Mr. McCord? Here. Mr. Myers? Here. Dr. Stevens? Present. Mr. Stennett? Yes, ma'am. Mr. Beard? Present. Mr. Blevins? Here. Mr. Blues? Here. Ms. Crosby? Here. Mr. DeCamp? Here. Mr. Ellinger? Here. Ms. Gorton? Mr. Gray? Ms. Henson? Ms. James? Here. And Mr. Lane? Thank you. We have a quorum at this point. What would be the proper procedure, counsel? Because we have had the two parties have come with an agreement on what they want to do, so what would be the proper procedure? I think that there are no other people in the opposition here to speak, are there? Seeing none. I think it would be appropriate for you to go ahead and announce the agreement concerning procedure, have both parties on the record indicate that that is what they had agreed to, and then proceed. You'll need to swear the witnesses in. That will be the next step after you do that. Okay. If anybody is going to speak, would they please stand up? Chuck, hang on. Council Member Ellinger, hang on just a second. We've got to do the second reading of the ordinance. Okay. If you would, please do second reading. Thank you. Ordinance number one, an ordinance changing the zone from a professional office P1 zone to a downtown frame business B2A zone for 0.16 net, 0.19 gross acre and from a planned neighborhood residential R3 zone to a downtown frame business B2A zone for 0.24 net, 0.42 gross acre for properties located at 522 through 528 East Main Street and 109 Kentucky Avenue, subject to certain use restrictions imposed as conditions of granting the zone change, Hugh Bennett and Roland Vaughn. At this point, is there anybody who is going to be speaking? If they would, please stand, raise your right hand and be sworn in. Yes, please. Do you swear to tell the whole truth, none but the truth? I do. Thank you. At this point, if we could have the council come up here and explain to the audience and the council what you all have decided, please. Thank you, Mr. Ellinger. I'm Dick Murphy. I represent the applicant on this case and we had, as you saw, prior to the meeting start, we had some discussions. Rush Scott is here, who is a next door neighbor. She and her father had objected at the planning commission hearing. We talked to them and reached an agreement that we'll terminate proceedings in this and you all would go ahead and give approval to the zone change. It will involve us filing a variance at the Board of Adjustment and some other matters, which we've reached an agreement between ourselves on. So, at this point, I think it's appropriate for you all to take a vote. Ms. Scott may want to stand up and confirm here if she wants to on that, but we have reached an agreement here. Would you like to give your name and address and affirm? My name is Rush Scott. I live at 113A Kentucky Avenue, the property adjacent to the proposal. I confirm everything that Mr. Murphy has just previously stated. Thank you. Are there any discussion from council members? Mr. Blevins? So, there's no need to adjust the findings of fact or anything from the planning commission. We're going to approve it as is. I just want to make sure you understand this is your last chance to get any of this into the record and if we do what I just said, they can walk out without doing anything that they've agreed to, at least is the way I read it. Are you sure that's what you want to do? The only thing we can bind them with is what we do is any parts of conditions on this zone change hearing tonight unless you all have something in writing or some other agreement. And I'm not saying that Mr. Murphy would do that. I'm just saying this is what you're walking away from. If you would just come to the mic, please, just for the record, I'm sorry. I am aware, thank you. Mr. Murphy and I have agreed and understand fully. Thank you. Is there any other council members? At this point, Commissioner, I ask you, would they go ahead and do the findings of fact then? I want to make sure I understand. Is the appeal, Dick, being withdrawn? As I understand, that's what the agreement is? Yes, the appeal is being withdrawn and so I think you can just take your vote on an ordinance as on any other case where you don't have a hearing on it. So, Ms. Scott, you're waiving your right to a public hearing and you're satisfied with the recommendation of the Planning Commission? Based on what Mr. Murphy and I spoke about, we will be filing and so what is this that we are going to be doing? A variance request. With the variance request, that will meet certain obligations. Yes. So you're withdrawing? Based on that and based on what we have talked about, I do withdraw. Okay, very good. Mr. DeCamp? Mr. Chairperson? Okay, I'm sorry. Yeah, I think it would be appropriate, Council Member DeCamp, based on what was just testified to, that you all can go ahead and approve the ordinance at this point. Right, I make a motion that... I'm sorry, the findings... Well, actually, you're adopting the recommendation of the... Right, so we don't have to do the findings, in fact. I believe that would be correct. You're simply adopting the recommendation of the Planning Commission. I make a motion that we adopt the findings, which are in front of us, that have been forwarded by the Planning Commission. We have a motion and a second. Any discussion? Could you take the vote, please? Who seconded that, please? Mr. McChord? And the motion was again to... Would you restate the motion, Mr. DeCamp? To approve this zone forwarded from the Planning Commission. Okay, Mr. McChord? Yes. Mr. Myers? Yes. Dr. Stephens? Aye. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blevins? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. James? Yes. I believe that is everybody. That is passed. Do I have a motion to adjourn? Before you do, I want to apologize to everyone here about the Law Department not having a representative here this evening. I'm very, very sorry for the confusion and the delay that you all experienced. Thank you. There was actually a miscommunication because it wasn't on our work docket, so I'm sure there was some confusion on that. We apologize to everybody who's been waiting around in the audience, too, for not being here and not starting on time. But thank you, and we are adjourned.