City of Duluth, Georgia

April 26, 2010 Special Called

MINUTES OF THE
SPECIAL CALLED MEETING
MAYOR AND COUNCIL
CITY OF DULUTH, GA
APRIL 26, 2010

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

Mayor Harris called the meeting to order at 5:30 p.m.

Mayor Harris announced that the purpose of the Special Called Meeting of the Mayor and Council is to authorize purchase of property and to authorize the City Administrator to execute easement agreements with Gwinnett County for the widening of Pleasant Hill Road.

1. PURCHASE OF PROPERTY LL 6-293-208 – CAPITOL MATERIALS, INC. [Exhibit "A"]
   Mayor Harris announced that approval of this item authorizes the purchase of sixty-five (65) feet of right-of-way property located in land lot 6-293-208 owned by Capitol Materials, Inc. The purchase is for the necessary road right of way to extend Hill Street to Buford Highway at the intersection with Davenport Road. The property is located at 3300 North Star Blvd.

   City Attorney Lee Thompson explained that the agreement included a separate lease back agreement whereby the City leases back the right of way to Capitol Materials for their continued use of the property for up to three (3) years with the option for an additional two years (2) for a total of five (5) years. He further explained that due to uncertainty about the exact location of the road and necessary easements, etc. that the parties had agreed to an Option Agreement that will allow the City to purchase an additional 7 ½ feet on either side of the current right of way if needed. Council requested that the option agreement to purchase the additional ROW be for the same period of time as Capitol Materials’ option to extend the lease (five years). The City Attorney also explained that the sales contract would be contingent upon agreement to a demolition agreement to govern the removal of the building currently situated on the right of way property. Capitol Materials, Inc. will be responsible for the taxes, upkeep, indemnity, etc. Finally, the City Attorney explained that the deal would include an agreement imposing restrictions on the future use of the current Capitol Materials site consistent with the Downtown Overlay District’s use and architectural requirements. A copy of the purchase agreement, lease agreement, option contract, demolition agreement and declarations of covenants and restrictions was presented to each council member for their review.

   A motion was made by Councilmember Mundrick, seconded by Councilmember Whitlock, to authorize the City Administrator to execute purchase agreement and fund the closing Friday April 30th 2010 as presented with direction to the City Attorney to negotiate a term that the option to purchase additional right of way be for the same period of time that Capitol Materials had to extend their lease.

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

   Motion carried.

2. EASEMENTS – PLEASANT HILL ROAD WIDENING [Exhibit "B"]
   Approval of this item authorizes the City Administrator to sign Permanent Slope Easements, Permanent Drainage Easements, Temporary Driveway Easements and Easement for the Construction and Maintenance of Walls to Gwinnett County in conjunction with the widening of Pleasant Hill Road in front of WP Jones Park. These easements are for parcels 6-295-051, 6-295-097, and 6-295-055.
   A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to authorize the Mayor and or City Administrator to execute easements agreement as presented.
   Those voting for: Council members Bomar, Dugan, Jones, Mundrick and WhitlockMotion carried.
3. ADJOURNMENT
   A motion was made by Councilmember Whitlock, seconded by Councilmember Mundrick, to adjourn from the Special Called Meeting into a scheduled work session at 6:00 p.m.All for. Motion carried unanimously.