Newnan City Council Meeting May 23, :30 P.M. A G E N D A

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1 Newnan City Council Meeting May 23, :30 P.M. A G E N D A CALL TO ORDER Mayor Keith Brady INVOCATION READING OF MINUTES I Minutes from Regular Meeting on May 9, Tab A REPORTS OF BOARDS AND COMMISSION I 1 Appointment Newnan Youth Activities Commission 3 Year Term II 1 Appointment Keep Newnan Beautiful Unexpired 3 Year Term - 6/2018 REPORTS ON OPERATIONS BY CITY MANAGER REPORTS AND COMMUNICATIONS FROM MAYOR NEW BUSINESS I Performance Artist Agreement between City and BTM Productions LLC for Jazz in the Park at 8:00 pm on June 9, 2017 at Greenville Street Park featuring Bumpin the Mango (Newnan Cultural Arts Commission)... Tab B II Sound System Vendor Agreement between City and the Show Business Sound and Lighting, Inc., for Jazz in the Park on June 9, 2017 (Newnan Cultural Arts Commission)... Tab C III Request by W-A WE Holdings VII, LLC to accept three new streets (Carrington Way, October Avenue, Vintage Avenue) inside the subdivision known as Woodbury Estates into the City Street System... Tab D IV Request by Paran Homes LLC to accept an extension of Newnan Lakes Drive into the City Street System... Tab E V Facilities Lease Agreement for 55 Savannah Street between the City of Newnan and Boys & Girls Clubs of Metro Atlanta, Inc.... Tab F

2 NEWNAN CITY COUNCIL MEETING AGENDA May 23, 6:30 P.M.... Page 2 VI Consideration of closing Public Streets and Sidewalks and Exercise Ordinance Amendment to Chapter 3, Alcoholic Beverages for certain City-Sponsored Events... Tab G VII Consideration of Exercising Ordinance Amendment to Chapter 3, Alcoholic Beverages for certain City-Sponsored Events... Tab H VIII Consider Application for Funding for 2017 grant cycle to the Coweta Community Foundation for Howard Warner Community Center Playground... Tab I IX Request by LDG Development, LLC to change the conditions of the previous rezoning to allow for development of 160 apartments in Residential Multi-Family Dwelling-Lower Density District for acres located at 414 Jefferson Street Refer to Planning Commission... Tab J UNFINISHED BUSINESS I Public Hearing Neighborhood Stabilization Program 1 Approved Activities Amendment... Tab K II Public Hearing Neighborhood Stabilization Program 3 Approved Activities Amendment... Tab L III Consider Ordinance Amendment to Chapter 17, Section 17-82, Solid Waste, of the Code of Ordinance of the City of Newnan to remove the terms grass and weeds... Tab M IV 2 nd and Final Reading An Ordinance to Amend the 2016 Fiscal Year Budget... Tab N V Speed studies in response to comment regarding speeding on The Boulevard in Avery Park at the Council Meeting on April 25, Tab O VISITORS, PETITIONS, COMMUNICATIONS & COMPLAINTS I Request from Sharon Ellison/Rocky Hill Committee to use the Pool back parking lot area to set up pit smokers to cook for the Rocky Hill Reunion scheduled on Saturday July 29, 2017 from 11:00 am to 7:00 pm at Lynch Pavilion and Park... Tab P II Request from 1 st Vice Commander Milton Allen on behalf of the America Veterans Post 910 of Newnan and a petition that Ball Street be renamed Terry Allen Jr. Street after a Newnan native who gave his life in Vietnam... Tab Q EXECUTIVE SESSION LEGAL, PERSONNEL AND REAL ESTATE ADJOURNMENT

