City Council - Regular Meeting

SPEAKER: (BACKGROUND CHATTER) PRESIDENT GEORGE ALLEN: May I have your attention, please? SPEAKER: OK. Good. SPEAKER: OK. I'm here. PRESIDENT GEORGE ALLEN: You're good. I did not call out. May 5th, 2026, Work session to order. We have a very light schedule agenda tonight, and we would just start by going to number six on our agenda and ask if there's any council member. Do you have any concerns about any item on tonight's agenda that someone present might be able to enlighten you on? If not, Mayor, you or your administration have any general updates? MAYOR EDDIE SMITH: Oh, yes. I just tell the council, and the audience, and city attorney, I just returned from Kansas City, Kansas. Got home. Time to change clothes. So here I am. But, that we visited Faith Technologies. You all will remember that they're coming. And so we went to see what their operation was like. And so we left yesterday morning, got back this afternoon, and all's good. So they're gonna be a great corporate partner for us. And it's exciting to see them coming. PRESIDENT GEORGE ALLEN: Thank you so very much. Mr. Motley, do you have any updates for us?

MR MOTLEY: Just as a matter of information for everyone, this morning, well, actually, last night we council person got an email from a constituent that said they had gotten a letter from another council member that they were gonna be charged $4,800 to have the street closed for an event. And so it caused a lot of excitement, early on at City Hall this morning, as we started trying to figure out what in the world was going on. And so we have changed some of those procedures. So we were confused as to where this was coming from. And as it turns out, it was a scam. It was an invalid address. But what we believe is that people are going into the information that's provided online. Everything that's in the packet and getting addresses and names approvals from things, and as part of their scam. So we just caution we've had it happen at planning, about some things, had some people notified about some things that they were doing wrong that they were not doing wrong. And so, we got this straightened out right away. And nobody ended up being scammed. If it had been $200, it might have been different. They might have gotten $200. But just caution everybody, if you have any questions about anything you receive from the city, call the city, call the number, call the department that it came from, call the mayor's office, Leigh, myself, Russell. Yeah. Russell's a good one to call, but they can call anybody. And if y'all have any questions about any of that.

So just, we'd hate for somebody to get scammed out of some money on something that's not legit. And it happens every day. We hear about it on the news, but it's happening to us now. So just be careful with that. PRESIDENT GEORGE ALLEN: Thank you so very much. MR MOTLEY: Just wanted y'all to know what was going on with it. PRESIDENT GEORGE ALLEN: OK. Russell, is there anything else that might come before us? If not, we will close this work session and begin our regular meeting at 6:00.

Thank you so very much.

(MIC OFF)

(INAUDIBLE)

(WHISPERING) SPEAKER: So are they... 'Cause we've been doing it. Alright. Are we still gonna do that, or is it gonna be on a case-by-case basis? (WHISPERING) (BACKGROUND CHATTER) MYLES TATUM: I see that.

That's what I heard. OK. So, I got it. Alright. That's good. And thank you for being here. Appreciate it. So I am here to pray, check Myles Tatum. SPEAKER: I got it. Yeah. (WHISPERING)

May I have your attention, please? It is now 6:00, and I will call our. May 5th, 2026, Opelika City Council meeting to order. Call the roll, Mr. Jones. CLERK RUSSELL JONES: (CALLS THE ROLL) Mr. Allen. PRESIDENT GEORGE ALLEN: Here. For our invocation, we are pleased to have Miss Ann Nicholson from Open Heaven Ministry to give our invocation. And of course, we have Myles Tatum and Jake Cardwell from Opelika High School to lead us in our pledge. Let us all stand, please. ANN NICHOLSON: Let's pray. Almighty and gracious Lord, we gather tonight because there is work to be done, and you have called this council to a higher purpose for the needs of the city of Opelika. May they approach their responsibilities with reverent

