Newnan City Council Meeting April 11, :30 P.M. A G E N D A

Transcription

1 Newnan City Council Meeting April 11, :30 P.M. A G E N D A CALL TO ORDER Mayor Keith Brady INVOCATION READING OF MINUTES I Minutes from Special Called Meeting on March 28, 2017 (4:30 pm)... Tab A II Minutes from Regular Meeting on March 28, Tab B III Minutes from Special Called Retreat Meeting on March 31, Tab C REPORTS OF BOARDS AND COMMISSION I 5 Appointments Newnan Youth Activities Commission 3 Year Terms II 3 Appointments Urban Redevelopment Agency 3 Year Terms REPORTS ON OPERATIONS BY CITY MANAGER REPORTS AND COMMUNICATIONS FROM MAYOR NEW BUSINESS I Surplus Property Declaration and Disposition... Tab D II NCAC-Performance Agreement between City of Newnan and David Van Drew (LW3) for performance at the Wadsworth Auditorium on Saturday April 15, 2017 at 8:00 pm... Tab E

2 NEWNAN CITY COUNCIL MEETING AGENDA April 11, 2:30 P.M.... Page 2 III NCAC-Performance Agreement between City of Newnan and Masterworks Chorales and its Artistic Director Kathy Bizarth for performance at the Wadsworth Auditorium on Saturday April 22, 2017 at 7:00 pm... Tab F IV Request by Craig Stafford, LLC to accept a recently constructed extension of Ashley Park Boulevard into the City s Street System... Tab G V Request by Andrew Whitlock, Paul Whitlock, Jr. and Rebecca Lou Jones, to annex a portion of tax parcel of approximately acres located at 120 Whitlock Road on the north side of the intersection of Newnan Bypass and Hospital Road into the City Limits of Newnan Refer to Planning Commission... Tab H UNFINISHED BUSINESS I 2 nd and Final Reading Ordinance to Amend the Zoning Map for Property Located in Land Lot 75 of the 5 th Land District Located on 55 Millard Farmer Industrial Boulevard, Tax Map No. N57A 081 in the City of Newnan, Georgia... Tab I II 79 Spence Street Owner request for extension... Tab J III 121 Pinson Street Owner request for extension... Tab K IV Status Reports 7 Upper Mann Street, 29 Wilcoxon Street, 136 Spring Street, and 286 West Washington Street... Tab L VISITORS, PETITIONS, COMMUNICATIONS & COMPLAINTS EXECUTIVE SESSION LEGAL, PERSONNEL AND REAL ESTATE ADJOURNMENT

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11 City of Newnan, Georgia - Mayor and Council Date: April 11, 2017 Agenda Item: 1 st Quarter Surplus Property Declaration and Disposition Presented by: Hasco Craver, Assistant City Manager Submitted by: Ronda Helton, Program Manager Purpose: To obtain Council approval of the disposal of the City s surplus and/or obsolete property per inventory schedule attached. Background: Surplus inventory items submitted by various departments Funding: N/A Recommendation: Staff recommends that Council declare as surplus the equipment listed on the attached Surplus Property Schedule and grant authorization for the disposal of such. Options: 1. Approve the request as submitted 2. Other action as directed by Council Attachments: Surplus Property Inventory Schedule Previous Discussion with Council: N/A

12 City of Newnan, Georgia 1st Quarter Fixed Assets Disposal Request Asset Tag # (required for Disposals) Addition (A), Transfer (T) or Disposal (D)? Asset Description w/vehicle # if applicable Gross Vehicle Weight (GVW) Serial/VIN Number Model Number Actual Cost (Estimated if from Surplus) From Dept # To Dept # Reason for Disposal/Comments D Crossroads Camper UNK 4V0TC32266D2041 ZINGER FIRE TOO COSTLY TO REPAIR D 1986 CHEVROLET PICKUP GCHD341GF FIRE TOO COSTLY TO REPAIR D 1998 FORD F150 UNK 1FTZF1723WNB58055 FACILITIES TOO COSTLY TO REPAIR D 2000 FORD F FTRF17W9YNA19201 FACILITIES TOO COSTLY TO REPAIR D F-350 DUMP TRUCK 3FEKF37H4VMA49749 STREET TOO COSTLY TO REPAIR D DUMP BODY FOR ABOVE TRUCK STREET TOO COSTLY TO REPAIR D BOOM TRUCK 1FDYW82A4LVA27940 GARAGE TOO COSTLY TO REPAIR D FREIGHLINER 1FDXF80C8WVA27895 STREET TOO COSTLY TO REPAIR D DUMP BODY FOR ABOVE TRUCK STREET TOO COSTLY TO REPAIR D FORKLIFT GARAGE TOO COSTLY TO REPAIR D 2005 FORD F FTRF12W65NA62641 BUILDING DEPT TOO COSTLY TO REPAIR

