Mar 14, 2023 City Council

[1. CALL TO ORDER]

[00:00:13]

COUNCILMAN: MARCH 14, 2023. WELCOME TO ALL TO ATTEND THIS EVENING. WE WELCOME THOSE LISTENING ON WAN I AND WATCHING THROUGH OUR LIVE STREAM ON YOUTUBE AND FACEBOOK. THIS

TIME CALLED THE ROLE. LINDSAY? >> ADAMS? HERE.

>> DAWSON? >> HERE. >> GRISWOLD.>> MORMON.

>> HERE. >> PARSONS. >> TAYLOR.

>> HERE. >> INCORPORATED WIN. >> ANDERS.

>> HERE. >> PLEASE TRANSFER THE PLEDGE OF ALLEGIANCE AND REMAIN

STANDING FOR A MOMENT OF SILENCE. >> 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. PLEASE BE SEATED.

[4. MAYOR AND COUNCIL COMMUNICATIONS]

[MUSIC] >> WE ARE EXCITED TO INTRODUCE YOU TO OUR MARCH EMPLOYEE OF THE MONTH. I MEMORANDUM HERE THAT'S BEEN WRITTEN BY ALISON EDGE, FINANCE DIRECTOR, WITH TRACY BOS, REVENUE.MONTH FOR WITH TRACY BOS, REVENUE.[INDISCERNIBLE] I AM PLEASED TO NOMINATE AMY WHITMAN AS EMPLOYEE OF THE MONTH FOR MARCH 2020.. AMY BEGAN HER CAREER WITH THE CITY OF AUBURN IN MAY 2016 AS AN ADMINISTRATIVE ASSISTANT IN PUBLIC SAFETY AFTER SERVING 20 YEARS WITH A FLORIDA UTILITY COOPERATIVE. IN MAY 2021, AND HE WAS PROMOTED TO UTILITY BILLING OFFICE MANAGER. IN HIS MAJOR FOCUS IS THE NEW OFFICE MANAGER AND STAFF DEVELOPMENT AND TRAINING IN DAILY OFFICE OPERATIONS. AMY MADE A CONSCIOUS EFFORT TO GET TO KNOW THE STAFF TO BETTER UNDERSTAND WHAT MOTIVATES THEM WHAT THEIR STRENGTHS ARE AND HOW THEY ENVISION THEIR CAREER PROGRESSING WITH THE CITY. SHE ALSO GATHERED THEIR THOUGHTS ON HOW THE OFFICE COULD BE MADE MORE EFFICIENT. ARMED WITH BETTER UNDERSTANDING OF STAFFING CHALLENGES IN THE OFFICE, AMY BEGAN TO MAKE CHANGES. ONE SIGNIFICANT CHANGE WAS UPDATING PROCEDURES FOR EACH POSITION IN THE OFFICE AND ENSURING THERE WAS A FULLY TRAINED BACKUP PERSON FOR EACH POSITION. THIS PROVED TO BE A CRITICAL MOVE BECAUSE WITHIN THE FIRST FEW MONTHS OF HER PROMOTION, AMY HAD TO FILL FOUR VACANT POSITIONS. HER WORK IN DEVELOPING MORE COMPREHENSIVE PROCEDURES RESULTED IN A SMOOTH HIRING AND TRAINING PROCESS. AMY HAS DEVELOPED POSITIVE RELATIONSHIPS WITH THE OFFICE STAFF AND ENCOURAGES THEM TO BE THE VERY BEST THAT THEY CAN BE. ANOTHER OF AMY'S RESPONSIBILITIES INCLUDES ASSISTING CUSTOMERS WITH PAIN OPTIONS. LAST YEAR AMY LEARNED ABOUT A PROGRAM ADMINISTERED BY THE STATE OF ALABAMA, AND IT PROVIDES FUNDING TO LOW INCOME INDIVIDUALS FOR UTILITY BILLS. THIS REQUIRED RESEARCH AND EVALUATION COURT PRIOR TO PRESENTED AGREEMENT TO THE WATERWORKS BOARD FOR THEIR APPROVAL. HER WORK INSURED THAT QUALIFYING CITIZENS WERE ABLE TO REQUEST ASSISTANCE WHEN IN NEED. AMY'S MANAGEMENT AND CUSTOMER SERVICE SKILLS DEMONSTRATE HER DEDICATION TO THE CITY AND TO THE WATERWORKS BOARD. IT'S FOR THESE REASONS AND MORE THAT I NOMINATE AMY IS THE MARCH 2023 EMPLOYEE OF THE MONTH. CONGRATULATIONS. WE APPRECIATE IT. [MUSIC] WHILE THE CITY OF AUBURN, ONE OF THE PROUDEST PARTNERSHIPS AND RELATIONSHIPS IS WITH OUR OUTSTANDING STUDENTS AT AUBURN UNIVERSITY. EACH MONTH WE WORK WITH THE STUDENT GOVERNMENT ASSOCIATION OF AUBURN UNIVERSITY TO HAVE A BREAKFAST TO MEET WITH EACH INDIVIDUALS AND LEADERSHIP TEAM TO TALK ABOUT THINGS WE HAVE IN COMMON AS WE LIVE LIFE HERE IN AUBURN. TODAY WANT TO PRESENT A RESOLUTION TO MS. OLIVIA SOTHERLAND WHOSE REPRESENTED THE STUDENT GOVERNMENT

[00:05:05]

GRANTS ON BEHALF OF THE CITY OF AUBURN IN AUBURN UNIVERSITY, WE'VE ENJOYED A LONG-STANDING PARTNERSHIP FOR MORE THAN A CENTURY AND 1/2, MUTUALLY BENEFITING FROM ANOTHER'S SUCCESSES. WHERE IS THE AUBURN UNIVERSITY STUDENT GOVERNMENT ASSOCIATION APPOINTED DIRECTOR OF CITY RELATIONS AS PART OF ITS CABINET TO SERVE AS A LIAISON BETWEEN AUBURN UNIVERSITY AND THE CITY OF AUBURN FURTHERING THE RELATIONSHIP BETWEEN THE TWO.

WHEREAS OLIVIA SOTHERLAND HAS DONE AN OUTSTANDING JOB DURING HER TIME AS DIRECTOR OF CITY RELATIONS, ATTENDING CITY COUNCIL MEETINGS, SERVING AS A POINT OF CONTACT FOR JOINT ENDEAVORS BETWEEN THE CITY AND THE STUDENT BODY AND BEING A VOICE OF THE AUBURN UNIVERSITY STUDENT BODY IN AUBURN CITY GOVERNMENT. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL IN THE CITY OF AUBURN, ALABAMA, THAT THE CITY COUNCIL EXPRESSES ITS SINCERE APPRECIATION TO OLIVIA FOR HER DEDICATED SERVICE AND BE IT FURTHER RESOLVED THAT A COPY OF THIS RESOLUTION BE SPREAD UP IN THE MINUTES OF THIS MEETING AND PRESENTED TO OLIVIA AS A KEEPSAKE. ADOPTED AND APPROVED BY THE CITY COUNCIL OF AUBURN, ALABAMA, THIS 14TH DAY OF MARCH 2023. THANK YOU, LYDIA, FOR ALL YOUR HARD WORK. WE APPRECIATE YOU. [MUSIC]

>> CONGRATS TO ALL OF OUR EMPLOYEES, AMY WHITMAN FOR BEING OUR EMPLOYEE OF THE MONTH. WHAT A GREAT JOB SHE HAS DONE. ALL SERVICE AWARDS, ESPECIALLY WHEN A RECOGNIZE LOT AND PAUL AND BROCK FOR THEIR RETIREMENT AND WISH THEM WELL AS THEY MOVE FORWARD. OLIVIA, YOU WILL BE ON THE AGENDA IN A MINUTE. SEE YOU IN A SECOND. DURING THE COMMITTEE OF THE WHOLE EARLIER, THE CITY COUNCIL APPOINTED TWO NEW MEMBERS TO THE COMMERCIAL DEVELOPMENT AUTHORITY, PAUL WILLIS AND CRAIG MALONE AND REAPPOINTED LEE ELLIS JOHNSON. THEIR NEW TERMS WILL BEGIN THIS WEEK AND END IN FOUR YEARS, MARCH 15, 2027.

THERE IS ALSO A COUPLE OF ITEMS THE CITY COUNCIL WILL OPEN A PUBLIC HEARING FOR THE LAST ITEM ON OUR AGENDA TONIGHT RELATED TO THE LONG GOLF PROJECT. THEN I MADE A SPECIAL REQUEST TO THE CITY COUNCIL TO TAKE UP AN ITEM AT THE NEXT COMMITTEE OF THE WHOLE REGARDING ALABAMA LEAGUE OF MUNICIPALITIES IN MY REPRESENTATION TO VOTE ON A COUPLE OF ITEMS DURING THAT MEETING, THE STATE MEETING COMING UP IN MAY.

THAT'S THE COMMITTEE OF THE WHOLE AND ANNOUNCEMENTS TONIGHT, WHEN REMIND THE COMMUNITY THAT TRASH AMNESTY MONTH HAS STARTED. IF YOU HAVE ODD THINGS THAT YOU HAVE BEEN LOOKING FOR A TERM TO GET RID OF NOW THAT IT'S SPRING CLEANING SUSAN, PLEASE GO TO THE CITY'S WEBSITE AND UNDERSTAND WHAT YOU CAN AND SHOULD NOT PUT OUT BY THE STREET AND PLEASE NOW IS THE TIME TO TAKE CARE OF THAT. IF YOU HAVE QUESTIONS, I'M SURE OUR OUTSTANDING ENVIRONMENTAL SERVICES DEPARTMENT CAN ANSWER THOSE QUESTIONS.

RECENTLY I'VE HAD AN OPPORTUNITY TO MEET IN THIS ROOM. CITY MANAGER AND JOIN ME AND WE MET WITH THE LEAGUE COUNTY YOUNG LEADERS. APPRECIATE THAT ORGANIZATION AND ENTHUSIASM FROM LEARNING ABOUT LEADERSHIP. THESE ARE YOUNG PEOPLE FROM ALL OVER LEE COUNTY. ALSO HAD AN OPPORTUNITY TO SPEAK WITH THE LEE COUNTY REALTORS AND APPRECIATE WHAT THEY DO IN OUR COMMUNITY. A LOT OF TIMES THEY ARE THE RIGHT FIRST PEOPLE THAT ARE NEW VISITORS AND NEW CITIZENS MEET IN OUR COMMUNITY AND THEY PLAY A VITAL ROLE.

I SAW AND I WALK IN HERE AT POLITICO. I WANTED TO TELL HER THANK YOU FOR ANOTHER OUTSTANDING CHEAPER ANNUAL MEETING. WHAT APPOINTMENT AFTERNOON TO RECOGNIZE OUTSTANDING PEOPLE IN OUR COMMUNITY. BOB NEWMAN WAS RECOGNIZED WITH THE BILL AND LIFETIME ACHIEVEMENT AWARD. CANNOT THINK OF A BETTER PERSON TO RECOGNIZE FOR THAT, FOR ALL BOB HAS DONE IN THE COMMUNITY. CATALOG WAVES, COACHELLA, FORMER OUTSTANDING PLAYER FOR AUBURN WAS GIVEN THE SPIRIT OF AUBURN TO WHAT AN OMBUDSMAN, GERMAN SWORD, TIM SPICER'S YOUNG BUSINESS PERSONS AWARD. THEY GAVE THE GAVEL TO JULIE MELTON WHO IS THE NEW CHAIR OF THE AUBURN CHAMBER OF COMMERCE. THINK THEY AUBURN TIMBER FOR HOW THEY SUPPORT AND LOVE THE COMMUNITY AND RECOGNIZE THOSE PEOPLE WHO ARE DOING AN OUTSTANDING JOB. WAS A GREAT AFTERNOON. THE SGA INVITED ME TO THE BANQUET RECENTLY AND AM PROUD OF ALL THE YOUNG PEOPLE WHO HAVE BEEN WORKING FOR THE STUDENT GOVERNMENT ASSOCIATION THIS PAST YEAR. THE OFFICERS HAVE BEEN ELECTED NOW AND TORNADO WARNING IT WILL GET A CHANCE TO MEET THEM VERY SOON. IT WAS A GREAT BANQUET RECENTLY.

