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<br />September 13. 2005 <br /> <br />At a Regular Meeting of the City Council on Tuesday, September 13, 2005, <br />there were present: <br /> <br />Mayor James W. Holley III, Vice Mayor William E. Moody, Jr., Charles B. Whitehurst, <br />Sr., Marlene W. Randall, Stephen E. Heretick, Elizabeth M. Psimas, Ray A. Smith, Sr., <br />City Manager James B. Oliver, Jr., City Attorney G. Timothy Oksman. <br /> <br />Reverend Ronald E. Greiser, Jr., opened the meeting with prayer, which was <br />followed by the Pledge of Allegiance to the Flag. <br /> <br />Mayor Holley called the meeting to order and welcomed all in attendance. <br /> <br />Motion by Mr. Whitehurst, and seconded by Ms. Randall, to approve the <br />minutes of a Called Meeting on August 22, 2005, of a Called Meeting on August 23, <br />2005, and of a Regular Meeting on August 23, 2005, and was adopted by unanimous <br />vote. <br /> <br />- Public Hearing - <br /> <br />05 - 408 - Public hearing on use permit and rezoning applications: <br /> <br />(a) UP-05-21 <br /> <br />DOWNTOWN CORRIDOR - Jeffrey B. Logan requests a use <br />permit to operate an eating establishment with two (2) tables and <br />eight (8) seats at 101 High Street. Vision Principle: A Robust and <br />Prospering Economy and Neighborhood and Community <br />Transformation. The Comprehensive Plan recommends mixed- <br />use development. <br /> <br />1. David Cartier, 1 Harbor Court, Unit 70, spoke in support of this item. <br /> <br />Motion by Ms. Psi mas, and seconded by Mr. Whitehurst, to concur with the <br />recommendation of the Planning Commission that UP-05-21 be approved on first <br />reading, and was adopted by unanimous vote. <br /> <br />(b) UP-05-22 <br /> <br />DOWNTOWN NEIGHBORHOOD - Robert R. Conery requests <br />modification of an issued use permit adopted by City Council in <br />May of 1999 for an entertainment establishment at 600 Court <br />Street. Vision Principle: A Robust and Prospering Economy. <br />The Comprehensive Plan recommends downtown mixed-use <br />development. <br /> <br />1. Bart T. Foster, 4400 Carlton Court, spoke in support of this item. <br /> <br />2. James C. Hawks, 320 London Street, Attorney for the applicant, spoke in support of <br />this item. <br /> <br />'" Councilman Whitehurst read a portion of a letter received from the Olde Towne <br />Civic League: <br /> <br />"The NEAT Officers reports state that the site has continuously been a source of noise <br />and complaint. In addition the rear parking lot was the site of a homicide earlier in <br />2005. We feel that allowing amplified music will be a detriment to the bordering <br />neighbors and only worsen the current issues with Thumpers as identified by the <br />Planning Department and the Police NEAT Officer." <br /> <br />Motion by Mr. Moody, and seconded by Mr. Whitehurst, to deny item UP-05-22 <br />on first and final reading, and was adopted by the following vote: <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst <br />Nays: Holley <br />