City Council - 26 November 2007 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT:
Mayor Lasseter, Councilmembers Kirouac, Mundrick, Dugan, Hall
City Administrator, Department Directors, City Attorney
(Council member Bomar arrived at 7:30 p.m.)

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.

The Council held a general discussion on the invitee list for the City Hall dedication ceremony. Council requested staff to save costs wherever feasible.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

7:00 P.M. - CALL TO ORDER:   Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:            Mayor Lasseter
WELCOME RESIDENTS:           Charleston Bay | Pittard Hill Point

1. ANNOUNCEMENTS
   1. Mayor Lasseter reminded everyone that anyone wishing to vote early for the December 4th Runoff election for Council Post 5 could do so between the hours of 8:00 am – 5:00 pm on Monday through Friday of the current week in the office of the City Clerk, and that the date for the runoff election is Tuesday December 4th from 7:00 am – 7:00 pm.
2. CEREMONIAL MATTER
   1. PROCLAMATION – MCGILL MINISTRIES
      Mayor Lasseter proclaimed Sunday, December 2nd as “McGill Ministries Appreciation Day” in the City of Duluth. Members of McGill have worked so faithfully and given so generously to the civic projects in our community, and were on hand to accept the proclamation.
3. CONSENT AGENDA
   1. APPROVAL OF OCTOBER 29, 2007 NOTES AND NOVEMBER 12, 2007 MINUTES
   2. RESOLUTION EXTENDING HIGWAY-COMMERCIAL (HC) MORATORIUM [Exhibit “A”]
      As approved on July 9, 2007 the temporary moratorium on accepting special use permits and special conditional permits for the Highway Commercial (HC) district is currently set to expire on November 30th. Approval of this item extends the time for expiration to January 31, 2008, as well as halting all regular permitting for the HC district during this time period.
   3. AUTHORIZATION – CLEAN AIR CAMPAIGN (Moved to Matters from Council)
      A motion was made by Councilmember Hall, seconded by Councilmember Mundrick to approve items 1 and 2 of the consent agenda, and to transfer item 3 to “Matters from Council and Department Heads” for discussion later in this meeting.
      
      Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
      Motion carried.
      
      Council member Bomar joined the meeting.
4. NEW BUSINESS
   1. PRESENTATION OF FINDINGS – LARGE SCALE DEVELOPMENT STUDY [Exhibit “B”]
      Gary Cornell of Jordan, Jones and Goulding (JJ&G) came forward to present the findings and products of the current Large-Scale Development Study. He prefaced his presentation by saying that some communities are rushing out to write ordinances without considering all the consequences or investigating alternatives by studying the impacts of large scale development. He noted that the purpose of the presentation is to give Council and the public an opportunity to review the findings and ask additional questions to ensure that all scenarios have been evaluated. The findings do not represent total and complete closure, but rather reviewing the direction that Council intends to go, to help meet community expectations, and end the moratorium as swiftly as is practical. He also extended appreciation to community members and all those who worked on the steering committee.
      
      Mr. Cornell noted that the purpose of this review is from the concern of many to protect the character of Duluth as a unique small town, while allowing for and encompassing future growth. The study is designed to help to set goals and keep them over time.
      
      For the study, JJ&G tried to define a “Large Scale Development” which might be combined buildings in a development as well as a single structure , and analyzed a variety of uses. Over 50 “impact measures” were used to evaluate the character of large scale developments to analyze several sites with different uses and various in scale. The group considered such factors as buffers, impervious surface, etc. of five current large scale developments, and identified 12 future sites (which if developed, could account for 4.8 million square feet of new development in total) that would be potential large scale developments under current zoning configurations. These sites are largely vacant areas of ten acres or more that are zoned commercial, PUD, or office or for M-1 type uses.
      
      Mr. Cornell noted that the big question was: How can you use taxable value and get something of sustainable quality and be an amenity for the citizens? He reported that aesthetics turned out to be the thing most study participants were interested in doing anything about. Having a smaller footprint and more buildings was deemed better than a big building, but looking at the impacts there was not much of a difference on the effects to the area. Raising buildings higher though, would reduce impact by reducing amount of impervious surface.
      
      Another crucial issue to committee members was parking. Mr. Cornell said the amount of surface parking limits its density, and becomes the limiting factor. One way to reduce stormwater runoff is to use parking decks.
      
