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City Council - 10 September 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT:
Mayor Lasseter, Councilmembers Kirouac, Mundrick, Dugan, Hall
City Administrator, Department Directors, City Attorney

ABSENT:
Councilmember Bomar

A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss and ask questions of department directors regarding 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

Mayor Lasseter called the regular meeting to order at 6:45 p.m. to adjourn to Executive Session.

7:00 P.M. - CALL TO ORDER:   Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:            C.K.Fuino, Duluth First Methodist Church
WELCOME RESIDENTS:            Bridlewood | Sugarloaf Ridge

  1. EXECUTIVE SESSION – POTENTIAL PENDING LITIGATION
    1. A motion was made by Council member Mundrick, seconded by Councilmember Hall to adjourn to Executive Session to discuss potential/pending litigation matters.

      All voted for. Motion carried.

      After the discussion, a motion was made by Councilmember Hall, seconded by Councilmember Dugan, to return to regular session at 7:00 p.m.
      All voted for. Motion carried.
  2. CEREMONIAL MATTERS
    1. PROCLAMATION – “RESPONSIBLE DOG OWNERSHIP DAY”
      Mayor Lasseter stated that a Proclamation designating September 15th as “Responsible Dog Ownership Day” will be presented to Linda Rundell to commemorate the Dog Day Festival sponsored by Best Friends Pet Care.
    2. PROCLAMATION – CONSTITUTION WEEK
      Mayor Lasseter proclaimed September 17th-21st as “Constitution Week” and presented the proclamation to representatives of the Piedmont Chapter of the Sons of the American Revolution.
  3. CONSENT AGENDA
    1. APPROVAL OF AUGUST 27, 2007 MINUTES
    2. WAIVER REQUEST – TEMPORARY BANNERS FOR MEMORY WALK
      Approval of this item waives fee and location requirements for the placement of temporary banners to promote the North Fulton/Gwinnett Memory Walk charity event. Banners will be placed in approved locations and removed prior to September 22nd.
    3. WAIVER REQUEST – TEMPORARY BANNERS/SIGNS FOR FESITVAL OF LIGHTS
      Approval of this item waives fees and location requirements for the placement of temporary banners and signs to promote the “Festival of Lights” to be held in the Town Green on November 10th. Signs will be placed in approved locations and removed as per requirement of the sign ordinance.

      A motion was made by Councilmember Kirouac, seconded by Councilmember Hall to approve the Consent Agenda as presented.
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
  4. PUBLIC HEARINGS
    1. ORDINANCE OF ANNEXATION AND REZONING CASE A#0150-06
      KIA AUTOMOTIVE C-3 (COUNTY) TO C-2 (CITY) TAX PARCEL 6-236-222 [postponed]
      Mayor Lasseter called for a motion of postponement to allow staff the opportunity to meet with the owner to clarify the City’s Sign Ordinance that prohibits the display of balloons and other attention-getting devices.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to postpone the ordinances of annexation and rezoning for Case A#0150-06 until September 24th.
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
    2. ORDINANCES OF ANNEXATION AND REZONING -
      CASE A#0152-06
      LOU SOBH AUTOMOTIVE C-3 (COUNTY) TO C-2 (CITY) TAX PARCEL 6-236-220
      [postponed]
      Mayor Lasseter called for a motion of postponement to allow staff the opportunity to meet with the owner to clarify the City’s Sign Ordinance that prohibits the display of balloons and other attention-getting devices.

      A motion was made by Councilmember Dugan, seconded by Councilmember Hall, to postpone the ordinances of annexation and rezoning for Case A#0152-06 until September 24th.
      Those voting for: Councilmembers Kirouac,, Mundrick, Dugan, and Hall
      Motion carried.
    3. ORDINANCE OF SPECIAL USE PERMIT - HC PAWN SHOP - SUP#0128-07
      WESLEY COX - TITLEMAX TAX PARCEL 6-293-168 [postponed indefinitely]
      At the request of the applicant’s attorney, Gerald Davidson, Mayor Lasseter called for a motion to postpone this item indefinitely.

