City of Duluth - July 23, Minutes

City Council - 23 July 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

6:35 P.M. - CALL TO ORDER: Mayor Shirley Fanning-Lasseter

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

EXECUTIVE SESSION – POTENTIAL/PENDING LITIGATION AND PERSONNEL
A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to adjourn to executive session to discuss pending/potential litigation and personnel at 6:35 p.m.

Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried.

After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Hall, to return to regular session at 7:15 p.m.

Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
Motion carried.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

INVOCATION/PLEDGE: Mayor Lasseter
WELCOME RESIDENTS: Berkeley Crossing | Norman Downs

CEREMONIAL AGENDA
1. OATH OF OFFICE – ETHICS COMMITTEE
  Mayor Lasseter administered an oath of office to Chris McDonough of the Ethics committee.
CONSENT MATTERS
1. APPROVAL OF JULY 9, 2007 MINUTES
2. ELECTION CALL FOR GENERAL AND SPECIAL ELECTION–NOVEMBER 6, 2007 [Exhibit “A”]
  Approval of this item approves an ordinance calling for a general election to be held on November 6, 2007, to elect a mayor and two members of council, and also for a special election to consider a referendum question by virtue of Local Act (House Bill 748) regarding redevelopment powers.
3. ACCEPTANCE OF DONATION - $100 – POLICE AWARDS
  Approval of this item accepts a $100 donation from the Windsor Gate Homeowner’s Association for the police awards, account 100-807-322353130.
4. ACCEPTANCE OF DONATION - $50 – FLAGS & MARKERS
  Approval of this item accepts a $50 donation from Marsha Anderson Bomar for the Veteran’s Flag & Marker program, account 100-37114.
  
  A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.
  
  Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
OLD BUSINESS
1. HIGHWAY 120 PLAN FOR IMPROVEMENTS [“Exhibit “B” ]
  The Mayor and Council considered authorizing staff to proceed toward implementing the Highway 120 plan for improvements. The City Council has previously reviewed a Highway 120 plan for improvements through the downtown area recommended by the DDA but has not yet voted to proceed with the necessary contacts to implement this plan. A vote to proceed toward implementation of the road improvements would allow staff to begin meetings and discussions with GDOT, School Superintendent, and affected property owners and provide assurance to the developers of the City Hall Block what plan the City is committed to.
  
  Councilmember Bomar noted that this is a conceptual plan only at this point. It has not been fully engineered, thus, there will be additional refinements in areas such as landscaping that will be incorporated into the design before it’s finalized.
  
  A motion was made by Councilmember Bomar, seconded by Councilmember Kirouac, to approve the acceptance of the Highway 120 road improvement plan done by Kimley-Horn Engineers and authorize staff to proceed toward implementing the plan.
  
  Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
NEW BUSINESS
1. MASTER PARK PLAN PRESENTATION – HDR ENGINEERING
  The City hired HDR Engineering in early 2007 to create a recreation master plan to ensure that the recreational needs of the growing population will be met over the next 10 years. Parks & Recreation Director Kathy Marelle introduced Robert Bryant, Senior Landscape Architect with HDR Engineering, Inc., for presentation of the drawings/plans for the City’s Master Park Plan.
  
  Mr. Bryant gave a brief overview of the Master Plan. He noted that Duluth has experienced rapid population growth over the past 20 years and is expected to continue to grow at an above average rate. The planning process began with information gathering, which consisted of an inventory of existing facilities, a demographic analysis of the City, and public input. Public input was gathered through a recreation survey, public meetings, stakeholder interviews, and steering committee meetings.
  
  Mr. Bryant explained that National recreation standards (developed by the National Recreation and Parks Association, NRPA) were applied to the information gathered from the facilities inventory and demographic analysis to determine the deficiencies and surpluses in Duluth’s recreation system. The final step in the planning process was to make recommendations for the development of future parks and facilities based upon these surpluses and deficiencies.
  
  The plan recommends that Duluth concentrate on the development of passive facilities over the next ten years. There is not much of a need for active facilities such as soccer, baseball, and softball due to an abundance of active facilities in existing city and county parks. Examples of passive facilities include greenway trails, nature trails, open fields for informal play and relaxation, picnic areas, and playgrounds. Trails and greenways were the most needed facilities according to public input. Two multi-use trails are recommended, including the Central City Bikeway, that would connect the Duluth Town Green to the Chattahoochee River, and the Chattahoochee River Greenway, that would run along the city’s northern border along the Chattahoochee River. The greenway along the river would tie together two of Duluth’s major parks (Scott Hudgens Park and Rogers Bridge Park) as well as several Chattahoochee River National Recreation Area properties, thus essentially creating one large passive park along Duluth’s northern boundary.
  
  Another key component of this plan is the improvement of existing park facilities, most of which have never had a formal park master plan. Master plans were created for Taylor Memorial Park (2.4 acres), Church Street Park (1.7 acres), W.P. Jones Park (20 acres), Rogers Bridge Park (12.75 acres), and Scott Hudgens Park (40 acres). In addition to the six parks, HDR also reviewed plans for greenways, and the Gwinnett County facilities that are close or inside the City of Duluth. Public Input was very vital to this process.
  
