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HomeMy WebLinkAbout03-03-2011 regular meeting F"""- City Council of Peachtree City Minutes of Meeting March 3, 2011 The City Council of Peachtree City met Thursday, March 3, 2011, in the City Hall Council Chambers. Mayor Don Haddix called the meeting to order at 7:00 p.m. Council Members present: Vanessa Fleisch, Erik buker, Kim Learnard, and Doug Sturbaum. Announcements. Awards. Snecial Recol!nition Royce Miller of the Fire Department was recognized for 25 years of service. Minutes Sturbaum moved to approve the January 20, 2011, regular meeting minutes; February 2, 2011, workshop minutes; February 3, 2011, regular meeting minutes; and February 5, 2011, special called meeting minutes as written. Fleisch seconded. The motion carried unanimously. Consent Al!enda 1. Consider Alcohol License - NEW - EI Reposo #3, 147 Highway 74 South 2. Consider Alcohol License - NEW - Green Ginger, 200 Market Place Connector 3. Consider Acceptance of Easement for Station 84 Sewer 4. Consider Budget Adjustments - FY 2011 5. Consider Ordinance Amendment - Hours of Municipal Court ,...., Sturbaum moved to approve Consent Agenda items 1 - 5. Fleisch seconded. The motion carried unanimously. Old Al!enda Items . 06-10-01 Public Hearing - Consider Rezoning, LUR-13 to GR, Newgate Road Laurel Henderson, defense counsel for the City against two lawsuits filed by Norsouth, addressed Council, recommending that Council accept a settlement with the plaintiff that modified the original plan, but still filled a City need. Henderson explained there was one lawsuit against the City pending in federal court and one in state court over a rezoning denial on June 17, 2010. Henderson said that, during the discovery process, information had been uncovered that was unknown to the governing body at the time of the denial. She noted that there was a housing study done based on 2005 data that was in the City's possession (but unknown to Council) showing the City had a problem with housing units that were cost- burdened. Henderson said cost-burdened was a technical term under federal regulations that pertained to how much of a person's income had to be spent on housing. There were limitations that were considered reasonable. She specified that cost-burdened pertained to people who made less than 80% of the median area income. Henderson continued that 12.6% of the households experienced some housing need, h"llf of which were severe housing needs, particularly among the elderly. She noted that the study said there were 138 households of persons over 60 years of age with housing needs, and 126 renter units of persons over 60 with housing needs. Given the economy in the last several years and what had happened with lost retirements and loss of jobs i"""'. coupled with the City's aging population, Henderson said they could be fairly assured that number had not gone down. The need would continue to grow as the City's population aged. ;"::'->' ""'( ~ . . - City Council Meeting Minutes March 3, 2011 Page 2 Henderson continued that the project Norsouth wanted to build went far in addressing a need already identified in the City. The case pending was a fair housing case. The project was not a housing project, which was a concept that had proven not to work. The project was a proposal for elderly housing, which had become very popular. All of the units were for ages 62 and over, with the exception of two units. that would be available for on-site employees. The age restrictions were enforceable in several ways. Because the project received tax credits, annual reports were required to show verification of the age restrictions. The federal and state govemments had the ability to enforce compliance. Because the age restriction was also a condition of the zoning, the City could enforce it through zoning violation notices. The conditions/age restrictions would also be recorded with the property deed, which meant that they could be enforced through Superior Court if necessary. The proj ect density had dropped from 110 units to 96 units, including the two units for employee occupancy. The City's Comprehensive Plan supported the project in several ways. The property had already been zoned for multi-family housing in a different form and was shown in the Comprehensive Plan as suitable for multi-family. The City's original village concept included the concentration of high-density and multi-family housing around the commercial area, which was where the property was located. The Comprehensive Plan also supported the need to supply a variety of housing products, with a particular need for housing needs of the elderly. Henderson said there were several protections in place for the City. This was settlement of a lawsuit. The City could continue to defend the suit, but there would be a 100% winner or loser, and it was never known how such a case would go in court. The attorney fees were already in the six-figure range for Norsouth. If the City lost the lawsuit, the fees would be much higher. The substantial upside to the settlement was that the project supported a need in the City and the Comprehensive Plan. In addition, Norsouth was amenable to working with the City on its concerns. There was some concern that Norsouth would sell the property and move on. Norsouth had sold some properties several years ago, but the company had redefined where it wanted to be in the market and had refocused its efforts on elderly housing, resolving some of that concern. Kathy Zickert, Norsouth's attorney, said Norsouth was very grateful the City had worked through the agreement with them. Everyone's best interests were served. All of their commitments had been made in writing and would be observed. She assured Council that the City would be very proud of the project and appreciated Council's favorable consideration. The public hearing opened. Mary Price asked what commitments and assurances had been made if all the units were not rented to the elderly. Phyllis Aguayo was skeptical, adding that promises were always made and projects always became what everyone feared. She could not imagine the units would be filled and what the units would become if they were not filled. There was no guarantee. There was a reason for the ~ City Council Meeting Minutes March 3, 2011 Page 3 City's multi-family moratorium. Residents felt the City had a full complement of rental properties and multi-family housing. They were opening a can of worms. Juan Matute said this project, or any project, was directed at an aging population. There were transportation needs for the elderly, and he was concerned that the location was in a place that isolated the seniors from moving around the metropolitan area. They might not be able to afford cabs as this project was for people with lower incomes. The transportation needs of an aging population needed to be met and would be a concern in the future. Therese Ogletree said there was a multi-family moratorium, asking how the rezoning got on an agenda without the population knowing it was coming. She also had concerns about what would happen if seniors did not fill all the units. Beth Pullias said she had gone on a tour of Norsouth's other facilities in June, and all were at least 98% occupied. Her concerns were what would happen if there was a change in ownership or management, and what risks that could pose for the City. Pullias continued that the cart paths to Kedron Village needed improvement, adding that the tunnel to the shopping center was narrow and difficult to navigate. She felt the project could be a good thing ifNorsouth and the City worked together. I'"'"'"' The public hearing closed. Henderson said the City had no right to determine who the owner of a property would be or if it was sold. There was a notice requirement in the agreement, and if Norsouth were to sell the property, which they had indicated would not happen, Norsouth was required to carry forward all the restrictions in the development agreement. Sale to another party would