AGENDA MAYOR AND COUNCIL CITY OF DULUTH, GA 3167 …...May 09, 2016 · bank account. So far, the...

PLEASE NOTE: This and other city meetings may be audio and/or videotaped for broadcast, transcription and/or archival purposes. As set forth in the Americans with Disabilities act (ADA) of 1992, the City of Duluth government does not discriminate on the basis of disability in the admission or access to or treatment of employment in its programs or activities, and complies with the requirements contained in section 35.107 of the Department of Justice regulations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity of the City of Duluth government should be made seven days prior to the event. Inquiries should be directed to the ADA Coordinator in the Planning Department, located at 3167 Main Street, Duluth, GA. 30096, telephone (770) 476-1790.

Nancy Harris, Mayor Marsha Anderson Bomar, Post 1

Jim Dugan, Post 2

AGENDA MAYOR AND COUNCIL

CITY OF DULUTH, GA

3167 Main Street Duluth, GA 30096

Billy Jones, Post 3 Kelly Kelkenberg, Post 4 Greg Whitlock, Post 5

MAY 9, 2016 CITY HALL - COUNCIL CHAMBERS 7:00 pm

The leaders and staff of the City of Duluth are dedicated to ensuring that Duluth is: an Attractive Destination, a Quality Community, a World Class Government,

and promotes a Sustainable Economic Environment.

6:15 P.M. – AGENDA REVIEW Main Street Conference Room 7:00 P.M. - CALL TO ORDER Mayor Harris or Mayor Pro tem INVOCATION Rev. Andy Action – Pleasant Hill Presbyterian Church PLEDGE OF ALLEGIANCE: Mayor Harris I. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY) 2. UPCOMING EVENTS

"Fridays N Duluth" & "Food Truck Fridays" - May 6th - October 28th at Town Green from 6 pm to 9 pm. Duluth is the place to be every Friday night as Food Trucks take over Downtown Duluth along side Fridays-N-Duluth! Come and experience exotic flavors in a mobile vending setting with amazing local cuisine while listening to live entertainment on the Festival Stage. Flicks on the Bricks presents a movie on the 1st & 3rd Friday of the month. Activities for children are available. It's a Community Block Party and you never know who you might meet! Get detailed information each week at www.duluthga.net/fridaysnduluth "Peach State Cornhole League" – Fridays - June 10th, July 29th, August 26th and October 14th at Town Green from 6:30 pm to 7:30 pm.

http://www.duluthga.net/fridaysnduluth

M&C Work Agenda May 9, 2016

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"National Day of Prayer" - May 5th at Town Green at 12 pm. "be Duluth. BE art." Art Week from May 7th to May 14th. The City of Duluth is hosting 8 days of art designed to bring out your creative side. Each day will host interactive art from colorful Tree Wrappings, Tweet & Seek, Dance, Theatre, Music, Eat Like A Local, Geocaching Art Scavenger Hunts, Digital Art and the list goes on... Go to www.duluthga.net/artweek for detailed information. "Duluth Fine Arts League Art Walk" – At Main Street/Town Green on May 13th from 6 pm to 9 pm. "Aurora Theatre presents “Memphis”" – At Town Green on May 14th at 7 pm. Premium tables are available for purchase at www.duluthga.net/artweek. (scroll down to the May 14th date) "Memorial Day Service and Fast Track 5k" – At Downtown Duluth/Town Green on May 28th at 7:30 am (Fast Track 5k) and 10:00 am (Memorial Day Service Honoring Purple Heart Recipients.) "SummerStage Concert featuring “Yacht Rock Revue”" - June 11th at Town Green 8:00 pm. Premium tables are available for purchase at www.duluthga.net/summerstageconcerts.

II. CEREMONIAL MATTER

1. STUDENT LEAD PROJECT PRESENTATION Representatives from the City's Student LEAD program will share their plans for a group project with the City Council. The Student LEAD participants are: Suk Joon Na, Jesus Lara, Hannah Eyre, Justin Park, Sal LeRosa and Kaylor Sexton. III. CONSENT AGENDA

1. APPROVAL OF APRIL 11TH, 19TH, 25TH MINUTES

2. APPROVAL OF PLAN – TITLE VI OUTREACH As part of the City's Locally Administered Project (LAP) Transportation Certification, an outreach plan to engage citizens who may not be traditionally included in public events is required. This includes minorities as well as limited English proficiency speakers. The City must make reasonable efforts to identify and include these populations in our events whether federal funding is used for these events or not. The draft plan attached outlines a variety of information that will allow the City to engage our citizens in a meaningful way. It is a dynamic plan and must be updated to meet the needs of the City's demographics. It will require annual updates which reflect our challenges as well as our accomplishments moving forward. Approval of this item authorizes the City Engineer to include the 2016 Title VI Outreach Plan in our LAP certification annual reporting for 2016 as required by GDOT.

3. AUTHORIZATION FOR AGREEMENT – STATEWIDE MUTUAL AID AND ASSISTANCE The City of Duluth previously executed the Statewide Mutual Aid agreement in 2012 that gave authority to receive mutual aid assistance in emergencies and to ensure timely reimbursement of costs incurred by local governments during such emergencies. The 2012 agreement is now in need of renewal. Approval of this item will extend the agreement through March 1, 2020 and further authorizes the Mayor and or City Manager to execute the agreement.

http://www.duluthga.net/artweek

http://www.duluthga.net/artweek

http://www.duluthga.net/summerstageconcerts


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4. APPROVAL OF INTERGOVERNMENTAL AGREEMENT - ROGERS BRIDGE As the Rogers Bridge project moves forward, the City and its partner agencies (Johns Creek, Gwinnett County, and Fulton County), will share in the cost of the matching portion of the TAP Grant. This amount totals $100k and will be split equally between the four partners. The previous IGA between Duluth and Johns Creek has been closed. Johns Creek paid 50% of the costs spent to date, prior to this new agreement. Funding authorization is anticipated in the next 30-45 days, and an executed IGA will allow us to move forward with the design phase of the project. Approval of this item authorizes the City of Duluth to enter into an intergovernmental agreement with three partner agencies to split the cost of a match on a grant from ARC for design of the Rogers Bridge project.

5. APPROVAL OF SCOTT HUDGENS PARK CIRCULATION BID AWARD The City received four bids for the Scott Hudgens Park Circulation SPLOST project. The Mayor and Council reviewed the bids at their April 25th work session. Archimetric - $643,265.00 ( Add alternates 1, 2, 4) Shepco - $792,920.00 (Add alternates 1,2,4) Sunbelt Asphalt $893,613.62 (Add alternates 1,2,4) Precision 2000, Inc. $1,009,961.20 (Add alternates 1,2,4) Alternates 1, 2 and 4 include Boundary fencing for the Park, Mill and overlay existing asphalt and Drainage/Stormwater improvements. Approval of this item awards the contract to Archimetric Design and Construction, Inc., in the amount of $643,265.00, plus 10% contingency for a total not to exceed $707,591.50, subject to execution of a City Attorney approved contract.

6. DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARY UPDATE As discussed at the April 25th work session, a review group comprised of Councilmembers Jones and Dugan and DDA Chairman Rob Ponder met on April 27th to discuss recommendations for a revision to the Downtown Development Authority boundary map. A map showing the recommended DDA boundary is attached. Approval of this item authorizes the inclusion of 221 parcels/ properties and approves the resolution and map as presented.

7. ORDINANCE TO AMEND THE DULUTH CODE – CHAPTER 15 – STORMWATER In March of 2016, Council adopted a new resolution regarding Ad Valorem Tax Billing and Collection. As stormwater charges are billed with real estate/personal property taxes, an amendment to the Code is necessary for Sections 15-20(b)(1) and (2) to reflect the accurate dates that interest and penalties will apply. Approval of this item approves the ordinance as presented.

8. ORDINANCE TO AMEND THE DULUTH CODE – CHAPTER 3 ALCOHOL - “ENTERTAINMENT DISTRICT”

A recommendation from the Alcohol Review Board and Downtown Merchants was discussed with the Mayor and Council during the April 25th work session. The proposed amendment to the alcohol ordinance Section 3-268 would provide for a "Downtown Entertainment District," which would allow the public to possess and consume alcoholic beverages in plastic cups where such alcoholic beverages are purchased from a licensed establishment located in the Central Business District (CBD) zoning district, with restrictions. No possession or consumption of alcohol shall be permitted in the playground at Taylor Park or the Duluth Cemetery. Additionally, the public is not authorized to possess and consume alcoholic beverages in the designated area unless they were purchased from a licensed establishment located within the CBD zoning district. Approval of


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this item authorizes an amendment to Chapter 3 - Alcoholic Beverages Section 3-268 by addition of new section (b) titled "Downtown Entertainment District."

9. ORDINANCE TO AMEND THE DULUTH CODE – CHAPTER 3 ALCOHOL – GOLF COURSE SALES

Staff received a request from the owners of the two golf courses located in Duluth requesting an amendment to the Duluth Code of Ordinances, Chapter 3, Section 3-103, 3-250(b)(10) and 3-259 - Outdoor Golf Course Sales. The Alcohol Review Board recommended and the Mayor and Council discussed the proposal at it April 25th work session. Approval of this item amends the Ordinance by permitting the sale of alcoholic beverages for consumption on the premises.

10. ORDINANCE TO AMEND FY16 BUDGET - $1,100 - SALE OF CONFISCATED PROPERTY The police department has used E-Bay to sell various items of confiscated property and would like to use the proceeds to purchase a server to store data. Over the past several months, the police department has used E-Bay to sell various items of confiscated property, with the funds being deposited in the City's Auction Proceeds bank account. So far, the sales have generated over $1,100 in revenue to the City. Due to the need to safely and securely store digital evidence and the fact that the available "free space" on our network and servers is almost all used, the police department would like to use these funds to purchase a Drobo Network Storage Unit. This would allow for the secure storage of large amounts of data and can be easily managed by our CSI lab technicians. Approval of this ordinance adds $1,100 to the Police - Support Services - Evidence Collection & Processing line item for the purchase of this equipment.

