These minutes have been approved by City Council.
The City Council of the City of Auburn, Alabama met in regular session on Tuesday, November 15, 2005 at 7:30 PM in the Council Chamber in the Auburn Public Safety Building at 141 North Ross Street.
1. CALL TO ORDER. Mayor Ham.
Mayor Ham called the meeting to order.
2. ROLL CALL.
Present: Councilmembers Verlinda White, Sheila Eckman, Roberta Jackel, Logan Gray, Ted Wilson, Dick Phelan, Carolyn Mathews, and Mayor Ham. Also present were City Manager David F. Watkins and SGA Representative Brian Krogsgard.
Absent: Councilmember Gene Dulaney.
3. PLEDGE OF ALLEGIANCE.
All present recited the Pledge of Allegiance to the U. S. Flag.
4. MINUTES. November 1, 2005.
Councilman Wilson moved that the minutes be approved as written.
Councilman Phelan 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 the Committee of the Whole (COW) met just prior to this meeting. The minutes of the last COW meeting were approved, a Parking Deck Feasibility Study was presented by Barge, Waggoner, Sumner and Cannon, and recommendations were made for nominations to the Educational Building Authority of the City of Auburn, Parks and Recreation Advisory Board, and the Planning Commission. The appointments will be made at the proper time on the agenda.
Mayor Ham thanked Phillip Dunlap, Director of Economic Development, and the Economic Development staff for organizing the Veteran’s Day celebration for the City of Auburn.
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5. MAYOR’S COMMUNICATIONS (cont).
g. Announcements.
Mayor Ham announced that Pyongsan America, Inc., located in Technology Park North, held its grand opening today. He welcomed this new industry to the City of Auburn.
6. SGA COMMUNICATIONS. SGA Representative Brian Krogsgrad.
SGA Representative Brian Krogsgrad said he wanted to remind everyone of the Beat Bama parade that will be held downtown on Friday, November 18th at 5:30 PM. He welcomed all in the community to attend.
7. CITY MANAGER’S COMMUNICATIONS. City Manager Watkins.
a. Purchasing. Recommendations.
(1) Public Safety Department.
(a) 2006 Custom Pumper Fire Apparatus. Clay Fire Equipment. $244,919.90.
City Manager Watkins stated that bids were invited for the purchase of a replacement pumper. Five (5) bids were submitted as follows:
Exceptions to
Vendor Amount Bid Bid Specifications
American LaFrance $242,097 Yes (3)
Pierce Manufacturing $244,078 Yes (1)
(Pro-Fire Equipment)
Sutphen Corporation $244,919 Yes (1)
(Clay Fire Equipment) (vendor has offered to make change)
KME Fire Apparatus $256,663 No
E-One (Sunbelt Fire) $295,718 No
Mr. Watkins noted that after analysis of all information, he would recommend Clay Fire Equipment. He said the vendor has offered to make the change to the
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7. CITY MANAGER’S COMMUNICATIONS (cont).
one exception and he recommended that the contract be awarded to that company in the amount of $244,919.
Councilman Gray moved that the recommendation be accepted.
Councilwoman Mathews seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
(b) 2006 Ford F150 Extended Cab Pickup Truck. Ben Atkinson Motors, Inc. $15,433.66 and 2006 Chevrolet Colorado Pickup Truck. Capitol Chevrolet. $10,293.00. State Contract.
City Manager Watkins stated that the Public Safety Department is requesting purchase of two vehicles in the amount of $25,726.66. He noted that the purchase request is based upon the expansion needs of the Police Division’s Public Safety Officer program. Mr. Watkins stated that the Public Safety Department – Police Division’s budget includes this expenditure in its FY2006 budget.
Councilman Gray moved that the recommendation be accepted.
Councilman Phelan seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
(2) Water Resource Management Department. Eight Inch Ductile Iron Pipe. Bedell Village Sewer Outfall Project. Consolidated Pipe and Supply Company. $16,160.
City Manager Watkins stated that the bids were invited by the Water Resource Management Department for the construction of the Bedell Village Sewer Outfall. He noted that the project consists of the installation and grading of 1,600 feet of 8 inch ductile iron sanitary sewer. The project will serve Bedell Village and surrounding property up to Shug Jordan Parkway. The manholes and pipe are being purchased and supplied by the City in order to expedite the construction schedule, save contractor mark-up, and realize tax savings. Mr. Watkins noted that four bidders responded to the invitation and recommended that the contract be awarded to the lowest bidder, Hydro Operations, Inc. in the amount of $112,382.65.
