Duluth MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA APRIL 14, 2025 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. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE - Jack Cover with Boy Scout Troop 419 I. APPROVAL OF MEETING AGENDA A motion was made by Councilmember Holloway, seconded by Councilmember Doss, to approve the April 14, 2025 Council agenda as presented. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. II. APPROVAL OF MINUTES A motion was made by Councilmember Harkness, seconded by Councilmember Graeder, to approve the March 10 and 24, 2025 meeting minutes as presented. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. III. ANNOUNCEMENTS 1. UPCOMING EVENTS - wwduuinganetevents for details Duluth "Live"- - Fridays 4/18, 4/25, 5/2 & 5/9 and Saturdays 4/19, 4/26. 5/3 and 5/10 Farmer's Market - Sundays 4/20 & 5/4 Minutes of M&C April 14, 2025 Page 2 of 6 Duluth "STEAM" concert Thursday 4/24 "Battle of the Cities" Blood Drive - 5/1 Chalk Art Festival 5/2 & 5/3 Duluth "Derby Day" 5/3 Eddie Owen Presents @ Red Clay - visit wadipaempisenscant IV. CEREMONIAL MATTERS 1. POLICE OFFICER OF THE YEAR Chief Carruth oresented the "Officer of the Year" award to Master Patrol Officer Jacob VanBuren. 2. RECOGNITION FOR SERVICE - PARKS & REC BOARD Parks and Recreation Department Director Kathy Marelle recognized David Jones for his 14 years of service on the Parks and Recreation Advisory Board. Mr. jones was born and raised in Duluth. He is from a long line of family members that have contributed to the success of Duluth. He began his support of Bunten Road Park in 1998 after making history in hitting one of only two home runs during the inaugural season of senior boys' baseball. Mr. Jones served 14 years on the Parks and Recreation Advisory Board and served as Chairman for several years during his tenure. His leadership has been crucial in utilizing and guiding the SPLOST funding for many successful park projects - Rogers Bridge Park, the Bridge at Rogers Bridge Park, baseball fields to soccer fields, and soon to be the Bunten Trail Project. His support of Taylor Park renovations, recommendations for W.P. Jones Park along with recreational programming of Youth Basketball, Senior Activities, tennis to pickleball and summer activities for all ages has contributed to the orofessional standards for service to the community. V. MATTERS FROM CITIZENS Maximum of five (5) minutes per person. Sign-up sheet available. 1. STAGE 3 NOISE COMPLAINTS Matthew Garber and Andres Belis representing Stage 3 Fitness Center located on 2456 Main Street, Northwest, Duluth. Mr. Belis addressed recent concerns about the noise complaints primarily due to the Top Cycle spin classes and noted what they are doing to mitigate the sound. Mr. Garder also said they were being held to a very ambiguous standard of not creating noise that is loud, unnecessary and excessive.' 2 Minutes of M&C April 14, 2025 Page 3 of 6 2. ALCOHOL ORDINANCE CONCERNS Laura Vladick, 3251 Heritage Walk Lane, Duluth came forward and spoke on the complexity of the City's Alcohol ordinance and state laws which deal with the serving of alcohol at nonprofits / fundraising events. She noted that other organizations are having trouble with the complexity of the processes and suggested that the city meet with them to offer further clarification. Ms. Vladick also pointed out the state website hasn't been updated with current information which also adds to the confusion. VI. CONSENT AGENDA 1. APPROVAL OF IGA - ELECTION EQUIPMENT [AI Approval of this item authorizes the Mayor or City Manager to execute an intergovernmental agreement between the City of Duluth and Gwinnett County for the use of their election equipment for the 2025 municipal general election. 2. ORDINANCE TO AMEND CODE - CHAPTER 3 ALCOHOL (BI Approval of this item approves ordinance 02025-22 to amend Chapter 3 oft the Duluth Code regarding housekeeping" items as discussed at the March 24 work session. A motion was made by Councilmember Thomas, seconded by Councilmember Harkness, to approve the Consent Agenda as presented. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. VII. NEW BUSINESS 1. FY24 AUDIT PRESENTATION ICI Chair of the Employees Benefits and Audit Review Committee Mike Park and Assistant City Manager/Finance & Redevelopment Director presented the FY24audit. The audit was presented to the Employee Benefit and Audit Review Committee at their April 3, 2025 meeting by the City's Auditor Josh Carroll of Mauldin & Jenkins. The audit report includes the City as a whole, the Downtown Development Authority, and the Urban Redevelopment Agency. The audit confirms that the city's financial statements were prepared in accordance with generally accepted accounting principles (GAAP). The auditor issued an unqualified or clean opinion in the independent auditorsjudgement the city's financial statements are fairly and appropriately presented and in compliance with GAAP. 3 Minutes of M&C April 14, 2025 Page 4 of 6 Mr. Sakmar elaborated on the process which includes test of controls to make sure that our controls are in place for the financial statements to be