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Home My WebLink About2002-04-26 Applicant Attorney Ltr to OPH & NAC05/01/02 WW 13:18 FAX 612 340 7900 RB RIDE R BENNETT E GAN &A RU ND EL VIA FAX: 763-544-0531 Ms. Kris Danielson Community Development Director City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Dear Ms. Danielson and Mr. Richards: RIDER BENNETT Attorneys at Law A PrAisiotIll Liraitod TrOiC April 26, 2002 333 South Sevcnheet Suite 2000 Minneapolis, MN 55402 Telephone. S 12.340 + 7951 Fax • 612.340.7900 www.riderlaw.com Jeffrey D. Carpenter (612) 340 -8935 jdcarpenter@riderlaw.com VIA FAX: 952-595-9837 Mr. Scott Richards Northwest Associated Consultants, Inc. 5775 Wayzata Boulevard, Suite 555 Mi�ar eapolis, MN 55416 Re: Stillwater School District Application for Amendment to Conditional Use Permit and Variances for Stillwater High School Stadium Our File No.: 16981/102 This letter is provided to you in connection with our efforts to secure final conflrrnation from the State of Minnesota, regarding the application of the State building code and the internal policies of the Minnesota Department of Administration concerning whether the School District may rely solely on the use of portable toilets, or whether it is additionally required to open up all or a portion of the school building for stadium restroor use. In connection with the foregoing, please find enclosed copies of email transmissions sent and received by India Boultonn of our office to and from Scott D. McLellan of the State of Minnesota, Although we have had conversations with others within the State of Minnesota on this issue (all of which have been consistent with the information now furnished by Mr. McLellan), we have focused our efforts to obtain clarification directly from Mr. McLellan, as we understand that he is the person who had previously been in direct contact with the City staff on . this matter. Mr. McLellan's comments pertain directly to the Minnesota, Department of Administration, Building Codes and Standards Division, Policy No PR -04 on the issue of "Required Plumbing Fixtures ", a copy of which policy was previously furnished to the City As you will recall, that Policy provided in part as follows: The Division will recognize the use of the following to satisfy this requirement: a) permanent fixtures located either on site or available in an adjacent building; b) portable temporary fixtures that will be available on site during times when the bleacher seating is in use. [2020 05/01/02 WED 13:18 FAX 612 340 7900 RIDER BENNETT RIDER, BENNETT, EGA� t LS U NDEL, LLP Ms, Kris Danielson Mr. Scott Richards April 26, 2002 Page 2 Confusion on this issue between the City and the District generally focused on whether items (a) and (b) above were "alternatively" or "collectively" required in order to comply with State law. Mr. McLellan's responsive email makes it clear that such items are in fact "alternative" requirements. As reflected in the enclosed emails, it is clearly the State's policy that the School District may satisfy the requirements for toilet facilities by either (a) providing permanent fixtures on site or in an adjacent building, or (b) providing portable fixtures on site. Consequently, the District will be in compliance with State law by furnishing only portable temporary toilets on site. It would be the District's intent to keep the school building locked and inaccessible for stadium restroom use; provided, however as Lyle Koski, the high school principal, indicated at the March 26, 2002 City council meeting, the District would most certainly be willing to provide. limited building access in unique situations where the circumstances indicated that an individual would not be able to use a portable facility. This is anticipated to be an infrequent occurrence. While we recognize that there may remain some concern by the City over the lack of general access to the school building, T am advised by the District that there are a number of compelling reasons which support this positron. These reasons including the following: 1. Access to the school building poses significant security and vandalism issues both on the school grounds and within the school building generally, as well as within the school building restrooms specifically. We have been advised by Sherrn Danielson, the District's Activities Director, that all or nearly all school districts generally implement policies designed to keep stadium attendees within the designated stadium area during stadium events for these and other similar reasons. 836180-1 2. Granting access to the school building would require the District to implement a process for stamping hands, re- ticketing, or otherwise enabling stadium attendees to regaixi access to the stadium area after leaving the arca to use school building . restrooms. This would present serious control problems. 3. Allowing stadium attendees to leave the ticketed stadium area creates problems with respect to possible access to alcohol or other prohibited substances, and additionally increases the potential for introduction of such substances into the stadium area. RifER bENNETT E LAN &, RUNO EL [.427 05/01/02 WED 13:18 FAX 612 340 7900 RIDER BENNETT _ - - E 028 RIDER, BENNETT, E 1 UNDEL, LLP Ms. Kris Danielson Mr. Scott Richards April 26, 2002 Page 3 If for any reason you have any questions or concerns with respect to the foregoing, please contact me at your earliest opportunity. 836180-1 Very truly yours, RIDER, BENNETT, EGAN & ARUNDEL, LLP effrey D. Carpenter .DC /L LI cc: Mark J. Vierling, Esq. (by Fax: 763- 544- 0531TLLS. Mail) RB REDER BENNKTT ELAN &ARUNDEL 05/01/02 WED 13 :19 FAX 612 340 7900 oul on m flgh Sc ool Stad um Scott, From: India Boulton To: scoff. mcleilan a@mri. us Date: 4/25/02 3:49PM Subject: High School Stadium India Webb Boulton, Esq. Rider, Bennett; Egan & Arundel, LIP 333 South Seventh Street, Suite 2000 Minneapolis, Minnesota 55402 iwboulton@riderlaw.com (612)340 -8945 phone (612)340-7900--fax RIDER BENNETT This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail at iwboulton@riderlaw.com or by telephone at 612-340-8945 and delete the message and any attachments from your system. 1 just wanted to check in with you to make sure that you have my correct e-mail address to send your comments concerning the restroom issue at the Stillwater Area High School Stadium to be constructed In Oak Park Heights, MN. As we discussed, the main issue is whether the school district must also open up the school to the public for restroom use in addition to the District's proposal to provide sufficient portable toilet facilities. Our position is that the District is not required by state law to open up the school if it provides the requisite number of portable toilet facilites. Please confim. Thank you. El 029 age 1 05/01/02 'FD 13 FAX 612 340 7900 _ DES �3ENNET'� / ii itaf L7Lll.fl« °' �„i(aF'I l ion of or Pofi on Ranf ,lrrA•��, ...., .... _. r- `.�..�_ _ _t M,.��r -- 'i-- _� ....� f.�.�� .� � �.ti4�i Qa ui Q1�t�+� ��f �]��.dGC1L� Seating .... •• ,..��L�- From: Scott McLellan <Scott.McIellan @state.rnn.us> To: India Boulton <iwboulton a@rlderjaw,com> Date: 4/25/02 5 :56PM Subject: Clarification of our policy on Required Plumbing ixtures at exterior � e nor $leacher Seating India, 1 am confirming that the intent of our policy k that only a or b need be satisfied, but not both. In other words, either permanent fixtures must be provided either on site or In an adjacent building OR portable fixtures must be provided on site. Scott McLellan 1 030