fear and a deep sense of responsibility and commitment. May the words of their mouths and the meditations of their hearts be pleasing to you, as they are reminded that no leader comes to a position of authority by might or intellect, but by the mighty hand of God. May they find your purpose in all that they remember, that they serve you first and foremost, and at your express pleasure. And so, Lord, may they seek you, find your will, and perform it for the greater good. Please help them to lay their personal differences and opinions aside and wait for your guidance in all things. In so doing, may your righteousness prevail as your spirit fills this place and flows outward to bless the citizens of Opelika through every decision and opportunity. May the citizens of this fair city know that they have been served well with impartiality and grace. And so, Father, when it's accomplished, and they leave this place, may they be identified as your servants who hate evil and love justice. Bless this time, Lord. Perfect their governing and multiply their efforts to serve your people. We love and trust that you will, Lord Jesus, and we ask these things in your precious and holy name. Amen. MYLES, JAKE & ALL PRESENT: 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. PRESIDENT GEORGE ALLEN: Thank you. Adoption of the agenda. Are there any items need to be added to remove from or change from the order of our presented agenda? Having none is our motion to accept our presented agenda. COUNCILWOMAN: So moved. PRESIDENT GEORGE ALLEN: Second. COUNCILWOMAN: Second. PRESIDENT GEORGE ALLEN: Any discussion?

Having none. Call the roll, Mr. Jones. CLERK RUSSELL JONES: (CALLS THE ROLL) All voted aye to approve the agenda. PRESIDENT GEORGE ALLEN: OK. Approval of the minutes. Council member, you received a copy of the minutes from our last regular meeting on April 21st, 2026. Are there any corrections, additions, or deletions? If not, I'll entertain a motion to accept the minutes as presented. COUNCILMAN: So moved. COUNCILMAN: Second. PRESIDENT GEORGE ALLEN: Thank you very much. Mayor's comments. MAYOR EDDIE SMITH: I forget. Miss Fisher, and Miss Flowers, and Doctor Davis to meet me down here, please. We have the pleasure of recognizing some of our students tonight. If you picked up an agenda on the way in, you saw that we were gonna recognize two different groups. We are gonna just recognize one, and we're gonna move the other one to the next meeting. So, the Killgore scholarship recipients will recognize at the next meeting. But tonight, we're very honored to have Miss Flowers and Miss Fisher, Doctor Davis with us, and we are going to recognize our Alabama Seal of Biliteracy students from Opelika High School. Miss Flowers was kind enough to come with us

because they were afraid I would butcher the names. So I'm gonna give you the list, and we'll ask them to come up and hold your applause to... We have introduced all of them, and then we'll get a picture together, and we got a gift for them. So Miss Flowers, will you help me, please? MISS FLOWERS: Yes, sir. And after they come up, where would you like them to stand behind you? MAYOR EDDIE SMITH: Yeah. Just come and stand behind us, and well, the camera folks will get them to move around. MISS FLOWERS: Yes, sir. OK. I'm gonna call y'all in order of first name. So we have Alejandro Blanco, Florida. We have Alexander, Lopez, Bravo, Christian, Valentin, Vicente de Maria, Karen, Hernandez, Felix, you can come on up, David, Cruz, Torres, Diana, Monterrubio, Diaz, Emily, Bravo, Martinez, Esmeralda, Alcantara, Mejia, Fredy, Jesus, Torres, Morales, Harry, Torres, Ortiz, Jesus, Manuel, Méndez, Quintero, Jesus, Ramirez, Lopez, Kenneth, Alfaro, Kristel, Lopez, Pascual, Leonardo, Hernandez, Nicolas, Ambrosio, Rigoberto, Lara, Ramirez, Sheila, Alcantara, and Jeanette Perez Vasquez. MAYOR EDDIE SMITH: So, while you have that? Will you explain to us what they did to get the awards that are around their necks? MISS FLOWERS: Yes, sir. So these are all graduating seniors who have proven their proficiency in English as well as a world language. All the students here have proven their proficiency in English, in Spanish. This enables them to work as translators in the future, to step in the world as our cosmopolitan citizens. They can also receive credit at academic institutions. MAYOR EDDIE SMITH: OK. Thank you. And... (MEMBERS CLAPPING)

