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-11- operating next to the Twin City Federal Bank in an. area. where resi- dents have -been concerned for- years about how vacant- land in front of them on Silver Lake Road would be developed, Councilman Ranallo admitted. Mayor Sundland then recalled another incident years ago when a. national franchise :restaurant which would have generated high traffic, noise and litter and many other problems forthe adjacent neighbors wanted to- open up .on Kenzie Terrace and the only reason the City was able to prevent them from doing: so was. the f act. that a portion- of the land they wanted to purchase-was zoned- R-1.. He believes -most restaurants would want to stay open all night'.if the dollar value could be proved. He said he believes it should be- Apache 's -responsibility to see to it that applications are made in time..and said this point was demon- strated to him recently when he discovered a new business getting ready to open up in the St, Anthony Shopping Center without ever . contacting th& City officials ,, which he believes, was the fault of the leasing agent. He told Mr. Zinner that .malting the restaurants a Conditional Use is not denying. that use but rather just permits the City to set the conditions for the permit approval. Motion by Councilman. Marks and ,seconded by Councilman Enrooth to approve the .first reading of the ..ordinance which limits the hours of operation for certain business after deleting"re.staurants , cafe- terias and delicatessens" from Section- 460 :0 and with the same find- ings as developed by .the Planning Commission. Voting on the motion: Aye : Marks and Enrooth. Nay : Sundland, Ranallo .and Letourneau. Motion not carried. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the first reading. of the ordinance which limits the hours of operation for certain businesses .as submitted except to change the number of amusement devices in Section 460 :10 from six (6) to three (3). , finding as did the Planning Commission that: (1) There was- ample written and verbal testimony by the public, the proponents , ' and the opponents to support passage of the ordinance. ((2). No evidence was presented to back up the assertion that businesses of the types which would be affected are "family oriented" , but rather, evidence was presented that the hours of greatest activity . are the very hours that families seldom, or- never, pursue joint . activities ,since they are universally. regarded as sleep hours and testimony from the .p.ublic adequately demonstrated that St. Anthony is a "family oriented community" . (3)- St. Anthony is a small community with a small police department and may- be adversely affected- by the necessity to increase staff- ing if this -ordinance is not adopted.