Duluth MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA MARCH 10, 2025 PRESENT: Mayor Whitlock, Council members Harkness, Thomas, Doss, and Graeder. City Manager, Asst. City Managers, Department Directors, City Attorney ABSENT: Councilmember 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. I. EXECUTIVE SESSION It was necessary to hold an executive session on 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). A motion was made by Councilmember Thomas, seconded by Councilmember Graeder, to adjourn to executive session at 5:45 p.m. Voted For: Council members Harkness, Thomas, Doss, and Graeder Motion carried. After the discussion, a motion was made by Councilmember Thomas, seconded by Councilmember Doss, to return to regular session at 6:00 p.m. Voted For: Council members Harkness, Thomas, Doss, and Graeder Motion carried. INVOCATION OR MOMENT OF SILENCE PLEDGE OF ALLEGIANCE Scout Troop 420, Halle and Alana Broxton, present to earn their Merit badge in Citizenship in the Community came forward to lead the Pledge of Allegiance. Minutes of M&C March 10, 2025 Page 2 of 14 II. APPROVAL OF MEETING AGENDA A motion was made by Councilmember Doss, seconded by Councilmember Thomas, to approve the March 10, 2025 Council Agenda as presented. Voted For: Council members Harkness, Thomas, Doss, and Graeder Motion carried. III. APPROVAL OF MINUTES A motion was made by Councilmember Harkess, seconded by Councilmember Graeder, to approve the February 10 and 24 meeting minutes as presented. Voted For: Council members Harkness, Thomas, Doss, and Graeder. Motion carried. IV. ANNOUNCEMENTS Mayor Whitlock welcomed the 2025 LEAD class. Mayor Whitlock recognized Women Leaders serving as elected officials and staff. V. CEREMONIAL MATTER 1. KEY TO THE CITY - HADONG COUNTY, SOUTH KOREA [AI Mayor Whitlock presented a Key to the City to Mayor of Hadong County, South Korea to establish international exchange networks between the two cities. VI. MATTERS FROM CITIZENS lan Keller of 3465 Duluth Highway 120, Apt 5209 Duluth came forward to express his disappointment in what he felt was lack of progress on the city's comprehensive housing study that was promoted in the 2024 comprehensive plan. VII. CONSENT AGENDA 1. RESOLUTION = CITY OF ETHICS RECERTIFICATION (B] In order to meet the requirements to remain a certified "City of Ethics, approval of this resolution R2025-07 continues the process of being certified through the 2 Minutes of M&C March 10, 2025 Page 3 of 14 Georgia Municipal Association. Every five years cities are required to adopt a resolution of recertification, which applies to elected officials, board members and employees of the City. Some of the requirements to remain as certified are as follows: to serve others, not ourselves, use resources with efficiency and economy, treat all people fairly, use power of positions for wellbeing of constituents, and create an environment of honesty, openness, and integrity." 2. ORDINANCE TO APPOINT ALCOHOL REVIEW BOARD [CI Pursuant to Section 3-115 of the Duluth Code of Ordinances, approval of this item approves ordinance 02025-12 to reappoint William Corley, Richard Hill and Bethany Marcinik to the Alcohol Beverage Review Board with terms ending March 31, 2029. 3. ORDINANCE TO APPOINT EMPLOYEE BENEFIT/AUDIT REVIEW (DI Pursuant to Section 2-96 Approval of this item approves ordinance 02025-14 to reappoint Margaret Middleton to the EBARC board with term ending March 31, 2029. 4. ORDINANCE TO APPOINT ETHICS BOARD fE! Pursuant to Section 2-226 of the Duluth Code of Ordinances, approval of this item approves ordinance 02025-13 to appoint Marlene Tucker to the Ethics Board with term ending March 31, 2029. 5. ORDINANCE TO APPOINT MUNICIPAL COURTJUDGES [FI The Duluth City Charter provides for the appointment of the municipal court judges, by ordinance. State law mandates that appointed municipal court judges be appointed for a term of not less than two years. OCGA 36-32-2. Such term is to be memorialized by agreement, ordinance, or a charter provision. Accordingly, the approval of this item approves ordinance 02025-15 to reappoint municipal court judges until March 31, 2027. 