These minutes have been approved by City Council.
The City Council of the City of Auburn, Alabama met in regular session on Tuesday, November 21, 2006 at 7:40 PM in the Council Chamber in the Auburn Public Safety Building at 141 North Ross Street.
1. CALL TO ORDER. Mayor Bill Ham, Jr.
Mayor Pro Tem Phelan called the meeting to order.
2. ROLL CALL.
Present: Councilpersons Brent Beard, Arthur L. Dowdell, Sr., Gene Dulaney, Sheila Eckman, Robin Kelley, Bob Norman, Thomas Worden, and Mayor Pro Tem Phelan. Also present was City Manager Charles M. Duggan, Jr.
Absent: Mayor Bill Ham, Jr.
3. PLEDGE OF ALLEGIANCE.
All present recited the Pledge of Allegiance to the U. S. Flag.
4. MINUTES. November 7, 2006.
Councilperson Dowdell moved that the minutes be approved.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the minutes approved.
5. MAYOR’S COMMUNICATIONS. Mayor Pro Tem Phelan.
a. Committee of the Whole.
Mayor Pro Tem Phelan stated that the Committee of the Whole (COW) met just prior to this meeting. The minutes of the last COW meeting were approved.
Mayor Pro Tem Phelan noted that reports were provided to the Council as follows: Community Development Update by Assistant Director of Economic Development Sharon Tolbert; Public Housing Overview by Executive Director of the Auburn Housing Authority Lee Eastman; and Moton Redevelopment Study Update by Dick Lindsey with Development Solutions, LLC. Mayor Pro Tem Phelan noted that the entire presentation may be found on the City’s web site at www.auburnalabama.org. He noted that the City Council agreed to move the January 2007 meetings to the 2nd and 4th Tuesdays and agreed to nominate John T. Folmar to fill a vacancy on the Parks & Recreation Advisory Board.
City Council Minutes
November 21, 2006
Page 2
5. MAYOR’S COMMUNICATIONS (cont).
b. National Football Foundation. Youth Tackle Football.
Presentation of Check. Trey Johnston. $2,500.
Mayor Pro Tem Phelan noted that the City recently received notice that the youth football program has been designated to receive a grant of $2,500 from the National Football Foundation. He noted that the application for the grant was completed by Houston Manning and Jarrett Jones of the Parks & Recreation Department staff. He said Trey Johnston, President of the local chapter of the National Football Foundation is present to make the check presentation to the City.
Mr. Johnston presented a check in the amount of $2,500 to the City to be used for the youth tackle football program. He thanked the Parks & Recreation Department Director and her staff for writing the grant and for continuing to promote youth athletics in the City. He noted that this is the 5th year that the City has participated in this program.
c. Lee County Emergency Management Agency. National Weather
Service Update. Faith Aguillard.
Mayor Pro Tem Phelan recognized Lee County Emergency Management Agency Director Faith Aguillard. Ms. Aguillard introduced Jason Wright with the National Weather Service, Birmingham, AL. Mr. Wright presented the City with a letter certificate, two Storm Ready signs, and a Storm Ready plaque to recognize that the City is now a Storm Ready community. Mr. Wright noted that the City of Auburn is one of five communities in the State of Alabama that received this designation noting that a community cannot be storm proof but it can be Storm Ready to offer assistance before and after any major weather event.
Mayor Pro Tem Phelan thanked Ms. Aguillard and Mr. Wright for the items presented and for taking time to attend the meeting.
d. Announcements.
None.
6. AUBURN UNIVERSITY COMMUNICATIONS.
None.
City Council Minutes
November 21, 2006
Page 3
7. CITY MANAGER’S COMMUNICATIONS. City Manager Duggan.
a. Water Resource Management Department. L2800 Tractor w/
Loader/Bucket. Capital Tractor, Inc. State Contract. $23,213.50.
City Manager Duggan stated that the request is to purchase on State contract a L2800 Tractor w/Loader/Bucket from Capital Tractor, Inc. in the amount of $23,213.50 for use in the Water Resource Management Department – Sewer Maintenance Division. Mr. Duggan recommended that the purchase be made.
Councilperson Beard moved that the recommendation be accepted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the motion carried.
8. ORDINANCES.
a. Annexation. Michael Dilworth. Property Located East of
Ogletree Road, Adjacent to Bent Brooke Subdivision. 9.55 Acres.
Planning Commission Recommendation. Unanimous Consent
Necessary.
