HomeMy WebLinkAbout6.a. Adventure Zone Interim Use Permit Revocation: Finding of Fact � City of Rosemount
Executive Summary for Action
City Council Meetiag Date:
Agenda Item: Adventure Zone Interim Use Ageada Sectioa:
Permit (IUP) Revocation: OLD BUSINESS
Findin s of Fact
Prepared By: Richard Pearson Agenda No:
Assistant Planner l��nf� � �a � �
f 1I1
Attachments: Resolution; Findings of Fact, Approved By:
Written Comments from the
Adventure Zone
Planning staff has assembled findings of fact that would support
the City Council ' s decision to terminate the interim use permit
that was created for the Adventure Zone. The findings were
assembled on the advice of the City Attorney, and the City Council
directed staff accordingly. Mr. Lefevere has reviewed the findings
and has suggested changes where appropriate. If the IUP for the
Adventure Zone is to be terminated, then the attached resolution
with findings in support of conclusions and a decision to terminate
the permit should be adopted.
In response to the City Council ' s willingness to allow the
permittee to provide additional written comment, information
received on Thursday, February 2, 1995, has been attached.
Additionally, the permittee' s correspondence dated September 2,
1994, the cover letter for information previously forwarded to
Council has been provided.
In the event the City Council is inclined to provide opportunity to
allow the permittee to comply with the conditions and ultimately
request renewal of the IUP, staff would recommend that no action to
renew the IUP be taken until full compliance with conditions has
been achieved.
Recommended Action: MOTION to adopt A RESOLUTTON 95-
approving the findings of fact terminating the IUP of the
Adventure Zone.
City Council Action:
02-07-95.003
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA ',
RFSOLITTION 1995- '
A RESOLUTION MAI�NG FINDINGS OF FACT,
CONCLUSIONS AND DECISION IN TI�
TERNIINATION OF TF� I]vT'ERIM USE PERMIT
FOR TI� ADVESITURE ZONE
R��REAS, a public hearing was conducted on January 17, 1995 by the City Council for the
purpose of receiving evidence and testimony relating to the proposed temunation of an
Interim Use Permit (IUP) granted to The Adventure Zone; and
WHEREAS, a termination of the IUP termination proceeding is a result of alleged
noncompliance with conditions required by Resolution 94-43, adopted on April 19, 1994,
approving the NP and setting out conditions of operations; and
WHEREAS, at the public hearing of Januaxy 17, 1995 Wayne Passon and Brett Harvey,
owners of The Adventure Zone were present to offer testimony; and
WfIEREAS, the City Council agreed to receive additional written testimony from owners of
the Adventure Zone prior to a fmal decision upon the termination proceedings; and
WHEREAS, the Assistant City Planner presented testimony and evidence in support of the
City staff's recommenda.tion to terminate the Interim Use Permit on the basis of
noncompliance with the operating conditions.
NOW, THFRF.FORE, on the basis of all records available to the City Council and arguments
and evidence presented at the public hearing proceeding on January 17, 1995, the City
Council of the City of Rosemount hereby makes the following Findings of Fact, Conclusions
and Decision.
FINDINGS OF FACT
L On April 19, 1994, the Ciry Council granted an Interim Use Permit (IUP) to the
Adventure Zone to conditionally operate a commercial outdoor recreational use in the
General Industrial District with direct access to TH 55, an arterial highway.
2. The IUP was to be reviewed for compliance with the 1994 conditions as part of an
ILTP renewal procedure mandated after the first year of operation.
3. The 1994 ILJP conditions specifically required aggregate surfacing for the parking Iot
to control erosion and facilitate parking on uneven ground. This needed 'unprovement
was never accomplished. Additionally, no attempt was made by the permittee to seek
approval to solve erosion problems by any other means. No evidence was presented
by the permittee tending to show any compliance or effort to comply with this
condition.
February 7, 1995 Findings of Fact
Page 2.
4. The 1994 IIJP conditions specifically required 'unprovements to the entry drive
connecting to State highway 55 as indicated by the Minnesota Department of
Transportation in their letter dated July 26, 1993. This needed improvement was
never accomplished. The pemuttee offered no evidence tending to show any
compliance or efforts to comply with this condition.
5. A trailer was located on the site in violation of the Uniform Building Code, and the
City Zoning Ordinance. Correspondence to the permittee dated March 17, 1993 and
August 23, 1994 cite the trai.ler as being prohibited. In addition to the
correspondence, this issue was repeatedly discussed with the review process that
resulted in the IUP from February to April, 1994. The trailer is part of a commercial
use and as such must comply with all applicable Uniform Building Code standards.
6. The trailer rated as a B-2 occupancy is in violation of the following UBC standards:
A.. Accessibility - State Handicap code 1340.0200 requires public areas to be
accessible to the public. A ramp is required for access to the concession
windows per 1340.0300.
B. Plumbing and sanitarion - State Plumbing Code 4715.0200 requirements are
not met.
