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Baker asked if Kessler had another suggestion where the vehicles could get out. The City has to let them develop their property. Kessler said she had an accident there. Baker said he understood Kessler’s concern, but most of the traffic from the church would be off-peak. Zisla said he understood the concern about lighting. Mattila said New Brighton’s ordinance states that any lighting cannot reflect over the property line of the property on which it is located. It cannot be directed into the backyard of the single family home. Where the City has had problems with lighting in the past, we have contacted the property owners and they have put on blinders to direct the lights. Zisla asked if we can restrict the hours of operation of the church. If the church operates around the clock, it can become an issue. The church lists their hours to two nights per week and Sundays. Zisla asked if amending the special use permit is possible should the church operate twenty-four hours per day. Mattila responded that would be a question for the City Attorney. Anything may be possible if the applicant were to agree. Diem said that requirement would be prejudicial to say that the church can only use its facility at a set time. There may be funerals and weddings. Diem said he would object very strongly to such a requirement. Zisla said the neighbors had a legitimate concern. Schmitz said perhaps a conditional use permit should be attached to the property. If they sold this church to another church, that church might have different needs and different hours. Schmitz said he did not know how to have control over those hours without running into First Amendment issues. Baker said there is a nuisance ordinance in the residential areas. Schiferl asked if excessive noise would be handled under the Nuisance Ordinance. Mattila responded yes. Bates asked if there were someone in the City they could contact about speed limits on Highway 8. Mattila responded Highway 8 is a Ramsey County road and they should contact Dan Soler at Ramsey County. LP-330SP-200, Motion by Zisla, seconded by Schmitz, TO RECOMMEND APPROVAL OF AND SUBJECT TO . 5 Ayes - 0 Nays. Motion Carried. CONDITIONS PL-327 City of New Brighton Mattila reviewed the case report concerning a proposed Simple Plat for the former MacGillis and Gibbs site. Zisla asked about the jog at the north-south line on the west side of the site. Mattila pointed out the Soo Line right-of-way that creates that jog. Schiferl asked if the road extension can be called the County Road E extension though it is not a County Road. Mattila said the plat had to go through approval at Ramsey County and also through the New Brighton City Council. PH. Motion by Baker, seconded by Zisla, 5 Ayes - 0 Nays. Motion Carried. TO CLOSE THE UBLIC EARING LP-237 Motion by Schiferl, seconded by Knuth, . 5 Ayes - 0 Nays. Motion TO RECOMMEND APPROVAL OF Carried. General Business LP-332 Wisconsin Central Railroad I:\COMMISSIONS\PLANNING\MINUTES\1997\10-21-97.WPD 14