CITY OF DULUTH, GA Nancy Harris, Mayor Marsha Anderson

Transcription

CITY OF DULUTH, GA
OCTOBER 14, 2013
Nancy Harris, Mayor
Marsha Anderson Bomar, Post 1
Jim Dugan, Post 2
Billy Jones, Post 3
Kelly Kelkenberg, Post 4
Greg Whitlock, Post 5
CITY COUNCIL AGENDA
CITY HALL - COUNCIL CHAMBERS
7:00 PM
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.
6:15 P.M. – AGENDA REVIEW WORK SESSION Main Street Conference Room
6:45 P.M. PHOTOS
7:00 P.M. - CALL TO ORDER
Mayor Harris or Mayor Pro tem
INVOCATION:
Kipper Tabb, Perimeter Church
PLEDGE OF ALLEGIANCE:
Mayor Harris
I.
ANNOUNCEMENTS
1.
II.
AGENDA CHANGES (IF NECESSARY)
CONSENT AGENDA
1. APPROVAL OF SEPTEMBER 9TH/23RD & OCT 4TH MINUTES
3167 MAIN STREET, DULUTH, GA, 30096
WWW.DULUTHGA.NET
M&C Agenda
October 14, 2013
Page 2 of 5
2. ORDINANCE TO AMEND THE DULUTH CODE – FALSE ALARMS
Approval of this item amend the City's current "False Alarm" Ordinance fee structure. Due to recent concerns
relating to the city's current "False Alarm" ordinance fee structure, staff has researched the alarm ordinances
from (8) other jurisdictions in and around Gwinnett County. It is staff’s recommendation that the current fee
structure (ranging from $50 to $1,000) be changed (ranging from $50 to $150 maximum) to bring the City's fee
structure more in-line with our surrounding communities.
3. ORDINANCE TO AMEND THE DULUTH CODE – COIN OPERATED AMUSEMENT DEVICES
The Georgia Legislature amended state law in 2012 to clarify state and local regulation of coin-operated
amusement devices. Approval of this item amends Duluth's current ordinance to comply with Georgia law.
4. ORDINANCES TO AMEND THE DULUTH CODE & APPOINT DPAC MEMBERS
As based on the previously approved Duluth Public Arts Commission (DPAC) Ordinance, the commission to
consist of nine (9) regular members and up to two (2) ex-officio members chosen from staff. During the last
Work Session on 9/23/13, Council asked staff to prepare an amendment to the ordinance allowing for
inclusion of two (2) alternate positions. The amended ordinance is attached as part of this packet.
In addition, Council directed staff to prepare a separate ordinance appointing the candidates listed below to
the DPAC. The appointments include one member from Mayor and Council, four (4) members who are art
professionals and four (4) members made up of business owners or private citizens interested in advancing
public art in Duluth. DPAC membership must at all times contain at least five (5) members who reside in the
City proper. The nine (9) DPAC members are listed below along with the two (2) alternate positions.
Four (4) Art Professionals:
Michael Robbins
Ms. G.G. Gatz
Ms. Vanessa Boggs
Ms. Cindy Brown
Non-City Resident
City Resident
City Resident
City Resident
One (1) Elected official:
Marsha A. Bomar
City Council Member (City Resident)
Non-City Residents:
Katrina Stone
Ashley Lynch
Laura Brown
Non-City Resident
Non-City Resident
Non-City Resident
City Resident:
Randy Wilbur
City Resident
Two (2) Alternates:
Vacant at this time
Aaron Brody
City alternate position
4 year term
Non-City Alternate Position 2 year term
2 year term
4 year term
4 year term
4 year term
4 year term
4 year term
2 year term
2 year term
2 year term
Approval of this item amends Ordinance and further appoints commission members to the Duluth Public Arts
Commission as presented.
2
M&C Agenda
October 14, 2013
Page 3 of 5
5. ORDINANCES TO APPOINT PLANNING COMMISSION & ZBA MEMBERS
In August of this year, staff received a letter of resignation from John Bell relating to his appointment on the
Planning Commission. In response, staff and Planning Commission Chairman Greg Lock reviewed several
applications from interested citizens regarding the opening. Following in person interviews, staff and Chairman
Lock recommend Miguel Figueroa be appointed to the Planning Commission to complete the remainder of Mr.
Bell's term. Mr. Figueroa has served on the Citizens Budget Review Committee and completed the City's
L.E.A.D. program.
The Zoning Code also requires a member of the Planning Commission serve on the Zoning Board of Appeals
(ZBA). Given that Mr. Bell provided this representation, the Council must appoint a current member of the
Planning Commission to the ZBA. Accordingly, approval of this item accepts staff and Chairman Lock’s
recommendation that Alana Moss serve in this capacity.
6. ORDINANCE TO APPOINT FINANCE COMMITTEE MEMBER
Approval of this item accepts the recommendation from staff and Finance Committee on the appointment of
John Howard to fill the position vacated due to resignation of James McKee, term ending March 31st 2017.
Applicant applications were reviewed by the Finance Committee at its regular meeting September 12th.
Finance Committee Chair John Moore was directed to meet with and interview applicant Mr. John Howard.
Mr. Howard is a former Council Member with the City of Covington; is a finance/accounting manager by trade,
lives at Duluth Parc and is retired. Has a keen interest in serving, appears fiscally conservative, and
understands municipal business.
7. RESOLUTION – QUIT CLAIM OF PUBLIC PROPERTY – DALLAS DEVELOPMENT
Approval of this item authorizes the Mayor and City Clerk to execute Quit Claim as presented. During the
property negotiations along McClure Bridge Road, Howell Springs Drive was relocated to create a 90 degree
intersection with McClure Bridge. During the negotiations for right of way and easements, Dallas
Development requested that the small piece of land be quit claimed to them.
8. AUTHORIZATION AND WAIVERS – 2013 CITY EVENTS
Approval of this item acknowledges that the following events are deemed sponsored or cosponsored by the
City of Duluth. Approval of this item waives food service requirements per Section 26-2-370 of the Official
Code of GA, which exempts food vendors from having to obtain said permits provided that the event lasts 120
hours or less. It also waives signage fee and 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. (Alcohol will be permitted only for events or portions of events denoted with an Open or Licensed
Merchant Zone Event designation.) 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 brought in. Licensed Merchant Zone
only allows alcohol to be purchased from the Downtown Licensed Merchants and carried out into the
Downtown area. The following are scheduled events:
October 18, 2013 - Food Truck/Block Party Friday - Main Street Closed from Mathias/Streetsmarts side parking
lot to City Hall at 3:00 pm
October 20, 2013 - GCGMA (Georgia Country & Gospel Music Association) Concert - Licensed Merchant Zone
3
M&C Agenda
October 14, 2013
Page 4 of 5
9. SIGN WAIVER – 2013 CITY EVENTS
Approval of this item waives signage fee and 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
the Annual WCSCC (Womens' Club of Sugarloaf Country Club) Charities Turkey Trot. This is an annual race with
almost 400 runners attending and proceeds going to 4 Duluth charities. For more information:
http://beta.active.com/duluth-ga/running/sugarloaf-country-club-turkey-trot-5k-2013. The Turkey Trot will be
held the morning of November 28th (Thanksgiving Day) at the Sugarloaf Country Club.
10. AUTHORIZATION FOR ROAD NAME CHANGE – HOSPITAL CONNECTOR
Approval of this item authorizes the change of the name of the Hospital Connector to “George Rogers
Avenue.”
11. AUTHORIZATION FOR BID REJECTION – FULL DEPTH RECLAMATION
Bids were solicited for Full Depth Reclamation on various streets within the City and two bids were received.
After careful review, Staff recommends that all bids be rejected and the project rebid. Approval of this item
authorizes the re-bid of this item.
III.
NEW BUSINESS
1. AUTHORIZATION FOR EXENSTION OF CONTRACT – REPUBLIC WASTE SERVICES
Brad Martin with Republic Services requested that the Mayor and Council consider an extension of the current
contract with the following modifications:
1.
2.
3.
4.
5.
6.
7.
No CPI adjustment for residential customers in 2013, 2014 or 2015.
Enhance Recycling Program providing 95-Gallon, wheeled carts collected every other week and an
option to retain an 18-gallon bin collected every week.
Republic to sponsor a yearly recycling event specifically for Duluth and its citizens.
Republic will make available additional recycling carts for city sponsored events, including Fall Festival
Renewal agreement, subject to state law, extends contract to April 31st 2019.
All other definitions, requirements, conditions, etc., remain in full force and effect as they are today.
Provide educational materials that promote recycling and educate citizens on the value of recycling to
entire community.
IV.
MATTERS FROM CITIZENS
V.
MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
