Mayor Ham welcomed Boy Scout Troop 15 and an Auburn University journalism class to the meeting.

Transcription

1 The City Council of the City of Auburn, Alabama met in regular session on Tuesday, September 20, 2016 at 7:04 PM in the Council Chamber of the Auburn Public Safety Building at 141 North Ross Street. 1. CALL TO ORDER. Mayor Bill Ham, Jr. Mayor Ham called the meeting to order. 2. ROLL CALL. The following Councilpersons were present: Ron Anders, Jr., Brent Beard, Clemon Byrd, Tommy Dawson, Gene Dulaney, Dick Phelan, Lynda Tremaine, Beth Witten and Mayor Bill Ham, Jr. Absent: None. Also present was City Manager Duggan. 3. PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE. Mayor Ham invited all present to stand and join the Council in reciting the Pledge of Allegiance to the U.S. Flag and in observing a moment of silence after the Pledge. 4. MINUTES. September 6, Councilperson Tremaine moved that the minutes be approved. Councilperson Beard seconded the motion and all members voted aye. Mayor Ham declared the minutes approved. 5. MAYOR S COMMUNICATIONS. Mayor Ham. a. Committee of the Whole. Mayor Ham stated that at the Committee of the Whole meeting previously held the City Council approved the minutes from the September 6, 2016 Committee of the Whole and nominated individuals to the Industrial Development Board and Lee County Youth Development Center Board of Directors. b. Announcements. Mayor Ham welcomed Boy Scout Troop 15 and an Auburn University journalism class to the meeting. 6. AUBURN UNIVERSITY COMMUNICATIONS. AU SGA Director of City Relations Ryley Scales updated the Council about events at Auburn University. 7. CITIZENS COMMUNICATIONS. Patrick Manning (417 Green Street) addressed the Council about the parking restrictions in his neighborhood. He asked the council to turn his street into a resident only parking zone. Councilperson Tremaine asked that the city attorney look into the matter. Councilperson Dulaney said this has been an ongoing problem for several years and would like the city attorney to look into the issue again. Mayor Ham agreed. Councilperson Dawson said the enforcement of the no parking zone should be complaint driven. Bill Caskey (521 E. Samford Avenue) addressed the Council with concerns: 1) He said left turn signals are needed at South Gay Street and East Samford Avenue 2) He said Pinedale Drive is impassable on game day weekends and when neighbors have parties because people park on both sides of the road 3) Suggested the City change the name of Mike Hubbard Boulevard.

2 Page 2 8. CITY MANAGER S COMMUNICATIONS. City Manager Duggan. a. Announcement of board vacancy. Tree Commission. Three (3) vacancies. Terms begin November 8, 2016 and November 7, Appointment made at the October 18, 2016 City Council meeting. City Manager Duggan announced three vacancies on the Tree Commission. He said the appointments would be made at the October 18, 2016 City Council meeting. b. Alcohol beverage license. MCM Energy, LLC d/b/a Tiger s Den. 050 Retail Beer (Off Premises Only) and 070 Retail Table Wine (Off Premises Only) alcohol beverage licenses. Property located at 1791 Shug Jordan Parkway. City Manager Duggan said MCM Energy, LLC d/b/a Tiger s Den is seeking approval for 050 Retail Beer (On or Off Premises) and 070 Retail Table Wine (On and Off Premises) alcohol beverage licenses. Councilperson Phelan moved that the request be granted. Councilperson Dulaney seconded the motion and all members voted aye. Mayor Ham declared the motion carried. 9. ORDINANCES. a. FY2017 and FY2018 Biennial Budget. SECOND READING. City Manager Duggan said this ordinance approves the FY2017 and FY2018 Biennial Budget. Councilperson Tremaine asked about the part of the budget dealing with the City Manager s contract. She asked how the Council will know if there are changes to the contract and salary. Mayor Ham explained that he has traditionally been authorized by the Council to make salary adjustments which have been done after individual discussion with Council members or at a Committee of the Whole meeting. Councilperson Dulaney moved that the ordinance be adopted. Councilperson Beard seconded the motion. Upon roll call vote, the following Council members voted aye: Anders, Beard, Byrd, Dawson, Dulaney, Phelan, Tremaine, Witten, and Mayor Ham. Voting nay: None. ORDINANCE NO b. Commercial development agreements. Unanimous consent necessary. Public hearings required. (1) Market Square Shopping Center, LLC. Market Square Shopping Center. City Manager Duggan said this ordinance approves a development agreement with Market Square Shopping Center, LLC. He noted that a public hearing was required. Councilperson Dulaney asked when the center was built. The applicant said Councilperson Tremaine asked if there are timelines for these agreements because the Flint s Crossing project has not started.