SPEAKER: Emily is a shorty. (UNKNOWN) Is this your call, guys? OK. Sorry. SPEAKER: Alright, everybody here? Alright. Ready? One, two, three. MAYOR EDDIE SMITH: Thank you. SPEAKER: You guys go back that way. SPEAKER: Thank you. SPEAKER: Thank you. MAYOR EDDIE SMITH: We also have a couple of proclamations that I would like to read and present this evening. First, I'd like to ask Madison Belt to come join me. Madison is a candidate for Miss Alabama, and I'm gonna let you tell us about the proclamation, and then we'll read it.

MADISON BELT: Yes, I would absolutely love to. I am a product of the public education system, and fortunately, it was able to help me, support me academically. But I struggled a lot with anxiety and depression. And unfortunately, those experiences continued to go unnoticed throughout the education system. So my goal through the peace project, which is an initiative I created when I was about their age, which is really incredible to see. The trajectory of my life has changed since instilling this program, but I've been able to speak to over 12,000 students about how mental health can be a way for you to grow and be able to become the individual that you're meant to be, and how it's not something that you should put a stigma towards, and that's okay to not be OK. My journey has been with anxiety and depression, like I mentioned. But I'm also a self-harm survivor. I am now five years clean and in recovery from self-harm, so reflecting back and seeing these young students and seeing their bright futures ahead of them is something that's so inspirational to me because I was struggling so much at that age. I was just one year in recovery, and I was thinking about falling back into those patterns day after day after day. And now I'm standing here with this absolute honor from a city and a town that I have come to grow and love. So I'm incredibly honored to be standing here today. MAYOR EDDIE SMITH: Well, thank you, and let me read this, and we'll all see more of her words. "Whereas good mental health is a key component in a child's healthy development, recognizing the early warning signs of mental health needs and obtaining the necessary support, assistance, and treatment gives children and youth better opportunities to lead full and productive lives at home, in schools, and in their communities. And whereas it is appropriate that we celebrate Children's Mental Health Awareness Day and week each year, for the direction of our thoughts toward our children's mental health and well-being.

And whereas, research has shown that early identification and appropriate treatment of mental health disorders among children and adolescents provide them with better opportunities to lead full and productive lives. And whereas it is important that children and adolescents, along with their families and communities, learn about the warning signs of mental health disorders and identify where to obtain necessary assistance and treatment. And whereas the Peace project, founded by Alabama native Madison Belk, is a school-based mental wellness and leadership initiative dedicated to equipping young people with practical tools to understand emotions, navigate challenges, and support one another. And whereas by bringing evidence-informed tools directly into schools, the peace project helps bridge the gap and ensures every student, regardless of background, has foundational knowledge about mental wellness. And whereas for many young students, learning these skills, these skills changes the trajectory of their lives. Young people who once felt isolated now understand they are not alone. Students who struggled academically due to emotional distress regain focus. Peer groups become more supportive environments. Most importantly, children begin to see mental health not as a weakness but as part of overall health. Now therefore, I, Eddie Smith, Mayor of the City of Opelika, do hereby find it an honor and a distinct pleasure to recognize May 7th, 2026, as Children's Mental Health Day." Congratulations, and thank you for working (UNKNOWN). SPEAKER: You can both hold it. There we go. MADISON BELT: Thank you so much. I appreciate it. MAYOR EDDIE SMITH: And on our next resolution, I'm gonna ask Councilman Todd Rouch to join me down here, please.

