These minutes have been approved by City Council.
The City Council of the City of Auburn, Alabama met in regular session on Tuesday, December 6, 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, Gene Dulaney, and Mayor Ham. Also present was City Manager David F. Watkins and SGA Representative Brian Krogsgrad.
Absent: Councilmember Carolyn Mathews.
3. PLEDGE OF ALLEGIANCE.
All present recited the Pledge of Allegiance to the U. S. Flag.
4. MINUTES. November 15, 2005.
Councilman Wilson moved that the minutes be approved as written.
Councilwoman Jackel seconded the motion and all members voted aye.
Mayor Ham declared the minutes approved.
5. MAYOR’S COMMUNICATIONS. Mayor Ham.
Mayor Ham noted that the Auburn Thunder 92 Girls Soccer Team and Auburn Thunder U-10 Boys Soccer Team are present and said he wanted to read a Resolution honoring the teams for their exceptional season.
Councilman Wilson moved that the Resolution be moved from Other Business to this time on the agenda.
Councilman Gray seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
a. Auburn Thunder 92 Girls Soccer Team and Auburn Thunder U-10
Boys Soccer Team. Recognition.
Mayor Ham read the Resolution commending and publicly recognizing the teams for their outstanding seasons. He noted that both teams will represent the City of Auburn and the State of Alabama at their upcoming regional competitions.
City Council Minutes
December 6, 2005
Page 2
5. MAYOR’S COMMUNICATIONS (cont).
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. 05-257
b. Employee of the Month.
Carol Ebert.
Economic Development Department.
Mayor Ham read a memorandum from Phillip Dunlap nominating Carol Ebert as Employee of the Month for December 2005 for her outstanding work as she performed her duties as Administrative Assistant in the Economic Development Department. (A copy of the memorandum is attached to the original minutes). Mayor Ham presented Mrs. Ebert with an Employee of the Month certificate and a small gift from the City Council. Mayor Ham thanked Carol for the major role she plays in the successful recruitment of industry, her exemplary and efficient work, and stated that she is a fine example of the competent and dedicated employees working for the City of Auburn.
c. Michelle Wall. Certified Payroll Professional Designation.
American Payroll Association. Achievement Award.
Mayor Ham presented a Certificate of Achievement to Michelle Wall for earning the Certified Payroll Professional Designation from the American Payroll Association. (A copy of the memorandum for recognition is attached to the original minutes). Mayor Ham congratulated Michelle on the attainment of this significant certification.
d. 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. The Committee heard a presentation from Student Council representatives of Cary Woods School. The school will inform the Council of its Red Light Awareness campaign schedule for March 2006. The Committee also heard a presentation from Phillip Dunlap, Andrea Jackson and Bob Young regarding the issuance of Industrial Development Refunding and Improvement Bonds for Weidmann Plastics. He noted that an ordinance has been prepared by the bond attorney and will be considered at the proper time on the agenda.
City Council Minutes
December 6, 2005
Page 3
5. MAYOR’S COMMUNICATIONS (cont).
e. Announcements.
None.
6. SGA COMMUNICATIONS. SGA Representative Brian Krogsgrad.
SGA Representative Brian Krogsgrad said Adam Waldron was unable to be present. Mr. Krogsgrad reported that the Beat Bama Food Drive was a success. He noted that Auburn University students collected 99,000+ pounds of food enabling Auburn University to win the friendly competition between Auburn and Alabama students by over 30,000 pounds. Brian thanked everyone for their participation and said the food was delivered to the Food Bank in the respective towns.
7. CITY MANAGER’S COMMUNICATIONS. City Manager Watkins.
a. Purchasing. Recommendations.
(1) Public Safety Department – Police Division.
(a) 2006 Police Motorcycle. Big Swamp Harley Davidson.
$17,769.42.
City Manager Watkins stated that bids were invited for the purchase of a 2006 Police Motorcycle for use by the Public Safety Department – Police Division. Three (3) bids were submitted as follows:
Except. to
Vendor Amount Bid Bid Specs. Notes
Big Swamp Harley Davidson $17,769.42 Yes 60-90 days
Harley Davidson of Mont. $17,936.60 Yes
Renegade LA $18,959.00 No 120 days
Mr. Watkins noted that the apparent low bid was submitted by Big Swamp Harley Davidson. He said the one exception by the company has been determined to be a minor exception and recommended that the contract be awarded to that company in the amount of $17,769.42.
