11-25-1985CITY OF RICHFIELD, MINNESOTA
REGULAR COUNCIL MEETING
NOVEMBER 25, 1985
MEMBERS PRESENT: John Hamilton, Mayor; Howard Bunce; Ivan
Ludeman; Donald Priebe; and, Michael
Sandahl.
STAFF PRESENT: John Cartwright, City Manager; Clayton
LeFevere, City Attorney; Steven Devich,
Administrative Services Director; Thomas
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Dennis
Kraft, Community Development Director;
and, Thomas Morgan, Public Safety
Director.
The meeting was called to order by Mayor Hamilton at 7:00 p.m.
PLEDGE OF ALLEGIANCE
PROVAL OF INUT S
M/Ludeman, S/Bunce to a rove the minutes of the S eci
Council Meeting of November 1985•
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS TH CITY COUNCIL
Paul Knutson, Minneapolis, requested that council reconsider
their prior decision to deny a special use permit to his
restaurant at 7724 Morgan Avenue for a beer and wine license.
City Manager Cartwright stated this item would be put on the
December 9,.1985 agenda.
Item #2 PRESENTATION OF A CERTIFICATE OF APPRECIATION TO ROD
LIDENBERG, MANAGER OF RICH ACRES GOLF COURSE, FOR BEING
SELECTED AS MINNESOTA PGA 1985 PROFESSIONAL OF THE.
YEAR. C.L. 441
~~~
Mayor Hamilton read and presented a certificate of
appreciation .to Rod Lidenberg, manager of Rich Acres Golf
Course ,.: .f or being selected as Minnesota PGA 1985 Professional of
the year.
Council Meeting Minutes
-2- November 25, 1985
Item #3 R S TA IO OF RO LA TIO E IG T N D EMBER ,
1985, AS HUMAN RIGHTS DAY AND READING OF ESSAYS WRITTEN
BY JUNIOR HIGH SCHOOL STUDENTS ABOUT "WHAT HUMAN RIGHTS
MEANS TO ME". C.L. 442
Mayor Hamilton read and presented a proclamation designating
December 4, 1985, as Human Rights Day to Tollie Flippin, Chair
of the Human Rights Commission.
Junior high students Kris Bros,-Nancy Burtis, and Becky
Pearson each read essays entitled "What Human Rights Means to
Me".
Item #4 PRES N ATI N 0 A D A ION T -THE RI H IELD P BL
SAFETY DEPARTMENT FROM THE SOUTH SUBURBAN EXCHANGE CLUB
IN SUPPORT OF THE JUNIOR POLICE PROGRAM. C.L. 443
Bert Bulen, Past President of the South Suburban Exchange
Club, reviewed the past activities of the club and presented a
check to the city in the amount of $2,963.68 to help continue
the Junior Police Program.
Public Safety Director Morgan stated that the Junior Police
Program costs $90G per year. The Public Safety Department will
provide $450 in matching funds each year to continue the
program.
Bob Doeden, Police Officer, reviewed his involvement with
the program and thanked Mr. Bulen for his contribution.
Item #5 APPR V GE DA
City Manager Cartwright asked that a second resolution,
entitled "Resolution Finding No Justification to Warrant Need
for an Environmental Impact Statement for Richfield Legion Lake
Community Park City Project No. 802" be added to agenda Item
#12.
M/Ludeman, S/Bunce that council agenda be approved as
amended.
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Motion carried 5-0.
Council Meeting Minutes -3- November 25, 1985
Item ~~6 CONSENT CALENDAR
A. SETTING A PUBLIC HEARING DATE FOR RESTAURANTS AND
PRIVATE CLUBS FOR DECEMBER 9, 1985, FOR RENEWAL OF ON-
SALE WINE AND LIQUOR LICENSES. C.L. ~~~
B. CONSIDERATION OF PLANS, SPECIFICATIONS AND AUTHORIZA-
TION TO ADVERTISE FOR BIDS FOR SLUDGE DEWATERING
EQUIPMENT FOR THE WATER PLANT. G.L. 445
C. CONSIDERATION OF BIDS AND AWARD OF CONTRACT FOR WATER
PLANT CHEMICALS. C.L. 446.
