city of flowery branch city council meeting agenda ... · consultant jerry weitz advised that the...

City of Flowery BranchCity Council Meeting Agenda

Thursday, August 04, 2016, 6:00 PMCity of Flowery Branch City Hall

5517 Main StreetFlowery Branch GA, 30542

AGENDA

WORK SESSION MEETING AGENDA

PLEDGE OF ALLEGIANCE - Led by Boy Scout Troop 463

PROCLAIMATION

UNFINISHED BUSINESS

NEW BUSINESS

July 7 2016 Meeting Minutes070716 0.pdf

Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow DriveWater Line Replcement Lights Ferry.Morrow Dr.ALL DOCS.pdf

DEPARTMENT REPORTS

ADJOURNMENT WORK SESSION

VOTING SESSION MEETING AGENDA

CALL TO ORDER

PUBLIC COMMENTS - Please limit to two minutes

CONSENT AGENDA

July 7 2016 Meeting Minutes1

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/19874/070716_0.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/20524/Water_Line_Replcement_Lights_Ferry.Morrow_Dr.ALL_DOCS.pdf

City Council City Council Page - 2 -

070716 0.pdf

UNFINISHED BUSINESS

NEW BUSINESS

Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow DriveWater Line Replcement Lights Ferry.Morrow Dr.ALL DOCS.pdf

EXECUTIVE SESSION

ADJOURNMENT

If you have a disability or impairment and need special assistance please contact the City Clerk prior to themeeting at 770-967-6371 - Meeting agenda is subject to change

2



FLOWERY BRANCH CITY COUNCIL

EXECUTIVE SUMMARY

SUBJECT: July 7 2016 Meeting Minutes

COUNCIL MEETING DATE: August 4, 2016

HISTORY:

FACTS AND ISSUES:

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: false

AMOUNT AND SOURCE OF FUNDS:

RECOMMENDATION:

SAMPLE MOTION:

COLLABORATING DEPARTMENT:

DEPARTMENT:

Prepared by: Melissa McCain3

ATTACHMENTS 070716 0.pdf

4


CITY OF FLOWERY BRANCH City Council Meeting Minutes

Thursday July 7, 2016 City of Flowery Branch City Hall

5517 Main Street, Flowery Branch GA, 30542

WORK SESSION MEETING AGENDA CALL TO ORDER: Mayor Miller called the meeting to order at 6:08 p.m. PRESENT: Mayor Mike Miller and Councilmembers Chris Mundy, Mary Jones, Fred

Richards, Joe Anglin and Monica Beatty ABSENT: None. Also present were City Manager Bill Andrew, City Clerk Melissa McCain, Finance Director Jeremy Perry, Police Chief David Spillers and Attorney Ron Bennett. PLEDGE OF ALLEGIANCE: City Clerk Melissa McCain led the Pledge of Allegiance. UNFINISHED BUSINESS: Consider - 2nd Reading of Ordinance 523 - Single Family Design Review Zoning Text Amendment City Manager Andrew reviewed Ordinance 523 and advised that it would amend the Flowery Branch Zoning Code removing the exemption for detached single-family dwellings from design review requirements. Manager Andrew advised that this would ensure that the City is applying the same design requirements that it has for commercial, subdivisions and multifamily as well as protects the properties’ adjoining values. In addition, Ordinance 523 furthers the zoning recommendations of the Old Town Redevelopment Plan.

• Some redevelopment plan review requirements dropped – open space, facility impact analysis - to allow for a speedier approval. The City will still have review authority for development in the CBD via the design review process.

• Allow residential floor-areas such that they could occupy as many as three stories of a

mixed-use building, instead of just one. Councilman Anglin inquired on why such a drastic change in the Code. Consultant Jerry Weitz advised that the Code was changed in 2011 in the height of the Hortman Dobbs Development in the downtown area and strict amendments were made to protect the integrity of the downtown historic district. 5

07/07/16 Minutes Page 2 of 9

Subsequently, the developer went out of business and the City now owns most of the buildings and property downtown and the strict regulations are no longer required. Councilman Anglin expressed concerns about striking through the Historic Preservation Commission (HPC) approval for downtown development. Consultant Weitz advised that the section in the Zoning Code was the same as the requirement in the Historic Preservation Code so any development would still need to have HPC approval. Consider - 2nd Reading of Ordinance 524 - Text Amendment on Food Trucks & Farmer's Markets Manager Andrew advised that currently food trucks and farmer’s markets are not addressed by the current zoning. This amendment would define food truck and would add detailed regulations for operating food trucks in the city requiring permitting and the proper Environmental Health Certificates. Continuing, Manager Andrew stated that food trucks are proposed to be permitted in CBD and HB zoning districts only and would be restricted to certain hours of operation. *It was noted that food trucks would not be allowed in residential areas. * Consider - 2nd Reading of Ordinance 525 - Annexation Procedures Manager Andrew reviewed the amendment and advised that the City is currently practicing the State procedures and this would officially codify those as City practices. It was noted that nonconformities and permits of annexed lands are also addressed in the amendment. Consider -2nd Reading of Ordinance 526 - Rezoning of Park Walk Manager Andrew stated that the Park Walk subdivision was originally annexed and rezoned for 129 lots in 2005. The developer at that time installed roads, street lights, sewer and water lines and final platted 46 lots. Continuing, Manager Andrew advised that the development was never further built out and has remained undeveloped since 2005. There have been a number of developers interested over the last three years, but Meritage Homes is the first to bring a formal rezoning to the property. Manager Andrew advised that the applicant is requesting a change to the PUD Conditions from 2005 as follows: Deletion of the following previous conditions:

