PL MINUTES 09071982 - Laserfiche WebLink

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-3- Mrs . Makowske asked. the City Attorney whether the new ordinance would directly affect Chick' s and he told her that "although it had been • erroneously reported in the newspaper that the establishment would not be affected, the ordinance amendment regarding hours of operation would apply to Chick 's . " Roger Soringfield, Brooklyn Park, one of the Chick ' s owners , saw the restriction of hours .as "dictating the recreational hours for people who work. late hours , " which he believes would be discriminatory. At this point, Mrs . Makowske reported Mrs . Gerber had .requested the minutes for the August 10th Council meeting be amended to indicate on Page 9 that "no .one had -refused to sign the Petition but rather, there might have been some people who wouldn ' t sign for others" . Mark Kozlak, 2612 Murray Avenue., a Cityresident who lives near the St. Anthony Shopping Center, reported discussing the City of Eagan's ordinance with that City' s manager, Tom Hedges , and. indicated a pre- cedent for restricting hours of operation had been established in that ordinance and the one -for Mendota Heights and others Mr. Kozlak knows of. He told Mr. - Bjorklund his family ' s restaurants around the metropolitan area as a rule open at 11: 30 A.M. and close by 1:00 ' A.M. However, years ago his grandfather and father had lobbied .the State Legislature to get hours for serving alcohol restricted to midnight. Mr. Bowerman said he was concerned that neither the Apache representa- tives or Chick' s legal representative had availed themselves of the opportunity to review the 30 pages of minutes reporting the neighbors ' • concerns which were -voiced during the July 27 and August 10 Council meetings. Copies of those minutes were distributed. Air. Zinner said if he had known about them, he certainly would have read them. The Commission member added that he is also concerned. with the inference that the City is rushing- into ordinance changes , "they just picked .up out of nowhere" . Rather, hesaid,. the proposed ordinance changes are not only a reaction to current concerns , but represent the City 's desire to develop laws which- will avert problems in the future . The Chairman told Mr. Zinner .the reason the Planning Commission is considering the ordinance amendments at a special meeting is because, "with the new sign, ordinance we are writing and the time demands of usual zoning requests , the Commission normally sits until around 11 : 00 P.M. each meeting -and a matter as important as this one , could not be dealth with satisfactorily at a regular meeting" . Mr. Bjorklund told those present a review of 'past Commission minutes would indicate he personally has been lobbying . for changes in the ordinance which would have dealt-.with the problems- being addressed now. Chairman Jones asked Mr. Soth whether it would' be feasible to write an ordinance which would permit the Council . to grant a .variance which would permit an all-night restaurant to operate in the City if such a request came in. Mr. Soth .said the only way such an operation could be per- mitted to operate would be to .change the ordinance , since any conditions placed on the use would have to -be more , rather than less ,: restrictive. Mr. Peterson agreed the ordinancecould be changed if the need arose , • and if the City should ever have a business which operates three shifts , but added, "there are no three shift operations here now" .