[1. CALL TO ORDER.] [00:00:08] >> WE'LL CALL TO ORDER TONIGHT TONIGHT CITY COUNCIL MEETING 2026. WELCOME TO ALL OF YOU WITH US IN THE COUNCIL CHAMBERS AS WELL THOSE LISTENING AND WATCHING THROUGH OUR STREAM AND SERVICES. ROLL CALL. >> ADAMS. DAWSON. GRISWOLD. PARSONS. TAYLOR. ANDERS. >> COULD YOU PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE? >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA INTO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. >> PLEASE BE SEATED. EARLIER TONIGHT DURING THE [4. MAYOR AND COUNCIL COMMUNICATIONS.] COMMUNITY THERE WAS NO OFFICIAL BUSINESS FOR THE COUNCIL TO CONSIDER APPEAR THERE IS ONE ITEM THAT HAS BEEN REMOVED FROM OUR AGENDA THAT WE'LL TALK ABOUT HERE JUST SHORTLY. JUST UNDER THE MAYOR'S ANNOUNCEMENTS, I THINK YOU TO HAVE ANOTHER HOUSE THIS FRIDAY IN OUR COMMUNITY, THAT'S ALWAYS A VERY SPECIAL CEREMONY AS WE WATCH AND WITNESS A FAMILY THAT HAS PUT IN THEIR OWN WORK AS WELL AS BEING ASSISTED BY VOLUNTEERS AND SPONSORS BECOME OWNERS OF A HOME. AND IT IS A VERY MEMORABLE OPPORTUNITY FOR US TO THINK ABOUT ALL THE GREAT THINGS THAT AUBURN IS ABOUT WHEN DIFFERENT PEOPLE FROM DIFFERENT PLACES IN OUR COMMUNITY COME TOGETHER FOR THE ONE CAUSE OF PROVIDING A FAMILY ON HOUSE AND I CERTAINLY LOOK FORWARD. I APPRECIATE THE CITY IMPOSTERS CONTINUED SUPPORT OF THEIR EFFORTS. TONIGHT IS THE FIRST LINE OF HIGH SCHOOL FOOTBALL IN BOTH OF OUR HIGH SCHOOLS, THEY'LL BE HOSTING GAMES ON FRIDAY NIGHT AND BOTH OF THEM WILL BE HOSTING SIGNIFICANT GAINS FRIDAY NIGHT. A LITTLE REMINDER IF YOU GET OUT ABOUT AND EAT THAT SIDE FRIDAY NIGHT THEY'LL BE THOUSANDS OF PEOPLE TO TRY TO FIND THEIR WAY INTO HIGH SCHOOL FOOTBALL STADIUM BUT VERY EXCITED ABOUT THIS PART OF AUBURN. BRINGS A LOT OF DIFFERENT PEOPLE WITH A LOT OF DIFFERENT INTEREST TOGETHER TO SUPPORT THE HOME TEAMS. THAT'S A GREAT THING AND WE LOOK FORWARD TO HIGH SCHOOL FOOTBALL TO GET STARTED. JUST REMINDING EVERYONE THIS TUESDAY ABOUT HIS MUNICIPAL ELECTION IS IMPORTANT TO EXERT YOUR RIGHT AND PLEASE GO CAST THAT VOTE. THE POLLS WILL BE OPEN 7:00 TO 7:00 TUESDAY. >> JUST A QUESTION. THE HOUSE. WHERE IS IT? >> IS THAT THE DEAL? >> I'D HAVE TO CONFIRM IT. I CAN GET WITH YOU AFTER THE MEETING. >> WHEN IS THE LAST DAY FOR ABSENTEE BALLOTS? >> I DID NOT KNOW THAT OFF THE TOP OF MY HEAD. >> IT'S ON OUR WEBSITE. WE CAN LOOK IT UP IN A MOMENT. FOR US TO DISTRIBUTE IT BY MAIL IT'S EITHER TODAY OR TOMORROW BUT I DO NOT WANT TO MISSPEAK. TIME IS CLOSING ON THAT BECAUSE THE ELECTION IS TUESDAY. >> ANYBODY ELSE ON THE COUNCIL [5. AUBURN UNIVERSITY COMMUNICATIONS.] HAVE ANNOUNCEMENT? UNIVERSITY COMMUNICATIONS? WELCOME BACK. >> IT'S GOOD TO BE BACK. >> I'M A DIRECTOR OF CITY DIRECTIONS FOR AUBURN SGA. AND SO FAR BASICALLY EVERYONE IS BACK ON CAMPUS. THE FIRST DAY OF CLASS YESTERDAY. AND WE ARE CURRENTLY HOLDING THE FIRST 56 WHICH IS A SERIES OF 56 EVENTS HELD BY EPC WHICH IS AN ORGANIZATION ON CAMPUS. AND IT IS JUST TO GET PEOPLE INVOLVED, GET MORALE UP ON CAMPUS, AND I THINK WE HAVE TOMORROW IT MAY BE, EVERYBODY LOVES IT. WAFFLE HOUSE. EVERYBODY LOVES IT. WE ALSO HAD A COMPLICATION FOR THE FRESHMAN CLASS OF 2030 ON MONDAY AND IT WAS HELD, A BIG PEP RALLY TO GET THEM EXCITED FOR THIS YEAR. WE HAVE A BUNCH OF APPLICATIONS OPEN INCLUDING THE FRESHMAN FORUM, LOBBY BOARD, AU DM. A TON OF OPPORTUNITIES FOR FRESHMEN AND OTHER STUDENTS GETTING INVOLVED. AND WE FINISHED UP RECRUITMENT AND THEY HAD, I THINK IT WAS 20,298 PEOPLE GET A BID. I THINK THAT'S A RECORD. IT WAS A TON OF PEOPLE. THAT'S IT FOR ME. THANK YOU SO MUCH. >> MAYOR, IF I MAY COME OF THE ABSENTEE BALLOTS ARE VERY COLLOCATED. TODAY WAS THE LAST DAY FOR YOU TO MAIL AN APPLICATION TO RECEIVE ONE. WE HAD TO RECEIVE IT TODAY. [00:05:03] 20TH IS THE LAST DAY TO RECEIVE AN APPLICATION FROM A PERSON TO DO AN ABSENTEE BALLOT IS THE 20TH. AND THEN THERE IS MORE. WE HAVE TO RECEIVE YOUR ABSENTEE BALLOT CITY HALL IN PERSON BY THE 24TH AND IT HAS TO BE RECEIVED IN THE MAIL BY 2050 NOON. AUB AUBURNALABAMA.ORG. WE HAVE A WHOLE MAILER THERE. >> WE ARE HAPPY THE CROSSWALK, THE LIGHTS ARE WORKING THIS W WEEK. >> WE HAVE TWO KEY THINGS. THERE IS NO CROSSWALK AT TICHENOR AND GAY. I COMMEND OUR STUDENTS DOING A REAL GOOD JOB OF OBEYING OUR PUBLIC WORKS DEPARTMENT. PUT SOME VERY NICE PLANTERS AND SOME VERY LARGE A-FRAME SIGNS WITH STRONG SUGGESTIONS ABOUT NOT CROSSING THERE. AND WE'VE BEEN DOING THIS FOR SAFETY REASONS BOTH VEHICLES AND PEDESTRIANS. OUR ENTIRE ENGINEERING SERVICES TEAM AMONG OTHERS WORKED VERY HARD TO GET THE CHICK-FIL-A CROSSWALK, A LITTLE TRAFFIC SIGNAL. WE HAD MIXED RESULTS AND VEHICLE HBEHAVIOR, WE THINK IT WILL IMPROVE. ALTERNATING SCHEDULES, DIFFERENT PEOPLE. EXPECTING IT TO IMPROVE EVERY DAY. EXPECTING IT TO MOVE. SPEAK ON THE QUESTION. THANK YOU. ALL RIGHT. WE HAVE CITIZENS COME INDICATIONS ON TONIGHT'S AGENDA. IF YOU'D LIKE TO SPEAK TO US ABOUT AN ITEM ON TONIGHT'S AGENDA THAT DOES NOT INCLUDE A PRIVATE HEARING, THAT'S YOUR TIME TO COME FORWARD TO THE PODIUM AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. YOU WILL NOTICE IN THE AGENDA TONIGHT UNDER ORDINANCES AND CONDITIONAL USES, ALTHOUGH SOME PUBLIC HEARINGS. IF YOU'D LIKE TO HEAR ABOUT THOSE PLEASE WAIT UNTIL THOSE HEARINGS ARE OPEN. [7. CITY MANAGER’S COMMUNICATIONS.] ANYONE? OKAY. WE'LL MOVE TO MANAGER COMMUNICATIONS. >> MY FIRST ANNOUNCEMENT IS THE MEDICATIONS THANKS TO FORMER COUNCILMAN JEAN DELANEY. REMINDED ME THAT TODAY IS THE 25TH ANNIVERSARY OF THE DICTATION OF SAID CALL AND ITS TICHENOR LOCATION HAVE PAPERWEIGHTS ON OUR DESKS COMMEMORATING THE DAY SO IT'S A VISION OF MAYOR JOHN DEMPSEY TO BUY THAT OLD POST OFFICE. IT WAS THEN FURTHER WE HAD THE FOOD BANK A BIT AND WE DECIDED WE WERE AT THE CORNER OF THIS COMPLEX AT ROSS AND GLENN. OUR CITY MANAGER AT THE TIME DECIDED WE NEEDED TO PUT A PRESENCE BACK DOWNTOWN AND OCCUPY THE BUILDING TO PUT MORE EMPLOYEES DOWN TOWN TO HELP BE CLOSER TO SOME OF OUR BUSINESSES AND SO ON. WE ARE A LITTLE BUSTING AT THE SEAMS BUT WE'VE ENJOYED IT. IT'S A GREAT HISTORICAL RESOURCE IN AUBURN AND WE ARE PROUD TO WORK OUT OF THAT BUILDING. JUST A KIND NOTE FROM COUNCILMAN DELANEY AND I APPRECIATE HIM POINTING THAT OUT. I FORGOT TODAY WAS THE DAY. >> THANK YOU. >> I HAVE SOME ANNOUNCEMENTS. TERMS THAT BEGAN IN OCTOBER 10TH AND END OCTOBER 9TH 2032. WE HAVE ONE VACANCY ON THE DEVELOPMENT CENTER BOARD FOR A TERM THAT YOU'LL BE APPOINTING THOSE IN THE MIDDLE OF SEPTEMBER. [8. CONSIDERATION OF CONSENT AGENDA.] AT THE15TH MEETING. FOR THE CONSENT AGENDA, ARE YOU READY? FIRST ITEM OF BUSINESS, CONSENT AGENDA. DOES ANY MEMBER WISH TO REMOVE AN ITEM OR DEAL WITH THAT INDIVIDUALLY? >> YES. ITEM LETTER A [8.b.3. Downtown Entertainment, LLC d/b/a EN UF Game Day. 140 – Special Events Retail. 715 West Magnolia Avenue.] LETTER A B3 8 B3. >> REQUEST BY DOWNTOWN ENTERTAINMENT LLC DOING BUSINESS AS SIGMA NU FOREIGN ADVENT TO BE HELD 2026. >> MOVE FOR APPROVAL. >> I'LL BE ABSTAINING FROM THIS ONE. >> ALL RIGHT. ANY OTHER QUESTIONS, COMMENTS? WE HAVE A MOTION TO SECOND. ALL IN FAVOR, PLEASE SAY AYE? THE MOTION CARRIES. >> ANY FURTHER QUESTIONS? ALL IN FAVOR, PLEASE SAY AYE. ORDINANCES. [9.a. Zoning Ordinance. Text Amendment. Travel Center/Truck Stop. Planning Commission recommendations. Unanimous consent necessary. Public hearing required.] UNDER ORDINANCES, AUTHOR WRITING A TEXT AMENDMENT TO DEFINE AND ADD REGULATIONS FOR TRAVEL CENTERS AND TRUCK STOPS. UNANIMOUSLY APPROVING THE INVESTMENTS IN THEIR JULY 9TH MEETING. UNANIMOUS CONSENT IS NECESSARY ADD A PUBLIC HEARING IS REQ REQUIRED. >> MOTION TO SECOND. ANYONE ON THE COUNCIL HAVE PROBLEM MOVING FORWARD THIS EVENING?EV WE WILL HOPE OPEN THIS PUBLIC HEARING. PLEASE COME FORWARD TO GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU HAVE 5 MINUTES TO SPEAK. [00:10:02] >> GOOD EVENING. MY NAME IS DAVID MAE. I LIVE AT 2250 TURNBERRY LANE. THAT'S ON THE INTERCEPTION ON THE MIDDLE ROAD HIGHWAY 280. WE ARE DIRECTLY BEHIND THE RACE TRACK GAS STATION, THE NEW SERVICE STATION. I AM HERE TONIGHT ASKING SOMETHING GET PAST TO OUR NEIGHBORHOOD TO COEXIST WITH THAT SERVICE STATION. TODAY WE ARE NOT ABLE TO DO THIS. PRESENTLY LARGE 18-WHEELERS, DIESEL-TYPE DRUGS ARE ABLE TO SPEND THE NIGHT THERE AND IN DOING SO THEIR ENGINES ARE RUNNING ALL NIGHT LONG. SO THE SOUND OF THEIR ENGINES THAT ACTUALLY