fo1  PUBLIC HEARING & REGULAR BUSINESS MEETING  OF MAYOR AND COUNCIL CITY OF SNELLVILLE, GEORGIA MONDAY,AUGUST 12, 2024  Present: Mayor Pro Tem Tod Warner, Council Members Norman A. Carter Jr., Kerry Hetherington, Cristy Lenski, and Gretchen Schulz. (Mayor Barbara Bender was absent.) Also present City Attorney Chuck Ross with Powell and Edwards, City Manager Matthew Pepper, Assistant City Manager Mercy Montgomery, Chief Greg Perry, Planning and Development Director Jason Thompson, Public Information Officer Brian Arrington, IT Administrator Erika  Fleeman and City Clerk Melisa Arnold.  Since Mayor Bender was absent, Mayor Pro Tem Warner chaired the meeting.  CALL TO ORDER INVOCATION  Mayor Pro Tem Warner called the meeting to order at 7:30 p.m.  Bobby Howard gave the invocation. PLEDGE TOTHE FLAG CEREMONIAL MATTERS  Council Member Carter led the Pledge of Allegiance.  None MINUTES  Approve the Minutes of the July 22, 2024 Special Called Meetings and the July 22. 2024 Public Council Member Carter made a motion to approve the minutes of the July 22, 2024 Special Called Meetings and the July 22, 2024 Meetings, 2nd by Council Member Hetherington; voted 5  Hearing & Regular Business Meeting ini favor and 0 opposed, motion approved.  INVITED GUESTS None None  COMMITTEE/DE/DEPARTMENT REPORTS  City of Snellville Administration Department 2342 Oak Road Snellville, GA30078 770-985-3500 770-985-3525 Fax www.snelville.org    PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNÇIL  MONDAY,AUGUST 12, 2024 APPROVAL OF THE AGENDA  PAGETWO  Çouncil Member Lenski made a motion to approve the agenda with the addition of New Business item "d" Çonsideration and Action on Approval of a Settlement Agreement Between Former City Manager Russell Treadway and the City of Snellville, 2nd by Council Member  Carter; voted 5 in favor and 0 opposed, motion approved.  PUBLICHEARING  1st Reading - CIC 24-01 - Application by John Gaskin, Patrick Malloy Communities (applicant) and Ballantry PMÇ Summit Chase LLC (property owner) requesting a Change in Conditions from the 4-26-2021 approved rezoning from RS-30 to the ROI District (Case #RZ21-02LUP21- 02 and Ordinance No. 2021-10) approved for a 21-Lot (age-restricted) single-family detached residential subdivision (Soleil Summit Chase) on a 5.58t acre tract located at the intersection of Rosebud Road and Temple Johnson Road. 3491 Rosebud Road, Snellville (Tax Parcel 5094 Council Member Schulz made a motion to waive the first reading and place on the August 26, 2024 agenda for a second reading and public hearing, 2nd by Council Member Carter; voted 5in 1tReading - CIC 24-02 - Consideration and Recommendation on application by John Gaskin, Patrick Malloy Communities (applicant) and Ballantry PMC Summit Chase LLC (property owner) requesting a Change in Conditions (#CIC 24-02) from the 6-10-2019 approved rezoning from RS-180 to R-HOP(55)-SE District (case #RZ 19-02 and Ordinance No. 2019-09) approved for a 257-Lot (age-restricted) single-family detached residential subdivision (Soleil Summit Chase) on a 75.29 acre tract located at the intersection of Rosebud Road, Temple Johnson Road, and Brushy Fork Road, Snellville (Tax Parcels 5099 231,5099 Council Member Lenski made a motion to waive the first reading and place on the August 26, 2024 agenda for a second reading and public hearing, 2nd by Council Member Carter; voted 5in  327)  favor and 0 opposed, motion approved.  232,and 5094326)  favor and 0 opposed, motion approved. CONSENT AGENDA None OLD BUSINESS None NEW BUSINESS  2nd Reading - ORD 2024-08 - Consideration and Action on an Ordinance to Amend Portions of Chapter 62 of the Code of Ordinances of the City of Snellville to Amend Inconsistencies and Allow Change in Fees by Resolution, to Repeal Conflicting Ordinances, and for Other Purposes Council Member Lenski made a motion to approve ORD 2024-08, 2nd by Council Member Schulz; voted 5 in favor and 0 opposed, motion approved. (A copy of ORD2024-08 is attached  [Bender]  Mayor Pro Tem Warner gave a briefoverview of the amendment.  to and: made a part oft these minutes.)    PUBLICHEARING: & REGULAR BUSINESS OF MAYOR. AND COUNCIL  MONDAY, AUGUST 12, 2024 PAGE THREE Structure Bender]  Consideration and Action on RES 2024-14 - Adoption of Updated Stormwater Utility Fee Mayor Pro Tem Warner explained that the City has an aging stormwater infrastructure and the cost of maintaining it has continued to rise over the last several years. In order for the City to Council Member Lenski made a motion to approve RES 2024-14, 2nd by Council Member Carter; voted 51 in favor and 0 opposed, motion approved. (A copy of RES 2024-14 is attached to  maintain the stormwater system a: fee increase is being considered. Council asked questions ofCity Manager Pepper.  and made aj part of these minutes.)  