HomeMy WebLinkAbout8A - Gleason's Gymnastic School
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MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MARCH 6, 2000
8A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF REVIEW OF
CONDITIONAL USE PERMIT FOR GLEASON'S
GYMNASTIC SCHOOL ON PROPERTY LOCATED AT
17001 FISH POINT ROAD (Case File 98-163)
History: On January 4, 1999, the City Council adopted
attached Resolution #99-01 approving a conditional use permit
for the operation of a gymnastic school on the property at
17001 Fish Point Road. Approval ofthis permit was subject to
the following conditions:
1. The gymnastic school must be located as shown on the
approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday
through Friday and 7:00 AM to 11 :00 PM on Saturday and
Sunday. The hours of operation may be extended to 2:00
PM to 11 :00 PM for sanctioned school sponsored activities.
These activities are limited to practices only. No meets or
competitions may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These
spaces must be signed for use by the patrons of the school
during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the
noise abatement must be completed before any activity is
allowed between the hours of2:00 PM and 5:00 PM.
6. This CUP is to be reviewed one year from the date of
approval by the City Council. Such review is to include a
detail of activities or problems occurring with the use. The
review may result in additional conditions being placed on
the Conditional Use Permit.
7. The applicant has until one year from the date of adoption
of the resolution by the City Council to record the
resolution or the Conditional Use Permit becomes null and
1626(ffM~f~~K8AlJiJ.\'S~~7'f!9for Lake, Minnesota 55372-1714 ; Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1:\98files\98cup\98-163\ccrev2.doc
void (Section 5-6-8). A certificate of Occupancy will not
be issued until proof of recording of the resolution has been
submitted to the City.
The school began operating in late January of 1999. Noise
abatement measures were completed on the west all, adjacent
to Tomac, Ltd. in unit 103, prior to the operation of the school.
Temporary parking signs were also installed prior to the
opening of the school.
Current Conditions: Condition #6 of Resolution #99-01
requires review of the CUP one year after Council approval.
This review is to include a detail ofthe activities or problems
occurring with the use.
The staff inspected the operation on February 8, 2000, at 3:00
PM. The school appeared to be operating in conformance with
the allowed hours of operation. The temporary signs
designating the parking spaces for this use have been removed
and have not been replaced with permanent signs as required.
During the inspection, staff also questioned the operators of
two of the businesses in the building. The operator of To mac,
Ltd., advised staff that parking can be a problem between 2:30
PM and later during gymnastic season and after 4:30 PM
outside of the gymnastics season.
The staff notified the applicant of the sign violation on
February 9,2000, and requested immediate correction of the
violation. On February 16,2000, we received the attached
letter from Mr. Gleason advising us the permanent signs have
been ordered. This letter also details the activities at the
school.
This item was originally scheduled for review at the February
22, 2000, meeting. At that time, the Council tabled action on
the item to allow Mr. Gleason to satisfy all the conditions.
The Issues: According to Section 1108.219 of the Zoning
Ordinance, a conditional use permit shall remain in effect as
long as the conditions stated in the permit are observed.
Prior to February 22,2000, neither the Planning staffnor the
Police Department had received any calls or complaints about
the use. On February 24, 2000, we received the attached letter
from Lyaman McPherson, Tomac, Ltd, a tenant ofthe building
occupied by Gleason's Gymnastic Studio.
2
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Mr. McPherson's letter points out several areas of concern.
The first relates to the parking requirements. When this
conditional use permit was approved, the staff reviewed the
parking requirements for the uses in the building, and
determined there were enough spaces based on the Zoning
Ordinance requirements. The intent of the signs designating
the parking spaces for the gymnastic school was to ensure these
parking spaces are available for this use. This condition does
not preclude the patrons of the school from parking in other
spaces on the site. One way to alleviate this problem is to
place signs designating parking spaces for the other uses in the
building, noting that violators will be towed. The City,
however, cannot enter private property to enforce these parking
restrictions. The building owner or tenants would have to
contract with a towing company to remove cars parking in
violation of the signs.
The second area of concern is truck loading. According to Mr.
McPherson, the parking lot is not sufficiently wide to allow
traffic to pass while trucks are parked at the loading docks.
Again, the width of the drive aisles is consistent with City
ordinances at the time the building was built. Placing "No
Parking or Stopping" signs along the driveway may eliminate
some of these conflicts.
