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THAT GOOD WITH EVERYBODY? OKAY. IS THERE A MOVE TO ADJOURN TO

[1. CALL TO ORDER.]

[00:00:05]

THE COMMITTEE OF THE WHOLE PACKET IS AFTER 6:00, WE WILL GO AHEAD AND START WITH OUR COUNCIL MEETING. I WANT TO WELCOME EVERYBODY TO THE AUBURN CITY COUNCIL MEETING FOR SEPTEMBER 17TH, 2024 WELCOME, EVERYBODY JOINING US LIVE, CERTAINLY THOSE WATCHING US THROUGH THE STREAMING ON YOUTUBE AND FACEBOOK. THOSE THAT ARE LISTENING, WELCOME TO TONIGHT'S MEETING. AT THIS POINT IN TIME, WE WILL ASK

LINDSAY TO CALL THE ROLE. >> ADAMS?

>> HERE. >> DAWSON

>> HERE. >> GRISWOLD?

>> HERE. >> WITH HIM?

>> HERE. >>

>> PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. AND THEN 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. TONIGHT,

[4. MAYOR AND COUNCIL COMMUNICATIONS.]

DURING THE COMMITTEE OF THE WHOLE, WE MADE A NUMBER OF APPOINTMENTS, CHRIS ROBERTS AND FORMER UNIVERSITY PRESIDENT TO THE INDUSTRIAL DEVELOPMENT BOARD. ALSO REAPPOINTED LEE COUNTY SHERIFF JAY JONES TO THE LEE COUNTY YOUTH DEVELOPMENT CENTER. WE HAVE HAD A DISCUSSION ABOUT A PROPOSAL OF A SIDEWALK ALONG EAST UNIVERSITY DRIVE FROM OLD MILL TO MCKINLEY. ULTIMATELY, THE CITY COUNCIL IS NOT GOING TO MOVE FORWARD AT THIS TIME WITH ASKING THE STAFF TO ADD AN AGENDA ITEM, A RESOLUTION THAT WOULD INCLUDE APPROVING OR NOT APPROVING THE SIDEWALK. WE ARE SAYING OUT LOUD, WE WANT TO CONTINUE TO LOOK FOR GOOD, SAFE SOLUTIONS FOR YOUNG PEOPLE TO GET BACK AND FORTH. I WANT TO SELL THEM THANK YOU, IT WAS A GREAT TIME WITH MOCHAS WITH THE MAYOR, WHAT A BEAUTIFUL MORNING AT AUBURN UNIVERSITY. I APPRECIATE ALL THE STUDENTS WHO CAME BY, PROUD OF OUR ENGAGEMENT AND WORK TOGETHER, PROUD OF Y'ALL'S HARD WORK TO MAKE THAT EVENT HAPPEN. GARY FOLDERS, HE PAID OFF HIS DEBT FOR THE AUBURN HIGH TIGERS BEATING THE BULLDOGS AND HE TOOK ME TO LUNCH AND I APPRECIATE GARY BEING A GOOD SPORT. CONGRATULATIONS TO THE AUBURN HIGH FOOTBALL TEAM, GREAT SEASON, BE THE NUMBER TWO TEAM IN THE STATE LAST WEEKEND AND WE ARE VERY PROUD OF THEM, AS ARE THE WARRIORS WHO ARE CURRENTLY UNDEFEATED AS WELL.

HIGH SCHOOL FOOTBALL IS GOING VERY WELL. I WANT TO THANK ALL OF THE FOLKS FROM ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT, WORKING WITH GE AIRSPACE FOR A GREAT TAILGATE BEFORE THE HOMECOMING GAME AGAINST NEW MEXICO, WE ARE VERY PROUD TO BE THE HOME OF GE AIRSPACE AND LOOK FORWARD TO ALL OF THE NEW TECHNOLOGY AND ADDITIONS TO OUR CITY IN THE FUTURE. I WAS ASKED TO PARTICIPATE IN THE HOMECOMING PEP RALLY LAST FRIDAY AND WAS ABLE TO SPEAK TO THE CROWD THERE. I AM NOT GOING TO TAKE CREDIT FOR THE LATE GREAT VICTORY ON SATURDAY AFTERNOON, WE HOPE EVERYBODY HAD A GREAT TIME AT HOMECOMING. WE WELCOME OUR ALUMS BACK TO THEIR COMMUNITY AND IT WAS A GREAT WEEKEND, WE LOOK FORWARD TO THE NEXT FEW WEEKENDS WITH ARKANSAS AND OKLAHOMA COMING TO AUBURN.

LAST WEEK WAS A -- MYSELF AND THE MAYOR PRO TEM ATTENDED A DINNER AT THE PERFORMING ARTS CENTER AS THEY KICKED OFF A FUNDRAISING EFFORT TO IMPROVE THE PERFORMING ARTS CENTER WITH A FOCUS ON THE NEW EMPATHY THERE. IT WAS A WONDERFUL EVENING WITH A LOT OF GREAT FOOD AND GREAT CAMARADERIE AND JUST CONTINUE TO BE THANKFUL FOR EVERYTHING THAT THE PERFORMING ARTS CENTER MEANS TO OUR COMMUNITY AND ALL OF THE ENJOYMENT THAT SO MANY OF US HAVE AT THE PERFORMING ARTS CENTER. I WANT TO THANK ST. MICHAEL'S CATHOLIC CHURCH FOR HOSTING THE BLUE MASS ON 9/11. THEY RECOGNIZE OUR FIRST RESPONDERS EVERY YEAR BY HOLDING A MASS AND I APPRECIATE THEIR RECOGNITION OF THOSE PEOPLE WHO PROTECT US EVERY DAY AND THEIR RECOGNITION OF THAT POIGNANT DATE IN OUR COUNTRY'S HISTORY. 9/11, I APPRECIATE THAT, THERE WERE A NUMBER OF OTHER ENTITIES IN OUR COMMUNITY THAT RECOGNIZED OUR FIRST RESPONDERS AND OUR PUBLIC SAFETY OFFICIALS, CERTAINLY, I APPRECIATE ALL OF THOSE PEOPLE WHO DID THAT. THIS PAST WEEK, THE SOUTHEASTERN TORY IS FOR SOME ASSOCIATION HAD THEIR ANNUAL CONFERENCE IN AUBURN, NORMALLY IN OTHER CITIES ACROSS THE SOUTHEAST AND THERE WAS ALMOST 300 BIDDERS -- 3000 VISITORS IN OUR COMMUNITY FOR ABOUT 72 HOURS, WE ARE GRATEFUL TO HAVE THOSE PEOPLE BE A PART OF AUBURN. CONGRATULATIONS TO ALL THE FOLKS AT COUNTRY'S BARBECUE , FOR A LONG, LONG TIME THAT HAS SET UP THERE AND HE HAS BUILT A BUILD NEEDS --

[00:05:04]

NEW BUILDING, I APPRECIATE LARRY REINVESTING IN OUR COMMUNITY AND REINVESTING RIGHT THERE ON OPELIKA ROAD, WE APPRECIATE HIM STAYING WITH US AND BUILDING A NEW BUILDING AND LOOK FORWARD TO HIS SUCCESS. ANYONE ELSE?

>> I HAVE A COUPLE. >> PLEASE.

>> I WOULD JUST LIKE TO THANK THE AUBURN CHAMBER, AUBURN YOUNG PROFESSIONALS LUNCHEON TO IMPART A BIT OF KNOWLEDGE ABOUT WHAT IT MEANS TO SERVE ON THE CITY COUNCIL, SO THANK YOU TO THE CHAMBER FOR THAT INVITATION AND I WOULD LIKE TO EXTEND A BIG HAPPY BIRTHDAY FOR THIS WEEK TO OUR VERY OWN MAX, WHO TURNS A BIG NUMBER THIS WEEK. I'M NOT TELLING YOU WHAT THAT

IS. >> THANK YOU!

>> THANK YOU, BETH, HAPPY BIRTHDAY, MAX.

>> THANK YOU, I APPRECIATE IT.

>> ARE WELCOME TO TELL US HOW OLD YOU ARE, IF YOU WANT TO

PICK >> I WILL LET YOU GUESS.

>> ANYONE ELSE ON THE COUNCIL WITH ANNOUNCEMENTS THEY WOULD

LIKE TO MAKE? >> I SENT EACH OF YOU A LETTER FROM ONE OF MY CONSTITUENTS BEFORE THE MEETING, I ENCOURAGE YOU TO READ IT, THINGS WENT VERY WELL, WE HAVE A GREAT BUNCH OF PEOPLE WORKING FOR US, I WOULD LIKE TO THANK DIRECTOR MATTHEWS FOR THE JOB HE DOES WITH HIS FOLKS. I HOPE THAT

[5. AUBURN UNIVERSITY COMMUNICATIONS.]

EACH OF YOU TAKE TIME TO READ IT TODAY.

>> THANK YOU, CHIEF, THANK YOU. ANYONE ELSE? OKAY, WE WILL MOVE FORWARD WITH AUBURN UNIVERSITY COMMUNICATIONS.

>> GOOD AFTERNOON, Y'ALL, THANK YOU FOR HAVING ME. LAST SATURDAY DURING HALFTIME OF THE FOOTBALL GAME AGAINST UNIVERSITY OF NEW MEXICO, HELEN TALMAGE WAS NAMED MISS HOMECOMING. SHE HAS BEEN ACTIVELY INVOLVED AS A COUNSELOR AND A STUDENT RECRUITER, HER SLOGAN WAS, AT THE TABLE WITH TALMAGE AND AS A DIETETIC STUDENT, HER PLATFORM IS FOCUSED ON ADDRESSING FOOD INSECURITY, FOSTERING FELLOWSHIP THROUGH SHARED MEALS AND EDUCATING OTHERS ABOUT THE IMPORTANCE OF PROPER NUTRITION. WE ARE INCREDIBLY PROUD OF HELEN AND ALL OF THE CANDIDATES WHO TOOK PART IN CAMPAIGN SEASON. NEARLY 10,000 VOTES CAST, A LOT OF PARTICIPATION WE ARE REALLY THRILLED ABOUT. I ALSO WANTED TO EXTEND A THANK YOU FOR JOINING US AT MOCHAS WITH THE MAYOR, I THINK IT WAS A GREAT TIME TO HAVE STUDENTS COME OUT AND GET THE CHANCE TO CHAT WITH YOU. WE IN SJA CERTAINLY DID, WE ARE TALKING ABOUT WAYS TO GET YOU BACK ON CAMPUS SOON. WE WILL KEEP YOU UPDATED ABOUT THAT, OUR EXTERNAL AFFAIRS TEAM FINISHED A INTERVIEW PROCESS FOR THE BOARD THAT FOCUSES ON LOBBYING STATE SENATORS AND REPRESENTATIVES FOR EXPANSIONS TO THE EDUCATION TRUST FUND, WE TALK ABOUT ALL TYPES OF EVENTS GOING ON IN THE COMMUNITY AND NATIONALLY AS WELL. WITH ELECTION SEASON COMING UP, I'M SURE IT WILL BE REALLY EXCITING. ON A DIFFERENT NOTE, I WANTED TO SHARE SOME RECENT DATA FROM A CENSUS REPORT THAT CAME OUT LAST WEEK. AUBURN'S ENROLLMENT HAS REACHED AN ALL-TIME HIGH OF 34,195 STUDENTS AND OUR ONE YEAR RETENTION RATE IS 95% AND OUR SIX-YEAR GRADUATION RATE IS AT 85%, WHICH ARE BOTH ALL-TIME HIGHS FOR THE UNIVERSITY. REALLY PROUD ABOUT THAT, ONE MORE THING I WANTED TO MENTION, STUDENTS ARE EXCITED ABOUT PRINTING. I KNOW THAT SOUNDS ODD, I THINK YOU'D BE SURPRISED HOW DIFFICULT IT CAN BE TO GET ALL OF THE PRINTERS STANDARDIZED ACROSS THE UNIVERSITY, THAT WAS ONE OF THE BIG ISSUES OUR TEAM TOOK ON THIS YEAR AND THEY HAVE ALREADY ALMOST GOT IT FINISHED. IT HAS BEEN REALLY GREAT, EVERYWHERE

[6. CITIZENS’ COMMUNICATIONS ON AGENDA ITEMS.]

YOU GO, THE PRINTERS ARE THE SAME AND IT IS A HUGE QUALITY OF LIFE IMPROVEMENTS FOR OUR STUDENTS. THANK YOU FOR HAVING

ME AND WAR EAGLE! >> THANK YOU! OKAY, AT THIS TIME, WE WILL OPEN IT UP FOR COMMUNICATIONS ON TONIGHT'S AGENDA, REMEMBER, THIS IS ONLY ITEMS BEING CONSIDERED ON TONIGHT'S AGENDA. THERE ARE A COUPLE OF ITEMS THAT HAVE PUBLIC HEARINGS ATTACHED TO THOSE, IF YOU WOULD LIKE TO SPEAK TO THE CITY COUNCIL ABOUT ANY OF THOSE, WE WOULD ASK YOU WAIT UNTIL THAT COMES UP. DURING OUR TIME HERE, BUT IF YOU WOULD LIKE TO SPEAK TO THE COUNCIL ABOUT ANYTHING ON THE AGENDA, PLEASE COME FORWARD, I JUST ASK THAT YOU GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, YOU WILL HAVE FIVE

MINUTES. >> ALL RIGHT, HELLO, MAYOR, COUNCIL PEOPLE. COUNCILMEMBERS. MY NAME IS CHUCK HEMARD, I LIVE AT HILLANDALE DRIVE, YOU WILL BE HEARING MY CASE ABOUT THE HEMARD ANNEXATION. I WILL JUST SUMMARIZE, 4.458 ACRES, HOPING TO PUT IT IN THE CITY SO MY DAUGHTER CAN ACCESS CITY SCHOOLS. THE PLANNING COMMISSION COMMITTED APPROVAL, THAT WAS POSTPONED DUE TO ALLOWING THE PLANNING STAFF TO INFORM THE COUNCIL, I BELIEVE, I HAVE HEARD THAT YOU GUYS HAVE NOW MET ABOUT THE 2024 UPDATES PROPOSED TO THE CITY'S COMPREHENSIVE PLAN. SO I JUST WANTED TO SAY A FEW THINGS IN

[00:10:03]

CASE IT MIGHT HELP MY CASE OUT. FIRST, I'M GOING TO TRY TO MAKE IT THROUGH HERE. FIRST A LITTLE PERSONAL HAIR HISTORY, I STARTED MY 17TH YEAR AT THE UNIVERSITY, CURRENTLY THE CHAIR OF ART AND ART HISTORY, I TEACH PHOTOGRAPHY AND MY WHITE IS A CPA, WORKING FOR 17 YEARS DOING THAT, SHE WORKS AT MATCHING.

MOSTLY, SHE IS A TAX MANAGER THERE. SHE LEADS A GIRL SCOUT TROOP, SHADOW TO TROOP 7719. MY DAUGHTER IS, I BELIEVE, THE ONLY GIRL IN THE TROOP IN NOT THE CITY RIGHT NOW, WE BOUGHT THIS LAND IN 2015 AND I HAVE BEEN WATCHING HOW ANNEXATIONS WORK SINCE THAT TIME AND TRYING TO INFORM MYSELF ABOUT THE PROCESS. IT SEEMS LIKE BETWEEN PLANNING COMMISSION AND THE CITY COUNCIL, THERE IS ALWAYS THOSE WHO SEEM TO SUPPORT WHAT THE PLANNING STAFF POLICY, SORT OF, RECOMMENDS AND IN REGARDS TO THESE OPTIMAL BADGE DECISIONS. THEY ARE RECOMMENDING INCLUDING HILLANDALE DRIVE, THE STREET THAT MY HOUSE IS LOCATED ON, IN CASE ANY OF YOU ARE STILL UNDECIDED, I KNOW IT HAS BEEN LUMPED IN WITH FOUR OTHER CASES, BUT I WOULD LIKE TO POINT OUT A FEW THINGS THAT MAKE MY CASE UNIQUE. I UNDERSTOOD THAT THERE MIGHT HAVE BEEN SOME CONCERN ABOUT WHETHER OR NOT I DID SOME KIND -- BECAUSE OF THE SHAPE OF MY LOFT -- LOT, ADMINISTERED OF SUBDIVISION TO EITHER SKIRT OR SOMEHOW WORK WITH GUIDELINES TO GET MYSELF AN ADVANTAGE THERE, BUT I JUST WANT TO SHED LIGHT, EXCUSE ME, A LIGHT ON THE HISTORY OF WHY THE DOCK LOT WAS DIVIDED THE WAY IT WAS. WE MOVED MY MOTHER HERE, WE PURCHASED LAND IN 2025, WE MOVED MY MOTHER HERE IN 2018.

THE HOUSE THAT HAS A RED CIRCLE ON IT IS THE HOUSE WE BUILD FOR MY MOTHER IN 2019. UNFORTUNATELY, SHE PASSED A LITTLE OVER A YEAR'S IT YEAR AGO, UNEXPECTEDLY. AS WE WERE LOOKING TO BUILD OUR HOUSE, WHICH WAS IN 2020, I BELIEVE, 2021 BY THE TIME HE FINISHED IT, OF COURSE, WE WANTED TO SHARE THAT DRIVEWAY AND WE HAD A LIEN ON OUR LARGER PARCEL OF LAND, SO WE HAD TO BREAK OUT AND RELEASE FROM THAT LIEN.

THIS 4.58 ACRES. IT MADE SENSE TO PUT THAT POST DOWN ALONGSIDE THAT DRIVEWAY AND CONNECT IT WHERE IT DID. THE PROPERTIES YOU SEE AROUND THERE THAT ARE ALL GREENER IN THE CITY, THE ONES TO THE WEST ACROSS HILLANDALE, THOSE ARE FOUR HOMES THAT MICHAEL ALLEN, MICHAEL MONK BUILT. THAT PARCEL BUT IS 12 ACRES WAS NOT IN THE CITY AT THE TIME WHEN WE DID OUR SUBDIVISION, I WILL JUST SAY THAT. IT'S NOT LIKE WE SAW THAT AND SAID, OH, WE CAN CONNECT THERE. IT IS JUST THE WAY IT WORKED OUT, I DID THE TOPO MAP, WE BUILT OUR HOUSE ON THE HILLTOP. WE ARE ABOUT 175 FEET BEYOND THE OPTIMAL BOUNDARY. UNDER YOUR CONSIDERATION NOW, THE LOT TO THE NORTH. THE SURROUNDING LOTS AS WELL, I GUESS, IF YOU GO TO THE NEXT SLIDE. ONE THING I WOULD LIKE TO POINT OUT, OUR 4.58 ACRE CANNOT BE SUBDIVIDED BECAUSE THERE IS A THREE ACRE BLOCK MINIMUM IN RURAL ZONING, THAT IS JUST THE WAY IT WORKED OUT. BY PUTTING MICE MY PARCEL IN THE CITY, I CANNOT SUBDIVIDE. I HAVE NO INTENTIONS TO DEVELOP THE PROPERTY FURTHER, WE ENVISION A RELATIVELY SMALL SCALE, WHAT I WOULD LIKE TO CALL IT ECOLOGICAL RESTORATION . I LIKE TO DO RESTORATIVE BURNING, YOU CAN SEE THE NAME, THAT IS FACTUALLY THE GEOGRAPHIC PROVIDENCE ON WHICH THIS LAND SITS. SO THAT IS OUR INTENTION THERE. AS FAR AS UNIMPROVED ROAD GOES, I KNOW THAT IS AN ISSUE THAT HAS BEEN DISCUSSED.

