Mayor Denson recognized Lavonia Chief of Police Bruce Carlisle, Co-Chair Georgia Association of Chiefs of Police and District Representative.

Transcription

1 Unified Government of Athens-Clarke County, Georgia Tuesday, September 5, :00 p.m. City Hall The Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia met this date in regular monthly session. Present: Mayor Denson; Commissioners Dickerson, Sims, Link, Wright, Bailey, NeSmith, Bell, Herod, Girtz, and Hamby. No one was absent. Recognition Mayor Denson recognized Lavonia Chief of Police Bruce Carlisle, Co-Chair Georgia Association of Chiefs of Police and District Representative. In May, the Clarke County Sheriff s Office was assessed by a team from the Georgia Law Enforcement Certification Program. This summer, the Program s Board voted to affirm the Clarke County Sheriff s Office to receive the State of Georgia Law Enforcement Re-Certification Award. Chief Carlisle presented the re-certification certificate to Sheriff Ira Edwards, Jr. and Certification Manager Sgt. Patricia Marks. A motion was made by Commissioner Bailey, seconded by Commissioner Sims, to approve Minutes of meetings of Tuesday, August 1; Tuesday, August 8; Tuesday, August 15; and Thursday, August 31, The motion passed by unanimous vote. A public hearing was held on establishment of a special capital tax assessment district within Shoal Creek Farms Subdivision. There was no citizen input. A motion was made by Commissioner Dickerson, seconded by Commissioner Sims, with reference to establishment of a special capital tax assessment district within Shoal Creek Farms Subdivision: a) Adopt the following ordinance (# ) which was presented by title only; b) Approve the Memorandum of Agreement, as shown in Attachment #1 of agenda report dated July 25, 2017, authorizing the Unified Government of Athens-Clarke County to proceed with implementation of necessary repairs to the Shoal Creek Farms Dam; c) Approve the establishment of a Special Capital Improvement Assessment Area (SCIAA) for all of the Shoal Creek Farms subdivision for the purposes of funding the necessary repairs to the Shoal Creek Farms Dam; d) Approve the project concept, as shown in Attachment #2 of said agenda report, which includes the installation of four 12-inch siphons to serve as the primary spillway and decommission the existing riser and conduit system; and e) Authorize Transportation & Public Works staff to develop final construction plans for the rehabilitation of the Shoal Creek Farms Dam principal spillway. The motion passed by unanimous vote.

