Auburn City Council Meeting Aug. 20, 2019

Auburn City Council Meeting Aug. 20, 2019


.>>If we move it now we could adjust FY 20. We just have to look at what the total expenses would be but let’s say we use the moving expenses plus utility moving, whatever that is. And that’s 200-500,000 we may take a smaller project or part of a larger project and move that out so we spend that 200 whatever thousand in the fiscal year 2021-2022. And the same to the renovation of the house if we do it in 2020 or 2021, then move some of that expense out. We have to at least be able to put the house back together so that it’s weather tight. We may not have the funds in one fiscal year to completely renovate it and wait for the next fiscal year. So however the council decides to do that we would just move funds from a particular project, move that project out a little bit or a particular part of the project, move it further down the line.>>And there’s a possibility too to hopefully, if it were to get that down the road and the council were in agreement to spend the dollars that we would have some support and some expertise from the auburn heritage association which did move the house in 1996 and would be able to help us with maybe filling out some grant applications and providing some additional resources in other capacities. So that might help offset the cost. But, again, this is the first step in the conversation and this time is set aside for us to hear from everybody as to what the thought process is.>>What about the university? What has Auburn said about it.>>We got an e-mail from facilities at the university tells us that they were not interested in either moving the house or in accepting the house. Something to the effect that these — their experience with these older homes is that they’re very expensive to move. They’re very expensive to renovate and they’re very expensive to maintain. And it was something to that affect but that was the official — we asked for official word from the university and that was the official word they sent us.>>Okay. Anyone else on the council?>>I wanted to ask some questions. So and I just want to be clear on it because I’m not really familiar with the house or anything like that. So are there three options to this? Is it moving a house, giving the house to someone else or demolishing the house? Are those the three options? Or demolishing is not an option?>>Our option is move it or don’t. That’s all the option of the city council has. We — the owner of the property has said that they do not want the house. They’re willing to give it to whomever wants to move it. That’s my understanding. But if it is not moved, they will demolish the house.>>Oh, okay. Okay. Because that’s not in there somewhere. And the other thing is, so if we decide to move the house at the citizens’ expense and I noticed there were two options as far as parks go. What would the house be used for?>>Same thing, like what the house is used for that Winston house is used for. It’s rented out to wedding parties, to family reunion parties. Things people in the community have that they need a facility for. And so it’s — we have the art show there once a year. The local art show. Just different events that rented out to different groups throughout the year.>>Okay.>>And I would envision the same idea for the house.>>So those parks was the only options. I mean you wouldn’t want to move the house somewhere and maybe set it up for office space and medium room space, any of that type of stuff? That was not an option?>>We have no place to do that with that type of facility. There would be no, I mean, that’s — I mean it could I guess if we had a place for it but we wouldn’t want to put an office facility or a meeting — a work type facility in a park. I mean, we want the park to be more of a, you know, where people come to gather for. They’re not just going to the house, they’re going to enjoy the park as well.>>I really wasn’t talking about if you put it in the park. You know I wouldn’t want meeting space in the park but I was just say going you sit the house at another location could it be used for that purpose?>>I guess we could renovate it to yeah, for whatever purpose that we wanted to eventually rent it. Right now it’s an office use and part of what some of the people who have looked at it they wanted to put it back to use as a home. But we use the Winston house as a meeting space but it’s used for public gatherings to rent for their particular family gatherings or things like that.>>But the estimate for expense — whether we put it at a park or put it — I mean, it’s going to be pretty much a similar type expense.>>It’ll be a similar expense, oh yeah.>>If we were to do that, move it to either park, could we recuperate some of the dollars?>>I didn’t hear the question.>>I said could we recuperate some of the dollars if we were to put it in a park?>>At the numbers we talk about and what we charge, I mean, it’s — really no. If you take, let’s say a million dollars and you look at the cost of, I mean just that million dollars other time we’re — over time we’re not going to gain to be able to pay that back. But there’s more than that. There’s saving the house. Now what is different here is we did that with something like the depot, the city invested heavily in the depot but there’s a revenue stream coming back from that because where it was. It didn’t have to be moved, just renovated. Turned into a restaurant and we will eventually get paid back from that. I don’t see being able to move this anywhere and we don’t want to get in the restaurant business or you know any type of business like that and the same with the whittle dorm. We invested in that to help save that facility. But then that’s being paid back to us over time substantially more than just what rental on a — for family gatherings would pay back.>>Have there been any outreach tools to city schools as a possible partner in an endeavor that we could envisage the house as being some sort of educational center. I know the family has agriculture roots in Auburn and I keep thinking about the fields behind Smith as a, you know, a possible learning avenue for high school students or students in general of the city. I was wondering if it may be a possibility to make contact with the schools board.>>We could. I don’t believe we did.>>No, we did not.>>I don’t believe we did.>>The property behind Collins is owned by the university I believe.>>That’s the university. Not the city schools. And we did reach out to the university and they gave us their word.>>Yeah, I’m just looking at this idea of, you know, this city collaborating from a number of different positions, that’s all. Just — I believe in the power of collaboration if it’s at all possible to make something for this community.>>I think from a use perspective I’m not sure that — and we would have to reach out. But I’m not sure from a financial perspective if the school system would be in a position to help us there. From a use perspective, yes, they could.>>Anyone else?>>Has the current owner been approached about part of the city, just purchasing that corner parcel and then not moving it but us using it? I know the corner’s probably very, very valuable commercial property and that’s probably going to have a drive-through and who knows what. Any chance of us buying it in place?>>From what I understand that the owner paid for that piece of property. We’re probably talking about five times as much as what it costs to move it.>>Thank you.>>Anything else? I talked with a number of people about this and like Beth said earlier, I’m grateful for the passion in our community. It would be my interest to see this house maintained. I have called a couple people at the Alabama historical commission and they’re willing to be helpful. They could help push through reauthorizing this as a historic structure if it were to be moved. From a financial standpoint, they’ve — we’ve got some grants we can apply down there but it was mentioned to me that those would be 5,000-10,000 dollars so it’s not a lot of money. Also talked to another gentleman in Huntsville whose family has become very well-known for moving houses. It was recommended to me to call him and I did do that and the number that we were quoted for this report is the same number that he gave me, you know, 100-200,000 dollars to move the house. He was also concerned about the timeline and his work schedule as far as being able to do it but he was very interested and he was very nice and he wants to be helpful. And so he’s — let him know if we were interested. You know at the end of the day, council this is I think our decision. Obviously there’s still a window of time for anyone in the private sector to come forward and we strongly encourage those people who are interested, the window is still open and you can still participate in this if you’re interested in this and we would encourage you to call the owner of the house and begin your negotiations. But if that were to not happen the council’s got to decide is this the place where we would like to reallocate this kind of money? And that’s a big decision and none of us take that lightly. That’s a significant amount of money that’s not in our budget going forward that we would have to have a discussion to reallocate to do and we don’t have time on our side so we’ve got a September 30 deadline I believe.>>To let the owner know that we’re going to move it and then we have 60 days and we may potentially have a little bit of time. It was my understanding that the owner may want, if we are going to move it may want to charge us rent a sum of 4,000 dollars a month. Any for those.>>For those two months.>>But we could maybe prolong it. One of the issues, if the council did want to move forward with this, one of the issues of moving it is time season to move it. Because it’s going to be cut apart and if it’s very rainy, the rain gets on the house and could get into the house. And that becomes an added destruction property to the house. So there has to be some planning that takes place of moving it and then really trying to move it as quickly as possible to get it to where it needs to be so there’s a lot of planning that has to take place.>>A lot of planning.>>When you say go, then you go.>>Well the gentleman in Huntsville I talked to Jeff Kennedy he was concerned about the timeline. If he were to look at taking on the project he was very concerned that he could get it done in that timeline. So anyway, obviously there’s still time for the private sector to jump in here and we hope that happens. But what would be the council’s desire for some type of determination or further discussion?>>Let me just ask one more question. You said the cost, okay, I understand the cost of moving the house. But the cost for putting the house back together. What type of condition is the house in that it’s going to cost so much to — and I just heard you say they’re going to split the house in half. Is it that the house is in — what kind of condition is the house? The reason it’s going to take a million dollars to put it back together.