Jun 17, 2025 City Council

[1. CALL TO ORDER.]

[00:00:07]

>> WE WILL CALL TO ORDER TONIGHT'S AUBURN CITY COUNCIL MEETING FOR JUNE 17, 2025.

JOINED US IN THE COUNCIL CHAMBERS AND THOSE LISTENING ON AS WELL AS WATCHING THROUGH OUR STREAMING SERVICES WITH THE ROLL

CALL, LINDSAY. >>

>> WOULD YOU PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE AND REMAIN STANDING FOR A MOMENT OF SILENCE?

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

>> PLEASE BE SEATED. EARLIER TONIGHT DURING THE COMMITTEE OF

[4. MAYOR AND COUNCIL COMMUNICATIONS.]

>> I JUST WANT TO SAY THANK YOU. I WAS HOPING THAT SERGEANT

[00:05:03]

THEY WERE AT THE PARADE AND ONCE AGAIN THEY WERE FRIENDLY, VERY FRIENDLY AND ENTERTAINING WITH THE CROWD AND EVERYBODY WAS PLEASED WITH THE SERVICE, THE PUBLIC SAFETY DOWNTOWN AND YOU KNOW I WANT TO GIVE THEM KUDOS AND JUST SAY THANK YOU. THAT WAS THE PARADE THIS WEEK , COME SUNDAY IT WILL BE OUR EVENT AT THE PARK FROM 2:00 UNTIL 6:00. AND I WILL GIVE YOU YOUR CREDIT AFTER WE HAVE IT. I JUST WANT, I WAS REALLY PLEASED THAT HE WAS SO FRIENDLY. HE WAS ENTERTAINING WITH THE KIDS AND STUFF AND EVERYBODY REALLY ENJOYED HIM. HE TRIED TO DO THE DANCE, THE BOOTS ON THE GROUND DANCE SO HE HAD A REALLY GOOD TIME. SCENE OF THE OTHER OFFICERS AND STUFF THAT WAS OUT AND THE GUYS WHO PUT OUT THE BARRICADES AND STUFF, EVERYBODY WAS REALLY FRIENDLY AND I REALLY REALLY APPRECIATE IT AND I WANT TO THANK BOB AND HIS CREW, ALSO. THEY WAS IN THE PARADE AND I THINK EVERYBODY HAD A GOOD TIME AND I HAPPENED TO LOOK UP AS WE WAS APPROACHING AND GUESS WHO I SCENE? I SEEN OUR MAYOR SO THANK YOU FOR COMING OUT AND ENJOYING THE FESTIVITIES AND HOPE TO SEE YOU

AGAIN SUNDAY. >> YOU WILL. HAVE BEEN TOLD TO

BE THERE. >> ANYONE ELSE?

>> MAYOR. I WOULD LIKE TO SAY ONCE AGAIN. JUNETEENTH IS COMING RIGHT UP RIGHT ON THE HEELS OF THE ARMY BIRTHDAY AND I HOPE YOU ENJOYED THE NICE PARADE WE HAD. WE WOULD BE REMISS IF WE DID NOT RECOGNIZE THE 365,000 UNION SOLDIERS AND SOME SAILORS WHO PERISHED SO IT COULD BE POSSIBLE TO EVEN HAVE A JUNE 16.

JUNETEENTH, EXCUSE ME. SO I KNOW THEY ALL WOULD'VE PROUDLY STOOD FOR THE NATIONAL ANTHEM AND ENJOYED THE FESTIVITIES. SO

THANK YOU. >> ANYONE ELSE? OKAY WE WILL

[5. AUBURN UNIVERSITY COMMUNICATIONS.]

>> GOOD EVENING, I HOPE YOU'RE HAVING A GOOD WEEK AND ENJOYING THE ON AND OFF GOOD WEATHER WE HAVE BEEN HAVING. MY NAME IS NAME ] EXECUTIVE VICE PRESIDENT OF OUTREACH ON SGA HERE TO GIVE A REPORT ON BEHALF OF AUBURN UNIVERSITY SGA, THE AUBURN UNIVERSITY BOARD OF TRUSTEES HAD THEIR SUMMER MEETING THIS PAST JUNE 6 AND THE BOARD APPROVED A NUMBER OF LARGE-SCALE PROJECTS THAT WILL IMPROVE STUDENT EXPERIENCE SUCH AS THE ADDITION OF THE WIRE WROTE SIDEWALK TO WEST AVENUE ALONG WITH DEMOLITION OF SCIENCE'S ACADEMIC RESEARCH FACILITY. BASEBALL ENDED THE SEASON WITH A FIRST-TIME HOSTING THE SUPER REGIONAL TOURNAMENT COMING OUT 41-20 OVERALL RECORD AND VASTLY IMPROVED SEC RECORDS AND THE TIGERS HAVE HIGH HOPES FOR UPCOMING YEARS, THANK YOU SO

MUCH. >> THANK YOU. I MENTIONED IN OUR LAST MEETING I HAD AN OPPORTUNITY TO ADDRESS THE BOARD OF TRUSTEES AND HONORED TO DO THAT AND THEY ARE SINCERELY INTERESTED IN WHAT'S GOING ON AT THE CITY AND THE UNIVERSITY THAT THEY LEAD IS LOCATED IN SO APPRECIATE THEIR SUPPORT OF OUR COMMUNITY. NOW CITIZEN CAN MEDICATION ON ITEMS ON TONIGHT'S AGENDA IF YOU WOULD LIKE TO SPEAK TO CITY COUNCIL ABOUT ANY ITEMS ON THE AGENDA, IN PARTICULAR ITEMS ON THE CONSENT AGENDA. IF YOU LOOK AT ORDINANCES AND RESOLUTIONS, THOSE BOTH HAVE PUBLIC HEARINGS ATTACHED AND IT WOULD BE MORE APPROPRIATE FOR YOU TO SPEAK TO THOSE ITEMS DURING PUBLIC HEARINGS SO IF YOU WOULD LIKE TO ADJUST CITY COUNCIL ON ANYTHING ON THE CONSENT AGENDA, THIS WOULD BE YOUR TIME TO COME FORWARD AND YOU HAVE FIVE MINUTES. WE WOULD ASK YOU TO

[7. CITY MANAGER’S COMMUNICATIONS]

>> THANK YOU MAYOR. FIRST IS ANNOUNCEMENTS ON BOARD VACANCIES, APPOINTMENTS WILL BE MADE AT THE JULY 22, 2025 CITY COUNCIL MEETING. FIRST IS GREENSPACE ADVISORY BOARD WITH TWO POSITIONS TERM BEGINNING AUGUST 8, 2025 ENDING AUGUST 7, 2029. SECOND IS A PLANNING COMMISSION VACANCY, ONE POSITION UNEXPIRED TERM BEGINNING IMMEDIATELY UPON APPOINTMENT ENDING JULY 31, ENDING JULY 31, 2028. THIS OPENING IS THE RESULT

[00:10:02]

[8. CONSIDERATION OF CONSENT AGENDA.]

THAT TIME. >> ALL RIGHT CONSENT AGENDA.

>> DOES ANYONE WANT TO REMOVE ANY ITEM FROM THE CONSENT AGENDA

FOR SEPARATE CONSIDERATION? >> YES PLEASE ITEM 8 B 4 AND

EIGHT B 5. >> ANYONE ELSE?

>> EIGHT B 2 AND 3 PLEASE. >> ALL RIGHT THERE IS ONE LEFT FOR YOU. WANT IT?

[8.b.2. Auburn Game Day Law Enforcement Corporation and area public safety agencies. Supplemental law enforcement services. Auburn University sporting events. August 2, 2025–July 31, 2026.]

>> OKAY EIGHT B 2. >> A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE GAME DAY CONTRACTS WITH THE AUBURN GAME DAY LAW-ENFORCEMENT CORPORATION AND AREA PUBLIC SAFETY AGENCIES FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL LAW-ENFORCEMENT SERVICES AT AUBURN UNIVERSITY SPORTING EVENTS BETWEEN AUGUST 2, AT AUBURN UNIVERSITY SPORTING EVENTS BETWEEN AUGUST 2, 2025

JULY 31, 2026. >> MOVE FOR APPROVAL.

>> MOTION AND SECOND. >> I HAVE A QUESTION I AM NOT FAMILIAR WITH WHAT THE CORPORATION IS THE AUBURN GAME DAY LAW-ENFORCEMENT CORPORATION. WHO MAKES UP THE CORPORATION AND WHO ARE THE OFFICERS AND WHO SIGNS ON BEHALF OF THIS CONSOLIDATED GROUP OF LAW-ENFORCEMENT OFFICIALS?

WHAT'S THE OTHER PARTY? >> AS THE PUBLIC SAFETY EXECUTIVE DIRECTOR , WILL MATTHEWS TO ADDRESS THAT.

>> THE LAW-ENFORCEMENT GAME DAY CORPORATION WAS ESTABLISHED I BELIEVE IN 2016. TO BETTER HANDLE THE INSURANCE REQUIREMENTS AND CONTRACTUAL AGREEMENTS WE HAVE WITH OUTSIDE AGENCIES TO COME ASSIST US DURING FOOTBALL GAMES AND OTHER ATHLETIC EVENTS. CITY MANAGER SITS AS THE PRESIDENT OF THE GAME DAY CORPORATION AND AUTHORIZED DESIGNEE FOR THOSE

CONTRACTS. >> SO, ALL RIGHT. SO IT IS A CONTRACT BETWEEN THE CITY AND BASICALLY THE CITY MANAGER TO REPRESENT THIS CONSOLIDATED GROUP OF LAW-ENFORCEMENT?

>> A CORPORATION CREATED BY THE CITY TO BETTER HANDLE THE INSURANCE AND WORKMEN'S COMP. CLAIMS AND ANYTHING THAT DEALS WITH THE CONTRACTED AGENCIES THAT COME HELP US FOR THESE EVENTS. ALL OF THEIR PAY IS FUNNELED THROUGH THIS CORPORATION. THE UNIVERSITY REIMBURSES US FOR THAT.

>> OKAY, IT'S BEEN A GREAT ENDEAVOR AND I WAS NOT CLEAR ON WHO THE CORPORATION ITSELF WAS SO THANK YOU VERY MUCH FOR THE

EXPLANATION. >> ANY OTHER QUESTIONS REGARDING

THIS? >> CAN YOU ALSO EXPLAIN THE RELATIONSHIP BETWEEN AUBURN UNIVERSITY SECURITY AND CITY OF AUBURN SECURITY FOR EVENTS LIKE THIS AND OTHER THINGS?

