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1 ************************************************ Unified Government of Athens-Clarke County, Georgia Tuesday, October 1, :00 P.M. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in regular monthly session. Present: Mayor Denson; Commissioners Lowry, Sims, Maxwell, Wright, Bailey, NeSmith, Hoard, Herod, Girtz, and Hamby. No one was absent. A motion was made by Commissioner Bailey, seconded by Commissioner Sims, to approve Minutes of meeting of Tuesday, September 3, The motion passed by unanimous vote. Written communications There were no written communications. Old business - Consent Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken. Citizen input There was no citizen input. A motion was made by Commissioner Sims, seconded by Commissioner Herod, to consent to action on the following five items. The motion passed by unanimous vote. 1. APPROVE: Staff initiation of the process of abandoning the roadway of Old Barnett Shoals Road that formerly ran between Old Lexington Road and Barnett Shoals Road as shown in yellow on Attachment #1 of agenda report dated September 5, 2013.

2 2. APPROVE: The conceptual plan for the construction of five-foot wide bicycle lanes on both sides of College Station Road from Research Drive to Barnett Shoals Road, as shown in Attachments #1a and b of agenda report revised September 24, 2013; and authorize staff to develop preliminary construction plans for the project. 3. APPROVE: The proposed project concept for the Satterfield Park Renovation and Upgrades (SPLOST 2011 Project #18) as described in Attachment #1 of agenda report revised September 24, 2013; and authorize staff to advance the project to the bid and award phase in accordance with the approved project concept. 4. APPROVE: The proposed revisions to the SPLOST 2011 Program Tier Funding Schedule as per Attachment #1 of agenda report dated August 28, 2013; and authorize the Manager to implement further revisions to the SPLOST 2011 Program Tier Funding Schedule via the Notice of Proposed Administrative Action process. 5. APPROVE: Community Tree Council member nominations for a partial term expiring December 31, 2013: Ben Liverman Nina Wurzburger Old and new business Discussion Citizen input The following citizen input was received. 1. Paul Cramer, 431 Greystone Terrace, Classic Center Executive Director - supported Classic Center issuance of project debt. 2. Bill Douglas, 132 Riverbottom Circle, Chair Classic Center Authority - supported Classic Center issuance of project debt. A motion was made by Commissioner Hamby, seconded by Commissioner Hoard, to approve the Athens Downtown Development Authority (ADDA) list of events shown on Attachment #1 of agenda report dated August 23, 2013 for the FY14 Community Events Program. The motion passed with eight YES votes. Commissioners Bailey and NeSmith recused themselves. A motion was made by Commissioner NeSmith, seconded by Commissioner Wright, with regard to expanded parking and purchase of arena-style equipment at the Classic Center issuance of project debt: 1) deny approval of the proposed Intergovernmental Agreement; (2) direct that the Manager reject any interest rate proposals that have been received from financial institutions to provide funding to the Classic Center Authority in the amount of $5.4 million; (3) revise the prior approval of the conceptual plan for the Classic Center improvements (previously approved on September 3, 2013) to approve the proposed expanded parking

3 and purchase of arena-style equipment; provided, however, that such approval not include funding for an ice rink and related equipment, so that the approved funding for the revised conceptual plan shall be $4.2 million; (4) direct the Manager and staff to solicit interest rate proposals for the revised debt amount of $4.2 million and to develop an intergovernmental agreement between the Unified Government and the Classic Center Authority for such amount to be submitted to the Mayor and Commission for review and consideration at the November, 2013 regular meeting of the Mayor and Commission. A substitute motion was made by Commissioner Lowry, seconded by Commissioner Hamby, to: a. Adopt the Intergovernmental Agreement as per Attachment #1 of agenda report revised September 30, 2013 between the Unified