1. ORDINANCE TO AMEND THE FY14 BUDGET - $200 – BRP PLAYGROUND
Council approved a project budget of $300,000 for the Bunten Road Park Playground capital project and
subsequently approved a bid award in an amount not to exceed $300,000 to Kidz Zone for renovation of the
playground. Additional incidental expenditures related to this project have and will possibly be incurred.
Mayor and Council are asked to consider a budget amendment to add $200 in additional 2009 SPLOST funds to
this project.
4
M&C Agenda
October 14, 2013
Page 5 of 5
2. ORDINANCE TO AMEND THE FY14 BUDGET - $496,129 - STORMWATER UTILITY
At the end of fiscal year 2013 the City's Stormwater Utility Fund had an unappropriated reserve of $496,129.
Mayor and Council are asked to consider carrying this amount forward to the FY 2014 budget and adding
$63,000 to Stormwater Utility - Approval of this item amends the FY14 Budget for Technical Services, needed
outside consulting services and adding $433,129 to Stormwater Utility - Repairs & Maintenance - Drainage to
support needed stormwater repair projects.
3. LINE ITEM TRANSFER - $110,000
In the FY 2014 Stormwater Utility budget originally approved by the Mayor and Council, funds were budgeted
for the purchase of a vacuum truck. After assessing the Stormwater staff's available time and project
requirements, it was determined that it would be better to contract out the services of a vacuum truck, rather
than purchase one at this time. Mayor and Council are asked to consider a line item transfer of $110,000 from
Stormwater Utility Vehicles to Stormwater Repairs & Maintenance - Drainage $106,500, Stormwater Cell
Phones $500 and Stormwater Computer $3,000.
VI.
ADJOURNMENT
The next scheduled meeting of the Mayor and Council is a work session for October 28th at 5:30 p.m.
5
DRAFT MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
SEPTEMBER 9, 2013
PRESENT:
Mayor Harris, Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock, City
Manager, 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.
Mayor Harris called the meeting to order at 6:15 p.m.
I.
EXECUTIVE SESSION
It was necessary to hold an executive session on Real Estate, Pending/Potential Litigation, Personnel.
A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to adjourn to executive
session at 615 p.m.
Those voting for:
Motion carried.
Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock
After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember
Kelkenberg, to return to regular session at 6:55 p.m.
Those voting for:
Motion carried.
INVOCATION:
Rev. Kipper Tabb, Perimeter Church
PLEDGE OF ALLEGIANCE
II.
ANNOUNCEMENTS
1.
AGENDA CHANGES (IF NECESSARY)
2.
UPCOMING EVENTS
PIO Alisa Williams announced the second “Food Truck Friday” would be this week with performances by
comedians. The Fall Festival concert “Rupert’s Orchestra” is Saturday September 14th, and the annual Fall
Festival is September 28th/29th.
WWW.DULUTHGA.NET
Draft Minutes of the M&C
September 9, 2013
Page 2 of 5
3.
DONATION FOR HANDS OF CHRIST – $350 - CHILI COOK-OFF PROCEEDS
The Mayor and Council recognized and presented the proceeds collected/donated from the annual Chili Cookoff held on the Town Green Thursday, August 22nd to Mary Roberts, Hands of Christ.
In an effort to help spice up the City Council Chili Cook-off several City employees decided to donate crock pots
of chili to raise funds for Hands of Christ Food Pantry. After tasting the delicious entries from the Council,
attendees were tempted to purchase a bowl of chili from the following choices; Kick’n Chicken Chili, Old
Fashioned Chili, Spicy Ale Chili, Warm & Cozy &White Chili, Dos Frijoles Chili , and Good Ole Southern Chili.
There was a minimum donation of $2 per bowl but many philanthropic visitors were much more generous and
the City collected $345. Many thanks to Karen Konsowitz, Steve Lynn, Beth Anne Woodruff, Layla Corley,
Alexis Huntzinger Nash and Crystal Huntzinger for donating the chili.
III.
CEREMONIAL MATTERS
1. PROCLAMATION – NATIONAL PAYROLL WEEK
National Payroll Week is being celebrated this year during the week of September 2 through September 6,
2013. Mayor Harris presented a proclamation honoring the Atlanta Chapter of the American Payroll
Association, specifically in the City of Duluth. National Payroll Week highlights the hard work of these payroll
professionals in their efforts to keep employees in Duluth and the metro Atlanta area paid correctly. Members
also noted the “National Education Day” bringing awareness of payroll practices and forms to the younger
generations.
2. RECOGNITION – “SPIRIT OF GOOD LIVING” AWARD – DAVID GENTRY AND MAYOR SHINER
Mayor Harris, Council, and Parks Director Kathy Marelle recognized David Gentry and Mayor Shiner for their
endless efforts in representing Duluth as Goodwill Ambassadors during City events/ functions while promoting
the "Spirit of Good Living" throughout the community.
Councilmember Kelkenberg announced that David Gentry and Mayor Shiner's list of charitable acts are
endless, but named a few:
 Donated quality paw made pottery for the Silent Auction at the DPAC Gala and the City Zumbathon,
raising funds to benefit the Duluth Arts and Scholarships for youth recreational programs.
 Appearances and Participation at the "State of the City", Rand McNally Road Trip City tour for "Most
Patriotic City," the live broadcast of “11 Alive” Morning Show, annual Fall Festival and Holiday Tree
Lighting, City Council Meetings, Town Green events, Main Street events, and "Ribbon Cuttings" for
City SPLOST projects - the Chattapoochee Dog park, the launch, the round-a -bout, etc.
 David Gentry and Mayor Shiner kept the community informed on local news at the dog park through
their "Barks from the Park" articles.
Collectively their actions, their generosity, and their numerous random acts of kindness have made a
“pawsitive” difference in the community for the well-being of the Duluth citizens!
3. APPRECIATION FOR DONATION – MARTY MITCHELL - CROSS STITCH SCENES
Mayor and Council recognized and thanked Duluth Resident Marty Mitchell for donating four beautiful framed
cross stitch renditions of long ago Duluth. The patterns were sold at Gwinnett Gallery in the 1990’s and are
based on paintings by Ann Parsons Odum. Marty completed the four pieces in 1999: scenes of Old Town
2
September 9, 2013
Page 3 of 5
Duluth circa 1930’s, Ted’s Fruit Stand, The Calaboose and the Train Depot. The City is grateful for her donation
and will hang the four pieces in the Elections/Community Room of City Hall. Ms. Mitchell is moving from
Duluth. She thanked the community for its longstanding support, especially during the time of great need with
her ailing son Brett Lykins.
IV.
CONSENT AGENDA
1. APPROVAL OF AUGUST 12THTH/26TH MINUTES
2. APPROVAL OF SPEED ZONE ORDINANCE
[Exhibit “A”]
Approval of this ordinance allows for the use of speed detection device within city limits. The City is
responsible for the placement of speed limit signs and speed checked by detection device signs to be in place
for thirty days (30) prior to radar use.
3. ACCEPTANCE OF DONATION - $2,000 – MCCANN BASEBALL
Approval of this item accepts a $2,000 donation to the Parks and Recreation department from McCann
Baseball, to be used for student baseball scholarships in support of the Brian McCann Summer Classic at
Bunten Road Park.
A motion was made by Councilmember Kelkenberg, seconded by Councilmember Dugan, to approve the
Consent Agenda as presented.
Those voting for:
Motion carried.
V.
NEW BUSINESS
1. AUTHORIZATION FOR CONTRACT – $79,500 - AMEC
[Exhibit “B”]
Council considered authorizing the Mayor to execute a contract with AMEC for preparation of Zoning Code and
Subdivision/Land Development Regulations.
Earlier this year staff distributed a Request for Proposal (RFP) to three firms seeking estimates for updating the
City's Zoning Code and Subdivision/Land Development Ordinance. A Council appointed committee (comprised
of staff, Planning Commission Chairman Lock, and Council member Kelkenberg) reviewed each of the
proposals and ranked them accordingly. Results of this process have led the committee to recommend that
AMEC be awarded the contract in an amount of $ 79,500 for this work. This is a budgeted item for FY14.
It is anticipated that this project will take approximately 6 to 9 months from contract award to final adoption.
A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to approve
authorizing the Mayor or City Manager to execute the AMEC contract as presented.
Those voting for:
Motion carried.
3
September 9, 2013
Page 4 of 5
VI.
MATTERS FROM CITY MANAGER
City Manager Tim Shearer reported on the following items:



VII.
RFP - Red Clay “Venue/Business Plan”
PARTNERSHIP GWINNETT – Trip to Greenville, SC
DPAC – 9 applicants
MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
1. CONTINGENCY REQUEST - $11,000 - DULUTH LIFE MAILING
The Mayor and Council considered a contingency request in the amount of $11,000 to resume postal mailing
of the Duluth Life publication as recommended by Staff, who feels that the City has experienced a “disconnect”
in communication with citizens since we stopped mailing hard copies of the Duluth Life publication. Staff feels
it is one of our most important communication tools and that we need to resume mailing the publication and
would also like to add our businesses to the mailing list. Previously we had only mailed the publication to
residents. The number of magazines printed will need to be increased, and postage and mail house fees will
need to be added to the budget. Staff is requesting $11,000 be added to the FY14 budget in account 100-10801570-531705 to resume mailing this publication.
A motion was made by Councilmember Jones, seconded by Councilmember Bomar, to approve the
contingency request as presented.
Those voting for:
Motion carried.
2. ‘GREAT DAY OF SERVICE’ KICKOFF PARTY
Councilmember Whitlock announced this Thursday, September 12th would be the Great Day of Service Kick-off
party at Dave & Buster’s in Sugarloaf Mills at 6pm.
3. LEAD APPLICATION DEADLINE EXTENDED
Councilmember Bomar announced the deadline for applications to the LEAD (Learn, Engage, Advance Duluth)
program were extended until tomorrow, September 10th. She encouraged the audience to help spread the
word about this engaging program.
4. DULUTH MATTERS WORKDAY – PARSONS ALLEY
Councilmember Jones announced the (last!) workday scheduled for Parsons Alley this Saturday, September
14th. Councilmember Kelkenberg is providing lunch, and members of DFAL have already begun painting
windows, etc.
VIII.
EXECUTIVE SESSION
It was necessary to hold an additional executive session on Real Estate, Pending/Potential Litigation, and
Personnel.
4
September 9, 2013
Page 5 of 5
A motion was made by Councilmember Kelkenberg, seconded by Councilmember Dugan, to adjourn to
executive session at 7:25 p.m.
Those voting for:
Motion carried.
After the discussion, a motion was made by Councilmember Whitlock, seconded by Councilmember Dugan,
to return to regular session at 9:20 p.m.
Those voting for:
Motion carried.
IX.
ADJOURNMENT
A motion was made by Councilmember Jones, seconded by Councilmember Bomar, to adjourn at 9:21 p.m.
All for. Motion carried unanimously.
The next scheduled meeting of the Mayor and Council is a work session for September 23, 2013 at 5:30 p.m.
Approved this ________ day of ________________________, 2013.
__________________________________________
Mayor Nancy Harris
ATTEST:
_______________________________________
City Clerk Teresa S. Lynn
5
NOTES OF THE WORK SESSION
MAYOR AND COUNCIL
CITY OF DULUTH, GA
SEPTEMBER 23, 2013
Nancy Harris, Mayor
Jim Dugan, Post 2
Billy Jones, Post 3
MAYOR AND CITY COUNCIL WORK SESSION
COMMUNITY ROOM
5:30 pm
PRESENT: Mayor Harris, Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock, Department Directors,
City Attorney
ABSENT:
City Manager
I.
PUBLIC COMMENTS
Ralf Wessel attended the meeting on behalf of the AGCO Corporation to address the number of false alarms that have
happened. He explained that there are roughly 600 employees or visitors at their headquarters at any given time, and
occasionally the international personnel or visitors are there on weekends. Last year there had been over 20 false
alarms and this year less than half.
II.
PRESENTATION
1. PARKS & RECREATION - SUMMER CAMP PROGRAMS
Parks Director Kathy Marelle and Asst. Director Jason Rogers gave an overview of the summer camp programs, including
types of camps, camp revenue, etc. and recommended changes for future summer programs.
The sport-specific camps (such as Tavani soccer, Challenger soccer, and Michael Douglas basketball ) all posted positive
revenue once expenses were deducted. Additionally, the summer day camp program (10 weeks), averaged 164 children
per week and focuses more on “backyard fun” rather than being field-trip based. This allowed for more attendees
without the strain of transportation issues and was more cost effective than the programs in the past have been.
WWW.DULUTHGA.NET
Notes of the Spec Call M&C/Work Sess
September 23 2013
Page 2 of 4
About 54% of the children were City of Duluth residents, with approximately 20-30% repeating on a weekly basis. Mr.
Rogers said that the basic games like foursquare and dodgeball were very popular. Ms. Marelle also noted that the
Bunten Road Park garden started by Helen Jones and Sherri McCann was also very popular with the kids, and that staff
was able to focus on teaching health initiatives with food as well as physical activity. Staff is working on developing a
more stringent policy for discipline but feels that the 2013 summer season was a success.
III.
DISCUSSION ITEMS
1. FALSE ALARM AMENDMENT
Attachment “1”
Police Chief Randy Belcher reported that due to recent concerns relating to the city's current "False Alarm" ordinance fee
structure, staff researched the alarm ordinances from eight (8) other jurisdictions in and around Gwinnett County. It was
staff’s recommendation that the current fee structure be reduced to bring the City's fee structure more in-line with
surrounding communities.
Council agreed with the recommendations, and staff will place this item on the upcoming October agenda for approval.
2. ORDINANCE REGULATING COIN OPERATED AMUSEMENT DEVICES
City Attorney Stephen Pereira explained that our ordinance must be amended to comply with the Georgia Legislature
state law amended in 2012 to clarify state and local regulation of coin-operated amusement devices. The City is not
required to regulate this industry, but state law provides for the opportunity for municipal regulation.
He explained that if the City chooses to regulate businesses with coin-operated amusement devices the City Clerk's office
should expect administrative costs associated with licensing the businesses operating these devices. There would also
be costs associated with enforcement of the ordinance by the City of Duluth Police Department and/or code
enforcement.
The City Attorney was directed to draft amendment to the city’s current ordinance to bring into compliance with state
regulations, but Council agreed that the City will not license or regulate at this time.
3. PROPOSED BOARD APPOINTMENTS – PLANNING COMMISSION, ZONING BOARD OF APPEALS
In August of this year, staff received a letter of resignation from John Bell relating to his appointment on the Planning
Commission. In response, staff and Planning Commission Chairman Greg Lock reviewed several applications from
interested citizens regarding the opening. Following in person interviews, staff and Chairman Lock recommend Miguel
Figueroa be appointed to the Planning Commission to complete the remainder of Mr. Bell's term. Mr. Figueroa has
served on the Citizens Budget Review Committee and completed the City's L.E.A.D. program.
The Zoning Code also requires a member of the Planning Commission serve on the Zoning Board of Appeals (ZBA). Given
that Mr. Bell provided this representation, the Council must appoint a current member of the Planning Commission to
the ZBA. Accordingly, staff and Chairman Lock recommend that Alana Moss serve in this capacity.
Council was agreeable to both appointments, Miguel Figueroa to the Planning Commission and Alana Moss to Zoning
Board of Appeals to fill the vacated term of John Bell, and authorized placement on the October agenda.
2
September 23 2013
Page 3 of 4
4. PROPOSED BOARD APPOINTMENT – FINANCE COMMITTEE
The Finance Committee and staff recommend Council consideration of appointment of Mr. John Howard to fulfill the
unexpired term of Mr. McKee, ending March 31, 2017. Applications were reviewed by the Finance Committee at its
regular meeting September 12th. Finance Committee Chair John Moore was directed to meet with and interview
applicant Mr. John Howard. Mr. Howard is a former Councilmember with the City of Covington, is a finance/accounting
manager by trade, lives at Duluth Parc and is retired. Has a keen interest in serving, appears fiscally conservative and
understands municipal business.
Council authorized the City Clerk to place the appointment of John Howard to fill the vacated term of James McKee