I DON'T KNOW HOW THE CITY AND COUNTY WILL WORK THAT OUT, THAT SEEMS TO BE A TOPIC TO BE DISCUSSED. AS FAR AS ROADS CURRENTLY SERVED BY THIS, THERE ARE 12 CURRENTLY IN THE CITY, INCLUDING ONE THAT IS CURRENTLY ABOUT TO BE FINISHED IN ABOUT, LET'S SEE, FIVE THAT ARE NOT. THERE IS ALREADY A MAJORITY IN THE CITY. SORRY, I WILL STOP THERE.

>> THANK YOU. WHO WILL BE NEXT? WE WILL BE MOVING AHEAD, MAYOR

[7. CITY MANAGER’S COMMUNICATIONS.]

UNDER CITY COMMISSION COMMUNICATIONS.

[8. CONSIDERATION OF CONSENT AGENDA.]

>> THE APPOINTMENTS WILL BE MADE AT THE OCTOBER 15TH MEETING, FIRST ITEM OF BUSINESS IS A CONSENT AGENDA, DOES ANY COUNCIL MEMBER WISH TO REMOVE AN ITEM FROM THE CONSENT AGENDA AND DEAL WITH THAT ITEM INDIVIDUALLY? IF NOT, IS THERE A MOTION TO APPROVE THE CONSENT AGENDA?

>> SALUTE. >> IS THERE A SECOND?

[00:15:01]

>> SECOND. >> POLICE SAY AYE?

[9.a.(1) Hemard Annexation. Approximately 4.45 acres. Property located at 315 Lee Road 025 (Hillandale Drive). Postponed at the July 16, 2024, City Council meeting.]

>> AYE. >> ORDINANCES?

>> UNDER ORDINANCES, TO ANNEX APPROXIMATELY 4.45 ACRES, LOCATED AT HILLANDALE DRIVE, LOCATED OUTSIDE THE OPTIMAL BOUNDARY AS IT STANDS TODAY. PLANNING COMMISSION FAILED TO RECOMMEND APPROVAL OF THIS ANNEXATION BY A VOTE OF 3-5 AT ITS JULY 11TH MEETING, POSTPONED FROM JULY 16TH CITY COUNCIL MEETING. UNANIMOUS CONSENT IS NECESSARY.

>> DOES ANYONE IN THE COUNCIL HAVE A PROBLEM WITH MOVING FORWARD WITH A VOTE ON THIS THIS EVENING?

>> SEEING OR HEARING NONE, ANY COMMENTS OR QUESTIONS?

>> YES, SIR? >> MR. HEMARD HAD A MAP UP, EVERYTHING THAT WAS IN REDDISH PINK IS HIS PROPERTY? IS THAT

CORRECT? >> THAT IS CORRECT.

>> IT SURROUNDS THIS 4.45 ACRES. IN TOTAL, CAN I ASK HOW

MANY ACRES THAT IS? >> APPROXIMATELY 37.

>> THANK YOU. >> ANY REQUESTS BEFORE APPROVAL

OF THE 4.5 ACRES? >> ANY QUESTIONS OR COMMENTS?

>> I WILL JUST SAY, I CAN'T REALLY ASK OR ADD MUCH THAT MR. HEMARD DIDN'T ALREADY HAVE IN HIS PRESENTATION, I DO SUPPORT THIS ANNEXATION, I BELIEVE IT IS A NICE -- ISOLATED HERE, CONDITIONS ON THE ROAD WE HAVE DISCUSSED MANY TIMES, BUT I DO SUPPORT THIS. I BELIEVE WE SHOULD ANNEX THIS PROPERTY.

>> MS. CROUCH, WHAT IS THE CIRCUMSTANCE WITH THE ROAD? IT IS A DIRT ROAD OUT THERE, HOW WILL THAT DECISION BE MADE AND

-- >> THE COUNTY IS GOING TO SAY, FAIRLY SOON, THE MORE PROPERTY YOU ANNEX ALONG THIS ROAD, CITY OF AUBURN, YOU ON THIS ROAD, IT IS A DIRT ROAD, WHICH NEEDS TO BE SCRAPED ON A REGULAR BASIS TO KEEP IT MAINTAINED AND THE RESIDENTS THAT ARE ALREADY IN THE CITY LIMITS ON THIS ROAD REGULARLY ASK FOR US TO PAVE THE ROAD. YOU HAVE OTHER ROADS IN THE CITY, WHERE RESIDENTS ARE REQUESTING THE SAME, ONE CHALLENGE THAT WE HAVE IS WHEN YOU GO OUT ON THE FRINGE , THE CITY NEVER SAID AT ANY POINT IN TIME HE WOULD EVER PAVE YOUR ROAD. THAT IS UP TO YOU, BUT IN PRIORITIES, PEOPLE ARE CHOOSING TO BUY AND BUILD HOUSES OFF OF A DIRT ROAD, OFF OF A LONG FLAG DRIVEWAY THAT IS DIRT, THAT IS A PRIVATE DRIVEWAY. IT IS UP TO THE CITY COUNCIL, BUT I CAN SAY, MAINTENANCE IS MORE PROBLEMATIC ON DIRT ROADS THAN IT IS ONCE THEY ARE PAVED. YES, IT IS MORE EXPENSIVE TO PAVE THEM, BUT IS MORE LABOR-INTENSIVE TO MAINTAIN DIRT ROADS FROM A SCRAPING

STANDPOINT. >> AND THIS ROAD IS CURRENTLY

IN THE COUNTY? >> CORRECT, THE COUNTY

CURRENTLY -- >> THE COUNTY MAINTAINS IT RIGHT NOW? WHAT WILL BE THE TIPPING POINT?

>> THE TIPPING POINT IS HAVING MAJORITY CITY PROPERTY ON BOTH SIDES OF A ROAD FOR MAJORITY OF A SECTION.

>> A SECTION OF THE ROAD IS NOW OUR OURS BECAUSE THE CITY IS ON BOTH SIDES OF THAT ROAD. WE DON'T OWN THE ENTIRETY OF LEROY 10 OR BEEHIVE ROAD BECAUSE WE ARE NOT ON BOTH SIDES, BUT ONCE WE PERMEATE BOTH SIDES AND CERTAIN DISTANCES IN THE FURTHER SOUTH TO GET ON THIS ROAD, WE ARE GOING TO END UP WITH THE WHOLE ROAD.

>> WELL, THESE TWO PROPOSED ANNEXATIONS BEFORE US, WOULD ANNEXING BOTH OF THOSE PUT US OVER THE TIPPING POINT AS OF TODAY? OR AS OF WHEN THE ANNEXATION TAKES PLACE?

>> I WAS TRYING TO PULL THE MATH UP, TYPICALLY THE COUNTY ENGINEER AND I LOOK AT THOSE ANNUALLY. WE LOOK AT THE ANNEXATIONS, THEN WHERE WE HAVE ACQUIRED MORE PROPERTY ALONG THE COUNTY ROAD AND THEN, THE COUNTY ENGINEER AND I MEET AND DECIDE IF IT IS THE TIPPING POINT, IF YOU WILL.

>> HAS THIS ROAD BEEN DISCUSSED? I'M SORRY, DIDN'T

MEAN TO CUT YOU OFF. >> I WAS TRYING TO LOOK AT THE MAP BEFORE I RESPONDED. THIS MAP HAS NOT BEEN DISCUSSED, I

KEEP TELLING HIM, NO. >> I DO EXPECT THAT YOU ARE GOING TO START SEEING THIS BASED ON THE DISCUSSIONS THAT'S COUNTY AND CITY HAVE HAD , EVERY BORDER OF THE CITY, YOU KNOW, YOU ARE BEING PUSHED ON ANNEXATIONS AND DIRT ROADS ARE GOING TO BE MORE AND MORE. EVEN IF IT IS A PAVED ROAD, THERE IS SOMETIMES A DEAL WHERE THE COUNTY CONTRIBUTES TOWARDS ITS RESURFACING IF IT IS NOT IN GOOD CONDITION BEFORE WE TAKE

[00:20:02]

IT OVER. ONCE WE TAKE IT OVER, IT IS OURS OURS.

>> DO WE IMMEDIATELY TAKE IT OVER AND IMPROVE OR --

>> IT IS NOT IMMEDIATE, WE USUALLY DO IT ANNUALLY AND THE RESOLUTION USUALLY COMES FOR YOU FOR ACCEPTANCE. TO REMOVE IT FROM THEIR MAINTENANCE LIMITS.

>> STATE LAW IS PRETTY CLEAR ON HOW IT SHOULD HAPPEN, WE HAVE A COUNTY THAT IS AN EXCELLENT PARTNER WE WORK WITH TO DO THIS ON A ROUTINE BASIS ON A MANUAL BASIS, BUT THEY COULD PUSH FOR

IT MORE OFTEN THAN THEY DO. >> THE REALITY IS, WE HAVE A LOT OF ROADS IN AUBURN THAT WE ALREADY OWN THAT WE HAVE TO IMPROVE AND OUR CITIZENS EXPECT US TO WORK ON ON AN ANNUAL BASIS. IF THE CITY COUNCIL WERE TO APPROVE THIS TONIGHT, I THINK WE HAVE TO SAY TO THE CITIANS -- CITIZENS WHO LIVE THERE, NOT TO EXPECT US TO BE OUT THERE IN A FEW MONTHS, THAT IS JUST THE REALITY OF THE SITUATION.

>> I HAVE A QUESTION, PROBABLY, FOR THE PLANNING DEPARTMENT? THIS MADE ITS WAY TO US WITH A RECOMMENDATION OF APPROVAL FROM THE PLANNING DEPARTMENT, CORRECT?

>> IT DID. >> AND WITH THE IDEA THAT ADJUSTMENTS TO OUR OPTIMAL BOUNDARY IN THE NEAR FUTURE WOULD BRING THIS PROPERTY WITHIN OUR OPTIMAL BOUNDARY.

>> VERY QUICKLY, THOUGH, SOME OF THAT WAS BASED ON PREVIOUS ANNEXATION ACTIVITY BY THIS BODY. THAT IS WHAT BROUGHT US TO THIS DECISION. BELOW THE OPTIMAL BOUNDARY WHERE WE RECOMMENDED DENIAL, SO AS YOU GET BELOW THE OPTIMAL BOUNDARY AND THE COUNCIL CONTINUES TO ANNEX PROPERTIES BELOW THE OPTIMAL BOUNDARIES, THAT IS WHAT WILL CAUSE STAFF TO TAKE A HARDER LOOK AND SAY, IF THE COUNCIL IS DOING THIS, MAYBE WE NEED TO EXTEND THE OPTIMAL BOUNDARY. THAT WAS THE REASON

FOR THE RECOMMENDATION. >> CORRECT.

>> THANK YOU. >> THAT AREA IS GROWING OUT THERE BY LEAPS AND BOUNDS, THE CITY LIMITS, WE CAN STILL HAVE SOMETHING TO SAY. MADE A GOOD CASE FOR COMING IN THE CITY LIMITS, FOUR ACRE LOT IN THERE, LIKE HE IS TRYING TO PUT A QUARTERLY -- QUARTER ACRE LOT IN THERE OR SOMETHING. I AM IN

FAVOR OF ANNEXATION. >> ANYONE ELSE? 2 I AM JUST GOING TO MAKE A COMMENT. BECAUSE THIS IS TECHNICALLY OUTSIDE THE BOUNDARY, IT HAS BEEN MY -- I HAVE HELD TO THAT, IF IT IS OUTSIDE THE OPTIMAL BOUNDARY, THAT I WOULD VOTE NO ON ANNEXATIONS OUTSIDE OPTIMAL BOUNDARY AND I KNOW WE JUST HAD A WORK SESSION AND THAT IS UPCOMING, BUT ON A TECHNICALITY, THIS IS STILL OUTSIDE THE OPTIMAL BOUNDARY.

FOR THE NEXT FOUR ANNEXATIONS, I REQUEST YOU WILL HEALER -- HEAR ME VOTE NO, THAT IS NOT A REFLECTION ON ANY APPLICANT IN FRONT OF US, I WISH YOU WELL AND HOPE YOU DO GREAT THINGS, IF IT IS APPROVED, BUT THAT IS JUST MY THEORY ON THINGS OUTSIDE OF THE OPTIMAL BOUNDARY. WE DO NOT HAVE SIGNIFICANT SERVICES TO PLACES THAT WE HAVE ANNEXED CURRENTLY ON THE EDGES OF TOWN OUTSIDE OF THE OPTIMAL BOUNDARY AND I GET CALLS ON A DAILY BASIS FROM CONSTITUENTS WHO ARE SECOND PROPERTY OWNERS WHO HAVE BEEN ANNEXED, EVEN THOUGH THE ORIGINAL OWNER WHO ANNEXED SIGNED A PETITION , THAT DOESN'T CARRY ON TO THE NEXT PERSON. SO THESE ARE UNINTENDED CONSEQUENCES THAT HAPPEN AND CONTINUE ON WHEN WE MAKE THESE DECISIONS. FOR THAT, I WILL BE VOTING NO.

>> ANYONE ELSE? >> WHEN MIGHT WE VOTE ON AN

OPTIMAL BOUNDARY MOVEMENT? >> IT HAS TO GO TO THE PLANNING

COMMISSION FIRST . >> THE INTENTION IS TO BRING THAT TO THE PLANNING COMMISSION IN THE OCTOBER PLANNING COMMISSION MEETING. ONCE WE GET FEEDBACK FROM THE PLANNING COMMISSION, WE ARE ABLE TO PUBLISH THE CHANGES AND WE WILL BRING THAT TO YOU ALL IN THE FOLLOWING MEETING.

>> DUE TO ADVERTISING, IT COULD BE YOUR SECOND MEETING IN NOVEMBER, DEPENDS ON HOW THE DATES FALL. MIGHT BE SOONER,

BUT YEAH. >> OKAY, ANYONE ELSE?

>> COULD YOU WALK US THROUGH, IN THE EVENT THAT THIS IS THE NIGHT TONIGHT, WHAT OPTIONS DOES THE HOMEOWNER HAVE IN THE FUTURE, SHOULD THE OPTIMAL BOUNDARY BE ADJUSTED? WHAT

TIMELINE CAN THEY BE APPLIED? >> ANNEXATIONS ARE UNLIKE OTHER UP APPLICATIONS, ESSENTIALLY, A YEAR-LONG WHERE THEY HAVE TO COME BACK AND WAIT. ON THIS ONE, ONCE YOU GET DENIED, YOU CAN COME BACK AND APPLY AGAIN. THAT IS HOW OTHER ANNEXATIONS HAVE GOTTEN IN ON HILLANDALE, I GUESS, KIND OF, WITH THIS ONE,

[00:25:02]

THEY WOULD JUST BE ABLE TO APPLY AGAIN WITHOUT GETTING TOO PERSONAL ON WHAT THEIR DIFFERENT OPTIONS WOULD BE.

>> THE ROAD IS IN THE CITY LIMITS NOW, AM I RIGHT?

>> BELOW THE APPLE TOOL -- OPTIMAL BOUNDARY THAT YOU GUYS HAD QUITE A DISCUSSION ABOUT, CORRECT.

>> SOME WAS ABOVE THE OPTIMAL BOUNDARY AND SOME WAS BELOW, AS THE OVERALL PROPERTY, SHOULD I SAY.

>> SOME OF MR. HEMARD'S PROPERTY IS IN. IS TAKING PARCELS OUT, IF I MEANT THAT MAP CORRECTLY.

>> OKAY, ARE WE READY TO VOTE? OKAY, LINDSAY, ROLL CALL?

>> ITEMS >> YES.

>> DAWSON >> YES.

>> PARSONS >> NO.

>> TAYLOR >> YES.

>> WITHIN >> NO.

>> ANDERS >> YES.

[9.a.(2) Jaramillo Annexation. Approximately 14.84 Acres. Property located at 660 Lee Rd 25(Hillandale Dr). Postponed at the August 20, 2024, City Council meeting.]

>> MOTION CARRIES ITEM , ANNEX A PROBLEM PROXIMALLY 4.5 ACRES, ALSO KNOWN AS HILLANDALE DRIVE, THE PLANNING COMMISSION RECOMMENDED DENIAL OF THIS REQUEST BY A VOTE OF 6-2, THIS ITEM WAS POSTPONED FROM THE AUGUST 20TH COUNCIL MEETING.

UNANIMOUS CONSENT IS NECESSARY.

>> I WILL ASK FOR UNANIMOUS CONSENT.

>> DOES ANYONE IN THE COUNCIL HAVE A PROBLEM WITH MOVING FORWARD? SEEING AND HEARING ON, ANY DISCUSSION OR QUESTIONS?

>> IT FALLS ALONG THE SAME CONVERSATION WE JUST HAD ACCORDING TO OPTIMAL BOUNDARY. I THINK THAT IS A DISCUSSION THAT COULD TAKE PLACE WITH ALL OF THESE, I DON'T HAVE ANY FURTHER COMMENTS, I AM HAPPY FOR THE REST OF THE COUNCIL TO DISCUSS IF THEY WOULD LIKE TO.

>> ANY QUESTIONS? ANYONE ELSE? OKAY, LINDSAY, WITH THE ROLL

CALL? >> YES COME IN.

>> DAWSON. >> NO COMMENT.

>> TAYLOR? >> YES.

>> ADAMS? >> YES.

[9.a.(3) Simonton Annexation. Approximately 5.21 acres. Property located at 812 Lee Road 415 (Winterhawk Drive). Postponed at the August 20, 2024, City Council meeting.]

>> ANDERS? >> YES.

