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casl of Armstrong Blvd. from i-I Industrial to B-I Business. Thc Planning a,;d Zoning Commission recommends approval of Mr. Kur',:d,:'s request. Motion by Councilmember Cich and seconded by Councilmember !'carson to, adopt Findings of Fact ~025zl relating to Mr. Tom Kurak's request to rezone property from I-1 Industrial to B-I Business. Motion carried. Voting Yes: Mayor Reimann, Councilmembers Pearson, Pcterson and Cich. Voting No: None. Absent: CouncilmemberDeLuca. Motion by Councilmember Pearson and sezonded bv Councilmembtr Cich to introduce Ordinance #89-X to rezone certain property from 1-1 lndu.",t,dal to, B-1 Business. Motion carried. Voting Yes: Mayor Reimann, Councilmembers Pearson, Peterson and -:Cich. Voting No: None. Absent: CouncilmemberDeLuca. Case #4: Request To t?acate Drainage Easements On Lot 3, Bl~,ck 5. Whispering Pines Estates; Case Of Richard And Wendi Jars(m' Motion by Councilmember Peterson and seconded by Councilmember Cich to direc~ City Staff to enter into negotiations with Richard and Wendi Jarson for an a~eement that will resolve the drainage problem if the easement is to be vacated. Further Discussion: Wendi Jarson noted that bills were incurred in building the home; the mortgage loan cannot close until the easement issue is resolved; inquired as to the time line the City is looking at for resolution of the drainage easement problem. Mr. Hartley stated that this case will definitely be on the July 11 Council meeting agenda. Mr. Hartley noted that the proposed agreement arrived at will address liab:.lity, whether or not the improvements remain on the subject property, party responsible for cost of alternative drainage method, how the drainage improvement will be paid for, etc. Mayor Reimann inquired as to who would be responsible if the Jarson home experience flooding. Mr. Hartley stated that he bdieves it would the position of City Staff that the City should not be liable for damage to the property resulting from it being there; whatever alternative drainage method is taken will be taken to lessen the risk of flooding; there i: r. othing that can be done. other than moving the house, to eliminate the risk. Motion carried. Voting Yes: Mayor Reimann, Councilmembers Pearson, Peterson and Cich. Voting No: None. Absent: CouncilmemberDeLuca. Case #5: Request For Site Plan Approval Of Skelgas. Inc.; Case of Kearn Ward: Mr. Banwart reported that Skelgas is requesting site plan approval for a 16' x 24' expansion to the existing office building at 7255 Highway #10 N.W. On June 12, the Planning and Zoning Commission recommended site plan approval contingent upon compliance with the City Engineer's report dated June 6, 1989 regarding screening and blacktop surfacing, but with siding that is compatible with the existing structure. Mr. Jim Goodin, Regional Manager for Skelgas, was present and requested reconsideration and clarification of what portions of the site are to be blacktopped, noting that blacktop does not have a long life when traversed on by heavy propane transports. City Council/June 27, 1989 Page 9 of 15