Feb 01, 2022 City Council

>> SPEAKER: SO MOVED. >> SPEAKER: ADJOURN WITH THE

[00:00:04]

(ROLL CALL) >> SPEAKER: PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE AND THEN REMAIN STANDING FOR A MOMENT OF SILENCE. (RECITAL OF PLEDGE OF

ALLEGIANCE) >> SPEAKER: I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

(SILENCE) >> SPEAKER: THANK YOU.

[4. MAYOR AND COUNCIL COMMUNICATIONS. ]

(VIDEO PLAYING). >> SPEAKER: THIS IS MAYOR ANDERS AND WE ARE PROUD TO INTRODUCE YOU TO OUR EMPLOYEE OF THE MONTH OF THE MONTH OF FEBRUARY AS WELL AS EMPLOYEE WITH A SPECIAL RECOGNITION IN THE MANY OF OUR OUTSTANDING MEN AND WOMEN OF THE CITY AND THEIR SERVICE AWARDS.

(MUSIC PLAYING) >> SPEAKER: WE ARE PLEASED TO INTRODUCE YOU TO OUR FEBRUARY EMPLOYEE OF THE MONTH.

I HAVE A MEMORANDUM HEAR FROM DON INSPECTION SERVICES DIRECTOR THAT WAS WRITTEN TO SCOTT CUMMINGS FROM DEVELOPMENT SERVICES AND SCOTT SENT THIS TO MEGAN CROUCH OUR CITY MANAGER.

I'M PLEASED TO NOMINATE ZACH SMITH AS THE EMPLOYEE OF THE MONTH. ZACH BEGAN HIS TENURE WITH INSPECTION SERVICES DEPARTMENT IN 2019.

PRIOR TO THIS HE SERVED IN THE CITY OF AUBURN'S POLICE DEPARTMENT SINCE 2008. ZACH SETTLED INTO HIS ROLE AS A PLANNED REVIEWER QUICKLY WITH NOT ONLY EXCEPTIONAL TECHNICAL SKILLS BUT ALSO SKILLS TO WORK WELL WITH HIS COWORKERS IN ADDITION TO PROVIDING QUALITY CUSTOMER SERVICE.

ZACH HAS BROUGHT GREAT VALUE TO INSPECTION SERVICES AND IS CONSISTENTLY EXCEEDING EXPECTATIONS AS A PLANNED REVIEWER. HE DEMONSTRATES THIS THROUGH TAKING ON TASKS NO MATTER THE MAGNITUDE.

INCLUDING REVIEWING SMALL STORAGE SHEDS TO COMPLEX COMMERCIAL AND INDUSTRIAL BUILDINGS.

ZACH'S TIME MANAGEMENT SKILLS SET HIM APART IN THIS ROLE.

HE IS ABLE TO QUICKLY IDENTIFY THE MOST PRESSING ISSUES AND THE MOST OPTIMAL PATH TO A SOLUTION OR COMPLETION OF THAT TASK.

OVER THE PAST YEAR ZACH HAS PLAYED AN INTEGRAL ROLE IN THE DESIGN, TESTING AND IMPLANTATION OF THE NEW PLAN SOFTWARE ON BASE, WHICH IS UTILIZED BY MULTIPLE CITY DEPARTMENTS.

ZACH ALSO CONTINUES TO MONITOR AND TAKES ACTION TO IMPROVE THE PROCESS OF PERMITTING, INSPECTION, AND COMPLETION OF PROJECTS UTILIZING CITYWORKS. THIS KEEN KNOWLEDGE OF BOTH SOFTWARE PLATFORMS AND TECHNICAL SAVVY ALLOWS HIM TO ENVISION HOW IMPROVEMENTS WILL BENEFIT ALL USERS.

HE ROUTINELY REVIEWS AND UPDATES OUR BUSINESS PROCESS WORKFLOW TO CAPITALIZE ON EFFICIENCY IN ORDER TO DELIVER TIMELY AND QUALITY SERVICE TO OUR CUSTOMERS.

ZACH STRIVE TO BETTER NOT ONLY HIS ROLE IN THE PLAN REVIEW PROCESS, BUT ALSO TO ADD VALUE TO ALL INSPECTION SERVICES FUNCTIONS. THIS INCLUDES SUPPORT OF THE DEVELOPMENT SERVICES BUSINESS UNITS.

HE IS AN EXEMPLARY EMPLOYEE AND AN ASSET TO THE CITY OF AUBURN.

CONGRATULATIONS, ZACH, AND THANK YOU.

(MUSIC PLAYING)

>> SPEAKER: THANK YOU, GREG. SHORTLY CONGRATULATIONS TO ZACH.

WE APPRECIATE HIS GREAT WORK AND TO ASHLEY AND BART.

AND TO TIM, CERTAINLY WISH MY OLD TEAMMATE AND FRIEND TIM WOODY AND THE BEST IN RETIREMENT.

HE HAS SERVED THE CITY FOR 35 YEARS AND BEEN A GOOD FRIEND THE LAST TWO AND HALF YEARS. HE AND I HAVE BEEN PART OF A BOOK CLUB AS WE HAVE READ DIFFERENT BOOKS REVOLVING AROUND RACIAL RECONCILIATION. FIVE OF US WILL PLAY FOOTBALL TOGETHER AT AUBURN HIGH SCHOOL HAVE BEEN GETTING TOGETHER WE CAN GOING THROUGH BOOKS TOGETHER.

TIM IS A SPECIAL MAN AND I'M GLAD HE'S GOING TO REMAIN IN OUR COMMUNITY AND I LOOK FORWARD TO DO LIFE WITH HIM.

I WANT TO THANK EVERYBODY WAS INVOLVED IN THE POLAR PLUNGE LAST WEEKEND. THANKS CERTAINLY TO PARKS AND REX STAFF, ELIZABETH KAUFMAN FOR PUTTING THAT ON PRINTED BENEFITS SPECIAL OLYMPICS. THERE WERE ALSO MEMBERS OF OUR POLICE DEPARTMENT THAT JUMPED IN, MEMBERS OF OUR FIRE DEPARTMENT AND JUMPED IN. WE HAD EMS PEOPLE IN CASE FOLKS GOT TOO COLD OUT THERE. IT WAS THE COLDEST POLAR PLUNGE WE HAVE HAD YET SINCE I'VE BEEN THE MAYOR.

IT WAS GREAT TO SEE A NUMBER OF PEOPLE OUT THERE HAVING A GOOD TIME AND DOING SOMETHING PRETTY CRAZY TO BENEFIT OTHERS.

I WANT TO REMIND EVERYBODY THE CITIZEN SURVEY WILL BE COMING OUT SOON AND YOUR ADDRESS MIGHT BE SELECTED IF YOU RECEIVE THAT

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THOSE QUESTIONS ARE IMPORTANT, THAT GUIDANCE IS IMPORTANT TO THE CITY AS IT LEADS US STRAIGHT INTO THE BUDGET WHICH PRIORITIZES THE MONEY THAT WE SPEND, THAT YOU GIVE US AS TAXPAYERS TO MAKE AUBURN A BETTER PLACE.

IF YOU RECEIVE A CITIZEN SURVEY PLEASE TAKE THE TIME TO FILL THAT OUT. DURING THE COMMITTEE OF THE WHOLE TONIGHT WE HAD A NUMBER OF DISCUSSIONS.

WE WILL SOON BE APPROVING I BELIEVE THE NEW NAME OF THE ROAD THERE WILL BE THE CONNECTOR BETWEEN RICHMOND ROAD AND HIGHWAY 14 WHICH WILL NOW BECOME WILL BUECHNER PARKWAY.

CHIEF DAWSON BROUGHT THAT TO OUR ATTENTION TONIGHT.

MAYOR PRO TEM BETH WITTEN HAS ASKED US TO CONSIDER DISCUSSION ABOUT COMMUNITY ARTS AT OUR NEXT COMMITTEE OF THE WHOLE AND COUNCILMAN GRISWOLD ALSO ASKED FOR US TO HAVE A FURTHER DISCUSSION ABOUT NOISE MITIGATION EFFORTS HERE IN THE CITY. I BELIEVE THAT CLEARS ME UP FROM THE MAYOR'S COMMUNICATION. ANYONE ON THE COUNCIL HAVE ANY WITH THINK THEY WOULD LIKE TO ANNOUNCE THAT?

>> SPEAKER: I DO. >> SPEAKER: YES, MA'AM.

>> SPEAKER: I WILL BE HOSTING A SENIOR CITIZEN VALENTINE BALL ON SATURDAY FEBRUARY 12 FROM FOUR TO SEVEN AT THE BOYKIN CENTER AUDITORIUM. ALL SENIOR CITIZENS IN THE COMMUNITY IS INVITED TO COME OUT AND ENJOY.

>> SPEAKER: THANK YOU. ANYONE ELSE FROM THE COUNCIL HAVE SOMETHING THEY WOULD LIKE TO ANNOUNCE?

>> SPEAKER: I WOULD LIKE TO ACKNOWLEDGE, I THINK FEBRUARY IS OUR CITY MANAGER'S ANNIVERSARY MONTH.

SO HAPPY ANNIVERSARY AND I KNOW IT IS BEEN A VERY FULFILLING AND CHALLENGING YEAR, BUT YOU HAVE DONE A GREAT JOB FOR MY PERSPECTIVE AND I JUST APPRECIATE ALL THAT YOU DO FOR OUR CITY. THANK YOU.

>> SPEAKER: THANK YOU. I HAVE TO TELL MYSELF I CALLED HUMAN RESOURCES DIRECTOR 3:30 THIS AFTERNOON AND SAID I REALIZED I HAD A MEMORY POPPED UP ON SOCIAL MEDIA I REALIZED IT WAS ONE YEAR ANNIVERSARY. I WAS MOTORING THROUGH.

I APPRECIATE THAT VERY MUCH AND I ENJOY SERVING IN THIS ROLE.

>> SPEAKER: COME ON OUT TO THE SENIOR CITIZENS BALL.

(LAUGHTER) >> SPEAKER: CONNIE, WHAT ARE YOU TRYING TO SAY? (LAUGHTER)

>> SPEAKER: MR. CHRIS WALL? >> SPEAKER: I WOULD LIKE TO ACKNOWLEDGE THAT TODAY IS THE FIRST DAY OF BLACK HISTORY MONTH AND I ENCOURAGE EVERYBODY TO EMBRACE AND ENJOY THAT.

[5. AUBURN UNIVERSITY COMMUNICATIONS. ]

>> SPEAKER: ANYONE ELSE ON THE COUNCIL? NOW TIME FOR AUBURN UNIVERSITY COMMUNICATIONS.

>> SPEAKER: HI EVERYONE. I HOPE YOU'RE DOING WELL.

BEAUTIFUL DAY OUTSIDE TODAY. I WAS SITTING OUTSIDE, LOVELY WEATHER. TODAY AT 3 O'CLOCK TO MARK THE KICKOFF OF SJ ELECTION SO IF YOU COULD AVOID IT GOING ON CAMPUS THIS WEEK OR YOU WILL GET BOMBARDED BY VOTE FOR ME.

THAT'S CIVIC ENGAGEMENT AND WE LOVE TO SEE THAT.

BY FRIDAY NIGHT WE SHOULD HAVE A VIEW TO WHICH A NEW PRESIDENT, AND A NEW SENATE. TODAY ALSO MARKS THE KICKOFF OF BLACK HISTORY MONTH. AUBURN UNIVERSITY IS WORKING WITH THE OFFICE OF INCLUSION AND DIVERSITY THIS MONTH ALL MONTH LONG EVENTS WILL BE GOING ON. I THINK TOMORROW NIGHT THEY ARE HAVING A FOOD NIGHT, MOVIES ALL MONTH, KEYNOTE SPEAKERS.

ALL STUDENTS ARE ENCOURAGED TO GO TO THOSE.

I'M PLANNING ON ATTENDING LOTS OF THEM.

AND THEY CAN JUST SIGNED UP ON A HUMAN YOU INVOLVE TO SHOW UP.

AND AUBURN IS DOING PRETTY WELL IN BASKETBALL.

I GUESS. I'M NOT REALLY INTO SPORTS BUT I THINK THEY ARE DOING PRETTY WELL.

THERE THEY WILL BE PLAYING ALABAMA TONIGHT.

STAY AWAY FROM THE AREA IF YOU ARE NOT.

>> SPEAKER: I HOPE SOMEBODY SAVE YOU A SEAT.

>> SPEAKER: I HOPE SO. I SAW STUDENT SITTING OUT THIS MORNING AT 7 AM WHEN I WAS GOING ON MY WALK.

HOPEFULLY THEY WERE DOING ZOOM CLASSES ARE READING SOME BOOKS OR SOMETHING. THEY BEEN SITTING OUT THERE ALL DAY. WE HAVE TRIED SINCE THAT LAST TIME AT PEARL BILL THEY HAVE DONE WRISTBANDS THIS TIME SO PEOPLE DON'T HAVE TO CAMP OUT OVER TIME -- OVERNIGHT.

MALVERN BASEBALL IS WORKING ON A STUDENT SECTION BECAUSE WE ARE IN EVERYTHING SCHOOL. WE ARE TRYING TO GET A STUDENT SECTION FOR THAT. I ALSO WANT TO SAY THANK YOU FOR BREAKFAST LAST WEEK. BY THE NEXT BREAKFAST WE SHOULD BE ABLE TO INTRODUCE Y'ALL TO OUR NEW SJ PRESIDENT.

THAT'S ALL I HAVE. THANK YOU.

>> SPEAKER: THANK YOU. NOW IS AN OPPORTUNITY FOR CITIZENS TO COMMUNICATE TO THE COUNCIL ONLY ABOUT ITEMS ON TONIGHT'S AGENDA. IF YOU HAVE SOMETHING YOU WOULD LIKE TO SPEAK TO YOU ON TONIGHT'S AGENDA.

A NUMBER OF THESE ITEMS THAT SOME OF YOU MIGHT BE HERE FOR HAVE PUBLIC HEARINGS ATTACHED. IF THAT IS IN FACT WHAT YOU WOULD LIKE TO SPEAK TO THE COUNCIL I WOULD ASK THAT YOU WAIT UNTIL THAT TIME TO COME FORWARD.

IF THERE'S ANYTHING ON THE COUNCIL THAT DOESN'T HAVE A PUBLIC HEARING NOW WOULD BE A GOOD TIME TO SPEAK.

MS. CROUCH, I KNOW WE WANT TO MOVE FORWARD AND WE WILL ADJUST OUR SCHEDULE HERE. 'S.

>> SPEAKER: IF THE COUNCIL -- IF THIS IS AMENABLE TO THE COUNCIL I WOULD LIKE TO RECOMMEND THAT YOU CONSIDER MOVING ITEM 11A WHICH IS ANOTHER ITEM OF BUSINESS UP AND THE AGENDA. IS THAT ACCEPTABLE PER THE

[11. OTHER BUSINESS. ]

CHAIR? >> SPEAKER: I BELIEVE IT WOULD BE ACCEPTABLE TO THE COUNCIL, YES.

[00:10:01]

>> SPEAKER: SO WE WILL TAKE OUT OF ORDER.

ITEM 11A IS A RESOLUTION NAMING THE SOON TO BE CONSTRUCTED ROAD KNOWN AS THE RICHLAND CONNECTOR RODE THAT WILL ULTIMATELY CONNECT RICHLAND ROAD AND MARTIN LUTHER KING DRIVE/ALABAMA HIGHWAY 14 TO BE NAMED THE WILL BUCHER PARKWAY.

>> SPEAKER: MOVE FOR PUPIL. >> SPEAKER: MOTION AND SECOND.

ANY DISCUSSION? ALL IN FAVOR SAY AYE? AND HE OPPOSED? THE MOTION CARRIES.

I THINK IT IS IMPORTANT FOR US TO CLAP.

(APPLAUSE) (APPLAUSE)

>> SPEAKER: WE LOOK FORWARD TO THE DAY THE SUN GOES UP.

AND HENRY, I HOPE YOU HAVE A GREAT BIRTHDAY.

HAPPY BIRTHDAY TO HENRY. THANK YOU ALL FOR BEING HERE.

[8. CONSIDERATION OF CONSENT AGENDA. ]

MS. CROUSE? >> SPEAKER: 'S FIRST ITEM OF BUSINESS IS CONSENT AGENDA. IS ANY COUNCIL MEMBER WAS TO REMOVE AN ITEM FROM THE CONSENT AGENDA AND DEAL WITH THAT ITEM

SEPARATELY? >> SPEAKER: I WOULD LIKE TO

REMOVE 8C1. >> SPEAKER: I WOULD LIKE TO

REMOVE 8C4. >> SPEAKER: ANYONE ELSE ON THE COUNCIL LIKE TO HAVE A CONSENT AGENDA ITEM REMOVED? OKAY. WE WILL TAKE THOSE IN ORDER.

8C1. >> SPEAKER: AUTHORIZES THE PURCHASE OF ASTROTURF FOR THE AUBURN SOCCER COMPLEX EXPANSION FROM ASTROTURF CORPORATION IN THE AMOUNT OF $1,751,515.

>> SPEAKER: MOVE FOR APPROVAL. >> SPEAKER: SECOND.

>> SPEAKER: MOTION AND SECOND. MS. WITTEN KAMAU TURNS OVER TO

USE. >> SPEAKER: I JUST WANTED TO THANK THE CITY FOR MAKING THIS A PRIORITY.

I KNOW THAT WE ARE DEFICIENT IN FIELD, MULTIPURPOSE FIELD IN PARTICULAR. AND I BELIEVE THAT THE ASTROTURF SHOULD BE APPROVED IS A GREAT STEP FORWARD IN THE DIRECTION OF PROVIDING FIELDS THAT AREN'T SUBJECT TO OUR TORRENTIAL RAINS AND FINICKY WEATHER THAT WE HAVE.

I THINK IT IS A GOOD MOVE IN THE RIGHT DIRECTION.

>> SPEAKER: I WOULD AGREE WITH YOU, MS. WITTEN.

THIS IS I BELIEVE A GREAT SERVICE TO OUR COMMUNITY TO ALLOW OUR CHILDREN MORE OPPORTUNITIES TO PLAY ON OUR FIELDS, EVEN WHEN THE WEATHER HAS BEEN INCLEMENT.

THANK YOU FOR THE CITY TO CONSIDER THIS.

ANYTHING ELSE FROM THE COUNCIL? MOTION AND SECOND.

ALL IN FAVOR? AND HE OPPOSED? THE MOTION CARRIES. MS. CROUSE, 8C4.

>> SPEAKER: AUTHORIZES A DEVELOPMENT AGREEMENT THAT INCLUDES VARIOUS INFRASTRUCTURE IMPROVEMENTS WITH FAB II LLC AND JAMES ROAD LLC FOR THE OLD SAM FOR DEVELOPMENT.

>> SPEAKER: MOVE FOR APPROVAL. >> SPEAKER: MOTION AND SECOND I WILL TURN THIS OVER TO MR. GRISWOLD.

>> SPEAKER: FIRST OFF I WOULD LIKE TO COMMEND THE CITY STAFF FOR WORKING SO HARD TO BRING THIS DEVELOPMENT TO THE TABLE.

I KNOW YOU HAVE BEEN NEGOTIATING WITH THE DEVELOPER FOR QUITE SOME TIME. THE THINGS THAT YOU HAVE ACHIEVED THROUGHOUT THESE NEGOTIATIONS WILL CERTAINLY IMPACT THE CITY AND PROVIDE BENEFIT TO ALL OF US FOR SOME TIME TO COME. I KNOW WE HAVE TWO OTHER AGENDA ITEMS ON THE OLD SANFORD AREA SO I WILL RESERVE SOME COMMENTS FOR THAT TO. BUT THIS PARTICULAR AGREEMENT HAS SOME PRETTY UNIQUE CONCESSIONS FROM THE DEVELOPER.

PREDOMINANTLY THINGS THAT ARE OFF-SITE, THINGS THROUGHOUT THE CITY THAT WILL BENEFIT FROM THIS AGREEMENT, NOT JUST IN THE LOCATION OF THE DEVELOPMENT, BUT THINGS SUCH AS WIDENING NORTH DONOHUE DR., IMPROVEMENTS TO NORTH DONOHUE AND SHOWED -- SHOULD PARKWAY, IMPROVEMENTS TO JAMES HILL AND FARMVILLE, FUTURE WIDENING OF FARMVILLE, INTERSECTION IMPROVEMENTS AT THE MRS. JAMES, A DEDICATED RIGHT-OF-WAY TO HELP SUPPORT THE CITY AND ITS TRAFFIC -- FUTURE LOOP.

SOMETHING THAT WE HAVE BEEN LOOKING FORWARD TO FOR A LONG LONG TIME. A LUMP-SUM PAYMENT IN ADDITION TO THAT FOR OTHER OFF-SITE STREET IMPROVEMENTS, THEY WILL CONTRIBUTE FUNDS FOR A FUTURE CREEK CROSSING FOR A NEW WATER MAIN AND ALSO PROVIDE PUBLIC ACCESS TO THE SAUGAHATCHEE GREENWAY. IN ADDITION TO THE THINGS THAT ARE OUTLINED THERE OFF-SITE, ONSIDE THEY HAVE CONTRIBUTED ACREAGE TO THE AUBURN CITY SCHOOL DISTRICT FOR THE BUILDING OF A FUTURE SCHOOL TO BE DETERMINED.

IN ALL, I HAVE NOT BEEN A TREMENDOUS FAN OF DEVELOPMENT IN THE CITY OF AUBURN I THINK WE HAVE MADE SOME MISTAKES IN THE

[00:15:05]

WE HAVE A PLANNED COMMUNITY OPPORTUNITY ALONG A CORRIDOR THAT WAS GOING TO BE DEVELOPED REGARDLESS.

I THINK THAT BOTH THE DEVELOPER AND THE CITY STAFF SHOULD BE COMMENDED FOR BRINGING THIS TO THE FOUR.

THANK YOU. >> SPEAKER: I WOULD LIKE TO ECHO THAT. THANK YOU FOR MENTIONING THAT.

KELLEY, I THINK THIS IS A GOOD OPPORTUNITY, WHEN WE WERE FIRST INTRODUCED TO THIS PROJECT AND I APPRECIATE THE WORK SECTION STAFF. I THINK THE INITIAL REACTION FOR LACK OF A BETTER TERM WAS TO COMMENT ON THE SCALE OF WHAT WE WERE DISCUSSING. BUT I THINK THIS IS AS IT HAS UNFOLDED SHOWN WHAT AN OPPORTUNITY WE HAVE HAD TO PARTNER WITH SOMEONE WILLING TO MAKE CONCESSIONS AND IMPROVEMENTS THAT MR. GRISWOLD HAD MENTIONED.

AS THINGS DEVELOP AND AS WE GROW , AS WE ARE A GROWING COMMUNITY, I THINK IT HIGHLIGHTS THE OPPORTUNITY THAT WE HAVE, NOT NECESSARILY ALWAYS WITH DEVELOPMENT COMING IN WHEN WE HAVE A PARTNERSHIP WITH SOMEONE WILLING TO MAKE THE CITY AS A WHOLE BETTER. I APPRECIATE THE DEVELOPER AND THE CITY STAFF FOR TRYING TO REALLY HAMMER THIS OUT OVER

SEVERAL MONTHS NOW. >> SPEAKER: THE BEST WAY THAT WE CAN ASSIST IN MAKING AUBURN'S FUTURE GROWTH BETTER FOR ALL OF US IS TO PLANET AS MUCH AS POSSIBLE.

PLAN IT. OUR DEVELOPER GOT TOGETHER AND TRIED TO PUT THESE PLANS TOGETHER AND I COMMEND THE TIME AND EFFORTS AND THE SACRIFICES THAT WERE MADE TO MAKE THIS HAPPEN. I AM THANKFUL FOR THIS.

I AM CERTAINLY CONFIDENT THAT THIS WILL BE A SUCCESSFUL DEVELOPMENT. THEY DID A LOT OF THINGS THAT WILL BENEFIT ALL OF US IN OUR COMMUNITY BY SOME OF THE SACRIFICES AND INVESTMENTS THAT THEY WILL MAKE BACK INTO AUBURN.

I AM GRATEFUL FOR THEIR WILLINGNESS TO DO THAT AND CERTAINLY WE HAVE SOME THINGS TO MAKE DECISIONS ON TONIGHT.

AS MR. GRISWOLD SAID, THIS WAS A GREAT EFFORT OF BOTH SIDES COMING TOGETHER OF GETTING AROUND A TABLE FOR MANY, MANY HOURS TO TRY TO FIGURE OUT A PATHWAY TO MAKE THIS WORK.

WHERE WE COULD COME HERE TONIGHT AND MAKE THESE KINDS OF DECISIONS. SO THINK EVERYBODY'S EFFORT FOR

DOING THAT. >> SPEAKER: SO THIS ITEM IS GOING TO BE -- WE WILL DISCUSS THIS ON THE AGENDA?

OR IS THIS A DISCUSSION. >> SPEAKER: THE DEVELOPMENT AGREEMENT THAT HAS BEEN REMOVED FROM THE CONSENT AGREEMENT AND WE WILL BE VOTING ON THIS AS SOON AS OUR DISCUSSION IS DONE.

THERE ARE A COUPLE OF OTHER ITEMS ON OUR AGENDA TONIGHT.

>> SPEAKER: THE DEVELOPMENT AGREEMENT IS PROCEEDING THE ZONING ACTIONS SO THAT YOU KNOW DOES ALL OF YOU HAVE INDICATED WE HAVE TO PUT A SUMMARY TOGETHER WE WILL NOT GO OVER IT AND TELL -- UNLESS YOU REQUEST AND WE WILL HANDED OUT TO BE AVAILABLE TO THE PUBLIC. THERE IS A HUGE MATRIX AND WE HAVE A MAP THAT ACCOMPANIES IT THAT IS INDEPENDENT OF ALL THE VAST INFORMATION THAT IS IN YOUR PACKET.

I WANT TO BE -- AND SUPPORT THAT EVERYBODY UNDERSTAND WHAT YOU HAVE INDICATED. IT'S NOT THE WORK THAT WAS PUT INTO ABOUT ALL PARTIES IT IS THE OUTCOME THAT IS BEEN KEY IN WHAT STAFF IS SIGNALING IS THAT THE COUNCIL IS INCLINED LATER TO IMPROVE THE DEVELOPMENT ITEMS AND REQUESTS FOR THIS DEVELOPING AGREEMENT DOESN'T OVERBURDEN THE TAX FOR PAYERS OF HONOR DOES AUBURN HAVE ANYTHING TO DO WITH THIS AGREEMENT IS MAKING EVERY ATTEMPT TO PAY FOR ITSELF ACROSS THE BOARD.

WITH THE LIMITED TOOLS WE HAVE IN THE STATE OF ALABAMA.

AND MUCH WORK HAS GONE INTO IT. APPROVING THIS HAS NO BEARING ON WHAT YOU CHOOSE TO DO LATER IN THE MEETING.

THIS IS JUST A FIRST STEP IN A PROCESS AND IT WILL BE AT COUNCIL DISCRETION HOW THEY PROCEED FROM THERE.

>> SPEAKER: I THINK IT IS IMPORTANT TO NOTE SINCE IT IS THE DEVELOPMENT PIECE OF THIS THAT THIS WON'T ALL COME ONLINE IN YEAR ONE. THIS IS SLATED OVER ALMOST A 20 YEAR TIME FRAME. IT IS EASY FOR US TO LOOK AT IT AT 5000 FEET, BUT REALLY WE SHOULD LOOK AT IT AT 30,000 FEET, KNOWING THAT THIS IS SOMETHING THAT WILL DEVELOP OVER TIME AND AS MARKETS INDICATES AND SO FORTH.

AND ISN'T THERE A MAXIMUM NUMBER OF LOTS THAT CAN COME ONLINE

EACH YEAR? >> SPEAKER: MR. CUMMINGS?

>> SPEAKER: 175. >> SPEAKER: I THINK IT'S IMPORTANT TO NOTE, ESPECIALLY THOSE IN THE AREA WHO LIVE OUT THAT DIRECTION NOW, TO KNOW THAT YOU WON'T SEE 1500 HOMES OR UNITS COME ONLINE IN A SHORT ORDER.

IT IS STAGED. 170 PER YEAR?

>> SPEAKER: 170 PER YEAR IS THE MAXIMUM.

>> SPEAKER: AND AGAIN, WE WILL HAVE PLENTY OF TIME, AND GET INTO THE SPECIFICS OF THE. WE HAVE A NUMBER OF THINGS GOING WITH THE DEVELOPMENT ITEMS THEMSELVES.

JUST CLARIFYING FOR THE PUBLIC. LISTENING THAT THIS IS JUST AN

[00:20:04]

>> SPEAKER: ANY OTHER COMMENTS RELATED TO THE DEVELOPMENT AGREEMENT? WE HAVE A MOTION AND SECOND.

ALL IN FAVOR? ANY POST? THAT MOTION CARRIES. TO HAVE A MOTION TO APPROVE THE

BALANCE OF THE CONSENT AGENDA? >> SPEAKER: SO MOVE.

>> SPEAKER: SECOND. >> SPEAKER: ANY OTHER FURTHER DISCUSSION? ALL IN FAVORITE? ANY POST? CONSENT AGENDA IS CARRIED FORTH.

[9. ORDINANCES. ]

>> SPEAKER: AND ORDINANCES THIS EVENING ITEM 9A IS A REQUEST FROM BLAKE RICE ON BEHALF OF JOHN AND SHERI TODD TO ANNEX APPROXIMATELY 4.83 ACRES OF PROPERTY LOCATED NORTHEAST OF THE CITY OF AUBURN SOCCER COMPLEX.

ADJACENT TO THE SILOS AT CONWAY. PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL AT ITS DECEMBER 9, 2021, MEETING.

UNANIMOUS CONSENT IS NECESSARY. >> SPEAKER: I WILL INTRODUCE

THE ORDINANCE. >> SPEAKER: SECOND.

