City Council - 28 July 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

ABSENT: PIO Alisa Williams (on vacation) and Judge Barrett (Court in Lilburn)

1. E-MAIL PRIVACY
   Mayor Harris discussed the process for email privacy. She felt that citizens and other people who send her emails assume they are contacting her confidentially, and she did not think other city employees should be reading them.
   
   IT Manager Jeff Pruett explained that as of July 1st, the City’s current email archiving service (MxLogic) works as follows: any email arriving or sent (from selected email addresses) is copied directly from the email server to a journaling mailbox. All email in the journaling mailbox is copied every three minutes to our archiving service databases. This provides a record of email sent and received and allows complete responses to open records requests for City emails. Keyword searches can also be performed on the archived files. Currently, up to 16 email addresses can be archived. This process is in place for the Mayor, Council members, the City Administrator, and all Department Directors.
   
   He further explained that this service does not allow for any archiving of email sent to Council members at outside email (i.e.: home, work email) unless sent from a selected City email account and does not include archiving of email sent from Council from outside email addresses unless sent directly to an address that is already archiving. As it stands now, the archived messages are not seen or accessible by anyone other than the IT department; however, Council emails are currently copied to the City Clerk as well as archived. A copy of the City Email policy was provided for review.
   
   Staff was directed to place verbiage on City’s website regarding a privacy policy with a specific notation that “all emails are subject to open records.”
2. BOARD APPOINTMENTS
   1) Due to the resignation of Cody Moran from the Ethics Board, Council considered a replacement to fill the vacancy through March 2010.
   2) Due to the resignation of Ellen Carleton from the Urban Redevelopment Board, Council considered a replacement to fill the unexpired term through March 2009.
   3) Due to the resignation of Anita Ferri from the Planning Commission, Council considered a replacement to fill the unexpired term through March 2010.
   
   Planning staff received applications from the following individuals who have expressed a desire to serve on the Planning Commission: Jim Johnson, Jeffery Cook, and John Bell. The Planning Commission would like to like to review on August 4th and make a recommendation. Previous considerations for board positions were: Kay Montgomery, Marline Santiago-Cook, Jack Conley Head, Michael Foote, WolfGang Puck, Scott Rose, and Doug Blomley. Other considerations were David Marshall (recommended by Councilmember Bomar) and Soo Kim (recommended by Mayor Harris). Mr. Kim was contacted, but has declined at this time. Mr. Marshall will be considered for another position in the near future.
   
   Council directed the City Clerk to contact Marline Cook as candidate to fill the unexpired term to the Ethics Board through March 2010. Council directed the City Clerk to contact Doug Blomley as a candidate to fill the unexpired term to the Urban Redevelopment Board through March 2010, and to contact Jack Head or Scott Rose if Mr. Blomley declines. The Planning Commission will review possible candidates to fill their vacancy on August 4th and send a recommendation to Council via the Planning Director.
   
   These appointments are scheduled to be placed on the August 11th agenda. Several other boards were mentioned and recommended for further discussion during the mid-year strategic planning session if time permits.
3. CITY ADMINISTRATOR ANNUAL REVIEW – DULUTH CODE SECTION
   2-106
   Mayor Harris asked for a timeline regarding the City Administrator’s Annual Evaluation and made a recommendation for the process to include measurable goals. She felt since she had already worked on a strategic work plan with Mr. McLemore and Mr. Cross, the same format could be utilized. Mayor Harris asked to take the lead on this process and noted that she had extensive experience with the performance evaluation process. She suggested the process begin August 1, 2008. A packet will be submitted to Council with a timeline, and the following:
   
   1. Historical Data (past two year’s evaluations)
   2. Strategic work plan (Mayor Harris)
   3. Copy of City Administrator ’s 2008 Goals (to be included into Strategic update August 4th)
   4. City Administrator self evaluation to submit on or before August 15th
   5. Council to send back specific comments to Mayor Harris electronically and hard copy on or before August 15th
   6. Mayor will organize data and submit to Council for discussion during Executive Session August 25th
   