11. ACCEPTANCE OF FALL FESTIVAL DONATION & ORDINANCE TO AMEND FY16 BUDGET - $30,000

As part of last year's Fall Festival activities, the City of Duluth built a two car train to enter in the festival parade for members of council to ride on. The train was powered by a tractor from the City's Public Works Department. After members of the Fall Festival Committee saw the train and how much it represented the historic roots of Duluth, they asked if the City would continue to preserve the train as is and offered to donate $30,000 to the City to replace the tractor that powered it. Approval of this item accepts the donation and a corresponding budget amendment to add this amount to Donation line item 100-371005 and also to the Public Works - Machinery line item 100-3000-3224-531107 to purchase a replacement tractor. IV. PUBLIC HEARING

1. ORDINANCE OF ADOPTION - FY17 BUDGET Per the State Code of Georgia, the Mayor and Council to hold a Public Hearing for the purpose of receiving public comment on the proposed FY 2017 Annual Operating and Capital Projects Budget. Prior to this Public Hearing, staff and council reviewed the proposed FY 2017 budget in Budget Workshops, opened to the public. The City Manager will present the proposed FY 2017 budget. The ordinance adopting the FY 2017 budget with a tentative millage rate of 5.991 will be presented for consideration on Monday, June 13, 2016 at a regularly scheduled meeting of the Mayor and Council. V. MATTERS FROM CITIZENS VI. MATTERS FROM COUNCIL VII. MATTERS FROM CITY MANAGER IX. EXECUTIVE SESSION It will be necessary to hold an executive session on Real Estate, Pending/Potential Litigation, Personnel.


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VIII. ADJOURNMENT The next scheduled meeting of the Mayor and Council is a work session for May 23, 2016 at 5:30 p.m. The May 30th fifth Monday work session is cancelled due to holiday.

DRAFT MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA

APRIL 11, 2016 PRESENT: Mayor Harris, Council members Dugan, Jones, Kelkenberg and Whitlock, Department

Directors, City Attorney ABSENT: Councilmember Bomar & City Manager James Riker A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening’s agenda items. It was agreed to add an item 3 to the agenda under “Matters from Department Directors” for an amendment to On-Call Contract with Pond and Associates. Mayor Harris called the meeting to order at 6:35 p.m. and called for a motion to adjourn into an Executive Session for the purpose of discussing Real Estate, Pending/Potential Litigation, and/or Personnel matters.

I. EXECUTIVE SESSION A motion was made by Councilmember Kelkenberg, seconded by Councilmember Dugan, to adjourn to executive session at 6:35 p.m. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried. After the discussion, a motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock, to return to regular session at 6:55 p.m. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried. Mayor Harris called for a Moment of silence. PLEDGE OF ALLEGIANCE II. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY) 2. UPCOMING EVENTS

"Fridays N Duluth" & "Food Truck Fridays" - May 6 - October 28, Town Green - 6:00 pm to 9:00 pm Duluth is the place to be every Friday night from May-October as Food Trucks take over Downtown Duluth alongside Fridays-N-Duluth! Experience exotic flavors in a mobile vending setting with amazing local cuisine while listening to live entertainment on the Festival Stage.

Duluth Agenda Binder 5/09/16

Draft Minutes of M&C April 11, 2016

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Flicks on the Bricks presents a movie on the 1st & 3rd Friday of the month. Activities for children are available. It's a Community Block Part and you never know who you might meet! "Peach State Cornhole League" – Fridays: March 25 – April 29, June 10 – July 29, August 26 – October 14 Town Green - 6:30 pm to 7:30 pm

"National Day of Prayer" -May 5, Town Green - 11:30 am "be Duluth. BE art." Art Week: May 7 - May 14. The City of Duluth is hosting 8 days of art designed to bring out your creative side. Each day will host interactive art from colorful Tree Wrappings, Tweet & Seek, Dance, Theatre, Music, Eat like a Local, Geocaching Art Scavenger Hunts, Digital Art and the list goes on... Go to www.duluthga.net/artweek for detailed information. "Duluth Fine Arts League Art Walk": May 13, Main Street/Town Green - 6:00 pm - 9:00 pm "Aurora Theatre presents Memphis": May 14, Town Green - 7:00 pm "Memorial Day Service and Fast Track 5k": May 28, Downtown Duluth/Town Green - 7:30 am - Fast Track 5k 10:00 am - Memorial Day Service honoring Purple Heart Recipients.

I. CEREMONIAL MATTERS

1. PROCLAMATIONS – PAINT GWINNETT PURPLE WEEK The Mayor and Council proclaimed May 8-13, 2016 as “Paint Gwinnett Purple Week in support of the efforts of Relay for Life, which has been a Gwinnett County event for 23 years raising money for the fight against cancer.

2. PROCLAMATIONS – TOASTMASTER INTERNATIONAL DAY

The Mayor and Council presented the District Leadership and 2016 Spring Conference Team with a “Toastmaster International Day” proclamation. Toastmasters International's mission is to help people personally and professionally communicate effectively. Toastmasters International celebrates a 92-year history and continues to support Georgia citizens in their quest to enhance communication and leadership skills.

3. PROCLAMATIONS – APPRECIATION FOR ANDY KIM The Mayor and Council proclaimed April 11th as “CH Andy Kim Day” for his efforts to support and unite the Korean American Community with the City of Duluth through many cultural, educational, economic and outreach practices.

4. PROCLAMATION – ART WORKS! GWINNETT The Mayor and Council proclaimed April 11th as ArtWorks! Gwinnett Day in recognition of the value and potential of this organization to promote the arts, providing citizen engagement, educational opportunities and cultural resources, which contribute heavily to economic growth and quality of life in Gwinnett County, Georgia.



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II. CONSENT AGENDA

1. APPROVAL OF MARCH 11TH/25TH MINUTES

2. ORDINANCE TO APPOINT DULUTH PUBLIC ARTS COMMISSION (DPAC) MEMBERS {A}

As discussed during the work session on March 28th, approval of this item approves the ordinance to appoint DPAC members: Eddie Owen to fill the open Resident/Art Professional position, James Mack to fill the open Resident/Art Professional position, Eva Kuhn to fill the open alternate position, and Louis Tseng to fill the open alternate position.

3. ORDINANCE TO APPOINT DOWNTOWN DEVELOPMENT AUTHORITY MEMBERS {B} As discussed during the work session on March 28th, Staff recommends the appointment of Jim Graham and Ken Odum to fill the two open economic interest positions for the DDA. Approval of this item approves the ordinance as presented.

4. ORDINANCE TO AMEND THE DULUTH CODE – CH 7 ARTICLE VIII – MASSAGE {C} Approval of this item authorizes an amendment to the Duluth Code, Chapter 7 Article VIII - Massage, by adding the required language as submitted by the Ga. Bureau of Investigation which requires the City Clerk to obtain an Originating Agency Identifier (ORI) when submitting applicant fingerprints on behalf of non-criminal justice governmental agencies for employment or licensing purposes under a FBI-approved state or federal statute.

5. ORDINANCE TO AMEND THE DULUTH CODE – CH 2 ARTICLE III – PER DIEM/TRAVEL {D} At the March 28th work session of the Mayor and Council, staff presented a recommended amendment to the per diem, lodging, travel and overnight expense policy. After discussion, Council directed staff to include this amendment for the elected officials’ travel reimbursement policy as well. Approval of this ordinance amends travel and lodging expense reimbursements for employees and elected officials, and combines Section 2-47 of the Duluth Code of Ordinances with Section 2-48.

6. ORDINANCE TO AMEND FY16 BUDGET – $250 – DONATION FOR POLICE BANQUET {E} The Duluth Police Department recently held its annual police banquet to recognize police personnel for outstanding service during the past year. The department has received an additional donation of $250 from a local business to support this annual event. Approval of this item accepts the donation and a corresponding budget amendment to add this amount to the COPS Fundraiser/Donations - Donations line item 581-371005 and also to the Supplies line item 581-3225-531104.

7. ORDINANCE TO AMEND FY16 BUDGET - $4,415 – POLICE RIFLES {F}

Due to a national lawsuit involving defects with the rifle sights being used by the police department, the Duluth Police Department recently returned the sights to the manufacturer and received a refund of $4,415 which the department intends to use for the purchase of new rifle sights. Approval of this ordinance adds $4,415 to the Police Support Services - Police Equipment line item for this purchase.



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8. ORDINANCE TO AMEND FY16 BUDGET - $3,000 – DREAM KEEPERS {G} At the March 14th Council meeting, the City Manager briefed Council on the proposed location of the Dream Keepers Art Sculpture in the planter area adjacent to the paver lot. Due to the size and complexity of the art work, it was recommended that Pond & Company be hired to develop certified construction drawings for the installation of the art piece. Funding for the construction drawings was to come from a $3,000 donation provide by Kathy Fincher. Staff is requesting that the City accept the donation and a corresponding budget amendment to add this amount to the Planning & Development - Professional Services line item for the above contract. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Jones, to approve the Consent Agenda as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

III. PUBLIC HEARINGS

1. ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE - TA #2016-01 {H} Mayor Harris opened the public hearing to consider an ordinance to amend the Unified Development Code, and further explained that this item was postponed from the March 14th Council meeting to allow further discussion. She explained that, as in all public hearings, upon conclusion of the presentation, there would be ten minutes allowed to speak in favor of and ten minutes to speak in opposition to the proposed ordinance.

Planner Rich Atkinson came forward and explained that staff has been working with the newly adopted regulations for almost one year, minor clerical and interpretation conflicts have been discovered that need to be clarified to make the UDC a more user-friendly document. The Planning Commission recommended approval of the text amendments at their February 15, 2016 meeting.

At the March 14, 2016 Council meeting, a public hearing was held whereby staff provided a presentation regarding the changes to Article 1 through 11 and Article 14 of the UDC at the public hearing. At that time, Council tabled action until April 11, 2016 in order to have staff clarify the proposed changes to the landscaping and front yard parking. Mr. Atkinson explained the proposed changes (see attached presentation) regarding:

Density (Table 2-B)

Non-conforming Uses (No expansion)

Use Chart (207.07 – additions and subtractions, consistency)

Definitions (“Yard” – with or without a building)

CBD Architectural Guidelines (Limit stucco)

Fences (permitting)

Alcohol Beverage Sales (take regulations out)

Outdoor vending (allow in certain zoning districts)

Outdoor storage (connected to establishing building)

Parking (residentially zoned)

Landscape, Buffers, Trees (tree removal)

Native Species requirement (less restrictive, more flexibility)

Alleys and Street jogs (approved case by case)

Review time for special use or map amendment (changed to ten days)



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Mayor Harris called for discussion from Council. Councilmember Whitlock asked for explanation on the consistency of parking requirements. Mr. Atkinson responded that current regulations allow for up to 35% of property to be paved. Mr. Whitlock thought that a restriction of 35% of “front yards” would be preferable. Councilmember Dugan noted that would allow additional parking on the rest of the property. Community Development Director Nick Colonna agreed that limiting the percentage for the entire yard gives staff more control, and the 35% is consistent with surrounding jurisdictions.

