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HomeMy WebLinkAbout1998-12-15 Attorney McEllistrem Ltr to OPH"'/ 15/98 16:10 612 227 0758 LAW CFFICFS Collins, Buckley, Sauntry & Haugh, PLLP West 1100 First National Building 332 Minnesota Street r Saint Paul, Minnesota 55101 4379 Telephone: ( 1) 227-0611 Fax (651) 227-0758 December 15, 1998 Mr. Tom Melena City Administrator Oak Park Heights P. 0. Box 2008 14168 North 57th Street Oak Park Heights, MN 55082 Re: Stillwater High School Ropes Course Our File No. 11018 -1 Dear Mr, Melena: Regarding the correspondence of October 21, 1998 referred to in my letter dated November 19, 1 am enclosing a copy for you review. Unfortunately, my letter incorrectly lists the writer of the letter Kathleen Macy had written the letter and referred to her conversation with you therein... 1 apologize for any confusion this has caused. Very truly youxs, THOMAS E. McELLISTREM TE M: mj Endo s ure cc: Greg and Cathy Kunz AttKi AdtMtE0 1 wlccxncin. T CM mai Spocrokei, C6Rfiea for no Ci'I LICI9a+►en ;e aCn 0 too mrrtna ,o+z Slate Oa Assok:Lrefito, x Cerwieo 4y ire Nalionet Board of That Advocacy ma a Civil inev spoclak; i. 6 CPA. Carli118d by the Nlnriasva SIaia Board ar Accountancy. °MBA in Finance. William E. Haugh Jr. �r Michael J. Saiaxry Marx W Chan r Patrick T. T emey tirThamas J.Gemt:cheid * Joan R. 5crr 4z o Manias R. O'Ccnneil 0 Dan O'Connell C visdne L. Stroemer Sarah J. Batzf i ¢Thomas E. McElIistrem 01 Co rtsel zt* Thaodore J. Ccttins Refired Eugene 0.8uckdey NO 652 D02 vtiy71 d STILLWATER AREA SCHOOLS Board Of Education Melva fadZke Chairperson Mary C3ccan1 Vice Cnairperson Ann Gillen Clerk David "Chec" Junket Treasurer Roland Buchman D!ractor Deb Gurke Director Karen Rase DIrsctor Kathleen Macy Superintendent An Elul O pottun ty £rnpkoyet 10.1U C7 L G, C.C. f Effecdve Learning Through Erosiiance in Education 1875 SOUTH GREELEY STREET STILLWATER, MINNESOTA 55082 351 °8303 To: Mr. Tom Edison Ms. Karen Rheinberger Mr. Greg Kunz ,^ From: Kathleen P.. Mac Superintend~ nt Date: October 21, 1998 Reg Questions submitted to the Board of Education NUobid UO3 Please accept this 'n formation in response co questions presented to the Board. � luesttons.4567 g 9 10 11 12 13 14 -I .1.6 1.7.18 20 21 all deal with the trees to be ante* on school district grounds The spruce trees feet tall and will that will come from the ELC will be between 1D o 20 fee trees are male, non -se transplanted in 1999. The fast-growing ed bearing, hybrid cottonwoods. - 'v the cortonwoods are expected to reach a height of 50 feet and have a life Conservatively e trees will be transplanted by volunteers in the spring of 1999. expectancy of 40 yea.rs. These The tree experts that provided. Moen ided. information important in our decisions are Dr. Carl , University of Minnesota and Mr. Tiro O'Brien., tree expert of the retired geneticist of the � Y of these gees. Minnesota. No map h Lln�vers� University of M� p is available for the planting locations • developed as we review site lines, fence lines, activity area etc. The Planting will be de p by soil is being tested b students at SAHS under the direction of Mr. Glenn Boettcher. The soil c atibie with the requirements of the trees selected as these trees are native is expected to be or°np . e is installed at this writing. The approach of the tree planting equipment to this area. The fence een contacted. ffrom the ELC has not been set, and no athletic team coaches have b uestions: 2 and 31 deal with the conditional us ri �" o Mr. Parker and to Kathleen Macy that the The City Administrator, Mr. Tom Melva, stated to . , tY definition of educational activities, it is not a building, and it ropes course is clearly within the .. permit was�is • ante area as other physical education rel activities No perms is locat..ed �n the s of the Schaff, Mayor of Oak Park Heights, concurs. Mr. Edison has a copy required. Mr. Dave � Y conditional use permit. Que;tior 1 deals with handicay.ccessihilit'L High ' le. If it were not so, Stillwater Area �3tg The app to the course is handicap a.ccessib in pP wheelchair to allow students to use the Environmental ears g School also has an all-terrain Center. The course itself is designed for team activity. The ac tivities do include handicapped individuals. There is n© requirement in legislation that mandates that the base of the equipment that the program b e accessible. Part of the'experience is TO have be accessible. It is required th p � earners work tog so that all individuals, with disabilities or not are successful on the l am g course. This is the goal of the Stillwater Area High School course as well -- -thus, the program is accessible. 