City Council Minutes
December 6, 2005
Page 4
7. CITY MANAGER’S COMMUNICATIONS (cont).
Councilman Dulaney moved that the recommendation be accepted.
Councilman Wilson seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
(b) 2006 Chevrolet Trailblazer Sport Utility Vehicles (2)
and 2006 Ford Crown Victoria Police Sedans (11).
Ben Atkinson Chevrolet, Inc. and Family Ford Sales,
Inc. $41,688.76 and $230,725. State Contract.
City Manager Watkins stated that the Public Safety Department – Police Division is requesting the purchase of two 2006 Chevrolet Trailblazer Sport Utility Vehicles from Ben Atkinson Chevrolet, Inc. in the amount of $41,688.76 and the purchase of eleven (11) 2006 Ford Crown Victoria police sedans from Family Ford Sales, Inc. in the amount of $230,725. Mr. Watkins noted that both companies have the State Contract for these type vehicles and recommended approval of purchases as stated.
Councilman Phelan moved that the recommendation be accepted.
Councilwoman Jackel seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
(2) Parks and Recreation Department. 2006 Flatbed Truck w/Dump
Bed. Ben Atkinson Chevrolet, Inc. and Alabama Auto Carriage.
$25,689.29. State Contract.
City Manager Watkins stated that the Parks & Recreation Department is requesting the purchase of a 2006 Flatbed Truck w/Dump Bed. The vehicle can be purchased on State Contract from Ben Atkinson Chevrolet, Inc. with the dump coming from Alabama Auto Carriage in the amount of $25,689.29. Mr. Watkins recommended that the purchase be made as stated.
Councilman Dulaney moved that the recommendation be accepted.
Councilwoman Eckman seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
City Council Minutes
December 6, 2005
Page 5
7. CITY MANAGER’S COMMUNICATIONS (cont).
(3) Public Works Department. Speed Cushions (15). Road Kare Ltd.
$14,490.
City Manager Watkins stated that the bids were invited by the Public Works Department for the purchase of fifteen (15) speed cushions to be used for the Asheton Park Subdivision traffic calming project. He noted that two bids were submitted:
Vendor Bid Amount
Road Kare Ltd. $14,490.00
Fairfield Glade, TN
Safer Roads $17,925.00
Jacksonville, FL
Mr. Watkins stated that Council approved the installation of the traffic calming devices at a previous meeting and noted that this is the first step to install the devices which include speed cushions and traffic circles. He recommended that the purchase be made from Road Kare Ltd. in the amount of $14,490.
Councilwoman Jackel moved that the recommendation be accepted.
Councilwoman Eckman seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
(4) Finance Department. Modular Office Space Management
Equipment. Architectural Interiors. $49,313.
City Manager Watkins stated that the Finance Department is reorganizing office space in its Accounting Office on the second floor in City Hall. He said in order to accomplish this reorganization, the department needs to purchase modular office space management equipment (similar to equipment in IT Department). Mr. Watkins noted that the equipment is on the State Contract and can be purchased from Architectural Interiors and recommended the purchase in the amount of $49,313.
Councilman Phelan moved that the recommendation be accepted.
Councilman Dulaney seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
City Council Minutes
December 6, 2005
Page 6
7. CITY MANAGER’S COMMUNICATIONS (cont).
b. Alcoholic Beverage Licenses. Consideration.
(1) Horne and Associates, Inc. dba/The Brass Brassiere.
2328 South College Street, Unit 7. Retail Table Wine
(On or Off Premise) License.
City Manager Watkins stated that an application for a Retail Table Wine (On or Off Premise) License was submitted by Horne and Associates, Inc. dba/The Brass Brassiere to be located at 2328 South College Street, Unit 7. He noted that this business is located in the Comprehensive Development District (CDD) and said the use of the property as a restaurant-pub is a permitted use in that zoning district. Mr. Watkins recommended approval of the request.
Councilwoman Jackel moved that the City Manager’s recommendation be accepted.
Councilman Phelan seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
(2) Auburn BBQ, LLC dba/Golden Rule Barbeque. 1936 South College
Street. Restaurant Retail Liquor License. Transfer of Ownership.
City Manager Watkins stated that a Restaurant Retail Liquor License application was submitted by Auburn BBQ, LLC dba/Golden Rule Barbeque located at 1936 South College Street. He noted that this business is located in the Commercial Development District (CDD) and said a restaurant serving alcohol is a permitted use in that zoning district. Mr. Watkins noted that the request is a change of ownership and recommended approval of the request.
