City of Duluth - November 12, Minutes

City Council - 12 November 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT:
Council members Kirouac, Bomar, Dugan and Hall
City Administrator, Department Directors, City Attorney

ABSENT:
Mayor Lasseter (attending National League of Cities conference)

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

6:50 P.M. - CALL TO ORDER:   Mayor Shirley Fanning-Lasseter
INVOCATION:                             Council member Bomar
PLEDGE:                                       Scout Pack 420, Duluth First UMC, Tiger Cubs Den 6: Aidan Cooper, Blaine Galbreath, Evan Hall, Ryan Henderson, Brandon Jiminez, Christopher Ramos, Nicholas Rosati, Tyler Russell, David Stansbury, Christian White Thomas Duke (Troop 1963), Andrew Dietsch (Troop 317) were also present to earn their communications and citizenship in community badge. WELCOME RESIDENTS: Sweetwater Park/Baxley Ridge
WELCOME RESIDENTS:           Sweetwater Park | Baxley Ridge

EXECUTIVE SESSION – POTENTIAL/PENDING LITIGATION
1. A motion was made by Council member Hall, seconded by Council member Kirouac to adjourn into Executive Session to discuss pending/potential litigation matters with the City Attorney.
  All voted for. Motion carried.
  
  After discussion, a motion was made by Councilmember Hall, seconded by Councilmember Kirouac, to return to regular session.
  All voted for. Motion carried.
ANNOUNCEMENTS
1. LIVABLE CENTERS INTIATIVE ACHIEVEMENT AWARD - ATLANTA REGIONAL COMMISION
  Mayor Pro tem Mundrick announced that the City of Duluth received a Livable Centers Initiative Achievement Award from the Atlanta Regional Commission for the Town Green and surrounding mixed-use development. The creation of a Central Business District and two Core Preservation Districts was instrumental in revitalizing the Downtown area and bringing in new retail, restaurants and offices into an area within walking distance of new and existing residences and neighborhoods. Along with the improvements the City made, developers Dan Woodley and Doug Spohn are responsible for the mixed-use developments currently in Downtown and will soon be followed by another mixed-use project being built by Dave Heydinger and Marsha Anderson Bomar.
2. HOMETOWN HOLIDAYS – UPCOMING DULUTH FESTIVAL DATES
  Councilmember Bomar announced that the downtown merchants and City staff have worked very diligently and are partnering together to provide holiday entertainment, food, activities, shopping, and a myriad of activities including a Festival of Trees, train rides, seasonal arts & crafts and fun for all ages. Special shopping hours on Thursdays will be provided. Weekend activities begin November 23rd and continue through December 23rd with a Radio Disney Live concert at 2:00 p.m. She thanked everyone involved for their hard work in providing these wonderful activities for the community.
CEREMONIAL MATTERS
1. PROCLAMATION – VETERAN’S DAY – SON’S OF THE AMERICAN REVOLUTION
  Mayor Pro tem Mundrick proclaimed November 11, 2007, as “Veterans Day” in the City of Duluth and urged all citizens to recognize the sacrifices of our veterans through appropriate ceremonies and prayers. Representatives from the Piedmont Chapter of the Sons of the American Revolution were on hand to accept the proclamation.
2. PROCLAMATION – AMERICA RECYCLES – GWINNETT CLEAN AND BEAUTIFUL
  Mayor Pro tem Mundrick proclaimed November 15, 2007 as “America Recycles Day” in Duluth and encouraged all citizens to participate in community recycling efforts.
3. “QUALITY OF LIFE AWARDS” – CHATTAHOOCHEE ELEMENTARY AND UNITE
  On October 6, 2007 over 100 volunteers of parents, students, teachers and the “Unite” volunteers worked together for the Grounds beautification project at Chattahoochee Elementary school located on Albion Farm Road. Volunteers gathered to plant hundreds of flower bulbs, flowers, and trees, mulched as well as built a compost bin, removed papers and trash from the school property and a small stream behind the school. Mayor Pro tem Mundrick presented “Quality of Life” Awards to representatives from Chattahoochee (Principal Cyndie Burgess and volunteers Tod Madderra and Shannon Kucaj) and Pete Ryan representing UNITE for their dedication in working to enhance and maintain the aesthetics of the Duluth community.
CONSENT AGENDA
1. APPROVAL OF OCTOBER 22, 2007 MINUTES
  Approval of this item approves the minutes of the October 22nd meeting of the Mayor and Council.
2. RESOLUTION IN OPPOSITION OF HR 900 – GEORGIA REPEAL OF EVERY AD VALOREM TAX
  [Exhibit “A”]
  The Mayor and Council have reviewed available HR 900 information or the proposed “GREAT PLAN” and find it contrary to the best interest of the citizens of Duluth, totally lacking in merit and has deemed this plan poor public policy for Duluth and for Georgia. Approval of this resolution officially opposes any proposed State Tax Plan that violates the principle of home rule, reduces local flexibility and funding sources, intrudes on the ability of the local City Council to set fiscal policy and serve the citizen needs of the people whom the Council represents, shifts the burden of taxes instead of providing city government leaders options to provide true tax relief, and serves to redistribute taxes in a manner contrary to the interest of the citizens and tax payers of the City of Duluth. Mayor Pro tem Mundrick explained the many disadvantages of this proposal and encouraged citizens to contact their representatives to express opposition as well.
3. CERTIFICATION OF 2007 MUNICIPAL GENERAL AND SPECIAL ELECTION RESULTS
  [Exhibit “B”]
  Approval of this item certifies the following election results:
  