>> SPEAKER: MOTION AND SECOND FOR ANYONE ON THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH THE VOTE ON THIS THIS EVENING? SEEING AND HEARING ON ANY DISCUSSION? OKAY. LINDSAY, ROLL CALL.

(ROLL CALL) >> SPEAKER: ITEM NINE MIGHT BE ONE IS A REQUEST FROM BLAKE RICE ON BEHALF OF JAMES ROAD LLC AND FAB II LLC TO REZONE APPROXIMATELY 679.4 ACRES LOCATED SOUTH OF MRS. JAMES ROAD AND WEST OF CAMDEN WEST SUBDIVISION FROM RURAL TO DEVELOPMENT DISTRICT HOUSING.

THIS PROJECT IS KNOWN AS OLD SANFORD.

THE PLANNING COMMISSION FAILED TO PASS A MOTION RECOMMENDED APPROVAL OF THIS REQUEST BY A VOTE OF TWO TO FOUR AT ITS NOVEMBER 9 MEETING. FOR THIS ITEM WAS POSTPONED FROM THE DECEMBER 21, 2021, CITY COUNCIL MEETING.

A PUBLIC HEARING IS REQUIRED. >> SPEAKER: I WILL INTEREST THE ORDINANCE AND ASKED FOR UNANIMOUS CONSENT.

>> SPEAKER: SECOND. >> SPEAKER: MOTION AND SECOND.

DOES ANYONE ON THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH A VOTE ON THIS THIS EVENING? SEEING AND HEARING NONE I WILL OPEN THIS PUBLIC HEARING. IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL PLEASE COME FORWARD AND SHARE WITH US YOUR NAME AND

ADDRESS FOR THE RECORD. >> SPEAKER: GOOD EVENING.

BLAKE RICE WITH BARRETT SIMPSON ENGINEERING.

I WOULD JUST LIKE TO ECHO WHAT COUNCILMAN CHAPMAN GRISWOLD SAID. AND ANDERS.

I APPRECIATE EVERYONE'S TIME AND EFFORT ON THIS, STAFF HAS BEEN AMAZING TO WORK WITH. THROUGH THIS PROCESS THAT WE HAVE BEEN WORKING ON ALMOST FOUR YEARS NOW.

IT HAS BEEN A LONG ROAD BUT THERE ARE VERY FEW OPPORTUNITIES IN A CITY OF OUR SIZE TO PROVIDE AN OPPORTUNITY FOR A PROPERLY PLANNED DEVELOPMENT. IT HAS BEEN OUR EFFORTS TO DO SO. I HOPE THE COUNCIL SEES THE RESULTS OF THOSE EFFORTS. A PROPERLY PLANNED COMMUNITY CAN REALLY CHANGE HOW CITIES VIEW DEVELOPMENT AS A WHOLE.

WHEN DEVELOPMENTS ARE DONE IN A WAY THAT MAKES SENSE TO EVERYONE INVOLVED, IT GIVES THE OPPORTUNITY TO PROVIDE AMENITIES BOTH CONSTRUCTED AND USE OF NATURAL OPEN SPACE AREAS, PROVIDE THINGS THAT WE DON'T GET TO SEE IN DEVELOPMENT WHEN THEY ARE DONE 50 OR 100 ACRES AT A TIME.

STAFF HAS WORKED SO HARD WITH US ON THIS.

I BELIEVE THAT WE HAVE COME TO A PATH FORWARD ON THIS AND I WOULD DO WHAT I AM HERE TO ANSWER ANY AND ALL QUESTIONS THAT ANYONE

FROM THE PUBLIC OR COUNCIL HAS. >> SPEAKER: THANK YOU, BLAKE.

ANYONE ELSE LIKE TO ADDRESS THE COUNCIL?

>> SPEAKER: THANKS FOR HEARING ME, MY NAME IS LARRY BROWNEN LIVE AT 728 YARBROUGH FARMS BLVD. IN AUBURN.

I SPOKE WITH YOU ON THE PHONE ABOUT A WEEK AGO AND APPARENTLY I MISUNDERSTOOD. I CAME TONIGHT TO VOICE OBJECTION TO THIS DEVELOPMENT BECAUSE THE TRAFFIC IS GOING TO BE UNBELIEVABLE, WHETHER IT TAKES FIVE YEARS OR TEN YEARS.

IT IS GOING TO BRING IN 6000 CARS.

DONAHUE, COLLEGE, RICHLAND, THE RICHLAND LOOP, FARMVILLE, THEY WILL ALL HAVE TO BE FOUR-LANE HIGHWAYS WITH STOPLIGHTS.

THERE IS NO OTHER WAY TO DEAL WITH THAT.

YOU WILL BE ABLE TO TURN LEFT ON COLLEGE IF YOU ARE COMING FROM AN ADJACENT STREET. BUT, I WAS TOLD THE DECISION HAS BEEN MADE BUT OBVIOUSLY FROM YOUR COMMENTS THE DECISION HAS ALREADY BEEN MADE. SO I QUESTION WHY NEVEN HERE.

>> SPEAKER: YOU ARE WELCOME ANYTIME HERE.

[00:25:02]

>> SPEAKER: SHE WHAT I'M SAYING I CAME TO TALK ABOUT AN ISSUE

THAT I WAS TOLD HADN'T BEEN. >> SPEAKER: WE HAVEN'T MADE A

DECISION YET. >> SPEAKER: OKAY.

THANKS. >> SPEAKER: ANYONE ELSE LIKE TO ADDRESS THE COUNCIL? WE WILL CLOSE THE PUBLIC HEARING. ANY COMMENTS FROM THE COUNCIL? ANY QUESTIONS FROM THE COUNCIL? MR. RICE ALSO OFFERED TO ANSWER

ANY QUESTIONS. >> SPEAKER: ARE WE TALKING ABOUT RIGHT NOW JUST TALKING ABOUT THE ZONING OR ARE WE

TALKING ABOUT ACTUALLY GOING. >> SPEAKER: WE ARE TALKING ABOUT THE REZONING. THAT IS WHAT WE ARE DECIDING

RIGHT NOW. >> SPEAKER: I HAVE A QUESTION.

FOR CLARIFICATION FROM STAFF, YOU RECOMMENDED A DENIAL, CORRECT, AND THE BEGINNING PROCESS OF THIS.

>> SPEAKER: STAFF RECOMMENDATION WAS FOR DENIAL BASED ON THE COMPETENCE OF PLAN. IT WAS NECESSARILY BASED ON THE

MERITS OF THE REQUEST. >> SPEAKER: THANK YOU.

>> SPEAKER: CAN WE TALK ABOUT THE CURRENT ZONING ALLOWABLE MAXIMUM UNITS VERSUS WHAT THIS REQUEST FOR DDH, WHAT THE PROPOSED PDD, WHICH IS THE DEVELOPMENT AGREEMENT PEACE, WHAT THE DIFFERENCE -- I HAVE DONE THE MATH BUT CAN YOU TALK ABOUT WHAT THE CURRENT ZONING ALLOWS AND WHAT COME IF THIS IS APPROVED, WHAT THE ALLOWABLE UNITS WOULD BE.

>> SPEAKER: STAFF WOULD BE GLAD TO DO THAT.

I KNOW -- I DON'T WANT TO MISREPRESENT.

I THINK THIS IS FAIRLY CLOSE BUT JAY HOW THE PROJECT MANAGER FOR THIS REQUEST IS HERE SO IF IT WOULD BE OKAY HE COULD PROBABLY ADDRESS THAT MORE ACCURATELY THAN I MIGHT.

>> SPEAKER: RIGHT NOW WE ARE ONLY REFERRING TO THE DDH PEACE AND NOT THAT MOVING OF THE PLAN DEVELOP A DISTRICT.

BUT WHEN I DON'T WANT TO YOU IS REMOVE DON'T CONFUSE YOU.

THERE'S TWO ON THE AGENDA AND ONE IS RELATIVE AND I WANT TO MAKE SURE COUNCILMEMBER WITTEN'S RUSSIAN IS CLEAR.

ARE YOU REFERRING TO HOW MANY UNITS COULD BE PLACED ON THE PROPERTY AS IT STANDS TODAY WITHOUT THIS REZONING?

>> SPEAKER: CORRECT. >> SPEAKER: SO THERE IS A PIECE OF IT THAT IS ALREADY ZONED A CERTAIN WAY VERSUS -- I WANT TO MAKE SURE WE ARE GETTING AT THE CORRECT ANSWER THAT YOU ARE

SEEKING. >> SPEAKER: NOT COMPARING TO WHAT IS PROPOSED BUT BASED ON THE EXISTING ZONING FOR THE

885 ACRES. >> SPEAKER: THAT'S FINE.

>> SPEAKER: I BELIEVE THAT IS THE 1356 UNITS.

>> SPEAKER: OKAY. IF WE WERE TO APPROVE THE ZONING REQUEST, THEN IT WOULD GO DOWN -- IF IT HAS WHAT THE PROPOSED PLAN DEVELOPMENT, WHICH WAS JUST APPROVED, IT WOULD BE

1552 UNITS? >> SPEAKER: THAT'S CORRECT.

>> SPEAKER: SO LESS THAN 200 UNIT DIFFERENCE.

I THINK IT IS IMPORTANT TO NOTE FOR THE PUBLIC'S PERSPECTIVE THAT DEVELOPMENT WOULD HAVE OCCURRED REGARDLESS OF OUR ACTIONS THIS EVENING AND THE CITY HAS AN OPPORTUNITY IN THE RESPONSIBILITY, I BELIEVE, TO MAKE SURE THAT THE DEVELOPMENT IS TO THE BEST OF THE CITY'S BENEFITS, WHICH I THINK THAT IS WHAT WE ARE LOOKING AT. 1356 UNITS COULD BE ZONED -- COULD BE BUILT WITHOUT OUR APPROVAL, BECAUSE IT IS PERMITTED BY RIGHT. BUT WHAT WE ARE DECIDING TONIGHT IS TO BASICALLY HAVE BETTER CONTROLS IN PLACE AND A BETTER PLAN IN PLACE FOR THAT AREA WHICH WOULD BENEFIT THE CITY AS A WHOLE. SO I JUST THINK IT IS IMPORTANT

THAT THE PUBLIC UNDERSTANDS THAT >> SPEAKER: DO YOU HAVE

SOMETHING TO ADD? >> SPEAKER: SOME CLARIFICATION.

ON PAGE 3, THERE IS A TABLE THAT MR. HOW PUT TOGETHER, MAXIMUM NUMBER OF UNITS FOR THE PROPERTY.

UNDER THE CURRENT ZONING, PLUS THE 1356, IF YOU REZONE TO DH FOR THE PARTIAL THAT ARE BEING REQUESTED FOR DDH, THAT GOES TO

46 -- 4868. >> SPEAKER: WITHOUT THE PDD.

>> SPEAKER: JUST WITH THE DDH REZONING.

>> SPEAKER: MR. FOOT, TO CLARIFY, THE NEXT AGENDA ITEM WITH THE PLAN DEVELOP DISTRICT, THEN OBLIGATES THE DEVELOPER TO THAT UNIT COUNT WITHOUT COMING BACK TO THE PLANNING COMMISSION

AND TO THE CITY COUNCIL. >> SPEAKER: THAT'S CORRECT FOR

THE 1552 THAT WAS TALKED ABOUT. >> SPEAKER: AND IT HOLDS THEM TO THAT NUMBER INDEFINITELY, CORRECT?

>> SPEAKER: YES, WITHOUT ANOTHER VISIT FROM THE PLANNING COMMISSION AND CITY COUNCIL TO AMEND THE PDD.

>> SPEAKER: THANK YOU. >> SPEAKER: ANY OTHER QUESTIONS

OR COMMENTS FROM THE COUNCIL? >> SPEAKER: WHEN YOU SAY 1300 UNITS, THE RURAL DEVELOPMENT ZONING NOW, ARE YOU TALKING ABOUT WHEN YOU SAY UNITS ARE YOU JUST TALKING ABOUT HOMES OR ARE

YOU TALKING ABOUT COMMERCIAL? >> SPEAKER: THAT WOULD BE HOMES

[00:30:02]

>> SPEAKER: OKAY. AND THEN IF IT IS APPROVED FOR THE DDH, THEN IS THAT JUST HOMES?

>> SPEAKER: THAT IS JUST HOMES. WE ARE TALKING ABOUT THOSE NUMBERS WE ARE TALKING ABOUT DWELLING UNITS.

IT COULD BE SINGLE FAMILY HOME, MAYBE A TOWNHOME, BUT IS A

RESIDENCE. >> SPEAKER: OKAY.

>> SPEAKER: ANY OTHER QUESTIONS?

>> SPEAKER: I HAVE A QUESTION FOR MR. RICE.

AS I UNDERSTAND IT, MISTER THORN, THE PROPERTY OWNER, HAS BEEN APPROACHED BY NUMEROUS OTHER DEVELOPERS.

IF THIS DID NOT GO THROUGH THAT THE PROPERTY COULD BE DIVIDED UP INTO VARIOUS DEVELOPMENT ALONG THE WAY.

SO ONE WAY OR ANOTHER, THE OWNER IS GOING TO ADDRESS OR ENCOURAGE DEVELOPMENT. IS THAT A FAIR STATEMENT?

>> SPEAKER: YES, SIR, I THINK THAT WOULD BE A FAIR STATEMENT.

THE PROPERTY, THE CURRENT PROPERTY OWNER HAS BEEN ABOUT HALF OF THIS PROPERTY WAS PART OF AN ORIGINAL DEVELOPMENT IN THE AREA. THAT'S THE REASON SO MUCH OF THIS PROPERTY IS CURRENTLY ALREADY ZONED DDH, BECAUSE IT WAS EFFECTIVELY GOING TO BE FUTURE EXTENSIONS OF THE CAMDEN RIDGE SUBDIVISION. MR. THORNE, DR. THORNE HAS, AND FAMILY, HAS PURCHASED THIS PROPERTY FOR A VARIETY OF REASONS. THEY HAVE BEEN USING IT AS A PERSONAL RECREATION AREA FOR SOME NUMBER OF YEARS, BUT HE HAS BEEN APPROACHED MANY, MANY TIMES OVER THE TENURE OF HIS OWNERSHIP TO DEVELOP THIS PROPERTY, BUT HAS YET TO FIND A DEVELOPMENT PLAN THAT HE WAS COMFORTABLE WITH.

THAT CHANGED WHEN WE STARTED TALKING ABOUT OLD SAMFORD.

BUT SINCE THEN, OBVIOUSLY THERE HAS BEEN A GREAT DEAL OF DEVELOPMENT IN THE AREA AND I THINK IT IS A FAIR STATEMENT TO SAY THAT WITH OR WITHOUT OLD SANFORD, THIS AREA WILL NOW DEVELOP. IT IS GOING TO MOVE FORWARD IN SOME FASHION. WE HOPE IT IS OLD SANFORD AND WOULD LOVE TO PARTNER WITH THE CITY AND DO IT.

>> SPEAKER: THANK YOU. >> SPEAKER: I HAVE A QUESTION.

I THINK -- HE SAID ABOUT THE RIGHT TO DIFFERENT TYPES OF HOMES. LIKE TOWNHOMES AND I GUESS SINGLE SINGLE-FAMILY HOMES AND THAT TYPE OF STUFF.

DO YOU HAVE ANY IDEA WHAT THE PRICE RANGE OF THE HOMES WILL BE WILL THEY BE AFFORDABLE OR WILL THEY BE FOR THE RICH? I DON'T KNOW WHAT OTHER WAY TO ASK THAT.

ARE Y'ALL CONSIDERING ANY TYPE OF LOW TO MODERATE INCOME HOMES?

>> SPEAKER: NO SPECIFICALLY BASED LOW TO MOD MODERATE UNITS HAVE BEEN ANTICIPATED HERE. WHAT WE DO HAVE A PLAN TO DO IS PROVIDE A LARGE VARYING DIFFERENTIAL IN HOME SIZES AND LOT SIZES. YOU GET DOWN WHERE THERE ARE A FEW TOWNHOMES LOCATED HERE BUT THEN THERE ARE SOME SMALL DETACHED REAR ALLEY HOMES WORK BUT THEN YOU GO ALL THE WAY UP INTO SOME REALLY LARGE ESTATE TYPE LOTS.

WHAT WE FOUND OVER THE YEARS -- THIS IS NOT CONSIDERED TO BE A SINGLE BUILDER DEVELOPMENT. THIS IS A DEVELOPMENT THAT IS GEARED TOWARDS EVERYONE, REALLY. THERE IS SO MANY BUILDERS THAT GROWING UP IN THIS AREA, I HAVE SEEN BUILT IN AUBURN FOR A SIGNIFICANT AMOUNT OF TIME AND ARE NOT CURRENTLY BUILDING INSIDE THE CITY OF AUBURN. THEY ARE BUILDING IN OTHER PLACES SIMPLY DO TO LOT AVAILABILITY.

THERE LOT ARE AVAILABLE UNLESS YOU ARE THE DEVELOPER.

BECAUSE THE TREND HAS BECOME DEVELOPER BUILDER.

SO WHAT WE ARE TRYING TO DO IS DEVELOP A SUBDIVISION THAT WILL CATER TO LOTS OF DIFFERENT BUILDERS AND PROVIDE SOME

VARIABILITY WITHIN ITSELF. >> SPEAKER: BUT YOU CAN'T JUST SAY RIGHT NOW PROBABLY WITH THE HOMES WILL START AT?

>> SPEAKER: NO, MA'AM, I COULDN'T.

>> SPEAKER: WILL MISS HER RISES UP HERE, DOES ANYONE ELSE HAVE A

QUESTION? >> SPEAKER: I HAVE A QUESTION.

WHAT ARE WE PLANNING ON DOING ABOUT THE TRAFFIC? ANY IMPROVEMENTS SLATED FOR THE INCREASED TRAFFIC IN THAT AREA?

>> SPEAKER: THERE IS A NUMBER OF IMPROVEMENTS THAT THE DEVELOPMENT AGREEMENT SOMEWHAT OUTLINES, SOME OF THE TIME FRAMES. I WILL HAVE CITY ENGINEER FRASER FRAZIER OR DEVELOPMENT SERVICES EXECUTIVE DIRECTOR SCOTT CUMMINGS WAY IN WORK THERE ARE NUMBER OF IMPROVEMENTS A LOT OF

[00:35:01]

PART OF IT IS WE ARE COLLECTING FEES FROM A NUMBER OF ADJACENT SUBDIVISIONS FOR IMPROVEMENTS TO THINGS LIKE FARMVILLE AND DONAHUE AND OTHERS. THE CITY ENGINEER WILL KILL ME IF I GET THE WRONG TIME FRAME ON DONAHUE WIDENING.

WAS IT MEDIUM-RANGE? I GET THAT RIGHT? THE CITY CITYWIDE TRAFFIC STUDY, WHICH IS IN THE FIVE TO SEVEN YEAR TIME FRAME, OR SO. SHE WILL HEAR A LOT FROM ME ABOUT THAT BUT I WANT TO REMIND YOU WE HAVE A LOT OF THREE LANE ROADS IN AUBURN THAT HAVE A LOT OF CAPACITY.

THE PEAK HOUR CAPACITY, YOU CAN TRAVERSE STREETS IN ALMOST ALL OF YOUR WARS AT 5 PM ARE NOT OPERATING AT THEIR BEST LEVEL AND THAT IS NORMAL. DONAHUE WIDENING THE TRAFFIC COUNT NUMBERS ARE THERE WILL HAVE BEEN.

I ANTICIPATE THE INTERSECTIONS WILL SEE IMPROVEMENTS PRIOR TO SOME OF THE ROAD WIDENING'S. THAT WOULD MAINLY BE WE'VE ALREADY SEEN STOP SIGNS AT FARMVILLE AND DONAHUE THAT WILL MORPH AS SOON AS THE TRAFFIC SIGNAL WARRANTS.

WE HAVE THAT IN THE BUDGET TODAY TO PUT A TRAFFIC SIGNAL UP WITH THE NEW ELEMENTARY SCHOOL OPENING.

IT MAY CAUSE THAT TO WARRANT SOONER.

WE TALKED ABOUT THAT. THAT WOULD BE KNOW IF YOU WOULD ACTUALLY PUT A SIGNAL UP BEFORE WE IMPROVE THE INTERSECTION.

A NUMBER OF THINGS WILL BE HAPPENING AND THIS IS WHEN TRAFFIC STUDIES SAY THEY NEED TO HAPPEN OR WE ARE SEEING ANY EMPIRICAL DATA THAT WE HAVE OTHERWISE IT JUSTIFIES IT.

TO MEET ALSO SOME LIABILITY AND SAFETY THINGS, WE WILL DO THEM AT THE APPROPRIATE TIME TO TO BE CLEAR, THOUGH, THE DEVELOPER IS ALSO INSTALLING THINGS LIKE TURN LANES THAT GO INTO THE DEVELOPMENT AT THE TIME THAT THEY NEED TO INSTALL THOSE.

MANY IMPROVEMENTS WILL BE GOING ON.

THEY WILL BE GOING ON OVER A 20 YEAR PERIOD.

MAJOR INTERSECTION REALIGNMENTS, THINGS LIKE FARMVILLE AND MRS. JAMES ROAD HAVE TO GET REALIGNED.

THAT IS A STRANGE INTERSECTION. MUCH IS GOING ON.

AND SO YOU WILL SEE THAT THE EXACT TIMING OF WHICH IS GOING TO DEPEND A LITTLE BIT ON THE DEVELOPMENT SCHEDULE OF THIS PARTICULAR DIV ELEMENT AND ADJACENT DEVELOPMENTS.

WHAT IS GOING ON AT THE PRESERVE AND OUT ON PEAR TREE ROAD OR OTHER THINGS PASS INTO THIS. IT IS A TIMING THING.

MANY IMPROVEMENTS AND SOME WILL BE MADE DIRECTLY BY THEM AND SOME WILL BE MADE BY THE CITY. THE ONE CAVEAT I HAVE IS OUR DEVELOPERS ARE DOING A WONDERFUL JOB OF MONOPOLIZING THE TIME OF OUR EARTHMOVING AND ROADBUILDING CONTRACTORS.

SO I SAY THAT WITH ONE CAVEAT, THE CITY WILL DO ITS ABSOLUTE BEST THAT WE HAVE TO GET IN THE MIX WITH EVERYBODY ELSE WHO IS DEMANDING TIME OF A LIMITED GROUP OF PEOPLE THAT BUILD ROADS. WE ARE CHALLENGED AS YOU SEEN THROUGHOUT THE CITY TO GET A NUMBER OF OUR INFRASTRUCTURE IMPROVEMENTS DONE. BY HOW BUSY THE CONTRACTORS ARE THE DO THAT. WE ARE DOING EVERYTHING WE CAN TO REMEDY THAT BUT THAT IS A POINT WHERE WE JUST HAVE A LIMITED GROUP OF BUSINESSES THAT DO THAT WORK AND THEY ARE VERY, VERY BUSY, WHICH IS GOOD FOR THEN CHALLENGING FOR EVERYBODY

NEEDS THEIR SERVICES. >> SPEAKER: IF THIS DOESN'T FULLY DEVELOP OVER 20 YEARS AND PROPERTY OWNERS SELL OFF, WILL THEY STILL BE HELD TO THE RESTRICTIONS THAT WE ARE PUTTING

IN PLACE HERE TODAY? >> SPEAKER: ABSOLUTELY.

MUCH WORK HAS GONE IN. THIS ISN'T ABOUT AN ADJACENT DEVELOPMENT, THE PRESERVE, ONE OF THE CHALLENGES IS THE PRESERVE DEVELOPMENT AGREEMENTS HAVE ALL SUNSET.

THEY ARE PASS THEIR TIME AND WE ARE AT A PLACE WHERE SOME THINGS WON'T BE MOVING. WE HAVE HAD A NUMBER OF CHANGES OF OWNERSHIP AND ONE OF THE THINGS -- IN WORKING WITH THE OLD TEMPERED SAMFORD FOLKS, SURVIVING TIME AND LLC DURESS AND PARTNERSHIP CHANGES, WITH MADE A LOT OF SPECIFIC LANGUAGE CHANGES TO TRY TO ADJUST TO THAT.

MARKET CONDITIONS CAN FLUCTUATE TREMENDOUSLY AND CAUSE DELAYS AS THEY HAVE. THE PRESERVE HAS SEEN MANY FLUCTUATIONS IN THE ECONOMY AND OWNERSHIP CHALLENGES WITHIN PARTNERSHIP GROUPS. THAT IS ANTICIPATED IN HERE AND I THINK MR. CUMMINGS WILL TELL ME IF I MISS SOMETHING ON THAT.

>> SPEAKER: CHIEF, I DID KNOW IF YOU ARE THROUGH.

>> SPEAKER: THANK YOU. >> SPEAKER: ANY OTHER QUESTIONS OR COMMENTS? LINDSAY, ROLL CALL.

>> SPEAKER: I WOULD LIKE TO JUST SAY -- I DO APPRECIATE THE WORK THAT HAS GONE INTO THIS DEVELOPMENT.

I THINK THE VISION IS SOUND AND ATTRACTIVE IN A LOT OF WAYS.

HOWEVER, I WON'T BE SUPPORTING THIS SIMPLY BECAUSE IF ANYONE PAYS ATTENTION TO MY VOTING RECORD, I TEND TO VOTE IN SUPPORT OF DOCUMENTS THAT ARE ALREADY IN PLACE, I SUPPORT OUR ORDINANCES, OUR PLANNING DOCUMENTS AND I SUPPORT GENERALLY I WILL SUPPORT THE DETERMINATION OF STAFF AND THE PLANNING COMMISSION. I APPRECIATE YOUR WORK, BUT I WILL BE STANDING BY THE DOCUMENTS THAT THE CITY HAS

[00:40:05]

ALREADY ESTABLISHED. >> SPEAKER: LYNZI?

(ROLL CALL VOTE) >> SPEAKER: ITEM NINE MAYBE TWO IS A REQUEST FROM BLAKE RICE ON BEHALF OF JAMES ROAD LLC AND FAB II LLC TO APPLY THE PLANNED DEVELOPMENT DISTRICT OVERLAY TO APPROXIMATELY 885.05 ACRES OF PROPERTY WITH A BASE ZONE OF DEVELOPMENT IT TOOK HOUSING LOCATED SOUTH OF MRS. JAMES ROAD AND WEST OF THE CAMDEN WEST SUBDIVISION.

THIS PROJECT IS KNOWN AS THE OLD SAMFORD PLAN DEVELOP A DISTRICT.

THE PLANNING COMMISSION FAILED TO PASS A MOTION RECOMMENDING APPROVAL OF THIS REQUEST BY A VOTE OF ONE TO FIVE AT THE NOVEMBER 9 MEETING. PAY CAREFUL ATTENTION TO THIS PIECE. IF THE COUNCIL IS INCLINED TO APPROVE THIS REQUEST, STAFF IS RECOMMENDING THAT THE CONDITIONS THERE WAS A NUMBER OF CONDITIONS BE ADDED IN YOUR PACKET THAT ARE IN THE EXECUTIVE SUMMARY IN YOUR PACKET.

FOR YOUR CONSIDERATION. I WANT TO EXPLAIN QUICKLY WHAT THAT MEANS. BECAUSE THE PLANNING COMMISSION DID NOT RECOMMEND APPROVAL OF THIS, THEY DIDN'T MOVE CONDITIONS THROUGH TO THE CITY COUNCIL.

WE TALKED ABOUT THIS JUST A LITTLE BIT AND BRIEFLY ON DECEMBER 21. THOSE CONDITIONS ARE IN YOUR PACKET. WE ARE HAPPY TO GO THROUGH THEM AND WHY AND ALSO I DO WANT TO SIGNAL THAT THE DEVELOPER IS IN AGREEMENT TO THE VAST MAJORITY OF THEM.

BLAKE, THERE MAYBE ONE OR TWO THINGS YOU HAVE A SMALL COMMENT ON. SO I WANT TO BE CLEAR THAT WE ARE DOING THIS. THIS IS VERY UNUSUAL AND THIS IS NOT SOMETHING THAT I HAVE DEALT WITH IN MY 25 YEARS ON THE CITY STAFF. THE REASON IS BECAUSE THE PLANNING COMMISSION DID NOT INITIALLY RECOMMEND APPROVAL.

CONDITIONS AND NOT CARRY THROUGH.

THEY WERE INCLUDED WITH WHAT THEY LOOKED AT BUT WHEN YOU DON'T RECOMMEND APPROVAL YOU ARE NOT ADOPTING STAFF CONDITIONS WITH IT. SO MR. FOOT IS PREPARED TO RUN THROUGH THOSE WITH YOU AT ANY POINT IN TIME YOU WISH.

WE DO HAVE A SLIGHT MODIFICATION TO ITEM NUMBER 2, WHERE IT SAYS THE PROPOSED SCHOOL SITE TO BE MORE CENTRALIZED SO THE DEVELOPMENT. WE HAVE A SLIGHT CHANGE TO THAT AND WE WILL GO THROUGH THAT WITH YOU WHEN WE ARE READY.

I WILL TELL YOU THAT, IT IS ALWAYS BORN OUT OF THE CITY STAFF AND THOSE OF US WHO ARE CITY PLANNERS BELIEVE THAT ELEMENTARY SCHOOLS SHOULD BE CENTRAL TO A NEIGHBORHOOD, WHICH IS A DIFFERENT PHILOSOPHY THAN AUBURN CITY SCHOOLS HAVE.

THEY HAVE REZONING'S TO CONSIDER AND BALANCING OF SCHOOLS AND OTHER THINGS. THAT IS WHY IT IS A PURE PLANNING COMMENTS AND MR. FOOT CAN EXPLAIN LATER.

WE WILL HAVE MISSED A RICE WAY IN.

I WANT TO MAKE SURE THAT YOU GUYS ARE CLEAR WHERE THE DEVELOPMENT WAS DEVELOPER STANDS AND I WILL TELL YOU THERE IS ONE MINOR POINT THAT I WANT TO BE AWARE OF.

