These minutes have been approved by City Council.
The City Council of the City of Auburn, Alabama met in regular session on Tuesday, December 19, 2006 at 7:40 PM in the Council Chamber in the Auburn Public Safety Building at 141 North Ross Street.
1. CALL TO ORDER. Mayor Bill Ham, Jr.
Mayor Ham called the meeting to order.
2. ROLL CALL.
Present: Councilpersons Brent Beard, Arthur L. Dowdell, Sr., Gene Dulaney, Sheila Eckman, Robin Kelley, Bob Norman, Dick Phelan, Thomas Worden, and Mayor Ham. Also present was City Manager Charles M. Duggan, Jr.
Absent: None.
3. PLEDGE OF ALLEGIANCE.
All present recited the Pledge of Allegiance to the U. S. Flag.
4. MINUTES. December 5, 2006.
Councilperson Beard moved that the minutes be approved.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Ham declared the minutes approved.
5. MAYOR’S COMMUNICATIONS. Mayor Ham.
a. Committee of the Whole.
Mayor Ham stated that the Committee of the Whole (COW) met just prior to this meeting. The minutes of the last COW meeting were approved.
Mayor Ham stated that the City Council plans to move forward with proposed changes to citizens communications at the first meeting in January 2007.
Mayor Ham noted that reports were provided to the Council by Water Resource Management Director Scott Cummings and Public Works Director/City Engineer Jeff Ramsey on the City’s Stormwater Program. A question and answer session followed the presentations. Mayor Ham noted that the entire presentation may be found on the City’s web site at www.auburnalabama.org.
Council Minutes
December 19, 2006
Page 2
5. MAYOR’S COMMUNICATIONS (cont).
b. Announcements.
None.
6. AUBURN UNIVERSITY COMMUNICATIONS.
None.
7. CITY MANAGER’S COMMUNICATIONS. City Manager Duggan.
a. Vehicle Noise. Proposed Directive.
City Manager Duggan stated that over the past several City Council meetings a citizen has requested that an ordinance be adopted to combat vehicle noise in the City. He said the request has been reviewed by the Public Safety Director, Judge Bailey, and Captain Smith in the Police Division. Mr. Duggan noted that the staff’s finding is that using Disorderly Conduct under the Alabama State Code can be an effective tool in addressing noise complaints. Mr. Duggan noted that under Section 13-13 of the City Code, Uniform Non-Traffic Citations, one of the offenses for which a citation can be issued is Disorderly Conduct. The fine is $200 plus $125 court cost (State requirement) for a total fine of $325. Therefore, vehicle noise can be effectively handled with existing legislation.
Mr. Duggan stated that unless the Council objected, he would issue a directive to the Public Safety Department – Police Division to issue Non-Traffic Citations to drivers of vehicles where noise emanating from the vehicle can be heard by the officer from an approximate distance of 25 feet and/or the vibrations from the vehicle can be felt by the officer causing the vehicle and/or surrounding vehicles to shake.
Councilperson Eckman asked how the information is to be publicized.
Mr. Duggan said an article will be placed in the next issue of Open Line and news releases will be provided to the O-A News and the Auburn Plainsman.
Councilperson Worden asked if a person is unable to pay the fine will jail be the next step.
Council Minutes
December 19, 2006
Page 3
7. CITY MANAGER’S COMMUNICATIONS (cont).
Mr. Duggan answered sentencing will be handled by the Municipal Judge and added that the penalty/penalties for violation of non-traffic offenses are enumerated in the City Code. Mr. Duggan said as with all non-traffic citations, the fine can be imposed or suspended by the judge; however, court costs would apply in all instances.
Councilperson Phelan asked if the fine can be reduced by the presiding judge.
Mr. Duggan stated that he would find out this information.
Councilperson Dowdell said his understanding is that a judge cannot legislate from the bench, thus, the fine as stated in the Code would stand.
Mayor Ham suggested that warning citations be written for the first 30 days.
Mr. Duggan noted that on January 10, 2007, a 30-day warning period will begin for warning citations.
The consensus of Council was that the City Manager should proceed as noted above.
b. Non-Conforming Signage Enforcement Initiative.
