Laserfiche WebLink
06/"..4/96 MON 15: 51 FAX 16123402807 DORSEY WHITNEY [ 003 <br /> DORSEY & WHITNEY LLP <br /> • Scott Harlicker <br /> Page 2 June 24, 1996 <br /> out its memorandum last Friday recommending the code change for the agricultural <br /> districts. <br /> Your memorandum for agenda item 5.8 also contains several factual errors, one of <br /> which is the inaccurate statement that "[t]he urban service area has also been expanded to <br /> include this area [proposed for rezoning.]" No portion of the ANC, including the area <br /> subject to the rezoning proposal, is presently within the urban service area, nor does <br /> Cargill have any use for such utility services. Indeed, the entire discussion in your <br /> memorandum apparently contemplates a series of industrial development events that <br /> will not occur on the Cargill property. <br /> Staff apparently fails to appreciate the serious issues presented here, or it is <br /> pursuing an agenda at odds with the repeated assurances made by City officials that Elk <br /> River does not intend to alter any of Cargill's authorizations to continue its ANC <br /> operations or to otherwise force the company to leave the City. As I have indicated to you, <br /> the inevitable result of the course that staff is recommending here will be to leave Cargill <br /> with no choice but to take legal action to protect its multimillion dollar investment in the <br /> • ANC. Cargill clearly would prefer to avoid the necessity of such recourse. I remind you <br /> again that the difficulties here are not the result of any actions taken by Cargill; they are <br /> the consequences of planning and zoning decisions made by the City to address anticipated <br /> future situations without apparently considering impacts on actual, existing activities. <br /> Finally, we would urge you to carefully explain to the Planning Commission at the <br /> hearing on June 25 as to why staff believes the City's interests are best served by provoking <br /> a costly legal dispute with Cargill rather than avoiding a conflict through a relatively <br /> simple Zoning Code change to the I1 district. We believe the public officials and taxpayers <br /> of Elk River will be quite interested in that explant'• T. <br /> Very r y yours,/ <br /> 4 <br /> Gre-.ry A. F. aine <br /> GAF:gle <br /> cc: Elk River Planning Commissioners <br /> Timothy Thomas, Esq. <br /> 110 <br />