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HomeMy WebLinkAbout07/21/76 COUNCIL UNAPPROVED MI TmS APPROVED MINUTES - CITY COUNCIL - JULY 21, 1976 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Hall, 239 Fourth Street, Bremer- ton, on July 21, 1976, at 9:00 A.M., PDST. Attending were: Commissioner Stewart, presiding as mayor pro tem; Commissioner Schoneman, City Clerk Yeadon, Asst. city Attorney McCluskey and representatives of press and radio. Mayor Jarstad absent. Meeting opened flag Salute and Invocation by Rev. Allan Bratvold, associated with the Bremerton Servicemen's Center. MINUTES: Motion by Commissioners Schoneman and Stewart to approve the minutes of July 14, 1976, as amended, carried. NOTICES OF SEPARATION Dennis H. Wright, Civil Engineer, 7/16/76. Motion by Commissioners Schoneman and Stewart to approve the Separation, carried. NOTICES OF EMPLOYMENT Jane Marie Brower, Extra Help, Com. of P.W. Office, 7/15/76, $2.75 per hr. Mike Russell, Extra, Cemetery, $3.25 per hr., 7/19/76 Ruth Coleman, Extra, Treasurer's Dept., $3.25 per hr. 7/12/76 Kenneth W. Hovater, Extra, Garage, $3.75 per hr. 7/15/76 Julia McInnis, Extra, Water Supply, $3.00 per hr. 7/15/76 Motion by Commissioners Schonenmn and Stewart to approve the Employments, carried. EMPLOYEES RETIREMENT LIST - August Clerk presented the list gross amount of $2,773.08, audited by John Ross. Motion by Commissioners Stewart and Schoneman to approve the payments, carried. PAYROLL VOUCHERS Clerk presented two vouchers: Claims Fund, payroll period June 28 through July 11, 1976, FICA and bank service fees, $5,483.46, audited by John Ross and Salary Fund for same period, gross payroll $156,229.74, audited by Mr. Ross. Motion by Commissioners Stewart and Schoneman to approve the vouchers, carried. EMPLOYMENT & TRAINING PLANNING OFFICE LETTER Clerk read letter dated July 15, 1976, relating to public service employment for fiscal year 1977, which stated that proposals must be hand-delivered not later than Friday, August 6, 1976. Agencies should submit proposals early. CLAIM FOR DAMAGES Jack V. Niemi, $53.99, for plugged sewer line. Clerk stated this will be referred to city's insurance company along with a report from the Water Dept. KEYPUNCH BID AWARD - DECISION DATA INC. Clerk stated bid award was made by City Council on July 7, 1976 but City Treasurer had asked that it be held up until maintenance policy was clarified and until the company made an additional statement with reference with the City's right to cancel the lease if it should be desirable to go to some other system of data input besides card data entry device. This information has now been received and City Treasurer has written a memo dated July 19, 1976, requesting City Council to award to Decision Data Inc. Motion by Commissioners Stewart and Schoneman to finalize the award to Decision Data Inc., carried. RELIABLE STEEL FAB. INC. (Reservoir construction) Clerk read letter dated July 19, 1976, re: retainage on Tracyton Reservoir Contract, in which contractor requests the retainage be deposited with Seattle Trust & Savings Bank, Olympia Branch, as per state law. Motion by Commissioners Stewart and Schoneman to approve, carried. -1- City Council Minutes July 21, 1976 Page two 3RD TRANSMISSION LINE - DiOrio Co. City Clerk stated he had received copy of letter dated July 20, 1976, from HUD addressed to the mayor Attention: Mr. Theroux, relating to Removal of Grant Conditions, which stated that a Notice of Removal of Grant Condi- tions was attached. This was concerning satisfaction of the environmental requirements. Clerk stated that Mr. Theroux had advised that based on this removal the city council could make full award to the low bidder. Council had awarded to DiOrio on July 7, 1976, subject to final certification and release of funds from HUD. Motion by Commissioner Schoneman and Stewart to make the award final, carried. MASSEUSE APPLICATION - Un Ye Bird Clerk presented application approved by Chief of Police and Health Dept. Motion by Commissioners Stewart and Schoneman to approve the application, carried. MASSAGE PARLOR APPLICATION - Pearl Sauna Clerk read memo dated July 16, 1976, from Asst. City Attorney McCluskey which stated he had completed his investigation and find that there are no pending charges against either Mr. or Mrs. Gallegos. Mr. McCluskey explained his findings. Motion by Commissioners Stewart and Schoneman to approve the application subject to the operator meeting all codes, carried. SIDEWALK SALE - Annual Event Clerk presented