VIBRATES THROUGH OUR NEIGHBORHOOD, IT VIBRATES THROUGH OUR BODIES, AND TRULY RATTLES THE WINDOWS ON OUR HO HOMES. THIS AFFECTS ALL THE NEIGHBORS IN THE NEIGHBORHOOD INCLUDING INFANTS. SMALL CHILDREN, SCHOOL AGED CHILDREN, AND MY 90-YEAR-OLD MOTHER. IT'S SIMPLY NOT FAIR. THE TRUCKER SLEEPING THERE IN THE PARKING LOT OVERNIGHT, FOR ONE GUY TO DO THAT, TO TRULY AFFECT OUR ENTIRE NEIGHBORHOOD, IT'S TRULY JUST NOT FAIR. THERE ARE MANY TIMES THAT THERE IS MORE THAN ONE TRUCK THERE. I'VE GOT A PHOTO ABOUT IT. WITH ALL THOSE RUNNING, YOU CAN'T SLEEP. AND I TRULY BELIEVE THAT MOST OF THE TRUCKERS ARE SIMPLY PASSING THROUGH. WE ARE CITIZENS OF AUBURN, THAT TRUCKSTOP HAS ONLY BEEN THERE FOR EIGHT MONTHS -- NOT EVEN A TRUCK STOP. THAT SERVICE STATION HAS ONLY BEEN THERE FOR EIGHT MONTHS. THEY HAD OTHER PLACES TO GO BEFORE THAT. SO I'M ASKING SOMETHING TO GET DONE SO THEY ARE NOT IN OUR BACKYARD. WE DID HAVE A FENCE PUT UP AND WE ARE THANKFUL FOR THAT. BEFORE THAT THEY COULD HONESTLY WATCH MY TV. SO IT'S THAT CLOSE. I HAVE DISCUSSED THIS WITH THE RACETRACK REGIONAL MANAGER AND I TRULY BELIEVE RACETRACK IS HOPING THAT THE CITY OF AUBURN WILL PASS AN ORDINANCE BANNING OVERNIGHT PARKING SO THAT THEY DO NOT HAVE TO BE THE BAD GUY WITH THEIR CUSTOMER. AND TURNING THEM AWAY FROM PARKING THERE OVERNIGHT. I APPRECIATE ALL LISTENING TO ME. >> YES, SIR. THANK YOU. WHO WILL BE NEXT? OKAY. WILL CLOSE IT HERE. COMMENTS, QUESTIONS? >> I AM CONFUSED. I THOUGHT WE WERE VOTING ON IT. SO WHAT IS THE STATE OF WHAT IS THERE? >> I WANT TO CLARIFY THIS HAS NO IMPACT ON WHAT IS THERE WHATSOEVER. YOU CAN'T MAKE A REGULATION AFTER SOMEBODY IS THERE AND FORCING TO COMPLY WITH IT FROM A ZONING PERSPECTIVE UNLESS THEY CHANGE SOMETHING. SO THIS IS IMPACTFUL WHAT HE'S TALKING TO YOU ABOUT, WE DIDN'T HAVE A REGULATORY MECHANISM TO STOP THIS AT THE TIME BECAUSE THEY WERE NOT DEFINED WITH THE DIRECTOR COVERING MORE. BUT WE CAN'T RETROACTIVELY DO THIS UNLESS RACETRACK MAKES A MOVE TO DO THAT AND IF THEY MAKE A MOVE TO DO THAT THEY WOULD THEN HAVE TO COMPLY WITH ALL THE NEW STANDARDS. >> THAT IS CORRECT. THEY GOT A CONDITIONAL USE FOR A GAS STATION AND AT THE TIME THERE WAS NO DISTINCTION BETWEEN GAS STATION AND TRUCK STOPS. SO THEY CONCLUDED THE FACILITIES THAT WOULD ACCOMMODATE TRUCKS. BUT NOW IF Y'ALL WOULD HAVE PASSED THIS PROPOSED AMENDMENT TO THE ZONING ORDINANCE TO ADD THAT THE DISTINCTION OF TRUCK STOPS, THE AMOUNT OF DIESEL FUEL PUMPS AND THEIR DESIGN WOULD CLASSIFY THEM AS A TRUCKSTOP AND THEY WOULD NOT BE ABLE TO LOCATED THERE. IT WOULD BE EXCLUSIVELY A GAS STATION THAT COULD HAVE DIESEL BUT WOULDN'T BE ABLE TO ACCOMMODATE IT FROM A CANOPY HEIGHT STANDPOINT. THAT'S THE BIGGEST THING. THERE WASN'T A DISTINCTION, THEY WERE APPROVED AS A GAS STATION AND EXIST AS A GAS STATION. LIKE THE CITY MANAGER SAID IF THEY WOULD'VE CHANGE SOMETHING FROM A YOUTH STANDPOINT THEY WOULD NOT HAVE RETROACTIVELY ENFORCED THAT ON THEM FOR EXTENDED PARKING. >> GOOD THING IT'S IMPORTANT TO NOTE THERE ARE PLACES IN TOWN THAT A GAS STATION IS PERMITTED BY RIGHT AND WITHOUT ADOPTING REGULATIONS ABOUT THIS AND THOSE PERMITTED BY THE RIGHT AREAS, AND CORRECT ME IF I'M WRONG I DIESEL FUEL LOCATION PERMITTED BY RIGHT IF WE DON'T DO THIS. >> THAT IS CORRECT. >> I DO THINK IT GIVES COVER TO RACETRACK FOR THEM TO BE ABLE TO SAY TO THEIR TRUCK CUSTOMERS TO NOT PARK. THIS IS IMPORTANT MOVING FORWARD. I THINK WE CAN GO BACK TO RACETRACK AND SAY THAT WE NOW [00:15:03] HAVE THIS ON THE BOOKS AND WE REALLY NEED YOU TO BE A GOOD NEIGHBOR. THEY'VE BEEN A GOOD NEIGHBOR WITH ADDING THE FENCE LIKE WE'VE ASKED THEM OR MOVING THE FENCE. BUT WE DO NEED TO BE ABLE TO PROHIBIT IN SOME CAPACITY SOME WAY WITH STRONG ENCOURAGEMENT OR SOMEHOW THE TRUCK NOT IDLING IN THAT PARKING. THEY DO HAVE SIGNS UP THAT SAY NO PARKING THERE. AND SO SOMEHOW WE'VE GOT TO BE ABLE TO -- >> I'D LIKE ALL PUBLIC SAFETY DIRECTOR BILL MATTHEWS WHO DEALT WITH THIS FROM A POLICE STANDPOINT EXPLAIN WHAT IT TAKES BASED ON THOSE SIGNS BECAUSE THEY ARE PRIVATE SIGNS. >> CORRECT. IT'S PRIVATE PROPERTY AND WITHOUT A COMPLAINT FROM THE PROPERTY MANAGEMENT WE WOULDN'T BE ABLE TO ENFORCE NO PARKING THERE. THEY'LL HAVE TO CALL AND COMPLAIN THAT A VEHICLE HAS STAYED LONGER THAN THEY ARE WELCOME AND AN OFFICER COULD DIRECT DRIVERS TO LEAVE THE PROPERTY AND IF THEY DID NOT LEAVE THE PROPERTY WE COULD TAKE SOME ENFORCEMENT ACTION. >> IT'S ON THE PRIVATE PROPERTY OWNER. AND SO ON THE FUTURE IF THIS IS ADOPTED BY THE COUNCIL, WE DO NOT HAVE A LEGAL MECHANISM TO ENFORCE THAT ON THE EXISTING THINGS. THE FULL TRUCK DOESN'T GET UNDER THERE BUT THE TRUCK PORTION D DOES. AND THEY COME THERE, LARGE DIESEL SEMITRUCKS COME ON THE REGULAR BUT SOME OF THIS IS LOADING CANOPY HEIGHT AND DOING OTHER THINGS TO DISCOURAGE THAT IN PLACES IT IS NOT DESIRED. THIS ONLY IMPACTS THE COMMERCIAL DISTRICT WHICH IS ACTUALLY JUST AT EXIT 50 RIGHT NOW. AND SO THAT THE ONLY LOCATION WHERE THEY SHOULD BE CONDITIONALLY ALLOWED IN THE CITY. ANY ZONE CONDITIONALLY PERMITTED BECAUSE IT'S DEFINED UNDER THE GAS STATION AND THE TRAVEL CENTERPIECE PICKING UP SHOWERS AND OTHER THINGS FOR ACCOMMODATIONS SO THEY ARE REVIEWED APPROPRIATELY. >> TELL ME ONE MORE TIME, EXIT 59? >> THE INTERNATIONAL COMMERCIAL DISTRICT SITS OVER. THE OTHER PROPERTY OWNERS THAT SIT ALONG THE INTERCHANGE WERE NOT MINIMAL TO THAT. THAT'S THE ONLY PLACE THIS DISTRICT EXISTS. DESPICABLE WOULD IT APPLY TO? WE COULD STOP IT FROM STAYING OVERNIGHT? >> JUSTICE? >> SO AS THE PROPOSED AMENDMENT READS, IT'LL BE LIMITED TO $12 UNLESS IT WAS THE TRAVEL CENTER OR TRUCKSTOP. IT'S IN THE DEFINITION PRETTY MUCH. THE BIGGEST THING IS THAT THESE FACILITIES WOULD NOT BE ABLE TO MASQUERADE AS GAS STATIONS AS SOME OF THEM ARE NOW. THE BIGGEST THING IS CREATING A DISTINCTION TO ALLOW STAFF TO DEFINE IT SO THEY CAN'T SAY THAT WE ARE A GAS STATION BUT THE IN-SERVICE DIESEL TRUCKS. PLACES THAT WOULD SERVICE DIESEL TRUCKS WOULD THEN BE ABLE TO IDENTIFY AND SCRUTINIZE ACCORDINGLY. IDENTIFYING AS A DIESEL TRUCK. >> THIS ORDINANCE WOULD ALLOW US TO SAY NO PARKING OVERNIGHT. >> YEAH. IT DEFINES THAT. AND THE BIGGEST THING IS THAT IT WOULD DEFINE THE TRUCKSTOP AND SEPARATE A TRAVEL CENTER FROM A GAS STATION WHICH IS CURRENTLY, THEY ARE NOT SEPARATED. EVEN IF THAT IS THEIR MAIN FOCUS SERVING TRUCK DRIVERS THEY CAN SAY THEY ARE A GAS STATION AND CAN ENJOY THE USES OF A GAS STATION. IF WE PASS THIS ORDINANCE TONIGHT IT WOULD SIGNIFICANTLY NARROW THAT AND THEY'D ONLY BE ABLE TO LOCATE AN ICD UNDER STRICT GUIDELINES. >> ASKING IF YOU CAN BE THERE FOR 12 HOURS AND ITS CONDITIONAL USE CAN THAT BE RESTRICTIVE FURTHER THAN 12 HOURS? >> THAT CAN BE RESTRICTED. >> THANK YOU. >> BUT THERE IS NO WAY WE CAN PREVENT SOMEONE FROM PARKING OVERNIGHT AT THIS SPECIFIC FACILITY? >> NOT FROM THE ZONING ORDINANCE. >> IF YOU ARE ANOTHER MECHANISM? >> IS THERE A NUISANCE CATEGORY? >> REAL QUICK. WHAT WE HAVE TO DO TONIGHT IS IF YOU ARE NOT CERTAIN AND YOU WANT OTHER RESEARCH DONE, YOU HAVE TO POSTPONE THIS BECAUSE WE DEAFLY ARE NOT PREPARED AT THE MOMENT TO TALK ABOUT ASPECTS OF WHAT CAN BE DONE IN CITY CODE OR ANYTHING ELSE. WE NEED TO DO RESEARCH AND I DO NOT WANT TO DO THIS IN THE MIDDLE OF A MEETING BECAUSE WE ARE NOT PREPARED WITH ANY RESEARCH TO ANSWER THOSE QUESTIONS. HOWEVER THE REASON WE ARE DOING THIS IS RIGHT NOW WE CANNOT STOP [00:20:01] ESPECIALLY A PERMITTED USE GAS STATION. IF SOMEBODY SHOWS UP TOMORROW WITH ONE AND THEY HAVE TRUCK CANOPIES AND ALL OF THAT WE CANNOT STOP THEM FROM DOING THAT. WE HAVE NO REGULATORY MECHANISM TO SAY YOU CAN'T DO THAT IN THIS AREA. >> IF WE MOVE FORWARD WITH THIS THERE'S NOTHING STOPPING US GOING BACK AND EXPLORING -- >> OTHER OPTIONS, YOU ARE CORRECT. WHAT WE DON'T KNOW AND WHAT WILL HAVE TO DIG IN TO THE EXISTING ONE THAT IS PROBLEMATIC, I DON'T KNOW HOW RETROACTIVELY ANYTHING WE CAN DO TO APPLY AND THAT SOMETHING WE HAVE TO INVESTIGATE. >> I WOULD ENCOURAGE, COUNCIL, GO AHEAD AND VOTE ON THIS TONIGHT AND ASKED THE STAFF TO LOOK INTO THIS REGARDING THIS SITUATION ON 280. THAT WOULD BE MY ENCOURAGEMENT. >> MANAGING TRUCK STOCKS IN GENERAL? >> YES. >> MAY I ASK, IS A FACILITY THAT IS THEY ARE NOW ONLY EIGHT MONTHS OLD? >> YES. >> OKAY. >> FOR SOME REASON I WAS UNDER THE IMPRESSION IT WOULDN'T BE OVERNIGHT PARKING. >> THEY DO HAVE SIGNS