Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken.

Transcription

1 Unified Government of Athens-Clarke County, Georgia Tuesday, July 2, :00 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in regular session. Present: Mayor Denson; Commissioners Lowry, Sims, Maxwell, Wright, Bailey, Robinson, Hoard, Herod, Girtz, and Hamby. No one was absent. Reconsideration A motion was made by Commissioner Hoard, seconded by Commissioner Hamby, to reconsider action of Tuesday, June 4, 2013 regarding denial of a request of James E. Wallace, for Whistlebury Condominium, LP, for amendment of special use in C-D(RIV) (Commercial-Downtown, River Downtown Design Area) on acres known as 86 North Avenue. Proposed use is multi-family residential. (Book 13, Page 6) The motion passed by roll call vote with Commissioners Lowry, Sims, Bailey, NeSmith, Hoard, Girtz, and Hamby voting YES; and Commissioners Maxwell, Wright, and Herod voting NO. (7 YES; 3 NO) A motion was made by Commissioner Sims, seconded by Commissioner Herod, to approve Minutes of meetings of Tuesday, June 2, 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 13 items. The motion passed by unanimous vote. 1. ADOPT: The following ordinance (# ) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REVERSING THE CURRENT DESIGNATION OF ONE- WAY TRAFFIC FLOW NORTHBOUND TO ONE-WAY TRAFFIC FLOW SOUTHBOUND ON NORTH NEWTON STREET BETWEEN MEIGS STREET AND PRINCE AVENUE, THE DESIGNATION OF THE INTERSECTION OF MEIGS STREET AND NORTH NEWTON STREET AS AN ALL-STOP INTERSECTION; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Pursuant to Section (a)(1)c. of the Code of Athens-Clarke County, Georgia, the current one-way northbound traffic flow on that section of North Newton Street between Meigs Street and Prince Avenue is hereby reversed to one-way southbound traffic flow, as shown on Attachment 1 hereto. SECTION 2. In accordance with Section (a)(1)f. of the Code of Athens- Clarke County, Georgia, the intersection of North Newton Street and Meigs Street is

2 hereby designated an all-stop intersection. Stop signs shall be placed at said intersection so that all vehicles shall be required to stop at all approaches before entering said intersection, as shown on Attachment 1 hereto. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. ADOPT: The following ordinance (# ) which was presented by title only. APPROVE: Submittal of all necessary documents to the Georgia Department of Public Safety for renewal and update of the current Athens-Clarke County Speed Detection Device Permit; and AUTHORIZE: The Mayor to sign all documents associated with the renewal of the current Speed Detection Device Permit as per agenda report dated June 6, AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO SPEED ZONES AND SPEED DETECTION DEVICE PERMITS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows. SECTION 1. In accordance with Sections and of the Code of Athens- Clarke County and Sections and of the Official Code of Georgia Annotated, the following attached speed zones and limits (Attachment #1) are hereby adopted based on an engineering and traffic investigation as prescribed by law and incorporated herein by reference. SECTION 2. The effective date of this ordinance shall be January 1, SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. ADOPT: The following ordinance (# ) which was presented by title only to levy and assess taxes for the year 2013 as requested by the Clarke County School District. AN ORDINANCE TO LEVY AND ASSESS TAXES FOR THE CLARKE COUNTY BOARD OF EDUCATION FOR THE CLARKE COUNTY SCHOOL DISTRICT, ATHENS- CLARKE COUNTY, GEORGIA; FOR THE YEAR 2013, AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The following tax, as authorized by the Georgia Constitution, Article VIII, Section VI, Paragraph I, is hereby levied and assessed for the year 2013; and the following described property shall be subject to the tax hereinafter prescribed. SECTION 2. There is hereby levied and assessed for the year 2013 on all of the taxable property in Athens-Clarke County, Georgia, ad valorem taxes for school purposes for maintenance and operation at the rate of mills, as certified by the Clarke County Board of Education, upon the value of said property as fixed by the Tax Digest of Athens- Clarke County. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. ADOPT: The following ordinance (# ) which was presented by title only amending the FY14 Superior Court ($30,000) and the Clerk of Courts ($15,000) budgets for the first six months of the CJCC Grant (January through June 2014). The matching requirement for the first six months of the grant is the benefits cost of the three positions, estimated to be $11,250;

