DRAFT MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA MAY 10, 2021

PRESENT: Mayor Harris, Council members Bomar, Thomas, Jones and Whitlock, City Manager, Department Directors, City Attorney

ABSENT: Councilmember Kelkenberg

A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening’s agenda items. Item number 1 under New Business was removed.

I. EXECUTIVE SESSION

Mayor Harris called the meeting to order at 5:40 p.m. and announced that 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 Whitlock, seconded by Councilmember Bomar, to adjourn to executive session at 5:40 p.m.

Voting for: Council members Bomar, Thomas, Jones, and Whitlock Motion carried.

After the discussion, a motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to return to regular session at 6:01 p.m.

Voting for: Council members Bomar, Thomas, Jones and Whitlock Motion carried.

II. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY)\

2. UPCOMING EVENTS – www.duluthga.net/events

Seek Duluth Scavenger Hunt – Tuesday, May 11, “around” Duluth. Starts at 6pm

M&C Draft Minutes May 10, 2021 Page 2 of 8

“Spirit of Hope”-Community Art Project Reveal– Friday, May 14, Festival Center. 6:00-9:00pm

Fridays-N-Duluth – Food trucks and live music, Friday, May 21, Town Green. 6:00-9:00pm

Duluth Spring Arts Festival – Saturday & Sunday, May 22, (10:00am-5:00pm) & May 23, (11:00am-5:00pm)

Eats & Beats – live music, interactive art, Thursday, May 27, Parsons Alley. 6:00-9:00pm

Block Party on Main – last Friday of every month from May – August. Friday, May 28, Parsons Alley/Festival Center. 6:00-9:00pm

Please note: All events are subject to change due to COVID-19 restrictions and regulations during the planning process.

III. CONSENT AGENDA

1. APPROVAL OF APRIL 12 & 26 MINUTES

2. APPROVE CONTRACT – STREET SWEEPER ON-CALL CONTRACT {A}

Every three years, the City's contract with our on-call street sweeper expires. The current contract is set to expire on June 30, 2021. The City advertised the new opportunity for street sweeping in an RFP on February 19, 2021 with proposal packages due on March 26, 2021. Three proposal packages were submitted.

Evaluations were completed by the stormwater team and were based on Experience and Qualifications (30%), References (10%), and Cost (60%). The highest scoring firm was Watt Commercial Sweeping. The new contract will go into effect on July 1, 2021. It is a one-year contract, renewable for two additional one-year terms, for a maximum of three years. Funds from the Stormwater Utility pay the cost of street sweeping. It is expected that streets will be swept City-wide twice this fiscal year, and once after each scheduled event. Approval of this item authorizes the Mayor or City Manager to execute the contract with Watt Commercial Sweeping.

3. ORD TO AMEND DULUTH CODE–PERSONAL TRANSPORTATION VEHICLES {B}

As discussed at the April 26 work session and with direction from Mayor and Council, staff has developed an ordinance to regulate the usage of personal transportation vehicles within City limits. Approval of this item approves ordinance O2021-28 as presented. Staff will develop and disseminate training, educational, and registration materials.

4. APPROVE CONTRACT/LINE ITEM TRANSFER – $720,000 - MAIN ST SIDEWALK

M&C Draft Minutes May 10, 2021 Page 3 of 8

As previously discussed with Council, the right of way acquisition phase of the Main Street Enhanced Sidewalk Project (CD-71) is ready to begin. There are 25 parcels impacted by the project (not including the Railroad, which will be handled separately). The most recent budget presented to Council at a work session reflected $880,000 for property and the acquisition thereof. Staff is requesting $720,000 at this time, based on a more accurate review by our on- call acquisition team. A breakdown of acquisition fees (non-specific to any one property) is shown in the exhibit.