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7 PERFORMANCE ARTIST AGREEMENT This Agreement is made this 5th day of May, 2017 by and between The City of Newnan, (hereinafter referred to as the Presenter ) and BTM Productions, LLC and its registered agent Paul Edmund Garrett and his 10-piece band known as Bumpin the Mango described below, (collectively Artists), by and through their designated agent or representative Paul Edmund Garrett individually ( Agent/Manager ) identified below. WHEREAS, Presenter conducts the event known as Jazz in the Park at the Greenville Street Park in Newnan, Georgia (hereinafter referred to as the Performance ); WHEREAS, Presenter desires to hire Artists, as independent contractors, to provide the Performance generally described below (the Performance ). WHEREAS, Artists desire to provide such Performance. The parties agree as follows: 1. Artists. The name and mailing address of the Artists who will appear during the Performance and the amounts to be paid to each. Paul Edmund Garrett and his 10-piece band, also known as Bumpin the Mango, to be paid collectively the sum of Three Thousand Dollars and No/100 ($3,000.00). The Performance/Organizer Fee to be paid to BTM productions, LLC through its agent Paul Edmund Garrett on behalf of the 10-piece band known as Bumpin the Mango. said sum to be paid at the end of the Performance BTM Productions, LLC Attn: Paul Edmund Garrett 290 Drummen Court Sandy Springs, GA Agent/Manager. The name and mailing address of the Representative, who is executing this Agreement on behalf of Artists is Paul Edmund Garrett, registered agent for BTM Productions, LLC. BTM Productions, LLC Attn: Paul Edmund Garrett 290 Drummen Court Sandy Springs, GA

8 3. Place of Performance. The place of performance is at the City of Newnan s Greenville Street Park. 4. Date and Time of Performance. The date of the Performance shall be Friday, June 9, 2017 and the time of the Performance shall begin at 8:00 p.m. This Performance shall consist of two (2) one (1) hour sets of live entertainment. 5. Performance. The Performance is generally described as: two (2) one (1) hour sets of jazz music with (1) ten (10) to fifteen (15) intermission. 6. Agreement to perform. Artists agree to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto. 7. Price of Performance. Presenter agrees to pay Artists an aggregate of Three Thousand Dollars and No/100 ($3,000.00) for the Performance by check immediately following the Performance. The checks shall be made payable to: BTM Productions, LLC through its registered agent Paul Edmund Garrett. 8. Recording. Reproduction or Transmission of Performance. If requested in writing by Artists, Presenter will use its best efforts to prevent the recording, reproduction or transmission of the Performance. 9. Excuse of Obligations. Presenter and Artists shall be excused from their obligations hereunder in the event of proven sickness, accident, riots, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control. 10. Taxes. Presenter agrees to prepare and file all tax information required of a person who hires an independent contractor and Artists agree that they have sole responsibility for the payment of any federal or state taxes arising from the monies paid by Presenter to Artists for the Performance. 11. Indemnity for Copyright Infringement. Artists represent and warrant that they are knowledgeable about the copyright laws of the United States as applicable to the Performance, and that Artists shall not perform any copyrighted materials of others during Performance without full compliance with such applicable copyright laws. In the event that Artists breach this representation, warranty and covenant, Artists hereby agree to INDEMNIFY AND HOLD HARMLESS Presenter and its employees, 2

9 guests and agents from and against all liability, loss, damages, claims, and expenses (including attorney s fees) arising out of such breach. 12. Independent Contractor. Artists acknowledge that they shall perform their obligations hereunder as an independent contractor and not as an employee of Presenter. Artists further acknowledge that they are not on Presenter s payroll and/or tax withholding rolls. Artists shall have sole control and direction in the conduct of the Performance. 13. Merchandising. Artists shall perform at Artists option. Artists may offer CDs, tapes, and other items for sale at the Performance. Artists will retain all proceeds from such sales. To facilitate such merchandising, Presenter will provide a table and chairs set up in an easily accessible and visible area of the venue. 14. Promotion. Presenter shall be entitled to advertise and promote the appearance of Artists and the Performance. Artists acknowledge that Presenter will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held. Artists hereby acknowledge and agree that Presenter may use their names, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at performance. 15. Parking. Presenter shall provide parking space for vehicles in a location of close proximity to and with direct access to the backstage area where Performance will take place on the date of Performance. This parking space will be reserved for Artists for a period of four (4) hours prior to the Performance and ending three (3) hours following the Performance. 16. Security. Presenter shall provide security for the backstage and stage areas before, during and after the Performance. Presenter shall provide security personnel to protect Artists and their property as deemed appropriate by Presenter in its discretion. 17. Passes. If necessary, Presenter shall provide identification passes to Artists for the backstage and stage where Performance is to be held. 18. Stage. At its sole expense, Presenter shall furnish all sound and PA equipment suitable for the event with a professional sound crew including all stagehands required to assist the setup for and conduct of the Performance and takedown after the Performance. 3