Councilmember Whitlock also asked whether the proposed density of 15 units per acre (urban) and 3 units per acre (suburban) was appropriate as he was unsure of the R-200 and R-100 designations. Mr. Atkinson replied that the 200 feet/100 feet speaks to the frontage, not acreage. Mr. Colonna noted that this reference now matches the Community Agenda document. Mayor called for questions or comments from the public. Claude Doug Milam asked if the current signs and fencing already in place would be grandfathered in. Mayor Harris confirmed. There being no further comments or questions, Mayor Harris closed the public hearing and called for a motion. A motion was made by Councilmember Jones, seconded by Councilmember Dugan, to approve the ordinance to amend the UDC as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

2. REQUEST FOR ANNEXATION/REZONING– CASE A#2015-02 - 7243 170 – R-100 TO R75 - MILAM {I} Mayor Harris explained that the Mayor and Council are to consider a request of annexation and rezoning for Cases A#2015-02 & Z#2015-01, which would actually require two public hearings, with supporting and opposing comments limited to ten minutes each. The first public hearing is to consider the Annexation request and the second public hearing would be to consider the rezoning request. Since the cases are technically connected, Planning Staff presented both the annexation and rezoning at the same time. Mayor Harris opened the public hearing to consider an Annexation request. City Planner Rich Atkinson came forward and explained that applicant Claude Douglas Milam seeks to annex +/- 40.19 acres of land known as parcel number 7243 170 (hereinafter referred to as the “County Parcel”) from Gwinnett County into the City of Duluth. The applicant also seeks to rezone an adjoining property already located within the City of Duluth, known as parcel number 7243 001 (“City Parcel”). The general intent is to develop the combined parcels as a gated executive single family housing community. Mr. Atkinson showed a map of the subject property. He said that the County parcel is currently zoned R-100 (Single Family Residential) in Gwinnett County. If annexed, the applicant requests R-75 (Single Family Residential) zoning in the City. The City parcel is currently zoned RA-200 (Residential Agricultural), and the applicant requests a rezone to R-75 (Single Family Residential). If annexed and rezoned, the County parcel is to be developed concurrently, or by a City approved phasing plan, with the adjoining 37.70-acre City parcel.



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This case was scheduled to be heard by the Planning Commission on October 5, 2015 and was tabled at the applicant’s request to work on an access issue until March 7, 2016. This case was then heard by the Planning Commission on March 7, 2016. Staff reported that the access to the subject property is currently insufficient to meet the demands of the proposed project. No additional information regarding property access, building elevations, or utilities (sewer line running through 18 lots) was submitted to the Planning Commission prior to the March 7th meeting and therefore, the Commission recommended denial for both cases. Mr. Atkinson explained that the applicant is in discussions with National Park Service to acquire land for the entrance. He also noted that there was an appeal of an administrative action by the applicant regarding a supposition that property be provided by the City, which was previously denied. As no new information has been provided, staff recommended denial of the request. Mayor Harris called for discussion from Council. There being no comments, the Mayor called forward applicant Doug Milam. Melissa Vanderhoof and John Gaskin of 4770 S. Atlanta Road, Smyrna, came forward in support of the project and addressed the last issues that staff addressed. Mr. Gaskin reported that Mr. Milam submitted the entire property to the Atlanta Regional Commission (ARC) two years ago, which was approved based on Metropolitan River Protection Act (MRPA) regulations. The site was approved with the caveat that access had to be approved before ARC would grant full approval. The National Park Service (NPS) was contacted regarding an option for a land swap at the end of Rogers Bridge Road; the applicant requested their two acres for his two acres that were contiguous to NPS, which would give him the property needed to access the proposed development. The applicant has been notified that the exchange will be complete April 29th. Appraisals were done on both properties, as the NPS had to verify that they would not be losing money on the trade, and the reports showed an even exchange for 2 ½ acres of riverfront exchanged for 2 acres on Rogers Bridge.

Mr. Gaskin further said that there are sanitary sewer easements for the North Chattahoochee interceptor line which runs parallel to the river, and another 8” line to Castlemaine. He proposed the Council approve this request, with the following three conditions:

1) Final zoning subject to fully executed land exchange agreement between the US Department of Interior and applicant Milam, that provides road frontage on Rogers Bridge Road sufficient enough for this project to meet City of Duluth UDC requirements for sections 904 and 905. A copy of this executed agreement shall be provided to the City of Duluth.

2) Final zoning be subject to final letters of approval from the Atlanta Regional Commission (ARC) regarding any and all Metropolitan River Protection Act (MRPA) issues, and acknowledgement of ARC approval of the Land exchange agreement, and proof that it is in compliance with MRPA regulations.

3) Any lot located within the project with existing 8’ feeder lines from Castlemaine or that contains the North Chattahoochee 32” interceptor line has to be approved by the Gwinnett County Water and Sewer prior to issuance of building permits for that particular lot.

Ms. Vanderhoof then presented indications of home elevations, and noted that they are similar to River District in Berkeley Lake. Elevations had not been requested previously, and since Mr. Milam is a developer and not a builder, the builder is typically the one to provide them. She felt that perhaps the City can ask for approvals on elevations prior to issuance of Land Disturbance Permits.

Mayor Harris called for questions/comments from the public.



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Ms. BettinaTroutman of 4122 Leprechaun Way (Castlemaine subdivision) came forward to speak against the proposal. She said she has attended all the prior meetings and is still concerned about school overcrowding and road congestion. She reported that the sewer line has frequent backups as it is, as well as power outages. The area is located in a flood zone, and she has photos to show the extent of the flooding. She felt that the City hasn’t even seen the impact that the new Fuqua subdivision and apartments will have on the area, but asked Council to deny for now and see what will happen once everything is open. Councilmember Jones commented that, based on additional information brought forward tonight, he could not support approval or denial at this time. There being no further comments or questions, Mayor Harris closed the public hearing on the annexation request and called for a motion. A motion was made by Councilmember Jones, seconded by Councilmember Kelkenberg, to postpone indefinitely the annexation request for Case Z#2015-02 as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

3. REQUEST FOR REZONING – CASE Z#2015-01 REZONING 7243 170 – R-100 TO R75 - MILAM Mayor Harris opened the Public Hearing for Case # Z#2015-01. Mayor Harris called for comments from the Council. There being none, Mayor Harris called for comments from the applicant. Mr. Gaskin addressed the sewer line issues and said that new lines would be installed for the project. Mr. Milam said there would be no effect on Castlemaine other than to have the County improve their lines while installing new ones for his property. Mr. Gaskin said that the flood plain has been studied and the area has been set aside as undisturbed. Mayor Harris called for comments from the public. Ms. Troutman said she has seen correspondence to the contrary; the way it’s planned would cause more water and flooding to come, along with the new construction of the bridge. There being no further comments or questions, Mayor Harris closed the public hearing on the rezoning request and called for a motion.

A motion was made by Councilmember Jones, seconded by Councilmember Dugan, to postpone indefinitely the rezoning request for Case Z#2015-01 as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.



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IV. NEW BUSINESS

1. PROJECT AUTHORIZATION– “ART WEEK” TEMPORARY COMMUNITY MURAL/COLLAGE {J} Ashley Lynch, Co-chair of DPAC, came forward and requested the Mayor and Council to consider authorizing the Art Week Committee to provide paint and brushes for members of the community to paint a temporary mural on the white wall between the upper and lower parking lot across in the area known as the "Festival Lot," located across Hill Street from the Festival Center. This is a temporary mural that will be removed after the Art Week events. The goal is to create a painted collage that covers the entire wall. This activity would be a part of Duluth Art Week, 2016 and funding would come from the existing Art Week budget. The Duluth Public Arts Commission recommended approval of this project as an Art Week Event. The attached application provides an overview of the event project. (Please note that the spray painting option will no longer be used; traditional wall paint and brushes will be utilized.) DPAC and the Art Week Committee are seeking support from Council to move forward with this event project. A motion was made by Councilmember Dugan, seconded by Councilmember Whitlock, to approve/authorize to provide supplies and allow the temporary mural project in the Town Green. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

2. FISCAL YEAR 2015 AUDIT REPORT PRESENTATION Finance Committee Chairman John Monk came forward and presented on behalf of the Finance Committee the City’s annual audit report. The audit was presented to the Finance Committee by Joel Black with Mauldin & Jenkins at the committee’s special called meeting on March 31, 2016. The audit report includes the City as a whole, the Downtown Development Authority, and the Urban Redevelopment Agency. The auditor issued an unqualified or clean opinion on the City’s financial statements. The audit report also included one finding of noncompliance material to the financial statements. This finding related to the 2015 DDA Block Development Project Bond funds with Regions Bank not being collateralized to 110% of the deposit amount of $7,497,324 at June 30, 2015 as required by state law. This deposit is now properly collateralized in accordance with state law and a corrective action plan has been filed with the Georgia Department of Audits and Accounts. The Finance Committee and staff recommend that Council accept the report as presented. A motion was made by Councilmember Jones, seconded by Councilmember Kelkenberg, to approve the recommendation of the Finance Committee to accept the FY 2015 audit report as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

3. ANNUAL EMPLOYEE INSURANCE RENEWAL PROPOSAL {K}{L}{M} Finance Committee Chair, John Monk explained that MSI Benefits had met with the Finance Committee on March 31st to discuss the bids received from various insurance carriers and options for renewal of the employee medical, dental, life and disability Insurance. John Leggett of MSI came forward and reported on the recommendations of the Finance Committee, which are to accept the following renewals, each offered with no increase in cost for the upcoming plan year:

1) Renewal of the employee health plan with Blue Cross Blue Shield (BCBS) of GA 2) Renewal of the employee dental plan with BCBSGA 3) Renewal of the employee life and disability insurance with Greater Georgia Life



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A motion was made by Councilmember Dugan, seconded by Councilmember Jones, to approve the renewal of the employee medical and dental insurance with Blue Cross Blue Shield of Ga. and further authorize the renewal of the employee life and disability insurance with Greater Georgia Life. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