  Recommendations were broken down into four of the most appropriate categories as rated by NRPA regarding greenways (multi-use trails), neighborhood parks (5 -20 acres), and community parks. Walking trails, playgrounds, picnic areas, and informal open space have been added to most of the existing parks in order to address the need for additional passive facilities within Duluth. The highest priority projects include: the development of Rogers Bridge Park as a passive park; the development of the Chattahoochee River Greenway from Scott Hudgens park to Rogers Bridge Park; and the installation of restroom/concessions, trails, formalized parking, and spectator amenity areas within Scott Hudgens Park.)
  
  There was a brief discussion on allowing parkland use by the North GA live steamers for running a train as an added attraction in one of the parks. The previous request was to consider Rogers Bridge Park. Representatives came forward and explained their space needs and time periods they would be in operation.
  
  It was stated that .78 acres would be needed for a track with additional space for storage, etc. This track could not be located on more than a 2.5 foot grade. Representatives also contended that with approximately 3 acres, it could run the perimeter of the park, and everything else would be open for gardens or playground, etc. The actual width needed is 3-5 feet for the track, 6-8 feet with foliage.
  
  Mr. Bryant responded that the trains were not recommended in any of the existing park areas, primarily due to space limitations, and said there is very little available land that would meet the grade specifications.
  
  Council will take all comments under advisement. No motion required.
2. ORDINANCE TO AMEND THE FY 2007 BUDGET [Exhibit “C”]
  The Mayor and Council considered an ordinance to amend the FY07 budget by $118,266.88 because the City has collected court fines and bond & forfeiture payments in excess of the original budgeted amounts, from which the City is required by law to remit a percentage to other various government agencies. This increases both the revenues and expenditures for the FY07 budget.
  
  A motion was made by Councilmember Kirouac, seconded by Councilmember Mundrick, to approve the ordinance to amend the FY07 budget as presented.
  
  Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
3. RATIFICATION OF CONTRACT– DOWNTOWN DEVELOPMENT AUTHORITY & ETJ DOWNTOWN
  [Exhibit “D”]
  
  The Mayor and Council considered ratifying the Contract of Purchase between the Downtown Development Authority (DDA) and ETJ Downtown, LLC for the purchase of property located in land lot 293 of the 6th District Parcels 6-293-035, 6-293-036, 6-293-37 &38, and 6-293-35A.
  
  The Downtown Development Authority (DDA) and ETJ Downtown, LLC which is controlled by Dave Heydinger have entered into a contract for the purchase of real estate owned by the DDA. The property is subject to an intergovernmental agreement with the City of Duluth which transferred title to the property to the DDA. The original intergovernmental agreement required that the street level of any building constructed on the subject property be used solely for retail or restaurant uses. In May of this year, the City Council amended the agreement to state: “In the building to be constructed on the corner of Knox Street, a minimum of 50% retail or restaurant on the first floor at street level shall be required.”
  
  The Mayor explained that the special stipulations in the current contract require ETJ to construct the first floor of certain buildings to look and function as retail space and to use its best efforts to market the space as retail, but allows for other uses. There is no first floor retail use required on other buildings. The intergovernmental agreement also requires that buildings to be constructed on the subject property be designed and completed within certain time frames. The contract as drafted places these requirements on only the first building to be constructed on the subject property.
  
  These provisions could be viewed as inconsistent with the language of the intergovernmental agreement. Therefore the DDA has requested that the City Council specifically ratify the contract and verify that the contract satisfies the requirements of the intergovernmental agreement.
  
  City Attorney Lee Thompson explained that the current City of Duluth zoning ordinance allows only retail and restaurant uses on the first floor of all buildings in the Central Business District where this property is located. To complete the contract as written, the DDA will have to apply for a variance, seek a special use permit as allowed by the ordinance to allow other uses on the first floor of the buildings to be constructed, or the City Council will need to change the Ordinance. The DDA also seeks direction from the Council on this matter.
  
  City Administrator Phil McLemore mentioned that the requirements could be limited to a newly designated area, such as starting at the edge of the Taylor Park property. Councilmember Dugan recommended utilizing the variance or special use process.
  
  A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to ratify the contract between the Duluth DDA and EJT Downtown, LLC. as written. A copy of the contract shall be attached to the minutes of this meeting.
  
  Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
  Those abstaining: Councilmember Bomar
  Motion carried.
  
  Council requested this requirement of first floor space other than retail be considered through the variance or special use process, and noted they will give consideration to changing the ordinance at a later date.
MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
1. LINE ITEM TRANSFERS - $100 and $10,582.81 – DENTAL
  INSURANCE & DAY CAMP
  Due to late billing by dental provider Guardian, a line item transfer of $100 from 100-907-51220 (FICA) to 100-907-156551292 (Benefits) is needed to cover overage in the custodial department.
  
  Due to the extension of summer day camp at Bunten Road Park, a transfer of $10,582.81 from 601- 611051292 (Parks & Recreation Benefits) to 601-61105111 (Part time salaries) is necessary to cover the additional costs. Summer program registration fees are collected to help offset the costs of counselors and program expenses.
  
  A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to approve the line item transfers as presented.
  
  Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
EXECUTIVE SESSION –PERSONNEL
1. A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to adjourn to executive session at 8:25 p.m.
  
  Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
  
  After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Hall, to return to regular session at 9:00 p.m.
  
  Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
  Motion carried.
ADJOURNMENT
1. 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.

Menu:

City Council - 23 July 2007 Minutes