GA - Duluth: Regular Session

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Regular Session

PLEASE NOTE: This and other city meetings may be audio and/or videotaped for broadcast, transcription and/or archival purposes. As set forth in the

Americans with Disabilities act (ADA) of 1992, the City of Duluth government does not discriminate on the basis of disability in the admission or access to or treatment of employment in its programs or activities, and complies with the requirements contained in section 35.107 of the Department of Justice regulations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity of the City of Duluth government should be made seven days prior to the event. Inquiries should be directed to the ADA Coordinator in the Planning Department, located at 3167 Main Street, Duluth, GA. 30096, telephone (770) 476-1790.
Tagged Passions:planning, regulation, streets, disability, events, program, and employment

Nancy Harris, Mayor Marsha Anderson Bomar, Post 1

Kirkland Carden, Post 2

WORK AGENDA MAYOR AND COUNCIL

Tagged Passions:council

CITY OF DULUTH, GA 3167 Main Street Duluth, GA 30096

Tagged Passions:streets

Billy Jones, Post 3 Kelvin J Kelkenberg, Post 4

Greg Whitlock, Post 5

NOVEMBER 11, 2019 CITY HALL - COUNCIL CHAMBERS 6:00 pm

The leaders and staff of the City of Duluth are dedicated to ensuring that Duluth is:

an Attractive Destination, a Quality Community, a World Class Government, and promotes a Sustainable Economic Environment.

Tagged Passions:Conservation and environment

5:30 P.M. AGENDA REVIEW Main Street Conference Room

Tagged Passions:streets

6:00 P.M. - CALL TO ORDER Mayor Harris or Mayor Pro tem

INVOCATION OR MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

I. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY)

2. UPCOMING EVENTS www.duluthga.net/events

Tagged Passions:events

Deck the Hall December 7, Town Green, 2:00pm-7:00pm Cookies Cocoa with Santa December 14, Duluth Festival Center, 10:00am-12:00pm

Tagged Passions:festival

II. CEREMONIAL MATTERS

1. PROCLAMATION TASTE OF GWINNETT

Tagged Passions:recognition

III. CONSENT AGENDA

1. APPROVAL OF OCTOBER 14TH/28TH MINUTES

2. AUTHORIZATION FOR AGREEMENTS GDOT ROW MAINTENANCE

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As discussed at the July 8th council meeting, approval of this item authorizes the Mayor or City Manager to execute the Georgia Department of

Transportation (GDOT) required right-of-way and mowing/maintenance agreements to install wooden poles at SR 120 and SR 13 (locations at milepoint 7.79, SR 13 and milepoint 3.74). Once installed, each pole will be mounted with three cameras. The cameras will include features such as fixed, pan, tilt, and zoom elements along with license plate recognition technology.
Tagged Passions:recognition, transportation, Technology, technology, administrator, manager, license, and pole

3. ORDINANCE TO AMEND THE DULUTH CODE CHAPTER 2, ARTICLE V, SEC 2-87 As discussed at the October 28th work session, approval of this item approves an

ordinance (O2019-24) to increase the Parks and Recreation Advisory Board to nine (9) members and one (1) alternate position.
Tagged Passions:ordinance, parks, and recreation

4. ORDINANCE TO APPOINT PARKS RECREATION ADVISORY BOARD Approval of this item approves an ordinance (O2019-25) appointing Janice Wheeler to fill the

unexpired term vacated by Mike Humphreys (2022). Alexis Server (currently serving in the alternate position) appointed as the ninth (9th) member and Annette McIntosh appointed as the alternate. The alternate position would be a two year term that would expire March 31, 2021 and then be on a four year term rotation that would expire in 2025.
Tagged Passions:ordinance, appointments, parks, and recreation

5. BID AWARD EMPLOYEE PAY STUDY ANALYSIS

Tagged Passions:rfp and RFP

During the FY 20 Budget process, Council approved an amount of 11,000 for an outside consultant to conduct an Employee Pay Study Analysis. Staff

issued a Request for Proposal (RFP) and received three responses. Staff reviewed and ranked proposals based on the following criteria; experience in performing similar studies, references from previous clients, quality of the proposal, and cost. The three vendors and their bids are as follows:
Tagged Passions:rfp, RFP, council, budget, and services

Robinson Compensation, LLC 10,500 Condrey Associates, Inc. 37,500 Evergreen Solutions, LLC 12,000

Tagged Passions:compensation

Based on staff review, Evergreen Solutions, LLC's proposal received the highest overall score. Approval of this item authorizes the Mayor or City

Manager to execute a city attorney approved contract with Evergreen Solutions, LLC for 12,000 and further approves a line item transfer in the amount of 1,000 from 100-1540- 552200 (Claims) to 100-1540-521101 (Management Consulting Services).
Tagged Passions:legal, contract, services, administrator, and manager

6. LINE ITEM TRANSFER - 23,638.43 GENERAL FUND POLICE

Tagged Passions:public safety

In August, Council approved a budget amendment to add 23,638.43 in auction proceeds and insurance settlement funds to the Police Vehicle -

