MINUTES DECATUR CITY COMMISSION

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1 MINUTES DECATUR CITY COMMISSION Regular Meeting December 19, 2016 City Hall: 7:30 p.m. Mayor Garrett called the Regular Meeting of the Decatur City Commission to order at 7:30 p.m. on Monday, December 19, PRESENT: Mayor Garrett; Mayor pro tem Boykin; and, Commissioners Powers and Smith; and, City Manager Merriss. ABSENT: Commissioner Drake. MINUTES of the Executive Meeting and Regular Meeting of December 5, 2016 were approved on a motion by Commissioner Powers, second by Commissioner Smith, and aye. DECORATE DECATUR COMMISSIONERS CUP. Mayor Garrett stated that eight homes had received Decorate Decatur honors. The winners were 116 Lansdowne Avenue, 124 North Fourth Avenue, 307 South McDonough Street, 610 East Ponce de Leon Avenue, 124 Mount Vernon Drive, 413 Adams Street, 129 Hill Street and 241 Melrose Avenue. Mayor Garrett awarded the Commissioners Cup to the Stewart family at 467 East Pharr Road. FIRE DEPARTMENT OATH OF OFFICE FOR NEW STAFF. City Manager Merriss administered the oath of office to new fire fighters Kelvonte Byrd, Bryan Diamond and Dustin Kurucar. Mayor Garrett administered the oath of office to newly promoted fire staff that included Captains Corey Jay and Kevin Rice, Lieutenant Jeremy Storey, Sergeant Bernard Tarplin and Fire Apparatus Operator Gary Menard. PUBLIC COMMENT ON AGENDA ACTION ITEMS. Mayor Garrett opened the meeting for public comment. Neil Hightower, owner of several parcels on West Dearborn Circle, stated that if approved, the proposed PATH connectivity plan through that area would impede access to his lots. Hearing no further comments, public comment was closed. 1

2 REQUEST FROM CITY SCHOOLS OF DECATUR. City Schools of Decatur Chief Operating Officer Noel Maloof requested that the City Commission exempt the City Schools of Decatur (CSD) from the High Efficiency Building Standards found in Section of the City of Decatur Unified Development Ordinance (UDO) for the current construction projects that were underway at Renfroe Middle School and Decatur High School. Mr. Maloof stated that CSD began the planning for middle and high school renovation projects in 2013 under the previous City ordinances and did not design or budget to meet the requirements of the new building standards which became effective in February 2015, after the plans had been designed. He stated that CSD staff projections indicated that to redesign the plans and comply with the existing requirements would result in an approximate total cost of $1.5 million for the two projects, and that none of the additional expense would be reimbursable from State of Georgia Department of Education capital outlay funds. Mr. Maloof stated that requiring compliance with the new building standards at this point was not feasible and would result in an undue hardship to CSD, not just because of the additional cost estimated above, but also because these projects were already fully mobilized and underway and the construction schedules were on a tight time line so that CSD could bring the facilities online to meet the needs of students at the beginning of school year. Mr. Maloof stated that in order to address the undue hardship, CSD was asking the City Commission to exercise its authority and exempt CSD from the High Efficiency Building Standards requirements for the two current construction projects. In response to a question from Mayor pro tem Boykin, Mr. Maloof stated that when CSD began working on construction of new facilities, the intent was to design the projects to meet the high performance building standards but it was anticipated that CSD would ask to be exempted from seeking certification. In response to a question from Mayor Garrett, Mr. Maloof stated that the Georgia Department of Education did have a sustainability certification program called Georgia Peach but that it would still not reimburse CSD for the costs to certify the buildings. Mr. Maloof noted that CSD had performed an audit of items listed on the LEED certification checklist and it would likely achieve 40 out of necessary 42 points to obtain LEED silver certification. City Manager Merriss requested that CSD provide that information to the City s Building Official. Mayor Garrett stated that there needed to be on-going conversations about compliance with the intent of the ordinance as new construction was being planned. 2

