Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Special Called Session Tuesday, August 29, 2023 6:00 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in a special called session. Present: Mayor Girtz; Commissioners Davenport, Link,,Taylor, Fisher, Houle, Culpepper, Myers,Thornton, and Hamby. Absent: Commissioner Wright. Commissioner Culpepper arrived at 6:06 p.m. The purpose of the meeting was to consider a resolution to approve the maintenance plan for the Georgia Square Mall Redevelopment Project; a resolution to approve the first amendment to the community benefits agreement for the Georgia Square Mall Redevelopment Project and any other item in proper order. Public input There was none. New business – Consider under suspension of Rules A motion was made by Commissioner Fisher, seconded by Commissioner Houle, to suspend Rules of Commission for consideration of two items of new business. The motion passed by unanimous vote. A motion was made by Commissioner Houle, seconded by Commissioner Link, to adopt the following resolution. The motion passed by unanimous vote. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA TO APPROVE THE MAINTENANCE PLAN FOR THE GEORGIA SQUARE MALL REDEVELOPMENT PROJECT; AND FOR OTHER PURPOSES. WHEREAS, the Leaven Group, LLC (“Leaven”) and the Unified Government of Athens-Clarke County, Georgia (“ACCGov”) have entered into a Community Benefits Agreement dated March 7, 2023, that provides that Leaven proposes to build or cause to be built a mixed-use development (the “Project”) on approximately 74.8 acres (“the Property”); WHEREAS, Leaven acquired the Property through multiple deed transactions dated April 6, 2023, and recorded on April 7, 2023 in the real property records of the Clerk of the Superior Court of Athens-Clarke County, Georgia; and WHEREAS, the Project includes the adaptive reuse and redevelopment of the existing Georgia Square Mall which is located on the Property at 3700 Atlanta Highway, Athens, Georgia; and WHEREAS, Section 4 of Schedule P of the Community Benefits Agreement requires the Leaven to provide the following public infrastructure: (a.) Bike and Pedestrian Facilities and Paths: 12 ft wide multi-use path around the property and also connecting to neighboring parcels. A total of 7,818 linear feet of paths will be constructed. Bike storage and repair facilities will be included. (b.) Parks and Greenspace: There will be a 19.57-acre reduction of impervious surfaces. (c.) Intersection Improvements: 3 traffic circles, pedestrian crosswalks, urban street grid/intersections. (d.) Stormwater Remediation and Facilities: Storm facilities to bring the current site to code and which will help alleviate some downstream flooding and water quality issues. Detention facilities are designed to be aesthetically pleasing and incorporated into the common areas. (e.) Common Areas and Public Spaces: Central gathering courtyard and enhanced pedestrian experiences at retail storefronts. (f.) Paving and curb/gutter for the new street grid and road layout. (g.) Landscape/Sitework/Utility: Installation of 1,024 trees that are 2" caliper or greater. (h.) Reforestation of 24,500 sf of green space. Utility services and network brought up to current requirements. WHEREAS, Subsection 9 of Section 4 of Schedule P of the Community Benefits Agreement requires the Leaven to convey to the public without cost, by means of licenses and/or public easements in favor of ACCGov, an interest in all of the Project’s horizontal improvements, as described in Section C. above, such as roads, stormwater system, traffic circles, park/greenspace and a multi-use trail (such interest, the “Publicly Dedicated Property) and requires the Leaven to assume and pay all costs of operating and maintaining such horizontal improvements; and WHEREAS, Section 7 of Schedule P of the Community Benefits Agreement requires the Leaven to develop and record in the real property records for the Clerk of Superior Court of Athens-Clarke County a Maintenance Plan for all Publicly Dedicated Property that has been reviewed and approved by ACCGov and requires the Maintenance Plan to contain certain specified provisions; and WHEREAS, to comply with the terms of the Community Benefits Agreement, the Commission of Athens-Clarke County (the “Commission”) desires to approve the Maintenance Plan, attached hereto as Exhibit “A” and incorporated herein by reference, for the purpose of describing the specific maintenance practices to be performed for all of the Project’s Publicly Dedicated Property; NOW, THEREFORE, BE IT RESOLVED by the Commission and it is hereby so resolved by the authority of the same that the Maintenance Plan for the Georgia Square Mall Redevelopment Project is approved, in substantially the same form as attached hereto as Exhibit “A”; BE IT FURTHER RESOLVED that the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision. BE IT FURTHER RESOLVED that in the event scrivener’s errors shall be discovered in this Resolution or in the Exhibits hereto after the