Dec 03, 2024 City Council

[1. CALL TO ORDER.]

[00:00:10]

>>> WE WILL CALL TO ORDER TONIGHT CITY COUNCIL MEETING FOR DECEMBER 3RD, 2024, WELCOME TO THOSE WHO ARE HERE, WELCOMING THOSE WHO ARE LISTENING, AND WATCHING THROUGH OUR STREAMING SERVICES. ROLL CALL, LINDSAY?

>> >> WOULD YOU PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE THEN REMAIN STANDING FOR A MOMENT OF

SILENCE? >> I PLEDGE ALLEGIANCE TO THE UNITED STATES OF THE AMERICA AND TO THE PUBLIC FOR WHICH IT STANDS HIM UP ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY,

AND JUSTICE FOR ALL. >> PLEASE BE SEATED. THIS IS

[4. MAYOR AND COUNCIL COMMUNICATIONS.]

EMPLOYEE OF THE MONTH. >> ♪

>> WE ARE PROUD TO INTRODUCE YOU TO OUR EMPLOYEE OF THE MONTH . IT IS MY HONOR TO NOMINATE COREY WALP FOR EMPLOYEE OF THE MONTH. COREY JOINED THE WATER BOARD IN MARCH, 2015, AS UTILITY MAINTENANCE AND WORKER AND OCTOBER 2017 HE WAS PROMOTED TO HIS CURRENT POSITION AS HEAVY EQUIPMENT OPERATOR. COREY'S MAIN RESPONSIBILITIES TO OPERATE VARIOUS CONSTRUCTION EQUIPMENT IS INCLUDING EXCAVATORS AND BACKHOES TO FACILITATE WATER SYSTEM CONSTRUCTION AND MAINTENANCE ACTIVITIES. IT IS HIS ROLE AS A CREW , IN HIS ROLE AS A CREW LEADER HE IS RESPONSIBLE FOR ENSURING WORK IS PERFORMED TO THE STANDARDS OF THE WATER BOARD AND THAT JOBSITES MAINTAIN A SAFE WORK ENVIRONMENT. THE CREWS LEADS ARE NEAR ROADWAYS WITH HEAVY VEHICLE AND PEDESTRIAN TRAFFIC. THEREFORE WORKSITE SAFETY IS A PRIORITY AND COREY TAKES THIS RESPONSIBILITY SERIOUSLY. COREY HAS BEEN INVOLVED IN NUMEROUS WATER MAIN PROJECTS RECENTLY INCLUDING TWO WATER MAIN REPLACEMENT PROJECTS ON SOUTH AND NORTHSTREET . BIRD STREET AND NEW WATER MAIN ON BRIARWOOD AVENUE IN THE TANGLEWOOD SUBDIVISION, AND SEVERAL IMPROVEMENT PROJECTS ON SOUTH COLLEGE STREET IN SANFORD AVENUE. COREY ALSO PERFORMS MANY OTHER TASKS SUCH AS KEEPING VALVES OPERATIONAL, CHECKING METERS WITH ZERO USAGE AND MAKING NECESSARY REPAIRS, INSTALLING ANTENNAS ON METERS, FLUSHING HYDRANTS TO COLLECT DATA ON WATER FLOW, AND PRESSURE, INVESTIGATING POSSIBLE LEAKS, PRESSURE COMPLAINTS AND WATER QUALITY CONCERNS, AND PROPERLY MAINTAINING EQUIPMENT . HE ALSO DOES AN EXCELLENT JOB SERVING IN THE AFTER-HOURS ON-CALL ROTATION. EVEN MORE OUTSTANDING IS HIS WILLINGNESS TO COME IN WHEN NOT ON CALL AND TO ASSIST COWORKERS IN NEED. COREY CONDUCTS HIMSELF IN A POLITE AND RESPECTFUL MANNER, TAKES PRIDE IN HIS WORK AND IS PROVEN TO BE AN EXTREMELY VALUABLE MEMBER OF THE WATER RESOURCE MANAGEMENT DEPARTMENT. FOR THESE REASONS AND MANY MORE AM PLEASED TO RECOMMEND COREY WALP FOR EMPLOYEE OF THE MONTH.

CONGRATULATIONS, AND THANKS. >> ♪

>> CONGRATULATIONS TO ALL OUR OUTSTANDING EMPLOYEES.

CONGRATULATIONS TO COREY WALP FOR BEING RECOGNIZED AS OUR EMPLOYEE OF THE MONTH, AND TO ALL OF OUR EMPLOYEES, THANK YOU FOR WHAT YOU DO. ESPECIALLY THIS TIME OF YEAR WHEN SO MANY OF US ARE ENJOYING TIME WITH OUR FAMILIES, MANY OF OUR TEAMS ARE OUT WORKING, MAKING SURE THE CITY CONTINUES TO RUN WELL WHILE WE ARE HAVING GOOD TIMES SO GETTING THE HOLIDAYS. I THANK ALL OF YOU FOR YOUR SACRIFICES AND EVERYTHING YOU DO FOR THE CITY. EARLIER TONIGHT AT THE COMMITTEE OF THE WHOLE IT WAS RECOMMENDED ELLIOT MACISAAC BE RECOMMENDED. REALLY

[00:05:10]

MAKE TONIGHT? >> I WOULD LIKE TO. I JUST WANT TO THANK MR. DAVIS AND HIS CREW FOR MAKING THE SENIOR CITIZENS THANKSGIVING THANKSGIVING DINNER ASSIST , AND THANK YOU , YOU ALWAYS HAVE EVERYTHING UP AND RUNNING, AND WE HAD A NICE CROWD, AND OF BUT HE REALLY ENJOYED THEMSELVES. AND I ALSO WANT TO SAY I AM NOT AN EAGLE FAN.

[5. AUBURN UNIVERSITY COMMUNICATIONS.]

>> THANK YOU, MISS TAYLOR, WE WERE CONFUSED.

>> I AM NOT.

>> ALL RIGHT, AUBURN UNIVERSITY COMMUNICATIONS.

>> THAT AFTERNOON , THANK YOU FOR HAVING ME. I WOULD LIKE TO START WITH SOME EXCITING NEWS . THE TOP FIVE CANDIDATES FOR MS. AUBURN HAVE BEEN ANNOUNCED BUT CONGRATULATIONS TO HIM NO PARTICULAR ORDER OF COURSE, ELLEN CONNELL, SOPHIE MARINO, RILEY PARKMAN, VERA SMITH, AND KENDALL ANDERSON. WE ARE LOOKING FORWARD TO SEEING THERE CAMPAIGNS AND LEARNING MORE ABOUT THEIR VISIONS FOR THIS IMPORTANT ROLE. OTHER UPDATES GOING CAMPING REGISTRATION FOR THE UPCOMING ELECTIONS CLOSED LAST NIGHT MARKING THE START OF PREPARATIONS FOR AN EXCITING SPRING ELECTION SEASON. THE FINAL SENATE AND CABINET MEETINGS OF THE SEMESTER ALSO TOOK PLACE YESTERDAY EVENING PASSED A RESOLUTION SUPPORTING CONSTRUCTION OF A NEW SIDEWALK ON NORTH DONAHUE DRIVE CONNECTING WEST GLEN AVENUE AND WEST MAGNOLIA AVENUE. THIS IS A BIG STEP TOWARDS IMPROVING PEDESTRIAN SAFETY AND ACCESSIBILITY IN THIS BUSY AREA, AND WE ARE EXCITED FOR THE CONTINUED PARTNERSHIP ON THAT ISSUE. THE 2024 FOOD DRIVE HAS WRAPPED UP FOR THE YEAR.

FOR THE PAST 31 YEARS AUBURN UNIVERSITY AND UNIVERSITY OF ALABAMA HAVE WORKED TOGETHER TO RAISE OVER 11 MILLION POUNDS OF FOOD FOR FAMILIES IN NEED ACROSS ALABAMA. THIS YEAR AUBURN CONTRIBUTED OVER 900,000 POUNDS OF FOOD RINGING THE TOTAL TO OVER 1.3 MILLION POUNDS STATEWIDE. REALLY PROUD OF THE WORK THEY HAVE BEEN DOING. LOOKING AHEAD WE HAVE RING NIGHT COMING UP THIS THURSDAY, A BELOVED AUBURN TRADITION, AND MEN'S BASKETBALL ARE NUMBER TWO, ON A ROLL, DUE TO PLAY TOMORROW AFTERNOON, EVERYONE IS REALLY EXCITED FOR

[00:10:02]

>> WE APPRECIATE YOUR DEDICATION AND WORK .

APPLAUSE ] >> I DON'T KNOW HOW LONG AGO THIS PARTICULAR PARTNERSHIP AND TRADITION STARTED ACTIVELY PARTICIPATING UM-- IN OUR CITY COUNCIL MEETING, I CANNOT TELL YOU -- I THINK IS JUST ONE OF THE MOST VALUABLE THINGS WE DO.

I THINK IT DRAWS A LINE THAT WE ARE TOGETHER IN THIS. WE LIVE IN THE SAME WORLD, WE MAY JUST STAY UP A LITTLE BIT AND GO TO BED AT DIFFERENT TIMES. OTHER THAN THAT WE ALL LOVE AUBURN IN OUR OWN WAY, AND OUR STUDENTS ARE VERY VERY IMPORTANT TO US, AND WE LOOK FORWARD TO THAT DISCUSSION ON FRIDAY.

CONGRATULATIONS. IF YOU NEED SOME HELP GETTING AROUND IN D.C., LET US KNOW. AT THIS TIME WE WILL OPEN UP FOR CITIZEN COMMENTS IF YOU WOULD LIKE TO SPEAK ON ANYTHING ON THE AGENDA THIS WOULD BE YOUR TIME TO COME FORWARD AND SPEAK WE WOULD ASK YOU WOULD GIVE YOUR NAME FOR THE RECORD. THERE ARE TWO ITEMS UNDER THE RESOLUTIONS THAT DO HAVE PUBLIC HEARINGS ATTACHED IF YOU WOULD LIKE TO SPEAK ON ONE OF THOSE TWO ITEMS PLEASE

[7. CITY MANAGER’S COMMUNICATIONS]

WE WILL CONTINUE TO MOVE AHEAD WITH CITY MANAGERS

COMMUNICATIONS. >> WE HAVE THE ANNOUNCEMENT OF

[8. CONSIDERATION OF CONSENT AGENDA.]

ELIGIBLE FOR REAPPOINTMENT. >> THANK YOU.

>> YOU READY FOR THE CONSENT AGENDA? ANY COUNCIL MEMBER WISH TO REMOVE AN ITEM FROM THE CONSENT AGENDA AND GUILT THAT

ITEM ORIGINALLY? >> I WOULD LIKE TO REMOVE ITEM

8B4 . >> YES SIR, I WOULD LIKE TO

REMOVE ITEM 8B2 . >> ANYONE ELSE? OKAY. WE WILL

GO WITH 8B2. >> AUTHORIZES A CONTRACT WITH CURALINC, LLC EMPLOYEE ASSISTANCE PROGRAM FOR $47,952.

>> MOTION TO APPROVE. >> I WAS LOOKING AT MENTION OF COUNSELING AND LEGAL SERVICES, SO THEY CAUGHT MY ATTENTION. I WAS WONDERING IF YOU COULD PROVIDE MORE DETAIL ON THIS , AND IT WOULD BE-- BACK I WILL HAVE A HUMAN RESOURCES DIRECTOR, LINDA, PROVIDE MORE DETAIL TO THE EMPLOYEE ASSISTANCE PROGRAM IS NORMAL FOR ALL MAJOR EMPLOYERS AND PROVIDE A LOT OF DIFFERENT UM-- ASSISTANCE THAT ARE AVAILABLE TO EMPLOYEES TO LIMITED TO NO COST. SO LINDA--

>> YES. YES, IT IS SHORT-TERM COUNSELING FOR EMPLOYING EMPLOYEE ASSISTANCE PROGRAM. FAMILY , WORK SAFETY, THEY HAD THEIR OWN BUT UTILIZE AS WELL. IF THERE WAS A SAD SCENE THEY WERE ON THAT THEY NEEDED HELP WITH THEY COULD CALL. IT PROVIDES SIX SHORT-TERM COUNSELING SESSIONS AND IF THEY NEED A REFERRAL AFTER THAT THEY WILL GO THROUGH OUR INSURANCE.