   Councilmember Mundrick noted that the reason this process was moved to this time of year is due to one of the major components of the evaluation process, which relies on the timing of the DCA surveys to draw some comparisons regarding compensation. These results are normally published in the beginning of September.
4. OLD CITY HALL BLOCK - CHANGE IN PLANS
   Mr. McLemore reported that Mike Maschmeyer is submitting modified plans back to the Downtown Development Authority for consideration as the economy has been a big hindrance to their ability to utilize the previous design. Hill, Foley, Rossi have worked on the modifications to gain useable space and reduce costs. Some of the previous proposals submitted by others have indicated the removal of the old City Hall as a necessity for development. In initial meetings, the developer was asked to try and keep the building. He has said he would try, but has consistently indicated that keeping it had made the project more difficult because of the lost square footage.
   
   Councilmember Bomar questioned if studies have been done regarding the surrounding areas and the availability of other developable land, as well as the kind of businesses that could be supported by the current population, etc. She noted that this is the kind of information Council needs to know in making decisions that have implications on the area as a whole.
   
   Mr. McLemore said that any available data would likely be for this particular block and may not encompass the Buford Highway area.
   
   The developer has also indicated that a certain amount of dollars would be allocated for land purchase in their overall cost figures but depends on what the cost is for acquiring non-City property.
   
   In the new plan, the buildings fronting West Lawrenceville and Main Street would be reduced from two stories to one, the parking deck would be more visible and only the façade of the old city hall would be preserved in the original plan.
   
   Councilmember Dugan questioned the reduction in height, feeling that it would limit the visibility, and it was explained that handicapped accessibility and the cost of elevator components is a factor. Our ordinance requires two-stories, but a two- story façade would be acceptable.
   
   Mr. McLemore said the Downtown Development Authority will review modified plans August 19th and make a recommendation back to Council. Councilmember Whitlock asked if someone is helping the DDA to make informed decisions through the work process. Consultant Bill Butler will continue to work with the DDA.

MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA

Announcements:
City Clerk Teresa Lynn announced the upcoming events:
Summer Stage Concert – “Tribute to the Troops” on Saturday, August 2nd at 7:30 pm in the Town Green. Free Admission. This will be an entertaining show and touching tribute to our soldiers, veterans and our country. You will see the likes of Bob Hope, Diana Ross, Liza Minnelli, Sara Vaughn, Frank Sinatra, Louis Armstrong and the Andrews Sisters.

Brown Bag Lunch – The final brown bag lunch of the summer will be on Thursday, August 7 from Noon – 1:30 pm. Come out with your brown bag lunch or buy lunch from one of our downtown restaurants and enjoy live music by Nick Pallas.

Supergigs Concert – Saturday, August 9th beginning at 1:00 pm. Enjoy music from Chris Cauley, Skinny, The Critty Upchurch Band, A1A, and the headliner is the Zac Brown band. Tickets are $15 in advance and $20 at the gate and may be purchased at www.ticketalternative.com.

Councilmember Bomar noted that the Steverino’s, the new pizza restaurant in the downtown, was featured in the Atlanta Journal Constitution. She also mentioned that Duluth has a new Eagle Scout, Tyler Rood of Troop 419. She also congratulated City staff member Elizabeth Rudin for completing her Master’s in Public Administration, and referenced the first ever Duluth LEAD Academy, which starts in September and is a program for City residents which will provide insight into the inner workings of Duluth City government.

