Duluth  MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA JULY 8, 2024  PRESENT: Mayor Whitlock, Council members Thomas, Doss, Graeder, and  Holloway, City Manager, Asst. City Managers, Department  Directors, City Attorney  ABSENT: Councilmember Harkness  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 Mayor Whitlock called the meeting to order at 5:45 p.m., and called for a motion to enter into an Executive Session for the purpose to discuss pending/potential litigation, Real Estate and or Personnel matters which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A.  discussed, and no action was taken.  50-14). I.  EXECUTIVE SESSION  Ar motion was made by Councilmember Holloway, seconded by Councilmember  Thomas to adjourn to executive session at 5:45pm.  Voting for: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  After the discussion, a motion was made by Councilmember Holloway, seconded  by Councilmember Thomas to return to regular session at 6:00pm.  Voting for: Motion carried. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE  Council members Thomas, Doss, Graeder, and Holloway    Minutes of M&C July 8, 2024 Page2of9  II. APPROVAL OF MEETING AGENDA  A motion was made by Councilmember Doss, seconded by Councilmember  Graeder, to approve the July 8 Council Agenda as presented.  Voted For: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  III. APPROVAL OF MINUTES  Amotion was made by Councimember Holloway, seconded by Councilmember Doss, to approve the June 10, 17 and June 28 meeting minutes as presented. Those voting for Council members Thomas, Doss, Graeder and Holloway  Motion carried.  IV. ANNOUNCEMENTS  1. UPCOMING EVENTS-www.dulutnga.netevents  Duluth Live, Thursdays, Fridays, and Saturdays from 6pm-9pm and Sundays from 2-5pm in Parsons Alley and the Activity Lawn. Ifanother event falls on a Duluth  Live date, please refer to that event for the musical lineup. 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- October from 2:00-5:00pm. Town Green. Shop local vendors at the Duluth Farmers Market in Downtown Duluth! Our market features vendors who bring in-season, local produce, baked goods and other locally made food and artisan products. Story Time at the Gigglebark Tree, Thursday, July 18, 4-4:30pm. Play time from 4- 6pm.c Gigglebark Tree in Taylor Park. Enjoy story time hosted by the Duluth Library and stay to play and enjoy the Party Animals animal display until 6pm. Viva Las Duluth, Saturday, July 27, 6-9pm. Town Green and Amphitheater. Get ready to roll the dice and experience a night of electrifying entertainment as Viva Las Duluth brings the irresistible glitz and glamour of Las Vegas straight to Downtown Duluth! Step into our Vegas wonderland, where the magic happens right before your eyes. Prepare to be dazzled by a star-studded lineup of jaw- dropping celebrity impersonators and mind-bending magicians who will leave you questioning reality. But that's not all! Our talented cirque-style dancers will defy gravity and leave you breathless with their awe-inspiring moves.  2    Minutes of M&C July8,2024 Page3of9  V. CEREMONIAL MATTER  1. RECOGNITION - FORMER MAYOR NANCY HARRIS - GMA HALL OF FAME Michael McPherson with the Georgia Municipal Association (GMA) and Randy Meacham with the Gwinnett Municipal Association presented an award to former Mayor Nancy Harris for being inducted into the 2024 Georgia Municipal Association Hall of Fame. Ms. Harris was recognized for her extraordinary contributions to municipal government and being a strong supporter of GMA, Gwinnett Municipal Association (GWMA) and the Atlanta Regional Commission  Board (ARC).  VI. CONSENT AGENDA  1.A APPROVAL COMMUNITY DEVELOPMENT BLOCK GRANT  IAI  Every three years, Gwinnett County is required to re-qualify as an Urban County along with each of its municipal partners as a condition ofi its Community Development Block Grant (CDBG) program. As a participant in the Gwinnett Urban County, the City of Duluth would be able to apply directly to Gwinnett County for CDBG, HOME Investment Partnerships Program, and Emergency Solutions Grant funding for eligible projects instead of having to apply to the Georgia Department of Community Affairs. This would result in less competition and a greater chance of success when applying for funding and allow residentsto access both Gwinnett County's Downpayment Assistance and Homeowner Rehabilitation program. Approval authorizes the mayor to execute, and the City Clerk to certify, Cooperation Agreements permitting the Cityt toj join as a member  ofthe Gwinnett Urban County CDBG Program.  2. APPROVAL OF AGREEMENT- TRANSFER OF K9 CLODO  [BI  Approval of this agreement authorizes the transfer of ownership of K-9 Officer "Clodo" to his handler Officer Kang for a fee of $10.00. Due to medical issues, Clodo can no longer perform his duties. Officer Kang will take full responsibility for the veterinarian care for a period of at least two (2) years and agreed that he will not sell or transfer possession oft the dog to anyone in return for any consideration  that exceeds five hundred dollars.  3. ORDINANCE TO. AMEND FY25 BUDGET- $21737-VEHICLES  [C!  Recently, the Police Department sold four (4) vehicles at auction, after commission and fees the City received $21,737. Staff is requesting $21,737 be added to Police Vehicles - Consolidated Vehicle Maintenance Vehicles line item, including associated transfers. Approval oft this item authorizes ordinance BA-FY25-01to  amend the FY25 Budget.  