8.d.4. Owens Family Partnership, LLC. Temporary construction easement and authorize compensation of $87,500. North Donahue Drive Widening Project Phase I.

[8.d.4. Owens Family Partnership, LLC. Temporary construction easement and authorize compensation of $87,500. North Donahue Drive Widening Project Phase I.]

ANYONE ELSE? OKAY.

ITEM EIGHT D4. >> IT OFFERS A TEMPORARY CONSTRUCTION EASEMENT OF $5000 TO THE OWENS FAMILY PARTNERSHIP LLC WITH THE NORTH DONAHUE DRIVE WIDENING PROJECT PHASE ONE.

>> SECOND. MOTION TO SECOND, MR. GRISWOLD.

>> I AM JUST A LITTLE CONFUSED ON HOW THIS ITEM INTERACTS WITH ITEM 10B LATER ON. 10B TWO IS A STATUTORY WARRANTY DEED PURCHASING THIS PROPERTY AND YET THIS ITEM HAS PROVEN COMPENSATION FOR THE TEMPORARY USE OF THE SAME PROPERTY.

BOTH ITEMS HAD THE EXACT SAME MAP AND -- UNCLEAR AS TO WHY WE SHOULD BE DOING A TEMPORARY EASEMENT OF THIS AMOUNT BEFORE WE WOULD TURN AROUND LATER ON IN THE AGENDA AND PURCHASE THE PROPERTY FOR $980,000 WE NEED SOME CLARIFICATION PLEASE.

>> UNDERSTANDABLE. I HAVE MR. CUMMINGS RESPOND TYPICALLY WHEN YOU DEAL WITH A TEMPORARY CONSTRUCTION EASEMENT IT'S SOMETHING THAT'S TEMPORARY THEY RETAIN THE PROPERTY AND THEN A PERMANENT OR ACQUISITION OF RIGHT OF WAY WOULD BE DIFFERENT. MR. CUMMINGS?

>> THE MAP IS THE SAME BECAUSE OF THE PROPERTIES ADJACENT TO IT SO THERE IS SOME ADDITIONAL PROPERTIES THAT WE ARE PURCHASING FOR RIGHT OF WAY THAT'S THE ACTUAL STATUTORY DEED THAT YOU WOULD CONSIDER A LITTLE LATER.

TEMPORARY CONSTRUCTION EASEMENT WE'RE ACTUALLY BUILDING SLOPES OFF OF THE RIGHT OF WAY FOR THE HOURS BUT IT'S NOT PROPERTY WE WOULD NEED TO RETAIN INDEFINITELY.

THAT'S WHERE THE TEMPORARY CONSTRUCTION EASEMENT TO BE ABLE TO DO WORK OFF OF THE RIGHT OF WAY ONTO THEIR PROPERTY.

[00:25:05]

>> IT'S ACTUALLY ADJACENT TO THAT ROUTE A SMALLER SLIVER.

>> I THINK WHERE THE CONFUSION COUNCILMAN GRISWOLD AND I TOTALLY UNDERSTAND WHY AS COMPARING THE TWO DRAWINGS THERE'S A GAP BETWEEN WHAT SHOWS AS NORTH DONAHUE DRIVE RIGHT OF WAY AND WHAT IS CALLED CONSTRUCTION EASEMENT AND THE ITEM THAT YOU ASKED ABOUT. THE GAP BETWEEN THAT IS THE PROPERTY WHERE YOU ACTUALLY PURCHASE THE EASEMENT IS ON THE OUTSIDE OF THAT. YOU SEE THE RIGHT SPACE BETWEEN PROPERTY PURCHASES IN BETWEEN THERE IS BETWEEN THE CURRENT RIGHT OF WAY FOR NORTH DONAHUE THESE ARE SIMILAR MAPS WHERE

THIS COULD BE CONFUSING. >> I SEE THE GAP IN THERE IF WE USE THAT PROPERTY AND WE USE SOMETHING AHEAD OF TIME.

>> IS PROPERTY IF WE DON'T NEED FOR THE ROAD ITSELF IT HAS TO DO WITH CONSTRUCTION TO RETURN TO THEIR OWNERSHIP ROUGHLY $350,000 AN ACRE IS PRETTY PRICEY PROPERTY AND NOT SOMETHING WE WOULD ACQUIRE LONG TERM IF IT'S NOT NECESSARY.

>> OKAY. >> THANK YOU.

>> GOOD QUESTION. ANYONE ELSE? ALL RIGHT. WE DO HAVE A MOTION TO SECOND ON THIS. ALL IN FAVOR PLEASE SAY I ANY

[8. CONSIDERATION OF CONSENT AGENDA (Part 2 of 2)]

OPPOSED? AND THE MOTION CARRIES.

NOW I HAVE A MOTION TO APPROVE THE BALANCE OF THE CONSENT

AGENDA. >> REMOVED -- MOVED.

>> SECOND. >> MAYOR ANDERS: SO MOVED.

FOR THE AGENDA FOR FURTHER QUESTIONS ALL IN FAVOR PLEASE

[9.a. Amend FY2026 and FY2027 Biennial Budget. Second reading.]

SAY AYE ANY OPPOSED? CONSENT AGENDA IS APPROVED.

ORDINANCES. UNDER ORDINANCES THIS EVENING ITEM 9A FOR 3544 TO ACCOUNT FOR EVENTS AND CHANGES THAT HAVE OCCURRED SINCE THE FISCAL YEAR 20262027 BUDGET WAS ADOPTED.

THE PROCESS IS ALSO KNOWN AS THE MID BINDING AND BUDGET THIS IS

THE SECOND READING OF THIS ITEM. >> SECOND.

>> MAYOR ANDERS: MOTION TO SECOND.

ANY COMMENTS OR QUESTIONS FROM THE DAIS.

>> YES, ONCE AGAIN, I WILL BE VOTING JUST PRESENT ON THIS ONE INSTEAD OF YEA OR NAY BECAUSE I DIDN'T VOTE FOR THE ORIGINAL ORDINANCE THE APPROPRIATE CHANGE FOR IT.

I WAS DISAPPOINTED WITH COUNT -- WHEN COUNCIL MEMBERS PRIORITIES WERE NOT SOLICITED PRIOR TO THIS TO SEE IF THERE WOULD BE ANY CHANGES IN THE COUNCIL. IN THE MID BIENNIAL BUDGET.

JUST SO YOU KNOW. >> ANYONE ELSE HAVE A COMMENT?

MR. WARREN? >> IN AGREEMENT WITH THE SENTIMENT THERE. THE CITY BUDGET IS A VERY LARGE DOCUMENT. COVERING THE HEALTH SAFETY AND WELFARE OF OUR ENTIRE COMMUNITY SO I JUST WANT TO PICK AN ITEM, I WOULD LIKE TO PICK SCHOOL FUNDING AND TALK JUST A LITTLE BIT ABOUT THAT. TO MAYBE HELP CLARIFY AN ISSUE OR A BIG ISSUE FROM THE CITIZEN AND THE TAXPAYERS VIEWPOINT.

PEOPLE COME TO AUBURN FOR A LOT OF REASONS.

ONE BIG REASON IS OUR SCHOOL SYSTEM, AND WE AS A CITY HAVE MADE A CONSCIOUS DECISION TO HAVE GRADE SCHOOLS REFLECTED IN THIS BUDGET ARE TWO CHIEF FORMS OF REVENUE.

AD VALOREM PROPERTY TAXES AND SALES TAXES.

FIRST PROPERTY TAXES, THE AVERAGE HOMEOWNER IN AUBURN PAYS ABOUT $2000 A YEAR IN PROPERTY TAX.

THAT'S NOT A BAD DEAL. COMPARED TO OTHER STATES AND OTHER COMMUNITIES. ACROSS THE NATION AND ACROSS OUR AREA, OF THAT $2000, ABOUT 1300 OF THAT STAYS HOME WHICH MEANS THAT IT GOES TO THE CITY OF AUBURN TO BE USED LOCALLY AND THE REST GOES TO THE STATE AND THE COUNTY.

OF THE 1300 THAT STAYS HERE ABOUT 800, OR ABOUT 60% GOES TO FUND CONSTRUCTION OR IMPROVEMENT -- AND IMPROVEMENT FOR THE FACILITIES OF THE SCHOOL SYSTEM HERE SO ABOUT $800 OF THE $2000 THAT THE AVERAGE CITIZEN PAYS GOES TO SUPPORT FUNDING OF CAPITAL PROJECTS FOR OUR SCHOOL SYSTEMS. IF I'M OFF ON MY NUMBERS I WOULD TRUST THAT I WILL BE GENTLY CORRECTED BUT IN ADDITION TO PROPERTY TAX, THE CITY RECEIVES $0.04 ON EACH DOLLAR FROM SALES TAX OF RETAIL SALES AND OUR COMMUNITY. OF THAT, ONE AND ONE QUARTER PERCENT, OR ABOUT 30% GOES TO SUPPORT THE SCHOOL SYSTEM'S GENERAL OPERATING FUND. SO, TO SUM IT UP, WE TAKE SERIOUSLY OUR PLEDGE TO HAVE GOOD SCHOOLS IN AUBURN AND THE MOST IMPORTANT INGREDIENTS IN THAT ARE TEACHERS AND OUR ADMINISTRATORS, BUT WE WANT THE SYSTEM TO BE WELL FUNDED.

AND AS YOU CAN SEE, IT'S NOT A GREAT BURNER FOR S, JUST A PRIORITY. SO THAT'S A BIRD'S EYE VIEW OF

[00:30:01]

ONE ITEM ON A VERY LARGE BUDGET, AND I HAVE COVERED THINGS I JUST THOUGHT THE AVERAGE TAXPAYER WOULD LIKE TO KNOW FROM THE REVIEW POINT. SO FOR THAT AND FOR THE PUBLIC SAFETY AND WELFARE FOR THIS COMMUNITY TO INCLUDE SAFETY AND SECURITY, TRANSPORTATION, WATER, ALL OF THOSE THINGS THAT ARE IMPORTANT TO US, FOR THAT I WILL BE SUPPORTING THE BUDGET.

>> ANYONE ELSE HAVE ANY COMMENTS? FURTHER QUESTIONS? AGAIN, CITY MAYOR I WANT TO SAY TO YOU AND STAFF, THANK YOU FOR YOUR HARD WORK.

THANK YOU FOR STAYING ON TOP OF THIS AND YOU ARE RECOGNIZED BY YOUR PEERS, ALISON AND YOUR TEAM AS BEING ONE OF THE BEST IF NOT THE BEST IN ALABAMA AND WE ARE CERTAINLY GRATEFUL FOR THAT.