1. No 3:1 berm along Jim Crow Road in front of subdivision, landscaping remains 2. No required trees planted in the backyards 3. No monument markers, street furniture plan, decorative/scored driveway 6


4. No pool house, pavilion, gazebo, athletic field, picnic area, walking trails and passive park

5. No water re-use system Highlights of PUD Conditions:

• Minimum Lot = 5,000 sf. Not < 50’ wide and 110” deep. Setbacks = 15’ front, 25’ rear, 5’ side, 35’ height

• Cabana with restrooms built at the Pool • 5’ Sidewalk (Jim Crow Rd and Main Entrance) and 4’ sidewalk on one side of road

throughout remaining • 10’ wide easement on Jim Crow Rd. for future bike/ped path to Old Town and Old

Federal Park • Fence Plan to be submitted = 4’ high, 3 rail fence along Jim Crow Rd. (This fence had

been 6’) • 20% open space is required • Minimum of 137 Street Trees with root barriers • An up-lighted monument sign and landscaping will be situated along Jim Crow Rd • Vinyl siding is prohibited • Minimum heated floor area = 1,700 SF • Maximum of 137 homes (had been 134)

NEW BUSINESS Proposal for Audio Visual, Communications, and Security Design and Construction Administration for New City Hall Manager Andrew stated that the design for the City Hall is currently at 50%. The City has received the Preliminary Design Plans which are under review by the Fire Department, Soil Conservation, Pond, and City Water/Sewer. We are still on-track for October construction start. During the proposal process it was always known that audio visual equipment and design would be included in the project but for some unknown reason the design was left out of the original contract. Amendment to the original contract with Wakefield Beasley would be to include Tech/Security requirements are as follows: Audio Visual $4,100 AV Construction Administration $ 785 Communications Design Services $6,720 Security Design Services $5,830 Communication/Security Construction Admin. $2,780 TOTAL FEES FOR SERVICES $20,215 This would be in addition to the $399,150 WBA Contract Consider - June 16, 2016 Meeting Minutes - Clerk McCain advised that there were no changes.

7


Proposal from JPMorgan Chase Bank, NA for the financing of the City Hall Finance Director Jeremy Perry reviewed the history and offer approved for BB&T for the original 2.19% then the change to 2.21% and advised that JP Morgan Chase approached the City and offered two financing terms Option #1: Thirteen (13) years, not to exceed a final maturity date of July 05, 2029 Option #2: Fifteen (15) years, not to exceed a final maturity date of July 05, 2031

Further, Director Perry reviewed the following interest rate options offered by JP Morgan Chase: Interest will be calculated on a 30/360 basis. Optional redemption will be applied in inverse order of scheduled amortization.

• The Loan would accrue interest at a fixed rate per annum as set forth below, based upon the option selected by the City. The following fixed interest rates are indicative as of June 29, 2016 and are subject to change daily until a written rate lock letter agreement is executed between the City and the Bank, if based upon the selection of Options #1a, #1b, #2a or #2b.

• Option #1a: 1.58% indicative, fixed, tax-exempt no optional redemption bank qualified and closing not later than August 18, 2016.

• Option #1b: 1.69% indicative, fixed; the Loan may be redeemed in whole or in part, on any payment date after July 05, 2023, at a price of 100% of par plus accrued interest, bank qualified and closing not later than August 18, 2016.

• Option #2a: 1.64% indicative, fixed; no optional redemption, bank qualified and closing not later than August 18, 2016.


Director Perry compared the options by BB&T and JP Morgan as shown below:

Financing with the Urban Redevelopment Agency:

Principal Interest TotalLoan Total $4,000,000 $645,817 $4,645,817Additional (From City Funds) $400,000 $400,000City Funds $900,000 $900,000Total Project Costs $5,300,000 $5,945,817

$4M LOAN @ 2.21% FOR 13 YEARS (2.19% IF CLOSING IS BEFORE JULY 15TH)

8


Director Perry reviewed the following financing schedule: Date Event July 7, 2016 Regular meeting of Council to approve the terms of the financing

and the lender. July 12, 2016 Distribute 1st draft of financing documents July 19, 2016 Receive comments on draft financing documents July 21, 2016 Regular meeting of Council to adopt resolution approving the

installment sales agreement and final terms of the loan. July 26 or 27, 2016 Authority meets and adopts the Bond Resolution July 27, 2016 File validation petition July 29 or 30, 2016 Publish first validation notice August 2, 2016 Circulate closing documents August 4, 2016 Publish second validation answers August 5, 2016 File validation answers Week August 8, 2016 Validation hearing before Superior Court Judge August 11 or 12, 2016 Distribute closing papers August 18, 2016 Closing Proposal by Clark Patterson Lee to Provide Building Inspection Services Manager Andrew reviewed the scope of work for temporary inspection services as follows: CPL will provide the following services:

1. Review building plans for conformance with the City’s adopted building codes within 10 business days of the city receiving the plans.