THERE IS ESSENTIALLY A WHISTLE IT CAN PROVIDE EMPLOYEES A FREE WILL IF THEY WOULD LIKE TO USE THAT, IT COVERS THE ONLY LEGAL.

IT IS WHETHER THROUGH A DIVORCE OR ANY LEGAL ADVICE THEY WANT THEY HAVE A 30-MINUTE SESSION AS FAR AS THE LEGAL PART GOES.

THE OTHER PART IS GETTING THE EMPLOYEES WHAT THEY NEED UM-- ON SHORT-TERM COUNSELING BASIS.

>> VERY GOOD. >> AND I WOULD LIKE TO CLARIFY THE $47,000 IS FOR THE THREE YEARS--

>> I WROTE IT WRONG. >> I APOLOGIZE .

[00:15:04]

>> ANY OTHER QUESTIONS OR COMMENTS? WE HAVE A MOTION TO SECOND ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSED? AND THAT

MOTION CARRIES. >> ITEM 8B4 AUTHORIZES THE PURCHASE OF TWO 2025 FORD F-150 SUPER CREW PICKUP TRUCKS AT

$95,586. >> THE VEHICLES ARE PLACED WILL BE RETAINED FOR OTHER USES, SO IN EFFECT THIS IS NOT REALLY A REPLACEMENT PURCHASE, BUT IT IS AN EXPANSION PURCHASE, AND THE BUDGET INDICATED REPLACEMENT AND ONE EXPANSION, SO AGAIN, I AM GENERALLY OPPOSED TO EXPANSION OF OUR FLEET, I THINK WE NEED TO MAKE MORE EFFICIENT USE OF THE FLEET , SO THAT IS SOMETHING I WOULD LIKE PEOPLE TO CONSIDER. THANK YOU.

>> ANY OTHER COMMENTS OR QUESTIONS? OKAY. WE HAVE A MOTION TO SECOND, ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSED?

>> NAY. >> AND THE MOTION CARRIES. IS THERE MOTION TO APPROVE THE BALANCE OF THE CONSENT AGENDA?

>> SECONDED. >> ALL IN FAVOR PLEASE SAY AYE.

[9. ORDINANCES.]

>> UNDER ORDINANCES, ITEM 9 A ADJUSTS THE CITY CODE TO NEW FLOODPLAIN DEVELOPMENT DEVELOPED BY FEMA IN COOPERATION WITH ALABAMA DEFERMENT OF WATER RESOURCE TO MEET OR EXCEED NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS.

THIS IS THE SECOND READING OF THIS ORDINANCE AND A MAIN MOTION IS STILL NEEDED FOR THIS ITEM.

>> I'LL MAKE A MOTION. >> SECOND.

>> WE HAVE A MOTION IN THE SECOND. WE DON'T NEED

UNANIMOUS CONSENT? >> NO, SECOND READING.

>> ANY COMMENTS OR QUESTIONS? >> THANK YOU, MR. MAYOR. SINCE I WAS THE ONE WHO POSTPONED THIS CONSENT AT THE LAST COUNCIL MEETING AND JUST WANTED TO PROVIDE A LITTLE MORE SUMMARY OF WHAT WE ARE DOING WITH THIS ORDINANCE. AND I JUST THOUGHT IT WOULD BE HELPFUL TO GIVE A LITTLE BACKGROUND ON THIS ORDINANCE, AND I'LL TELL YOU A LOT OF THIS WAS FOUND IN THE AUGUST 2024 EDITION OF THE OPEN LINE THAT COMES WITH YOUR WATER BILL, SO YOU CAN FIND A LOT OF THIS INFORMATION HELPFUL REGARDING FLOOD INSURANCE AND DIFFERENT FLOODPLAIN DEVELOPMENT ACTIVITIES THAT HAPPEN WITHIN AUBURN CITY OF AUBURN CLUB OF THE CITY OF AUBURN HAS BEEN A MEMBER OF THE NFIP SINCE 2014. IN THE CITY OF AUBURN RECEIVED A CLASS 8 SCORE ON OUR GRADING SYSTEM APPLICATION IN 2014 WHICH PRIMARILY BENEFITS THE CITIZENS OF AUBURN BY GIVING THEM A 10% DISCOUNT ON FLOOD INSURANCE. SO THE NATIONAL FLOOD INSURANCE PROGRAM, NFIP, PROVIDES FLOOD INSURANCE TO PROPERTY OWNERS, RENTERS, AND BUSINESSES. THE NFIP WORKS WITH COMMUNITIES REQUIRED TO ADOPT AND ENFORCE FLOODPLAIN REGULATIONS THAT HELP MITIGATE FLOODING EFFECTS . THE NFIP IS MANAGED BY FEMA, IT'S A PARTNERSHIP BETWEEN THE FEDERAL GOVERNMENT , PROPERTY-CASUALTY INSURANCE INDUSTRY, STATE AND LOCAL OFFICIALS, LENDING INSTITUTIONS AND PROPERTY OWNERS IN FLOOD INSURANCE IS AVAILABLE TO ANYONE LIVING IN ONE OF THE ALMOST 23,000 PARTICIPATING NFIP COMMUNITIES. THEY OFFER DIRECT POLICIES THROUGH THEIR WEBSITE IN ADDITION TO POLICIES THROUGH THE PRIVATE SECTOR. INSURANCE COMPANIES. UM-- SO , I WANTED TO SPEAK TO WHAT WE ARE DOING WITH THIS TONIGHT JUST TO CLARIFY A LITTLE BIT OF THAT. SO WE ARE UPDATING THE FLOODPLAIN DEVELOPMENT ORDINANCE TO BE COMPLIANT WITH THE NEW STATE MODEL FLOODPLAIN DEVELOPMENT ORDINANCE. SO FEMA AND THE STATE DEPARTMENT OFFICE OF WATER RESOURCES COMPLETED FINAL REVISIONS TO THE STATE MODEL FLOODPLAIN ORDINANCE, AND WE ARE ADOPTING THAT MODEL ORDINANCE IN ORDER TO MEET OR EXCEED FEMA'S CRITERIA FOR NFIP COMMUNITIES. SO THIS IS AN UPDATE THAT'S REQUIRED BY FEMA . SO TO MAINTAIN OUR PARTICIPATION IN THE NFIP PROGRAM. SO, WE HAVE AN ORDINANCE NOW, WE ARE PROVIDING AN UPDATE. I WOULD LIKE TO ASK THE CITY MANAGER FOR PERSONAL CLARIFICATION ON WHAT HAS CHANGED BETWEEN WHAT IS EXISTING AND WHAT WE ARE UPDATING WITH THIS POLICY OR THIS ORDINANCE, AND ALSO WHY

ARE WE DEBATING THIS POLICY? >> TO GIVE YOU A LITTLE BIT OF WHY, WE RECEIVED EMAIL REQUESTING WE DO THIS FOR THE

[00:20:01]

>> AND PERIODICALLY THE STATE'S RECORDS LOOKING AT LOCAL ORDINANCES WERE UPDATED CAME TO THEIR ATTENTION THAT WE WERE PAST DUE AND NEEDED TO COME TO COMPLAINTS OF FEMA'S NATIONAL STANDARDS AS YOU MENTIONED PREVIOUSLY, SO A LOT OF WHAT HAS REALLY CHANGED IN HERE IS SOME NAMING REFERENCES, AND FORMATTING AND THINGS OF THAT NATURE. THERE IS NO SIGNIFICANT CHANGE TO THE ORDINANCE ITSELF FROM THAT STANDPOINT. UM-- WE RECEIVED THE MODEL ORDINANCE WE HAVE BASICALLY REITERATED THAT MODEL ORDINANCE WITH OUR LOCAL YOU KNOW, REFERENCES TO OUR GOVERNMENT, THE CITY OF AUBURN, LEE COUNTY, SO FORTH. AND REMITTED THAT TO THEM, AND IT TOOK YOU KNOW UNTIL WE REMITTED IT IN JANUARY AND GOT COMMENTS BACK IN OCTOBER, SO IN ESSENCE WE TURNED THAT AROUND TO USE AS

QUICKLY AS WE COULD . >> SO THERE IS NO SIGNIFICANT CHANGES TO IT, AND THIS IS JUST AN INSURANCE THING. DOESN'T HAVE TO DO WITH ANY TYPE OF FLOOD ZONE THAT YOU ARE IN OR DESIGNATING THAT THEREOF. THIS IS JUST THE MODEL ORDINANCE THAT DEALS WITH PEOPLE WHO ARE IN THE FLOODPLAIN, WHICH THE CITY DOES NOT CHOOSE, THAT IS ALSO A FEMA FUNCTION.

>> TO ADD TO THAT THOSE PROCESSES HAVE RUN PARALLEL IN THIS PARTICULAR MANNER AND THE FLOODPLAIN IS BEING UPDATED, BUT THE PROCESS STARTED IN 2022, AND DURING THAT AUDIT THEY DETERMINED WE NEEDED TO UPDATE THE FLOODPLAIN

ORDINANCE. >> THIS WAS NOT PRECIPITATED BY ANY SPECIFIC PROJECT OR ANYTHING THAT WAS GOING ON? THIS IS A REGULAR CHANGE THAT IS SCHEDULED TO ASSERT --

PROPOSED. >> CORRECT. THEIR INITIAL COMMUNICATION TO US IN AUGUST, 2023, THIS WAS SUPPOSED TO HAVE BEEN UPDATED BY FEBRUARY, 2024 THIS YEAR. SO WITH THE DELAY IN THEM RESPONDING TO US, THEN YOU KNOW, WE NEED TO GET THIS TURNED AROUND AS QUICKLY AS POSSIBLE.

>> HAS THERE BEEN ANY GAP IN LIKE INSURANCE COVERAGE--

>> NOT THAT WE ARE AWARE OF, AND THIS IS ALSO BECAUSE OF COUNCILMEN SPOKE OF THE DISCOUNT RATE BECAUSE OF COMPLIANCE WITH THIS, AND SO THAT IS WHERE IT STANDS, BUT IT IS UNILATERALLY APPLIED CITYWIDE. THIS IS AN ORDINANCE FOR THE CITY OF ANYONE IN A FLOODPLAIN AS DEEMED BY FEMA.

THE CITY ENGINEER BY THIS ORDINANCE IS THE ADMINISTRATOR OF THE FLOODPLAIN, AND THAT IS BECAUSE SOMEBODY HAS TO BE THE FLOODPLAIN ADMINISTRATOR, AND IN THESE DEFINITIONS IT EQUALS

THE CITY ENGINEER. >> SO OBVIOUSLY WE HAVE TALKED ABOUT THE INSURANCE BENEFIT. WHAT OTHER BENEFITS DO WE GET FROM BEING NFIP PARTICIPATING COMMUNITY ?

>> I THINK THAT IS THE MAIN THING IS TO PROTECT OUR CITIZENS OR BUSINESSES IN FLOOD PRONE AREAS TO BE AFFORDED THEIR PROTECTION. THOSE BENEFITING ARE FROM THE RECENT HURRICANES, AND I AM SEEING THAT REFERENCED IN ARTICLES

THIS MORNING. >> BY PARTICIPATING HAVING THIS ORDINANCE IN PLACE DOES IT HELP MITIGATE FLOOD RISK IN OUR COMMUNITY BY WHICH WE REGULATE WITHIN THE FLOODPLAIN?