City Manager Duggan stated that the request is to annex approximately 9.55 acres into the City limits. He said the owner of the property is Michael Dilworth for property located east of Ogletree Road adjacent to Bent Brooke Subdivision. He said this property is contiguous to the City limits on the north, east and west and is currently vacant property. Mr. Duggan said that the Planning Commission recommended in a unanimous vote at its November 9, 2006 meeting that the property be annexed.
Councilperson Dulaney introduced the Ordinance.
City Manager Duggan read the Ordinance by Title.
Councilperson Dulaney moved that unanimous consent be granted to consider the Ordinance.
Councilperson Beard seconded the motion.
Mayor Pro Tem Phelan asked if there is an objection to the Ordinance being considered on its first reading.
Hearing no objection from the Council, Mayor Pro Tem Phelan declared unanimous consent granted and the Ordinance ready for adoption.
City Council Minutes
November 21, 2006
Page 4
8. ORDINANCES (cont).
Councilperson Dulaney moved that the Ordinance be adopted.
Councilperson Beard seconded the motion and upon roll call vote, the following Council members voted aye: Beard, Dowdell, Dulaney, Norman, Kelley, Worden and Mayor Pro Tem Phelan. Voting nay: Eckman.
Mayor Pro Tem Phelan declared the Ordinance adopted.
ORDINANCE NO. 2441
b. Zoning. Jay Conner/North Lake, Inc. Rezone from Comprehensive
Development District (CDD) to Development District Housing (DDH).
Property Located South of Farmville Road, West of Highway 280.
43.65 Acres. Planning Commission Recommendation. Public Hearing
Required. Unanimous Consent Necessary.
City Manager Duggan stated that the request is to rezone from Comprehensive Development District (CDD) to Development District Housing (DDH) approximately 43.65 acres of property located south of Farmville Road and west of Highway 280. Mr. Duggan said the Planning Commission unanimously recommended approval of the request at its October 12, 2006 meeting. Mr. Duggan noted that a public hearing is required and has been advertised for this meeting.
Mayor Pro Tem Phelan opened the public hearing.
There being no comments from the audience, Mayor Pro Tem Phelan declared the public hearing closed.
Councilperson Dowdell introduced the Ordinance.
City Manager Duggan read the Ordinance by Title.
Councilperson Dowdell moved that unanimous consent be granted to consider the Ordinance.
Councilperson Beard seconded the motion.
Mayor Pro Tem Phelan asked if there is an objection to the Ordinance being considered on its first reading.
Hearing no objection from the Council, Mayor Pro Tem Phelan declared unanimous consent granted and the Ordinance ready for adoption.
City Council Minutes
November 21, 2006
Page 5
8. ORDINANCES (cont).
Councilperson Dowdell moved that the Ordinance be adopted.
Councilperson Beard seconded the motion and upon roll call vote, the following Council members voted aye: Dowdell, Dulaney, Eckman, Kelley, Norman, Worden, Beard, and Mayor Pro Tem Phelan. Voting nay: None.
Mayor Pro Tem Phelan declared the Ordinance adopted.
ORDINANCE NO. 2442
c. Traffic Signs and Devices. Amend Ordinance No. 1499 and
Section 22-7, City Code. Selected Subdivisions. Unanimous
Consent Necessary.
City Manager Duggan stated that this Ordinance establishes and sets traffic control signs and devices and authorizes speed limit signs in several new subdivisions within the City as shown in the Ordinance.
Councilperson Dulaney introduced the Ordinance.
City Manager Duggan read the Ordinance by Title.
Councilperson Dulaney moved that unanimous consent be granted to consider the Ordinance.
Councilperson Worden seconded the motion.
Mayor Pro Tem Phelan asked if there is an objection to the Ordinance being considered on its first reading.
Hearing no objection from the Council, Mayor Pro Tem Phelan declared unanimous consent granted and the Ordinance ready for adoption.
Councilperson Dulaney moved that the Ordinance be adopted.
Councilperson Worden seconded the motion and upon roll call vote, the following Council members voted aye: Dulaney, Eckman, Kelley, Norman, Worden, Beard, Dowdell, and Mayor Pro Tem Phelan. Voting nay: None.
Mayor Pro Tem Phelan declared the Ordinance adopted.
ORDINANCE NO. 2443
9. RESOLUTIONS.
a. Zoning. Conditional Use Approvals. Planning Commission
Recommendations. Public Hearings Required.
City Council Minutes
November 21, 2006
Page 6
9. RESOLUTIONS (cont).
(1) Multi-Family Development in the University
Services (US) Zoning District.
(a) The Musselwhite Group. Copper Hill Condos.
Property Located at 654 West Glenn Avenue,
West of North Donahue Drive.
