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HomeMy WebLinkAboutMinutes City Council - 10/16/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 16, 1968 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. W. J. Roberts City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend Tom McClung, Pastor of Wesley Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of October 9e. 1968, were approved as submitted to the Council. Motion by Bradley, seconded by Roberts and passed, that the absence of Commissioner McDaniel be excused for cause. Mayor Blackmon recognized members of the Student Council from Mary Carroll High School, and read and presented Certificates of Attendance to Butch Barrett, Susi Jordan, Melinda Smith, Donna Tullos, Beverly Mrazek, and Terry Ulatoski. Mayor Blackmon read and presented proclamations relative to the following: NAVY DAYS, Friday through Sunday, October 25 - 27, 1968, in recognition of the many valuable contributions made by the Navy through their active participation in virtually every phase of our community life since its location in 1941, and urged the citizens to manifest appreciation of their being a part of the community; received by Commander John Foley and Mr. Arthur Elliott, President of the Navy League; PINAFORE DAY, Wednesday, October 23, 1968, directing the attention to the superb service being rendered by "ladies in pinafores"; received by Mrs. Harry R. Strickland, sponsor of the organization; B°NAI ISRAEL SYNAGOGUE WEEK, October 18 through 25, 1968, expressing support and good wishes for this institution which has contributed so great a part in the City's development, and in commemoration of its 25th anniversary, received Se Minutes Regular Council Meeting October 16, 1968 Page 2 by Mr. Herman Josephs; CLEANER AIR WEEK, October 20 - 26, 1968, as a reminder of the costly damage of destructible air pollutants and ways and means of abating this nuisance, to be mailed to the State Health Department; NATIONAL COUNCIL OF TEACHERS OF MATHEMATICS DAYS, October 17 through 19, 1968, in recognition of the achievements these teachers have made in providing the best mathematics program possible, received by Miss Frances Dushek, Publicity Chairman, and Mrs. Betty Petty, President of the Organization; NATIONAL BUSINESS WOMEN'S WEEK, October 20 - 26, 1968, in recognition of the achievements and contribution to the stability and economy of our country, sponsored by the National Federation of Business and Professional Women's Clubs, Inc., and received by Mrs. Robbie Albright and Mrs. Ruby Lee Shaper. Mayor Blackmon announced the scheduled bid opening on construction of storm sewers on Jamaica, Caribbean, Waldron and Whitely Drive. A representative of Heldenfels Brothers, the source of the only bid received, appeared and requested that the bid not be opened unless the Council is prepared to award the bid to them, on the basis that it would prove an unfair disadvantage in the event the Council decided to reject it and readvertise the project. Mayor Blackmon explained that Heldenfels Brothers would have the privilege of withdrawing the bid, but that the Council could not, at this time, commit itself that the bid would be awarded inasmuch as it must be tabled for at least 48 hours for tabulation and recommendation. Following a determination as to what basis the Council might reject the bid, the Heldenfels representative agreed to submit the bid for opening. The foregoing bid was accepted, read, and tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon read and presented an HONORARY CITIZENSHIP CERTIFICATE to Dr. Phillip Thorek, noted Chicago surgeon, who flew from Japan the past week to participate in activities of the Convention of the Texas Academy of General Practice 196th annual Scientific Assembly held in Memorial Coliseum, and directed that the Certificate be mailed to Dr. Thorek. Minutes Regular Council Meeting October 16, 1968 Page 3 Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "p", deleting Item "e", be accepted, and that the requests and recommendations be granted and approved as follows: a. That the award of bid on Three Wheel Motor Vehicles be made on the basis of low bid meeting specifications on the following: WATSON DISTRIBUTING CO., INC. of San Antonio - 2 - 3 -wheel motor vehicles with cab and cover @ $2,990.00; 1 - 3 -wheel motor vehicle @ $1,220.00, for a grand total of $4,210.00; (Bid Tabulation 049-68) b. That an appropriation in the amount of $720 for payment of appraisal services by T. Richard Clower, of which amount $420 is applicable to