>> TO SOME DEGREE IT DOES SPEAK TO WHAT YOU CAN AND CAN'T DO WITHIN THE FLOODPLAIN IT SPEAKS TO WAYS TO MITIGATE THAT PROCESS TO APPEAL UM-- FLOOD ZONES WITHIN ON A PARTICULAR PROPERTY, SO IT DOES ADDRESS THOSE MATTERS SPECIFICALLY, BUT THOSE AGAIN ARE FEMA 'S REQUIREMENTS, THEY ARE NOT NECESSARILY HOURS TO ENFORCE. WE MAKE SURE IF ANYBODY IS PROPOSING TO DO SOMETHING IN THE FLOODPLAIN THEY HAVE GOING THROUGH THOSE PROCESSES WITH FEMA TO GET THE RELEASE AND WE REQUIRE THOSE LETTERS FROM FEMA AND THE STATE OFFICE WATER RESOURCES TO PROVIDE THAT TO US IF SOMEONE IS PROPOSING TO DO SOMETHING IN OR AROUND THE FLOODPLAIN.

[00:25:03]

>> OKAY. >> DO YOU HAVE IT ACCESSED TO BETTER FEDERAL ASSISTANCE OR ANY, I MEAN OBVIOUSLY THE FLOOD INSURANCE, BUT IS IT FULL TO BE PART OF THE NFIP, BECAUSE OF THE MORE WE ARE COMPLYING MORE WITH MORE OF THEIR STOPS AND BETTER ACCESS BETTER RATES ON INSURANCE AND WHATNOT IF--

>> RIGHT, ABSOLUTELY IT IS. >> LIKE I SAID I WANTED TO REITERATE UPDATING WHAT OUR EXISTING ORDINANCE IS OR COMING TO THE STATE MODEL ORDINANCE THAT FEMA AND THE STATE DEPARTMENT OFFICE OF WATER RESOURCES HAVE PROPOSED , AND SO I THINK THIS IS A GREAT BENEFIT TO OUR CITIZENS WITH THE DISCOUNT IS PROVIDED, AND I THINK THAT IS SOMETHING WE OUGHT TO MOVE FORWARD WITH TONIGHT.

>> IF WE DON'T UPDATE THIS ORDINANCE WE DON'T PARTICIPATE

IN NFIP? >> NFIP OR THE DISCOUNT-- BACK IF WE DON'T UPDATE ORDINANCE OUR BENEFITS WILL BE SUSPENDED

UNTIL SUCH TIME AS WE DO. >> AND THE CITIZEN BENEFITS

WOULD GO AWAY CORRECT? >> YES.

>> THANK YOU. >> ANY OTHER QUESTIONS,

COMMENTS? >> I WE HAVE A MOTION, SECOND,

ROLLCALL? >> NO PUBLIC HEARING, MAYOR.

THERE IS NO PUBLIC HEARING. >> YEAH. WE ARE ABOUT TO VOTE

ON IT RIGHT NOW. ROLLCALL. >>

[10.a. Conditional use approval. Cherokee Road MUD Townhomes. 8-unit multi-family (townhomes) development. Property located at the terminus of Cherokee Road. Postponed at the November 19, 2024, Council meeting. Planning Commission Recommendation. Public hearing required.]

>> UNDER RESOLUTIONS ITEM 10 A IS A REQUEST FOR EIGHT MULTIUNIT DEVELOPMENT LOCATED AT SOUTHERN TERMINUS OF CHEROKEE ROAD DISTRICT ZONING HOUND DISTRICT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS REQUEST BY A VOTE OF 4-3. NOVEMBER 14TH MEETING. ITEM WAS POSTPONED AT THE NOVEMBER 19 CITY COUNCIL MEETING. A MAIN MOTION IS STILL NEEDED FOR THIS ITEM, AND THE PUBLIC HEARING IS REQUIRED.

>> THE VOTE FOR APPROVAL. >> SECOND.

>> I HAVE A MOTION AND A SECOND. BEFORE WE OPEN THE PUBLIC HEARING, UM-- AT THE PLEASURE OF THE COUNCIL I WOULD LIKE TO ASK THE DEVELOPERS REPRESENTING TO COME FORWARD AND MAKE A FEW COMMENTS AND ANSWER SOME QUESTIONS IF EVERYBODY IS OKAY WITH STARTING THAT WAY, ALL RIGHT?

>> GOOD EVENING . THANK YOU FOR HAVING ME. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. I CAN GIVE A QUICK RUNDOWN OF THE HISTORY OF HOW THIS PROPOSED PROJECT GOT HERE UM-- MY CLIENT TO TELL YOU THE TRUTH I CAN'T EXPLAIN HOW WE ENDED UP WITH THE PROPERTY. I AM NOT REALLY SURE , BUT HE DOES OWN A PIECE OF PROPERTY THAT IS IN THIS LOCATION WITH DEVELOPMENT DISTRICT HOUSING ZONING, AND HAS LOOKED AT MULTIPLE WAYS TO DEVELOP THIS PROPERTY. AND IT'S A CHALLENGING PIECE.

METRICALLY IDLY SHAPED ACCESS IT OFF OF CHEROKEE DRIVE YOU HAVE GOT TO CROSS A FAIRLY SIGNIFICANT STREAM UM-- IT HAS AN EXISTING OLD DEDICATED PUBLIC RIGHT-OF-WAY ON IT THAT WOULD HAVE TO BE VACATED AS WELL THAT DOES NOT GO ANYWHERE, SO THERE ARE A LOT OF PIECES TO THE PUZZLE AS WE PUT IT TOGETHER. FIRST AND FOREMOST WITH WHAT WAS LOOKED AT WAS A SINGLE-FAMILY DETACHED SUBDIVISION . I BELIEVE WE CAN GET FIVE OR SIX HOMES ON THIS PIECE OF PROPERTY BY EXTENDING CHEROKEE DRIVE AND CREATING A CUL-DE-SAC AND HOMES AROUND IT.

WHEN WE LOOKED AT IT THAT WAS NOT OVERLY ATTRACTIVE FOR A NUMBER OF DIFFERENT REASONS UM-- ONE IS THE GEOMETRY OF THE PROPERTY IS , IF ANYONE HAS BEEN TO A CUL-DE-SAC AND YOU SEE HOW UM-- THOSE LOTS ARE PIE SHAPED AND BECOME VERY DEEP VERY QUICKLY IN ORDER TO MAKE USE OF THE LIMITED ROAD FRONTAGE AROUND A CUL-DE-SAC TO GET YOUR LIGHTS IN, BUT WHEN YOU DO THAT IF ANYONE HAS EVER NOTICED THOSE HOUSES ARE USUALLY PUSHED FURTHER BACK FROM THE BACK OF THE CURB, EDGE OF PAVEMENT, THEN THEY ARE AROUND THE REST OF THE STREET DUE TO THE WITH CHALLENGES IN A CUL-DE-SAC BLOCK. WHEN IT HAPPENS YOU ARE ESSENTIALLY JUST PUSHING THE DEVELOPMENT FURTHER BACK. AND WHILE TALKING TO CITY STAFF ABOUT DIFFERENT OPTIONS THE IDEA WAS PUT FORTH BY THE DEVELOPER, AND WHAT IF WE PULLED THAT DEVELOPMENT IN AND BROUGHT IT DOWN TO A

[00:30:05]

>> THINK THANK YOU FOR YOUR EXPLANATION. ANYONE HAVE

QUESTIONS FOR MR. GRISWOLD? >> THANK YOU, MR. RICE, I APPRECIATE IT. I'VE HAD A LOT OF INPUT FROM CITIZENS, THE 20+ MORE, WE CAN TALK ABOUT THAT LATER WHEN WE START DELIBERATIONS, BUT IS IT FAIR TO SAY IT HAS COME DOWN TO A CHOICE BETWEEN TOWNHOMES THAT HAVE MORE GREEN SPACE SURROUNDING IT ON THE PIECE OF PROPERTY, OR SINGLE-FAMILY LOTS THAT WOULD ELIMINATE A GREAT DEAL OF THE TREES AND VEGETATION, IS THAT -- BACK THAT'S A VERY FAIR ASSESSMENT.

>> OKAY. SO, IN REGARDS, REGARDLESS OF WHICH APPROACH IS TAKEN, IF THIS IS APPROVED OR NOT, CONSTRUCT AND TRAFFIC WILL BE SIMILAR REGARDLESS? THAT WILL BE COMING IN ON CHEROKEE?

>> FROM A VOLUME STANDPOINT IT WOULD BE VERY VERY SIMILAR , THE HEAVY CONSTRUCTION TRAFFIC WOULD BE IDENTICAL. THE VERTICAL INSTRUCTION TRAFFIC WOULD BE VERY SIMILAR IF IT WAS SINGLE-FAMILY , THE DURATION WOULD BE LONGER, BECAUSE IT WILL TAKE LONGER TO BUILD OUT THOSE SINGLE-FAMILY HOMES. IF YOU DO A TOWNHOME STYLE DEVELOPMENT, YOU WILL BUILD THEM ALL AT ONE TIME. SO AS FAR AS VOLUME, YES, THEY WOULD BE SIMILAR DURATION. SOME SINGLE-FAMILY WOULD BE LONGER.

>> THERE HAVE BEEN CONCERNS THAT TRAFFIC AT CHEROKEE AND SHELTON MILL. THE TOWNHOMES WOULD GENERATE TWO TO THREE PEOPLE PER UNIT WHERE A SINGLE-FAMILY PROPERTY WOULD GENERATE WE DON'T REALLY KNOW HOW MUCH.

>> IT'S GOING TO BE SIMILAR. >> SIMILAR IN TERMS OF TRAFFIC

INPUT. >> WITH THE ADDITION OF TWO UNITS , POSSIBLY THREE UNITS TO GO FROM FIVE TO SIX SINGLE-FAMILY HOMES TO EIGHT FAMILY TOWNHOMES I WOULD SAY IT WOULD BE VERY SIMILAR, BECAUSE THE TOWNHOMES WOULD BE GEARED TOWARD PROFESSIONALS I WOULD ASSUME THAT YOU WOULD GET A COUPLE OF THOSE UNITS THAT WERE SINGLE OCCUPANT UM-- WHEREAS SINGLE-FAMILY YOU WOULD HAVE SINGLE FAMILIES IN THERE. SO I WOULD THINK THAT AT THE END OF THE DAY THE TRAFFIC COUNT WOULD

BE ALMOST IDENTICAL. >> YOU MENTIONED THAT YOUR TARGET AUDIENCE IS PROFESSIONALS BUT NOTHING TO PREVENT STUDENTS FROM OCCUPYING THE TOWNHOMES OR THE SINGLE-FAMILY HOMES REGARDLESS OF WHAT IS GOING IN THERE?

>> CORRECT. AS LONG AS THEY MEET THE FAMILY DEFINITION DD H ISN'T A LOT I MEAN IS REQUIRED TO MEET THE FAMILY DEFINITION, BUT AS LONG AS THEY MEET THAT STUDENTS CAN RENT ANYWHERE IN

THE CITY OF AUBURN. >> OKAY. AND ONE OTHER CONCERN PEOPLE HAVE BROUGHT TO MY ATTENTION IS THE OCCASIONAL FLOODING ON THIS LOT THAT IMPACT SOME OTHER HOMES ON CHEROKEE AND ON-- ATTRIBUTED FROM WHAT I UNDERSTAND FROM THE CITY, IS THAT THAT IS DUE TO BLOCKAGE OF THE STREAM . YOU

[00:35:04]

>> YOU WILL. I PERSONALLY HAVE LOOKED AT YOU KNOW, PORTIONS OF THE STREAMBED, AND IT IS NOT MAINTAINED AS MUCH AS YOU WOULD HOPE TO READ AND IT'S BEEN SITTING THERE VACANT FOR A LONG PERIOD OF TIME. AND THERE IS SOME SIGNIFICANT BLOCKAGE EXISTING IN THAT STREAMBED. THERE IS NO FLOODPLAIN IN THIS AREA, SO I WOULD VENTURE TO SAY THAT IT IS ALL IF THEY STREAM ITSELF IT WAS CLEANED THAT YOU WOULD SEE SIGNIFICANTLY LESS WATER ISSUES, BUT WE WILL HAVE TO DEAL WITH THAT ONE WAY OR

THE OTHER. >> AS FAR AS YOU KNOW THERE IS NOTHING DESIGNATED AS WETLANDS ON THIS PROPERTY?

