[00:00:02] ALL RIGHT. WE'LL CALL TONIGHT OUR REGULAR AGENDA MEETING FOR OCTOBER THE 6TH. CALL TO ORDER. ROLL CALL LINDSAY. ADAMS. HERE. KOBLENZ. HERE. DAWSON. HERE. GRISWOLD. HERE. MORMAN. HERE. PARSONS. HERE. TAYLOR. HERE. BENTON. HERE. ANDERS. IF WE WOULD RISE FOR THE PLEDGE OF ALLEGIANCE IN A MOMENT OF SILENCE, PLEASE. PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. MAY BE SEATED. ALL RIGHT. TONIGHT WE HAVE OUR MAYOR AND COUNCIL [4. MAYOR AND COUNCIL COMMUNICATIONS.] COMMUNICATIONS. BEFORE WE HAD THE COMMITTEE OF THE WHOLE. THOSE ARE JUST NOW JOINING US. WE, THE MAYOR IS UNDER THE WEATHER, SO HE'S NOT HERE THIS EVENING. AND YOU ARE. IF YOU ARE LISTENING ON THE RADIO 98.7 OR WATCHING ONLINE, IT IS AT AUBURN, ALABAMA, AUBURN.GOV/WATCH, WHICH IS A LITTLE BIT DIFFERENT FROM BEFORE. ALL RIGHT. MAYOR AND COUNCIL COMMUNICATIONS, WE HAVE A VIDEO FOR OUR FIRST OF THE MONTH RECOGNITIONS. WE'RE PROUD TO INTRODUCE YOU TO OUR OCTOBER EMPLOYEE OF THE MONTH. AND I HAVE A MEMORANDUM HERE FROM ERIC CARSON, WATER RESOURCE MANAGEMENT DIRECTOR. IT IS MY HONOR TO NOMINATE CHRIS BERRY AS OCTOBER'S EMPLOYEE OF THE MONTH. CHRIS JOINED THE WATER RESOURCE MANAGEMENT DEPARTMENT IN JUNE 2020 AS UTILITY ENGINEER. CHRIS IS PRIMARILY IS THE PRIMARY REPRESENTATIVE FOR THE CITY'S DEVELOPMENT REVIEW TEAM PROCESS, AND HIS DUTIES INCLUDE PERFORMING AND COORDINATING UTILITY DEVELOPMENT REVIEWS. CHRIS HAS WORKED HARD OVER THE YEARS TO ESTABLISH A COLLABORATIVE RELATIONSHIP WITH THE LOCAL ENGINEERING AND DEVELOPMENT COMMUNITY, AND HE IS WELL RESPECTED BY THESE GROUPS AS WELL AS OTHER CITY DEPARTMENTS. HE IS AN OUTSTANDING COMMUNICATOR AND HE WORKS WELL WITH THESE GROUPS DURING PRELIMINARY PLANNING AND DESIGN PHASES OF PROJECTS, WHICH MINIMIZES COMMENTS AND DISRUPTIONS DURING THE PROJECT DESIGN AND CONSTRUCTION PROCESS. IN ADDITION TO HIS DEVELOPMENT REVIEW DUTIES, CHRIS IS ALSO RESPONSIBLE FOR MANAGING THE DEPARTMENT'S UTILITY ASSET MAPPING PROGRAM AND THE WATER RESOURCE MANAGEMENT DESIGN AND CONSTRUCTION MANUAL. THESE ARE CRITICAL TASKS THAT ARE, THAT ARE DETAIL ORIENTED AND OFTEN TAKEN FOR GRANTED. CHRIS HAS RECENTLY TAKEN ON THE RESPONSIBILITY OF BEING THE PROJECT MANAGER FOR SEVERAL CRITICAL PROJECTS, SUCH AS THE NORTHWEST LIFT STATION AND FOREST MAIN SANITARY SEWER MODEL AND COLLECTION SYSTEM MASTER PLAN PROJECTS. CHRIS PROMOTES TEAM UNITY BY WORKING WITH HIS COWORKERS AND OTHER CITY DEPARTMENTS TO ENSURE PROJECTS KEEP MOVING TOWARDS COMPLETION. HE IS VERY DRIVEN AND DOES NOT HESITATE TO TACKLE THE TOUGHEST OF TASKS. CHRIS SHOULD ALSO BE COMMENDED FOR RECENTLY PASSING BOTH HIS ALABAMA GRADE ONE WATER AND ONE C SEWER LICENSE EXAMS. CHRIS IS A TREMENDOUS ASSET TO THE CITY AND PROVIDES FRIENDLY AND PROFESSIONAL SERVICE WITH DISTINCTION. FOR THESE REASONS AND MANY OTHERS, I WOULD LIKE TO RECOGNIZE CHRIS BERRY AS THE OCTOBER EMPLOYEE OF THE MONTH. CONGRATULATIONS AND THANK YOU. WE APPRECIATE Y'ALL. ALL RIGHT. CONGRATULATIONS TO ALL OF OUR EMPLOYEES, ESPECIALLY CHRIS BERRY FOR EMPLOYEE OF THE MONTH AND OUR TWO RETIREES, DAVID BAKER AND BRANDY EZELL, FOR THEIR YEARS OF SERVICE AND IN THEIR RETIREMENT. AND SPEAKING OF THOSE CHANGING CHAPTERS IN THEIR LIVES. IT IS MY HONOR. AND I GUESS BECAUSE I GOT TO SIT BESIDE HIM FOR EIGHT YEARS TO RECOGNIZE COUNCILMAN GRISWOLD, [00:05:08] WHO IS ROLLING OFF. AND THIS IS HIS OFFICIAL LAST MEETING. AND I, I'M NOT GOING TO SAY A LOT BECAUSE I KNOW THERE'S SEVERAL ON THE DAIS WHO WOULD LIKE TO SAY SOME THINGS AND PROBABLY HAVE SOME MORE APPROPRIATE THINGS TO SAY THAN I DO SOMETIMES. SO, BUT WE DID START OUR TERMS BOTH TOGETHER ON THE BOARDS AND COMMISSION TASK FORCE IN WHICH WE, WE BOTH DID MAKE SOME RECOMMENDATIONS AND SEVERAL KEY CHANGES THAT HAVE BEEN ADOPTED. AND KELLY HAS BEEN A VOICE FOR THE RESIDENTS OF WARD TWO FOR EIGHT YEARS. AND I KNOW THAT YOU'VE DONE A COMMENDABLE AND GREAT JOB FOR NOT ONLY THE CITY OF AUBURN, BUT FOR WARD TWO RESIDENTS. KELLY WAS A GRADUATE OF THE CITIZENS PLANNING ACADEMY AND THE CITIZENS PUBLIC SAFETY ACADEMY, AND NOW HE GRADUATES FROM THE CITY COUNCIL. SO I'M GOING TO GO AHEAD AND PRESENT THIS TO YOU, KELLY. AND WE'RE NOT GOING TO BE TOO FORMAL ABOUT IT BECAUSE IT'S, I'M SURE, STRANGE FOR BOTH OF US, BUT THIS IS A NICE LITTLE PLAQUE. IT DOES NOT HAVE THE TREE OR A TRUCK ON IT. SO THANK YOU, KELLY, FOR EVERYTHING. THANK YOU VERY MUCH. I APPRECIATE THAT. THANK YOU. HERE'S A FANCY LITTLE BOX THAT WAS WE DID NOT HAVE TO APPROVE THAT. SO THANK YOU. THANK YOU ALL. I'M SURE THERE'S A FEW OF US THAT WOULD LIKE TO SAY SOME THINGS. LET'S SAY BOB, TILL LAST. OKAY. ALL RIGHT. IF I MAY GO AHEAD. THE FORMAL RECOGNITION WILL BE LATER TONIGHT AT LITTLE ITALY, BUT I WANTED TO. I WANTED TO PUBLICLY THANK. COUNCILMAN GRISWOLD FOR A JOB WELL DONE. HE LENT ME HIS EXPERTISE SEVERAL TIMES OVER THE LAST FOUR YEARS, AND HE HELPED ME GET UP TO SPEED AND HELPED ME GET MY FEET WET. EVEN THOUGH WE HAVE A LITTLE BIT OF INTERSERVICE RIVALRY, I THOUGHT WE WORKED WELL TOGETHER. I AM BEHOLDEN TO HIM AND I WISH HIM THE VERY BEST IN HIS RETIREMENT. AS HE SITS IN HIS ROCKING CHAIR ON THE FRONT PORCH OF HIS NORTH AUBURN MANSION AND WATCHES THE TRAFFIC GO BY. YOU CAN'T SEE NOTHING. GO, AIR FORCE. ALL RIGHT. GO, ARMY. ALL RIGHT. OKAY. I WANT TO BE THE NEXT. THE FIRST SINCE I'M WARD ONE. AND WE ARE. ME AND KELLY HAS SIT ON THIS COUNCIL FOR THE LAST EIGHT YEARS, AND HE IS TRULY GOING TO BE ME. I'M GOING TO MISS HIM. QUESTIONING THIS MONEY THING AND THE VEHICLES AND ALL THAT OTHER GOOD STUFF THAT HE, HE LOVED TO QUESTION. IT HAS BEEN A PLEASURE WORKING WITH YOU. IT HAS BEEN A PLEASURE PRETTY MUCH BEING YOUR NEIGHBOR SITTING ON THE COUNCIL AND PRETTY MUCH IN THE NEIGHBORHOOD. AND THANK YOU FOR ALL THE SUPPORT THAT YOU HAVE GIVEN TO WARD ONE, AS WELL AS OTHER COMMUNITIES, OTHER WARDS THROUGHOUT THE CITY. AND SO YOU'RE GOING TO BE TRULY MISSED. WELL, I KNOW I'M GOING TO MISS YOU AND I'M GOING TO REALLY MISS YOU BRINGING ME A SPRITE EVERY MEETING. SO YOU STARTED TRAINING THE NEW LADY. SO IF SHE'S OUT THERE. KELLY SMITH SPRITE EVERY MEET, HE BRINGS ME A SPRITE AND SOME ICE. EVERY MEETING I SEE KIRSTIN BACK THERE. YEAH. SO THANK YOU. ALRIGHT, WELL, THANK YOU VERY MUCH. I'M GOING TO TAKE A TRY AT THIS AS WELL. I'M GOING TO CERTAINLY MISS YOU KELLY. ONE OF THE, THE, MY MOST PLEASURABLE ASPECTS OF MUNICIPAL GOVERNMENT IS THE FACT THAT WE SIT HERE IN A NONPARTIZAN BODY, AND WE DELIBERATE ABOUT MATTERS THAT ARE PERSONAL TO US AND TO OUR NEIGHBORS. AND AND WE DO THAT WITHOUT THE INTERFERENCE OF LARGER POLITICS. AND ONE THING ABOUT KELLY AND I, OVER THESE EIGHT YEARS, WE WE ARRIVED AT THE SAME TIME TO COUNCIL WITH SIMILAR KIND OF CONCERNS OF REPRESENTATION, REPRESENTATION OF LONG TERM RESIDENTS. AND WE IMMEDIATELY STRUCK A FRIENDSHIP WHEN WE WERE ON THAT SIDE OF THE DAIS TALKING REGULARLY AT COUNCIL. AND THAT FRIENDSHIP CONTINUED TO OUR OUR STANDING MEETING AT LITTLE ITALY, WHICH WILL BE HAPPENING TONIGHT. AND, AND, AND, AND ONGOING NIGHTS. I'M SURE THAT WE SIT TOGETHER, WE FIND COMMON GROUND. WE. WE MAY WELL BE WILDLY WORLDS APART ON A LOT OF PARTICULAR, LARGER ISSUES, BUT WE HAVE FOUND A GREAT FRIENDSHIP TOGETHER. I WILL MISS YOU. I WILL MISS THE, THE THE DETAIL ORIENTED APPROACH THAT YOU BRING TO COUNCIL AND THE [00:10:06] CURMUDGEON, CURMUDGEONLY, CURMUDGEONLY NESS OF YOU, WHICH HAS BEEN FANTASTIC AND YOU KNOW, NECESSARY ON A, ON A, ON A BOARD WHERE THERE ARE A VARIETY OF PEOPLE AND YOU FILLED A PARTICULARLY IMPORTANT AND VALUABLE ROLE. AND I'M VERY GRATEFUL TO HAVE THAT EXPERIENCE WITH YOU. THANK YOU. WELL SAID. BOB, THERE'S NOT A WHOLE LOT I CAN ADD, BUT KELLY'S BEEN A GREAT SERVING WITH YOU LAST FOUR YEARS. I THINK YOU'VE DONE A GREAT JOB. REPRESENTING YOUR WARD. I COMMEND YOU ON A GREAT JOB. WELL DONE AND THANK YOU. IT'S BEEN A PLEASURE SERVING WITH YOU. YES, SIR. COLONEL, I'VE ENJOYED WORKING WITH YOU. I DIDN'T AGREE WITH MUCH YOU JUST SAID OR DID. BUT I RESPECT YOU. I RESPECTED THE WAY YOU DID IT. YOU HAD A LOT OF PASSION FOR YOUR WARD, AND YOU SERVED YOUR WARD WELL. AND I'M PROUD THAT I GOT TO KNOW YOU A LITTLE BETTER THAN I DID. I THOUGHT WE WERE GOING TO HAVE A FISTFIGHT IN THE FIRST COUPLE OF MEETINGS, BUT NOW YOU'RE A GOOD MAN, AND I RESPECT YOUR BELIEFS AND YOUR HARD WORK THAT YOU PUT INTO THIS. IT SHOWS YOU CARE ABOUT THE CITY. AND WE'RE GOING TO WHAT I THOUGHT WE'D DO FOR EVERY NEW CITY VEHICLE WE BUY FROM HERE ON OUT, BRING IT BY YOUR HOUSE AND LET YOU WATCH IT FROM THE BOARD. AND I WANT THAT LUMBER, THAT LOGGING LOGO ON THE SIDE TO. YEAH, LANDSCAPING COMPANY. DON'T PUT SOME SIGNS UP IN YOUR YARD WITH A LOGO ON IT. BUT THANK YOU FOR WHAT YOU'VE DONE FOR THE CITY OF AUBURN THE LAST FEW YEARS. THANKS, CHIEF. APPRECIATE IT. I'M GOING TO KEEP IT SHORT AND SWEET. KELLY YOU IT'S IT'S BEEN A PLEASURE SERVING WITH YOU. AND I DON'T BELIEVE THAT THERE'S BEEN A MORE ZEALOUS ADVOCATE FOR THEIR CONSTITUENTS THAN YOU, AND I KNOW THAT THEY APPRECIATE THAT. THANK YOU. YOU WANT TO SAY ANYTHING? WE GOT A LOT OF BUSINESS TO DO TONIGHT. I MAY SAY SOMETHING AFTERWARDS, BUT I GOT A WHOLE NOTEBOOK FOR YELLOW STICKIES RIGHT HERE. VERY GOOD. OKAY. ALL RIGHT. SO WE WILL WE WILL MOVE ON THEN TO ANNOUNCEMENTS. I DO HAVE A FEW ANNOUNCEMENTS. THE ALPHA DELTA KAPPA RECEIVED A PROCLAMATION THIS WEEK FOR DESIGNATING OCTOBER AS ALPHA DELTA KAPPA MONTH. THEY ARE A GROUP OF EDUCATORS WORKING TOWARD GOOD IN OUR COMMUNITY. SO CONGRATULATIONS TO THEM AND THEIR EFFORTS. ALSO THIS WEEK REGAL REXNORD IS CELEBRATING 50 YEARS IN THIS AREA SERVICING MAKING COMPONENTS FOR AEROSPACE AND OTHER INDUSTRIES. SO CONGRATULATIONS TO REGAL REXNORD. AND THEN ALSO THIS WEEKEND IS HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY ON SATURDAY, OCTOBER THE 10TH AT THE ENVIRONMENTAL SERVICES COMPLEX OFF OF WIRE ROAD. AND I DO THINK THAT THEY WERE ENCOURAGE YOU TO REGISTER FOR THAT AND THAT. OH, AND ALSO THE MAYOR'S STATE OF THE CITY WILL BE OCTOBER THE 28TH AT THE PERFORMING ARTS CENTER. ARE THERE ANY OTHER ANNOUNCEMENTS THIS EVENING? YES. I JUST HAVE ONE ANNOUNCEMENT ON SUNDAY. THIS SUNDAY COMING UP, OCTOBER THE 11TH AT THE BOYKIN IN THE BOYKIN PARKING LOT, THERE WILL BE A TRUNK OR TREAT. OUR MY YOUTH ORGANIZATION IS SPONSORING AND I WOULD LIKE FOR PEOPLE TO BRING THEIR KIDS OUT. BRING YOURSELF OUT TO GET. GO FROM TRUNK TO TRUNK AND GET PLENTY OF TREATS FOR FOR CHILDREN AND FOR ADULTS. SO THAT'S AT BOYKIN LOT AT 3 P.M. ON SUNDAY. THANK YOU. ALL RIGHT. AT THIS TIME, WE HAVE AUBURN UNIVERSITY COMMUNICATIONS. I'M SORRY, DID YOU HAVE SOMETHING? I'M SORRY. WELL, YOU KNOW I'LL TRY NOT TO STEP ON AUBURN UNIVERSITY'S COMMUNICATIONS BECAUSE THIS HAS A LITTLE BIT TO DO WITH THEM, BUT LET ME BREAK THE ICE. I'LL START OUT BY SAYING. HEY. HI. HEY. WE HAVE YOU KNOW, AUBURN IS A VERY FRIENDLY CITY. THE UNIVERSITY IS VERY FRIENDLY TOWN. IN FACT, WE HAVE INSTITUTIONALIZED AND FORMALIZED THAT WITH A SPECIFIC DAY TO SAY, HEY. AND THAT DAY IS THE 14TH DAY OF OCTOBER. COMING UP NEXT WEEK. WELL, THIS. YES, NEXT WEEK. NEXT WEDNESDAY. I BELIEVE THAT IS STARTED IN 1947 WITH THE WELCOMING BACK OF THE GIS. SO IT WAS A REALLY BIG DEAL. AND WE HAVE PLANNED EVENTS AND I'LL I'LL LET THE AUBURN UNIVERSITY BRIEFER ELABORATE ON THAT. AND IF I HAD TOLD YOU IN TIME, YOU COULD HAVE GOTTEN YOUR OWN SHIRT. SO THIS IS WHAT YOU WOULD HAVE ORDERED. AND YOU WALK AROUND LIKE THIS, AND IT MAKES IT A LITTLE EASIER TO TURN TO SOMEBODY AND SAY, HEY, BECAUSE THEY MIGHT THINK YOU'RE KIND OF KOOKY OTHERWISE. BUT OUR KIDS NOW ARE PLUGGED IN AND PLUGGED UP AND TALKING ON THEIR PHONES AND YOU KNOW, IT'S, IT'S KIND OF HARD TO GET THEIR ATTENTION, BUT DO TRY, DO SAY, HEY, SAY HEY TO YOUR NEIGHBOR DOWNTOWN. KEEP THIS TRADITION ALIVE. IT'S AN IMPORTANT TRADITION. [00:15:03] AND THERE ARE ALSO EVENTS THAT I HOPE WILL BE COVERED, BUT THE EVENTS FOR THE OLD PEOPLE LIKE ME WILL BE AT THE HEYDAY MARKET, AND THEY WILL BE AT 6:00 ON THE 14TH. AND THEN I THINK THERE'S SOME SEPARATE EVENTS FOR THE STUDENTS, WHICH I'M NOT REALLY FULLY BRIEFED ON, BUT WE'LL HAVE A PEP RALLY AND, AND FOOD AND YOU GET TO KNOW PEOPLE. SO SAY, HEY, THIS THIS WEEK AND EVERY DAY, BUT ESPECIALLY THAT DAY. THANK YOU. YOU'RE WELCOME. ANYONE ELSE? ALL RIGHT. [5. AUBURN UNIVERSITY COMMUNICATIONS.] NOW WE'LL HAVE AUBURN UNIVERSITY COMMUNICATIONS. THANK YOU. SONNY. HEY, HEY. HEY, Y'ALL. GOOD EVENING, CITY COUNCIL. MY NAME IS ANDREW FAIRCLOTH AND I SERVE AS AUBURN SGA'S DIRECTOR OF CITY RELATIONS. AND HE KIND OF STOLE MY THUNDER. BUT NEXT WEDNESDAY IS, HEY DAY, WE'LL BE OUT IN THE CONCOURSE FOR STUDENTS. I ACTUALLY HAVE TO RUN OFF AT 7:00 TO GO GET BRIEFED ON MY HEY DAY RESPONSIBILITY. SO BUT YEAH, IT'S A FAMOUS TRADITION WE'VE HAD FOR QUITE A WHILE NOW. SO I ENCOURAGE YOU ALL NEXT WEDNESDAY, SAY, HEY, WE'LL BE DISTRIBUTING NAME TAGS TO ALL OF AUBURN UNIVERSITY'S CAMPUS. BUT YEAH, JUST SAY, HEY, Y'ALL. BUT JUST TO HIGHLIGHT A COUPLE MORE GREAT THINGS WE HAVE GOING ACROSS OUR CAMPUS. AUBURN UNIVERSITY DREAM MAKERS CELEBRATED CHILD HEALTH DAY YESTERDAY. BASICALLY YESTERDAY, THEY HOPED TO RAISE FUNDS AND PROMOTE THE PHYSICAL, MENTAL AND EMOTIONAL LIVELIHOODS OF CHILDREN ACROSS THE UNITED STATES. THE EVENT WAS HELD ON THE CAMPUS GREEN AND INCLUDED MANY GAMES AND ATTRACTIONS AVAILABLE TO STUDENTS AND THE AUBURN UNIVERSITY COMMUNITY AS A WHOLE. AND IN JUST A SINGLE DAY EVENT, IT RAISED OVER $15,245 THAT WILL BE DONATED TO EAST ALABAMA HEALTH, SUPPORTING ITS PEDIATRIC AND NICU UNITS. ALSO, FIRST YEAR EXPERIENCE CLOSED ITS APPLICATIONS TODAY AT NOON AND WILL BEGIN TO HOLD INTERVIEWS WHEN WE RETURN FROM FALL BREAK. ALL SGA'S FRESHMAN FORUM CLASS WAS SELECTED WITH 58 NEW MEMBERS TO REPRESENT THE CLASS OF 2032. BOARD MAYOR ANDREWS ISN'T HERE, BUT PHI GAMMA DELTA'S PC20 FOR BROTHER JAKE ADAMS, SPENT HIS MONDAY NIGHT RUNNING A MARATHON AND LIVE STREAMING TO HIS PERSONAL INSTAGRAM ACCOUNT TO RAISE FUNDS FOR SUICIDE AWARENESS. BEGINNING AROUND 8 P.M. ON MONDAY EVENING, BROTHER ADAMS PERIODICALLY WAS JOINED BY HIS BROTHERS AT FIJI TO RUN 2626.2 MILES WITHOUT ANY PRIOR LONG DISTANCE RUNNING AND RAISED OVER $4,800 IN SIX HOURS. ALSO, AS YOU ALL KNOW, FALL BREAK WILL BEGIN THIS THURSDAY, OCTOBER 8TH, BUT MANY STUDENTS WILL REMAIN ON CAMPUS AS ZACH BRYAN COMES TO TOWN AND WILL HOLD HIS CONCERT IN JORDAN-HARE STADIUM ON OCTOBER 10TH. AND IN TERMS OF IN TERMS OF ATHLETICS, WOMEN'S SOCCER TOOK DOWN THE NUMBER 13 TENNESSEE LADY VOLS ONE TO NOTHING. MISS HOMECOMING 2026 WAS ALSO ANNOUNCED IN OUR HOMECOMING GAME AGAINST VANDERBILT WITH MIMI LUNSFORD, A JUNIOR MAJORING IN BIOMEDICAL SCIENCE FROM CULLMAN, ALABAMA WAS CROWNED. BUT THAT'S ALL FOR ME TONIGHT, Y'ALL. THANK YOU ALL. WAR EAGLE. WHERE ARE YOU GOING? ALL RIGHT, NEXT, WE HAVE CITIZENS COMMUNICATIONS ON AGENDA ITEMS. [6. CITIZENS’ COMMUNICATIONS ON AGENDA ITEMS. (Part 1 of 2)] THESE ARE THOSE WHO ARE INTERESTED IN SPEAKING ON AN ITEM ON THE AGENDA. I DO KNOW THAT THERE IS ONLY ONE ORDINANCE WITH THE PUBLIC HEARING ATTACHED. AND THEN ALSO I BELIEVE THAT THERE IS 1 OR 2 ITEMS ON THE CONSENT AGENDA THAT MAY BE PULLED OFF. AND SO IF YOU'RE INTERESTED IN SPEAKING ON ONE OF THOSE ITEMS, NOW WOULD BE THE TIME. I ASK THAT YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. PLEASE