City Manager Duggan stated that this is a request from The Musselwhite Group for conditional use approval for a multi-family development (Copper Hills Condominiums) in the University Services (US) zoning district. He noted that the subject property is located at 654 West Glenn Avenue, west of North Donahue Drive. He noted that the Planning Commission unanimously recommended approval of the request at its November 9, 2006 meeting. Mr. Duggan noted that a public hearing has been advertised to be held at this meeting.
Mayor Pro Tem Phelan declared the public hearing opened.
There being no comments from the audience, Mayor Pro Tem Phelan closed the public hearing.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-313
(b) West Glenn, LLC. West Glenn Avenue Condo Project.
Property Located at 320 West Glenn Avenue, West of
Toomer Street.
City Manager Duggan stated that this is a request from West Glenn, LLC for conditional use approval for a multi-family development (West Glenn Avenue Condo Project) in the University Services (US) zoning district. He noted that the subject property is located at 320 West Glenn Avenue, west of Toomer Street. He noted that the Planning Commission unanimously recommended approval of the request at its November 9, 2006 meeting. Mr. Duggan noted that a public hearing has been advertised to be held at this meeting.
Mayor Pro Tem Phelan declared the public hearing opened.
City Council Minutes
November 21, 2006
Page 7
9. RESOLUTIONS (cont).
There being no comments from the audience, Mayor Pro Tem Phelan closed the public hearing.
Councilperson Dulaney moved that the Resolution be adopted.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-314
(2) Multi-Family Residential Use.
(a) Auburn Christian Fellowship. 315 South Gay Street.
University Services Zoning District.
City Manager Duggan stated that this is a request from Auburn Christian Fellowship for conditional use approval for multi-family residential use (Auburn Christian Fellowship project) in the University Services (US) zoning district. He noted that the subject property is located at 315 South Gay Street. He noted that the Planning Commission unanimously recommended approval of the request at its November 9, 2006 meeting. Mr. Duggan noted that a public hearing has been advertised to be held at this meeting.
Mayor Pro Tem Phelan declared the public hearing opened.
There being no comments from the audience, Mayor Pro Tem Phelan closed the public hearing.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-315
(b) Lindburgh Jackson and Kathy Matthews. University
View Condominiums. 327 North Donahue Drive.
Redevelopment District (RDD) Zoning District.
City Manager Duggan stated that this is a request from Lindburgh Jackson and Kathy Matthews for conditional use approval for multi-family residential use (University View Condominiums) in the Redevelopment District (RDD) zoning
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November 21, 2006
Page 8
9. RESOLUTIONS (cont).
district. He noted that the subject property is located at 327 North Donahue Drive. He noted that the Planning Commission unanimously recommended approval of the request at its November 9, 2006 meeting. Mr. Duggan noted that a public hearing has been advertised to be held at this meeting.
Mayor Pro Tem Phelan declared the public hearing opened.
There being no comments from the audience, Mayor Pro Tem Phelan closed the public hearing.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Norman seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-316
b. Industrial Development Board. Hoerbiger Automotive Comfort
Systems, Inc. 284 Enterprise Drive. Tax Abatement. Excludes
Education, Hospital, and Children’s Home Ad Valorem and
Sales and Use Taxes. $444,180. Concurrence.
City Manager Duggan stated that this Resolution provides tax abatements for non-educational ad valorem taxes and sales and use taxes. He noted that education, hospital and children’s home ad valorem taxes and sales and use taxes are not abated. Mr. Duggan said this abatement is in connection to the purchase of new equipment by Hoerbiger Automotive Comfort Systems, Inc. for expansion of its existing facility. He said the new equipment will remain in the Hoerbiger Automotive Comfort Systems facility in Auburn. The company anticipates the creation of 77 new jobs over the next 2 ˝ years with a capital investment of approximately $6,012,800. Mr. Duggan said the tax abatement is in the amount of $444,180. He recommended that the Resolution be adopted.
Councilperson Beard moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and the following members voted aye: Dowdell, Beard, Worden, Kelley, Dulaney, Norman, and Mayor Pro Tem Phelan. Voting nay: Eckman.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 06-317
City Council Minutes
November 21, 2006
Page 9
9. RESOLUTIONS (cont).
c. Economic Development Department – Community Development
Division. Community Development Block Grant Program (CDBG).
Amend FY05 Action Plan. Delete Intersection Improvement Project.
Add Map It Out While School Is Out Tutorial Program. Auburn Day
Care Center, Inc. $5,000. TABLED FROM NOVEMBER 7, 2006
MEETING.