POSTED. >> CORRECT. >> AGAIN, THIS IS AN OPINION AND NOT A CITY ORDINANCE. THE EMPLOYEES AT THE GAS STATION HAVE TO BE WILLING TO CALL AUBURN PD AND SAY THIS IS HERE TOO LONG. THEY HAVE SIGNAGE WHICH THEY DIDN'T HAVE. THEY GLADLY PUT IT UP. BECAUSE NOISE IS BOTHERING THEM. IT'S HARDER FOR POLICE TO MOVE ON -- IS THAT FAIR? >> IT'S DIFFICULT. IF THE TRUCK IS SITTING THERE RUNNING, WE AREN'T GOING TO SIGN ON THE CAB AND NO ONE ANSWERS THE DOOR. FOR US TO MOVE IT WOULD REQUIRE US BRINGING IN A HEAVY DUTY WRECKER. A LOT OF LOGISTICS TO IT. BUT YEAH. CERTAINLY HAVING A PROPERTY OWNER OR MANAGEMENT ENGAGE WITH US TO SAY THE TRUCK HAS BEEN HERE TOO LONG WOULD BE THE, YOU KNOW, THE THING THAT WE'D NEED TO GET THE PROCESS STARTED. >> THAT'S NOT HAPPENING RIGHT NOW? >> NOT TO MY KNOWLEDGE. >> RACETRACK OR WHATEVER YOU NEED TO DO THAT, COULD THEY NOT PUT A LETTER ON FILE WITH THE CITY WE CAN ENFORCE BEING THERE OVERNIGHT, EVERYBODY HAS TO LEAVE? >> THAT SOMETHING WE HAVE TO LOOK INTO WITH THE JUDGE AND OTHERS ABOUT THE ENFORCEABILITY OF THAT. OUR CHALLENGE IS BECAUSE IT IS PRIVATE PROPERTY AND WE DO NOT HAVE A CITY REGULATION TO GOVERN THAT BEFORE IT WAS THERE, IT'S CHALLENGING TO MAKE IT GO AWAY. >> I GUESS TO CLARIFY WHAT I'M ASKING, IF YOU ARE TRESPASSING ON A PIECE OF PROPERTY, THEY CAN'T COME BACK WITHOUT COMMUNITY REST. CAN WE GET SOMETHING FROM RACETRACK OR WHATEVER AND SHOW THAT NOBODY BEING IN THAT PARKING LOT AFTER A CERTAIN TIME OF NIGHT? >> THAT'S WHY I'M SAYING WE NEED TO RESEARCH THAT. I UNDERSTAND FROM THE TRESPASS STANDPOINT FROM AN INDIVIDUAL I DO NOT KNOW ABOUT SEMI TRUCKS AND SO ON. IT MIGHT BE EXACTLY APPLICABLE. I WANTED THE OPPORTUNITY TO RESEARCH IT. >> THANK YOU. >> I WOULD THINK WE HAVE SOME OTHER OPTIONS. I KNOW WE DO NOT HAVE A NOISE ORDINANCE BUT WE STILL RESPOND BUT WE HAVE CITIZENS COMPLAIN AND THE COMPLAINTS TO APPLY TO PRIVATE PROPERTY WHEN THERE IS ONGOING, LIKE YOU SAID, AN EVENT PARTY. WE OUGHT TO HAVE POLICE RESPOND FROM A NUISANCE PERSPECTIVE OR NOISE PERSPECTIVE FOR DISTURBING THE PEACE OR SOMETHING IN THE MEANTIME. >> SO WE ARE ALWAYS AVAILABLE TO RESPOND TO ANY COMPLAINTS WHETHER IT'S FROM THE PROPERTY MANAGEMENT OR FROM THE NEIGHBORING RESIDENT'SES. WE WILL GO OUT THERE AND REVIEW THE SITUATION AND SEE IF THERE IS ANYTHING THAT CAN BE DONE. BUT A TRUCK IDLING IN A PARKING LOT DESIGNED FOR TRUCKING LOTS TO BE -- I DID NOT KNOW, IF IT WOULD CARRY ENOUGH WEIGHT, IF IT'S A DISORDERLY CONDUCT BY MAKING REASONABLE NOISE. THAT'S VERY SUBJECTIVE TO THE OFFICER WHO ACTUALLY RESPONDS TO THAT MOMENT IN TIME. >> THE NEIGHBORS HAVE TRIED EVERYTHING. THEY'VE TRIED EVERYTHING WITH THE GAS STATION. THEY'VE TRIED EVERYTHING THEY HAVE COME A CALL NOTICE COMPLAINTS IN. CERTAINLY WORKING ON THIS BUT WE HAVE TO WORK IN THE CONFINES OF THE LAW. I THINK AT THIS JUNCTURE IT'S YOUR DECISION IF YOU WANT TO MOVE FORWARD FROM THE ZONING PERSPECTIVE AND LOOK AT ALL THE THINGS RAISED TONIGHT OR IF YOU [00:25:02] WANT TO PAUSE HERE WHILE WE LOOK INTO THOSE THINGS. OR NOT ADOPTED AT ALL. THOSE ARE YOUR CHOICES. >> WHAT IS THE COUNCIL'S WISH? >> I AGREE WITH THE MAYOR ON THIS ONE. >> YOU ARE FINISHING STRONG. >> WE CAN GO AHEAD AND VOTE ON THIS AND PROHIBIT THINGS. >> WE CAN GET RACETRACK SQUARED AWAY. >> THIS CAN BE AMENDED LATER IF THERE IS MORE THAT NEEDS TO BE ADDED OR ADJUSTED. >> OKAY. >> GRISWOLD? >MOREMAN? >> YES. >> ADAMS? [9.b. Rezoning. Farmville Mixed-Use PDD Amendment. Amend the 14.17 acre Farmville Mixed-Use Planned Development District (PDD). Property located at the northwest corner of East Farmville Road and US Highway 280. Unanimous consent necessary. Planning Commission recommendation. Public hearing required.] COBLENTZ? >> YES, MA'AM. >> ANDERS. >> ITEM 9B IS A REQUEST TO ADMIN 14.17 MIXED-USE DISTRICT LOCATED ON EAST FARMVILLE ROAD AND U.S. HIGHWAY 280 BY ELIMINATING THE MULTIFAMILY COMPONENT, DECREASING THE NUMBER OF TOWNHOMES BRINGING THE TOTAL UNIT COUNT OF ALL RESIDENTIAL UNITS TO 61 UNITS AT INCREASING THE AMOUNT OF COMMERCIAL SQUARE FOOTAGE FROM 12,000 SQUARE FEET TO 24,000 SQUARE FEET. THE PLANNING COMMISSION RACKS REQUESTED APPROVAL FOR THIS JUL. UNANIMOUS CONSENT IS NECESSARY AT A PUBLIC HEARING IS REQUIRED. >> ASK FOR UNANIMOUS CONTENT. >> MOTION TO SECOND. DOES A COUNCIL HAVE A PROBLEM TO MOVE FORWARD ON THIS THIS EVENING? WE'LL MOVE THE PUBLIC HEARING HERE. WE'D LIKE TO ADDRESS THE CITY COUNCIL. GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU 5 MINUTES TO SPEAK. WE'LL CLOSE PUBLIC HEARING. ANY COMMENTS OR QUESTION FROM THE COUNCIL? >> I DO. THE LAYOUT OF THE HOUSING PIECE IS FACING A PORTION OF THAT, IS THERE SOMETHING IN PLACE THAT WOULD PROTECT THE CLEARING STRAIGHT TO 280 LIKE WE HAVE RECENTLY SEEN AT THE FRONT OF ASHTON LAKES THAT THE HOUSING UNITS ARE NOT, LIKE, BLATANTLY VISIBLE FROM 280? IT'S PRETTY EGREGIOUS AND IT LOOKS AWFUL. ALSO I DON'T KNOW WHY ANYBODY WOULD WANT TO LIVE WITH A HIGHWAY IN THEIR FRONT OR BACK YARD. >> I WOULD SAY THAT WE DIDN'T PUT A CONDITION FOR THAT. I THINK ON THE FIRST ONE THERE WAS. UNDERSTAND THAT THEY HAD TO MAINTAIN IT DUE TO THE EXCHANGES. BUT WITH THE AMENDMENT THAT'S GOING AWAY THAT SOMETHING WE CAN ASK FOR. THERE IS A MECHANISM TO DO THAT. >> YOU CAN ASK BUT YOU CAN'T REQUIRE. >> CAN WE CONDITION THAT HERE THIS EVENING? >> ONLY WITH ZONING AND A PLANNED DEVELOPMENT. >> IS APPLICANT PRESENT THAT WE MAY ASK A QUESTION? >> REPRESENTING. >> DO YOU KNOW IF THE PLAN IS TO KEEP IT UNDER >> RIGHT NOW WHERE THETOWNHOMESW THE ROAD. WE'VE BEEN WORKING WITH THE D.O.T. TO BASICALLY FEEL THAT AREA UP AND BRING IT UP THERE. I GUESS MY POINT TO YOU IS IF WE DO CLEAR THE AREA WE CAN PLAY BACKUP UPPER IN PLACE OF IT. OTHER THAN THAT WE'D BE BUILDING A BIG WALL. >> YOU ARE SAYING THE TREES ARE GOING TO GO. >> PROBABLY, YES. BECAUSE THE WAY IT'S GOING, IT'S SO LOW THROUGH THERE, THE AREA WHERE THE TOWNHOMES ARE, IT'S PROBABLY 25, 30 FEET BELOW THE ROAD RIGHT NOW. WHERE THAT IS SITTING. >> I WANT TO AVOID WHAT WE SEE AT THE ENTRANCE OF ASHTON LAKES WHERE THEY TOOK THE SCREEN DOWN THAT WAY. THE TREES, REMOVE THEM FROM THE FRONT EDGE OF 280. AND YOU ARE JUST MET WITH -- >> I THINK IN THAT SITUATION HERE THEY AREN'T DONE. THEY'LL BE BACK IN PLANNING IT. THE INFIELD ON THE OTHER SIDE AND BUILDING THE FENCE THERE, I THINK YOU'LL HAVE THAT THEY ARE. I THINK THE HOMEOWNERS WILL DEMAND IT AT THAT PRICE POINT ANYWAYS. BUT, YOU KNOW, WHEN WE ARE [00:30:04] RAISING THESE GRADES UP AND IF WE DON'T AND BUILD A WALL YOU MAY BE SEEING THESE THINGS ABOVE THE TREES BECAUSE THE ROAD IS REALLY -- IT REALLY FALLS DOWN THROUGH THERE. >> WILL THEY BE CLEARING ON THE D.O.T. SIDE? >> WE'VE HAD CONVERSATIONS ON D.O.T. CLEARING UP THERE. THE GUARD RAIL WOULD BE GOING AWAY BECAUSE WE BE BRINGING EVERYTHING UP UNDERWAY. >> THE ENTRANCE IS OFF OF FARMVILLE. >> CORRECT. THE ONLY ENTRANCE OFF FARMVILLE. >> PERFORMANCE, WOULD IT HAVE A BUFFER YARD REQUIRED ANYWAY? >> THAT'S CORRECT. >> OKAY. I'LL LEAVE THAT IN THE HANDS OF THE DART. I JUST -- >> I DO AGREE WITH YOU. IT WON'T BE CLEAR THAT THERE'S NOTHING THERE. I THINK THAT THERE WILL BE A BUFFER. THE PREVIOUS -- WE WERE GETTING DENSITY CREDIT FOR A LAND STRIP. I THINK THE LAND STRIP, WE ARE STILL GOING TO LANDSCAPE THE AREA AND BLOCK IT. I THINK THE HOMEOWNERS WILL DEMAND IT. IF WE DON'T, YOU KNOW WHAT I MEAN? IF WE END UP DOING IT DIFFERENTLY, WE'LL TRY TO SAY VEGETATION. BUT I THINK FOR THE MOST PART WE ARE PROBABLY GOING TO BE RAISING THAT AREA UP BECAUSE OF HOW WEIRD THE GRADES ARE IN THAT AREA. >> THANK YOU. >> ANY OTHER COMMENTS OR QUESTION? >> OKAY. ALLISON? >> MOREMAN? PARSONS? TAYLOR? WITTEN? ADAMS? COBLENTZ? DAWSON? GRISWOLD? ANDERS? >> MAYOR, WE HAVE ISSUES WITH OUR LIVE STREAM SO WE ARE DIRECTING TO THE CITY'S INTEGRATED PLAYER. CHECK IN OUR SOCIAL MEDIA CHANNELS, TRYING TO FIND IT, WE ARE HAVING LIVE STREAM PROBLEMS BUT DOESN'T MEAN THE MEETING IS NOT BEING RECORDED AND IT'S NOT AVAILABLE ON OUR WEBSITE. IT JUST MEANS YOUTUBE AND [10.a.1. 