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DRAFT <br /> <br />Reply to Minneapolis <br />Peter K. Beck <br />612 343-5374 <br />peter, beck~gpmlaw.com <br /> <br />July 22, 2002 <br /> <br />William C. Griffith, Jr. <br />Larkin, Hoffman, Daly & Lindgren, Ltd. <br />1500 Wells Fargo Plaza <br />7900 Xerxes Avenue South <br />Bloomington, MN 55431-1128 <br /> <br />Re~ <br /> <br />Tollefson Development, Inc. <br />Twin Lake Crossing <br /> <br />Dear Bill: <br /> <br /> This letter is in response to your letter of July 15, 2002, asserting that the <br />application of Tollefson Development, Inc. ("Tollefson") for approval of the Twin Lakes <br />Crossing project (the "Development") has been approved by operation of law. We <br />believe that a careful review of the facts regarding this Development does not lead to <br />such a conclusion. <br /> <br /> Tollefson's applications for approval of the Development were filed with the City <br />on April 30, 2002. The applications were heard by the Elk River Planning Commission <br />on May 28, 2002. The Planning Commission recommended denial of the proposed <br />rezoning for the Development, finding that the e~:isting zoning of the property is <br />consistent with the City's comprehensive plan and that there is no compelling reason for <br />changing the existing zoning. This recommendation was forwarded to the Elk River City <br />Council for final action by the Council. The Council hears and decides planning <br />applications on the third Monday of each month. Tollefson's applications were, <br />therefore, scheduled for hearing and action by the City Council on June 17, 2002. <br /> <br /> Because the Development as proposed involved significant filling of wetlands, the <br />Development was also reviewed by the City of Elk River Technical Evaluation Panel <br />("TEP") on May 30, 2002. Tollefson and its consultant were present at this meeting. <br />The TEP found that the Development as proposed violated the State Wetland <br />Conservation Act, due to excessive filling of wetlands, and recommended a number of <br />changes to the Development, including the relocation of roads and the elimination of <br />some lots. Tollefson indicated that revised plans would be prepared and submitted for <br />review by the TEP, and a second meeting of the TEP was scheduled for June 13, 2002 to <br />review the revised plans. This meeting was scheduled so that TEP review could be <br />completed prior to City Council review and action on the Development on June 17, 2002. <br />However, no revised plans were submitted and Tollefson did not show up for the June 13, <br /> <br /> <br />