[0:38] Good evening, Becky Newman, 5372 Parkplace. Um, I apologize now. I'm

[0:45] unable to say for the whole meeting, so I just want to make my comments. Um, I

[0:49] think it's important for this council to know that not every

[0:56] spectrum or area of Asbury is 100% on board with ATVs and UTVs going through

[1:05] their neighborhood. I think it's important that you know that we do

[1:10] understand the financial and economic boost that it

[1:14] would be great for Casey's and for the Eagles Club and the businesses along

[1:20] Asbury Road. I completely understand that and um I can't disagree with that.

[1:28] But my concern is having them in the neighborhoods.

[1:33] I live over by the park which has increased traffic tremendously over the

[1:39] last few years. This summer it was a very busy summer and it's great. The

[1:43] parks being used that's awesome but there is an increase of traffic. I'm

[1:48] also concerned that having them in the neighborhoods, not all of our

[1:52] neighborhoods have safe walkways. We don't have sidewalks in all the

[1:56] neighborhoods. And so that's another type of vehicle on the road with kids

[2:02] and adults, myself included, walking their dog in a short span to try to get

[2:07] to a sidewalk. So my concern are those things. And I

[2:13] would just like you to take that into consideration. If there was a, you know,

[2:17] like I said, I'm all for the economic boost along Asbury Road here. That's a

[2:21] main throwaway. That's a main traffic way. I'm just worried about the

[2:25] neighborhoods and our kids. Thank you.

[2:34] » Anyone else?

[2:45] Mike Brew 280 summer drive. You all said you did research on this.

[2:51] So have I. The average weight of an automobile is 4,420

[2:56] pounds. The average weight of a UTV two-seater is 1,200 to 2,000. That's

[3:03] 2,920 difference.

[3:07] A UTV with a four-seater to six-seater is between 2,00 to 33,200

[3:13] and the difference is 2500 to,200. Just minor fender bender with an auto in

[3:20] a UTV could cause serious injury to the people in a UTV with a weight

[3:25] difference. We had a traffic study about two and a half years ago. 8,000 cars a

[3:31] day go through our city. Why add UTV to the mix? We have electric scooters and

[3:37] electric bikes on the streets already. You say it's good for business. We have

[3:43] a Casey's and a bar. I don't think they will see a benefit. Tell us how this

[3:48] will make our streets safer. I don't think it does. Right now, we can say

[3:54] Asbury hasn't had a UTV accident to date. Some of you may not like the

[4:00] hearing this, but it is a fact. Your actions have consequences. By passing

[4:05] this ordinance, will you be able to say Asbury won't have a UTV accident? I know

[4:10] by not passing this ordinance, you will be able to say that. Thank you for your

[4:14] time.

[4:26] » Hi, I'm Natalie Stoyer, 5373 Parkplace, and I just had a few comments for you.

[4:34] Um, I would encourage the city council to consider implementing UTV ordinance

[4:38] as a one-year pilot program rather than making this a permanent change

[4:41] immediately. There has been a lot of discussion on both sides about safety

[4:45] enforcement, economic benefits, and the impact on residential neighborhoods. But

[4:50] right now, much of that discussion is based on what we think will happen. A

[4:56] pilot program would give Asbury the opportunity to collect Asbury specific

[5:00] data, including accidents, citations, um, resident complaints, enforcement

[5:05] issues, and any measurable impact on local businesses. Uh the city could also

[5:10] consider designated routes or additional restrictions around parks, schools,

[5:14] trails, and heavily residential areas during that trial period. Uh at the end

[5:19] of the year, the council could review that information and decide whether the

[5:23] ordinance should continue, be modified, or if it should end. I'm not necessarily

[5:28] opposed to allowing UTVs in Aspbury. I just think that when we make a

[5:32] significant change involving our city streets and public safety, we should

[5:36] give ourselves the ability to test it and measure it and make the long-term

[5:40] decision based on actual data from our own community. Thanks for your time,

[5:57] 2348 Sprucewood. Um, I just want to address a couple things. ATVUTV Alliance

[6:03] has been putting out a lot of information on their Facebook site and

[6:07] none of it is favorable um to the people who came to speak. Um, I haven't gone on

[6:12] my Facebook to badmouth anybody on ATV Alliance. I don't know why they have to