4. ANNUAL SALARY SURVEY RESULTS/JOB CLASSIFICATION REPORT Finance Committee Chair, John Monk requested the Mayor and Council to consider approval of the annual salary classification pay plan study as conducted by Human Resources Manager Ed Johnson and reviewed by both the Executive Pay & Benefits Committee and Finance Committee. The HR Manager researches and compares salary ranges in the City of Duluth with 14 other local jurisdictions in order to determine the prevailing pay range for each position in the local market area. This annual survey helps ensure that the City can attract and retain qualified and competent employees; avoid over-paying or under-paying employees; and keeps the salary structure technically up-to-date. The COLA increases are vital in keeping the pay competitive and reduces the need to re-grade jobs. This year, eleven (11) positions were recommended to the Finance Committee for a change in pay grade (i.e., re-grade). If approved the changes would be effective July 2, 2016 to coincide with the first full pay cycle of FY17. The study also reviews the classification of various duties performed to determine if they have been placed in the appropriate pay range compared to other cities. This year's summary increases the pay grade of 11 job titles for a total cost of $17,252.41. Grade change Parks and Recreation Director +1 Public Works Director +1 Clerk of Municipal Court +1 City Clerk +1 Public Information and Marketing Mgr. +1 Building & Development Inspector +3 Accounting Officer +1 Information Technology Technician +1 Information Technology Manager +1 Finance Manager +1 Deputy City Clerk +1 The impact to the budget for these eleven position re-grades are: Direct Increase $14,230.10 Hourly Overtime $ 128.96 Salary Sub-Total $14,359.06 7.65% FICA $ 1,098.47 8.50% Pension $ 1,220.52 2% 401a Match $ 287.18 2% other insurance $ 287.18 TOTAL $17,252.41 The Finance Committee recommended approval. Staff recommends the effective date be July 2, 2016. Councilmembers Dugan, Jones and Kelkenberg noted that they are pleased that the City can offer quality medical benefits to the employees and keep salaries fair and competitive in the market at minimal cost to the City, and thanked Staff for working on these items on a regular basis to promote employee retention.


Draft Minutes of M&C April 11, 2016 Page 10 of 13

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A motion was made by Councilmember Whitlock, seconded by Councilmember Kelkenberg, to approve the recommendation of the Finance Committee and to further authorize the survey results be incorporated in the FY17 proposed budget, effective July 2, 2016.

Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

5. CONTRACT APPROVAL – EMERGENCY STORMWATER REPAIRS –BLUE RIDGE PKWY {N} Economic and Development Director Nick Colonna explained that at the March 28th Council work session, staff provided a presentation showing a serious stormwater pipe failure located on Blue Ridge Industrial Parkway. It was determined (through the video of the pipe) that severe damage had taken place in the pipe, resulting in the collapse of the slopes on adjoining private detention ponds. This damage was expanding to the shoulder of Blue Ridge Industrial Parkway where a sinkhole formed and is now expanding toward the roadway surface. The failed pipe is 60" corrugated metal, and is buried 25'-0" below the road. The pipe is crushed and corroded to such a degree, it is siphoning dirt from above, where it is carried through the system into an adjoining pond, that then drains into Berkeley Lake, where it is causing the Lake to turn color.

Due to the extent of the damage, the pipe cannot be lined. In order to fix the problem, the pipe needs to be removed and replaced with Class 5 reinforced concrete pipe. Removing the pipe means removing a section of the road 25'-0"deep, and replacing the pipe and the road in stages. A temporary road will be laid in the right of way to allow vehicles to continue accessing their businesses into the cul-de-sac.

The City solicited a second opinion from another professional engineer who agreed this was in fact an emergency situation, which needed repair ASAP. The anticipated cost of the repair is $488.537.50 with Gwinnett County Public Schools contributing $100,000 toward the project, leaving an out of pocket expense to the City of $ 388,537.50 from the Stormwater – Repairs budget.

O.C.G.A Section 36-91-22 (e) allows for public bidding requirements for public works construction projects to be suspended under emergency circumstances. For reasons identified above, this code section applies to the project. However, the code section requires the governing authority to ratify any contract over the $100,000 amount as soon as practically possible. The bid and corresponding contract for Southern Premier in an amount of $ 488,537.50 (number includes 10% contingency) is attached for reference.

Staff recommends approval of the contract to Southern Premier in an amount of $ 488,537.50 as permitted under O.C.G.A Section 36-91-22 (e) based on the determination that the pipe repair constitutes an emergency situation as detailed in the minutes of the March 28, 2016 Council work session and as further explained in a memorandum from Richard Edinger dated March 21, 2016.

Councilmember Jones commended the school for their contributions toward this repair project. He said he is disappointed about the lack of participation from the property owner’s association in the industrial park and the one business that is majorly impacted. Therefore, he does not feel that it is fair to the rest of the city taxpayers to absorb the entire burden. A motion was made by Councilmember Whitlock , seconded by Councilmember Dugan, to approve awarding the bid to Southern Premier in an amount not to exceed $488,537.50 as presented and to authorize the Mayor or City Manager to execute the contract as approved by the City Attorney.

Those voting for: Council members Dugan and Whitlock Those voting against: Council members Jones and Kelkenberg

Mayor Harris voted in favor to break the tie. Motion carried.



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6. AWARD OF BID – 2016 STREET MILLING, PATCHING RESURFACING PROJECT {O}

The Mayor and Council considered approval of bid for Milling, Patching and Resurfacing of seven City streets. Staff recently received four bids for the 2016 Milling, Patching and Resurfacing of various City roads:

Allied Paving Contractors: Base - $214,429.00 - Alternates - $443,509.80 Blount Construction Company: Base - $233,430.95 -Alternates -$476,427.05 Stewart Brothers: Base $284,649.10 - Alternates - $448,194.10 HEH Paving: Base - $249,634.40 - Alternates -$507,979.71

After review, staff recommended awarding the Milling, Patching and Resurfacing bid (with contingency) to Allied Paving Contractors, Inc. Funds for this project will come from 2016 LMIG (Local Maintenance and Improvement Grant) and 2014 SPLOST. This is the first time the City will be working with Allied. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock, to approve awarding the bid to Allied Paving Contractors, Inc. in an amount not to exceed $723,731.91 as presented and authorize the Mayor or City Manager to execute the contract as approved by the City Attorney. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

7. AWARD OF BID – PARK MASTER PLAN UPDATE {P}

As presented during the March 28th work session, the Mayor and Council to consider awarding a bid for the Park Master Plan Update. Council noted that there would be community involvement with this project, possibly in coordination with Town Green events. Parks Director Kathy Marelle noted that representatives from Foresite was there to answer any questions. She thanked the committee who worked on the evaluation process. Staff recommended awarding a contract for $58,000 plus 10% contingency for a total not to exceed $63,800 to the Foresite Group, subject to execution of a City Attorney approved contract. A motion was made by Councilmember Jones, seconded by Councilmember Dugan, to approve awarding the bid to Foresite Group not to exceed $63,800 as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried. V. MATTERS FROM DEPT HEADS/CITY ATTORNEY

1. ORDINANCE TO AMEND THE FY16 BUDGET/ LINE ITEM TRANSFER – MASTER PLAN {Q} Should the Mayor and Council approve the bid award to Foresite Group in the amount of $58,000, plus a 10% contingency, ($63,800) to update the City's Master Park Plan, a line item transfer and a budget amendment are needed to establish funding for the project. The following transfers are requested. The transfer of $3,463.07 in 09 SPLOST funds from Taylor Park Improvements - Fountain to City Park Master Plan - Professional Services. The renovations to the fountain are complete, therefore the funds can be used elsewhere.



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In addition, a budget amendment for $60,336.93 is requested. These funds are coming from three separate projects with designated 09 SPLOST funds on the SPLOST project list that are not currently in the budget. $8,662.93 in funds designated for the Church Street Park Master Plan. $11,674.00 in funds from the now completed W P Jones Park parking lot project. Along with $40,000 in funds from the W P Jones Park walking nature trail based on an evaluation of the project cost. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Dugan, to approve ordinance to amend the FY16 budget and the line item transfer as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

2. LINE ITEM TRANSFER - $15,000 – ABBOTT’S BRIDGE ROAD IMPROVEMENT CIP The City is currently working with Pond & Company on the concept and right-of-way plans for the joint City/County Abbotts Bridge Road East Sidewalk plans. The design calls for sidewalk improvements from Buford Highway to Clairborne Drive where a pedestrian crossing currently exist. As was mentioned at the recent transportation update, because the sidewalk improvement will go up to the pedestrian crossing at Clairborne Drive it will be necessary to upgrade the crossing to current standards. For this reason, staff will need to amend the contract with Pond & Company to include the additional work for the signal upgrade and surveying. Based on discussions with Pond & Company this additional work should cost about $13,637, plus a 10% contingency, for a total of $15,000. Because this is a joint City/County (19%/81%) funded project, this expenditure qualifies as part of the cities matching funds for this project. Staff requested that $15,000 in 2014 SPLOST funds be transferred from the Davenport Road Extension project to this project. A motion was made by Councilmember Whitlock, seconded by Councilmember Kelkenberg, to approve the line item transfer as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

2. ON-CALL CONTRACT AMENDMENT – POND & COMPANY {R} The Mayor and Council considered amending the contract with Pond and Company for specific engineering services related to CIP and stormwater. Contract to be reviewed and evaluated following six months. A motion was made by Council member Dugan, seconded by Council member Whitlock to approve the amendment to the on-call contract with Pond and Associates as presented. Those voting for: Council members Dugan, Jones, Kelkenberg and Whitlock Motion carried.

VI. MATTERS FROM CITY MANAGER (via email, as reported by City Clerk)

FY17 Budget: Three FY17 budget review work sessions of the Mayor and Council with staff have been duly noticed for April 20th, 21st and 27th at 5:30 p.m. in the Community Room of City Hall.



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Departmental staff retreat: held on Friday April 1st to discuss immediate and future needs. Mr. Riker will update Council when he returns.

DPAC meeting: Wednesday April 13th, 6:30pm in the Community Room.

Bid opening for the Parking and Circulation Improvements for Hudgens Park scheduled for Tuesday April 19th. Bid opening for annual maintenance/landscaping services scheduled for Thursday April 28th. Both bids will be placed on a future agenda.