>> NO. >> OKAY. OKAY, THANK YOU VERY MUCH. YOU MIGHT HAVE MORE QUESTIONS AFTER CITIZEN INPUT

AND DELIBERATION WHATNOT. >> ANYONE ELSE ON THE COUNCIL

HAVE QUESTIONS? >> THIS MAY BE REPEATING COUNCILMAN GRISWOLD'S QUESTION IN PART, BUT IS THERE A DIFFERENCE IN THE IMPACT UM-- ON THE TREES FOR THE SIX VERSES

THAT EIGHT DWELLINGS? >> YES SIR, VERY MUCH SO. UM-- IF YOU LOOK AT THE LAYOUT THAT IS ON THE SCREEN YOU CAN SEE BEHIND THE TOWNHOME UNITS, YOU WILL END UP WITH A 30-FOOT AREA THAT IS CLEARED FOR BACKYARDS AND TO TIE IN GRADING SLOPES.

AND THE PROPOSAL IS TO LEAD THAT WHOLE END CORNER OF THAT TRIANGLE UNDISTURBED . IF YOU PUSH A SINGLE-FAMILY CUL-DE-SAC INTO THERE THE CUL-DE-SAC ITSELF WILL BE CENTERED ABOUT WHERE THE PARKING LOT ISLAND IS RIGHT IN THE MIDDLE OF THE PARKING LOT. THAT WOULD BE THE CENTER OF THAT CUL-DE-SAC , AND THAT LOTS WOULD HALF TO GO ALL THE WAY AROUND IT, SO IN ORDER TO FIT THOSE LOTS IN THERE YOU WILL HAVE TO PUSH THE HOUSES FURTHER AND FARTHER BACK, SO YOU WILL ESSENTIALLY BE PUSHING THE HOUSES AS FAR BACK AS POSSIBLE TO GAIN THE MAXIMUM NUMBER OF LOTS AROUND THAT CUL-DE-SAC , WHICH WILL NECESSITATE ESSENTIALLY A COMPLETE CLEARCUTTING OF ANYTHING THAT IS NOT PROTECTED BY THE STREAM BUFFER.

>> AND ONE OTHER QUESTION IF I MAY. YOU MENTIONED SOMETHING THAT I HAD READ ABOUT OR THOUGHT ABOUT-- YOU SAID THE ACCESS ROAD COMING IN, CHEROKEE, WOULD BE PRIVATE OR

PUBLIC? >> IN THE TOWNHOME PROPOSAL IT WOULD BE PRIVATE ONCE IT LEAVES THE EXISTING CHEROKEE

RIGHT-OF-WAY. >> UP TO THE PARKING LOT IT

WOULD BE PRIVATE BETWEEN-- >> ONCE IT ENTERS THE PROPERTY ITSELF IT WOULD BE PRIVATE THROUGHOUT THE ENTIRETY OF THE

PROPERTY. >> AND WHO WOULD MAINTAINED

THAT ACTUALLY? >> HOMEOWNERS ASSOCIATION.

>> OKAY. >> FOR HOUSES IT WOULD BE--

>> IT WOULD BE PUBLIC THROUGHOUT. YOU WOULD EXTEND THE PUBLIC RIGHT-OF-WAY FROM CHEROKEE UP AND SURROUND THE CUL-DE-SACS. SO IT WOULD BE 100% PUBLIC INFRASTRUCTURE.

>> ANY OTHER QUESTIONS? >> I HAVE A QUESTION FOR MEGAN.

BLAKE . >> YEAH, THANK YOU MY BLAKE.

DID YOU CALL YOU BACK UP IF WE NEED YOU. THANK YOU.

>> MEGAN CAN YOU EXPAND ON THE CITY'S POLICY ON TREE

REPLACEMENT OR TREE COVER? >> I WILL HAVE TO GET TO GET SOME ASSISTANCE, BUT GENERALLY SPEAKING WE DON'T HAVE AN ORDINANCE THAT SPEAKS TO TREE CLEARING AT ALL OTHER THAN YOU HAVE TO GET PERMITTING FOR LARGER LOTS TO CLEAR AND SO ON, IF YOU ARE IN YOUR OWN HOME YOU CAN CUT ALL THE TREES YOU WANT ON YOUR PROPERTY IN YOUR YARD IN THE CITY HAS NOTHING TO SAY ABOUT IT. IF YOU ARE A BUSINESS OR TRIGGER SOMETHING IN OUR ZONING ORDINANCE ON A HOME, TOWNHOME OR WHATEVER THAT REQUIRES LANDSCAPING PER THE ZONING ORDINANCE NOTHING KEEPS YOU FROM CUTTING IT DOWN, BUT YOU HAVE TO HAVE X AMOUNT OF PLANT MATERIAL, INCHES, AND SHRUBBERY ON YOUR PROPERTY PER THE ZONING ORDINANCE. I'M NOT REFERRING TO CUTTING IN WETLANDS ARE OTHER THINGS THAT ARE REGULATED DIFFERENTLY, BUT FOR THE MOST PART , THERE IS NO REGULATORY ITEM THAT KEEPS ANYBODY FROM CLEARING PROPERTY. THEY DO HAVE TO FOLLOW TIMBERING PLANS AMONG OTHER THINGS DEPENDING ON SIZE OF PROPERTY. BUT THERE ISN'T SOMETHING WHERE THE STAFF GETS TURNED AROUND THAT SAYS YOU CAN'T CUT THOSE TREES DOWN.

>> THANK YOU. >> ONE OTHER THING. THERE WAS A MENTION OF TRAFFIC, AND I THOUGHT JUST FOR THE SAKE OF CLARITY I WILL HAVE OUR INTERIM CITY ENGINEER AND TRAFFIC ENGINEER EXPLAINED THE TRIP DIFFERENTIAL BETWEEN THE TOWNHOUSE AND SINGLE-FAMILY HOME.

>> YOU WERE DETERMINED TO PUT ME ON THE SPOT TONIGHT.

[00:40:03]

>> YOU NEED IT, WELCOME. >> TOWNHOUSES HAVE A SLIGHTLY LOWER GENERATION THAN SINGLE FAMILIES, SO THE TOWNHOUSES WILL HAVE SLIGHTLY LESS IMPACT THAN THE SINGLE-FAMILY.

>> SO YOU LOOK AT IT AND THE GENERAL RULE OF THUMB IS SEVEN TRIPS PER DAY OUT OF THE TOWNHOUSE, 10 OUT OF A SINGLE-FAMILY HOUSE. THAT IS JUST THE MANUAL STANDARD. SO DEPENDING ON HOW YOU SLICE AND DICE IT IT'S 56 TOWNHOUSES COULD BE 60 AS SIX HOUSES OR 50 AS FIVE HOUSES THERE TRIPS TODAY. THIS IS JUST THERE'S A LOT OF DISCUSSION ABOUT TRAFFIC GENERATED BY THEM THEMSELVES, AND AS A RULE OF THUMB I WANTED YOU TO HAVE AWARENESS FOR THE CITIZENS WHO ARE HERE THAT WANT TO SPEAK TO THIS THAT THEY HAVE AWARENESS OF WHAT THAT LOOKS LIKE, WHICH MEANS THEY ARE VIRTUALLY THE SAME DEPENDING ON

WHICH UNIT COUNT YOU GO WITH. >> IF THESE WERE SIMPLE LOTS AND TOWNHOMES WITH THIS REQUIRE CONDITIONAL USE?

>> YES THAT'S CORRECT. >> THANK YOU.

>> MEGAN, CAN YOU TALK TO THIS BEING ZONE DDH? HOW LONG HAS IT BEEN ZONE DDH ? AND MAYBE SOME OF THE REASONING BEHIND THAT?

>> I ALWAYS LOVE TO REFER TO THE 1984 ZONING MAP TO BE SURE I AM NOT MISSING ANYTHING. THE ZONING ORDINANCE WAS CREATED IN 1984, AND THE PROPERTY HAS BEEN DISTRICT OF HOUSING SINCE 1984.

PARCELS LIKE THIS WERE CREATED AS A BUFFER ZONE BETWEEN WHAT WE USE TO CALLED VELTMAN DISTRICT WHICH IS NOT COMPREHENSIVE DEVELOPMENT DISTRICT AND OR REDEVELOPMENT DISTRICT. 400-FOOT STRIPS THAT RUN AROUND THE CITIES IN THESE ZONE OF DDH. DDH HAS THE SAME AMOUNT OF OCCUPANCY ALLOWED, WHICH IS THE FAMILY DEFINITION APPLIES NO MORE THAN TWO UNRELATED UM-- THAT APPLIES, BUT DDH HAS A TAD MORE FLEXIBILITY TO ALLOW THINGS LIKE TOWNHOMES, BECAUSE IT'S CONSIDERED A BIT OF A TRANSITION AREA, BUT IT'S BEEN NOTHING HAS CHANGED ABOUT THIS ZONING SINCE THIS ZONING

ORDINANCE WAS ADOPTED IN 1984. >> SINCE 1984, MEGAN, THE DEVELOPMENT THAT HAS OCCURRED HERE IS NOT PERIMETER THE PARCEL IS SINGLE-FAMILY HOMES CORRECT?

>> AS FAR AS I KNOW YES IT IS.

>> YEP. >> THE SOUTH IS MULTI FAMILY --

>> THERE IS A LITTLE BIT SOUTH AND TO THE WEST I WOULD SAY--

>> JUST KIND OF ALONG -- >> AROUND THE PERIMETER.

>> CORRECT. >> ALL RIGHT MANY OF THE

QUESTIONS FOR THE STAFF? >> OKAY, AT THIS TIME WE WILL OPEN THE PUBLIC HEARING, IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL IN THIS WE ASK YOU WILL COME FORWARD AND SHARE YOUR NAME AND ADDRESS FOR THE RECORD, YOU WILL HAVE FIVE MINUTES TO SPEAK TO CITY COUNCIL.

>> BRAD PRATER, 314 TELEHEALTH DRIVE AUBURN, ALABAMA. COUNCIL MEMBERS, THANK YOU FOR THE OPPORTUNITY TO PROVIDE SOME COMMENTARY PROPOSE CONDITIONAL USE PERMIT OUR NORTHEAST CORNER OF THE PROPOSED DEVELOPMENT, I WANTED TO OUTLINE A FEW REASONS WHY WE DISAGREE WITH THIS CONDITIONAL USE PERMIT. FIRST OF ALL ADMINISTRATIVE IRREGULARITIES WANTED TO BRING TO THE COUNCIL'S ATTENTION ADVERTISEMENTS ADJACENT PROPERTY OWNERS RECEIVED AS WELL AS REQUIRED ADVERTISEMENT AUBURN VILLAGE NEWSPAPER FOR THE PUBLIC HEARING OF THIS CONDITIONAL USE PERMIT DURING THE PLANNING COMMISSION HEARING THE LETTER WE RECEIVED CLEARLY IDENTIFIED THE CUP AS TOWNHOUSE DEVELOPMENT SUBSEQUENT DOCUMENTS RELEASED FOR PLANNING COMMISSION IDENTIFIED CUP AS MULTIUNIT DEVELOPMENT. CITY ORDINANCE CLEARED THERE ARE TWO DISTINCT USES AT BEST THIS IS AN ADMINISTERED OF OVERSIGHT THAT SHOULD REQUIRE FREE ADVERTISEMENT AND REHEARING OF THE COMMISSION LEVEL AND AT BEST IS BAIT AND SWITCH TACTIC. DURING PLANNING COMMISSION VIDEO YOU CAN HEAR STAFF SAY THAT AT THIS POINT HE WOULDN'T KNOW IF THIS WAS GOING TO SUBDIVIDE OR NOT, WHICH IS INCORRECT. THESE ARE KIND OF DEFINING CHARACTERISTICS OF THE TOWNHOMES WITHIN OUR ZONING ORDINANCES THAT IS A SUBDIVIDED SIMPLE OWNERSHIP OF INDIVIDUAL INDIVIDUAL LOT ENTITY CAN SET ON A SINGLE LOT. PERMIT NONTRANSFERABLE, SO IT'S ONLY GRANTED FOR A SINGLE USE CAN'T BE TRANSMITTED TO AN ALTERNATE USE, SO THEY CAN'T SAY THEY ARE DOING TOWNHOMES AND THEN PUT IN A MULTIUNIT DEVELOPMENT. THAT WOULD BE INAPPROPRIATE TO ALLOW THIS. IT WOULD BE SIMILAR TO ALLOWING A NATURE AND WILDLIFE PRESERVE ALSO CONDITIONAL USE PERMIT WITHIN DDH ZONING DISTRICT, AND THEN DISCUSS A GOLF COURSE ALSO IN CONDITIONAL USE PERMIT WITHIN THE DDH ZONING DISTRICT.