So, Todd, I'll let you make the introduction of this and read it, if you would do that, please. TODD RAUCH: First, if you don't mind, Mr. President, I'd like to invite the family of Doctor Lofton up as we read this proclamation. And come on up here. All of them. While they're coming up here. As many of you know, during our last term, Doctor Lofton served on the Opelika City Council for Ward 3, which now Councilwoman Whatley sits in now and tragically, during a couple of years into his term, came down, after one year in his term came down with ALS, also known as Lou Gehrig's disease, and battling that and had to retire his position on the City Council. During our time that we had served together on council, Doctor Lofton was a great friend and a valued colleague, and he is one of those people who was on this council that could really galvanize a lot of people in the community and bring us together. And I had some time to many lunches with Doctor Lofton, but during his illness, getting to sit down and talk with him, and just the importance of everyone that struggles with certain things and diseases in our community, and making sure that we have it well known, and making sure that we keep his memory not only in our town, but also on our council. So I asked the mayor's office put this together, and I'll read it. "From the governing body of Opelika, Alabama, a proclamation. Whereas amyotrophic lateral sclerosis, also known as ALS, also known as Lou Gehrig's disease, is a progressive and fatal neurodegenerative condition that affects nerve cells in the brain and spinal cord, leading to loss of

muscle control, paralysis, and ultimately, respiratory failure. And whereas ALS impacts thousands of Americans each year with no known cure, and most individuals diagnosed face a life expectancy of two to five years following diagnosis. And whereas ALS does not discriminate, affecting men and women of all backgrounds and places, an immense emotional, physical, and financial burden on patients, families, and caregivers. And whereas increased awareness, research, funding, and community support are critical to advancing treatments, improving quality of life, and ultimately finding a cure. And whereas the City of Opelika remembers with deep respect the life of Doctor Robert Lofton, who faithfully served the citizens of Opelika as a member of the City Council for Ward 3. Whereas, Doctor Lofton passed away on January 1st, 2022, after a courageous battle with ALS, surrounded by his loving family. And whereas he was a devoted husband to his wife of 49 years, Leela, and a dedicated father, a respected veterinarian, and an educator who mentored future veterinarians at Auburn University. And whereas Doctor Lofton was a man of deep faith, a teacher, a public servant, and a friend to many, known for his love of people, his service to others, and his commitment to making his community better. And whereas even in the face of Alesse, doctor Loftin demonstrated strength, dignity, and desire that his journey would bring glory to God and encouragement to others." I'll let you read the end. MAYOR EDDIE SMITH: "And therefore I, Eddie Smith, mayor of the City of Opelika, on behalf of Opelika City Council, do hereby recognize the month of May 2026 as ALS Awareness

Month and encourage citizens to support those affected by ALS through awareness, compassion, and advocacy with gratitude and sympathy of a thankful community that will never forget Doctor Lofton's contribution to this example. In witness whereof, I have set my seal. This fifth day of May, 2026." Thank you, Leigh. We love that doctor. SPEAKER: Let me get a picture. SPEAKER: Jody. MAYOR EDDIE SMITH: Jody. SPEAKER: It's OK. JODY: Do what? MAYOR EDDIE SMITH: Want to get a picture. SPEAKER: One, two, three. Alright. MAYOR EDDIE SMITH: Thank you all very much. SPEAKER: One second. Hold on. One second. Here. One, two, and three. SPEAKER: Alright. SPEAKER: (UNKNOWN) So much. SPEAKER: Thank you. CLERK RUSSELL JONES: OK. Yes, sir. PRESIDENT GEORGE ALLEN: Agenda related comments, Mr. Jones.