2. Inspect buildings at appropriate phases of construction for conformance with the City’s adopted building codes.

3. Answer questions from contractors, owners, and city officials. 4. Work with the city’s development/permit coordinator and planning director to properly

record building inspections and plan reviews. 5. Inspections will be performed the next business day after receiving a call for service. 6. Perform other tasks as assigned by city officials.

Option 1: Hourly

Financing with the Gainesville and Hall Development Authority:


$4M LOAN @ 1.58% FOR 13 YEARS

9


CPL will bill the city hourly utilizing the rates in Appendix B. Direct expenses will be billed at cost plus 10%. Direct expenses include, but are not limited to, reproduction cost, courier service, and mileage. Option 2: CPL will charge the city 80% of the building permit revenue collected for future projects, and hourly for existing projects. Once the existing projects are completed, CPL will run the program using 80% of building permit revenue. Direct expenses, such as gasoline, vehicles, maintenance, etc., are included in this option. This will ensure that the City has a positive cash flow from its inspections program, while CPL will be responsible to increase or decrease staffing levels to perform the work in a timely manner. ASSUMPTIONS under OPTION 2: Flowery Branch will adopt a fee schedule that charges at least $0.006 times the project valuation as calculated using the square foot costs in the current ICC Building Valuation Data Table. We are available to assist the city in composing a fee schedule that meets this assumption. An Example Using the Building Valuation Data (June 2016) from the International Code Council R-3 Residential – 2,000 SF x $112.65/SF x .006 = $1,351.80 (ICC Values) 2,000 sq. ft. x .25/sq. ft. = $500 (Flowery Br) 2,000 sq. ft. x .15/sq. ft. = $300 (Oakwood) 2,000 sq. ft. x .25/sq. ft. = $500 (Gwinnett) 2,000 sq. ft. x .20/sq. ft. = $400 (Gainesville) * Dunwoody, Doraville, Avondale Estates, Clarkston, Unincorporated DeKalb County, Suwanee, Berkeley Lake, Norcross and Sugar Hill all use the ICC values. DEPARTMENT REPORTS

a. City Manager Report – No report. b. City Clerk Report:

Clerk McCain noted that staff was working with the Convention and Visitors Bureau to host a double feature movie night on July 23 behind the depot. More information to come as it gets closer to the event.

c. Finance Report – No report. d. Planner Report – No report. e. Attorney Report – No report. f. Council Report – No report.

ADJOURNMENT WORK SESSION: Mayor Miller Adjourned the Work Session at 7:05 p.m.

10


VOTING SESSION MEETING AGENDA CALL TO ORDER: Mayor Miller opened the Voting Session at 7:05 p.m. PUBLIC COMMENTS: There were no public comments. CONSENT AGENDA:

• June 16, 2016 Meeting Minutes • Mayor Per Diem

There was a motion made to approve Consent Agenda as presented. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried UNFINISHED BUSINESS 2nd Reading of Ordinance 523 - Single Family Design Review Zoning Text Amendment Attorney Bennett read the caption to Ordinance 523. There was a motion made to approve the 2nd reading of Ordinance 523. MOTION: Chris Mundy SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried 2nd Reading of Ordinance 524 - Text Amendment on Food Trucks & Farmer's Markets Attorney Bennett read the caption to Ordinance 524. There was a motion made to approve the 2nd reading of Ordinance 524. MOTION: Joe Anglin SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried

11


2nd Reading of Ordinance 525 - Annexation Procedures Attorney Bennett read the caption to Ordinance 525. There was a motion made to approve the 2nd reading of Ordinance 525. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried 2nd Reading of Ordinance 526 - Rezoning of Park Walk Attorney Bennett read the caption to Ordinance 526. There was a motion made to approve the 2nd reading of Ordinance 526. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried NEW BUSINESS Proposal for Audio Visual, Communications, and Security Design and Construction Administration for New City Hall There was a motion made to approve and authorize the Mayor to execute the proposal from Wakefield Beasley and Associates (WBA) for Audio Visual, Communications, and Security Design and Construction Administration for the New City Hall. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Monica Beatty NAYS: Joe Anglin Motion carried Proposal from JPMorgan Chase Bank, NA for the financing of the City Hall There was a motion made to approve and accept the 1.56 rate proposal for 13 years with JPMorgan Chase Bank and to authorize the Mayor to execute the necessary documents. MOTION: Mary Jones SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Monica Beatty NAYS: Joe Anglin Motion carried

12


Proposal by Clark Patterson Lee to Provide Building Inspection Services There was a motion made to approve the hourly proposal by Clark Patterson Lee to provide building inspection services and authorize the Mayor to execute any required documents. MOTION: Chris Mundy SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried EXECUTIVE SESSION: There was no Executive Session. ADJOURNMENT: There was a motion made to adjourn at 7:21 p.m. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried __________________________ _______________ _____________________________ Mayor – James “Mike” Miller Date City Clerk – Melissa McCain

13


EXECUTIVE SUMMARY

SUBJECT: Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow Drive


HISTORY:See attached

FACTS AND ISSUES:See attached

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: true

AMOUNT AND SOURCE OF FUNDS:Not to exceed $248,031.50

RECOMMENDATION:Awarding the bid to Mack Jones Enterprises, Inc. and authorizing the Mayor to sign a contract with Mack JonesEnterprises, Inc. to replace the 2-inch water line along Lights Ferry Road and Morrow Drive with 6-inch and 8-inchpipe.