[00:45:02]

PROPOSED ACCESS . >> THANK YOU. WHO WILL BE NEXT?

>> JOHN COCHRAN, 878 CHEROKEE . WE ARE ON THE CORNER OF THE PROPERTY WHERE IT TOUCHES -- I KNOW Y'ALL READ ALL THE LETTERS AND EVERYTHING I AM SURE. AND WE ARE HERE, BECAUSE ONE VOTE SHORT IN THE PLANNING MISSION, YOU KNOW, REFERRED US TO THREE PEOPLE THERE UNDERSTOOD AND I THINK IT WAS PHIL THAT SAID SOMETHING ABOUT THIS JUST DIDN'T SEEM RIGHT.

AND I AGREE WITH HIM. THE CONDITIONAL USE FOR THIS PROPERTY IS EXACTLY THAT. IT IS CONDITIONAL. IT'S A SPECIAL PRIVILEGE TO USE THAT IN A DDH. READING THE ZONING ORDINANCE DESCRIBED IN DDH IT HAS A PRIMARY PURPOSE , AND THEN A SPECIAL USE PURPOSE OKAY? THAT IS CLEAR. IT IS CLEARLY STATED, THE PRIMARY PURPOSE IS CONVENTIONAL RESIDENCIES , AND THEN SPECIAL PERMISSION, SPECIAL YOU COULD DO THESE OTHER THINGS LIKE A PERFORMANCE HOUSE, LIKE THE TOWNHOUSE OKAY? THAT'S NOT A SECONDARY USE , IT'S SPECIAL. IT HAS TO BE SPECIAL NEEDS FOR THEM TO DO IT. HAS TO HAVE SPECIAL PERMISSION FOR THEM TO GRANT IT BASICALLY THEY SAY LOOK AT THIS. AND THE PART WHERE THEY SEND THE PAPERWORK AND SKIP

[00:50:01]

I MEAN IT'S SURROUNDED. THERE IS YOU KNOW NOT ANYTHING ELSE THERE. THE TOWNHOMES I LIVE NEXT TO THEM. I HEAR ABOUT CUTTING THIS CUTTING THAT WE ALL KNOW THE USE TRAFFIC PEOPLE WISE GOING TO BE SIMILAR BETWEEN SIX HOUSES, FIVE HOUSES, WHATEVER THEY CAN GET IN THIS TOWNHOUSE. THE TOWNHOUSE IT JUST DOESN'T BELONG THERE. IT'S OUT OF PLACE. THAT IS PRETTY MUCH IT SIMPLE. IT LOWERS MY PROPERTY VALUE, IT'S OUT OF PLACE, IT DOESN'T BELONG. AND I WOULD APPRECIATE IF Y'ALL WOULD DENY THIS. LET THEM TURN INTO CONVENTIONAL SUBDIVISION, I AM NOT AGAINST THAT. THEY DO HAVE SOME CHALLENGES WITH THE STREAM BUFFER, I DON'T THINK IT'S BIG ENOUGH TO GET THE 70-FOOT DESTINATION. I THINK IT DRAINS OVER 100 ACRES, SO IT WILL PROBABLY BE 50-FOOT OR SOMETHING LIKE THAT, 40 FOOT. THEY WILL HAVE TO DEAL WITH THAT, THEY CAN GET A FEW LOTS IN THERE AND KEEP YOU KNOW, THEY DON'T HAVE TO CLEAR-CUT. CLEAR-CUT IS A RELATIVELY NEW THING IN BUILDING SUBDIVISIONS. WE ALL LIVE IN DRIVE-THROUGH CARRIE WOODS, DRIVE THROUGH OUR NEIGHBORHOOD, THEY DIDN'T CLEAR-CUT THOSE NEIGHBORHOODS WHEN THEY PUT THOSE HOUSES IN THERE. I HAVE HAD TO SPEND SEVERAL THOUSAND DOLLARS CLEARING TREES, BECAUSE THEY DIDN'T CUT ENOUGH. YOU KNOW, SO TO SAY YOU HAVE TO DO THAT IS TOTAL-- AND YOU KNOW, WE JUST NEED TO THROW THAT OUT. IT'S A CHOICE THE DEVELOPER IS MAKING TO INCREASE THEIR REVENUE AND THEIR PROFIT. IF THEY WILL DEVELOP IT, FINE. MAKE IT A SUBDIVISION LIKE THE REST OF THE HOUSES, YOU KNOW? WE HAVE GOT BUFFER REQUIREMENTS, SEPARATION IN THE ZONING THING. USE IT. DON'T GIVE THEM A SPECIAL PERMISSION, BECAUSE THERE IS NO NEED. THANK

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

>> I AM SARAH COLLINS, 875 DRIVE. JUST AROUND THE CORNER FROM WHERE THIS IS PROPOSED. AND I ACTUALLY HAVE A SLIGHTLY DIFFERENT PERSPECTIVE TO OFFER. UM-- MY UNDERSTANDING FROM MY CORRESPONDENCE WITH MR. GRISWOLD IS THAT REGARDLESS OF WHAT HAPPENS WITH THIS PROPERTY IT'S GOING TO BE DEVELOPED.

UM-- I THINK I CAN SPEAK FOR OUR NEIGHBORS IN SAYING THAT WE WISH THAT IT WEREN'T BEING DEVELOPED, BUT BECAUSE IT IS GOING TO BE DEVELOPED, I ACTUALLY SUPPORT TOWNHOMES GOING INTO THIS AREA. IT IS A QUIET NEIGHBORHOOD. THESE GO AT THE BACK OF THAT NEIGHBORHOOD AND GIVE AN OPPORTUNITY FOR FOLKS TO JOIN IN THIS QUIET COMMUNITY AND ALLOW A LITTLE BIT OF GENTLE DENSITY TO GO IN AS WELL UM-- IT PROVIDES MORE SUSTAINABLE OPTIONS TO PEOPLE BOTH FROM AN ENVIRONMENTAL STANDPOINT, AND A FINANCIAL STANDPOINT, SO THE IMPACT OF PUTTING TOWNHOMES IN IS MUCH LESS THAN PUTTING SINGLE-FAMILY HOUSES IN , BECAUSE OF THE WAY THAT UTILITIES HAVE TO BE RUN TO SINGLE-FAMILY HOUSES VERSUS TOWNHOMES, AND THEN ONCE THE TOWNHOMES ARE BUILT FROM AN ENVIRONMENTAL , ENVIRONMENTALLY FRIENDLY STANDPOINT THEY ARE EASY TO HEAT, COOL, AND MAINTAIN. BECAUSE OF THE SHARED WALLS THAT REDUCES HEATING AND COOLING COSTS MORE ENVIRONMENTALLY FRIENDLY OVERALL. I ALSO LIKE THAT TOWNHOME OPTION ALLOWS FOR MORE TREES TO BE MAINTAINED. I WOULD CHALLENGE THE DEVELOPER TO LOOK AT DIFFERENT OPTIONS FOR PARKING. HAVING A PARKING LOT IS NOT STANDARD TO HAVING TOWNHOMES. I LIVED IN A TOWN HOME FOR THREE YEARS ON NORTH STREET THAT HAS A LITTLE UP TO RIGOROUS. NO NEED FOR A GIANT PARKING LOT TO GO ACROSS THE WHOLE FRONT OF THE SECTION AND TO THE GENTLEMAN WHO WAS SAYING THESE KIND OF MUD DEVELOPMENTS ARE SUPPOSED TO MAINTAIN A FOCAL POINT OF GREEN SPACE, HAVING A DIFFERENT CONFIGURATION FOR PARKING ALLOWS YOU TO INCORPORATE MORE USABLE GREEN SPACE MAY BE IN THE FRONT OF THE PROPERTY

[00:55:01]

>> WHO WILL BE NEXT? >> ANTHONY MOSS. 866 CAHABA DRIVE. THANK YOU ALLOWING ME. I HAVE NO PARTICULAR SET OF POINTS EXCEPT THIS IS AN UNUSUAL COMMUNITY FOR ALL THE PEOPLE THAT LIVE HERE, THIS IS A VERY QUIET PLACE. WE HAVE A VERY REDUCED AMOUNT OF TRAFFIC THROUGH THE AREA, AND I THINK THAT IS THE PRIMARY CONCERN WE ALL HAVE. WE ALSO HAVE A PARTICULARLY GREEN AREA AT THIS LOCATION. WE HAVE A LOT OF BIRDS, A LOT OF ANIMALS, AND A LOT OF NATURAL ENVIRONMENT WE LIVE IN, AND I THINK WE FIND THAT TO BE AN EXTREMELY HIGH QUALITY STYLE OF LIFE IN THE AREA. PEOPLE COME TO VISIT US FROM TIME TO TIME AND REMARK ON THE QUALITY OF THIS LOCATION.

ACTUALLY I THINK QUITE FRANKLY BETTER THAN KERRY WOOD, BECAUSE EVERYTHING THAT CUL-DE-SAC BEING REFERRED TO , THAT STOPS ANY FURTHER TRAFFIC THROUGH TO THE OTHER SIDE. I WORRY ABOUT WHAT WILL HAPPEN EVENTUALLY IF ANY KIND OF DEVELOPMENT OCCURS WITHIN THIS ZONE . AND I WAS LOOKING AT THE MAP HERE ON MY PHONE, AND IT TRULY, THIS REGION OF THE WOODS REALLY TRULY PROVIDES A BUFFER ZONE BETWEEN NEIGHBORHOODS . THERE IS AN ENORMOUS DEVELOPED ON THE OTHER SIDE OF THOSE WOODS, AND MANY YEARS WE TOLERATED LISTENING TO HAVING THIS PLACE BEING PUT IN AND JUST NEVER SEEMED TO QUIT. I AM SURE THERE WILL BE WAYS TO ADJUST THIS DEVELOPMENT AS IT PROCEEDS TO FIND A THROUGH CUT SOMEHOW TO GET PEOPLE OVER TO TULLAHOMA.