C. Ramps and guardrails / handrails / stairs either do not exist or do not meet the
construction requirements of UBC chapters 17, 25 and 33.
D. The trailer must have a state seal indicating inspection by the State
Manufactured Structures Division and compliance with State Code Chapter
1368.
No evidence was presented by the permittee tending to show any compliance or
efforts to comply with these requirements of UBC.
7. Site mechanical and electrical work I improvements had never been inspected or
completed with required permits. The permittee presented no evidence relating to this
violation.
8. The permittees took no action to appeal the decision of the City Council irnposing
conditions on the ILTP following the hearing conducted on April 19, 1994. In a
response to correspondence from the city of August 23, 1994, the permittee
complained of the cost of camplying with the ILTP conditions and citing other
situations in the Ciry of Rosemount where similar code violations were alleged by the
permittee. However, other than complaining about the conditions and asserting that
other violations in the City existed which were similar to the alleged violations of the
permittee, no action was taken by the permittee to comply with the conditions of the
ILTP, and no evidence was presented by the permittee tending to prove that they had,
in fact, complied with the condidons of the IUP.
9. The owners of The Adventure Zone did not attempt to provide proof that reasonable
February 7, 1995 Findings of Fact
Page 3.
attempts were made to comply with the conditions of the NP or that noncompliance
of specific conditions is beyond the control of The Adventure Zone. This opportuniry
was provided on three separate occasions including the correspondence dated August
23, 1994.
10. Mr. Wayne Passon of The Adventure Zone was informed by letter dated August 23,
1994, that the City would take steps to revoke the IUP in accordance with above
mentioned fact number 7.
CONCLUSIONS
1. The creation of the IIJP for the Adventure Zone was an attempt to facilitate a
commercial use that had an increasing negative impact on undeveloped industrial land
with some ordinance requirements waived given the transitional nature of the use.
2. The 1994 Interim Use Pernut Conditions for The Adventure Zone specify that
violation of any condition of the NP or otherwise unlawful activity may result in
immediate revocation of the ILTP.
3. Continued operation of The Adventure Zone in violation of the conditions established
for the IUP creates a precedent that will inhibit the City's ability to enforce similar
Zoning Ordinance regulations elsewhere in the General Industrial District. Applicable
standards include driveway and parking surfacing requirements (section 8.1);
temporary buildings (section 4.11); and building materials (section 7.2).
4. Continued operation of The Adventure Zone in violation of the conditions established
for the ILTP is conttary to the purpose of the Zoning Ordinance purpose to protect and
promote public health, safety and general welfare by:
A. Failure to promote the orderly development and compatibility of residential,
commercial, industrial, agricultural, recreational and public uses;
B. Failure to protect natural resources in the City and promote reforestation and
the replacement of other replenishable resources; and,
C. Failure to promote a safe, effective pedestrian and vehicular circulation
system.
D. Failure to conform with the applicable regutations of the General Industrial
District.
February 7, 1995 Findings of Fact
Page 4.
DECISION
The ILTP for The Adventure Zone is hereby terminated by the Rosemount City Council and
it's Staff is so directed to provide official notice to both the property owner and business
opera.tor of this termination decision. The City Council also directs it's administrative Staff
to proceed, upon providing reasonable notice to the property owner and business operator,
with enforcing compliance for IITP termination, discontinuance of all use associated with the
previous permited operations and removal of the trailor and all equipment from the property.
ADOPTED this 7th day of February, 1995.
E. B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor: '
Voted Against:
FEB 02 '95 16�05 HOLMES & GRAVEN P.2
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! � Mr. Richard P�ax�son R��ElV�D
i City af Ros�mount .
2s75-14bth Street Westi S�P 16 1994
� FO Box b1Q
� �osemount MN b5Q6$-0510 GITY ur rt�„��r�vUNT
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� Dear Pearson:
� I aux in receipt of ya�sr Ietter of August 23, 1994 w�uch sddres�es the fact that the Adventure
Zane has fai],ed ta comply�with all of the conditions af�he IITP. I believe Mr. Harvey attempted
to apeak '� you in regards to some of#.he issues that we currentl�have with the conclitipns of
: the permit th�a;t The Adv�nture Zone is beYng required to met, yV'e have determined �hat it is in
#,�e best intere�t of The Adventure Zpne to turn our concerns over to an attorney, If an attorney
representing The Adventure Zox�e has not cor�tacted the ciirsr.afRasemount a� pf this dafi,e i
: wou.ld $nticip�te that they should be ehort,ly, un�ese fi,�hey determine other avenues of resolviug
� �e is$ues that cancern The Adventure Zona. .
,
: . �t �ave enclased a summary copy of notes that have been collected regarding c�ur concerns and
: what has been related to the Mi�nesota Attorney General.'s af�ce and tha attorney for The
. Adventure 2one. We strongly�eel �b.at we hav�been treated unjustly and intend ta puraue the
; matter. .
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Sincerel.y, � � � �
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; Wayne J. Paeson
� 'Vice Pxesident
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� encl.