1. Ceremonial Matters
   1. RECOGNITION FOR COMMUNITY ORIENTING POLICE STAFF (COPS)
      Council member Whitlock, the Mayor and Council recognized Chief Belcher and his Community Orienting Policing Staff (COPS) for being awarded the 2008 Recipient of the Motorola/Dr. Curtis E. McClung Award of Excellence. Chief Belcher explained that “Operation DriveSmart” originated in 2000 and started as a “Ghost Out” – a very realistic program to prevent teen driving accidents. He explained the details of the program, which is now been provided throughout the entire State of Georgia, and noted that over 100,000 teen drivers have participated since inception. This program was chosen as the award winner out of 40 other state programs. Officers Scott Parrish, Randy Samuels, and JT Wood were on hand to receive recognition.
   2. RECOGNITION & PRESENTATION - DULUTH BOYS SENIOR BASEBALL
      Council member Jim Hall introduced Coaches Jeff Biddle and Jeremy Tatum and the Duluth Boys Senior Baseball team, who presented their “Sportsmanship Trophy” to the Mayor and Council. The team, ages 16-18, was awarded second place in the 2008 Dixie Youth State Baseball Tournament hosted at Bunten Road Park. The team made it to the final game of the tournament against Parkview. Duluth rallied from a 7 run deficit, but the 8 inning game ended with a two run homer from Parkview. Duluth proudly represented the community and was awarded the 2008 state “Sportsmanship Award.” Players recognized; Jason Slade, Zack Barbatos, Nick Gubitosa, Matt Upchurch, Michael Young, and Jimmy Crocker.
   3. DOG DAYS OF DULUTH
      Council member Bomar called forward Shelly Howard and Jennifer Freeman to recognize and thank the volunteers who worked untold hours on the “Dog Days of Duluth” public art project and fundraiser. The dogs will be on display for three months, at which time they will be auctioned during a special black tie event at the Red Clay Theatre on October 5th. All proceeds go to the Duluth Historical Society.
      
      Volunteers included: Lucile Walker, Judy Wilson, Alana Moss, Beth Moody, Sharon Murphy, Erin Mallory, Wallace Reid, and Downtown Manager Elizabeth Rudin. Douglas Brown donated the tree stumps as pedestals for the dogs. James of United Tool rental and provided forklifts, etc. to assist in staging. Tony and Duane Palmer at North Perimeter Collision coated all the dogs for weatherproofing. Glen Faulkner and Fred Wilson also assisted with the placement in the park. A professionally bound book was created by Wallace Reid that will be sold at the auction, and commemorative t-shirts are currently available for sale. Ms. Howard noted the success of this first ever event and hoped that it would be continued.
2. Consent Agenda
   1. APPROVAL OF JULY 14, 2008 MINUTES
   2. WAIVER REQUEST/USE AGREEMENT - ROGERS BRIDGE PARK - 3-DAY BREAST CANCER
      [Exhibit “A”]
      Approval of this item approves a request for the use of Rogers Bridge Park as a campsite from October 23 – October 26, 2008 for the National Philanthropic Trust (NPT) 2008 Atlanta Breast Cancer 3 Day event at the request of organizer David Kramer. Staff recommends approval of the event, waiving section 10.5-40 of the Duluth code, and authorizing the Mayor to execute the contract. The Foundation will provide the required Site Liability Insurance Policy, and approved usage agreement for the Mayor and Council.
   3. ACCEPTANCE OF DONATION - $1,000 – MOTOROLA
      Approval of this item accepts a $1,000 donation from Motorola for winning the 2008 Motorola/Dr. Curtis E. McClung Award of Excellence to be placed in the COPS programs account 581-37.1002.
      
      A motion was made by Councilmember Hall, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.
      
      Those voting for: Council members Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried. 
3. New Business
   1. ORDINANCE TO AMEND THE DULUTH CODE – ALCOHOLIC BEVERAGES [Exhibit “B”]
      City Attorney Lee Thompson explained that the ordinance presented for Mayor and Council’s consideration clarifies the existing ordinance regarding selling “by the drink” or consumption on the premises as well as amending the Code to comply with new state law.
      
      Those establishments who are licensed to sell alcohol for consumption on the premises, such as bars and restaurants, are not permitted to sell whole bottles of alcoholic beverages other than beer or wine to their patrons. Due to recent changes in Georgia law concerning bottles of wine purchased (Senate Bill 55 and House Bill 55) which allows for “resealed partially consumed bottles of wine” to be carried out of restaurants and transported in one of three ways, the Mayor and Council considered an ordinance to amend Sections 3-555, 3-662, 3-751, 3-650 and 3-664 of Chapter 3 the Duluth Code.
      
      Restaurant patrons are permitted to transport unused portions of their wine by placing it in a locked trunk, placing it in a locked glove compartment, or placing it in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. Restaurants are required to reseal the wine bottles and attach the receipts before they leave the premises. The amended ordinance further states that establishments that sell liquor by the drink cannot sell bottles of distilled spirits, nor can they be carried out.
      
      Council member Bomar commented that the new law should promote responsible drinking, as people no longer have to feel that they need to finish an entire bottle before leaving the restaurant, but can now take it home and consume it at another time.
      