2 AN ORDINANCE WITH RESPECT TO THE ESTABLISHMENT OF A SPECIAL CAPITAL IMPROVEMENT ASSESSMENT AREA FOR A FOUR-YEAR PERIOD THROUGHOUT THE SHOAL CREEK FARMS SUBDIVISION FOR THE PURPOSE OF PROVIDING SPECIAL ASSESSMENTS AGAINST THE BENEFITED PARCELS OF LAND FOR THE COSTS OF REPAIRS WITHIN AND ADJACENT TO THE STREET RIGHT-OF- WAY TO REPAIR A PORTION OF THE SUBDIVISION STREETS AND RELATED INFRASTRUCTURE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Findings. The owners of at least sixty-five percent (65%) of the parcels of land benefiting from requested street right-of-way improvements throughout Shoal Creek Farms Subdivision have approved the creation of a special capital improvement assessment area and the imposition of special assessments against the benefitted parcels for the purpose of funding the cost of necessary repairs within and adjacent to the right-of-way of Shoal Creek Dam and Millstone Circle Road and related infrastructure all as necessary for the public health and safety. Notice of the public hearing concerning said special assessments was given in the legal organ of Athens-Clarke County once a week for two weeks prior to the hearing, and said public hearing was held as provided by law. All other legal requirements have been met. The Commission finds that the most accurate method for assessing each parcel of land according to the benefit conferred upon it by the street improvement project is to assess at an equal rate per lot calculated by dividing the total cost of the project by the total number of parcels benefited by the project, the same being the properties within the Shoal Creek Farms Subdivision. The Commission further finds that the assessment method specifically provided in Section 3 below most accurately assesses each lot or parcel of land according to the benefit conferred upon it by the project. SECTION 2. Authority of the Commission. Pursuant to the powers conferred in the Charter of the Unified Government of Athens-Clarke County, the Commission may assess the pro rata costs of the street, dam and related infrastructure improvements provided for herein upon each parcel of real property benefitting from such improvements solely within its discretion and in the absence of a benefitting landowner s agreement to have the costs for the improvements assessed against the landowner s parcel of land. In addition, pursuant to the Charter of Athens- Clarke County Section 8-106, whenever any special assessment imposed by this ordinance is not paid within the time periods provided for herein, then the Manager or his lawful designee, the Clarke County Tax Commissioner as ex-officio Marshal shall issue execution against such person, firm, or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate for county taxes from due date, and costs. The Unified Government shall have the right to enforce payment of such execution by levy and sale just as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued hereunder, and the levy and sale thereunder shall be governed by general law. SECTION 3. Special Capital Improvements Assessment Area created for a four-year period. The Special Capital Improvements Assessment Area for the Shoal Creek Farms Subdivision for street and related infrastructure improvements benefitting the subdivision for four years and the assessment per each benefitted parcel of land for the costs thereof are hereby approved as follows: (a) The Project. The Commission hereby directs the Director of the Department of Transportation and Public Works to proceed to cause such street and related infrastructure improvements to be made in accordance with this ordinance, as set forth in the following project description: The Department of Transportation and Public Works ( the Department ) or its contractor shall repair Shoal Creek Farms Dam and Millstone Circle Road to install four 12-inch siphons to serve as the primary spillway for the dam and to decommission the existing riser and conduit system, all in accordance with plans on file in the Department. The project shall consist of work activity within the right-of-way of Millstone Circle Road and on adjacent private property. The work on private property is necessary to complete the project and is necessary for the proper functioning of Millstone Circle Road and to protect the public health and safety. The portion of work on the adjacent private property shall be funded by the proceeds from the Special Capital Improvement Assessment Area. (b) Special Assessment per parcel of land. Special assessments per parcel of land for the total costs of the street improvements for a four-year period are to be calculated as follows: An assessment is to be placed on each benefitted parcel equal to the property owner s share of the capital expenses plus 4.25% interest and 5% for administrative costs. Thus, the special assessments per parcel of land for the total costs of the street improvement and infrastructure project are approved as follows: total cost of the project to be paid by special assessments ($46,000.00) divided by the total number of parcels (81) benefited by the project equals $ per parcel assessed in four equal annual installments ($ plus $23.27 for interest and administrative costs) or $ per year per each parcel of land; more particularly identified as the 81 benefitted parcels of land located on or adjacent to Millstone Circle Road, Blue Heron

3 Drive, Hearthstone Court, Keystone Court and Morton Road in Athens-Clarke County, Georgia having the following described Athens-Clarke County tax parcel numbers: Map 303D1, Block A, parcels 001, 001A, 001B, 007,008,009; Block B, parcels , Block C, parcels 001, 004, 005, 006, 007, 008. Map 303D2, Block A, parcels and , Block B, parcels and Map 303D3, Block A parcels 001 and , Block B, parcels Map 311, parcels 007, 007A, 009, 009A and parcels The special assessments in the amount of $ per parcel per year provided for herein shall be included in the October 2018, October 2019, October 2020 and the October 2021 Athens-Clarke County property tax bills for the benefitted parcels identified herein. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby 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. There was no citizen input. A motion was made by Commissioner Wright, seconded by Commissioner Sims, to consent to action on the following nine items. The motion passed by unanimous vote. 1. ADOPT the following ordinance ( ) which was presented by title only as recommended by the Legislative Review Committee. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO ANIMAL CONTROL; AND FOR OTHER PURPOSES. SECTION 1. Subsections (a) and (b) of section of the Code of Athens-Clarke County, Georgia, entitled Fees is hereby amended by adding the words or cat after the words neutered male dog and or cat after the words spayed female dog in the first sentence of subsection (a) and by adding the words or cat after the words unneutered male or unsprayed female dog in the first sentence of subsection (b), so that subsections (a) and (b) of section are: Sec Fees. (a) Any person reclaiming a neutered male dog or cat, spayed female dog or cat, or any other animal shall pay a $25.00 impoundment fee for the first impoundment, $30.00 for the second impoundment and $35.00 for each subsequent impoundment. In addition to the above, $5.00 per day will be charged for boarding plus the cost of inoculations and/or veterinary services. (b) Any person reclaiming an unneutered male or unspayed female dog or cat shall pay $50.00 for the first impoundment, $75.00 for the second impoundment and $ for each subsequent impoundment. In addition to the above, $5.00 per day will be charged for boarding plus the cost of inoculations and/or veterinary services. SECTION 2. Subsection (d) of Section of the Code of Athens-Clarke County, Georgia, entitled Redemption of impounded animals is hereby deleted in its entirety and the following new subsection (d) is inserted in lieu thereof: Sec Redemption of impounded animals.

