City Council - 28 January 2008 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

6:00 P.M. – WORK SESSION Main Street Conference Room

PRESENT:
Mayor Lasseter, Mayor Elect Harris, Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock, City Administrator, Department Directors, City Attorney

Mayor Harris spoke about the concerns she heard while campaigning and how best to address them. She said she wanted to spend the first year of her term getting to know the internal operations and learning about all related documents, policies and procedures which she feels will help her better understand how the City operates.

Discussion was held about the annual strategic conference and the comprehensive plan. Mayor Harris said that the entire operations of the City will be a learning process her first year, and hope that she will earn the right to be heard by the Council.

Agenda items:
Council member Hall announced that he would be abstaining from voting on Consent Item 4, resolution for banking services, due to his wife being an employee of one of the banks listed. Council agreed to move this from “Consent Agenda” to “Matters from Council.”

Council member Bomar announced that she would be abstaining from voting on the text amendment for T#0121-07, which would allow buildings zoned "Central Business District' to abut up to the property line, due to possible conflict of interest since she is one of the property owners in the Central Business district.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

ANNOUNCEMENTS:
Council member Mundrick recognized and presented to Councilmember Hall two awards recognizing his continuing education. Council member Hall participated and completed 72 hours of educational courses thru the Georgia Municipal Association.

1. CONSENT AGENDA
   1. APPROVAL OF JANUARY 14, 2008 MINUTES
   2. RESOLUTION EXTENDING HIGWAY-COMMERCIAL (HC) MORATORIUM [Exhibit “A”]
      As approved on July 9, 2007 and extended on November 26, 2007, the temporary moratorium on accepting special use permits and special conditional permits for the Highway Commercial (HC) district is currently set to expire on January 31, 2008. Approval of this item extends the time for expiration to April 30, 2008, as well as halting all regular permitting for the HC district during this time period. Planning Staff discussed with the Planning Commission on January 25, 2008, and they had no objections.
   3. ORDINANCE TO AMEND THE FY08 BUDGET - $140,000 –HWY 120 SIDEWALKS & REALIGNMENT [Exhibit “B”]
      As authorized by Council on August 13, 2007, contracts for engineering for the realignment of SR120, the Gateway improvement project at Buford Highway and Highway 120, and SR 120 sidewalks was approved with Kimley-Horn. The work for the Gateway project (CD-57) was covered in the FY08 budget with 2005 SPLOST. The SR 120 realignment (CD-46) was allocated in the FY09 budget with 2001 SPLOST specifically designated for 120 improvements. The SR 120 sidewalks (CD-58) were budgeted for FY09 as well. As the work is ready to begin this year, approval of this item approves an ordinance to amend the FY08 budget to bring project expenses originally allocated in the FY09 budget back to FY08 for the Highway 120 road projects from the 2001 County SPLOST fund allocation.
   4. RESOLUTIONS – DEPOSITORIES AND CHECK SIGNING AUTHORITY (Moved to Matters From Council)
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to approve item (s) 1, 2, and 3 of the consent agenda, and to transfer item 4 to “Matters from Council and Department Heads” for discussion later in this meeting.
      
      Those voting for: Council members Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
2. public hearing
   1. ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE T#0121-07 [Exhibit “C”]
      Mayor Harris opened the public hearing to consider the ordinance to amend the Duluth zoning ordinance for case T#0121-07.
      
      Council member Bomar explained that she would not be taking part in the discussion due to possible conflict of interest.
      
      Planning & Development Director Cliff Cross came forward to state that this public hearing is to consider a text amendment to 1213 9 (b) of the City of Duluth Zoning Ordinance to reduce the required rear setback within the CBD (Central Business District) zoning to zero when abutting railroad in order to remain consistent and utilize the lots. The Planning Commission reviewed and recommended approval on December 10th.
      
      Susan Wilson of 3817 Medfield Place came forward and asked where the boundaries for the downtown Core Business District were.
      
      Planning Director Cliff Cross explained that the downtown Core Business District was made up of the areas along Main Street to Hill Street and along SR 120 (Abbotts Bridge Road).
      
      Councilmember Dugan asked for clarification and felt that the language should be changed to reflect a zero rear setback from 15 feet to zero for properties “abutting a railroad right-of-way.”
      
      There being no further comments or questions, Mayor Harris closed the public hearing and called for a motion.
      
      A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to approve, the ordinance with changes noted.
      
      Those voting for: Councilmembers Dugan, Hall, Mundrick and Whitlock
      Those abstaining: Councilmember Bomar
      
      Motion carried.
3. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. RESOLUTIONS – DEPOSITORIES AND CHECK SIGNING AUTHORITY
      Approval of these resolutions designates the following banks as authorized depositories and designates check signing authorities for each: BB&T (regular accounts and police forfeiture accounts), Quantum National Bank, Flagstar, Atlantic States, SunTrust, RBC Centura, Gwinnett Community, The Peachtree Bank, Brand Banking, Peoples Bank, First National, Colonial Bank, and Wachovia.
      
      A motion was made by Council member Bomar, seconded by Council member Dugan to approve the resolutions as presented.
      
      Those voting for: Council members Bomar, Dugan, Mundrick, and Whitlock
      Those abstaining: Councilmember Hall
      
      Motion carried.
4. EXECUTIVE SESSION – REAL ESTATE, PENDING/POTENTIAL LITIGATION, AND PERSONNEL
   1. A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to adjourn to executive session to discuss Real Estate, Pending-Potential Litigation and personnel matters at 7:20 p.m.
      
      Those voting for: Council members Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
      
      After the discussion, a motion was made by Councilmember Mundrick, seconded by Councilmember Whitlock, to return to regular session at 8:25 p.m.
      
      Those voting for: Council members Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
5. ADJOURNMENT
   1. A motion was made by Councilmember Bomar, seconded by Councilmember Mundrick, to adjourn at 8:25 p.m.
      
      All for. Motion carried unanimously.