agenda mayor and council city of duluth, … · jim dugan, post 2 agenda ... greg whitlock, post 5...

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.

Nancy Harris, Mayor Marsha Anderson Bomar, Post 1

Jim Dugan, Post 2

AGENDA MAYOR AND COUNCIL

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

Billy Jones, Post 3 Kelly Kelkenberg, Post 4

Greg Whitlock, Post 5

NOVEMBER 11, 2013 CITY HALL - COUNCIL CHAMBERS 7:00 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.

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 PLEDGE OF ALLEGIANCE: Mayor Harris I. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY) 2. EVENTS – ANNUAL TREE LIGHTING

The 31st Annual Duluth Tree Lighting sponsored by the Duluth Fall Festival will be held on Saturday, November 30, 2013. Enjoy a fun night celebrating the winter season with the family. Santa will be joining us on a sleigh pulled by LIVE reindeer! Fun activities for kids and crafts beginning at 4:00 pm and the tree lighting ceremony will begin at 6:30. There will also be live music in Duluth City Hall from 4:00 to 6:00 pm. II. CONSENT AGENDA

1. APPROVAL OF OCTOBER 14TH/28TH MINUTES

M&C Agenda November 11, 2013

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2. RESOLUTION – PURCHASE OF NAJAR PROPERTY 6-293-039/040

Approval of this resolution authorizes the purchase of 1.07 acres of property located at NE Old Peachtree Road (Main Street), 6-293-039 and 6-293-040 for a purchase price of $235,000. The property is located across from City Hall.

3. EVENT WAIVER AND AUTHORIZATION – 2013 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. The following are scheduled events: “Enchanted Christmas Idea House”: December 7th, 8th, 14th, 15th, 21st & 22nd at the Strickland House

4. AUTHORIZATION FOR CONTRACT – MY COMMUNITY MOBILE, LLC attachment

Staff would like to begin working with My Community Mobile, LLC to design and support of a mobile app for the City of Duluth. My Community Mobile will provide design and set up of Duluth's mobile app for no charge and will offer 90 days with no support service fees. After the 90 days, the cost will be $200 per month. Duluth will receive all updates and new features that are developed at no additional charge. Approval of this item authorizes the Mayor or other designee to enter into a contract with My Community Mobile, LLC.

5. AUTHORIZATION FOR CONTRACT – SYNERGY AMERICA, INC.

Approval of this item authorizes the Mayor to execute contract agreement for the City Manager's hiring process with Mani Krishnaswamy of Synergy America, Inc. following review by the City Attorney.

6. CERTIFICATION OF RESULTS – 2013 MUNICIPAL ELECTION

Election Code Article 12 authorizes the Election Superintendent to certify the election results. Approval of this item confirms the following results: Council Post 1: Marsha Anderson Bomar 541 David Cossette 391 Louis Tseng 214

Council Post 2: Kirkland Carden 337 Jim Dugan 473 Seth Grey 346

Council Post 3: Billy Jones 950

A runoff election will be held on December 3, 2013 for Post 1 (Bomar/Cossette) and Post 2 (Dugan/Grey).

III. PUBLIC HEARING

1. ORDINANCE OF MODIFICATION - PUD CASE Z#0217-13 - RIVERS EDGE

This public hearing relates to an application filed by Rick Yost (of Yost Communities, Inc.) to modify the binding site plan and conditions of approval for a 20.67 acre Planned Unit Development (PUD) generally referred to as Rivers Edge at Abbotts Bridge. Specifically, Article 19 of the Duluth Zoning Ordinance requires approval by the


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governing body in order to incorporate changes to the binding site plan and PUD conditions of zoning. Accordingly, Mr. Yost has filed an application seeking a reduction in commercial development, an increase in single-family residential units, and other site plan changes. The affected addresses and parcel numbers are as follows:

4278 Abbotts Bridge Road, 3043 through 3183 Ainsley Mill Way, 4304 through 4405 Bellview Lane, 4302 through 4313 Ainsley Mill Lane, 4300 through 4451 Bellview Walk, and 3151 through 3181 Hartrford Mill Place

6-324-085, 6-324-270 through 6-324-359, 6-324-363 through 6-324-366, and 6-324-369 The Planning Commission reviewed the application on October 7th and recommended Council approval of the item subject to several conditions of approval. Staff will provide a visual presentation of the proposed modifications. Staff and the Planning Commission recommend approval of Ordinance with modifications as presented.

IV. NEW BUSINESS

1. AUTHORIZATION FOR EXTENSTION OF CONTRACT – NEW DAWN LEASE New Dawn Theater has previously been given the move out date of January 21, 2014. The Theater is requesting consideration from Council on extension of that lease and a few other items. The requests from New Dawn Theater are as follows:

1. Extension of lease until July 15, 2014. 2. Request to extend the notice to vacate from 30 days to 60 days, to account for any events that

may need to be completed in that additional time frame. 3. Request for a meeting 60 days PRIOR to the formal lease end date to discuss any matters that

need to be discussed. 4. Request to use storage area in old City Hall.

Staff recommends approval of the extension of the lease and the additional requested items. Staff also recommends a $250 damage/clean up deposit for the use of the old City Hall storage space and updated housekeeping standards listed in Exhibit B. Exhibit A on building assets will continue to be worked through.

2. BID AWARD/AUTHORIZATION FOR CONTRACT – $232,950.00 - WP JONES PARKING The Mayor and Council to consider awarding a bid for parking lot additions at W.P. Jones Park. Melissa Muscato, City Engineer to present the request. The City of Duluth received four competitive bids for construction of the parking lot additions for the W.P. Jones Park. Completion of the parking lot expansion will provide needed parking for playground, pavilion and The Lodge Activity Building. The bids are as follows: ISC,Inc. $232,950.00 Structural Resources, Inc. $245,650.00 CMC, Inc. $299,968.00 Reeves Contracting, Co. $316,000.00


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Staff recommends ISC, Inc. for the construction of the parking additions for the W.P. Jones Park not to exceed $232,950.00.

3. BID AWARD/AUTHORIZATION FOR CONTRACT – PUBLIC SAFETY The City of Duluth received one bid for the Public Safety Building Modifications. City Staff invited more than 15 contractors to bid the project, due to schedules and workload, only one contractor, Hannan Construction submitted a bid for $78,000. The project was previously budgeted at $20,000, this was an estimate that was given by Christopher Leerson of TSW, who was the Architect for the project. I have asked on several occasions if he could assist City Staff with the budgeting error and has not been able to do so. A budget amendment will be required in the amount of $65,000. This includes $3900 for design, $3000 for data wiring and $78,000 for construction. Staff recommends Hannan Construction to complete the modifications to the Public Safety Building. Attached are the construction plans that were completed for project.

4. AUTHORIZATION FOR FUNDING DESIGNATION – 2005 STATE BILLBOARD FUNDS In March of this year, staff discovered that the Georgia Department of Transportation (GDOT) removed the $1,000,000 billboard settlement money from the Hospital Connector project because the project was considered over funded. According to GDOT, the City has until the end of the 2013 calendar year to select a project on a State Route for use of the settlement funds. During the budget meeting in April of this year, Council held a brief discussion about assigning the billboard funds to the Davenport Road Extension project. Given that this project already has an $880,000 earmark and as a result falls under federal oversight requirements, placement of the billboard funds would have no impact on the project schedule. With the 2013 SPLOST passing, the City can return the federal earmark and complete the Davenport Road Extension project as a Local Project with an expedited schedule. City Staff is requesting that the City Council determine which project, either old or new should receive the $1,000,000. During previous conversations, the Buford Highway and Pleasant Hill Interchange has been discussed as a potential project to review these funds. The project will include new lighting, landscaping, sidewalks, Wayfinding signage and additional beautification. In March of this year, staff discovered that the Georgia Department of Transportation (GDOT) removed the $1,000,000 billboard settlement money from the Hospital Connector project because the project was considered over funded. According to GDOT, the City has until July 31, 2013 to select a project on a State Route for use of the settlement funds. V. MATTERS FROM CITIZENS

VI. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY

1. ORDINANCE TO AMEND THE FY14 BUDGET - $24,950.00 WP JONES PARKING In conjunction with the bid award to ISC, Incorporated for the W. P. Jones parking addition, a budget amendment of $24,950 is necessary based on the amount of the award. These funds will be coming from 2009 SPLOST Recreational funds.


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2. ORDINANCE TO AMEND THE FY14 BUDGET - $235,000 – PROPERTY PURCHASE The City has entered into an agreement to purchase 2 parcels of land (6-293-039 & 6-293-040) in the amount of $235,000 from MB REO-GA Land, LLC (Najar property) using 2009 SPLOST Parking Facilities funds. Staff is requesting that a budget amendment in the amount of $235,000 in 2009 SPLOST Parking Facilities funds be approved to added these funds to the Downtown Parking Land capital project budget to purchase the land.

3. ORDINANCE TO AMEND THE FY14 BUDGET - $65,000 –PUBLIC SAFETY

At the February 11, 2013 City Council meeting approval was given for the transfer of $20,000 in General Fund Police Uniform - Overtime budgeted funds to the Police Capital Projects fund for the cost of modifications to the Public Safety building. Staff has received one bid in the amount of $78,000 for the renovations and is ready to award the bid. Staff is requesting that an additional $65,000 in general funds be added to the Police Capital Projects fund to complete the necessary renovations.

VII. EXECUTIVE SESSION

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

VIII. ADJOURNMENT The next scheduled meeting of the Mayor and Council is a work session for November 21st at 5:30 p.m.

3167 MAIN STREET, DULUTH, GA, 30096 WWW.DULUTHGA.NET

DRAFT MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA OCTOBER 14, 2013

PRESENT: Mayor Harris, Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock, City

Manager, Department Directors, City Attorney ABSENT: Council member Whitlock 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. Mayor Harris called the meeting to order at 7:00 p.m. INVOCATION: Kipper Tabb, Perimeter Church PLEDGE OF ALLEGIANCE: Mayor Harris I. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY) 2. OFFICER CHOSEN FOR SEMINAR IN SOUTH KOREA

Mayor Harris congratulated Officer Sharon Lee for being selected to attend a symposium hosted by the Foreign Affairs Bureau of the Korean National Police Agency. The event is going to be held in South Korea from Oct. 21-26. One of 15 people selected for the event, Officer Lee will be able to network with Korean law enforcement officials from different countries, learning about practices and sharing ideas to better understand the Korean police system and apply that knowledge first hand to the vast Korean community.

3. UPCOMING EVENTS

The Georgia Country & Gospel Music Association is coming to Duluth on Sunday, October 20th from 12-5 p.m. featuring fourteen amazingly talented artists. This concert is to help raise money to feed over 1,000 families on Christmas Day. Canned goods and monetary donations will be accepted. “When Day Become Night Festivities Turn Into Fright!!” On Saturday, October 26, 2013 we will host a family friendly event, Halloween on the Green from 2-7PM on town green with children’s costume contest, “Hall-O-weenie” Dog costume contest, storytelling, music, fun activities, games, trick-or-treating and more. When the clock strikes eight, it’s time for your children to escape, because Halloween on the Green is no more! The green will ignite with fright, as Howl on the Green takes over the scene from 8-11pm. Ms. Williams also recognized LEAD participants in the audience and thanked them for coming.

