The City Council of the City of Auburn, Alabama met in regular session on Tuesday, June 17, 2008 at 7:40 PM in the Council Chamber of the Auburn Public Safety Building at 141 North Ross Street.
1. CALL TO ORDER. Mayor Bill Ham, Jr.
Mayor Ham called the meeting to order.
2. ROLL CALL.
Present: Councilpersons Brent Beard, Arthur L. Dowdell, Sr., Gene Dulaney, Robin Kelley, Bob Norman, Dick Phelan, Tom Worden, and Mayor Bill Ham, Jr. Also present was City Manager Charles M. Duggan, Jr.
Absent: Councilperson Sheila Eckman.
3. PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE.
All present recited the Pledge of Allegiance to the U. S. Flag.
Mayor Ham asked all present to join the Council in observance of a moment of silence.
4. MINUTES. June 3, 2008.
Councilperson Dowdell moved that the minutes be approved.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the minutes approved.
5. MAYOR’S COMMUNICATIONS. Mayor Ham.
a. Committee of the Whole.
Mayor Ham stated that at the Committee of the Whole meeting previously held, the City Council approved the minutes from the prior Committee of the Whole meeting. He noted that discussion was held regarding appointment of the municipal court judge. He said a resolution will be introduced under Other Business for Council consideration.
Mayor Ham stated that the City Council received a report and PowerPoint presentation from Assistant City Manager/CIO Jim Buston regarding cable television options in the City. He noted that a copy of the entire presentation can be found on the City’s website at www.auburnalabama.org.
City Council Minutes
June 17, 2008
Page 2
5. MAYOR’S COMMUNICATIONS (cont).
Mayor Ham noted that a nomination was made to the Water Works Board and the appointment will be made at the proper time on the agenda.
Mayor Ham stated that the City Manager reported that Item No. 10d(4)(e) was removed from the agenda.
e. Announcements.
None.
6. AUBURN UNIVERSITY COMMUNICATIONS.
SGA Liaison Mike Geeslin thanked the City Manager for his patience as the SGA 2008-2009 Calendar is finalized. He reported the successful results of a recent SGA Blood Drive. Mr. Geeslin said that SGA-sponsored pep rallies will be scheduled at the new Student Union Center. He said the 5th Camp War Eagle pep rally is scheduled for tonight.
7. CITIZENS’ COMMUNICATIONS.
Mrs. Valarie Browning, 2638 Indian Hills Road, thanked the residents of Indian Hill subdivision in the audience for coming to the meeting tonight. She said her understanding is that the public hearing will not be held tonight. She wanted to know why the public hearing will not be held.
Mrs. Browning also requested that the Indian Hills item be placed earlier on the agenda if possible so neighborhood residents do not have to wait until the end of the meeting to have action taken on the item.
Mayor Ham said he was unaware that the public hearing would not be held. He asked the City Manager to explain.
Mr. Duggan stated that the City Council requested a traffic report from the developer that was anticipated to be completed prior to this meeting. He said the developer submitted the traffic study late today and staff has not had an opportunity to review it at this time.
Mrs. Browning said her major concern is why the developer waited until today to present the traffic study.
City Council Minutes
June 17, 2008
Page 3
7. CITIZENS’ COMMUNICATIONS (cont).
Mr. Duggan responded that it was not the fault of the developer because the traffic study was delivered to him on Monday. Also, he said the staff will need time to review the study and will be prepared to present its findings at the July 1, 2008 meeting.
Mayor Ham informed Mrs. Browning that the Council anticipated that the developer would have the traffic study ready by this meeting. He asked Mr. Skipper to respond to the question of why the report was submitted to the developer on Monday.
Mr. Skipper relayed to the Council the timeline of the request from the developer. He noted that after receiving the initial request, his staff met with the City to determine the parameters that would need to be addressed in the study. His company began the study on May 1, 2008 with a typical study taking approximately 6 weeks or more. He said this is the earliest date that the study could be accomplished and the report written.
Councilperson Dulaney asked if the City or developers typically requests traffic studies in other cities.
Mr. Skipper said the standard practice in Alabama is that the traffic study is governed by the provisions of the subdivision regulations and in almost all cases the burden for traffic studies is placed on the petitioner or applicant.