>> CERTAINLY SO THE AUBURN UNIVERSITY EMPLOYEES DEPARTMENT OF CAMPUS SAFETY AND SECURITY HANDLE NON-SWORN SECURITY ACTIVITY SUCH AS WALKING THE CAMPUS AT NIGHT, CHECKING DOORS, LOCKING FACILITIES, MONITORING THE CAMERAS THAT ARE ON CAMPUS, OPERATING SECURITY SHUTTLES. THAT YOU SEE YOU DRIVING AROUND.

THEY DO EMERGENCY MANAGEMENT ACTIVITIES, THEY DO TRAINING FOR THE UNIVERSITY EMPLOYEES. SO BASICALLY ALL THE THINGS THAT DO NOT REQUIRE A SWORN LAW ENFORCEMENT OFFICER. THE CITY OF AUBURN IS CONTRACTUALLY OBLIGATED FOR ALL LAW ENFORCEMENT ACTIVITIES AT AUBURN UNIVERSITY.

>> WELL HOW MANY OTHER ADDITIONAL AGENCIES SUPPORT THE CITY OF AUBURN AND SUPPORT THIS CORPORATION ON A FOOTBALL GAME

DAY IN PARTICULAR? >> DEPENDING ON THE SIZE OF THE GAME WE HAVE ANYWHERE BETWEEN 12 AND 15 OUTSIDE AGENCIES SUPPORTING US AT ALL LEVELS, LOCAL, COUNTY, STATE AND

FEDERAL. >> ANY OTHER QUESTIONS? OKAY

[8.b.3. Floyd Service Company, Inc. 2025 Yarbrough Tennis Center Indoor Courts Light Installation. $121,900.]

OPPOSED? THE MOTION CARRIES. >> NIXON AND EIGHT B 3 AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH FLOYD SERVICE COMPANY INC. IN THE AMOUNT OF $121,900 TO COMPLETE THE SPORTS LIGHTING SYSTEM INSTALLATION AT THE TENNIS CENTER INDOOR COURTS, CITY COUNCIL AUTHORIZED PURCHASE OF

[00:15:03]

MEETING. >> MOVED TO APPROVE.

>> SECOND. >> MR. GRISWOLD?

>> WE HAD THREE BIDDERS ON THIS ONE WHICH DID NOT RESPOND TO ADDENDUM ONE 'S OFFICE IN NOT HAVING THAT ADDENDUM THEY WERE THE LOWEST BID. IS THERE A REASON THEY CHOSE NOT TO PARTICIPATE OR MAKE A PROPOSAL FOR THE ENTIRE PROJECT?

>> WE DON'T KNOW THAT WITHOUT WOULD AUTOMATICALLY DISQUALIFY THEM FROM CONSIDERATION IF THEY DID NOT SUBMIT A RESPONSE AND

BID. >> SO WE JUST DON'T KNOW. OKAY.

ALL RIGHT THE OTHER ONES, WHERE THEY? FLOYD IS?

>> THEY ARE HERE LOCAL. >> ALL RIGHT, THANK YOU.

>> ANY OTHER QUESTIONS OR COMMENTS? MOTION AND SECOND ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSED? AND THE MOTION CARRIES.

>> ITEM 8 AND THE MOTION CARRIES.

>> ITEM 824 IS A, AUTHORIZING CITY MANAGER TO EXECUTE A SERVICE AGREEMENT IN THE AMOUNT OF $147,267.60 WITH INC. FOR PARKING ACCESS AND REVENUE CONTROL SYSTEM HARDWARE AND SOFTWARE FOR THE RIGHT STREET PARKING DECK IN ADDITION TO $600 MONTHLY LICENSING FEE ASSOCIATED WITH SOFTWARE. THIS INCLUDES INSTALLATION OF NEW ACCESS CONTROL GATES AND PAYMENT KIOSK AT THE WRIGHT STREET PARKING DECK.

>> I LIKE TO MOVE TO POSTPONE TO DAY CERTAIN OF JULY 8.

>> SECOND. >> WE HAVE A MOTION AND A SECOND TO POSTPONE THE ITEM TO JULY 8 CITY COUNCIL MEETING. ANY DISCUSSION? ALL IN FAVOR PLEASE SAY AYE ANY OPPOSED? THAT MOTION CARRIES AND WE WILL HEAR THIS AGAIN JULY 8.

>> ITEM 5. >> EIGHT B 5, AUTHORIZING CITY MANAGER TO EXECUTE SERVICE AGREEMENT IN THE AMOUNT OF $8000 PER MONTH NONGUARANTEED ANNUAL INCENTIVE FEE WITH A LAZY PARKING GEORGIA LLC MANAGEMENT SERVICES ASSOCIATED WITH THE

WRIGHT STREET PARKING DECK. >> MOVED TO POSTPONE CERTAIN

JULY 8. >> MOTION AND SECOND TO POSTPONE TO JULY 8, COMMENTS OR QUESTIONS?

>> I KNOW YOU ASKED TO POSTPONE IT BUT WHAT IS THE POSTPONEMENT?

>> SO WE CAN HAVE FURTHER DISCUSSION ON THE REASONS AND ALTERNATIVES AND OTHER ASPECTS OF IT WHICH IS A LOT OF INFORMATION AND A LOT OF INVESTMENT THAT I FEEL LIKE WE

NEED MORE TIME TO UNDERSTAND. >> ASKING CITY COUNCIL TO COME TOGETHER IN THE NEAR FUTURE AND HAVE A WORK SESSION TO UNDERSTAND ABOUT THE PARKING DECK. MY SUMMARY WOULD BE THIS PARKING DECK IS STARTING TO MATURE AND GET REALLY ACTIVE AND WE ARE STARTING TO LEARN THE BEST WAY FORWARD FOR IT TO WORK AND WE ARE PROBABLY SEEING SOME THINGS THAT ARE NOT AS PRODUCTIVE THAT WE NEED TO CORRECT. AND SO WITH THIS COMING FORWARD I BELIEVE IT IS MY SENSE THAT THE REST OF YOU LIKE ME NEED MORE INFORMATION ABOUT THE PARKING DECK AS WE MOVE FORWARD SO WE WILL GET TOGETHER AND HAVE A MEETING ABOUT THAT AND LEARN FROM STAFF WHAT IT IS LIKE TO OPERATE A 350 CAR PARKING DECK.

>> THAT'S GOING TO TAKE PLACE BEFORE JULY 8?

>> THAT WOULD BE THE INTENT. ANY OTHER QUESTIONS OR COMMENTS?

>> MOTION AND SECOND TO MOVE TO JULY 8. ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSED? THE MOTION CARRIES AND WE WILL HEAR THIS

JULY 8. ORDINANCES. >> BALANCE OF THE CONSENT

AGENDA. >> ONE MORE ITEM. ACTUALLY TWO.

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

[9.a.1. Beehive Road Rezoning. Rezone approximately 15.5 acres from Rural (R) to Industrial (I). Property located at the southeast corner of Beehive Road and Biltmore Lane.]

>> ORDINANCES ITEM 9 A 1 PETITION TO REZONE APPROXIMATELY 15.5 ACRES TO INDUSTRIAL ZONING DISTRICT PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE HIGH ROAD WITH A PARCEL PURCHASE BY INDUSTRIAL DEVELOPMENT BOARD FOR INDUSTRIAL USE THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE ITEM 507-0. UNANIMOUS CONSENT IS NECESSARY AND PUBLIC HEARING IS REQUIRED.

>> MOTION AND SECOND. ANYONE ON THE COUNCIL HAVE A PROBLEM WITH MOVING FORWARD ON THE VOTE THIS EVENING? WE WILL OPEN THE PUBLIC HEARING. IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL GUARDING THIS TOPIC EVEN NAME AND ADDRESS FOR THE RECORD AND YOU HAVE FIVE MINUTES TO SPEAK TO THE COUNCIL. SEEING NO ONE WE WILL CLOSE THE PUBLIC HEARING. COMMENTS OR QUESTIONS FROM THE COUNCIL? YES

. >> I WOULD LIKE TO KNOW FROM THE

[00:20:01]

>> THEY DID NOT. >> OKAY. ANYONE ELSE? OKAY THE

ROLL CALL. >>

[9.a.2. Wrights Mill Road Rezoning. Rezone approximately 10.1 acres from Rural (R) to Development District Housing (DDH). Property located on the west side of Wrights Mill Road, just south of I-85]

>> ITEM 9 A 2 PETITION TO REZONE APPROXIMATELY 10.1 ACRES FROM WORLD TO DEVELOPMENT DISTRICT HOUSING ZONING DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF WRIGHTS MILL ROAD SOUTH OF I-85, PLANNING COMMISSION RECOMMENDED APPROVAL 7-0 WITH CONDITION THAT THE DEVELOPMENT AGREEMENT A COMPANY THE REZONING THAT COMMITS THE DEVELOPER TO INSTALL TO THE SITE, UNANIMOUS CONSENT IS NECESSARY AND A PUBLIC HEARING IS REQUIRED.

>> I WOULD DENY UNANIMOUS CONSENT.

>> WE WILL DENY UNANIMOUS CONSENT THIS WILL AUTOMATICALLY MOVE TO JULY 8 MEETING AND THE PUBLIC HEARING WILL MOVE WITH

THAT. >> THAT IS CORRECT.

[10.a.1. Duke Circle. Conditional use approval for a performance residential development (multiple-unit development). Property located at 1908 Opelika Road. ]

>> EVERYBODY COMFORTABLE WITH THAT? ALL RIGHT. RESOLUTIONS.

>> ITEM 10 A 1, PETITION FOR CONDITIONAL USE APPROVAL PERFORMANCE RESIDENTIAL DEVELOPMENT MULTIUNIT ON PROPERTY LOCATED AT 1908 OPELIKA ROAD KNOWN AS DUKE CIRCLE RECOMMENDED APPROVAL OF THE APPLICATION BY VOTE OF 7-0,

PUBLIC HEARING IS REQUIRED. >> MOVE FOR APPROVAL.