to the Finance Committee on the October Agenda.
IV.
MATTERS FROM CITY MANAGER
1. DULUTH PUBLIC ARTS COMMISSION (DPAC) CANDIDATES
Council was asked to review the DPAC applications and consider the appointments, whether or not to have alternates,
and also select a councilmember to serve on the DPAC. Based on the guidelines approved by Council, the DPAC will
consist of 9 regular members and up to 2 ex-officio members chosen from City Staff. Regular members shall be
appointed by Mayor and Council and shall include one member from Mayor and Council, four (4) members who are art
professionals and four (4) members made up of business owners or private citizens interested in advancing public art in
Duluth. DPAC membership must at all times contain at least five (5) members who reside in the City proper. Of the nine
(9) total applicants, four (4) reside within the City limits and then the council member would be the 5th member residing
within City limits. With nine (9) total applicants and only 8 required, the 9th applicant could be selected as a possible
alternate if needed at a later time and the DPAC guidelines would be modified to reflect an alternate.
Council agreed on the appointments of the following to be placed on the October agenda for consideration for
appointment (* reflects City residency):
Art Professionals (4)
Michael Robbins
Ms. G.G. Gatz
Ms. Vanessa Boggs
Ms. Cindy Brown
Non-City resident
*City Resident
*City Resident
*City Resident
Elected official (1)
Marsha A. Bomar
*City Resident
Interested parties with art interest/experience (4)
Katrina Stone
Ashley Lynch
Laura Brown
Randy Wilbur
Alternate positions (2)
(VACANT at this time)
Aaron Brody
Non-City resident
Non-City resident
Non-City resident
*City Resident
one city and one non-city resident
*City alternate position
Non-City Alternate Position
3
September 23 2013
Page 4 of 4
The ordinance will need to be amended to reflect alternates, and the appointments will be placed on the
October agenda for approval.
V.
ADJOURN TO SPECIAL CALLED MEETING
SPECIAL CALLED MEETING MINUTES
CITY OF DULUTH, GA
Mayor Harris called the meeting to order at 6:30 pm.
I.
EXECUTIVE SESSION
It will be necessary to hold an executive session on Real Estate, Pending/Potential Litigation, Personnel.
A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to adjourn to executive
session at 6:30 p.m.
Those voting for:
Motion carried.
After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember
Kelkenberg, to return to regular session at 8:21 p.m.
Those voting for:
Motion carried.
II. ADJOURNMENT
A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to adjourn at 8:21
p.m.
All for. Motion carried unanimously.
Approved this ________ day of ________________, 2013.
__________________________________________
Mayor Nancy Harris
ATTEST:
_______________________________________
The next scheduled meeting of the Mayor and Council is Monday, October 14th at 7:00 p.m.
4
SPECIAL CALLED MEETING
CITY OF DULUTH, GA
Nancy Harris, Mayor
Jim Dugan, Post 2
Billy Jones, Post 3
COUNCIL CHAMBERS
OCTOBER 4, 2013
5:00 pm
PRESENT:
Mayor Harris, Council members Dugan, Jones, Kelkenberg and Whitlock, Chief of Police, City
Clerk, PR/Marketing Director, City Attorney
ABSENT:
Council member Bomar
I.
MATTERS FROM MAYOR AND COUNCIL
1.
AUTHORIZATION TO TERMINATE CONTRACT – CITY MANAGER
The Mayor and Council considered termination of the employment contract with the City Manager. No
further comments or discussion was held.
A motion was made by Councilmember Whitlock, seconded by Councilmember Jones, to approve
terminating the employment contract with the City Manager effective immediately.
Those voting for:
Motion carried.
II.
Council members Dugan, Jones, Kelkenberg and Whitlock
EXECUTIVE SESSION
It was necessary to hold an executive session on Real Estate, Pending/Potential Litigation, Personnel.
A motion was made by Councilmember Whitlock, seconded by Councilmember Dugan, to adjourn to
executive session at 5:05 p.m.
Those voting for:
Motion carried.
WWW.DULUTHGA.NET
Draft Minutes Spec Call M&C
October 4, 2013
Page 2 of 2
After the discussion, a motion was made by Councilmember Kelkenberg, seconded by Councilmember
Whitlock, to return to regular session at 6:15 p.m.
Those voting for:
Motion carried.
III.
ADJOURNMENT
A motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock, to adjourn at
6:15 p.m.
Those voting for:
Motion carried.
ter
Approved this ________ day of ________________________, 2013.
__________________________________________
Mayor Nancy Harris
ATTEST:
_______________________________________
2
ORDINANCE
WHEREAS, the Mayor and Council of the City of Duluth, finds that excessive false alarms
unduly burden the Duluth Police Department’s limited law enforcement resources and that it is
necessary to establish reasonable expectations of alarm users and to ensure that alarm users are
held responsible for their use of alarm systems; and
WHEREAS, since the initial adoption of the excessive alarm ordinance the City of Duluth has
determined that it is in the best interest of the City of Duluth and it citizens to amend the
penalties set forth in the ordinance.
NOW THEREFORE, The Mayor and Council of the City of Duluth, Georgia hereby ordain that
the Code of Ordinances of the City of Duluth is hereby amended by deleting in its entirety
Section 11-84, Article IV of Chapter 11 and replacing the same with the following new Section
11-84, Article IV of Chapter 11 as shown below:
Sec. 11-84. - Enforcement of provisions.
(a) Upon a finding of a violation of any provision of this article the city police department shall
be authorized to issue a citation of violation which shall be thereafter prosecuted in the city
municipal court.
(b) Violations of section 11-83 shall be punished by up to thirty (30) days of incarceration
and/or fines in the following amounts:
Third false alarm in any one calendar year .....$50.00
Fourth false alarm in any one calendar year .....$50.00
Fifth false alarm in any one calendar year .....$100.00
Sixth false alarm in any one calendar year .....$100.00
Seventh false alarm in any one calendar year…$125.00
Eight or greater false alarm in any one calendar year ...$150.00
(c) No fine issued for any violation under this article shall exceed one thousand dollars
($1,000.00).
(d) Other penalty(ies). Except as provided in subsection (c) above, violations of this article may
be enforced through the assessment of fines in the amount of one hundred dollars ($100.00) per
violation.
This ordinance shall take effect on upon passage by the Mayor and Council.
M&C Meeting 10/14/13
Page 1 of 2
IT IS SO ORDAINED this _____ day of __________________, 2013.
___________________________________
Mayor Nancy Harris
ATTEST:
________________________________
Teresa Lynn, City Clerk
___________________________
Council Member Dugan
_____________________________
Council Member Anderson Bomar
_____________________________
Council Member Kelkenberg
_____________________________
Council Member Jones
_____________________________
Council Member Whitlock
STATE OF GEORGIA
CITY OF DULUTH
WHEREAS, the duly elected governing authority of the City of Duluth, Georgia is
authorized by O.C.G.A. § 48-17-17 to adopt ordinances regarding bona fide coin
operated amusement machines; and
WHEREAS, the City has conducted analysis on the matter and desires to adopt
further and more effective regulatory provisions in regard to amusement game rooms in
the City; and
WHEREAS, this ordinance is adopted to address the interests of public health,
welfare, and safety of the citizens of the City of Duluth
NOW THEREFORE, the Mayor and City Council find that in the interests of the
public safety the immediate enactment of this ordinance by reasonable means, as
allowed under state law, and not unduly oppressive is necessary to protect the health,
safety, morals, and general welfare of the citizens of the city and HEREBY ORDAIN that
the City of Duluth Code of Ordinance is hereby amended by deleting in its entirety
Article IV of Chapter 7 and replacing this Article with a new Article IV to Chapter 7,
Sections 7-95 through 7-112 to read as follows:
SECTION ONE
Article IV, Chapter 7
Sec.7-95 Short Title.
This Article shall be known as the “Duluth, Georgia Bona Fide Coin Operated
Amusement Machine Ordinance.”
Sec. 7-96.
Gambling Devices Prohibited.
Gambling Devices, as that term is defined in O.C.G.A. § 16-12-20(2) are
prohibited in the City, and the ownership, use, or transport thereof shall be a