13 David Van Drew THIS PERFORMANCE/ORGANIZER AGREEMENT is made and entered into as of this 11th day of April, 2017, by and between the City of Newnan, Georgia (hereinafter "Presenter'') and the performer/organizer David Van Drew (hereinafter Van Drew ) whose address is 12 Atkinson Street, New nan, G A It is understood that Van Drew will be performing as a part of the band known as the Leonard W ashington Trio (LW 3). LW 3 is composed of Blake Bryant, David Van Drew and Kirk Holt. Also joining LW 3 for this performa nce will be W arren Hall. In consideration of the mutual covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt, sufficiency, and adequacy of which are hereby acknowledged, V a n D r e w and Presenter hereby mutually agree as follows: 1. ENGAGEMENT. Presenter hereby engages V a n D r e w a n d L W 3 to render a musical performance immediately before the Big City Brian Wright & Friends Concert (hereinafter the "Performance"). Both the LW3 and Big City Brian Wright performances will be presented under the auspices of the City of Newnan Cultural Arts Commission ("NCAC"), and Van Drew hereby agrees to render such Performance, under the terms and conditions specified herein. 2. INDIVIDUALS TO PERFORM. V a n D r e w shall organize the attendance of the musical performers named on Exhibit "A" to accompany him at the Performance and shall contract directly with each Performer for all performance fees and travel allowances. V a n D r e w s obligation to perform hereunder is subject to his unavailability as a result of sickness, accidents, acts of God, and other reasons beyond Van Drew s control. Unavailability of other performers shall not effect Van Drew s obligation to perform. 3. LOCATION OF PERFORMANCE. The Performance will take place at the following venue: Name: Street Address: City/State/Zip: Telephone: The Charles Wadsworth Auditorium 25 Jefferson Street Newnan, Georgia Presenter shall supply sound system, lights, and break music, any necessary security, and necessary door personnel at the venue. Presenter will manage the sale of all tickets at the venue, ticket outlets and online at and shall be entitled to all proceeds from the Performance. 4. DATE AND TIME OF PERFORMANCE. The day and date of the Performance shall be Saturday, April 15, 2017 at 8:00 p.m. 5. PAYMENTS BY PRESENTER. In full consideration for all services rendered by Van Drew as the musical performer/organizer, Presenter agrees to pay to Van Drew a fee of $ to compensate him and the other three performers for the LW3 performance on April PAYMENTS BY PERFORMER/ORGANIZER. Van Drew s hall pay e a c h individual p e r f o r m e r a Performance F e e and Travel Allowance, if required, from the performer/organizer fee paid by the Presenter to Van Drew. Page 1 of 2

14 David Van Drew 7. MERCHANDISE. At V a n D r e w s option, V a n D r e w a n d any other Performer may offer CDs. tapes, and other items for sale at the Performance. Performer 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. 8. CANCELLATION. Presenter shall have no liability to V a n D r e w or the performers hereunder for cancellation. 9. NO RECORDING OF PERFORMANCE. Presenter will not, nor will Presenter allow any others to tape, record, reproduce, or transmit in or from the premises in any manner or by any means, the Performance without the written approval of Wright and the other performers. 10. W-9 AND AFFIDAVIT VERIFYING STATUS FOR CITY OF NEWNAN PUBLIC BENEFIT. Performer agrees to execute the attached W-9 and Affidavit Verifying Status For City of Newnan Public Benefit. 11. MISCELLANEOUS. This Performance/Organizer Agreement and the attached rider(s), if any, set forth the entire agreement b e t we e n the parties, and may not be amended except in a writing signed by b o t h parties. This Performance/Organizer A g reement will be g o v e r n e d 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 Van Drew arising out of this Performance Agreement, the prevailing party will be entitled to receive from the losing party reasonable attorney's fees. Performer / Organizer and Presenter have each caused this Performance/Organizer Agreement to be signed by its duly authorized representative. PRESENTER CITY OF NEWNAN PERFORMER / ORGANIZER BY: David Van Drew, LW3 TITLE: Page 2 of 2