3 APPROVE: Superior Court s Criminal Justice Coordinating Council Grant (CJCC) application for, and if awarded, acceptance of STOP VAWA grant funds in the amount of $90,000 to fund in calendar year (CY) 2014: i. one authorized full-time Probation Officer position in Superior Court Probation Services ii. one authorized full-time Clerk position in the Clerk of Courts Office; APPROVE: Continuation of one full-time equivalent authorized position for Superior Court Probation Services and one full-time authorized position for the Clerk of Court's Office for additional domestic violence support for CY14; AUTHORIZE: the Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE FY2014 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL FOR PERSONAL SERVICE AND OPERATING EXPENSES FOR DOMESTIC VIOLENCE CASE SUPERVISION; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding, if awarded, from the Georgia Criminal Justice Coordinating Council for personal service and operating expenses for domestic violence case supervision and processing. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Stop Violence Against Women Grant (CJCC) $90,000 EXPENDITURES: Increase: Superior Court- Personal Services $60,000 Clerk of Courts- Personal Services $30,000 Total $90,000 SECTION 2. All ordinances or part of ordinances in conflict herewith are hereby repealed. 5. ADOPT: The following ordinance (# ) which was presented by title only amending the Solicitor General's Office FY14 Budget ($50,000) and related operating expenses for the first six months of the CJCC Grant (January through June 2014). The match requirement to be fulfilled by a portion of the salary of a current victim advocate is $12,500 for the first six months of the grant; APPROVE: Solicitor General s submission of Criminal Justice Coordinating Council (CJCC) grant application for and, if awarded, acceptance of STOP Violence Against Women (VAWA) grant funds in the amount of $100,000 to be used to fund one Domestic Violence Prosecutor position and necessary supplies and training for the prosecution of domestic violence cases in calendar year (CY) 2014; APPROVE: continuation of one full time authorized position for the Solicitor General's Office specialized domestic violence prosecution in CY 2014; and AUTHORIZE: The Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE FY2014 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING FROM THE GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL FOR TWO FULLTIME POSITIONS AND ASSOCIATED EXPENSES TO SUPPORT DOMESTIC VIOLENCE CASES; AND FOR OTHER PURPOSES.

4 The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding from the Georgia Criminal Justice Coordinating Council for two fulltime positions and associated expenses to support domestic violence cases. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Stop Violence Against Women Grant (CJCC) $100,000 EXPENDITURES: Increase: Solicitor General Operating Expenses $100,000 SECTION 2. hereby repealed. All ordinances or parts of ordinances in conflict herewith are 6. APPROVE: Expansion of the bus stop bay on the south side of Broad Street, between Herty Drive and Lumpkin Street, as illustrated in Attachment # 2 of agenda report dated May 8, 2013, and APPROVE: Elimination of four on-street parallel parking spaces on the south side of Broad Street between Herty Drive and Lumpkin Street. 7. APPROVE: Request to quitclaim the unopened right-of-way running behind 485 Hillcrest Avenue from Hill Street to its end adjacent to 184 Mathews Avenue as shown on Attachment #1 of agenda report dated June 6, 2013; and AUTHORIZE the Mayor and appropriate staff to sign any future requests for quitclaim relative to this unopened right-of-way for any of the other adjacent property owners. 8. APPROVE: Grant of a permanent encroachment into the Baxter Street right-ofway to the University of Georgia for the installation of a campus steam line and chilled water line due to the construction of the new Bolton Dining Commons project with the conditions stated in Facts and Issues #5 and #6 of agenda report dated June 6, 2013; AUTHORIZE: The Mayor and appropriate staff to execute all necessary documents to acquire approximately acres from the Board of Regents in exchange for the permanent encroachment as identified in Facts and Issues #7 of said agenda report; and AUTHORIZE: The Mayor and appropriate staff to execute all necessary documents to exchange approximately acres of land adjacent to the Chicopee Complex for the College Station Road property necessary to construct the new bridges over the Middle Oconee River as identified in Facts and Issues #8 and #9 of said agenda report. 9. APPROVE: Execution by the Mayor of a Letter of Agreement with the Board of Regents of the University System of Georgia for the annual traffic signal maintenance of the six traffic signals on the UGA campus as shown in Attachment #1 of agenda report dated May 29, APPROVE: Sub-Projects #4-01 through #4-11 Proposed Concepts for the Integrated Public Safety /Judicial Information System (SPLOST 2011 Project #04) as shown on Attachment #1 of agenda report dated May 29, 2013;

