City Council - 12 May 2008 Minutes

WORK SESSION OF THE
MAYOR AND COUNCIL

PRESENT: Mayor Harris, Councilmembers Dugan, Hall, Mundrick and Whitlock
City Administrator, Department Directors, City Attorney

PRESENT: 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.

OTHER ITEMS DISCUSSED:
Police Digital Radio Upgrade

The Council received information through weekly reports that Gwinnett County had replaced its analog radio systems with digital technology and is ready to activate several non-emergency channels. Since the Duluth Public Safety department operates with analog, this switch will result in the City’s inability to communicate via radio. The agencies that the City would no longer have communication with are Gwinnett County Police, Sheriff, Animal Control, Gwinnett County Water, Fire and EMS, the school system and all other city police agencies within the county.

Council discussed the purchasing options presented for a digital system and reviewed an outright purchase, lease, or lease purchase. Lease/Purchase Equipment for three (3) years would total $486,026.64 and cost $13,500.74 per month. For a Lease/Purchase agreement for five (5) years, total cost is $514,622.40 at $8,577.04 per month. Another option was leasing for one year and paying off the balance in June 2009 from anticipated additional funds from the FY05 SPLOST allocations.

A cost analysis revealed that purchasing the system outright would save and benefit the City. With a purchase price of $446,876.08, it was decided to use $136,330.59 from Federal drug funds, $29,000 from State drug funds, and $281,545.49 from prior year reserves (to be replaced with unspent budgeted fund from the FY08 Budget).

The Council requested that an Ordinance to Amend the FY08 Budget be drafted and placed on the agenda under “Matters from Council” for the purchase of a new digital radio system.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

Announcements:
George Rhode of 4122 River Mill Drive came forward to announce that the “Sentinels of Freedom Gwinnett,” a veteran’s organization, will be host their first charity fundraiser on Sunday May 25th at 1:00 p.m. at Bunten Road Park.

1. CEREMONIAL MATTERS
   1. RECOGNITION – DULUTH HIGH SCHOOL PRINCIPAL PAT BLENKE
      Mayor Harris and City Council recognized the retirement of Duluth High School Principal Pat Blenke in appreciation for his last seven years at DHS. The Mayor extended appreciation for the school’s excellence in academic achievement, and for bringing DHS to the forefront nationwide as noted in Time Magazine as a top 100 school within the last 3 years. SAT scores have risen to the second highest SAT scores in the count, and DHS has made Adequate Yearly Progress (AYP) for the last four years. DHS is a “Choice school” for the County. Not only are the academic performances exemplary, but Mayor Harris said she appreciates Mr. Blenke’s frequent involvement with many school events, the partnership activities with the City( i.e. Community pep rallies, Barefoot in the Park), and support of extracurricular clubs, (i.e. Key Club, Mock Trial Team, Band).
   2. RECOGNITION – DULUTH HIGH SCHOOL ROLLER HOCKEY TEAM – STATE CHAMPS
      Councilmember Hall, the Mayor and Council recognized the Duluth High School Roller Hockey Team for their hard work and dedication that earned them the 1A State Championship of the Georgia High School Roller Hockey Association (GHRA). They finished the regular season as the #4 seeded team with a record of 10 - 4, and went undefeated in the play-offs, finishing with a 5-4 overtime win against Northview in the Championship game. Lead by head coach Mike Matton, Assistant Coach Wayne Sutor, Assistant Coach Ray Tigue, and team members Eric Sutor, David Matton, Joey Constantine, Chris McConnell, Michael Ruffcorn, Alex Raffensperger, Josh Eaves, Jerry McKinney, Ben Aubrey, and Matt Eason were on hand for recognition.
   3. RECOGNITION – DULUTH MIDDLE SCHOOL ACADEMIC TEAM
      Councilmember Dugan, the Mayor and Council congratulated the Duluth Middle School Academic Team for their outstanding year of competitions, culminating with the spring 2008 Knowledge Master Open held on April 23. Duluth Middle Academic Team scored 2nd place out of 753 public and private national and international teams! Additionally, DMS Academic Team ranked 1st among schools our size. Please congratulate these students who did such a fantastic job all year, but especially during this computer-based academic tournament: 8th Grade: Sam Aziz , Lilian Chan , Jason Gong, Jaya Janadhyala, Dylan Jones, Kirill Kantor, Matthew Moreno, Aditya Ragunathan , Nick Rea. 7th Grade: John Kaffezakis, Jonathan Li, Richard Lu, Caleb Pendleton, Molly Rea, Hanfei Wang.
2. CONSENT AGENDA
   1. APPROVAL OF APRIL 28, 2008 MINUTES
   2. RESOLUTION – SOLID WASTE MANAGEMENT [Exhibit “A”]
      Approval of this item approves a resolution to approve and adopt the update to Gwinnett County and the participating cities’ comprehensive solid waste management plan.
   3. SET PUBLIC HEARING DATE – OCCUPATIONAL TAX AMENDMENT
      Pursuant to Georgia Code, OCGA 48-13-6(c), approval of this item sets a public hearing for June 9, 2008 for consideration of amending Chapter 7 of the Duluth code concerning changing the Occupational tax classification structure from SIC (Standard Industrial Classification) to NAICS (North American Industry Classification System), which will reflect increase in the occupational tax fees as well as an increase to the Administrative Fees.
   4. SET PUBLIC HEARING DATE – FY09 BUDGET
      Pursuant to OCGA 36-81-5(f), approval of this item sets a public hearing for June 9, 2008 to receive public input on the City of Duluth FY09 proposed budget. The budget adoption will be scheduled for June 30, 2008.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Whitlock, to approve the Consent Agenda as presented.
      
