MEMORANDUM

To: Mayor and Board of City Commissioners

From: Sonja Tolbert, City Clerk

Subject: Agenda Packet

The Board of Commissioners of the City of Albany, Georgia, will be meeting in Room 100 of the Government Center Building, 222 Pine Avenue, Albany, Georgia as follows:

TUESDAY, JULY 23, 2024

5:00 PM SPECIAL CALLED MEETING

6:00 PM REGULAR MEETING (Time Approximate, immediately following Special Called Meeting)

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8- 9

10 - 11

2. Purchases

1. Lift Station 1 Rehabilitation
   Popco Inc. of Sylvester, Ga - Total exp. $1,189,680

2. Vacant Lots Mowing
   LRL, Albany, GA; Total exp.$41,800.00

3. Microbusiness Center Waterproofing

   Waterproofing Contractors Inc., Norcross, GA – Total exp. $108,960.00

4. Billing Software Maintenance
   Tyler Technologies, Dallas, TX - Total exp. $305,897.27

8. AGENDA ADOPTION

9. ORDINANCE(S)

   Note: The motion for approval of an ordinance is as follows: "I offer the ordinance and ask for unanimous consent to dispense with the second reading and ask for its adoption."

   1. Take Out Alcohol re: Restaurants

      Amending Section 6-13(b) and (c) of Chapter 6 Alcohol Beverages so as to provide for Take Out Alcohol Restaurants: imposing conditions for open containers

   2. 24-029 Rezoning 2325 Gillionville Rd.

      Amending the Zoning Ordinance and Map of the City of Albany so as to change the status of the property located at 2325 Gillionville Rd. from C-2 (General Mixed-Use Business District) to C-3 (Commercial District)

   3. 24-036 Rezoning 1706, 1708, and 1710 N Slappey Blvd

      Amending the Zoning Ordinance and map of the city of Albany so as to change the status of the properties located at 1706, 1708 & 1710 N. Slappey from C-2 (General Mixed-Use Business District) to C-2c (General Business District) Conditional

12 - 12

13 - 13

14 - 14

15 - 15

2

16 - 18

19 - 22

23 - 26

J.

4. 24-013 Rezoning 1010 11th Ave.

27 - 30

Amending the Zoning Ordinance and Map of the City of Albany so as to change the status of the property located at 1010 11th Ave. from C-R (Community Residential Multiple Dwelling District) to C-2 (General Business District) Conditional

5. 24-034 Rezoning 420 South Mock Rd.

   Amending the Zoning Ordinance and map of the city of Albany so as to change the status of the properties located at 320 South Mock Rd. from C- R (Community Residential Multiple-Dwelling District) to M-1 (Restricted Industrial District) Conditional

6. 24-035 Rezoning 416 South Mock Rd.

   Amending the Zoning Ordinance and map of the city of Albany so as to change the status of the properties located at 416 South Mock Rd. from C- 7 (Mixed-Use Planned Development District) to M-1 (Restricted Industrial District) Conditional

GENERAL BUSINESS ITEMS
1. Special Approval (Zoning Matters)

1. 24-032 Special Approval 420 S. Mock Rd.
   Recommendation to approve special request to allow for the

   development of a solar farm. Conditional

2. 24-033 Special Approval 416 South Mock Rd.

   Recommendation to approve special approval request to allow for a solar farm. Conditional

3. 24-030 Special Approval 2601 Dawson Rd.

   Recommendation to approve special approval request to allow for a dual-brand hotel.

4. 24-031 Special Approval 1701 Stuart Ave.

   Recommendation to approve special approval request to operate a residential assisted living facility.

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34 - 36

37 - 38

39 - 40

41 - 42

43 - 44

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2. Alcohol License Application a. Billows Cigar Haven

1706 Gillionville Rd. T. Burton/Agent; Liquor, Beer, and Wine Consumption

3. Other Matters

1. Reimbursement re: 4C Academy Architect Fees

   Recommendation to reimburse architectural services provided by Maschke Assn. in the amount of $58,000 for work completed at 115 and 121 N. Front St.

2. Henderson Park Design
   Recommendation to approve 65% design (option 1).

RESOLUTION(S)

Note: The motion for approval of a resolution is as follows: "I offer the resolution and ask for its adoption."

