City Council - 12 March 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT:
Mayor Lasseter, Councilmembers Kirouac, Bomar, Mundrick, Dugan, Hall
City Administrator, Department Directors, City Attorney

ABSENT:
City Clerk Teresa S. Lynn (National League of Cities)

A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss and ask questions of department directors regarding this evening’s agenda items.

OTHER ITEMS DISCUSSED:

Authorization was given for Staff to purchase a table at the Duluth Merchants Fundraiser to benefit our Living Memorial. The event will be held on April 19, 2007.

Board appointments were discussed and it was agreed to authorize the City Attorney to draft an amendment to the Parks & Recreation ordinance to add an alternate position, to be considered at the March 26th Council meeting.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

7:05 P.M. - CALL TO ORDER:   Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:            Councilmember Dugan
WELCOME RESIDENTS:            Chattahoochee Cove/Riverbrooke

1. CERMONIAL MATTERS
   1. RECOGNITION – DULUTH HIGH SCHOOL CHEERLEADERS
      The Mayor and Council recognized the Duluth High School Varsity Competition Cheerleading Squad, C.L.A.W. Squad, for having been awarded the Georgia Cheerleading Coaches Association's 2007 Team of the Year Award for their academic achievement, combined cumulative GPA of 86.83, community involvement and cheerleading achievements. Mayor Lasseter explained that the team finished their regular competition season undefeated and went on to win Co-Ed Sectionals at Shiloh High School. After an unfortunate injury at the state competition, the team took the floor for a second time and completed a flawless routine, finishing 6th in the State. Members of the team are active in sports other than cheerleading, are members of Student Government and are spokespersons for children's organizations.
      
      The team received their awards on March 9, 2007 at the Georgia Cheerleading Coaches Association annual conference at Lake Lanier. The team has also been nominated for National Team of the Year, which will be announced by Cheer Ltd on March 30, 2007. Squad members include Alex Guzman, Ashley Dawson, Bobby Herb, Chynna Allen, Grace Chang, Immanuel Phillips, Ivie Miller, Jessica Martin, Jordyn Lavoie, Lauren Shields, Lindsey Thomas, Lindsey Mettelman, Meaghan Bay, Megan Mays, Megan Riley, Melissa Harrell, Melissa Lankford, Patrice Barnhill, Ray Santiago, and Shelby Glass.
   2. DULUTH ALL-STAR BASKETBALL – COUNTY CHAMPS
      The Mayor and Council recognized coaches and players from the 11 -12 year-old Duluth All-Star basketball team will be present to announce their victory at the Gwinnett County Championship held on Saturday, March 3rd. They presented their first-place trophy to the Mayor, which will be kept on display at Bunten Park where the team practices. The Mayor and Council congratulated them on their hard-earned success. Coached by Jeff Efird, team players were Lou Cole, Davon Hill, Wesley Strickland, Brandon Wilson, Christian Goodlett, Alex Gray, Mark Ruskell, and Darius Williams.
   3. LIVING MEMORIAL DESIGN COMPETITION PRESENTATION
      Georgia Tech students Allyson Barfoot, Lindsay Graham, and Bryce McQueen were present to display their winning design concepts for the Duluth Living Memorial.
2. CEREMONIAL MATTERS
   1. APPROVAL OF FEBRUARY 26, 2007 MINUTES
   2. ORDINANCE TO APPOINT ASSOCIATE MUNICIPAL COURT JUDGES
      [Exhibit “A”]
      Approval of this item reappoints Steve Leibel, Kathryn Schrader and Margaret Gettle Washburn as Associate Municipal Court judges for the City of Duluth for a one year term, to expire March 12, 2008.
   3. ORDINANCE TO APPOINT MUNICIPAL COURT SOLICITORS
      [Exhibit “B”]
      Approval of this item reappoints Russell Bryant as Court Solicitor, and Mike Sheffield and Sandra Hicks as Associate Court Solicitors for 2007, said terms to expire on the second Monday in March, 2008.
   4. ORDINANCE APPOINTING ZONING BOARD OF APPEALS MEMBERS
      [Exhibit “C”]
      Approval of this item approves an ordinance appointing Kelvin Kelkenberg as an Alternate member of the Zoning Board of Appeals, term to expire March 31, 2010.
   5. ORDINANCE APPOINTING CONSTRUCTION BOARD OF APPEALS MEMBERS
      [Exhibit “D”]
      Approval of this item approves an ordinance reappointing Frank Miller and Dave Heydinger to the Construction Board of Appeals with terms ending on March 31, 2010.
   6. ORDINANCE TO APPOINT CAPITAL RESERVE COMMITTEE MEMBERS
      [Exhibit “E”]
      Approval of this item approves an ordinance to reappoint Councilmember Jim Dugan and Greg Whitlock to the Capital Reserve and Retirement Benefits Investment Committee, said terms to expire March 31, 2009. Approval also appoints Jay Tutt as City resident, (alternate) also expiring in 2009.
   7. ORDINANCE TO APPOINT ALCOHOL REVIEW BOARD MEMBER
      [Exhibit “F”]
      Approval of this item approves an ordinance to appoint Jim Johnson to fill the vacancy as the second alternate for the Alcohol Review board, term to expire 3/31/09.
   8. ORDINANCE TO APPOINT URBAN REDEVELOPMENT AGENCY MEMBER
      [Exhibit “G”]
      Approval of this item approves an ordinance to reappoint Ellen Carleton to the Urban Redevelopment Agency, term to expire March 31, 2011.
   9. ORDINANCE TO APPOINT CORE PRESERVATION DISTRICT - RESIDENTIAL
      [Exhibit “H”]
      Approval of this item approves an ordinance to reappoint Sandra Lamar and Charles Summerour, and to appoint Nancy Harris to the Core Preservation District (CPD-R), terms to expire March 31, 2010.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve the Consent Agenda as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      
      Motion carried.
3. PUBLIC HEARING
   1. RESOLUTION – TRANSMISSION OF COMMUNITY ASSESSMENT & PARTICIPATION
      [Exhibit “I”]
      Mayor Lasseter opened the public hearing to consider approving the transmittal of the City’s portion, Community Assessment and the Community Participation Program, of the 20-year Comprehensive Plan update to the Atlanta Regional Commission (ARC) and Georgia Department of Community Affairs (DCA) for official review.
      
