Duluth  MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA JUNE 10, 2024  PRESENT: Mayor Whitlock, Council members Harkness, Doss, Graeder, and  City Manager, Asst. City Manager Ken Sakmar, Deputy City Clerk Kristin McGregor, Department Directors, City Attorney Lee  Thompson  ABSENT: Council members Thomas and Holloway  A work 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 5:45 p.m.  MOMENT OF SILENCE PLEDGE OF ALLEGIANCE  I.  EXECUTIVE SESSION  Itv was necessary to hold an executive session on Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Amotion was made by Councimember Graeder, seconded by Councilmember  Public Meeting Law (O.C.G.A. 50-14).  Doss, to adjourn to executive session at 5:45pm.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  After the discussion, a motion was made by Councilmember: Harkness, seconded  by Councilmember: Graeder, to return to regular session at 5:55pm.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder    Minutes of M&C June 10, 2024 Page 2of12  II. APPROVAL OF MEETING AGENDA  Amotion was made by Councilmember Graeder, seconded by Councilmember  Doss, to approve the June 10 Council Agenda as presented.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  III. APPROVAL OF MINUTES  Amotion was made by Councimember Doss, seconded by Councilmember Graeder, to approve the May 13 meeting minutes as presented.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  IV. ANNOUNCEMENTS  1. UPCOMING EVENTS-www.dulutnga.nga.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.  Duluth Farmers & Artisan Market, every 2nd and 4th Sunday of the month April- Rotary Car Show, Saturday, June 15, 10am-2pm. Parking Lot behind Thrive building, Downtown Duluth. Cars will be located in the parking lot that runs along the railway. This event is free to attend and is hosted by the Rotary Club of Duluth. Juneteenth Celebration, Saturday, June 15, 2-4pm. Duluth Library. Join us at the Duluth Branch of the Gwinnett County Library System to commemorate and  October from 2:00-5:00pm. Town Green.  celebrate Juneteenth. V. CONSENT AGENDA  1.A APPROVAL OF TITLE VI CONTRACTS & REPORTS  [AI  As presented and discussed at the March work session, approval of this item approves the submission of City of Duluth Title VI documentation to the Georgia  Department ofTransportation as presented.  2    Minutes of M&C June 10, 2024 Page 3of12 (B)  2. ORDINANCE TO AMEND THE FY24 BUDGET-VEHICLES  Approval oft this item authorizes ordinance BA-FY24-31 to amend the FY24 budget. Recently, the Police Department sold three (3) vehicles at auction, after commission and fees the City received $15,887. In addition, the Police Department received an insurance settlement of $36,150 for a police vehicle that was involved in an accident that our insurance carrier determined to be a total loss. Staff is requesting $52,037 be added to Police Vehicles - Consolidated Vehicle Maintenance - Vehicles line item, including associated transfers. Doss, to approve the Consent Agenda as presented.  Ar motion was made by Councimember Harkness, seconded by Councilmember  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  VI. PUBLIC HEARINGS  1. FY25 BUDGET- - SECOND PUBLIC EARING/ORDINANCE OF ADOPTION Mayor Whitlock opened the public hearing to take comments on the proposed FY25 Budget, which projects expenditures and revenues (including reserves) to total $40,720,648. Per Georgia law, the Mayor and Council to hold public hearings to receive public comments on the proposed FY: 2025 Annual Operating and Capital Projects Budget. Prior to this public hearing, council and staff reviewed the proposed budget at a workshop on April 15, and the first public hearing was The Assistant City Manager presented the proposed budget, compared with prior year's audit results, and highlighted various changes in the budget. The largest percentage of revenue is property taxes, and the largest percentage of expenditures is staff salaries. He broke the figures down by department, discussed the millage rate history, and summarized the most notable variations in the  [CI  held on May 13.  budget as compared to last year.  Mayor Whitlock called for discussion from Council. Being none, the Mayor called There being no questionsy.comments Mayor Whitlock closed the public hearing Amotion was made by Councilmember Doss, seconded by Councimember Harkness, to approve ordinance 02024-33 adopting the FY2025 budget as  for questons.comments from the public.  and called for a motion.  presented. Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  3    Minutes of M&C June 10, 2024 Page 4of12  2. ORDINANCE OF REZONING - CASE Z2024-001 - FUTURES CHURCH [D! Mayor Whitlock opened the public hearing to consider an ordinance of rezoning for Case Z2024-001 and a variance for parking. He announced that he hasa business relationship with Futures Church and therefore would not be Deputy Director of Community Deveopmenvengnering Aron Hall came forward to explain the request. Owner, Paradise Evangelistic Association, Inc., and Applicant, The Providence Group, LLC, c/oJ. Alexander Brock of Smith Gambrell, and Russell, LLP, requested the rezoning of ONE Old Peachtree Road for an undeveloped property at the eastern corner of Old Peachtree Road and Sugarloaf Parkway (parcel ID R7199 224). The property is currently zoned 0-I (Office- Institutional District) and the request is to rezone the 11.2 acre property to PUD (Planned Unit Development) to allow for the construction of71 townhome units and an approximately 31,000 SF church building (636 seat sanctuary), with a 150 Mr. Hall showed the map and discussed the surrounding uses. He noted the Character area as Established neighborhoods" which fits the request and pointed out the enhanced buffers and landscape. He also showed elevations, church renderings, and described the site plan. He further noted that a variance is also connected to the request regarding parking and outlined the general conditions. Mr. Hall reported that the Planning Commission recommended approval with conditions on May 6. They asked to add a condition to require parking spaces above the maximum allowed to be pervious materials. Staff also recommended approval of the rezoning with the original conditions as presented, and did not agree with the added condition as it would likely be an undue burden on the HOA  participating in the discussion.  seat accessory chapel and amphitheater.  and very expensive to maintain.  Mayor Whitlock called for discussion from Council.  Councimember Graeder agreed with staff that it would be hard to maintain a pervious surface. He felt that the same results could be achieved by enhancing the landscape plan that has to go through approval by the planning department, and ask that it include as much greenspace along the parking areas as possible. Councimember Harkness asked staff if the amount of parking requested seems Mr. Hall responded that many of the attendees are single drivers. Councimember Graeder felt it was better to give the church more space rather than force overflow Councimember Doss wanted to be sure that the City was not responsible for the  excessive.  parking into the residential area.  long term care of the residential street portion. Mr. Hall said no.  4    Minutes of M&C June 10, 2024 Page 5of12  The Mayor called the applicant forward to answer questions.  Alexander Brock with Smith, Gambrell & Russell came forward on behalf of Providence Group to present and answer questions. He described the acreage of the property and details of the site plan. The church property will also have a chapel and amphitheater, which would require a separate approval ift they are Mr. Brock explained the rezoning history of the property and reasons for the lack of development under those prior approvals. As the demand for office space has dramatically lessened after 2020, the shift was made to request residential. They feel this change is compatible and harmonious with the surrounding uses. The increase in number of parking spaces is that a 3-1 ratio is ideal for their current membership demographics. The applicant agrees with staff's recommended  seeking outdoor amplification.  conditions.,  President Warren Jolly of the Providence Group came forward to discuss details of the townhome development. This is similar to other projects they are currently building in Duluth, but there were: some requested differences. He noted this is more similar to the Atley project in Alpharetta with design and common areas. In Mr. Jolly explained the unit layouts, some of which include porches and small fenced in yards to offer enhanced outdoor living options for different buyer demographics. In all of their communities, the HOA maintains all the exteriors of the building and all the yards as well. The HOA also maintains the premises  this case, all the stormwater/detention is underground.  insurance for all the buildings.  Mayor Whitlock called for questions/comments from the public. Being none, the Amotion was made by Councilmember Graeder, seconded by Councilmember Doss, to approve ordinance 02024-29 for Case Number Z2024-001 with conditions  Mayor closed the public hearing and called for a motion.  as presentedi including the variance.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  3. APPROVAL OF FEE SCHEDULE- - COMMUNITY DEVELOPMENT PERMITS Mayor Whitlock opened the public hearing House Bill (HB) 461, which passed on May 6, 2024, requires, among other things, that local governments charge regulatory fees for construction projects based on certain methods. This change Staff recommended continuing this item during the Special Called meeting on June17,2024 to allow for refinement of the updated fee schedule.  in GA lawi is set to take effect on July1,2024.  5    Minutes of M&C June 10, 2024 Page 6of12  A motion was made by Councilmember Harkness, seconded by Councilmember Graeder, to continue this hearing until the meeting of June 17, 2024.