D. CONSIDERATION OF APPROVAL OF PURCHASES IN EXCESS OF
$5,000. C.L. 447.
E. APPROVAL OF JOINT POWERS AGREEMENT WITH THE CITY OF
BLOOMINGTON FOR 1986 HEALTH SERVICES. C.L. 448.
F. APPROVAL OF A REQUEST FOR THREE ILLUMINATED SIGNS AT
RICHFIELD BANK & TRUST. C.L. 449.
G. CONSIDERATION OF REQUEST BY THE RICHFIELD JAYCEES FOR A
FEE WAIVED CHRISTMAS TREE SALE LICENSE AND TEMPORARY
TRAILER ADVERTISING LICENSE. C.L. 450.
M/Priebe, S/Ludeman that the consent calendar be approved.
Motion carried 5-0.
Item ~~7 HEARING TO CONSIDER RENEWAL OF ON-SALE LIQUOR LICENSES
FOR THE GROUND ROUND RESTAURANT. C.L. 451.
City Manager Cartwright reviewed Council Letter No. 451
regarding consideration of the application for On-Sale and
Sunday liquor licenses by Ground Round Inc. for the remainder of
1985 and for the year 1986. The City Manager recommended
approval of the license request and indicated that Public Safety
contacts for the Ground Round were down over the past year.
Trent Trehan, regional director of Ground Round, Inc.,
stated the reduction in Public Safety contacts was due to the
efforts of the managers of the facility.
Mayor Hamilton asked if the restaurant has a banquet room
available.
Council Meeting Minutes -4- November 25, 1985
Mr. Trehan responded that a room is available at no charge
and was instituted to improve the community image of the
restaurant.
M/Sandahl, S/Bunce to close the public hearing.
Motion carried 5-0.
M/Bunce, S/Priebe to rant an On-Sale and Sunda li uor
~nses to Ground Round Inc. b a Groun Round Restaura
t e rema n er of 1985 an or he ear 198 .
Motion e~rried 5-0.
Item #8 ONSIDE ON C' R Q E A D'
SUPERMARKET, 6228 PENN AVENUE, TO PERMIT THE
CONSTRUCTION OF A WALGREEN'S DRUGSTORE ON THE EAST SIDE
OF THE EXISTING SUPERMARKET. C.L. 452.
Community Development Director Kraft reviewed Council Letter
No. 452 regarding a variance request by Lund's Supermarket, 6228
Penn Avenue, to permit the construction of a Walgreen's
Drugstore on the east side of the existing Lund's building.
Mr. Kraft stated that it was the recommendation of the Planning
Commission and staff to deny this variance request because the
three conditions for granting a variance have not been met.
Ron Krank, Korsunsky, Krank, Erickson Architects, reviewed
the history of the site, parking layouts, setbacks of other Penn
Avenue buildings, and stated that special conditions exist to
support granting this variance.
Ken Anderson, Barton-Aschman Associates Inc., reviewed the
traffic analysis conducted to determine the traffic implications
of the proposed Walgreens addition.
Council Member Bunce stated that additional building in the
Penn/66th area should be delayed until a plan for the whole area
can be done.
Council Member Priebe asked what the value of the building
would be when completed.
Ron Krank responded the cost of the project would be
approximately $800,000.
Council Member Priebe stated that the increase in tax yield
from the project should be considered as well as the benefit to
the community of having the additional retail store.
Council Meeting Minutes -5- November 25, 1985
Discussion followed regarding the unloading dock design and
anticipated truck deliveries to the Walgreens store.
Robert Jansen, Fuller Commercial Brokerage Company, stated
that the Walgreens Store would provide prescription service to
seniors, Share members, and the market area. He said Walgreens
would be a valuable community business.
M/Bunce, S/Priebe to close the public hearing.
Motion carried 5-0. '
M/Bunce, S/Ludeman to den a variance for Lund's
Supermarket, 6228 Penn_Avenue, to permit cons ruction of a
Walgreens Drugstore on the east side of existing Lund's
building.