1. 1310 N. Jefferson Street Purchase

   Approving the purchase of the 1310 North Jefferson Street and 302 through 310 Seventh Ave; authorizing the City Manager to sign closing statement

2. New National Opioid Settlement
   Authorizing City of Albany to join in new Opioid Settlement with Kroger

3. (Conditional) Humane Society contract

   Authorizing execution of a Memorandum of Agreement for housing abandoned and delinquent animals with the Albany Humane Society, Inc. for FY 2024-25

OTHER MATTERS

1. City Manager Vacancy

Vote to approve and release the names of the top two candidates for City Manager

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46 - 46

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K.

L.

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50 - 51

52 - 53

54 - 54

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13. MEMBER COMMENTS/ITEMS FOR FUTURE AGENDA

14. ADJOURNMENT

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A RESOLUTION
ENTITLED
A RESOLUTION REQUESTING THE ALBANY-DOUGHERTY VOTER REGISTRATION AND ELECTION BOARD TO ISSUE THE CALL AND CONDUCT AN ELECTION ON THE QUESTION FOR APPROVAL OF SUNDAY PACKAGE SALES BY RETAILERS OF MALT BEVERAGES, WINE AND

DISTILLED SPIRITS ON SUNDAYs BETWEEN THE HOURS OF 12:30 P.M. AND 11:30 P.M. TO COINCIDE WITH DOUGHERTY COUNTY, REPEALING PRIOR RESOLUTIONS IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, the General Assembly has recently authorized approval by referendum of Sunday package sales of malt beverages, wine and distilled spirits; and

WHEREAS, this issue should be submitted to the citizens of Albany, Georgia,

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Albany, Georgia and it is hereby resolved by authority of same:

SECTION 1. The Honorable Mayor and Board of Commissioners of the City of Albany requests the Albany-Dougherty Voter Registration and Election Board to call for an election on the Tuesday after the first Monday in November 2024, on the question of approval of Sunday package sales by retailers of malt beverages, wine and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. to coincide with Dougherty County.

SECTION 2. All resolutions, or parts of resolutions, in conflict herewith are repealed.

ATTEST:

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A RESOLUTION
ENTITLED
A RESOLUTION APPROVING AND AUTHORIZING AIRPORT CARGO RAMP EXPANSION FOR THE SOUTHWEST GEORGIA REGIONAL AIRPORT; REPEALING PRIOR RESOLUTIONS IN CONFLICT AND FOR OTHER

PURPOSES.

WHEREAS, City Staff seeks to contract with Summers Concrete Contracting, Inc. to complete cargo ramp expansion for further development at the Southwest Georgia Regional Airport (“Project”); and

WHEREAS, it is in the best interests of the citizens of the City of Albany, Georgia, to contract with Summers Concrete Contracting, Inc. for the Project using state and federal grant funds funded at 95%, with a local match of 5%,

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the City of Albany, Georgia and it is hereby resolved by authority of same:

SECTION 1. This Commission does hereby authorize the Mayor, and or his designee, to enter into contract with Summers Concrete Contracting, Inc. for the Project.

SECTION 2. The Chief Financial Officer is authorized to use state and federal grant funds and local match for the Project with authorized expenditures not to exceed $4,183,120.90.

SECTION 3. All resolutions, or parts of resolutions, in conflict herewith are repealed.

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__________________________________ MAYOR

CITY OF ALBANY

BOARD OF CITY COMMISSION

Statement of Issue:

AGENDA ITEM

June 11, 2024

July 23, 2024

Airport Cargo Ramp Expansion

Decision: ☒ Information: ☐

David Hamilton, Transportation Director Ricky Gladney, Finance

History/ Facts and Issues:

Bid Ref. #23-054 was advertised in the Albany Herald, on the access channel, on our website, and posted to the Georgia Procurement Registry. Seventeen potential vendors were directly solicited, nine of which are known to be minority and disadvantaged businesses. Nine firms attended the pre-bid conference, of which three submitted bids. This project will include expanding the Southwest Georgia Regional Airport cargo ramp apron. The cargo ramp expansion will help expand UPS operations at the airport and continue growth for the City of Albany. The Cargo Ramp Expansion project includes an approximate 12,000 SY expansion of the existing cargo ramp to better meet airport operational needs. The project generally consists of erosion control, pavement removal, Portland Cement Concrete (PCC) paving, grading and drainage improvements, marking, and apron edge lighting, including a proposed light pole.

