City Council - Regular Meeting

ly updates for nuisance properties and also for um customer service experience. Both of those uh I've talked to the council president about moving into staff reports um so that we can go through uh this agenda in the work session and have some time for exe executive session on uh good name and character and legal issues. Um, with that we have um I talked to Zel uh Thomas, our superintendent of our city school system today about the old Coppenville agreement. Um, there's a few little things that they're they're working on, but substantively um the terms that that we've agreed to I think marry up to what they want to do. I think they they're working through how to dispose of that property uh potentially through the school system uh and their what they're bound by law. So, their attorneys looking at that and tweaking it, but um we should have that back if not by the end of the month, the first part of January, he said. So, we'll bring that back to you in January. Um maintenance facility uh is still underway. There's some interior work that needs to be done on that. Um most of the other goals as you see wastewater treatment upgrade tap um those and as well as the develop uh and implement training performance and onboarding plan those are all being punted till uh first quarter um and second quarter of next year. Um with that that'll oh and then the strategic planning meeting on January 14th just a reminder to keep that um front and center. Um Blake, I I can't remember if we if we're doing that here or at the farmers market. Can you refresh my memory here? Uh so I think the plan was about a 09 start. Um in the past we brought in some, you know, snacks and and coffee um for everybody here and then had lunch brought in. So, usually goes somewhere between, you know, two and four depending on the

amount of questions or how how good the conversation's going, but I would anticipate it from about, you know, 9 to 4 at the latest, but probably wrap up sometime between two and three. That's our our uh Q4 goals. Any questions?

All right, let's uh review the agenda. I failed to mention in the beginning uh Councilwoman Rich will not be with us tonight unable to be here. So we will begin with our roll call opening prayer and pledge of allegiance approval of agenda and then we will move to approve the agenda and then the consideration of consent agenda. And um in the consent agenda, we have contract billings in the amount of 49,277 $49,277.99. Our Dura Group um $3,9 WWTF upgrades, that's wastewater treatment facility.

Okay. All right. And then uh $21,4387 for upgrades as well. Poly inc uh $2,5459 for consulting service for waste water treatment plants. And then Euing Connor and Associates $10,000 contract administrative service for the 2024 CDBG demolition demolition project. Fine Getting Associates $6,250 for contract services and Alabama Power $6,92053 to relocate install Power Pole at the parks and recreation parking lot. Any questions about the consent agenda? Uh I just got one quf upgrades. What is that?

Wastewater treatment. Wastewater treatment. So we we had uh received SRF uh funding uh which is state revolving loan fund from ADM approximately $ three and a half million dollars um in grant funds to do some work at our wastewater treatment plants that were in need of upgrades. Uh we anticipate and I'll let Barry talk about this but we anticipate that it'll help fix some of the the broken systems that are there. Um also moderately increase capacity at at the plant. But bearing, you have anything?

So, just to remind you, we did receive a three about $3.5 million, $3.5 million grant for I say grant, it's SRF along with grant forgiveness. Uh the way they did it, we did add about $200,000 to that project. We had some things that we wanted to get done that were right outside the budget. It was my recommendation that we fund those if at all possible and that was put into the project. I think total project is 3.7 million is what I remember. Uh it's work at both of our wastewater treatment plants at College Streets primarily. We're doing all the electrical and controls and fixing some of the stuff that's just broken. Um, mechanical handles, slooh skates, that kind of stuff. The other one is at Northeast, we're putting in screens and fixing some stuff in the front end that'll keep a lot of the debris and stuff out of our pumps and out of the wastewater treatment plants, which is causing us a lot of problems with bringing in labor. Honestly, two and three times a night, we have people come up there just to rake the screens at nighttime.

Wow. Because um the screens are broken. We had to order those materials and it was almost a year out from the time that we placed material to get that in place. I did get an update from the engineer about a week or two ago. They think that we should be done June July of 26. Um so we're waiting on we're waiting on the screens to come in, sir. To be honest, the the concrete flumes are are done. We've done everything we can do. We're just waiting on the material to show up and when it shows up, we'll install it. Okay. Um so it it is to fix some things that are that are broken and it'll add efficiency and save us money for labor. Um, and we'll we'll add a small bit of capacity to the plants. Okay. Sounds like the burden to the city was a lot lot less than the overall project cost. Thank you'all for doing that. Thank you. Thank you.

Any other questions on the consent agenda? All right. The um we will have a permit request for Ma Main Street Enterprise Marty Gro Maine 2026. Um, it's like a Saturday, February 7th, 400 p.m. to 9:00 p.m. Yes, we've been in great length of conversation with it, but it'll be doable and uh work out. We did it last year. We just just tweaking a little bit, but it'll be a good time. Okay.

All right. Any questions on this uh street closure? And then we will recognize the Christmas parade float winners. Uh, Mayor Cooper and Enterprise Chamber of Commerce Director Aaron Grantham and parade chairperson Rob Rhodess will present awards and we'll have our privilege of the floor and then staff reports. We already know we have a couple presentations during the staff reports tonight and then we will have a public hearing and consideration of ordinance 111825. um for the reszoning of 2.35 acres of land owned by JLW Creative Solutions from R2 to Plan Residential District located on Becky Lane at Windham Drive. I know we've talked about this a couple times. Anyone have any questions about this one tonight? All right. And then we'll have a public hearing for Enterprise Metals and Recycling on the matter revoking or refusing to renew a business license for Enterprise Metals and Recycling located at 930 Bellwood Road. And then under new business, any questions on any of this? Just kind of moving through here. Uh new business authorize the mayor to execute a lease agreement with Tinderarts Homestead LLC Main Street incubator. Um, yeah. So, it's a new tenant for the the small incubator.

So, it's actually not a new tenant. It is our current tenant. Um, we would like to extend that lease. I've discussed with my Main Street Economic Vitality Committee and we have decided to extend her lease. She's been a fantastic tenant. We haven't had any issues. Um, but we would like to extend that from January 1st through June 30th of next year. All right. Thank I'm assuming your board and everyone's all happy with that. Okay. I guess I don't have any questions about that. Anyone? All right. Thank you. Thank you.

And um then we will call for a motion to approve a one-time extension of city's Christmas holiday schedule to include Friday, December 26th, currently observed on Wednesday, 24, and Thursday, December 25th. All right. So, at the last meeting, we we discussed this and what I took away from the council was that um you wanted me to check with all of our department heads and find out what the impact to the city would be. So, um basically no new information other than that it could impact city sanitation, garbage pickup. And so I've got Barry M up here to kind of address how that would work and what that looks like um so that we've mitigated that risk um and impact to the community. Um but talking to police, fire, and our other services um as well as parks and wreck, they're they're going to go to limited hours on that Friday. I think 10 to 6 is what Blake uh told me, but they they've got the ability to open the rec center as well. Um it'll just be with two shifts instead of three. So, um, outside of that, I think varies, uh, the the piece of information you would need to make a good decision on that.

Okay.

Yes, sir. Gentlemen, um, [clears throat] I did talk to Shannon Roberts and and checked out with our staff, as we talked last council meeting, if we take three days off with sanitation, it will have a pretty significant impact on our ability to pick up garbage across the city that people will get behind. Um what what we propose is if if the council decides they would like to do this, what we will do is we've already talked to our sanitation crews, they would like to come in and work on Wednesday. So they would take Thursday and Friday off but come in and work on Wednesday, which right now is a designated holiday. Um but we would pick up Monday's garbage Monday Monday's and Tuesday's garbage on Monday. Tuesday's garbage would be uh anything Tuesday and Thursday would pick up Friday on Wednesday. And we've got that schedule together. Um what that would mean is that we would pick up all the garbage for the week as far as your canned garbage um from Monday through Wednesday and our guys would work that Wednesday and we would work with them to either give them a floating holiday or paid out whatever HR decides is the right way to handle that. Um but our crews are prepared to work and they're happy to do that. Um if that that's what you would like to do. Uh we we do think there might be a small impact on bulk garbage uh as it always is this time of year because um after Christmas time, the day after Christmas typically is a pretty heavy time for people to put stuff out on the street. If they keep it in the cans, we know that we can kick it pick it up pretty quick and the next week we should catch it right back up again. Um if it comes to bulk garbage and if we have pretty weekends and that kind of stuff, people are clearing up stuff putting on the street, it can put us behind. Um but it's just that's the nature of the business around Thanksgiving to Christmas. But I I don't foresee if y'all decide that you want to give that Friday off that it would be have a major impact on our sanitation as far as picking up our automated garbage for the city.

What about um notification to the citizens because that's going to change the pre-published schedule of garbage pickup. We we've got a draft put together and have talked to Emily about that about getting that out to the citizens. Also did a little reconnaissance and checked out this is the exact same thing that the city of Dothan is doing as well. uh they're following the same policy doing Monday, Tuesday, Wednesday pick up. They're taking off Thursday, Friday. Um just as a backup too, we did confirm that LFO County Landfill is open on Wednesday and on Friday. So um we we feel good that we can keep it covered for the week and we're prepared to put that out if that's what you decide to do tonight, sir.

Yeah. I just think that my my number one concern would be getting the information to the citizens and with the lack of a lot of no local news media, that seems to be harder and harder and harder to do these days. Yes, sir. So, so again, um, you know, you've heard from staff. We put it on the agenda. Thought it'd be easier if you decided you didn't want to take it up, you can strike it from the council meeting agenda. Um, if you'd like to keep it on there and consider it, obviously, it's there and ready to do that. So,

yeah, I want to keep it. Plus, u Allison, I'm glad we're going to take care of those folks coming in on Wednesday to make sure they get the hours that everybody else did. Barry was talking about. All right, then we will have the mayor's report, council member comments, and adjourn. go back to our work session agenda and we have a request from Jonathan Tolles to go into executive session for good name and character. Anything else besides that? Uh potential legal issues.

Okay. And those those have been certified by our city attorney. Okay. And um I have a motion to go into executive session. I make a motion we go into executive session for good name and character and legal issues. I have a second. Second. All in favor say I. I. I. All in favor same sign or all oppose. Same sign. All right. Motion carries. We'll go into executive session and we do not expect to do any further business in this work session here. We'll come back and adjourn to our regular meeting.

I'm excited. Hallelujah. Really?

Hallelujah.

There's the

[snorts] Yeah. Yeah. Great.

Great. Yeah, that's All right, we'll call this uh meeting of the city council to order. Um let the record show that all except Councilwoman Sonia Rich are in attendance and let's stand for our opening prayer. Okay,

let's pray. Lord, community tonight, Lord. God, we just pray for uh just everyone here. We just pray for um just our our city, Lord. God, everyone who just who needs um who just needs help throughout our city, Lord, we pray for them. We pray for everyone um they're here tonight, God. Pray for our leaders. We pray for our our department heads, God. God, just continue having your hands upon them and blessing them, Lord. And God, let's continue helping um others all all throughout the city. And also, Lord, let's let's um just come together and make the best choices for our city. We love you. Pranch holy name. Amen. Amen. Show me the 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.