>> SECOND. >> MOTION AND SECOND WE WILL OPEN THE PUBLIC HEARING, IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL PLEASE COME FORWARD GIVEN NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE FIVE MINUTES TO SPEAK. SEEING NO ONE WE WILL CLOSE THE PUBLIC HEARING. COMMENTS OR QUESTIONS

FROM THE COUNCIL? >> I HAVE ONE. IF YOU HAVE EVER DRIVEN OVER THERE THIS IS THE ROUGHEST ROAD YOU WILL EVER DRIVE ON. IT IS ROUGHER THAN ANYTHING YOU CAN IMAGINE SO IT'S GOING TO BE GREAT TO HAVE THIS PROJECT GO FORWARD AND I LOOK FORWARD TO SEEING HOW IT'S GOING TO WORK. NOW I'M NOT SURE IF IT'S GOING TO BE OPELIKA ROAD ADDRESS OR DUKE CIRCLE OR ALL OF THE ABOVE EXACTLY WHAT'S GOING TO BE DEVELOPED, NOT CLEAR ON THAT. DO WE HAVE ANY INFORMATION ON ENTRYWAYS AND

WHAT'S GOING TO BE DEVELOPED? >> THERE IS INFORMATION IN THE PACKET AND THERE WILL BE A LOT TO BE DISCUSSED CONCERNING ACCESS MANAGEMENT AND THEY WANT TO STRESS DUKE CIRCLE IS A PRIVATE STREET. WE DO NOT TAKE OWNERSHIP OR RESPONSIBILITY FOR THE MAINTENANCE OF THAT STREET HOWEVER IT COULD HAVE AN ADDRESS ON OPELIKA ROAD BUT ALSO AS CURRENTLY IT ADDRESSES OFF THE PRIVATE HISTORY OF DUKE CIRCLE. SO IT COULD BE AN ADDRESS EITHER

WAY. >> FOR ADDITIONAL CONTEXT. THIS IS THE STREET THAT IS RIGHT NEXT TO LAREDO'S SO IT WILL DEFINITELY BE A HUGE IMPROVEMENT .

>> IF I COULD ADD DISCUSSION ACCESS MANAGEMENT WE WILL LOOK AT CROSS CONNECTIONS FOR FUTURE CONNECTIONS TO ADJACENT

DEVELOPMENTS AS WE LOOK AT THAT. >> ANYONE ELSE?

>> THE CITY TAKE OVER THE MAINTENANCE OF THIS ROAD?

>> THAT'S NOT THE INTENT. IT WOULD STILL BE A PRIVATE STREET.

>> MOTION AND SECOND, ALL IN FAVOR PLEASE SAY AYE. ANY

[10.a.2. KFT Alabama Expansion. Industrial use (manufacturing facility). Property located at 272 Technology Parkway.]

OPPOSED? AND THE MOTION CARRIES. >> ITEM 10 A 2. CONDITIONAL USE APPROVAL BY KFT ALABAMA EXPANSION. INDUSTRIAL USE (MANUFACTURING FACILITY). PROPERTY LOCATED AT LOCATED AT 272 TECHNOLOGY PARKWAY FOR INCREASE IN THE SQUARE FOOTAGE AND PLANNED EXPANSION OF CAVE T ALABAMA PLANNING COMMISSION RECOMMENDED APPROVAL OF APPLICATION VOTE OF 70 PUBLIC HEARING IS REQUIRED.

>> MOVE FOR APPROVAL. >> MOTION AND SECOND. OPEN THE PUBLIC HEARING. IF YOU WOULD LIKE TO ADDRESS CITY COUNCIL PLEASE COME FORGIVE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU HAVE FIVE MINUTES. SEEING NO ONE WE WILL CLOSE THE PUBLIC HEARING. COMMENTS OR QUESTIONS FROM THE COUNCIL? OKAY ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSED? THE MOTION CARRIES.

[10.a.3. Shug Jordan Parkway Substation. Public service use (electric utility substation). Property located at 1515 Shug Jordan Parkway.]

>> ITEM 10 A 3 FOR CONDITIONAL USE APPROVAL BY ALABAMA POWER COMPANY FOR THE SHUG JORDAN PARKWAY SUBSTATION. PUBLIC SERVICE USE (ELECTRIC UTILITY SUBSTATION). PROPERTY LOCATED AT 1515 JORDAN PARKWAY

[00:25:05]

APPLICATION BY VOTE OF 7-0. >> MOVE FOR APPROVAL.

>> SECOND. >> MOTION AND SECOND PUBLIC HEARING IF YOU LIKE TO ADDRESS CITY COUNCIL PLEASE COME FORWARD GIVE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU HAVE FIVE MINUTES. WE WILL CLOSE THE PUBLIC HEARING, COMMENTS OR QUESTIONS FOR THE COUNCIL? DO WE KNOW WHAT'S GOING TO BE ON THE REMAINDER OF THIS PARCEL? THEY ARE ONLY USING HALF OF IT OR 1/3 OF IT. ANY PLANS ON THE REMAINING PIECE?

>> OWN AND OPERATE THE ENTIRE THING THERE WILL NOT BE FUTURE

DEVELOPMENT. >> OKAY.

>> BRIEFLY, THERE'S QUITE A BIT OF STUFF COMMENT ON SCREENING, PARKING, LANDSCAPING SO THERE WILL BE A FORMAL REVIEW PROCESS, DEVELOPMENTAL REVIEW PROCESS. SO, AM I READING THAT RIGHT? ARE ALL THE RESTRICTIONS OR CRITERIA GOING TO BE PLACED ON THIS

CONDITIONAL USE? >> WHEN THE STAFF COMMENTS ARE WRITTEN, A LOT OF THEM ARE POINTING OUT THINGS THAT HAVE TO BE DONE AS PART OF THE DESIGN THAT WILL BE ADDRESSED DURING THE DOT PROCESS. THESE ARE NOT NECESSARILY CONDITIONS THAT WOULD RELATE TO THE APPROVAL BUT IT WOULD BE ITEMS WE WORK OUT IN THE DOT PROCESS. WHEN THEY SUBMIT THEIR PLANS.

>> FOR INSTANCE YOU CAN'T PARK ON THE PROPERTY? YOU CAN ONLY PARK ON ACCESS ROAD, WILL THAT BE REQUIREMENT BEFORE THEY CAN USE THE PROPERTY FOR THIS PURPOSE?

>> THAT IS A COMMENT ACKNOWLEDGING THAT SO YES. THIS IS NOT AN AREA THAT IS GOING TO BE HIGH-INTENSITY FOR YEARS, IT'S JUST ADDRESSING WITH A PARKING WOULD OCCUR AS OPPOSED TO A LOT OF TIMES MOST EVERYTHING REQUIRES A CERTAIN AMOUNT OF PARKING THERE IS NO REQUIRED PARKING FOR THIS

PARTICULAR USE. >> THANK YOU MUCH.

>> ANYONE ELSE? OKAY ALL IN FAVOR PLEASE SAY AYE. ANY

OPPOSED? AND THE MOTION CARRIES. >> ITEM 10 A 4 IS A PETITION FOR

[10.a.4. United Rentals. Road service use (equipment rental and storage). Property located at 2490 South College Street.]

PROPERTY LOCATED AT 2490 SOUTH COLLEGE STREET. COMMISSION RECOMMENDED APPROVAL WITH CONDITION OF THIS APPLICATION BY VOTE 7-0. A REMINDER WE HAVE PROVIDED IN YOUR PACKET, UPDATE TO YOUR PACKET WITH THE PLANNING COMMISSION RESOLUTION THAT REFLECTS CONDITION PLACED ON THE RECOMMENDATION. I WILL READ THAT FOR YOUR BENEFIT. EQUIVALENT STRUCTURE SHALL REMAIN STORED ON THE PROPERTY IN AREAS CONSISTENT WITH LOCATIONS OUTLINED IN THE APPROVED SITE PLAN. THERE WAS A SITE PLAN PROVIDED IN THE PACKET IN THE STAFF REPORT THAT IDENTIFIED CERTAIN AREAS WHERE THE NEW ITEMS WOULD BE STORED. PUBLIC HEARING IS REQUIRED.

>> MOVE FOR APPROVAL. >> SECOND.

>> MOTION AND SECOND, WE WILL OPEN THE PUBLIC HEARING. IF YOU LIKE TO ADDRESS IT AGAIN SO GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, YOU HAVE FIVE MINUTES TO SPEAK TO THE COUNCIL.

>> I AM THE APPLICANT. IF IT IS APPROPRIATE FOR ME TO SPEAK DURING THIS TIME. MICHAEL ROGERS OWNER OF MR DESIGNS , THREE 380 IN EL DORADO, ARKANSAS. WE PRESENTED THURSDAY NIGHT AND HAVE BEEN WORKING WITH THE CITY TO PROVIDE THE SITE PLAN, THIS IS EXISTING UNITED RENTAL SITE. I AM AN ARCHITECT IN SOUTH ARKANSAS. WE REPRESENT UNITED RENTALS NATIONALLY. THIS IS ONE WITH NO NEW PROJECT WE ARE REPRESENTING, YOU'RE GETTING THROUGH CONDITIONAL USE PERMIT ON BEHALF OF THE CLIENT. AGAIN THIS IS EXISTING LOCATION AND WHAT WE'RE LOOKING TO DO IS CHANGE BRANCH TYPE FROM A POWER GENERATING COMPANY WHAT WE CALL RELIABLE ON-SITE SERVICE , IN LAYMAN'S TERMS PORTA POTTIES.

TRAILERS, SCREENINGS AND THINGS LIKE THAT. WE HAVE LOOKED AT ALL THE SITES AND WE HAVE MULTIPLE BRANCHES OF THE SITES ANYWHERE FROM MONTGOMERY, ALABAMA, DES MOINES, IOWA, TULSA, CHICAGO THAT WE ARE WORKING WITH NOW. WE UNDERSTAND WE WANT TO BE A GOOD NEIGHBOR. SO WHENEVER WE GO TO THESE SITES THE REASON WE PROVIDED THE LAYOUT FOR THE PLANNING DEPARTMENT WAS SO WE COULD MAKE SURE WE WERE VERY STRICT ON WHERE WE WERE PUTTING THINGS, WHAT WOULD BE VISIBLE, WHAT WOULD NOT BE VISIBLE, ALL

[00:30:03]

TIME. >> I FEEL LIKE YOU WILL HAVE SOME QUESTIONS. WE WILL LET SOME OF THE FOLKS SPEAK IF THEY WOULD LIKE TO. ANYONE ELSE THAT WOULD LIKE TO SPEAK FOR THE PUBLIC HEARING? ANYONE? OKAY. WE WILL CLOSE THE PUBLIC HEARING.

