HomeMy WebLinkAbout2002-04-22 CA Ltr to Mayor & Council47
LAW OFFICES OF
Eckber Lammers, Bri Wolff & Vierlin P.L.L.P.
1835 Northwestern Avenue
J ames F. Lammers
StiEwater, Minnesota 55082
Paul A. Wolff
Robert G. Bri *
(1944-1996)
Mark J . Vierlin + -�-
(651) 439-2878
------------------------
Thomas J . Weidner +
Susan D. Olson +
FAX (651) 439-2923
L J. Eckber
Of Counsel
David K. Sn
*Qualified Neutral Arbitrator
Timoth M. Kelle
Writer's Direct Dial: ( 651 ) 351-2118
* Certified Real Estate Specialist
-,�-Qualified Neutral Mediator
April 22, 2002
Ma David Beaudet Councilmember L B
6400 Lookout Trail North 6120 Oxboro Avenue North, # 123
Oak Park Hei Minnesota 55082 Oak Park Hei Minnesota 55082
Councilmember Mark Swenson
14846 Upper 55t" Street North
Oak Park Hei Minnesota 55082
Councilmember Mar McComber
5728 Penfield Avenue North
Oak Park Hei Minnesota 55082
Councilmember Jack Doerr
14520 Upper 56"' Street
Oak Park Hei Minnesota 55082
Re: Independent School District 834 Third Amended Conditional Use Permit
and Variance — Condition No. 151, CUP Permit
Dear Ma and Council:
After havin reviewed the videotape of the March 26, 2002 meetin it is m
opinion that the condition and statements drafted as part of Condition No. 15 of the Conditional Use
Permit re the Hi S chool Stadium Project should remain as drafted.
The videotape reflects that immediatel prior to the final motion bein made relative
to the restroom facilities, a motion was made to provide that, in the event that the school district
decided not to build permanent restroorn facilities, the would have to keep open and available for
use of the public the bathroom facilities in the hi school. That motion also had as a second item
within i that the Cit would retain the ri of review over the issue of restroom facilities.
Followin the passa of that motion, which was b 5 to 0, there was then
discussion and a motion b Councilperson Swenson to substitute merel that the district abide b
the state law in providin necessar restroom facilities. His motion did not address nor did it state
an acceptance or rejection of the second condition of the prior motion relative to maintainin the
issue subject to future review b the Cit Council. That motion passed b a 4 to I vote, Ma
Beaudet dissenting.
Mayor & Council
April 22, 2002
Page 2
The issue of the review had been discussed as part of the overall discussions relative
to the issue and Mr. Carpenter on behalf of the school district, Mayor Beaudet and Ms. McComber
all. concurred that review should be a necessary part of that issue. It is any impression that, given
that discussion, it was the intention of Councilperson Swenson in making the motion only to
substitute the state building code requirement in lieu of the requirement to keep the permanent high
school facilities on the main campus open during games.
I have also conferred by phone with Councilper son Swenson, who has advised me
that that was, indeed, his intent in making the motion.
Yours very truly,
Marls J. Vierling
M:JVldcb
cc: Jeffrey Carpenter, Rider, Bennett, Egan & Arundel
Kimberly Karnper