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205 After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Mercer, that Ordinance No. 1055, to be read by title only and waiving further reading thereof, approving the application of Devcon Construction, Inc., to rezone an approximately 14 acre site on the west side of Rheem Drive between Trenery Drive and Mohr Avenue from the I-P (Industrial Park) to the PUD (Planned Unit Development)- Industrial District subject to the three conditions set forth in staff report SR 82:404, but modifying Condition No. 2 to require development plan approval by Planning Com- mission and City Council, be introduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None Resolution of Necess~y-RealiSnment of East Side of Johnson Drive at Hopyard Road Mr. MacDonald presented the report of the Assistant City Attorney (SR 82:402) dated October 5, 1982, regarding this matter. Mr. Michael Nave, Lynch and Nave, elaborated on the amount and location of the property necessary to accomplish the realignment project. Mr. Warnick stated this is a key intersection and the project needs to be done at one time and should be started as soon as possible. Mayor Butler declared the public hearing open on this item. Mr. Thomas L. Bardet, Senior Real Estate Representative for Mobil Oil Corpora- tion, stated he felt his company has been treated shabily; that he had only heard some of the proposals at this meeting. He stated that if complete access to the Mobil Station is denied then the business will have to shut down, as it is a drive- in facility. He stated he is here to make know Mobil's absolute strongest objection to any relocation or denial of access to their property. Mr. Will Urban, representing Shell Oil Company, stated his company is satisfied with the negotiations but is concerned about the term "condemnation". Mr. Nave stated the agreement with Shell Oil Company has been tentatively agreed upon for the transfer of lands to Prudential and should be finalized soon. Mr. Urban stated that Shell Oil Company has no objections to the proposed realignment and property acquisition. Mr. Nave stated there will be some severe impact on Mobil Oil Company but it cannot be avoided and that negotiations with this Company will continue. Mr. Bardet asked about an access easement. Mr. Rugerri, representing Bissell and Karn, stated that the proposed access will be off the existing Mobil property but some land ad- justments and land trades are being considered so that access easements would be within the new property. He stated it is possible to have access points within the new Mobil property. There being no further testimony, Mayor Butler declared the public hearing closed on this item. .. - After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Mohr, that Resolution No. 82-407, finding that the public interest and neces- sity require the project, that the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, and that the property sought to be acquired is necessary for the project; proceed with acquisition of certain land and direct the filing of eminent domain proceedings, be adopted. 10. 10/12/82