ANYBODY FROM THE COUNCIL WITH A COMMENT OR QUESTION I WOULD ASK TO LIKE TEST THE APPLICANT TO COME FORWARD. PLEASE.

>> GOOD EVENING, SIR. WHAT AREA WILL YOU BE SERVICING? STRUCTURE, SO THERE ARE THREE DIFFERENT THINGS WE WILL BE UTILIZING. UNITED RENTALS FROM EL DORADO, ARKANSAS WE HAVE ONE AND IT KEEPS EVERYTHING ON-SITE FROM EQUIPMENT TO POWER GENERATING EQUIPMENT TO THE PORTA POTTIES. THERE MULTIPLE UNITED RENTAL SITES WE ARE MOVING TO WITH MULTIPLE BRANCHES SO THIS IS A REGIONAL SITE WHERE THE ROW AUBURN AND GREATER AUBURN REGION WE WILL BE PROVIDING THOSE MAINLY TO COMMERCIAL BUSINESSES, CONSTRUCTION SITES, AND EVENTS NEEDING TO TAKE PLACE BUT WHAT WE DO IS COMMERCIAL TRAILERS SO WHENEVER WE HAVE EVENTS DOWNTOWN WHERE WE CAN PROVIDE ADA ACCESSIBLE UNITS AND MORE CAPACITY INSTEAD OF HAVING INDIVIDUAL UNITS. THE IDEAS THE MODEL WE HAVE SEEN PROVIDING TO THE SERVICE AREA IS MAINLY CONSTRUCTION SITES. THERE IS NOT ANY CUSTOMER TRAFFIC IT IS MAINLY PEOPLE WERE CALLING AND PLACING AN ORDER AND WE ARE DELIVERING AND IT IS KEY TO KNOW

[00:35:01]

>> SO THERE IS NO CLEAN UP. >> NOT ANY CLEANUP GOING ON AND THERE WILL BE STORAGE CONTAINERS SIMPLY FILLED WITH WATER SO THERE'S WATER PUT IN THE UNITS WHEN THEY LEAVE THE SITE AND

THEY SHOW UP ON A JOB SITE. >> ANY IDEA HOW MANY UNITS WE

ARE TALKING ABOUT? >> I DO NOT, I ASKED THE QUESTION TODAY AND WE COULD HAVE TWO OR 100 IT DEPENDS ON WHERE WE ARE IN THE VOLUME AS FAR AS IF THEY ARE OUT SOMEWHERE OR IF THEY ARE IN. AS FAR AS WHAT WE CONSIDER THE PORTA POTTIES THAT'S THE CONCERN BUT IT IS WHERE THE PORTA POTTIES TO BE TWO OR 100 STACKED NEATLY IN THE AREA MAINLY SHIELDED BY THE BUILDING. THERE MAY BE A DOZEN TRAILER UNIT STACKED AGAINST THE FENCE OR ONLY TWO TRAILER UNITS, IT DEPENDS ON THE DEMAND AT THE

TIME. >>

>> OH YES, MOST DEFINITELY. IS GOING TO BE SOMETHING WE CONSIDER A NICE CARGO TRAILER LIKE A TOTAL TRAILER , A WHITE TRAILER WITH DOORS, STEPS AWAY RAMP UP TO IT.

>> OLDER OR ANYTHING BROUGHT TO THE SITE. THERE IS NO DUMPING ON SITE. ALL OF THAT HAPPENS OFF SITE. THIS IS SIMPLY A DISTRIBUTION YARD FOR THE PRODUCT.

>> THANK YOU. >> THE MAXIMUM NUMBER OF UNITS

YOU ARE SAYING WOULD BE 100? >> THEY ARE SAYING THERE COULD BE UP TO 100 AT THAT POINT. I DON'T HAVE A FIRM NUMBER , A LOT OF THAT IS DEPENDING ON WHAT THE REGION BRINGS. IF YOU ARE ABLE TO DO MORE BUSINESS IN THE REGION AND BEING ABLE TO HAVE MORE UNITS SO THERE'S MORE UNITS IN THE AREA WITH A TIME OF A WEEK OR TWO WHERE MOST OF THEM ARE BACK BEFORE THEY GO OUT AGAIN IT IS LIKE ANY OTHER DISTRIBUTION AREA WHERE YOUR PRODUCT GOING IN AND OUT LIKE A RENTAL CENTER. IT MIGHT BE A DAY WE WALK IN AND ALL THE PRODUCTS ARE GONE. SOMETIMES YOU WALK IN AND WE HAVE PLENTY. WE WOULD LOVE FOR THEM TO BE GONE ALL THE TIME BUT WE WANT TO BE AWARE THERE ARE TIMES WHERE THERE'S NOT A LOT OF FESTIVALS OR EVENTS AND THERE MAY NOT BE A SEASON WITH A LOT OF CONSTRUCTION WHERE THE PRODUCTS WILL BE BACK AND IF THAT'S THE CASE THE PRODUCTS WILL GO TO A DIFFERENT SITE SOMEWHERE ELSE WHERE THEY ARE UTILIZED BUT IT IS LIKE ANY OTHER BUYING AND SELLING MODEL. WE WANT PRODUCTS OUT IN THE FIELD AS MUCH AS POSSIBLE NOT SITTING ON THE SITE.

>> WHAT IS THE SIZE VEHICLE MOVING THESE TRAILERS?

>> THE SIZE VEHICLE I MEAN, MOST OF THESE YOU HAVE MULTIPLE DIFFERENT UNITS. YOU HAVE A LIKE PUMP TRUCK GOES IN AND OUT, THAT'S THE MAJORITY OF WHAT YOUR COMMERCIAL VEHICLE IS THAT IS SIMPLY PARKED OVERNIGHT GOES OUT IN THE MORNING. KNOW IF WE ARE LOOKING AT THE TRAILER ASPECTS, THOSE CAN BE USED WITH MY CHEVY SILVERADO, THERE'S NOT A LARGE TRUCK THAT HAS TO USE THESE, IT IS A BUMPER HITCH AND IT DOES NOT REQUIRE A LARGE-SCALE SEMITRUCK OR ANYTHING LIKE THAT.

>> WHAT ABOUT THE PLASTICS? >> PLASTICS ARE MOVED WITH THE PUMP TRUCK TO WHERE THEY ARE WITH THEM TO WHERE THERE'S NOT A LARGE PIECE OF EQUIPMENT. THIS IS NOT LIKE 18 WHEELER IN OR OUT

AT THE SITE. >> FOR MY OWN EDIFICATION, THE PUMP TRUCK THAT PUMPS WATER OR STUFF IN AND THEN OUT?

[00:40:04]

>> THAT IS ONE WHERE IT IS COMING IN EITHER FILLING WITH WATER , SO A LOT OF TIMES , HERE I AM AN ARCHITECT TALKING ABOUT THIS. MY UNDERSTANDING IS WHERE WE TRADE THE UNIT AND A UNIT NEEDED TO BE CLEANED IT IS THERE AND FILLED WITH WATER ON SITE.

THE OTHER UNIT IS TAKEN AND DUMPED AND BROUGHT BACK TO SITE FOR PRETTY MUCH A TRADE OUT SO WE ALWAYS HAVE ONE ON SITE. IT

IS LIKE A WATER TRUCK. >> WHEN IS IT DUMB?

>> I BELIEVE THERE'S A LOCAL AREA NOW I DON'T KNOW WHERE THEY ARE DUMPED TO BE HONEST. USUALLY THERE'S A DUMPING STATION WITH SANITARY DEPARTMENT.

>> THEY SHOULD BE DUMPING AT THE AC MORGAN PLANT, WE HAVE A

RECEIVING STATION. >> GOTCHA.

>> WILLOUGHBY WASHED THERE? >> USUALLY THERE CLEANED OUT THERE AS WELL YES. WHEN THEY COME BACK TO THE SITE THEY ARE

CLEANED. >> THEY CAN RINSE OUT IF THEY

NEED TO. THEY WILL PAY FOR IT. >> IT'S THE SAME LIKE THESE ARE MAINTENANCE AT THE SITE WHERE WE HAVE PEOPLE WHO SHOW UP AND THEY'RE GIVING IT RINSING DOWN AND HAS TO BE DUMPED THAN IT HAS TO BE DUMPED THERE SEVERAL PROCESSES WE DO TO MAKE SURE THEY ARE CLEAN EVEN WHEN ON SOMEBODY ELSE'S SITE.

>> I DROVE BY A COUPLE TIMES TO LOOK AT IT. I'M NOT SURE YOU WOULD BE THE RIGHT PERSON TO ANSWER THE QUESTION. WHOEVER, WHETHER ON THIS DAIS CHIME IN. THE TREES HERE THAT BLOCK THIS, WE ARE IN THE MIDDLE OF SUMMER SO THOSE ARE FULLY VEGETATION STRONG ALMOST. IN THE WINTERTIME DO THEY LOSE THEIR LEAVES IS IT MY SCREEN? IS THERE LESS COVER AT A CERTAIN TIME OF YEAR?

>> I DID NOT PAY THAT CLOSE ATTENTION TO THE TYPES OF TREES.

MY ASSUMPTION IS THEY WOULD LOSE THEIR LEAVES IN THE FALL.

THEY'RE NOT EVERGREEN. >> SO DURING THE FALL WHERE THE

WINTER . >> DEER HUNTING FROM A FEW WEEKS

AGO BUT IT IS GONE NOW. >> CAN YOU DESCRIBE WHAT'S GOING TO HAPPEN IN THE FENCING PANEL STORAGE AREA LOOK AT A

FENCING YOU TALKING ABOUT? >> IT WOULD BE SOMETHING SIMILAR TO A 10 FOOT SIX WOOD PANEL THAT SIMPLY LAYS DOWN ON THE PALLET THAT YOU WOULD SEE CONSTRUCTION FENCING WHEREVER THERE IS COMMERCIAL CONSTRUCTION PROJECT THAT IS GOING ON WITH TEMPORARY FENCING THAT NEEDS TO GO ON THOSE THOSE ARE BROUGHT TO THE JOB SITE, A LOT OF TIMES YOU WILL SEE THEM ON SITE THERE THE PANELS WITH THE LEGS ON THE BOTTOM OF THE TIME THEY'RE STORED DOWN AND THE LEGS ARE DETACHED FROM THE BOTTOM. THAT IS AN AREA WHERE THE PANELS WOULD BE.