The CUP also required noise abatement measures. Based on
the discussion at the January 4, 1999, Council meeting (see
attached minutes), the staff recommended these measures on
the wall adjacent to unit 103 (Tomac, Ltd.) only. Since the
pennit was approved, Tomac has moved from Suite 103 to
suite 104. We have learned noise is now a concern in unit 104.
To alleviate this concern, noise mitigation measures must be
installed on the walls adjacent to unit 104. The noise
abatement should be consistent with the work completed
adjacent to unit 103, which includes 1" styrofoam covered with
1/2" sheetrock (see attached letter dated January 22, 1999).
The staff also discussed the need for noise abatement measures
on the walls adjacent to the Star Tribune and Diversified
Snacks spaces. Both of these businesses have indicated noise
is not a problem during normal business hours.
Finally, Mr. McPherson notes Resolution #99-01 calls for
review of this permit one year following adoption. He is
correct in stating this review was not scheduled, an oversight
on the staff s part. W e s~heduled this review for the next
Council meeting as soon as Mr. McPherson brought this
oversight to our attention.
3
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
1:\98files\98cup\98-163 \ccrev2.doc
Conclusion: Resolution #99-01 allows the Council to place
additional conditions on this CUP as a result of this review.
The applicant is required to place the required signs
designating the gymnastic school parking spaces, and to
provide noise mitigation measures on the appropriate walls.
The Council should discuss other conditions they feel may be
necessary.
The staff contacted Mr. Gleason to discuss the timing ofthe
required improvements. Mt. Gleason advised staffthe signs
were ready; however, the building owner, Mr. Dave Hanson,
has expressed some concerns about these signs. The staffhas
been unable to reach Mr. Hanson to discuss the nature ofthese
concerns. Mr. Gleason also expressed concern about the
additional noise abatement measures. We have advised Mr.
Gleason to attend the Council meeting to discuss these
concerns with the City Council.
There is no fiscal impact as a result of this report.
The Council has the following alternatives:
1. Approve the review ofthe CUP subject to the placement of
the required signs and noise abatement measures.
2. Impose additional conditions of approval on the CUP and
direct staff to prepare a new resolution including these
conditions.
3. Provide staff with specific direction.
The staff recommends Alternative #1. Staffbelieves that while
both items may be relatively minor it is important that the
conditional use permit comply with all Council imposed
conditions prior to renewal.
4
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Brisley Architecture Company
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N 0 PRIOR LAKE INDUSTRIAL
o ~ PRIOR LAKE, MN
William D. Urisley. AlA
3220 Irving Avenue Soulh
Mlnneaoplis, Minnesota 55408
voice: 612.824.8730 fax: 612.822.7537
pager: 612.318.1336
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02/16/2000 16:40
456'3178
LARRV GLEASON
PAGE 02
FElbrua,y 16, 2000
Jane Ka~sler
PI.5Inning' Coordinator
P(iOt' La"
16200 e,gle Creek Ave. S.E.
Prior Lalc8, MN.. 55372-1714
Doar Ms.: Kansier:
Hnre is t~e information requested. Ples$e contact me immediately at 651-485-0455 if additional
In10rmation Is needed or roquested.
G'9ason'~ Gymnastics School of Prior Lake has been conducting classes for the past year for
b('Vs and girls between tho ages 3-12 years old. Classes are held Mondey through Friday
evenings between the hours of 5:00 and 9:00 PM and on Saturdays between the hours of 9:00
At' Bnd 3:00 PM. Two to tl"lree classes Bre held at a time with a maximum of eight children per
class.
AI'houghlwe received approval in January 1999 for school sanctioned activities to be held at our
s(:....ool bEltween the hours of 2:00-5:00 PM, the Prior Lake Girl's Gymnastics Team decided to
UEa our Fagan facility in,toad because of size. Consequently, we have not had any activities at
th,'! Prior Lake facility befO"e 5:00 PM except on Saturday..
~ requir~d by the CUp, we have not conducted ~ny meets or competitions at our Prior Lake
facility.
.
VoI:J have 'had some problems with parking signs we have put up being knocked down or taken
de Nn. As of the writing or this lefter I have ordered new permanent metal signs and will install
thorn liS soon as possible.
GI~ason'h Prior Lake Gym;1astlcs School is presently providing classes to many Prior Lake
far,iIIes end our Eagan facility h8S provided the Prior Lake Girl'. Gymnastics Team with a quality
treining s'te during their season. Our plans In the coming year ere to find or build a largar $pace in
Pr;or Leki! in order to continua to grow and to enhance ttu.t service.