misdemeanor pursuant to state law, except as exempted pursuant to O.C.G.A. § 16-1235(a) through (k).
Sec. 7-97.
Gambling Places Prohibited.
M&C Meeting 10/14/13
Page 1 of 10
Gambling Places, as that term is defined in O.C.G.A. § 16-12-20(3) are
prohibited in the City, and the operation thereof shall be a misdemeanor pursuant to
state law.
Sec. 7-98.
Definitions.
The following words, terms, or phrases, when used in this Ordinance, shall have
the meaning ascribed to them in this Section, except where the context clearly indicates
a different meaning:
(a)
Amusement Game Room means any location as provided in O.C.G.A. § 16-1235(b), (c) or (d) where one or more Bona Fide Coin Operated Amusement Machines
are operated that permit non-cash redemption as provided in O.C.G.A. § 16-1235(d)(1)(B), (C), or a combination thereof.
(b)
Bona Fide Coin Operated Amusement Machine means the same as this term
is defined in O.C.G.A. § 50-27-70(b)(2)(A) and (B) and any applicable regulations of the
State of Georgia. Examples of Bona Fide Coin Operated Amusement Machines
include, but are expressly not limited to, the following:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
Pinball machines;
Console machines;
Video games;
Crane machines;
Claw machines;
Pusher machines;
Bowling machines;
Novelty arcade games;
Foosball or table soccer machines;
Miniature racetrack, football or golf machines;
Target or shooting gallery machines;
Basketball machines;
Shuffleboard machines;
Kiddie ride games;
Skee-Ball® machines;
Air hockey machines;
Roll down machines;
Trivia machines;
Laser games;
Simulator games;
Virtual reality machines;
Maze games;
Racing games;
Coin operated pool table or coin operated billiard table as defined in
paragraph (3) of O.C.G.A. § 43-8-1; and
Any other similar amusement machine which can be legally
operated in Georgia.
The term “coin operated amusement machine” does not include the following:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
Coin operated washing machines or dryers;
Vending machines which for payment of money dispense products
or services;
Gas and electric meters;
Pay telephones;
Pay toilets;
Cigarette vending machines;
Coin operated vending machines;
Coin operated scales;
Coin operated gumball machines;
Coin operated television sets which provide cable
or network programming;
Coin operated massage beds; and
Machines which are not legally permitted to be operated in Georgia.
(c)
Location means a business within the City that has complied with the provisions
of the ordinances of the City relating to occupation taxes and business licenses and the
entire office or area of the business in any one location owned or leased by the same
proprietor or proprietors where the Lessor or Lessors allow the space to be used for
business purposes.
(d)
Location owner or location operator means an owner or operator of a
business where one or more bona fide coin operated amusement machines are
available for commercial use and play by the public, or shall have the same definition as
found in the Official Code of Georgia, Annotated, Section 50-27-70, should that
definition differ.
Sec. 7-99.
Occupation Tax Required.
No person, firm or corporation shall engage in the business of an owner or
proprietor of Amusement Game Room, as the term is herein defined, without first having
completed the occupation tax certificate application form, paid the required occupational
tax and obtained an occupational tax certificate.
Sec. 7-100.
Minimum Distance Requirements.
(a)
Every Amusement Game Room in the City shall comply with the proximity
provision for business licensed to sell alcohol set out in O.C.G.A. § 3-3-21. At a public
meeting, the Mayor and Council may waive the application of this provision to an
individual location if no alcohol is served or sold at such Location.
(b)
Every Amusement Game Room in the City shall comply with the proximity
provision for businesses licensed to sell alcohol as set out in Chapter 3 of the Code of
Ordinances of the City. At a public meeting, the Mayor and Council may waive the
applicability of this provision to an individual Location if no alcohol is served at such
Location.
Sec. 7-101.
Number of Bona Fide Coin Operated Amusement
Machines at a Location.
No Amusement Game Room in the City shall offer to the public more than nine (9)
Class B Bona Fide Coin Operated Amusement Machines offering non-cash redemption
in accordance with O.C.G.A. § 16-12-35(c) and (d)(1)(2), or both at the same Location.
At a public meeting, the Mayor and Council may, after consideration of the nature and
character of the business, waive the applicability of this provision to an individual
Location.
Sec. 7-102.
Gross Receipts from Bona Fide Coin Operated
Amusement Machines and from Business.
(a)
Every Amusement Game Room shall keep records available for inspection by
City officials that set out separately annual gross receipts for the Class B amusement
games and the other products and services sold at the Location.
(b)
Any location owner or location operator subject to Official Code of Georgia,
Section 50-27-84(b)(1) is hereby required to provide a monthly report to the City Clerk.
Such report shall indicate the monthly gross retail receipts for each business location
located within the jurisdiction of the city and shall be due by the twentieth day of each
month, subsequent to the month in which the sales have taken place. In addition, each
owner or operator must allow the local government an annual audit of the reports from
the owner or operator to the Lottery Corporation.
(c)
No location owner or location operator may derive more than 50 percent of such
location owner’s or location operator’s monthly gross retail receipts for this business
location in which the Class B machines are situated from such Class B machines and
any location owner or location operator found in violation of such provision may be fined
and may have any city issued license suspended or revoked as allowed under this
article. Compliance with this section requires both the availability of records for
inspection and compliance with the fifty (50%) percent of gross retail receipts
requirement. Any violations of this provision shall be reported to the Georgia Lottery
Corporation.
Sec. 7-103
Notice Requirements.
(a)
Every Amusement Game Room shall post a conspicuous sign with the
following or substantially similar language:
‘GEORGIA LAW PROHIBITS GIVING OR RECEIPT OF ANY MONEY
FOR WINNING A GAME OR GAMES ON AN AMUSEMENT MACHINE;
GIVING OR RECEIPT OF MONEY FOR FREE REPLAYS WON ON AN
AMUSEMENT MACHINE; GIVING OR RECEIPT OF MONEY FOR ANY
MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY
WON ON ANY AMUSEMENT MACHINE; OR AWARDING ANY
MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY OF
A VALUE EXCEEDING $5.00 FOR A SINGLE PLAY OF AN
AMUSEMENT MACHINE.’
(b)
Every Amusement Game Room shall post the license issued by the City
conspicuously and permanently.
(c)
The owner or proprietor of each Amusement Game Room shall inform
every employee of the acts and omissions prohibited by O.C.G.A. § 16-12-35 and by
this Ordinance, and of the penalties for violation of O.C.G.A. § 16-12-35 and this
Ordinance.
Sec. 7-104.
Compliance with O.C.G.A. Provisions Relating to Master
Licenses, Location Licenses, and Stickers for
Individual Machines.
Bona Fide Coin Operated Amusement Machines may be used in an Amusement
Game Room within the City only if the machines are owned by a person who holds a
valid master license in accordance with O.C.G.A. § 50-27-71, and each machine offered
to the public for play has a valid permit sticker in accordance with O.C.G.A. § 50-27-78.
In addition, the business owner where the machines are available for play by the public
must pay a location license fee in order to obtain a valid location license in accordance
with O.C.G.A. § 50-27-71 (a.1) and (b). The City Clerk and/or Chief of Police shall notify
the State Commissioner of Revenue of any observed violation of O.C.G.A. § 50-27-71or
§ 50-27-78.
Sec. 7-105.
Criminal Penalties for Violations by Owners or Operators of
Amusement Game Rooms.
(a)
Penalties for violation of the provisions of this Ordinance by the owner or
operator of an Amusement Game Room, after conviction in the Municipal Court of the
City, or other court of competent jurisdiction are as follows:
(1)
violation.
First Offense: Fine not to exceed Five Hundred ($500.00) Dollars for each
(2)
Second Offense: Fine not to exceed Seven Hundred Fifty ($750.00)