6. ORDINANCE TO APPOINT PARKS & REC BOARD MEMBERS [GI Pursuant to Section 2-87 of the Duluth Code of Ordinances, approval of this item approves ordinance 02025-16 to appoint Jane Yang and Kim Kelkenberg (Alternate) to the Parks & Recreation Board with terms ending March 31, 2029. 7. ORDINANCE TO APPOINT PLANNING COMMISSION [HI Per 1302.01 ofthe Unified Development Code, approval of this item approves ordinance 02025-17 to appoint Greg Stewart to the Planning with term ending March 31, 2029. Minutes of M&C March 10, 2025 Page 4 of 14 8. ORDINANCE TO APPOINT URBAN REDEVELOPMENT AGENCY [3 Pursuant to Georgia Code 36-61-18, approval of this item approves ordinance 02025-21 to reappoint Brandon Odum to the URA with term ending March 31, 2029. 9. ORDINANCE TO APPOINT VETERAN'S MARKER COMMITTEE Jj Pursuant to Section 2-289 of the Duluth Code of Ordinances, approval of this item approves ordinance 02025-18 to Appoint Alana Moss as the Planning Commission Chairperson to serve on the Veteran Marker Committee until 2026 (due to term limits on the Planning Commission) and reappoint Catherine Ramadei and Michael Ashley until March 31, 2029. 10. ORDINANCE TO APPOINT ZONING BOARD OF APPEALS [KI Per 1303.01 of the Unified Development Code, approval of this item approves ordinance 02025-19 to appoint Joe Nunes and Shafayat Ahmed and to reappoint Catherine Stringer and Niti Gajjar to the Zoning Board of Appeals with terms ending March 31, 2029. 11.5 SOLID WASTE CONTRACT RENEWAL - REPUBLIC SERVICES fLI Approval of this item approves the first amendment to the Municipal Material Management Agreement replacing Exhibit "C" = Pricing, acknowledging a 6% rate increase for solid waste services beginning on May 1, 2025 and extending to May 1, 2026. 12. ORDINANCE TO AMEND BUDGET - $33,604- VEHICLES [MI Approval of this item authorizes ordinance BA-FY25-26 to amend the FY24 budget. The Police Department received an insurance settlement of $33,604.41 from a third party insurance company for a police vehicle involved in an accident in which the other driver was determined to be at fault. Staff is requesting $33,604 be added to Police Vehicles - Consolidated Vehicle Maintenance - Vehicles line item, including associated transfers. 13. 2025 EVENT CALENDAR AUTHORIZATION AND WAIVERS Approval of this item acknowledges that the following events are deemed sponsored or cosponsored by the City of Duluth. Approval of this item also waives food service requirements per Section 26-2-370 of OCGA, which exempts food vendors from having to obtain said permits provided that the event lasts 120 hours or less. Duluth Farmers & Artisan Market Series - Town Green Ist and 3rd Sundays from March - May and September - November (2pm - 5pm) - 4 Minutes of M&C March 10, 2025 Page 5 of 14 Duluth Live Series - Parsons Alley April-October. Live Music in Parsons Alley Every Friday & Saturday (6-9pm) March Events 29 - GWB Presents: Little Beer (pm-5pm) - Town Green April Events 4 - Peachtree Ridge Band Concert (5:30-7:30) 5:30 Main Stage with the full orchestra and 7pm in Parsons Alley:Jazz Band. 24- Duluth Cluster Band Concert and STEAM Night (5pm-7pm) Town Green. 5- 6pm STEAM displays; 6pm: Duluth Cluster Band on the Main Stage (26 - Rogers Bridge Community Event) - Date to be confirmed after completion of warrantee bridge repairs Flavors on Main: Main Street Wednesdays, May 28 1 September 17 6pm-9pm) Parsons Thursday Nights Out: Parsons Alley May 29 - September 18 (6pm-9pm) Rock the Block: Live & Loud Fridays: Town Green May 30 - September 19 (6pm = 9pm) May Events 2&3: - Duluth Chalk Art Festival (Friday 6pm-9pm; Saturday 10am-10pm) Downtown Duluth 3 - Duluth Derby Day (2:30-7:30) Town Green 17 - Duluth Spring Arts Festival (10am - 5pm) Town Green 18 - Duluth Spring Arts Festival (lam-5pm) Town Green 30 - Lantern Parade (5pm - 9pm: Parade Begins at 9pm) Town Green - Art Month: Variety of subsidized art classes and activities hosted in the Duluth Festival Center. Ticketing opens in April June Events 21 - Rotary Club Car Show (10am-2pm): Downtown Duluth 21 - GWB Presents: Mighty Fine West Coast IPA Fest (pm-5pm): Town Green July Event 12 - Summer Stage Concert (6pm - 10pm): Town Green August Events 8 - Multicultural Night (6pm - 9pm): Downtown Duluth 30 - Viva Las Duluth (6pm - 10pm): Downtown Duluth 5 Minutes of M&C March 10, 2025 Page 6 of 14 September Events 13 - GWB Presents: Les Bon (Ipm - 5pm): Parsons Alley 13 - Dogtoberfest: (5-9pm): Town Green 20 - Duluth Fall Festival Concert (6pm-10pm) Town Green 27 & 28 - Duluth Fall Festival: Downtown Duluth October Events 4- S'mores N Snores (Saturday 4pm - Sunday 10am): Rogers Bridge Park. Registration Opens September 13 1-H Haunted Duluth Tours 5pm-10pm): Downtown Duluth (*18 - S'mores 'N Snores (Saturday 4pm - Sunday 10am) 2nd date to be confirmed based on ticket sales and staffing. Will not be on City Calendar) 24 - Howl on the Green (6pm-9pm): Downtown Duluth December Events 6 - Deck the Hall (2-7pm): Downtown Duluth Frosty Fun Seasonal Activities on Town Green during Thanksgiving and Winter Breaks. Night at Red Clay: 3 Concert Dates to be Announced A motion was made by Councilmember Thomas, seconded by Councilmember Doss, to approve the Consent Agenda as presented. Voted For: Council members Harkness, Thomas, Doss, and Graeder Motion carried. VIII. PUBLIC HEARINGS 1. ORDINANCE OF SPECIAL USE - CASE SU2024-007 - OUTDOOR STORAGE Mayor Whitlock opened the public hearing to consider an ordinance to allow a special use approval to allow "Construction Contractors, Builders and Developers, with outdoor storage" use in the HC-A (Highway Commercial - Auto District) on parcel R6265 247 located at 3570-B Buford Highway, Suite 101 for Case SU2024- 007. This case was originally heard and tabled at the February 10, 2025 Council meeting. Community Deveopmenvengnering Director Margie Pozin came forward to present. She explained that owner Lee Merritt and applicant Gricelda Arizmendi are requesting a special use permit for suite 101 of the property located at 3570-B Buford Highway. This property is zoned HC-A (Highway Commercial - Auto District), which does not allow for outdoor storage. The owner and applicant wish for the property to include a special use permit allowing for outdoor storage, in this case specific to the parking of construction equipment. 6 Minutes of M&C March 10, 2025 Page 7 of 14 The subject property totals a little over five and a half acres in the Buford Highway South corridor Character Area, which currently serves automotive and home repair needs for the community. The future land use map does envision this area to be commercial, retail and office. Staff's original findings indicated that the use would be compatible in this location as the applicant had already been operating this use since June of 2024 without complaints from the neighbors. After discovery by the city's Code/License compliance division, staff has been attempting to bring them into compliance. Ms. Pozin explained that, through discussions with the property owner, it's been clear that they're not in agreement with the conditions that staff had recommended. Ms. Arizmendi wishes to allow the proposed use without boundaries on the time of day that construction vehicle noise may be generated, and they're either not willing or not able to suitably stripe the area for controlled parking, which was a condition that they had earlier agreed to. She said they had also indicated a desire to expand the use up to a fenced area, that is greater in proportion to the back of the building than just the one suite to which this application applies, going all the way to the property line with no additional buffer. She outlined the original conditions as previously proposed and reminded Council that, at the last hearing, council had specifically asked the applicant and the owner to mitigate the citizen concerns. The Planning Commission recommended approval with conditions at their January 6, 2025 hearing. Mayor and Council tabled this case at their February 10, 2025 meeting with a request that the applicant address citizen concerns. The applicant has responded offering less in the way of conditions than they originally indicated they would accommodate. Staff is recommending denial. Ordinance is attached for reference in the event Council votes to approve the request. Mayor Whitlock called for discussion from Council. Councilmember Thomas noted there would be no way under to have controlled parking with the current conditions and without agreeing to any modifications. Councilmember Harkness felt that with the diesel engines SO close to the residential, sound would be an issue if they were not agreeing to put a time limit on it. Councilmember Graeder noted that the area is a pervious surface; construction vehicles usually leak a little bit oil and hydraulic oil which isn't environmentally suitable. Mayor Whitlock called the applicant forward. Applicant Vianney Garcia of 5207 Duncan Creek Road, Buford and property manager Caleb Merritt of 3947 Granger Drive, Chamblee came forward. 