This project is part of the 2014 and 2017 Intergovernmental Agreements with Gwinnett County, 81% of the property costs as well as 81% of the acquisition costs are reimbursable to City. Currently, available funds from the Jointly Funded 2014 SPLOST projects are budgeted under the SR 120 Sidewalk project. Staff is requesting Council approval to allow the City Manager to sign the necessary paperwork to transfer $720,000 to the Main Street Enhanced Sidewalk Project. Transfers to the Main Street Enhanced Sidewalk project will include: $583,200 in revenue added to Gwinnett County Grant, $136,800 in revenue added to Transfer from 2014 SPLOST, $720,000 in expenditures added to Parkways & Boulevards - Technical Services. Approval of this item authorizes the City Manager to sign the necessary transfers.

5. CONTRACT APPROVAL– NORFOLK SOUTHERN-MAIN ST SIDEWALK {C}

The Main Street Enhanced Sidewalk Project (CD-71) is moving forward toward construction. Design plans are in their final stages, and right of way acquisition is likely to move forward this summer and fall. Staff has coordinated with Norfolk Southern throughout the design process as the entire proposed plan for Phase II of the sidewalk construction is within the right of way of Norfolk Southern Railway.

Since the City would like to advertise the Phase II plans as an add-alternate to the Phase I bid, the City is required to enter into a construction agreement with Norfolk Southern prior to letting the project to construction. The City Clerk and the City attorney have reviewed the contract, and Norfolk Southern has adjusted the terms per the City's requests. Approval of this item authorizes the Mayor or City Manager to execute the contract (NS File: ROW1113808).

6. LINE ITEM TRANSFER – $30,119 - FORCE ACCT WITH NORFOLK SOUTHERN {D}

The construction agreement for the Main St. Enhanced Sidewalk project with Norfolk Southern includes a force account (Exhibit D of the agreement) to cover the Railroad's costs for construction engineering, accounting, and flagging services. The amount of the force account is $30,119 and is an eligible expense covered by the City's Intergovernmental Agreement with Gwinnett County. As part of a change order to the intergovernmental agreement, the Main Street Enhanced Sidewalk Project was added as a project eligible for funding under the Jointly Funded 2014 SPLOST Projects. This qualifies the above expenditure to be reimbursed 81% by Gwinnett County and 19% is borne by the City.

Currently, available funds from the Jointly Funded 2014 SPLOST projects are budgeted under the SR 120 Sidewalk project. Staff is requesting Council approval to allow the City Manager to

M&C Draft Minutes May 10, 2021 Page 4 of 8

sign the necessary paperwork to transfer $30,119 to the Main Street Enhanced Sidewalk Project (CD-71). Transfers will include: $24,397 in revenue added to Gwinnett County Grant, $5,722 in revenue added to Transfer from 2014 SPLOST, $30,119 in expenditures added to Parkways & Boulevards - Professional Services. Approval of this item authorizes the City Manager to sign the necessary transfers.

7. ORDINANCE TO AMEND FY21 BUDGET – $70,400 - PINE NEEDLE DESIGN {E}

As previously discussed with and approved by Council, the Pine Needle Drive project will now be designed as a cul de sac. To complete the new set of construction plans, the design team submitted a comprehensive scope and fee, which was reviewed and approved by staff. To ensure the requirements are met, the scope was developed in consultation with GDOT and Gwinnett County DOT.

From this overall proposed fee, the balance of their original fee was subtracted. The difference in the two fees is $64,000. Staff is requesting $64,000 for the design of the cul de sac and a 10% contingency for unforeseen scope changes, of $6,400, for a total request of $70,400.

Approval of this item adds $64,000 to the Pond Task Order for the Pine Needle Drive Project. In addition, approval of this item approves ordinance (BA-FY21-34) to add revenue of $57,024 to the Gwinnett County Grant line item, $13,376 in unallocated 2017 SPLOST Transportation funds to the SPLOST 2017 line item and expenditures of $70,400 to the Pine Needle Drive Improvements -Paved Streets - Professional Services line item.