Considerationand. Action on Surplus of City Police Vehicles [Bender] Hetherington; voted 51 in favor and 0 opposed, motion approved. Police Unit 125-2 2008 Ford Crown Victoria-2 2FAFP7IV98X154945 Police Unit 243 - 2019 Volkswagen Ba-SYWCSTBUXAMIDOI Manager Russell Treadway and the Cityofs Snellville [Warner]  Council Member Schulz made a motion to approve the surplus, 2nd by Council Member  The following vehicles were surplused:  Consideration and Action on Approval of a Settlement Agreement Between Former City Mayor Pro Tem Warner explained that Mr. Treadway was the City Manager from 2008 until 2012. City Attorney Ross explained this settlement is related to a clause in his contract that referenced being vested in the City retirement plan before the normal 5-year clause. Council Member Lenski made a motion to approve the settlement agreement between with City of Snellville and Russell Treadway in the amount of $67,347.47 and authorize the Mayor to execute the contract, 2nd by Council Member Hetherington; voted 5 in favor and 0 opposed,  motion approved. COUNCIL REPORTS MAYOR'S REPORT Mayor Pro Tem Warner gave a report. PUBLIC COMMENTS  Council Members Carter, Hetherington, Lenski, and Schulz each gave ai report.  The following people came forward to speak: Kenneth Faulks Sr, 1323 Temple Johnson Rd., Loganville. Rose Purdy, 2270 Burlington Lane, Snellville. Barry Wiggs, 2210 Stockton Walk Lane, Snellville.  EXECUTIVE SESSION  None    PUBLIC. HEARING & REGULAR BUSINESS OF MAYOR. AND COUNCIL  MONDAY,AUGUST 12, 2024 PAGE FOUR ADJOURNMENT  Council Member Hetherington made a motion to adjourn, 2nd by Council Member Carter; voted 5in favor and 0 opposed, motion approved. The meeting adjourned at 8:14.p.m.  Tod Warner, Mayor Pro Tem Sus Dold MelisAmold,City Clerk  A    CITY OF SNELLVILLE STATE OF GEORGIA  ORDINANCE NO. 2024-08  AN ORDINANCE TO. AMEND PORTIONS OF CHAPTER 62 OF THE CODE OF ORDINANCES OF THE CITY OF SNELLVILLE TO. AMEND INCONSISTENCIES AND ALLOW CHANGE IN FEES BY RESOLUTION, TOI REPEAL CONFLICTING  ORDINANCES, AND FOR OTHER PURPOSES  WHEREAS, the City of Snellville is in the process of updating its stormwater user fee WHEREAS, the City of Snellville has found an inconsistency in its ordinance that it WHEREAS, the Mayor and the Council oft the City of Snellville, Georgia deems it in the ITIS HEREBY ORDAINED BY7 THE GOVERNING AUTHORITY OF THE CITY OF Section 1. Section 62-87, subsection (d) and (e) of the Code ofOrdinances is hereby deleted  schedule; and  would like to clear up; and  best intertest of the safety and welfare for the citizens; SNELLVILLE, GEORGIA, and by the authority thereof: in its entirety and replaced with the following:  "(d) Subject to the exemptions provided for in section 62-92 and the credits provided for in section 62-93, the stormwater user fee, or any changes thereto, shall be  established by adoption ofar resolution of the mayor and council."  Section 2. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.  (b) It is hereby declared to be the intention of the Mayor and Council that, to the  greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance, Itisl hereby further declared to be the intention oft the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase  ofthis Ordinance.  ORD2024-08    (c) In the event that any phrase, clause, sentence, paragraph or section of this  Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, Section 3. All ordinances and parts of ordinances in conflict herewith are hereby expressly Section 4. This Ordinance was adopted Ag. 12, 2024. The effective date of this  enforceable, and ofi full force and effect.  repealed.  Ordinance shall be the date of adoption unless othèrwise stated herein.  ORDAINED this 12day of Mug 2024.  Barbara Bender, Mayor Tod Warner, Mayor) ProTem - ds  ATTEST:  Sahsalnd MelisaArnold, City Clerk  APPROVED. WDA  P4e  ASTOFORM: Jn Ross, City Attorney  Kerry Hetherington, Council Member EfCksLw Gretchen Schulz, Council Membet Shmathta Norman Carter, Council Member  ORD2024-08  2    SNBLLVILLE  STATE OF GEORGIA CITY OF SNELLVILLE  RES 2024-14  WHEREAS, Stormwater control, monitoring and system maintenance has been a City government responsibility since legislatively mandated by federal and state government; and WHEREAS, the City of Snellville formed a stormwater utility to help defray the great cost of such mandate and set an initial fee forresidential and commercial properties in 2008; and WHEREAS, only one fee increase occurred in 2016 while the number and the cost of needed system repairs has greatly increased as our stormwater infrastructure has aged and eroded over WHEREAS, a Fee Study was conducted to assist the City with proposing a rate that will collect sufficient revenue to finance the expenses related to the operation and maintenance oft the system; WHEREAS, it has become necessary to set new fees at a fair level that gives the City a reasonable opportunity to maintain our system, whereby the health, safety and welfare of our NOW' THEREFORE, be it ordained and resolved that a new stormwater utility fee structure is  that time; and  and  citizenry is] protected. adopted as follows:  Tier 1 (Residential <2850. sq. fL.)=$93.75 Tier 2 (Residential 2851-4750 sq. ft.)=$125.00 Tier 3 (Residential > 4750 sq. ft.)=$156.25 Commercial (AII) = $125.00 per 3800 sq. ft.  [SIGNATURES APPEAR ONNEXTPAGE  RES 2024-14    SO RESOLVED this 12 day of August 2024.  Barbara Bender, Mayor  ATTEST:  Tod  ProTem  -  Cdehhide Cristy Lenski_Council Member  MelisaA Arnold, Clerk ADuai  KAM6  APPROVED. ASTOFORM: AAB  Kerry Hetherington, Council Member EhNKEKS Gretchen Schulz, Council Member fadt  Attorney  RES: 2024-14  2