[1. CALL TO ORDER.]
[00:00:07]
>> SPEAKER: CALLED TO AUBURN CITY COUNCIL MEETING FEBRUARY 15
[2. MINUTES. February 15, 2022.]
2022. CITY COUNCIL SHOULD HAVE THE MINUTES FROM OUR PRIOR MEETING. ANY ADDITIONS OR CORRECTIONS FROM THE COMMITTEE OF THE WHOLE MINUTES.>> SPEAKER: MOVED TO APPROVE. ALL IN FAVOR?
[3. NOISE MITIGATION DISCUSSION]
THE MINIS ARE CARRIED FORTH. MITIGATION DISCUSSION.I WILL TURN THIS OVER TO COUNCILPERSON GRISWOLD.
>> SPEAKER: >> SPEAKER: THANK YOU, MR. MAYOR. AS EVERYONE IS AWARE WE HAD SOME INSTANCES OF NOISE COMPLAINTS ABOUT THREE WEEKS AGO.
I JUST ASK THAT WE HAVE A BRIEF DISCUSSION ON WHAT WE HAVE IN PLACE SO THAT WE KNOW WHAT A CITIZEN SHOULD DO OR WHEN HE HAS AN ISSUE LIKE THAT. I'VE BEEN ASKED WHY WE DID NOT HAVE A NOISE ORDINANCE AND THAT HAS BEEN EXPLAINED TO THE COUNCIL BEFORE. BECAUSE OF SOME OF THE TECHNICAL ISSUES ASSOCIATED WITH MEASURING DECIBELS AND WHAT NOT, JUST TO SEE IF THAT IS STILL AN ACCURATE ASSESSMENT OR IF THERE ARE ANY DEVICES OUT THERE AVAILABLE THAT WOULD MAKE IT EASIER FOR CITIZENS AND FOR OUR LAW ENFORCEMENT PERSONNEL TO ADDRESS THE NOISE COMPLAINTS. JUST A DISCUSSION.
>> SPEAKER: THANK YOU, KELLEY. >> SPEAKER: WE HAVE OUR POLICE CHIEF CEDRIC ANDERSON TO SPEAK TO THIS.
YOU WILL TALK A LITTLE BIT THROUGH WHAT PART OF STATE CODE WE ARE USING TO ENFORCE NOISE CONCERNS AS OF NOW AND A LITTLE BIT ABOUT WHERE COMPLAINTS HAVE GONE AND HOW POLICE HANDLE NOISE COMPLAINTS FROM START TO FINISH. WHAT WE HAVE BEEN DOING FOR A LONG PERIOD OF TIME. KEITH ANDERSON?
CHIEF ANDERSON? >> SPEAKER: THAT YOU FOR BEING
HERE. >> SPEAKER: THERE IS A GRAPH UP FOR EVERYONE TO TAKE A LOOK AT. SINCE 2017 THROUGH 2021, THE AUBURN POLICE DEPARTMENT HAS RESPONDED TO A LITTLE OVER 5400 NOISE COMPLAINTS. WHEN I AM SAYING RESPONDED TO, LITERALLY THESE ARE NOT PHONE CALLS THAT THE POLICE DEPARTMENT IS GETTING. THESE ARE SITUATIONS, INCIDENTS OR THE POLICE DEPARTMENT HAS ACTUALLY RESPONDED, DISPATCHED AN OFFICER TO GO OUT TO A LOCATION AND LOOK INTO THE SOURCE OF THE NOISE, DETERMINE WHO IS CREATING IT AND THEN TO TAKE SOME ENFORCEMENT ACTION TO MAKE IT STOP.
WITH THAT BEING SAID, WE DO HAVE A SYSTEM IN PLACE.
WE HAVE USED THE SAME SYSTEM FOR A NUMBER OF ADMINISTRATIONS SINCE I'VE BEEN HERE, AND I'VE BEEN HERE FOR 30 YEARS, WE HAVE DONE AT THE SAME WAY. WHAT WE DO IS ONCE WE GET A COMPLAINT, THE OFFICER GOES OUT, HE LOCATES THE SOURCE OF THAT NOISE OR THE PERSON RESPONSIBLE FOR THE NOISE, AND MAKES CONTACT WITH THEM. HE GIVES THEM A WARNING THE FIRST TIME AND GIVES THEM AN OPPORTUNITY TO BRING THE NOISE INTO AN ACCEPTABLE RANGE. THE PERSON IS TOLD AT THAT POINT IF THE OFFICER HAS A COME BACK OUT, THEN WE WILL TAKE ADDITIONAL ACTION. WHICH USUALLY REQUIRES THE OFFICER TO GO BACK OUT AND SHUT THE PARTY DOWN, MAKE THE NOISE STOPPED STOP AT THAT POINT. ANY SUBSEQUENT COMPLAINT OR RESPONSE BY THAT OFFICER WILL REQUIRE THE OFFICER TO ISSUE AN NTC OR TO MAKE AN ARREST FOR DISORDERLY CONDUCT.
THAT IS THE PROCESS THAT HAS BEEN IN PLACE.
ALL ANY CITIZEN HAS TO DO IS CALL AND AN OFFICER WILL RESPOND AND LOOK INTO THE SOURCE OF THE NOISE.
WHEN YOU CONSIDER 5400 COMPLAINTS, I WOULD SAY OUT OF THAT 5400 MAYBE HALF A DOZEN ARE CALLS THAT WE ARE AWARE OF THAT DID NOT GET HANDLED PROPERLY. THAT IS LESS THAN 1 PERCENT.
WHEN YOU CONSIDER ALL OF THE NOISE COMPLAINTS WE HAVE GONE ON OVER THE YEARS. SO WHAT WE DO AGAIN, WE RELY ON THE CITY CODE, THE CITY ORDINANCES.
OUR CITY ORDINANCE IS 13-1 ADOPTS STATE STATUTES.
STATE STATUTE FOR DISORDERLY CONDUCT 13A117, IF YOU LOOK AT A2 IT IS HIGHLIGHTED UP THERE. A PERSON COMMITS DISORDERLY CONDUCT IF THEY MAKE UNREASONABLE NOISE.
TO ME THAT IS PRETTY STRAIGHTFORWARD.
IT IS PRETTY CLEAR CUTS. ALL THE COMPLAINANT OR THE OFFICER HAD TO DO IS BE ABLE TO ARTICULATE WHAT MAKES IT UNREASONABLE. IT IS THE TIME OF DAY, THE LOCATION, THE LANGUAGE OR WHATEVER THAT IS THAT IS BEING SPEWED OUT. YOU COULD JUST BE ANY RANGE OF THINGS THAT IS MAKING IT UNREASONABLE.
THAT IS WHAT THE OFFICERS RELY ON WHEN THEY GO OUT TO THESE
[00:05:03]
CALLS. THAT AGAIN IS IN OUR BASICALLY IN OUR CITY ORDINANCE. WE DON'T CALL IT A NOISE COMPLAINT, WE DON'T CALL IT A NOISE ORDINANCE, BUT BECAUSE WE HAVE ADOPTED THE STATE STATUTE, IT IS THEREFORE FOR OUR USE.WHAT I HAVE DONE IS I HAVE LOOKED AT SEVERAL CITIES IN THE REGION THAT HAVE NOISE ORDINANCES.
WE LOOKED AT BATON ROUGE, WE LOOKED AT TUSCALOOSA, WE LOOKED AT ATHENS, OXFORD. THESE ARE LOCATIONS THAT HAVE A COMMUNITY PRETTY MUCH LIKE OURS AND WE LOOKED AT THEIR NOISE ORDINANCES. WELL, THREE OF THE FOUR -- LET ME BACK UP AND SAY THAT MOST OF THESE ARE PRETTY VERBOSE.
WHEN YOU LOOK AT THE DISORDERLY CONDUCT STATUTE, IT IS PRETTY SIMPLE, STRAIGHTFORWARD. DOESN'T HAVE PAGE AFTER PAGE OF DEFINITIONS AND IT IS NOT A WHOLE LOT OF HOOPS TO JUMP THROUGH. WHEN ALL YOU HAVE TO DO IS PROVE THE UNREASONABLENESS OF THE NOISE.
WITH THAT BEING SAID, WHEN I LOOKED AT THE ORDINANCES THAT THESE OTHER LOCATIONS HAD, THERE WAS A LOT OF TALK AND I THINK THREE OF THE FOUR ABOUT THE DECIBEL LEVEL.