City Manager Duggan noted that a memorandum was placed on the dais for Council information regarding non-conforming signs within the City. He noted that the provision of the Zoning Ordinance that required the removal of non-conforming free-standing signs was adopted on December 21, 1999. He said the Planning Department is in the final stages of completing a comprehensive inventory of all freestanding signs within the City limits in an effort to determine the number of non-conforming signs (254), number of affected businesses (226), and the specific non-conformities that exist. Mr. Duggan noted that it is anticipated that the list will be complete before the end of 2006 and the Planning Department will begin mailing certified letters to affected businesses indicating the non-conformity and giving the business six months (until June 30, 2007) to comply with the new sign regulations. He said he will answer Council questions at any time. (A copy of the memorandum is attached to the original minutes).
City Council Minutes
December 19, 2006
Page 4
8. ORDINANCES.
a. City Code. Amendments. Adoption. Unanimous Consent
Necessary.
(1) 2006 Editions. International Building, Residential, Plumbing,
Mechanical, Fire, Fuel Gas, Property Maintenance, and
Existing Building Codes. Selected Sections.
City Manager Duggan stated this Ordinance will adopt the 2006 editions of the International Building, Residential, Plumbing, Mechanical, Fire, Fuel Gas, Property Maintenance and Existing Building Codes. He said the Public Safety Director attached a memorandum explaining the significant changes from the 2003 Editions to the 2006 Editions of the Building Code and the Residential Code and is present to answer any additional questions of Council.
Mayor Ham said he was contacted by local realtor Les Letlow who brought an expert to address Council on this subject.
Mr. Duggan noted that the section dealing with sprinkler systems is not a part of the proposed Ordinance but will be presented at a later date.
Mr. Letlow thanked the Council for the opportunity to address them and presented each member with a copy of the biographical summary for Sonny Richardson, an Alabama Home Builders expert, who he said would address the Council on his behalf regarding the International Codes.
Mr. Dwight M. “Sonny” Richardson, Jr., 1300 Mallard Circle, Tuscaloosa, Alabama, explained to the Council the manner in which the International Codes are proposed, the steps taken to propose a change to the Codes, and suggested various reasons why the 2003 Editions of the Code are better than the 2006 Editions of the Code and vice versa. He gave the Council the recent history of a State-wide Building Code legislation and indicated the legislation to adopt it did not pass in the last legislative session. He said he wanted to specifically address basement walls and window sill heights and explained why the 2003 Editions of the International Code are better, as they relate to these two items. He suggested that the City Council table the proposed Ordinance until the Alabama Legislature acts on the 2006 Editions of the Residential and Building Codes during its upcoming legislative session.
City Council Minutes
December 19, 2006
Page 5
8. ORDINANCES (cont).
Mayor Ham asked the Director of Public Safety for his recommendation in view of the comments made by Mr. Richardson and if there is a need to act swiftly on the Ordinance.
He said any items that happen to conflict with the State Legislature may be amended at that time.
Public Safety Director Bill James said the City typically addresses the adoption of the new International Codes as soon as they are reviewed by the staff and the City Attorney. He said this has transpired and the Ordinances are being proposed for Council consideration. He noted that a City is graded by the ISO Building Grading Group on the amount of time it takes to adopt the newest editions of the Codes.
Mr. Richardson noted that several Alabama cities have agreed to wait until the legislature meets to adopt the 2006 Codes (Tuscaloosa, Northport, and most likely Irondale). Cities that have already adopted the 2006 Editions of the Code are Mountain Brook, Hoover, Vestavia Hills, Homewood and Decatur.
Councilperson Norman noted that he has questions concerning this Ordinance and because of his occupation might need to recuse himself during voting. He suggested that more time be given for members to discuss this Ordinance.
Mr. James said that every new edition of the Codes brings opposition; however, because a citizen or developer disagrees with a section of the new code is not a reason to oppose the adoption of the new Codes. He said there is good and bad with any new code and the way the Code affects an individual should be secondary to the effect the Code will have on the entire City.
Councilperson Dowdell introduced the Ordinance and moved that unanimous consent be granted to consider the Ordinance.
Councilperson Kelly asked what will happen if the Alabama Legislature decides to go back to the 2003 Editions of the Code. He felt that this would confuse the issue.
Mr. James stated that if the new editions of the Code are adopted they can be amended to denote changes made by the Legislature. He noted that the Codes Division provides ample lead time after a change is made to the Codes to allow area contractors time to budget for changes that might be imminent.