. c: Mr. Ran Wasmund
. � Mr. Tom Burt
� lUlr. Brett C. Harvey . .
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1826 SSth Street East Office Phone (612) 5�2 -1620
Inver Grove Heights, MN 55077 Field Phone (612) 437 -4464
Dear Mr. Tom Burt:
Per the January 17, 1995 City Council Meeting I am sending the attached letter/statement in
reference to The Adventure Zone's Interim Use Permit.
Thank you for forwarding this information.
Sincerely,
�\� ��
Brett C. Harvey,President
encl. �1''--�
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1826 SSth Street East Office Phone (612) 552 - 1620
Inver Grove Heights, MN 55077 Field Phone (612) 437 - 4464
Dear Rasemount City Council Members:
Thank you for the opportunity to submit a statement in reference to the Adventure Zone's
Interim Use Permit. Being unfamiliar with these types of governmental procesaes we are unsure
of what additional thinga we can say that will influence your decision not to terminate our
permit. I can say that Mr. Pearson seems to imply that we (the Adventure Zone) are unwilling to
comply with any of the conditions of the permit and that we have not even attempted to comply
with any of the conditions, this is untrue. Our intention was to comply within the time allotted,
and are still prepared to comply,but we have questions/concerns that have gone
unanswered/unaddressed.
We did submitted our application for highway 55 access to MNDot in May of 1994. We told Mr.
Pearson about this and that we could not proceed with site improvements until our application
was accepted. I have enclosed a copy of a letter from Mr. Lars Impola of the Highway
Regulations-MNDot that was fazed to us January 23, 1995. The letter is dated June 20, 1994
and shows reference to our pernait being submitted May 24,just ahortly after we received.the
conditions of our permit. Mr. Impola stated in our phone conversation of January 23 that this
letter should have been received by us last June and is resending an"originalA of this letter.
This was the first that we were aware that our application had been accepted. Mr. Pearson had
stated that if we showed a copy of our application to him that it would at least show we were
attempting to comply. Unfortunately, we did not keep a copy of the application prior to sending
it and therefore could not produce a copy of the application to give to Mr. Pearson.
I have also enclosed copies of price quotes for doing the required site improvements that we
received in May of 1994. The purpose for enclosing these is to show that we had, in fact,
gathered information to comply with the conditions as they were given. Also enclosed is a fax
showing we inquired about different trailers for our site. If you ezamine the fax dates it will
show that all of these were from apring of 1994.
Council member Wippermann may also recall when I came to a council meeting this past
summer and wanted to speak in regards to getting these issues resolved (Council member
Wippermann was going to have me added to the agenda}. I was basically told by Mr. Pearson
that that was not the place or time to discuss the issues because the council hadn't received any
information prior to the meeting date and the council had nothing to do with the requirements. I
then tried to discuss the issues with Mr. Pearson to avoid taking up the council's time and was
under the understanding that our concerns would be addressed. I heard nothi.ng more until I
received a letter on August 23 referencing our non-compliance. I then responded with a letter
again requesting our issues be addressed and the packet of information that was sent to Mr.
Pearson, Mr. Wasmund and Mr. Burt in August of 1994 that included the infamous "City Counal
Notes." Those"City Council Notes"were the notes I initially int,ended on using at the city
council meeting that I spoke to Mr. Wippernaann at(I apologize for not having that date
available). As I stated before, we received no response to this letter/packet of information.
Mr. Pearson stated in the meeting of January 17, 1995 that he did not believe we would be '
required to have the roof of our current trailer raised to meet UBC compliance. According to our
conversations with state building inspectors UBC requires 8 foot ceilings with recessedkiiffused
lights. The trailer we have was built to ANSI standards which required only 7 foot ceiling►s and
non-recessed/non-diffused lights were acceptable. The difference in height requirements leads to
the conclusion that we would have to raise the roof of the current trailer. Unfortunately,Paul
Hemkes was not at the January 17, 1995 meeting to address this iasue. If our information ia
incorrect and that all we need to do to be in compliance for Rosemounts'materials'and
aesthetics code is to change to wood sides we could/would comply with this condition within one
month of opening this apring. But no one has addressed(answered) this issue.
Additionally, we wer+e told we would have to get rid of the trailer completely because it doesn't
meet UBC codes. We feel it is unjust to require us to replace our current trailer when we have
been committed, since 1991, to a lease-to-own with our current trailer. It wasn't until 1993 that
the trailer issue was brought up. In fact,in 1991 we were told that was the only type of building
we could have because we were not allowed to have permanent structures. If there is an easy
was to remodel our current trailer to satisfy Paul Hemkes we could comply with this condition.
I also reiterate that we do not have to meet ADA requirementa for handicap accessibility
because we are in compliance with Minnesota State Building Code for the handicapped Chapter
1340 paragraph 200 (1340.0200) subparagraph 2. If Paul Hemkes can explain why we should
have to provide handicap access when Minnesota Statutes state otherwise we would like to hear
the explanation.