,
Thank yOU for your considorations.
zrelY; ~
La~on
GI~ymnaStics School
4
-.
RESOLUTION 99-01
APPROVING AN AMENDMENT TO THE .CONDmONAL USE PERMIT TO CONDUCT A
GYMNASTIC SCHOOL AT 17001 FISH POINT ROAD ON PROPERTY LOCATED IN THE B-P
BUSINESS PARK ZONING DISTRICT FOR GLEASON'S GYMNASTIC SCHOOL
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
KEDROWSKI
SCHENCK
SECOND BY:
the Prior Lake Planning Commission conducted a public hearing on
December 15, 1998 to consider an application from Larry Gleason d.b.a.
Gleason's Gymnastic School for an amendment to the Conditional Use
Permit (CUP) to allow the operation of a gymnastic school in the Business
Park (BP) District; and the City Council heard the case on September 21,
1998; and
the proposed amendment will change the permitted hours of operation to be
extended to 2:00 PM to 11 :00 PM on Mondays through Fridays; and
notice of. the public hearing on said CUP has been duly published in
accordance with the applicable Prior Lake Ordinances; and
the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the amendment to the CUP; and
the City Council considered this amendment on January 4, 1999; and
the Planning Commission and City Council find the CUP of Gleason's
Gymnastics School in harmony with both existing and proposed development
in the area surrounding the project; and
the Planning Commission and City Council find the proposed .CUP is
compatible with the 'stated purposes and intent of the Zoning Ordinance as
they relate to conditionally. permitted uses, and further, that the proposed
. CUP meets the criteria for approval of CUP as contained in Section 7-5 C 1-6
of the Zoning Ordinance and Section 3 of the City Code.
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE:
that it approves the CUP for Gleason's Gymnastic School for property located at:
17001 Fish Point, legally descn'bed as That part of Lot 1, Block 2, WATERFRONT
PASSAGE ADDmON, Scott County, Minnesota descn'bed as follows:
Beginning at the northwest comer of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block
2, a distance of 147.00 feet; thence along a tangential curve concave to the west, having
1:\98fi1.~\28~\98:l63\ts9901cc.d~.. . PjlgC 1
Ib~UlJ t.agle Creek Ave. :'..1:.., Pnor Lake, Mmnesota 55372.1714 / Ph. (612) 447-4230 I J-ax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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a radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc
length of 26.08 feet; thence North 82 degrees 30 niinutes 56 seconds East (not tangent to
said curve) a distance of 195.73 feet; thence SQuth 85 degrees 59 minutes 04 seconds
East a distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 184.60 feet to the intersection with the easterly extension of the north line of
said Lot 2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West
along said easterly extension and the north line of said Lot 2, Block 2, a distance of
410.52 feet to the point of beginning.
Subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2. Hours are limited to 5:00 PM to 11:00 PM on Monday through Friday and 7:00 AM to 11:00 PM ofi---
SatUrday and Sunday. The hours of operation may be extended to 2:00 PM to 11 :00 PM for sanctioned
scho.ol sponsored activities. These activities are limited to practices only. No meets or competitions
may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for use by the patrons
of the school during designated hours.
4. The applicant must provide noise abatement measures.
5. All improvements, including the parking signs and the noise abatement must occur prior to any activity .
is allowed between the hours of2:00 PM and 5:00 PM. .
6. This CUP is to be reviewed one year from the date of approval by the City Council. Such review is t~
include a detail of activities or problems occurring with the use. The review may result in additional
conditions being placed on the Conditional Use Permit.
7. The applicant has until one year from the date of adoption of the resolution by the City Council to record
the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued.until proof of recording of the resolution has been submitted to the City~.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Gleason's
Gymnastic School. The contents of Planning Case File #98-163 are hereby entered into and made a part of the
public record and the record of the decision for this case.
Passed and adopted this 4th day of January, 1999.
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X
X
X
X
X
NO
{Seal}
Mader
Kedrowski
. Petersen
Schenck
Wuellner
1:\98fi1es\98cup\98-163\rs990 1 cc.doc
Page 2
FROM Tomac Limited
FAX NO.
6124405532
Feb. 24 2000 01:45PM Pi
From: Lyaman McPherson
Tomac Limited
17001 Fish Point Rd #1031104
440-5533
To: Prior Lake Planning Commission
24 February. 2000
Per phone conversations with Jane in the planning department on 23 and 24 February and
Mayor Wes Mader on 23 February, this letter is being sent in objection to the continuation of
Conditional Use Permit case #98-163.
