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HomeMy WebLinkAbout2006-02-01 Mesbesher & Spence Ltr to CA . !i 8 • IiL.'. A eq LAW OFFICES ROiw+t7'I.MESHBESHER MESHBESHER & SPENCE, LTD. ANTHONY J. JOHN P CLIFFORD COLLEEN M. CHRI CHRISTIANSON DENNIS R. JOHNSON 1616 PARK AVENUE KONSTANDINOS NICKLOW DANIEL J BOIVIN PAUL R DAHLBERG MICHAEL C SNYDER MINNEAPOLIS, MINNESOTA 55404 PAMELA J. SPAULDING JOHN P SHEEHY MARK D. STREED (612) 339 -9121 ANDREW DAVICK DANIEL C. GUERRERO FAX (612) 339 -9188 OF COUNSEL KATHERINE S. FLOM JEFFREY P. 0[STAD www.meshbesher.com KENNETH MESHBESHER REPLY TO MINNEAPOLIS OFFICE February 1, 2006 Mr. Mark Vierling City Attorney Eckberg, Lammers, Briggs, Wolff & Vierling, PLLP Suite 110 1809 Northwestern Avenue Stillwater, MN 55082 RE: Jacob Holdings of Stillwater, L.L.C. (Denny Hecker) Application to Amend Conditional Use Permit Dear Mr. Vierling: Thank you for your time at our meeting on January 25, 2006. I want to follow up with the items we discussed to make sure we are all in agreement on how we are to proceed forward. During the meeting we covered the items outlined in your letter of January 25, 2006, to the Planning Commission Members. As you know, we discussed the recent news we learned from the representative of Erickson Post Acquisition Inc. Unfortunately, there is a continuing delay in our ability to close on the property pending the documentation of closure from the MPCA related to the contamination issues of the property. Our understanding is that you are going to speak with the Erickson Post representative and confirm that in fact we are delayed for approximately another one and a half years. As you also know, the ultimate goal of Mr. Hecker and his organization is to build new dealership facilities on the property in question. However, the unknowns have been the completion date of the cleanup and the Highway 36 project. Mr. Rambow will work on getting some preliminary plans drawn up and to your office no later than February 24` This should give the city an idea on what Mr. Hecker would like to see and develop in the future. In the meantime we will address the following items. 1. We will prepare a drainage plan which shall be subject to review and approval of the city engineer. 2. We will submit a lighting photometric plan to verify the work that was done on the project subject to review and approval by the city. MINNEAPOLIS, WOODBURY, ST. CLOUD & ROCHESTER MESHBESHER & SPENCE, LTD. Mr. Mark Vierling Page Two February 1, 2006 3. We shall submit a future site plan for the dealership property which will address the issues raised in your letter. We would ask that we have until October 15, 2010, to begin construction pursuant to plans which will be subject to review and approval in the future. In the meantime, we will see if it is necessary to reschedule the preliminary hearing set for March 31, 2006. Our goal is to have the items outlined in this letter completed and submitted by February 24, 2006, so that we get on the planning commission agenda for March. Let me know if there are any other issues we need to address. Thank you again for your cooperation. Very truly yours, ESHB R & SPENCE, LTD. Daniel J. Boivin DJB:amg c: Eric Johnson City Administrator City of Oak Park Heights Scott D. Richards Senior Planner Northwest Consultants, Inc. Bill Rambow Denny Hecker Automotive Via Fax and US Mail