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D-e co' : \~ !,: ,~,,~' , ../C, ~\c~ ":j' I ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 12 Mayor Probst stated he is tom since he does not want to lose five properties to save two. He noted two members of the Council have lived through the experience where the Comprehensive . Plan and the zoning do not match. He added this issue has been discussed at length over the past two years. He stated he thinks they should move ahead with all seven properties. He noted he has difficulty understanding the objection of this particular property owner. He asked if the motion fails could another action be taken. Mr. Filla stated if it is at the same meeting, a motion to reconsider must be introduced by a member of the prevailing side. Mayor Probst stated the whole public hearing process has been completed and asked if it would need to be done again if two properties are pulled out. Mr, Filla stated the Council could table two and act on five. He noted there are no time limits since the City is the applicant. Councilmember Grant stated this rezoning does require a four/fifths vote. Councilmember Aplikowski stated if the motion fails, it can be brought back to the table when the dwelling language is considered. Mr. Filla stated if they have an applicant, they should take some action if they like the regulations, Councilmember Larson stated he is concerned with the hours of operation. He noted if businesses are allowed to operate between I :00 a.m. and 6:00 a.m., it is inconsistent with what they have in the neighborhoods. He added there are restrictions because they did not want uses that go past 11 :00 p.m, He stated he is comfortable knowing this is an overreaching . consideration, but the current businesses can still operate the way they are now. He noted if the members are waiting to see ifthe language would loosen this, then he is not sure it is consistent with what they wanted to do with this issue. Councilmembcr Aplikowski stated she is strongly against using regulations to drive a business out of the City. Mayor Probst asked what is the concern that would drive the business out of the City. Councilmember Aplikowski stated she is not saying this would, but it has been used in the past. She stated she knows they are saying the business can still operate as they are now but her primary concern is asking for more time on two properties so they can take another look at it. Councilmember Grant asked if it was ever the intent to have establishments that serve liquor fitting into the Neighborhood Business District. Ms. Chaput stated she believes bars and restaurants do fit. The question was called, Those in favor (Aplikowski, Grant and Rem), The motion failed (3-2) with Mayor Probst, and Councilmember Larson opposed, Councilmember Aplikowski asked to be convinced that Lindey's would not have to do one single thing differently, .