Motion carried 4-1.(Priebe opposed)
Item #9 CONSIDERATION OF AN AMENDME T TO THE ILN MOR TORIUM
ORDINANCE TO ALLOW BLOOMINGTON HONDA TO CONSTRUCT AN
ADDITION TO THEIR BUILDING. SECOND READING. C.L. 453
City
Mana
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ht review
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o. 453
regarding an amendment to the ILN Moratorium Ordinance to al-low
Bloomington Honda to construct an addition to their building.
Council-Member Ludeman reviewed the reasons that it is
necessary to amend the ordinance to allow Richfield-Bloomington
Honda to complete it's facilities.
M/Ludeman, S/Bunce to close the public hear.
Motion carried 5-0.
M/Ludeman, S/Bunce that this constitute a Second Readin of
Bill 1985-32 Transitor r nance-No. 17.22 tha t be
pu she zn e o is a newspaper and tha i be ma a part of
these minu es.
Motion carried 4=1. (Priebe opposed) .
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Council Meeting Minutes -6- November 25, 1955
Item.#10 CON ID R N OF AN AMEND N TO THE ZO ING ORD NAN E
TO•ALLOW THE EXPANSION OF CERTAIN NON-CONFORMING
STRUCTURES AND TO PROVIDE FOR SIDEYARD SETBACKS ON THE
CONVERSION OF SINGLE FAMILY HOMES TO DUPLEXES.
SECOND READING. C.L. 454.
City Manager Cartwright reviewed Council Letter 454
regarding two amendments to the zoning ordinance; The first
amendment would allow the expansion of certain non-conforming
structures. The second amendment would allow single family
sideyard setbacks to remain on the conversion of certain single
family homes to duplexes.
Opal Hamel, 6613.-1st Avenue, stated her concerns regarding
the number of people living at 6605-1st Avenue and the
representations being made by real estate agents regarding the
use of the property.
City Manager Cartwright reviewed previous action by the city
regarding 6605-1st Avenue. The City Manager indicated another
inspection would be considered and the real estate agent would
be contacted.
Gordon Harder
6632-1st A
,
venue, requested clarification of
the setback requirements as proposed.
Community Development Director Kraft explained the proposed
sideyard setbacks.
City Attorney LeFevere responded to questions regarding the
legal aspects of the real estate agents representations.
M/Ludeman, S/Sandahl- to close the public hearing.
Mot ion carried_5-0.
M/Bunce, S/Ludeman that this constitute a Second Readin of
Bill 1985-33, that_it be pub is ed in the official news aper and
that iZ ae made part of these minutes.
Motion carried 5-0.
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 5-0. "
M/Bunce, S/Ludeman that this constitute a Second Reading of
Bill_1985-34, that it_ be published in the official news aper and
that it-be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes -7- November 25, 1985
Item #11 CONSIDERATION OF AN ORDINANCE REGULATING SATELLITE
ANTENNAES AND TOWERS. FIRST READING. C.L. 455•
City Manager Cartwright reviewed Council Letter No. 455
regarding an amendment to the municipal code regulating
satellite antennaes and towers.
Council Member Ludeman stated his support for the amendment
and reviewed some of the community services amateur radio
operators perform. _
M/Sandahl, S/Ludeman that this constitute_First Readin of
this ordinance amendment and that the Pu lic earin and econd
Reading o the ordinance amendment be scheduled for December 9,
1985.
Motion carried 5-0.
Item #12 ONSTDER TIO OF BID AND AW RD OF CON RA T R
DREDGING, STORM SEWER IMPROVEMENTS AND MUCK EXCAVATION
AT LEGION LAKE. C.L. 456.
Community Services Director Fondrick reviewed Council Letter
No. 456 recommending that the city council award a contract for
muck excavation and storm sewer improvements for the Legion Lake
Park Development Project to Veit and Company, Inc. He
recommended passage of the resolution which incorporates a
finding that an environmental assessment worksheet is not
necessary for this project.
M/Sandahl, S/Bunce that the followin resolution be ado ted•
that it be s read in the reso ution book and that it be made
par o here minu ess
RESOLUTION N0. 7110
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
FOR MUCK EXCAVATION, PATH CONSTRUCTION AND APPURTENANT WORK
AT LEGION LAKE PARK
Motion carried 5-0. This resolution appears as Resolution
No. 7 10 n Reso u ion Book No. 53.
