City Council - Regular Meeting

GEORGE ALLEN: Have your attention, please. It is now our 5:50, and we will call our January the six, 2026, work session to order, and in our work session, we will start with a presentation from our Mr Fred Clark. And most of us may not know him, so we will get our former mayor, Gary Fuller, to introduce him to her. GARY FULLER: Excuse me. Thank you Mr President, Mayor, members of the council. I've had the great pleasure of working with Fred Clark for over 20 years as the president and CEO of what used to be Alabama Municipal Electric Authority, and it's now called Energy Southeast. Fred has done an outstanding job of keeping our rates low, and that's a benefit to all Opelika citizens and business. He's going to give you an update, Fred Clark. FRED CLARK: Thank you, Gary. I would have knocked that over to you. Take care of it here, well, as this election season ended, I found that most of our governing bodies at our cities are new. And I think there's some for new council people here that are new three, and so I'm glad to introduce myself to you. And so I'm originally from Elba, Alabama, down in Coffee County, went to school at Auburn. Don't hold that against me, Gary. The Alabama plan here, but I came to work at Energy Southeast in 2006. And let me tell you a little bit about Energy Southeast, or the Alabama Municipal Electric Authority. Back in the 1970s, we had rate case after rate case with Alabama Power Company at the PSC, where our rates

were going up substantially at that time, and there were organizations pre-AMEA that were arguing about those costs at that time, which led 11 cities, that Opelika Guy Thompson helped to pull together a coalition to pass legislation that established the Alabama Municipal Electric Authority, which enables cities in our state to come together to own generation collectively. And so that began with the passage of legislation in 1981, which this year we'll celebrate 45 years of service to our member cities. Now, I came to work on October the 1st of 2006. And we again were having rate increases year after year with Alabama Power Company, still at that time. And I spent every year, Eddie, coming to see you and telling you and taking blame for those rate increases. And fortunately, we were successful. Gary helped hire me, but in that first year, I said, I have made a mistake. I had been in a political background. I have an economics academic background, but I said I'm in the wrong business. You all are politicians. You know exactly how to get elected. And you know exactly all the dynamics of that. And it's fairly clear, right? Door to door, doing all the right things, common sense, and that. Well, I'll have to tell you, fuel management and natural gas, coal, and nuclear, and others is something that changes every day and something that is not linear and something that certainly impacts us. Well, we renegotiated contracts around 2009

and ten, and we set in motion a process to stabilize our rates from then 2012 to 2025. We did not have a rate increase during that 13 year period. The citizens of Opelika did not have a rate increase during that time. And now we have contracts in place for the next ten years that are also gonna keep us stable for the next ten years. And so you already are the lowest power cost provider in Lee County and the surrounding region in Opelika. Opelika can compete with really any utility in the state, as some of you may not know, this Opelika Power Services is some over 100 years old. I think it's approaching 115 years in service. Again, being a leading member of AMEA some 45 years. Brant Poteet is outstanding. The person leading your utility has done an excellent job. And I would say, and there are those in this room that are customers of Alabama Power and others co-ops and otherwise, if they compared their bill to Opelika Power Services, they would be fighting to get on OPS system. And we would want them if they move into our service territories. And so again, Opelika is really one of the shining stars. And let me talk about our industry a little bit, and then I will take questions from you. there are 36 cities in Alabama that own their own electric distribution systems. We serve 11 of those 36. The large majority are served by TVA in North Alabama,

Huntsville, Cullman, Decatur, you name the larger cities in north Alabama, and they're served by TVA. Alabama Power Company serves about half the population of the state, municipal electric utilities about 1.2 million people in the state. And then the electric cooperatives serve another fourth in the I believe it's some 64 counties. They have rural customers throughout the state. And so our municipal electric utilities have done well, are gonna continue to do well. We have not had those rate increases that you read about all along. Our stability is there, your ability to compete for industrial customers is strong, your ability to keep your customers happy with as low rates as you can, and still maintain a reliable system. It would be bad to have low rates, but your power went out every night or every time the wind blows, and so you got to maintain your system. You got to do all the things that enable your employees to do a great job and deal with that. Well, your people do that, and OPS and I get to go see them all. So, I know what you have and what you're doing, and so again, I'm excited about our future. Clearly, in the electric utility business where it's been stable and generation a long time, we're in an unstable times, data centers and other things that are impacting the demand on energy are increasing the need for new generation as well as costs. But I'm excited about what our 11 cities are gonna do in the coming years as we move forward. Mayor, I'm happy to answer any questions, but it's always good to be here in Opelika. I actually went over to City Hall.