10 At its sole expense, Presenter shall furnish the lighting and power for the Performance, and Presenter shall provide food for the Artists. 19. Dressing Rooms. There are no dressing rooms on the site but there are public bathroom facilities. 20. Authority to Execute. The representative who is executing this Agreement on behalf of Artists hereby warrants and represents that he has the full power and authority to bind Artists on whose behalf he is executing this Agreement and acknowledges that he is making this representation and warranty with the understanding that Presenter is relying thereon. 21. Cancellation. Presenter shall have no liability to Artists or the Artists hereunder for cancellation. 22. Miscellaneous. This Performance Agreement and the attached rider(s), if any, set forth the entire Agreement between the parties, and may not be amended except in a writing signed by both parties. This Performance Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without regard to the principles of conflicts of law. In any action or proceeding involving a dispute between the Presenter and the Artists arising out of this Performance Agreement, the prevailing party will be entitled to receive from the losing party reasonable attorney s fees. Venue shall be in Coweta County, Georgia. Rain Location is the Wadsworth Auditorium located at 25 Jefferson Street in downtown Newnan. In the event of rain or the possibility of rain in the opinion of the City, at the City s option, the event may be moved to the Wadsworth Auditorium, otherwise the event will proceed at the designated location. The decision shall be made by the City on or before 2:00p.m. on the day of the event. 23. Artists, by and through Agent/Manager, certify that no one associated with the Performance is an unauthorized alien as defined in the Federal Immigration Act and Agent/manager shall execute the attached Affidavit Verifying Status For City of Newnan Public Benefit pursuant to O.C.G.A

11 IN WITNESS HEREOF, this Agreement is executed on the date first above written. Presenter (Authorized Signature) THE CITY OF NEWNAN, GEORGIA Date: Artists/Agent or Manager Representative Date: 5

12 Bumpin The Mango Band for the Newnan, GA Jazz in The Park, June 9, 2017 Ian Michael Bruh, Lead Vocalist Tony Giordano, Keybord, Vocals Jason Chapman, Electric Bass, Vocals Frank Lisco, Electric Guitar, Vocals Geoff Gill, Drums Paul Garrett, Trumpet Justin Powell, Trumpet Richard Sherrington, Trombone Neil Newcomb, Tenor Saxophone Gary Paulo, Baritone Saxophone

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17 City of Newnan, Georgia Mayor and Council Date: May 23, 2017 Agenda Item: Street Acceptance Woodbury Estates Subdivision Presented by: Dean Smith, Planner Submitted by: Tracy Dunnavant, Planning & Zoning Director Purpose: Background: A request by W-A WE Holdings VII, LLC to accept three new streets inside the subdivision known as Woodbury Estates, f/k/a Golden Gate into the City s Public Street System. Carrington Way: 1250 lineal feet and 0.75 acres of right-of-way. The sidewalk s length will be 2312 lineal feet and 0.27 acres of sidewalk area. October Avenue: 1869 lineal feet and 1.19 acres of right-of-way. The sidewalk s length will be 3,793 lineal feet and.44 acres of sidewalk area. Vintage Avenue: 643 lineal feet and.33 acres of right-of-way. The sidewalk s length will be 1,184 lineal feet and.14 acres of sidewalk area. The final plat drawing has been approved by the City s Planning & Zoning Department and Engineering Department. The Engineering Department has conducted their inspections for completeness and has deemed the infrastructure to be in accordance with the City s standards, and proof of payment with the appropriate utility for street lights has been furnished. Options: 1. Accept this section of roadway into the City s street system. 2. Deny acceptance of the street into the City s street system. 3. Other direction from Council. Recommendation: Option 1. Attachments: Plat showing street sections requesting to be accepted.