free of errors and misstatements and make sure that we're in compliance with both federal and state laws. The auditors found no unrecorded adjustments by staff, and made no past adjustments. Mr. Sakmar further explained that If something is material enough to rise to a level to become a "finding,' it will be reported to the state of Georgia, and then we have to issue a corrective action plan back to the state of Georgia explaining how we will correct that deficiency in our financial statements. He was pleased to report that the city did not have a finding this year. The one comment that the city does receive is regarding segregation of duties, which could be accomplished by hiring additional staff. At this time, there are other internal controls in place to mitigate concerns. Councilmember Thomas pointed out the value of the free training offered to the city staff by Mauldin & Jenkins. Being no further discussion, Mayor Whitlock called for a motion. A motion was made by Councilmember Holloway, seconded by Councilmember Doss, to approve, the FY24 audit report as presented. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. 2. EMPLOYEE HEALTH BENEFITS RENEWAL ID! Ashley Giller came forward and presented the annual review process of the City's Health Benefits. Ms. Giller presented during the Employees Benefits and Audit Review Committee held on April 3rd. The Committee and staff recommend the renewal of the City's health, dental and vision insurance with Cigna Health Care. Cigna provided 50K administrative credit for the first month which bring the overall percentage increase to 7.5% for medical, 5% increase to dental and with no change to vision. Approval of this item authorizes the renewal of the group medical, dental and vision insurance plan with Cigna. Councilmember Harkness expressed appreciation given to ensure that all of the city employees had access to health care. Being no further discussion, Mayor Whitlock called for a motion. A motion was made by Councilmember Thomas, seconded by Councilmember Harkness, to approve the 2025 renewal of the city's health benefits as presented. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. 4 Minutes of M&C April 14, 2025 Page 5 of 6 VIII. MATTERS FROM DEPT HEADS/CITY ATTORNEY 1. ORDINANCE TO AMEND CODE - CHAPTER 3 ALCOHOL [E! The Mayor and Council considered approval of ordinance 02025-23 to amend the Duluth Code regarding alcohol. The Alcohol Board received a copy of the proposed ordinance for review and comment. Five of the seven members responded and were in support of the amendment to add a new Section 3-330, Distiller/Distillery to Article II to allow for the manufacturing and consumption on the premises, specify the amounts that can be produced and sold for consumption on and off the premises, outline resale allowances and hours of sale, and set fees and other requirements. Being no further discussion, Mayor Whitlock called for a motion. A motion was made by Councilmember Graeder, seconded by Councilmember Doss, to approve ordinance 02025-23 to amend the Duluth Code as presented. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. 2. ORD TO AMEND THE BUDGET -$627,469 - LMIG [FI In February the City received its annual Local Maintenance & Improvement Grant (LMIG) funds of $281,776.32 from the Georgia Department of Transportation and in early April the City received the 2025 LMIG Supplemental Grant funds of $345,692.31. Staff budget to recognize the LMIG revenue in FY 2025, but is requesting a budget amendment to add the funds to expenditures. For this reason, staff is requesting a budget amendment to add $627,469 to repairs and maintenance line item in the capital project budget ST-32. Staff requested approval of a budget amendment BA-FY25-29) to add $627,469 in LMIG funds to Transportation/Iinrastructure mprovements - Paved Streets - Repairs & Maintenance line item. Being no further discussion, Mayor Whitlock called for a motion. A motion was made by Councilmember Doss, seconded by Councilmember Holloway, to approve ordinance BA-FY25-29 as presented. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. 5 Minutes of M&C April 14, 2025 Page 6 of 6 IX. MATTERS FROM MAYOR & COUNCIL Councilmember Holloway expressed appreciation for GMA training in downtown Duluth. X. MATTERS FROM CITY MANAGER City Manager James Riker reported that four of the city's Code Enforcement officers are recently retiring, and the new personnel have been hired. XI. 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 Graeder, seconded by Councilmember Doss, to adjourn to executive session at 6:43 p.m. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. After the discussion, a motion was made by Councilmember Graeder, seconded by Councilmember Thomas, to return to regular session at 7:15 p.m. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. XII. ADJOURNMENT A motion was made by Councilmember Doss, seconded by Councilmember Harkness, to adjourn at 7:15 pm. Voted For: Council members Harkness, Thomas, Doss, Graeder, and Holloway Motion carried. Approved this a day of / A 2025. Mayor Greg Whitlock ATTEST: 34 Asst. City Mgr./City Clerk, Teresa Lynn 6