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MINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 1985 PAGE 4 Jim Bycowski, 1745 St. Mary's, asked if Council proceeds, closes the hearing, and Hermes and Labalestras do not reach an agreement, would the conditional use be invalid. Mayor Eggert explained that if private agreements cannot be reached and Council is willing, land could be condemned to make the plan work. Randy Gustafson, 1775 St. Mary's, asked if conditions attached to the conditional use will apply to this plan only, and who will monitor the conditions. Mayor Eggert replied that the Clerk Administrator will monitor the conditional use. Mr. Gustafson stated he felt this was a good plan and hoped it would work. Councilmember Ciernia stated he would prefer that St. Mary's be used for access to the south, not just an emergency access. Engineer Schunicht recommended southerly access but that the option be kept open to close the street if problems arise. John Uban felt the cul-de-sac should be in place in the event the street should need to be closed at some future date. Engineer Schunicht stated that the curb at the cul-de-sac should not be installed as that will be used as a drainage route for storm water. He also explained that it is not unusual to see water extending from the gutter to the middle of the street when drainage is designed for a five year storm as is the case on St. Mary's street. Councilmember Chenoweth asked Mr. Labalestra how close they are to giving up on the project and going elsewhere. Mr. Labalestra explained that they are negotiating with Roseville and the site under discussion would cost under $60,000. If the project in Falcon Heights reaches the cost of a new facility, they will have to leave. Mayor Eggert stated that Council hoped to retain a good business in the City, and when possible should encourage good businesses to stay. There being no others wishing to be heard, Mayor Eggert closed the public hearing at 9:02 P.M. Council discussed possible conditions which might be attached to the conditional use if granted as follows: adequate screening/landscaping of cul-de-sac and Croft property, maintenance of adequate emergency access, maintenance and repair of property, development of private covenant, restrict parking to area shown on current plan, acquisition of access to Croft property, acquisition of west side of St. Mary's after vacation, and building seating capacity by limiting it to 275 plus 24 outside seats during the summer. Attorney Van de North did not feel it would be appropriate to limit the size of the building. A lengthy discussion ensued regarding whether or not it was appropriate to include a private covenant between Ted Meyers and the Labalestras in the conditions as Mr. Meyers requested. Mr. Labalestra stated they would be willing to sign the covenant only if everything comes together, but would not commit themselves at this time. Attorney Van de North was of the opinion that private covenants should not be a condition on the conditional use permit, it would be 7~ JIM BYCOWSKI, 1745 ST. MARY'S RANDY GUSTAFSON, 1775 ST. MARY'S HEARING CLOSED DISCUSSION