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  4. ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE Mayor Whitlock opened the public hearing to consider an ordinance to amend various sections of the Unified Development Code (UDC) under six different text Deputy Director of Community Developmenvenginering Aron Hall came  (E)  amendments.  forward to explain the requests.  For TA2024-002: Since the Unified Development Code (UDC) was adopted June 8, 2015, Two-family dwelling: Duplex has been allowed by right in all single-family zoning districts - a contradiction of single-family: zoning. Staff is proposing to omit Two-family dwelling: Duplex as an allowed use in all single-family zoning districts: For TA2024-003: When the Unified Development Code (UDC) was adopted June 8, 2015, there was no category for Single-Family Attached: Townhomes or Condominiums. Multi-Family: Townhouses was an allowed use in RM (Residential Multi-Family) zoning until March of 2021 when the Council introduced the new zoning category, R-TH (Residential Townhouse). With the addition of the R-TH zoning district, Multi-Family: Townhouses as a principal use was omitted and Single-Family Attached: Townhomes or Condominium was introduced, but only in the R-TH zoning district. With the extension of sewer on Hall Circle, staff has seen an influx of interest in building townhouses in the RM (Residential Multi-Family) district. With Single-Family Attached: Townhomes or Condominiums being allowed only in the R-TH zoning district, it makes it impossible for a developer to build townhomes and sell them individually. Staff is proposing to add Single- Family Attached: Townhomes or Condominiums as an allowed use by right in RM For TA2024-004: Currently, the principal use "Other Transient Lodging", refers to short-term rental of a unit not to exceed 30 days. "Other Transient Lodging"is allowed by special use approval in R-100, R-75, HRD and CBD. It is allowed by right in RM (Residential Mixed-Density). Staff recommends that "Other Transient Lodging" be allowed only by special use approval in the RM (Residential Mixed- For TA2024-005: Text Amendments to amend Section 317 to the UDC for Restriction on Particular Uses: Cigar, Tobacco and Other Smoker's Supply Stores.* Amend Table 2-C in order to reference Article 3 in the Principal Uses Allowed by Zoning District under Cigar, Tobacco and Other Smoker's Supply Stores. Special  RA-200, R-100 and R-75.  (Residential Multi-Family).  Density) district along with R-100, R-75, HRD and CBD.  6    Minutes of M&C June 10, 2024 Page7of12  use approval is required for Cigar, Tobacco and Other Smoker's Supply Stores within C-2 (General Business District). Mr. Hall provided the background for this Within the past seven months, Mayor and Council have denied two requests for special use approval for two different vape shops at two different locations. This has led staff to research avenues in which Cigar, Tobacco and Other Smoker's Supply Stores may be more appropriate for Mayor and Council to approve for any The City of Lilburn is the only City within Gwinnett County to prohibit vape shops in all zoning districts. Fulton County has vape shops listed under Accessory Uses and limits floor area of a building to no more than 25% in both their C-land C-2 districts. The City of John's Creek puts distance requirements such as 200 yards from any church, temple or place of worship, daycare, school, College, University or Government-owned facility or property and 500 yards from another smoke shop. There have been four (4) Cigar, Tobacco and Other Smoker's Supply Stores that have acquired an Occupational Tax Certificate within the City of Duluth. There have been zero (0) Special Use applications approved since the UDC was adopted Staff recommends adding what Johns Creek has, which is to add distance  request.  future Special Use applications.  in 2015.  requirements as follows:  1.200 Yards from any daycare or school (Public or Private)  2.500 yards from another Cigar, Tobacco and Other Smoker's Supply Store Distance shall be measured by a straight line without regard to intervening structures or objects, from the front door of the cigar, tobacco and other smoker's supply store to the closest point on a boundary line of any parcels containing a daycare, school (public or private) or a Cigar, Tobacco and Other Smoker's Supply Forl TA2024-006: Text Amendments to add Section 352. Mobile Kitchens to the UDC (Unified Development Code). Amendment to add Mobile Kitchens to Table 2- C:Temporary Uses. Staff fields many inquiries as to how to permit food trucks for special events on private property. Currently, a mobile kitchen is only allowed in the CBD (Central Business District) AND only if it has gone through the vendor applicant process for operation during City of Duluth sanctioned events. A1 food truck operating outside of these parameters is limited to the following:  Store.  (a) Mobile Kitchens shall be allowed by Special Use approval in areas zoned (b) Mobile Kitchens must be integrated with a bar, brewpub, and/or restaurant that is legally in existence and meets all City, County, and State  CBD, C-1,C-2, HC-Retail and HC-Auto.  requirements.  7    Minutes of M&C June 10, 2024 Page 80 of1 12  (c) Mobile Kitchens must be kept in an area that is enclosed on a minimum ofthree (3) sides by a minimum of (6) foot high structure attached to the primary building. Materials and design shall be approved by the Planning and  Development Director.  (d) All Mobile Kitchens must use utilities provided by the primary building  that they are associated with. Portable generators are prohibited.  Staff recommends that Mobile Kitchens be allowed in any zoning district with a Councilmember Doss asked how that would affect Truck N Tap. Mr. Hall said that itv was a full time establishment and would not fall under these regulations. ForT TA2024-007: Text Amendments regarding Commercial Vehicle Parking, to Section 203. Definitions, Section 346. Home Occupations and Section 405. Prohibited Off-Street Parking. Staff is making recommendations to clarify commercial vehicle parking in residentially zoned districts, by adding definitions, addressing home occupations, prohibiting certain types of vehicles, and showing photos of vehicles that would be disallowed. Mr. Hall also addressed driveways and parking surfaces, and what exemptions there would be to these regulations. Planning Commission recommended approval of these text amendments on Mayor Whitlock called for discussion from Council. Being none, Mayor Whitlock Being no uestonsycomments the Mayor closed the public hearing and called for Amotion was made by Councilmember Graeder, seconded by Councilmember Doss, to approve ordinance 02024-32 for the text amendments to the Unified  temporary use permit for up to two days a quarter.  June 3, 2024.  called for uestions/comments from the public.  ar motion.  Development Code as presented.  Voting for: Motion carried. VII. NEW BUSINESS  Council members Harkness, Doss, and Graeder  1. AUTHORIZATION FOR CONTRACT-S STREET SWEEPING  [FI  The Mayor and Council considered awarding the on-call contract for street sweeping. The current contract is set to expire at the end of June and the new  contract would start on Julyltoa avoid a gap in service.  8    Minutes of M&C June 10, 2024 Page 9of12  On April 5, 2024, the City advertised for the procurement of an on-call street sweeping service. On May 8, four qualification and proposal packages were received and opened. Each was evaluated by three independent evaluators based on experience and qualifications (30%), references (10%), and cost (60%). The  following were the scores:  Disinfectant Solutions of Atlanta, LLC - 15.5  "disqualified for not being in business at least 5years)  ICRO Enterprise, Inc -32.7 Pateco Services, LLC 5 50.7  Sweeping Corporation of America, LLC -6 62.2  Staff recommends awarding the contract to Sweeping Corporation of America, LLC. Their scope includes annual street sweeping, post-event sweeping, and on- Amotion was made by Councimember Doss, seconded by Councilmember Harkness, to award the contract for street sweeping services to Sweeping Corporation of America, and further allow the City Manager to enter into a City  demand specialty sweeping as needed.  Attorney approved contract.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  2. WOODEHAVEN NEIGHBORHOOD DRIVEWAY REPLACEMENT Woodenaven, a neighborhood off of Peachtree Industrial Boulevard has approximately 20 concrete driveways that were accepted as streets when the development was built. Over the years, the City has completely replaced two of the concrete driveways and made major repairs to several others. In June of 2023, Keck and Wood engineers were contracted to do a pavement evaluation on concrete driveways that had not been replaced or repaired (14) and determine a priority list for replacement. (The Pavement Evaluation Report is attached for review.) This bid is for the concrete driveways that were listed as highest priority, Nutmeg Drive and Quincey Lane. Base bid was for Nutmeg and Alternate was for The City received nine bids for this project. Bid tabulation is attached. Base bid  [GI  Quincey.  