HomeMy WebLinkAbout1999-04-08 Attorney McEllistrem Ltr to CALAW OFFICES
Collins, Buckley, Sauntry & Haugh, PL.L.P
West 1100 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101-1379
Telephone: (651) 227-0611
Fax: (651) 227-0758
April 8, 1999
Mr. Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff& Vierling
1835 Northwestern Avenue
Stillwater, MN 55082
Re: Stillwater High School Ropes Course
Our File No. 11018-1
Dear Mr. Vierling:
*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.
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
Thomas R. O'Connell
Dan O'Connell
Christine L. Stroemer
Thomas E. McEllistrem
Matthew A. Slaven
Michael D. Wentzell
C
Of Counsel
#* Theodore J. Collins
Retired
Eugene D. Buckley
My clients wish to point out an erroneous assumption by Scott Richards in connection with the ropes
course. Mr. Richards stated his belief that some components of the ropes course could be up to 45
feet in total height pursuant to the Oak Park Heights zoning ordinance. Mr. Richards relies upon the
building height exceptions of the city ordinance (found at pages 15-17, 18) in asserting that the
"ropes course is in the nature of poles, towers and other structures for essential services."
Under any reasonable interpretation, the ropes course elements do not constitute "essential services."
The Oak Park Heights city ordinance defines essential service structures as follows: structures and
buildings necessary for the operation of essential services, including but not limited to: telephone
buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks, lift
stations.
Further, the term "essential service" is defined as follows: the erection, construction, alteration or
maintenance by public utilities or municipal departments of underground or overhead telephone, gas,
electrical, steam, hot water, communication or water transmission, distribution, collection, supply
or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in
connection therewith for the furnishing of adequate service by such private or public utilities or
municipal departments. Transmission reception antennas shall not be considered an essential
service.
Collins, Buckley, Sauntry Haugh, PL.LP
Mark J. Vierling
Page 2
April 8, 1999
I request that you call this error to the planning commission's attention at the upcoming meeting.
I have forwarded a copy of this letter to my clients for inclusion in a small packet they will be
providing to the planning commission.
Please do not hesitate to contact me with any questions.
Very truly yours,
THOMAS E. McELLISTREM
TEM /jds
cc: Greg and Cathy Kunz
Tom and Lisa Edison