WE WILL GO OVER THAT. YOU CAN DO THIS BEFORE THE

PUBLIC HEARING OR AFTER. >> SPEAKER: I WILL INTRODUCE THE ORDINANCE WITH THE CONDITIONS, PROPOSE CONDITIONS PROPOSED CONDITIONS AND ASK UNANIMOUS CONSENT.

>> SPEAKER: SECOND. >> SPEAKER: MOTION AND SECOND.

DOES ANYONE ON THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH A VOTE ON THIS THIS EVENING? SEEING AND HEARING NONE WE WILL OPEN THE PUBLIC HEARING. IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. SEEING NO ONE WE WILL CLOSE THE PUBLIC HEARING. ANY COMMENTS OR QUESTIONS FROM THE COUNCIL? MAYBE MS. CROUSE WILL START WITH

THE PREVIOUS TOPIC. >> SPEAKER: WOULD YOU LIKE MR. FOOT TO RUN THROUGH THE CONDITIONS?

>> SPEAKER: I THINK THAT WOULD BE APPROPRIATE.

>> SPEAKER: WE DO HAVE A REVISED PAPER, A REVISED TERMS. STEVE, THAT IS ITEM NUMBER TWO. WHAT WAS THE OTHER?

>> SPEAKER: ITEM NUMBER TWO IS BEEN REVISED AS OF TODAY.

NOTHING ELSE HAS BEEN CHANGED FROM WHAT YOU RECEIVED IN YOUR

PACKET. >> SPEAKER: IT IS NUMBER THREE THAT MR. RICE WOULD LIKE TO SPEAK TO.

WE WILL GET INTO THAT. WE WILL HAVE MISSED HER FOOT RUN THROUGH ALL OF THEM WITH YOU SO YOU CAN ASK QUESTIONS OF MR. FOOT AND THE PLANNING DIRECTOR AND THEN AT YOUR PLEASURE IF YOU WOULD LIKE THE APPLICANT TO SPEAK I KNOW HE DOES HAVE CONCERNS ABOUT NUMBER THREE AND AGAIN WE ARE COMMUNICATING REGULARLY. I WANT TO MAKE SURE YOU ARE

CLEAR WITH THAT. >> SPEAKER: I WOULD LIKE TO POINT OUT THAT IF YOU DO PROCEED AS WAS MENTIONED, THERE IS A MOTION TONIGHT TO APPROVE THIS. IN ADDITION TO THE CONDITIONS OF APPROVAL THAT ARE IN YOUR REPORTS AND THE EXECUTIVE SUMMARY, THERE IS ALSO THE EXHIBITS.

YOU HAVE THREE EXHIBITS ALSO IN THE EXECUTIVE REPORT, EXHIBIT A, B, C. A MOTION IF ANYONE MAKES A MOTION YOU WANT TO SAY TO INCLUDE THE EXHIBITS AND THE CONDITIONS AS A PART OF THE APPROVAL.

>> SPEAKER: WE WILL BRING THE REVISED CONDITIONS TO YOU.

>> SPEAKER: AS THOSE ARE BEING PASSED OUT TO YOU, IF YOU WANT ME TO READ EACH AND EVERY ONE OF THOSE I CAN OR WE CAN STOP IT IS ONE AND SEE IF YOU HAVE QUESTIONS.

[00:45:01]

ONLY NUMBER TWO IS CHANGED. >> SPEAKER: WHY DON'T YOU GO THROUGH AND GIVE US YOUR COMMENTS ON EACH ONE.

>> SPEAKER: NUMBER ONE IS SPEAKING TO A CONNECTION TO THE ADJACENT PROPERTY EAST OF PHASE TEN.

PHASE TEN IS ON THE EAST SIDE OF THE DEVELOPMENT.

IT'S WHERE WE ARE TALKING ABOUT A CONNECTION THROUGH TO THE RIGHT. THERE IS SOME PROPERTY OFF TO THE EAST THAT IS NOT ENTIRELY LANDLOCKED BUT IT IS PARTIALLY DIFFICULT TO ACCESS AND SO AS WITH MOST APPLICATIONS THAT WE LOOK AT WOULD LIKE TO PROVIDE -- LOOK FOR THAT CROSS CONNECTION.

THAT IS WHAT NUMBER ONE IS SPEAKING TO.

THAT IS A NORMAL COMMENT. >> SPEAKER: WHERE DOES THAT TIE

INTO? >> SPEAKER: THE PROPERTY ON THE

EAST? >> SPEAKER: I SEE CAMDEN IS THE

NORTH AND THEN. >> SPEAKER: I THINK IT IS A VACANT PIECE OF PROPERTY JUST BELOW CAMDEN.

>> SPEAKER: OKAY. UNDEVELOPED?

>> SPEAKER: UNDEVELOPED, THERE IS AN AREA.

NUMBER TWO, PREVIOUSLY JUST SUGGESTED THAT THE SCHOOL SITE BE MORE INTERNALIZED INTO THE DEVELOPMENT AS OPPOSED TO ABUTTING MRS. JAMES ROAD. AND SO AS WAS MENTIONED ALREADY, THAT WAS MOSTLY A REALLY PLANNING CONSIDERATION AND PART OF THAT CONSIDERATION WOULD BE TO CONTROL ACCESS.

IF YOU CAN GET ACCESS FOR ALL OF THE TRAFFIC THAT MAYBE GOES FROM THE SCHOOLS IN THE MORNING AND KEEP IT OFF YOUR PRIMARY ROSE, THAT WAS PART OF THE CONSIDERATION AS WELL.

THE REVISION THAT YOU HAVE HAS BEEN REWORDED.

IT SAYS THE PROPOSED SCHOOL SITE SHOULD BE MORE CENTRAL TO THE DEVELOPMENT OR ACCESS TO AND FROM THE SITE SHALL BE PROVIDED INTERNAL TO THE DEVELOPMENT AND NOT FROM MRS. JAMES ROAD OR FUTURE OUTER LOOP. LIMITED ACCESS TO MRS. JAMES ROAD MAY BE CONSIDERED DURING TRT AS AN ENTRANCE ONLY OR EXIT ONLY AS THE CITY ENGINEER'S CRITERIA SATISFIED.

>> SPEAKER: IT DOES SAY SHOULD AND NOT SHALL.

>> SPEAKER: IT HAS SHOULD TO BE MORE CENTRALIZED, YES.

THEY HAVE AN OPTION. IF THEY DON'T DETERMINE A WAY TO INTERNALIZE IT MORE, THEN THEY ARE LIMITED IN WHERE THEY CAN HAVE ACCESS UNLESS THEY GO THROUGH THAT PROCESS AND PROVE

THAT IT'S ACCEPTABLE. >> SPEAKER: ONE OF OUR CHALLENGES IS TRAVERSING THE CITY IN THE MORNING OR AFTERNOON ON ARTERIAL ROAD. TO GET FROM SUBDIVISION TO SUBDIVISION OR WORK TO HOME YOU GO BUY A LOT OF SCHOOLS.

OUR CITIZENS HAVE MUCH TO SAY ABOUT IT.

CITY STAFF HERE IS REGULARLY AS OUR POLICE DO AND SO ON.

THIS IS MERELY A STAFF RECOMMENDATION TRICK OF COURSE THE SCHOOL BOARD ULTIMATELY HAS A SAY SO AND WHERE THE SITES GO, BUT I WANT TO BE VERY CLEAR AS TO WHY THE STAFF WOULD BE RECOMMENDING THAT AND WHAT OUR VIEW IS POPE WE ARE ALSO TRYING TO RESPOND TO WHAT WE ARE HEARING FROM OUR CITIZENS AND THEIR CONCERNS ABOUT LOCATION OF SCHOOLS.

>> SPEAKER: IF THIS IS PROPERTY THAT THEY ARE DONATING TO THE SCHOOL, HOW DO WE MAKE THIS BOUND TO THE SCHOOL TAKING THIS MORE CENTRALIZED VERSUS THE DEVELOPER?

>> SPEAKER: I BELIEVE ULTIMATELY WE HAVE BEEN TALKING AND WE WILL START HAVING QUARTERLY MEETINGS WITH THE SUPERINTENDENT AND MAYBE A FEW KEY SCHOOL BOARD MEMBERS.

I THINK THAT MIGHT BE A TOPIC FOR SOME COUNCIL MEMBERS IF THAT IS SOMETHING OF YOUR INTEREST. AUBURN CITY SCHOOLS IS ONE OF OUR BIGGEST ASSETS AND CERTAINLY FUNDED BY THE CITY.

THEY HAVE A LOT OF THINGS THEY NEED TO DO BUT WE ARE ALSO ACKNOWLEDGING HERE AND POINTING OUT THAT WE ARE TRYING TO ADDRESS OVERREACHING CONCERNS WE HAVE HEARD FROM MANY DOORS INTO THE DISCUSSION WE CAN HAVE. I UNDERSTAND FROM A POLICY PERSPECTIVE ARE VERY CHALLENGED BY SCHOOL ZONING, THEY ARE REZONING NOW OR HAVE BEEN. THERE IS MUCH DISCUSSION ABOUT A NEIGHBORHOOD KIND OF HAVING OWNERSHIP OF THE SCHOOL WHEN OTHER NEIGHBORHOODS GO TO THAT SCHOOL.

THEY HAVE VERY GOOD REASONS. I THINK IT IS WORTH A CONVERSATION IF THE COUNSELOR SO INTERESTED.

>> SPEAKER: THE PROPOSED SCHOOL, IS IT AN ELEMENTARY

SCHOOL? >> SPEAKER: IT HASN'T BEEN DECIDED. WE DO HAVE A LETTER FROM THE SCHOOLS THAT WE ASKED TO THEM AND THEY MADE IT CLEAR THAT THEY WOULD BE WILLING TO ACCEPT THIS PROPERTY.

BUT THEY HAVEN'T INDICATED WHAT THEY WOULD DO WITH IT OR WHEN THEY WOULD DO SOMETHING WITH IT. JUST BECAUSE THEY DON'T KNOW UNTIL WE SEE BUILDOUT OF OTHER AREAS AND SO ON.

DEFINITELY HAVE INDICATED THAT THEY WOULD UTILIZE IT AT SOME POINT BUT FOR WHAT HAS BEEN DETERMINED.

HOW MANY ACRES? >> SPEAKER: 25 ACRES.

>> SPEAKER: WHICH IS USUALLY AN ELEMENTARY SIZE SITE.

>> SPEAKER: TOO SMALL FOR HIGH SCHOOL.

>> SPEAKER: TOO SMALL FOR HIGH SCHOOL AND JUNIOR HIGH OR MIDDLE SCHOOL TAKE UP MORE ACREAGE DUE TO ATHLETIC SPACE.

>> SPEAKER: SHOULDN'T WE HAVE SOME LANGUAGE IN HERE THAT SAYS WHAT THE ROLE OF THE SCHOOL DISTRICT IS ON NUMBER TWO?

>> SPEAKER: THAT IS WHY IT SAYS SHOULD INCENTIVE SHALL.

[00:50:02]

IF THE DEVELOPER CAN'T WORK THAT OUT, WITH THE SCHOOLS, IT CAN REMAIN WHERE IT IS. WITH THE LENGTH OF TIME OF THIS DEVELOPMENT AND HOPE FOR CONSIDERATION OF HOW WE ARE DEALING WITH TRAFFIC AND ALSO NOT HAVING KIDS TRAVERSE ARTERIAL ROAD TO GET TO SCHOOL, IS USUALLY A DESIRABLE THING.

>> SPEAKER: THANK YOU. PLEASE CONTINUE.

>> SPEAKER: NUMBER THREE, THE ISR THAT IS IMPERVIOUS SURFACE RATIO SHALL ONLY APPLY TO TOWNHOUSES AND SINGLE FAMILY UNITS WITH 50-FOOT FRONTAGES. IDENTIFIED AS MILL HOUSES IN THE MAJOR DEVELOPMENT PLAN. THIS IS THE WORDING OF THE CONDITION THAT WENT BEFORE THE PLANNING COMMISSION.

IT WASN'T UNTIL AFTER PLANNING COMMISSION PACKET WAS SENT OUT THAT A REVISION TO THAT WAS SUBMITTED BY THE APPLICANT TO STAFF. HE REALLY DIDN'T HAVE A SERIOUS TALK ABOUT IT UNTIL PROBABLY LAST WEEK.

WE THOUGHT EVERYTHING WAS IN AGREEMENTS BETWEEN STAFF AND THE APPLICANTS OF THIS IS SOMETHING NEW WE HAVE BEEN TALKING ABOUT.

WHAT THE APPLICANT WOULD LIKE TO DO IS MODIFY THAT TO HAVE THE IMPERVIOUS SURFACE RATIO. IT IS A BUMP UP OF 20 PERCENT TO GO NOT JUST TO A 5550 SIZE LOTS BUT UP TO 75 FEET WIDE.

THAT INCLUDES A LOT MORE OF THE PRODUCT THAT YOU SEE ON THE PLAN INSTEAD OF JUST THE NARROW AREA DOWN WHERE THE TOWNHOMES WOULD BE AND THE LIMITED 50-FOOT WIDE MILLHOUSE.

IT EXPANDS A NUMBER OF HOMES THAT THAT WOULD APPLY TO.

IT IS -- IT GOES FROM 50 PERCENT TO 70 PERCENT LOT COVERAGE BASICALLY, WHICH FOR A SUBURBAN DEVELOPMENT USUALLY YOU DON'T GET THAT HIGH OF A LOT COVERAGE. SO IT SEEMS EXCESSIVE.

HE IS GOING TO PRESENT SOME DIFFERENT INFORMATION FOR YOU TONIGHT ON THAT TO EXPLAIN WHAT THEY ARE TRYING TO ACHIEVE.

WE HAVE LEFT IT AS IT WAS PRESENTED BY COMMISSION.

>> SPEAKER: COULD YOU GO OVER THE IRA -- ISR AGAIN?

>> SPEAKER: IMPERVIOUS SURFACE RATIO.

WHEN YOU TAKE A LOOK AT YOUR LOT SIZE, YOU HAVE THINGS THAT YOU PUT ON THE LOT, YOUR DRIVEWAY, SIDEWALKS, THE HOUSE.

ANY OUTBUILDING AND THINGS LIKE THAT.

THE TOTALITY OF ALL OF THOSE THINGS THAT ARE IMPERVIOUS AND WATER CAN GO THROUGH THEM, THEY ARE WHAT IS INCLUDED IN YOUR IMPERVIOUS SURFACE RATIO. NORMALLY IT IS A 50 PERCENT MAXIMUM. THIS BUMP THAT UP TO 70 PERCENT

FOR THOSE 50-FOOT WIDE LOTS. >> SPEAKER: THANK YOU.

>> SPEAKER: IT IS MORE LOT COVERAGE.

>> SPEAKER: SO WHEN YOU SAY ISR INCENTIVE, WHAT IS THE INCENTIVE

PART OF THAT? >> SPEAKER: THE INCENTIVE AS I UNDERSTAND GOES UP 20 PERCENT. CURRENTLY FOR THE SINGLE FAMILY LOTS, IT'S 50 PERCENT MAXIMUM. IT WOULD JUMP TO A 70 PERCENT

MAXIMUM. >> SPEAKER: JUST FOR THOSE MILL

HOUSES? >> SPEAKER: FOR THE MILL HOUSES IS WHAT IS PROPOSED IN YOUR REPORT.

THE APPLICANT HAS IT WAS HIS LATEST SUBMITTAL IN THE NARRATIVE WHICH IS NOW EXHIBIT C ASK FOR THAT TO GO UP TO 75-FOOT LOTS. IT WOULD INCLUDE OTHER AREAS OF DEVELOPMENT WITHIN THE VARIOUS DIFFERENT RODS WITHIN THE

PROJECT. >> SPEAKER: THE AVERAGE HOME SIZE FOR A 75-FOOT LOT WOULD BE WHAT, IN YOUR OPINION?

>> SPEAKER: ON A 75-FOOT WIDE LOT, WITH TWO STORIES IS EASY TO GET 3000 SQUARE FEET. THAT'S NOT A PROBLEM.

>> SPEAKER: AND IT ALSO IS IMPACTED BY THE FLOOR AREA RATIO WHICH IS TO CONFUSE YOU FURTHER, IT IS YOUR AMOUNT OF SQUARE FOOTAGE OF YOUR BASICALLY YOUR PRINCIPAL STRUCTURE AND THE RATIO OF IT TO THE LOT TO. THOSE ARE JUST AS WELL SO WE USUALLY HAVE A BIG PROBLEM WITH THIS.

SOME PEOPLE WERE FINDING SAY THE MORE SNOW GOLF CLUB AREA DEPENDING ON WHAT AREA LIVED IN SOME COULD HAVE FINISHED THEIR BASEMENT AND SOME COULD NOT BECAUSE OF VARIATIONS.

IT'S VERY HARD TO SAY BUT IT IS ON A 75-FOOT LOT YOU CAN GET A PRETTY BIG HOT -- HOUSE DEPENDING ON WHAT A REALTOR COUNTS AS THE SIZE OF THE LOT. BASEMENT DOESN'T COUNT FOR

REALTORS IN AN APPRAISAL. >> SPEAKER: THANK YOU.

>> SPEAKER: MOVING ON. NUMBER FOUR, MIXTURE OF GARAGES WHICH ARE SIDELOADING OR RECESS AND PORCHES SHOULD BE HAVE REDUCED FRONT SETBACK INCENTIVE. MINIMUM OF 20 -- I HAVE SEEN THROUGHOUT MY CAREER SOMETIMES YOU GET THE INCENTIVE TO PULL HOUSES TOWARD THE STREET, WHICH IS FINE AS LONG AS THE GARAGE IS SET SETBACK ENOUGH TO PARK THE CAR.

SOMETIMES YOU FIND DEVELOP IS WHERE THE CAR IS BLOCKING THE SIDEWALK, WHICH IS A NEGATIVE SITUATION.

WE'RE GOING TO MAKE SURE THERE IS ROOM TO PULL UP AND YOU ARE NOT BLOCKING THE SIDEWALK SO THAT'S THE REASON FOR PART OF THAT. AND ITS AND ENCOURAGEMENT ENCOURAGEMENT AN INDUCEMENT TO TRY TO GET FRONT PORCHES WHERE YOU ACTIVATE THE RIGHT-OF-WAY AND PEOPLE ARE SITTING OUTSIDE

[00:55:03]

OF THEIR HOUSE. >> SPEAKER: NUMBER FIVE, PRESERVE EXISTING TREES UNLESS SHOWN TO BE IMPRACTICAL.

TREE PRESERVATION LANDSCAPING WILL BE REVIEWED DURING THE CITY'S DRG PROCESS. THE SUBDIVISION AND REVIEW PROCESS. WE DON'T HAVE A BAN ON THE REMOVAL OF TREES, BUT THIS IS TO TRY TO ENCOURAGE THE PRESERVATION OF TREES WHERE YOU CAN, WHICH WILL MAKE THE DEVELOPMENT A NICE PLACE AND PRESERVE A LOT OF GREEN SPACE AND OPEN SPACE FOR BUFFERS AND MAINTAIN VALUE OF THE PROPERTY -- PROPERTIES AS WELL. I THINK THE APPLICANT HAVE NO CONCERN ABOUT THESE, JUST TO LET YOU KNOW.

NUMBER SIX, RESIDENTIAL BUILDING FAÇADE SHALL INCLUDE DURABLE MATERIALS SUCH AS BRICK, STUCCO OR FIBERBOARD.

BASICALLY IT'S A HARDY BOARD MATERIAL.

NUMBER SEVEN, TRAFFIC IMPACT STUDY HAS BEEN COMPLETED FOR THE DEVELOPMENT AND IMPROVEMENTS WARRANTED BY THE DEVELOPMENT WILL BE OUTLINED IN THE DEVELOPMENT AGREEMENT OR AS PHASES ARE SUBMITTED FOR APPROVAL.

THE DEVELOPMENT INCLUDES TWO COLLECTIVE ROADWAYS WITH THEM HAVE ACCESS AND PODS ACCESSING THE COLLECTIVE ROADWAYS.

THE EASTERNMOST COLLECTOR RODE SHALL EXTEND THE PROPERTY LINE

AND THE CENTERLINE OF THE CREEK. >> SPEAKER: STEVE, LET ME STOP YOU THERE. ONE OF THE THINGS I THINK WE MENTIONED DECEMBER 21 AND DID NOT MENTION TODAY, TO THE SURVIVING TIME QUESTION THAT THE COUNCIL HAD ABOUT THE DEVELOPMENT AGREEMENT. WE ARE TRYING TO PUT MORE IN THE ORDINANCE BECAUSE THE ORDINANCE TRACKS WITH THE DEVELOPMENT APPROVALS AND TO BE VERY CLEAR WITH EVERYONE MOVING FORWARD, WE HAVE LEARNED OVER TIME THAT BY NOT INCLUDING CONDITIONS WITH AN ORDINANCE ON A PLAN DEVELOP A DISTRICT, IT IS VERY CLEAR TO THE PUBLIC TO PEOPLE WHO ARE MOVING TO THIS OF ELEMENTS IF IT IS APPROVED, ALL OF THAT EXACTLY WHAT WE ARE REQUIRING IS MEMORIALIZED IN ONE SPOT. SORRY TO TAKE THAT TIME OUT FOR NOW BUT THAT IS -- IT SUCH A LARGE DEVELOPER WHY THESE ARE

VERY SPECIFICALLY OUTLINED. >> SPEAKER: CAN ASK THE QUESTION. I WAS LOOKING AT THIS DRAWING HERE. WHAT IS A FOOD TRUCK PLAZA?

>> SPEAKER: WOULD YOU LIKE THE APPLICANT TO TALK ABOUT WHAT

THEIR PLANS ARE ON THAT? >> SPEAKER: MS. TAYLOR, LET'S LET MR. FOOT GO TO THIS LIST AND THEY WILL COME BACK TO THAT.

IS THAT -- >> SPEAKER: I DON'T RECALL THAT BEING ADDRESSED IN ANY OF THESE CONDITIONS OF APPROVAL.

>> SPEAKER: I WAS LOOKING FOR THAT.

I DIDN'T SEE WHERE IT WAS. >> SPEAKER: WE WILL COME BACK.

>> SPEAKER: WE WILL SAY THAT QUESTION.

WE WILL LET MR. FOOT CONTINUE ON WITH HIS LIST.

>> SPEAKER: NUMBER EIGHT, THE OUTER LOOP SHALL BE REFLECTED ON THE MASTER PLAN AND THEY HAVE ADDED REPRESENTATION OF THE OUTER LOOP AS PART OF THE PLANNING OF PHASES ACCORDING -- ADJACENT TO MRS. JAMES ROAD. ADDITIONAL RIGHT-OF-WAY WILL BE REQUIRED TO ACCOMMODATE THE FUTURE OUTER LOOP.

NUMBER NINE IS PODS ARE SUBMITTED FOR DEVELOPMENT, LOT LAYOUT SHALL BE PROVIDED BEFORE CLADDING TO ASSESS CONNECTIVITY AND ACCESS TO THE ROADWAY NETWORK.

NUMBER TEN, THE DEVELOPMENT PLAN SHALL INCLUDE A CONNECTOR -- CONNECTION TO THE CITIES BLUE WAY, GREENWAY AND MANY OF THOSE ARE ALREADY SHOWN IN THIS LATEST PLAN YOU HAVE.

SOME OF THESE ELEMENTS HAVE BEEN ADDED TO IT.

THE LOCATION AND CONFIGURATION OF THIS CONNECTION TO BE DETERMINED DURING THE DRG PROCESS FROM A DEVELOPER TO DESIGN AND CONSTRUCT ACCESS FACILITIES.

I WANT TO MAKE SURE THAT THIS IS NOT JUST SOMETHING YOU SEE ON A PLAN, BUT ACTUALLY WHEN THE DEVELOPMENT IS CONSTRUCTED AND THINGS ARE PUT IN PLACE, THERE ACTUALLY ARE PHYSICAL IMPROVEMENTS WHERE PEOPLE CAN ACTUALLY ENJOY THOSE AMENITIES AND GET TO THE CREEK. NUMBER 11, MASTER DEVELOPMENT PLAN DEMONSTRATES CONNECTIVITY TO ADJOINING PROPERTY AS IS REQUIRED. THE DEVELOPER NEEDS TO ANTICIPATE FACING THE DEVELOPMENT TO INCLUDE A SECONDARY ACCESS TO AN EXISTING PUBLIC STREET BEFORE 200 LOTS ARE PLATTED. THE DEVELOPMENT REVIEW TEAM WILL REVIEW EACH SUBMITTAL FOR ADDITIONAL WARS FOR CONNECTIVITY AS NEEDED TO ADDITIONALLY CONVEY RESIDENTS AND DELIVER PUBLIC SERVICES TO THE NEIGHBORHOOD. MOSTLY THEY ARE LOOKING FOR A SECOND POINT OF INGRESS AND EGRESS BEFORE TOO MUCH DEVELOPMENT OCCURS. NUMBER 12, DIRECT ACCESS TO THE COLLECTOR ROADS IS BY RESIDENTIAL LOTS OR DWELLINGS SHALL NOT BE ALLOWED. LOTS SHOWN ADJACENT TO A COLLECTOR STREET SHALL BE ACCESSIBLE FROM A REAR ALLEY OR INTERNAL LOCAL STREET. IN OTHER WORDS, YOU HAVE LOST THAT BACKUP TO MRS. JAMES ROAD, BUT THERE IS NO CONNECTIVITY FROM THOSE INDIVIDUAL LOTS TO THAT ROADWAY.

WE WILL BE NEEDING ACCESS FOR GOOD TRAFFIC FLOW AND SO FORTH.

I THINK THAT WAS 12. NUMBER 13, SHOULDN'T CITY COUNCIL APPROVED THE DEVELOPMENT AND UPDATED WILL BE REQUIRED WITHIN 90 DAYS AFFLICTING OF COLLECTING ALL STAFF CONDITIONS

[01:00:03]

>> SPEAKER: TO THE COUNCIL OF ANY SPECIFIC QUESTIONS RELATED TO THESE CONDITIONS THAT MR. FOOT JUST WENT THROUGH WITH US? ANY SPECIFIC QUESTIONS RELATED

TO THIS? >> SPEAKER: ON THE OPEN AND VEGETATIVE PRESERVATION ON NUMBER FIVE, WANT US TO AVOID CLEARCUTTING OF THE PROPERTY, AND IS THERE A WAY TO MAKE THAT A LITTLE MORE STRONGER LANGUAGE SO THAT -- THIS SAYS SHALL WORK I GUESS THAT IS THE PROPRIA WORD.

>> SPEAKER: THE INTENT OF THAT, IF I CAN RESPOND TO YOUR QUESTION, THERE ARE AREAS ON THE MASTER PLAN THAT ARE GREEN.

SO PART OF WHAT I WOULD BE LOOKING FOR OF STAFF WOULD BE TO SAY, WHEN A POD COMES IN FOR DEVELOPMENT, FIRST OF ALL I WOULD BE LOOKING AT THOSE GREEN AREAS AND SAY, DID YOU PRESERVE, DID YOU PROVIDE FOR INSTANCE LIMITS OF DISTURBANCE ON THOSE PLANS SO THAT PEOPLE DON'T ACCIDENTALLY OR OTHERWISE ENCROACH ON THOSE AREAS AND CLEAR CUT THAT.

THE OTHER LEG OF THAT, AS YOU POINTED OUT, IS BEYOND THAT, IDENTIFY OPEN AND VEGETATIVE BUFFER AREA SHALL BE PRESERVE EXISTING TREES. UNLESS SHOWN TO BE IMPRACTICAL.

WE DON'T HAVE A TREE PROTECTION OR PRESERVATION ORDINANCE IN THE CITY, PER SE, SO THIS IS AN ATTEMPT TO SAY, LOOK, YOU HAVE THIS PLAN YOU PUT TOGETHER, WE WANT TO MAINTAIN.

WE WILL DON'T WANT 885 ACRES CLEAR-CUT AND EVERYTHING NOT DOWN TO WHERE ALL OF THE NEW VEGETATION IS BRAND-NEW AND IT TAKES 20 YEARS FOR IT TO GROW AND LOOK GOOD AGAIN.

SO IF YOU CAN PRESERVE VEGETATION THROUGH THIS PROCESS, STAFF WILL BE ASKING THE DEVELOPER TO SHOW US AREAS WHERE

THAT CAN BE DONE. >> SPEAKER: AND NEW PODS COME ON, YOU ARE TALKING ABOUT IS GOING TO THE DART.

WILL THAT BE A ONE OFF AT THE BEGINNING OR WILL THIS BE AS NEW PODS COME ON LET'S LOOK AT LANDSCAPING AND TREE

PRESERVATION? >> SPEAKER: POD BIPOD.

I WOULD SAY THIS IN RESPONSE TO YOUR QUESTION, IF YOU FEEL LIKE THAT IS LOOSER THAN YOU PREFER FOR IT TO BE, OF COURSE THE CITY COUNCIL CAN MODIFY ANY OF THESE CONDITIONS.

YOU CAN DELETE THEM, YOU CAN ADD YOUR OWN CONDITIONS, YOU CAN STRENGTHEN THE CONDITION IF YOU SO WISH TO DO THAT.

>> SPEAKER: ANY OTHER SPECIFIC QUESTIONS RELATED TO THE

CONDITIONS? >> SPEAKER: ONE LAST QUESTION IF I MAY. NUMBER 13 IT SAYS AND UPDATED MASS TO DEVELOP A PLAN WITHIN 90 DAYS.

DOES THAT MEAN THAT AN UPDATED MASTER DEVELOP PLAN COMES BACK TO THIS BODY TO BE APPROVED A SECOND TIME?

>> SPEAKER: NO, IT WOULD BE ONE THAT REFLECTS THE CONDITIONS HEREIN. TO THE EXTENT THERE ARE THINGS THE DEVELOPER CAN'T REFLECT. THESE ARE CONDITIONS THAT COME LATER. IN A LOT OF THESE, IF I'M UNDERSTANDING CORRECTLY, DEVELOPER DID A LOT OF WORK BETWEEN THE POSTPONEMENT OF THIS ITEM AND PRESENT BUT WE HAD A LITTLE OVER A MONTH TO ACTUALLY ADDRESS A NUMBER OF THESE THINGS ALREADY. I DON'T EXPECT A LOT OF MAJOR CHANGES COMING WITH THE REVISED PLAN.