not void the deed restrictions on age. The property was not subject to the multi-family moratorium because it was already zoned for multi-family use. The moratorium only applied to rezonings to multi-family use. It was on the agenda because zoning procedures law required one follow-up hearing for the proposed settlement. The public hearing was duly advertised. The cart path would be connected to the project, and the residents would have access to the path system. Haddix said it appeared the attorneys had covered all the questions and asked for a motion. Sturbaum moved to approve the rezoning with the conditions as set forth in the development agreement. Learnard seconded. The motion carried unanimously. ,....., New Al!enda Items 03-11-01 Public Hearing - Consider Amendments to GC Zoning, Remove SUP Criteria & to Establish Retail Caps for New Retail Development Community Development Director/City Planner David Rast recounted that until several years ago the City had no size limitation within General Commercial (GC) zoning. After the Home Depot and Walmart development was approved, Council adopted the "Big Box" ordinance, which had established size limitations for individual tenants as well as overall size of a development. The Special Use Permit (SUP) provision followed the "Big Box" ordinance, and , ,. , ",.... City Council Meeting Minutes March 3, 2011 Page 4 allowed a developer to go through that process if the size exceeded the limitations in the "Big Box" ordinance. Rast continued that the only development that had gone through the SUP process was the Line Creek retail development. The project had been recommended for approval by the Planning Commission, and was subsequently approved by Council, but the development had not moved forward in the allotted time (two years to get the project moving). As a result, the SUP had expired. Rast continued that, in order to establish retail caps, staff needed to determine the industry standards for large format retail stores. A supercenter was in excess of 200,000 square feet. Discount centers/clubs were in the 120,000 square-foot range, and specialty retail such as Home Depot was smaller. After determining the industry standard, there was a comparison of stores in the City. Rast noted several of the stores had been approved prior to the Big Box ordinance and SUP process and were larger than the 32,000 square-foot maximum. Stafflooked at those stores and came up with a series of retail caps for future development ranging from 45,000 square feet for general merchandise to between 15,000 and 45,000 square feet for specialty retail. Some were larger than the 32,000 square-foot cap in place, but the proposed retail caps were more in keeping with some of the retail sizes adopted in jurisdictions throughout the country. ,., Staff discussed the proposed amendments with the Planning Commission on November 29, and the feelings were very strong that the SUP should be kept in place because it gave staff and Council more leverage in dealing with larger format stores. The Commissioners had no consensus on developing retail caps, and they wanted to wait for the Economic Development Coordinator (EDC) to come on board to discuss that. Rast said staff was not coming to Council for a formal recommendation, but for guidance on how to proceed and a general consensus on whether to remove the SUP criteria and change the ordinance to establish retail caps. Rast added that Joey Grisham, the EDC, had included a memo from his perspective and could answer any questions Council had. , The public hearing opened. Phyllis Aguayo said she did not think Council should look at size based on other cities. The residents had always felt the City was a special place and wanted it to remain Peachtree City. Beth Pullias said she agreed with the Planning Commission recommendation to keep the SUP in place and asked Council to listen to the EDC's information on retail caps. The public hearing closed. ~ Leamard asked Grisham to discuss the retail caps. Grisham said the numbers were very arbitrary. He noted that the proposed retail cap for sporting goods stores was 25,000 square feet, adding that Academy Sports would be eliminated since their stores were usually 60,000 - 80,000 square feet. Dick's Sporting Goods were also usually over 25,000 square feet. Grisham said businesses understood what size was needed to be successful, and the SUP gave businesses that -~-.....- , .....:,.~'''''_ce;~,.>_..- City Council Meeting Minutes March 3, 2011 Page 5 ,....., option. Leamard clarified that the caps would not give the City any flexibility for businesses that wanted to come in and the City wanted. Grisham said that was correct, which was why .he recommended keeping the SUP in place. Fleisch asked Grisham how the retail caps would affect the current empty retail spaces. Grisham said the vacancy rate in mid-20l0 was approximately 11.5%, and it was now down to 9%, so several tenants had been gained in the last several months. Grisham discussed leakage, which was an estimation based on Census figures, survey numbers, and Bureau of Labor statistics. He explained that he looked at a six-mile leakage, adding that the City's trade area was much larger than the City limits. Fresh Market was a regional concept and would attract people from a much larger radius, adding that Sam's Club was also a regional destination and attracted people from a 30-mile radius. Within a six-mile radius, the City was leaking approximately $450 million in retail sales to other communities. The largest areas were lumber and building materials and clothing stores (general merchandise), at an estimated $96 million. Residents would drive out of the City to get those items. Fleisch asked Grisham where the vacancies were. Grisham said probably the largest vacant center was Westpark. The center did not have an anchor and was located at a major intersection. The problem was ingress and egress, and a lot of the vacancies were on the backside of the development. Braelinn Village was doing well, but was losing Blockbuster. Shopping centers without anchors typically had more vacancies. There were some across from Walmart, but were they on the backside without frontage on SR 54. Fleisch asked what effect retail caps could have on redevelopment. Grisham said that, ifK-mart wanted to expand, they would have to come to Council for approval of an SUP. Without the SUP in place, the store would not be able to expand, which could affect any redevelopment. Haddix questioned the validity of the leakage numbers, asking whether the report also said the City needed a car dealership. Grisham said that was included in the same report. Haddix said it was a report that used the same formula without tweaking it to fit a locality. The same methodology was used for every city, with no adjustment. Grisham said it was based on numbers present in the market; lost sales were lost sales, no matter where the municipality was. Haddix said he read studies that said big boxes took money away, as well as studies that claimed car dealerships damaged cities. Grisham said those studies were very subjective, and many studies disagreed. Haddix said his point was not all retail was equal. Some had benefits and some did not. He cited a study from a city in Massachusetts, which said, based on 1,000 square feet, a business park benefitted the city $112, office space benefitted a city $66, a large shopping center (big box) cost the city $314, special retail benefitted the city $316, and a hotel benefitted the city $35 per room. Haddix said a lot of cities were putting in retail caps, and many states were banning big boxes or putting penalties in because the known effects of the cost were negative. There were too many studies to ignore. ~ Leamard asked Rast if any other guidance was needed if Council decided the ordinance did not need amending. Rast said the ordinance would be left as it was, with an individual tenant at City Council Meeting Minutes March 3, 2011 Page 6 32,000 square feet and a maximum for a total