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HomeMy WebLinkAbout1985-07-26 JPCLAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING JAMES 1. MOBERG Mr. Nile Kriesel CITY OF STILLWATER 216 North Fourth Street Stillwater, MN 55082 Dear Nile: P. O. BOX C STILLWATER, MINNESOTA 55082 (812) 439.2878 July 26, 1985 In Re: New Stillwater Project, Inc. Regarding the above -entitled matter, I wish to advise you that I have been retained to review the background of the issuance of a Special Use Permit and intoxicating liquor license and to attempt to determine the present status of the same. I have had the opportunity to review the appropriate City records regarding these proceedings and the following is my understanding of the background: A. Special Use Permit 1. An application by the New Stillwater Project, Inc. in the person of Michael McGuire for the conversion of the car wash located at the base of Nelson Street to a cafe was denied by the City Council on June 1, 1982. 2. For some reason which is not apparent from the records, the matter again came on for hearing on July 6, 1982 at which time the City Council issued an Order granting the Special Use Permit, the Order being dated December 12, 1983, conditioned upon the applicant paying its fair share of the parking lot assessment and compliance with the requirements of the Flood Plain Ordinance. 3. On November 1, 1983, a variance was granted which would allow construction of the proposed cafe within the 28- foot ordinary high water mark, said variance being based on the following conditions. a. Compliance with the DNR letter dated October 28, 1983; r. Nile Kriesel July 26, 1985 Page 2 b. Receipt of certified engineer's report specifying pilings and structural design; C. Compliance with Section 203 of the State Building Code; d. Landscaping plan; e. Final building plans certified by a registered engineer; f. On -site grading and surface water run-off plan; g. Performance bond; h. Evacuation plan. B. Liquor License 1. On October 30, 1984, the City Council adopted Resolution 7401 committing to the issuance of an on -sale intoxicating liquor license, conditioned upon the applicant complying with the following: a. Working drawings and proof of financing arrangements; b. Proof of proper bonding and insurance; c. Payment of fees; d. Construction timetable that would insure construction within a reasonable period of time; e. The financing arrangements and the working drawings were to be submitted by January 1, 1985; 2. On December 18, an application for the liquor license came on for public hearing before the City Council at which time the application was approved, conditioned upon all prior conditions imposed being met. To date it is my understanding that little if any of the information required by the City has been provided by the applicant, and that neither a building permit nor a liquor license had been issued. I would appreciate your advising me of the following: Mr. Nile Kriesel July 26, 1985 Page 3 1. Has the applicant's fair share of the parking lot assessment been determined and paid? Have final building plans been submitted which comply with all of the requirements of Section 3107 of the Stillwater Building Code, the Flood Plain Ordinance? 2. Has the applicant complied in all respects with the DNR letter dated October 28, 1983? 3. Has the applicant submitted a certified engineer's report specifying the design of the pilings and structural design of the proposed building? 4. Has the applicant submitted final plans complying with Section 203 of the Stillwater Building Code? 5. Has the applicant provided an evacuation plan? 6. Has the applicant submitted approved site grading plans and surface run-off plans which meet the requirements of the City Ordinances and State Codes? 7. Has the applicant submitted a final landscaping plan? 8. Has the applicant submitted an approved performance bond? 9. Has the applicant submitted approved financing arrangements? 10. Has the applicant submitted proof of proper bonding and insurance. 11. Has the applicant paid all required fees? 12. Has the applicant submitted an approved construction time table? 13. Would you please provide me with copies of affidavits of mailing for all of the public hearings held regarding these proceedings. My client is not ony concerned that the applicant has not complied with the requirements of the City Council and the ordinances of the City and the laws and codes of the State of Minnesota, but further that the applicant has not demonstrated an ability to comply with the same, and clearly has not done so within a reasonable period of time. The greatest concern of my client is the fact that the last remaining liquor license presently available in the City is being tied up through these Mr. Nile Kriesel July 26, 1985 Page 4 proceedings and that alternative plans for the subject parcel cannot be reviewed by the City because of the apparent committments made to the applicant. My client's approach to the ultimate development of the subject parcel is a positive one, and he would hope that the parcel could in fact be developed to the highest and best use consistent with the best interests of the citizens of the City of Stillwater. I would further assume that unless and until each and every requirement as set forth above has been complied with by the applicant, neither a building permit nor a liquor license will be issued. Upon receipt of answers to the questions raised above, we would be in a position to determine how best to proceed to address the concerns of my client. Thank you for your anticipated cooperation regarding the above. Very truly yours, Ja s F. L mmers JFL:jo CC. Terry O'Brien Mr. Nile Kriesel July 26, 1985 Page 4 proceedings and that alternative plans for the subject parcel cannot be reviewed by the City because of the apparent committments made to the applicant. My client's approach to the ultimate development of the subject parcel is a positive one, and he would hope that the parcel could in fact be developed to the highest and best use consistent with the best interests of the citizens of the City of Stillwater. I would further assume that unless and until each and every requirement as set forth above has been complied with by the applicant, neither a building permit nor a liquor license will be issued. Upon receipt of answers to the questions raised above, we would be in a position to determine how best to proceed to address the concerns of my client. Thank you for your anticipated cooperation regarding the above. Very truly yours,, Ja s F. L mmers JFL:jo cc. Terry O'Brien DAVID T. MAGNUSON ATTORNEY AT LAW SUITE * 203 THE GRAND GARAGE . 324 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 (612) 439.9464 July 24, 1985 Mr. Doug Swenson Assistant Washington County Attorney Washington County Courthouse Stillwater, MN 55082 In re: Joint Powers Area Dear Doug: I have been asked to give my opinion with regard to the termination date of both the Orderly Annexation Agreement and the Joint Powers Zoning Agreement between the.City of Stillwater the Township of Stillwater and the County of Washington. The Joint Powers Agreement between the County, City and Township for Planning and Land Use Control provides in paragraph 9 as follows: 9. This agreement shall remain in full force and effect for the purposes stated herein for ten years from the date of its final execution unless terminated by mutual consent of all the parties or superceded by subsequent agreement of all the parties. My examination of the records reveals that the last party to sign the agreement was the Washington County Board and their signature was affixed to the document on the 19th of January, 1976. I am, therefore, of the opinion that the Joint Powers Agreement will expire according to its terms on the 19th of January, 1986. Please let me know if you do not agree with this thinking. It does appear, however, that the Orderly Annexation Agreement would expire on November 10, 1985. The language in this Agreement is somewhat different. Paragraph 17 thereof provides as follows: Mr. Doug Swenson Page 2 July 24, 1985 17. That it is agreed and understood by the parties that this Agreement shall terminate after 10 years and be re -negotiated between the parties to better reflect the conditions of that time. Paragraph 18 provides, as amended on the 16th of October, 1975, that the Orderly Annexation Agreement will not take effect until approved by the Minnesota Municipal Commission in the format approved by the City and Township. My records reveal that Municipal Commission approval was given on November 10, 1975. 1 am therefore of the opinion that the Joint Resolution for Orderly Annexation will expire on November 10, 1985. Please call me if you would like to discuss this further. Yours very truly, D id T. Magnuson Stillwater City At o ney DTM/st xc: Nile Kriesel Stillwater City Coordinator Bill Jepsen Township Attorney