IT MAY NOT BE THE DESIGN NOW, BUT I AM SURE THAT IS WHAT WILL HAPPEN. WHEN IT HAPPENS THIS LOWER END, I LIVE ON THE UPPER END OF THIS NEIGHBORHOOD. BUT THE LOWER END WILL REALLY BE SEVERELY IMPACTED. WE WILL BE IMPACTED, TOO, PEOPLE STILL TURN UP THE HILL COMING TOWARDS US. I AM ALSO CONCERNED ABOUT THE NATURE OF THE AREA. IT IS VERY WET THERE. I HAVEN'T WALKED THROUGH THERE, BUT I REMEMBER REMARKING YEARS AGO WHEN WE CAME IN HERE THAT NO ONE IN THEIR RIGHT MIND WOULD DEVELOP THIS AREA, BECAUSE IT IS SO PROBLEMATIC. AND THERE ARE, THERE IS A WASTE SYSTEM THAT GOES THROUGH THERE AS WELL UM-- AND I CAN IMAGINE IT WOULD BE CONSIDERABLE DAMAGE TO THAT SMALL WATERSHED AND WILL HAVE IMPACT ON PEOPLE FURTHER DOWNSTREAM . THAT'S ALL I REALLY HAVE TO SAY. I AM A WORKING BIOLOGIST. THIS IS A BEAUTIFUL PLACE WHERE WE LIVE, AND I AGREE ENTIRELY WITH WHAT WAS INITIALLY SAID. WE DON'T

[01:00:07]

YOU CONTINUE TO DEVELOP AUBURN IN THIS WAY, AND WE WON'T EARN THE NAME THE PRETTIEST VILLAGE ON THE PLAINS FOR MUCH LONGER.

>> THANK YOU. YOU WILL BE NEXT? >> I WON'T SAY MUCH MORE THAN WHAT WAS IN MY EMAIL EXCEPT I WANT TO REITERATE THE FACT THAT I THINK TOWNHOMES WILL JUST KILL THE DYNAMIC OF OUR STREET.

WE ARE A QUIET STREET. YOU SEE THE MAJORITY OF MY NEIGHBORHOODS ARE LITTLE DIFFERENT THAN ME RIGHT? TOWNHOMES AREN'T NOT GOING TO MESH WITH OUR COMMUNITY, WE ARE A QUIET STREET. I DON'T UNDERSTAND WHY WE CAN'T JUST EXTEND THE DYNAMIC OF OUR STREET TO MORE SINGLE-FAMILY HOMES. IN MY EMAIL I STATED WOULD YOU DO THIS AND CARRIE WOODS? WOULD YOU DO THIS AND GROW VILLE? WOULD YOU DO THIS AND PICK WHAT ACROSS THE STREET FROM US? I THINK THE ANSWER IS NO. THOSE ARE THE SIMILAR JUST BECAUSE WE ARE NOT NAMED DOESN'T MEAN WE SHOULDN'T BE RESPECTED THE SAME WAY. WITH THAT, SINGLE-FAMILY HOMES WOULD KEEP OUR DYNAMIC. MULTIFAMILY HOMES I DON'T THINK WOULD. BEING THE RIGHT OF THE DEVELOPER OF COURSE, BUT IF IT'S GOING TO BE DEVELOPED I DON'T THINK IT MATTERS HOW MUCH OF IT IS DEVELOPED TO THE DEGREE, IF IT IS CLEAR-CUT COMPLETELY THAT HAPPENS, I KNOW THERE'S CONCERNS ABOUT TREES AND WHATNOT, BUT IF IT'S GOING TO GIVE BE DEVELOPED IT WILL BE DEVELOPED. MY CONCERN IS KEEPING THE INTEGRITY OF THE NEIGHBORHOOD. THANK YOU VERY

MUCH. >> THANK YOU. WHO WILL BE NEXT?

>> ANNE LOSS -- CAHABA . ANNE MAAS. I REITERATE WHAT ANYONE BEFORE ME HAS SAID, I WANT SINGLE-FAMILY HOMES . I AM AFRAID OF OUR PROPERTY VALUES GOING DOWN, SO I JUST AM

CHAMPIONING THAT. THANK YOU. >> YES, MA'AM. THANK YOU. WHO WILL BE NEXT? ANYONE? OKAY. WE WILL CLOSE THE PUBLIC HEARING.

COMMENTS OR QUESTIONS FOR THE COUNCIL?

>> THANK YOU. PLEASE. >> IN ADDITION TO -- SIX FOLKS WE HEARD THIS EVENING I RECEIVED INPUT FROM 17 OTHER CITIZENS ON CHEROKEE, TULLAHOMA, CAHABA, AND MOUNT VERNON. AND THE PUBLIC SENTIMENT IS OVERWHELMINGLY AGAINST THE TOWNHOMES . AND THE PRIMARY REASON IS THE IMPACT ON THE COMMUNITY. THE TRADITIONAL FAMILY HOMES THAT ARE PRESENT THE CURRENT RESIDENTS AND WHAT THEY DESIRE TO HAVE. SO, I FEEL BADLY ABOUT THE POTENTIAL LOSS OF THE WOODS IN THE VEGETATION AND WHATNOT. AND BUT I AM GOING TO HAVE TO GO ALONG WITH THE DESIRES OF THE COMMUNITY, AND AS THEY SAY, THE 20 WHAT WAS IT 23 CITIZENS I HAVE HEARD FROM , 17 OF THEM OPPOSE THIS DEVELOPMENT AS FAR AS TOWNHOMES GO. THREE SAY THEY WILL HOLD THEIR NOSE, JUST BECAUSE OF THE IMPACT ON THE GREEN SPACE. AND THREE SIMPLY HAD SOME GENERAL COMMENTS. ANYWAY, I FEEL STRONGLY THAT MY ROLE IS TO SUPPORT THE DESIRES OF OUR

[01:05:01]

OF THE CONDITIONAL USE . >> OKAY. THANK YOU, MR. AS WELL. ANYONE ELSE HAVE ANYTHING THEY WOULD LIKE TO SAY?

>> YEAH, MR. MAYOR. EXCUSE ME. I TOOK THE TIME TO WATCH THE PLANNING COMMISSION DELIBERATION ON THIS AS WELL, AND I WAS CURIOUS TO SEE THE REACTIONS OF THE NEIGHBORING PROPERTY OWNERS UM-- AND AT THAT TIME, AS I LISTENED , THE GREEN SPACE FACTOR, THE TREES WERE BROUGHT UP ON A NUMBER OF OCCASIONS FROM CONCERNED NEIGHBORING PROPERTIES THAT THE LOSS OF THOSE TREES UM-- WAS OF GREAT CONCERN . AND THEN , WE AS A CANCEL STARTED RECEIVING EMAILS FROM PEOPLE UM-- WHO ARTICULATED UM-- A LARGER ARGUMENT AGAINST THIS PROPOSAL, AND I REACHED OUT TO SEVERAL OF THEM. I RESPONDED TO EVERY EMAIL, AND I SPOKE WITH A NUMBER OF PEOPLE. AS THE CONVERSATION DEVELOPED IT-- WELL THERE WAS A HIGH DEGREE OF APPRECIATION THAT DEVELOPED IN THE THOUGHT OF TERMS OF LESS IMPACT ON PEACE AS THE CONVERSATION DEVELOPED THOUGH IT SEEMED THE INCOMPATIBILITY OF THE TOWNHOME USE VERSUS THE HOUSE BECAME THE LARGEST CONCERN. AND TO THAT END I SHARE COUNCILMAN GRISWOLD 'S DISMAY AT THE POTENTIAL LOSS OF TREES. BUT AT THE END OF THE DAY WE REPRESENT THE CONCERNS OF OUR NEIGHBORS . AND IT WAS CLEAR TO ME THAT THE MOST CONCERNING THING WAS THE WHAT IS TO BE BUILT THERE I THOUGHT MR. PRATER DID AN EXCELLENT JOB OF UM-- ARGUING THE CASE OF DDH , WHEN ONE OF ITS PURPOSES IS TO ACT AS A TRANSITION ZONE , THAT IT REALLY IS A MOOT POINT IN THIS PARTICULAR PAST, BECAUSE IT TRANSITIONS BACK TO NC . FOR THOSE REASONS I WILL BE SUPPORTING THE WISHES OF THE RESIDENTS , WHO DON'T BELIEVE THIS DEVELOPMENT IS KEEPING WITH THE CHARACTER OF THE

NEIGHBORHOOD. >> THANK YOU, BOB. ANYONE ELSE?

ANYONE? >> I WOULD LIKE TO EXPRESS MY APPRECIATION TO BLAKE RICE AND HIS COMPANY FOR TAKING THE TIME TO TALK WITH ME AND OUTLINE NOT ONLY WHAT THEY HAVE PROPOSED, BUT ALSO THE ALTERNATIVES, WHICH IS THE SINGLE-FAMILY HOMES . AND AGAIN, I APPRECIATE THE INFORMATION YOU HAVE PROVIDED IN YOUR OPENNESS AND WILLINGNESS TO TALK ABOUT ALL OF THIS. AND I APPRECIATE THE INPUT OF ALL THE CITIZENS IN THIS PARTICULAR AREA. SO THANK YOU ALL.

>> I DO HAVE A COUPLE COMMENTS AND QUESTIONS. MEGAN? CAN YOU SPEAK TO, THERE WAS A COMMENT THAT THIS WAS A 4-3 VOTE, AND WOULDN'T COME TO US? THIS COMES AS A RECOMMENDATION FROM THE PLANNING COMMISSION-- BACK CORRECT PLANNING COMMISSION HAS SOLE AUTHORITY OVER SOME SUBDIVISION REGULATION ITEMS.

>> SO IT WOULD HAVE COME TO THIS BODY REGARDLESS?

>> ABSOLUTELY EVEN IF THEY RECOMMENDED AGAINST IT, IT IS STILL AT THE APPLICANT'S CHOICE WOULD COME TO YOU.

>> AND IF THIS WERE APPROVED AS A MULTIUNIT -- AS TOWNHOMES, ARE TOWNHOMES THE ONLY THING THAT COULD BE BUILT UNDER THIS

APPROVAL? >> MR. COTTON?

>> I GUESS-- I TALKED TO LEGAL ABOUT IT, AND WHAT WAS ON THE SITE PLAN, I GUESS THAT'S KIND OF THE DISCREPANCY RIGHT NOW THAT WOULD HAVE THE LINES ON IT THAT WOULD MAKE IT THE TOWNHOMES, AND SO ON THE ACTUAL SITE PLAN IT'S AS TOWNHOMES, AND INTERNALLY WE HAVE TALKED ABOUT TOWNHOMES, SO THEY COULD DO TOWNHOMES IF THEY WANT THAT CONDITIONAL USE APPROVAL, SO IT WOULD BE TREATED AS TOWNHOMES RIGHT NOW. IF THEY WANTED TO SWITCH THEY WOULD HAVE TO COME BACK AND DO THAT. BUT--

>> THEY WOULD HAVE TO COME BACK THROUGH THE HOLE--

>> YOU ARE SAYING EVEN THOUGH M.U.D. HAS TALKED ABOUT--

>> PRELIMINARY PLANS DON'T COME TO CANCEL FINAL -- COMMISSION LEVEL. AND SO THAT'S KIND OF ONE OF THE THINGS OF THIS DEVELOPMENT. NORMALLY YOU GUYS SEE TRIPLE

[01:10:06]

>> IF IT IS ON ONE LOT OF RECORD, THEN WHAT?

>> YEAH, SO IT WOULD COME BACK FOR TRENTON.

>> BUT THAT IS WHAT IS BEFORE US-- BACK NO, THE SITE PLAN, YEAH, SO SITE PLANS DON'T SHOW OUTLINES. PRELIMINARY PLANS DO.

IT SHOWS WHAT THE SITE IS, AND SO LIKE I SAID, THINGS AREN'T SUBDIVIDED UNTIL THE SUB PLAN IS SUBMITTED, THAT'S WHAT TRIGGERS A TOWNHOME, THAT WAS REFERENCED IN THE PLANNING COMMISSION, THAT'S WHAT I SAID ON THE SITE PLAN WHERE THERE ARE NO PRELIMINARY PLAN MAKES -- WOULD MAKE IT A TOWNHOME

DEVELOPMENT. >> OKAY I JUST WANT TO MAKE CLEAR THOUGH THAT THE CONDITIONAL USE BEFORE US IS A M.U.D.. IT STATES FOR TOWNHOMES IF WE WERE TO APPROVE THAT EVEN THOUGH IT SAYS M.U.D.'S WHAT CAN BE BUILT IF APPROVED BUT

ONLY BE TOWNHOMES? >> CORRECT.

>> THANK YOU. >> AND NOT A M.U.D.?