Councilwoman White moved that the recommendation be accepted.
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7. CITY MANAGER’S COMMUNICATIONS (cont).
Councilwoman Jackel seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
8. ORDINANCES.
Zoning. Planning Commission Recommendations. Public Hearings Required. Unanimous Consent Necessary.
(1) The Preserve, LLC. Property Located on Farmville Road. Amend Master Development Plan.
City Manager Watkins stated that this request is to amend the Master Development Plan of The Preserve, LLC. He stated that the subject property is located on Farmville Road and was annexed in October 2004. Mr. Watkins stated that the Auburn Planning Commission recommended approval of this request at its October 13, 2005 regular meeting and the vote was unanimous.
Mayor Ham opened the public hearing.
There being no comments, Mayor Ham declared the public hearing closed.
Councilman Wilson introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Phelan moved that unanimous consent be granted to consider the Ordinance.
Councilman Wilson seconded the motion.
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
Councilwoman Eckman stated the there has been some discussion within the Planning Commission meetings as to what does PDD really mean. She also stated that she is very concerned with the increase in density with this amendment because it increases the project by 200 units which will greatly increase the traffic entering and exiting on to Highway 80.
Councilwoman Mathews stated that it appears that amendments seem to always deal with increase in density from the original plan and asked if this is setting a
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8. ORDINANCES (cont).
precedent, so that with each phase will come an amendment to increase density.
Director of Planning Forrest Cotten stated that this second amendment introduces multi-family units into the plan and decreases the original size of single family lots. He also stated that he cannot speak for the developer, but with
a development this large in size, 800 acres, it will take years for build-out and that it would not be unreasonable that more amendments would possibly be forthcoming.
Councilwoman Jackel stated that the
changes always seem to be in one direction, it is never fewer people and fewer
cars and traffic, it is always in the opposite direction.
Mr. Cotten stated that the density is not that great when you look at the entire
project of 800 acres as opposed to a single phase.
Councilman Phelan asked if Mr. Cotten knew what precipitated this change.
Mr. Cotten stated that the developer had indicated a market change for the land.
Councilwoman Mathews asked if additional development in this area would require Farmville Road to be widened to five lanes to accommodate traffic and if this project had gone through the Development Committee process.
Mr. Cotten stated that this project was approved prior to the Development Committee being formed and that the configuration of the plan with increased density coming out onto Farmville Road will determine the necessity of widening Farmville Road.
Councilwoman Jackel asked if the road needs to be widened, who would pay for the cost of the road.
Mr. Cotten stated that would typically be addressed in the development agreement process and that when the developer comes with changes to the plan, he is required to update the traffic study. The traffic study would dictate the
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8. ORDINANCES (cont).
types of improvements that would be negotiated with the developer. As of this amendment, it does not necessitate the widening of Farmville Road.
Councilwoman Mathews stated that if future changes continue to increase the density coming out onto Farmville Road, then that might necessitate the need to widen the road.
Mr. Cotten answered in the affirmative.
Councilwoman Eckman stated that PDD is troubling to her because amendments come up time and time again, which consumes so much staff time and when can the Council legally be able to say no and stick to the original plan.
Councilwoman Mathews stated that PDD has always been confusing, even before this Council, its meaning and purpose are unclear.
Mr. Cotten stated that PDD is a process and its purpose is for master planning of developments, it does not govern density which comes in with zoning and it is not unusual for repeated amendments which are normally market driven.
Councilwoman Jackel stated that what concerns her is once plans are submitted for a certain amount of acreage and density, and estimates turned in to the Superintendent of Schools and roads are evaluated, then the amendments affect all this planning and there are repercussions by allowing the changes. She also asked for an update from Water Resource Management on their plans for this project.
Water Resource Management Director Scott Cummings stated that he is still waiting on the plans for wastewater transportation on this project and as of this date plans have not been submitted. He stated that it is his understanding that the Loachapoka Water Authority is looking at serving this area by purchasing water from the Auburn Water Works Board to meet the fire protection requirements and using existing water lines, this is all a part of the large overall agreement we are reestablishing to determine existing service boundaries.
