Minutes - Council - 04/05/2011 - Special

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Councilmember McGlone stated he asked the Manager at Acapulco and they asked when they could go over to the area with a banner. Councilmember Elvig stated he always has to question what profit is and that he would like to see a baseline and projection. Mr. Jansen replied they do have that. Councilmember Elvig asked what our monitoring protocol is. Mr. Goodrich stated TK will prepare that information for the City. Councilmember Elvig suggested maybe spelling it out quarterly per year. Mr. Jansen stated he is open to whatever. Mr. Goodrich offered to put some dates in the agreement for that. Discussion ensued relating to parking and the areas that would work. Mr. Jansen added they will try to assist with parking as well. A representative of TK Enterprises stated their plan was to have signage made that would specify spectator parking, pit parking; etc. Discussion ensued relating to excessive noise and how it will be gauged. City Administrator Ulrich stated that this IUP will be addressed by the Planning Commission. The process will be gone through and the standards will have to be met. City Attorney Goodrich stated that with regard to the potential contamination — subject to the City Engineer — this project can go forward without any problems regarding the contamination. Councilmember Elvig stated that if we have some complaints, we need to be strong — we cannot have two complaints and then shut this down. Mr. Jansen talked about some of the things they will do to help against the noise, etc. Councilmember Jeffrey asked, with regard to the possible contamination, if it is proper to notify the previous owner that they may be on the hook for something. Mr. Goodrich replied they know that as they have signed an indemnification agreement. Motion by Councilmember Jeffrey, seconded by Councilmember Elvig to authorize entering into an agreement with Power by Karl, subject to the City Attorney's approval. Special City Council — April 5, 2011 Page3of7