City Council Minutes
December 19, 2006
Page 6
8. ORDINANCES (cont).
Mr. Richardson suggested that the Ordinance could be tabled until the legislative session ends in approximately six months.
Councilperson Dulaney asked if the Council will be able to get answers to questions before the Ordinance is presented for adoption.
Mr. Duggan suggested that Council provide him with any questions and he will provide answers as soon as possible.
Councilperson Dowdell withdrew his motion of introducing the Ordinance and asking for unanimous consent to adopt the Ordinance.
Councilperson Dowdell moved that the Ordinance be tabled until the first City Council meeting following the end of the next Session of the Alabama Legislature (approximately six months).
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
(2) Non-Traffic Citations. Bicycling, Riding/Skating on
Sidewalk in Business District. Cite Violators. Section 22-11,
City Code.
City Manager Duggan stated that this Ordinance authorizes the issuance of non-traffic citations for the offense of riding bicycles or skateboards on sidewalks in the downtown business district. He said this will amend Section 22-11 of the City Code. He noted that Code denotes a $20 fine for violating this offense. Mr. Duggan stated that although the violation was included in the Code there was no mechanism for punishment of violators.
Councilperson Phelan introduced the Ordinance.
City Manager Duggan read the Ordinance by Title.
Councilperson Phelan moved that unanimous consent be granted to consider the Ordinance.
Councilperson Dulaney seconded the motion.
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
City Council Minutes
December 19, 2006
Page 7
8. ORDINANCES (cont).
Hearing no objection from the Council, Mayor Ham declared unanimous consent granted and the Ordinance ready for adoption.
Councilperson Phelan moved that the Ordinance be adopted.
Councilperson Dulaney seconded the motion and upon roll call vote, the following Council members voted aye: Dulaney, Eckman, Kelley, Norman, Phelan, Worden, Beard, and Mayor Ham. Voting nay: Dowdell.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2447
9. RESOLUTIONS.
a. Industrial Development Board. Refinance Property.
136 Enterprise Drive. Auburn Technology Park South.
Concurrence.
City Manager Duggan stated that this Resolution grants Council concurrence with the Industrial Development Board’s (IDB) decision to refinance the property owned by the IDB at 136 Enterprise Drive in Auburn Technology Park South. Mr. Duggan recommended that the Resolution be adopted.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-344
b. Jay Jennings Construction. Temporary Lease of Parking Spaces (5).
150 Magnolia Avenue. $30/Space/Month. Approval.
City Manager Duggan stated that this Resolution will authorize the temporary conversion of five metered parking spaces to leased spaces. He noted that Jay Jennings Construction has requested that the City allow his firm use of the spaces while the company renovates the building located at 150 East Magnolia Avenue. Mr. Duggan noted that the fee for use of the spaces will be $30/space/month which equals $300 for the period December 20, 2006 – February 20, 2007. Mr. Duggan noted that the company will not be performing work on City property; however, the City’s right of way will be obstructed by equipment from time to time. The company will provide the City a current certificate of insurance and a plan of action that will allow access to ensure compliance with the American with Disabilities Act.
City Council Minutes
December 19, 2006
Page 8
9. RESOLUTIONS (cont).
Councilperson Worden moved that the Resolution be adopted.
Councilperson Beard seconded the motion.
Councilperson Phelan said he opposed the granting of this request because of the need for parking in this area. He said this area is prime parking for citizens who utilize the businesses including restaurants and said 60 days for use by this company is not a very appropriate use of the spaces. He suggested that the alley near this area could be utilized by the company stressing that even though Auburn University is not in session, the spaces are used daily.
Council members discussed the pros and cons of the use of the spaces requested. Several suggestions were made including contacting the company as to see why they needed the five spaces and/or if they can find other parking or utilize a smaller number of spaces.
Mr. Duggan said staff can contact the owner if the Council desires.
Councilperson Phelan moved that the Resolution be tabled.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
Mr. Duggan said the staff will contact Mr. Jennings to see if he will be able to utilize fewer spaces and suggest that he appear before the Council to answer any Council questions.
c. Professional Services Contracts and Agreements. Authorize
Mayor and/or City Manager to Sign.
(1) M & M Materials, Inc. Country Circle Drainage Project.