7 Minutes of M&C March 10, 2025 Page 8 of 14 Councilmember Doss asked if they planned to park vehicles for the business or storing construction vehicles there for other people. Ms. Carcia responded it is storage for their own vehicles. Councilmember Graeder asked if they had intentions to pave the space. Mr. Merritt responded no and said that heavy equipment would tear it up as well as wear away any striping. It's also under power lines and therefore nothing else could really locate there. He would not anticipate the noise being different from what is already produced by the other auto uses and clarified that the fencing is already there. Mayor Whitlock called for questions/comments from the public. Andrew Barron of 3207 Ivy Station Way, Duluth came forward to ask if the ordinance specified the definition of a vehicle and differentiate between personal vehicles versus industrial, commercial equipment. Ms. Pozin confirmed that it did. There being no further comments or questions, Mayor Whitlock closed the public hearing and called for a motion. A motion was made by Councilmember Thomas, seconded by Councimember Harkness, to deny ordinance 02025-08 for Case Number SU2024-007. Voted For: Council members Harkness, Thomas, Doss, and Graeder Motion carried. 2. ORDINANCE OF REZONING - CASE Z2024-005 - R6264 496 & R 6264 037 [NI Mayor Whitlock opened the public hearing to consider an ordinance to rezone Parcels R6264 496 and R 6264 037 located at 3282 Davenport Road for Case Z2024-005. Applicant 4RNJ3, LLC on behalf of the owner, Estate of Nelly Kate Beck, are requesting the rezoning of 3282 Davenport Road from R-100 to Planned Unit Development "PUD"to allow for a single family detached residential subdivision. Community Development/Engineering Director Margie Pozin came forward to present. She described the existing conditions, surrounding properties, the zoning district and Character Area. She described the site plan and outlined the walking trail that would connect to Hall Circle via a construction easement on the city's property and showed the proposed elevations. Minutes of M&C March 10, 2025 Page 9 of 14 Ms. Pozin further noted that this project is in-line with the Comprehensive Plan and the Future Land Use Map (FLUM) with a density of 3.67 units per acre (compared to R-100, which is 3 units per acre) and gives connectivity to downtown and to Hall Circle. She noted that all the conditions are listed in the staff report, but highlighted a few, noting that the roads are private, the drainage is private. Anything contained within the development is private. The residential development will have a maximum number of rentals is two homes. Only one can be leased early on, and the other one to be rented has to wait. All utilities have to be nidden from the viewshed from the street. Additional conditions apply, that there are 29 single-family detached dwellings with a minimum heated floor area of no less than 2,400 square feet. They also address architecture of what can and cannot be used and where, with all homes having two-car garages, decorative treatments, porches, stoops, and awnings. Everything has to come through the Community Development department for review and approval before they can actually implement it. Ms. Pozin also touched on driveway requirements, roof equipment screening, outdoor lighting, decorative stamped concrete, buffer and landscape plans, and appropriate street trees for each unit. She referenced the 10-foot wide ADA- compliant concrete paved walking trail, requirement to install the lighting in the conduit for the totality of the trail and discussed the stormwater management area. The Planning Commission recommended approval with conditions at their February 3, 2025 hearing. Staff is also recommending approval with conditions. Mayor Whitlock called for discussion from Council. Councilmember Harkness