I HAD A CHANCE TO BE OVER AT THE AUBURN HOTEL CONFERENCE CENTER TODAY AND THE SOUTHEAST METER SCHOOL IS HAVING THEIR ANNUAL MEETING HERE IN AUBURN. THERE ARE LOTS OF REALLY SMART PEOPLE STUDYING IN CLASSROOMS ALL OVER THAT HOTEL. JUST REMINDS ME TO BE THANKFUL FOR

[5. AUBURN UNIVERSITY COMMUNICATIONS]

[00:10:01]

UNIVERSITY COMMUNICATIONS. OLIVIA? >> HELLO AND THANK YOU FOR THAT VIDEO. VERY NICE. FIRST OFF, AUBURN DANCE MARATHON RAISED OVER $276,000 FOR CHILDREN'S MIRACLE NETWORK LAST WEEK. FOR THOSE WHO DON'T KNOW WHAT DANCE MARATHON IS, IT'S A NATIONAL NETWORK OF CAMPUS ORGANIZATIONS THAT RAISE FUNDS AND AWARENESS FOR PEDIATRIC HEALTHCARE CAUSES, AND THEY SPEND THE WHOLE YEAR PLANNING AN ALL DAY EVENT IN THE SPRING SEMESTER AND OBVIOUSLY IT WAS WILDLY SUCCESSFUL, $276,000 FOR ONE DAY WAS A HUGE DEAL. ALSO RELATED TO SERVICE, EVERY STUDENT CENTER INVOLVED IN THE ALTERNATE STUDENT RIGHTS ORGANIZATION, JUST GOT BACK FROM DEDICATING THEIR SPRING BREAKS TO VARIOUS VOLUNTEER PROJECTS IN FLORIDA AND SOUTH CAROLINA. OBVIOUSLY WE ARE VERY PROUD THAT THAT'S HOW THEY CHOOSE TO SPEND THOSE BREAKS AND WE ARE VERY PROUD OF HOW THEY REPRESENTED AUBURN IN THOSE COMMUNITIES. NEXT, AUBURN'S ANNUAL A DAY GAME IS SCHEDULED FOR APRIL 8 AT 1:00 P.M. AND TICKETS FOR THAT ARE ON SALE NOW. PLEASE COME OUT AND SUPPORT. AS A FUN WAY TO SPEND A SPRING SATURDAY AND A GREAT WAY TO MEET NEW FACES ON THE FULL TEAM INCLUDING THE HEAD COACH. LASTLY, BUT THEY WERE AUBURN MEN'S BASKETBALL TEAM IN WOMEN'S BASKETBALL TEAM HAVE MADE IT TO THE POSTSEASON. AUBURN MEN'S BASKETBALL PLACE TOMORROW VERSUS IOWA AT 5:50 PM IN BIRMINGHAM. AUBURN WOMEN'S BASKETBALL PLACE FRIDAY AT 7:00 P.M. VERSUS TWO LANE -- TWO LANE. WE ENCOURAGE YOU TO JOIN US BECAUSE THERE'S NO POSTSEASON LIKE BASKETBALL

POSTSEASON. THAT'S ALL FOR ME. >> THANK YOU FOR WHAT YOU DO. A CORRECTION IS I THINK THE MEN

PLAY ON THURSDAY, NOT TOMORROW. >> TOMORROW? >> THAT'S OKAY. THE TIME IS

[7. CITY MANAGER’S COMMUNICATIONS]

OKAY, SEEING NO ONE, WE WILL MOVE AHEAD. CITY MANAGERS COMMITTEE KITCHENS.

>> UNDER CITY MANAGERS COMMITTEE KITCHENS WE HAVE THE ANNOUNCEMENT OF TWO VACANCIES ON THE LIBRARY BOARD, THE FOUR YEAR TERMS BEGIN APRIL 15, 2023 AND END APRIL 17, 2027 20 APPOINTMENTS WILL BE MADE AT THE APRIL 4 MEETING. WE HAVE THREE VACANCIES ON THE HISTORIC PRESERVATION COMMISSION, THREE YEAR TERMS BEGIN APRIL 21, 2023 AND END APRIL 20, 2020 620 APPOINTMENTS WILL ALSO BE MADE AT THE APRIL 4 MEETING. FIRST ITEM OF

[8.d. Authorize traffic calming devices. Fairway Drive.]

AND DO WITH THAT ITEM INDIVIDUALLY. >> I WOULD LIKE TO PULL ITEM

8D. THAT WOULD BE DELTA, RIGHT? >> YES SIR.

>> ANYONE ELSE? WHAT IF I MAY? ITEMS EIGHT LETTER ECHO 4 AND 5.

>> 8E4 AND 8E5. ANYONE ELSE? OKAY. BEGIN WITH 8D. >> ITEM 8D IS A TRAFFIC CALMING

DEVICE REQUEST FOR FAIRWAY DRIVE. >> MOVE FOR APPROVAL.

>> SECOND. >> HAVE A MOTION TO SECOND, MR. ADAMS?

>> I BELIEVE COUNCILMAN COPELAND HAS BEEN WORKING ON THIS. HE IS NOT HERE TONIGHT.

IS ALSO BEEN IN COMMUNICATION WITH A LOT OF THE RESIDENTS OVER AND I THINK GROVE HILL. I BELIEVE THEY HAD A FEW QUESTIONS THAT THEY WANTED ANSWERED. IT WOULD BE BEST IF

WE POSTPONE THIS UNTIL NEXT COUNCIL MEETING. >> WE HAVE BEEN WORKING WITH COUNCILMAN COPELAND'S FOR SOME TIME ON THIS, PERMITTING COUNSEL THIS IS IS A CITIZEN DRIVEN REQUEST AND NOT THAT OF THE STAFF. ONCE IT NEEDS A CERTAIN THRESHOLD, WE PLACE IT ON THE AGENDA IN COUNCILMAN COPELAND HAS BEEN WORKING SOME TIME TO GET QUESTIONS ANSWERED AND WE ARE A LITTLE BIT DOWN IN THE FAIRWAY DRIVE VICINITY ON DECORATIVE SIGNS THAT THEY HAVE AND HOW THE CITIZENS GO ABOUT GETTING THOSE INSTALLED WITH THESE. SO HE NEEDS MORE INFORMATION FROM THE NEIGHBORHOOD AND THERE ISN'T AN ISSUE ON OUR SIDE. BUT STAFF WOULD GLADLY DEFER TO THE CITIZENS AND THE COUNCILMEMBERS ON THIS ONE.

>> OKAY. MR. ADAMS HAS ASKED FOR A POSTPONEMENT. DOES NEED A SECOND?

>> DO I HAVE A SECOND? >> FOR THE NEXT MEETING? > WELL, AS OF RIGHT NOW, MARCH

21, YES. >> SECOND. MOTION AND SECOND FOR FURTHER DISCUSSION,

[8.e.(4) Jacobs Engineering Group Inc. Authorize Professional Services Agreement to create Planned Unit Development (PUD) regulations. $99,860.]

QUESTIONS? >> YOU HAVE A POSTPONEMENT UNTIL MARCH 21? ALL IN FAVOR, POLICE SAY AYE. ANY OPPOSED? WE WILL TAKE THAT UP NEXT TUESDAY.

>> ITEM A LETTER EVEN FOUR AUTHORIZES A CONTRACT WITH JAMESON ENGINEERING GROUP WITH APPROVED PLANNING DEVELOPMENT RELATIONS AND THE AMOUNT OF $99,860.

>> WE HAVE A MOVE IN A SECOND. MR. MOORE? >> ZONING IS BEEN A SOURCE OF INTEREST IN FRUSTRATION FOR CITY PLANNERS AND STAFF AND CITIZENS. I PLAN TO SUPPORT

[00:15:08]

>> ABSOLUTELY. THERE IS A PROCESSES OUTLINED IN YOUR PACKETS FROM THE CONTRACT THAT TALKS ABOUT PUBLIC INPUT PERIODS. IT TALKS ABOUT JOINT WORK SESSIONS WITH PLANNING COMMISSION AND CITY COUNCIL. AT THE END OF THE DAY, COUNCILMEMBER MOORMAN, WHAT'S MOST IMPORTANT IS IT'S UP TO THE GOVERNING BODY, THE NINE ELECTED OFFICIALS THAT SAID THAT THIS DIET IS TO DETERMINE WHETHER OR NOT THEY ARE HAPPY WITH THE REGULATIONS PROPOSED, IF THEY WANT CHANGES OTHERWISE AND WILLING TO ADOPT THEM. I CERTAINLY HOPE WE WOULD NOT STAND EIGHT MONTHS ON SOMETHING YOU CANNOT GET BEHIND, BUT THAT IS SOMETHING THAT IS THE COUNCIL'S DECISION. STAFF IS BRINGING THIS FORWARD. IT'S BEEN IN MY 25+ YEAR CAREER OF THE CITY IS THE CITY PLANNER, SOMETHING LONG NEEDED. I WANTED TO BE CLEAR IT'S NOT ADVANTAGEOUS TO WIN SIDE OR THE OTHER THAT BOTH THE PUBLIC AND THE PRIVATE SECTOR WENT WITH THIS BY IMPROVED DESIGN AND BETTER AMENITIES FOR THE CITY DISH THE CITIZENS OF AUBURN AND WHAT STAFF IS PROPOSING WE DO HERE IS TAKE A LENGTHY STUDY. WE HAVE PLANNED DEVELOPMENT DISTRICTS TODAY AND THEY DEAL WITH 10 ACRES AND UP DEVELOPMENTS THAT ARE MASSIVE AND COMPLICATED AS YOU HAVE DEALT WITH IN MANY MEETINGS. THIS STILL COULD BE COMPLICATED DEVELOPMENTS, BUT IT'S ALSO SIGNALING SOMETHING UNDER 10 ACRES. IT CAN DO MANY THINGS.

WE CAN HAVE PEOPLE THAT THEY WANT TO SAY REDUCED SETBACKS AND I'M NOT TALKING ABOUT HIGH-RISE BUILDINGS, SAYING A SUBDIVISION, INNOVATIVE DESIGN WITH A WORLD-RENOWNED ARCHITECT FOR WHICH WE HAVE ONE OF THOSE THAT'S LOOKING AT A BIG PROJECT HERE. THEY WANT TO DO SOMETHING INTERESTING THAT THE CITIZENS OF AUBURN MIGHT APPRECIATE AND BUY A HOME IN THE SUBDIVISION AT THE SAME TIME, PART OF THE EXCHANGE OF THINGS LIKE THIS THAT WE CAN CREATE IN THESE RULES IS THEY CAN TURN AROUND AND ALSO SAY YOU WANT REDUCED SETBACKS? WE WANT A PARK BUILT AS PART OF THIS IS OPEN TO THE PUBLIC. WE WANT OTHER THINGS. IT'S A NEGOTIATION TOOL TO GET BEST DESIGN, BEST DEVELOPMENT FOR THE PUBLIC GOOD AND FOR THE CITIZENS WHO WILL LIVE THERE. AT THE SAME TIME IF SOMEONE DOES NOT WANT TO NEGOTIATE WITH US, THE CAN FOLLOW A VERY PRESCRIPTIVE SET OF REGULATIONS IN THE ZONING ORDINANCE AND DEVELOP THE PROPERTY. ONE OF THE THINGS THAT YOU'RE DOING AND YOU ALLUDED TO, COUNSEL PLAN, MOORMAN, WHICH IS ABOUT MAKING MASSIVE ZONING ORDINANCE CHANGES OVER TIME AND THAT IS SOMETHING OUR DIRECTOR STEVE FOOTE HAD STARTED AND DID NOT QUITE GET TO GET OUT OF THE CIRCUIT WITH ASPECTS OF IT, THE STAFF HAS BEEN WORKING ON IT. WITH MORE WORK TO SIMPLIFY THE ZONING ORDINANCE. BY LOOKING IF YOU THE REGULATIONS, IT WILL ALLOW US TO KEEP UP WITH DEVELOPMENT TRENDS OF THE THINGS OVER CITIZENS WOULD LIKE TO SEE WHILE ALSO MODIFYING ZONING ORDINANCE TO BE MUCH MORE SIMPLE AND USER-FRIENDLY. THIS IS JUST THE FIRST STEP IN A MULTISTEP PROCESS TO GET THE ZONING ORDINANCE IN AN EASIER SHAPE.