      Councilmember Bomar requested to see a copy of the County paperwork.
      
      There being no further comments or questions, Mayor Lasseter closed the public hearing and called for a motion.
      
      A motion was made by Councilmember Bomar, seconded by Councilmember Kirouac, to approve the resolution of transmission as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      
      Motion carried.
4. MATTERS FROM CITIZENS
   1. AUTHORIZATION FOR CHANGE ORDER – CITY HALL CONSTRUCTION
      [Exhibit “J”]
      The Mayor and Council considered modifying budget figures for City Hall, and authorizing the City Administrator to execute a change order with Mathias Corp. to change the cost of City Hall from $11,750,000 to $12,064,351 which would then be reflected in the FY08 budget. The increases are due to bid prices on components of City Hall being higher than estimates. The additional funding may from transfers from other designated areas such as remaining funds from Public Safety, SPLOST Park Funds, DDA funds, and a portion of the funds designated for repayment for land acquisition.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve amending the contract with Mathias Corporation for the construction of City Hall, not to exceed $12,064,351 as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      
      Motion carried.
   2. AUTHORIZATION FOR CONTRACT – COMPREHENSIVE PLAN
      [Exhibit “K”]
      Planning Staff had been working with Gwinnett County’s comprehensive plan consulting firm, Parson Brinckerhoff, about their pricing for conducting/assisting us in completing tasks “B & C” for the City Comprehensive Plan Update. The original price negotiated in August 2006 was within the budgeted amount of $50,000, but there was no signed contract. Parson Brinckerhoff recently notified Staff that for tasks “B & C” the same services would cost $120,000, which more than doubled the fee. The reasoning behind this substantial increase was the prior commitment in the dedication of city staff time in the Comprehensive plan process.
      
      In addition another incentive for retaining Parsons Brinckerhoff was their collaboration with Jerry Weitz & Associates. This firm was responsible for the City’s fiscal impact study in conjunction with the major update of the Land Use portion of the Comprehensive Plan in 2004. Parson Brinckerhoff recommended to Staff transferring their services to Jerry Weitz & Associates, Inc. and Mr. Weitz has agreed to this and will contract for the budgeted $50K for completion of the City Comprehensive Plan Update. As this is basically a continuation of the previously approved contract which City Council was informed of and approved in August 2006, Staff is recommending the City Administrator again use the sole source purchase in approving the contract with Jerry Weitz & Associates. This is a budgeted item in CD-01-07, 100-502-751052131.
      
      A motion was made by Councilmember Bomar, seconded by Councilmember Mundrick, to approve the contract with Jerry Weitz & Associations, as approved by the City Attorney, for completion of parts “B&C” of the Comprehensive Plan, not to exceed $50,000.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hallbr />
      Motion carried.
5. MMATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. RED CLAY/2ND STAGE PRODUCTIONS
      Red Clay owner Shelly Howard announced that the comedy club formerly known as “Comedy Cobb” would be coming to 2nd Stage for several months under the name “OTC.” Performance dates are
      
      March 24th, April 14th, May 12th and June 23rd.
6. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. PDP TRANSFER - $3,600 – SUMMER INTERN FOR COURT SERVICES
      Judge Barrett requested a PDP transfer from 100-304-265052362 (indigent defense) to 100-304-159051120 in the amount of $3,600 for the purpose of funding a college intern for the summer months. Amy McCain has worked for Court Services in the past and is available for project work.
      
      A motion was made by Councilmember Kirouac, seconded by Councilmember Dugan, to approve the PDP transfer as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      
      Motion carried.
   2. ANNOUNCEMENTS
      Councilmember Hall noted that he attended the Operation Drive Smart “Ghost Out” at the high school earlier this week and was very impressed. He said that it was an intense experience and asked the Chief to pass along his comments to Lt. Stevens.
      
      Mayor Lasseter announced that ArTrain would be held at the Southeast RR Museum this coming weekend.
      
      Councilmember Kirouac welcomed Mayor Lasseter back after her surgery.
7. ADJOURNMENT
   A motion was made by Councilmember Hall, seconded by Councilmember Mundrick, to adjourn at 7:42 p.m.
   
   All for. Motion carried unanimously.