      JJ&G carefully reviewed the provisions and standards of the current City of Duluth Zoning Ordinance, and in general, came to the conclusion that it is a better than average zoning ordinance and it already has some safeguards. Extending some of those areas a bit farther would help in this case. In particular, he referenced Section 615, which has architectural and design guidelines that already apply to commercial, office, and industrial zoning districts, and outlining building materials, etc.
      
      Mr. Cornell stated that the recommendation at this point is to use an overlay district to enhance some of these standards and focus them more on the large scale development patterns. This type of zoning provision is one that does not change the underlying zoning, but adds additional standards, and could in effect be a provision of the ordinance that applies to any development of 75,000 square feet or more in certain zoning districts. He showed sketches of design standards that gave examples of massing, modulation, finestration, etc., which are important for elevations to give a village “character.” Typical façade treatments should be incorporated into the ordinance, and they feel that graphics give a better guideline.
      
      He noted that traffic is another of the biggest concerns. Councilmember Bomar mentioned that a traffic study should be required before permits are issued, but that is not normally the case.
      
      Mr. Cornell mentioned the committee’s objections to detention ponds, and felt that there were ways to make them look more like lakes. The study group also looked at land use transitions between commercial and residential, and offered alternative options. Regarding Open Space, Council could consider other forms, such as plazas, squares, or public art, which can be as attractive as trees and counted as open space. He concluded by explaining that the study also addressed and researched “dark stores” and gave examples of other ordinances that have been enacted around the country to handle issues concerning vacant properties.
      
      Councilmember Mundrick noted concern about restricting hours of operation, and said that the uses of the building is what generally drives the hours. Mr. Cornell responded that restricting uses with 24 hour operations would have to be applied city-wide, and would be problematic to require of just large scale developments. There was also discussion on outdoor restaurants, concerns regarding outdoor display of merchandise.
      
      Councilmember Mundrick commented that his preference is to keep the Planning Commission as the recommending body with the Zoning Board of Appeals to rule on variance approvals. He also mentioned concerns regarding visibility of rooftop mechanical equipment. For public amenities, he noted that the 20% open space requirement has been in place for many years, but we would need suggestions on how the alternative options could be quantified.
      
      Mr. Cornell said it was harder to measure, but that some communities set dollar amounts. In any event, any such approvals should be made by the Planning Commission or Council. An “arts commission” or “design review commission” can also help with this.
      
      Mayor Lasseter commented on the public art aspect and said she was hugely impressed with how it was handled in the Texas city that she visited with the Gwinnett Chamber last month.
      
      Councilmember Bomar wanted to ensure that all parties keep in mind the different types of projects that would be impacted, and if projects such as the Hospital would have been possible had the large development restrictions already been in place. She mentioned special uses for other businesses, such as the Railroad museum, that has several large structures. She said that topography issues need to be reviewed as well, and that a more aggressive fee structure for violations of not maintaining the property might also prevent vacancies. She would give all her comments in writing.
      
      Councilmember Mundrick noted that the definition of large scale development would require particular examination, as there are many developments completed in Phase format and each particular phase might not trigger this ordinance but it would as a whole. He feels that this is a big loophole that needs to be tightened up. He then extended thanks and his personal appreciation to the steering committee for their work in this study.
      
      No motion made at this time.
   2. FUNDING REQUEST – GWINNETT SEXUAL ASSAULT CENTER
      The Mayor explained that the building housing the Gwinnett Sexual Assault Center is city owned, and that since 1989 the City has budgeted $ 700 per year for maintenance to account for unexpected repairs, etc. The septic tank has become an issue and although we have had it pumped, estimates to completely repair it have been in the $3,000 - $9,000 range. This location is temporary though as the property is up for sale very soon.
      
      Mr. Dan Duffy representing GSAC Board of Directors came forward and said that unfortunately, there is a huge need for this center in Gwinnett County. From January 1st of this year through November 1st, GSAC has serviced 1,800 people. 85% of those are under 18 yrs old, and 68% of that group is under 10 years old. There is a staff of 6 there on a daily basis, but November, December and January are the months typically with the largest number of calls. At this rate, it would need to be pumped approximately every 3 weeks.
      
      Council asked for a relocation schedule and if they are working with the Glancy Rehabilitation center as a possible site. Councilmember Bomar asked if there was a chance that drug funds from the police department could possibly be used, and Chief Belcher and the City Attorney will check.
      
      City Administrator Phil McLemore said that the lines coming from the tank have collapsed, and we can’t tell the extent of it which is the reason for the broad range of estimates for repair.
      