City Manager Duggan stated that this Resolution amends the Community Development Block Grant (CDBG) FY05 Action Plan to delete the Intersection Improvement Project and add the Map It Out While School Is Out Tutorial program administered by Auburn Day Care Center. He noted that the amount of the amendment is $5,000. Mr. Duggan noted that the Resolution was tabled at the November 7, 2006 meeting because Council had questions to ask the Director of Auburn Day Care Center. Mr. Duggan said that the Director is present; however, if Council wishes to address this Resolution at this time a motion to remove the Resolution from the table is in order.
Councilperson Beard moved that the Resolution be removed from the table.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the motion carried.
Mrs. Ethel White, Executive Director, Auburn Day Care Centers, Inc., addressed the Council to answer questions posed by Council at its last meeting about the Map It Out While School Is Out Tutorial Program. She presented the answers in written and oral format. (A copy of the entire presentation is attached to the original minutes).
Councilperson Dowdell asked the number of children served and the location of the centers.
Mrs. White explained that 150 children are served in three (3) centers. She said Boykin Community Center is located on Boykin Street and houses the Infants/Toddlers Program (6 weeks to 24 months) and an Afternoon School-age Children’s Program (children 5 – 12 years). She said the Moton Center is located on Slaughter Avenue (in Moton Housing Project) and houses the Director’s office
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November 21, 2006
Page 10
9. RESOLUTIONS (cont).
and across the street from Moton children from ages 3-5 years old are served. The Ridgecrest Center is located on Booker Street (in Ridgecrest Housing Project) and houses children from ages 2-3 years old. Mrs. White explained that she received information on Friday that she will need to vacant the Moton Center as the apartment complex is being closed down. She said she is looking for new office space so that she can move from Moton.
Mayor Pro Tem Phelan thanked Mrs. White for attending and answering questions.
Mrs. White explained that she was unable to attend the City Council meeting on November 7 as she was attending the annual meeting of the National Association for the Education of Young Children in Atlanta. She said ADC received accreditation last year and she took advantage of the meeting being held in close proximity to Auburn and attended.
Councilperson Eckman asked Mrs. White when she will need to vacate the Motor Center.
Mrs. White said the Center has until December 31, 2006 to locate replacement space for the office.
Councilperson Dowdell asked if there is additional space in Boykin Community Center that can be used by ADC.
Mr. Duggan explained that there is no space available at this time.
Councilperson Worden asked about the amount of space needed.
Mrs. White said they presently have three small offices and a large storage room.
Councilperson Dowdell asked why is it necessary for ADC to move from the current facility when the Moton property is vacant.
Mrs. White said she was told by Mr. Eastman that the entire property will be fenced for safety purposes.
City Council Minutes
November 21, 2006
Page 11
9. RESOLUTIONS (cont).
Councilperson Dowdell asked if the Housing Authority can fence all the property except the area where ADC is located in order to allow ADC to remain in place at this time and have a longer period of time to locate another facility. He said December 31, 2006 is not enough time to relocate. He asked that the City Manager provide any assistance he can to help with this problem.
Mr. Duggan said he will contact Mr. Eastman to see what can be done; however, he said he was told that the insurance carrier requested that the property be fenced for safety reasons.
Councilperson Dowdell said he is opposed to fencing this property because it will be extremely unsightly. Further he asked that the records indicate his opposition to ADC having to move out of the Moton facility until they are provided adequate time to replace the space being lost.
Councilperson Dulaney moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-318
d. Traffic Calming Policy. Install Traffic Calming Device
Speed Hump). Windway Road.
City Manager Duggan stated that this Resolution authorizes the installation of a traffic calming device (speed hump) on Windway Road. He said this will be similar to the speed hump previously installed on Woodfield Drive. Mr. Duggan recommended that the Resolution be adopted.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-319
e. Professional Services Contracts. Authorize Mayor and/or
City Manager to Sign.
(1) Newell & Bush, Inc. Alabama Highway 14 (Martin Luther
King, Jr. Drive) Bike Lane Project. $197,551.95.
City Council Minutes
November 21, 2006
Page 12
9. RESOLUTIONS (cont).
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a contract with Newell & Bush, Inc. for the cost of labor, equipment and materials necessary to complete the Alabama Highway 14 (Martin Luther King Jr. Drive) Bike Lane project in the amount of $197,551.95. He noted that bids were invited and this company submitted the lowest bid for the project. He recommended that the Resolution be adopted.
Councilperson Norman asked for the location of the bike lanes.
Mr. Duggan stated that the off-road bike lanes extend from Chadwick Lane to Webster Road.