Councilperson Kelley said he contacted the City Manager today and received the information that the developer transmitted the study to the City today. He said he then made the reasonable assumption that without the study the vote would not be taken at this meeting.
Councilperson Dulaney asked about the order of the agenda.
Mr. Duggan explained that the agenda order is set at the organizational meeting of the City Council but an agenda item can be moved by the Council.
Mayor Ham said he did not want a precedent set for moving agenda items.
City Council Minutes
June 17, 2008
Page 4
7. CITIZENS’ COMMUNICATIONS (cont).
Mr. John Smith, 264 Creek Nations, asked if the residents would be notified of the meeting at which the public hearing is rescheduled.
Mr. Duggan said the residents can be notified.
Mr. Tom Hobbs, 2572 Arapahoe Circle, asked what is scheduled to be built on the extension of Indian Hills Road if it is extended, who is developing the property, what Auburn will gain from the extension, why Auburn is extending the road, and does anyone on the Council have a financial interest in the project.
Mayor Ham said the name of the development is Tigertown Corporate Park and the developer is listed as Mr. David Scott. He said he is not aware of any member of Council having a financial gain in the development, and a vote has not been taken on the extension.
Mr. Hobbs said he saw Mayor Ham’s name on a sign near the development.
Councilperson Kelley said the name Mr. Hobbs saw was Robert Ham.
Mayor Ham said he is not Robert Ham nor is Robert Ham a relative.
Mrs. Paula Bounds, 2589 Arapahoe Circle, asked the options Mr. Scott had to use for his development other than Indian Hills Road.
Mayor Ham said Watson Street might be the street she had in mind.
Mrs. Bounds said she would rather Mr. Scott use other options rather than coming through any neighborhood in Auburn since this project is in Opelika.
Mr. Tim Browning, 2638 Indian Hills Road, asked what information the City Council is anticipating from the traffic study. He said the major concern of the residents is that if the information received is favorable that might be a reason for the Council to approve the extension.
Mayor Ham said the information in the report will be used for the City Council to make a final decision on the extension of Indian Hills Road.
Councilperson Dowdell said the traffic study will have no bearing on how he votes on the project. He said he has given his support of not extending the road and that has not changed.
City Council Minutes
June 17, 2008
Page 5
7. CITIZENS’ COMMUNICATIONS (cont).
Councilperson Dulaney said he wants to see the traffic study so he will be able to see the impact this development will have on the Indian Hills neighborhood; however, he said this will not be the only criteria he uses to make a final decision.
Mrs. Bounds asked what the traffic study will tell the City.
Mr. Duggan explained that the traffic study will be used in the same manner that it is used were the development proposed as a project in the City of Auburn.
Mayor Ham said he understands the concerns of the neighborhood and asked the City Manager if the report will be available at the next meeting.
Mr. Duggan answered affirmatively.
Mayor Ham suggested that Mrs. Bounds and others in the neighborhood should address their questions to Mr. Skipper directly.
Mrs. Browning asked that the Council take into consideration that they are able to help in the apprehension of criminals because the road is not extended. She said when a criminal act is committed the guilty parties have no way out and must return the way they went in thus offering the residents an opportunity to provide information necessary to assist the police in the apprehension of criminals.
Councilperson Dowdell asked the residents to trust the City Council and to believe that the City Council will make the right decision for the citizens of Auburn.
Councilperson Norman said the City Council has an obligation to make the best decision for the citizens of Auburn.
Dr. Dave Harding, 2594 Arapahoe Circle, asked that the City Council assist him with trucks loading and unloading at Sam’s Club after 1:00 AM.
City Council Minutes
June 17, 2008
Page 6
7. CITIZENS’ COMMUNICATIONS (cont).
Mr. Duggan said he will look into this.
Mr. Smith said a traffic signal is needed at the intersection of Indian Hills Road and Glenn Avenue.
Mayor Ham said the City will review the traffic study to see what will be needed at this location.
8. CITY MANAGER’S COMMUNICATIONS. City Manager Duggan.
a. Announcement of Board Vacancy. Planning Commission.
One Position. Six Year Term Expires July 30, 2014.
City Manager Duggan announced that one vacancy will exist on the Planning Commission on July 30, 2008. He noted that the six year term expires July 30, 2014 and said the appointment will be made at the July 15, 2008 meeting.