Also addressed at the January 17, 1995 meeting was the isaue of what material would be
acceptable of the parking lot. Both Wayne Passon and myself, an separate occasions,called the
city engineers o�ce to inquire as to why crushed limestone was required and requested to use
recycled concrete. We were told by a person there that it had to be crushed limestone because
recycled concrete would require maintenance. Mr. Osmunson was not available either of the
times we called. Af�,er the meeting of January 17, Mr. Bud Osmunson - City Engineer introduced
himself and stated that he would have allow recycled concrete. He also apologized for the
misinformation.
Mr. Otto Ped spoke to us af},er the meeting also. As a current member of the Dakota County
Planning Commission and a former member of the Rosemount Planning Commission he
recommended we contact the Dakota County Soil and Water Conservation District. I spoke to
Mr. Mitchell Johnson, an Urban Conservationist and requested that he inspect our site to
determine what preventative erosion steps we should take because we felt, along with others in
the landscaping industry, that the requirements were extravagant. Mr. Johnson inspected the
site and stated in our phone conversation that, although there was a concern for possible erosion,
that 2"-3" of class five crushed rock is all that would be needed to prevent erosion at our site. fIe
further stated that only three (3)truck loads (forty-five yards)is all that would be necessary and
to place it on the steepest sloping part of the parl�ng lot out to the entrance. Additionally he
stated that 6"is what is necessary for a county roads/highways-which are heavy usage's, not
parl�ng lots such as ours that are considered light usage. In order to do what the planning
commission listed as a requirement it would take 2000 yards of gravel (see enclosed price
quotes), a significantly higher amount than the 90 yards recommended by Mr. Johnson at the
Dakota County Soil and Water Conservation District. I have enclosed Mr. Johnson's letter to The
Adventure Zone that outlines part of our discussion.
I also spoke with Mr. Lauren Howard of Solberg Aggregate Co. He felt that 4" of class five would
work for our site. Mr. Neil grace stated that 3 to 3-1/2"would be an appropriate amount.
Had we been able to discuss this issue with Mr. Osmunson we would have completed this
requirement last year. We could probably complete this requirement by June 10. We don't ttunk
� we can complete this requirement any sooner because of frost line issues and the amount of time
it would take for a company to complete the improvements.
We can not say we have complied with all of the requirementa,because we haven't. But we
believe there is juatification for havi.ng not met them. However, Mr. Pearson is quoted as saying
"They have not really complied with any of the conditions."This is not true. If you ezamine each
of the"conditions"given to The Adventure Zone you will see, to the beat of our knowledge and
understandi.ng, that only five items are not in compliance. Two of the items directly relate to a
permit t�hat comes from MNDot that we just received that was submitted May 24, 1994. Items
#9 and#11 were addreased in the letter sent to the Mr.Pearson, Mr.Wasmund and Mr. Burt in
August that we received no response from. Item#4 is impossible to have met because we didn't
have a response to our permit application from MNDot by the time 60 daya elapsed,nor a
response from Mr. Pearson;Mr. Wasmund or Mr. Burt. �
Condition�kl-not app li� cable;#2-not applicable;�3-in compliance with;�4-site improvements could not
be complied with within the time given because nb response from MNDot had been received in time to
comply,nor had the other issues we questioned been addressed;�5-in compliance with;#6-in compliance
with;#?-application was turned into MNDot(copy of letter enclosed);#8-in compliance with;#9-not in
compliance-see above; �10-application was turned into MNDot(copy of letter enclosed)not in compliance-
see above;�11-not in compliance-see above;#12-in compliance v�n t h;#13-in compliance wi t h.
Council member Busho questioned as to whether the other paintball facility�iad met the
requirements. To begin with I believe their requirements are different from The Adventure
Zone's because of where they are located and the fact that they do not have a trailer lef�on-site,
as we do. Our purpose for having a trailer is to #1: make us�look like a fly-by-night
operation, we want to look like we are a professional business and feel that by tal�ng everything
with us each time a customer would wonder if we will be back the nezt time they want to play.
#2: to service our customers better and#3:provide a safe atmosphere for our customers.
At no time have we violated any health or safety standards. In fact,if you were to consult with
various pai.ntball players and organiza.tions you would find that we have the safest paintball
facility around the metropolitan area. Our first concern is the safety of our patrona, unlike
others in Qur industry.
In conclusion, we feel that there has been a lack of communication with the Planning
Commission and this is the cause of our non-compliance. Some of this is evident by the non-
response to our letter/packet of information sent in August, aur having to call to find out what
the conditions placed upon The Adventure Zon�would be (twenty-one days af�er the permit was
passed), and a lack of proper notification of planning commission meetings. We would like the
opportunity to work through these issues with the appropriate people so that we could come into
compliance. I am unsure as to why there seems to be a communication gap in attempting to go
through Mr. Pearson. Maybe Mr. Pearson is too consumed with other business to have the time
to work through our issues and, therefore,if we could work with the appropriate people directly
we may be able to resolve these issues. We want to be maintain our NP and are (and have been}
willing to work towards compliance but we need some assistance from the council in connecting
us with the people that can resolve the issues.