>> MOTION CARRIES, ANNEX APPROXIMATELY FIVE POINT T1 ACRES OF PROPERTY, LOCATED AT 812 LEE ROAD 415, WINTER HAWK DRIVE, NOT RECOMMENDED APPROVAL OF THIS REQUEST AT THE AUGUST 8TH MEETING, ITEM WAS POSTPONED FROM THE AUGUST 20TH CITY COUNCIL MEETING, UNANIMOUS CONSENT IS NECESSARY.

>> I WILL INTRODUCE THE ORDINANCE AND ASK FOR UNANIMOUS

CONSENT. >> I HAVE A MOTION AND A SECOND, ANYONE HAVING A PROBLEM WITH MOVING FORWARD WITH A VOTE ON THIS? ANY COMMENTS OR QUESTIONS?

>> AGAIN, I DO WANT TO POINT OUT, WINTER HAWK, THINK OPTIMAL BOUNDARY THAT THE PLANNING STAFF RECOMMENDED, CURRENTLY, IT CUTS THROUGH THE MIDDLE OF THIS NEIGHBORHOOD. IT WOULD EXPEND -- EXTEND TO LEE ROAD 27, BASICALLY INCLUDES THIS NEIGHBORHOOD OR MOST OF THE LOTS IN THIS NEIGHBORHOOD, IF I REMEMBER THE MAP CORRECTLY. WINTER HAWK IS PAVED, SO WE DON'T HAVE AN ISSUE AS FAR AS ROAD CONSTRUCTION OR TAKING ON ANYTHING THERE. CONSIDERING THOSE, I WOULD SUPPORT THIS ONE AND IT GOES ALONG, AGAIN, WITH THE NUMBER FOUR ON OUR AGENDA ITEMS. YOU KNOW, THESE ARE BOTH LOTS THAT ARE RIGHT THERE NEXT TO EACH OTHER, SO I WOULD SUPPORT THAT BASED ON WHAT THE NEW OPTIMAL BOUNDARY WOULD BE AND KNOWING THAT MAINTENANCE -- ROAD MAINTENANCE IS NOT AN ISSUE NECESSARILY IN THIS AREA.

>> OKAY, ANYONE ELSE? OKAY, LINDSAY?

>> DAWSON? >> YES, MA'AM.

>> PARSONS? >> NO.

>> TAYLOR . >> YES?

>> OWINGS? >> YES.

[9.a.(4) Sheppard Annexation. Approximately 3.7 acres. Property located at 261 Lee Road 415 (Winterhawk Drive). Postponed at the August 20, 2024, City Council meeting.]

>> ANDERS? >> YES.

>> ANNEX APPROXIMATELY 3.7 ACRES LOCATED AT 261 LEE ROAD 415, ALSO KNOWN AS WINTERHAWK DRIVE, BY A VOTE OF 2-6 IN THE AUGUST 8TH MEETING, APPROVAL OF THIS ANNEXATION IS CONTINGENT UPON THE PROPERTY YOU JUST ANNEXED, THIS ITEM WAS POSTPONED FROM THE AUGUST 20TH CITY COUNCIL MEETING, UNANIMOUS

CONSENT IS NECESSARY. >> I WILL INTRODUCE THE ORDINANCE AND ASK FOR UNANIMOUS CONSENT.

>> DOES ANYONE HAVE A PROBLEM WITH MOVING FORWARD WITH A VOTE ON THIS THIS EVENING? SEEING AND HEARING NONE, ANY COMMENTS

OR QUESTIONS? OKAY, LINDSAY? >> PARSONS?

[00:30:03]

>> NO. >> WITHIN?

>> NO. >> KOBLENZ?

[9.a.(5) Kimball Annexation. Approximately 6.03 acres. Property located at 3743 Lee Road 146 (Moores Mill Road). ]

>> YES. >> ANDERS?

>> YES. >> AMANDA AND ANDREW KIMBALL, ANNEX APPROXIMATELY 6.03 ACRES OF PROPERTY, LOCATED AT 3743 LEE ROAD 146, ALSO KNOWN AS MOORES MILL ROAD. RECOMMENDED APPROVAL AT ITS SEPTEMBER 10TH MEETING, UNANIMOUS CONSENT IS

NECESSARY. >> I WILL INTRODUCE THE ORDINANCE AND ASK FOR UNANIMOUS CONSENT.

>> DOES ANYONE AT THE COUNCIL HAVE A PROBLEM WITH MOVING FORWARD WITH THIS THIS EVENING? SEEING HEATING -- AND HEARING

NONE, ANY QUESTIONS? >> I DON'T BELIEVE THIS HAS ANY OPTIMAL BOUNDARIES. IT IS WITHIN THE ROAD, BETWEEN SOCIETY HILL AND OGLETREE. THIS IS WELL WITHIN THE OPTIMAL BOUNDARY, I JUST WANT TO CLARIFY.

>> IT DOES SAY IN OUR NOTES THAT THE COUNTY WILL CONTINUE TO MAINTAIN THIS PIECE OF THE ROAD?

>> OKAY, THANK YOU. >> ANY OTHER COMMENTS OR

QUESTIONS? OKAY, LINDSAY? >> MOREMAN ?

>> YES. >> ADAMS?

>> YES. >> DAWSON?

[9.a.(6) Mitchell Farms Annexation. Approximately 127.32 acres. Property located at Lee Road 146 (Moores Mill Road), approximately 0.5 miles east of Society Hill Road. ]

>> YES. >> ANDERS?

>> YES. >> ITEM CARRIES. IN THE OPTIMAL BOUNDARY LOCATED ON LEE ROAD 146, ALSO KNOWN AS MOORES MILL ROAD, APPROXIMATELY A HALF MILE EAST OF SOCIETY HILL ROAD.

ORIGINALLY RECOMMENDED APPROVAL, UNANIMOUS CONSENT IS

NECESSARY. >> I WILL ASK FOR UNANIMOUS

CONSENT. >> ANYONE HAVE A PROBLEM WITH MOVING FORWARD ON THIS THIS EVENING? SEEING AND HEARING NONE, ANY COMMENTS OR QUESTIONS?

>> I WOULD LIKE TO ASK A QUESTION.

>> GO AHEAD. >> FROM OTHER ANNEXATIONS, WE TALK ABOUT FOUR, MAYBE 14 ACRES OF PROPERTY, BUT THIS ONE IS TALKING ABOUT 127 ACRES. SO THIS IS A PROPERTY THAT IS

GOING TO BE DEVELOPED OR ? >> IS GOING TO BE DEVELOPED, THERE IS MORE ACREAGE TO THE NORTH OF IT THAT WILL LIKELY EVENTUALLY COME IN, BUT THIS IS THEIR FIRST PHASE. THEY HAVE BEEN MEETING WITH STAFF FOR SOME TIME ON THIS. AND WORKING THROUGH A TON OF DETAILS. YOU ALSO PASSED A DEVELOPMENT AGREEMENT RELATIVE TO THIS ANNEXATION THAT LIMITS THE NUMBER OF LOTS IN THE FIRST TWO YEARS. IT IS NO MORE THAN 10 HOUSES, IN ESSENCE, PER YEAR CAN THEY BUILD FOR THE FIRST SEVERAL YEARS AS WE WAIT FOR THE MOORES MILL AND SOCIETY HILL ROUNDABOUTS TO BE CONSTRUCTED BY THE COUNTY. AND THE DEVELOPERS WORKED WITH US ON EVERY ASPECT OF THAT AND HAS BEEN WILLING TO EXECUTE THE DEVELOPMENT AGREEMENT AND THEY HAVE BEEN GETTING DISCUSSIONS.

>> THIS IS NOT GOING TO BE COMMERCIAL DEVELOPMENT?

>> NO, MA'AM. THIS IS A THREE IS SHAKIR RESIDENTIAL LOT. THEY HAVE SEVERAL IDEAS FOR A PLAN, IT IS A LARGE LOTS DEVELOPMENT

IN THIS STAGE. >> THE RECOMMENDATION, IF I REMEMBER, WAS APPROXIMATELY 10 HOUSES A YEAR? IS THAT CORRECT?

>> THAT IS CORRECT. THAT ALLOWS FOR TRAFFIC, OBVIOUSLY, IF THAT ROUNDABOUT IS COMPLETE, DOES THAT TAKE AWAY THAT REQUIREMENT, I GUESS, A 10 HOUSES A YEAR? IS IT A TIME -- 2026 OR AROUND-THE-CLOCK COMPLETION? WHICHEVER COMES

FIRST? >> ACCORDING TO THE COUNTY ENGINEER, THE ANTICIPATION IS TO GET THIS UNDER CONSTRUCTION THIS YEAR SO THAT IT WILL BE COMPLETED BY '26, SO THAT IS WHY WE PUT THE TIMEFRAME IN THERE TO RUN THROUGH THE CALENDAR YEAR OF '26 OR WHEN THE ROUNDABOUT IS COMPLETED.

>> I JUST WANT TO REMIND YOU, THIS IS UNUSUAL, YOU WILL SEE MORE OF THIS WITH LARGE LOT SUBDIVISIONS WHERE IF A PLANNED DEVELOPMENT IS OVERLAID OR SOME OTHER TRIGGER IS COMING, WE ARE DOING THIS NOW AT ANNEXATION, YOU MAY SEE A SHIFT IN A DEVELOPMENT AGREEMENT OVER TIME IF THEY DO A LARGER PROJECT, WHERE WE MAY SHIFT THE DEVELOPMENT AGREEMENT INTO SOMETHING ELSE, BUT WE ARE JUST NOT THERE YET. AGAIN, I THINK THE COUNCIL WOULD LIKE TO KNOW, NOTHING HAS BEEN DROPPED ON THE STAFF WHATSOEVER. THEY HAVE BEEN HIGHLY COMMUNICATIVE AND IN NUMEROUS MEETINGS, WORKING THROUGH ALL OF THE DETAILS.

>> THANK YOU. >> SIMILAR QUESTION, IT WILL COME IN AS THAT WILL IN THAT IT HAS TO BE THREE ACRES OR MORE, HER HOME, THERE IS ALSO SOMETHING MENTIONED IN HERE ABOUT BEING IN THE WATERSHED OF LAKE OGLETREE,

[00:35:02]

WILL THAT BE ANOTHER RESTRICTION ON HOW MUCH LAND IS

REQUIRED PER HOME? >> YES. THAT ALSO INFLUENCES LOT SIZE, BUT SINCE IT IS RURAL THERE, THE ALLOTMENT IS THE

SAME. >> EVEN IF IT WERE REZONED, WITH THE LAKE OGLETREE WATERSHED REQUIREMENTS STILL BE

IN PLACE? >> YES, IT CANNOT BE REZONED DUE TO THE FUTURE LAND USE PLAN, SO THERE IS A MECHANISM TO GET SMALLER LOT SIZE, SO THAT IS ALREADY REPROVED -- APPROVED, ACRE AND A HALF OF LOTS. THAT IS STILL WITH THE LAKE OGLETREE WATERSHED. IT DOESN'T CHANGE THE DENSITY, THEY WOULD BE ABLE TO HAVE WITH THE ROAD DESIGNATION, IT IS ESSENTIALLY CLUSTER DEVELOPMENT. WHICH IS MORE SUSTAINABLE, I GUESS, NOT HAVING A GREATER AMOUNT OF IMPERVIOUS SURFACE, REDUCE THE AMOUNT OF IMPERVIOUS SURFACE.

THAT IS THE ONE MECHANISM THEY HAVE, IT IS AN OPTION TO THEM UNDER THE CONSERVATION SUBDIVISION.

>> THE NOTION IS, THEY COULDN'T GET ANY MORE HOUSES WITH CONSERVATION OVERLAY, YOU KNOW? AS THE PLANNING DIRECTOR IS TELLING YOU, CLUSTERS OF HOMES IN CERTAIN AREAS, ONLY REDUCING TO AN ACRE AND A HALF. YOU'RE NOT GOING TO GET 1/8 ACRE LOTS OUT OF THIS, SAME TOTAL NUMBER OF UNITS, WHERE YOU PLACE THEM ON THE PROPERTY. THEREBY DOING THE SAME THING TO

PROTECT THE WATERSHED. >> IT WOULD STILL BE APPROXIMATELY WHAT THEY COULD EXPECT TO BUILD? 31 RESIDENCES?

>> CORRECT. I GUESS, 41. >> ON PAGE FIVE OF SEVEN IT

SAYS 31. >> WHAT THEY HAVE SUBMITTED NOW, SEVERAL LARGE LOTS THAT ARE GREATER THAN THE THREE, JUST, KIND OF, THE QUICK MAP OF 177 DIVIDED BY THREE, IT IS 41,

ESSENTIALLY. >> OKAY, ANY OTHER QUESTIONS?

>> DO WE ANTICIPATE A TRAFFIC STUDY WITH THIS PROJECT?

>> THANK YOU. >> ANY OTHER QUESTIONS?

>> OKAY, LINDSAY? >> TAYLOR?

>> YES. >> COBLENTZ?

[9.b. Zoning ordinance. Table 5‐3 Zoning Text Amendment. Amending section 507.02 of the City of Auburn Zoning Ordinance. Urban Core District & Design Standards to expand ground floor commercial requirements for developments along South College Street and South Gay Street. Planning Commission recommendations. Unanimous consent necessary. Public hearing required.]

>> YES. >> ANDERS?

>> YES. >> MOTION CARRIES, TABLE 2.53 OF THE CITY OF AUBURN ZONING ORDINANCE, DESIGN STANDARDS TO EXPAND GROUND FLOOR ALONG SOUTH COLLEGE STREET AND SOUTH GAY STREET, PLANNING COMMISSION RECOMMENDED APPROVAL, UNANIMOUS CONSENT IS NECESSARY AND A PUBLIC HEARING IS REQUIRED.

>> I WANT TO ASK FOR UNANIMOUS CONSENT.

>> SECOND. >> DOES ANYONE HAVE A PROBLEM WITH MOVING FORWARD THIS NOTE THIS EVENING?

>> SEEING AND HEARING NONE, WE WILL OPEN IT TO THE PUBLIC

HEARING. >> IS THERE ANY QUESTIONS? THERE MIGHT BE SOME AFTERWARD. IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL ON THIS, PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS, YOU WILL HAVE FIVE MINUTES TO ADDRESS THE

CITY COUNCIL. >> YOU DON'T HAVE READERS ON.

>> TAKE IT AT THAT. >> MY NAME IS BRIAN WERTH, I LIVE AT 211 SOUTH GAY STREET AND I JUST WANTED TO THANK YOU GUYS FOR LETTING ME HAVE THE OPPORTUNITY TO SPEAK TO THE COUNCIL, MAYOR AND CITY STAFF. AS YOU ALL KNOW, WE ARE THE ONE RESIDENTIAL HOUSE THAT FALLS WITHIN THIS ORDINANCE CHANGE.

OUR HOUSE IS ON THE SOUTH SIDE OF BATCH , SO IT IS NOT -- IT DOES FALL UNDER THE NO RESIDENTIAL ON THE GROUND FLOOR AND ALSO, -- MY CONCERN AND THE CONCERN I BRING UP FOR MY WIFE AND I, THIS IS OUR RESIDENCE. IF WE WERE TO EVER HAVE TO DO A PRESENTATION -- RESERVATION TO THIS HOUSE, IF WE WERE TO EVER HAVE TO CHANGE OUT WINDOWS, DOORS, FENCE REQUIREMENTS THAT HAVE TO BE MET BECAUSE OF THIS ORDINANCE CHANGE. IF WE WERE TO EVER, YOU KNOW, DEVELOP THE BACKYARD AND MAKE IT AN

[00:40:05]

ADDITIONAL HOUSE INSTEAD OF PARKING, BECAUSE WE FEEL LIKE WE NO LONGER HAVE TO HAVE ONE SPACE PER ROOM AT THE HOTEL BASED ON PRECEDENTS SET FROM THIS COUNSEL WITH OTHER DEVELOPMENTS. THE WAY THIS IS WRITTEN AND THE GRAYNESS IN THIS ORDINANCE CHANGE, WE FEEL LIKE, IS NOT STRONG ENOUGH THAT WE FEEL LIKE YOU GUYS SHOULD APPROVE THIS AND VOTE YES AS IT IS WRITTEN TODAY. FOR THE AREA SOUTH OF BATCH FROM THATCH TO GAY STREET. ON THE EAST SIDE OF THE STREET . IN MY CONVERSATIONS I HAVE HAD WITH THE CITY STAFF , I KNOW THERE IS A REQUIREMENT IN THERE THAT THE CITY MANAGER HAS THE ABILITY TO PERFORM A WAIVER WITHOUT IT COMING TO COUNSEL OR PLANNING COMMISSION. HOWEVER, YOU KNOW, CITY COUNCIL CHANGES, MAYORS CHANGE, YOU KNOW, THAT DOESN'T ALLOW US THE REASSURANCE THAT WE HAVE THAT THAT WOULD STAY IN PLACE OR IN TACT FOR THIS ORDINANCE CHANGE AS IT IS. AND JUST TO BE CLEAR, I AM NOT SAYING SOME ORDINANCE DOESN'T HAVE TO BE DEVELOPED FOR THIS AREA, WE JUST FEEL LIKE IT IS A GRAY AREA AND IT DOESN'T PROTECT OUR HOME FOR WHAT WE HAVE INVESTED MILLIONS OF DOLLARS IN THIS AREA ALONG GAY STREET WITH THE CITY. YOU KNOW, I AM ASKING THE STAFF OR THE COUNSEL THAT YOU DID NOT APPROVE THIS ORDINANCE AS IT IS WRITTEN TODAY. HOW THIS IS WRITTEN FOR AN AMENDMENT. I AGREE THAT WE DON'T WANT WHAT HAS HAPPENED AT THE SANFORD AND COLLEGE CORNER ALONG THE ENTIRE STREET OF GAY STREET, BUT AGAIN, THIS ORDINANCE SAYS THAT IT ONLY HAS TO HAVE A FIVE FOOT SETBACK AND RETAIL SPACE ON THE GROUND FLOOR. THAT CAN HAVE THE SIMILAR DEVELOPMENT, SOMETHING SIMILAR TO THE STANDARD OR LEFT AND RIGHT OR ANY OF THESE OTHER STUDENT HOUSES BUT WOULD BE DEVELOPMENTS ALL UP AND DOWN GAY STREET, WHICH DOES NOT, IN MY MIND, AND THIS IS MY OPINION, BUT I FEEL LIKE IT IS THE OPINION OF OTHERS TOO, WE DON'T WANT APARTMENT COMPLEXES LINED UP DOWN GAY STREET AS AN IMPROVEMENT TO DOWNTOWN. I FEEL LIKE THIS IS THE CITY COUNCILS, THIS IS THE STAFFS, AND THIS IS THE MAYORS OPPORTUNITY THAT IF DOWNTOWN REALLY WANTS DOWNTOWN GAY, COME UP WITH A MIXED SOLUTION AND NOT A PROBLEM TO KEEP FROM HAPPENING WITH A KNEE-JERK REACTION. THEY WILL DO IT ON THE WEST SIDE. NOT APPROVED AS WRITTEN OR AT LEAST THE GAY PARTY GETS TAKEN OUT, NOT ONLY MY HOME BUT OUR SMALL BUSINESS OF THE HOTEL, EVEN WITH IT BEING COMMERCIAL, THERE IS NEW COMPETITORS COMING ON, LINE 1 IS ALREADY OPENED, WE ARE GOING TO HAVE TO MAKE ADJUSTMENTS AT SOME POINT IN TIME TO SURVIVE. THAT MAY BE CONDEMNING SOME PARTS OF THE BUILDING. I HAVE TALKED TO A NUMBER OF YOU, I HAVE TALKED TO A NUMBER OF STAKEHOLDERS WITHIN THE DOWNTOWN AREA AND I AM ASKING THAT THIS NOT BE APPROVED AS IT IS WRITTEN TODAY WITHOUT FURTHER EXPLORATORY OF THE STAKEHOLDERS WHO HAVE PROPERTY ON GAY STREET AND WHO ARE ALSO THE DOWNTOWN BUSINESS OWNERS. THANK YOU FOR YOUR TIME

AND I APPRECIATE IT. >> THANK YOU!