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19 City of Newnan, Georgia Mayor and Council Date: May 23, 2017 Agenda Item: Presented by: Street Acceptance New Extension of Newnan Lakes Drive Dean Smith, Planner Submitted by: Tracy Dunnavant, Planning & Zoning Director Purpose: Background: A request by Paran Homes, LLC to accept an extension of Newnan Lakes Drive into the City s Public Street System. Extension of Newnan Lakes Drive: lineal feet and 0.23 acres of right-of-way. The sidewalk s length will be lineal feet and 0.04 acres of sidewalk area. The final plat drawing has been approved by the City s Planning & Zoning Department and Engineering Department. The Engineering Department has conducted their inspections for completeness and has deemed the infrastructure to be in accordance with the City s standards, and proof of payment with the appropriate utility for street lights has been furnished. Options: 1. Accept this section of roadway into the City s street system. 2. Deny acceptance of the street into the City s street system. 3. Other direction from Council. Recommendation: Option 1. Attachments: Plat showing street sections requesting to be accepted.

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86 City of Newnan, Mayor and Council Date: May 23, 2017 Agenda Item: Public Hearing - Neighborhood Stabilization Program 1 Approved Activities Amendment Prepared and Presented by: Tracy S. Dunnavant, Planning Director Purpose: To hold a public hearing informing the citizens that the City is requesting an amendment to its Neighborhood Stabilization Program 1 approved activities to include clearance/demolition and redevelopment and to adopt a resolution authorizing the Mayor to request an amendment for said activities. Background: On March 27, 2009, the City was awarded a grant in the amount of $2,124,021 from the NSP1 program. The purpose of the grant is to provide affordable homeownership and rental opportunities for low-moderate and middle income families in the City of Newnan and Coweta County. In seeking eligible houses in the approved target area, the City s sub grantees, Newnan Coweta Habitat for Humanity (Habitat) and the Housing Authority of Newnan (HAN), determined that there are currently very few foreclosed homes that meet both the City s and HUD s criteria. In an effort to address the lack of foreclosures, Habitat and HAN are requesting that the City allow them to amend their programs by adding clearance/demolition and redevelopment as permitted activities. They feel the addition of these activities will allow them to continue to address the City s housing needs by providing additional opportunities for low and moderate income families. In addition, Habitat would also like to add a lease to purchase component to their existing program that would be ran similar to the program that is currently managed by HAN. The purpose of the public hearing is to obtain citizens views and input on the requested activities. There will be no negative impact to any of the City s neighborhoods as the purpose of the program is to address housing needs by undertaking actives that will benefit and address existing issues. Options: A. Hold a public hearing on the proposed amendment to the City s NSP1 program and adopt a resolution authorizing the Mayor to request an amendment to include clearance/demolition and redevelopment as permitted activities and allow Habitat to include a lease to purchase component in their program. B. Other action as determined by Council Funding Source: N/A Attachments: Resolution Previous Discussions with Council: March 28, 2017

87 A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST A PROGRAM AMENDMENT FOR THE CITY OF NEWNAN S NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) CITY OF NEWNAN, GEORGIA WHEREAS, the City of Newnan was awarded additional Neighborhood Stabilization Program funding (NSP3) for the purpose of acquiring and rehabilitating foreclosed homes for the placement of low/moderate income families; and WHEREAS, the NSP1 program application set forth certain activities that meet HUD s requirements; and WHEREAS, the City s sub grantees, Newnan Coweta Habitat for Humanity and the Housing Authority of Newnan, have determined that there is currently a very low number of available foreclosed homes that would meet the requirements for the NSP1 program; and WHEREAS, Newnan Coweta Habitat for Humanity and the Housing Authority of Newnan have indicated that they could better serve low and moderate income families by expanding the list of eligible activities to include clearance/demolition and redevelopment; and WHEREAS, Newnan Coweta Habitat for Humanity and the Housing Authority of Newnan would like the City to amend their original programs to include these activities; and WHEREAS, Newnan Coweta Habitat for Humanity would also like to amend their program to include a lease to purchase option; NOW THEREFORE, BE IT HEREBY RESOLVED, that the Mayor and City Council of the City of Newnan, Georgia do hereby authorize the Mayor to execute a letter requesting an amendment to the approved activities for the City of Newnan Neighborhood Stabilization Program 1, DCA Grant # 08-ns-5067 and seeking permission for Newnan Coweta Habitat for Humanity to include a lease to purchase option in their program. This Resolution is adopted this day of, ATTEST: Della Hill, City Clerk L. Keith Brady, Mayor Cynthia E. Jenkins, Mayor Pro Tem REVIEWED: George M. Alexander, Councilmember C. Bradford Sears, Jr., City Attorney Rhodes Shell, Councilmember Cleatus Phillips, City Manager Ray DuBose, Councilmember Clayton Hicks, Councilmember Dustin Koritko, Councilmember

