Duluth  MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA AUGUST 12, 2024  PRESENT: Mayor Whitlock, Council members Harkness, Thomas, Doss,  Graeder, and Holloway, City Manager, Asst. City Managers,  Department Directors, City Attorney  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.  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 Ar motion was made by Councilmember Harkness, seconded by Councilmember  Public Meeting Law (O.C.G.A. 50-14).  Thomas, to adjourn to executive session at 5:45 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 Thomas, to reconvene to regular session at 5:55 p.m.  Voting for: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  MOMENT OF SILENCE. Mayor Whitlock called for a Moment of Silence and asked for thoughts and prayers for the young person injured in a train accident last PLEDGE OF ALLEGIANCE - Montgomery Rennow- Scout Troup 419  week.    Minutes of M&C August 12, 2024 Page 2of10  II. APPROVAL OF MEETING AGENDA  A motion was made by Councimember Holloway, seconded by  Councilmember Graeder, to approve the August 12, 2024 Council Agenda as  presented. Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  III. APPROVAL OF MINUTES  Ar motion was made by Councilmember Doss, seconded by Councilmember: Thomas, to approve the July 8 and 22, 2024 meeting minutes as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  IV. ANNOUNCEMENTS  1. UPCOMING EVENIS-www.duluthganetVevents  August is Art Month! Workshops and activities happening all throughout the  month!  Multicultura Night Saturday, August 24. 6-9pm.Town Green.  Take a trip around the world without ever leaving Duluth! Join us for Multicultural Night where the main stage will light up with performances from across the globe, hosted by DJ Jessica It's All Good. Featuring iconic landmarks, cultural music, dance, delicious international cuisine and Lantern Parade at 9 p.m. Duluth Live every Thursday, Friday, Saturday (6-9pm)and Sunday 2-5pm)through October. Enjoy live music and various street performers in Parsons Alley and the Duluth Farmers & Artisan Market every second and fourth Sunday April through October. 2-5pm, Town Green. Shop local vendors at the Duluth Farmers Market in Downtown Duluth! Live music, themed photo-ops and free kid's activities in  Activity Lawn.  Parsons Alley.  V. CEREMONIAL MATTER  1. AWARDS - MUNICIPAL COURT JUDGES  The Council of Municipal Court Judges held its Annual Summer Business Meeting and Awards Ceremony on June 13, 2024, in Savannah, Georgia. The Council's  2    Minutes of M&C August 12, 2024 Page3of10  President's Award was presented to Chief Judge Charles Barrett for his efforts and contribution in the advancement of the Council. Associate Judge Margaret Washburn received the inaugural Washburn-Oliver Award, which honors women whose extraordinary commitment to the council is evident in years of self-sacrifice for the betterment of the council, wise advice, though leadership and championing the development and mentoring of new leaders.  VI. MATTERS FROM CITIZENS No comments received. VII. CONSENT AGENDA  1.A AUTHORIZATION FOR CHANGE IN BANKING SERVICES  IAI  In April 2024, staff issued a Banking Services Fact Sheet to solicit responses for City banking services. A total of six (6) responses were received. OnJ July 24, ,2024 staff presented the responses to the Employee Benefits and Audit Review Committee. The committee voted to recommend awarding financial services to Embassy National Bank for banking services with the City of Duluth. Approval of this item approves resolution R2024-17 and authorizes City Manager to execute all necessary paperwork moving all checking, saving and certificate of deposits from First  Citizens Bank to Embassy National Bank.  2. ORDINANCE TO AMEND BUDGET - $16,771 - MOTOR VEHICLE TAX The FY24 Rental Motor Vehicle Tax Fund budget included funds for the replacement of a damaged public parking sign and upgrading the street namel stop signs at Hill Street and Hardy Street. However, due to the lead time necessary for the signs, the City was not invoiced in FY24. Approval of this item approves BA- FY25-04 which carries forward $16,771.00 in Rental Motor Vehicle Taxi funds to FY25 to allow for the replacement of the signs. These funds will be added to the Rental Motor Vehicle Tax Fund Downtown Development - Signs/Banners line item.  (BI  3. LAP RECERTIFICATION. - ADOPTION OF GDOT PROCUREMENT POLICY Council approved the re-adoption of Georgia DOT's (GDOT) procurement policy at their May 13th meeting. However, GDOT did not accept the paperwork, and is requiring another signature be added. Approval of this item approves the amended paperwork with the added signature line for the Director of Community Development & Engineering as the person responsible for procurement for  [CI  federally funded roadway infrastructure projects.  3    Minutes of M&C August 12, 2024 Page 40 of10  AI motion was made by Councilmember Thomas, seconded by Councilmember  Harkness, to approve the Consent Agenda as presented.