Duluth MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA FEBRUARY 10, 2025 PRESENT: Mayor Whitlock, Councilmembers Harkness, Thomas, Graeder, and Holloway, City Manager, Asst. City Managers, Department Directors, City Attorney ABSENT: Councilmember Doss 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 5:50pm. and called for a motion to enter into an Executive Session for the purpose of discussing pending/potential litigation, personnel and or real estate matters. I. EXECUTIVE SESSION A motion was made by Councilmember Harkness, seconded by Councilmember Holloway, to adjourn to executive session at 5:50 p.m. Voted for: Councilmembers Harkness, Thomas, Graeder, and Holloway Motion carried. After the discussion, a motion was made by Councilmember Thomas, seconded by Councilmember Graeder, to return to regular session at 5:56 p.m. Voted for: Councilmembers Harkness, Thomas, Graeder, and Holloway Motion carried. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE Minutes of the M&C February 10, 2025 Page 2 of 13 II. APPROVAL OF MEETING AGENDA A motion was made by Councilmember Harkness, seconded by Councilmember Holloway, to approve the February 10, 2025 Council agenda as presented. Voted For: Council members Harkness, Thomas, Graeder, and Holloway Motion carried. III. APPROVAL OF MINUTES A motion was made by Councilmember Holloway, seconded by Councimember Graeder, to approve the January 13 and 27, 2025 meeting minutes as presented. Voted For: Council members Harkness, Thomas, Graeder, and Holloway Motion carried. IV. ANNOUNCEMENIS 1. UPCOMING EVENTS - www.duluthga.net/events Check the City of Duluth website calendar for February/March meetings. Community events resume in the spring. V. MATTERS FROM CITIZENS Mark Rood of 3730 Oak Street, Duluth questioned item 3 under the Consent Agenda, Budget amendment/transter of $5,318,306 from the General fund to the Water- Sewer improvements project. Mayor Whitlock directed the City Manager to contact Mr. Rood and provide a detailed explanation. VI. CONSENT AGENDA 1. APPROVAL OF CONTRACT/AMEND FY25 BUDGET [A,B) Approval of this item authorizes the City Manager to execute a contract for the painting of six (6) storm drains located on George Rogers Ave. Additionally, staff is requesting approval of a budget amendment BA-FY25-20 to add $7,500 of prior year reserves to Public Art Fund-Spectator Recreation-Technical Services line item for this project. 2 Minutes of the M&C February 10, 2025 Page 3 of 13 2. ORD TO AMEND BUDGET - $41,540 - SIGNAGE & ACCESS CONTROL [CI At the January work session, staff discussed repurposing several decorative road signs that had been placed in storage and installing them at various park locations. A quote of $41, 540 was received by Image Manufacturing Group (IMG) to sand, repaint, regraph, and install the signs. Approval of this item authorizes ordinance BA-FY25-23 to add $41, 540 in unallocated 2023 SPLOST Recreation Facilities funds to Park mprovements - Park Areas - Signage - Signs/Banners line item, including associated transfers. 3. ORD TO AMEND BUDGET -$5,318,306 - WATER SEWER MPROVEMENT [D) Under the rules governing the federal funds received through the American Rescue Plan Act 2021, the City claimed replacement revenue (loss revenue) of $10 million. Replacement revenue funds are allowed to be spent on general government services including any service traditionally provided by government including covering salaries of public safety personnel. This resulted in $5,318,305.58 in replacement revenue being transferred to the General Fund to cover the salaries of police uniform officers. If necessary for the project, Council intended to allow the transfer of these funds from the General Fund to the Water Sewer Improvement project for the Pine Crest and Hill Communities. Approval of this item authorizes ordinance BA-FY25-25 to transter $5,318,306 from the General Fund - Other Financing Sources - Transfer to Water/Sewer line item to the Water/Sewer Improvements - New Sewer Services Transfer from General Fund line item. 4. ORDINANCE TO AMEND BUDGET -$2,495 -SCOTT HUDGENS PK [EI Staff received a proposal from Net Planner for $12,043.41 to add access control to the restroom buildings at Scott Hudgens Park. A purchase order needs to be issued before the work can begin. The remaining project funds of $9,551 are available, therefore it is requested that $2,495 in unallocated 2017 SPLOST Recreation Facility funds be added to the project for work to proceed. Approval of this item authorizes ordinance BA-FY25-24 to add $2,495 in 2017 SPLOST Recreation Facilities funds to S. Hudgens Park - Park Areas - Buildings, including associated transfers. A motion was made by Councilmember Thomas, seconded by Councilmember Holloway to approve the Consent Agenda as presented. Voted For: Council members Harkness, Thomas, Graeder, and Holloway Motion carried. 