AGENDA
MAYOR AND COUNCIL
CITY OF DULUTH, GA 
OCTOBER 23, 2007

6:30 P.M. – WORK SESSION

7:00 P.M. - CALL TO ORDER: Mayor Shirley Fanning-Lasseter

INVOCATION/PLEDGE: Rev. Dick Baker 

WELCOME RESIDENTS: Centurion Hills/Peachtree Walk

I. CEREMONIAL MATTER

1. PROCLAMATION – FAMILY LIFE MONTH

Mayor Lasseter to proclaim November as “Family Life Month” in the City of Duluth, and present to members from the Church of Jesus Christ of Latter Day Saints, to encourage residents to implement simple activities to strengthen family bonds and to help families in need.

II. CONSENT AGENDA 

1. APPROVAL OF OCTOBER 8, 2007 MINUTES

2. LEASE AGREEMENT - ATLANTA CHAPTER NATIONAL RAILWAY HISTORICAL SOCIETY

Approval of this item authorizes the Mayor or City Administrator to enter into a lease agreement with the Atlanta Chapter – National Railway Historical Society also known as the Southeastern Railroad Museum (SRM) for the re-location and rent of the City of Duluth’s W. P. Jones Depot. The building shall be leased to SRM at a rate of $1.00 per year to be due upon execution of the lease and thereafter on January 1 of each subsequent year. Southern Railway Museum agrees to move the leased premises from its current location at WP Jones Park on Pleasant Hill Road to the current location of SRM at 3615 Peachtree Road. The lease will enable the Railway Museum to move the building onto the Museum property and restore it for citizens and tourists to see in conjunction with their railroad museum exhibits.

3. ORDINANCE OF APPOINTMENT – ZONING BOARD OF APPEALS 

Approval of this item clarifies members and current terms of office for all Zoning Board of Appeals members.

4. PDP TRANSFER – SALARY AND BENEFITS

In June of this year police officer David Jones was transferred from the Uniform Division to the Criminal Investigation Division. When the FY08 budget was prepared he was included in the Uniform Division. Approval of this item authorizes the transfer of his salary and benefits amounts to the Criminal Investigation Division.

Account Name Amount TRANSFER TO FROM
Salaries $48,103 100-802-322151110 100-807-322351110
Overtime 4,811 100-802-322151130 100-807-322351130
FICA Tax 4,048 100-802-000051220 100-807-000051220
Benefits 14,655 100-802-322151292 100-807-322351292
Performance Comp 886 100-802-322151291 100-807-322351291

5. AUTHORIZATION AND WAIVERS – INDIAN “FESTIVAL OF LIGHTS” – NOVEMBER 10, 2007

The Indian “Festival of Lights” free downtown event is authorized by the City of Duluth. A waiver of sign permit fees and location requirements was previously approved by Council on September 10th. As such, approval of this event also waives food service requirements per Section 26-2-370 of the Official Code of GA, which exempts food vendors from having to obtain permits. 

III. PUBLIC HEARING

1. ORDINANCES OF ANNEXATION AND REZONING CASE A#0150-06 
KIA AUTOMOTIVE C-3 (COUNTY) TO C-2 (CITY) TAX PARCEL 6-236-222

This public hearing is to consider ordinances of annexation of 2.966 acres and rezoning for the property commonly known as 2493 NE Pleasant Hill Road, Gwinnett County Tax Parcel Number 6-236-222. The applicant requests that the property be zoned General Business District (C-2) from Highway Business District (C-3) as it currently stands in the County, which will allow them to continue their business operation as a new and used automobiles sales and service lot. 
The major issues associated with this request are:

1. Annexation; 
2. Rezoning from C-3 (county) to C-2 (city);
3. Relationship and interconnections with surrounding properties; and
4. Compatibility with Future Land Use Map. 

The proposed plan calls for the Duluth City Council to adopt a resolution under the 100% method of annexation at the request of the applicant. The subject property is currently developed as a commercial site with no proposed future residential use. This being the case, the surrounding density will not be affected by this annexation and rezoning proposal. 

Staff and the Planning recommend approval of the proposed annexation and rezoning request with the following recommendations: 

1. All provisions in the City of Duluth Zoning Ordinance and Development Regulations must be upheld.

IV. OLD BUSINESS

1. PRESENTATION TO COUNCIL – REDEVELOPMENT PLANS FOR CITY HALL BLOCK

On October 2, 2007 Mike Maschmeyer of Milestone Group presented a plan for redevelopment of the City Hall Block to the Downtown Development Authority (DDA). Bill Butler of JWB Realty and Greg Whitlock representing the DDA will explain the recommendation that Council approval to move ahead on the plans as presented. 

Mr. Maschmeyer, Bill Bartlett of Coro Realty Advisors and John Abbott, a partner in the firm of Stevens and Wilkinson Stang & Newdow Inc., Architectural Firm also presented renderings of the proposed redevelopment of the property bounded by West Lawrenceville, Main Street, Hill and Abbots Bridge Road. (Aka City Hall Block) to Council at the October 8, 2007 Council meeting. 

The proposed renderings include office, commercial and residential uses. The current City Hall building would be used in an arts/community-related function, possibly as artist studios. The plan featured a 2,900 square foot restaurant and a two-story commercial development fronting W. Lawrenceville Street that would include retail shops on the street level with offices on the second level. A pub or smaller restaurant would be located at the corner of W. Lawrenceville and Main Streets. On Main Street, there would be one level of commercial buildings topped by office space. The architecture would be comparable in style, scale and materials in the immediate area of downtown Duluth.

Three levels of condominiums would be built on Abbots Bridge Road. Development on Hill Street would consist of one or two levels of condos over one level of retail space. Secure self-parking would be located underneath each condo unit. 

A 15 foot sidewalk with trees and landscaping would encircle the block. A two-level parking deck in the center of the block with the lower level depressed into the land.

Letters from Ken Odum and a report by Bill Butler regarding the proposals submitted to the DDA are included in your backup materials for your consideration.

V. MATTERS FROM CITIZENS 

VI. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY

1. BID AWARD - CONTINGENCY REQUEST – $19,380 – CONCRETE CONTAINMENT BERM

As reported in the Weekly Report of October 12, 2007, funds are needed to cover the construction of a concrete containment berm at the Public Works Facility. This structure is needed to eliminate runoff from scrap metal items that are disposed of at the dumpsters, it is also required in order for us to comply with our Stormwater Pollution Prevention Plan. Three bids were received, Mathias Corp. - $43,500; Puckett Construction - $19,380; and Foundation Concepts - $17,472. Based on quality of previous projects, staff is recommending acceptance of the bid from Puckett Construction at $19,380. Contingency in this amount is requested and if approved would be added to PDP ST-01-08 - account #701-421053175 – Emergency Maintenance.

2. CONTINGENCY REQUEST - $16,591.50 - FUNDING FOR TAX EQUITY STUDY

The Mayor and Council to consider City funding for its population share of a Tax Equity Study contracted for by GwMA for its member cities. The amount requested from each city is 75 cents per capita based on the 2000 Census of 22,122 in the City of Duluth (.75 X 22,122= $16,591.50). This is an unbudgeted item and funds would need to come from contingency. The purpose of the study is to prevent Duluth taxpayers from paying taxes to the County for services that they do not receive such as Planning & Zoning, Police, Engineering, etc.

VII. EXECUTIVE SESSION – REAL ESTATE

VIII. ADJOURNMENT