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CC Minutes 12-13-04 C)Y-3S City Council Meeting - December 13,2004 Kate Aanenson: Correct. Mayor Furlong: So we will open up the podium and invite interested parties to come forward and address the council on this matter. Please state your name and address. Seeing no one, we will close the public hearing and bring it back to council for discussion. Is there any discussion? If there's no discussion, is there a motion? t I' Councilman Peterson: Motion to approve. i k , Mayor Furlong: Thank you. Is there a second? Councilman Ayotte: Second. Mayor Furlong: Now they're jumping in. All those in favor, any discussion on the motion? Councilman Labatt: Give that second to Ayotte since this is his last meeting. Todd Gerhardt: Okay, he's got it. Councilman Peterson moved, Councilman Ayotte seconded that the City Council terminate Conditional Use Permit #87-14 for a 199 foot commercial radio tower and antenna and an 8 foot by 16 foot building on the property described in the attached Termination of Conditional Use Permit. All voted in favor and the motion carried unanimously with a vote of 5 to O. REOUEST FOR AN AMENDMENT TO THE CENTURY PLAZA RETAIL CENTER PUD TO ALLOW ADDITIONAL NEIGHBORHOOD CONVENIENCE USES. NORTHWEST INTERSECTION OF CENTURY BOULEVARD AND WEST 78TH STREET. ARBORETUM EXCHANGE. LLC. Kate Aanenson: Thank you. The subject site is located on Century Boulevard, a commercial center. This is zoned PUD. It is a neighborhood business district. The applicant is requesting to amend that PUD to allow a broader range of uses. This item did appear before the Planning Commission on October 19th. There was some ambiguity in the motion as they presented it. They recommended denial but for, but once you recommend denial then it's a denial so we kind of rephrased the, refrained the motion to support when it appears before you to support what really what the Planning Commission wanted, and that was that they did approve a health club use that met the criteria of 5,000 square feet. And that's really what kind of drive that neighborhood business so you don't have one single user. That they be limited in 5,000 square feet and they'd really be those types of uses that meet the daily needs of the resident. So with that the Planning Commission ultimately did support that but their motion did say denial. So the City Council motion as we framed for the City Council that they approve the PUD amendment only to include physical exercise clubs up to 5,000 square feet. Again the applicant wanted a much broader use of the district, so with that I'd be happy to answer any questions that you'd have. 20 - City Council Meeting - December 13, 2004 Mayor Furlong: Thank you. Questions for staff. Craig. Councilman Peterson: Kate I guess I'd like staff's perspective. I can reasonably understand why we wouldn't want a lawn and garden center, with or without outdoor storage. Off sale liquor would seem like a logical place to put that, so. Kate Aanenson: sure. The City does, the current city ordinance right now allows for four off sale liquors. We have some other pending developments in the core of downtown which we believe will also have some. Again trying to generate that synergy in the downtown area. We believe that kind of keeping that in the core at this point. And that may be something that the council may want to discuss in the future, is broadening that from, to allowing 4 to, which you have the discretion. That's just a number you put in place. There's no legal limits on that but looking at maybe adjusting that, but that was one of the reasons. And also, kind of what's a neighborhood standard. Kind of a quiet time. Fitting in with a neighborhood when you're up against residential. Some of those sort of things. Just so the rationale, and for some of the other uses as you indicated, when you have outdoor storage, sometimes there's display outside that kind of tends to spread and keeping those uses more aesthetically to that neighborhood, so that was some of their rationale. And again I think as stated in the summaries that the district had reasonable uses. That district, that neighborhood district. We have that in several other areas of the community. Neighborhood business. And they seem well leased so. Councilman Peterson: Thank you. Mayor Furlong: Other questions for staff? Councilman Labatt: Just to piggy back on Craig's a little bit. So this is zoned or guided business neighborhood, right? Kate Aanenson: That's correct. Councilman Labatt: And not business highway. Kate Aanenson: That's correct. Councilman Labatt: Business highway ends at Powers. Kate Aanenson: Correct. It's kind of the core of the downtown, yes. Councilman Labatt: Right. But as I look at how our development along Highway 5 is expanded and at 5 and Galpin, 5 and Century, I think that, as our residents are living out there now to the west and now we're going to be expanding down in the 2005 MUSA, do we need to look at having these, call them satellite comer convenience areas? Gas station. Small strip mall. A liquor store, off sale. And Ijust, I think we're missing a boat here. Ship, Bob. Councilman Ayotte: Both will work in that part of the community. 