You may be seated. All right. Call for a motion to approve the agenda of the meeting as submitted. I move to approve the agenda of the meeting as submitted. Second. All in favor say I. I.

All oppose, same sign. Motion carries. Now we consider our cons consent agenda. All matters listed within the consent agenda have been distributed to each member of the council for review. Our consider to be routine will be enacted by one motion of the city council with no separate discussion. If separate discussion is desired on an item, that item may be removed from the consent agenda and placed on the regular agenda by the request of the member of the city council. I call for a motion to approve the consent agenda as presented. Move to approve the consent agenda as presented. Second. All in favor say I. I.

All oppose. Same sign. Motion carries. All right. We will now consider a permit request. Main Street Enterprise Marty Gro on Main 2026 events. Call for a motion to approve the following permit request as submitted. Marty Gro Maine 2026 events. Event time date 4 o'clock p.m. to 9:00 p.m. Saturday, February 7th, 2026 with a rain date of Saturday, February 14th, 2026. Street closure from 3:00 p.m. to 5:00 p.m. Street closure area Edward Street and Easy Street. Street closure from 2:00 p.m. to 10:00 p.m. The area will be East College Street, Maine to Edwards. and we spoke to Chief Moore during the work session and he agreed to that. Is there any discussion on this item tonight? All right, we have a uh motion to uh approve this request.

Move to approve the permit request as submitted. Second. All right. All in favor say I. I. All oppose, same sign.

Motion carries. All right. Now, uh, Mayor Cooper and, uh, Enterprise Chamber of Commerce Director Aaron Grantham and parade chairperson Rob Rhodess will present awards for the float winners of the annual Christmas parade. Oh, very well sir. Thank you. A mayor and a gentleman. Thank you. Uh just want to say good evening to everyone, council and and all those present. Thank you guys so much for being here tonight. Um, you know, our parade had to be facilitated a little bit later in the year than usual um due to multiple factors, but weather being the worst one. So, we appreciate your patience and thank you guys for spending time with us tonight so that we can recognize the hard work of our community that put these uh amazing Christmas parade units together. Our chairman of the committee, Mr. Rob Rhodess, was not available to be here tonight. Unfortunately, he had something come up. So, you get me. Tada. Um we're very very proud of all of the uh parade entries this year. Uh the theme Christmas around the world was not an easy theme to come up with a uh float decoration for. Um and so we applaud everyone all your hard work. We know that you guys, you know, often have to have a lot of volunteers to make this happen for you. Um some people have a lot of creativity and we were all very inspired. So, thank you so much. Um, our judges, who by the way,

uh, are from out of town, um, were actually from around the world. We had one from Germany, another one from Australia, um, and the the third was a standin, but did an amazing job. And so, um, they were very impressed. I think it took them an hour and a half to decide, mayor, who should be the winners. Uh, so we're excited to make those announcements tonight and, uh, honor you all for your, um, great efforts. So we will start with our first place winner church on bow weevil circle. I get it. He needs to be in it. I got it. We need to Come on.

Thank you. Just kidding. [applause]

All right. Next up, we have our second place winner, which is Beacon of Hope ABA.

[applause]

And now we will introduce our third place winner, Center Stage Dance Studio. [applause]

[applause]

Great job. Um, and while those are our top three, uh, the judges are always welcome to, um, do a special judges award if there's one that they really felt like hit it on the nose but didn't quite make it in the top three. The judges holiday innovation spotlight award goes to Parish Enterprises in their fantastic roving potty.

[applause]

Thank you, Aaron. Thank you, mayor. All right, we will now have uh privilege of the floor. This is the part of the meeting where anyone in attendance tonight who wishes to address the council may do so for three minutes. If there is a public hearing on the agenda for the topic you are concerned with, please wait until that public hearing opens to address the council. If they choose, staff, mayor, and council will respond to your comments during the appointed times later in the meeting. Repetitive, disruptive, and disparaging comments will not be tolerated. If you're found out of order, your privileges can and will be revoked. Does anyone wish to address the council at this time? All right, seeing none, we'll move on to staff reports. I win.

I th some berry. All right. [laughter]

Um, okay. really quick. Uh we're closing down on the end of the calendar year, which in revenue and finance means that our businesses have to get rellicensed for uh next year's uh busy season. So that starts in January. Um Revenue is working on they've got huge stacks of uh renewal notices in the office right now that are waiting to be sent out in the mail. This should go out um after Christmas but before the New Year's so that everybody should be getting those the first week of January. And um all of our business owners again can come in uh starting on January 2nd and they can renew those business licenses. They can do it in person through the mail. Um they will also be able to do that online and um as long as everything is in by February 15th, they are on time. um anything after and that's postmarked. So if they do it through the mail, as long as it is postmarked by February 15th, doesn't matter when we receive it, we'll we'll count that as being in on time. Um and then after the 15th, there will be uh fees um assessed after that, but up through February 15th um regular renewal. Um they should be good to go. But yeah, they can look for those in the mail then starting right around the first of the year. So

thank you. Y Mr. Mott.

Yes, sir. I've got a blight um quarterly update for you that we were doing during staff reports, but um I did get a comment back to go back to the garbage schedule. So, make sure we're very clear about what the customers are going to need to do um for ne for the week of Christmas. So, [clears throat] I was going to read that out and this is what will go out to the public. If your garbage is on Monday, we will pick it up on Monday. Now, you're talking about your can on the street. If your garbage is on Monday, we'll pick it up on Monday. If your garbage is on Tuesday, we will pick it up on Tuesday. If your garbage, if you have handicap, which is a Wednesday route, Thursday or Friday, we will pick that up on Wednesday. So, we will pick up on Wednesday, handicap. And if your routes typically on Thursday or Friday, we'll pick that up on Wednesday. Then we'll resume services back on Monday morning like normal. This is the exact same schedule that we do for Thanksgiving. So, we'll get that out. But, I just want to make sure we're very clear about what that is. bulk. We will we will run as hard as we can on bulk and keep up as good as we can on bulk. Um that's all I can tell you on bulk. That'd be grinding and county bulk garbage.

Are we caught up on all of that right now? Yes, we are. We are caught up. Um as of Friday, we were caught up and we're still on schedule. Okay. Putting those new trucks to to good use. beer. Man, I'm telling you what, I you know, I don't don't normally get real excited about a garbage truck, but I'm telling you, I'm very very appreciative. The two knuckle booms that are out there have made a huge difference. Um, and I think Shannon will um will uh back me up on that. Good.

I wanted to take a minute to give you a um a quarterly update on our blight elimination program. This is our Q4 um update. Uh this is a graph that we've we've showed you before. Can y'all see that on your screen? Um so this is a graph that we've done before kind of keeping up. So we kind of pulse where the city's going as far as the new dwellings that we get permitted within the city. And you can see the green was 23, the blue is 24 and the red or the magenta color is 25. So you can see as of this year, and this was as of a couple days, we're at 215 dwellings for the city uh for this time this year. So that's nearly double of what we saw last year. So we're having a record year in this city for new homes. That's that's dwellings. Um I did talk to Thomas back there beforehand. He wanted me to change it to 218. We're very proud. We're trying to get that number. We'd love to see if we can make that to 250 by the end of the year, but I wasn't going to take a chance of messing up the PowerPoint to make it 218. So it shows 215. Along that though is when we get new growth, we have the blight elimination program. And so the objective of the blight elimination program is a couple of things, but it's it's of course eliminate blight, but it's to ensure structural stability, integrity of our residential, commercial, industrial subdivisions and and to create a good healthy relationship with the public, especially if you have one of these facilities that is next door, across the street from your home. It becomes very personal to you. So we adopted a code and ordinance back in 24 that declares that all dangerous buildings are public nuisance and requires abatement of those buildings. And the intent of that was to create a safer and aesthetically pleasing community um for the city of Enterprise through getting rid of dangerous buildings. Where we are as of now we um I broke this down for you. Nuisance structures mitigated by private owners. So we do have some structures that we send letters. We've worked with them and the private owners have um mitigated those

on their own. So as of this year that's in the white. So remodels we've done 18 demolition we've done four and then over the next no change. No change means from last quarter that we had quarter three there's no change in those two numbers. For the city demo initiative that's what the city's taking on outside of the CDBG. We've added 29 new um addresses there. So the total addresses there are by properties 59 and by units 84. I'll remind you in some of those buildings we have quadplexes and such. So we have multiple residences in one actual structure. Um we've also got a CDBG program. So we've got two phases that are are done. Uh both of those are basically 19 nine properties 19 properties in total from phase one and two. So we've got roughly 30 units there. Uh no change in those two because those were bid out and they were um being completed. You'll see some pictures of that in a minute and talking to Mr. Ewing. Um they're working on a phase three and that is developing now for a phase three for our CDBG program. So total properties as of right now 100 properties. So we're up 29 from last quarter. So we're clipping about 29 a quarter, 25 a quarter. A little bit more than than what we have in the past in the three quarters prior, but we're tracking right at 100. That was our goal originally was to break a 100 and we're on track to do that. Uh I want to give you a little bit of update on the CDBG process phase one. We thought it would be nice kind of if you could see before and after. So this was 100 Dixie Drive apartments 29 through 36 on the left. You can see that was before and as of the right um that is what it is now currently if you go out there. So all the all the slab all the structure is down. All the underground utilities have been removed and the water lines and sewer lines have been capped. 105 Lowry Street you can see on the left and then where it stands today after the demolition process. So that building as

you can see was um a fire and uh it looked pretty rough. Um the right is where it stands today. 107 Smith Drive. Um same thing before and after left and right. Thought it was nice to be able to see these as they sit today. 143 South Carol Street. Um, as you can see on the left, the the roof structure is falling in and on the right that's been cleaned up. Um, and and we tried when we leave these properties, we try to leave them that you can cut them with a rod and mower. So, they are they're seated and grassed and, uh, and hay bale basically thrown down to keep erosion down. 125 Pleasure Street, apartments A and B, left and right. uh 212 Pleasure Street. Um that that building um of course you can't see it from the road, but it was in bad shape before and that's what it was as of after. I think they got a little bit more work there to get that finished up. 405 Douster Street. The building looks really good on the left, but there's a fire in the back side of that building that you cannot see from that photograph. Uh and on the left, that's where it sits today. Uh 435 Glover Avenue. Same thing, 111 Holly Hill Road. And I'll be glad to slow down if you want me to, but that's a quick rundown of the CDBG properties. I thought you'd be interested to see what they look like before and after. So on top of the CDBG projects that we've got going and we got a grant from ADCA to do that work, and that's a first come, first- serve type grant. Um, we also have the city demo initiative phase one. So, we have phase one and two, as you know, we bid those things out. We didn't get biders on those. Um, we're currently going back out for bid now. Um, and we will have that back on your January 20th council meeting for bids to be received by the council and to move forward with bids on

