City Council - 14 April 2008 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT: Mayor Harris, Councilmembers Bomar, Dugan, Hall, 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 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

Announcements:
Alisa Williams, Public Information/Marketing Director, came forward to announce all of the “happenings” in Duluth and distribute 2008 event postcards.

1. CEREMONIAL MATTERS
   1. RECOGNITION – DULUTH HIGH SCHOOL MOCK TRIAL REGIONAL CHAMPIONS
      Councilmember Bomar, the Mayor and Council recognized the Duluth High School Mock Trail Team who placed 1st in Gwinnett County and went on to win the Regional Championship. The Duluth High School Mock Trail team competed against 15 other high schools in this region in the first round of State competition. With a number of outstanding attorney awards and outstanding witness awards in hand, the team finished in first place. This positioned them to move on to the state competition where 16 teams met for the finals. In addition to the great accomplishment of just rising to this level, they again received two “outstanding attorney” and one “outstanding witness” award. Further, two of the students also passed their bar exams and were admitted to the Student Bar Association. Team members were: Lexi Anderson, Kameron Dawson, Julia Huth, Su Ji Kang, Kayla McKenzie, Ben Oakes, Matt O’Donnell, Roger Ou, Kearstin Sale, Michael Travieso, Mary Thumaty, Jeff Tinsley, Sujith Vadlamudi, Taylor Weaver, Marcus Wells, Montana Wong and Serena Zhang, led by Tracie Cason, David Cason, Evan Mermelstein, Mary Ann Meeks and Sarah Eddy.
   2. PRESENTATION OF DONATION - $2,251 - AMERICAN LEGION RIDERS
      Councilmember Hall, the Mayor and Council welcomed and acknowledged the American Legion Riders: Rick Griepentrog, Leonard Sobczynski, Don Harshbarger, Tom Kososki and Jim A. Lefty. Each year this group of outstanding men and women known as the American Legion Riders conduct an annual ride to help raise funds for a worthy cause. This year they have selected the City’s Living Memorial Design/Build Fund. The Living Memorial is being built to honor those who are currently serving and protecting all citizens in areas of Law Enforcement, Fire/EMT’s and the Military. They presented a donation in the amount of $2,251 and letters of appreciation to the City, as well as to Police Chief Randy Belcher.
   3. APPRECIATION FOR SERVICE - AWARDS
      Councilmember Mundrick, the Mayor and Council presented a plaque in appreciation to Municipal Court Judge Steven Leibel. Judge Leibel was first appointed in January of 2000, and has served the City with high ethical standards and distinction. His practice has recently relocated to the Dahlonega/Dawsonville area. Judge Leibel noted that he has been involved in Duluth for over 20 years and has had an affiliation with the police department as a reserve officer, and said he was very proud of where Duluth is today.
      
      A plaque was also presented to Councilmember Greg Whitlock in appreciation for his past service on the Downtown Development Authority and as a member of the Finance Committee. Mr. Whitlock was first appointed to the Downtown Development Authority June 2003 and to the Finance Committee in 2005. The City, DDA and Finance Committee members extend their gratitude for his continuous support in fulfilling the goals and visions of the City.
   4. PROCLAMATION – PATRIOT’S DAY
      Councilmember Whitlock read a proclamation from Mayor Harris proclaiming April 19th as Patriot’s Day in the City of Duluth.
   5. PROCLAMATION – NATIONAL DONATE LIFE MONTH
   6. Councilmember Dugan noted a proclamation for April as “National Donate Life” Month as part of a national awareness campaign for organ donation.
   7. RESOLUTION – GEORGIA CITIES WEEK [Exhibit “A”]
      Councilmember Dugan noted that, as promoted through the Georgia Municipal Association, cities across Georgia are encouraged to celebrate Georgia Cities Week from April 20-26, 2008 with the theme Living It Up Downtown. Georgia Cities Week gives cities an opportunity to share information about the valuable services cities provide to residents.
   8. OATHS OF OFFICE – CITY BOARDS AND COMMISSIONS
      Mayor Harris administered Oaths of Office to the remaining board members appointed at the March 10th and 24th meetings.
2. CONSENT AGENDA
   1. APPROVAL OF MARCH 24, 2008 MINUTES
   2. ACCEPTANCE OF DONATION – AMERICAN LEGION RIDERS
      Approval of this item accepts the donation presented by the American Legion Riders in the amount of $2,251 to be credited to the Living Memorial for account number, CA-23-07, 531/000037121.
   3. ORDINANCE TO AMEND THE FY08 BUDGET - DONATIONS AND DAMAGE DEPOSIT
      [Exhibit “B”]
      Approval of this amendment will allow for the following changes to the budget:
      
      Acceptance of funds in the amount of $670.67 from the Hispanic Events Production, LLC for the replacement of two (2) tables and carpet cleaning. These funds will be placed in the Festival Center Equipment/Maintenance Line Item.
      Accept donation in the amount of $500.00 from the American Legion to help offset the cost for the purchase of Memorial Day Coins.
      Accept a $2,251 donation from the American Legion Riders for the Living Memorial.
   4. CONTINGENCY REQUEST – $55,000 - GAS/OIL/DIESEL
      Due to increases in the cost of gas and diesel and as a result of receiving late invoices (Feb – March ’07) from Gwinnett County in March of this year, a transfer from contingency MC – 02 Line Item 100-102-111057201 to GG-08 Fuel/Oil, Line Item 100-921-321053126 in the amount of $55,000 is needed to cover the current invoices plus (projected) expenditures beginning with March 2008 invoice through June 30, 2008 invoice. The city averages approximately $13,700 per month for the purchase of gas/oil and diesel.
      