Consolidated Vehicle Maintenance Vehicles line item. Recently, the police requested the funds be used to purchase non-capital police equipment related items. Because the funds are in a capital project fund and are now going to be used to purchase non-capital related equipment, it is necessary to transfer the funds to another line item. Approval of this amendment would transfer 23,638.43 from the Police Vehicle capital project fund to the General Fund - Police - Consolidated Vehicle Maintenance - Police Equipment line item.
Tagged Passions:funding, equipment, council, budget, capital spending, public safety, Capital Spending, insurance, purchasing, auction, and settlement

IV. PUBLIC HEARINGS

Tagged Passions:hearing

1. ORDINANCE OF REZONING CASE Z2018-006 - ENCORE BY ASHTON WOODS

Tagged Passions:ordinance and zoning

The Mayor and Council to consider a request (Z2018-006) from Ashton Atlanta Residential, LLC d/b/a/ Ashton Woods Homes (on behalf of the property

owner, BOGOPA HOOCH LLC) to rezone +/- 145.51 acres of property in Land Lots 243, 244, 245, 246 of the 7th District, Gwinnett County, consisting of tax parcels R7245 001, R7244 334, R7246 003 and R7244 336 from C-2 (General Business District) and RA-200 (Residential-Agricultural
Tagged Passions:business, council, agriculture, taxes, Taxes, zoning, and property

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District) to PUD (Planned Unit Development District). The proposed rezoning request is for an entitlement to construct a 465 unit residential

neighborhood consisting of a mixture of single-family homes and townhomes.
Tagged Passions:development, zoning, subdivision, Development, and neighborhood

The Duluth Planning Commission recommended approval of Case Z2018-006 with conditions, as presented by staff at the October 7, 2019 hearing. Staff

recommends approval of Case Z2018-006 as shown on the attached Ordinance. A detailed staff report, minutes from the Planning Commission and legal advertisement are attached.
Tagged Passions:planning, ordinance, legal, boards and commissions, advertising, and hearing

2. ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE CASE TA2019-003, AUTOMOTIVE REPAIR

Tagged Passions:ordinance, development, and Development

The Mayor and Council to consider a request (TA2019-003) from Woodrow Preston Willard to amend Table 2-C of the Unified Development Code (UDC) to

allow Automotive Service (Excluding Repairs and Tire Sales) in the C-2 zoning district as a Special Use.
Tagged Passions:council, sale, development, zoning, and Development

The Duluth Planning Commission recommended approval of Case TA2019-003, as presented by staff at the October 7, 2019 hearing. Staff recommends

approval of Case TA2019-003 as shown on the attached Ordinance. A detailed staff report, minutes from the Planning Commission and legal advertisement are attached.
Tagged Passions:planning, ordinance, legal, boards and commissions, advertising, and hearing

V. NEW BUSINESS

Tagged Passions:business

1. APPROVAL OF INTERGOVERNMENTAL AGREEMENT DDA VALET PARKING

Tagged Passions:intergovernmental and parking

Mayor and Council to consider a proposal by the Downtown Development Authority (DDA) to implement a trial valet parking service operation for four

consecutive Fridays and Saturdays. A valet drop-off/pick-up station will be placed in the half-round on West Lawrenceville Street. A professional valet company will be engaged to provide the service. Staff will present details of the service proposal at the meeting.
Tagged Passions:council, streets, development, downtown, Development, and parking

VI. MATTERS FROM DEPARTMENT HEADS

1. ORDINANCE TO AMEND THE FY20 BUDGET 250,000 - STREETSCAPING IMPROVEMENTS

Tagged Passions:ordinance and budget

The City has entered into an Intergovernmental Agreement (IGA) with Gwinnett County to pay for certain streetscaping improvements along Main Street

associated with the new downtown library. The design and construction will be done by contractors selected by Gwinnett County and the City will be invoiced by the County as the work is completed. Per Gwinnett County, the project cost will be 180,000. However, staff is requesting a budget of 250,000, which includes a contingency of 70,000 to deal with any changes orders that maybe necessary to complete the project.
Tagged Passions:construction, streets, budget, downtown, intergovernmental, and library

This project was previously approved to be funded with tax increment generated from the Tax Allocation District (TAD) Special Fund. However, the TAD

fund does not currently have sufficient revenue to fund this project. For this reason, current funding will come from the City's General Fund and will be repaid with TAD funds once sufficient revenues are available.
Tagged Passions:funding, taxes, and Taxes

Staff is requesting a budget amendment (BA-FY20-08) be approved adding 250,000 to the Tax Allocation District - Roadways and Walkways -

Infrastructure line item for this project.
Tagged Passions:budget, taxes, and Taxes

VII. MATTERS FROM CITIZENS

VIII. MATTERS FROM COUNCIL

Tagged Passions:council

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IX. MATTERS FROM CITY MANAGER

Tagged Passions:administrator and manager

X. EXECUTIVE SESSION

It will be necessary to hold an executive session on Real Estate, Pending/Potential Litigation, Personnel.

Tagged Passions:legal and personnel

XI. ADJOURNMENT

The next scheduled meeting of the Mayor and Council is a work session for November 25 at 5:30 p.m.