8. ORDINANCE TO AMEND FY21 BUDGET – $12,500 TEMP WORKERS {F}

At the budget work sessions in April, staff discussed the need to hire temporary workers to pick up trash and perform right-of-way maintenance throughout the City. Previously, this work was done by inmate labor from Gwinnett County but due to the pandemic, the County is no longer providing inmate labor to the City. Therefore, approval of this item approves ordinance BA- FY21-35 to add $12,500 in General Fund prior year reserves to Public Works - Public Works Administration - Seasonal/Temporary line item.

9. ORDINANCE TO AMEND FY21 BUGDGET - $45,000 - TAYLOR PARK DESIGN {G}

Currently, the City is in the design phase to construct a synthetic turf area adjacent to Taylor Park. As part of the project, the City will also be constructing a pad in Taylor Park to locate a piece of playable art on. Funding for the synthetic turf area will come from a bond funded with TAD proceeds. However, because Taylor Park is outside of the TAD boundary, TAD bond proceeds can not be used for the project. For this reason staff requested $45,000 in General Funds for the design cost associated with the Taylor Park portion of the project. Approval of ordinance (BA-FY21-36) adds $45,000 in revenue to the capital project - Tax Allocation District - Transfer from General Fund line item, adds $45,000 to Tax Allocation District - Special Recreation Facilities - Professional Services line item and in the General Fund adds $45,000 to General Fund - Other Financing Sources - Transfer to Tax Allocation District line item.

M&C Draft Minutes May 10, 2021 Page 5 of 8

10. ACCEPTANCE OF DONATION - $3,000 – PUBLIC ART FUND

Approval of this item accepts a $3,000 donation to the Duluth Public Art Commission PAAF fund from Bethel Eyecare of Duluth.

11. WAIVER REQUEST - ADDITION TO 2021 EVENT CALENDAR AUTHORIZATION

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 O.C.G.A., which exempts food vendors from having to obtain said permits provided that the event lasts 120 hours or less. The waiver applies to signage fees and signage location requirements provided that the City Clerk and Public Works Director are given a list of where signs will be erected throughout the City for promotion of approved events. Events labeled Open Zone will allow alcohol to be purchased from licensed merchants within the Downtown area and carried out as well as allow coolers to be bought into the designated area. All other events taking place in Downtown fall under the Licensed Merchant Zone that allows alcohol to be purchased from the Downtown Licensed Merchants and carried out into the Downtown area.

Little Beer Fest - Saturday, June 5, 12-4pm (co-sponsored with Good Word Brewing; requested closure of West Lawrenceville Street for the event.

A motion was made by Councilmember Thomas, seconded by Councilmember Jones, to approve the Consent Agenda as presented.

Voted For: Council members Bomar, Thomas, Jones and Whitlock Motion carried.

IV. PUBLIC HEARINGS

1. ORDINANCE OF SPECIAL USE - SU2021-001 - KAREN HARRIS {H}

Mayor Harris opened the public hearing and called Planning Director Bill Aiken to present.

Mr. Aiken stated that the purpose of this public hearing is to consider a request (SU2021-001) from Karen Harris for Special Use approval to deliver, install and occupy a manufactured home on a +/- 0.57 acre property in Land Lot 202 of the 7th District, Gwinnett County, consisting of tax parcel R7202 095. The subject property is located at 3412 Donaville Street, Duluth, Georgia 30096.

Mr. Aiken discussed that the property is located in the Core Neighborhood Character Area and that the applicant is requesting to remove the existing manufactured home and replace it with a

M&C Draft Minutes May 10, 2021 Page 6 of 8

new manufactured home. The Planning Commission placed the following three conditions on the request. 1. The Special Use approval is for the construction/placement of a single manufactured home. 2. The subject property shall adhere to the area regulations for the RM zoning district per the UDC. 3. The existing manufactured home located on the subject property shall be demolished/removed from the site prior to the issuance of a manufactured home permit.

Mayor Harris called for discussion from Council. There being no comments or questions, Mayor Harris closed the public hearing.

A motion was made by Councilmember Jones, seconded by Councilmember Bomar, to approve ordinance O2021-29 for Case SU2021-001 as outlined in the Special Use Ordinance.