I CAN TELL YOU IS A PLAN OF OVER 30 YEARS IN MY ENTIRE CAREER, IT'S EXTREMELY COMPLICATED. WHILE I UNDERSTAND THERE IS MANY MOVING PARTS IN THE ZONING ORDINANCE, THINKS CITIZENS STRUGGLE TO UNDERSTAND AT TIMES, AS YOU WITNESSED IN RECENT MEETINGS, WHAT DOES IT MEAN? WHAT DO WE REQUIRE WHEN WE TRY TO SIMPLIFY? ALL OF THAT TO SAY THIS IS THE FIRST STEP IN A MULTISTEP PROCESS, BUT THE GOVERNING BODY IS UNDER NO OBLIGATION EVEN AT THE COMPLETION OF THIS TO ADOPT WAS PUT BEFORE YOU IF YOU DON'T FEEL THAT IT'S SOMETHING YOU CAN GET BEHIND. MY HOPE IS THAT THAT WILL NOT HAPPEN.

>> PLEASE GO AHEAD.> I WOULD ASK A QUESTION ON IT. HERE, WE'RE HOLDING ON $99,000 TO PAY

FOR THE SERVICE AGREEMENT. >> YES, MA'AM. IT IS BUDGETED IN THE PLANNING DEPARTMENT

BUDGET. >> COULD YOU SPEAK TO THE INVOLVEMENT IN THE I GUESS RFP THAT WAS PUT OUT TO SEEK A CONSULTANT OF THE DEPARTMENT'S INVOLVEMENT AND ULTIMATELY YOU ALSO SPEAK TO WHAT, PERHAPS SPEAK TO WHAT THE PLANNING COMMISSION'S VIEW OF THIS.

>> I HAVE MR. CUMMINGS AND MR. KIP TAKE IT OVER, SCOTT? >> WE LAUNCHED THE PROCESS AND REQUEST PROPOSALS, PROFESSIONAL QUALIFICATION STATEMENTS FROM CONSULTANTS. WE HAVE RECEIVED THOSE STAFF REVIEWED THEM AND I WAS SOMEWHAT INVOLVED IN THE BUT IT WAS MAINLY THE PLANNING

[00:20:02]

STAFF REVIEWED THESE -- >> SCOTT, WHEN DID THE PROCESS START?

>> THE PROCESS WOULD'VE STARTED IN THE FALL. SO WE WERE AMONG THE LINES OF A SELECTION AROUND EARLY DECEMBER AND ENTERED IN NEGOTIATIONS TO GET TO THE GET A WORK PLAN FINALIZED SO THEY COULD DEVELOP THE FEE TO ASSOCIATE WITH THE WORK PLAN. WAS VERY INVOLVED PROCESS.

JACQUEZ PRESENTED THE BEST PLAN OF THOSE WHO SUBMITTED AND THAT'S WHY THEY WERE SELECTED.

>> IN THE PLANNING COMMISSION'S OPINION ON THIS, THE BEHIND THIS? YOU BELIEVE IT'S

PRESENTED -- POSSIBLE ABOUT. >> YEAH! WE HAVE -- STEPHEN ANNOUNCED THAT WE WERE IN THE PROCESS OF MAKING THIS SELECTION. I MENTIONED YESTERDAY AT THE PACKET MEETING THAT THIS WAS ON THE AGENDA TONIGHT. IT WAS DEFINITELY SOME EXCITEMENT AMONG THE PLANNING COMMISSIONERS TO SEE THIS IN PROGRESS AND THEY ARE LOOKING

FORWARD TO YELPING INVOLVED. >> AS MR. MOORMAN WAS STATING, THIS WILL BE A PROCESS THAT WILL BE VERY OPEN TO THE PUBLIC WITH OPPORTUNITIES FOR THE PUBLIC TO WEIGH IN AND THERE WILL BE OPPORTUNITIES FOR US TO PARTICIPATE IN WORK SESSIONS AT DIFFERENT TIMES. IS THAT

CORRECT, MAKING? >> ABSOLUTELY. >> ANY OTHER QUESTIONS FROM COUNSEL? MOTION AND SECOND. ALL IN FAVOR, POLICE SAY AYE. ANY OPPOSED? MOTION CARRIES.

[8.e.(5) MXI Environmental Services, LLC. Collection and disposal of household hazardous waste during Household Hazardous Waste events. $30,000 per event.]

>> 8E5. >> ITEM 8E5 AUTHORIZES A CONTRACT WITH MSI ENVIRONMENTAL SERVICES LLC FOR COLLECTION AND DISPOSAL OF HAZARDOUS WASTE MATERIAL DURING THE HOUSEHOLD WASTE EVENTS. IT'S A THREE-YEAR CONTRACT WITH OPTIONS FOR 2 TO 1 YEAR SECTIONS FOR A TOTAL OF FIVE YEARS NOT TO EXCEED $30,000 PER EVENT. I WOULD REMIND YOU WE

HAVE UP TO TWO EVENTS A YEAR. >> MOVE FOR APPROVAL. >> SECOND.

>> MOTION IT A SECOND. MR. MOORE? >> $30,000 PER EVENT, DOES THIS COST FOR THIS SERVICE VARY BASED ON HOW MANY ITEMS ARE BROUGHT FOR DISPOSAL?

>> WE WILL HAVE THE ENVIRONMENTAL SERVICES DIRECTOR KATRINA COOK RESPOND.

>> IT DOES VARY. IN 2016, WE ADDED AN ADDITIONAL $0.50 FEE TO EVERYBODY'S WATER BILL SO THAT THEY CAN PARTICIPATE IN THAT HELPS WITH THE FEE THAT'S IMPOSED WITH US. SO FAR WE HAVE NOT EXCEEDED THE $30,000. IN FACT, WE HAVE NOT EXCEEDED THE $22,000 MARK. WE ARE AT ABOUT 42 PERCENT OF PARTICIPATION. IF WE WERE TO GET MORE TO THAT WHICH IS INDUSTRY-STANDARD, OUR FEE WILL GO UP. BUT WE EXPECTED TO BE LESS THAN THAT.

>> YOU FIND THIS TO BE A POPULAR EVENT? WELL USED AND APPRECIATED?

>> IT IS A VERY WELL USED EVENT AND HAS PROVEN TO BE A VERY SAFE EVENT, SIMPLY BECAUSE IT KEEPS THE COMMUNITY SAFE AND IT KEEPS OUR COLLECTORS SAFE WHILE THEY ARE OUTPERFORMING THIS JOB. IT GIVES EVERY CITIZEN OF SAFE WAY TO DISPOSE OF THIS MATERIAL.

IN THE PAST WE HAVE HAD SOMEONE TO DISPOSE OF THE CHEMICAL THAT'S USED FOR LIQUID BOMB, CHEMICAL BOMB. SO WE HAD TO CALL TO GET SOME ASSISTANCE. THIS LETS YOU KNOW HOW MUCH OF

A NEED THIS IS FOR US HERE IN OUR COMMUNITY. >> THANK YOU VERY MUCH.

>> AND YOU KNOW OF ANYONE ELSE ON THE COUNCILS OF PARTICIPATE IN THIS. DONE IT A COUPLE TIMES AND YOU DO AN OUTSTANDING JOB. PEOPLE ARE HAPPY TO SEE YOU AND GOING TO HELP. THEY HELP YOU GET EVERYTHING OUT OF YOUR CAR AND TRUCK AND DO A GREAT JOB. ANY OTHER QUESTIONS

[8. CONSIDERATION OF CONSENT AGENDA]

MOTION TO CONSIDER TO APPROVE THE BALANCE OF THE CONSENT AGENDA.

[10.a. Amended conditional use approval. John Ronney Watson. Commercial recreational uses(pickleball courts and miniature golf course). Property located at 2601 East University Drive. Postponed from the February 21, 2023, City Council meeting]

>> SO MOVED. >> SECOND. >> MOTION IN THE SECOND. ALL

IN FAVOR POLICE SAY AYE. >> AYE. MOTION CARRIES. RESOLUTIONS.

>> ITEM 10 A IS A REQUEST FROM THE GULF USA FOR COMMERCIAL OR PERSONAL USE THIS IS LOCATED 2601 E. UNIVERSITY DRIVE TO REMOVE CONDITION OF APPROVAL THE STATE OF EDUCATION ON THE EASTERN PORTION OF THE PROPERTY MUST REMAIN UNDISTURBED. THE OWNER WOULD LIKE TO PLACE THREE SINGLE FAMILY RESIDENCES IN THIS AREA. THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THIS REQUEST IN ITS FEBRUARY 9 MEETING. THIS ITEM WAS POSTPONED AT THE FEBRUARY 21 MEETING, PUBLIC HEARING OPEN AND CLOSED AND LOCKED INTO COMMITTEE OF THE WHOLE THIS EVENING TO REOPEN THE PUBLIC HEARING.

[00:25:05]

>> MOVE FOR APPROVAL. >> HE'S ALREADY BEEN MOVED AND SECONDED. YOU ARE GOOD.

>> SO I JUST NEED TO GO STRAIGHT TO THE PUBLIC HEARING? THIS TIME WE WILL OPEN PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL REGARDING THIS. WE REALIZE THAT YOU COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE FIVE MINUTES TO SPEAK. KAY. CLOSING PUBLIC HEARING. ANY COMMENTS OR QUESTIONS FROM

COUNCIL? >> I HAVE A QUESTION. THE DEFINITION OF UNDISTURBED, I WAS DRIVING BY THAT AREA THE OTHER DAY AND SUDDENLY LOOKED DISTURBED TO ME. I WONDER IF THERE IS ANY CLARIFICATION ABOUT -- OR SOMEBODY HELD TO BE RESPONSIBLE FOR WHAT SEEMS TO

ME TO BE VIOLATING THE AGREEMENT? >> I THINK THAT ONE OF THE BIG CHALLENGES IS THAT IT IS NOT CLEARLY DEFINED IN ANY ORDINANCE THAT WE HAVE HAD.

IT'S LEFT TO INTERPRETATION. SO INVASIVE SPECIES ARE ALLOWED TO BE REMOVED. IN THIS CASE IT WILL HAVE MR. CUMMINGS AND MR. KIP SPEAK TO WHERE THAT STANDS AND WE ARE ALSO DEALING WITH AN INTERPRETATION OF A PLANNING DIRECTOR THAT'S NO LONGER WITH US, AS JUST AN ADDED LAYER. AT THE END OF THE DAY INTERPRETATION OF THOSE THINGS BY LAW CLEARLY RESIDES WITH THE

PLANNING DIRECTOR. MR. CUMMINGS? >> YOU BRING UP A GOOD POINT.

WE WOULD HAVE NORMALLY LIKED TO HAVE BEEN INVOLVED IN DISCUSSION EARLY ON AS FAR AS WHAT'S BEING REMOVED. WE ENCOURAGE THE REMOVAL OF INVASIVE SPECIES AND PREPARE FOR THINGS LIKE THAT. WE WILL WANT THOSE THINGS TO BE REMOVED . BUT IT'S TEXTURE STATED CLEAR TO THE UNDERBRUSH, WHICH IS AN ACCEPTABLE APPLICATION ON A SITE LIKE THAT TO THIN IT OUT, BECAUSE WE ARE REALLY TRYING TO PROTECT ULTIMATELY THE CANOPY TREES.