>> WHO WILL BE NEXT? OKAY, WE WILL CLOSE THE PUBLIC HEARING.

COUNSEL, COMMENTS OR QUESTIONS?

>> COULD IT BE SAID SIMPLY THAT THE REASON WE ARE DOING THIS IS TO PROVIDE MORE COMMERCIAL ENTERPRISES AND MORE COMMERCIAL OUTLETS, I GUESS, I HATE TO SAY, TAX REVENUE OR WHATEVER REASON ? OUR THRUST IS TO REDUCE THE NUMBER OF

RESIDENTIAL UNITS. >> YOU ARE REALLY TALKING ABOUT A REQUIREMENT IN 2021, BEFORE THIS WAS CHANGED TO THIS THAT 100% REQUIRED GROUND-FLOOR COMMERCIAL. THEN, 100% DID NOT REQUIRE GROUND-FLOOR COMMERCIAL, ONLY SOUTH OF BATCH. TO NOW ASKING TO GO BACK TO REQUIRING -- YOU CAN ONLY DO

[00:45:09]

30% RESIDENTIAL, WHICH IS MUCH MORE THAN IT WAS IN 2021 BEFORE IT'S CHANGE. BUT THERE'S ALSO THINGS, IT IS NOT JUST COMMERCIAL THAT YOU AND I CAN GO TO, THERE ARE OTHER USES THAT THE PLANNING DIRECTOR CAN GO OVER THAT THEY CALCULATE.

ONE OF THE CHALLENGES IS, SPEND SOME TIME ON GAY STREET AND COLLEGE STREET AND SPEND TIME ON GAY STREET IN THIS VICINITY AND SEE HOW BUSY IT IS WITH THE SECULAR TRAFFIC AND VOLUMES OF PEOPLE. AND THE GOAL HERE IS TO HAVE SOME BALANCE, SO EVERYBODY ELSE IN THE ORBITING -- URBAN CORE DOESN'T GET THIS PRIVILEGE. SOME OF THEM HAVE TO COMPLY WITH 100% RULE IN THE COLLEGE EDGE OVERLAY, SO THIS IS BALANCING BACK OUT TO GET SOME OF THIS WHERE YOU DON'T ONLY WALK BY RESIDENCES AND WE HAVE MADE SOME DESIGN CHANGES. I DID WANT TO CORRECT THAT CHANGES IN A HOUSE DON'T MEAN THAT YOU HAVE TO COMPLY WITH FENESTRATION REQUIREMENTS. IF THE STRUCTURE IS NOT A BRAND-NEW , TEAR DOWN AND REDO, THERE IS A LOT OF FLEXIBILITY THERE. FENESTRATION IS GLASS AND HAVING TO DEAL WITH A NUMBER OF THINGS LIKE THAT. ONE OF THE CHALLENGES IS, MR. WORTH IS ABSOLUTELY CORRECT, THAT IS ONE HOME THERE. THE PLANNING DIRECTOR IN THE CURRENT SCENARIO AND THE PROPOSED SCENARIO HAS THE ABILITY TO WAIVE THAT REQUIREMENT. I THINK THE CHALLENGES YOU ARE TALKING ABOUT, A HOUSE THAT WOULD , WHAT I BELIEVE MR. WORTH WAS RETURNING -- REFERRING TO, A STRUCTURE FRY, COULD THEY PUT THAT HOUSE BACK? I ORDINANCE, THAT WOULD GIVE THE PLANNING DIRECTOR, MORE THAN 50% DESTROYED, HE WOULD HAVE THE ABILITY TO MAKE THAT CALL AS TO WHETHER OR NOT THEY COULD PUT THAT BACK. IF YOU'RE NOT TEARING THE STRUCTURE DOWN, YOU ARE TALKING ABOUT YOUR DIFFERENT THINGS AND I WILL HAVE MR. COTTON SPEAK ABOUT THAT MORE AND WHERE HE IS COMING FROM.

>> THAT IS CORRECT. A LOT OF HIS CONCERNS CAN BE RELAYED BY THE NONCONFORMANCE CLAUSE, YOU WOULD HAVE TO DO, BASICALLY, SIGNIFICANT WORK THAT WOULD EQUAL GREATER THAN 50% OF THE MARKET VALUE OF THE HOME OR THERE WOULD HAVE TO BE SIGNIFICANT DAMAGE DONE, EVEN STILL, THERE IS THE OPTION FOR A WAIVER REQUEST THAT WOULD SERVE AS, I GUESS, ESSENTIALLY, A WAIVER FOR ANY OF THE REQUIREMENTS THAT WOULD MEET SOME OF THE LARGER SCALE DEVELOPMENTS. SO, I GUESS, I ASKED, KIND OF, ON THE OTHER SIDE OF THE NONCONFORMITY.

CURRENTLY IN UC DISTRICTS, SINGLE-FAMILY HOUSING IS NOT ALLOWED. THIS DOES MEET THE NONCONFORMITY CLAUSE, SO IT IS CONCERNS THAT HE HAS LAID UP HERE AND ALSO, WE DISCUSSED, THEY ARE COVERED BY THE NONCONFORMITY'S CLAUSE, IT WOULD HAVE TO BE SIGNIFICANT RENOVATION OR DAMAGE DONE TO THE HOUSE FOR THE HOUSE NOT TO BE CONSTRUCTED AS IS AND THEY WOULD HAVE TO COME INTO COMPLIANCE.

>> SO IF THERE WAS -- A TREE FELL ON THIS HOUSE OR THERE WAS A MAJOR FIRE, MORE THAN 50%, THEY WOULD COME TO THIS PLANNING DIRECTOR AND ASK FOR A WAIVER?

>> NO, I GUESS IT WOULD FALL UNDER THE NONCONFORMITY'S CLAUSE, SO NONCONFORMITY'S ARE JUST GOT KIND OF, THE EXISTING ORDINANCE AND IT IS AN EXISTING NONCONFORMITY AS A SINGLE-FAMILY DETACHED HOME IN THE URBAN CORE DISTRICT. IT IS 50% OF THE MARKET VALUE AS FAR AS DAMAGE IS CONCERNED, SO BEING IN THE URBAN CORE WITH THAT LOT SIZE, IT IS A SIGNIFICANT AMOUNT OF DAMAGE OR UPGRADE THAT WOULD HAVE TO BE DONE TO THE PROPERTY FOR IT TO NOT QUALITY -- QUALIFY AS A NONCONFORMITY TO MAINTAIN ITS STATUS AS A NONCONFORMITY.

HIGHLY UNLIKELY, I GUESS, OTHERWISE, INTENTIONAL THAT IT WOULD NOT BE ABLE TO MAINTAIN THAT STATUS AS A NONCONFORMITY AND MAINTAIN THAT STATUS AS A SINGLE-FAMILY DETACHED HOME

DOWNTOWN. >> THIS TOTAL VALUATION OF THE LOT ITSELF AND THEN, PLUS THE IMPROVEMENTS IS VERY HIGH. THEY HAVE INVESTED MUCH IN THIS AREA, AT THE TIME, BOTH THE HOTEL AND THIS WERE RENOVATED, THE RULES WERE DIFFERENT, IT WAS ALSO TREATED BECAUSE IT HAD BEEN AN ACTIVE HOME AND THEY DID A WONDERFUL RENOVATION. THAT IS WHY IT WAS REOCCUPIED, IT WAS A VERY NICE RENOVATION. SO IT WORKED IN ALL OF THOSE METRICS BEFORE, THIS IS ACTUALLY LESS STRINGENT THAN IT WAS BEFORE IT WAS CHANGED IN 2021.

>> YES, THEY DID A TREMENDOUS JOB, THAT HOUSE WAS REALLY WORN OUT, TIRED AND NOT WELL TAKEN CARE OF. THEY HAVE DONE A

BEAUTIFUL JOB WITH IT. >> ANY OTHER COMMENTS?

>> I'M SORRY, I'M HAVING A LITTLE DIFFICULTY WITH THIS, I WONDER IF YOU COULD JUST GIVE US A QUICK OVERVIEW OF HOW YOU GOT TO FEEL THAT THIS AMENDMENT WAS NECESSARY? WHAT WERE THE

FACTORS THAT GOT US HERE? >> IS, CERTAINLY. I GUESS, CAN

WE GO TO -- >> WE HAVE SOME MAPS FOR YOU.

>> YOU, SO THIS IS -- OH, MAN. ALL RIGHT, WAS ON THE SCREEN, I

[00:50:06]

GUESS, CURRENTLY. THAT IS WHAT IS PROPOSED, KIND OF, AS IS, WHERE THE CURRENT RESTRICTIONS EXIST AND THEN, WHERE THERE ARE NO RESTRICTIONS. AS YOU SEE, KIND OF, IF YOU WANTED -- ANYONE WHO WOULD WALK DOWNTOWN NOW, THE FEEL OF COLLEGE STREET HAS COMPLETELY CHANGED, IT HAS BEEN A PRIMARY EXTENSION OF DOWNTOWN, ESSENTIALLY. SO RIGHT NOW, THERE ARE NO RESTRICTIONS ON IT, SIGNIFICANT PROPERTY DOWN THERE THAT COULD REDEVELOP THAT WOULD BE ABLE TO REDEVELOP WITHOUT ANY RESTRICTIONS, SO WE JUST COULDN'T GET RESIDENTIAL WALK UPS FOR THIS ENTIRE -- THAT IS A VERY LONG URBAN BLOCK. SO THAT WAS JUST ONE OF THOSE THINGS FROM MY THOUGHT PROCESS , THAT WOULD BE A VERY LARGE STRIP WITHOUT ANY COMMERCIAL AMENITIES TO A LOT OF THE RESIDENCE THAT COULD BE COMING IN IN THESE AREAS. SO THERE WAS THE MENTION OF TAX REVENUE, BUT A BIG PART OF IT IS PROVIDING COMMERCIAL AMENITIES AND RETAIL AMENITIES IN THESE AREAS THAT COULD EVENTUALLY BE REDEVELOPED AND HAVE A SIGNIFICANT NUMBER OF RESIDENTS.

>> DOES THAT HELP YOU, BOB? >> YES.

>> I WONDER IF YOU COULD ALSO SPEAK TO MR. WORTH'S CONCERNS ABOUT , YES, HE MAY GET ASSURANCES FROM THIS CURRENT ITERATION OF CITY COUNCIL AND STAFF, BUT WHAT ARE THE IMPLICATIONS FOR HIM 10 YEARS FROM NOW, WHEN THERE IS A DIFFERENT GROUP OF PEOPLE HERE?

>> YES, CERTAINLY. TWOFOLD, THERE IS THE WAIVER THAT IS THERE, THERE IS THE EXISTING NONCONFORMITY CLAUSE ALSO IN THIS SUBDIVISION, THAT IS ALSO IN THE ZONING ORDINANCE. THE NONCONFORMITY CLAUSE, LIKE I OUTLINED, IT IS 50% OF THE MARKET VALUE OF THE LOT, WHETHER THAT BE THROUGH RENOVATION THAT THEY CHOSE TO DO OR DAMAGE THAT WAS DONE TO THEIR HOUSE, IT WOULD HAVE TO BE A SIGNIFICANT AMOUNT FOR

THEM TO NOT QUALIFY. >> SO REGARDLESS OF WHO IS AT THE HOME AT ANY GIVEN TIME, THIS THING KICKS IN?

>> IT IS IN THE ORDINANCE TODAY, TO THE PLANNING DIRECTOR'S WAIVER, YOU CAN ALWAYS APPEAL THE INTERPRETATION OF THE PLANNING DIRECTOR TO THE BOARD OF ZONING ADJUSTMENTS. SO IT IS POSSIBLE THAT IF THE PLANNING DIRECTOR WERE TO TURN DOWN, SAY, ANY PROPERTY OWNER ASKS FOR A WAIVER AND TURN IT DOWN, THEY COULD LIKELY APPEAL HIS INTERPRETATION OF TURNING IT DOWN TO THE BOARD OF ZONING ADJUSTMENT. WE HAVEN'T GONE THAT FAR, BUT I LIKELY BELIEVE THAT COULD HAPPEN BECAUSE IT PRETTY MUCH SAYS SO, IS THAT

CORRECT? >> THAT'S CORRECT, THERE IS A PROCESS WHERE PEOPLE SUBMIT INTERPRETATIONS TO THE PLANNING DIRECTOR AND IF YOU DISAGREE WITH THE PLANNING DIRECTOR'S INTERPRETATION, IT CAN GO TO THE BZA. SHOULD THERE BE AN INTERPRETATION THAT IS NOT FAVORABLE OF GRANTING THE WAIVER FOR MR. WORTH, HE WOULD HAVE THE OPTIONS AND THE RECOURSE OF FILING AN APPEAL TO THE BZA OF THE PLANNING

DIRECTOR INTERPRETATION. >> THE GOAL OF PUTTING THE PLANNING DIRECTOR IN THERE IS WE WORK WITH PEOPLE ALL DAY EVERY DAY, WHEN THERE CAN BE REASONABLE INTERPRETATIONS MADE, IT AVOIDS THAT FOR THE APPLICANT OF HAVING TO GO ALL THE WAY THROUGH THAT ADJUDICATION PROCESS. BUT AT THE END OF THE DAY, YOU KNOW, THE GOAL IS , I AGREE THAT ALL OF US CAN CHANGE OUT , A PLANNING DIRECTOR IS TYPICALLY LOOKING AT A PURE PLANNING EXERCISE. WE DEALT WITH THIS ON SOME HOUSES THAT ARE IN THE URBAN CORE THAT BRANCH OFF OF SOME OF THE SMALLER STREETS IN THIS VICINITY, THERE ARE SOME HOUSES OR DUPLEXES LEFT AND PEOPLE HAVE BUILT BIGGER HOUSES BECAUSE THEY COULDN'T PUT A DUPLEX BACK BECAUSE THERE WAS NO WAY TO REBUILD ONE. SOME OF THAT SPEAKS TO THE ZONING ORDINANCE AND HOW IT HAS BEEN FOR A VERY LONG TIME.

>> BZA IS THE LAST LEVEL OF APPEAL?

>> YOU CAN GO TO THE CIRCUIT COURT AFTER THAT AND PEOPLE

HAVE. >> OKAY.

>> LOOKING AT THIS MAP HEAR THAT YOU HAVE PROVIDED, THIS IS THE CURRENT MAP? THIS IS THE CURRENT REQUIREMENTS?

>> THAT IS CORRECT. >> OTHER THAN THE OBVIOUS OF EXTENDING IT DOWN GAY STREET AND WRAPPING AROUND COLLEGE, BUT ALSO ON COLLEGE, HOW DOES IT DIFFER? WHAT WE ARE PROPOSED TO VOTE ON TONIGHT, HOW DOES THAT DIFFER FROM THIS MAP?

>> THERE WE GO. >> OTHER THAN THE EXTENSION, HOW DOES IT DIFFER IN REQUIREMENT FOR THOSE PLACES ON

THE DOTTED LINE? >> YES COST OF THE DOTTED LINE, LIKE I SAID, WE WANT TO IMPROVE AND INCLUDE THE 30%, THE ONLY ADDITION IS THE ADDITION OF GAY STREET AND COLLEGE STREET SOUTH OF THACH. IT IS ONLY UP TO 30% OF THE STREET FRONT.

>> EVERYBODY NORTH OF THACH HAS TO COMPLY WITH THIS TODAY? 'OR MORE STRINGENT OR MORE CONFIDENT ON THE RESOLUTION.

>> 30% GROUND IS ALLOWED FOR RESIDENTIAL USAGE PER THE

[00:55:05]

DOTTED LINE, HOW DOES THAT DIFFER IN IMPACT FROM THE WORDING THAT WE ARE VOTING CON -- ON TONIGHT WITH SAME PLACES THAT ARE -- SOME OF THEM ARE SOUTH OF MAGNOLIA ?

>> WE ARE NOT CHANGING ANYTHING SOUTH OF THAT IS ALL THAT IS

CHANGING. >> RIGHT, I AM NOT TALKING ABOUT THE EXTENSION OF THESE LINES, I AM TALKING ABOUT THE IMPACT OF THE REQUIREMENT ON THOSE WHO ARE ALREADY UNDER THE REQUIREMENT? IS THE REQUIREMENT ITSELF DIFFERENT?

>> NO, NO. EVERYBODY WHO -- >> IT IS JUST EXTENDING THE

TERRITORY? >> CORRECT EVERYBODY WHO ALREADY HAS TO COMPLY, THIS IS NOT CHANGING FOR THEM.

EVERYBODY NORTH OF THACH, ANY REQUIREMENTS YOU HAD BEFORE TONIGHT, SHOULD THIS BE APPROVED? IS WOULD ONLY CHANGE THINGS FOR PEOPLE ON SOUTH GAY STREET, SOUTH OF THACH.

>> CAN YOU PUT THE DOTS AWAY THAT YOU JUST PUT ON THERE SO WE CAN TAKE A LOOK AT THE OLD MAP.