Government of Athens-Clarke County and the Classic Center Authority authorizing the issuance of debt in the amount of $5.4 million to fund the projects for expanded parking and the purchase of arena-style equipment for the Classic Center; b. Authorize the Mayor and appropriate staff to execute all related documents; and c. Adopt the authorizing resolution. Following discussion Commissioner Hoard called for the question. The call for the question passed by roll call vote with Commissioners Lowry, Sims, Maxwell, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioners Wright, Bailey, and NeSmith voting NO. (7 YES; 3 NO) The substitute motion passed by roll call vote with Commissioners Lowry, Sims, Maxwell, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioners Wright, Bailey, and NeSmith voting NO. (7 YES; 3 NO) and the following resolution was declared adopted. RESOLUTION OF THE MAYOR AND COMMISSION OF ATHENS- CLARKE COUNTY, GEORGIA APPROVING AND AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE OF AN INTERGOVERNMENTAL CONTRACT WITH THE CLASSIC CENTER AUTHORITY FOR CLARKE COUNTY; APPROVING THE ISSUANCE OF THE CLASSIC CENTER AUTHORITY FOR CLARKE COUNTY PROMISSORY NOTE; AND FOR RELATED PURPOSES WHEREAS, the Classic Center Authority for Clarke County (the Authority ) has been created pursuant to 1988 Ga. Laws p et seq., as amended by 1989 Ga. Laws p et seq. and 2002 Ga. Laws p et seq. (the Act ); and WHEREAS, under the Act, the Authority is empowered (i) to acquire, construct, alter, repair, maintain, add to, extend, improve and equip certain public projects, including buildings to be used for amusement, recreation, civic, cultural and educational purposes, and (ii) with the approval of the Unified Government, to borrow and issue a revenue note for the purpose of paying, in whole or in part, the costs of the Project; and WHEREAS, under the Act, the Authority is empowered to enter into agreements with the State of Georgia, or any political subdivisions thereof, for the legitimate and necessary purposes of the Act; and WHEREAS, the Unified Government has power to acquire and operate, or cause to be operated, public buildings and facilities, including those to be used for various types of sports, for housing exhibits for fairs and educational purposes, and for amusement purposes and education purposes, pursuant to, among others, the Revenue Bond Law, O.C.G.A et seq.; and WHEREAS, Article IX, Section III, Paragraph I(a) of the Georgia Constitution authorizes, among other things, any county, municipality or other municipal corporation of the State of Georgia to enter into an agreement, for a period not exceeding 50 years, with another county, municipality or municipal corporation or with any other public agency, public corporation or public authority for joint services, for the provision of services, or for the provision or separate use of facilities or equipment, provided that such Intergovernmental Contract deals with activities, services or facilities which the contracting parties are authorized by law to undertake or to provide; and

4 WHEREAS, the Authority and the Unified Government propose to enter into the Intergovernmental Contract pursuant to which the Authority will agree to (i) acquire, construct and install the Project, as such term is defined in the Intergovernmental Contract (the Project ) and (ii) execute a Note in favor of STI Institutional & Government, Inc. (the Bank ) in order to finance the Project (the Note ) and pay costs of issuance of the Note; and WHEREAS, the Authority desires to sell the Project to the Unified Government, and the Unified Government desires to purchase the Project from the Authority, subject to the terms and conditions of and for the purposes set forth in the Intergovernmental Contract, and which Project shall be deemed included in the Premises (as such term is defined in the hereinafter defined Lease) and property leased by the Unified Government to the Authority pursuant to the Lease Agreement by and between them dated January 15 and 17, 2002, as amended from time to time (the Lease ). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of Athens- Clarke County, Georgia, as follows: Section 1. The execution, delivery and performance of the Intergovernmental Contract be and the same are hereby authorized. The Mayor is hereby authorized to execute and deliver such Intergovernmental Contract on behalf of the Unified Government, which Intergovernmental Contract shall be in substantially the form attached hereto as Exhibit A with such changes, insertions or omissions as may be approved by the Mayor of the Unified Government, and the execution of the Intergovernmental Contract by the Mayor of the Unified Government as hereby authorized shall be conclusive evidence of any such approval. Section 2. The Unified Government acknowledges that it has received a copy of the Authority Resolution and the financing commitment of the Bank, and that the Note will be payable as to principal and interest in accordance with the terms thereof, and approves the issuance by the Authority of the Note. Section 3. In connection with the execution and delivery of the Intergovernmental Contract, the proper officers, agents and employees of the Unified Government are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents, assignments, allocations and certificates as may be necessary to carry out and comply with the provisions of the Intergovernmental Contract and are further authorized to take any and all further actions and to execute and deliver any and all further documents, assignments, allocations and certificates as may be necessary or desirable in connection with the issuance by the Authority of the Note and the execution, delivery and performance of the Intergovernmental Contract. Section 4. All acts and doings of the Unified Government which are in conformity with the purposes and intents of this Resolution and in furtherance of the issuance of the Intergovernmental Contract shall be, and the same hereby are, in all respects, approved and confirmed. Section 5. This Resolution shall take effect immediately upon its adoption. A motion was made by Commissioner Lowry, seconded by Commissioner NeSmith, with reference to the Athens-Clarke County Police Department Property and Evidence Facility (SPLOST 2011 Project #30) construction contract: a. Approve the designation of McKnight Construction Company, Inc. as the lowest responsive and responsible bidder (Basis of Award for the Base Bid Amount of $1,999,301) as per agenda report revised September 24, 2013; b. Authorize staff to negotiate an agreement with the designated low bidder for the property and evidence facility with a cost not to exceed $1,400,000; c. Authorize staff to reject all bids and rebid the project if an agreement with the designated low bidder for a cost not to exceed $1,400,000 cannot be achieved; and d. Authorize the Mayor and appropriate staff to execute all related documents, contingent upon successful negotiation for a contract amount not to exceed $1,400,000. The motion passed by unanimous vote.

5 Mayor and Commission HELD: - City Hall Complex Streetscape (SPLOST IV Project #005 and SPLOST 2000 Project #026) preliminary plans - Green building ordinance - Wanassed Street - Proposed abandonment of roadways and other public infrastructure and disposal of associated right-of-way and easements - Environmental areas map and associated text amendments - Solid Waste commercial curbside residential collection program changes New business Consider under suspension of Rules There was no new business. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on request of Kimberla Powers for special use in RS-8 (Single-Family Residential) on acres known as 260 Kennedy Circle. Proposed use is a personal care home. Type II Planning Commission recommendation: Approve (unanimous) Citizen input The following citizen input was received. 1. David Ellison, 318 Parkway Drive, attorney representing residents of Spring Valley Subdivision opposed. 2. Kimberla Powers, property owner supported. 3. Princess Davenport, 275 Kennedy Circle opposed. 4. Lisa Parrish, 165 Kennedy Circle opposed. 5. Patsy Powers, applicant s mother supported. 6. Willie Kennedy, 405 Martin Circle opposed. 7. Ronnie Craig, 485 Martin Circle opposed. 8. John Smith, 130 Luther Lane opposed. 9. Ruby Johnson, 385 Washington Drive opposed. 10. Annie Hill, Martin Circle opposed. 11. Mary Parrish, 165 Kennedy Circle opposed. A motion was made by Commissioner Sims, seconded by Commissioner Lowry, to HOLD this request for 30 days (November 5, 2013 meeting). The motion passed by unanimous vote.