That tells you how long it's been since I've been over here. I need to come every year. Just say, Hey and you asked me a question about whatever that might be, but we're excited about our future. And I know you're excited about OPS, and so let me stop. GEORGE ALLEN: Thank you so very much. SCOTT PARKER: Next item on the agenda, Mr President, is me. I guess. GEORGE ALLEN: Happy New Year. SCOTT PARKER: I have a few resolutions that are in the consent agenda. but wanted to discuss these before you all. These are very standard operations for the engineering department and things we have going on. But I do wanna explain the procedures as we went by for this first time, they're on the agenda. The first two on your list is accepting right of way. The city has to officially, by council resolution, except right away that property that is being transferred to the city in order to construct roads. So, the first two on the agenda are right away, properties that were acquired for the High Park Road extension that you may have heard so much about recently, that would be under construction, hopefully by the spring. The third item on the agenda is accepting of public infrastructure. These are subdivisions that have been completed by developers, the infrastructure being the roads, the sewer and the drainage systems. Once these are accepted by the city through the engineering department, the other departments we put them up for council resolutions. Those are listed out, as well as the estimated cost that will go into the city's cities city fund for that value of the property. The fourth on the agenda is a change order for construction project. This basically is adding cost and adding some items that we encounter on construction projects that are unforeseen.

This one particular is the Thompson Drive construction extension project that was under construction. The example here is we thought there were two. There were two sewer lines that we were crossing. We all our data showed that they were gonna be cast iron. We got out there under construction, we found that they were vitrified clay pipe, the old clay pipes that will crumble under a load. And we certainly do not want these clay pipes under our road. So, we're asking for a change of the contract to install ductile iron pipes for these existing city sewer lines that were crossing. Also, there was an outcrop of rock that we did not see in the initial investigation of this construction project. It takes a special means and methods to remove this rock as opposed to normal material. The fifth item on the agenda is an amendment to a development agreement with for the Opelika Mill Village. We had talked to them about the existing agreements, as that we would do some realignment of First Avenue and construct a roundabout in that area. There are four roads: 24th, 25th, and 26th. I believe that the developer is going to be installing new sanitary sewer lines. Down the middle of this would be a disruption of that road. So, what we're. This change will be to cover the repaving of those side streets. So, those are the typical items. Change order. And this is a change to the agreement, but it's very common in the procedures that we have. I'd be glad to answer any questions now or later about any of these items that we have on the consent agenda today. I'll be glad to come back if you have any questions later. GEORGE ALLEN: I'm sure that question, they'll get in touch with you. SCOTT PARKER: I'll be here, absolutely. Thank you, sir. GEORGE ALLEN: Thank you so very much. There's nothing else we'll call our work session or

meeting to a close and go directly into our regular meeting for January 6th, 2026. Roll call, Mr. Jones. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Here. LEIGH WHATLEY: Here. RUSSELL JONES: Mr Beams? CHUCK BEAMS: Here. RUSSELL JONES: Mr Rauch? TODD RAUCH: Here. GEORGE ALLEN: And at this time, we have our invocation and our Pledge of Allegiance. Our invocation will be brought to us by Darryl Cobb, who's from the Mustard Seed Faith Center. And our pledge will be led by Kelsey Pruitt and Caleb Kenny from Jeter Primary School, a school. Let us all stand. DARRYL COBB: Good evening. Father. We thank you for the mayor of this city. We thank you for all the city council officials. We thank you for the new year of 2026. And we pray and ask you tonight for wisdom, knowledge, guidance, understanding. Above all, we pray for unity. We pray for humbleness, humility as servants to the people of this city. We ask for your blessings upon these meetings, henceforth and forevermore. In Jesus name, Amen. GEORGE ALLEN: Amen. RUSSELL JONES: Give me just a second. If y'all wanna take a picture, you come up here and take a picture if you want to. I wanted to go by. If you want to come up here, come stand beside me. Come here. One, two, three, ready? One, two. SPEAKER: I pledge allegiance to the flag of the United States of America. And to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. RUSSELL JONES: Thank you guys. Awesome job. Thank you, Darryl. DARRYL COBB: Thank you. GEORGE ALLEN: At this time, we have the adoption of the agenda.

