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-8- Councilman Ranallo .told him when the City receives a .large outpouring of requests - for an all .night restaurant, the Council would be glad to • consider it, and it was his own frustration with. trying to attach conditions to conditional uses in the past, .which had prompted him to have the ordinance written .as a protection for .the -community . Mr. Soth explained that, if restaurants , .cafeterias and delicatessens are not specifically designated in the hours of operation ordinance , the .existing businesses of .this type would not be affected by changing them from permitted to conditionalauses-, since they would- be grand- fathered in with the ordinance . and would be able to operate any hours they believe would be economically feasible . The City would, there- fore, not be able to control the hours of operation-'for existing rest- aurants , not even for those for whom the ownership changed, if these businesses are deleted from the hours of .operation ordinance. Under questioning-, Mr. - Zinner said the only instances - he has known of an Apache business staying open after 1 :00 A.M. during the six years he has been -with Apache has been when the Italian restuarant stayed open until 2 : 30 A.M. for a short time and the bowling alley when it was kept open for special events. However, he reiterated that the shopping center hasoperated under. the existing City ordinances for 21 years with no- problems, that he knows of , for the community related to noise or traffic generation-. Chief Hickerson replied to Councilman Marks .' question related to problems the Police Department had experi- enced by saying .the only problems he knows which were incidental to later hours of operation were the normal problems associated "with cars just being there" . • Councilman Marks then said he believes the Apache management request that their ability to attract. a reputable eating place to the mall not be hampered is a reasonable one because the City could place conditions -on any conditional use permit for a restaurant which came before them. Councilman Enrooth indicated he supported this point of .view because "just because a use is allowed in an ordinance .doesn' t mean people are going to rush in to take advantage of that use" . He agreed with Mr. Zinner that the City has .had no major problems in 21 years with allowing Apache to make their own business judgments as to which businesses would be desirable for the mall. The Councilman says he has been troubled lately by comments he has heard from the business community indicating they perceive the Council to be extremely negative towards the welfare of small businesses in. the City and wants to be certain the Council is not just .overreacting- to °whati-has ;-transpired in-another section of the City in the past few months . Councilman Ranallo asked him what he would do if an eating place should become a big problem, speculating that the residents who live near the Hobo would probably be very upset if that restaurant decided to stay open all night. Mary Anne Kuharski,, 2707 Pahl Avenue N.E. , indicated she sees the Council is "backsliding" on the issues which .were supported by 70 or 80 people who appeared before the Council in August, and who would probably • return if they believe it necessary to have their wishes followed. She can' t understand why the Council is now considering letting restaurants stay open until 2 : 30 A.M. or later believing the residents had made it perfectly clear they don' t want the City to become a watering hole for