3 Page 3 9. ORDINANCES (cont). Economic Development Director Phillip Dunlap said there are and the Flint s Crossing project has not started because there will be changes. Councilperson Dulaney asked if there are prospects for the Market Square Shopping Center. The applicant said yes and added that Pier 1 has agreed to stay. Councilperson Beard introduced the ordinance. Councilperson Beard moved that unanimous consent be granted to consider the ordinance on its first reading. Councilperson Anders seconded the motion. Upon roll call vote, the following Council members voted aye: Anders, Beard, Byrd, Dawson, Dulaney, Phelan, Tremaine, Witten, and Mayor Ham. Voting nay: None. ORDINANCE NO (2) 2319 Bent Creek, LLC. Restaurant Row at Auburn Exchange. City Manager Duggan said this ordinance approves a development agreement with 2319 Bent Creek, LLC. He noted that a public hearing was required. Councilperson Dulaney introduced the ordinance. Councilperson Dulaney moved that unanimous consent be granted to consider the ordinance on its first reading. Councilperson Phelan seconded the motion. Upon roll call vote, the following Council members voted aye: Anders, Beard, Byrd, Dawson, Dulaney, Phelan, Tremaine, Witten, and Mayor Ham. Voting nay: None. ORDINANCE NO (3) Ronald W. Cooper and Diane R. Cooper. Wholesale Mattress. City Manager Duggan said this ordinance approves a development agreement with Ronald W. Cooper and Diane Cooper. He noted that a public hearing was required.

4 Page 4 9. ORDINANCES (cont). Councilperson Anders introduced the ordinance. Councilperson Anders moved that unanimous consent be granted to consider the ordinance on its first reading. Councilperson Witten seconded the motion. Upon roll call vote, the following Council members voted aye: Anders, Beard, Byrd, Dawson, Dulaney, Phelan, Tremaine, Witten, and Mayor Ham. Voting nay: None. ORDINANCE NO c. Zoning ordinance. Lee Alice Johnson. William and Marilyn Blanton. Apply Planned Development District (PDD) designation. Property located at 2560, 2568, and 2600 East Glenn Avenue and 309 Comanche Drive (Spring Lake Rezoning PDD). Planning Commission recommendation. Public hearing required. TABLED FROM AUGUST 16, 2016 CITY COUNCIL MEETING. City Manager Duggan said this ordinance applies the Planned Development District (PDD) designation to property located at 2560, 2568, and 2600 East Glenn Avenue and 309 Comanche Drive (Spring Lake Rezoning PDD). He noted that a public hearing was required. Dale and Teresa Spivey (Phenix City, AL) presented the Council with the plan for the project. The Council asked them questions and all questions were answered to the satisfaction of the Council. There being no further comments from the audience, Mayor Ham closed the public hearing. Councilperson Witten introduced the ordinance. Councilperson Witten moved that unanimous consent be granted to consider the ordinance on its first reading. Councilperson Dawson seconded the motion. Upon roll call vote, the following Council members voted aye: Anders, Byrd, Dawson, Dulaney, Tremaine, and Witten. Voting nay: Phelan, Beard, and Mayor Ham. ORDINANCE NO d. Zoning ordinance. Carolyn Rogers. Randall Rogers (authorized representative). Pre zone approximately acres as Development District housing (DDH) (Woodland Park Phase 3 Pre zoning DDH). Property located at the northern terminus of Tallyho Drive (adjacent to Woodland Park Subdivision). Planning Commission recommendation. Unanimous consent necessary. Public hearing required.

