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City Council Regular Meeting Minutes 4 November 27,2001 Page 4 • 1 The Council decided that they would like to take the route of conditional use permit, 2 while still helping to move the process along for Mr. Solie and Mr. Levitus. 3 Motion by Councilmember Sparks to amend code 1640.03 to add as a conditional 4 permitted use the manufacturing of scented wax candles. 5 Motion carried unanimously. 6 2. Resolution 01-090, re: Approve conditional use permit request from Michele Rae 7 for 2500 Highway 88. 8 Planning Commission Chair Melsha reviewed the details of Resolution 01-090 with the 9 Council, and mentioned that Michele Rae was present to answer any questions regarding 10 her request. 11 Michele Rae came forward to review Curves for Women, and the type of workout that it 12 provides women. 13 Councilmember Horst confirmed that the establishment is for women only. He also 14 confirmed that there is no plan for a locker room facility in the establishment. 15 Motion by Councilmember Sparks to approve Resolution 01-090,re: Approve ordinance 16 request from Michele Rae for 2500 Highway 88, under the findings of the Planning ® 17 Commission. , 18 Motion carried unanimously. 19 3. Resolution 01-091,re: Approve conditional use permit request from Village 20 Blend for 2900 Pentagon Drive. 21 Planning Commission Chair Melsha reviewed the details of Resolution 01-091 with the 22 Council,and mentioned that Mr. and Mrs. Pavelka and Tom Brever were present to 23 answer any questions regarding their request. 24 Brever,attorney to the Pavelka's and proposed investor of the Village Blend Cafd, came 25 forward to address the Council. He stated that the issue as to whether, or not this 26 constitutes a restaurant comes up under the conditional use permit. 27 Brever reviewed the definition of restaurant under two different statutes. He stated that 28 the statutes have recently been construed under a recent court decision. He added that he 29 feels that the Village Blends Cafd does constitute a restaurant under Minnesota statute. 30 Councilmember Horst asked if they have thought about the restaurant element of the 31 proposed Cafd growing. Brever indicated that they plan to take small steps toward a 32 fuller-service kitchen. 33 Motion by Councilmember Thuesen to approve Resolution 01-091, re: Approve 34 conditional use permit request from Village Blend for 2900 Pentagon Drive under the 35 findings of the Planning Commission.