YOU -- THE OFFICER HAS TO GO OUT AND MEASURE THE NOISE WITH A METER TO DETERMINE IF IT EXCEEDS A PREDETERMINED DECIBEL LEVEL, AND IF IT DOES EXCEED ITS THAN THAT PERSON IS OBVIOUSLY IN VIOLATION OF THE ORDINANCE. WILL, WITH THAT, IF YOU KNOW THE CLIENTELE WE SERVE SOMETIMES, MOST OF THESE FOLKS ARE GOING TO BE WISE ENOUGH TO KNOW IF THE DECIBEL LEVEL YOU CAN'T EXCEED IS 95 THEY WILL KEEP IT AT 92. YOU WILL BE STUCK NOT ABLE TO ENFORCE ANYTHING. IF YOU CREATE TWO -- IF YOU CREATE A NOISE ORDINANCE AND YOU STILL HAVE THE DISORDERLY CONDUCT STATUTE ON THE BOOKS, IT ALMOST LOOKS LIKE YOU ARE CHERRY PICKING, PICKING AND CHOOSING WHEN YOU ENFORCE ONE AND WHEN YOU ENFORCE THE OTHER ONE. SO WE HAVE SOMETHING IN PLACE THAT WORKS FOR US AND IT HAS WORKED FOR YEARS.
I'VE BEEN YOUR FOR 30 YEARS AND I'VE ONLY SEEN IT FAIL AS A HALF A DOZEN TIMES OR SO. SO IT IS SOMETHING THAT WE CAN RELY ON AND PROVEN TO BE EFFECTIVE.
>> SPEAKER: MR. GRISWOLD, ANY FOLLOW UP QUESTIONS?
>> SPEAKER: NO. I APPRECIATE THE EXPLANATION AND I'M SURE THE PUBLIC THAT IS WATCHING OR LISTENING WILL APPRECIATE IT IS WELL. THANK YOU.
>> SPEAKER: I HAVE TWO QUESTIONS ON THAT.
WHEN THEY ARE MEASURING THE DECIBEL, WHERE ARE THEY
MEASURING THAT FROM? >> SPEAKER: IT DEPENDS ON THE ORDINANCE ITSELF. THERE WAS I THINK ONE THAT SAID THEY HAD TO BE 100 FEET AWAY, AND ANOTHER ONE THAT SAID MAYBE 300 FEET. BUT IT IS DIFFERENT DEPENDING ON WHAT THE COUNCIL DECIDED THEY WANT TO THE MEASUREMENT TO BE.
TO ME THAT IS STILL PROBLEMATIC BECAUSE LET'S SAY YOU ARE DOWN HERE ON WEST MAGNOLIA SOMEWHERE WERE NOW THEY HAVE BUILT UP APARTMENT COMPLEXES BASICALLY IN THE BACKYARD OF SOME OF THE FRATERNITY HOUSES. THE FRATERNITY IS HAVING A BAND PARTY. WELL, IF YOU HAVE TO GO 300 FEET AWAY TO GET YOUR MEASUREMENT, YOU HAVE ALREADY PASSED THE PLACE WHERE THE COMPLAINANT IS CALLING FROM IN THOSE APARTMENT COMPLEXES. IT IS KIND OF UNFAIR TO THEM IF IT DOESN'T MEASURE THE EXCESSIVE AMOUNT.
>> SPEAKER: THAT'S WHAT I WAS WONDERING.
AS FAR AS IN THE CITY OF AUBURN, ARE THERE CERTAIN TIME FRAMES OR IS SOMEONE DECIDES TO MAKE A COMPLAINT AT 10 AM VERSUS 10 PM
VERSUS 3 AM. >> SPEAKER: WITH DISORDERLY CONDUCT, NO, SIR. ALL YOU HAVE TO DO IS BE ABLE TO SHOW THAT IT WAS UNREASONABLE. IF YOU ARE AT HOME AND YOU ARE TRYING TO HAVE A QUIET SUNDAY BRUNCH, THERE IS SOMEBODY DOWN THE STREET WITH AMPLIFIED SOUND AND IT IS DISTURBING YOUR ABILITY TO ENJOY THE PEACE AND TRANQUILITY OF YOUR HOME, IT DOESN'T HAVE ANYTHING TO DO WITH THE TIME OF DAY.
YOU CAN JUST ARTICULATE TO US THAT YOU FEEL IT IS UNREASONABLE AND WE CAN ARTICULATE THAT IF WE HAVE A SITE THAT PERSON.
>> SPEAKER: THANK YOU. >> SPEAKER: SHEET, ARE YOU COMFORTABLE WITH THE CURRENT ORDINANCE WE HAVE TO TACKLE NOISE ISSUES IN THE CITY? YOU SHOEHORN EVERYTHING INTO DISORDERLY CONDUCT? OR DO YOU FEEL THIS BODY NEEDS TO PUT MORE PARAMETERS IN THEIR TO TACKLE THAT ISSUE?
>> SPEAKER: NO, SIR, I THINK THE DISORDERLY CONDUCT HAS WORKED FOR US FOR 30 YEARS THAT I HAVE BEEN HERE.
IT IS BEEN VERY EFFECTIVE. I THINK TO CHANGE IT AT THIS POINT, IT WOULDN'T GET THE SAME RESULTS.
I THINK IT WOULD PROBABLY CREATE SOME CONFUSION.
>> SPEAKER: THANK YOU. >> SPEAKER: THE ONLY OTHER QUESTION I HAVE, AND I APOLOGIZE FOR ASKING THIS QUESTION, BECAUSE I WAS FUMBLING AROUND TRYING TO FIND A PEN IN MY
[00:10:04]
PURSE. WHAT WERE THE THREE THINGS THAT YOU DO WHEN YOU GET THE COMPLAINT? YOU DO WHAT, BEFORE THEY ACTUALLY SHUT DOWN THE PARTY ORWHATEVER? >> SPEAKER: WHEN WE GET A COMPLAINT THE OFFICER WAS DISPATCHED TO THE AREA WHERE THE NOISE IS REPORTEDLY COMING FROM. HE MAKES CONTACT WITH THE PERSON THAT IS CREATING A NOISE OR IS RESPONSIBLE FOR THE NOISE BEING CREATED, AND WE EXPLAINED TO THEM THAT THEY NEED TO TURN IT DOWN TO AN ACCEPTABLE LEVEL. WE ALSO GIVE THEM A WARNING THAT IF WE HAVE TO COME BACK THEY WILL HAVE TO SHUT THE NOISE OR THE MUSIC OR WHATEVER IT IS OFF COMPLETELY AND ANYTHING JAN THAT WE WILL HAVE TO ISSUE AN NTC OR MAKE AN ARREST FOR DISORDERLY
SO THAT SECOND COMPLAINT -- YOU HAVE TO COMMIT THE SECOND TIME
IN ORDER TO SHUT DOWN. >> SPEAKER: YES, MA'AM.
>> SPEAKER: IS A NON-TRAFFIC CITATION.
IT IS ALSO HAPPENS -- THERE'VE BEEN MANY DISCUSSIONS WITH MANAGERS OF ESTABLISHMENTS THAT HAVE BEEN CITED OVER THE YEARS.
IT IS THE RESPONSIBLE PARTY COULD BE THE PRESIDENT OF AN ORGANIZATION, IT COULD BE A LOT OF PEOPLE.
IT IS NOT OUR DESIRED METHOD OF ENFORCEMENT.
THAT IS WHY EVERY ATTEMPT IS MADE TO GET IT UNDER CONTROL BEFORE WE HAVE TO MAKE THOSE MOVES.
BUT AT TIMES OFFICERS HAVE ISSUED CITATIONS.
THAT WILL CONTINUE TO HAPPEN. >> SPEAKER: THAT WOULD ALSO APPLY TO THE VEHICLE, MY RIGHT, CHIEF?
>> SPEAKER: YES, SIR. WE GET A NUMBER OF COMPLAINTS ABOUT DIFFERENT THINGS. IT IS NOT JUST BAND PARTIES AND THE KINDS OF THINGS. WE GET COMPLAINTS ON THE HIGH SCHOOL FOOTBALL TEAM PRACTICING, WITH COMPLAINTS ON NEIGHBORS WALKING TOO HARD AND APARTMENT COMPLEXES, DOGS BARKING.
IT CAN BE ANYTHING. IF IT IS AFFECTING SOMEBODY'S ABILITY TO ENJOY THE PEACE AND TRANQUILITY OF THEIR HOME ENVIRONMENT, THEN WE WILL GO OUT AND LOOK INTO IT AND TAKE WHATEVER ACTIONS WE NEED TO CORRECT IT.
>> SPEAKER: ANY OF THE QUESTIONS?
>> SPEAKER: IS THERE ANY COORDINATION WITH THE UNIVERSITY? I KNOW THE FRATERNITY PARTIES ALL HAVE TO BE REGISTERED IF THEY ARE GOING TO HAVE AN ORGANIZED PARTY. IF THEY ARE LEGITIMATE AND REGISTERED AND THEY ARE TAKING ROLE IN THE WHOLE BIT THAT THEY HAVE TO DO, DO THEY HAVE CERTAIN HOURS THAT THEY ARE SUPPOSED TO MAINTAIN IN TERMS OF A PARTY OR THE NOISE LEVELS?
>> SPEAKER: DIRECTOR REGISTER AND I HAVE BOTH SPOKE WITH OVER STUDENT CONDUCT, MALCOLM WOODWARD.
