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September 12, 1977 Page 13 <br />Councilmember Hodges stated that he felt concrete curbing would be much better for <br />holding up even though it did cost more. <br />Mr. Hartinger asked if it would be possible to have a combination of concrete and <br />bitumuous. Councilmember Hodges replied that if the area was going to be plowed, <br />it should be all concrete. <br />Councilmember Rowley stated that she felt concrete curbing should be required, as <br />bitumuous would have to be repaired yearly. <br />Councilmember Ziebarth stated that he also agreed that concrete curbing would be <br />best. <br />Mayor Pickar stated that he also felt concrete curbing would be the best curbing. <br />MSP (Pickar - Ziebarth) to release $2,500 of the deposit from the Launching Pad, <br />leaving a balance of $4,500, with the thought being that even with the $355 in <br />administrative costs, there would still be ample funds to cover remaining <br />repairs. <br />4 ayes <br />JAMES REFRIGERATION - REQUEST FOR RECONSIDERATION OF PROPOSAL <br />Mayor Pickar reported that James Refrigeration has submitted revised plans for the <br />Burger Tower development and that the new plans eliminate the drive -in window <br />facility, increase the green space buffer zone on the north lot line from 40 to <br />83.6 feet, and reduce parking spaces from 64 to 63. Disposable dishware and uten- <br />sils would still be employed. The Staff has interpreted this to mean the proposal <br />is still for a convenience food restaurant which requires a conditional use permit. <br />The applicant has requested Council waive the six month waiting period provided <br />in Chapter 40.23, Subd. C (2), Reconsideration, so that his revised plan can be <br />reconsidered. <br />Tom Legierski introduced himself as the controller for James Refrigeration and <br />stated that he felt the revised plan allowed for a new presentation before the <br />Council. Attorney Meyers replied that the ordinance reads quite plainly that the <br />six month waiver cannot be waived. <br />Mr. Legierski stated that the plan had been changed considerably. Attorney Meyers <br />replied that the Council must decide if the new plan still requires a conditional <br />use permit. He also pointed out that disposable dishware and utensils are still <br />being planned, but if that were changed, a conditional use permit would not be <br />required. <br />Mayor Pickar stated that the restaurant still falls into the convenience food cate- <br />gory by using disposable dishware and utensils and thus could not be reviewed for <br />another six months. <br />Councilmember Rowley pointed out to Mr. Legierski that when he comes in again for <br />Council approve, the same questions will still be raised, such as traffic and noise <br />and odors and so forth. <br />Councilmember Ziebarth pointed out that one other thing that should be considered <br />is the zoning which the land now has is in conflict with the Comprehensive Plan <br />and that he would be more comfortable with what the Comprehensive Plan calls for. <br />