5 AUTHORIZE: Staff to advance Sub-Projects #4-02 through #4-11 to the Bid and Award Phase in accordance with the approved project concepts and the Unified Government purchasing procedures; and DECLARE: That it is not appropriate for public art elements to be included as part of Sub-Projects #4-01 through #4-11 of SPLOST 2011 Project # APPROVE: Execution by staff of Change Order #5 to the construction services agreement with R.W. Allen, LLC for the Classic Center Expansion (SPLOST 2011 Project #02), in the amount not to exceed $415, for additional project scope as described in Attachment #1 of agenda report dated May resulting in a new Guaranteed Maximum Price (GMP) amount of $19,467,541.19; and AUTHORIZE: The Mayor and appropriate staff to execute all related documents. 12. APPROVE: Development by staff of preliminary sidewalk construction plans along the following roadway sections as part of the FY13 Sidewalk Improvement Program as per agenda report dated June 6, 2013: - Barnett Shoals Road (west side) between Research Road and Shoal Creek Apartments - Epps Bridge Road (east side) between Laurel Ridge Apartments and Racetrac Convenience Store 13. HOLD: Solid Waste commercial curbside residential collection program changes. Old and new business Discussion Citizen input There was no citizen input. A motion was made by Commissioner Sims, seconded by Commissioner Girtz, to ADOPT: The following ordinance (# ) which was presented by title only; AUTHORIZE: Submission of a Curbside Value Partnership (CVP) Connect Education Award Program by the Solid Waste Department for CVP Connect Education Award for Program 1: Matching Education Grant and Program 2: CVP Test Kitchen, to fund curbside recycling education for the Solid Waste Department as per agenda report dated May 27, 2013; AUTHORIZE: Acceptance of the grants; and AUTHORIZE: The Mayor and appropriate staff to execute all necessary documents. The motion passed by roll call vote with Commissioners Sims, Maxwell, Wright, Bailey, NeSmith, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioner Lowry voting NO. (9 YES; 1 NO) AN ORDINANCE TO AMEND THE FY2014 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT

6 FUNDING, IF AWARDED, FROM THE CURBSIDE VALUE PARTNERSHIP (CVP) CONNECT EDUCATION AWARD PROGRAM FOR EXPENSES RELATED TO RECYCLING EDUCATION; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund establish grant funding, if awarded, for expenses related to recycling education. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: CVP Grant Funding $15,000 EXPENDITURES: Increase: Solid Waste Recycling: Operating Expenses $15,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Hoard, seconded by Commissioner NeSmith, in regard to South Milledge Avenue at Whitehall Road intersection improvements project concept approvals: IDENTIFY: The preferred intersection reconfiguration as a roundabout to be constructed in two phases as shown in Attachment #1 of agenda report dated June 6, 2013; APPROVE: The first phase of the project to be the lowering of the vertical curve on Whitehall Road to improve vehicle sight distance; and AUTHORIZE: Staff to begin the preliminary engineering of the roundabout at the Whitehall Road/South Milledge Avenue/Phoenix Road intersection once the traffic volumes increase to a level that justifies the improvement. The motion passed by unanimous vote. A motion was made by Commissioner Lowry, seconded by Commissioner Sims, to approve the proposed concept for a 2014 Voting Precinct Plan as per agenda report dated May 29, The motion passed by unanimous vote. 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 New business Consider under suspension of rules