HE IS BEEN MADE AWARE THAT WE HAVE HAD SOME ISSUES WITH THE NOISE AND SO THE UNIVERSITY CAN'T PERMIT A FRATERNITY TO VIOLATE OR BREAK THE LAW. SO HE UNDERSTANDS THAT AND SO HE HAS HAD A TALK WITH HIS STAFF AND THEY HAVE HOPEFULLY PUSHED THE WORD OUT BY NOW LETTING THE STUDENTS AND THE FRATERNITY IS NO THAT IF THEY ARE IN VIOLATION , WHAT OUR PROCESS AND PROCEDURES GOING TO BE. WE WILL SHOW UP, GIVE THEM AN OPPORTUNITY TO TURN IT DOWN. IF WE HAVE TO COME BACK AFTER THAT THEN WE WILL TAKE ENFORCEMENT ACTION.
>> SPEAKER: THANK YOU VERY MUCH.
>> SPEAKER: MEGAN, DO WE GET NOTICE FROM THE UNIVERSITY REGARDING PARTIES WHEN THERE WILL BE AMPLIFIED MUSIC OR
ANYTHING LIKE THAT? >> SPEAKER: CHIEF INTEREST AND WOULD KNOW FROM A PUBLIC SAFETY STANDPOINT IF THOSE PERMITS FOR FRATERNITY PARTIES RUN THROUGH OUR POLICE PRECINCT ON CAMPUS OR NOT. TO WE HAVE AWARENESS?
>> SPEAKER: THEY DO NOT. >> SPEAKER: IS THAT THE BIGGEST PROBLEM? I KNOW THERE'S ALL KINDS OF DIFFERENT THINGS. BLOCK PARTIES, HOUSE PARTIES I ASSUME PROBABLY THE WORST BECAUSE IT IS IN NEIGHBORHOODS.
>> SPEAKER: BELIEVE IT OR NOT, IT IS A TOSSUP BETWEEN SOME OF THE FRATERNITIES HAVING PARTIES AND BUSINESSES.
WE HAVE A LOT OF BUSINESSES THAT HAVE LIVE BANDS AND AMPLIFIED SOUND AND SO WE HAVE A LOT OF COMPLAINTS ABOUT THAT.
>> SPEAKER: IN THE LAST YEAR WE HAVE HAD A FEW FROM FRATERNITY PARTIES THAT HAVE TRAVELED MILES TO THE OTHER SIDE OF INTERSTATE AND WHAT HAVE YOU AND IT HAS BEEN A TREND IN THE LAST 12 MONTHS. IT IS MERELY A GUESSTIMATE AT THIS STAGE BUT I THINK SOME THINGS ARE JUST LOUDER, APPLICATION HAS BEEN TURNED UP, THE VOLUME IS UP.
ONE OF THE THINGS THAT PUBLIC SAFETY HAS BEEN PROACTIVE WITH HIS MEETING THE STUDENT AFFAIRS TO TRY TO WARN.
IT IS NOT AN ATTEMPT TO SHUT DOWN PARTIES IT IS TO GET THEM TO A LEVEL WHEN IT IS CARRIED MILES AWAY TO SUBDIVISIONS.
HAPPEN IN THE FALL AND IT HAPPENED THIS WINTER AND WILL PROBABLY HAPPEN AGAIN THIS SPRING.
TRY TO WORK WITH EVERYBODY TO HAVE A BAND PARTY YOU DON'T HAVE TO BLOW PEOPLE 3 MILES AWAY OUT OF THEIR LIVING ROOMS. BELIEVE ME, I EXPERIENCED ONE OF THOSE THIS FALL AND I LIVE ALMOST FOUR HOURS DOES FOR MOST OF THE PARTYWARE WAS COMING FROM. I COULD HEAR WHAT THE MOVIE WAS -- WHAT THE MUSIC WAS IN MY LIVING ROOM.
I DIDN'T CALL IT A NOISE COMPLAINT THAT WHEN I CHECKED WE HAD A NUMBER OF COMPLAINTS AND WE HAD LOCATED THE SOUND.
THE FRATERNITIES COOPERATE WITH US WHEN WE ARE ABLE TO FIGURE OUT WHERE THE NOISE IS COMING FROM.
I WANT TO BE CERTAIN EVERYONE UNDERSTAND THIS ISN'T A LACK OF COOPERATION. IT SOMETIMES LACK OF AWARENESS.
>> SPEAKER: TO BUSINESSES ANYTIME THEY ARE DOING OUTDOOR EVENTS WITH AMPLIFIED MUSIC OR SOUND DO THEY HAVE TO PROVIDE
ANY PERMITTING FOR THAT? >> SPEAKER: NO, NOT WITH US.
[00:15:05]
>> SPEAKER: ANY OF THE QUESTIONS?
>> SPEAKER: 1200 COMPLAINTS ANNUALLY ON THAT GRAPH, HOW MANY OF THOSE COMPLAINTS AND UP BEING ISSUED A NONTRAFFIC CITATION?
>> SPEAKER: I DON'T HAVE THE NUMBER.
THE MAJORITY I WOULD PROBABLY SAY 1000 OR MORE.
ARE ABLE TO BE SHUT DOWN WITHOUT ANY ISSUES WHATSOEVER.
ONCE WE SHOW UP AND EXPLAIN WHAT THE PROBLEM IS THEY REALIZE THAT IT IS UNREASONABLE AND SOMEONE HAS COMPLAINED.
MOST PEOPLE WILL COMPLY AND SET IT DOWN OR THEY WILL TAKE IT UPON THEMSELVES TO SHUT IT OFF COMPLETELY AND DO SOMETHING
DIFFERENT. >> SPEAKER: ANYBODY ELSE?
>> SPEAKER: IS IT IN FORCE -- ARE YOU MORE LENIENT DURING FOOTBALL GAMES? OR ITS FANS THE SAME? DURING FOOTBALL SEASON LIKE WITH THE MASK -- BASKETBALL AND ALL THAT. ARE YOU ALL MORE LENIENT?
>> SPEAKER: WHAT WE DO IS WE ALLOW THE OFFICERS TO USE DISCRETION. THEY HAVE TO GO OUT AND ASSESS THE SITUATION AND SEE WHAT IS GOING ON, WHAT IT IS, WHAT IS TAKING PLACE. AND I CAN'T TELL AN OFFICER, YOU WILL DO XYZ EVERY TIME YOU SHOW UP.
IT WOULD BE WRONG OF ME TO DO THAT BECAUSE IT TAKES AWAY THEIR DISCRETION. WE TRUST THEM TO GO OUT AND LOOK AT EVERY SITUATION AND MAKE THAT DETERMINATION ON THEIR OWN.
SO WE TRY TO BE LENIENT, WE TRY TO GIVE PEOPLE THE OPPORTUNITY TO HAVE A GOOD TIME. WE WANT PEOPLE TO CELEBRATE ESPECIALLY WHEN AUBERT IS WINNING AND THINGS ARE GOING WELL. BUT WE DON'T WANT TO BE WHERE THEY INFRINGE ON OTHER PEOPLE'S ABILITY TO ENJOY PEACE AND QUIET
>> SPEAKER: AGAIN, THE HUMAN FACTOR BETTER THAN A DECIBEL
METER, I WOULD THINK. >> SPEAKER: ANYONE ELSE?
>> SPEAKER: I LIKE TO SAY I'M IMPRESSED WITH YOU, CHIEF ANDERSON, YOU ARE DOING A GOOD JOB.
>> SPEAKER: I THINK I DID. >> SPEAKER: THANK YOU, CHIEF.
THANKS FOR ALL YOU DO. COMMUNITY ART AND NEURAL
[4. COMMUNITY ART AND MURAL DISCUSSION.]
DISCUSSION MURAL DISCUSSION. CHIEF -- COUNCILPERSON WITTEN.>> SPEAKER: I JUST WANTED TO ASK THIS BODY TO CONSIDER LOOKING AT HOW ART IS INTERACTS WITH OUR COMMUNITY AND HOW WE ALLOW EITHER AN INDIVIDUAL, BUSINESS OR EVEN POSSIBLY OUR OWN MUNICIPAL ART TO BE DISPLAYED THROUGHOUT OUR COMMUNITY. I KNOW WE WERE GOING TO HEAR FROM PLANNING ON SOME THINGS THAT ARE, THE SIGN ORDINANCE AND HOW THAT IMPACTS COMMUNITY ART. BUT I JUST WANTED TO MAKE SURE THAT FOR THE SAKE OF DISCUSSION THAT WE TALK ABOUT ART AS A BENEFIT TO OUR COMMUNITY. I DID A LITTLE BIT OF READING AND RESEARCH. I HAVE A LIFETIME OF EXPERIENCE WITH ARTS AS GROWING UP WITH MY FAMILY BUSINESS AND SO FORTH.
IT IS VERY IMPORTANT TO ME AND I JUST WISH I BELIEVE OUR COMMUNITY IS PRO-ARTS. I JUST THINK WE CAN PROVIDE OTHER VEHICLES AND AVENUES. JUST IN 2018, THIS BODY APPROVED THE PARKS, RECREATION AND CULTURAL MASTER PLAN WHICH SPOKE ABOUT CREATING ART AND GIVING IT MORE VISIBILITY THROUGHOUT OUR COMMUNITY. SO WE HAVE ALREADY DETERMINED THAT THERE IS A NEED FOR THIS CONVERSATION.