>> AND TRADITIONAL FORMAT THAT WE ARE USED TO SEEING-- OKAY.

>> ONE OTHER QUESTIONS FOR CITY MANAGER REGARDLESS OF WHICH OPTION WHETHER IT BE THE TOWNHOMES OR SINGLE-FAMILY UNITS DO YOU SEE A SCENARIO WHERE WE WILL HAVE A CONNECTION TO TULLAHOMA ANY TIME IN THE FUTURE? DO YOU ANTICIPATE THAT-- BACK ALL OF THE CONNECTIVITY THAT WAS MENTIONED WAS BLOCKED BY CITY COUNCIL SOME TIME AGO WHEN MADISON PARK REDEVELOPED. SO THEN THAT WHEN YOU'RE TALKING TULLAHOMA YOU WILL HAVE TO GO THROUGH SUMMARY'S PRIVATE PROPERTY OF WHICH WE DON'T HAVE CONTROL OF UNLESS THE CITY COUNCIL IS LOOKING TO CONDEMN PROPERTY TO DO SO I DON'T SEE THAT

HAPPENING. >> THANK YOU. JUST TO ALLEVIATE OR ADDRESS CONCERNS ON TRAFFIC THERE ARE SPECIFIC PROCEDURES FOR ASKING FOR TRAFFIC CALMING DEVICES, AND THAT DOESN'T REALLY APPLY TO COULD CERTAINLY DO THAT.

>> IT'S ON OUR WEBSITE. >> CITIZEN GENERATED. IF YOU HAVE A DESIRE AND A NEED IF THERE IS A NEED FOR COMMON DEVICES YOU CAN APPLY FOR THAT STEADY STAFF WILL CITY STAFF,

AND WE WILL GO FROM THERE. >> ANYONE ELSE HAVE A QUESTION OR COMMENT FOR STAFF ? EVERYBODY COULD ? SO THE VOTE ON THIS WOULD BE TO APPROVE THIS CONDITIONAL USE. THAT

WOULD BE THE VOTE BEFORE YOU. >> LINDSAY, ARE YOU GOOD?

>> IT IS A VOICE VOTE. >> YEAH, OKAY. SO WE HAVE A MOTION IN A SECOND. IF WE CAN GO THROUGH A VOICE VOTE--

>> JUST A STRAIGHT UP VOTE. ALL IN FAVOR--

>> OKAY. ALL IN FAVOR, PLEASE SAY AYE. ALL OPPOSED, PLEASE

[10.b. Vacation. Cleveland Brothers, Inc. Reeves Townhomes Easement. Property located at 1287 Ogletree Road.]

SAY NAY. >> ALL RIGHT. THE MOTION FAILS.

>> ALL RIGHT, ITEM 10 B, VACATION UNNEEDED UTILITY EASEMENT LOCATION 1287 OGLETREE ROAD AND -- CLEVELAND BROTHERS INC. A PUBLIC HEARING IS REQUIRED.

>> MOVE FOR APPROVAL. >> SECOND.

>> AT THIS TIME WE WILL OPEN THE PUBLIC HEARING IF YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL PLEASE GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, AND YOU WILL HAVE FIVE MINUTES TO SPEAK TO CITY COUNCIL.

>> SPEAKING ON THE EASEMENT-- THANK YOU.

>> WOULD ANYONE LIKE TO SPEAK TO ITEM 10-B? OKAY I WILL CLOSE THE PUBLIC HEARING, QUESTIONS AND DISCUSSION FROM PUBLIC? ALL

[11. OTHER BUSINESS.]

>> MAYOR WE HAVE ONE OTHER ITEM OF BUSINESS 11 LETTER A ALABAMA ROOFING AND CHIEF METAL INC. FOR THE DEAN ROAD RECREATION CENTER ROOF REPLACEMENT AND HVAC IN THE AMOUNT OF $570,000.

>> MOVE FOR APPROVAL. >> SECOND.

[01:15:01]

>> A MOTION TO SECOND. ANY QUESTIONS OR COMMENTS FROM THE

COUNCIL? >> I AM THRILLED OF COURSE TO SEE THIS ON THE AGENDA TONIGHT, AND I UNDERSTAND THAT IT HAS TO BE OBLIGATED BY THE END OF THE YEAR. IT DOESN'T HAVE TO BE

COMPLETELY THE END OF THE YEAR. >> IN 2026 IT WON'T TAKE THAT LONG, BUT BECAUSE WE ARE USING RESCUE PLAN FUNDS FOR THIS WE NEED TO GET ALL CONTRACTUAL MATTERS DEALT WITH BY THE CLOSE

OF BUSINESS ON DECEMBER 31ST. >> THOSE ARE FEDERAL FUNDS?

>> FEDERAL FUNDS ALSO KNOWN AS STATE AND LOCAL RECOVERY FISCAL

ACT. >> THIS FACILITY HAS BEEN A BIG PART OF OUR COMMUNITY FOR A LONG TIME, AND THERE HAS BEEN A LOT OF ACTIVITIES AND A LOT OF THINGS THAT HAVE BEEN PLAYED, AND A LOT OF CHILDREN AND ADULTS WHO HAVE SPENT TIME IN THERE. I AM PROUD WE ARE CONTINUING TO FIND GOOD USE FOR IT. IT WILL CONTINUE TO BE A FRUITFUL AND PRODUCTIVE PLACE--

>> WE WILL FINALLY HAVE AIR CONDITIONING--

>> THAT WILL BE NICE, TOO. >> WE WILL IN 2024 IT WILL

HAPPEN. >> ANY OTHER COMMENTS-- ALL IN

FAVOR PLEASE SAY AYE. >> AYE.

[12. CITIZENS' OPEN FORUM.]

>> ANY OPPOSED? AND THE MOTION CARRIES.

>> MAYOR, THIS IS ALL THE BUSINESS WE HAVE ON THE AGENDA.

>> AT THIS TIME WE WILL OPEN TO PUBLIC COMMENT ON ANY MATTER.

PLEASE GIVE YOUR NAME AND ADDRESS FOR THE RECORD AS YOU COME FORWARD. TWO WEEKS AGO I ALLOWED A LADY TO SPEAK OVER A MINUTE PASSED THIS TIME, THAT WAS MY MISTAKE, AND I ASK YOU TO ALL STAY AT THE THREE-MINUTE MARK. I WILL ASK YOU TO BE COMPLETE AT THE THREE-MINUTE MARK. PLEASE STAY THE THREE-MINUTE MARK. THIS IS ALSO NOT A TIME TO CHEER AND HOLLER.

WE RESPECT THE OPINIONS OF EVERYONE YOU WISH TO BRING FORWARD TONIGHT, AND YOU ARE WELCOME TO BE PART OF OUR PROCESS OKAY? ALL RIGHT. WHO WILL BE FIRST? WELCOME BACK.

>> JASON HENNING, THANK YOU. SO GOOD EVENING , UM-- I WOULD LIKE TO KINDLY REQUEST THE STATUS OF DISCUSSED UPDATES TO AUBURN'S CODES FOR REVOKING BUSINESS PLACES IN DISHONEST AND DECEPTIVE CASES LIKE HOUSTON HOMES. CITY COUNCIL AND AUBURN CITIZENS HOUSTON'S HOMES ISN'T THE ONLY HOUSTON-OWNED BUSINESS IN THE AREA. I URGE AUBURN CITIZENS TO BOYCOTT ALL HOUSTON HOMES COMPANIES WERE USED IN COMPANIES IF POSSIBLE, AND I CAN AT LEAST SPEAK FOR MYSELF TO SAY THEIR BUSINESSES ARE NOT WELCOME HERE ANYMORE. THANK YOU FOR YOUR TIME ON THIS, AND A SPECIAL THINGS TO BETH WITTEN FOR HOSTING DISCUSSION WITH THE PUBLIC LAST TUESDAY. I HOPE THAT DISCUSSION UPDATES TO THE BUSINESS LICENSE RULES WILL CONTINUE AND FAIR AND EFFECTIVE UPDATES WILL MOVE FORWARD.

>> THANK YOU. WHO WILL BE NEXT? >> MAYOR, CITY COUNCIL, THANK YOU. 1518 VFW ROAD. SO I WANT TO TALK ABOUT THIS FLOODPLAIN DEVELOPMENT THAT YOU GUYS HAVE GOT GOING ON RIGHT HERE. AS FAR AS I AM CONCERNED DOWN ON OUR STREET THAT BUILDING $800,000 HOME IN A FLOODPLAIN, NOW I'M NOT SURE IF YOU GUYS KNOW THAT WILL DO TO OUR NEIGHBORHOOD, THAT WILL TAX EVERYBODY OUT. WE HAVE BEEN TALKING ABOUT THIS, AND WE HAVE BEEN TRYING TO FIGURE IT OUT. HOW COME YOU GUYS WANT TO DO THIS? THEY GIVE YOU A PIECE OF PAPER WITH THAT ORDINANCE ON IT, THE ONE WITH THE REVISION ON IT, AND THAT REVISION TO ME , I AM NOT SURE WHERE THAT IS LOCATED IN HERE, BECAUSE I AM THINKING YOU GUYS

READ THIS? ALL OF THIS? >> YES.

>> YOU KNOW WHAT THIS IS? SO YOU KNOW IT DOESN'T GO INTO EFFECT UNTIL NEXT JULY ? YEAH. SO, SAID THIS ORDINANCE WON'T GO INTO EFFECT UNTIL NEXT YEAR. NOW THEY ARE BUILDING A HOME DOWN THERE ACCORDING TO THIS. THAT PAPER . AND I AM NOT SURE IF AUBURN IS IN A FLOODPLAIN . AUBURN HAS NEVER BEEN IN A FLOODPLAIN BUT WHAT IS THE FLOODPLAIN FACTOR? NONE OF THAT HAS BEEN STUDIED. SO I THINK WE NEED TO TRY AND FIGURE OUT HOW WE AS A PEOPLE CAN HELP MEGAN DO THE RIGHT THING FOR ALL OF THE PEOPLE . SO I THINK WE SHOULD HAVE A QUORUM, SIT DOWN, LOOK THROUGH THIS, AND FIGURE OUT WHAT ADAC SAID AND WHAT INFORMATION IS BEING PUT OUT. ACCORDING TO THE INFORMATION

[01:20:03]

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

>> ROBERT BUILT-INS -- MY HEART IS REALLY BURNING LISTENING TO PERRY. I WENT AND LOOKED AT THE VFW. I DO DELIVERIES IN THAT AREA ALL THE TIME. ALL THE WAY DOWN INTO THE NEW SUBDIVISION, BUT ALSO THE FIRST PART OF IT. AND, I CANNOT UNDERSTAND WHY A HOUSE THAT LARGE IS AT THAT PLACE, AND I AM IN AGREEMENT WITH HIM, I DON'T UNDERSTAND ABOUT THE FLOODPLAIN. THERE IS NO FLOODPLAIN THAT I CAN TELL YOU THERE IS NOTHING THERE. I DON'T EVEN UNDERSTAND WHY IT WAS DONE. I DON'T KNOW WHAT THIS ADAC STUFF , I ASSUME IT IS STUFF OF DECENCY, BUT I'M CONCERNED THIS COUNCIL VOTED WITHOUT THE PROPER INFORMATION, AND THAT IS SOMETHING THAT I HAVE IN THE PAST WAS YOU MAKE DECISIONS SOMETIMES THAT ARE NOT TOTALLY APPROPRIATE, BECAUSE YOU WERE NOT GIVEN THE PROPER INFORMATION BY THE CITY MANAGER AND THE VARIOUS PEOPLE . AM I WRONG? I HAVE NO IDEA, BUT I BELIEVE I AM RIGHT , AND I SEE SOME OF YOU SHAKING YOUR HEAD, ESPECIALLY BETH WITTEN .