21 City Council Meeting - December 13, 2004 Councilman Labatt: They will? I think that, while Kate you said that you know, it's maybe something we need to look at in the future. Well here we have an applicant here who is going to bring a business into the city and is asking for uses. While they may not work with our current zoning, with the business neighborhood because business highway ends at Powers and we want everything condensed downtown, but yet everybody lives out in the outskirts. t f I Kate Aanenson: That's not what I'm saying. Let me just reframe that real quick. Councilman Labatt: Okay. Kate Aanenson: You know what we decided when we did the Highway 5 corridor study is that we want those larger uses, kind of that gathering place to be in the core of downtown. We certainly recognize there needs to be daily service needs, gas station and the like. Some small convenience. Hair cut. Some small scale restaurants in neighborhoods. Because as you said that's where the population, kind of to get those daily needs met. Convenience. Running for bread and milk at the gas station. That's certainly appropriate. What we don't want to have is strip commercial up and down Highway 5 which dilutes what we're trying to create that synergy in the downtown area, and I think that's a value that Chanhassen's held pretty strongly and has added to the charm that's downtown. And what the staff's concern was that, you know while we're doing it here, for the neighborhood businesses, we need to be really careful because we are going to have other areas as we grow and as you indicated in that 2005, some of the areas on Lyman and 101 had also had similar neighborhood business district if we opened it up. You know are we going to, how does that impact what we've created in the downtown area? Because we want that to be our major gathering place, and yes. There will be some other commercial in other parts of the community, but in a different scale and intensity. So if you look through the uses that are permitted on page 2, again we believe, the staff report the permitted uses that's in the current business, neighborhood business, is pretty broad. Mayor Furlong: Is that this Exhibit A? Kate Aanenson: No. It's right on the page 2 of the... Mayor Furlong: Page 2 of the staff report? Kate Aanenson: Correct. Mayor Furlong: So I mentioned Exhibit A, that was presented by the applicant? The two sided, single space. Kate Aanenson: Correct, that was it. That's correct. Mayor Furlong: And your list which includes what, 14 items. Kate Aanenson: That's correct. 22 City Council Meeting - December 13, 2004 Mayor Furlong: For clarification, the list that the applicant provided, all those but the 5 that they're requesting would fit? Kate Aanenson: Correct. Mayor Furlong: Okay. Any more thoughts or do you want to continue your thoughts? Councilman Labatt: Let me write a couple things down and. Mayor Furlong: Alright. Brian. Councilman Lundquist: Kate, is the staff concern the size of that being 5,000, larger than 5,000 square feet or the uses themselves? Kate Aanenson: I think it's a combination of two, and that's a good question. And right now the neighborhood business does cap some of these at 5,000 square feet. Any single one use. But if you go to, like for radio television studio, that's I mean you think of something like that, that's what Prince has so that's a pretty large use. A single use. And exercise club, they felt it was something like Curves or something, that would probably fit as probably a nice neighborhood type use, so that's why the Planning Commission did support that one. Again, inherent in lawn and gardens is outdoor display and that tends to take up parking and some of those sort of things. Again the liquor store does allow for some, if someone was to have a small restaurant with some alcohol with it does work for that but just on a liquor store. That was one that we hadn't contemplated so that's kind of! guess the list that's in question. So some of it's scale. Some of it's frequency of use and trips and you know, the definition is. . . not compete with the downtown and that it's kind of specific to that neighborhood. Used frequently. Your neighborhood gas station. That sort of thing. Mayor Furlong: We're in questions aren't we? This is a PUD, so the change would be for this particular PUD only? Kate Aanenson: That's correct. Mayor Furlong: But we have other areas that are zoned and PUD's that are. Kate Aanenson: Are coming before you shortly, within the next year, yes. Mayor Furlong: Okay. Okay. So the issues, as I see it here are what fits in the down, what fits in a neighborhood business for convenience for our residents, but that doesn't jeopardize the viability of the downtown. Is where we are. Planning Commission came back with this recommendation for this particular one seemed okay. Staff concur with that? Kate Aanenson: Yeah. That's correct, yep. 23 City Council Meeting - December 13, 2004 Mayor Furlong: Okay. Alright. Any other questions