Mr. Riker is out of the office until hopeful to be back by end of week. City Clerk Teresa Lynn extended congratulations to he and his wife Karla on the adoption of their son. Samuel James Riker was born last week; 7lbs 4 oz. 18 ½ inches long!

(Ms. Lynn also thanked the City for the annual Rotary car show, and said that there were over 100 cars in this year’s event.)

VII. ADJOURNMENT A motion was made by Councilmember Whitlock, seconded by Councilmember Kelkenberg, to adjourn at 8:40 p.m. All for. Motion carried unanimously.

KM 4/14/16


DRAFT MINUTES OF THE SPECIAL CALLED JOINT MEETING

MAYOR AND COUNCIL/DOWNTOWN DEVELOPMENT AUTHORITY CITY OF DULUTH, GA

APRIL 19, 2016 M/C PRESENT: Mayor Harris, Council members Bomar, Jones, Kelkenberg, City Manager, Department

Directors, City Attorney ABSENT: Council members Dugan and Whitlock DDA PRESENT: DDA members Ponder, Weaver, Odum, Smith, Garner, Osterloh, Graham

Mayor Harris and Chairman Ponder called the meeting to order at 6:30pm I. EXECUTIVE SESSION (MAYOR AND COUNCIL AND DDA)

It was necessary to enter into a joint executive session to discuss real estate, potential/pending litigation, and/or personnel.

A motion was made by Councilmember Bomar, seconded by Councilmember Jones, to adjourn to executive session with the DDA at 6:35 p.m. Those voting for: Council members Bomar, Jones, Kelkenberg Motion carried. A motion was made by DDA member Garner, seconded by DDA member Weaver to adjourn to a joint executive session with the Mayor and Council. Those voting for: DDA members Weaver, Smith, Odum, Graham, Osterloh and Garner Motion carried. After the discussion, a motion was made by DD member Garner, seconded by DDA member Smith, to return to regular session at 7:50 p.m. Those voting for: DDA members Weaver, Smith, Odum, Graham, Osterloh and Garner Motion carried.


Draft minutes of the Spec Call M&C/DDA Aoril 19, 2016

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II. NEW BUSINESS (DDA)

1. AMENDMENT TO PURCHASE/SALE AGREEMENT WITH PULTE HOMES No action taken. III. ADJOURNMENT (DDA) A motion was made by DDA member Weaver, seconded by DDA member Garner, to adjourn at 7:50 p.m. All for. Motion carried.

DDA MEMBERS LEFT THE MEETING. THE MAYOR AND COUNCIL CONTINUED EXECUTIVE SESSION.

After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to return to regular session at 8:20 p.m. Those voting for: Council members Bomar, Jones, Kelkenberg Motion carried. IV. NEW BUSINESS (MAYOR & COUNCIL)

1. SETTLEMENT PROPOSAL WITH TANNER ADVERTISING GROUP, LLC (BILLBOARDS) A motion was made by Council member Jones, seconded by Council member Kelkenberg to authorize the resolution of the pending litigation with Tanner Advertising Group LLC in accordance with the proposed settlement agreement presented by the City Attorney and further authorize the City Attorney and City Manager to take any and all steps necessary to effectuate the settlement agreement. Those voting for: Councilmember Bomar, Jones, Kelkenberg Motion carried.

2. AMENDMENT TO CITY MANAGER’S CONTRACT Previously the Mayor and Council discussed with the City Manager his annual performance evaluation. The Mayor and Council authorized the following amendments to the Contract.

1. Extension of contract to May 1, 2019 2. Automatic COLA be granted consistent with the process and rate approved for all employees 3. ICMA Certification requirement to remain in Contract 4. Effective July 1 2016 annual base salary, $125,500 5. Effective upon signature of contract additional 4 weeks paid vacation though year end be added 6. Effective January 1, 2017 City Manager position will be credited with four weeks (4) of vacation leave.

The City Manager’s sick leave will thereafter accrue at the same rate as other general management employees of Employer.

7. Additional one time lump sum contribution of $10,000 to 457b plan


Draft minutes of the Spec Call M&C/DDA Aoril 19, 2016

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A motion was made by Councilmember Jones, seconded by Councilmember Bomar to authorize the amendment to the City Manager’s Employment Contract as presented with some additions: re-inserting the ICMA language, extension of the contract to May 1, 2019, addition of the COLA stipulation, a vacation deposit of 4 weeks immediate through 2016, 4 weeks annual leave effective January 1st, 2017, and further authorize the Mayor to execute the agreement. Those voting for: Councilmember Bomar, Jones, Kelkenberg Motion carried. V. ADJOURNMENT (MAYOR & COUNCIL) Being no further business, Mayor called for a motion to adjourn from the Special Called Meeting at 8:50 p.m A motion was made by Council member Bomar, seconded by Council member Kelkenberg to adjourn. Those voting for: Council members Bomar, Jones, Kelkenberg Motion carried.


NOTES OF THE MAYOR AND COUNCIL WORK SESSION

CITY OF DULUTH, GA APRIL 25, 2016

PRESENT: Mayor Harris, Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock, City

Manager, Department Directors, City Attorney ABSENT: Council member Whitlock 5:30 - PM CALL TO ORDER I. GUEST WELCOME Introduction/welcome: aspiring attorney Santessa Young, and aspiring doctor Robert Kiss-Mihaly of Georgia Gwinnett College, guests of Councilmember Bomar (GGC Board of Trustees). II. PUBLIC COMMENTS None. III. PRESENTATIONS/UPDATES

1. CITIZENS BUDGET REVIEW ADVISORY RECOMMENDATIONS {A} The 2016 Citizen’s Budget Review Advisory (CBRA) Committee met four times over a three month period to discuss and develop recommendations relating to the City's financial position. The committee is comprised of the following members: Alana Moss, Miguel Figueroa, Manfred Graeder, Eva Kuhn, Charles Summerour, Richard Meehan, Nazir Molu, James Farmer, Denise Auger, and Kirkland Carden. Chairman Manfred Graeder gave the presentation, which explained that the committee recommended increasing the tax millage rate to create more revenue, in order to meet the growing demands of the community, as they felt there were no services they would recommend cutting. Staff and the Council thanked the committee for all their hard work and will consider the recommendations. Presentation attached.

2. PUBLIC WORKS DEPARTMENT UPDATE

Public Works Director Audrey Turner provided an annual report on department accomplishments. Ms. Turner discussed staffing changes, road paving projects, sidewalk “trip hazard” repairs, Woodehaven drive repairs, and straightening and raising all signs and crosswalk painting for other subdivisions. She introduced Supervisor Anthony Griggs and announced that he recently received his certification from UGA in pesticide application.


Notes of the M&C April 25, 2016

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Mr. Griggs covered the work “zone” principles and schedules for street cleaning and right-of-way maintenance as well as the schedule for grass cutting. With the assistance of the inmates, staff works diligently to keep up the appearance of the City. Deputy Director Jason Brock came forward to address other important tasks such as fountain updates and the schedule for chemical maintenance, new staff with extensive tree experience, and use/availability of inmate labor. Mr. Brock outlined other upgrades at the Public Works facility, reported on vehicle/equipment maintenance, and explained the lighting inspections process and other improvements related to replacement of energy efficient lighting. Staff and the Council thanked the department for all their hard work for the upkeep of the City to such high standards.

3. DOWNTOWN/CAPITAL PROJECT/BLOCK UPDATE Community Development Director Nick Colonna gave a presentation on downtown capital projects, which include the SR 120 realignment and SR 120 and Hill Street, and are expected to be completed by September 2016. Main St Phase II includes closure of Main Street for full depth reclamation after Hill Street reopens as a two-way street, and is expected to be completed by the first week in August, prior to school starting. Councilmember Bomar asked about the pedestrian level lighting in this area, and City Engineer Margie Pozin said that 13 posts are slated for installation on the school side of Main Street and along 120. Additional lighting may be needed and should be evaluated at a later time. Mr. Colonna summarized the activities happening on “The Block.” There is extensive coordination required with the developers and multiple contractors, with scope, schedule, budget, utilities, and GDOT. As discussed during the February 29th work session, there have been a number of change orders ranging from items such as soil remediation to providing additional sewer lines. The Plaza is expected to be substantially complete by June to coordinate with Dreamland opening. The building 600 infrastructure has been started, Fabric will begin vertical construction of the 300 and 500 buildings by mid-May and building 600 shortly after (with the potential for tenants to be open by January). Staff will have updated project costs at the May work session. Potential tenants were discussed. The City Manager noted that the developers are required to spend a percentage of their equity, and then provide the City with a list of those with signed leases or letters of intent to be able to access some of the bond funds.

4. ROGERS BRIDGE PARK CANOE LAUNCH Parks Director Kathy Marelle came forward to describe the issues with the Canoe Launch at Rogers Bridge Park. The Launch was completed in 2013. Excessive water releases from December 2015 to March 2016 have caused stability problems. She showed photos of the erosion and reported that the current condition of the launch will require the following; 1) preparation of a Feasibility Study to determine the best course of repair and 2) preparation of construction drawings related to the outcome of the Feasibility Study. On April 13, 2016, the Parks and Recreation Advisory Board recommended the use of SPLOST funds for the purpose of modifying the launch to withstand increased dam releases. Staff is already taking necessary steps to provide a temporary repair during tubing season with the anticipated permanent repair to occur this fall, and is in the process of soliciting pricing associated with items 1 and 2 above and will present information once it is available.



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Council questioned whether the design was faulty or the construction. City Manager James Riker said it is unknown at this time where the failure has occurred, but the study would assist in determining this effort. In the meantime, it should be fixed temporarily while the City researches how this design was chosen and confers with the City Attorney to determine whether there is any recourse with the previous engineers or contractors. A feasibility study will be conducted and reported back to Council. Questions were raised regarding the safety of the launch and the City’s responsibility for informing the public. City Attorney Pereira agreed that although the City does have a certain level of Immunity for recreation type activities, staff must stabilize it or have to close it down until it can be stabilized. IV. DISCUSSION ITEMS

1. ROGERS BRIDGE PRECONSTRUCTION INTERGOVERNMENTAL AGREEMENT Parks and Recreation Director Kathy Marelle came forward to explain. As the Rogers Bridge project moves forward, the City and its partner agencies (Johns Creek, Gwinnett County, and Fulton County), will share in the cost of the matching portion of the TAP Grant. This amount totals $100,000 and will be split equally between the four partners. The previous Intergovernmental Agreement (IGA) between Duluth and Johns Creek has been closed. Johns Creek paid 50% of the costs spent to date, prior to this new agreement. After several rounds of attorney review and comments from our partner agencies and from the City Attorney, all parties are presenting this IGA to their respective Councils/Commissions/Boards for signature and execution. Funding authorization is anticipated in the next 30-45 days, and an executed IGA will allow us to move forward with the design phase of the project. This item requires a budget amendment.