Tagged Passions:council

DRAFT MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA OCTOBER 14, 2019

Tagged Passions:council

PRESENT: Mayor Harris, Council members Carden, Jones, Kelkenberg and Whitlock, City Manager,

Tagged Passions:council, administrator, and manager

Department Directors, City Attorney

Tagged Passions:legal

ABSENT: Councilmember Bomar

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 Harris called the meeting to order at 5:40 p.m.

I. EXECUTIVE SESSION

It was necessary to hold an executive session on Real Estate, Pending/Potential Litigation, Personnel.

Tagged Passions:legal and personnel

A motion was made by Councilmember Whitlock, seconded by Councilmember Carden, to adjourn to executive session at 5:40 p.m.

Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

After the discussion, a motion was made by Councilmember Kelkenberg, seconded by Councilmember Carden, to return to regular session at 6:00 p.m.

Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

II. ANNOUNCEMENTS

1. AGENDA CHANGES (none)

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

Tagged Passions:events

Rocky Horror Picture Show - October 19, Red Clay Music Foundry, 12:00am

Howl on the Green - October 25, Town Green, 6:00pm-10:00pm

Deck the Hall - December 7, Town Green, 2:00pm-7:00pm

Cookies Cocoa with Santa - December 14, Duluth Festival Center, 10:00am-12:00pm

Tagged Passions:festival

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III. CEREMONIAL MATTER

1. OATHS OF OFFICE MUNICIPAL COURT ASSOCIATE JUDGE

Tagged Passions:legal, judge, and court

Mayor Harris performed the swearing in for Associate Judge Tiffany P. Porter.

Tagged Passions:legal and judge

IV. CONSENT AGENDA

1. APPROVAL OF SEPTEMBER 9TH/23RD MINUTES

2. AUTHORIZATION FOR INTERGOV T AGREEMENT ROGERS BRIDGE CONSTRUCTION A

Tagged Passions:construction

As with previous phases of the Rogers Bridge project, the construction phase requires an intergovernmental agreement (IGA) between the City of Duluth

and the partner agencies - City of Johns Creek, Gwinnett County, and Fulton County. The current IGA has been reviewed by all four agencies and vetted by their respective attorneys. Each agency must have the IGA signed and executed prior to November 22 to let the project to construction in the spring of 2020. The IGA budgets are based on current construction cost estimates and current scheduled grants from ARC and GDOT. The actual budgets will not be available until the construction bids are received, reviewed, and accepted by Duluth, GDOT, and FHWA. Currently, each financial participant is expected to cover up to 350,000 toward the grant match. Approval of this item authorizes the Mayor to execute the IGA as presented.
Tagged Passions:rfp, RFP, grant, construction, finance, legal, budget, and intergovernmental

3. ORDINANCE TO AMEND THE FY19 BUDGET 3,184 BULLETPROOF VESTS B

Tagged Passions:ordinance and budget

Due to increased recruitment efforts for new police officers and normal turnover in the police department, it was necessary to purchase more

bulletproof vests than anticipated in the FY19 budget. For this reason, staff requested 3,184 be added to the State Drug Fund and General Fund budgets to record the drug fund s share of the additional vest cost. Approval of this item (BA-FY19-38) adds 3,184 to the Police State Drug Fund - Police Administration - Transfer to General Fund line item and 3,184 to the General Fund - Transfer from State Drug Fund line item.
Tagged Passions:drugs, budget, public safety, and purchasing

4. ACCEPTANCE OF DONATION - ORDINANCE TO AMEND THE FY20 BUDGET 300 C

Tagged Passions:ordinance, budget, donation, and Donation

In July, the Park and Recreation Department received 300 in donations to support Jack Stewart's Eagle Scout project. Approval of this item accepts

the donation and approves a corresponding budget amendment (BA- FY20-06) to add 300 to the Parks and Recreation - Cultural Recreation Administration - Park Projects line item.
Tagged Passions:budget, donation, Donation, parks, and recreation

5. AWARD OF BID PUBLIC SAFETY CHILLER D

Tagged Passions:rfp, RFP, and public safety

As discussed at the September work session, the Mayor and Council considered awarding a bid for replacement of a compressor associated with the

chiller unit at the Public Safety building. Staff solicited bids from several companies and received only two responses. The lowest reliable bid was from Dale Sims, Inc. for 17,824. Approval of this item awards a bid to Dale Sims, Inc. in the amount of 17,824 and further authorizes a 10 contingency for this project in the amount of 1,782 for a total project budget of 19,606.
Tagged Passions:rfp, RFP, council, budget, and public safety

6. AUTHORIZATION FOR CHANGE ORDER FIVE SEASONS MECHANICAL

In April, the Mayor and Council awarded a contract to Five Seasons Mechanical, LLC. for testing and balancing of the HVAC system and installation of

fifteen (15) new controllers at the Public Safety building. The approved contract had a not to exceed amount of 103,932. Staff is requesting a change order be approved in the
Tagged Passions:council, contract, and public safety

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amount of 37,295 to allow for the replacement of thirty-five (35) additional controllers. With this change order, all controllers for the system will

be replaced.