for staff? We haven't heard from the applicant. Is the applicant here tonight? If you'd like to address the council. We do have copies of the minutes from the Planning Commission so. Paul Andrescik: Right. I have a handout here to brief you mayor. Honorable Mayor and Council. I thank you for this opportunity to speak in front of you tonight. My name is Paul Andrescik and I represent Minstar Construction. We are the ones that built the Century Plaza Center located at Highway 5 and Century A venue. I gave you a handout briefly for the public at home and also the public in the audience. If you want to give that... Century Plaza is located, the subject site is Highway 5 and Century Avenue. It's a brand new plaza. Brand new neighborhood. I believe the homes along here are already existing in the medium to high density townhomes to single family homes going in in the northeast comer of that intersection, and also a Lifetime Fitness is going in I believe in this comer here. Your second page in your handout map is kind of the footprint of Century Plaza. Right now we have the Pamedco gas station open. Shell derivative. Here's Century Plaza here. We have a hair studio. Hair cut studio right here. Also the rest is open for leasing. What I put together for your third map is a point of interest reads, we talk about the downtown not competing. If you look at the, where Century Plaza is in the center, the competition for all those other liquor stores in the area, starting from Liquor Store 1 in Shorewood being the closest to that area and the residents in convenience. All the way from 2 that's in Chaska. 3 in Chaska called the Aurora Liquor Store. 4, 5 and 6 are in downtown Chanhassen, and liquor store 7, Tonka Bay Liquors in Tonka Bay. Those are within a 3 mile radius. If you live within a mile and a half of that liquor store, you know looking at convenience and being the traverse to the nearest liquor store is for your convenience, you'd probably go outside of Chanhassen to Chaska and to the Shorewood and Tonka Bay areas as opposed to traveling downtown. I love downtown Chanhassen. I think it's a beautiful center. A beautiful downtown. For convenience standpoint, if I had to choose to drive downtown or some place closer, I'd probably go outside Chanhassen if I lived in that area. The benefits to the Chanhassen, to the city. Of course the tax base for the currently un-used fourth liquor license. Bringing in tax revenue. I believe that was a discussion earlier. Also, as I mentioned before, the convenience for the residents living in a mile and a half radius of Century Plaza. Also it guarantees the viability of success of Century Plaza. I believe the gas station, Pamedco would benefit from the traffic going in and out, and also for future businesses such as meat markets, convenience food stops, coffee shops and restaurants in the area. And also those Chanhassen residents that are loyal to Chanhassen and who desire the convenience and convenience over tops that where they would drive outside that mile and a half radius. I'll put up the center for the residents at home. That's the picture there. It's a very beautiful center, and I think it would add, it's also on the, just off of Highway 5 so it's as Chanhassen grows in population, you're going to see more growth westward. For competition downtown, I guess if I was going to open up a liquor store I would not probably choose to open up a liquor store within a block radius of 3 others, so the viability and success of a new liquor store in your fourth license is also paramount to this project. So any questions at all? w fI ~ Mayor Furlong: Any questions? 24 City Council Meeting - December 13, 2004 Councilman Peterson: As part of your request you were asking for a lawn and garden center. Is that, I mean I look at that and that doesn't seem to fit with what you just offered either, but is that a significant issue in your presentation or not? Paul Andrescik: Ah no it's not. Lawn and garden is not significant. Also the fitness club, probably at this point we do not have anybody on board for a potential fitness center because of Lifetime that's going in across the street. It wouldn't be very successful because of that. Mayor Furlong: Any other questions? Of the applicant. Councilman Ayotte. Councilman Ayotte: Not of Mr. Andrescik but is there a planning commissioner here? Mayor Furlong: I don't think so. Councilman Peterson: We have an opening. Mayor Furlong: Okay. Any other questions for Mr. Andrescik? Councilman Lundquist: Mr. Andrescik, ofthe uses that you're talking about, any ofthose issues with the 5,000 square foot piece that the limitation's put on or? Paul Andrescik: Not at all. We don't plan on having any plans of opening up any type of store that would exceed that. That limitation. So currently we have 3 liquor stores on docket waiting to lease the space. Pending approval tonight. One of 3 is going to get that approval. Not opening up 3 so. Mayor Furlong: Okay. Thank you. Paul Andrescik: Thank you Mayor. Mayor Furlong: Okay, to follow up question. It was mentioned the, and whether you know this