3 Minutes of the M&C February 10, 2025 Page 4 of 13 VII. PUBLIC HEARINGS The mayor noted the procedures for conducting public hearings as follows: Staff will come forward to summarize the project that's under consideration. The Mayor will call for discussions from council members for clarifications and general questions. The Mayor will call forward the applicant for comments. The Mayor will call for comments from the public related to the project. Speakers will direct their comments to the mayor and council and be made in an orderly manner. Speakers will be asked to come to the podium and state their name and address for the record. Speakers in favor of the project will have a total of 70 minutes to speak and the speakers in opposition will have a total of10 minutes to speak. Once the public hearing is closed, no further comments will be heard. 1. ORD OF SPECIAL USE- CASE SU2024-007 - OUTDOOR STORAGE Mayor Whitlock opened the public hearing for case SU2024-007. Margie Pozin, Director of Community Development & Engineering, came forward to present. Owner Lee Merritt and applicant Gricelda Arizmendi requested a special use permit for suite 101 of the property ocated at 3570-B Buford Highway (R265 247). This property is zoned HC-A (Highway Commercial - Auto District), which does not allow for outdoor storage. The total property consists of five three-quarter acres, but the special use is just for suite 101. The owner and applicant wish for the property to include a special use permit allowing for outdoor storage, in this case, specifically, to the parking of construction equipment. The proposed use is compatible with the surrounding auto and industrial uses that are already occurring throughout the area. The property abuts an RM zoned, residential multifamily property, but it is well buffered with an evergreen hedge and staff is recommending approval with the following conditions. General conditions in this case include obtaining an occupational tax certificate within three months and if the use changes, the special use is terminated. Ifthe property is abandoned for 90 days, the special use is terminated, or if it's extended in any way, the special use is terminated. Signage and lighting must still be submitted to the Planning Department for approval should any additions is required. The property has to be in a good state of good repair at all times, and code compliance staff will be back there to make sure of that. 4 Minutes of the M&C February 10, 2025 Page 5 of 13 This is a privilege, not a right and all of the outdoor storage will be limited to construction vehicles in striped parking spaces only. The Planning Commission recommended approval with conditions at their January 6, 2025, hearing. Staff recommends approval with conditions. Mayor Whitlock called for discussion from Council. Councilmember Harkness asked if the special use permit stay with the property if the property changes hands, and what the intended storage is. Ms. Pozin confirmed that it does stay with the property and if during the time of transition from one owner to another, if the use is abandoned for 90 days, the special use does terminate. The storage is for construction vehicles that will be on a striped parking lot and not stored inside the storage facility. Councilmember Graeder asked how to define what belongs to the suite, or how is the parking handled. It was confirmed that this will not affect the parking already striped for customers. Councilmember Harkness asked if the property abuts a neighborhood and if it could be considered a nuisance. Ms. Pozin responded that it does, but there is a well-established buffer. Councilmember Graeder asked what kind of business is operating there. Mayor Whitlock called forward the applicant. Vianney Garcia of 5207 Duncan Creek Road, Buford came forward to address questions from council relating to the use of property and possible impact on other businesses. Councilmember Harkness asked if there could be conditions placed with the approval that limit the hours of the day that heavy equipment could be operated SO as not to intrude on nearby neighbors. City Attorney Stephen Pereira noted his preference not to add a condition during a motion without discussion with staff and the applicant to ensure there are no unintended consequences. Owner Warren Barrett, 296 Forrest Lake Road of Lawrenceville came forward. The parcel of property that is being discussed is for storage of heavy equipment such as bobcats, small dump trucks, trailers, etc. The storage area outside the building is located under Georgia Power's high-voltage power lines. The equipment will not be serviced on the site. He discussed the parking challenges and noted the striping would not hold up. Most of the other adjacent uses are auto repair. 5 Minutes of the M&C February 10, 2025 Page 6 of 13 Mr. Barrett already said that the property use was there before the townhomes were annexed into the city. There have not been any complaints regarding noise or anything that he is aware of. He also felt that the SUP shouldn't be limited to one suite due to the nature of the other businesses. Mayor Whitlock called for questions/comments from the public. Ann-Marie Noyman of 4077 Howell Park Road, Duluth came forward to speak in opposition, due to concern with the noise being disruptive to the adjoining residents. There being no further comments or questions, Mayor Whitlock closed the public hearing and called for a motion. A motion was made by Councilmember Holloway, seconded by Council member Harkness to postpone ordinance 02025-08 for case number SU2024- 007 to allow a special use permit for outdoor storage with conditions until the next meeting with the Mayor and Council. Voted For: Council members Harkness, Thomas, Graeder, and Holloway Motion carried. 