7. ORDINANCE TO AMEND THE FY20 BUDGET 33,530 POLICE HVAC E

Tagged Passions:ordinance, budget, and public safety

Mayor and Council considered approval of a budget amendment to carry-forward 33,530 in FY19 budgeted funds to the FY20 budget to complete the Public

Safety building HVAC repairs. In April 2019, Council approved a contract with Five Seasons Mechanical, LLC for the testing and balancing of the HVAC system at the Public Safety building. Council also approved a budget amendment to add 103,932 in General Fund to the FY19 budget to cover the cost of the repairs. Due to the amount of work involved and the technical nature of it, the contractor was not able to complete all the necessary work before the end of the fiscal year. For this reason, staff is requesting the unused funds of 33,530 be carried forward to the current fiscal year. Approval of this item (BA-FY20-07) adds General Funds of 33,530 to the Police - Police Administration - Maintenance Technical/Contracts line item to complete the HVAC repairs.
Tagged Passions:funding, council, budget, contract, and public safety

8. ORDINANCE TO AMEND THE DULUTH CODE PUBLIC ART COMMISSION GUIDELINES F

Tagged Passions:ordinance, boards and commissions, and arts

The Mayor and Council approved updated procedural guidelines for the Duluth Public Art Program in September. Approval of this item approves ordinance

O2019-23 which authorizes the corresponding amendments to Chapter 2, Article XII of the Duluth Code of Ordinances.
Tagged Passions:ordinance, council, arts, and program

9. WAIVER REQUEST SIGNAGE SUGARLOAF TURKEY TROT

Tagged Passions:advertising and signage

Approval of this item waives signage fee and location requirements. Signs will be erected throughout the City for promotion of the Annual WCSCC

(Women s' Club of Sugarloaf Country Club) Charities Turkey Trot. This is an annual race with almost 400 runners attending and proceeds going to four Duluth charities. The Turkey Trot will be held November 28, 2019 (Thanksgiving Day). The banners will be up from Nov 1, 2019 until Nov 30, 2019. There will be ten signs placed (in locations used by Fall Festival and the Spring Arts Festival).
Tagged Passions:arts, advertising, signage, and festival

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

Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

V. PUBLIC HEARINGS

Tagged Passions:hearing

1. ORDINANCE OF REZONING CASEZ2019-03 THE RESIDENTIAL GROUP G

Tagged Passions:ordinance and zoning

Mayor Harris opened the public hearing. to consider a request (Z2019-003) from The Residential Group (on behalf of the property owners: Deborah

Mattison Ellis, Thomas Franklin Mattison, David B. Mattison and Master Life International Inc.) to rezone +/- 6.43 acres of property in Land Lot 293, 6th District, Gwinnett County, consisting of tax parcels R6293 153, R6293 154, R6293 155 R6293 156, from HC-R (Highway Commercial-Retail District) O-I (Office-Institutional District) to PUD (Planned Unit Development District). The proposed rezoning request is for an entitlement to construct a 260 unit multi-family development.
Tagged Passions:taxes, Taxes, development, zoning, subdivision, Development, property, hearing, and commercial

Planning Director Bill Aiken came forward to present the request. The four parcels are located at the intersection of Buford Highway and Davenport

Road. He provided the square footage and current uses for each property. The Character Area is the Downtown Core, surrounded by Core Neighborhood District.
Tagged Passions:planning, streets, downtown, property, and neighborhood

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Mr. Aiken displayed the Master Concept Plan and 3-D rendering of the proposed project. There are three buildings, two driveways, a parking deck,

pool, dog park, detention pond, and landscape buffer to separate the proposed use from the existing residential use.
Tagged Passions:pets, buildings and grounds, detention, and parking

The Land Use Plan shows the intention as residential with amenities, 260 total units, with 21 studios, 132 one- bedroom units, and 107 two-bedroom

units. The density is : 40 units/acre +/- 10,000 sf of amenity, which also meets the Comprehensive Plan standards.
Tagged Passions:strategic

Mr. Aiken discussed transportation and parking. There are two driveways and one fire lane. Total parking spaces of 390 (parking deck: 246, garage:

52, and surface: 92 spaces). This translates to a parking ratio of 1.5 spaces per unit, meaning there is one space per bedroom plus 23 guest spaces, which is in line with other recently approved projects.
Tagged Passions:transportation and parking

Traffic Analysis of the project estimates that 1,409 daily trips would be generated, which is not significantly more than would be if the current

commercial uses were intact. There is a planned installation of a traffic signal at Buford Highway/Davenport Road intersection expected for 2022, and the applicant is proposing to install a right turn lane on Davenport Road.
Tagged Passions:streets, commercial, and traffic

Section 504 of the Unified Development Code (UDC) requires that 10 of property to be left in open space, natural/undisturbed. This project does not

meet these requirements. But the UDC also requires 10 of the gross area of the site to be retained in common areas, such as pools, gathering spaces, etc. and the applicant exceeds the minimum in that category. Mr. Aiken discussed the current utilities, sidewalks and connectivity patterns and noted they are in the same style as the District.
Tagged Passions:streets, utility, development, Utility, Development, property, and Pedestrian

