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USE PERMIT (U-3-59) The Commission considered the application of Jessie and Edith Morgan for a use Faith Temple permit to conduct church services in Faith Temple, Church of God in Christ, on property located at 905 Adams Avenue, between Cunningham and "I" Streets, legally (Continued later in described as a portion of the SW¼, SE¼, SE¼, NE¼, Section 28 T20S, R61E, in an these minutes) R-1 zone. Denial was recommended by the Board of Zoning Adjustment. The building was constructed for residential use; however, it is being used as a church. The Building Department advises that the building does not meet the Building Code, the Fire Department declares it is a fire hazard. The Engineering Department recommends connection to the City Sewer and to the water distribution system. The Board of Zoning Adjustment advises the applicants that if they could submit substantial proof that they could meet all of the requirements, they would then reconsider this application. There were three protests. Planning Director Bills stated that the recommendation of the Zoning Board is based completely on reports of the various City Departments and Agencies as heretofore set forth. He further stated that they had not been able to get any kind of a plot plan. Reverend Morgan spoke from the audience stating that they were connected with the City Sewer and that they are paying sewer rental and also that they have water. He said that they have submitted a sketch of the building plan showing what they request to do. Mr. Bills stated that in the resolution adopted by the Zoning Board that he felt it makes a very true presentation of their position. They go on record stating that they will give serious reconsideration at such time as it is shown that this property can come somewhere near to meeting the Codes. -0O0- At this time Mayor Pro Tem Whipple stated that is was time for the scheduled bid opening and public hearing and continued this application for use permit until later in the meeting. -0O0- BID OPENING NO. 59.09 This being the time heretofore set for the bid opening of Bid No. 59.09 for one-half (½ Ton Pickup Truck) ton pickup, bids were received as follows: Referred to Public Works Sellman Automobile Co. (1959 Dodge D100) $1,883.10 Gaudin Motor Co. (1959 Ford F100) 1,824.87 Community Chevrolet Co. (1959 Chevrolet 6) 1,864.23 Clark County Wholesale (1959 International A-112) 1,680.84 Commissioner Sharp moved that the foregoing bids be referred to the City Manager and Director of Public Works for study and recommendation. Motion seconded by Commissioner Fountain and carried by the following vote: Commissioners Bunker, Fountain, Sharp, and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor C. D. Baker. PUBLIC HEARING Mayor Pro Tem Whipple asked if there was anyone present who wished to protest this Assessment District assessment district. 100-43; Street Lighting, Main Street-Bonanza to Director of Public Works Sauer stated that there were 18% against, 53% in favor and 28% Owens from which no replies were received. He further stated that the estimated cost is $3.00 per front foot and there are 8,924 lineal feet involved. City Attorney instructed to prepare ordinance Mr. Carl A. Huffey, 1500 South 7th, a property owner along North Main Street asked how creating district this was rated. Mr. Robert Ruffin of the Engineering Department explained that is is based on the percentage of front footage involved and it does not depend on the number of people or number of parcels involved. Mr. Huffey went on to say that he was against the assessment district on the basis that the price of it is too high. He asked if the City had a list of the signers of the petition for the street lighting and Mr. Sauer informed him that the City does have this list, and that notices were sent out to property owners and that an informal public hearing was held January 19, 1959, at which time this estimated cost was given out. Mayor Pro Tem Whipple informed Mr. Huffey that this hearing was the formal public hearing on the assessment district. Commissioner Sharp asked if there was anyone present in favor of the assessment district and a Mr. Reed Wittwer and Mr. Lee Speirs stood and stated that they were in favor of it. Mr. Wittwer said that he was at the informal hearing on January 19, 1959; and that the estimated cost was given at that time. His opinion was that most all of the property owners were in favor except a very few. Mr. Sauer stated that the lessees were stricken off the list and there are still 71% in favor and that 53% have written in signifying their desire for the assessment district. Mr. Ruffin stated that the 71% represents the front footage and the 53% the property owners. Commissioner Fountain moved that the City Attorney be instructed to prepare the Emergency Ordinance creating the district and directing the preparation of the Assessment Roll and setting the date of the public hearing on the assessments. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Bunker, Fountain, Sharp and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor C. D. Baker. USE PERMIT (U-3-59) The Commission again considered the application of Jessie and Edith Morgan for a use Faith Temple permit to conduct church services in Faith Temple, Church of God in Christ, on property located at 905 Adams Avenue. Denied Joseph Cleary spoke from the audience stating that it would take time to bring this (Continued from earlier building up to the requirements of the City and asked for a chance to do this, and that in these minutes) if there were more churches this would be a better world. Mayor Pro Tem Whipple informed him that no one opposes the right to worship but reminded him that the City does have a building code to be met. Mrs. Edith Morgan spoke from the floor stating that first they applied for a permit to hold their services in a tent 3-4-59