[6:16] go on there and make comments about Sprucewood Drive. I'm not just concerned

[6:21] about Sprucewood Drive. I'm concerned about our community. So I'm just going

[6:25] to give you statistics for the last two weeks. On August 8th, 26, you're all

[6:31] aware, Worthington accident where seven people were involved in UTV accident,

[6:36] leaving one adult, one child dead, four seriously injured, two were lifellighted

[6:40] of that group and one minor injuries, which was the car driver. In August um

[6:46] 17th in Lafayette County which is just across the river um a Debuke driving the

[6:52] UTV rolled her passenger a 23 year old from Belle View died and the other after

[6:58] being lifellighted on August 21st in Grant County again

[7:02] just across the river um two um were seriously injured one was

[7:09] airlifted and no fatalities that was in a two-eek period.

[7:16] I'll leave it at that. Oh, as for the comments on the ATD Alliance, um stating

[7:20] that we didn't comment when it was we were talking about bikes and scooters

[7:25] and that thing. Yes. Um I and lots of people in Sprucewood did talk to our

[7:30] police chief personally about our concerns about them being allowed on the

[7:36] sidewalks and you guys passed a good ordinance to lower that speed limit and

[7:40] to make it a little safer. Thank you. Anyone

[7:56] else?

[8:01] » You have anybody online? >> Um, wait.

[8:06] Oh, that's the I'm letting in the T the TH reporters coming in online.

[8:11] » Okay. All right. Thanks everybody for your

[8:14] comments. We can't address them directly. So after the meeting, if you'd

[8:18] like to stay around, I'm sure we'd be able to talk about what your thoughts

[8:22] were. Um, now we have consent agenda ahead of us. Have a motion to approve or

[8:28] something for >> I'll make a motion to approve the

[8:33] consent agenda. >> I second.

[8:36] » Motion to second. Any discussion? Hearing none. Roll call, please. Sheml.

[8:41] » Hi, >> Domer.

[8:43] » Hi, >> Eastling.

[8:44] » Hi, >> Miller.

[8:47] » Hi, >> Rice.

[8:49] » Hi. >> And now we have a public hearing for the

[8:52] 2026 wastewater treatment facility storm water improvement project. I have a

[8:57] motion to open the public hearing. >> So moved. Second.

[9:01] » Have a motion. Second. Any public input on this issue only?

[9:08] Hearing none. Seeing none,

[9:12] you want to you going to cover it?

[9:17] » Yep. Um the plans and specifications were uh posted with the agenda. Um the

[9:22] estimate I did not see the number in there, but it is just shy of 190,000 uh

[9:27] dollars for this work, which I believe 200,000 was budgeted in the CIP. Um,

[9:32] this project again is just a storm water project over at the wastewater treatment

[9:37] facility site uh to improve uh some significant erosion on the the western

[9:42] hillside there. Um, and improve water quality and easier maintenance for

[9:47] Blaine and his guys to take care of that as well. Um, we'll plan to open bids

[9:51] here. Um, I think it's in a I think it's next week. Um, I'm trying to get my

[9:56] meeting straight because I know we might miss a a week here, but um, anyways,

[10:00] we'll have bids. um for you to consider. Then at the uh first meeting in

[10:04] September once we open those I think when I last

[10:08] checked there were seven prime biders that had pulled plans uh for this

[10:12] project. So there is some interest in the project uh right off the bat. So

[10:16] unless you have questions recommend moving forward plans the uh estimate and

[10:22] specifications have a motion to close public hearing.

[10:27] » So move second. >> All in favor? I

[10:30] » I opposed passes. Now before you have resolution number 84, 2026, a resolution

[10:37] approving the plans, specifications, form of contract, an estimate of cost

[10:41] for the 2026 wastewater treatment facility, storm water improvements

[10:46] project. Any questions for Nate or have a motion?

[10:54] I'll make a motion approving resolution 84 of 2026, a resolution approving plan

[10:59] specification form of contract nesting cost for the 2026 wastewater treatment

[11:05] facility storm water improvements project.

[11:08] » Second motion to second. Any further discussion

[11:13] hearing? None. Roll call, please. >> Sheml

[11:17] » I. >> Joe,

[11:18] » I >> Miller

[11:21] » I. Rice. >> I passes 5-0.