>> YOU MAY NOT BE THE RIGHT PERSON TO ENTER THIS LEAVE IT OPEN TO EVER CAN, THE SIDELINE FROM PARKS AND RECREATION FACILITIES, WE WILL HAVE HUNDREDS AND HUNDREDS OF PEOPLE VISITING THE CITY PARKING I SUPPOSE UP AND DOWN THE ROAD AND IN THE ELEVATED PORTION. ARE THEY GOING TO BE SEEN WITH ALL THE PLASTICS AND WHATNOT FROM THE SOFTBALL FIELDS?

>> YES. >> THAT IS AN AREA OF ORNAMENTAL FENCING THAT IS THERE AND IF WE NEED TO PROVIDE SCREENING ON THE FENCING ON THE BACKSIDE WE COULD IF THAT WAS A CONCERN. IT IS AT A LOWER ELEVATION. SO I WENT BY AND TOOK SEVERAL VIDEOS TO SUBMIT IF WE NEEDED TO BUT WHERE THE ROAD IS YOU ARE LOOKING DOWN AT THE SITE AS WELL SO IT IS WHERE THE FIELD, THERE'S A RISE ON THE ROAD BEFORE WE GO BACK DOWN TO THE SITE SO FROM THE FIELD SIDE THERE'S A LOT OF NATURAL BARRIER THERE BUT I WOULD NOT STAND HERE AND SAY , IT CERTAINLY NOT FULLY SCREENED BUT IT CAN BE WHERE WE PROVIDE SCREENING ON THE BACKSIDE OF THE ORNAMENTAL FENCING IF DESIRED. OUR GOAL IS TO BE A GOOD

NEIGHBOR. WE UNDERSTAND. >> MY CONCERN IS WILL HAVE HUNDREDS OR THOUSANDS OF VISITORS TO THE NICE SOFTBALL COMPLEX EITHER PARTICIPATING OR PARKING OR WHATEVER. AND I WILL LOOK UP AND SEE THE PERSPECTIVE OF AUBURN IS A BUNCH OF PORTA

[00:45:05]

SOME OF YOU HAVE BEEN DOWN LOOKING AT IT CLOSER THAN I HAVE OR EVEN PARKS AND RECREATION WANT TO WEIGH IN.

>> I DROVE AROUND THE AREA. YOU WOULD BE ABLE, I'M NOT SURE WHAT EFFECT THE FENCING WOULD HAVE. IT MIGHT OVER THERE. YOU WOULD DEFINITELY BE ABLE TO SEE THEM.

>> ANYONE ELSE? >> HOW MANY EMPLOYEES DO YOU

HAVE ON SITE? >> USUALLY WE KEEP ABOUT 12 EMPLOYEES, MOST OF THEM LEAVING THROUGHOUT THE DAY, HALF OF THEM ON SITE JUST FOR RUNNING OPERATIONS WHAT WE CALL IT.

>> FORKLIFT TYPE UNIT LOADING AND UNLOADING. SOME OF THE UNITS HAVE IT THE SAME WAY YOU HAVE A DUMPSTER ON THE BACK OF THE TRUCK IF YOU HAVE A COUPLE PORTA POTTIES ON THE BACK OF THE TRUCK THEY ARE SITTING THEM DOWN WITH VARIOUS TYPES OF TRUCK UNITS.

>> THE CONDITION THAT THE PLANNING COMMISSION WITH EQUIPMENT RECEPTORS REMAIN IN THE PROPERTY CONSISTENT TO THE LOCATIONS OUTLINED , YOU ARE ALL AMENABLE TO THAT WHEN THEY

BROUGHT IT UP? >> WE DEVELOPED THE SITE PLAN

YES. >> AND THE CONDITION IT WOULD

STAY. >> YES THAT'S WHY WE DEVELOPED IT. WE ARE COMPLETELY, WE DEVELOPED THE SITE PLAN THINKING ABOUT THE SIZE OF THE AREA DEVELOPING THE SITE PLAN AS FAR AS VISIBILITY AND WE FELT THAT WAS THE BEST FUNCTION AND ALSO BEING THE GOOD NEIGHBOR AT THE SAME TIME.

>> THINK YOU. >> IF I MAY, TO PIGGYBACK. I BELIEVE IT SAYS THE AREA HAS TO BE PAVED AND APPLIED PAVEMENT ASPHALT OR CONCRETE. IS THAT CORRECT AND YOU ARE AWARE OF THAT? YOU HAVE TAKEN THAT INTO CONSIDERATION.

>> THAT HAS NOT BEEN BROUGHT TO OUR ATTENTION.

>> THAT IS A SPECIAL DEVELOPMENT STANDARD.

>> THOSE SPECIAL DEVELOPMENT CENTERS THIS IS ONE REASON FOR THE COMMENTS IN THE STAFF REPORT FOR SOMETHING TO COUNTER REFERENCE WHEN WE GET DOWN THE ROAD WHEN THINGS ARE IMPROVING FOR THE DEVELOPMENT. SO THAT IS SOMETHING WE POINT TO, THINGS

THAT ARE OCCUPIED. >> THAT IS NOT A REQUIREMENT?

>> IT IS SOMETHING POINTED TO SO OFTEN TIMES WHEN WE HAVE THE MANUAL STANDARD AND ALL THESE THINGS THEY MAY BE BURIED IN THESE DIFFERENT ORDINANCES ARE DIFFERENT PLACES BUT TO DRAW ATTENTION TO THEN WE PUT THEM IN THE STAFF REPORT AND POINT TO THEM SO WHEN WE COME BACK IT IS DEVELOPED THIS IS IN THERE DON'T FORGET ABOUT THIS, THIS MUST BE DONE SO IT IS SOMETHING

THAT NEEDS TO BE DONE. >> THE AREA , IF AREA THAT THE PLASTICS ARE SUPPOSED TO GO IS NOT PAVED AND WE WERE TO PROVE THIS AND WE APPROVE SUBJECT TO THE ADDITION EVERYTHING IS PLACED WHERE IT IS SUPPOSED TO GO TO GET TO THE DOT REVIEW ARE

YOU SAYING? >> THE CONDITION REFERENCES THE SHADED AREA AND HATCHED AREAS REFERENCING THE SPATIAL LOCATIONS OF WHAT THEY'RE TALKING ABOUT. CONDITIONS OF THE SITE AND SPECIAL DEVELOPER STANDARDS ARE DIFFERENT SO THAT'S IN ADDITION, NOT REALLY BOUND BY WHAT'S ON THE SITE PLAN. IT ALREADY EXISTS SO THAT'S ALSO KIND OF A REASON FOR POINTING IT OUT.'S WHAT THEY WON'T GET A ZONING CERTIFICATE IF THEY DO NOT COMPLY WITH THE REQUIREMENTS.

>> I'M CURIOUS ARE YOU AWARE? OUTSIDE DISPLAY OF VEHICLES EQUIPMENT OR OTHER MERCHANDISE FOR SALE, LEASE OR STORAGE SHALL

BE ON PAVED SURFACE. >> THAT HAS NOT BEEN BROUGHT UP IN OUR DISCUSSIONS OR IN THE PLANNING SO WE WANT TO BE SURE WE ARE CLEAR, SINCE WE ARE THE BUSINESS OWNER NOW WE ARE NOT CHANGING THE BUSINESS AND WE SPECIFICALLY SAID WE DO NOT INTEND TO DO ANY IMPROVEMENT ACROSS BUILDINGS OR THE SITE OTHER THAN CHANGING OUT THE UNITS. I WANT TO BE SURE I AM CLEAR ON MY UNDERSTANDING OF THIS SO IT WOULD BE IF WE CHANGE BUSINESS MODELS, NOT BUSINESS BUT THE SAME TENANT AND CHANGED THE TYPE OF BUSINESS I WOULD BE REQUIRED TO PAY THE ENTIRE SITE

[00:50:01]

PAY THE ENTIRE SITE. >> I'M NOT SAYING YOU HAVE TO PAY THE WHOLE SITE DON'T GET ME WRONG. JUST WHERE YOU HAVE THE EQUIPMENT , WHERE THE EQUIPMENT ACTUALLY SITS AND RESIDES HAVE TO BE PAID. IS THE ENTIRE LOT PAVED?

>> LOOKING AT THE AERIALS THAT WOULD BE A QUESTION FOR THEM.

FOR US THIS WOULD HAVE TO BE DONE , THEY WOULD HAVE TO MEET IT TO GET THE ZONING CERTIFICATE AND THE REASON IT'S TRIGGERED IS THE CONDITIONAL USE PERMIT SO THEY CONTINUE TO OPERATE AS THEY WERE TODAY THEY WOULD HAVE TO MAKE THESE IMPROVEMENTS BUT WHEN YOU DO ANOTHER CONDITIONAL USE PERMIT EVERYTHING MUST COMPLY TO

GET THE ZONING CERTIFICATE. >> I'M PRETTY SURE THE BACK

AREA IMAGES FROM DRIVING BY. >> JUDGING FROM THE AERIAL NONE

OF IT IS PAVED. >> I'M PRETTY SURE THE BACK AREA IS NOT PAVED SO TO PUT THOSE IN THAT SPOT IT WOULD HAVE

TO BE PAVED? >> THE PATTERN WOULD BE

COMPLIANT WITH THAT. >> YOU SAID THE PAD?

>> YEAH, SO PRETTY MUCH EVERYTHING MATCHING LIKE WHERE THEY SAY THEY WOULD STORE THE ITEMS. THEY WERE TO REPORT PADS THAT WOULD BE FINE. THAT SOMETHING WE WOULD TALK ABOUT

EVENTUALLY. >> ANY PRODUCT WOULD BE

CONSIDERED EQUIPMENT? >> OTHER MERCHANDISE FOR SALE OR LEASE. SO THAT COVERS THE LEASE I SUPPOSE.

>> CLARIFYING COUNCIL MEMBER GRISWOLD IS READING FROM THE STAFF REPORT SO THAT WAS IN THE STAFF COMMENTS REGARDING THIS

APPLICATION. >> WE HAVE SPECIFICALLY STATED NO SITE IMPROVEMENT HAD BEEN PLANNED. THE ONLY THING REQUESTED OF US WAS PRETTY MUCH THE LAYOUT.

