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s -5- <br /> perceives the testimony offered was an accurate measuring stick of <br /> the ,entire community. Although the. perceived problems with Chick 's <br /> and the complaints regarding the Fun Center might have forced the <br /> • Council to reevaluate the existing ordinance, the Mayor believes the <br /> consensus of the community and Council was that- the ordinances should <br /> be tightened up for all uses which, involve large concentrations of <br /> people where problems with noise, traffic and neighborhood disturbances <br /> could be expected. <br /> Judy Makowske, a .Commission member, asked for, rea.f.firmation that the <br /> restriction of hours of operation .would .apply to Chick's , which she <br /> said is now .open in St: Anthony. Por. Soth indicated the proposed <br /> ordinance was written to .apply to all businesses which are defined in <br /> the ordinance, including billiard halls and -other businesses <br /> presently- <br /> _in_existence. <br /> Mark Gehan, an attorney representing ,the" owners of Chick 's indicated <br /> he had .been present at the Council meetings and his associate had <br /> presented the Chick 's owners opposition to the ordinance changes at <br /> the last hearing. 11r:. Gehan indicated he had no doubts as to how the <br /> Council was going to vote on the questions but thanked them and staff <br /> for treating him and his clients "fairly procedurely" . . He stated that <br /> he understood .the pressures which had been brought to bear against <br /> opening Chick '.s in St: Anthony, but he did not believe the charges <br /> against the establishment had been substantiated in fact or that any <br /> of the reasons written into the ordinance for curtailing the hours of <br /> operation, which he read aloud, could be applied to Chick ' s because <br /> "what you know of Chick ' s is what has been reported to you. by your <br /> City Planager and- Police .Chief who thoroughly checked out Chick 's in <br /> . Coon Rapids and, apparently , could find no adverse information on which <br /> to deny the applications for licenses" . <br /> Mr. Gehan recounted the process of those applications through the sys- <br /> tem, saying Roger Springfield, the owner of Chick ' s , had originally <br /> submitted applications for both amusement devices and beer for the <br /> store he was remodeling in the St. Anthony Shopping Center, but had <br /> withdrawn the latter when it was suggested to him that doing so might <br /> lessen the opposition .to his operation. as a whole from the neighbors . <br /> "However" , Mr. Gehan said, "the opposition stayed" and, although <br /> Pyr. Springfield "had been up front" in indicating he intended to <br /> operate- the billiards hall "continuously" , i .e. , "24 hours a day" , "the <br /> public. opposition now because .vehement about that aspect of the business <br /> and a .special hearing was called for September 7th" . The attorney for <br /> Chick 's then asked the Council to reflect on what had really happened <br /> by saying "originally there had been no .stir, . then the opposition to <br /> the beer developed, and finally , the uproar over the hours of oper- <br /> ation, and now, you ' re changing your ordinances because of Chick 's" . <br /> When the Commission Chairman indicated he did not .believe the ordinances <br /> were directed at a particular. style- of business , but at all businesses <br /> where noise and traffic disturbances can be expected to be generated <br /> by large concentrations of .people , Por. - Gehan responded that he per- <br /> , ceives an absence of evidence substantiating the ordinance changes and <br /> he perceives no other business would be affected, but, rather , the <br /> • City decision is being made on unsubstantiated claims about "that type <br />