9. ORDINANCES.
a. Steve and Karen Hickok. Property Located at 2525 East Glenn
Avenue. Rezone from Development District Housing (DDH) to
Comprehensive Development District (CDD). Planning
Commission Recommendation. Public Hearing Required. 1.8 Acres.
City Manager Duggan stated that Steve and Karen Hickok are requesting to rezone approximately 1.8 acres from Development District Housing (DDH) to Comprehensive Development District (CDD). He said the property is located at 2525 East Glenn Avenue and is currently occupied by a single-family residence. The Planning Commission unanimously recommended approval of the request at its May 8, 2008 meeting. A public hearing has been advertised and unanimous consent is necessary to consider the Ordinance at this meeting.
Mayor Ham opened the public hearing.
There being no comments from the audience, Mayor Ham closed the public hearing.
Councilperson Dowdell introduced the Ordinance.
City Manager Duggan read the Ordinance by Title.
City Council Minutes
June 17, 2008
Page 7
9. ORDINANCES (cont).
Councilperson Dowdell moved that unanimous consent be granted to consider the Ordinance.
Councilperson Worden seconded the motion.
Mayor Ham asked if there was 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: Beard, Dowdell, Dulaney, Norman, Kelley, Phelan, Worden, and Mayor Ham. Voting nay: None.
Mayor Ham declared the Ordinance adopted.
ORDINANCE NO. 2557
10. RESOLUTIONS.
a. Economic Development Department. Tax Abatements. Excludes
Education, Hospital, and Children’s Home Ad Valorem and
Sales and Use Taxes.
(1) Selzer Automotive, LP. Lot 17, Auburn Technology
Park West.
City Manager Duggan stated that this Resolution approves a tax abatement application for Selzer Automotive, LP for Getrag Transmission Manufacturing, LLC to be located at Lot 17, Auburn Technology Park West. He noted that the tax abatement will provide abatements for non-educational ad valorem and sales and use taxes in connection with a new industrial building and new equipment that will be used by Selzer Automotive, LP at this future location in Technology Park West. He noted that the company anticipates hiring 80 additional employees over the next three years with a combined capital investment of approximately $18.98 million. Mr. Duggan stated that the tax abatement excludes education, hospital, and children’s home ad valorem and sales and use taxes.
Councilperson Beard moved that the Resolution be adopted.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-150
City Council Minutes
June 17, 2008
Page 8
10. RESOLUTIONS (cont).
(2) Cumberland Plastic Systems, LLC. 229 Teague Court.
Modification of Previously Approved Tax Abatement.
City Manager Duggan stated that this Resolution approves a modified tax abatement application for Cumberland Plastic Systems, LLC. He said the original abatement was approved by the Council in February 2006 and was issued in connection with new equipment to be used by Cumberland Plastic Systems, LLC and listed an estimated completion/placed in service date of June 1, 2008. He noted that because of the delay in the project, the tax exemption period for purchases is being requested to be extended to June 1, 2009.
Councilperson Phelan moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-151
b. Conditional Use Approval. Planning Commission Recommendation.
Reunion, LLC/Greg Darden. Property Located at 712 West Magnolia
Avenue. Road Service Use (Parking Garage) in University Services
(US) Zoning District. Amend Previous Conditional Use Approval.
Public Hearing Required.
City Manager Duggan stated that Greg Darden is requesting an amendment to the conditional use approval for a road service use (parking garage), Northpark, located at 712 West Magnolia Avenue in the University Services (US) zoning district. Mr. Duggan said on April 1, 2008, the City council approved Resolution No. 08-73 (garage with 628 parking stalls on four levels). The applicant is now requesting 830 parking stalls on six levels. The increase in size and intensity necessitates an amendment to the conditional use approval. Mr. Duggan noted that Section 803 of the Zoning Ordinance establishes procedures for the review of conditional uses including a public hearing conducted by the City Council. The Planning Commission unanimously recommended approval of the request, subject to conditions, at its June 5, 2008 meeting. A public hearing is required.
Mayor Ham opened the public hearing.
There being no comments from citizens, Mayor Ham declared the public hearing closed.
City Council Minutes
June 17, 2008
Page 9
10. RESOLUTIONS (cont).
Councilperson Dulaney moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-152
c. Development Agreement, Contracts, and Agreements. Authorize
Mayor and City Manager to Sign.
