Duluth  MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA MAY 13, 2024  PRESENT: Mayor Whitlock, Council members Harkness, Thomas, Doss,  Graeder, and Holloway, City Manager, Asst. City Managers,  Department Directors, City Attorney  Awork session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening's agenda items. No other items were  discussed, and no action was taken.  Mayor Whitlock called the meeting to order at 5:55 p.m.  I.  EXECUTIVE SESSION  Mayor Whitlock called the meeting to order for the purpose to hold an executive session on Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Public Meeting Law (0.C.G.A.50-14). Ar motion was made by Councilmember Thomas, seconded by Councilmember  Graeder to adjourn to executive session at 5:55 p.m.  Voting for: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  After the discussion, a motion was made by Councilmember Graeder, seconded by  Councilmember: Holloway, to return to regular session at 6:03 p.m.  Voting for: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  MOMENT OF SILENCE PLEDGE OF ALLEGIANCE    Minutes of M&C May 13, 2024 Page2of11  II. APPROVAL OF MEETING AGENDA  Ar motion was made by Councimember Doss, seconded by Councilmember Thomas, to approve the May 13 Council Agenda as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  III. APPROVAL OF MINUTES  A motion was made by Councilmember Graeder, seconded by Councilmember Doss, to approve the April 8 and April 22 meeting minutes as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  IV. ANNOUNCEMENTS  1. UPCOMING EVENTS-V www.dulutnga.net/events  Duluth Live Thursdays, Fridays, and Saturdays from 6pm-9pm and Sundays from  2-5pm in Parsons Alley and the Activity Lawn.  Fridays N Duluth every Friday, May-July, 6-9pm.Downtown Duluth. Experience exotic flavors in a mobile vending setting with amazing local cuisine while listening to live entertainment and connecting with your community. Duluth Farmers & Artisan Market every 2nd and 4th Sunday of the month April- SummerStage Concert featuring Pop2000,uneltrom 8-10pm. Town Green and Amphitheater.Join us for a free concert hosted. by' *NSYNC's Chris Kirkpatrick..  October from 2:00-5:00pm. Town Green.  V. MATTERS FROM CITIZENS  Tuwanda Rush Williams of 2461 Tack Hill Court, Dacula, Georgia came forward to  announce her candidacy for Superior Court Judge.  VI. CONSENT AGENDA  1. ORDINANCE TO APPOINT COURT SOLICITORS  IAI  Chief Solicitor Richard Armond has requested a second Assistant Solicitor be appointed to be assured of having a back-up solicitor for all court sessions.  2    Minutes of M&C May 13,2024 Page3of11  Approval of this item approves ordinance 02024-24 appointing the following individuals as Municipal Court Solicitors of the Municipal Court of the City of Duluth, who are authorized to serve in said positions unless a majority vote of Council removes such member(s) or until successors are appointed: Mr. Richard Armond-Chief Solicitor, Robert Giannini-Assistant Solicitor, Kelsey Wiley-Assistant  Solicitor, Maggie Benson-Assistant Solicitor(new). 2. INSOLVENT AD VALOREM TAXES  (BI  Per Chapter 2, Article1, Sec 2- 4 of the Duluth Code, approval of this item grants insolvency status to personal property tax accounts determined to be uncollectible for years up through 2023 in the base amount of $22,449.12 plus penalties and interest for a total of $28,353.48. Business personal property accounts are considered insolvent only after every effort to collect them has been exhausted, which includes processing late notices, returned mail investigation, cross checks with the Gwinnett County' s Tax Assessors' real and personal property tax files, City and County Occupational Tax records, and onsite visits by the City's  Licensing Compliance inspector.  3. FINANCE/PURCHASING POLICY  [CI  As reviewed at the April 22 work session, approval ofthis item approves the updated purchasing policy, which outlines allowable methods for city purchases  and clarifies spending thresholds.  