City of Duluth, Georgia

February 22, 2010 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
FEBRUARY 22, 2010

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

ABSENT: Mayor Harris, City Administrator (attending GMCFOA awards meeting on behalf of City)

A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening’s agenda items.

OTHER ITEMS DISCUSSED: Downtown properties, lease rates, etc.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
FEBRUARY 22, 2010

Mayor Pro-tem Bomar called the meeting to order at 7:00 p.m.

INVOCATION/PLEDGE: Councilmember Dugan

ANNOUNCEMENTS:
1. DULUTH CITY CLERK TERESA LYNN – CLERK OF THE YEAR
Mayor Pro tem Bomar announced that City Clerk Teresa Lynn was receiving the City Clerk of the Year award from the GGFOA in Athens this evening, and that Mayor Harris and the City Administrator were also attending the meeting in her support.
2. ATLANTA REGIONAL COMMISSION CREATE COMMUNITY AWARD FOR CITY OF DULUTH
Budget and Accounting Manager Ken Sakmar announced that the City won the Atlanta Regional Commission’s “Create Community Award” in the Building and Involvement category. The award recognizes local governments for leadership, excellence and innovation, which Duluth was awarded for the creation of our Citizens Budget Committee. Mayor Pro tem Bomar thanked City staff for the effort that went into producing the program, and announced that the Budget Committee would meet again this year. She also noted that Gwinnett County had modeled a program after ours, called Engage Gwinnett, in order to consider citizen input on government spending.

1. CONSENT AGENDA
   1. APPROVAL OF FEBRUARY 8, 2010 MINUTES
   2. RESOLUTION SETTING TIME AND PLACE OF 2010 COUNCIL MEETINGS [Exhibit “A”]

      Approval of this item approves a resolution amending the schedule for the regularly scheduled Council meetings, which are to be held the 2nd Monday of each month at 7:00 p.m. and an informal work session on the 4th Monday of every month at 5:30 p.m., both at Duluth City Hall, 3167 Main Street. This change becomes effective in March, 2010 and will remain in effect for all of 2010.

   3. ORDINANCE TO APPOINT ALCOHOL REVIEW BOARD MEMBERS [Exhibit “B”]

      Approval of this item approves an ordinance to reappoint current members of the Alcohol Review Board: George Rhode, Keith Wyatt, and Luke Livingston for two-year terms ending 3/31/12.

   4. ORDINANCE TO APPOINT CONSTRUCTION BOARD OF APPEALS MEMBERS [Exhibit “C”]

      Approval of this item approves an ordinance reappointing Frank Miller and Dave Heydinger to the Construction Board of Appeals with terms ending on March 31, 2013, and Brad Hench to fill the unexpired term of Jeff Fagan, term ending 3/31/12.

   5. ORDINANCE TO APPOINT CORE PRESERVATION DISTRICT REVIEW [Exhibit “D”]

      Approval of this item approves an ordinance appointing: Sandra Lamar, term ending 3-31-11; Maxine Garner, term ending 3-31-12, Charles Summerour with terms ending 3/31/13, and Brad Hench to fill the unexpired vacancy Mark Granger, term to expire 3/31/12. One member to be appointed from the Zoning Board of Appeals

   6. ORDINANCE TO APPOINT COMMUNITY BETTERMENT BOARD [Exhibit “E”]

      Approval of this item approves an ordinance appointing Karen Benevelli as the city resident representative to the Community Betterment Board with term ending 3-31-11.

   7. ORDINANCE TO APPOINT ETHICS BOARD MEMBERS [Exhibit “F”]

      Approval of this item appoints current members of the Ethics Board for two-year terms expiring 3/31/12 as follows: (Jones) appoint David Reavis term expiring 3-31-12 and Mike Ballenger to fill the unexpired term of Terri Adkins, term ending 3-31-11; (Whitlock) re-appointment of Matt Reeves, term ending 3-31-12 ; (Mundrick) appoint Andrew E. Holmes, term ending 3-31-12 (Dugan) re-appoint Lisa Pugh, term ending 3-31-12; (Bomar) appoint Rich Daluga, term ending 3-31-12; (Harris) appoint Johnny Phelps, term ending 3-31-12.