Councilperson Eckman moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-320
(2) CH2M Hill. Task Order 7: Storm Water Site Development
Review Tool and Training. Not to Exceed $16,000.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute Task Order 7: General Professional Engineering Services to Provide a Storm Water Site Development Review Tool and Training for the City of Auburn in an amount not to exceed $16,000. Mr. Duggan explained that the company will create a tool that can be placed on the City’s web site that the development community can download and enter data that can assist the developer in obtaining accurate Best Management Practices (BMP’s) data so that development sites can place the correct soil and erosion control measures on the site. He recommended that the Resolution be adopted.
Councilperson Eckman moved that the Resolution be adopted.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-321
f. Corporation Warranty Deed, Amended Warranty Deed, Drainage and Utility Easements, and Rights of Way. Acceptance.
City Council Minutes
November 21, 2006
Page 13
9. RESOLUTIONS (cont).
(1) LCR Corporation. Gift of Land. Property Located at
North College Street and Asheton Lane. Use as
City Park. Corporation Warranty Deed. 10.25 Acres.
City Manager Duggan stated that this Resolution accepts from LCR Corporation a donation of 10.25 acres of property located at North College Street and Asheton Lane for use as a city park. Mr. Duggan recommended that the Resolution be adopted.
Councilperson Beard moved that the Resolution be adopted.
Councilperson Kelley seconded the motion.
Mayor Pro Tem Phelan thanked the principals of LCR Corporation, Jack Burkhalter and Les Letlow, for the donation of land.
Upon the motion before the Council, all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-322
(2) Town Creek Park Multi-Use Trail. Add Notice of Limitation
of Use. Alabama Department of Economic and Community
Affairs Requirement. Amended Warranty Deed.
City Manager Duggan stated that this Resolution amends the Warranty Deed for the Town Creek Park Multi-Use Trail to add a “Notice of Limitation of Use” provision as required by the Alabama Department of Economic and Community Affairs (ADECA) grant. Mr. Duggan recommended that the Resolution be adopted.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-323
(3) Koul Properties, Inc. Central Park Subdivision, Second
Addition, First Revision of Lots 20-21. Property Located
on North Dean Road.
City Council Minutes
November 21, 2006
Page 14
9. RESOLUTIONS (cont).
City Manager Duggan stated that this Resolution requests dedication of various drainage and utility easements as shown on the plat, Central Park Subdivision, Second Addition, First Revision to Lots 20-21 located on North Dean Road. Mr. Duggan recommended that the Resolution be adopted.
Councilperson Norman moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-324
(4) Drainage and Utility Easements and Rights of Way.
(a) Old Towne Station, LLC. Old Towne Station.
Property Located off Opelika Road (former
Starr Trailer Park site), Adjacent to Blockbuster
Video and Compass Bank.
City Manager Duggan stated that this Resolution requests dedication of various drainage and utility easements and rights of way as shown on the plat, Old Towne Station, located off Opelika Road at the site of the former Starr Trailer Park, adjacent to Blockbuster Video and Compass Bank. He noted that the Planning Commission unanimously granted final plat approval at its November 9, 2006 meeting. Mr. Duggan recommended that the Resolution be adopted.
Councilperson Dulaney moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-325
(b) The Preserve, LLC. The Preserve, Phase 1C. Property
Located off Preserve Drive, South of Alabama Power
Company Easement.
City Manager Duggan stated that this Resolution requests dedication of various drainage and utility easements and rights of way as shown on the plat, The Preserve, Phase 1C located off Preserve Drive and south of the Alabama Power Company easement. He noted that the Planning Commission unanimously granted final plat approval at its November 9, 2006 meeting. Mr. Duggan recommended that the Resolution be adopted.
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November 21, 2006
Page 15
9. RESOLUTIONS (cont).
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-326
g. Parks & Recreation Advisory Board. One Position. Four Year
Term Expires November 30, 2010.
City Manager Duggan stated that the Committee of the Whole recommended the appointment of John T. Folmar to the Parks & Recreation Advisory Board for a term of office beginning December 1, 2006 and expiring November 30, 2010. He recommended that the Resolution be adopted.
Councilperson Norman moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-327
10. OTHER BUSINESS.
a. City Council Meetings. January 2007. Reschedule.
City Manager Duggan stated that the Committee of the Whole recommended that the City Council meetings for January 2007 be rescheduled to the 2nd and 4th Tuesdays – January 9 and January 23, 2007. He recommended that the Resolution be adopted.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the Resolution adopted.
