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... Minutes of Regular Council Meeting, November 10, 1986 Page 6 Hansen moved, seconded by Hicks, that Council approve Case No. 86-36, Minor Subdivision and Amended Site Plan Review, subject to the following conditions: 1. Planner review of the registered survey and finding it in conformance with the application. 2. Applicant provide a written agreement to remove the parking area improvement which encroaches on the street right-of-way at no cost to the City, if the street is extended at a future time. 3. Applicant provide, in writing, a document which grants the City all . necessary easements for sanitary sewer improvements. 4. A 3 percent Coverage Variance be granted upon receipt of written approval from the Department of Natural Resources. 5. Provision of plantings along the southwest edge of the property as approved by the Planner. 6. Treatment for dustproofing insure that there be no pollution of run-off waters. 7. Materials used for seal coat be approved by the Engineer and Rice Creek Watershed. 8. Applicant coordinate parking lot improvement with Engineer's proposed sewer interceptor improvement plan for that area. 9. Naegele provide all necessary easements to the City for sanitary sewer improvements. In discussion, Reed Johnson expressed opposition to the contingency of obtaining easements from Naegele. Johnson stated he did not feel it would help with the City's negotiations: rather it may negate his dealings with Naegele for purchase of this parcel. Sather stated he understands the intent of the motion; however he feels method of encumbering this applicant is unfair. Hicks disagreed: felt the encumbrance would be on Naegele. Sather moved to amend the motion, seconded by Peck, to strike the contingency regarding Naegele providing all necessary easements to the City for sewer improvements. Amended motion carried. (Sather, Peck 'and Hansen voting in favor; Hicks opposed) (3-1) Original motion as amended carried. (Hansen, Peck and Sather voting in favor: Hicks opposed) (3-1) Construction of Accessory Structure, Cummin~s Lane Planner reviewed the letter from Thomas Horty, 3420 Glenarden Road, regarding the construction of a 40 ft. x 60 ft. garage building on the adjoining property to the south of Horty's residence. Hiller suggested that although the garage construction meets all City Code requirements, staff and neighbors are concerned about future use of the structure. He noted the individual has been advised he cannot operate a business nor store commercial vehicles in this structure. Planner recommends a letter be drafted, officially from the City, explaining to this individual'which uses are permitted and which are not, as well as asking . him what the intended use of the structure will be. , Council concurred that a letter be sent to this individual as recommended by Planner. Ordinance No. 245, Amendin~ Section 3-41(c) of the City Code, Prohibitin~ On Sale Liquor Licenses Within 500 ft. of Any School or Church Hansen moved, seconded by Peck, that Council waive second reading and approve Ordinance No. 245. Amending Section 3-41(c). Motion carried unanimously. (4-0) ------