Thank you for your time and consideration of our request.
Respectfully Submitted,
� �
Brett C. Harvey,President �--�
MAY 10 '94 08�44 CITY OF ROSEMOIAYT . P.4 ,
E7�thiblt A
1994 Ynterim Use Permit Condit�ons
for
'I'he �Adventure Zone
A Commercfi�l Dusdvor Recr+ea�on Use located in �ie GeneraY�i�drCstrial l?rstr�ct
Z'his Ynterim Use Pernut (IUP) is valid only for that pait of the Northwest Quarter of
Secdon 20, Raage 18 West, Township 115 North lyiug nnrth of the right-of-�cvay for
State Trunk Highway 55 and east of l�ine Bend Branch ra,ilroad right-of.wa�r.
1. This permit allows the operatiAn of an imerim use with modif'ications to standards
specified by the Ciry af Roscmount Zoning Rcguia.tions as approved by resolurion
adopted by City Council on Ap=il 19, 1994.
2. This permit shall be revi�wed prior to r�newal in 1995 for conformance with •
these conditions. Thereafter, the City Council will determine the apprapriate
time interval for the subsequent renewal procedure.
3. Violadon af any speaified� condition or otherwisc unlawful activiry ma.y
result in immediate revocatian of the NP.
4. Sit� improvements, as requi�red, must be complctcd and accepted bp the city
engineer within sixty (60) da�s of the tiate of City Council approval,
5. The hours of operation si�aIl be limited to 8:W a.m. to sunset.
S. No parla,�$ is allawed in the lyfinnesota Depaztment of Taransportation (MnDOT)
State Tnmk Tiighway (ST� SS right-of-way.
7. A!1 permits required by other applicable agencies must be obtaine@ and copi.es
submitted co the Gity. This requirement includes MnDOT driveway/access
permit to S'� 55. .
8. Confarmance with setback and dimensional stauudards with wa�7ance to front yard
. setbacks grdnted only for the pwcpose of preserving existing vegetatian.
9. Parldng areas must consist of a m;n;**�um of six (6) imches of compacted, crushexi
limestone or other such material acceptable to the city engineer.
10. 'Y'he entry dri�ve must be thirty-two (32) feet wide, in conformance witlz MnD4T
requirements and a culvert m�st be ins-t�letl, if req�ired by MnD4T, to facilitate
ditch runoff.
11. All structures must confomn with the Uniform Buiiding Cade and Ciry of
Rosemount Zonin�, Ordinanee requirements for materials wd aesth�tics.
12. Conformance with Dakota County �Tealth standar+ds f4r portable sanitary
facil,iti.es. •
13. Conformanee with the City of�Losemount Sign (?rdinance.
; . i
............ ... . .... . . .. ... . ............................................................................ . ........ ... ...... ..
��MNiDOT �W�.�E. � PERMITS TEL :�1-6�12-582-1454 Jan 23 95 16:27 No .006 P .02
�,e�o,� Minnesota Department of Transportation
� Metropolitan Diviston
� waurs�dgc suilding
� 15Q0 Wesc County Roed B2
pf Rosevillc�Minnesota SS�!3
June 20� 1994
Brett Harvey
1'he Adventure Zonc
182b SSth Street East
Inver Grove Heights, MN 55077
In rcply refer ta
PEttMIT NO. MO-E-94-26
Applicant: Tbe Adventure Zone
Located: TI� SS, 1.5 miles east of TH S2
Dear NIr. T�arvey:
The above referenced access pemait far access onta state's right af way is approved based on
your application dated 5-24-94. .
Tbis germit may be obtained at aur office upon cleposit of a certi�cd check, money order or
surety bond in the amount of$SOO.OQ payable lo thc C�mrnissioner of Transportation.
Upon obtaining this permit, yau will be authorized to perform the apptoved consuuction within
the states right of way, subject to the rules and regulations, speci�l provi�ions, specifications.atui
plans contained in the permit. MNIDOT wili fumish and set�t0 feet of IS inch CMp culvcrt.
Call thc uumber listed below at lcast one wcek before culvert is neecled to arrangc for delivery.
Sincerely,
rs Impola
Roadway Regulations
(612} 582-1447
cc: file '
An Equal Uppurtu�riry EmpJoyer
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MAY-31-94 TUE 12 :04 SOLHERG pGGREGATE GO_ 61243T5308 P-01
Solber A re ate Co.
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� 13245 Ct.AYTON AVE.
. ROSEMOUNT� MN 55068 •
(612) 437-6672
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JOB NAME I
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WC AR� ►LEAlt� TO OFF6R YOU MATERIAL6 AND S£RVICES AS SMOWN BELOri, SU9JECT TO TME �NDIGATED TERMS, IF .