152 Bragg Avenue - Multiple-Unit Development. Performance residential development (multiple-unit development). Property located at 152–160 Bragg Avenue in the Corridor Redevelopment District - West (CRD-W) zoning district.] FACEBOOK, TRYING TO RESOLVE T THIS. UNDER RESOLUTIONS, USE APPROVAL OF AN EIGHT UNIT PERFORMANCE RESIDENTIAL DEVELOPMENT KNOWN AS MULTIUNIT DEVELOP MEANT TO BE LOCATED AT 152 AND 160 BRAGG AVENUE. THE CORRIDOR REDEVELOPMENT WEST ZONING DISTRICT PAID THE PROJECT IS KNOWN AS 152 BRAGG AVENUE. THE CONDITION IN ITS AUGUST 13TH MEETING WITH THE FOLLOWING CONDITIONS. A NUMERICALLY PAT MUST BE APPROVED FOR ACCEPTANCE OF THE CONSOLIDATIONS OF 152 AND 160 BRAGG AVENUE DURING THE APPLICATION PROCESS. THE FINAL PLAT MUST BE ACCEPTED AND COMPLETE BEFORE FINAL INSPECTIONS AND OCCUPANCY WILL BE COMPLETED. AND, THREE, THE REQUIRED OPEN SPACE MUST BE SHOWN ON THE DART PLANS. A PUBLIC HEARING IS REQUIRED. >> MOVE FOR APPROVAL. >> SECOND. >> MOTION TO SECOND. THIS TIME I OPEN PUBLIC HEARING. IF YOU LIKE TO ADDRESS, PLEASE COME FORWARD. GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE . >> GOOD EVENING. >> GOOD EVENING. NOTHING IN PARTICULAR I WANT TO POINT IN PARTICULAR I WANT YOU TO KNOW FOR MYSELF AND DEVELOP IN TEAMS HERE IN CASE YOU HAVE PARTICULAR QUESTIONS ON DEVELOPMENT I'M EXCITED FOR ANOTHER ONE. THANK YOU. >> THANK YOU. ANYONE ELSE? OKAY. WILL CLOSE PUBLIC HEARING. DOES COUNCIL HAVE ANY QUESTIONS? COMMENTS? >> THIS IS MR. BAR MILLS BUILDING WHICH INCLUDES A LIGHT ON THE CORNER. THE EMPTY LOT ON THE CORNER. HAS BOATS AND THINGS PARKED ON IT ACROSS -- THAT'S CORRECT. SO I GUESS I'LL JUST HOLD THE FLOOR HERE. THERE IS GOING TO BE PARKING UNDERNEATH EACH BUILDING AS I UNDERSTAND IT. >> YES. >> PART OF THAT PARKING WILL BE TANDEM. WE'VE DONE THIS WITH OTHER PROJECTS AROUND THE CITY AND MY QUESTION IS HOW IS THAT WORKING? >> I WOULD SAY THIS IS THE PREFERRED METHOD FOR IT WHERE IT'S EACH INDIVIDUAL UNIT WHERE ALL THE PEOPLE WHO WOULD BE TANDEM PARKING UNDER A UNIT -- I GUESS THEY HAVE FACE-TO-FACE CONTACT WITH ONE ANOTHER INSTEAD OF THE BIGGER BUILDINGS. HAVEN'T BEEN ANY FEEDBACK YET. I DO NOT THINK THOSE ARE COMPLAINTS WE WOULD FIELD. BUT FROM A DESIGN STANDPOINT WE HAVEN'T HAD ANY ISSUES. [00:35:01] >> THERE ARE FOUR CAR PARKING PLACES UNDER EACH ONE. THERE IS TO GO EACH TWO. THERE IS A TOTAL OF 58 PARKING PLACES. THAT'S A LOT. IT'S .6 ACRES OR SOMETHING LIKE THAT? >> IT'S .8 AND ONE OF THE THINGS WAS THE ADDITIONAL PARKING FOR THE COMMERCIAL PIECE THAT WAS VERY INTEGRAL TO THE DEVELOPERS PROCESS DESIGN OF THE SITE. AND WHEN HE REWORKED IT IT WAS VERY CRITICAL THAT HE MAINTAINED IT. THAT'S WHY THERE ARE SO MANY PARKING SPACES. >> ALL RIGHT. I THINK I HAVE ANOTHER QUESTION. BUT ALL LEAN ON THAT NOW. >> ANYONE ELSE HAVE A QUESTION? >> YES, MR. GRISWOLD. >> MET WITH MR. PALMER AND MR. RAY, OUR FAVORITE ARCHITECT. I'M IMPRESSED WITH WHAT THEY'VE DONE. IT'S A NICE PROJECT. BRAGG NEED SPRUCING UP IN THE COMBINATION OF RESIDENTIAL, TODAY'S WELCOME. I ENCOURAGE SUPPORT FOR THIS ONE. >> ANYONE ELSE? OKAY. WE'VE GOT A MOTION TO SECOND. [10.a.2. Celebration Event Center. Commercial and entertainment use (event center). Property located at 1000 Main Street, Suite B.] ALL IN FAVOR, PLEASE SAY AYE. MOTION CARRIES. >> AND EVENT CENTER LOCATED AT 1,000 MAIN STREET SUITE B IN THE COORDINATOR KNOWN AS CELEBRATION EVENTS CENTER AND PUBLIC HEARING IS REQUIRED. >> MOTION SECOND ON THE PUBLIC HEARING. IF YOU'D LIKE TO TALK TO THE CITY COUNCIL COME FORWARD AND GIVE US YOUR NAME AND ADDRESS AND YOU'LL HAVE 5 MINUTES. OKAY. WILL CLOSE PUBLIC HEARING. ANY QUESTIONS, COMMENTS FOR THE COUNCIL? >> IS APPLICANT HERE? >> I DON'T BELIEVE SO. >> I DON'T REALLY HAVE AN ISSUE WITH THE TYPES OF EVENTS -- THESE FOLKS HAVE BEEN IN THIS LOCATION, THEY BEEN AT MIDTOWN FOR LITTLE WHILE NOW OPERATING OUT OF A MUCH SMALLER VENUE THAT ALSO OPENS UP OUTSIDE. I DON'T BELIEVE THERE BEEN ANY ISSUES WE'VE HAD WITH THEM. BUT IS THERE A TIME FRAME THEY ARE ALLOWED TO HOST EVENTS? >> THERE ARE NO CONDITIONS POSED. >> THAT'S BECAUSE THAT TYPE OF ANSWERS THEY GAVE AT THE PUBLIC HEARING WERE SATISFACTORY TO THE POINT OF COMMISSION. NO OUTDOOR EVENTS. THINGS ARE WRAPPED UP BY 10:00. VERY SMALL SCALE. DON'T REALLY SERVE -- THEY ANSWERED THOSE QUESTIONS SPECIFICALLY. A LOT OF THINGS CATERED TOWARDS CHILDREN'S EVENTS AND THINGS LIKE THAT. LIKE A BIRTHDAY PARTY, MOVIE NIGHT FOR A 7-YEAR-OLD. STUFF LIKE THAT. >> YOU SAY WRAP UP BY 10:00. IS THAT A GOOD FAITH AND PRACTICE THEY ARE TO HAVE? >> THAT'S HOW HE CHARACTERIZED THE EVENTS CURRENTLY ON WHAT THEY'VE DONE. I MEAN HE SAID THEY ARE NOT REALLY GOING LAY ON THAT. >> IF YOU ARE CONCERNED ABOUT IT YOU NEED TO PUT A TIME RESTRICTION ON THERE. >> SHOULD THEIR BUSINESS MODEL CHANGE... >> THEY WILL NOT BE BEHOLDEN TO THAT. BUT THE CURRENT BUSINESS MODEL IT'S THESE WEIGHT OF HUMANS LATE AMUSEMENTS, IT'SCATERED TOC DEMOGRAPHIC. >> NOTHING TO THE APPLICANT BUT IF YOU'RE GOING TO DO IT IT'S A TIME TO DO IT. >> WE DON'T WANT THE GOOD PEOPLE OF CHERRY STREET TO BE UPSET WITH US. >> I DO NOT THINK WE WANT THE PEOPLE ON OUR PLACE TO BE UPSET. I'D LIKE TO PROPOSE A CONDITION BE PLACED ON THIS THAT THE EVENTS AT THIS CENTER DON'T EXCEED 10:00. >> SEVEN DAYS A WEEK. >> SEVEN DAYS A WEEK. >> SECONDED. >> THE MOTION IS SECONDED TO LIMIT THE USE UNTIL 2:00, 10:00 P.M. ANY COMMENTS ABOUT THAT, THOUGHTS? >> COULD IT BE THAT THE CONDITION IS FOR IF THEY HAVE ENTERTAINMENT? BECAUSE IF THEY ARE JUST INSIDE CONGREGATING AND NOT DISTURBING ANYBODY AND SAY IT'S 11:00, THIS IS A FACILITY, AN AREA THAT HAS A RESTAURANT THAT STAYS OPEN FAIRLY LATE THAT HAS A BAR WITH AN OUTSIDE PATIO... I DO NOT WANT TO BE PUNITIVE TO A BUSINESS, I'LL CUT OFF FOR TIME IF MAYBE WE CAN BE MORE SPECIFIC THAT IT CAN'T BE [00:40:02] AMPLIFIED NOISE PAST TEN. BECAUSE, FIRST OF ALL, WHAT IS THE CAPACITY OF 1200 SQUARE FEET FOR A NUMBER OF PEOPLE? DO WE KNOW WHAT THE CAPACITY, WITH THE FIRE CODE IS FOR? >> HE'S CHECKING IT. I WILL TELL YOU THIS. THE MORE YOU NUANCE ON SOMETHING, THE HARDER IT IS TO ENFORCE. WHILE THAT IS YOUR PREROGATIVE WE ULTIMATELY WE ARE SENDING POLICE OUT THAT DON'T HAVE THE ZONING ORDINANCE IN FRONT OF THEM. AND SO ONE OF THOSE NUANCED THINGS IS TO ENFORCE THAT WE'D HAVE TO KNOW ALL OF THOSE THINGS AND WE'LL HAVE TO INPUT THAT INTO OUR COMMUNICATION SYSTEM WHICH WE CAN DO. THERE IS GENTLEMEN'S AGREEMENTS THROUGHOUT TOWN WHERE THE GOLF CLUB DOES THAT DOES ANYBODY KNOWS WHO LIVES IN THE AREA ON WEEKENDS -- WELL, NOT FRIDAY OR WEEKDAYS BUT MONDAY THROUGH THURSDAY A CERTAIN TIME FRIDAY AND SATURDAY THEY GO AN HOUR LATER AND, YEAH, MYSELF I CAN HEAR THE D.J. AND THE MICROPHONE SAYING THAT WE HAVE TO SHUT IT DOWN. YOU KNOW IF YOU LIVE IN AN AREA IT STOPS. IT'S BEEN AN AGREEMENT MANY YEARS. I THINK THE CHALLENGE IS YOU DON'T HAVE THE CONDITION ANYTHING BUT YOU CAN'T BRING IT BACK BEFORE YOU REVIEW THE USE. WITHOUT THAT, THE NOISE COMPLAINTS CAN BE CALLED INTO PLACE, THINGS CAN BE SHUT DOWN IF THEY ARE ALLOWED AN OUTSIDE REGARDLESS. OR ALLOWED IN THE SIDE SERVING PEOPLE, THE NUISANCE SIDE IS THERE. IT'S REALLY YOUR CALL. >> I WOULD BE INCLINED TO ASK IF WE COULD MAYBE POSTPONE THIS SO THAT WE CAN HAVE A CONVERSATION WITH THE BUSINESS CENTER AS TO WHAT THEIR TRUE INTENT IS AND ALSO EVALUATE WHAT THE RESTAURANT -- WHAT THE COMPARISONS ARE, WITH THAT BEING PRESENT I FEEL LIKE THIS MIGHT BE AN ATTEMPT TO BE PUTATIVE WITHOUT -- YOU KNOW, TRULY ENTERTAINING WHAT THE MODEL IS. >> I'M PERFECTLY FINE WITH THAT. THE INTENT HERE IS NOT TO BE PUTATIVE. AND WE'D LIKE TO WORK, WE'D LIKE TO PUT SOMETHING IN PLACE THAT ALLOWS THEM TO OPERATE THEIR BUSINESS WITHOUT DISTURBING THE SURROUNDING AREA. >> I'D MOVE TO IT -- WELL, WE NEED TO MOVE -- >> THERE MAY BE APPOINTED INFORMATION. THIS WAS SUPPOSED TO BE ON PREVIOUS AGENDAS. IT HAS ALREADY BEEN DELAYED? I WANT YOU TO HAVE THIS INFORMATION, IF YOU DON'T MIND. >> I THINK IT GOT DELAYED TWICE. ONE TIME WHERE THERE WASN'T CLARITY ON WHAT THE EVENTS WERE. THERE IS EXPECTATION THAT THIS IS GOING ON THE THIRD TIME. AND IT'S ALSO THE 60 DAY RULE. THE PLANNING COMMISSION HAS TAKEN ACTION ON THIS. IT'S ANOTHER TWO MONTHS OF RUNWAY. >> THEY CAN POSTPONE AS LONG AS THEY WANT. >> CORRECT. I WANTED THE AWARENESS THAT'S BEEN CIRCULATING A BIT. I DO NOT KNOW WHAT'S IN THE APPLICANT'S WORLD WITH THAT. >> SO CAN WE UNWIND THE AMENDMENT THAT HE OFFERED OR DO WE NEED TO -- >> IT'S ON THE TABLE AND IF YOU MOVE TO POSTPONE YOUR POSTPONING WHERE IT IS. IF YOU COME BACK TO THAT AT ANOTHER MEETING YOU ARE GOING TO LEAVE THE MMM WHERE IT IS. YOU CAN WITHDRAW IT. YOU CAN WITHDRAW IT NOW BEFORE