Project No. 250-64-36.5, Hilltop Interceptor Sewer, and $300 applicable to No. 250-64-36.9, Hilltop Main, be authorized; c. That an appropriation in the amount of $725 for acquisition of Parcel No. 14, from owner, Martha S. Davis Van Metre, applicable to Project 250-64-36.5, Hilltop Interceptor, Line 34-A, Section II, be authorized; d. That the farm lease with Tommy Bernsen be extended for three years involving 35 acres at the Stevens Filtration Plant, said lease having averaged $557 per year payments based on 1/3 and 1/4 plus $1 .00 per acre per year; e. (Deleted) That the 37 acres; of excess City Property at Rodd Field Road and Yorktown Boulevard be advertised for bids for sale, be granted. f. That the authority to advertise for bids for the sale of excess City property located at Doddridge- Weber Parkway -Pope Drive, to be received November 19, 1968, be granted; g. That the issuance of Change Order No. 2, applicable to the Casey and Glass contract for the H.E.B. Tennis Center, Court Repairs, by increasing the scope of work to include tennis court repairs at T.C. Ayers, Easley, and Hillcrest Courts, be authorized, and that appropriation and reappropriation from funds currently budgeted in Park Construction Activity 4122, Code 502, in the amount of $5, 125.00, be authorized; Minutes Regular Council Meeting October 16, 1968, Page 4 h. That an acceptance agreement, including certain additional statements of the associated firm of Caudill, Rowlett, Scott, and Swanson, Hiester, Wilson, Boland, covering planning services for a convention facilities study, be approved, and that an appropriation and reappropriation from funds currently budgeted in Coliseum and Exposition Hall, Code 502, in the sum of $38,800 for architects' fees for this project, be authorized; i. That the name of the roadway known as Lexington Center Frontage Road, located between Padre Island Drive and Ayers Street, be changed to "Civitan Drive"; j. That the authority to advertise for bids on 116 passenger vehicles and trucks and 39 truck bodies, also 13 vehicles for Nueces County and 2 for Corpus Christi Independent School District, to be received November 5, 1968, be granted; k. That the acceptance and final payment of Estimate No. 6, in the amount of $25,823.78, previously appropriated, representing the balance due King Construction Company for completion of construction of Everhart Road, Avalon to Staples, and the Gollihar Road, Ayers to S.H. 286, improvements, be approved; 1. That the date of November 6, 1968, 3:00 p.m., be set for a public hearing to determine the desirability of having Cable Television for Corpus Christi; m. That Zoning Application #1267-10, Dr, N. H. Morgan, for change of zoning from "R-2" Two-family Dwelling District to "A-2" Apartment House District, to construct two apartment buildings, each containing six efficiency units, on a 5.11 foot portion of Lot 35 and all of Lots 36, 37, 38, and 39, Block 812, Port Aransas Cliffs, on which a public hearing was held February 5, 1968, be denied, on the basis that the property nearby has since been rezoned for professional office use; that no progress has beenmade on the required site plan; and that the applicant no longer wishes to pursue the project; n. That Zoning Application #1067-1, Mr. Julian Puente, for change of zoning from :'R -IB" One -family Dwelling District to "B-4" General Business District for an automobile mechanics and repair shop, on Lots 15, Block 3, Molina Subdivision No. 1, on which a public hearing was held November 22, 1967, be denied, on the basis that the change would not be compatible with the Code Enforcement Program in that area, and that Mr. George Prowse, representing the applicant, had been notified and requested action be deferred for 90 days or more; Minutes Regular Council Meeting October 16, 1968 Page 5 o. That an agreement with Padre Island Investment Corporation concerning park dedication requirements of subdivisions being developed by Padre Island Investment Corporation, located between the boundary dividing Mustand and Padre Island and the boundary dividing Kleberg and Nueces Counties, whereby the firm will set aside and develop private parks which the City may later take over and maintain as public parks by paying the developer for costs normally incurred, be authorized; p. That a contract with Padre Island Investment Corporation, providing for the construction of Subdivision Improvements in Padre Island -Corpus Christi, Borateria Bay, Unit 4, on or before November 1, 1976, be approved. ORDINANCE NO. 9071-1/2 THIRD READING OF AN ORDINANCE GRANTING A FIVE-YEAR EXTENSION TO THE FRANCHISE GRANTED IN ORDINANCE NO. 6757, ENTITLED "AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI FOR DISTRIBU- TION AND SALE OF NATURAL GAS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS PROVIDED BY THE CHARTER." The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absnet. