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HomeMy WebLinkAboutMarch 13, 2007 City Council Meridian City Council March13,2007 Page 36 of 49 Zaremba: I move that we approve MI 07-004, relating to the Tree Farm development agreement. Bird: Second. Rountree: It's been moved and seconded to approve Item 17. Any discussion? Seeing no discussion, roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Rountree: Mr. Clerk, if you would get the president back, we will move forward. Item 19: Public Hearing: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development / use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 & 2 by David Waldron - north of Franklin Road and east of Locust Grove Road: Borton: I will open the Public Hearing on Item 19, MI 07 -003, request for a miscellaneous application concerning Sparrowhawk Subdivision No.1 and 2. I will begin this Public Hearing with staff comment. Canning: President Borton, Members of the Council, this is the Sparrowhawk project. It's located on the northeast corner of Locust Grove Road and Franklin Road. The application before you tonight is for a development agreement modification. Just to give you a little background, in 2004 the City Council granted preliminary plat approval for an 11 buildable lot subdivision on 15.8 acres as shown here. The preliminary plat was called Sparrowhawk Subdivision NO.2 and that was because it was previously platted before that. This was resubdivision of a portion of the property. Concurrent with that application was a request to modify the previous approved conceptual planned development to allow about 40,000 square feet of office space, 30 -- close to 34,000 square feet of commercial space, and 6,000 square feet of retail service space and 25,000 square feet of self storage space on those 11 lots. So, there is quite a number of specific uses proposed. The applicant now requests modification to the recorded DA for Sparrowhawk Subdivision Number 1 and 2 to remove the obligation for future uses on all lots to obtain Conditional Use Permit approval. Now, the applicant has provided us elevation and an artist's rendering for the building to be constructed on Lot 8, but not for all the lots. So, I'll show you the one for Lot 8. This is the artist's rendering. I will go back to that. We don't have a site plan. But as you can tell from the lot layout, it is kind of an unusual site plan and did have quite a variety in the drive aisles and the parking lots. We know that Council is generally reluctant to waive the conditional use requirement until they have some idea of the architectural appearance of all the structures. In this Meridian City Council March13,2007 Page 37 of 49 case you have one. Staff has proposed using the architectural and site design standards in the UDC in 11-3-9 -- or 3A.19. So, what we are proposing as a substitute, if the applicant agrees to design -- submit a design review application, along with their certificate of zoning compliance, that that be an appropriate substitute for the Conditional Use Permit that's currently required. We would say that the storage units that were proposed on the north side of the building should not be subject to that requirement. We do have some specific standards for that. It's kind of downhill and it adjoins the -- it transitions well to the industrial properties further north. So, we are recommending approval of that -- of the development agreement modification. You did receive written testimony since the staff report. It wasn't related, really, to this development agreement, it was from Diane Bagley and it was regarding drainage and flooding. Public Works did look at that. They reviewed all their plans. They have proposed kind of an additional condition that we can add to the development agreement, since we are modifying it, to address that concern and that would be prior to issuance of the next building permit within the Sparrowhawk development the applicant shall submit an engineered design, obtain city approval, and construct a drainage system to contain the drainage from the undeveloped portions of the project. This property does sit higher than the adjoining property to the northwest and that's where the flooding problems occurred and I think the Public Works -- or the city engineer can answer additional questions on that if need be. And with that I will answer any questions first or you can ask him questions first, whatever Council would like. Borton: Thank you, Anna. Council, any questions for Anna or Len? Bird: I have none. Rountree: No. Borton: Would the applicant care to come forward. Waldron: Council members, my name is David Waldron, 80 West Cottonwood Court in Eagle. This request is a result, frankly, of an oversight on our part. This property, as Anna said, has quite a history to it. When I took possession of the property two years ago and we requested of you to approve an amended concept and we did get the approval, it was our intention at that time -- and we, actually, did present architectural representation of the buildings that we were planning