6 A public hearing was held on request of Bojangles Restaurants, Inc. for First Citizens Bank and Trust Company, Inc. for special use in C-G (TZ) (AZ3) (RPZ) (Commercial-General, Airport Overlay) on acres known as Lexington Road. Proposed use is a restaurant. Type I Citizen input Planning Commission recommendation: Approve (unanimous) There was no citizen input A motion was made by Commissioner Sims, seconded by Commissioner Lowry, to adopt the following ordinance (# ) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO SPECIAL USE APPROVAL IN THE C-G (TZ) (AZ3) (RPZ) (COMMERCIAL- GENERAL, AIRPORT OVERLAY) ZONING DISTRICT ON APPROXIMATELY ACRES OF LAND LOCATED AT 0, 0, 0, 3210 AND 3230 LEXINGTON ROAD; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The currently existing C-G (TZ) (AZ3) (RPZ) (Commercial-General, Airport Overlay) zoning district on five separate parcels located at 0, 0, 0, 3210 and 3230 Lexington Road being combined to form an approximate acre parcel of land is hereby amended to provide for Special Use approval to permit the construction of a restaurant. The affected parcels of land are more fully described in the drawing entitled Bojangles, 3210 Lexington Road, Athens, Georgia Sheet C-04, dated July 12, 2013, prepared by Kimley-Horn and Associates, Inc., on file and available for public inspection in the office of the Athens-Clarke County Planning Department. Said parcels are also known as parcel numbers 233B4 A009, 233B4 A010, 233B4 A011, 233B4 A012 and 233B4 A013 on the Athens-Clarke County tax maps being on file and available for inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning map in the Clerk of Commission's Office and duly noted in the minutes of the Commission meeting. SECTION 2. The binding site plan associated with this ordinance, incorporated herein by reference, consists of one sheet entitled Bojangles, 3210 Lexington Road, Athens, Georgia Sheet C-04, dated July 12, 2013, prepared by Kimley-Horn and Associates, Inc., and being stamped Binding Site Plan 9/9/13, said sheet being on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. The binding written report associated with this ordinance and incorporated herein by reference consists of six pages, being entitled (REVISED) Report for Special Use Permit Application, Proposed Bojangles Restaurant, Lexington Road, Athens, GA and being stamped Binding Report 9/9/13 and being on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Cary Halpern for Athens First, LLC, Wal-Mart Stores, Inc., Chick-Fil-A, Inc. for an amendment to C-G (PD) (Commercial-General, Planned Development) on 34 acres known as 4365, 4375, 4405 and 4425 Lexington Road. Proposed use is commercial retail, restaurants, offices, and services. Type II Citizen input Planning Commission recommendation: Approve w/conditions (unanimous) There was no citizen input.

7 A motion was made by Commissioner Lowry, seconded by Commissioner Sims, to adopt the following ordinance (# ) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO AMENDING THE EXISTING PLANNED DEVELOPMENT IN THE C-G (PD) (COMMERCIAL-GENERAL, PLANNED DEVELOPMENT) ZONING DISTRICT ON APPROXIMATELY 34 ACRES OF LAND LOCATED AT 4365, 4375, 4405 AND 4425 LEXINGTON ROAD; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The existing Planned Development in the C-G (PD) (Commercial-General, Planned Development) zoning district on an approximate 34-acre tract of land comprised of five parcels located at 4365, 4375 (two parcels), 4405 and 4425 Lexington Road is hereby amended to increase by 1,200 square feet the total allowable floor area of the commercial shopping center located on said tract. Said affected tract of land is more fully described in the drawing entitled East Athens Marketplace, 4375 Lexington Road, City of Athens, Clarke County, Georgia ; sheet number C-3.0; dated August 1, 2013, prepared by LeCraw Engineering, Inc., on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. Said five parcels are also known as tax parcels E, A, B, D and C, on the Athens-Clarke County Tax Maps on file and available for inspection in the office of the Athens-Clarke County Planning Commission, 120 W. Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning map in the Clerk of Commission's Office and duly noted in the minutes of the Commission meeting. SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference, consists of one sheet of drawings entitled, East Athens Marketplace, 4375 Lexington Road, City of Athens, Clarke County, Georgia ; sheet number C-3.0; dated August 1, 2013, prepared by LeCraw Engineering, Inc., and stamped, Binding Site Plan, 9/9/13 said sheet being on file and available for public inspection in the Office of the Athens- Clarke County Planning Department. The binding written report associated with this ordinance and incorporated herein by reference consists of three pages, and is entitled Application for Rezoning, Planned Development, East Athens Marketplace Shopping Center, Athens, GA, Design Narrative, and stamped, Binding Report, 9/9/13 and is on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. Except as amended hereby all previously approved plans, architectural elevations and reports will remain in full force and effect. SECTION 3. The conditions of zoning associated with this ordinance are as follows: 1. No outside storage or display of items for retail sale in the parking lot shall be allowed in front of the buildings. 2. The final use, design, sign location, and layout of the outparcels shall be reviewed by the Planning Commission and approved by the Mayor and Commission as an amendment to the planned development prior to the development of the outparcels. The following uses are prohibited on said outparcels: major automotive repair, laundromats, recycling collection stations, mini-warehouses, bowling alleys, machine and sheet metal shops, manufactured home sales and service, nightclubs or lounges with adult entertainment, tattoo parlors, and trucking/motor freight companies. 3. No access to any public streets shall be allowed except as shown on the site plan. 4. The binding master plan shall be amended prior to any permit issuance so as to address the following: a. Accurately depict the existing Wal-Mart garden center addition. b. Label both the 30 front landscape strip and 50 landscape buffer. c. Add dimensions to the property line boundaries. d. Remove the four newly proposed parallel parking spaces nearest the rear dumpsters. e. Correct the overall and minimum parking calculations chart to account for the proper use ratios. f. Accurately depict the existing parking space configuration through the parking lot(s) in order to show all available accessible spaces and the total number of on-site standard spaces.