Draft Minutes of the M&C October 14, 2013

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4. ADVANCED VOTING City Clerk Teresa Lynn announced that Advanced Voting started today, October 14th and runs from 8am-5pm Monday through Friday at City Hall, until November 1st. II. CONSENT AGENDA

1. APPROVAL OF SEPTEMBER 9TH/23RD & OCT 4TH MINUTES

2. ORDINANCE TO AMEND THE DULUTH CODE – FALSE ALARMS [Exhibit “A”]

Approval of this item amends 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 [Exhibit “B”]

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 [Exhibits “C & D”]

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 Non-City Resident 2 year term Ms. G.G. Gatz City Resident 4 year term Ms. Vanessa Boggs City Resident 4 year term Ms. Cindy Brown City Resident 4 year term One (1) Elected official: Marsha A. Bomar City Council Member (City Resident) 4 year term Non-City Residents: Katrina Stone Non-City Resident 4 year term Ashley Lynch Non-City Resident 2 year term Laura Brown Non-City Resident 2 year term City Resident: Randy Wilbur City Resident 2 year term


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Two (2) Alternates: Kristl Pelz City alternate position 4 year term Aaron Brody Non-City Alternate Position 2 year term Approval of this item amends Ordinance and further appoints commission members to the Duluth Public Arts Commission as presented.

5. ORDINANCES TO APPOINT PLANNING COMMISSION & ZBA MEMBERS [Exhibits “E & F”] 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 [Exhibit “G”] 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 [Exhibit “H”] 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:


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October 18, 2013 - Food Truck/Block Party Friday - Main Street Closed from Mathias/Streetsmarts side parking lot to City Hall at 3:00 pm - Licensed Merchant Zone October 20, 2013 - GCGMA (Georgia Country & Gospel Music Association) Concert - Licensed Merchant Zone

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. A motion was made by Councilmember Bomar, seconded by Councilmember Jones, to approve the Consent Agenda as with amended addition of the appointment of the DPAC City Alternate position. Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg Motion carried. 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. No CPI adjustment for residential customers in 2013, 2014 or 2015. 2. Enhance Recycling Program providing 95-Gallon, wheeled carts collected every other week and an

option to retain an 18-gallon bin collected every week. 3. Republic to sponsor a yearly recycling event specifically for Duluth and its citizens. 4. Republic will make available additional recycling carts for city sponsored events, including Fall Festival 5. Renewal agreement, subject to state law, extends contract to April 31st 2019. 6. All other definitions, requirements, conditions, etc., remain in full force and effect as they are today. 7. Provide educational materials that promote recycling and educate citizens on the value of recycling to

entire community. 8. Free dumpsters for city events


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A motion was made by Councilmember Dugan, seconded by Councilmember Kelkenberg, to approve authorizing the extension of contract with Republic as presented and further authorize the City Clerk to execute contract agreement once reviewed and approved by the City Attorney. Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg Motion carried. IV. MATTERS FROM CITIZENS

V. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY

1. MAYOR HARRIS’ STATEMENT ON EXECUTIVE SESSION MATERIAL Mayor Harris read a statement regarding recent concerns over “transparency and open government.” The purpose/definition of an executive session is to discuss Personnel, real estate or pending or potential litigation. There is a portion of the law that clearly defines when a Council must use an Executive Session for discussions, just as portions of the law clarify what must take place in an open meeting. Transparency in Government - Absolutely - important way to build trust When is transparency in government not appropriate? not often - exceptions Executive Sessions. The recent questions and criticism regarding the “Lingering unanswered questions” in regards to the termination of the city manager have been answered with the staff. It is not a secret and there was no governmental corruption taking place, like some people were hoping to find. It is a matter of having the right leadership in place that can move this city forward, with efficiency and good stewardship. It takes the entire staff of Duluth, all business owners and merchants, and citizens to keep a vision alive. Any and all organizations must have effective leadership in place to accomplish our goals. I apologize to those people that felt we were not being open and transparent in our decision to terminate the city manager. Even though this professional relationship has ended, the Council appreciates the skills and knowledge we gained during the past two years. Furthermore, we will continue to deal with personnel situations with dignity and privacy in accordance to the law, which means that sometimes the audience must be patient to hear the truths, without resorting to hearsay or naysayers. The job for city manager has been posted and it will be a nationwide search. This posting will remain open until November 19th. At this time, the staff and Council will begin the process of examining the applicants and planning for interviews, on site visits and reference checks. We will hopefully have our next city manager by April 2014.”

2. 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. Councilmember Jones noted that the timing of this request was a little premature since construction hasn’t started yet.

A motion was made by Councilmember Dugan, seconded by Councilmember Kelkenberg, to postpone the ordinance to amend the budget as presented.


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Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg Motion carried.

3. ORDINANCE TO AMEND THE FY14 BUDGET - $496,129 - STORMWATER UTILITY [Exhibit “..”] 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. Councilmember Bomar requested a summary presentation of what has been put in place for Stormwater projects. She noted that the City was able to deal with emergency situations and work ahead of bigger problems through maintenance and repair. She would like to share that with the public as well as emphasize the importance of this utility. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Bomar, to approve the ordinance to amend the budget as presented. Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg Motion carried.

4. 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. A motion was made by Councilmember Bomar, seconded by Councilmember Dugan, to approve the line item transfer as presented. Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg Motion carried. VI. ADJOURNMENT A motion was made by Councilmember Bomar, seconded by Councilmember Jones, to adjourn at 7:20 p.m. Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg Motion carried.

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


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Approved this ________ day of ________________________, 2013.

__________________________________________

Mayor Nancy Harris ATTEST: _______________________________________ City Clerk Teresa S. Lynn

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.

Nancy Harris, Mayor Marsha Anderson Bomar, Post 1

Jim Dugan, Post 2

WORK SESSION DRAFT MAYOR AND COUNCIL

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

Billy Jones, Post 3 Kelly Kelkenberg, Post 4

Greg Whitlock, Post 5

OCTOBER 28, 2013 CITY HALL – COMMUNITY ROOM 5:30 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.

PRESENT: Mayor Harris, Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock, City

Manager, Department Directors, City Attorney

5:30 - PM CALL TO ORDER I. PUBLIC COMMENTS

1. DOORS TO HOMES AND HOPE David Cossette came forward to mention the Doors to Home & Hope project benefitting Habitat for Humanity. He thanked the City for supporting it and said that the doors would be taken down on Wednesday and ready for purchase. The Mayor thanked him and Shelly Howard for overseeing the project. II. PRESENTATIONS

1. AMEC – ZONING CODE/LAND DEVELOPMENT REGULATIONS [Attachment “ A”]

AMEC was selected to update the City's Zoning Code and Subdivision/Land Development Regulations. Paige Hatley & Lee Walton from AMEC provided a brief overview of the project scope and shared with the Council their initial findings on certain topics that must be addressed during the update. Presentation attached for reference.

Spec Call M&C/Work Session Minutes October 28 2013

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2. PENSION PLAN FUNDING

Finance Manager Ken Sakmar explained that in the past year or so, there has been a fair amount of discussion about pension plans due in part to GASB Statement #67 and #68. These statements will require governments to report their pension plan unfunded liability on their balance sheets. With the upcoming reporting requirements, staff felt it would be a good time to do a comprehensive review of the pension plan. To accomplish this, an outside actuarial firm was hired to examine the assumptions and methods used to develop the current plan funding cost and to discuss alternatives to consider. Mr. Chuck Carr was hired and met with the Finance Committee and discussed both general recommendation and plan specific recommendations. After reviewing the recommendations and considering various options, the Finance Committee recommended that the City continue to work with its plan sponsor, GMA, but that the annual contribution to the pension plan be increased to 7.5% of covered payroll in the FY15 budget and increase .5% for the next 5 year to 10.0% of covered payroll. It is estimated that the increase will cost between $35,000 and $45,000 in the FY15 budget. Council will be asked to examine this recommendation more closely during the next budget preparation cycle. III. DISCUSSION ITEMS

1. CONSIDERATION -EXTENSION OF THEATER LEASE Alisa Williams explained that the New Dawn Theater has previously been given the move out date of January 21, 2014. The Theater is requesting consideration from Council on extension of that lease and a few other items. The requests from New Dawn Theater are as follows: 1. Extension of lease until December 31, 2014. If that is not a viable option the request is for an extension of

lease until July 15, 2014. 2. Request to extend the notice to vacate from 30 days to 60 days, to account for any events that may need to

be completed in that additional time frame. 3. Request for a meeting 60 days PRIOR to the formal lease end date to discuss any matters that need to be

discussed. 4. Request to use storage area either in the downstairs portion of the warehouse or old City Hall. Council was only in favor of an extension until July, and authorized staff to place these items on the 11-11-13 Council Agenda for official consideration. The recommendations for The Block will be made in the next month and there are too many unknown factors to consider at this point.

2. PARSONS ALLEY – POTENTIAL LEASE AGREEMENT

“Parson’s Alley” is an improved outdoor space between West Lawrenceville Street and Hwy 120 that has become an attractive gathering place. A merchant request to utilize the alley way for alcoholic beverage service has been made. City Attorney Steve Pereira explained that if Council would like to lease/permit an alcohol/growler shop exclusive use of the alleyway for outdoor consumption, current alcohol ordinances would require amendments. Additionally, items such as control of access points, days/hours of operations, and terms of lease would need to be discussed. Staff and the City Attorney were authorized to proceed with drafting a lease agreement and proposing changes to Alcohol ordinances to be presented to the Alcohol Board.

Spec Call M&C/Work Session Minutes October 28 2013

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3. CITY MANAGER HIRING TIMELINE The City Manager position was advertised on October 7th and will be open until November 18th. The Mayor and Council reviewed the proposed process, timeline, and suggested selection committee. 1. Two member(s) of the elected body serve on committee (Councilmembers Jones and Kelkenberg) 2. Scoring matrix – minor changes 3. Timeline – no changes.) A Contingency Request for Hiring Expenses may be presented if necessary.

VI. ADJOURN TO SPECIAL CALLED MEETING

SPECIAL CALLED MEETING MINUTES MAYOR AND COUNCIL

CITY OF DULUTH, GA

Mayor Harris called the meeting to order at 8:30 pm

I. NEW BUSINESS

1. EXTENSION OF FOOD TRUCK FRIDAYS – CITY SPONSORED EVENT A motion was made by Councilmember Kelkenberg, seconded by Councilmember Dugan, to extend Food Truck Fridays to November 15th and designate as Licensed Merchant Zone events. II. EXECUTIVE SESSION

It will be necessary to hold an executive session on Real Estate, Personnel, and/or Pending/Potential Litigation. A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to adjourn to executive session at 8:30 p.m. Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock Motion carried. After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to return to regular session at 9:30 p.m. Those voting for: Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock Motion carried. III. ADJOURNMENT

A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to adjourn at 9:30 p.m. All for. Motion carried unanimously.