are there any items that need to be added to or removed from a change from our position? RUSSELL JONES: Mr president, I'd ask Mr. Treese to present that resolution to the council that we sent in an email. ROBBIE TREESE: Mr president the resolution to which the clerk refers is a resolution authorizing an engagement letter with a law firm, Gordon, Dana and Gilmour LLC, out of Birmingham, for professional services having to do with an opinion with respect to one of the variances that was granted back in the 80s having to do with bed and breakfasts within the city. a second opinion, if you will. This resolution, amongst the number of resolutions that are on the consent agenda, would be resolution number 14, if it makes it to... RUSSELL JONES: Add it to number four. ROBBIE TREESE: Number four? OK. RUSSELL JONES: On agenda. ROBBIE TREESE: OK. GEORGE ALLEN: I need a motion to add the said item to our regular agenda. TODD RAUCH: So, moved. GEORGE ALLEN: Is there a second? JANATAKA HUGHLEY-HOLMES: Second. EDDIE SMITH: Any discussion? Having none. Call the roll. RUSSELL JONES: Miss Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Mr Beams. CHUCK BEAMS: Aye. RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: OK. The motion to add the resolution presented to number four under the agenda has been approved. GEORGE ALLEN: Now, I need a motion to adopt agenda with the added item. CHUCK BEAMS: So, moved. GEORGE ALLEN: Is there a second? TODD RAUCH: Second. EDDIE SMITH: Any discussion? Having none call the roll Mr Jones. RUSSELL JONES: Miss Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? LEIGH WHATLEY: Aye. RUSSELL JONES: Mr Beams? CHUCK BEAMS: Aye RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: All voted to adopt the agenda. EDDIE SMITH: And the added item will be placed on the agenda, Item four on the resolutions. RUSSELL JONES: Correct. GEORGE ALLEN: Council members, you've been you received a copy of the minutes from our last regular meeting on December 16th, 2025. Is there a motion for approval? CHUCK BEAMS: So, moved. GEORGE ALLEN: Is there a second? LEIGH WHATLEY: Second. GEORGE ALLEN: Any discussion?

Are there any corrections, additions, or deletions? If not to, the minutes will stand approved as presented. Unfinished business appears. We have none. Mayor's comment. Mr mayor. RUSSELL JONES: First, Scott. SCOTT PARKER: Back again. The requirement of the Rebuild Alabama Act, which was passed in 2018, which added additional gas tax funding from the gas tax increase back then portion of that funding comes to individual cities. The reporting requirements for the state is for me to present to the council at this time, the location and projects that will utilize these funds as part of the project. In your packet, we have two projects that have been ongoing and are currently going that have and will use these gas tax revenues. One is intersection improvements to Cunningham Drive and Frederick Road. This contract was for $1,448,000, and D and J enterprises utilize was the contractor of that project. The second project is currently underway is the Gateway Drive Resurfacing and Shared Use Path. This is from Society Hill Road to Marvin Parkway. The contractor is East Alabama Paving, which is performing that project for us in the contract amount is 1,885,000. The gas tax did not cover the entire price cost of this construction, but it adds added portion to that. So, as part of our requirements, I present this to you, and I'll ask answer any questions if you have them. Thank you very much. GEORGE ALLEN: Mr Mayor. EDDIE SMITH: Thank you, Mr President. I'd like to invite Catherine Guthrie to come up with me, please. CATHERINE GUTHRIE: I don't have a whole crew with us this year.