7 A motion was made by Commissioner Sims, seconded by Commissioner Herod, to suspend Rules of Commission for consideration of one item of new business. The motion passed by unanimous vote. A motion was made by Commissioner Girtz, seconded by Commissioner NeSmith, to approve the following Nominating Committee report for appointments to various boards, authorities, and commissions. The motion passed by unanimous vote. Airport Authority Claudio Lopez Four-year term expiring Jeffrey Holder Four-year term expiring Athens Downtown Development Chris Blackmon (reappointment) Authority two-year term expiring (downtown property owner) William Overend (reappointment) Two-year term expiring (downtown business owner) Hearings Board Thomas (Pat) Shearer Four-year term expiring Laura Wiese Four-year term expiring Edward Simpson (reappointment) Four-year term expiring Historic Preservation Commission Sharon Bradley (reappointment) Three-year term expiring Kevin Garrison Three-year term expiring Planning Commission Dale Hall (reappointment) Five-year term expiring Lucy Rowland (reappointment) Five-year term expiring Reconsideration of June 4 action regarding North Avenue special use request A motion was made by Commissioner Girtz, seconded by Commissioner Herod, to DENY the request of James E. Wallace, for Whistlebury Condominium, LP, for amendment of special use in C-D(RIV) (Commercial-Downtown, River Downtown Design Area) on acres known as 86 North Avenue. Proposed use is multi-family residential. Type II The motion passed by roll call vote with Commissioners Lowry, Bailey, NeSmith, Hoard, Herod, and Girtz voting YES; and Commissioners Sims, Maxwell, Wright, and Hamby voting NO. (6 YES; 4 NO) Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission. A public hearing was held on request of Williams & Associates for MTT,LLC for rezoning from conditional use in RS-25 (Single-Family Residential) to C-N(PD) (Commercial-Neighborhood Planned Development) on 3.56 acres known as 1165

8 Oglethorpe Avenue. Proposed use is a medical center. This will require an amendment to the Future Development Map from Community Institutional to Traditional Neighborhood. Type I Planning Commission recommendation: Approve w/conditions (unanimous) Citizen input The following citizen input was received. 1. Scott Haines, Williams and Associates, representing petitioner supported. 2. Jon Williams, Williams and Associates, representing petitioner supported. 3. Maggie Kelleher, Breckenridge Lane opposed. 4. Dr. Will Chafin, rheumatologist supported. 5. Dustin Baker, 113 South Creek Place opposed. 6. Mary Willoughby, 140 Valleybrook Drive need crosswalk improvements. A motion was made by Commissioner NeSmith, seconded by Commissioner Hoard, 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 THE TRACT OF LAND AT 1165 OGLETHORPE AVENUE FROM COMMUNITY INSTITUTIONAL 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 the approximate 3.56-acre tract located at 1165 Oglethorpe Avenue, Athens-Clarke County, tax map number 121B1 A011A, from Community Institutional to Traditional Neighborhood, as more particularly shown on Exhibit A, 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 said Clerk's Office, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner NeSmith, seconded by Commissioner Hoard, 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 FROM CONDITIONAL USE IN RS-25 (SINGLE-FAMILY RESIDENTIAL) TO C-N (PD) (COMMERCIAL-NEIGHBORHOOD, PLANNED DEVELOPMENT) DISTRICT FOR 1165 OGLETHORPE AVENUE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: 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 the approximate 3.56-acre tract of land located at 1165 Oglethorpe Avenue from Conditional Use in RS-25