Dollars for each violation, suspension of the owner or operator’s license for offering any
amusement game at the Location for not more than three (3) months, or both.
(3)
Third Offense: Fine not to exceed One Thousand ($1,000.00) Dollars for
each violation, suspension or permanent revocation of the owner or operator’s license
for offering any amusement game at the Location, or suspension of other permits and
licenses granted by the City for not more than six (6) months, or any combination of
these penalties.
(b)
The fines listed in the penalties for violation of this Ordinance may be
imposed by the Judge of the Municipal Court of the City, or the judge of any other court
of competent jurisdiction.
(c)
Offering one or more Bona Fide Coin Operated Amusement Machine
games in violation of an order suspending or revoking the license for the offering of any
amusement game at the Location is punishable, after conviction in the Municipal Court
of the City, by a fine not to exceed One Thousand ($1,000.00) Dollars, imprisonment
not to exceed thirty (30) days, or both such fine and imprisonment.
Sec. 7-106
Penalties for Violations by Those Who Play Bona Fide
Coin Operated Machines in Violation of Law or
Ordinance.
The Municipal Court of the City, or any other court of competent jurisdiction is
authorized to impose the following penalties on any person convicted of receiving
money as a reward for the successful play or winning of any Bona Fide Coin Operated
Amusement Machine from any person owning, possessing, controlling or overseeing
such Bona Fide Coin Operated Amusement Machine or any person employed by or
acting on behalf of a person owning, possessing, controlling or overseeing a Bona Fide
Coin Operated Amusement Machines:
(1)
First Offense: Fine not to exceed Two Hundred Fifty ($250.00) Dollars for
each violation.
(2)
Second and Subsequent Offense: Fine not to exceed Five Hundred
($500.00) Dollars for each violation.
Sec. 7-107.
Operating Regulations.
All businesses operating as an Amusement Game Room hereunder shall be
subject to the following regulations:
(a) Devices to Be Kept in Plain View; Gambling Devices Prohibited. All bona
fide coin operated amusement machines shall at all times be kept and placed in plain
view of and open and accessible to any person(s) who may frequent or be in any place
of business where such machines are kept or used. Nothing in this section shall be
construed to authorize, permit or license any gambling device of any nature whatsoever.
(b) Inspection. The chief of police and/or city clerk or their designees may
inspect or cause the inspection of any location in which any such bona fide coin
operated amusement machine(s) are operated or set up for operating, and may inspect,
investigate and test such machines as needed.
(c) Attendant Required. It shall be unlawful for any location owner or location
operator to open the location to the public unless an attendant is present. Said
attendant shall be of sufficient mental and physical capacity so as to be able to provide
aid to patrons if needed or desired. Said attendant shall not be less than 18 years of
age.
(d) Loitering. As used in this section, “loitering” shall mean remaining idle in
essentially one location and shall include the concepts of spending time idly, loafing or
walking about aimlessly, and shall be unlawful for any person, firm or corporation
licensed to operate an Amusement Game Room to permit loitering on or in the
immediate vicinity of any machine or business premises regulated hereunder in such a
manner as to:
(1) Create or cause to be created a danger of a breach of the peace;
(2)
Create or cause to be created any disturbance of the peace, as defined by
law;;
(3) Obstruct the free passage of pedestrians or vehicles;
(4) Obstruct, molest or interfere with any person lawfully in a public place.
(5) Shirt and shoes required. All location owners and location operators shall
require shirts and shoes to be worn at all times by any person frequenting their location.
Sec. 7-108. Licenses and Permits Nontransferable.
(a) Licenses required in this article are nontransferable. All businesses that
have bona fide coin operated amusement machines on the premises shall display, in
plain view, the current Amusement Game Room license and occupational tax certificate
issued by the City.
(b) The issued license shall not be transferred to another owner at the same site
within the City. A new owner or proprietor must first obtain a new license if they are
going to operate in the same or different location in the City.
Sec. 7-109
Enforcing Officer.
The chief of police and city clerk or their designees are hereby designated as the
enforcement officers and shall work together to execute all requirements of this article.
SECTION TWO
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION THREE
If any section, clause, sentence or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this ordinance.
SECTION FOUR
This ordinance shall become effective immediately upon its adoption by the City
Council.
SO ORDAINED, this ____ day of __________________, 2013
______________________________
Mayor
City of ___________________
ATTEST:
_____________________________
Clerk of Council
ORDINANCE
TO AMEND THE MEMBERSHIP FOR THE DULUTH PUBLIC ART COMMISSION
WHEREAS, the Mayor and Council of the City of Duluth adopted a Duluth Public Art
Ordinance on March 11, 2013; and
WHEREAS, said Ordinance adopted by the Mayor and Council of the City of Duluth on March
11, 2013 did create the “Duluth Public Art Commission” (hereinafter “DPAC”); and
WHEREAS, the Mayor and Council of the City of Duluth desires to add two alternate positions
to said DPAC and to take any and all action necessary to authorize said authority to exercise all
of the powers granted to said authority in the initial Ordnance creating said Commission and as
provided by Georgia law;
NOW THEREFORE, The Council of the City of Duluth hereby ordains that the Duluth Code of
Ordinances is hereby amended by deleting in its entirety Section 2-260 of Article XII, Chapter
12 of the Duluth Code and replacing same with a new Section 2-260 of Article XII, Chapter 12
to read as follows:
Section 2-270 Membership, Appointment, Terms
a.
The Duluth Public Arts Commission, hereinafter known as "DPAC” shall be made up of
nine (9) regular members, two (2) alternates and up to two (2) ex officio members chosen
from City staff.
1.
Regular members shall be appointed by Mayor and Council and shall include:
one (1) member of the Mayor and Council, four (4) members who are art
professionals (artist, performing artist, architect, landscape architect, curator, arts
writer, arts educator, arts administrator or individual with a college level degree in
an art field) four (4) members made up of business owners or citizens.
2.
DPAC membership must at all times contain at least five (5) members who are
citizens of the City of Duluth.
b.
DPAC members shall serve four year terms and the membership terms shall be staggered.
To achieve staggered appointments the initial appointments to DPAC shall have five (5)
members and one (1) alternate appointed to four (4) year terms and four (4) members and
one (1) alternate appointed to two (2) year terms.
c.
Members of DPAC serve at the pleasure of Mayor and Council and may be removed and
replaced by Mayor and Council with or without cause at any time.
d.
e.
f.
Members of DPAC shall be subject to the same term limits as other Boards in the City as
set forth in Section 2-49 of this code.
DPAC members shall be subject to and comply with the Code of Ethics found in Chapter
2, Article X, of the of this Code.
DPAC members are volunteers and shall serve without compensation or
reimbursement for personal expenses, unless specifically approved by the City Council.
IT IS SO ORDAINED THIS _14th_ DAY OF _October_, 2013
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
Those voting for:
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
Those voting against:
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
ORDINANCE
CITY OF DULUTH
DULUTH PUBLIC ART COMMISSION
WHEREAS, Section 2-270 of the Duluth Code of Ordinances establish that the Duluth Public Art
Commission , hereinafter known as "DPAC” shall be made up of nine (9) regular members, two (2)
alternates and up to two (2) ex officio members chosen from City staff. Regular members shall be
appointed by Mayor and Council and shall include: One (1) member of the Mayor and Council, four (4)