EDDIE SMITH: Bring them all. A party might break out. CATHERINE GUTHRIE: It's the first time I've officially called you mayor. EDDIE SMITH: How are you? EDDIE SMITH: Happy New Year. Good to see you, ladies. Yeah. I've always dreamed of being surrounded by women. CATHERINE GUTHRIE: Quite a. Boisterous group. EDDIE SMITH: So, it's my pleasure to present this proclamation tonight, and I will read it. Whereas human trafficking is a public health issue and crime that harms the health and well-being of individuals, families, and communities, often across generations. And whereas human trafficking can happen to anyone in any community. And whereas human trafficking is concerned, is connected to many other forms of violence and an exploitation, and often shares common risk factors such as lack of resources and unsafe environments. And whereas, strengthening communities requires collective action to prevent, recognize, and reduce the conditions that contribute to exploitation, and to create environments where people are protected from human trafficking and other forms of violence. And whereas a successful response to human trafficking requires a coordinated, community-wide response that includes collaboration across sectors and with those who have experienced human trafficking. To ensure that services and programs are effective and meet the needs of the survivors. And whereas every individual, family, and community, and organization can help raise awareness, prevent trafficking, and support survivors by learning how to take action. And whereas the City of Opelika would like to designate as be designated as a trafficking free zone, showing our commitment to action and awareness, and partnerships to go, to

comprehensively address the issues of human trafficking and reaffirm our commitment to human trafficking awareness, training, and education activities. Now, therefore, I, Eddie Smith, as Mayor of Opelika, do hereby proclaim January 2026 as Human Trafficking Prevention Month, signed this sixth day of January 2026. CATHERINE GUTHRIE: This is year six. EDDIE SMITH: Year six. CATHERINE GUTHRIE: Yes, that we've done this. So, that's really amazing. And I just want to thank everybody. Chief Healey, we will miss you, but we won't go far. But I just want to thank you all have just been so great. And the whole the mayor's office, the city council, everybody's been so supportive of us, and we really appreciate it. And especially with the law enforcement, because you all get it. And you understand that these are victims and survivors, that no little boy or little girl ever said. That's what they want to be when they grow up. So, I really do appreciate, and we've really enjoyed working with y'all. So, thank you all so much. EDDIE SMITH: Thank you. RUSSELL JONES: Appreciate your time. Look at me. You can't see me, I can't see you. One, two, three. CATHERINE GUTHRIE: Can you see? SPEAKER: Yes. EDDIE SMITH: Good to see you. (CROSSTALK). Next, I would like to invite Miss Yerby Council to come up here with me, please. Great. Who else do we want to come, Alison?

Chief Clifton, Chief Healey. If you would allow me. In September 2025, IRB was contacted by Ulota, a platform that automates collaboration between emergency responders, clinical practitioners, and caseworkers. It's the first and only platform built to connect the helper, first the helper community. It's used by municipalities, counties, and states from coast to coast to address the most pressing challenges of our time. You requested that Yerby become a contributing author on their website in November. Your first article, The Case of Pre-arrest Diversion in Co-response Programs, was published in the website. That's a mouthful. RUSSELL JONES: Yes. EDDIE SMITH: When Yerby was hired, she was tasked with making a vision of Chief Healey's reality. The department has grown to employ two additional caseworkers. This is just one example of how the Yerby's hard work and countless hours are serving and paying off. Her work is being copied by agencies all over. Like they say, imitation is the sincerest form of flattery. Yerby, thank you for your good work and for your love for Opelika. And here's a little something to share our appreciation. If you'll stay up and I'm going to invite Chief Clifton. He's behind me. Yes, Chief Clifton, we have some folks that we want to recognize,