>>They may have to cut the house more than just in half. They may have to cut the house — definitely have to cut the roof off and whether they can cut it off in one piece and then move that roof by itself, move the, you know, maybe cut it in thirds to move the house. They don’t move the foundation. So their just moving the house. So the first thing to do is pour a foundation. Wherever you’re going to move the house to, the footprint of the house has to have a foundation and that’s whether it’s a slab or whatever has to be poured. That has to be all and the utilities and everything else. And then you have to put the house back together. Piece it back together and then you decide on renovating the house to make it whatever it is that you’re going to do and that putting it back together. That’s the major expense. The moving part is probably a KWEERT quarter of the expense and we don’t know until we know the route to move how much it’s going to cost us to move the utilities or get the trees cut or whatever. On that route. Now it’s a good chance we might get some — we might get the Alabama power or — most likely Alabama power. Most likely not AT&T but get some help with them. Maybe not charging us much to relocate their facilities. But then you still have Charter, WOW, others who are on the line, other carriers who might be on the poles. I’m told it could be as much as 40,000 dollars to move the line on a pole.>>That was communicated to me. 40,000 dollars.>>Is the expense not to exceed –>>These are all estimated.>>These are all estimates.>>We could. It could be a lot less. Who knows but these are estimates. Council, how would you like to move forward? Any ideas? Thoughts?>>I think if it’s our intent to preserve the home and make it for public use then we need to go ahead and add it to an agenda probably the first one in September for time’s sake because if it then needs another meeting for discussion, if we need time for public hearings and possibly a public meeting so we can hear from the entire community, there may be people who aren’t as passionate about preserving a house as there are people who are passionate about preserving a house. These are taxpayer dollars and we have to make sure we’re using them in the best and — for the community. That being said it’s historical, it has deep roots. It could be used for educational purposes. And it would be something that, I mean, we’ve seen with the nun Winston house. It would be my recommendation to consider the allocation of the funds to move the home.>>Jim, how would we do that if the funds are unknown at this point in time? How do we reconcile a determination on that?>>We could estimate the one million dollars. And then look at the budget and come back with some recommendations of how to fund that for — I would like to come with a recommendation of two or three years fund that and then we’d have a resolution on the next meeting where the council makes a decision. We probably want to have a public — a time for public opinion or public comment on that — even though it’s not normal for us. It would be probably something you’d want to do. Have a public comment on that resolution and then the council decide either then or at a later meeting what you want to do.>>All right. So we’ve been offered this idea.>>I don’t have a problem going on but I think it’s very important to have a public meetings on it because I would like to hear what the taxpayer — this is talking about taxpayer money we’re talking about spending a million dollars to move a house. I feel like this is something more of the private sector to take care of but however if we get more people in favor of the city moving it I’d certainly be open to the idea but I want to hear from the public. You’re talking about the taxpayer’s money and I would like them to have a say so in it.>>Anyone else? Okay. So if everybody’s okay with setting this up for the next might. The first meeting in September to have this on the agenda we would have a public meeting before the vote, Jim, or the committee as a whole? How would we do this if it was a resolution.>>I would introduce resolution. You would open the public hearing. And then y’all close the public hearing and have your debate and decide what to do.>>Okay. So is — just raise your hand, if you’re okay on the council if we put this on the September agenda to allocate up to a million dollars over two or three year period of time and we would have a public hearing beforehand. Is everybody okay with that? Just raise your hand if you’re all right with that plan. Okay. It looks like the majority so Jim, if you would set that up for us to do and I would say, to the community, loud and clear, that there’s still time for the private sector to be involved. If anybody’s really interested in this we encourage you to participate and call the owner. I would also say it’s important to hear from all the taxpayer’s of Auburn. This is a significant amount of money and we should not without hearing from as many people as possible that have an opinion about this. Please share that with us, you can share that with us through e-mail, you can call us, text us, however you’d like to communicate with us in the meantime but we’ll set this up in September. Okay? All right. Any questions on the agenda for the city manager?>>Mayor — I do have one item that — item 8F-5 you will see on your agenda that was sent to you we talked about that at the meeting. That was supposed to be taken off the agenda. It was for everything we published online or at the library but it was not taken offer of your agenda. So 8F-5 needs to be removed from the agenda.>>Any other questions?>>Yes, I have a question. I think in the last — on the last city council, we approved an ordnance for William Street and other streets on the Ken area and at — I guess I had already made a statement about — I live on William Street so I don’t have a parking space. I park alongside the road. So I had recommended that when we did the no parking, that the no parking would be on the opposite side of the street. But and I guess none of us looked at the map because the recommendation was made for it to be on the side of the street that I live on so I would like to maybe have a discussion on that in our next committee as a whole to change that ordnance to put the no parking on the opposite side of the street. I guess that’s how they present it.>>I think you’ve given us another enough of a flavor of that. Mr. Buston, you and I talked about this the other day because Connie mentioned this to you I think earlier. There is a letter from one of your neighbors. So I think we need to make sure that this neighbor understands that we would be doing that at the community hall. So if we’re having the public hearing for this house decision during the meeting we could have this discussion.>>Since this was an ordnance and you passed an ordnance, ordnance becomes law. It is the law now so you would have to pass a modified ordnance.>>We have the discussion in two weeks and if the council move forward we would draft an ordnance and vote on it. The second meeting in September. Okay. So is the council okay with moving forward with this?>>Sure.>>Okay. Council? Okay. We’ll move forward with that. Anything else for the city manager?>>Off — I have a question. We had something regarding the meeting in Salem. Is that something the staff will be attending or something we as councilmembers should plan on trying to go to.>>I gave you that letter what’s week. It was an –>>That’s not — a staff meeting not for the council. That’s a meeting that the staff will attend.>>And we will have staff there, correct?>>Yes.>>Okay. Do I have a move to adjourn?>>So moved.>>The meeting of the whole is adjourned. We’ll open up tonight’s meeting. Roll call?>>Griswald.>>Here.>>Parsons.>>Here.>>Taylor.>>Here.>>Anders.>>Here.>>Please rise for the saying of the Pledge of Allegiance and a moment of silence. I pledge allegiance, to the flag of the United States of America. And to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Please be seated. Under the committee of the whole we just had a discussion about the Color’s house and we will put this on the agenda next September. This will include a public hearing and we will look at the potential to spend up to a million dollars possibly over a multiyear period of time to take ownership of this house and move it and restore it and then use it for public good. Once again I would like to encourage anybody in the community to please be mindful of this and to share with the city council what your thoughts are on this moving forward so that we have a broad base perspective of what our community wants to do. In announcements tonight I would say tell the SGA for hosting me on campus last Friday with milk shakes with the mayor and I had a good time with students getting used to Auburn it was surprising to me the amount of students who were from places far away. It was a great event and I look forward to continuing that in the future. Anybody else on the council have an announcement tonight?>>I do. I have a ward two meeting on the 29th of August at 5:30. It’ll be in the library and we’ll have the library director Chris Warren as our guest speaker that evening.>>Anyone else?>>Mayor, we had an airport advisory board meeting and things are progressing nicely. They report with the renovations of various taxi ways to things are looking bright at the airport. And then this past Saturday the historic preservation commission along with the Auburn heritage association dedicated the historic marker which is on North College. And that was nice to see and I think everybody was very glad to finally see that installed and present.>>Okay. Thank you, Beth. Anyone else?>>Yes. There’s a might at the community center on Thursday night and I think it’s dealing with the — and I’m not sure, maybe y’all can talk a little bit about that. Something about the Auburn public library board meeting.>>The Auburn public library?>>M-hm.>>It’s a town hall meeting.>>All right.>>Yes, the Auburn public library is in the process of developing a plan. We’re opening town hall for the public. The one at boy kin is the third of four that we’re hosting in August.>>Oh, okay. Thank you.>>Anyone else on the council have an announcement? Certainly we all look forward to the performing arts center grand open thing weekend. They’ve got events from Thursday through Sunday. We certainly encourage you to be out there but just once again look forward to all the rich and wonderful experiences that all of Auburn is going to be able to have within the confines of that building and on its grounds as well and also Friday night –>>Mayor, I think it does start Thursday with an event for the students.>>Absolutely. There’s an event Thursday and a concert Friday night. Also Friday night Auburn High plays their first football game of the year and certainly excited for their season opening and school getting started. Hopefully everybody’s gotten in a good routine. Auburn is back at them and everybody is here and accounted for. And speaking of Auburn University, Jack, Auburn University communications.>>Good evening, council, I hope everyone’s having a good week. If you can’t tell by the increase of traffic first day of class was yesterday. We’re excited to have everyone back. For this week’s communications report like you pointed out we had milk shakes with the mayor. We handed out burgers and milk shakers with the help of mayor ham — mayor Anders, sorry.