HomeMy WebLinkAbout2007-11-21 Weekly Notes Reference & Attachment0
i CITY OF OAK PARK HEIGHTS1
Memo TO: Cit C
WEEKLY.NOTES Nov
Zonin Z De Items.
1. There have been no new applications.
.,. Johnson, Cit Administrator
2. The Cit did receive a re for information from Washin Count as to
cellular/radio facilities that ma be located in the Cit Their purpose is to
examine if these facilities are bein propert taxed. I did provide to the
Count - Mr. Piepenbur the re information, but also asked that
the clearl investi the numerous antennas and base facilities at the
Xcel Tower and an financial impacts to facilities the Count ma be
placin their 800 MHz facilities. Should the Count calculate that taxes are
due as a result of antennae on the Cit water-tower; the lease a
with Sprint will re that such fees be paid b them.
3. As y ou ma recall, the Cit has been attemptin to re that there be a
vehicular cross connection between Wal-Mart and Lowe's. I have asked
that if Wal-Mart was simpl opposed to doin so that the put this position in
writin so that we can then release Lowe's from such commitment, as we
will assume that all parties did ne in g ood-faith to g et the roadwa
installed.
Cit Hall Fa
I have enclosed a cop of a fl that was bein hand delivered b two individuals
on Sunda Presumabl as a result of this fl I have received onl one email from
Auldon and Janet Johnson, but perhaps some will come to the meetin on the 27th
where there is a resolution bein considered for final bond issuance.
Last Wednesda I did meet with Lisa Montanarl at the "Montanari Buildin located
next to the Ea 94 club. A the purpose of the meetin was to examine the
potential of this site. If is a nice facilit and will be discussed at our Worksession on
Nov 27th. The Council ma wish to have a more formal walkthrou as we did with
the former Herber site.
Other Items:
Councilmember McComber has indicated that the Experienced Elected
Official Meetin as sponsored b the LMC will be held on Jan 18-19. Please
see the enclosed a The primar topic is ETHICS.
Todd Clarkowski has advised the Cit that MNDOT now has available its
Local Gov. Guide, it is available on the internet. See his enclosed email.
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WAL -MART STORES INC. * 2001 S.E. 1O STREET * BENTONVILL.E, AR 72712-0550 * 479 -273 -4387
November _ A , 2007
VIA FACSIMILE (651) 439 -0574
Eric Johnson
City Administrator
City of Oak Park Heights
141 Oak Park Blvd. N, Box 2007
Oak Park Heights, MN 55082
Re: Wal-Mart Real Estate Business Trust; Release of Letters of Credit/ Oak Park
Heights, MN (Store No. 1861-04)
Dear Mr. Johnson:
This lett is sent in reference to that certain Developer's Agreement (th ".Agreement ")
executed by and between the City of Oak Park Heights (the "City ") and Wal -Mart Real Estate
Business Trust ( "Wal- Mart ") relative to the development of the above - referenced site. Please
release all letters of credit and unused escrowed funds now being held for the City's benefit
pursuant to the Agreement.
I am aware that you have recently asked our engineer to obtain a letter from Wal-Mart to
the effect that Wal -Mart is unwilling to install a cross - connection with wal- Mart's easterly
neighbor, Lowe's. Although I am unaware that any such cross - connection is a condition set
forth in the Agreement to be satisfied by Wal -Mart, you may consider this letter as evidence that
no cross -connection will be installed. Wal -Mart worked with Lowe's on the terms of a
temporary construction and cross-access easement. In general, we support the proposed cross
connection. However, we could not secure what we believed were the necessary insurance and
guarantees from Lowe's that were in our opinion necessary terms of such an easement.
WAL -MART REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
By
Michael Gardner ._..�. -'
Regional vice President of Design and Real Estate
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