development at 150,000 square feet. Anything over those maximums would fall upder the SUP criteria. Imker asked if an SUP enabled a variance request, adding if someone could ask for a variance to retail caps. City Attorney Ted Meeker said either a use was permitted or it was not. Under the current format, a special use was a similar to a rezoning, requiring a public hearing and a process similar to changing zoning from residential to commercial. The underlying GC zoning was never changed; the SUP just allowed something extra that GC zoning did not allow. An applicant could always ask for a variance, but he could not envision someone qualifying for a variance to put in a store larger than what the caps were. Variances were usually isolated and due to lot sizes, topography, or a site condition that necessitated relief from zoning regulations. A request for a use variance should be a text amendment to the zoning ordinance. Imker clarified that an SUP gave the City the flexibility to work with an applicant. Meeker said that was correct. It gave an applicant the abHity to make the request. "...., Haddix said there was also the issue of setting precedent. The Capital Cities Development (CCD) SUP set precedent. If the current levels were kept, there was a bowling alley that wanted to locate in the City, and it would need an SUP, which was another precedent. Haddix said the City had experience in granting exceptions that had cost lawsuits, referring to a prior lawsuit where Lowe's had wanted to locate in General Industrial (GI) zoning. The City lost the case, with the court saying that personal opinion did not constitute law. The City could not pick and choose the stores it wanted. Fortunately, Lowe's did not build. Council could not ignore precedent, and an SUP boiled down, to personal choice. Fleisch said she was unfamiliar with the lawsuit, asking Meeker to elaborate. Meeker explained that Lowe's had wanted to build on property zoned GI at TDK/SR 74. Staffs position was that was not a permitted use in GI zoning districts. The judge ultimately sided with the developer, saying it was a permitted use. Meeker said the size limitations had nothing to do with the case, but with whether the use was permitted or not. Haddix said that was because exceptions had been granted in GI zoning for other stores in the past. Meeker said there was language in the ordinance that said uses that supported the Industrial Park were permitted in GI, which was very broad and the use had been removed from the GI and Limited Industrial (LI) districts. He added the courts always sided with the free use of property when ordinances were vague, which ultimately caused the court to decide for the developer. Haddix rephrased his comments, saying that other stores were allowed in LI zoning because they were deemed accessory uses, then said Lowe's was not, which was deemed to be personal interpretation. Meeker and Haddix agreed that the judge's ruling basically said that. Haddix said personal choice and hand-picking businesses set the City up for lawsuits. Fleisch said she supported retaining the SUP and free enterprise, agreeing with Grisham that businesses knew what they needed. Haddix said all five Council Members had stanchly opposed big boxes when running for office, and this was not what the voters had voted for. ~ Imker asked if a bowling alley could come in if it needed 60,000 square feet with retail caps in place. Haddix pointed out the bowling alley wanted 38,000 square feet. Meeker said it would be allowed under either the Limited Use Commercial (LUC) zoning, which would require a ,..-, City Council Meeting Minutes March 3, 2011 Page 7 rezoning for the property, or the SUP. Both required full vetting by staff, Plauning Commission, and Council. Imker said he liked the fact that Council ultimately controlled the size of a big box with the SUP, asking Meeker to clarify whether Council could deny an SUP. Meeker said that, under the current ordinance, Council had the right to approve or deny a request for an SUP. Imker said he liked the flexibility. Leamard moved to deny the amendment to GC zoning removing SUP criteria and establishing retail caps for new retail development. Fleisch seconded. The motion carried 4-1 (Haddix). 03-11-02 Public Hearing - Consider Adoption of Transmittal Resolution for 2011 Partial Plan Update to the Comprehensive Plan Rast said this was a housekeeping issue. The City had to send its Short Term Work Program (STWP), Capital Improvement Element (CIE), and report of impact fee collections to the Atlanta Regional Commission (ARC) and the Department of Community Affairs (DCA) as part of the Georgia Planning Act. The docu!llent was an aunual update, which required a public hearing before Council to adopt the transmittal resolution, so the document could be sent to the ARC. Once the comments came back from ARC and DCA, any changes would be made, and the document would come back to Council for adoption. Adopting the update allowed the City to maintain its status as a Qualified Local Government (QUi) and was part of the Comprehensive Plan, meeting several other requirements. r The public hearing opened and closed without comments. r: Learnard referred to page 184 of the agenda packet, which was a list of impact fees collected in 2010. Rast said that, per the impact fee ordinance adopted a few years ago, the impact fees that were collected were to go to allocated accounts. The City had not collected a lot of fees, but Leamard had looked at the impact fee balance, which included improvements to public safety servIces. Imker asked if 20 15 was the completion date for the submittal of tlie Comprehensive Plan. Rast said that the entire Comprehensive Plan was to be adopted by June 30, 2012; however, there was a legislative bill that proposed doing away with Comprehensive Plans and QLG status. The state had recommended Fayette County's jurisdictions hold off until it was known what was going on. Leamard moved to adopt the transmittal resolution for the 2011 partial plan update to the Comprehensive Plan. Sturbaum seconded. The motion carried unanimously. ~ . 03-11-03 Consider Resolution to Form City Facilities Authority Financial Services Director Paul Salvatore said that since the late 1990s the City had financed its facility improvements through Bricks & Mortar loans, which was a financing mechanism that allowed the City to leverage the value of its existing buildings to secure loans. In December 2009, staff had been told the City's capacity for the loans was running out, and another mechanism would be needed to go forward. The recommendation was to create a public facilities authority similar to those set up by Fayette County and Sandy Springs. He said the attached legislation enumerated the powers ofthe authority. f ~ City Council Meeting Minutes March 3, 2011 Page 8 Imker said creating the authority was absolutely the right thing to do for the City, and he could not imagine a better financial move. Sturbaum agreed. Fleisch noted it was March 3, asking if there was time for the local legislation to go through the process. Meeker said March 3 was Day 22 of the legislative session, and it had to get through one of the houses before Day 32, so Council needed to move on it. Imker asked to clarify who would serve as the members of the authority. Meeker said, under the legislation, Council would serve as the members ofthe authority. Imker moved to approve the resolution to form a City facilities authority. Sturbaum seconded. The motion carried unanimously. 