(1) Reunion, LLC/Greg Darden. North Park Parking Garage.
712 West Magnolia Avenue. Development Agreement.
City Manager Duggan stated that this resolution is an agreement with Reunion, LLC for North Park. He said the Development Agreement submitted for Council’s consideration is an end product of a development review process authorized by the City Council in April 2005. The Development Committee, comprised of various City Department Heads and chaired by the Planning Director, is tasked with evaluating the impact and expenses associated with certain developments and formulating an agreement that articulates what those various impacts and expenses are and how they will be addressed for purposes of ensuring that the infrastructure needs associated with the project and the surrounding area, if appropriate, are secured.
Mr. Duggan stated that an Executive Summary highlighting the Agreement’s content is enclosed for Council’s review and is attached to the original minutes. Mr. Duggan explained that the proposed development on the subject property is a six-level, 830 space parking facility comprising approximately two acres at 712 West Magnolia Avenue, the former location of the Theta Chi Fraternity house.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Dulaney seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-153
(2) Agreements.
(a) Public Safety Department – Police Division. Fourth
Addendum to Merger Agreement Between City and
Auburn University. Adjust Financial Commitment.
FY08.
City Council Minutes
June 17, 2008
Page 10
10. RESOLUTIONS (cont).
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute the Fourth Amendment to the August 4, 2004 Merger Agreement between Auburn University and the City of Auburn Public Safety Departments adjusts the cost of policing services for the 2008 fiscal year.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-154
(b) East Alabama Health Care Authority dba/Health
Plus Fitness Center. Wellness Program Extension.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a contract with East Alabama Health Care Authority in the amount of $2200/month for two years to administer a wellness program for City of Auburn employees. He noted that the program will serve regular employees and their spouses and dependents (18 years or older) covered by the City’s health insurance.
Councilperson Dulaney moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-155
(3) Contracts.
(a) Public Safety Department.
(1) 911 Equipment Maintenance. Service Contract.
Motorola, Inc. $1,468.03/month for Ten Months.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a service agreement contract with Motorola, Inc. to provide technical assistance, overnight parts delivery, 24/7 remote equipment diagnostics, and software/firmware support with upgrades for the emergency telephone equipment in the Communications Center at a cost of $1,468.03/per month for ten months for a total cost of $14,680.30.
City Council Minutes
June 17, 2008
Page 11
10. RESOLUTIONS (cont).
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-156
(2) In-Car Video Cameras (17). Digital Ally, Inc.
$79,000. Sole Source Provider.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a contract with the sole source provider, Digital Ally, Inc., for the purchase of seventeen (17) DVM 500 Digital Video Mirror Kit Cameras and related equipment for use in police patrol units at a total cost of $79,900.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-157
(3) Personal Mobility Vehicle-T-3 Series. T3 Motion, Inc.
$11,598. Sole Source Provider.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a contract with the sole source provider, T3 Motion, Inc., for the purchase of one (1) T3 series personal electric mobility vehicle with LED lighting package for use by the Police Division at a total cost of $11,598.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Dulaney seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-158
(b) Water Resource Management Department.
(1) Kubota L4330 Tractor. Capital Tractor, Inc.
$11,732.56. State Contract Number 4008642.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a contract to purchase a Kubota L4330 Tractor from Capital
City Council Minutes
June 17, 2008
Page 12
10. RESOLUTIONS (cont).
Tractor, Inc. at a cost of $11,732.56. He noted that the price and vendor are established by State Contract Number 4008642. The tractor will serve as maintenance equipment for the Northside and H. C. Morgan Pollution Control facilities and replaces a 1988 tractor.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-159
(2) Amendment to Task Order 12. Professional
Engineering Services. CH2M Hill. Increase
From $35,000 to $60,000.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute Amendment 1 to Task Order 12 with CH2M Hill increasing the contract amount from $35,000 to $60,000. He noted that the amendment is needed due to the unanticipated time and cost necessary to provide assistance for the Saugahatchee TMDL evaluation and subsequent discussions with ADEM and EPA. He noted that the Task Order is utilized on an as-needed basis for general professional engineering services.
Councilperson Phelan moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-160
(c) Public Works Department.