Councilman Wilson moved that the City Manager’s recommendation be accepted.
Councilman Dulaney seconded the motion and all members voted aye.
Mayor Ham declared the motion carried.
c. Announcement of Board Vacancies. Appointments at January 3,
2006 Meeting.
Mr. Watkins announced that two vacancies will exist on the Board of Zoning Adjustment. The terms expire January 20, 2006 and appointments will be made at the January 3, 2006 meeting.
City Council Minutes
December 6, 2005
Page 7
8. ORDINANCES.
a. Annexations. Planning Commission Recommendation. Unanimous
Consent Necessary.
(1) Charles Abercrombie. Property Located on North Side of
Winter Hawk Drive, East of the Intersection of Oceola Court.
Creek Nation Subdivision. 3.2 Acres.
(a) Lot 30.
City Manager Watkins stated that the request is to annex 3.2 acres into the City limits. He said the owner of the property is Charles Abercrombie for property located at 816 Winter Hawk Drive, Lot 30 (Lee Road 415). He said Creek Nations Subdivision is on the east side of Society Hill Road, approximately two miles south of Moore’s Mill Road. He said this property is contiguous to the City limits and there are currently two structures on the property – a house and an accessory structure. There are no school-aged children living on the property. Mr. Watkins said that the Planning Commission recommended in a unanimous vote at its November 10, 2005 meeting that the property be annexed.
Councilman Dulaney introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Dulaney 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.
Hearing no objection from 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, Dulaney, Gray, Jackel, Phelan, and Mayor Ham. Voting nay: Eckman.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2343
City Council Minutes
December 6, 2005
Page 8
8. ORDINANCES (cont).
(b) Lot 31.
City Manager Watkins stated that the request is to annex 3.2 acres into the City limits. He said the owner of the property is Charles Abercrombie for property located at 816 Winter Hawk Drive, Lot 31 (Lee Road 415). He said Creek Nations Subdivision is on the east side of Society Hill Road, approximately two miles south of Moore’s Mill Road. He said this property is contiguous to the City limits and is currently vacant. Mr. Watkins said that the Planning Commission recommended in a unanimous vote at its November 10, 2005 meeting that the property be annexed.
Councilman Dulaney introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Dulaney 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.
Hearing no objection from the Council, Mayor Ham declared unanimous consent granted and the Ordinance ready for adoption.
Upon roll call vote, the following Council members voted aye: Wilson, Dulaney, Gray, Jackel, Phelan, White, and Mayor Ham. Voting nay: Eckman.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2344
(2) William J. Trussell III. Property Located on South Side of
Society Hill Road (Lee Road 054). .39 Acres.
City Manager Watkins stated that the request is to annex .39 acres into the City limits. He said the owner of the property is William J. Trussell III for property located on the south side of Society Hill Road (Lee Road 054). He said GIS Division noticed a discrepancy in the map and suggested that this correction be made. He said this property is contiguous to the City limits and is currently vacant. Mr. Watkins said that the Planning Commission recommended in a unanimous vote at its November 10, 2005 meeting that the property be annexed.
City Council Minutes
December 6, 2005
Page 9
8. ORDINANCES (cont).
Councilman Phelan introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Phelan moved that unanimous consent be granted to consider the Ordinance.
Councilwoman White seconded the motion.
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
Hearing no objection from the Council, Mayor Ham declared unanimous consent granted and the Ordinance ready for adoption.
Upon roll call vote, the following Council members voted aye: Dulaney, Eckman, Gray, Jackel, Phelan, White, and Mayor Ham. Voting nay: None.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2345
(3) Phillips Family Partnership. Property Located on the North
and South Sides of West Veterans Boulevard between
South College Street and Auburn Technology Park North.
122 Acres.
City Manager Watkins stated that the request is to annex 122 acres into the City limits. He said the owner of the property is Phillips Family Partnership for property located on the North and South sides of West Veterans Boulevard between South College Street and Auburn Technology Park North. He said this property is contiguous to the City limits and there is currently one structure on the property, an accessory storage shed. Mr. Watkins said that the Planning Commission recommended in a unanimous vote at its November 10, 2005 meeting that the property be annexed.