>> THAT BEING THE CASE DOES THAT CHANGE YOUR THOUGHTS ON MOVING FORWARD WITH THE CONDITIONAL USE AND THIS CHANGE OF PURPOSE OF

THIS FACILITY? >> AS I AM REPRESENTING THE CLIENT THAT WOULD NOT BE MY DECISION. WE WOULD HAVE TO FULLY UNDERSTAND WHETHER WE ARE TALKING ABOUT COMPACTED MAILINGS ASPHALT ARE WE TALKING CONCRETE? ARE WE TALKING ABOUT DRIVE LANES, ACCESSING ALL AREAS OF THE SITE THE DRIVE PATHS, WHEN WE TALK WHAT EQUIPMENT DOES THAT MEAN FENCING PANELS, THAT EQUIPMENT? THERE ARE MANY QUESTIONS I WOULD HAVE TO KNOW EXACTLY WHERE WE WOULD HAVE TO HAVE THIS DONE.

>> SURE. YOU KNOW, THIS AREA WE ARE TALKING ABOUT WITH THE SOFTBALL COMPLEX WAS DEVELOPED, THERE WERE BATTING CAGES, A GO KART TRACK, INDOOR ARCADES . IT WAS NOT ABLE TO SUSTAIN ITSELF AND UNITED RENTAL HAD BEEN THERE FOR A WHILE. THERE'S A GENTLEMAN JUST OPENED A NEW RESTAURANT UP THE HILL. MR. GRISWOLD SAYS THERE'S THOUSANDS OF PEOPLE WHO GO THROUGH THE COMPLEX EVERY YEAR EXIT 51 SOUTH COLLEGE STREET WHICH GOES THROUGH THE HEART OF OUR CITY. I AM PERSONALLY UNCOMFORTABLE PUTTING A DISTRIBUTION CENTER FOR PORTA POTTY'S IN SUCH A KEY STRATEGIC PLACE, THAT'S MY PERSONAL FEELING. I AM THANKFUL FOR THE PORTA POTTY AND SERVICE THAT THEY SERVE, THANKFUL FOR THE SERVICE IN THE COMMUNITY EVERY FOOTBALL SATURDAY IN AUBURN BUT TO HAVE ONE IN A SENSITIVE STRATEGIC LOCATION PERSONALLY MAKES ME UNSETTLED. TO SAY TO THE COMMUNITY THAT THIS IS A DISTRIBUTION CENTER FOR THE PORTA POTTY, WELCOME TO AUBURN. BUT YOU HAVE DONE A GREAT JOB AND APPRECIATE YOU DRIVING OVER HERE FROM ARKANSAS. ALL THE QUESTIONS YOU HAVE ANSWERED IN A PROFESSIONAL MANNER AND YOU HAVE BEEN THROWN SOME THINGS YOU DID NOT REALIZE TONIGHT AND YOU HAVE DONE WELL

SO THANK YOU FOR THAT. >> IF YOU DON'T MIND.

>> I WANT TO MAKE SURE THAT YOU ARE CLEAR OF THE TERMS AS I AM READING THEM, AS WE ARE READING THEM HERE THAT IT WOULD MEAN THERE WOULD BE MULTIPLE AREAS ON-SITE THAT WOULD NEED TO BE POURED OR PAVED , WHATEVER THE DEFINITION IS TO INCLUDE THE

[00:55:01]

YOU CORRECT? >> FOR THE DISCUSSION WE HAVE HAD AT THIS SITE, YES. THEY HAVE NOT BEEN BROUGHT UP AND THE PLANNING DEPARTMENT, THIS IS NOT , THESE ARE NOT , THESE ARE NOT JUST DISCUSSIONS WE HAVE HAD. LIKE I SAID WE HAVE MULTIPLE OF THESE SITES AND I UNDERSTAND THE REQUEST. LAST NIGHT I WAS IN TEMPLE, TEXAS AND IT IS A REQUEST THAT IS THERE. THE ENTIRE SITE HAS TO BE PAVED. AND WE PUT VALUATION TO WHAT THE CONDITIONS ARE AND WE DECIDED WHETHER WE ARE GOING TO DEVELOP OR NOT. IT SOUNDS AS IF , NOT READING INTO THIS, BUT IF THE VOTE IS THIS TYPE OF DEVELOPMENT IS NOT PROHIBITED AND NOT MOVING FORWARD, THEN AT THE END OF THE DAY NOT PARSING WORDS OR ANYTHING THAT DOES NOT MATTER BECAUSE WE CAN CONTINUE THE BUSINESS MODEL AND WE CAN KEEP A GRAVEL YARD. I DON'T KNOW THAT'S WHAT WE WANT TO DO. I WANT TO IMPROVE THE SITES, CONTINUE WITH THE BRANCH, PUT A UNIT THERE THAT WE FEEL IS GOING TO SERVE THE AREA. WE KEEP OUR UNITS TIDY AND CLEAN. THERE'S A REASON WHY WE DO OPERATIONS THE WAY WE ARE. IT IS REALLY A QUESTION, I ASKED THE COUNCILMEMBER THIS MORNING, WHERE WOULD YOU LIKE THEM? BECAUSE WHEREVER IT IS, THERE'S GOING TO BE SOME REASON WE DON'T WANT TO LOOK AT A PORTA POTTY. WE LOVE LOOKING AT THEM AT THE GAMES. BECAUSE WE NEED THEM. WE ALSO NEED SOME PLACE FOR THEM AND A BUSINESS TO OPERATE THEM. SO THERE ARE TWO SIDES OF THAT. SO THAT IS WHERE YOU HAVE AN ARCHITECT REPRESENTING THAT BECAUSE WE TAKE THAT SERIOUSLY AS WELL. WE DON'T THINK OF IT AS A JOKE OR ANYTHING AND IT IS WHAT IT IS. WE WANT TO MAKE SURE THE BUSINESS MODEL WE ARE PUTTING IN PLACE IS BEING A GOOD NEIGHBOR, THAT WE GO TO THE PROCESSES. WE WORK WITH THE LOCAL PLANNING DEPARTMENTS AND MAKE SURE THAT HAPPENS. THAT'S WHY WE CAME OVER THURSDAY NIGHT TO BE SURE WE SPOKE ON THE MATTER AND ANSWERED QUESTIONS. THAT'S WHY I'M HERE TONIGHT TO ANSWER ANY QUESTIONS. SO IT'S NOT JUST LEFT UP TO THE IMAGINATION WHAT THIS IS GOING TO BE. IT IS TO WE ARE SAYING THIS IS WHAT IT IS.

>> ANYONE ELSE? >> FOR THE LAST 25, 30 YEARS, THIS SITE HAS NOT LOOKED THE SAME AS IT DOES NOW. THE TREES HAVE MATURED SIGNIFICANTLY AND PROVIDED A LOT OF SCREENING.

LIKE TO INSTITUTIONALIZE AND FORMALIZE THAT SCREENING BECAUSE IT IS TO EVERYBODY'S ADVANTAGE THAT THE TREES STAY AND IT BECOME PART OF THE AGREEMENT. SO IF WE DO EXTEND AN AGREEMENT THAN THOSE TREES HAVE TO BE PART OF THE LANGUAGE, I GUESS. I CANNOT THINK OF ANYTHING BETTER OR A BETTER SCREENING DEVICE, BUT WE ARE BLESSED WITH THE TREES BY GOD PROVIDING US THAT

SCREENING ABILITY. >> OF THE TREES ON OUR RIGHT-OF-WAY? DO WE CONTROL THE TREES?

>> THAT WOULD BE NOT ON THE RIGHT-OF-WAY FROM WHAT I CAN TELL. THEY ARE ON PRIVATE PROPERTY. YOU CAN PUT A CONDITION TO MAINTAIN THE EXISTING VEGETATION THAT IS A CONDITION APPLIED TO REQUEST. SO

THAT IS SOMETHING TO CONSIDER. >> WE WILL SEE THE TREES SCREENING THE PROPERTY ARE NOT BETWEEN THE PROPERTY UNITED RENTALS IS ON AND THE REAL ESTATE, THE TREES ARE ACTUALLY TO THE PROPERTY TO THE WEST , THEY'RE THE ONES THAT ARE SCREENING THE PROPERTY. THE FENCE LINE ON THE PROPERTY WE ARE TALKING ABOUT HAS SOME VEGETATION BUT NO MATURE TREES.

IT IS PROPERTY TO THE WEST THAT HAS THE TREES PROVIDING THE

SCREENING. >> ANYONE ELSE?

>> HAVE SOME QUESTIONS FOR STAFF.

>> THANK YOU, SIR. WE APPRECIATE IT.

>> HOLD ON ONE SECOND. >> CAN WE CLOSE THE PUBLIC HEARING? CLOSE THE PUBLIC HEARING, WE ARE GOOD. THANK YOU

FOR YOUR PATIENCE. >> FOR STAFF, THE FUTURE LAND

[01:00:05]

>> SO THE FUTURE LAND USE PLAN, WE PROVIDED AS INFORMATIONAL TO THE PLANNING COMMISSION AND TO YOUR BODY AND SINCE WE DO MAKE RECOMMENDATIONS ANYMORE IT IS JUST INFORMATION PROVIDED. I WILL STATE THE PROPOSED CONDITIONAL USE WOULD NOT COMPLY WITH FUTURE LAND USE PLAN BUT IT IS CONDITIONAL USE UNDER THE

EXISTING ZONING DISTRICT. >> THE OTHER QUESTION, SINCE STAFF COMMENTS DO NOT INCLUDE PARKS AND RECREATION I WOULD LIKE TO HEAR WHAT YOU HAVE TO SAY. SINCE THIS IS DIRECTLY ADJACENT AS ONE OF THE PROPERTY OWNERS SO TO SPEAK OF THE ADJACENT PROPERTIES. PUT YOU ON THE SPOT.