(1) Professional Engineering Services. East Samford
Avenue Extension Project. Civil Design and
Consulting, Inc. Additional Cost. $14,670.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute an amendment to the contract of Civil Design and Consulting in the amount of $14,670. He noted that the contract was originally approved on December 18, 2007 to provide professional engineering services for the East Samford Avenue Extension. He noted that the additional services include adding a bicycle lane to the project.
City Council Minutes
June 17, 2008
Page 13
10. RESOLUTIONS (cont).
Councilperson Kelley moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-161
(2) Professional Engineering Services. Downtown
Parking Deck Project. Barge, Waggoner, Sumner,
& Cannon, Inc. $105,000.
City Manager Duggan stated that this Resolution authorizes the Mayor and City Manager to execute a contract with Barge, Waggoner, Sumner, & Cannon, Inc. to provide engineering services for the Downtown Parking Deck Project in the amount of $105,000. He noted that the contract includes information gathering, programming, and pre-schematic design.
Councilperson Kelley moved that the Resolution be adopted.
Councilperson Phelan seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-162
d. Drainage and Utility Easements, Rights-of-Way, Temporary
Construction Easements, and Quit Claim Deeds. Acceptance,
Vacation, and Settlement for Value Lost.
(1) Indian Hills Road. Indian Hill Subdivision. Vacate Portion of
Right of Way. Quit Claim Deeds. Public Hearing Continued
From April 15, 2008 Meeting.
City Manager Duggan stated that this Resolution vacates a ten (10) foot by sixty (60) foot portion of the Indian Hill Road right of way located at the end of Indian Hill Road adjacent to the proposed Tiger Town Corporate Park development in the City of Opelika. Mr. Duggan noted that the public hearing was continued from the April 15, 2008 meeting.
Mayor Ham opened the public hearing.
There were no comments from the audience.
Councilperson Phelan moved that the public hearing be continued to July 1, 2008.
Councilperson Worden seconded the motion.
City Council Minutes
June 17, 2008
Page 14
10. RESOLUTIONS (cont).
Councilman Dulaney asked if the traffic study will be made available for the public.
After a discussion of the cost to copy the 150-page traffic study, City Manager Duggan suggested that the report be placed on the City’s web site.
Upon the motion before the Council, all members voted aye.
Mayor Ham declared the motion carried.
(2) ERM Investments, LLC. Donahue Coin-Op, Plat No. 1.
Property Located at 410 North Donahue Drive. Drainage
And Utility Easements and Rights of Way.
City Manager Duggan stated that this Resolution accepts the dedication of various drainage and utility easements and rights-of-way as shown on the plat of Donahue Coin-Op, Plat No. 1, located at 410 North Donahue Drive. Mr. Duggan noted that the right-of-way on Porter Street was widened upon application for development of this lot, which necessitated acceptance of that right-of-way, the western right-of-way is being provided for future widening of North Donahue Drive, and the southern easement is being provided for stormwater drainage.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-163
(3) Lewis A. Pick, III. Pick Estates Subdivision. Property Located
North of Pickwood Subdivision and West of Shelton Mill Road.
Drainage and Utility Easements and Rights of Way.
City Manager Duggan stated that this Resolution accepts the dedication of various drainage and utility easements and rights-of-way as shown on the plat of Pick Estates Subdivision South, Second Redivision of Lot 6-B, located north of Pickwood Subdivision and west of Shelton Mill Road. He noted that the easements will be used to serve the Copper Beech Townhome development located at 575 Shelton Mill Road with sanitary sewer service.
Councilperson Beard moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-164
City Council Minutes
June 17, 2008
Page 15
10. RESOLUTIONS (cont).
(4) Temporary Construction Easements. Cox Road
Improvements Project.
(a) Staley and Leona Fincher. 1977 Cox Road.
City Manager Duggan stated that this Resolution accepts the dedication of a temporary construction easement located on property at 1977 Cox Road from Staley and Leona Fincher, for the Cox Road Improvements Project.
Councilperson Phelan moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-165
(b) Thomas and Lorra Casson. P. O. Box 525.
City Manager Duggan stated that this Resolution accepts the dedication of a temporary construction easement located on property at Lot 1, Dawson Subdivision (P. O. Box 525) from Thomas and Lorra Casson for the Cox Road Improvements Project.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Kelley seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-166
(c) Dawson Family Limited Partnership. 1880 Cox Road.