4. APPROVAL OF CONTRACT ANNUAL LANDSCAPE MAINTENANCE [D) The annual landscape maintenance contract will expire on June 30, 2024. The City advertised a Request for Proposal (RFP) for a new contract to provide citywide landscape maintenance. The new contract will be for a term of one year, beginning on July1,2024, and will be renewable annually for up to five total years. As discussed at the March 25 work session, after reviewing all of the responses, approval of this item accepts the staff's recommendation to award the annual  landscape maintenance contract to Yellowstone Landscape.  5. ORDINANCE TO AMEND DULUTH CODE-C CHAPTER10  [EI  The proposed ordinance will establish regulations on use of Unmanned Aircraft Systems (UAS),commonly known as drones, on City-owned or City-operated property. Approval of this item approves ordinance 02024-26 as presented.  6.1 LAP RECERIIFICATION-ADOPTION OF GDOT PROCUREMENT POLICY Georgia Dept. of Transportation (GDOT) requires that local governments adopt a formal procurement policy that strictly follows Federal and State requirements  (F,GI  where federal funds are being used.  3    Minutes of M&C May 13,2024 Page 4of11  In the absence of a separate policy, GDOT allows for local governments to adopt GDOT's policy by way of a letter of agreement. The council last adopted GDOT's procurement policy in October of 2021. To maintain LAP Certification, the City must adopt GDOT's procurement policy every three years and sign letters of agreement. Local projects will continue using local procurement policies. Approval of this item authorizes the Mayor and Council to sign the agreement  letters as presented.  Ar motion was made by Councilmember Holloway, seconded by Councilmember:  Harkness, to approve the Consent Agenda as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  VII. PUBLIC HEARINGS  1. FY25 BUDGET - FIRST PUBLIC HEARING  [H)  Mayor Whitlock opened the public hearing and called Assistant City Manager/ Per the State of Georgia code, the Mayor and Council are to hold a public hearing tor receive public comments on the proposed FY: 2025 Annual Operating and Capital Projects Budget. Prior to this public hearing, the council and staff reviewed the proposed FY 2025 budget at a budget workshop on held April 15th. Mr. Sakmar presented the strategic vision statements of the City and the proposed balanced FY25 proposed budget, prior year audit results, and various changes in the budget. He gave a budget comparison for the General Fund and explained that the conservative approach used for projections means that revenues are based on long term trends and expenditures are projected without discounting. He summarized the revenues and expenditures, noting that the highest expenditure items were staff salaries and the addition oft the trash collection service. He reviewed the expenditures by department and the stated Mr. Sakmar highlighted other funds such as the Public. Art Fund, Stormwater Utility, Rental Motor' Vehicle, Tax Allocation District, and American Rescue Plan As second public hearing will be held on Monday, June 10, 2024, at the regularly scheduled meeting of the Mayor and Council. Following the second public hearing, an ordinance adopting the FY: 2025 budget will be presented for  Finance Director Ken Sakmar forward to present.  the intent to keep the tax millage rate the same for 2024.  (ARPA).  consideration.  Mayor Whitlock called for discussion from Council.    Minutes of M&C May 13,2024 Page5of11  Councimember Thomas requested that the increase in the Mayor and Council budget be communicated clearly. It was a result of moving the Gwinnett Municipal Association annual dues to the Mayor and Council budget. The Mayor called for questions/comments from the public. Being none, Mayor Whitlock closed the public hearing and announced that the second public hearing will be held on June 10, 2024. No motion was necessary at this time.  2. ORDINANCE OF SPECIAL USE - CASE SU2024-001- SMOKE FACTORY Mayor Whitlock opened the public hearing to consider the special use request. Community Developmenvengnering Director Margie Pozin came forward to present. She explained that Property Owner Young Seo, and Applicant Mohammed Alhadad have applied for special use permit for parcel R63221 151, which is located at 3308 Peachtree Industrial Boulevard. The request is for  [  opening a vape shop, which requires a special use permit.  