$120,785. 64/36 FEMA/City Joint Participation.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a contract with M & M Materials, Inc. for the cost of labor, equipment and materials necessary to complete the Country Circle Drainage project in the amount of $120,785. He noted that the cost will be shared with the Federal Emergency Management Agency (FEMA) for 64% of the cost of the project. The City will pay the remaining 36%. He noted that bids were invited and this company submitted the lowest bid for the project. He recommended that the Resolution be adopted.
City Council Minutes
December 19, 2006
Page 9
9. RESOLUTIONS (cont).
Councilperson Dulaney moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-345
(2) Farmville Volunteer Fire Department. Donate Fire Truck.
1981 Peterbilt Pumper. Donation, Waiver, and Release
Agreement.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute an agreement with Farmville Volunteer Fire Department for the donation of a 1981 Peterbilt Pumper Truck that is no longer needed by the Auburn Fire Division. He said the truck will be gladly accepted by the Farmville Fire Department and recommended that the Resolution be adopted.
Councilperson Kelley moved that the Resolution be adopted.
Councilperson Norman seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-346
(3) Lipscomb Land Company, Inc. Samford Avenue Extension
Project. Acceptance.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute an agreement with Lipscomb Land Company for the extension of Samford Avenue from East University Drive to Glenn Avenue. He noted that the agreement should be amended at top of page 7 at the end of the sentence following the word “benefits” the words “at locations reasonably agreed upon by the parties hereto.” should be added. He recommended that the Resolution be adopted with the noted amendment.
Councilperson Dowdell moved that the Resolution be adopted as amended.
Councilperson Phelan seconded the motion.
Councilperson Eckman said she was disappointed to see this agreement on the agenda because she felt the City took a giant step forward several years ago when an agreement was negotiated with developers for the installation of Richland Road. She said she thought this was taking the City into a new direction where the taxpayers were not building roads for new developments.
City Council Minutes
December 19, 2006
Page 10
9. RESOLUTIONS (cont).
Upon the motion before the Council to adopt the Resolution as amended, the following members voted aye: Dowdell, Beard, Worden, Kelley, Phelan, Dulaney, and Norman. Voting nay: Eckman. Abstaining: Mayor Ham.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-347
(4) Urban Development, LLC. Land Swap/Exchange. Acceptance.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute an agreement with Urban Development, LLC to provide for a land swap for property on Gay Street and Wright Street. Mr. Duggan explained the City’s desire to add parking to the existing parking deck and explained how that will be accomplished through this land swap. He stated that the agreement stipulates that the City swap a parcel located on Wright Street, currently utilized for surface public parking, with a parcel currently owned by Urban Development, LLC located on Gay Street, adjacent to the City’s existing parking deck. Mr. Duggan said both properties have been appraised by an MAI appraiser who determined that the parcels are of relatively equal value (difference in value of $10,000). Mr. Duggan said the agreement further stipulates that Urban Development, LLC will maintain the Wright Street parking area as a parking lot for the next three years at City rates. He recommended that the Resolution be adopted with the noted amendment.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Dulaney seconded the motion.
Mayor Ham said information he hears from downtown merchants is that more parking in the downtown area is desired and purchase of this parcel and the adjacent parcel will go a long way toward meeting the parking needs of the downtown area. Mayor Ham said if the current owner decides to build on the property the ability of the City to expand the parking deck will be lost.
Councilperson Kelley said he sees this as a win-win situation and any development on the Wright Street site will have to abide by the new regulations for development.
City Council Minutes
December 19, 2006
Page 11
9. RESOLUTIONS (cont).
Mr. Duggan said the City has first right of refusal of the property adjacent to the property that is currently owned by AuburnBank. He said additional information will be provided to the Council in the future as to an engineer to provide a design for a parking deck and for a financial package that will include metered parking and fees for metered and leased parking.
Mayor Ham said with both properties mentioned, the City’s ability to provide additional parking downtown is maximized and without the parcels, there will be no opportunity to expand.
Councilperson Eckman said she did not see that the negotiations are going as well as they should be because she did not understand how a ˝ acre site on Gay Street can be as valuable as a 1-acre site on Wright Street.
Mr. Duggan said the property was appraised by an MAI appraiser and these are the values he determined to be accurate for the properties.