5 Page 5 9. ORDINANCES (cont). City Manager Duggan said this ordinance pre zones property located at the northern terminus of Tallyho Drive (adjacent to Woodland Park Subdivision) (Woodland Park Phase 3 Pre zoning DDH). He noted that a public hearing was required. John Fox (130 Coachmans Drive) spoke as president of the Woodland Park Homeowners Association. He said they have 4 concerns with the proposed project: 1) density 2) restricted access for 100 new lots 3) environmental impact and 4) increased traffic flow. Randall Rogers said he was the developer of the proposed project. He said he has had the same plan for the neighborhood since 2006 and was unable to finish it before this time because of the market crash. He said he is now ready to move forward with it and asked the City Council to approve his request. The Council asked Mr. Rogers questions about the development and he answered all questions to their satisfaction. David Crumbley (4147 Trotters Court) said water runoff is a problem in the neighborhood and that adding more houses will just make the problem worse. George Harker (292 Tallyho Court) said he supports the Planning Commission s recommendation for denial of this request. Mr. Rogers spoke again to say that the City handles water and drainage issues and that those things will be addressed by the City. Drew Peacock (4143 Surrey Lane) asked the Council to please listen to the residents and deny the request. Wendy Cleveland (109 Bridle Court) said the proposed development causes concern for safety. Darren Olsen (106 Bridle Court) said density is the real issue. He added that all the other concerns stem from the density. He said the neighborhood does not have a good relationship with the developer and asked that they Council support the Planning Commission s recommendation. There being no further comments from the audience, Mayor Ham closed the public hearing. City Manager Duggan reminded the Council that a yes vote would be approving the pre zoning request. Councilperson Phelan introduced the ordinance. Councilperson Phelan moved that unanimous consent be granted to consider the ordinance on its first reading. Councilperson Dulaney seconded the motion. Upon roll call vote, the following Council members voted aye: None. Voting nay: Anders, Beard, Byrd, Dawson, Dulaney, Phelan, Tremaine, Witten, and Mayor Ham. Mayor Ham declared the ordinance unapproved.

6 Page 6 9. ORDINANCES (cont). e. Zoning ordinance. Carolyn Rogers. Randall Rogers (authorized representative). Apply the Planned Development District (PDD) designation to approximately acres pre zoned as Development District housing (DDH) (Woodland Park Phase 3 Pre zoning PDD). Property located at the northern terminus of Tallyho Drive (adjacent to Woodland Park Subdivision). Planning Commission recommendation. Unanimous consent necessary. Public hearing required. f. Annexation. Carolyn Rogers. Approximately acres located near the intersection of Alabama Highway 14 and Bridle Court at the northern end of Tallyho Drive (Woodland Park Annexation). Planning Commission recommendation. Unanimous consent necessary. City Manager Duggan said items 9e and 9f were only to be considered if item 9d was approved. 10. RESOLUTIONS. a. Conditional use approvals. Planning Commission recommendations. Public hearings required. (1) Lee Alice Johnson. Multiple non residential uses including: institutional uses; commercial and entertainment uses; road service uses; neighborhood shopping center and office use located in the Comprehensive Development District (CDD) zoning district with an overlay of the Planned Development District (PDD) designation (Spring Lake Conditional Use Requests). Property located at 2560, 2568, and 2600 East Glenn Avenue. City Manager Duggan said this resolution requests conditional use approval for multiple nonresidential uses located in the Comprehensive Development District (CDD) zoning District with an overlay of the Planned Development District (PDD) designation (Spring Lake Conditional Use Requests). He noted that a public hearing was required. Councilperson Dulaney moved that the resolution be adopted. Councilperson Witten seconded the motion and all members voted aye. RESOLUTION NO (2) Phillips Family Partnership. Brian Hatcher (authorized representative). Agricultural support use (tractor rental store) (Thompson Tractor Rental Store) located in the Comprehensive Development District (CDD) zoning district. Property located at 419 West Veterans Boulevard. City Manager Duggan said this resolution requests conditional use approval for an agricultural support use located in the Comprehensive Development District (CDD) zoning district (Thompson Tractor Rental Store). He noted that a public hearing was required. Councilperson Anders moved that the resolution be adopted. Councilperson Tremaine seconded the motion and all members voted aye. RESOLUTION NO