SAMPLE MOTION: I motion for the City Council to award the bid to Mack Jones Enterprises, Inc. and authorize Mayor Miller to sign acontract not in excess of $248,031.50 to replace the water line at Lights Ferry Road and Morrow Drive.


DEPARTMENT: Administration 14

Prepared by: Melissa McCain

ATTACHMENTS Water Line Replcement Lights Ferry.Morrow Dr.ALL DOCS.pdf

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AGENDA REQUEST

All items requiring action by the City Council must be presented first at a work session. The following information should be provided for each item. No item will be considered for a work session until the Department has received authorization on the item by the City Manager.

Department: Administration Submitted By: Bill Andrew Date Submitted: July 28, 2016

Item of Business: Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow Drive

Attach an Executive Summary fully describing all elements of the item of business.

THE ITEM IS FOR: Work Session presentation only

(no action needed) OR City Council Action Needed.

Is there a deadline on this item? If so, Explain: There is no deadline but the contractor would like to get this project awarded so they may get the project scheduled and underway.

Purpose of Request: To award the installation of the water line improvements on Morrow Drive and Lights Ferry Road to a qualified contractor.

Department Recommendation: City Staff recommends the award of the project to Mack Jones Enterprises, Inc.

If the action involves a Resolution, Ordinance, Contract, Agreement, etc. has it been reviewed by the City Attorney?

Yes No

Explain: Upon award of the bid, Mack Jones Enterprises, Inc. will present the City with a contract to complete the work. Staff will review the contract and if all is correct, have the Mayor sign the agreement on behalf of the City.

If funding is involved, are funds approved within the current budget? If Yes, Finance Authorization is Required Below.

Yes No

Explain: Please see the Executive Summary for details.

Amount: $248,031.50 Source of Funds: SPLOST VII and Water/Sewer Capital Fund

Administration Staff Authorization

Finance Dept. Authorization: Budgeted Amount:

Authorized for Work Session: Work Session Date:

Comments:

16


EXECUTIVE SUMMARY

SUBJECT: Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow Drive DATE: July 28, 2016 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- $248,031.50 COUNCIL ACTION REQUESTED ON: Awarding the bid to Mack Jones Enterprises, Inc. and authorizing the Mayor to sign a contract with Mack Jones Enterprises, Inc. to replace the 2-inch water line along Lights Ferry Road and Morrow Drive with 6-inch and 8-inch pipe. PURPOSE: The purpose of the project is to provide better water pressure and volume to the area for daily home use and most importantly to provide fire protection with hydrants about every 1,000 feet. This project consists of the construction of a new 8-inch and 6-inch water line to replace an existing 2-inch water line. The new water line will be constructed along north Lights Ferry Road for 975 +/- feet, across 2nd Street, continue south on Morrow Street for 2,225 +/- feet and close the loop at Lights Ferry Road. The project will include installation of service connections, valves, DIP fittings, and fire hydrants as shown on the drawing plan. HISTORY: In 2007, Infratec Consultants was hired by the City to design a water line project for Lights Ferry Road and 2nd Street. The project consisted of extending the existing 8” DIP water line approximately 975 linear feet along Lights Ferry Road and then turning east, boring Lights Ferry Road and extending the line down 2nd Street and Morrow Road for approximately 2,225 liner feet for a total of 3,200 feet of 8” DIP. The design was largely completed at that time but updates were made in the Spring 2016. One change was to include the use of 6-inch pipe where possible so as to cut costs. This project was originally meant to be funded by a Community Development Block Grant (CDBG) in 2007. The income survey for that area indicated that this neighborhood did not qualify for CDBG funding. The City decided to wait until SPLOST VII funds became available to complete the project. In February 2016, we issued a $21,000 Task Order for McKim and Creed to finalize the construction drawings, bid out the project, and supervise the construction.

17

FACTS AND ISSUES: The time allowed for Substantial Completion is 180 days, and the time allowed for completion and readiness for final payment is 210 days from the date of commencement. The original plan to fund this project was to wholly use SPLOST VII funds. The budget breaks down as follows: $200,000 Originally allocated from SPLOST VII ( $14,000) 7% projection of what we will be short after all funds are collected $186,000 Funds available from SPLOST ( $21,000) Task Order for McKim & Creed (engineering, bidding, supervision) $165,000 Funds available from SPLOST If the project does cost $248,031.50, the shortfall of $83,031.50 could be made up by the Water/Sewer Capital Cash Account. There may be some small reductions in the cost of the project if we consider a 6-inch pipe as opposed to an 8-inch pipe and if all the rock is not needed. However, these numbers may only amount to a $10,000 to $15,000 reduction. The staff recommendation is to have the balance of the project funded by the Water/Sewer Capital Cash account, which has a balance of $831,775.59. The contract will not be sent to the Mayor for signature until it has been approved by McKim and Creed Engineering, the City Attorney and the City Manager.

