City Council - 10 December 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

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

Mayor Shirley Fanning-Lasseter called the meeting to order at 6:45 p.m.  

1. EXECUTIVE SESSION – PENDING LITIGATION
   A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar to adjourn to executive session to discuss pending litigation at 6:45 p.m.
   
   All for. Motion carried unanimously.
   After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Hall, to return to regular session at 7:00 p.m.
   
   Motion carried unanimously.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

1. ANNOUNCEMENTS
   1. DOWNTOWN HOLIDAY HAPPENINGS
      Mayor Lasseter announced that “ It’s a Wonderful Life” will be performed at the Red Clay from December 6th through the 23rd. This was also the first year of “Duluth Hometown Holidays” which was a collaborative effort among the downtown merchants and Staff, with holiday activities and performances, and included vendors and kiosks as well as extended holiday shopping hours. A Radio Disney Concert will be held on December 23rd. Councilmember Bomar announced that many of the vendors are still set up at the end of the Red Clay building, and “Jingle Mingle” will be held on Main Street on Thursday the 13th in the evening.
2. CEREMONIAL MATTERS
   1. PROCLAMATION – RICK CASE “BIKES FOR KIDS” DAY
      Mayor Lasseter proclaimed December 10th as Rick Case “Bikes for Kids Day” in the City of Duluth. This program is now in its 26th year, and she encouraged citizens to donate gently used bicycles to support this project.
   2. RECOGNITION—DULUTH HS CLAW SQUAD STATE CHAMPIONS
      The Mayor and Council recognized Duluth High School’s Co-Ed Varsity Competition Cheerleading Squad, C. L. A. W. Squad, who won the 2007 Georgia High School State Cheerleading Championship in Columbus on Saturday, November 10th. This is the third time the team has won a state championship. The team was previously named 2007 Georgia Team of the Year by Cheer Ltd and 2007 Georgia Team of the Year by Georgia Cheerleading Coaches Association.
   3. APPRECIATION FOR CHRISTMAS TREES
      Mayor Lasseter expressed appreciation to Rick Duel of Custom Woodcarvings for his donation of the Christmas trees to City Hall and Bunten Road Park.
   4. REQUEST FOR SUPPORT – OPEN HEART UNIT FOR GWINNETT HOSPITAL SYSTEM
      Mayor Lasseter noted that letters of support were being requested for an open heart surgery unit at Gwinnett Medical in Lawrenceville. Gwinnett is the largest county in the state that does not have an open heart unit. She asked the citizens to show support and stressed the need for this service in our community.
   5. GWINNETT SEXUAL ASSAULT CENTER (GSAC) UPDATE
      Mr. Dan Duffy from the Gwinnett Sexual Assault Center came forward and read a letter GSAC received from the Gwinnett Hospital system declining their request for space at the former Joan Glancy site. Mayor Lasseter noted that the City would continue to look out for possible space but that in the meantime, Dave Heydinger of the Mathias Corporation has offered to fix the sewer problems at GSAC.
3. CONSENT AGENDA
   1. APPROVAL OF NOVEMBER 26, 2007 MINUTES
   2. RESOLUTION—AUTHORIZATION FOR SUBMISSION—SOLID WASTE MANAGEMENT PLAN
      [Exhibit “A”]
      Approval of this item approves a resolution to submit a proposed 10 year update to the Comprehensive Solid Waste Management Plan for Gwinnett County, Duluth, and other cities in Gwinnett County.
   3. CERTIFICATION OF 2007 RUNOFF ELECTION RESULTS
      Approval of this items certifies the following Runoff election results for Council Post 5: Maxine Garner - 280, Greg Whitlock – 337.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan to approve the Consent Agenda as presented.
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      
      Motion carried.
4. PUBLIC HEARING
   1. ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE—LARGE SCALE DEVELOPMENT
      [continued December 17th]
      Mayor Lasseter noted a letter received from Mr. Jeff Cook asking if Council thought that Mrs. Anderson-Bomar should recuse herself from voting on this matter due to her affiliation with the Council for Quality Growth. City Attorney Lee Thompson responded that this ordinance does not apply to one particular parcel but rather represents city-wide policy, and Ms. Bomar has no personal gain in this situation. Therefore, he feels there is no legal conflict and no reason for her to abstain from voting on this matter.
      