  MAYORAL SEAT
  Nancy Harris 665, Jim Johnson 495, Write In 2
  
  POST 4
  Doug Mundrick 851, Write in 20
  
  POST 5
  Maxine Garner 468, Arnie Garrett 48, Marline Santiago-Cook 212, Greg Whitlock 404, Write in 3
  
  Tax Allocation District Referendum Question
  Yes 926, No 216
4. CALL OF ELECTION – GENERAL MUNICIPAL RUNOFF – DECEMBER 4, 2007
  Per State law and the City Charter, approval of this item authorizes the Elections Superintendent to call for a runoff election between Maxine Garner and Greg Whitlock for Council Post 5.
5. RESOLUTION – APPOINTMENT OF OFFICERS FOR RUN-OFF ELECTION [Exhibit “C”]
  Approval of this item approves resolution of appointment of officers for run-off election scheduled for December 4, 2007. Georgia Municipal Election Code requires that the Mayor and Council appoint certain officials prior to the election – including a Superintendent, Asst. Superintendent, Poll Manager, Assistant Poll Manager, Chief Registrar, and Absentee/Advanced Ballot Clerks.
6. REQUEST FOR STREET CLOSURE AND – MAIN STREET LICENSED MERCHANTS TO SELL/SERVE ALCOHOLIC BEVERAGES DURING DESIGNATED AREAS/HOURS AND WAIVER REQUEST
  Approval of this item will authorize and co-sponsor the Duluth Hometown Holiday Festival in downtown. Approval will also allow for street closures during this event: closure of Main Street, Friday, November 23, and Saturday and Sunday, December 1st, 2nd, 8th and 9th and closure of W. Lawrenceville Street from 2:00 p.m. to 6:00 p.m. on December 2nd. This will also approve licensed merchants (with a current alcohol license) to serve and sell wine in the Town Green area and surrounding public streets that are closed to the public during the hours of 12:00-6:00 p.m. on designated days as listed. Approval of this item also grants a waiver of location requirements for associated signage.
  
  A motion was made by Council member Bomar, seconded by Council member Hall to approve the Consent Agenda as presented.
  
  Those voting for: Council members Kirouac, Bomar, Dugan and Hall
  Motion carried.
PUBLIC HEARINGS

ORDINANCES OF ANNEXATION/REZONING CASE A#0155-07
BLAKE MANTON R-75 (County) to HC (City) TAX PARCEL 6-265-047
[Exhibits “D” & “E”]
Mayor pro tem Mundrick opened the public hearing to consider annexation of one parcel 6-265-047 into the city and subsequent rezoning of the property, located at Buford Highway and the 3500 block of Pittard Road, from R-75 (Single-Family residential, County) to HC (Highway Commercial, City).

Planning and Development Director Cliff Cross came forward to explain that the site currently serves as a parking area for the applicant’s adjoining landscaping business which is located within the City of Duluth. The subject property is adjoining an area (Buford Highway Corridor) that is currently the focus of a study which intends to generate a redevelopment plan for the area. All adjoining properties within Gwinnett County jurisdiction are residentially zoned and used. The major issues associated with this request are:

Annexation of one property;
Rezoning from R-75 (Single-Family residential [county]) to HC (Highway Commercial)[city];
Compatibility with Future Land Use Map; and
Compatibility with and effect upon adjoining residential properties.