>>I’ve been called worse.>>Appreciate you coming out. Auburn welcomed 4,382 first year students at convocation on Sunday. National college color day is next Friday so we invite everyone to wear orange and blue. Mayor, I know you wanted the inside scoop on our quarter back selection. Bow neck’s has been announced as the starting quarter back. We can’t wait to see him this weekend. I’m pleased to return this week with another student spotlight. Jay LON sanders is a junior industrial engineer major. From Alabama. He has shown outstanding leadership and commitment in several ways. Jay is the vice president of programs for the Black Student Union and programs chair for the national society of — for black engineers. Jay is also serving as the resident assistant at Cambridge hall right now so we’re proud of jay LON and all he’s doing for the university. That concludes the Auburn University report this week and if there’s anything we can do let me know. Have a good one.>>This time is for citizen’s communications on items on the agenda. Q. These are items just on tonight’s agenda. You’ll have five minutes. We ask you be respectful. Would anyone like to come forward?>>Good evening, I’m here on behalf of me, my husband and myself. I am going to read this letter. We come before you today to simply ask that you do what the planning commission didn’t don’t to — do we know our neighbors are against ADD use when placed in the proper areas but they run contradictory to what the historic district represents. The north college historic district is a small area that has been set aside to represent province past. It is listed in the national register of historic places and is the last grouping of historically relevant homes in Auburn. Each home represents a period of time in Auburn’s earliest years which include a home to many individuals to the city of Auburn and Auburn University. Each home is unique and has its own history, architecture and charm in the district. There are several other homes spread across the city that are very valuable as well but the north college historic district is the only area protected by federal and state derived guidelines and administered at the city level. Our request is only at the north college historic district overlay as was shown on your maps provided by planning. It’s just that district, not the abutting area. We are asking that the ADD use be prohibited not permitted. In the north college historic district proper. Much like they are also prohibited in the northwest Auburn overlay. This means in zoning designations including RDD which is the zone in question here tonight. The planning commission decided to not address the north college historic district directly but to send you a recommendation that all RDD designations be of conditional use for ADD use and this council already amended this recommendation to form an ordnance of ADD use in RDD designations. For that reasons the RDD was much larger than just the areas around downtown. Some potential threats in the north college historic district in our opinion are seen to be coming. We all know there have been investment groups buying up properties around town to fix up and replace with better structures though everyone’s idea of better is subjective. But recently these purchases have caught our attention because they have moved into the north college historic district. This investment is not illegal and could be good if their intent is to preserve and not replace. Most know the responsibility of properly maintaining this is not one designated to bring solely investment return but also to preserve historic value for which a dollar value cannot be placed. There are many past and current examples within the last 10-20 years where an individual and some would say an investor’s efforts would do this. All blend with the district and preserve the historic character. This of course is a never ending process as properties age and new generations take over the responsibility. If you look around you, you can bet investors are looking. There are several RDD designated properties and several NC as well that are currently in varying degrees of distress. While these properties seem to have a level of protection within the HPC, the historic preservation commission along with the city tasked with enforcing the a formentioned guidelines. They do not have purview over the use of the property and one can find recourse in seeking relief from protections due to economic hardship and/or burden based on permitted uses. One such used today and one being addressed tonight is ADD use though there are other use Z — uses allowed by right. Rather to say that ADD style homes seem to be regarded as cottages with some style or character which compared to the apartment complexes around town that may be true. But place them next to any home in the historic district and they would look like the style of them they are, beach cottages. They would be out of place and character in the homes. In conclusion what I’m asking you to do tonight is to make the effort to prevent this from making its way into the district. Thank you so much for your time.>>I would say to anybody else that want to speak to this determination there is a public hearing with that decision so you can come now or wait until then. Anyone else? Okay. Citizen’s communication is over. Jim?>>Under the communication this evening we have the announcement of one vacancy on the Lee county youth development center board of directors. The term begins immediately and ends September 30, 2023. We also have the announcement of two vacancies on the industrial development board. The terms begin October 10, 2019 and ends October 9, 2025. The incumbents are two. Both of these appointments are both groups of appointments will be made on the September 17th, city council meeting. And our next order of business is the consent agenda. Does anyone wish to remove an item from the consent agenda and add it manually.>>I would like to remove 8E-12.>>E as in echo. 12.>>12?>>As well as — 8E-7.>>Okay. Anyone else?>>I would like to remove E 13.>>I’m sorry?>>8E-13.>>Bingo.>>Inelse — anyone else.>>I would like to remove 8E-4 and 8E-5.>>Okay. Anyone else? Okay.>>Mr. Buston we’ll take the removed items as they were in order I guess.>>In order. So item 8E-4 is the authorization of payment of 25,000 to the tourism bureau for the sponsorship of an LGA tournament. Contributed 25,000 and the tourism borough contributed for one hundred thousand dollars.>>Do I have a motion.>>Let’s move for approval.>>Motion and a second. Questions?>>Yes. I have no issue really with the allocation of funds to this but I’m curious about the procedure. The memorandum or the letter you provided state that had the — stated that the city of Auburn — it was not a budgeted item nor was the city council involved in the process of committing the money so how do we come to the point where we are already committed to spend this money without it either being budgeted or brought to the council?>>I’ll give the first shot at this and then Jim, if you want to fill in the blanks. And then Miss Bridges is here from tourism. I believe this tournament was offered to the Auburn area early this year. It was not expected the people from the Trent Jones organization which is a retirement systems of Alabama made a contact with Auburn and asked us to consider doing this. At that time, they asked for 100,000 dollars in support and at my first ever meeting because as the mayor I serve on that board. This was discussed in February. Mayor fuller immediately agreed to the 25,000 dollars and I did not from the city of Auburn. I told the staff I would have to get back to them. I met with Jim, we talked about this. This type of allocation had been going toward a tournament in previous years, less than what we had been presenting to the bar what sol tournament and he and I said we’d have to put it before the council. So I went back to the tourism folks and said that we’ll have to get this approved by the city council but I’m in favor of this and this is basically replacing a contribution we’ve been making in previous years. The tournament was Memorial Day weekend the numbers are about half a million dollars in revenue to our cities. Through tourism revenue. Cost about a hundred thousand dollars our contribution was 25. There’s certainly other things such as publicity, television, media, and partnership with those in Alabama that are certainly worth considering but that’s ultimately, the council has to approve this money. So I K as the — I can as a mayor I am a part of a number of organizations and I’m asked about the city’s participation in a number of things. can always give a response but it comes down to contribution. I may have a few details correct.>>I think that’s all correct it is a risk at any time with these organizations I understand that it is the council approval that finally allocates the money. If the council tonight decided not to allocate than money then the bureau would be out 25,000 dollars.>>Like I said, I really don’t have a problem. I think it’s a good investment. We get a good return on our dollar for that and we just looked at the budget. Just procedurally I’m concerned about where we have something on the agenda that we’ve already “committed to “without due process. .>>And I think that was probably the memo probably had the word committed in there. That was an unfortunate use of the word. We are not committed until the council approves it.>>Any other questions.>>Is it anticipated this is going to be a reoccurring tournament? Do we know?>>I’m sorry.>>Is it anticipated this will be a reoccurring tournament every year.>>We do have this and this should have been on your 2019 budget adjustment. It is in the 2020 budgets adjustment. It was just not — that was my fault for not putting it in the 2019.>>I’m not even asking about that. That’s fine. Do we –>>All we anticipate for now is ’19 and ’20 but if it does continue we anticipate that or more would be asked of us. Yes.>>So it’ll be here in 2020.>>Yes. And we have it in the budget for 2020.>>Which we had already approved.>>Again, it will come back, even though it’s been approved it will come back to you for your approval.>>Any other questions or comments? If not we have a motion and a second, all in favor please say aye. Any opposed? The motion carries.>>Item 8E-5 is the authorization of payment to the Lee Russell council of governments for our portion to purchase for new vehicles. This is a cooperative agreement among the city of Auburn, Lee county commission and the Russell County commission are all contributing.>>Approval.>>Second.>>We have a motion and a second. Any questions?>>Yes. I have a question. You know how big their bus leads is?>>18 vehicles.>>Do they regularly replace these on a current basis as we do?>>They do. I think that they replace them after about eleven years old or so around that neighborhood. Some of these, they have the schedule and the major and the chief are on the board and can maybe better explain this.>>Thank you, Jim, I’ve actually asked the new executive director, Lisa, who is here tonight and if you would come forward and potentially answer some of these questions that would be super. Lisa is just taking over in July I believe, Lisa.