and I will let you, since this is your deal with it. JOHNATHAN CLIFTON: We need Captain Hester, Sergeant Priest, Lieutenant Paulson, and Detective Dylan, please. Alright. Well, Mayor unfortunately, Chief Healey decided to retire on us, so luckily, I got appointed to Chief with my appointment, several vacancies were left open, so my position now has turned into Major John Hester. He's taking my role as major over operations and the patrol division. Lieutenant Paulson now is promoted to captain over investigations, taking Major Hester's position, and Sergeant Priest is now lieutenant, Priest over patrol shield. And Sergeant Dylan or Detective Dylan is now promoted to sergeant in vitro. So, there were so many good applicants that I could choose from. But these are stellar. They embody what we want here at the Opelika Police Department. It's about serving and loving the city, and these guys do it, and we're ready to get back to work. EDDIE SMITH: Makes another great day in Opelika to have the people that already work for us, that are able to step up. Chief Healey highly recommended the promotions that you see and that you know about. Chief Clifton took him and ran with him. And it's an honor to have you gentlemen up here and have you working with our police department and our city of Opelika. Y'all are admired throughout our state. JOHNATHAN CLIFTON: We're very fortunate to work and serve for the city. our citizens really love us, and we love them.

And and that goes to show every day we're on the job. It really does. JOHNATHAN CLIFTON: Yes. Thank you. EDDIE SMITH: Congratulations, Sir. MARTY PAULSON: Thank you, Sir. EDDIE SMITH: Thank you, Mr President. GEORGE ALLEN: Thank you, Mr Mayor. SHANE HEALEY: Congratulations. GEORGE ALLEN: Public hearing, Mr Jones. RUSSELL JONES: Mr president, first item under public hearings is a public hearing to approve the First Amendment to the Opelika Mill Holdings Development Agreement. GEORGE ALLEN: I declare this public hearing open. If there's anyone want to speak for or against this item, please come to the podium to my left and state your name and address. And remember, you have three minutes to speak. Having none. I declare this public hearing closed. RUSSELL JONES: Second public hearing is for a demolition at 1801 South Long Street. GEORGE ALLEN: I declare this public hearing open. If there's anyone who wants to speak for or against this item, please come to the podium to my left and state your name and address. And remember, you have three minutes to speak. Having none, I declare this public hearing closed. RUSSELL JONES: Third public hearing is for demolition at 111 South Railroad Avenue. GEORGE ALLEN: I declare this public hearing open. If there's anyone who wants to speak for or against this item, please come to the podium to my left and state your name and address. Remember, you have three minutes to speak.

Having none, I declare this public hearing closed. RUSSELL JONES: Fourth public hearing is to amend the development plan for the Windham PUD for 15.04 acres at 3150 Windham Industrial Drive. GEORGE ALLEN: I declare this public hearing open if there's anyone who wants to speak for or against this item, please come to the podium to my left and state your name and address. And remember, you have three minutes to speak. Having none, I declare this public hearing closed. RUSSELL JONES: Fifth public hearing is to amend the text of the Zoning Ordinance, section 7.3 a dealing with minimum lot width in the area requirements table for the C-1 zoning district down from 60ft to nothing. GEORGE ALLEN: I declare this public hearing open if there's anyone who wants to speak for or against this item, please come to the podium to my left and state your name and address. Remember, you have three minutes to speak. Having none. I declare this public hearing closed. RUSSELL JONES: Six public hearing is to amend the zoning ordinance in map 2209 Lafayette Parkway, 6.1 acres from a M-1, GCP to a C3, GCP. GEORGE ALLEN: I declare this public hearing open. If there's anyone who wants to speak for or against this item, please come to the podium to my left, state your name and address. Remember, you have three minutes to speak. Having none, I declare this public hearing closed. RUSSELL JONES: Seventh and final public hearing is to amend the zoning ordinance and map 2505 Anderson Road is 20.1 acres, from R-3 to an R-4. I will mention that this has been withdrawn from by the owner, so it's not located on the agenda. RUSSELL JONES: We're still, we advertise for the public hearing.