03-11-04 Consider Amendment to FY 2011 Budget - Fire Department Specialty Dive Team Salvatore said this was the first of several budget amendments, and all had been discussed at an earlier workshop. Amendments that were more housekeeping in nature were usually placed on the Consent Agenda. These amendments required Council deliberation on whether the items would be funded or not. Salvatore said funding was insufficient to meet the safety standards for the Fire Department's Specialty Dive Team, which was currently only a few thousand dollars. Council's decision e-o. would be whether to disband the team or fund it with $18,262. Leamard asked how much funding was needed for the next fiscal year. Assistant Fire ChiefPeki Prince said they needed in the range of $20,000 for the next fiscal year, plus the cost of upkeep and continuing education, which would decrease over time. Prince said the budget had been adjusted over the last few years due to fiscal constraints. This was the year that everything had come to fruition and the money had to be spent. There were pros and cons, and the con of keeping the team was cost. The pros included that it was an established service that the community had expected, especially with events such as the Dragon Boat Races and Triathlon. Staff would have to re-evaluate those events from a public safety perspective if the dive team was eliminated. She explained there were two other aspects of the program - surface, which were the boat operators who could do surface recovery, and the dive team was underwater. Leamard asked if the department could support an event with the Swiftwater Rescue Team (SRT) alone. Prince said that, without the dive team, if a person went under the water, they could not recover them. Prince said they would continue the SRT training and certification, but they would not be able to break the surface plane without the divers. Prince noted that there was an incident a few years ago where a swimmer broke the plane of the surface and was recovered, but the swimmer spent two weeks in intensive care. Sturbaum clarified that, without the dive team, the swimmer would not have been saved. Prince reiterated that, without the dive team, they were not supposed to break the plane of the water. Haddix said the risk of life and loss of evidence outweighed the cost, and he wanted to keep it. I<i Leamard said it was a difficult decision, noting that the cost for the next fiscal year would '._~" "'~.::c:'..L,,"';' City Council Meeting Minutes March 3, 2011 Page 9 ,."..... actually be $41,000. Prince said the Fire Department had looked at the costs, and they had been adjusted. Fire Chief Ed Eiswerth said if the department kept the SRT, then they must buy a boat, which had been in the budget for several years. A big part of the cost in FY 2012 was the boat. Another $20,000 would be for the dive team. After those costs, they would need approximately $7,500 per year. Imker said there had to be a budget decision, and this was the low leaf on the branch if something had to be cut. For 20 years, they had not recovered anyone under the surface with the specialty dive team. The budget had to be considered. Eiswerth said that, in addition to the incident Chief Prince had discussed, there had been one other incident. The person who was recovered could not be resuscitated. Imker asked about evidence recovery and whether that would make it worthwhile to keep the dive team, adding that it might take longer but it would be recovered by a nearby municipality/county with a dive team. Leamard asked if any jobs would be lost. Eiswerth said they would lose some volunteers, but no jobs would be lost. Fleisch asked if the City would lose any events to his knowledge. Eiswerth said not if just the dive team was cut. ~ Sturbaum said his concern about disbanding the team was the fact that Lake McIntosh going in. Eiswerth said that was a concern. Staff had talked with Coweta County, and they were not ready for a dive team yet. He said they needed a commitment either to do it right or not at all. He would like to keep it, but it was up to Council. Imker said that use of the lake was four or five years down the road, and here could be other opportunities and the budget might have turned around. Eiswerth said that if the team was shut down, it would cost up to $100,000 to bring it back on line. They would get rid of all the equipment, which would be either surplused or transferred to the SRT. Leamard said Lake McIntosh was an excellent point, but there were no easy answers. Council had to make difficult decisions and focus on core services. Haddix said there was no higher service than safety. Leamard moved to deny the budget amendment for the Specialty Dive Team. Imker seconded. The motion carried 3-2 (Haddix, Sturbaum). 03-11-05 Consider Amendment to FY 2011 Budget - Economic Development Budget Salvatore said the first part of the amendment was to break out Economic Development into its own department within the Community Development division. The second part was to supply the EDC with an operating budget for supplies, training, marketing, and recruitment. The total amount requested was $75,294. Sturbaum moved to approve the Economic Development budget as listed in the packet. Fleisch seconded. The motion carried unanimously. 03-11-06 Consider Amendmcmt to FY 2011 Budget - Kedron Bubble Acquisition City Council Meeting Minutes March 3, 2011 Page 10 ~ Salvatore pointed out that the funding for the bubble was included in the FY 2012 budget as an item to be financed. Staff had trie? to get one more year out of the bubble and planned to bring it up during this year's budget discussions, but there were concerns it would not make an additional year. The Recreation Department asked to move up the purchase for discussion. Salvatore said they could pay cash for it now. There Wasal10ther agenda item that would allow the City to finance the purchase. The question was whether to move the bubble up in the five-year plan so it could be financed and ready to go up in October 2011. Imker said he saw three options - pay cash, shift the purchase forward one year, or finance it with the facilities authority if it was approved by the state legislature. He added that approving it now would give staff the go ahead to put out the proposal to get it ready for the fall. Salvatore said the Request for Proposal (RFP) had been issued as it was time sensitive. If Council did not approve the budget amendment, the RFP would be retracted. r Learnard said the bubble had been pushed as far as it would go. It would not be in any condition to go back up, and she felt Council should move it up. Haddix said Council was bypassing the budget procedures and hearings that the public would participate in. He noted his data from the current Resident Survey was two weeks old, pointing out that 86.7% on the survey said they did not want to finance anything new. Haddix said very few citizens used the facility, adding he would like to keep Kedron to use as a bargaining chip in the Local Option Sales Tax (LOST) negotiations since all the County schools used it. The low usage, the bubble cost, and the opinion of the residents regarding new spending added up to taking a risk on the bubble for another year. Learnard asked if there was any feedback available from the survey regarding the bubble. Interim City Manager Nikki Vrana pointed out that the question on the survey was "how important was it for the City to have a pool open in the winter months." She said the rankings on the question were 66% said it was important (31 % ranked very important and 34% ranked it as somewhat important) and 34% said it was not important. Learnard said the bubble had been in the budget for several years. Fleisch added that the bubble was supposed to have lasted seven years and had been used for 15 years. Fleisch asked Haddix if he wanted to be responsible for the bubble's implosion while someone was swimming. Haddix said the cost was $250,000 when they had just shot down $20,000 for a safety issue, which was a massive contradiction to him. ~, t. ~. Sturbaum said he was not against replacing the bubble, but he wanted to see the RFP results. Vrana said the bubble would comedown on March 24, and attendance at one of the on-site pre- bid meetings (scheduled March 17 and 18) was mandatory. Staff had to list the RFP now so that interested vendors would be able to see the bubble before it came down. It was not an off-the- shelf product. Salvatore added Council would have to approve a contract for the bubble. The amendment was budgetary authorization. The City had the right not to accept any of the proposals if it was felt they were too expensive. Leamard noted that the next agenda item was a resolution that allowed the funds to be taken out ';'.