THIS IS A BIG JOB AND IT'S OUR RESPONSIBILITY AS A COUNCIL TO MAKE THE DECISION TO WHERE THESE RESOURCES ARE APPLIED AND IT'S A GREAT, GREAT RESPONSIBILITY THAT WE HAVE ON BEHALF OF THE CITIZENS A WEEK. IT'S VERY IMPORTANT, IT'S VERY VITAL TO THE HEALTH AND WELFARE IN THE CITY SO I APPRECIATE YOU BRINGING THAT FORWARD, THAT CERTAINLY IS A STRATEGY THAT WE HAVE EMPLOYED IN THIS COMMUNITY FOR A LONG TIME TO SUPPORT OUR SCHOOLS BEYOND WHAT WE ARE REQUIRED TO DO AND IT HAS BEEN THE PRIMARY REASON THAT PEOPLE HAVE MOVED TO THIS COMMUNITY OVER THE YEARS AND THERE'S CERTAINLY A LOT OF DIFFERENT REASONS WHEN AUBURN STARTED GROWING IT'S PRIMARILY FOR PEOPLE TO HAVE THEIR CHILDREN IN OUR SCHOOL SYSTEM AND I BELIEVE

THE SUPPORT HAS BEEN MEANINGFUL. >> ALL RIGHT, DO WE NEED TO DO

THIS BY VOICE VOTE OR ROLL CALL. >> ROLL CALL BECAUSE IT IS AN

ORDINANCE, PLEASE. >> LINDSAY.

>> YES. >> TAYLOR.

>> YES. >> ADAMS.

>> YES. >> YES, MA'AM,.

>> YES, MA'AM. >> PRESENT.

[9.b.1. Gaither Annexation. Annexation of approximately 3.39 acres. 744 Lee Road 008 (Cotton Valley Lane).]

>> YES, MA'AM. >> YES.

>> ITEM 9B ONE IS REQUEST TO ANNEX APPROXIMATELY 3.39 ACRES OF PROPERTY LOCATED AT 744 LEE ROAD EIGHT ALSO KNOWN AS COTTON VALLEY LANE. THIS IS KNOWN AS THE GAITHER ANNEXATION THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THIS REQUEST AT SEPTEMBER TENTH MEETING UNANIMOUS CONSENT IS NECESSARY.

>> FOLLOWING THE ORDINANCE ASKING FOR UNANIMOUS CONSENT.

>> SECONDED. >> SECONDED.

ANYONE ON COUNCIL HAVE A PROBLEM MOVING FORWARD WITH THE VOTE ON

THIS PLEASE? >> I WOULD ABSTAIN FROM VOTING.

>> OKAY. ANY OTHER QUESTIONS? OKAY WE'LL MOVE AHEAD. ANY QUESTIONS? COMMENTS? OKAY, LINDSEY WITH ROLL CALL.

>> YES. >> MS WITTEN.

>> YES. >> YES.

>> YES, MA'AM,. >> ABSTAIN.

[9.b.2. Youth for Christ Annexation. Annexation of approximately 0.17 acres. Property located at 1400 North College Street.]

>> YES, MA'AM,. >> YES, MA'AM,.

>> YES. >> YES.

>> ITEM NINE B2 IS A REQUEST TO ANNEX APPROXIMATELY 0.17 ACRES OF PROPERTY LOCATED AT 1400 NORTH COLLEGE STREET THIS IS KNOWN AS THE YOUTH FOR ANNEXATION.

THE PLANNING COMMISSION UNANIMOUSLY RECOMMEND APPROVAL OF THE REQUEST AT ITS AUGUST 13TH MEETING UNANIMOUS

CONSENT IS NECESSARY. >> I'LL INTRODUCE THE ORDI

ORDINANCES. >> MOTION SECONDED DOES ANYONE IN THE COUNCIL HAVE A PROBLEM MOVING FORWARD WITH THIS FOR ALL

TO SEE. >> NONE, QUESTIONS OR COMMENTS?

>> THIS PORTION OF THIS ALSO COINCIDES WITH THIS NEXT ITEM WITH REZONING REQUEST THIS .7 ACRES.

IS THIS THE PIECE OF PROPERTY THAT CURRENTLY HOUSES THE

BILLBOARD. >> THAT'S CORRECT IT WENT UP AT A TIME WHEN THE BILLBOARD WENT UP WE COULD DO A LOT OF CHECKING WITH THE PLANNING STAFF AND IT IS I THINK KIND OF THE BEST WAY TO PUT IT, JUSTICE IS OVER TIME THE ZONINGS AND ANNEXATIONS AND THINGS HAPPEN. THERE'S A LITTLE TINY PIECE THERE WAS NEVER IN, FOR CLOTHES AND WE LOOK AT SURVEY DATA ON THE GROUND AND KIND OF LEFT THIS AS A LITTLE ISLANDISH PIECE.

>> THAT IS CORRECT. >> SO IT WAS UNKNOWN TO US AND THE ADJOINING PROPERTY OWNERS AT THE TIME THAT THIS WAS NOT IN THE CITY LIMITS. AND THEREFORE, WE CANNOT REGULATE THE BILLBOARD, BUT WE CAN IF YOU ANNEX IT.

THEN WE DON'T REGULATE BILLBOARDS BY THE WAY, IT'S

LARGE SIGNS. >> THANK YOU.

>> YES. >> ANY OTHER COMMENTS OR

QUESTIONS? >> WITH THAT REGULATION INCLUDE

POTENTIALLY REMOVING IT? >> IT BECOMES A LEGAL NONCONFORMING. MR. COTTON CAN EXPLAIN.

>> SO NORMALLY THE SITUATION LIKE THIS, WHEN IT BECOMES ILLEGAL NONCONFORMING AND THE LEASES CANNOT BE EXTENDED PRETTY MUCH. THAT'S HOW WE HAVE HANDLED THEM IN OTHER PLACES. THAT'S HOW WE ANNEX PROPERTY DOWN ON SOUTH COLLEGE, THINGS LIKE THAT IT BECOMES ILLEGAL NONCONFORMING AND THE LEASE DOES NOT GET RENEWED.

>> IF IT'S SEVERELY DAMAGED, IT CANNOT BE REPLACED, THERE'S A NUMBER OF NUANCES IN THE NONCONFORMING SECTION OF THE ZONING ORDINANCE THAT ADDRESS IT.

SO SAY THE FRAME CAME DOWN OR SOMEBODY WANTED TO LEASE

[00:35:02]

SOMEBODY ELSE IN THE FRAME COULD NOT COME BACK UP, IT WOULD HAVE

TO BE REMOVED. >> I DON'T LOVE THE DETAILS OF THE LEASE, BUT THERE'S A CURRENT LEASE BY THE BILLBOARD COMPANY OR WHATEVER TO PLACE IT THERE AND THAT HAS A. OF PERFORMANCE

OR IT RUNS OUT AT SOME POINT. >> PRETTY MUCH, WOULD NOT BE ABLE TO BE EXTENDED SO I GUESS TO PROVIDE A BIT MORE DETAILS ON NONCONFORMANCE STUFF THAT HAS TO DO WITH MAJOR ALTERATIONS ANYTHING BEYOND MINOR ALTERATIONS THERE ISN'T ANY SIGNIFICANT DAMAGE TO IT TO COMPROMISE THE SIGN TO BE FIXED

AND BE RESURRECTED AGAIN. >> THANK YOU.

ANY OTHER COMMENTS OR QUESTIONS? >> ROLL CALL?

>> WITTEN. >> YES.

>> YES, MA'AM,. >> YES, MA'AM,.

[9.c. Rezoning. Youth for Christ. Approximately 1.35 acres from Rural (R) and Development District Housing (DDH) to Comprehensive Development District (CDD). Property located at 1400 North College Street. Unanimous consent necessary. Planning Commission recommendation. Public hearing required.]

>> YES, MA'AM,. >> YES, MA'AM,.

>> YES. >> ITEM 9C IS A REQUEST TO REZONE APPROXIMATELY 1.35 ACRES PROPERTY RURAL FROM 0.17 ACRES YOU JUST ANNEXED AND DEVELOPMENT DISTRICT HOUSING WHICH IS THE REMAINDER OF THE PARCEL THE COMPREHENSIVE DEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT 1400 NORTH COLLEGE STREET THIS IS KNOWN AS THE YOUTH FOR REZONING.

PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THIS REQUEST AT ITS AUGUST 13TH MEETING.

THE UNANIMOUS CONSENT IS NECESSARY IN A PUBLIC HEARING IS

REQUIRED. >> WITH THE ORDINANCE I WANT TO

ASK FOR UNANIMOUS CONSENT. >> SECOND.

>> SECOND DOES ANYONE HAVE PROBLEM WITH THE VOTE THIS EVENING? SEEING AND HEARING NONE, WILL HAVE THE PUBLIC HEARING WE WOULD LIKE TO ADDRESS CITY COUNCIL PLEASE COME FORWARD WITH YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE 5 MINUTES TO COME AND SPEAK TO COUNCIL SEEING NO ONE OPPOSED -- I. WILL CLOSE THE PUBLIC HEARING.

ANY COMMENTS OR QUESTIONS FROM COUNCIL?

>> I HAVE A COUPLE. I DON'T UNDERSTAND IF MAYBE THERE COULD BE SOME CLARIFICATION AS TO WHY THIS IS A REQUEST WHAT THE PLANS MAY BE FOR THIS PIECE OF PROPERTY.

>> SO WHEN I REACHED OUT I'M IN THE PROCESS OF TRYING TO SELL THE PROPERTY AND THEY THOUGHT ALL THEIR PROSPECTIVE BUYERS WOULD HAVE A COMMERCIAL INTEREST.

THAT WAS WHEN THEY DID RESEARCH ON THE PROPERTY ITEMS UNDERSTOOD THAT THEY WERE ZONED, RD WHICH IS PRETTY MUCH AN EXCLUSIVELY RESIDENTIAL ZONE INDUSTRY AND REALLY PRECLUDED ANY OF THE POTENTIAL BUYERS OF THE PROPERTY SO THEY ARE TRYING TO EXPAND THE HORIZON OF PEOPLE THEY COULD SELL TO BY REZONING THIS.

>> DO WE TYPICALLY REZONE THINGS FOR PEOPLE TO BE ABLE TO RESELL WITHOUT HAVING AN IDEA OF WHAT MAY COME THERE.

>> WE DO NOT. THE REASON FOR THAT WITH STAFF THAT IS COMFORTABLE WITH THIS PROPERTY AND THIS PARTICULAR PARCEL IS SIGNIFICANTLY ENCUMBERED BY [INDISTINCT].