TNIS O/riR 1� PIOT AGC¢�TED WIT�MIN THIRTY DAYS. IT THEN MAY BE ACCEPTEO ONLY AT OUR OPT�ON. VOUR ACCHPT-
ANCt W.iLL �6 ACCOMrLI3HEQ SY COMrLCTING AND RETURNING TO US THE ORtGINAk OF THiS RORM.
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���CE ouoTRT�or+ sws�s TOYA1. AMOUNT � � L�,��O OO
OUNIT ►RICEi ❑iQUA1�E YARp CITIME � MATERtAL QLUMr $UM • .
1. TM[ TOTAI, GONTI�ACT AMOUNT ENAIL sE ►AID WITHtN DO D�YS A�7ER OATE OR CONTRACTOR•S INVO�CE. •MY
AMOUNT UNrAlO A/TER TNC 10�OAY ►EA�00 SNALL BEAR INTERE57 CHARGES OFlB'.i.►ER ANNUM UN�TIL PAYMENT I5�
MAD! IH rLLL �Y TMt OWMCA. � .
t. TMIS CONTRACT tNALL ■E COM►LETiD WITN REASONABLE ►RO1.IP7NE35 6Y TNE CONTRACTQR, 8UT TME CON-
TNAGTOII tNALL MOT Dt RC6tONSIrIE FOR OELAYS OR FAILURE iN COMP6ET10N GAUSEO �BY WEATHER UN-
�AVORAOLIE TO GARRYINa OCfT TMt WOI�K INVOLVEO, FlR�, E%PLOSION. /AILURE OP' EOUIPMENT, STRIKES,
DIRRtR[NCEf WITM WORKM<N� GOM►LIANGE WlTH OROERS OF� A GOVCRNM6MTAL AGENCY, IN7ERRUrT10N IN �
� p�L[V�1lY OR MATCIf1ALs, OR FROM ANY CAUSE BEYCND MIH REASONABLE CONTROL. � .
�. TN[ CONTRACT rRtC[ DOli NOT tNGLUD! ANY TA%E3 EXGEPT AS ETATED. ANO ANr TAX IAtPOSEO •Y GOVERN-
MrtiTXt AU?HORITI/ WN�CM AFf�CT�tM� CONTRACT PRIC� 9HAt,l B,E IN ADOlTION TMERETO. ,
1. TNi{ GONTRACT CONTAINS TM� iNTlll! AGRCEMCNT YGTWC6N THE •ARTIEi. THERE ApE MO ORAI •RQM/SC3, �
AORC[lACNTt OR IYARIRANTI[! AIFECTINO IT. ANY AITERATION 4R OEYIATIpN FROM TKE Ae�OVE QU�ANTITIES ANO
t!'[CIFIGATIONf O1� OTM<R GMANOt IN TH[ GON7f�ACT MUST BE �N WRITIN6 ANO EXGCUjED BY AUTHORIZEO RE��
RliENTATIVt� OR TN[ ►ARTIts. � � �
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T{TlR ' TITLE
G01 U572 ,
MAY 12 ' 94 13: 37 FROM GE CAPITAL MOD SPACE PA�E . 001
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�E Ca ital Mo d ul a r S a c e
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• fornrerly Gelco Space
Dm Yau Kxow T�WE Gu�P�ovroE ManY 1lILU�'A�DDBD�ODUCrS 1�YD SBRYYICBS'INQUDIlIG:
• Q�c�R�a�noK�a Cuss�oor�Fu��ux�• Raroexnu u�o Do�rt�n�r Fu�n�uNa• Sr�s„ R�rs u�n DEacs
- loc�s„SHaYa„u�o Sro�Eau���• EXiEAD�SERYI�E PWiS ON PURalllS�UN(TS
• Co�1PRFHE1iSIYE DAMAGE W�uYBt AMD LA6�tmt WNYEIt• 5(iF Sorn�
��I�:[��. �SI�SSION �
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' �.QfATfOM:_MIl+�IPOS.IS _#4�2
• IwO�__ (512) _331_5161 -------------
�A�I KII�YqC__�6327--331-4509
� Nu�Q o�P�sl�auanc Covat 5�+�: --�� ------ . �
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MAY 1z ' 94 13: 38 FROM GE CAPI7AL MOD SPACE PAGE . 002
. 402
� REQUEST FOR QUOTATIQN eflaKc�Na
r,E CAPITAL M00lMR SPACE QUOTAiIOPI IF �t 1 v p� �
BRANCH OfFiCE
].350 i�W BRIC�iTON AI.VD.
C r s Mtl�'.APOLIS. l�t 55413
s WAYt� H 612 331-5151
0 ApVEMl,UFiE ZC)l� P
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TERMS SHIP VIA PURCHASE OROEA N0.
5 12-94 DATE REt�U�RED
QU6TAT130G�Y R DAYS F.O.B.
�� � � - � -
.