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Council Meeting Minutes
-8- November 25, 1985
M/Sandahl, S/Bunce that the foliowin resolution be ado to
_it be .spread in the resolution book and hat it be made
of these minutes:
RESOLUTION N0. 7111
RESOLUTION FINDING NO JUSTIFICATION TO WARRANT
NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT
FOR RICHFIELD LEGION LAKE COMMUNITY PARK
CITY PROJECT N0. 802
Motion carried 5-0. This resolution appears as Resolution
No. 7111 in Resolution Book No. 53•
Item #13 NSIDER TI N OF FI L PLA S N PECIFICA IO S FOR
STREET IMPROVEMENTS FOR WEST 66TH STREET FROM XERXES TO
NEWTON AND THE PENN AVENUE/WEST 66TH STREET
INTERSECTION PROJECT. C.L. 457.
City Manager Cartwright reviewed Council Letter No. 457
regarding appr-oval of the final plans and specifications for
street improvements for 66th Street and Penn Avenue.
City Engineer Mike Eastling reviewed the notices and
contacts made with property owners- in the project area and
responded to questions regarding ±he plar. details.
Council-Member Bunce stated that the delay in the
construction of this project was due to .the city obtaining FAUS
funding and urged that similar funding be sought to upgrade 76th
Street and Penn Avenue. He also suggested the city buy vacant
land in the 66th Street .and Penn Avenue area to provide
additional parking for businesses.
Council Member Priebe stated that several streets in east
Richfield should also receive funding for improvement, not dust
Penn Avenue.
City Manager Cartwright commented that the City first needs
a planning document on what redevelopment is to occur before
considering land acquisition.
M/Ludeman, S/Bunce that the foI
it be s-.read in the reso ution
o hese minutes
resolu
RESOLUTION NO. 7112
e adopted;
e made
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR HENNEPIN COUNTY PROJECTS NOS. 8026 AND 8443
FOR THE CONSTRUCTION OF COUNTY STATE AID HIGHWAY N0. 32
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Council Meeting Minutes -9- November 25, 1985
Motion carried 5-0. This resolution appears as Resolution .
No. 7112 in Resolution Book No. 53.
M/Ludeman, S/Bunce that the followin .resolution be adop
hat it be spread in thee resolution book and that it be made
art of these minutes:
RESOLUTION N0~13
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR HENNEPIN COUNTY PROJECT N0. 8056
FOR THE CONSTRUCTION OF COUNTY STATE AID HIGHWAY N0. 53
Motion carried 5-0. This resolution appears as Resolution
No. 7 13 in Reso ution Book No. 53.
Item #14 CONSIDERATION 0 A RESOLUTION APPROVING MODIFI A ION
NUMBER ONE TO THE INTERSTATE LYNDALE NICOLLET
REDEVELOPMENT AND TAX INCREMENT FINANCING PLAN DATED
OCTOBER 21, 1985• C.L. 458.
City Manager Cartwright revie
regarding technical modifications
Redevelopment boundary.
M/Ludeman, S/Sandahl that the
adopted; that it be spread in the
made. part of these minutes:
RESOLUTION
Wed Council Letter No. 458
to the TIF and ILN
following resolution be
reso~.ution book and that
N0. 711.4
RESOLUTION APPROVING MODIFICATION NUMBER 1 TO THE
INTERSTATE LYNDALE NICOLLET REDEVELOPMENT AND TAX INCREMENT
FINANCING PLAN DATED OCTOBER 21, 1985
Motion carried 5-0. This resolution appears as Resolution
No. 7114 n Resolution Book No. 53.
Item #15 PRES NTATION OF DEVELOPMENT PROPOSALS FOR THE C D R
AVENUE LT^'?OR STORE SITE. C.L. 459•
City Manager Cartwright reviewed Council Letter No. 459A
regarding the two development proposals for the Cedar Avenue
Liquor store site.
Council Meeting Minutes
-10- November 25, 1985
Community Development Director Kraft reviewed the staff
analysis of the Lincoln Properties and Nacon/Henning proposals:
neighborhood compatibility; employment opportunities; property
taxes generated; and, land disposition proceeds received for
each of the projects.
