City of Duluth, Georgia

January 25, 2010 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
JANUARY 25, 2010

PRESENT: Mayor Harris, Council members Bomar, Dugan, Jones, Mundrick and Whitlock, City Administrator, Department Directors, City Attorney

A work session was held prior to the regularly scheduled meeting to allow discussion time for 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
JANUARY 25, 2010

Mayor Harris called the meeting to order at 7:00 p.m.

INVOCATION/PLEDGE: Rev. Dick Baker
WELCOME RESIDENTS: Barkley Square/Nesbitt Crossing

ANNOUNCEMENTS:
Mayor Harris announced that the City won the Atlanta Regional Commission’s “Community Building Project Award” for the creation and participation of the Citizen’s Budget Committee.

Mayor Harris displayed new signage recognizing “Home of the 1980 Heisman Trophy Winner George Rogers,” and announced that they will be posted at the entrances into the city limits of Duluth.

Council member Bomar announced and invited everyone to the first annual Valentine’s event to be held on February 13th at the Red Clay Theatre. Tickets are $20.00 per person.

Mayor Harris expressed her thanks to Council member Dugan for serving as Mayor Pro tem for 2009.

1. CEREMONIAL MATTERS
   1. OATH OF OFFICE – COUNCIL MEMBER BOMARJudge Barrett administered the oath of office to Councilmember Marsha Anderson Bomar for her four-year term for Post
   2. EMPLOYEE RECOGNITION – JOHN KEATINGThe Mayor and Council recognized Parks & Recreation employee John Keating for earning the American Heart Association’s “Heart saver Hero Award,” which he received for saving the life of a local senior citizen by using the Heimlich maneuver. Parks Director Kathy Marelle thanked the City’s Human Resources Department for providing the training which she attributed to the saving of life.
   3. ACCEPTANCE OF DONATION –ARTWORK – DANIEL AUSTINDaniel Austin, Artist, presented his large scale pencil drawing of City Hall to the City of Duluth.
2. CONSENT AGENDA
   1. APPROVAL OF JANUARY 11, 2010 MINUTESA motion was made by Councilmember Whitlock, seconded by Councilmember Mundrick, to approve the Consent Agenda as presented.

      Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock

      Motion carried.

3. NEW BUSINESS
   1. ACCEPTANCE OF FISCAL YEAR 2009 AUDIT REPORT [Exhibit “A”]Finance Committee Chairman Bradley Carroll presented a recommendation for the acceptance of the FY09 Audit Report of the City’s financials prepared by Mauldin & Jenkins and presented in detail to the Finance Committee on January 14, 2010. The auditors gave an unqualified opinion, which means a “clean” report, with no significant findings. They reported excellent cooperation by City staff and management, and the new software will offer more controls in place regarding further recommended segregation of duties. A copy of the FY09 audit Report entered, attached and shown as Exhibit A being made part of these minutes.

      Councilmember Bomar thanked the City staff for their hard work in maintaining the City’s finances, and Councilmember Dugan thanked Mr. Carroll for his participation on the Finance Committee. Mr. Carroll also announced that there was a vacant position on the Finance Committee at this time.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve and accept the FY09 Audit Report as presented.

      Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock

      Motion carried.

4. PUBLIC HEARING
   1. ORDINANCE OF REZONING – R-100 to C-2 – CASE Z#0227-09MANTON BROTHERS, LLC. PARCELS 6-267-077 & 7-161-121 [postponed]

      Mayor Harris opened the public hearing. Planning and Development Director Cliff Cross came forward to explain that this public hearing is to consider an ordinance of rezoning for parcel numbers 6-264-077 and 7-161-121 from R-100 Single-Family Residential to C-2 General Business District in order to operate a contractor’s office on the subject site by adapting and expanding an existing structure. The property was the location of the former Gwinnett County Fire Station #7 that was recently abandoned, located at 3288 Duluth Highway. This is the last parcel to be included at the edge of the Buford Highway Overlay District.

      Mr. Cross said that the property was purchased by the applicant, who desires to operate his landscaping business, ImageScapes, from the location. The proposed development is contained within a site with an area of +/- 1.94 acres along Duluth Highway. The plan calls for the adaptation and expansion of a single-story building with a current total floor area of 3,100 square feet. The proposed expansion totals 4,500 square feet thus making the total finished floor area of the building as shown on the plan 7,600 square feet. The plan also calls for the use of a lease area on the property adjacent to the north and owned by Georgia Power. The applicant is proposing to use this lease area as a location to park commercial vehicles such as landscaping trucks, front-end loaders and other materials related to the site and landscaping trade.