USE A CIVIL AND RESPECTFUL TONE. AND IF YOU HAVE QUESTIONS, THE COUNCIL WILL DO OUR BEST TO ADDRESS THEM. AND PLEASE NOTE SOME QUESTIONS MAY NEED TO BE ADDRESSED AT A LATER DATE. YOU HAVE FIVE MINUTES AND PLEASE KEEP ALL COMMENTS DIRECTED TO THE COUNCIL AND PERTINENT TO THE ITEM YOU ARE ADDRESSING. SO IS THERE ANYONE WHO WOULD LIKE TO SPEAK ON AN ITEM ON THE AGENDA ITEM D ONE? OKAY, WE WILL GET TO THAT IN JUST ONE SECOND. YES. THIS WOULD BE A TIME IF YOU WOULD LIKE TO SPEAK ABOUT ANY ITEM THAT IS ON THE AGENDA. NOW WOULD BE THE TIME TO PAY ATTENTION. HEY. HI. MY NAME IS JOSH POOLE AND I LIVE AT 334 HICKORY WOODS DRIVE. BASICALLY, I'M HERE WITH MY NEIGHBORHOOD TONIGHT, AND MANY OF THEM WON'T BE SPEAKING, BUT I'D LIKE FOR THEM TO AT LEAST STAND UP TO SHOW THE SUPPORT WE DO HAVE FROM OUR FROM OUR NEIGHBORS HERE IN HICKORY WOODS. THANK YOU. EXCELLENT. SO I WOULD LIKE TO VOICE MY SUPPORT FOR ITEM D SIX UNDER THE CONTRACTS AND AGREEMENTS FOR THE STERLING AUBURN COTTAGES DEVELOPMENT AGREEMENT. I THINK THIS IS NEEDED AND I THINK IT'S IMPORTANT FOR THE CITY TO HAVE SOME LEVERAGE AND BE ABLE TO HOLD DEVELOPERS ACCOUNTABLE. [00:20:06] I KNOW THAT THE PLANNING COMMISSION IS KIND OF HAMSTRUNG ON SOME OF THE CHOICES THAT THEY MAKE AND ARE ABLE TO APPROVE OR NOT APPROVE. SO I AM GRATEFUL THAT THE CITY IS TAKING INTEREST IN AT LEAST AN OPPORTUNITY TO ADDRESS THESE THINGS. IN ADDITION TO THE THREE ITEMS ON THAT, WHICH I WON'T GO INTO THOSE. WE'VE ALSO BEEN IN COMMUNICATIONS WITH OUR COUNCILMAN AND THE DEVELOPERS DIRECTLY ABOUT SPECIFICALLY INCREASING THE VEGETATIVE BUFFER ON THE WESTERN SIDE OF THEIR PROPERTY. SO WE'RE HOPEFUL THAT THAT BECOMES MORE FORMAL. AND I'D REALLY STRONGLY URGE THE CITY TO BE PROACTIVE INSTEAD OF REACTIVE ON THE IMPROVEMENTS TO HICKORY WOODS DRIVE. WE KNOW THAT THIS IS GOING TO BE THE PRESSURE VALVE RELEASE FOR EAST UNIVERSITY AND GLENN, ESPECIALLY ON FRIDAY NIGHTS WHEN THOSE FOOTBALL GAMES ARE GOING OFF. SO PEOPLE ARE GOING TO BYPASS THAT INTERSECTION BY COMING DOWN KENT AND ALONG HICKORY WOODS DRIVE TO ACT TO CUT OUT THAT CORNER, AND ESPECIALLY WITH CLOSE TO 140 UNITS AND WHO KNOWS HOW MANY, I SUPPOSE. MULTIPLE BEDROOMS EACH. SO SEVERAL FOLD TRAFFIC INCREASE ON OUR LITTLE ROAD THAT HAS NO STRIPES. I WOULD JUST LIKE THE CITY TO THINK ABOUT THOSE THINGS. I KNOW THERE'S GOING TO BE IMPROVEMENTS PLANNED FOR KENT, BUT THAT TRAFFIC'S ALSO GOING TO DUMP OUT ONTO HICKORY WOODS AND GLENN AND ALSO OUR QUIET STREET. SO I WOULD JUST LIKE THE CITY TO BE THOUGHTFUL AND PROACTIVE ON THINGS LIKE THIS. AND I THINK THAT'S, THAT'S PRETTY MUCH IT. SO THANK YOU. THANK YOU, MR. POOLE. THANK YOU. ALL RIGHT. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON AN ITEM THAT IS ON THE AGENDA? ALL RIGHT. SEEING NONE, I WILL CLOSE CITIZENS COMMUNICATIONS ON AGENDA ITEMS. NOW WE HAVE CITY MANAGER'S COMMUNICATIONS. MISS CROUCH, RIGHT UNDER CITY MANAGER'S COMMUNICATIONS. [7. CITY MANAGER’S COMMUNICATIONS. (Part 1 of 2)] THIS EVENING, WE HAVE THE ANNOUNCEMENT OF TWO VACANCIES ON THE BUILDING BOARD OF ADJUSTMENTS FOR TERMS THAT BEGIN NOVEMBER 3RD AND IN NOVEMBER 2ND, 2030. THE APPOINTMENTS WILL BE MADE AT THE NOVEMBER 3RD MEETING. WE MISSED SOMEBODY THAT WANTED TO SPEAK IN THAT, OKAY, THAT YOU HAVE TO REOPEN IT, YOU WOULD NEED TO REOPEN IT. MAYOR PRO TEM YEAH, I WILL REOPEN IT. I WILL ASK, THOUGH, THAT IF YOU DO PLAN TO SPEAK EITHER NOW OR AT THE END OF THE MEETING THAT YOU MOVE TO SO THAT WE CAN UNDERSTAND THAT YOU ARE WANTING TO SPEAK. SO I'LL REOPEN CITIZENS COMMUNICATIONS ON AGENDA ITEMS. [6. CITIZENS’ COMMUNICATIONS ON AGENDA ITEMS. (Part 2 of 2)] MY NAME IS NAN CUNNINGHAM. I LIVE AT 346 HICKORY WOODS DRIVE. I'M 78 YEARS OLD. I'M PHYSICALLY HANDICAPPED AND DEAF AS A ROCK. IF I SAY SOMETHING YOU DO NOT LIKE AND BEGIN SCREAMING AT ME, AS I SAW ON THE VIDEO OF THE LATEST CITY COUNCIL MEETING. I CAN'T HEAR YOU AND IT WILL BE WASTED ENERGY ON YOUR PART, BUT THE PEOPLE THAT VIEW THIS WILL BE ABLE TO SEE IT. SO PLEASE TREAT ME WITH THE RESPECT THAT I'M GOING TO TREAT YOU WITH. I'M OPPOSED TO THE APPROVAL OF THE CONTRACT BETWEEN TDC CONSTRUCTION, THE DEVELOPER, AND THE CITY OF AUBURN CONCERNING THE STERLING COTTAGES. I ASSUME THIS AGREEMENT WAS VERBALLY, VERBALLY CONFIRMED BY BOTH PARTIES BEFORE IT GOT TO THIS POINT. I TRIED TO CALL AND FIND OUT ABOUT THAT, BUT I NEVER WAS ABLE TO GET CONFIRMATION. BUT ANYWAY, WHEN IT IS, IT WILL BE ENACTED HERE, I ASSUME BY AN APPROVAL VOTE IF THAT IS THE CASE. ONE OF THE ISSUES HERE IS NO CONSTRUCTION TRAFFIC ON HICKORY WOODS DRIVE. I HAVE BEEN TOLD SINCE THE BEGINNING OF OUR CONVERSATION WITH THESE PEOPLE IS THAT THE THE DEVELOPER AGREED TO THAT. A COUPLE OF DAYS AGO, I WAS COOKING BREAKFAST AT MY HOUSE AND MY NEIGHBOR CALLED AND SAID, THERE'S THE BIGGEST TRUCK YOU'VE EVER SEEN IN YOUR WHOLE LIFE IN FRONT OF YOUR HOUSE. NOT ONLY WAS THE BIGGEST TRUCK I'VE EVER SEEN, IT HAD THE BIGGEST TRAILER I'VE EVER SEEN. IT WAS FULL OF HUGE PIPES, METAL PIPES. AND I WALKED OUT THERE BECAUSE I'M A NOSY OLD LADY. AND I SAID, EXCUSE ME, WHAT ARE YOU DOING OUT HERE? AND THE GUY WAS VERY NICE, THE TRUCK DRIVER. AND HE SAID, WELL, I CALLED YESTERDAY TO THE DEVELOPER TO ASK WHERE THIS WAS TO BE DELIVERED. AND HE GAVE ME YOUR ADDRESS. AND I SAID, WELL, YOU'RE NOT SUPPOSED TO COME. AND HE SAID, WELL, I'M VERY SORRY. WELL, THE TRUCK WAS SO ENORMOUS, I CAN'T TELL YOU HOW BIG IT WAS. [00:25:03] WE DO HAVE PHOTOGRAPHS, BUT I DON'T HAVE ANY WAY TO PUT THEM UP. THAT HE COULDN'T TURN AROUND. HE HAD TO BACK DOWN AT THIS POINT. MY BACON AND EGGS ARE BURNING UP, AND I HAVE TO RUN IN THE HOUSE TO TURN OFF THE STOVE. BUT THERE WAS NO WAY FOR HIM TO GO ON TO BUTTERNUT, WHICH CUTS LIKE THIS BECAUSE PEOPLE PARK ON BOTH SIDES OF THE ROAD. HE CAN BARELY GET A CAR DOWN THERE. CERTAINLY COULDN'T HAVE GOTTEN THIS TRUCK, SO HE HAD TO BACK. I ASSUME HE HAD TO BACK ALL THE WAY OUT BECAUSE IT WAS I MEAN, WE'RE TALKING ABOUT THE KIND OF TRUCK YOU SEE AND TRAILER YOU SEE ON THE INTERSTATE WITH THE LITTLE BLINKING LIGHTS ON THE CAR. IT'S A BIG, BIG PUPPY. ANYWAY, THE PROBLEM WITH THIS IS ONE OF THE MAJOR ISSUES THAT WE HAVE IS THE ISSUE OF SAFETY. I'M OBVIOUSLY HANDICAPPED, AND THERE ARE SEVERAL OTHER HANDICAPPED INDIVIDUALS IN OUR NEIGHBORHOOD. I CAN'T JUMP OUT OF THE WAY. IF THERE'S A GIANT TRUCK BACKING UP DOWN, I THINK WE WOULD STRIVE. YOU KNOW, I CAN'T DO IT. AND THAT'S AN ISSUE. THERE ARE PEOPLE WALKING, PUSHING BABY CARRIAGES. THEY'RE WALKING THEIR DOGS. SENIOR CITIZENS ARE EXERCISING. PEOPLE HAVE THEIR LITTLE CHILDREN OUT PLAYING. BUT THE MAIN THING OF REALLY CRITICAL IMPORTANCE IS THAT WHEN THE BUSSES, THE SCHOOL BUSSES COME THROUGH THERE, YOU'VE GOT ALL THESE KIDS AND YOU CAN SAY, DON'T GET OFF THE STREET, WHATEVER. IT'S HARD TO TELL A CHILD, DON'T RUN TO THE SCHOOL BUS WHEN YOU'RE LATE AND YOU'RE GOING TO MISS THE BUS. OKAY, THIS GUY IS BACKING DOWN HICKORY WOODS DRIVE AND ALL THIS STUFF IS GOING ON. HE'S DOING A GOOD JOB, I GUESS, AS HE COULD, AND HE COULDN'T SEE. BUT THIS, THIS IS A PROBLEM. AND THE CITY NEEDS TO SERIOUSLY CONSIDER ADDRESSING THE SAFETY ISSUES THAT SOME OF THIS CAUSES. THE DEVELOPER AGREED TO NOT LET CONSTRUCTION COME DOWN OUR STREET, BUT THE DIRECT. THE WHATEVER YOU CALL THEM. GAVE THE TRUCK DRIVER MY ADDRESS. SO HE DIRECTED THE TRUCK DOWN THERE. IF THEY VIOLATED THIS PART OF THE AGREEMENT TO BEGIN WITH, THEN I THINK THAT MORE OR LESS SHOULD MAKE THIS WHOLE CONTRACT INVALID. I DON'T KNOW. I'M NOT A LAWYER, BUT I AM VERY CONCERNED ABOUT THE SAFETY ISSUES WITH THINGS LIKE THAT. AND WITH ALL THE ISSUES, MOST OF THE PEOPLE HAVE BEEN VERY POLITE AND THOUGHTFUL OF THAT KIND OF STUFF. BUT IT DOESN'T TAKE BUT ONE BIG MISTAKE. THANK YOU, MRS. CUNNINGHAM. HORROR SHOW. THANK YOU. CONSIDER IT. PLEASE. YES, MA'AM. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK AT THIS POINT IN TIME? ALL RIGHT. OKAY. WE HAVE ANOTHER ONE. HI. HELLO. MY NAME IS ANDREW LYNCH. I'M AN ASSISTANT PROFESSOR AT AUBURN UNIVERSITY, AND I LIVE IN THE HICKORY HICKORY WOODS NEIGHBORHOOD AT 315 BUTTERNUT DRIVE. AND I JUST WANTED TO EXPRESS MY CONCERN AND DISPLEASURE WITH THIS DEVELOPMENT IN GENERAL. I KNOW THERE IS A PARTICULAR AGENDA ITEM TONIGHT ABOUT A PARTICULAR AGREEMENT THAT MIGHT MITIGATE SOME OF THE PARTICULAR FACTORS RELATED TO THIS DEVELOPMENT, BUT I JUST WANTED TO TAKE THIS OPPORTUNITY TO REGISTER MY CONCERN. AND MANY OF MY NEIGHBORS ARE HERE TONIGHT WITH ME. WE ALL SHARE THIS CONCERN. WE'VE BEEN MEETING INFORMALLY AS A NEIGHBORHOOD ON THE STREET OF OUR NEIGHBORHOOD TO DISCUSS THIS ISSUE. I JUST WANT YOU TO KNOW WE'RE VERY CONCERNED ABOUT THIS. WE'RE NOT HAPPY ABOUT THE WAY THIS DEVELOPMENT HAS GONE FORWARD. MANY ISSUES, AS I'M SURE YOU'RE AWARE. THIS IS A HUGE NUMBER OF UNITS. THE MOST LIKELY OUTCOME HERE, FROM MY PERSPECTIVE, LIVING IN THE NEIGHBORHOOD, IS THAT THESE 133 UNITS WILL DIRECT THEIR TRAFFIC THROUGH OUR RESIDENTIAL NEIGHBORHOOD, THROUGH OUR RESIDENTIAL STREET, WHICH IS NOT IN ANY WAY PREPARED FOR THIS. I'M JUST CONCERNED ABOUT THAT, AND I HOPE THAT THERE'S MORE THAT THE CITY COULD DO TO ADDRESS OUR NEIGHBORHOODS. REAL CONCERNS HERE. THANK YOU. THANK YOU. THANK YOU. ANYONE ELSE FOR THIS POINT IN TIME? ALL RIGHT. SEEING NONE, I WILL CLOSE CITIZENS COMMUNICATIONS ON AGENDA ITEMS. CITY MANAGER CROUCH. I'M GOING TO CONTINUE ON WITH CITY MANAGER'S COMMUNICATIONS. [7. CITY MANAGER’S COMMUNICATIONS. (Part 2 of 2)] THERE ARE THREE VACANCIES ON THE TREE COMMISSION FOR TERMS THAT BEGIN NOVEMBER 8TH AND IN NOVEMBER 7TH, 2029. THE APPOINTMENTS WILL BE MADE AT THE NOVEMBER 3RD MEETING, AND THERE IS ONE VACANCY ON THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM THAT BEGINS DECEMBER 1ST AND ENDS NOVEMBER 30TH, 2030. THAT APPOINTMENT WILL ALSO BE MADE AT THE NOVEMBER 3RD MEETING. [00:30:05] OUR FIRST ITEM OF BUSINESS IS THE CONSENT AGENDA. [8. CONSIDERATION OF CONSENT AGENDA.] DOES ANY COUNCIL MEMBER WISH TO REMOVE AN ITEM FROM THE CONSENT AGENDA AND DEAL WITH THAT ITEM INDIVIDUALLY? EIGHT D SIX. EIGHT D AS IN DELTA. SIX EIGHT D ONE. EIGHT DELTA ONE. KELLY. EIGHT. BRAVO TWO AND THREE. OKAY EIGHT BRAVO TWO AND THREE. ANYONE ELSE EIGHT. DELTA TWO. OKAY. YES, SIR. YES, MA'AM. EIGHT. DELTA FOUR. AND EIGHT. ECHO SIX. ALL RIGHT. ANY ANY ADDITIONAL ITEMS TO BE REMOVED? ALL RIGHT. WE WILL START WITH EIGHT BRAVO TWO. ITEM EIGHT B TWO IS A REQUEST FROM AUC, LLC DOING BUSINESS AS AUBURN UNIVERSITY CLUB FOR THE [8.b.2.AUC, LLC d/b/a Auburn University Club. 160 – Special Retail – More Than 30 Days. 1502 Club Creek Drive. ] TRANSFER OF SPECIAL RETAIL. MORE THAN 30 DAYS ALCOHOL BEVERAGE LICENSE FOR 1502 CLUB CREEK DRIVE, WHICH IS THE AUBURN UNIVERSITY CLUB POOL. MOVE FOR APPROVAL. SECOND. I HAVE A MOTION AND A SECOND. IS THERE ANY DISCUSSION? KELLY. I JUST NEEDED TO ABSTAIN. PLEASE, FROM TWO AND THREE. I'M A MEMBER OF THAT CLUB. THANK YOU. ANY FURTHER DISCUSSION? SEEING NONE, WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? MOTION CARRIES. ALL RIGHT. ITEM EIGHT. [8.b.3. AUC, LLC d/b/a Auburn University Club. 160 – Special Retail – More Than 30 Days. 1650 Yarbrough Farms Boulevard.] B THREE IS A REQUEST FROM AUC, LLC DOING BUSINESS AS AUBURN UNIVERSITY CLUB FOR THE TRANSFER OF A SPECIAL RETAIL. MORE THAN 30 DAYS ALCOHOL BEVERAGE LICENSE FOR 11650. YARBROUGH FARMS BOULEVARD, WHICH IS THE AUBURN UNIVERSITY CLUB CLUBHOUSE FOR APPROVAL. SECOND. SECOND. HAVE A MOTION, A SECOND. ANY DISCUSSION? ABSTAIN, PLEASE. ALL RIGHT, I HAVE A MOTION A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? WE HAVE ONE ABSTENTION. ALL RIGHT. MOTION CARRIES. ITEM EIGHT D ONE AUTHORIZES THE EXECUTION OF TENANT LEASE AGREEMENTS FOR FISCAL YEAR 2027 FOR THE BOYKIN COMMUNITY CENTER. [8.d.1.Boykin Community Center. Tenant Lease Agreements.] TENANTS. AUBURN DAYCARE CENTERS BOYS AND GIRLS CLUB OF EAST ALABAMA, JOYLAND, JOYLAND CHILD DEVELOPMENT CENTER, AND LEE RUSSELL COUNCIL OF GOVERNMENTS SENIOR CENTER. MOVE FOR APPROVAL. SECOND. I HAVE A MOTION. SECOND. ANY CONVERSATION? DISCUSSION? YES. I THINK MEGAN JUST ANSWERED THE QUESTION. I JUST WANTED YOU TO LET THE PUBLIC KNOW WHO LEASES SPACE IN THE IN THOSE AREAS AT BOYKIN. SO THAT WAS MAINLY WHAT I WANTED TO MAKE SURE THAT EVERYBODY KNOW THAT THAT THOSE PARTICULAR ENTITIES HAVE LEASE AGREEMENTS THERE. AND MAYBE, MAYBE HIGHLIGHT A LITTLE BIT ABOUT THE LEASE AGREEMENT, ABOUT THE LEASE AGREEMENTS. WHAT WOULD YOU LIKE TO KNOW? COUNCILWOMAN TAYLOR WELL I JUST A LITTLE BIT. WE IT LET ME, LET ME SEE IF I GET THIS FROM OUR EARLIER CONVERSATION. IT'S WE HAVE A NUMBER OF TENANTS. THEY SERVE VARIOUS NEEDS IN OUR COMMUNITY. THEIR RENT IS, IS VERY, VERY LOW. AND THAT IS BY DESIGN BECAUSE YOU HAVE A VARIETY OF DAYCARES FOR LOWER INCOME INDIVIDUALS. WE HAVE A SENIOR CENTER. THE BOYS AND GIRLS CLUB DOES A TON OF WORK WITH A VARIETY OF YOUTH. WE ALSO DO HAVE A LEASE WITH AUBURN UNIVERSITY FOR THE COLLEGE OF PHARMACY HAS A PRESENCE THERE, BUT THEIR LEASE IS, IS DIFFERENT AND SEPARATE AND APART FROM THESE LEASES. AND SO THE ROLE OF THE BOYKIN COMMUNITY SERVICE CENTER AND WE HAVE OTHER MEETING SPACE THERE IS TO SERVE THESE TENANTS AND MAKE SURE THAT THEY'RE ABLE TO PROVIDE SERVICES. WE ALSO HAVE A FOOD BANK PORTION THAT GOES INTO THIS, BUT RUNS IN A DIFFERENT LEASE LEASE STRUCTURE ALSO. AND THIS IS WE'RE TRYING TO GIVE PEOPLE A ONE STOP SHOP WHEN THEY GET THERE, WHETHER THEY'RE SENIORS OR PARENTS DROPPING KIDS OFF AT DAYCARE. WE TRY TO GET THEM SOME FULL SERVICE ITEMS. AND SO THESE LEASES ARE KEPT INTENTIONALLY LOW. FOR THAT, WE WILL BE REVISITING THE COSTS OF THE LEASE OVER THE NEXT YEAR. WE HAVEN'T RAISED IT IN SOME PERIOD OF TIME, BUT WE ALSO WANT TO WORK WITH THE AGENCIES THAT ARE LEASING IN THERE SO YOU DON'T BLOW THEIR BUDGET WITHOUT AN EXPECTED INCREASE. IS THAT OKAY? THANK YOU. COUNCILWOMAN TAYLOR. ALL RIGHT. THANK YOU. ARE THERE ANY FURTHER DISCUSSION? ALL RIGHT. WE HAVE A MOTION. AND SECOND, ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? ALL RIGHT. MOTION CARRIES. ITEM EIGHT D TWO AUTHORIZES A TWO YEAR CONTRACT WITH CARE HUMANE SOCIETY FOR ANIMAL SHELTERING SERVICES IN THE AMOUNT OF $214,683 FOR FISCAL [8.d.2. CARE Humane Society. Animal sheltering services for FY 2027. $214,683.] YEAR 27, AND AN AMOUNT TO BE NEGOTIATED FOR FISCAL YEAR 28, BASED ON THE CITY'S PRO RATA SHARE OF ANIMALS SUBMITTED TO CARE HUMANE SOCIETY FROM AUBURN FOR APPROVAL. SECOND, HAVE A MOTION, A SECOND, ANY CONVERSATION? DISCUSSION? YES, I NOTICED THIS IS LESS THAN WHAT WE PROVIDED THEM IN 2024. [00:35:02] AND IT IS FAR LESS THAN THE AMOUNT WE HAVE BUDGETED FOR THIS, THIS ENTITY. I WOULD, I'M ASSUMING THIS IS UNDER THE AGENCY SUPPORT CATEGORY IN THE BUDGET OF ENVIRONMENTAL SERVICES. IS THAT WHERE THIS IS LOCATED? IT IS. OKAY. ALL RIGHT. I WOULD LIKE TO AMEND IT TO THE FULL AMOUNT THAT YOU HAVE BUDGETED $240,473 BECAUSE PARTICULARLY BECAUSE WE HAVE AN AMOUNT TO BE NEGOTIATED IN THE FUTURE, PERHAPS WE CAN GO AHEAD AND KIND OF PUT THAT AMOUNT IN THE CONTRACT NOW. SEEING THAT IS WHAT'S IN THE BUDGET. OKAY. THAT IS SOMETHING THAT WE WERE MAKING AND I HAD HAD A CONVERSATION ABOUT IN TERMS OF PROVIDING FUNDS FOR THE SNIP PROGRAM, WHICH IS THE SPAY AND NEUTER YOUR