- oescate�nor�
� 12, X 60 M�SILE OFF'ICE • �
(Hox sTZE�
' 07HER APPUCARIE CHAR�ES
7.950.Q0 pg,n�y $180.00 FueNm►REPaCiWGE � ��
SALE PBICE S y� 2$.00/NX�i�
350.00 m� �j�p $150.OU
LEASERA'fE 1•—�--MONTHS/:S —�----'�— P�' SbRTINti N/A
1�._RAOIYTI{SIS 325'�fl pef^10"�ry 7El�DOwl�1 $113.�0
• . er mue,1[� RENEiN N/A F4tUN►'EKTflANCE N/A
�,,,�..—�MONTHSJS P
TIE DOYYNS .�.rQ— @ 3 • EA OiHER TAXES
IEASE QpiION PRICE t COW $42..OQ/MON'II� �
522.95 .. 272.50
�NANCF�aSE w+�S 12 N�s 24 M�5 .
. HNnncE� �
L,987.Q0 . .
ppWN PAYIWENT i • .
ADO(T10lN��N�ORMA710N: '
. l .
reemern.GE Ca ital Modul�Space does not wsrtsot that�fis ur►it mavt
..Quofe is based�on Custnmer signirrg a standard G�Capitai Moduta�Spaca Lease AgW �m��e�msnufacturing.Used equipment is sold�on an�asi �
, arry•local or stsie'code nbt specificalfy listed..All new equipmetR cm'es a one-y8sr artsntY �snd�ccessible site.Prices exclude arry an
'pasis.Customer'is rsspo�ible for.a11�perrnits,iees,fiCenses.uti('fit connections�nd preparA�on of a levei,�ompa
aii taxes.tic:enses and permifs . . .
A RF(`aniral Mnfi[dAr Sn�eCe COtl10at1V • r^��cTnuco PI1Pv
cs�toA t�v.�4+e
FEB-21-1994 18�13 FROM SATELLITE Si-ELTERS TO 5521634 P.01
��e����� 20050 75TH AVENUE NORYH, HAl11EL. MN 5534Q-9459
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cs�z��o-zoo� • soo-�s-s� • �ax t6�a� a�azoaa
SA'I�LClTE SH�tTER9.�NG
February 21, 1994
Mr. Bre�t Fiarv�,y
Adventure Zone
182�6 55�th� St E
Inver &rore Heights, MN 55c177
Dear Brett: �
Per our conversation of last week, I am faxing to you a floorplan and specifica-
tior�s pn a �1BC constructed 12'xa6.' mobite offi�e.
The genera] specifications and purchase price are listed below. Please keep in
mind that when purc�asing, we can bui�d to yanr exact specificatians. If there
are �y changes that yeu would iike to make, pTease let ma know and I will
ad�ust �y price accardingly.
ITEM: 1250M0
(-) I2'x56` box size, UBC ccnstructed with a Minnesota State Seal, 10"
. Junior I-b�am, demountable hitch
(-) �laars- 2"x6" joist�, l�" on center, R-19 in��ll�ti�n, 1/$" vinyl
ti�le floar, single �/8" subfloor
(-1 WaTls- Z"x4"x8' studs, 5f32" wood pan�iled walls, R-lI insulation,
.0�9'alumir►um siding
(-) Roof/Ceilinq: Bow truss roof, pound live laad, R,19 insulatian,
. 3/8" prefinis�ed gypsum, 30 gaug� ga�vanized ste�l roaf
(2) 36"x80" fiberglass door rrith 10"x10" ,afety g)ass wirtdaw
(7) 46"x27" horizontal slider windows with iasecx screens
(-) 120/24D vfllt single phase s�rvice, 16 circuit, 10� amp main breaker
(1Q) 4' twirt lu�� surface mounted fluore�cent strip lights
' (-? Ceiling duc#ed heating/coo7ing system, {1) 15kw electric heat strip,
(1) 36,000 BTU sittgle phase waT1 mounted air conditiorter, return a�r .
throuqh und�rcu� in ittterior d�ers to return air grille at front of
the HYAC anit
Purchase Price...................................513,995.�0 plus tax
rreight ta Mtnneapolis...........................$ 1,120.Ofl plus tax
Option: _
(-) Handicap equipped restroom..................; I,ZOO.00
As previously discuss�d, SatelTite is able to bid this as a turnkey project.
BefpC'e priCing couiQ be es'taDlistted Ne wouTd need tv know the logistics of what
will be required in terms of foundatiorrs, what steps and ramps would consist of,
etG.
Satellite appreciat�s your business and looks forward to working with you on
this profect. After y0u ft�ve hdd a chanCe to review this information, I wi17
�ali to s�e haw you would ltke to proceed.
Siacere�Y,
t� ������ ..
`��o�. t1� � .
