CITY OF PROSPECT
CITY COUNCIL MEETING
March 19, 2007
(A complete transcript of this meeting is available at City Hall and on the City's Web Site, HTTP://www.PROSPECTKY.COM )
PRESENT:
Mayor Todd Eberle; Council Members Loretta Ertel, Sandra Leonard, Stuart Miles, Alan Simon, Sandy Tucci and Lee Zimmerman; City Attorney Grover Potts, City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Bruce Handy.
Mayor Eberle called the meeting to order at 7:30 p.m.
APPROVAL OF MINUTES:
Council Member Simon moved approval of the minutes of the regular City Council Meeting of February 19, 2007; Council Member Zimmerman seconded: passed unanimously.
COMMENTS FROM CITIZENS:
None.
POLICE REPORT:
Chief Wilson presented the police report. He brought the Council up-to-date on two new block watch groups, one in Hunting Hills Condominiums and another in the Woodlands Condominiums. David Gay, the coordinator of the Woodlands block watch, conducted a meeting recently with eighteen (18) residents in attendance. Five residents volunteered to be block watch captains. Next week, officers will begin conducting foot patrols and bike patrols throughout the city, with a significant amount of time spent in the Hunting Hills Condominiums area.
UNFINISHED BUSINESS:
Council Member Tucci gave SECOND READING TO ORDINANCE NO. 475, SERIES 2007: AN ORDINANCE AMENDING CHAPTER 156 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO PRIVATE AND PUBLIC ROADS. Council Member Simon seconded the motion for second reading. The proposed ordinance would establish procedures and set out specific standards for private roads to meet prior to becoming eligible for adoption as public roads. Mayor Todd Eberle introduced Mark W. Adams, PE, Senior Engineer with QK4 Architecture, Engineering and Construction Company, who conducted a field inspection of private roads within the City in October 2006. Mr. Adams presented a slide presentation of various private roads. He told the Council that upon inspection there were many issues which they should be aware of if certain roads were adopted as public roads by the city. Some of the issues he pointed out included the close proximity of walls to the driving lanes, substandard curb and gutter construction, parking (both covered and open) immediately adjacent to the streets, right-of-way limitations, pavement widths, and pavement conditions. A brief discussion followed with several residents addressing the Council concerning particular private roads. The ordinance passed by unanimous vote of the Council.
Council Member Simon gave SECOND READING TO ORDINANCE NO. 476, SERIES 2007: AN ORDINANCE AMENDING CHAPTER 152 OF THE CODE OF ORDINANCES RELATING TO STANDARDS APPLYING TO FENCES. The proposed ordinance would regulate the construction and placement of fences on street corner lots within the City. After a brief discussion, Council Member Leonard made a motion to table the ordinance in order to consider amendments. Council Member Ertel seconded. The motion to table passed unanimously.
Council Member Simon gave FIRST READING, for the purpose of introduction and discussion, TO ORDINANCE NO. 477, SERIES 2007: AN ORDINANCE AMENDING CHAPTER 154 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO FENCES SURROUNDING SWIMMING POOLS. The proposed ordinance would regulate the construction of fences surrounding swimming pools and time periods for same. Council Member Tucci seconded.
NEW BUSINESS:
Mayor Eberle told the Council that a stop work order had been issued by the City of Prospect to Premier Land Co. LLC., developers of the Harrods Creek Overlook Condominiums as a result of Premier's failure to comply with the terms and conditions of the September 18, 2006 binding element and certain other conditions set forth in the Development Agreement with respect to the Project. The City's geotechnical engineer Peggy Hagerty Duffy presented her findings concerning the remediation/stabilization along the east side creek bank of Harrods Creek at the development. She informed the Council that she had not received the required data regarding the failed slope along the east side creek bank from Premier or their Engineers. Cliff Ashburner attorney for Premier introduced Carmen Williams and Rob Folson with the engineering firm of QORE, Inc. to provide a slide presentation showing what they may now propose for remediation efforts with regard to the failed slope on the east side creek bank. Mr. Folson apologized to the Council for lack of communication with engineer Peggy Hagerty Duffy. He proceeded to explain what options QORE Engineering was considering to address the problem. After a lengthy discussion between members of the Council; Julie Tinnell of Premier Land Company; Cliff Ashburner, Attorney for Premier Land Company, engineer Peggy Hagerty Duffy, and engineer Rob Folson; the Council went into Executive Session to discuss potential litigation on motion of Council Member Zimmerman, seconded by Council Member Simon. Motion passed unanimously.
The Council went into Executive Session at 10:30 P.M.
Following the Executive Session, the Mayor announced for the record that the Council had discussed litigation issues. No action taken.
The City Council, through their City Attorney Grover Potts advised representatives of Premier Land Company and their attorney of the following recommendations to settle the dispute concerning the east side creek bank: 1) suspension of February 28 th stop work order effective as of March 19, 2007 provided that Premier comply with the following actions; 2) Premier's geotechnical engineer QORE Property Sciences submit its preferred method for remediation of the east side creek bank failure to the City and to Peggy Hagerty Duffy of Hagerty Engineering during the first week of April, i.e. no later than April 6, 2007; 3) a detailed remediation plan for the east side creek bank failure be submitted to the City and to Peggy Hagerty Duffy of Hagerty Engineering on or before Wednesday, April 11, 2007; 4) the detailed plan for remediation of the east side creek bank failure be considered by the City Council at their regular meeting on April 16, 2007; 5) upon approval of the detailed remediation plan by the City Council, bids will be issued by Premier for the remediation; 6) remediation bids are to be received by Premier on or before May 9, 2007; 7) a copy of the selected remediation bid will be submitted by Premier and QORE upon its acceptance by Premier; 8) Premier and QORE will present a remediation timeline schedule for the completion of remediation of the east side creek bank failure for consideration by the City Council at their regular meeting on May 21, 2007; 9) assuming acceptance of the remediation timeline by at the regular City Council Meeting on May 21, 2007, Premier shall post a Letter of Credit for the full amount of the accepted remediation bid no later than June 6, 2007 with the City of Prospect, wherein the City of Prospect will be the beneficiary of the letter and will be able to draw upon it in the event Premier fails to complete the remediation of the east side creek bank failure or fails to pay all amounts due the remediation contractor under the accepted remediation bid; 10) Premier shall reimburse the City of Prospect for all reasonable expenses incurred to Peggy Hagerty Duffy and Hagerty Engineering with respect to the development project; 11) upon the completion date for the remediation of the east side creek bank failure, the Development Agreement between Premier and the City shall be revised to reflect all matters agreed upon including the monitoring of the east side creek bank for a period of three years from the date of the revised agreement. Discussion of the proposal was undertaken by Premier, QORE, Peggy Hagerty Duffy and members of the City Council. Agreement was had with regard to the recommendation for settlement as set out by the City Attorney. Mayor Eberle asked for a motion from the Council, Council Simon moved to accept the recommendation for settlement; Council Member Leonard seconded; passed unanimously.
ADJOURNMENT:
Council Member Miles moved adjournment; Council Member Ertel seconded; passed unanimously.
Mayor Eberle declared the meeting adjourned at 11:10 p.m.
Respectively submitted,
Ann Melton
Recording Secretary
Approved:
Todd B. Eberle
Mayor
ATTEST:
Ann R. Simms
City Clerk