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Mr. Scott Smith, Attorney, 2122 North Broadway, representing the appellant/applicant, stated that the appeal was initiated by Southside Investment Co., but that it is the Company's tenants who are pursuing the matter. Mr. Smith stated that due to a misunderstanding of the Planning Commission date, the applicant's position had not been heard; that there are six separate businesses involved and in some instances the uses are manufacturing with incidental sales; that the traffic flow is minimal; that there are existing retail uses in the vicinity. Mr. Smith further stated that Section 41-472(h)(13)(a) provides retail and service uses are permitted in Mi with a conditional use permit which, in effect, adjusts the City's zoning to demands of business enterprises; that the applicants had entered into leases with the property owner relying on his representation that the zoning would allow retail sales. The tenants were present and were introduced by their attorney, who described their individual business operations, emphasizing their compatibility in the area and their minimum traffic generation. There were no other proponents or opponents, and the hearing was closed by the Vice Mayor. Councilman Ward's motion, to uphold the decision of the Plan- ning Commission and instruct the City Attorney to prepare a resolution denying Conditional Use Permit No. 73-15 and Appeal No. 334, was seconded by Councilman Markel and carried on the following roll call vote: AYES: Ward, Markel, Garthe, Griset NOES: Yamamoto, Evans ABSENT: None ABSTAINED: Patterson (CA i3.3) RECESS at 8:45 P.M., with all Vice Mayor Evans declared a five-minute recess at 8:40, P.M. The meeting reconvened Councilmen present. WAFFLE HOUSE DISPOSITION Mayor Patterson recognized Mrs. Betty Biner, 628 E. Chestnut Street, who stated her hope to per- suade Council to assist in the preservation of the Waffle House which is in process of purchase by the City to accommodate the widening and construction of East Civic Center Drive. She further stated that a fund had been initiated by Mrs. Weston Walker and herself, with Home Savings and Loan, for the preservation of the house; that there has been some response, although not overwhelming, to two newspaper articles on the subject; that she strongly recommended selection of an alterna- tive route; that if that were impossible, time was their only ally, and perhaps the postponement of the project might be considered. Mayor Patterson responded that the commitments to the project had passed the point of no return. CITY COUNCIL MINUTES 37 JANUARY 21, 1974