Mr. Aiken reviewed the architectural design for the proposal. There are four stories fronting Buford Highway, five stories on the rear. Ground floor

on rear side of the building contains enclosed garages. Features include porte-coch re, recessed balconies, and enhanced corners. There is a minimum 61 of primary materials (Brick), maximum 39 secondary material (Cementitious Siding). Along Davenport Road, four stories along the street and five stories from the rear with a minimum 69 primary materials, maximum 31 secondary materials. Ground floor on rear side of the building contains the enclosed garages. Building 3000 (rear building) is also a 4/5 split, featuring recessed balconies, enhanced corners and garages on the ground floor. He discussed other design elements, such as larger windows and the upgraded interior features, as well as typical amenity areas.
Tagged Passions:streets and materials

Staff feels that the proposal is consistent with the Comprehensive Plan updated earlier in 2019 for the Downtown Core area and gets closer to the

desired number of 2000 residential units within walking distance of downtown. Mr. Aiken also referenced the 2010 Buford Highway Corridor study which showed this property as mixed use, where high density residential is appropriate. He reviewed the standards governing the exercise of zoning power, shared a letter from the HOA President of the Windsor Gate Subdivision in support of the project, and reported that the Planning Commission recommended approval of Case Z2019-003 with conditions, as presented by staff at the September 16, 2019 hearing.
Tagged Passions:planning, strategic, boards and commissions, zoning, downtown, subdivision, property, hearing, and corridor

Mayor Harris called for discussion from Council.

Tagged Passions:council

Councilmember Carden asked about the existing uses of the property, how much tax revenue was derived from it in its current state, and if there has

been any other development interest for the site. Mr. Aiken said the current assessed value is approximately 1.4 million but would be more than 40 million once built out, and that staff has not received any other interest in the property.
Tagged Passions:taxes, Taxes, development, Development, and property

Councilmember Jones referenced an old apartment study that was completed and asked if there was a timeline for saturation point. Mr. Aiken responded

that there wasn t an exact number, but felt that complexes

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such as this one should be able to weather the effects of a short term recession (since apartments are tied to job growth) because of proximity to

downtown activity.
Tagged Passions:downtown and growth

Mayor Harris called the applicant forward to answer questions.

Mr. Kurt Alexander of 3555 Woodshire Trail, Marietta, came forward. He said that the property currently generates 65,000 in taxes but new projections

would increase ten-fold to about 615,000. He doesn t feel that this area is near saturation since the occupancy rates and rent are still rising at the District; people want to walk to restaurants, nightlife, and community activities.
Tagged Passions:taxes, Taxes, restaurants, trails, property, nightlife, and rates

The Mayor called for questions/comments from the public.

Alana Moss, Planning Commission member, said her comments were representative of a citizen s view. Her neighborhood has been complaining about

getting a traffic light for many years and this would be the best opportunity to get one. She noted that the strip mall has been empty the last 10 years, and was appreciative of the interest in developing a former dry cleaning site. She also noted that the church front currently has no sidewalks and this would be a benefit, as well as stretching out the downtown further down Buford Highway, providing connectivity.
Tagged Passions:planning, boards and commissions, streets, downtown, church, commercial, Pedestrian, traffic, and neighborhood

Rena Lill of 3150 Windsor Gate Run, Jason Dearborn of 3380 Northgate Lane, March Briner of 3334 Windsor Valley Ct all came forward to support the

improvement. They felt that a development of this caliber would be a good introduction into Duluth, changing the image of downtown from the thoroughfare perspective, and would be a huge improvement.
Tagged Passions:development, downtown, and Development

March Briner of 3334 Windsor Valley Ct came forward in support and asked how long construction would take. Mr. Alexander responded approximately 20

months; after 14 months it would be left mostly to interior finish, producing less construction traffic.
Tagged Passions:construction and traffic

Michael Hopkins of 3379 Windsor Valley Ct was also supportive of the project and noted that previous traffic studies showed there were not enough

trips generated to constitute the traffic light, but this project would certainly do that.
Tagged Passions:traffic

Scott Femmer of 3180 Windsor Gate Run expressed support and asked if there would be planned road closures. Mr. Alexander said that would not be

anticipated.
Tagged Passions:streets and street closure

Councilmember Jones agreed that it was a beautiful project and that it was a terrible intersection, but did not feel like more apartments were

warranted. He said there were other ways to get a signal, and felt that the area needed more options for purchase not rent.
Tagged Passions:public safety and purchasing

Councilmember Whitlock said that one of the reasons this project fits into the Comprehensive Plan is that the downtown core is supposed to be more

dense. He would rather see more owner occupied options though, with walkable and bike options. He also pointed out that retail space has less demand than it used to. If we keep the area energized, people will continue to want to live nearby which creates long-term sustainability.
Tagged Passions:strategic, downtown, Bicycles, sustainability, and bicycles

Councilmember Carden reiterated that there haven t been any inquiries into this area and the current site is unutilized. It seems consistent to

create a gateway feel, and creates big tax implications for local government without as big a demand for schools.
Tagged Passions:taxes, Taxes, education, and gateway

Councilmember Kelkenberg said that things will change in the future, but this project is consistent with the plans approved almost ten years ago. He

commented that Proctor Square met the needs of the late 1960s.