3    Minutes of M&C July8 8, 2024 Page4of9  AI motion was made by Councilmember Thomas, seconded by Councilmember  Holloway, to approve the Consent Agenda as presented.  Voted For: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  VII. PUBLIC HEARING  .ORDINANCE OF SPECIAL USE-CASE SU2024-002- CAR WASH Mayor Whitlock opened the public hearing and called forward Community Development Deputy Director Aron Hall forward to present.  [D!  Applicant Hernan Moya, on behalf of owner Syed Hossain, has requested a special use permit for 3495 Peachtree Industrial Blvd (Parcel ID R6321 032) to allow for a car wash as an accessory to a convenience store for the Shell gas station at  Pleasant Hill and Peachtree Industrial.  The legal description of the property consists of -+ .088 acres and the special use is suitable given the use and development of adjacent and nearby properties. The use is not anticipated to adversely affect the existing use or usability of adjoining or nearby properties, nor is it expected to cause excessive or burdensome use of Mr. Hall noted that the future Land-Use and Development section and supporting Character Area Map of FORWARDuluth (also known as the Comprehensive Plan, 2040) identifies the Character Area of this property as the Medical Triangle District. The Special Use approval to operate a carwash as an accessory use to a convenience store in the General Business District (C-2) zoning district is consistent with the spirit and intent of the comprenensive Plan. One of the conditions requires that the Occupational Tax Certificate must be The Planning Commission heard the case at the June 3rd meeting and recommended approval with conditions. Staff also recommends approval with  existing streets, transportation facilities, utilities, or schools.  obtained within 3 months.  conditions.  Mayor Whitlock called for discussion from Council.  Councilmember Graeder commented that an automated car wash was previously  located on this site.  Mayor Whitlock called forward the applicant.  4    Minutes of M&C July 8, 2024 Page! 5of9  Hernan Moya of1160 Hamlin Drive, Sandy Springs came forward to say that he would personally oversee the training to his employees on the proper disposal of  contaminated water.  Mayor called for questions/comments from the public.  Being none, Mayor Whitlock closed the public hearing and called for a motion. AI motion was made by Councilmember Thomas, seconded by Councilmember Doss, to approve ordinance 02024-34 for Case SU2024-002 with conditions as  presented. Voted For: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  VIII. NEW BUSINESS  1. AWARD OF BID - 2024 PAVING  (E]  Public Works Director Audrey Turner requested the Mayor and Council to consider awarding the bid for 2024 Mill, Patch and Resurface project of various City streets. Legal notice was run twice in Gwinnett Daily Post as well as placed on Georgia Procurement Registry site and City website. Project was bid as base with one alternate. Base streets are Dogwood Lane, Peachtree Chase, Peachtree Place, Tinsley Court and Tinsley Place. Alternates are Delma Court, Duluth Pines North The City received nine (9) bids for this project. Bid tabulation is attached. Base bid  and Duluth Pines South. and alternates are shown. Company Georgia Paving, Inc. Shepco Paving, Inc. Atlanta Paving & Conc. Construction, Inc. Vertical Earth Inc Stewart Brothers  Base Bid $344,439.00 $365,472.00 $383,981.00 $409,563.90 $514,713.00  Alternates $115,761.18 $130,696.42 $129,056.50 $162,415.00 $181,268.29 $162,670.00 $161,282.00 $268,300.00  Total $460,200.18 $468,253.93 $494,528.50 $546,396.00 $590,832.19 $594,945.00 $675,995.00 $907,050.00  Blount Construction Co, Inc $337,557.51  Summit Constr & Dev. LLC $432,275.00 Sunbelt Asphalt Surfaces, Inc $638,750.00  Following an analysis of each bid, and reference checks by Keck and Wood Engineering, staff recommends awarding the 2024 Mill, Patch and Resurface project bid (with contingency) to Georgia Paving, Inc, in an amount not to exceed $506,220.36 to fund the base bid and the alternate bid. Funds will come from  SPLOST.  5    Minutes of M&C July8 8,2024 Page 6of9  Ar motion was made by Councimember Holloway, seconded by Councilmember: Graeder, to approve awarding the 2024 Mill, Patch and Resurface project to Georgia Paving, Inc, in an amount not to exceed $506,220.36 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 Thomas, Doss, Graeder, and Holloway  2. ORDINANCE TO AMEND BUDGET-9 940,238-PAVING  (FI  Asst. City Manager Finance Director Ken Sakmar came forward requesting approval of a budget amendment BA-FY25-02 for $940,238 to fund the following  street repair and resurfacing projects:  1. Awarding of the bid for 2024 Mill, Patch and Resurfacing to Georgia 2. Project oversight for the above bid award in the amount of $20,000. 4. Right of way sinkhole repair at 3817 Whitney Place totaling $99,715.  Paving, Inc for $506,221.  3. Downtown sidewalk and driveway repairs $250,000. 5. Various concrete repairs totaling $64,302.  