15 EXHIBIT A Leonard Washington Trio ( LW3) Performers Blake Bryant, LW3 David Van Drew, LW3 Kirk Holt, LW3 Warren Hall, Guest Performer Guitar/vocals Bass Guitar Drums Pedal Steel Guitar

16 MASTERWORKS CHORALE THIS PERFORMANCE/ORGANIZER AGREEMENT is made and entered into as of this _11 th day of April 2017, by and between the City of Newnan, Georgia (hereinafter "Presenter'') and the Masterworks Chorale and its Artistic Director Kathy Bizarth (hereinafter Bizarth ) whose address is 15 Inland Ct., Newnan, GA In consideration of the mutual covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt, sufficiency, and adequacy of which are hereby acknowledged, B i z a r t h and Presenter hereby mutually agree as follows: 1. ENGAGEMENT. Presenter hereby engages B i z a r t h to organi ze a musical performance to be billed as Still Swinging the Les Still Band and Masterworks Chorale. (hereinafter the "Performance"). The Performance will be presented under the auspices of the City of Newnan Cultural Arts Commission ("NCAC"), and Bizarth hereby agrees to organize such Performance, under the terms and conditions specified herein. 2. INDIVIDUALS TO PERFORM. B i z a r t h shall organize the attendance of the musical performers named on Exhibit "A" at the Performance and shall contract directly with each Performer for all performance fees and travel allowances. B i z a r t h obligation as a performer/organizer hereunder is subject to her unavailability as a result of sickness, accidents, acts of God, and other reasons beyond Bizarth s. Unavailability of other performers shall not affect Bizarth s obligation to perform. 3. LOCATION OF PERFORMANCE. The Performance will take place at the following venue: Name: Street Address: City/State/Zip: Telephone: The Charles Wadsworth Auditorium 25 Jefferson Street Newnan, Georgia Presenter shall supply sound system, lights, and break music, any necessary security, and necessary door personnel at the venue. Presenter will manage the sale of all tickets at the venue, ticket outlets and online at The Masterworks Chorale shall be entitled to all proceeds from the Performance. 4. DATE AND TIME OF PERFORMANCE. The day and date of the Performance shall be Saturday, April 22, 2017 at 7:00 p.m. 5. PAYMENTS BY PRESENTER. In full consideration for all services rendered by Bizarth as the musical performer/organizer, Presenter agrees to pay to Masterworks Chorale a fee of $ to compensate them for the performance on April PAYMENTS BY PERFORMER/ORGANIZER. Bi zarth shall pay e a c h i ndi vidual p e r f o r m e r a Performance F e e a n d / o r Travel Allowance from the performer/organizer fee paid by the Presenter to Masterworks Chorale, if required, as a condition of performing at the Performance. Page 1 of 2

17 MASTERWORKS CHORALE 7. MERCHANDISE. At B i z a r t h s option, B i z a r t h a n d any other Performer may offer CDs. tapes, and other items for sale at the Performance. Performer 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. 8. CANCELLATION. Presenter shall have no liability to B i z a r t h or the performers hereunder for cancellation. 9. NO RECORDING OF PERFORMANCE. Presenter will not, nor will Presenter allow any others to tape, record, reproduce, or transmit in or from the premises in any manner or by any means, the Performance without the written approval of Bizarth and the other performers. 10. W-9 AND AFFIDAVIT VERIFYING STATUS OF NEWNAN PUBLIC BENEFIT. Performer agrees to execute the attached W-9 and Affidavit Verifying Status For City of Newnan Public Benefit. 11. MISCELLANEOUS. This Performance/Organizer Agreement and the attached rider(s), if any, set forth the entire agreement b e t we e n the parties, and may not be amended except in a writing signed by b o t h parties. This Performance/Organizer A g r e e m e n t will be g o v e r n e d by a n d 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 Bizarth arising out of this Performance Agreement, the prevailing party will be entitled to receive from the losing party reasonable attorney's fees. Performer / Organizer and Presenter have each caused this Performance/Organizer Agreement to be signed by its duly authorized representative. PRESENTER BY: PERFORMER/ORGANIZER BY: TITLE: City of Newnan TITLE: Artistic Director, Masterworks Chorale Page 2 of 2