asked if there are sidewalks and any other amenities other than open space. Ms. Pozin confirmed sidewalks on both sides. Councilmember Harkness asked about inclusion of guest parking, requiring a lit monument sign and if there was a gate. Ms. Pozin and said they will submit a master lighting plan and a master signage plan; ifit is required by code, then that will be implemented. She said it doesn't have to be gated to be private. Mayor Whitlock to called the applicant forward. Mr. Andrew Perry of 115 Major Court, Roswell came forward. He responded that there are five feet sidewalks and two foot beauty strips, SO the fronts of the homes will be minimum 27 feet back from the curb and leaves four additional spots in the length of the driveway. Minutes of M&C March 10, 2025 Page 10 of 14 Councilmember Thomas asked if there is a certain point when they turn over the property over to the HOA and to be sure the properties will be owned by individuals, not corporations. Mr. Perry said yes, the turnover happens typically three to six months after the last unit is sold or until recertifications are complete on the ponds and they will be selling these homes for owner-occupied units. He also confirmed that there is no gate planned. Councilmember Graeder asked about mailboxes. Mr. Perry said the USPS is requiring a cluster mailbox area, but the spot hasn't been designated yet. Mayor Whitlock asked about relation to the street numbers on really tall iron posts with that look odd, and whether it was beneficial to the community to sell the home that the roads be private. Mr. Perry responded no, they are not required to use the tall posts, but they do have to get a minimum of a four-inch number addressed somewhere easily identifiable for at least one county code, and that they have not noticed a difference in terms of the resales for public VS. private. Councilmember Graeder expressed positive feedback for the trail but was only concerned about parking with these fairly big homes. Mr. Perry ensured that they would post adequate signage. The Mayor called for questions/comments from the public. Mr. lan Kellett of 3465 Duluth Highway 120, #5209, Duluth came forward to note an error in the parcel numbers mentioned for the rezoning case and wanted to ensure correction. City Manager James Riker clarified to Council that the updated ordinance has the correct details. There being no further comments or questions, Mayor Whitlock closed the public hearing and called for a motion. A motion was made by Councilmember Thomas, seconded by Councilmember Doss, to approve ordinance 02025-20 for Case Z2024-005 as presented. Voted For: Council members Harkness, Thomas, Doss and Graeder. Motion carried. 10 Minutes of M&C March 10, 2025 Page 11 of 14 IX. NEW BUSINESS 1. AWARD OF BID - SR 120 FLASHING BEACON CROSSWALK UPGRADE [O! As approved by Mayor & Council, in an effort to slow vehicular traffic on SR 120 at the Rectangular Rapid Flashing Beacon (RRFB), staff has coordinated with Georgia Dept. of Transportation for the design and construction of a raised pedestrian crossing, which essentially doubles as a speed table. Bids were received as follows: IP Construction $99,275.00 Tri-scapes $95,678.45 Ryals Brothers, LLC- $70,005.00 Staff is recommending approval of a bid award to Ryals Brothers, LLC with a contract price of $70,005. Work can be completed within 60 days of Notice to Proceed, barring any unforeseen circumstances or weather delays. The plans were provided to us by Georgia DOT and the work will be completed in approximately 60 days. Staff requested approval of the contract, which has been reviewed by the City's attorney and signed by the contractor. A budget amendment would also be required. A motion was made by Councilmember Harkness, seconded by Councilmember Graeder, to approve, awarding the bid to Ryals Brothers, LLC, in an amount not to exceed $70,005 as presented and further authorize the City Manager to execute the contract. Voted For: Council members Harkness, Thomas, Doss and Graeder. Motion carried. X. MATTERS FROM DEPT HEADS/CITY ATTORNEY 1. ORDINANCE TO AMEND BUDGET - $98,005 - SR 120 CROSSWALK (P! Upon bid award for the SR 120 Rectangular Rapid Flashing Beacon (RRFB) crosswalk upgrade, a budget amendment would be required