8 5. Any trees removed during construction must be replaced with similar size canopy trees elsewhere on site. SECTION 5. repealed. All ordinances or parts of ordinances in conflict herewith are hereby A public hearing was held on proposed text amendments reference home occupations. Planning Commission recommendation: Approve (8-1) Citizen input There was no citizen input. Commissioner Girtz recommended removal of the following language from Subsection O. 4. and 6. of the proposed ordinance: Provided that the use is conducted by residents only (no outside employees permitted). Commissioner Herod recommended addition of the following language to Subsection O. 6. of the proposed ordinance: No non-resident animals shall be kept overnight. Commissioner NeSmith recommended the following revisions to Subsection H. of the proposed ordinance: Change No business vehicles larger than a van.. to No business-related vehicles larger than a van.. and delete the word motorized. A motion was made by Commissioner NeSmith, seconded by Commissioner Herod, to adopt the proposed ordinance with respect to home occupations incorporating all of the changes recommended above. The motion passed by unanimous vote and the following ordinance (# ) which was presented by title only was declared adopted. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO HOME OCCUPATIONS; AND FOR OTHER PURPOSES The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section entitled General, of the Code of Athens-Clarke County, Georgia is hereby amended by deleting the definition entitled, Daycare, nursery or kindergarten: in its entirety and substituting the following in lieu thereof: Day care: A public or private facility operated for the supervision and care of three of more unrelated individuals less than 24 hours per day, without transfer of legal custody, whose parents or guardians do not reside at the place of business. SECTION 2. Section entitled General, of the Code of Athens-Clarke County, Georgia is hereby amended by deleting the words, members of the family from the definition entitled, Home occupation: and substituting the words, the residents in lieu thereof, so that such definition is as follows: Home occupation: An occupation commonly carried on within a residential dwelling by the residents occupying the dwelling, secondary to the residential use, and subject to the requirements of this title. SECTION 3. Section entitled General, of the Code of Athens-Clarke County, Georgia is hereby amended by deleting the definition entitled, Nursery school: in its entirety and substituting the following in lieu thereof: Nursery: See day care.