18 EXHIBIT A 1) The Les Still Big Band 2) Masterworks Chorale

19 City of Newnan, Georgia Mayor and Council Date: April 11, 2017 Agenda Item: Presented by: Street Acceptance New Extension of Ashley Park Boulevard Dean Smith, Planner Submitted by: Tracy Dunnavant, Planning & Zoning Director Purpose: Background: A request by Craig Stafford, LLC. to accept a recently constructed extension of Ashley Park Boulevard into the City s Public Street System. The new extension of Ashley Park Boulevard will continue the roadway to Newnan Crossing Bypass. Extension of Ashley Park Boulevard: 1, 102 lineal feet and 0.78 acres of right-of-way. Furthermore the sidewalk s length will be 2,427 lineal feet and 0.33 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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37 City of Newnan, Georgia - Mayor and Council Date: April 11, 2017 Agenda Item: 79 SPENCE AVE Prepared and Presented by: Adam Cash, Code Enforcement Officer Submitted by: Bill Stephenson, Chief Building Official Purpose: Owner to request an extension in order to complete repairs to the structure located at 79 Spence Avenue. Background: Owner: ANDRE SPARKS Date Sub-Standard housing file was opened: February 15, 2013 Does the cost to bring this structure into compliance by means of repair exceed 50% of the structure s assessed tax value? NO On February 15, 2013 the Building Department conducted an inspection of the premises and found the structure to be unsafe, uninhabitable, open and vacant. The structure has been determined to be unsafe as set forth by City Ordinance Section (a), Sub-sections (3, 5, 6, 7, 8, 9, 10). Options: Funding: 1. To approve the owner s request for an extension. 2. Other direction from Council. Not Applicable Recommendation: Staff is requesting Council s approval to proceed with Option 1. Previous Discussions with Council: February 27, 2013 Council informed of conditions. March 14, 2013 Public Hearing was requested. April 23, 2013 Public Hearing was held and Resolution was adopted to repair or demolish within 120 days. Owner informed Council that it would be one year before he could go onto the property. May 27, 2014 Owner requested a 180 day extension. Owner was to foreclose for right of redemption and provide Council with a scheduled list of repairs by August 26, 2014.

38 August 26, 2014 Owner requested a 90 day extension. Owner was to foreclose for right of redemption and provide Council with a scheduled list of repairs by November 25, November 25, Owner requested a 60 day extension. Owner was to foreclose for right of redemption and provide Council with a scheduled list of repairs by January 27, January 27, 2015 Owner did not attend. Cont d until April 14, 2015 meeting. April 14, Day Extension Granted August 11, 2015 Status Report Progress to Exterior September 8, 2015 Status Report Progress to Interior October 27, 2015 Status Report Progress to Interior November 10, Day Extension Granted December 15, 2015 Status Report No Progress January 12, Status Report Progress to Interior February 9, Status Report No Progress March 10, 2016 Status Report No Progress April 26, Day Extension Granted May 10, Status Report No Progress June 21, Status Report No Progress July 19, Status Report No Progress August 9, Status Report No Progress September 13, Status Report No Progress October 11, Day Extension Granted November 8, Status Report No Progress December 13, Status Report Progress to Interior January 10, Status Report No Progress February 21, 2017 Status Report No Progress March 14, 2017 Status Report No Progress