>>June the 1st.>>Okay. And we’re proud to have her. She’s — thank you very much. Thank you very much. If you could just — if you would –>>Sure.>>Councilman Griswald’s question just talk about your transportation activities and your inventory of busses and how you all determine your needs and that kind of thing.>>I will give you background about our two systems. We Russell public transit run a demand system where people call in 24 hours in advance up to two weeks and schedule an appointment to doctors, shopping, anywhere in the city limits of Auburn and we also do go into the rural areas of Lee and Russell. We do have currently 18 vehicles in the Lee/Russell public transit system. We have 11 that we’re actually in the process of going and auctioning off and selling due to the extensive repairs that are needed for vehicles we decided it is not economical to go ahead and keep those vehicles. As mayor Anders said we usually keep our vehicles 11 years and we usually go way above the useful life of that vehicle. What we’ve done between 15 — fiscal year 15 and 17 we did not replace any vehicles. So what we start to do in fiscal year 18 for the Lee/Russell public transit was to start looking at our fleet. Getting rid of the vehicles in bad repair and start ordering vehicles so in fiscal year 2018, we ordered five vehicles and we asked for each government for four more and we asked for four more. Both of these are replacements. The 11 that we are selling right now and that goes through permission of the state. The state owns 18% of our vehicles and we have a 20% investment both of those were replacement. The vehicles we ordered in fiscal year 18 we have received those five but their right now in process of getting the radios done and all that ready to be put onto the road and so in September next month we’ll put five new vehicles on the road and then we’ve ordered four other vehicles from our fiscal 19 request and that is a 20% match and those are in production so we do not have those vehicles. We also part of that 18,000, you’ll notice is a little bit more than the previous year. We asked to have the match, the 20% match to put onboard cameras in all our vehicles so we have a complete view. Our cameras that we have now basically you see the back of the bus. You may see the side but what we’re trying to do the get outside, inside views for safety and then in case of any type of accidents so we have that feedback and in fiscal 20 what we did was in May that’s when we do our budget process. We ask our member governments. We present our budget and then any capital request. At that time we presented to our member governments for 15,050 to order four more replacement vehicles. And then this is how we’re now we’re here requesting that allot ment from the city council what we’re trying to do is in ’21 and ’22 we’d like to take it down to two vehicles and those would be expansion vehicles. Each year we will be retiring some vehicles and hopefully be able to catch up on our replacement schedule. So that’s where we’re at right now. And I’m happy to answer any other questions about the system or come back another time if I need to go into more detail.>>Does the council have a question?>>I just want to make a statement. The service is awesome. You know, I have a friend that worked for Lee/Russell and she transport people to the doctors appointments and stuff. So, you know, the contribution I think is well worth it to replace these transit buses and, you know, it helps out, especially the elderly who can’t get around and aren’t driving and this type of stuff. I think the transportation is an excellent program that you have. What are the hours?>>So for the Lee/Russell public transit and we do have another system in Phoenix city that the city council fund that. But our hours are 6 a.m. to 6 p.m. We do provide transportation to the Auburn senior city and do other aging contracts so 6 a.m. to 6 p.m. and they can call and make a reservation from 8-2 each day.>>And this is not just for seniors –>>It’s for anyone. We also have a contract with Auburn University where we transport their handicapped students. Also of course on their system it has to be a student so we can take their family members if they need transportation. So — it’s for everybody. It’s not just one person. It’s for the entire Lee and Russell Counties to utilize to get to where they need to go and we don’t have limitations to where they can go so if it’s Wal-Mart or to the mall or the library. Wherever you need to go, that’s what we want to try to do is provide that transportation.>>Thank you for y’all services and it’s very inexpensive to ride those.>>It’s two dollars inside the city limits. If you go outside the city limits it does increase a little bit. If you go out it may be six dollars a trip.>>You’re awesome.>>So we should anticipate an annual request for additional vehicles you said in ’21 and ’22.>>Two more vehicles and that match would be around 7,000 per member of go. What we’re hoping we can do is back off and not have to ask for maybe two or one and maybe some years we wouldn’t have to ask for any and we would then span it out. One thing we will do because I do know that your budget was approved in March that we’re going to start planning earlier in January making sure that we get any request in for that two year period but if there’s adjustments that we definitely don’t have this happen again. So I apologize about that.>>Yeah. Budget was actually approved in July but we gather all our information in March. Any other questions for Lisa? I would encourage the council if you would like to get further educated about the services of their entity to call Lisa up and she’ll give you a good cup of coffee and spend about an hour of time out there with her staff and you can appreciate everything they do on behalf of the citizens of Auburn.>>Please, anytime you want to come by and hear about our services we have an aging, planning, and economic department. And we are happy to talk about how we better serve the citizens of Auburn.>>Any other questions? If not we have a motion and a second. All in favor please say aye. Any oppose? The motion carries.>>Item 8E-7 is the purchase of land for the construction of fire station number six. The property is located at the intersection of west FarmVille road. The cost is 90,000 dollars.>>We have a motion and a second. Any questions or comments?>>I think this is great news. I would like to thank you all for moving on this it’s particularly a point of interest of me being in the fire service in our neighboring city. It’s a long range plan and I think as I was thinking about it, reading about it on Friday when I received the packet. Such a long-term plan also requires from my perspective, my experiences with them is I start doing the numbers of station six, three shifts probably with about five staff in each of those. So you’re looking at an additional fifteen staff. Some of whom will be required to be officer’s career guys and I started to think about the whole, the wonderful program that we have here with student firefighters contributing to fire safety in the city and the possible planning required to get ourselves into a position where we seamlessly move into a staffing situation that doesn’t have our students spread thin all over the city. So thank you so much for moving forward on this and I want to stay in my lane in terms of how you’ll go about it but that was my concern with TROORDZ just the overall long range planning of it. So thanks again. Appreciate it.>>Anything else? Okay so we have a motion and a second. All in favor, please say aye. Any opposed? The motion carries.>>Item 8E-12 is a development agreement with HP Auburn LLC for the 23 west magnolia project.>>We’ve seen several e-mails with requests some from members of the DRC and some others who are following this project closely. And there’s some concerns that maybe albeit the SPROJ — project is a good one and what we drove for. Maybe some of elements of it don’t meet the plan characteristics and just wondered if by all possibility, we could table this and ask the developer to maybe have one pass with the DRC if if maybe all the committee members could be present so they work through some of the suggestions that were e-mailed with regard to several different features and I know we have the representative from the developer here. Some of just — so just a thought if the council would be in support to table this until the next might to allow for that conversation to happen.>>Jim procedurally where are we with this right now if we offer it to the table do we need a motion and a second to table.>>And a vote.>>Okay. Is there — we have a motion to table. Is there a second?>>Second.>>We have a motion and a second. Any other questions or comments regarding this?>>Yeah. I am in support of the concept of the development. I just want to show you what we received. It’s very hard to make a determination on these elevations as they are presented to us. I wear contacts and glasses and it takes a — it takes quite a lot for me to really determine what I’m looking at here and for a development of this magnitude for our city, I’d really like to get a better look at it. It’s very hard to make a thoughtful determination on this. Perhaps maybe if we could get a look at some street views of this building to better assist us. To see what it’s going to look like. It’s very difficult for me to get a sense of it here.>>And mayor if I could. The developer is not required to do — as I review committee. They did volunteer to do that. I understand that just today they submitted a second set of drawings that will go to the committee just this afternoon they submitted those drawings so it’s my understanding that they are continuing to work through the committee.>>Okay.>>But I did want to make sure that the council understood they are not required to do that. They have by right approval to build in that area.>>Right and I’m merely suggesting that the DRC take one more pass before we actually as a body move one way or another. I am in support of the project but it’s a large part of West Magnolia and I want to make sure we know what the details are not down the road and so forth. And I don’t know time-wise if pushing that to September first meeting in September would create an undue hardship in the process.>>I think it’d be appropriate for the representative to step forward and make comment to what we stated here tonight. If you would give us your name and address for the record.