that. So, we've got um a couple of notes there. Excludes 100 Dixie Drive, apartments 49 through 52. That's an appeal. And on the second one in phase two, we've got um we've got asbestous testing that has not occurred on one of those and we have extensions for orders for demo that'll be requested um at a later date for the January meeting for you to do that. We can't uh ask for a extension until the time has extended beyond that timeline. Phase three uh was approved for demolition and we're working on asbestous testing. We'll get that done here promptly in the next week or so. Um and once the appeal time they the property owners have time to appeal um our decision. After that appeal time runs, then we'll move phase three into bid as well. Uh we're currently working on a phase four. We've identified 29 properties uh that might be um considered dilapidated and to be brought to you for your consideration in phase four. Um, this is a project that that the engineering department feels very happy about and it's one that when you see about blight and blight elimination, a lot of people consider that that is a demo like tear it down to the ground and rebuild it. Uh, this is a building that was on Rucker Boulevard that uh was in very poor condition. Um, you can see the pictures before it was um it was a mess. Um but as of today they actually instead of tearing the building down uh we've been working with them engineering parts working with them and as you can see they are actually rebuilding that and creating that as be a new restaurant on Rucker Boulevard. So that's one that putting a little pressure on them to do something. They stepped up and they are doing the right thing. And so instead of tearing that one down they're actually remodeling it and um bringing that back up so we'll have a new restaurant on Rucker Boulevard. We were proud to to get that one across the finish line when that happens. so that if you um if you have any

questions, I'll be glad to answer them. That's a quick update for the quarterly goals and then as we meet on January for setting goals for next year, we'll we'll accomplish whatever goals that we that we can to meet your objectives. Does anyone have any questions?

Thank you very much. We appreciate all the hard work cleaning up the city. Any other staff reports tonight? All right. Then we will move into uh public hearing or old business. A public hearing and consideration of ordinance 111825. uh call for a public hearing prior to consideration of ordinance 111825 providing for the reszoning of 2.35 acres of land owned by JLW Creative Solutions LLC from R2 mediumdensity single family residential district to PRD Plan Residential District located on Bakey Lane at Windham Drive. Uh this is a public hearing during a regular council meeting of the Enterprise City Council and we are here to conduct business in an orderly manner and we expect the attendees to respect the proceedings. One person will speak at a time. Please give the person who is speaking the same courtesy you expect when it's your time to speak. Outburst from the audience will not be tolerated. After you're recognized by me to speak, please come forward and speak directly into the microphone. Please make sure all comments are directed at the council as we will be the ones making the decision. Under no circumstances should comments be directed to anyone other than the council. Please attempt to refine refrain from repeating the same points that have previously been made so as to keep the proceedings as efficient as possible. After the hearing is closed and council deliberations begin, there'll be no more comments from the audience. This hearing is now open. And uh are the applicants here to present the project?

All right. If you'll come forward.

You'll state your name, please. Yeah. Justin Walker. Okay. Uh as previously discussed, we went from doing single family mixed with town homes on the northeast corner of this property. We listened to the objections from the neighbors around that area about the town homes, went and pulled back, talked to Mr. Hardy and his team and went with the PRD to put just single family homes and meet the city's standards of what they wanted to see in that area as far as lot size and home size. Okay.

Thank you very much. All right, staff, do you have anything to um council? Uh as uh previously stated, this is a PRD, which is a planned residential development. Uh basically, the reason for the PRD was the R3 zoning that was previously approved uh in the other section of this neighborhood as what they were uh aiming that was their intention for the rest of it. uh but because of the lot size requirement which was uh 6,000 square feet they were not able to make that uh make that area work within that. So they came with the PRD that way they could meet the lot width of the R3 and every other parameter except for that 6,000 square foot um uh limit or that 6,000 square foot requirement. uh it brings it down to about 5,000 square feet. It just makes the lots a bit smaller, but they'll still be able to build the same size house on it, things of that nature. They'll just have a little bit less of a yard.

Okay. And um what are the recommendations of the staff and planning commission on this? Recommendation of the staff is to approve and the planning commission recommended it unanimously to approve. Okay. Thank you very much.

Yes, sir. Are there any members of the general public that would like to voice their support or opposition to this project? All right, seeing [snorts] none, does the applicant wish to speak again or All right, we'll close this uh public hearing and move to council consideration of this ordinance. Uh council, do you have any comments, questions? I I appreciate the fact that the developer listened to the uh surrounding neighbors and took that in consideration. So uh while I was not on the council when you know the first redevelopment happened or the pladding happened, I was here in attendance. So I do have a great deal of appreciation for those considerations.

Yeah. And I'm on the planning commission and the same comments were mentioned by all the folks on that. I just want to say I'm happy to see developments inside the circle where city services already exist. No additional city services need to be extended. Fire, police, we already have great coverage there. So, I'm very thankful for developers investing inside the circle. I'll just have to ditto what was just said on all of that. U so it sounds like it's probably time to vote on this. Do I have a motion to adopt ordinance 111825? I move to adopt ordinance 111825. Second. All right. All in favor say I. I.

All oppose. All oppose. Same sign. Motion carries. Congratulations, sir. All right. Uh we'll now call for a public hearing on the matter of revoking or refusing to renew a business license for Enterprise Metals and Recycling located at 930 Bellwood Road. Uh same rules apply as I said earlier for the previous public hearing. This public hearing is now open and um I will allow our city attorney to make our presentation.

Good evening, council. I just want to give you a little bit of background information before we get into the meat of the hearing itself um and just explain this. I know this is a new process for us and just go through a little bit of the process that we're going to be filing with this particular public hearing and any other public hearings that we're going to be bringing in for you with regards to renewal of business licensing or revoking other business licenses. So in November of 2024, council revised and adopted the procedure for revocation of suspension of license which is section 7153 of the city of Enterprise Code. I believe a copy of the code was provided to you tonight. Um, and so that's what we're going to be following. And tonight we're actually going to be looking at A4. And then the procedure we're going to be following is um section C, which we've already started. You set a time for the hearing. Um, we gave 10 days notice. And at this hearing, you're going to be the municipal body that's going to hear all the evidence offered by any party and all evidence that may be presented bearing upon the question of revocation or the refusal of renewal as the case may be. Um the format that we're going to we would like to follow is that you give the city the opportunity to speak first. Then we're going to hear from the business owner, then the general public, and then we're going to reserve some time for rebuttal for the city at the end if that works for everyone, just like what we do when we um do dangerous buildings as well. Um also, each of you have received an evidentiary packet. Um and it's the brown folder that the city staff has prepared for you that should be sitting in front of you. Each of the packets have information regarding notice and service of this proceeding so that you can be certain that we have followed the 10day guideline or 10day rule that's in our ordinance. Um a copy of the 2025 business license of um Enterprise Metals and then a change of a business a form of the business that he filed in 2019. Also an application for special exception for conditional use by

the business owner to the board of adjustments that was done in 2019. a copy of the board of adjustment meeting minutes from May 8th, 2019, which is where um there was an allow for conditional use of this property with the three contingencies that we're going to be discussing later. A copy of a May 9, 2019 correspondence from the board of adjustment that talks about the contingencies. There's also um letters of public opinion that have been received in that file as well. And all of copies of these documents, not only were they given to you, but they've been on file with the city clerk as well, along with the audio recording of the May 8th, 2019 board of adjustment meeting. So these documents, in addition, you guys don't actually have the recording, but they are on file with the city clerk as well. Um, we're requesting that these documents be taken into consideration as evidence with this public hearing. At this time, the business owner is here and I'm just asking right now if you will identify your name, the name of your business and the address just so that it can be made clear for the record and then the city will make the presentation then you will be allowed to speak as well.

I got a question before I I do that. [clears throat] Uh would I be able to make a motion um before the city uh does its presentation based on what has occurred um on October 2nd, sorry, December 2nd when I was present. So I'd like to make a motion for the council to consider before we go into the discussion and evidence from the city again based on the past practice of the city. So would I be able to make that motion before only council can make motions at a city council meeting but you'll be allowed to make a presentation. Okay. All right. Edin Roberts Enterprise Metals and Recycling Enterprise Metals and Recycling Incorporated.

Okay. So, at this time, I'm asking Barry Mont to come forward and join me as he's prepared a presentation about this for you tonight. Thank you, Ashley. [clears throat] I thought I'd start off with a little bit of background. Um, how we got here. Um, April 8, 2019, the engineering department received an application from Mr. Roberts that he wanted to operate a salvage and recycle yard located at 9:30 Bellwood Road here in Enterprise. Uh, on the application, it was described that the property will be enclosed to prevent public view. Um, I took the liberty of actually scanning in the actual application that we received by the engineering department. Um, and in circle the red circles there are are mine marks on that document. But just to point out that that was received in in April 8th, 2019 by Mr. Roberts himself and in his own writing property will be enclosed to prevent public view. [clears throat] Also with the application because it's a requirement of the city. If you do not own the property, you have to have the permission of the property owner or the property owner has to make application for anything that would go before the board of adjustment or planning commission. So with this document was a u basically a a document signed by um Mr. Fleming that says that he is giving uh Mr. Roberts permission to ask for a conditional use. I'll tell you more

about what that means to be a conditional use here in a minute, but this was received as part of the application process. On May the 8th, we had a board of adjustments meeting and in in essence what was happening was Jared Alexander, which was city staff at this time, stated that the property was currently zone PBD, which is planned business district, and because of the zoning, it prohibited a salvage yard to operate in that current zone. The request for a conditional use would be contingent upon reszoning of the property from PBD to B1. So, it was recommended that the property owner go through a reszone to reszone it from PBD to B1 general business district. And part of the requirements in the table is as a B1 zone, a salvage yard was permissible as a conditional use of that property and is handled on a case-byase basis. So they would have to come after a after it is reszoned and they were doing this simultaneously assuming it says zoned B1 it has to go to the board of adjustments for the board of adjustments to give a conditional use for that property to be used for a salvage yard. From the official minutes of that meeting Mr. Robert stated that he currently runs a salvage yard located at 901 Geneva Highway and has become a victim of his success. The current yard is overflowing due to the lack of space at that location. And he would like to start with and and the whole intent was to move the location from the Geneva Highway location 901 Geneva Highway to the new location at 9:30 Bellwood Road.