9 (Single-Family Residential) to C-N (PD) (Commercial-Neighborhood, Planned Development), as shown on Attachment A hereto. Said affected tract of land is more fully described as follows: All that tract of land located in Athens-Clarke County, Georgia, as described in the drawing entitled Arthritis Center of NE Georgia, Athens-Clarke County, GA; 3.56 Acres 1165 Oglethorpe Avenue (Portion of This Original Property); 12128, Planned Development Plan dated January 23, 2012, revised May 3, 2013, prepared by Williams & Associates, on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. Said tract is also known as tax parcel 121B1 A011A 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 West Dougherty, 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 site plan associated with this ordinance and incorporated herein by reference consists of a total of four sheets: Sheet 1 of which being entitled Arthritis Center of NE Georgia, Athens-Clarke County, GA; 3.56 Acres 1165 Oglethorpe Avenue (Portion of This Original Property); 12128, Planned Development Plan dated January 23, 2013, revised May 3, 2013, prepared by Williams & Associates; Sheet 2 of which consisting of architectural elevations and being entitled Arthritis Center, 1165 Oglethorpe Avenue, Athens, Georgia Sheet Number A-200, revised May 3, 2013, prepared by AMT Engineers, Architects, Planners; Sheet 3 of which consisting of architectural elevations and being entitled Arthritis Center, 1165 Oglethorpe Avenue, Athens, Georgia Sheet Number A-201, revised May 7, 2013, prepared by AMT Engineers, Architects, Planners; Sheet 4 of which consisting of architectural elevations and being entitled Arthritis Center, 1165 Oglethorpe Avenue, Athens, Georgia Sheet Number A-202, revised May 7, 2013, prepared by AMT Engineers, Architects, Planners. Each of said sheets being stamped Binding Site Plan 6/10/13. The binding written report associated with this ordinance and incorporated herein by reference consists of a total of six pages and is entitled Planned Development Narrative, Arthritis Center of Northeast GA, 1165 Oglethorpe Avenue, Athens, Georgia; Parcel #: 121B1 A011A dated May 3, 2013, prepared by Williams and Associates and stamped Binding Report 6/10/13, and is on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. SECTION 3. The conditions of rezoning associated with this ordinance are as follows: 1. The site plan shall be revised to indicate that an 80 ft. future right-of-way is to be dedicated as part of this proposal 2. Any safety fencing to be installed around the stormwater retention area shall be constructed of decorative aluminum or iron. 3. Either the architectural elevations of Building B or the site plan shall be revised so that the number of public entrances on the east and west elevations are consistent. 4. All plant material to be installed on the eastern side of the buffer fence shall be a minimum of eight feet in height at time of planting. An alternate evergreen plant material to be approved by the Athens-Clarke County Planning Director at time of permitting shall be substituted for the proposed short-leaf pine plant material. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Greg Catoe/Selig Enterprises, Inc. for Armstrong & Dobbs, Inc. et al for special use in the C-D(RIV) (Commercial-Downtown, River Downtown Design Area) on acres known as 0, 710, 780, 786, and 790 East Broad Street; 251, 315, 319, 327, 335, 357, and 367 Oconee Street; 0 and 190 Wilkerson Street. Proposed use is mixed-use commercial and residential. Type II Planning Commission recommendation: Approve w/conditions (unanimous) Citizen input

10 The following citizen input was received. 1. Mike Morris, attorney representing petitioner supported. 2. Jo Ann Chitty, 4211 Woodby Way, Smyrna, representing Selig Enterprises supported. 3. Tyler Dewey, 1031 Jeremy Drive, Bike Athens concerned about Fire Fly Trail. 4. Ed Nichols, 345 Ashbrook Lane, manager at 296 Oconee Street supported. 5. Russell Edwards, 400 Duncan Springs Road table. 6. Ethan Epps, 137 Peter Street opposed. 7. Janet Geddis, 260 Crawford Avenue table. 8. Charlie Maddox. 115 Avalon Drive supported. 9. Marvin Nunnally, 496 Reese Street supported. 10. Melissa Link, 148 Hiawassee Avenue opposed. 11. Allison Newman, 463 Little Oak Street - opposed. 12. Lauren Farmer, 547 Boulevard table. 13. Donna Alvermann, 430 Gran Ellen Drive table. 14. Laurin Smith, 196 University Drive table. 15. Elizabeth Gilland, 2374 South Milledge Avenue table. 16. Bob Googe, 160 Autumnwood Avenue, owner Jittery Joe s supported. 17. Jerry Daniel, 197 Beulah Avenue - supported. 18. James Wilson, 260 Crawford Avenue table. 19. Sydney Bacchus, P.O. Box 174 table. 20. Timothy Denson, 190 Indale Avenue table. 21. Ed Thomas, 645 Boulevard supported. 22. Doc Eldridge, 340 West Lake Drive supported. 23. Karen Uhlmeyer, 270 Johnson Drive table. A motion was made by Commissioner Bailey, seconded by Commissioner NeSmith, to TABLE this special use request. A substitute motion was made by Commissioner Girtz, seconded by Commissioner Hamby, to approve the special use request with the following additional commission-defined conditions: 7. The Plaza area shall be redesigned to provide a 10-foot wide bike and pedestrian connection from Hickory Street Extension to the eastern property line to provide a direct connection to the center line of the existing rail bed at a grade not to exceed five percent. The two 5-foot bike lanes on Hickory Street Extension shall be placed between the on-street parking areas and the sidewalk. These bike lanes shall be separated in such a manner that parked cars will not impede the path. 8. Should the applicant seek use of Athens-Clarke County property for a slope easement toward the Firefly Trail or for other purposes, such application shall include a design for the trail interconnection.