7 Page RESOLUTIONS (cont). b. Economic Development Department. Tax abatement assignment. General Electric Company d/b/a GE Aviation. City Manager Duggan said this resolution is a tax abatement assignment for General Electric Company d/b/a GE Aviation. Councilperson Beard moved that the resolution be adopted. Councilperson Anders seconded the motion and all members voted aye. RESOLUTION NO c. Contracts and agreements. (1) Delta Development Group, LLC. Spring Lake infrastructure development agreement. City Manager Duggan said this resolution authorizes the Mayor and City Manager to execute an infrastructure development agreement with Delta Development Group, LLC. Councilperson Dulaney said there was a request for a traffic study included in the development agreement and asked if a light at Skyway Drive was warranted for the project. Public Works Director Jeff Ramsey said he will have to wait until a traffic study is done to determine if one is needed. Councilperson Tremaine moved that the resolution be adopted. Councilperson Dulaney seconded the motion and all members voted aye. RESOLUTION NO (2) Advanced Stores Company, Inc. Purchase fleet filters on consignment. City Manager Duggan said this resolution authorizes the City Manager to execute a contract with Advanced Stores Company, Inc. to purchase fleet filters on consignment. Councilperson Anders moved that the resolution be adopted. Councilperson Witten seconded the motion and all members voted aye. RESOLUTION NO (3) The McPherson Companies. Purchase oils and lubricants. City Manager Duggan said this resolution authorizes the City Manager to execute a contract with The McPherson Companies to purchase oils and lubricants. Councilperson Dulaney moved that the resolution be adopted. Councilperson Anders seconded the motion and all members voted aye. RESOLUTION NO (4) Boykin Community Center tenants. Lease agreements. City Manager Duggan said this resolution authorizes the City Manager to execute lease agreements with Boykin Community Center tenants.

8 Page RESOLUTIONS (cont). Councilperson Phelan moved that the resolution be adopted. Councilperson Byrd seconded the motion and all members voted aye. RESOLUTION NO (5) Stone and Sons Electric. Gay Street and Magnolia Avenue Traffic Signal Replacement Project. $221, City Manager Duggan said this resolution authorizes the City Manager to execute a contract with Stone and Sons Electric for the Gay Street and Magnolia Avenue Traffic Signal Replacement Project. Councilperson Byrd moved that the resolution be adopted. Councilperson Dawson seconded the motion and all members voted aye. RESOLUTION NO d. Easements. (1) Hayley Freeman Contracting, General Partnership. Accept various drainage and utility easements and rights of way. Tuscany Hills, Section 4. Property located on the east side of Tuscany Hills, Phase 1A, at the terminus of Sophia Way. City Manager Duggan said this resolution accepts various drainage and utility easements and rights of way from Hayley Freeman Contracting, General Partnership. Councilperson Tremaine moved that the resolution be adopted. Councilperson Witten seconded the motion and all members voted aye. RESOLUTION NO (2) The 34 Corporation. Accept various drainage and utility easements. Stoker Subdivision, Redivision of Lot 4. Property located on the west side of Runningvine Lane. City Manager Duggan said this resolution accepts various drainage and utility easements from The 34 Corporation. Councilperson Beard moved that the resolution be adopted. Councilperson Byrd seconded the motion and all members voted aye. RESOLUTION NO (3) Cleveland Real Estate. Accept various drainage and utility easements and rights of way. Mimm s Trail Subdivision, Fifth Addition, Phase 1. Property located east of Westover Street. City Manager Duggan said this resolution accepts various drainage and utility easements and rights of way from Cleveland Real Estate. Councilperson Anders moved that the resolution be adopted. Councilperson Phelan seconded the motion and all members voted aye. RESOLUTION NO

9 Page RESOLUTIONS (cont). e. Board appointments. (1) Industrial Development Board. Three (3) vacancies. Six (6) year terms begin October 10, 2016 and end October 9, City Manager Duggan said this resolution appoints Doug Watson, Martee Moseley and Tim Hickman to the Industrial Development Board for terms of office beginning October 10, 2016 and ending October 9, Councilperson Anders moved that the resolution be adopted. Councilperson Beard seconded the motion and all members voted aye. RESOLUTION NO (2) Lee County Youth Development Center. One (1) vacancy. Four (4) year term begins October 1, 2016 and ending September 30, City Manager Duggan said this resolution reappoints Sheriff Jay Jones to the Lee County Youth Development Center Board of Directors for a term of office beginning October 1, and ending September 30, Councilperson Dulaney moved that the resolution be adopted. Councilperson Tremaine seconded the motion and all members voted aye. RESOLUTION NO OTHER BUSINESS. None. City Manager Duggan said the Council will adjourn to executive session and added that there will be no action taken by the City Council during the session. 12. ADJOURNMENT TO EXECUTIVE SESSION. Councilperson Beard moved that the meeting be adjourned. Councilperson Dulaney seconded the motion and all members voted aye. The meeting was adjourned at 8:54 PM. Mayor ATTEST: City Manager