4 (d) From and after September 1, 2017, no dog or cat, other than feral cats, shall be released from impound by the Animal Control Division, more than once unless, prior to release, it is spayed or neutered at the owner s expense, unless the reclaiming owner: (1) shows proof of a breeding license issued by the Georgia Department of Agriculture and all local business permits or certificates applicable to a commercial dog or cat breeding business, or (2) provides written certification from a licensed veterinarian citing a high likelihood that the dog or cat will suffer serious bodily harm or death due to age or specified infirmity if the dog or cat is spayed or neutered and the date, if any, on which such restriction shall end, in which case the owner shall, in writing, agree that such dog or cat animal will be sterilized within 30 days from such date with proof provided promptly to the animal control superintendent. If timely proof of spay or neuter is not received, the dog or cat shall be subject to confiscation unless prior to the expiration of the agreed period the owner provides an updated veterinary certification as set forth above and the owner enters into a new sterilization agreement under the same terms. SECTION 3. Subsection (e) of Section of the Code of Athens-Clarke County, Georgia, entitled Redemption of impounded animals is hereby deleted in its entirety and the following new subsection (e) is inserted in lieu thereof: Sec Redemption of impounded animals. (e) Any person reclaiming a dog or cat, other than a feral cat, that, after September 1, 2017, has been impounded for the first time, shall acknowledge in writing prior to taking custody of the dog or cat the requirements of this ordinance that upon any subsequent impound, the dog or cat animal shall not be released unless it is spayed or neutered at the owner s expense in accordance with paragraph (d) of this section. SECTION 4. Subsection (b) of section of the Code of Athens-Clarke County, Georgia, entitled Adoption of animals is hereby deleted in its entirety and the following subsection (b) inserted in lieu thereof so that subsection (b) of section is: Sec Adoption of animals. (b) An animal may be donated for adoption only by a resident of Athens-Clarke County and may be made available for adoption upon the determination by the animal control superintendent that the animal is of reasonably good health and temperament. In the event that the owner of an animal at the time of impound desires to reclaim an animal remaining in the custody of the Athens-Clarke County Animal Control Division after the animal has been deemed abandoned pursuant to Sec (b), the animal control superintendent may, in his or her discretion, permit such prior owner to adopt the animal in accordance with this section, provided however, that no dog or cat shall be adopted by the prior owner unless the dog or cat has been spayed or neutered and microchipped at the owner s expense. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby 2. ADOPT: The following ordinance (# ) which was presented by title only for Chief of Police to administer oaths of office to peace officers; and authorize the Mayor, Chief of Police, and appropriate staff to execute all documents necessary to affirm this capacity, and to facilitate administration of such oaths for Athens-Clarke County Police Department personnel. AN ORDINANCE AUTHORIZING THE CHIEF OF POLICE OF THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIA TO ADMINISTER OFFICIAL OATHS OF OFFICE TO POLICE OFFICERS; AND FOR OTHER PURPOSES. SECTION 1. A new section of the Code of Athens-Clarke County, Georgia is hereby adopted as follows: Oaths of Police Officers. The Chief of Police of the Unified Government Athens-Clarke County, Georgia is authorized and empowered to administer all required official oaths of office to police officers employed by the Unified Government.

5 SECTION 2. All ordinances or parts of ordinance in conflict herewith are hereby 3. ADOPT: a) The following ordinance (# ) which was presented by title only; b) Enter into an intergovernmental agreement with the University of Georgia and accept funds to purchase approved items for Athens-Clarke County Fire and Emergency Services as per Attachment #1 of agenda report signed August 8, 2017; c) Authorize the Fire Department to purchase items approved by the University of Georgia and the Environmental Protection Agency as per Attachment #2 of said agenda report; and d) Authorize the Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE FY2018 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING TO THE FIRE AND EMERGENCY SERVICES DEPARTMENT FROM THE UNIVERSITY OF GEORGIA (UGA) FOR PURCHASE OF HAZARD MATERIAL RESPONSE EQUIPMENT; AND FOR OTHER PURPOSES. SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the General Capital Projects Fund to provide funding to the Fire and Emergency Services Department from the University of Georgia (UGA) for purchase of hazard materials response equipment as approved by UGA and the Environmental Protection Division as noted in a separate intergovernmental agreement. Said Operating and Capital budget is hereby amended as follows: General Capital Projects Fund: REVENUES: Increase: Other Rev - Miscellaneous $333,333 EXPENDITURES: Increase: Fire and Emergency Services Department: Capital - Equipment $333,333 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby 4. ADOPT: a) The following ordinance (# ) which was presented by title only; b) Approve submission of an application by the Athens-Clarke County Police Department (ACCPD) for the 2017 COPS Hiring Program (CHP) as per agenda report dated July 20, 2017; c) Accept the grant funds if awarded; d) Authorize the creation of up to 12 entry-level sworn officer positions consistent with the grant award; and e) Authorize the Mayor and appropriate staff to execute all documents associated with the grant. AN ORDINANCE TO AMEND THE FY2018 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, TO THE POLICE DEPARTMENT FOR THE U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES GRANT; AND FOR OTHER PURPOSES.