as follows: $70,005 for Ryals Brothers, LLC (contractor) $14,000 in construction contingency (20%) $ 7,000 in materials testing and observation $ 7,000 in construction administration and engineer time $98,005 total request 11 Minutes of M&C March 10, 2025 Page 12 of 14 This project was approved to be paid for 100% with LMIG 2024 and supplemental LMIG funds received from Georgia DOT. No local match is required. Staffis requesting approval of a budget amendment BA-FY25-27 to add $98,005 in LMIG and LMIG supplemental funds to SR 120 Pedestrian Crossing - Sidewalk/Crosswalk - Infrastructure line item, including associated transfers. A motion was made by Councilmember Doss, seconded by Councilmember Thomas, to approve ordinance BA-FY25-27 as presented. Voted For: Council members Harkness, Thomas, Doss and Graeder. Motion carried. 2. ORD TO AMEND BUDGET - ATHLETIC FIELD LIGHTING UPGRADE [QI Mayor and Council to consider a request from Parks and Recreation to upgrade the current Musco athletic field lighting system at Bunten Road Park to greatly improve the functionality and efficiency of the lighting system, ensuring that our facilities remain top-notch for all users. The new system will allow our staff to control the athletic field lighting remotely, providing greater flexibility in managing lighting needs based on seasonal use and specific scheduling requirements. With this upgrade, staff can easily program the lights to switch on and off according to game schedules, practices, and community events. This is not only a convenience but also contributes to energy efficiency, as lighting can be optimized based on actual usage. Furthermore, the upgrade includes advanced features that will allow for proactive management of maintenance issues. The new computer system is cellular based, enabling staff to monitor the lighting system 24/7. This capability means that any issues can be detected and addressed promptly, reducing downtime and ensuring that the fields remain safe and well-lit for all activities. Instead of waiting for a problem to be reported, our staff can take immediate action upon detecting any rregularities, which is crucial for maintaining the quality of our athletic facilities. Park's staff has received a quote of $30,000 from Musco Sports Lighting, LLC to upgrade the athletic field lighting. The agreement includes the necessary equipment, installation and comes with a 10 year parts and labor warranty on all equipment. Funding for the upgrade will come for the 2023 SPLOST unallocated Recreation acilities funds. Staff is requesting approval of a budget amendment BA-FY25-28 to add $30,000 in unallocated 2023 SPLOST Recreation Facilities funds to PK-35 Bunten Road Park - Sport Facilities - Site mprovements line item, including associated transfers. 12 Minutes of M&C March 10, 2025 Page 13 of 14 Councilmember Thomas wanted to ensure that access to the programming would be secure. A motion was made by Councilmember Harkness, seconded by Councilmember Thomas, to approve ordinance BA-FY25-28 as presented. Voted For: Council members Harkness, Thomas, Doss, and Graeder. Motion carried. XI. MATTERS FROM MAYOR & COUNCIL Councilmember Harkness thanked the scouts and LEAD class for their attendance. Councilmember Graeder appreciated the change in scheduling for the Farmer's Market. Mayor Whitlock mentioned the excellence of the Duluth High School Theater production, and mentioned receiving grant money from Explore Gwinnett for the DPAC/Stormwater storm drain paintings. 2025 Engineering Excellence honor award presented to Pond and Company for the City of Duluth Davenport Road extension and Quiet Zone RR crossing. XII. MATTERS FROM CITY MANAGER City Manager James Riker elaborated on the congratulations for the Davenport/RR extension and thanked Director Margie Pozin for her years of hard work in accomplishing the Quiet Zone, which is only the 13th in the state. XIII. ADJOURNMENT A motion was made by Councilmember Thomas, seconded by Councilmember Graeder, to adjourn at 7:25 pm. Voted For: Council members Harkness, Thomas, Doss, and Graeder. Motion carried. 13 Minutes of M&C March 10, 2025 Page 14 of 14 Approved this 14 day of Apr). 2025. - - 1/ hf Maygf Greg Whitlock ATTEST: / a &6 Asst/ City Mgr./City Clerk, Teresa Lynn 14