application of Chamber of Commerce for sidewalk sale in down- town area for July 30 and 31, 1976. Motion by Commissioners Stewart and Schoneman to approve of the application subject to approval by the chief of police, carried. SURPLUS BRASS - Wastewater DiV. Clerk read memo from Wastewater Supervisor Herrmann that there is approximately 100 pounds of salvaged brass and recommended it be declared surplus for disposal in the best interests of the city. Motion by Commissioners Schoneman and Stewart to declare surplus and dispose in the best interests of the city, carried. KITSAP LAKE BOAT RACES Clerk read memo dated July 21, 1976, from Chief Schlie, recommending approval of the race scheduled for Sunday, August 1st, if the Navy approves the use of Camp McKean for the event. Also, recommend Council enact a closure of the lake to all power boats except those involved in the race during the hours of 10:30 A.M. to 6:00 P.M. on that date. Motion by Commissioners Stewart and Schoneman to accept the recommendations of the Chief of Police and approve the scheduling of the race and approve the restricted hours of use of the lake, carried. HOUSING AUTHORITY - Annual Report Clerk stated the report has been filed in his office for fiscal year ended Sept. 30, 1975. CH2M HILL - Subcontract Approval - Sewerage Plan Clerk read letter from CH2M Hill asking the city to concur in an arrangement whereby Jones Associates would be kept involved in the engineering work done within Kitsap County Sewer District No. 5, in connection with the sewer system evaluation survey. City Engineer Parker stated he had always been under the understanding that under the consulting agreement the subcon- tractor could be allowed to do this study and Jones Company has been working for six or seven years on the system and is acquainted with the system and should be able to do the Job as inexpensive as anybody. Also, it doesn't affect the city financially at all. No cost to the city. Motion by Commissioners Schoneman and Stewart to concur in the approval, carried. -2- City Council Minutes Page three July 21, 1976 CH2M HILL - Sewerage Facility Plan - Amendment No. 4 Clerk read letter from CH2M Hill dated July 20, 1976, attaching copies of an amendment to their contract with the City and the County. The amendment adds another condition to the present contract for conducting a sewer system evaluation survey and it is intended to formally establish a stopping point for SSES work in each district; that the amendment was proposed by the City Engineer. Mr. Parker then commented that he had made this suggestion so that when the survey got a certain amount of storm water out of the sewer system they would stop the survey and they had agreed orally to this; that he had checked with Commissioner Schonaman. This would put a limitation on the study. Motion by Commissioners Schoneman and Stewart to approve Amendment No. 4, carried. DEEDS - Right-of-Way, Wheaton & Sylvan Clerk read memo dated July 19, 1976, from City Engineer which attached four R/W deeds from Kitsap County Bank and Mrs. Farrell; recommended the deeds be accepted and recorded. Motion by Commissioners Schoneman and Stewart to accept the deeds, have them approved by the Attorney's Office and have them recorded, carried. ACCIDENT REVIEW AND SAFETY COMMITTEE Clerk read minutes of the committee's last meeting, held July 15, 1976. KINNEY REZONE Clerk read note from Police-Traffic Sgt. Gingrey which stated their recom- mendation is that only ingress be off Naval Avenue and egress be into the alley. Motion by Commissioners Schoneman and Stewart to incorporate this into the re-zone ordinance, carried. PARKING AGREEMENT - Five-Ten Building Clerk read Parking Agreement dated 3uly 20, 1976, signed By Bob Stewart for the parking facility, in which the Five-Ten partnership has agreed to lease adequate parking space within the City parking garage to comply with the parking requirements for the City zoning ordinance; and the finance commissioner states and agrees that there currently is adequate parking space in the garage to meet the requirements of Five-Ten. Also, this agreement may be terminated at will by either party with it being further understood that the Five-Ten has at all times the obligation to comply with the parking require- ments under the City zoning ordinance. Discussion followed and consensus seemed to be that the agreement appeared to be workable; however, the next step would be to see if they qualify for a building permit. SCHOOL DISTRICT RESOLUTION re: COONTZ SITE Clerk read the resolution which resolved that the school superintendent be instructed to explore with the city an agreement which would accommodate the long-range development of the site for recreational area with title remaining with the district; and that such arrangement, properly reviewed by city and district counsel, be submitted to the City Council and the Board of Directors for their consideration. Motion by Commissioners Stewart and Schoneman that arrangements be developed, carried. 