Ms. Pozin showed a map of the area and described the existing conditions on the adjacent properties. She also discussed the Character Area in the Peachtree Retail Corridor District and the recommended conditions that were placed on the Planning Commission approval at their May 6, 2024 meeting. Staff also  recommended approval with conditions. Mayor Whitlock called for discussion from Council.  Councilmember Harkness said he was morally against it and felt that the City has Councimember Holloway questioned the conditions regarding signage and asked ifvehicle signage was prohibited also. Ms. Pozin said the restriction only Councimember Graeder asked for clarification on the use. He asked if it was sale of products only, as it appears to include hookah products and also consumption of hookah on premise. Ms. Pozin confirmed that the applicant asked for sale of tobacco products, but a secondary use could include hookah consumption on Councilmember Doss noted that there is a Child Day Care next door and thus he Mayor Whitlock felt that onsite smoking invokes different requirements and Councilmember Thomas asked what the main points are to review from staff perspective since the Planning Commission and staff both recommended  enough smoke shops; therefore he would not support it.  applies to signage on the property.  premise.  could not support.  wanted to ensure other tenants would not be disturbed.  approval with conditions.  5    Minutes of M&C May 13, 2024 Page 6of11  Ms. Pozin responded that Staff reviewed the primary purpose to determine land use conformity and compliance with the Comprehensive Plan. Any additional permits governing the onsite activity would be under the authority of Gwinnett City Attorney Stephen Pereira clarified that the City has no specific regulations regarding hookah bars, but the applicant has not asked for that at this point. Mayor Whitlock called the applicant forward for a response. The applicant was not The Mayor called for questions/comments from the public. There being none, Mayor Whitlock closed the public hearing and called for a motion.  County.  present.  An motion was made by Councilmember Holloway, seconded by Councilmember Thomas to approve ordinance 02024-28 with conditions as presented. Voted Against: Council members Harkness, Doss and Graeder  Voted For: Motion denied.  Council members Thomas and Holloway  3. ORDINANCE OF REZONING - CASE Z2024-001- FUTURES CHURCH Mayor Whitlock opened the public hearing to consider a rezoning request. Property Owner Paradise Evangelistic Association, Inc. and Applicant, The Providence Group, LLC, are requesting a rezoning of parcel R7199 224, which is located at the east corner of Old Peachtree Road and Sugarloaf Parkway. The property is currently zoned Ofiçe-Institutional (0-1). The request is to rezone the property to a Planned Unit Development (PUD) to allow for the development of Planning Commission recommended approval with revised conditions on May 6, As of May 8, 2024, the applicant has requested a continuation of this case until  the Church as well as townhomes on the same property. 2024. Staff recommends approval with original conditions.  June 10, 2024.  The Mayor called for a motion.  Ar motion was made by Councimember Harkness, seconded by Councilmember Graeder, to continue the public hearing for case Z2024-001 until June 10, 2024.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway    Minutes of M&C May 13,2024 Page7of11  VIII. OLD BUSINESS  1. ORDINANCE OF REZONING - CASE Z2024-002 - ANNEXED PARCELS JJ City Attorney Stephen Pereira presented the request. He explained that, on. April 8,2024, in accordance with the requirements of O.C.G.A. 36-66-4(d)0), the Mayor and Council held a public hearing to consider the appropriate zoning of110 unincorporated parcels proposed to be legislatively annexed into the City of Duluth, Georgia by House Bill 1465. The legislation annexing the 110 parcels was signed by Governor Kemp on May 7,2024. Mayor and Council now consider the adoption ofan ordinance of rezoning for the subject properties. Staff is requesting all annexed properties be zoned R-75 (City of Duluth).  Being no further discussion, Mayor called for a motion.  