      Councilmember Mundrick said that the City has been supportive for 20 years and he is very appreciative of their service, but wants to explore the best economic way to handle. He suggested continuing to pump out and splitting the costs while researching other options.
      
      Mayor Lasseter instructed Staff to check with other resources to see if someone would be able to donate time and/or services as a charitable donation. This facility also acts as a Child Advocacy Center and is very important to the community.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to authorize additional funding for this purpose and further authorize the City Administrator to review other alternative(s) for solving the problem and to bring back to Council for consideration December 10th.
      
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
5. MATTERS FROM CITIZENS
1. Helen Jones of 2794 Heath Lane came forward requesting information on the car rental company who recently located on Buford Highway across from Citgo, wanting to know if they have a business license or special permit to operate. She felt that they had opened after the HC moratorium was approved. The Planning Director was instructed to research this issue and report back to Ms. Jones.
   
   Kyle Young with Wolverton & Associates came forward to present a letter to Council requesting that they consider some points of concerns his company has prior to enactment of the Large Scale Development Standards: into the City’s Zoning Ordinance. [Copy of letter, entered, attached and shown as “Exhibit C” being made part of these minutes.]
   
   Marline Santiago Cook came forward and asked what would be the next process in the Large Scale Development Ordinance. The Mayor replied that December 3rd the Council would meet and discuss further, and that a public hearing would be held on December 10th. Ms. Cook requested that all information be placed on the City’s web site for public review. It was also noted that a copy of the study could be picked up in the office of the Planning and Development Department.
6. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. ID AWARD - CONTINGENC
7. OLD BUSINESS
   1. AUTHORIZATION FOR PARTNERSHIP – CLEAN AIR CAMPAIGN [Moved from Consent Agenda]
      Approval of this item authorizes Staff to become a Clean Air Campaign Partner, which will entail participation in incentive programs, events, promotions and services. There are no associated costs with this program.
      
      A motion was made by Council member Bomar, seconded by Council member Mundrick authorizing the City to become a partner with the Clean Air Campaign.
      
      Those voting for: Council member Kirouac, Bomar, Mundrick, Dugan and Hall.
      Motion carried.
   2. LINE ITEM TRANSFER – $8,500 - POLICE RECORDS SALARIES TO BENEFITS
      TThe Mayor and Council considered a line item transfer from salaries to benefits for the police records division. During budget preparation, benefits were estimated at single coverage, but there have been several “qualifying” events for staff that have allowed for increased coverage.
      
      A motion was made by Councilmember Dugan, seconded by Councilmember Kirouac, to approve the line item transfer as presented.
      
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
   3. CONTINGENCY REQUEST - $5,000 – CITY HALL DEDICATION/RECEPTION br /> TThe Mayor and Council considered a contingency request for $5,000 for the event on December 18th. Staff had budgeted for approximately 150 attendees, but after compiling the invitation lists for these events, recognize that the number is easily double that figure. Approval of this item transfers $5,000 to cover remaining costs for invitations and postage, giveaway items, food and beverages, and decorations by transferring the money to City Wide Community Relations, Account # 100 212/159052332.
      
      A motion was made by Councilmember Dugan, seconded by Councilmember Mundrick, to approve the contingency request as presented but to reduce costs where feasible as discussed during work session.
      
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
   4. MISCELLANEOUS BUSINESS br /> Council member Bomar requested the City Administrator evaluate the elevation of the sidewalks on Main Street. It was noted by the merchants on Main Street that some type of fencing, barrier, or bench was needed at the parking space next to Sassy Girl. She also requested that the City research the cost to install a water re-use line that would service the downtown as town green area.
      
      Mayor Lasseter said that the American Legion is collecting Toys for Tots this holiday and she would be glad to get them if people wanted to leave them at the Police Department.
8. EXECUTIVE SESSION – PERSONNE
   1. A motion was made by Councilmember Hall, seconded by Councilmember Bomar, to adjourn to executive session to discuss potential-pending litigation, real estate and personnel matters at 8:55 p.m.
      
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      Motion carried.
      
      After the discussion, a motion was made by Councilmember Hall, seconded by Councilmember Mundrick, to return to regular session at 10:50 p.m.
      
      Those voting for: Councilmembers Kirouac, Bomar, Mundrick, Dugan, and Hall
      
      Motion carried.
9. ADJOURNMENT
   1. A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to adjourn at 10:50 p.m.