OPTIONS:

RECOMMENDED SAMPLE MOTION: I motion for the City Council to award the bid to Mack Jones Enterprises, Inc. and authorize Mayor Miller to sign a contract not in excess of $248,031.50 to replace the water line at Lights Ferry Road and Morrow Drive.

DEPARTMENT: Administration Prepared by: Bill Andrew

18


EXECUTIVE SUMMARY

SUBJECT: July 7 2016 Meeting Minutes


HISTORY:

FACTS AND ISSUES:

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: false

AMOUNT AND SOURCE OF FUNDS:

RECOMMENDATION:

SAMPLE MOTION:


DEPARTMENT:

Prepared by: Melissa McCain32

ATTACHMENTS 070716 0.pdf

33


CITY OF FLOWERY BRANCH City Council Meeting Minutes

Thursday July 7, 2016 City of Flowery Branch City Hall

5517 Main Street, Flowery Branch GA, 30542

WORK SESSION MEETING AGENDA CALL TO ORDER: Mayor Miller called the meeting to order at 6:08 p.m. PRESENT: Mayor Mike Miller and Councilmembers Chris Mundy, Mary Jones, Fred

Richards, Joe Anglin and Monica Beatty ABSENT: None. Also present were City Manager Bill Andrew, City Clerk Melissa McCain, Finance Director Jeremy Perry, Police Chief David Spillers and Attorney Ron Bennett. PLEDGE OF ALLEGIANCE: City Clerk Melissa McCain led the Pledge of Allegiance. UNFINISHED BUSINESS: Consider - 2nd Reading of Ordinance 523 - Single Family Design Review Zoning Text Amendment City Manager Andrew reviewed Ordinance 523 and advised that it would amend the Flowery Branch Zoning Code removing the exemption for detached single-family dwellings from design review requirements. Manager Andrew advised that this would ensure that the City is applying the same design requirements that it has for commercial, subdivisions and multifamily as well as protects the properties’ adjoining values. In addition, Ordinance 523 furthers the zoning recommendations of the Old Town Redevelopment Plan.

• Some redevelopment plan review requirements dropped – open space, facility impact analysis - to allow for a speedier approval. The City will still have review authority for development in the CBD via the design review process.

• Allow residential floor-areas such that they could occupy as many as three stories of a

mixed-use building, instead of just one. Councilman Anglin inquired on why such a drastic change in the Code. Consultant Jerry Weitz advised that the Code was changed in 2011 in the height of the Hortman Dobbs Development in the downtown area and strict amendments were made to protect the integrity of the downtown historic district. 34


Subsequently, the developer went out of business and the City now owns most of the buildings and property downtown and the strict regulations are no longer required. Councilman Anglin expressed concerns about striking through the Historic Preservation Commission (HPC) approval for downtown development. Consultant Weitz advised that the section in the Zoning Code was the same as the requirement in the Historic Preservation Code so any development would still need to have HPC approval. Consider - 2nd Reading of Ordinance 524 - Text Amendment on Food Trucks & Farmer's Markets Manager Andrew advised that currently food trucks and farmer’s markets are not addressed by the current zoning. This amendment would define food truck and would add detailed regulations for operating food trucks in the city requiring permitting and the proper Environmental Health Certificates. Continuing, Manager Andrew stated that food trucks are proposed to be permitted in CBD and HB zoning districts only and would be restricted to certain hours of operation. *It was noted that food trucks would not be allowed in residential areas. * Consider - 2nd Reading of Ordinance 525 - Annexation Procedures Manager Andrew reviewed the amendment and advised that the City is currently practicing the State procedures and this would officially codify those as City practices. It was noted that nonconformities and permits of annexed lands are also addressed in the amendment. Consider -2nd Reading of Ordinance 526 - Rezoning of Park Walk Manager Andrew stated that the Park Walk subdivision was originally annexed and rezoned for 129 lots in 2005. The developer at that time installed roads, street lights, sewer and water lines and final platted 46 lots. Continuing, Manager Andrew advised that the development was never further built out and has remained undeveloped since 2005. There have been a number of developers interested over the last three years, but Meritage Homes is the first to bring a formal rezoning to the property. Manager Andrew advised that the applicant is requesting a change to the PUD Conditions from 2005 as follows: Deletion of the following previous conditions:

1. No 3:1 berm along Jim Crow Road in front of subdivision, landscaping remains 2. No required trees planted in the backyards 3. No monument markers, street furniture plan, decorative/scored driveway 35