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE UPTOWN KIWANIS CLUB OF CORPUS CHRISTI, TEXAS, LEASING UNTO THE SAID UPTOWN KIWANIS CLUB OF CORPUS CHRISTI, TEXAS, A ROOM AND ADJACENT GARAGE IN THE RECREATIONAL BUILDING OF KIWANIS FIELD, CORPUS CHRISTI BEACH, CORPUS CHRISTI, TEXAS, SAID LEASE BEING FOR THE TERM OF FIVE (5) YEARS, BEGINNING JULY 10, 1968, AND ENDING JULY 9, 1973, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS SET FORTH IN THE LEASE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9072 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, Ile Minutes Regular Council Meeting October 16, 1968 Page 6 AS AMENDED, UPON APPLICATION OF PRESCOTT CHRISTIAN CHURCH, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 13 THRU 19, BLOCK 5, TRACY ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY, The Charter Rule was suspendedand the foregoing ordinance was passed by the following votes Blackmon, Sizemore, Bradley, Lozano, Jimenez, and Roberts, present and voting "Aye"; McDaniel was absent, ORDINANCE NO. 9073 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $725 FOR ACQUISITION OF PARCEL NO. 14, HILLTOP INTERCEPTOR, LINE 34-A, SECTION II, APPLICABLE TO PROJECT 250-64-36.5; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE THE AFORESAID PARCEL NO. 14, FROM THE OWNER, MARTHA 5. DAVIS VAN METRE, BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the fore ;oing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 90%4 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $720 FOR PAYMENT OF APPRAISAL SERVICES BY T, RICHARD CLOWER, $420 OF WHICH IS APPLICABLE TO PROJECT NO. 250-64-36.5, HILLTOP INTERCEPTOR SEWER, AND $300 IS APPLICABLE TO PROJECT NO. 250-64-36.9, HILLTOP MAIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9075 CLOSING THAT PORTION OF LA BRANCH STREET, IN ROLLING ACRES ADDITION, EXTENDING FROM THE SOUTHWESTERN CORNER OF TULOSO MIDWAY SCHOOL DISTRICT FIFTEEN -ACRE TRACT, WESTWARD TO THE WESTERN END OF LA BRANCH STREET; RESERVING, HOWEVER, UTILITY EASEMENT TO THE CITY FOR ALL UTILITIES AND STORM SEWER PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent;. Minutes Regular Council Meeting October 16, 1968 Page 7 ORDINANCE NO. 9076 RECEIVING AND ACCEPTING CONSTRUCTION OF EVERHART ROAD, AVALON TO STAPLES, AND THE GOLLIHAR ROAD, AYERS TO S.H. 286, IMPROVEMENTS, APPLICABLE TO PROJECTS NO. 220-67-89 AND 220-67-86, RESPECTIVELY, AS PERFORMED BY THE CONTRACTOR, KING CONSTRUCTION COMPANY, UNDER CONTRACT DATED FEBRUARY 14, 1968, AUTHORIZED BY ORDINANCE NO. 8756; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 6, DATED SEPTEMBER 27, 1968, IN THE AMOUNT OF $25,823.78; A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO, 220 STREET BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9077 CHANGING THE NAME OF THE ROADWAY KNOWN AS LEXINGTON CENTER FRONTAGE ROAD, SITUATED BETWEEN PADRE ISLAND DRIVE AND AYERS STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO "CIVITAN DRIVE"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9078 AUTHORIZING THE ISSUANCE OF CHANGE ORDER NO. 2, APPLICABLE TO THE CASEY AND GLASS CONTRACT FOR H.E.B. TENNIS CENTER, COURT REPAIRS, BY INCREASING THE SCOPE OF WORK TO INCLUDE TENNIS COURT REPAIRS AT T. C. AYERS, EASLEY, AND HILLCREST COURTS; APPROPRIATING AND REAPPROPRI- ATING FROM FUNDS CURRENTLY BUDGETED IN PARK CONSTRUCTION ACTIVITY 4122, CODE 502, THE SUM OF $5,125.00 FOR CHANGE ORDER NO. 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9079 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED,UPON APPLICATION OF DR. EVERETT L. HOLT, BY GRANTING A SPECIAL PERMIT ON ALL OF LOTS 10 THROUGH 18, BRATTON PLACE, AN ADDITION Minutes Regular Council Meeting October 16, 1968 Page 8 TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY„ TEXAS, TO CONSTRUCT THIRTY APARTMENT UNITS, A "ONE HOUR MARTINIZ'.NG" PLANT, A BEAUTY SHOP, A DRUG STORE AND TWO OTHER OFFICES, SUBJECT TO A SITE PLAN TO BE APPROVED BY THE PLANNING STAFF, A COPY OF THE SITE PLAN BEING ATTACHED HERETO AND MADE A PART HEREOF, AND SUBJECT TO CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO, 9080 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ACCEPTANCE AGREEMENT, INCLUDING CERTAIN ADDITIONAL STATEMENTS OF THE PROPOSAL