[11:25] Move on to new business. Ordinance number eight of 2026, an ordinance

[11:28] amending the code of ordinances, city of Asbury, chapter 75, off-road utility

[11:33] vehicles and snowmobiles and repealing provisions inconsistent therewith.

[11:38] Second read. Have a motion. Is there discussion?

[11:48] Make a motion to uh approve ordinance number eight of 2026, an ordinance

[11:53] amending code of ordinance of the city of Asbury, chapter 25, chapter 75,

[11:59] off-road utility vehic.

[12:04] Any further discussion

[12:08] hearing? None. Roll call, please. B. >> Shemmo.

[12:12] » I. Keling >> I

[12:16] » Miller >> I

[12:17] » rice >> nay.

[12:18] » Delmire >> nay.

[12:20] » Passes three to two. >> There a motion to wave the statutory

[12:25] rule required set ordinance to be considered and voted on for passage at

[12:28] three council meetings prior to the meeting in which it was finally passed

[12:33] be suspended. >> I'd like to be brought back if possible.

[12:36] I'd >> like to make the motion to approve this.

[12:39] » Second >> for final passage.

[12:41] » Second. I thought, >> okay, are Kurt or Craig, just to

[12:45] clarify, you want to >> Oh, you want We have to vote on his

[12:48] » wave the statutory rule. >> Yes, I want to wave the statuto rule.

[12:53] » And that's what I second. >> I thought it I thought the mayor's

[12:58] always said if council didn't want wanted to bring them back, they would

[13:01] bring them back.

[13:08] » What's that? vote >> the vote would be three to two in your

[13:12] favor. >> No, it wouldn't that three to two vote

[13:16] would not pass it. >> That's correct.

[13:18] » That's a state law that has to you have to have four votes to wave a reading.

[13:24] » I don't know that Beth, do you know? >> Yeah, you do have to have four to wave.

[13:28] I mean, when this vote goes through for waving, it has to be four to one.

[13:32] » Okay. So what do we do with the motion and resend it or

[13:35] » No, he can do the motion and in a second and we can take the vote and if it's not

[13:39] four to one then it doesn't pass >> is coming back for the third reading.

[13:44] » Okay, we have a motion and a second. Um I'm going to call roll call on that.

[13:50] » Sho >> I

[13:53] » Miller >> I

[13:55] » rice >> nay.

[13:56] » Billy >> nay.

[13:58] » It fails for not having a four vote. So, we'll bring it back next week or in two

[14:04] weeks. Um, then let's move on to the request for financial assistance. But

[14:15] yeah, I really don't uh know much about this. This is something I think where

[14:19] Lloyds is requesting some financial assistance for their landscaping. Um

[14:25] this is something that um typically we have not this is like a first unique

[14:30] request for this. So this is really up to the council's discretion if you know

[14:35] you want to approve it not approve it or you know table it and set up some rules

[14:42] and talk about it later. So it's open for discussion.

[14:46] » Well what's the basis for the request? just to have financial assistance with

[14:51] the all the cost they had to, you know, start up the business.

[14:55] » We don't have any formal program or anything.

[14:58] » That's correct, Russ. We do not. >> So,

[15:01] » yeah, I I feel the same. I think I feel the same as you do, Russ. This sets a

[15:05] precedent and and I I I think that it's a bad it's a bad vibe. Not that I don't

[15:11] want to help them out. I mean, they came to me individually. I probably help them

[15:16] out. But uh yeah, I don't think that this is uh where the taxpayer money

[15:20] should be going at at this point in time. I mean, is there anybody here to

[15:24] » No, not right now. >> Okay. Then

[15:27] » and and is the council I guess on discussion here, is the council

[15:31] interested in, you know, maybe exploring some type of

[15:35] program that we can do business assistance.

[15:38] » This this would be like an addition to TIF programs through that.

[15:41] » That would be an addition. Yes, sir. Yeah, that's

[15:46] » well if we if we start doing it for one business and everybody's going to start

[15:49] coming around this like if if this was if this is for landscaping or something

[15:54] like that then >> that should have been in their budget I

[15:59] would say you know just like they got the furniture and just like they got the

[16:02] equipment that should have been well they come up a little short well I mean

[16:07] that's just like any other project that you know hopefully they get enough

[16:11] profit at some point to are, you know, scattering them here and there, you

[16:15] know, and it I've drove by it a couple times this past weekend. It's been

[16:20] packed. It looks nice to me. I mean, that's just my opinion.