>> I WOULD SAY THIS TO YOUR POINT IS IN YOUR MINDS, AND I WOULD VERY MUCH UNDERSTAND THIS IN THE MINDS OF CITIZENS, THE THINK IT MEANS DON'T TOUCH IT, RIGHT? SO I UNDERSTAND THAT ONE OF THE KEY THINGS IS IT STANDS TODAY AS YOU HAVE A 15 FOOT BUFFER YARD THERE AND WHY THE EXISTING CANOPY TREES COULD COUNT TOWARDS THOSE REQUIREMENTS, THAT WOULD BE A SHRUBBERY REQUIREMENT, CORRECT, MR. KIP. SHRUBS WILL BE REPLANTED THAT ARE NOT INVASIVE IN NATURE. ONE OF THE CHALLENGES IS ABOUT A RESIDENT THAT CAN HAVE MR. NELSON PUT UP, SEND ME PICTURES FROM HER HOUSE ON CHOCTAW ABOUT WHAT THEY ARE LOOKING AT RIGHT NOW VERSUS HOUSES IN ONE OF THE THINGS YOU GUYS MAY WANT TO CONSIDER. THIS IS THE VIEW FROM THE FRONT YARD AND LOOK AT NIGHT, LIGHTS COMING FROM EAST UNIVERSITY DRIVE, NOT THEIR CARS ON EAST UNIVERSITY DRIVE. AT THE END OF THE DAY CAN FLIP IT OVER. THAT'S WHAT THEY'RE LOOKING AT. IF MOST OF THOSE TREES ARE REMOVED AND HOUSES TO PLACE, THEY LOOK AT HOUSES.

IT'S NEITHER HERE NOR THERE. YOU TO A PROSPECTIVE AND IT'S FURTHER TOWARDS THE CORNER.

THIS IS GENERALLY WITH THE RESIDENTS THAT LIVE CLOSEST TO IT SEE.

AT THE END OF THE DAY WOULD FLOW OF BUFFER YARD OF HOUSES ARE PLACED THERE, IF YOU AGREE WITH US. IT'S A 10 FOOT BUFFER YARD ON THE REAR OF THESE HOUSES, BUFFERING THE HOUSES SO THE LONG GOLF. THE OTHER KEY COMPONENT JUST FOR YOU TO MULL OVER IS THAT PEOPLE WHO WOULD OCCUPY THOSE HOUSES WOULD VERY MUCH KNOW THAT LONG GOLF IS THERE. IT WOULD HAVE PRECEDED THEM IN THE OCCUPANCY OF THOSE HOMES. SO JUST SOMETHING TO CONSIDER FROM STANDING OUT ON THE SIDE IS CERTAINLY UP TO YOU. THERE IS ANOTHER BUFFER YARD THERE THAT RUNS ALONG THE EDGES AND HOUSES THAT WE WOULD CALL THAT FOR THE BEST DIRECTION WEST, THE WESTERN PROPERTY LINE. THAT'S HOW -- 15, 15 FOOT BUFFER. THERE'S A HOUSE THAT SITS ON THE LEFT EDGE OF THIS PICTURE IN A 15 FOOT BUFFER. NOTHING WILL CHANGE ABOUT THAT ALONG THE GOLF COURSE, BUT ALONG THE SINGLE-FAMILY HOUSES THAT COULD CHANGE IF YOU ARE ALLOWED THEM TO GO THERE. YOU DON'T BUFFER WHAT WE CONSIDER LIKE INTENSITY AS A SINGLE-FAMILY HOUSE FIRST

A SINGLE-FAMILY HOUSE, USUALLY NOT A BUFFER BETWEEN THEM. >> MR. PARSONS, WERE YOU DONE

WITH YOUR QUESTIONS? >> THANK YOU. >> MS. GROUCH, LOOKING AT THIS PHOTO HERE IN HEARING WHAT WE TALKED ABOUT WITH BUSHES OR SHRUBS BEING REPLANTED, WITH THE BE REPLANTED BEHIND THIS LINE OF TREES OR WITHIN THE LINE OF TREES?

>> THEY HAVE TO BE PLANTED WITHIN THE FIRST 15 FEET OFF THE EDGE OF THE RIGHT-OF-WAY WHICH IS BEHIND BACK OF CURB A DISTANCE. BUT HOW THEY ARRANGE THEM WITHIN THERE, MR. KIP, NO

SPECIFIC REQUIREMENT TO THE GENERAL ARRANGEMENT. >>.[INDISCERNIBLE] > OKAY, THANK YOU. AND FOR THE HOUSES THAT WOULD BE BUILT THERE, OBVIOUSLY ONE WOULD BE APPROACHING EAST UNIVERSITY DRIVE. HOW WOULD WE -- HOW WOULD THEY ACCESS THE

DRIVEWAYS? >> MS. BRAZIER? >> DRIVEWAYS, WHAT YOUR PREFERENCE IS YOU WOULD GO THROUGH SITE PLAN REVIEW AND KEEP DRIVEWAYS AWAY FROM EAST

[00:30:05]

UNIVERSITY DRIVE AS FAR AS HE COULD? >> A DAILY THEY WOULD COME OFF OF THE KELLOW STREET IF THEY COULD MEET SPACING REQUIREMENTS.

>> BUT DO YOU HAVE THE AUTHORITY TO REQUIRE THAT SHARED ACCESS BETWEEN TWO OF

THEM WERE SPACING WAY DISTANCE FROM THE INTERSECTION ETC.? >> WE HAVE SPACING REQUIREMENTS ON DEKALB STREET. OUR REQUIREMENTS ARE THAT FOR DOUBLE FRONTED LOSS, THEY TAKE ACCESS FROM THE MINOR STREET, IN THIS CASE DEKALB WOULD BE THE MINOR STREET AND WOULD NOT BE ALLOWED ACCESS ON EAST UNIVERSITY DRIVE. IN ADDITION, THEY WOULD NOT NEED SPACING

FROM THE EXISTING DRIVE THAT IS THE ENTRANCE TO LONG GOLF. >> SO THERE IS GOING TO BE CURB CUTS ALONG DEKALB STREET. COULD BE UP TO THREE. WE WOULD COLLABORATE WITH THE DEVELOPER AND ASK PROBABLY THE FIRST ONE BE AS FAR WEST AS POSSIBLE AND POSSIBLY SHARED IF DOABLE TO

GET OR AT LEAST ON THE WESTERN SIDES OF THE PROPERTY. >> MINIMUM DISTANCE FROM THE

INTERSECTION IS 100 FEET FOR THE FIRST CURB CUT. >> THAT LOT THAT WE ARE LOOKING AT NOW I THINK IT'S 196 FEET FROM UNIVERSITY TO THE END OF OUR LEFT THERE. SO THAT MEANS EACH LOFT FOR EACH HOUSE, SINGLE-FAMILY DWELLING DETACHED HOME WOULD BE ABOUT 65 FEET

WIDE. THAT IS THE MAP THAT I CAME UP WITH. >> THAT SOUNDS ABOUT RIGHT.

THAT WILL BE HARD TO GET 65 FEET FROM EAST UNIVERSITY TO MAKE THE FIRST CURB CUT, I

THINK. >> UNLESS THEY DO SOME TYPE OF SHARED ACCESS. OR YOU HAVE TO COME ACROSS THE NEIGHBORS OR SOMETHING. THAT IS JUST SOMETHING THAT PUZZLED ME BECAUSE I DID NOT KNOW HOW YOU COULD PUT THREE DRIVEWAYS AND AND BE AN ADEQUATE NUMBER OF

FEET FROM EAST UNIVERSITY INTERSECTION UP THERE. >> YOU CAN ALSO BUT ONE AS FAR WEST AS POSSIBLE AND RUN THEIR PARKING PADS BEHIND THE STRUCTURES IF THAT'S WHAT THEY WANT TO DO AND CAN BE ALL THE OTHER CRITERIA. THERE ARE WAYS TO ACCESS EASEMENTS, CROSS ACCESS THAT THIS CAN BE ACCOMPLISHED IS UP TO THEM. WE HAVE TO MEET OUR CRITERIA.

>> ALSO, EACH LOT IS ABOUT 100 FEET DEEP. THE LOTS ARE ABOUT 100 FEET DEEP. IN ADDITION TO THAT, I THINK IS ABOUT 10 FEET FOR UTILITY EASEMENT FROM THE CURB BEFORE THAT STARTS, MAYBE 110 FEET FROM THE CURB. SO I GUESS IT'S DOABLE, BUT IT LOOKS VERY TIGHT. DEPENDS ON WHAT THEY BUILD, I GUESS. I DON'T KNOW IF WE ARE GIVEN CARTE BLANCHE TONIGHT TO SAY YES, DO WHATEVER YOU WANT TO DO, OR IF THEY ARE ALREADY REQUIREMENTS IN PLACE BASED ON PERMEABILITY AND HOW MUCH YOU CAN PUT ON SO MANY SQUARE FEET IN THE DRIVEWAYS AND OTHER THINGS.

>> CORRECT, MR. MOORMAN. THEY COMMIT ALL DEVELOPING REQUIREMENTS AND THE ORDINANCE SUBDIVISION -- WATER RESOURCE MANAGER, WATER, SEWER, ALL THOSE THINGS, THOSE HAVE YET -- WITH THIS APPROVAL IS SEEKING IS JUST PURELY TO REMOVE THE CONDITION THAT THIS AREA MUST REMAIN UNDISTURBED. YOU ARE ACTUALLY NOT APPROVING ANY HOUSES. THAT'S WHAT THE DEVELOPER IS TELLING YOU THEY WANT TO PLACE THERE, BECAUSE THERE'S NO CONDITIONAL USE REQUIRED FOR THE HOUSES AT THIS TIME. THEY CAN DO THAT BY RIGHT, BUT THE REASON THEY CANNOT DO IT AT THE MOMENT IS YOU HAVE A CONDITION BASED ON THE CONDITIONAL USE APPROVAL FOR LONG GOLF AND LONG GOLF CANNOT BECOME NONCONFORMING BEFORE IT OPENS, WHICH IS WHY PLANNING IS COMPLICATED. SO IN ESSENCE, THEY CANNOT PLACE THOSE HOUSES BASED ON THE CURRENT COMMERCIAL USE THEY HAVE WITHOUT EVEN REMOVING THIS CONDITION. THAT'S THE ONLY

THING YOU ARE CONSIDERING TECHNICALLY. >> IS THIS THE SITE WHERE THE

PICKLE BALL WAS GOING? >> ANOTHER PART OF THE PROPERTY. IT WASN'T COMPLETE

AND TOTAL OPPOSITE END OF THE CLUBHOUSE AREA. >> COMMENTS OR QUESTIONS?

>> I HAVE HEARD FROM A NUMBER OF RESIDENTS THAT THIS IS NOW IN MY WARD, AND WITHOUT EXCEPTION, THEY HAVE ALL BEEN OPPOSED TO THIS DEVELOPMENT. AND THE REASONS ARE TRAFFIC, CONGESTION, THEY ARE WORRIED ABOUT ALREADY HAVING PARKING DIFFICULTIES ALONG THERE BECAUSE OF STUDENTS AND WHATNOT PARKING ON THE STREETS AND SIDESTREETS. I HAVE TO RESPECT MY CONSTITUENTS' DESIRES TO DISAPPROVE THIS AND THE COUNCIL HAS DONE THAT ON PREVIOUS OCCASIONS WHEN WE HAD CONSTITUENTS STEP FORWARD AND WE HAVE SUPPORTED THE NEIGHBORHOODS, THE DESIRES OF THE COMMUNITY. ALSO IN ADDITION, I WENT BACK TO LISTEN TO THE 19 ME COUNCIL MEETING AND DID NOT SAY ANYTHING ABOUT UNDISTURBED! THIS IS THE QUOTE

[00:35:06]

LANGUAGE THAT UNDISTURBED, BUT EVEN THE APPLICANTS AT THAT TIME SAID UNDEVELOPED. SO I DON'T HAVE ANY CONFIDENCE THAT THE TERMS OF THE CONDITIONAL USE ARE BEING UPHELD AND YOU CAN EVEN SEE IN THE SHOP RIGHT HERE THERE ARE THINGS OTHER THAN SMALL CONSUME AND CUT DOWN. I DON'T CONSIDER PINE TREES AS UNDERGROWTH OR WHATNOT. I ADAMANTLY DO NOT FAVOR THE APPROVAL OF THIS ITEM PARTICULARLY WITH THE CONSTITUENTS' OBJECTIONS AND THE PREVIOUS LACK OF FORTHCOMING PERHAPS BY THE APPLICANT.