39 Good morning Adam, Please consider this my formal request for a 180 day extension to complete the remaining repairs to the property known as 79 Spence Avenue, Newnan Also, as per your request, I have attached the Schedule of Repairs for the above referenced property. Sincerely, André (Sparks) SCHEDULE OF REPAIRS RE: 79 Spence Ave Newnan, GA COMPLETION BY Interior Install remaining lighting fixtures 8/01/17 Install smoke detectors 8/10/17 Complete touch-up painting 9/28/17 Replace sub-floor in Kitchen & DR 7/10/17 Flooring Install new flooring throughout 7/30/17 Bathroom & Hall Replace sub-floor in bath & hall. 7/10/17 Install new bath tub & vanity 7/15/17 Exterior Re-paint exterior of dwelling including 9/28/17 foundation walls. Air & Water Have furnace cleaned & repaired as needed 8/20/17

40 City of Newnan, Georgia - Mayor and Council Date: April 11, 2017 Agenda Item: 121 PINSON ST Prepared and Presented by: Adam Cash, Code Enforcement Officer Submitted by: Bill Stephenson, Chief Building Official Purpose: Owner s 180 day extension expires on April 10, Owner to request an extension for repairs to be completed to the structure located at 121 PINSON ST. Background: Owner: JARVISS BALLARD & MARCUS BEASLEY Date Sub-Standard housing file was opened: March 21, 2013 Does the cost to bring this structure into compliance by means of repair exceed 50% of the structure s assessed tax value? YES Options: On March 21, 2013 the Building Department conducted an inspection of the premises and found the structure to be unsafe, uninhabitable, open and vacant. The structure has been determined to be unsafe as set forth by City Ordinance Section (a), Sub-sections (3, 4, 5, 6, 8, 9, 10). 1. Grant request from owner. 2. Other direction from Council. Funding: Not Applicable Recommendation: Staff is requesting Council s approval to proceed with Option 2. Previous Discussions with Council: August 2, 2013 Council informed of conditions. August 13, 2013 Public Hearing was requested. September 23, Public hearing was closed and the resolution was to be continued due to the time restrictions for properties purchased in a tax sale. February 10, day extension granted in order for owner to foreclose on property. August 21, day extension request granted in order for owner to foreclose on property.

41 September 8, 2015 No Progress October 15, 2015 No Progress November 10, 2015 No Progress December 15, 2015 No Progress January 12, 2016 No Progress February 9, 2016 No Progress March 10, 2016 No Progress May 10, No Progress May 23, 2016 Extension Request Cont d until June 21, 2016 June 21, Extension Request Cont d until July 19, 2016 July 19, Day Extension Granted August 9, Acquired building permit. September 13, Demoing interior. October 11, No progress to structure. November 8, No progress to structure. December 13, Interior progress to structure. January 10, Day Extension Granted February 21, 2017 No Progress March 14, 2017 No Progress

42 City of Newnan, Georgia Mayor and Council Date: April 11, 2017 Agenda Item: Prepared and Presented by: 7 Upper Mann St.,29 Wilcoxon St., 136 Spring St. and 286 West Washington St. Adam Cash, Code Enforcement Officer Submitted by: Bill Stephenson, Chief Building Official Purpose: To inform Council of the status of 7 Upper Mann St., 29 Wilcoxon St, 136 Spring St. and 286 West Washington St. having been before Council in Public Hearings. Background: Date of Status Check: April 4, 2017 Property Description Owner Public Hearing Original # Of Days Allowed Resolution Deadline Extended # Of Days Allowed Updated Resolution Deadline 7 Upper Mann Street Donald Smith April 23, days October 20, days July 9, 2017 Interior progress to structure. 29 Wilcoxon St Wanda Beckom June 23, days December 20, days May 7, 2017 Interior and exterior progress to structure. Status 136 Spring St Willie Glen Clay Estate January 27, days July 26, days July 23, 2017 Interior progress to structure. 286 W. Washington St. Irvin Jones Estate February 24, days August 23, day August 20, 2017 Exterior progress to structure.

43 Options: Funding: 1. Accept status reports, no further action is required. 2. Other direction from Council. Not Applicable Recommendation: Staff is requesting Council s approval for Option 1. Previous Discussions With Council: All have previous history with Council.

44 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).