OF THE ASSOCIATED ARCHI- TECTURAL FIRMS OF SWANSON, HIESTER, WILSON, BOLAND AND CAUDILL, ROWLETT, SCOTT, COVERING PLANNING SERVICES FOR A CONVENTION FACILITIES STUDY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING OUT OF FUNDS CURRENTLY BUDGETED IN COLISEUM AND EXPOSITION HALL, ACTIVITY NO, 4161, CODE 502, 1' -IE SUM OF $38,800 FOR THE ARCHITECTS' FEES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9081 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION CONCERNING PARK DEDICATION AND IMPROVEMENT OF CERTAIN PARCELS OR TRACTS OF LAND LOCATED ON PADRE ISLAND, NUECES COUNTY, TEXAS, SITUATED BETWEEN THE BOUNDARY DIVIDING MUSTANG AND PADRE ISLANDS AND THE BOUNDARY DIVIDING KLEBERG AND NUECES COUNTIES, TEXAS, CONTAINING APPROXIMATELY 3800 ACRES OF LAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9082 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION, PROVIDING FOR THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN PADRE ISLAND -CORPUS CHRISTI, BARATERIA BAY, UNIT 4, ON OR BEFORE NOVEM- BER 1, 1976, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 011 Minutes Regular Council Meeting October 16, 1968 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9083 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR SERVING OUTSIDE CITY LIMITS CUSTOMERS IN AREAS 1, 2, AND 3, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel was absent, City Manager Townsend presented t!;e matter of Zoning Application #1264-2, M. D. Gowland, Trustee, located on the northeast come, cf Williams Drive and Everhart, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on which a public hearing was held by <hc City Council February 10, 1965, and at that time was approved subject to a replat with n 30 -foot setback on the Everhart side of the property. He explained that on August 14, 1968, the case was reviewed by the Council and denied on the basis that it would be in conflict with the Everhart Pian, and that the plat had not been filed; that the Staff had contacted the applicant at which time he stated he was still interested in the zoning and was in the process of preparing a plat for submission to meet the requirements. Mr. Townsend stated he had been in conference with Mr. J. B. Trimble, attorney for the applicant, the past week, and Mr. Trimble allegied that he had informed the Planning Staff that he was unaware of the requirement for a plat at the time the zoning was granted, but had promised that the plat would be filed and placed on record and had employed Urban Engineering to prepare said plat, that while in this process, he had received notice that the Council had denied the application on August 14, 1968. Mr. Townsend stated that Mr. Trimble is now requesting that the Council re -open the case for further consideration. Minutes Regular Council Meeting October 16, 1968 Page 10 IND Mr, Trimble appeared in behalf of the request and stated that he is basing his request on the fact that he had not received notice that the matter was being brought before the. Council for consideration, and that he did not have an opportunity to appear and be heard; that he is requesting that the matter be reconsidered and that the action of the Council of August 14, 1968, denying the zoning, be rescended, and that the owner be allowed to file the plat prepared by Urban Engineering. The Council agreed that the only alternative would be that the applicant resubmit the request in the usual procedure, but that in view of the fact that the applicant was not advised that the case was being considered, the City would waive the filing fee. Mrs. R. C. Mayfield appeared and thanked the Council for the time spent in the interest of rezoning Hillcrest area, and inquired if dissenters would be allowed to contest determinations made at the hearing held October 8 at Crossley Elementary School. Mrs. Mayfield requested that a cross street opened through to Port Avenue be included in the plan, and suggested that at the end of Hulbirt Street would be a logical place to cross over to Port. She also requested that the drainage problem, resulting from Bagwell Street being higher than Palm Drive at the point where the streets intersect the Freeway which prevents the water from reaching the drain, be corrected. Mr, Townsend advised Mrs, Mayfield that the drainage problem has been considered and included in the overall plan, and stated that the suggestion that Hulbirt Street be opened to Port Avenue has merit and will be given due consideration. There being no further business to come before the Council, the meeting was adjourned.