>> THERE WE GO. IT GOES DOWN TO THACH AND DOES NOT CROSS OVER

THACH? >> THAT IS THE REST OF THE ENTIRETY OF THE URBAN CORE ZONING DISTRICT.

>> THAT IS AS OF 2021. HIRED A 2021, --

>> EVERYBODY EXCEPT FOR COLLEGE EDGE, I THINK COLLEGE EDGE WAS

THE SAME TOO. >> PRIOR TO THE MOST RECENT AMENDMENT, EVERYBODY HAD TO COMPLY TO COMMERCIAL AND RETAIL

ON THE GROUND FLOOR, PERIOD. >> THE GROUND HERE WAS MORE RESTRICTIVE HERE PRIOR TO 2021, THEN IT IS TODAY? IT WAS MORE RESTRICTIVE THAN IT WOULD BE IF WE APPROVED THIS AMENDMENT?

>> YES, THE BIGGEST DISTINCTION IS THE SIDE STREETS DOWN THERE, MILLER, CASEY, ARMSTRONG, THOSE DO NOT HAVE COMMERCIAL REQUIREMENTS NOW AND THEY WILL NOT HAVE COMMERCIAL REQUIREMENTS AFTER THIS. BEFORE, ON THE ORIGINAL ONE, THEY HAD COMMERCIAL REQUIREMENTS SHOULD THERE BE

REDEVELOPMENT. >> SAID THIS ITERATION, THIS PROPOSAL, DOES IT LIMIT WHAT MR. WORTH CAN DO ? ANY CHOICE THAT HE MAKES, BE IT A COMPLETE TEAR DOWN OF HIS HOME AND AN EXTENSION OF THE HOTEL OR WHATEVER HE MIGHT DREAM UP, ARE THERE RESTRICTIONS ON WHAT HE CAN DO?

>> NO. AS AN ANSWER TO THAT, I THINK, NORMALLY, RETAIL IS A SUBSECTOR OF COMMERCIAL. IN THIS INSTANCE, RETAIL AND COMMERCIAL ARE SYNONYMOUS. THE HOTEL 100% COMPLIES AND IS COMMERCIAL. IF HE EVER DID A RENOVATION TO HIS HOTEL, IT'S NOT LIKE HE WOULD HAVE TO HAVE A STRIP MALL, THE HOTEL IS COMMERCIAL AND DOES COMPLY WITH THE ORDINANCE AS IS.

>> IT MEETS THE DEFINITION? >> CORRECT.

>> EVEN DOWN TO THE BACK OF THE PROPERTY, IF SOMETHING DIFFERENT WERE TO BE BUILT ON THE BACK OF THE PROPERTY, IT WOULD JUST DEPEND ON WHAT IT IS? IT IS VERY HARD TO SPEAK, SO HE IS TALKING ABOUT REMOVING PARKING, THAT IS A PRETTY NARROW SPACE BACK THERE, BUT AGAIN, BACK TO WHAT THE URBAN CORE REGULATIONS GIVE AND DO NOT GIVE. IN TERMS OF USE OF THIS AS A HOUSE, BARRING A MAJOR, MAJOR DISASTER, IT IS FINE TO REMAIN AS IS. OTHER USES WANT TO COME ALONG AND OCCUPY WITH IT, IF HE WANTS TO FLIP THIS TO ONE FLOOR RESIDENTIAL AND, YOU KNOW, HIS MAIN FLOOR IS COMMERCIAL AND HIS BOTTOM FLOOR IS RESIDENTIAL OR WHATEVER, THAT IS SOMETHING THAT CAN BE LOOKED AT, BUT I DON'T SEE IT AS MAJORLY

PROBLEMATIC. >> NO.

>> THAT WOULD BE AN EXAMPLE OF SUBJECT TO WAIVER FROM YOU.

>> WERE LOOKING AT PERCENTAGES.

>> THAT WOULD BE COVERED BY THE NONCONFORMITY KLAUS.

>> HIS PROPERTY IS CURRENTLY TWO WATTS?

>> YES. >> YES COST OF THAT IS THE RESIDENTIAL PROPERTY AND THEN THE HOTEL ITSELF.

>> OF HIS PROPERTY WAS -- >> IT WOULDN'T CHANGE

ANYTHING. >> I'M PRESUMING HE'S HAD THESE DISCUSSIONS WITH YOU OR STAFF MEMBERS?

>> WE DID MEET WITH MR. WORTH PRIOR TO TODAY, YES.

>> I THINK HIS CONCERN WAS NOT FOR HIMSELF, BUT WHAT IS BEST FOR AUBURN. ARE WE DOING WHAT WE INTENTIONALLY WANT TO DO HERE FOR 50 YEARS NOW? IS THIS WHERE WE WANT TO HEAD AND I DON'T THINK I HAVE HAD THAT DISCUSSION. I DON'T KNOW WHAT KIND OF LARGE PRESIDENT WE ARE SETTING HERE. I GUESS OUR PRESIDENT IS TO EXTEND COMMERCIAL DOWN GAY STREET.

[01:00:01]

>> YOU ARE MAKING THIS PART OF THE URBAN CORE THE SAME REQUIREMENT AS THE REST OF THE ORB IN COURT. INSTEAD OF HAVING A DIFFERENT REQUIREMENT, SAME REQUIREMENT, EQUAL TO EVERYTHING BUT WHAT WE CONSIDER COLLEGE EDGE, WHICH IS COLLEGE AND MAGNOLIA PROPER, FULL RESTRICTION WITH NO RESIDENTIAL ON THE GROUND FLOOR. AS WE GROW AND DENSIFY THIS AREA, THE CONFERENCE OF PLAN SAYS IN A ONE MILE RADIUS OF CAMPUS, WE WANT TO BE DENSE AND WALKABLE. WE NEED TO MAKE SURE WE ARE PROVIDING SERVICES FOR PEOPLE. BEFORE THE UNIVERSITY HAD ISSUES WITH CAMBRIDGE, IT WAS THEIR MOST POPULAR DOOR LOCATION. WHY? HEYDAY MARKET HAS A BIG PART TO DO WITH IT, SO DOES PUBLIX. SO DO THE SERVICES DOWNTOWN AND ADJACENT AND THE STUDENTS DOWN THERE COULD WALK TO IT. THOSE ARE SOME OF THE GAME CHANGERS THAT HAVE HAPPENED SINCE WE CHANGE THIS, WE ARE ALSO SEEING THAT WE HAVE HAD CHANGES IN FAMILY RELATIONSHIPS AND INHERITANCES MAY CHANGE AND PROPERTY MAY TURN AND WHAT WE WANT TO BE SURE WE ARE DOING IS SETTING PROPERTY UP FOR SUCCESS AND THE GOAL IS TO PULL, NOT FULL COMMERCIAL, NOT LIKE THE STANDARD, BUT TO FULL PULL SOME COMMERCIAL DOWN GAY STREET TO ALLOW SERVICES TO THE PROPERTIES THAT CAN DEVELOP VERY DENSELY. AGAIN, IT IS 30% RESIDENTIAL WOULD BE ALLOWED. YOU CAN GET A WAIVER FOR 100% OF IT FROM THE PLANNING DIRECTOR IF YOU DON'T AGREE WITH HIM, THE BOARD OF ZONING ADJUSTMENT.

>> THERE HAS BEEN A FAST FOOD RESTAURANT, IF WE LOOK AT WHAT AUBURN IS GOING TO BE IN 25, 26, 27, 28. THE CONSIDERATION OF HAVING SOME TYPE OF COMMERCIAL THEY ARE AND IT BEING AVAILABLE TO STUDENTS WHO ARE GOING TO BE LIVING IN THE AREA, IT DOES MAKE PLANNING SENSE IN MY OPINION. BUT THIS IS A LOT TO CONSIDER, I AM LOOKING AT SOME OF THE ALL SPACES AND SOME OF THEM ARE A LITTLE WIDE-EYED, I DON'T KNOW WHERE THE COUNCIL IS RIGHT NOW AND WHAT YOUR PROPOSAL WOULD LIKE TO BE, DO WE WANT TO VOTE ON THIS TONIGHT? OR DO WE WANT TO POINT PONE -- POSTPONE AND HAVE A WORK SESSION AND SPEND MORE TIME TALKING ABOUT US? I AM JUST MAKING A CALL BASED ON MY OFF STARVATION OF BEING WITH YOU GUYS THE LAST COUPLE OF YEARS. KNOWING WHERE I THINK YOU ARE COMPETENT, AND MAYBE

NOT. JUST SPEAK UP, PLEASE. >> I WOULD SAY THAT IT IS INTERESTING TO ME THAT I HAVEN'T HAD THAT MANY EXCHANGES WITH PEOPLE ABOUT THIS AND I THINK MR. WERTH MAKES A VALID POINT IN TERMS OF NOT BEING TOO HASTY. AND ALLOWING SOME OF THESE PROPERTY OWNERS, CERTAINLY ON THE WESTERN SIDE OF SOUTH GAY STREET BETWEEN MILLER AND THATCH TO WEIGH IN OR AT LEAST , I PRESUME THEY ARE AWARE OF WHAT'S HAPPENING, BUT I HAVE NOT RECEIVED ANY CORRESPONDENCE FROM ANYBODY AND I DON'T KNOW WHETHER THERE IS AN APPETITE HERE TO POSTPONE FOR A MEETING OR TWO, I DON'T KNOW?

>> I HAVE HAD A COUPLE OF CONVERSATIONS WITH PROPERTY OWNERS WHO SAW THIS ON THE PLANNING COMMISSION DOCKET WHEN IT WAS A MONTH AGO AND HAVE HAD MULTIPLE CONVERSATIONS WITH THEM AND I BELIEVE THAT THOSE INDIVIDUALS WHO ARE PROPERTY OWNERS HAVE HAD CONVERSATIONS WITH THE PLANNING DIRECTOR, IT'S MY UNDERSTANDING. AND THAT THEY ARE SATISFIED WITH THE CHANGES THAT WERE PROPOSED. THERE ARE NOT -- I MEAN, THERE ARE NOT THAT MANY PROPERTY OWNERS TO CONFER WITH THAT I BELIEVE , MAJORITY OF THEM, HAVE ALREADY SPOKEN TO YOU, IS

THAT CORRECT? >> YEAH.

>> I FEEL CONFIDENT IN THE PLANNING STAFF'S RECOMMENDATION AND THE PLANNING COMMISSION'S RECOMMENDATIONS. WITH REGARD TO THIS, ESPECIALLY SINCE IT WAS , PRIOR TO 2021, VERY DIFFERENT AND I THINK THIS IS A MORE BALANCED APPROACH AND IS IN KEEPING WITH THE REST OF THE URBAN CORE NORTH OF THIS AREA.

SO I WOULD BE COMFORTABLE MOVING AHEAD WITH A VOTE THIS

EVENING. >> THANK YOU, THIS WITHIN. --

MISS WITTEN. >> LOOKING AT DESIGN STANDARDS AND A FEW OTHER MINOR THINGS, THERE HAD BEEN REQUESTS TO UNDO SOME OF THE RETAIL REQUIREMENTS BASED ON VACANCIES SEEN THROUGHOUT THE URBAN CORE. THOSE VACANCIES HAVE CHANGED SINCE THEN, WE ARE ALSO A LITTLE BIT OF A DIFFERENT SITUATION THAN WE ARE NOW WITH SOME SCENARIOS. MAYOR PRO TEM,

[01:05:04]

THERE ARE NOT A TON OF PROPERTY OWNERS IN THIS AREA, JUST A VERY SMALL HANDFUL IN THIS VICINITY. YOU HEARD FROM ONE OF THEM TONIGHT WHO OWNS TWO OF THEM PARCELS.

>> ALL RIGHT. ARE WE READY TO VOTE? OKAY, OKAY. LINDSAY, ROLL

CALL? >> TAYLOR.

>> OKAY, MAYBE I NEED TO ASK A QUESTION. SO WE ARE VOTING TO

AMEND THIS? >> YES, WE ARE VOTING TO -- YES. JUST AS IT READS RATE THERE. AMENDED YES.

>> PROPOSED RIGHT IN FRONT OF YOU.

>> YES. >> ALL RIGHT, DAWSON?

[10.a.(1) Gamelink. Commercial support use (manufacturing). Property located at 2230 Pumphrey Ave, Unit E. ]

>> NO, MA'AM. >> PARSONS?

>> YES. >> ANDERS?

>> YES. >> MOTION CARRIES.

>> ITEM 10 IS AN APPROVAL FOR CONDITIONAL USE , THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL AT SEPTEMBER 12TH MEETING. PUBLIC HEARING IS REQUIRED.

>> VOTING FOR APPROVAL. >> SECOND.

>> I HAVE A MOTION AND A SECOND. IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL, PLEASE COME FORWARD GIVE YOUR ADDRESS AND YOUR NAME FOR THE RECORD, COME FORWARD AND SPEAK.

SEEING NOBODY, WE WILL CLOSE A PUBLIC HEARING, ANY COMMENTS OR

[10.a.(2) KC Sol Tech. Industrial use (metal fabrication). Property located at 2117 McMillan Street. ]

QUESTIONS FROM THE PUBLIC COUNSEL? ALL IN FAVOR, PLEASE

SAY AYE. >> AYE.

>> ANY OPPOSED? THE MOTION CARRIES.

>> INDUSTRIAL USE FOR PUBLIC METAL FABRICATION IN THE INDUSTRIAL ZONING DISTRICT THE PLANNING COMMISSION UNANIMOUSLY APPROVED AT A SEPTEMBER 12TH MEETING IN A PUBLIC HEARING AS

REQUIRED. >> MOVE FOR APPROVAL.

>> I HAVE A MOTION AND A SECOND, IF YOU WOULD LIKE TO ADDRESS THE COUNCIL, PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. SEEING NO ONE, WE WILL CLOSE THE PUBLIC HEARING, ANY COMMENTS OR QUESTIONS FOR THE

[10.a.(3) Ogletree Village Shopping Center. Community shopping center. Property located south of Moores Mill Road and west of Ogletree Road, within the Moores Mill PDD. ]

COUNCIL? ALL IN FAVOR COPY SAY AYE.

>> AYE >> ANY OPPOSED? THE MOTION

CARRIES. >> ITEM NUMBER THREE, OGLETREE VILLAGE SHOPPING CENTER, LOCATED SOUTH OF MOORES MILL ROAD, RECOMMENDED APPROVAL AT ITS SEPTEMBER 12TH MEETING, A

PUBLIC HEARING IS REQUIRED. >> MOVE FOR APPROVAL.

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

>> I JUST WANT TO NOTE THAT THIS IS AN ADMINISTRATIVE

CHANGE. >> THIS IS A NEIGHBORHOOD SHOPPING CENTER, YOU HAVE APPROVED THINGS PREVIOUSLY, CHANGES UP THE SQUARE FOOTAGE, THIS CHANGE SHOULD HAVE BEEN MADE AT THAT TIME, ANYTHING ELSE TO ADD?

>> NO. >> NO ADDITIONAL SQUARE FOOTAGE

IS BEING -- >> YOU HAVE LOOKED AT THE PLANNED DEVELOPMENT DISTRICT CHANGES ALREADY, THIS IS JUST A CATCH-UP PROVISION AND WOULD BE BEST LABELED AS A COMMUNITY SHOPPING CENTER BY SQUARE FOOTAGE.

>> ANY OTHER QUESTIONS, COMMENTS? ALL IN FAVOR COPY SAY

[10.a.(4) West Veterans Warehouse RV Storage. Commercial support use (warehouse RV storage). Property located at 419 West Veterans Boulevard.]

AYE. >> AYE.

>> ANY OPPOSED? THE MOTION CARRIES.

>> ITEM NUMBER FOUR IS A CONDITIONALS USE APPROVAL, 419 WEST VETERANS BOULEVARD, PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL AT THE SEPTEMBER 12TH MEETING, PUBLIC

HEARING IS REQUIRED. >> MOVE FOR APPROVAL.

>> I HAVE A MOTION AND A SECOND, I WILL OPEN THE PUBLIC HEARING. IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL, PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. I WILL CLOSE THE PUBLIC HEARING, ANY COMMENTS OR

QUESTIONS FROM COUNSEL? >> DOES STAFF HAVE ANY CONCERNS ABOUT THE VISIBILITY OF THIS IN THE MATERIALS THAT ARE USED?

>> YES, THERE WAS A WAIVER REQUESTED AND THE CONDITION THAT THIS WAS APPROVED BY FROM A MATERIAL STANDPOINT IS THAT THEY HAVE TO SATISFY THE STAFF FROM A VISUAL STANDPOINT. A LOT OF THE DISCUSSION CENTERED AROUND, HOW FAR DOWN SHOULD THE BREAK GO ON THESE UNITS, AS THEY ARE ESSENTIALLY PARALLEL TO THE ROAD, NOT PARALLEL, PERPENDICULAR TO THE ROAD.

THERE IS A LOT OF DISCUSSION ON THAT, SO THERE IS GOING TO BE -- THERE'S GOING TO BE, I GUESS, ONCE THEY SUBMIT THE VISUALS FOR THAT, THERE WILL BE DISCUSSION ABOUT HOW FAR IT'S GOING TO GO DOWN AND WHERE. ALSO, THEY HAD A FENCE, SO THERE IS SIGNIFICANT DISCUSSION ABOUT THAT AND THAT WAS ONE OF

[01:10:02]

THE CONDITIONS RELATED TO THE ATHLETICS -- AESTHETICS, BUT THERE WAS ANOTHER DECISION AS WELL. BESTIE ARE WE OKAY TO

VOTE ON IT TONIGHT? >> WE HAVE DONE THAT IN THE PAST, THERE ARE OTHER APPROVALS AS WELL WHERE THEY HAD TO SATISFY STAFF FROM AN AESTHETIC STANDPOINT AND THEY WERE GRANTED THE WAIVER, BUT IT HAD TO STAB SATISFY STAFF. NOT JUST A CORRUGATED MAIL AT BUILDING, THEY WILL HAVE VISUALS ASSOCIATED WITH THEIR TRT, IT IS SOMETHING WE HAVE DONE IN THE PAST. 'WAIVER IS WITH THE PLANNING COMMISSION?

>> YES. >> OKAY. ANY OTHER QUESTIONS OR

[10.b.(1) Hoar Program Management, LLC. Boykin‐Donahue Campus Project. $836,689.]

COMMENTS? ALL IN FAVOR COPY SAY AYE.

>> AYE >> THE MOTION PASSES.