Staff was authorized to place the IGA on the May 9th Council agenda for consideration.

2. TITLE VI OUTREACH PLAN City Engineer Margie Pozin came forward to present. As part of the City's Locally Administered Project (LAP) Certification, the City is required to have an outreach plan to engage citizens who may not be traditionally included in public events. This includes minorities as well as limited English proficiency speakers. The City must make reasonable efforts to identify and include these populations in our events whether federal funding is used for these events or not. In an effort to develop a plan, City Engineer Margie Pozin reached out to others to gain understanding on what the City is already doing in order to identify gaps and/or overlaps in effort. The draft plan attached outlines a variety of information that will allow the City to engage our citizens in a meaningful way. It is a dynamic plan and must be updated to meet the needs of the City's demographics. Furthermore, it will require annual updates which reflect our challenges as well as our accomplishments moving forward. There is no impact to budget. It was recommended to add Student LEAD and the Citizen’s Police Academy. Staff was authorized to place on the May Council agenda for consideration.



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3. DPAC APPLICATION–TEMPORARY WALL ART

Community Development Director Nick Colonna explained the interest in temporarily allowing the Duluth logo imagery (ex. "Local is Good" or "Suburban Cool") onto the walls along the new Main Street sidewalks. The idea is to create interest, improve aesthetic appearance and act as a sort of placeholder to determine the impact of the existing vines as they grow larger. Also, this will provide time to determine if a permanent art project or if a long-term plan is needed to be put in place for the walls. Inspiration for this project was drawn from the "Buckhead" mural writing. At the time of the DPAC meeting, the Applicant was in discussion with several local artists on best options for materials and pricing. An adhesive material that can be removed easily is being explored. The intention is to act as a decal, limiting any impacts to the wall but creating an interest point. There is also a very minimal impact to budget. DPAC recommended approval of this application at the April 13, 2016 meeting. Staff was authorized to place the DPAC project on the May Council agenda for consideration.

4. ORDINANCE TO AMEND DULUTH CODE – ENTERTAINMENT DISTRICT

City Attorney Stephen Pereira explained the request. Due to the anticipated opening of new restaurants in the downtown area and the need to review the City’s current ordinance relating to alcohol sales in the downtown, staff met with several developers to discuss possible options that would be beneficial to the entire Central Business District (CBD) zoning district. The Alcohol Review Board discussed this issue at their March 30th meeting and recommend the Mayor and Council consider an amendment to Chapter 3, Sections 3-268 to provide for a downtown “Entertainment District” which would allow the public to possess and consume alcoholic beverages in plastic cups where such alcoholic beverages are purchased from a licensed establishment located in the Central Business District (CBD) zoning district, with restrictions. The Alcohol Review Board and staff recommend.

1. No possession or consumption of alcohol shall be permitted in the playground at Taylor Park, and the Duluth Cemetery within this designated area.

2. The public would not be allowed to possess and consume alcoholic beverages in public areas described herein where the alcoholic beverages were not purchased from a licensed establishment located within the CBD district.

Staff was authorized to place the ordinance on the May Council agenda for consideration.

5. ORDINANCE TO AMEND DULUTH CODE – GOLF COURSE ALCOHOL

Previous guidelines allowed for golf courses to sell alcohol at “remote” locations via beverage carts along the course. Staff received a request from the owners of the two golf courses located in Duluth requesting to sell alcohol from the clubhouses as well, which requires an amendment to Duluth Code of Ordinances, Chapter 3. Section 3-103 Definition to read as follows: “Golf course shall mean an outdoor golf course covering one (1) acre or more and containing at least nine (9) tees, fairways and greens”. Section 3-250(b)(10) adds “Golf Course” to the list of allowed establishments for “Consumption Sales.” Section 3-259 governs golf course alcohol sales as follows: “Sale of malt beverages, wine and distilled spirits are permitted for retail consumption licensees operating a golf course as defined in Section 3-103 provided such sales are made in a clubhouse, in an area outside of the clubhouse within the exclusive control of the licensee, or on the golf course itself from a mobile or satellite location between the first and final hole on the course, provided that the area is under the exclusive control of the licensee.”



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The Alcohol Review Board met on March 30th and recommended approval. Staff was authorized to place the ordinance on the May Council agenda for consideration.

6. ORDINANCE TO AMEND DULUTH CODE – STORMWATER BILLING

City Clerk Teresa Lynn explained that in March of 2016, Council adopted a new resolution regarding Ad Valorem Tax Billing and Collection. As stormwater charges are billed with real estate/personal property taxes, an amendment to the Code is necessary for Sections 15-20(b)(1) and (2) to reflect the accurate dates that interest and penalties will apply. There is no impact to budget. Staff was authorized to place the ordinance on the May Council agenda for consideration.

7. BID AWARD – SCOTT HUDGENS PARK Parks Director Kathy Marelle announced that bids were received for the Circulation project at Scott Hudgens Park in River Green. The bids were submitted with 4 alternate options, involving fencing, mill and overlay, full depth, and drainage. Staff would like to recommend the bid be awarded to Archimetric Design and Construction, Inc. with a base bid of $493,295 and alternates 1, 2 and 4, for a total of $643,265.

Staff was authorized to place the ordinance on the May Council agenda for consideration.

V. MATTERS FROM COUNCIL Councilmember Kelkenberg wanted to ensure that the proactive measures for mosquito control were being communicated to the public. It was included in the last Duluth Life. Mosquito brickettes are already being dropped into every catch basin and detention ponds throughout the entire city in April and July. The City Manager announced there would be a meeting with Pulte at 4:00 pm on April 26th. VI. ADJOURNMENT Meeting adjourned at 8:05pm.


City of Duluth, Ga Title VI Outreach Plan 2016

TITLE VI OUTREACH PLAN

CITY OF DULUTH, GEORGIA

City of Duluth is committed to compliance with Title VI of the Civil Rights Act of 1964 and all

related regulations and directives. City of Duluth assures that no person shall on the grounds of

race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil

Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the

benefits of, or be otherwise subjected to discrimination under any program or activity. City of

Duluth further assures every effort will be made to ensure nondiscrimination in all of its

programs and activities, whether or not those programs and activities are federally funded. In

addition, City of Duluth will take reasonable steps to provide meaningful access to services for

persons with Limited English Proficiency.

As part our efforts to include all of our citizens in a meaningful way, the City is committed to reaching out to populations that are typically underserved. The City is implementing an outreach plan as outlined on the following pages, to engage and include the diverse population we serve. This is intended to be a living document that is revised based on the needs of the community.

Mayor Nancy Harris

Authorized Representative



I. Demographics

a. According to the 2010 census, the predominant demographics within the City

include:

i. Caucasian - approximately 41%

ii. Asian – approximately 22%

iii. African American – approximately 20%

iv. Hispanic - approximately 14%

v. Other - approximately 3%

b. According to Duluth HS, the predominant demographics are:

i. African American – approximately 29%

ii. Hispanic – approximately 27%

iii. Caucasian – approximately 21%

iv. Asian – approximately 18%

v. Multiracial/Other – approximately 4%

c. According to Peachtree Ridge HS, the predominant demographics are:

i. Caucasian – approximately 32%

ii. African American – approximately 26%

iii. Asian – approximately 24%

iv. Hispanic – approximately 15%

v. Multiracial/Other – approximately 3%

II. Prevalent Languages

a. English is the predominant language spoken in Duluth

b. The following languages are also spoken within the City:

i. Spanish

ii. Korean

iii. Mandarin

iv. Japanese

v. French

vi. Arabic

vii. Portuguese

viii. Swahili

ix. Hindi

x. Vietnamese

xi. Turkish

xii. Russian

xiii. Other

xiv. Duluth High School has reported that over 50 different languages are spoken

as a result of the diversity in the student population.

III. Potential Barriers to Participation

a. Ineffective Advertisements (if only advertised in one language or to only one target

audience)

b. Time of day participatory events are held

c. Language and translation service availability



IV. Identifying and Connecting with Underserved Areas of the Community

a. Identify Community Champions outside of elected officials

b. Involving local schools, churches, media outlets, civic organizations, senior

organizations

c. Involving HOAs and Apartment Complex Management

d. Revival of Korean Task Force

e. Handouts in multiple languages

f. Advertisement of the Language Line (in multiple languages) – this is a pay-as-you-

go interpreting service currently used by the Courts, Public Safety, and the City

Clerk’s Office. Can expand usage to entire City. http://www.languageline.com/

g. Formal interpreters (similar to the services used by the Court System)

h. Hiring future City staff with multilingual capabilities (as possible)

V. Implementing Improvements

a. We do not have the resources to translate everything into 12+ languages every time

we advertise an event. Need to determine which events are translated, and which

languages are used.

i. Example – Determine cost to publish website in multiple languages (English,

Spanish, Korean are the three most common)

ii. Example – Determine cost to publish Duluth Life magazine in multiple

languages

iii. Example – Determine cost to publish event advertisements in multiple

languages

iv. Example – Determine cost of having in-person translators at targeted events

(Which ones? How many?)

b. We do have citizens that are influential within their communities that we can partner

with.

i. Example – May want to start at ground zero with an outreach event to

identify the local champions, civic leaders of minority groups, potential

diversity partners, and get a conversation started. The results of that meeting

may help guide future versions of this outreach plan.

ii. Example – Marketing efforts can include reaching out to media outlets that

serve Hispanic and Asian populations.

iii. Example – May be able to build off of City’s LEAD program to identify

partners/champions, and works with those identified as we move forward in

our outreach efforts.