or Todd, the tax generated from a liquor store. That's no more than any other commercial dollar in terms of property taxes. There'd be a fee for the liquor license, is that correct? Todd Gerhardt: That's correct. Kate Aanenson: I just wanted to reiterate. The liquor store that's looking is south of Highway 5 which we also voided out so there's an application pending on that. Mayor Furlong: I'm sorry. Kate Aanenson: Way south of 5. In the downtown. Within. I think everything else we have right now is currently north of Highway 5. So if there's someone that's looking, they'd be looking on the south side. 25 City Council Meeting - December 13,2004 Mayor Furlong: As we consider the map and using Mr. Andrescik's map here, where are the other business neighborhood districts? Are there some others along Highway 5? Kate Aanenson: 7 and 41. I: í I; j Mayor Furlong: Okay, which is just to the west of this particular property. Councilman Labatt: And north. ~ t t ( , r Kate Aanenson: Correct. Kate Aanenson: And north. 7 and 41. Mayor Furlong: 7 and 41, excuse me. Okay, thank you. Kate Aanenson: So it'd be up by Shorewood. The next intersection over, you'll have one at 101. There's one at, on AI's property right adjacent to Mission Hills on WI. And then also you'll be seeing the Sands Company that will be coming in for that interchange at 101 and Lyman. They're coming in for concept review. That is a mixed use, neighborhood business in addition to high density residential. That'd be across from the recently reviewed Southwest Metro Transit, that intersection. I know I'm missing a few. ~ Todd Gerhardt: Kwik Trip. Kate Aanenson: Pardon me? R Todd Gerhardt: Kwik Trip? Galpin. Kate Aanenson: Yeah, that's the other one on 5, yeah. Mayor Furlong: Okay. Okay. Good, thank you. I bounced around a little bit. I apologize for any confusion on the order here but if there are any other questions we can continue with comments. On this matter. So let's move to comments by the council at this point. Thoughts, Steve you want to continue or. Councilman Labatt: Well, as I looked at the list on page 2, the 14, it's still very limiting. On what really could go in there. What's feasible for the developer. I guess to make my point short, I'd like to find a way we could put the off sale liquor in place there. I can think about you know, you pull in to get your gas. You can quick walk across, or somebody else can to get, if you put in a meat market or liquor store there. I just look at, you know number 3 here, convenience stores without gas pumps. Well you know, sometimes liquor stores are convenient but, I don't know. Somehow we need to know, collectively we should maybe come up with a way we can look at that and how we can allow an off sale liquor store there. Mayor Furlong: Okay, thank you. Question of clarification. Are we under a clock for this application? 26 - City Council Meeting - December 13, 2004 Kate Aanenson: He granted an extension. Councilman Ayotte: Talk a little bit louder Kate. Kate Aanenson: For the request. To this date it went to the Planning Commission in October. Application was received September 17th. So we're probably pretty close to the 3 months. He did give an extension to this day for additional time so. Todd Gerhardt: So we'd need an additional extension. Kate Aanenson: Correct. Mayor Furlong: Was there a public hearing at the Planning Commission? Kate Aanenson: That was the one in October. It was submitted in September so it was within that first 30 days. And then November would have been 60 days. He asked to be on this meeting. Mayor Furlong: Okay. And I know I looked at those minutes, this was on our agenda I think last meeting or the meeting before and he got pulled off and delayed. Kate Aanenson: Yeah, we forgot his letter requested this meeting. Mayor Furlong: Okay. Refresh my memory. Who came to the public hearing at the Planning Commission? Do you recall? To speak on this. Todd Gerhardt: Was there any public input on this? Mayor Furlong: Was there any specific input? And specifically from downtown businesses. Kate Aanenson: Don't believe so. Councilman Labatt: It's right here. Oh, here's your minutes. Mayor Furlong: Is that the revised ones? Kate Aanenson: Yeah, but I did attach them again because... Councilman Labatt: Paul and Timothy. Mayor Furlong: Okay. Okay. Okay, sorry for the interruption. Other comments? Discussion on this request. Councilman Ayotte: I think it's feasible. I think it needs a little bit more study, and it's a little bit of a disconnect because you're going to have a new council member coming on, but I think 27 City Council Meeting - December 13,2004 ~:.,' ~; t I: i, I, we should defer. I think we should push it out one more time. And with Steve's comments to take a bit harder look at it. I don't have a comfort level with it and understanding all the aspects of it, and I know that's a little bit unfair that this is my last meeting, but for a new council member to come up to speed, it may be for the rest of the council to study it a little bit more closely to see what the options are might not be a bad idea. "' Itf