>> THE BOYKIN DONAHUE CAMPUS CONSTRUCTION PROJECT IN THE

AMOUNT OF 802 $36,689. >> ANY COMMENTS OR QUESTIONS? WOULD YOU EXPLAIN WHAT THIS IS, PLEASE?

>> WE HAVE BEEN USING HOAR PROGRAM MANAGEMENT FIRST WITH DESIGN PROCESS , WE UTILIZE THEIR SYSTEMS OUT OF ENVIRONMENTAL SERVICES AND PUBLIC WORKS, NOW HERE ON THE BOYKIN-DONAHUE CAMPUS, WE HAVE A LOT OF MOVING PARTS AND BASED ON TIME CONSTRAINTS OF OUR STAFF, THEY HELPED PROVIDE CONSTRUCTION ESTIMATES, ADVICE, KEEP DESIGN TEAMS IN LINE.

SHOULD BE DAY TO DAY, I WILL HAVE OUR CITY ENGINEER EXPLAIN A LITTLE BIT MORE ON-SITE PROJECT MANAGEMENT. WE ARE FIRST UNDERTAKING A VERY LARGE DEMOLITION OF EXISTING OR FORMER PUBLIC WORKS AND ENVIRONMENTAL SERVICES.

ULTIMATELY, OUR FLEET SERVICES BUILDING, ALL GOING TO GET DEMOED. AND WE HAVE TO DO TONS OF SITE WORK AND SO ON. WHAT WE ARE PAYING THEM FOR IS TO MANAGE ALL THAT IS GOING ON INSIDE, CITY PEOPLE WILL GO OUT THERE, BUT THEY ARE DAY TO DAY OPERATIONALLY AND KEEPING A LARGE TEAM OF CONSULTANTS AND THE CONTRACTOR ON THE STRAIGHT AND NARROW. THEY REVIEW ALL CHANGE ORDERS, THEY ARE ALSO OUR EYES AND EARS DAILY ON THE GROUND. CITY ENGINEER, ANYTHING ELSE? OKAY.

>> SO THE POTENTIAL FOR THE CITY COUNCIL TO POTENTIALLY LOOK AT AMENDING THE CONTRACT IN THE NEXT AGENDA ITEM, IF THAT WERE TO HAPPEN, IF THAT WERE TO HAPPEN, WOULD THAT

CHANGE THIS AMOUNT? >> THAT SHOULD NOT CHANGE THIS AMOUNT, IT WAS NEGOTIATED EITHER WAY.

>> OKAY, WE HAVE A MOTION AND A SECOND? ALL IN FAVOR, PLEASE

[10.b.(2) W.W. Compton Contractor LLC. Boykin‐Donahue Campus Project. $17,104,000.]

SAY AYE. >> AYE.

>> ANY OPPOSED? THE MOTION CARRIES.

>> ITEM 10 B2, W DO YOU COMPTON CONTRACTOR LLC, IN THE AMOUNT

OF $17,104. >> I'M GOING TO GIVE YOU A CHANCE TO MAKE THE MOTION ON THIS ONE.

>> OKAY, I MOVE THAT THIS -- >> IF WE WANT TO CONSIDER THE

AMENDMENT ITEM -- >> IF YOU WANT TO AMEND IT, YOU HAVE TO GET APPROVAL FIRST. BESTIE WE HAVE A MOTION, DO WE HAVE A SECOND? WE HAVE A MOTION AND A SECOND. NOW?

>> WITH THIS BOYKIN-DONAHUE CAMPUS PROJECT, WHAT BUILDINGS DOES THIS , I GUESS, WE ARE TALKING ABOUT THE 17 -- THE 17.104 MILLION, THIS IS NOT THE COMPLETE --

>> THIS CONSISTS OF THE DEMOLITION OF THE EXISTING PUBLIC WORKS AND FLEET SERVICES FACILITIES, CONSTRUCTION OF A NEW LIBRARY, A PARKING LOT, MULTIPURPOSE TRAILS, SPLASH PAD, RELOCATION OF THE CENTER AND TO ACCOMMODATE LEFT AND RIGHT TURN LANES INTO THESE NEW FACILITIES. THAT IS WHAT IS IN

THE $17.104 MILLION BASE BID. >> SO THAT DOES NOT INCLUDE THE

CULTURAL CENTER? >> NO, THAT DOES NOT INCLUDE THE CULTURAL CENTER, THAT IS A $1.13 MILLION ALTERNATE , JUST TO EXPLAIN A LITTLE BIT FURTHER, WHEN WE DISCUSSED THIS LAST SUMMER, THE COUNCIL WANTED TO ISOLATE THE COSTS OF THE CULTURAL CENTER. STAFF THOUGHT IT WOULD BE ABOUT $1 MILLION AND THEN LATER ESTIMATES ALSO MADE IT HIGHER, IT CAME IN AT $1.1 MILLION AND WE TOLD YOU WE WOULD BID IT AS AN ALTERNATE, SO YOU KNEW THE PRESS -- SPECIFIC COST, YOU DON'T SEE THE BROKEN DOWN COSTS OF THE SPLASH PAD OR THE LIBRARY, THE CULTURAL CENTER WANTED TO BE ISOLATED, WE BID IT AS AN

[01:15:04]

ALTERNATE. IF YOU ARE INTERESTED IN BUILDING THAT FOR THE PRICE WE SEE HERE, YOU NEED TO AMEND THE RESOLUTION, YOU HAVE A SAMPLE MOTION IN YOUR PACKETS TO ADD IT AND THEN VOTE ON THE AMENDMENT SEPARATELY AND IF YOU AMEND IT, YOU WILL VOTE

ON THE AMENDED RESOLUTION. >> WITH THAT BEING SAID, IF WE VOTE FOR THIS CONTRACT, FOR THOSE THREE BUILDINGS, ARE WE ALLOWED TO COME BACK -- IF THIS PAST TONIGHT, THE AMENDMENT THAT WE ARE TRYING TO DO, HOW WOULD THAT AFFECT --

>> YOU NEED TO DO IT AT ONCE, YOU CANNOT SEPARATE THE TWO. IF WE ARE GOING TO AWARD A BID, ONCE YOU HAVE AWARDED THE BID, WE CAN'T GO BACK AND CHANGE THE PARAMETERS OF THAT. THE BASE BID IS, WITHOUT THE CULTURAL CENTER, IF YOU WANT TO ADD THE CULTURAL CENTER, YOU NEED TO AMEND THE MAIN MOTION THAT HARDY HAS BEEN MADE TO INCLUDE IT OR WE CAN'T GO BACK, WE WOULD HAVE TO BUILD AT A SEPARATE TIME WITH A SEPARATE CONTRACTOR OR REBID IT AT A MUCH LATER DATE.

>> USE A MUCH LATER DATE, IS THIS PRICE NOW AT $1.13 MILLION, WE DO IT ON THE ROAD , WITH THE PRICE GO UP?

>> IT COULD. YOU ARE RE-MOBILIZING A CONTRACTOR AND DOING OTHER THINGS. ONE OF OUR CHALLENGES IS, WHEN YOU HAVE A CONSTRUCTION SITE THAT IS THIS MASSIVE, THE SUCCESSFUL BIDDER HAS CONTROL OVER THE ENTIRE SITE BECAUSE THEY WOULD BE GRADING THE WHOLE THING AND STUBBING SOME UTILITIES FOR THE CULTURAL CENTER ANYWAY. YOU CANNOT ALLOW A ANOTHER CONTRACTOR TO COME ON THE PROPERTY THAT WE ARE HOLDING CONTRACTOR A RESPONSIBLE FOR AND MAKE CONTROL ISSUES OR THERE IS LIABILITY ISSUES AND SO ON. YOU WOULD HAVE TO WAIT UNTIL, IN ESSENCE, WE ARE DONE WITH THE ORIGINAL PHASE BEFORE YOU COME UP AND BUILD A CULTURAL CENTER.

>> RIGHT NOW, WE ARE BUDGETED FOR THAT, WE DO HAVE IT IN THE

BUDGET FOR THE 1.13? >> YES, MA'AM, THE PROJECT CAME IN UNDER BUDGET AND WE DID CONSIDER THE CULTURAL CENTER IN

THAT AMOUNT. >> I GUESS, BEFORE I GO ON, MAYBE I NEED TO HEAR FROM OTHER COUNCILMEMBERS AS FAR AS WHAT THEIR THOUGHTS ARE ON THIS PROJECT?

>> WELL, LET ME JUST SPEAK FIRST, CONNIE. OVERALL, I AM VERY EXCITED ABOUT THE PROJECT, I LOOK FORWARD TO US REIMAGINING WHAT IT IS TODAY AND WHAT IT CAN BE. WHEN THIS IDEA WAS FIRST BROUGHT FORTH, IT WAS BROUGHT FORTH BY A CITIZEN THAT HAD THE CONCEPT OF THE CITY OF AUBURN BUILDING A ROSENTHAL LIKE SCHOOL THAT WOULD CELEBRATE THE LIVES AND HISTORY OF OUR AFRICAN-AMERICAN CITIZENS. AND WE MET WITH THE PRIOR CITY MANAGER, CONNIE AND MYSELF AND CHIEF DAWSON, AND THE IDEA AT THAT TIME WAS, POTENTIALLY, I WILL USE HABITAT AS A MODEL, BUT IT WOULD BE LIKE A COMMUNITY BUILD. THE REALITY IS, WHEN THE CITY TAKES OWNERSHIP AND CONSTRUCTS A BUILDING, IT HAS TO BE BUILT DIFFERENTLY THAN A RESIDENTIAL HOUSE. IT HAS TO BE BUILT TO COMMERCIAL STANDARDS, THERE ARE LIFE SAFETY ISSUES THAT HAVE TO BE TAKEN INTO ACCOUNT AND THE WORLD HAS CHANGED SINCE THIS IDEA FIRST CAME UP. IT COSTS A LOT MORE MONEY TO CONSTRUCT THINGS IN OUR COMMUNITY, VERY BUSY IN THE LOCAL CONTRACTORS WHO DO A LOT OF THE CONSTRUCTION IN AUBURN ARE REALLY BUSY. SO THE STAFF DESIGNED THIS AND IT WAS TO BE A PROPERLY UTILIZED COMMERCIAL BUILDING THAT THE CITY WOULD OPERATE AND OVERSEE, AND WE BID IT AS AN ALTERNATE. I BELIEVE, I BELIEVE THAT THERE COULD BE A LOT OF GREAT THINGS THAT HAPPEN INSIDE THIS BUILDING. I BELIEVE THAT THE EDUCATIONAL OPPORTUNITIES AND THE REFLECTION OPPORTUNITIES AND THE SPEAKING OPPORTUNITIES, ALL OF THOSE THINGS THAT CAN HAPPEN AS WE RECOGNIZE ALL OF THE PEOPLE THAT HAVE LIVED IN OUR COMMUNITY CAN BE A REALLY GOOD NET POSITIVE FOR AUBURN. I WILL SAY TO YOU, THERE ARE PEOPLE I AM SITTING WITH RIGHT HERE THAT WOULD LIKE TO HAVE A CLEARER VISION OF WHAT THAT WOULD BE. AND IF THAT IS WHAT THEY -- I TAKE OWNERSHIP OF THAT AND THAT IS SOMETHING WE CAN WORK TOWARDS OVER THE NEXT TWO WEEKS AND CREATE A CLEAR VISION AS TO HOW THIS BUILDING WOULD BE USED AND HOW IT WOULD BE GOVERNED AND OPERATED ON A DAILY BASIS AND, POTENTIALLY, COME BACK ON OCTOBER THE FIRST AND LOOK AT ADDING THIS. THAT IS JUST AN IDEA, BUT I AM BULLISH ON THE IDEA OF HAVING THIS FACILITY AND I BELIEVE IT WOULD CREATE OPERATIVE -- POSITIVE OPPORTUNITIES FOR OUR COMMUNITY AND POSITIVE INTERACTION WITH OUR COMMUNITY, ALL RACES, ALL FOLKS. THERE'S MY TWO CENTS.

ANYBODY ELSE? >> YEAH, I TOTALLY AGREE WITH YOU, I THINK YOU DESCRIBED IT PERFECTLY. I REMEMBER THE DISCUSSIONS IN THE COUNCIL PREVIOUS TO THIS ONE AND I THOUGHT THERE WAS A LOT OF GREAT POSSIBILITIES TO ENRICH

[01:20:03]

OUR TOWN WITH SUCH A FACILITY AND I WOULD BE, CERTAINLY, EXCITED ABOUT IT AND CERTAINLY ON THE GOOD NEWS OF THE FACT THAT WE ARE SIGNIFICANTLY UNDER BUDGET ON THIS WHOLE PROJECT.

THIS ADDED COST AMOUNTS TO LESS THAN 20% OF THE RETURNS OF THE ORIGINAL ESTIMATES, SO YOU KNOW, FOR WHAT IT IS WORTH FOR MY $.20, AS I AM VERY EXCITED BY THE POSSIBILITY OF IT AND I WOULD BE ENTHUSIASTIC SYSTEM -- ENTHUSIASTICALLY SUPPORTIVE OF

SUCH A PROJECT. >> ANYONE ELSE?

>> AND I DO UNDERSTAND , YOU KNOW, WE DID THIS -- WE ACTUALLY VOTED ON THIS AND TALKED ABOUT THIS DURING THE FIRST FOUR YEARS THAT WE WERE ON THE COUNCIL AND SOME OF US ARE NEW AND WE REALLY DON'T KNOW ALL OF THE DETAILS AND WHAT THIS ENTAILS, SO I DON'T HAVE A PROBLEM WITH POSTPONING IT UNTIL WE GET THAT INFORMATION. POSTPONING IT UNTIL THE FIRST MEETING IN OCTOBER, MAYBE WE CAN, YOU KNOW, YOU CAN DO SOME TYPE OF WORK SESSION? AND MAKE WHO IS NOT FAMILIAR WITH THIS PARTICULAR PROJECT OR THE CULTURE CENTER AND GIVE THEM A CLEAR UNDERSTANDING AND THEN, MAYBE, WE CAN VOTE ON IT AFTER WE HAVE THE WORK SESSION. I HAVE NO PROBLEM WITH POSTPONING TODAY.

>> SPEAKING OF THAT, THIS CONTRACT HAS TO BE AWARDED ON

OCTOBER 1ST. >> WE RUN INTO DEADLINES, BIDS ARE ONLY DEBT VALID FOR 100 DAYS. ON OCTOBER 1ST, WE WOULD PREFER YOU NOT LET IT GET OUTSIDE OF THAT. I NEED TO HAVE A CLEAR UNDERSTANDING OF WHAT YOU WANT IN THE NEXT TWO WEEKS, WE HAVE BEEN OVER THE BUILDING WITH THE ENTIRE COUNSEL.

>> IT IS THE PROGRAM AND I THINK IS JUST THE USE OF THE --

>> THE PROGRAMMING WE WILL NOT HAVE, THE GOAL WAS FOR YOU TO DECIDE IF YOU WERE GOING TO DO THIS, MY UNDERSTANDING FROM THE CONSENSUS OF THE COUNCIL PREVIOUSLY IS THAT YOU HAD ESTABLISHED SOME SORT OF COMMISSION OR BOARD THAT WOULD BE A COUNCIL ESTABLISHED BOARD THAT WOULD ADVISE YOU ON THE USE OF THIS FACILITY. STAFF WILL HELP MANAGE THE FACILITY AND DEAL WITH THE DAILY OPERATIONS OF IT, BUT THIS IS ALSO TO HAVE A CERTAIN GRADE OF SCHOOL CHILDREN COME THROUGH'S FOR SOME SPECIFIC SCHOOL PROGRAMMING AND THEN TO HAVE SOME DISPLAYS IN THERE THAT EITHER ROTATE OR REMAIN. IT IS NOT A MUSEUM, THAT'S WHY I WANT TO CALL IT A DISPLAY, AND YOU COULD HAVE SOME SMALL EVENTS THERE RELATIVE TO WHAT IS BEING DISPLAYED. THOSE ARE THE BROAD DISCUSSIONS THAT HAVE BEEN HAD TO DATE AND IN , AT LEAST MY UNDERSTANDING WAS, IF YOU GUYS WERE GOING TO MOVE FORWARD WITH THIS, THAT IS WHAT WE WOULD BEEN ESTABLISHED, COUNSEL WOULD WANT TO ESTABLISH PARAMETERS FOR A BOARD, FIVE-MEMBER BOARD WITH STAGGERED TERMS, WE WOULD DO THE REGULAR ON THAT AND YOU WOULD PICK PEOPLE WITH SPECIFIC KNOWLEDGE OR LENS OR, YOU KNOW, STATURE IN THE COMMUNITY AND THE HISTORIANS AND SO ON TO HELP WITH THAT. THAT IS WHERE IT HAS BEEN OVER THE LAST FIVE OR SO YEARS THAT WE HAVE BEEN TALKING ABOUT IT.

>> I AM NOT SUGGESTING ANYTHING BESIDES THAT, I AM JUST SUGGESTING THAT WE HAVE NEVER SAT DOWN WITH EVERY COUNSEL AND I SENSE TODAY, TALKING TO PEOPLE, THAT THEY DID NOT HAVE A CLEAR UNDERSTANDING OF WHAT WAS HAPPENING IN APPROVING $1.3 MILLION, THEY WOULD LIKE TO HAVE A BETTER UNDERSTANDING.

JUST STEPPING BACK FOR A SECOND AND HAVING THOSE CONVERSATIONS, IT COULD BE WORTH IT TO THIS COUNSEL TO GET EVERYBODY WHERE THEY FEEL COMFORTABLE. I AM NOT, YOU KNOW, I THINK WE ALL UNDERSTAND HOW THIS WOULD ULTIMATELY BE GOVERNED AND RUN ON A DAY-TO-DAY BASIS, BUT JUST THE DISCUSSION OF THE PEOPLE WHO ARE RESPONSIBLE FOR APPROVING THIS MONEY, TO HELP THEM UNDERSTAND HOW IT WOULD BE USED, I DIDN'T SENT -- SINCE EVERYBODY WAS IN GOOD STANDING ON THAT AND THEY WOULD LIKE MORE INFORMATION. IF I AM WRONG ABOUT THAT, PLEASE SPEAK UP.

