April 12, 2010 Minutes
WORK SESSION OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
APRIL 12, 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 regular scheduled meeting to allow the elected officials to discuss 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
APRIL 12, 2010
Mayor Harris called the meeting to order at 7:00 p.m.
INVOCATION/PLEDGE: Pastor Victor Massey, Life Church
ANNOUNCEMENTS:
Mayor Harris was featured in the April 2010 Q&A section of the Metro Atlanta Mayor’s Association magazine, which is an affiliate of the Georgia Municipal Association.
- CONSENT AGENDA
- APPROVAL OF MARCH 8, 22 and 29th MINUTES/NOTES
- RESOLUTION AUTHORIZING DOT CONTRACT–DAVENPORT SIDEWALKS [Exhibit "A"]
Approval of this item authorizes the Mayor to enter into a contract with the Georgia Department of Transportation to certify the availability of funds to move forward with the letting/ construction of the Davenport Sidewalk project (P.I. Number 0008147), CD 23-10. - ORDINANCE TO AMEND THE DULUTH CODE – FINANCE COMMITTEE (removed)
- ORDINANCE TO AMEND THE DULUTH CODE – FSA MILEAGE REIMBURSEMENT [Exhibit "B"]
Approval of this item approves an ordinance to clarify that all mileage reimbursement will be set by ordinance in accordance with Internal Revenue Service guidelines. - CONTRACT AGREEMENT – DULUTH FINE ART LEAGUE – LIVING HONORARIUM [Exhibit "C"]
Approval of this item authorizes the City Administrator and City Attorney to draft a contract agreement with the Duluth Fine Arts League for the design/ build of the Living Honorarium (previously titled the “Living Memorial”) for execution. (Amended during work session.) - AUTHORIZATION AND WAIVERS – 2010 CITY EVENTS
The following downtown events are deemed sponsored by the City of Duluth for 2010. Approval of this item waives food service requirements per Section 26-2-370 of the Official Code of GA, which exempts food vendors from having to obtain said permits provided that the event lasts 120 hours or less. It also waives signage fee and location requirements provided that the City Clerk and Public Works Director are given a list of where signs will be erected throughout the City for promotion of approved events. (Alcohol will be permitted only for events or portions of events denoted with asterisks.) The following are scheduled events thus far:General/Special Events:
Duluth’s European Market (April 17th – October 16th; 3rd Saturday of each month)
Barefoot in the Park Fine Arts Festival** (May 8th and 9th)
Memorial Day Services (May 29th)
Duluth Celebrates America** (Hudgens Park, July 3)
Brown Bag Lunches (Thursdays, June 3rd – August 5th)
Duluth Fall Festival** (September 24-26)
Kiwanis Pancake Breakfast (Bunten Road Park, October)
Annual Hometown Holiday Festival/Tree lighting**(December 4th and 5th).
New Year’s Eve Extravaganza**Flicks on the Bricks 2010 Family Film Festival:
June 12th
July 10th
August 7th
October 2nd
October 23rdSummerStage Concert Series:
** May 22nd
** June 26thSymphony on the Green-Gwinnett Symphony Orchestra and Chorus**
(June 18th, July 16th, August 20st)Fall Festival Concert ** (Sept 11th)
Music Festival** (August 28th)
- CONDEMNATION AUTHORIZATIONS – IRVINDALE SIDEWALKS
[Exhibits "D" & "E"]
Approval of this item authorizes the City Attorney to file condemnation, if necessary, for the remaining parcels needed to obtain easements for the Irvindale Sidewalk Project. Every effort has been made previously to obtain these easements. Should it become necessary to meet project deadlines, this approval authorizes that the following properties may be included in condemnation proceedings:Parcel 1: PIN 6-295-024 (Owner: Duluth Professional Park HOA), Parcel 4b: PIN 6-322-133 (Owner: RRE Howell Bridge Holdings, LLC) and Parcel 5: PIN 6-322-099 (Owner: Ernesto Martinez).
- AUTHORIZATION FOR AGREEMENT – WESTERN GWINNETT BIKEWAY
[Exhibit "F"]
Approval of this item authorizes the Mayor to execute an agreement with Gwinnett County (project numbers F-0339 and F-0341) for the portion of the Western Gwinnett Bikeway from Summer Chase to Pleasant Hill Rd (City project number CD 20-10). - RESOLUTION AUTHORIZING DOT CONTRACT – IRVINDALE SIDEWALKS [Exhibit "G"]
Approval of this item authorizes the Mayor to enter into a contract with the Georgia Department of Transportation to certify the availability of funds to move forward with the letting/ construction of the Irvindale sidewalk project (P.I. Number 0006838), CD 23-10.A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to approve the Consent Agenda as amended.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock.
Motion carried.
- NEW BUSINESS
- AWARD OF BID – SOLID WASTE SERVICES [Exhibit "H"]
Council reviewed and discussed the solid waste proposals during their work session held on March 22, 2010, at which time the potential providers were listed as Advanced Disposal, Waste Pro, Waste Management, and Republic services.Council member Bomar commented that the quality of service should be evaluated as well as financial aspects.