      Those voting for: Council members Dugan, Hall, Mundrick and Whitlock
      Motion carried.
3. OLD BUSINESS
   1. ORDINANCE OF REZONING R-75 to O-I CASE Z#0224-08
      FRANK CIRCELLI TAX PARCEL 6-264-032
      [Exhibit “B”]
      Mayor Harris opened the public hearing for Case Z#0224-08 and called forward Planning Director Cliff Cross.
      
      Mr. Cross presented a rezoning request for an approximate 3 acre tract located at 3259 Duluth Highway (Hwy 120), tax parcel number 6-264-032, from R-75 (Single-Family Residential) zoning to O-I (Office-Institutional) zoning. The applicant proposes construction of a 29,700 square foot two-story structure containing professional offices and 99 surface-level parking spaces. He said that the major issues associated with this request are:
      
      Accordance with the currently adopted Land Use Element of the City of Duluth Comprehensive Plan; and
      Compatibility with Future Land Use Map; and
      Compatibility with the character and use of the surrounding area.
      
      The proposed development is contained within a site with an area of +/- 3.18 acres along Duluth Highway. Mr. Cross showed a map of the surrounding community. The request is consistent with the Future Land Use Map. All parking and site layout requirements have been met in full with this plan.
      
      Mr. Cross explained that Staff and the Planning Commission had several options available, and recommended approval of the request at their April 21st meeting to rezone the subject site from R-75 Single-Family Residential to O-I Office Institutional subject to the following conditions:
      
      The plans submitted for the Development Review Process (including any and all permits through the City of Duluth) shall be substantially the same as those submitted to the Planning Commission for review on 04.21.2008. Any site plan changes that result in the following shall be resubmitted to the City of Duluth Department of Planning & Development for review by the Planning Commission:
      Change in the parking configuration resulting in a relocation of five or more parking spaces; or
      Relocation of the building footprint by more than 10’ in any direction; or
      Any change affecting the required rear yard setback or rear landscape buffer in any way.
      
      The following uses shall not be allowed in any form on this site:
      Prison
      Sanitarium
      
      Approval of a detailed landscape plan implementing adequate audio and visual screening for the rear (south) landscape buffer area by the City of Duluth Department of Planning & Development shall be obtained prior to the City’s acceptance of any applications for permits of any kind.
      