RESOLUTION NO. 06-328
11. CITIZENS’ COMMUNICATIONS.
Mr. Chris Huneke, 418 Cary Drive, asked for a status report on the city-wide noise ordinance he requested at the October 17, 2006 meeting.
City Council Minutes
November 7, 2006
Page 16
11. CITIZENS’ COMMUNICATIONS (cont).
Mr. Duggan stated that he met today with Public Safety Director Bill James. Mr. James received the statistical information he requested from the City of Huntsville and from the City of Opelika regarding enforcement of the ordinance, number of citations written, number of challenges to the ordinance, etc. He said the information will be reviewed and will be forwarded to Council in the next packet for its consideration.
Mrs. Christine Berry-Bradshaw, 833 Lunsford Drive, appeared before the Council and urged the Council to support the additional funding request from Mrs. White for Auburn Day Care Centers. She listed numerous reasons why the Council should be concerned about the children who attend Auburn Day Care Center and suggested that consideration be given to help the children while they are young.
Councilperson Dowdell added his support to the Auburn Day Care Center and thanked Mrs. White for the excellent presentation she made to the Council and for the assistance she provides to the children of the community.
Mr. Thomas Smith, Farmville Road, said he wanted to address the Council concerning two subjects. He said his family owns a farm outside the City limits that is surrounded by two Auburn subdivisions – Shadow Woods Subdivision and The Preserve.
Mr. Smith said he wanted to address Shadow Woods Subdivision first and reported to the Council that he has previously addressed the Planning Commission, the previous City Council, and the City regarding this subject. He noted that the dam on the pond that was built by Shadow Woods has now failed on two separate occasions. He said the first time the dam failed the City requested that Shadow Woods do some additional work to the dam. The recent heavy rainfall caused the dam to fail for the second time. Mr. Smith said his major concern has always been how he should handle the issue when the dam built by the developer fails to hold back the water. He said he has found no one who will accept responsibility for the failure. The failed dam and stream erosion caused considerable damage to his fence, which he has replaced in order to keep his horses on his property.
Mr. Smith said the repair work on the dam accomplished by Shadow Woods did not correct the problem because water continues to go underneath the concrete spillway that was built to handle the erosion and not across the concrete spillway as he was told the water would travel.
City Council Minutes
November 7, 2006
Page 17
11. CITIZENS’ COMMUNICATIONS (cont).
Mr. Smith said his 5-acre lake was two-thirds filled with sediment from this development; however, he said now he has bank erosion and other sediment from the Shadow Woods development that continues to drain onto his property. Mr. Smith said that the City’s erosion control measures do not seem to be working because a retention pond was not installed and there is no way to retain the water. He noted that the roads that were compacted are also causing soil erosion that he and his family have not previously had to deal with on their property over the four generations his family has lived on this property.
Mr. Smith stated that when the dam constructed by the Shadow Woods development overflowed, the water ran into his dam. He said his dam is still standing because it was built correctly. Mr. Smith reiterated to the Council that the Shadow Woods project has caused problems from the beginning of the construction phase until now. Mr. Smith said he was told by City staff these problems would not occur on this property over two years ago. He asked the Council for directions on where he should take his concerns on this development.
Mr. Smith noted that the second issue he wanted to address is The Preserve Subdivision. He said this subdivision built a 25-acre lake and placed the erosion and soil control measures so far removed from the actual lake as to be insufficient. He said the sediment from the 25 acres that was cleared for the lake runs into the basin and as soon as any rainfall occurs it runs through the 10-inch pipe that was installed through the dam leaving sediment behind. He said the rain from the last past week was heavy; however, he said this is not the heaviest rainfall this county will be confronted with during the upcoming seasons. He said if what happened last week is any indication of what will come with a heavier rainfall, his land will be further damaged. Mr. Smith said the dam that was built was demolished almost down to the pipe during the recent heavy rainfall.
Mr. Smith brought the Council a sample of the thick mud and water that is now on his property. He said he now has 35 acres of property located across the stream coming from The Preserve that he cannot access. He said the sample he brought in consists of muddy water/debris that has been drying out for five days on the bank. He said 35 acres of his family’s property has now been covered with this
City Council Minutes
November 7, 2006
Page 18
11. CITIZENS’ COMMUNICATIONS (cont).
muddy substance. Mr. Smith said he attempted to learn the rules and regulations of the City so he could be abreast of what each developer would be expected to do. He said if the condition of his land is any indication these developers have not done what they were supposed to do.
Mr. Smith apologized for losing his temper in the Planning Commission meetings and with the City Council but asked that the Council tell him where he should go from here.
Councilperson Dowdell asked for a point of order. He noted that the time limit for Mr. Smith to speak had expired.