SO IF THEY WANT TO DO ANYTHING AS FAR AS TEARING DOWN THE BUILDING AND PUT IT BACK UP, IT WOULD BE VERY, VERY SMALL FOOTPRINT FOR WHAT THEY CURRENTLY HAVE, A LOT OF THE CONCERNS THAT REST WITH CBD ARE SINGLE FAMILY HOUSING IN DIFFERENT PLACES WOULD NOT BE POSSIBLE HERE THIS WOULD [INDISTINCT] FOR SINGLE FAMILY HOUSING A LOT OF THE CONCERNS THAT EXIST IN OTHER PLACES IN THE CITY WITH REZONING THE CCD WOULD NOT EXIST HERE BECAUSE THIS PROPERTY IS SO ENCUMBERED

BY FLOODPLAINS. >> BUT THERE ARE SOME USES THAT COULD GO THERE THAT IF IT WERE REZONED TO CBD, THAT WOULD BE PERMITTED BY RIGHT -- REZONED TO CCD AND COULD BECOME AN ISSUE BECAUSE OF THAT CORNER OR OFF THAT CORNER.

>> I WOULD THINK TO WHAT WOULD BE BUILT ON AND WHAT WOULD BE PERMITTED ON WHAT'S REALLY BUILDABLE WHEN YOU LOOK AT THE SITE AND THE AMOUNT OF FLOODPLAIN ON THE PROPERTY, WOULD REALLY BE A VERY SMALL FOOTPRINT.

AND THEN YOU WOULD HAVE TO ALTER THE BUILDING OR IT WOULD JUST BE OFFICE SPACE. LIKE I SAID, A LOT OF THE USES THAT ARE ALLOWED WOULD NOT BE BUILDING.

YOU WOULDN'T BE ABLE TO REALIZE IT THE VAST MAJORITY OF THE

PROPERTY. >> COULD YOU PUT A [INDISTINCT]

THERE WITH ITS FOOTPRINT? >> YOU COULD NOT.

I HAVE HAD SEVERAL CALLS FROM FOLKS FROM ACROSS THE STREET ABOUT HAZARD AND I ASSURE THEM THE FOOTPRINT THERE THAT'S ACTUALLY BUILDABLE WOULD NOT ALLOW THE VAST MAJORITY OF USES IN CCD TO BE TO BE REALIZED IT WOULD NOT EVEN REALLY BE ABLE TO BE SUBDIVIDED TO THE DENSITY THAT CCD ALLOWS FOR IT TO BE

SUBDIVIDED. >> SO ONE OF THOSE SMALL LITTLE COFFEE KIOSKS THAT HAS THE STACKING WRAPPING AROUND THE BUILDING AND VERY SIGNIFICANT HIGH TRAFFIC AREA I THINK IS WHAT THE MAYOR PRO TEM IS GETTING AT.

ONE THEORETICALLY A BUILDING COULD FIT THERE.

>> A BUILDING COULD. LIKE I SAID, BE MORE OF A WALK UP KIND OF A PARK HERE EVEN TO THE SCALE THE DOWNTOWN FOOTPRINT WOULD NOT BE ABLE TO FIT. IT IS THAT ENCUMBERED BY

FLOODPLAIN. >> OKAY.

THANK YOU. >> BUT IN THEORY, ANY USE THAT'S

[00:40:07]

ALLOWED BY CDD THERE ARE NO LIMITATIONS.

>> THAT'S ONE OF THOSE THINGS THAT CRT OR THE OTHER MEETING WE WOULD SIT DOWN AND HAVE TO SATISFY THE VERY EXCRUCIATING TO

MAKE IT HAPPEN. >> BUT THIS COUNCIL WOULD NOT

HAVE ANY CONTROL OVER GOOD. >> WHAT -- ONCE IT HAS BEEN SUBMITTED BY CDD LIKE I SAID STAFF IT'S NOT VIABLE FROM A BUILDING STANDPOINT AND THAT'S REALLY THE NATURAL CONSTRAINTS

OF THE PROPERTY. >> IT COULD BE ADDED TO ANOTHER PARCEL NEXT TO IT, OR THAT COULD CREATE A USE THAT COULD GO TH

THERE? >> IT COULD, IT COULD.

>> I DON'T KNOW WHAT'S BEHIND THIS PROPERTY AND CDD CURRENTLY,

IS IT VACANT LAND? >> IT'S THE STORE EAST.

AND THEN THERE'S SOME PROPERTY ON THE CORNER THAT'S IN THE

COUNTY STUFF. >> I'M FAMILIAR WITH THIS PIECE OF PROPERTY AND I'M VERY COMFORTABLE WITH THE RECOMMENDATION TO APPROVE THIS. THERE IS A STREAM RIGHT THERE, THERE'S A BUNCH OF DRAINAGE PIPES IT MAKES NO DIFFERENCE YOU WILL NOT BE ABLE TO PUT ANYTHING ON THIS.

>> BUT THERE'S A CHURCH THERE NOW THAT HAS BEEN OPERATING.

>> SO IT'S MORE OF A AS IT'S AN ARM OF A RELIGIOUS ORGANIZATION THAT HAVE MEETINGS THERE, BUT DUE TO INTERNAL CHANGES WITHIN THEIR ORGANIZATION THEY LARGELY DON'T USE IT ANYMORE AND THEY OPERATE SOMEWHERE ELSE. SO THAT'S THE REASON THAT THEY ARE ALSO TRYING TO HAVE OTHER REASONS FOR SELLING AT, BUT IT HASN'T REALLY BEEN A PART OF THEIR OPERATIONS KIND OF ON A DAY-TO-DAY AND THAT'S ONE OF THE REASONS WHY THEY'RE MOVING TO

SELL AT. >> IT COULD BE USED FOR RESIDENTIAL JUST A SINGLE FAMILY DWELLING.

>> NOT LIKELY, JUST NOT LIKELY. AND I THINK ALSO WHEN YOU TALK ABOUT THE FLOODPLAIN ALSO FROM THIS INTERSECTION OF A RESIDENTIAL STANDPOINT THIS IS AN ARTERIAL AND I GUESS THERE WOULD BE A LOT GOING ON WITH THAT IN THE EXISTING DRIVEWAY TRYING TO MAINTAIN IT TO ACCESS IT ALL THESE EXISTING THINGS.

LIKE I SAID ANY INTENSE USES ARE REALLY ROLLED OUT FROM THE PROXIMITY TO THE INTERSECTION THE VOLUME OF TRAFFIC ON THIS ROAD ALSO BEING ENCUMBERED BY A FLOODPLAIN AND ALSO NOT HAVING THE DEPTH TO REALLY MANEUVER AND MITIGATE THE FLOODPLAIN ON THE SITE. IT IS A LOT.

THIS ENTIRE STRETCH IT'S ALSO PROPERTY ON THE OTHER SIDE OF THE ROAD WHICH IS KIND OF LARGELY REMAINED VACANT.

THERE'S A LOT OF FLOODWAY, FLOODPLAIN NOT EASILY TRAVERSABLE -- TRAVERSABLE, NOT EASILY DEVELOPABLE.

>> REALLY QUICKLY IT'S ABOUT A THIRD OF AN ACRE THAT'S NOT IN THE FLOODPLAIN, IT'S ABOUT 14,374 SQUARE FEET ROUGHLY AND SO THAT'S NOT AN EXACT NUMBER. BUT IN THAT CASE, IS PARKING ALLOWED IN THE FLOODPLAIN? I'M TRYING TO GET AT THE CRUX OF THE COUNCIL'S QUESTIONS? I THINK JUSTICE ON THE CHALLENGES EVERY TIME THE COUNCIL MAKES A DECISION SOMEONE FIGURES OUT A WAY TO -- FIGURES OUT A WAY AROUND THAT ENDS UP WITH SOMETHING THAT THEY MAY OR MAY NOT BE COMFORTABLE WITH TRYING TO UNDERSTAND IS THERE A WAY AROUND CAN PARKING GO ON THE FLOODPLAIN. CAN PARKING FIT A SMALL BUILDING ENVELOPE FOR A LIQUOR STORE OR HEMP STORE, WHATEVER IT IS, JUST MAKING SURE THAT THAT'S WHAT THEY'RE ACCOUNTABLE FOR.

>> EVEN IN THE SIGHT LINE, ONE OF THOSE THINGS THEY WOULD HAVE TO PRESENT A PLAQUE TO US -- A PLAN TO US TO ACTUALLY OUTLINE WHERE THE FLOODPLAIN ARE TO MATCH UP WITH WHATEVER CONDITIONAL USE OR WHATEVER USE THAT THEY WANT IT TO DO TO MEET THE DEVELOPMENT IN ASSOCIATED WITH ALSO TO THE POINT ABOUT PARKING IN THE FLOODPLAIN THAT WOULD ALSO BE HEAVILY CONTESTED LIKE I SAID A LOT OF THIS ROOM THE FOOTPRINT OF THE BUILDING THE SPECIAL DEVELOPMENT ASSOCIATED WITH A LOT OF THE USES IN CDD REALLY PRECLUDE THIS.

A LOT OF THOSE THINGS FROM BEING BUILT.

>> I GUESS MY QUESTION WOULD BE THEN, WHY WOULD THEY WANT -- IF IT'S THAT LIMITED, THEN WHY WOULD THEY WANT A CHANGE TO THE

ZONING? >> SO RIGHT NOW IT'S PERMITTED DD USE OF SINGLE FAMILY HOUSING SO THEY WOULD HAVE TO TEAR IT DOWN AND REBUILD IT LIKE I SAID THE MAJORITY OF PEOPLE THEY ARE TRYING TO SELL TO WE HAVE COMMERCIAL AND THAT MAKES SENSE ON PROPERTY LIKE THIS. IT IS SOMETHING THAT JUST WOULD THE PROXIMITY TO THE INTERSECTION AND ALL THE DIFFERENT THINGS, COMMERCIAL IS REALLY THE ONLY THING THAT MAKES SENSE. IT DOESN'T MEAN THAT IT WOULD BE

[00:45:03]

BUILDABLE. I GUESS I UNDERSTAND FROM THEIR LENS WHY THEY ARE PURSUING IT BUT I AM SAYING FROM MY LENS ON THE DEVELOPMENT STAFF SIDE, WE DON'T KNOW IF WE WOULD BE ABLE TO REALIZE THAT IF THEY OPTED TO TEAR DOWN THE BUILDING OR MAKE

THE NECESSARY ADJUSTMENTS TO IT. >> I JUST HAVE SOME CONSTERNATION RAINING OUR, LIKE WHY BROUGHT US ZONING DESIGNATION THAT ALLOWS THE MOST USE OF THIS WHEN WE HAVE NEAR VERY HIGH TRAFFIC INTERSECTION. WHEN WE HAVE ZERO IDEA OF WHAT ALLOWABLE USES COULD OCCUR HERE I'M TRYING TO GET OVER THAT.

I'M HAVING DIFFICULTY DOING THAT.

>> DO YOU KNOW IF THE APPLICANT IS HERE?

