City Council - 09 June 2008 Agenda
6:30 P.M. – WORK SESSION Main Street Conference Room
| 7:00 P.M. - CALL TO ORDER: | Mayor Nancy Harris |
| INVOCATION: | Rev. C. Kay Fuino, Duluth First United Methodist |
| WELCOME RESIDENTS: | Heritage Walk | Whitney Place |
Anouncments:
Announce cancellation of regular Council meeting on June 23rd, and in its place,
a special called meeting will be held on June 30th.
- CEREMONIAL MATTERS
- PLEDGE OF ALLEGIANCE: Lead by Sons of the American Revolution
- PROCLAMATION – NATIONAL FLAG DAY
Mayor Harris to proclaim June 14th as “National Flag Day” in the City of Duluth and call upon citizens to join in common declaration of faith represented in the words of the Pledge of Allegiance. Representatives of the Piedmont Chapter of the Sons of the American Revolution will be on hand to receive the proclamation.
- CONSENT AGENDA
- APPROVAL OF MAY 12, 2008 MINUTES
- ACCEPTANCE OF DONATION – $1,000 - DOG DAYS OF DULUTH
The elected officials and staff have joined together to raise $1,000 to sponsor a dog sculpture for the “Dog Days of Duluth.” Approval of this item accepts the donation and authorizes payment of the sponsorship fee on behalf of the elected officials and staff. - ACCEPTANCE OF FUNDS – $14,085.78 - HURRICANE KATRINA REIMBURSEMENT
Approval of this item accepts $14,085.78 from the Georgia Mutual Aid Group for the wear and tear on three of the City of Duluth vehicles that were used during hurricane Katrina in Louisiana. - ORDINANCE TO AMEND THE FY08 BUDGET – 50,233
Due to safety concerns with the van currently used by the Parks Department, Staff was previously authorized to purchase a new Chevrolet/Corbeil bus from Midwest Transit Equipment using prior year reserves of $35,147. Approval of this item approves an ordinance to amend the budget to include the $1,000 for Dog Days, $14,085.78 Katrina money, and purchase of the van. - AUTHORIZATION FOR AGREEMENT - CHATTAHOOCHEE LANDING
Approval of this item authorizes Mayor Harris to execute an agreement that would permit the Chattahoochee Landing HOA to provide and maintain landscaping in the median leading into their subdivision on River Green Parkway, inclusive of a “hold harmless” agreement to protect the City should anyone become injured. - SET PUBLIC HEARING DATES – 2008 TAX MILLAGE
As the FY09 budget was prepared using the same millage rate as last year, 5.191 mills, the City does not intend to “roll back” the rate for 2008. Therefore, three public hearings will be held to receive public comment. Approval of this item sets the first public hearing for 8:30 a.m. on Thursday June 26th, and the second public hearing at 8:30 a.m. on June 27th. The third public hearing will be held during the special called Council meeting on June 30th at 7:00 p.m. at which time the resolution setting the 2008 millage rate will be presented for adoption.
- Public Hearing
- ORDINANCE OF MODIFICATION– Rezoning–Modification of Existing PRD -
CASE Z#0207-04A BAXLEY RIDGE, LLC
(C/O – Michael Sullivan) 7-207-160 (multiple parcels)
The Mayor and Council to consider a request to modify two conditions of approval of the previously approved Planned Residential Development (PRD) commonly known as the Baxley Ridge development.
The applicant desires to eliminate two conditions of approval that were inherent in the original approval of rezoning. The subject conditions are as follows (numbered as in the original ordinance or rezoning):
2.B A minimum of 30% of the units shall have porte-cocheres.
2.C A minimum of 30% of the units shall have a combination of porte-cocheres and garages as shown on the elevations dated April 5, 2004.