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  VIII. PUBLIC HEARINGS  1. PROPOSED TAX MILLAGE RATE-2024  (D!  Mayor Whitlock opened the public hearing to consider the tax millage rate for Assistant City Manager/Finance Director Ken Sakmar came forward to present. He explained that each year, the Gwinnett County Tax Assessor reviews the assessed value of taxable property in the County. When the total digest of taxable property is prepared, Georgia Law requires calculation of a "rollback" millage rate (RMR) that produces the same total revenue on the current year's new digest that last year's millage rate would have produced, had no reassessments occurred. The City of Duluth is considering maintaining the same millage rate as last year, which is 6.551 mills. For the 2024 digest, the current millage rate exceeded the rollback millage rate by 0.415 mills, or stated another way, as a percentage of the rollback millage rate, the current millage rate represents a 6.76% 'increase." The reassessment revenue is approximately $1,029,072. He outlined the value impact to homeowners depending on their property value. The two factors that increase the revenue are the growth of the city, and reassessments. Growth produced in increase of' 7.2% increase and reassessments (before appeals) resulted in a 6.65% increase for both residential and commercial properties. Mr. Sakmar noted the revenues and expenditures for the FY2025 budget, discussed exemptions, and noted that the millage rate history has Georgia law requires that the City publish a "Notice of Property Tax Increase" in the legal organ when the tentative adopted millage rate exceeds the rollback millage rate. In addition, three public hearings must be scheduled to allow the public an opportunity to express their opinion on the proposed tax millage. This is the third and  2024.  been the same since 2016.  final public hearing; an ordinance is presented for adoption.  Mayor Whitlock called for discussion from Council and the public. As no comments were made, the Mayor closed the public hearing and called for a A motion was made by Councilmember Harkness, seconded by Councilmember Holloway, to approve ordinance 02024-35 as presented,  motion.  setting the tax millage rate for 2024 at 6.551 mills.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  4    Minutes of M&C August 12, 2024 Page5of10 (E)  2. AUTHORIZATION FOR EMINENT DOMAIN I-JERONIMO CHAVEZ  3146 BUFORD HWY - FOX STREET SIDEWALKS  Mayor Whitlock opened the public hearing to receive public comment pertaining to condemnation proceedings for the Fox Street Sidewalk Project. Community Deecpmenvengnering Director Margie Pozin came forward to explain the Ms. Pozin displayed photos of the area and explained that this is a transportation improvement project that includes the extension of the sidewalk along Fox Street toallow pedestrians safe access to Buford Highway. It will close the gap in the sidewalks which is necessary due to current and future expected pedestrian She noted that staff had attempted negotiations with the property owner for some time and it can continue up to 30 days following adoption of the resolution. City Attorney Stephen Pereira noted that the resolution before Council isto authorize him to move forward with the condemnation proceedings for public Mayor Whitlock called for discussion from Council. Hearing none, the Mayor called There being no further comments or questions, Mayor Whitlock closed the public Ar motion was made by Councimember Thomas, seconded by Councilmember Holloway, to approve resolution R2024-10 for the use of eminent domain to acquire permanent construction easements at 3146 Buford Highway, as  process.  mobility.  purpose if necessary.  for questions/comments from the public. hearing and called for a motion.  presented. Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  3. REVOCATION OF SPECIAL USE - SUP2015-01 - ICI RACING 2815 & 2825 BUFORD HWY, TAX PARCELS R7202 055 & R7202290  Mayor Whitlock opened the public hearing for case SUP2024-003 to consider a revocation process due to non-compliance of a previously approved special use. Community Deveopmenvengnering Director Margie Pozin came forward to Mayor and Council were asked to consider authorizing the City Attorney to proceed with filing suit in accordance with Article 13oft the Unified Development Code (UDC) to compel compliance with the City's zoning ordinances and the conditions imposed as part of the Special Use Permit 2015-01 for the property  explain the request.  5    Minutes of M&C August 12, 2024 Page 6of10  located at 2815/2825 Buford Highway, Duluth, Georgia 30096 (tax parcel numbers R7202 055 and 7202 290). The combined properties are1.62 acres in the Highway Ms. Pozin explained the existing site conditions, surrounding zoning, and the character area of Commerca/Retaivotice In February 2015, Mayor and Council approved a Special Use for 2815/2825 Buford Highway to operate an auto repair shop. The approval of the Special Use came with the following conditions: CONDITION: The approval is for the stated applicant only. Ifthe business is sold or the use is significantly altered the SUP is considered void. FINDING: The business has sold (the property is in the process of being sold) and the business changed names from its originally permitted IC Racing to CONDITION: Once the parcels are officially combined, please notify the  Commercial Retail (HCR) zoning classification.  