      The City purchases the majority of it fuel from Gwinnett County. Due to operational hours of the County facility, some purchases are made at other locations (QT) due to travel, diesel purchases for equipment, etc. This request does not take into account any future increases in cost of gas/oil or diesel. This will leave a contingency balance of $78,498. Approval of this item authorizes the contingency request.
      
      A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to approve the Consent Agenda as outlined.
      
      Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
3. OLD BUSINESS
   1. AMENDMENT TO CO-SPONSORSHIP AGREEMENT – BRIDGEWORKS [Exhibit “C”]
      In the co-sponsorship request and agreement for the summer 2008 concert series presented to Council by Bridgeworks Productions on March 24, 2008, there was a notation that no ticket would exceed $25 for the 2008 series. Bridgeworks is currently negotiating with bigger name bands and the ticket price for those shows may possibly exceed that amount, and therefore they requested that this statement be deleted out of the original proposal. Also, Bridgeworks requested clarification that Council agrees to the concert that is scheduled to be held on Saturday August 9th, since all of the other concerts are scheduled to be held on Friday evenings.
      
      The Mayor and Council agreed to amend the agreement by striking the language on page 1, lines 12 &13 of the second paragraph for maximum ticket prices “No ticket shall exceed $25 during the year of 2008,” and further clarify that August 9th concert as being on a Saturday.
      
      Councilmember Bomar requested that outside food items to be allowed in but not alcoholic beverages, giving the opportunity for local businesses to benefit from the events as well.
      
      Councilmember Mundrick noted that the concert promoter was concerned about outside beer sales as not to jeopardize event sponsorship, but asked Staff to check with him on the availability of wine.
      
      A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to approve the change to the co-sponsorship agreement as presented, with additional language that food to be allowed in and alcoholic beverages prohibited to be brought in from the outside.
      
      Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
4. NEW BUSINESS
   1. AWARD OF BID – ROGERS BRIDGE GREENWAY TRAIL - CD-31-08 [postponed]
      The Mayor and Council considered awarding a contract for design engineering on a portion of the Greenway Trail from Rogers Bridge along the Chattahoochee River as part of the DNR grant ($100,000) matched by the City ($100,000). The City of Duluth received nine bids. Bron Cleveland Associates evaluated all nine bids and recommended choosing one of the following three:
      
      Pond & Company - $39,250
      HDR Engineering, Inc – $59,000
      MA/Moreland Altobelli Associates - $27,470
      
      Parks & Recreation Advisory Board Chairman Wanda Bennewitz and Director Kathy Marelle evaluated the top three and recommended HDR Engineering, Inc., based upon the following qualifications:
      
      Experienced with multiple trail designs with parks in the area.
      Experienced with the type and magnitude of design trail that would be required on the Rogers Bridge Trail project.
      Knowledgeable on the quality standards of park trails in the area.
      Informative on the Duluth park system and the trail requirements proposed along the river.
      The price is realistic and reasonable of what is required in the project.
      
      The City Administrator recommended awarding the contract to Pond ($39,250) because of their slightly higher qualification score, their lower price, and their equal abilities. Both firms are felt to be qualified and have done very similar projects.
      
      Councilmember Bomar wanted to ensure these recommendations were made on a “qualifications based selection process” to obtain the best value for the City, and therefore Councilmember Dugan requested that this item be postponed in order to further evaluate the proposals.
      
      A motion was made by Councilmember Whitlock, seconded by Councilmember Dugan, to postpone the bid award for the design of the Rogers Bridge Trail Project CD-31-08.
      
      Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
   2. AUTHORIZATION FOR PURCHASE OF NEW FIREARMS - $27,008 - LINE ITEM TRANSFER
      [Exhibit “D”]
      The Mayor and Council considered authorizing the purchase of new pistols for all sworn police officers. During annual firearms inspection, it was noted that many repairs are needed on the current pistols. After research, it appeared that the Smith & Wesson M7P 45acp pistol will suit the needs of most of the law enforcement officers as it is configurable by the user and the total amount of purchase is $27,007.50. A licensed dealer in Florida has agreed to purchase the City’s Glock pistols for $22,000. Councilmember Mundrick noted that this would only be an actual expense to the taxpayers of $5,000. Chief Belcher requested the Council authorize the purchase as well as the proposed line item transfer from PD-07, 100-807-322351130 (Police-Uniform-Overtime) to 100-807-322353160 (Police Uniform- Police Equipment) to cover the invoice.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve the purchase of new firearms and the line item transfer as presented.
      
      Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
   3. AWARD OF BID – BRANDING/MARKETING CONTRACT – GOGO CREATIVE [Exhibit “E”]
      The Mayor and Council considered awarding the contract for branding the City to GoGo Creative. The City advertised and requested proposals for this contract. Approximately 22 companies submitted proposals and 4 companies were asked to meet in person to provide more information to City stakeholders. Staff and Council reviewed all proposals, performed reference checks, and felt that GoGo Creative should be selected for this project. Staff recommended awarding the contract in the amount of $41,500 (with the option of adding additional phases after the initial Phases 1 – 4 listed in Exhibit A are complete.) Partial funding is already included in the FY08 budget but it will be necessary to add additional money for fiscal year 2009.
      
      Councilmember Bomar noted that she felt the City did use a qualifications based selection process to review this information and recommended approval.
      
      A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to approve awarding the bid to GoGo Creative as presented and authorize the Mayor to execute the contract.
      
      Those voting for: Councilmembers Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
5. ADJOURNMENT
   1. A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to adjourn at 7:40 p.m.
      
      All for. Motion carried unanimously.