Councilman Wilson introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Wilson moved that unanimous consent be granted to consider the Ordinance.
Councilman Dulaney seconded the motion.
City Council Minutes
December 6, 2005
Page 10
8. ORDINANCES (cont).
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
Hearing no objection from the Council, Mayor Ham declared unanimous consent granted and the Ordinance ready for adoption.
Upon roll call vote, the following Council members voted aye: Eckman, Gray, Jackel, Phelan, White, Wilson, Dulaney, and Mayor Ham. Voting nay: None.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2346
(4) Auburn Investments, LLC. Property Located on the East Side of
North College Street, South of Intersection of Asheton Lane.
4 Acres.
City Manager Watkins stated that the request is to annex 4 acres into the City limits. He said the owner of the property is Auburn Investments, LLC for property located on the East side of North College Street, South of the Intersection of Asheton Lane. He said this property is contiguous to the City limits and the property is currently vacant. Mr. Watkins said that the Planning Commission recommended in a unanimous vote at its November 10, 2005 meeting that the property be annexed.
Councilman Wilson introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Wilson moved that unanimous consent be granted to consider the Ordinance.
Councilman Phelan seconded the motion.
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
Hearing no objection from the Council, Mayor Ham declared unanimous consent granted and the Ordinance ready for adoption.
City Council Minutes
December 6, 2005
Page 11
8. ORDINANCES (cont).
Upon roll call vote, the following Council members voted aye: Gray, Jackel, Phelan, White, Wilson, Dulaney, and Mayor Ham. Voting nay: Eckman.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2347
b. Zoning. The Preserve, LLC. Property Located on Farmville Road.
Amend Master Development Plan. Planning Commission
Recommendation. SECOND READING.
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, west of Mrs. James Road, was annexed in October 2004, and was unanimously recommended to Council for approval by the Planning Commission at its October 13, 2005 regular meeting and the vote was unanimous. Mr. Watkins noted that the first reading was held on November 15, 2005; however, unanimous consent to consider the Ordinance was not granted on its first reading. He noted that the City Council had questions as to whether the Planned Development District (PDD) supersedes the underlying zoning designation, Development District Housing (DDH). Mr. Watkins stated that the staff polled several other Alabama cities and explained that the City of Auburn has a unique Zoning Ordinance. The PDD was adopted in 1990’s and has been utilized since that time and the traditional understanding is that the underlying zoning district rules. The PDD is a tool whereby the developer submits a master plan. He said criteria typically used to amend the master plan focuses mainly on impact of traffic. He noted that the staff looked at traffic impacts and feels that an increase of two units per acre in density is not significant enough to warrant not approving the amendment to the master plan.
Councilwoman Eckman asked the status of the Planning Department project to revise the PDD requirements.
Mr. Cotten said the staff is working on the proposed revisions to the PDD/master plan requirements revisions. He said the revisions are forthcoming but he currently does not have an exact timeline.
Councilwoman Eckman asked that this project be completed as quickly as possible.
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December 6, 2005
Page 12
8. ORDINANCES (cont).
Councilman Wilson moved that the Ordinance be adopted.
Councilman Gray seconded the motion and upon roll call vote, the following Council members voted aye: Phelan, White, Wilson, Dulaney, Gray, and Mayor Ham. Voting nay: Jackel and Eckman.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2348
c. Zoning. Planning Commission Recommendations. Public
Hearings Required. Unanimous Consent Necessary.
(1) Phillips Family Partnership. Property Located on West Veterans
Boulevard, South College Street, and Interstate 85. Rezone from
Rural District ( R) to Commercial Development District (CDD).
122 Acres.
City Manager Watkins stated that this request is from the Phillips Family Partnership for property located on West Veterans Boulevard, South College Street, and Interstate 85. He said the request is to rezone approximately 122 acres from Rural District (R) to Commercial Development District (CDD). Mr. Watkins noted that the Auburn Planning Commission unanimously recommended approval of this request at its November 10, 2005 regular meeting. Mr. Watkins noted that a public hearing has been advertised to be held at this meeting.
Mayor Ham declared the public hearing opened.
There being no comments from the audience, Mayor Ham declared the public hearing closed.
Councilman Wilson introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Wilson moved that unanimous consent be granted to consider the Ordinance.
Councilman Dulaney seconded the motion.