Darla K. Westber i/`'�
9
;
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R ��Q' IOf.�L fOR CONSTRUCTlON 5/T��tARGE
PHILI.IP LAROCHE l V� Vv ci,�rHER�Ncs.aa�ou�rion+s,rr�
�PORTABLE F41LfT RENTALS�
J nuary 25, 1995
T e Adventure Zone �
A tn: 9rett H�rvsy
R : PORTABLE TOILET REN7AL
o �r �ret�,
!n response to your phone call yeatarday regarding
rtabie tail�t rental . Wm a►re in complats concorda�ce with
� e Minnesota Pallution Control A�ency 9uidelinas and follow
�p rtable toilot indust�y standards. Monthly rentat units
e serviced weekly. We tho�oughly pump, �scrub, and
s nitize the unit� restock with toilet pdper, scent disks,
u inal blocks and, of course, dispoae of thv waate prop�rly.
W ar� approved by �he Metrapolitan Wast• Commissiart and
so the f�aribault Sew�ge 7re8tment Plant.
If you need any further inform�►tion, please contact me
a 50T - 334 - TT45. We have appr�rciata you as customers .
; � d took forward to workin9 with you in 1995. Thwnk you.
�incerely,
� -
Kathy LaRoche �
�.aRoche's Portable Toilet Rentals
FARIBAULT,MN ROCHESTEA,MN EAQANl3T.P/iU� MANKATO,MN
55021 (S07)280-9232 (612)452•7804 560�2-00�32
1105 EAST�60TH ST. BdX 3?.
(5�7)3:iM7745 (5�7j 388-5085
Z0'd =QI 9E:9L ^-�6-SZ-iO
DAKOTA COUNTY SOIL AND WATER
CONSERV�iTI�N DISTRICT
Farmington Professional Bui(ding
821 Third Street
Sutte 100
Farmington, MN 55024
Phone: (612j 460-8004
FAX: (612) 460-8401
January 25, i995 �
Brett Harvey
1826 55th St. E.
Inver Grove Heights, MN 55p77
Re: Si�e I�pectioa &�rt �'or The AQventttre Zono, 1+11P 1/4, 5.21, T.115N.,
&.SB�P.
Deax Bret�:
On January 24, 1995, our staff conducted an on-site inspection of the
parking area at the site no�ed above, After inspecting the site, the
Dakota County Soil & Water Conser�r�tion bistrzct �District) has de�erznined
that the instaliatian and/or maintenance of an impraved surface in the
parking area would curtail the erosion potential on this site.
The slope of the parking lot is roughZy 8� and, as such, is highly erodible
without any r.atural vegetatioa or cover of ariy kind. The District
recommeads that the parking area and the entrance drive be surfaced with a
su�table crushed rock materiai {class 5 or equivalent) . Once properZy
compacted, this wiZl provide an improved surface fvr park�ng, walking, etc.
Failure Co control erosian and contain sediment on construction sites Can
cause sediment los�es of up ta 750 tons per acre. Zn a shert period of
Cime, a poor�,y maintained construction site Can contribute rnare sediment to�
surface waters than was previously deposited in several decades.
InstalZation and proper maintenance pf erosion control practices is
��ential ta minim�.zing water pol.lution �rom exposed soils.
If you should have any questzons, call Bud Osmunson at thE Cz�y of
Rosemount (322-2025j or myself at 46Q-80p4,
Sincere2y,
Mitchell L. Johnson
Urban ConservafiioniBt
Cc Bud Osmunson, City 8nginear
�
.
*95ROS001
AN EQU,+1�OPPORTUNITY EMPLOYER �
TOTAL P.02
!
Adventure Zone Project
Existing Code Violations
February 7, 1995
1. The Structure - State Code Chapter 1360
a. No pernut was applied for nor issued to locate the pre-manufactured structure in
Rosemount. (City Code Chapter 9)
b. A cex-tificate of compliance was never submitted to show eode compliance as a
"B-2° occupancy. (1360.1200 &.1360.2400)
c The structure does not comply with local zoning regulations (I360.1100)
d. Prefab unit must be set on a permanent foundation capable of supporting the
unit design load and wind loading. (1360.1200 &1360.1100) -
e. No inspections were ever done nor scheduled to verify code compliance
(1360.I000)
2. Stnxcture Components Violations -
Because the structure must be designed and installed according to all requirements for a
"B-2" occupancy. The following items are required in a "B-2"and are not provided for or
not properly provided for at the Adventure Zone Site.
a. A "B-2" occupancy with an occupant load of 10 ar less requires: -=
: . _ (1,) potable water supply . . _ ..- . -__._
(2.) interior restroom facility including a water closet and a lav _ -
(3.) mechanical vent in restroom
(4.) light and ventilation per UBC 605
___
- (5.) address numbers for premise identification -
(6.) access (stairs) constructed per UBC Chapter 33 with the proper rise/run,
landing, width, handrail, guardrail and construction __.'
.
(7.) stairs/landings to vending windows must be installed per code (UBC 33)
(8.) emergency exit illumination in accordance with UBC 3313
(9.) a fire extinguisher
3. Site Requirement Violations
a. If parlcing lot is provided with designated spaces, 1 must be designated as a
handicap parldng space with a proper sign. (1340.0300)
b. If bathroom is provided per code, a sewage treatment disposal system is required
per State PCA rules 7080.
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