to build there and -- but we had inherited a development agreement from the prior project and I think, frankly, it just fell through the cracks. When we made our presentation we made quite a point of showing you the quality of the buildings that we intend to build there. Anna showed you one building that's actually under construction and, then, there is a prior one that received a building permit that is also under construction and I have with me another rendering showing the building that we are planning to do next and just to represent to you that we are planning to do very high quality buildings. I also have examples of a prior project. Borton: I hate to interrupt. Can I just have you show that to the public that are here behind you. Meridian City Council March13,2007 Page 38 of 49 Waldron: This is the building that we have currently under construction. And this is the one on the adjacent property that we are planning to move forward with. I think with that and this simply came to light on the second building permit that we were submitting for, so it caught me by surprise, because, frankly, it was not our intention to have to go through 11 CUPs and I guess my main pitch is that I feel that would be an extraordinary burden not only on us, but on the city to do so. With that I will answer questions. Borton: Council, any questions? Bird: I have none. Borton: Mr. Waldron, staff's made reference and the question that gets posed to you is whether or not you're in agreement to submit a design review application for the buildings which would comply with the UDC. Waldron: Well, again, I didn't hear that until just a few minutes ago, so that kind of catches me by surprise. I think if that's what we have to do, we are happy to do that. Borton: Okay. Waldron: But it's -- I guess the awkward thing is we actually have two buildings under construction right now, so it's just kind of an awkward timing issue for us. Borton: Okay. Thank you. Zaremba: Mr. President, I would ask -- Borton: Mr. Zaremba. Zaremba: -- the other question on the drainage issue. Are you in agreement with us adding that as a condition? Waldron: Well, I think we are. In fact, we assumed automatically that every -- every project we would submit an on-site drainage plan, so I think that's a given. I think the neighbor that's making reference to that is -- last summer we had two weeks of pretty heavy rain, some drainage did get down there for reasons of the existing condition of this site. When it gets developed out and each site gets built on, there will be on-site drainage for every project, so that's our intention. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: Question. Some of the testimony received from neighbors appears that the development that's occurred out there in land moving has been less than neighborly and Meridian City Council March13,2007 Page 39 of 49 created some problems and hardships in terms of flooding and irrigation that's not working. Waldron: Right. Rountree: I, for one, would not want to see any change in this particular project until those have been remedied throughout the entire property, not on an individual lot case. To me, the whole solution -- or the whole remedy needs to be in place. I believe you're probably in violation of the state. I believe you're probably in violation of EPA requirements and several others that relate to drainage and control of water and erosion, so I think, you know, unless what we are hearing and seeing is not correct, there is some issues out there that need to be resolved. Waldron: I think there is an explanation and I would like to have my partner, who is the contractor on the job, give you more detailed information about what that condition was, what the current condition is, and, you know, exactly where we stand. Borton: Okay. Please come forward. Give us your name and address for the record. Swigg: Dan Swigg, 2127 Overland Road, Boise, Idaho. Members of the Council. The flooding issue -- this whole site was engineered -- design engineered and approved by the city and it was installed per those drawings. Last year when we had an inch of rain in an hour, there was an old ditch and on the drawings originally that ditch still remained that collected the water, took it around the -- it takes it around here, down here to the irrigation ditch, and over to Five Mile Creek. This ditch was plugged up, we shoveled it out once and, then, the second time we went to shovel it out to prevent flooding, we were denied access to that property. As far as the irrigation ditch, the tiling that was put in, it goes right there. The contractor that installed that pulled that completely out this summer and replaced it at his own expense. It's put in per the manufacturer's specifications of the pipes, so it shouldn't leak and we don't expect it to. We did have a fence issue with this neighbor right here and the fence was on the property line there, came across the property line over here. The neighbor didn't want a cedar fence, but as part of the approved -- approval from city a cedar fence