1. http://www.duluthga.net/community/get_7involved/l_e_a_d_learn_e

ngage_advance_duluth.php

2. LEAD (Learn, Engage, Advance Duluth) Academy is a seven week

program that teaches citizens and business owners in the City about

municipal operations, City services, and the responsibilities of local

government. Participants are encouraged to become active on

various City Boards and Committees, and to volunteer their time and

talents to help solve community issues. This may be an ideal

environment to kick off a Diversity Committee to partner with the


http://www.languageline.com/

http://www.duluthga.net/community/get_7involved/l_e_a_d_learn_engage_advance_duluth.php

http://www.duluthga.net/community/get_7involved/l_e_a_d_learn_engage_advance_duluth.php


City on outreach opportunities.

3. Student LEAD program held in partnership with Duluth High

School. This is a six month program with six students, meeting once

per month, to learn about municipal government operations. The

goal is to engage students and get them educated and involved with

civic programs. They participate as juniors so that they can lead a

project as seniors for the next student LEAD class of juniors.

Students are selected from a diverse population by the high school

administration.

c. Timeline

i. Initial draft of outreach plan to be vetted and approved by

Staff/Council/Mayor by the end of 2016. Plans will be in place to start

implementation by the first quarter of 2017. Moving forward, the plan will

be updated each time LAP certification is renewed.

ii. Since plan is a living document, strategies that work well will be

documented and maintained, and strategies that do not work well will be

documented and adjusted or removed.

iii. Each successive draft will include a list of strategies that were implemented

in the previous 3 year period.

VI. Documentation – What we have done to date:

a. Initial Reporting Year – Up to and including 2016

i. All City-owned facilities are ADA compliant.

ii. City uses on-demand language translation services for Court system, Public

Safety, and the City Clerk’s Office.

iii. City’s Parks & Recreation Programming caters to an exceptionally wide

range of ages and interests, with bilingual instructors for some of their

programs.

iv. Stormwater educational outreach brochures (RE Pet Waste) were published

in English, Spanish, and Korean. All left over fliers were donated to local

veterinary clinics to distribute to their clients.

v. City’s LEAD and Student LEAD programs recruit participants from diverse

communities, and encourage ongoing participation after class is complete.

vi. City has relationship with Korean media outlets and forwards event

information to them for publication.

vii. City staff participate in career fairs at Duluth Middle School to reach diverse

student populations at the one-on-one level.

viii. City staff personally recruits a diverse group of students from Chattahoochee

and Mason Elementary Schools to attend the State of the City address. This

includes attendance by their parents and teachers that may not otherwise

happen.

ix. City Public Safety Department runs a Citizens Police Academy and a

Hispanic Citizens Police Academy. The Police Academy is a four week

training class, held for two hours one night per week. It covers subject

matters such as active shooter, accident reconstruction, traffic law, and DUI



enforcement. The Hispanic class is advertised and taught completely in

Spanish. Students are recruited via social media, community outreach, and

advertisement through a Hispanic church within the City. It is another way

our PD builds positive relationships in the Hispanic Community. In 2016,

we had 28 participants.











1

INTERGOVERNMENTAL AGREEMENT

This INTERGOVERNMENTAL AGREEMENT (“IGA”) is made and entered into as of

the ___day of __________, 2016, by and between the CITY OF DULUTH, GEORGIA, a

municipal corporation in the State of Georgia (“DULUTH”), the CITY OF JOHNS CREEK,

GEORGIA, a municipal corporation in the State of Georgia (“JOHNS CREEK”), FULTON

COUNTY, a political subdivision of the State of Georgia (“FULTON”), and GWINNETT

COUNTY, a political subdivision of the State of Georgia (“GWINNETT”)

W I T N E S S E T H:

WHEREAS, DULUTH and JOHNS CREEK are duly chartered municipal corporations

authorized by law to enter into intergovernmental agreements; and

WHEREAS, FULTON COUNTY and GWINNETT COUNTY are political subdivisions

of the state authorized by law to enter into intergovernmental agreements; and

WHEREAS, DULUTH, JOHNS CREEK, FULTON and GWINNETT each have

interest in restoring Rogers Bridge for the purpose of providing a public walking trail over the

Chattahoochee River, and;

WHEREAS, a Restoration project at Rogers Bridge will restore, rehabilitate or replace a

historic bridge originally constructed around 1900 to the benefit of DULUTH, JOHNS CREEK,

FULTON and GWINNETT and;

WHEREAS, The Rogers Bridge Restoration project will provide a benefit to residents

and visitors of all parties to this agreement by allowing for connections to current and future

recreational amenities, and;

WHEREAS, the parties wish to work cooperatively to move towards restoration of

Rogers Bridge;

WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of

Georgia authorizes Intergovernmental Agreements for up to fifty (50) years for the provision of

services or uses of property not otherwise prohibit by law

NOW, THEREFORE, for and in consideration of the mutual promises set forth herein

and other good and valuable consideration, the receipt and sufficiency of which is hereby

acknowledged, DULUTH, JOHNS CREEK, FULTON and GWINNETT do hereby agree as

follows:

Section 1


2

Term

This Agreement shall become effective upon the date of execution by all parties and shall

continue in full force and effect until July 1, 2020. After the original term of this Agreement,

said Agreement shall automatically renew for one three year period unless any party provides

written notice to the other parties at least one hundred twenty (120) days prior to the expiration

of the original term.

Section 2

Matching Funds

DULUTH, JOHNS CREEK, FULTON and GWINNETT, each individually, agree to

contribute TWENTY FIVE THOUSAND and 00/100 DOLLARS ($25,000.00) to meet the ONE

HUNDRED THOUSAND DOLLAR ($100,000.00) matching funds required by Project

Approval from the Georgia Department of Transportation. The parties agree that their ONE

HUNDRED THOUSAND DOLLAR ($100,000.00) match will be used for design for the

restoration, rehabilitation or replacement of Rogers Bridge. JOHNS CREEK, FULTON, and

GWINNETT agree that their individual TWENTY FIVE THOUSAND and 00/100 DOLLARS

($25,000.00) contributions shall be submitted to DULUTH within 60 days of their individual

receipt of invoice from DULUTH. If an amount less than the full $100,000 is spent during the

preconstruction phase for the required matching funds, each party will contribute a prorated

share such that all parties contribute the same amount. DULUTH will invoice JOHNS CREEK,

FULTON and GWINNETT at the completion of the design phase. If the project is stopped for

any reason prior to completion of the design phase, DULUTH will invoice the prorated share

from JOHNS CREEK, FULTON and GWINNETT at that time.

Section 3

Project Management/Accounting

DULUTH agrees to host, at a minimum, quarterly meeting with JOHNS CREEK,

FULTON and GWINNETT to discuss the project status and direction. DULUTH agrees to

provide all project management and financial accounting for the project.

Section 4

Governing Law

This Agreement shall be deemed to have been made and shall be construed and enforced

in accordance with the Constitution and the laws of the State of Georgia.

Section 5

Entire Agreement

This Agreement expresses the entire understanding and agreement between the parties

hereto and supersedes any and all prior agreements, negotiations, and communications between


3

the four parties hereto. Notwithstanding the foregoing, JOHNS CREEK and DULUTH agree to

remain bound by the previous intergovernmental agreement to provide funding for the original

study with regard to this project.

Section 6

Severability

The invalidity of any one or more phrases, sentences, clauses or sections contained in this

Agreement shall not affect the remaining portions of this Agreement or any part thereof.

Section 7

Amendments or Modifications

No waiver, amendment, release, or modification of this Agreement shall be effective

unless made in writing and executed by all parties hereto.

Section 8

Counterparts

This Agreement may be executed in several counterparts, each of which shall be an

original, and all of which shall constitute but one and the same instrument.

IN WITNESS WHEREOF, DULUTH, JOHNS CREEK, FULTON and GWINNETT

acting by and through their duly authorized agents, have caused this Agreement to be executed in

multiple counterparts under seals on the date indicated herein.


4

CITY OF DULUTH, GEORGIA

By: _________________________________

Nancy Harris, Mayor

Date: _______________________________

Attest: _______________________________

Teresa Lynn, City Clerk

(SEAL)


5

CITY OF JOHNS CREEK, GEORGIA

By: ________________________________

Date: ______________________________

Attest: _____________________________

(SEAL)


6

FULTON COUNTY, GEORGIA

By:__________________________________

Date:________________________________

Attest:________________________________

(SEAL)


7

GWINNETT COUNTY, GEORGIA

By:__________________________________

Charlotte J. Nash

Chairman

Date:________________________________

Attest:________________________________

(SEAL)

APPROVED AS TO FORM

________________________________

_________Assistant County Attorney

Gwinnett County, Georgia


8


RESOLUTION DOWNTOWN DEVELOPMENT AREA

WHEREAS, the Mayor and Council of the City of Duluth did pass a Resolution on December 12, 1983 determining that there was a need for a Downtown Development Authority for the City of Duluth; and

WHEREAS, said Resolution adopted by the Mayor and Council of the City of Duluth on December 12, 1983 did create the "City of Duluth Downtown Development Authority", did designate the geographic area to be known as the Downtown Development Area, and did appoint the initial directors for said authority; and

WHEREAS, the Mayor and Council of the City of Duluth reactivated the City of Duluth Downtown Development Authority by Resolution on March 13, 2000, appointed new directors to said authority and directed them to take any and all actions necessary to authorize said authority to exercise all of the powers granted to said authority in the initial Resolution creating said authority and as provided by Georgia law; and WHEREAS, the Mayor and Council amended the geographic area of the Downtown Development Authority to reflect parcel changes in the area of influence by Resolution on March 14, 2016; and

WHEREAS, the designated geographic area is growing and extending the influence of the Downtown Development Area; and

WHEREAS, the Mayor and Council desire to amend the geographic area of the Downtown Development Authority to reflect growth and the extended area of influence.

NOW THEREFORE, the Mayor and Council of the City of Duluth hereby Ordains and Resolves as follows:

The geographic area of the City of Duluth Downtown Development Authority shall be comprised of the tax parcels listed in “Exhibit A. City of Duluth Downtown Development Authority Tax Parcel List” and displayed in “Exhibit B. Map of the City of Duluth Downtown Development Authority Service Area”.

IT IS SO RESOLVED this 9th day of May, 2016.

