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. , . . -, which would benefit the overall neighborhood. Planner Bonte said the replacement and construction of a new culvert will require the movement of heavy equipment on - and off the property, but most of the equipment will remain on the site during construction, so disruption to traffic is expected to be minimal. He said the City has construction and noise ordinances that must be observed, and the proposed concrete culvert must allow for adequate flows of water to accommodate a one hundred year storm. Mayor Hartnett said he was uncomfortable telling a church how many services they could have or how many people could attend services, and asked the City Attorney for an opinion based on a legal and Constitutional point of view, on what were the limits of restriction the Council could impose. City Attorney Schricker said, "Your concerns are well founded.... First of all, it would be a limitation on the use of the parking facility not on the hours of worship, although it may seem the same. There is a fine distinction. There has to be a relationship between the public purpose that you would seek to serve by imposing such a condition. What comes to mind is any property devoted to church purposes must be treated equally with respect to all other properties similarly situated. Consequently, one question that comes to mind is whether or not we have any such restrictions on the use of any other church property in the City, and if so in what context. You would have to find, assuming there is no such limitations and I am not aware of any, you would have to find something particularly distinctive about this property and the use of ~ this property that would allow the imposition of such conditions. I would recommend treading very carefully in that area. First of all there has to be a public purpose that is served by it, and that condition would have to serve that public purpose. And it would have to be the least restrictive means by which you could serve that public purpose. If there is an altemative approach which would be less restrictive, you must use that." City Attorney Schricker said he would be happy to address specific conditions. In response to Council questions, Planner Bonte said the current landscaping proposal is generally the same as the first plan, with only slight changes. And as the applicants agreed to last time, they would again have to submit their landscaping plans to the Architectural Advisory Committee and work with the City Arborist. In response to Council questions, City Attorney Schricker said the parcel on which the Kingdom Hall was built was purchased a long time before the adjoining parcel was purchased a few years ago City Attorney Schricker advised he had received a letter from the "counsel for the church which represents that the properties were acquired sequentially, and it also represents that the church was encouraged by the City staff to acquire additional property for parking purposes. Now that is a question which I think certainly, to the extent that this is intended to be represented to you as a matter of fact, should be - responded to by staff to the extent that it can do so. The expectations of the owners of REGULAR COUNCIL MEETING MIWJTE BOOK NO. 55 JUNE2,1997 MINUTES Page No. 369 PAGE 13