RESOLUTION AUTHORIZING PURCHASE OF REAL ESTATE

WHEREAS, the Mayor and Council of the City of Duluth, Georgia have determined that it is in the best interest of the City of Duluth and its citizens to purchase certain property located on Main Street across from the City Hall and more fully described in Exhibit “A” attached hereto and incorporated herein by referenced (hereinafter referred to as “subject property”) and;

WHEREAS, the Mayor and Council of the City of Duluth have authorized representatives of the City to enter into an agreement on the City’s behalf with MB REO-GA LAND LLC to purchase the subject property for the price of TWO HUNDRED THIRTY FIVE THOUSAND AND 00/100 Dollars ($235,000);

NOW THEREFORE, the Council of the City of Duluth hereby resolves and ordains that the City should purchase the parcels described fully on Exhibit “A” which is attached hereto and incorporated herein by reference for the sum of TWO HUNDRED THIRTY FIVE THOUSAND AND 00/100 Dollars ($235,000),

IT IS FURTHER RESOLVED AND ORDAINED that the Council hereby authorizes the Mayor, 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.

IT IS SO RESOVLED AND ORDAINED this 11th day of November, 2013.

__________________________________________ Mayor Nancy Harris

__________________________________________ Councilmember Marsha Anderson Bomar

__________________________________________

Councilmember Jim Dugan

__________________________________________ Councilmember Billy Jones

__________________________________________ Councilmember Kelly Kelkenberg __________________________________________ Councilmember Greg Whitlock

ATTEST: __________________________________ City Clerk – Teresa Lynn

Enchanted ChristmasIdea House

In partnership with the City of Duluth

Open the Doors to an Idea Wonderland

locatIon: The Strickland House2956 Buford Highway, Duluth

dates & tIMes:December 7th, 8th, 14th, 15th,21st & 22nd

Saturdays - 11am to 8pmSundays - 2pm to 6pmFridays (by appointment)

tIckets $10 per personAll proceeds to benefit theStrickland House and History Museum

• The Largest Nutcracker Collection in Georgia• Hand-sculpted Santas as exhibited at the Biltmore Estate• Professionally decorated Christmas trees and mantles• Holiday Artwork by renowned local artists• Culinary Creations and inspiring tablescapes to enhance your holiday entertaining• Unique gifts and keepsakes available for purchase• Unexpected magic

Tickets available at the door orby calling 678.642.9486 or 404.683.4288

tlynn

Approved

tlynn

Approved

CITY OF DULUTH CITY COUNCIL

Staff Report November 11, 2013

CASE NUMBER:

Z#0217-13

CURRENT ZONING:

PUD (Planned Unit Development)

PROPOSED ZONING: REQUEST:

PUD (Planned Unit Development) Modification to an approved PUD Z#0217C-06

LOCATION: Intersection of Peachtree Industrial Boulevard and Abbotts Bridge Road.

PARCEL NUMBERS: 6324085, 6324270 through 6324359, 6324363 through 6324366, and 6324369.

ACREAGE: 20.67 ± Acres

APPLICANT: Rick Yost

Yost Communities, Inc 3883 Rogers Bridge Rd Suite 602 Duluth, GA 30097

OWNER: Yost Communities, Inc. 3883 Rogers Bridge Rd Suite 602 Duluth, GA 30097

STAFF RECOMMENDATION:

Approve with Conditions

City of Duluth City Council

11.11.2013

Z#0217-13 Page 2 of 18

I. LOCATION Figure 1

Figure 1 above identifies the location of the proposed modified rezoning. The 20.67 acre project site is at the intersection of Peachtree Industrial Boulevard and Abbotts Bridge Road.


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Z#0217-13 Page 3 of 18

Figure 2

Figure 2 above shows that the proposed development is bounded to the north by a residential neighborhood zoned PRD (Planned Residential District), to the east by a residential neighborhood zoned R-100 (Single-Family Residential District) and a car wash zoned C-2 (General Business District), to the south by a gas station zoned C-2 (General Business District), and the west by a mixture of commercial and industrial uses zoned C-2 (General Business District) and M-1 (Light Industrial District). Accordingly, the proposed site plan provides for compatibility with the adjoining land uses.

Quick Trip

Fairway Carwash

Alex Automotive

Chattahoochee Design


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Z#0217-13 Page 4 of 18

II. PURPOSE AND DESCRIPTION OF THE REQUEST Request to modify a previously approved PUD (Z#0217C-06). Generally, the applicant is requesting the following revisions:

1. Reduction in commercial development, 2. Increase in residential units (from 113 to 130), 3. Increase in density (from 5.47 du/ac to 6.29 du/ac), 4. Site plan modifications; and 5. Modification of the conditions of approval.

The applicant states that the proposed modifications are a result of the changing market demands.

III. BACKGROUND The site was originally rezoned from C-2 to PUD on February 27, 2006. The original site plan of the Planned Unit Development was intended to produce a traditional neighborhood based design in a mixed use environment with commercial and office uses being an integral part of the same development. A modification was made to this plan in April of 2007 correcting an error that left an unintended 150’ buffer requirement in place, reducing the density from 4.5 to 4.38 units per acre, incorporating new building facade elevations and limiting the total floor area that could be dedicated to commercial land uses. The approval also granted waivers to allow the reduction of minimum right-of-way width requirements and the elimination of several landscape buffer requirements. The plan was most recently modified in 2009. The modification generally included the removal of alley parking, addition of residential amenities, reconfiguration of the commercial buildings and reconfiguration of the commercial parking. On August 14, 2013, Rick Yost submitted an application for a rezoning of the property to modify the currently approved plan. The proposed site plan is shown on page 17.


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Z#0217-13 Page 5 of 18

IV. REVIEW OF THE PLAN

1. Site Plan Changes Table 1 below summarizes the major changes being requested by the applicant in the proposed site plan shown on page 17. The table shows a reduction of commercial space, a reduction of single family attached units and an increase of single family detached units.

2. Compliance with Zoning Ordinance and Subdivision Regulations

Staff has reviewed the proposal and determined that the modification is consistent with the objectives of the PUD zoning district. The proposed land uses shown on page 18 meet the requirements found in Section 1407.E of the Zoning Ordinance. The standards for a PUD plan include a site that provides a mixture of housing types and incorporates commercial land use into the overall mix; provides for different types of housing units besides detached single-family units; provides for clustering of some of the housing units; provides amenities and protected open spaces that are not necessarily provided in conventional subdivisions; and will be subject to architectural controls via design review and design guidelines. The development’s character, location, and proposed mix of land uses and residential dwelling types are consistent with the intent of the PUD zoning district.

3. Compliance with the Comprehensive Plan The proposed modification is consistent with the adopted Community Agenda (Comprehensive Plan). The Character Area map of the Comprehensive Plan identifies this property as a “Community Activity Center.” The vision of a Community Activity Center is that of an accessible center of businesses, services, and complementary uses, which may include mixed-use developments. The vision encourages commercial shopping centers to have better pedestrian connections to neighborhoods thus creating less reliance on automobiles. The Rivers Edge at Abbotts Bridge development will introduce a residential component to this predominantly commercial corridor and contribute in transforming the corridor into a more pedestrian-friendly mixed-use area.

Table 1 Item Current Proposed Change

Site Area (acres) 20.67 20.67 0 Residential Area (acres)

Single Family Detached 2.11 8.39 6.28 Single Family Attached 4.22 0.82 -3.40

Commercial Area (acres) 4.46 1.17 -3.29 Commercial Building Footprint ( sq ft) 33,300 4,500 -28,800 Open Space (acres) 6.19 6.64 0.45 Residential Units

Attached Single Family 88 42 -46 Detached Single Family 25 88 63 Density (units per acre) 5.47 6.29 0.82

Parking Residential Shared Parking Spaces 0 47 46

Commercial Parking Spaces 193 38 -155


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Z#0217-13 Page 6 of 18

4. Removal of Commercial Development Fronting Peachtree Industrial Boulevard The applicant is proposing the removal of the two (2) commercial buildings totaling 28,800 sq ft fronting Peachtree Industrial Boulevard. The applicant states that the current economic indicators do not support the market demand for additional commercial space along Peachtree Industrial Boulevard at this time.

Currently Approved Commercial Development along Peachtree Industrial Boulevard

Proposed Residential Development along Peachtree Industrial Boulevard


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Z#0217-13 Page 7 of 18

5. Introduction of Alley Served Homes The applicant is proposing the addition of alley served lots. The currently approved plan has no alley served homes. The proposed plan will have 59 detached alley served homes and 42 attached alley served homes.

Currently Approved Front Entry Lots

Proposed Alley Served Lots (alley locations shown in blue)


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Z#0217-13 Page 8 of 18

6. Increase Driveway Lengths

The applicant is proposing to increase the length of all driveways per staff’s recommendation. The current plan requires all driveways to be twenty (20) feet in length. A condition of the proposed plan increases driveway lengths of alley lots to twenty-two (22) feet and front entry lots to twenty-five (25) feet. The additional length will allow residents to use their driveways for parking without risking their automobile blocking the passage of alleyways and sidewalks. This will allow for increased utilization of driveways, alleyways and sidewalks within the development.

Currently Approved Driveway Length

Proposed Driveway Lengths


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Z#0217-13 Page 9 of 18

7. Removal of Amenities

The applicant is proposing to remove the amenities that are currently approved by the Abbotts Bridge Road entrance. The proposal includes changing the amenities area into two (2) single family detached lots. The applicant states that it would be difficult for a homeowner’s association in a neighborhood of this size to fund the construction and maintenance of such amenities. The applicant has also cited proximity to existing public recreation amenities in the surrounding area as a reason to remove the private subdivision amenities.

Currently Approved with Amenities Proposed without Amenities

8. Gated Entrances

The applicant is proposing to install security access gates at both residential entrances. When installed, Duluth will have no responsibility to build, improve, maintain, or otherwise service the private roads and drainage improvements contained within the rights-of-ways for private roads shown on the final plat.

Proposed Gate Locations (gate locations shown in blue)


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Z#0217-13 Page 10 of 18

9. Waiver from Required Sidewalks The applicant is requesting a waiver from Section 1407.E.4.a of the Zoning Ordinance, which states “sidewalks shall be required along both sides of all streets within a PUD”. By allowing sidewalks to be located as shown on the proposed site plan, the applicant is able to include thirty-one (31) additional off street parking spots. Furthermore, the layout of the neighborhood is such that a resident has access to sidewalks at any point in the neighborhood and pedestrians can safely travel to any point in the neighborhood via sidewalk as proposed.

Proposed Sidewalk Locations


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Z#0217-13 Page 11 of 18

10. Waiver from Required Buffers

The applicant is requesting a waiver from section 1407.E.4.b of the Zoning Ordinance, which states that a PUD that abuts an RA-200, R-100 or R 75 district shall contain a 50 foot wide buffer strip along the abutting property lines. The required buffer behind lots 17 through 25 was disturbed during development in 2006. The applicant is requesting a reduction in the required buffer from 50 feet to 25 feet to allow for the installation of a masonry block retaining wall to properly slope the disturbed area.