Councilperson Dulaney said there is no question that property on Gay Street is more valuable than property on Wright Street; additionally, he said the Gay Street lot is more valuable to the City because the City has the first right of refusal on the adjacent lot as well and because the City would like to expand the parking deck.
Councilperson Eckman said this is probably a correct statement if you feel this is the City’s only option for additional parking.
Upon the motion before the Council to adopt the Resolution as amended, the following members voted aye: Beard, Worden, Kelley, Phelan, Dulaney, Norman, Dowdell, and Mayor Ham. Voting nay: Eckman.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-348
d. Cynthia A. Wall. 1122 Drew Lane. Country Circle Drainage
Project. Drainage and Utility Easement. Acceptance and
Payment for Value Lost.
City Council Minutes
December 19, 2006
Page 12
9. RESOLUTIONS (cont).
City Manager Duggan stated that this Resolution accepts a Drainage and Utility Easement from Cynthia A. Wall for the Country Circle Drainage Project and authorizes the settlement cost of $1650 to replace a storage shed. He recommended that the Resolution be adopted.
Councilperson Kelley moved that the Resolution be adopted.
Councilperson Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-349
10. OTHER BUSINESS.
a. East Glenn Investment Property, LLC. Extension of Samford
Avenue to Glenn Avenue. Acceptance.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute an agreement with East Glenn Investment Property, LLC for the extension of Samford Avenue to Glenn Avenue. He recommended that the Resolution be adopted.
Councilperson Dulaney moved that the Resolution be adopted.
Councilperson Beard seconded the motion and the following members voted aye: Worden, Kelley, Phelan, Dulaney, Norman, Dowdell, Beard. Abstaining: Mayor Ham. Voting nay: Eckman.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-350
11. CITIZENS’ COMMUNICATIONS.
Mr. Thomas Smith, 3799 Lee Road 72, Waverly, said he was present tonight during the Committee of the Whole meeting and heard the staff presentations on erosion and sediment control. He said he wanted to address the comments made about detention ponds. He said as he understands the comments and his personal review of the City’s ordinances, before construction can continue, detention must be stable. He said at this time the City now has two dams that are not stable, not secured, not seeded, and not mulched. In addition, construction is continuing and rain is expected in the area on Wednesday. He said the roads have been cleared, compacted, and paved with stormwater being directed into these waterways occurring and controls are not in place.
City Council Minutes
December 19, 2006
Page 13
11. CITIZENS’ COMMUNICATIONS (cont).
Mr. Smith said he has not been given accurate information from Shadowwoods as to when the detention will be in place; however, the detention is not in place and not stabilized as it should be. He said he has received monthly reports from ADEM that the BMP’s are not sufficient.
He said property and streams from this area to the Saugahatchee Creek are being destroyed by these developments and others that plan development in this area.
He said either enforcement or the regulations are the problem and asked that the City Council address these issues as soon as possible.
Mr. Ramsey said the detention ponds are required and built for full build out not for building of 2 or 3 houses.
Councilperson Norman asked if the detention pond at Shadowwoods is stable.
Mr. Ramsey said there is something wrong with the installation at this location and the engineer has been notified to correct the problem.
Mr. Tom Williams, 500 Deer Run Road, addressed the Council regarding detention ponds. He said the Willow Creek Lake is being ruined by several developments such as the Solamere project, Polidoro project, tennis courts project, and school site. He said the developers start clearing before the BMP’s are in place and any cost that the developer has to pay to correct problems they cause are passed on to the homeowners at Willow Creek when they have to pay to have the pond dredged. He said once the damage is done to the lake, fining the company at some point does no good to the residents of Willow Creek Subdivision.
Mr. Williams said he did not understand why completion of detention ponds is tied to CO’s when the damage starts when the land is cleared. He said if this is a policy issue this should be addressed.
Councilperson Eckman said she thinks it is a policy decision and in a recent incident in Willow Creek when a developer failed to put in the required detention pond, she said the City gave him 48 hours to correct the problem; however, it was too late because the damage was already done. And she felt there should be a huge penalty for this.
City Council Minutes
December 19, 2006
Page 14
11. CITIZENS’ COMMUNICATIONS (cont).
Mrs. Clara Clothiaux, 424 Blake Street, asked if the City has regulations in place for companies who are in the business of laying pipes. She said she noticed severe erosion occurring during this type construction recently. She said there is too much digging going on and no regulations are being followed.