Councilmember Mundrick explained that the evaluation process focused on provision of base services, commercial services, and industrial. The current annual cost to the City is $1.85 million, and the same vendor lowered their price to $1.68 million (when analyzed by per bag and dumpster cost). The low bidder, Waste Management, was $1.477 million, reflecting a difference of $200,000. While customer service is also a primary concern, he suggested that the contract for base services be awarded to the low bidder and to ensure that language is placed in the contract regarding “termination rights” if they fail in customer service.
Councilmember Mundrick noted that yard waste pickup could be a policy decision which could be made at a later time, but base services could be awarded today.
Councilmember Dugan asked for clarification if the 1,500 recycling rebate fee would be subtracted from commercial cost, and Councilmember Mundrick confirmed that figure was incorporated in overall cost.
Councilmember Jones commented that if a termination provision was needed in the contract for poor customer service, he felt like it was a sign that we expect trouble already, and agreed that quality of service is worth quite a lot.
A motion was made by Councilmember Bomar, seconded by Councilmember Jones, to approve the award of bid to Republic as the City’s Waste Hauler and to further authorize the City Attorney to draft contract agreement for City Administrator to execute with provision to hold out “leaf service” for additional review and discussion April 26th work session.
Those voting for: Council members Bomar, Jones, and Whitlock
Those voting against: Council member Dugan and Mundrick
Motion carried. - AWARD OF BID – SCOTT HUDGENS RESTROOM FACILITIY [Exhibit "I" ]
Parks & Recreation Director Kathy Marelle came forward to explain the Scott Hudgens Park restroom facility project, which is a 30×30 structure with brick/stone exterior, supply and maintenance room, and restrooms. This is one of two proposed buildings as recommended by the Master Park Plan.Submissions were rated on the cost of services (including general conditions, overhead and profit), experience with similar projects, project timeline, and references. Upon review by Staff and the architects, Mathias Corporation, Burrson Construction Group, and John Watts Construction were the three most qualified bids, as follows:
Mathias Corporation $247,900
John Watts Construction Inc. $278,946
Burrson Construction Group, Inc. $213,610Ms. Marelle further explained that the Parks and Recreation Advisory Board reviewed the bid documents on Wednesday, April 7th. The Board analyzed all bid data submitted and recommended awarding the bid to Burrson Construction Group based on the highest score from bid tabulation and the best project price for the project. Burrson Construction Group successfully constructed the restroom/concession facilities at Bunten Road Park and is very knowledgeable on all aspects of the Scott Hudgens project.
A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to approve the award of bid to Burrson Construction, in the amount of $213,610 for the construction and to further authorize the City Administrator to enter into a contract for these services.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried. - AWARD OF BID – RED CLAY THEATRE DEMOLITION [Exhibit "J"]
The City received four qualified bids for the Red Clay Theatre demolition project. Based upon the due diligence of Jon Erickson, of Hill Foley and the results of the April 8, 2010 meeting with Abatech representatives, Jon Erickson, Phil McLemore, and Chris McGahee staff recommends awarding the demolition contract to Abatech Services. Approval of this item awards the bid to Abatech in the amount not to exceed of $31,500 for the demolition of a portion of the Red Clay Theatre Building located at 3116 Main Street, and to further authorize the City Administrator to enter into a contract for these services.Councilmember Jones questioned the length of the project, noting that it is listed as 21 days, but the second part of that is rebuilding a temporary wall, which is not included. He wanted to ensure that we have oversight on continuing construction at that location.
City Administrator Phil McLemore responded to Councilmember Jones that the building will be weather proofed by placing tarp at the end of building and reconstruction of the wall would be complete to safety, and staff would bring back to council a cost estimate to construct a permanent wall.
Councilmember Whitlock said that upon reviewing the unit costs, the asphalt seems to be significantly different, and he asked what the actual cost would be.
Chris McGahee, Economic Development Manager, responded that the asphalt costs would only apply to potential construction damage to the parking lot that would have to be repaired. He said that weather days may happen, shoring may be needed, but that the City would be overseeing daily, and time is essential because there cannot be a disruption for a lengthy time.
Councilmember Dugan asked if there were penalties in the contract if not completed on time.
Councilmember Mundrick noted that the RFP listed out 90 days vs. the 21 day proposal.Councilmember Bomar noted that the traffic flow signage is very important, no need to lock down the streets for too long of a time.
A motion was made by Councilmember Whitlock, seconded by Councilmember Dugan, to approve the award of bid to Abatech Services, in the amount of $31,500 for the demolition of a portion of the Red Clay Theatre, and to further authorize the City Administrator to enter into a contract for these services.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock.
