Glines stated that the panes are a 6.5 – 7 feet height which is below the 10 foot maximum requirement per the City’s ordinance. In response to Alderman Berkowitz’s question, Mr. Glines stated that the system will be 24 feet and will sit in the back yard where there is an existing 6 foot privacy fence. In response to Alderman Garnholz’s question, Mr. Glines explained that the height of the panels would not be straight up-and-down, but more angled to capture the solar sun. In response to Alderman Boulton’s question, Mr. Glines stated that installation will not require tree removal. In response to Mayor Sanger’s question, Mr. Glines stated that any reflection off of the solar panels will primarily be no different than any other structure (i.e. pool, etc.). Alderman Garnholz noted that the existing fence needs repair. In response to Alderman Boulton’s question, Mr. Glines stated that the system has a 25 year warranty which will require very little, if any, maintenance. He added that the battery has a 10 year life expectancy, producing four kilowatts per hour when needed. In response to Mayor Sanger’s question, Mr. Glines stated that although the system can power the whole house during an outage, the intention is to only power up major appliances when needed. Phil Judd, representative of EFS Energy confirmed. In response to Mayor Sanger’s question, Susan Istenes confirmed that all guidelines have been met per the City’s ordinance. Mayor Sanger closed the public hearing.

In response to Mayor Sanger’s question, Susan Istenes confirmed that all guidelines have been met per the City’s ordinance. Mayor Sanger closed the public hearing. Alderman Garnholz moved to approve Resolution No. 16-13, a conditional use permit for 7424 Cromwell Drive. Alderman Boulton seconded. The motion passed on a voice vote of 5 – Ayes; to 1 Nay-Alderman Garnholz.

Alderman Boulton seconded. The motion passed unanimously on a voice vote. A PUBLIC HEARING TO CONSIDER A SPECIAL DEVELOPMENT SUBDISTRICT FOR THE PROPERTY ADDRESSED 8125 FORSYTH BOULEVARD

Mayor Sanger noted that the public hearing is open and continued from the June 14 meeting. Mayor Sanger explained that during the June 14 meeting the testimony received from different experts was so diverse that the Board asked staff and legal service to research information. He asked that City Attorney O’Keefe to provide a brief summary/explanation of his research to the Board and audience. City Attorney O’Keefe first thanked the interested parties for providing lots of information all of which was very helpful. He received a packet of materials and supporting documents from Mr. Feder on behalf of Shaw Park Plaza,and materials from Apogee/Apex Oil, which included copies of a court judgement involving some of the properties from 1998. He expressed his appreciation for everyone’s cooperation. He explained that what he tried to do was to summarize as best he could in a graphic format (copy attached) what is an attempt to sort out what he believes to be the rights of entitlements and ownership interests in the available parking within the development site. He said that the “bottom line”,is that the documents appear to suggest to him that the owners of the properties identified as lots 4, 6, 7, 3, 5, and 2 in the Special Development District have easements and contractual rights to 1,371 parking spaces within the central garage.

He explained that what he tried to do was to summarize as best he could in a graphic format (copy attached) what is an attempt to sort out what he believes to be the rights of entitlements and ownership interests in the available parking within the development site. He said that the “bottom line”,is that the documents appear to suggest to him that the owners of the properties identified as lots 4, 6, 7, 3, 5, and 2 in the Special Development District have easements and contractual rights to 1,371 parking spaces within the central garage. There are a total of 2,134 spaces in that garage and it appears that 821 spaces are consumed or allocated to the Region’s Center, which is lot 1, and is under common ownership with the central garage. Of the 821 spaces allocated, and according to Crest Management, it appears 169 spaces are located within the Regions’ Center’s own building’s footprint. Therefore, lots 2,3,4,5,6,7 have a total of 1,371 spaces entitlement in the garage, which are unallocated/unreserved spaces, but have a right to that many cards to have access, and parking spaces to use.

1,371 out of 2,134 leaves 763 spaces to which he does not have documentation. Of the 763 it appears Regions has either 821, or viewed in light most favorable to the availability of spaces - 652 spaces according to Crest Management. For these purposes 652 of the 763 spaces leaving 111 spaces constructed and extent in the Central Garage that he is not aware of anyone having a legal claim.