PETS PROGRAM, WHICH IS WHERE WE NEED TO PUT SOME FUNDING INTO. SO WHAT WE HAVE ALLOCATED THIS TIME IS TO 214, 683 FOR THIS YEAR, WHICH IS MORE THAN WHAT THEY ASKED FOR. THEY ASKED FOR $192,000. SO THIS IS $22,000 MORE FOR THE 781 ANIMALS THAT WERE DROPPED OFF AT $26 A DAY. THE ADDITIONAL $25,000 THAT YOU'RE TALKING ABOUT, WE WOULD LIKE TO ALLOCATE TO CARE HUMANE SOCIETY, SPECIFICALLY FOR THE SNP PROGRAM. SO IF YOU WOULD AMEND YOUR MOTION, IT DOESN'T NEED TO BE AMENDED BECAUSE THE $25,000 I CAN HANDLE CONTRACTUALLY, SEPARATELY. OKAY. BUT AND SO THAT'S WHY IT'S BUDGETED THAT WAY. IS THAT THE SNP PROGRAM, WHICH IS A FUNNY ACRONYM, BUT IT IS SNYP FOR SPAY AND NEUTER, BUT IT'S A GOOD PLAY ON WORDS. IT'S SOMETHING WE'VE TRADITIONALLY FUNDED. AND SO IT WAS BUILT INTO THE BUDGET THAT WAY, BUT WOULDN'T HAVE BEEN CLEAR TO THE COUNCIL. SO BECAUSE THIS IS THE ANIMAL SHELTERING, I DON'T KNOW THAT WE WANT TO MIX THE TWO AGREEMENTS, KEEP THEM SEPARATE. OKAY, SO AN AMENDMENT IS NOT NECESSARY. NOT NECESSARY. I WOULD HOPE THAT THE COUNCIL WOULD, THOUGH IN IN IN GENERAL SUPPORT OF FUNDING THIS AGENCY TO THEIR FULL BUDGETED AMOUNT. JUST IT'S A GOOD THING TO DO. OKAY. THANK YOU SO MUCH. I'LL JUST SAY IT'S FAIR TO SAY WE'RE WORKING WITH THEM ON A FEW PROJECTS FOR THE FUTURE THAT THE COUNCIL WILL SEE IN THE COMING MONTHS. SOME EXCITING THINGS GOING ON AT CARE HUMANE SOCIETY THAT NEED TO BE ADDRESSED BASED ON THEIR GROWTH AND NEEDS. AND WE'RE WORKING TOWARD A VERY GOOD PROJECT WITH THEM. GOOD. THANK YOU. ANY FURTHER DISCUSSION? I HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? AND THE MOTION CARRIES. [8.d.4. Machen and McChesney, LLP. Financial Audit Contract Assignment Agreement] ITEM EIGHT. D4 AUTHORIZES AN ASSIGNMENT AGREEMENT ACKNOWLEDGING AND CONSENTING TO THE ASSIGNMENT OF THE CITY'S FISCAL YEAR 26 FINANCIAL AUDIT CONTRACT AGREEMENT. THAT WAS WITH MATCH AND MCCHESNEY LLP, AND THEY HAVE JUST MERGED WITH FRASER AND DIETER, LLC. SO WE NEED AN ASSIGNMENT TO FRAZIER AND DIETER. MOVE FOR APPROVAL. SECOND, HAVE A MOTION. SECOND. ANY CONVERSATION OR DISCUSSION? YES, MA'AM. YES. I WANT TO SAY UP FRONT THAT I'M VERY, VERY HIGH ON MCKINNEY MCCHESNEY. HOWEVER, THIS IS A SERVICE, A PERSONAL SERVICES CONTRACT, AND IT CANNOT BE ASSIGNED. YOU CANNOT ASSIGN A PERSONAL SERVICES CONTRACT. SO THE QUESTION TO THE COUNCIL IS, ON WHAT BASIS WOULD WE ALLOW THIS CONTRACT TO BE ASSIGNED? IS IT BECAUSE WE'RE IN THE MIDDLE OF AN AUDIT, OR IS IT BECAUSE THE WORK FORCE THAT'S IN PLACE NOW WILL REMAIN IN PLACE? I THINK WE NEED TO HAVE A DISCUSSION ABOUT WHY THIS THIS WOULD BE A NORMAL ONGOING CHAIN OF EVENTS. SEAMLESS. WELL, MAY I ANSWER FROM THE STAFF'S PERSPECTIVE, THIS IS A CONTRACT WE'VE HAD WITH MCCANN. IT'S THE SAME EMPLOYEES WORKING ON THE AUDIT THAT HAVE BEEN. THE AUDIT STARTED IN JULY. NOT. NOT NOW. EVEN THOUGH THE FISCAL YEAR CLOSED IN SEPTEMBER 30TH, THE INTERIM WORK BEGAN IN JULY. THEY HAVE ALREADY BEEN, YOU KNOW, INCURRING EXPENSES FOR THE INTERIM WORK THAT THEY'VE DONE. YOU GOT A LETTER YESTERDAY. THEY'RE ACTIVE. WE CAN ASSIGN THE CONTRACT WITH THE COUNCIL'S PERMISSION. THIS IS THE FINAL YEAR OF A TWO YEAR CONTRACT. AND SO TO CHANGE NOW WOULD WOULD BE VERY CHALLENGING FOR US. AND I'M NOT SURE CONTRACTUALLY I CAN HAVE THE CITY ATTORNEY ANSWER. YOU DON'T HAVE TO AGREE TO IT. BUT WE ARE ALSO WITHOUT AN AUDIT FIRM AND COULD DELAY RELEASE OF OUR FINANCIALS THAT HAVE A MANDATORY DEADLINE. SO THIS IS WHERE THIS AGREEMENT IS, BECAUSE IT'S CHANGING NAMES, BECAUSE THEY MERGE WITH FRAZIER AND DEETER ON SEPTEMBER 28TH. THIS IS A NEW COMPANY. AM I CORRECT? THE SAME PEOPLE ARE STILL WORKING AT MATCH AND THEY HAVE HAD A MERGER. RIGHT? THAT'S IT. SAME EMPLOYEES. NO NEW EMPLOYEES TO AUBURN THAT ARE WORKING ON OUR AUDIT. SAME PEOPLE. THEY'VE JUST HAD A MERGER. AND YOU'RE CONSENTING. LIKE A NEW BILL WILL COME FROM FRAZIER AND DEETER AS OPPOSED TO MATCHING. BASICALLY, WE CAN'T PAY PAY A DIFFERENT FIRM IF WE IF WE HAVE A NEW FIRM THAT THAT SERVES HAMBURGERS DOWNTOWN. [00:40:02] THEY HAVE TO GET A NEW LIQUOR LICENSE. AND IT'S IT'S A SIMILAR KIND OF THING. I MEAN, WE WE HAVE A NEW FIRM HERE AND WE HAVE TO RECOGNIZE IT. OR DO WE AS A NEW COMPANY, IS IT GOING TO SAY A DIFFERENT NAME ON THE SIDE OF THE BUILDING? I HAVE BEEN PROVIDED WITH THE INFORMATION REGARDING THE MERGER WITH THE NEW FIRM. I DON'T HAVE ANY PARTICULARS ABOUT HOW THEY'LL NAME IT, BUT MY UNDERSTANDING IS THAT THE SAME AS THE CITY MANAGERS, THAT THIS WILL NOT BE A PERSONNEL CHANGE CHANGE FOR THE AUDITORS WHO ARE WORKING ON THE AUDIT FOR THIS FISCAL YEAR. VERY GOOD. NOW, TWO REAL QUESTIONS WERE ARE WE IN THE MIDDLE OF AN AUDIT? AND I THINK THE ANSWER IS YES. AND ARE WILL THE WORKFORCE BE REMAINING THE ONE THAT'S THERE NOW? WILL THEY REMAIN IN PLACE? SO THOSE ARE MY TWO QUESTIONS AND CONCERNS. AND I NEEDED TO VOICE THOSE. THE ANSWER TO THOSE WAS YES. YES. THEY'LL REMAIN IN PLACE. AND IN TERMS OF IF YOU LOOK ON THEIR WEBSITE, IT SAYS MATCH AND MCCHESNEY, A FRAZIER AND DEETER COMPANY IS WHAT IT SAYS RIGHT NOW. I DON'T HAVE ALL THE PARTICULARS. THIS CAME ON PRETTY FAST. WE COULD NOT WE COULD NOT BRING THE ASSIGNMENT TO YOU PRIOR TO THE MERGER, OR WE WOULD HAVE. AND WE ALSO, AS YOU DULY NOTED, COUNCILMAN MOORMAN, WE DID NOT HAVE THE AUTHORITY AS A STAFF WITHOUT YOUR PERMISSION BECAUSE OF THE DOLLAR AMOUNT TO ASSIGN IT. SO THAT'S WHY IT'S BEFORE YOU AND TALKING WITH THE PARTNERS IN THE FIRM, WE DON'T EXPECT A LOT OF CHANGES RIGHT NOW. THE GOOD NEWS FOR PEOPLE THAT WORK IN THE FIRM IS AS THEY HAVE BIGGER HR CAPABILITIES, BIGGER IT CAPABILITIES AND MORE SUPPORT OUT OF A CENTRAL OFFICE SO THAT THEY CAN FOCUS ON THE ACCOUNTING WORK AND NOT JUST RUNNING THE BUSINESS PLUS THE ACCOUNTING WORK. SO WHAT WE WILL LOOK TO DO THOUGH, MATT MCCHESNEY HAS BEEN A WONDERFUL PARTNER, BUT CONSIDERING CHANGES WHEN WE WILL BE LOOKING AT THINGS A LITTLE DIFFERENTLY AND IN THE NEXT CONTRACT TERM AND MAY GIVE PEOPLE THE OPPORTUNITY TO SUBMIT, I WANT TO REMIND YOU THAT PEOPLE DON'T BID ON PROFESSIONAL SERVICES. IT'S NOT THERE IS NO BID. THEY SUBMIT QUALIFICATIONS AND PROPOSALS AND WE EVALUATE THE BEST FIRM FOR THE JOB. I DO WANT TO MAKE ONE CLARIFICATION WITH PAUL. IT'S THERE'S NO LIKE STATE LAW PROHIBITIONS ON ASSIGNMENT OF PROFESSIONAL SERVICES. NO. THAT I'M AWARE OF. OKAY. BUT YOU CAN'T CAN YOU ASSIGN A PERSONAL SERVICES CONTRACT TO A PROFESSIONAL SERVICES CONTRACT? NOT NECESSARILY A PERSONAL SERVICES CONTRACT. AND SO THAT IS DEALT WITH SLIGHTLY DIFFERENTLY IN STATE LAW AS IT RELATES TO MUNICIPALITIES, BECAUSE PROFESSIONAL SERVICES CONTRACTS CAN BE AWARDED BASED ON THE SUBMITTALS RATHER THAN BID. AND, YOU KNOW, WE FEEL COMFORTABLE MOVING FORWARD THAT THIS IS NOT GOING TO INTERRUPT THE SAME LEVEL OF SERVICE THAT THE CITY HAS BEEN PROVIDED BY MASON AND MCCHESNEY. RIGHT. AND JUST ONE MORE POINT THERE. THE ASSIGNMENT IS BY US. IT IS NOT MATCHING THEM AT CHESNEY CANNOT ASSIGN THIS. NOT WITHOUT THE COUNCIL'S PERMISSION. THAT'S CORRECT. WHICH IS THE ITEM IN FRONT OF US, CORRECT? CORRECT. OKAY, GREAT. ANYTHING ELSE? I'M HAPPY NOW. THANKS. ALL RIGHT. WE HAVE A MOTION. AND SECOND, ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? MOTION CARRIES. ITEM 86 AUTHORIZES THE EXECUTION OF AN INFRASTRUCTURE DEVELOPMENT AGREEMENT WITH STERLING AUBURN COTTAGES, [8.d.6. TDC Pacific Properties. Infrastructure Development Agreement. Sterling Auburn Cottages.] LLC FOR PUBLIC INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH STERLING AUBURN COTTAGES DEVELOPMENT. MOVE FOR APPROVAL. SECOND, HAVE A MOTION, A SECOND. ANY DISCUSSION? YES. FIRST OFF, I'D LIKE TO THANK ALL THE NEIGHBORS IN HICKORY WOODS FOR COMING OUT TONIGHT. I UNDERSTAND THAT Y'ALL LIVE IN A VERY SPECIAL NEIGHBORHOOD. AND IT'S CALLED HICKORY WOODS, AND THAT'S BECAUSE YOU'VE BEEN SURROUNDED BY FOREST FOR THE PAST 40 YEARS, AND THAT IS CHANGING. I UNDERSTAND THAT THAT'S FRUSTRATING AND THAT'S DIFFICULT. AND I APPRECIATE YOUR UNDERSTANDING AND YOUR COLLABORATION AS WE WORK THROUGH THIS. I'M GOING TO READ A QUICK STATEMENT ABOUT MY UNDERSTANDING OF THE AGREEMENT THAT'S BEFORE US TONIGHT. AND THEN I'M GOING TO ASK SOME QUESTIONS OF STAFF, AND I'LL ALSO ASK SOME QUESTIONS OF THE DEVELOPER BEFORE WE TAKE UP THIS ITEM, I WANT TO MAKE SURE EVERYONE UNDERSTANDS WHAT IS BEFORE US AND WHAT IS NOT BEFORE US. THIS EVENING, MY READING OF THE DEVELOPMENT AGREEMENT IS THAT THIS IS NOT A VOTE ON WHETHER STERLING COTTAGE PROJECT MOVES FORWARD. THE PROJECT IS ALLOWED BY RIGHT AND HAS ALREADY RECEIVED THE APPROVALS NECESSARY TO PROCEED. WHILE THIS AGREEMENT. WHAT THIS AGREEMENT DOES IS IT SECURES ADDITIONAL COMMITMENTS AND PROTECTIONS THAT WOULD NOT OTHERWISE EXIST. THOSE INCLUDE $368,500 TOWARD TRAFFIC IMPROVEMENTS ON KENT DRIVE, THE INTERSECTION, I BELIEVE, OF KENT AND GLENN. THE CLOSURE OF HICKORY WOODS DRIVES TO THROUGH CONSTRUCTION TRAFFIC, THROUGH THE END OF CONSTRUCTION, [00:45:09] ADDITIONAL STORMWATER AND DRAINAGE INFRASTRUCTURE, AND LEGALLY ENFORCEABLE OBLIGATIONS THAT HOLD THE DEVELOPER ACCOUNTABLE FOR THESE COMMITMENTS. AS WE CONSIDER THIS AGREEMENT TONIGHT, MY FOCUS IS ON WHETHER THERE ARE ADDITIONAL PROTECTIONS WE CAN SECURE FOR NEIGHBORING RESIDENTS AND WHETHER THIS AGREEMENT LEAVES THE COMMUNITY IN A BETTER POSITION THAN IT WOULD BE WITHOUT IT. MY FIRST QUESTION TO STAFF ON THIS. I BELIEVE NAN AND ANDREW BROUGHT THIS UP WAS, COULD YOU EXPLAIN HOW THE HICKORY WOODS CONSTRUCTION TRAFFIC RESTRICTION WILL BE ENFORCED? WE WILL. THERE'S TWO FOLD. THERE'S ONE THING. IT IS PART OF THE DEVELOPMENT REVIEW TEAM APPROVAL. THAT IS. I WANT TO POINT OUT THAT SOMETIMES IT'S PUT IN A DEVELOPMENT AGREEMENT BECAUSE IT'S VERY PUBLIC FACING AND IT'S OUT THERE ON THE COUNCIL AGENDA. SO IT'S ADDED THERE FOR EMPHASIS. MR. CUMMINGS? YES. SO AS CITY MANAGER SAID, THE WE'VE ALREADY DEALT WITH THIS IN OUR DEVELOPMENT REVIEW TEAM PROCESS AND APPROVAL THAT AS THEY CONSTRUCT THE EXTENSION OF HICKORY WOODS DRIVE TO KENT DRIVE, THAT THAT WILL REMAIN CLOSED AT ITS CURRENT TERMINUS AND UNTIL DURATION. WE ACTUALLY WENT FURTHER IN THE DEVELOPMENT AGREEMENT TO EXPLAIN WHAT WE MEANT BY THE CONCLUSION OF DEVELOPMENT TO MEAN WHEN ALL THE UNITS HAD RECEIVED AT LEAST A TKO, THEN THEY. THEN THAT ROAD WOULD THEN BE OPEN TO AS A PUBLIC STREET. SO IT WILL BE BARRICADED. OBVIOUSLY AVAILABLE FOR PUBLIC SAFETY SO THAT, YOU KNOW, WE CAN, YOU KNOW, GET DOWN TO THE SITE IF WE HAD TO, FROM YOU KNOW, PUBLIC SAFETY STANDPOINT, BUT IT WILL BE MAINTAINED, CLOSED. THE OTHER THING THAT WE HAVE ASKED THE DEVELOPER TO DO IS UTILIZE A, AN ADDRESS ON KENT DRIVE FOR TO HAND OUT TO ALL THEIR DELIVERIES. YOU KNOW, IT WAS ALLUDED TO BY MISS CUNNINGHAM THAT A TRUCK GOT ON THE WRONG ROAD. IT'S MY UNDERSTANDING IS, IS THAT TRUCK GOT THE WRONG ADDRESS AND THAT THAT HAS BEEN RECTIFIED, BUT WE WILL POLICE THAT AND MONITOR THAT AND WOULD APPRECIATE ANY CONTACT AND COMMUNICATION FROM THE NEIGHBORHOOD IF IF THEY SEE CONSTRUCTION TRAFFIC RUNNING AWRY. AND IT'S ALSO MY UNDERSTANDING TOO, THAT WE'RE GOING TO PUT A. WE'RE GOING TO PUT NO CONSTRUCTION TRAFFIC SIGNS AT THE ENTRANCE OF HICKORY WOODS TO. TO EMPHASIZE THAT IN CASE SOMEONE IS. IN CASE A DELIVERY DRIVER, WHICH WILL HAPPEN WILL GO A DIRECTION THAT THEY SHOULDN'T GO. THAT IS CORRECT. AND WE'RE TRYING TO ALERT THEM THAT WE'RE GOING TO PUT A, YOU KNOW, SIGN UP TO MAKE SURE THAT THEY'RE AWARE THAT THERE'S NO OUTLET THERE. SO UNTIL UNTIL THE ROAD IS CONSTRUCTED THROUGH, IF A VEHICLE DOES GET TO THE POINT WHERE THEY GO DOWN HICKORY WOODS AND A RESIDENT HAS A CONCERN ABOUT THAT VEHICLE, WHAT'S THE BEST NUMBER FOR THEM TO OR THE BEST ROUTE FOR THEM TO COMMUNICATE THAT? I MEAN, THEY CAN, THEY CAN CALL, YOU KNOW, MY OFFICE AND LET ME KNOW, BE, BE FINE. I CAN TELL YOU IN THE MOMENT WHEN IT'S GOING ON, UNLESS ONE IS STUCK, WE WOULD CALL THE NON-EMERGENCY NUMBER. WE'LL BE HAPPY. WE HAVE OUR NEIGHBORHOOD LIAISON HERE. BE HAPPY TO TO GIVE OUT THOSE NUMBERS AND COMMUNICATE DIRECTLY WITH THE HICKORY WOODS RESIDENTS. WHAT I CAN SAY IS IT IS NEARLY IMPOSSIBLE IN THE MOMENT IF ONE GETS IN THERE FOR US TO STOP IT, OBVIOUSLY. AND SO REPORTING THAT IT'S GOING ON, WE COMMUNICATE WITH A CONTRACTOR ON THE REGULAR. WE'RE VERY HOPEFUL THAT WE WON'T HAVE PROBLEMS BASED ON THE ADDRESSING OF THIS, BUT IT WILL PERIODICALLY HAPPEN. THERE IS NO DOUBT OR SOMEBODY GETS CONFUSED. AND SO WE'LL DO OUR BEST, BUT I THINK WE'LL GIVE THEM, WE CAN HAPPILY EMAIL IT TO THE NEIGHBORHOOD SO THAT THEY HAVE SOME MORE INFORMATION ABOUT THE NUMBERS TO CALL AND, AND DO STRESS. AND WE DEAL, WE'VE DEALT WITH THIS IN OTHER NEIGHBORHOODS IS IS GOOGLE IS A GREAT TOOL, BUT THESE NAVIGATION TOOLS ALSO, YOU KNOW, LEAD YOU TO CERTAIN PATHS AND, YOU KNOW, WE CAN'T, YOU KNOW, PREVENT THAT. AND SOME OF THESE FOLKS ARE COMING FROM OUT OF TOWN AND THEY'RE RELYING ON THEIR NAVIGATION TO GET THEM TO THE SITE. BUT IT'S NOT THE INTENT. YES, THE SIGNAGE WILL HELP. COULD WE SPEAK TO I THINK THE DEVELOPMENT AGREEMENT INCLUDES $368,500 TOWARD TOWARD TRAFFIC IMPROVEMENTS, AND THOSE TRAFFIC IMPROVEMENTS ARE AT THE INTERSECTION OF OF OF KENT DRIVE. I KNOW THAT THERE'S A DESIRE OF, OF FOLKS IN THE NEIGHBORHOOD TO SEE SOME POSSIBLE IMPROVEMENTS OR TRAFFIC THAT WOULD ADDRESS POTENTIAL TRAFFIC THAT MAY TAKE PLACE ON HICKORY WOODS DRIVE. SO COULD WE SPEAK TO WHY THAT WHY THIS COMMITMENT THAT'S BEING ADDRESSED IN THIS AGREEMENT ONLY ADDRESSES KENT DRIVE. SO SURE. THE BASED ON THE TRAFFIC STUDY, TRAFFIC IMPACT STUDY THAT THEY PERFORMED THIS INDICATED THAT IT TRIPPED [00:50:06] CERTAIN WARRANTS FOR IMPROVEMENTS AT THE INTERSECTION OF KENT AND EAST UNIVERSITY DRIVE. AS WE WERE EVALUATING THOSE IMPROVEMENTS AND THE NEED FOR ADDITIONAL TURN LANES, POTENTIAL TRAFFIC SIGNALS AND SUCH. WE ACTUALLY RECOGNIZED THAT WE HAD A LARGER PROJECT THAT WE NEEDED TO TAKE ON, AND THAT WOULD BE FOR ROAD IMPROVEMENTS. FROM GLEN TO BASICALLY WHERE WE TERMINATED AT ANNA BROOK FOR THOSE INTERSECT, NOT ADDENBROOKE. ANNA LOU FOR THOSE, THOSE IMPROVEMENTS THAT WE COMPLETED A COUPLE OF YEARS AGO. SO RECOGNIZING THAT THEY, YOU KNOW, PAY INTO, YOU KNOW, BASED ON THEIR PRO RATA SHARE OF THE ADDITIONAL LOAD THAT THEY WERE ADDING TO. THAT IS WHERE WE CAME UP WITH THE COST SHARE OF THIS AT THE TOTAL TO $368,500. SO BASED ON THAT TRAFFIC IMPACT STUDY THEY DID NOT INDICATE OF ANY SIGNIFICANT IMPACTS ON HICKORY WOODS DRIVE. SO THERE WAS NOTHING THERE. NOW WE ARE COMMITTED TO, YOU KNOW, CHECK THOSE NUMBERS, RECHECK THOSE NUMBERS. SO, YOU KNOW, TALKING TO THE CITY ENGINEER IS, YOU KNOW, EVEN THIS AFTERNOON, YOU KNOW, WE HAVE ON OUR LIST OF PLAN TO GO AHEAD AND GET A STATUS ON WHAT THOSE NUMBERS ARE AS FAR AS TRAFFIC TODAY. AND THEN AFTER CONSTRUCTION IS COMPLETE AND THAT ROAD BECOMES OPEN, WHAT THOSE TRAFFIC NUMBERS WILL BE, IF THERE'S ISSUES THERE AND WE SEE A DIFFERENT TREND, THEN WE'LL BEGIN TO LOOK AT THOSE AND ADDRESS THOSE. BUT THE REASON THAT THAT IS NOT ADDRESSED IN THE DEVELOPMENT AGREEMENT TO YOUR INITIAL QUESTION IS THAT, YOU KNOW, THAT THEIR TRAFFIC IMPACT STUDY INITIALLY DID NOT INDICATE THAT THAT WOULD BE AN ISSUE. THAT DOESN'T MEAN THAT WE WON'T BE THAT THAT WE WILL NOT CONSIDER TRAFFIC TRAFFIC IMPROVEMENTS TO HICKORY WOODS DRIVE. THAT