>> I DO NOT. >> TO PIGGYBACK ON THAT IF WE TURNED IT DOWN THERE IS NO REASON THAT THIS COULDN'T BE

BROUGHT UP. >> THE REZONING REQUEST, THERE

IS HOW MUCH TIME? >> REZONING REQUESTS IT'S DEFINITELY A YEAR, BUT I GUESS WITH THIS AS FAR AS FUTURE LAND USE AND THINGS LIKE THAT BUT I THINK OUR POSITION IS REALLY ON THE DEVELOPMENT SIDE, WE JUST DO NOT THINK A LARGER STRUCTURE WOULD REALLY BE ABLE TO BE REALIZED AND CONSTRUCTED WITH A LOT OF THE CURRENT THINGS ON SITE.

>> IF YOU NEED MORE INFORMATION, YOU COULD POSTPONE, WE COULD PROVIDE THAT INFORMATION TO YOU. IT'S WHATEVER YOU GUYS WANT TO DO. YOU CAN ACT ON IT TONIGHT ONE WAY OR THE OTHER OR DO THAT IF YOU FEEL YOU NEED MORE

INFORMATION. >> COULD YOU REMIND ME LDD BECAUSE THERE IS LDD ACROSS COLLEGE STREET ON THE CORNER.

>> LGD ONLY ENJOYS COMMERCIAL USES WITH PDO AND ALSO HAS TO HAVE A NEIGHBORHOOD SHOPPING CENTER DESIGNATION AND THIS DOES NOT HAVE THE SQUARE FOOTAGE TO REALIZE THAT.

IF ANYTHING, THIS COULD BE A POSTED SNAP.

I THINK THEY WOULD HAVE TO REDO THE BUILDING BUT THEN WITH THAT ANY NON-CONFORMITIES NOT EVEN JUST FOR THE PLANNING STANDPOINT BUT FROM AN INSPECTION STANDPOINT IT WOULD ALSO HAVE TO SATISFY. THERE'S JUST A LOT OF NUANCES TO THIS PROPERTY THAT WOULD MAKE THE CHALLENGE FOR SOMEBODY TO MOVE FORWARD WITH ANYTHING REALLY KIND OF BEYOND OFFICE

SPACE HONESTLY. >> IN YOUR DISCUSSIONS WITH THE APPLICANT THAT TYPE OF FUTURE USE IS NOT BROUGHT UP, SO YOU ARE NOT CLEAR ABOUT THEIR INTENTIONS AT ALL?

>> SO WE SPOKE WITH THEM FOR SEVERAL MONTHS THEY ARE IN THE PROCESS TO SELL IT LIKE THAT I THINK A LOT OF OUTFITS THAT WE WORK WITH FOR THE SOAP OPERA TRYING TO DO DEALS LIKE THIS THEY HAVE DESIGNATED REAL ESTATE PEOPLE THAT ARE USED TO WORKING WITH THIS HAVING THINGS LINED UP THAT IS NOT THE CASE.

THIS IS SOMEONE WHO WORKS FOR AN ORGANIZATION WHO HAS BEEN TASKED WITH, HEY, WE WOULD LIKE TO SELL THIS PROPERTY COULD YOU FACILITATE THAT? AND REAL ESTATE IS NOT WHAT HE DOES, KIND OF WHAT HE OPERATES IN.

THIS IS REALLY JUST SOMETHING HE HAS BEEN TASKED WITH.

SO FOR THIS, TO THAT POINT, THEY ARE STILL IN THE PROCESS OF JUST SELLING IT AND TRYING TO FIND A BUYER FOR IT.

PURSUING CDD WAS A RECOMMENDATION WHEN THEY WENT FORWARD WITH A COMMERCIAL BROKER REAL ESTATE PERSON WE HAVE EXCLUSIVE RESIDENTIAL ZONING. WE NEED COMMERCIAL ZONING.

ADDING THAT'S AS FAR AS THEY REALLY GOT.

>> THANK YOU. >> ANYONE ELSE?

>> THE CITY MANAGER OFFERED AN IDEA OF POSTPONEMENT IS THAT OF INTEREST TO EVERYONE DO WE GET A VOTE?

>> GO AHEAD AND VOTE. >> I PERSONALLY WOULD BE INTERESTED TO HEAR FROM IF THE APPLICANT WERE ABLE TO COME TO ANOTHER MEETING TO BE ABLE TO HEAR FROM THE APPLICANT THEMSELVES ABOUT POTENTIAL USES, I WOULD GIVE THEM A SHOT SO I WOULD ENTERTAIN THEM TO POSTPONE IT IF ANYONE ELSE FROM THE

COUNCIL WOULD AGREE WITH THAT. >> I'M FINE WITH THAT.

>> TWO PEOPLE WHO WOULD ENTERTAIN A POSTPONEMENT.

>> KIND OF INTRIGUED BY NOW. [LAUGHTER]

>> WE NEED A MOTION. >> THAT'S THREE OF YOU.

WE NEED A MOTION. >> TO POSTPONE A DATE CERTAIN TO OCTOBER SIXTH FOR THE NEXT COUNCIL MEETING.

>> SECONDED. >> MOTION IS SECONDED POSTPONED TO OCTOBER SIXTH FURTHER DISCUSSION.

ANY QUESTIONS? OKAY, PLEASE ALL IN FAVOR SAY I.

>> I. >> ANY OPPOSED?

>> NAY. >> WAS THAT TWO AGAINST? OKAY. SO WE WILL HEAR THIS ON

[9.d. Moratorium on the conditional use approval of new lounges within the Urban Core, Urban Neighborhood-East, and Urban Neighborhood-West zoning districts. Unanimous consent necessary.]

OCTOBER THE 6TH. CORRECT?

>> ALL RIGHT, ITEM 9D AUTHORIZES A MORATORIUM ON THE CONDITIONAL USE APPROVAL OF NEW LOUNGES WITHIN THE URBAN CORE URBAN NEIGHBORHOOD WEST AND URBAN NEIGHBORHOOD EAST ZONING DISTRICT. UNANIMOUS CONSENT IS NECESSARY.

[00:50:01]

>> I WOULD INTRODUCE THE ORDINANCE AND ASK FOR UNANIMOUS

CONSENT. >> SECOND.

>> MOTION TO SECOND. DOES ANYONE ON COUNCIL HAVE A PROBLEM MOVING FORWARD WITH THIS THIS EVENING?

>> MR. MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ITEM TO A DATE CERTAIN OF OCTOBER 6TH, I WOULD JUST LIKE TO GIVE TIME FOR DOWNTOWN BUSINESSES AFFECTED POSSIBLY IN THE URBAN CORE TO HEAR FROM SOME OF THOSE BUSINESSES AND HAVE AN OPPORTUNITY TO TALK WITH THEM, SO I AM PROPOSING A POSTPONEMENT TO A DATE CERTAIN OF OCTOBER 6TH.

>> I SECOND THAT. >> THE MOTION IS SECOND TO POSTPONE TO OCTOBER SIXTH ANY COMMENTS OR QUESTIONS.

>> I DON'T BELIEVE THE MOTION FOR UNANIMOUS CONSENT.

>> NO, YOU DID NOT DENY UNANIMOUS CONSENT SO HE'S MAKING A MOTION TO POSTPONE HE'S JUST EXPLAINING WHY.

IT'S THE SAME IDEA -- THE SAME IDEA.

IT WORKS BOTH WAYS. >> WE HAVE A MOTION AND A SECOND. POSTPONE OCTOBER SIXTH.

ANY COMMENTS OR QUESTIONS? CAN WE TAKE A VOTE ON THAT, MEGAN? ALL IN FAVOR PLEASE SAY AYE ANY

[10.a.1. Charred Oak Hemp. Retailer of consumable hemp products use (specialty retailer). Property located at 2900 East University Drive, Suites 120 and 125.]

OPPOSED? OKAY, AND THAT MOTION CARRIES AND WE WILL HEAR THIS AGAIN ON OCTOBER THE 6TH.

ALL RIGHT, RESOLUTIONS? >> ITEM TEN A ONE IS REQUEST FOR CONDITIONAL USE APPROVAL FOR RETAILER OF CONSUMABLE HEMP PRODUCTS FOR PROPERTY LOCATED AT UNIVERSITY DRIVE SUITE 120 AND 125 IN COMPREHENSIVE DEVELOPMENT DISTRICT FOR THE PLANNED DEVELOPMENT DISTRICT OVERLAY. THE PROJECT IS KNOWN AS CHARRED OAK HEMP. THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THIS REQUEST AT ITS SEPTEMBER TENTH MEETING. PUBLIC HEARING IS REQUIRED.

>> READY FOR APPROVAL. >> TO MOTION TO SECOND THIS TIME OUT OPEN THE PUBLIC HEARING IF YOU'D LIKE TO ADDRESS CITY COUNCIL PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS FOR THE RECORD. YOU HAVE 5 MINUTES TO SPEAK TO COUNCIL. CLOSE THE PUBLIC HEARING ANY COMMENTS OR QUESTIONS FROM COUNCIL?

>> I'M JUST NOT IN FAVOR OF. I JUST PUT THAT ON THE RECORD.

>> I HAVE A QUESTION. HOW LONG HAS THIS BUSINESS BEEN

OPERATION? >> WE DON'T KNOW FOR SURE.

FOR CHARRED OAK ITSELF, OWNERSHIP HAS CHANGED HANDS FAIRLY RECENTLY TO MY KNOWLEDGE. JUSTICE, IS THAT ACCURATE?

>> IT HAS BEEN OCCUPYING THAT SPACE FOR A NUMBER OF YEARS.

>> FOR QUITE A FEW YEARS IT'S MY UNDERSTANDING THE OWNERSHIP HAS CHANGED OBVIOUSLY TO HAVE THE STATE LAW CHANGED TO HAS ONLY BEEN MADE RECENTLY SINCE THE OWNERSHIP CHANGE.

>> AND TO DATE THAT BUSINESS HAS BEEN SUCCESSFUL AS THE LIQUOR

STORE. >> IT'S KIND OF A BOUTIQUE STYLE

LIQUOR STORE. >> IT'S BEEN OPEN FOR WHILE.

>> ANY OTHER COMMENTS OR QUESTIONS?

>> THIS IS A COMPLICATED ISSUE AS MANY ISSUES ARE.

IT MAY REQUIRE LEGAL OPINION HERE.

BUT THESE PRODUCTS CONTAIN WHAT IS CALLED THC.

IF I'M NOT MISTAKEN. AND THIS IS THE ACTIVE INGREDIENT FOUND IN MARIJUANA EXCEPT THIS IS NOT MARIJUANA.

SO WE COULD GO ON AND ON ABOUT THE SCIENTIFIC PROPERTIES AND THE MAKEUP OF THESE THINGS IT'S MY UNDERSTANDING THAT THEY

CONTAIN THC. >> THAT IS CORRECT.