4. No pool house, pavilion, gazebo, athletic field, picnic area, walking trails and passive park

5. No water re-use system Highlights of PUD Conditions:

• Minimum Lot = 5,000 sf. Not < 50’ wide and 110” deep. Setbacks = 15’ front, 25’ rear, 5’ side, 35’ height

• Cabana with restrooms built at the Pool • 5’ Sidewalk (Jim Crow Rd and Main Entrance) and 4’ sidewalk on one side of road

throughout remaining • 10’ wide easement on Jim Crow Rd. for future bike/ped path to Old Town and Old

Federal Park • Fence Plan to be submitted = 4’ high, 3 rail fence along Jim Crow Rd. (This fence had

been 6’) • 20% open space is required • Minimum of 137 Street Trees with root barriers • An up-lighted monument sign and landscaping will be situated along Jim Crow Rd • Vinyl siding is prohibited • Minimum heated floor area = 1,700 SF • Maximum of 137 homes (had been 134)

NEW BUSINESS Proposal for Audio Visual, Communications, and Security Design and Construction Administration for New City Hall Manager Andrew stated that the design for the City Hall is currently at 50%. The City has received the Preliminary Design Plans which are under review by the Fire Department, Soil Conservation, Pond, and City Water/Sewer. We are still on-track for October construction start. During the proposal process it was always known that audio visual equipment and design would be included in the project but for some unknown reason the design was left out of the original contract. Amendment to the original contract with Wakefield Beasley would be to include Tech/Security requirements are as follows: Audio Visual $4,100 AV Construction Administration $ 785 Communications Design Services $6,720 Security Design Services $5,830 Communication/Security Construction Admin. $2,780 TOTAL FEES FOR SERVICES $20,215 This would be in addition to the $399,150 WBA Contract Consider - June 16, 2016 Meeting Minutes - Clerk McCain advised that there were no changes.

36


Proposal from JPMorgan Chase Bank, NA for the financing of the City Hall Finance Director Jeremy Perry reviewed the history and offer approved for BB&T for the original 2.19% then the change to 2.21% and advised that JP Morgan Chase approached the City and offered two financing terms Option #1: Thirteen (13) years, not to exceed a final maturity date of July 05, 2029 Option #2: Fifteen (15) years, not to exceed a final maturity date of July 05, 2031

Further, Director Perry reviewed the following interest rate options offered by JP Morgan Chase: Interest will be calculated on a 30/360 basis. Optional redemption will be applied in inverse order of scheduled amortization.

• The Loan would accrue interest at a fixed rate per annum as set forth below, based upon the option selected by the City. The following fixed interest rates are indicative as of June 29, 2016 and are subject to change daily until a written rate lock letter agreement is executed between the City and the Bank, if based upon the selection of Options #1a, #1b, #2a or #2b.

• Option #1a: 1.58% indicative, fixed, tax-exempt no optional redemption bank qualified and closing not later than August 18, 2016.


• Option #2a: 1.64% indicative, fixed; no optional redemption, bank qualified and closing not later than August 18, 2016.


Director Perry compared the options by BB&T and JP Morgan as shown below:

Financing with the Urban Redevelopment Agency:


$4M LOAN @ 2.21% FOR 13 YEARS (2.19% IF CLOSING IS BEFORE JULY 15TH)

37


Director Perry reviewed the following financing schedule: Date Event July 7, 2016 Regular meeting of Council to approve the terms of the financing

and the lender. July 12, 2016 Distribute 1st draft of financing documents July 19, 2016 Receive comments on draft financing documents July 21, 2016 Regular meeting of Council to adopt resolution approving the

installment sales agreement and final terms of the loan. July 26 or 27, 2016 Authority meets and adopts the Bond Resolution July 27, 2016 File validation petition July 29 or 30, 2016 Publish first validation notice August 2, 2016 Circulate closing documents August 4, 2016 Publish second validation answers August 5, 2016 File validation answers Week August 8, 2016 Validation hearing before Superior Court Judge August 11 or 12, 2016 Distribute closing papers August 18, 2016 Closing Proposal by Clark Patterson Lee to Provide Building Inspection Services Manager Andrew reviewed the scope of work for temporary inspection services as follows: CPL will provide the following services:

1. Review building plans for conformance with the City’s adopted building codes within 10 business days of the city receiving the plans.

2. Inspect buildings at appropriate phases of construction for conformance with the City’s adopted building codes.

3. Answer questions from contractors, owners, and city officials. 4. Work with the city’s development/permit coordinator and planning director to properly

record building inspections and plan reviews. 5. Inspections will be performed the next business day after receiving a call for service. 6. Perform other tasks as assigned by city officials.