YOU POSTPONE, WE ARE JUST PAUSING WHERE THIS IS. >> POSTPONING IT TO A DATE? >> ONE IS THE NEXT MEETING? >> SEPTEMBER 1. >> DO YOU HAVE A SECOND ON THAT ALREADY? >> SECONDED. >> I THINK THERE IS A TYPE OF NEED FOR THESE FACILITIES IN THE COMMUNITY. PLACES TO HOLD EVENTS. I COMMEND THEM FOR THAT. WE WILL TAKE THIS UP ON SEPTEMBER 1. >> YOU NEED TO VOTE ON THE POSTPONEMENT PLEASE. >> ALL IN FAVOR, PLEASE SAY AYE. [10.a.3. Chateau Apartments. Performance residential use (multiple-unit development). Property located at 560 North Gay Street. ] WE ALL TALK ON IT SEPTEMBER 1ST. >> ITEM THREE IS USED FOR MULTIUNIT DEVELOPMENT LOCATED ON NORTH GAY STREET. KNOWN AS CHATEAU APARTMENTS. FOLLOWING CONDITION THAT A 5-FOOT SIDEWALK BE CONSTRUCTED ALONG THE DEVELOPMENT ON NORTH GAY STREET AND MARVIN AVENUE. PUBLIC HEARING IS REQUIRED. >> MOVE FOR APPROVAL. >> SECOND. >> THIS TIME WE'LL OPEN IT TO PUBLIC CARE. IF YOU'D LIKE TO ADDRESS CITY COUNCIL PLEASE COME FORWARD. YOU'LL HAVE 5 MINUTES TO SPEAK TO THE COUNCIL. OKAY. WE WILL CLOSE PUBLIC HEARING. ANY COMMONS OR QUESTIONS FROM [00:45:01] THE COUNCIL? >> I'VE GOT A QUESTION. THESE CHATEAU APARTMENTS, THEY ARE, I GUESS RESIDENTIAL? FOR RESIDENTS? THAT KIND OF STUFF? ARE THEY PLANNING ON TEARING THESE APARTMENTS DOWN, AND THEY WILL BE STOOD NEAR APARTMENTS? >> ALL APPLICANTS' REPRESENTATIVES SPEAK TO THIS. UNDER THE PURVIEW OF THE CITY, APARTMENTS ARE APARTMENTS. I KNOW STUDENTS CAN LIVE THERE BUT FROM A RENTAL STANDPOINT THEY HAVE A HARD TIME RENTING TO STUDENTS. MAY ALSO BE REFERRING TO THE COSTS THEREOF IF THEY ARE TORN DOWN AND REBUILT. IF I'M UNDERSTANDING THE RENTAL RATE IS GOING TO GO UP AND THEY MAY BE DESIGNED A LITTLE LESS FOR FAMILIES AND A LITTLE MORE FOR STUDENTS BASED ON THE LAYOUT IF I'M UNDERSTANDING THIS CORRECTLY. I THINK IT WOULD BE BEST, IT'S SOMETHING STAFF WOULD SPEAK TO BUT THE APPLICANT CAN. >> MS. TAYLOR, WHICH LIKE TO COME FORWARD TO SPEAK ABOUT THAT? BRETT? >> BRETT BASKIN THE REPRESENTING APPLICANT. THE EXISTING BUILDINGS WILL BE TORN DOWN AND REPLACED WITH EXISTING STRUCTURES IN PRETTY BAD SHAPE BEYOND THE USEFUL LIFE OF WHAT THEY ARE INTENDED TO BE USED FOR. THE INTENT IS TO BUILD MARKET RATE APARTMENTS THERE. TO REPLACE THEM ON THE SAME PIECE OF PROPERTY THERE. >> A LITTLE LESS NOT THE PRIVATE DORMITORY STYLE. >> THIS IS MARKET RATE. YOU CAN'T DO THE PRIVATE DORMITORY TYPE PRODUCT AT THIS LOCATION. >> THAT DOESN'T MEAN FOUR SMALLISH BEDROOMS, FOUR SMALLISH BATHROOMS. THIS HAS MORE OF A REGULAR APARTMENT LIVING AREA AND VARIOUS BEDROOM CONFIGURATIONS? >> THE CITIES HAVE A REQUIREMENT ON THE DIFFERENCE BETWEEN THOSE TWO SO WE'LL HAVE TO MEET THE MARKET RATE REQUIREMENT THERE. >> I THINK IT'S FAIR TO SAY THAT STUDENTS WILL LIVE THERE. THEY LIVE EVERYWHERE IN TOWN. >> HOW MANY UNITS ARE BEING DEMOLISHED? >> AT CHATTEL THERE IS 72 UNITS AND WE WILL BUILD BACK 65 UNITS AT CHATEAU THERE IS 72 UNITS AND WE WILL BUILD BACK 65 UNITS. THE DENSITY THAT USED TO BE ALLOWED IS A LOT MORE. SO YOU'RE ACTUALLY REDUCING THE UNIT DENSITY HERE WITH THIS DEVELOPMENT. >> I THINK AT THAT CHATEAU, I DO KNOW PEOPLE WHO LIVE IN BOTH OF THEM. IF I'M NOT SPEAKING TO PREMATURELY, THESE CHATEAU APARTMENTS BASICALLY BASED MAY BE TWO-BEDROOMS FOR A CERTAIN PRICE. SIX, $700. THREE BEDROOMS FOR A LITTLE BIT FULL. THESE APARTMENTS WHEN YOU TEAR THEM DOWN ARE GOING TO BE WAY THAT AND YOU'VE GOT FAMILIES LIVING OUT THERE NOW THAT'S NOT GOING TO BE ABLE TO AFFORD TO MOVE BACK INTO THESE APARTMENTS PROBABLY AT THAT RATE. IT CONCERNS ME. ESPECIALLY FOR FAMILIES WHO MAY NOT BE ABLE TO HAVE A PLACE TO SAY DELL NEXT DAY. I KNOW THERE'S A LOT OF FAMILIES IT HURTS MY HEART TO KNOW IT'S GOING TO HAPPEN THIS WAY. I DO NOT KNOW WHAT. MAYBE I WASN'T AT THE PLANNING COMMISSION AND I DO NOT KNOW HOW PEOPLE FEEL ABOUT IT. I DO NOT KNOW PEOPLE CAME OUT AND MAYBE EVERYTHING WAS EXPLAINED TO THEM. BUT A LOT OF THESE PEOPLE ARE GOING TO HAVE TO BE RELOCATED AND I DON'T KNOW WHERE IN AUBURN THEY ARE GOING TO BE RELOCATED AT THAT RATE. AND I KNOW YOU ARE PROBABLY SAYING THAT'S NOT YOUR CONCERN BUT... >> WE COME BEFORE YOU IN A SITUATION LIKE THIS ASKING FOR USE APPROVAL. RIGHT? WE DON'T GO NOTIFY RESIDENTS BECAUSE WE DON'T EVEN KNOW IF WE CAN DO THIS PROJECT YET, RIGHT? THAT'S WHAT WE ARE HEARING BEFORE YOU TONIGHT. AS PART OF THIS PROJECT IF WE GET THIS APPROVED IT SETS THE NEXT STEP, RIGHT? WE DO KNOW THAT WHEN THESE LEASES DO EXPIRE, RIGHT, AND A MAJORITY OF THESE LEASES DO EXPIRE, YOU KNOW, IN APRIL AND MAY OF '27. SIX OR SEVEN MONTHS AWAY IS WHERE A MAJORITY OF THESE LEASES EXPIRE. THERE IS 44 OF THEM THAT EXPIRE IN JULY AND WHEN THOSE PEOPLE SIGN THOSE LEASES, THEY SIGNED A [00:50:01] LEASE SAYING THAT WITHIN 60 DAYS OF NOTICE THEY COULD GIVE 60 DAYS NOTICE AND REDUCE THE TERM OF THEIR LEASE. SO THAT'S ONLY 44. EVERYBODY ELSE IS EXPIRED BY THE TIME THIS PROJECT, IF WE WERE TO GET APPROVED COULD POTENTIALLY START. AND SO WE GO THROUGH THAT PROCESS OF HELPING THEM FIND, IDENTIFY, JUST BECAUSE ONE PERSON SPOKE AT A COMMISSION WE'VE RESEARCHED WITHIN A FIVE-MILE RADIUS WHAT IS AVAILABLE, THAT KIND OF STUFF COMPARABLE RENTS IN THAT KIND OF STUFF. THERE IS AVAILABILITY OF APARTMENTS WITHIN A 3-5-MILE RADIUS AND, YOU KNOW, WITH COMPARABLE RENTS. AND SO WE HAVE DONE THAT STEP. YOU KNOW, WILL CONTINUE TO MOVE FORWARD IF WE ARE ABLE TO GET APPROVAL TONIGHT AND KEEP MOVING FORWARD AND WE WOULD THEN PREPARE A GAME PLAN TO TALK WITH ATTENDANCE AND MAKE THEM AWARE OF SOMEBODY BUYING THIS. IF YOU ARE ONE OF THE 44 POTENTIALLY WE MAY WANT TO START IN JULY. I DON'T KNOW. WE'D REACH OUT TO THOSE PEOPLE AND START THAT COMMUNICATION AND MAKE THEM AWARE AND HELP THEM HOPEFULLY FIND SUFFICIENT HOUSING. >> I'VE ALSO HAD RESIDENTS FROM BOTH APARTMENTS CALL ME ABOUT THE SAME CONCERNS. THIS IS BASICALLY LOW-INCOME HOUSING RIGHT NOW. I DO NOT KNOW WITH THE FORMAL DIVISION OF THAT IS. WE ARE GOING TO DISPLACE QUITE A FEW FOLKS. WHAT I'M HEARING IS THAT YOU'RE WILLING TO HELP THE CURRENT RESIDENTS FIND OTHER ACCOMMODATION? >> I THINK THAT'S PART OF THE PROCESS. WE WILL HELP IDENTIFY LOCATIONS COMPARABLE. A MAJORITY OF THESE PEOPLE, I JUST SAID THAT THERE IS 240 UNITS THERE. RIGHT? ALL THOSE LEASES EXPIRE IN MAY EXCEPT FOR 44. A MAJORITY OF THOSE PEOPLE, WE WOULDN'T BE RENEWING THEIR LEASE. YOU KNOW WHAT I MEAN? A PART OF THOSE IS -- I WENT THERE YESTERDAY. >> INSIDE THE UNITS IT'S PRETTY DATED. >> I DON'T DOUBT THAT. I WOULDN'T CALL THAT WHAT I WANT OUR HOUSING TO LOOK. IT'S PRETTY BAD. SO -- BUT YES. WE WOULD ASSIST THE PEOPLE TO HELP IDENTIFY THOSE TYPE OF THINGS FOR THE PEOPLE. IF THE LEASES DO NOT EXPIRE BY THE TIME WE'D WANT TO START CONSTRUCTION, WE WORK THROUGH THOSE. >> THE ONES WHO CALLED ME WERE UNAWARE OF IT UNTIL IT CAME UP ON THE PLANNING COMMISSION AGENDA THAT THEY HAD NOT BEEN CONTACTED BY EITHER THE REALTY COMPANY OR THE OWNERS OR THE NEW DEVELOPERS AT ALL. CAUGHT A LOT OF FOLKS FLAT-FOOTED AND THEY WANTED -- MY RECOMMENDATION WAS WE START LOOKING. THAT'S KIND OF HOLIDAYS. >> I DON'T THINK THIS IS A SITUATION WHERE YOU'RE GOING TO COME IN AND KICK OUT PEOPLE, RIGHT? A MAJORITY OF THE LEASES EXPIRE BY THEMSELVES, RIGHT? THE ONES THAT DON'T WILL EXPIRE IN JULY. AGAIN, WE JUST WORK AND HELP -- IF WE WANTED TO START. IF NOT, WE JUST WAIT TILL THE LEASES EXPIRE AND THEY MOVE OUT AND NOBODY IS DISPLACED. BUT I DO NOT THINK -- THIS ISN'T SOMETHING WHERE IT'S GOING TO BE 30 DAYS YOU'VE GOT TO BE OUT OF HERE AND YOU ARE KICKED TO THE CURB TYPE THING. PLENTY OF TIME BETWEEN NOW AND THEN TO COMMUNICATE THAT. BUT AT THIS POINT IN THE PROJECT WE TYPICALLY WOULDN'T COMMUNICATE WITH A POTENTIAL -- AND EXISTING TENANT BECAUSE, YOU KNOW, IF YOU TURNED US DOWN, THE PROJECT IS DEAD AND YOU WOULDN'T BE ABLE TO -- YOU KNOW WHAT I MEAN? SO THIS IS SOMETHING THAT IS TYPICALLY DONE AT THE STEP IN THE PROCESS, WE CAN DO THIS PROCESS? THAT'S WHAT THE NEXT STEP TO BE TO START NOTIFYING AND MAKING PEOPLE AWARE OF WHAT THE POTENTIAL SCHEDULE WOULD BE SO, AGAIN, YOU'RE NOT CAUSING PEOPLE TO FEEL LIKE THEY ARE BEING KICKED OUT OR RUSHED OUT. THERE'D BE PLENTY OF MODIFICATION. >> YOU'RE GOING TO DO THAT NOTIFICATION IN CONSULTING WITH BOTH PROPERTIES? >> YES. >> IT WOULD COME THROUGH THE DEVELOPER WORKING WITH THE CURRENT PROPERTY MANAGER AND THE OWNER TO BASICALLY NOTIFY