9 SECTION 4. The introduction to Section of the Code of Athens-Clarke County, Georgia is hereby amended by adding the following at the beginning thereof, The purpose of this section is to permit minimal business practices while maintaining residential character. Such business practices shall not be readily discernible from those activities typically occurring at a solely domestic residence. so that such introduction is as follows: Sec Home occupations. The purpose of this section is to permit minimal business practices while maintaining residential character. Such business practices shall not be readily discernible from those activities typically occurring at a solely domestic residence. The following provisions shall apply to home occupations: SECTION 5. Section , Subsection B. entitled Restriction on sales. of the Code of Athens-Clarke County, Georgia is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof: B. Restriction on sales. The occupation shall not involve direct sales on the premises, except in the case of sales which are customarily accessory and incidental to a provided service home occupation. Mail order, on-line sales, or home marketing services with off-premise sales are allowable. SECTION 6. Section , Subsection C. entitled Employees. of the Code of Athens- Clarke County, Georgia is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof: C. Employees. The occupation shall be conducted by those who are living in the residence. Provided, however, that a maximum of one non-resident employee may work on the premises. SECTION 7. Section , Subsection E. entitled Signage. of the Code of Athens-Clarke County, Georgia is hereby amended by adding the following at the end thereof, except for those on a business-related vehicle so that such subsection is as follows: E. Signage. There shall be no signs on the property advertising the home occupation, except for those on a business-related vehicle. SECTION 8. Section , Subsection F. entitled Nuisance. of the Code of Athens-Clarke County, Georgia is hereby amended by adding the following, exceeding a normal residential level so that such subsection is as follows: F. Nuisance. There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the lot line or beyond exceeding a normal residential level. SECTION 9. Section , Subsection G. entitled Prohibited equipment and materials. of the Code of Athens-Clarke County, Georgia is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof: G. Prohibited equipment and materials. There shall be no chemical, mechanical or electrical equipment on the premises other than that normally found in a purely domestic residence. This includes any chemicals and pharmaceuticals of a type or in volumes not normally found in a domestic residence without a home occupation. SECTION 10. Section , Subsection H. entitled Parking and business-related vehicles (vehicles either marked or equipped commercially). of the Code of Athens-Clarke County, Georgia is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof: H. Parking and business-related vehicles (vehicles either marked or equipped commercially). No on-street parking of business-related vehicles shall be permitted at any time. No businessrelated vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number of business-related vehicles on the premises shall be limited to one. No repair or detailing of vehicles owned by non-residents shall be done on the premises. SECTION 11. Section , Subsection J. entitled Definition of on the premises. of the Code of Athens-Clarke County, Georgia is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof: J. Animals. Except as specifically permitted herein, activities involving live or dead animals, including without limitation kennels, pet sitting or boarding, animal breeding, butchering, and taxidermy are prohibited.

10 SECTION 12. Section , Subsection K. entitled Allowable home occupations. of the Code of Athens-Clarke County, Georgia is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof: K. Medical practice. No medical practice required to obtain a medical license by the State of Georgia shall be permitted. SECTION 13. Section , Subsection L. entitled Occupations which are not allowed. of the Code of Athens-Clarke County, Georgia is hereby amended by deleting said subsection in its entirety and substituting the following in lieu thereof: L. Food service. No food service regulated by the Department of Health shall be permitted. SECTION 14. Section of the Code of Athens-Clarke County, Georgia is hereby amended by adding the following subsections thereto: M. Definition of on the premises. On the premises, as it pertains to home occupations, shall be defined as the actual dwelling structure plus the lot on which such structure is located. N. Permitted home occupations. Home occupations shall be permitted by staff upon determination that all above criteria have been met. O. Permitted home occupations with limitations or exceptions to specific criteria. The following specific home occupations are allowed subject, however, to the below-prescribed limitations or exceptions to the general provisions of this section: 1. In-home daycare for no more than four individuals under care at a time, excluding the family members of the resident caregiver, with the allowance to occupy a maximum of 50 percent of the heated floor space within the structure and for outdoor recreational activity. 2. Tutoring of all types for no more than four pupils at one time. 3. Musician s and artist s studio, which may have equipment other than that normally found in a purely domestic residence. 4. Barber and beauty shops. The business shall consist of no more than one beauty/barber chair, and no more than two customers shall be permitted at one time. 5. Cottage food industry with proof of license from the Georgia Department of Agriculture. 6. Animal grooming. No more than two non-resident animals shall be permitted on the premises at one time. No non-resident animals shall be kept overnight. P. Planning Department approval. It shall be unlawful for a person to operate a home occupation without first obtaining a home occupation permit. A proposed home occupation shall be reviewed and approved by the Planning Department per the standards of this section at the time of the issuance of a business occupation tax certificate. For those home occupations not specifically allowed or prohibited by this section, the planning director may, per the authority granted by Chapter 9-4 of this title, determine whether the proposed home occupation meets the standards of this section. Q. Permission of property owner. An applicant shall be either the property owner of record of the premises on which the home occupation shall be located or a resident who shall have obtained written permission from such property owner, which shall be submitted with the application. R. State or federal compliance. Home occupations shall comply with the more stringent standards and requirements of all applicable local, state, and federal laws. S. Parking. Adequate off-street parking must be provided for the residents, employees, and business visitors. SECTION 15. All ordinances or parts of ordinance in conflict herewith are hereby repealed. Citizen input on items other than those listed on this agenda The following citizen input was received. 1. Sydney Bacchus, P.O. Box 174 has discovered three additional pathogens at the ACC landfill.

