title
Minutes for the City Council meeting on April 21, 1997
body
PUBLIC HEARING - 5:30 P.M. - A public hearing was held as requested by Mr. James D. Hunt and his attorney, Berl Smith regarding the abandonment of a ten foot drainage easement between Lots 4 and 5 of the David Smith 4th Addition; and unimproved portions of Tina Circle. On September 10, 1996, the Metropolitan Area Planning Commission (MAPC) approved, with stipulations, a rezoning from Residential R-1 to Commercial C-3 for .68 acre (Lots 3, 4, 5, 6&7) of the David Smith 4th Addition. Those stipulations were: 1) Site Plan being submitted and approved by the MAPC; 2) Right of ways to meet Master Street Plan requirements; 3) No development on Lots 3 - 7 until replatted with property on 141, and provide access; 4) Abandonment of Tina Circle right of way; 5) Ownership be in place prior to 3rd reading of City Council. The rezoning ordinance was read one time on September 16, 1996, and a second time October 7, 1996. On October 21, 1996, the ordinance was tabled for four weeks, again on November 18, 1996, for four weeks, and finally pulled December 16, 1996, each time at the request of Attorney, Berl Smith. Councilman Tate expressed concern over granting an abandonment without granting the rezoning. Mr. Smith explained it was his intent to have the third reading of the rezoning ordinance and the abandonment ordinances heard at the same time. Mr. Dan Mulhollen, engineer for the project, stated even though it was not reflected in the minutes, the rezoning was tabled 7 months because the Council had requested a replat. It was explained to Mr. Mulhollen the minutes only reflect motions and comments made to the Clerk, not private conversations taking place among different parties. Mr. Wayne Miller of 208 Bettie Street spoke in opposition to the abandonment, stating that part of the drainage ditch was abandoned by earlier construction, and granting further abandonment, will cause even more water to drain into hi...
Click here for full text