Councilwoman Mathews stated that growth should follow infrastructure, not infrastructure follow growth.
Councilman Gray asked when is a deal a deal?
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8. ORDINANCES (cont).
Economic Development Director Phillip Dunlap stated that PDD is a planning instrument for the developer and as the development moves forward, then changes will come in to play and PDD allows the developer the flexibility to make changes that might be necessary to accommodate market changes. Zoning changes restrict the density.
Councilwoman Eckman stated that the citizens attend the meetings of the Planning Commission and leave with an understanding of “a done deal” and then the amendments change that.
Councilwoman Mathews stated that when the concept of PDD first came into being, it was thought to be of great advantage because everyone was going to know what the development was going to consist of. Neighboring areas could plan accordingly, but that is not so with all the amendments.
Mayor Ham stated that the Council needs to keep in mind how far a development project can go as the process continues and if Council wants to put limitations on development, then a policy change will be required.
Mayor Ham asked if there were any objections to the Ordinance being considered on its first reading.
Councilwoman Eckman stated that she would deny unanimous consent to send a signal to developers that it takes a lot of people’s time when amendments continuously change the original plan and they should be more thoughtful the first go round.
Mayor Ham declared unanimous consent not granted.
(2) Musselwhite Group, Inc. Ellington Place. Property Located at 2400 Block of Richland Road. Rezone from Rural District (R) to Development District Housing (DDH). 39.73 Acres.
City Manager Watkins stated that this request is to rezone approximately 39.73 acres from Rural District (R) to Development District Housing (DDH). The subject property is located in the 2400 block of Richland Road. He also noted that the Auburn Planning Commission recommended approval of this request at
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8. ORDINANCES (cont).
its October 13, 2005 regular meeting and the vote was unanimous. Mr. Watkins added that the City has a Development Agreement on this project that addresses water, sewer, and roads.
Councilman Gray asked what constitutes finality of agreement and the developer is not able to come back with changes due to the market conditions?
Assistant City Manager Charlie Duggan stated that with a Development Agreement, one of the things looked at is the maximum density of the zoning of the property, and what surrounding properties might be annexed and developed in the future. This allows for proper infrastructure planning to accommodate future growth.
Mayor Ham opened the public hearing.
There being no comments Mayor Ham declared the public hearing closed.
Councilman Gray introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Gray moved that unanimous consent be granted to consider the Ordinance.
Councilwoman Mathews seconded the motion.
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
Hearing no objection for the Council, Mayor Ham declared unanimous consent granted and the Ordinance ready for adoption.
Upon roll call vote, the following Council members voted aye: White, Wilson, Eckman, Gray, Jackel, Mathews, Phelan, and Mayor Ham. Voting nay: None.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2342
9. RESOLUTIONS.
a. Zoning. Conditional Use. Donald Allen. Property Located at the Corner of Donahue Drive and Bragg Avenue. Condominium Development (The
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9. RESOLUTIONS (cont).
View) in the redevelopment District (RDD). Planning Commission Recommendation. Public Hearing Required.
City Manager Watkins stated that this is a request for Site Plan/Conditional Use Approval for a condominium development in the Redevelopment District (RDD). He noted that the subject property is located at the corner of Donahue Drive and Bragg Avenue and that the Auburn Planning Commission recommended approval of this request at its October 13, 2005 regular meeting and the vote was unanimous.
Mr. Watkins noted that a public hearing is required and recommended that the Resolution be adopted.
Mayor Ham opened the public hearing.
There being no comments Mayor Ham declared the public hearing closed.
Councilman Gray moved that the Resolution be adopted.
Councilman Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-246
b. Industrial Development Board. Tax Abatements. Excludes Education, Hospital, and Children’s Home Ad Valorem and Sales and Use Taxes.
(1) Alabama Industrial Development Body, LLC. 2489 Caldwell Court. $86,938.
City Manager Watkins stated that this Resolution will provide abatements for non-educational ad valorem taxes and sales and use taxes. Education, hospital and children’s home ad valorem and sales and use taxes are not abated. This abatement is in connection with the expansion of the existing building that will continue to be used by a local company, Alabama Industrial Development Body, LLC. He also stated that this company anticipates creating 15 new jobs over the next two years with a capital investment of approximately $1,077,648. Mr. Watkins recommended that the Resolution be adopted.
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9. RESOLUTIONS (cont).