THOSE PEOPLE AND MAKE IT SO THEY ARE NOT HEARING RUMORS AND INNUENDO, YOU KNOW WHAT I MEAN, OF WHAT IT [00:55:02] IS. WE'D GIVE THEM A CAN MEDICATION PATH ON THIS IS WHAT WE ARE DOING AND THESE ARE THE DATES WE ARE LOOKING AT. THAT KIND OF STUFF. >> OKAY. ONE OTHER QUESTION. THE PROPOSED DENSITY AND THE ZONING DIFFER IN TERMS OF USE. THE MEDIUM DENSITY RESIDENTIAL OF FUTURE LAND USE -- I'M SORRY. THIS IS FOR STAFF. THANK YOU VERY MUCH. >> THANK YOU. >> MEDIUM DENSITY RESIDENTIAL FOR FUTURE LAND USE. LET'S SEE HERE, DID PERMIT BY ZONING. IN ONE CASE IS NOT PERMITTED AND THE OTHER CASE IT IS PERMITTED. I'M ASSUMING ZONING TAKES PRIORITY? >> CORRECT. IF A DEVELOPER IS ASKING TO REZONE THAT'S WHEN THE FUTURE LANDING STEPS IN. BUT IF THEY ARE ALLOWED TO UTILIZE THE ZONING ORDINANCE, THE BUYERS WITHIN THE ZONING DISTRICT THEY CAN TAKE ADVANTAGE OF THEM. SO I WOULD AGREE IT'S CONFUSING WHEN YOU TALK ABOUT EXISTING PROPERTIES, NOT ASKING EVERY ZONING WHY STEP MOMENT WOULD SAY THAT. POINTING OUT IT DOES DIFFER FROM THE FUTURE USE PLAN. >> I HAVE ONE MORE QUESTION FOR THE REPRESENTATIVE, IF I MADE? >> SURE. I APPRECIATE YOU CONSIDERING THE FUTURE OF THE EXISTING TENANTS AND THE FACT THAT YOU ARE SPEAKING ABOUT IDENTIFYING COMPARABLE CLASSES OF RESIDENTS IN THAT PRICE POINT. DOES YOUR ADVOCACY FOR THE EXISTING TENANTS EXTEND BEYOND THE IDENTIFICATION? DOES IT EXTEND TO WHETHER OR NOT THESE ARE COMPARABLE PLACES OF RESIDENTS IN FACT OCCUPY A BOWL OR EMPTY? OR SO ON? DOES YOUR NOTIFICATION SIMPLY EXTEND TO PLACES TO LOOK? >> I THINK THE LIST WE ARE LOOKING AT AND LOOKING TOGETHER OR PLACES AVAILABLE AND HAD OCCUPANCY. IT HAD AVAILABILITY AND VACANCIES. THAT'S BREACHING OUT A BUNCH OF PROPERTY MANAGERS SAYING WHAT IS AN AREA AT THIS PRICE POINT AND WHAT IS THAT? >> WHAT WE ARE ASKING RIGHT NOW, THE LEASES ENDING AT THIS TIME, ASSUMING IF YOU ARE IN A LEASE NOW, IT WAS NOW. BUT THAT COULD CHANGE IN FOUR MONTHS, SIX MONTHS OR EIGHT MONTHS. BUT THAT IS THE INITIAL ASSESSMENT WE ARE LOOKING AT. WHAT IS THE -- YOU KNOW WHAT I MEAN? IT SEEM LIKE THERE WAS A REASONABLE AMOUNT WITHIN 5-MILE RADIUS. >> THANK YOU. >> ANY OTHER QUESTIONS? COMMENTS? MOTION TO SECOND, ALL IN FAVOR, [10.a.4. LeMans Apartments. Performance residential use (multiple-unit development). Property located at 560 Perry Street.] PLEASE SAY AYE. ANY OPPOSED? ONE NAY. MOVING FORWARD. >> MULTI-UNITIVE ELEMENT LOCATED AT FIVE TO 60 PERRY STREET. THIS REDEVELOPMENT KNOWN AS LEMANS THE AUGUST 13TH MEETING WITH THE FOLLOWING CONDITION THAT A 5-FOOT SIDEWALK BE CONSTRUCTED ON MARTIN AVENUE ALONG THE PROPERTY FRONTAGE. PUBLIC HEARING IS REQUIRED. >> MOTION FOR APPROVAL. >> SECOND? >> SECOND. MOTION IS SECONDED. PLEASE COME FORWARD TO GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. YOU HAVE 5 MINUTES TO SPEAK TO THE COUNCIL. >> ELIZABETH WHITE. SIX CONCERNED AS THE ADMINISTRATOROI DEAL WITH THE LOW-INCOME FAMILIES DAILY. I'D URGE THE CITY TO THINK ABOUT IF YOU HAVE TRULY ATE 200 LOW-INCOME FAMILIES SUDDENLY WITHOUT HOUSING, I WOULD MAKE A PLAN AS A CITY TO HAVE AVAILABLE UNITS FOR THEM OR THERE IS GOING TO BE A GREAT DEAL OF PAIN COME THIS TIME WITH THESE UNITS. >> ANYONE ELSE WOULD LIKE TO SPEAK TO THE COUNCIL? OKAY. WILL CLOSE THIS PUBLIC HEARING. ANY COMMONS OR QUESTIONS FROM [01:00:01] THE COUNCIL? >> LET ME JUST SAY THAT I UNDERSTAND HIS EXPLANATION FOR THE APARTMENTS AS FAR AS THE LEASES EXPIRE. BUT I THINK WHEN THE LEASES EXPIRE THEY EXPECT -- THEY AREN'T EXPECTING TO BE DISPLACED. I THINK THEY ARE EXPECTING TO RENEW THEIR LEASES. I AM REALLY CONFUSED AS TO THE TUMOR TO SOMETHING PEOPLE WITHOUT HOMES AND NOWHERE TO GO. AND MOST PEOPLE WHO LIVE IN AUBURN WANT TO BE IN AUBURN REGARDLESS. I DON'T CARE WHAT YOUR FINANCIAL STATUS IS, WHAT COLOR YOU IS, OR WHATEVER. BUT MOST PEOPLE WHO LIVE IN AUBURN WANT TO BE IN AUBURN AND I'M GOING TO SAY IT AGAIN. IT BREAKS MY HEART JUST TO KNOW THAT THESE PEOPLE, AND I UNDERSTAND THEIR APARTMENTS MAY NEED UPDATING BUT WHY NOT UPDATE THE APARTMENTS AND LET THE PEOPLE MOVED BACK IN. THAT'S MY TAKE ON IT. AND SO I JUST... WHEN YOU READ INTO THE RESOLUTIONS GOING BACK, THEY ARE GOING TO BE STILL UPFRONT IN THOSE APARTMENTS. I HAVE NOTHING AGAINST STUDENTS. STUDENTS ARE EVERYWHERE HERE IN AUBURN. THEY GOT PLACES TO LIVE. BUT LOW-INCOME FAMILIES, IT'S AN ISSUE. WITH PEOPLE BEING DISPLACED. AND NOT HAVING A PLACE TO GO AND BE ABLE TO LIVE HERE IN AUBURN. IT REALLY SADDENS MY HEART. >> IDA PREVIOUS CONCERN WITH THE ITEM. IT'S SUBSTANTIALLY LARGER WITH MARTIN N. STREETS. WHAT'S THE EXPLANATION FOR THE RECOMMENDED APPROVAL? >> THERE IS NOT A WRECK RENDITION THE STAFF. >> OKAY. EXCUSE ME. >> JUST POINTING THAT OUT, AND I GUESS BRETT IS CORRECT. THAT'S WHY THE BEDROOM DENSITY IS SIGNIFICANTLY MORE THAN WHAT THEY ARE PLACING. IT'S SOMETHING TO POINT OUT THAT WAY. WE POINTED TO UNITS AND DIDN'T INFORM ANYBODY ABOUT THEM GOING BACK. AS FAR AS THAT'S RDD. A LOT OF THE DENSITY AROUND THERE. A LOT OF IT IS LE THERE ARE DUPLEXES AND I GUESS THIS IS THE BIGGEST PROPERTY THAT DOES ALLOW THEM TO MEET THE UNIT COUNT AND OBVIOUSLY DO THE FIVE BEDROOMS. SOMETHING THAT WOULD POINT OUT, AWARE WHAT THEY WERE VOTING ON. >> THIS DOES ALLOW FIVE BEDROOMS PER UNIT? >> YES. THIS IS RDD. >> BUT IT'S NOT A PRIVATE DORMITORY. >> CAN'T BE A PRIVATE TO MATURITY. IT WILL HAVE TO MEET THE MARKET RATE RATIO. AND SO THAT WILL BE 51%. THIS COMMON SPACE VERSUS THE 49% PRIVATE SPACE. THAT'S THE DISTINCTION BY DEFINITION. IT'S SOMETHING THEY'LL HAVE TO SUBMIT FLOOR PLANS THAT WILL HAVE TO BE REVIEWED AND APPROVED BY STAFF. >> ONE OF THE COMMENTS UNDER THE ANALYSIS WAS THAT IT'S AN IDEAL LIVING SPOT FOR STUDENTS. OBVIOUSLY WE DON'T REBUILD IT FOR STUDENTS. >> THE ORIGIN OF THAT COMMENT TALKING ABOUT IT AS BEING ALLOWED IN CAMPUS. THAT LOCATION IS WITHIN A MILE CAMPUS. IF YOU ARE ON THAT CORE DOOR ANY DAY DURING THE WEEK, YOU WILL SEE DROVES OF STUDENTS WALKING, A LOT OF THE TRAFFIC GOING DOWN TOWARDS CAMPUS AND I SAID IT'S ALREADY EXISTING BEYOND THIS LOCATION. SOMETHING THAT STAFF INCLUDED IN THE REPORT WITH PEOPLE MAKING THE DECISIONS. >> THANK YOU. >> YOU GOOD? >> YEAH. >> IS THERE A MECHANISM IN PLACE -- I APPRECIATED MS. WHITE'S COMMENTS, ANY KIND OF SUPPORT THAT IS AVAILABLE EITHER THROUGH THE CITY OR THROUGH THE HOUSING AUTHORITY THAT CAN ANTICIPATE THIS TYPE OF DISRUPTION TO THE SEGMENT OF OUR COMMUNITY? >> NOT IN THE MOMENT, NO. THE HOUSING AUTHORITY, I DO NOT WANT TO SPEAK TO THEM. THEY QUALIFIED, THEY'LL QUALIFY THEN. THE CITY IS NOT IN THE BUSINESS OF THE PRIVATE SECTOR SIDE OF RELOCATING INDIVIDUALS. WE ARE NOT SET UP TO DO THAT. IT'S NOT SOMETHING WE BROKER THAT'S A PRIVATE-SECTOR ACTIVITY [01:05:05] AND NOT SOMETHING THAT WE'VE DABBLED IN AT ALL. I DO NOT KNOW THAT IT IS COMPLETELY OUR PLACE TO DO SO. MEANING PRIVATE SECTOR, PEOPLE HAVE A PRIVATE LEASE ON PRIVATE PROPERTY AND THEY ARE DOING THIS, WE ARE HAPPY TO FACILITATE PROGRAMS, DISCUSSIONS, WHAT HAVE YOU. IF IT'S NOT SOMETHING WE ARE SET UP TO DO WHICH IS FINDING PLACES FOR HUNDREDS OF FAMILIES TO LIVE. A DISASTER MAY BE A DIFFERENT SITUATION. BUT NOT SOMETHING WE TYPICALLY DABBLE DIRECTLY IN. AGAIN, THE COMMUNITY PROGRAMS. IF PEOPLE QUALIFY FOR ANY ASSISTANCE OR THOSE THINGS, WE DO ALL OF THAT. BUT NOT GO TO SOMEWHERE WHERE PEOPLE ARE BEING DISPLACED BY PRIVATE SECTOR LEASES, TURN AROUND AND DO THAT. CERTAINLY BEHIND-THE-SCENES, COUNCILMAN TAYLOR ASKED ME ABOUT THIS. LAST WEEK THERE WERE QUESTIONS AT THE COMMISSION. WE DID TALK TO THE DEVELOPMENT GROUP ABOUT THIS AND WE KNEW THEY WERE CONCERNS THERE WERE CONCERNS BUT WE ALWAYS CONVEY INFORMATION ON BEHALF OF OUR CITIZENS AND HAPPY TO DO THAT. WE ARE JUST NOT SET UP FOR RELOCATION. HOUSING AUTHORITY OR OUR BLOCK GRANT ITEMS, THERE'S STILL HOUSING AUTHORITY PROJECT THAT CAN BE AT REDEVELOPMENT. THEY HAVE TO BUY FEDERAL LAW BECAUSE THE WAY HOUSING IS SUBSIDIZED. THEY HAVE TO RELOCATE PEOPLE. THEY HAVE TO GIVE THEM THE ABILITY TO GO BACK TO WHERE THEY WERE. BUT THOSE ARE PART OF FEDERAL SUBSIDIZED PROGRAMS. >> JUST TO SAY AND I'M NOT SPEAKING FOR THE HOUSING AUTHORITY BUT JUST FROM CONVERSATION I HOUSING AUTHORITY WOULD BE DOING THEIR OWN PROJECT AND SO THEY ARE GOING OUT TO BE RELOCATING THOSE PEOPLE ALREADY IN THOSE UNITS WHILE THEY ARE WORKING ON THE PROJECT THAT THEY HAVE GOING ON. SO