      Mayor Lasseter opened the public hearing and called forward Planning Director Cliff Cross.
      
      Mr. Cross presented another version of the ordinance with changes as requested by Council and from comments received from the public. He reviewed in particular changes to Article 3 and Article 6 and said that every effort had been made to address all the previously mentioned concerns. Specifically, Mr. Cross distinguished definitions for abutting, adjoining and contiguous. He recognized concerns about the definition of façade from Smart Growth Gwinnett, clarified requirements for Land Development applications, defined Quik Brick, and addressed uniform appearance.
      
      Mr. Cross referenced Section 3 text amendments in article 615, clarifying all uses, outlining provisions associated with outdoor dining and seating (indicated that it would be permitted as an accessory use subject to certain provisions, regarding parking, outdoor space in relation to overall seating capacity, fire marshal approval, and whether or not to address restrictions on alcohol sales.) He noted that Outdoor storage had already addressed per regulations of the current ordinance.
      
      Also outlined were architectural and design standards for large scale developments, defining primary,secondary and prohibited materials. Mr. Cross said that Quik Brik would be allowed as a secondary material only, and it can allow for 15 % of the façade. The unified theme would also be required of developments over 75,000 square feet that consist of more than one primary building, and any variations would need to run through the ZBA for a variance (on a case by case basis.)
      
      Fenestration was discussed and 50/30 was the original proposed requirements in terms of non-reflective glass, etc. Mr. Cross recommended going with the minimums; any variation to fenestration would need to go to ZBA. For blank walls not longer than 50 feet, if there were a hardship due to topography, etc., this could be waived by the Planning Director if there was a determination that it was due to unusual site conditions, or again the option of ZBA variance approval could be offered.
      
      Mr. Cross noted that the roof section was completely new and read the requirements. He discussed variations in rooflines, features that complement the architectural and visual character of adjoining neighborhoods, and roof plains and parapet walls. Concealment of rooftop equipment and overhanging eaves were addressed as well as sloping roofs and roof types.
      
      Also discussed were: parking for bicycles, traffic studies, driveway spacing standards, land use transition, and community amenities in lieu of open space requirements. Mr. Cross mentioned fenestration within
      
      MM1 and M2 districts and what would be practical by usage. He noted guidelines for screening mechanical equipment from abutting residential property, discussed outdoor lighting (which reverts back to the Zoning Ordinance) and noise (which reverts back to the current Code of ordinances.)
      
      Mr. Cross outlined procedures for applications, and said that that plans submitted for permitted projects (that do not have to come before Mayor and Council) will be made available on the city website for a period of 10 days for public comment.
      
      
      Mr. Cook of Smart Growth Gwinnett questioned whether Council planned to approve the ordinance at this meeting. Mayor Lasseter explained that the intent was to listen to what was presented and make the best decision on the information given.
      
      Mr. Cook asked if it would be possible to go over all of the changes with the Director of Planning since this draft was posted at 5:00 p.m. He noted a previous suggestion from Smart Growth regarding “checks and balances” and wanted to ensure that the Zoning Board of Appeals was the deciding body when appropriate. He also asked for clarification on the roof standards, and said that the community impact statement was a critical pre-approval analysis of part of every large development and suggested contacting future neighbors through homeowner’s associations.
      
      Mr. Cross then explained the criteria that would trigger a community impact statement to be required at the time of the submission of the application.
      