Ar motion was made by Councilmember Holloway, seconded by Councilmember Doss, Pursuant to OCGA 36-66-4(d) and the approval of House Bill 1465, to approve ordinance 02024-30 rezoning the subject properties from R-75 (County) to R-75  (City) as presented. Voted For: Motion carried. IX. NEW BUSINESS  Council members Harkness, Thomas, Doss, Graeder, and Holloway  1. ORDINANCE TO AMEND BUDGET: - BUNTEN PARK TRAIL  [KI  Assistant City Manager/Finance Director Ken Sakmar came forward to present. At the October 23, 2023 Work Session of the Mayor and Council, staff presented a project scope and improvement changes to the Bunten trail improvements project based on consultation with Columbia Engineering and staff recommendations The changes include additional site/survey work, improvements for green infrastructure and hydrology,ADA: and trail improvements, pedestrian access and plaza design, and architectural modifications. Staffi is requesting a budget amendment of $205,000to fund the scope changes, plus a 10% contingency. Funding for this budget amendment will come from unallocated SPLOST 2023 Recreational Facilities funds. Council was asked to approve ordinance BA-FY24-29 to add $205,000 in unallocated 2023 SPLOST Recreational Facilities funds to (PK-35) Bunten Road Park Park Areas Professional Services line item including associated transfers. Amotion was made by Councimember Thomas, seconded by Councilmember  Graeder, to approve ordinance BA-FY24-29 as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  7    Minutes of M&C May 13,2024 Page 8of11 [LI  2. AWARD OF BID - 2024 ASPHALT REJUVENATION  The Mayor and Council considered awarding the bid for asphalt rejuvenation. Part of Duluth's "Pavement Preservation" program, asphalt rejuvenation is a method of applying a penetrating sealer to pavement to replace ingredients that are lost from the pavement overtime due to exposure to sun and other elements. Application of this treatment at the right time to the right road extends the service life of the road and helps reduce maintenance costs. The legal notice is attached and was run twice in the Gwinnett Daily Post and posted on the City One bid was received. After review, Staff recommends awarding the Asphalt Rejuvenation bid (with contingency) to Pavement Technology, Inc. in an amount Councimember Thomas requested the list of streets being considered to be added as part of these minutes and to send a copy to the Mayor and Council.  website.  not to exceed, $110,057.64. Funds will come from SPLOST.  Charleston Bay: Ashley Lane, East Bay Street (both sections), Meeting Street Barkley Square: Barkley Square Drive, Canter Way, Winsley Place Castlemaine: Bennigan Lane, Castlemaine Drive, Galway Court, Leprechan Berkeley Park: Berkeley Park Court, Berkeley Park Drive Riverbrooke: Brookhurst Court, Lake Villas Court, Lake Villas Lane, Villa Brooke Court, Longlake Drive, Longlake Way Chattawood: Chattawood Drive, North Whippoorwill Drive, Timberridge Olde Towne Residences: Creek Village Court, River Village Court, Stone  Way  Trail  Village Court, Towne Village Drive Carriage Gate: Gate House Lane  Village at Albion Farm: Hawks Nest Court, White Owl Court  Windsor Gate: Northgate Lane, Windsor Gate Run, Windsor Valley Court All asphalt streets in Woodehaven (Hackberry Circle, Laurel Club Drive,  Riverwood Parkway, Royal Oaks Circle)  Ar motion was made by Councilmember Graeder, seconded by Councilmember Holloway, to award the bid to Pavement Technology as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  3. AWARD OF BID - 2024 LMIG PAVING  [MI  The Mayor and Council considered awarding the bid for 2024 LMIG Mill, Patch and Resurface project of various City streets. (Legal notice is attached and was run twice in Gwinnett Daily Post as well as placed on Georgia Procurement Registry    Minutes of M&C May 13, 2024 Page 9of11  site and City website). Project was bid as base with one alternate. Base streets are Albion Farm Way, Barnwood Crossing, Chattahoochee Trace, Roundfield Circle, Mill Run Drive, and River Shoals Court. Alternates are: Ennfield Lane and Olde The City received six (6) bids for this project. Bid tabulation is attached. Base bid  Towne Parkway.  and alternates are shown.  