10:00 PUBLIC RECOGNITION OF MATTERS NOT ON THE AGENDA: S. J. "Joe" Widen, Rt. 5, Box 167 (Petersville Road), recommended the use of "no left turn" signs at certain difficult intersections; also, recommended left-turn movement lane at the north side Riddell and Wheaton Way. Suggested the "no left turn" signs particularly at intervals on Wheaton Way. Commissioner Schoneman reported the plans for improving the traffic flow in the area. -3- City Council Minutes Page four July 21, 1976 REPORTS OF COMMISSIONERS, ETC. Commissioner Schoneman: 1. Have had a week of smoke testing sewer lines; have had a few problem areas; have found indications of leaks into the sewer lines and to date have found two broken laterals. Suggested need for water or fluid in traps where water is seldom being used, such as a basement drain; otherwise, smoke will filter into the house. 2. Explained interest of Gladys Buskirk of the Make Americal Better Committee in wheelchair ramps to be constructed at intersections and that the Bremerton Board of Realtors has $250.00 earmarked for this purpose; asked for a firm cost of each ramp. Clerk read the letter dated July 19, 1976. Mr. Schoneman stated he would obtain a cost and the work will be part of the street mainten- ance work. 3. Have been making some studies on the east end of the Manette Bridge on how to handle the traffic; that the Asst. City Engineer, Mr. Waring, has come up with a good suggestion and will design to make corrections on how to get on and off the bridge; also, Mr. Schoneman stated he has made several studies of how to get to Perry Avenue and discussed the problems with narrow streets, bulkheads and high expensive job. 4. Have had a study made at 13th and Warren; had a suggestion from a lady that a pole be adjusted and have a report from the engineering department on the number of accidents that have occurred. Can make some modifications to the curb and the pole and this will be done. 5. Had a letter from H.U.D. in regards to making building inspections prior to certain homes being sold. Stated he had a report from the building department and this request would involve quite a large amount of work, would take considerable amount of time and the department does not have the man- power; that they would have to put on additional manpower and would have to make a charge. Commissioner Stewart: 1. Gave a report of bus routes and what is planned and stated he wanted the bus company to live within the budget; that he had told them he could cut bus routes to live within the budget but asked them to make recommendations, because they are closer to the operation than the city. Stated Marine Drive run which is now every two hours would he one hour and twenty minutes and Kitsap Lake run would be one hour and twenty minutes. Eliminate Rocky Point, Erland Point and would not run a bus into Jackson Park. Stated since this was brought up at the last meeting he had one phone call about continuing service; however, had several calls and letter asking not to raise taxes. Another suggestion from the bus company is that senior citizens pay 10¢ per ride with a bus pass. Navy Yard City service will be reduced from every forty minutes to every one hour and twenty minutes. Meeting recessed at 10:20 A.M. Reconvened at 10:30 A.M. HAYNES REZONE Commissioner Stewart stated he lived about 1,000 feet away from the area and Mr. McCluskey stated he would not have to withdraw because he did not live within 250 feet range. Motion by Commissioners Stewart and Schoneman to open the hearing, carried unanimously. Clerk stated he had posted notices, mailed letters and published the hearing as required by the ordinance. Then read Planning Resolution No. 362 which recommended denial. On the minutes, William Amo, 238 Willow, suggested they not be read as all the persons present had been at the Planning meeting and the minutes had been circulated to the City commissioners. Minutes were not read; however, the vote of the Planning Commission was referred to and that -4- City Council Minutes Page five July 21, 