When the original Conditional Use Permit was issued, tenants of the building located at
17001 Fish Point Road were not notified of the pending CUP and public hearing. This was
inappropriate as this issue directly impacted those tenants. Furthermore, the planning
(lOm:miSBion failed to f:1irl~. conoider how 0. S)'!!U1a.:ri:io3 :ri;udio in an indu3tJ'io.l cornpJc)I( misht
cause difficulties.
I found the notice of public hearing for resolution 99.01 for the amendment to operating
hours for the gymnastics studio in the paper, but again, was not notified by the city. I held
subsequent conversations with Mayor Wes Mader who was very receptive to the concerns of
myself. and other tenants of the building. Please find attac~ed two, (2), pages signed by the
tenants and submitted to the city in 1998. Concerns of parking, noise, and safety are listed which
the council addressed in the resolution.
Condition 3 in the "conditions" section specifically refers to the signage of parking for
use by gymnastics patrons. This would indicate that these are the parking spaces to be utilized by
gymnastics patrons. However, on several occasions I have cottle to work in the evenings and had
to request that vehicles be moved. Employees of Gleason's have ignored these requests.. The .
previous tenant of suite 104, Barc Industri~ habitually had problems not only with being unable
to park at their office, but with vehicles blocking the bay door when they returned from jobs sites
in the evening to unload roofing materials. I have been informed, through conversations with the
planning department, that the city can not, or will not, enforce this requirement as it is considered
a private matter. This would not have been an issue without the direct intervention of the city.
Condition 4 specifically addresses noise abatement. This has only been accomplished on
the wall directly adjoining suite: #103. Per conversation with Jane on 23 and 24 February, the
planning department irrt.erpreted this to only apply to the wall directly adjoining suite #103 as I
was the only person able to attend the hearings on 15 December 1998. This condition does not
exclude or limit the noise abatement to suite 103 and the letter to the city dated 14 December,
1998 is signed by ALL tenants of the building e"cept the Star Tribune who are normally not
here. It is unacceptable for the planning department to make decisions based solely on who is
physicaUy present at a meeting rather than considering all affected parties, especially when said
parties have communicated their concerns in writing.
Another difficulty with this situation is the loading and unloading of trucks. The parking
lot in not sufficiently wide enough to accommodate trucks at the dock door and allow traffic to
pass. This is understood and tolerated by tenants who are industrial in nature as they have the
same diffic;ulties. Sezni trailer are forced to back into the lot from the street and through the entire
parking lot to load and unload at diversified 8na~ks as well as our dock doors. Additionally, since
our warehouse is split, we need to drive a forklift from bay to bay so we ean conduct business.
This includes any evening and weekend hours we must work. It is unfair to me to be verbally
insulted by an employee of Gleason's when I am attempting to load shipments on to a truck.
.
FROM Tomac Limited
FAX NO.
6124405532
Feb. 24 2000 01:46PM P2
Again, this situation is understood by the other industrial oriented tenants as they endure the
same difficulties.
One final conCern is the fact that this CUP was to be reviewed one year from the date of
approval. This was not, in fact scheduled to occur at all until after 1 contacted Mayor Wes Mader
on February 2nd and inquired about the required review. Acting on his recommendation, T
contacted Don Rye at the planning department and requested information regarding the review
and waS informed that by his recollection, no' review was required, but the matter would be
researched. I received a return call from Don Rye stating the review was being scheduled for
February 2200, eighteen months after the approval of the initial variance and fourteen months
after resolution 99-01. This would seem to indicate that no review was to be conducted which
directly violates the conditions set forth by the city council.
. 1 understand the need for this type of facility in Prior Lake, but an industrial park with
limited parking and vehicular access is not an appropriate location. Perhaps the proprietor of
Gleason's and the school board could work together on a permanent solution.
Lyaman McPherson
T omac Limited
17001 Fish Poi~t Road Suite #103/104
FROM Tomac Limited
FAX NO.
61244135532
Feb. 24 2131313 131:46PM P3
From: Tenants 17001 Fish Point Rd
To: Prior Lake City Cc)uncil
14 December 1998
Subj: Gymnastics Center Hours ofOpcration
The Prior Lake American, 12 December issue, slated Gleason's Gymnastics is
seeking an allowance tor operations from 2:00 p.m. to 5:00 p.m. This is during norma]
working hours tOI' the businesses located at 1700 I Fish Point Road and would interfere
with normal operations.