   8. ORDINANCE TO APPOINT FINANCE COMMITTEE MEMBERS [removed]
   9. ORDINANCE TO APPOINT MUNICIPAL COURT JUDGES [Exhibit “G”]

      Approval of this item reappoints Kathryn Schrader, Margaret Gettle Washburn, and Lyle Porter as Associate Municipal Court judges, for the City of Duluth for a one year term, said terms to expire on the March 31, 2011.

   10. ORDINANCE TO APPOINT MUNICIPAL COURT SOLICITORS [Exhibit “H”]

       Approval of this item re appoints Russell Bryant as Court Solicitor and Sandra Hicks as Associate Court Solicitors for 2009, said terms to expire on the March 31, 2011.

   11. ORDINANCE TO APPOINT PARKS AND RECREATION ADVISORY BOARD [Exhibit “I”]

       Approval of this item approves an ordinance to reappoint Linda Strange, Matt Reeves, and Matt Morris (alternate) for two year terms ending 3-31-12, and appoints Nicole Love to replace Jeff Cook term expiring March 31, 2012. It also fills the unexpired term of Councilmember Billy Jones with David Jones, term ending 3/31/11.

   12. ORDINANCE TO APPOINT PLANNING COMMISSION MEMBERS [Exhibit “J”]

       Approval of this item approves an ordinance appointing John Bell to fill the unexpired term of Shannon Dodd, term ending 3/31/11, and reappointing Gary Canter, James Johnson, term ending March 31, 2013 and David Marshall term expiring March 31, 2012 as regular voting members of the Planning Commission.

   13. ORDINANCE TO APPOINT ZONING BOARD OF APPEALS MEMBERS [removed]

       A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.

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

       Motion carried.

2. MATTERS FROM COUNCIL
   1. ORDINANCE TO APPOINT FINANCE COMMITTEE MEMBERS [postponed]

      Approval of this item approves an ordinance to reappoint Finance Committee member Bradley Carroll and appoint new member John Moore, terms to expire March 31, 2012. Approval also appoints Councilmember Greg Whitlock as a member of the governing body.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to postpone this item.

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

      Motion carried.

   2. ORDINANCE TO APPOINT ZONING BOARD OF APPEALS MEMBERS [Exhibit “K”]

      Approval of this item approves an ordinance appointing Kathy M. Calloway and Marline Santiago-Cook to Zoning Board of Appeals, terms to expire March 31, 2013.

      A motion was made by Councilmember Whitlock, seconded by Councilmember Jones, to approve the appointment for the Zoning Board of Appeals members as presented.

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

      Motion carried.

3. PUBLIC HEARINGS
   1. ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE–ARTICLE 24–CASE T#0127-10

      CITY OF DULUTH AMENDMENT: OVERLAY MAP MODIFICATION

      [Exhibit “L”]

      Mayor Pro tem Bomar opened the public hearing.

      This public hearing is to consider modification of Article 24 of the City’s Official Overlay District Boundaries Map by removing four parcels from its boundaries. This adoption of this Ordinance, to amend to Article 24, would remove parcel numbers 6293-075, 6293-077, 6264-077 & 7161-121 from the City’s Official Overlay District Map.

      Planning Director Cliff Cross came forward and displayed a map of the subject property. He showed the surrounding zonings and explained that it makes sense that it should stop at a consistent use boundary to ensure that the intent of the original Article 24.

      The Planning Commission recommended approval of the proposed Article 24 amendment by a 5-0 vote during their regularly scheduled meeting on February 15, 2010.

      Mayor Pro tem Bomar called for discussion from Council and the public.