>>Good evening, my name is Andy, council, as city management mentioned we weren’t required to go in front of DRC. We want to be good stewards. We feel we created a fantastic project and you’ve seen me before we talked about that. I think we solved a lot of challenges with that corridor. We believe the architecture is outstanding. The way the site lays out, not only from an elevation perspective with it being about 14 higher than west mag but also the way we essentially worked around the university parking lot and subway we feel there’s tremendous articulation in the project. We think we answered those questions. DRC was great with comments. We worked with city staff and have met with them for nine months now. To answer your question about timing, we started demolition and we want to move through with the development agreement and we worked closely with Scott and Megan to do that and we feel we have got on the the point of where we accommodated the city to agree on that. We feel we worked closely with the city. I would hate to table this another couple of weeks. We started to move and we don’t want to be in a position where maybe some of the other student housing developers are on the back end rushing to be finished. We want to do this right and the project is going to be fantastic. It’s going to look amazing but we also need to make sure that we’re moving through the process in the right manner. So I would ask that you guys please review. Like I said, we volunteered to meet with the DRC. We’ll do it again. We’ll sit down with their staff again. We don’t mind. We think they brought great comment to the table. It’s purely the fact they are not required and we would like to get approval on this.>>I appreciate your all effort with the Chick-fil-A that will be a great win for the community to get the traffic of Magnolia and we look forward to that. I would say this to you. From my perspective, student housing is one of the most controversial issues we have in our community right now. And it’s imperative that this council feels good about the things that we allow and we approve in this community. And we’re held accountable by all of the citizens of Auburn to how these projects operate. How they integrate. And ultimately how they look. Your project is different than a lot of the rest of them because it’s a four sided project that we’re all going to consume from four sides, not just a couple of sides and the downtown review team I understand that you didn’t have to do it. I was a champion of that process and I believe in what they’re doing. And they were disappointed they didn’t get to finish the process with you. And so I would preferred that you all finished the process before you came forward here tonight. It would be in the council and the community. I have no doubt that what you tell me is correct. It will work well for the community and Auburn students are going to enjoy living there but we are in a unique time in our city’s history right now.>>Sure.>>Any other questions?>>If you don’t mind if I respond to that. We were not informed. We are putting together the color board now and we were told before the building permit would be issued they would need to look at the color board. Which is fine. We encourage that but that was not contingent upon approval. From a time perspective, we didn’t understand that. So apologize for that but again we would be glad to sit down with them again. Thanks.>>How long do you think it’ll take for completion of your project?>>I’m sorry?>>Do you have an idea of how long until completion of your project?>>Two years. Fall of 2021 is when we plan on open ing.>>A two week delay how would that set you back.>>Tremendous.>>Can you explain.>>If you can’t meet that schedule of the school calendar and have it ready for student to move in, it’s tremendous. I don’t even want to guess financial burden but just the sheer magnitude of relocating people if they need to be here it’s tremendous.>>Any other questions? Thank you for coming forward. I appreciate it. All right. We have a motion and a second to table this. Are there any other comments? No more –>>Is there a requirement for the development agreement to be in place for them to do anything, to break ground or whatever because they’ve already begun demolition.>>Since it’s a by right development, what the development agreement does is it allows for some added street scape, larger sidewalks, things like that, allows them to be able to use some of the right away now and then to do their development. Without the development agreement they would have to stay on their property to do their development. So in this particular instance, the development agreement does not hinder them from developing. It actually, it’s, it’s more for us to get what we want rather than for the developer.>>Okay. Any other questions? Okay. So the motion on the table, the motion — on the table is the table. Thank you, Bret for helping me through that. So we have a motion and a second to table this to the next meeting in September which the day of that meeting is September the 3rd I believe? So the motion is to table this until the September 3rd meeting. Okay? All in favor please say aye. All opposed? Nay. All right. So we have tabled this to the next meeting in September.>>And item 8E-13 is the payment to Donna how land LLC and the access fees for the gravity Sue sewer main.>>Any questions or comments.>>Jim, I believe I pulled this from the consent agenda. Just so that the public could hear it one more time. If you wouldn’t mind. Explaining the situation.>>So this was an event that happened about twelve years ago. There was an agreement between the city of Auburn and Donohue land. It starts a little bit before that. The preserve development was in place and their attempt was going to be to do a force sewer main — a pressure sewer which turned out that they couldn’t do. So then it was decided they need a gravity sewer in order to ep up the preserve. Part of that went through land owned by Donohue land and so there was an agreement between the city and Donohue land for that portion of the sewer they would repay Donohue land from access fees collected from the preserve to the amount of 250,000 dollars. Soon after that, there was another agreement that nullified that agreement and said that the preserve would pay Donohue land between the two agreements Donohue land had already paid the city 80 some thousand dollars that would have gone to Donohue land. We gave that back to preserve with the understanding that they would be Donohue land the 250,000 dollars. This was also at a time when the economy started to fail where, it was in that 2007-08 range. So the expectation was that it might take longer for the preserve to pay Donohue land that amount of money. Can I see where, you know, Donohue land saying, well, we’re still waiting on our money because of things that happened economically. There’s nothing in the new agreement that says how they would pay Donohue land and although the city was getting the benefit of the sewer system as was the preserve, there’s nothing in the agreement that said that the city should make sure that the preserve pay Donohue land. There might be an implication that that was the case since it was the city originally who made the agreement with Donohue land to actually get that in place. We did a lot of research and since then the preserve LLC went bankrupt and is no longer in existence so we did a lot of research to find out, well, did the preserve ever pay Donohue land LLC. None of our records show that we have any record e-mail, whatever, that says that ever happened. We talked to the survivors, or — some of the members of the preserve LLC are deceased but they do not ever remember paying Donohue land. So as it comes down to a — to the point of — from my perspective, the city has benefitted from the collection of fees not only from the preserve but all around that area which I believe isahue Land. So as it comes down to a — to the point of — from my perspective, the city has benefitted from the collection of fees not only from the preserve but all around that area which I believe is — the sewer also serves Donahue ridge and Auburn ridge. We have collected fees from all those places. Access fees from all those places. Well in excess of the 250,000 dollars. To while we may not have any contractual legal obligation to pay that I think as I said in my memo. We seem to have at least — we benefitted from sort of a moral obligation to pay that and we cannot see that it was ever paid.>>Thank you.>>Questions or comments?>>So we’re not obligated to pay it and I just want to make sure I’m hearing this right. It’s just the right thing to do in other words. It’s the — since we are benefitting from it.>>That is my — that is what I take from it. Just — others could have another interpretation of we are obligated since, I mean, from my perspective is I don’t see a legal obligation. It seems like the right thing to do.>>Did we not discuss this on n — in the last –>>We did discuss it in the budget. But it still has to come to you for approval.>>Gotcha.>>Jim, in your memorandum, the first — the very first agreement, the February 2006 agreement doesn’t — in the memo. I’m sure dish know — I know the agreement’s much more lengthy but it doesn’t say anything about paying back by way of fees. It did say we would pay them by way of fees?>>The agreement between Donahue Land and the Preserve LLC did mention excess fees.>>I’m referring to the original agreement.>>Original agreement did not say that.>>February 2006 between the preserve and the city of Auburn.>>Between the preserve and the city of Auburn or between Donahue Land and the city of Auburn did not say excess fees. The one between the Preserve and Donahue Land did mention fees.>>I’m sorry, I think we’re still — maybe we’re talking about a couple things. February 2006, this is from your memorandum, the Preserve executed this with the city of Auburn and that agreement doesn’t say anything about repaying it by way of fees.>>Let me have Megan read by actual agreement.>>Mr. Griswald you’re referring to 06206 or –>>Resolution 06-18 in the memorandum.>>No, that was an original, the original agreement 06-18 was just establishing that the preserve was going to construct a force main which is in essence you pump sewer — it doesn’t have — we always want sewer to flow downhill very nicely and in this instance you pump and the sewer at the preserve does have a large pump station within the preserve but this was going to pump it down to the interceptor and excuse me, because I’m not an engineer but I’m going to try to speak English about sewer systems but it was going to pump it down Donahue Drive straight on town and hit a tributary and go to the interceptor. The preserve was not able to deliver that type of project and it was the city’s desire to not have this be a force main all the way down Donahue. It is much preferable and much safer to have it gravity flow and Mr. Hailey was willing to work with the city to help facilitate a gravity sewer in this area and that was the preference of our staff and that’s how we ended up with multiple agreements dealing with this and Mr. Hailey’s role was to help facilitate the construction of a sanitary gravity Su — sewer that the city wanted.>>So that’s what I spoke about in the given. That is just the agreement of the preserve doing the forced main. So the actual two agreements we’re talking about between the city of Auburn and Donahue Land and the preserve and Donahue Land are numbers –>>062 — 206 and 207 and 07 — I haven’t researched this.>>06206. That was between the city and Donahue –>>And the preserve.>>So the city 06206 was just the city and the preserve. Just to make it more confusing.>>It says disagreement, let’s see, the city was contemplate ing entering a contract with Donahue Land to construct the city line. Did we enter into that contract.>>We actually did.