Mayor and Council

700 Doug Davis Drive
Hapeville, GA 30354

Call to Order
Roll Call
Mayor Alan Hallman
Alderman at Large Michael Rast 
Councilman at Large Michael Randman
Councilman Ward I Joshua Powell
Councilman Ward II Diane Dimmick


Oath of Office - Michael Rast
Questions on Agenda Items
The public is encouraged to communicate their questions, concerns, and suggestions during Public Comments.  The Council does listen to your concerns and will have Staff follow-up on any questions you raise.  Any and all comments should be addressed to the Governing Body, not to the general public and delivered in a civil manner in keeping with common courtesy and decorum.
Consent Agenda
1st Reading Ordinance 2017-13 International Property Maintenance Code

The City of Hapeville’s Code Enforcement operates primarily through the standards within the International Property Maintenance Code (IPMC), adopted by the city in 2003. In order to remain current and relevant, the police department is recommending changes to City Code 84-3-3, ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, to provide approval for the latest version of the IPMC, rather than a specified year.  If approved, Ordinance 2017-13 will replace the current adoption of the 2003 version IPMC to adopt and utilize the most current version available, as published by The International Code Council. 

Should you have any questions, please feel free to contact the City Manager's Office. 

1st reading Ordinance 2017-14 Outside Storage

In order to provide additional relief for the city’s ability to enforce outside storage standards, a problem that brings blight and the deterioration to neighborhoods,  the police department is recommending Ordinance 2017-14. This action will amend City Code 84-3-4, AMENDING THE LOCAL REVISION TO INTERNATIONAL PROPERTY MAINTENANCE CODE  by adding SUB-SECTION 302.1.  If approved, Sub-Section 302.1 will make it unlawful to keep interior furniture, such as couches, armchairs, and gym equipment outside. Staff believes making this change/update to our Code will help expedite clean-up of the City and provide a useful tool in achieving greater Code compliance.

Should you have any additional questions, please feel free to contact the City Manager's Office. 

Consideration and action to approve the application for the COPS Grant.

The Police Dept. has become aware of a new Federal Grant opportunity through the US Department of Justice - Cops Hiring Program (CHP). The deadline for submission is July 10, 2017. Staff seeks authorization to submit a grant application (Please see the attached background memo for additional details). If we are successful, staff will work with Council to amend the budget in future years to identify adequate match funding as well as the funds required for additional equipment. The City Manager and Police Chief recommend that we apply for federal dollars as funding gained for the new position would help the City achieve it's target goal for public safety staffing sooner than our current plan.

Should you have any additional questions, please contact the City Manager's Office. 
Consideration and action to enter into an Agreement with Monica Ewing for Municipal Court Judge.

As a result of an Request for Proposals (RFP) submitted earlier this year for the position of Chief Judge of the Hapeville Municipal Court, Monica Ewing, Esq., was selected as the new chief municipal court judge.  Judge Ewing currently serves in this position and has served in this position for the past 5 years.

Per state law, the City must enter into a contract with Judge Ewing for no less than one (1) year.   However, also per state law, city service contracts cannot exceed one (1) year, but they can be automatically renewed. Thus, the term of the initial contract is approximately eighteen (18) months so that the chief judge appointment occurs simultaneously with the other city appointments at the first meeting of 2018 and the other state laws are also complied with. See attached contract. 

Should you have any additional questions, please contact the City Manager's Office. 
Consideration and action to enter into an Intergovernmental Agreement with Fulton County in the amount of 9,828.50.

This Intergovernmental Agreement authorizes Fulton County to provide election
services for the City in November 2017- General Election.  The municipal clerks that contract with Fulton County will be meeting with the County in July to discuss the increased cost of the contract.  In 2015, the City paid $5,514 for these services.  The proposed budget for next FY contains a line item for $9,900. Staff requests approval of the agreement subject to final negotiations with Fulton County being completed. 

For additional information, please contact the City Manager's Office. 
Public Hearing
Consideration and action on a Conditional Use for Towercom.

The City of Hapeville received a request for a conditional use permit from TowerCom to build a replacement telecommunications structure on the City-owned property (Municipal Annex) located at 700 Doug Davis Drive to replace the existing telecommunications tower currently located at the Municipal Annex Building. The City completed negotiations and is scheduled to receive lease payments once the tower is up and operational. The new structure is a monopole tower and will have a height of 173 feet. The zoning of the City owned parcel is U-V, Urban Village and its current use is municipal police station. Note: as the proposed property is City owned and the use supports a governmental function to provide telecommunications services for the safety of the citizens, the City is exempt from its zoning regulations. Staff is bringing this application forward in the interest of transparency to keep the public informed. As noted, Mayor and Council have the ability to waive the requirements of the Telecommunications Code when the aforementioned goals are served. Again, the property is owned by the City and therefore exempt from zoning regulations and limitations of the construction of towers on any I-1, I-2 and C-2 zoned properties. City staff recommends approval of the conditional use permit for the aforementioned reasons. Should you have any additional questions, please contact the City Manager's Office.