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Mayor Harris reflected on the changing trends in housing; average homebuyers are 10 years older than previous generations and therefore need this

type of living arrangement for longer periods.
Tagged Passions:housing

There being no further comments or questions, Mayor Harris closed the public hearing and called for a motion.

Tagged Passions:hearing

A motion was made by Councilmember Whitlock, seconded by Councilmember Carden, to approve the ordinance of rezoning for Case TA2019-003 as presented.

Tagged Passions:ordinance and zoning

Councilmember Whitlock amended his motion to approve the ordinance of rezoning for Case Z2019-003. Seconded by Councilmember Carden.

Tagged Passions:ordinance and zoning

Those voting for: Council members Carden, Kelkenberg and Whitlock Those voting against: Councilmember Jones

Tagged Passions:council and voting

Motion carried.

2. RESOLUTION APPROVAL OF TAD PROJECT APPLICATION 4 REDEVELOPMENT AGENCY H

Mayor Harris opened the public hearing to consider approval of Tax Allocation District (TAD) Project Application No. 4. by The Residential Group, for

a project located at the northeast intersection of Buford Highway and Davenport Road. The TAD financing request is for eligible development costs associated with the project.
Tagged Passions:streets, taxes, Taxes, development, Development, and hearing

Gary Mongeon from Bleakly Advisory Group came forward to provide a summary of the application. The application seeks to reimburse The Residential

Group from annual tax increments generated by the development for a period of 15 years or to a maximum of 2.1 million, whichever occurs first. Mr. Mongeon reported that the current assessed value of the subject property has already increased by 16 since the TAD was initially introduced. He discussed the average market rent in the area, total development budget, and said this funding would be 4 of project cost. Projections are for this project to become fully taxable in the 2022 tax year at about 39.6 million, with a digest value of 15.4 million. This represents a 1200 increase in the value of that +/- 6 acres. He also said that the District @ Duluth is now assessed at more than its cost to build the only apartments in Gwinnett County that this is true for.
Tagged Passions:funding, market, budget, taxes, Taxes, development, Development, and property

Mr. Mongeon said that in the 2013 development forecast, everyone thought this would be a more difficult site to redevelop. He discussed the allowable

uses for this site and noted that this project has four of the methods to achieve redevelopment economic success; it is expected to generate 240,000 in tax allocation increment annually. This represents more than 5.9 million in increment over the life of the TAD during the remaining 23- year span, leaving a surplus of 3.8 million since they are requesting 2.1M. School taxes, bond millage, or personal property are not affected.
Tagged Passions:taxes, Taxes, development, bond, surplus, Development, property, and education

The But/For test determines justification for the contribution. The subject site has elements that are not typical of greenfield development,

requires demolition of 40,000sf of existing buildings, and the architectural enhancements for Duluth standards are a bit more costly. As this project will produce a 1200 increase in land value, Mr. Mongeon feels it will easily produce a fiscal benefit to the community.
Tagged Passions:development, Development, and demolition

Mayor Harris commented that the Tax Allocation District setup has been an economic development tool and wondered why other cities are not taking

advantage of it. Mr. Mongeon said that others are; the challenge is implementation. Duluth s early success was due in part to assembling property during the recession, and approval of rezonings for large projects.
Tagged Passions:economic development, taxes, Taxes, development, zoning, Development, and property

Councilmember Whitlock noted that a value reset of the TAD occurred when property values were the lowest, which further contributed to the success of

this strategy so far.
Tagged Passions:strategic and property

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The Tax Allocation District Advisory Committee (TADAC) met on October 9, 2019 and unanimously recommended approval of the project application. Staff

recommends Council approve the attached resolution (R2019-12) and authorization for the Mayor to sign the Development Agreement.
Tagged Passions:council, taxes, Taxes, development, and Development

Mayor Harris thanked Staff for their diligence in pursuing and executing this funding strategy.

Tagged Passions:funding and strategic

There being no further comments or questions, Mayor Harris closed the public hearing and called for a motion.

Tagged Passions:hearing

A motion was made by Councilmember Whitlock, seconded by Councilmember Kelkenberg, to approve the resolution authorizing use of tax allocation

district financing for project application 4 (The Residential Group) and further authorize the Mayor to execute the Development Agreement as presented.
Tagged Passions:taxes, Taxes, development, and Development

Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

3. RESOLUTION APPROVAL OF TAD PROJECT APPLICATION 5 REDEVELOPMENT AGENCY I

Mayor Harris opened the public hearing to consider approval of Tax Allocation District (TAD) Project Application No. 5.