>> I THINK YOU ARE ON THE RIGHT TRACK, MAYOR, BUT I DO THINK WE NEED -- MEGAN MENTIONED, WE NEED TO HAVE A BOARD OR WHATEVER YOU WANT TO CALL IT TO PUT INPUT INTO WHAT GOES INTO THE CULTURE CENTER. I THINK IT NEEDS TO BE FROM PEOPLE IN THE COMMUNITY OVER THERE, THEY HAVE A SAY SO IN WHAT COMES IN OVER THERE. I THINK THIS THING, I MENTIONED, MISS ROSA PARKS I HAVEN'T HEARD ANYTHING ABOUT HONORING HER YET. IF WE ARE GOING TO SPEND THAT KIND OF MONEY, I CERTAINLY THINK SHE NEEDS TO BE HONORED. I'VE BEEN ASKING FOR THAT FOR SEVERAL

YEARS. >> THAT'S EXACTLY RIGHT, THAT'S WHERE IT STARTED IN THE OLD BUILDING NEXT DOOR. MISS TAYLOR, YOU ARE MOVING TOWARDS ASKING ON A MOTION TO POSTPONE UNTIL OCTOBER 1ST, YOU DID NOT FORMALLY DO THAT, SO I WILL ASK IF YOU WOULD LIKE TO FORMALLY MAKE THAT MOTION?

>> WELL, I WOULD LIKE TO, IF -- YOU KNOW, THE COUNCIL MEMBERS

[01:25:03]

WE ARE REFERRING TO, YOU KNOW, IF THEY WANT MORE INPUT ON HOW THIS FACILITY IS GOING TO RUN AND EVERYTHING, I WOULD LIKE TO FORMALLY POSTPONE THIS UNTIL THE OCTOBER 1ST MEETING.

>> SECOND. >> WE HAVE A MOTION AND A SECOND TO POSTPONE UNTIL -- 22 SAY ANYMORE?

>> I JUST NEED SOME CLARITY FROM WHAT YOU NEED FROM STAFF DURING THE WORK SESSION BECAUSE I AM NOT CLEAR.

>> WE NEED TO GET THAT TO YOU RIGHT NOW? WELL, WE'VE GOT TWO WEEKS FROM TONIGHT THAT YOU ARE TALKING ABOUT THIS AGAIN, SO I NEED CLARITY FROM YOU ON WHAT IT IS YOU WANT TO MEET ABOUT? I'M NOT CLEAR ON THAT. BECAUSE I DON'T SEE, AND THE NEXT TWO WEEKS, THAT'S THE ONLY THING -- WE ARE HAPPY TO DO A WORK SESSION, I'M NOT SURE WE CAN ANSWER ANY OF THOSE QUESTIONS FOR YOU, THOSE ARE THINGS YOU NEED TO ANSWER FOR YOURSELVES.

WHAT ARE YOU EXPECTING OUT OF THIS? WE HAVE LIMITED INFORMATION AT THIS STAGE WITHOUT SUCH A BORDER IN PLACE

AND ROSA PARKS. >> I GUESS WHY EVERYBODY IS PONDERING IT , MAYBE, THE ONES WHO HAVE QUESTIONS THAT DON'T QUITE GET AN UNDERSTANDING, MAYBE, THEY CAN SUBMIT THOSE QUESTIONS BEFORE WE ACTUALLY DO THE WORK SECTION -- SESSION?

>> ANY INFORMATION YOU CAN PROVIDE, WHETHER IT IS TONIGHT OR WHATEVER, I WANT TO GEAR UP AND GET AS MUCH INFORMATION AS

POSSIBLE. >> PERHAPS, A SUMMARY OF WHAT OCCURRED SEVERAL YEARS AGO TO BRING THIS AS A POSSIBLE PROJECT -- MAYBE, EVEN, IF IT IS NOT A WORK SESSION, A WRITTEN SUMMARY THAT IS SHARED WITH THE COUNCIL ABOUT HOW IT CAME ABOUT FOR THOSE WHO MAY NOT KNOW. IS THAT --

>> IT CAN MANIFEST ITSELF IN A NUMBER OF WAYS, I MEAN, AGAIN, I SENSE THERE WERE SOME FOLKS UP HERE THAT WERE NOT READY -- DIDN'T FEEL COMFORTABLE VOTING ON THIS BECAUSE THEY DIDN'T UNDERSTAND EVERYTHING ABOUT IT. I AM JUST TRYING TO GIVE EVERYBODY AN OPPORTUNITY TO UNDERSTAND WHAT THEY NEED TO TO UNDERSTAND AND FEEL COMFORTABLE ON VOTING ON THIS. EVERYBODY IS COMFORTABLE, YOU CAN TAKE A VOTE, BUT I WOULD HATE FOR SOMEBODY TO CAST A VOTE BECAUSE THEY DON'T UNDERSTAND AND THEN THEY HAVE BUYERS REMORSE IN 24 HOURS AND SAID, I WOULD HAVE SUPPORTED THAT IF I REALLY KNEW --

>> WE SAY WE WANT A BOARD SET UP, CAN WE GO AHEAD AND APPROVE IT, MEGAN? AND LET HER DO THAT LATER ON?

>> WHATEVER THE COUNCIL WISHES, FROM WHAT I HAVE UNDERSTOOD PREVIOUSLY, THAT WOULD HAPPEN, SO I THINK THE GOAL WOULD BE TO COME FORWARD TO YOU AND IF YOU WANT TO JUST GET INFORMATION BETWEEN NOW AND THEN FOR ANYBODY WHO NEEDS IT AND ALSO UNDERSTAND, YOU TELL ME YOU WANT A RESOLUTION ON THAT AGENDA ESTABLISHING A FIVE-MEMBER BOARD OR WHATEVER

IT IS. >> I DON'T THINK WE WANT THAT AT ALL, I THINK THERE ARE SOME PEOPLE WITH QUESTIONS, THEY WANT TO ASK THOSE QUESTIONS PRIMARILY OF MYSELF AND CONNIE AND TOMMY BECAUSE WE WERE THE PEOPLE IN THAT FIRST MEETING.

LET'S JUST GET THOSE QUESTIONS ANSWERED AND PUT IT BACK ON THE AGENDA ON OCTOBER 1ST. I SENSE THAT THE COUNCIL IS VERY EXCITED ABOUT THIS PROJECT AND WE WANT TO SEE BOYKIN-DONAHUE

RENOVATING AND REPURPOSE AND >> ONCE IT IS APPROVED, I THINK THERE NEEDS TO BE OVERSIGHT AND EXACTLY HOW IT IS GOING TO BE

USED. >> TOTALLY AGREE.

>> TOTALLY AGREE. >> I WOULD SUPPORT A POSTPONEMENT, I THINK THAT WOULD ALLOW MYSELF, BEING ONE OF THOSE NEWER MEMBERS IN THE COUNCIL, AN OPPORTUNITY TO TALK WITH YOU, MISS TAYLOR, FURTHER ABOUT IT AND THE CITY MANAGER FURTHER ABOUT THE PROJECT AND THE INTENTIONALITY BEHIND IT. I WOULD SUPPORT POSTPONING IT UNTIL AT LEAST TWO WEEKS

CONSIDER IT. >> I WOULD FALL IN LINE WITH COUNCILMAN COBLENTZ THERE. I WOULD LIKE A BETTER UNDERSTANDING OF HOW THIS SPACE MIGHT BE USED IN A WAY THAT OTHER SPACE THAT WE ARE CONSTRUCTING COULD NOT BE USED.

>> GLADLY, I WANT TO REMIND EVERYBODY THAT THIS IS NOT A STAFF GENERATED PROJECT, IT RESIDED FROM A CITIZEN AND COUNCIL MEMBERS. WE WILL DO OUR BEST TO ANSWER THOSE QUESTIONS, BUT SOME ARE BEST ANSWERED BY THE COUNCILMEMBERS THAT WERE

INVOLVED AT THE TIME. >> STARTING OFF IS ONE THING.

>> LOOK, I JUST WANT TO MAKE SURE THAT WE ARE NOT BUILDING A

$1.2 MILLION MEETING ROOM. >> NO.

>> AND THAT IS , SORT OF, WHEN WE HAVE THIS CAMPUS HERE THAT LOOKS FANTASTIC, I WOULD IMAGINE THAT WHEN WE BUILD THIS LIBRARY, BUILD THE OTHER BUILDINGS, THERE WILL BE AMPLE SPACE , SO MY QUESTION IS PRIMARILY REVOLVING AROUND WHETHER OR NOT THE PROGRAMMING AND THE IMPACT IN WHAT WE ARE TRYING TO DO COULD BE ACCOMPLISHED IN THE OTHER

[01:30:02]

SPACES THAT WE ARE BUILDING OR WHETHER THE BUILDING OF THIS ADDITIONAL BUILDING IS A CENTRAL PIECE OF MAKING SURE THAT WE CAPTURE WHAT WAS INITIALLY INTENDED.

>> THOSE ARE MY SENTIMENTS EXACTLY AS WELL. COUNCILMAN ADAMS SAID IT EXACTLY HOW I FEEL ABOUT IT, I JUST WANT TO ENSURE THAT WHAT WE ARE BUILDING HERE, IF WE CAN ACCOMPLISH THE GOAL OF WHAT WE WERE INTENDING WITHIN THE SPACES THAT WE ARE DOING AS WELL, JUST LOOKING AT THAT CONSIDERATION AS OPPOSED TO IN ADDITION TO. I FELL IN LINE WITH THAT LINE OF QUESTIONING AS WELL.

>> ALL RIGHT, DO WE HAVE A MOTION TO POSTPONE? WOULD YOU

LIKE TO MAKE THAT MOTION? >> THERE WAS A MOTION AND A

SECOND. >> THERE WAS A SECOND? ALL IN

[12. CITIZENS’ OPEN FORUM.]

FAVOR OF POSTPONING TO OCTOBER 1ST COPLEY SAY AYE. ANY

OPPOSED? THE MOTION CARRIES. >> THOSE ARE ALL THE ITEMS OF

BUSINESS WE HAVE FOR YOU. >> AT THIS TIME, WE WILL OPEN THE OPEN FOR HIM. THIS IS YOUR CHANCE TO SPEAK TO THE COUNCIL ABOUT ANYTHING ON YOUR MIND, I WOULD ASK THAT YOUR COMMENTS BE ADDRESSED TO THE COUNCIL AND REMEMBER YOU HAVE THREE MINUTES TO SPEAK AND WE ASK THAT YOU GIVE US YOUR NAME AND ADDRESS

FOR THE RECORD. >> JUSTICE, CAN YOU HANDLE THAT TO HIM? THERE IS ARROWS, THERE IS RIGHT AND LEFT. YEP.

>> MY NAME IS RUSSELL WILKINS, 261 -- HELLO? CAN I START OVER? MY NAME IS ROBERT WILKINS, 261 DESTIN DRIVE, AUBURN, ALABAMA.

GOOD EVENING, MAYOR AND COUNCIL. WARTY TWO MONTHS AGO, ORDINANCE -- WAS PASSED, TAYLOR GRISWOLD, ANDERS, PARSONS AND DAWSON. IN CONJUNCTION WITH OUR DATA, NO DATA CITY BUREAUCRATS AND THE IMPOTENT SCR TASK FORCE HAS TAKEN AWAY OUR CONSTITUTIONAL RIGHTS AND OUR PROPERTY RIGHTS WITH 29 SMOKESCREEN OF PRETEND DUE DILIGENCE. LONG-TERM RENTAL IS OVER 31 DAYS, SO THEY COULD ACTUALLY HAVE 11 RENTALS IN A YEAR. 80% OF THE SCR INCOME CAME FROM AUBURN FUNCTIONS CONSISTING OF- -- GRADUATIONS. THE GREEDY CORPORATE HOTELS CANNOT THE HOTEL NEEDS ON THOSE 10 FUNCTIONS. HINGING ON DISCRIMINATORY ZONING PRACTICE. 151 FAMILIES, $132,000 STOLEN FROM MY FAMILY. LINDA DEANS RAGTAG, SELFISH GROUP CONTROL THE NARRATIVE THEY WOULD GO BACK TO MRS. DEANS STATES -- LINE OF DEFENSE, MY HOME IS A HOTEL BECAUSE I WAS GETTING MONEY, THEIR ONLY DEFENSE. HIS WILL AND PARSONS SAID, THIS IS A HOTEL. THIS IS MY WIFE'S HOUSE AND MY HOUSE, WHAT IS A REAL HOTEL? THIS IS A REAL HOTEL, THIS IS THE NEW GRADUATE HOTEL, KNOWN BY MANY AS THE ANDERS HOTEL, THE MAYOR SHOULD HAVE RECUSED FROM THE SCR VOTE. GRISWOLD AND PARSONS SAID, THIS IS A HOTEL. I HAVE A SIMPLE SOLUTION, THIS WOULD SOLVE ALL OF THE ISSUES OF THE HOTEL NEIGHBORHOOD PAIN STREET ISSUE AND RESTORE THE REMAINING 151 REMAINING FAMILIES , THEIR PROPERTY AND THEIR CONSTITUTIONAL RIGHTS. THANK YOU.

>> HOLD ON JUST A SECOND, THERE WE GO. THANK YOU.

[01:35:01]

>> SUSAN BOLT, 1188 EAST UNIVERSITY DRIVE. THIS WAS A GREAT WEEKEND FOR AUBURN FOOTBALL, FOR SOME, ANYWAY. WE STILL HAVE A TWO-TIERED JUSTICE SYSTEM IN THE CITY OF AUBURN WHEN IT COMES TO SHORT-TERM RENTALS. I BROUGHT THIS ITEM TO YOUR ATTENTION AT LEAST TWO TIMES BEFORE, YET IT IS STILL HAPPENING. THIS IS A PICTURE OF THE MAYOR'S CAMPAIGN MANAGER'S HOUSE THAT IS IN A PROHIBITED ZONE, YET, HE IS STILL DOING SHORT-TERM RENTALS. I ASK THESE PARTICULAR PEOPLE IF THEY, INDEED, RENTED THIS HOUSE FOR THE WEEKEND AND THEY TOLD ME THAT THEY DID. Y, MAYER, IS YOUR CAMPAIGN MEMBERS STILL BEING ALLOWED TO DO SHORT TERMINALS?

>> HE WAS NOT MY CAMPAIGN MANAGER. HE WAS NEVER MY

CAMPAIGN MANAGER FOR >> INTERESTING. I MISSED IT OUT ON $15,000, HOW IS IT THAT YOUR "NOT" CAMPAIGN MANAGER IS STILL ABLE TO DO SHORT-TERM RENTALS? I AT THIS PARTICULAR HOUSE WHO IS NOT YOUR CAMPAIGN MANAGER AND EXPECT YOU AND THE CITY TO ENFORCE THE ORDINANCE OF THE CAMPAIGN MANAGER OR RESCIND THE ORDINANCE AND ALLOW ALL OF US TO RESUME OUR SHORT-TERM RENTALS. THE GRADUATE HOTEL IS NOW OPEN FOR BUSINESS TO GREAT PEOPLE COMING TO THE CITY FOR SHORT-TERM STAYS. THE GRADUATE HOTEL HAS 177 ROOMS , 151 FAMILIES THAT WERE OFFERING SHORT-TERM MENTAL RENTALS WERE ZONED OUT BY ORDINANCE 3288, THUS ELIMINATING APPROXIMATELY 460 ROOMS PROVIDED BY THAT 151 FAMILIES. WITH THOSE APPROXIMATE 451 ROOMS ELIMINATED FROM THE SHORT-TERM RENTAL MARKET, PEOPLE MIGHT DECIDE TO STAY AT THE GRADUATE HOTEL, ILLUMINATE 450 ROOMS? REDIRECT THEM TO THE GRADUATE HOTEL. THE HOTEL LOBBY IS THE LARGEST LOBBYING GROUP ASSOCIATED WITH SHORT-TERM RENTAL INDUSTRY. THEIR GOAL IS TO DECIMATE THE SHORT-TERM REST RENTAL INDUSTRY, MAYOR, WHY DIDN'T YOU RECUSE YOURSELF FROM THE VOTE? YOU HAD AN OBVIOUS CONFLICT OF INTEREST -- EXCUSE ME, OBVIOUS CONFLICT OF INTEREST SINCE YOU WERE IN THE PROCESS OF NEGOTIATING A MULTIMILLION DOLLAR LAND DEAL WITH YOUR FAMILY PROPERTY. IT SHOULD BE NOTED THAT CONSTRUCTION FOR THE HOTEL PROPERTY DIDN'T START UNTIL AFTER THE PASSAGE OF ORDINANCE 3288, IS THAT JUST AN ODD COINCIDENCE? I DON'T THINK SO. MR. DIXON RECUSED HIMSELF, WHY DIDN'T YOU? IF YOU HAD RECUSED YOURSELF DUE TO YOUR CONFLICTS OF INTEREST, THERE WOULD NOT HAVE BEEN A MAJORITY VOTE AND ORDINANCE 3288 WOULD NOT HAVE PASSED. YOU NEED THAT ORDINANCE TO PASS, DIDN'T YOU? COUNSEL, KNOWING THAT THE ORDINANCE WOULD NOT HAVE PASSED IF THE MAYOR HAD RECUSED HIMSELF DUE TO A CONFLICT OF INTEREST, I AM ASKING YOU ALL TO DO THE RIGHT THING AND RESEND ORDINANCE 3288.

>> THANK YOU. WHO WILL BE NEXT?

>> GOOD EVENING, COUNSEL. 112 NORTH DEBARRED 11 STREET, APARTMENT FIVE. I CAME UP HERE TO SAY THANK YOU FOR SOME OF THE GREAT THINGS OUR CITY HAS, I WAS JUST AT THE FRANK BROWN REC CENTER, WHERE I HAVE BEEN GOING TO AN INTERMEDIATE VOLLEYBALL GAME, IT HAS BEEN A LOT OF FUN. A LOT OF -- ANOTHER PROGRAM AND FACILITY I AM GRATEFUL FOR IS THE PUBLIC LETTER LIBRARY, THERE HAVE BEEN A LOT OF FOLKS COMING UP AND MAKING COMMENTS AND SOUNDS LIKE THERE HAS BEEN SOME CONTROVERSY, BUT MY EXPERIENCE WITH THE LIBRARY HAS BEEN NOTHING BUT POSITIVE THE WHOLE WAY THROUGH. I WORKED AS A NANNY IN AUBURN FOR SEVEN OR EIGHT YEARS AND I LOVED BRINGING THE LITTLES TO THE LIBRARY, IT IS ALWAYS COOL TO PARTICIPATE IN STORY TIME OR THE OTHER PROGRAMMING THAT THEY HAVE FOR YOUNG CHILDREN. AND ALSO, IT IS NICE TO JUST SEE THE FRIENDLY FACES OF THE LIBRARIANS THAT ARE ALWAYS HELPFUL WITH POINTING ME TOWARDS RESOURCES AND SHOWING HOW WE CAN REQUEST ITEMS WE ARE INTERESTED IN TO GET THE COLLECTION EXPANDED. AS I AM SURE YOU ALL ARE AWARE, THERE IS A PROCESS IN PLACE FOR CHALLENGING MATERIALS THAT ARE INAPPROPRIATE, IT SEEMS THAT FOLKS WHO HAVE HAD OBJECTIONS TO LIBRARY CONTENT HAVE DONE THOSE AND FOUND THE OUTCOMES LACKING. I AM SORRY THAT YOU HAVE TO, KIND OF, SIT THERE AND

[01:40:05]

LISTEN TO COMPLAINTS. AS I FEEL THAT OUR CITY STAFF DOES A GREAT JOB, INCLUDING Y'ALL BEHIND THE DAIS AND I KNOW IT IS A TOUGH GIG, I APPRECIATE Y'ALL FOR DOING IT. THANKS.