CLERK RUSSELL JONES: OK. Now's the time. If you'd like to speak to the mayor or the council about anything that is currently on the agenda tonight, please come to the podium to my left. If you have not, please sign the sign-in sheet with your contact information. If you do speak, please state your name and your address, and keep it to three minutes or less. Thanks. DANNY NELSON: Hello, my name is Danny Nelson, and my address is 714 Second Avenue. I know oftentimes people just come to you guys with complaints about things, and I just am here to recognize the personal touches that actually happen within this group of people. I especially want to acknowledge Councilwoman Holmes and Councilwoman Whatley. And also our city Clerk, Russell Jones, because I do interact, because I am a busy body within the community, I oftentimes am just up to things that other people aren't. So there's a lot of times irregular kind of favors that I'm asking or allowances that I'm asking. And so it's not strange to maybe get a weird email. And sometimes those emails are weird, and you're like, "Oh, no, this isn't gonna happen." And, you make some calls, and it's late in the afternoon. And I just wanted to note that these councilwomen were so responsive and so kind to what ended up being a scam. And luckily, because our city clerk is on top of things, was able to figure that out very quickly and like help me through that. And I just want to say thank you. I want to say thank you for being super professional about it. Talking to me, especially again late in the day, to make sure that if something strange was happening, everyone was aware of it. So I'm sure all of you guys got emails last night that

were about this strange scam email and just recognizing that that someone like, Mr. Jones who's working here is aware of kind of the modern issues that are happening in the city and these kind of security things that I think being that aware and on top of things like makes me feel really secure about where this city is and their kind of understanding of the daily interactions that they're having with their citizens and what's happening just in the wider world. So I don't mean to be like weird about it. I just there was a scam email I got that had to do with some city business, but I just wanted to recognize everyone who was involved. And thank you, guys, again for being aware and on top of those things. And also being the type of council that allows for oddities like me in our community that want to do things that I find to be enriching to, you know, the citizens of Opelika. So thank you, guys, so much. PRESIDENT GEORGE ALLEN: I have no other adoption of the consent agenda. Does any council member wish to remove any item from the consent agenda and address it as part of our regular agenda? Hearing none, is there a motion to approve the consent agenda as presented? COUNCILWOMAN: So moved. PRESIDENT GEORGE ALLEN: Second. COUNCILMAN: Second. PRESIDENT GEORGE ALLEN: Any discussion? Having none, call the roll, Mr. Jones. CLERK RUSSELL JONES: (CALLS THE ROLL) All voted aye to approve the unanimous consent agenda. GUY TREECE: Thank you, Mr. President, and good evening, everyone.

The only ordinance we have tonight is for second reading to amend the zoning ordinance and map for 1502 Spring Drive, consisting of 1.5 acres from an R5 to C3. PRESIDENT GEORGE ALLEN: Is there a motion for approval? COUNCILMAN: So moved. PRESIDENT GEORGE ALLEN: Second. COUNCILWOMAN: Second. PRESIDENT GEORGE ALLEN: Any discussion? Having none, call the roll, Mr. Jones. CLERK RUSSELL JONES: (CALLS THE ROLL) PRESIDENT GEORGE ALLEN: Thank you, Mr. Treece. Second roster of public comments. CLERK RUSSELL JONES: Alright, (UNKNOWN) if you'd like to speak, the Council, please come to the podium. Please state your name and your address. If you speak, please keep it to three minutes or less. ALLISON KOVAK: Hi, I'm Allison Kovak 1022 Renfro, Opelika, I know in previous city council meetings, when I've spoken, city Council members have done their best to assuage my fears and said that the city is not, as far as they are aware, currently working on a data center. And every week, I feel like I just see more and more and more stuff surrounding us on this topic. Like, there's a huge fight going on in Columbus over one, and the people in Montgomery aren't super happy about it. And Auburn has two, and we're in a drought, and they're restricting water. Anyhow, my concern is that essentially just saying we're not aware doesn't seem like enough to assuage our public concerns.