Location of Masonry Retaining Wall (maximum extent of wall location shown in green)

11. Planning Commission Comments

a. Stormwater drainage

Storm water behind lots 43 through 52 currently drain onto the adjoining properties. The developer will install an alley with curb and gutter behind lots 43 through 52 to properly drain the stormwater to the existing detention pond which will alleviate this issue.

b. Car stacking on Abbotts Bridge Road.

Per condition 22, the developer shall submit an operational plan for the access gates to the City of Duluth for approval by the Director of Planning and Development prior to the issuance of any development permits. Said plan shall identify, at a minimum, a strategy for preventing car stacking and should incorporate a plan for ease of access during peak traffic hours. The HOA shall be responsible for administering the approved plan.


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Z#0217-13 Page 12 of 18

V. PROPOSED CONDITIONS: The new set of conditions proposed by staff are as follows: RESIDENTIAL TRACT CONDITIONS: Use & Setbacks

1. The use shall be limited to 59 detached single family alley loaded lots, 29 detached single family front

loaded lots, and 42 attached single family townhomes with a maximum density of 6.29 units per acre.

2. Residential development shall be subject to protective covenants of the homeowner’s association as approved by the Director of Planning and Development and recorded in the Gwinnett County Clerk of Court, prior to the issuance of any development permits. In the protective covenants, there shall be a restriction of not more than 10% of the residential units to be leased.

3. Maximum lot coverage of structures (excluding paved driveways and paved walkways) for single-family detached residential shall be 60%.

4. The minimum heated floor area per detached dwelling unit shall be at least 2,000 square feet.

5. The minimum heated floor area per attached dwelling unit (townhomes) shall be at least 1,800 square feet.

6. Accessory structures are allowed on lots 1 through 25, 41, and 42 only.

7. All minimum setbacks shall be measured in feet and clearly shown as part of the “General Notes” on the final plat.

Landscape & Fencing

8. Developer shall submit an overall landscape plan consistent with the requirements of the City of Duluth Buffer, Landscape and Tree Ordinance for review and approval by the Director of Planning & Development prior to the issuance of any development permits. Plan shall include the following:

Plan shall indicate the installation of trees along all streets at a maximum fifty (50) foot interval. Specimen and caliper of the trees shall be approved by the Director of Planning and Development. Plan shall identify a vegetative buffer, consisting of trees, shrubs, ground cover, sod and decorative fencing between the residential units and Peachtree Industrial Boulevard. Buffer shall be designed to create a permanent evergreen screen between the development and Peachtree Industrial Boulevard. Plan shall indicate required buffers. Buffer along the eastern property line (abutting R-100 zoning) shall be of thirty-five (35) feet in width, with twenty-five (25) feet remaining undisturbed and ten (10) feet landscaped with supplemental plantings. Buffer along the northern property line (abutting PRD zoning) shall be fifty (50) feet


11.11.2013

Z#0217-13 Page 13 of 18

in width, with thirty-five (35) feet remaining undisturbed and fifteen (15) feet landscaped with supplemental plantings.

9. Developer shall construct an interlocking masonry block retaining wall, as needed, behind lots 17

through 25 prior to the issuance of any building permits for said lots. The wall shall meet all City design standards and must be included in the site development plans. The wall requires separate review and permitting from the development plans.

Architecture & Urban Design

10. The elevations for the development shall be designed to substantially comply with the approved elevations as shown in the “Plan Book” attached to Ordinance Z0217-13 as Exhibit “D” and should incorporate the following:

All front façades for detached single family units shall be designed to incorporate the following materials: brick, stacked stone, hardi-plank siding, cedar shake, or a mixture thereof. Homes with more than 50% hardi-plank siding on the front elevation must include front porch architectural elements. Corner lot exterior side elevations shall include a combination of materials or architectural features. All side elevations shall have a masonry water table of no less than eighteen (18) inches. No vinyl, stucco, metal siding shall be allowed. Split-faced concrete block shall not be allowed.

All attached residential units (townhomes) shall be constructed with front and side brick elevations. All rear elevations for attached residential units (townhomes) shall have a brick water table to the level of the main floor. Upper floor rear elevations shall be designed to incorporate the following materials: hardi-plank siding, cedar shake, or a mixture thereof. No vinyl, stucco, metal siding shall be allowed. Split-faced concrete block shall not be allowed.

No consecutive detached single-family lots shall be constructed with identical elevations.

11. Building height shall not exceed thirty-five (35) feet (excluding chimneys) in the residential portion.

12. For all units with front entry garages, the garage doors shall have decorative design treatments as shown

in Exhibit “D” of Ordinance Z0217-13.

13. Front entry driveways shall be scored or finished with decorative treatment as shown in Exhibit “D” of Ordinance Z0217-13.

14. Lots 26 through 29 and 123 through 130 shall incorporate silverline 2900 series noise attenuating windows with 3mil/4mil glass and an STC rating of 32 as follows: lots 26, 123 and 130 shall include said windows on side and rear elevations, lots 27-29 and 124-129 shall include said windows on rear elevations only.

Transportation & Parking

15. Sidewalks shall be constructed five (5) feet in width and shall be located as shown on the proposed site

plan.


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Z#0217-13 Page 14 of 18

16. Crosswalks shall be to GDOT standards and located as shown on the proposed site plan.

17. Alleys shall be constructed in areas as shown on the prospered site plan.

18. Access gates may be installed at locations as shown on the proposed site plan. Should access gates be

used, they must be electronic and programmable. An operational plan for the access gates shall be submitted to the City of Duluth and approved by the Director of Planning and Development prior to the issuance of any development permits. Said plan shall identify, at a minimum, a strategy for preventing car stacking and should incorporate a plan for ease of access during peak traffic hours. The homeowner’s association shall be responsible for administering the approved plan.

19. Parking enforcement shall be the responsibility of the homeowner’s association.

20. All lots shall have a minimum of a two (2) car garage and shall provide an additional two (2) parking

spaces in the driveway.

21. All attached single family townhomes shall have a twenty-two (22) foot minimum driveway distance measured from the edge of alley to garage face.

22. All detached single family alley loaded lots shall have a twenty-two (22) foot minimum driveway

distance measured from the edge of alley to garage face.

23. All detached single family front loaded lots shall have a twenty-five (25) foot minimum driveway distance measured from the back of curb to garage face or twenty-two (22) foot measured from the back edge of sidewalk to the garage face.

24. With the exception of tapered aprons, driveway widths shall not be expanded beyond the width of the garage.

25. The final 10’-0” x 9’-0” paved parking area in front of lot 26 shall be striped to prohibit parking. COMMERCIAL TRACT CONDITIONS Use & Setbacks

26. The commercial use portion of this development shall be limited to the proposed 1.17 acre tract along

Abbotts Bridge Road.

27. Uses shall be limited to C-2 (General Business District), with the following uses not permitted: automobile sale lots; automobile, truck and boat rental/sales lots; automobile, boat and manufactured housing sales lots; emissions testing stations; lawnmower/small engine repair shops; automobile repair shops (major and minor); adult entertainment establishment; and tattoo and body piercing establishments.

28. Trash storage area, mechanical equipment, and similar uses are not permitted to be visible from the

street nor permitted between the building and the street.


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Z#0217-13 Page 15 of 18

29. Setbacks shall be as required by the City of Duluth Zoning Ordinance for the C-2 zoning.

Parking

30. Parking lot design and landscaping shall be in accordance with Article 9 of the Duluth Zoning Ordinance.

Screening

31. Dumpsters shall be screened by a 100% opaque masonry fence or wall matching the building(s), a minimum of eight (8) feet in height.

ADMINISTRATIVE & OTHER CONDITIONS Private Roadways, Stormwater Facilities and Street Lighting

32. All streets, alleys and roadways as shown on the proposed site plan to be privately owned and

maintained.

33. The final plat shall include a note identifying that the City of Duluth has no responsibility to build, improve, maintain, or otherwise service the private roads, drainage improvements, and other appurtenances contained within the development as shown on the plat. Note shall indicate City has no current ownership of the existing roadways.

34. Builder or developer shall incorporate a purchaser’s acknowledgement of private roads and drainage maintenance responsibilities within any purchase and sales agreement for lots or new homes within the development.

35. All streets and alleys shall be constructed to public street and alley standards found in the City of Duluth Development Regulations.

36. Developer shall execute a development and performance agreement and submit the necessary corresponding bonds for completion of the roadways, alleys, landscaping, sidewalks, and stormwater facilities. Bond amount for both completion and maintenance shall be in an amount determined by the City Engineer.

37. Developer shall install decorative street lighting within the development. A lighting plan must be approved by the Director of Planning and Development prior to the issuance of any development permits. The developer and/or home owners associations shall be responsible for the installation, maintenance, and utility payments for all street lighting within the development. The City shall assume no responsibility for any of the costs of installing, repairing, maintaining, or operating street lighting within the development, including payment of monthly electric bills.

Signage

38. A signage plan shall be submitted and approved by the Director of Planning and Development prior to

the issuance of any development permits. Billboards are prohibited.


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Z#0217-13 Page 16 of 18

Waiver

39. Developer is approved for a waiver from section 1407.E.4 of the Zoning Ordinance to reduce sidewalk to locations as shown on proposed site plan.

40. Developer is approved for a waiver from section 1407.E.4b of the Zoning Ordinance to reduce undisturbed buffer behind lots 17 through 25 from fifty (50) feet to twenty-five (25) feet.

General

41. All requirements imposed under this Ordinance shall be to the standards of the development regardless of any change in ownership.

42. All conditions as identified above shall be shown on the final plat.

VI. PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends approval of the proposed modified rezoning (Z#0217-13) based on the conditions identified above.

VII. PLANNING STAFF RECOMMENDATION:

Staff recommends approval of the proposed modified rezoning (Z#0217-13) based on the conditions identified above.


