BY MICHELLE KEY
FOR THE OBSERVER
OPELIKA —The Opelika City Council approved a little more than $7.6 million in construction contracts for three road and infrastructure projects during its July 7 meeting.
The projects included construction on Bridgewater Boulevard, improvements to Hi-Pack Drive and the Mill Village roundabout and roadway improvement project.
The council awarded a $1.53 million contract for the Bridgewater Boulevard project and a $2.82 million contract to grade, drain, base and pave Hi-Pack Drive. Council members also approved a $3.34 million bid for the Mill Village roundabout and roadway improvements.
Consent agenda
The council approved the following items as part of its consent agenda:
- A temporary street closure for Foundry United Methodist Church’s Bible school July 22, 23 and 24.
- A $1.53 million bid from JLD Enterprises LLC for construction on Bridgewater Boulevard.
- A $2.82 million bid from AGX Siteworx to grade, drain, base and pave Hi-Pack Drive.
- A $3.34 million bid from AGX Siteworx for the Mill Village roundabout and roadway improvement project.
- Expense reports from various city departments.
- A $42,970 Panasonic hardware management service agreement with CDW Government LLC for the city’s information technology department.
- The purchase of two-way radios and related equipment from Motorola Solutions for the Opelika Fire Department for $71,260.
- An amended employment contract with Patrick McCulloch of the Opelika Police Department.
- Tax abatements and exemptions for BS Logistics America LLC. The company plans to invest approximately $1.2 million in improvements to its existing facility, including building upgrades, new manufacturing machinery and additional equipment such as computers and other nonmanufacturing assets.
- Tax abatements and exemptions for Yongsan Automotive USA Inc. The company plans to invest approximately $4.46 million in improvements and additions to its existing facility. The project will include building upgrades, new construction, manufacturing machinery and other equipment, including computers and nonmanufacturing assets. It is expected to create approximately 68 new jobs.
- An application to FEMA’s Building Resilient Infrastructure and Communities grant program for the $25 million North Park sewer improvements project. The grant could cover up to 75% of eligible costs, capped at $20 million. The city would provide a $6.25 million local match from its unassigned fund balance.
- A $26,500 proposal from Hydro Engineering to update the city’s stormwater management plan.
- A right-of-way acquisition agreement for the Sharp Street and Sportsplex Parkway extension projects.
- A $1,500 special appropriation to The Curtis House.
- The appointment of Monty Newport to the Board of Zoning Adjustments for a term expiring Feb. 11, 2027.
Resolutions
- Council members held a public hearing concerning a weed-abatement assessment at 606 Dogwood Ave. The council later approved the assessment.
- The council separately approved emergency response, rescue and ambulance service agreements for the Opelika Fire Department. The item was removed from the consent agenda to allow Council Member Chuck Beams, who is employed by the hospital, to abstain from the vote.
Ordinances
– The council also approved an ordinance rezoning approximately 18.34 acres in the 3400 block of Birmingham Highway from R-4 residential to C-2 commercial with a gateway corridor overlay.
– An annexation petition involving property at 6571 U.S. Highway 431 North was introduced for its first reading. The petition was submitted by Ernest Gunn Jr., Armuriel Gunn Dumas, College Dade Gunn Holloway and Mary Ann Gunn.
The council suspended its rules to vote on the annexation ordinance during the same meeting and then approved it.
Public comments
During the public comments period, Tiffany Hilyer, president of the Lee County Cemetery Preservation Commission, addressed city officials about the commission’s request for an ordinance establishing protective buffer zones around rural cemeteries.
“Exactly one year ago, I stood before you and asked for a municipal ordinance establishing a physical buffer zone around our city’s rural cemeteries,” Hilyer said. “Our goal was simple: protect our ancestors, early settlers, veterans from being encroached upon by development.”
She said Mayor Eddie Smith directed city staff to draft an ordinance, but the proposal has not moved forward.
“A little over one year later, we are at a complete standstill,” Hilyer said. “We have been told that the city attorney is currently blocking the ordinance. The reason given is that supposedly a protective cemetery buffer is redundant because a state law already provides this protection.”
Hilyer disputed that explanation and said the commission contacted the Alabama Historical Commission for clarification.
“Respectfully, this claim is entirely incorrect,” she said. “We directly contacted the Alabama Historical Commission, the state’s highest authority on historic preservation and cemetery regulations. Leanne True explicitly confirmed to us that no state law, regulation, or mandatory buffer exists in Alabama.”
She said current state law addresses the desecration of graves after damage occurs but does not establish setbacks or other protections intended to prevent damage during nearby development.
“While state law does make it a felony to physically desecrate a grave, it contains zero provisions regarding setbacks, grading lines, buffers,” Hilyer said. “Right now, a developer can legally operate a multi-ton bulldozer six inches from a historic headstone, and the severe vibrations can shatter the markers.”
She also raised concerns about erosion, altered water runoff and the potential destruction of unmarked graves located outside historic fence lines.
“State law only punishes for the damage after it happens,” Hilyer said. “There’s nothing to prevent it.”
Hilyer asked the city attorney to identify in writing the specific section of Alabama law that establishes a mandatory cemetery buffer. She also questioned why such a provision, if it exists, is not being enforced. If no state law creates such a buffer, she asked the council to move the proposed local ordinance forward.
She closed by urging city leaders to place the ordinance on a future agenda.
“Opelika prides itself on its rich heritage, but heritage requires active preservation, not administrative delays,” Hilyer said. “We have waited over a year. We ask that this legal contradiction be resolved immediately and that the mayor and council direct the planning department to add the buffer ordinance on the next meeting agenda.”