THIS IS ALSO AGAIN BECAUSE IT IS TRACKING WITHIN THE ORDINANCE, PART OF THIS IS THERE IS MEMORIALIZED IN ONE SPOT AND NO CONFUSION OR ALL OF THESE CONDITIONS ARE AT THE TIME WE STARTED. THEY WILL ADJUST OVER TIME, THAT

IS INEVITABLE. >> SPEAKER: HAS CONDITION THREE BEEN RESOLVERS AT SOMETHING -- DO WE NEED TO HEAR ABOUT THEIR

PROPOSAL FOR A CHANGE? >> SPEAKER: THAT IS CORRECT.

THE CONDITION AS INCLUDED HERE IS WHAT STAFF HAD PRESENTED TO THE PLANNING COMMISSION AND WE DIDN'T GET ENOUGH INFORMATION TO SAY THAT WE FELT COMFORTABLE CHANGE INTO THE 75 FEET.

IT WAS ALSO VERY LATE IN THE REVIEW PROCESS BEFORE CAME TO YOU. SO WE HAVEN'T FULLY BEEN ABLE TO GRASP OR UNDERSTAND THE EXTENT AND REASONING FOR THEIR REQUEST.

IF THE APPLICANT WILL ASK YOU TO CHANGE THAT TODAY TO AGAIN ALLOW UP TO 75 PERCENT -- 70-FOOT WIDE LOTS.

>> SPEAKER: WHAT WOULD BE YOUR RECOMMENDATION HOW WE MOVE

FORWARD? >> SPEAKER: ON THAT QUESTION, I WANT TO HEAR FROM THE DEVELOPER NOW, COUNCIL AND CHAIR DISCRETION IF YOU WANT TO ANSWER MS. TAYLOR'S QUESTION OR IF YOU WANT TO PUT THIS MATTER -- GO AHEAD.

>> SPEAKER: I WOULD LIKE TO STAY WITH THESE CONDITIONS.

>> SPEAKER: ABSOLUTELY. YOUR RULES SAY YOU CAN INVITE ANYBODY TO ANSWER QUESTIONS, INCLUDING THE APPLICANT.

>> SPEAKER: MR. RICE, WOULD YOU COME FORWARD AND ADDRESS THIS, ITEM NUMBER THREE IN THE CONDITIONS?

>> SPEAKER: ABSOLUTELY. THANK YOU.

SINCE THE DISCUSSIONS WITH STAFF TODAY, WE HAVE PUT A LOT OF EFFORT INTO TRYING TO ESTABLISH EXACTLY WHAT WAS GOING TO BE NECESSARY FOR THE PROJECT. WHEN THE INCENTIVES, THE WAY THE INCENTIVES AND EXCHANGE PROGRAM IS SET UP AND THE ZONING ORDINANCE, IT KIND OF READS MORE OF AN ALL-OR-NOTHING THING.

[01:05:01]

SINCE THAT TIME, COMPLETELY UNDERSTAND PLANNING STAFF'S CONCERN, NOR DO I WANT TO GO IN AND TAKE AN 80-FOOT WIDE LOTS AND COVER 90 PERCENT WITH IMPERVIOUS SURFACE.

SO WHAT WE HAVE LOOKED AT IS, WHERE WE TYPICALLY RUN INTO ISSUES WITH ISR. THE AREA THAT WE RUN INTO MORE ISSUES THAN EVER IS IN THE 60 TO 70-FOOT RANGE.

BUT THERE ARE SMALL ISSUES. THEY ARE MINUTE.

SO WHAT I WOULD LIKE STAFF TO ACTUALLY KIND OF WAY IN ON WOULD BE A PROPOSAL FOR US TO LEAVE THIS CONDITION AS IT SITS FOR THE 20 PERCENT INCREASE, AND ALLOW A 5 PERCENT INCREASE FROM THE 50 TO 75-FOOT RANGE, AND NOTHING ABOVE THAT.

>> SPEAKER: TO GO FROM 50 TO 55?

>> SPEAKER: YES, MA'AM. THAT WOULD REALLY COVER THE ISSUES THAT WE HAVE. BUT WITH THE REQUEST, IT WAS JUST KIND OF AN OVERALL 20 PERCENT REQUEST BECAUSE THAT IS WHAT IS IN THE EXCHANGE PROGRAM.

>> SPEAKER: OKAY. >> SPEAKER: CAN I RECAP? SO YOU KEEP IT AT 20 PERCENT FOR TOWNHOMES AND UNITS WITH 50 OF FOOT FRONTAGES AND BELOW AND UP TO 55 FOR 60 TO 75?

>> SPEAKER: YES, MA'AM. AND THEN CAP IT.

NO INCENTIVE ABOVE 75. >> SPEAKER: MS. CROUCH, CAN WE

GET A REACTION? >> SPEAKER: MR. FOOT?

>> SPEAKER: AT THE BASE ON THAT EXPLANATION, THAT IS MUCH MORE OF A REASONABLE REQUEST AND ASK ASKED.

I WOULD FEEL TO SUPPORT THAT. >> SPEAKER: SO NOW THAT WE HAVE A MOTION AND SECOND, DO WE NEED TO REVISE OUR MOTION RELATED TO

THAT, MS. CROUCHED? >> SPEAKER: I WOULD SAY THAT I WOULD. I WOULD JUST AMENDED.

I WOULD MOVE TO AMEND WHEN YOU GUYS ARE READY TO GET TO THAT AND MOVED TO AMEND THAT CONDITION.

IF I UNDERSTOOD MESSERSMITH MISTRESS SCHMIDT'S MOTION CORRECTLY, IT WAS TO PROVE IT WITH STAFF CONDITIONS.

WE DO NEED TO CLARIFY AND HE CAN CLARIFY IF IT WAS THE REVISED CONDITIONS BECAUSE THE SCHOOL ITEM WAS REVISED SLIGHTLY.

WE CAN ALSO JUST AMEND TO REREAD AND SAY THAT NUMBER TO TWO AND NUMBER THREE HAS BEEN AMENDED AS FOLLOWS AND THAT IS A WAY TO DO

IT AS WELL. >> SPEAKER: SO WE WILL FINISH

OUR DISCUSSION. >> SPEAKER: GET EVERYTHING ON THE TABLE THAT YOU WANT TO TALK ABOUT AND THEN WHEN YOU GET READY AND ARE CLOSER TO VOTING WE CAN GET TO AMENDING.

>> SPEAKER: WE WILL MOVE FORWARD NOW THAT WE HAVE DISCUSSED THE CONDITIONS. MS. TAYLOR, YOU HAD A QUESTION?

>> SPEAKER: I WAS JUST TRYING TO FIGURE OUT, LOOKING AT THIS DRAWING AND TRYING TO FIGURE OUT WHAT THE FOOD TRUCK PLAZA.

I SAW SOME PICTURES HERE. >> SPEAKER: I WILL INVITE MS. SURVIVE TO COME BACK FORWARD AND ADDRESS THAT QUESTION.

>> SPEAKER: HE IS GETTING HIS STEPS IN TONIGHT.

(LAUGHTER) >> SPEAKER: I WOULD BE HAPPY TO. THIS IS THE FOOD TRUCK PLAZA.

WE DON'T KNOW WHAT ELSE TO CALL IT.

A GROWING TREND IN MASTER-PLANNED COMMUNITIES IS FOR THE HOAS TO HAVE DAYS WHERE THEY HAVE SOME KIND OF FUNCTION IN THEIR LARGE OPEN AMENITY SITES.

A LOT OF THEM LIKE TO INVITE FOOD TRUCKS IN FOR THE DAY.

THEY MAY HAVE SOME TYPE OF LOCALIZED FAIR GOING ON OR INFLATABLE'S OR SOMETHING GOING ON AND THEY INVITE FOOD TRUCKS IN. WHAT WE TRY TO DO IS LOOK AT AN AREA IN THE PARKING AREA THAT WE CAN KIND OF TAILOR FOR THOSE DAYS WHERE THEY COME IN THAT CAN BE BLOCKED OFF THE FOOD TRUCK TO

AND SERVICE THE COMMUNITY. >> SPEAKER: OKAY.

I WAS THINKING THAT THE FOOD TRUCKS WERE JUST GOING TO BE

THERE. >> SPEAKER: NO, MA'AM, SPECIAL YOU ENVISION HAVING LIKE ELECTRICAL OUTLETS AND WATER?

>> SPEAKER: YES, MA'AM. A LOT OF FOOD TRUCKS ARE SELF-CONTAINED, BUT WHEN YOU DESIGN THE PARKING AREA, YOU TAKE A LOOK AT HOW THEY CAN FIT IN AND HOW YOU CAN ADEQUATELY CUT A PARKING AREA OFF FOR THE DAY AND GET FOOD TRUCKS PARKED IN THERE AND HAVE PEDESTRIANS ALL AROUND THEM WITHOUT SAFETY

CONCERNS, THINGS LIKE THAT. >> SPEAKER: WOULD THIS BE OPEN TO THE PUBLIC OR JUST THOSE THAT ARE MEMBERS OF THE PROPERTY

OWNERS? >> SPEAKER: IT WOULD BE ON THE DEVELOPER AMENITY SITE PICK IT WOULD BE A LOCALIZED HOA

FUNCTION. >> SPEAKER: IS THAT SIMILAR TO

THE REC FIELD AS WELL? >> SPEAKER: YES.

>> SPEAKER: THANK YOU, MISTER RICE.

WE MIGHT BE CALLING YOU AGAIN. ANY OTHER THOUGHTS OR QUESTIONS FROM THE COUNCIL? MR. SMITH, I THINK WE NEED TO

MOVE FORWARD. >> SPEAKER: IF YOU DON'T MIND, MAYOR, I WOULD LIKE TO CLARIFY AN AMENDMENT.

[01:10:02]

I WOULD LIKE TO CLARIFY NUMBER THREE TO MAKE SURE THAT WE ARE TRACKING THIS RIGHT, IF SOMEBODY WAS GOING TO RESTATE IT.

HE WOULD SAY THE ISR INCENTIVES TO ONLY APPLY TO TOWNHOUSES AND SINGLE FAMILY UNITS WITH 50-FOOT FRONTAGES IDENTIFIED AS MILL HOUSES IN THE NDP FOR 60 TO 70-FOOT LOTS -- DID WE SAY 70 OR

75-FOOT? >> SPEAKER: 75.

>> SPEAKER: FOR 60 TO 75-FOOT WIDE LOTS, THE MAXIMUM ISR SHALL BE .55. WAS THAT RIGHT?

>> SPEAKER: MAXIMUM 5 PERCENT. >> SPEAKER: MAXIMUM 5 PERCENT INCREASE. OKAY.

SO WHAT YOU WOULD BE CONSIDERING IF YOU ARE CONSIDERING AN AMENDMENT IS JUST TO AMEND TO REVISED CONDITIONS TWO AND THREE AND I WOULD READ TO AS ON THE SHEET AND THREE WOULD INCLUDE THE ADDITIONAL FOR 60 TO 75-FOOT WIDE LOTS, THE MAXIMUM ISR SHALL BE -- THE ISR SHALL BE A MAXIMUM OF 5 PERCENT INCREASE.

>> SPEAKER: INITIAL 5 PERCENT INCREASE.

>> SPEAKER: OKAY. >> SPEAKER: CAN I AMEND MY OWN

MOTION? >> SPEAKER: YES, YOU CAN.

IT'S IN ORDER. >> SPEAKER: IN THAT LIGHT, I WOULD LIKE TO AMEND THE MOTION REGARDING ADOPTING THE ORDINANCE WITH THE CONDITION OPPOSED BY PLANNING TO INCLUDE THE CHANGES LISTED IN THIS FOR ITEMS NUMBER 2, REGARDING THE PROPOSED SCHOOL SITE SHOULD BE MORE CENTRAL TO THE DEVELOPMENT OR ACCESS TO AND FROM THE SITE SHALL BE PROVIDED INTERNAL TO THE DEVELOPMENT AND NOT FROM THIS IS JAMES ROAD OR THE FUTURE OUTER LOOP.

LIMITED ACCESS TO MRS. JAMES ROAD MAY BE CONSIDERED DURING THE GRT AS AN ENTRANCE ONLY EXIT ONLY IF THE CITY ENGINEER IS -- ENGINEERS CRITERIA SATISFIED. SECOND, ITEM 3, ISR INCENTIVES SHALL ONLY APPLY TO TOWNHOUSES AND SINGLE-FAMILY UNITS WITH 50-FOOT FRONTAGES IDENTIFIED AS MILL HOUSES IN THE MDP AND FOR 60 TO 75-FOOT FRONTAGES WITH A LOT MAXED ISR OF A 5 PERCENT

INCREASE FROM THEIR. >> SPEAKER: THAT'S WHAT I HAVE.

>> SPEAKER: WITH JUST ONE POINT OF CLARIFICATION, IT'S A CITY PLANNER. WHAT ABOUT LOSS LOST BETWEEN 60 AND 50 FEET. LITERALLY THERE ARE NO.

>> SPEAKER: I WILL. >> SPEAKER: EVERYTHING LESS

THAN 75 FEET DOWN TO 50. >> SPEAKER: SORRY, OTHERWISE HE WOULD HAVE TO COME BACK AND WE ADVERTISE THE WHOLE THING.

>> SPEAKER: 50 FOR 75 WITH A 5 PERCENT INCREASE.

>> SPEAKER: SO WE HAVE A SECOND? WITH EMOTION AND SECOND. ANYBODY HAVE A PROBLEM MOVING FORWARD THIS? MOVING FORWARD, VOICE VOTE?

(VOICE VOTE) >> SPEAKER: ITEM NINE MAYBE THREE IS A REQUEST FROM BRETT BASQUIN ON BEHALF OF PSM ALABAMA HOLDINGS LLC AND TD DEVELOPMENT INC. TO AMEND THE HAMILTON PLACE PLANNED DEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF MOORES MILL RD. AND HAMILTON RD.

THE AMENDMENT WOULD INCLUDE THE INCORPORATION OF AN ADDITIONAL 4.21 ACRES TO ADD 33,000 SQUARE FEET OF OFFICE SPACE AND CHANGE CLASSIFICATION OF THE SHOPPING CENTER FROM A NEIGHBORHOOD SHOPPING CENTER TO A COMMUNITY SHOPPING CENTER.

THE PLANNING COMMISSION FAILED TO PASS A MOTION RECOMMENDING APPROVAL OF THIS REQUEST BY A VOTE OF TWO TO FOUR IN NOVEMBER 9 MEETING. THIS ITEM WAS POSTPONED FROM THE DECEMBER 21, 2021, TO THE COUNCIL MEETING.

A PUBLIC HEARING IS REQUIRED. >> SPEAKER: INTRODUCED THE ORDINANCE AND ASK FOR UNANIMOUS CONSENT.

>> SPEAKER: SECOND. >> SPEAKER: WE HAVE A MOTION AND SECOND. DOES ANYONE ON THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH A VOTE ON THIS THIS EVENING? SEEING OR HEARING THEN WE WILL OPEN THE PUBLIC HEARING.

IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL, PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.

>> SPEAKER: GOOD EVENING. 1115 BLACKMAN CIRCLE.

THEN CREEK SUBDIVISION. I WOULD LIKE TO ASK YOU ALL -- THANK YOU FOR YOUR TIME. I WOULD LIKE TO HAVE YOU ALL VOTE NO FOR THE CHANGE IN THE ZONING.

FOR FOUR MAIN REASONS. ONE, BEING COMP PLAN 2030.

HAS IT STATED AS RESIDENTIAL AREA NOT A BUSINESS AREA.

SECONDLY, WHAT WAS ALREADY MENTIONED, THE PLANNING COMMISSION RECOMMENDED NOT TO APPROVE TO CHANGE THE ZONING.

NUMBER THREE, ENVIRONMENTAL. IT IS INTERESTING YOU ALL HAVE A

[01:15:06]

OR WHETHER IT IS GOING TO FLOOD IT.

THAT WOULD DRASTICALLY CHANGE HOME VALUES AND THINGS THAT NEED TO BE DONE FOR OUR COMMUNITY. AND LASTLY, FOR SAFETY, SCHOOL BUSES, YOUNG DRIVERS COMING IN AND OUT OF THAT NEIGHBORHOOD OUT TO MOORES MILL RD., IT IS NOT THE SAFEST.

THERE HAS BEEN ACCIDENTS. ONE OF THEM WAS A ROLLOVER.

I MENTIONED TO YOU ALL BEFORE. THE MAIN THING ABOUT THIS AREA IS THAT THIS PROPERTY IS IN A LOW SPOT AS IS THE DRIVE IN AND OUT OF BENBROOK. IT RISES UP THE HILLS ON EITHER SIDE AT A VERY SHORT DISTANCE, ROUGHLY 75 YARDS, AND CARS FLYING OVER THAT YOU HAVE VERY SHORT TIME TO ADJUST AND TO EVALUATE WHETHER YOU ARE GOING TO PULL OUT OR YOU ARE GOING TO SIT THERE. THIS IS AT ALL TIMES OF THE DAY THAT THIS OCCURS. SAFETY IS A VERY BIG THING IN OUR NEIGHBORHOOD THAT WE ARE VERY CONCERNED ABOUT WITH THIS DEVELOPMENT. THANK YOU FOR YOUR TIME.

>> SPEAKER: THANK YOU. >> SPEAKER: COULD EVEN.

THANK YOU ALL VERY MUCH FOR YOUR SERVICE.

I AM A ERNIE MERRITT I LIVE AT 2492 GLENBROOK DRIVE.

I AM ASKING AND COMING BEFORE YOU ASKING FOR A NO VOTE FOR THIS DEVELOPMENT AS WELL. WITH MANY DIFFERENT REASONS.

BUT I WANT TO SHARE A COUPLE OF THINGS WITH YOU TONIGHT IF YOU WILL SPARE ME THE MINUTES. FIRST OF ALL, PUBLIC SAFETY IS MY NUMBER ONE CONCERN. PUBLIC SAFETY IN THAT AREA HAS GOTTEN EXTREMELY DANGEROUS. WE COULD LOOK AT ALL OF THE TRAFFIC STUDIES, WE CAN LOOK AT ALL OF THE VARIOUS DIFFERENT REPORTS THAT COME OUT, BUT UNLESS YOU LIVE IN THE AREA, YOU DON'T UNDERSTAND WHAT THE SAFETY ISSUES ARE.

I LIVE IN IT, I KNOW WHAT IT'S LIKE TO PULL OUT INTO THAT AREA AND ADDING A DEVELOPMENT THE SIZE OF THIS DEVELOPMENT WITH THE NUMBER OF CARS THAT ARE DIRECTLY ACROSS AS MENTIONED BEFORE, THAT WOULD CREATE SOME SERIOUS CONCERNS FOR US.

OBVIOUSLY CREATE A LOT OF CONCERN AND THE REQUEST THAT WE HAVE ASKED. AS YOU THINK ABOUT PUBLIC SAFETY, I HAVE ASKED AS I HAVE MET WITH FOLKS WHO LIVE IN THE EASTLAKE COMMUNITY WHICH IS JUST SOUTH OF US, OR JUST BELOW US, AS WELL AS THOSE FOLKS THAT LIVE CLOSE TO US UP ON THE MOORES MILL RD. SIDE, WHICH IS JUST NORTH OF THE INTERSECTION, I CALL THAT NORTH-SOUTH, WHETHER YOU CALL IT EAST OR WEST, WE ALL KNOW THE INTERSTATE IS THROWN OFF IN THE CITY OF AUBURN.

BUT AT ANY RATE, WHAT THEY WILL TELL YOU IS THEY DON'T GO OUT ONTO MOORES MILL RD. THEY ALL HAVE AN OPTION.

EASTLAKE RESIDENCE PULL OUT A GO ALL THE WAY AROUND TO OGLETREE.

THEY ADDED LITERALLY ROADBLOCKS OR SPEED BUMPS TO SLOW DOWN THE TRAFFIC COMING AROUND AND GOING THAT WAY BECAUSE EVERYONE GOES OUT FOR THE SAME EXACT SAFETY CONCERN THAT WE HAVE.

IF YOU LIVE IN MOORE'S MILK, WHERE DO YOU LIVE ON EITHER SIDE OF THE MOORS MILK, THE OLD ORIGINAL OR THE NEW SIDE, THE NEW SIDE CAN GO AROUND ROCK FENCE ROAD, THEY GO UP TO ROCK FENCE AND TURN ON OGLETREE AND COME BACK TO THE LIGHT AND THEN TURNED DOWN MOORES MILL RD. WHEN THEY ARE TRAVELING IN THIS HIGH DENSITY AREA OF TRAFFIC. IF YOU COME OUT OF THE OLD MOORES MILL RD. GO TO HAMILTON RD. AND COME TO THE SAME INTERSECTION. WE DON'T HAVE THAT OPTION.

NO ONE IN OUR NEIGHBORHOOD HAS ANY OPTION OTHER THAN TO SIT THERE AND FIGHT THIS DANGEROUS INTERSECTION THAT IS ONLY GOING TO GET WORSE. THE LAND PLAN AS YOU ALL HAVE HEARD NUMEROUS TIMES -- I DON'T NEED TO TALK ABOUT THAT.

I KNOW IN PREVIOUS MEETINGS AS I HAVE PARTICIPATED IN OTHER MEETINGS TO LEARN MORE ABOUT THE COUNCIL AND THE PROCESS, THERE HAS BEEN DISCUSSION AROUND WHETHER THE COMP PLAN IS CURRENT BECAUSE OF THE GROWTH OF THE CITY.

IF IT IS NOT LET'S SUSPEND THIS OR DECLINE IT UNTIL THERE IS A NEW ONE THAT SAYS SOMETHING DIFFERENT.

IF YOU MOVE ON, ONE OF THE THINGS THAT WAS BROUGHT UP AS WELL, WE TALKED ABOUT A PLANNED DEVELOPMENT OR PDD.

MAYOR, YOU SPOKE BRIEFLY JUST A MINUTE AGO ABOUT A PLAN -- PDD AND HOW WELL IT SHOULD WORK. AND HOW IT SHOULD BE PLANNED TOGETHER AS A GROUP, COMING TOGETHER AS A DEVELOPMENT AND AS A BOARD PUTTING A PLAN TOGETHER FOR A LONG RANGE PLAN.

THAT HAS NOT HAPPENED HERE. THAT IS NOT HAPPENED AT ALL.

[01:20:04]

I ASKED MANY OF YOU THAT QUESTION THAT I SPOKE TO.

IT IS COMPLICATED AND IT IS DIFFICULT TO ANSWER, BUT THERE IS ALWAYS A CHANCE THAT SOMEONE COULD BUY THE PROPERTY NEXT DOOR TO THIS DEVELOPMENT AND PUT A TARGET OR A DOLLAR GENERAL OR WHATEVER IT MIGHT BE TO EVEN MAKE IT WORSE.

BECAUSE NOW YOU ARE MOVING IT FROM A 100 TO 500 RANGE CALL IN A COMMUNITY SHOPPING CENTER. I AM HOPEFUL THAT I AM CORRECT WITH EXACTLY AS I HAVE DESCRIBED THAT AS I KNOW MS. CROUCH EXPLAINED IT. IT'S VERY DIFFICULT TO ANSWER THAT FOR THERE ARE SOME LEGALITIES BUT THEY COULD COME IN FRONT OF THE COUNCIL AND REQUEST A SIMILAR CHANGE.

THE ORIGINAL PLANNING ZONE, THEY HAVE COME ACROSS THIS DOES THIS IS COME TO MULTIPLE TIMES AS EACH OF YOU ARE AWARE.

THE FIRST TIME IT CAME IT WAS DEFEATED BY THIS COUNCIL.

IT WAS APPROVED BY PLANNING BUT IT WAS DEFEATED BY THIS COUNCIL.

THE SECOND TIME AND WENT BACK IN FRONT OF YOU BECAUSE THEY MADE A CHANGE AND MOVED THE ROAD WHEN THE ROAD WAS MOVED IT WAS DENIEE PLANNING DEPARTMENT OR PLANNING COMMISSION AND IT WAS DENIED BY YOU AS WELL. WE WAITED THE YEAR TIME THAT IS ALLOWED AND THEN IT HAS COME BACK TO PICK IT IS THE EXACT SAME THING YOU SAW THE FIRST TIME THAT YOU DECLINED.

THERE ARE NO CHANGES TO IT. SO THEREFORE THEY ARE ASKING YOU AGAIN TO PROVE SOMETHING THAT YOU HAVE ALREADY SAID NO, AND I HAVE ALREADY DECLINED. THE PLANNING COMMISSION DID DECLINE IT. I KNOW IT WAS BROUGHT UP AND THERE WERE SEVERAL MEMBERS MISSING.

THERE WERE TWO MISSING. IF THAT WAS THE CASE FROM WHAT I UNDERSTAND. THAT WOULD HAVE MADE IT A TIE VOTE. I DIDN'T HAVE IT EXPECT IT WAS

TO-4. >> SPEAKER: OBVIOUSLY WE DON'T KNOW HOW THE OTHERS WOULD VOTE BUT THEY DID DECLINE IT'S.

I KNOW MANY OF YOU HAVE HAD TO MISS.

IT'S UNFORTUNATE WHEN IT HAS TO HAPPEN BUT THERE ARE REASONS WHY IT HAPPENS IN OUR LIVES. BUT WE HAVE TO LIVE WITH THOSE VOTES. I WILL AND BUY A COUPLE OF THINGS. ONE, I SPOKE TO ONE OF YOU THAT MADE A VERY ENLIGHTENING STATEMENT TO ME, THEY CALLED IT ALMOST LIKE MAKING YOU A GYMNAST.

I WILL CLOSE WITH THIS. LAST WEEK I SAT THROUGH THIS MEETING IN THIS VERY ROOM AND WATCHED THE PRESENTATION.

I OBVIOUSLY SPOKE TO MANY OF YOU PERSONALLY OR WROTE TO YOU ABOUT MY CONCERNS OF HOW YOU WERE TREATED.

YOU WERE ATTACKED, IN MANY CASES , ALL OF YOU, ONE WAY OR ANOTHER. I DON'T HAVE ANY IDEAS ABOUT HOW ALL OF THE ZONING MAP TO WORK, BUT WHAT I WAS WHAT IMPRESSED WITH WAS HOW YOU HANDLED IT. HOW YOU SUPPORTED THE CITY MANAGER, HOW YOU SUPPORTED THE CITY STAFF.

YOU SUPPORTED ALL OF THE HARD WORK THEY'VE DONE AND YOU SUPPORTED EVERYTHING YOU DID. I CLOSE AND ASK YOU TO DO THE SAME THING TONIGHT. THEY RECOMMEND A NO VOTE, AND I WOULD ASK THAT YOU YOU DO THAT AS WELL.

THANK YOU. >> SPEAKER: WHO WILL BE NEXT?

>> SPEAKER: MY NAME IS GREG JUSTICE AND I LIVE THAT 2580 GLENWOOD DRIVE AND THAT IS IN AUBURN ACROSS THE STREET FROM THE DEVELOPMENT THAT WE ARE TALKING ABOUT IN BENBROOK SUBDIVISION. EVERYTHING THAT ERNIE SAID I REITERATE. MY WIFE AND I, SHE COULDN'T ATTEND TONIGHT, WE ASK ALL OF Y'ALL TO ABSOLUTELY VOTE AGAINST THIS DEVELOPMENT AS YOU HAVE DONE IN THE PAST.

WE ARE AGAINST IT FOR ALL OF THE REASONS, FOR THE SAFETY.

(LOSS OF AUDIO) THE ONE THING ABOUT IT WE TALK ABOUT OUR KIDS. SOME OF OUR KIDS ARE IN COLLEGE, MINE ARE. BUT I'M GETTING OLDER AND TO BE HONEST WITH YOU, I LOOK LEFT, I LOOKED LEFT, AND I TRAVEL A LOT STILL. I HAVE BEEN REALLY CLOSE A FEW TIMES. WE HAVE PROBABLY NEARLY A MILLION AND A HALF MILES UNDER MY BELT DRIVING.

THIS HAS BEEN GOING ON FOR WELL OVER A YEAR.

WE HAVE TALKED ABOUT PROPERTY RIGHTS, THE DEVELOPERS RIGHTS TO REZONE TO ACCOMMODATE VERSUS THE EXISTING PROPERTY OWNERS.

THAT IS A GOOD QUESTION. WHEN WE BUILT OUR HOUSE THERE, WE KNEW, WE LOOKED INTO THE 2030 PLAN.

THE PLANNING COMMISSION, WHAT WAS PLANNED FOR.

AND WE DIDN'T PLAN FOR THIS. OTHERWISE WE WOULD NOT HAVE BUILT THERE. IT IS A BIG DEAL.

I CAN'T SPEAK FOR ANY OF Y'ALL HERE, BUT I REALLY THINK ANYBODY

[01:25:01]

NOW, I HAVE LIVED HERE LONG A LONG TIME.

A LOT OF Y'ALL HAVE TOO. THE PLANNING COMMISSION, THE COUNCIL, EVERYBODY WORKS HARD TO MAKE SURE THAT EVERYTHING THAT WE ARE DEVELOPING IS GOING TO BE GOOD FOR THE CITY IN THE LONG RUN. EVEN WITH ALL OF THAT HARD WORK, WE HAVE HAD A FEW MISSES. I THINK EVERYBODY KNOWS THE SPOTS IN THE CITY THAT JUST DIDN'T TURN OUT LIKE IT SHOULD.

WHAT I AM ASKING HERE IS TO KEEP OUR SUBDIVISIONS SAFE AND TO PLEASE NOT LET THIS SIDE OF MOORES MILL RD., WHICH IS ONE OF THE MOST BEAUTIFUL ROSE IN THE CITY, TURN INTO ANOTHER EYESORE.