Councilman Wilson moved that the Resolution be adopted.
Councilwoman Mathews seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-247
(2) Briggs & Stratton Corporation. 1500 Technology Parkway. $1,027,248.
City Manager Watkins stated that this Resolution will provide abatements for non-educational ad valorem taxes and sales and use taxes in the amount of $1,027,248. Mr. Watkins said education, hospital, and children’s home ad valorem and sales and use taxes are not abated. He also noted that this abatement is in connection with new equipment that will be used by Briggs & Stratton Corporation at its local existing facility and will remain at this facility. This company anticipates creating 75 new jobs over the next two and a half years with a capital investment of approximately $13,253,257. Mr. Watkins recommended approval of the Resolution.
Councilman Gray moved that the Resolution be adopted.
Councilwoman White seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-248
(3) Nikki America Fuel Systems, LLC. 272 Technology Parkway. ` $759,660.
City Manager Watkins stated that this Resolution will provide abatements for non-educational ad valorem taxes and sales and use taxes in the amount of $759,660. Mr. Watkins said education, hospital, and children’s home ad valorem and sales and use taxes are not abated. He stated that this abatement is in connection with building and equipment that will be used by a new company, Nikki America Fuel Systems, LLC, and the equipment will remain in the local facility in Auburn. This company anticipates creating 121 new jobs over the next two and a half years with a capital investment of approximately $9,434,135. Mr. Watkins recommended approval of the Resolution.
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9. RESOLUTIONS (cont).
Councilman Gray moved that the Resolution be adopted.
Councilman Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-249
c. Professional Services Agreements. Authorize Mayor and City Manager to Sign.
(1) FY2004 Community Development Block Grant North Auburn Infrastructure Improvements – Northwest Village Subdivision Project. Hudmon Construction Company. $508,850.75.
City Manager Watkins stated that this Resolution authorizes the Mayor and City Manger to sign a professional services agreement with Hudmon Construction Company in the amount of $508,850.75 for the cost of labor, equipment, and materials necessary to complete the FY 2004 CDBG North Auburn Infrastructure Improvements – Northwest Village Subdivision Project. He recommended that the agreement be authorized and the Resolution adopted.
Councilwoman White asked how long it would be for the project to begin.
Public Works Director Jeff Ramsey stated that construction of the road should begin around the first of the year with completion in the Spring of 2006.
Assistant Economic Development Director – CDBG Sharon Tolbert commented that the different structures that will be used in the subdivision have been approved by the board, letters will be sent to local banks for participation in providing first mortgages, the infrastructure should be complete by Spring 2006 and construction of the subdivision will begin at that time. She also stated that a public hearing will be held in January 2006 to let the public see the plans and to provide counseling on purchasing the homes.
Councilwoman White moved that the Resolution be adopted.
Councilwoman Jackel seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-250
(2) Bedell Village Sewer Outfall Construction. Hydro Operations, Inc. $112,382.65
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9. RESOLUTIONS (cont).
City Manager Watkins stated that this Resolution accepts a bid for the construction of the Bedell Village Sewer Outfall from Hydro Operations, Inc. in the amount of $112,382.65. Mr. Watkins recommended approval.
Councilwoman White moved that the Resolution be adopted.
Councilman Wilson seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-251
d. Drainage and Utility Easements, Rights of Way, and Lot Lines. Acceptance and Vacation. Authorize Mayor and City Manager to Sign.
(1) The Iveys, LLC. The Iveys Subdivision. 2148 Heights Court. Drainage and Utility Easements and Rights of Way. Acceptance.
City Manager Watkins stated that this Resolution accepts dedication of various drainage and utility easements and rights-of-way, as shown on the plat, The Iveys Subdivision, located at 2148 Heights Court, behind K-Mart and IHOP. Mr. Watkins recommended approval.
Councilwoman Mathews moved that the Resolution be adopted.
Councilwoman White seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-252
(2) Cleveland Brothers, Inc. Moore’s Mill Golf Club Subdivision, First Addition, First Revision of Lots 1-18, First Revision of Lot 3A. Vacation of Lot Line.
City Manager Watkins stated that this Resolution requests a vacation of a lot line, as shown on the plat Moore’s Mill Golf Club Subdivision, First Addition, First Revision of Lots 1-18, First Revision of Lot 3A, located in Moore’s Mill golf Club Subdivision. Mr. Watkins recommended that the Resolution be adopted.