>> CORRECT-- >> BUT , WHY WAS THIS DONE? WHY DID YOU VOTE ON IT THEN? CAN YOU GIVE US-- I BELIEVE IT SHOULD BE A COMMUNITY THING. I WOULD HATE TO SEE ANOTHER COMMUNITY TOTALLY WIPED OUT. IT'S ALREADY BEEN WIPED OUT, IT JUST HAS GOT SOME LEFT. THESE DEVELOPERS, IT'S FINE TO BE A DEVELOPER, IT'S THAT WE HAVE TO HAVE NEW DEVELOPMENT, BUT WHEN THIS CITY , I MEAN THE PLANNING COMMISSION, WHAT IS THEIR JOB? IT'S NOT TO STAMP APPROVAL OF EVERY DEVELOPMENT.

YOU KNOW WHAT IT'S FOR? IT IS TO FIGURE OUT A WAY TO PLAN FOR THE COMMUNITY , TO MAKE SURE THAT COMMUNITY HAS EVERYONE IS INVOLVED. IT IS A ONE-SIDED THING. IT IS CONTINUOUSLY PUSHING OUT EVERYONE . THERE IS A WAY TO DO IT WITHOUT JUST PUSHING EVERYBODY OUT. I MEAN IT'S A PERFECT LOCATION, IT IS EASY TO GET TO DOWNTOWN. IT IS EASY, EVERYWHERE EXCEPT FOR THE INTERSTATE. BEYOND THAT IT IS EASY TO MOVE AROUND IN AUBURN FROM VFW ROAD. AND I WOULD HATE TO SEE THOSE HOMES HAVE TO BE PUSHED OUT, BECAUSE OF WHAT HE SAID. I HAVE BEEN LISTENING TO HIM THE LAST THREE TIMES HE HAS COME UP HERE, AND I HAVE BEEN TRYING TO FIGURE OUT HOW IT IS SET UP, AND I AM CONFUSED. AND I DON'T WANT Y'ALL HOLLERING AT ME AGAIN LIKE YOU NORMALLY DO. I JUST WANT YOU TO EXPLAIN TO ME IN DETAILS, AND EVERYBODY ELSE, WHY THOSE PEOPLE AND VFW HAVE TO BE IN A POSITION THAT THEY HAVE TO BE IN, AND THE CHALLENGES VOTED. AND IF HE'S CORRECT AND IT'S SOMETHING THAT ONEPASS UNTIL JANUARY, AND YOU'LL ILLEGALLY LET A HOUSE BE BUILT IN THAT SITUATION--

>> THANK YOU, MR. WILKINS, YOUR TIME IS UP.

>> OH, I AM NOT LIKE THE LADY YOU HAD LAST WEEK.

>> THANK YOU MR. WILKINS, I AM TRYING TO DO BETTER. WHO WILL

BE NEXT? >> HI THERE. I'M ALSO HERE FOR THE HERITAGE RIDGE DEVELOPER--

>> NAME AND ADDRESS PLEASE. >> SUSAN BENITO 171 SIENA PLACE, AUBURN. AND I AM HERE ABOUT THE HERITAGE RIDGE DEVELOPER. I JUST HOPE THE COUNSELOR WILL APPRECIATE HOW BAD THE OPTICS WERE WITH THE TREE BEING TAKEN DOWN ESPECIALLY WHEN WE HAVE SPIRIT INDEPENDENCE FLYING IN A GAME

[01:25:11]

THANK YOU. >> THANK YOU MA'AM. WHO WILL

BE NEXT? >> EMILY CHERRY GLEN CIRCLE OPA LOCKA. BUT, I HAVE WORKED IN AUBURN ALL OF MY LIFE. AND, I JUST WANT TO SAY THAT I AM ONE OF THE PEOPLE THAT IS OUTRAGED BY WHAT HOUSTON HOMESTEAD. AND I KNOW THE CITY COUNCIL HAS NO AUTHORITY TO REVOKE ANY PERMITS OR ANYTHING, BUT I HOPE THAT YOU ARE ABLE TO TALK TO THE PEOPLE AT THE PLANNING COMMITTEE, AND ALSO TO CONSIDER REVISING PERMITS FOR THE BAD ACTORS THAT WE HAVE COME IN CONTACT WITH TO PERHAPS NOT BE ALLOWED TO CONTINUE WITH THEIR BAD ACTIONS. THANK YOU.

>> THANK YOU. WHO WILL BE NEXT? OKAY, WE WILL CLOSE CITIZENS COMMUNICATIONS. DOES THE COUNCIL HAVE ANYTHING THEY

WOULD LIKE TO SAY? >> MEGAN COULD YOU FOR CLARIFICATION PLEASE STATE OR -- IN MY OPINION THERE IS ZERO CORRELATION BETWEEN WHAT WAS GIVEN TO US AND WHICH DOESN'T MATCH WHAT WE VETTED ON THIS EVENING THAT THE FLOODPLAIN UPDATE IS A CITYWIDE ORDINANCE AND IS NOT DIRECTED AT ANY SPECIFIC INDIVIDUAL DEVELOPMENT ?

>> CORRECT, THERE IS ALSO SOME CONFUSION THERE ARE FLOOD MAPS THAT ARE CALLED FIRM PANELS THAT ARE PRODUCED BY FEMA MANAGEMENT THE CITY HAS ZERO CONTROL OVER FLOODPLAINS AND IS DESIGNATED BY THE FEDERAL GOVERNMENT. I DON'T HAVE A BIG SCREEN FOR YOU, BUT ON THE IPAD EVERYTHING IN GREEN IS A FLOODPLAIN IN THE CITY ALL OVER THE PLACE. THESE ARE NOT CHOICES OF THE STAFF OF THE CITY OF AUBURN. THEY WERE NOT CHOICES OF THE CITY COUNCIL OF THE CITY OF AUBURN, THEY WERE NOT CHOICES OF THE CITIZENS OF THE CITY OF AUBURN. THEY ARE MEETING A STANDARD ESTABLISHED BY THE FEDERAL GOVERNMENT. AND DEVELOPMENT AND FLOODPLAINS CAN KILL PEOPLE, AND I WANT TO BE CLEAR UNLESS YOU MEET THE GUIDELINES ADOPTED IN THE ORDINANCE TODAY WHICH WE HAVE LONG HAD A FLOODPLAIN ORDINANCE, BUT UNLESS YOU MEET THE GUIDELINES FOR DEVELOPING A FLOODPLAIN YOU ARE NOT ALLOWED TO DO SO. THE HOUSE IN QUESTION 5021 VFW ROAD UM-- THE NEW MAPS THAT ARE BEING ESTABLISHED ABOUT FLOODPLAINS DO AND-- MR. PERRY IS CORRECT, THEY ARE IMPLEMENTED IN 2025. WE HAVE CURRENT FLOODPLAIN MAPS, NOT A FLOODPLAIN ORDINANCE, SEPARATE THE TWO, THAT ARE ALREADY IN EFFECT. THE CITY STAFF REQUIRES THAT ANY DEVELOPMENT GOING ON ADJACENT TO A FLOODPLAIN CAN ONLY BE BUILT IN THE MOST RESTRICT IF FLOODPLAIN DESIGNATED BY THE FEDERAL GOVERNMENT. IN THIS CASE AT THIS PROPERTY AT 1521 VFW THE CURRENT FLOODPLAIN IS MORE RESTRICTIVE THAN THE FUTURE FLOODPLAIN, AND THEREFORE THE OWNER OF THAT PROPERTY IS DEVELOPING TO THE MOST RESTRICTIVE STANDARD WHICH WILL ACTUALLY CHANGE IN 2025 UM-- IN TERMS OF THE ZONING OF THE PROPERTY IT HAS ALSO BEEN THAT WAY SINCE 1984, AND THE PROPERTY OWNER IS RESTRICTED BY ONLY A MINIMUM LOT SIZE, NOT A MAXIMUM HOUSE SIZE AS LONG AS IT MEETS ALL ZONING ORDINANCES AND CODING CRITERIA. SO THE CITY HAS YOUR CONTROL OVER THE PRIVATE PROPERTY OWNERS AND STATE OF A FAMILY WHO SOLD PROPERTY TO A DEVELOPER HOMEBUILDER IN AUBURN WHO CHOSE TO BUILD A HOME OF THAT SIZE ON THE PROPERTY, THAT IS NOT SOMETHING WE HAVE ANY CURRENT CONTROL OVER. THAT IS A PROPERTY OWNER'S RIGHT TO BUILD AS LONG AS THEY MEET OUR ORDINANCE SO THE CITY HAD NO LEGAL MEANS TO STOP ANY DEVELOPMENT. WE WELCOME THE OPPORTUNITY TO MEET WITH MR. PERRY TO EXPLAIN THE DIFFERENCE THE FLOOD MAPS HAVE LONG BEEN IN PLACE. THERE ARE WORDS OF FLOODPLAINS AND AUBURN ALL OVER ESPECIALLY IF YOU LIVE NEAR A CREEK. IT JUST IS REALITY, AND THEY SOMETIMES SHRINK AND SOMETIMES THEY GROW, AND SOMETIMES THEY SHOW UP IN PLACES WE NEVER EXPECTED. AND THE CITY DOES HAVE THE ABILITY, EACH OF THOSE PROPERTY OWNERS ARE IMPACTED ARE NOTIFIED, AND THEY CAN ARGUE AND A LOT WENT INTO THIS. IT WAS A VERY PUBLIC PROCESS ABOUT FLOOD MAPS, WHICH

[01:30:04]

AND SO THERE IS SOME CONFUSION, SOME OF THE DOCUMENTS YOU HAVE ARE DEFINITIONS FROM THE ZONING ORDINANCE AND NOT THAT OF THE FLOODPLAIN ORDINANCE, NOR FEMA MAPS, THEY ARE COMING DIRECTLY FROM THE ORDINANCE. IT SPEAKS TO MULTIPLE PIECES OF INFORMATION IN FRONT OF YOU, BUT WE ARE VERY HAPPY TO SIT DOWN WITH MR. PERRY AND GO THROUGH ALL OF THOSE IN THE FLOOD MAPS AGAIN ARE NOT UNDER THE CONTROL OF THE CITY OF AUBURN, BUT THE CITY ENGINEER DOES HAVE TO BE THE FLOODPLAIN

ADMINISTRATOR. >> THANK YOU.

>> WHAT WE DID TONIGHT WAS BECAUSE WE NEEDED TO DO THAT TO

SERVE THE ENTIRE COMMUNITY. >> AS COUNCILMAN COBLENTZ SAID IT IS NOT JUST FLOOD INSURANCE, IT IS THE COMMUNITY RATING SYSTEM THAT HELPS GIVE A DISCOUNT TO THOSE CITIZENS WHO CHOOSE TO AVAIL THEMSELVES OF FLOOD INSURANCE. HOWEVER IF YOU LIVE IN A FLOODPLAIN AND ARE TRYING TO GET A MORTGAGE YOU ARE NOT GETTING A MORTGAGE WITHOUT FLOOD INSURANCE. AND SO WHAT WE ARE TRYING TO DO HERE AND WHAT THE COUNCIL ADOPTED TONIGHT IS MAKE SURE OUR CITIZENS HAVE THE BEST OPPORTUNITIES TO ENSURE THEIR PROPERTIES AND TO SAVE MONEY ON THEIR INSURANCE BY US COMPLYING WITH THIS ORDINANCE ON ANYTHING

IN THE CITY IN A FLOODPLAIN. >> ABSOLUTELY. OKAY. FOR THE RECORD, OUR STAFF DOES AN EXCELLENT JOB PREPARING US, AND ON THIS PARTICULAR TOPIC WE POSTPONED IT TWO WEEKS SO AS WE WERE RECEIVING MORE QUESTIONS ON THIS TO DIG IN FURTHER WE DID NOT HURRY THIS THROUGH EVEN THOUGH THERE IS A CLOCK TICKING THAT WE NEED TO GET THIS DONE, CORRECT? OKAY. ANYTHING ELSE?

* This transcript was compiled from uncorrected Closed Captioning.