Voted For: Council members Bomar, Thomas, Jones and Whitlock Motion carried.

2. ORDINANCE FOR TEXT AMENDMENT-TA2021-002-SPECIAL USE {I}

Mayor Harris opened the public hearing and called Planning Director Bill Aiken to present. Mr. Aiken stated that the purpose of the public hearing is to consider a request (TA2021-002) from Mahaffey Pickens Tucker, LLP to amend the text of the Duluth Unified Development Code by allowing "Mini-Warehouses and Self Storage Units" as a Special Use within the HC-R (Highway Commercial - Retail) zoning district.

Mr. Aiken presented that the Planning Commission considered the request and approved the following text amendments (G and H) be added to Section 333 Mini-Warehouse and Self Storage Units of the UDC. 1. A 150-ft buffer shall be required between any mini-warehouse building or self- storage unit to any residentially zoned property measured from the nearest structure of the mini-warehouse or self-storage business to the nearest parcel boundary line of any residential property as measured by a straight line on the ground. 2. Loading bays shall not face street frontage.

Mayor Harris called for discussion from Council.

Councilmember Whitlock asked for clarification on the height restrictions for the Buford Highway Corridor. Mr. Aiken explained that the UDC allows for a 50 ft height.

Mayor Harris called the applicant forward. Mr. Brian Easley of 1550 North Brown Rd, Lawrenceville, Georgia came forward to answer questions.

M&C Draft Minutes May 10, 2021 Page 7 of 8

Councilmember Bomar asked what the implications of the text amendment could be. Mr. Easley stated that the 150-ft buffer limits problems for the location.

There being no further comments or questions, Mayor Harris closed the public hearing.

A motion was made by Councilmember Bomar, seconded by Councilmember Thomas, to approve ordinance O2021-30 for text amendment for Case TA2021-002 as presented in the Text Amendment Ordinance.

Voted For: Council members Bomar, Thomas, Jones and Whitlock Motion carried.

3. FIRST PUBLIC HEARING – CONSIDERATION OF FISCAL YEAR 2022 BUDGET

Per the State Code of Georgia, the Mayor and Council to hold a public hearing in order to receive public comments on the proposed FY 2022 Annual Operating and Capital Projects Budget.

Mr. Sakmar presented an overall snapshot of the FY22 balanced budget. He presented the strategic vision statements of the City and the proposed balanced FY22 operating budget of $30,781,388 and a Capital budget of $37,067,308. He noted the reliance on prior year reserves to balance the budget has steadily decreased. He summarized revenue percentages, of which property taxes comprise the most; salaries and benefits make up the majority of expenditures. The proposed budget anticipates the tax millage rate remaining at 6.551.

Other considerations for FY2022 are Tax Allocation District funding and Downtown Development Authority and Urban Redevelopment activity.

The ordinance adopting the FY 2022 budget will be presented for consideration at the second public hearing scheduled for Monday, June 14, 2021 at the regularly scheduled meeting of the Mayor and Council.

Mayor Harris called for discussion from Council. There being no comments or questions, Mayor Harris closed the public hearing. No motion was necessary.

V. NEW BUSINESS

1. AMENDMENT TO TAX ALLOCATION DISTRICT DEVELOPMENT AGREEMENT (Removed)

VI. MATTERS FROM COUNCIL

M&C Draft Minutes May 10, 2021 Page 8 of 8

1. Councilmember Bomar shared an opportunity for the public to get involved in the design of the new Marta cars. The public may visit www.itsmarta.com and click on the “You Ride You Decide” link to participate. 2. Councilmember Jones praised City staff for the first successful events of the year. 3. Councilmember Whitlock discussed his concern regarding the intersection of Peachtree Industrial Blvd and Main St. Staff shared that they are working with the developer.

VII. ADJOURNMENT

A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to adjourn at 6:50 pm.

Voting for: Council members Bomar, Thomas, Jones and Whitlock Motion carried.