Everyone I talked to is kind of uneasy about it, just watching it unfold everywhere else. And I guess my ask would be, is it possible, or will the City Council speak to any kind of preventative measures that y'all are willing to work towards? Because I know a lot of cities and states even are working on protections because they don't want to deal with the negative ramifications that this could have on their town. So I would love to know if you guys would be willing to work on kind of assuaging our public concern by working on prevention. Thank you. SUE ELLEN: Sue Ellen, 910 David Street. I also had concerns about data centers that I have addressed before. Especially since, as of last week, I've heard that West Point, Lagrange, Tallassee, Newnan, Columbus, Grantville, Moreland, Montgomery, and Lake Martin, and Carrollton all are either have data centers coming. They're fighting data centers. And, May 1st, New York Times article titled Opposition to Data centers. The most bipartisan issue since beer is pretty telling in which, in the article, they say that residents often discover data center projects in their own town through quiet rezoning requests by companies no one recognizes. Small town boards are often outmatched compared to wealthy companies in a hurry to break ground, and they're

shocked by the sheer scale of the proposals, the suddenness with which they appeared seemingly, and the secrecy surrounding them. An article on Good Jobs First in April said that the hidden costs of Virginia's data center subsidy, and how is titled The Hidden Cost of the Data Center Subsidy and How They Undermine Public Schools in Virginia. Now, Virginia has tons of data centers, and this article points out how they've reduced the sales tax collection by $1.2 billion in 2024, and that led to $267 million lost state revenue that would have gone to schools. The Milwaukee Journal Sentinel has a great article about how closed-loop water cooling not only does not consume less water, it consumes more water, and it also pollutes more. She has a great, great article about that in The Rolling Stone has an article about Amazon, agreeing to pay $20.5 million over how its data centers polluted water supplies, causing debilitating conditions in newborns and increased rates of cancer. The Amazon denies that, of course, but they did pay $20.5 million, and just an overview, NPR, political AP, Fox News, Countless times in April had articles about data centers and how they've become a flashpoint for local, state, and national elections. These articles citing affordability of water and electricity safety, environmental concerns, privacy concerns, and they call it like, the data center revolution. Like, there's such a grassroots effort because people are so upset about it, and I know you guys are busy.

We appreciate your service, and it takes time, I know, to look all this stuff up, but I thought that you would maybe want to be aware of it. Thank you. DUSTIN HOWARD: Dustin Howard 1022 Renfrew Avenue. I just wanted to kind of reiterate kind of what (UNKNOWN) was saying, if you guys can work towards a way to prevent these things, the state of Alabama seems to be waking up to it as well. Back in March, they had a hearing where they were passing Senate Bill 265, sponsored by Senator Andrew Jones, Republican of Alabama, and that bill that they ended up passing, limited the maximum exemption period for abatements available to data processing centers to 20 years beginning January 1st, 2027. Under current Alabama law, the largest data centers are eligible for abatements for up to 30 years. Current abatements open to data centers are set to expire in 2028. Senate Bill 265 would extend the sunset date for the tax incentives until 2032. In their talks, during that approval process, they pointed out that large data centers use up to 100MW or more of electricity yearly. And they also said they use a lot of water. Everybody thinks that, 'Yeah. Hey, it's just the power,' but they use a lot of water as well. Just pointed out that Auburn is in a drought. They're charging their citizens, you know, a 25% fee if they go over a certain amount of water usage, while they also have two small data centers there in Auburn that use a bunch of water. So the citizens are getting punished for these businesses that use way more water than any of the citizens do. I think that is pretty sad, and poor on their part. So I don't want it to be in that position, so much

like Senate Bill 265. You guys, please look into it. I would ask you guys to, hey, you know, try to put some things into place to keep data centers out here. I understand that data centers can bring a lot of income and a lot of money. State of Alabama said that they rank about 15th in the nation in their current incentives for bringing data centers to the state of Alabama. And that's what Senate Bill 265 was all about, trying to decrease those abatements to 20 years rather than 30 years, as they quoted, "To make the deal a little less sweet." So, let's, I guess, get on board with that and not make the deal sweet for these places and these data centers that can bring lots of harm to the community. Thank you. PRESIDENT GEORGE ALLEN: Good character trait of the month. Patience. The quality of being patient, such as the ability to wait for a long time without becoming annoyed or upset. And at this time, I entertain a motion to adjourn. COUNCILWOMAN: So moved. COUNCILMAN: Second. PRESIDENT GEORGE ALLEN: Call the roll, Mr. Jones.