He said that he would start with erecting a 12- foot um slatted chainlink fence around the property. If you see quotes around any of this, this came directly from the minutes of the board of adjustment meeting and I quoted it directly from the minutes. Also from the meeting minutes, Mr. Robert stated that he will have a more state-of-the-art building and he'll invest in in state-of-the-art security systems and make the area better looking than its current state by increasing fence height to keep the salvage yard from public view. The minutes go on to say Mr. Goulsby, Councilman Mr. Goulby [clears throat] had a number of phone calls from the public stating that they did not want the salvage yard in their area. It's moving one eyesore to another location. The public is not happy and they do not want that in their neighborhood. [clears throat] Mr. Fox Fleming and his family are working with Mr. Roberts and Mr. Fleming felt that the salvage yard will help to fix help with fixing up the location. Mr. Robert stated that stated the size of the new property will allow him to make operations much better and there will be no reason for the public to use the roadway for discarding purposes. Mr. Robert stated that he would have a drive-in access and there would be a 12-oot high slatted chainlink fence to avoid the public from seeing in and prevent breakins. At the end of that session, it was noted in the minutes that a motion was made, seconded, and approved to grant the conditional use contingent upon the following terms. And those three terms there are cited. one that a 12- foot

fence is erected with security cameras and lights. Number two, the business is conducted inside the fenced area. And number three, the planning commission approved the reszone of 930 Bellwood Road to to B1 business district. So, understanding that the planning commission had a role in this to handle the reszone or make a recommendation to reszone, ultimately this body, the city council would is the only authority that could reszone a property. So you have the board of adjustments, the planning commission and council ultimately as part of this conditional use. According to the board of adjustments, the finding letter was sent and it said, "Your request for conditional use to operate a salvage yard is granted contingent upon the following terms. A 12-oot fence is erected around the property with security lights and cameras. business will not be operated outside the fence in yard and that the planning commission approved the reszone at 9:30 Bellwood Road B1 general business district. Moving on to the planning commission. The planning commission met on June 25th, 2019 in a request to reszone 3.39 acres from PBD Planned Business District to B1 general business district located at 930 Bellwood Road. part of the planning commission official minutes. And again, if you see quotes there, it came directly from the minutes itself. Mr. Roberts asked if there would be a privacy fence put up. I'm sorry. Mr. Vickers asked if there would be a privacy fence put up. Mr. Roberts confirmed that there would be a privacy screen around the perimeter of the property. Mr. Roberts a added they would [clears throat] be putting up a 12-oot privacy fence. Mr. Vis Vickers asked to clarify the fence and Mr. Roberts confirmed it will be placed around the whole property

since 2021. And I and I'm just speaking on my behalf. Um that's when I came to work with the city in in my direction as your city engineer and public works director. I've had at least a dozen if not two dozen complaints personally about this property. Um, just wanted I didn't take the time to note them down here. You have some of the more recent ones that are in your packet that are there. Um, we have sent out code enforcement. We've sent out engineering staff. We have photographs back to October 24. I'm going to show you some of that in a minute. Um, but just multiple complaints about concerning those three items that are there, particularly the 12-oot fence doing work in the rightway and the fact that you can see the operations of the recycling center from the outside of the property. I went through Google Earth and did an aerial history of of what's there. And [clears throat] you see you got Bellwood Road running north to south, Bowen Drive running east to west on the southern part of the property, and Sims Road or Sims Street to the north running east to west. I took a the parcel that was put into the application is 930 Bellwood Road. And 9:30 Bellwood Road, there's actually two parcels here. 9:30 Bellwood Road is this parcel right here, but there's a second parcel that was included in the discussion with Mr. Fleming's letter that talked about this property here. Um the engineering staff considered this at the time to be 930 Bellwood Road, this part, but because they were there, I circled the whole encompass both parcels with red so you can see what happened as the project developed. So, this is January 2019 prior to coming to the board of adjustments and asking for the conditional use to in to include a salvage yard there on the property. If you look in the bottom right, the

dates I I put the dates down. So, the first one was in 2019, January of 2021. You can see that the salvage [clears throat] yard started to move into the property um and are within the boundaries of that first parcel that I talked about, mainly off of Bellwood Road. Moving forward, April of 2022, you can see that it becomes a lot more populated with salvage material on the site, but it's still within that one parcel. I want to point out to you, and I know you can't see it from the drawing, and I can't zoom in for where I'm at, but there is work being done on the outside the fence on Bellwood Road. There are some vehicles and stuff there. I'll show you a better zoom in of that in a minute. November of 2023, you'll see that it is expanded onto that second parcel as well, um to the west of 9:30. Um but it's expanded onto that piece of parcel. And I will note that that red line there are property lines as depicted by the county GIS system. Those are not surveyed lines. I can't tell you specifically that that is the property lines, but based upon the county's tax maps and the the the property line data that is available in our office, it appears that it is stretched on beyond his property. That was um the second parcel there. There's also work being done outside of the red line on Bellwood Road, and I'll show you in more detail that in a minute, but this is November of 2023, July 2024. You can see even more material there, especially on the second parcel that's there, but um it is continued to grow. Uh, and there's a good bit of material along Bellwood Road. Because the aerial view and I had to zoom out so much to see it, I decided to jump on street view to kind of show you because you can jump into those some of

the specific dates and see what was going on in Street View during that time. So, standing at Bellwood Road and Bowen Drive. [clears throat] So, this is looking north on Bellwood Road, August of 2019. This is prior to the um conditional use before they moved in. That's what the property looked like. Moving forward, September of 22, there's a fence put up on the front along Bellwood Road and Bowen Drive. You can see over the fence that's there. The fence is approximately 12 feet tall. Um, in my estimation, the material that was there, based upon my observation of being there, that I think the material is is well in excess of 12 feet, probably 15 to 20 foot in some areas. There is a new code that's there that that the city has adopted in the last couple years that said that the material there should be six foot or less, but I'm focusing truly on the conditional use permit, which was that he was required to put up a 12-oot fence. you could not see the operations over the 12-oot fence into the property and that he no work was being done out should be done outside of the fence boundary. You will see right there going [clears throat] up Bellwood Road on the left, there's a good bit of material. I'll have a better picture of that in a minute. Move forward to February 2024. Um the fence is there. You still can see a little bit of the material above the fence line, but notice the the 18-wheeler trucks along Bellwood Road um operating outside of the fenced end boundary of the property. October 2025, [clears throat] same thing. I think you can see the part. You see some of the material over the green fence over the 12ft fence and you see that there is a basically a flatbed truck with trailer 18-wheeler with tractor trailer and other materials and another trailer up there along Bellwood Road.

Other pictures that I was able to pull in just to show you. Um this is along Bowen Drive which is that southern road that runs east to west. This is the one of the access points to the property. Um, as you can see, there is no 12-oot fence or privacy fence there. And you can see the operations of the facility through that opening in the gate. That was September 22, February 24. Same same spot looking in. Uh, you can still see the operations inside the facility and it say seems to be a skid steer park outside the gate there. um whether that's operating or not, but there is material and equipment sitting outside the fence. September of 2022, this is the same gate looking down Bowen Drive. You can see that that vehicle was there. There's also an 18-wheeler that's sitting there, or at least an open tractor or trailer um sitting there. It appears to have a tractor in front of it, but um sitting there along September 22. Notice in February 24, almost two years later, the same tractor trailer is still sitting on Bowen Drive, which is a city street. And there's also the skid steer and the other stuff that you can see from the previous picture. It's just a different view down Bowen Drive looking to the west. Wallace Drive um comes into the property building in an east west direction from the east end of the property. And this is a from um Google Earth Street view of some of the material that's left outside the fence in September of 2022 that appears to be appliances and other materials outside of the property outside the fence in the rightway of of Bellwood uh Road. February 24. Uh, same picture, but there seems to be an 18-wheeler there and some

other material there as well. Point being, this is not a one-time deal. If you go back, the more photographs you can find and look, this is an ongoing problem. I did review when I say staff pictures, these are pictures that um either I took or one of my direct reports took. This is November of 25, which is approximately a month ago. Uh these were vehicles that were in the rideway along Bowen Drive. You can see a truck with a flatbed trailer and another 18-wheeler sitting there uh parked on the rideway outside of the fence. A zoom in of the tag on the flatbed truck that you saw on the first picture. You can see that the tag is actually expired. We took that picture in November and it is expired. um whether it's an 0325 or 0825. I'd have to get my glasses on to see that. But uh either way, it is expired. That is that same gate that we saw before on Bowen Drive in the condition that we witnessed it in November 25. Uh no privacy fence. Work is being done outside the fence. When I say work being done outside the fence, I zoomed in on the lefthand side. Uh that is a bunch of metal material that is coiled up on the lefth hand side and you can see a wrecked or crashed vehicle that is parked just beyond it. That red vehicle um right dead center of the frame. Also in November 25 when I pulled out of Bow and onto Bellwood Road and look to the north. Um it was very difficult to look out on Bellwood Road is um in my opinion very unsafe condition based upon the speed limit that we have and the timing that you have to respond to vehicles traveling southbound on Bellwood Road. Uh you don't have adequate room to to witness whether or not you've got somebody coming at you or not. To give you a better view, that's what it looks like if you zoomed in on that. You just cannot see what's coming at you until it passes that green collection trailer there. And that is all all in the rightway. I will point out to you that that fence line that

goes along Bellwood Road appears to be the property line. So the fence is put on the property line. Everything outside of that green fence is in the rightway of Bellwood Road. Same date, November 25. Um, this is along one of the main entrances off of Bellwood Road. You can see that there is no privacy fence there. You can see into the property. You can see operations going on. And in some areas, uh, I would argue that there is not even a security fence. Um, you could crawl over or walk right into the property. Looking down um, Wallace Drive, this is the same picture. This is a photograph that I took um, from my vehicle. uh you can't see the scrap material over the top of the 12-oot fence and you can't see operations going on over there. And that was a conditional use there that you would not be able to see the operation of the scrap facility uh inside that 12-oot privacy fence. Looking dead ahead on the road. Same thing. That's another access point into the property. got out of the truck and actually walked around because one of the requirements and what was said by Mr. Roberts is that he would enclose the entire property with privacy fence. Um I got out and walked around in a couple different areas and while there is fencing along portions of Bellwood and Bowen Drive um behind some of the other facilities there there are no fence. Uh you can walk directly up and walk right onto the property. This is kind of a panoramic. It looks a little funny, but I wanted to show that there is in a section there for a long, long ways. You can walk right into the property. And in some situations, I walked up and put my hands directly on some of the scrap material. There was nothing to prevent me from walking up and touching the material and the scrap

that's there into the yard. Uh there is no fence specifically, no privacy fence. Um and that's on multiple boundaries there. There's many, many parts of the property that I could have done that on. Another photo of the same and another piece of the parcel that that you could walk up to and that's metal in the bottom frame there. That's actually looks like welded wire, something they would put in concrete or some kind of scrap metal. So, I want to give you just a quick idea what I have and I have I'll answer any questions you've got or I'll turn it back over to the city attorney. I do have one question. What is the current zoning of this property? That is B1. [clears throat]

Okay. Uh before we turn the hearing over to the business owner, I do have a I want to take just a little bit of testimony from Mr. Mott for the record. Would you please tell us your title at the city of Enterprise? Sure. Currently, I'm the city engineer and public works director for the city. Is part of your job to make substantive findings on behalf of the city to determine whether or not a business owner is in compliance with city ordinances and any conditional uses allowed? Yes, I am. I'm also the building official for the city as well. Is it your opinion that this business is in violation of the contingencies required by the board of adjustments in order to grant the conditional use permit to this business? Yes. Do you believe these findings are still true and correct today? Yes. Is it your opinion that this business rises to the level of a public nuisance?