6 SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding, if awarded, to the Police department for the U.S. Department of Justice Office of Community Oriented Policing Services grant. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: COPS Hiring Program (CHP) Grant $1,375,527 EXPENDITURES: Increase: Police Department: Personal Services $1,375,527 (Note: Fulltime Authorized positions in the Police Department would increase by up to 12 sworn officers) SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby 5. APPROVE: Establishment of Neighborhood Notification Initiative Boundaries: Oak Grove Neighborhood as per agenda report dated July 25, APPROVE: Declaration as surplus Athens-Clarke County Unified Government owned vehicles and equipment described in Facts and Issues #4 of agenda report dated July 25, 2017; and authorize the sale of said vehicles and equipment through an internet auction. 7. APPROVE: Athens Downtown Development Authority (ADDA) proposed FY18 Community Events Program (CEP) as per Attachment #1 of agenda report dated July 25, APPROVE: Award of a contract to purchase a tanker/brush truck to Howe & Howe Technologies Inc. for $314,350 and award a contract to Fireline Inc. for $64,247 for the associated equipment as per agenda report signed August 8, 2017; declare the old fire apparatus surplus and authorize its disposal consistent with Unified Government of Athens-Clarke County policies; and authorize the Mayor and appropriate staff to execute all related documents. 9. APPROVE: Recommendation of the Athens Cultural Affairs Commission (ACAC) for the public art type and style for SPLOST 2011 Project #08 Rails-to-Trails as proposed and described in Attachment #1 of agenda report dated July 26, 2017; award a contract to the selected artist, Richard Herzog, for the proposed art as described; and authorize the Mayor and appropriate staff to execute all related documents. Old and new business - Discussion There was no citizen input.

7 Old business A motion was made by Commissioner Dickerson, seconded by Commissioner NeSmith, to HOLD for 30 days award of Lexington Road and Atlanta Highway Corridor Studies contract. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Nesmith, to a) Authorize an appropriation in the amount of $3,772,931 for the Barnett Shoals Sanitary Sewer Interceptor and College Station Road Greenway Connector Project; as per agenda report revised August 8, 2017; b) Award a unit price construction contract to the apparent low bidder, John D. Stephens, Inc., in the amount of $2,998,941; c) Authorization to construct the replacement sewer shall be limited to the downstream 5,250 feet or less, only across parcels on which easements have been granted to date; d) Award a project management/resident inspection contract to the Public Utilities Department s Master Planning Consultant, CH2M Hill, for the provision of professional services during construction in the amount of $431,000; and e) Authorize the Mayor and appropriate staff to execute all related contract documents. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner, Hamby to HOLD for 90 days: 1072 Baxter Street pedestrian crossing - proposed pedestrian refuge islands modification. The motion passed by unanimous vote. New business 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 Williams & Associates for Billy Ray Thomas for rezoning from RS15 (Single -Family Residential) to C-N* (Commercial-Neighborhood with conditions) on acres known as 556 Epps Bridge Parkway and 195 Kirkwood Drive. Proposed use is a bank. Type II Planning Commission recommendation: Denial (5-2) The following citizen input was received. 1. Jon Williams, representing petitioner supported. 2. Philip Burns, 180 Kirkwood Drive - opposed. 3. Elizabeth Hughes, 180 Kirkwood Drive opposed. 4. Walter Smith, 310 St. Ives Way opposed. 5. Barbara Jean, for Jane Sullivan, St. Ives Homeowners Association - opposed. 6. Parker Daniels, 140 Kirkwood Drive opposed. 7. Kenneth Woods, Kirkwood Drive supported. 8. Andy Thomas, 140 Cherokee Ridge, CEO Commercial Bank supported. 9. Jay Boswell - supported 10. B. R. Thomas, 195 Kirkwood Drive supported. 11. Jamie Boswell, 255 Pendleton Drive - supported.