      Mr. Cook also questioned whether the community amenity ratio was enough, and also asked about the developers’ option to pay to reduce green space to make sure these two concepts are compatible.br />
      HHe also stated that Smart Growth Gwinnett would like to see the “exit strategy” in place prior to the adoption of the ordinance.
      
      Mayor Lasseter asked for others wishing to speak from Smart Growth Gwinnett.
      
      Jack McGovern of 4131 Glen Vista Court came forward regarding the definition of “abutting.” He stated that in legal parlance, it refers to “contiguous parcels of property that share a common boundary line” and felt that could potentially be confusing. A general discussion followed on the definition of “abutting” vs. “contiguous.” Mr. McGovern also noted the importance of requests for deviation from the ordinances be submitted to the ZBA rather than having an individual level of approval, such as the Planning Director.
      
      Mayor Lasseter recognized Mr. Ed Wilson of 3817 Medfield Place, Duluth, who came forward with concern about the property potentially being developed as the Pearl Shopping Center. He asked about the driveway spacing standards in relation to speed limit on Peachtree Industrial Blvd. and possibly lengthening that distance. He also mentioned the parking ordinance figure 616 number 3, and requested matching the ordinance which would require the landscape strip buffer to be 10 ft. wide.br />
      HHe also discussed requirements for a number of cross landscape strips to break up the parking lots.
      
      Jerry Pressley, policy analyst with the Council for Quality Growth (CQG) came forward to highlight several issues of concern. He referenced the “checks and balance process” and encouraged Council not to hinder Staff’s freedom to provide professional assessments and recommendations, as this will have a long term negative impact on the community. He stated that the CQG supports an architectural review board to help maintain the character of the community and address impacts of large scale developments, but to create a successful public involvement process by making changes readily available to the public as quickly as possible.
      
      Mr. Pressley also questioned the storm water management section of the ordinance as it relates to the maximum impervious surface and asked if the building footprint was included in limiting the impervious surface to 75 percent. He expressed concern that property might be considered unbuildable as a result of this. Further, he encouraged Council to carefully consider the concept of having any new commercial development containing a residential abutment to any existing residential area as the market affects this greatly.
      
      Councilmember Mundrick commented on the land use action and the storm water management.
      
      Kathy Ramaday of 3920 Lake Burton Dr. came forward to comment on the earlier statement regarding Ms. Bomar’s participation, and felt that it still may be appropriate for Ms. Bomar to recuse herself if there is an appearance of a conflict of interest.
      
      Ms. Sam Tan of 3592 Thornebrooke Place expressed concern about the large scale study and referenced the stringent development regulations in Alpharetta, noting the “high end” developments arising there.
      
      Vince Michels of 2384 Lake Villas Lane came forward and referenced several recent examples of development in the City that he felt were undesirable, and felt that more discussion on this ordinance was necessary. He expressed concern over fenestration, topography issues, and the community impact statement as presented.
      
      Mayor Lasseter introduced Tom Wheeler and noted that along with Scott Hudgens, Mr. Wheeler was responsible for much of the quality development along Peachtree Industrial that was completed before building requirements even put in place. Mr. Wheeler then mentioned the Hudgens home place, which is 110 wooded acres at the corner of Peachtree Industrial and Pleasant Hill Road that was originally part of 2,500 acres and has been zoned C-2 since the 1970s. His concern about the ordinance was that it had been put together too quickly as a result of the Wal-Mart request, and feels that it discriminates against those who have delayed development of their property.
      
      Mr. Wheeler said that regarding many of the previous developments they previously completed, they already had very stringent restrictions to lessen density, minimize noticeable signage, and emphasize landscaping and irrigation, well before any ordinances were in place requiring them to do so. He expressed concern that the ordinance would limit development, and urged the Council not to go forward with the ordinance as he felt it needed more work. He noted the many properties gifted to the City by the Hudgens family, and he felt the ordinance discriminated against large landholders and people who planned well and gave back to the City.
      