City Manager Duggan stated that this Resolution accepts the dedication of a temporary construction easement located on property at 1880 Cox Road from Dawson Family Limited Partnership for the Cox Road Improvements Project.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Dowdell seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-167
City Council Minutes
June 17, 2008
Page 16
10. RESOLUTIONS (cont).
(d) John and April MacDonald. 1900 Sunset Drive.
City Manager Duggan stated that this Resolution accepts the dedication of a temporary construction easement located on property at 1900 Sunset Drive from John and April MacDonald for the Cox Road Improvements Project.
Councilperson Worden moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-168
(e) Robert Miller. 2480 Lee Road 61.
This item was removed from the agenda.
(f) Bethany Pylant. 2010 Cox Road.
City Manager Duggan stated that this Resolution accepts the dedication of a temporary construction easement located on property at 2010 Cox Road from Bethany Pylant for the Cox Road Improvements Project.
Councilperson Kelley moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-169
(5) City of Auburn. Grant Temporary Construction
Easement to Cleveland Brothers Construction
Company. Construct Drainage and Utility Easement.
Forrest Pointe Development Project.
City Manager Duggan stated that this Resolution grants a temporary construction easements to Cleveland Brothers Construction Company to perform drainage and utility construction for the Forrest Pointe Development Project.
Councilperson Dowdell moved that the Resolution be adopted.
Councilperson Beard seconded the motion and the following members voted aye: Dowdell, Worden, Beard, Kelley, Phelan, Dulaney and Norman. Voting nay: None. Abstaining: Mayor Ham.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-170
City Council Minutes
June 17, 2008
Page 17
10. RESOLUTIONS (cont).
(5) J. Mathan Holt and Jill Holt. Grant Permanent Drainage and
Utility Easement. 1.65 Acres. Property Located in West
Auburn, North of Highway 14. Northside Transfer Force
Main project. $80,850. Settlement for Value Lost.
City Manager Duggan stated that this Resolution grants to the City of Auburn a permanent drainage and utility easement encompassing 1.65 acres, varying from 20 to 30 feet wide including a temporary 50-foot wide easement on property located in west Auburn, north of Highway 14 and owned by J. Mathan and Jill Holt. He noted that the force main will divert flow from the Northside Water Pollution Control Facility to the H. C. Morgan Water Pollution Control Facility. The property owner has agreed to a settlement of $80,850 for value lost.
Councilperson Beard moved that the Resolution be adopted.
Councilperson Worden seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-171
e. Water Works Board. One Position. Six Year Term Ends
June 21, 2014.
City Manager Duggan stated the recommendation of the Committee of the Whole is the reappointment of Dr. Tony Overfelt to the Water Works Board of the City of Auburn for a six year term of office to expire on June 21, 2014.
Councilperson Phelan moved that the Resolution be adopted.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-172
11. OTHER BUSINESS.
a. Municipal Judge. Appointment. Joe S. Bailey.
City Manager Duggan stated this Resolution appoints Joe S. Bailey as the municipal judge for a term of office beginning October 1, 2008 and ending September 30, 2010.
Councilperson Phelan moved that the Resolution be adopted.
Councilperson Dowdell seconded the motion.
City Council Minutes
June 17, 2008
Page 18
10. RESOLUTIONS (cont).
Councilperson Beard asked City Manager Duggan if the Council is required to make this appointment.
City Manager Duggan stated that his discussion with the City Attorney indicates that the Council is not compelled to make this appointment but may do so if the Council desires. He said if the Resolution is adopted, Judge Bailey can serve the two year term noted and cannot be replaced except as set out in the State law for removal. If the Resolution is not adopted, the judge could be removed at any time by the Council.
Upon the motion before the Council, the following Council members voted aye: Dowdell, Worden, Phelan, Dulaney, Norman and Mayor Ham. Voting nay: Kelley and Beard.
Mayor Ham declared the Resolution adopted.
RESOLUTION NO. 08-173
12. ADJOURNMENT.
Councilperson Dowdell moved that the meeting be adjourned.
Councilperson Beard seconded the motion and all members voted aye.
Mayor Ham declared the meeting adjourned at 8:35 PM.
_____________________________
Mayor
ATTEST:
_________________________
City Manager