members who are art professionals (artist, performing artist, architect, landscape architect, curator, arts
writer, arts educator, arts administrator or individual with a college level degree in an art field) four (4)
members made up of business owners or citizens. DPAC membership must at all times contain at least
five (5) members who are citizens of the City of Duluth and;
WHEREAS, accoding to Section 2-270 of the Duluth Code of Ordinances, DPAC members shall serve
four year terms and the membership terms shall be staggered. To achieve staggered appointments the
initial appointments to DPAC shall have five (5) members and one (1) alternate appointed to four (4)
year terms and four (4) members and one (1) alternate appointed to two (2) year terms. Initial terms to
align with standard annual board appointments commencing in March and;
WHEREAS, Sec. 2-49 of the Duluth Code of Ordinances “Term Limits for Boards and Comminsions”
limits service to a maximum of fourteen (14) consecutive years. DPAC members serve without
compensation.
NOW THEREFORE, , the Mayor and Council of the City of Duluth hereby ordains that the following
individual(s) be appointed as members of the DPAC and are authorized to serve in said position(s) unless
a majority vote of Council removes such member(s).
Four (4) Art Professionals:
Michael Robbins
Non-City Resident
Ms. G.G. Gatz
City Resident
Ms. Vanessa Boggs
City Resident
Ms. Cindy Brown
City Resident
One (1) Elected official:
Marsha A. Bomar
City Council Member (City Resident)
Non-City Residents:
Katrina Stone
Non-City Resident
Ashley Lynch
Non-City Resident
Laura Brown
Non-City Resident
City Resident:
Randy Wilbur
City Resident
Two (2) Alternates:
Vacant at this time
City alternate position
Aaron Brody
Non-City Alt Position
2 year term
4 year term
4 year term
4 year term
March 31, 2016
March 31, 2018
March 31, 2018
March 31, 2018
4 year term
March 31, 2018
4 year term
2 year term
2 year term
March 31, 2018
March 31, 2016
March 31, 2016
2 year term
March 31, 2016
4 year term
2 year term
March 31, 2018
March 31, 2016
IT IS SO ORDAINED this 14th day of October, 2013.
____________________________________
Mayor Nancy Harris
ATTEST: _______________________________
City Clerk Teresa Lynn
ORDINANCE
CITY OF DULUTH
PLANNING COMMISSION
Pursuant to Section 2201 of the Duluth Zoning Ordinance, the Mayor and Council hereby
ordains that the following individuals be appointed as members of the Planning Commission of
the City of Duluth, GA to fill the unexpired terms of John Bell and unexpired term of Alana
Moss (alt), and are authorized to serve in said positions for a four year term, unless a majority
vote of Council removes such member.
Alana Moss
Miguel Figueroa (alt)
March 31, 2014
March 31, 2015
Current board members and their terms are as follows:
Greg Lock
David Marshall
Gary Canter
Ray Williams
Terms Served
(4/11—3/14)
(4/10—3/13)(4/13-3/15)
(4/10—3/13)(4/13-3/17)
(4/13-3/17)
Term Expires
March 31, 2014
March 31, 2015
March 31, 2017
March 31, 2017
____________________________________
Mayor Nancy Harris
ATTEST: _______________________________
ORDINANCE
CITY OF DULUTH
ZONING BOARD OF APPEALS
Pursuant to 2012 Amendment to Chapter 17: Zoning; Amending Section 1801: Zoning Board of
Appeals, the Mayor and Council hereby ordains that the following individuals be appointed as
members of the Zoning Board of Appeals for the City of Duluth, GA to fill the unexpired term of
John Bell and are authorized to serve in said positions unless a majority vote of Council removes
such member.
Duluth Code Sec. 2-49 - “Term Limits for Boards and Commissions” (established 2012)
Service on each and every board, authority, commission or committee of the City of Duluth shall
be limited to three consecutive full four year terms. Four year terms to begin at the time of term
expiration after 2012. In no event shall a member serve over fourteen (14) consecutive years
after 2012.
Alana Moss
(3/00-3/03)(4/03-3/06)(3/05-3/06)(3/08-3/09)(4/09-3/12)
March 31, 2014
Current board members and their terms are as follows:
Terms Served
Term Expires
Carey Fisher
(3/08-3/09)(3/09-3/12)(4/11—3/14)(3/13-3/15)
Kirkland McDaniel
(3/13-3/15)
Ken Wilson
(4/11—3/14)
Marline Santiago Cook (4/10-3/13)(3/13-3/17)
K.C. Callaway
(4/10-3/13)(3/13-3/17)
March 31, 2015
March 31, 2015
March 31, 2014
March 31, 2017
March 31, 2017
IT IS SO ORDAINED this 14th day of October, 2013
____________________________________
Mayor Nancy Harris
ATTEST: _______________________________
ORDINANCE
CITY OF DULUTH
FINANCE COMMITEE
Section 2-96 of the Duluth Code of Ordinances establish that the Finance Committee be comprised of up
to eight (8) members, and shall consist of two (2) members of the governing body, one (1) to four (4) city
residents with investment experience, may consists of up to two (2) business owners with a current city
occupational tax certificate and two (2) city residents, one designated as an alternate.
Sec. 2-49 Term Limits for Boards and Comminsions (established 2012)
Service on each and every board, authority, commission or committee of the City of Duluth shall be
limited to three consecutive full four year terms. Four year terms to begin at the time of term expiration
after 2012. In no event shall a member serve over fourteen (14) consevutive years after 2012.
Therefore, the Mayor and Council of the City of Duluth hereby ordains that the following individual be
appointed as member of the Finance Commitee to fill the unexpired term of James McKee and is
authorized to serve in said position unless a majority vote of Council removes such member. For
those appointed under 2-96(b) (2), the business and resident members, compensation shall be $25 per
session for up to four meetings per year.
John Howard
March 31, 2017
Current members of this Committee and expiration dates are:
Terms Served
John Andrew Monk (business) (3/13 filled unexpired term B Carroll)
John Moore (business)
(3/10-3/12)
Susan Holland (resident) (alt) (3/08-3/09) (3/09-3/11) (3/11-3/13) (3/13-3/17)
Term Expires
March 31, 2014
March 31, 2014
March 31, 2017
Billy Jones (governing body)
Kelly Kelkenberg (governing body)
Ken Sakmar (City Finance)
Ed Johnson (City HR)
March 31, 2014
March 31, 2014
(permanent)
(permanent)
____________________________________
Mayor Nancy Harris
ATTEST: _______________________________
RESOLUTION OF ABANDONMENT OF MUNICIPAL PROPERTY
WHEREAS, the Mayor and Council of the City of Duluth, Georgia have determined that
certain property along Howell Springs Drive near that road’s intersection with McClure Bridge
Road and more fully described in Exhibit “A” attached hereto is a narrow strip of land, so shaped
and so small as to be incapable of being used independently as zoned or under applicable
subdivision or other development ordinances and;
WHEREAS, the Mayor and Council of the City of Duluth have entered into an agreement
with Dallas Development Inc. providing that in exchange for certain road right of way required for
the City to complete road improvements on McClure Bridge Road that the City would at the
completion of the road improvement project convey any surplus property created by the
realignment to Dallas Development Inc.
WHEREAS, the Mayor and Council of the City of Duluth have determined that
conveyance of the property described in Exhibit “A” to the only abutting property owner, Dallas
Development Inc. is in the best interest of the City and in accord with O.C.G.A. § 36-37-6;
NOW THEREFORE, the Council of the City of Duluth hereby resolves and ordains that
the parcel along Howell Springs Drive, as shown in the marked area on Exhibit “A” which is
attached hereto and incorporated herein by reference, should be conveyed to Dallas Development,
Inc. for the sum of one dollar ($1.00). This action is taken pursuant to O.C.G.A. §36-37-6 (g)
following proper notice to all property owners abutting said property. This conveyance shall be
subject to any and all previous utility easements conveyed to Gwinnett County or any other public
or private entity or franchise holder and these easements or other property rights previously
conveyed shall not be extinguished or altered by this action.
IT IS FURTHER RESOLVED AND ORDAINED that the Council hereby authorizes the
Mayor, City Administrator, City Clerk and the City Attorney to take such action and execute such
documents as are necessary to complete the conveyance of the property in accordance with the
