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-2- <br /> health club past that time . He also foresaw the possibility that an <br /> all night restaurant might want to open on Apache property. When <br /> • Mr. Jones indicated he believed this might be permissible , Mr. Soth <br /> indicated that under the ordinance limiting hours of operation this <br /> would not be possible. <br /> .12r. Zinner said Apache had relied on the City Ordinance since 1973 to <br /> attract tenants to the shopping center and Mr. Soth told him the <br /> proposed .ordinance changing certain types of businesses from "per- <br /> mitted" to "conditionally permitted .uses" should have no effect on <br /> existing businesses which are "grandfathered in"' but is written rather <br /> to give the City greater control over new businesses . <br /> Mr. Zinner reiterated_ that the shopping center management has rented <br /> retail space based on the existing ordinance and now would be <br /> restricted somewhat in their operation-. Mr. Zinner felt the Apache <br /> management had demonstrated good .business judgement in the past and <br /> such decisions should continue to be left to the owners . Mr. Bjorklund <br /> doubted whether . there .had been many businesses in Apache which had <br /> wanted tostay open past 1:00 A.M. Mr.. Zinner said the Italian <br /> restaurant had stayed open past 1:00 A.M. occasionally and though he <br /> conceded .that at this time there were .no businesses. which stay open <br /> past one o' clock, he said that in. other parts of the country, retail <br /> areas do stay open all night and Apache wants to be able to go along <br /> with any change -in retailing trends .which might come to this area in <br /> the future. <br /> • Dennis Hagstrom, Attorney , W. 1100 First National Bank, St. Paul , <br /> identified himself as the attorney representing Chick 's Billiards <br /> which would open in the St. Anthony Shopping Center .within the next <br /> week or so. , fie said - he could not understand why the City anticipated <br /> problems with the billiard parlor since the owner,. Mr. Springfield, <br /> had brought in witnesses to testify that such concerns were unfounded <br /> because of the way in which he operates his business in Coon Rapids , <br /> and the attorney .indicated he is certain "with all the questions <br /> raised by the Council and the residents, any problems with the <br /> operation would have been found by now" . Mr. Hagstrom said he <br /> believes these fears are based instead on preconceived ideas about <br /> pool halls and insisted that limiting the hours of -operation would <br /> directly affect his client'.s .business , .a majority of which is done in <br /> the hours between 9 : 30 P.M. and 12 :00 A.M. and again between 1 :00 A.M. <br /> and 3 :00 or 4 :OO .A.M. With. the self-imposed .curfews for minors of <br /> 9 : 30 P.M. during the school year and midnight during the summer, the <br /> legal representative believes the City "has no basis in fact for <br /> imposing time restrictions" . <br /> The Chairman told Mr.. Hagstrom .the neighbors were concerned because <br /> Chick 's in St. Anthony would be only 150 feet from residential dwell- <br /> ings . Bob Rhoades , an employee of Chick 's , 10266 Hanson Boulevard, <br /> disputed the statement that there is a great difference between the <br /> two locations , saying "Chick 's at 85th and University is one block <br /> from homes in front of the establishment" . Mr. Zawislak told Mr. Rhoades <br /> he has visited the Coon Rapids site and found the establishment is on <br /> • a commercial street with completely different traffic patterns that <br /> would be found in St. Anthony. The billiards proprietor responded that <br /> most of Chick' s customers use East River Road, which passes a heavily <br /> inhabited residential area. <br />