>> THIS IS THE FIRST CHANCE I AM SEEING THE SITE LAYOUT SO I AM LEARNING THIS, THIS EVENING. IT WOULD BE VIEWABLE FROM THE SOFTBALL COMPLEX. WE ARE CURRENTLY MAKING IMPROVEMENTS TO THE SOFTBALL COMPLEX WITH THE TURF RENOVATION PROJECT SO WE PLAN TO CONTINUE TO USE THE SITE FOR MANY YEARS TO COME FOR NOT ONLY LOCAL PLAY, BUT AS WELL AS TOURNAMENTS WE BRING TO THE COMMUNITY. SO OF COURSE WE WANT IT TO HAVE COME UP OUR BEST FOOT

FORWARD. >> IT IS DISAPPOINTING THAT STAFF HAS NOT COORDINATED THIS WITH VARIOUS DEPARTMENTS SINCE THEY ARE LISTED AS THE ADJACENT PROPERTY ON BOTH THE SOUTH AND WEST , YOU WOULD THINK LIKE ANY CITIZEN IT WOULD BE OPPORTUNITY

PROVIDED. >> STAFF TO LOOK AT THIS IT IS THE CITY OF AUBURN PROPERTY SO STAFF TO TAKE THAT UNDER CONSIDERATION. THERE WERE NO OTHER REGULATIONS WE COULD APPLY WITH WHAT THE COMMENTS WERE PROVIDED IN HERE RELATED SPECIFICALLY TO THE ZONING ORDINANCE .

>> OKAY. >> ANYONE ELSE?

>> SO I MEAN WE CAN CERTAINLY VOTE. THERE ARE SOME CONDITIONS THE COUNCIL IS INTERESTED IN APPLYING THAT CAN BE DISCUSSED.

WE CAN POSTPONE. I WANT DIRECTION FROM THE COUNCIL.

>> WHEN I FIRST CAME HERE I WAS PLANNING ON VOTING NO , BUT HEARING THAT IT WILL NOT CLEAN THEM UP, IT WILL BE CLEAN AND NEAT AND ORDERLY I THINK IT SOUNDS LIKE A PRETTY GOOD. I THINK I CAN VOTE FOR IT NOW TO PROVE IT. I THINK A GOOD POINT BASICALLY SURROUNDED BY TREES AND IT HAD NOT BEEN THAT WAY THE WHOLE TIME. I JUST THINK IT IS SOMETHING I COULD SUPPORT. THE REST OF THE COUNCIL DOES NOT FEEL THAT WAY I UNDERSTAND.

UNDERSTAND BOTH SIDES BUT I FEEL LIKE THEY WANT TO KEEP , CLEAN THEM UP THERE, LOADED AND UNLOADED AND THE TRUCKS DO NOT SOUND LIKE THEY WILL BE TOO BIG COMING IN AND OUT SO I DON'T THINK IT WILL HAVE ODORS OR ANYTHING LIKE THAT SO I CAN SUPPORT BUT I CERTAINLY UNDERSTAND.

>> YOU WOULD BE GOOD MOVING FORWARD WITH A VOTE TONIGHT?

OKAY. ANYONE ELSE? >> QUICK QUESTION IF WE MOVE FORWARD WITH A VOTE TONIGHT AND THE APPLICANT DETERMINES IS NOT FEASIBLE TO PROCEED WITH THE VARIOUS REQUIREMENTS, THEN

WITHDRAW? >> I WOULD PRESENT IT WAS VOTED AFFIRMATIVE AND THE APPLICANT DECIDED THEY DID NOT WANT TO PURSUE THE PAVING WHAT WOULD HAPPEN AT THAT POINT AND TIME,

MR. CUMMINGS? >> IF THEY WOULD NOT PROCEED WITH CONDITIONAL USE THE CONDITIONAL USE WOULD EVENTUALLY EXPIRE IN 18 MONTHS SO THAT'S ONE THING AND IF THEY DON'T DO THE PROJECT THAT DOES HAPPEN TIME TO TIME.

>> VOTE IN THE AFFIRMATIVE THAN THEY HAVE TO PAVE THE PARKING

LOT AND OTHER KIND OF STUFF. >> THEY WOULD HAVE TO COMPLY

WITH THOSE SPECIFIC AREAS. >> CONDITIONAL USE WOULD RUN

WITH THE LAND? >> YES IT DOES.

>> IF UNITED RENTALS WAS EVER SOLD THEN A TENANT COMES IN AND OBVIOUSLY HAVE TO COMPLY WITH THE SAME RULES WE HAVE HERE BUT THEY MAY NOT KNOW WHAT CONDITIONS , THESE UNITS OR THEY

[01:05:04]

AT THIS PARTICULAR POINT. >> YES.

>> IT CONCERNS ME FROM A LONG-TERM PERSPECTIVE AS WELL RUNNING WITH THE LAND. AS YOU MENTIONED MAYOR IT IS A VERY FOCAL POINT WHEN YOU ARE ARRIVING IN OUR TOWN AND NOT, I CERTAINLY APPRECIATE UNITED RENTALS AND THEIR COMMITMENT TO BEING IN AUBURN BUT I DON'T KNOW IF I FEEL THIS IS THE RIGHT PLACE FOR THIS TYPE OF DISTRIBUTION CENTER. CERTAINLY THERE ARE OTHER SITES THAT COULD BE ACCOMMODATING FOR WHAT THEY

NEED TO DO. >> I SURE THOSE CONCERNS. I AM UNCOMFORTABLE WITH PLACING A FACILITY LIKE THIS , PORTA POTTY'S AT THIS SITE. I AM COMFORTABLE MOVING FORWARD WITH THAT. FROM A LONG-TERM STANDPOINT. I DO WANT TO SAY, MR. ROBERTS, THANK YOU VERY MUCH FOR COMING HERE AND SPEAKING TO US. YOU HAVE DONE AN ADMIRABLE JOB.

>> ANYONE ELSE THAT WOULD LIKE TO SAY ANYTHING?

>> I HAVE ONE MORE CONSENT. I KNOW YOU BRIEFLY MENTIONED IN PASSING THAT YOU WOULD BE SUGGESTIBLE TO ADDITIONAL SCREENING ON SOME OF THE MORE VULNERABLE PERIMETERS WHICH I ASSUME IS FROM THE PARKING LOT OF THE SPORTS FACILITY THERE. IS THAT AN EFFECTIVE SOLUTION TO THE SITE LINES FROM THAT ELEVATION? SOME TYPE OF SCREENING OR FENCING?

>> I WILL SPEAK ON THIS AS FAR AS VISITING THAT DRIVE ONE TIME.

I WAS THERE 30 MINUTES AGO. I BELIEVE THAT PROVIDING A SIX-FOOT HIGH SCREENING AT THE ORNAMENTAL FENCING WOULD APPROPRIATELY SCREEN FROM THE FACILITY , THE COMPLEX THAT YOU HAVE AND WE WOULD BE WILLING TO DO THAT. I WANT TO BE SURE I AM CLEAR ON THIS. FOR ME, THIS IS NOT A, THIS IS THE WAY IT IS AND THIS IS THE ONLY VOTE THAT MATTERS TYPE OF THING. IF IT IS TO WHERE THE PAVING IS A REQUIREMENT THEN IT IS A REQUIREMENT. IF IT IS WHERE SCREENING IS REQUIREMENT AGAINST COLLEGE THEN THAT IS A REQUIREMENT AND WE ARE WILLING TO MEET THE REQUIREMENT SO WE CAN HAVE THE SCREENING. EVEN THE QUESTION, I UNDERSTAND I AM A REPRESENTATIVE OF THE CLIENT .

WE WILL TAKE ANY CONDITIONS AND I THINK THAT'S USUALLY THE DISCUSSION WE HAVE WITH CITY COUNCIL. WHAT ARE THE CONDITIONS THAT WOULD BE PLACED ON THIS FOR IT TO BE ACCEPTABLE AND THEN WE TAKE THOSE BACK TO OUR CLIENT AND IF WE ARE NOT WILLING TO THIS PROCESS TO THE DESIGN TEAM AND THE REVIEW, IF FOR SOME REASON WE DECIDE NOT TO MEET THOSE IT SIMPLY FALLS BACK TO THE CONDITIONAL USE WE HAVE CURRENTLY AND I HAVE A DECISION TO MAKE AS A COMPANY WITH WE CONTINUE THE BUSINESS MODEL WE HAVE NOW OR IF THERE'S ANOTHER BRANCH THAT MEETS THOSE SAME NEEDS. PART OF THIS IS THE DISCUSSION OF WHAT WOULD IT TAKE TO PUT THIS AT THE LOCATION. IF IT IS SCREENING IT IS SCREENING IT SOUNDS LIKE PAVING IS NEEDED NO MATTER WHAT IF WE CHANGE MODELS AND THAT IS A REQUIREMENT. SIMPLE ENOUGH FOR ME WHEN I LEAVE HERE MAKE THE PHONE CALL AND I SEE HERE'S THE REQUIREMENTS WE HAVE IF WE'RE GOING TO DO BUSINESS WITH THIS BRANCH AND THAT IS EASY FOR ME. AND A DECISION IS MADE AND THEN.

FOR US IT IS A DISCUSSION OF WHAT WOULD IT TAKE, WHAT ARE THE REQUIREMENTS TO DO THIS? I APPRECIATE THE DISCUSSION.

>> THANK YOU. >> SORRY. JUST HAVE ONE MORE QUESTION. MR. CUMMINGS. WE HAVE NOT SEEN ANYTHING BROUGHT BEFORE US ABOUT BUFFERING AND SCREENING. WE DON'T KNOW WHAT TO TELL HIM. AS THE STAFF GOT THOSE REQUIREMENTS DETERMINED?

>> FOR THIS IT HAS BEEN BROUGHT TO EVERYBODY'S ATTENTION THIS IS A UNIQUE SITE WHERE EVERYTHING WOULD BE STORED IS

[01:10:01]

THEY COULD CONSIDER THAT. >> I FEEL LIKE THERE ARE A LOT OF UNKNOWNS AND I DON'T THINK HE HAS THE ANSWERS AND I DON'T HAVE THE ANSWERS. WHEN DO YOU SEE THOSE ANSWERS BEING AVAILABLE TO US OR THOSE RECOMMENDATIONS?

>> IT WOULD BE UP TO THE APPLICANT AND TIMING FOR THEM AND WE WOULD BE WILLING TO WORK WITH THEM AS NEEDED.

>> THE COUNCIL WOULD HAVE TO PROVIDE THAT DIRECTION TO THE

STAFF. >> TO TAKE ACTION TO POSTPONE WHAT WOULD BE YOUR EXPECTATIONS OF WHAT YOU WOULD WANT THE APPLICANT TO DO AND STAFF TO REVIEW BEFORE IT COMES BACK?

>> THE REQUIREMENTS WE SPOKE OF

>> REQUIREMENTS FOR THE PAVED SURFACE, YES. ADDITIONAL SCREENING WOULD BE SOMETHING THAT WOULD BE A POTENTIAL

CONDITION. >> THAT WOULD BE ABOVE AND

BEYOND. >> YES A SPECIAL CONDITION WHICH

YOU CAN APPLY. >>

>> I WOULD LIKE TO DO AN AMENDMENT TO WHERE WE REQUIRE

THE FENCING AND SCREENING. >> SORRY.