I THINK THIS WOULD BE STEP ONE, IF NOT MAYBE STEP TO HEADING IN THAT DIRECTION. WE CAN'T EVER COUNT ON, I GUESS, WITH DIFFERENT ELECTIONS, ON WHAT A STEP DOWN DEVELOPMENT IS FROM THIS ONE. IT COULD CONTINUE ALL THE WAY DOWN TO SOCIETY HILL ROAD. WITHOUT STEPPING DOWN.

WE DON'T REALLY SUPPORT THAT. AND AGAIN, I WANT TO SAY THANK YOU FOR YOUR SERVICE. I KNOW IT IS HARD OVER THERE.

Y'ALL HERE FOR PEOPLE LIKE US ALL THE TIME AND I IMAGINE HE CAN GET PRETTY NASTY. I'M NOT APPEAR TO DO THAT AND NOT QUESTION ANYBODY'S INTEGRITY BUT WITH THIS BEING PLANNING COMMISSION IS AGAINST IT. THE COMP 2030 PLAN IS NOT SUPPORTED. SO IT BEGS THE QUESTION TO WHY WOULD ANYBODY SUPPORT IT? IT SHOULD BE A FOREGONE CONCLUSION, BUT THE GAME OF ATTRITION IS KICKING IN WHEN WE WOULD NORMALLY HAVE 20 OR 30 PEOPLE HERE.

BUT TIME. I CAN TELL YOU THIS THAT OUT OF 37 PEOPLE THAT I SPOKE WITH IN OUR SUBDIVISION, THEY ARE ALL AGAINST THIS DEVELOPMENT, FOR SOME OF THE SAME REASONS I AM.

AND IT'S NOT JUST A MATTER OF SAFETY.

THERE ARE OTHER WAYS TO MITIGATE THAT.

YOU COULD MITIGATE TURNING LANES , RED LIGHTS, BUT YOU CAN'T MITIGATE AND EYESORE ONCE IT STARTS.

AND WITH THAT SAID, I APPRECIATE YOUR SERVICE AND MY WIFE AND I ARE STRONGLY AGAINST IT AND ASK EACH AND EVERY ONE OF YOU TO VOTE AGAINST IT. THANK YOU.

>> SPEAKER: THANK YOU, MR. JUSTICE.

WHO WILL BE NEXT? >> SPEAKER: 2486 GLENBROOK DRIVE IN THE SAME SUBDIVISION THESE OTHER GENTLEMEN HAVE BEEN IN. I WOULD LIKE TO BEGIN BY THANKING YOU AGAIN FOR THIS OPPORTUNITY.

WE HAVE BEEN HERE SEVERAL TIMES NOW TO BOTH THE PLANNING COMMISSION AND THE COUNCIL, AND FOR SOME REASON WE ALWAYS THINK MAYBE THIS IS THE LAST TIME THAT WE WILL HAVE TO CONSIDER THIS.

YOU, LADIES AND GENTLEMEN, ARE IN A POSITION NOW OF HAVING TO DIRECT AND STEER OUR AREA FROM THAT GRAY ZONE.

I CALL IT THE GRAY ZONE BECAUSE IT IS BEHIND A MAJOR INTERSECTION THERE, THE PUBLIC'S INTERSECTION, AND WE ARE IN A SPOT WHERE THE ORIGINAL COUNCIL THAT VOTED ON THIS AND SOME OF YOU MAY HAVE BEEN ON IT, MOST OF YOU MAY NOT -- IT SEEMS AS THOUGH IT WAS RIGHT AFTER THE TURN-OF-THE-CENTURY AT SOME POINT. I DON'T EVEN KNOW WHAT YEAR.

BUT SOMEBODY AT THAT COUNCIL, SOMEBODY STEERED THAT COUNCIL INTO BELIEVING THAT THE GRAY ZONE ENDED BEHIND CVS FOR SURE WHERE OUR SUBDIVISION WAS APPROVED, AND SO THAT IS IT FROM THERE ON THERE IS NO WAY TO PUT ANY MORE COMMERCIAL ON OUR SIDE OF MOORES MILL RD. BUT ON THE OTHER SIDE, THE GRAY ZONE IS STILL THERE. NOW, YOUR QUESTION TO YOURSELVES , FOR YOUR VOTE, MUST SURELY CONSIDER, YOU MUST CONSIDER WHETHER YOU FEEL LIKE THAT GRAY ZONE IS IN A DIFFERENT SPOT THAN WHAT OUR SUBDIVISION IS.

IF OUR SUBDIVISION IS ALREADY SET THE PACE FOR THAT, WHEN ARE YOU GOING TO STOP THAT GRAY ZONE? IT IS ALREADY BEEN MENTIONED THAT IT COULD KEEP EXTENDING ONE LOT AT A TIME OR ONE AREA AT A TIME ADD INFINITUM TO THE POTTING SHED. IT WOULD BE A FAIRLY STRANGE SITUATION TO SEE THAT HAPPEN. AND WE THINK, WITH ALL OF THE PROBLEMS THAT HAVE BEEN MENTIONED, THAT WE HAVE REASON ENOUGH TO COME TO YOU AND SAY, PLEASE DO NOT ALLOW THIS GRAY ZONE TO KEEP EXTENDING ON THE OTHER SIDE OF MOORES MILL RD.,

[01:30:03]

SAFETY CONCERNS, ALL OF IT. I HAVE ONE OTHER THING, WHICH IS, I AM KIND OF THE POND COLORANT GUY IN MY NEIGHBORHOOD.

SO I WATCHED THAT POND EVERY DAY AND I SIT AT MY KITCHEN TABLE AND I CAN SEE IT. WE WANT TO STAY IN OUR HOUSE JUST LIKE THESE GUYS DO. UNTIL WE CAN EXIT IN A HORIZONTAL POSITION RIGHT ON OUT OF HERE.

AND WE LOVE AUBURN. AS TOMMY GOFF USED TO SAY, I SAID I THINK I WILL DIE AND GO TO AUBURN.

THAT'S HOW MUCH HE LOVED IT. AND A LOT OF YOU KNOW WHO TOMMY GOFF IS, A DEAR FRIEND OF MINE AND A NOTE OF YOURS AS WELL.

I DO FEEL LIKE THAT WE NEED TO STOP THE GRAY ZONE.

IT HAS BEEN STOPPED EVERYWHERE ELSE NEAR THE INTERSECTION.

THIS IS IT. THE LAST HOLDOUT.

WE WANT TO PLEASE STOP IT RIGHT WHERE IT IS AND MAKE THIS ALL RESIDENTIAL, ACROSS FROM US SHOULD BE RESIDENTIAL.

ON THAT SIDE OF MOORES MILL RD. AS WELL AS OUR SIDE.

ALL THE WAY TO THE POTTING SHED AND BEYOND.

WHO KNOWS. SO THANK YOU VERY MUCH FOR YOUR TIME, YOUR CONSIDERATION, AND WE HOPE THAT YOU WILL THINK THROUGH WHAT WE HAVE SAID. I KNOW YOU WILL CONSIDER IT AS A NO VOTE. THANK YOU VERY MUCH.

>> SPEAKER: THANK YOU, GREEN HALL.

YOU ARE RIGHT, TOMMY GOFF WAS ONE SPECIAL GUY.

WHO WILL BE NEXT? >> SPEAKER: GOOD EVENING.

THANK YOU FOR THE OPPORTUNITY TO SPEAK BEFORE YOU.

MY NAME IS ANDREW PRICE AND THEY LIVE AT 2575 GLENBROOK DRIVE.

IN BENBROOK SUBDIVISION. FIRST I WOULD LIKE TO ACKNOWLEDGE THE STRESSFUL REDISTRICTING EFFORT THAT THE DISTRICT -- CITY JUST UNDERTOOK. THERE WERE MANY CONVERSATIONS THAT WERE DIFFICULT AND I SEND EVERYONE UP WITH THE PRAYERS AND LOVE. I WOULD ALSO LIKE TO THANK MARY ANDREWS AND THE COUNCIL AND PARKS AND REC FOR THEIR CONTINUED SUPPORT OF SOCCER IN AUBURN AND THE RECENT INITIATION OF THE NEXT ELEMENT PHASE AT THE SOCCER COMPLEX.

I BASICALLY RAISED MY TWO TEENAGE DAUGHTERS SINCE THEY WERE 4 YEARS OLD AND I TEASE -- I TEASE MY COLLEGE I SHOULD HAVE GOTTEN A PH.D. IN TURFGRASS SCIENCE AND SET OF CROP SCIENCE AS I SPENT SO MUCH TIME AT THE SOCCER COMPLEX.

ALSO THANK YOU FOR THE NEW ROUNDABOUT AND WIRE AND COX TO TRAVERSE THE INTERSECTION. THE REASON I AM HERE IS TO ASK YOU TO VOTE NO AGAINST THE HAMILTON PLACE PDD.

I HAVE THREE MAIN CONCERNS ABOUT REZONING THE PROPERTY ACROSS THE STREET FROM MY NEIGHBORHOOD BENBROOK.

FIRST, THE CONCERN FOR ADDITIONAL GARBAGE THIS DEVELOPMENT WILL LIKELY GENERATE ON THE ROADSIDE THAT FLOWS INTO OUR NEIGHBORHOOD WALKWAY, ENTRANCEWAY, STREAM AND ULTIMATELY OUR NEIGHBORHOOD POND.

I KNOW DEWICH ARE NEIGHBORHOOD FAMILIES ALREADY PICKED UP AN UNACCEPTABLE AMOUNT OF ROADSIDE TRASH FROM THE CURRENT HAMILTON PLACE DEVELOPMENT. IT'S SOURCES ARE EASILY IDENTIFIABLE BECAUSE MOST OF THE GARBAGE BEARS NAMES OF THE BUSINESSES FOUND WITHIN THE SHOPPING CENTER.

OUR BENBROOK HOA PAYS OVER $1000 A YEAR AS A LINE ITEM IN OUR BUDGET SPECIFICALLY FOR PICKING UP TRASH ON OUR NEIGHBORHOOD WALKWAY AND ENTRYWAY. I SENT MARY ANDREWS AND THE CITY COUNCIL PICTURES OF THE GARBAGE AND RECYCLABLES I PICKED UP AT LUNCHTIME YESTERDAY ALONG THE ROADWAY DIRECTLY IN FRONT OF OUR NEIGHBORHOOD. FROM WHAT I'VE WITNESSED, WHATEVER LEAF, LITTER AND TRASH A STREET SWEEPER CANNOT PICK UP, THE HAMILTON PLACE LEAF BLOWER CREW BLOWS THROUGH THE PARKING LOT AND OUT ONTO THE STREET PROPERTY EDGES AND THE STORMWATER RETENTION AREA THAT DRAINS THROUGH MY NEIGHBORHOOD.

SECOND IS HOW ADDING THIS TO DEVELOPMENT AND MAKING SUCH A LARGE DEVELOPMENT WILL IMPACT MY PROPERTY VALUE NEGATIVELY BECAUSE IT IS SUCH A DISSIMILAR USE AND AESTHETIC FOR MY NEIGHBORHOOD. ALSO IMPACTING MY PROPERTY VALUE, HOW MUCH OF AN INCREASE IN NOISE AND LIGHT POLLUTION THIS NEIGHBORHOOD WILL THIS NEW DEVELOPMENT BRING TO MY NEIGHBORHOOD. LAST AND MOST IMPORTANTLY TO ME, I AM GREATLY CONCERNED ABOUT THE INCREASED TRAFFIC THIS DEVELOPMENT WILL BRING TO THE IMMEDIATE AREA AND THE INCREASED USE OF THE PUBLIC REAR ENTRANCE WHICH WILL CREATE UNSAFE CONDITIONS IN FRONT OF OUR NEIGHBORHOOD.

IT HAS ALREADY ACTUALLY DIFFICULT TO TURN LEFT OUT OF OUR NEIGHBORHOOD IN THE MORNING AND AFTERNOON DUE TO THE HIGH VOLUME OF TRAFFIC, LIMITED SIGHT DISTANCE AND TRAFFIC SPEED.

THIS DEVELOPMENT WILL MAKE IT EVEN MORE DIFFICULT AND DANGEROUS AS THE ENTRANCE TO THE DEVELOPMENT IS IMMEDIATELY ADJACENT CONCERNING DECISIONS ON WHEN TO ENTER THE INTERSECTION.

THE PROPOSED DEVELOPMENT WILL RESULT A DECISION AND REACTION TIME AND CAR VOLUME INTERACTION THAT WILL BE UNDERSTANDABLY -- UNDENIABLY CREATE UNSAFE CONDITIONS.

I'M VERY CONCERNED HOW DANGEROUS THIS WILL BE FOR MY FAMILY OF DRIVERS INCLUDING MY DAUGHTERS, ONE OF WHICH STARTING DRIVING IN OCTOBER. THANK YOU FOR YOUR CONSIDERATION OF MY CONCERNS. PLEASE VOTE NO ON THE HAMILTON

[01:35:01]

PLACE PDD. >> SPEAKER: THANK YOU, MR. PRICE. WHO WILL BE NEXT? ANYONE ELSE FOR THE PUBLIC HEARING?

>> SPEAKER: GOOD EVENING EVERYONE.

MY NAME IS GREGORY 2547 GLENBROOK DRIVE IN BENBROOK SUBDIVISION. I WILL SAY I AM PROUD OF MY NEIGHBORS FOR BEING PROFESSIONAL AND KEEPING IT CLASSY.

MY WIFE AND I WOULD LIKE FOR YOU GUYS TO DENY THIS APPLICATION AND SEVERAL REASONS. FIRST OF ALL, LIKE STATED BEFORE, IT'S THE SAME APPLICATION THAT WAS VOTED ON.

I WANTED TO MAKE SURE YOU UNDERSTAND THAT.

AND REALLY THE SAME ISSUES I HAD BEFORE WERE USED AND SAFETY.

I WILL TRY TO BE BRIEF AS YOU GUYS HAVE HEARD A LOT OF THIS.

AND I HAVE MET -- MOST OF YOU HAVE MET ME OUT THERE TO LOOK AT THE SITUATION. AS SOMEONE WHO HAS BEEN IN THE PLANNING AND DEVELOPMENT INDUSTRY FOR THE LAST 20 YEARS, I'VE SEEN A LOT AND REALLY I HAVE TRIED TO BOIL IT DOWN TO USE AND SAFETY. AS YOU KNOW, THIS IS AN LD THE ZONING AND IT IS NOT A PERMITTED OR EVEN A CONDITIONAL USE FOR LTD ZONE. THE DEVELOPER HAS TO CO-OP BASICALLY THE PDD DESIGNATION ON THE ADJACENT PROPERTY.

PDDS TYPICALLY ARE DONE TO ALLOW FOR MORE FLEXIBILITY FOR THE DEVELOPER, BUT AT THE SAME TIME, PROVIDE THE AUBURN COMMUNITY WITH A VERY COMPREHENSIVE PLAN OUT SITUATION.

I WOULD ACTUALLY -- STAFF TO THE GREAT JOB.

THE GOAL OF PLANNED DEVELOPMENT, THIS IS A QUOTE FROM THEM AND THEIR ASSESSMENT, THE GOAL OF PLANNED OF ELEMENT IS THAT OF ALL OF ITS ASPECTS BUILDINGS, VERY LAND USE, PARKING, CONNECTIVITY, ETC. ARE INTEGRATED THROUGHOUT THE ENTIRE DESIGN SO AS NOT ONLY IT APPEARS AS ONE COHESIVE DEVELOPMENT, BUT FUNCTIONS AS ONE AS WELL. THE PDD AMENDMENT THAT IS PROPOSED AS A MECHANISM TO ALLOW THE PROPOSED OFFICE USE IN THE CONTEXT OF A SHOPPING CENTER, HOWEVER, IS NOT DESIGNED AS AN INTEGRAL PART OF THE MASTER DEVELOP A PLAN.

ACCESS PROPOSED AT THE SERVICE ENTRANCE FOR THE PUBLIC SUPERMARKET BASED ON THESE FINDINGS THEY RECOMMENDED DENIAL. I WOULD AGREE WHOLEHEARTEDLY THAT THE SPIRIT AND THE INTENT OF A PDD IS KIND OF THIS PUBLIC TRADE-OFF. THE DEVELOPER OR PROPERTY OWNER GETS TO HAVE LOWER FLEXIBILITY, BUT THE PUBLIC IN GENERAL HAS A BETTER IDEA, JUST AS THE PREVIOUS APPLICANT WAS EARLIER TODAY. WE SAW HOW THAT CAN WORK REALLY WELL. SAFETY IS THE SECOND CONCERN.

IT HAS BEEN MENTIONED. IT IS AN AWKWARD SITUATION.

I'VE SEEN -- IT IS AN AWKWARD CONFIGURATION.

USING -- SO EVERYONE UNDERSTANDS, THE REASON WE USE SERVICE DRIVE IS WHEN THIS WENT TO THE BZA BACK IN 2008, IT WAS TOLD TO THE PUBLIC AND TO THE THEY PUT ACROSS THE STREET THAT THIS WAS A SERVICE DRIVE ONLY. SO WHEN WE SEE THIS COMMERCIAL USE BEING ADDED TO THAT, IT OBVIOUSLY RAISED SOME QUESTIONS.

SO THAT IS WHY AGAIN STAFF MENTIONED THAT IN THEIR COMMENTS AS WELL. THE OPPOSING LEFT TURN IS PROBLEMATIC. I THINK THE OPPOSING LEFT TURN IS A PROBLEMATIC ISSUE. IT HAS BEEN STATED, WE LOOK LEFT, WE LOOKED RIGHT, BUT NOW YOU ARE INTRODUCING ANOTHER KIND OF ELEMENT TO AN ALREADY PRETTY SHAKY SAFETY SITUATION.

IT DOES NOT MEET THE CITY STANDARDS FOR A DRIVEWAY OFFSET STANDPOINT AND LIKE MANY SAID, WE HAVE A LOT OF YOUNG DRIVERS.

I THINK THEY ARE ALL GETTING OLDER AND DRIVE AROUND OUR NEIGHBORHOOD AND THERE ARE STILL YOUNG KIDS PLAYING FOOTBALL AND EVERYTHING ELSE. CITY COUNCIL, Y'ALL DENIED IT.

PLANNING COMMISSION DENIED IT. SATURDAY -- STAFF TONIGHT IT.

I UNDERSTAND THAT DOWN ZONING, I DO.

I'VE GOT IT FOR OVER 20 YEARS. BUT AS PRESENTED ON THIS SPECIFIC SITE, IN THIS LOCATION, I JUST DON'T THINK IT IS APPROPRIATE. I'M ASKING YOU GUYS TO DENY IT.

THANK YOU. >> SPEAKER: THANK YOU MR. PORTER. WHO WILL BE NEXT.

>> SPEAKER: GOOD EVENING, REPRESENTING TD DEVELOPMENT.

I JUST WANTED TO KIND OF GO THROUGH AND HOPEFULLY ADDRESS SOME OF THE COMMENTS AND QUESTIONS THAT CAME UP.

ONE OF THE THINGS MR. PARSONS, YOU BROUGHT UP CURRENTLY WAS IN REFERENCE TO THE FUTURE LAND USE PLAN AND REFERENCING DEALING WITH WHAT CODE OR WHAT STAFF RECOMMENDS AND THEIR STAFF REPORT. JUST SO WE'RE ALL CLEAR, IN REGARDS TO A STAFF REPORT, THEY DON'T RECOMMEND ANYTHING THAT WOULD CONTRADICT THE CURRENT FUTURE LAND USE PLAN.

[01:40:02]

IT IS BASICALLY ON WHETHER IT DOES OR DOESN'T MEET THE COMP PLAN. WITH COVID, THE MOST RECENT UPDATE FOR OUR FUTURE LAND USE PLAN HAS NOT BEEN DONE.

SO REALLY OUR FUTURE LAND USE PLAN IS LAGGING THE CURRENT MARKET SECTOR, ESPECIALLY WITH THE GROWTH THAT IS TAKING PLACE HERE. I WOULD TEND TO SAY THAT OUR FUTURE LAND USE PLAN IS OUT OF DATE AND REALLY NEEDS TO BE UPDATED. I HAVE EXPRESSED THAT ROUTINELY BECAUSE MOST OF THE PROJECTS THAT WE ARE COMING UP AGAINST AND COMING UP IN FRONT OF YOU VIOLATE THE FUTURE LAND USE PLAN. OUR GROWTH BOUNDARIES AND WHAT IS CONSIDERED RULE WITH ALL OF THE CHANGES THAT HAVE HAPPENED, WE ARE COMING UP AND PUSHING THOSE BOUNDARIES.

FIRST OFF, I FEEL LIKE THE FUTURE LAND USE PLAN WE REALLY NEED TO -- THIS AMENDMENT. BASED UPON THE STAFF IS INTERPRETING THIS, I THINK A FINE TOOTHED -- I THINK IT NEEDS TO BE FINE TOOTHED AND EVALUATED ALONG THE FRINGES WERE SOME OF THESE THINGS TAKE PLACE. I JUST WANTED TO KIND OF START OFF WITH THAT. THE FUTURE LAND USE ON THIS PARTICULAR SITE IS RESIDENTIAL. THE OPERATIVE TO THE NORTH WAS RESIDENTIAL AS WELL AND WAS APPROVED AS A CHURCH, CONTRADICTORY TO THE FUTURE LAND USE PLAN.

WE ARE BOUNDED TO THE WEST BY THE SHOPPING CENTER AND TO OUR EAST WE DO HAVE A CREEK. I KNOW ONE OF THE THINGS I THINK THAT CONCERNS A LOT OF THE CITIZENS IS THIS FUTURE EXPANSION OF THIS COMMERCIAL SECTOR FURTHER EAST.

IF YOU LOOK -- WITHIN THE LBD ZONING, THE LTD ZONING WAS ORIGINALLY CREATED FOR THE LAKE OGLETREE WATERSHED.

IT WAS A LIMITED DISTRICT SO THERE WERE A LOT OF RESTRICTIONS WITHIN THAT ZONING. NOW THAT SAME LTD ZONING HAS BEEN APPLIED TO OTHER CITY BUT IT WAS CREATED AND USED WITHIN THE CONSERVATION OVERLAY DISTRICT WHICH IS THE LAKE OGLETREE WATERSHED. BUT WHEN IT CREATED THAT, A LOT OF OUR USES, FOR INSTANCE, OFFICE, IS REQUIRED.

IT IS ONLY ALLOWED IN THE LBD ZONING WITHIN THE CONTEXT OF A NEIGHBORHOOD SHOPPING CENTER. SO IF YOU DON'T HAVE A NEIGHBORHOOD SHOPPING CENTER, YOU CAN'T GET THAT ZONING.

SO ANYTHING ALONG MOORES MILL RD. THAT IS LBD WANT TO GET INTO THE LAKE OGLETREE WATERSHED, YOU CAN'T DO A SINGLE FREESTANDING 2500 SQUARE-FOOT OFFICE. YOU CAN ONLY DO OFFICE WITHIN THE CONTEXT OF A NEIGHBORHOOD SHOPPING CENTER.

THAT IS WHY THE ONLY REALLY OFFICE THAT IS OUT THERE IS WITHIN THE CLEVELAND OGLETREE VILLAGE SHOPPING CENTER.

YOU HAVE THE CVS SHOPPING CENTER THERE, AND THEN YOU HAVE THE PUBLIX SHOPPING CENTER. WITHIN THE NEIGHBORHOOD SHOPPING CENTER, WITHIN THE LTD YOU HAVE TO HAVE A MINIMUM 3-ACRE LOT.

BUT YOU ALSO HAVE TO BE LOCATED AT THE CORNER OF AN ARTERIAL OR AN ARTERIAL AND THEY COLLECTOR RODE.

SO FOR THE NEIGHBORHOOD SHOPPING DESIGNATION TO GET EXPANDED, THERE IS NO ARTERIAL AND THERE IS NO COLLECTOR RODE INTERSECTING ROADS EAST OF THERE.

UNTIL YOU GET TO THE LAZY B WHICH IS IN THE COUNTY ANYWAY.

SO THE CONTEXT OF THAT BEING EXTENDED DOWN IS -- YOU CAN'T.

WHEN THE PUBLIC PUBLIX DEVELOPMENT WAS ORIGINALLY APPROVED, THIS PARTICULAR PARTIAL HAD INDIVIDUAL ACCESS TO MOORES MILL RD. THAT ALIGNED WITH BENBROOK.

IN ORDER FOR THIS DRIVEWAY TO BE PUT IN AT PUBLIX, PER THE CITY REQUIREMENTS, WE WERE REQUIRED FOR THEM TO REMOVE THAT DRIVEWAY AND SHARED ACCESS WITH THIS SITE.

SO FROM THE VERY BEGINNING, LESS PROPERTY WAS ALWAYS GOING TO HAVE TO GET ITS ACCESS THROUGH THE PUBLIX SHOPPING CENTER.

IT ALWAYS HAS. THAT IS THE ONLY WAY THAT IT COULD GET ACCESS, BECAUSE THEY GAVE AWAY THAT RIGHT TO THAT DRIVEWAY TO HAVE CROSS ACCESS WITH THIS.

SO IN REGARDS TO HOW THE PDD AND THE SHOPPING CENTER, THIS OFFICE HAS SHARED ACCESS WITH THE OVERALL SHOPPING CENTER, THAT IS HOW IT IS GETTING ITS ACCESS. TO BE ABLE TO SAY THAT YOU ARE EXTENDING THE SHOPPING CENTER NEXT DOOR AND THAT IT IS INTEGRATED INTO THE SHOPPING CENTER, I JUST DON'T FEEL LIKE IT MEETS THE CONTEXT OF WHAT THE CITY REQUIREMENTS HAVE FOR A

[01:45:04]

SQUARE FEET. THE SAME DEVELOPERS THAT ARE DOING THIS ARE THE SAME ONES THAT DEVELOPED THE GROVE HILL BUSINESS CENTER BETWEEN THE GROVE BAR IN AND THE DAYCARE FACILITY. I THINK YOU CAN LOOK AT THAT AND SEE THE QUALITY OF DEVELOPMENT THAT THEY DO, THE TYPE OF PRODUCTS, THE TYPE OF HIGH-END TENANTS THEY ARE BRINGING IN.

THE THOUGHT OF SOMEBODY SAYING THAT THAT IS AN EYESORE, ONE OF THE NICEST LOOKING OFFICE BUILDINGS, ALONG THE CORRIDOR.

THAT IS THE TYPE OF ARCHITECTURAL CONTINUITY AND HIGH AND STUFF THAT THIS DEVELOPMENT IS PROPOSING.

ONE OF THE OTHER THINGS TALKED ABOUT THE WATERSHED AND WHAT IS GOING TO HAPPEN WITH THIS CREEK OR THIS POND DOWNSTREAM.

YOUR OWN CITY REQUIREMENTS, WE HAVE STORMWATER DETENTION REQUIREMENTS, IN THE LAKE OGLETREE WATERSHED, WE HAVE WATERFALL, WE HAVE SEDIMENT CONTROL ORDINANCES.

ALL OF THIS STUFF IS GOVERNED WHETHER -- WHATEVER YOU ARE BUILDING THERE IS TO PROTECT THAT POND.

THE SAME WATER COMING OFF OF THE SITE IS THE SAME WATER GOING INTO THE LAKE OGLETREE WORK -- LIKE THAT WE ARE PULLING OUR DRINKING WATER. YOU ALREADY HAVE REGULATIONS IN PLACE THAT RESTRICT WHAT WE CAN AND CAN'T DO AND ALSO ADD ADDITIONAL REQUIREMENTS FOR US TO PROVIDE ADDITIONAL WATER QUALITY FOR THE STORMWATER THAT IS RUNNING OFF OF THE SITE.

IN REGARDS TO THE TRAFFIC, WHETHER WE DO THIS DEVELOPMENT OR WE DON'T DO THIS DEVELOPMENT, WE CAN'T CHANGE THE WAY THAT THEIR DRIVEWAY INTERACTS WITH THE STREET.

I THINK WHEN WE WENT THROUGH THIS PREVIOUSLY, I THINK THE CITY ENGINEER MS. FRASER AND HER TEAM, EVALUATED THE SIGHT DISTANCE. THEY DID A SPEED STUDY.

THEY PROVIDED ALL OF THIS DATA TO YOU GUYS IN A MEMO PREVIOUSLY THAT BASICALLY STATED THAT THIS WAS A SAFE CONDITION FOR THIS DRIVEWAY. NOTHING HAS CHANGED BETWEEN NOW AND THEN THAT WOULD CONTRADICT THAT.

ESSENTIALLY, WRAPPING THIS UP, YES, IT IS PRETTY MUCH THE SAME PROPOSAL AS PREVIOUS. WE HAVE TRIED TO SIT DOWN WITH THE NEIGHBORS, TRY TO ADDRESS THEIR CONCERNS, TRIED TO FIGURE OUT IF THERE IS A MIDDLE GROUND, BUT IT IS REALLY KIND OF LIKE AN ALL-OR-NOTHING TYPE THING. SPENT A COUPLE OF TIMES -- A COUPLE OF HOURS WITH THEM TRYING TO COME UP WITH THERE WAS AN AMICABLE SOLUTION ON WHAT WE COULD DO TO POTENTIALLY CHANGE AND THAT KIND OF STUFF. IN REGARDS TO SIZE OF DEVELOPMENT, THIS IS 33,000 SQUARE FEET OF OFFICE.

ESSENTIALLY, THIS DEVELOPMENT IS GOING TO PRODUCE LESS TRIPS COMING OUT OF THIS DRIVEWAY THAN THE 50 UNIT NEIGHBORHOOD ACROSS THE STREET. FROM AN INTENSITY PERSPECTIVE, FROM TRAFFIC, THIS PROBABLY THE BEST USE YOU COULD HAVE THERE.

WE FEEL LIKE THAT THAT USE IS ALSO A NICE STEP DOWN FROM THE BACK OF A SHOPPING CENTER INTO WHATEVER FUTURE HAPPENS TO THE EAST, WHETHER IT STAYS AS PASTURELAND OR WHETHER IT WE DEVELOPS AS SOME FORM OF RESIDENTIAL OR WHATEVER IT DOES.

HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE THEM.

>> SPEAKER: THANK YOU. ANYONE ELSE?

>> SPEAKER: MY NAME IS JULIE MONCRIEF I LIVE AT 1122 BLACKMAN CIRCLE, ALSO IN THE BENBROOK SUBDIVISION.

I DO NONE OF THIS BY TRADE. I AM NOT A DEVELOPER, A BUILDER, A PURCHASER OF LAND. SO ALL OF THIS I HAVE LEARNED IN THE PAST COUPLE OF MONTHS. I FEEL LIKE IT IS BEEN A STEEP LEARNING CURVE AND I AM VERY GRATEFUL FOR THE TIME THAT THE STAFF IS TAKEN EXPLAINING SOMETHING TO ME PERSONALLY, WHICH MEANS A LOT TO. YOU WANT TO BE INVOLVED AS A CITIZEN AND YOU WANT TO UNDERSTAND THE DECISIONS THAT ARE BEING MADE. AND I THINK PROBABLY THAT IS WHERE THE BEGINNING OF THIS BECAME DIFFICULT FOR SOME OF THE MEMBERS OF OUR NEIGHBORHOOD. NOTHING ABOUT PUBLIX, SINCE YOU BEGAN, AND WE LIVED THERE WHEN IT WAS DEVELOPED, FELT LIKE A PLANNED DEVELOPMENT. WE WERE TOLD CERTAIN THINGS COULD HAPPEN IN THAT DEVELOPMENT AND CERTAIN THINGS COULD NOT.

FOR EXAMPLE, THEY WOULD NEVER BE A GAS STATION THERE, WE WERE TOLD. AND THERE IS A GAS STATION.

ON THE FIRST TO ADMIT THAT I USE THAT GAS STATION.

[01:50:02]

BUT OUR HESITANCY ON BRINGING UP QUESTIONS AND POINTS OF CONCERN ARE THAT THIS IS NOT A PLANNED DEVELOPMENT AND I WAS UNDER THE IMPRESSION THAT THE PROPOSAL WAS DENIED BY PLANNING AND ZONING BECAUSE THIS OFFICE SPACE WAS NOT DESIGNED AS AN INTEGRAL PART OF THE MASTER DEVELOPMENT PLAN. SO I THINK WHAT WE HAVE HERE IS A SITUATION OF DEVELOPMENT THAT HAS NOT BEEN PLANNED OUT TO A LOT OF PEOPLE'S UNDERSTANDING. NOW SOME OF THAT IS BECAUSE IT IS NOT WHAT I DO, AND A LOT OF CITIZENS DON'T UNDERSTAND THE INTRICACIES OF ZONING AND DEVELOPMENT.

SO WE DON'T WANT TO GIVE THE IMPRESSION THAT WE ARE ANTIDEVELOPMENT. WE CERTAINLY KNOW THAT PROPERTY IS GOING TO BE DEVELOPED. WE ARE NOT ANTI-THIS DEVELOPER.

WE KNOW THE WORK THAT THEY DO IN THE COMMUNITY AND IT IS BEAUTIFUL. BUT WE DO HAVE SIGNIFICANT CONCERNS AND BECAUSE IT IS NOT A PART OF THAT MASTER DEVELOPMENT, WE DON'T NECESSARILY FEEL LIKE WE HAVE AN UNDERSTANDING OF WHAT ALL WILL TAKE PLACE IN REGARDS TO SAFETY.

AS THE TRAFFIC INCREASES, IN A COMMERCIAL DEVELOPMENT, WHICH IS GOING TO BRING AN INCREASE IN NUMBER OF CARS, WE CAN ARGUE HOW MANY IT MAY BE AND THE TIME CONCENTRATION OF THOSE CARS -- BUT WE KNOW THAT AN INCREASE IN TRAFFIC BRINGS AN INCREASE IN SAFETY CONCERNS. I THINK THAT IS THE NUMBER ONE CONCERN THAT A LOT OF RESIDENTS HAVE, ALONG WITH JUST -- I FEEL LIKE WE'RE GOING TO WAIT FOR A PROBLEM TO ARISE AND THEN WE WILL HAVE TO COME BACK BEFORE YOU TO ADDRESS IT.

UNLIKE THE DEVELOPMENT YOU JUST MENTIONED BEFORE, WE -- WERE A LOT OF THESE THINGS HAVE BEEN THOUGHT OUT.

I UNDERSTAND THAT THAT IS A LOT LARGER DEVELOPMENT AND IT IS A DIFFERENT SITUATION, BUT WE FEEL LIKE THE SAFETY NEEDS ARE NOT GOING TO BE ADDRESSED UNTIL THEY BECOME A PROBLEM.

THOSE ARE JUST SOME OF THE THINGS WE ARE CONCERNED ABOUT.

THANK YOU FOR YOUR TIME. >> SPEAKER: THANK YOU, MS. MONCRIEF. WHO WILL BE NEXT?

>> SPEAKER: THANK YOU FOR YOUR TIME.

JAY TOLAN, 2264 PAM CIRCLE. I JUST WANTED TO SPEAK TO A COUPLE OF THINGS. ONE IN PARTICULAR, I THINK BRETT WAS TRYING TO GET ACROSS, THE POINT ABOUT THE BEST-CASE SCENARIO TO AVOID FUTURE EXPANSION DOWNED MOORES MILL RD.'S TO APPROVE THIS PROJECT. YOU'RE PROBABLY ASKING, HOW CAN THAT BE PROJECT -- POSSIBLE BECAUSE OF ALL ALL WE HAVE BEEN TOLD US THERE IS A LOT OF MISINFORMATION.

BY PROVING THIS PROJECT TO OPEN IT UP FOR EXPANSION.

THE REASON THAT THIS PDD IS EVEN POSSIBLE IS BECAUSE WE HAVE CROSS ACCESS WITH PUBLIX. THE CROSS ACCESS IS OUR SHARED DRIVE WITH PUBLIX. IF THIS PROJECT IS APPROVED, THEN THAT CROSS ACCESS DIES WITH THIS PROJECT, OR IT IS DONE WITH THIS PROJECT. IF THIS PROJECT IS NOT APPROVED AND THIS PROPERTY IS SOLD ON WITH THE NEIGHBORING PROPERTY AT SOME POINT TO A LARGER DEVELOPER, THEN THAT OTHER PROPERTY COULD JOIN THIS PROPERTY, USE THAT CROSS ACCESS AS THE ARGUMENT FOR THE PDD, AND HENCE COMMERCIAL SHOPPING CENTER. I JUST WANTED TO POINT THAT OUT BECAUSE I THINK THAT HAS BEEN MISUNDERSTOOD THAT THE BEST THING THAT COULD HAPPEN TO AVOID FUTURE EXPANSION OF A TARGET SHOPPING CENTER OR WHATEVER THE SCARY THINGS WE ARE HEARING THAT ARE NOT ACTUALLY GOING TO HAPPEN BECAUSE ACCOUNTS WOULD NEVER APPROVE THEM, THE BEST WAY TO AVOID THAT IT WOULD PROVE THIS PROJECT AND THAT ENDS THE CROSS ACCESS WITH THIS PROJECT.

I ALSO JUST WANT TO SAY, AND I APPRECIATE MS. MONCRIEF NOTICING THAT, ONE THING WE HAVE DONE WITH TD DEVELOPMENT AND TOLAN CONSTRUCTIONS REALLY PUT A LOT OF TIME AND A LOT OF MONEY AND ENERGY INTO MAKING SURE THAT EVERYTHING THAT WE BUILD A DEVELOPMENT IN THIS AREA IS FIRST CLASS.

IN NO WAY WE ARE DOING WILL BE AN EYESORE OR DO ANYTHING BUT ADD VALUE TO NOT ONLY THE COMMUNITY BUT THE NEIGHBORHOOD AS A WHOLE. THANK YOU.

>> SPEAKER: THANK YOU, MR. TOLAN.

ANYONE ELSE LIKE TO ADDRESS THE COUNCIL?

>> SPEAKER: I'M ROB DIBENEDETTO, 2667 DANBURY DRIVE AUBURN, ALABAMA. I AM AN OWNER WITH JAY ALONG WITH MY WIFE JERRY DIBENEDETTO AND JERRY AND I ARE PRODUCTS OF AUBURN WHO WENT AUBURN HIGH SCHOOL SO WE'VE GROWN UP HERE.

SHE MOVED HERE IN 1972 AND I MOVED HERE 1976.

WE HAVE RAISED OUR FAMILY HERE AS WELL.

THERE WAS A COUPLE OF THINGS THAT WERE STATED THERE WERE JUST NOT CORRECT. FIRST OF ALL, THIS IS NOT GOING TO BE AN EYESORE. ANYTHING THAT WE DO WE DO IT WITH THE EXPECTATION TO IMPROVE THE IMAGE OF AUBURN.

THE CITY OF AUBURN. THE MOST RECENT IS GH BUSINESS CENTER AND WHAT WE DID WITH THAT.

BY DOING THAT, WHAT WE WERE ABLE TO DO IS WE WERE ABLE TO ACCOMMODATE SOME RECRUITMENT FROM MONTGOMERY ALABAMA AND

[01:55:04]

ANOTHER ONE THAT WE BROUGHT IN IS AN ACCOUNTING FIRM THAT IS UPSTAIRS THAT HAS COME IN TO CHOR NG'S AND INGRAM THAT IS MOVED SOME OF THEIR -- THE OWNERS SON IS BUILDING OUT HIS TEAM HERE IN AUBURN IN THE SECOND FLOOR.

AND THEN WE ALSO HAVE A COUPLE OF OTHER SMALLER COMPANIES THAT ARE ADDING AND EXPECTING TO EXPAND INTO AUBURN COMMUNITY, HOME HEALTH PROVIDER AND ALSO A BEHAVIORAL HEALTH PROVIDER.

ADDITIONALLY, LYNN HAS BROUGHT A COUPLE OF HER FRIENDS OVER THAT WANT TO MOVE THEIR BUSINESSES FROM MONTGOMERY TO AUBURN THAT WOULD MAKE A HUGE IMPACT. THESE ARE NOT BIG-BOX BUSINESSES. THAT'S ONE THING I ALSO WANTED TO MENTION IS THAT WE ARE NOT INTERESTED IN BRINGING IN A BIG BOX. WE DON'T LIKE TO WORK WITH A BIG BOX CUSTOMER. WE LIKE TO WORK WITH SMALL ENTREPRENEURIAL BUSINESSES THAT WE ACTUALLY BUILDOUT THEIR NEEDS FOR THEM DIRECTLY THROUGH THE BUILDOUT PROCESS.

AND AGAIN, THAT CREATES A PARTNERSHIP THAT THEY ARE VERY MUCH -- AND LYNN AND JOHN CAN SPEAK TO THIS IF THEY WANT TO COME UP. WE ARE VERY MUCH -- WE MAKE A COMMITMENT TO OUR CUSTOMERS AND WE FOLLOW THROUGH WITH THAT AND IT CAUSES A VERY STICKY SITUATION AS FAR AS THE RELATIONSHIP IN THAT BUSINESS RELATIONSHIP.

IT CREATES A GREAT OPPORTUNITY THAT WE BRING IN GREAT COMPANIES THAT THEN EXPAND OUT AND THEY CREATE A LOT OF GREAT EMPLOYMENT OPPORTUNITIES FOR THE AREA, AND THAT PUTS BACK INTO THE SYSTEM SO THAT WE CAN PUT MONEY IN TO FURTHER GROW OUT OUR EDUCATION SYSTEM, OUR PUBLIC SAFETY SYSTEM , OUT OTHER SYSTEMS. THAT IS A WAY THAT WE GO ABOUT, WE CREATE A TOP-NOTCH PRODUCT, BRING IN TOP-NOTCH EMPLOYERS, THAT CAN CREATE A VERY ROBUST ECONOMIC SITUATION. FROM A SAFETY STANDPOINT, I THINK JAY TOUCHED ON THAT, BUT AGAIN, REMEMBER, WE ARE GOING TO BE USING -- WILL BE GOING INTO EXISTING PARKING LOT THAT EXISTS TODAY THAT HAS FOUR CURB CUTS. NOT ONE, BUT IT HAS ACCESS TO FOUR CURB CUTS, THREE OF THEM MOORES MILL RD. AND ONE OF THEM ON TO OGLETREE -- HAMILTON RD. THAT AGAIN, IT IS NOT JUST THAT ONE CURB CUT THAT THEY ARE GOING TO HAVE TO BE ABLE TO COME IN AND OUT OF, BUT THEY WILL HAVE ACCESS.

A LOT OF THEM WILL PROBABLY GO IN AND OUT AND SHOP AT PUBLIX.

THE LAST POINT THAT I WANT TO MAKE IS THAT WE TALKED TO SOME OF THE MEMBERS AND WE ARE WILLING TO DO WHATEVER WE CAN FROM A SAFETY SIGNAGE STANDPOINT ON OUR PROPERTY THAT WE ARE WILLING TO WORK WITH THE CITY ON WHAT WE CAN CONTROL IN OUR PROPERTY. THE CURB CUTS WE HAVE NO CONTROL OVER THOSE. THOSE ARE OWNED AND CONTROLLED BY PUBLIX. AGAIN, THAT IS SOMETHING THAT MAYBE YOU GUYS MAY NOT REALIZE, BUT THAT IS SOMETHING THAT WE CAN CONTROL ONLY WHAT WE CAN CONTROL ON OUR PROPERTY, BUT WE ARE WILLING TO DO WHAT WE CAN TO PROMOTE PROPER SAFETY IN AND OUT OF OUR PROPERTY INTO THAT PARKING LOT.

>> SPEAKER: THANK YOU. YES, SIR? YOUR FORMER PREACHER, I MIGHT WANT TO PUT TIMER ON YOU.

(LAUGHTER). >> SPEAKER: I WAS DELIGHTED TO HEAR YOU SAY, MAYOR, THAT YOU AND FORMER FOOTBALL PLAYERS AT AUBURN. I GRADUATED FROM OPA LOCKA HIGH SCHOOL I'M GLAD THAT SOME AUBURN PLAYERS ARE READING BOOKS.

(LAUGHTER) >> SPEAKER: COME ON NOW!

>> SPEAKER: WE HAVE BEEN READING A LOT TOO.

I'M JOHN ED MATHESON I'M ONE OF THESE NEW PERSONS THAT HAS JUST COME. I GREW UP IN OPELIKA.

WE USED TO COME TO AUBURN. THE GIRLS WERE PRETTIER IN AUBURN THAN IN OPELIKA AND I JUST NOTICED SINCE THE '50S WHEN I WAS HERE, THINGS HAVE CHANGED.

IN AUBURN, A LOT. IT IS GOING TO CONTINUE TO CHANGE. MY WIFE HAS A MARVELOUS BUSINESS THERE ON MOORES MILL RD., HAS A PRODUCT OF THIS, IF YOU WANT TO SELL FIRST-CLASS OPERATION, A BEAUTIFUL BUILDING, AND THE KIND OF CLIENTS THAT ARE ATTRACTED. I DON'T KNOW ALL OF THE PAST OF THIS. I'M NEW HERE.

I DON'T KNOW THE PAST, I DON'T KNOW ALL OF THE TECHNICAL PARTS OF IT. I DO KNOW THAT WHATEVER -- IF

[02:00:04]

I WOULD SAY IT WAS NEXT TO COACH PEARLS PLACE.

THE FOLKS WHO KNOW THAT BETTER THAN THE OTHER TWO LOCATIONS.

IT IS A BEAUTIFUL BUILDING AND I THINK IF YOU GO TO LOOK AT PROGRESS, CHANGE, WHERE WE ARE GOING IN THE FUTURE, YOU COULDN'T HAVE A BETTER KIND OF BUSINESS THEN YOU CAN SEE DUPLICATED THERE. I WOULD JUST ENCOURAGE YOU TO CONSIDER GIVING THE RIGHT OF WAY TO DO THIS.

THANK YOU. >> SPEAKER: THANK YOU, MR. MATHESON. WHO WILL BE NEXT? WE WILL CLOSE THE PUBLIC HEARING.

COMMENTS OR QUESTIONS FROM THE COUNCIL?

>> SPEAKER: I DO HAVE A QUESTION ABOUT THAT SECTION OF MOORES MILL RD. WHAT ARE WE LOOKING AT TO MITIGATE THE TRAFFIC WOES ON THAT ROAD REGARDLESS OF WHAT IS

DEVELOPED THERE? >> SPEAKER: ARE YOU REALLY REFERRING TO THE ROOTS OR THE SECTION?

>> SPEAKER: THAT SECTION, BUT ALSO -- THERE IS A GREAT DEAL OF TRAFFIC THAT COMES FROM THE SOUTH SIDE.

>> SPEAKER: WILL HAVE CITY ENGINEER FRASER GO OVER IT A COUPLE OF THINGS BEFORE SHE SPEAKS.

I'M SAYING, BEFORE YOU SPEAK ENGINEER.

A COUPLE OF THINGS. TRAFFIC PICKS UP TREMENDOUSLY AT THE OGLETREE HAMILTON RD. INTERSECTION.

I'M NOT SAYING THERE IS NOT A LOT OF TRAFFIC AND THE FOLLOW-ON SECTION, BUT YOU GET A LOT OF PEOPLE COMING FROM OPELIKA OR THE INTERSTATE THAT TRAVERSE HAMILTON RD.

I REMIND YOU AS PART OF THE AC CHURCH THERE WILL BE A RIGHT TURN LANE INSTALLED ON HAMILTON RD. AND MULTIDIRECTIONAL TURN LANES. THE REASON I SPEAK TO THAT IS THE TRAFFIC SIGNAL AT OGLETREE/HAMILTON AND MOORES MILL RD., TIMING IS EXPECTED TO CHANGE ON THAT IN THE COMING MONTHS AS THAT TURN LANE GETS IN.

IT IS CARRYING A HIGH VOLUME OF TRAFFIC.

IT WILL RELEASE SOME THINGS ON MOORES MILL RD. AND THAT IS WHY I AM NOW SPEAKING A LITTLE ENGINEER MYSELF.

I GUESS I AM A WANT TO BE ENGINEER TONIGHT.

AT THE END OF THE DAY, THERE IS TRAFFIC THERE.

IT IS RELATIVE TO THE PEAK HOUR. IN TERMS OF THIS SPECIFIC AREA AND ANY PLANS OF THE CITY HAS OTHER THAN WITH THE DEVELOPMENT, DO I UNDERSTAND THE LEFT TURN OR THE MULTIDIRECTIONAL TURN LANES IN THE MIDDLE OF THE ROAD, THAT REMAINS AS IS? GOES TO THIS DRIVEWAY. WILL THERE BE A RIGHT TURN DECELERATION LANE AS PART OF THIS DEVELOPMENT INTO THAT DRIVEWAY OR NOTHING CHANGES ABOUT THAT?

>> SPEAKER: YES. IF I REMEMBER CORRECTLY, FROM THE ORIGINAL SITE PLAN, IT WILL BE A RIGHT TURN DECELERATION LANE INTO THIS DEVELOPMENT AS WELL AS A LEFT TURN LANE.

IT IS A LITTLE BIT WIDE AS YOU APPROACH THAT SERVICE TRIED BUT I THINK THEY NEED TO WIDEN IT A BIT MORE TO ACCOMMODATE THE LEFT

TURN LANE. >> SPEAKER: THE CITY DOESN'T HAVE ANY OTHER IMPROVEMENTS PLANNED AT THIS TIME TO MOORES MILL RD. IN TERMS OF ANY FURTHER WIDENING OF INTERSECTIONS.

THE REASON I MENTION THE HAMILTON IMPROVEMENTS IS THAT IS AT THE INTERSECTION BUT HEADED IN A DIFFERENT DIRECTION.

>> SPEAKER: BUT IT IS SOMETHING WE KEEP ON OUR RADAR. BUT THE CITY MANAGER LIVES IN THAT AREA SO WE KEEP A CLOSE EYE ON IT TO

MAKE SURE. >> SPEAKER: ALL OF THESE PEOPLE DRIVE PAST ME. I TRAVERSE MOORES MILL RD.

THE DIFFERENCE IN MY SECTION TO THIS ONE, ACKNOWLEDGES THE MULTIDIRECTIONAL TURN LANE DOES ALLOW PEOPLE ON THE CITY ENGINEER DOESN'T CARE FOR THIS BUT TO GET IN THERE AND WAIT FOR TRAFFIC TO PASS BY WHILE WE GO. AS ACKNOWLEDGED IN THE SAME QUESTION WE HAD ABOUT DONAHUE EARLIER, THAT ROAD CARRIES A HIGHER VOLUME THAN YOU THINK. IT IS NOT A VOLUME PROBLEM BECAUSE OF PEAK HOUR PROBLEM AND THE NEIGHBORHOOD AS ACKNOWLEDGED WOULD HAVE CHALLENGES GETTING IN AND OUT.

THIS IS NOT THE FAULT OF ANYONE THAT LIVES IN THE SUBDIVISION, BUT IT'S ALSO WHY STAFF IS STAUNCH ON CONNECTIVITY TO ADJACENT SUBDIVISIONS WHEN WE HAVE A ONE WAY IN AND ONE WAY OUT OF A SUBDIVISION. IT'S VERY CHALLENGING FOR THE PEOPLE WHO LIVE THERE IN THE LONG TERM AND AGAIN THEY DID NOT DEVELOP DEVELOPMENT. THAT IS NOT IT.

IT CREATES ITS CHALLENGES AND THE REASON EASTLAKE IS ABLE TO TRAVERSE DIFFERENTLY IS THAT IN TERMS OF GOING BACK -- I WOULD LIKE CITY ENGINEER FRAZIER, BECAUSE THERE HAVE BEEN SOME QUESTIONS -- TO RESPOND A LITTLE BIT TO WHERE WE WERE WITH DOING A SPEED STUDY. WE DID THAT AND I THINK IT WAS AUGUST/SEPTEMBER TIME FRAME OF 2020.

AND KIND OF WHERE SHE SITS WITH THE VALIDITY OF THAT IN SOME CONVERSATION SHE IS HAD WITH THE DEVELOPERS.

A NUMBER OF YOU HAVE HAD QUESTIONS ABOUT WHERE THAT LIES WITH COVID AND TRAFFIC STUDIES AND WHAT HAVE WE LOOKED AT, JUST TO GIVE YOU THAT INFORMATION. ALLISON?

[02:05:01]

>> SPEAKER: I THINK YOU CLARIFY WE DID THE ORIGINAL SPEED STUDY IN 2018 WHEN THE DEVELOPMENT FIRST CAME IN.

>> SPEAKER: NO. 2020.

>> SPEAKER: SORRY. THAT'S WHAT I HAVE.

I NEED TO READ WHAT'S ON MY PAPER.

2020 IS WHEN WE DID THE SPEED STUDY.

WE ALSO DID THE SITE DISTANCE ANALYSIS IN 2020 AND AT THAT TIME ALL OF THE CONDITIONS MET OUR STANDARDS.

>> SPEAKER: MR. BASQUIN HAS ALSO AT THE REQUEST OF THE CITY THERE WOULD BE A TRAFFIC STUDY FOR THIS OR A TRAFFIC LETTER.

THAT WAS PERFORMED. >> SPEAKER: THERE WAS A TRAFFIC STUDY DONE FOR THIS EVEN THOUGH THIS DEVELOPMENT TECHNICALLY DOES NOT NEED -- MEET OUR THRESHOLD FOR TRAFFIC STUDIES.

WE LOOKED AT A TRAFFIC STUDY AND MADE SOME ADJUSTMENTS AFTER THAT FOR COVID AND NO IMPROVEMENTS WERE WARRANTED BASED ON THE

ANALYSIS. >> SPEAKER: TO ULTIMATELY IN MOVING FORWARD, DEPENDING ON WHAT YOU DECIDE, BUT IF THE DEVELOPMENT WERE TO MOVE FORWARD AND IMPROVEMENTS WERE WARRANTED AT A LATER DATE, LIKE YOU SEE THROUGHOUT THE CITY, WOULD ULTIMATELY FALL TO THE CITY TO MAKE THOSE IMPROVEMENTS.

>> SPEAKER: MEGAN, I HAVE A QUESTION.

I HAVE TONS OF NOTES ON MY PAGE SO I MAY ADDRESS SOME THINGS TOO. MR. TOLAN BROUGHT UP HOW THE CROSS ACCESS DYES. CAN YOU KIND OF SPEAK ON THAT OR MAYBE SOMEONE FROM STAFF SPEAK ON THAT AND EXPLAIN HOW THAT

DO -- HAVE EXPLAINED IT. >> SPEAKER: IN YOUR PACKETS DOES NOT SHOW ANY CROSS ACCESS TO THE ADJACENT PARCEL, BUT I BELIEVE THERE IS A SMALL STREAM THERE AS WELL.

AM I WRONG ABOUT THAT, MR. BASQUIN? WE CALL IT -- WE WILL GO AND SAY IT IS SOUTHEAST HEADING DOWNS MOORES MILL RD. AND ASSERT THE CURVE AROUND.

AS YOU ARE HEADING AWAY TOWARD THE LAZY B, THAT END OF THE PROPERTY THERE IS NO CONNECTIVITY SHOWN ON THE SITE PLAN. I DON'T THINK STAFF IS REQUIRING ANY CONNECTIVITY TO THE ADJACENT PARCEL.

THERE IS ALSO A SMALL STREAM THERE THAT WOULD HAVE TO BE CROSSED AND DEALT WITH FROM A CORE PERSPECTIVE.

>> SPEAKER: THE MORE YOU MOVE SOUTHEAST -- WHAT REALLY ARE THE ODDS OF SOMETHING ELSE CONNECTING TO THIS PROPERTY THAT WOULD BE COMMERCIAL? MR. TOLAN SAID THAT IT CAME

AFTER HIM. >> SPEAKER: THERE ARE A COUPLE OF THINGS THAT PLAY. I WILL HAVE OUR PLANNING DIRECTOR WAY IN AND JUST A SECOND.

ONE OF THE DISCUSSIONS I HAD WITH THE RESIDENT YOU HEARD FROM EARLIER IS A STAFF CAN'T ANTICIPATE WHAT ANYONE IS GOING TO BRING IN AN APPLICATION. YOU ARE WELL AWARE OF THAT.

THAT STATEMENT FROM ME HAS TO DO WITH WHY WE CANNOT ANTICIPATE WHAT WILL HAPPEN IN THE FUTURE. LAND USE PLAN A SHOWING THAT AS A RULE, YOU DEFINITELY ALWAYS HAVE PROPERTY OWNERSHIP THINGS CHANGE OVER A PERIOD OF TIME. BUT MISSED HER FOOT HAS A RECOMMENDATION THAT IS IN A STAFF, IT IS ALSO MAXING THIS OUT AT HUNDRED 25,000 SQUARE FEET.

AND ONE OF THE THINGS, EVEN IF YOU PUT THAT IN THERE, THERE IS NOTHING THAT KEEPS SOMEONE -- THIS IS TO THE NEIGHBORHOOD'S POINT -- OF ASKING THEM THAT IT BE MODIFIED IN THE FUTURE.

THAT IS WHAT WE CAN'T HEDGE AGAINST, EVEN TO THE COMP PLAN OF THIS COMPETITIVE PLAN. IT WAS ADOPTED IN 2011 AND OUR FIRST FIVE-YEAR UPDATE WAS DELAYED.

THIS BODY FIRST MET WITH THE PLANNING COMMISSION ABOUT IT IN LATE 2017 AND ENDED UP BEING ADOPTED IN EARLY 2018.

WHAT THAT MEANS IS WE ARE LOOKING AT A FIVE-YEAR UPDATE THAT IS KIND OF FROM FIVE YEARS FROM 2018 BECAUSE IT TOOK A WHILE. I ANTICIPATE IN THE NEXT YEAR OR SO WE WILL BE BEGINNING THE PROCESS AND STARTING TO COME TO YOU. THERE ARE ASPECTS OF CHANGE IN THE AREA BUT IN TERMS OF A GUARANTEE FROM STAFF OR ANY WAY OTHERWISE TO SAY SOMEBODY WON'T COME IN AND REQUEST A CHANGE, AND I BELIEVE I WAS UNDERSTANDING WHAT THE NEIGHBORHOOD WAS SAYING, THERE ARE NO GUARANTEES WITH THAT.

ZONING ORDINANCE HAS ADJACENT PROPERTY THAT IS RULED BY PEOPLE WILL HAVE A RIGHT TO ASK FOR THAT TO CHANGE.

IN TERMS OF ITS ABILITY TO CONNECT TO THIS PIECE OF IT, THIS IS A COMPLICATED ZONING ISSUE.

YOU CANNOT HAVE IN CERTAIN ZONES SHOPPING CENTERS.

YOU HEARD THIS IN THE LIMITED DEVELOPMENT DISTRICT IT HAS TO BE A NEIGHBORHOOD SHOPPING CENTER OR PART OF A PLAN TO DEVELOP A DISTRICT. AND ULTIMATELY THE CHOICE WILL RESIDE WITH WHATEVER COUNCIL SITTING AT THE TIME SHOULD SUCH A REQUEST BE MADE. BUT I DON'T SEE WITHOUT MAJOR CHANGES. YOU CAN DESIGN ANYTHING THAT AN ADJACENT PROPERTY CAN TIED TO THIS AT ANY TIME SOON.