3 On a motion by Commissioner Smith, second by Commissioner Powers, and aye, the exemption was approved as recommended. DECATUR PATH CONNECTIVITY AND IMPLEMENTATION PLAN. Deputy City Manager Hugh Saxon recommended approval of the Decatur PATH Connectivity and Implementation Plan. He stated that the plan identified 9.2 miles of bicycle and pedestrian trail improvements in Decatur in seven segments at a cost of approximately $12 million over a 10-year period. Mr. Saxon noted that while adjustments would need to be made as the plan was implemented, it represented a significant advancement of the City's goals to provide practical alternatives to using vehicles for transportation in Decatur, high quality opportunities for an active lifestyle, and a safe network of protected bike lanes throughout Decatur and beyond, including connections to important regional destinations such at the Atlanta Beltline and Emory University. Mr. Saxon stated that the plan recommended the Commerce Drive Cycle Track as the first segment for implementation. He noted that this would provide a connection with two City-approved bike/pedestrian improvements, the North McDonough Streetscape Improvements (under construction) and the Church Street Cycle Track (planned for late 2017). Mr. Saxon stated that the plan was prepared by the PATH Foundation, its consultant, the Kaizen Collaborative, and a steering committee of Decatur residents and City staff. He stated that a public workshop was held on October 19 th at the Decatur Recreation Center and was attended by 50 persons. He added that the draft plan was presented to the City Commission at its work session on December 5 th and was posted the following day on the City website. Mr. Saxon stated that the master plan was conceptual until implemented. Ed McBrayer, Executive Director of the PATH Foundation, stated that his organization enjoyed working with municipalities and that it was committed to building the Commerce Drive cycle track by pledging $200,000 to the project. Mayor pro tem Boykin thanked the PATH Foundation for its financial contribution. On a motion by Commissioner Powers, second by Mayor pro tem Boykin, and aye, the plan was approved as recommended. AUTHORIZATION TO EXECUTE LEASE WITH SAMUEL L. JONES BOYS & GIRLS CLUB. Assistant City Manager Lyn Menne requested authorization for the City Manager to execute a final lease and use agreement with the Boys & Girls Club of Metro Atlanta (BGCMA) for the use of the indoor swimming pool facility at the Samuel L. Jones Boys and Girls Club in the City of Decatur. She stated that as outlined at the December 5,

4 meeting, City staff had been in negotiations with the BGCMA to lease their indoor pool facility and operate it as part of the city s aquatics program. She stated that in exchange for a long-term lease and a use agreement that allowed participants in the BGCMA program access to the pool during specified times, the City would make necessary improvements to the pool, pool support systems, create a separate public entrance to the pool and assume management responsibility for the pool. She noted that a secure separation would be created between the pool and the remaining areas of the Boys & Girls Club. Ms. Menne stated that the pool had not been used for several years but was in relatively good shape. She stated that she anticipated investing approximately $350,000 in upgrades to create separate restroom facilities and a new entryway and sidewalk connection to the parking lot. Ms. Menne stated that this lease arrangement would allow the City of Decatur to offer a year-round aquatics program, provide a practice space for the Decatur High School swim team and give the members of the Samuel L. Jones Club access to a swimming pool. On a motion by Commissioner Powers, second by Commissioner Smith, and aye, the lease was authorized as recommended. AMENDMENTS TO ALCOHOLIC BEVERAGE ORDINANCES. Ms. Menne recommended approval of Ordinance O amending Sections 6.9(a) and 6.11 of Chapter 6, Alcoholic Beverages of the Code of Ordinances of the City of Decatur, Georgia. She stated that the proposed amendments update language in the code regulating who may apply for a license and increases the length of time between when a license is issued and when a new business must open. Ms. Menne stated that the proposed amendments include the following: Section 6.9(a) - Clarifies that no alcohol license may be issued to any city elected official or city employee, their spouse or minor children and that no city employee who regulates the sale, distribution or manufacture of alcoholic beverages may have any interest in an alcoholic beverage license; and Section Expands the length of time between the issuance of an alcoholic beverage license to a new business and the time they must open for business from six months to nine months. Ms. Menne stated that the city attorney reviewed ordinances of similar metropolitan Atlanta cities and made the proposed changes to update our requirements. I recommend adoption of Ordinance O amending the City s Alcoholic Beverage ordinance. On a motion by Mayor pro tem Boykin, second by Commissioner Smith, and aye, Ordinance O was adopted as recommended. 4

