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keep traffic congestion in mind and ensure the rear of the Home Depot be aesthetically pleasing. Sherrell Michelotti said she agrees that this quadrant of town deserves a gateway and services the center will provided. She noted that the Chamber of Commerce and the Economic Vitality Committee both recommended approval. She urged the Council to approve the project. Mayor Hosterman closed the public hearing. Councilmember Cook-Kallio said there has been discussion relating to the Commerce clause where trucks can use the closest route to get to a commercial site, and asked if this could be pre-empted by a conditional use permit. She also questioned if the citation would be a moving violation. Mr. Iserson said it would not be a moving violation; it would be a violation of the PUD condition which would be enforced through an administrative citation with penalty. Staff feels the condition can be enforced, it may be somewhat problematic and that there will be an educational process. Staff must depend on the property owner’s representatives working to educate truck drivers. It will not be absolutely perfect, but over time it will be largely observed. Staff feels it is a workable condition. She said trucks carry identifiable information and she asked if this would be photo enforced. Mr. Iserson felt it could be, but said staff was envisioning an educational process first. She disclosed that she had met with Pete Knoedler and has since had a phone call conversation with him and has also discussed the project with Nancy Allen. Councilmember McGovern said she thought Home Depot indicated they contract their truck services out to a company and that the company trucks have a name on the door that the city could track. Ms. Metz said this was correct. She also confirmed with Ms. Metz that when the Regency Center has their person monitoring the truck traffic, if there are trucks violating the CUP Home Depot would contact them and ask them to take the appropriate routes and provide route maps to vendors. Ms. Metz said they take this condition seriously. She said there was a condition of monitoring noise on the actual premises of the shopping center and asked how this was to be done. Mr. Knoedler said this would be new to any of the centers. There might be a device they can install on site which can measure noise at certain hours of the day and felt there were ways of doing this. She confirmed with Mr. Knoedler it would be kept to the 60 decibel level which was per City ordinance. She felt the City needs to be a partner in ways to make sure that the dollars it has collected for impact fees go toward helping the infrastructure it currently has in the community as well as helping support the new infrastructure. She knows the City will be resurfacing Valley Avenue and that Regency is supposed to pay the difference of noise attenuating asphalt. She asked why couldn’t the City also look at what other needs are on Valley Avenue from Busch or from Stanley and try to make sure all work is done at one time such as sound wall repair or landscaping improvements. Mr. Iserson said this could be done subject to Council authorization so that it is more than just a resurfacing project. The project will come before the Council much like the Vineyard Avenue project. The Council talked about sound attenuating asphalt and they added aspects into that project which originally were not envisioned. Councilmember McGovern felt this should be done. Councilmember McGovern referred to the El Charro Road and felt it was pivotal in making sure that instead of taking Airway, truck traffic could take El Charro directly. She asked if City Council Minutes 12 May 15, 2007