~;",.".-.-~~~ City Council Meeting Minutes March 3, 2011 Page 11 ~ of the Cash Reserve rather than wait for FY 2012 when the bubble was budgeted. Salvatore added that banks did not want to finance the bubble alone because it was considered expendable. The resolution would allow the fill.ancing to be included with other items. He added that the new bubble specifications included a useful life of 15 years, so it could be rolled in with other capital facility improvements and have the payments spread over twice as long. As an equipment lease, the bubble would only be financed for seven years. Staff would investigate the best method to finance it. The resolution would also allow the City to reimburse itself for the funds taken out of the Cash Reserve. Haddix said he was not opposed to replacing the bubble, but he was concerned whether it was a wise use of money during the current economic climate. Imker said he also wanted to see the bids. Based on the history of the current bubble, a new one could last 20 to 30 years. When the cost was spread out, the actual cost would be $10,000 to $15,000 per year. Haddix asked Salvatore if approving the budget amendment was a commitment to spending the money. Salvatore said there was no commitment until a contract with a vendor was approved. Fleisch moved to approve the amendment to the FY 2011 budget for the Kedron bubble acquisition. Irnker seconded. Meeker added that every RFP included wording that the City reserved the right to reject any and all bids. Until a proposal was accepted, no contract was entered into. The motion carried unanimously. 03-11-07 Consider Reimbursement Resolution Salvatore said the resolution did not bind Council to any financing. It just left the option open. It was not a commitment to spend any money. Sturbaum moved to approve the reimbursement resolution as stated. Fleisch seconded. The motion carried unanimously. 03-11-08 Consider Amendment to Schedule of Fees for Residential & Commercial Building Permits The amendment to the schedule of fees would allow the existing fee structure to utilize the industry standard and accepted total valuation method as prescribed within the 2006 International Building Code, Section 108.3. Learnard moved to approve the schedule of fees for residential and commercial building permits. Fleisch seconded. The motion carried 4-1 (Sturbaum). Sturbaum said he had some concerns regarding the area comparisons on page 260 of the meeting packet. Imker said he would like to see what Sturbaum was comparing at a later date. ..- [, 03-11-09 Consider Elimination/Replacement of Position - Community Development Approval of the agenda item would eliminate the position of Planner/Economic Development Coordinator and replace it with a Planning Coordinator position. .--.- "---'_-"-'---'~'--~----'---"--'-'-..,.....:.....- City Council Meeting Minutes March 3, 2011 Page 12 ~ Imker clarified that this was just basically a title change for a position. Vrana said it was, with a few minor tweaks to the job description. Imker clarified that the change included removing Economic Development Coordinator from the position title so it would not be confused with the new position of Economic Development Coordinator. Vrana said that was correct. Sturbaum moved to approve the elimination/replacement of a position in Community Development as stated in the packet. Leamard seconded. The motion carried unanimously. 03-11-10 Consider Change to Fire Department Work Cycle The request was to change the Fire Department's present 19-day work cycle to a 28-day work cycle as defined under the Fair Labor Standards Act for all line (24-hour shift) firefighters and fire officers effective May 9, 2011, Sturbaum moved to approve the change to the Fire Department work cycle as recommended by staff. Leamard seconded. The motion carried unanimously. 03-11-11 Discuss & Consider Funding Recommendations for Peachtree Parkway/ Crosstown Drive Intersection Improvements City Engineer Dave Borkowski addressed Council concerning the funding for the proposed improvements at Peachtree Parkway/Crosstown Drive, adding that the Fayette County Board of Commissioners had agreed to fund $25,000 for an alternative analysis, as well as some additional information, in December. Borkowski noted that the existing level of service (LOS, which are graded on an A to F scale) was "E" in the afternoon peak, adding that the eastbound direction of Crosstown backed up significantly during that time. Borkowski added that "D" was the minimum goal for LOS in the City. A failing LOS for unsignalized intersections was a 50-second wait time, while an 80- second wait time was failing for a signalized intersection. The current approved proposed project scope would add left and right turn lanes on Crosstown and right turn lanes on Peachtree Parkway, with signalization. All of the improvements would provide an LOS of "D" through 2027, with a growth factor of2% per year. Borkowski continued that the total cost was estimated at $1,218,529, adding that the City lost $400,000 in Transportation Improvement Program (TIP) funds from the Georgia Department of Transportation (DOT) for the project. The project was not funded by the City's share of the Special Purpose Local Option Sales Tax (SPLOST), but it was on the County's SPLOST list. According to a 2007 traffic study, a signal at the intersection was warranted without including the potential traffic from the proposed TDK extension into Coweta County. A concept report was approved through the DOT, but the design was incomplete. The alternative analysis had been completed for right-turn lanes and a roundabout. ~ Borkowski summarized the impact of the turn lanes and roundabout options. The turn lanes would require 1,073.28 square feet, with a cleared area of 13,128.80 square feet, and the removal of 9,900 square feet of trees. A roundabout had a right-turn bypass lane, and would be a dual City Council Meeting Minutes March 3, 2011 Page 13 ~ lane roundabout. It would require 3,411.35 square feet of easements, 15,637.68 square feet of cleared area, and the removal of9,350 square feet oftrees. As for LOS, Borkowski noted that a roundabout would provide the best LOS through 2035. If nothing was done, the LOS would be "F" in 2015. A signalized intersection would have an LOS ofC or better in 2015, but would be an F on the eastbound through lane and northbound left-turn movements during the afternoon peak traffic by 2035. Borkowski summarized the costs of the options. The estimated cost for right-turn lanes with one left extension only was $549,667. A roundabout would cost approximately $685,398, and the original concept with turn lanes and a signal would cost $1,218,529. Ifno signal was installed, the cost would be $1,018,529. Mayor Haddix opened the floor for comments. ,-, " Lois Speaker said there was more to the City than the junction of SR 74/SR 54. It was built as a destination. She noted the motto of "Come to visit, plan to stay," which she said were not compatible. With regards to this project and future projects, this was not going to be the end. She said it sounded like projects that were considered were more dependent on how much federal funding was available than anything else. There was no pressing need for any changes to the intersection. She asked what company performed the traffic study and what its track record was. Phil Prebor said he traveled through the intersection often. There was a backup in the evening going east on Crosstown, which was the traffic headed to Highgrove and Whitewater subdivisions in the County. A right-turn lane was needed in front of Towne Club to handle that. A light was not needed until the TDK extensionlbridge was complete. Juan Matute said the roundabout was probably the best