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J City Council Minutes September 28, 1994 Page 2 ~~~ noted that the planning commission had reviewed the request and recommended approval with the conditions as outlined. Dirk Bordsen, the property owner, and James Bonner, the proprietor of the business, were in attendance. Mayor Baldwin commented that he was not pleased to see that the owner and proprietor had decided to ignore city regulations by opening their store prior to being granted their business license. He noted that the store would be watched carefully in the future and all code violations will be addressed promptly. Motion by Councilmember Jacobs to approve the conditional use permit with the conditions as presented. Motion passed unanimously. DISCUSSION REGARDING AN ORDINANCE RESTRICTING HOURS OF AVAILABILITY OF TENNIS COURTS AT COMMUNITY PARK 1 Parks and Recreation Director Carol Kriegler reviewed the current status of lighting at the Community Park tennis courts. She explained that current code calls for a 10:00 p.m. closing time for all parts of the park except for the tennis courts, which are open 24 hours with a timed light. Kriegler said that she had received complaints regarding late night noise associated with tennis play. In response to these complaints, staff distributed a survey to abutting neighbors of the park in Falcon Heights and Roseville. Survey responses found that five residents had concerns about the noise from the tennis courts. The parks and recreation commission reviewed the issue and by a 4-1 vote recommended that the court lights be turned off at 10:00 p.m. each evening. The council discussed several possible closing times and the merits and practicality of each. It was concluded that an earlier closing time was probably a reasonable request. The council noted that there were other tennis courts available within one mile of Community Park that are not near residential homes. A 10:00 closing time was agreed upon as that is the time that the rest of the park is closed. Motion by Councilmember Gibson Talbot to amend the Chapter 3-4.01 of the city code, establishing a uniform closing time of 10:00 p.m. for all parts of city parks. Motion passed unanimously. REPORT REGARDING IMPROVEMENTS TO THE COMMUNITY PARK PATHWAY AND VITA COURSE EXERCISE STATIONS Parks Director Kriegler and Public Works/Parks Superintendent Klingenberg outlined proposed improvements to the Community Park pathway and exercise equipment. Klingenberg explained that about 1200 linear feet of the pathway at Community Park would be improved. The current pathway is rutted and is in need of rehabilitation. Staff has contacted the City of Roseville and have