Mayor Pro Tem Phelan asked Mr. Smith to wrap up his comments and indicated that the Council is empathetic to his situation.
Mr. Smith requested that he be assured by the Council that the situations he has described not be allowed to continue.
Mayor Pro Tem asked the City Manager to respond to Mr. Smith’s questions.
Councilperson Dulaney asked Mr. Smith if he has been in contact with his attorney as the issue sounds like a civil matter.
Councilperson Eckman said the sad thing here is that Mr. Smith spent two years coming to meetings of the Planning Commission stating his concerns prior to any of this happening. She said he returned to inform the Commission that it did happen as he said it would. She said Mr. Smith has done his duty as a citizen to try to learn the system and how to go through the correct channels in order to protect his property because he saw this coming. She said now it seems it was all for naught.
Mr. Smith said he never thought he would be put into this situation with his family and he noted how stressful it is when you are unable to access that many acres of your land.
Councilperson Dowdell asked if this is the City’s responsibility.
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November 7, 2006
Page 19
11. CITIZENS’ COMMUNICATIONS (cont).
Mr. Duggan noted that some of the issues addressed by Mr. Smith are jurisdictional and may not be under the jurisdiction of the City but rather under the jurisdiction of ADEM. He said he did not know if Mr. Smith has contacted ADEM but suggested to Mr. Smith that all his questions be submitted to the City in writing so they can be addressed by the staff. He said he will also make this information available to the Council.
Councilperson Eckman asked if the City controls the way dams are constructed. She said she is aware that Mr. Smith informed the City that the dams being built by these developers were not being built properly and would not hold which is what has happened here.
Director of Public Works/City Engineer Jeff Ramsey stated that the engineer that designs the project is responsible for dam construction. He said the engineers place their professional stamp on construction plans and are responsible for overseeing the construction. He said the City of Auburn does not have any criteria for dam construction and relies upon the expertise of the professional engineer. He noted that when the project is complete, the City receives certification from the engineer for retention ponds, etc. He reiterated that the City does not oversee the construction of the dam – this is handled by the design engineer.
Councilperson Dowdell asked if this is a civil matter, as was suggested earlier by Councilperson Dulaney.
Mr. Ramsey said that he is not a lawyer but noted that if the dam was breached and has caused damage to Mr. Smith’s property it would seem to him to be a civil matter.
Councilperson Kelley asked what is the timeline to provide this information to Mr. Smith. He said he is aware that Mr. Smith attended several Planning Commission meetings and has made true statements here tonight and deserves answers as soon as they can be provided.
Mr. Duggan said the staff will move forward as quickly as possible once the questions are received from Mr. Smith.
Mr. Smith asked who he should contact in the future when problems occur. He said he has contacted Mr. Dunn in Water Resource Management in the past but would like to have an official contact person.
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November 7, 2006
Page 20
11. CITIZENS’ COMMUNICATIONS (cont).
Councilperson Dulaney said Mr. Smith can contact him whenever he has a concern and he will be sure that the concern is addressed as quickly as possible.
Mayor Pro Tem Phelan said the City Council empathizes with Mr. Smith and assured him that answers will be provided to him in a timely manner.
Mrs. Lisa Brouillette, 323 Brookside Drive, suggested that the staff review the minutes of the meetings of the Planning Commission when these developments were discussed. She is aware that he did appear and addressed the concerns mentioned tonight. She suggested that information be presented so that citizens know who to contact when they have similar problems.
Councilperson Dowdell suggested that Mr. Smith did the correct thing in coming to bring his concerns to the Council, as the Council is the governing body. He said even though Mr. Smith previously brought this to the Planning Commission and/or the City Council, he was not on the Council at that time; thus, this is the first time he had heard these comments.
Mrs. Brouillette said the City needs to determine if some of the approvals that are granted for certain projects are causing problems and if so what can be done to alleviate these situations.
Mr. Duggan said the specifics of the situations mentioned are important and need to be in written form so that the appropriate issues can be addressed.
Councilperson Eckman asked if Mr. Smith can come in to see Mr. Duggan in the interest of saving time.
Mr. Duggan said he received one phone call from Mr. Smith approximately six months ago and after talking with Water Resource Manager Scott Cummings, Matt Dunn was instructed to visit with Mr. Smith. Mr. Duggan reiterated that the specifics are important so that the City can address the responsibly for all problems that have occurred in a timely manner.
Mr. Smith noted that he has requested a dam breach study on two occasions from the Planning Department but has not been given the document to date.