11 Commissioner NeSmith offered a friendly amendment that the Ralls-to-Trails Committee and the Oconee Rivers Greenway Commission be consulted prior to final design for the Firefly Trail. Commissioner Girtz amended his motion to include that staff host a meeting with the Greenway Commission and the Rails-to-Trails Committee as part of the process for Commission-defined option condition #8. The amendment was accepted by Commissioner Hamby. The motion as amended passed by roll call vote with Commissioners Lowry, Sims, Wright, NeSmith, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioners Maxwell and Bailey voting NO. (8 YES; 2 NO) 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 SPECIAL USE APPROVAL IN THE C-D (RIV) (COMMERCIAL-DOWNTOWN, RIVER DOWNTOWN DESIGN AREA) DISTRICT ON ACRES OF LAND LOCATED AT 0, 710, 780, 786, AND 790 EAST BROAD STREET; 251, 315, 319, 327, 335, 357 AND 367 OCONEE STREET; 0 AND 190 WILKERSON STREET; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The currently existing C-D (RIV) (Commercial-Downtown, River Downtown Design Area) District on approximately acres of land located on sixteen parcels of land at 0, 710, 780, 786, and 790 East Broad Street; 251, 315, 319, 327, 335, 357 and 367 Oconee Street; and 0 and 190 Wilkerson Street is hereby amended to provide for Special Use approval to permit the construction of multifamily dwellings arranged in a manner not permitted within a Commercial zoning district by waiving the requirement of Section L(1) of the Code of Athens-Clarke County, Georgia limiting multi-family uses to the second story and above or in the basement level of structures and requiring that at least fifty percent of the ground floor shall be leasable commercial space not used for parking or self-service storage, to permit the construction of up to fifteen residential dwelling units on the ground floor of Building 300 to be constructed on said parcels. The affected parcels of land are more fully described as follows: All that tract of land as described in the drawing entitled Mixed Use Development; Athens, GA; Reference Site Plan, dated May 3, 2013, prepared by Niles Bolton Associates, on file and available for public inspection in the Office of the Athens- Clarke County Planning Department. Said property is also known as parcel numbers 171B4, C003B, C004, C002, C003, C001, C007, C008, C008A, C009, C010, C011, C012, C015, C016, and C014 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 7 sheets, Sheet 1 of which being entitled Mixed Use Development; Athens, GA; Reference Site Plan, dated May 3, 2013, prepared by Niles Bolton Associates, and being stamped Binding Site Plan 6/10/13, Sheet 2 of which being entitled Mixed Use Development; Athens, GA; Ground Level Building Use, dated May 3, 2013, prepared by Niles Bolton Associates, and being stamped Binding Site Plan 6/10/13, Sheet 3 of which being entitled Mixed Use Development; Athens, GA; Residential Level - Typical, dated May 3, 2013, prepared by Niles Bolton Associates, and being stamped Binding Site Plan 6/10/13, Sheet 4 of which being entitled Mixed Use Development; Athens, GA; Building 100 Exterior Elevations, dated May 3, 2013, prepared by Niles Bolton Associates, and being stamped Binding Site Plan 6/10/13, Sheet 5 of which being entitled Mixed Use Development; Athens, GA; Building 200 Exterior Elevations, dated May 3, 2013, prepared by Niles Bolton Associates, and being stamped Binding Site Plan 6/10/13, Sheet 6 of which being entitled Mixed Use Development; Athens, GA; Building 300 Exterior Elevations, dated May 3, 2013, prepared by Niles Bolton Associates, and being stamped Binding Site Plan 6/10/13, and Sheet 7 of which being entitled Mixed Use Development; Athens, GA; Building 400 Exterior Elevations, dated May 3, 2013, prepared by Niles Bolton Associates, and being stamped Binding Site Plan 6/10/13, all said sheets being on file and available for public inspection in the Office of the Athens-Clarke County Planning Department.