>> I HATE TO EVEN USE THIS EXAMPLE, BUT A GUY NAMED ROD BRAMLETT AND HIS WIFE PAULA WERE KILLED AROUND THE CORNER ON THE PARKWAY BY SOMEONE WHO HAD THC IN HIS SYSTEM AND TAKE 2019 AND THAT DRIVER HAD VERY HIGH LIMITS OR LEVELS OF THC TO ME IT DOESN'T MATTER. THIS IS A STEP IN THAT DIRECTION I CERTAINLY WILL NOT SUPPORT THIS OR THE FOLLOWING ITEM.

>> ANYONE ELSE? OKAY.

ALL IN FAVOR PLEASE SAY I. >> I.

>> MAYOR ANDERS: ALL OPPOSED, PLEASE SAY NAY.

[10.a.2. Dixie Electric Cooperative. Offices and commercial support uses (warehouse and maintenance shop, contractor storage yard, fuel center). Property located at 2901 Beehive Road. ]

>> NAY. >> MOTION FAILS.

ITEM 1082 IS FOR OFFICES AND COMMERCIAL SUPPORT USES (WAREHOUSE AND MAINTENANCE SHOP, CONTRACTOR STORAGE YARD, FUEL CENTER). PROPERTY LOCATED AT 290 BEEHIVE ROAD.

PROJECT IS KNOWN AS DIXIE ELECTRIC COOPERATIVE.

IT WAS APPROVED ON SEPTEMBER TENTH MEETING.

PUBLIC APPROVAL REQUIRED. >> MOTION TO SECOND.

OUT OPEN THE PUBLIC HEARING IF YOU'D LIKE TO ADDRESS COUNCIL PLEASE COME FORWARD AND GIVE YOU -- GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. 5 MINUTES TO SPEAK TO COUNCIL.

GOOD EVENING. LEE THORPE ENGINEER FOR THE APPLICANT. I JUST WANTED TO COME UP AND SAY WE ARE EXCITED ABOUT THE PROJECT AND LET THEM KNOW WE ARE HERE IF YOU HAVE ANY SPECIFIC QUESTIONS ABOUT WHAT'S BEING PROPOSED OR ANYTHING LIKE THAT. NO ISSUES FROM THE PLANNING COMMISSION, COMMENTS AND THINGS LIKE THAT IS THERE ANYTHING?

[00:55:10]

>> PERFECT. >> WHAT IS THE LIGHTING GOING TO BE ON THIS? THE YARD?

>> WE DON'T HAVE ANY SPECIFIC DESIGN ON THE LIGHTING, BUT I CAN SAY THERE WILL BE PARKING LIGHTS AROUND IN THE EVENT THAT THEY NEED ACCESS TO THE FACILITY.

>> WHEN YOU WORK ON THOSE AND AWAY FROM THE SUBDIVISION.

>> SIR, AND COUNCILMAN DAWSON THE ZONING ORDINANCE REQUIRES THAT THEY NOT SHED LIGHT ON ADJACENT PROPERTIES SO I THINK MOST OF THOSE THINGS COULD BE ADDRESSED.

>> GOOD POINT. >> WHAT ABOUT FENCING?

>> IT WILL BE SECURE AND BEHIND A FENCE.

I'M ASSUMING YOU'RE PROBABLY GETTING KIND OF A BUFFERING ON THAT SO THE INTENT IS I BELIEVE IN THE DRAWING RIGHT NOW WE'VE GOT A BUFFER THAT'S BEYOND WHAT IS REQUIRED IN THE ZONING ORDINANCE TENDING TO BE VEGETATIVE IN SOME WAY THERE'S NOT A WHOLE LOT OF TREES ON THAT RIGHT NOW USED TO BE A FARMING OPERATION SO ANYTHING TO DO WOULD BE PLANTED I BELIEVE THERE ARE A COUPLE OF OPTIONS THAT WE HAD IN THE PLANNING COMMISSION COMMENTS FROM PLANNING ABOUT A PARTICULAR BARRIER THERE'S A COUPLE OF DIFFERENT OPTIONS THERE WOULD BE A SOLID SCREEN.

>> THERE'S A PRETTY GOOD ROW OF TREES BACK THERE NOW.

>> WE WOULD WANT TO KEEP AS MANY OF THOSE AS WE COULD WITH A 15-ACRE PROPERTY. I HEAR WHAT YOU'RE SAYING WE'LL TRY AND MAINTAIN THAT BUFFER AS BEST WE CAN.

>> ARE THERE RULES IN THE INDUSTRIAL FOR HOURS OF OPERATION FOR LARGE EQUIPMENT AND TRUCKS.

>> TYPICALLY NOT, SIMILAR TO THE ALABAMA POWER OPERATION WHERE THEY'RE NOT TYPICALLY OPERATING LATE AT NIGHT BUT IN A STORM EVENT OR A MAJOR OUTAGE TO DISPATCH CREWS FROM THIS LOCATION TO GET THEIR POWER BACK ON.

I DON'T KNOW BUT WE DO HAVE OTHER REPRESENTATIVES FROM DIXIE IN THE ROOM. DIXIE LIFE COOPERATIVE IS PART OF THE POWER SOUTH NETWORK AND A LOT OF PEOPLE DON'T REALIZE THEY SERVE A GOOD BIT OF THIS SIDE OF THE CITY AND BELOW COX ROAD AND SO ON SO THERE'S A LOT OF FOLKS THAT ARE SERVED BY IT.

BY THE GROWTH IN AUBURN THERE, THEY ARE CHOOSING NOW TO PUT A MAINTENANCE FACILITY HERE TO BE SURE THEY CAN RESPOND AS QUICKLY AS POSSIBLE TO THE NEEDS OF THEIR CUSTOMERS IN THE AREA.

BUT THEY COULD CERTAINLY SPEAK TO HOW OFTEN THAT IS OF BENEFIT I THINK IT'S MOSTLY RANDOM NOT A NORMAL 24-HOUR CYCLE.

>> THAT'S CORRECT, I COULD SPEAK TO THAT.

IT IS KIND OF -- I DON'T WANT TO SAY AN EMERGENCY SCENARIO IN ANY EVENT OR A STORM EVENT LINES GO DOWN, VERY SIMILAR TO THE [INDISTINCT], THAT'S A GOOD EXAMPLE.

>> AND THE FUEL TANKS WOULD BE BURIED?

>> YES, THERE ARE OTHER OPERATIONS I BELIEVE THE MONTGOMERY UNION SPRINGS I THINK IT'S A SINGLE 10,000-GALLON, MAYBE IT'S A 7000-GALLON WATER TANK IT'S UNDERGROUND.

IT'S ONE DOUBLE SIDED, IT'S ONLY USED FOR THEM, SO YES, IT WOULD BE UNDERGROUND THAT'S THE CURRENT PLAN.

>> IT'LL BE HIT WITH A STORM THERE COULD BE DAMAGE ON BOTH

SIDES. >> I BELIEVE THIS IS IN THE

SERVICE AREA. >> I BELIEVE THIS WILL BE REAL

CONVENIENT FOR THEM. >> WERE YOU REQUIRED TO GET AN

[INDISTINCT] CERTIFICATE? >> THEY WILL HAVE ONE ONCE THE FACILITIES AND OPERATION I BELIEVE THEY HAVE [INDISTINCT] CERTIFICATION ACROSS THE BOARD WITH THEIR COMPANY AS FAR AS THE SPECIFICS ON THEIR PERMITTING THAT THEY OPERATE UNDER CURRENTLY IN TOWN I DON'T HAVE SPECIFICS ON THAT BUT I DO KNOW

THAT THEY ARE PERMITTED. >> YOU ARE REFERRING

SPECIFICALLY TO THE FUELING. >> THEY WOULD NEED NEW PERMITS ON THE INSTALL FOR THAT, YES, SIR,.

>> WE HAVE HAD SOME CORRESPONDENCE ABOUT RUNOFF AND ALL KINDS OF THINGS ONE OF THE THINGS THAT WAS MENTIONED WAS THE PERMIT SO I'M GLAD TO KNOW IT'S PART OF THE PROCESS.

>> THEY WON'T BE ABLE TO PUT THE THING IN THE GROUND WITHOUT IT.

>> THIS FUEL TANK THAT YOU REFER TO IS THAT GOING TO BE LOCATED

WHERE IT SAYS FUEL STATION? >> IT WOULD BE IN THAT AREA BUT IT WOULD BE UNDERGROUND THAT'S THE CURRENT.

>> AND THEN ON THE PROPERTY, IT LOOKS LIKE YOU HAVE A SEPARATE LINE ROAD, I THINK THAT'S A ROAD.

>> YES, SIR, IT'S A DRIVEWAY. THIS IS THE PLAN YOU'RE LOOKING AT IT'S KIND OF LONG TERM BUILD OUT WITH NEEDS INCREASED.

JUST DUE TO THE NATURE OF THE BUSINESS YOU WOULD HAVE A BIT OF OPEN SPACE FOR TRUCK CIRCULATION DELIVERIES SOMETIMES THE MASSIVE

[01:00:02]

TRANSFORMERS THEY NEED TO RESTORE THINGS LIKE THAT THAT'S JUST THINGS ON THE SIDE. NOTHING PUBLIC THINGS LIKE THAT.

>> TWO CURB CUTS ON BILTMORE AND TWO CURB CUTS ON BEEHIVE?

>> YES, SIR, BUT I BELIEVE WITH THE MOST RECENT COMMENTS FROM ENGINEERING AND PLANNING COMMISSION, WE WILL BE LIMITED TO I BELIEVE ONE ACCESS ON BEEHIVES WITH THE PRIMARIES

BEING OFF OF THE BILLBOARD. >> AND ARE EITHER OF THESE ROADS

ARTERIALS? >> BEEHIVE IS.

>> SO IT'S OKAY TO PUT A CURB CUT ON AN ARTERIAL?

>> ONE EXISTS THERE ALREADY. >> HOLD ON.

>> IF YOU COULD MEET THE SPACE REQUIREMENT.

>> AND THE INTENT WOULD BE TO OBVIOUSLY MEET THE SPACING REQUIREMENT FROM THE INTERSECTION, BUT WE WOULD ALSO DO OUR BEST TO ALIGN THAT WITH THE ROAD ACROSS THE STREET.

>> SO THE CURB CUT THEN WHERE IT LOOKS LIKE A PARKING AREA DOWN HERE, THAT'S GOING TO BE ELIMINATED?

>> UP ON THE CORNER RIGHT THERE BY THE INTERSECTION, YES,.

>> OKAY, THANK YOU. >> ANY OTHER QUESTIONS?