88 City of Newnan, Mayor and Council Date: May 23, 2017 Agenda Item: Public Hearing - Neighborhood Stabilization Program 3 Approved Activities Amendment Prepared and Presented by: Tracy S. Dunnavant, Planning Director Purpose: To hold a public hearing informing the citizens that the City is requesting an amendment to its Neighborhood Stabilization Program 3 approved activities to include clearance/demolition and redevelopment and to adopt a resolution authorizing the Mayor to request an amendment for said activities. Background: On September 28, 2011 the City received notice that it was awarded an NSP3 grant in the amount of $1,275,183. In seeking eligible houses in the approved target area, the City s sub grantee, the Housing Authority of Newnan (HAN), determined that there are currently very few foreclosed homes that meet both the City s and HUD s criteria. In an effort to address the lack of foreclosures, HAN is requesting that the City allow them to amend their program by adding clearance/demolition and redevelopment as permitted activities. They feel the addition of these activities will allow them to continue to address the City s housing needs by providing additional opportunities for low and moderate income families. The purpose of the public hearing is to obtain citizens views and input on the requested activities. There will be no negative impact to any of the City s neighborhoods as the purpose of the program is to address housing needs by undertaking actives that will benefit and address existing issues. Options: A. Hold a public hearing on the proposed amendment to the City s NSP3 program and adopt a resolution authorizing the Mayor to request an amendment to include clearance/demolition and redevelopment as permitted activities. B. Other action as determined by Council Funding Source: N/A Attachments: Resolution Previous Discussions with Council: March 28, 2017

89 A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST A PROGRAM AMENDMENT FOR THE CITY OF NEWNAN S NEIGHBORHOOD STABILIZATION PROGRAM (NSP3) CITY OF NEWNAN, GEORGIA WHEREAS, the City of Newnan was awarded Neighborhood Stabilization Program funding (NSP3) for the purpose of acquiring and rehabilitating foreclosed homes for the placement of low/moderate income families; and WHEREAS, the NSP3 program application set forth certain activities that meet HUD s requirements; and WHEREAS, the City s sub grantee, the Housing Authority of Newnan, has determined that there is currently a very low number of available foreclosed homes that would meet the requirements for the NSP3 program; and WHEREAS, the Housing Authority of Newnan has indicated that it could better serve low and moderate income families by expanding the list of eligible activities to include clearance/demolition and redevelopment; and WHEREAS, the Housing Authority of Newnan would like the City to amend the original program to include these activities; NOW THEREFORE, BE IT HEREBY RESOLVED, that the Mayor and City Council of the City of Newnan, Georgia do hereby authorize the Mayor to execute a letter requesting an amendment to the target area for the City of Newnan Neighborhood Stabilization Program 3, DCA Grant # 11-ns This Resolution is adopted this day of, ATTEST: Della Hill, City Clerk L. Keith Brady, Mayor Cynthia E. Jenkins, Mayor Pro Tem REVIEWED: George M. Alexander, Councilmember C. Bradford Sears, Jr., City Attorney Rhodes Shell, Councilmember Cleatus Phillips, City Manager Ray DuBose, Councilmember Clayton Hicks, Councilmember Dustin Koritko, Councilmember

