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Kanti Patel CUP BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KANTI PATEL CONDITIONAL USE PERMIT FOR A THREE STORY MOTEL BETWEEN 1-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 17, 1998, at the hour of 7:00 orclock p.m., the Applicant, appearing through i ts representative I Rocky Towle, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998 hearing; that the public was given full opportunity to express comments and submit evidencej and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian the FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 1 address is listed in the application as between 1-84, Eagle Road, Gentry Way and Allen Street. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant lS the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as (C-G), General Retail and Service Commercial. The proposed use of the property is to construct a three story motel. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Rocky Towle testified substantially at the hearing as follows: He noted that the construction of the three story motel would border the 1-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remain a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, of which, they have provided additional landscaping for the encroachment. The ACHD wants a 41-foot back- up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, the ACHD wants the same thing, with a 58-foot right-of-way, but this is a dead end street. They wanted this area vacated, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 2 previous owner and the applicant went through both the City and ACHD. ACHD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. It was a shock to the previous applicant knowing he had to buy it rather than just vacating it. At the ACHD the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. I f they have to dedicate to the ACHD four feet on Allen Way and Gentry Way, then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-foot setback, and a 16-foot setback instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and they've narrowed the driveway to stay within the 35- foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District's requirements are that from Magic View down to where their property starts, down to Gentry Way, that they have a 24-foot asphalt driveway. From there on down they have to have the 24-foot plus curb, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion between Mr. Towle and Commissioner Borup pertained FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANT1 PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 3 to the ingress and egress that would be out to Magic View and then on to Eagle. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. wi th regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the sit e . Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. The exterior finish would either be synthetic stucco or a dri vi t system. Additional comments pertained to either the purchase of all of Gentry Way or half of it and with that the motel would move back. Mr. Towle addressed Commissioner Smiths comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it will be a monument sign at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 4 intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 5. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACHD were dragging their feet, and when more businesses come in for development, then they would re- address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed her concern over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACHD can be approached with this issue once agaln. Commissioner Borup addressed the fact that the ACHD was proposing another access up at the light on the north end of the subdivision, but he was not FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 5 sure when it would happen. They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turnj this would be the new street. 6. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACHD would do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other.H 7. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACHD, and if need be, continue to pester them. Ms. Buckert noted that ACHD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 8. Bruce Freckleton, Assistant to the City Engineer, FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 6 addressed the Commission with the following comment. With regard to the legal description submitted for the annexation, the surveyor noted there were some conflicts with monumentation on the ground versus his survey. He was going to be preparing a new legal description. This legal would be based on field survey, and he would like to incorporate the new legal description in the annexation ordinance. Commissioner Borup noted it needs to be included in the Findings as a condition on the annexation. Commissioner MacCoy added the comment that it would be added. 9. Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which respective comments are as follows. GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sect ions 11- 2 - 414 . D. 4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance wi th Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 7 Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon notice to the Applicant. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to the proposed site could be extended from the existing main line installed in Magic View Drive north of this project. 2. Water service to the proposed site could be extended from the existing water main line installed along the easterly side of Eagle Road. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. The treatment capacity of the City of Meridian's Wastewater Treatment evaluated. Approval be contingent upon additional sanitary proposed development. Plant is currently being of this application needs to our ability to accept the sewage generated by this 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 8 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity required to be 3-inch minimum can be determined. Please revise the landscape plans so landscape schedule matches call outs on plan. 7. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 8. A minimum 35-foot-wide landscape setback beyond required right-of-way on Eagle Road and 1-84 should be made a condition of annexation. The setbacks shown appear to meet this requirement. 9. A public roadway is planned north of the proposed Idaho Power Credit Unioni however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 10. No signage details were submitted. signage plans must be included as part application for review and approval. Detailed of thi s 11. The Planning and Zoning Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 12. Parking requirements for a motel/hotel are one per room and one for each two employees. Sixty-eight FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 9 spaces were counted on the plans. It would seem that more than two employees would be on site at anyone time. 13. A screened trash enclosure needs and depicted on the plans. location and sizing requirements Services, Inc. to be provided Coordinate the with Sanitary 14. Gentry Way, north of this property, was never constructed and was approved to be vacated by the Meridian City Council in November of 1997. The status of the vacation is unknownj apparently the vacated roadway would be returned to the owner of the property to the north. It would be desirable for a driveway to be constructed along the northerly property line, and for additional parking to be provided for along the driveway. 10. The Meridian Fire Chief, Kenny Bowers, submitted the following comments. He lS requiring that all codes, water requirements and the placement of fire hydrants be met. Additionally, a 20 foot driving access all around the building will need to be met. 11. The Meridian Chief of Police, Bill Gordon, commented that it was needed. 12. The Central District Health Department added the following comments. After written approvals from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. A plan review will have to be submitted regarding any swimming pools or spas. They recommend that stormwater be pretreated through a FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 10 grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the project should obtain current best management practices for stormwater disposal and design a stormwater management system that will prevent groundwater and surface water degradation. Manuals for guidance were also suggested. 13. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 14. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 11 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is zoned (C-G) General Retail and Service Commercial. The (C-G) i General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: (C-G) General Retail and Service Commercial- The purpose of the (CG) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a buildingi to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as II Permits allowing an exception to the uses authorized by this Ordinance in a zoning district. II 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section condi tions minimi zing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 12 prescribe a set time period for which a conditional use may be in existence. 7. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 8. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 9. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinancei FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 13 b. The use would be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinitYi that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses. Further, the Applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The Applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use; f. The use will not create additional public costs. g. The use will not involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets. This should also be a condition of the Development Agreement and required to be entered into by the Applicant before any approvals are granted. i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case for the above reasons. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 14 10. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use are required, if a permit is issued, to wit: a. The conditional Ordinance, shall owner or lessor another property; use, not of pursuant to the Zoning be transferable to another the subj ect property or to b. The Applicant shall meet the requirements and comments of the City Engineer1s office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applicationsi d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirementsi e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance, in addition, flashing signs and temporary signs will not be permitted. All signs are subject to review. In addition to the Meridian Sign Ordinance, the Meridian City Council must approve all signage of any type. Sign permits are to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 15 obtained prior to construction. Upon three days notice to any tenant, the City of Meridian will remove any unauthorized signage. g. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations with the City! s solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. h. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off street parking areas. All site drainage shall be contained and disposed of on- site. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. 1. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. j . The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. k. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. l. It shall be a condition of the conditional use permit that the Applicant enter into a Development Agreement with the City of Meridian. The conditional use permit shall not be granted or become effective until the Development Agreement is executed and recorded. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 16 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 12. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Page 17 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED A y--<. v COMMISSIONER de WEERD VOTED Au..L v COMMISSIONER SMITH VOTED NO COMMISSIONER NELSON VOTED ..4.0 '1~y1- CHAIRMAN MacCOY (TIE BREAKER) VOTED ------ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: ~'11.-' APPROVED: 7-7-98 -- FINAL ,/~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL DISAPPROVED: Page 18 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 1!3 .?J. day of /lu-f)~r.J:/- , 1998. (/ ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY VOTED~ VOTED~ VOTED~ VOTED~ COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROVE~~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ eu jJ ~ tfL .;? d 10;-'1 J4.-a:f~ /C4A'l/i /ar-e-L v