Consideration and action on a conditional use permit by Race Trac.

This item was reviewed by the Planning Commission on Tuesday, June 13, 2017. Please see the attached background information and Planners report. This is an advertised Public Hearing for the Council to consider the Conditional Use Permit to construct and operate a convenience market/fueling facility at the southwest corner of Virginia Avenue and Airport Connector.  The 5,411-sf facility will offer a fresh food service, upscale coffee service and an outdoor dining area.  Planning Commission recommends approval of the development. For additional questions, please contact the City Manager's Office.

Consideration and action on a 2017 alcohol beverage on-premise beer, wine and liquor license for Corner Tavern LLC.
Applicant:   2N8 Properties LLC
Address: 573 N. Central Avenue

All departmental reports have been received and staff has no questions or major concerns with this application at this time. We recommend approval subject to the final agreement being signed with the Owner, the City and Development Authority regarding the stormwater retention agreement. That agreement has been verbally approved, but, awaits final signatures. 

Public Comment
Staff Comment
Mayor and Council Comment
Consideration and action on a 2017 alcohol beverage retail beer and wine license for Kasir LLC.
Applicant:   Kasir LLC
Address:   3332 Colville Avenue
Parcel ID: 14 009800080022 

All departmental reports have been received and staff has only a few question regarding this application.The PD has noted that loitering has been a problem at this establishment in the past and the new management has been advised of this issue. In addition, we have not been able to verify that the applicant has run the appropriate public advertisement required by the Ordinance. We recommend approval pending the running of the ad and a copy being provided back to the City Staff. 

Public Comment
Staff Comment
Mayor and Council Comment
 14 009800080022 
 14 009800080022 
Consideration and action on Ordinance 2017-12 Budget FY 17-18


On May 24, 2017, the City Manager presented a budget proposal for the 2017-2018 fiscal year for the City of Hapeville, a copy of which has been posted to the City Website, along with a copy of the detailed line items supporting the then presented budget proposal.  Pursuant to the meeting, Council provided recommendations for certain additions, deletions and clarifications.

On June 2, 2017, the City Manager presented a budget proposal for Fiscal Year 2017-2018 for Public Hearing and First Reading held on June 6, 2017.   There were no recommendations from City Council for adjustments to the budget as proposed nor has staffed included any further adjustments from the 6/2 proposal and City staff is still awaiting a preliminary Tax Digest from Fulton County. 

As such, the City Manager presents for Public Hearing and Second Reading and final reading the proposed Fiscal 2017-2018 City of Hapeville Budget.  The proposed budget is balanced and projects Revenues and Expenditures for all funds of approximately $31.1M. In addition, staff is well aware of the recent discussions being held by the Fulton County Property Appraiser regarding the Tax Digest. The City Manager and Staff recommends that the City Council adopt the proposed Budget as is. Once we receive the Tax Digest from Fulton County (Anticipated in early July) we can amend the Budget should property tax revenues show an increase above the current projected amounts.  

For additional information, please contact the City Manager's Office. 

New Business
Consideration and action to enter into an agreement with a destination marketing organization for destination marketing services.

In January 2017, the Georgia Dept. of Community Affairs (DCA) issued a ruling providing final direction to the City regarding compliance with the provisions of O.C.G.A. 48-13-51 (Hotel-Motel Tax). Specifically, DCA stated that the City should expend a portion of its tax collections through a Destination Marketing Organization (DMO). The City has complied with this requirement and in response to an RFP the City has selected the ATL District to be the DMO. The City Manager has now completed negotiations as requested by the Council and is recommending the attached contract for approval.

The contract value in year #1 is approx. $1.2M. In addition, the Council will be able to appoint two (2) elected official and one representative of the hospitality industry to the ATL District Board.  A marketing and branding plan will be developed by the ATL District for the City and various events that draw visitor traffic will be sponsored and promoted by the ATL District DMO for the City. Representatives of the ATL District management team that worked directly with City staff will be in attendance at the Council meeting should you have any additional questions. 

Staff recommends approval.
Consideration and action to enter into Agreements for Facility Support Contracts

In January 2017, the Georgia Dept. of Community Affairs (DCA) issued a ruling providing final direction to the City regarding compliance with the provisions of O.C.G.A. § 48-13-51 (Hotel-Motel Tax). DCA has stated regarding City facilities, the City must only expend hotel-motel tax funds for the support of certain City facilities deemed to compromise a “conference center” pursuant to § 48-13-51(a)(4.5). In its ruling, DCA stated that the Hoyt Smith Center and Scout Hut, combined, would comprise such a conference center. Along with paying for capital costs, utilities, and other expenses associated with the conference center facilities, DCA recognized that certain hotel-motel tax funds could be used to pay for staff that support the facilities. DCA further acknowledged that certain City employees’ duties could overlap between conference center duties and other duties not related to those facilities. In such cases, it is important to maintain delineation of time and functions of those employees duties solely devoted to conference center activities (versus their other duties) in order to ensure hotel-motel tax money is not expended improperly. 