Company MHB Paving  Base Bid 565,222.00  Alternates 286,946.20 271,756.00 265,802.51 292,520.00 390,785.96 559,449.00  Total 852,168.20 855,788.00 858,481.36 892,582.00 1,344.697.96 1,525,812.25  Sunbelt Asphalt Surfaces, Inc 584,032.00 Blount Construction Co. Inc. 592,678.85 Allied Paving Contractors, Inc 600,062.00  C.W. Matthews Stewart Brothers  953,912.00 966,363.25  Following an analysis of each bid, plus reference checks by Keck and Wood Engineering, staff recommend awarding the 2024 LMIG, Mill, Patch and Resurface project bid (with contingency) to MHB Paving, in an amount not to exceed $937,385.02. This funds the base bid and alternate bid. Funds will come from 2024  LMIG, 2024 Supplemental LMIG and SPLOST.  Being no further discussion, Mayor Whitlock called for a motion.  A motion was made by Councilmember Thomas, seconded by Councilmember Doss, to approve awarding the 2024 LMIG Mill, Patch and Resurface bid to MHB Paving, in an amount not to exceed $937,835.02 as presented and authorize the Mayor or City Manager to execute the contract as approved by the City Attorney.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  X. MATTERS FROM DEPT HEADS/CITY ATTORNEY  1. ORDINANCE TO AMEND BUDGET- $549,000- - POLICE EQUIPMENT [NI Assistant City Manager/Finance Director Ken Sakmar summarized the request. During the recent FY25 budget capital projects meetings, the Police Department discussed their equipment needs. The company supporting body cameras worn by the officers had been acquired by Motorola, who notified them they would no longer be supporting the body cameras. In addition, the in-car video systems are about 6to 8 years old and the officer's in-field laptops are as well, and thus at end The Police Department is requesting approval of a budget amendment in the amount of $549,000 for the purchase of 20 newin-car video systems, 74 officer worn body cameras, and 28 officer laptops. The cameras and in-car video systems  of life.    Minutes of M&C May 13,2 2024 Page 10 of11  will be supplied and supported by Genetic, the company that supports our city- wide camera system, which will allow them to be tied into the same system. The purchase will be funded with Public Safety unallocated 2017 SPLOST and unallocated 2023 SPLOST. Staff is requesting approval of a budget amendment (BA-FY24-30) to add $279,785.03 in unallocated 2017 SPLOST Public Safety funds and $269,214.97 in unallocated 2023 SPLOST Public Safety funds to (PD-20) SPLOSTVehicles - Police - Consolidated Vehicle Maintenance - Vehicles line item, Ar motion was made by Councilmember Harkness, seconded by Councilmember:  including associated transfers.  Thomas, to approve ordinance BA-FY24-30 as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  XI. MATTERS FROM MAYOR & COUNCIL  Councimember Harkness referenced a great article in South Gwinnett Magazine highlighting Chief Carruth and Duluth's businesses. He also expressed thanks to the Marketing Department for the roll out of the new trash service. Counciimember Holloway noted that she and Mayor Pro tem Thomas attended Councilmember Graeder and Councilmember Thomas said there were great events held in the downtown past few weeks and thanked the staff. Councimember Whitlock reported that the Duluth Courtyard by Marriott Hotel ranked #1 boutique hotel out of over 1,000 hotels worldwide.  the ribbon cutting and opening of Co-Hatch.  XII. MATTERS FROM CITY MANAGER  The City applied for an award for the Rogers Bridge replacement and was awarded "Project of the Year" from the Georgia Chapter of the American Public Works Association. The award is presented in July, and this automatically enters Duluth was chosen to be highlighted at the GMA conference in Savannah. Chris McGahee will give a presentation on how to activate downtowns with playable art  the project into the National competition.  featuring the "GigglebarkTree."  10    Minutes of M&C May 13, 2024 Page 11of11  XIII. ADJOURNMENT  Ar motion was made by Councimember Graeder, seconded by Councilmember  Thomas, to adjourn at 7:00pm.  Voting for: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  Approved this on day of June  2024.  Mayor  ATTEST: Kristin  A  CR  McGregorDeputy City Clerk  11