IS CORRECT. AND IT ACTUALLY DOESN'T MEAN THAT WE WON'T CONSIDER DOING THAT, OR AT LEAST LOOKING INTO IT PRIOR TO THE ROAD OPENING AS WELL. YES, SIR. OKAY. I DO REAL QUICKLY. I THINK IT MIGHT BE HELPFUL BECAUSE IT DID COME UP AND I'VE SEEN THIS AND A LOT OF EMAIL TRAFFIC. IF CITY ENGINEER COULD SPEAK QUICKLY, HICKORY WOODS IS A LOCAL STREET AND SO THE STRIPING KEEPS COMING UP. AND DO WE PUT CENTERLINE STRIPES IN LOCAL STREETS TYPICALLY. MICHAEL. TYPICALLY WE DO NOT. AND SO NOT SAYING WE CAN'T LOOK AT IT IN THE FUTURE, BUT A LOT OF OUR LOCAL STREETS CONNECT TO A LOT OF THINGS, AND THERE'S NOT A CENTER LINE, ESPECIALLY WITH ALL THE CARS PARKING. IT'LL JUST BE SOMETHING THAT HAS TO BE LOOKED AT IN THE FUTURE, AND WE'LL GLADLY COLLABORATE WITH THE NEIGHBORHOOD. YES, I'LL MAKE THAT VERY CLEAR WITH THE FOLKS IN THE NEIGHBORHOOD THAT THAT WE WILL COLLABORATE WITH YOU ON, ON POTENTIAL IMPROVEMENTS TO HICKORY WOODS. I'M NOT MAKING ANY PROMISES ON WHAT THOSE WILL BE, BUT WE WILL WE WILL LOOK AT THAT AND EVALUATE IT OVER THE NEXT FEW YEARS. I WANT TO GO INTO A COUPLE MORE QUESTIONS WITH STAFF. WITH REGARD TO SOME QUESTIONS THAT I'VE GOTTEN FROM SOME OF THE FOLKS IN, IN THE NEIGHBORHOOD WHAT IS THE MAXIMUM DENSITY, THE MAXIMUM DENSITY PERMITTED UNDER THE PROPERTY'S CURRENT ZONING DESIGNATION. NONE TO HAVE DWELLING UNITS, AN ACRE, NINE AND A HALF UNITS AN ACRE. AND THE DENSITY FOR STERLING COTTAGES IS FOR FOR THIS DEVELOPMENT, IT'S RIGHT AROUND LIKE EIGHT, SEVEN, LIKE EIGHT, EIGHT, SEVEN, NINE. IT'S IT'S IT'S IT'S RIGHT THERE. I THINK IT'S, IS IT LESS? YEAH. WELL, YEAH, IT HAS TO BE LESS. HOLD ON. YEAH. HOLD ON. I THINK SCOTT'S GOT THAT DATA PULLED. YEAH. I'M THINKING IT'S MORE IN THE LINES OF 6.3 UNITS PER ACRE. BUT THAT WAS BASED ON 132 UNITS. YEAH. I'M SORRY. CLEAR THAT AGAIN. STATE THAT CLEARLY JUSTICE WASN'T PREPARED WITH THE EXACT DATE OF SITTING IN FRONT SITTING IN FRONT OF HIM. AND SO HE'S LOOKING IT UP. BUT SCOTT HAD LOOKED IT UP AT AT MY REQUEST. AND I THINK IT'S LOWER. HE'S BASED ON WHAT JUSTICE IS GOING TO VERIFY. SO IT'S MUCH LOWER THAN NOT MUCH LOWER, BUT LOWER. A THIRD LOWER THAN THE ZONING WOULD ALLOW. THIS IS A VERY SEEDY ZONING IS IS VERY PERMISSIVE, CORRECT. THAT IS AND ALLOWS FOR QUITE A BIT OF DENSITY. SO ALLOWS FOR QUITE A BIT OF DENSITY AND ALSO ALLOWS FOR A LOT OF COMMERCIAL USES BY. RIGHT. WHICH ARE NOT BEING PROPOSED HERE, BUT THE ZONING DOES. CONFIRM THAT IS 6.26.32. YEAH. SO I, I HAD TO PULL UP THE ACTUAL, THE PLANS, NOT THE, NOT THE PLAT. YEAH. SO IT'S WHILE WE WAIT ON THAT CAN, CAN WE. AND THIS MAY END UP BEING JUSTICE TO, BUT I WANT A BRIEF EXPLANATION OF BUFFERS. I FEEL LIKE THERE'S BEEN SOME CONFUSION ON, ON WHAT A BUFFER IS. [00:55:06] ALSO THE REQUIRED BUFFERS FOR THIS PARTICULAR ZONING CODE AND HOW THAT LOOKS IN THE ACTUAL DEVELOPMENT. YEAH. SO OKAY, SO BUFFERS. BUFFERS IS A GIFT OF OUR PERFORMANCE ZONING ORDINANCE. AND SO I THINK KIND OF THING THAT GETS A LOT OF PEOPLE IS WHEN BUFFERS ARE REQUIRED, WHAT THEY'RE REQUIRED FOR, AND THEN DO THEY KIND OF STACK ON ONE ANOTHER. SO, AND THEN AND THEN ON TOP OF THAT, WE HAVE DIFFERENT BUFFERS. SO THERE ARE BUFFERS THAT HAPPEN FOR RESIDENTIAL ACROSS STREETS. BUFFERS ALSO ARE DERIVED FROM INTENSITY DIFFERENCES. SO IF YOU HAVE A HIGH DENSITY DEVELOPMENT NEXT TO A LOW INTENSITY DEVELOPMENT, THERE MAY BE A CAUSE FOR BUFFER. AND SO INTENSITY IS DERIVED FROM FARI ESSER HEIGHT OF STRUCTURES ALSO USES. SO IT COULD BE MULTIFAMILY, IT COULD BE INDUSTRIAL, IT COULD BE COMMERCIAL. THOSE THINGS WOULD ALL GENERATE A BUFFER. IF THERE'S RESIDENTIAL ACROSS THE STREET, A BUFFER COULD BE REQUIRED. THERE ARE ALSO BUFFERS THAT ARE REQUIRED. THERE ARE ALSO BUFFERS FOR UNDISTURBED. THERE ARE BUFFERS WHERE THEY CAN CUT DOWN ALL THE TREES AND THEN THEY CAN REPLANT TO ESTABLISH THEIR BUFFER. SOMETIMES BUFFERS ARE WE TALKING ABOUT IN SEED? YES. WELL, IT'S IT'S IT'S VERY COMPLICATED. GENERALLY SPEAKING, YOU HAVE TEN FOOT BUFFERS HERE THAT ARE REQUIRED. YEAH. AND SO AND SO THIS ONE. AND THOSE ARE NOT UNDISTURBED BUFFERS NOT UNDISTURBED. AND SO THEY CAN'T CUT DOWN ALL THE TREES AND THEN REPLANT. SOMETIMES IF THERE'S AN UNDISTURBED BUFFER THAT HAS TO BE KIND OF DESCRIBED AT THE OUTSET. BUT I THINK OFTENTIMES WHAT PEOPLE FIND IS THAT IF IT'S JUST VACANT LAND, IT'S NOT NECESSARILY MANICURED OR DESIRABLE TREES, BUT THEY PROBABLY WANT THOSE TREES TO BE CUT DOWN ANYWAY AND SOMETHING BE PLANTED BACK. AND SO IT REALLY DOES JUST KIND OF VARY KIND OF WHAT THE INTENSITY IS. AND THEN WHAT'S TALKED ABOUT IN THE MEETING IN THE IN THE PLANNING COMMISSION MEETING, ALSO KIND OF WITH STAFF HAS, HAS THIS DEVELOPMENT MET ALL OF OUR BUFFER REQUIREMENTS THAT ARE REQUIRED BY OUR ORDINANCE? YES, YES. AND SO THAT'S DUE. AND I THINK ONE OF THE THINGS THAT KIND OF GETS LOST, EVEN THOUGH THIS IS FROM A YOUTH STANDPOINT, IT IS SINGLE FAMILY HOUSING. IT IS FOR FROM A SINGLE FAMILY HOUSING STANDPOINT, A LOT OF THAT IS PERFORMANCE ZONE AND VERY SMALL LOTS UNDER 10,000FT². AND SO, I MEAN, YOU'RE TALKING ALMOST SIX, SEVEN DWELLING UNITS IN ACREAGE, THAT SINGLE FAMILY HOUSING. SO IT DIDN'T MEET IT DIDN'T RISE TO THE MAXIMUM BUFFER REQUIREMENT OF 20FT. THAT'S WHY IT WAS ONLY ABOUT TEN FEET. 20FT IS SOMETHING LIKE AN INDUSTRY NEXT TO A HOUSE. YEAH. THAT'S THAT CHANGES THE INTENSITY OF THE USE. SO THE MORE DENSE IT IS OR THE HEAVIER THE USE, OR IT OPERATES 24 HOURS A DAY. AND BASED ON OUR ZONING, DRIVES A LARGER BUFFER. IF YOU HAVE RESIDENTIAL AGAINST RESIDENTIAL, IT'S A DENSITY AND HOW MUCH LOT OF YOUR LOT YOU'RE COVERING WITH YOUR STRUCTURE VERSUS NOT. IT'S COMPLICATED. AND I'LL SAY THIS BECAUSE WE'RE REWRITING THE ZONING ORDINANCE THAT KINDIG THAT DID PERFORMANCE ZONING, THAT WAS GREAT IN 1984, AND TO SOME CONCERNS OF A NUMBER OF NEIGHBORHOODS, IT'S NOT GREAT RIGHT NOW AND IN 2026, AND THAT'S WHY WE NEED TO TAKE A HARD LOOK AT IT. OKAY, ONE MORE QUESTION FOR STAFF. THIS DEVELOPMENT AGREEMENT WERE NOT APPROVED WITH THE APPLICANT. STILL RETAIN THE RIGHT TO DEVELOP THE PROPERTY UNDER THE EXISTING CITY ZONING AND THE APPROVED PLANS? YES THEY WOULD. OKAY. I DON'T HAVE ANY MORE QUESTIONS FOR STAFF. I'LL MOVE ON TO THE DEVELOPER. IF. I APPRECIATE YOUR WILLINGNESS TO LISTEN TO US AND TO WORK WITH THE NEIGHBORHOOD AND STAFF ON TRYING TO ADDRESS THESE CONCERNS. AND IF WE MAY HAVE YOUR NAME, PLEASE. YES, MA'AM. MY NAME IS BRAD DINNERSTEIN. I'M THE DEVELOPER OF THE STERLING COTTAGES. THANK YOU. I'VE GOT ONE. I'VE GOT ONE MAIN QUESTION THAT I WANT TO TEE UP FOR YOU IS WE HAD SPOKE EARLIER ABOUT POTENTIAL SPECIFICALLY ON THE WESTERN EDGE OF THIS NEIGHBORHOOD. THAT IS THAT'S WHERE THIS DEVELOPMENT INTERSECTS WITH HICKORY WOODS DRIVE OR THE HICKORY WOODS RESIDENCE. SO THEIR HOMES ARE, ARE BACKING UP TO IT. AND AND THAT'S WHERE, WHEN ALL THE, THEY'RE THE ONES THAT, THAT HAVE BEEN MOST AFFECTED. I KNOW THAT YOUR ORIGINAL PROPOSAL HAD A, HAD A VEGETATIVE BUFFER, I THINK OF, OF, OF SOME LARGER TREES, WHICH WHICH I THINK MOST PEOPLE APPRECIATED THAT, BUT WE WERE WHAT, WHAT WE REALLY WANTED TO SEE IF WE COULD GET A COMMITMENT FROM YOU TO DO A LAYERED BUFFERING SPECIFICALLY ADDITIONAL SCREENING WITH LANDSCAPING, UNDERSTORY PLANTINGS ON THAT WESTERN SIDE TO TRY AND BRING THAT AREA [01:00:01] BACK UP TO AS AS WOODED AND WILD AS AS AS POSSIBLE FOR FOR THIS NEIGHBORHOOD. YES, ABSOLUTELY. I'M HAPPY TO. WE'VE APPRECIATED OUR WORKING RELATIONSHIP WITH THE CITY AND WITH HICKORY WOODS, AND EVERYTHING WE HAVE DONE HAS BEEN PER CODE MINIMUM AS APPROVED BY THE CITY OF AUBURN. AND I'M VERY HAPPY TO REVISIT THE WESTERN PROPERTY LINE. I THINK THE REQUEST WAS SPECIFIC TO A TWO TIERED LANDSCAPE APPROACH, WHICH WE AGREE. I'M HAPPY TO DO IT. WOULD YOU BE WILLING TO WOULD YOU BE WILLING TO AFTER YOU DEVELOP A AN ACTUAL LANDSCAPE PLAN THAT REFLECTS THAT TWO TIERED THAT TWO TIERED APPROACH WITH WITH DIFFERENT PLANNINGS WOULD YOU BE WILLING TO GO IN WITH AN ADDENDUM TO THIS DEVELOPMENT AGREEMENT WITH THAT AFTER THE AGREEMENT IS APPROVED, I'M WILLING TO DO AN ADDENDUM. YES. ALL RIGHT. WE CAN BRING THAT FORWARD TO THE COUNCIL WHEN IT'S READY, AND PUT IT ON AN AGENDA TO DO AN ADDENDUM TO THE AGREEMENT. OKAY, SO THAT WORKS WITH STAFF AS WELL. WE'LL WORK. IT'LL GIVE THEM AN OPPORTUNITY TO REVIEW IT JUST SO IT'S KNOWN. AND AND AN ADDENDUM IS THE IS THE ONLY WAY AT THIS STAGE BECAUSE IT'S NOT REQUIRED BY ZONING. WHY THEY CAN COMMIT TO DOING IT. IF YOU'RE WANTING IT TO HAVE THE FORCE OF SOMETHING, THAT MEANS WE'RE MUTUALLY AGREEING THAT YOU'LL DO IT, THEN AN ADDENDUM IS IS IN ORDER AT THE AT THE THEN TIME. YES. TO CONFIRM THOUGH THE THE ADDENDUM WOULD COME AFTER THE APPROVAL OF THE DEVELOPMENT AGREEMENT. YES. OKAY. YES. AT A LATER DATE, WHEN IT'S READY. AND YOU KNOW WHAT YOU'RE GOING TO DO? NOT BEFORE THEN. EXACTLY. I'M JUST GOING TO NEED SOME TIME AND, YOU KNOW, LOOK FORWARD TO INPUT AND HAPPY TO DO IT. WE APPRECIATE YOUR CONSIDERATION ON THAT. OF COURSE. THANK YOU. I DON'T I DON'T BELIEVE I HAVE ANYTHING ELSE FOR FOR HIM. DOES ANYBODY ELSE HAVE ANYTHING YOU WANT? YOU WANT TO RUN THE MEETING? YOU WANT TO TAKE OVER? I'LL LET YOU KNOW. I DON'T KNOW ANY OTHER QUESTIONS FOR ME. ANY OTHER QUESTIONS FOR THE DEVELOPER? I'LL COVER THAT VERY WELL. THANK YOU. THANK YOU. THANK YOU. ALL RIGHT. ANY FURTHER QUESTIONS ON THIS ITEM? ANY OTHER CONVERSATION? YES, SIR. SCOTT MENTIONED THAT THIS IS PART OF A LARGER ACTIVITY, LARGER PROJECT. IS THIS THE $1.2 MILLION PROJECT THAT'S IN THE CIP? THE NORTH DEAN SLASH EASTER. NO NO NO NO. THAT'S A DIFFERENT PROJECT. THIS IS ONE THAT'S NOT IN THE CIP AT THE MOMENT FOR GREATER IMPROVEMENTS TO GLENN. I MEAN, SORRY, EAST UNIVERSITY DRIVE IN THIS VICINITY. SO AS YOU'RE AWARE, WE ACQUIRED ADDITIONAL PROPERTY FOR DUCK SANFORD PARK. WE'VE GOT A BIG DRIVEWAY THERE. THERE'S A LOT OF WORK THAT NEEDS TO BE DONE IN THIS SECTION OF EAST UNIVERSITY DRIVE, AND THAT WILL PERMEATE INTO THE BIENNIAL BUDGET NEXT YEAR, LIKELY UNLESS WE COME FORWARD SOONER WITH A PROJECT BASED ON THE IMMEDIATE IMPACTS FOR THIS PARTICULAR DEVELOPMENT. AT THAT INTERSECTION, $1.2 MILLION WAS THE FORECASTED AMOUNT THAT IT WOULD COST BASED ON OUR PROJECTED YEAR OF CONSTRUCTION. THAT'S WHERE WE GOT THIS 368,000 AS A PERCENTAGE OF THAT IN THE FRESH AIR. SCOTT, YOU ARE SAYING IT'S IN THE CIP? IT'S NOT IN CIP. OKAY. THERE WE GO. I'M JUST SAYING THAT THAT WAS THE BASE. I JUST WANT TO MAKE SURE IT'S CLEAR BECAUSE THAT NUMBER IS IN THE AGREEMENT. BUT IT'S THAT'S WHAT THE BASIS OF THAT WAS FOR THE CIP PROJECT IS, IS, IS A BIGGER PROJECT THAT'S NOT FULLY SCOPED. I GUESS I'M CONFUSED. OKAY. THE, THE LARGER PROJECT THAT THIS IS GOING TO BE A PART OF IS NOT IN THE BUDGET YET, NOT IN THE BUDGET, BUT IT'S A $1.2 MILLION EFFORT. NO, NO SIR. THE, THE IMPROVEMENTS AT KENT AND EAST UNIVERSITY DRIVE IS ESTIMATED TO COST $1.2 MILLION. WE HAVE A BIGGER PROJECT THAT WOULD ACTUALLY GO FROM GLEN TO THE TERMINUS OF PREVIOUS WORK DONE AT AN INTERSECTION ON EAST UNIVERSITY DRIVE THAT WOULD COST MORE. I DON'T KNOW HOW MUCH YET, BECAUSE I'M GOING TO GIVE YOU, GIVE IT TO YOU AND NOT ENGINEER SPEAK. BUT HE'S TRYING TO SAY IS 1.2 MILLION IS IMPROVEMENTS THAT ARE NEEDED RIGHT AT KENT AND EAST UNIVERSITY DRIVE. THE CITY IS RESPONSIBLE FOR THE REST OF THE 1.2 MILLION MINUS WHAT'S IN THE DEVELOPMENT AGREEMENT, BECAUSE OF EXISTING TRAFFIC CONDITIONS THAT ARE HERE TODAY THAT WE WE DO NOT CHARGE THE DEVELOPER FOR THE PROJECT IN TOTALITY WILL BE MUCH LARGER THAN 1.2 MILLION AND WILL RUN FROM ANNA LOU TO GLEN, AND IT'S NOT IN THE CIP AT THE MOMENT. IT'S JUST A COINCIDENCE THAT THE CIP NUMBER ON PAGE 274 IS ALSO 1.2 MILLION FOR NORTH EAST UNIVERSITY. NORTH DEAN AND EAST UNIVERSITY DRIVE IS DONE. THAT'S THE DOUBLE LEFT TURN. PROJECT AT 1.2 MILLION IN THE. IN THE BUDGET FOR. IN THE CIP. SO THIS OTHER 1.2 MILLION IS NOT IN THE CIP. [01:05:01] IS THAT WHAT WE'RE SAYING? CORRECT. CORRECT. AND IT WILL BE MUCH BIGGER THAN 1.2 MILLION IN THE LARGER SCOPE OF THE PROJECT. OKAY. SO ANOTHER ANOTHER BUDGET THING IS CLEAR AS MUD TO ME. SO. OKAY. THANK YOU. I DID HAVE A QUESTION ON THE ON THE 1.2 SCOTT. I THINK YOU SAID IT IS THE IT'S A FUTURE PROJECTED NUMBERS. WELL IT IS. I MEAN, WE'VE TAKEN INTO CONSIDERATION THE PROJECTS NOT BUT A FEW YEARS DOWN THE ROAD. SO THERE'S OBVIOUSLY INFLATIONARY INCREASES THAT COULD TAKE PLACE IN THAT TIME PERIOD. THAT'S CORRECT. WHEN WE'RE LOOKING AT LOOKING AT OUR CIP, WE TRY TO YOU KNOW, WE LOOK AT OUR CURRENT COST ESTIMATE BASED ON WHAT IT WOULD COST TODAY. WE FORECAST THAT BASED ON INFLATION TO THE YEAR OF CONSTRUCTION, SO THAT WE CAN TRY TO ACCOMMODATE FOR POTENTIAL FUTURE COSTS, NOT BASING EVERYTHING ON TODAY'S COST. OKAY. AND ONE OTHER QUESTION ON THE DENNY PARK PIECE THAT THERE THE WATER RUNOFF AND INFRASTRUCTURE IMPROVEMENTS THAT THEY'RE BRINGING, THAT THE TRAIL BACK UP TO STANDARD, THE RUNOFF THAT'S GOING THROUGH THERE, THEY'RE GOING TO PIPE THAT FURTHER DOWN INTO DENNIS, WHO'S RESPONSIBLE FOR THAT INFRASTRUCTURE KIND OF GOING FORWARD AFTER AFTER THE PROJECT IS COMPLETE. SO THEY'RE RESPONSIBLE TO CONSTRUCT THAT BECAUSE IT'S GOING TO BE ON OUR PROPERTY. THERE'S GOING TO BE A MANHOLE AT THE PROPERTY LINE. WE'RE GOING TO TAKE OVER MAINTENANCE ON OUR PROPERTY SO THAT WE CAN MAINTAIN IT AND NOT HAVE TO RELY ON CALLING SOMEBODY ELSE IN IF SOMETHING HAPPENS. BUT, YOU KNOW, CURRENTLY THAT FLOW MAJORITY OF IT SHEET FLOWS BECAUSE OF DETENTION PONDS, THEY'RE GOING TO CONCENTRATE SOME OF THAT. WE WANT TO DO THIS PROJECT OR WE WANT THEM TO DO THIS WORK IN ORDER TO PROTECT OUR TRAIL. THE BULK OF THE OF THE RUNOFF FROM THIS PROJECT WILL BE DETAINED IN THEIR IN THEIR OWN DETENTION PONDS. YES. WE'RE NOT ANTICIPATING IT COMING THROUGH IN ANY KIND OF WAY. THAT'S CORRECT. AND WE'RE JUST TRYING TO PROTECT OUR ASSETS BY MAKING THEM PIPE THAT THROUGH. YES. OKAY. THAT WAS THE CRUX OF THE QUESTION. PROTECTING THE PARK. THANK YOU. ALL RIGHT. ANY FURTHER DISCUSSION? ALL RIGHT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? AND THE MOTION CARRIES. ITEM EIGHT E SIX ACCEPTS PUBLIC RIGHTS OF WAY AND EASEMENTS FROM JOHN AND ELIZABETH [8.e.6. John and Elizabeth Schumacher and Charles G. Solomon, KS Huntley, LLC. Accept public rights-of-way and easements. Heard Subdivision #2, Redivision of Lot 11-A and Second Addition Redivision of Lot 24. Property located at 915 and 945 Moores Mill Road.] SCHUMACHER, CHARLES G. SOLOMON K.S. HUNTLEY LLC FROM HIRD SUBDIVISION RE DIVISION OF LOT 11 A AND SECOND EDITION RE DIVISION OF LOT 24 FOR PROPERTY LOCATED AT 915 AND 945 MOORES MILL ROAD. MOVE FOR APPROVAL. SECOND. WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? YES, MA'AM. YES. JUST FOR THE SAKE OF CLARIFICATION AND CLARITY FOR THE CITIZENS. THESE ARE NOT SMALL LOTS. THEY ARE CURRENTLY THERE ARE CURRENTLY TWO LOTS WHICH WOULD BE DIVIDED INTO FOUR. AND THE TWO LOTS ARE ABOUT FOUR ACRES. SO EACH BY MY CALCULATION, EACH LOT WILL BE ABOUT 125FT WIDE BUT 400FT DEEP. SO THAT'S ABOUT, I GUESS, HALF AN ACRE. NO, IT'S AN ACRE FOR EACH LOT. AFTER THE DIVISION. RIGHT. AND ALL WE'RE DOING, WE'RE ACCEPTING SOME EASEMENTS AND RIGHTS OF WAY. YOU SAW THE SUBDIVISION PLAT IN YOUR PACKET, BUT WHAT'S FOR CONSIDERATION IS JUST THE DEDICATION OF EASEMENTS AND PUBLIC