Councilman Phelan moved that the Resolution be adopted.
Councilman Wilson seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-253
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9. RESOLUTIONS (cont).
e. Boards and Commissions. Appointments.
(1) Educational Building Authority of the City of Auburn. One Position. Six Year Term Expires November 8, 2011.
City Manager Watkins stated that the recommendation of the Committee of the Whole is the appointment of Jane Moore to the Educational Building Authority of the City of Auburn for a term of office beginning November 8, 2005 and ending November 8, 2011. He recommended that the Resolution be adopted.
Councilman Wilson moved that the Resolution be adopted.
Councilwoman Mathews seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
(2) Parks & Recreation Advisory Board. Two Positions. Four Year Terms Expire November 30, 2009.
City Manager Watkins stated that the recommendation of the Committee of the Whole is the reappointment of incumbents Larry F. Molt and Frederick “Butch” Brock to the Parks & Recreation Advisory Board for four year terms to expire November 30, 2009. He recommended that the Resolution be adopted.
Councilman Phelan moved that the Resolution be adopted.
Councilwoman Jackel seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-255
(3) Planning Commission. One Position. Unexpired Term Ends July 30, 2006.
City Manager Watkins stated that the recommendation of the Committee of the Whole is the appointment of Kimberlee Harrison to the Planning Commission for an unexpired term of office to expire July 30, 2006. He recommended that the Resolution be adopted.
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9. RESOLUTIONS (cont).
Councilwoman Mathews moved that the Resolution be adopted.
Councilman Wilson seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-256
10. OTHER BUSINESS.
None.
11. CITIZENS’ COMMUNICATIONS.
Mayor Ham asked for comments from citizens.
There being none, Mayor Ham asked for comments from Council Members.
Councilwoman White stated that in the minutes of the November 1, 2005 City Council meeting it states that Bishop Arthur L. Dowdell stated that “Officer Tyron White brought a knife to Councilwoman White and he urged the Council to look into this situation.”
Councilwoman White stated that this statement is incorrect and that she did not see the knife before it was presented to the City Council at the November 1, 2005 meeting by Bishop Dowdell.
Councilwoman Jackel stated that she had received a call from Rich Huey in Asheton Park expressing frustrations in the lack of progress for the traffic calming devices that are to be installed in Asheton Park.
City Manager Watkins stated that the City plans to purchase the traffic calming devices in December. He noted that this project was originally proposed for completion in September, and was not an anticipated project for FY05. He stated that the Public Works Department has utilized all its time in the planned fall street improvements.
Councilwoman Jackel asked what might be done to expedite the construction of traffic calming devices after approval by the Council.
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11. CITIZENS’ COMMUNICATIONS (cont).
Councilman Phelan stated that the Azelea Drive, Summertrees Drive, and Woodfield Drive traffic calming devices were done, in his opinion, in a timely manner.
Public Works Director Jeff Ramsey stated that he had a deadline to meet with a separate project, and had to make the decision to let the Asheton Park project wait a while longer. He also noted that the developer wanted to change the design of the traffic circles.
Councilwoman Jackel noted that the curb cuts in front of Auburn High School are not clearly marked or visible at night and that there are other places in the City that are not visible. She asked if the City could do something to make the curb cuts more visible at night.
Mr. Ramsey stated that a lot has to do with the lighting and he knows of one street light that is out in front of the High School. He noted that the City has reported this to Alabama Power for repair, however, the light has been out for quite some time. He stated that in many cases upgrading street lights will help.
Councilwoman White stated that she had experienced the same difficulty in determining curb cuts and lane dividers at night on South College Street.
Councilwoman Eckman noted that businesses on Opelika Highway do not have numbers on their buildings and it is difficult to locate particular businesses on that road.
Councilwoman White stated that anything the City could erect to indicate a block of business numbers would help.
Councilwoman Jackel thanked Planning Director Forrest Cotten and the Council for the lengthy discussion earlier in the meeting regarding PDD and zoning, she said it was a great learning experience for the Council.
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12. ADJOURNMENT.
Councilman Gray moved that the meeting be adjourned.
Councilwoman Mathews seconded the motion and all members voted aye.
Mayor Ham declared the meeting adjourned at 9:06 PM.
_____________________________
Mayor
ATTEST:
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City Manager