Yes. Is it your opinion that the business license of Enterprise Metal should be revoked on the basis that it is a public nuisance to the city of Enterprise? Yes, it is. Are there any further questions from you council? Not at this time. Thank you. We'd like to turn it over to the business owner at this time.

Good afternoon, Mr. Chairman and council members. Mr. Mayor, um [clears throat] several things. Uh one, um Mr. must say that he took over as city engineer on the 21st. Uh we need to go back a little bit. Um as he stated in his in his testimony before you all um there was supposed to be a 12 ft slated chain link fence around the property. Um, [clears throat] Miss Stacy, which was the engineer at that time, um, made a request to me that I put up that metal fence that you see there, that uh, galvanized fence, which is that 12 ft fence, and she gave me the perimeters because the woods were behind. This uh, fence was going to cost an additional $40,000 outside of what the slated fence was going to be. We had that fence up. She looked at it. metals was still being able to see through the uh fence. So she and the um Mr. Tyler who was the enforcer at that time came to us made a request that we put up the fence as you see [clears throat] along that line where individuals cannot see in from the road. Um again the discussion that we had with you the zoning board was not if you want a hill looking down that you can see in. That's the first thing. Um Mr. Muds also stated a while ago for the record that uh the condition is still the same. That's an untruthful statement. I received a letter from the city council or sorry from um city manager asking that we get in compliance, get the fence, get the gates outside of what uh was requested by Miss Stacy. That has been done. Matter of fact, we lack a small section of the gate. And I have

pictures um that the city council can see of uh what work has been done to where we have gates erected where Mr. Mutz just displayed um showing no gates, no fence, what have you. That has all been corrected and I have pictures that I can verify. Uh in terms of the security lights and cameras, those are in uh place. A matter of fact, um when officer can't remember his name now, came down, I had him to walk into the building where he saw the cameras uh operating. I have pictures of the lights around the property. They are low um beam lights. When somebody comes onto the property, the lights go brighter that the camera can clearly see uh individuals. So we do have those things um on the property. [clears throat] Furthermore um in terms of the material outside the fence which we have complained to the city several times. We have filed reports those are materials that individuals drop outside which is outside of our control. Illegal dumping is not within our control. We have signs posted saying no dumping um outside. As you can see in one of his pictures, there's a forklift out there. If we come and we see in uh material out there, we try to clean up as soon as possible because again, we don't conduct business outside. The city the city told me through uh your police officers to pack that 18-wheeler on the side street, which I did. Mr. Mutz and three other individuals came um I want to say on November between November 13th and 15th there about requested that all those 18 wheelers move be moved those things have not been there since and if the the individuals in the city be honest they will tell you from the the the day they

came and said well these are violations because we didn't know we we consider business in terms of the scrap business not parking on our property when they came in form that very day those vehicles have been moved and they have not been back there since all 18 wheelers. [clears throat] He gave me time. He said we know that you have to make some arrangements for parking because where the the the fence is indented in the property. We use that was for the atm parking. Now we let our employees park there. So there's nothing in the rightway. The green bin that he showed we have told the city multiple times that bin does not belong to us. Mr. must inform someone. Well, our sign is on it cuz we were trying to prevent folks from dumping, we have gotten rid of it. Anything that the city came and told us was out of status. We promptly made adjustments. When we did the resoning and when we did the conditional use, we were under the impression that the entire property, the 3.39 acres was conditional use for uh recycling. Mr. Mutz and his team came on the 13th and told us it is not. We have since sold that property and the business the sorry the new owners are already in the process of moving that material off of that premises. They told us that 9:30 just uh encompassed the concrete section and that's where we have started just doing business. Every um fence have been rectified. The gates have been put up. A matter of fact, um, officer just can't remember his name right now. Officer Sweeney passed by today and saw us putting up the last set of gates to block which we put up 12 ft gates for this purpose. Anything that the city told us to do, we have in relations to that um, other property that he mentioned a while ago. Mr. [clears throat] Thomas came last year and he told us, he said, "You know what?

You need to put a fence into this hole." the very week we erected a fence into the section that he told us because again we were going based on what the then engineer Mr. Stacy and then code enforcer Mr. Tyler inform us to do so that's what we were operating once Mr. months came with the new information. We have diligently went out and correct those things. He told us that um we have the 15th which is one of the motions I wanted to make this evening that the council say we couldn't make which we were saying just like you give the other property that will nuisance on the second 60 days. give us 60 days so we can get in compliance to this new thing that he have brought up because again just as the council knows certain folks come before the um council they come before the board the engineer makes um certain recommendations and varants and that's what we followed the slat was going to cost us less than $6,000 to do the chain link slats when miss uh Stacy and Mr. Tyler came uh in January and requested that we can put up this metal fence so individuals can't walk along the road and see him. That's exactly what we did. We jumped out, put up that metal fence. As I say, it cost us $40,000 more than the initial fence because all along what we have tried to do is be a good partner with the city. if something was stol pointed out on um on uh Bellwood Road. One of your officers came and said, "A neighbor complained, moved the trucks, that's why it was parked on Bellwood." As we informed Mr. Mutz when he came that day, the reason [clears throat] why that truck was there, the transmission went out. Mr. Sweeney said, "Well, you know what? The code says 72 hours you have to move it." That very day, every single vehicle was moved from in front of the property. Mr. Sweeney can verify that if you pass by there, all those

pictures that Mr. Mut uh just showed, none of that is the reality of what the property is. We have complied with every request that they have made. As a business owner, as a partner with the city, we go out and try to make the city better. Right. One of the things that you're going to notice and we have letters as well as a business the trucks that were there they were not even in our name is because we found individuals who were in employed in city sat express interest free loan to start a business so that they can become productive individuals who passed away within the city and cannot afford burial our business have done that to make sure that they have the last rights We have been a partner with the city of Enterprise even though we try to stay low-key in the same community in the directions that Mr. Mutz came from. They're individuals who are widows where we those apartments rent for sorry houses rent for $1,800 but we are subsidizing where individuals are living over there paying $300 a month to our company because again as a veteran my thing is how do we help the community of Enterprise? When I moved to Enterprise, I was in business before. I've been in business for a very long time. My wife and I decided we're going to move make Enterprise our home. We were not even looking for recycling. We bought the recycling because we saw there was a need to assist individuals in the community. That's what we have done. most of the um the the funds and if you'll permit me from this [clears throat] recycling business go towards nonprofit and I'll just read off a few which we have letters from because that's what we do um with with our business. So for Christian mission um over over 3,000 we have the the

Oasis Worship. We have Celebrate Freedom which is a an organization all these a nonprofit which goes about helping um individuals children get exposed to aviation. We in aviation uh community $10,000 in donation last year as I mentioned a while ago helping individuals with um burial and funeral helping indiv uh the community with food and essentials. This is the first year we were not able to give individuals vouchers to go to Publix where they can get turkey and harm dinner because when Mr. months brought uh to our attention what was the issues we were busy fixing that on the 18th as I uh requested uh to the mayor my mother's 80th birthday but every single year we have been contributing to um to the society as I said subsidizing rent for individuals um assisting folks with gas and other items um as they show up. We have individuals who come to our business on a regular that suffer with cancer and other ailments having to go to dothan and guess what our business no no uh interest no payback subsidize their gas so that they can go to their treatment enterprise recycling is a vital business in the enterprise community as I've said before whenever the engineers or the code enforcers bring something to our attention We go about expedited expeditiously to correct it. Just as media of the councilman, you can drive by and if these individuals are honest, they will tell you they came on between the 13th um and 15th said these trucks are issues. This bin is an issue, they were gone. Every picture that you saw tonight as a council does not represent the state of Enterprise Metals and Recycling. Um sad to say sad to say that we at this stage because as I told them the simplest thing that the engineer

department had to do come and say this is a problem we'll fix it our fence would have been around the entire property hadn't it been the request of your engineer Stacy and your um code enforcer Mr. Tyler, both of which I was going to get to come um again, but because we changed on the last minute on December 1st, because a letter was brought December 1st saying that we couldn't do the meeting on the second, but I have sufficient evidence to show we have been in compliance as a business. Now, with that being said, the very letter that was sent out to us tell us we had until yesterday. Guess what we were doing? We were busy making sure that our business fits in to the vision of the city. Now, are there days that something may go out of whack? Yes. Just like with the city, things will break down. Issues will happen. Mr. Mutz uh mentioned that esavator outside. [clears throat] That excavator was out there because a tree fell over um on boarding drive. Your officer was waiting on someone from your works department to come. We got out there, move the tribe. Again, we are trying to be a partner with the city and to revoke this business license doesn't just do harm to us. It do harm to the individuals who depend on the money that they make from our recycling to sustain paying their light bills, in some cases buying groceries for their children, and in some cases even even keeping their their lights on. I will recommend to you all, let your engineer or whoever come back, make an assessment of the property. Whatever they find to be out of compliance, let us know. Give us 30 to 60 days so we can correct it because our goal is to get the cor the um property in compliance. They came and told us

that second property was not zone for the recycling. Guess what we did? We sold it. There's no need for us. So, we sold the property, sold the scrap on the property. We took a loss on net just to get in compliance with what the city requested. Thank you for your time. Do you have any questions of me? Sorry. Not at this time. Thank you, council. At this time, I would like to recommend that you open the floor to the public.

All right. Are there any members of the public that would like to speak? on the subject tonight. If you would come to the podium and state your name. Good evening. I do have a prepared statement I'll be reading, sir. Good evening. My name is John Miller. I'm retired from the Army and also retired paramedic. I have been taking scrap metal and recyclables to enterprise metal and recycling for a year now as a hobby. I have learned during that time that it is not only a business but also a community service. I have brought in over 40 tons of metal and recyclables in the last roughly 12 months. That is just me and occasionally my son with just my truck and a small trailer. It does not include the many others that bring their materials in as well. If they were not in business, that means we would have to take everything 32 miles away to Dothan. It also means that it will place an environmental burden on the city as the things that are not taken to Dothan will be placed in an already overcrowded landfill here in Enterprise and also it would further drain city employee resources picking up more items. Taking the metals to Dothan may be difficult not only for individuals but also for businesses and it is roughly a two-hour turnaround. That includes weighing in down there um taking the materials off our trucks and trailers, then weighing out and going getting paid for the materials. That's why it's it would be a two-hour turnaround. As a business, the employees have always been professional and friendly and treat everyone with respect that comes into the scrapyard. It is my

hope that Enterprise can continue to be called a city of progress that cares about its environment. And that is all. Thank you for your time.