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Proposed Site Plan


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Z#0217-13 Page 18 of 18

Proposed Land Use Map

Public Hearing Published October 24, 2013 Public Hearing November 11, 2013

ORDINANCE NO. Z0217-13

AN ORDINANCE MODIFYING THE PREVIOUS CONDITIONS OF ZONING FOR A 20.67± ACRES PROPERTY ZONED PLANNED UNIT DEVELOPMENT (PUD), GENERALLY KNOWN AS “RIVERS EDGE AT ABBOTTS BRIDGE.” THE PROPERTY IS LEGALLY DESCRIBED ON ATTACHED EXHIBIT “A” AND CONCEPTUALLY SHOWN ON ATTACHED EXHIBIT “C”. THE ORDINANCE INCLUDES MODIFICATION OF THE PREVIOUS BINDING SITE PLAN FOR A REDUCTION IN COMMERCIAL DEVELOPMENT AND AN INCREASE IN RESIDENTIAL UNITS AS WELL AS CHANGES TO CERTAIN OTHER DEVELOPMENT REQUIREMENTS FOR THE PROPERTY. SAID ORDINANCE ALSO PROVIDES FOR FINDINGS, ESTABLISHES NEW CONDITIONS OF APPROVAL AS SHOWN ON ATTACHED EXHIBIT “B”, PROVIDES FOR SEVERABILITY, REPEALS CONFLICTING ORDINANCES, ESTABLISHES AN EFFECTIVE DATE, AND IS FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the proposed development was originally approved as a Planned Unit Development (PUD) by the Duluth City Council on February 27, 2006, per Ordinance Z0217-05; and WHEREAS, on April, 23, 2007, the Duluth City Council approved the first modification to the original conditions of zoning, per Ordinances Z0217-06A and Z0217-06B; and WHEREAS, on December 14, 2009, the Duluth City Council approved a second modification to the conditions of zoning, per Ordinance Z0217-06C; and WHEREAS, the property owner Rick Yost, of Yost Communities, Inc., has filed a complete application seeking a modification to the current conditions of zoning for the development. Said modification includes but is not limited to a reduction in commercial development, an increase in single-family residential units, and other site plan changes; and WHEREAS, per Article 19 of the Duluth Zoning Ordinance, a PUD approval must be amended by the Governing Body in order to incorporate changes to the site plan approval and PUD conditions of zoning; and WHEREAS, the City of Duluth Planning Commission held a public hearing at the meeting of October 7, 2013, duly noticed as prescribed by law and published in the Gwinnett Daily Post, regarding the application. At that meeting, the Commission recommended approval of the modifications as is set forth in the minutes of said meeting; and

Ordinance No. Z0217-13 Page 2 of 23

WHEREAS, the City Council held a public hearing at the meeting of November 11, 2013, duly noticed as prescribed by law and published in the Gwinnett Daily Post, regarding said application, as shall be set forth in the minutes of said meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS AS FOLLOWS: SECTION 1. FINDINGS. Pursuant to Article 19 of the Duluth Zoning Ordinance, the City Council finds that it is appropriate to modify the previous conditions of zoning for the Planned Unit Development (PUD) generally referred to as Rivers Edge at Abbotts Bridge, for the following reasons:

A. The proposed zoning modifications are suitable given the use and development of adjacent and nearby properties. The proposed development is bounded to the north by a residential neighborhood zoned PRD (Planned Residential District), to the east by a residential neighborhood zoned R-100 (Single-Family Residential District) and a car wash zoned C-2 (General Business District), to the south by a gas station zoned C-2 (General Business District), and the west by a mixture of commercial and industrial uses zoned C-2 (General Business District) and M-1 (Light Industrial District). Accordingly, the proposed site plan provides for compatibility with the adjoining land uses.

B. The proposed zoning modification is not anticipated to adversely affect the existing use

or usability of adjoining or nearby properties as conditions will be imposed on the development that address buffers and landscaping, traffic control, use restrictions and architectural design.

C. Market conditions suggest that the subject property has a reduced economic use as currently zoned given that the existing entitlement calls for substantial commercial development along the portion of the site fronting Peachtree Industrial Boulevard. Data from the City’s Economic Development Department indicates that the adjoining commercial corridor has a 24% vacancy rate for retail commercial space. Thus, the proposed reduction in commercial space will be more consistent with existing market trends. In addition, the applicant has identified a strong market demand for quality housing along this corridor.

D. The proposed zoning modification is not anticipated to cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. The traffic and total daily vehicle trips associated with the proposed zoning modification is less intensive than the current entitlement allows. In addition, the streets and


stormwater infrastructure are proposed to be privately owned and maintained. The overall number of housing units proposed with the zoning modification is not a significant change from that of the current entitlement and as a result will not create a burden to the school system.

E. The proposed modification is consistent with the adopted Community Agenda

(Comprehensive Plan). The Character Area map of the Comprehensive Plan identifies this property as a “Community Activity Center.” The vision of a Community Activity Center is that of an accessible center of businesses, services, and complementary uses, which may include mixed-use developments. The vision encourages commercial shopping centers to have better pedestrian connections to neighborhoods thus creating less reliance on automobiles. The Rivers Edge at Abbotts Bridge development will introduce a residential component to this predominantly commercial corridor and contribute in transforming the corridor into a more pedestrian-friendly mixed-use area.

F. The proposed modification is consistent with the objectives of the PUD zoning district.

The standards for a PUD plan include a site that provides a mixture of housing types and incorporates commercial land use into the overall mix; provides for different types of housing units besides detached single-family units; provides for clustering of some of the housing units; provides amenities and protected open spaces that are not necessarily provided in conventional subdivisions; and will be subject to architectural controls via design review and design guidelines. The development’s character, location, and proposed mix of land uses and residential dwelling types are consistent with the intent of the PUD zoning district.

SECTION 2. LEGAL DESCRIPTION.

The property that is subject to this ordinance consists of 20.67± acres and is legally described on Exhibit “A”, attached hereto. Said Exhibit is incorporated by reference as if fully set forth herein. SECTION 3. CONDITIONS OF APPROVAL & SITE PLAN Approval of PUD conditional zoning are subject to the conditions of approval identified on Exhibit “B” and the revised site plan shown on Exhibit “C”, attached hereto. Said Exhibits are incorporated by reference as if fully set forth herein. SECTION 4. SEVERABILITY. Should any section or provision of this Ordinance or any Ordinance pertaining to the companion applications as identified above be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this


Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. The effective date of this Ordinance shall be upon approval by the City Council of the City of Duluth, Georgia. SECTION 6. REPEALER. All conditions identified in Ordinance No. Z0217-05 dated February 27, 2006, Ordinance Nos. Z0217-06A and Z0217-06B dated April 23, 2007, Ordinance No. Z0217-06C dated December 14, 2009, are hereby repealed and replaced with the conditions of approval set forth in Exhibit “B” of this Ordinance No. Z0217-13. Approved this 11th day of November 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

ATTEST ________________________________ Teresa Lynn, City Clerk APPROVED AS TO FORM ________________________________ City Attorney


EXHIBIT “A”

ALL THAT TRACT or parcel of land Lying and being in Land Lot 324 of the 6th District, City of Duluth, Gwinnett County, Georgia, and being shown as Tract A (containing 19.636 acres), Tract B (containing 0.928 acres) and Tract C (containing 0.103 acres) (total 20.667 acres) per that' certain Survey for TND Abbotts Investments, LLC, Regions Bank and First American Title Insurance Company prepared by McFarland-Dyer & Associates, Inc., J. Chris Whitley. Georgia RLS #2672, dated 12114/05, last revised 07/24/06, and being more particularly described as follows: To find the Point of Beginning commence at the intersection of the northwesterly right of way of Peachtree Industrial Boulevard (200 foot right of way) with the easterly right of way of Abbotts Bridge Road (Hwy 120) (60 foot right of way); proceed thence from said intersection along the easterly right of way of Abbotts Bridge Road in a northwesterly direction 200.89 feet to a point, said point being the true POINT OF BEGINNING; and from said true POINT OF BEGINNING continue along said right of way the following courses and distances: north 62 degrees 55 minutes 48 seconds west 52.22 feet to a point; north 57 degrees 35 minutes 26 seconds west 75.76 feet to a point; northwesterly along the arc of a curve having a radius of 746.08 feet, said arc being subtended by a chord bearing north 53 degrees 48 minutes 22 seconds west and having a chord length of 98.49 feet, an arc distance of 98.56 feet to a one-half inch crimp top pipe found; thence leaving said right of way and proceed north 47 degrees 08 minutes 13 seconds east 256.77 feet to a one-half inch crimp top pipe found; proceed thence north 37 degrees 12 minutes 59 seconds west 138.08 feet to a three-quarters inch open top pipe found; thence north 54 degrees 37 minutes 17 seconds east 108.12 feet to a one-half inch open top pipe found; proceed thence north 35 degrees 23 minutes 14 seconds west 374.75 feet to a one-half inch rebar found; proceed thence south 54 degrees 35 minutes 21 seconds west 368.22 feet to a point located on the easterly right of way of Abbotts Bridge Road; proceed thence along said right of way the following courses and distances: northwesterly along the arc of a curve having a radius of 1800.72 feet, said arc being subtended by a chord bearing north 24 degrees 54 minutes 23 seconds west and having a chord Length of 293.58 feet, an arc distance of 293.91 feet to a point; north 20 degrees 13 minutes 50 seconds west 54.64 feet to an iron pin set; thence leaving said right of way and proceed north 78 degrees 00 minutes 25 seconds east 318.25 feet to a three-quarter inch open top pipe found; proceed thence north 69 degrees 58 minutes 45 seconds east 345.29 feet to a one-half inch rebar found; proceed thence north 75 degrees 54 minutes 10 seconds east 191.07 feet to a one-half inch rebar found; proceed thence north 69 degrees 52 minutes 29 seconds east 395.55 feet to a one-half inch rebar found; proceed thence south 20 degrees 27 minutes 01 seconds east 804.04 feet to an iron pin set on the northwesterly right of way of Peachtree Industrial Boulevard; proceed thence along said right of way the following courses and distances: southwesterly along the arc of a curve having a radius of 1521.86 feet, said arc being subtended by a chord bearing south 48 degrees 53 minutes 09 seconds west and having a chord length of 617.30 feet, an arc distance of 621.61 feet to a point; southwesterly along the arc of a curve having a radius of 1633.70 feet, said arc being subtended by a chord bearing south 37 degrees 05 minutes 31 seconds west and having a chord length of 5.28 feet, an arc distance of 5.28 feet to a one-half inch rebar found; thence leaving said right of way and proceed north 55 degrees 55 minutes 06 seconds west 241.91 feet to a one-half inch rebar found with cap; proceed thence south 34 degrees 06 minutes 34 seconds west 263.92 feet to the POINT OF BEGINNING. Total property containing 20.67± acres


EXHIBIT “B” The City Council grants to the 20.67± acres property zoned Planned Unit Development (PUD), generally known as “Rivers Edge at Abbotts Bridge” a modification to the existing conditions of zoning and approves the revised site plan in accordance with attached Exhibit “C” (Site Plan), subject to the following conditions: RESIDENTIAL TRACT CONDITIONS: Use & Setbacks

1. The use shall be limited to 59 detached single family alley loaded lots, 29 detached

single family front loaded lots, and 42 attached single family townhomes with a maximum density of 6.29 units per acre.

2. Residential development shall be subject to protective covenants of the homeowner’s association as approved by the Director of Planning and Development and recorded in the Gwinnett County Clerk of Court, prior to the issuance of any development permits. In the protective covenants, there shall be a restriction of not more than 10% of the residential units to be leased.

3. Maximum lot coverage of structures (excluding paved driveways and paved walkways) for single-family detached residential shall be 60%.