[16:29] » So, we need a motion to pass it or to turn it down.

[16:32] » Correct. >> I'll entertain a motion to either

[16:36] approve or deny. And >> I'll make a motion to uh deny the

[16:40] request at this time. I second.

[16:44] » Motion to second. One roll call, please. >> Shemmo.

[16:48] » I don't. >> The motion's deny right now.

[16:52] » Yes, it is. >> I for a yes or a no.

[16:57] » Yes or no?

[17:01] » I >> Miller.

[17:03] » I >> I

[17:06] defeated 5 Z. Next we have resolution number 85 2026. a resolution approving

[17:12] pay application number five for the Hales Mill Asbury Road and Hails Mill

[17:17] round road roundabout project made. >> Yep. Um so just an update on the

[17:22] project. Um things have been going pretty well here lately. Uh I know

[17:26] school started this week and it sounded like I heard before the meeting Tom said

[17:30] traffic went all right first day of school. So that's good to hear. Um

[17:35] they're going to tomorrow pour the red color concrete within the uh eastern and

[17:40] western uh splitter splitter islands and then also in the uh truck apron uh

[17:45] within that center island as well. You can see that's formed up. They did that

[17:49] today. Um so that work will all happen tomorrow. I think they're going to bring

[17:52] in a pump truck to do all that. So it' be entertaining to watch. But uh they're

[17:58] getting close to having all the concrete wrapped up here. Um they did some of the

[18:01] seating earlier this week. turn scenic came in and did that. So things are

[18:06] winding down. I'm not quite sure on a date yet for getting things really

[18:11] opened up all the way. There's still landscaping to do in the center island

[18:14] and that. So there's just, you know, but we're getting closer. So with that being

[18:19] said, um this pay request from Valentine Construction is in the amount of

[18:24] $241,3752.

[18:28] Uh that includes primarily um work from the paving uh some excavation, final

[18:33] grading, uh sidewalk replacement, uh curb and gutter and driveways. Um then

[18:39] also some of the uh street lighting as well because the lights are all up now.

[18:43] Unless council has questions, uh we'd recommend approval of pay request number

[18:48] five for Valentine Construction. >> Nate, I do have a question. Sure. um uh

[18:53] what we were talking about informally, I guess. Uh what's the is is Valentine

[18:59] responsible for the signage that's supposed to go up? Because I mean

[19:01] there's temporary yield signs. So when this who's responsible for those signs

[19:06] and when are they going to go up? >> Yeah, that's part of the project. And

[19:09] all the permanent signage will be installed before all the temporary

[19:14] traffic control is pulled. So that will be up before everything is opened like

[19:20] fully. Okay. Thank you.

[19:26] » Have a motion. >> I'll make a motion to approve uh

[19:29] resolution number 85 2026. Uh resolution approving pay application number five

[19:34] for the Asbury Road and Hails Road Roundabout.

[19:38] » Second. >> The motion is second. Any other

[19:42] discussion? Hearing none and roll call, please.

[19:46] » Shemmo. >> Immer.

[19:49] » Hi. >> Eastling. I Miller.

[19:51] » Hi, Rice. >> I Next we have resolution number 86 of

[19:56] 2026 resolution approving pay application number one to the 2026

[20:00] asphalt overlay and water main project. >> Yeah, Midwest Concrete update here. Um

[20:06] has most of the water man work uh completed. Uh for the project they're

[20:11] they've been working on service lines on Meadow Court this week. Uh and then

[20:16] they'll be making a tiein um this week as well for that. And uh that should be

[20:23] close to wrapping up the water man. There is a hydrant they have to put in

[20:26] yet as well. But they're getting there with the water man. Uh you probably saw

[20:30] the mill around town today if you were out and about. Um they mil all of the

[20:34] streets that are going to be getting milled and overlaid except for Asbury

[20:39] Circle which they're going to be doing tomorrow with the milling. And in

[20:43] talking with the contractor today, it sounds like River City will be in to

[20:46] start paving next week is kind of the way it sounds. So things are really

[20:51] moving there. Um making a lot of progress. With that being said, the uh

[20:57] pay request for Midwest Concrete is at $170,74182.