its current name of Vol Repairs II.  Community Development Department in writing. FINDING: The parcels have not been combined. CONDITION: No outdoor storage is allowed.  FINDING: Please refer to the historic and existing photos in the subsequent slides as to the extent of outdoor storage. The outdoor storage is within the Railroad right-of-way, behind the primary building, to the side of the primary building, in front of the building along and within designated customer parking. Per our Code, cars are considered "stored" any time they are not parked in a lawfully marked spot. One operable vehicle per space. CONDITION: All business operations must be performed in a fully enclosed FINDING: Repair operations appear to be performed completely within the CONDITION: Proper screening from the right-of-way is required: landscaping and fencing to be approved by the Community Development FINDING: Not all of the vehicles are parked in a screened area. The fence is not closed during operating hours allowing anyone driving down Buford Highway to see the prohibited outdoor storage. CONDITION: Site is subject to all City of Duluth permit requirements including, but not limited to, building, site and signage. FINDING: Business operator/owner is not complying with all required City  area. building.  Department.  Codes.  Ms. Pozin explained the timeline and communications regarding code compliance notices of violation and the actions to remedy the concerns. At this point, the business has completely overrun the back area with outdoor storage of cars not parked in legal spaces (one per space) and appears to have paved the RR ROW for their use. They claim to have measured 100' from the RR track and believe themselves to be over the line by only 10'. Our measurements indicate the  100' mark is at the back of the shed.  6    Minutes of M&C August 12, 2024 Page 7of1 10  Staff forwarded a report to the Planning Commission in accordance with Section 1105.b.8 of the UDC. The Planning Commission recommended revocation of Special Use Permit 2015-01 on August 5. Staff recommending that Council allow the City Attorney to take action to compel compliance with the City'szoning ordinances and the conditions imposed as part of the Special Use Permit 2015-01  for the property.  Mayor Whitlock called for discussion from Council. is that if a business gets sold, the SUP ceases.  Councilmember Thomas asked if when SUP was issued in 2016, her understanding City Attorney Pereira responded that those conditions are not enforceable; the special use goes along with the property itself and ownership change would not  have given rise to revoke the SUP.  Councilmember Graeder asked about the goal for filing suit.  Mr. Pereira said we would be seeking an injunction to compel compliance with our: zoning ordinance. Ift the defendant does not comply at that point, he would be found in contempt of court, which could result in jail or civil fines. Mayor called the property owner and business owner forward for comment. Mr. Jose Rodriguez of 1788 Lawrenceville Hwy, Decatur GA came forward to respond. He said the property was set up as an automotive repair property when he purchased it. In 2023 he was issued a business license for auto repair, and related auto activities. In 2024 he renewed his license and was not aware of special conditions. He explained that once he became aware of them, he began actions to comply with the city's requirements. They are starting to move cars offsite, and the drive lane is mainly customer and vendor parking, which he has been trying to control. The encroachment into railroad right-of-way was paved area and SO they will go ahead and get a survey completed. Mr. Rodriguez noted there is a fence there, which is deceiving as to where the right-of-way starts. Mayor Whitlock called for questions/comments from the public. There being no further comments or questions, Mayor Whitlock closed the public hearing and Councilmember Holloway asked about the licenses issued. Ms. Pozin responded that the City has granted the auto use, but when you do not comply with the  called for a motion.  conditions is where the issues arise.  Councimember Harkness asked if the parking in the back was always paved. Ms.  Pozin was not sure when that was added.  7    Minutes of M&C August 12, 2024 Page8 8 of10  Councilmember Graeder felt it was necessary to move forward to force compliance but there would still be time for the property owner to remedy the A motion was made by Councilmember Thomas, seconded by Councilmember Holloway, to authorize the City Attorney to proceed with filing suit in accordance with Article 13 of the Unified Development Code to compel compliance with the City's zoning ordinances and the conditions imposed as part of the Special Use Permit 2015-01 for the property located at 2815/2825 Buford Highway, Duluth, Georgia 30096, tax parcel numbers 7202 055 and  concerns.  