In an effort to ensure complete transparency and compliance with the DCA and Georgia law and to provide for delineation of time and functions by City employees whose duties overlap between conference center duties and non-conference center duties, the City proposed to enter into contracts with City employees Tod Nichols, Wayne Stephens, and Holli Stephens which will establish certain amounts of compensation in relation to the time the employees will spend on their respective conference center duties. It will require such employees to keep track of their time to ensure hotel-motel tax revenues are spent properly.

The contracts are for one year, and the value for the contracts are as follows:

Tod Nichols - $15,600.00

Wayne Stephens - $9,970.00.

Hollis Stephens - $8,600.00

These amounts are not in excess of the employee’s current salaries, the contracts merely delineate which portions of the employee’s salaries come from hotel-motel tax funds in relation to time they spend on conference center duties.

City staff will be in attendance at the Council meeting should you have any additional questions. Staff recommends approval.

Consideration and action on Resolution 2017-09 Development Fees

The City staff has developed (with guidance from Council) a development fee proposal which better aligns City fees with surrounding jurisdictions. The City has not adjusted any fees since the 2006 time-frame (pre-recession). With the coming upswing in the economy, the City Manager recommends that the City make adjustments now. The new fee structure is also anticipated in the budget for next FY.

The attached Resolution and revised fee chart includes all changes to the fees discussed previously with Council. Various administrative processes and services provided by the City that support the development process have been included. Recovering a larger percentage of costs needed to perform such support services from those generating the demand is a more equitable way to place the burden for service cost. Please note there is a 30 day effective date delay (Aug. 1, 2017) in order to provide adequate notice of the fee changes to the public. Staff recommends approval.

Should you have any additional comments, please contact the City Manager's Office.  
Consideration to approve the lowest responsible bid submitted for the repairs to the Hapeville Train Depot.
On April 21, 2017, the Hapeville Train Depot was damaged when a vehicle struck the front of the building. Extensive damage was done to the exterior and interior front wall, ceiling, and floor.  RYZE Claim # 656267 lists the damage repair cost estimate at $33,286.49.  Only two bids have been submitted in time for this agenda.  Another bid will be available before the council meeting.  The two bids submitted are from M-Con Company Inc. in the amount of  $28,440 and Short Const. Inc. in the amount of $44,250. Staff recommends that authorization be granted to the lowest, responsive and responsible bid and that repair work be initiated at the earliest possible date.

Should you have any additional questions, please contact the City Manager's Office.              
Consideration and action on a Lease Extension with Crown Castle for cell tower site.

Earlier this year Crown Castle Inc, (Contract Manager for AT&T cell sites) was notified that their lease agreement adopted in 1991 was being terminated by the City. That lease was to end in August of 2017 and the agreement specified that the old tower @ 45 Central Park Dr. was to be dismantled and taken down. Crown has notified the City that a delay in the process is needed due to the coordination of ordered equipment to transfer from the old tower to the new mono pine tower at the Master Park site. The new tower site will be managed through the newly adopted lease agreement with Tower Com Inc. 

Staff is requesting approval of this temporary 90 extension IF Crown Castle/AT&T agree to:

1) Continue paying the lease provisions provided in their contract

2) Provide up to $7,500.00 in additional compensation for the City Telecommunications
     consultant (Mr. David Gilley). This would be for purposes of communication/coordination.

3) Provide up to $2,500 in additional compensation for legal fees that will be needed to
    properly document and monitor this transaction. No vested rights under the old agreement
    would carry forward with the extension. 

In closing, staff recommends the Council and Development Authority approve this action in order to finalize the close out of the original lease agreements with Crown Castle /AT&T. We have provided notice to AT&T hat no further extensions would be granted.

Should you have any additional questions, please contact the City Manager's Office. 
City Manager Report
Public Comments

At this time, the Mayor opens the floor to comments from the audience. Comments should relate to a specific agenda item, not listed on the agenda for a Public Hearing, or to a concern within the jurisdiction of the City. Mayor and Council meetings serve the purpose of conducting city business and are not a forum for the unlimited expression of opinion. The Mayor reserves the right to limit comments to matters germane to city business and may refer speakers to the City Manager or other staff for resolution.  

Mayor and Council Comments
Executive Session
When Executive is Required one will be called for the following issues: 1) Litigation O.C.G.A. §50-14-2; 2) Real Estate O.C.G.A. §50-14-3(b)(1); or 3) Personnel O.C.G.A. §50-14-3(b)(2).

Public involvement and citizen engagement is welcome as Hapeville operates a very open, accessible and transparent government. We do however remind our attendees/residents that there are times allocated for public comments on the agenda. In order for council to conduct their necessary business at each meeting, we respectfully ask that side-bar conversations and comments be reserved for the appropriate time during the meeting. This will allow the City Council to conduct the business at hand and afford our meeting attendees ample time for comments at the appropriate time during the meeting.