City Council - 09 April 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

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

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.

Three additions to the Agenda were discussed.

1. ADDITION TO CONSENT AGENDA
   City Administrator Phil McLemore requested that the Council authorize the Mayor to Execute a State Department of Transportation contract agreement for a “High Priority Project” grant for Davenport sidewalks. Council agreed to add to the Consent Agenda.
2. ADDITIONS TO MATTERS FROM COUNCIL/DEPARTMENT DIRECTORS
   Contingency request in the amount of $4,000 – IT Manager Jeff Pruett came forward and explained that this request is to transfer from Contingency , MC-01-07, to certain line items in GG- 01-07 AND GG-06-07 to cover costs for replacing the main firewall for the City’s Network in December of 2006. He requested transfer of $750.00 to line item 906/153552154 (Laserfiche Support) $2,400 to line item 906/159053163 (Personal Communication Devices) and $850.00 to line item 906/153552131 (Miscellaneous Computers) due to previously expending all available funds on the firewall.
   PDP Transfer request in the amount of $5,000 – Marketing and PI Director, Alisa Williams came forward to explained the need to transfer from 100-214/157053123 (Skating Rink) to 100-214/157053120 (Special Events) Account to cover expenses related to the Duluth Revisited Oral History Project. The Duluth Revisited Oral History Project is the first “Flicks on Bricks” movie of the season, scheduled for May 4th. It is necessary to purchase a microphone and hire a professional sound technician to ensure that the video is of the highest quality. The remaining funds requested in this transfer will be used for the events premiere (invitations, dinner for the individuals who took part in the filming), as well as to compensate the musical composer and produce a quantity of the DVDs for sale to the public.
   
   Council authorized adding these items to the agenda under Matters from Council/Department Heads.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

7:00 P.M. - CALL TO ORDER:   Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:            Mayor Lasseter
WELCOME RESIDENTS:            Strathmoor/Rolling Acres

1. CEREMONIAL MATTERS
   1. APPRECIATION FOR SERVICE
      The Mayor and Council presented plaques of appreciation to Charlotte Dispain, Hugh Smith, and Randy Sutt for their years of service to the City of Duluth.
   2. OATHS OF OFFICE – BOARDS AND COMMISSIONS
      Mayor Lasseter administered Oaths of Office to board appointees from March 12th and March 26th: Sandra Hicks, Sandra Lamar, Randy Marcus, Terry Franzen and Terrie Needham.
   3. PROCLAMATION – ADMINISTRATIVE PROFESSIONALS WEEK
      Mayor Lasseter proclaimed April 23-27th as Administrative Professionals week in the City of Duluth.
   4. PROCLAMATION – CHRISTIAN BEGINNINGS PRESCHOOL & KINDERGARTEN DAY
      Mayor Lasseter proclaimed April 22, 2007 as “Christian Beginnings Preschool and Kindergarten Day” in the city of Duluth to commemorate the 25th anniversary of this program at Duluth First United Methodist Church.
   5. PROCLAMATION – DONATE LIFE MONTH
      Mayor Lasseter proclaimed April as “Donate Life Month” as part of a national awareness campaign for organ donation.
   6. PROCLAMATION – PATRIOTS DAY
      Mayor Lasseter proclaimed April 19th as Patriot’s Day in the City of Duluth to recognize the anniversary of the “shot heard ‘round the world” in 1775 and presented it to George Thurman, Paul Prescott and Rush Dushman of the Piedmont Chapter of the Sons of the American Revolution.
2. CONSENT AGENDA
   1. APPROVAL OF MARCH 26, 2007 MINUTES
   2. AGREEMENT - STATE DEPT OF TRANSPORTATION CONTRACT [Exhibit “A”]
      Approval of this item authorizes the Mayor to execute contract agreement with State DOT on an HPP (High Priority Project) grant agreement for Davenport Road sidewalks.
      
      A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      
      Motion carried. 
3. PUBLIC HEARING
   1. 1. ORDINANCE OF REZONING MODIFICATION CASE Z#0217A-06
         TND DEVELOPMENT RA-200 TO PUD TAX PARCEL 6-324-014
      2. ORDINANCE OF REZONING MODIFICATION - PUD - CASE Z#0217-B-06
         TND DEVELOPMENT PARCELS 6-324-002, 6-324-085, 6-324-215
         Mayor Lasseter opened the public hearings for both rezoning modification requests. (Items 1 and 2.)
         
         Mayor Lasseter announced that although these public hearings have been advertised, the applicant, Mr. Tad Braswell of TND Development had requested that the cases be postponed until April 23, 2007.
         
         Mayor Lasseter called for comments from the applicant.
         
         The applicant Tad Braswell, came forward to say the Planning commission had approved the requests at their April 2 meeting, but that he was out of town one week as was Interim Director Shelley Stiebling, and he would prefer to go over the cases again to ensure compliance with conditions of approval before presentation to Council.
         
         Mayor Lasseter called for comments/questions from the public, there being none, Mayor Lasseter called for motion to postpone both public hearings and called for a motion.
         