Discussion followed regarding the costs and makeup of the
various parcels of land.
Chuck DuFresne, Lincoln Properties, reviewed the Lincoln
Properties proposed office/service center and the two
alternatives for the site dependant upon the relocation of the
municipal liquor store.
Bob Hall, Republic Airlines Credit Union, outlined several
areas in which his analysis differed _from the staff analysis
regarding the square footage of the parcels, price to be paid
by Nacon/Hennig and the tax revenue generated. Mr. Hall also
indicated that the retail portion of the proposed project was
included to be compatible with the liquor store, but was not
necessary for the credit union pro3ect to proceed. ,
Council Member Priebe asked if Mr. Hall would guarantee the
estimated market value of the project.
Mr. Hall responded that he could not do so~at this time, but
would be able to guarantee the EMV when the details of the
project are finalized.
Chuck DuFresne questioned the validity of tyre tax revenues
generated from the Nacon/Henning proposal.
Mr. Hall indicated he had used the same formula as contained
in the staff analysis for his figures.
Roger Saddleman, Hammel, Green, Abrahanson Architects,
reviewed the three alternative site plans proposed by
Nacon/Henning.
Mike Wall, 6726-18th Avenue, inquired about the vacation of
67th Street.
City Attorney LeFevere explained that street vacation
process and the affects upon the adjacent properties.
Jim Lyons, 6724-18th Avenue, spoke in support of the
Republic Airlines Credit Union building and in opposition to
additional retail space.
John Eastwood, 6525 Longfellow Avenue, spoke in opposition
to locating any retail businesses including the liquor store on
the site.
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Council Meeting Minutes -11- November 25, 1985
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Council Member Priebe asked if the site could provide space
for both the credit union and the Lincoln Properties
development.
Chuck DuFresne, Lincoln Properties, stated the site was not
large enough.
M/Bunce to eliminate arcel A from consideration for sale
and for the .c ty to ui d a new liquor store on parce A.
Motion died for lack of a second.
Council Member Sandahl stated that both proposals were good,
but he supported the Lincoln Properties proposal because the
neighborhood had expressed strong support for it.
Council Member Priebe stated that the site would be more
valuable in several years, but since the majority of council
wished to proceed, he would support Nacon/Henning because it
would generate a higher tax yield.
Council Member Ludeman stated his support for the
Nacon/Henning proposal.
M/Ludeman, S/Priebe to direct staff to continue to ne otiate
with Nacon/Rennin re ardin develo-went of the edar venue
Liquor Store site and to negotiate a guaranteed estima ed market
value.
f.
Council Member Ludeman requested a poll of votes.
Motion carried 4-1. (Sandahl opposed)
Discussion followed regarding the staff. report on the future
of the Richfield Municipal Liquor Stores contained in Council
Letter No. 459B.
M/Sandahl, S/Ludeman to ost one consideration to allow
staff to ne otiate with Nacon Henning and to direct staff to
roceed to investi ate t e oten
store opera ions and propert es.
Motion carried 5-0.
~l
A
sale value of a liquo
Council Meeting Minutes
-12- November 25, 1985
Ltem #16 NSID RAT N F A ST FF R PO ON TH S AT S F TH
PROPOSED HAMPTON INN DEVELOPMENT. C.L. 460.- ---
City Attorney LeFevere reported no agreement had been
reached on a final developers agreement with PALCO due to the "
fact that PALCO had approached the city attorney ~ugt prior to
tonights meeting with a request for further concessions. The
city attorney recommended continuance of this item to the
Dece~ber 9, 1985, council meeting. .
M/Sandahl, S/Priebe
Item #17 CON ID RATION OF A TA F RECOMME DA ION TO LEAS
DACOTAH PROPERTIES FROM ITS AGREEMENT TO FINANCE A
TRAFFIC SIGNAL AT 76TH STREET AND GIRARD AVENUE AND
RELEASE OF OFF-STREET PARKING PERFORMANCE BOND FOR
CORPORATE TRAVEL, 1400 WEST 7$TH STREET. C.L. 461
City Manager Cartwright reviewed Council Letter No. 461
recommending the release of Dacotah Properties from its
agreement to finance a traffic signal at 76th Street and Girard
Avenue and releasing the off-street parking bond for Corporate
Travel, 1400 West 78th Street. The City Manager stated that MN
Dot has not given its approval for a traffic signal at the
location far the past five years since the pro3ect wag approved
because of insufficient traffic flow (traffic warrants).