8 A motion was made by Commissioner Hamby, seconded by Commissioner Link, to DENY request of Williams & Associates for Billy Ray Thomas for rezoning from RS15 (Single -Family Residential) to C-N* (Commercial-Neighborhood with conditions) on acres known as 556 Epps Bridge Parkway and 195 Kirkwood Drive. The motion passed by roll call vote with Commissioners Dickerson, Link, NeSmith, Herod, Girtz, and Hamby voting YES; and Commissioners Sims, Wright, Bailey, and Bell voting NO. (6 YES; 4 NO) A public hearing was held on request of Stephen B. Hill for Mitchell Street Properties, LLC for rezoning from RM -2 (Mixed Density Residential) to C-D (RIV) (PD) Commercial-Downtown, River Downtown Design Area, Planned Development) on 1.7 acres known as 155 Mitchell Street. Proposed use is multi -family with commercial. This will require an amendment to the Future Development Map from Residential Mixed Use to Downtown. Type I Planning Commission recommendations: Future Development Map: Denial (6-1) Rezoning: Denial (6-1) The following citizen input was received. 1. Carl Nichols, 850 Gaines School Road, petitioner supported. 2. Stephanie Leathers, realtor supported. 3. Adam Lassila 188 Northview Drive opposed 4. Paula Loniak, Oglethorpe County opposed. 5. Frami Oseo-Frimpong, 475 Brookwood Drive opposed. 6. Natha Rajon, 175 International Drive opposed. 7. Kelly Clifton, 125 Colleton Drive opposed 8. John Fortune, 105 Three Oaks Drive, Kinney Ridge HOA opposed. 9. Ovita Thornton, 170 Fowler Drive undecided. 10. James Moy, 394 Oconee Street opposed. 11. Bailey Shea, 180 Wynburn Avenue opposed. 12. Robert Foster, 350 Pine Forest Drive opposed. 13. Broderick Flanagan, 215 Gresham Street opposed. 14. Allison, 870 North Chase Street opposed. 15. Charlie Maddox, 115 Avalon Drive supported. 16. Jane McPherson, 554 Boulevard opposed. 17. Mary Bagby, 1442 East Broad opposed. 18. Abigail West, 149 Morton Avenue - opposed. 19. Kirrena Gallagher, 325 Bray Street opposed. 20. Ursula McPherson Vickers, 535 Willow Street opposed. 21. Tommy Valentine, 395 Cleveland Avenue - opposed. 22. John Jefferson, 554 Boulevard opposed. 23. Michael Smith, 139 Bryan Street opposed. 24. Devon Clower, 375 ½ Holman Avenue opposed. 25. Deborah Gonzales, 212 McHenry Drive opposed. 26. Katie Horton, 145 ½ Mell Street opposed. 27. Ellen Walker, 580 Belvoir Heights opposed. 28. Frank Pittman, Williams and Associates supported. 29. Russell Edwards, 400 Duncan Springs Road opposed 30. Vickie Travener, 495 Snapfinger Drive opposed. 31. Carmen Kwan, 130 Grady Avenue opposed. 32. Ed Allen, 65 year resident supported. 33. Ashley Na, 184 Childs Street opposed. 34. Stephen Hill, Gainesville, GA supported.