      A motion was made by Councilmember Mundrick, seconded by Councilmember Bomar, to approve the ordinance to amend the Duluth Code of Ordinances as presented.
      
      Those voting for: Councilmember’s Bomar, Dugan, Hall, Mundrick and Whitlock
      Motion carried.
4. MATTERS FROM Citizens
   1. Dave Kramer with the 3-day Breast Cancer Walk came forward to thank the City for allowing their event to be held in Duluth.
5. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
   1. Councilmember Bomar announced the Public Hearing to be held in the City’s Community Room Thursday evening July 31st 6-8 p.m. to gather comments on the Hospital Connector Project. The City Administrator said that staff would be setting a meeting date to gather comments on the Ridgeway Connector project at a future date.
      
      Council member Hall thanked the Public Works Department for their work in making the Friday night movies on the Green a success.
6. EXECUTIVE SESSION
   1. A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to adjourn to Executive session to discuss potential/pending litigation, personnel, and real estate matters at 7:45 p.m.
      
      All for. Motion carried unanimously.
      
      Mayor Harris announced that a work session would also be held upon adjournment of the Executive Session in the Main Street Conference Room.
      
      After the discussion, a motion was made by Councilmember Mundrick, seconded by Councilmember Whitlock, to adjourn to regular session at 8:00 p.m.
      
      All for. Motion carried unanimously.
7. ADJOURNMENT
   1. A motion was made by Councilmember Bomar, seconded by Councilmember Hall, to adjourn at 10:15 p.m.
      
      All for. Motion carried unanimously.

UPON ADJOURNMENT, A WORK SESSION OF THE MAYOR AND COUNCIL WAS HELD IN THE MAIN STREET CONFERENCE ROOM.

WORK SESSION OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
JULY 28, 2008

1. RED CLAY THEATRE
   Shelly Howard of the Red Clay Theatre came forward and spoke about new ideas for “Art in the Park” for 2009. She stated that the committee was discussing other ideas such as allowing artists to create sculptures, glass or bronze to be placed in the park for citizens to vote for their favorite, possibly the one selected as a favorite to be purchased by the City for permanent placement in the park. Other ideas include a Wine/Champagne Art Walk, and perhaps a Lecture Education Series.
   
   Ms. Howard introduced her new business partner, David Coossette who presented the annual report on the status of the Red Clay Theatre. Mr. Coossette explained that although tickets sales to the theatrical plays were down the theatre was doing well with the additions of several new programs and was self supporting. They adopted practices of controlling costs and are currently updating their web site. A Director of Education and PR & Marketing are now on staff along with several volunteers who are dedicated in helping to keep the Red Clay a viable part of the City’s downtown.
2. PLEASANT HILL VILLAGE UPDATE
   Planning Director Cliff Cross explained the City’s position and inability to file a formal dispute due to passage of the timeframe, but the main concern of the City is still the density of the project.
   
   City Attorney Lee Thompson explained that he attended the Gwinnett County Planning Commission and filed an objection with the Gwinnett County Commissioners at the public hearing held on Tuesday July 22nd. The next step would be to file in Superior Court. Mr. Thompson was directed to prepare written notification to the Board of Commissioners, Atlanta Regional Commission and the Dept. of Community Affairs to point out procedural defects in the DRI report, and express our opinion that the project should not be allowed to go forward until these areas of concerns are corrected. Council also agreed that Mr. Thompson could meet with the residents but to explain that he represents the City and could not represent them.
3. DIRT PILE ON PEACHTREE INDUSTRIAL
   The Planning Director stated that the deadline was over for the removal of the dirt. He would issue code violations if new land disturbance permits were not received in his office by Tuesday, July 29th.
4. ECONOMIC PLANNER UPDATE
   Due to the position title change to “Economic Planner,” the Planning Director and City Administrator will conduct the interviews and choose the candidate that they feel would be qualified to fill the position.
5. AUGUST 4TH WORK SESSION AGENDA
   DOT Project Update, Strategic Updates, SPLOST Projects, Investigation Report, and Personnel Policy will be discussed on August 4th. (Council member Whitlock will issue his comments through email.)