City Council - 09 July 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.
No other items were discussed and no action was taken.
MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
7:00 P.M. - CALL TO ORDER: Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:
Councilmember Bomar
WELCOME RESIDENTS:
Barkley Square | Nesbitt Crossing
- CONSENT
AGENDA
- APPROVAL OF JUNE 11, 2007 MINUTES, JUNE 18TH WORK SESSION NOTES, JUNE 28TH 1ST AND 2ND PUBLIC HEARINGS NOTES ON PROPOSED PROPERTY TAX INCREASE
- AUTHORIZATION FOR CONTRACT – DELINQUENT TAX COLLECTION
SHERIFF SALES
[Exhibit “A”]
Approval of this item authorizes the Mayor to execute a contract for delinquent property tax collection with Appalachian Mountain Services, Inc. Since 2002 the City has used B.C. Decker Title and Abstract Company Inc. to provide the legal processing services for the collections of delinquent property taxes to the “Sheriff Sale.” The City was notified that this company is no longer in service, therefore bids were solicited. Staff interviewed and checked references on three companies and recommends the firm of Appalachian Mountain Services, Inc. The City Attorney reviewed the contract. All fees will be paid by the delinquent taxpayer from the added administrative and collection fee portion of the tax bill, in accordance with and as permitted by State law. (Title search, legal ads, all certified mailings to mortgage companies, banks, property owners, etc.) - RESOLUTION – SUBRECIPENT COMMUNITY DEVELOPMENT BLOCK GRANTS
[Exhibit “B”]
Approval of this item authorizes Mayor Lasseter to execute contract. The Gwinnett County Board of Commissioner has approved an increase award of FFY 2007 CDBG funds to Duluth, totaling $95,000 for Hill Area Improvements – Donaville Street. The 2007 CDBG funds are awarded for use, in conjunction with $30,000 from 2006 CDBG funds already awarded to Duluth for this project, plus other funds to be provided by the city for completion of the project. - RESOLUTION TO APPOINT POLL WORKERS – NOVEMBER 2007 GENERAL ELECTION
[Exhibit “C”]
Approval of this item approves a resolution which appoints the following:
Teresa S. Lynn and Kristin McGregor as Advanced Voting Clerks, George Rhode as Chief Poll Manager, Dick Meyer as Assistant Poll Manager, and Dianne Gilbreath and Carol Jackson as poll workers for the November 2007 general election. Duluth High School has agreed to allow one or two students to be present during the day to observe the election process and will contact the City after the school year starts with the names of the student(s). - ORDINANCE TO APPOINT ETHICS BOARD MEMBERS [Exhibit “D”]
As per the Ethics Ordinance adopted by Council June 11th 2007 the Mayor and Council to designate two (2) qualified citizens each to provide a pool of twelve (12) individuals who have consented to serve as a member of such Board of Ethics. Approval of this item approves an ordinance establishing twelve (12) members for the Ethics Board as follows:
Councilmember One Year ending 3/31/08 Two Year ending 3/31/09
Hall Bill Day Terrie Adkins
Kirouac Bill Mason Sunny Ramsay
Mundrick Maxine Garner Tonya Borders (oath 8/13)
Dugan Lisa Pugh Ida Richardson
Bomar Linda Hutchinson Ray Walker
Mayor Lasseter Cody Moran Chris McDonough - WAIVER REQUEST – SIGNS - PLACEMENT OF THREE BANNERS
Approval of this item approves a waiver of fee and location requirements as requested by Justin Hoffman, co-owner of Bridgeworks, sponsor of the Friday Summer Concert Series, in order to put up three concert promotional banners; one at Buford Highway and Rogers Bridge, another at the railroad intersection of Hwy 120 and West Lawrenceville Street and a third at the corner of Peachtree Industrial Blvd and Abbott’s Bridge for a two month period. (Concert Series ends August 24th.) Said banners are to prominently display the admission charges.
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.
- CEREMONIAL MATTERS
- OATHS OF OFFICE – ETHICS BOARD & CORE PRESERVATION
DISTRICT REVIEW
Mayor Lasseter administered Oaths to the newly appointed members of the City’s Ethics Board and to Charles Summerour of the Core Preservation District Review Board. - APPRECIATION FOR DOWNTOWN DEVELOPMENT MEMBER – BRADLEY CARROLL
Mayor Lasseter presented a plaque of appreciation to Bradley Carroll for his years of service on the Downtown Development Authority.