9 A motion was made by Commissioner Wright, seconded by Commissioner NeSmith, to adopt the following ordinance (# ) which was presented by title only. The motion passed by roll call vote with Commissioners Dickerson, Sims, Wright, NeSmith, Bell, Herod, and Hamby voting YES; and Commissioners Link, Bailey, and Girtz voting NO. (7 YES; 3 NO) AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING THE OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS- CLARKE COUNTY BY CHANGING THE DESIGNATION OF A PARCEL OF LAND COMPRISING APPROXIMATELY 1.7 ACRES LOCATED AT 155 MITCHELL STREET FROM RESIDENTIAL MIXED USE TO DOWNTOWN AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The Official Future Development Map referred to in the Zoning Ordinance of Athens-Clarke County, Georgia, as specifically identified in Section 9-3-3(A)(2) thereof, is hereby amended by changing the future development map designation of a parcel of land comprising approximately 1.7 acres of land located at 155 Mitchell Street, Athens-Clarke County tax parcel number 171B4 E013, presently designated as Residential Mixed Use to Downtown, as more particularly shown on Exhibit A, which is attached hereto and incorporated herein by reference. The date of this amendment to the Official Future Development Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Future Development Map and Exhibit A hereto are available for inspection in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby A motion was made by Commissioner Wright, seconded by Commissioner NeSmith, to adopt the following ordinance (# ) which was presented by title only. The motion passed by roll call vote with Commissioners Dickerson, Sims, Wright, NeSmith, Bell, Herod, and Hamby voting YES; and Commissioners Link, Bailey, and Girtz voting NO. (7 YES; 3 NO) AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING A PARCEL OF LAND COMPRISING APPROXIMATELY 1.7 ACRES LOCATED AT 155 MITCHELL STREET FROM RM-2 (MIXED DENSITY RESIDENTIAL) TO C-D (RIV) (PD) (COMMERCIAL-DOWNTOWN, RIVER DOWNTOWN DESIGN AREA, PLANNED DEVELOPMENT); AND FOR OTHER PURPOSES. SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Section and Section thereof, is hereby amended by changing the zoning of a parcel of land comprising approximately 1.7 acres from RM-2 (Mixed Density Residential) to C-D (RIV) (PD) (Commercial- Downtown, River Downtown Design Area, Planned Development) as shown on Attachment A hereto. Said affected parcel of land being more fully described in the drawing entitled Mitchell Street Complex, Sheet Title: Master Plan, Sheet Number: C1.1, said drawing being last revised June 27, 2017, prepared by H. Lloyd Hill Architects & Associates, Inc., and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. The subject parcel is also known as parcel number 171B4 E013 on the Athens-Clarke County tax maps, being on file and available for public 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 shall be noted on said Official Zoning Map in the Clerk of Commission s Office at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of three sheets, the first sheet entitled Mitchell Street Complex, Sheet Title: Master Plan, Sheet Number: C1.1, said sheet being last revised June 27, 2017, and prepared by H. Lloyd Hill Architects & Associates, Inc., the second sheet entitled Front Elevation, Sheet Title: Elevations, Sheet Number: A2.1, said sheet being last revised June 27, 2017, and prepared by H. Lloyd Hill Architects & Associates, Inc., and the third sheet entitled South Elevation, North Elevation, Sheet Title: Elevations, Sheet Number: A2.2, said sheet being last revised June 27, 2017, and prepared by H. Lloyd Hill Architects & Associates, Inc., all such

10 sheets being stamped Binding and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. The binding written report associated with this ordinance and incorporated by reference herein consists of twenty-six pages entitled Oconee Views, 155 Mitchell Street, June 27, 2017, Planned Development Report, prepared by Mitchell Street Properties, LLC, stamped Binding , and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. Section 3. The plan entitled Mitchell Street Complex, Sheet Title: Tree Management Plan, Sheet Number: C1.2, said drawing being last revised June 27, 2017, prepared by H. Lloyd Hill Architects & Associates, Inc., submitted with the application shall be binding with respect to the planting of street trees and vegetation between the rear of the building and the riparian buffer as shown on such plan. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby Commissioners Wright and Bailey were excused at 10:11 p.m. A public hearing was held on request of Michael B. Burk/QuikTrip Corporation for Tweedell & Van Buren; RTSH Holding, LLC for rezoning from C-G, A (Commercial-General, Airport Overlay to C-G, A(PD (Commercial-General, Airport Overlay Planned Development) on 2.78 acres known as 1321 Oconee Street. Proposed use is a fuel center. This will require an amendment to the Future Development Map from Main Street Business to Corridor Business. Type I Planning Commission recommendations: Future Development Map: Denial (6-1) Rezoning: Denial ( unanimous) The following citizen input was received. 1. James Warnes, 244 East Washington Street, representing petitioner supported. 2. Asif Aman, 1290 Oconee Street supported. 3. Michael Burk, 952 Old Peachtree Road, representing petitioner supported. 4. Dorothy O Neill, 174 Highland Avenue supported hold. 5. Irami Osei-Frimpong, 475 Brookwood Drive supported. A motion was made by Commissioner Sims, seconded by Commissioner Herod, to adopt the following ordinance (# ) which was presented by title only and return the rezoning request to the Planning Commission. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING THE OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS- CLARKE COUNTY BY CHANGING THE DESIGNATION OF THREE PARCELS OF LAND COMPRISING APPROXIMATELY 2.78 ACRES LOCATED AT 1321 OCONEE STREET AND 170 THROUGH 184 ELBERT STREET CURRENTLY DESIGNATED AS MAIN STREET BUSINESS TO CORRIDOR BUSINESS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The Official Future Development Map referred to in the Zoning Ordinance of Athens-Clarke County, Georgia, as specifically identified in Section 9-3-3(A)(2) thereof, is hereby amended by changing the future development map designation of the three parcels of land comprising approximately 2.78 acres located at 1321 Oconee Street and 170 through 184 Elbert Street, Athens-Clarke County tax parcel numbers 172C4 D001 (part), 172C4 D002, and 172C4 D003, presently designated as Main Street Business to Corridor Business, as more particularly shown on Exhibit A, which is attached hereto and incorporated herein by reference.