2. ORDINANCE OF SPECIAL USE -CASE SU2024-008 - SHORT TERM RENTAL [FI Mayor Whitlock opened the public hearing for Case number SU2024-008 and called forward Margie Pozin, Director of Community Development and Engineering to present. The owners/applicants Richard and Misti Billing are requesting a special use permit for 3873 Howell Ferry Rd. (R6295 007) to allow for short-term rentals. This property is approximately 46 acres and zoned R-100 (Single Family - Residential District), which does not allow for short-term rentals without a special use permit. The owner's wish is for the property to include a special use permit allowing for short-term rentals in their in-law suite. The applicants reside in the home full-time and have stated they will maintain a homestead exemption. The subject property is located in the Chattahoochee Residential District. FORWARDuluth envisions this Character Area to serve as the City's premier residential district for large lot, executive style homes. The applicants reside in the home full-time and have stated they will maintain a homestead exemption. Code Enforcement found the short-term listing on Airbnb's website. This was not complaint driven. Staff has not received any calls regarding this property. Ms. Pozin outlined all the conditions and pointed out that having a special use will not allow the owners to deviate from any of the standards in the Unified Development Code. 6 Minutes of the M&C February 10, 2025 Page 7 of1 13 The Planning Commission recommended approval with conditions at their January 6, 2025 hearing. Staff is also recommending approval with conditions. Mayor Whitlock called for discussion from Council. Councilmember Thomas asked how long it has been operating. The Mayor called the applicant forward to respond. Rich and Misty Billing of 3873 Howell Ferry Road, Duluth came forward to address questions/conçerns from the Mayor and Council. He described the site and amenities and said they have been renting since last June with no issues or complaints. Mayor called for questions/comments from the public. Ann-Marie Noyman of 4077 Howell Park Road came forward representing several people in the audience. Ms. Noyman voiced concerns about allowing short-term rentals. She voiced her concerns about the increase in parking, crime, and being disruptive to the dynamic ofthe neighborhood. Ms. Nyoman requested the Council to consider not allowing short-term rentals in residential neighborhoods and offered her service in assisting the applicants to find longer term residents to rent. Mary Ledin of 4053 Howell Ferry Road, Duluth came forward to speak in opposition to the proposal. Mayor Whitlock noted that the Council received an e-mail from Elaine Serrano and Stephanie Howell of 3873 Howell Ferry Road who voiced support for the proposal. Councimember Thomas noted the requirements for a special use permit and explained that requests go through several city boards to determine the appropriateness of the request. Council has the responsibility of ensuring protection of the homeowner's rights as well as the community. She feels that the homestead exemption condition generally assures that safety is a top priority for the renters as well and minimizes the risk. Limiting the number of people renting is also a component to limiting any disruptions. Councilmember Harkness questioned if there was a difference oetween the location of attached space VS. a basement area rental. Ms. Pozin confirmed there was no difference. Mayor Whitlock closed the public hearing and called for a motion. 7 Minutes of the M&C February 10, 2025 Page 8 of 13 A motion was made by Councilmember Thomas, seconded by Council member Graeder to approve ordinance 02025-09 for case number SU2024-008 to allow short-term rentals with conditions as presented. Voted For: Council members Thomas, Graeder and Holloway Voted Against: Councilmember Harkness Motion carried. 3. ORDINANCE OF TEXT AMENDMENT-CASE TA2025-01 [G! Mayor Whitlock opened the public hearing for Case TA2025-01 and called forward Margie Pozin, Director of Community Development & Engineering, to present. The City of Duluth is the applicant and recommends two text amendments to the current Unified Development Code to allow for more consistency in special uses. Ms. Pozin said In June of 2024 Planning Commission recommended approval and Mayor and Council approved changes to Table 2-C under "Other Transient Lodging", which refers to short-term rental of a unit not exceed 30 days. During that change, staff overlooked R-TH (Residential Townhouse District). Staff is recommending there be a request for a special use for "Other Transient Lodging" in R-TH Residential Townhouse District). Staff is also recommending that Community Food