SO IF GETTING THE CONDITIONAL USE FOR THE LONG GOLF IS CONTINGENT UPON HAVING THIS AREA UNDEVELOPED, SO NOW AFTER THE FACT, WE HAVE THEM, BACK SAYING, OH, WE GOT WHAT WE ASKED FOR AND I WANT TO CHANGE IT. SEEMS TO ME THAT THERE IS A FLIP-FLOP IN THE ORIGINAL IDEA OF WHAT THEY HAD IN MIND AND IT WAS NOT PRESENTED TO THE COUNCIL AT THAT TIME IN THE DOCUMENTS SAY THE STAFF AND PERHAPS THE PLANNING COMMISSION WERE MADE AWARE OF THE APPLICANTS' DESIRE TO DEVELOP THIS IN THE FUTURE, BUT IT WAS CERTAINLY NOTHING PRESENTED AS

COUNCIL WHEN WE APPROVED THE CONDITIONAL USE. >> I HAVE A HYPOTHETICAL QUESTION. IF THE APPLICANT WANTED TO SUBDIVIDE THIS LOT AND REMOVE THAT PORTION FROM THIS PROPERTY, HIS PROPERTY IN, SAY, SELL THE PORTION OFF. IS HE ALLOWED TO DO THAT?

>> THE SUBDIVIDING THE PORTION, I'LL HAVE MR. KIP SPEAK TO THE, BUT IT WILL COMPLICATE THE

EXISTING USE. MR. KIP, DO YOU WANT TO -- >> SUBDIVISION OF LAND IS TECHNICALLY FEASIBLE. I CAN THINK THE MORE LEGAL QUESTION WOULD BE THE CONDITION THAT WAS PLACED ON THE PREVIOUS APPROVAL RUN WITH THE LAND AND I BELIEVE THE ANSWER WOULD BE YES, IT

DOES. >> OKAY, THANK YOU. IN ESSENCE, IF IT WERE TO COME IN, IT WOULD COME IN ADMINISTRATIVELY TO THE PLANNING STAFF DIRECTLY AND IT WOULD BE THE ARBITERS OF THAT BASED OFF OF WHAT IT'S DOING TO THE ADJACENT PROPERTY.

>> I ADDITIONAL QUESTION. DOES THE APPLICANT MET HIS RESPONSIBILITIES IN THE ORIGINAL CONDITIONS OF THE FENCE LINE, THE VEGETATIVE FENCE?

>> YOU ARE REFERRING FROM THE VEGETATIVE FENCE THAT WAS GOING TO BE PART OF THE CONSTRUCTION?

>> YES, RATHER THAN THE BRICK. >> I HAVE NOT BEEN TO THE SITE PERSONALLY. TYPICALLY LANDSCAPING IS DONE AT THE VERY END OF THE PROJECT WERE VERY CLOSE TO THE END OF THE PROJECT. SO THEY HAVE NOT DRIVEN BY IT, BUT THEY HAVE NOT LANDSCAPED OR CONSOLIDATED, DONE A LOT OF THOSE THINGS YET. I DON'T KNOW THE ANSWER THE QUESTION YET.

>> THERE IS A MECHANISM IN PLACE TO ENSURE -- >> FOR CERTIFICATE OF

OCCUPANCY, ABSOLUTELY. >> IS A LANDSCAPE INSPECTION DONE AT THE END OF THE PROJECT

PRIOR TO CO. >> MS. CROUCH, WOULD WE ALLOW SOMEONE TO PARK SOMEONE WHO CAN

DISH FISH. >> ART, ONE TIME? >> WOULD WE ALLOW SOMEONE TO PARK ON THE STREET RIGHT HERE ON DEKALB STREET RIGHT WHERE THE SPREAD OF --

>> UNLESS YOU AUTHORIZE IT TO BE A NO PARKING ZONE, THEY CANNOT PARK THERE.

>> THEY CAN? >> THE MAYOR IS CLARIFYING THE APPLICANT WISHES TO SPEAK AND I WAS CLARIFYING WITH HIM THAT UNLESS YOU ASK HIM TO SPEAK, HE CANNOT SPEAK.

>> OKAY. >> I WOULD LIKE TO ASK THE APPLICANT A QUESTION, IF I MAY.

>> COUNCIL GOOD? >> IS INDICATED THAT YOUR DESIRE IS TO PUT THREE DETACHED SINGLE-FAMILY HOMES ON THIS PIECE OF PROPERTY. WHAT ASSURANCES, IF THIS WERE TO BE APPROVED TO REMOVE THE CONDITION THAT THEY WOULD ACTUALLY HAPPEN?

>> WELL, WHAT WE WANT TO DO IS WE ARE GOING TO DO THREE COTTAGE HOMES, COTTAGE GARDEN HOMES AS A: BUFFER FROM THE PROPERTY ALREADY UNDERWAY AND MAKE IT UPSCALE AND COMPLEMENT THE BUILDINGS THAT YOU CAN SEE THERE NOW. AND THE LIVING FENCE WILL BE ALONG THE OTHER

[00:40:07]

THERE, JUST WANT IT TO BE NICE. >> I KNOW WE MAY BE GETTING IN THE WINGS A BIT AHEAD OF OURSELVES, BUT DO YOU HAVE PLANS FOR ACCESSING FOR THE

HOMES FROM THE REAR AS OPPOSED TO THE FRONTAGE OFF OF DEKALB? >> WELCOME TO MILICH WE SAID EARLIER ABOUT THE DRIVEWAYS AND TRAFFIC, SO WE'RE GOING TO DO THE SAFEST THING. WHAT MAKES THE MOST SENSE FOR EVERYONE. AND WE HAD A GENERAL PLAN FOR AMBER ENGLISH. ON THAT ONE, WE DID HAVE A SHARED DRIVEWAY SO WE COULD GET AS FAR AWAY FROM EAST UNIVERSITY AS POSSIBLE.

AND THEN -- WE ARE GOING TO STICK TO THE RULES AND REGULATIONS AND SAFETY AND

WHATEVER, WHATEVER WE NEED TO DO ON THOSE DRIVEWAYS. >> ANYTHING ELSE YOU WOULD LIKE

THE COUNCIL TO KNOW ABOUT THIS PROJECT? >> NO, I JUST WANT TO SAY THAT I AM HERE AND I WANTED TO MENTION THE COTTAGE HOME, GARDEN HOMES THAT WOULD COMPLEMENT THE CURRENT TEAM THAT'S ALREADY THERE AND JUST MAKE IT AN UPSCALE, NICE AREA TO GET WITH THE PROPERTY, AND WE WILL DO THE LIVING FENCE. AND A LOT OF LOT LANDSCAPING TO

MAKE IT LOOK REALLY NICE. >> IS THAT THE SOUTHERN BORDER OF THE LIVING FENCE?

>> TECHNICALLY THE WESTERN BORDER. >> OKAY.

>> TO THE FAR LEFT IN THIS PICTURE. >> WHAT IS YOUR TIMEFRAME FOR

DEVELOPING THOSE? DOES HOMES? >> WE ARE READY TO GO AS SOON AS WE ARE ALLOWED FOR APPROVAL IN ZONING AND ENGINEERING AND EVERYTHING THAT MRS. CROUCH MENTIONED. SO WE ARE READY TO

BEGIN WHENEVER WE CAN, WHATEVER IS ALLOWED. >> WHAT ARE YOUR HOURS OF

OPERATION GOING TO BE? >> ON THE COMMERCIAL? I'M NOT TOTALLY SURE. MY BUSINESS PARTNER, RON, IS OUT OF TOWN THIS WEEK, SO I CAME UP FOR THE MEETING. BUT I KNOW THAT WE -- IT'S NOT GOING TO BE A NIGHTTIME THING BECAUSE WE -- IN A WHILE AGO WE DECIDED AGAINST LIGHTS. YOU KNOW, NOT LETTING. I AM NOT TOTALLY SURE, BUT --

>> SAYING RIGHT NOW YOUR PLANS ARE NOT TO BE OPEN IN THE EVENING?

>> YOU KNOW, IT WILL BE A RESTAURANT. >> WHERE THE GOLF.

>> YOU MENTIONED THE TIME CHANGE. SUMMERTIME, I GUESS YOU CAN PLAY UNTIL IT GETS

DARK. >> OKAY. >> SORRY I DID NOT HAVE IT

BETTER. >> I DID NOT POSE MY QUESTION VERY WELL.

>> ANYONE ELSE FROM THE COUNCIL WOULD LIKE TO ASK A QUESTION? ANYTHING THEY WOULD LIKE TO

CLARIFY? >> I WOULD. SO ON THIS, UNDERSTAND WE ARE TALKING ABOUT BUILDING SOME COTTAGES OR WHATEVER, BUT WHAT ARE WE ACTUALLY VOTING ON?

>> YOU ARE VOTING ON WHETHER OR NOT TO REMOVE THE CONDITION THAT REQUIRES THE TREES THAT YOU SEE IN THAT AREA HAVE TO REMAIN THERE OR IF THEY CAN BE CLEARED FOR SOME OF THEM CAN BE CLEARED. ULTIMATELY HE WOULD HAVE THE RIGHT THING TO COME AND BUILD SINGLE-FAMILY TO TOUCH HOUSES. YOU ARE VOTING ON THE CONDITION THAT THAT REMAINS IN UNDISTURBED AREA, IS

WHAT YOU ARE TRULY VOTING ON. >> WHAT RECOURSE WOULD WE HAVE IF WE VOTED TO REMOVE THE UNDISTURBED CONDITION AND HIS TIMELINE STRETCHED OUT. BASICALLY, CLEARED THE PROPERTY AND SAT THERE FOR AN EXTENDED PERIOD OF TIME WITHOUT BEING DEVELOPED?

>> IF THE CONDITION IS REMOVED, THERE IS NO SUCH TICKING CLOCK ON THAT, BECAUSE THE ONLY CONDITIONS WE HAVE IS THE CONDITIONAL USE APPROVAL EXPIRES IN 18 MONTHS, BUT THAT

IS UNDERWAY. MR. CUMMINGS? >> I WOULD ADD THIS A FEW THINGS TO THE BUFFER REQUIREMENT AS THE DEVELOPMENT STANDS TODAY ON DEKALB STREET. SO IF THEY GET THEIR CO AND

[00:45:05]

IT'S ONLY IF THEY COME IN AND GET THE APPLICATION APPROVED FOR THE HOUSING THAT THEY WOULD

NOT HAVE TO REPORT -- HAVE THE 15 FOOT BUFFER. >> WHAT'S BEEN APPROVED.

>> 50 FOOT BUFFER IS REQUIRED IS PART OF THE DEVELOPER. >> AS PART OF THE BASIN ORDINANCE. THAT WOULD HAVE TO BE INSTALLED UNLESS THESE THINGS GO SIMULTANEOUSLY. THEY ALSO WOULD HAVE SOME SUBDIVIDING TO DO AMONG OTHER THINGS JUST BECAUSE YOU WOULD THEN AT THAT POINT SUBDIVIDE THIS OFTEN MAKES SEPARATE PARCELS TO DO SEPARATE ITERATIONS. BUT BUFFER YARD IS GOING TO BE BETWEEN EITHER THE HOUSES ON THE GOLF COURSE OR

LONG GOLF OR RATE ON DEKALB STREET, ONE OF THE OTHER. >> LET ME JUST ADD THAT WE THINK IF ALLOWED TO BUILD THESE GARDEN HOMES, THERE IS A COMMON BUFFER THAT COMPLEMENTS THE PROPERTY THAT EXISTS. IT'S GOING TO LOOK NICER THAN THIS SURE, YOU KNOW? AND WE WANTED TO. WE WANTED TO BE AN UPSCALE, NICE LOOK. SO WITH THREE GARDEN HOMES AND ADDED LANDSCAPING IN THE LIVING FENCE, YOU KNOW, I THINK IT WILL BE A NICE UPSCALE PLACE.