Option 1: Hourly

Financing with the Gainesville and Hall Development Authority:


$4M LOAN @ 1.58% FOR 13 YEARS

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CPL will bill the city hourly utilizing the rates in Appendix B. Direct expenses will be billed at cost plus 10%. Direct expenses include, but are not limited to, reproduction cost, courier service, and mileage. Option 2: CPL will charge the city 80% of the building permit revenue collected for future projects, and hourly for existing projects. Once the existing projects are completed, CPL will run the program using 80% of building permit revenue. Direct expenses, such as gasoline, vehicles, maintenance, etc., are included in this option. This will ensure that the City has a positive cash flow from its inspections program, while CPL will be responsible to increase or decrease staffing levels to perform the work in a timely manner. ASSUMPTIONS under OPTION 2: Flowery Branch will adopt a fee schedule that charges at least $0.006 times the project valuation as calculated using the square foot costs in the current ICC Building Valuation Data Table. We are available to assist the city in composing a fee schedule that meets this assumption. An Example Using the Building Valuation Data (June 2016) from the International Code Council R-3 Residential – 2,000 SF x $112.65/SF x .006 = $1,351.80 (ICC Values) 2,000 sq. ft. x .25/sq. ft. = $500 (Flowery Br) 2,000 sq. ft. x .15/sq. ft. = $300 (Oakwood) 2,000 sq. ft. x .25/sq. ft. = $500 (Gwinnett) 2,000 sq. ft. x .20/sq. ft. = $400 (Gainesville) * Dunwoody, Doraville, Avondale Estates, Clarkston, Unincorporated DeKalb County, Suwanee, Berkeley Lake, Norcross and Sugar Hill all use the ICC values. DEPARTMENT REPORTS

a. City Manager Report – No report. b. City Clerk Report:

Clerk McCain noted that staff was working with the Convention and Visitors Bureau to host a double feature movie night on July 23 behind the depot. More information to come as it gets closer to the event.

c. Finance Report – No report. d. Planner Report – No report. e. Attorney Report – No report. f. Council Report – No report.

ADJOURNMENT WORK SESSION: Mayor Miller Adjourned the Work Session at 7:05 p.m.

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VOTING SESSION MEETING AGENDA CALL TO ORDER: Mayor Miller opened the Voting Session at 7:05 p.m. PUBLIC COMMENTS: There were no public comments. CONSENT AGENDA:

• June 16, 2016 Meeting Minutes • Mayor Per Diem

There was a motion made to approve Consent Agenda as presented. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried UNFINISHED BUSINESS 2nd Reading of Ordinance 523 - Single Family Design Review Zoning Text Amendment Attorney Bennett read the caption to Ordinance 523. There was a motion made to approve the 2nd reading of Ordinance 523. MOTION: Chris Mundy SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried 2nd Reading of Ordinance 524 - Text Amendment on Food Trucks & Farmer's Markets Attorney Bennett read the caption to Ordinance 524. There was a motion made to approve the 2nd reading of Ordinance 524. MOTION: Joe Anglin SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried

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2nd Reading of Ordinance 525 - Annexation Procedures Attorney Bennett read the caption to Ordinance 525. There was a motion made to approve the 2nd reading of Ordinance 525. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried 2nd Reading of Ordinance 526 - Rezoning of Park Walk Attorney Bennett read the caption to Ordinance 526. There was a motion made to approve the 2nd reading of Ordinance 526. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried NEW BUSINESS Proposal for Audio Visual, Communications, and Security Design and Construction Administration for New City Hall There was a motion made to approve and authorize the Mayor to execute the proposal from Wakefield Beasley and Associates (WBA) for Audio Visual, Communications, and Security Design and Construction Administration for the New City Hall. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Monica Beatty NAYS: Joe Anglin Motion carried Proposal from JPMorgan Chase Bank, NA for the financing of the City Hall There was a motion made to approve and accept the 1.56 rate proposal for 13 years with JPMorgan Chase Bank and to authorize the Mayor to execute the necessary documents. MOTION: Mary Jones SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Monica Beatty NAYS: Joe Anglin Motion carried

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Proposal by Clark Patterson Lee to Provide Building Inspection Services There was a motion made to approve the hourly proposal by Clark Patterson Lee to provide building inspection services and authorize the Mayor to execute any required documents. MOTION: Chris Mundy SECOND: Fred Richards AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried EXECUTIVE SESSION: There was no Executive Session. ADJOURNMENT: There was a motion made to adjourn at 7:21 p.m. MOTION: Fred Richards SECOND: Mary Jones AYES: Chris Mundy, Mary Jones, Fred Richards, Joe Anglin, Monica Beatty NAYS: None Motion carried __________________________ _______________ _____________________________ Mayor – James “Mike” Miller Date City Clerk – Melissa McCain

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EXECUTIVE SUMMARY

SUBJECT: Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow Drive


HISTORY:See attached

FACTS AND ISSUES:See attached

OPTIONS:

IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: true

AMOUNT AND SOURCE OF FUNDS:Not to exceed $248,031.50

RECOMMENDATION:Awarding the bid to Mack Jones Enterprises, Inc. and authorizing the Mayor to sign a contract with Mack JonesEnterprises, Inc. to replace the 2-inch water line along Lights Ferry Road and Morrow Drive with 6-inch and 8-inchpipe.

SAMPLE MOTION: I motion for the City Council to award the bid to Mack Jones Enterprises, Inc. and authorize Mayor Miller to sign acontract not in excess of $248,031.50 to replace the water line at Lights Ferry Road and Morrow Drive.


