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City Council Study Session <br />Monday, September 17, 2007 <br />Page 13 <br />lease language prohibiting changing or closing of access points with- <br />out tenant consent. <br />Councilmember Kough expressed his frustration with MnDOT's lack <br />of attention in maintaining medians at this busy intersection within the <br />City of Roseville. <br />Mr. Schwartz sought City Council feedback and support for staff to <br />continue working with Har Mar to see if agreement can be reached to <br />take advantage of this once-in-a-lifetime potential for improvement in <br />relocating the intersection and removing an unsafe intersection. <br />Mayor Klausing expressed disappointment and perplexity with the <br />unnecessarily strident tone of the written comment in the September <br />14, 2007 letter, and invited Har Mar representatives to address the <br />City Council and explain their rationale for the tone of the letter. <br />Har Mar representatives, Tom Hart, Attorney with Winthrop and <br />Weinstein, representing Gateway Washington, Inc.; and Mr. James <br />Swanson, Regional Operations Director with Emmes Realty Services, <br />LLC, were present to provide comment. <br />Mr. Hart apologized for the bluntness of the letter; however, he noted <br />the impacts of this potential project on Har Mar lessees and potential <br />anchor tenants currently in negotiations with Har Mar. Mr. Hart clari- <br />fied that the original land use application that included the former <br />Backyard Grill Restaurant property had been withdrawn from the cur- <br />rent land use application; and the only current application was for a <br />potential new restaurant building on the northeast side along County <br />Road B, with nothing impacting the Skillman Avenue area driveway <br />from the perspective of Har Mar. Mr. Hart advised that a national an- <br />chor tenant was prepared to sign a letter of intent, but would not enter <br />into negotiations for a lease if the restaurant was moved north. Mr. <br />Hart further noted that the area north of the current driveway was a <br />"no build" area due to Barnes & Noble and Cub Foods lease prohibi- <br />tions for placing any buildings in this area due to sight lines. <br />Mayor Klausing noted that, if lessees agreed to such an improvement <br />for safety and traffic congestions considerations, there may be no <br />