- OATHS OF OFFICE – ETHICS BOARD & CORE PRESERVATION
- PUBLIC HEARING
- RESOLUTION TO SET TAX MILLAGE RATE – TAX YEAR 2007 [Exhibit “E”]
Mayor Lasseter opened the public hearing to set the tax millage rate for 2007.
Each year, Gwinnett County Tax Assessors are required to review the assessed value of taxable property in the County. This is called a reassessment process. When the total digest of taxable property is prepared, Georgia Law requires that a rollback millage rate must be computed that will produce the same total revenue on the current year’s new digest that last year’s millage rate would have produced had no reassessments occurred.
The City of Duluth has elected to maintain the same millage rate as last year, which is 5.191. Since that millage rate is higher than the roll back rate, two public hearings were held on June 28, 2007 for the purpose to allow the public an opportunity to express their opinions on this increase for the record. This public hearing meets the requirements as set by state law, therefore approval of this resolution will set the millage rate at 5.191 mills.
There being no further comments or questions, Mayor Lasseter closed the public hearing and called for a motion.
A motion was made by Councilmember Kirouac, seconded by Councilmember Hall, to approve the resolution to set the 2007 tax millage rate at 5.191 as presented.
Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried. - ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE – ARTICLE 12,
DISTRICT REGULATIONS, SECTION 1211-D AND ARTICLE 3 – DEFINITIONS, SEC
301 – T-0119-07
[Exhibit “F”]
Mayor Lasseter opened the public hearing to consider an ordinance to amend the Duluth Zoning Ordinance.
Shelley Stiebling, Interim Planning Director came forward to explain that this public hearing is being held to consider a text amendment to the City of Duluth’s Zoning Ordinance which would amend Article 12, District Regulations, Section 1211.D to include “Kennel” as an allowable Special Use in an M-1 (Light Industrial) district, and to amend Article 3, Definitions, Section 301 to include the definitions of a “Kennel,” “Animal Hospital” and “Veterinary Clinic” in order to clarify the regulatory differences in use between veterinary clinics/animal hospitals and kennels as veterinary clinics are listed as an allowed use within the C-2 General Business zoning district.
This request is in conjunction with an associated request for a Special Use Permit (SUP#0127-07) to allow a kennel at 1795 Buford Highway. The major issues of concern are the appropriateness of a kennel within the City of Duluth, of allowing a kennel within the M-1 district; and the conditions and requirements to be placed upon the use when granting Special Use Permits.
Ms. Stiebling explained that Staff has researched of treatment of kennels within other municipal and/or county government ordinances and development codes and found that most are located in M-1 or M-2 districts and were approved with specific conditions. She noted that allowing this as a special use permit provides an avenue to review each request on a case-by-case basis, which requires a public hearing.
The specific language for the text amendment is as follows: Amend Article 3, Section 301 by inserting the following definitions in alphabetical order:
Kennel: A facility where four (4) or more domestic animals of the canine or feline family over three (3) months old are kept, maintained, cared for, trained, sold, sheltered or boarded overnight for a fee or compensation. A Kennel may also contain outdoor elements for animal training and exercise.
Animal Hospital: A building used for the diagnosis, medical and surgical treatment of small domestic animals by persons qualified and authorized by appropriate licensing to treat injuries, illnesses and diseases of animals. All activity associated with Animal Hospital / Veterinary Clinic operations shall be conducted within a completely enclosed building. Non-medically necessary Boarding/Kennel operations may occur as an ancillary use only.
Veterinary Clinic: See “Animal Hospital.”
For the protection of the neighboring properties, and as a special use, Staff also recommends amending Article 12, Section 1211 (M-1 Light Industrial District Regulations), sub-section D (Special Uses Allowed by City Council Approval), by inserting the following use:
Kennels provided the development meets the following requirements:
No portion of the facility functioning as a sleep, play or exercise area for any animal shall be within 250’ of any residentially zoned property.
The applicant must demonstrate that the noise level from the kennel is inaudible from any residential property.
The applicant shall submit for approval a detailed Sanitation and Maintenance Manual detailing tasks such as animal waste clean up and sanitization to be used in the day to day operation of the facility.
Material Safety Data Sheets (MSDS) for all cleaning agents outlined in the required Sanitation and Maintenance Manual should be submitted to and approved by the City of Duluth Department of Planning & Development.
All outdoor animal facilities shall be surrounded by a continuous opaque fence at least 8 feet in height.
No open-air animal areas shall be visible from any public roadway.