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
City Council Minutes
December 6, 2005
Page 13
8. ORDINANCES (cont).
Hearing no objection from 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, Dulaney, Eckman, Gray, Jackel, Phelan, and Mayor Ham. Voting nay: None.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2349
(2) Cleveland Brothers, Inc. Grove Hill Walker PDD. Property located at South End of Grove Hill Subdivision, Adjacent to Grove Hill 2nd, 3rd, 5th, and 7th Additions, and Grove Hill Windway 2nd Addition, Near Terminus of Stanton Drive and Grove Hill Road. Amend Master Plan.
City Manager Watkins stated that this request is from Cleveland Brothers, Inc. for property located at South End of Grove Hill Subdivision, adjacent to Grove Hill 2nd, 3rd, 5th, and 7th Additions, and Grove Hill Windway 2nd Addition, near terminus of Stanton Drive and Grove Hill Road. He said the request is to amend the Master Plan. Mr. Watkins noted that the Auburn Planning Commission recommended approval of this request at its November 10, 2005 regular meeting by a vote of 7 for the motion and one voting against the motion for approval. Mr. Watkins noted that a public hearing has been advertised to be held at this meeting.
Mayor Ham declared the public hearing opened.
There being no comments from the audience, Mayor Ham declared the public hearing closed.
Councilman Dulaney introduced the Ordinance.
City Manager Watkins read the Ordinance by Title.
Councilman Dulaney moved that unanimous consent be granted to consider the Ordinance.
Councilman Phelan seconded the motion.
Mayor Ham asked if there is an objection to the Ordinance being considered on its first reading.
City Council Minutes
December 6, 2005
Page 14
8. ORDINANCES (cont).
Hearing no objection from the Council, Mayor Ham declared unanimous consent granted and the Ordinance ready for adoption.
Upon roll call vote, the following Council members voted aye: Wilson, Dulaney, Eckman, Gray, Jackel, Phelan, White, and Mayor Ham. Voting nay: None.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2350
d. Issue General Obligation Warrants. Auburn Technology Park West.
Sun Trust Leasing Corporation. $6,000,000. Unanimous Consent
Necessary.
City Manager Watkins stated that this Ordinance authorizes the issuance of General Obligation Warrants in the amount of $6,000,000 to SunTrust Leasing Corporation. He said bids were invited for this borrowing and the low bid was submitted by SunTrust Leasing Corporation at the fixed rate of 3.658% with monthly payments for nine years and is non-callable. He said the proceeds will be used to provide financing for the design and construction of infrastructure in Auburn Technology Park West. Mr. Watkins said the City’s bond counsel, Bradley Arant Rose & White of Birmingham prepared the ordinance and amortization schedule. He recommended that the Ordinance be adopted.
The following ordinance was introduced in writing by Councilmember Logan Gray and read to the meeting:
ORDINANCE NO. 2351
AN ORDINANCE TO BORROW $6,000,000
AND ISSUE ONE GENERAL OBLIGATION WARRANT
IN THE PRINCIPAL AMOUNT OF $6,000,000
(A copy of the entire Ordinance is included in the Ordinance Book).
Councilmember Gray moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Dulaney and, upon the said motion being put to vote, the following vote was recorded:
City Council Minutes
December 6, 2005
Page 15
8. ORDINANCES (cont).
YEAS: NAYS:
Mayor Ham None
Councilmembers White
Wilson
Dulaney
Eckman
Gray
Jackel
Phelan
The Chairman thereupon declared that the motion for unanimous consent for immediate consideration of and action on said ordinance was unanimously carried. Councilmember Gray thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Dulaney and, upon the said motion being put to vote, the following vote was recorded:
YEAS: NAYS:
Mayor Ham None
Councilmembers Wilson
Dulaney
Eckman
Gray
Jackel
Phelan
White
The Chairman thereupon announced that the motion for adoption of said ordinance had been unanimously carried.
ORDINANCE NO. 2351
e. Industrial Development Board. Issuance of Taxable Industrial Development Refunding and Improvement Bonds, Series 2005-A. Weidman Plastics Technology North America, Inc. $5,515,000. Unanimous Consent Necessary.