[21:02] And that's primarily all just for that uh water main work and then a portion of

[21:07] the mobilization, traffic control, and erosion control items.

[21:12] Unless council has any questions, we'd recommend approval of the first bay

[21:16] request for Midwest Concrete. >> Nate, just one question. Uh I know when

[21:21] uh we're talking about the water made replacement. How many of the water

[21:25] laterals have been able to be reused or have they had to replace them all?

[21:29] » The only ones that were able to be reused were ones that were replaced

[21:34] recently because of a break. And even of those, there was maybe three, there were

[21:40] three or four we're able to and some people elected to

[21:44] not do that as well given the option and decided to just have it in place.

[21:49] » Thank you. >> Any other questions?

[21:54] » Otherwise, do I have a motion, please? We'll make a motion to approve

[21:57] resolution 86 of 2026. Resolution approving pay number one for

[22:02] 2026 asphalt overlay project for the amount of 1,170,741

[22:11] and 82. I'll second that. Have a motion and

[22:16] second. Any further discussion hearing? None. Roll call, please. She

[22:22] » I do. >> I

[22:25] » Miller. >> Hi,

[22:26] » Rice. >> Hi.

[22:28] » At this time, we'll take public comment on anything not previously discussed.

[22:32] Anybody want to come forward, talk about anything else?

[22:37] Nobody online. Okay, we'll move on to reports. Anything want to be held or

[22:43] comments about reports? Otherwise, I need a motion. I I I guess the question

[22:47] I have is we've got the data center ordinance information in there. You want

[22:51] comment. You want comments on that?

[22:55] » Yeah, I would like to say a few things about that. Um in

[23:00] earlier this summer, I think it was May or June the city council, you know, did

[23:04] a moratorum resolution for data centers. Since that time, the planning and zoning

[23:10] meeting committee has had two meetings where we specifically

[23:15] discuss you know data centers. The first meeting was more kind of factf finding

[23:18] of you know maybe like the pros and cons and the things that people want to be

[23:22] aware of. At our last meeting, we had uh Eric Schmeckle come and he talked he

[23:29] gave the presentation that he gave at the Debute County meeting that um

[23:33] discussed um data centers, the watershed and effect upon water and that uh

[23:42] included in this information there's a whole big box of information. So these

[23:46] this is information that has been presented um to to the planning and

[23:51] zoning commission you know regarding data centers. Um, we have an Alliant,

[23:55] you know, when Alliance thinks about it. There's a University of Georgia data

[24:00] center impact. Um, there's Eric's presentation and then, um, there's a the

[24:08] Debut County their concerns and ordinance standards that they have out

[24:11] their website for 2026. Um the discussion that concluded at the

[24:18] planning and zoning commission meeting um last week was they wanted to look at

[24:24] you know what do we can we ban data centers you know what do we want to have

[24:28] in or in an ordinance we have it you know if we have data centers so I

[24:32] reached out to Pat O'Connell from Lynch Dallas firm and uh he has agreed to um

[24:40] do work with us on a work session. and I thought it was time to bring the city

[24:44] council in with the planning and zoning commission. So before the September 22nd

[24:50] meeting, um Pat O'Connell will be here to you know present the council with the

[24:55] you know kind of the legalities of you know when we're looking at a data center

[24:59] ordinance. >> Thank you.

[25:02] » Any further discussion or could I have a motion to accept the reports?

[25:06] » I'll make a motion to accept the reports.

[25:09] » I second. >> Motion to second. Any other discussion?

[25:13] Otherwise, all in favor? >> I

[25:16] » opposed. Passes 5. Russ, do you want to start with round

[25:20] table? >> I have nothing today.

[25:34] » Uh, not at this time. Uh, I guess the only thing that I would

[25:40] say is um, if anybody wants to talk to me about my decisions with the UTV after

[25:46] the meeting, please feel free. I'll I'll stick around. Anybody want to talk?

[25:52] » Yeah. Um, just a few things um, mainly on the UTS. Um, one thing is

[25:58] on either side all around uh, we need to be respectful to each other. Uh, do not

[26:04] be boastful or vengeful. Uh be kind in public and on social media or stay off

[26:09] it all together. Do not target certain groups or individuals. We all live in a

[26:13] drive in the same community. You have nothing good to say. Don't say it at

[26:17] all. Don't be a bully. Um do not act out against or target individuals or groups.