RIGHT OF WAY FOR THAT. RIGHT. AND THIS IS WHERE I WANT TO BE CLEAR, BECAUSE THE PROPERTY OWNERS HAVE HAD AN INTEREST IN HAVING FOUR DRIVEWAYS AND THEY WILL NOT HAVE FOUR DRIVEWAYS, THERE WILL BE TWO DRIVEWAYS. QUESTION. OR WILL THERE BE FOUR CURB CUTS? ABSOLUTELY NOT. THAT IS A VERY HIGH VOLUME ROAD AND BASED ON THE SPEEDS ON THAT ROAD AND SO ON, THE TWO DRIVEWAYS THAT ARE THERE WILL REMAIN, BUT THERE WILL NOT BE TWO MORE. OKAY. THANK YOU. ANY FURTHER DISCUSSION? I HAVE A MOTION. AND SECOND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? THE MOTION CARRIES. ALL RIGHT. LET ME GET BACK TO ORDINANCES. WELL, WE NEED TO. OH, YEAH. BALANCE OF CONSENT. YES. SORRY ABOUT THAT. ALL RIGHT. WE HAVE THE BALANCE OF THE CONSENT AGENDA. DO I HAVE A MOTION? MOVE TO APPROVE. SECOND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? AND THE CONSENT AGENDA IS APPROVED. ALL RIGHT. NOW ORDINANCES ITEM NINE A AUTHORIZES A MORATORIUM ON THE CONDITIONAL USE APPROVAL OF NEW LOUNGES WITHIN THE URBAN CORE, [9.a. Moratorium on the conditional use approval of new lounges within the Urban Core, Urban Neighborhood-East, and Urban Neighborhood-West zoning districts. Postponed from September 15, 2026.] URBAN NEIGHBORHOOD EAST AND URBAN NEIGHBORHOOD WEST ZONING DISTRICTS. THIS ITEM WAS POSTPONED FROM THE SEPTEMBER 15TH MEETING, AND MAIN MOTION IS IN ORDER AND A PUBLIC HEARING IS REQUIRED. PUBLIC HEARING IS NOT REQUIRED. SORRY. THANK YOU. FOR GOD. IT'S NOT A ZONING ORDINANCE ITEM. YES. DO I HAVE A MOTION? MOVE FOR APPROVAL. SECOND. ALL RIGHT, WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? YES, MA'AM. YES. THIS DOES NOT INCLUDE URBAN NEIGHBORHOOD SOUTH. DID WE CONSCIOUSLY DECIDE NOT TO INCLUDE URBAN NEIGHBORHOOD? [01:10:02] THAT'S CORRECT. BECAUSE LOUNGES ARE NOT ALLOWED IN URBAN NEIGHBORHOODS SOUTH. AND ALSO A QUESTION ON TERMS I KNOW NOW THE DIFFERENCE IN A LOUNGE AND A RESTAURANT THAT SERVES ALCOHOL. DOES THE TERM LOUNGE INCLUDE A BAR? SAME THING. OKAY. IT'S THE SAME. IT'S SYNONYMOUS BASICALLY MEANS A MAJORITY OF EVERYTHING THEY'RE DOING IS SERVING ALCOHOL. THEY COULD HAVE A FEW SNACKS OR WHATEVER, BUT IT'S THE 51% RULE OF, OF FOOD VERSUS ALCOHOL, BASICALLY. SO THEORETICALLY, SONNY, EVEN IF YOU SERVE SANDWICHES AND CHEESEBURGERS AND WHATEVER ELSE. BUT MORE THAN 51% OF YOUR REVENUE IS DERIVED FROM THE SALE OF ALCOHOL. YOU TECHNICALLY ARE A LOUNGE OR A BAR. ANY LOUNGE APPROVALS IN THESE NEIGHBORHOODS ARE CONDITIONAL USES. IS THAT CORRECT? THAT'S CORRECT. OKAY. AND AS PART OF THE CONDITIONS ON THOSE CONDITIONAL USES AS PART OF APPROVAL AND THOSE CONDITIONAL USES IS THE ABILITY TO LIMIT CAPACITY OR OCCUPANCY. A CONDITION THAT WE CAN PLACE UPON THOSE PROPERTIES FOR APPROVAL FROM THE HEALTH SAFETY WELFARE PERSPECTIVE, BECAUSE CONDITIONAL USES HAVE SPECIFIC AND APART DIFFERENT THINGS FROM SUBDIVISIONS AND HEALTH SAFETY WELFARE ITEMS, BECAUSE I DON'T WANT THEM CONFUSED AS OUTLINED IN THE ZONING ORDINANCE. I'LL HAVE OUR CITY ATTORNEY SPEAK TO YOUR ABILITY TO DO THAT. SO LONG AS ANY CONDITION THAT IS PLACED ON THE CONDITIONAL USE APPROVAL IS EVIDENCE BASED, THAT THERE IS SOME HEALTH, SAFETY AND WELFARE REASON THAT IS BASED IN EVIDENCE. THE COUNCIL IS FREE TO PLACE THOSE CONDITIONS ON ANY CONDITIONAL USE APPROVAL, AND THAT WOULD INCLUDE CAPACITY FOR A LOUNGE IN THESE AREAS. IF A IF A AREA THAT WAS. IF IT WAS A LOUNGE BEFOREHAND, IT WAS APPROVED AS CONDITIONAL USE. CONDITIONAL USE RUN WITH THE LAND. OR IS THAT ONCE THE PROPERTY CHANGES HANDS, DOES THAT CONDITIONAL USE EXPIRE AT THAT PARTICULAR TIME OR. IT DEPENDS ON THE TIMING OF THE REORGANIZATION OR REOPENING OF THE VENUE. CONDITIONAL USE WOULD EXPIRE AFTER A PERIOD OF TIME. I BELIEVE THAT'S 18 MONTHS WITHOUT LOOKING AT THE ORDINANCE, BUT IT DOES EXPIRE AFTER A PERIOD. JUSTICE. IS THAT CORRECT? CONDITIONAL USE EXPIRES AFTER AFTER UPON VACANCIES AT 12. OR IS IT 18? YEAH. SO IT'S 12 MONTHS. WE'RE DEALING WITH THAT KIND OF ALL OVER TOWN. THAT'S SOMETHING THAT WE CLOSELY MONITOR WHEN WE SUSPECT THAT THAT A USE HAS BEEN DISCONTINUED SOMEWHERE WHERE YOU GO VERIFY THAT AND KIND OF MAKE SURE AND VERIFY THAT DATE THAT WE HAVE IT ON RECORD. THAT WAY WE CAN ENFORCE IT IF IT NEEDS TO COME BACK FOR CONDITIONAL USE, OR IF THERE IS A NON-CONFORMING STRUCTURE ALSO COUPLED WITH THE PROPERTY AS WELL. SO THAT'S SOMETHING THAT STAFF DOES MONITOR. SO YEAH, IF YOU HAD A VACANT LOUNGE AND THEY GO 12 MONTHS WITHOUT OPERATING THEN AND OPERATING GETS VERY COMPLICATED FROM A TAX PERSPECTIVE AND EVERYTHING ELSE, WHAT WE DEEM THAT, BUT SOMEBODY SHOWING UP THERE AND HAVING A FEW BEERS WITH THEIR, THEIR FRIEND CALLING THAT OPERATING IS NOT IT, IF THEY'RE ACTUALLY SELLING BEVERAGES OR HAVING EVENTS OR THOSE KINDS OF THINGS, THAT COUNTS. OKAY. ANYTHING ELSE? NOT FOR ME. I DON'T KNOW IF ANYBODY ELSE HAS ANYTHING. YES, SIR. HI. YES. I KNOW MORATORIUM KIND OF IS A NEGATIVE TERM TO A LOT OF FOLKS, AND UNFORTUNATELY, THAT'S THE ONLY TERM WE CAN THINK OF AT THIS POINT. THE OBJECTIVE IS TO DO A STRATEGIC PAUSE MORE THAN ANYTHING ELSE. AND IT'S JUST A PAUSE TO ALLOW THE CITY STAFF TO TAKE A LOOK AT OTHER COLLEGE COMMUNITIES TO LOOK AT THE THE PROBLEMS WE MAY OR MAY NOT HAVE THROUGH PUBLIC SAFETY CALLS, THAT KIND OF THING. SO THIS I HATE TO CALL THIS A MORATORIUM, BECAUSE IT REALLY IS JUST A PAUSE FOR US TO TAKE A LOOK AT IT. AND THAT PAUSE IS PROPOSED TO TO GO THROUGH MARCH 3RD, WHICH I DON'T THINK IS UNREASONABLE. WE HAVE LEARNED IN THE COURSE OF ALL THIS THAT THAT TUSCALOOSA, FOR EXAMPLE, AND I'M NOT HAPPY WITH THEM IN ONE WAY OR ANOTHER, BUT THEY HAVE A LIMIT OF LIKE 250 FOR NEW LOUNGES. AND WE HAVE BASICALLY NO LIMIT FOR ONLY BY BUILDING SIZE. YOU'RE CORRECT. THERE'S NO CAPACITY LIMITATION BY ADOPTED BY THE COUNCIL, ONLY BY BUILDING SIZE AND ONLY BY OUR ABILITY TO OR THEIR ABILITY TO PROVIDE FIRE PROTECTION AND THAT KIND OF THING. AND I THINK WE HAVE SEEN A NUMBER OF, PUBLIC SAFETY RESPONSES TO SOME OF THE LOUNGES IN TOWN. AND I DON'T HAVE ANYTHING AGAINST LOUNGES, BUT I DO HAVE A PROBLEM WITH HAVING MASSIVE LOUNGES, AND I THINK THIS IS A GOOD TIME FOR US TO JUST TAKE A, AGAIN, A PAUSE TO ALLOW US TO TAKE A HARD LOOK AT IT. SO THAT'S MY THINKING ABOUT THIS MORATORIUM. ANYONE IF THIS COUNCIL WERE TO CHOOSE NOT TO MOVE FORWARD WITH WITH THE MORATORIUM, WE COULD STILL WE COULD STILL GIVE STAFF GUIDANCE THAT WE THAT WE STILL WANT TO [01:15:10] EXPLORE. LOOKING INTO HOW WE, HOW WE TREAT LOUNGES IN THE FUTURE AND WHETHER OR NOT THERE ARE ANY ADDITIONAL LIKE HEALTH AND SAFETY MEASURES THAT WE WANT TO. THAT'S CORRECT. THIS IS A TOOL. THE PAUSE IS A TOOL. STAFF BROUGHT THIS FORWARD AND THIS IS BASED ON SENTIMENT OF THE COUNCIL, COMBINED WITH PUBLIC SAFETY CALLS. AND WHAT I MEAN BY SENTIMENT IS, OVER THE YEARS, COUNCIL WILL ASK A LOT OF QUESTIONS ABOUT THIS, COMBINED WITH PUBLIC SAFETY CALLS. BUT THE DECISION IS YOURS. YOU DO HAVE CONDITIONAL USE AUTHORITY. IF YOU DON'T CHOOSE TO APPROVE THIS PAUSE. IT WOULD BE APPRECIATED BY THE STAFF IF WE UNDERSTOOD IF THE COUNCIL STILL WANTED US TO PURSUE REGULATORY FRAMEWORK OR NOT. THE STAFF CAN DO THE SAME WHETHER WHETHER THERE'S A FULL PAUSE OR NOT. YOU DO HAVE THE CONDITIONAL USE ABILITY. I THINK WHAT'S IMPORTANT IS, AS THE GOVERNING BODY AND POLICY MAKERS, THAT YOU HAVE A CHOICE OF WHETHER OR NOT YOU WANT TO ADDRESS THIS AT ALL AND HOW YOU WANT TO ADDRESS IT. IF YOU DO WANT TO ADDRESS IT VIA A MORATORIUM OR VIA THE CONDITIONAL USE AUTHORITY THAT YOU HAVE RIGHT NOW AND INSTRUCT STAFF WHAT YOU WOULD LIKE TO SEE MOVING FORWARD. ANY WHICH WAY. THIS JUST GIVES YOU CHOICES. I DO THINK THAT FROM MY LENS, TAKING A LOOK AT IT IS IMPORTANT. WE DO HAVE A GROWING COMMUNITY AND A SHIFT IN VARIOUS TYPES OF USES IN THE DOWNTOWN. HOWEVER, I DO HAVE SOME HESITATION WITH THE MORATORIUM FOR ITS USE IN THIS PURPOSE BECAUSE WE HAVE ANOTHER TOOL AND THAT'S THE CONDITIONAL USE AUTHORITY WITH WITH THE OTHER MORATORIUM THAT'S CURRENTLY ENFORCED AND, AND ENACTED. WE DIDN'T HAVE THAT CONDITIONAL USE AUTHORITY. AND ALSO IT'S A MUCH IN MY LENS, A MUCH, MUCH LARGER. ITEM TO, TO STUDY AND SO FORTH. AND I BELIEVE THAT AND JUST IN VARIOUS CONVERSATIONS THAT THIS COUNCIL WOULD DEFINITELY WANT STAFF TO MOVE FORWARD WITH SOME RECOMMENDATIONS. BUT MY PERSONAL OPINION IS THAT A MORATORIUM ISN'T NECESSARY FOR THIS PARTICULAR USE WHICH IS, WHICH ARE LOUNGES. THAT'S JUST MY PERSONAL LENS. ANY OTHER CONVERSATION? YEAH. I TEND TO FEEL THE SAME AS YOU ON, ON THAT ISSUE. I KNOW THAT OUR PLANNING STAFF ARE, ARE, SEEM TO BE FROM MY LENS SWAMPED WITH WORK. AND RATHER THAN ASK FOR PAUSES, PERHAPS IT'S A CONSIDERATION CONSIDERATION SOMEWHERE IN THE IN THE NEAR FUTURE TO TALK ABOUT STAFFING ITSELF, WHETHER OR NOT WE NEED TO INCREASE STAFFING TO ACCOMMODATE THE TYPE OF WORKLOAD THAT IS EVOLVING AS THIS CITY GROWS AND VARIOUS ISSUES COME BEFORE THEM. SEEMS TO ME THAT THE PAUSE IS COMES ABOUT BECAUSE OF THE WORKLOAD IN GENERAL. AND I DO AGREE WITH YOU IN TERMS OF THIS, COUNCIL STILL HAS A TOOLS IN THE TOOLBOX TO TO DEAL WITH ANY PROPOSAL THAT COMES BEFORE US THROUGH THE CONDITIONAL USE ASPECT OF THAT ZONING IN THAT PARTICULAR AREA. ANYONE ELSE? I HAVE ANOTHER QUESTION FOR FOR STAFF, FOR LEGAL, ACTUALLY. IS THERE, DO WE RUN INTO ANY KIND OF A PROBLEM ON CONDITIONAL USE IF WE HAVE A, A PRECEDENT ALREADY SET THAT THAT TYPE OF USAGE IS AVAILABLE OR HAS BEEN THERE IN THE PAST. NO. EACH CONDITIONAL USE IS DECIDED BY THIS COUNCIL ON ITS OWN MERITS. OKAY. THANK YOU. AS FAR AS IF WHETHER THIS PASSES OR NOT, IS THERE ANY KIND OF ESTIMATED TIMELINE OF DELIVERABLES? IF WE IF WE. I BELIEVE I DO WANT TO SEE THE STAFF LOOK INTO THIS ISSUE AND STUDY THIS ISSUE FURTHER. I AGREE WITH BETH AND BOB ON THAT. I JUST KIND OF WOULD LOVE TO KNOW A TIMELINE ON THE DELIVERABLES OF THIS, AND HOPEFULLY IT CAN BE SOMEWHAT EXPEDITED. EXPEDITED. YEAH, I THINK THAT THE TIMELINE WAS OUT THERE TO GIVE OPPORTUNITY BASED ON CERTAIN THINGS. THIS ONE TO COUNCILMAN PARSONS POINT, WE'VE ADDED PLANNING STAFF, WE'VE ADDED ENGINEERING STAFF, WE'VE BEEN DOING IT ON THE REGULAR IN A, IN A VARIETY OF WAYS. THERE'S NOT POSITIONS BEING ASKED FOR IN THOSE REALMS THAT I HAVEN'T BEEN WILLING TO ADD. THE BIGGEST CHALLENGE THAT WE HAVE SOMETHING LIKE THIS IS REALLY NOT A, A PLANNING EXERCISE. [01:20:02] IT'S A CAPACITY EXERCISE AND A RESEARCH EXERCISE. A GOOD BIT OF THAT RESEARCH HAS ALREADY BEEN DONE BY THE CITY ATTORNEY'S OFFICE. AND IT WILL TAKE A LOT OF COLLABORATION JUST BECAUSE WE'LL TURN OVER STONES WITH PUBLIC SAFETY, WITH INSPECTION SERVICES, WITH ALL THE DEPARTMENTS IMPACTED. BUT THE DRAFTING OF IT WILL MAINLY BE DONE BY THE CITY ATTORNEY'S OFFICE. SHOULD WE MAKE CHANGES TO TAKE THAT OFF TO PLANNING STAFF? JUSTICE OBVIOUSLY HAS A LENS ON IT, BUT WE'RE NOT GOING TO SADDLE THE PLANNING TEAM WITH WITH ANOTHER OBJECTIVE WITH THIS. THIS IS PRETTY STRAIGHTFORWARD. IT'S WE NEED TO GIVE THE COUNCIL SOME OPTIONS. HOWEVER YOU VOTE, IF YOU WANT US TO PROCEED WITH LOOKING AT A REGULATORY FRAMEWORK, YOU ALSO HAVE TO DECIDE, DOES THIS JUST APPLY IN THE DOWNTOWN? THIS IS WHERE WE HAVE THE BIGGEST THINGS. OR DO YOU WANT TO, YOU KNOW, APPLY IT CITYWIDE? I MEAN, THOSE ARE OTHER DISCUSSIONS TO COME. BUT JUSTICE, UNLESS I'M MISSING SOMETHING, IT'S NOT A PLANNING HEAVY EXERCISE. IT WILL TAKE TREMENDOUS AMOUNT OF TIME. NO NOT REALLY. OKAY. SO WOULD IT BE APPROPRIATE TO TO LOOK TOWARDS SETTING A WORK SESSION TYPE FOR THIS IN THE, I MEAN, I DON'T KNOW WHAT TIME FRAME THAT IS, BUT, YOU KNOW, JUST A WORK SESSION OF THE PROPOSAL COULD BE OR DO WE NEED TO BUCKLE UP? YOU GOT A LOT OF WORK SESSIONS COMING, BUT YES, AND I THINK WE'RE GOING TO HAVE TO HYBRID THEM AS WE'VE DONE BEFORE. IT'S LIKE YOU'VE GOT FOUR ITEMS AND WE'RE JUST GOING TO HAVE TO RUN THROUGH THEM. AND SO YEAH, WE CAN. PAUL, WE'RE YOU'VE DONE A GOOD BIT OF RESEARCH ON THIS. IF YOU WANT TO SPEAK TO THAT A LITTLE BIT. YEAH, WE'VE DONE A LOT OF LEGWORK SINCE THIS HAS COME ON THE AGENDA FOR THE CITY COUNCIL'S CONSIDERATION. I THINK IT WOULD BE REASONABLE TO EXPECT, YOU KNOW, SOMETHING BACK TO THE COUNCIL IN 45 TO 60 DAYS AT THE MOST. OKAY. HE'S A GUY THAT'S DONE THE RESEARCH. SO I WANTED HIM TO SPEAK TO THE TIME. UNDERSTOOD. SO, I MEAN, I DON'T KNOW IF THAT'S THE APPROPRIATE TIME TO ASK FOR THAT, BUT I THINK THAT SHOULD BE CONSIDERED, YOU KNOW, REGARDLESS IN THAT TIME FRAME THAT WE CAN WE'LL DO A DECEMBER 20TH WORK SESSION WILL BE GREAT. JUST KIDDING. THAT'S IT FOR ME. ANYONE ELSE? ALL RIGHT. LINDSAY WITH THE ROLL CALL. ADAMS. NO. NO, MA'AM. DAWSON. YES, MA'AM. GRISWOLD. YES, MA'AM. YES, MA'AM. PARSONS. NO. TAYLOR. YES. NO. ALL RIGHT. THAT'S 4 TO 4. AND SO THE MOTION FAILS. SO IF I MAY. YES. MAYOR PRO TEM WITTEN IS. I'VE GOT DIRECTION FROM THE COUNCIL. GENERALLY AGREES. YOU WANT US TO PURSUE THIS PER THE DISCUSSION THAT JUST TOOK PLACE. REGARDLESS IF THIS DIDN'T PASS, YOU STILL WANT US TO COME FORWARD WITH SOME REGULATORY TOOLS, IS THAT CORRECT? I WOULD THINK SO. IS THAT I'M GOING TO JUST GET A NOD FROM THE COUNCIL. YES, YES YES, YES. IT NEEDS TO BE THE WHOLE CITY THOUGH. I AGREE, WHAT WE WILL DO IS GET SOMETHING DRAFTED AND WE'LL WALK YOU THROUGH WHAT IT IS AND WHERE WE STAND AND WHY, AND WE'LL BE GLAD TO YOU. CAN YOU GET TO MAKE THE CHOICE? YOU'RE THE DECISION MAKERS. IT WILL. WE WILL GET SOMETHING GOING. THIS ULTIMATELY HAS TO BE VIEWED BY THE PLANNING COMMISSION AT A POINT IN TIME. BUT BECAUSE IT STARTED HERE, WE AT LEAST TALK WITH YOU ABOUT IT BEFORE WE SEND IT TO THE PLANNING COMMISSION AND BACK TO YOU, AND WE'LL GIVE YOU THOSE OPTIONS. THANK YOU. THANK YOU. ALL RIGHT. MAYOR PRO TEM WITTEN, ARE YOU READY FOR THE NEXT ITEM? [9.b. 