Thank you. Good evening, gentlemen. Arthur R. Johnson, 112 Brookwood Drive. I'm a Nebraska transplant down here from a small town that does not have this facility. And I can tell you it's a lot junkier there than it is here because they have nowhere to go with it. I'd like you to think about the environmental impact where all of this stuff is going to have to go. If it can't go to this this junkyard, I see a lot of road ditches and a lot of backyards are going to have a lot of stuff like the town I left. I'd like you to think about where and who is going to handle this. It's got to go somewhere and the question is where and what we're going to do about it and I leave that up to you.

Thank you.

Is there anyone else? I'm Monica Cole. I live on 813 South Widow Street and the land that this is on right now originally belonged to my great-grandfather and and it's very close to my heart and I hate looking at it. I drive every time I drive from my home downtown I have to drive up George Wallace Drive and look into it. As of today, the first time that I saw a gate there was on my way up here today. It was put up today. They've known all this time that it needed to be done and they waited until today to put it up. I hate for any business to close. I really do. But I don't think this is the right place for this type of business. A lot of my neighbors wanted to be here tonight and couldn't be because of Christmas activities and out of town. And a lot of us feel this way and and I hate it so much, but this is not the place for this type of business. Thank you. Thank you. Is there anyone else tonight? All right. See council in response to some of the statements that were made. Um Mr. Roberts spoke about Stacy and Tyler from engineering. Um, first off, the city doesn't have any records of those conversations, so we can't verify what was said and what was not said. Uh, Stacy, I believe, left the city around 2022. Tyler left the city before 2021. Um, so unfortunately, we we don't have word from the city on what was said with that regard. However, one thing we do know is that if you looked at the progression of

the pictures that were shown um earlier in the slideshow, what we were dealing with in 2019, 2020, 2020, 2021, 22 is has expanded tremendously into what we are today. So, yes, we still expect that a 12-oot fence should be around the entire perimeter of that. Um there are some questions about um who is going to pick up the litter or uh waste that is there now. As always, the city picks it up and the city has picked it up. Um with regards to there were there were statements made about dumping. Um with regards to that, obviously we're trying to work as code enforcement to what others are dumping. However, the reason they are dumping is because of the salvage yard. Um, so that problem is feeding the dumping. Um, and then with that, we do have some pictures to that were made today uh by um, Corporal Sweeney. Corporal Sweeney, if you'll just come forward for me just a minute.

Okay. We're just asking you to verify first. State your name and your position with the city and verify that for me that these pictures were taken today.

Corporal Sweenith Enterprise Police Department. I'm handling code enforcement have for the last about two months. Uh these are photos. I knew we were going to have this meeting tonight. And as I do with all properties, I would take photos up the day to show what is the state of the property as of today. And I did take these photos today. If you look at this photo, this is heading towards Bellwood Road uh on Bowen Road. And as of right now, there were vehicles that were parked there as of just a couple of days ago. That vehicle that was out there, the red one he had talked about earlier, it has been removed from the side of the property. So, that has been moved. This was from today. This photo here shows the property that we're directly looking at is not his property. That is owned by another individual. But if you look behind that property, you can see an area of white that is I guess what he's saying now is a secondary storage area which he's stating that he sold. But that's you can see clearly from the roadway still that there is stuff there and there is not a fence. But at this time and this is the first I've been made note of that he sold the secondary property. That's just another closeup showing what is behind that. This is the entrance on Balden Road. Uh some other photos show there was a red truck there that was pretty messed up. Uh just a couple of days ago. This is not how it looked. Uh this is from today. The fence that's erected and mostly shut. That that is a new addition that's been within the last week. This is just to the left of that showing the area there. There were some things there that has been mostly cleaned up. And this is to the right is showing what it looks like as of today. This is looking up towards uh Geneva Highway from Balden. That's Bellwood

Road there. There are some vehicles parked there today. My understanding is those are employees vehicles. I have no way to confirm that, but it's not a truck or any a larger vehicle. Uh this is the area if you can see sort of in the center there is a ramp. This is where previously he used uh to load onto trucks. And that area as of today, unless it's been changed from when I took that photo, that's still as it it looked today around lunchtime. This is behind uh Jerry Dell. He used to have a surveying place there. Uh as of a week ago, the upper part of that fence netting was not there. He has placed that there. I was there about a week ago. So that has been added. So, I wanted to have a photo to show that this is directly behind Jerry Dell's property. If you look to the right, you will see there is part of a fence, a 12-oot fence. And to the left, you can see that it has the mesh area, but but directly behind there, there is no fencing. This is once again from the Dell property. This is just showing the corner of that, showing where as far as as of right now, as of today, that's what it looked like. You're looking back towards the circle and it's Bellwood Road. This is a picture I took just from where the new soccer fields are. Just kind of gives you a wide angle of what the property looks like. An overview. Same here. Uh showing what the property looks like as of today. This is the front main entrance of the property. And as of today, this is when the last time I was there, this is what it looked like as far as fencing that was put up. Uh, as of last week, most of that fencing wasn't there. It has been added since uh, last week.

That's all the photos that I took.

Mr. Not at this time. I appreciate um Mr. Sweeney giving those photos from today. As of last week when I went out there to look at it, there there was um some of this was not in place, but there was not complete fencing around the property. Um, I I want to remind you that this is a conditional use by the board of adjustments to give permission for someone to operate this type of business in this type of zoning. Now, it did go to planning commission. Planning commission made a recommendation to change it to B1. It went to city council. City council voted to change that to B1. But it all comes down to the operation of the facility and operation of the business is contingent upon the board of adjustments giving a conditional use for the property in this location to be used for that type of business. Part of that was a 12- foot privacy fence. Even in the photo that you see here, it doesn't say a fence with netting. It doesn't say a slatted fence. It says a privacy fence, a 12-oot privacy fence in which you cannot see the operations of the facility from outside the fence. I'm just going to back up just one photograph from what Mr. Sweeney had up there. You can still see over sections of the fence. There is operations going on and the public can see it outside the fence. You know, minutes are one thing,

but I took the audio file and I came up with a couple of clips that I think you ought to hear directly from the people's mouth of what was said. There's a couple there. And bear with me. I tried to cut this down. I tried to cut up a long video, a long audio file down to things that I thought were pertinent related to the conditional use and what the board of adjustment said when they gave permission for Mr. Roberts to operate a business at this location.

Currently, um I run the recycling on 901 Geneva Highway. Um problem is I've become a victim of my success. Uh if you ever pass by there right now, you'll see that I'm overflowing. I'm operating on presently 1 acre of land. I've been in search for land for a year and a half now because again the amount of material that I'm getting in, it just cannot contain all that property. So the front is in a mess. Normally I have stuff stack up that high. Um [clears throat] upon investigation I found uh 3 and 1/2 acres of land which will be ideal for what I'm doing. Um, so I'm petitioning that I get a conditional approval where I can get the property ready for such by erecting a 12 uh ft fence to prevent individuals from seeing into the property and then where it can be much more beautiful, so to speak. Um, yes, I run a scrapyard, but I also have pride in how I operate my business. Right now, because of the size and the condition of the property I am, it's kind of difficult to do both. So hence the reason I'm asking for that um conditional appro [clears throat] being owner of the property I'm intending to purchase that property from Mr. Fleming, then I could actually have a more state-of-the-art building and property that is more attractive. As I said, increase fence height where the general public would not be able to see in. As for the issue of crime uh increase over here,

you're welcome. My name is Eugene Goulby, city councilman for district 2. The property across the street from this is in my district. Uh I have had calls from constituents in this area who are concerned about the eyesore that's there now. So what we're doing according to them is moving the eyesore from one spot to another. And of course they're not happy with it and they do not want it in their neighborhood. Thank you. Thank you. Will everything be done behind the fence? There will be nothing outside that fence operating.

Great question. That's exactly what we were looking for because of the size of the property being 3 acres, we can have that drive on scale where folks drive in dump. A matter of fact, the we the plan we have is each section will have its own scale. So, nobody will have ever have to be at the road. Um, even to the front of the property, there's parking available. So nobody has no reason to be on the road whatsoever. And what kind of you say a 12T fence. What kind of privacy are you talking about? Slatted

slatted slatted. But it's going to be chain link and then slats over the chain link to prevent viewing from the once once I own the property again it is to bring it up to where it's not an eyesore as the present condition is but also where we fit in to all the um requirements by the city. Okay. A motion.

Madam Chairman, I will make a motion that we approve Mr. Robert's salvage yard to operate recycling yard with the contingencies that he is approved by the planning commission and the contingency that he follows all the planning commission guidelines and that a 12oot privacy fence would be erected with security lighting and that no uh part of the business will be operated at any time outside and this is the last clip that we had. Uh this is at the very end of the minutes. Uh this is what the chairman said.

So that is if if right continue. So at this time sir, you have been approved should you meet those conditions. Those conditions. Understand. Thank you madam chairman members of the board. Thank you

councel. Mr. Tolles has a piece of correspondence. You've been given several pieces of correspondence um supporting this city's position within the evidentiary packet. But Mr. Tolles has um one piece of correspondence that's going to be read in.

Good evening, Mayor and Council members. If you'll look in your your packet, uh President Danny Long with Enterprise State Community College couldn't be here tonight. Um he had planned to come to the last meeting. Uh as did several other uh people who have letters in there, one being Donna Johnson. Um I think Miss Cole spoke earlier. Um and then we have another one here from Miss Sherry Cooper. Um but the one that uh Enterprise State had sent uh I'll just read it. On behalf of Enterprise State Community College, I'd like to express our concern regarding the current location and appearance of the recycling center on Bellwood Road. As you know, the city and ESC have worked together to expand the park located directly across from this site. These improvements had resulted in increased activity with many local families and out of town guests visiting the area for athletic competitions, recreational events, and community gatherings. Because of the prominence of this area, the current condition of the recycling center presents unappealing first impression for those entering the park and surrounding recreational facilities. This does not reflect the positive image we all strive to project for our city or the pride we take in welcoming visitors to Enterprise. In addition to its appearance, visibility when turning or navigating around this area is often obstructed by vehicles and various drop off items in front of the site. This creates a safety concern for those entering and exiting the area, especially with the increased traffic associated with events at the park. We appreciate the city's continued partnership and respectfully ask you consider evaluating alternative sites or improvements to ensure this area aligns with the quality and appearance of our shared community assets. Thank you for your time and attention to this matter. We remain committed to working collaboratively to enhance the experience of those who live and visit Enterprise. Sincerely, Daniel Long, president of Enterprise State Community College.

Um, council, as you have heard, you heard directly from the meeting minute or the audio recording of what was said in the board of adjustments meetings. Everything directly from Mr. Roberts and you heard board of adjustments request. If if if it is the staff's position at this time that those contingencies have not been met. Um and at this time I make a recommendation that you make a motion to close the public hearing. All right. Do I have a motion to close? I'll make a motion to close the hearing. Second.