choice, but people did not know how to navigate them. He asked Council to consider either right turn lanes with one left extension or the original concept with various turn lanes and a signal. Phyllis Aguayo asked if people were clamoring for improvements to the intersection, adding that the improvement options were based on projections for tremendous growth in the future. The City was nearing buildout. She said if the City was improving the intersection for pass-through traffic, then it would make it easier for them to go through the City rather than around it. Rick Schultz said there were really no disruptions of the traffic flow other than the eastbound cars on Crosstown to go south on Peachtree Parkway. The wait was longer 40 minutes of the day. The rest of the time, traffic flowed well. The only improvement needed would be a right- turn lane on the Towne Club section. -- Joe Gilliland asked if the City wanted a town or a highway. Accommodating through-traffic would change the culture and quality of life in the City. There would be a serious impact on the City Council Meeting Minutes March 3, 2011 Page 14 ~ whole community, especially the Brookfield subdivision, for a project that had been deferred, then resUIT.ected. He did not think any action was necessary. Mary Giles said she had e-mailed Council earlier and asked a question. She would like to see Crosstown Drive kept as a road across town, not part of an across the County system. Peachtree Parkway was the signature north-south route in the City. She asked Council to focus on the do nothing option for now. John Wallace agreed that no one wanted most of the improvements. One right-turn lane from Crosstown onto Peachtree Parkway was all that was needed. ,....., Haddix said DOT was DOT, and they had also wanted a roundabout or a signal at the Walt Banks/Peachtree Parkway intersection. Haddix said he received a letter from DOT a few months ago asking whether that project should be cancelled, and he said yes. However, DOT did not ask the same question for this intersection. Many times it was the City's perspective versus the DOT perspective. He continued that this was the last chance for the City to get any of the SPLOST funds from the County for a project like this. In the future, any road projects would be on the backs of the City's taxpayers. He added that the TDK extension was still on the DOT's books and on the Georgia Regional Transportation Authority's (GRTA) books. Haddix said he had met with the company that owned the former McIntosh Village property in Coweta County, and they had asked that the extension be put back on the map for future consideration. No one was in a comfortable position. He agreed that a roundabout would not be good. Fleisch said the decision was easy for her. The money did not need to be spent now, and she was comfortable leaving the intersection alone. Leamard asked what the peril was to the City if nothing was done. Borkowski said there was no penalty if the City did nothing. The TIP funds were already lost. Leamard asked if the Board of Commissioners was willing to provide funding for the turn lanes since their consensus was no roundabout or signal. Borkowski said there had not been an official. vote, but the Commissioners' consensus was they would be more willing to give money for turn lanes. If Council's decision was to pursue funding for right-turn lanes, then an official request would be made to the County. Learnard asked if the City had received any information on the funding discussion held during the County Commission's retreat on February 11. Borkowski and Vrana said they not seen anything. ~ Haddix said they were looking at SPLOST funds, and maybe later, reapplying for DOT funds. However, the DOT was making it clear to the legislature that the cost of roads would be transferred to localities. Leamard clarified that the City might or might not get any SPLOST funds. Haddix said that was correct. Council had to pick one of the options and send the request to the Board of Commissioners. Sturbaum said they needed to know what the Commissioners had to say. Haddix said they needyd to pick an option and ask for the funds. Haddix asked Borkowski how hard it would be in the future to install a signal if the first option was selected. Borkowski said it would be easy to put in a signal with the right turn lanes. Vrana City Council Meeting Minutes March 3, 2011 Page 15 1""""\ noted that during the Commissioners' workshop discussion it was pointed out that the intersection backed up twice a day, asking if the improvements were worth the cost. Haddix said Option 1 was best, especially with the potential risk down the road to be forced to signalize. If the Commissioners said no, that would be ok. Meeker said if Council said yes and the Commissioners said yes, the project would still have to be designed and put out for bid to see what it would cost. If the lowest proposal was $700,000, Council could say no at that time. Borkowski added that, with the SPLOST, the City would not have to go through the DOT process, making it easier to design and construct. Fleisch questioned why the City would ask for money for a project that did not give the City anything LOS-wise, when the roundabout was the obvious choice for better service. Haddix said the Commissioners made it clear they would not fund a roundabout, and the residents did not want one. Fleisch asked if they saw this report. Vrana said they did. Haddix said some of the Commissioners had extensive experience driving roundabouts and hated them. Leamard said saw no reason to improve the intersection at this time. If the TDI< bridge/extension came in, the City would have to re-evaluate a lot of things. ~ Sturbaum said the City did not have to move on this now. Haddix said the SPLOST money would be gone if the City did not put forth any effort at this time. Sturbaum said it should be considered at a later time. Imker said he was interested a right-turn lane onto Crosstown from Peachtree Parkway and a right-turn lane from Crosstown onto southbound Peachtree Parkway, suggesting a fourth option of adding only those two right turn lanes to assist with the back-up during the day. He added that the City told Fayette County they did not want to widen Crosstown, which was probably about $5 million. The Commissioners put that money toward the Fayetteville bypass. The City's citizens had contributed to the SPLOST funds. Imker said they could count on the fact that any money the City turned back for road projects would be put into the bypass. Borkowski said Imker's suggestion was a valid option, saying it was a question of how much congestion residents wanted to live with. Haddix asked how DOT would react to the fourth option. Borkowski said DOT would not care since it was not involved in the funding. Leamard and Sturbaum liked Imker's compromise. Sturbaum said ifhe had a choice, he would do nothing at this time. Imker asked if there was any time limitation on spending the money. Meeker said the time limit was on the appropriation, not on doing the project. "...., Imker said he was talking about the Towne Club and Glen Clarin corners of the intersection. The SPLOST money had to be spent in a certain time, or the funds would be redistributed back to the towns. Meeker said he was not aware of any time limitation. Meeker said the money had to be allocated to specific proj ects. Imker said the City had gotten nothing out of the 70% SPLOST pot. Haddix suggested leaving this project alone, which could possibly increase the chances of funding for the Gateway Bridge. City Council Meeting Minutes March 3, 2011 Page 16 Irnker moved to consider funding recommendations for the CrosstownlPeachtree Parkway intersection to include only the eastbound Crosstown right-turn lanes and the northbound Peachtree Parkway right turn lane. Learnard seconded. The motion failed 2 (Imker, Learnard)- 3. Sturbaum moved to not request any funding for the CrosstownlPeachtree Parkway intersection improvements. Fleisch seconded. The motion carried