Councilperson Kelley asked where is this construction.
Mrs. Clothiaux said the construction is past Yarbrough School.
It was determined that this project is a project that is happening in Lee County.
Councilperson Kelley asked if the City can notify ADEM about this issue.
Mr. Duggan said that the City could notify ADEM, but asked if we wanted to pursue a policy of investigating problems outside of the City limits?
Mayor Ham asked for communications from members of Council.
Councilperson Worden said when he previously served on the Council, several workshops on erosion were held. He suggested that perhaps preparing the Council through similar workshops might be in order at this time so that Council can get a better understanding of the present issues concerning erosion and sedimentation control issues.
Councilperson Eckman suggested that the ALOA committee be tasked with reviewing the current ordinance and addressing some of the concerns mentioned to see how the ordinance can be improved.
Mr. Duggan said the presentation tonight was a first step in informing the Council of the City’s policy, enforcement, and intent of the enforcement. He said workshops can be scheduled if the Council desires.
Mr. Cummings said the City will begin its permit renewal process in 2007 and said this might be a good time to set up some workshops to explain the process from the beginning. He said the City has not been told what will be required but as soon as this information is received, the process can begin.
City Council Minutes
December 19, 2006
Page 15
11. CITIZENS’ COMMUNICATIONS (cont).
Mr. Duggan said the City seems to be making a positive impact on the erosion situation, especially from some years ago. However, the staff attempts to strike a balance between enforcement and getting more strict on developers. He said the City has chosen to go far beyond what ADEM requires so far as enforcement is concerned; however, if the Council desires that the staff move in another direction, that information will need to be imparted to him by the Council.
Councilperson Kelley said the staff is doing its job and meeting the requirements that are on the books but said it might be that the City might need to have stricter guidelines. He said he has no problem with being more strict on developers but we need to strike a balance and have clear rules. He said the staff is doing a great job despite what you read in the paper.
Councilperson Norman said more regulations is not the key. He said he is confused as to who has the key responsibility for enforcement – ADEM or the City. He said he needs to know who has the responsibility.
Councilperson Worden said he would like to get more information as well.
Mr. Duggan said the City does not have the capability of determining the long term effect of sediment in lakes. He said BMP’s do fail and is aware that they will never be perfect. He said an accidental break is different from a developer who fails to put the BMP’s in place at the beginning of the project.
Councilperson Eckman said there does not seem to be enough incentive for the developers who fail to comply with the regulations.
Mr. Duggan explained that the enforcement efforts seem to be working because there are fewer repeat offenders and that issuing stop work orders are more effective than fines.
Councilperson Eckman said she is proud of the City’s program but feels the special challenge is growth and it is difficult for the City to keep up with the growth that is happening.
Mr. Duggan stated that the City is inspecting and making sure houses do not flood; however, the City cannot inspect to be sure someone’s yard does not flood.
He said erosion and sedimentation control will not erase all problems.
City Council Minutes
December 19, 2006
Page 16
11. CITIZENS’ COMMUNICATIONS (cont).
Councilperson Worden said he lived in Willow Creek at one time and still has friends in the subdivision. He said he is aware that the mud in the lake may not cause irreparable damage; however, the concern about property values is real because when you attempt to sell your house and the lake has red mud in it, it is not a pretty sight for a potential homebuyer.
Councilperson Norman wished everyone a Merry Christmas and a Happy New Year.
Councilperson Dowdell thanked City Manager Duggan for hiring former City Manager Doug Watson as a consultant for the City. He said this was a decision that he supports and felt that the credentials that Dr. Watson has and the many positive influences he added to the City when he served as City Manager made him a perfect choice to assist the City Manager at this time.
Mr. Duggan said he contacted the Council prior to making the final decision and no member of Council raised an objection to the decision. He noted that Dr. Watson will still reside in Texas and continue in his role as tenured professor at the University of Texas at Dallas. He said he has and will continue to call on Dr. Watson from time to time and is elated that he will be able to partially compensate him for his valuable time.
12. ADJOURNMENT.
Councilperson Dowdell moved that the meeting be adjourned.
Councilperson Phelan seconded the motion and all members voted aye.
Mayor Ham declared the meeting adjourned at 9:45 PM.
_____________________________
Mayor
ATTEST:
_________________________
City Manager