AS EARLY AS 2018, EVEN PRIOR TO THAT, AND THEN WE ALSO HAVE REALLY SEVERAL DIFFERENT WAYS THAT WE CELEBRATE OUR TO OUR COMMUNITY THROUGH THE AUBURN ARTS ASSOCIATION, OBVIOUSLY JULE COLLINS SMITH WHICH IS ON CAMPUS, THE MOST RECENT JEEP PACK, WHICH WE SUPPORT AND OUR OWN COMMUNITY ARTS CENTER.
THOSE ARE ALL MORE CONTAINED. WHAT I AM ASKING US TO DISCUSS IS ART WITHOUT BEING CONTAINED IN FOUR WALLS BUT MAYBE ON THE OUTSIDE OF THE WALL OR IN A RIGHT-OF-WAY OR IN A PUBLIC PRIVATE SPACE. THERE ARE MANY BENEFITS TO THAT, AND WE CAN GET INTO THAT, BUT I THINK FOR THE SAKE OF THIS CONVERSATION, I WOULD LIKE FOR US TO HEAR FROM STAFF, MEGAN, ON HOW -- WHERE WE ARE TODAY AND WHERE WE POTENTIALLY NEED TO GO
AS A BODY FOR THIS. >> SPEAKER: WE WILL HAVE PLANNING DIRECTOR STEVE FOOTE AND HE IS GOING TO TALK WHAT THE ZONING ORDINANCE SAYS. WE ARE NOT HERE TO DISCUSS ANY SPECIFIC MURAL CASES, BUT THERE HAS BEEN A QUESTION AS TO WHAT OUR ORDINANCE SAYS. I ALSO WANT TO MAKE SURE EVERYONE UNDERSTANDS THAT WHEN WE HAVE A LAW ON THE BOOKS SUCH AS AN ORDINANCE, THE CITY DOESN'T GET TO PICK AND CHOOSE AS WE JUST DISCUSSED WITH NOISE COMPLAINT, WHICH ORDINANCES WE IN FORCE IN WHICH YOU DO NOT. WE HAVE TO ENFORCE THEM ALL.
[00:20:01]
A LAW ON THE BOOKS TODAY HAS TO BE ENFORCED REGARDLESS OF CIRCUMSTANCES, AND THE CITY COUNCIL DOESN'T HAVE THE ABILITY TO SIT HERE TONIGHT AND CHANGE IN ORDINANCE SUCH AS THE ZONING ORDINANCE OR STATE LAW ADVERTISING REQUIREMENTS AND OTHER THINGS WE NEED TO NOTICE THE PUBLIC.THERE IS BEEN A FEW QUESTIONS CIRCULATING WHAT CAN'T THEY JUST MAKE A CHANGE WOULD ORDINANCE. NOT THAT PARTICULAR ORDINANCE GOVERNED BY STATE LAW IN A VERY SPECIFIC WAY.
I WILL HAVE PLANNING DIRECTOR STEVE FOOTE GO OVER QUICKLY WITH YOU AND WE WILL PUT UP ON THE SCREEN A ONE SLIDE EXPLANATION OF WHAT THE REQUIREMENTS ARE TODAY.
I KNOW COUNCIL YOU HAVE MONITORS IN FRONT OF YOU THAT YOU CAN SEE MORE EASILY. MR. FOOTE?
>> SPEAKER: I WILL START BY SAYING BACK IN 2021, THE PLANNING DEPARTMENT DID LOOK INTO SOME RESEARCH THAT HAPPENED TO BE PERTAINING TO MURALS. AS THEY LOOKED AT THAT INFORMATION, IT KIND OF GREW INTO A BROADER DISCUSSION ON ARTS AND MURALS. THE DUPLICITY OF THOSE TWO SUBJECTS. AFTER THEY DID THAT RESEARCH IT WAS PRESENTED TO THE PLANNING COMMISSION.
THAT WAS PROBABLY I THINK IN JULY OR SO OF 2021, JUST BEFORE I GOT HERE. THAT PRESENTATION ALSO TALKED ABOUT AN ARTS COMMISSION. CREATION OF SOMETHING LIKE AN ARTS COMMISSION. NO ADDITIONAL ACTION HAS BEEN TAKEN SINCE THAT TIME, SINCE THAT PRESENTATION WAS MADE.
WE HAVE RECEIVED SOME QUESTIONS RECENTLY BY SOME PLANNING COMMISSION MEMBERS AS TO THE STATUS OF THIS WHOLE SUBJECT.
I WOULD ALSO TELL YOU THAT ON THE SLIDE YOU HAVE SOME INFORMATION THERE THAT IS TAKEN FROM THE EXISTING REGULATIONS AND THE ZONING ORDINANCE. YOU HAVE A DEFINITION FOR WHAT A MURAL IS, AND BASICALLY DO WHAT I CAN READ IT.
IT IS A SIGN, IT DOESN'T SAY IT IS NOT A SIGN.
OUR DEFINITION IT IS A SIGN BASED ON GRAPHICS AND ARTWORK THAT IS PAINTED, DRAWN, APPLY TO AN EXTERIOR WALL.
IT IS NOT SUPPOSED TO HAVE LOGOS, IMAGES OF PRODUCTS, SERVICES OF THE BUSINESS, THOSE TYPES OF THINGS.
IT IS NONCOMMERCIAL, IF YOU WILL.
THAT IS MENTIONED IN SOME OF THE REST OF THAT DEFINITION.
PAINTED GRAPHICS INCLUDES TYPES OF MURALS AND OTHER TYPES OF SIGNS. THE OTHER THING THAT IS IMPORTANT IN THIS CONTEXT IS THAT WE HAVE ANOTHER SECTION, 604 THAT TALKS ABOUT PROHIBITED SIGNS.
SO THERE IS A LONG LIST OF SIGNS THERE IN LETTER FF, THE LAST ONE ON THE LIST, HIS MURALS. SO MURALS ARE CONTAINED IN THE ZONING ORDINANCE AS A PROHIBITED SIGN.
IF IT MEETS THE DEFINITION OF MURAL BUT NOT JUST ANYTHING PAINTED ON A WALL, LIKE YOU HAVE THE SOUTHEASTERN SIGN PAINTED ON THE WALL IN DOWNTOWN, THAT IS NOT CONSIDERED A MURAL NECESSARILY. IT IS PART OF THE SIGNAGE.
THERE IS A WAY TO DO IT IF IT IS A COMMERCIAL METHOD -- MESSAGE PART OF YOUR SIGNAGE. THAT IS THE DEFINITION IN THE CODE. THE OTHER DEFINITIONS THERE THAT I DON'T THINK I NEED TO GO OVER AT THIS POINT UNLESS YOU HAVE QUESTIONS. IF YOU DECIDED TO LOOK INTO THIS, FOR INSTANCE, YOU KNOW THE PROCESS THAT MEGAN WAS TALKING ABOUT. CITY COUNCIL HAS THE ABILITY TO INITIATE A TEXT AMENDMENT TO THE ZONING ORDINANCE AS IS THE PLANNING COMMISSION. THAT WOULD BE SOMETHING THAT WOULD BE WORKED ON BY STAFF, PRESENTS TO THE PLANNING COMMISSION AND THEY WOULD MAKE A RECOMMENDATION THAT IS FORWARDED TO YOU AND THEN OF COURSE YOU WOULD HAVE TO ADOPT AN ORDINANCE
TO CHANGE THE ZONING ORDINANCE. >> SPEAKER: THANK YOU.
DOES ANYBODY HAVE A QUESTION FOR MR. FOOT?
>> SPEAKER: I DO HAVE A QUESTION.
COULD WE NOT BRING THIS UP TONIGHT TO HAVE A DISCUSSION NEXT WEEK ABOUT TO THEN HAVE IT -- YOU ARE SHAKING YOUR HEAD.
>> SPEAKER: YOU CAN WHICH REMANDED THE PLANNING COMMISSION. NO MATTER WHAT YOU DO EVEN IF YOU WERE TO DISCUSS IT IT HAS TO START WITH PLANNING COMMISSION BECAUSE IT IS A ZONING ORDINANCE CHANGE MEETING THE COUNCIL COULD INSTRUCT THE PLANNING COMMISSION TO DO SO, BUT THIS BODY, I THOUGHT YOU WERE SAYING THIS BODY DOESN'T HAVE THE ABILITY TO CHANGE THE ORDINANCE ITSELF WITHOUT GOING THROUGH A WHOLE PROCESS THAT IS OUTLINED IN STATE LAW, LEGAL ADVERTISING AND SO ON. YOU WANT TO SAYING WE WERE GOING TO SKIP THAT, BUT WE DON'T NORMALLY GO TO THIS BODY TO THEN TURN AROUND. YOU WOULD THEN HAVE A DISCUSSION IF YOU WANT THE PLANNING COMMISSION TO TAKE THIS BACK UP IMMEDIATELY, WHICH MR. FOOTE HAS INDICATED THEY ASKED AT THE MEETING. IF I MAY, MISTER FOOTE, THURSDAY I HEARD FROM ONE PLANNING COMMISSIONER DIRECTLY AND THEY HAD A LITTLE BIT OF A DISCUSSION ABOUT THIS.