1976 seven of nine members were present, six voting for denial and the chairman, Ryan, not voting. Clerk read new correspondence: Sharon Petrowski, opposed. Lloyd and Nina Valentine, in favor. Samuel H. Throm, opposed. Paul F. Sutherland, opposed. Sandi Bronaugh, opposed. Motion by Commissioners Stewart and Schoneman that an Environmental Impact Statement not be required, carried. Asst. City Planning Director explained the rezone application using a map showing land uses in the area; stated there are other proposals for apart- ments in the making; there are vacant pieces of property in the area. Ex- plained the number of units for the apartment and indicated the parking areas; that one is to be on Willow Street which is a cul-de-aac with 40' right-of- way. Also, stated the plan presented meets the requirements of the zoning ordinance in R-2 zone. Then he showed architectural drawings of the proposed building; also, they showed the elevations; stated the height is approximately 38' from the level of Lebo and allowed height is 40' in that zone; however, this does have an exception because of deep rear yard the building could go up to 70'. Elevation on the rear, two floors plus the mansard roof. PROPONENTS Mr. Lance Haynes, applicant, discussed building height, stated it was con- siderably low from what R-2 allows and because of topography the affect is less than a two-story house going up the hill. Mr. Haynes showed a colored drawing of the area, pointed out homes around the site. He recounted the history of the request and the meetings held before the Planning Commission. Stated the design was cut-down. Also, commented he had sent out 30 invita- tions for a meeting with neighborhood and only three persons showed up. Mr. Haynes, using a colored plan, showed parking. Stated would be sufficient parking under the building plus parking on Willow; have three exits. Cited from a letter from Sgt. Gingrey in which it was stated there was no traffic problem and it "looks good". Mr. Haynes stated he later found out that Sgr. Gingrey lives down the street at 226 Apple Street and he later wrote a memo stating he had reconsidered his recommendation and he thought there would be a traffic problem on Lebo; that he had tried to get a meeting with the Police Dept. to obtain facts and figures; that statistics needed were not available; however, he took traffic count and compared with other city streets and Lebo Boulevard; that Lebo Boulevard compared favorably with accident statistics of other streets. Stated this property has never been built on and it is a good piece to build on; bought the property after talking to planning staff and after looking at the comprehensive plan. Mr. Haynes showed pictures of the area; stated buildings in the area were not up to U.B.C. standards; a survey of improvements shows last building permit issued two years ago. He gave street count sheets to Commissioner Stewart. Spoke on density and pointed out there were a number of foundations left from duplexes or possibly triplexes. He showed a drawing of properties he owns in the neighborhood; said there is a very low density and considerable vacant land. Questions were asked of Mr. Haynes. Mr. Lewis Morris, 334 Lebo, pointed out that the pictures used by Mr. Haynes were primarily of the same house with four or five views. Mr. Haynes defended his pictures, explained the purpose and stated the pictures involve four houses and they are the ones that affect the fezone the most. Mr. Jack Mangrum, 320 Willow, discussed the pictures which he said were of his single family dwelling. That he does not need a building permit for what he was proposing to do, i.e. under $500.00 involving a garage and some remodeling. Mr. Morris asked why Mr. Haynes wanted to bring up the accident rate by bringing in more cars and Mr. Haynes denied this was his purpose; that Lebo had greater abilities to handle traffic than almost any other street in Bremerton. Mr. Mangrum asked questions about the information obtained from the Police-Traffic Dept. Betty Arns, 324 Yew Street and William Amo, 238 Willow, asked about the month the traffic survey was made. Mr. Haynes stated dates were not available from Sgt. Gingrey. Mr. Amo asked Mr. Haynes if his modified plan eliminated parking on Willow -5- City Council Minutes Page six July 21, 1976 Street and a fourth floor. Mr. Haynes answered that they were concerned about the parking on Willow and they didn't ask to take off a fourth story because it is only a two-story building. He said he would be willing