11 FROM MAYOR DENSON: Mayor Denson assigned to the Government Operations Committee a review of the demolition delay ordinance. Mayor Denson recommended the following reappointments to the Athens-Clarke County Land Bank Authority for four-year terms effective November 1, Alice Kinman Kathy Hoard Andy Herod Mike Hamby A motion was made by Commissioner Sims, seconded by Commissioner Girtz, to approve said recommendation. The motion passed by unanimous vote. Mayor Denson gave a shout out to Corporal Wesley Morris and Corporal Michael Allen (both Fire) who received the Life Saving Valor Award from the Georgia State Firefighters Association for their rescue of a man from a burning building during the night of March 27. FROM MANAGER REDDISH: Manager Reddish reported District Attorney Ken Mauldin has completed his review of the Georgia Bureau of Investigation (GBI) investigation into the Athens-Clarke County Solid Waste Department concerning the disposition of scrap metal and covering the ACSW Activity Fund Account. His opinion was that Department Director James Corley acted at all times in the best interest of his department and with the highest ethical standards. The following status report of standard utility contracts for September 2013 was presented for information only. I. OPTIONAL PROCEDURE CONTRACTS (For Information Only) The following are developments where the developers have elected to contract with the Unified Government under our Optional Procedures process for the installation of water and/or sanitary sewer line extensions. A. Projects Initiated: Name: Wellington Heights Developer: Royce McCrary & Skywater Construction, LLC Contractor: To be determined Administrative Fees: $4, Date Initiated: 9/11/13 B. Projects Completed: Name: University of Georgia Health Sciences Campus Developer: Board of Regents at the University of Georgia Date Accepted: 9/5/13 Name: ACC SPLOST Southeast Clarke Park Tennis Center Developer: Unified Government of Athens-Clarke County Date Accepted: 9/9/13 II. CONSTRUCTION FUND PROJECTS (For Information Only) A. Projects Initiated: None B. Projects Completed: None

12 FROM COMMISSIONER WRIGHT: 1. Stated the Association County Commissioners of Georgia (ACCG) legislative conference was held this week at the Classic Center with 330 attendees. FROM COMMISSIONER MAXWELL: 1. Requested investigation into citizen concern that unauthorized microwave dishes have been added to the cell tower adjacent to 1779 Old West Broad Street; also that it has no working lights. FROM COMMISSIONER LOWRY: 1. Requested management provide an update on policy that removed the 50% reduction in sewer use fees for water leaks. 2. Requested explanation as to why 6 concrete aprons are required for dirt and/or gravel driveways. 3. Stated during the three-day period surrounding the LSU football game of September 28, the Athens-Ben Epps Airport had 875 take off and landings and sold 15,000 gallons of aviation fuel. FROM COMMISSIONERS HEROD, HOARD, NESMITH, AND BAILEY: 1. Expressed their confidence in and appreciation of Solid Waste Director James Corley. FROM COMMISSIONER HAMBY: 1. Requested staff ask Georgia DOT to review the intersection markings which are confusing for motorists on Atlanta Highway at Jennings Mill Road. 2. Commended the Police Department and the Solid Waste Department for outstanding jobs over the LSU football weekend. FROM COMMISSIONER NESMITH: 1. Supported review by Georgia DOT of the intersection markings which are confusing for motorists on Atlanta Highway at Jennings Mill Road. 2. Stated he will support the Classic Center expansion project as just approved. The meeting adjourned at 8:40 p.m. Clerk of Commission