Options/Pro and Cons:
PRO: UPS cargo operations at the SWGA Regional Airport are the second largest in the state and 94th nationwide. Expanding the cargo ramp will allow UPS to continue to expand its operations and influence economic growth in our area.

CON: There is a local match required in the amount of $209,156.05. Recommended Action:

Adopt authorizing resolution.

Fiscal Impact/Funding Source:

Federal Funding (90%) = $3,764, 808.80
State Funding (5%) = $209,156.05
Local Funding (5%) = $209,156.05
*The local share is eligible for reimbursement through the Passenger Facility Charge (PFC) program.

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A RESOLUTION ENTITLED

A RESOLUTION AUTHORIZING SUBMISSION OF LOAN APPLICATION TO THE GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (GEFA) FOR THE CITY’S CSS PROJECT; SHOULD THE GRANT BE AWARDED TO CITY, SUCH GRANT IS ACCEPTED; REPEALING PRIOR RESOLUTIONS IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, the Georgia Environmental Finance Authority (“GEFA”) offers low-interest financing for water, wastewater, reservoir and water supply, stormwater and solid waste infrastructure; and

WHEREAS, the City of Albany desires to apply for an additional $12 Million in GEFA loan funds to complete the City’s CSS Projects, specifically the Wastewater Treatment Plant projects; and

WHEREAS, it is in the best interest of the City of Albany to submit an appropriate application,

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the City of Albany, Georgia and it is hereby resolved by authority of same:

SECTION 1. The City of Albany does hereby authorize submission of application to GEFA for additional loan funds to complete the CSS Projects.

SECTION 2. The Mayor, and/or his designee, are authorized to sign any and all documents necessary to effectuate submission of the application.

SECTION 3. An award of the loan is hereby formally ACCEPTED.
SECTION 4. All resolutions, or parts of resolutions, in conflict herewith are repealed.

_____________________________________ MAYOR

CITY OF ALBANY

BOARD OF CITY COMMISSION

Statement of Issue:

AGENDA ITEM

July 11, 2024

July 23, 2024

GEFA Loan re: CSS Projects

Decision: ☒ Information: ☐

Jeff Hughes, Sewer Projects Engineer Scott Tennison, Sales Tax Project Manager

History/ Facts and Issues:

The Treatment plant projects were bid out three times before any bids were received. On the third try, one bid was received for Project 1 (CSS) and one bid for Project 2 (Dewatering Building). The bids received were significantly higher than the original budget and estimates. Project 1 was awarded based on available funding. Staff recommends applying for a $12 Million GEFA loan to secure sufficient funding for Projects 2 and 3. Project 2 will replace the existing DAFT system which has experienced significant failures in the last several weeks. Project 3 will provide rehab of several other process facilities.

The Utility Board approved this item on July 11, 2024.

Recommended Action:

Approval.

Fiscal Impact/Funding Source:

Repayment from Sewer Fund

CITY OF ALBANY

BOARD OF CITY COMMISSION

Statement of Issue:

AGENDA ITEM

July 11, 2024
July 23, 2024
Lift Station 1 Rehabilitation Decision: ☒

Information: ☐

Jeff Hughes, Sewer Projects Engineer Scott Tennison, Sales Tax Project Manager Ricky Gladney, Buyer

History/ Facts and Issues:

Bid Ref. #24-060 was advertised in the Albany Herald, on the access channel, on our website, and posted to the Georgia Procurement Registry. Thirty-one potential vendors were directly solicited, three of which are known to be minority and disadvantaged businesses. Five firms attended the pre-bid conference, of which two submitted bids.

LS 1 is a sanitary sewer lift station located at 13th Ave and Hoover Street west of Slappey Blvd. The station was originally built in the early 1960’s. Rehab work will include replacing all interior piping, replacing existing 25-year-old pumps (2), adding a third pump, rehabbing and coating existing wet well concrete, and bypass pumping required to accomplish the work as well as electrical upgrades and door replacement.

The Utility Board approved this item on July 11, 2024.