On-site Veterinary Care of the resident animals may occur only as an emergency or ancillary use. Examples of acceptable on-site Veterinary Care include emergency diagnosis and/or treatment performed by an “on-call Veterinarian” or ancillary Veterinary services such as on-site vaccinations. At no time shall the scope of the ancillary Veterinary services use exceed the scope of the primary Kennel use.
Retail and Grooming are allowed as ancillary uses as long as the scope of said uses does not exceed the scope of the primary use of a Kennel.
The Planning Commission agreed with staff and recommended approval as presented.
Council member Bomar asked if there would be outdoor lighting restrictions in place.
Ms. Stiebling responded that it could be addressed as a condition but the language is already addressed in the ordinance.
Council member Mundrick asked about the noise level and setback from residential areas, but also wanted to ensure that the setback would be sufficient for commercial/office property as well. He did not feel that 20 feet would be sufficient for outdoor play areas.
Ms. Stiebling noted that there could be Baffling requirements put in place for noise control. She also suggested that if the property were a minimum of three acres, it might take care of this problem.
Council member Mundrick felt that would not help since people could still build up to the property line, which is why the setback for outdoor is more important. He suggested adding a condition (i.) that would state: For kennels with outdoor animal facilities shall contain side and rear setbacks with a minimum of 25 feet.
Maxine Garner of 3182 Crestview Circle questioned how complaints would be handled, and asked whether or not a penalty fee schedule was in place.
Ms. Stiebling noted that the code compliance officers as well as police department can handle noise complaints, and that the penalty fee schedule would be the same as per all violations of any city ordinances.
There being no further comments or questions, Mayor Lasseter closed the public hearing and called for a motion.
A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve the Ordinance to amend the Duluth Zoning Ordinance for case T-0119-07 as presented and by adding the following condition as letter i: side setback of 25 feet on either side and 25 feet in the rear for kennels with outdoor animal facilities.
Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried. - ORDINANCE OF SPECIAL USE PERMIT – SUP #0127-07 BAUHAUS PROPERTIES,
LLC – OPERATION OF A KENNEL IN M-1 – TAX PARCEL
7-201-094
[Exhibit “G”]
Mayor Lasseter opened the public hearing to consider Special Use Permit #0127-07 submitted by Jeffrey Hahn of Bauhaus Properties, LLC of Duluth, Georgia to operate a kennel within the M-1 zoning district as a special use permit on a site known as tax parcel 7-201-094.
Interim Planning Director Shelley Stiebling came forward to outline the request. As previously approved through Case T-0119-07, this special use request comes under section 1211.D which includes kennels. The current parcel contains two buildings, only one of which has been obtained by and will be utilized by Camp Bow Wow. Camp Bow Wow is a national franchise which recently opened its first Georgia location in Fairburn under an M-2 (Heavy Industrial) zoning.
The major issues associated with this request are:
Special Use Permit to allow a “Kennel” in the M-1 zoning district at this location; and
Any adverse affects that the proposal may have on adjoining property owners; and
The assurances for maintenance and sanitization on the site.
Ms. Stiebling showed a site photo of the property at 1795 Buford Highway. To the rear is a railroad right- of-way, and it is surrounded by M-1 zoning. The one-story building is 7,700 square feet. The owner has made arrangements with applicant to secure easements from the railroad in order to provide outdoor runs for the dogs.
The existing building is located on 6.83 acres and contains adequate parking for the proposed use. The location of the building will result in a less than 3,000 square foot total encroachment of the outdoor dog exercise/play areas into the adjoining railroad property to the north. There is also a two-story building which is an office in a condominium association which will be purchased by the applicant.
Ms. Stiebling noted that there have been some questions from the Catholic Church, but there is a heavy buffer between them and it will be approximately 600 feet away. She explained that the Planning Commission and Staff recommended approval of the Special Use Permit based upon the fact that the subject property enjoys a unique condition wherein adjacent properties do not contain any residential uses or zoning thereby reducing the opportunity for this kennel to present any kind of a nuisance to individuals, and that sufficient land area exists surrounding an adequate building for the use with the following conditions:
This site and its operations shall be subject to the requirements and conditions found in Section 1211.D.8 of the City of Duluth Zoning Ordinance and Building Code requirements.
No occupational tax license shall be released until a signed lease agreement between Camp Bow Wow and Norfolk-Southern has been presented to the City of Duluth department of Planning & Development.
The applicant shall provide the City of Duluth with a copy of the covenants and agreements for the condominium regime.
