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I I I Council Meeting Minutes September 22, 1987 is more or less locked into the site for several years to allow the landlord to recover his improvement costs; maybe would like park land; and it would take five months minimum to construct a multi-purpose building. Martin stated Winfield is not willing to go ahead with a one-year waiver of the safety requirements. Williams stated this is a truly unfortunate situation; wants school to continue; has heard many positive comments; will vote against a special use permit as it would cause a school to con- tinue in that unsuitable location; MIS should not have been there that long; and encouraged staff and councilmembers to work with the school to find a suitable alternate plan. Motion by Blomquist, seconded by Brandt, to DIRECT STAFF TO PRE- PARE A RESOLUTION RECOMMENDING APPROVAL OF SP-145 WITH CONDITIONS FOR APPROVAL TO INCLUDE SUCH ITEMS AS BRINGING THE NEW BRIGHTON BUSINESS CENTER UP TO CODE FOR AN ELEMENTARY SCHOOL, TO INCLUDE INSPECTIONS FOR SAFETY ON THE PREMISES, AND OTHER ITEMS AS ADDRES- SED BY THE COUNCIL, AUDIENCE, AND PLANNING COMMISSION. Benke indicated he shared Williams's sentiments and personally does not agree with the Findings of Fact for the proposed resolu- tion denying SP-145 which speak to safety (power line, pipeline); reinforces his feeling the site is not unsafe; nevertheless, he does not feel it is an appropriate site for a school; to approve the special use permit condones the continuing operation and eli- minates the incentive for the school to find a preferable site. Gunderman believes it is the parent's choice where they send their children if it comes up to code; and would be in favor of the mo- tion. 3 Ayes - 2 Nayes (Benke, Williams), Motion Carried Mattila advised council the resolution to approve a special use permit at the next council meeting will require a four-fifths vote. Mattila briefly reviewed a request for an addition on the Eagles Club.In response to Benke's question, Wayne Brunn, Brunn Construc- tion, explained in 1981, when the Eagles building was constructed, the Rice Creek Watershed District was enforcing rain run-off which included all commercial building sites; since then they have waived that to sites of two acres or more and the Eagles site is approximately 3/4 acre so no pond is required. Motion by Gunderman, seconded by Williams, to APPROVE LP-217 SUB- JECT TO THE FOLLOWING CONDITIONS: 1. PROVISION OF A DUMPSTER ENCLOSURE; AND 2. PROVISION OF A PERFORMANCE BOND EQUAL TO 100 PERCENT OF THE ESTIMATED COST TO RELOCATE OR REPLACE THE EXISTING LANDSCAP- ING. Page 10 LP-2l7 Eagles Club Report 87-238