was required and he was concerned about his horses eating it. We moved our fence a foot off the property line and it's, actually, kind of between his fence and our fence, so we are trying to be neighborly as we can and take care of issues that -- those are the only three issues we've had. Borton: Thank you. This is a Public Hearing. Two people have signed up to provide testimony. When I call your name, please, come forward, state your name and address. John Anderson signed up against. Anderson: Council, my name is John Anderson. I live at 120 North Nola Road. I must be the bad neighbor. Right here in that property. That's mine. It sounds like they are going to try and clear up the drainage. They talked about everything I came up to talk about. What occurred last summer that caused the flooding was -- Dan, I believe it was you -- Meridian City Council March13,2007 Page 40 of 49 one evening when it was pouring down rain -- they have reshaped all this property. It's now all draining towards my property. It's going into a ditch that used to probably carry that much in land and it would come back in. Since they have piped all this along here and they piped it on my property to go back in that ditch, it can no longer do it. They put the pipe in too high. My ditch now builds up in the borrow pit and it takes about, oh, I don't know, a foot and a half or two foot of height to even get back in the ditch that used to freely flow in there when it was all open. It was engineered properly, it was not completed and constructed correctly. The fence issue -- I just feel really compelled to talk about this. Part of the trade off when they came in is they allowed them to move the structure onto my property. It used to be on their property. Part of the agreement was they set the fence posts on the line where I was to build my fence. They set a railroad tie there and there. I built my fence. Brand new fence. I came home last fall -- fall before last, took my wife up to a funeral, they had my fence halfway down. Well, it was all the way on the ground and they were starting to pull posts. They told me the City of Meridian instructed them to do that to put up their wooden cedar fence. I went down to the city to stop. I was pretty angry and went down to the city. The city said, oh, no, we didn't tell them to do that. So, I don't know what I did wrong, other than I live there and I put the fence exactly where their engineers and their surveyors put those posts in there, I didn't set them. So, that was another issue. So, back on the drainage, what I witnessed here last year during a big rainstorm, they came in with a four-wheel drive truck and they went up and down and up and down and up and down and up and down the hill and made corrugates. I'm out there screaming at them going it's pouring rain, you're going to drop a bunch of water in that ditch, it can't handle it. And it did. It came a pouring down. I would guess conservatively 40 miner inches, maybe more -- probably more than that, which is somewhere around 280 gallons a minute, if you can picture this, and he came on over and said, well, we got to shovel out your ditch and, yeah, you bet you do and by then it's flooding across the fence. That ditch was never meant to handle that. It was only meant to handle what little bit of irrigation water came off the hill when that property irrigated. I have lived there since '92. Very seldom in all the time it was irrigated prior to the development did I see this ever fill up with water, let alone have any water at all. All the trees on that driveway have died due to lack of water. Come over and see for yourself. We got some regrowth going back. The pipeline that was installed, I don't believe it was by the same original people that -- he's had about three different sets of people in there to fix that. It was installed improperly. They put in piping, I think they have resolved it, but personally I went upwards of 30 days more than once trying to accommodate these guys to be able to put their pipeline back in place, it just kept failing. I work for an irrigation district, Nampa-Meridian Irrigation District. This impacts our district, too. This is what -- the end of the Barker Lateral. Every time we had to do this we really had to hustle to move water. It impacts a lot of people. So, if -- I really oppose you guys taking any regulation and restriction off these guys. I think they need to be watched, they need to be watched closely and held accountable for their actions what they are doing out there. Thank you. I took more than three minutes. Sorry about that. Borton: Thank you, Mr. Anderson. Meridian City Council March13,2007 Page 41 of 49 Anderson: Anybody have any questions? Borton: Any questions? Zaremba: Mr. President, I would just have a comment. I remember from when this project first came to Planning and Zoning, there was a letter from you stating that just this kind of thing was a possibility and I'm sorry that it has come to pass. We thought that through state laws and other things this problem should be prevented, but