      Mayor Lasseter asked Mr. Wheeler if he would review the ordinance with Mr. Cross after changes were made based on other items brought before Council this evening. She suggested holding a special called meeting on Monday December 17th to discuss a final draft and ensure a proper balance in the ordinance prior to adoption.
      
      Mayor Lasseter asked for a motion postponing the ordinance to amend the Duluth Zoning Ordinance on Large-Scale Development to Monday, December 17, 2007.
      
      A motion was made by Councilmember Dugan, seconded by Councilmember Mundrick, to postpone the ordinance to amend the Duluth Zoning Ordinance.
      
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
      
      Mayor Lasseter called for a motion for a continuance on the public hearing on the ordinance to amend the Duluth Zoning Ordinance for Large-Scale Development.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to continue the public hearing until Monday, December 17th at 7:00 p.m.
      
      Mr. Mundrick further noted that he had been through the ordinance many times and the current proposal for the roof issue is still rather unclear.
5. OLD BUSINESS
   1. GWINNETT SEXUAL ASSAULT CENTER UPDATE
      This item was previously discussed under Ceremonial Matters.
6. NEW BUSINESS
   1. COST OF LIVING ADJUSTMENT (COLA) FOR 2008
      The Capital Reserve and Retirement Benefits Investment Committee recommended a 3 % Cost of Living Adjustment (COLA) be approved effective January 1, 2008. This recommendation is based on the Atlanta Consumer Price Index (CPI) of 4.8% for the 12 months ending October 2007 as reported by the U.S. Department of Labor, Bureau of Labor Statistics. Prior COLA adjustments are below the Atlanta Metro average and Duluth is already experiencing competition for labor from Johns Creek and the City of Milton. The 3% COLA has already been budgeted and therefore would not require any budget adjustments.
      
      A motion was made by Council member Dugan, seconded by Council member Hall to approve the 3% Cost of Living adjustment for the City employees effective the first pay period of January 2008 as has been recommended by the Finance Committee.
      
      Those voting for: Council member Kirouac, Bomar, Mundrick, Dugan and Hall.
      Motion carried.
7. MATTERS FROM COUNCIL/DEPT. HEADS/CITY ATTORNEY
   1. RESPONSE TO ETHICS CONCERN –VOTING ON LARGE SCALE DEVELOPMENT ORDINANCE
      Councilmember Bomar addressed citizen concern regarding a potential conflict of interest and ethics in deliberation of the Large Scale Development Ordinance, and said she would not hesitate to recuse herself if she felt there was any conflict. She said that she would not be performing her duty to the City if she did not lend her expertise and noted that she remains very careful and objective.
   2. APPRECIATION FOR TRAINS
      Mayor Lasseter thanked the North Georgia Steamers for the miniature ride-on trains used during holiday weekends.
   3. PERFORMANCE COMPENSATION – CITY ADMINISTRATOR
      Councilmember Mundrick noted that the performance evaluation review for City Administrator Phil McLemore had been delayed for several months.
      
      A motion was made by Council member Mundrick, seconded by Council member Hall to raise Mr. McLemore’s pay by 2 %, effective October 1, 2007 of grade 41 step 9, making his permanent annual salary effective on that date to be $95,376.
      
      Those voting for: Council member Kirouac, Mundrick, Dugan and Hall.
      Those voting against: Council member Bomar
      
      Motion carried.
8. EXECUTIVE SESSION—REAL ESTATE, PENDING LITIGATION AND PERSONNEL
   1. A motion was made by Council member Mundrick, seconded by Council member Kirouac to adjourn to executive session at 9:20 p.m.
      
      All for. Motion carried unanimously.
      
      After the discussion, a motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to return to regular session at 10:00 p.m.
      
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
9. ADJOURNMENT
   1. A motion was made by Councilmember Hall, seconded by Councilmember Kirouac, to adjourn at 10:00 p.m.
      
      All for. Motion carried unanimously.