City of Duluth - May 14, Minutes

City Council - 14 May 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.

A waiver request from Joshua Leonard of Duluth First Methodist Church for signage was discussed. The City Attorney requested that no action be taken on this request to allow time to ascertain whether the matter should be brought before the Zoning Board of Appeals.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

7:00 P.M. - CALL TO ORDER:   Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:            Bobby Westmoreland, Salvation Army Representative
WELCOME RESIDENTS:            The Overlook/Cresswell

CEREMONIAL MATTERS
1. PROCLAMATION FOR DULUTH – SALVATION ARMY
  Mayor Lasseter presented Bobby Westmoreland of the Salvation Army with a proclamation recognizing May 14-20 as “Salvation Army Week” in Duluth. She expressed her pride and appreciation for the Salvation Army and all the assistance they provide to the community. Councilmember Hall reiterated the sentiment.
2. PROCLAMATION – FOSTER CARE SUPPORT DAY
  Mayor Lasseter proclaimed May 14th as “Foster Care Support Day” in the City of Duluth.
CONSENT AGENDA
1. APPROVAL OF APRIL 23, 2007 MINUTES
2. ACCEPTANCE OF DONATION -18,500 – DULUTH MERCHANTS ASSOC FUNDRAISER
  Approval of this item accepts donation from the Duluth Merchants Association in the amount of $18,500. Council previously accepted $24,000 from DMA/City fundraising efforts, for a total of $50,000 but expended $7,500 to cover the design fees to Georgia Tech College of Architecture. The designated funds of $42,500 will be set aside for the construction of the “Living Memorial.”
  
  A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
PUBLIC HEARING
1. CITY OF DULUTH FISCAL YEAR 2008 BUDGET PRESENTATION
  Mayor Lasseter opened the public hearing to consider the FY08 budget and accept public comment. As per State law, (O.C.G.A 36-81-5 & 6) cities are required to hold a public hearing prior to adopting the annual operating budget. An ordinance for the final adoption of the FY08 City of Duluth operating budget will be considered by Council June 11, 2007.
  
  City Administrator Phil McLemore came forward to present the FY08 budget, which is a balanced budget based on the current tax millage rate of 5.191 mills. In summary, the FY08 budget totals $43,943,744 and includes operating expenses of $15,763,240, debt service of $3,151,180, and capital expenditures of $25,029,324. It also includes carry-forward from reserves, in the amount of $3,103,065. At present, grants, outside funding, and SPLOST funds account for 57% of the budget and allow the City to continue its improvements in downtown, parks, and transportation without depending solely on property taxes.
  
  Mayor Lasseter called for comments from Council or the public. As there were none, she announced that the budget summary would be available in the office of the City Clerk as well as on the City’s website for review, and closed the public hearing. No motion necessary.
OLD BUSINESS
1. ORDINANCE TO AMEND THE DULUTH CODE – CODE ENFORCEMENT VIOLATIONS
  [Exhibit “A”]
  The Mayor and Council considered an ordinance to amend Chapter 5, Sections 5-272 and 5-273 of the Duluth Code regarding violations of the property maintenance ordinance, by removing the requirement that a “notice of violation and opportunity to remedy” be provided to a property owner who has previously been provided notice of an alleged violation of the Chapter in the preceding 24 month period. Instead, City officials will be authorized to issue a citation without notice in such circumstances.
  
  A motion was made by Councilmember Hall, seconded by Councilmember Kirouac, to approve the ordinance to amend the Duluth Code as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
2. AMENDMENT TO INTER-GOVERNMENTAL AGREEMENT – DOWNTOWN DEVELOPMENT AUTHORITY 6-293-035, 6-293-036, 6-293-037 and 038, and 6-293-35A
  [Exhibit “B”]
  The Mayor and Council considered an amendment to an agreement with the Downtown Development Authority, dated May 18, 2004 and previously amended February 28, 2005 regarding property located on Main Street. The DDA is currently negotiating a contract on this property with Mathias Corporation. The proposed contract would require some changes to the existing intergovernmental agreement.
  
  City Attorney Steven Pereira noted that several changes had been made to Exhibit B, “Conditions of Sale,” to change the amount of retail that would be required in one of the buildings, and also to make an additional change at the request of the developer, to remove the word “first” from the third sentence of the first paragraph, so that the restrictions will apply to the building on Knox Street but not necessarily the first building to be constructed. Councilmember Dugan had also suggested a change that the fourth sentence should read “the remainder of the first floor space on street level in the first building must not be residential.”
  
  A motion was made by Councilmember Dugan, seconded by Councilmember Hall, to approve the amendment to the intergovernmental agreement as presented.
  
  Those voting for: Council members Kirouac, Mundrick, Dugan, and Hall
  
  Abstaining: Councilmember Bomar
  Motion carried.
NEW BUSINESS
1. BID AWARD – ENGINEERING FOR IRVINDALE RESIDENTIAL LOOP - SIDEWALKS
  [Exhibit “B”]
  Bid proposals for the Irvindale sidewalks were discussed at the April 23rd work session. At the request of Council this item was postponed to allow the City’s consultant to question each of the three companies who submitted a bid. The findings were that the totals for Clark Patterson and jB+A remained the same but the cost for Pond and Company increased because they had not shown anything for “Bidding and Negotiation/Contract and Construction Observation.” Staff recommends the awarding the contract to low bidder Clark Patterson, not to exceed $134,495.00 for this project, CIP # CD-23-08.
  