WITHOUT A MAJOR EFFORT AND ALSO WITHOUT MAJOR COOPERATION OF THE ADJOINING PROPERTY OWNERS. THE CITY AT THIS STAGE IS NOT REQUIRING ANY SUCH CONDUCTIVITY, WHICH IS UNUSUAL FOR US BUT THERE IS A REASON THE PART OF THAT IS THE LAND USE PLAN AS IT

SITS TODAY. >> SPEAKER: THIS IS SOMETHING THAT HAS BEEN -- I HAVE HAD MANY, MANY SLEEPLESS NIGHTS OVER THIS. A YEAR AGO AND THEN THIS BEING

[02:10:02]

I WANT TO LET THE NEIGHBORS, THE PEOPLE THAT LIVE IN BENBROOK, KNOW THAT I HAVE HEARD AND READ EVERY E-MAIL THAT YOU GUYS HAVE SENT ME. THIS IS A VERY DIFFICULT DECISION, BUT AS PROBABLY THE ENTIRE TOWN KNOWS, I'M VERY STRONG ON PROPERTY RIGHTS. IT IS VERY HARD FOR ME TO NOT ALLOW THE PROPERTY OWNER TO DO WHAT THEY WANT WITH THEIR PROPERTY. I KNOW YEAR AGO I VOTED DIFFERENTLY. I HAVE LEARNED A LOT IN THE PAST YEAR AND I HAVE FELT A LOT OF GUILT OVER THAT VOTE.

I HEAR THE CONCERNS OF SAFETY, AND THAT IS THE BIGGEST THING THAT HAS KIND OF -- THAT BROUGHT ME OVER TO YOUR SIDE LAST YEAR.

I THOUGHT A LOT ABOUT IT OVER THE PAST FEW WEEKS AND MONTHS OR SO. YOU GUYS PROBABLY AREN'T GOING TO LIKE WHAT I HAD HAVE TO SAY, BUT DRIVING IS A PRIVILEGE, IT IS NOT A RIGHT. WE HAVE TO GET A DRIVER'S LICENSE TO DRIVE. WE HAVE TO TAKE AN EXAM.

WE HAVE TO FOLLOW THE RULES OF THE ROAD.

WE GET CITATIONS. IT IS REALLY UP -- YOU HAVE TO BE CAREFUL IN A CAR. CARS ARE DANGEROUS.

DANGEROUS MACHINES. WHICHEVER WAY THIS GOES, I DON'T KNOW. IT COULD TURN THE SAME WAY YOU DID LAST YEAR OR MAYBE IT CHANGES THIS YEAR.

I'M NOT SURE. I JUST WANT Y'ALL TO KNOW THAT I HAVE GIVEN A LOT OF THOUGHT INTO THIS AND I AM CHANGING MY VOTE FROM LAST YEAR TO SUPPORT THE DEVELOPER.

I'M SORRY THAT I'M PROBABLY UPSETTING HALF OF THE ROOM.

>> SPEAKER: ANY OTHER COMMENTS OR QUESTIONS FROM THE COUNCIL?

ANYBODY HAVE A QUESTION? >> SPEAKER: MAYOR, I WOULD LIKE TO SAY THAT I APPRECIATE WHAT MR. DID A BIT OF DOES FOR THE COMMUNITY. I THINK HE DOES EXCELLENT WORK.

I AM IMPRESSED BY WHAT HE DOES. BUT HOWEVER I COMMITTED A NO VOTE ON THIS A YEAR AGO AND NO MATTER HOW MUCH I LIKE WHAT YOU ARE DOING, YOU AND MR. TOLD THEM BOTH, I SIMPLY CANNOT GO BACK ON MY WORD AND ONCE I GIVE MY WORD AND TELL YOU I WILL DO SOMETHING I WILL DO IT. NO MATTER HOW MUCH IT MAY HURT ME IN THE LONG RUN, THAT'S THE REASON I AM VOTING AGAINST IT TONIGHT IS BECAUSE I GAVE MY WORD A LONG TIME AGO AND I JUST

GOT TO STICK TO IT. >> SPEAKER: ANY OF THE COMMENTS OR QUESTIONS FROM THE COUNCIL? MS. CROUCH, MS. MONCRIEF BROUGHT UP THE IDEA OF IN THE FUTURE AS THINGS MAY BE ARE ELEVATED FROM A TRAFFIC SITUATION OUT THERE, WHAT TRIGGERS US TO REEVALUATE ANY TYPE OF MITIGATION EFFORTS WHETHER IT'S RELATED TO TRAFFIC

OR SAFETY? >> SPEAKER: THERE IS A NUMBER OF FACTORS, AS YOU SAW REVIEWED ACCIDENT DATA ON A DAILY BASIS.

WHAT I MEAN IS, ACCIDENTS HAPPEN ALL OVER THE CITY.

THE TRAFFIC ENGINEER GETS THOSE REPORTS, AND THAT MAYBE SOMETHING ARE UNAWARE OF. ENGINEERING SERVICES IS KEEPING CLOSE TABS. SOMETIME SIGNAL THAT WE NEED TO CHANGE SOMETHING ABOUT THE FUNCTIONALITY OF AN AREA OR CHANGE THINGS. IN TERMS OF A FULL REEVALUATION, ALLISON, HOW LONG DO WE DO A CITYWIDE TRAFFIC EVALUATION?

>> SPEAKER: EVEN DEWICH USUALLY EVERY TEN YEARS.

>> SPEAKER: WE COMPETED THAT IN , HE PRESENTED THAT IN MAY OF 2019 ABOUT THE TIME WE PRESENTED THAT.

WHILE WE ARE NOT THERE YET AND WE MAY CHANGE THAT SCHEDULE, IT IS ALSO BASED ON DEVELOPMENT IN THE AREA.

WE HAVE HEARD MUCH ABOUT TONIGHT OTHER CONDITIONS AND CONCERNS FROM CITIZENS, CONCERNS FROM COUNCILMEMBERS.

THIS TIME AS WE MENTIONED WE ARE NOT UNDERTAKING A RESTUDY OF THIS. IT WOULD BE A VERY LONG TIME IF EVER IF THE TRAFFIC SIGNAL WARRANTED AT THIS LOCATION, JUST BECAUSE WHAT WE CALL SIDE STREET VOLUME, THE VOLUME COMING OUT OF BENBROOK NEIGHBORHOOD AND THE VOLUME AT THIS TIME, COMING OUT OF THE DRIVEWAY KNOWN AS THE SERVICE DRIVE, NOT WORN TO THE TRAFFIC SIGNAL IN ANY WAY, SHAPE OR FORM.

YOU HAVE STRONG CONDITIONED UP IN DOOR THIS CORRIDOR.

ROCK FENCE ROAD IS A HOT BUTTON ISSUE AND I KNOW COUNCIL MEMBER HOVE HE HEARS A LOT ABOUT IT AND POSSIBLY COUNCIL MEMBER DIXON.

WE HAVE OTHER MEMBERS -- PLACES AND WE DO STUDY THOSE.

WOULD LOOK AT DATA AND SO ON AND WE WILL CONTINUE TO LOOK AT IT.

[02:15:02]

>> SPEAKER: WE HAD A NUMBER OF RESIDENTS SPOKE TO CONCERNS OVER THE POND AND THE WATER QUALITY OUT THERE.

MR. BASQUIN MADE SOME COMMENTS RELATED TO THAT.

WHAT KIND OF CERTAINTY CAN WE GET THE CITIZENS FROM A MUNICIPAL CITY LEVEL THAT WE ARE GOING TO BE KEEPING OUR EYE ON

THAT AS WELL? >> SPEAKER: LET'S SEE.

WE HAVE MR. CARSON. DO YOU WANT TO SPEAK TO THAT OR CITY ENGINEER FRAZIER? WATER QUALITY FALLS UNDER WATER

RESOURCE MANAGEMENT. >> SPEAKER: WE HAVE THE DESIGN MANUAL THAT HAS THE WATERSHED -- STREAM BUFFERS AND WE WILL MAKE SURE THOSE ARE MAINTAINED AND WE WILL VIGOROUSLY ENFORCE EROSION CONTROL MEASURES. THERE WILL BE AT PLANTS EMITTED IN A MEETING WITH THE DEVELOPER CONTRACTOR ON SITE BEFORE ANYTHING HAPPENS TO ENSURE THEY UNDERSTAND THE RULES OF THE

ROAD. >> SPEAKER: AND THAT IS ONGOING, MR. CARSON. WE ARE KEEPING AN EYE ON THAT

EVERYWHERE. >> SPEAKER: IT DOES.

BUT I THINK THERE ALWAYS NEEDS TO BE ACKNOWLEDGMENT THAT WHEN IT RAINS IN AUBURN, YOU WILL HAVE RED CLAY IN A NUMBER OF WATER SOURCES, MEANING IT WILL WASH OFF FROM PEOPLE'S YARDS.

AND WASHES EVERYWHERE. THE NOTION THAT EVEN WITH THE WATER QUALITY PONDS THEY ALSO HAVE TO DECIDE IT A BIT DIFFERENTLY. THERE ARE WAYS IN WHICH WATER QUALITY WHEN YOU ARE DEALING WITH THAT AND NOT SPEAKING ENGINEERING AGAIN, IT IS MORE THE IT IS SUPPOSED TO FILTER SOME OF THAT OUT BEFORE IT GETS FURTHER DOWN THE STREAM TO IMPROVE WATER QUALITY AS IT LEAVES THAT AREA.

IT IS CHALLENGING TO UNDERSTAND, BUT I ALSO DON'T WANT ANYONE LEAVING HERE THINKING THE CITY SAID WE HAVE A DESIGN MANUAL AND EVERYTHING WILL BE PERFECT. WE RELY HEAVILY ON THE DEVELOPER TO DO WHAT THEY ARE SUPPOSED TO DO AND EVEN THE BEST OF CONDITIONS, IF WE GET A 50 OR 100 YEAR REIGN, THERE ARE TIMES STUFF HAPPENS, PARTICULARLY DURING CONSTRUCTION.

ONCE THE SITE IS FULLY STABILIZED AND OCCUPIED, IT TENDS TO IMPROVE AS LONG AS WE DON'T SEE BIG EROSION AND LANDSCAPING AREAS. MR. CARSON'S STAFF KEEPS AN EYE ON THAT AND YOU CAN WATCH DEVELOPERS AND ENGINEERS IN THE ROOM NOD THEIR HEADS. WE ARE VERY TOUGH ON EROSION CONTROL ENFORCEMENT AND SOME OF YOU HEAR ABOUT THAT AT TIMES.

WOULD DO IF YOU CITATIONS, WE COULD SHUT CONSTRUCTION SITES DOWN. THAT HAS HAPPENED.

IT'S NOT OUR INTENT BUT OUR CITIZENS ARE VERY CLEAR IN WHAT THEIR EXPECTATIONS ARE, AS IS THE CITY COUNCIL AND WE DO OUR

BEST TO ENFORCE THAT. >> SPEAKER: THANK YOU, MR. CARSON. MS. CROUCH, IT WAS SURPRISE MADE A COMMENT THAT MAYBE THE CLEANUP CREW AT THE SHOPPING CENTER IS BLOWING TRASH INTO THE ROADWAY AND THE SIDE OF THE ROAD.

IS THAT SOMETHING WE CAN POSSIBLY CHECK INTO AND MAKE SURE THAT WE CAN STOP THAT IF THAT IS IN FACT HAPPENING? DO WE HAVE THE ABILITY TO DO THAT?

>> SPEAKER: IS A BIG ASK. WE CERTAINLY ARE HAPPY TO REACH OUT AND MAKE CONTACT. WE DID IS MY UNDERSTANDING AND DAN BALLARD IS HERE HE IS OUR INTERIM PUBLIC WORKS DIRECTOR.

WE HAD A CREW OUT THE RECENTLY BASED ON CONCERNS FROM THE NEIGHBORHOOD. PUBLIC WORKS HANDLES ARE THEIR COLLECTION BUT THEY DO NOT HANDLE GENERAL TO THE TRASH BUT WE HAVE HAD CREWS OUT THERE PICKING UP.

WE SURELY DO OUR BEST BUT WE ARE ALSO APPRECIATIVE AS MR. PRICE MENTIONED AND OTHERS. WE HAVE A LOT OF NEIGHBORHOODS IN THIS AREA THAT CITIZENS GO PICK IT UP.

AND BLOWS OUT OF PEOPLE'S PICKUP TRUCKS, IT COMES OUT OF DUMPSTERS. IT COMES OUT OF OUR OWN TRUCKS.

WHERE IT DOESN'T COME BACK PROPERLY AND FLIES OUT.

SO WE ARE HAPPY TO LOOK AT IT AND TALK WITH SHOPPING CENTER OWNERS. I CAN ALSO ASSURE YOU THAT CITYWIDE EVERYBODY LOVES TO BLOW EVERYTHING FROM THEIR PROPERTY INTO THE STREET AND THEN IT BECOMES OUR ISSUE.

I WATCH IT EVERY MORNING WHEN I DRIVE TO WORK, NOT JUST ON MOORES MILL RD. ALONG GAY STREET THAT'S A VERY POPULAR THING TO DO. THE UNIVERSITY IS VERY GOOD AT PICKING THEIRS UP BUT WE WILL CERTAINLY BE HAPPY TO REACH OUT

TO THE SHOPPING CENTER OWNERS. >> SPEAKER: A SUGGESTION OF A PR CAMPAIGN. ABOUT LITTERING AND THEY COULD FACE CHARGES IF THEY PUT IT ON CITY STREETS.

MAYBE SOME KIND OF PR CAMPAIGN. >> SPEAKER: UNDERSTOOD.

I THINK I'VE HEARD FROM ALL OF YOU IN MY ONE YEAR TENURE IN THIS ROLE ABOUT LITTER IN GENERAL AT LEAST ONCE IF NOT MANY TIMES. DEFINITELY UNDERSTOOD.

WE WILL CONTINUE TO WORK ON THAT.

OUR CITIZENS ARE PRETTY DILIGENT AT CONTACTING US AND WE NEED THEIR EYES AND EARS AND WE APPRECIATE THAT.

>> SPEAKER: ANYONE ELSE ON THE COUNCIL COUNCIL OF ANY OTHER

COMMENTS OR QUESTIONS? >> SPEAKER: I WOULD LIKE TO ACKNOWLEDGE THE NEIGHBORHOOD OF BENBROOK AND MY NEIGHBORS.

IT IS TOUGH IN THE NORTH SIDE OF TOWN REALLY HAS TO DEAL WITH THIS A LOT MORE THAN WE HAVE. A TIP OF THE CAP TO THE TOUGH DECISIONS THAT WE HAVE HAD TO MAKE TO THE YEARS THROUGH -- OUT THERE. IT DOES ADMITTEDLY HIT HOME A LITTLE BIT HARDER WHEN IT IS YOUR FRIENDS AND NEIGHBORS.

[02:20:04]

I HAVE ALREADY VOTED AGAINST ON THIS.

WE HAVEN'T SEEN ANY DIFFERENCE OR THERE IS NO DIFFERENCE IN THIS APPLICATION. I DON'T SUPPOSE MY RAMBLINGS WOULD BE A SURPRISE. BUT I WANT TO ACKNOWLEDGE THE INVOLVEMENT OF THE NEIGHBORHOOD AND THEIR EFFORTS AND CONCERNS AND THEY ARE CERTAINLY NOT UNFOUNDED.

AND NOT UNHEARD. BUT I DO TEND TO MAKE THESE DECISIONS -- I TRY TO MAKE DECISIONS TAKING EMOTION OUT OF IT IN THESE TOUGH DEALS. WE DO HAVE IN MY OPINION SOMETIMES A BIT OF AN OUTDATED LAND USE PLAN.

I THINK THAT HAS BEEN ACKNOWLEDGED AND THAT IS WHERE WE DO HAVE TO MASSAGE IT A LITTLE BIT QUITE OFTEN AND I LOOK FORWARD TO SEEING THAT CHANGE A LITTLE BIT.

I THINK SOME IMPORTANT POINTS WOULD BE OUR TRAFFIC STUDY AND THE SAFETY ISSUES. MORS MILK, THAT HAMILTON ROAD OGLETREE ROCK FENCE I ACKNOWLEDGE THAT WOULD BE A DIFFICULT SPOT TO PULL OUT OF. WE ARE IN A DIFFICULT SPOT IN OUR TRAFFIC DATA AND IT DOESN'T GIVE US THE TOOLS TO NEGATE AN ENTRANCE ACROSS THE WAY. IT ALMOST TAKES THAT AWAY FROM US. AND SO WE ARE IN A BIND THERE.

I THINK AFTER HEARING THIS AND SENDING THIS FOR A YEAR OR MORE NOW, I MIGHT TEND TO AGREE THAT THIS PARTICULAR APPLICATION MIGHT BE THE BEST-CASE SCENARIO. I KNOW THAT DOESN'T -- A DEFEATIST ATTITUDE, BUT I THINK IT IS WORTH ACKNOWLEDGING THAT THE TRAFFIC COMING TO AND FROM THIS SPOT WOULD BE LESS AND LOWER THAN SOME OTHER OPTIONS. AND SO I WILL SUPPORT THIS AGAIN , BUT I WANTED TO MAKE THE POINT TO ACKNOWLEDGE THE TOUGH DECISION AND THE NEIGHBORHOOD CONCERNS.

THEY ARE NOT UNFOUNDED. I JUST THINK OVERALL WE DO HAVE TO MAKE A DECISION THAT I THINK IS IN THE BEST INTEREST OF THE AREA AND THE DEVELOPMENT. I THINK IT WILL BE SOMETHING TO APPRECIATE AND BE PROUD OF. AS FAR AS THE GREAT AREA, WHERE DOES OUR INDUSTRIAL COMMERCIAL USE AND IN OUR RESIDENTIAL BEGIN? I THINK THE BACK OF A PUBLIC LOADING DOCK MIGHT BE A GOOD PLACE TO START.

I DON'T THINK IT IS A STRETCH IN MY HEART THAT THIS LOWER DENSITY

COMMERCIAL USE IS A STRETCH. >> SPEAKER: ANYONE ELSE? I CERTAINLY WANT TO ACKNOWLEDGE ALL OF THE GOOD PEOPLE FROM BENBROOK. YOU HAVE SPOKEN WITH CLASS AND PASSION AND I APPRECIATE THE WAY YOU HAVE DIRECTED YOUR COMMENTS IN ALL OF YOUR E-MAILS TOWARDS US.

THANK YOU FOR HOW YOU HAVE HANDLED THAT.

AND I APPRECIATE THE DEVELOPER AND HIS REPRESENTATIVE FOR THE WAY THEY HAVE RESPONDED, NOT DEFENSIVELY BUT TRYING TO ANSWER THE QUESTIONS AND PROVIDE INFORMATION.

I KNOW THERE HAS BEEN LOTS OF MEETINGS BETWEEN DIFFERENT PEOPLE OVER THE YEARS TO BRING THIS FORWARD.

OVER A YEAR AGO WHEN WE CONSIDER THIS EXACT PLAN, I VOTED YES FOR IT. TONIGHT AS WE SIT HERE, IT'S THE SAME PLAN BUT IT IS LESS INTENSE.

THEY HAVE CARVED OFF 7000 SQUARE FEET.

I BELIEVE HAVING AN OFFICE RIGHT BEHIND A COMMERCIAL THE COMMERCIAL SHOPPING CENTER DOES MAKE SENSE AND IT IS A GOOD STEP DOWN USE AS YOU LEAD INTO POTENTIALLY MORE RESIDENTIAL.

SO I WILL BE VOTING IN SUPPORT OF THIS TONIGHT.

ANYONE ELSE? LINDSAY, ROLL CALL.

(VOICE VOTE) >> SPEAKER: MOTION CARRIES 5-4.

MAYOR, IF YOU'RE READY, REQUEST FROM BLAKE RICE ON BEHALF OF JOHN AND SHERI TODD TO REZONE APPROXIMATELY 4.83 ACRES OF PROPERTY LOCATED NORTHEAST OF THE CITY OF AUBURN SOCCER COMPLEX ADJACENT TO THE SILOS AT CONWAY FROM RURAL TO LIMITED DEVELOP A DISTRICT. THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL AT ITS DECEMBER 9, 2021, MEETING. UNANIMOUS CONSENT IS NECESSARY

IN A PUBLIC HEARING IS REQUIRED. >> SPEAKER: I WILL INTRODUCE

[02:25:01]

>> SPEAKER: SECOND. >> SPEAKER: MOTION AND SECOND.

DOES ANYONE ON THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH A VOTE ON THIS THIS EVENING? HEARING NONE I WILL OPEN THE PUBLIC HEARING. IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD. SEEING NO ONE I WILL CLOSE THE PUBLIC HEARING. WERE YOU COMING FORWARD? OKAY. I APOLOGIZE.

PLEASE FORGIVE ME. I DIDN'T PAY ATTENTION.

>> SPEAKER: 859 ZEALOUS COURT AND I CAME TO ASK THE CITY WHAT ARE THEY GOING TO DO ABOUT (INDISCERNIBLE) IN FRONT OF MY

DOOR. >> SPEAKER: THIS IS RELATED TO THIS TOPIC, ITEM FOUR. RELATED TO THE SILOS OF ELEMENT.

YOUR CONVERSATION WOULD BE BETTER AT THE END DURING

CITIZENS OPEN COMMUNICATION. >> SPEAKER: OKAY.

I THOUGHT THAT'S WHAT YOU SAID. >> SPEAKER: I'M SORRY IF I DIDN'T MAKE MYSELF CLEAR. YES, MA'AM, WE WILL BRING YOU FORWARD A BIT LATER. I WILL CLOSE THE PUBLIC HEARING.

ANY COMMENTS OR QUESTIONS? FROM THE COMP -- FOR THE COUNCIL? ROLL CALL.

(ROLL CALL VOTE) >> SPEAKER: ITEM NINE MAYBE FIVE REQUEST FROM BLAKE RICE ON BEHALF OF JOHN AND SHERI TODD TO AMEND ORDINANCE THREE TO FIVE TO THE SILOS AT CONWAY PLAN DEVELOP A DISTRICT TO ADD 4.83 ACRES PROPERTY LOCATED LOCATED NORTHEAST OF CITY OF AUBURN SOCCER COMPLEX.

THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL AT ITS DECEMBER 9, 2021, MEETING.

UNANIMOUS CONSENT IS NECESSARY IN THE PUBLIC HEARING IS

REQUIRED. >> SPEAKER: I WILL INTRODUCE THE ORDINANCE AND ASK UNANIMOUS CONSENT.

>> SPEAKER: SECOND. >> SPEAKER: MOTION AND SECOND.

DOES ANYONE ON THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH A VOTE ON THIS THIS EVENING? HEARING NONE WE WILL OPEN THE PUBLIC HEARING. IF YOU WOULD LIKE TO ADDRESS THE COUNCIL PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. SEEING NO ONE WE WILL CLOSE THE PUBLIC HEARING. ANY COMMENTS OR QUESTIONS FROM THE COUNCIL? OKAY.

LINDSAY? (ROLL CALL VOTE)

[10. RESOLUTIONS. ]

>> SPEAKER: UNDER RESOLUTIONS THIS EVENING ITEM TEND A WON A REQUEST FROM BRETT BASQUIN ON BEHALF OF PSM HOLDINGS ALABAMA LLC AND TD DEVELOPMENT INC. FOR CONDITIONAL USE APPROVAL OF OFFICE USES AND RECLASSIFICATION OF A NEIGHBORHOOD SHOPPING CENTER TO COMMUNITY SHOPPING CENTER.

FOR PROPERTY LOCATED AT 2449 MOORES MILL RD. IN A LIMITED DEVELOP A DISTRICT WITH A PLAN DEVELOP A DISTRICT OVERLAY.

THE PLANNING COMMISSION FAILED TO PASS A MOTION RECOMMENDING APPROVAL OF THIS REQUEST BY A VOTE OF ONE TO FIVE IT IS NOVEMBER 9 MEETING. THIS ITEM WAS POSTPONED FROM THE DECEMBER 21, 2021, CITY COUNCIL MEETING.

A PUBLIC HEARING IS REQUIRED. >> SPEAKER: MOVE TO IMPROVE.

>> SPEAKER: SECOND. >> SPEAKER: MOTION AND SECOND.

ANY COMMENTS OR QUESTIONS FROM THE COUNCIL?

ALL IN FAVOR PLEASE SAY. >> SPEAKER: PUBLIC HEARING IS NOT NOTED IN YOUR ADDENDA BUT THIS ITEM I DON'T BELIEVE HAD A PUBLIC HEARING ON DECEMBER 21 BECAUSE IT WAS IMMEDIATELY POSTPONED. SO THEREFORE -- SORRY IT'S ON YOUR AGENDA. YOU NEED A PUBLIC HEARING.

>> SPEAKER: I WAS LOOKING AT THE AGENDA AND NOT -- I APOLOGIZE. WE DO HAVE A MOTION AND SECOND.

AT THIS TIME WE WILL OPEN THE PUBLIC HEARING.

IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD.

>> SPEAKER: GLENBROOK DRIVE AND I UNDERSTAND TIPOFF IS IN 15 MINUTES. THERE ARE A FEW THINGS I WANT TO GO OVER. A COUPLE OF THINGS TO CLARIFY.

I DON'T WANT THIS GROUP TO THINK THAT A COMMERCIAL USE IS A LESS INTENSE TRAFFIC USE THAN RESIDENTIAL.

RESIDENTIAL, THE PERMITTED USE PRIOR TO YOUR PREVIOUS DECISION WOULD HAVE ALLOWED EIGHT RESIDENTIAL UNITS, WHICH AT A PEAK TIME IS ABOUT EIGHT TO TEN VEHICLES, WHERE THIS IS 62 AND 45. I JUST DON'T WANT MOVING FORWARD YOU GUYS TO THINK THAT COMMERCIAL IS LESS INTENSE THAN RESIDENTIAL. MULTIFAMILY, MAYBE.

THE OTHER THING, A COUPLE OF THINGS.

WE TALKED ABOUT BEFORE THE SPIRIT OF THE LDV ZONING AND A COMMUNITY SHOPPING CENTER. OBVIOUSLY THERE IS A CONCERN ABOUT THAT 500,000 SQUARE FEET MOVING DOWN THE ROAD AND REALLY I THINK IT WOULD BE A GOOD IDEA TO SEE IF THERE IS A WAY TONIGHT THAT WE COULD KIND OF CLOSE THE DOOR ON THIS.

[02:30:04]

THIS ROOM WILL FILL UP AND VOICES POTENTIALLY COULD GET LOUDER. SO I HAVE A FEW CONDITIONS.

BASED ON PREVIOUS APPROVED ITEMS , AND I CHECKED WITH OTHERS IN THE COMMUNITY THAT FEEL LIKE THESE ARE REASONABLE CONDITIONS.

FIRST, IS A STRUCTURAL PERMANENT SOLUTION TO RESTRICT THE LEFT-HAND TURN FROM THE SERVICE DRIVE ENTRANCE.

NOT ALL THREE BUT JUST THE SERVICE DRIVE ENTRANCE ONTO MOORES MILL RD. I KNOW THAT THE DEVELOPER MENTIONED THAT THEY WOULD HAVE NO CONTROL OVER THAT.

WILL NOW ARE PART OF THE PDD, WHICH IS NOW THE ENTIRE 15 OR SO ACRES, WHICH INCLUDES THOSE THREE ENTRANCES.

SO I WOULD FIRST LIKE YOU GUYS TO CONSIDER ADDING A PERMANENT STRUCTURAL ELEMENT AT THAT SERVICE DRIVE THAT DOES NOT PERMIT A LEFT TURN DOWN MOORES MILL RD.

THAT'S NUMBER ONE. NUMBER TWO, IS TO PUT A CONDITION ON THIS APPROVAL -- OR DENIAL, OR APPROVAL IF YOU SO CHOOSE, TO RESTRICT TO THE EXPANSE THIS PDD THROUGH THIS PROPERTY. I KNOW THAT THE LAYOUT IS A LOOP ROAD WHICH COULD CHANGE NEXT WEEK.

THERE IS NO GUARANTEES. AND THERE COULD BE A STUB OUT.

WE DON'T KNOW WHAT'S GOING TO HAPPEN, BUT IF WE RESTRICT ANY EXPANSION OF THE PDD AT THAT PROPERTY -- YOU CAN ADD THE PROPERTY TO THE NORTH, THE CHURCH PROPERTY AS WELL I GUESS, BUT THAT IS UNDER DEVELOPMENT NOW AS A CHURCH.

THEN I THINK THAT WOULD SAVE A LOT OF US A LOT OF TIME AND A LOT OF HEADACHE, A LOT OF DISCUSSION IN THE FUTURE AS TO THE EXPANSION IN THIS AREA. THOSE ARE THE TWO.

I WOULD LIKE YOU TO CONSIDER. IF YOU NEED ME TO BE THEM I CAN.

THANK YOU. >> SPEAKER: THANK YOU,.

PUBLIC HEARING IS STILL OPEN. >> SPEAKER: 2400 GLENBROOK DRIVE. THANK YOU FOR YOUR EFFORTS.

I SINCERELY MEAN THAT. I ALSO WANT TO GO ON PUBLIC RECORD AND SAY, THERE IS NOT A BETTER BUILDER IN THE AREA.

THIS WAS NOT ABOUT THE BUILDER, IT WAS NOT ABOUT THE PROPERTY, IT WAS NOT ABOUT WHAT HE IS GOING TO BUILD, IT IS NOT ABOUT HIS TENANT. IT IS ABOUT THE OBVIOUS SAFETY ISSUE. SO I WANT TO MAKE SURE EVERYONE UNDERSTANDS I HAVE FULL FAITH IN ROB AND JAY AND EVERY THING THEY'RE GOING TO DO. IT WAS NOT ABOUT THAT.

SO PUBLICLY AND WANT TO MAKE SURE I SAY THAT.

WHAT I WANT TO DO -- AND I DON'T HAVE THE ANSWER AND I DO NOT HAVE THE ENGINEERING DEGREE THAT GREG DOES NOR THE KNOWLEDGE.