Mayor Furlong: Okay, thank you. Other comments? Councilman Peterson: Mr. Mayor I think that, the thing that really brought it together for me was when I look at the map and saw where the people in that, living in that area would go. They're not going to go downtown by all, unless they have another reason to go downtown which that could very well be the case, but there's also as Aurora's got Rainbow and Shorewood has got Cub, it's a fight. And fortunately or unfortunately, I looked at buying a liquor store a few years ago, and one of the significant factors of why I didn't do it was because the spot that I wanted was too close to another one. That made my decision for me. I hear Kate's perspective on we only have one liquor store license left. I for one am not adverse to appropriately expanding that if geographically it's appropriate, so I'm certainly not adverse to it. I think it's an easy decision, with all due respect to Councilman Ayotte. I think it'd be a good spot for it. And it'd be a nice asset to that neighborhood, and if they're not asking for a garden center or a television studio, it makes it easier for me to say, I'm very comfortable going ahead with off sale liquor in that spot. I r ~ Mayor Furlong: Thank you. Councilman Lundquist, comments. Councilman Lundquist: I would agree with Councilman Peterson. I think the off sale liquor fits in well, especially with some of the other uses that could go in there with the gas station and other convenience type things. Make it kind of a multi-stop center. I think that the appliance thing is already permitted as staff said in their report. Less than 5,000 square feet. Not a big fan of radio and television studio, but a lawn and garden center with no exterior storage and display, you know, isn't a deal breaker either way for me so, but I think it's a good spot, especially for that off sale liquor store to go in that spot and it's convenient for that area. Not that intrusive and fits well into the concept that they've put together. That would be it. Mayor Furlong: Okay. Thank you. I guess question for you Councilman Lundquist. Health and physical exercise. 5,000. Councilman Lundquist: Yeah, not a problem either. With that one. Mayor Furlong: Okay, good. Alright. On the surface these requests seem straight forward and my concern is one of protecting the downtown retail, and that's something that I know this council has tried to do. It was an issue that came up a few times during the campaign, during the election cycle this last whenever it was, protecting the downtown and that's why I asked the questions about who came to the public hearing. Because the challenges of their, you know someone from the Chamber or someone else, looking at the map and a picture's worth a thousand words. That seems to be a pretty good place for an off sale liquor store, and limited to 5,000 square feet. Is that going to significantly create competition for our downtown business or 28 City Council Meeting - December 13, 2004 is it going to pull from Shorewood or Chaska? I don't know where people are going to come to buy but it seems to make some sense there. I just get really hesitant doing that because any change we make here, I can just see someone coming back where it's currently zoned neighborhood business. Whether or not they go through a PUD is going to be looking for fairness here and I guess you know, it's, not that I don't necessarily support these. I'mjust trying to look a little longer term. Are we opening a door here and are we going to allow these other at any neighborhood business up and down and at what point do we start peeling away from the retail center that we have in our downtown area. Balancing that against we're growing and the downtown is a limited area as well so, that's what I'm struggling with. I don't necessarily for this particular issue, maybe it's the first one to the courthouse benefit. I don't necessarily have a problem with it but we're going to have other property owners that are going to be interested in increasing their use, allowed uses as well and that's where I think we should walk and not run to expand these uses. Especially when it was known at the time the property was acquired and built, what the allowable uses were so, you know I can support this but I'm really adding a word of caution with it. Simply because I'm fearful that we might, you know with each individual request that comes in, you can run into problems associated with it and so I guess I'd be interested in some thoughts or comments. Councilman Peterson: That's part of the reason why I am leaning towards liquor store only because we have an extra tool there with the number of licenses that we approve. So that's how I've addressed your issue as noted. Mayor Furlong: Okay, yeah and that was one of the concerns with the health club. Now they said tonight they're not interested but it's anytime we approve something it goes with the property forever. We do have, besides Lifetime going across the street so maybe that particular place is not desirable for a neighborhood business. We have other health clubs in