adoption hereof, the Commission hereby authorizes and directs that each such scrivener’s error shall be corrected in all multiple counterparts of this Resolution. BE IT FURTHER RESOLVED the Commission grants the Mayor, the Manager, and the County Attorney the authority to take any and all further actions necessary to carry out the intents and purposes of this Resolution. BE IT FURTHER RESOLVED this Resolution shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. A motion was made by Commissioner Houle, seconded by Commissioner Link, to adopt the following resolution. The motion passed by unanimous vote A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA TO APPROVE THE FIRST AMENDMENT TO THE COMMUNITY BENEFITS AGREEMENT FOR THE GEORGIA SQUARE MALL REDEVELOPMENT PROJECT FOR THE PURPOSE OF EXTENDING THE EFFECTIVE DATE FROM AUGUST 31, 2023, TO DECEMBER 31, 2023; AND FOR OTHER PURPOSES. WHEREAS, the Leaven Group LLC (“Leaven”) and the Unified Government of Athens-Clarke County, Georgia (“ACCGov”) have entered into a Community Benefits Agreement dated March 7, 2023, that provides that Leaven proposes to build or cause to be built a mixed-use development (the “Project”) on approximately 74.8 acres (“the Property”); and WHEREAS, the Project includes the adaptive reuse and redevelopment of the existing Georgia Square Mall which is located on the Property at 3700 Atlanta Highway, Athens, Georgia; and WHEREAS, Leaven has acquired title to the Property through multiple deed transactions dated April 6, 2023, and recorded on April 7, 2023 in the real property records of the Clerk of the Superior Court of Athens-Clarke County, Georgia; and WHEREAS, Section 6.6 of the Community Benefits Agreement includes the development by ACCGov of a “Transit Station Redevelopment Project” for the public benefit which is defined to include a multi-modal station with onsite parking for ACCGov bus service or an ACCGov administrative or public safety office (the “Transit Station Redevelopment Project”); and WHEREAS, Sections 8.1 of the Community Benefits Agreement currently defines the effective date of the Community Benefits Agreement as being no later than August 31, 2023 (the “Effective Date”); and  WHEREAS, as a condition to the Effective Date of the Community Benefits Agreement, Section 6.6 of the Community Benefits Agreement requires Leaven to convey to ACCGov by means of a Ground Lease good, marketable and insurable title to a leasehold estate in approximately 2.523 acres of land (the “Transit Station Property”) designated for the Transit Station Redevelopment Project; and WHEREAS, to enable the satisfaction of the foregoing condition, Leaven has advised ACCGov that it needs additional time beyond the current Effective Date of August 31, 2023, to remove a title exception related to ACCGov’s future leasehold estate in the Transit Station Property arising from Leaven’s lease with Gallant-Belk Company (“Belk”) under which Belk is currently afforded rights to shared rights of way, driveways, and parking areas; and WHEREAS, Leaven has advised ACCGov that Belk’s rights to shared rights of way, driveways, and parking areas currently includes the Transit Station Property; and WHEREAS, Leaven Group in the process of revising its lease Agreement with Belk to remove the Transit Station Property from its lease agreement with Belk which will result in the removal of the title exception; and WHEREAS, to allow Leaven additional time to revise its lease agreement with Belk, the Commission of Athens-Clarke County (the “Commission”) desires to enter into the First Amendment to the Community Benefits Agreement with Leaven for the purpose of extending the Effective Date from August 31, 2023, to December 31, 2023, in the form attached hereto as Exhibit “A” and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED by the Commission and it is hereby so resolved by the authority of the same that the First Amendment to the Community Benefits Agreement with Leaven is approved for the purpose of extending the Effective Date from August 31, 2023, to December 31, 2023, in substantially the same form as attached hereto as Exhibit “A”; BE IT FURTHER RESOLVED that the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision. BE IT FURTHER RESOLVED that in the event scrivener’s errors shall be discovered in this Resolution or in the Exhibits hereto after the adoption hereof, the Commission hereby authorizes and directs that each such scrivener’s error shall be corrected in all multiple counterparts of this Resolution. BE IT FURTHER RESOLVED the Commission grants the Mayor, the Manager, and the County Attorney the authority to take any and all further actions necessary to carry out the intents and purposes of this Resolution. BE IT FURTHER RESOLVED this Resolution shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. A motion was made by Commissioner Thornton, seconded by Commissioner Fisher, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 6:20 p.m. _______________________________________ Clerk of Commission