>>And that’s the agreement that you’re referring to when you say it was our intent to repay by fees.>>That did address that. Yes, we were going to pay by fees. Through access fees we were going to pay a dollar amount per your memo and the remainder of the money would be paid to Donahue Land as we collected access fees and there’s a very length think process in that development agreement for repayment and how we’d pay it quarterly and those kinds of things.>>At some point we had an agreement between the city and Donahue to repay them 250,000 by way of collection of fees.>>Correct.>>Okay. That’s what I was trying to get at. Thank you.>>So we’ve collected fees.>>It was 250 plus.>>But we have collected those fees.>>We have and we continue. As development continues we continue to collect them.>>Any other questions or comments? Okay. So we have a motion and a second. All in favor please say aye. Any opposed? Motion carries.>>Those are all the items that we took off the consent agenda.>>So now do I have a motion to approve the balance of the consent agenda.>>So moved.>>Second.>>Any comments or questions? All right. All in favor please say aye. Any opposed the balance of the consent agenda is approved.>>Under ordinances this evening we have item 9A of the approval to amendment article four table 4.1 prohibiting ADD use on parcels within and abutting the north college historical district. Those conditions are that ADD use are permitted by conditional use in RDD city wide east of north Donahue and be allowed to parcels abutting the interest. A public hearing is required.>>Please give your name and address for the record and please make sure that you address the council. Anyone?>>Nick Hayes 333 brook site drive. Regrettably we’re up here again to discuss this matter. It was before you all made a decision I believe three months ago approximately regarding ADD U and RDD as well as in other areas. You made a decision.>>Oh, mayor, I’m sorry, we need to introduce the ordinance and ask for consent.>>Nick, I’m sorry.>>Okay. I’ll introduce the ordnance and ask for unanimous consent.>>We have a motion and a second does anyone from the council have a problem moving forward with this this evening? If not, now public hearing?>>Yeah.>>Sorry, Nick.>>So roughly in May we were here to discuss the ADD U and RDD as well as other areas. It was decided by the council to keep it permitted. Councilman Griswald who lives in the historic district kind of abruptly brought up the idea of making it prohibited in the historic district. That was reviewed by staff twice I believe. Their recommendation was no. The mayor Anders decided to let’s give it a third try and here we are. I think as it was discussed in planning we don’t have the map here to show the historic district. I certainly think a lot of Mr. Jenkins and her husband, really appreciate what they did with the crim shah house, think what they’re doing across the street is marvelous. Really, as I told them privately I appreciate the investment they’ve made in the historic district as well as with that property. The thing that I think councilman GRIS Griswald and some others are failing to grasp is where they live their properties are zoned NC and neighborhood conservation which means that no more than two unrelated people can live there. And student housing is prohibited. Already. Where they live. The areas of the historic district that are RDD are, for example, Wells Fargo bank, BBNT bank liberty properties on the corner, Mike and Ed’s barbecue, the Kai phi house and the laundromat that add so much to our history. And then along north gay you’ve got the — what we call the frat house which is at the corner of gay and drake. And coincidentally this call came up as we were buying the gay and drake house. I know it’s not personal. But it certainly feels that way as an attack by councilman Griswald on us as private citizens just trying to invest in the community. And certainly, you all, you know, having this come back before us, for now a third time after the staff said no twice, you know, it doesn’t feel like our rights are being protected. It’s quite offensive. I have kids at home that I would like to be with. As I respect all of you. I think you’re all good people. Everyone here is trying to do what they feel is right for the community. We may disagree on how to go about that. But while I enjoy these meetings I’d rather not be here. I’d rather be with my family and three months ago we continue to have that fight again and again and here we are again because on certain things you’re all about following the rules and on other things the rules are a white board and we can just erase it if we get a few e-mails. And it’s not right. It’s terrible for the business community here to make investments and have the rug pulled out from under them. And the folks in that area are protected. They’re not going to have A DD Us being built in NC properties. If someone proposes building an ADD U on an NC property I will be the first one up here to say that’s wrong. But the rules have been the rules for a long time. And for the 30 or 40 years that the guy owned the house at gay and drake and allowed it to go into disrepair, there was never a conversation about changing the rules. And then now there is one. And it’s been allowed to continue and I think that’s wrong and I think it’s time for it to stop and for people to be allowed to conduct business in an open and honest manner. And anyway, I hope this will finally end. And people will — who’ve made investments in this community to improve the community, to redevelop it, will instead of having tomatoes and lettuce thrown at them maybe they’ll get a pat on the back and a thank you. Good night.>>I just want to correct one thing, Nick, just to clarify. The third time was because our procedures that we put in place as a council were not followed correctly. And it was my responsibility to make sure they were followed correctly and I didn’t do that the first two times and so that’s why we asked the planning commission to fully vet this and to go through the process with that. The first two times they had a staff opinion so that’s all on me and I apologize for you know the delay.>>Hopefully the mistake can be corrected.>>Thank you. Anyone else?>>Good evening. My name is Travis W. I live at 1474 turn lake drive. I’m in ward two I’ve been asked to come on behalf of several residents in ward two specifically to talk about some procedural issues. So with that, Mr. Griswald lives in the historic district as we all know as he’s freely admitted. He has brought before this council for the third time an ordnance that would specifically benefit him and his family and his property in that. The previous meeting he stated that he consulted with someone on the ethics of this and that it was fine because it would “effect him the same way it effects everybody else” that is actually impossible because his property is zoned in C. The rest of the property that we’re talking about is zoned RDD so you can’t compare apples to oranges legally and say that it affects something in NC the way as somebody in RDD. You already know that. It’s a falsehood. I don’t think it was intentional but that’s not correct. Secondly, Mr. Griswald should not be allowed to vote on this issue. It’s violating two specific Alabama statutes. Section 36255A of the Alabama code and section 36259C of the Alabama code. Allowing someone who is governing all of us to propose and then ultimately help pass a governance that benefits him and his cronies directly violates the ethical laws of the state of Alabama. Third. February 3rd, 1999 the Alabama ethics commission banned members of city councils and/or mayors from voting or attempting to entice other members of the council to vote on ordnances that effect real property that those individuals own. This would effect Mr. Griswald’s property. He thinks obviously to his benefit. That is a violation if he has spoken to you about voting in favor of this I would refer you abstain from voting on this. Finally, Thomas Jefferson said government exists for the members of the government. Someone also said if history could teach us anything it would be that private property is inextricably linked to civilization. That was Lou Big, he has a little institute down the road from here. I would urge you all to deny this and again, I ask that Mr. Griswald on stain based on the ethical rules of this state. Thank you.>>Anyone else? We’ll close the public hearing. Any comments or questions from the council?>>Obviously I need to address a few things there. First off I didn’t introduce this out of concern to where I live. And the assertion that I will benefit financially from whatever this decision is is equally ridiculous as some of the other arguments I heard this evening. In fact, if there were ADDUs on my property my property would be more valuable than it is today. So that is kind of silly. There is no financial benefit to me or my family or as was stated my cronies whatever that might entail. I am bound by the opinions of the city attorney. And he says we do not need to reduce the council member. It would be the where the council member resides. On the 4th of April, because I asked, in fact I stated that I would be more than happy to recuse myself from this issue. And the city staff and the city manager took to it the city attorney and came back and said, no, I don’t need to. So that’s where we stand in terms of — from my perspective, of the legal ramifications of this.>>Any other comments or questions? This has got a couple amendments to it. Mr. Buston, if we can walk through, this is a little bit complicated how we walk through this for our vote here tonight. So what we have had a motion and a second for is to not allow ADDUs in the historic condition but we’re not considering the two conditions that the planning commission attach. Is that correct?>>Right. Unless you amend –>>Amend those conditions.>>Right. The planning commission attached were two recommendations that they would like you to consider.>>All right.>>To change the existing ordnance.>>So as the council have these two amendments I want to make sure everyone understands what we’re doing here tonight. This is permitted by conditional use of approval in RDD city-wide and the other one is shall not be prohibited on parcels abutting the north college historic district. Shall not be prohibited so they would be allowed on par cells abutting the north college historic district.>>They would be regulated based on whatever that zoning designation on that parcel.>>So the options now are to have someone recommend one or both of these recommendations or some other condition that the council wants to put upon it.>>Okay. So we need to take these recommendations from the planning commission one by one?>>I would say you don’t have to take them at all if no one want to sponsor one of them. If someone wants to sponsor one of them then someone would need to make a motion to accept that recommendation there would have to be a second and then a vote and then it’s part of the ordnance.>>And we have a general discussion on the overall topic with the various motions. Is that — we can –>>That’d be fine.