>> THANK YOU TO YOU ALL. >> MR. MAYOR, I HAVE A PROCEDURAL QUESTION WE ALL RECEIVE CORRESPONDENCE WE ASK THAT IT BE PUT INTO THE RECORD WE NEED TO READ IT ALOUD.

>> JUST BEING SUBMITTED IN THE FILE THANK YOU.

>> THAT'S FINE, I APPRECIATE YOU BRINGING THAT UP.

>> THANK YOU FOR BRINGING THAT UP.

>> ANYONE ELSE, THE PUBLIC HEARING IS STILL OPEN, WOULD ANYONE ELSE LIKE TO SPEAK TO THE COUNCIL ON THIS? CLOSE THE PUBLIC HEARING. ANY QUESTIONS FROM THE COUNCIL COMMENTS? OKAY, ALL IN FAVOR PLEASE SAY

[10.a.3. Old Stage Road MUD. Performance residential use (24-unit multiple-unit development). Property located at 621 Old Stage Road.]

AYE. >> I.

>> ANY OPPOSED? AND THE MOTION CARRIES.

>> ITEM TEN A3 IS REQUEST FOR CONDITIONAL USE APPROVAL OF A PERFORMANCE RESIDENTIAL USE OF 24 UNIT MULTIPLE UNIT DEVELOPMENT TO BE LOCATED AT 621 STAGE ROAD AND THE COMPREHENSIVE DEVELOPMENT DISTRICT. THIS PROJECT IS KNOWN AS OLD STAGE ROAD MED. THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THIS REQUEST AT THE SEPTEMBER TENTH MEETING. APPROVAL IS REQUIRED.

>> MOVE FOR APPROVAL. >> SECOND.

>> AND THE MOTION IS SECOND. THIS TIME WE WILL OPEN THE PUBLIC HEARING. THIS WOULD -- IF YOU'D LIKE TO ADDRESS CITY COUNCIL PLEASE COME FORWARD AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. YOU HAVE 5 MINUTES TO SPEAK.

CLOSE THE PUBLIC HEARING ANY COMMENTS OR QUESTIONS FROM THE

DAIS? >> WHAT DOES THIS LOOK LIKE?

>> THIS IS TAKING I THINK, THERE'S AN EXISTING BUSINESS PARK ON OLD STAGE ROAD? AND THIS IS REPLACING THAT WITH SOME HOUSING, STUDENT HOUSING SIMILAR TO WHAT ELSE CAN BE FOUND LIKE HARPER STREET AND A DDU?

LIKE A BUNCH OF THEM. >> IT CANNOT BE AN ADU BY DEFINITION IN THE MOMENT AND THE PLANNING DIRECTOR CAN ADDRESS

THAT. >> THAT IS CORRECT AND SO WHAT IS BEING CONSIDERED IS A MULTIUNIT DEVELOPMENT WHICH ALLOWS MULTIPLE STRUCTURES ON ONE LIGHT, BUT CDD EXPRESSLY PROHIBITS PRIVATE DORMITORIES SO PRIVATE DORMITORIES ARE DEFINED IN THE ORDINANCE WHICH WILL BE HEAVILY CONTESTED IN DR..

THAT IS SOMETHING THE APPLICANT IS AWARE OF.

WE ARE HAVING AN ACTIVE CONVERSATION ABOUT WHAT THE CONFIGURATION AND VETERANS AND ALL THOSE THINGS, WHAT THE FLOOR PLANS NEED TO LOOK AT -- LOOK LIKE, LAYOUT, STRUCTURE, HOW THEY WOULD RUN THE OPERATION. ALL THOSE THINGS WOULD BE CONTESTED IN DRT TO BE VERIFIED FOR THIS TO COMPLY TO MEET THE DEFINITION OF A MULTI-UNIT DEVELOPMENT AND NOT A PRIVATE

DORMITORY. >> NOT A ADDU.

>> NO. AND I GUESS WHAT THEY DID SUBMIT DID LOOK LIKE I GUESS COMING FROM A RENDERING STANDPOINT, IT LOOKED LIKE HOUSES BUT LIKE I SAID, WE HAVE GOT MULTIPLE AUDS AROUND TOWN THAT HAVE VARIATION OF UNITS AND HOUSING TYPES KIND OF UP ON NORTH DEAN WAS ONE OF THE MOST RECENT ONES, CREEKSIDE STUFF WHERE THERE WOULD BE OFFERINGS WHERE THEY DO LOOK LIKE HOUSES BUT LIKE I SAID, IT WILL ALL BE ON ONE LOT.

MULTIPLE STRUCTURES ON ONE LOT SO 24 UNIT AUD.

>> DOES STAFF HAVE ANY CONCERNS ABOUT THE PARKING REQUIRED IS 132 SPACES. DOES ANY STAFF HAVE ANY CONCERNS ABOUT THE ADDED TRAFFIC THAT THIS DEVELOPMENT WOULD BRING TO

OLD STAGE ROAD? >> , WE DO.

THAT WAS ONE OF OUR COMMENTS. SO WE WANTED TO PROJECT TO SEE WHAT THE BACKGROUND LEVEL GROWTH WOULD BE ON THAT CORRIDOR.

BASICALLY, EAST OF VILLAGE DRIVE 725 VEHICLES PER DAY AVERAGE

[01:05:05]

DAILY TRAFFIC. IN THE PAST THAT WAS 1500, SO IT'S CLASSIFIED AS A LOCAL TODAY, BUT THOSE NUMBERS IT'S NOT ACTING AS A LOCAL SO WE REQUEST THE DEVELOPER TO TURN IN AN INDEPENDENT TRAFFIC STUDY TO VERIFY WHAT KIND OF COUNTS AND EXPERIENCE FROM THAT AREA JUST BECAUSE OF THOSE KINDS OF HOUSING UNITS AND PARKING REQUIREMENTS.

>> TWO THINGS AGAIN. WHERE OLD STAGE ROAD COMES OUT ONTO OPELIKA ROAD WITH A NARROW CROSSING RIGHT THERE AND THEN YOU'VE ALSO GOT AN APPROVED A DESIGN CONTRACT FOR ALL OF DEAN ROAD AT OPELIKA ROAD THAT STRETCHES DOWN TO GLENN AVENUE SO WE ARE ALSO DEALING WITH OLD STAGE ROAD AND STAGE ROAD ITSELF LIKE THE SEASON OUTCOME OF THAT STUDY PEOPLE COULD TURN LEFT ONTO THOSE STREETS BUT WOULD NO LONGER BE ABLE TO TURN LEFT OUT OF THOSE STREETS OR GO STRAIGHT ACROSS BECAUSE OF VERY HIGH SPEED COLLISIONS AND OTHER THINGS THAT HAPPEN AT THAT

VICINITY IS THAT CORRECT. >> THAT WOULD BE BUILT INTO THE STUDY IF THAT'S ALREADY HAPPENING.

>> WHAT ARE WE LOOKING FOR IN THAT STUDY WHEN WE RECEIVE IT?

>> I WOULD BE ABLE TO GET A BETTER IDEA OF WHAT THE TOTAL DAILY TRAFFIC COUNT WOULD BE POST DEVELOPMENT IF THERE ARE ANY RESPONSIBILITIES FOR THE DEVELOPER TO DO ANY IMPROVEMENTS OR SITUATED ALONG THAT RIGHT OF WAY THAT WE FEEL ARE NECESSARY AND MEET THE CLASSIFICATION OF ROADWAY.

GET THAT ROADWAY HAS NOT REDEVELOPED AND BEEN RECLASSIFIED IN ANY SHORT TERM OR INTERMEDIATE TERM BUT AS THE CITY MANAGER ALLUDED TO WE'RE AT 30% DESIGN ON NORTH DEAN AND WHAT SHE HAS PROPOSED AND SENT OVER IS BASICALLY ELIMINATING OUT IS LEFT OUT BECAUSE WE DO HAVE A HIGHER THAN NORMAL ACCENT BACKGROUND AT CURRENT RATES THERE.

THAT IS PART OF THE PLAN AND WE WANT TO TAKE IT INTO CONSIDERATION AS WE STUDY THIS DEVELOPMENT.

>> DOES THE DEVELOPMENT THAT IS THE SIZE, WOULD THEY BE REQUIRED TO CONTRIBUTE TO THE INFRASTRUCTURE IMPROVEMENTS THAT

WE ARE LOOKING AT ON DEAN. >> POTENTIALLY, YES, MA'AM,.

>> WE WILL HAVE TO SEE WHAT THE STATE SAYS BECAUSE THE ADJOINING DEVELOPER HAS ADDED A LOT OF UNITS IN THAT AREA THAT ARE EGRESSING AND INGRESSING THIS WAY THAT IS SUMMERHILL, CORRECT THAT I'M THINKING OF FOR SUMMERHILL.

AND SUMMERHILL HAS SEEN A GOOD UPTICK IN TRAFFIC AND THAT'S WHERE THE CLEVELAND PIERSON OFFICE ALSO COMES OUT ON GLENN AVENUE. WE SEE A LOT OF CHANGES THAT INTERSECTION AS WELL AND ALL THOSE OTHER SIDE STREETS COOK TO BARTLETT AND ET CETERA IN THAT AREA, SO WE ARE LOOKING AT ALL OF THAT BECAUSE PATTERNS HAVE CHANGED BY THE DENSITY CHANGES

IN THE AREA. >> THIS USED TO BE MAINLY AN OFFICE PARK, A LIGHT INDUSTRIAL PARK.

INFORMATION IS SHOWN 120 BEDS WOULD BE BUILT HERE DO YOU KNOW HOW MANY PEOPLE ON AN AVERAGE DAY WOULD WORK THERE IS THERE GOING TO BE ANY DATA PROVIDED FOR THAT.

>> A COUPLE OF BUSINESS OWNERS DID COME OUT TO THE PLANNING COMMISSIONER TO SPEAK, THAT'S ABOUT IT.

>> WE ARE SURE THE TRAFFIC STUDY COME BACK CERTAIN NUMBERS WOULD REQUIRE THE DEVELOPER TO MITIGATE THE IMPACT OF TRAFFIC.

>> YES, SIR,. >> THAT'S SOMETHING THE DEVELOPER HAS BEEN AWARE OF FROM DAY ONE IN THE INITIAL PRE-APPLICATION MEETINGS, CORRECT?

>> YES, MA'AM,. >> YES, SIR, THANK YOU.

>> LOOKING AT THE ASSESSMENT HERE IT SAYS THAT THE FUTURE LAND USE WAS SUPPOSED TO BE MIXED USE TWO AND IT SAYS THAT THAT WOULD FOCUS ON RETAIL AND ADAPTIVE USE OF EXISTING STRUCTURES, RESIDENTIAL USES ARE PERMITTED IN INTEGRATION WITH RETAIL USES ALL AT A LOWER INTENSITY.

