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f. Adoption of Resolution No. 80-243, approving Final Map, Improvement Plans, and _ Subdivision Agreement for Tract 4551, Parkside, Crocker Homes, Inc., as well as Quitclaim the surface entry rights and easement if any related to the extraction of water, accept quitclaim deed for the subterranean waters without rights of surface entry, and accept grant deed, descriptions and plat plan. g. Proclaim October 6-12, 1980, as Crime Prevention/Fire Prevention Week. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer NOES: None ABSE~r: None ~ MATTERS INITIATED BY COUNCILMEMBERS C~ Councilmember Mohr expressed concern about dirt and other problems at the Tam C~ Investment company development site on Hopyard Road, and in response to a letter of complaint from residents in the area. Mr. William Hirst, Attorney representing ~ Tam Investment Company, stated that the dirt pile should be spread over the site ~ within 60 days; 75% will be used as top soil on the 25'x500' slough abutting the eastward edge of the site, with the balance to be used as top soil in the concrete planter boxes at the commercial site. Mr. Hirst stated that Tam Investment Company did not intend to manufacture additional top soil at the site. He stated the dirt pile could be removed but he felt this would compound the problem. He stated that construction of the planter boxes should begin within ten days and will take two weeks to complete, after that a sprinkler system will be installed which will re- quire two weeks ~or completion, then a drainage ditch has to be installed. Mr. Hirst stated that Tam Investment Company has acted in good faith and has cooperated with the neighbors on various items of concern. He asked for patience, stating he felt the problems would be taken care of in a few weeks. Mayor Mercer stated that a condition of approval for this development four years ago was that the dust be controlled and. that the site not be used as a construction storage yard. Mayor Mercer expressed concern that if it rained, mud would seep onto the adjoining pro- perties. Mr. Hirst stated that when the plan was approved two years ago it was indicated that the site was not to be used as a construction storage yard but he did not feel this condition had been violated as no structures had been erected or large amounts of building materials and equipment stored on the site. He also stated the wall will retain the mud problem. Mayor Mercer stated that when this development was approved Council had no idea of the magnitude of the dirt that would be stored. He felt that Tam Investment Company failed to act in good faith, and that the dirt problem created a dangerous situation. He stated he agreed with the surrounding residents complaints. Councilmember Kephart stated he recalled vividly that a great deal of attention was given to this matter at the time of approval by the neighbors and the developer assured them and the City Council that the dirt problems would be controlled and that no construction materials and equipment would be stored on the site. He stated he felt Tam Investment Company had committed a violation of trust which he thought was sad, and he was embarrassed that he had voted in favor of this application. Councilmember Mohr asked if covering the dirt with plastic or tarping would alleviate the dust problem. Mr. Hirst stated this could be done but he felt that more frequent watering would take care of the pro- blem better. Councilmember Wood stated that the Planning Commission and City Council had bent over backwards to O.K. this project and now the developer has delayed in completing the development. He added a Crease and Desist Order would only delay the project further. He stated the developer had placed the City Council in an embarras- sing position. After discussion, Council instructed staff to advise Tam Investment Company that concerning top soil stored on the Public and Institutionally zoned property at Hopyard Road and Valley Avenue, it is the City's understanding that the developer agreed to cover the top soil mound with a tarpaulin and to take all other 2. 9/23/80