and Housing, and Emergency and Other Relief Services" be amended from being allowed by-right (A) in O-I Ofice-institutional District) to being allowed by special use (S) in O-I (Office- Institutional District). The Planning Commission recommended approval of both text amendments at their February 3, 2025 hearing. Staff is also recommending approval. Mayor Whitlock called for discussion from Council. Being none, the Mayor called for questions/comments from the public. Hearing none, the Mayor closed the public hearing and called for a motion. A motion was made by Council member Harkness, seconded by Council member Thomas to approve ordinance 02025-10 for case number TA2025-01 to allow text amendments in the UDC as presented. Voted For: Councimembers Harkness, Thomas, Graeder and Holloway Motion carried. 4. ORDINANCE OF REZONING-CASE Z2024-004 - 3407 DULUTH HWY [H) Mayor Whitlock opened the public hearing for Case Z2024-004 and called forward Margie Pozin, Director of Community Development & Engineering, to present the request to rezone parcel R6293 118 located at 3407 Duluth Hwy. 8 Minutes of the M&C February 10, 2025 Page 9 of 13 Ms. Pozin said the Owner/Applicant ANM Homes, LLC is requesting rezoning of property located on the West corner of Northwestern most intersection of Duluth Highway (SR 120) and Hall Circle. The property is currently split- zoned with half existing as RM (Residential Multi-Family District) and half existing as C-1 Neighborhood Business District). The owner/applicant wishes to rezone the property to RM to allow for the development of a 17-unit townhome community. Ms. Pozin described the adjacent properties. The subject property has what appears to be a single-family home on the C-1 Neighborhood Commercial District) portion of the parcel. Some terations of the building have been in the same location since 1955. It appears to have been used as an office since before 2008. The RM (Residential Multi-family District) portion of the parcel has been vacant since at least 1978. The subject property is in the Core Neighborhood District Character Area. FORWARDuluth envisions this Character Area to be denser, connected neighborhoods, easily accessible to Downtown through a system of trails, sidewalks and road connections while capitalizing on existing traditional street fabric and opportunities for redevelopment and infill. The Future Land Use Map envisions this parcel as high-density. The density is in line with what is allowed by right in the RM zoning. The proposed 17 units over 1.47 acres will be the densest development in the Hall Circle Neighborhood. The Rm Residential Multi-family district) allows for 15 units per acre, which is the densest zoning classification that the city currently has. The applicant is proposing 11.5 units per acre over the 1.47 acres. The density is also consistent with the Future Land Use Map which envisions this parcel as high-density residential. The density of this classification is 12 + units per acre. The applicant is requesting a variance from the Unified Development Code (UDC) for four (4) out of the seventeen (17) townhomes to be front-loaded instead of the required rear-loaded townhomes configuration. This parcel is within the Downtown Overlay District which follows the standards set out in 205.15 CBD Central Business District. This section of the UDC states that townhouses shall be designed to be rear-entry. There is a single-family residence oehind and the act of driving around the back of the home would make more noise for the neighbor and topographically will be better to have front-end loaded garages on these four particular units. A neighborhood meeting was held in November 2024 where many neighbors had the chance to have their concerns addressed. Ms. Pozin outlined the conditions and said that the Planning Commission recommended approval with conditions at their January 6, 2025 hearing, and staff recommended approval as well. Mayor Whitlock called for discussion from Council. 9 Minutes of the M&C February 10, 2025 Page 10 of 13 Councimember Graeder questioned the process of combining the rezoning request with the variance request. Ms. Pozin responded that many times the projects haven't been engineered enough to know that a variance would be required. City Attorney Stephen Pereira agreed in this situation it is acceptable to request rezoning at and consideration of variances on the property at this time. Questions were asked if the variance request was related to the density of the project or more for the noise buffer. Ms. Pozin confirmed that it does not affect the density at all but was more desirable as a buffer as well as the topography oft the property. Council discussed separating the approvals. City Manager James Riker addressed the concerns. He said one ofthe points that's worth considering is that historically we do a lot of planned unit developments where everything is known. Rarely do we do a lot of individual zonings to a specific district and from staff's perspective, they saw this not only from the split zoning but also reliance on the development overlay district that has what is essentially