I HAD ASKED THEM AM A LET'S JUST WAIT.
THE CITY COUNCIL IS DISCUSSING THIS TUESDAY NIGHT AND LET'S SEE WHAT THE DISCUSSION IS. AND DETERMINE WHAT THEIR DIRECTION IS FROM THERE. WHATEVER THAT MAYBE.
>> SPEAKER: GO AHEAD, CONNIE. >> SPEAKER: WE GOT THIS -- I GUESS THIS QUESTION IS FOR BETH. WHAT ARE WE ACTUALLY DOING? ARE WE TRYING TO CHANGE SOMETHING FROM THE ORDINANCE THAT WE ALREADY HAVE? IF SO, WHAT ARE WE TRYING TO DO DIFFERENT THAN WHAT THE ORDINANCE IS SAYING NOW?
>> SPEAKER: FROM MY PERSPECTIVE I THINK WHAT WE ARE LOOKING AT IS MULTIFACETED. ONE IS TO HAVE A CONVERSATION IN
[00:25:03]
HOW DO WE ALLOW SOMEONE TO FORMALLY REQUEST TO INSTALL OR CREATE A PIECE OF ARTWORK, WHETHER IT IS A MURAL OR SOME OTHER TYPE OF ARTWORK, IS THERE A FORMAL PROCESS BY WHICH SOMEONE COULD GO THROUGH TO ENSURE THE THAT IT IS DONE PROPERLY AND DONE IN KEEPING WITH OUR CULTURE AND OUR EXPECTATIONS OF THE CITY? AND 2, I THINK THIS IS THE REGULATIONS OPERATE IN A DIFFERENT VEIN SILO THAT I WOULD LEAVE TO THE EXPERTS OF PLANNING TO DETERMINE HOW THAT COINCIDES OR CONFLICTS IF IT DOES WITH HAVING A PROCESS BY WHICH SOMEONE WOULD ASK TO HAVE LET'S SAY A MURAL PUT UP ON THE SIDE OF OF THE BUILDING. DOES THAT MAKE SENSE? IT IS REALLY MULTIFACETED, THE CONVERSATION.I WANTED TO THINK ABOUT ALL THINGS -- IT CAME ABOUT WHEN I SAW THAT OUR SIGN ORDINANCE TO ME IT IS AN UNINTENDED CONSEQUENCE THAT IT PROHIBITS MURALS AND ART IN THE FORM OF MURALS. SO I WOULD THINK THAT WE AS A BODY COULD LOOK AT THAT AND DETERMINE HOW IT CAN BE MORE OPEN AND CREATING PUBLIC ART AND OPPORTUNITIES FOR PUBLIC ART.
>> SPEAKER: IS THERE A PROCESS NOW FOR SOMEONE TO APPLY FOR A
MURAL? >> SPEAKER: NO, THERE IS NOT.
ONE OF THE THINGS IS THERE WAS A DOWNTOWN STUDY COMMITTEE IN THE 2009 TIME FRAME. KATIE IS NODDING AT ME.
I WAS PART OF THAT MIDI AND SO WAS KATIE ROBINSON.
WE HAD THREE PLANNING COMMISSIONERS AND THREE CITY COUNCIL MEMBERS AND WE WERE STUDYING A NUMBER OF THINGS ABOUT DOWNTOWN. MURALS WAS ONE OF THE THINGS WE DISCUSSED AT THE TIME. COMMITTEE WAS AT AN IMPASSE AND OPTED TO PAUSE WHERE THE ORDINANCE STANDS TODAY AND RECOMMEND THAT BECAUSE THERE WAS NOT AGREEMENT AMONG ANYONE AT THE TIME ABOUT WHAT THE CITY SHOULD DO ABOUT MURALS.
THIS ISN'T A NEW DISCUSSION AND ART IN PUBLIC PLACES HAS COME UP ON NUMEROUS OCCASIONS. AS WE DO HAVE A CULTURAL ARTS DIRECTOR THAT DOES HAVE IT AS A GOAL, BASED ON THE PARKS & RECREATION MASTER PLAN, TO LOOK AT ART IN PUBLIC PLACES, WHAT WE HAVEN'T DONE TO DATE HAS GOTTEN ANY DIRECTION FROM OUR GOVERNING BODY, YOU, OUR POLICYMAKERS COME ABOUT WHAT YOU WOULD LIKE TO DO THAT IS A BUDGETARY, POLICY -WISE OR OTHER.
AND WHAT YOUR INTEREST LEVEL IS IN ADVANCING.
IT'S NOT A DISCUSSION WE HAVE HAD THE OPPORTUNITY TO HAVE.
SO HERE WE ARE AT THIS POINT WITH COUNCILPERSON WITTEN BRINGING FORWARD THIS VERY ITEM. TO MR. DIXON'S POINT, EXACTLY, TWO WEEKS AGO YOU SAID YOU WANTED TO TALK ABOUT TONIGHT SO YOU ARE DEFINITELY ALL IN ORDER TO TALK ABOUT IT AS YOU WISH TONIGHT BECAUSE YOU AGREED TO TWO WEEKS AGO HE WOULD DO THAT.
WE ARE JUST LOOKING FOR DIRECTION FROM THE COUNCIL OF
THE STAGE. >> SPEAKER: MS. WITTEN AND I AND MAKE IT HAVE BEEN TALKING ABOUT THIS LAST COUPLE OF DAYS AND EVEN LAST WEEK. I WOULD LIKE FOR THE COUNCIL TO MOVE FORWARD WITH THIS CONCEPT TO FORM A STUDY GROUP THAT WOULD HAVE A COUPLE OF COUNCILMEMBERS, MS. WITTEN AND MR. PARSONS IS WHO I WOULD HIGHLY RECOMMEND, AND A COUPLE OF PLANNING COMMISSIONERS, MARCUS MARSHALL AND JANET JAEGER WOULD BE THE TWO THAT I WOULD ASK US TO RECOMMEND.
AND ALLOW THIS GROUP OF FOUR PEOPLE TO SPEND SOME TIME OVER THE NEXT 60 OR 75 DAYS ENGAGING WITH OUR PLANNING STAFF, ENGAGING WITH OUR PARKS AND, ENGAGING WITH PEOPLE IN OUR COMMUNITY WHO ARE INTERESTED IN THIS, AND HELP US UNDERSTAND HOW WE COULD MAKE THIS HAPPEN. I DO BELIEVE THIS IS AN IDEA WHOSE TIME IS COME. IT IS TIME FOR US TO REALLY DIG IN AND UNDERSTAND IT. I DO BELIEVE IT IS ALSO A TIME THERE WAS AN IDEA THAT NEEDS SOME GUARDRAILS KIND OF BUILT TO HOW WEAK ARE GOING TO DO THIS, HOW WILL WE AUTHORIZE IT, HOW WILL WE PROCEED WITH THAT. MS. WITTEN HAS A VERY KEEN PASSION FOR THIS AND I BELIEVE THAT SHE WOULD BE VERY INTERESTED AND EXCITED ABOUT CHAIRING THIS GROUP.
THIS TO BE A STUDY GROUP THAT WAS SPENT SOME TIME OVER THE NEXT TWO AND HALF MONTH DIGGING IN AND HELPING THE REST OF THE COUNCIL REALLY UNDERSTAND WHAT IS THE METHODOLOGY BEHIND HAVING PUBLIC ART AND COMMUNITY ARTS. HOW DO WE GO ABOUT DOING THAT? HOW DO WE MAKE IT THE BEST IT COULD POSSIBLY BE FOR OUR COMMUNITY? I BELIEVE IS VERY INTERESTED IN
MAKING THAT HAPPEN. >> SPEAKER: WOULD THERE BE A RECOMMENDATION BY THE END OF THE STUDY?
>> SPEAKER: CERTAINLY I BELIEVE THERE WOULD BE RECOMMENDATION FROM THAT GROUP. I WOULD ASK THEM.
>> SPEAKER: IF IT IS A PARAMETER YOU SET FOR IT TO COMMONLY USE WHEN WE USED TO STUDY COMMITTEES IN THE PAST IS A JOINT SESSION WHERE THE GROUP COMES BACK AND THEY DO IT IN THE INTERIM FASHION. IF THEY ARE IN A HURRY WITH A PIECE OF IT AND THEN WORKING ON SOMETHING ELSE, THAT THEY WILL MAKE A REPORT TO A JOINT GROUP OF THE PLANNING COMMISSION AND CITY COUNCIL ABOUT WHAT THEY HAVE LEARNED AND WHAT THEIR RECOMMENDATIONS ARE. AND THEN IT GOES FROM THERE, THINGS THAT WOULD GO TO PLANNING.