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. Postponed from September 15, 2026.] YES, MA'AM. ITEM NINE B IS A REQUEST TO ANNEX APPROXIMATELY. OH, SORRY. IT'S NOT A REQUEST. THIS IS FOR A REZONING REQUEST. SORRY. USE MY OLD AGENDA. FOR PROPERTY AT 1400 NORTH COLLEGE STREET. TO REZONE FROM DEVELOPMENT DISTRICT HOUSING TO COMPREHENSIVE DEVELOPMENT DISTRICT. YOU HAD ANNEXED A PIECE OF THIS. SO YOU'VE GOT A PIECE OF PROPERTY SITTING RIGHT NOW IN RURAL AND A PIECE OF PROPERTY SITTING IN DH. THE REQUEST FROM YOUTH FOR CHRIST IS TO REZONE THE WHOLE THING. BOTH ZONES INTO CBD. A MAIN MOTION IS IN ORDER BECAUSE YOU HAD A GOOD BIT OF DISCUSSION AND THEN YOU POSTPONED IT AND THE PUBLIC HEARING WAS ALREADY HELD. HAVE A MOVE FOR APPROVAL. MOVE FOR APPROVAL. SECOND. I HAVE A MOTION FOR APPROVAL IN A SECOND. IS THERE ANY DESIRE TO REOPEN THE PUBLIC HEARING? WE'RE GOING TO HEAR FROM THE WE CAN ASK QUESTIONS IF WE NEED TO. YEAH. WE'RE GOING TO PUT IN THERE. APPLICANT. OKAY. WELL, WE CAN ASK THAT QUESTION OF THE APPLICANT. DO YOU WANT TO SO WE CAN DO THAT SEPARATE FROM A PUBLIC HEARING? WHY DO WE NEED TO DO. SURE. OKAY. ALL RIGHT. WE HAVE A MOTION SECOND. ANY CONVERSATION? DISCUSSION? I HAVE ONE COMMENT. ONE QUESTION, I GUESS. IS IT IS IT A COMMON PRACTICE FOR A PROPERTY TO BE REZONED FROM C TO DDH IN THIS CASE, WITHOUT PRESENTING A PLAN? IT IS NOT UNCOMMON. [01:25:02] SO ONE OF THE CHALLENGES YEAH, ONE OF YOUR CHALLENGES IS YOU'RE SUPPOSED TO LOOK AT ZONING ON ITS FACE FROM A FUTURE LAND USE PLAN PERSPECTIVE, YOU OFTEN SEE THINGS IN A SURROUNDING LAND USE PERSPECTIVE. YOU OFTEN SEE THINGS WITH A PROPOSAL ATTACHED, BUT THEORETICALLY, WHAT COULD GO? THERE IS A CONSIDERATION OF YOURS. BUT WHEN SOMEBODY PROPOSES AND SAYS, I'M GOING TO PUT THIS USE THERE. ONCE YOU APPROVE THEIR REZONING, THEY CAN PUT WHATEVER THE ZONE ALLOWS AND I'M. THERE IS NO. THIS APPLICANT IS NOT TRYING TO BAIT AND SWITCH THE CITY COUNCIL OR ANYTHING ELSE. THEY'RE TRYING TO SELL A PIECE OF PROPERTY, BUT I WANT TO BE CAREFUL WHEN WE. THERE OFTEN. COUNCILMAN MORMON ARE USES ATTACHED TO A REZONING, BUT WE ALWAYS WANT TO CAUTION THE COUNCIL. IT'S KIND OF LIKE CONDITIONAL USES. YOU GET ONE BITE AT THE APPLE. WHEN YOU'RE REZONING SOMETHING, YOU GET ONE BITE AT THE APPLE AND THAT IS. THERE IS NO GUARANTEE. WHATEVER ANYBODY PROPOSES, UNLESS YOU'RE IN A PLANNED DEVELOPMENT DISTRICT OR A PLANNED UNIT DEVELOPMENT, THAT THEY WILL PUT THEIR WHAT YOU THINK THEY'RE PUTTING THERE AND NOTHING TO THEM, MARKET CONDITIONS CHANGE, ETC.. SO SOMETIMES YOU SEE THAT AND SOMETIMES YOU DON'T. JUSTICE. DID YOU HAVE ANY OTHER. YEAH. SO I GUESS ON ON THIS ONE, WITH THIS ONE BEING THE REASON I KNOW THERE ARE QUESTIONS LAST TIME JUST KIND OF ABOUT SITE AREA AND WHAT COULD HE LOCATE THERE FROM A YOUTH STANDPOINT? I JUST WANTED TO ADD THAT THERE'S THEIR SITE AREA RESTRICTIONS ASSOCIATED WITH THIS ONE THAT THEY WOULDN'T BE ABLE TO MEET. AND I GUESS WE DO CHALLENGE WHEN WE DO GET I GUESS JUST NAKED REZONING REQUEST. I DON'T HAVE PLANS ASSOCIATED WITH THEM. OFTENTIMES, LIKE WE WILL ASK THAT THAT'S SOMETHING THAT COMES UP IN PLANNING COMMISSION. THAT'S SOMETHING THAT WE PRESS IN THE PRE APP. LIKE I STRESSED AT THE LAST MEETING, THIS IS JUST A SITUATION WHERE THEY'RE NOT ASSOCIATED WITH A DEVELOPER. THEY ARE REALLY JUST TRYING TO DIVEST OF THE PROPERTY. AND THIS IS ONE OF THE THINGS THAT CAME UP ON THEIR INITIAL ATTEMPT WHEN THEY WERE TALKING TO A REALTOR, A COMMERCIAL REALTOR, THAT THEY WERE ZONED FOR EXCLUSIVELY RESIDENTIAL USES, AND THEY WERE TRYING TO RECTIFY THAT ON THEIR END. IS THE APPLICANT PRESENT OR A REPRESENTATIVE? DO YOU MIND COMING FORWARD? THANK YOU. HELLO, COUNCIL. IF YOU'LL STATE YOUR NAME FOR US, PLEASE. SURE. ALEX MUNCIE, 1493 CAMBRIDGE CIRCLE. THANK YOU. I KNOW THAT THERE WAS AN EMAIL THAT YOU SENT EARLIER REQUESTING THAT WE POSTPONE THIS ITEM, AND THAT WAS OUT OF CONVERSATIONS ABOUT THE UNCERTAINTY OF THIS ITEM. WOULD YOU LIKE TO ADDRESS YOUR REQUEST FOR THAT? ABSOLUTELY. THE. AS MISS MCGOWAN SAID, THERE'S NOT A BAIT AND SWITCH GOING ON. YOUTH FOR CHRIST IS A, IT'S A NONPROFIT THAT IS NOT USING THIS BUILDING ANYMORE. AND INSTEAD OF CARRYING THE COST FOR THAT AS A NONPROFIT WANTS TO SELL THE BUILDING, SPOKE TO AN AGENT WHO ADVISED THEM THAT A, A CBD ZONING WOULD OPEN MORE DOORS FOR POSSIBLE SALES. AND SO KIND OF MAYBE PUT A CART BEFORE A HORSE AND WENT AHEAD AND APPLIED FOR THAT BEFORE LISTING IT. THE PROPERTY ITSELF, AS YOU'RE AWARE, IS ZONED, YOU KNOW, CBD ALL AROUND IT. THIS ONE, IT SITS AS A DDH KIND OF ON ITS OWN. SOUTH, NORTH AND EAST ARE ALL CBD. IT'S IN THE COMP PLAN FOR THIS TO BE IN THAT USE. IT WAS APPROVED UNANIMOUSLY BY PLANNING COMMISSION RECOMMENDED RECOMMENDED BY STAFF FOR THIS CHANGE. AS ALSO STATED LAST SESSION WITH THE ANNEX, THE THE PROPERTY, THERE WAS A PARCEL OF PROPERTY THAT HAD A LARGE SIGN I BELIEVE IS WHAT WE USE. A LARGE SIGN IS CORRECT. YES. A LARGE SIGN ANNEXED INTO THE CITY WHICH GIVES THE CITY SOME SOME MORE CONTROLS IN THE EVENT THAT THERE WERE SOME, SOMETHING THAT HAPPENED THERE. BUT BECAUSE OF THAT, THAT IS NOW A RURAL THAT IS ZONED RURAL, I BELIEVE. SO WE HAVE A SPLIT ZONE SITUATION. THE DESIRE WAS BECAUSE OF THERE IS NOT A PLANNED PURCHASER AT THIS POINT. YOUTH FOR CHRIST WAS GOING TO SEEK THE REZONE FOR THE COMMERCIAL LIST. IT TRY AND AND FIND A BUYER, AT WHICH POINT THE BUILDING ITSELF. I DON'T KNOW IF YOU'VE HAD A CHANCE TO LOOK. BUT AS MR. COTTON HAS SAID, A CREEK RUNS ALONG THREE OF THE BOUNDARIES. IT IS IN A FLOODPLAIN. THE BUILDING CURRENTLY AS CURRENTLY EXISTS, ACTUALLY THE I GUESS THE NORTHWEST CORNER OF IT IS IN THE FLOOD ZONE ITSELF. AND SO IT'S EITHER GOING TO HAVE TO BE USED AS IT CURRENTLY SITS AS A CHURCH BUILDING TYPE BUILDING. [01:30:05] OR IF SOMEONE WANTED TO COME IN UNDER A COMMERCIAL ZONE AND BUILD SOMETHING ELSE, THEY WOULD HAVE TO RAISE START ALL OVER. AND THE AVAILABLE DIMENSIONS TO DO SO ARE ARE PRETTY SMALL. BUT THE REASON COUNCILWOMAN WITTEN FOR THE REQUEST TODAY WAS WHAT YOUTH FOR CHRIST DOES NOT WANT IS FOR THERE TO BE A DENIAL HERE, BECAUSE THEN THEY WOULD NOT BE ABLE TO BRING IT BACK FOR ANOTHER YEAR IF THEY WERE TO GET A, A POTENTIAL PURCHASER THAT WANTED TO, IN THEIR CONTRACT, PUT A CONTINGENCY FOR A REZONE THAT SETS THEM BACK ANOTHER YEAR TO BE ABLE TO DO THAT. AND SO IN THE EVENT THE COUNCIL DOES NOT SEE FIT TO GRANT THE REZONE, WE ASKED THAT OR IF THEY WOULD LIKE SOME ADDITIONAL INFORMATION AND THE THOUGHT WAS USED FOR CHRIST COULD GO AHEAD AND LIST THE PROPERTY. IF THE COUNCIL WOULD BE WILLING TO EXTEND THE VOTE FOR 60 OR 90 DAYS, THERE MIGHT BE POTENTIAL PURCHASERS OUT THERE. AND THEN YOUTH FOR CHRIST CAN BRING TO YOU. THIS IS WHAT THE USE IS. AND SO THE REQUEST FOR THE EXTENSION WAS FOR THAT PURPOSE, SO THAT YOU WOULD HAVE THE ABILITY TO, TO KNOW WHAT WAS GOING ON. WHAT WE WITH THE YOUTH FOR CHRIST DOES NOT WANT THOUGH IS FOR THERE TO, YOU KNOW, BE A NEGATIVE VOTE, CAN'T REZONE IT WHEN THE WHOLE INTENT WAS TO TRY AND JUST OPEN UP WHO MIGHT BE ABLE TO PURCHASE IT BECAUSE IT'S NOT USING IT AND IT DOESN'T WANT TO END UP INADVERTENTLY CLOSE THAT WINDOW EVEN TIGHTER BECAUSE THERE'S NOW A YEAR LONG TIME BEFORE THEY CAN BRING THIS SO THAT HOPEFULLY EXPLAIN WHERE WHERE WE ARE IN THE POSTURE. THERE IS NO BAIT AND SWITCH. THERE IS NO KNOWN PURCHASER AT THIS TIME. BUT THE THOUGHT WAS IF, IF POSSIBLE, AND THE COUNCIL IS NOT, YOU KNOW, DOES NOT THINK THAT THEY WANT TO GRANT A REZONE IF THEY WERE WOULD EXTEND OR GIVE SOME TIME FRAME, WE COULD COME BACK. AND IF 60 TO 90 DAYS OR WHATEVER TIME FRAME, YOU ALL DECIDE THERE IS NOT A BUYER AND IT JUST HAS TO BE PULLED. THE APPLICATION PULLED ALL TOGETHER, IT'S UNDERSTOOD. AND WHOEVER COMES IN CAN THEN START THE PROCESS ALL OVER, GO THROUGH PLANNING, GO THROUGH AND COME BACK BEFORE YOU. BUT THERE'S NOTHING TO STATE NOW AS FAR AS A POTENTIAL USE OTHER THAN IT'S GOING TO BE PRETTY LIMITED NO MATTER WHAT, JUST BECAUSE OF THE SITE ITSELF AND WHAT'S ALLOWED THERE. I'D MAKE A MOTION TO POSTPONE THIS ITEM TO A DATE. CERTAIN OF ONE. I THINK IT'S THE FIRST MEETING IN JANUARY WOULD BE 90 DAYS, WHICH WOULD BE JANUARY 5TH. SO TO DATE CERTAIN OF ONE FIVE, 27 SECOND. SO I HAVE A MOTION, A SECOND FOR A POSTPONEMENT TO A DATE CERTAIN OF 1527. THAT'S A 90 DAY WINDOW. IS THAT ACCEPTABLE FOR THE APPLICANT? ABSOLUTELY. AND IF THE COUNCIL I DON'T KNOW WITH THAT WOULD IT BE POSSIBLE IF THERE IS A POTENTIAL BUYER BEFORE THAT? IT IS NOT. IF YOU POSTPONE TO A DATE, CERTAIN. OKAY. SO YOU CAN IT'S UP TO COUNCILMAN. YOU COULD GO SPLIT THE DIFFERENCE AND GO TO THE DECEMBER 15TH MEETING, WHICH IS TWO AND A HALF MONTHS. IT'S DECEMBER 1ST, DECEMBER 15TH. JANUARY 5TH JANUARY. LET'S STICK WITH THE 90 DAYS. ARE WE PERMITTED TO TAKE A STRAW VOTE? A NON-BINDING POLL OF THE COUNCIL. I'M NOT AWARE OF THE COUNCIL'S POWER TO DO THAT. IT'S A QUESTION I'VE NEVER LOOKED AT, BUT IT DOES NOT STICK OUT IN STATE LAW THAT THAT'S SPECIFICALLY CALLED OUT AS A PERMISSIVE RIGHT OF THE COUNCIL. I'M PERSONALLY IN FAVOR OF THE REZONING THAT YOU'VE ASKED FOR, THAT BEING IN MY WARD AND LOOKING AT THAT INTERSECTION AND THAT THAT PIECE OF PROPERTY. I SEE NO REASON FOR IT TO STAY AS IS. BUT AGAIN, I DON'T WANT TO BE THE ONE TO VOTE TO WITHHOLD YOUR YOUR OPTIONS IN THE FUTURE. SO THAT'S WHY I WAS WONDERING IF WE HAD A STRAW VOTE, IF ANYBODY ELSE IS IN SUPPORT OF IT. MAYBE I'LL SPEAK UP. WELL, WE ARE IN A DISCUSSION PERIOD AND IT'S WELL WITHIN EACH COUNCIL PERSON'S RIGHT TO HAVE A DISCUSSION AS TO WHAT HOW THEY FEEL OR ABOUT THIS. SO THAT WOULD BE AN INADVERTENT WAY TO INDICATE IF HOW THE VOTE WOULD GO. I'M MORE COMFORTABLE WITH THE 90 DAY WITH THE 90 DAY POSTPONEMENT. I'M GOOD WITH KELLY HE'S LAST MEETING. I WANT TO GO ON WHAT HE WANTS TO DO. I JUST WANT TO PUT OFF EVERYTHING SO THAT WHEN I'M GONE, YOU'LL HAVE NO PROBLEM. [01:35:02] I THINK THE HESITATION FROM MY VIEWPOINT IS THAT THE SEED IS THE MOST PERMISSIVE ZONE THAT WE HAVE, AND WHILE IT IS A LIMITED LOT, IT DOES SIT IN A VERY UNIQUE POSITION ON NORTH COLLEGE, RIGHT NEAR AN INTERSECTION. AND IT ALSO THERE ARE VERY CREATIVE INDIVIDUALS OUT THERE. AND EVEN THOUGH THE SPACE THERE IS A BUILDING THERE, I'M JUST HESITANT WITHOUT KIND OF HAVING A DIRECTION AS TO WHAT, WHAT IT COULD BE IN THE FIRST GO ROUND, ALBEIT IF IT COMES BACK TO US WITH A PURCHASER AND IT IS SUITABLE AND IT DID GET REZONED, IT STILL DOESN'T CHANGE THE FACT THAT THAT PERSON COULD SELL IT FOR AN ADDITIONAL USE DOWN THE ROAD. SO I JUST THE CBD ZONE IS VERY PERMISSIVE AND IT MAKES ME UNCOMFORTABLE TO BLANKETLY REZONE SOMETHING WITHOUT AN UNDERSTANDING OF WHAT COULD GO THERE JUST BECAUSE OF THE POSITION OF THE LOT. THAT'S MY OPINION BASED OFF MY EXPERIENCE. I'VE GOT CBD TRAUMA FROM FROM THE PERMISSIVITY AND THAT'S THAT'S AFFECTED WARD FOUR. SO COULD YOU RESTATE WHAT YOU SAID EARLIER ABOUT IF SOMEBODY COMES BEFORE THE COUNCIL AND GETS CONDITIONAL USE? I THINK IN A CBD ZONE, THEY DON'T HAVE TO DO THAT. THAT'S NOT WHAT YOU SAID. WHAT I WANT YOU TO UNDERSTAND IS WHEN YOU REZONE A PROPERTY, THE PROPERTY OWNER HAS THE RIGHT TO DO ANYTHING THAT ZONE SAYS. SO IF THEY HAVE A TANDEM APPLICATION FOR CONDITIONAL USE APPROVAL OR JUST TELL YOU PERMITTED BY RIGHT, I'M GOING TO DO SOMETHING. IT DOESN'T MEAN THEY HAVE TO DO IT. REALLY. SO IF THEY COME BEFORE US AND SAY, WE'RE GOING TO DO THIS, IT'S NOT BINDING. A CONDITIONAL USE IS NOT BINDING UPON THE LAND. THE ZONING IS AND VARIANCES ARE BINDING AND RUN WITH THE LAND. THE CONDITIONAL USES DO NOT. THEY RUN, AS WE KIND OF DISCUSSED EARLIER IN INCREMENTS. I'M JUST TELLING YOU, PEOPLE GET APPROVAL FOR THINGS EVERY DAY. AND AND AGAIN, NO ILL INTENT. THE APPLICANT. I WANT TO BE SURE THAT THIS ISN'T THIS IS FOR THE COUNCIL TO UNDERSTAND. ONCE YOU'VE REZONE SOMETHING, YOU CAN'T UNDO IT EASILY. YOU COULD THEORETICALLY DO MAP AMENDMENTS AND WHATEVER. BUT WHEN YOU GIVE SOMEBODY THE CBD ZONE, DDH OR ANYTHING ELSE, THEY CAN DO WHATEVER THAT ZONING ALLOWS THEM TO DO OR REQUEST WHATEVER IT ALLOWS TO DO, DESPITE WHAT THEY TELL YOU IN A MEETING OR WHAT OTHER APPLICATIONS ARE BEFORE YOU. NONE OF THAT'S BINDING IN A PLANNED UNIT DEVELOPMENT DISTRICT, A PUD OR A PLANNED DEVELOPMENT DISTRICT, A PD D IT IS A LITTLE MORE BINDING. IS THIS PROPERTY, WOULD IT QUALIFY FOR A POD OR A PD D A PUD? IS THAT CORRECT, JUSTICE. YES, YES, IT WOULD QUALIFY FOR A PUD BECAUSE PUDS DO NOT HAVE THEY DO NOT HAVE SLOT MINIMUMS. AND SO THE MINIMUM ON A PDE IS TEN ACRES WHICH THIS DOES NOT MEET. AND SO THE PUD WAS CRAFTED INTENTIONALLY TO NOT HAVE A LOT MINIMUM FOR SOME OF THESE UNIQUE PARCELS THAT DIDN'T REALLY MEET LOT SIZES THAT WE HAD TO USE CONCERNS ON, BUT THROUGH A PLANNED UNIT DEVELOPMENT ASPECT, THEY WOULD STILL, WE WOULD STILL, AS A COUNCIL HAVE TO REZONE THE ONE PARCEL FROM RURAL TO CBD AND THEN APPROVE A PUD WITH THE LIMITED USES. YEAH. OKAY. YEP. THAT'S CORRECT. AND THAT WOULD GIVE THIS COUNCIL MORE CONTROL OVER WHAT COULD AND COULDN'T GO THERE. YES. AND SO IF AN APPLICANT WANTED TO IN THIS CASE, IF THE APPLICANT WANTED TO COME BACK. DO THEY HAVE TO GO BACK THROUGH THE PLANNING PROCESS FOR PUD. YES. YES THEY WOULD. OKAY. SO IF THE 90 DAY WINDOW WOULD GIVE THEM SOME OPPORTUNITIES TO. IF A BUYER WAS OUT THERE TO COMMUNICATE TO THE MARKET THAT IF YOU HAVE A USE THAT IS ACCEPTABLE OR WOULD FEEL ACCEPTABLE, THEN TO COME BACK AND THEN THEY COULD START THE PROCESS AND, AND WITHDRAW THIS APPLICATION. YES, THEY COULD THEY COULD MAKE MAKE THE THEY COULD REQUEST TO WITHDRAW THIS APPLICATION AND TALK TO STAFF AND HAVE A MEETING AND THEN MAKE IT VERY CLEAR THAT THEY WANT TO PURSUE THE PUD PROCESS FOR THEIR PROPERTY. AND THEN THAT WAY THEY CAN HAVE DEFINED USES THAT THAT THE COUNCIL COULD BE COMFORTABLE WITH. THERE ARE USES THAT COULD THAT COULD POTENTIAL SUITORS COULD USE OR COULD WANT FOR THE PROPERTY, A CHURCH OR SOMETHING LIKE THAT, THAT DON'T REQUIRE THE SEED SO THAT WE COULD POSSIBLY BE LOOKING AT A DIFFERENT ZONING CHANGE DOWN THE ROAD IF IF THE POTENTIAL SUITOR OR SOMEBODY ELSE. CORRECT. ABSOLUTELY. I MEAN, EVEN CURRENTLY UNDER THE DDH LIKE A CHURCH, FOR EXAMPLE, IS A CONDITIONAL USE. YOU KNOW, IT'S NOT PERMITTED BY. RIGHT. CONDITIONAL USE THE PERMITTED USES ARE RESIDENTIAL, WHICH I DON'T THINK ANYBODY WANTS THERE, BUT BUT YEAH, ABSOLUTELY LIVE BELOW THE BIG SIGN. THE BIG SIGN. THAT'S RIGHT. YES. MORE QUESTIONS FOR THE APPLICANT. SO IT'S YOUR POSITION. YOU WOULD PREFER POSTPONEMENT. IS THAT WHAT I'M HEARING? YES. OKAY. THANK YOU. [01:40:01] YES. IF THE STRAW VOTE IS NOT. YEAH. NO. ABSOLUTELY. ALL RIGHT. THANK YOU. THANK YOU. THANK YOU. I APPRECIATE YOUR WILLINGNESS TO BE FLEXIBLE ON THIS AS WELL. I TEND TO SHARE COUNCILMAN ADAMS FLIGHTINESS ON THE ACTUAL ZONING. AND I DO APPRECIATE YOUR WILLINGNESS TO LOOK FOR A CREATIVE SOLUTION. AND I'M SATISFIED WITH THE, THE PROPOSAL THAT YOU'VE PUT FORWARD. OKAY. SO WE HAVE A MOTION AND A SECOND FOR A MOVE TO POSTPONE TO A DATE CERTAIN OF 1527. ANY FURTHER CONVERSATION? ALL RIGHT. DO WE NEED 15271527. SO NEXT YEAR JANUARY. CORRECT. FIRST MEETING IN JANUARY. DO WE NEED A VOICE VOTE ON THAT SINCE IT'S ORDINANCE? SHOULD WE. YOU CAN VOICE VOTE ON THE POSTPONEMENT. OKAY. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? ALL RIGHT. THE MOTION CARRIES. RESOLUTION. YES, PLEASE. [10.a. Vacation. Bison Trust. Prosper at Plainsman Lake Sewer Easement. Property located at 1803 Kenai Pass. Postponed from September 15, 2026.] ITEM TEN. A SENTENCE TO THE VACATION OF A PORTION OF A PUBLIC SANITARY SEWER EASEMENT LOCATED AT 1803. CAN I PASS? AND ALSO AUTHORIZES THE MAYOR AND CITY MANAGER TO EXECUTE A QUITCLAIM DEED CONTEMPLATED BY THIS VACATION. SODOM WAS POSTPONED FROM THE SEPTEMBER 15TH MEETING. A PUBLIC HEARING WAS HELD AND THERE IS A MOTION FOR APPROVAL ON THE FLOOR WITH COUNCILMAN PARSONS MAKING THAT. AND MAYOR PRO TEM WITTEN SECONDING IT. ALL RIGHT, WE HAVE A MOTION. AND SECOND. IS THERE ANY DISCUSSION? I'M SORRY, WHICH ONE ARE WE ON? ON TEN A, UNDER RESOLUTIONS. I JUST HAD A QUICK QUESTION. YES, SIR. AND THIS IS JUST A TECHNICAL THING, BUT NOTARY PUBLIC, THE SIGNATURE SAYS NOTARY PUBLIC STATE OF ALABAMA. AND YET THE NOTARY STAMP IS COLUMBUS, GEORGIA, MUSKOGEE COUNTY. IS THAT A PROBLEM? SOMETHING THAT THESE ARE THE DRAFT DOCUMENTS. AND SO WE CAN EASILY CORRECT THAT IN THE REGULAR DOCUMENTS AND MAKE THEM REDO IT. OKAY. WE'LL MAKE SURE THAT THAT WOULD BE A PROBLEM. WE'LL MAKE SURE THAT'S CORRECTED. THAT'S VERY IMPRESSIVE. GOOD CATCH ON THAT. YOU STILL GOT IT. YOU STILL GOT IT. THAT'S RIGHT. OKAY. ASK A QUESTION. YES. WHY DOES THE CITY NOT NEED THIS EASEMENT? WHO WILL OWN THE SEWER AND BE RESPONSIBLE TO MAINTAIN IT? SO I'LL HAVE ERIC CARSON CAN SPEAK TO WHY WE DON'T NEED IT. THERE IS NO SEWER IN IT, OR WE WOULD NEED IT. AND THERE'S NOT PLANNED TO BE ANY SEWER IN IT. IS THAT IT? ERIC? OKAY. BUT I DO WANT TO TAKE THIS. COUNCILMAN MORMON SEPARATE AND APART. THE ADJOINING PROPERTY OWNER HAD A DRAINAGE ISSUE AND RAISED CONCERNS AT THE LAST MEETING. WE CAN HAVE, I DON'T KNOW, MICHAEL, ARE YOU GOING TO SPEAK TO THIS CITY? ENGINEER IS GOING TO SPEAK TO HIS STAFF HAS MET OUT THERE WITH THE WITH THE ADJOINING PROPERTY OWNER HAD THE DRAINAGE CONCERNS WHICH ARE CONFUSING, BUT IT'S SEPARATE AND APART. IT'S DUE TO ADJACENT CONSTRUCTION AND NOT REALLY ABOUT THE EASEMENT ITSELF. MICHAEL. THAT'S CORRECT. STAFF INITIATED A REQUEST TO MEET ON SITE MET ON SITE WITH THE DEVELOPER ADJACENT TO THE PROPERTY. NOTICE SOME ADDITIONAL RUNOFF FROM BASICALLY CLEARING. THEY'RE TRYING TO DEVELOP THAT PORTION OF THE SITE. THE DEVELOPER IS INDICATED THEY WILL WORK WITH US TO ADDRESS THAT RUNOFF AND OTHER ITEMS RELATED TO THIS, NOT THIS EASEMENT PER SE, BUT THE DRAINAGE PIPE BETWEEN THE PROPERTY LINES. THAT'S WHAT WE WERE LOOKING AT WITH THE OWNER OF THAT PROPERTY. BUT WE HAVE MADE CONTACT AND WE WILL KEEP IN TOUCH AS WELL AS IT CONTINUES TO DEVELOP. ANY FURTHER DISCUSSION? ALL RIGHT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? THE MOTION CARRIES. ITEM TEN B AUTHORIZES A TAX ABATEMENT FOR MAXIM SOLUTIONS, LLC TO BE LOCATED AT 967 STAGE ROAD. [10.b. Tax abatement. Maxim Solutions, Auburn LLC. 967 Stage Road.] COMPANY ANTICIPATES HIRING 50 NEW EMPLOYEES OVER THE NEXT FOUR YEARS AND PLANS TO INVEST APPROXIMATELY $1.36 MILLION. MOVE TO APPROVE. SECOND. WE HAVE A MOTION, A SECOND. ANY DISCUSSION? YES, MA'AM. YES. WE HAVE, AS I UNDERSTAND IT NOW, THIS WILL BE THE THIRD RFID FACILITY. AND TWO OF THEM I THINK ARE WITH THE UNIVERSITY. AND THIS IS A PRIVATELY OWNED. AND I GUESS THAT THEY'LL ALL BE WORKING TOGETHER IN THIS TO DEVELOP. WE HAVE MR. DUNLAP ADDRESS THAT REAL QUICK BECAUSE, YOU KNOW, YOU WANT TO GET UP. PHILIP, IT'S GOOD FOR YOU. IT'LL DO YOU GOOD TO STRETCH. PHIL. YEAH. WHAT THIS ACTUALLY IS. YOU HAVE THE MAIN RFID CENTER, WHICH WE'RE THE IDB IS CURRENTLY BUILDING IN PARTNERSHIP WITH A U ON CAMPUS. THAT'S ABOUT 98,000FT². THAT'S STRICTLY A RESEARCH FACILITY. THEY HAVE CERTAIN PARTNERS, DELTA, MCDONALD'S, WALMART, THEY THEY'LL ACTUALLY HAVE FACILITIES WITH DELTA WILL ACTUALLY HAVE A FUSELAGE IN ONE OF THE ONE OF THE BUILDINGS WHERE THEY TRAIN HOW, WHERE THEY PUT RFID IN CONJUNCTION WITH THAT. [01:45:07] THEY HAVE AN INTERNATIONAL COUNCIL, AN INTERNATIONAL INTERNATIONAL BOARD OF DIRECTORS. AND THIS IS NOT THE FIRST COMPANY INVOLVED IN RFID LABELS THAT WE RECRUITED. WE WORKED VERY HARD ON A FRENCH COMPANY FOR ABOUT A YEAR, AND ULTIMATELY IT DIDN'T LOCATE HERE. THIS IS A TAIWANESE OWNERSHIP. THEY WANTED TO BE IN. THEY WERE VERY INTERESTED IN BEING IN AUBURN BECAUSE THEY WANTED TO BE IN PROXIMITY TO THE RESEARCH FACILITY, SO THEY CAN STAY ABREAST OF THE LATEST OPPORTUNITIES IN RFID. AT THE SAME TIME, IT'S A KNOWLEDGE BASED TYPE COMPANY WHERE THEY DESIGN THEIR TAGS, THEY SELL THOSE TAGS INTO COMMERCIAL USES. AND IT'S REALLY AMAZING WHEN YOU SEE THIS. JUST ABOUT EVERYTHING YOU HAVE, YOU HAVE THAT LITTLE BARCODE AND IT MIGHT HAVE A CHIP IN IT. IT'S, IT'S REALLY AMAZING. SO THESE, THESE GUYS ARE, WE'VE GOT 1 OR 2 OTHERS THAT WE'VE ACTUALLY HAD CONVERSATIONS WITH. BUT THIS IS A VERY SMALL PROJECT. IT'S NOT HUGE, BUT IT'S A GOOD EXAMPLE. WE WORK WITH ALL SIZE FOLKS AND THEY, THEY HAVE THE APPROPRIATE NAICS CODE. THEY FOUND A BUILDING IN STAGE ROAD AND WE WE WORKED WITH THEM. THEY'RE GOING TO DO SOME IMPROVEMENTS TO THAT. THIS IS THEIR INITIAL ABATEMENT. SO THEY CAN BE UNDER A $2 MILLION MINIMUM. SO WE THINK IT'S A GOOD PROJECT. SO THERE'S ALREADY A BILL IN THERE. I WENT LOOKING FOR IT AND I COULDN'T FIND IT. IT'S PART OF STATE. IT'S IN THE STAGE ROAD AREA. WELL, ON EITHER SIDE THERE'S YOU GET IT'S A 5600 SQUARE FOOT BUILDING IN STAGE ROAD. IT'S ONE OF THE SMALLER BUILDINGS AGAIN. AND SO WE HAVE ONE ON EAST UNIVERSITY THAT BELONGS TO AUBURN UNIVERSITY. WE HAVE THAT'S GOING TO EVENTUALLY RELOCATE WHEN RFID R&D FACILITY IS THERE, THEY'LL RELOCATE THAT ENTIRE FACILITY ACROSS FROM THE THE CATTY CORNER FROM THE FOOTBALL STADIUM THAT WILL ACTUALLY GO IN THE NEW RESEARCH FACILITY ON CAMPUS. YEAH, THE FORMER BRUNO'S BUILDING IS WHERE THEY ARE NOW. IT'S ALL MOVING TO THE RESEARCH PARK WHEN THAT BUILDING IS FINISHED. NOT THE BUILDING ITSELF. BUT YEAH, WE WON'T BE ABLE TO TRACK YOU ANYMORE. THERE'S AN OPPORTUNITY THERE. SO AND SO. THAT'LL BE A GOOD THING. ANY OTHER QUESTIONS? IT'S A GOOD LITTLE PROJECT. IT'S NOT YOU KNOW, ULTIMATELY THEY ANTICIPATE AROUND 15 JOBS. NOT A LOT TO START WITH. BUT IT DOESN'T MATTER. THESE ARE KIND OF AUTOMATED LITTLE PRODUCTION RUNS. AND THEY, THEY THEY'RE FASCINATING STUFF. I NEVER THOUGHT ABOUT THE FACT THAT YOUR BAG TAG ON YOUR, ON YOUR CARRY ON IS AN RFID CHIP. THAT'S HOW THEY TRACK IT. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? DISCUSSION. ALL RIGHT. WE HAVE A MOTION A SECOND. ALL IN FAVOR. AYE AYE. ANY OPPOSED? THE MOTION CARRIES. ITEM TEN C ONE AUTHORIZES A CONTRACT WITH AEK ENTERPRISES, [10.c.1.EAC Enterprises, LLC d/b/a AGX Siteworx. North Donahue Drive Widening Project Phase I. $9,871,653.20] LLC DOING BUSINESS AS AJAX. SITE WORKS FOR THE NORTH DONAHUE DRIVE WIDENING PROJECT. PHASE ONE FROM SHUG JORDAN PARKWAY TO THE SALKEHATCHIE CREEK BRIDGE IN THE AMOUNT OF $71,653.20. I WILL MOVE FOR APPROVAL. SECOND, WE HAVE A MOTION. AND SECOND, ANY CONVERSATION OR DISCUSSION. I'M GOING TO ABSTAIN FROM THE DISCUSSION AND THE VOTE ON THIS ONE. THANK YOU. ANYONE ELSE? QUESTIONS? I'D JUST LIKE TO SAY THAT I'M TICKLED TO SEE THIS. IT'S LONG, LONG OVERDUE. BUT I COULD NOT FIND, HOWEVER, WAS ANYTHING ABOUT A PERIOD OF PERFORMANCE IN THIS IN WHAT WAS IN THE PACKAGE? YEAH. YOU WOULD NOT HAVE HAD. I'LL HAVE MICHAEL SPEAK TO THAT. THERE'S A VERY LARGE BID PACKAGE AND SPEC MANUAL AND OTHER THINGS THAT GO OUT AND CONTRACTUAL ITEMS. YEAH. I'LL HAVE MICHAEL SPEAK DIRECTLY TO THAT. SO IT IS FOR A CONTRACT FOR A YEAR FROM THE DATE OF APPROVAL FROM YOU GUYS. SO WE ISSUE A NOTICE TO PROCEED. AND THEY HAVE A YEAR FROM THAT DATE. IT'S A CALENDAR DAYS OR IS IT WORKING DAYS CALENDAR. OKAY, GREAT. IT'S JUST IT'S LONG OVERDUE. IT'S JUST A SHAME THAT COULDN'T GET DONE DURING THE PRIME BUILDING, YOU KNOW, SEASON THAT WE WE'VE DELAYED THIS THING TO THIS POINT, BUT NOT INTENTIONAL DELAY, I KNOW THAT. OKAY. THANK YOU. YEAH, I'M VERY EXCITED ABOUT THIS GETTING THIS UNDERWAY SO THAT IT CAN BE. THE, THE INTENDED GOAL STILL IS TO HAVE IT COMPLETED BEFORE THE OPENING OF THE NEW. HIGH SCHOOL. CORRECT. THANK YOU. ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? AND THE MOTION CARRIES. ITEM TEN C TWO AUTHORIZES A CONTRACT WITH THOMPSON ENGINEERING TO PROVIDE CONSTRUCTION, ENGINEERING, INSPECTION AND ASSISTANT PROJECT MANAGEMENT SERVICES IN THE AMOUNT OF [10.c.2. Thompson Engineering - North Donahue Drive Widening Project Phase I. $770,861.] $770,861. I'LL REMIND YOU THAT THAT THAT'S ABOUT A MAXIMUM ON THIS CONTRACT, I CAN SAY. [01:50:01] THIS WILL PUT US SLIGHTLY OVER THE TOTAL BUDGET FOR THE PROJECT. IN TOTALITY, WITH ALL OF THE RIGHT OF WAY ACQUISITIONS, THE MITIGATION CREDITS NEEDED FOR STREAMS AND WETLANDS, ETC. WE DON'T KNOW IF THAT COMES OUT OUT OF THE WASH IN THE END BECAUSE WE HAVE SOME SAVINGS HERE THERE. BUT RIGHT NOW AS, IF YOU ADOPT THIS FOR ABOUT 232,000 OVER BUDGET AND WANT YOU TO BE AWARE OF THAT BEFORE YOU PROCEED. MOVE FOR APPROVAL. SECOND. ALL RIGHT. WE HAVE A MOTION. SECOND. ANY DISCUSSION? IS IT TYPICAL THAT THAT THOMPSON'S OR IS IT EXPECTED THAT THE THOMPSON'S COMPANY WILL PUT A TRAILER ON SITE AND HAVE A REP THERE? I'LL HAVE OUR FOLKS SPEAK TO THAT. THEY DID. WE TALKED A LITTLE BIT ABOUT THIS ON THURSDAY. THEY ASSISTED US TREMENDOUSLY WITH THE COLLEGE, GAY STREET, SANFORD AVENUE INTERSECTION PROJECTS AND MILLER AVENUE, WHERE WE HAD A FULL TIME REPRESENTATIVE THROUGH THEM ON SITE ALONG WITH OUR STAFF. MICHAEL. YES, SIR. SO IT IS OUR INTENT WITH THIS CONTRACT, IF YOU APPROVE IT, TO HAVE AN ON SITE TRAILER. AND THIS IS FOR THIS PROJECT, AS YOU ARE AWARE, AWARE THAT WE'RE DOING OTHER PHASES OF OTHER PROJECTS ALONG DONAHUE, YARBOROUGH FARMS, THE FOUNDRY AND THOSE PROJECTS HAVING A CENTRALIZED LOCATION WITH AN OFFICE ON, ON, ON SITE WHERE STAFF CAN BE PRESENT FOR ALL THESE ITEMS THAT ARE GROWING IN THE GROUND, AND WE CAN BE GOOD STEWARDS OF TAXPAYER DOLLARS. AND I THINK, AS YOU MENTIONED THIS, MAYBE, BUT THIS IS A MAXIMUM AMOUNT. YEAH. THIS IS THERE'S A LITTLE BIT OF, OF MONEY IN THERE. AND SCOTT REMINDED ME IT'S A, IT'S THE 116,000. THAT'S CORRECT. THAT'S AS NEEDED AS AN AS NEEDED SERVICES. SO THAT'S WHERE WE'RE NOT SURE IT'S WE MAY HAVE SOME SAVINGS FROM CADRE ENGINEERING BASED ON SOME THINGS THAT GO ON. AND SO I WANT TO TELL YOU RIGHT NOW, WE THINK IT'S GOING TO BE ABOUT $232,000 OVER. IT COULD SHRINK FROM THAT. AND THAT'S SOMETHING WE WOULD TRUE UP DURING THE BIENNIAL BUDGET PROCESS AS WE END THE FISCAL YEAR AND KNOW MORE ABOUT IT. SCOTT, I WAS JUST GOING TO ADD A TYPICAL FOR A CONSTRUCTION CONTRACT LIKE THIS IS, IS A TIME AND MATERIALS CONTRACT. SO YES, I MEAN, IT HAS A IS A COST PER OWNER SALARIES PLUS YOU KNOW, WHATEVER MATERIALS AND NEEDS AND EXPENSES THEY RUN, BUT IT DOES HAVE A MAX FEE ON THAT. AND IF THEY DON'T NEED ALL THE MONEY, THEN THEN WE DON'T GET BILLED. THANK YOU. ANY OTHER QUESTIONS? DISCUSSION. ALL RIGHT. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? AND THE MOTION CARRIES. MAYOR PRO TEM. THOSE ARE ALL THE ITEMS OF BUSINESS WE HAVE FOR YOU THIS EVENING. OKAY. WE'RE NOW THE TIME OF CITIZENS OPEN FORUM. [12. CITIZENS' OPEN FORUM.] AND I WOULD LIKE TO REMIND EVERYONE THAT WHEN YOU COME FORWARD, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. PLEASE USE A CIVIL AND RESPECTFUL TONE AND FOR THE GALLERY TO REMAIN QUIET WHILE INDIVIDUALS ARE SPEAKING. IF YOU HAVE QUESTIONS, THE COUNCIL WILL DO THEIR BEST TO ADDRESS THEM AFTER CITIZENS OPEN FORUM IS CLOSED. AND PLEASE NOTE THAT SOME QUESTIONS MAY NEED TO BE ADDRESSED AT A LATER DATE. AND YOU HAVE THREE MINUTES. AND PLEASE KEEP ALL COMMENTS DIRECTED TO THE COUNCIL AND PERTINENT TO WHAT YOU'RE SPEAKING ABOUT. SO WITH THAT, WE WILL OPEN CITIZENS OPEN FORUM AND YOU HAVE THREE MINUTES. YES, MA'AM. I'M JANET WADDELL AND I LIVE AT 1011 SANDERS STREET, AND I AM BRINGING UP AN ITEM THAT IS IN ADVANCE OF US. BUT I KNOW THAT THERE HAS BEEN CONSIDERABLE NOISE IN THE AREA ABOUT A PROPOSAL THAT WILL DIRECTLY AFFECT THE KERRY WOODS ELEMENTARY SCHOOL. AND THE SCHOOL IS LOCATED OFF OF COLLEGE. IF YOU'RE NOT FAMILIAR WITH KERRY WOODS ABOUT TWO BLOCKS DOWN ON SANDERS STREET. BEEN THERE FOR YEARS. MY CHILDREN WENT THERE AND I'M OLD. AND SO THE CONCERN AND THIS MAY BE PREMATURE, BUT I BRING IT FORWARD IS THAT THERE. THERE IS A PLOT OF LAND THAT HAS BEEN BASICALLY HOME TO A RED FOX AND A WHOLE LOT OF KUDZU FOR YEARS. ON COLLEGE, YOU'VE SEEN IT. I'M SURE THAT IS PROPOSED TO BE DEVELOPED. AND THAT'S NOT THE PROBLEM. THE PROBLEM IS THE ENTRANCE AND EXIT TO A SUBDIVISION. AND ONE OF THE PROPOSALS THAT WE HAD HEARD ABOUT WAS, WOULD BRING THE EXIT RIGHT OUT ONTO SANDERS STREET, RIGHT BY THE CHERRYWOOD SCHOOL. I LIVE IN THAT AREA AND I HAVE SEEN THE BUSSES AND THE CARS PICKING UP KIDS, AND IT'S AN ELEMENTARY SCHOOL AND KIDS DART OUT AND AND SUCH. IT REALLY MAKES ME NERVOUS THAT ANYBODY WOULD THINK. [01:55:02] TO PUT ANOTHER WAY, FOR MORE CARS TO BE DIRECTED ONTO SANDERS STREET, THE ROAD RIGHT NOW IS BLOCKED OFF DURING THE PICKUP AND LETTING OFF OF KIDS. AND WHILE IT MAY NOT BE SOMETHING THAT YOU ALL CAN DEAL WITH NOW, I JUST WANTED TO TO BRING IT UP AND AND SEE AS YOU PLAN IF THERE IS ANOTHER WAY TO AVOID THAT PARTICULAR SPOT. THANK YOU. THANK YOU. THANK YOU. THANK YOU. THANK YOU. WHO'LL BE NEXT? HI, I'M DEBORAH BEALE. 802 TULLAHOMA DRIVE. AND I WANT TO TALK TO YOU ABOUT VOTING. FOUR WEEKS FROM TODAY IS ELECTION DAY, TUESDAY, NOVEMBER 3RD. YOUR ONE VOTE CAN MAKE THE DIFFERENCE, AS WITNESSED IN AUBURN IN 2022, WHEN JAY HOVEY BEAT TOM WHATLEY FOR THE REPUBLICAN NOMINATION FOR STATE REPRESENTATIVE BY ONE VOTE. THERE WAS NO DEMOCRATIC CANDIDATE THAT YEAR AND NO WRITE IN CAMPAIGN. SO THAT ELECTION, THOSE PEOPLE WHO VOTED DECIDED THAT BY ONE VOTE, EVERY PERSON WHO VOTED FOR HOVEY, THAT ELECTION WAS THE SINGLE VOTE THAT DECIDED THAT ELECTION. IF ONE OF THEM HAD STAYED HOME, THE RESULTS WOULD HAVE BEEN DIFFERENT. IF ONE OF WHATLEY'S SUPPORTERS HAD MADE THEIR WAY TO THE POLLS, THE RESULTS WOULD HAVE BEEN DIFFERENT. IT WOULD HAVE BEEN A TIE. YOUR PARTICIPATION, YOUR VOTE MATTERS. EVERY CITIZEN'S PARTICIPATION, EVERY CITIZEN'S VOTE MATTERS. MONDAY, OCTOBER 19TH IS THE FINAL DAY TO REGISTER OR TO CHANGE YOUR REGISTRATION TO VOTE IF YOU'RE REGISTERED. MAKE SURE YOUR INFO IS UP TO DATE. MAKE SURE YOU'RE STILL ON THE VOTER LIST. NO MATTER HOW LONG YOU'VE LIVED HERE, NO MATTER HOW OFTEN YOU VOTED. I'VE BEEN A POLL WORKER WHERE SOMEONE THOUGHT THEY WERE REGISTERED WHEN THEY GOT THEIR LICENSE, BUT THEY WERE NOT ON THE ROLLS. THEY COULD NOT VOTE. SOMEBODY ELSE CAME, THOUGHT THEY'D MOVED THEIR REGISTRATION FROM THEIR CITY LAKE HOUSE TO THEIR THEIR HOME IN AUBURN. THEY HAD NOT. AT LEAST THEY HADN'T GOTTEN REGISTERED. THEY DROVE WITHIN AN HOUR AND A HALF LEFT TO GET TO THE POLLS THROUGH THE RAIN TO GET TO ALEX CITY SO THEY COULD VOTE. FIND OUT THINGS NOW AND FIX IT NOW. THE ALABAMA SECRETARY OF STATE'S OFFICE HAS A WEBSITE SET UP CALLED ALABAMA VOTES.GOV/VOTER. YOU TYPE IN YOUR NAME, YOUR DATE OF BIRTH, TELL IT YOU'RE NOT A ROBOT AND CLICK, CLICK ON LOOK UP. IT SHOWS IF YOU'RE ACTIVE, GIVES YOU THE ADDRESS YOU'RE REGISTERED UNDER, AND YOUR POLLING LOCATION WITH ITS ADDRESS. MAKE A PLAN TO VOTE. RESEARCH THE CANDIDATES. MAKE YOUR OWN DECISION ON EACH CANDIDATE AND EACH OF THE FOUR AMENDMENTS THAT ARE ON THE BALLOT THIS YEAR. IF YOU NEED A RIDE, ASK SOMEONE. THERE ARE OTHER. THERE ARE ORGANIZATIONS THAT ARE WILLING TO HELP YOU GET RIDES. IF YOU DON'T HAVE SOMEONE YOU KNOW TO TAKE YOU. TALK TO YOUR BOSS ABOUT THE BEST TIME TO GO VOTE. IF YOUR WORK SCHEDULE AND CHILD SCHEDULE MAKES IT HARD. BE SURE AND TAKE YOUR GOVERNMENT ISSUED PHOTO ID IF YOU DON'T HAVE ONE YET. THERE'S STILL TIME TO GET IT IF YOU ARE IN LINE WHEN POLLS CLOSE AT 7 P.M., STAY IN LINE. THE POLLS CAN'T CLOSE UNTIL EVERYONE IN LINE BY SEVEN HAS HAD A CHANCE TO VOTE. IF YOU'RE GOING OUT OF TOWN, BE OR BE OUT OF TOWN OR QUALIFY UNDER. ONE OF THE OTHER REASONS FOR ABSENTEE VOTING. ABSENTEE VOTING HAS BEGUN. GO TO THE COUNTY. LEE COUNTY'S ADKINS MEETING CENTER, WHICH IS AT 205 SOUTH 10TH STREET, RIGHT ACROSS 10TH STREET FROM THE COURTHOUSE NEXT TO THE SWISS CLEANERS. YOU CAN VOTE RIGHT THEN AND THERE. IF YOU BRING YOUR ID AND AND IF YOU QUALIFY FOR ABSENTEE VOTING. THANK YOU, MISS BILL. THANK YOU. WHO'LL BE NEXT? BILL CASKEY 521 EAST SANFORD. I'D LIKE TO CHALLENGE YOU ON DEVELOPMENT AND OVERDEVELOPMENT. IF I WERE TO USE COLONEL GRISWOLD'S TERM PAUSE. YOU NEED TO SLOW DOWN ON STUDENT DEVELOPMENT. I CAN'T GIVE YOU THE EXACT. THREE YEARS AGO, MAYBE THE PUBLISHED NUMBERS WERE. THERE WERE FIVE OVERBUILT. SINCE THEN, HUNDREDS, IF NOT THOUSANDS OF MORE HAVE BEEN BUILT. UNIVERSITY IS ADDING DORMITORIES. SO I THINK WE NEED TO