Dacotah properties has told city staff that they will deed the
right-of-way for their private road (Girard Avenue South
extended) to the city if the city agreed to release them from
the traffic signal requirement.
M/Sandahl, S/Ludeman to release Dacotah Pro.erties from it
obligation to install a traf c signal at 7 th Stree and Gira
Avenue; to release the off-street parking performance bond for
orporatie gravel, '14po West 78th Street; and to accept Da
roperzles~ r~gnts to the right-o'-way of Girard Avenue s
_- -_
.~-,.._ -
Motion carried 5-0.
Motion carried 5-0.
Council Meeting Minutes
-13- November 25, 1985
Item #18 CONSIDERATION OF STAFF R COMMENDATION ON THE AWARD OF A
CONTRACT FOR PHOTOCOPIER EQUIPMENT. C.L. 462. ~~
City Manager Cartwright reviewed Council Letter No. 462
recommending the award of bid for photocopying equipment and
service to the IBM Corporation for the three year lease of their
model 60 copier. Mr. Cartwright told the council that the new
lease would save the~city $900 per month in photocopying costs.
M/Ludeman, S/Sandahl that the following resolution be
adopted; that it be_spread in the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7115
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
PHOTOCOPYING EQUIPMENT WITH SERVICE/MAINTENANCE AGREEMENT
Motion carried 5-0. This resolution appears as Resolution
---- -- No. 711 in Resolution Book No. 53. '
Item #19 CON IDER TON OF AN M NDMENT TO E INT PO RS AGREE-
MENT WITH THE CITIES OF EDEN PRAIRIE, EDINA, HOPKINS,
A~JD MINNETONKA (SOUTHWEST SUBURBAN CABLE COMMISSION) TO
PROVIDE A YEARLY PAYMENT TO THE SWSCC. C.L. 463
City Manager Cartwright reviewed Council Letter No. 463
regarding an amendment to the point powers agreement with the
Southwest Suburban Cable Commission to provide for a $2,500
payment to SWSCC by each city to help pay for the operating
costs of the cable commission.
Council Member Bunce stated that the city no longer receives
a 5~ franchise fee nor employs an executive director for SWSCC.
City Manager Cartwright noted that the city has been paying
this fee and that the amendment is to correct an oversight in
the drafting of ,the point powers agreement.
Council Member Priebe reviewed the current status of Rogerts
stock prices, and felt that the City should not have made such
generous concessions to Rogers during the recent restructuring
of their Franchise agreement.
RESOLUTION N0. 7116
RESOLUTION AUTHORIZING THE CITY TO EXECUTE THE FIRST AMENDMENT
TO THE JOINT AND COOPERATIVE AGREEMENT PROVIDING FOR THE
ON-GOING ADMINISTRATION OF CABLE TELEVISION BETWEEN THE CITIES
OF EDINA, EDEN PRAIRIE, HOPKINS, MINNETONKA AND RICHFIELD
Motion carried 5-0. This resolution appears as Resolution
No. 711 in Resolution Book No. 53.
Council Meeting Minutes -14- November 25, 1985
Item #20 C N I DT SSION ITE S
Council Member Ludeman requested that an ordinance amendment
be prepared to require mailed notice to affected residents of
second reading of zoning ordinance amendments for city council
meetings in addition to the notice given at the Planning
Commission level.
Item #21 A AND PAYROLLS
M/Sandahl, S/Ludeman that the following. claims and payrolls
be approved:
RICHFIELD BANK AND TRUST
Checks 6474/6521, 79943/80168 General
FIRST WESTERN BANK
Checks 2631/2674 ~ General
Checks 6282/6641 Payroll
MIDWEST FEDERAL
CHECK 1024
Motion carried 5-0.
ADJ URN ENT
M/eunce, S/Priebe that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned 10:25
Date Approved: _ 12/9/85 ~~~
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