you identified the possibility of this a long time ago -- Anderson: It occurred. Zaremba: -- and I'm sorry that it appears that it has happened. Anderson: Thank you. Borton: Weldon Stutzman signed up for. Those are the only individuals who signed up to provide testimony. Is there anyone else that wishes to provide testimony on this application? Grady: Mr. President, I may have some clarifying information. We did do a little bit of site inspection this afternoon as we became aware of a drainage issue. What we noticed is in the storage shed area there is some future drainage beds, which mayor may not have been installed. We can't really tell, but all vegetation in that northern area has been stripped away. That probably can't help the whole drainage issue and that's kind of what we were getting at is we really need to get a site plan -- we did speak with the engineer of -- on record and she said, no, that this hasn't -- some of these areas haven't been designed yet. That was her impression. So, really, we need to pull it all together and our proposal was prior to any building permits or whatever criteria you see fit, so -- Borton: Okay. Thanks, Len. Council, any questions of staff? Canning: Sir? Borton: Anna. Canning: I did want to admit to one thing. We did issue a couple building permits in error, obviously. That's why the building permits are in progress out there. It was during the transition to the new staff and some of them didn't know about looking at development agreements, but they all are picking up quite quickly on things like that, so -- and they did catch it on subsequent submittals, so -- and we apologize that that didn't come to you sooner or wasn't addressed exactly as it should have been. Borton: Appreciate you sharing that, Anna. Question for Mr. Baird. Is there -- if the application concerns Conditional Use Permit requirements, is there any rules that Meridian City Council March13,2007 Page 42 of 49 prevent us from amending another section at the same time? 6.3 drainage is not really what brought us here. Baird: Mr. Chair and Members of the -- Mr. President and Members of the Council, the development agreement is before you tonight and it is your opportunity to address the issues that have been raised in front of you. You do have the discretion. Borton: Okay. Would the applicant care to come forward with any final comments or testimony? Swigg: This area right here has-- Borton: Could you, please, state your name again. Swigg: Oh. Dan Swigg. 2127 Overland Road, Boise, Idaho. These areas -- these three lots right here -- they really haven't done anything to those. We do have an approval from the city to do the roadway. I believe. Is that correct, Dave? I know I paid the permit on it. And take care of a lot of these drainage issues that we have been having and develop these lots. With the rainy season coming, if we tie these up in a -- in a -- if we go through a three or four month CUP process for this building lot, it's going to take us even longer to get these drainage issues resolved. When we do build these lots like we did these, we put in the roads and parking lots, the building, and all that drainage is contained and piped into a drainage bed underneath. This is not -- none of this was developed. This was built up and compacted to 98 percent compaction and it -- you can't penetrate it with water and that was per the engineer's recommendations, because that lot is built up about eight foot higher than these lots right here. So, the quicker we can move on it, the quicker we can resolve all these issues and we have a couple more projects coming through and we will take care of those issues. I would like to state that it was the exact same contractor twice, not three times, but he did take care of his problem and fix that drainage issue. And I apologize for the phone. I turned it off. That's alii have to say. Borton: Thank you, Mr. Swigg. Any questions? Waldron: Yeah. I'd like to -- Borton: You've got to state your name. Waldron: David Waldron, Eagle, Idaho. I'm a little taken aback about this lack of cooperation, because I think it's just far far from being true. You know, we have tried everything we could. The fence that Mr. Anderson's talking about was a requirement of the city and we were moving forward to do that and the fence that was there was on our property and I actually contacted Mr. Anderson and said, you know, could you either move the fence or do you want us to do it for you. Well, you know, he just blew his stack and -- but it was not -- you know, nothing we could do about it and I have done lots of projects, you know, I just want to go on record as saying that we were not -- we are not Meridian City Council March13,2007 Page 43 of 49 trying to be bad neighbors, you know, we are just trying to get our project done and as John was just mentioning, you know, we'd like to move forward and be able to develop out those three middle lots and I think that's been resolved -- any issues, so -- Borton: Thank you. Canning: President Borton? Borton: Anna. Canning: With regard