_____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar _____________________________ Jim Dugan ______________________________ Billy Jones ______________________________ Kelly Kelkenberg ______________________________ Greg Whitlock Those councilmembers voting in opposition: ______________________________ ATTEST:_________________________

Teresa S. Lynn, City Clerk


Exhibit A2016 City of Duluth Downtown Development Area Tax Parcel ListPIN # PIN # PIN # PIN # PIN # PIN # PIN # PIN # PIN #6292050 6293 021A 6293056 6293118 6293169 6293260 6293A034 6294058 7202047

6293003 6293022 6293057 6293 118A 6293170 6293264 6293A035 6294059 7202 047A

6293 003A 6293023 6293058 6293119 6293173 6293272 6293A037 6294060 7202048

6293 003B 6293024 6293059 6293120 6293174 6293276 6293A038 6294 060A 7202101

6293004 6293026 6293060 6293121 6293178 6293280 6293A040 6294061 7202102

6293005 6293027 6293062 6293123 6293182 6293309 6293A042 6294062 7202103

6293006 6293029 6293064 6293126 6293184 6293337 6293A043 6294207 7202104

6293007 6293030 6293065 6293129 6293185 6293370 6293A044 6294216 7202105

6293008 6293030 6293066 6293131 6293186 6293372 6293A045 6294217 7202106

6293009 6293033 6293068 6293132 6293188 6293375 6293A046 6294220 7202107

6293 009A 6293034 6293070 6293135 6293190 6293376 6293A047 6294231 7202108

6293011 6293038 6293071 6293136 6293193 6293402 6294021 6294236 7202296

6293012 6293039 6293072 6293143 6293199 6293404 6294037 6294314

6293013 6293040 6293073 6293145 6293199 6293A001 6294039 6294318

6293014 6293041 6293073 6293146 6293200 6293A003 6294040 6294322

6293015 6293042 6293086 6293147 6293207 6293A004 6294041 6294491

6293 015A 6293043 6293107 6293148 6293208 6293A005 6294042 6294501

6293 015B 6293044 6293110 6293149 6293210 6293A006 6294045 6294531

6293016 6293045 6293 110A 6293152 6293211 6293A007 6294046 6294536

6293017 6293046 6293 111A 6293153 6293214 6293A008 6294 046A 6294544

6293 017A 6293048 6293112 6293154 6293225 6293A009 6294047 6294549

6293018 6293050 6293113 6293155 6293229 6293A010 6294048 7202002

6293 018A 6293051 6293114 6293156 6293235 6293A013 6294053 7202020

6293019 6293052 6293 114A 6293166 6293237 6293A020 6294054 7202021

6293020 6293054 6293116 6293167 6293244 6293A023 6294056 7202044

6293021 6293055 6293117 6293168 6293252 6293A025 6294057 7202045



ORDINANCE TO AMEND DULUTH CODE STORMWATER FEES

The Council of the City of Duluth hereby ordains that the Duluth Code of Ordinances is hereby

amended by deleting Sections 15-20(b)(1) and (2) of Article II, Chapter 15 of the Duluth Code of

Ordinances and adopting new subsections as follows:

Sec. 15-20. – Stormwater user fee billing, delinquencies, collections and rates. Modified

(b) Delinquencies and collection (1) A penalty or late charge in the amount of ten (10) percent of the base amount due and

unpaid 90 days after the due date shall be assessed against the customer. (2) In addition to the penalty stated above, interest in the amount of one (1) percent per

month shall accrue on all unpaid amounts beginning December 16th of the year in which the payment is due.

IT IS SO ORDAINED THIS ____ DAY OF _________, 2016

_____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar _____________________________ Jim Dugan ______________________________ Billy Jones ______________________________ Kelly Kelkenberg ______________________________ Greg Whitlock Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST:________________________ Teresa S. Lynn, City Clerk


ORDINANCE TO AMEND DULUTH CODE CHAPTER 3, SECTION 3-268

The Council of the City of Duluth hereby further ordains that the Duluth Code of Ordinances is hereby

amended by deleting Section 3-268, Article II, Chapter 3 of the Duluth Code of Ordinances in its entirety

and adopting a Section 3-268 to read as follows:

Sec. 3-268. - Special provisions and exemptions in downtown district. Modified

(a) Red zone events. During special "red zone" events designated by the mayor and council the public shall be authorized to possess and consume alcoholic beverages or purchase alcoholic beverages sold by those licensed establishments located in the CBD zoning district. Such consumption and possession shall only be allowed within the areas bounded on the north by Hill Street, on the east by the city's right-of-way line for Highway 120, on the west by Hardy Street and on the south by the Norfolk Southern rail road tracks. 1. No possession or consumption of alcohol shall be permitted in the playground at Taylor

Park or in the Duluth Cemetery within this designated area.

(b) Downtown entertainment district. The public shall be authorized to possess and consume alcoholic beverages in plastic cups where such alcoholic beverages are purchased from a licensed establishment located in the CBD zoning district within the public areas bounded on the north by Hill Street, on the east by the city's right-of-way line for Highway 120, on the west by Hardy Street and on the south by the Norfolk Southern rail road tracks. 1. No possession or consumption of alcohol shall be permitted in the playground at Taylor

Park, in the Duluth Cemetery or in parking lots within this designated area.

2. The public shall not be authorized to possess and consume alcoholic beverages in public areas described herein where the alcoholic beverages were not purchased from a licensed establishment located within CBD zoning district.

IT IS SO ORDAINED THIS ____ DAY OF _________, 2016.

_____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar _____________________________ Jim Dugan


______________________________ Billy Jones ______________________________ Kelly Kelkenberg ______________________________ Greg Whitlock Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST:________________________ Teresa S. Lynn, City Clerk


ORDINANCE GOLF COURSE ALCOHOL SALES

PART I

The Council of the City of Duluth hereby ordains that the Duluth Code of Ordinances is hereby

amended by striking the definition of “Golf Course” found in Section 3-103 of Chapter 3, Article I, of

the Code, in its entirety, and amending same to read as follows:

Golf course shall mean an outdoor golf course covering one (1) acre or more and containing at least

nine (9) tees, fairways and greens.

PART II

The Council of the City of Duluth hereby further ordains that the Duluth Code of Ordinances is

hereby amended by striking Section 3-250(b)(10) of Chapter 3, Article II, of the Code, in its entirety,

and amending same to read as follows:

Sec. 3-250. - License permitting the sale of alcoholic beverages on the premises for

consumption on the premises.

(b) No license permitting the sale of alcoholic beverages for consumption on the premises shall be

granted unless such person, business or proposed business falls under one (1) of the following

categories, in accordance with the definitions and regulations set forth in this chapter:

(10) Golf course.

PART III

The Council of the City of Duluth hereby further ordains that the Duluth Code of Ordinances

is hereby amended by striking Section 3-259 of Chapter 3, Article II, of the Code, in its entirety, and

amending same to read as follows

Sec. 3-259. Golf Course Sales

Sale of malt beverages, wine and distilled spirits are permitted for retail consumption licensees

operating a golf course as defined in Section 3-103 provided such sales are made in a clubhouse, in

an area outside of the clubhouse within the exclusive control of the licensee, or on the golf course

itself from a mobile or satellite location between the first and final hole on the course, provided that

the area is under the exclusive control of the licensee.

IT IS SO ORDAINED THIS ____ DAY OF _________, 2016

_____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar _____________________________ Jim Dugan


______________________________ Billy Jones ______________________________ Kelly Kelkenberg ______________________________ Greg Whitlock

Those councilmembers voting in opposition: ______________________________

______________________________

______________________________

ATTEST:________________________

Teresa S. Lynn, City Clerk


ORDINANCE TO AMEND THE CITY OF DULUTH

2016 FISCAL YEAR BUDGET AN ORDINANCE TO AMEND THE 2016 ANNUAL BUDGET FOR THE CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF THE STATE OF GEORGIA. THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of Duluth, Georgia, has previously adopted a budget for the 2016 fiscal year as follows: Total Revenues: 79,789,275 Operations Expenditures: 27,361,275 Capital Improvement Expenditures: 52,428,000 Total Expenditures: 79,789,275 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth Police Department has sold various items of confiscated property on-line, with the funds being deposited in the City’s Auction Proceeds bank account; and WHEREAS due to the need to safely and securely store digital evidence and the fact that the available “free space” on our network and servers is limited for the storage of this data; and WHEREAS it is requested that $1,100 of these funds be added to the Police – Support Services – Evidence Collection & Processing line item for the purchase of a long term storage device; and NOW THEREFORE, the City of Duluth 2016 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 79,790,375 Operations Expenditures: 27,362,375 Capital Improvement Expenditures: 52,428,000 Total Expenditures: 79,790,375 IT IS SO ORDAINED this day of , 2016. _____________________________ Mayor Nancy Harris


1st Budget Amendment

May 9, 2016 p2

Those councilmembers voting in favor: _____________________________ Marsha A. Bomar _____________________________ Jim Dugan ______________________________ Billy Jones ______________________________ Kelly Kelkenberg ______________________________ Greg Whitlock Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST:_________________________ Teresa S. Lynn, City Clerk


ORDINANCE TO AMEND THE CITY OF DULUTH

2016 FISCAL YEAR BUDGET AN ORDINANCE TO AMEND THE 2016 ANNUAL BUDGET FOR THE CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF THE STATE OF GEORGIA. THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of Duluth, Georgia, has previously adopted a budget for the 2016 fiscal year as follows: Total Revenues: 79,790,375 Operations Expenditures: 27,362,375 Capital Improvement Expenditures: 52,428,000 Total Expenditures: 79,790,375 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth built a two car train for entry in last year’s Fall Festival parade for members of council to ride on, which was powered by a tractor from the City’s Public Works Department; and WHEREAS members of the Fall Festival Committee upon seeing the train and how much it represented historic Duluth, asked if the City would continue to preserve the train as is and offered a $30,000 donation to replace the tractor used to power it; and WHEREAS it is requested that the $30,000 be added to the Donations line item and also to the Public Works – Machinery line item to purchase a new tractor; and NOW THEREFORE, the City of Duluth 2016 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 79,820,375 Operations Expenditures: 27,392,375 Capital Improvement Expenditures: 52,428,000 Total Expenditures: 79,820,375 IT IS SO ORDAINED this day of , 2016. _____________________________ Mayor Nancy Harris


2nd Budget Amendment

May 9, 2016 p2

Those councilmembers voting in favor: _____________________________ Marsha A. Bomar _____________________________ Jim Dugan ______________________________ Billy Jones ______________________________ Kelly Kelkenberg ______________________________ Greg Whitlock Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST:_________________________ Teresa S. Lynn, City Clerk


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