This request first appeared before the Planning Commission on 04/07/2008 as a request to amend a binding site plan and three (four upon staff analysis) conditions of the PRD rezoning. However, since this time staff has uncovered new documents and information that has resulted in the revised request. The final approved document that was signed by then-director of Planning & Development, Ken Suddreth, does not show the alley that staff had previously indicated to be removed. In addition to this, the applicant has supplied staff with an analysis showing that condition 2.A requiring a minimum of 10 lots to be accessed by alleys or shared drives has already been met within this development. This analysis also provided proof that condition 2.D requiring that 30% of the lots have garages located side or rear of the unit has been or still can be met given the current transportation infrastructure. For the above reasons, the applicant has eliminated the need to request the modification of the binding site plan (alley), and conditions 2.A and 2.D.
The site was originally rezoned from O-I to PRD on May 10th of 2004. The original text, graphics and site plan of the Planned Residential Development was intended to produce a traditional neighborhood based design by incorporating traditional architectural and site design elements such as rear-entry parking areas. The request to remove the specified conditions and alley from the plan is not affected by any special site characteristics.
In evaluating this request, staff has conducted research into the recommendations produced by City Planning Staff to the Planning Commission in 2004 upon which the Commission recommended a conditional approval. While staff still holds that the traditional neighborhood form factor was an important factor in this original approval, this form is more affected by site design than architectural design nuances. As no alleys or rear access lots are proposed to be affected from the originally approved plan, the traditional neighborhood form factor remains intact through the physical environment maintained by the pedestrian and vehicular circulation and storage patterns that will be present in the development. Furthermore, the applicant has previously submitted and makes available to prospective buyers and builders an architectural guide promoting many aspects of the craftsman architectural style.
On May 5, 2008 The City of Duluth Planning Commission recommended approval of the request to amend conditions 2.B and 2.C to read:
1. 2.B—“a minimum of fifteen (15) units shall have porte-cocheres.”
2. 2.C—“a minimum of fifteen (15) units shall have a combination of porte-cocheres and garages as shown on the elevations dated April 5, 2004.
This recommendation of approval is subject to the following conditions:
On those lots where porte-cocheres are removed, garages may not be brought forward flush with the front of the house, but remain to the rear to accommodate better stacking distance of cars. - CITY OF DULUTH FISCAL YEAR 2009 BUDGET PRESENTATION
The Mayor and Council to consider the FY09 budget and accept public comment. As per State law, (O.C.G.A 36-81-5 & 6) cities are required to hold a public hearing prior to adopting the annual operating budget. An ordinance for the final adoption of the FY08 City of Duluth operating budget will be considered by Council June 30, 2008.
The City Administrator will present the FY09 Budget summary and power point presentation. - ORDINANCE TO AMEND THE DULUTH CODE – CHAPTER 7 – OCCUPATIONAL TAX
The Mayor and Council to consider an amendment to the City’s Occupational Tax Ordinance to move the Occupational Tax Structure from the Standard Industry Code (SIC) to the North American Industry Classification System Code (NAICS). The proposed amendment would also increase the Administrative fee to offset the costs associated with multi-departmental processing and meeting the state and local requirements.
- ORDINANCE OF MODIFICATION– Rezoning–Modification of Existing PRD -
CASE Z#0207-04A BAXLEY RIDGE, LLC
- NEW BUSINESS
- AWARD OF BID – STREET RESURFACING
The Mayor and Council to consider awarding the bid for street resurfacing of City streets for 2008. The City advertised and requested bids for a yearly contract. Approximately five companies requested bid packages and one company submitted a bid. Allied Paving Contractors of Pendergrass submitted a bid of $3.50 per square yard for milling and $79.00 per ton of asphalt. Based on research of other prices as well as considering further delays caused by rebidding, staff recommends awarding the bid for Resurfacing, Milling and Patching of City Streets through December 30, 2008 to Allied Paving Contractors.
- AWARD OF BID – STREET RESURFACING
- MATTERS FROM CITIZENS
- MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
- CONTINGENCY REQUEST – $40,000 -
BULLET PROOF WINDOWS
The Mayor and Council to consider a contingency request to fund the installation of bullet proof glass in the lobby area of the Public Safety building. The glass would be installed in the three customer service windows in the hallway leading from the courtroom. Fireproofing material will also be installed behind the drywall in this area.
- CONTINGENCY REQUEST – $40,000 -
BULLET PROOF WINDOWS
- ADJOURNMENT