Approval oft this item approves ordinance BA-FY25-02 to add $20,000 in unallocated 2023 SPLOST Transportation funds to (ST-32), Transportation/ Infrastructure mprovements - Paved Streets - Professional Services line item, and $920,238 in unallocated 2023 SPLOSTTransportation funds to (ST-32), Transportation/Iinrastructure mprovements - Paved Streets - Repairs and Maintenance- - Sidewalks/Streets line item, including associated transfers. Ar motion was made by Councilmember Graeder, seconded by Councilmember  Doss, to approve ordinance BA-FY25-02 as presented.  Voted For: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  3. AWARD OF BID - ON-CALL STORMWATER CONTRACTORS  [GI  Planning and Development Deputy Director Aron Hall presented. Staff advertised on May 9, 2024, for contractors with the ability to serve our stormwater  department in the following categories:  CCTV & Hydrovac Repair & Maintenance Pipe Lining  OnJune 10, proposal packages were opened. Evaluation was based 75% on cast and 25% on qualncatonsreferences and the intent was to award multiple contracts in each category. Contracts will be for one-year terms, with two  additional one-year renewals, as needed.  6    Minutes of M&C July8,2024 Page7of9  Mr. Hall explained the bid and category processes and is requesting the following  awards:  Category CCTV & Hydrovac: - RDJE, Inc Vortex Services, LLC  - Southern Premier Contractors, Inc Category Repair & Maintenance: - Performance Tree Service, LLC Southern Premier Contractors, Inc - Vortex Services, LLC - The Dickerson Group, Inc Professional Pipeline, LLC Civil Works, Inc Category Trenchless Pipe Repair: - The Dickerson Group, Inc Cajenn Construction, Inc Southern Premier Contractors, Inc Southeast Pipe Survey, Inc - Professional Pipeline, LLC  AI motion was made by Councilmember Thomas, seconded by Councilmember Holloway to approve the award of on-call contracts to those contractors as  presented by staff. Voted For: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  IX. MATTERS FROM DEPT HEADS/CITY ATTORNEY  1. RESOLUTION - ARC GREEN COMMUNITIES PROGRAM  (H)  Planning and Development Deputy Director Aron Hall explained that the. Atlanta Regional Commission's Green Communities Program is a voluntary sustainability certification program that helps local governments reduce their environmental impact. Mr. Hall presented information on the certification program and the steps to achieving the green community status. Staff requests Council support for Amotion was made by Councilmember Thomas, seconded by Councilmember  application of said certification.  Doss to approve resolution R2024-09 as presented.  Voted For:  Council members Thomas, Doss, Graeder, and Holloway  7    Minutes of M&C July 8, 2024 Page 8of9 [J)  Motion carried.  2. ORDINANCE TO AMEND BUDGET $1,600 - NARCAN  The City of Duluth has received funds as part of the Opioid Settlement Lawsuit with opioid manufacturers and pharmacies. As part of the settlement, the city will receive annual payment over the next 18 years. These funds are being placed in a special revenue fund and are to be used for opioid prevention and treatment. Recently the City purchased Narcan nasal spray, which is used to treat individuals who overdose on opioids. Narcan is being placed in all City buildings and is carried by our officers. Staff is requesting approval of a budget amendment BA- FY24-361 to fund this purchase in the amount of $1,600. Staff is also requesting approval of a budget amendment BA-FY25-03 for $2,000 should additional Narcan Approval of this item approves ordinance BA-FY24-36 to add $1,600 in opioid settlement funds to Opioid Settlement Fund Adult Health Services- - Supplies line item and also approves ordinance BA-FY25-03 to add $2,000 in opioid settlement funds to Opioid Settlement Fund - Adult Health Service - Supplies line item. The city is providing training on how to administer Narcan as part of its wellness AI motion was made by Councimember Doss, seconded by Councilmember Graeder to approve ordinance BA-FY24-36 and Ordinance BA-FY25-03as  need to be purchased in the current year.  program for all city employees.  presented. Voted For: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  X. MATTERS FROM MAYOR & COUNCIL  Councimember Graeder - Civitan tour of Rogers Bridge Park hosted by the Parks and Recreation Department was successful. Group is looking forward Councimember Thomas - Community Chat held at Fridays N' Duluth was Councilmember Holloway noted her 6 month anniversary as an elected  to visiting all of the city parks.  successful. official.  8    Minutes of M&C July8 8, 2024 Page 9of9  XI. EXECUTIVE SESSION - continued  Mayor Whitlock called for a motion to return to Executive Session for the purpose to discuss Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A.50-14). AI motion was made by Councilmember Thomas, seconded by Councilmember  Holloway to return to executive session at 6:35 p.m.  Voting for: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  After the discussion, a motion was made by Councimember Holloway, seconded by Councilmember Thomas to return to regular session at 7:05 p.m.  Voting for: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  XII. ADJOURNMENT  An motion was made by Councimember Graeder, seconded by Councilmember  Thomas to adjourn at' 7:06 pm.  Voting for: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  Approved this 12 day of Dupt  2024.  an hEA Mayor Greg Whitlock  ATTEST:  Teresa Lynn  lk  9