DEPARTMENT: Administration 43

Prepared by: Melissa McCain

ATTACHMENTS Water Line Replcement Lights Ferry.Morrow Dr.ALL DOCS.pdf

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AGENDA REQUEST

All items requiring action by the City Council must be presented first at a work session. The following information should be provided for each item. No item will be considered for a work session until the Department has received authorization on the item by the City Manager.

Department: Administration Submitted By: Bill Andrew Date Submitted: July 28, 2016

Item of Business: Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow Drive

Attach an Executive Summary fully describing all elements of the item of business.

THE ITEM IS FOR: Work Session presentation only

(no action needed) OR City Council Action Needed.

Is there a deadline on this item? If so, Explain: There is no deadline but the contractor would like to get this project awarded so they may get the project scheduled and underway.

Purpose of Request: To award the installation of the water line improvements on Morrow Drive and Lights Ferry Road to a qualified contractor.

Department Recommendation: City Staff recommends the award of the project to Mack Jones Enterprises, Inc.

If the action involves a Resolution, Ordinance, Contract, Agreement, etc. has it been reviewed by the City Attorney?

Yes No

Explain: Upon award of the bid, Mack Jones Enterprises, Inc. will present the City with a contract to complete the work. Staff will review the contract and if all is correct, have the Mayor sign the agreement on behalf of the City.

If funding is involved, are funds approved within the current budget? If Yes, Finance Authorization is Required Below.

Yes No

Explain: Please see the Executive Summary for details.

Amount: $248,031.50 Source of Funds: SPLOST VII and Water/Sewer Capital Fund

Administration Staff Authorization

Finance Dept. Authorization: Budgeted Amount:

Authorized for Work Session: Work Session Date:

Comments:

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EXECUTIVE SUMMARY

SUBJECT: Bid Award for the Water Line Replacement at Lights Ferry Road and Morrow Drive DATE: July 28, 2016 (X) RECOMMENDATION ( ) POLICY DISCUSSION BUDGET INFORMATION: ( ) STATUS REPORT ANNUAL- ( ) OTHER CAPITAL- $248,031.50 COUNCIL ACTION REQUESTED ON: Awarding the bid to Mack Jones Enterprises, Inc. and authorizing the Mayor to sign a contract with Mack Jones Enterprises, Inc. to replace the 2-inch water line along Lights Ferry Road and Morrow Drive with 6-inch and 8-inch pipe. PURPOSE: The purpose of the project is to provide better water pressure and volume to the area for daily home use and most importantly to provide fire protection with hydrants about every 1,000 feet. This project consists of the construction of a new 8-inch and 6-inch water line to replace an existing 2-inch water line. The new water line will be constructed along north Lights Ferry Road for 975 +/- feet, across 2nd Street, continue south on Morrow Street for 2,225 +/- feet and close the loop at Lights Ferry Road. The project will include installation of service connections, valves, DIP fittings, and fire hydrants as shown on the drawing plan. HISTORY: In 2007, Infratec Consultants was hired by the City to design a water line project for Lights Ferry Road and 2nd Street. The project consisted of extending the existing 8” DIP water line approximately 975 linear feet along Lights Ferry Road and then turning east, boring Lights Ferry Road and extending the line down 2nd Street and Morrow Road for approximately 2,225 liner feet for a total of 3,200 feet of 8” DIP. The design was largely completed at that time but updates were made in the Spring 2016. One change was to include the use of 6-inch pipe where possible so as to cut costs. This project was originally meant to be funded by a Community Development Block Grant (CDBG) in 2007. The income survey for that area indicated that this neighborhood did not qualify for CDBG funding. The City decided to wait until SPLOST VII funds became available to complete the project. In February 2016, we issued a $21,000 Task Order for McKim and Creed to finalize the construction drawings, bid out the project, and supervise the construction.

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FACTS AND ISSUES: The time allowed for Substantial Completion is 180 days, and the time allowed for completion and readiness for final payment is 210 days from the date of commencement. The original plan to fund this project was to wholly use SPLOST VII funds. The budget breaks down as follows: $200,000 Originally allocated from SPLOST VII ( $14,000) 7% projection of what we will be short after all funds are collected $186,000 Funds available from SPLOST ( $21,000) Task Order for McKim & Creed (engineering, bidding, supervision) $165,000 Funds available from SPLOST If the project does cost $248,031.50, the shortfall of $83,031.50 could be made up by the Water/Sewer Capital Cash Account. There may be some small reductions in the cost of the project if we consider a 6-inch pipe as opposed to an 8-inch pipe and if all the rock is not needed. However, these numbers may only amount to a $10,000 to $15,000 reduction. The staff recommendation is to have the balance of the project funded by the Water/Sewer Capital Cash account, which has a balance of $831,775.59. The contract will not be sent to the Mayor for signature until it has been approved by McKim and Creed Engineering, the City Attorney and the City Manager.

OPTIONS:

RECOMMENDED SAMPLE MOTION: I motion for the City Council to award the bid to Mack Jones Enterprises, Inc. and authorize Mayor Miller to sign a contract not in excess of $248,031.50 to replace the water line at Lights Ferry Road and Morrow Drive.

DEPARTMENT: Administration Prepared by: Bill Andrew

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