7202 290. Voted For: Those abstaining: Motion carried.  Council members Thomas, Doss, Graeder, and Holloway  Councilmember Harkness  4. ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE Mayor Whitlock opened the public hearing to consider an ordinance to omit section 1103.05 of the Unified Development Code. Community Development/Engineering Deputy Director Aron Hall came forward to present. Mr. Hall explained that House Bill 1073 (HB 1073), Zoning Procedures relating to Drug Treatment Facilities became effective on May 6, 2024. The legislation strikes language from the zoning procedures chapter of Title 36 of the O.C.G.A., removing specific language relating to zoning procedures relating to halfway house(s), drug rehabilitation center(s), or another facility for treating drug dependency. The HB effectively says that the UDC should treat these types off facilities as any other  (F)  proposed zoning decision would be treated.  Staff is recommending that in order to follow the new law (HB 1073) 1103.05 Special Public Hearing; Drug Dependence Treatment Facilities be omitted from the UDC (Unified Development Code). Planning Commission recommended approval of Mayor Whitlock called for discussion from Council. There being none, the  these text amendments on August 5, 2024.  Mayor called for questions/comments from the public.  There being no comments or questions, Mayor Whitlock closed the public hearing Amotion was made by Councimember Graeder, seconded by Councilmember Doss, to approve ordinance 02024-37 for case TA2024-009 as presented.  and called for a motion.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  8    Minutes of M&C August 12, 2024 Page 9of10  5. - ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE-LIGHTING Mayor Whitlock opened the public hearing to consider an ordinance to revise Deveopmenvenginering Deputy Director Aron Hall came forward to present. As the Unified Development Code (UDC) is currently written, a lot which is comprised of one single-family dwelling is exempt from the Outdoor Lighting Standards as set forth in Section 303. Staff is recommending that lots comprised of one-single family dwellings be regulated through Section 303. Outdoor Lighting Standards. This includes those single-family dwellings within the HRD (Historic Planning Commission recommended approval of these text amendments on  section 303 of the Unified Development Code. Community  Residential District). August 5,2024.  Mayor Whitlock called for discussion from Council.  Councimember Graeder asked if there have been any specific problems. Mr. Hall said there have been calls and complaints about flood lights in  neighborhoods which impede onto other property.  Mayor called for questions/comments from the public. There being no further comments or questions, Mayor Whitlock closed the public hearing and called for a Ar motion was made by Councilmember Graeder to approve ordinance 02024-  motion.  36 for case TA2024-008 as presented. Motion failed for lack of a second.  Ar motion was made by Councilmember Thomas, seconded by Councilmember Harkness, to postpone ordinance 02024-36 for case TA2024-008 as presented due to concern that requirements for holiday lights are ambiguous.  Voted For: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  IX. MATTERS FROM MAYOR & COUNCIL  Neighborhood "meet & greets" are being scheduled. Student LEAD postponed to adjust dates.  9    Minutes of M&C August 12, 2024 Page 10 of10  X. MATTERS FROM CITY MANAGER  1. SELFIE STATIONS  City Manager James Riker asked Economic Development Director Chris McGahee to report. Staff member Jessica Bianchi came up with the concept and worked to design "Selfie Stations." The City has experienced over 500 hits on social media  since the nine downtown stations were installed. XI. EXECUTIVE SESSION - CONTINUED  Itwas necessary to continue the executive session on Real Estate, Georgia Open and Public Meeting Law (O.C.G.A. 50-14).  Pending/Potential Litigation, or Personnel, which is properly excluded from the Ar motion was made by Councilmember Thomas, seconded by Councilmember  Graeder, to reconvene into executive session at 7:05 p.m.  Voting for: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  After the discussion, a motion was made by Councilmember Doss, seconded by  Councilmember Graeder, to return to regular session at 8:20 p.m.  Voting for: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  XII. ADJOURNMENT  Amotion was made by Councilmember: Thomas, seconded by Councilmember  Harkness, to adjourn the meeting at 8:20pm.  Voting for: Motion carried.  Council members Harkness, Thomas, Doss, Graeder, and Holloway  Approved this. 9 day of Ayhak 2024. a  ATTEST:  414  Teresa Lynn  b  10