Pros:

•   Rehab work will extend life of existing structure and increase capacity and

  reliability.

  Cons:

•   Cost is $1,189,680. Recommended Action:

  Approval

  Fiscal Impact/Funding Source:

  Sewer Fund

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CITY OF ALBANY

BOARD OF CITY COMMISSION

Statement of Issue:

AGENDA ITEM

June 21, 2024

July 23, 2024

Vacant Lots Mowing

Decision: ☒

Information: ☐

Don Gray, Facilities Management

Takeshia Martin, Finance

LRL, Albany, GA; Total exp.$41,800.00

History/ Facts and Issues:

Bid Ref. #24-059 was advertised in the Albany Herald, on the access channel, on the city website, and posted to Georgia Procurement Registry. The bid was directly solicited to twenty-nine potential vendors of which seven attended the pre-bid conference and four firms submitted a bid. 15 minority and disadvantaged businesses were directly solicited with only one response and, LRL is a minority and disadvantaged business.

The scope of work involves the mowing and lawncare maintenance of 403 vacant lots.

This contract is to be a one-year contract with two options to renew for additional one- year terms per O.C.G.A § 36-60-13 for multi-year purchases.

Options/Pro and Cons:

Pros: This will ensure the properties are maintained consistently. Cons: The expenditure for this project totals $41,800.00.

Recommended Action:

Approval

Fiscal Impact/Funding Source:

Account number: 6112.7510 Requisition#: 29505

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CITY OF ALBANY

BOARD OF CITY COMMISSION

DATE:
MEETING DATE: SUBJECT: PRESENTED FOR: PRESENTER(S):

Statement of Issue:

AGENDA ITEM

June 11, 2024
July 23, 2024
Microbusiness Center Waterproofing Decision: ☒ Information: ☐

Don Gray, Facilities Management Director Barbara Francis, Economic Development Manager Ricky Gladney, Finance

Waterproofing Contractors Inc., Norcross, GA – Total exp. $108,960.00

History/ Facts and Issues:

Bid Ref. #24-056 was advertised in the Albany Herald, on the access channel, on the city’s website, and on the Georgia Procurement Registry. Sixteen potential vendors were directly solicited, nine of which are known to be minority and disadvantaged businesses. Eight vendors attended the pre-bid conference, and seven firms submitted bids. The project includes all exterior windows being re-caulked, removing all existing joint sealant/caulking and foam backer rod, and installing new. Brick and masonry façade is to be inspected and all failed, cracked, or deteriorated brick and masonry is to be repaired, replaced, or re-set. Brick façade is to be cleaned and sealed with a clear silane based waterproof sealer.

Options/Pro and Cons:

Pros

1. This work will preserve the integrity of 230 S. Jackson St. by ensuring the building is

   protected from water intrusion.

2. The bid price quoted to the City for this work is under the budget estimate.

Cons
1. The budget expenditure of $108,960.00.

Recommended Action:

Approval

Fiscal Impact/Funding Source:

Requisition #29046 OR Account #26.7860.7603 Funding Source: R3M

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CITY OF ALBANY

BOARD OF CITY COMMISSION

DATE:
MEETING DATE: SUBJECT PRESENTED FOR: PRESENTER(S):

Joshua Williams, Finance Tyler Technologies, Dallas, TX; Total exp. $305,897.27

History/ Facts and Issues:

Statement of Issue:

AGENDA ITEM

July 11, 2024
July 23, 2024
Billing Software Maintenance Agreement

Decision: ☒
John Dawson, TAC

Information: ☐

This purchase is for ongoing maintenance for an annual amount of $305,897.27. This purchase covers licensing, cloud hosting, and technical support. This contract is invoiced quarterly and covers the following application services: Accounts Receivable, Forms Processing, Citizen Self Service, Content Manager, Meter Reading Interface, Billing CIS, Property File, General Ledger, Cashiering, and Interactive Voice Response Gateway. This is an annual budgeted expense.

The Utility Board approved this item on July 11, 2024.

Pros:

•   Continuing the contract will allow for continued customer billing. This system

  is vital for integration with the customer portal and AMI system. Cons:

•   The City will continue to incur this cost as an operating expense.

•   Staying with a single vendor for a long period of time can lead to vendor lock-in.