laws of the State of Georgia. Any deed disposing of said property shall be a Quitclaim Deed and
shall contain a provision that the transfer is subject to all existing easements.
IT IS SO RESOVLED AND ORDAINED this
14th
day of October, 2013.
__________________________________________
Mayor Nancy Harris
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
Resolution of Abandonment
Howell Springs/McClure Br
__________________________________________
Councilmember Marsha Anderson Bomar
__________________________________________
Councilmember Jim Dugan
__________________________________________
Councilmember Billy Jones
__________________________________________
Councilmember Kelly Kelkenberg
__________________________________________
Councilmember Greg Whitlock
ATTEST:
__________________________________
City Clerk – Teresa Lynn
Resolution of Abandonment
Howell Springs/McClure Br
Return to:
Thompson, Sweeny, Kinsinger
& Pereira P.C.
P.O. Drawer 1250
Lawrenceville, GA 30046
STATE OF GEORGIA
COUNTY OF GWINNETT
QUIT-CLAIM DEED
THIS INDENTURE, made the 14th day of October, in the year two thousand thirteen,
between
CITY OF DULUTH, GEORGIA,
a Georgia Municipal Corporation
of the County of Gwinnett and State of Georgia, as party or parties of the first part, hereinafter
called Grantor, and
DALLAS DEVELOPMENT, INC.
of the County of Gwinnett and State of Georgia, as party or parties of the second part, hereinafter
called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, successors
and assigns where the context requires or permits).
WITNESSETH that: Grantor, for and in consideration of the sum of ONE DOLLAR
($1.00) AND OTHER VALUABLE CONSIDERATIONS in hand paid at and before the sealing
and delivery of these presents, the receipt whereof is hereby acknowledged, by these presents
does hereby remise, convey and forever QUITCLAIM unto the said Grantee
All that tract or parcel of land lying and being in Land Lot 322 of the 6th Land District of
Gwinnett County, Georgia, and being more particularly described as follows:
-1-
Beginning at a point which is the intersection of the mitered northerly right of way of
McClure Bridge Road with the westerly right of way of Howell Springs Road and from
that running South 80º 59’ 49” West a distance of 23.86 feet to a point; thence running
North 09º 24’ 20” West a distance of 140.27 feet to a point; thence running South 19º 02’
55” East a distance of 142.45 feet to the point of beginning. Said tract of land being a
triangular shaped parcel as outlined in red on the attached plat which is incorporated
herein by reference and includes the property lying between the existing right of way of
Howell Springs Drive and the former right of way of Howell Springs Drive. Said
property being a remnant following the realignment of the intersection of Howell Springs
Drive and McClure Bridge Road.
THIS DEED IS GIVEN TO RELEASE THE ABOVE DESCRIBED PROPERTY
FROM ANY CLAIM BY THE CITY OF DULUTH FOR USE AS A PUBLIC OR PRIVATE
ROAD, STREET OR HIGHWAY. NOTHING HEREIN IS INTENDED TO INTERFERE
WITH ANY EXISTING PUBLIC UTILITY EASEMENTS INCLUDING BUT NOT LIMITED
TO THOSE FOR WATER, GAS, SEWERAGE OR DRAINAGE. THIS CONVEYANCE
WAS AUTHORIZED BY RESOLUTION OF THE CITY COUNCIL OF DULUTH
APPROVED AT A REGULAR MEETING HELD ON __________.
TO HAVE AND TO HOLD the said described premises to Grantee, so that neither
Grantor nor any person or persons claiming under Grantor shall at any time, by any means or
ways, have, claim or demand any right or title to said premises or appurtenances, or any rights
thereof.
IN WITNESS WHEREOF, the Grantor has signed and sealed this deed, the day and year
above written.
Signed, sealed and delivered
in the presence of:
CITY OF DULUTH, GEORGIA
_______________________________
Unofficial Witness
By:____________________________________
Mayor
_______________________________
Notary Public
Attest:__________________________________
City Clerk
[NOTARIAL SEAL]
[SEAL]
-2-
By Teresa Lynn at 2:38 pm, Oct 08, 2013
Ordinance
Amendment to the City of Duluth
2014 Fiscal Year Budget
AN ORDINANCE TO AMEND THE 2014 ANNUAL BUDGET FOR THE
CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF
THE STATE OF GEORGIA.
THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of
Duluth, Georgia, has previously adopted a budget for the 2014 fiscal year as follows:
Total Revenues:
70,834,393
Operations Expenditures:
20,382,390
Capital Improvement Expenditures:
50,452,003
Total Expenditures:
70,834,393
For a balanced budget in compliance with the laws of the State of Georgia.
WHEREAS the City of Duluth approved a budget and awarded a contract in the amount of
$300,000 for the construction of the playground at Bunten Road Park; and
WHEREAS additional incidental expenditures related to this project have and will possibly
be incurred; and
WHEREAS it is requested that an additional $200 in 09 SPLOST funds be added to the
Bunten Road Playground capital project; and
NOW THEREFORE, the City of Duluth 2014 Fiscal Year Budget is amended as follows:
Total Revenues & Prior Yr Reserves
70,834,593
20,382,390
50,452,203
Total Expenditures:
70,834,593
Budget Amendment, p2
BE IT ORDAINED, that the 2014 City of Duluth Annual Budget be officially amended.
DULY ADOPTED this 14th day of October, 2013.
______________________________________
Mayor Nancy Harris
Councilmember(s) in favor:
Councilmember(s) opposing:
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
ATTEST:
____________________________________
Ordinance
Amendment to the City of Duluth
2014 Fiscal Year Budget
AN ORDINANCE TO AMEND THE 2014 ANNUAL BUDGET FOR THE
CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF
THE STATE OF GEORGIA.
THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of
Duluth, Georgia, has previously adopted a budget for the 2014 fiscal year as follows:
Total Revenues:
70,834,593
20,382,390
50,452,203
Total Expenditures:
70,834,593
For a balanced budget in compliance with the laws of the State of Georgia.
WHEREAS the City’s Stormwater Utility Fund had a prior year reserve of $496,129 at
June 30, 2013; and
WHEREAS it is requested that this amount be carried forward to the FY 2014 budget and
$63,000 be added to Stormwater Utility – Technical Services for needed outside consulting
services and $433,129 be added to Stormwater Utility – Repairs & Maintenance – Drainage
to support needed stormwater repair projects; and
NOW THEREFORE, the City of Duluth 2014 Fiscal Year Budget is amended as follows:
Total Revenues & Prior Yr Reserves
71,330,722
20,382,390
50,948,332
Total Expenditures:
71,330,722
Budget Amendment, p2
BE IT ORDAINED, that the 2014 City of Duluth Annual Budget be officially amended.
DULY ADOPTED this 14th day of October, 2013.
______________________________________
Mayor Nancy Harris
Councilmember(s) in favor:
Councilmember(s) opposing:
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
ATTEST:
____________________________________
LINE ITEM TRANSFER REQUEST FORM
TOTAL AMOUNT TRANSFERRED
$110,000.00
PDP/ACCOUNT NUMBER TRANSFERRED FROM:
Account Number
506-4320-542200
Description
Vehicles
Amt.
$110,000.00
PDP/ACCOUNT NUMBER TRANSFERRED TO:
Account Number
506-4320-522209
506-4320-523203
506-4320-542400
JUSTIFICATION FOR REQUEST:
Description
Repairs & Maintenance - Drainage
Cell Phones
Computers
Amt.
$106,500.00
$500.00
$3,000.00
Staff has determined that it would be better to contract out the services
for a vacuum truck, rather than purchase one a this time. It is also requested that some of these funds be allocated
to purchase needed computer equipment and cell phone reimbursement
IF $3,000 OR LESS
DEPARTMENT HEAD SIGNATURE
DATE
IF $10,000 OR LESS (Within PDP)
CITY MANAGER SIGNATURE
DATE
IF $5,000 OR LESS (Between PDP's)
CITY MANAGER SIGNATURE
DATE
IF OVER LIMIT
If request is over limit, please turn in to the City Clerk to be added to the Agenda.
APPROVED BY MAYOR AND COUNCIL
CITY CLERK SIGNATURE
DATE
FINANCE MANAGER
ok-Line Item Transfer Form.xls

CITY OF DULUTH, GA Nancy Harris, Mayor Marsha Anderson

Transcription

Similar documents

put YOUR FAITH into ACTION! - St Lawrence Seminary High School

AMFA leaders turn scab at NWA in Duluth Educators

Minutes - City of Pasadena

town topics

City of Lakeside Park Minutes of 2/9/15 Regular Council Meeting

^ 7018 Pine Street, Hughson, C A

to view the 2016 Live United Luncheon Program Booklet

6th Annual MAYORS SHAMROCK BALL

live united - United Way

Minute Details

2001:03:00 - Amazon Web Services