The property is 35,480 square feet, roughly 8/10th of an acre. Mr. Cross showed photos of the property and said that the future land use for this property is defined as commercial and retail, which would not conflict with the requested zoning. Staff does not believe there will be any impact on existing residential as the current use remains the same. Staff and the Planning Commission recommended approval of the proposed annexation and rezoning request.

Blake Manton owner of ImageScapes came forward and explained that he would continue operating as is.

Mr. Cross also noted that if this request was approved, the lots should be combined and recorded together.

Ms. Regina Stansbury of 3192 Huxley Court came forward and asked how these changes would affect her nearby property. Councilmember Bomar responded that there were not going to be any changes, there was an administrative error in the description of the request as listed on the agenda.

There being no further comments or questions, Mayor Pro tem Mundrick closed the public hearing and called for a motion.

A motion was made by Council member Dugan, seconded by Council member Kirouac to approve the ordinances of annexation and rezoning for Case A#0155-07 as presented.

Those voting for: Council members Kirouac, Bomar, Dugan and Hall
Motion carried.
ORDINANCE OF REZONING MODIFICATION PUD (M-1) TO PUD (C-2) Z #0222-07
LARRY MILDER, NORTHPOINT GROUP 6-261-072
[Exhibit “F”]
Mayor Pro tem Mundrick opened the public hearing to consider a request to modify a previously approved rezoning to a Planned Unit Development (PUD).

Planning Director Cliff Cross came forward and explained that this is a modification request to the existing zoning located in the 2600 block of North Berkeley Lake in order to modify conditions to change the underlying designation. Approval of this request would facilitate the placement of four buildings housing a hotel, offices and retail/restaurant space, the applicant proposes to re-designate 6.08 acres of the 15.35 acre development site from an underlying M-2 (Heavy Industrial) classification to an underlying C-2 (General Business) classification. The major issues associated with this request are:

Accordance with the currently adopted Land Use Element of the City of Duluth Comprehensive Plan; and
Increased Building Height; and
Compatibility with Future Land Use Map; and
Compatibility with the character and use of the originally approved Planned Unit Development; and
Compatibility with and effect upon adjoining properties.

Mr. Cross showed the site plan and explained that the proposed development covers portions of two separate parcels totaling 15.35 acres on North Berkeley Lake Road. The plan calls for the construction of four buildings on this site. Proposed are two (2) two-story buildings to be used as office and retail which are 32,500 square feet each. In addition, the plan calls for a seven-story hotel building adjoining a seven-story office building each totaling 126,000 square feet in area. Both of these buildings are to feature ancillary office/retail uses on the ground floor. The proposed hotel will be approximately 150 rooms. As a portion of the greater development, this project is known as Point Berkeley Phase III. The proposed hotel and office buildings are shown to be seven stories and 85 feet in height. While this height would exceed the maximum allowed height in other zoning districts, the PUD zoning allows for flexibility in this area.

Mr. Cross noted that the originally approved plan for this site under the PUD for this area showed a different site layout of six (6) 1-2 story retail buildings, one hotel building of unidentified height and a large driving range. He reported that Staff recommended approval of the proposed rezoning request with modifications to the following conditions:

Building height shall not exceed 50 feet with the exception of the office (bldg A) and hotel (bldg B) which shall not exceed 85 feet in height.
Building frontages greater than 100 feet in length shall have offsets, jogs, or other distinctive changes in the building façade.
Blank walls are prohibited.
Bike racks shall be provided within the project at locations to be approved by the Director of Planning and Development.
Any recorded restrictive covenants shall be provided to the office of Planning and Development for inclusion in the case file. A memo will be added to ensure that all public and private parties understand that these covenants are not enforceable by the City of Duluth.
“Extended Stay hotels/motels” shall not be allowed to operate on the subject site at any time.
Coordinate with Gwinnett County Transit regarding specifications and any required improvements to the existing transit stop on North Berkeley Lake Road
The four story parking garage to the rear of the proposed hotel shall meet the requirements of Section 615 Architectural Design standards of the City of Duluth Zoning ordinance with the exception of Item D relating to Pitched Roofs.