The amendmeut the city council recently passed on this mutter specifically
rcquires one parking space per 300 square feet of space utilized f()r ,brymnastics, sepan\te
from any other normal use. There are sufficicnt spaces at 17001 to supportlhis. but they
should be marl<ed as such. Spaces directly adjoining the otlices of other tenants should
not be considered for this use. .
Furthermore, thc;rc is inadequate sound insulation to make it practical tC) conduct
normal business during gymnastics hours. Currently, when the gymnastics studio is in
opcration the children can be heard quite easily in adjoining spaces. It would be
unreasonable to expect there to be silence in a gY01nastics studio. just as it is
unreasonable to expcct businesses to conduct telephone conversations with the children
in the background. Additionally, suite '1OJ conducts surface mount board repairs
periodically. This wOl'k is extraordinarily tedious and precise requiring the complcte
attentions ofthe technician. As the gymnastics studio js directly adjoining the work area.
evening work of this nature has been ceased.
It is understood that the landlord ueeded to rent the space the gymnastics studio
occupies, just as the studio needed a space to occupy. However, the area is still ,an
indust,ial complex with customers, vendors. delivery, and shipping trucks. Please.
consider not only the rights of the other tenants, but also the safety oftbe children
attending this studio.
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FROM Tomac Limited
FAX NO.
6124405532
Feb. 24 2000 01:47PM P4 .
From: Tenants 17001 Fish Point Rd
To: Prior Lake City Council
14 December 1998
Subj: Gymnastics Center Hours of Operation
The Prior Lake American, 12 December issue, stated Gleason's Gymnastics is
seeking an allowance for operations from 2;00 p.m. to 5;00 p.m. This is during normal
working hours tor the businesses located at 17001. fish Point Road and would interfere
with normal operations.
The amendment the city council recently passed on this matter specifically
requires one parking space per 300 square feet of space utilized for b"Ynmastics, separate
from any other normal use. There are sufficient spaces at 17001 to support this, but they
should be marked as such. Spaces directly adjoining the oilices of other tenants should
not be considered for this use.
FlUthermore, there is inadequate sound insulation to make it practical to conduct
llonnal busilless during gymnastics hours. Currently, when the gymnastics studio is in
operation the children can be heard quite easily in adjoining spaces. It would be
unreasonable to expect there to be silence in a gymnastics studio, just as it is
unreasonable to expect businesses to conduct telephone conversations with the children
in the background. Additionally, suite 103 cooducts surface mount board r.epairs
periodically. This work is ex.traordinarily tedious and precise requiring the complete
attentions of the technician. As the gymnastics studio is directly adjoining the work area,
evening work of this nature has been ceased.
It is understood that the landlord needed to rent the space the gymna~1ics studio
occupies, just as the studio needed a space to occupy. However, the area i~ still an
industrial complex: with customers, vendors, delivery, and shipping trucks. Please,
consider not only the rights oftheothcr tenants, but also the safety of the children
attending this studio.
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Council Meeting Minutes
January 4, 1999.
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MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE THE ADOPTION OF
ORDINANCE 99-XX ADOPTING 1998 STATE BUILDING CODE AND 1997 UNIFORM BUILDING
CODE AND APPROVING AN AMENDMENT TO TITLE 4, CHAPTER 1 OF THE PRIOR LAKE
CITYCODE TO REPLACE SECTION 4-1-1 AND 4-1-2, CHAPTER 1 OF THE PRIOR LAKE CITY
CODE (EXCEPTING FEE SCHEDULE)
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of 1998 City Manager Performance Evaluation and Salary Review.
[Moved to Executive Session, Item 11 D.]
NEW BUSINESS:
Consider Approval of Resolution 99-XX Approving an Amended Conditional Use Permit for
Gleason's Gymnastic School on Property Located at 17001 Fish Point Road.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE ADOPTION OF
RESOLUTION 99-XX APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR
GLEASON'S GYMNASTIC SCHOOL ON PROPERTY LOCATED AT 17001 FISH POINT ROAD.
LYMAN MCPHERSON (17001 Fish Point (Suite 31): Expressed concern for signage for parking and
additional noise issues. Also requested verification that a permanent Certificate of Occupancy is
issued for his portion of the Hanson building.
BOYLES: Provided further clarification as to hours of operation (2pm-10pm) for school activities
only (excluding meets) and noise issues. Reviewed conditions of the CUP.
KEDROWSKI: Requested clarification as to the Certificate of Occupancy issue.