      Mr. Cross also provided details on setback requirements for the O/I zoning classification and outlined parking requirements and maximum building height allowed.
      
      Councilmember Mundrick question the undisturbed buffer area in the rear, and Mr. Cross responded that 50’ is required and an additional 5’ from a parking area, so based on this layout, it would be required to be 55’.
      
      Applicant Frank Circelli of 3414 Howell Street came forward to note that he intends to move his business, Gem Shopping Network, from their current location on Howell Street in order for expansion. He noted that this is not a retail location.
      
      Councilmember Dugan asked if there would be warehousing and shipping. Mr. Circelli responded yes, that he would have storage and shipping, but only UPS, the USPS, and Federal Express.
      
      There being no further comments or questions, Mayor Harris closed the public hearing and called for a motion. Council member Hall announced that he would be abstaining from voting on this vote due to possible conflict of interest.
      
      A motion was made by Councilmember Dugan, seconded by Councilmember Mundrick, to approve the ordinance of rezoning for Case Z#0224-08 as presented.
      
      Those voting for: Council members Dugan, Mundrick and Whitlock
      Abstaining: Council member Hall
      Motion carried.
4. MATTERS FROM CITIZENS
   1. GWINNETT NEIGHBORHOOD LEADERSHIP INSTITUTE (GNLI)
      GNLI Advisory Board Member Sherri Hancel of 2743 Saddlehorn Place, Snellville came forward and announced dates for upcoming training opportunities. She explained that the GNLI is a nonprofit 501-© (3), developed in 1994 by the Gwinnett Coalition for Health and Human Services, as a community leadership development program that trains, empowers and supports ordinary citizens and community leaders so that they can promote positive changes within their neighborhoods and communities.
      
      The program is given over eight months, meets once per month on Saturdays, and covers topics such as curriculum - leadership, education, crime prevention, and smart growth. The “Team Project” aspect of the program is hands-on and very beneficial.
      
      Ms. Hancel said the purpose of the program is to develop community leaders who will assist others in understanding their government and effectively identify and address community problems. One of the most valuable components of the program is the inclusion of key decision makers and leaders from many areas of the County and Governments. These professionals present topics in their areas of expertise and share valuable information. As a requirement of graduation, students become part of a team that will implement and complete a community improvement project by the program end.
5. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. ORDINANCE TO AMEND THE FY08 BUDGET- EXPENDITURES OF FEDERAL AND STATE DRUG FUNDS – CONTRACT FOR PURCHASE OF DIGITAL RADIO SYSTEM [Exhibits “C” & “D”]
      Chief Belcher came forward to explain that in October of this year, Gwinnett County will no longer be providing radio towers using the current radio frequencies that Duluth and others rely on to communicate. This means that the Police will not be able to communicate directly with each other at all using our analog systems. To change to the new digital frequency it is necessary to purchase new radios for the police department at a cost of approximately $450,000. Asking for approval to purchase and utilize some of the federal and state drug funds.
      
      Councilmember Mundrick commented that he thought our radios had been in use for a long time, and the Chief confirmed that some are more than 15 years old. Councilmember Mundrick pointed out that a lease purchase option was explored but that the cost would increase up to $514,000 with financing.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to adopt the ordinance to amend the 2008 budget which will show a purchase contracted with Motorola communications to upgrade the current radio system at a cost of $446,876.08 [and authorized the use of] State drug funds in the amount of $29,000, Federal drug funds in the amount of $136,330.59 and prior year reserves of $281,547. Budget totals are now: operations $18,267,625 - capital improvements $2,076,277, and total operating budget $45,343,902.
      
      Those voting for: Council members Dugan, Hall, Mundrick and Whitlock
      Motion carried.
6. ADJOURNMENT
   1. A motion was made by Councilmember Whitlock, seconded by Councilmember Mundrick, to adjourn at 7:40 p.m.
      
      All for. Motion carried unanimously.

Upon adjournment, a work session was held in the main street conference room to discuss a request from the Duluth Historical Society.