IT'S HARD FOR ME TO BELIEVE THAT WHATEVER NUMBER OF PEOPLE THAT THERE IS PLACES HERE IN AUBURN THAT IS REALLY COMPATIBLE TO WHERE THEY ARE LIVING AT NOW. IT MAY BE OUT THERE. I'VE NOT DONE THE RESEARCH. >> SEEMS THERE IS AN EFFORT IN DIMINISHING PRODUCT IN THAT PRICE POINT FOR ACCOMMODATION IN THE CITY. WITH THAT BE FAIR TO SAY? >> I HAVEN'T DONE THE RESEARCH SO I COULDN'T ANSWER TO THAT. >> I THINK MY ANSWER WOULD BE, AND THIS IS JUST ME. IF IT WAS I DO NOT THINK IT WOULD BE A PROBLEM THAT WE BE TALKING ABOUT. IF IT WERE THAT SIMPLE AND THAT EASY. >> YOU MENTIONED THAT THE CITY DOESN'T DABBLE IN THIS. THAT DOESN'T PREVENT US FROM DABBLING IN THIS ESTABLISHING M ALONG WITH THE AVAILABLE VACANCIES THAT ARE AROUND. >> THE CITY TYPICALLY DOESN'T GET INVOLVED IN PRIVATE SECTOR WITH LEASES PAID THE EXCITATION WHEN THE CITY GETS INVOLVED IS A CITY WILL MOVE PEOPLE OR SUBSIDIZE THEIR RENT SOMEHOW. WE ARE NOT SET UP TO DO THAT. I DON'T MEAN WE CAN'T COLLABORATE WITH ORGANIZATIONS AND DO OTHER THINGS BUT I DO MEAN THAT WE ARE NOT SET UP. WE'VE HAD DISCUSSIONS OVER MOBILE HOME PARKS IN THE PAST AND RESIDENCES HAS ASKED FOR THE SAME ASSISTANTS. WE HAVE NOT STEPPED IN THROUGH OUR COMMITTEE SERVICES PROGRAM AND SAY COME MEET HERE AND WE ARE GOING TO HELP YOU FIND A NEW LOCATION TO LIVE. AND SO WHAT I'M SAYING THAT IS IT DOESN'T MEAN THAT WE ARE NOT WILLING TO TALK WITH PEOPLE BUT THE EXPECTATION WAS THAT THE CITY IS GOING TO PROVIDE FUNDING WHICH WE ARE NOT SET UP TO DO IN THIS MOMENT FOR THIS WITHOUT UNDERSTANDING THE INCOMES OF THE INDIVIDUALS INVOLVED OR CIRCUMSTANCES AND SO IT'S A LITTLE UNDERSTANDING. >> I'M SUGGESTING WE HELP THEM SOLVE THE PROBLEM. I THINK THERE'S A BIG DIFFERENCE THERE. >> NOT SPEAKING FOR ANYONE I'M JUST MERELY SUGGESTING THAT THE CHAMBER COULD POSSIBLY HOST AN OPPORTUNITY TO WORK WITH SOME -- PUT FLYERS OUT. THERE ARE OPPORTUNITIES FOR PEOPLE TO COORDINATE AND FIND WAYS TO HELP ASSIST INDIVIDUALS RELOCATE TO SOMETHING THAT IS WITHIN THEIR MEANS. CERTAINLY. >> ANY OTHER QUESTIONS OR COMMENTS? OKAY. WE HAVE A MOTION TO SECOND. [01:10:02] ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSE? [10.a.5. Farmville Mixed-Use. Conditional Use. Various non-residential uses. Property located at the northwest corner of East Farmville Road and US Highway 280.] >> NAY. >> TWO NAYS. >> THE DEVELOPMENT DISTRICT HOUSING ZONING DISTRICT. FARMVILLE MIXED USE. THE UNANIMOUS DECISION FOR THIS REQUEST JULY 9TH MEETING FOR A PUBLIC HEARING IS REQUIRED. >> IF YOU'D LIKE TO ADDRESS THE CITY COUNCIL PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD. WILL CLOSE PUBLIC HEARING. ANY COMMONS OR QUESTIONS FROM COUNSEL? OKAY. ALL IN FAVOR -- GO AHEAD. >> THE REQUESTED USES WOULD STILL BE REQUIRED FOR CONDITIONAL USE. CORRECT? IT SAYS RECOMMENDATION FOR CONDITIONAL USE APPROVAL QUESTIONING >> NO. YOU ARE APPROVING THE USE IS UPFRONT RIGHT NOW. WHAT'S ON THAT LIST. >> THAT IS CORRECT. >> OKAY. IS THE APPLICANT PRESENT? >> APPLICANT PRESENT? >> JUSTICE, IS THERE ONE DIFFERENCE BETWEEN WHAT STAFF WAS GOOD WITH IN THE APPLICANT WAS GOOD WITH? >> I THINK THAT WAS THE ONLY ONE THAT WAS WORKING ON. >> IMPLANTING, WENT WITH STAFF? >> THAT WAS FUN. >> THE OUTDOOR KENNEL WAS THE ONE THAT WASN'T SUPPOSED TO BE THERE. >> I THINK IT'S THE SAME USE. >> THAT'S CORRECT. >> WE AREN'T ASKING FOR MORE OR DIFFERENT ONES. IT'S THE SAME ONES. >> THANK YOU. I DIDN'T MEAN FOR YOU TO MAKE YOU -- >> NO WORRIES. >> ANY OTHER QUESTIONS? >> THE DISCUSSION WE HAD EARLIER ABOUT THE GAS STATION -- RIGHT NOW WITH THIS FALL UNDER THE GENERAL QUALITY. GAS STATIONS ARE ONE OF THE PROPOSED FOR CONDITIONAL USES. WE PASSED IT A FEW MINUTES AGO, WHAT IT APPLIED TO THIS? >> THAT IS CORRECT. >> THIS WOULD PROHIBIT TRUCKS FROM GOING ON 280. >> THE WAY IT WORKS, THE BECAUSE THEY HAD NOT SUBMITTED PLANS FOR ONE BECAUSE YOU'VE YET TO PROVE THE REVIEW OF THIS SO THOSE WOULD RUN IN TANDEM BECAUSE THE ORDINANCE IS NOT EFFECTIVE UNTIL PUBLISHED. WHICH IS NEXT THURSDAY. >> ANY OTHER QUESTIONS. [10.a.6. Project V. Industrial use (manufacturing use). Property located at 3111 Haygood Court. ] ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSE? MOTION CARRIES. >>> LOCATED AT 3111 HAYGOOD COUT IN THE INDUSTRIAL ZONING DISTRICT. THE PLANNING COMMISSION UNITAS LEE APPROVED >> SECOND. >> THE MOTION TO SECOND. IF YOU'D LIKE TO ADDRESS THE COUNCIL, PLEASE COME FORWARD. YOU'LL HAVE 5 MINUTES. OKAY. WILL CLOSE PUBLIC HEARING. ANY COMMENTS OR QUESTIONS FROM COUNSEL? >> I'LL BE ABSTAINING FROM THIS VOTE. ANYONE ELSE? >> JUST A QUICK COMMENT. YOU WOULD THINK THEY CAN DO THIS BY RIGHT AND I'VE ASKED THE QUESTION AND THE ANSWER IS ALL INDUSTRIAL USES, ALL INDUSTRIAL USES ARE SUBJECT TO CONDITIONAL USE APPROVAL. AND WE DO LIKE TO AMPLIFY ON THAT. >> THIS WAS A CONCERTED EFFORT BETWEEN THE CITY COUNCIL, THE INDUSTRIAL DEVELOPMENT BOARD AND THE PLANNING COMMISSION MANY YEARS AGO TO MAKE SURE THAT EACH BODY HAD ADEQUATE REVIEW OF EVERY INDUSTRIAL USE. THERE HAVE BEEN USES IN MY 10-YEAR AND BEFORE MY 10-YEAR THAT HAVE BEEN TURNED DOWN BECAUSE THEY WERE NOT DEEMED APPROPRIATE. AND SO MOST PEOPLE DO NOT WANT A CHICKEN RENDERING PLANT OR A BATTERY ACID PLANT OR SOME OTHER THINGS. AND SO THIS HAS BEEN SOMETHING WE'VE LONG DONE AND IT ALSO ALLOWS ONE SOME USES CHANGE AND THERE ARE SOME THINGS YOU DON'T WANT. YOU'LL HEAR FROM THE INDUSTRIAL BOARD PERIODICALLY. IF YOU NOTICE, WE DO NOT HAVE FOOD, PROCESSING, STYLE, MANUFACTURERS, A LOT OF FOOD, ANYTHING GOING ON. THERE'S BEEN SOME REASONS FOR THAT. COMPATIBILITY THINGS. IT GIVES EVERYBODY A LOOK AND A LENS AND THIS WAS DONE INTENTIONALLY TO GIVE EVERYBODY A CHANCE TO REVIEW A CHANCE AND I WAS GOING ON AND HAVE A SAY SO. PHILIP CAN GIVE YOU 30 MINUTES ON THAT IF YOU'D LIKE. >> ANY OTHER QUESTIONS. ALL IN FAVOR, PLEASE SAY I. ANY OPPOSE? [10.a.7. The Shoppes at Woodward Oaks. Commercial and entertainment use (package store). Property located at 1785 James Burt Parkway.] [01:15:05] MOMMOTION CARRIES. >> NUMBER SEVEN IS FOR PROPERTY LOCATED AT 1785 JAMESBURG PARKWAY SUITE 104 WITH A PLANNED DEVELOPMENT DISTRICT OVERLAY. A COMMITTED APPROVAL OF THIS REQUEST BY A VOTE OF 7-2 AT ITS AUGUST 13TH MEETING FOR A PUBLIC REQUIRED. >> MOTION TO SECOND. PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD. OKAY. I SEE NO ONE. ANY COMMENTS OR QUESTIONS FROM COUNCIL QUESTION MIKE >> IF APPLICANT IS PRESENT I HAVE A COUPLE QUESTIONS. >> CAN YOU GIVE US YOUR NAME AND ADDRESS? >> ON YOUR APPLICATION, YOU TALK ABOUT WHAT YOU PLAN TO OFFER AND NOT OFFER WITHIN YOUR STORE? >> IT'S A LIQUOR STORE. WE SERVE BEER, WINE, TOBACCO AS WELL. >> WHAT TYPE OF TOBACCO PRODUCTS? >> PRIMARILY CIGARETTES, CIGAR, VAPE. >> ARE WE ABLE TO CONDITION NO VAPING, VAPING PRODUCTS? >> WE CAN FROM A ZONING PERSPECTIVE. I'M NOT CERTAIN WHAT WE DO ABOUT THE LICENSE SIDE. >> THAT ABC LICENSE THOUGH, I'M NOT SURE. >> THERE ARE TWO TYPES OF LICENSES, THERE IS ONE FOR TOBACCO. ONE FOR THAT. HIS LICENSE MAY ALLOW HIM TO DO THAT, THE ZONING ORDINANCE WOULD NOT ALLOW HIM TO SELL VAPE. AND SO THAT'S WHERE I WANT TO CLARIFY BECAUSE YOU'VE GOT APOLLO ON AGENDA ITEM ON THIS. IF YOU RESTRICT THAT, THAT'S FINE. IT DOESN'T CHANGE LICENSE TYPES FOR ABC PER SE. YOU'VE GOT TO GET ON THE MICROPHONE. >> IT WOULDN'T ALLOW VAPE PRODUCTS THAT ARE TOBACCO BASED BUT IT WOULD NOT ALLOW ANY THAT ARE CONSUMABLE, HEMP PRODUCT BASE IS BEER THAT'S A SEPARATE LICENSE BOTH FROM ABC AND HIS COUNSEL. >> IF YOU RESTRICT VAPE IT'S NOT ALLOWED PERIOD? >> CORRECT. >> ALSO JUST TO CLARIFY, CONSUMABLE HEMP IS NOT WRAPPED UP INTO THIS AT THIS TIME. >> WE DO NOT NEED TO ADDRESS THAT PIECE. >> WE DO NOT SELL THAT. IT'S ALCOHOL. >> BECAUSE YOU HAVE ANOTHER LOCATION, CORRECT? >> YEAH. WE, THE FAMILY, WE OWN THREE LOCALS, ONE IN MONTGOMERY AND ONE HERE. >> OKAY. THE ALCOHOL PIECE I HAVE NO ISSUE WITH. THE TOBACCO FROM UP YOUR TOBACCO PIECE, I'M NOT COMFORTABLE WITH THE VAPE SIDE OF THINGS. SO I WOULD LIKE TO CONDITION THAT NOT BE AVAILABLE. NOT TO BE AN ACCEPTABLE PRODUCT TO BE SOLD. >> IT'D BE A CONDITION ON THE CONDITIONAL USE. >> IS NOT ACCEPTABLE FOR YOU? >> FOR THE VAPE PRODUCT? >> TO NOT ALLOW VAPING OF ANY KIND. >> YEAH. >> THANK YOU. OKAY. >> THAT'S ALL I WANT TO DO. IF THEY AREN'T ALLOWING US TO SELL VAPE, THAT'S FINE FOR US. WE ARE MORE FOCUSED ON LIQUOR