So, we're having the public hearing. GEORGE ALLEN: I declare this public hearing open if there's anyone who wants to speak for or against this item, please come to the podium to my left. State your name and address, and remember, you have three minutes to speak. SPEAKER: Good evening, Council members. Mayor, I just wanted to. As mentioned as. As Russell pointed out, there is no ordinance to rezone this request. The applicant has withdrawn it per our standard procedures. We still hold the public hearing. Unfortunately, during the holidays, our office didn't stop the advertisement when we should have. And so that's why it's on your agenda tonight. I apologize for the inconvenience. OK. Thank you. JOHN MOORE: My name is John Moore. I live at 2714 Anderson Road. Lived there for 43 years. just wanted to come here tonight. Just to let the council know that we still oppose any rezoning of that property that's going to create a higher density than R-3. I do want to take the opportunity to thank each one of the council members. I sent each one of you an email individually, and I think I heard back from each one of you within 24 hours, either by phone call or an email. So, I just wanted you to know that I appreciate that. I was notified by the planning department that the rezoning request had been withdrawn. So, in light of that development, there's no need for me to make a long statement outlining why I oppose this, such as the 800% increase in density in our forward place on this property versus an R-1, which is what it was a year ago. And I will stop there. But I do appreciate your interest in this and giving me your time last week. Thank you. GEORGE ALLEN: Are there any others?

Having none. I declare this public hearing closed. Agenda related public comments, Mr Jones. RUSSELL JONES: OK, now's the time you'd like to speak to the mayor and council about anything that's on tonight's agenda. Please come to the podium to my left. If you have not, please sign in the sign-in sheet. Name, telephone, address, email. If you do speak, please state your name and your address. Please keep it to three minutes or less. Thanks. SPEAKER: Excuse me. Is it necessary for me to ask what is M means? There'd be no luck with restriction. RUSSELL JONES: In the downtown district. Yes, sir. That was during the public hearing. Now, if you'd like to speak about the ordinance, you can have three minutes. SPEAKER: That is (INAUDIBLE). RUSSELL JONES: I'm sorry Mr (UNKNOWN). GEORGE ALLEN: He said No. RUSSELL JONES: OK. SPEAKER: Downtown. RUSSELL JONES: Downtown district? Yes, sir. C-1 is downtown. Yes, sir. GEORGE ALLEN: Thank you, Mr Jones. The adoption of our consent agenda. Does any council member wish to remove an item from the consent agenda and address it as part of our regular agenda? Having none, is there a motion to approve our consent agenda as presented? TODD RAUCH: So, moved. GEORGE ALLEN: Is there a second? LEIGH WHATLEY: Second. GEORGE ALLEN: Any discussion? Having none call the roll Mr Jones. RUSSELL JONES: Miss Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? LEIGH WHATLEY: Aye. RUSSELL JONES: Mr Beam? CHUCK BEAMS: Aye. RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: The consent agenda is approved by unanimous consent. GEORGE ALLEN: And of course, our agenda, our general busines, we have a couple on the agenda which would approve are bids on our consent agenda as well. And now we have our resolution by Mr Treese. ROBBIE TREESE: Thank you, Mr. President.

our first resolution is to approve the First Amendment to Opelika Mill Holdings development agreement comes from the engineering department. GEORGE ALLEN: Is there a motion for approval? CHUCK BEAMS: So, moved. GEORGE ALLEN: Is there a second? LEIGH WHATLEY: Second. GEORGE ALLEN: Any discussion? Having none, call the roll Mr Jones. RUSSELL JONES: Miss Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? LEIGH WHATLEY: Aye. RUSSELL JONES: Mr Beam? CHUCK BEAMS: Aye. RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: All voted aye. ROBBIE TREESE: Resolution number two involves a demolition of the property located at 1801 South Long Street. GEORGE ALLEN: Is there a motion for approval? CHUCK BEAMS: So, moved. GEORGE ALLEN: Is there a second? LEIGH WHATLEY: Second? GEORGE ALLEN: Any discussion? Having none, call the roll Mr Jones. RUSSELL JONES: Miss Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? (CROSSTALK) Aye. Mr Beam? CHUCK BEAMS: Aye. RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: All voted aye. ROBBIE TREESE: Resolution number three is demolition for the property located at 111 South Railroad Avenue. GEORGE ALLEN: Is there a motion for approval? JANATAKA HUGHLEY-HOLMES: So moved. GEORGE ALLEN: Is there a second? TODD RAUCH: Second? GEORGE ALLEN: Any discussion? Having none, call the roll Mr Jones. RUSSELL JONES: Miss Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Mr Beam? CHUCK BEAMS: Aye. RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: All voted aye. ROBBIE TREESE: Resolution number four is a resolution authorizing an engagement letter with Gordon, Dana, and Gilmore, LLC for professional services related to a variance nonconforming use for bed and breakfast in Opelika. GEORGE ALLEN: Is there a motion for approval? CHUCK BEAMS: So, moved. GEORGE ALLEN: Is there a second? Is there a second? LEIGH WHATLEY: Second. GEORGE ALLEN: Any discussion? CHUCK BEAMS: Discussion. Mr President, if you can have the city attorney explain this a little bit more for us. GEORGE ALLEN: Sure can. ROBBIE TREESE: Absolutely.