>>Right. Well the city and the council have obviously expressed a passion for protecting historical structures through our discussions of the Color’s house and the memorial monument last week. The historic district was not created for the benefit of the residents. It’s a district that was created by the city for the city. So it’s not individual of why it was created. All of Auburn will benefit from having a historic district. Not just the folks that live there or own property there. It’s a reminder of this long-standing relationship. Most of these homes were created by long time professors or whatever. And, you know, it continues today. So I mean, I think we owe to it the citizens of Auburn, past, present, future, whatever to do what we can to ensure that contributing structures as well as the non contributing structures do what we can to accent the district as a whole. It was not the intent, my intent nor the council’s intent for RDD to be reconsidered citywide and that’s what the zoning, excuse me, the planning commission did. They — there’s at least six separate zoning classifications within a A. small historic district, two or three blocks. However, the district as a whole, is already an entity identified and recognized by the city on the zoning maps there’s already an overlay for the district as a whole. So my recommendation is we drop all discussion about changing things that are abutting or outside the district because that was — abutting was fine. We drop that. But we understand and recognize the rights of folks that have property in the abutting districts as well and have no intention at this point of trying to change any of that. Within the district I would like to see ADDUs prohibited outright within the district itself. So my recommendation is that whatever we need to do procedurally, in terms of amendments or whatever, is that we do not affect RDDs citywide because that was never our intent. And that we prohibit ADUs in the district as a whole since it is recognized as a separate entity by the city and the zoning overlays. I don’t know how we go about doing that, but –>>That’s currently what we’re considering is prohibiting –>>I think you could make a motion to prohibit ADDUs in the RDD zone in the historic district. Because they are already prohibited in all the other zones. Someone could make that motion. Someone could second it. Then off vote on that. At that point, that becomes part of the overall ordnance which then we would go and vote on the overall ordnance as amended which ADDUs would only be prohibited in the RDD zones in the historic district.>>Jim, when you talk about, when you — when you’re in the historic district what are your rights with your property, with your building, what can you do? What stimulates a redevelopment if you own a building in the historic district?>>To make a really long story short, essentially any alteration to the property that’s visible from the right of way requires some type of review. Whatever that change is, it may — it could be reviewed by staff exclusively and handled administrateively or rise to the approval of the commission itself.>>What about, what triggers the ability for somebody to redo their property if they’re building? Is it natural disasters such as some kind of weather event or some type of — if the building were to become compromised and have to be taken down.>>Obviously an act of God. There’s also provisions in the HPC guidelines it’s referred to as demolition by neglect.>>Could you explain or ewill be — elaborate on that a little bit in laments terms or officially.>>If you have historic property and you wish to have it demolished you have to get a certificate of appropriateness from the commission. Demolition by neglect and failure to maintain a property shall constitute a change for which a certificate is necessary. Commission shall not grant a certificate for relocation without reviewing at the same time specific post demolition or post relocation plans for the site.>>The demolition of contributing buildings is not appropriate and may only grant for the contributing building where it finds that failure to do so would result in an economic hardship for property’s owner. The building is no longer contributing to the district or where demolition is necessary to otherwise enhance the district.>>So it would have to be a real drastic scenario for an ADDU to be built in the historic district. Correct? Weather. Some type of fire. Something like that.>>That all depends on how this ordnance is acted tonight.>>Currently.>>Yeah. The ADDU, Arizona — as it currently exists in ordnance could be in an historic structure in the historic district as long as the outside of the house has not changed. The inside of the house, being five bedrooms, five bathrooms, if that’s what constitutes an ADDU let’s say, it could exist in the historic structure but the outside struck — because the historic — it could be called an ADDU but it’s — it could also be called a bed and breakfast.>>Or a multifamily development. Which there is one already in the RDD and historic district. There’s lot 121 which is going to be student housing. 145. Lot 145 which has been historically for lack of a better term a frat house. With beer cans littering the front of the lawn for the last at least five years that I know of. So I mean, the –>>This council will see an additional use case in fairly short order.>>And it already went to VZA and got approval for modifications for that purpose. Correct?>>I believe so.>>You start to discuss exactly my question. We outlined there’s four or five different zoning designations within our historic district. And of those four or five only one currently allows for ADDUs to be built. And in that one zone I’m counting nine parcels, nine addresses. That an ADDU could potentially be constructed on and of those nine, seven and a half, I’m counting a half as 141 East Drake because it has historically been a large number of students but seven and a half or eight of those nine are either multiresidential, religious use, office space, office space, student housing. Because in 121 and our frat house that we’re talking about. While I respect and grew up in an Alabama home built in 1882, you know, I respect and love our historical structures, I feel like they’re already protected by what they’re allowed to do on the exterior. We’re only discussing what they do on the inside. I don’t mean to oversimplify that but that’s what we’re talking about, right? Use or what we’re describing as the floor plan on the inside of the house.>>For those historic structures that are already there in the district they can not be modified outside the –>>They’ll look like the historic buildings that they are currently they just may be used on the inside as something else.>>Correct.>>So esthetically –>>Without the historic preservation commission weighing in on it. They have purview over what it looks like.>>That’s what I mean so that can’t be altered anyway.>>Right.>>Just wanted to clarify.>>Jim, how would a parcel owner voluntarily go about rezoning if they wanted to change that property from RDD to NC. Instead of us ruling on that or voting on that, they had that — would they have an opportunity to change their zoning designation in the historic district.>>Anyone can seek a rezoning application of their property. It’s going to be evaluated on a number of different criteria. You got spot zoning, considerations, things like that but every zoning application, anyone has the opportunity to request the zoning of their property in time. We’ll render a recommendation as will the planning commission.>>So in theory these eight lots could voluntarily ask for rezoning if they wanted to that.>>Sure. They can ask for anything.>>Thank you.>>Okay. So just want to regroup where we are. Mr. Griswald has toughered — and — offered is not allowing this anywhere. The planning commission came back to us and said that they recommended the ADDUs be be permitted by conditional use and RDD citywide. I would like to offer another way for us to view this tonight as an amendment and I did have the staff help me put this together today. Amend table four one. Such that the academic detached dwelling unit shall require conditional use approval in the RDD in the north college historic district only which would allow RDD to be permitted through the rest of the city and they would have to be conditionally approve ed in the historic district. Comments or questions?>>While I still think that’s a better scenario than in my opinion, I know I’ve been told it’s not spot zoning but we are pinpointing nine or really eight properties. And I mean, we’ve already discussed this and we already vote on this and albeit all of these are in ward three and to me, Jay simplified it in its best format so I don’t need to repeat that but you — I don’t know how you can look at a house that’s already constructed and say then all of a sudden it becomes an ADDU. So that is past me. And we all know how I feel about ADDUs to begin with. So I’m not in favor of even supporting this ordnance in front of us so I think it’s best to stay with what we decided on and put this to bed.>>Any other thoughts?>>Are we certain from a legal perspective if we vote in favor of the proposed motion, well it’s not a motion, but what you’re proposing there is not spot zoning. I don’t know what the definition –>>There’s — no, there is some existing precedent while it’s not exactly like this particular scenario, for example, use of bed and breakfast is limited. You can only establish a bed and breakfast in NC if it’s NC that’s in the north college historic district and that requires additional use approval. That’s the closest thing that I can come up with that is remotely comparable to this.>>Okay.>>I tend to agree with what council person wit ten said I think she has the right idea. We discussed this long enough. It’s time to make a decision.>>Yep. Any other thoughts?>>I do. I’m just really confused. I don’t even know what we’re doing here so are we voting to keep the amendment as-is. Or — which is I guess to keep to allow the ADDUs to come into the district but for conditional use.>>That’s not what is before us. What’s before us right now –>>I’m just con — — so con — confused.>>The current proposal has it stay that way if you do nothing. The amendment that the mayor offered would only, not address anything else other than RDD within the historic district and would make ADDUs conditional in RDD in the historic district only. That’s the amendment the one that councilman Griswald suggested would make ADDUs prohibited in the historic district only. Now those are the two I’ve heard.>>So we got, so what we’re voting on, we’re — are we voting on our current –>>Well until an amendment is offered, seconded and voted on we don’t know what the final ordnance will look like. So mayor, if you wanted to –>>Procedurally –>>Procedurally move that your amendment then you need a second and then off vote — you have a vote to approve that.>>I think Mr. Griswald is before me –>>I can support your amendment.>>Okay. So I think our choice is to accept the ordnance as it is. Okay.>>Which means you do nothing. Or you offer an amendment to the current ordnance.