I DON'T SEE ANY REUSE OR RETAIL EITHER ONE IT'S CONTRADICTORY TO THE FUTURE LAND USE PLAN. WHAT IS GOING ON THERE?

>> A GREAT QUESTION. SO MIXED USE TOO AND THE FUTURE LAND USE SO MIXED USE DOESN'T ALL HAVE TO BE INCORPORATED IN ONE PROJECT THAT COULD BE MIXED VERTICALLY AND HORIZONTALLY A LOT OF THE RESIDENTIAL DOESN'T START TO BE UP INTO THE NEIGHBORHOODS ON THE SUMMERHILL THIS WOULD BE THE FIRST INTRODUCTION ON THE RESIDENTIAL. I GUESS THERE IS THE EXISTING APARTMENT COMPLEX ON THE OTHER SIDE.

THIS PROJECT DOES CONFORM WITH THE MIXED USE INTENT ACROSS ALL THE ENTIRE AREA REALLY KIND OF LOOKING AT THAT AREA NOT NECESSARILY JUST THAT PARCEL THAT IS SOMETHING THAT STAFF IS VERY SENSITIVE TO. IF WE WERE TO GET MULTIPLE ONES COMING TO THAT THIS IS PROBABLY SOMETHING THAT WE PUSH FORWARD TO CLOSER TO THE INTERSECTION THAT WOULD HAVE A MIXED USE

[01:10:02]

COMPONENT BUT THIS ONE WOULD BE AN EXCLUSIVELY RESIDENTIAL ONE LIKE THE ECOSYSTEM OF THE AREA ON OLD STAGE OVER THERE DOES

COMPLY. >> I DON'T SEE HOW IF WE LOOK BEYOND WHAT WE ARE SUPPOSED TO BE CONSIDERING TONIGHT, AND THE THING WE ARE SUPPOSED TO BE LIMITED TO IS A PIECE OF PROPERTY THAT'S ON THE AGENDA AND THERE IS CERTAINLY NO RETAIL OR OBJECTIVE USE INCLUDED IN WHAT WE ARE BEING PRESENTED.

>> I JUST, I DON'T KNOW, RETAIL ON THAT LITTLE STRETCH OF OLD STAGE ROAD SEEMS PRETTY AWKWARD TO ME FOR A PLACE TO PUT A RETAIL ESTABLISHMENT. I KNOW THERE ARE SOME OFFICES OVER THERE AUBURN ELECTRIC IS OVER THERE, THERE'S A

CONSTRUCTION COMPANY -- >> SO, IT'S A HODGEPODGE MIX OF USES BACK THERE IT'S REALLY DIVERSE FROM A ZONING STANDPOINT AND BIRD CDE, CRDD. THERE'S A LOT GOING ON BACK THERE. EVERYTHING FROM LIGHT INDUSTRIAL TO THE COMMERCIAL ESTABLISHMENTS THERE'S A GYM OVER THERE THERE'S A LOT GOING ON BUT I THINK JUST RETAIL THAT FAR INLAND NOT REALLY BEING THERE IN THE INTERSECTION THERE'S A LOT OF TRAFFIC AND PEOPLE DRIVING THROUGH IT BUT I THINK IF IT WERE CLOSER TO THE INTERSECTION OR ENJOYED A CORNER LOT, THAT IS SOMETHING WE WOULD HAVE A LOT STRONGER POSITION ON KIND OF PUSHING FOR A MIXED USE COMPONENT THERE.

BUT I THINK THIS FAR INLAND I THINK A MIXED USE ACROSS THE BROADER ECOSYSTEM IS FINE FOR STAFF.

>> IT WAS REZONED IN THOSE SENIOR PACKETS IN 2019 AS AN OUTCOME OF THE HARPER AVENUE FOCUSED STUDY AND CDD TO A POINT THAT WE HAVE MUCH LATER ON IN THE AGENDA ABOUT THE REWRITE OF THE ZONING ORDINANCE, SOME OF THESE THINGS WOULD CHANGE OVER TIME. TO COUNCILMAN GRISWOLD'S POINT PLANNING IS OFTEN AHEAD OF OUR ZONING ORDINANCE.

PART OF THIS ALIGNMENT WITH THE ZONING ORDINANCE REWRITE SHOULD GET A LOT OF THAT TRIGGERED UP HERE TO SEE MORE ZONING DISTRICTS AND RIGHT NOW YOU'RE CAUGHT IN THAT AREA BETWEEN THE LAND USE PLAN AND A VERY BROAD ZONE DISTRICT.

>> WHERE I GET LITTLE COMFORT FROM THE ISSUE THAT COUNCILMAN GRISWOLD BRINGS UP IS IN THE COMMENTARY THERE WHICH SPEAKS THERE'S A SENTENCE THERE WHICH SAYS THAT THIS DEVELOPMENT IS NOT LOCATED ON A MAJOR TRANSPORTATION CORRIDOR THEREFORE, THE IMPORTANCE OF MIXED USE DEVELOPMENT BOTH HORIZONTAL AND VERTICAL IS MORE SUBDUED AND THAT FOR ME SPEAKS TO ITS LOCATION RELATIVE TO OPELIKA ROAD FOR SURE.

>> ALL RIGHT, ANY OTHER COMMENTS? OKAY, ALL IN FAVOR PLEASE SAY I? ANY OPPOSED? -- PLEASE SAY AYE. ANY OPPOSED?

>> FOR AN INDIVIDUAL VOTE WE COULD RAISE HANDS OR DO WHATEVER

YOU WISH. >> WE WILL DO AN INDIVIDUAL

VOTE. >> YES.

>> YES, MA'AM,. >> NO, MA'AM,.

>> NO, MA'AM,. >> YES.

>> NO. >> YES.

[10.a.4. Tiger Spirits Hemp – South College. Retailer of consumable hemp products use (specialty retailer). Property located at 2328 South College Street.]

>> YES. >> OKAY, THE MOTION CARRIES.

ITEM 10A FOR IS REQUEST FOR ADDITIONAL USE FOR A RETAILER OF CONSUMABLE HEMP PRODUCTS LOCATED AT 2328 SOUTH COLLEGE DISTRICT.

THIS PROJECT IS KNOWN AS TIGER SPIRITS HEMP.

THE PLANNING COMMISSION RECOMMEND APPROVAL REQUEST AT SEPTEMBER TENTH MEETING, PUBLIC HEARING IS REQUIRED.

>> APPROVED. >> SECONDED.

>> MOTION IS SECONDED? OPEN THE PUBLIC HEARING IF YOU'D LIKE TO ADDRESS THE COUNCIL PLEASE GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU HAVE 5 MINUTES TO SPEAK SEEING NO ONE, WE WILL CLOSE THE PUBLIC HEARING.

ANY COMMENTS OR QUESTIONS FROM THE COUNCIL?

>> I WANT TO CORRECT IT'S A COMPREHENSIVE DEVELOPMENT DISTRICT NOT SOUTH COLLEGE CORRIDOR DOESN'T MATTER.

JUST WANT YOU TO KNOW THE DISTRICT.

>> I THINK THIS USE WORKS PARTICULARLY IN THIS LOCATION.

I AM SENSITIVE TO THE FEELINGS OF COUNCILMAN MOREMAN FEELINGS REGARDING CONSUMABLE HEMP PRODUCTS HOWEVER THE STATE OF HEMP HAS WEIGHED IN ON WHAT IS TOLERABLE AS A CONSUMABLE HEMP PRODUCT VIS A VIS ITS THC CONTENT.

I WOULD HAVE A QUESTION ABOUT HOW I KNOW OUR SISTER CITY HAS RUN INTO SOME ISSUES WITH PEOPLE APPEARING TO NOT MEET THE REQUIREMENTS OF THE STATE AND I WOULD LIKE TO KNOW HOW WE GO ABOUT IN THE DEVELOPMENT IF THIS SHOULD PASS, WHERE IS THE OVERSIGHT AND PERHAPS ENFORCEMENT COMPONENT TO PRODUCTS CONTAINED IN SUCH A BUILDING.

[01:15:01]

>> VERY QUICKLY BEFORE I HAVE THE CITY ATTORNEY WEIGH IN, I WOULD REMIND YOU THAT OUR BUSINESS LICENSE IS SET UP VERY DIFFERENTLY THAN OUR SISTER CITY'S BUSINESS LICENSES.

COUNCIL DID NOT GIVE ITSELF THE OPPORTUNITY TO PULL BUSINESS LICENSES FOR CERTAIN REASONS, OTHER THAN WHAT IS OUTLINED IN STATE LAWS. THAT IS ONE MAJOR DIFFERENCE IN THE ENFORCEMENT PIECE THAT MIGHT BE INVOKED BY ANOTHER CITY IN TERMS OF OUR ABILITY TO ENFORCE [INDISTINCT] WITH THE ABC BOARD.

>> THE STATE CONSUMABLE HEMP PRODUCT STATUTE PASSED THE ABC BOARD WITH EXCLUSIVE REGULATORY CONTROL OVER THE PRODUCTS THAT ARE SOLD WITH THE LABELING OF THE REQUIREMENTS FOR THOSE PRODUCTS THE LICENSING THAT HAS TO BE CARRIED TO SELL THOSE PRODUCTS UNDER THE ABC BOARD'S REGULATIONS SO ABC IS IN CHARGE OF THAT REGULATION, THIS COUNCIL DID PASS AN ORDINANCE ADOPTING ITS OWN REGULATIONS REGARDING CONSUMABLE HEMP PRODUCT LOCATIONS WITHIN THE CITY. THERE IS A LIMITED PROVISION WITHIN THAT ORDINANCE THAT WOULD ALLOW THIS COUNCIL TO REMOVE A BUSINESS LICENSE IF THE OPERATORS OF A CONSUMABLE HEMP PRODUCTS LOCATION ARE ENGAGED IN OTHER NEFARIOUS ACTIVITIES OR ILLEGAL ACTIVITIES. BUT THAT IS VERY LIMITED, IT DOES NOT EXPAND TO THE ACTUAL PRODUCTS THAT ARE SOLD, THE LABELING OF THEM, THE THC CONTENTS OF THEM.

>> THANK YOU. ANY OTHER QUESTIONS?

