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,. SA That there be no access to the site to Karion street. 5. That a sprinkler system be provided for the buil~ings. The design of the S}"steB should be reviewed and approved by the Fire Marshal. 'l'he City Council approved tbe special use permit f.>r tbe cuaended POD on July 25, 1988 with the six conditioras reccmaended by the Planning cOID.ission. 'l11e council did. however, expand condition '3 to read that the draiDage permit, fill permit, and access pendt be approved by "00r. In reviewing the Planning C01I&ission lIinutes.. there was considerable discussion about traffic and existim) problEIIIS on Rice street. Based on neigbborhOlJd coocern, the 8C09S8 to the site frcma Harlon street was probibi tad. The CoDPcil ainutea sboW the a.ction, so it is difficult to recreate tbG discuasic..ns that may have occurred, but by the fact that tbe Council added that a access perlI1it be approved by IINIXJIf indicates that there was probably soae discussion. S. In DecGaber c! 1988, the City Council approved an ~ aodification to the site to allow an additional aC09SS to Minnesota Street. This vas ba,;ed on the state's poelticm that they would not approve the drainage and fill perai1; without an additional access being provided. This.... necessary for Brutqer to meet condition '3 of tIie previous approval that stated that the drainaqe panait, fill permit, and access permit be approved by MlfDOT. In reqards to the other C}\.'t!stions that have been brouqbt up, 1 Dave found: 1. The votes on the Brutger approval and the access aaend1Rent were unanimous by the ~ouncil. 2. 1 did not find any dir.act specific inforaation regarding any statne;'!ts to the effect that if 'the RiC61 street access problem is not solved that the project could not go forward. The condition attached clearly states that the State would bave to sign off on the drainage, qradinq, and access. 8rutqer, by providing the additional access to Minnesota street, apparently was to the point where the State would sign off. 3 . The proposal before the Council is fer aT. amended POD and special use pend t. This action is necessary because the previous approval expired on August: 13. 1985. In a sense, beeauw the original approval expired, all bets are off and the council can relook at the proposal. However, because it is the __ proposal, in .y opinion, it would be 4ifficult to deny approval at this poin~, unless th*re is new info~tion which was not previously available and which wnuld support the denial or additional conditions. TIu.