12/15/98 16:10 612 22? 0758 Mr. Tom Edison, Ms. Karen Rheinberger, Mr, Greg Kunz October 21, 1998 Page two Question 3 deals wijittAL de toe Board of Education Mr. P� Parker has communicated with Mr. Edison that once the report is made regarding �n the fence costs the bid will be made available to him. with limits to use of funds f camel or_genera accortnts for the course. Ouestion 4 deals � 'There are no limits currently in place. However, any additional expenditures would be made in consultation with the Board of Education. estion 23 deals with sil z of i....� a wood. tick expert have as a wood tick expert; We have no one on staff identified P ert; however, we have members on staff that strong entomology backgrounds. Quetio" 74 daal Suitt onicre2imin.g,siYaniry arc nom consequences to staff � =�d students regarding the use of profanity while We have dear expectations and c ans�.q � the recent training of staff We are aware of the wishes of our neighbors and th g engaged in a school activity. , minimizing noise corning from learners an the course. The numbers of emphasized the importance of m�ntnu g g traveltn learners that can be on the course at one time have also been set to reduce the nois e g into the neighborhood and to ensure student safety. uestioreetina unit. T ri L.c:wis or Carol Davis. Such a meeting has no been set. Ms. Lewis has ).ready met with neighbors. meeting Question 2S dL: is with im 'ed ro is s. Yn August, at am d Mr. Pedersen were asked meeting held ;n 'Kathleen Macy's office, both Mr. Bischoff an the l near' the pond area, Both stated that no promise was made or if there were any agreement shout tl� P truct�an were asked implied. Board rnezn b ens �.h t served. at the time of the high school design and cons members related that r o promise was made regarding the land area about prorruses made, '�����` board near the pond. A review of the minutes of meetings held at the dire of th e high school construction d level re ardtn the use /nonuse of land adjacent to the hnl.di.ng revealed no 'action was then at a board g g din the o e use by pond. District 834 legal counsel also indicated that no agreement is in dace regarding pr P the pond. uestion 26: deals with bean c ohs tm ti Ln the time of initial grading A berm was not constructed on either the north or chi! south side of the pond at th bebecause it would have prd cn v ter! dccd to the pond by property owners on either side. Another ions o either side of the pond would have required the berm to be consideration was that the �. i..vat} � property line and that was felt to be unacceptable for both property from the ra pr hundreds of feet away P p owners. . � �tnicat�o ex c;tation with the Blackwood nei. hborhond. ■ue�t ❑n ?' deals with Phi.. I �o�nm �' �acert�nt� to learn of The purpose of the rL the neighborhood of the co urse P the concerns for such placement and to respond to the concerns. Laced. KPM..dkh C. Board of �..- itiGZttoa Members Dr. Chid= Bapc'x f:L . Mary Io Weingarten Mr. D .n Parke" Ms. Teri Lewis als with the hoard bell f that th course was a..ronriaceL � ues � � on 3 fie Individual conLaoL was made with b Go members to learn of their support for the placement of the course. The majority approved of the pi acs ivient of the course. NO. 65a —304 LAW OFFICES Collins, Buckley, Sauntry Haugh, PUP West 1100 First National Bank Building 332 Minnesota Street Saint Paul, Minnesota 55101-1379 Telephone: (651) 227 -0611 Fax: (651) 227 -0758 November 19, 1998 Mr. Tom Melena City Administrator Oak Park Heights P. 0. Box 2008 14168 North 57th Street Oak Park Heights, MN 55082 Re: Stillwater High School Ropes Course Our File No 11018 -1 Dear Mr. Melena: *Also Admitted in Wisconsin. t Civil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association. t Certified by the National Board of Trial Advocacy as a Civil Trial Specialist. 