4. The minimum heated floor area per detached dwelling unit shall be at least 2,000 square feet.

5. The minimum heated floor area per attached dwelling unit (townhomes) shall be at least 1,800 square feet.

6. Accessory structures are allowed on lots 1 through 25, 41, and 42 only.

7. All minimum setbacks shall be measured in feet and clearly shown as part of the “General Notes” on the final plat.

Landscape & Fencing

8. Developer shall submit an overall landscape plan consistent with the requirements of the City of Duluth Buffer, Landscape and Tree Ordinance for review and approval by the Director of Planning & Development prior to the issuance of any development permits. Plan shall include the following:


Plan shall indicate the installation of trees along all streets at a maximum fifty (50) foot interval. Specimen and caliper of the trees shall be approved by the Director of Planning and Development. Plan shall identify a vegetative buffer, consisting of trees, shrubs, ground cover, sod and decorative fencing between the residential units and Peachtree Industrial Boulevard. Buffer shall be designed to create a permanent evergreen screen between the development and Peachtree Industrial Boulevard. Plan shall indicate required buffers. Buffer along the eastern property line (abutting R-100 zoning) shall be of thirty-five (35) feet in width, with twenty-five (25) feet remaining undisturbed and ten (10) feet landscaped with supplemental plantings. Buffer along the northern property line (abutting PRD zoning) shall be fifty (50) feet in width, with thirty-five (35) feet remaining undisturbed and fifteen (15) feet landscaped with supplemental plantings.

9. Developer shall construct an interlocking masonry block retaining wall, as needed,

behind lots 17 through 25 prior to the issuance of any building permits for said lots. The wall shall meet all City design standards and must be included in the site development plans. The wall requires separate review and permitting from the development plans.

Architecture & Urban Design

10. The elevations for the development shall be designed to substantially comply with the approved elevations as shown in the “Plan Book” attached hereto as Exhibit “D” and should incorporate the following:

All front façades for detached single family units shall be designed to incorporate the following materials: brick, stacked stone, hardi-plank siding, cedar shake, or a mixture thereof. Homes with more than 50% hardi-plank siding on the front elevation must include front porch architectural elements. Corner lot exterior side elevations shall include a combination of materials or architectural features. All side elevations shall have a masonry water table of no less than eighteen (18) inches. No vinyl, stucco, metal siding shall be allowed. Split-faced concrete block shall not be allowed.

All attached residential units (townhomes) shall be constructed with front and side brick elevations. All rear elevations for attached


residential units (townhomes) shall have a brick water table to the level of the main floor. Upper floor rear elevations shall be designed to incorporate the following materials: hardi-plank siding, cedar shake, or a mixture thereof. No vinyl, stucco, metal siding shall be allowed. Split-faced concrete block shall not be allowed.

No consecutive detached single-family lots shall be constructed with identical elevations.

11. Building height shall not exceed thirty-five (35) feet (excluding chimneys) in the

residential portion.

12. For all units with front entry garages, the garage doors shall have decorative design treatments as shown in Exhibit “D”.

13. Front entry driveways shall be scored or finished with decorative treatment as shown

in Exhibit “D”.

14. Lots 26 through 29 and 123 through 130 shall incorporate silverline 2900 series noise attenuating windows with 3mil/4mil glass and an STC rating of 32 as follows: lots 26, 123 and 130 shall include said windows on side and rear elevations, lots 27-29 and 124-129 shall include said windows on rear elevations only.

Transportation & Parking

15. Sidewalks shall be constructed five (5) feet in width and shall be located as shown on

attached Exhibit “C”.

16. Crosswalks shall be to GDOT standards and located as shown on attached Exhibit “C”.

17. Alleys shall be constructed in areas as shown on attached Exhibit “C”.

18. Access gates may be installed at locations as shown on Exhibit “C”. Should access gates be used, they must be electronic and programmable. An operational plan for the access gates shall be submitted to the City of Duluth and approved by the Director of Planning and Development prior to the issuance of any development permits. Said plan shall identify, at a minimum, a strategy for preventing car stacking and should incorporate a plan for ease of access during peak traffic hours. The homeowner’s association shall be responsible for administering the approved plan.

19. Parking enforcement shall be the responsibility of the homeowner’s association.


20. All lots shall have a minimum of a two (2) car garage and shall provide an additional

two (2) parking spaces in the driveway.

21. All attached single family townhomes shall have a twenty-two (22) foot minimum driveway distance measured from the edge of alley to garage face.

22. All detached single family alley loaded lots shall have a twenty-two (22) foot

minimum driveway distance measured from the edge of alley to garage face.

23. All detached single family front loaded lots shall have a twenty-five (25) foot minimum driveway distance measured from the back of curb to garage face or twenty-two (22) foot measured from the back edge of sidewalk to the garage face.

24. With the exception of tapered aprons, driveway widths shall not be expanded beyond the width of the garage.

25. The final 10’-0” x 9’-0” paved parking area in front of lot 26 shall be striped to prohibit parking.

COMMERCIAL TRACT CONDITIONS Use & Setbacks

26. The commercial use portion of this development shall be limited to the proposed 1.17

acre tract along Abbotts Bridge Road.

27. Uses shall be limited to C-2 (General Business District), with the following uses not permitted: automobile sale lots; automobile, truck and boat rental/sales lots; automobile, boat and manufactured housing sales lots; emissions testing stations; lawnmower/small engine repair shops; automobile repair shops (major and minor); adult entertainment establishment; and tattoo and body piercing establishments.

28. Trash storage area, mechanical equipment, and similar uses are not permitted to be

visible from the street nor permitted between the building and the street.

29. Setbacks shall be as required by the City of Duluth Zoning Ordinance for the C-2 zoning.


Parking

30. Parking lot design and landscaping shall be in accordance with Article 9 of the Duluth Zoning Ordinance.

Screening

31. Dumpsters shall be screened by a 100% opaque masonry fence or wall matching the building(s), a minimum of eight (8) feet in height.

ADMINISTRATIVE & OTHER CONDITIONS Private Roadways, Stormwater Facilities and Street Lighting

32. All streets, alleys and roadways as shown on attached Exhibit “C” to be privately

owned and maintained.

33. The final plat shall include a note identifying that the City of Duluth has no responsibility to build, improve, maintain, or otherwise service the private roads, drainage improvements, and other appurtenances contained within the development as shown on the plat. Note shall indicate City has no current ownership of the existing roadways.

34. Builder or developer shall incorporate a purchaser’s acknowledgement of private roads and drainage maintenance responsibilities within any purchase and sales agreement for lots or new homes within the development.

35. All streets and alleys shall be constructed to public street and alley standards found in the City of Duluth Development Regulations.

36. Developer shall execute a development and performance agreement and submit the necessary corresponding bonds for completion of the roadways, alleys, landscaping, sidewalks, and stormwater facilities. Bond amount for both completion and maintenance shall be in an amount determined by the City Engineer.

37. Developer shall install decorative street lighting within the development. A lighting plan must be approved by the Director of Planning and Development prior to the issuance of any development permits. The developer and/or home owners associations shall be responsible for the installation, maintenance, and utility payments for all street lighting within the development. The City shall assume no responsibility for any of the costs of installing, repairing, maintaining, or operating street lighting within the development, including payment of monthly electric bills.


Signage

38. A signage plan shall be submitted and approved by the Director of Planning and

Development prior to the issuance of any development permits. Billboards are prohibited.

Waiver

39. Developer is approved for a waiver from section 1407.E.4 of the Zoning Ordinance to reduce sidewalk to locations as shown on approved site plan, Exhibit “C”.

40. Developer is approved for a waiver from section 1407.E.4b of the Zoning Ordinance to reduce undisturbed buffer behind lots 17 through 25 from fifty (50) feet to twenty-five (25) feet.

General

41. All requirements imposed under this Ordinance shall be to the standards of the development regardless of any change in ownership.

42. All conditions as identified above shall be shown on the final plat.


EXHIBIT “C”


EXHIBIT “D”

Exhibit A

CITY BUILDING ASSETS AGREEMENT

Replacement, Repair, Reinstallation, Return

New Dawn Theater

Anything purchased with tax dollars shall remain with the premises. All building assets must be returned to the City versus discarding. If upgrades were purchased by Lessee and are identified below as Owned by the Lessee (NDTC) the upgrades either need to remain with building or the original item reinstalled. Example: If light fixtures were replaced, the replacement upgrades must remain with the building unless the originals are reinstalled or a more basic replacement is provided and installed by New Dawn. If new installation of equipment and lighting were constructed by Lessee and are identified below as Owned by Lessee, a replacement or commercially acceptable repair is required. Any holes in walls left as a result of New Dawn installations must be caulked, repaired, and painted by New Dawn. Example: Upgraded Foyer Chandeliers were purchased by New Dawn which replaced an existing lighting fixture now must be replaced by a basic lighting fixture, but dressing room lighting bars were installed where there was no existing electrical connection or lighting but removal would leave holes or exposed electrical wires which must be capped or holes repaired in wall. Items Remaining at Duluth Space and Owned by City of Duluth (Lessor): New Shower Stall, purchased by NDTC New Toilet in small bathroom, purchased by NDTC New pedestal sink, purchased by NDTC Red concession counter Newly built walls surrounding concession (by NDTC) Sound Booth & Booth Stairs built by NDTC (booth only) Box office folding window 3 stalls and all materials in ladies bathroom 2 urinals and 1 stall and all materials in men’s bathroom VIP Booth, reconstructed by NDTC All fluorescent ceiling tubes (lobby, stage and backstage) 2 white bi-fold doors upstairs All recessed lighting (purchased by NDTC) Track lighting (new will be replaced with ones from previous) Items Owned by NDTC and leaving with NDTC (Lessee): (2) four lamp lights behind concession counter (capped) (6) ceiling fans with lights (2 w/b set w/dome lights, 4 w/b capped) Dressing Room Bar lights (w/fill any holes) All exterior lights (malibu’s on sidewalk, interior windows & overhang) (2) chandeliers in red foyer (w/replace with domes) (2) chandeliers & matching medallion in lobby (w/cap or dome) All stage lights (except fluorescents), including cans, dimmer packs, etc

All sound & light boards, and associated equipment in booth & elsewhere All handheld mic’s, portable speakers, stands and associated materials Box Office podium Both large fridges and 2 small fridges in dressing rooms The beer / wine bar Piano, washer & dryer All dressing room mirrors & hallway mirrors Clothing bars & racks in dressing rooms & upstairs costume room Green audience seats….portable brown audience seats All peach chairs, black folding chairs & assorted tables & chairs Light box in exterior window and all NDTC signs All cleaning supplies & assorted materials New Track lights (will replace with old) Wooden cabinet behind concession stand All curtains, pipe and drape systems

EXHIBIT B

MINIMUM HOUSEKEEPING STANDARDS

MAINTENANCE AND CONDITION OF PREMISES

New Dawn Theater

Lessee shall have the responsibility to at all times maintain a clean, neat, and sanitary condition of all areas used by or in affiliation with New Dawn Theatre Company (NDTC) This includes building, parking areas, sidewalks, alleys, or other areas where patrons, crews, or staff discard as a result of these operations. The purpose of these standards is to maintain a clean, safe, and pleasing environment in our historic downtown business district.

1. Lessee is required to maintain a Minimum Standard for Housekeeping. Lessee shall regularly clean premises to include building, Parsons Alley, sidewalk, parking areas, or other areas in the immediate area in which New Dawn Theater Company (NDTC) patrons, crew, actors, or NDTC staff may use - continually after each use. Lessees shall remove and dispose of excess or overflowing trash from outside cans and ashtrays when resulting from NDTC use. NDTC will maintain and clean sidewalks, windows, parking lot and Alleyway to make sure no debris or cigarette butts remain after any NDTC event and will maintain a clean and sanitary appearance. These areas will consist of areas used by NDTC and its affiliates. This does not include City maintenance for City or Non NDTC events.