an equivalent of PUD standards, with the exception of this variance that seems to be to the benefit of an adjoining property owner. This is not necessarily an opportunity to dive into architectural requirements; those are essentially covered in the development overlay district. Mayor Whitlock called forward the applicant. Madhava R. Gurram of ANM Homes, LLC, 5974 Respite Ct., Johns Creek came forward. Mr. Gurram expressed his desire to reflect his own vision of developing this land here in Duluth. Mayor Whitlock called for questions/comments from the public. Hearing none, Mayor Whitlock closed the public hearing and called for a motion. A motion was made by Thomas and seconded by Council member Holloway to approve ordinance 02025-11 for case number Z2024-004 to allow rezoning with conditions as presented. Voted For: Councilmembers Harkness, Thomas, Graeder and Holloway. Motion carried. VIII. NEW BUSINESS 1. ORDINANCE TO AMEND BUDGET - $50,000 - FOX ST SIDEWALK [ The sidewalk on the east side of Fox St just before Buford Hwy terminates at the end of the development for the District at Duluth and at the intersection with 10 Minutes of the M&C February 10, 2025 Page 11 of 13 Buford Hwy. In order to allow for safe pedestrian access to downtown, staff would like to connect the sidewalk along Fox St. Staff is requesting $50,000 in unallocated 2023 SPLOST Transportation funds to enter into a contract with Pond & Company to provide design, bid documentation, and project oversight. Staff is requesting approval of a budget amendment BA-FY25-22 to add $50,000 in unallocated 2023 SPLOST Transportation funds to Transportation/Infrastructure Improvements - Paved Streets - Professional Services line item, including associated transfers. A motion was made by Councilmember Graeder seconded by Councilmember Harkness to approve BA-FY25-22 as presented. Voted For: Council members Harkness, Thomas, Graeder and Holloway Motion carried. 2. AWARD OF BID/AMEND FY25 BUDGET - 2516 MAIN ST 3,KI The Mayor and Council considered awarding a contract for the demolition of a trailer at 2516 Main St. After the recent acquisition, annexation, and rezoning of 2516 Main Street, staff requested three bids for the demolition of the existing trailer on site. Bids received: Complete Demolition Services - $21,000 Titan Environmental Services - $12,300 Wrecking Corps of America $9,900 Staff is recommending Wrecking Corps of America. Work can be completed within 30 days of Notice to Proceed, barring any unforeseen circumstances or weather delays. In order to complete the demo, staff is requesting an additional 10% contingency and $600 to cover the City Engineer's time for contracting, oversight, and closeout. Staff is also requesting approval of budget amendment BA-FY25-21 to add $2,300 in unallocated 2023 SPLOST Administrative Facilities funds to Public Works Land Acquisition - General Government Buildings - Land line item, including associated transfers. Being no further discussion, Mayor Whitlock called for a motion. A motion was made by Councilmember Harkness, seconded by Council member Holloway to approve a contract with Wrecking Corps of America not to exceed $11,500 and subsequent BA-FY25-21 as.presented. Voted For: Council members Harkness, Thomas, Graeder and Holloway Motion carried. 11 Minutes of the M&C February 10, 2025 Page 12 of 13 3. RESOLUTION - PINE NEEDLE DR TAP GRANT [LI Georgia DOT and the Atlanta Regional Commission have recently reopened the Transportation Alternatives Program (TAP). Staff has applied previously for grant funding to assist in implementing the Pine Needle Trail from George Rogers Ave/lrvindale Road area to the new cul-de-sac at SR 120. The concepts are relatively unchanged from prior submittals. Applications are due February 28. The required grant match is a minimum of 20%, which in this case is estimated at $1.4M (total project estimated at $7M). The actual dollars are determined at procurement milestones during design, right of way acquisition, and construction phases which will take place approximately 2026 through 2030. The funds would not be required until those milestones are programmed. Staff requested approval of a resolution indicating Council support of the project funding should a grant be awarded. A motion was made by Councilmember Thomas, seconded by Council member Harkness to approve resolution R2025-06 for Pine Needle Trail if awarded TAP funding. Voted For: Councilmembers Harkness, Thomas, Graeder and Holloway Motion carried. IX. MATTERS FROM MAYOR & COUNCIL Student LEAD project going well HOA meeting Thursday 2/13 for downtown neighborhoods and West Lawrenceville St. Recognized Councilmember Thomas for completing hours of training through CVIOG GWMA meeting- presentation from Gwinnett Emergency Management X. ADJOURNMENT A motion was made by Councilmember Graeder, seconded by Thomas to adjourn at 7:22pm Voted For: Councilmembers Harkness, Thomas, Graeder and Holloway Motion carried. 12 Minutes of the M&C February 10, 2025 Page 13 of1 13 Approved this WP day of MAe 2025. byllalt Mayor Gpeg Whitlock ATTEST: > es 8h Asst. gity Mgr./City Clerk, Teresa Lynn 13