0 CPA. Certified by the Minnesota State Board of Accountancy, MBA in Finance. William E. Haugh, Jr. * Michael J. Sauntry Mark W. Gehan -t Patrick T. Tierney t *Thomas J. Germscheid * John R. Schulz o Thomas R. O'Connell a Dan O'Connell Christine L Stroemer Sarah J. Batzli a Thomas E. McEllistrem Of Counsel tt* Theodore J. Collins Retired Eugene D. Buckley Please be advised that 1 represent a group of property owners adjacent to Stillwater High School. I understand that you recently spoke with Greg Kunz, one of the adjacent property owners, regarding the Ropes Course constructed in the "buffer zone" between the high school and the neighborhood. n understand that you advised Mr. Kunz that the high school was "Within its rights" when it installed and constructed the Ropes Course this fall. The purpose of this letter is to request that the Oak Park Heights City Zoning Administrator inspect the Ropes Course structure on the high school property to determine its compliance with the ordinance. According to Oak Park Heights City Ordinance Sec. 401.07.B, the City Zoning Administrator shall take appropriate action against a violator. The City Zoning Administrator, upon request, shall inspect buildings, structures and uses of property within the city to determine their compliance with the ordinance. The City Zoning Administrator is required to notify in writing any person responsible for violating any provision of the ordinance, including the nature of the violation and ordering the action necessary to correct it. The City Zoning Administrator shall further order the discontinuance of the illegal use of land, building or structures, and order the removal of illegal buildings, structures, additions or alterations. As you are probably aware, the high school was issued a conditional use permit in December 1991. This permit granted permission for the construction and use of a high school facility in an "0" zoning district. The permit provides that the "property shall be used for the construction of a senior high school with related facilities as are currently described and shown in site plans and drawings attached to and incorporated with the developer's agreement to be executed between the developer and city prior to the issuance of the conditional use permit." Collins, Buckley, Sauntry Haugh, PL.LP City Administrator Page 2 November 19, 1998 The conditional use pen further provides that "construction of any facilities, buildings, or b"9 structures not specifically shown within the existing site plan drawings shall not be allowed except P upon application to amend the conditional use permit." Rather obviously, the school has not applied to amend the conditional use permit for the Ropes Course. The Ropes Course is a "structure" under the Oak Park Heights zoning ordinance. A "structure" ( "public structure ") is defined as "an edifice or building of any kind, or any piece of work artificially built upon or composed of parts joined together in some definite manner which is owned or rented and operated by a federal, state or local government agency." Under a plain interpretation of the word "structure," a series of wooden poles anchored into the ground, and more than 40 feet tall in some cases, joined together by ropes, netting and ladders, clearly satisfies the definition of "structure." The structure is obviously "artificially" built. Minnesota case law establishes that where tall poles and connecting wires are constructed on property, such object falls within the definition of the term "structure." I am in possession of a letter dated October 21, 1998, from you to Kathleen Macy, Superintendent of Schools, advising her that no permit to amend the conditional use permit was required because "the Ropes Course is clearly within the definition of educational activities, it is not a building, and it is located in the same area as other physical education related activities." My review of the conditional use permit and the Oak Park Heights City Ordinance does not support your opinion. To the contrary, the Ropes Course is clearly a structure which requires application for amendment to the conditional use permit. In the event that you refuse to take any action in response to the requests set forth in this letter, my clients are requesting that you forward this letter to the Oak Park Heights City Council for action on this matter. Please advise me whether the Oak Park Heights City Council requires a direct request for relief from the property owners. If so, I will forward a letter directly to the City Council. I look forward to hearing from you soon. Very truly yours, THOMAS E. McELLISTREM TE M: mj cc: Greg and Cathy Kunz