12 The binding written report associated with this ordinance and incorporated herein by reference consists of two pages, being entitled Application Report, Special Use Permit Request, 315 Oconee Street and Adjacent Parcels being stamped Binding Report 6/10/13 and being on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. SECTION 3. The conditions of zoning associated with this ordinance are as follows: 1. A recombination plat shall be submitted and approved prior to the release of any permits. Said plat shall indicate the mandatory dedication of future rights-of-way along all adjacent streets. 2. Ground-floor residential dwellings, not to exceed fifteen total units, shall only be located in Building #300 as indicated on the binding site plans. 3. A transit stop shall be installed along Oconee Street, to be funded at the developer s expense, the exact location of which to be determined the by Athens- Clarke County Transit Director. 4. The architectural elevations shall be revised so that the entrances to the parking decks along the new section of Hickory Street shall be a minimum of fifteen feet in height at the lowest point. 5. Bicycle parking shall be accommodated in accordance with the zoning and development standards. 6. Trees shall be required along East Broad Street, Wilkerson Street, Oconee Street, the new section of Hickory Street, and the Firefly Trail in the number indicated on the plans, with species, size, and location to be determined in accordance with the Athens-Clarke County Community Tree Management ordinance and approval of the Athens-Clarke County Department of Fire and Emergency Services. 7. The Plaza area shall be redesigned to provide a 10-foot wide bike and pedestrian connection from Hickory Street Extension to the eastern property line to provide a direct connection to the center line of the existing rail bed at a grade not to exceed five percent. The two 5-foot bike lanes on Hickory Street Extension shall be placed between the on-street parking areas and the sidewalk. These bike lanes shall be separated in such a manner that parked cars will not impede the path. 8. Should the applicant seek use of Athens-Clarke County property for a slope easement toward the Firefly Trail or for other purposes, such application shall include a design for the trail interconnection. 9. The plaza space shall be redesigned to include a ramp that will safely and conveniently accommodate bicycle access from the Firefly Trail. 10. The site plan shall be revised to correct the proposed overall square footage of the development. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Citizen input on items other than those listed on this agenda The following citizen input was received. 1. Syndey Bacchus ACC water has problems with arsenic and fluoride. 2. Timothy Denson opposed public curfew law. FROM MAYOR DENSON: 1. Congratulated Commissioner Bailey for a very successful AthFest; many compliments were expressed. 2. Congratulated Manager Reddish who at the June 26 Athens Rotary meeting was given the Lee Arrendale Award for Vocational Service. This award recognizes a Rotarian for their efforts in their vocation. For his work in the last 12 years as Manager of Athens-Clarke County, his leadership in three separate SPLOST programs that still have a tremendous impact on our community, and as the lead official in negotiating the successful location of Caterpillar to our community and ALL the jobs they will bring, Manager Reddish is well deserving and has truly earned this honor and award.