IF YOU GUYS WERE TO DECIDE, OKAY IT'S IN OUR COMMISSION AND THAT'S WHAT THEY RECOMMEND AND THEY WOULD BE MAKING RECOMMENDATIONS TO THE COUNCIL, WE THINK THIS IS A GOOD IDEA AND
[00:30:03]
HERE'S WHY. I DO THINK IT IS IMPORTANT, THE MAYOR HIT ON TWO AND HALF MONTHS OR THREE AND HALF MONTHS TIME FRAME THAT THIS HAVE IT A BEGINNING AND A CLEAR AND AND HIS PURPOSE STATED BY THE COUNCIL FOR WHAT THE MARCHINGORDERS ARE. >> SPEAKER: I WOULD LIKE TO SHARE THAT I WOULD HAVE A LOT OF INTEREST IN BEING A PART OF THAT COMMITTEE. I AM I VIEW MYSELF AS AN ARTIST.
I THINK I MIGHT HAVE SOME PERSPECTIVE TO ADD.
>> SPEAKER: ANYONE ELSE? EVERYBODY OKAY WITH THAT? TONIGHT WHY DON'T WE AGREE THAT WE WILL PUT A STUDY GROUP TOGETHER AND I WOULD LIKE TO CERTAINLY RECOMMEND THAT MS. WITTEN BE THE CHAIR OF THAT STUDY GROUP AND WE WILL IDENTIFY THE REST OF THE MEMBERS HERE IN THE NEXT COUPLE OF DAYS.
STUFF I DON'T WANT TO BE ON IT. >> SPEAKER: THANK YOU, TOM.
(LAUGHTER) >> SPEAKER: I DIDN'T WANT TO HURT YOUR FEELINGS BUT YOU ARE NOT UNDER CONSIDERATION.
(LAUGHTER) >> SPEAKER: MAYOR, I WOULD LIKE TO CLARIFY A TIMELINE OF WHAT WE ARE TALKING ABOUT.
MY ONLY FEAR IS THAT THIS WOULD BE OUT IN NO MAN'S LAND FOR LITTLE WHILE. WE ARE TALKING ABOUT A FEW WEEKS WORTH OF STUDY, TO THEN PROPOSED TO THE PLANNING COMMISSION TO DRAFT A NEW ORDINANCE. AND LITTLE MORE CLARIFICATION.
>> SPEAKER: SURE. IT WOULD BE MY RECOMMENDATION THAT WE SPEND 60 DAYS, MAYBE 75, MAYBE MAY 1 -- THAT THIS GROUP WOULD COME BACK AND GIVE US SOME TYPE OF REPORT AS TO WHERE THEY WERE. THAT REPORT WOULD SIGNAL A MEETING BETWEEN THE PLANNING COMMISSION AND THE CITY COUNCIL.
WE WOULD HAVE A WORK SESSION. THEY WOULD MAKE A FORMAL PRESENTATION OF THE FINDINGS. AT THAT MEETING WE WOULD DECIDE WHERE TO GO FROM THERE. MR. HOLE IT, I WOULD SAY THAT WE WOULD GET OUR INITIAL REPORT FROM THEM ON MAY THE 1ST THAT I WOULD ASK THAT THAT BE THE TIME TO PUT ON THERE AND THEN GO FROM THERE. SO MAY 1 WE WOULD GET SOME TYPE
OF REPORT. >> SPEAKER: THE GOAL OF THAT REPORT IS TO DETERMINE WHETHER OR NOT WE NEED TO MAKE CHANGES?
>> SPEAKER: ABSOLUTELY. I THINK THE GOAL WOULD BE TO GIVE A SOME SORT OF IDEA OF WHAT THEY HAVE FOUND AND THAT WOULD BE THE CATALYST FOR US TO HAVE A WORK SESSION WITH THE PLANNING COMMISSION AND DISCUSS THOSE MORE THOROUGHLY.
>> SPEAKER: OR PERHAPS PROPOSE CHANGES.
>> SPEAKER: ABSOLUTELY. THAT WOULD ALL BE PROPOSED.
ARE YOU GOOD? >> SPEAKER: YEAH.
>> SPEAKER: ANYONE ELSE? I WILL GET WITH THE CITY MANAGER WE WILL FORMALIZE THIS IN THE NEXT COUPLE OF DAYS AND GET
[5. QUESTIONS ON THE AGENDA.]
SOMETHING OUT EVERYBODY. ANY QUESTIONS ON THE AGENDA?>> SPEAKER: MAYOR, IF I MAY. WE HAVE ONE ADDITION TO THE AGENDA. THERE IS AN AGENDA ON THE DAIS AND THAT IS 783 WE HAD A RESIGNATION OF A PLANNING COMMISSIONER OF A LETTER WAS COMMITTED TO YOU YESTERDAY EVENING. I HAVE ADJUSTED THE AGENDA TO INCLUDE A VACANCY ANNOUNCEMENT FOR AN UNEXPIRED TERM THAT WOULD BEGIN IMMEDIATELY. IMMEDIATELY IS A RELATIVE TERM BECAUSE YOU HAVE A BOARD AT COMMISSION PROCESS THAT WAS ADOPTED IN JANUARY OF 2019 THAT SAYS, WITH PLANNING COMMISSION WE MUST ADVERTISE A VACANCY FOR AT LEAST FOUR WEEKS AND THEN 29 DAYS BEFORE THE MEETING IS WHEN WE CLOSE APPLICATIONS TO GIVE YOU THE OPPORTUNITY TO REVIEW APPLICATIONS AND TO PERFORM INTERVIEWS. WHAT THAT REALLY MEANS IN ENGLISH IS WE WOULD ADVERTISE STARTING TOMORROW THROUGH AS WRITTEN, THROUGH MARCH 21 WOULD BE 29 DAYS BEFORE THE APRIL 19 MEETING. BECAUSE THAT IS WHAT YOUR POLICY SAYS. YOU HAVE AN UNEXPIRED TERM, BUT YOU ARE IN AN EIGHT PLUS WEEK PROCESS TO FILL THAT SEAT.
THIS PLANNING COMMISSIONER HAS DEFINED -- RESIGNED EFFECTIVE IMMEDIATELY SO THAT WOULD BE A VACANT SEAT UNTIL SUCH TIME AS
YOU FILL IT. >> SPEAKER: SO BASED ON OUR CURRENT POLICY AND RULES, IT WOULD BE VERY DIFFICULT FOR US TO HAVE SOMEBODY IN PLACE FOR THEIR MARCH MEETING.
>> SPEAKER: YES, IT WOULD NOT MEET YOUR RULES OUT ALL.
AS A MATTER FACT IT DOESN'T MEET YOUR RULES FOR THE APRIL MEETING. THE WAY THE RULES ARE TRACKING YOU WOULD MAKE THIS APPOINTMENT AT THE APRIL 19 MEETING, WHICH WOULD BE TWO MONTHS OF BEING ABSENT ONE PLANNING COMMISSIONER
FOR SURE. >> SPEAKER: SO IF THE GOAL WAS TO HAVE SOMEBODY IN PLACE FOR THE APRIL MEETING, WHICH IS BEFORE OUR APRIL 19 MEETING, APRIL 14 I BELIEVE, WE WOULD NEED TO SUSPEND OUR RULES IN SOME FORMAT TO ALLOW A QUICKER
PROCESS? >> SPEAKER: YEAH, YOU CAN PICK THAT UP TO THE COUNCIL. I'M NOT SURE AS I READ THIS AND I THINK COUNCILPERSON WITTEN AND GRISWOLD COULD SPEAK TO THIS, IF WE CONTEMPLATED OR IF THEY DID, THE GROUP DEALING WITH IT AN UNEXPIRED TERM AND WE HAVE A BACK AND SEE, PLANNING COMMISSION TERM RUNS SIX YEARS. ANOTHER IMPORTANT THING THIS VACANCY WOULD COME UP IN 2023. YOU ARE FILLING A LAST ABOUT 15 MONTHS OF THE TERM AND SO I DON'T KNOW THAT THAT WAS CONTEMPLATED WHEN MAKING THE POLICY.
I THINK IT WAS MORE IN READING IT FOR OUR REGULAR APPOINTMENTS
[00:35:06]
WHEN VACANCIES COME AFTER A SIX-YEAR TERM IS BEEN FULFILLED.>> SPEAKER: OKAY. ANY OTHER QUESTIONS ON THE AGENDA? WE WILL TALK ABOUT THIS MORE
DURING THE REGULAR AGENDA. >> SPEAKER: I DON'T HAVE A QUESTION ON THE AGENDA BUT I WAS WONDERING IF YOU COULD GIVE US AN UPDATE ON THE OPELIKA RD. COMPLETION.
>> SPEAKER: THE OPELIKA RD. COMPLETION, I UNDERSTAND THE SENTIMENT IN THE COMMUNITY AND I WISH I COULD TELL YOU WE CAN MOVE IT UP FASTER. WE CAN'T MAKE IT GO FASTER.