IT SHOULD LOOK BETTER THAN THAT . >> MR. KIP WITHIN THE CONFINES OF THE ZONING ORDINANCE, DO YOU SEE ANY REASON WHY THE CITY COUNCIL COULD NOT CONDITION THIS AMENDED APPROVAL TO SAY THAT THE TREES CANNOT BE CLEARED UNLESS A PERMIT IS PULLED FOR SINGLE-FAMILY DETACHED HOUSING? BECAUSE IT IS AMENDING A CONDITIONAL USE

APPROVAL. >> NO, THE ONLY THING THAT'S NOT BEEN DISCUSSED IS THAT THE

UNDERLYING ZONING IS CDD. AND SO -- >> THAT'S WHY I WAS GOING

THERE. >> THERE ARE OTHER USES ALLOWED IN SIOUX CITY -- CCD ASIDE IS SINGLE-FAMILY HOMES. SO SINGLE-FAMILY HOMES IS ONE OF THOSE, I BELIEVE TOWNHOMES OR ANOTHER TYPE OF USE THAT WOULD NOT REQUIRE CONDITIONAL USE IN CDD.

>> I AM WONDERING IF THIS COULD BE THE AMENDMENT REMOVING LESS OF THE COUNCIL, IF THEY WERE INCLINED TO REMOVE IT FURTHER CONDITION THAT ONLY FOR SINGLE-FAMILY HOUSES IN THE AREA NOT BE CLEARED UNLESS A PERMIT IS PULLED FOR THE HOUSES.

>> I JUST GET UP ANOTHER QUESTION TO KELLY. SO YOUR CONSTITUENTS, WHAT IS -- SO

THEY DON'T WANT THESE TREES TORN DOWN? >> THEY WANTED TO REMAIN UNDISTURBED OR UNDEVELOPED. AND THE CONCERNS ARE TRAFFIC PROXIMITY TO THE MAJOR INTERSECTION. AGAIN, STUDENT PARKING IN JUST THE ABILITY TO KNOW WHAT'S GOING TO HAPPEN TO THE PROPERTY. SO I WISH THE BUSINESS WELL. I'M LOOKING FORWARD TO SEEING WHAT IT'S ALL ABOUT. BUT I KNOW THAT THE FOLKS THAT LIVE DIRECTLY TO THE LEFT OF THIS PHOTOGRAPH AND DENNIS CUL-DE-SAC THAT'S HEADING TOWARD US ARE OPPOSED IN GENERAL TO DEVELOPMENT.

THAT'S NOT WHAT THEY WERE TOLD WOULD HAPPEN. >> ME JUST CLARIFY THE FLOW OF THIS JUST TO GET MY MIND AROUND THIS AGAIN. THIS HAPPENED DURING THE PANDEMIC WHEN WE WERE ALL TRYING TO GET OUR HEADS AROUND BEING A COUNCIL IN OUR LIVING ROOMS OR WHEREVER WE WERE SET UP AND LOOKING AT EACH OTHER IN COMMUNICATING WITH EACH OTHER VIA ZOOM. AND AS I RECALL, THIS FLOW OF EVENTS WAS THE APPLICANT ASKED FOR TWO SPECIFIC WAIVERS ON THIS DEVELOPMENT? ONE WAS THE REDUCTION OF THE SOLID FENCE BECAUSE THE COST OF IT WAS PROHIBITED TO THE FURTHER DEVELOPMENT OF IT AND THE SECOND WAS AN ELIMINATION OF A 300 FEET BUFFER BETWEEN THE RESIDENTS AND THE DEVELOPMENT. DO I HAVE THAT CORRECT SO FAR?

>> I AM CHECKING. MR. KIP? >> THERE WAS A -- I HAVE DEFINED IT HERE.

>> AND LOOKING THROUGH IT? >> THERE WAS A SPECIAL DEVELOPMENT STANDARD, I BELIEVE, FOR COMMERCIAL RECREATIONAL USES. AND THAT REQUIREMENT, I DON'T KNOW IF IT

[00:50:07]

>> THANK YOU. SEEMS TO ME THAT THE CONDITION OF HAVING A WOODED LOT UNDISTURBED WAS PRESENTED AS A CONCESSION TO THE WAIVER OF THE 300 FEET AND THE FENCE. WITH THAT BE A FAIR

ASSUMPTION? >> I DO NOT RECALL. I CAN'T -- >> THAT'S HOW IT PLAYED OUT IN

MY MIND. TO ME, IT SEEMS -- >> PLEASE EXPLAIN THAT. >> THE APPLICANT HAD. IT'S A DIFFICULT LOT, THE ZONING ABUTTED A RESIDENTIAL AREA. IN ORDER FOR THE PROJECT TO MOVE FORWARD, ONE OF THE REQUIREMENTS WAS THE ZONING REQUIRED -- I DON'T REMEMBER

THE DEFINITION. >> IT WAS A SPECIAL DEVELOPMENT STANDARD.

>> IT WAS A BRICK FENCE THAT THE APPLICANT ASKED FOR IT TO BE REPLACED FOR MORE COST-EFFICIENT BUFFER, WHICH WAS A VEGETATIVE LIVING FENCE. THE CONCERN OF MANY RESIDENTS AT THAT TIME WAS THE WAIVER OF THE 300 FOOT BUFFER WHICH THE PLANNING DEPARTMENT RECOMMENDED APPROVAL FOR US AND WHICH WE DID. WE WAIVED THE 300 FOOT BUFFER. THE END CAP OF THAT CONVERSATION IT SEEMED TO ME AT THE TIME WAS THAT THE REMAINING -- THE WOODED LOT THAT SNOW ON -- FACES DEKALB STREET WOULD REMAIN UNDISTURBED AND IT SEEMED TO ME AS I -- WE WERE IN THE PANDEMIC THAT AS I UNDERSTOOD IT, THAT CONCESSION OF THE UNDISTURBED LOT, THE UNDISTURBED REMAINING PARCEL, THAT WAS A CONCESSION BECAUSE WE'VE GRANTED AN ELIMINATION OF THE 300 FOOT BUFFER AND GRANTED THE WAIVER OF THE FUNDS. SO IT SEEMS TO ME MUCH THE SAME AS COUNCILMAN GRISWOLD HAS MENTIONED THAT AFTER A SPACE OF TIME, THE TERMS HAVE CHANGED THAT THAT CONCESSION THAT WE GAVE AT THE TIME OF THE UNDISTURBED LOT IS NOW BEING TAKEN AWAY. AND IT SEEMS TO ME TO BE A BREAKING OF THE CONCESSIONS THAT WE MADE WERE

BREAKING OF THE AGREEMENT AS I UNDERSTOOD IT. >> REAL.

>> ,ON THE FENCE, MR. KICK, I CANNOT FIND ANYTHING IN THE MEMO. IS THAT THE LANDSCAPE REQUIREMENT OF SOME SORT OF SOLID FENCE? THE MEMO SPEAKS TO THE 300 FEET, AND THAT IS JUST TO CLARIFY THAT THE COUNCIL DID NOT WAIVE THAT. THE PLANNING COMMISSION DID AND THEY ARE THE ONLY BODY THAT HAS THE AUTHORITY. SO WHEN IT CAME TO YOU, JUST TO CLARIFY, DON'T THINK THE COUNCIL WEIGHED IT BECAUSE IT CAME TO YOU THIS WAY.

>> IT CAME TO WAIVE. >> IT CAME WEIGHT AND THAT WAY YOU DID NOT AMEND ANYTHING ABOUT THAT. THE LIVING WELL I DON'T RECALL, BUT WE HAD BUFFER YARD REQUIREMENTS BECAUSE OF THE DISTANCE BETWEEN COMMERCIAL AND RECREATIONAL USE IN SINGLE-FAMILY DETACHED HOUSES,

LIKELY REQUIRING SOME SORT OF SOLID BRICK WALL. >> TYPE II FENCE WHICH IS A METAL AND BRICK CLAD FENCE ESSENTIALLY I'M SOMETIMES THAT INCLUDES A BERM ON IT. THOSE ARE JUST REGULAR BUFFER YARD REQUIREMENTS. WHEN A PROPERTY HAS AN INTENSIVE USE NEXT TO A SINGLE-FAMILY USE FOR LOWER INTENSITY USE, THE BUFFER INCREASES. THE BUFFERS RANGE FROM FIVE FEET TO 20 FEET, 20 BEING THE MAX. SO THIS PROPERTY HAS A 20 FOOT BUFFER AND THE WAIVER COST WAS TO SWAP OUT THE FENCE, TYPE III FENCE, NOT TYPE II. TO SWAP OUT THE

FENCE FOR A MORE GREEN LANDSCAPE FENCE. >> I WILL NOT SPEAK WITH THE APPLICANT. BUT I DO KNOW SINCE WE HAVE DISCUSSED THIS, IT INITIALLY CAME TO US THROUGH THE INITIAL PHASE OF THE PANDEMIC, HE FAST-FORWARD ALMOST 3 YEARS LATER. MARKET CONDITIONS AND SO FORTH HAVE CHANGED DRAMATICALLY. AND IN KEEPING WITH WHAT'S ALREADY IN THE NEIGHBORHOOD AND LOOKING AT THIS PICTURE OF THESE PRETTY SAD PINE TREES, I WOULD THINK

[00:55:09]

>> I QUESTION FOR THE APPLICANT. >> WHAT YOU INTEND FOR SOMETHING TO GET THE LONG GOLF ACTIVITY FROM YOUR PROPOSED BACKYARDS OF YOUR TOWNHOUSES? DO YOU HAVE A SERIES OF HEDGES OR LANDSCAPING? SOMETHING IS GOING TO -- AND YOU WILL PUT THAT IN REGARDLESS OF WHETHER OR NOT YOU HAVE APPROVAL FOR THIS?

>> THERE WILL BE A 15 FOOT BUFFER REQUIRED ON OUR END. >> WHAT TYPE OF LANDSCAPING

WOULD SHIELD YOUR LONG GOLF FROM DEKALB? >> I DON'T KNOW THE SPECIFIC

BUSHES. >> SOMETHING WOULD.> THE MENTIONED SHRUBS, MR. GRISWOLD.

>> THAT WILL BE REQUIRED. IF NOTHING CHANGES. >> NOTHING CHANGES.

>> YOU PUT A 15 FOOT BUFFER AND THAT STARTS AT THE EDGE OF THE RIGHT-OF-WAY, GOES 15 FEET BACK. WE LOOK AT THE CANOPY TREES, YOU GET JUST AS YOU REQUIRE TREE EXCHANGES. SO THEORETICALLY THEY ARE PROBABLY PRETTY CLOSE TO MEETING THEIR CANOPY AND UNDERSTORY TRUE REQUIREMENTS WITH EXISTING TREES. THEY ARE NOT COMPLIANT WITH SHRUBS. AND SO, WILL REQUIRE X AMOUNT OF SHRUBS PER 100 LINEAR FEET. THAT WOULD BE IN THERE AND THAT'S REALLY UP

TO THEM HOW THEY ARRANGE THOSE. >> IT IS SAFE TO SAY THAT THIS PARTICULAR PICTURE WOULD NOT BE THE END RESULT. IF WE DISAPPROVE THIS TONIGHT, THIS PHOTOGRAPH WOULD NOT BE THE END RESULT. IT'S ANOTHER SERIES OF HEDGES OR SHRUBS OR SOMETHING ON THE OTHER SIDE OF THE TREES

SHIELDING THEM. >> MAY NOT BE ON THE OTHER SIDE. HAS TO BE THE EXACT 15

FEET FROM THE EDGE OF THE RIGHT-OF-WAY. >> SAFETY SAY THIS PICTURE

WOULD NOT BE THE END RESULT -- >> ABSOLUTELY. >> THANK YOU.

>> ANY COMMENTS OR QUESTIONS? THANK YOU, SIR. >> THANK YOU.