>> THANK YOU. WHO WILL BE NEXT? YES, SIR?

>> MY NAME IS CAESAR EDWARDS, 15/63 ROAD, THREE WEEKS AGO, THERE HAD BEEN SOME LAND CLEARED UP THE ROAD AND I HAVEN'T TALKED TO THE PLANNING COMMITTEE, BUT I THINK THE THING THAT I HAD HEARD WAS THAT THEY ARE GOING TO BUILD A CONDO THERE. I GUESS, SHOULD I GO TO THE PLANNING COMMITTEE FIRST

AND TALK TO THEM? >> NO, SURE, IT IS A

SINGLE-FAMILY DETACHED HOUSE. >> IS A SINGLE-FAMILY?

>> YES, SIR. NO, SIR, IT IS IN A NEIGHBORHOOD CONSERVATION ZONING DISTRICT, WHICH MEANS IT CANNOT BE A CONDO, IT HAS TO BE

A HOUSE. >> THANK YOU MA'AM.

>> WHO WILL BE NEXT? OKAY. >> I'M SORRY, I APOLOGIZE, LET

ME REOPEN. >> MY NAME IS JACKSON NASHVILLE, I LIVE ON 1515 VFW ROAD. WE ARE A LOW INCOME NEIGHBORHOOD WITH 1800 TO 2000 SQUARE FEET, CLEARING OFF SOME LAND AND THEN PUTTING IN THREE TO 4000 SQUARE-FOOT HOUSES.

THAT IS GOING TO MAKE OUR RENT GO UP AND MOST OF THE CITIZENS -- SENIOR CITIZENS STAYING IN THE NEIGHBORHOOD, WE WERE BORN AND RAISED DOWN THERE. I DON'T KNOW HOW WE ARE GOING TO BE ABLE TO HANDLE ALL OF THAT. YOU KNOW, THAT IS OUR NEIGHBORHOOD AND WE WERE BORN AND RAISED DOWN THERE. BUILDING $600,000 HOMES, THEY PLAN ON BUILDING IT ALL BEHIND THE HOUSING AND AROUND THE NEIGHBORHOOD. THAT COULD IT INCREASE THE LAND VALUE, THE TAXES ON OUR LAND, AS SENIOR CITIZENS, WE DON'T HAVE A FIXED INCOME. WE NEED TO COME TO AN AGREEMENT OR SOME

KIND OF ARRANGEMENT. >> I'M NOT SURE WHAT WE CAN DO WITH THAT, I WASN'T AWARE THERE WAS SOME CONSTRUCTION GOING DOWN THERE. IF YOU LEAVE YOUR NAME AND ADDRESS WITH EITHER MR. COTTON OR MR. CUMMINS, WE CAN GET BACK IN TOUCH WITH YOU LATER THIS WEEK, IS THAT OKAY?

>> APPRECIATE YOU, MAN. >> THANK YOU.

>> IT IS ONE HOUSE AND SEVERAL FOLKS HAVE CONTACTED STAFF, IT IS A LARGER HOUSE THEN YOU SEE, THERE IS A LOT OF TRADITIONAL FAMILY PROPERTY, A LOT OF LONGTIME RESIDENTS IN THE AREA, BUT A LOCAL BUILDER IS COMING IN, I DON'T KNOW WHO THEY ARE BUILDING THE HOUSE FOR, BUT IT IS QUITE A LARGE HOUSE SITTING ON MORE THAN A ONE ACRE PARCEL. IT IS SLIGHTLY LARGER THAN AN ACRE PARCEL, IT IS A LARGE HOUSE, IT IS PERMITTED BY RIGHT , IT MEETS ALL OF OUR REGULATIONS, EXPANSION SERVICES DEPARTMENT RESERVED -- REVIEWED THE HOME PLANS, I UNDERSTAND THE SENTIMENT OF THE NEIGHBORS, BUT THE CITY HAS NO LEGAL ABILITY TO STOP THE CONSTRUCTION OF THE HOME.

>> ARE THERE NOT SOME HOME SET EXEMPTIONS FOR PERSONS OF A CERTAIN AGE WITHIN THE COUNTY LEVEL FOR PROPERTY TAX?

EXEMPTIONS? >> YES.

>> I WOULD ENCOURAGE INDIVIDUALS WHO MAY READ -- MEET THOSE STIPULATIONS TO GO SEE -- CONTACT THE REVENUE COMMISSIONER'S OFFICE TO SEE IF YOU QUALIFY FOR SOME HOMESTEAD EXEMPTION RELIEF ON YOUR PROPERTY TAXES.

>> THANK YOU FOR SAYING THAT, MS. TAYLOR. I REPRESENT THAT AREA, I AM HAPPY TO SIT DOWN AND TALK WITH YOU GUYS AS WELL, ALONGSIDE THE CITY, IF YOU LEAVE YOUR CONTACT INFORMATION, I WOULD HAPPY -- BE HAPPY TO REACH OUT AND HAVE A CONVERSATION WITH YOU AS WELL.

>> CERTAINLY, WE CAN MAKE THE DEVELOPER -- I DON'T KNOW WHO THE END-USER IS, I AM AWARE OF CONCERNS.

>> LET ME ASK YOU A QUESTION. MR. JACKSON SAID WITH THE FIRST GENTLEMAN, HE WAS SAYING THAT THEY WERE GETTING READY TO BUILD SOME HOUSES AROUND THE NEIGHBORHOOD THAT IS ALREADY THERE. SO NONE OF THAT DEVELOPMENT HAD TO GO THROUGH THE PLANNING OR IT JUST -- PEOPLE CAN JUST COME IN AND CLEAN OFF PROPERTY BECAUSE THEY OWN IT AND -- JUST START BUILDING HOUSES BECAUSE IT IS ZONED A PARTICULAR WAY? I'M

[01:45:09]

JUST -- >> THE ONE PARTICULAR PARCEL, WHICH IS 1521 VFW ROAD, IS THAT CORRECT? I HAVE TWO ADDRESSES FROM STAFF, BOTH OF YOU ARE PROBABLY REFERRING TO THAT, THAT IS ONE PERSONAL -- PARCEL, WE HAVE ONE HOUSE PERMITTED THERE, NORTH OF 4000 SQUARE FEET. A HOUSE WHICH IS BIGGER THAN YOU SEE AND WHAT I WOULD CALL A LONG-STANDING NEIGHBORHOOD, IT HAS BEEN IN THAT AREA FOR GENERATIONS AND LOTS OF FAMILY-OWNED PROPERTY, BUT BY ZONING LAWS, THE PROPERTY OWNER HAD THE RIGHT TO SELL OR HAS THE RIGHT TO BUILD A HOUSE THAT MEETS CITY REQUIREMENTS. IT IS A NEIGHBORHOOD CONSERVATION FORM, I BELIEVE? 14, IT IS 14,000 SQUARE LOT MINIMUMS, THIS IS OVER AN ACRE, WHICH FAR EXCEEDS THAT. A HOUSE CAN BE BUILT THERE, BUT TO THE CONDOMINIUM QUESTION, AS I CLARIFIED, THIS IS NEIGHBORHOOD CONSERVATION, IT IS NOT ALLOWED AND CANNOT BE CONDOMINIUMS. I ALSO BELIEVE THAT IF I HEARD CORRECTLY AND UNDERSTOOD, SOME FOLKS HAVE REACHED OUT TO STAFF, THERE IS SOME PROPERTY VALUATION CONCERNS THAT PART OF WHAT YOU ARE HEARING IS NOT JUST A HOMESTEAD SIDE, WELL, IF THIS HOUSE COMES IN AND IT IS GIGANTIC AND A 600 OR $800,000 HOUSE, IS THAT GOING TO DRIVE UP PROPERTY TAXES? FOR EVERYBODY WHO LIVES ADJACENT TO IT AND THAT IS SOMETHING WE CAN ALSO WORK WITH THE REVENUE COMMISSIONER A LITTLE BIT TO SPEAK TO. WE ARE HAPPY TO COORDINATE AND HELP THE CITIZENS IN THAT AREA GET THE

INFORMATION THEY NEED. >> THANK YOU.

>> WE WILL GET WITH YOU AFTER THE MEETING, SIR. YES, SIR.

CITIZENS COMMUNICATION IS STILL OPEN, ANYBODY ELSE? I DON'T WANT TO MISS ANYONE. OKAY. WE WILL CLOSE CITIZENS COMMUNICATIONS. ANYONE ON THE COUNCIL HAVE ANYTHING THEY

WOULD LIKE TO SAY? >> I JUST WANT TO SAY, I HAVE KNOWN THE MAYOR FOR QUITE SOME TIME AND WORK WITHIN THE LAST TWO YEARS, I KNOW HE IS A MAN OF INTEGRITY, HE IS A MAN OF HONOR. IN ANY SITUATION REQUIRED FOR HIM TO RECRUIT HIMSELF, HE WOULD HAVE DONE SO. IN SUPPORT OF HIS POSITION THEN AND NOW, AS FAR AS RECUSING HIMSELF OR NOT RECUSING HIMSELF, THE MAN I KNOW HIM TO BE IS HONORABLE, I KNOW HE WOULD DO THE RIGHT THING IN THAT SITUATION. SO I JUST

WANTED TO PUT THAT OUT THERE. >> ANYONE ELSE?

>> I JUST WANT TO ASK A QUESTION, I THINK I SENT AN EMAIL TO THE CITY MANAGER AND THE MAYOR ABOUT THE AIR CONDITIONING UNIT AT BOYKIN. I JUST WANT TO SEE WHAT TYPE OF UPDATE, BECAUSE I HAVEN'T HEARD AN UPDATE AS FAR AS THE

EMAIL THAT I SENT. >> I RESPONDED TO YOUR EMAIL SAYING THAT WE ARE WORKING ANY AND ALL ANGLES . THERE IS A PROBLEM WITH THE NEW AIR CONDITIONER AT BOYKIN AND WE DON'T HAVE THE SAME PROBLEM WITH THE IDENTICAL UNIT AT FRANK BROWN. WE ARE NOT TO THE BOTTOM OF WHAT THE ISSUE IS YET, IN TERMS OF EVEN WORKING ON THIS MONTH'S , IT IS NOT FUNCTIONING PROPERTY AND IT IS A HIGH HUMIDITY SITUATION AND WE ARE WORKING ON IT, BUT WE CAN'T -- I HAVE ASKED THE QUESTION OF THE PEOPLE WHO WORK THERE, IT USED TO NOT BE AIR-CONDITIONED AT ALL, SO IT IS BETTER THAN IT WAS, BUT NO, IT IS NOT FUNCTIONING PROPERLY, NOR TO OUR SATISFACTION, BUT WE ARE ALSO IN SOME MORE NT SITUATIONS. WE HAVE HAD MECHANICAL ENGINEERS, WE HAVE HAD THE CONTRACTOR, THE MANUFACTURER, WE ARE BRINGING OUTSIDE PEOPLE IN TO ADDRESS IT. I CONVENED MULTIPLE DEPARTMENT HEADS IN THE BUILDING, WE ARE TRYING EVERYTHING, MONITORING THE TEMPERATURE, THERE IS SOMETHING THAT IS NOT WORKING RIGHT WITH THE UNIT THAT HAS NOT BEEN IDENTIFIED. WHEN IT IS, IT WILL BE CORRECTED AND IT WILL IMPROVE.

>> OKAY, I JUST WANTED TO KNOW BECAUSE I GOT ADDRESSED ABOUT IT AT THE MEETING OVER AT BOYKIN. DOING THE WALK-THROUGH, SO IT WAS STAFF OVER AT BOYKIN THAT REALLY SAID -- IT WAS REALLY ABOUT THE GYM, SO I GUESS YOU ARE SAYING THAT THE BUILDING ITSELF , THE AIR CONDITIONER IS WORKING? PROPERLY? BUT IN THAT GIN, I WALKED THROUGH THE GYM, IT WAS

EXTREMELY HOT. >> I HAVE BEEN IN THERE TOO, OUR STAFF HAS, WE RESET THE UNIT ON A DAILY BASIS, SOMETIMES TWICE TO TRY TO GET IT TO WORK PROPERLY. ONE OF THE THINGS IS, WE ARE NOT ALLOWED TO DO CERTAIN THINGS OR WE WILL LOSE THE WARRANTY AND I CANNOT, IN GOOD CONSCIENCE, EXPLAIN TO YOU WHY WE NEED TO SPEND 30, $40,000 BECAUSE WE INVALIDATED THE WARRANTY. WE ARE WORKING THROUGH ALL OF THAT, EVERY ANGLE, LIKE I SAID, FIVE DEPARTMENT HEADS IN THEIR , COLLECTIVE STAFF IS WORKING ON THIS. IT IS A LOT OF MANPOWER,

[01:50:06]

WE WILL GET IT CORRECTED, BUT THE PROBLEM IS, IT IS YET TO BE IDENTIFIED AND IT IS LIKELY WITH THE UNIT ITSELF AND THE

MANUFACTURER. >> OKAY, ALL RIGHT, THANKS.

>> ANYONE ELSE? >> YES, SIR, MAYOR. MR. WILKINS MADE SOME STATEMENTS , I WAS INVOLVED IN STEALING SOMETHING TO DO WITH THIS ORDINANCE, I DON'T KNOW WHAT YOU ARE TALKING ABOUT THERE. I'VE NEVER STOLEN ANYTHING IN MY LIFE AND I DON'T PLAN ON STARTING NOW. YOU SHOULD MAKE SURE YOU GOT YOUR FACTS RIGHT, AND THE THREE-MINUTE SPEAKING IS NOT MEANT TO ATTACK AN INDIVIDUAL PERSON, IT IS MEANT TO SPEAK YOUR PROBLEM THAT YOU MAY HAVE AS WE TRY TO FIND A SOLUTION WITH IT, BUT WE ARE NOT GOING TO FIND -- THE SDR STUFF IS PASSED. SOMEONE BRINGS IT BACK UP TO CHANGE IT, I KNOW NOTHING I CAN SAY WILL CHANGE IT, YOU CAN COME IN HERE AND WE ARE DOING SOMETHING CRAZY. I WISH YOU WOULD REFRAIN FROM ACCUSING ME OF STEALING ANYTHING FROM THE CITY. USING MY POSITION FOR ANYTHING, AS FAR AS THE MAYOR, I HAVE KNOWN THE MAYOR FOR A LONG TIME AND HE'S GOT MORE SENSE THAN TO DO SOMETHING LIKE THAT AND I THINK THAT HOTEL , BEFORE THEY FINALLY SETTLED ON THAT SPACE?

>> IT WAS ABOUT THE FIFTH LOCATION, THE HOTEL WAS ALSO APPROVED AT NEARLY A YEAR BEFORE THE SHORT-TERM RENTAL

ORDINANCE WAS ADOPTED. >> EXACTLY, I DON'T KNOW WHERE THAT IS COMING FROM, BUT I UNDERSTAND YOU HAVE YOUR RIGHT, BUT YOU DON'T HAVE TO ATTACK A PERSON'S INDIVIDUAL CHARACTER.

LIKE I SAID, YOU WON'T PAY ATTENTION TO ANYTHING I HAVE

SAID IN THE PAST. THANK YOU. >> ANYONE ELSE?

>> I MIGHT AS WELL JUMP ON THERE AS WELL. YOU KNOW, WHEN YOU ARE TRYING TO MAKE POLICY, I THINK EVERYBODY UP HERE HAS DONE THE VERY BEST THAT THEY CAN TO MAKE A POLICY THAT THEY ARE COMFORTABLE WITH AND THAT THEY BELIEVE REFLECTS THE GENERAL WILL OF THE CONSTITUENTS IN AUBURN. THE ADVERSARIAL TONE THAT HAPPENS WITH MR. WILKINS , IT IS UNFORTUNATE BECAUSE I CAN GUARANTEE THAT NONE OF US UP HERE CAME TO OUR DECISIONS WITH ANY KIND OF FEELING OF -- ENJOYMENT AT THE DISSATISFACTION OF THOSE PEOPLE WHO MAY HAVE BEEN AFFECTED NEGATIVELY. I THINK ALL OF US HAVE -- BELIEVE THAT WE ARE DOING THE RIGHT THING FOR THE VAST MAJORITY OF THE PEOPLE THAT WE REPRESENT. I CERTAINLY FEEL THAT WAY AND I THINK THE RE-ELECTION OF -- MY SUBSEQUENT RE-ELECTION SUPPORTS THAT. THE RCR FIVE, I HAVE DESIGNED A LITTLE T-SHIRT WITH ALL OF THIS ON IT, BUT ONLY BECAUSE IT IS, KIND OF, -- IT DOESN'T REFLECT THE REALITY OF THAT POLICY. YOU KNOW, IT IS A PECULIAR THING TO BE LABELED THE SDR FIVE INSOFAR AS THERE IS A COMPLETE DISCONNECT WITH YOUR WILLINGNESS TO CREATE US AS THOSE FOLK WHEN, IN FACT, I DON'T SEE MYSELF AS THOSE FOLK AS AT ALL, I JUST SEE MYSELF AS A GUY TRYING TO INTERPRET THE CONCERNS AND CARES OF A LOT OF PEOPLE THAT I REPRESENT. AND I KNOW, YOU MAY NOT AGREE WITH THIS, BUT I KNOW THAT THE RESPONSE THAT I RECEIVED FROM THE DETERMINATIONS THAT WE MADE ON THAT POLICY WERE OVERWHELMINGLY POSITIVE. AND THAT IS HOW I CAN LOOK MYSELF IN THE MIRROR EVERY DAY THAT I COME HERE AND TRY TO DO THE RIGHT THING BY THE LONG-TERM RESIDENCE AND EVERY RESIDENT OF

THE CITY. >> ANYONE ELSE? OKAY, TO

ADJOURN? >> WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.