The Planning Commission recommended approval with additional conditions as follows:

The proposed development shall comply with any requirements resulting from the current Large-Scale Development Study prior to obtaining any permits; and
Current condition number 20 should be revised to read as follows: ‘extended stay hotel/motel should not be allowed to operate at any time under current ordinances or future ordinances.’

Councilmember Bomar said it was her understanding that this request was coming in sooner, and that the Planning Commission suggested the property owner seek some additional land to square up the parcel to make a better design for this project.

Councilmember Hall asked for clarification on the extended stay definition and recommendation, and Mr. Cross responded that Staff recommended not to allow, but the Planning Commission did recommend allowing them.

Larry Milder, COO of the Northpoint Group,6505 Shiloh Road, Alpharetta 30005 came forward to make clarifications on the request. He said the intent is not to have the hotel be a residence type, but explained the need to rewrite the section/definition in our ordinance. They plan to find a good quality operator and run as hotel, but there is a discrepancy on how it is written and they would like the flexibility to offer suites as a type of accomodation.

He also noted that the Northpoint group did put the request in for rezoning last July, and had already started attempting to acquire the adjacent property, but it has taken a very long time. They finally made a deal and ended up paying more per acre in order to accomplish their goals, but this also brought them into the timeframe of the moratorium.

Councilmember Dugan asked if there was an urgency to have this resolved within a certain timeframe before our moratorium study is complete.

Mr. Milder explained that it is extremely important, as they were originally assured by the Planning Commission that the rezoning would take place and be parallel with their contract dates. It is imperative that they move quickly to set a contract date on purchasing the additional land and following through with the loan date. They cannot get the loan without the re zoning. If this does not go through, they will be in breach of their contract.

Councilmember Bomar asked Mr. Milder that, given the circumstances, would they be willing to allow Council to attach a condition that states that whatever is approved is subject to review and adjustment to bring everything into full compliance with the recommendations of the large building study?

Mr. Milder responded that indeed, the same question was raised during the Planning Commission meeting and yes, they would move forward and be more than willing to accept that risk. He was a participant in the study group and feels confident that the recommendations coming forward are in the best interests of the community.

Councilmember Dugan asked if the applicant had requested an extension on the timeframe for closing.

Mr. Milder said that the only way to purchase the property was without any contingencies because it was owned by a very large corporation and was very complicated.

There being no further comments or questions, Mayor Pro tem Mundrick closed the public hearing and called for a motion.

A motion was made by Council member Bomar, seconded by Council member Dugan to approve the ordinance of rezoning modification for Case Z#0222-07 as presented with the recommended conditions, with the following additional stipulations:

That no development permits be issued until the current moratorium regarding buildings in excess of 75,000 square feet has been lifted or expires.
That once the moratorium regarding buildings in excess of 75,000 sq. feet has been lifted or expires, that the approved site plan must be re-submitted to the Director of Planning and Development and the new site plan must incorporate any and all new requirements for any buildings over 75,000 square feet which have been approved by the Duluth City Council.
Revisit the extended stay hotel to ensure that there is no possibility that it will be an extended stay hotel.

Those voting for: Council members Kirouac, Bomar, Dugan and Hall.
Motion carried.
ORDINANCE FOR TEXT AMENDMENT - RESTRICTIONS IN HC - CASE T#0120-07
[postponed indefinitely]
Mayor Pro Tem Mundrick announced that staff requested this public hearing be postponed indefinitely to allow the new Planning Director to do a complete review of the zoning ordinance.

A motion was made by Council member Hall, seconded by Council member Bomar to postpone indefinitely the ordinance of Text Amendment (Case T#0120-07).

Those voting for: Council members Kirouac, Bomar, Dugan and Hall.
Motion carried.

MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
1. ID AWARD - CONTINGENCY REQUEST – $19,380 – CONCRETE CONTAINMENT BERM
  [postponed]
  It was requested to postpone this item.
  
  A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to postpone awarding the bid Monday November 12th.
  
  Those voting for: Council members Bomar, Mundrick, Dugan, and Hall
  Motion carried.
2. CONTINGENCY REQUEST - $16,591.50 - FUNDING FOR TAX EQUITY STUDY
  The Mayor and Council considered City funding for its population share of a Tax Equity Study contracted for by GwMA for its member cities. The amount requested from each city is 75 cents per capita based on the 2000 Census of 22,122 in the City of Duluth (.75 X 22,122= $16,591.50). This is an unbudgeted item and funds would need to come from contingency.
  