Owner Jeff Hahn came forward and explained how the idea was formed and that their main goals are to help a dog socialize, and keep a healthy activity level while owners are away. He noted that the counselor ratio is one per fifteen dogs, which is lower than any other kennels. He also said that sound studies have been done and would be available for review.
Council member Hall asked if any problems were foreseen in working with the railroad.
Mr. Hahn stated that he had requested a 2,000 foot encroachment and was granted a 3,000 foot area.
Mayor Lasseter closed the public hearing and called for a motion.
A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to approve the ordinance to amend the Duluth Zoning Ordinance for SUP #0127-07 as presented with conditions as recommended by Staff and Planning Commission.
Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried. - ORDINANCE OF SPECIAL USE PERMIT – SUP #0126-07 MOLLIE V. COOPER, –
MODULAR HOME IN R-100 ZONING DISTRICT – TAX PARCEL 7-203-033
[Exhibit “H”]
Mayor Lasseter opened the Public Hearing to consider a Special Use Permit request #0126-07 submitted by Mollie V. Cooper of 3621 Lee Street, to allow the construction of a residential manufactured modular home within the R-75 zoning district on a site known as parcel number 7-203-033.
Shelley Stiebling, Interim Planning Director came forward to outline the request. She said that this particular area has many lots which are considered sub-standard and do not meet current regulations. This lot is located at the intersection of South Street and Lee Street, next to the new Habitat for Humanity house and other recent redevelopment, and public housing. This is a very mixed area of residential properties. The major issues associated with this request are:
Special Use Permit to allow a modular/manufactured home; and
Aesthetic quality of the proposed structure and the compatibility with the surrounding area; and
The proposal’s relationship to the goals of the comprehensive plan.
The proposed dwelling falls under the definition of Manufactured Home that is listed in the 2006 International Residential Code for One- and Two- Family Dwellings. That definition is shown below:
Manufactured Home: Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 square feet or more, and which is built on a permanent chassis with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
Staff and the Planning Commission recommended approval of the Special Use request for the construction of a manufactured home within the R-100 zoning district under Section 1204.D.1 of the Zoning Ordinance with the following conditions:
Design of the structure shall be substantially the same as the renderings originally submitted to the file and presented to the City of Duluth Planning Commission on June 18, 2007. The renderings are stamped as having been received by the City of Duluth on 05/16/2007.
The structure to be placed on the site shall meet all the requirements of Section 1205 of the City of Duluth Zoning Ordinance.
The applicant shall prepare a landscape plan and obtain the approval of the City of Duluth’s Landscape Architect prior to obtaining any permits for this site.
The City’s building official shall inspect all required portions of the structure (foundation and utility hook-ups) to ensure compliance with all applicable codes.
Applicant shall obtain Department of Community Affairs (DCA) approval for the manufactured home and submit proof of said DCA approval to the City of Duluth Planning & Development Department.
The proposed dwelling shall meet all applicable requirements of the 2006 International Residential Code, Appendix E “Manufactured Housing Used as Dwellings.”
Manufactured structures shall be permanently affixed to the foundation.
Mayor Lasseter called for questions or comments. There being none, she closed the public hearing and called for a motion.
A motion was made by Councilmember Dugan, seconded by Councilmember Bomar, to approve the ordinance to amend the Duluth Zoning Ordinance for Case SUP #0126-07 as presented with Staff recommendations AND with addition as recommended by the Planning Commission.
Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried. - ORDINANCE OF RE-ZONING M-1 TO C-2 CASE Z#0220-07
SANGWOO CHOO TAX PARCEL 6-324-018
[Exhibit “I”]
Mayor Lasseter opened the public hearing.
Senior Planner Chris Collins came forward to explain that this public hearing is to consider a request submitted by Sangwoo Choo of Suwanee, Georgia to rezone 0.34 acres known as tax parcel 6-324-018 which is currently zoned M-1 (Light Industrial District) and C-2 (General Commercial District).
The proposed use is a church with offices, which is not an inherently allowed use within the M-1 zoning district. The existing building is 1,580 sq. ft. on one story. The applicant is also proposing 10 off-street surface parking spaces on the site. This site was previously the location of a dry cleaning business until the lot was sold.
The major issues associated with this request are:
Rezoning from M-1 to C-2;
Compatibility with the surrounding area; and
Consistency with Land Use Plan.
Mr. Collins displayed the site map and noted the zoning of the adjacent properties. It is notable that the current section of M-1 zoning does not contain enough land for an M-1 project on the site to meet the above bulk and area regulations. He noted that a Conditional Use Permit was initially considered under the M-1, but rezoning to C-2 will accomplish the same goal as well as better conform to the Future Land Use Plan.