         A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to postpone both Public Hearings until April 23, 2007 as requested by the applicant.
         Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
         
         Motion carried.
4. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. CODE ENFORCEMENT UPDATE – DAVENPORT ROAD
      Code Compliance Officer Sherri Hancel gave an update on past enforcement action and the current status of code violations on Davenport and Pittard Roads.
      
      She explained standard practice involving the enforcement process. In an area with alleged violation, Staff issues a warning notice immediately and follows with certified letter to owner if it is a rental, giving ten days to comply. Re-inspection is scheduled 10 days out, and if the property is in compliance, the case is closed. If it is not, the next step is a written citation to appear in municipal court. If there are repeat violations, the process is the same, but with fewer days given to comply.
      
      Council member Mundrick stated that he would like to see a draft of an ordinance that would require second violations to lead directly to a citation to attach a deterrent value. He asked that Ms. Hancel report back to Council on what the violators are doing in response to warnings.
      
      Council member Bomar asked instead of closing case to keep open for up to 24 months, which would eliminate starting the process over again, and would allow citations to be issued immediately if the violation occurs again at the same location.
      
      City Attorney Steven Pereira noted that for repeat violations, there is a reduction in days for compliance, which is at the discretion of the code compliance officer, and also a higher fine for repeat violations, but that the City could make it more severe.
      
      Councilmember Mundrick said that he would indeed like to see stronger regulations brought forth for consideration within the next 30 days.
   2. SOLICITATION FOR CHARITABLE CONTRIBUTIONS – STREETS & INTERSECTIONS
      
      Chief Belcher and Councilmember Bomar reported on this matter as brought before Council on March 26th.
      
      Councilmember Bomar noted that with her background in traffic engineering, she was very concerned about safety. Traffic volumes and speed of driving have increased dramatically in the areas where collections have taken place in the past. She felt that there must be better alternatives for fundraising.
      
      Chief Belcher came forward to report that the practice is actually against State law, but the State has given cities the leeway to allow such collections to take place. Many other organizations are not as trustworthy and honest as the Shriners, and it is difficult for the City to make those determinations, through doing background checks, etc. He explained that some 36,000 vehicles a day travel through the Peachtree Industrial/Pleasant Hill intersection. The police Department received a lot of complaints and for safety reasons he feels that certain intersections within the City to be unsafe areas for solicitations.
      
      Joe McMahon of the local Shriners organization responded that they participate in other fundraising efforts such as community parades and telethons. They provide proof of charitable organization status and proof of insurance, and said the reason why the Shriners stand at intersections to collect funds is to support families of burned/disabled children. Therefore, he requested the Council permit the local Shriners to continue to collect at the PIB/Pleasant Hill intersection to raise money for the hospital that the Shriners have traditionally supported.
      
      Councilmember Bomar stated that she along with the City Attorney, Chief Belcher, and Mr. McMahon will meet to discuss other possible options/conditions for charitable organizations to solicit and to determine conditions whereby collection of funds for charitable organizations may be accomplished.
   3. ANNOUNCEMENTS
      Mayor Lasseter announced that the Duluth High School Varsity Competition cheerleading squad, (C.L.A.W. Squad), has been named the 2007 National Team of the Year! They will be headed to North Carolina in May to represent, our school, city, state and the sport of cheerleading.
   4. CONTINGENCY REQUEST - $4,000 – GG-06-07 and GG-01-07
      Contingency request in the amount of $4,000 in order to transfer $750.00 to line item 906/153552154 (Laserfiche Support), $2,400 to line item 906/159053163 (Personal Communication Devices) and $850.00 to line item 906/153552131 (Miscellaneous Computers) due to expending all available funds to replace the main firewall for the City’s network in December 2006.
      
      A motion was made by Council member Mundrick, seconded by Council member Kirouac to approve contingency request for GG-06-07 and GG-01-07 as presented.
      Those voting for Council member Kirouac, Bomar, Mundrick, Dugan and Hall
      
      Motion carried.
   5. BUDGET PDP TRANSFER REQUEST - $5,000 – DULUTH REVISITED
      Public Information and Marketing Director Alisa Williams requested a line item transfer in the amount of $5,000 from the Ice Skating Rink Account 100-214/157053123 to Special Events Account 100-214/157053120 to cover expenses related to the Duluth Revisited Oral History Project. This project is set to premiere at the first “Flicks on Bricks” movie set for May 4th. Brad Nessler has agreed to donate his time to film the narration portion of this project, but it is necessary to purchase a microphone and hire a professional sound technician to ensure that the video is of the highest quality. The remaining funds requested in this transfer will be used for the events premiere (invitations, dinner for the individuals who took part in the filming), as well as to compensate the musical composer and produce a quantity of the DVDs for sale to the public.
      
      Being no further comments, Mayor Lasseter called for a motion.
      
      A motion was made by Council member Mundrick, seconded by Council member Dugan to approve the PDP transfer request as presented.
      Those voting for Council members Kirouac, Bomar, Mundrick, Dugan and Hall
      Motion carried.
5. ADJOURNMENT
   A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to adjourn at 8:00 p.m.
   
   All for. Motion carried unanimously.