  Councilmember Mundrick further explained that this study is to examine services that are provided by the City that the County also provides for unincorporated areas, such as Planning/Zoning, Police, etc. and to prevent double taxation for Duluth residents.
  
  A motion was made by Council member Mundrick, seconded by Council member Bomar to approve the contingency request as presented.
  
  Those voting for: Council members Bomar, Mundrick, Dugan and Hall.
  Motion carried.
OLD BUSINESS
1. BID AWARD - CONTINGENCY REQUEST – $17,472 – CONCRETE CONTAINMENT BERM
  As previously reported, funds are needed to cover the construction of a concrete containment berm at the Public Works Facility. This structure is needed to eliminate runoff from scrap metal items that are disposed of at the dumpsters; it is also required in order for us to comply with our Storm water Pollution Prevention Plan. Three bids were received, Mathias Corp. - $43,500; Puckett Construction - $19,380; and Foundation Concepts - $17,472. Per directive of Council, staff attempted to contact references submitted from the low bidder, Foundation Concepts. Staff conducted on site review of a subdivision development in Forsyth County to review work performed by Foundation Concepts. The developer stated that he never uses anyone else, but provided no additional information. Two attempts by phone to the second reference have resulted in no response. Therefore, based on the quality of work reviewed by staff and reference of the developer staff will recommend the acceptance of the bid from the low bidder Foundation Concepts in the amount of $17,472. Contingency in this amount is requested and if approved would be added to PDP ST-01-08 - account #701-421053175 – Emergency Maintenance.
  
  A motion was made by Council member Kirouac, seconded by Council member Dugan to approve awarding the bid to Foundation Concepts in the amount of $17,472 and subsequent contingency request as presented.
  
  Those voting for Council member Kirouac, Bomar, Dugan and Hall.
  Motion carried.
NEW BUSINESS
1. ORDINANCE TO AMEND THE FY08 BUDGET – CONSULUTANT FOR SOFTWARE
  Mayor Pro tem Mundrick reported that the City’s current financial software is approximately 15 years old, and is not meeting the needs of the City, having problems integrating with other software programs and is causing frustration among staff. Therefore, Staff is considering hiring a consultant to draft a RFP to solicit bids for new financial software for the City.
  
  The City recently received a refund from the Georgia Municipal Association (GMA) as a result of overcharges on GovXpress services (management of internet registrations/payments) which could be available for this consultant cost.
  
  The Mayor and Council considered an ordinance which would amend the FY08 budget in the amount of $10,862 in order to record the GMA refund and increase available funding in the outside consulting for Consolidated Computer Maintenance budget.
  
  A motion was made by Council member Kirouac, seconded by Council member Dugan approve the ordinance to amend the FY08 budget as presented.
  
  Those voting for: Council member Kirouac, Bomar, Dugan and Hall.
  Motion carried.
MATTERS FROM CITIZENS
1. Marline Santiago-Cook, 3958 Bally Castle Court came forward to express her concerns with the lack of participation in Vision 2030 Workshop. She stated that only 54 people were involved in the process and a majority of them did not express opinions or did not attend meeting on the study, and requested that the Council revisit this so that more individuals can be contacted from different age groups, race, and ethnic backgrounds.
  
  Councilmember Bomar noted that the timeline for the submission of this information has been changed and would allow for more comprehensive input. Planning Director Cliff Cross also noted that strategies have been discussed that could improve participation.
MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
1. Councilmember Mundrick thanked Ms. Cook for being a candidate in the 2007 general election. He noted that it was not easy to put oneself in the public eye, and also thanked all the candidates for their support of the TAD (Tax Allocation District). As it was Veteran’s Day, he extended further appreciation to Ms. Cook and her husband as veterans of Desert Storm.
  
  Council member Bomar announced the kickoff of the Statewide Teen Driving Program from Duluth High School on Wednesday November 14th at 9:00 a.m. in front of the 600 building.
  
  Mayor Pro tem Mundrick announced the City’s collection efforts for the Georgia Municipal Association Mayor’s Motorcade and pointed out the collection receptacles. The preferred donation items are also listed on the City’s website.
ADJOURNMENT
1. A motion was made by Council member Bomar, seconded by Council member Hall to adjourn at 8:25 p.m.
  
  All for. Motion carried

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City Council - 12 November 2007 Minutes