CC MINUTES 09281982 - Laserfiche WebLink

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-6- Motion carried unanimously . The ordinance about which the Rein Company had the greatest concerns was considered next. Mr. Cavanaugh requested the Council consider the concerns stated in the October 8 , 1982 ,. letter from Ted Zinner, the Rein- Company general counsel, about making restaurants , cafeterias , and delicatessens conditional uses as well as Mr. Childs ' assessment of those concerns in his memorandum of the same - date. The Mayor indicated he perceived that .there had not always been a clear understanding as to what the major concern of Apache was relative to the ordinance changes , but he personally had always believed that any business where people congregate .and can be expected to generate levels of traffic and noise which could disturb the residents , should not be .permitted to stay .open past 1:00 A.._M., Now .that the ordinance which would assure this had passed, .the .Mayor. said he .was . inclined to agree with the City Manager that ,the City already has sufficient ordinance controls over parking, signage, etc. , for eating places which are not drive-ins , because such establishments are allowed only in commercially zoned .districts and the actual licensing is handled by the state through the county. Councilman Ranallo indicated he couldn't see why the Rein Company should be so concerned with the City ,making restaurants , cafeterias , and delicatessens conditional uses ,, since any eating place which wants to operate in the City would only have to follow the same procedure as • the Zantigo Company did because they had a drive-iii:: He told Mr. Cavanaugh that, if the proposal is presented properly , and it should be the responsibility of the leasing company to see to it that is done , it would probably take no longer than 30 .days after the Council has received the Planning Commission' s - recommendation .for the Council to hand down a decision on an application. The Councilman assured the- Apache spokes- man that the. City would always be willing. to expedite the process and shorten the delays for any proposal they might- bring before the Council . He perceives the conditi-onal useprocess as giving the City a little more control over these types of operations throughout the City than is possible for permitted uses , because through the process , the City would have some input into how the business is developed and could offer suggestions which could make the proposed facility more accept- able for the City of St. Anthony. Mr. Cavanaugh admitted his firm has had few problems with this particular Council, but. indicated the Rein Company has some concerns that a City government five, ten or more years down the line might not be as cooperative and the "intent of the -ordinance might lose something in the - translation along the way" . There -is no more room for another free -standing restaurant at Apache, Mr. Cavanaugh said, and he believes the Council is asking for more controls than it really needs for any restaurant which might open in -.the main mall in the future., whether it has an inside or outside exposure. The Rein executive reminded the Council that restaurants have come and gone within the mall for the last 20 years without creating major problems for - the City and- he believes the City would be making unnecessary work for itself through the new .ordinance. According to Mr. Cavanaugh , the Apache management' s concern* is th.at. the City might want to interfere with the planning