All right. Any discussion? All in favor of closing the hearing say I. I. I. All oppose. Same sign. All right. The uh hearing is now closed and we'll enter into deliberation. Um I have a couple of questions uh for on the uh conditional the conditional use question here. Yes, sir.

I'm not sure if that's going to be for um you or if that's going to be for Mr. Mott, but the question that I have is on B1 zoning, does that allow a salvage yard without a conditional use? So, you have to have a conditional use no matter what.

Correct. At the time we had the the current zoning and our zoning has changed now, but at the time the conditional use was done, it was a you could not operate a salvage yard at a B1 without having a conditional use variance issued by the board of adjustments. Um, at that time if it had stayed a PRD as it was, it wasn't allowed at all. Okay. So B1 with a conditional is the only way that at that time it was allowed. Do you mind telling us what if what kind of allowance would be what zoning would be for a salvage yard today or would it still require a conditional? I'd have to pull out their new current zoning and review that. Sir, I don't have

that doesn't really affect this, but I just I wanted to know. All right. May I ask a question as well? Yes. So, from the recording and then just from some of the commentary that was made, the original 3.5 acres that is the uh facility highlighted in red, but it's not the wooded area. That's the original intent of the 3.5 acres in discussion here. [clears throat]

The actual 3.3 or 3.5 acres is both parcels. It is the area behind the two individual parcel numbers. If you add those up off the county GIS, they come to approximately 3 and a half acres. Um the application said 930 Bellwood Road. Um but when they went to a reszone, the reszone said for 3.3 or 3.5 acres depending on which you look at that included both of those parcels to have both of them reszone from a PR PB PRD to a B1. I've got two items here that said they were conditional 12-oot fence with security around the entire facility. Business only inside the fenced area. Also have another note that was made, I think, in the PowerPoint about drive-in access to prevent street drops. Was that an item that was contingent or where was that? I just saw it in the PowerPoint. Where did that come out? Uh that was not a a written contingency item and it was not in the motion. The only thing that was in the motion was the 12- foot privacy fence. Could not see the operations from outside the property. No business outside the property and the business owner had to provide lighting and security cameras as part of the safety and security because there was concerns. People did show up to the meeting and voice concerns about theft, about uh crime. And one of those items was to have security lighting and security cameras. That's not a point of contention. I don't think anyone of the staff sees that that being an issue uh for the for the lights and the cameras. Um so I did not include that in the audio clip.

Thank you. Um to follow up on that is um it looked like the pictures from the officer, the compliance officer showed that there were still items outside of a fenced area. Is that correct? on the property.

Um, from your pictures, it looked like in the pictures it showed that there were still items of business being conducted that is located outside of the fenced privacy area. Is that is that what your picture showed? The pictures that I took today as far as the only thing I saw outside of the fenced area were vehicles. I'm not sure if they were employee vehicles or who they belong to. And like I said, as far as the other property that still has stuff on it, he's saying he doesn't own that now. I mean, there was still stuff there. Okay. But as far as the front of the side of the business and behind it, uh, didn't see anything actually being conducted today.

Okay. And then the other question would be the contingency being that the fence would be a privacy fence that would not allow viewing. You were able to view uh through the fence in certain areas today to see business. I was able to. Yes, sir. Okay. Would it be possible to bring those couple of pictures back up that um Councilman Walls is asking about? I think I have those in my mind, but I'd like to see those again. Clarification. Could you just give us just a moment?

Yes, sir. And while they're uh Barry's working on that, um we did some research on your question about present day zoning and it would either be that the location is either M1 or M2. And Barry, do you want to expand on?

Yes. So, under the current zoning, you know, we've changed our zoning since this thing was permitted originally in 2019. There are two categories that would allow a salvage yard to operate in the city limits or in in the zoning, current zoning that we have available to us. one of that being M1 and one of that being M2. So in the table if you scroll down to there is a line for junkyard subject to section 709. You can do M1 or M2. If it's a M1 it's SE which requires board of adjustments approval prior. So um so so per per section it has to go back to the board of adjustments. If it's a M1, M1 has to give approval for the scrap yard to be in an M1 zone. It's very similar to what it was before with a B1. If it's zoned M2, it is permittable uh P uh permitted by right. So, it is permitted in a M2 zone, but currently is zoned uh B1. But based on our our city plan um and um strategic plan that area doesn't fit with M2. I don't believe

that is correct. Okay. So we would have to continue to work under this conting contingency by the board of adjustments. Then

u Mr. Ma another question for you please. Um, in the audio that you played for the minutes, um, it sounded like when they were discussing the fence and the contingency, focusing on this being approved on the contingencies that a particular style fence was mentioned on privacy and it was chain lit chain link with slats to to allow privacy. Some of these pictures show chain link with tarps. Have those been remedied today and are no longer chain link with tarps? So, uh, as of Mr. Sweeny's photographs there, um, there are there are photos that I saw them in here where, um, there are hard wood, I'm sorry, hard metal green, those green fences along, um, Bellwood Road, those are solid metal panels. Um, I'm going see if I can zoom in. Uh, right there at the main gate, that looks like some kind of a uh,

let me just canvas screen. just ask right there the hard panels there does that um if all these other pieces were met would those hard panels suffice for the fence in question? So I I just refer back to what was approved that night which says a 12- foot privacy fence that you cannot see the operations inside the fence. So in my opinion that does not

and we would also like to point out that this has been an ongoing problem. Yes. And Mr. Roberts has cleaned it up and we've asked him to, but we the city can't continue to spend every day going out there multiple times, going out there over and over again to keep asking for corrections of these problems. This has been going on since 2019. You've seen the footage. You've seen the Google images that aren't necessarily ours. But this is a problem that needs to be corrected. We need to have We don't need to be continually spending city resources continually going out there. Is this picture Thank you. Is this picture right here um surrounding the current property that is conducting business?

This is a picture according to Mr. Sweeney that was taken today um looking away from Bellwood Road. Um this is a current picture of one of the fence sections that there are current fences as of or sections of the fence as of this weekend that has no no fence whatsoever. But this is tarping on a but this is tarping over the fence is what it appears to be. Sir,

thank you. Mr. Johnson, do you have any questions? Okay. So, um, Mr. Mott U and I have a question. So, I believe I believe the public hearing request for tonight was to either revoke or not renew. Um, what I guess I would like to ask is if the decision were made to not re renew on that, would that allow the business license to still be in operation until that February 15th date that the city has the business license have to be renewed by? Yes, I I believe you're correct that they would nec they would be able to stay open till February. However, if you choose to revoke tonight, the other option to remember is that he will have the ability to reapply for a business license. And at that point, another inspection will happen to determine if he is in compliance with these requirements.

Well, that's where I was kind of headed. I was trying to say if if if he were to prove that he was in compliance with these, he would be eligible for um to reapply to reapply for business license.

Yes, sir. I know we've actually closed the hearing here, but um I think I would like to to give um um Mr. Roberts just a moment to reply to any thing that he may want to. I know he's he's asked a couple of times and I don't want to uh overlook that. If you would make it brief.

I would make it brief. Thank you for your courtesy, [clears throat] Mr. Chairman. Um, several things. Um, why I wanted to question you, Mr. Sweeney, because again, the engineering department, I'm not sure who the particular individual is, give [clears throat] us that time to get things corrected. If Mr. Sweeney had gone into the first story, I've told you those vehicles are parked there. Actually, some of the members are here in the audience. They were there helping us today to get the [clears throat] property in alignment with um as you saw the the gate went up that they said needed to be changed. If you look in the picture closely, you'll see that the individuals actually uh been down where Mr. Sweeney took that picture because we were there working all day to get the um property in compliance. The other thing I want to make sure that the city um knows when it comes to those green uh netting, those were taken to the board of adjusters back in uh 2019 and demonstrated. So, it's not something that we just came up with on our own. That's what the board of adjusted approved for us to put up as um as the privacy screen around. Right. Again, as I said, Mr. M Stacy and Mr. Um Tyler came back and asked us to put up the metal fence, but that green mesh that you all saw was taken to the board of adjusters meeting so they could see exactly what was going to go up um in around in and around the the premises. Um just two more things and I then I'll take my seat. [clears throat] All right. one um I think we have shown and demonstrated that we are seeking to get the business where it needs to be. Um in 2019 um the business was just getting started in order for the license to be approved uh the chief of um the fire chief Mr. Heron and the code enforcement came and inspected the fence. As I said because

of the request by Miss um Stacy and Mr. Tyler, they came inspected and recommended that the license be granted as is. So, it's not just in a vacuum. I'm saying that um Miss Stacy and Mr. Tyler did this. There was an inspection before the license was granted where they came. A matter of fact, your your code enforcement that day and I have witness to this and recording. He said the fence was too tall cuz at that time there was only an 8 ft requirement in the city limits. We had to bring out the paperwork showing this is what they had required when they thought we were making the fence too short. It had to be 12 feet. So everything that you see has been um demonstrated. I think we have shown from when the city came because it's not a continuous coming as the attorney stated they came out on the the 13th thereabout. I went to Trinidad. As soon as I came back, we started working on bringing it into what Mr. Mutz and his four companions came that day and asked us to do. So if you look in the picture closely, you will see there individuals down there working bringing the fence into compliance from what they told us that was needed. Again, we operated based on good faith that what the engineer department told us. Now we recognize what was said either was not incorrect was sorry incorrect or have led to this the situation. But the minute that they came and brought it to our attention, we have started correcting um the situation with the business. Thank you. On the u the process of business license renewal, I'm familiar to a certain aspect of that having been in business myself. Um, is there if a business license is not revoked,

is there a mechanism of a business license renewal that requires an inspection or are they just automatically renewed?

Hold on just a second. Let me get clarification from our expert on that. My understanding it's it's it could be potentially on a case by case basis depending on the situation in which the license was approved to begin with. So that information would need to be pulled from um the initial application to determine that basis. I I don't think um previously that in the past years when it was renewed, I think it was done basically on paperwork and not necessarily done by an inspection in this particular case.

And the reason I was asking that is I' I've never had a reinspection on on anything myself, but Yes, sir. And there is the business license can allow for a reinspection.

