HomeMy WebLinkAbout1999-10-21 CA Ltr to Attorney ClintonJames F. Lammers
Robert G. Briggs **
Mari J. Y ierlin
Gregor G. Gaiter.
Thomas J. YV'edner*
S usan D. Olson*
D avit! K. Snyder
LAW OFFICES OF
Eckber Lammers, Briggs, W0Iff Vj
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439 -2878
FAX ( 51) 439 -2923
Direct Dial No.: (612) 351-2118
Mr. John W. Clinton
Fluegel, Moynihan & Clinton, P.A.
1303 South Frontage Road, Suite 5
Hastings, Minnesota 55033
Dear Jack:
October 21, 1999
rein
Paul A. Wolff
f
n (W44 -1996)
*Qualified Neutral Arl7itrator & Mediator
*Qualified Neutral ArLitrator
*Certified Heal Estate Specialist
°Qualified Neutral Mediator
Enclosed please find copies of the materials that I have
in my file to date with regard to the post office transaction
within the City of Oak Park Heights. For background information,
you need to know the following.
The post office apparently has a purchase order on Lots
1 and 2, Block 2 of Kern Center 2nd Addition. They have not
applied formally for anything with the City of Oak Park Heights as
of yet. They have asked the City for two items of consideration;
one is they want an additional access to 55th Street from Lot 1 so
that they can circulate traffic and at some point in time, they are
obviously going to have to come into the City and request that we
vacate the interior lot lines between Lots 1 and 2 as their
proposed facility is going to be located in the center of the two
lots.
From the City's perspective, the post office is going to
be owned, not rented, therefore, the City will lose all tax base on
the property. Secondly, the post office and their architects have
already made it eminently clear to the City that they feel exempt
from the City's ordinances and design standards as adopted for
commercial properties within the City of Oak Park Heights and they
have no intention of complying with these.
The City is not terribly inclined to be cooperative with
the post office either. The City feels that since the access to
55th Street is additional over and above the access that they
already have on Memorial Avenue and inasmuch as the City is also
Mr. John W. Clinton
October 21, 1999
Page 2
the owner of the utility easements going down the middle of the lot
lines, dealing with the post office on either of those issues is
discretionary for them and can be used as leverage to ost et the
g post ice to accede to City demands which might also include a p � a ent
of taxes in lieu.
The current City Administrator is Mr. Thomas Melena and
he is anxious to have a letter sent out to the architects rejecting
ectin
their request for access to 55th or at � g
t least at a minimum returning
their correspondence. You will note that I had drafted a letter to
do that which is dated October 14 and at that time 1 learned that
Bob Briggs of this office is an interested member of the rou of
people that sold the property to the n P
p p y e post office zce and is pending on
that purchase agreement and, consequently, our conflict of interest
arose.
Additional information on the project in terms of the
detail of the post office design have been submitted informall y and
without application yet to the City's Community Development
Director, Ms. Kristin Danielson, and, of course the City's Planner,
Mr. Scott Richards, has also been involved to some aspect on those
matters.
MJV /sdb
Enclosure
cc: Thomas Melena (w /o enc)
Yours very truly,
Mark J. Vierling