City Council Minutes
December 6, 2005
Page 16
8. ORDINANCES (cont).
City Manager Watkins stated that this Ordinance approves an Appropriation Agreement between the City and the Industrial Development Board (IDB) to allow the IDB to issue $5,515,000 in Taxable Industrial Development Refunding and Improvement Bonds, Series 2005-A for the purposes of re-financing and expanding Weidmann Plastics Technology North America, Inc. Mr. Watkins noted that a presentation on the Appropriation Agreement by the Economic Development Director, Finance Director and the Bond Underwriter. He said that Allied Irish Bank will handle the financing for this project which includes loan swap financing. He recommended that the Ordinance be adopted.
The following ordinance was introduced in writing by Councilmember Logan Gray and read to the meeting:
ORDINANCE NO. 2352
AN ORDINANCE
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
APPROPRIATION AGREEMENT DATED AS OF DECEMBER 1, 2005
(A copy of the entire Ordinance is included in the Ordinance Book).
Councilmember Gray moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Phelan and, upon the said motion being put to vote, the following vote was recorded:
YEAS: NAYS:
Mayor Ham None
Councilmembers Wilson
Dulaney
Eckman
Gray
Jackel
Phelan
White
City Council Minutes
December 6, 2005
Page 17
8. ORDINANCES (cont).
The Chairman thereupon declared that the motion for unanimous consent for immediate consideration of and action on said ordinance was unanimously carried.
Councilmember Gray thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Dulaney and, upon the said motion being put to vote, the following vote was recorded:
YEAS: NAYS:
Mayor Ham None
Councilmembers Dulaney
Eckman
Gray
Jackel
Phelan
White
Wilson
The Chairman thereupon announced that the motion for adoption of said ordinance had been unanimously carried.
ORDINANCE NO. 2352
9. RESOLUTIONS.
a. Industrial Development Board. Concurrence.
(1) Nikki America Fuel Systems, LLC. Issue $8,000,000 Revenue
Bonds. TEFRA Public Hearing Required.
City Manager Watkins stated that this Resolution concurs with the Industrial Development Board action to issue not to exceed $8,000,000 principal amount of revenue bonds to finance certain facilities for use by Nikki America Fuel Systems, LLC located at 272 Technology Parkway. He noted that Council is required by Treasury Regulations to conduct a TEFRA public hearing to solicit comments from citizens regarding the use of these funds for the purpose enumerated.
Mr. Watkins recommended that the Resolution be adopted.
City Council Minutes
December 6, 2005
Page 18
8. ORDINANCES (cont).
Mayor Ham opened the TEFRA public hearing.
There being no comments from the audience, Mayor Ham declared the TEFRA public hearing closed.
Councilwoman Mathews moved that the Resolution be adopted.
Councilman Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-258
(2) Shug Jordan Commercial Park. Convey Lot 5.
City Manager Watkins stated that this Resolution conveys Lot 5, Shug Jordan Commercial Park, to the Industrial Development Board. The lot will be sold to the adjacent property owner for $13,000 per acre to support the location of a project in a vacant building located at 308 and 310 Alabama Street. He recommended that the Resolution be approved.
Councilwoman Eckman asked where the project is located.
Mr. Dunlap explained that Shug Jordan Commercial Park is located on the back side of the property on which is located the Water Resource Management Department. He noted that the property will be sold to the adjacent property owner in order that MDT Armor, a company currently housed in the Auburn Center for Developing Industries (ACDI) building, can locate on the property at 308 and 310 Alabama Street.
Councilman Wilson moved that the Resolution be adopted.
Councilman Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-259
(3) Auburn Training Connection. Acquisition of Capital Equipment.
City Manager Watkins stated that this Resolution concurs with the Industrial Development Board’s (IDB’s) action to support the development of a more skilled labor force through utilization of the Auburn Training Connection.
City Council Minutes
December 6, 2005
Page 19
9. RESOLUTIONS (cont).
Mr. Watkins said the IDB plans to acquire capital equipment for use by Auburn Training Connection in the amount of $174,251 in order to fully equip the training labs at the Auburn Training Connection facility. He noted that this will provide a direct effort to make workforce development a higher profile issue for industry recruitment and retention. He recommended that the Resolution be adopted.
Councilman Dulaney noted that he serves as the Council representative on the ATC Board and recognized that the ATC provides valuable resources for industry recruitment and retention, training for industrial employees, and valuable work experience for high school students.
Mr. Dunlap added that the additional equipment will make the Career Technical Program at the high school a more viable one.
Councilman Dulaney moved that the Resolution be adopted.
Councilwoman Eckman seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-260
b. Economic Development Department – Community Development
Division. Community Development Block Grant Program.
Amendments.