[26:22] You know, no rule of rage if this does pass. Um if you see UTV, do not create a

[26:27] situation that could make you and Asbury the next news story or statistic and

[26:32] cast a shadow on yourself, family, or the city. Um, let the police department

[26:36] handle any situation, no matter the vehicle. Um, it's in their hands. Do not

[26:40] take matters into your own. Follow the correct procedure. If you do witness or

[26:44] an unsafe act with anything, any vehicle or any uh situation, report it, if it is

[26:51] viable, don't be an instigator. Um, if this does become a problem, we can

[26:55] revoke it at any time. And Asbury was voted number one community. So, let's

[27:00] strive to be the number one safest community. It all starts with the

[27:03] reflection in the mirror. you are the operator of your vehicle. No matter what

[27:07] vehicle you drive, be responsible and follow the law.

[27:12] So, I just like to uh welcome Lloyds to the

[27:16] community. We have a new business in town, Pizza Place. Please uh try to

[27:22] support it. Uh Beth, you want to go with the other business, please?

[27:27] » Yes. Um something came up uh you know for on the recruitments today and a

[27:34] question what came up is like for some of these um candidates if this council

[27:39] would be uh interested in you know reimbursing some of their travel

[27:43] expenses. Um, I did a little calculation today

[27:47] for, you know, a couple of them. And, you know, I I think $500 is probably,

[27:53] you know, reasonable to cover travel, potential night in a hotel, and maybe a

[27:58] meal. I didn't know council was okay to approve that or move forward with that

[28:04] with the candidates that we have. >> How many candidates?

[28:07] » Um, we'll have potentially four. I'm thinking possibly two would be, you

[28:13] know, traveling from further than, you know, 100 miles away.

[28:20] » You're talking 4 500 each. >> No, be it' be it would be up to $500

[28:28] and probably two of them wouldn't take anything. They're more local.

[28:35] » Do you need a motion or something? >> No, I just just kind of consent here.

[28:39] a promotion kind of late in the day promotion

[28:44] » if you're not opposed I guess I think that I mean I I'm not opposed that

[28:48] » seems like a reasonable amount transportation and lodging

[28:55] » and you're expecting that 19th to last six hours eight hours what

[29:00] » well and that's another question is I we we have this we had in the in the

[29:04] contract to do like the interviews on Saturday um we had a conversation

[29:09] um to see if you know people would want to do it Friday. So I was just I'm also

[29:14] checking with the council. Would you rather have the interviews on Friday or

[29:18] Saturday? I know Mark you work so I know you're

[29:22] probably the >> would have to be after like 30

[29:26] » this would be something we would be doing all day.

[29:29] » All day. >> Yeah.

[29:31] Saturday I guess.

[29:36] Well, one of the things of running it on a Saturday that we discussed was that

[29:42] you have city staff who are involved in the interview process as well who they

[29:47] would be uh work spending an additional day

[30:00] one day is more conducive. >> What's that?

[30:02] » One day is more conducive just a Saturday. Keep the 19.

[30:07] » Keep Saturday. >> Yeah. And I would anticipate I think

[30:10] with the schedule we're looking at you probably be here about 8:30, probably

[30:14] wrap up at 3:34. So it's it's going to be a full day, but you'll probably get

[30:19] some snackies for breakfast and lunch out of it, too. So excited.

[30:26] » So we're going to go with Saturday. >> Yeah. And then do you want to comment on

[30:29] the uh September 8th meeting? >> Yeah. September 8th is a schoolboard

[30:34] election. So they'll be in this room same night as council. So we'll be

[30:39] moving the meeting to the meadows the lower level.

[30:43] » That'll be posted highlighted some >> that'll be posted highlighted

[30:48] » somebody >> underlying bold

[30:50] » on your next uh

[30:55] » text message. >> Sorry Kurt.

[30:58] » Anything else? >> I you I owed you.

[30:59] » That's all sir. >> Can I have a motion to adjurnn please?

[31:02] So moved. >> Second.

[31:04] » All in favor? >> I opposed. We stand ajourned. Thanks

[31:08] everybody.

City Council Meeting - Aug 25 2026

Transcript