13 FROM MANAGER REDDISH: The following status report of contracts in excess of $10, awarded by the Manager and Purchasing Division during May 2013 was presented for information only. Manager Awarded Contracts: 05/21/13 North Central Bus & Equipment Van $131, Purchasing Awarded Contracts: TOTAL MANAGER AWARDED CONTRACTS: $131, /01/13 Metrocount USA, Inc. Classifier $10, /01/13 Athens Janitor Supply Supplies $31, /01/13 WW Williams Southeast Motor $19, /01/13 WW Williams Southeast Motor $36, /02/13 PS Energy Group Fuel $21, /02/13 PS Energy Group Fuel $22, /02/13 Polydyne, Inc. Polymer $23, /03/13 WW Williams Southeast Compressor $18, /06/13 Consolidated Pipe & Supply Valve $23, /06/13 Recycle Away Systems Bins $47, /06/13 CC Dickson Company HVAC $19, /06/13 Hach Company Software $19, /06/13 All Phase Electric Supply Supplies $17, /07/13 Great Lakes Petroleum Co. Fuel $10, /07/13 NAFECO, Inc. Gear $22, /07/13 National Building Contractor Sealant $78, /07/13 Karbon Arms Supplies $16, /08/13 Shade Systems Shade $17, /09/13 PS Energy Group Fuel $21, /09/13 PS Energy Group Fuel $20, /09/13 Garrett Paving Company Repave $22, /10/13 Sutherlands Foodservice Food $27, /13/13 Acree Oil Company Fuel $61, /14/13 BAA Mechanical Engineers HVAC $34, /14/13 Consolidated Pipe & Supply Taps $30, /16/13 Steele & Associates Floor $13, /17/13 Green South Equipment Vehicle $11, /17/13 Temple, Inc. Cabinet $10, /17/13 Consolidated Pipe & Supply Fittings $16, /21/13 Gulf States Distributors Ammunition $12, /21/13 Boswell Electrical Lights $13, /21/13 Hach Company Spectrophotometers $23, /21/13 Sico America, Inc. Stage $56, /24/13 HE Supply Waterworks Fittings $12, /24/13 Apollo Video Technology Parts $16, /24/13 5 Point Solution Conversion $23, /30/13 PS Energy Group Fuel $22, /31/13 Acree Oil Company Fuel $87, /31/13 PS Energy Group Fuel $21, /31/13 Delta Municipal Supply Meters $14, Total purchasing awarded contracts: $1,028, TOTAL CONTRACTS AWARDED MAY 2013: $1,160, FROM COMMISSIONER WRIGHT: 1. Stated the sidewalk list dated June 21 is the most current. FROM COMMISSIONER GIRTZ 1. Requested the Planning Commission review CD zoning district design guidelines with attention to:

14 Vertical separation requirements; whether a greater variety of textures or relief elements are necessary Whether block lengths should be more tightly managed Whether there should be an overall size limitation on individual uses The imposition of tighter maximum parking requirements Whether there should be less uniformity in height for individual parcels of a certain size, or as a structure abuts the street frontage (should a structure be lower on the street but higher in the center of a parcel?) FROM COMMISSIONER HEROD: 1. Stated a neighborhood meeting to discuss the proposed planned development by the Kroger Company at the College Station Shopping Center will be held Monday, June 22, 7:00 p.m. at Gaines Elementary School cafeteria. FROM COMMISSIONER HOARD: 1. Stated kudos go to Commissioner Bailey and his staff for the very successful recent AthFest event. 2. Congratulated Kyle Hendrix who was recently appointed acting Fire Chief. 3. Congratulated Manager Reddish on his recent and well-deserved recognition by the Athens Rotary Club. 4. Requested an update on operation of the diversion center is the intended purpose of the center being achieved? FROM COMMISSIONER HAMBY: 1. Thanked Commissioner Girtz for his work on the Selig special use project. 2. Stated recommendations from the Urban Land Institute regarding Atlanta Highway redevelopment will be forthcoming in the next six weeks. He thanked the committee members who attended the recent work session, as well as Alan Reddish, Brad Griffin, Butch McDuffie, Santiago Contreras, Jerry Oberholtzer, Ryan Moore, and Juanita Page for their participation and assistance. FROM COMMISSIONER NESMITH: 1. Expressed appreciation to Attorney Berryman, Manager Reddish, and staff for their work ethics. 2. Supported Commissioner Girtz s request for review of CD zoning district design guidelines. 3. Stated he is excited about the forthcoming recommendations on the Atlanta Highway redevelopment. FROM COMMISSIONER BAILEY: 1. Stated the recent AthFest was a success due to good volunteers, and ACC Police and Leisure Services Departments, in particular Leisure Services Director Pam Reidy who was, in a personnel shortage, observed loading equipment. 2. Requested Manager place on an upcoming work session a single use plastic bag ban. The meeting adjourned at 10:20 p.m. Clerk of Commission