Tagged Passions:taxes, Taxes, and hearing

Gary Mongeon from Bleakly Advisory Group explained that the application, submitted by the City of Duluth and Duluth Downtown Development Authority,

seeks TAD financing for the following purposes (including but not limited to): issuance of bond financing, expenditures incidental to issuance of bonds, infrastructure projects including water and sewer, transportation projects, streetscape projects, stormwater improvements, property acquisition, reimbursement of previously incurred redevelopment/administrative costs, environmental remediation, off-street parking, and other economic development/redevelopment activities consistent with the IGA and Redevelopment Powers Law.
Tagged Passions:sewer, economic development, streets, utility, development, bond, Utility, downtown, transportation, water, environment, streetscape, Development, property, parking, and stormwater

Mr. Mongeon further clarified that the application seeks to use of TAD funds for above stated purposes in the amount not to exceed 33,500,000. The

City has been a TAD applicant once before to construct the stormwater detention facility. He said that Duluth is in a very enviable position, with 23 years left in the TAD. He described the current TAD financial picture in detail, which was very favorable, generating over 10 million in current digest value than was projected in 2013. For all the TAD approved projects, the taxable value is much higher than what was forecast. By 2024, it is expected to grow from 56 million this year to 103 million, increasing the annual increment substantially. The funds will be used to make public improvements, such as infrastructure projects include streetscapes, quiet zones, parking, to reimburse city for prior expenses, debt service, etc. which also protects the downtown making it less vulnerable to any future recessions and able to avoid saturation points for the area.
Tagged Passions:funding, finance, facility, streets, downtown, streetscape, detention, parking, and stormwater

Using TAD sourcing allows for other revenues to be used by the Downtown Development Authority for economic development, retiring debt, providing more

money for environmental remediation, property acquisition, and future borrowing. Approval of this application gives the City the flexibility up to program up to 33.5 million for eligible redevelopment costs, and the City determines the priority. There is an allowable 3- year window to seek financing.
Tagged Passions:economic development, development, downtown, program, environment, Development, and property

Councilmember Jones asked about limiting the TAD projects to 33.5 million and what if it needs to be more than that? Mr. Mongeon said that 33.5M is

the best case scenario on projected needs, but the City can always go back to the TAD advisory committee if more was needed. Mr. Riker confirmed that the City could go back and make application 6, requiring County approval.

Councilmember Whitlock clarified that the infrastructure improvements may only be made in the TAD district, and cannot be spent outside the area.

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Mayor Harris said that staff and the elected officials would be strategically reviewing and prioritizing the project within the next three years.

The Tax Allocation District Advisory Committee (TADAC) met on October 9, 2019 and unanimously recommended approval of the project application; Staff

recommends Council approve the resolution (R2019- 13).
Tagged Passions:council, taxes, and Taxes

There being no comments or questions from the public, Mayor Harris closed the public hearing and called for a motion.

Tagged Passions:hearing

A motion was made by Councilmember Kelkenberg, seconded by Councilmember Carden, to approve the resolution authorizing use of tax allocation district

financing in the amount identified in project application 5 (City of Duluth and Downtown Development Authority).
Tagged Passions:taxes, Taxes, development, downtown, and Development

Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

VI. NEW BUSINESS

Tagged Passions:business

1. TAD DEVELOPMENT AGREEMENT ASSIGNMENT GREYSTAR REDEVELOPMENT AGENCY J

Tagged Passions:development and Development

In February, the City Council (acting as the Redevelopment Agency) executed a development agreement with Greystar GP II, LLC. relating to

reimbursement of TAD funds associated with the Everleigh Duluth project. Greystar's lender is requesting a collateral assignment of that agreement for closing. The development agreement allows for assignment subject to City approval.
Tagged Passions:funding, council, development, and Development

For the public s benefit, Councilmember Carden noted that this item was discussed in detail before the meeting.

A motion was made by Councilmember Carden, seconded by Councilmember Whitlock, to approve the assignment of the Development Agreement dated February

11, 2019 between the City of Duluth and Greystar GP II, LLC as presented.
Tagged Passions:development and Development

Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

VII. MATTERS FROM COUNCIL

Tagged Passions:council

Councilmember Carden referenced the Korean American festival coming on Saturday. Councilmember Whitlock said there was a corresponding documentary in

the morning at the Duluth Studio Movie Grill.
Tagged Passions:restaurants and festival

VIII. MATTERS FROM CITY MANAGER

Tagged Passions:administrator and manager

City Manager James Riker announced that the Planning Staff was going to LaGrange to receive an award that the Planning Department won from DCA, the

Plan First award for a high-quality Comprehensive Plan.
Tagged Passions:planning, strategic, administrator, and manager

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IX. ADJOURNMENT

A motion was made by Councilmember Kelkenberg, seconded by Councilmember Carden, to adjourn at 7:43 pm.

Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

The next scheduled meeting of the Mayor and Council is a work session for October 28, 2019 at 5:30 p.m.

Tagged Passions:council

MINUTES OF THE

SPECIAL CALLED MEETING MAYOR AND COUNCIL CITY OF DULUTH, GA OCTOBER 28, 2019

Tagged Passions:council

PRESENT: Mayor Harris, Council members Bomar, Carden, Jones, Kelkenberg and Whitlock, City Manager, City Clerk, City Finance Manager and City

Attorney
Tagged Passions:finance, council, legal, administrator, and manager

Mayor Harris called the Special Called meeting to order at 5:30 p.m. She announced that items under Presentation /Updates would be moved to a future

agenda and noted that it will be necessary to adjourn into an Executive Session.

