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-4- <br /> Mr. Zinner asked whether. the concerns expressed about the billiard <br /> parlor operation had been directly related to the categories of -business <br /> • which would be affected by the proposed ordinances and Mr. Soth told <br /> him his instructions in. preparing the ordinance -amendments had been <br /> to find any business which is open to- ,the public and where the public <br /> congregates and where disturbances. and noise might be generated in the <br /> early morning hours_. The - Rein attorney questioned whether there had <br /> been resident input- regarding -those other categories and Mr. Soth told <br /> him the' Council had also based its decision regarding those businesses <br /> on the findings of a Minneapolis study which related entertainment/ <br /> amusement establishment location to increase in crime rates , decrease <br /> in property values- and -other adverse impacts on the adjacent areas . <br /> He conceded the study had -been based on the socio-economic character- <br /> istics .of the Minneapolis neighborhoods . <br /> Dor. Springfield said the original petition .which 409 persons had signed <br /> had been against the beer license .and not against the 24 hour operation <br /> of the..billiards parlor and - it is his personal belief that . "you can get <br /> most people to sign almost -anything you ask them to sign" . Mr-. Kozlak <br /> disputed this assumption about this particular petition saying he lives <br /> in the area and knows almost everyone who signed the petition-.and <br /> believes their prime consideration was the hours of operation since <br /> they already knew: beer was served in.- the bowling alley until 1 :00 A.M. <br /> Mr. Rhoades was admant in saying the petition was only against the beer <br /> license and the woman who was .the spokesperson for the group who <br /> appeared, - was very upset because she had not been informed that <br /> license application had been _withdrawn . so she could go to the Eastside <br /> • parade- with. her husband and children. He perceived that "when the <br /> neighbors who showed up to . argue against the beer - license had nothing <br /> else to fight about,. they started to complain about the hours of <br /> operation" . The Chairman told Pyr. Rhoades the minutes for- that meeting <br /> show substantial input against the hours of operation for this type of <br /> business in a residential area. and .this was a prime consideration of the <br /> Council when they directed entertainment-type businesses be made <br /> conditionally .permitted uses so .conditions could be placed on such <br /> operations which would protect the residents from early morning <br /> disturbances . <br /> Mr. Springfield told .the Commission -members that, during the few times <br /> he has visited the store which is being remodeled for Chick 's , he has <br /> been approached by 15 adults who wished him success in his business <br /> venture including a bank representative, a Legion Club member, and <br /> one of the men who had originally been against the business . The <br /> Chick ' s owner insisted- "seventy people don't represent the City" . <br /> When Mr. Rhoades reiterated that none of the first testimony was <br /> concerned with the hours of- operation , Mr. Childs told him the fact <br /> that this would be an all-night operation was not generally known or <br /> understood at that time and the. residents found out about that during <br /> the meeting. The Manager does not believe there is a valid basis for <br /> the belief of the Chick' s owners that the new ordinance is directed <br /> solely against them, but, rather, that the City believes any recrea- <br /> tional use should not- be run for 24 hours a day because of the expense <br /> • of additional police protection which would -be required and the need <br /> is therefore for tightening up the existing ordinances so the City <br /> won't have to go through this process ever again. <br />