Motion carried. - ORDINANCE TO AMEND THE DULUTH CODE-INSOLVENT TAXES
[Exhibit "K"]
Approval of this item approves an ordinance to amend the Duluth Code authorizing the City Clerk to declare certain accounts insolvent. According to the ordinance, the attached “Insolvent List” is for taxes determined to be uncollectible for years 1986-2006 in the amount of $230,561.35. These outstanding taxes are balances owed on mobile homes, boats, large vehicles (RV’s) and business inventory taxes.Councilmember Mundrick noted that most were past the seven year statute of limitations, and questioned if this would be brought to Council on an annual basis going forward.
City Clerk Teresa Lynn confirmed, and noted that the total tax amount is actually $118,890.10, but the penalties and interest that continue accruing on a monthly basis bring that amount to $230,561.35.
A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to approve the ordinance to amend the Duluth Code and approve the Insolvency List for 2010 in the amount of $230,561.35 of uncollectible taxes for business/inventory, personal, and mobile homes for years 1986 to 2006.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried. - CONTINGENCY REQUEST – $72,000 – ATTORNEY FEES
Approval of this item transfers $72,000 from Contingency to Attorney Fees to cover the cost associated with service delivery strategy and other legal fees.Councilmember Bomar explained that the cities have been negotiating with Gwinnett County so that city residents are not double taxed. One example is for police service. City of Duluth residents call our own Police Department, and therefore shouldn’t be charged for police services in the County that we never receive.
A motion was made by Councilmember Mundrick, seconded by Councilmember Whitlock, to approve the contingency request as presented.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried. - LINE ITEM TRANSFER – $431 – ALCOHOL BOARD SALARY
Approval of this item transfer $431 from 100-1040-1330-531701 to Alcohol Board Salary and FICA line item to cover the salaries for Judge and Board members associated with recent appeals hearings.A motion was made by Councilmember Dugan, seconded by Councilmember Jones, to approve the line item transfer as presented.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried. - BID AWARD – STREET RESURFACING
As the City received only one bid for street resurfacing, at this point, Staff recommended rejection of the bid and re-advertisement at a later date.A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to reject all bids for street resurfacing at this time.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried.
- AWARD OF BID – SOLID WASTE SERVICES [Exhibit "H"]
- PUBLIC HEARING
- ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE- ARTICLE 24 –CASE#TA 2010-002
[Exhibit "L"]
Mayor Harris opened the public hearing.
Interim Planning Director Chris Collins came forward to explain that this public hearing is to consider an ordinance to amend the Duluth Zoning Ordinance, Article 24 Appendix A, to clarify the boundaries of the Buford Highway overlay district and better facilitate development of property carrying the M-2 (Heavy Industrial) zoning designation. The request is to alter the boundary of the Buford Highway Overlay district on its southern end, and the effect of this alteration would be the removal of property known as Parcel 6-261-009 from the Overlay District.Mr. Collins noted that this property is close to the intersection of Buford Hwy and May Road, and has rail spur access. The boundary was originally drawn around this property with the intent that redevelopment may occur on the site. Since that time, it has been become apparent that there is a need for full utility of heavy industrial sites (M-2 zoning) within the City limits. The architectural guidelines in place for properties in the Buford Hwy. Overlay area are difficult to maintain in heavy industrial types of zoning due to the nature of allowed businesses.
The Planning Commission recommended approval of the amendment on April 5, 2010.
Mayor Harris called for discussion from Council.
Council member Bomar pointed out that the subject property is not visible from any main road.
The Mayor called for questions or comments from the public. There being none, Mayor Harris closed the public hearing and called for a motion.A motion was made by Councilmember Dugan, seconded by Councilmember Bomar, to approve the Ordinance to amend Article 24 of the Duluth Zoning Ordinance, Buford Highway Overlay District as presented.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried.
- ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE- ARTICLE 24 –CASE#TA 2010-002
- MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
- SERVICE DELIVERY STIPULATION AND AGREEMENT – RESCIND MOTION
City Administrator Phil McLemore explained that a special called meeting was held on March 29th at the request of Gwinnett Municipal Association representatives, in an effort to reduce legal fees and come to mutual agreement on services that everyone agreed upon already. Unfortunately, after most cities had met and approved the list of services that are NOT in dispute, the County then failed to agree. Therefore without consent on behalf of the County, the cities withdraw their previous approval of services as listed. This is very unfortunate as it is costing both sides considerable legal fees.A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to rescind the motion that was adopted on March 29, 2010 regarding the service delivery stipulation.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried.
- SERVICE DELIVERY STIPULATION AND AGREEMENT – RESCIND MOTION
- EXECUTIVE SESSION – REAL ESTATE, POTENTIAL/PENDING LITIGATION, PERSONNEL
A motion was made by Councilmember Bomar, seconded by Councilmember Bomar, to adjourn to executive session at 8:00 p.m.Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried.
After the discussion, a motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to return to regular session at 9:06 p.m.
Those voting for: Council members Bomar, Dugan, Jones, Mundrick and Whitlock
Motion carried. - ADJOURNMENT
A motion was made by Councilmember Bomar, seconded by Councilmember Mundrick to adjourn at 9:07 p.m.All for. Motion carried unanimously.
Facebook
Twitter