to take off a whole floor if anyone was asking but no one is. Discussion was held concerning the meeting which Mr. Haynes had invited people to attend and explanation of Mr. Amo was that the neighborhood had a meeting planned to address the rezone and the neighbors felt that their meeting was more productive than his meeting. Mr. Haynes was questioned by Mr. Amo as to the persons who were sent a letter and he said he got list from planning department of those living within 250 feet. Mr. Lewis Morris, 334 Lebo, questioned Mr. ttaynes' assertion that the building is only two or three-story and that fronting on Lebo his pictures show a four- story building with address on Lebo and parking off Lebo. Mr. Haynes explained that according to national standards a story has to be over 50% out of the ground and there are only two stories out of the ground. Bruce Morris, 334 Lebo questioned the terminology of counting stories. Mr. Schoneman asked Mr. Haynes if he had any other use for the land and he said he had no other plans and he may have to wait for the future to use the land; not interested in duplexes as not financially feasible. Mr. Schoneman asked how much fronts on Lebo and he stated 160 on the lower area and 70 on the back. OPPONENTS Sandi Bronaugh, 300 Willow, spoke of heavy traffic; discussed parking as to national average of car ownership 2.4 cars per family thus making this short on parking; in addition to visitors coming to park. Also, noted heavy parking for users of Lebo Field, and have to watch out for people crossing the street. Mike Shaw, 211 Willow, discussed traffic problems; noted that Sgt. Gingrey lives down the street and people living in the area have been told to slow down by him; also, there often is a police officer down by the field who catches speeders. Jack Mangrum, 320 Willow, stated pictures were in the file showing heavy parking that exists when the field has a ball game; stated that 100% of the people on Willow are against the rezone. Also, noted that the signers on the petition filed by Mr. Haynes are not in the immediate neighborhood. Spoke about traffic problems on Willow, as well as parking difficulties. Stated downhill on Lebo going west which causes cars to go too fast; with congestion will be worse situation. Mrs. Cecelia Topness, 206 Willow, asked if the letters to the Planning Com- mission could be read. Discussion ensued. Decided not necessary as letters are noted in the Planning minutes and are in the file available for review. William Amo, 238 Willow, stated there were very few duplexes on Willow; most are resident land owners. Discussed the size of the neighborhood as to land measurement (1200' by 1200') and that apartment property was off- limits to children and the apartments steal a part of their neighborhood. Also, that if the Council approves this rezone the neighborhood will be down trying to stop another one which would be approximately 100' down the line. Mr. Morris complained of another apartment that is proposed 85' away and would be at least 25' higher than his house; would create slum areas as has downtown; and that apartments are a business; would have absentee land owner; tenters are interim; most owners in area were former military; don't need high density. Pauline Machinsky, 321 Lebo Blvd., lives across the street, stated the present residents' investment needs to be protected; they have an obligation to keep their neighborhood R-l; that they had bought at R-1 and want it to stay R-I; they have had an investment for over twenty years. -6- City Council Minutes Page seven July 21, 1976 Resident at 2704 Hefner, spoke of heavy traffic at Lions Field and that there is insufficient parking; that cars park both sides of Lebo Blvd.; and afraid of more acdidents if more people crowd into that little area. Sandi Mangrum, 320 Willow, stated she is the mother of eight children and they bought their home because it was on a secluded street without much traffic. They wanted to have a large family and they wanted to protect this family and they don't want their neighborhood to have statistics of other neighbor- hoods. Spoke of narrow street, 20' wide, and even a duplex on the property would be more than cough traffic on a small street; and stated this fezone if approved would be only the first of others. Also, that regular residents are aware of children but renters and others do not know. Mrs. Haven, 343 Hill Court, discussed the petition opposing the rezone con- taining 93 signatures; that there was no pressure for anyone to sign and only