WHAT I AM ASKING FOR YOU TO DO IS TO OBVIOUSLY ALLOW STAFF TO COME UP WITH CONDITIONS THAT WILL HELP US AS A NEIGHBOR, AS A NEIGHBORHOOD, THAT WILL PROTECT MANY OF THE THINGS EACH ONE OF YOU SAID TRICK WHETHER IT WAS WHAT JAY SAID, OR WHAT MR. DIXON SAID WHOEVER SOME OF THE COMMENTS, EVEN WHAT YOU SAID, MAYER. WHAT ARE THE THINGS THAT WE CAN DO TO PROTECT THIS NEIGHBORHOOD? WHAT ARE THE THINGS WE CAN DO FROM A COSMETIC STANDPOINT ALONG THAT ROADWAY, WHAT ARE THE THINGS THAT WE CAN DO TO PUT CONDITIONS ON THIS TO ENSURE THAT IT STOPS, THAT STOPS THERE, AND THAT WE DO THE BEST WE CAN TO HELP RESOLVE WHAT WE WILL HAVE TO DEAL WITH IN THE NEIGHBORHOOD? WE ARE ONLY 50 HOUSES BUT WE ARE NOT ANYWHERE NEAR THE SIZE OF EASTLAKE OR MOORES MILL RD., BUT WE ARE THE ONE THAT IS RIGHT THERE.

SO WE ARE PUTTING IT IN YOUR HANDS TO COME UP WITH SOME CONDITIONS THAT WILL ULTIMATELY TRY TO HELP US SOLVE THE CONDITIONS OR ISSUES THAT WE MIGHT HAVE.

I DON'T KNOW WHAT THEY ARE. BUT I HAVE A FEELING THAT HE SURE DOES AND MAYBE MANY YOU DO AS WELL.

SO THANK YOU. >> SPEAKER: THANK YOU, MR. MAYOR. WHO WILL BE NEXT?

>> SPEAKER: BREAD BASQUIN, ONE OF THE THINGS TO CLARIFY.

WE TALKED ABOUT THE TURN LANES THAT ARE OUT THERE ON THE STREET AND WHAT WAS GOING TO BE REQUIRED BUT WE DID DO A TRAFFIC STUDY. THE AMOUNT OF TRAFFIC COMING IN AND OUT OF THE DRIVEWAY DOES NOT WARRANT TURN LANES, BUT CITY REGULATIONS DO REQUIRE US TO PROVIDE THOSE DUE TO THE ROAD CLASSIFICATION. SO THERE WILL BE WIDENING FOR A LEFT TURN LANE AND A RIGHT TURN LANE.

THE ONLY WAY THAT WE CANNOT DO THEM IS WE WOULD HAVE TO GET A WAIVER FROM THE CITY ENGINEER OR APPEAL THAT TO THE PLANNING COMMISSION. SO AS OF RIGHT NOW, OUR REQUIREMENT IS A LEFT TURN LANE AND A RIGHT TURN LANE INTO THIS DRIVEWAY. THERE ARE ROAD IMPROVEMENTS ASSOCIATED WITH THAT. ESSENTIALLY, THE THREE LANE SEGMENT FROM THE INTERSECTION WILL EXTEND PAST THIS DRIVEWAY

[02:35:01]

I JUST WANTED TO KIND OF CLARIFY THAT.

IN REGARDS TO THE PROPOSED CONDITIONS, WE CAN'T CHANGE PUBLIC -- PUBLIC'S ACCESS. WE OFFERED THAT WE WOULD PROVIDE SIGNAGE AND THOSE TYPES OF THINGS WITHIN OUR PROJECTS TO ENCOURAGE OUR TENANTS TO GO STRAIGHT TO USE THE OTHER CURB CUTS AND NOT USE THAT SHORTCUT. BASED UPON TRAFFIC PATTERNS AND THOSE TYPES OF THINGS, FOR THIS DEVELOPMENT, IN REGARDS TO TRIP DISTRIBUTION, WE ARE ASSUMING 7E COMING AND GOING TO THE NORTH AND ONLY 30 PERCENT ROUGHLY ARE COMING FROM THE SOUTH BACK TOWARDS THE COUNTY. SO WHEN WE LOOK AT THAT, THERE IS VERY FEW LEFT TURNS COMING OUT OF THIS DRIVEWAY THAT ARE GOING TO BE GOING BACK THAT WAY. POLITELY SAID, WHEN WE WERE DISCUSSING THIS WITH THE NEIGHBORS BEFORE, WE HAD SIGN ITS -- WE CAN ADD SIGNAGE BUT WE CAN'T CHANGE PUBLIC'S DRIVEWAY.

IN REGARDS TO RESTRICTING THE EXPANSION OF THE PDD, THE NEIGHBORHOOD DESIGNATION WITHIN THE DEFINITION OF A NEIGHBORHOOD SHOPPING CENTER WITHIN OUR LTD UNDERLYING ZONING PREVENTS THE PDD FROM ESSENTIALLY, FROM THE NEIGHBORHOOD SHOPPING CENTER DESIGNATION NOT BEING LOCATED AT THE INTERSECTION OF ARTERIAL AND COLLECTORS. SO AGAIN, WE ARE NOT CONNECTING ANY CROSS ACCESS TO THE ADJACENT PROPERTIES, WHETHER TO THE CHURCH, TO THE EAST. ARE ONLY CONNECTIVITY IS THROUGH THE SHOPPING CENTER. SO THERE IS -- IF THE PEOPLE, NEXT DOOR, THEY CAN GET ACCESS TO OUR PROPERTY.

AND SO THAT IN MY MIND PREVENTS THAT EXPANSION OF THE PDD.

IN REGARDS TO A NEIGHBORHOOD SHOPPING CENTER.

AND THAT IS WHAT THEY ARE CONCERNED ABOUT.

THEY ARE WORRIED ABOUT THIS NEIGHBORHOOD DESIGNATION OF A PARTICULAR -- POTENTIAL SUPER WALMART OR SUPER TARGET.

SOMETHING OF SUBSTANCE. BUT THAT IS BY DEFINITION A NEIGHBORHOOD SHOPPING CENTER AND IT HAS TO BE WITHIN AN LTD, IT HAS TO BE LOCATED AT TWO ARTERIALS OR AN ARTERIAL AND A COLLECTOR. TO MY KNOWLEDGE, SOCIETY HILL IS PROBABLY THE CLOSEST THING TO A COLLECTOR RODE THAT WAY, AND OF COURSE, HAMILTON AND OGLETREE WOULD MEET THAT DESIGNATION.

BUT THERE IS NOTHING BETWEEN US AND SOCIETY HILL THAT WOULD CREATE THAT SITUATION TO WHERE YOU COULD HAVE THIS NEIGHBORHOOD SHOPPING CENTER DESIGNATION THROUGH THERE.

LIKE WE WERE EXPLAINING BEFORE, OUR ACCESS HAS ALWAYS BEEN THROUGH THE SHOPPING CENTER FROM DAY ONE OF THE SHOPPING CENTER FOR THIS PARCEL PICK THAT'S WHY IT IS INTEGRATED AND PART OF THAT. OTHER THAN THESE GUYS LIVING HERE, IT IS OUR COMMITMENT -- WE ARE ONLY APPROVED TO DO THIS 33,000 SQUARE FEET OF OFFICE. WE ARE RESTRICTED BY OUR AGREEMENT WITH PUBLIX ON WHAT WE CAN AND CAN'T DO, AND IT IS ESSENTIALLY ONLY OFFICE. WE CAN'T DO ANYTHING.

WE CAN'T SELL COMPETING GOODS AND THAT KIND OF STUFF.

WE HAVE RESTRICTIONS ON US THAT IS PART OF OUR AGREEMENT WITH PUBLIX. SO WE DO HAVE ASSERTIONS ON

THAT. >> SPEAKER: I HAVE A QUESTION.

YOU KEEP MENTIONING NEIGHBORHOOD SHOPPING CENTER.

BUT THIS REQUEST IS ASKING TO RECLASSIFY TO A COMMUNITY SHOPPING CENTER. HOW DOES THAT CHANGE?

IS AT THE SAME? >> SPEAKER: IS THE SAME, IT'S

JUST A HIGHER SQUARE FOOTAGE. >> SPEAKER: BUT I THINK THE NEIGHBORS ACROSS THE WAY ARE CONCERNED ABOUT POTENTIALLY THIS DEVELOPER ACQUIRING THAT PROPERTY AND WANTING TO EXPAND

FURTHER SOUTH. >> SPEAKER: BUT WE CAN'T.

THE PDD IS CONTROLLED BY PUBLIX. THEY ARE THE LARGEST PROPERTY OWNER IN THE PDD SO THEY CONTROL THE PDD.

IT WOULD HAVE TO BE -- WE COULDN'T EXPAND A PDD ON OURSELVES IF WE BOUGHT IT NEXT DOOR.

HE WOULD HAVE TO COME THROUGH PUBLIX OR AN AGREEMENT WITH PUBLIX. AND JUST LIKE THEY ARE RESTRICTING US, THEY ARE NOT GOING TO PUT THEIR COMPETITOR, WHETHER IT IS A DOLLAR STORE, A TARGET, OR WHATEVER THEY ARE NOT GOING TO PUT ANYTHING COMPETITIVE ADJACENT TO THEM AND

GRANT THEIR APPROVAL. >> SPEAKER: SO IF THIS COUNCIL DECIDED TO ADD THAT CONDITION, IT WOULDN'T REALLY CHANGE REGARDLESS. IT WOULD BE THE SAME.

WE WOULD JUST BE FORMALIZING THAT IN THIS RESOLUTION?

[02:40:02]

>> SPEAKER: I GUESS. >> SPEAKER: WILL GET TO THAT IN A MINUTE WHETHER IT IS A CONDITIONAL -- I DON'T BELIEVE YOU CAN ADD A CONDITION RESTRICTING THE PLAN DEVELOP A DISTRICT IN THE CONDITIONAL USE APPROVAL.

BEFORE YOU IS THE CONSIDERATION OF CONDITIONAL USE FOR THE TABLE ARE CONSIDERED -- PERMITTED USES FOR WHAT GOES ON A PLAN DEVELOP A DISTRICT THAT YOU JUST APPROVED.

IT INCLUDES OFFICE USE AND A CHANGE OF CLASSIFICATION BECAUSE OF THE SQUARE FOOTAGE ISSUE. IN A PLAN DEVELOP A DISTRICT APPROVAL YOU MAY BE RESTRICTED THE TOTAL ACREAGE TO KNOW MORE THAN 25,000 FEET. WE JUST APPROVED THAT.

TO COMPLICATE IT, IF ANYBODY WANTED TO AMEND THIS FURTHER ON DOWN THE ROAD, YES, THERE ARE ASPECTS TO BE DONE MUCH WOULD HAVE TO BE UNDONE FROM THE CURRENT PDD THEY JUST APPROVED.

AND AGAIN, THAT WOULD BE UP TO THE CITY COUNCIL AND PLANNING COMMISSION AT THE TIME. THERE ISN'T A GOOD WAY TO GUARD AGAINST THAT IN TERMS OF NOW THAT WE ARE AT THIS POINT.

ON THE PREVAILING SIDE OF THINGS, IF YOU GUYS WANT TO BRING THAT BACK UP AT THIS MEETING OR ANOTHER MEETING, YOU CAN DO THAT AND ADD A FURTHER CONDITION IF YOU WANT TO SAY, NO MORE EXPANSIONS. BUT I WANT TO BE ALSO ADVISE YOU THAT ANY COUNCIL THAT COMES AFTER YOU COULD REMOVE THAT CONDITION. IT IS UP TO YOU HOW YOU WANT TO

DO THAT. >> SPEAKER: THE ONLY OTHER THING I WOULD SAY TO THAT, IF ANYBODY OUT THERE -- ANY OF THOSE TENANTS WANTED TO MAKE ANY SLIGHT MODIFICATION, TO SAY THE GAS STATION WANT TO ADD ON 500 SQUARE FEET OR SOMETHING OR THE DRIVE-THRU GOES AWAY AT ONE OF THESE AND THEY WANT TO EXPAND, THEY COULDN'T -- THEY CAN'T DO ANYTHING OUT THERE WITHOUT COMING BACK TO YOU GUYS. WHETHER IT IS EXPANDING THE PDD LIKE YOU MENTIONED, LIKE YOU'RE TRYING TO PREVENT, BUT ALSO RESTRICT ANY OF THOSE BUSINESSES WITHIN THEIR FROM BEING ABLE TO EXPAND EITHER. THEY CAN'T DO IT AT THIS JUNCTURE RIGHT NOW. THEY WOULD HAVE TO COME BACK TO YOU. IF THEY WANT TO ENCLOSE 5000 SQUARE FEET THEY WOULD HAVE TO COME BACK TO YOU RIGHT NOW.

>> SPEAKER: ANYONE ELSE FOR THE PUBLIC HEARING? CLOSE THE PUBLIC HEARING. QUESTIONS FROM COUNCIL.

THOUGHTS? >> SPEAKER: YOU MENTIONED THE SECOND CONDITION REALLY WOULDN'T WAIT WOULDN'T MAKE MUCH DIFFERENCE. WHAT ABOUT THE RESTRICTING THE

LEFT TURN LANE. >> SPEAKER: RESTRICTING THE LEFT TURN IS CERTAINLY UP TO YOU.

I WILL TELL YOU THERE IS NO REGARD FOR EVERYWHERE IN THE CITY THAT WE HAVE NO LEFT TURN SIGNS.

IT COULD BE PUT UP AND PEOPLE THAT CHOOSE TO FOLLOW THAT BUT AT THE SAME OFFICE CONFLICT ON THE STREET I WATCH TENDS -- MANY CARS EVERY DAY ILLEGALLY TURN LEFT OUT OF THERE AND WE HAVE WHAT WE CALL A PORK CHOP OR WHATEVER WE HAVE.

CERTAINLY SOME PEOPLE WILL ABIDE BY THAT.

CERTAINLY I DON'T SEE A PROBLEM. CITY ENGINEER FRASER, WITH ASKING THEM TO POST A SIGN. PUBLIC SAFETY DIRECTOR AND REGISTER MIGHT BE ABLE TO SPEAK TO THE FACT THAT I DON'T BELIEVE THAT IS ENFORCEABLE BY THE POLICE DEPARTMENT EITHER.

I JUST WANT YOU TO BE CLEAR WHEN WE APPROVE THESE THINGS, IT'S NOT BECAUSE IT'S ON A PRIVATE PROPERTY SITUATION.

IN TERMS OF DETERRING THE PUBLIC, THERE ARE A NUMBER OF

PEOPLE THAT WOULD ABIDE BY THAT. >> SPEAKER: I NOTE THE STANDARD PARKING GARAGE FOR EXAMPLE, WHEN YOU COME OUT OF IT, THIS

DIRECTION,. >> SPEAKER: FANCY THINGS.

>> SPEAKER: IF YOU HIT THOSE THINGS, YOU WILL KNOW IT'S.

>> SPEAKER: WE SHOULD COMPLIMENT CITY ENGINEER FRAZIER BECAUSE I HAVE BEEN GIVING HER A HARD TIME SINCE THE STANDARD OPEN ABOUT THAT. PEOPLE ARE MAKING DANGEROUS TURNS AND SHE CAME UP WITH A SOLUTION IT WASN'T TERRIBLY UGLY

THAT IS DETERRING SOME. >> SPEAKER: SOMETHING LIKE THAT WOULD BE BENEFICIAL FOR PERMITTING A LEFT-HAND TURN I WOULD SUPPOSE EXPECT OUR CHALLENGE IS WE HAVE A LEFT TURN IN TO THIS DEVELOPMENT THE WAY THE LANES ARE GOING THERE IS A LEFT TURN IN. TO DETER THE OUT IS A LITTLE MORE CHALLENGING IN THIS REALM. I THINK IF YOU ARE ASKING THAT STAFF LOOK AT ANY AND ALL SOLUTIONS WITH THE DEVELOPER, WE ARE HAPPY TO DO THAT TO SEE IF THERE'S SOMETHING.

I THINK THE NEIGHBORHOOD HAS BEEN CLEARING.

IF THERE'S ANYTHING WE CAN DO TO ASSIST THEM WE ARE HAPPY TO LOOK AT IN PARTNERSHIP WITH THE DEVELOPER AND SEE WHAT CAN BE

DONE. >> SPEAKER: WE ALLOWED TO MAKE THOSE RESTRICTION'S OF PRE-EXISTING TENANTS?

>> SPEAKER: I WILL HAVE THE CITY ENGINEER WAY IN.

I JUST MEANT FROM NO LEFT TURN IT'S NOT SOMETHING THE CITY ENGINEER IT HAS RECOMMENDED AT THIS TIME.

>> SPEAKER: BASED ON THE ANALYSIS OF ACCIDENTS AND DISTANCE AT THIS LOCATION, I WOULDN'T THINK IT WOULD BE

[02:45:04]

LEFT OUT. >> SPEAKER: AND WE ARE WE HAVE 18 WHEELERS THAT COME IN AND OUT OF THAT LOCATION MAKING WHATEVER

DETERMINATION. >> SPEAKER: THEY MAKE A BIG MANEUVER IN. THE NEIGHBORHOOD WOULD CORRECT ME IF I'M WRONG, I AM NOT AWARE OF PROBABLY BORROWING A NEIGHBOT THEY TURN LEFT ALL THAT OFTEN OUT OF THERE THERE.

MAYBE BEER TRUCKS POSSIBLY, FRITO-LAY, OTHERS WHO HAVE SMALLER TRUCKS. THEY MAY BE GOING TO SERVE THE LAZY MAKE THE END THING TO MAKE A LEFT.

I HAVE NOT WITNESSED ONE OF THE NEIGHBORHOOD CERTAINLY WOULD HAVE A BETTER PERSPECTIVE ON THAT.

>> SPEAKER: ANYBODY ELSE? SO THIS IS A RESOLUTION SO IT IS A VOICE VOTE. ALL IN FAVOR? ALL OPPOSED? LET'S DO ROLL CALL.

(ROLL CALL VOTE) >> SPEAKER: 5-4.

APPROVED MAYOR, THOSE OF THE ALL OF THE ITEMS OF BUSINESS WE HAVE

[12. CITIZENS’ OPEN FORUM. ]

FOR YOU. >> SPEAKER: AT THIS TIME WE WILL OPEN THE CITIZENS OPEN FORM.

THIS IS YOUR OPPORTUNITY TO TALK TO THE COUNSELOR ANYTHING THAT YOU WOULD LIKE TO REMEMBER THESE COMMENTS ARE DIRECTED TOWARDS THE COUNCIL AND THESE ARE COMMENTS FROM YOU.

MISS HARD AND I BELIEVE YOU WANTED TO COME FORWARD SO WE WILL OPEN THIS UP AND ALLOW YOU TO START.

HAVE THREE MINUTES AND PLEASE GIVE US YOUR NAME AND ADDRESS

FOR THE RECORD. >> SPEAKER: EVA HARTNETT A 59 SELES COURT. I WANTED TO KNOW IS THE FENCE ARE GOING TO BE REMOVED FROM MY FRONT DOOR.

>> SPEAKER: MS. HARTNETT I WILL ASKED THE CITY MANAGER TO HAVE HER OR STAFF GET WITH YOU TOMORROW.

I DO NOT KNOW THE ANSWER TO THAT QUESTION RIGHT NOW.

CERTAINLY WE CAN GET TO AN ANSWER AS SOON AS POSSIBLE.

>> SPEAKER: OKAY. I APPRECIATE THAT.

>> SPEAKER: YES, MA'AM. >> SPEAKER: MAYOR COMING CLOSE IN, MR. CUMMINGS HAS MET WITH MS. HARTNETT AND I PLAN TO REACH OUT. THEORETICALLY I AM OUT OF TOWN THROUGH TOMORROW. I'M AT A CONFERENCE AND GOING BACK AND FORTH. BUT I WILL BE REACHING OUT TO HER DIRECTLY ON THURSDAY MYSELF TO MEET HER.

>> SPEAKER: SO MS. HARTNETT CITY MANAGER WILL BE REACHING

OUT TO YOU IN A COUPLE OF DAYS. >> SPEAKER: COULD YOU TELL US

WHAT THE ISSUE? >> SPEAKER: MS. HARTNETT HAS BEEN TO YOU BEFORE. SHE HAS MET WITH STAFF PICK HER NEIGHBOR IN AN AFFORDABLE HOUSING SUBDIVISION CONSTRUCTED OFFENSE THAT IS A LAWFUL FENCE ALONG THE PROPERTY LINE.

THE WAY THE SETBACKS AND SO ON RUN, IT VERY MUCH APPEARS IT IS IN MS. HARTNETT'S FRONT YARD. HER FRONT PORCH IS VERY CLOSE TO THE FENCE AND IT MEETS ALL OF OUR PLANNING AND ZONING REQUIREMENTS, IT'S BEEN SURVEYED MANY TIMES.

I HAD MR. CUMMINGS OUT RECENTLY TO LOOK AT IT AGAIN.

WE DO HAVE -- I DON'T HAVE AN UPDATE ON -- PART OF THE NEIGHBORS FENCE WHICH IS LAWFUL IS IN A CITY EASEMENT.

WE ARE ACTUALLY HAVING ISSUES CITYWIDE ALL OVER THE CITY.

WE ARE DISCOVERED THAT PROPERTY OWNERS, THEY DON'T KNOW ANY BETTER ARE HAVING FENCE IS BUILT RIGHT THROUGH MAJOR EASEMENTS THAT ARE CREATING PROBLEM. WE HAVE ACTUALLY OUR INSPECTION SERVICES DEPARTMENT HAS SPENT A LOT OF TIME RIGHT NOW GETTING FENCES OUT OF EASTMAN EASEMENTS. IS CAUSING MAINTENANCE PROBLEMS. WE WILL BE ABLE TO GET THE FENCE RETRACTED BACK AND MR. CUMMINGS HASN'T BEEN MOVED TODAY? IT IS SOMETHING WE ARE WORKING ON BUT IN TERMS DOES I'VE BEEN WORKING WITH COUNCILPERSON TAYLOR ON THIS ISSUE FOR SOME TIME AS WELL AND SHE HAD ASKED THAT I REACH OUT DIRECTLY AND I WANTED TO SPEND ADEQUATE TIME WITH MS. HARTNETT ON SITE TO LISTEN TO WHAT SHE HAS TO SAY.

THIS HAS BEEN REVIEWED BY THE CITY ATTORNEY, IT IS BEEN REVIEWED BY OUR DEVELOPMENT DEPARTMENTS.

WE HAVE HAD CITY SURVEYORS POURING OVER THE INFORMATION, THE FENCES LAWFULLY PLACED BY THE NEIGHBOR ON HER OWN, THE NEIGHBORS PROPERTY. IT IS JUST THE WAY THE HOUSE SITS IS IN A CUL-DE-SAC. I'VE BEEN OUT THERE MULTIPLE TIMES AND HAD OTHER STAFF MEMBERS WITH ME.

WE HAVE ALL LOOKED AND PROBABLY TEN OR 15 MEMBERS HAVE BEEN OUT THERE TO TRY TO ADDRESS THIS ISSUE.

>> SPEAKER: THANK YOU. >> SPEAKER: ONE OF THE QUESTION I WANTED TO ASK. I JUST WANTED TO KNOW, HE SAID THAT THE FENCE IS ON THE CITY EASEMENT.

>> SPEAKER: PART OF THE FENCE COMES CLOSE ENOUGH TO THE STREET. WE HAVE AN EASEMENT IN THE CUL-DE-SAC AROUND THE RADIUS OF THE CUL-DE-SAC.

SO THE VERY FRONT FROM THE BACK OF CURB.

I DON'T KNOW IF IT IS 10 FEET OR NOT.

I DON'T RECALL OFF THE TOP OF MY HEAD.

IT NEEDS A RETRACT A LITTLE BIT BACK TO GET IT OUT OF THAT FRONT EASEMENT. WE WILL BE WORKING WITH THE

[02:50:02]

IT DOESN'T ASSIST HER WITH HER PORCH ENCROACHMENT ISSUE WHERE SHE FEELS LIKE THE FENCE IS VERY CLOSE TO THE FRONT CORNER OF HER PORCH, BUT AT LEAST IT MOVES IT BACK FROM THE STREET A LITTLE BIT. THAT IS IN CLARIFYING THIS FOR THE CITY ATTORNEY THAT IS THE ONLY RELIEF THE CITY CAN PROVIDE. WE HAVE OTHER LEGAL MECHANISM.

>> SPEAKER: SO ABOUT HOW MANY FEET DO YOU KNOW? I DON'T THINK -- THAT WILL BE HERE ISSUE.

IF IT IS STILL BASICALLY OWING TO BE WHERE IT IS.

>> SPEAKER: THERE IS NOT A LEGAL REMEDY FOR THAT OTHER THAN

NEIGHBORS TO NEIGHBOR RELATIONS. >> SPEAKER: WHO WILL BE NEXT?

>> SPEAKER: GOOD EVENING. I AM BILLIE ALLEN PRESIDENT OF THE NAACP BRANCH 53. I WOULD PRESENT THREE THINGS TO YOU ALL TONIGHT. THE FIRST THING IS, THE NAACP IS VERY DISSATISFIED WITH THE 7-2 VOTE TO APPROVE THE CITY OF AUBURN'S AMENDED REDISTRICTING MAP.

WE WILL CONTINUE OUR EFFORTS TO GET AT LEAST TWO MAJORITY MINORITY WARDS IN AUBURN. WE HAVE CONTACTED CERTAIN SOURCES FOR GUIDANCE AND DIRECTION.

NUMBER TWO, WE WILL BE HIGHLY ACTIVE AND INVOLVED IN THE ELECTION CAMPAIGN PERIOD LEADING UP TO THE AUGUST 23, 2022, CITY ELECTION. NUMBER THREE, WE WILL BE HIGHLY ACTIVE AND INVOLVED IN THE ELECTION ON AUGUST 23, 2022, TO ELECT PEOPLE THAT SUPPORT OUR INTERESTS, THAT SUPPORT OUR ISSUES, AND THAT SUPPORT OUR CONCERNS.

THANK YOU FOR THE TIME. >> SPEAKER: THANK YOU.

WHO WOULD BE NEXT? >> SPEAKER: BILLS ARE STILL PILING UP. I DON'T UNDERSTAND ABOUT THE ORDINANCE 3288. FIVE OF YOU VOTED FOR IT, THREE OF YOU VOTED AGAINST, AND I APPRECIATE WITTEN, SMITH AND JAVI TO VOTE AGAINST IT. THE ONE THING I DON'T UNDERSTAND IS NOTHING HAS CHANGED IN MY COMMUNITY.

I AM IN A CONSERVATIVE AREA. IT IS CLEAN AS IT WAS BEFORE THE ORDINANCE, IT IS STILL CLEAN NOW.

IT WAS QUIET FOR THE ORDINANCE AND IT IS STILL QUIET.

ALSO THE SAME TRAFFIC THAT IS ALWAYS BEEN THERE IS ALWAYS THERE. I DON'T UNDERSTAND -- HE CREATED AN ORDINANCE THAT DISCRIMINATED AGAINST THE PRACTICAL THINGS.

YOU ALLOWED THE ELITES AND THE CONSERVATIVE AREAS SAY THAT WE ARE MORE IMPORTANT THAN THE REST OF THE AREAS.

ALSO, YOU RIPPED AWAY THE CONSTITUTIONAL RIGHTS OF 151 FAMILIES IN THE COMMUNITIES. WHAT I MEAN BY CONSTITUTIONAL RIGHTS, WE HAVE A RIGHT TO DO WHAT WE WANT IN OUR HOMES IF THERE IS NO DISRUPTION. THERE IS NOTHING THERE.

WHEN YOU MADE THE DECISION, I DON'T UNDERSTAND WHY.

BECAUSE THERE IS NO DATA. I DON'T KNOW OF ANY REASON THAT YOU VOTED FOR IT, BUT YOU VOTED FOR.

EVERYTHING ELSE I'VE SEEN AN ORDINANCE YOU HAVE ALL OF THIS DATA, THIS RAW DATA, YOU PUT ALL THE STUFF TOGETHER AND YOU CREATE THIS ATMOSPHERE OF, THERE IS A GOOD POINT AND BAD POINTS AND WE HAVE A HARD TIME MAKING A DECISION.

I HAVE -- I DON'T UNDERSTAND THAT.

ALSO, YOU TOOK AWAY OUR RIGHTS TO BE ABLE TO HAVE THE WEBPAGE FOR AIRBNB. THE FOURTH THING IS, YOU HAVE TREATED US LIKE CRIMINALS. YOU HAVE TAKEN US OFF TO COURT.

ONE OF THE LADIES WHO WAS OLDER THAN I AM WAS BASICALLY CALLED A LIAR TO THE JUDGE AND THE JUDGE SAID -- IT WAS THE BY THE PERSON WHO WAS THE PROSECUTOR THAT THE CITY PUT UP.

THAT PERSON I'M OF THE JUDGE SAID I HAVE KNOWN OVER 30 YEARS.

WHAT SHE SAYS IS THE TRUTH. I DON'T UNDERSTAND THE APPROACH

[02:55:01]

WE ARE JUST PEOPLE TRYING TO SURVIVE.

I THINK THAT IT IS TIME THAT SOME -- SOMETHING BE MADE UP WERE THE ONES THAT HAVE HAD THE APPROVAL TO BE ABLE TO CONTINUE AIRBNB YOU SHOULD ALSO ALLOW THE REST OF US TO HAVE AIRBNB.

WE DON'T TO ANY DISRUPTION. THERE IS NONE.

AND I WANT TO PAY MY BILLS. I DON'T WANT TO GIVE THEM TO YOU TO PAY. THEY ARE MY BILLS AND I'M RESPONSIBLE FOR THEM AND WE DID NOTHING WRONG TOOK ALL WE DID WAS OPERATE AND YOU TOLD US THAT WHAT SHE WENT INTO OUR HOME AND YOU SAID WE CANNOT DO THIS ANYMORE.

THANK YOU. >> SPEAKER: MAYOR, WE NEED NAME

AND ADDRESS FOR THE RECORD. >> SPEAKER: NAME AND ADDRESS?

>> SPEAKER: ROBERT WILKINS. I WROTE IT UP HERE.

ROBERT WILKINS, 261 AND SOME DRIVE, AUBURN, ALABAMA.

>> SPEAKER: THANK YOU. WHO WILL BE NEXT?

IS THERE A MOVE TO ADJOURN? >> SPEAKER: SO MOVED.

>> SPEAKER: WE ARE

* This transcript was compiled from uncorrected Closed Captioning.