      A motion was made by Council member Mundrick, seconded by Council member Kirouac, to postpone indefinitely the ordinance of Special Use Permit for case SUP 0128-07.
      Those voting for: Councilmembers Kirouac,, Mundrick, Dugan, and Hall
      Motion carried.
  5. OLD BUSINESS
    1. AUTHORIZATION FOR CONTRACT – ABBOTT’S BRIDGE RD (HWY 120)SIDEWALKS
      [Exhibit “A”]
      The City has received grant funding for the proposed sidewalks along Abbott’s Bridge Road (Highway 120) from Buford Highway to Hill Street, and the consultant and engineering company are ready to begin. Council considered authorizing the Mayor to execute an agreement with Bron Cleveland Associates, who helped us obtain the grant, to oversee the sidewalk project for BCA 4120-26, FY06 CMAQ SR120. The estimated about needed in FY08 is $200,000 which can be taken from SPLOST funds.

      Steve Roberts and Ligia Florim of Bron Cleveland Associates came forward to discuss the prior contract amounts and felt the fees could be reduced as requested by Council. Ms. Florim noted that the firm has worked with the City since 2001 and assisted with over 30 contracts, managing over $18M of projects, and have written many grants to help obtain much of the needed funding.

      Mr. Roberts noted previous projects and determined that costs could be trimmed with designers and Dept of Transportation. He agreed with giving the City more control by including a lower maximum compensation figure and said the new proposed budget decreases the amount of total expenditures for both of the projects so that the contingency is no longer going to be necessary. The goal is still to keep preliminary costs down to utilize funding for actual construction costs for this project as well as the Gateway project.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to approve the Bron Cleveland contract for the Hwy 120 CMAQ sidewalk project BCA 4120-26 FY06 Grant sidewalk project and to further authorize the modification of FY08 CIP CD-46 to include the addition of these grant funds.
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
    2. AUTHORIZATION FOR CONTRACT – TIP BUFORD HWY @ SR 120 – GATEWAY [Exhibit “B”]
      The City has received grant funding for the Intersection Gateway improvement project to be located at Buford Highway and Highway 120, and the consultant and engineering company are ready to begin. Council considered authorizing the Mayor to execute an agreement with Bron Cleveland Associates, who helped us obtain the grant, to oversee project BCA 4120-30, SR120/BUFORD HWY TIP IMP for intersection improvements. This item has been included in the FY-08 budget under CD 57-08.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve the Bron Cleveland contract for the gateway intersection improvements for Hwy 120/Buford Highway as presented.
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
    3. CONTINGENCY REQUEST - $20,000 – TIP BUFORD HWY @ SR 120 - GATEWAY
      Mayor Lasseter stated that due to fee reductions on the proposed contracts from Bron Cleveland, the contingency request would not be needed; therefore no action is necessary on this agenda item.
  6. NEW BUSINESS
    1. ORDINANCE TO AMEND THE FY08 BUDGET – TOWN GREEN RESTROOMS [Exhibit “C”]
      As reported through prior weekly reports, there is a shortfall in the budget for the restroom facility. The Mayor and Council to consider amending the FY08 budget to bring an additional $35,038 from the 2001 SPLOST to cover remaining costs for this project.

      A motion was made by Councilmember Dugan, seconded by Councilmember Hall, to approve the ordinance to amend the FY08 budget as presented.
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
    2. ACCEPTANCE OF DONATION FALL FESTIVAL- TOWN GREEN RESTROOM FACILITY
      Due to modifications in the size of the facility, the Duluth Fall Festival had previously agreed to help with the costs of construction.

      A motion was made by Councilmember Mundrick, seconded by Council member Hall to accept the donation of $40,000 contribution toward the restrooms from the Duluth Fall Festival Committee.
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
    3. ORDINANCE TO AMEND THE FY08 BUDGET – RED CLAY HVAC UNIT [Exhibit “D”]
      The Mayor and Council previously approved a contingency request for $10,000 to cover costs for emergency repair of the HVAC units at the Red Clay Theatre. Although approved in June of 2007, the work and billing were not completed until after the close of fiscal year 2007. Therefore it is necessary to bring these funds forward to the current year for payment by amending the FY08 budget.

      A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve the ordinance to amend the FY08 budget as presented.
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
  7. MATTERS FROM CITIZENS
    1. Marline Santiago-Cook of 3958 BalleyCastle Court came forward representing “Smart Growth Gwinnett,” and stated that their mission is to find ways to maintain and improve the quality of life in Duluth. She asked the Council to not let the threat of a lawsuit be a factor in lifting the moratorium for permitting large buildings.
  8. ADJOURNMENT
    1. A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to adjourn at 7:45 p.m.

      All for. Motion carried unanimously.