Okay. So, um I'm I'm just going to speak from a business owner perspective. You know, you always uh want to try to do things you want to do them the best you can, but at the same time, you want to do the least amount that you have to. Uh cuz doing extras cost a lot of money. I completely understand that. Um, I guess my concern here tonight is I I try to be extremely fair when we have these kind of decisions to make because I do believe very strongly in private property ownership. I do believe very strongly in uh business ownership and people being able to uh run their business without a lot of government interference. But at the same time I have to balance that with the concept that we make a decision to be part of a city. We make a decision to be part of a community and we are then making a decision to abide by a certain standard that that community has set. There are areas outside of city limits that there are basically no rules that could be set up in a fashion that no one would tell you what to do. we can drive through our county and see plenty of those areas. But within the city limits of Enterprise, we do have some standards we have set. And um I I have driven past this location on multiple occasions and I have been very disturbed with the appearance that I see from the street. I'm not having to get up on the side of a hill. I'm not having to get at any angle. I'm not having to put a drone up in the air. I'm seeing it from the street level as I drive through. Uh, I haven't been by there today, but this is obviously something that's been going on since 2019, and I appreciate the efforts that have been made today. I I I appreciate that. Um, that that's that's great. But at the

same time, um, why did it take us getting to this point to get some of those things done is a question that I do have uh in my mind as I'm thinking and contemplating over this. Um, but as a as a city, as we have standards that we have decided as a community, this is what we said. And I think this council and the previous council have made it very clear that we're very concerned with the way our city looks. Uh, we have been we just had a presentation tonight over a 100 nuisance properties and blighted properties and things that have been addressed. We've had public hearings to where we made very hard decisions to uh condemn for demolition people's property that uh they were not very happy with us when we made those decisions. Um all because we have a major goal to make our city look the best it possibly can and we want to make it uh where our neighbors have their property values are not affected by blighted properties. So these are always extremely hard decisions for me to make. And the reason that I ask some of the questions that I did tonight is from that side of me that wants to heir on allowing people to have personal freedom and business rights and the ability to run a business and have property ownership and to be able to run a business in the way that they best see fit. sort of is colliding with the other side of wanting our city to be the best it can possibly be. So I I wanted specifically if we were to make that decision tonight that we were to just not renew versus revoke because my understanding if we were to revoke we would business would cease immediately. Right. Okay. If we were to not renew, business would cease at time of business

license renewal, which we're looking at what, six weeks out. Is that about January 1st? January 1st. Okay. So, just a couple weeks. All right. So, it's not the February 15th renewal deadline then.

Sir, if I may, I know that this portion is closed. That's actually um the ordinance actually says January 1st is the renewal deadline. Okay. Is the way it's read. So sometimes there's a little bit of leeway given as to when um renewals are accepted. However, the ordinance actually reads January 1st.

Okay. I was just going off of our earlier uh deadline of getting getting them renewed. So that was the only reason I was asking that question. Trying to get clarity in my mind uh because our um Mr. Roberts had asked for a space of time to be able to get some things resolved and I was just I didn't know if there was a way to sort of balance that by utilizing the tools that we have to make this happen the way it needs to happen but yet balance that at some point but we're looking at January 1 is about a week and a half away right okay so whether we revoke tonight or decide to not renew. If we go with either one of those options, it's my understanding that either immediately or in a week and a half that it ceases. Okay. But with that said, if an application was made for a new business license or for renewal of business license and an inspection was done and the contingencies and the uh that were placed back in that original hearing from the board of adjustments were in compliance at that point, then the business license would be reissued or renewed. Is that is that my understanding how that was going to work?

Yes, sir. What it happens is that it would go back he would make the application. It would be reviewed just like it would for any new business. Um for some reason if the city were to find that no, this does not need to be renewed, then he would have the right to come to council and request from directly from you guys that the license be reissued. And that's if it's revoked. Revoked. It's essentially like starting over. Would he have to go back through the process of having additional contingencies made to have that business license?

Uh potentially yes. But can taking into consideration um zoning issues and all all those other things that that issue I'd have to give you a little more research and to give you a specific answer on that. It may have to be reszoned from B1 to the the new zoning for allow it to go. So, if it's if if the business license is not renewed or if it is revoked, we're looking at a reszone of that property to allow it to do business like that again.

I I need more time to review that to give you specific information on that.

Thank you. Mr. President, uh may I just say that, you know, I'm I'm the new guy here. I haven't been here that long, but uh I can read documents and and I can listen to people. And during my time uh campaigning for district two, I I did quite a bit of door knocking in the area. And while I have a great appreciation for what Mr. Roberts said, all the goodwill he did uh in the community, uh I do have to consider, you know, the things that the residents of that area told me regarding uh the property, uh how they feel about it, some of the adverse effects, property values, things of that nature. So, I think there's parts of that that we got to take into consideration as well.

So, can you remind me exactly what the city is asking for tonight? Are you asking for a revocation? Yes, sir. Okay.

The the city is making a recommendation that you make a motion to adopt resolution 121625. And that resolution is a revocation of a business license. Is there any other questions? You have any other comments? All right, then. Um, do we have a motion?

I move to adopt resolution 121625. Second. discussion. We have a motion and a second. Is there any further discussion?

Uh yes, Mr. President. I'd like to say first of all, I'm thankful for the type of business that it is that it provides recycling versus dumping uh to our residents. I appreciate that. Um that being said, I do want to say that I'm looking back and just wanting to honor what was said for the on the contingencies. Um and just looking at the photos over time and then the photos again today from the officer that was presented um that it looks like that the business is not uh is still visible um outside of the 12 link or 12t fence um that in some areas I heard in audio that it was stated to be uh slatted um that you could there was no u privacy and also um that the business is being conducted above the fence that the the the material is is being stacked up so high that the fence the 12oot fence can't contain it and keep it from view. So with those things um uh that was contingent on on it being uh allowed to uh to be that type of business. As much as I I do am thankful for that type of business, it looks like in my from my viewpoint with everything given that that contingency has not been met. All right, then. Um, I think it's time to bring this to a vote. All in favor of adopting resolution 121625 say I. I. All oppose, same sign. Motion carries.

We'll move on to new business. We'll authorize uh the request is to authorize the mayor to exe execute a lease agreement. Call for a motion to authorize the mayor to execute an agreement between the city of Enterprise and Tinder's Homestead LLC for the lease of the Main Street incubator located at 123 South Main Street per the terms of the lease agreement. I move to authorize the mayor to execute the lease agreement as submitted. Second. All right. Any further discussion? All in favor say I. I.

All oppose, same sign. Motion carries. Call for a motion to approve a one-time extension of the city's Christmas holiday schedule to include Friday, December 26, 2025. The Christmas holidays are currently observed on Wednesday, December 24th, and Thursday, December 25th. I move to approve a one-time extension of the city's Christmas holiday schedule to include Friday, December 26th, 2025. Second. Seconds and thirds. All right. All in favor say I. I. All oppose. Same sign. Motion carries. All right. Mayor, do you have a report for us?

We like just we would just like to wish everybody a merry Christmas and most prosperous happy new year. M

I'd like to thank everyone for hanging with us tonight. you know, it's kind of difficult decisions have to be made at times. And um I did go on record saying I I listened to the constituents and that area of town that is in district 2. And that was the number one chief complaint from all the residents over there. And and hopefully u through the blight program that the city has taken on as Barry said 100 plus properties that uh we can continue to mitigate some of those problems and uh use our resources wisely.

Also like to thank everyone for coming tonight and I always like to thank our community that's watching us on YouTube. We appreciate that. And congratulations to all our float winners. I'll tell you, I'm I'm the guy that's stuck in the back field back there from seven in the morning till the last float goes out. And I'll tell you, um, when they first come in, they're not decorated. A lot of Mark and they spent a lot of hours out there. Every float I thought was fantastic, is deserving of an award. And I don't take what the judges did lightly. I mean, it was tough. I saw them out there scratching and talking and uh I appreciate their time and effort for for what they did for our parade and uh just want to let everybody know this we got that parade out in almost less than an hour faster than any year that 15 plus years that I've been in the backfield. So, I thank all the volunteers that helped us, all my C folks, all the army soldiers that came out from Fort Rucker that helped and uh all the other folks that were there volunteering. And if you want to help, we need more volunteers. We're going to start planning next year's parade, probably in February. So, please contact me or contact Aaron at the chamber. God bless and have everybody have a great night. Uh yeah, thank you um for Scotty and everyone that helped, organized, planned, participated in the parade. Thank you, Greg, Casey. Y'all participated. Thank you. Um that was awesome to be be a part of that. And uh thanks uh to all the hard work that went into it. I want to say thank you to um our engineering team for the great work they do. I'm very happy to hear about the hundred property properties um that are in the blight. um that were uh scheduled to be demolished and and being looked at as part of that that uh blight program. Uh I'm I'm very very happy to hear the success story of 912 Rocka

Boulevard uh being rebuilt that started off in that program was looking at like it was going to be demolished and and now through that through the encouragement and the work of the city the awesome work that you guys did that's a success story that I'm very very proud uh of our city for. And then I want to say one last thank you to Justin Walker who was a developer that was here just a little bit ago and for his vision for for enterprise and uh enhancing our core and helping develop inside the circle. Um it it does help to not have to stretch sewer, water, streets, police, fire. I know if Dave Davis was here, he'd say that that the further out we go, the more we have to pay. And so to have redevelopment and new development inside the circle enhance the core of enterprise, I'm very very happy for that. So um I'm thankful for for seeing that. So um I've talked too much and I appreciate you guys. Thank you.

Ditto to pretty much everything was said tonight. Appreciate all the hard work that went into the Christmas parade. I heard lots of great comments about it. I didn't get to see as much of it because I was in it. Um but some of the the ones that I did see I was I was impressed with and heard lots of good good positive things about our parade this year. Also um sounded like we had good success with Whoville because of the rain having to move. I was traveling and not able to be here. My some of my family was down there and and uh sounded like it went very well also. So, a lot of good things have been happening in the city of Enterprise and I appreciate all the hard work of all the staff. I know especially when we have things at night and on Saturdays, there's a lot of extra work that goes in outside of normal business hours and I appreciate all of the all of those that are involved in it. Also like to echo um uh what Mr. Wall said about um JLW Creative Solutions coming in and I just appreciate the way that he worked that. he was willing to pull that project when he realized that there was community opposition and um even even if it would have passed the council, he was willing to pull that with the community opposition and and recreated in a way that can make everyone happy. And we were were very happy tonight to have approved that. And then I guess for the uh biggest [snorts] and longest part of this meeting tonight, uh the public hearing that we just concluded has got to be probably one of the most difficult things for me to do. I I take no no pride in what we've had to do tonight with the exception of I want our city to be the best it can possibly be. I want it to be the cleanest it can possibly be. Um, being a business myself, I I know I've had to come up against things

that were very difficult to swallow and to have to uh to take on and to to fix and to to do the right thing. And it's um it's never fun uh when you're in that position. And I certainly don't enjoy being on this side of the bench of that. Um so it is uh it is my hope that tonight that um those things can be corrected and um the gentleman can uh reapply and resume business u in a way that he can be beneficial to the recycling of the needs of the city of Enterprise yet keeping a nice clean environment. Uh which is exactly the whole reason that we are here tonight doing this public hearing. Um, so with that said, uh, we will adjourn tonight until 5:00 p.m. Tuesday, January 6. Hope you all have a merry Christmas and a happy new year.

What are you doing? There's a picture. That was when he said