to your -- I think concern about the noticing about adding 6.3 to it, there is some logic to the idea that you're just adding -- instead of requiring a Conditional Use Permit, you're adding a condition that applies to all lots. So, I mean I think we are just trying to balance the need for a Conditional Use Permit on all of them by adding some additional conditions. Borton: Okay. Thank you. Bird: Mr. President? Borton: Mr. Bird. Bird: Anna, you say we have mistakenly issued two building permits out there? Canning: Yes, sir. Bird: Can you red tag them and stop them until everything is done right? I know one's-- evidently, one's basically built. Canning: The applicant submitted in good faith. We in error approved it. Generally, in those cases we don't penalize them for our mistake. We don't make it again, but if it were a safety concern or a big concern to Council, we could proceed that way, I believe. I'm getting some nods from behind you, so I think I'm speaking correctly. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: If I could -- and, again, if my memory is helping, which sometimes it doesn't, I would ruminate on the subject of why the CUP requirement was put in there in the first place. As I recall, this was one of the first projects that had a mix of commercial space and residential space pretty well combined in the same application. It may not have been exactly the same, but they were pretty well presented at the same time. And also having frontage along Franklin Road, which mayor may not have been officially established as an entryway corridor at the time, part of the reason for the CUP was because we had no design review process. There were a lot of new things about this Meridian City Council March13,2007 Page 44 of 49 subdivision as it was being presented and so some unknown things about how the future was going to develop around it. With the new Unified Development Code we have covered a lot of things that I think we thought were squeaky in this project to begin with. I would be perfectly comfortable substituting the CUP requirement for a design review requirement, since it's my recollection that that was the point of it in the first place. The water and drainage issue is a separate issue. I believe that needs to be resolved and we do need to put in some pretty strong wording that throughout the entire project there cannot be flooding onto neighbor projects however we solve that. Bird: Mr. President? Borton: Mr. Bird. Bird: And I think that's where -- that's my feeling of why you don't take away the CUP, is because that's how you can take and make sure the drainage and stuff is taken care of. I'm for leaving it just like it is and making sure that we adhere to the development agreement before building permits are issued. Borton: This is a Public Hearing. Is there any additional information we need from staff or the applicant? Canning: Sirs, one option we have got prior to issuance of the next building permit, but I don't believe occupancies have been issued, if that is a better solution for Council. Borton: Anna, are you suggesting that the 6.3 amendment reference that prior to issuance of an occupancy permit within the development the applicant shall -- Canning: It's a possibility. I don't know how close he is to completing it and how long the drainage plans would take to get approved and constructed is what it says now, so that would certainly light a fire under them. But it may not be fair to the person who is waiting to move in next week. Borton: In light of that, does the applicant have any comments on the proposed 6.3? Please come forward. And state your name. Swigg: Dan Swigg. Borton: Thank you. Swigg: This is a project that's under construction and this lot here. These two lots do have on-site draining. The parking lots are done. The drainage is installed. The roof drains are tied into those drainage systems, so -- we don't own this one and we don't own this one. But I think it would be unreasonable to put that requirement on these two people, since they already -- at least these six lots are already in compliance with the drainage issue, it's just these three undeveloped lots that we haven't done anything with and we are working on taking care of that. That's all I have. Meridian City Council March13,2007 Page 45 of 49 Bird: Mr. Swigg? Borton: Mr. Bird. Bird: Where do those drain? Where does the drainage -- Swigg: Part of the overall plan is all these have underground drainage trenches put in in the parking lot and we haven't done anything with these three lots. They were just cleared and graded and the landscaping that was required was put in around the perimeter and that's all we have done with these three lots and this lot. Bird: Were are those drainage going to? Swigg: These go into underground drainage retention ponds. Bird: They have got retention ponds? Swigg: Well, retention swales underneath the ground -- Bird: Swales. Swigg: -- in the parking lot, so -- Bird: And they are staying right on the existing property? Swigg: Yeah. Yeah. If you look -- I have got a