2. NDTC garbage shall not be stored overnight inside or outside the building. Garbage shall be properly and promptly disposed of same day in dumpster leased or jointly leased by NDTC. NDTC garbage may not be discarded in City trash cans or City dumpsters. Equipment, mops, or other unsightly items shall not be stored outside.

3. Placement of furniture or other items outside the building must be approved by the City for

adherence to Downtown Overlay District, Zoning Ordinance, and Property Maintenance Ordinance Regulations.

4. If the building or grounds condition is unacceptable or non-compliance with the above regulations is found, the violation may result in termination of lease. The City may terminate a lease upon a thirty (30) day notice for a Lessee’s failure to meet Minimum Housekeeping Standards. These Housekeeping Standards will also be used at the time of move-out inspections.

5. If Lessee fails to leave the building in an acceptable condition free of disposables, furniture, trash,

debris, discards etc., Lessee will be charged for a cleaning service.

tlynn

Approved

1.01 WHEN THE WORD "PROVIDE" IS USED, IT MEANS TO PROVIDE AND INSTALL PER ALLMANUFACTURER'S SPECIFICATIONS, INDUSTRY STANDARDS, AND LOCAL CODES.

1.02 ALL CODES HAVING JURISDICTION SHALL BE STRICTLY ADHERED TO IN THECONSTRUCTION OF THIS PROJECT, INCLUDING ALL APPLICABLE STATE, CITY, AND COUNTYBUILDING, ZONING, ELECTRICAL, MECHANICAL, PLUMBING, AND FIRE CODES. GENERALCONTRACTOR SHALL VERIFY ALL CODE REQUIREMENTS PRIOR TO COMMENCEMENT OFCONSTRUCTION AND CONVEY ANY AND ALL DISCREPANCIES BETWEEN CODEREQUIREMENTS AND THE CONSTRUCTION DOCUMENTS TO THE ATTENTION OF THEARCHITECT FOR APPROPRIATE RESOLUTION.

1.03 ALL WORK SHALL BE PERFORMED WITH THE HIGHEST DEGREE OF WORKMANSHIP.ALL MANUFACTURED COMPONENTS ARE TO BE INSTALLED PER THE MANUFACTURER'SINSTRUCTIONS AND WARRANTY REQUIREMENTS, APPLICABLE LAWS AND CODES, AND THEHIGHEST INDUSTRY-ACCEPTED STANDARDS. THE MOST STRINGENT STANDARD THAT DOESNOT VIOLATE ANOTHER STANDARD SHALL APPLY. THE SUBCONTRACTOR SHALL NOTIFYTHE GENERAL CONTRACTOR OF ANY CONFLICT BETWEEN THOSE STANDARDS OR BETWEENTHOSE STANDARDS AND THE CONSTRUCTION DOCUMENTS. THE GENERAL CONTRACTORSHALL NOTIFY THE ARCHITECT FOR DETERMINATION OF AN ACCEPTABLE RESOLUTION.

1.04 THE CONTRACTOR MUST BE EXPERIENCED IN ALL OF THE PROJECTS TYPES OFINSTALLATION. NO ALLOWANCES WILL BE MADE AFTER THE BID FOR FAILURE TO PROVIDEINSTALLATION PER NATIONAL AND LOCAL CODES.

1.05 GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL VERIFY ALL DIMENSIONSAND CONDITIONS IN THE FIELD SUFFICIENTLY IN ADVANCE OF RELATED WORK TO BEPERFORMED TO ASSURE ORDERLY PROGRESS OF CONSTRUCTION. SUBCONTRACTORSSHALL NOTIFY THE GENERAL CONTRACTOR OF ANY DISCREPANCIES OR OMISSIONS IN THECONSTRUCTION DOCUMENTS. THE GENERAL CONTRACTOR SHALL NOTIFY THE ARCHITECTAND OBTAIN WRITTEN INSTRUCTIONS PERTAINING TO SUCH WORK BEFORE PROCEEDINGWITH RELATED CONSTRUCTION.

1.06 THE ARCHITECT CERTIFIES TO THE ACCURACY OF THE ARCHITECT'S DESIGNELEMENTS AND THE DIMENSIONS REFLECTED IN THESE DRAWINGS. THE ARCHITECT IS NOTRESPONSIBLE FOR ANY CHANGES TO THE DRAWINGS BY THE OWNER AND/OR OWNER'SAGENT(S) WHICH ALTER THE ARCHITECT'S DESIGN INTENT AND/OR THE DIMENSIONSINDICATED HEREIN. THE ARCHITECT SHALL BE PROMPTLY NOTIFIED IN WRITING OF ANYSUCH CHANGES AND/OR ADDITIONS

1.07 DIMENSIONS ARE TO FACE OF STUD, FACE OF CMU, CENTERLINE (<) OF FENESTRATION,OR TO STRUCTURAL LINES UNLESS OTHERWISE NOTED. OPENINGS IN MASONRYCONSTRUCTION ARE INDICATED BY "M.O." AND DIMENSIONS TO STRUCTURAL LINES AREINDICATED BY THE CENTERLINE SYMBOL (<).

1.08 DO NOT SCALE DRAWINGS. DIMENSIONS SHOWN SHALL GOVERN THE WORK. THEGENERAL CONTRACTOR SHALL CONFIRM WITH THE ARCHITECT ANY DIMENSIONS THATCONFLICT OR THAT CANNOT BE DETERMINED BY THE INFORMATION GIVEN IN THESEDRAWINGS.

1.09 NO CHANGES, MODIFICATIONS, OR DEVIATIONS SHALL BE MADE FROM THEDRAWINGS OR SPECIFICATIONS WITHOUT FIRST SECURING WRITTEN PERMISSION FROM THEARCHITECT.

1.10 DEVIATIONS FROM THE CONTRACT DOCUMENTS AND LOCATIONS OF CONCEALEDCOMPONENTS SHALL BE NOTED ON A RECORD SET OF DRAWINGS BY THE CONTRACTORAND PROVIDED TO THE OWNER UPON COMPLETION OF THE PROJECT.

1.11 DETAIL AND SECTION DRAWINGS ARE SHOWN AT SPECIFIC LOCATIONS AND AREINTENDED TO SHOW GENERAL REQUIREMENTS THROUGHOUT. DETAILS NOTED AS TYPICALIMPLY ALL SIMILAR CONDITIONS ARE TO BE CONSTRUCTED IN A SIMILAR MANNER.

1.12 CONTRACTORS ARE RESPONSIBLE FOR REVIEWING ENTIRE SET OF DOCUMENTS FORITEMS RELATED TO THEIR WORK.

1.13 WHEN A SYSTEM OR ASSEMBLY IS CALLED OUT, ALL NECESSARY PARTS ANDMATERIALS REQUIRED FOR A COMPLETE SYSTEM SHALL BE ACCORDING TO THEMANUFACTURER'S INSTRUCTIONS.

1.14 IT IS THE INTENT OF THESE CONTRACT DOCUMENTS TO DEFINE A COMPLETE FINISHEDFACILITY. ANY MATERIAL, SYSTEM, EQUIPMENT, OR ASSEMBLY WHICH NORMALLY WOULDBE REQUIRED SHALL BE PROVIDED AS IF SPECIFICALLY NOTED.

1.15 FINAL PRODUCT SPECIFICATIONS AND SUBMITTALS FOR ALL MATERIALS USED IN THEBUILDING SHALL BE KEPT ON SITE BY THE CONTRACTOR. ALL INSPECTORS SHALL HAVEACCESS TO SPECIFICATIONS.

GENERAL NOTES:

CODE SUMMARY:BUILDING DESCRIPTION:THIS BUILDING IS AN EXISTING GOVERNMENT OFFICE BUILDING.

OCCUPANCY CLASSIFICATION:B BUSINESS

CONSTRUCTION TYPE:TYPE 2A -- SPRINKLED

EXISTING BUILDING IS WITHIN ALLOWABLE AREAS, HEIGHTS & FLOORS

- INTERNATIONAL BUILDING CODE (IBC) 2006 WITH 2010 GEORGIAAMENDMENTS

- INTERNATIONAL FIRE CODE (IFC) 2006 WITH 2010 GEORGIA AMENDMENTS

- INTERNATIONAL PLUMBING CODE (IPC) 2006 WITH 2010 GEORGIAAMENDMENTS

- INTERNATIONAL MECHANICAL CODE (IMC) 2006 WITH 2010 GEORGIAAMENDMENTS

- INTERNATIONAL FUEL GAS CODE (IFGC) 2006 WITH 2010 GEORGIAAMENDMENTS

- NATIONAL ELECTRICAL CODE (NEC) 2008 WITH 2009 GEORGIA AMENDMENTS

- INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 2006 WITH GEORGIASTATE SUPPLEMENTS AND AMENDMENTS.

- LIFE SAFETY CODE

- AMERICANS WITH DISABILITIES ACT

APPLICABLE CODES:

GEORGIA CODE REFERENCE GUIDE:

1. ALL DEMOLITION WORK SHALL BE PERFORMED IN A MANOR THAT WILLMINIMIZE DAMAGE TO THE EXISTING WALLS, CEILINGS, ETC. TO REMAIN.

2. PROVISIONS SHALL BE MADE TO ALLEVIATE THE SPREAD OF DEBRIS TOADJACENT SPACES.

3, ALL DEBRIS AND MATERIALS FROM THE BUILDING SHALL BE DISPOSED OFOFF THE SITE IN A LEGAL MANNER. NO RECLAIMED LUMBER OR MATERIALSSHALL BE RE-USED EXCEPT AS SPECIFICALLY APPROVED BY THEARCHITECT OR OWNER.

4. WHERE DEMOLITION AND CUTTING WORK WAS OCCURRED OR WHEREEXISTING SURFACES, MATERIALS, OR OTHER ITEMS HAVE BEEN DAMAGED ORDISTURBED AS A RESULT OF THIS CONTRACT. THE DAMAGED SURFACE/AREASSHALL BE CAREFULLY CLOSED UP, PATCHED, AND FINISHED AS REQUIRED TOMAKE THE DAMAGED AREA/SURFACE CONTIGUOUS TO EXISTING SURROUNDINGSURFACES.

5. DO NOT REMOVE ANY STRUCTURAL COLUMNS, WALLS, OR SUPPORTS.REMOVE ONLY INTERIOR PARTITIONS. IF THERE IS ANY CONCERN WHETHER ANELEMENT IS STRUCTURAL, CONTACT THE ARCHITECT IMMEDIATELY FORVERIFICATION.

