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Regular City Council Meeting AND <br /> Board of Adjustments and Appeals <br /> Monday,July 09,2012 <br /> Page 19 <br /> At the request of Mayor Roe, City Attorney Gaughan opined that the hours of <br /> operation were more suited to an associated Development Agreement, as were <br /> the first five (5) conditions outlined in their July 9, 2012 memorandum of rec- <br /> ommended conditions. City Attorney Gaughan noted that the purpose of the <br /> Development Agreement was to make sure everyone was on the same page on <br /> all of those issues. <br /> Councilmember Pust opined that this was a substantive issue regarding hours of <br /> operation; and expressed her willingness to hear from the applicant on their <br /> proposed business model for the facility. Councilmember Pust suggested that <br /> hours of operation not exceed 9:00 p.m. on weeknights, and 10:00 p.m. on <br /> weekends; ensuring that it not be a 24-hour business model. <br /> Mayor Roe suggested that that the hours of operation be encompassed in the <br /> Development Agreement acceptable to the City. <br /> Councilmember Pust opined that the applicant needed to be aware at this time of <br /> the City's restrictions on hours of operation. <br /> Councilmember Willmus note that the City already had another establishment <br /> (Cub Foods) that was a 24-hour operation; and questioned their zoning district <br /> designation. <br /> Mayor Roe noted that they were in a Community Business District, formerly <br /> designated"Shopping Center,"before the Zoning Code was revised. <br /> Councilmember Willmus questioned how the City would justify differences in <br /> that operation in a Community Mixed Use District versus this applicant. <br /> Councilmember Pust opined that this proposed operation would have greater <br /> impact on adjacent residential properties; however, she further opined that any <br /> operation within a Business District should not be allowed to have 24-hour re- <br /> tail operations. <br /> Mayor Roe noted that this subject had been brought up and recognized; and <br /> asked that Councilmember Pust provide any other conditions for consideration <br /> by the body. <br /> Councilmember Pust suggested, given past testimony by the Police Chief Rick <br /> Mathwig about the potential increase in law enforcement services required; and <br /> asked for a condition that the applicant pay for those additional services on a <br /> proportional basis. Councilmember Pust opined that, when evidence was pro- <br />