drawing here. If you look at the six lots, they are not there no more, but those are developed, they have curb, sidewalks, picniC areas, all the requirements for those lots. And we do -- we will correct the drainage problem and that's part of the next phase of development and, like I said, we already have a permit for that and it has been paid for, we just are waiting for Ada county to sign off on the plat -- Ada county to sign off on the plat, so we can finish that work Borton: Thank you. Bird: Thank you. Borton: Council, any additional information of staff or the applicant? I would entertain a motion on Item 19. Bird: I move we close the Public Hearing on MI 07-003. Zaremba: Second. Borton: It's been moved and seconded to close the Public Hearing on Item 19. All those in favor say aye. Meridian City Council March13,2007 Page 46 of 49 MOTION CARRIED: ALL AYES. Borton: I'll throw out my thoughts. I don't have a problem with the staff's recommendation, both with adding the language to 6.3 that's referenced in the staff report and deleting I guess item five in the DA and changing it with the new requirement that -- that each lot within the subdivision be covered by the existing UDC and the design review standards that are set forth in that document. Zaremba: Mr. President, that would work for me as well. Borton: Any other discussion, comment? Rountree: No. Bird: I have none. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move we approve MI 07-003 regarding Sparrowhawk Subdivision to include all staff comments. Borton: I'd second. Any discussion? By reference to staff comments the items 6.3 and 6.1 amendment? Zaremba: Yes. As you have stated -- Borton: Okay. Zaremba: -- previously. Borton: Any other discussion? Seeing none, Mr. Berg. Roll-Call: Bird, nay; Rountree, nay; Zaremba, yea; Borton, yea. MOTION FAILED: TWO AYES. TWO NAYS. Rountree: Standoff. Where is the Mayor when you need her? Baird: You can certainly -- Mr. Chair and Members of the Council, you can certainly entertain another motion, but the motion passes because you have an even number on each side and nobody here to break a tie. So, you can attempt to make another motion that would appease. You can continue it for a tie breaker. You can -- you have a range of options, except that you have made no decision at this point. Meridian City Council March13,2007 Page 47 of 49 Zaremba: The maker of the motion would consider alternatives. Someone else care to propose another motion? Rountree: Mr. President, I'll take a shot at it. Borton: Mr. Rountree. Rountree: All right. Mr. President, I move that we continue Public Hearing MI 07-003 until our next regularly scheduled meeting, which would be March 20th, and at that time we will take additional comments from the applicant as it relates to the engineering design and potential implementation date of a solution for, one, the drainage issue, and, two, the irrigation issue. Bird: Mr. Rountree, before I second that, your motion did state that we'd reopen the Public Hearing and continue it. Rountree: We would reopen the Public Hearing and continue it. Bird: Second. Borton: It's been moved and seconded to do what Councilman Rountree said. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Borton: Thank you. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I don't know that my motion necessarily stated that we open the Public Hearing. So, for clarification I move that we reopen the Public Hearing for a continuance until March 20th. Bird: I'd second that. Borton: That was incorporated into the motion and the vote. Item 20: Ordinance No. AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development - South of McMillan Road and East of Under Road.: Meridian City Council March13,2007 Page 48 of 49 Borton: Item 20 is Ordinance No. 07-1302. Mr. Clerk. Berg: Thank you, Mr. President, Members of the Council. Ordinance 07-1302, an ordinance for annexation of property being situated in a portion of the northwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8, R-15, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Borton: You have heard this ordinance read by title only. Anyone care to have it read in its entirety? Seeing none, Mr. Bird. Bird: Mr. President? Borton: Mr. Bird. Bird: If nobody wants it read in its entirety, I move we approve Ordinance 07-1302 with suspension of rules. Rountree: Second. Borton: It's been moved and seconded to approve Ordinance 07-1302. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Borton: Thank you. And to the two young ladies who have sat through the entire session, we have City of Meridian pins for you. Thank you for bearing with us, enjoying the evening. We will adjourn this meeting and, then, talk. I need a motion to adjourn. Bird: Mr. President, I move we adjourn. Rountree: Second. Borton: It's been moved and seconded to adjourn. All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:24 P.M. Meridian City Council March13,2007 Page 49 of 49 (TAPE ON FILE OF THESE PROCEEDINGS) PRESIDENT JOE BORTON ATTEST: WILLIAM G. BERG, JR, CITY CLERK I I DATE APPROVED