So, this resolution would approve the hiring of a law firm to get what is, in effect, a second opinion as to the legal sufficiency, or basically, what is the result of a BZA Board of Zoning Adjustment ruling back in the late 80s as to bed and breakfasts being granted a variance and the character of that particular granting. And so the engagement letter would permit the city to seek that opinion from independent counsel. CHUCK BEAMS: Thank you. One more question. So, is the question. Whether or not it was a variance or nonconforming use? ROBBIE TREESE: Yes. That's certainly part of it. It's a much longer. In order to get to that question, obviously, we set out what we know about the situation at hand, the variance itself, the character of it, and then applying the law to that, what the conclusion would be with respect to its continuing efficacy. As an adjunct to that, would be, what would be the effect of the passage in 1991 of bed and breakfast regulations? In other words, do those apply as a result or do they not as a result, in the opinion of the firm? CHUCK BEAMS: Thank you. JANATAKA HUGHLEY-HOLMES: And one other question for the firm, just so we all know, is this somebody that we always use and we refer to. I know I spoke to you all about it, but just so that we'll all know and have clarity. ROBBIE TREESE: The firm I do know of one of the members of the firm is an extremely talented lawyer ahead of his class at Cumberland Law Review. he's scary. Scary good. And because this is a matter of research, many of the firms that the city has used before, I frankly did not want us to

conflict those other firms out of us being able to use them at a later date, because we've engaged, of course, over the years, the city several different, very well-known firms for various things. And in order hopefully to eliminate any possibility of those conflicts. This is the reason that this firm was sought their opinion, and they've been in business for a long, long time and certainly know how to litigate if it came to that as well. JANATAKA HUGHLEY-HOLMES: OK. But this is our first time using this. ROBBIE TREESE: Yes it is. Yes, ma'am. GEORGE ALLEN: Any other discussion? If not, there's a motion for approval. RUSSELL JONES: We already got motion a second. GEORGE ALLEN: Call the roll. RUSSELL JONES: Miss Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? LEIGH WHATLEY: Aye. RUSSELL JONES: Mr Beams? CHUCK BEAMS: Aye. RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: All voted aye. GEORGE ALLEN: Ordinances, Mr. Treece. ROBBIE TREESE: Thank you, Mr President. Our ordinances are. The first is to amend section 12.4.2.2 of the Personnel Policies and Procedures Manual of the City of Opelika. This is the second reading. GEORGE ALLEN: Is there a motion for approval? JANATAKA HUGHLEY-HOLMES: So moved. GEORGE ALLEN: Is there a second? CHUCK BEAMS: Second. GEORGE ALLEN: Any discussion? Having none, call the roll Mr Jones. RUSSELL JONES: Mr Holmes? JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? LEIGH WHATLEY: Aye. RUSSELL JONES: Mr Beams? CHUCK BEAMS: Aye. RUSSELL JONES: Mr Rauch? TODD RAUCH: Aye. RUSSELL JONES: Mr Allen? GEORGE ALLEN: Aye. RUSSELL JONES: All voted aye. ROBBIE TREESE: Mr president, Ordinance Number Two is for first reading to amend the development plan for the Wyndham planned use development, consisting of 15.04 acres at 3150 Wyndham Industrial Drive. GEORGE ALLEN: I would like to ask a member of the Council to introduce this ordinance for first reading. JANATAKA HUGHLEY-HOLMES: So, moved. GEORGE ALLEN: Thank you.

