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MINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 1985 PAGE 3 shown on the plan. Mr. Meyer explained that he and the Labalestras are planning to negotiate a private covenant which would assure that the balance of the Croft property will not be used for parking, and he would like to see that become a part of the conditional use. Mr. Labalestra stated he had no problem with this if the plan comes together and is functional. Attorney Van de North explained that if this is made a part of the conditional use it might not be enforceable as this Council cannot bind a future Council. Mr. Meyer said he would be very distressed if parking is allowed on the entire Croft property. Gary Kwong, 1700 Fry, asked if additional sewer work is done would it be a part of the conditional use. Mayor Eggert explained the procedures to be followed if the Engineer should determine additional storm drainage is needed, and would not be a part of the conditional use. Fred Kueppers, Jr., Attorney for Mr. and Mrs. Norbert Hermes, stated that he had not seen the present plan until this evening and questioned some of the parking arrangements and the effect on trucks existing from the Hermes Shopping Center. John Uban explained the parking plan and assured there would be ample space for trucks to negotiate the area. Mr. Kueppers affirmed that Mr. and Mrs. Hermes have indicated a willingness to discuss alley sharing with the Labalestras and that a meeting has been scheduled for June 25th. Dennis Smith, 1725 St. Mary's, stated he approved of the general concept, that the primary concern in the neighborhood was removal of the house. He felt the plan has disadvantages but it is a substantial improvement. Steve Reiter, 1746 Fry, stated he did not endorse or like the plan, and that there is no way to place a restaurant of this size on that site, it does not work, and Council should vote "no". He then inquired if there was any plan to vote on the vacation of St. Mary's at this meeting, and Mayor Eggert explained that vacation would require a separate hearing. Mr. Reiter felt that if the conditional use is granted the issue of vacation is rubber stamped, that the issues should be heard together, and asked that the matter of the conditional use be deferred until the vacation hearing. He was disturbed that he had been led to believe that no decision would be made on the vacation, and he had relayed that information to others in his neighborhood. Mayor Eggert explained that vacation was discussed at the beginning of the hearing on May 22nd, and that the items cannot be handled at one hearing, Council must follow the legal requirements. Mr. Reiter then asked if there will be a development agreement with the Lido for tax increment financing, to which Mayor Eggert replied that the Lido has not applied for tax increment financing. ryc i TED MEYER (CONTINUED) GARY KWONG, 1700 FRY FRED KEUPPERS, J~ ATTORNEY FOR AND MR. AND MRS. NORBERT HERMES DENNIS SMITH, 1725 ST. MARY S STEVE REITER, 1746 FRY Attorney Van de North said his legal reaction to the matter was that ATTORNEY Council has to make a decision, they have the facts to make that decision, VAN DE and the conditional use could be granted subject to certain future events NORTH happening such as vacation of St. Mary's and acquisition of westerly portion of the street, and acquisition of appropriate access to the Croft parking lot.