>>Okay. So at this point in time I’ll just read this amendment and see if there’s a motion and a second. So I’ll read it again. Table permitted uses of the city of auburn city ordnance shall require use approval in the north college historic district only. I’ll use that as a motion from me.>>Second.>>Motion and a second. Any questions or comments?>>And we are striking, are you striking the abutting properties from the language? So that amendment would be replacing the –>>The abutting properties would be allowed. We’re not touching that at all so if we’re not touching it, it stays in there.>>Well, right now, yes, you would have to make sure that you want to eliminate the abutting properties.>>That would be a Second Amendment.>>I would do it as a Second Amendment.>>Tech — all right so this is the current amendment academic unit shall require additional use approval in the RDD district in the north college historic district only. And so we have a motion and a second. Mr. Buston, I think we should do roll call on this.>>Yes.>>Correct? Okay. Is everybody okay on what we’re doing.>>This is the first time the public has heard of this new iteration. Is there any allowance for public debate since you’re about to make a decision on our properties and we have not heard one word until this moment?>>Mr. Buston, how do we handle that?>>In all fairness I think they ought to be able so to say what they got to say.>>So if the council’s okay we’ll reopen the public hearing. If you’d like to address the council please come forward. And I guess you don’t have to give your name and address for the record.>>Sorry to take everyone’s time. While appreciate mayor anders constant request a middle ground we know this doesn’t exist and I fail to understand why myself and other property owners have to give up anything to appease counsel man Griswald. I have to give up something. I get nothing. All I do is lose. He may or may not gain. That can be decided by someone else but imagine you have a 401K or a retirement account and you’re not using it today but at some point in the future you are going to use it and some higher power says, hey, Bob, why don’t you give up 20% of it because the guy on the corner wants you to. You’re not doing anything that directly affects him but he wants you to give up 20% of your net worth because he wants to and we think it may make him feel better and if you give it up it may satisfy him for a couple months. I don’t understand why we have to give up something with their properties to try and appease someone and it’s really none of his business. His business ends at his property line and what I do with my property as long as it’s legal, it’s none of his business. It’s not really anyone’s business but in a request to try to make him happy, you’re constantly taking from me. Three months ago you took from me. What’s to stop you three months from now? Thank you.>>Anyone else? Anyone else? Okay. We’ll close here. So we’ll take –>>You have a motion and a second.>>A motion and a second.>>On an amendment.>>All right. So we’ll take a voice vote.>>No.>>Dixon.>>No.>>Griswald.>>Yes.>>No.>>Parsons.>>Yes.>>Smith?>>No.>>Taylor?>>Yes.>>Witten?>>No.>>Anders.>>Yes. Failed. Okay. 5-4. That failed so the next — for the abutting so do we need to — right now it says ADDU shall not be prohibited on the North College Historic District. Do we need to deal with that at all in.>>If you want to allow abutting you need to amendment the original ordnance to say that what the planning commission recommended. That language that they recommended. You could just deny the ordnance and it stays as is.>>Originally we had a motion and a second on the ordnance and I asked for unanimous concept — consent. Exactly what do we –>>Okay. So — you have the option to — you would introduce the ordnance. You ask for unanimous consent. The ordnance as it exists is entirely — what is proposed prohibited entirely in the North College Historic District and on parcels abutting the district so if that is not what the council wants to do and you –>>And the amendment to allow them –>>Well, no, so — if you do not want to prohibit ADDUs in the historic district and the abutting just vote no and it will go back to the way it originally was was that ADDUs are allowed by right wherever, I mean, ADDUs are allowed by right? In RDD zones.>>The council prepared to vote on that then.>>Can you restate that please.>>The ordnance as advertised would simply add a footnote of the table of uses under — entirely in the North College Historic District and on parcels abutting the district. If you move for the motion as proposed that either passes or it fails. That’s all that’s being proposed adds — as part of this ordnance. As the ordnance as advertised is denied we just go back to what we’ve been operating under prior to this hearing taking place.>>So, yes vote prohibits them and an abutting and a no vote leaves it as it is.>>Or you can add additional amendments.>>Okay.>>(Talking amongst each other).>>So are there any other amendments that the council would like to consider? Okay. So if not we have a motion, we have a second and now it’s time to vote. Okay?>>Dawson?>>Hold on a minute now.>>That’s fine. You’re good.>>You got me confused. What are we voting on now?>>You’re voting on the ordnance as advertised and if approved as advertised ADDUs would be prohibited entirely in the North College Historic District and on parcels abutting the district if it’s denied or fails that language goes away and ADDUs are regulated as they presently are. In other words to change has been effectuated whatsoever.>>Thank you.>>Dixon.>>No.>>Griswald.>>Yes.>>Parsons?>>Yes.>>Smith.>>No.>>Taylor?>>Yes.>>Witten.>>No.>>Anders.>>No. Resolution? Under resolution this evening we have item 10A 1 for approval for a warehouse located at 1926 small boulevard. A public hearing is required.>>Please come forward and give your name SXA dress for the record. Seeing none we’ll close the public hearing. I have a motion.>>Move to approve.>>Second.>>I have a motion and a second. Any questions? All in favor, please say aye. Any opposed? Motion carries.>>Item 10A 2 is Chris requesting approval for a multifamily develop at 547, 553, and 605. A public hearing is required.>>We’ll open a pub like — public hearing if you would to address the council for the record. Seeing none we’ll close the public hearing. I have a motion and a second, any questions ? On this? If not, all in favor, please say aye.>>Aye.>>Any opposed? Motion carries.>>Those are all the items.>>Any other business?>>Yes, sir, mayor, a couple things, first thing is something happened tonight. A question of Mr. Griswald’s integrity and I certainly do not agree with Mr. Griswald for often on what he wants to do but I think he’s an honorable man. He has constituents at heart and I think he wants what’s best for the community. I do think he’s a very honorable person and that’s all I want to say on that matter. Second matter is I’ll be having a ward slash community meeting at the near future to discuss the area around wire road and cox road. The planning commission had a day of, I believe, introduce stuff to our community. That I wasn’t aware of until like a day ahead of time when I got a call from one of my constituents so I appreciate in the future that the council person of that ward be made aware of it so he can answers intelligently and not be caught off guard and look like an idiot. I look like an idiot most times but I look like an extra idiot. I saw a sign and I’ve been out there for — probably 54 years in October. Great, great, great granddaddy been out there and I don’t know about it until I see the little sign. I’m elected to represent those people. I need to represent my constituents. I know it was a simple mistake but I appreciate if it would not happen again because I’m elected to be their representative and I like to be intelligent. I never get mad about being caught at 3 or 4 o’clock in the morning but I get mad and not knowing what’s going on. I don’t like getting caught off guard and I beg you in the future make sure somebody lets me know about what’s going on and I appreciate the hard work you all do but I think it’s imperative that the council person be made of stuff like that that’s going to occur.>>We will make sure — that was our mistake and we will make sure that doesn’t happen again.>>Thank you very much. Again I appreciate your hard work.>>Anyone else on council.>>I want to echo what chief said about councilman Griswald. I don’t think his character should be called into question. I don’t think that’s fair. I also wanted to bring up one thing we didn’t talk about. Wanted to thank capital plastic products for their jobs and incorporated for their jobs and investment. That’s fantastic. And here in Auburn and putting people to work.>>Anybody else?>>I’m — would like to support what you brought up at the end of our last council meeting that obviously it’s time for us to take a hard look at student housing and I look forward to the task force recommendations and do what we can to make possibly put some brakes on this stuff.>>At this point in time it’s citizen’s open forum. You have three minutes. Please give your name and address for the record and remember that you are addressing the council.>>Linda Dean 474 Scott Street. I’d like to commend all of you for your very careful consideration. For contemplating, allocating some funds for preserving the Color’s house. Probably the most important historical structure we have left in this town outside of campus buildings. I would surmise that every alumni that comes to Auburn and all of the towns — most of the townspeople cherish this structure. So mayor Anders has mentioned several times that he would love it if private individuals came forward. But if they don’t know that it’s in danger, they can’t come forward. We’re about to have our football season here. And the — I’m hopeful that the city will put in some seed money for getting it moved if it comes to that. But even if the city put in seed money and they know that this house is endangered, so they’re here tonight if they will help us get the word out that this house could be a jewel for this town. If you’ve ever been to functions and see how the house is used the color’s house could be used in a similar way. This is worth our saving, people. And just the positive step that you all took tonight and hopefully will take in two weeks when the next council meeting saying that you believe that this is worth preserving to get other people on the bandwagon. I’m deeply appreciative and I applaud you all for this. So thank you.>>Anyone else?>>Can I just make a comment?>>I can just make sure there’s no one else that wants to come forward. Anyone else? Connie, would you like to respond?>>I just want to say, I wasn’t — I don’t want to see it demolished. I was just asking a question because, you know, I feel like it would be valuable to whatever area they decide to put it in. So I don’t want nobody to think that I’m trying to, you know, I’m trying to have this house destroyed I just thought that was one of the options. So but I’d rather see it preserved and, you know rather than destroyed so I want to clarify that.>>Anyone else like to address the council? Okay. Seeing none do I have a move to adjourn?>>So moved.>>We will adjourn.>>.>>(End of

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