RYE: Provided clarification that the final agreement was arrived at with the property owner in
December and the Certificate of Occupancy was issued just before Christmas. Staff will double-
check the Certificate of Occupancy for this use..
Upon clarification by Staff, Mr. MCPHERSON stated he was comfortable with issuing the CUP.
CHUCK RUTZ (Petitioner): Asked for direction with how to proceed.
MADER: Based on Council action tonight, the petitioner should implement the conditions as soon
as possible, so that the high school can use the facility.
RUTZ: Asked who regulates the noise abatement requirements?
MADER: Replied a soundproof expert with approval by Don Rye, Planning Director.
RUTZ: Expressed concern that his budget would allow him to make Mr. McPherson happy, but
maybe not a sound expert. This is a neighbor relation issue, not necessarily a Council issue. This
is getting awfully complicated.
RYE: This is the recommendation of the Planning Commission under Conditional Use criteria.
Alternatives would be a policy decision for the Council.
010499.DOC
4
_ ,. 11
Council Meeting Minutes
January 4, 1999
WUELLNER: The noise issue would have been an issue regardless of whether Mr. McPherson
brought it up or not. It is not likely that the Council would consider further revision of the CUP.
SCHENCK: Expressed concern with getting the City involved in noise issues. It seems this is a
landlord/tenant issue. It may open a Pandora's box for the City.
MADER: Clarified that the City's involvement is caused in part because we allowed a Gymnastics
school in an industrial park.
KEDROWSKI: Suggested amending the noise requirement to say "if the neighboring tenants
complain".
PACE: Stated that that standard would be arbitrary. There is a question of enforceability.
MADER: Stated he would be prepared to delete the requirement of approval by a soundproof
professional all together provided that if there is concern by other tenants the Council has the
opportunity to review the CUP at any time.
BOYLES: Clarified that a complaint regarding the CUP would automatically kick in a review
process.
MOTION TO AMEND RESOLUTION 99-XX BY MADER, SECONDED BY WUELLNER
RELATING TO CONDITION #4 TO READ IN ITS ENTIRETY, "THE APPLICANT MUST PROVIDE
NOISE ABA TEMENT MEASURES."
Attorney PACE advised that the language was vague.
MADER: Stated that in the interest of coming to a resolution, he was comfortable leaving the
language as proposed.
VOTE ON THE MOTION TO AMEND AS STATED: Ayes by Mader, Kedrowski, Petersen,
Wuellner and Schenck, the motion carried.
VOTE TO APPROVE RESOLUTION 99-XX APPROVING THE CONDITIONAL USE PERMIT FOR
GLEASON'S GYMNASTIC SCHOOL AS AMENDED: Ayes by Mader, Kedrowski, Petersen,
Wuellner and Schenck, the motion carried.
MADER: Provided clarification that the extended hours do not go into effect until these conditions
are met and approve by Mr. Rye.
With no objections from the Council, MADER moved Item 10C to the next item on the Agenda
because Councilmember PETERSEN was feeling ill.
1 DC Appointments and Bylaws Approval.
ACTING MAYOR - MOTION BY KEDROWSKI, SECOND BY MADER TO APPOINT
COUNCILMEMBER WUELLNER AS ACTING MAYOR FOR 1999
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
010499.DOC
5
City of Prior Lake c/o ofPfanning department.
RE: Gleason Gymnastics building,
Noise abatement & signage
To accomodate the MacPhersons in suite 103 the fonowing was done.
1" styrofoam was put up on wall then covered with 112" sheetrock with an joints taped and plastered as per
reccomendations from the building department.
Signs were put up outside to accomodate for parking.
After installation I spoke with Mr. MacPherson on the matter. He thanked me very kindly for udertaking this issue
and is very pleased witb the out come. He commented that he was even able to resume work he used to do in the
evenings. Suite 103 also has its own signs now to ensure there personal parking spots 24 hours a day.
Work completed 11:45 pm 1/16/99
Submitted by Chuck Rutz 15691 Santee Circle S.E. Prior Lake, Mn 55372 Phone 612-447-2222 on behalf of
Gleason gymnastics.
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FROM Tomac Limited
F~X NO. 6124405532
Mar. 06 2000 04:17PM Pl
From: Lyaman McPherson
Tomac Limited
() March, 2000
To: 'Prior Lake Planning Commission
Subj: Conditional Use Permit leO Gleasons Gymnastics
I recently sent II letter of objection regarding the renewal of this conditional use
permit. Due to recent developments I would like to withdraw my objections to the
approval ofthis permit.
Lyaman McPherson
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