>> I HAVE TRIED TO GET MY HEAD AROUND BUFFER. TREES AND BUSHES VERSUS HOUSES. IF I'M LIVING RIGHT THERE AND I DON'T WANT THIS TO BE MAYBE IN MY MIND A NUISANCE, WHAT WOULD I RATHER HAVE THERE TO PROTECT THE NOISE AND THE ACTIVITY? I DON'T KNOW. I WOULD HAVE TO THINK THAT A HOUSE WOULD OFFER MORE RESISTANCE AGAINST WHAT'S GOING ON WITH ACTIVITY THERE LAND SOME SHRUBS AND PINE TREES. JUST THINKING OUT LOUD HERE, GUYS. I AM VERY CONCERNED ABOUT PARKING ON THE STREET RIGHT THERE. TO ME, THAT'S A NONSTARTER AND IT'S PROBLEMATIC. I DON'T KNOW WHAT ENGINEERS WOULD SAY ABOUT THAT AND HOW WE WOULD GET CARS IN AND OUT OF THERE FROM A DRIVEWAY PERSPECTIVE. BUT I TRUST OUR PEOPLE WOULD FIGURE IT ALL OUT AND HOLD THE DEVELOPER TO A VERY HIGH STANDARD.

>> MAYOR, WHETHER OR NOT YOU APPROVE THIS, THE COUNCIL HAS THE RIGHT TO ASK US TO STUDY THE AND PROPOSED BACK TO YOU CHECK WITH THE NEIGHBORHOOD THAT NO PARKING BE ALLOWED, SAY, FROM CHUCK TODD TO THE INTERSECTION. IF THAT'S WHAT YOU WANT, WE RUN THE PIECES INTO POSTCARD COMMENTS WITH THE NEIGHBORHOOD AND ITS FREQUENT WITH ALL OF THAT. THAT CAN

HAPPEN TODAY. >> THE PARKING LOT CAN GET FULL. THERE CAN BE A LOT OF ACTIVITY OUT THERE AND PEOPLE WOULD WANT TO OVERFLOW TO THE RIGHT. THAT WOULD BE A CONCERN. IS CONCERNED -- I'M NOT AN ENGINEER! THAT WOULD BE A SAFETY HAZARD FOR THE

UNIVERSITY. >> WITH THE BUFFER END UP BEING LARGER THAN THIS CURRENTLY UNDISTURBED AREA IF IT WAS DEVELOPED WERE WE TALKING THE EXACT SAME SPACE? I KNOW WE

[01:00:06]

TALK ABOUT -- ELEVATION OF THE 15 FEET? >> 15 FEET COMES INTO PLAY IF YOU DON'T APPROVE THE WAIVER. IF YOU DO, WILL YOU REMOVE THIS CONDITION -- IF YOU DO, BECAUSE THERE'S HOUSES THAT HAVE THE BUFFER AGAINST THE COMMERCIAL USE AND HAVE TO PUT A 10 FOOT BUFFER ON THE HOUSES BETWEEN THEM -- SORRY, ON THE GOLF COURSE SIDE ACTUALLY IN ON THE HOUSE PROPERTY, BUFFERING THAT USE FROM THE HOUSES. BUT THE PEOPLE THAT ARE DRIVING UP AND DOWN DEKALB STREET WOULD SEE HOUSES. AND I DON'T KNOW, LOGAN, UNLESS IT'S A PERFORMANCE RESIDENTIAL DEVELOPMENT, IT'S NOT REQUIRED TO HAVE THE FRONT BUFFER YARD, THE SINGLE-FAMILY HOUSES. DEPENDS ON THE STYLE. HE REFERRED TO GARDEN HOMES AND WE ARE TO LOOK AT THE ZONING ORDINANCE TO SEE WHAT HE IS SUBMITTING. TYPICALLY NOT REQUIRED FRONT YARD LANDSCAPING OF THE VAN TO GRASS AND SHORE UP THINGS. THE BUFFER YARD, IF THERE'S HOUSES, WOULD FALL TO THE BACKSIDE BETWEEN THE HOUSES AND THE GOLF COURSE.

>> BEHIND THE HOUSES THERE WOULD BE AN ADDITIONAL BUFFER? >> A 10 FOOT BUFFER BACK THERE.

OFF OF THE HOUSE PROPERTY AND ON THE GOLF COURSE PROPERTY. >> 15 FOOT BUFFER.

>> WAS GOING OFF OF WHAT YOU GAVE ME EARLIER. >> HE CORRECTED ME.

>> 15 REGARDLESS. >> CAN ASK A COUPLE QUESTIONS ABOUT THE OPERATION? WHAT I THINK I UNDERSTAND IS THAT WILL BE A RESTAURANT AND THERE'S GOING TO BE AN 18 HOLE GOLF COURSE, WHICH YOU PLAY ON WITH THE WIFFLEBALL AND PROBABLY CANNOT HIT IT MORE THAN 100 FEET. BUT IT'S AN 18 HOLE GOLF COURSE AND PEOPLE EATING IN THE RESTAURANT. IS THERE ENOUGH

PARKING FOR ALL OF THAT? >> ALL OF THAT MEETS THE ZONING ORDINANCE CRITERIA ESTABLISHED

FOR COMMERCIAL RECREATIONAL USE. >> OKAY. THEY HAVE A GOLF COURSE IN THE RESTAURANT AND A PRETTY GOOD PARKING LOT. THEN THREE HOUSES AND A BATHHOUSE OR WHATEVER THAT IS. THAT'S A LOT. THREE ACRES BUT IT IS A LOT OF STUFF.

>> MS. FRAZIER, WILL THERE BE A SIDEWALK AS PART OF THE EAST UNIVERSITY DRIVE?

>> NO. >> THAT'S SOMETHING ON A QUESTION ABOUT. NO SIDEWALK FROM THE PARKING LOT TO THIS LOCATION. YOU DON'T RECALL THAT BEING

PART OF -- >> I'M TRYING -- >> MAY BE SIDEWALK FEELS FINE.

BECAUSE THIS IS NOT CONNECTING YOU TO MUCH OF ANYTHING THAT'S GOING FURTHER DOWN THE SIDE OF EAST UNIVERSITY DRIVE. AND DEVELOPMENTS ARE ALL REQUIRED TO DO WITH SIDEWALKS BUT A LOT OF TIMES THEY INTO THE PHONE IN LIEU OF BUILDING IT. IT WOULD BE PUT TOWARD USE WITH THE CITY

FOR OTHER PROJECTS. . >> MAYOR, IF I MAY. I LOOK BACK AND WE APPROVED WITH US. WE APPROVED IT ON ONE OF THE CONDITIONS WAS MR. GRISWOLD'S STATED THAT IT WOULD REMAIN UNTOUCHED AND THERE'S NO WAY I COULD GO -- I THINK THE HOUSES WOULD BE GREAT. I THINK IT WOULD BE A GOOD ADDITION TO -- BUT I WILL NOT CHANGE WHAT WE TELL THE FOLKS EARLIER THAT WE DON'T HAVE THE VOTE AGAINST IT LIKE IT IS TONIGHT SIMPLY BECAUSE WHAT MS. GRISWOLD ESSAY. NOW, IF YOU WANT TO SOMEHOW PUT THIS OFF AND HAVE MORE INPUT FROM THE COMMUNITY IN THE NEIGHBORHOOD OVER THERE, I FOUND THAT TOO. BUT I LIKE TO HAVE HOUSES, AND I LIKE THAT YOU WANT TO DO IT. COMES DOWN TO THE FACT THAT THIS -- IF WE CHANGE IT NOW, WE ARE FILLING UP FAST ONE OF THE FOLKS OF THE NEIGHBORHOOD. I KNOW YOU ARE NOT INTENTIONALLY DOING THAT, BUT I KNOW THE ECONOMY IS CHANGING BUT IF YOU TELL SOMEONE YOU'RE GOING TO DO SOMETHING, YOU MIGHT HAVE A GOOD REASON TO PULL IT BACK. I FEEL THAT WOULD BE -- LOOK LIKE WHAT WE ARE DOING TONIGHT. SO THANK YOU.

>> ANYONE ELSE? ANY OTHER COMMENTS? OKAY. REMIND US, BECAUSE WE ARE UNCLEAR, PUTTING FORWARD AGAINST OR ON THIS TONIGHT? WE'VE HAD A LOT OF DISCUSSION HERE.

>> MAYOR ANDERS: REMINDED -- >> THE MOTION FOR APPROVAL IS TO APPROVE THE AMENDED COMMIT CONDITIONAL USE. IF YOU VOTE YES, YOU ARE AGREEING WITH THIS AMENDMENT TO REMOVE THE CONDITION OF THE UNDISTURBED AREA. IF YOU VOTE NO, THEN YOU DON'T AGREE WITH AMENDING IT TO REMOVE THIS AND YOU AGREE TO LEAVE IT. IF I VOTE NO, I WANT TO LEAVE IT AS PER USE DONE.

>> EVERYBODY GOOD? >> I REQUEST A ROLL CALL VOTE, PLEASE.

>> SURE. >> CAN WE DO IT ON RESOLUTION? >> REQUEST THE MAJORITY OF

YOU AGREE WITH A ROLL CALL VOTE, THEN -- >> EVERYONE OKAY WITH THAT?

[01:05:02]

>> WE CAN DO A ROLL CALL VOTE. >> LINDSAY? >> ADAMS?

>> YES. >> DAWSON. >>.[INDISCERNIBLE] >>

GRISWOLD. >> NO, MA'AM. >> FOREMAN.> NO, MA'AM.

>> PARSONS. >> NO. >> SAILOR.

>> NO. >> QUINTON. >> YES.

>> HANDERS. >> IS. >> FEELS FIVEASH THREE.

>> 3-5, YEAH. >> EXCUSE ME. ALL RIGHT. >> ME, THAT'S ALL THE ITEMS OF

[12. CITIZENS’ OPEN FORUM]

BUSINESS THIS EVENING. >> THIS TIME WE WILL OPEN THE CITIZENS OPEN FORUM IF YOU WANT TO ADJUST CITY COUNCIL. PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. WE ASK THAT YOU ADDRESS YOUR COMMENTS STRAIGHT TO THE CITY COUNCIL AND YOU HAVE THREE MINUTES TO SPEAK TO THE COUNCIL. WHOSE FIRST? YES, SIR. > ROBERT WILKINS, 261 DENSON DRIVE, AUBURN, ALABAMA. GOOD EVENING, MAYOR AND COUNCIL. THREE SIMPLE LETTERS: YES. YES CAN PRODUCE EXTRAORDINARY RESULTS SUCH AS A YOUNG MAN WHO'S BEEN KNOWN -- HAS KNOWN HIS GIRLFRIEND SINCE KINDERGARTEN TO KNEEL DOWN AND PRESENTS A KEY RING AND ASKS HER TO MARRY HIM, WITH NERVOUS ANTICIPATION, WITH TEARS OF JOY. SHE SAYS YES, YES. BUT YES CAN PRODUCE DEVASTATING RESULTS. TWO YEARS AGO THIS THURSDAY, THE LIBERTY BELL WAS SILENCED FOR 151 AUBURN FAMILIES, COMPOSING OF ALL MODEL 450 AUBURN CITIZENS. AS THEIR CONSTITUTIONAL RIGHTS AND THE PROPERTY RIGHTS WERE TRAMPLED UPON, THE OPEN CITY COUNCIL VOTED 5-3 FROM THE COMFORTABLE HOMES INSTEAD OF THE COUNCIL CHAMBERS, NOT WILLING TO WAIT UNTIL CONCERNED CITIZENS COULD RESPOND IN PERSON TODAY'S COUNCILMEMBERS AND ALL OF YOU ARE STILL ON THE COUNCIL. ORDINANCE 32 DISH 88 SHOW SHORT-TERM RENTAL.