I. EXECUTIVE SESSION

It was necessary to enter into an executive session on Real Estate, Pending/Potential Litigation, and or Personnel.

Tagged Passions:legal and personnel

A motion was made by Councilmember Jones, seconded by Councilmember Whitlock, to adjourn to executive session at 5:30 p.m. for the purpose to discuss

pending/potential litigation, personnel and or real estate matters.
Tagged Passions:legal and personnel

Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

After the discussion, a motion was made by Councilmember Kelkenberg, seconded by Councilmember Carden, to return to regular session at 7:10 p.m.

Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

II. NEW BUSINESS

Tagged Passions:business

1. RESOLUTION SERVICE DELIVERY STRATEGY AGREEMENT A

Tagged Passions:strategic

The Mayor and Council considered approval of a resolution requesting an extension of Gwinnett County s existing Service Delivery Strategy Agreement

through and until the time period allowed by the Department of Community Affairs, or until such time as another Service Delivery Strategy Agreement is approved, whichever period is shorter.
Tagged Passions:council and strategic

A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to authorize the Mayor to execute resolution R2019-14 as presented.

Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

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III. ADJOURNMENT

A motion was made by Councilmember Bomar, seconded by Councilmember Carden, to adjourn to work session at 7:10 pm.

Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried.

Tagged Passions:council and voting

WORK SESSION NOTES MAYOR AND COUNCIL CITY OF DULUTH, GA

Tagged Passions:council

I. PUBLIC COMMENTS

No comments received.

II. DISCUSSION ITEMS

1. PARKS RECREATION BOARD

Tagged Passions:parks and recreation

The sections 2-87 of the Duluth Code of Ordinances establish that the Parks and Recreation Advisory Board be comprised of an eight (8) member and one

(1) alternate. Staff recommended amending the Parks and Recreation Advisory Board to a nine (9) member and one (1) alternate to ensure a voting quorum. Staff recommends Janice Wheeler to fill the unexpired term vacated by Mike Humphreys (2022). Janice is a lifelong resident of the Church Street community and will provide valuable insight to the board. Staff recommended Annette McIntosh to fill the alternate position on the board as Alexis Server would become the (9) member from the alternate position. It is proposed that the alternate position initially be a two-year term that would expire March 31, 2021, and then be on a four-year term rotation that would expire in 2025 along with board vacancies.
Tagged Passions:ordinance, streets, voting, church, parks, and recreation

Staff was authorized to place the appointment ordinance on the next Council agenda for consideration.

Tagged Passions:ordinance and appointments

2. DDA VALET PARKING TRIAL PERIOD

Tagged Passions:parking

The Duluth Downtown Development Authority (DDA) asked to conduct a valet parking trial period for downtown Duluth. The valet would operate on Friday

and Saturday for a one-month period. DDA would need an intergovernmental agreement with the City to lease city parking for a specific time period and location. DDA would contract with a valet company and pay for operation of the service.
Tagged Passions:leasing, development, contract, downtown, Development, intergovernmental, and parking

Authorized the City Attorney to develop IGA with DDA for valet parking demonstration and place on the next Council agenda for discussion.

Tagged Passions:legal and parking

3. LITTER CONTROL

City Manager James Riker explained that there are proposed revisions to the Duluth Municipal Code of Ordinances, Chapter 10 Offenses and

Miscellaneous Provisions, Section 10-2 (Litter Control) to meet the minimum requirements of the Metropolitan North Georgia Water Planning District s Water Resource Plan. The Plan requires communities to adopt the Metropolitan North Georgia Water Planning District s Model
Tagged Passions:planning, ordinance, utility, Utility, water, administrator, and manager

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Litter Control Ordinance, or an equivalent ordinance. The proposed text amendment adds language to match the model Litter Control Ordinance and

removes duplications.
Tagged Passions:ordinance

Staff was authorized to place the ordinance on the next Council agenda for consideration.

Tagged Passions:ordinance

4. NOISE STUDY UPDATE

Tagged Passions:noise

City Manager James Riker explained that in July of this year, the city contracted with Arpeggio to recommend modifications to our Noise Ordinance as

it relates to the Downtown Area. He gave an overview of the findings of the report. A second component of the contract relating to investigation of sound mitigation strategies for Red Clay Music Foundry is yet to be completed.
Tagged Passions:ordinance, contract, downtown, administrator, manager, and noise

No action was taken.

III. PRESENTATIONS/UPDATES

1. ECONOMIC DEVELOPMENT UPDATE removed, moved to future agenda

Tagged Passions:economic development, development, and Development

2. BUSINESS OFFICE UPDATE removed, moved to future agenda

Tagged Passions:business

3. PUBLIC WORKS removed, moved to future agenda

Tagged Passions:Public Works and public works

IV. MATTERS FROM COUNCIL

Tagged Passions:council

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