SLOW DOWN ON THAT. SECONDLY, I HEAR THAT THERE'S SOME EVALUATION GOING ON ZONING, AND I ENCOURAGE THAT THE OLD NEIGHBORHOODS ARE BEING ENCROACHED UPON BY ZONING THAT IS INAPPROPRIATE TO BE NEXT TO A NEIGHBORHOOD. AND THERE'S LOTS OF EXAMPLES OF THOSE. AND THEN THE LAST ONE ON, ON THE DEVELOPMENT IS I CAN'T [02:00:01] IMAGINE WHO THINKS IT'S A GOOD IDEA TO BUILD HOUSES OR CONDOS OR TOWNHOUSES RIGHT UP TO THE SIDEWALK. WRIGHTS, MILL AND SANFORD. I COULD WALK DOWN AND HOLD MY GLASS OUT, AND THEY COULD PUT ICE IN IT FROM THEIR FRONT DOOR. THE DEVELOPMENT ON ROSS AND THACH, IT'S EITHER AN OPTICAL ILLUSION OR THOSE BALCONIES ARE OVER THE SIDEWALK. IF I SHIFT GEARS FOR A SECOND, I SENT AN EMAIL TO THE COUNCIL A COUPLE OF WEEKS AGO. I APPRECIATE THE RESPONSES ON E-BIKES AND E-SCOOTERS ON SIDEWALKS. THOSE SIDEWALKS AREN'T BUILT FOR VEHICLES THAT GO 2530 MILES AN HOUR, AND THEY SHOULDN'T BE BEING RIDDEN BY KIDS THAT ARE 10 OR 11 YEARS OLD. THERE HAVE BEEN TRAGIC ACCIDENTS IN WALTON COUNTY AND FLORIDA WITH E-BIKES RUNNING INTO PEDESTRIANS. THEY'RE JUST NOT. THEY SHOULDN'T BE ON THE SAME PROPERTY. A THIRD ITEM. I'D LIKE TO COMPLIMENT THE COUNCIL ON YOUR PATIENCE AND YOUR TOLERANCE. WHEN SOME OF OUR CITIZENS COME UP AND RAISE ISSUES THAT ARE JUST UNTRUE. SO I COMPLIMENT YOU ON THAT. AND LASTLY, AS COUNCILMAN PARSON REFERS TO ME AS CITIZEN CASKEY, I'D LIKE TO THANK COUNCILMAN GRISWOLD FOR HIS DEDICATED SERVICE FOR DECADES IN THE MILITARY AND EIGHT YEARS HERE AS A CITIZEN, THOUGH, I WASN'T IN HIS WARD. AND AS FOR COUNCILMAN MOORMAN AND COUNCILMAN GRISWOLD, GO. NAVY. THANK YOU. WHO WILL BE NEXT? CHAD CUNNINGHAM, 516 OWENS ROAD. AND I'M COMING TO YOU AGAIN TONIGHT TO TALK ABOUT THIS OUTLET ON SANDERS. YOU KNOW, CITIZENS IN THIS CONVERSATION HAVE ABOUT, AS YOU KNOW, LAST MINUTE OPPORTUNITY TO COME AND GIVE THEIR INPUT TO THE PLANNING COMMISSION. IT'S ALWAYS WE'RE WE'RE WAY BEHIND THE EIGHT BALL. WE FIND OUT ABOUT IT FIVE DAYS BEFORE THE TRIGGER IS PULLED, AND THEN WE CAN START LOOKING INTO THINGS. THE PIECE OF PAPER THAT'S PUT IN THE, YOU KNOW, SIGN BEHIND THE TELEPHONE POLE IS ABOUT AS NONDESCRIPT AS POSSIBLE. AND YOU REALLY HAVE TO DO SOME DIGGING, AND YOU HAVE TO INFORM YOURSELF AND FIGURE IT OUT SO THAT YOU CAN TAKE AND ADVISED STANCE. FIVE DAYS LATER, THE PLANNING COMMISSION, WHERE 50 PEOPLE CAN SHOW UP AND HAVE YOUR BACK AND TALK ABOUT THIS, THAT OR THE OTHER, AND HOW THIS IS A SILLY IDEA FOR THE SCHOOL, ONLY TO BE TOLD THAT THERE'S NOTHING YOU CAN DO ABOUT IT, AND THEN TO COME TO YOUR COUNCIL AND BE TOLD, WELL, IT'S REALLY UP TO THESE TWO, OR IT'S UP TO THESE PEOPLE, IT'S UP TO STAFF. THERE'S NOTHING WE CAN DO ABOUT IT BECAUSE WE'VE GOT A LANE WE'VE GOT TO STAY IN. AND THAT WORKS, I SUPPOSE, EXCEPT IT DOESN'T WORK FOR US. IT DOESN'T WORK FOR MOMS AND DADS AND CITIZENS OF A COMMUNITY WHO ARE WORRIED ABOUT THEIR SCHOOL. AND YEAH, I WORRY. I, I'M WORRIED ABOUT MY SEVEN CHILDREN, THREE OF WHICH GO TO KERRY WOODS ELEMENTARY SCHOOL. NOW, I'M PRETTY SURE THAT THE CUNNINGHAM CLAN HAS THE HIGHEST VOLUME OF STUDENTS AT KERRY WOODS RIGHT NOW, AND WE'RE GOING TO HAVE THREE MORE IN THERE BEFORE IT'S ALL SAID AND DONE. BUT THAT BEING SAID, YOU KNOW, WE'RE TOLD, YOU KNOW, CALL THESE PEOPLE, WE CALLED EVERYBODY, WE COULD TALK TO THESE PEOPLE. WE'VE HAD CONVERSATIONS I'VE ASKED FOR, I'VE ASKED FOR NO OUTLET ON SANDERS. I STARTED A PETITION FOR NO OUTLET ON SANDERS. 452 PEOPLE AS OF TODAY HAVE SIGNED THAT, SAYING NO OUTLET ON SANDERS, A COUNTER PROPOSAL TO PUT THE OUTLET ON TO SOUTH COLLEGE. AND FROM WHAT I CAN GATHER, BECAUSE NOT MUCH IS COMING FORTH FROM THE CITY CONVERSATIONS THAT I'M HAVING OTHER THAN. WE'LL TAKE THAT INTO CONSIDERATION. THANK YOU FOR YOUR TIME. WE'LL LOOK INTO THAT. WELL, YOU KNOW, BEST PRACTICES. WE'RE GOING TO DO A TRAFFIC STUDY AND WHATNOT. THE DEVELOPER, WE'VE BEEN IN TOUCH WITH THEM AND HAVE BEEN GOTTEN A LOT OF INFORMATION FROM HIM. HE'S NOT INTERESTED IN NECESSARILY COMING OUT ON SANDERS, WHICH GOD BLESS HIM. THAT'S GOOD NEWS TO ME. BUT WE'RE STILL GOING TO BE COMING OUT ON SANDERS. FROM WHAT I UNDERSTAND, WE'VE MOVED THE OUTLET FURTHER SOUTH, BUT IT'S STILL AN OUTLET IN A SCHOOL ZONE. AND I'M VERY CONCERNED ABOUT THAT. AND I'M VERY UPSET THAT, YOU KNOW, IN MY IN MY PUSH TO GET PEOPLE TO UNDERSTAND WHAT'S GOING ON IN FRONT OF THEIR SCHOOL, I'VE MANAGED TO UPSET PEOPLE BY BEING UPSET. AND AGAIN, I'M UPSET FOR MY CHILDREN. I'VE UPSET SOME PEOPLE BECAUSE I'VE, YOU KNOW, I GUESS PUSHED TOO HARD OR PUT TOO MUCH PRESSURE. BUT THAT'S WHAT WE HAVE TO DO AT THIS POINT BECAUSE WE'RE BEHIND THE EIGHT BALL CONVERSATIONS HAVE BEEN HAD FOR MONTHS AND WE THANK YOU. WE ARE NOT A PART OF IT. HAVE A GOOD NIGHT. THANK YOU. THANK YOU. WHO'LL BE NEXT? [02:05:07] GOOD EVENING. MY NAME IS LATISHA SMITH. I RESIDE AT 2262 HERITAGE RIDGE LANE IN AUBURN, AND I AM THE PRESIDENT OF THE LEE COUNTY BRANCH. 5038. I AM HERE TONIGHT, BELIEVE IT OR NOT, SIMPLY TO SAY THANK YOU TO MAYOR RON ANDERS, WHO, ALONG WITH GEORGE ALLEN PRESIDENT AND WARD ONE CITY COUNCIL MEMBER IN OPELIKA, WHO ON BEHALF OF MAYOR EDDIE SMITH. THEY DELIVERED A JOINT PROCLAMATION TO THE ALABAMA STATE CONFERENCE OF THE 74TH ANNUAL CONVENTION OF THE NAACP THAT WAS HELD HERE IN AUBURN. I WOULD ALSO LIKE TO ADD THAT ALTHOUGH I COME A LOT OF TIMES AND I HAVE COMPLAINTS, WHICH I DO. I HOPE THAT MAYOR ANDERS HEARD THE FOUNDATION OF THE NAACP ORGANIZATION WHEN HE WAS WITH US. IT IS THE PEOPLE. IT IS THE INDIVIDUALS WHO SHOW UP, WHO DO THE WORK, WHO SUPPORT ONE ANOTHER, AND WHO REMAIN STEADFAST IN THEIR COMMITMENT TO JUSTICE AND SERVICE. THE STRENGTH OF OUR ORGANIZATION COMES FROM US WORKING TOGETHER, TRYING TO DO WHAT'S RIGHT. IT REQUIRES ENGAGED CITIZENS, COURAGEOUS LEADERSHIP, AND WILLINGNESS TO STAND FOR WHAT IS RIGHT, EVEN WHEN IT'S DIFFICULT, AND EVEN WHEN WE MAKE SOME OF YOU MAD. SO I HOPE YOU UNDERSTAND THAT. AND I HOPE HE LEARNED THAT THIS WEEK. THE NAACP HAS ALWAYS BEEN A VOICE FOR JUSTICE. AND THROUGHOUT OUR HISTORY, PROGRESS HAS NEVER COME FROM SILENCE OR COMPLACENCY. IT HAS ALWAYS BEEN ACHIEVED BY ORDINARY PEOPLE WHO POSSESS EXTRAORDINARY COURAGE BY THEIR COMMUNITIES THAT REFUSE TO ACCEPT INEQUALITY, AND BY LEADERS WHO UNDERSTOOD THAT DEMOCRACY IS STRONGEST WHEN EVERY VOICE IS HEARD AND EVERY VOICE MATTERS. OUR THEME THIS WEEK WAS STANDING AGAINST AUTHORITARIANISM AND AN UNJUST GOVERNMENT. SO JUST KNOW THAT ANY TIME WHEN THE NAACP COMES BEFORE YOU, WE'RE JUST CONCERNED ABOUT THE MARGINALIZED AND UNDERREPRESENTED FOLKS IN OUR COMMUNITIES. SO WITH THAT SAID, I JUST WANT TO SAY THANK YOU. BUT I ALSO WANT TO SAY THAT THE LAST TIME I STOOD BEFORE YOU, I ASKED IF WE COULD HAVE A PUBLICLY ADVERTISED TOWN HALL MEETING THAT FOCUSES ON AFFORDABLE HOUSING, HOUSING INSECURITY, AND RESIDENT DISPLACEMENT SO THAT ALL THE RESIDENTS, HOUSING PROVIDERS, NONPROFIT ORGANIZATIONS. EVERYONE WHO IS CONCERNED CAN OFFICIALLY COME TOGETHER AND COLLABORATIVELY IDENTIFY SOLUTIONS. I'M STILL WAITING FOR THAT RESPONSE, AND I HOPE THAT WE CAN DO THAT, BECAUSE WE'RE HERE JUST TO REPRESENT THE CITIES IN OUR COMMUNITY. THANK YOU, THANK YOU. HE'LL BE NEXT. ALL RIGHT. SEEING NONE, I'M GOING TO CLOSE CITIZENS OPEN FORUM. KELLY, I'M GOING TO LET YOU HAVE THE FLOOR. ALL RIGHT. WELL, LIKE I SAID, I STILL THINK WE HAVE SOME BUSINESS TO DISCUSS. EIGHT YEARS AGO, I DECIDED TO RUN FOR THIS COUNCIL POSITION BECAUSE I WAS PART OF A LARGER GROUP CALLED KEEP AUBURN LOVELY. AND WE MANAGED TO FILL UP AN ENTIRE AUDITORIUM OVER AT AUBURN CONFERENCE CENTER. AND THE CITY MANAGER AT THE TIME, NOT NOT HERE A COUPLE CITY MANAGERS AGO ACTUALLY STOOD IN FRONT OF THAT AUDIENCE AND SAID, I DON'T CARE WHAT YOU THINK. THIS IS WHAT WE'RE GOING TO DO. AND WHEN HE SAID THAT, IMMEDIATELY SOMEONE SAID, WELL, THAT'S NOT RIGHT. THAT'S NOT RIGHT. AND I'M AFRAID I'M GOING TO GO OUT ON THE SAME NOTE THAT WE KNOW FOR SURE THAT AN ENTRANCE TO A NEW SUBDIVISION DUMPING OUT RIGHT SMACK DAB IN THE BUS ZONE OF A SCHOOL IS NOT RIGHT. AND UNFORTUNATELY, THERE IS NOT A GOOD MECHANISM FOR THE CITIZENS TO BE HEARD ON THIS. THE PLANNING COMMISSION HAS THE PLAT APPROVAL AUTHORITY AND THEN IT MOVES ON TO THE. DR.. THE. DR.. IS THIS GROUP THAT I STILL HAVE YET TO UNDERSTAND HOW QUITE HOW IT WORKS. AND THE DR. DOESN'T INCLUDE SUCH STAKEHOLDERS AS THE THE SCHOOL DISTRICT. SO I'M JUST I WOULD LOVE TO KNOW WHAT THE PROGRESS IS TOWARD AN ALTERNATIVE PLAN TO GET NEIGHBORS AND PEOPLE OUT OF THE SCHOOL ZONE, AND TO STILL HAVE AN EXIT THAT IS SAFE FOR FIRE VEHICLES AND WHATNOT. BUT I HAVE ENCOURAGED ALL THE CITIZENS THAT HAVE BEEN IN TOUCH WITH ME OVER THE LAST SEVERAL WEEKS ON MAKING THEIR VOICE KNOWN. KEEP UP THE PRESSURE. SO I DON'T KNOW THE ANSWER, BUT DUMPING THEM RIGHT SMACK DAB IN FRONT OF A SCHOOL IS NOT IT? [02:10:05] WE OUGHT TO BE ABLE TO FIND A WAY FROM A HEALTH, SAFETY AND WELFARE PERSPECTIVE TO FIND AN ALTERNATIVE. SO I'LL GET OFF MY SOAPBOX ON THAT ONE, BUT I DO WANT TO SAY ONE MORE THING OF I'VE BEEN HARPING ON VETERAN SUICIDE RATES FOR A LONG TIME. WE HAD THE, THE AUBURN UNIVERSITY REPRESENTATIVE TONIGHT TALK ABOUT SOME EFFORTS TO SUICIDE PREVENTION AND WHATNOT. VETERAN SUICIDES HAVE DECREASED FROM 17.6 A DAY TO 17.5 A DAY. SO THAT'S PRETTY BAD. SO IF YOU HAVE AN OPPORTUNITY TO, TO ENCOURAGE A VETERAN OR IF YOU SEE ONE THAT'S IN TROUBLE, PLEASE HELP, HELP REACH OUT TO HIM, HELP HIM AND LET'S GET HIM SOME HELP. GET HIM REFERRED TO SOMEWHERE THAT WILL PROVIDE SOME, SOME ASSISTANCE TO HIM. AND IN CLOSING, I JUST WANT TO SAY IT'S BEEN AN HONOR AND A PRIVILEGE TO SIT UP HERE FOR THE LAST EIGHT YEARS. I WANT TO THANK THE RESIDENTS OF WARD TWO, BOTH THE OLD WARD TWO AND THE NEW WARD TWO, AS BOTH OF THEM PLAYED A SIGNIFICANT ROLE IN GETTING ME UP HERE. I DO APPRECIATE YOUR CONFIDENCE IN ME. THOSE OF YOU THAT REACHED OUT AND TRIED TO VOTE FOR ME. AND I WANT TO ALSO SAY THANKS TO MY WIFE FOR FOR LOANING ME TO TO Y'ALL FOR THE LAST EIGHT YEARS AND FOR SUPPORTING ME THROUGHOUT ALL THIS. SO WISH YOU ALL WELL. I HAVE THE UTMOST CONFIDENCE IN THIS COUNCIL TO MOVE FORWARD AND DO THINGS THAT BENEFIT THE CITIZENRY OF AUBURN AND WISH YOU ALL WELL. THANK YOU. THANK YOU KELLY. AND THANK YOU FOR YOUR SERVICE. AND I'VE ENJOYED SITTING BESIDE YOU FOR EIGHT YEARS. MISS CROUCH, HAVE, CAN YOU GIVE A BRIEF UPDATE OF WHERE WE ARE WITH THE MEADOWS SUBDIVISION? SO, YOU KNOW, AS INDICATED, WE'VE HAD A LOT OF CORRESPONDENCE, A LOT OF PHONE CALLS FROM FOLKS, NUMEROUS STAFF MEMBERS IN THIS ROOM HAVE TALKED WITH PEOPLE DIRECTLY. THERE'S BEEN EMAILS CIRCULATED. I CAN SAY ONE CONFUSING PART ABOUT DEVELOPMENT REGULATIONS, SUBDIVISION REGULATIONS ARE WITH THE STATE OF ALABAMA GIVES US IT'S NOT A CHOICE OF THE CITY OF AUBURN TO DO THINGS A CERTAIN WAY. IT IS A CHOICE OF THE STATE LEGISLATURE THAT DEEMED IT. SO WE HAVE TO LIVE WITH THE SUBDIVISION REGULATIONS AS WRITTEN IN STATE LAW. AND YES, THERE ARE NUANCES THAT THE PLANNING COMMISSION CAN ADOPT. BUT THAT BEING SAID, WHEN THINGS GO TO THE DRT PROCESS, THEY'RE JUST BEGINNING THE DEVELOPMENT REVIEW TEAM THAT IS MEASURING A DEVELOPMENT AGAINST DEVELOPMENT REGULATIONS AT EITHER THE PLANNING COMMISSION OR THE CITY COUNCIL ADOPTED, OR BOTH. AND SO THAT PROCESS HAS JUST BEGUN. AS PART OF THAT, COUNCILMAN GRISWOLD, RIGHTFULLY SO, CONCERNED ABOUT CORRESPONDENCE WITH THE SCHOOLS. IT IS NORMAL AND CUSTOMARY THAT WE DO HAVE DISCUSSIONS. I PERSONALLY, IN THE LAST SEVERAL WEEKS HAVE MET WITH KRISTEN HERRING TWICE WITH STAFF ABOUT ABOUT KERRY WOODS ELEMENTARY, ABOUT WHAT THE LENS OF AUBURN CITY SCHOOLS ARE WHEN WE'RE DEALING WITH A DEVELOPMENT PROJECT LIKE THIS. ONE OF THE REASONS IT'S NOT PUBLICLY DISCUSSED IS UNTIL WE HAVE AN APPLICATION FOR A PROJECT, WE DON'T DISCUSS THINGS THAT MIGHT HAPPEN THAT WE DON'T KNOW ARE EVER GOING TO HAPPEN. MANY DEVELOPERS LOOKED AT THIS PROPERTY WHERE THE MEADOWS IS AND PROPOSED MANY DIFFERENT OPTIONS, ALL OF WHICH WERE A LOT MORE DENSE THAN THIS. AND THAT IS NOT MEANT DENSITY IS USED AS A THREAT. WELL, IT COULD HAVE BEEN THIS. AND NOW IT'S THIS. WHAT YOU HAVE IS A REASONABLE DENSITY PROJECT. THERE'S A LOT OF REASONS FOR CONNECTIVITY. I DON'T WANT TO GET INTO THAT TODAY. THERE'S A LOT GOING ON. NORTH COLLEGE STREET IS FULL OF TRAFFIC AND NOT RUNNING AT A GOOD LEVEL OF SERVICE. IT'S A TWO LANE ROAD. THERE'S A LOT GOING ON. IT'S DEVELOPMENT. INITIALLY WAS LOOKING AT DRIVEWAYS ON BOTH COLLEGE AND SANFORD. THE STAFF WALKED THAT BACK AND WE'RE STILL LOOKING AT THE ACCESS POINT ON SANDERS. AND WE HAVE LISTENED. OUR CITY ENGINEER AND THE DEVELOPMENT SERVICES EXECUTIVE DIRECTOR WERE BOTH IN A MEETING WITH KRISTEN HERRING. WE UNDERSTAND WHAT THE SCHOOL'S CONCERNS ARE ABOUT, ABOUT THE OUTLET, AS SHOWN ON THE PLAN THAT EVERYBODY'S SEEN GOING DIRECTLY TO THE SCHOOL BUILDING THAT IS BEING EVALUATED BASED ON COMMENTS AND FEEDBACK FROM THAT AND WHAT WE'VE HEARD FROM CITIZENS, IT IS A PROCESS, I DO THINK, TO SAY THAT THERE WON'T BE AN OUTLET ON SANDERS WOULD NOT BE TRUTHFUL. THERE IS MORE THAN LIKELY GOING TO BE, UNLESS FURTHER EVALUATION, FOR SOME REASON TRIGGERS SOMETHING IN OUR REVIEW THAT IT SHOULD NOT BE THERE. AND THE HARD PART IS, IN A NORMAL CONSIDERATION, THERE WOULD BE NO ACCESS TO COLLEGE STREET FOR A NORMAL SUBDIVISION ON AN ARTERIAL ROAD. ALMOST ALL THE ACCESS WOULD COME OFF OF SANDERS ON A NORMAL DEAL, BUT YOU DO HAVE AN ELEMENTARY SCHOOL ACROSS THE STREET, AND SO THERE'S A LOT OF THINGS THAT NEED TO BE DONE. WE ALSO COMMENTS ARE VERY VALID ACROSS THE BOARD. PEOPLE NEED TO FEEL AND RESPOND HOW THEY WISH. BUT SHELTON ROAD, WE HAVE AN INTERSECTION PROJECT ALREADY SLATED. [02:15:02] THERE'S NORTH CARY DRIVE. THE CITY ENGINEER HAS TO EVALUATE HOW THOSE WORK TOGETHER AND HOW ACCESS TO THIS SUBDIVISION ULTIMATELY TAKES PLACE. AND THAT IS UNDER EVALUATION AND NOT COMPLETE. AND SO WE WILL CONTINUE TO WORK TOWARD THAT. WHEN WE HAVE LOOKED AT THE OPTIONS AND ARE COMFORTABLE WITH BOTH THE DEVELOPER, WITH THE SCHOOLS AND WITH OUR DEVELOPMENT REGULATIONS AND FRAMEWORK IN WHICH WE HAVE TO WORK WHEN WE ARE COMPLETELY COMFORTABLE WITH WHERE THAT NEEDS TO BE AND THAT IT'S BEEN FULLY EVALUATED, THEN WE'LL BE HAPPY TO SHARE THAT WITH EVERYONE. BUT UNTIL FULL EVALUATIONS ARE COMPLETE, I DON'T THINK IT'S GOING TO STAY WHERE IT WAS ONCE PROPOSED. IT IS LIKELY TO MOVE. BUT MICHAEL, I'M NOT MISSING ANYTHING. THERE'S STILL GOING TO BE AN ACCESS POINT ON SANDERS. IT JUST MAY NOT BE WHERE IT WAS SHOWN. BUT NOT HAVING AN OUTLET THERE AND PUTTING TWO ON COLLEGE STREET IS NOT A, NOT SOMETHING THAT'S GOING TO HAPPEN EITHER DUE TO VOLUMES ON COLLEGE STREET. THAT MAKES NO SENSE. AND SO THAT IS, AND THERE'S A LOT OF OTHER REGULATORY REASONS, BUT THAT'S WHERE WE ARE. WE'RE JUST BEGINNING AND GETTING TO THE POINT OF SUBMITTAL TO. DR.. IS THAT CORRECT? THEY HAVE SUBMITTED. YEAH. SO WE'RE JUST BEGINNING OUR OUR INTERNAL PLAN REVIEW. AND THINGS CHANGE DURING THAT PROCESS AND WILL CONTINUE TO CHANGE AND EVOLVE. AND WHEN WE'RE SURE THAT WE KNOW WHAT THE FINAL DECISION IS GOING TO BE ABOUT, SOME THINGS WE'LL GLADLY TALK ABOUT THAT. THANK YOU. ANYTHING ELSE FROM THE COUNCIL? ALL RIGHT. DO WE HAVE A MOVE TO ADJOURN? SO MOVED. WE ARE ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.