six contacted didn't sign and only two people out of the 99 were for the rezone. Suggested if the Council wanted to allow the wishes of the people should deny the rezone. Commissioner Stewart also discussed the petition method and stated a secret ballot would be better. Tom Deem, 205 Willow, asked about the fact no E.I.S. was being required and Commissioner Stewart stated the City Council did not require. Mr. Deem stated he was concerned with sewage disposal plant which is in this area and there is a bad odor from it. Sewage from this building would go into it and that is an environmental impact. Stated have a cess pool going up and down with the tide. Commissioner Stewart explained about the complex sewer facility plan that the city hopes to get 90% funding on it; that it is a $40,000,000 improvement and people of the city will have to be assessed in some way to pay the matching money. Mr. Machinski, 321 Lebo Blvd., stated he was opposed to high rise apartments that they tend to contribute to crime and lawlessness and the determination of the Council may determine whether he lives in the future in a slum area or a neighborhood. Edwin C. Mill, 213 Willow, stated he and his wife circulated petitions; that he is more concerned about feasibility study of the area; thought the police- traffic covered the point quite well; also, probably will be ten years before the sewer system is corrected and this would only add to the problem. Stated he thought by looking around Sheridan Park they were being spot-zoned out of their neighborhood. Albert Colvin, 341 Hill Court, stated he did not believe it has been shown how the fezone will serve public necessity and public welfare. Also, con- cerning home investors, he asked how can economics be placed on time and that he has been in the neighborhood for thirty years. Discussed the petitions and asked Council to follow Planning Commission's recommendation for denial. Mr. Jack Mangrum stated there was a covenant running with the land there and Mr. McCluskey stated people could sue on their own. Mr. Colvtn asked the record to show they were not asking for denial based on the covenant. Mr. Machinsky, 321 Lebo, read from a clipping concerning a court decision in some other state in which the power of the city voters was upheld to place zoning on areas Commissioner Schoneman spoke of the comprehensive plan adopted in 1965 and that it is a guideline for the future and that changes in zoning have been made during the eleven years, such as to Wheaton Way. Mr. Haynes stated he had considered the covenant on the land and the designed land use does not violate the covenant. -7- City Council Minutes Page eight July 21, 1976 Mrs. Tammy Mangrum, 320 Willow, questioned the two-story statement of Mr. Haynes and questioned whether there would be enough clearance to go under- ground. Mr. Haynes gave statements in rebuttal of testimony; he could fence his property; he is not going to ask for any other rezones in this neighborhood; that other humans have a right to live; that he takes a lot of pride in his design and construction; he would be offering many amenities; will have more parking than required; wouldn't be a big traffic problem from a building the size proposed; would give good housing. Commissioner Schoneman stated that one of the members of the City Council is not here and he should be informed through the tape and testimony and give him an opportunity to vote on this, rather than the two members doing it here today. Suggested delay decision until next Wednesday. Mr. Stewart stated he was willing to make a decision now and he didn't want any more testimony so no one has to come back next week. Commissioner Schoneman stated they should give the mayor the courtesy to be in on the decision. Motion by Conmissioner Schoneman and Commissioner Stewart that next Wednesday at the regular Council meeting a decision will be rendered regarding this property rezone, that it will be first on the agenda; under discussion: Some of those present stated they would like to be in attendance at the time of the decision. There was some complaints about not getting a decision today. Motion was amended by Commissioner Schoneman with consent and second by Commissioner Stewart that the hearing is closed at this time and the only thing is to render a decision which will take place at 4:45 P.M., next Wednesday, July 28th. Amended motion carried. BIDS - BOAT, TRAILER AND EQUIPMENT Motion by Commissioners Stewart and Schoneman to open the bids, carried. Clerk opened the bids and