11 The date of this amendment to the Official Future Development Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Future Development Map and Exhibit A hereto are available for inspection in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby A public hearing was held on request of Planning Department, Athens -Clarke County, for University of Georgia for rezoning from RM-1 (Mixed Density Residential) to G (Government) on acres known as 2427 South Milledge Avenue. Proposed use is not stated. This will require an amendment to the Future Development Map from Traditional Neighborhood to Government. Type I Planning Commission recommendations: Future Development Map: Approval (unanimous) Rezoning: Approval (unanimous) There was no citizen input. A motion was made by Commissioner Bell, 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 OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS- CLARKE COUNTY BY CHANGING THE DESIGNATION OF A PARCEL OF LAND COMPRISING ACRES LOCATED AT 2427 SOUTH MILLEDGE AVENUE FROM TRADITIONAL NEIGHBORHOOD TO GOVERNMENT AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The Official Future Development Map referred to in the Zoning Ordinance of Athens-Clarke County, Georgia, as specifically identified in Section 9-3-3(A)(2) thereof, is hereby amended by changing the future development map designation of a parcel of land comprising acres located at 2427 South Milledge Avenue, Athens-Clarke County tax parcel number , presently designated as Traditional Neighborhood to Government, as more particularly shown on Exhibit A, which is attached hereto and incorporated herein by reference. The date of this amendment to the Official Future Development Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Future Development Map and Exhibit A hereto are available for inspection in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby A motion was made by Commissioner Bell, seconded by Commissioner NeSmith, 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 REZONING A PARCEL OF LAND COMPRISING ACRES LOCATED AT 2427 SOUTH MILLEDGE AVENUE FROM RM-1 (MIXED DENSITY RESIDENTIAL) TO G (GOVERNMENT) AND FOR OTHER PURPOSES.

12 SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens- Clarke County, Georgia, by virtue of and in compliance with Sections and thereof, is hereby amended by changing the zoning of a parcel of land comprising acres located at 2427 South Milledge Avenue from RM-1 (Mixed Density Residential) to G (Government). Said parcel of land is more particularly described in that certain limited warranty deed recorded in the office of the Clerk of the Superior Court of Athens-Clarke County on June 11, 2015, Deed Book 4348, pages 463 through 467, which legal description in such deed is hereby incorporated herein by reference. Said parcel is also known as parcel number on the Athens-Clarke County tax maps being on file and available for public 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 office of the Clerk of Commission, 301 College Avenue, Athens, Georgia and duly noted in the minutes of the Commission meeting. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby A public hearing was held on request of Planning Department, Athens -Clarke County, for TAO50547, LLC rezoning from G (Government) to RM-1 (Mixed Density Residential on 9.3 acres known as 2555 South Milledge Avenue. Proposed use is not stated. This will require an amendment to the Future Development Map from Other Parks and Open Space to Traditional Neighborhood. Type I Planning Commission recommendations: Future Development Map: Approval (unanimous) Rezoning: Approval w/condition (unanimous) There was no citizen input. A motion was made by Commissioner NeSmith, seconded by Commissioner Bell, 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 OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS- CLARKE COUNTY BY CHANGING THE DESIGNATION OF A PARCEL OF LAND COMPRISING ACRES LOCATED AT 2555 SOUTH MILLEDGE AVENUE FROM OTHER PARKS AND OPEN SPACE TO TRADITIONAL NEIGHBORHOOD AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The Official Future Development Map referred to in the Zoning Ordinance of Athens-Clarke County, Georgia, as specifically identified in Section 9-3-3(A)(2) thereof, is hereby amended by changing the future development map designation of a parcel of land comprising acres located at 2555 South Milledge Avenue, Athens-Clarke County tax parcel number S, presently designated as Other Parks and Open Space to Government, as more particularly shown on Exhibit A, which is attached hereto and incorporated herein by reference. The date of this amendment to the Official Future Development Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Future Development Map and Exhibit A hereto are available for inspection in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby

13 A motion was made by Commissioner NeSmith, seconded by Commissioner Bell, 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 REZONING A PARCEL OF LAND COMPRISING ACRES LOCATED AT 2555 SOUTH MILLEDGE AVENUE FROM G (GOVERNMENT) TO RM-1* (MIXED DENSITY RESIDENTIAL WITH CONDITION) AND FOR OTHER PURPOSES. SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens- Clarke County, Georgia, by virtue of and in compliance with Sections and thereof, is hereby amended by changing the zoning of a parcel of land comprising acres located at 2555 South Milledge Avenue from G (Government) to RM-1* (Mixed Density Residential with Condition). Said parcel of land is more particularly described in that certain fee simple deed without warranty recorded in the office of the Clerk of the Superior Court of Athens-Clarke County on June 11, 2015, Deed Book 4348, pages 468 through 4473, which legal description in such deed is hereby incorporated herein by reference. Said parcel is also known as parcel number S on the Athens-Clarke County tax maps being on file and available for public 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 office of the Clerk of Commission, 301 College Avenue, Athens, Georgia and duly noted in the minutes of the Commission meeting. SECTION 2. A condition of zoning associated with this ordinance is as follows: The existing access easement from the property to South Milledge Avenue shall be improved to the standards of Athens-Clarke County with a sidewalk along the entire northern side and a southbound left-turn lane installed within the South Milledge Avenue right-of-way. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby A public hearing was held on request of Planning Department, Athens -Clarke County, for text amendment to Chapter 9-7 Community Tree Management. Planning Commission recommendation: Approval ( unanimous) There was no citizen input. A motion was made by Commissioner NeSmith, seconded by Commissioner Herod, 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 COMMUNITY TREE MANAGEMENT; AND FOR OTHER PURPOSES SECTION 1. Section , entitled Tree Canopy Cover, of the Code of Athens- Clarke County, Georgia, sub-section (k) thereof, is hereby amended by deleting therefrom the words either side of the front lot line and by adding thereto the words all street frontages so that sub-section (k) of Section is: Sec Tree canopy cover (k) Streetscape trees. Trees shall be required as part of the streetscape on all street frontages in accordance with sections 9-14A-12, , , and Tree establishment shall be done in accordance with the technical standards set forth in section Tree canopy cover along streets must meet the following minimum requirements.

14 (1) One street tree shall be planted for each 30 feet of frontage for that portion of the development fronting the street. (2) Where feasible, existing healthy trees on the site or lot of greater than two inches dbh shall be incorporated into the required streetscape. (3) Trees may be spaced at variable distances to conform to site selection standards set forth in section (i)(1) and minimum distances in Table 2 of section (i); however, they must be more or less evenly distributed across the front lot line. (4) Street trees shall be selected from the species recommended for use in road frontage areas by the Athens-Clarke County Tree Species List. Other species may be used as street trees with the approval of the Athens-Clarke County Arborist. (5) Streets trees shall be planted within ten feet of the lot line or within the public street right-of-way. Street trees required along private drives or private streets shall be within ten feet of the edge of the pavement. The Athens-Clarke County community forester or arborist may waive the standards in section (k)(5) to best meet the purpose and intent of this chapter. When granted, waives shall be recorded in writing on the application for the tree management plan or other permanent record. (6) Street trees may not be allowed in traffic vision clearance zones designated by the director of the department of transportation and public works. (7) Street trees planted in the public street right-of-way must be approved by the community forester. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby on items other than those listed on this agenda The following citizen input was received. 1. Andrew Lawrence, 1005 Macon Highway opposed removal of monument on Broad Street. 2. Irami Osei-Frimpong need to address poverty. FROM MAYOR DENSON: There were no items. FROM MANAGER WILLIAMS: 1. Received for information was a report of contract awards in excess of $10,000 for month of July 2017 FROM COMMISISONER HAMBY: 1. Stated Friday, he will accompany Athens Land Trust to Asheville, NC. in reference to Great Opportunities Program. FROM COMMISSIONER LINK: 1. Need to address affordable housing and inclusionary zoning. FROM COMMISSIONER GIRTZ: 1. Commented on German placement of monuments.

15 FROM COMMISSIONER SIMS: 1. Congratulated Assistant Public Utilities Director Glenn Coleman who is completing 45 years of service. FROM COMMISSIONER DICKERSON: 1. Stated persons should be judged on character and integrity. FROM COMMISSIONER HEROD: 1. Stated Athens-Clarke County has done great things for our community. A motion was made by Commissioner Herod, seconded by Commissioner Sims, to enter into executive session for discussion of real estate acquisition and/or disposal. The motion passed by unanimous vote. The meeting adjourned at 11:25 p.m. Clerk of Commission