>> I SHARE THE CONCERNS OF COUNCILOR MOREMAN, BUT I DON'T THINK I CAN JUSTIFY CHERRY-PICKING WHICH ONES GET IT

AND WHICH ONES DON'T. >> I THINK IN TERMS OF THE CONDITIONAL USE COMPONENT OF THIS, I THINK LOCATION PLAYS A STRONG PART HERE WE HAD AN APPLICANT EARLY ON IN THE ADOPTION OF THIS USE I THOUGHT COULD APPROPRIATELY PLACE OFF OF A MAIN CORRIDOR ON OPELIKA ROAD AND THE SOUTH COLLEGE CORRIDOR MIRRORS THAT TO SOME DEGREE IF NOT MORE OF THE URBAN, THE MORE COMMERCIAL, I SHOULD SAY COMPONENT OF SOUTH COLLEGE THERE, WE DON'T HAVE A LOT OF HOUSING THERE, WE HAVE SIGNIFICANT NEIGHBORHOOD PRESENCE THERE, WE HAVE A COMMERCIAL CORRIDOR AND FOR THAT REASON I AM FULLY SUPPORTIVE OF

IT. >> IS THIS ONE A LITTLE DIFFERENT IN THE SENSE OF ONLY PART OF THE BUILDING WOULD BE USING A CONSUMABLE HEMP PRODUCT, OR IS IT LIKE A PACKAGE STORE WHERE THEY WOULD HAVE IT MIXED, I JUST DON'T KNOW THE ANSWER TO

THAT. >> SO THAT WOULD BE SOMETHING THAT WOULD BE SPECIFIED ON THE ABC -- A BC LICENSING, JUST GIVE

ME A SECOND. >> IT LOOKS ON THE DRAWING IT'S

ONLY A PORTION OF THE BUILDING. >> THE DRAWING IS JUST OUR SITE PLAN LOCATION, THAT'S JUST OUR SPACE THAT THEY ARE LEASING.

>> OKAY. >> THIS IS RIGHT NOW WEST VETERANS BOULEVARD AND SOUTH COLLEGE IN THE SAME CENTER WHERE [INDISTINCT] KITCHEN IS. THIS IS THE END CAP.

IT WAS BAR 51 YEARS AGO AND SOME OTHER THINGS, END CAP FOR THE CIGAR SHOP IT'S BEEN A FEW OTHER THINGS.

>> ANY OTHER QUESTIONS? >> HAVE WE APPROVED RETAIL OF

CONSUMABLE HEMP PRODUCTS. >> I'M SORRY THIS IS THE OPPOSITE IT'S THE WRONG SIDE IT'S THE PHILLY CONNECTION SPACE. FLIP IT AROUND.

I'M SORRY. >> HAVE WE APPROVED SALE OF CONSUMABLE HEMP PRODUCTS TO ANY OTHER APPLICANTS THAT ALSO SELL

LIQUOR. >> NOT TO MY KNOWLEDGE AS OF Y

YET. >> [INDISTINCT] IS THE ONLY APPROVAL FOR CONSUMABLE HEMP PRODUCTS.

>> AND IT IS EXCLUSIVELY -- >> CONSUMABLE HEMP PRODUCTS.

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

ANY OPPOSED, PLEASE SAY NAY. >> NAY.

>> LET'S DO A ROLL CALL. >> ADAMS.

>> YES. >> NO.

>> YES, MA'AM,. >> NO, MA'AM,.

>> TAYLOR. >> NO.

[10.b.1. Bison Trust. Vacation. Prosper at Plainsman Lake Sewer Easement. Property located at 1803 Kenai Pass. Public hearing required.]

>> NO. >> THAT'S FOR, FIVE, FAIL.

>> THAT ONE ALSO FAILS. ITEM 10B ONE SENSITIVE VACATION OF A PUBLIC SANITARY SEWER EASEMENT LOCATED AT 1803 [INDISTINCT] PASS AND ALSO AUTHORIZES A QUICK CLAIM AND PUBLIC HEARING IS -- PROSPER AT PLAINSMAN LAKE SEWER EASEMENT. PROPERTY LOCATED AT 1803 KENAI PASS. PUBLIC HEARING

REQUIRED. >> SECONDED.

>> IF YOU'D LIKE TO ADDRESS THE COUNCIL PLEASE COME FORWARD AND GIVE YOUR NAME AND ADDRESS TO SPEAK TO THE COUNCIL.

[01:20:06]

>> HELLO MAYOR AND COUNCIL. MY NAME IS JASON AND I LIVE AT THE PROPERTY ADJACENT TO THIS ON KENAI PASS I ATTENDED A PLANNING COMMISSION MEETING BACK IN NOVEMBER WHEN THEY WERE APPROVING THE PLOT FOR EVERYTHING AND I HAD SOME CONCERNS THEN WITH EROSION AND RUNOFF BECAUSE THEY BUILT THEIR PROPERTY VERY HIGHLY AND THERE IS A SLOPE DOWN INTO MY PROPERTY. I HAD MET WITH [INDISTINCT] THAT HAD COME OUT BEFORE CHRISTMAS, KIND OF AGREED THAT I WAS ASKING FOR A RETAINING WALL OR SOMETHING SO IT DIDN'T [INDISTINCT] MY PROPERTY. AT THAT TIME HE AGREED.

THEY WERE GOING TO SEND SOMEONE OUT THEY WOULD CONTACT IN MARCH A FEW TIMES IN APRIL AS WELL BUT WE GOT NO RESPONSE BACK.

THOSE CONCERNS ARE STILL THERE. I'VE GOT PICTURES IF YOU WANT TO SEE EROSION, WATER RUNOFF, THERE IS A LARGE PINE TREE THAT IS RIGHT ON MY FENCE LINE INSIDE ON THEIR PROPERTY OR THE CITY'S PROPERTY I'M NOT SURE HOW THE EASEMENT WORKS THAT HAS BEEN ERODED OUT UNDERNEATH. THAT I HAVE CONCERNS WITH AS WELL AND THERE IS A LARGE STORM DRAIN PIPE THAT RUNS RIGHT SO THAT IS MY MAJOR CONCERN. IF YOU COULD DELAY THE VOTE TO LOOK AT THE PROPERTY AND EVALUATE.

I UNDERSTAND HOUSTON, IT IS A PRICEY LOT BECAUSE IT IS ON THE LAKE. BUT IT DOES IMPACT MY PROPERTY

AS WELL. >> THANK YOU SIR.

WE APPRECIATE YOUR COMMENTS. >> WOULD ANYONE ELSE LIKE TO ADDRESS THE COUNCIL? OKAY.

>> NO FURTHER QUESTIONS? >> A MAKE A MOTION WE CONTINUE

IN OCTOBER. >> I SECOND.

>> THE MOTION SECOND. >> TO THE OCTOBER 6 MEETING?

>> YES. >> I NEED A ONE POINT OF VERIFICATION. ABSOLUTELY GOING FORWARD I WANT TO CLARIFY THIS HAS NOTHING TO DO A STORM DRAINAGE.

STANDARD TORY -- -- SANITARY SEWER EASEMENT ONLY TO BE CLEAR THE SANITARY SEWER EASEMENT THERE IS NO SEWER LINE IT'S FINE TO POSTPONE THE WAY TO BE CLEAR THIS IS NOT ABOUT STORM WATER IN TERMS OF THE EASEMENT ACTION. I CAN HAVE A PERSON EXPLAINED TO YOU IF YOU WOULD LIKE TO DO THAT TONIGHT OR WE CAN PROCEED WITH THE POSTPONEMENT INCLUDING SENDING SOMEONE.

>> I WAS LIKE TO PROPONENT - - PROPOSE IT - - POSTPONE IT AS WE

KNOW WHAT'S GOING ON. >> COMMENTS OR QUESTIONS?

>> IF YOU HAVE THE QUESTION JUST TO YOU KNOW WHAT'S GOING ON IN THE MOMENT TO ASK FURTHER QUESTIONS MOVING FORWARD THAT'S FINE. COUNCILMAN?

>> CERTAINLY THIS IS A PRIVATE SEWER EASEMENT.

ONE TIME THEY CONTEMPLATED AND IT IS NOT NEEDED NOW SO THE PROPERTY OWNER APPROACHED US ABOUT VACATING IT AND WE WERE FINE WITH THAT THAT'S WHAT WE ARE PRESENTING IT.

I AM AWARE THE CITIZEN HAS RAISE CONCERNS OF EROSION IN THE WATERSHED DIVISION DID RESPOND AND LOOK AT THE SITE WILL NOT FIND ANY ISSUES AT THE TIME. TO MY KNOWLEDGE TODAY THERE IS A GRASS WELL THERE STAFF HAS REPORTED THEY HAVEN'T SEEN ANYTHING SIGNIFICANT AT THIS TIME FROM THE EROSION STANDPOINT BUT AS FOR -- -- AS FAR AS STORM WATER QUANTITY CAUSING DAMAGE

I'M NOT AWARE OF THAT. >> IN THE INTERIM PERIOD WHERE DID YOU STILL CHOOSE TO POSTPONE?

>> YES. >> THE ENGINEER HASN'T NOW.

>> THANK YOU. >> WE HAVE A MOTION SET TO POSTPONE TO OCTOBER 6. OKAY WE WILL HEAR THIS AGAIN IN

[10.b.2. Owens Family Partnership, LLC. Resolution accepting statutory warranty deed and approving compensation of $980,000. North Donahue Drive Widening Project Ph 1.]

THREE WEEKS. >> STATUTORY WARRANTY DEED FROM THE OWENS FAMILY PARTNERSHIP LLC FOR PROPERTY LOCATED NORTH OF

[01:25:01]

THE INTERSECTION AND INCLUDES COMPENSATION FOR THE USE AND ACQUISITION OF PROPERTY IN THE AMOUNT OF $980,000 FOR THE NORTH DONAHUE DRIVE WIDENING PROJECT PHASE I.

>> I SECOND. >> QUESTIONS OR COMMENTS FROM THE COUNCIL? ALL IN FAVOR?

[10.c.1. Foresite Group, LLC. Yarbrough Farms Boulevard Extension Project. $344,656.]

THOSE OPPOSED? THE MOTION CARRIES.

>> ITEM 10 C1 A CONTRACT WITH FORESIGHT GROUP LLC FOR THE YARBOROUGH FARMS BOULEVARD EXTENSION PROJECT $344,656.

>> MOVE FOR APPROVAL. >> SECOND.

>> COMMENTS QUESTIONS? >> ARE THERE ANY OTHER STUDIES GOING ON BY THE DEVELOPER ANALOGOUS SIMILAR TO THIS?

>> CITY SCHOOLS ARE DOING THEIR PORTION.

WHEN WE DISCUSS THE FOUNDRY THERE IS A PORTION BUILT BY THE SCHOOLS. THERE IS A PORTION THAT THE FOUNDRY IS WORKING ON AND THIS IS A PORTION OR THE TWO SECTIONS MEET SO THIS IS THE ENGINEER IN COMMON WITH MR. JOLLY'S PROPERTY AND THERE'S A SEPARATE ENGINEER FOR THE SCHOOL PIECE ALSO THE NORTH DONAHUE DRIVE ENGINEER. THIS IS THE PIECE HAVE TO CROSS AND DO OTHER WORK AND WE PURCHASE CREDITS EARLIER DOING

THIS AS WELL. >> AND THIS IS FOR THE DESIGN OF