>> THE COUNCIL OPINION ON POSTPONING ALTOGETHER , GIVING

EVERYBODY TIME TO LOOK AT IT ? >> I FEEL COMFORTABLE VOTING ON

IT TONIGHT. >> I HAVE ANOTHER QUESTION FOR STAFF. IN DECEMBER 2007 CONDITIONAL USE WAS APPROVED FOR EQUIPMENT, SALES AND RENTAL ON THE SAME PROPERTY. WHAT IS IT THAT HAS BROUGHT THIS TO THE ATTENTION OR TO THE LEVEL OF CONDITIONAL USE AT THIS POINT? SIMPLY BECAUSE IT IS SANITARY

EQUIPMENT? >> CHANGE OF USE TO STORAGE.

ANYTHING TO ADD? >> WHEN THEY REACHED OUT SEVERAL MONTHS AGO THAT WAS A DISCUSSION INTERNALLY SO WE LOOKED AT IT IMPROVE CONDITIONAL USE DOES NOT COVER DESCRIBE YEARS THAT THEY REPORT SO THERE WERE REPAIRS , BUT THEY MENTIONED REPAIRS AND THERE'S A LOT MORE MECHANICAL BASE AND ALLOW MORE FOCUSED ON STORAGE LIKE THE RENTAL SITE AND THE SALES SIDE SO IT WAS A TWEAK NOT COVERED UNDER THE CONDITIONAL USE.

>> OKAY, THANK YOU.

>> ALL RIGHT STILL LOOKING FOR SOME DIRECTION. I KNOW A FEW PEOPLE ARE READY TO APPROACH THIS AND READY TO VOTE? OR CHIEF

MENTIONED POSTPONING. >> DID YOU MOVE ?

>> I THINK YOU SAID, NOT AN OFFICIAL MOTION.

>> OKAY WANTED TO MAKE SURE. JUST SAID YOU COULD DO THAT.

>> HOW WITH THE COUNCIL LIKE TO MOVE FORWARD?

>> I WOULD LIKE TO VOTE ON IT. >> ANYONE ELSE? I KNOW IS READY TO VOTE. IS THE COUNCIL READY TO VOTE ON THIS?

>> YES. >> OKAY ALL RIGHT. DO WE HAVE A MOTION? WE HAVE A MOTION. I'M THINKING YOU WANT TO DO THIS BY HAND, I THINK IT'S GOING TO BE A SPLIT VOTE. ALL IN FAVOR PLEASE RAISE YOUR RIGHT HAND? ALL RIGHT. EVERYONE NOT IN FAVOR PLEASE RAISE YOUR RIGHT HAND. OKAY IT FAILS. FINAL ITEM.

>> I WOULD HOPE WE HAVE SOME SPECIFIC RECOMMENDATIONS THAT THE GENTLEMAN CAN TAKE BACK TO THE CLIENT AS TO WHAT'S REQUIRED. I WANT TO MAKE SURE HE FULLY UNDERSTANDS WHAT THE EXPECTATIONS ARE. IS THAT SOMETHING YOU CAN WORK OUT AND

SORT THAT OUT? >> I'M NOT FOLLOWING YOUR. HE DOES NOT HAVE ANY BECAUSE IT FAILED.

>> OKAY. IF HE CONTINUES TO DO BUSINESS AS HE DOES NOW HE

WON'T HAVE TO CHANGE ANYTHING. >> THAT'S CORRECT.

>> YOU CANNOT APPROACH FOR A YEAR? WITH THIS CONDITION? ALL

[01:15:04]

[10.b. Contract. Trane U.S. Inc. Lake Wilmore Park - PoolPak Dehumidification Unit. $314,427.]

>> TWO MORE ITEMS. 10 B RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH TRAIN U.S. INC. $314,427 TO MANUFACTURE AND SUPPLY THE LAKE WILMORE PARK DEHUMIDIFICATION UNIT WITH A CONTRACT BID FOR INSTALLATION OF THE UNIT, DOORS AND DUCTWORK FOR A LATER DAY AT THE POOL, THE LONG LEAD TIME FOR THE EQUIPMENT MAKES IT NECESSARY TO ENTER INTO THE AGREEMENT AT

THIS TIME. >> MOVE FOR APPROVAL.

>> SECOND. >> MOTION AND SECOND. COMMENTS

OR QUESTIONS? >> I HAVE A QUESTION THIS IS A

BUDGETING ITEM? >> YES IT IS.

>> ANYONE ELSE? ALL IN FAVOR PLEASE SAY AYE ANY OPPOSED? THE

[11. OTHER BUSINESS]

MOTION CARRIES. >> NEXT ITEM IS ITEM 11 A THE ACKNOWLEDGMENT OF RECEIPT OF AGREEMENT APPEAL CONCERNING HOUSING REHABILITATION LOAN I WILL TURN IT OVER TO MAYOR

ANDERS. >> OF A STATEMENT I WOULD LIKE TO READ. THE PURPOSE OF THIS ITEMS TO ACKNOWLEDGE MS. BRIDGET GIBSON HAS FILED A GRIEVANCE REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT LOAN MADE TO HER MOTHER IN 2007. MS. GIBSON HAS FILED A GRIEVANCE ON HER MOTHER'S BEHALF PASSING THAT THE LOAN BE FORGIVEN INSTEAD OF BEING REPAID. MS. GIBSON'S APPEAL HAS WORKED ITS WAY THROUGH THE CITY GRIEVANCE PROCESS AND THE LAST STEP IS IN APPEAL TO THE CITY COUNCIL. I REQUEST THE COUNCIL TO AGREE TO SET A SPECIFICALLY CALLED MEETING FOR THE HEARING ON MS. GIBSON'S APPEAL SO THIS MATTER CAN BECOME THE PROPER TIME AND CONSIDERATION THAT IT NEEDS IF THE COUNCIL AGREES WE WILL PROVIDE DATES AND TIMES TO CITY MANAGER AT WHICH THEY WOULD BE AVAILABLE FOR SUCH A MEETING BETWEEN THE WEEK OF JULY 14 THROUGH THE 18TH. I WILL ASK THE COUNCILMEMBERS PROVIDE THIS INFORMATION TO THE CITY MANAGER'S OFFICE BY THE END OF THIS WORKWEEK JUNE 20. THE MEETING CAN BE SET FOR ANYTIME OF DAY OR EVENING WITH AT LEAST A QUORUM OF THE COUNCIL PRESIDENT. DURING THE HEARING THE COUNSELOR HEAR FROM MS. GIBSON REGARDING HER GRIEVANCE, THE CITY ATTORNEY'S OFFICE WILL COORDINATE CITY RESPONSE FOLLOWING THE CONCLUSION OF THE HEARING THE COUNCIL CAN TAKE UP TO 15 DAYS TO DECIDE THE APPEAL AND PROVIDE MS. GIBSON WITH ITS DECISION. PLEASE REMEMBER ANY DELIBERATION AND VOTE ON THE ISSUE WILL NEED TO TAKE PLACE AT A PUBLIC MEETING SUBJECT TO THE OPEN MEETINGS ACT. OKAY. SO IF YOU WOULD ALL LET ME KNOW AND LET THE CITY MANAGER KNOW BY THE END OF THE WEEK IF YOU ARE AVAILABLE THE WEEK OF JULY 14 TO THE 18TH AND WE WILL SET A TIME FOR A HEARING. THANK YOU. ANYTHING ELSE? OKAY ALL RIGHT.

[12. CITIZENS' OPEN FORUM]

>> NO OTHER ITEMS FOR THE AGENDA TONIGHT.

>> OKAY AT THIS TIME WILL OPEN THE CITIZENS OPEN FOR THEM. THE OPPORTUNITY TO SPEAK TO THE COUNCIL ABOUT ANYTHING ON YOUR MIND, PLEASE COME FORWARD SHARE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU ARE THREE MINUTES AND ADDRESS YOUR COMMENTS TO THE

CITY COUNCIL. WHO WILL BE FIRST? >> ELIZABETH WHITE, 637 FOREST STEEL DRIVE. AS SOMEONE WHO PARTICIPATED SATURDAY WANT TO THANK THE AUBURN POLICE DEPARTMENT FOR THEIR POSITIVE PRESENCE AT THE PROTEST. ALTER OUR LIVES WE WORN AND TRY TO PROTECT THOSE WE LOVE FROM FORESEEABLE HARM. FROM THE TODDLER FOR WHOM WE PUT ON CABINET SAFETY LOCKS TO THE YOUNG CHILDREN WE KEEP OUT OF THE STREET TO THE TEENAGER RETEACH TO DRIVE WITH HER PHONE IN THE BACK SEAT TO THE OLDER PAIR WE REMIND TO TAKE MEDICINE OR PERSUADE THE CLIMBING LADDERS IS NOT A GOOD IDEA. WE STAY VIGILANT TO SAVE THOSE WE LOVE UNNECESSARY PAIN , INJURY OR HEARTACHE. AT YOUR LAST MEETING I REQUESTED THOSE OF YOU LEADING COMMUNITY STAY INFORMED AND VIGILANT IN PROTECTING FELLOW CITIZENS FROM IMPENDING HARM THAT WOULD BEFALL THEM SO THE PROPOSED BUDGET BILL PASSED. I KNOW YOU ANOTHER ONE DELIBERATING ON THE BILL BEFORE YOU FOR A VOTE, I ALSO NOTE AUBURN DOES NOT EXIST IN A BUBBLE AND ALL OF YOU KNOW DECISIONS MADE IN WASHINGTON WILL IMPACT OUR CITIZENRY. IF YOU SEE A TRAIN BARRELING DOWN THE TRACK, LEADING TO YOUR PEOPLE IT SEEMS YOU HAVE A FEW CHOICES, ONE, JUMP OFF THE TRACK AND THINK AT LEAST I'M SAFE, SHELTER THOSE AROUND HER TO JUMP AND GRAB A SMALL CHILD OR PERSON IN A WHEELCHAIR AND TRY TO SAVE AS MANY AS YOU CAN. OR THREE

[01:20:03]

WEALTHIEST AMONG US. THANK YOU. >> WHO WILL BE NEXT. OKAY

* This transcript was compiled from uncorrected Closed Captioning.