and alternate is shown. Company Ryals Brothers LLC CMC LLC CGSL LLC Zaveri Enterprises, Inc 9 Yards Infrastructure, LLC $118,190.00 KB Contracting of GA LLC Ohmshiv Construction R&B Developer, Inc  Base Bid $92,671.20 $103,745.00 $112,400.00 $114,600.00 $125,004.00 $129,640.00 $144,000.00  Alternate $109,426.85 $123,667.50 $135,473.00 $144,300.00 $143,410.00 $149,562.00 $154,510.00 $153,800.00 $164,069.80  Total $202,098.05 $227,412.50 $247,873.00 $258,900.00 $261,600.00 $274,566.00 $284,150.00 $297,800.00 $307,455.80  Lagniappe Development Co. $143,386.00  9    Minutes of M&C June 10, 2024 Page 10of12  Following an analysis of each bid, plus reference checks by Keck and Wood Engineering, staff recommends awarding the Woodehaven Neighborhood Driveway Replacement project bid (with contingency), to Ryals Brothers, LLC,in an amount not to exceed $222,307.85. This funds the base bid and alternate bid. Amotion was made by Councilmember Harkness, seconded by Councilmember Doss, to approve awarding the Woodehaven Neighborhood Driveway Replacement bid to Ryals Brothers LLC, in an amount not to exceed $222,307.85 and authorize the Mayor or City Manager to execute the contract as approved by the City  Funds will come from SPLOST.  Attorney. Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  3. ORDINANCE TO AMEND BUDGET - $230,000- WOODEHAVEN Since council approved awarding the bid for the Woodhaven Driveway Replacement project to Ryals Brothers, LLC for $222,307.85, staff requested approval of a budget amendment to fund the project including the cost of project Approval of this item approves ordinance BA-FY24-32 to add $230,000 from unallocated 2023 SPLOSTT Transportation funds to (ST-32) as presented.  [HI  oversight.  An motion was made by Councilmember Harkness, seconded by Councilmember  Graeder, to approve ordinance BA-FY24-32 as presented.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  VIII. MATTERS FROM DEPT HEADS/CITY ATTORNEY 1. APROVAL OF CITY SIDEWALK PLAN  (  Mayor and Council to consider approval of the updated sidewalk map/plan. Over time, sidewalk projects are completed or added to the map/plan requiring periodic updates. Staff will present an updated map/plan and recommendations An motion was made by Councilmember Harkness, seconded by Councilmember  for approval.  Doss, to approve the updated sidewalk map/plan as presented.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  10    Minutes of M&C June 10, 2024 Page 11of12 JJ  2. ORDINANCE TO AMEND BUDGET $200,000 - POLICE TECH FUND Staff is requesting approval of a budget amendment to transfer $200,000 from the Police Technology Fund to the General Fund. Per the City's Ordinance this fee is to defray the cost of operation of the Municipal Court which are accounted for in Approval of this item approves ordinance BA-FY24-33 to add $200,000 to Police Technology Fund - Other Financing Uses - Transfer to General Fund and a like amount to General Fund - Transfer from Police Technology Fund. Graeder, to approve ordinance BA-FY24-33 as presented.  the General Fund.  Amotion was made by Councimember Harkness, seconded by Councilmember  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  3. ORDINANCE TO AMEND BUDGET: $1,640,350.79: -P PAVING  [KI  Staff is requesting approval of a budget amendment to fund the bid awards for asphalt rejuvenation, 2024 LMIG milling, patching and resurfacing, project oversight, "one-off projects and the 2024 LMIG Supplemental Grant.  This budget request breaks down as follows:  1. Bid award at the May 13th council meeting for asphalt rejuvenation to extend the service life of the road and reduce maintenance cost with a budgeted amount 2. Bid award at the May 13th council meeting for 2024 LMIG mill, patch and resurfacing of six (6) streets and two (2) alternate streets with a budgeted amount 3. Project oversight and one-off smaller projects with a budgeted amount of 4. Recently received State of Georgia Local Maintenance and Improvement Grant (LMIG) Supplemental for $342,750.79. Willinclude both budgeted revenue Overall budget request is $1,297,600 and will be funded with unallocated 2023 SPLOSTT Transportation Funds $954,849.21 and 2023 LMIG Supplemental Grant $342,750.79. Staff is requesting approval of a budget amendment (BA-FY24-34) to add $1,147,600 in unallocated 2023 SPLOST Transportation and $342,750.79 in LMIG Supplemental Grant funds to Transportation/infrastructure Improvements- Paved Streets - Repairs & Maintenance - Streets/Sidewalks line item and $150,000 toT Transportation/linrastructure - Paved Street - Professional Services line item, including associated transfer and $342,750.79 to Transportation/Intrastructure  of $110,100. of $937,500. $250,000.  and expenditure.  Improvements GDOT State Grant line item.  11    Minutes of M&C June 10, 2024 Page 12of12  Ar motion was made by Councilmember: Doss, seconded by Councilmember  Harkness, to approve ordinance BA-FY24-34 as presented.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  IX. MATTERS FROM MAYOR & COUNCIL Council extended praise for the recent events. X. MATTERS FROM CITY MANAGER  Sixth annual community "Clean-up Day" is Saturday, June 15th from 8am-4pm. The  newly annexed residents received theinformation as well.  XI. ADJOURNMENT  AI motion was made by Councilmember Doss, seconded by Councilmember  Harkness, to adjourn at' 7:20pm.  Voting for: Motion carried.  Council members Harkness, Doss, and Graeder  Approved this 3 day of  2024.  Mayor greg Whitlock  ATTEST:  22  Mgr./City Clerk, Teresa Lynn  C  12