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Session 1790 August 7, 2000 Wanda Gordon, 1067 Purcell, is strongly opposed to the Sonic Restaurant and wishes the Council to deny this conditional use permit. The traffic is horrible here already and she worries about the type of people the Sonic will attract. Mr. James Smith, 6853 Bartmer, is strongly opposed to the Sonic Restaurant. Mr. Schoomer moved to table this issue in order to deal with the vacation of the property. Mr. Munkel seconded the motion to table. Mayor Adams asked for a roll call vote. AYES: Mr. Munkel, Mr. Schoomer, Mayor Adams. NAYS: Ms. Coiquitt, Mr. Wagner, Mr. Lieberman, Mr. Sharpe. The motion to table failed 3 to 4. Mr. Munkel wished to address the applicant. Mr. Munkel asked about the number six condition that the speakers not be audible beyond the property lines. He thought that Sonic had outside music speakers in addition to the menu order speakers. He asked if this was the plan for this Sonic. Mike Bailey, 101 Park Ave., Oklahoma City, is the Director of Real Estate for Sonic Corporation and responded that there would be no lot music. The speakers are bank quality and will not be audible from any distance at all. Mr. Munkel's concern was with the music speakers. After some research that he had done with a couple of existing Sonic's in other communities, he believes that music would be an intolerable burden on these neighbors. Mr. Bailey agrees and stated that Sonic is also agreeable to all of the other conditions as well. Mayor Adams called the original question. Mr. Schoomer called a Point of Order. Mr. Schoomer explained that he believes that the motion to defeat must carry the grounds for denial in order to give it standing in court. Mr. Ollendofff responded that the Plan Commission minutes indicate the legal findings that must be made. It is assumed that when Council makes and approves a motion, that those findings are being answered either in a negative vote or in a positive vote. Mayor Adams called the original question again, which was to deny this conditional use permit. All voted aye to deny, except for Mayor Adams, Mr. Munkel and Mr. Schoomer who voted Nay. The conditional use was denied 4-3. Mayor Adams asked Mr. Ollendofff to make sure that the environmental inspector gets out to the print shop at 6901 Olive and have them issue appropriate violations for the deteriorating driveway, parking lot and any other problems that may be found. Ms. Colquitt stated that they are not discouraging Sonic from coming into University City, but that they should look at spots on Olive that do not back up to residential property. 9