read from the following: Puyallup Marine Inc., $9,039.65, cashier's check for $50.00 enclosed; Glas-Ply Inc., $7,826.80, company check for $50.00 enclosed; Sande Boat Works Inc., $8,394.60, cashier's check for $50.00 enclosed; B & B Marine & Ski, $8.788.46, cashier's check enclosed. Motion by Commissioners Schoneman and Stewart that the bids be given to the proper committee, including the fire and police, for study and recommendation to be given to the City Council and award at the next week meeting, carried. ROGERS STREET WATER PROJECT Clerk read memo dated July 15, 1976, from Water Supt. recommending an 8" main be installed on Rogers between Auto Center Way and Kean Way and the 8' main on Kean Way, estimated cost $10,857.73, by Water Dept. personnel. Motion by Commissioners Schoneman and Stewart to allow this recommendation, carried. BRIARCLIFF RESTAURANT PARKING Letter dated July 21, 1976, from Planning Commission, recommending that the City Council request the Building Department to inform the owners and/or lessees of the Briarcliff of the specific procedures required in order that the building come into conformity with the off-street parking requirements of the zoning ordinance; that there is a way through the "Joint Use Agreement". Motion by Commissioners Schoneman and Stewart to follow the recommendation, carried. HEARING DATES TO BE SET Motion by Commissioners Schoneman and Stewart to set hearing dates as follows: Dornald Shaw, rezone R-1 to R-2, August 18, 1976; Dornald Shaw, vacation request, for September 1, 1976, and City Attorney draw up the necessary resolution, Dornald Shaw, Change of Land Use Restrictions, August 18, 1976, and Joseph R. Vlach, Rezone R-1 to R-2, August 25, 1976; all at 10:30 A.M., carried. -8- City Council Minutes July 21, 1976 Page nine Also, City Clerk informed the City Council of other action by the Planning Commission, that a Special Use Permit was granted to Harry C. Lein for erection of a 24' aluminim radio tower at 1109 Highland Ave., and a Variance was granted to Harvey S. Nelson to erect a 6' fence in back yard at 1518 Winfield Ave. PETTIBON LEASE - ANDERSON CREEK 6.5 Acres Clerk presented lease, copies of which had been circulated since last Council meeting. Commissioner Stewart stated he would vote for the lease if it had the words added to the C.P.I. "for all items". Motion by Commissioner Schoneman and Commissioner Stewart to allow this lease with Pettibon. Under discussion: Commissioner Schoneman gave location and a history of the attempts made to lease by public advertising; had an appraisal in 1970 and at that time the value was $500.00 per month which would be the minimum; however, appraiser says should now be $750.00 per month and Dr. Pettibon has indicated he would construct an office building; he has to have a watermain and, also, lease would not be effective unless he could put in a drainage system. Clerk asked if the city would get a part of any sub-lease income and Mr. Schoneman stated this would be reviewed in five years. Commissioner Stewart stated the lease needs an arbitration Clause" which helps to keep the matter out of court in the future. It was agreed to put this section in the proposed lease. Motion carried. EMERY REZONE - ORDINANCE Clerk presented for first reading, "An Ordinance amending the use and area maps according to Ordinance No. 1792 (Walter Emery)." Motion by Commissioners Stewart and Schoneman to approve the rezone on first reading, by title only, carried, as follows: Commissioner Stewart, Yes; Commissioner Schoneman, Yes. BILLS: Motion by Commissioners Stewart and Schoneman to give blanket approval to vouchers 3273 and 3275 to 3349 inclusive in the amount of $55,032.25, carried. HASELWOOD & CITY - PROPERTY EXCHANGE Clerk read letter from Lincoln R. Perry, on behalf of Haselwood-Perry Invest- ment Company, dated July 20, 1976, which stated they would like to purchase the property which has been previously discussed and believe the averages of the two appraisers plus the property exchange and any costs incurred would be fair and they are desirous of having this on a contract. Appraisals on city property: average $5500; Haselwood/Perry, average $18757 difference $3675. Mr. McCluskey stated the city does not have to go to bids when it is exchanging property. Mr. Stewart favored cash and not a contract. Motion by Commissioners Schoneman and Stewart in favor of the trade and follow proper procedures and it be for cash, carried. Meeting adjourned at 1:37 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -9-