Mr. Duggan said he will gladly meet with Mr. Smith so that the questions he needs to have answered can be reduced to writing by him or by Mr. Smith.
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November 7, 2006
Page 21
11. CITIZENS’ COMMUNICATIONS (cont).
Mayor Pro Tem Phelan asked for comments from Council members.
Councilperson Eckman asked for an update on the 18-wheel trailer parked in the front yard of property in Cary Woods subdivision.
Mr. Duggan said he visited the site today and so far a solution has not been found. He said the City will be contacting other cities to see if they have an ordinance addressing this situation.
Councilperson Dulaney asked if there are extenuating circumstances that has caused the trailer to be left in its current location.
Mr. Duggan said the City does not have an ordinance to compel a property owner to move a trailer from his property.
Councilperson Kelley said his understanding is that this is a domestic situation.
Mr. Duggan said none of the neighbors have contacted him so he is not aware of who has contacted the property owner and when the owner plans to move the trailer.
Councilperson Eckman said she receives daily calls from the neighbors in this area and said a letter to the editor regarding the issue appeared today in the local newspaper. She said it seems the neighbors do not want the trailer to continue to be located in this manner during the upcoming holiday season.
Mr. Duggan said current ordinances do not apply to this situation. He said the staff is currently addressing ordinances regarding noise and alcohol and will work to get information concerning this issue or to resolve this issue in a timely manner.
Councilperson Dulaney noted that a resolution of this matter without having to create an ordinance will be the best solution.
Councilperson Dowdell read a prepared statement of consideration addressed to the League of Women Voters. He said he was asked by his constituents to bring this information to the Council. The statement requested that the LWV consider bringing election information, questionnaires, and debates, etc. to churches in the
City Council Minutes
November 21, 2006
Page 22
11. CITIZENS’ COMMUNICATIONS (cont).
black community, especially within Ward 1. He noted that they have not done so in past years and requested that the organization give due consideration to the request prior to the next election.
Councilperson Dowdell asked if anyone on the Council would be willing to present this information to the League of Women Voters.
Councilperson Eckman agreed to submit the document to the League of Women Voters for its consideration.
Councilperson Dowdell said one of his constituents, Mr. Parker, contacted him earlier. He said he suggested to Mr. Parker that he attend the meeting tonight. Mr. Parker is present but did not know he should address the Council during Citizens Communications. He reported that Mr. Parker informed him that he is the victim of police harassment. He said Mr. Parker told him that he is a dialysis patient and as such has a tube in his neck to accept dialysis treatment. He said police officers came to Mr. Parker’s home in reference to a robbery that occurred at a local laundry mat and accused him of committing the robbery; in the course of questioning him and arresting him, the tube was violently removed from his neck and because of the immense blood loss that ensued, he incurred a serious, almost critical injury and was hospitalized for a number of days. He noted that because Mr. Parker was unsure of the actual date of the arrest the information was not easily researched through the Sheriff’s Department; however, the arrest information was located and they were assured that an investigation into the incident would take place. He said this incident happened approximately three months ago; however, no information regarding the results of the investigation has been provided.
Councilperson Dowdell said he was concerned that this happened and requested that a response be provided to Mr. Parker in a timely manner.
Mr. Duggan asked if Mr. Parker has filed a report on this incident.
Councilperson Dowdell said a report was filed with Cpt. Torbert.
Mr. Duggan asked for the full name of Mr. Parker and the date the incident occurred. He was provided the name, Jessie Lee Parker, Jr.
Mr. Parker said he did not know the date the incident occurred.
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November 21, 2006
Page 23
11. CITIZENS’ COMMUNICATIONS (cont).
Councilperson Eckman asked for an update on the Train Depot, as she has been asked by several constituents for information on this issue.
Mr. Duggan said a report could be provided at the December 5, 2006 meeting; however, he said he did not have the report regarding the Phase 2 environmental study in hand as of this time. He said he will provide information he obtains in the next issue of Weekly News.
Councilperson Kelley announced the recent death of a local civil engineer, Mr. Gordon Painter. He said the City of Auburn has lost a good man who was a good friend to the City. He said he always provided good projects and it was always a pleasure to work with him. He said a scholarship fund has been established for the benefit of the 8-year old son he leaves behind. He said Mr. Painter will be sorely missed.
Mr. Duggan stated that Mr. Painter offered the services of his engineering firm, pro bono, to assist in the design of the Moton Development project. He said the staff of the City of Auburn is very sorry for the family’s loss.
12. ADJOURNMENT.
Councilperson Beard moved that the meeting be adjourned.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Pro Tem Phelan declared the meeting adjourned at 9:10 PM.