OUR HOPE IS MAY RIGHT NOW. THERE'S GOING TO BE MORE PAIN IN THE MONTH OF APRIL, I BELIEVE IT MAY BE LATE MARCH.
WHERE THEY ARE ACTUALLY GOING TS IN FRONT OF KNIPPERS.
THERE IS CONCRETE IN THE ROAD THAT WAS NOT ANTICIPATED.
AND INITIAL PLANS. THAT HASN'T BEEN AWAY A WAY FOR US TO SAFELY GET A LANE OPEN AND WHY IT'S CONFUSING TO THE PUBLIC. BELIEVE ME THE CITY ENGINEER HEARS FROM A KNOT FIVE BUT SEVEN DAYS A WEEK ABOUT LET'S FINISH OPELIKA RD. I HAVE HEARD ALL OF THE COUNCIL MEMBERS AND CITIZENS AND YES THERE IS MUCH BANTER ON SOCIAL MEDIA. IF WE CAN MAKE IT GO FAST WE WOULD. I ALSO NEED TO REMIND EVERYONE WE HAVE CONTRACTUAL OBLIGATIONS THAT WE HAVE TO MEET AND ADHERE TO AS DOES CONTRACTOR. WE WILL DEAL WITH THOSE ACCORDINGLY. RIGHT NOW OUR CURRENT SCHEDULE IS MAY. BUT I DO NEED TO WARN YOU, THE INSIDE LANE OR A LOT OF PEOPLE CALL IT THE LEFT LANE, WILL AND UP SHIFTING AND THE LEFT LANE ON BOTH SIDES WILL BE CLOSED FOR A PERIOD OF TIME WHILE THEY HAVE TO FORM UP CURB AND IN ESSENCE IT GOT ARE CURBING FOR THE MEDIAN THAT WILL BE INSTALLED IN THE MIDDLE OF THE ROAD THERE. THERE IS STILL A GOOD BIT OF WORK TO DO. WE ARE HOPEFUL FOR MAY BUT I
WILL MAKE NO GUARANTEES. >> SPEAKER: THANK YOU.
>> SPEAKER: MOVED TO ADJOURN? US BACK SO SO MOVED.
>> SPEAKER: MAYOR, I HAVE A QUESTION.
MS. CROUCH, CAN YOU TELL US WHERE WE ARE IN REDISTRICTING?
WHO DO WE NOTIFY? >> SPEAKER: THE ASSISTANT CITY CLERK WILL CORRECT ME IF I'M WRONG I BELIEVE THAT RAN IN THE VILLAGER LAST THURSDAY THE TENTH OF MARCH.
FEBRUARY. WE ARE STILL WORKING TO SCHEDULE A MEETING WITH JUDGE ENGLISH ABOUT PULLING LOCATIONS.
THERE'S BEEN MUCH DISCUSSION ABOUT THAT TO THE CITY IS NOT GOING TO SEND ANYTHING OUT UNTIL WE HAVE COMPLETED.
THERE COULD BE SOME POLLING LOCATION CHANGES BASED ON WHETHER OR NOT WE ARE ABLE TO USE SAY THE COLISEUM AT THE UNIVERSITY, WHAT WARDS ARE THAT INVOLVE.
WE WILL SEND OUT SOME POSTCARDS ONCE THAT IS DECIDED.
I WILL ADMIT TEN YEARS AGO WE HAD A LOT OF TROUBLE.
THE VAST MAJORITY OF THE POSTCARDS WE SENT PEOPLE CHANGED ADDRESSES AND WHATEVER. WOULD DO OUR BEST TO REACH PEOPLE, BUT A LOT OF THEM BOUNCE BACK.
WE DO THAT BASED ON OUR DATABASES AND NOT A REGISTERED VOTER ACCOUNT, JUST TRYING TO CATCH EVERYBODY IN THE CITY.
WE WILL MAKE EVERY EFFORT AGAIN TO NOTIFY PEOPLE.
IT IS NOT GOING TO BE ANYTIME SOON UNTIL WE GET PULLING
LOCATIONS IDENTIFIED. >> SPEAKER: HOW LONG DO YOU
ANTICIPATE THAT BEING? >> SPEAKER: UNTIL WE HAVE A MEETING, NOT SURE. THAT MEETING HAS YET TO BE SCHEDULED. WE ARE WORKING TO GET IT
SCHEDULED. >> SPEAKER: THANK YOU.
>> SPEAKER: DO YOU THINK THE GUARD ARMORY?
>> SPEAKER: MR. DORTON WILL CORRECT ME, OUR DIRECTOR OF PUBLIC PUBLIC AFFAIRS. MY UNDERSTANDING IS THE ARMORY IS A REALLY BIG CHALLENGE BECAUSE OF PARKING AND SHUG JORDAN PKWY. AND SPEEDS AND PEOPLE PARK UP AND DOWN SHUG JORDAN PKWY. AND WE ARE CONCERNED ABOUT SAFETY.
I DON'T BELIEVE WE HAVE ANY INTENTION.
MR. DORTON, OF REINSTITUTING THAT AS A POLLING LOCATION AT LEAST FOR CITY PURPOSES. I WOULD SAY FOR GENERAL-PURPOSE WE ARE DOING EVERYTHING WE CAN. YOU HEARD DISCUSSION DURING REDISTRICTING ABOUT PEOPLE VOTING IN DIFFERENT PLACES.
STATE AND FEDERAL ELECTIONS HAVE DIFFERENT PULLING LOCATIONS AND YOU COULD LIVE SAY UP HEATH RODE AND HAVE TO VOTE AT THE FIRE STATION ON HIGHWAY 280. EVEN THOUGH YOU ARE A RESIDENT OF AUBURN, HE ALSO VOTE THERE WITH RESIDENTS OF THE COUNTY AND OTHER ELECTIONS. WE HAVE A LOT OF COMPLAINTS ABOUT THAT LOCATION BECAUSE THERE PARKING ON U.S. HIGHWAY 280. PEOPLE GOING BY AT 75 MILES PER HOUR. WE ARE WORKING ON THOSE THINGS WITH THE COUNTY BUT WE HAVEN'T HAD THAT DISCUSSION YET.
JUDGE ENGLISH HAS BEEN VERY FORTHCOMING THAT HE WANTS TO BE WITH US ABOUT IT AND WE HAVEN'T BEEN ABLE TO GET SCHEDULES
ALIGNED. >> SPEAKER: SO OUR NEW WARDS
AREN'T IN EFFECT YET? >> SPEAKER: THEY ARE IN EFFECT.
THEY WERE PUBLISHED ON FEBRUARY 10.
>> SPEAKER: WAS THAT YOUR QUESTION?
>> SPEAKER: YEAH, PART OF IT. I WANTED TO KNOW WHERE WE ARE
WERE HEADED WITH THAT. >> SPEAKER: THE ORDINANCES ARE NOT EFFECTIVE UNTIL THEY ARE PUBLISHED AND THE PUBLICATION DATE WAS FEBRUARY 10. THEY ARE NOW EFFECTIVE.
IF YOU HAVE YOU ASKED, WHO DO CITIZENS GO IF WARD LINES IS CHANGED. THE ANSWER IS RESTATEMENT DOESN'T SPEAK TO THAT. SO IT CITIZENS SHOULD GO TO EITHER THEIR CURRENT COUNCILMEMBERS THEY THINK THEIR WARD HAS CHANGE OR THEIR FUTURE COUNCILMEMBER.
THEY SHOULD JUST GO TO THE COUNCIL MEMBER THEY ARE COMFORTABLE WITH. OR WOULD LIKE TO CONTACT.
WE ARE IN A REDISTRICTING CYCLE WHERE IT IS FALLING IN YOUR TERM, NOT YEARS OUT. IT IS FALLING IMMEDIATELY SO THAT MAKES IT A LITTLE BIT DIFFERENT THAN USUAL.
>> SPEAKER: SO REDISTRICTING IS TECHNICALLY IN EFFECT NOW?
>> SPEAKER: IT IS IN EFFECT NOW.
IN TERMS OF THE CITY ATTORNEY ISSUED AN OPINION TO ME MONTHS AGO, SEVERAL OF YOU HAVE IS VERY QUESTION, IF PEOPLE WERE IN WARD
[00:40:04]
ORDER TO A NOW THAN WARD THREE SHOULD THEY COUNCIL EITHER WARD TO COUNCILPERSON OR WARD THREE. IT IS UP TO THEM.OR ANY OF YOU. I HAVE FOUND IN MY YEARS YOU WILL HELP ANY CITIZEN WHO HAS QUESTIONS.
>> SPEAKER: ALL RIGHT. ANY OTHER QUESTIONS.
>> SPEAKER: MAYOR, IF YOU WERE TO SUSPEND THE RULES YOU WOULD NOT DO DURING THE COUNCIL MEETING.
ABOUT THE PLANNING COMMISSION APPOINTMENT.