      There being no comments, Mayor Pro tem Bomar closed the public hearing and call for a motion.

      A motion was made by Councilmember Whitlock, seconded by Councilmember Mundrick, to approve the ordinance to amend the Duluth Zoning Ordinance for Case T#0127-10 as presented.

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

      Motion carried.

   2. ORDINANCE OF REZONING – R-100 to O/I – CASE Z#0227-09

      MANTON BROTHERS, LLC. PARCELS 6-267-077 & 7-161-121

      [Exhibit “M”]

      Mayor Pro tem Bomar opened the public hearing to consider a rezoning request from R-100 (single family residential) to O-I (Office/Institutional).

      Planning Director Cliff Cross came forward to present a modified rezoning request. He came forward and displayed a map of the subject property and surrounding areas, as well as an architectural rendering of the proposed project. He explained that this request only impacts the two parcels and that the Georgia Power property would have to be rezoned under a separate action if the applicant intended to utilize that property for this business as well.

      Mr. Cross further noted that the Planning Commission has recommended approval of the modified request to rezone the property to O-I subject to the following conditions:

      1. All site and architectural lighting shall be directed on-site and shall cause minimal light trespass upon adjoining properties or public rights-of-way.

      2. Site development shall be based upon an approved rezoning site plan that shall be substantially the same as that submitted to the Department of Planning and Development and dated 11/18/2009.

      3. Architectural elements and renovations shall be based upon an approved architectural plan and substantially the same as that submitted to the Department of Planning and Development and date 11/18/2009.

      4. All outdoor storage of materials shall be sufficiently screened and shall not be visible from any public rights-of-way.

      5. Granting of a conditional use permit to allow for the operation of a contractors office with outdoor storage.

      The Planning Commission recommended approval of the request for rezoning and the issuance of a conditional use permit by a 5-0 vote during their regularly scheduled meeting on February 15, 2010.

      Based on the character areas in the Future Land Use plan, O/I is designated as appropriate. Mr. Cross also reported that a representative from the adjacent church who appeared at the Planning Commission public hearing did not speak in opposition to the rezoning; he just wanted to ensure that the change in zoning would not accommodate other uses of the property such as a gas station, etc.

      Applicant Blake Manton of 633 Sunset Drive came forward and noted that he is working with Georgia Power for rezoning the other pieces.

      Mayor Pro tem Bomar noted that until that piece is officially brought before Council, there is no way to tell what the outcome of a rezoning request would be; they are two freestanding actions.

      Mr. Manton said he understood and was not moving forward with the project until all items were completely worked through.

      There being no further comments, Mayor Pro tem Bomar closed public hearing and call for a motion.

      A motion was made by Councilmember Whitlock, seconded by Councilmember Mundrick, to approve the ordinance to amend the Duluth Zoning Ordinance for Case Z#0227-09 as presented.

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

      Motion carried.

4. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. RESOLUTION/APPLICATION – ARC COMMUNITY CHOICES/QUALITY GROWTH

      [Exhibit “N”]

      Planning Director Cliff Cross brought a resolution for Council’s consideration, to apply for the Atlanta Regional Commission Community Choices/Quality Growth assistance program, which requires official approval.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Whitlock, to adopt the resolution with the following change in the fifth paragraph: Now, therefore be it resolved by the Mayor and Council that the City of Duluth City Council submits an official “Community Choices/Quality Growth Implementation Assistance Program “ application, etc.

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

      Motion carried.

5. EXECUTIVE SESSION – REAL ESTATE, POTENTIAL/PENDING LITIGATION, PERSONNEL

   A motion was made by Councilmember Whitlock, seconded by Councilmember Dugan, to adjourn to executive session.

   All for. Motion carried.

   After the discussion, a motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to reconvene into regular session.

   All for. Motion carried.

6. ADJOURNMENT

   A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to adjourn the regular meeting.

   All for. Motion carried. Meeting adjourned.