COUNCILMAN DELMAS, YES, COUNCILMAN PARSONS, YES; COUNCILMAN GRISWOLD, YES; COUNCILWOMAN TAYLOR, YES; MAYOR ANDERS, YES. I JUST ASK ONE QUESTION OF ALL FIVE OF YOU: DO YOU REALLY KNOW THE REASONS YOU VOTED YES? AND WAS IT THE RIGHT DECISION? COUNCILMAN GRISWOLD TELLS THE COUNCIL AT ONE OF THE COUNCIL MEETINGS THAT THE HOTEL OCCUPANCY RATE IS NEVER OVER I BELIEVE 91 PERCENT EVEN FOR A FOOTBALL GAME FOR THE TOURIST DEPARTMENT, FROM THE TOURIST DEPARTMENT. HOW IS IT EVEN POSSIBLE? I KNOW THE ANSWER.

DO YOU KNOW THE ANSWER? TOURISM COUNTS THE NUMBER OF ROOMS EACH HOTEL HAS, BUT NOT HOW MANY USABLE ROOMS THERE ARE. TODAY'S COUNCILMEMBERS, FIVE COUNCILMEMBERS, DID NOT DO THEIR DUE DILIGENCE. HOW MANY COMPLAINTS AGAINST SHORT-TERM RENTALS WERE REPORTED EACH WEEK, EACH MONTH, EACH YEAR? HOW MANY PEOPLE WOULD BE AFFECTED WITH THE ORDINANCE? HOW WILL THIS AFFECT THE CONSTITUTIONAL RIGHTS? HOW WILL THIS AFFECT THE PROPERTY RIGHTS? WHAT RECOMMENDATION DID THE TASK FORCE PRESENT TO THE COUNCIL? HOW MANY OF YOUR COUNCILMEMBERS DIRECTLY CONTACTED CONSTITUENTS IF YOU AWARD TO GET THIS? AND MANY, MANY MORE UNANSWERED QUESTIONS. JUST REMEMBER, THESE FIVE COUNCILMEMBERS MAY HAVE A LOT TO ANSWER FOR WHEN THE ALABAMA SUPREME COURT RULES IN FAVOR OF COUNCILMAN DICKSON. THE SIDE SWISS COUNCIL TURNING THEIR BACKS TO COUNCILMAN DICKSON WHILE HE WAS FIGHTING FOR OUR CONSTITUTION AND PROPERTY RIGHTS, YOU SHOULD BE ASHAMED. PART TWO NEXT WEEK, TOOLS AND

BUREAUCRATIC TOOLBOX. THANK YOU. >> WHO WILL BE NEXT?

>> MOVED TO ADJOURN? >> I'M SORRY, I APOLOGIZE. >> I THOUGHT WE WOULD HAVE MORE TAKERS. HEY, Y'ALL. MY NAME IS LEAH BILLY WELBORN, 120 .[INDISCERNIBLE] APARTMENT FIVE. I'M COMING UP AFTER HEARING SOME ABOUT THE LIBRARY BEING CENTER OF SOME DEBATE OR THE INCLUSION OF MATERIALS ARE PRESENTING LGBTQ+ COMMUNITY. I WANTED TO COME UP HERE AND SPEAK IN SUPPORT OF THAT CONTINUED PRESENCE AT OUR LIBRARY, BECAUSE OF THE DIFFERENCE IT MAKES FOR THE COMMUNITY. I WANT TO SHARE A FEW THINGS FROM THE TREVOR PROJECT. THEY DID A SURVEY OF 34,000 LGBTQ YOUTH AGES 13 TO 24 ACROSS THE UNITED STATES.

[01:10:08]

FEWER THAN ONE IN THREE TRANSGENDER AND NON-BINARY YOUTH FOUND THEIR HOME TO BE GENDER AFFIRMING. LGBTQ YOUTH WHO FOUND THEIR SCHOOL TO BE LGBTQ AFFIRMING REPORTED LOWER RATES OF ATTEMPTING SUICIDE AND LGBTQ YOUTH WHO LIVE IN A COMMUNITY THAT'S ACCEPTING OF LGBTQ PEOPLE REPORTED SIGNIFICANTLY LOWER RATES OF ATTEMPTING SUICIDE AND THOSE WHO DID NOT. WHEN PEOPLE RAISE THEIR PERSONAL OPINIONS ABOUT THIS, I WOULD LIKE YOU TO KEEP IN MIND THAT IT'S NOT JUST AN OPINION ON OUR SIDE AND THIS IS LITERALLY A MATTER OF LIFE AND DEATH, HAVING THESE RESOURCES BEING VISIBLE IN THE COMMUNITY AND BEING SUPPORTED CAN MAKE THE DIFFERENCE WHETHER SOMEONE LIVES OR DIES. THANK YOU. WOULD BE NEXT? YES, MA'AM?

>> HEATHER MANN, 575 SHELTON MILL ROAD, FOLLOWING UP ON THE EXCELLENT POINTS. IT'S BEEN PROVEN TIME AND TIME AGAIN THROUGHOUT NUMEROUS STUDIES OF SIMILAR SMALLER AND LARGER SAMPLE SIZES THAT TREATING ALL LGB T, ALL-CLEAR FOLKS, SPELLED C YOU CAN CHILDREN WITH COMPASSION, RESPECT, DIGNITY HAS BEEN PROVEN TO REDUCE SELF-HARM, SUICIDE RISK, AND THESE ARE THINGS THAT THE PUBLIC LIBRARY IS ATTEMPTING TO DO. THE FACT THAT THEY ARE EXPERIENCING ALL OF THIS PUSHBACK FOR TRYING TO HELP THE CHILDREN OF AUBURN IS, FRANKLY, ASHAMED. AND THE FACT THAT THERE ARE PEOPLE WHO ARE SPEAKING IN FAVOR OF IT IS VERY HEARTENING. PERSONALLY, I WAS ALMOST 20 YEARS OLD BEFORE I EVER SAW SOMEONE LIKE ME REPRESENTED IN MY COMMUNITY. AND THAT WAS LIKE A DVD IN THE FRONT ROW SECTION OF MY LOCAL LIBRARY OF WHATEVER -- I THINK IT WAS LOVE SIMON THAT HAD RECENTLY COME OUT. THAT WAS THE FIRST TIME I EVER SAW MATERIALS THAT SHOWED SOMEONE LIKE ME OUT IN THE OPEN. I DID NOT HAVE ANYONE LIKE ME IN MY IMMEDIATE FROM GROUP. I DID NOT HAVE ANYONE AROUND ME LIKE SCHOOL. FINALLY NOT AT HOME AND CERTAINLY NOT IN MY CHURCH. SO THE FACT THAT I CAN GO TO A PUBLIC LIBRARY, I CAN GO TO THE UNIVERSITY OR WALK DOWN THE STREET AND I CAN SEE THIS MATERIALS, CAN SEE MYSELF REPRESENTED MAKES ME FEEL SO HAPPY FOR THE FUTURE GENERATIONS, KNOWING THAT WE ARE AT A POINT WHERE WE CAN DO THINGS TO MAKE THE NEXT GENERATION SAFER AND MORE COMFORTABLE AND HAPPIER AND AT LOWER RISK OF DANGER, SELF-HARM, SUICIDE. IT'S VERY, VERY HEARTENING TO SEE AND VERY HEARTENING TO SEE PEOPLE COMING BEFORE A GOVERNMENTAL BODY AND BEING ABLE TO SAY THAT WITHOUT FEAR. THANK YOU.

>> THANK YOU. >> ANYONE ELSE? >> SUSAN YOUNGBLOOD, 729 NORTH KERRY DRIVE. EVERYONE DOWN BECAUSE I'M REALLY NOT GOOD AT SPEAKING OFF THE CUFF. I WANT TO OFFER A THANK YOU TO THE LIBRARY FOR OFFERING A DIVERSITY BOOKS INCLUDING BOOKS THAT I DISAGREE WITH. THIS WIDE RANGE OF CHOICES IN THE LIBRARY POLLS PERSISTENCE TO CENSORSHIP HELP MAKE OUR COMMUNITY ATTRACTIVE, INCLUDING TWO PROFESSIONALS WHO CONSIDER MOVING TO AUBURN. THIS IS PARTICULARLY TRUE FOR POTENTIAL EMPLOYEES OF THE COUNTY'S LARGEST SINGLE EMPLOYER, AUBURN UNIVERSITY. I AM A MOTHER OF TWO CHILDREN WHO MY HUSBAND AND I HAVE RAISED HERE. I APPLAUD THE WIDE SELECTION OF CHILDREN'S AND YOUNG ADULT

[01:15:05]

THEY'VE LONG NURTURED OUR CHILDREN WHO ARE NOW TEENS. I HAVE DEVELOPED A NEW APPRECIATION FOR THE BOOKS THAT HELP OUR YOUTH AND YOUNG ADULTS NAVIGATE THE CHANGES AND ISSUES THEY MUST NAVIGATE, PARTICULARLY CRITICAL HAVE BEEN THE LGBTQ+ READING OPTIONS.

APPROXIMATELY 5 PERCENT OF THE POPULATION IS LGBTQ+, 5 PERCENT, WHICH EQUATES TO ONE IN 20. I HAVE LONG THOUGHT OF THIS IN THE CONTEXT OF MY CHILDREN'S CLASSES. AND I KNOW I'M SPEAKING TO YOU TODAY, LONG AFTER MY CHILDREN WERE LITTLE. BUT WHEN OUR OLDEST WAS LITTLE, NEWS AND CONVERSATION BROUGHT THIS STATISTIC TO MIND. WHEN I WALKED INTO MY OLDEST'S KINDERGARTEN CLASS X YEARS AGO, AFTER HAVING THAT BROUGHT TO MIND, I REALIZED THAT LIKELY ONE OF THE CHILDREN IN HER 23 STUDENT CLASS WOULD FALL INTO THAT CATEGORY. I HOPE THAT WHOEVER THAT TURNED OUT TO BE WOULD BE SUPPORTED AND HAVE A SUPPORTIVE FAMILIES, SUPPORTIVE COMMUNITY, SEE THEMSELVES REPRESENTED FOR THE REASONS THAT OUR PREVIOUS CITIZENS HAVE POINTED OUT. I AM VERY, VERY PROUD TO BE AN AUBURN CITIZEN, AND AUBURN RESIDENT, AND I'M VERY PROUD OF OUR LIBRARY AND OUR LIBRARY'S WHY CHOICES. THANK YOU.

>> THANK YOU. MAYOR ANDERS, LADIES AND GENTLEMEN OF THE COUNCIL, THE SUN APARTMENT 111, I CONCUR WITH THE OTHER SPEAKERS IN REFERENCE TO ALLOWING THE LIBRARY TO OFFER AS WIDE A VARIETY OF LITERATURE MATERIALS AS POSSIBLE. AM SURE YOU ARE AWARE OF THIS EFFORT TO BAN CERTAIN BOOKS AND CERTAIN TYPES OF BOOKS. IT'S BEEN GOING ON FOR YEARS. AND IF THESE MATERIALS, IN WHICH THE PREVIOUS SPEAKERS HAVE SPOKEN UP TONIGHT ARE BANNED, GUESS WHAT IS COMING NEXT, OTHER TYPES OF MATERIALS SUCH AS THOSE IN REFERENCE TO AFRICAN-AMERICANS, NATIVE AMERICANS, OTHER PEOPLE OF COLOR. I AM SURE YOU ARE AWARE OF WHAT'S BEEN HAPPENING IN TEXAS AND IN OTHER PLACES. THE STATE LEGISLATURE IN TEXAS FOR AT LEAST A COUPLE OF PEOPLE THERE HAVE A LONG LIST OF DEMAND SUCH AS THE SPEAKERS TONIGHT HAVE REFERRED TO AND PLUS OTHERS. I WOULD URGE YOU IN YOUR COMMUNICATION AT THE LIBRARY BOARD TO ENCOURAGE THEM TO CONTINUE TO OFFER MATERIAL THAT'S CONTROVERSIAL AND MAY FEEL UNCOMFORTABLE, BUT IT WILL IMPROVE RELATIONS IN OUR COMMUNITY BETWEEN YOU ALL AND

THE CONSTITUENTS AND EACH OTHER. THANK YOU. >> THANK YOU.

>> WHO'S NEXT?

* This transcript was compiled from uncorrected Closed Captioning.