Staff recommended approval of the proposed rezoning from M-1 Industrial to C-2 General Business to allow the operation of a church on the site. This recommendation is based on the compatibility of the request with the Future Land Use Map and the Land Use Element of the Duluth Comprehensive Plan and the need to eliminate a single lot that contains split zoning in order to produce a realistic economically viable site within the City of Duluth. This recommendation is based upon the following conditions:
At no time shall the parking in the area labeled as “current additional parking area” on the submitted site plan dated May 10, 2007 contain more than two (2) parked vehicles patronizing the church.
The parking area shall be re-striped to reflect the parking arrangement and quantities shown on the site plan submitted with this application and dated May 10, 2007.
The harvesting or clear cutting of trees on the property is not allowed.
Any expansion of the church membership requiring redevelopment of the property will require associated permit applications and plan approvals.
Any expansion of the physical structure housing the church will be consider a modification and will require the appropriate applications and review with the City of Duluth Department of Planning and Development.
Councilmember Kirouac asked if there would be sufficient area for additional parking if necessary.
Mr. Collins responded that there would be.
Councilmember Dugan asked about the current number of church members and when services are held.
The architect for the applicant came forward representing the owner and said that the congregation currently has 25 members and meets on Sunday services and Wednesday meetings.
Mayor Lasseter called for questions or comments. There being none, she closed the public hearing.
A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to approve the ordinance to amend the Duluth Zoning Ordinance for case Z#0220-07, tax parcel 6-324-018 with conditions as recommended by Staff and the Planning Commission.
Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried.
- RESOLUTION TO SET TAX MILLAGE RATE – TAX YEAR 2007 [Exhibit “E”]
- NEW BUSINESS
- RESOLUTION – TEMPORARY MORATORIUM - HIGHWAY COMMERCIAL (HC) DISTRICT
[Exhibit “J”]
The Mayor and Council considered a resolution creating a temporary moratorium on the acceptance of applications for special use permits and special conditional permits for any property either currently zoned Highway Commercial District (HC) in the City or seeking to be zoned HC in the City through and including November 30, 2007.
The purpose of the proposed moratorium is to relieve the city from accepting applications for any special use permits and special conditional permits. In conjunction with the moratorium staff will be studying and proposing amending uses allowed within this zoning district in order to promote the re-development of the HC corridor as was intended by the first study in 1991. This amendment should be ready to be considered by Council via public hearing within the next sixty days (60). This is being proposed in conjunction with the proposed Buford Highway Study approved in the FY08 budget to guide the character of the corridor in order to stimulate redevelopment and economic development along this corridor and with the recently completed Atlanta Regional Commission Buford Highway Multi-Modal Study which started the inter-county/city momentum of reviewing transportation issues on the corridor which included a major portion of the highway within the City limits.
A motion was made by Council member Bomar, seconded by Council member Hall, to approve the resolution for issuance of a temporary moratorium in the HC district through November 30th 2007 as presented.
Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried.
- RESOLUTION – TEMPORARY MORATORIUM - HIGHWAY COMMERCIAL (HC) DISTRICT
[Exhibit “J”]
- MATTERS FROM CITIZENS
- Marlene Santiago Cook of 3958 Bally Castle Court came forward to express her concerns on the proposed Super Wal-Mart slated to be constructed on Peachtree Industrial. Mayor Lasseter noted that there is a meeting on July 12th at the Red Clay to discuss this matter, as well as ZBA hearing on July 25th.
- MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
- Council member Bomar announced the new 2007/2008 Theatrical season for the Red Clay Theatre and encouraged everyone to attend one or all of the new season’s productions.
- EXECUTIVE SESSION – PERSONNEL AND PENDING LITIGATION
- It was necessary to hold an executive session regarding pending
litigation and a personnel matter.
A motion was made by Council member Hall, seconded by Council member Mundrick, to adjourn to executive session to discuss personnel and potential and pending litigation matters at 8:30 p.m.
Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried.
After the discussion, a motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to return to regular session at 10:25 p.m.
Those voting for: Council members Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried.
- It was necessary to hold an executive session regarding pending
litigation and a personnel matter.
- ADJOURNMENT
- A motion was made by Council member Kirouac, seconded by
Council member Hall, to adjourn at 10:25 p.m.
All for. Motion carried unanimously.
- A motion was made by Council member Kirouac, seconded by
Council member Hall, to adjourn at 10:25 p.m.