  Recommended Action:

  Approval

  Fiscal Impact/Funding Source:

  Requisition Number: Req. #29848 1800.7880/Maintenance

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AN ORDINANCE
ENTITLED
AN ORDINANCE AMENDING SECTION 6-13(b) and (c) OF CHAPTER 6 ALCOHOLIC BEVERAGES SO AS TO PROVIDE FOR TAKE OUT ALCOHOL RESTAURANTS; IMPOSING CONDITIONS FOR OPEN CONTAINERS; REPEALING PRIOR ORDINANCES IN CONFLICT AND

FOR OTHER PURPOSES.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1. Sec. 6-13(b) and (c) of Article I of Chapter 6 of the Code of Ordinances of the City of Albany is hereby amended to read as follows:

Sec. 6-13. Open containers.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the following meaning, except where the context clearly indicates a different meaning:

Open container means any container which is immediately capable of being consumed from, or the seal of which has been broken.

Semi-public parking facility means any privately owned area wherein motor vehicles may be parked by the public in conjunction with any business, enterprise, commercial establishment, office building, church, school, or multifamily residential building.

(b) Policy. The following shall be the policies for open containers:

(1) It shall be unlawful for any person to have in such person's possession any alcoholic beverages in an open container while on the public streets, sidewalks or rights-of-way, or in any public or semi-public parking facility within the City of Albany, Georgia.

(2) It is unlawful and punishable, as provided in this section, for any person to possess an open container of an alcoholic beverage while operating a vehicle on the public streets, rights-of-way or other public property in the city or while a passenger in or on a vehicle being operated on the public streets, rights-of-way or other public property in the city.

(3) It is permitted for an open container or package to be located in the trunk of the motor vehicle or kept in a locked glove compartment or in some other area of the vehicle not normally occupied by the driver or passengers; a container or package shall be deemed open when

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the original seal is broken, and any receptacle with an open top or with a straw shall be classified as an open container or package.

(c) Exceptions. The prohibition announced in subsection (b) of this section shall not apply to:

1. (1)  Any events to which permission for outdoor consumption of an alcoholic beverage license has been granted by the board of city commissioners.

2. (2)  Any property owned by the board of regents of the state.

3. (3)  Patrons of a sidewalk cafe as defined in the applicable zoning ordinance, if such establishment is otherwise licensed to sell alcoholic beverages.

4. (4)  Nothing herein shall be construed to prevent the sale of mixed drinks by an on-premises licensee in an approved container for carryout in compliance with the requirements of O.C.G.A. § 3-3-11

(d) Notice requirements. All licensed alcoholic beverage establishments are hereby requested to post, in a conspicuous location inside such establishment, a notice informing patrons that open containers are prohibited on the public streets, sidewalks, rights-of-way, or in any public or semi-public parking facility within the City of Albany, Georgia.

(e) Violation. Violation of the provisions of this section by any person shall constitute an offense punishable as provided in sections 1-17 and 1-18.

SECTION3. City Code Sec. 6-13 shall become effective upon adoption of this Ordinance.

ATTEST:

___________________________ CITY CLERK

Adopted:

MAYOR

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CITY OF ALBANY

BOARD OF CITY COMMISSION

DATE:
MEETING DATE: SUBJECT: PRESENTED FOR: PRESENTER(S):

Statement of Issue:

AGENDA ITEM

June 27, 2024
July 23, 2024
Take Out Alcohol Restaurants
Decision: ☒ Information: ☐ Michael Custer, City Attorney

Amending the Open Container Ordinance to reflect the changes to Take Out Alcohol (O.C.G.A. § 3-3-11) and to include language regarding open containers in motor vehicles

History/ Facts and Issues:

In 2022, the General Assembly approved O.C.G.A. § 3-3-11 to allow for on-premise establishments with valid consumption alcohol permits to sell mixed drinks with take-out orders, as long as certain requirements were met. These requirements include purchase of an entrée, mixed drinks are limited to 2 per order, the purchaser must be over 21 and be present at the time of purchase and the mixed drinks must be in approved containers.

Options/Pro and Cons:

Pros:
1. City Ordinance will comply with the state statute
2. Businesses in Albany will be allowed to increase their income through additional sales

Recommended Action:

Adopt Ordinance Amendment