  A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve contract award for engineering to Clark Patterson, not to exceed $134,495.00.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
2. ORDINANCE TO AMEND THE FY07 BUDGET - $154,280 [Exhibit “B”]
  To account for revenues not previously accounted for in the current budget, the Mayor and council considered an ordinance to amend the FY07 budget to incorporate donations received for the Living Memorial, to be placed in CA-23 line item 352-37.1005. The State Drug Fund received the proceeds of the City’s share of forfeitures under state and local law in the amount of $2,508 which will be used in support of the asset forfeiture programs that are allowable under state statute, with funds to be placed in PD-25 line item 211-35.1360. The City also closed on the Series 2006 bonds in December for $103,772.
  
  A motion was made by Councilmember Kirouac, seconded by Councilmember Dugan, to approve, the ordinance to amend the FY07 budget as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
MATTERS FROM CITIZENS
1. APPRECIATION FOR CODE ENFORCEMENT
  Mr. Stewart came forward and thanked staff and the Council for working on the code enforcement concerns he brought forward several meetings ago, and noted that major improvements have been made at this point.
MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
1. LINE ITEM TRANSFER - $35,000 –FUEL PURCHASE INVOICES
  Due to Gwinnett County billing errors that occurred in FY06 and the City not receiving fuel invoices until February 2007, plus increases in fuel costs in general, Council to consider a request to transfer:
  
  $15,000 from 100-701-421051110 (ST-01 Salaries)
  $10,000 from 801-321051110 (PD-01 Salaries)
  $10,000 from 100-802-322151110 (PD-02 Salaries)
  to 100-921-321053126 (GG-08 Fuel and Oil)
  
  A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to approve the line item transfers as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
2. LINE ITEM TRANSFER – $44,000 – PROPERTY & LIABILITY INSURANCE
  Due to larger than expected increase in the City’s FY07 annual insurance premiums a request is being made to transfer the following amounts:
  
  $4,000 from 100-201-132051292 (CA-01 Benefits)
  $10,000 from 100-701-421051292 (ST-01 Benefits)
  $2,000 from 100-304-265051110 (CC-03 Salaries)
  $6,000 from 100-804-265051110 (PD-04 Salaries)
  $22,000 from 100-501-740051110 (CD-01 Salaries)
  To account 100-904-155552311 (GG-04 Insurance, Property & Liability)
  
  A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to approve, the line item transfers as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
3. LINE ITEM TRANSFER – $21,000 – INSTRUCTOR FEES TO PART TIME HIRE
  Due to transferring camp counselors from instructor fees to part-time hires, $21,000 is needed to cover costs associated with payment for camps in June. These funds were previously allocated in the 2007 budget as instructor fees. Council to consider a request to transfer the following amounts:
  
  $21,000 from 100-608-611052391 (PK-08 Instructor Fees)
  To account 100-608-611051111 (PK-08 Part time hire)
  
  A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve the line item transfers as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
4. LINE ITEM TRANSFER – $12,500 – PUBLIC WORKS VEHICLE PURCHASE
  As authorized by Council during budget work sessions, this request is to transfer $12,500 from salary and benefit line items to vehicle purchases in order to replace an unsafe vehicle with a 2008 Ford Ranger with safety equipment. The request for transfer is as follows:
  
  $6,250 from 100-701-421051110 (ST-01 Salaries)
  $6,250 from 100-701-421051292 (ST-01 Benefits)
  To account 100-701-421054222 (ST-01 vehicle purchases)
  
  A motion was made by Councilmember Dugan, seconded by Councilmember Bomar, to approve the line item transfers as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
5. LINE ITEM TRANSFER – $4,262.90 – UNEMPLOYMENT INSURANCE
  Due to several unexpected unemployment claims this year, this request is to cover claim expenses through the remainder of this budget year.
  
  $2,000 from 100-425-154052371 (CC-05 Certification expense)
  $2,262.90 from 100-425-154052370 (CC-05 Training & seminars)
  To account 100-425-154051260 (CC-05 Unemployment Claims)
  
  A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve, the line item transfers as presented.
  
  Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
6. MEMORIAL DAY 2007 – HONORING KOREAN WAR ERA VETERANS
  Mayor Lasseter announced this year’s event, which will honor and welcome Korean War era Veterans on Saturday May 26th at 7:00 p.m. All are welcome. Duluth Merchants Association Annual Stars & Stripes Road Race will be held Saturday morning in the Town Green.
7. ANNOUNCEMENTS
  Mayor Lasseter to announce that the May 28th regular scheduled meeting of the City Council will be cancelled due to the Memorial Day holiday. Additionally, a special called work session will be held on Monday, June 18th at 6:00 p.m. at the Festival Center.
ADJOURNMENT
1. A motion was made by Councilmember Hall, seconded by Councilmember Bomar to adjourn into Executive Session for the purpose to discuss personnel matters at 7:40 p.m.
  
  A motion was made by Councilmember Dugan, seconded by Councilmember Bomar to adjourn at 8:30 p.m.
  
  All for. Motion carried unanimously.

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City Council - 14 May 2007 Minutes