(1) Housing Rehabilitation Deferred Loan Policy and
City-Wide Loan Policy.
City Manager Watkins stated that this Resolution will amend the Community Development Block Grant Program (CDBG) to increase the maximum loan amount to $20,000 in the Housing Rehabilitation Deferred Loan Policy and the City-Wide Loan Policy. He noted the loan increases will more adequately address the needs of the homeowners.
Councilwoman Jackel moved that the Resolution be adopted.
Councilwoman Eckman seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-261
City Council Minutes
December 6, 2005
Page 20
9. RESOLUTIONS (cont).
(2) FY05 Action Plan. Eliminate Bike Striping Project.
City Manager Watkins stated that this Resolution amends the FY05 CDBG Action Plan by eliminating the Bike Striping Project. He noted that this project was funded in the amount of $10,000 to stripe bike lanes on Foster Street, Bedell Avenue, and Boykin Street. Residents in the area expressed concerns that the bike lane striping would limit on-street parking. He noted that the funds will be re-allocated to the Utility Assistance Program to assist with utility bills during the winter months in view of the increase in fuel costs locally and nation-wide. Mr. Watkins noted that federal regulations require that all Action Plan amendments be approved by the Council and he recommended that the Resolution be adopted.
Mayor Ham declared the public hearing opened.
There being no comments from the audience, Mayor Ham declared the public hearing closed.
Councilman Wilson moved that the Resolution be adopted.
Councilman Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-262
c. Development Agreement and Professional Services Contracts and
Agreements. Authorize Mayor and City Manager to Sign.
(1) Development Agreement. Warr Development Company,
Inc. Oak Hill Subdivision. Richland Road.
Mr. Watkins stated that the Development Agreement with Warr Development Company is the end product of a development review process authorized by the Council in April 2005. He noted that the Development Committee, comprised of various City Department Heads and chaired by Planning Director Forrest Cotten, was tasked with evaluating the impact and expenses associated with this development. An agreement has been formulated that articulates the various impacts and expenses and how they will be addressed for the purpose of ensuring that the infrastructure needs associated with the project and surrounding area, if appropriate, are secured.
City Council Minutes
December 6, 2005
Page 21
9. RESOLUTIONS (cont).
Mr. Cotten noted that an Executive Summary, highlighting the Agreement’s contents was prepared for Council review and noted that the Agreement sets forth financial commitments between the City and Warr Development Company, Inc. as they relate to the provision of water and sewer service for the development, as well as offsite transportation expenses. A copy of the Executive Summary is attached to the minutes.
Mr. Watkins explained that this is a smaller project in terms of area as others on Richland Road; however, he said, the Development Committee considers each on a case-by-case basis and the size is taken into consideration.
Councilman Dulaney moved that the Resolution be adopted.
Councilwoman Eckman seconded the motion.
Councilwoman Eckman asked what happens when other developers want to develop in this area.
Mr. Watkins explained how the Development Committee works with each development as it proceeds and negotiations resume so that all developers pay commiserate compensation.
Councilwoman Eckman asked who will pay for the installation of a traffic light when warranted and the road.
Mr. Watkins explained that the 90% of the cost of the road is being paid for by Fred Peak. The 10% that the City will pay for includes the additional width of the roadway and the bike path.
Upon the motion before the Council, all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 05-263
(2) Professional Services Contracts and Agreements.
(a) Public Safety Department and Auburn University. Police
Merger. Amend Original Agreement. Second Addendum.
City Council Minutes
December 6, 2005
Page 22
9. RESOLUTIONS (cont).
City Manager Watkins stated that this Resolution authorizes the Mayor and City Manger to sign a Second Addendum to the August 4, 2004, Merger Agreement between the Auburn University Public Safety Department and the City of Auburn Public Safety Department. He noted that the addendum makes adjustments to the financial commitment of the contract for the period October 1, 2005 through September 30, 2006. He noted that other sections of the contract are reaffirmed in all aspects to include that adjustments are made to the City in order to capture actual costs. Mr. Watkins recommended that the agreement be authorized.
Councilman Phelan moved that the Resolution be adopted.
Councilman Dulaney seconded the motion.
Councilwoman Eckman asked if the City’s police presence on the AU campus was comparable to the presence AU had prior to the merger agreement. She mentioned the dinosaur head stolen from the AU Geology Department as an example that perhaps less police presence being a contributing factor to the theft.