ROBBIE TREESE: Mr president, Ordinance Number Three is also for first reading to amend the text of the Zoning Ordinance, section 7.3, a minimum lot width in the area requirements table for the C-1 zoning district from 60 to nothing. This is, as I said before, the first reading. GEORGE ALLEN: I would like to ask a member of the Council to introduce this ordinance for first reading. JANATAKA HUGHLEY-HOLMES: So moved. GEORGE ALLEN: Thank you. ROBBIE TREESE: Ordinance number four is for first reading to amend the zoning ordinance and map for 2209 Lafayette Parkway, 6.1 acres, from an M-1, GCP to C3, GCP. GEORGE ALLEN: I'd like to ask a member of the Council to introduce this ordinance for the first reading. TODD RAUCH: My pleasure. GEORGE ALLEN: Thank you so very much. Mr. Jones, second roster for public comments. RUSSELL JONES: OK. Now, if you'd like to speak to mayor about anything else. According to my left again, like earlier. Sign in sign-in sheet, state your name and address. Please speak for three minutes or less. Please. Yeah. Is there anyone that like to speak? No. OK, I'm going to Mr Jackson has asked. He said his eyesight is bad. I'm gonna read this and pass this out to you guys during his three minutes. OK. On behalf of Lindbergh Jackson. What's your address, Mr Jackson? LINDBERG JACKSON: 136 Arrowhead Drive, Montgomery, Alabama. RUSSELL JONES: OK. This is two Opelika City environmental and code departments in the city Council.

I, Lindberg B Jackson, originally owning 50% of said property located at 1401 Monroe Avenue, Opelika, Alabama, did recently purchase the other 50% from Miss Belinda Humfrey, who had been notified of a code violation, and she did not notify me until after she was unable to meet the criteria set out in the violation. She sold her interest to me, in which at such time, I did notify the environmental department, along with the municipal court, that I had purchased 100% ownership of said property. I also made them aware that due to my present medical condition, that I needed more time than two to three weeks to satisfy the issues I did present to the mayor in court a request for additional time, along with a medical physician's documentation/excuse that it would not be in my best interest to try to achieve such any such request, because it could further contribute more toward my illness. At 7:00 am, the morning of court, I received an email and text demanding that I show up at 1 pm. My counsel recommended that I attend because I was unable to attend on such a short notice because he was unable to attend on such short notice. Unfortunately, I was only able to answer the roll call in court before becoming ill and had to call for emergency services and was transported to the hospital, and after spending several hours in overnight stay and a battery of tests, confirmed my doctor's previous concern against me appearing in court. Therefore, I'm writing to the council as well as environmental department and requesting that this documentation become a part of the record as it pertains to their imposing upon me to perform such a task in an unreasonable time frame due to my illness. I regret that due process in terms of service and the unwillingness for the city, environmental and code departments to work with me through such illness has resulted in me filing a complaint against the environmental department, as well as the code enforcement department, who refuses to release the electrical power after being permitted and passed the inspection so that work can take place on the interior of the building by family

and friends, such as painting, repairing of interior work. I'm hereby asking for all records to be sent to my email address and detailed copy of the code violation to be passed on to my trust agent and legal counsel, which will stand in my stead due to my illness and absenteeism. I'm sorry that I'm unable to stand before you tonight and speak to this situation. Therefore, I'm asking the clerk to read this communication tonight and make a copy for each as I've distributed, so as to add this documentation to the record. Anyone else who would like to speak? GEORGE ALLEN: The character trait for the month is responsibility. The quality of state of being responsible, such as moral, legal, or mental accountability. And at this time, our entertain a motion to adjourn. JANATAKA HUGHLEY-HOLMES: So, moved. CHUCK BEAMS: Second. RUSSELL JONES: Miss Holmes. JANATAKA HUGHLEY-HOLMES: Aye. RUSSELL JONES: Miss Whatley? LEIGH WHATLEY: Aye.