      Mr. Cross further explained that the lot is challenged due to its topography and the unbuildable adjacent parcels. He explained that there are other options for zoning available that would allow this project to proceed, and that an amendment of Article 24 to change the overlay district requirements would be possible, since the district forces certain architectural standards and does not allow outdoor storage. The waivers that the applicant was seeking were mostly tied to the overlay district designation, but this property, since it already presents development issues, is not crucial to remain part of the overlay area.

      Based on the request to zone C-2, the Planning Commission recommended denial of the request by a 5-0 vote. The C-2 designation was clearly inconsistent with the Future Land Use of the 2030 Comprehensive Plan. Based upon this denial there was no formal action taken on the waiver requests.

      Mr. Cross said that if the property were to be rezoned as public office/institutional, an allowed usage for O/I is for contractor offices which allow for outdoor storage in this particular character area.

      Council member Mundrick asked about the zoning for the adjacent Georgia Power Property.

      Mr. Cross confirmed that it is currently C-1, and said that a more appropriate class for that property is M-1 to allow for outdoor storage. C-I does not allow for outdoor storage and the applicant would need to work with Ga. Power to request a waiver or rezoning of property.

      Councilmember Mundrick asked that if the four waivers were moot at this point, if the property was zoned O/I, what waivers would be needed?

      Mr. Cross responded that those waivers were based on the fact that it was included in the overlay district. If this property is removed, then the only issue is the outdoor storage, which requires a conditional use that can be granted by the Zoning Board of Appeals.

      City of Duluth Planning Commission Chairman, Greg Locke of 2675 Town Village Drive, came forward to explain that the options presented to the Planning Commission on December 7th gave them no choice but to deny based on the requested zoning. Everyone on the Commission voiced support for the project, but did not want to open the door for other action. Mr. Locke suggested that if the City could find a way to expedite the process under the O/I designation and rule on the conditional use fairly rapidly, he would be in support of the request.

      Owner and applicant Blake Manton of 633 Sunset Drive, Norcross, came forward and stated that he had no problem with changing the zoning request; he just wanted to utilize the property with his business and make sure it would be aesthetically pleasing to the community (since that is part of his business). The property is limited in what other options can be built. He offered to keep up the grounds of the adjacent cemetery as well, which has been neglected since the Fire Department moved out.

      Councilmember Mundrick asked Mr. Manton if he would you still build as planned if the Georgia Power land didn’t work out.

      Mr. Manton said he already has a ground lease with GA Power, and that he needs that property, as his business absolutely requires the ability to have outdoor storage.

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

      A motion was made by Councilmember Bomar, seconded by Councilmember Mundrick, to postpone the ordinance of rezoning for Case Z#0227-09 as presented and to further direct the staff to explore other options that have been discussed.

      Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock

      Motion carried.

5. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. RESOLUTION – COMMUNITY DEVELOPOMENT BLOCK GRANT AWARD – $184,000 DONAVILLE STREET – SEGMENT B IMPROVEMENTS (B-10-UC-13-0004 DUL-10-1264)[Exhibit “B”]

      Planning Director Cliff Cross requested Council to consider approving a resolution as submitted by Gwinnett County Community Development Program for the acceptance of an FFY 2010 Community Development Block Grant (CDBG) Award in the amount of $184,000 for Donaville Street – Segment B Improvements. The 2010 CDBG funds are awarded for use in conjunction with other funds to be provided by Duluth to permit completion of the project.

      Councilmember Mundrick asked about the remaining projects for the CDBG funding.

      Mr. Cross stated there are five phases left, mainly for work on secondary streets. The three phases of Donaville, Jones and Apartment Streets are left. A majority of the CDBG improvements for the Hill area have been completed.

      A motion was made by Council member Bomar, seconded by Council member Whitlock to accept and approve the resolution and to further authorize the Mayor and City Clerk to execute documents as presented.

      Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock

      Motion carried.

6. ADJOURNMENTA motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to adjourn at 7:45 p.m.

   All for. Motion carried unanimously.

MAYOR HARRIS ANNOUNCED THAT THERE WOULD BE A WORK SESSION HELD AFTER THE MEETING IN THE MAIN STREET CONFERENCE ROOM, AND THAT THE PUBLIC WAS INVITED TO ATTEND.

POST COUNCIL MEETING WORK SESSION
CITY OF DULUTH, GA
JANUARY 25, 2010

1. BOARD/COMMISSION APPOINTMENTS
   Annual Board/Commission appointments were discussed. No official action was taken.

   Meeting adjourned at 9:10 p.m.