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93 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES BY AMENDING THE DEFINITION OF LITTER IN SEC , DEFINITIONS AND ADOPTING A NEW DEFINITION OF LITTER IN SEC , DEFINITIONS; AND FOR OTHER PURPOSES WHEREAS, the City Council of the City of Newnan has previously adopted an ordinance establishing the definition of Litter; and WHEREAS, the City Council finds it to be in the best interest in the protection of the public health, safety, environment and general welfare of the citizens of the City of Newnan to amend the definition of Litter in the City s Code of Ordinances. NOW THEREFORE, BE IT ORDAINED by the Mayor and Council for the City of Newnan and it is hereby ordained by the authority of same that the definition of Litter in Sec , Definitions of the Code of Ordinances of the City of Newnan be deleted in its entirety and a new definition of Litter in Sec , Definitions be adopted to read as follows: Section 1. Sec Litter. Litter means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not waste as such term is defined O.C.G.A , paragraph 6. Section 2. All Ordinances or parts of Ordinances in conflict or inconsistent with this Ordinance are hereby repealed. Section 3. Should any phrase, clause, sentence, or section of this Ordinance be deemed unconstitutional by a Court of competent jurisdiction, such determination shall not effect the remaining provisions of this Ordinance, which provisions shall remain in full force and effect. Section 4. The effective date of this Ordinance shall be upon adoption. DONE, RATIFIED and PASSED, by the City Council of the City of Newnan, Georgia, this the day of, 2017 in regular session assembled. 1

94 ATTEST: Della Hill, City Clerk Reviewed: L. Keith Brady, Mayor Cynthia E. Jenkins, Mayor Pro-Tem C. Bradford Sears, Jr., City Attorney George M. Alexander, Councilmember Cleatus Phillips, City Manager Rhodes Shell, Councilmember Ray DuBose, Councilmember Clayton Hicks, Councilmember Dustin Koritko, Councilmember 2

95 City of Newnan, Georgia - Mayor and Council Date: May 23, 2017 Agenda Item: Prepared by: Speed Studies- The Boulevard in Avery Park Michael Klahr, Public Works Director/ City Engineer Purpose: Background: To present results of speed studies conducted along The Boulevard The City Engineer and Newnan Police Department each conducted separate speed studies along The Boulevard in Avery Park. A summary of results is as follows: The Boulevard, near Repton Way Date: 04/13/ /21/2017 Posted Speed Limit 25 MPH AADT 317 vehicles 85 th Percentile Speed 32.0 MPH Average Speed 27.0 MPH The Boulevard, near #87 The Boulevard Date: 05/12/ /15/2017 Posted Speed Limit 25 MPH AADT 1030 vehicles 85 th Percentile Speed 39.4 MPH Average Speed 34.0 MPH Action: 1. Verified speed limit posted at 25 MPH 2. Installed a radar feedback speed limit sign as calming device 3. Shared data with Newnan Police Department to aid in enforcement Recommendation: Funding: Attachments:

96 CITY COUNCIL MEETING MAY 23, 2017 From: Sharon Ellison Date: May 12, 2017 at 11:55:58 AM EDT To: Libby Winn Subject: ROCKYHILL Committee To: The City Of Newnan Council Members We the ROCKYHILL Committee would like to have your permission to utilize the pool back parking lot area to set up the pit smokers to help cook food for the event. We are also requesting the use of the grass area of the baseball field for parking. This event is to take place on July from the hours of 11:00 am--7:00pm. This is a family focus event for our local community. Everyone is welcome to come. Any questions or concerns please contact Sharon Ellison or Kerin Brown Thanks in advance The ROCKYHILL Committee

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105 Motion to Enter into Executive Session I move that we now enter into closed session as allowed by O.C.G.A and pursuant to advice by the City Attorney, for the purpose of discussing And that we, in open session, adopt a resolution authorizing and directing the Mayor or presiding officer to execute an affidavit in compliance with O.C.G.A , and that this body ratify the actions of the Council taken in closed session and confirm that the subject matters of the closed session were within exceptions permitted by the open meetings law. Motion to Adopt Resolution after Adjourning Back into Regular Session I move that we adopt the resolution authorizing the Mayor to execute the affidavit stating that the subject matter of the closed portion of the council meeting was within the exceptions provided by O.C.G.A (b).