unanimously. There was a break from 9:39 p.m. to 9:45 p.m. 03-11-12 Discuss & Consider Funding Recommendations for SR 54 West Multi-use Bridge & Gateway Feature Borkowski noted the Gateway Bridge project was listed in the Atlanta Regional Commission's (ARC) TIP as the SR 54 West Bicycle and Pedestrian Bridge and Gateway. It would be located on the west side of the City on SR 54. The path and bridge would provide a more direct connection to the commercial and recreational areas on the south side of the highway and provide a "gateway" feature into the City. Borkowski said some path usage counts had been taken on Friday and Saturday, January 14-15, from 10:00 a.m. to 6:00 p.m. at the Huddleston tunnel to Best Buy, the bridge over the railroad, and the SR 54 intersections at MacDuff Parkway and Planterra Way. He noted that if the 1""" weather had been better the counts would have been higher. There were 1,376 homes and 399 apartments in the area, with 1,144 cart registrations. A total of 131 pedestrians, bicycles, and carts used the Huddleston Road tunnel; 20 pedestrians, bicycles, and carts crossed SR 54 at MacDuff Parkway; 250 pedestrians, bicycles, and carts used the CSX bridge, and only one pedestrian crossed SR 54 at Planterra Way. Borkowski added that there were additional 1,125 proposed lots in Wilksmoor Village. Borkowski continued that the cost estimate to complete the design and construction of the bridge was $1,681,762. There was $134,000 budgeted in the City SPLOST for design and permitting. There was no longer any grant money available. The balance needed to complete the project was $1,547,762. Imker said that, per Assistant Finance Director Janet Carnburn, there was $159,000 in unencumbered funds at the end of January in the SPLOST. Borkowski said his figures were prepared before he had those numbers, and interest had been earned. Haddix said the bridge would support an area of the City that felt isolated, and he supported moving forward with the project. Fleisch asked Borkowski if this project was part of House Bill 277. Borkowski said it was a regional project, and Vrana said it would be submitted, adding that it would be discussed at the Association of Fayette County Governments meeting on March 8. Haddix said submission did not mean it would be approved as a regional project. City Council Meeting Minutes March 3, 2011 Page 17 ,...., f Imker said if Council was going to move forward with the project, then they should ask for entire the $1,681,762. Haddix agreed, saying he would like to keep that $159,000 also. Imker said it could extend the funds left for paving. Learnard said that corridor was becoming more and more important to shopping in Fayette County. The bridge would be a line of demarcation and welcome to the City she would like to get. Sturbaum moved to approve the request for funding recommendations the SR 54 West multi-use bridge and Gateway feature in the amount of $1,681,762. Learnard seconded. The motion carried unanimously. 03-11-13 Consider Amendment to August 19, 2010, Regular Meeting Minutes Regarding Agenda Item 08-10-09 Consider Adoption of 2010 Millage Rate Imker noted this was a typographical error made in the minutes, and the millage should have been recorded as .076 rather than 0.76 as shown in the minutes. Leamard asked Meeker if it was reasonable to correct the August minutes at this time. Meeker said it was legal to make the correction at any point. Imker moved to correct the August 19, 2010, regular meeting minutes, regarding Agenda Item 08-10-09 Consider Adoption of 2010 Millage Rate, changing the mills for the Development Authority from 0.76 to .076. Learnard seconded. The motion carried unanimously. r"" 03-11-14 Consider Proposal- Sound & Light Production Contract at Amphitheater Amphitheater Manager Nancy Price addressed Council, noting that after staff evaluation, The Show Business was determined to be the recommended company and the pricing was within the budgeting range. Three responses had been received. Imker asked who let the contract, the City or Amphitheater. Vrana said the Amphitheater was part of the City. Imker asked where the funds came from to pay for the contract. Price said the company would be paid out of the Amphitheater enterprise fund. Sturbaum moved to approve The Show Business for the sound and light production contract at the Amphitheater. Fleisch seconded. The motion carried unanimously. 03-11-15 Consider Proposal- Fireworks Display Service Recreation Administrator Sherry McHugh said six proposals had been received, and after the evaluation and references, Liberty Pyrotechnic was recommended for its proposal of$22,895. Imker said he understood the Convention & Visitors Bureau (CVB) would fund the fireworks. Salvatore said the City let the contract because there were benefits associated with the City doing so. The CVB would write a check to the City to pay for the fireworks. Imker said he just wanted to clarify that hotel/motel tax paid for the fireworks. St\lrbaum moved to approve Liberty Pyrotechnic for the fireworks display for an amount not to exceed $22,895. Imker seconded. The motion carried unanimously. City Council Meeting Minutes March 3, 2011 Page 18 ~ 03-11-16 Consider Employment Agreement & Appoint City Manager Sturbaum moved to approve the employment agreement and appoint Jim Pennington as City Manager of Peachtree City. Fleisch seconded. The motion carried unanimously. Vrana said Pennington would start work on March 21. 03-11-17 Consider Moratorium - Sweepstakes Internet Cafes Haddix noted there was an additional item on the dais - the staff memo and resolution. Vrana said Fayetteville had.a business register with the city under the premise of a business center, and it turned out to be an internet cafe for electronic gaming and they were making cash payouts on site. The legislature was looking at legislation to regulate this type of business activity, and the moratorium would give the City time to see what the legislature would do and if any zoning categories would need to be changed. Sturbaum moved to approve the moratorium on sweepstakes/internet cafes for six months. Learnard seconded. The motion carried unanimously. 03-11-18 Consider Resolution Defining Role of Development Authority of Peachtree City Haddix noted there was an additional item on the dais - the staff memo and resolution. Vrana said the intent of the resolution was to provide clarification and direction for the Development Authority of Peachtree City (DAPC) and staff on what its focus would ~e. Learnard said the addition of the EDC was a huge step in the right direction, and they all agreed on that. The City was headed in the right direction by hiring someone with a master's degree, who was well-versed in the realities of the City's business retention and recruitment after two months on the job. Some of the EDC's work would duplicate the efforts of the DAPC members. A dedicated staff member could spend 50 hours a week on the effort, while a DAPC member might be able to spend seven hours a week. The City had someone uniquely qualified to do what he was hired to do. The City did not need two agendas and two budgets. The resolution documented that the DAPC was for the purposes listed in state law - financing, responsibilities a staff member could not have regarding acquisition of land, construction, leasing, and sale of land. She said the City owed the DAPC members a debt of gratitude for their hard work. It was not a negative reflection. It was time to strengthen the City's efforts and move forward. Haddix asked what the purpose of the resolution was as state law defined the duties of development authorities. Fleisch said Council had been asked for direction, and now the DAPC would know where it stood. The resolution formalized it. The EDC had also realized the duplication. It was fair to do this before budgeting season began. Sturbaum said he understood there were some things the Fayette County Development Authority (FCDA) could do that the DAPC could not. State law clearly