AND WINE. >> THANK YOU. I WOULD LIKE TO MOVIE CONDITION THE CONDITIONAL USE TO PROHIBIT THE SALE OF ANY VAPE PRODUCTS. >> PERFECT. >> SECOND. >> MOTION TO PAIR WITH THE SELL VAPE PRODUCTS. ANY COMMENTS OR QUESTIONS ON THAT QUESTION ?ALL IN FAVOR, PLEASE SAY AYE. ALL OPPOSE? MOTION CARRIES. >> YOU ALL HAVE TO VOTE ON THE WHOLE THING. >> THANK YOU FOR COMING ON. FURTHER QUESTIONS? >> YES, I DO. I HAVE A PERSONAL COMMENT. THANK YOU FOR AMENDING THAT. I THINK THAT WAS A GOOD AMENDMENT. I UNDERSTAND THAT THERE IS NO PROHIBITION IN THE CITY CODE OR STATE LAW ABOUT THE ASSISTANCE FROM A SCHOOL OR CHURCH, NONE [01:20:02] WHATSOEVER? >> FOR ALCOHOL, NO. >> FOR ALCOHOL LIQUOR STORES. >> I REMIND YOU THERE IS ONE OF THE OTHER SIDE ON THE VERY SAME SCHOOL. IT PRECEDED THE SCHOOL AND IT WAS BEFORE THE SCHOOL WAS THERE. >> I JUST DID NOT KNOW THAT WE HAD NO PROHIBITION FROM DISTANCE FROM SCHOOLS AND CHURCHES. THAT'S WHERE WE STAND RIGHT NOW WITH THAT. >> I WOULD SAY THAT YOU DO IN THE CONSUMABLE HEMP ORDINANCE AND IT MEETS THE DISTANCE REQUIREMENT. NOT THAT THEY ARE ASKING FOR IT. I DON'T WANT TO CONFUSE ANYBODY BUT YOU DO HAVE DISTANCE REQUIREMENTS, THIS IS STILL FAR ENOUGH BACK. >> OKAY. ANY OTHER QUESTIONS, COMMENTS? >> THIS LOCATION, I GUESS THIS IS IN YOUR WARD, THIS LOCATION IS NEAR A SCHOOL AND CHURCH? >> CORRECT. >> I'D LIKE TO SAY THAT IN THIS DEVELOPMENT THERE IS A PLAN FOR A RESTAURANT THAT WILL SERVE ALCOHOL AND THERE ARE MULTIPLE RESTAURANTSES WITHIN PROXIMITY THAT ARE EITHER PLANNED OR COULD BE PLANNED, THAT WOULD ALSO SERVE ALCOHOL. I THINK IT'S MORE RESPONSIBLE FOR SOMEONE WHO WANTS TO CONSUME ALCOHOL TO PURCHASE IT WHEN IT IS CONCEALED -- WHEN IT IS SEALED. AND THEY HAVE TO TAKE IT HOME THEN, YOU KNOW, THE CONSUMPTION OF IT IN A RESTAURANT TO ME IS A LITTLE MORE OF A CONCERN THEN IT WOULD BE FOR A PACKAGE. YOU CAN GO TO A GROCERY STORE, CONVENIENCE STORE. YOU CAN GO TO LOTS OF PLACES AND BUY ALCOHOL. SO I DO NOT KNOW HOW THIS SERVES AS SOMETHING DIFFERENT OR SEPARATE FROM THAT. >> ANY OTHER COMMENTS OR QUESTIONS? OKAY. ALL IN FAVOR, PLEASE SAY AYE. ANY OPPOSE? >> NAY. >> NO. >> TWO NAYS. >> JUST A FEW MORE ITEMS. [10.b. Alcohol beverage license. KCP 2026, LLC d/b/a The Spirit Vault. 011 – Lounge Retail Liquor – Class II (Package). 1785 James Burt Parkway, Suite 104.] ITEM 9B IS A REQUEST FROM KC P2026 LLC DOING BUSINESS AS THE SPIRIT VAULT FOR A LOUNGE RETAIL LIQUOR CLASS TWO PACKAGE ALCOHOL LICENSE, SUITE 104. I REMIND YOU THAT INCLUDES TOBACCO PRODUCTS. BUT BECAUSE OF A CONDITIONAL USE THAT YOU JUST ADOPTED, VAPE WOULD NOT BE ALLOWED TO BE SOLD THERE EVEN THOUGH THE ABC LICENSE WOULD ALLOW IT, YOU'VE CONDITIONED IT FURTHER. >> MOVE FOR APPROVAL. >> SECOND. >> MOTION IS SECONDED. >> QUESTIONS OR COMMENTS? ALL IN FAVOR, PLEASE SAY AYE. [10.c. Contract. JLD Enterprises, LLC. Town Creek Park Trail Extension. $611,558.84.] ANY OPPOSED? >> NO. >> NO. >> TWO NAY. >> THE TOWN CREEK TRAIL EXTENSION PROJECT IN THE AMOUNT OF $611,558.84S. THIS PROJECT IS OVER BUDGET FROM WHAT YOU'VE SEEN IN YOUR BUDGET DOCUMENT. IT'S OVER BUDGET, WE HAD TO BUILD SOME ADDITIONAL BRIDGES. WE ARE HAPPY TO ANSWER QUESTIONS AS TO WHY WE HAD TO ZIGZAG ACROSS THE CREEK A FEW TIMES. THE BUDGET REQUIREMENT HAS BEEN ADJUSTED. THE TOTAL DOLLAR AMOUNT BUDGETED WAS $500,000. WE ALREADY SPENT 103,000 BEFORE WE GOT TO BIDDING. WE HAVE ADDITIONAL $11,000 NOW AND NOT TOTALLY SPENT. PUTS US OVER BUDGET BY ABOUT 225 TO $742. >> MOVE FOR APPROVAL. >> SECOND. >> MOTION TO SECOND-GRADE COMMONS OR QUESTIONS? YES, SIR? >> IT CAN YOU TELL US WHAT ALTERNATE ONE, TWO, AND THREE ARE, PLEASE? >> THOSE ARE FOR A SPLIT RAIL FENCE ALONG THE TRAIL. JUST TO HIM IN ON THE EDGES OF THE TRAIL AND ALSO IN AGGREGATE FOR TRAIL PLACEMENT ITSELF AROUND THE BRIDGE APPOINTMENTS. >> THERE MUST NOT BE A CLEAR UNDERSTANDING OF WHAT THOSE ALTERNATES ENTAIL. YOU'VE GOT A DISPARITY OF $10,000 ON ONE OF THE ALTERNATES. YOU GOT A DISPARITY OF $21,000 ON ANOTHER ALTERNATE BETWEEN ONE LOOKING AT THESE BIDS, SOMEONE IS NOT BIDDING THE SAME THING. HOW ONE CONTRACTOR CAN DO IT FOR SIX OR $600 AND THEN 27,000 TO DO THE SAME WORK. THERE IS A TREMENDOUS DISPARITY BETWEEN THESE BIDS. THE BOTTOM LINE IS NOT BAD. THEY ARE ALL ROUGHLY THE SAME. [01:25:02] BUT SOMEWHERE ALONG THE LINE THERE IS SOMETHING WRONG WITH WHAT THEY ARE BIDDING ON. >> IN RESPONSE, ALL ALTERNATES ARE CLEARLY DEFINED AND EVERY OPPORTUNITY IS GIVEN TO ANY PROJECTED AYER IF THEY FEEL THERE ARE UNCERTAINTIES. THE CITY DOES NOT DICTATE HOW A CONTRACTOR OPS THEIR STRATEGIC OPTION. THEY ARE WELCOME TO DO WHATEVER THEY MIGHT HAVE WITHIN THEIR OWN MEANS AND DECIDE WHAT THEIR VALUE IS ON IT. BUT THEY CAN ASK QUESTIONS THEY FELT LIKE THERE'S ANYTHING UNCLEAR ABOUT IT. >> WHY DO YOU SEE THE DISPARITIES ACROSS THE BOARD EVEN ON COMMON ITEMS. IT DEPENDS ON SOMEBODY'S CAPABILITIES OF THAT TO BRING IN A SUBCONTRACTOR, YOU NAME IT. AND YOU JUST SEE THIS. YOU ARE RIGHT. THE BIDS IN THE AND GOT VERY CLOSE. >> ANY FURTHER QUESTIONS? >> DESPITE THE EXTRA COST TO THIS, I THINK THIS IS AN EXCITING DEVELOPMENT. IT SPEAKS TO THE CITY A PROSPEROUS COMMITMENT TO FINDING CONNECTIVITY. AND I THINK THIS IF YOU'RE A CYCLIST OR WALKER, THAT JUST GIVES YOU ONE EXTRA LENGTH ABOUT THREE QUARTERS OF A MILE OF CONNECTIVITY FREE FROM THE VEHICULAR TRAFFIC. THEORETICALLY YOU COULD NOW TRAVEL FROM MOORESVILLE ROAD ONCE THIS PROJECT IS COMPLETE YOU CAN TRAVEL VIA GREENWAY FROM CAMPUS IF YOU FOLLOW IT THROUGH. AND I THINK THAT'S QUITE REMARKABLE AND I COMMEND THE CITY FOR DOING THIS. AND THE MORE THE MERRIER ON THIS, I THINK IT OPENS UP A TERRIFIC AMOUNT OF RECREATIONAL OPPORTUNITIES, PHYSICAL ACTIVITY OPPORTUNITIES FOR OUR CITIZENS. AND THANK YOU VERY MUCH FOR MOVING FORWARD WITH THIS. >> GOOD POINT. >> I COMPLETELY AGREE WITH YOU ON THE PROJECT ITSELF. I THINK IT'S A WONDERFUL PROJECT. BUT I'M STILL CONFUSED. WE ARE AWARDING THIS BASED ON A BASE BID PLUS THREE ALTERNATES. BASICALLY WE ARE ASSUMING THAT WE ARE GOING TO IMPLEMENT ALL THREE ALTERNATES. IS THAT CORRECT? >> THAT'S CORRECT. >> ALL RIGHT. THANK YOU. >> ANY OTHER QUESTIONS? OKAY. ALL IN FAVOR, PLEASE SAY SPEED 21? ANY OPPOSE? [12. CITIZENS' OPEN FORUM.] THE MOTION CARRIES. >> THAT'S ALL THE ITEMS OF BUSINESS WE HAVE FOR YOU. >> WILL OPEN CITIZENS OPEN FORUM IF YOU'D LIKE TO ADDRESS CITY COUNCIL, PLEASE COME FORWARD AND ADDRESS YOUR NAME FOR THE RECORD. YOU'LL HAVE 3 MINUTES FOR THE COUNCIL AND WE ASKED TO ADDRESS YOUR COMMENTS TO THE CITY COUNCIL >> HARRIET HUGGINS. 631 SOUTH DAIN ROAD. I'M A MEMBER OF THE PUBLIC SAFETY ALUMNI GROUP AND THIS SUMMER I HAD A COUPLE OF OPPORTUNITIES THAT I'D LIKE TO SHARE WITH YOU BECAUSE I THOUGHT THEY WERE REALLY GREAT. FIRST WAS DE THE INTERACTION AMONG THE STUDENTS THAT WERE PARTICIPATING AND THE SROS. THEIR RELATIONSHIPS ARE JUST REALLY, REALLY SPECIAL AND I COMPLEMENT ALL OF THE SROS IN THIS TOWN AND I ENCOURAGE FOLKS WHO HAVE CHILDREN JUST BEGINNING TO START SCHOOL INTRODUCE YOURSELF TO THAT SRO AT YOUR SCHOOL BECAUSE IT'LL BE A GOOD FRIEND. THE SECOND THING I'D LIKE TO SHARE IS FOR MY FRIENDS, THE FIREFIGHTERS AT STATION NUMBER TWO. DURING PUBLIC SAFETY AWARENESS WEEK WE WERE DELIVERING SNACKS TO EACH GROUP AND ON THE SECOND DAY WHEN I GOT TO THE STATION TWO, THE BATTERY OF MY CAR DIED AND IT WAS REALLY DEAD. AND IN FACT THEY HAD TO HOOK UP ONE OF THEIR PICKUP TRUCKS AND SPENT 20 MINUTES TO GET ENOUGH OF A CHARGE FOR ME TO GO AND GET A BATTERY FOR MY CAR. SO WHILE THEY WERE ALL DOING THIS, LET ME STAY IN THE COOL FIREHOUSE. SO I JUST WANT YOU TO KNOW THAT WE'VE GOT A TERRIFIC PUBLIC SAFETY DEPARTMENT IN THE CITY OF AUBURN AND MY THANKS TO THEM. >> THANK YOU. WE APPRECIATE YOUR PER DISSIPATION. THANK YOU FOR YOUR REPORT. WHO WILL BE NEXT? OKAY. [01:30:02] WILL CLOSE CITIZENS COMMUNICATIONS. ANYONE ON THE COUNCIL HAVE ANYTHING THEY'D LIKE TO ADD? >> ONE COMMENT. I JUST LIKE TO STATE THANK YOU FOR COMING THIS EVENING. WHILE IT WAS -- MY UNDERSTANDING WAS THIS WOULD GIVE US MORE TEETH FOR THE RACETRACK, PLEASE NOTE WILL CONTINUE TO FIND WAYS TO HOPEFULLY HAVE A SYMBIOTIC RELATIONSHIP BETWEEN SHELTON COVE AND THE RACETRACK AND THAT WILL CONTINUE TO WORK THROUGH WAYS TO FURTHER THAT SO YOU CAN SLEEP AT NIGHT. THANK YOU. >> ANYONE ELSE? * This transcript was compiled from uncorrected Closed Captioning.