5 CHANGE ORDER FOR SIDEWALK, OLYMPIC TRAIL AND DOWNTOWN CROSSWALK IMPROVEMENTS CONTRACT. Assistant City Manager David Junger recommended approval of a change order in the amount of $80,500 for additional work in the Sidewalk, Olympic Trail and Downtown Crosswalk Improvements project. He stated that if approved, the total contract amount would increase from $419,195 to $499,695, an increase of about 19%, and, that funds were available in the approved project budget to pay for this change order. Mr. Junger stated that the largest single item was the addition of a new sidewalk at the northeast intersection of Coventry Road at Scott Boulevard. He stated that this work was being coordinated with the Department of Transportation's removal of the slip lane at this location and would fill in a gap in the sidewalk system on the north side of Coventry Road. He added that the Coventry sidewalk was anticipated in the original budget recommendation for this project. Mr. Junger stated that the change order also resulted from the following additional work items: relocation of water meters on Harold Byrd Drive; extension of the stone wall and extra fencing on the Olympic Trail; and, downtown crosswalk improvements that included additional accessible ramp and tree well construction, minor additions to asphalt paving, relocation of water meter and utility covers and upgrades to bollards at Clairemont and Ponce de Leon Avenue. On a motion by Commissioner Smith, second by Commissioner Powers, and aye, the change order was approved as recommended. CHANGE ORDER FOR DECATUR CEMETERY STAIR IMPROVEMENTS CONTRACT. Mr. Saxon recommended approval of a change order in the amount of $2,250 for additional work on the Decatur Cemetery Stair Improvements. Mr. Saxon stated that if approved, the change order would increase the total contract amount from $64,444 to $66,694, an increase of about 3%; and, that funds were available in the project budget for this work. He stated that the proposed increase resulted from minor changes to the decorative stair railings due to site conditions and the need to add some additional landscape materials to stabilize the areas around the new stairs. He noted that the work was generally finished and this would be the only change order. On a motion by Mayor pro tem Boykin, second by Commissioner Smith, and Mayor Garrett; mayor pro tem Boykin; and, Commissioners Powers and Smith voting aye, the change order was approved as recommended. REQUEST TO AUTHORIZE FUNDING FOR PART OF SCOTTISH RITE DEBT SERVICE PAYMENT. Ms. Menne requested that the City Commission authorize funding in the amount of $48,560 from available but unallocated HOST funds to cover part of the Scottish Rite property debt service bond payment. Ms. Menne stated that a payment was due in January of each year for principal and interest in the amount of $109,560 and an interest 5

6 only payment was due in July of each year for approximately $39,000. She noted that the original operating budget anticipated that the restaurant space would have begun generating rental income by January 2016 but that there was a delay in finding a suitable tenant and the renovation the space took longer than anticipated. She stated that due to the lack of rental income in 2016 from the restaurant space, only $61,000 was currently available fro the January bond payment. Ms. Menne stated that the new restaurant, Scout, had just opened and would begin making rental payments in January 2017 so she anticipated being able to cover all future payments with the addition of this rental income. She noted that the remainder of the Scottish Rite office build was fully leased. On a motion by Commissioner Smith, second by Commissioner Powers and Mayor Garrett; Mayor pro tem Boykin; and, Commissioner Powers and Smith voting aye, the funding was authorized as recommended. REQUESTS AND PETITIONS. Wayne Welton, 510 Ponce de Leon Avenue, requested information on how the City could go about becoming a sanctuary city. REPORTS AND OTHER BUSINESS. Mayor Garrett noted that there was no Planning Commission meeting scheduled in January Local Government Management Fellow Olivia Burrell-Jackson presented an overview on the work performed by the Decatur Votes initiative during Ms. Burrell-Jackson stated that the voter turnout rate for the November presidential election was 86%, which was an increase from 78% in the 2012 presidential election; and, that the group helped register 103 new voters. On a motion by Mayor pro tem Boykin, second by Commissioner Smith, and mayor Garrett; Mayor pro tem Boykin; and, Commissioners Powers and Smith voting aye, Resolution R confirming the Executive Session of December 5, 2016 was adopted. On a motion by Commissioner Powers, second by Commissioner Smith, and aye, the 2017 City Commission meeting schedule was adopted as recommended. City Manager Merriss stated that an updated homestead exemption information pamphlet had been created and that the information had been posted to the City s website and to the blogs. Mayor Garrett presented the 2016 Decatur holiday ornament to the City Commission. Commissioner Smith congratulated the inaugural class of the City s E5 Academy. 6

7 Commissioner Smith stated that he was excited to have approved the PATH master plan and the pool lease agreement. Commissioner Smith stated that the work of the City s Better Together initiative could address some of the sanctuary city principles. Commissioner Powers congratulated the recently hired and newly promoted members of the Decatur Fire Department. Commissioner Powers congratulated the 2016 E5 Academy graduates. Commissioner Powers noted that much had happened in 2016 for the City of Decatur including the passage of five new homestead exemptions, the adoption of the City s comprehensive plan and the installation of an FDA approved expired drug collection drobox at the Decatur Police Department. Mayor pro tem Boykin thanked Ms. Menne for her work pulling together the pool lease agreement. Mayor pro tem Boykin congratulated the 2016 E5 Academy graduates. Mayor Garrett congratulated the 2016 E5 Academy graduates. Mayor Garrett congratulated the Decatur Fire Department on its newly hired and recently promoted staff. Mayor Garrett stated that the City had issued proclamations for becoming a Welcoming City as well as a Compassionate City; and, noted that since the State of Georgia prohibited municipalities from designating themselves as sanctuary cities the actions named in the proclamations showed support for all residents no matter their national origins. Mayor Garrett thanked her fellow City Commissioners and City staff for their work during She stated that she looked forward to The City Commission wished everyone safe and happy holidays. There being no other business, the meeting was adjourned. Peggy Merriss Acting City Clerk 7