our downtown area right now where they are allowed and so even expanding to that, we end up, we don't have the issue of a liquor license then. From a limitation or an additional control. Councilman Peterson: I think if you asked the 3 other liquor stores that are downtown would they rather have a liquor store downtown or 2-3 miles away, common sense would tell you the answer. Mayor Furlong: They would say, can we get an option without a new liquor store. Councilman Ayotte: If I could give some additional comments if I may. Mayor Furlong: Please. Councilman Ayotte: And that's why I think it ought to be looked at a little bit more because of the argument that Craig brings up. It makes sense, I mean if you look at the spatial relationships for the liquor store, and maybe not for some other applications but that's why I think it makes, you need to look at it a little bit more than, and hone it just a bit more or you could cause a problem. And if it doesn't hurt to wait another couple of weeks to go through it one more time to refine it, to give staff some guidance to go back and consider some of these other options, to clean it up a little bit, I think we'd be further ahead. 29 City Council Meeting - December 13, 2004 I ~ I Mayor Furlong: Okay. Any other thoughts? Somebody like to make a motion? Councilman Lundquist: I would move that the City Council approve PUD amendment 04-35 to include health and physical exercise clubs up to 5,000 feet and off sale liquor stores. Councilman Peterson: Second. Mayor Furlong: Made and seconded. Is there? Councilman Ayotte: Friendly amendment. Can we drop the, is there a way to deal with the health club issue? If that's not going to be a point, a target, correct Mr. Andrescik? Paul Andrescik: That's correct. Councilman Ayotte: And it's not going to be a target, why roll that in, in order to create some focus with Lifetime Fitness and so on? Why bring that up? That's what I'm talking about. I don't understand why we have to do that. Councilman Lundquist: Only reason my thoughts would be, again another use of convenience out in that area and I think the market's going to drive you know, as Councilman Peterson said before, you know I think you'd have to be a little bit goofy to put a 4,000 square foot exercise club next to Lifetime Fitness. Councilman Peterson: Unless it's Curves, you know. Councilman Lundquist: Well we have a Curves already so. Councilman Peterson: They're going up every mile and a half I think in most communities. Councilman Lundquist: But again, it's another possibility of use of convenience in that area. You know, stop by and get your gas, go work out so when you go buy all that beer. Councilman Ayotte: Beer, you can go work out, yeah. Councilman Lundquist: Justify it. Todd Gerhardt: That's convenience. Mayor Furlong: I guess a question. We put a square foot limitation on the health club, as Councilman Lundquist made the motion that was applied to the health club but there was no limitation on the off sale liquor. Do we need to apply that to both Kate or is there, I mean so, is there other, this is a PUD so if it doesn't say someplace else within the PUD it could be a 20,000 square foot liquor store? Kate Aanenson: Yeah, it doesn't say. 30 City Council Meeting - December 13, 2004 Mayor Furlong: With this change. Kate Aanenson: I don't believe it's, no it does say in the PUD no single use can exceed 5,000 square feet. Mayor Furlong: Okay, so. Councilman Lundquist: Is that redundant to have it... Mayor Furlong: Do we need to strike this on the health club? Kate Aanenson: Yeah. It would be redundant. Mayor Furlong: Okay. I'd make a motion to strike the words, up to 5,000 square feet. To amend your motion to strike the words up to 5,000 square feet. Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion on that motion? Councilman Lundquist: On the amendment? Mayor Furlong: On the amendment, thank you. If not, we'll vote on the amendment to strike the words, up to 5,000 square feet in the motion. Mayor Furlong moved, Councilman Peterson seconded to amend the motion to strike the phrase, "up to 5,000 square feet" in the motion. All voted in favor and the motion carried unanimously with a vote of 5 to O. Mayor Furlong: That prevails so now we're dealing with the amended motion. Which reads, health club, health and physical exercise clubs and off sale liquor store. Any other discussion? On this. If not we'll proceed to the vote. Councilman Lundquist moved, Councilman Peterson seconded to approve Planned Unit Development Amendment #04-35 to include health and physical exercise clubs and ofT sale liquor stores. All voted in favor and the motion carried unanimously with a vote of 5 to O. Mayor Furlong: Next item on our agenda. How we doing for time? Take a 5 minute recess? Well, let's just take a 5 minute recess. Okay, we're moving up to 9:00. We've been here for a couple hours. Let's come back quickly. (The City Council took a short recess at this point in the meeting.) REQUEST FOR AN AFTER THE FACT VARIANCE FOR THE INTENSIFICATION OF A LEGAL NON-CONFORMING STRUCTURE BY BillLDING A CANOPY WITH 31