defined what a development authority could do. The EDC was aware of the projects the DAPC was working on. He saw no need to pass a resolution. City Council Meeting Minutes March 3, 2011 Page 19 ,-.." Haddix said the resolution did not define anything new. He still supported the combination of the EDC working with the DAPC, and the EDC could accomplish more as the director of the DAPC. The City would still have control. It could contract the EDC to the DAPC, and it would always be Council's choice to retain the EDC. Now, everything would be dumped on the EDC. The volunteers could work with him. If the EDC worked for the DAPC, he would be able to proactively recruit jobs. The FCDA did not proactively recruit jobs. Learnard disagreed. Haddix said the County Commissioners agreed with that fact. Fleisch and Haddix disagreed on whether the DAPC helped bring Sany to the City. Todd Strickland, DAPC chair, addressed Council, saying things were headed in an encouraging direction. Hiring the EDC was a great success. The DAPC members were here to help the City. There was a lot of dust to settle on who was doing what in an area where there was much to be done. The issue was to look forward and do things together, and to have the DAPC available to assist the EDC. The DAPC needed funds to cover its overhead in the next fiscal year, including the annual audit and insurance. David Conner, a member of the DAPC, said the board looked forward to moving ahead and complementing what the EDC could do. He had not heard any concrete ideas on how that could be done. Haddix said everyone on Council wanted to succeed in economic development, and they needed to preserve everyone working together. None of the players should be dismissed. He wanted to maximize the EDC. Conner asked if there would be any possible funding for the ,,-, DAPC. Learnard said the following clause pared down the DAPC's responsibilities to the minimum required by law: NOW, THEREFORE, BE IT RESOLVED that it is the intent of the Mayor and Council afthe City of Peachtree City to convey priority to the DAPC for those powers set forth in 0. C. a.A. s 36-62- 1 et seq. for which the City has no authority, direct or concurrent, to exercise. Learnard continued that the EDC would move forward with business recruiting and retention, which put DAPC in setback mode, holding meetings only as legally required. Vrana said the DAPC would need to meet to approve any bills when needed. The enabling legislation required an annual meeting. ,..... Learnard said, per the intergovernmental agreement between the City and DAPC, there was a need for certain staff resources as they were available. City staff was able to assist with announcing meetings, but was not able to provide a recording secretary. She suggested a DAPC member take attendance and record votes, which was the minimum required. The bank balance, which was approximately $10,000 at the end of February, should cover any outstanding items for the balance of the fiscal year. Conner said that, financially, the DAPC had been operating in a hibernation mode. He asked Camburn to discuss the finances. . ~, Camburn said the information provided to Learnard was based on the January financial statement. The February statement was being prepared. She said the next regular meeting was City Council Meeting Minutes March 3, 2011 Page 20 ,..... scheduled on March 7. She expected the current funds to last through May. She was working on lowering the DAPC's insurance costs (approximately $3,500), which could prolong the funds. The administrative assistant had also resigned, leaving another $1,000 to help with the finances. Conner said the bulk of the next meeting would deal with finances. If the DAPC could not get through until May, they might have to come back and ask for more money. Cambum said the money could be stretched with lower insurance costs and the money from the administrative assistant position. She could not project how long it would last. Strickland said the members were incurring costs on behalf of the City, worried Council would bankrupt the DAPC. Council was sending a mixed message regarding economic development. Leamard said that the DAPC would be in setback mode, per the resolution, until it was needed. Strickland clarified the DAPC would not be an active group. Fleisch suggested the board meetings could be held bi-annually. ~ Camburn briefly noted the DAPC's upcoming annual bills included $2,500 for the audit and insurance to be paid in April ($3,500). Even if the amount was reduced, the insurance would still be due in April. City services were paid quarterly. She added that two City employees had cleaned out the DAPC's storage unit on overtime status, and the DAPC would be billed for that. Two boxes were brought to City Hall and stored in the vault, so there would no longer be a cost for the storage unit. There would also be a shredding cost for the files in the storage unit that could be destroyed. She added two members' signatures were required on the DAPC checks. Fleisch asked if the DAPC would continue to need insurance. Meeker said he recommended directors' insurance for the board. Leamard moved to approve the resolution defining the role of the DAPC as discussed. Fleisch seconded. The motion carried 3-2 (Haddix, Sturbaum). CounciJ/Staff Topics Hot Topics Vrana said staff was waiting on the final cost estimate from ISE on the MacDuff tunnel so it could be brought to Council as an agenda item for a decision on the easement procurement. The Lake McIntosh burn would be held in two to three weeks depending on the weather. They needed to clean out and pile up debris for the burn, which could last for several weeks. The phone number for the Fayette County Water System would be published in the Updates. Imker asked why it would take so long. Vrana said she did not know, but she would ask the question. The completion date for the last phase of the SR 74 South was still on target for completion in December 2011, depending on the weather. ,..... Vrana said the cleaning had started on the Centennial detention ponds. They had to wait until summer for everything to dry out to get the equipment in to remove the silt. Public Services Director Mark Caspar said a lot ofthe vegetation was gone, and there was an underground drain City Council Meeting Minutes March 3, 2011 Page 21 ~ !~ system that also had to be cleaned. They would have to wait until the summer for it to dry out to do that work. Vrana noted that Price, Rast, and Kim Trawick from CVB had worked with the Georgia Planners to get their conference in the City on April 12-13. Caspar addressed a problem with beavers in Lake Peachtree, saying there had been a number of calls. Their dams had caused flooding. They had been doing a selective elimination of the beavers over the last few years, but they needed to get rid of the mom and pop beavers who were in the lake. They would have to place traps in the shallow waterline, so there would be a short- term closure on animals (pets) swimming in the lake, specifically in the area around Drake Field. There would be a public notice, and a tree save fence would be up for a week or so in the heavily used park. Haddix said he had attended the Sany opening ceremony and Jack Tang had pledged to allow the City to use their equipment in any emergency. Caspar said they were very appreciative of the offer, and they would be working on an agreement that would protect both parties. They would also look at any necessary training. - Sturbaum moved to continue the meeting past 11 :00 p.m. hnker seconded. The motion carried unanimously. Sturbaum moved to reconvene in executive session for pending or threatened litigation, and personnel at 10:49 p.m. Leamard seconded. The motion carried unanimously. Sturbaum moved to reconvene in regular session at 11:11 p.m. Leamard seconded. The motion carried unanimously. There being no further business to discuss, Sturbaum moved to adjourn. Leamard seconded. The motion carried unanimously. The meeting adjourned 10:50 p.m. ,.....,