I'M JUST MAKING AN ANNOUNCEMENT. >> SPEAKER: WOULD TONIGHT BE
THE TIME AND TO DO THAT? >> SPEAKER: ONE OF OUR CHALLENGES IS WHEN WE POST TO THIS WE NEED TO INFORM CITIZENS ABOUT WHEN APPLICATIONS CLOSE. THIS GOES LIFE BASICALLY MIDNIGHT TONIGHT BECAUSE IT IS TECHNICALLY LIVE ON THE 16TH OF FEBRUARY. SO I DON'T WANT TO POST SOMETHING WITH A DATE SAYING YOU HAVE FOUR OR FIVE WEEKS TO GET YOUR APPLICATION IN AND THEN CHANGE IT TOMORROW AFTERNOON TO BE A DIFFERENT TIME FRAME BECAUSE THAT MIGHT CONFUSE CONFUSING PEOPLE. IF YOU ARE GOING TO CHANGE THAT WE NEED TO SIGNAL TO THE PUBLIC WHAT WE ARE DOING.
>> SPEAKER: OKAY. SO IF THE GOAL FOR THE COUNCIL IS TO HAVE SOMEBODY COME ON APPOINTMENT DATE OF APRIL 5, WHICH ALLOWS THAT PERSON TO BE AT THE APRIL PLANNING COMMISSION MEETING, THERE IS ONLY GOING TO BE ONE MEETING WITH ONE LESS PLANNING COMMISSIONER. THAT POTENTIALLY WE COULD SET THE APPLICATIONS IN PROCESS BEGINNING TONIGHT.
THAT COULD GO FOR A COUPLE OF WEEKS, MEGAN, INTERVIEWS, POTENTIALLY COULD BE THE WEEK OF THE 14TH TO THE 18TH.
THEY COULD ACTUALLY BE THE WEEK AFTER THAT POTENTIALLY AND THEN AN APPOINTMENT WOULD BE ON TUESDAY NIGHT APRIL 5.
BUT TO DO THAT WE HAVE TO SUSPEND THE RULES.
>> SPEAKER: YOU WOULD NEED TO MOVE TO SUSPEND THE RULES I WOULD SAY THOSE DATES IF THAT'S WHAT YOU WANT TO DO.
THAT IS UP TO THE COUNCIL. >> SPEAKER: SO WE NEED TO HAVE
THIS DISCUSSION RIGHT NOW. >> SPEAKER: IT WOULD BE OUT OF ORDER DURING THE COUNCIL MEETING.
>> SPEAKER: ONCE AGAIN, COUNCILMEMBERS, THE GOAL IS TO ONLY HAVE ONE PLANNING COMMISSION MEETING WHERE THERE IS ONLY EIGHT POTENTIAL MEMBERS THERE.
AND SO TO DELIVER THIS NEW PLANNING COMMISSIONER TO THE APRIL 14TH MEETING, WE WOULD HAVE TO SUSPEND OUR RULES, WHICH WOULD MAKE US HAVE TO SPEED THE PROCESS UP A LITTLE BIT.
>> SPEAKER: MAY ASK A QUESTION? TO REFRESH MY BRAIN, OUR NORMAL APPOINTMENTS, HOW LONG DO WE KEEP THOSE APPLICATIONS OPEN?
>> SPEAKER: IT'S A FOUR WEEK MINIMUM, OR 29 -- IT SAYS IT HAS TO BE CLOSED 29 DAYS BEFORE YOU APPOINT.
>> SPEAKER: FOR PLANNING COMMISSION?
>> SPEAKER: FOR PLANNING COMMISSION AND THE BOARD OF EDUCATION BECAUSE I WILL ANNOUNCING THAT LATER AS WELL.
>> SPEAKER: FOR ARNON INTERVIEWING COMMISSIONS.
>> SPEAKER: I DON'T BELIEVE THERE IS NO RUSH I WILL HAVE TO REREAD. LINDSAY, YOU KNOW OFF THE TOP OF
YOUR HEAD? >> SPEAKER: IS USUALLY LIKE A MONTH INAUDIBLE -- (INDISCERNIBLE).
>> SPEAKER: I'M NOT TRYING TO RUSH YOU.
THAT IS YOUR CALL, BUT YOUR RULES SAY SOMETHING SPECIFIC.
IF YOU ARE GOING TO MAKE ANY CHANGE TO THAT YOU NEED TO DO IT AND I'M NOT SURE HOW WOULD YOU FEEL ABOUT US POSTING AND THEN CHANGING. IF SOMEBODY GOES IN THERE AND LOOKS AND THEN WE CHANGE THE DEADLINE AND MOVE IT UP THEY MIGHT NOT HAVE AWARENESS. BEFORE WE POST I WOULD LIKE TO
KNOW WHAT THE DEADLINE IS. >> SPEAKER: SO MACON, WE COULD LEAVE THE APPLICATIONS UP FOR THREE WEEKS, POTENTIALLY?
>> SPEAKER: YOU CAN DO WHATEVER YOU WISH IF YOU SUSPEND THE RULES IT'S GIVING YOU ENOUGH TIME TO INTERVIEW WAS YOUR GOAL, TO REVIEW APPLICATIONS AND GIVE YOU TIME TO INTERVIEW.
>> SPEAKER: SO IF THE APPLICATION PROCESS WENT LIVE TONIGHT, IT COULD POTENTIALLY FOR THREE WEEKS THAT WOULD PUT IT MARCH 9, TENTH, SOMETHING LIKE THAT.
I'M GUESSING I'M NOT LOOKING AT A CALENDAR.
THAT WOULD BE ABOUT THREE WEEKS. >> SPEAKER: MARCH 9.
>> SPEAKER: MARCH 9. >> SPEAKER: THAT WOULD BE A
5 PM CLOSE. >> SPEAKER: THAT HIS THREE FULL WEEKS OF BEING AVAILABLE. AND THAT GIVES THE COUNCIL A COUPLE OF WEEKS THERE TO SCHEDULE INTERVIEWS BEFORE AN
APRIL 5 MEETING. >> SPEAKER: RIGHT, BECAUSE THE APPOINTMENTS, YOU DON'T PUT WHO YOU ARE POINTING ON THE AGENDA.
YOU HAVE ALL THE WAY UP UNTIL THE COUNCIL MEETING TO CONDUCT THOSE INTERVIEWS. THAT GIVES YOU WHATEVER TIME FRAME. IF MARCH 9 IS WHAT YOU WANT TO GO WITH THAT'S FINE. IT IS YOUR CHOICE ABOUT APPLICATION REVIEW AND TIME FOR INTERVIEWING.
>> SPEAKER: AND THE WEEKS AFTER THAT, MS. CROUSE, ON MARCH THE 14TH, 18TH AND THEN IT WOULD BE MARCH THE 21ST 2 THE 25TH?
>> SPEAKER: YES. >> SPEAKER: COUNCIL, CONTINUE TO WORK WITH US HERE. I'M SORRY THAT THIS WAS ALL A SURPRISE TO EVERYONE. IT WAS YESTERDAY AFTERNOON.
IF THE APPLICATIONS GO LIVE TONIGHT AND THE APPLICATION IS AVAILABLE FOR THREE WEEKS, THAT WOULD PUT IT ON MARCH THE 9TH.
THAT WOULD GIVE THE CITY COUNCIL A COUPLE OF WEEKS TO SCHEDULE THE INTERVIEWS AND THEN THAT WOULD GIVE US ABOUT TO MAKE THEIR OWN MIND UP WHO THEY WOULD LIKE TO SUPPORT FOR THIS APPOINTMENT ON APRIL 5. IS EVERYBODY COMFORTABLE WITH THAT TIME SCHEDULE? EVERYBODY COMFORTABLE WITH THAT?
SO MEGAN, HOW DO WE FORMALIZE? >> SPEAKER: SOMEONE NEEDS TO MOVE TO SUSPEND THE RULES WITH THOSE DATES THAT WOULD BE -- AND
[00:45:05]
THEN GET A SECOND. >> SPEAKER: WHY DON'T I MAKE A MOTION. I WILL ASK THE CITY COUNCIL MAKE A MOTION TO SUSPEND THE RULES FOR THE NEW PLANNING COMMISSION APPOINTMENT WITH APPLICATION AVAILABLE FROM FEBRUARY 16 TO MARCH 9. THE INTERVIEWS WILL BE EITHER MARCH THE 14TH THROUGH 18TH OR MARCH THE 21ST THROUGH 25TH TWO A DAY TO BE DETERMINED. FOR THE APPOINTMENT TO BE MADE
ON APRIL THE 5TH. >> SPEAKER: SECOND.
>> SPEAKER: MOTION AND SECOND TO SPEND THESE ROLES.
ANY OTHER CONVERSATION OR QUESTIONS? EVERYBODY OKAY? ALL IN FAVORITE? AND YOU'LL POST? THAT MOTION CARRIES.
THANK YOU FOR REMINDING ME ON THAT.
CERTAINLY WE THANK MR. LAZENBY FOR HIS SERVICE AND WISH HIM WELL AND HE SERVED FIVE GREAT YEARS ON THE PLANNING COMMISSION AND WE APPRECIATE HIS SERVICE APPEARED T
* This transcript was compiled from uncorrected Closed Captioning.