DEMOLITION PLAN NOTES:

THE FOLLOWING ITEM SHALL BE CAREFULLY REMOVED DURING DEMOLITIONAND STORED FOR REUSE:

1. EXISTING DOORS AND DOOR HARDWARE

2. CEILING GRID TILES

ITEMS FOR REUSE:

EXISTING WALL

WALL TO BE DEMOLITIONED

a. MINOR INTERIOR RENOVATION TO AN EXISTING ONE TENANT BUILDING.ADDING WALLS TO A STORAGE AREA TO CREATE NINE OFFICES.ADDING A WALL AND DOOR TO A TRAINING AREA TO CREATE ACLOSET.

b. NO EXTERIOR WORK OR SITEWORK TO OCCUR, NO WORK ON EXTERIORWALLS

c. WORK AREA ON FIRST FLOOR 1,471 SQUARE FEETd. WORK AREA ON GROUND FLOOR 40 SQUARE FEET

PROJECT DESCRIPTION:

Copyright. All rights reserved.Reproduction in whole or in partis prohibited. This drawing as aninstrument of service is theproperty of the architect and maynot be used in any way withoutthe written permission of thisoffice.

p r o j e c t t i t l e

f o r

contact:

drawn by:

checked by:

project number:

d r a w i n g i n f o r m a t i o n

d r a w i n g d a t e

s h e e t t i t l e

s h e e t n u m b e r

C O M M U N I T Y D E S I G NA N D A R C H I T E C T U R E

1389 Peachtree Street NE, Suite 200Atlanta, Georgia 30309phone: 404.873.6730fax: 404.874.6471www.tunspan.com

s e a l

c o n s u l t a n t

i s s u e d a t e

Public SafetyBuildingModifications

City of Duluth

13014

Author

Checker

10 april 2013

A0.0

COVER SHEET

Approver

3276 Buford HighwayDuluth Georgia 30096

R E L E A S E D F O R C O N S T R U C T I O N

DULUTH PUBLIC SAFETY BUILDING

City of Duluth3276 Buford HighwayDuluth, Georgia 30096

minor interior renovation to:

Melissa MuscatoOwner's Contact[P] 678.957.7284[F] [email protected]

Tunnell-Spangler-Walsh & AssociatesArchitectChristopher Leerssen, AIA[P] [email protected]

tlynn

Approved

10' -

7"

10' -

3"

8' - 10

1/8"

3 5/

8"8' - 11

1/4"

3 5/

8"8' - 9

5/8

"

3' - 8"

GWB RETURNS

SPRINKLER HEADS EXISTINGPER CODE--RELOCATE ASREQUIRED

ALL FINISHES TO MATCH EXISTING,FINAL CHOICE BY OWNER.TYPICAL. REUSE EXISTINGCARPET

10' - 8 5/8" 3 5/8" 9' - 7 1/4" 11' - 4 1/2" 3 5/8" 6' - 2 1/4" 3 5/8" 10' - 11 5/8"

20GA. 3.625" MTL STUD, 2LAYERS 5/8" GWB WITHSOUND BATT INSULATION.TYP.

20GA. 6" MTL STUD, 2LAYERS 5/8" GWB WITHSOUND BATT INSULATION.TYP.

REUSE / RELOCATE LIGHTS AND CEILINGTILES. ALIGN NEAR CENTER OF NEWOFFICES, TYP. ONE 2x4 LIGHT PERSMALLER OFFICE TWO FOR LARGER, MIN.

NEW LIGHT SWITCHBESIDE SIDELITE, TYP.

REUSE EX. OUTLETS, ADD ASREQ. TO ENSURE CODE MIN.

DATA AND PHONE PER OWNER

DOOR, SIDELIGHT, HARDWARE ETC.TO MATCH EXISTING. TYPICAL

WORK AREA EXTENTS,GRAY CROSS HATCH1471 SQUARE FEET

OPENING AS WIDE ASEXISTING STEEL BRACEWILL ALLOW

113 SF

OFFICE6

97 SF

OFFICE7

151 SF

OFFICE8

180 SF

OFFICE9

112 SF

OFFICE11

95 SF

OFFICE12

101 SF

OFFICE13

107 SF

OFFICE14

87 SF

CL15

20 SF

CL.16

OFFICE18

3 5/

8"10

' - 4

1/8"

EXIT SIGNS EXISTING TOREMAIN, TYP.

ADDITIONAL HVAC SUPPLY DIFFUSERAND RETURN GRILLS TO BE INSTALLED,TYP.

EXISTING HALL19

EXISTING HALL20

DEMO DOOR AND WALL,REUSE DOOR WHERE POSSIBLE

DEMO DOOR AND WALL,REUSE DOOR WHERE POSSIBLE

DEMO WALL,OPENING TO FIT UNDEREXISTING STEEL CROSSBRACE

EXISTING OPENOFFICES AND

STORAGE2

EX OFFICE3

EX. OFFICE4

EX OFFICE5

EXISTING HALL19

EXISTING HALL20

9' - 9 1/2"

715 SF

CLOSET13

1785 SF

EXISTINGTRAINING

14

443 SF

EXISTING MECH.15

7' - 6"

NEW CLOSET

EXISTING MECHANICAL CLOSET

NEW PAIR OF HM DOORS, MATCHEXISTING.

PAINT AND BASE TO MATCHEXISTING, FINAL CHOICE BY

OWNER. TYPICAL

NEW WALL20GA. 3.625" MTL STUD, 2

LAYERS 5/8" GWB

ALIGN WALL WITH GRIDAPPROXIMATELY WHERE SHOWN.

NEW (THREE WAY) LIGHTSWITCH FOR CLOSET

NEW OUTLETS PER CODE MIN.

EXIT SIGNS EXISTING TOREMAIN, TYP.

SPRINKLER HEADS EXISTINGTHROUGHOUT PER CODE

CEILING GRID, INCLUDING LIGHTS ANDHVAC GRILLS TO REMAIN REMAINEXISTING HALL

16

EXISTING WALL

ONE NEW WALL

NOTES:1. WALLS ARE FROM FLOOR TO CEILING GRID UNO. APPROX. 8' TALL.2. FIRE SPRINKLERS ARE EXISTING TO REMAIN THROUGHOUT--FIRE SPRINKLER

DESIGNER WILL ENSURE PROPER COVERAGE PRIOR TO WORK COMMENCING3. FIRE ALARMS ARE EXISTING TO REMAIN .4. FIRE EXTINGUISHERS ARE EXISTING IN THE BUILDING ARE TO REMAIN.5. EXIT SIGNS ARE PROPERLY PLACED IN THE EXISTING BUILDING AND ARE TO

REMAIN6. NO RATED ASSEMBLIES ARE DISTURBED IN EXISTING BUILDING7. NO RATED ASSEMBLIES ARE REQUIRED IN NEW WORK8. ALL FINISHES AND MATERIALS INCLUDING DOORS AND HARDWARE WILL BE

SAME AS EXISTING BUILDING TO MATCH

113 SF

OFFICE6

97 SF

OFFICE7

151 SF

OFFICE8

180 SF

OFFICE9

112 SF

OFFICE11

95 SF

OFFICE12

101 SF

OFFICE13

107 SF

OFFICE14

87 SF

CL15

20 SF

CL.16

OFFICE18

COMMON PATH / DEAD END(DASH DOT) TYP.

29' - 1"

16' - 11"

22' - 5"

EXISTING HALL19

EXISTING HALL20

COMMON PATH / DEAD END(DASH DOT) TYP.

NO RATED ASSEMBLIESEXISTING. NONE REQUIRED INNEW CONSTRUCTION

OCCUPANT LOAD FACTORLSC - TABLE 7.3.1.2

USE S.F. PER PERSON

BUSINESS 100

CAPACITY FACTORLSC - TABLE 7.3.3.1

AREA STAIRWAYS

OTHER .2 IN / PERSON

LEVEL COMPONENT

.3 IN / PERSON

TRAVEL DISTANCE LIMITSLSC - TABLE 7.6.1

AREA COMMON PATH

BUSINESS - SPRINKLERED 50'

DEAD END

100' 300'

TRAVEL DIST.

Copyright. All rights reserved.Reproduction in whole or in partis prohibited. This drawing as aninstrument of service is theproperty of the architect and maynot be used in any way withoutthe written permission of thisoffice.

p r o j e c t t i t l e

f o r

contact:

drawn by:

checked by:

project number:

d r a w i n g i n f o r m a t i o n

d r a w i n g d a t e

s h e e t t i t l e

s h e e t n u m b e r

C O M M U N I T Y D E S I G NA N D A R C H I T E C T U R E

1389 Peachtree Street NE, Suite 200Atlanta, Georgia 30309phone: 404.873.6730fax: 404.874.6471www.tunspan.com

s e a l

c o n s u l t a n t

i s s u e d a t e

Public SafetyBuildingModifications

City of Duluth

13014

CL

CL

10 april 2013

A1.1

FLOOR PLANS

Approver

3276 Buford HighwayDuluth Georgia 30096

R E L E A S E D F O R C O N S T R U C T I O N

SCALE: 3/16" = 1'-0"A1.14 FIRST FLOOR PLAN

SCALE: 3/16" = 1'-0"A1.12 FIRST FLOOR DEMO PLAN

SCALE: 3/16" = 1'-0"A1.13 GROUND FLOOR PLAN

SCALE: 1/8" = 1'-0"A1.11 LIFESAFETY DIAGRAM

tlynn

Approved

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: 71,330,522 Operations Expenditures: 20,382,390 Capital Improvement Expenditures: 50,948,132 Total Expenditures: 71,330,522 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth is in the process of awarding a bid for the construction of additional parking at its W. P. Jones Activity Building; and WHEREAS it is requested that additional 2009 SPLOST Recreational Funds in the amount of $24,950 be added to the W. P. Jones Activity Building – Park Area – Site Improvements capital project line item; and NOW THEREFORE, the City of Duluth 2014 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 71,355,472 Operations Expenditures: 20,382,390 Capital Improvement Expenditures: 50,973,082 Total Expenditures: 71,355,472

Budget Amendment, p2

BE IT ORDAINED, that the 2014 City of Duluth Annual Budget be officially amended.

DULY ADOPTED this 11th day of November, 2013.

______________________________________ Mayor Nancy Harris Councilmember(s) in favor: Councilmember(s) opposing: ______________________________________ ______________________________________ Councilmember Councilmember ______________________________________ ______________________________________ Councilmember Councilmember ______________________________________ ______________________________________ Councilmember Councilmember ______________________________________ ______________________________________ Councilmember Councilmember ______________________________________ ______________________________________ Councilmember Councilmember ATTEST: ____________________________________ City Clerk Teresa S. Lynn

Ordinance


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: 71,355,472 Operations Expenditures: 20,382,390 Capital Improvement Expenditures: 50,973,082 Total Expenditures: 71,355,472 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth has entered into an agreement to purchase 2 parcels of land (6-293-039 & 6-293-040) from MB REO-GA Land, LLC in the amount of $235,000; and WHEREAS it is requested that $235,000 in 2009 SPLOST Parking Facilities funds be added to the Downtown Parking – Parking – Land capital project line item for the purchase of the above parcels; and NOW THEREFORE, the City of Duluth 2014 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 71,590,472 Operations Expenditures: 20,382,390 Capital Improvement Expenditures: 51,208,082 Total Expenditures: 71,590,472

Ordinance


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: 71,590,472 Operations Expenditures: 20,382,390 Capital Improvement Expenditures: 51,208,082 Total Expenditures: 71,590,472 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth budgeted $20,000 in general funds for renovations to the Public Safety building renovations for additional office space for the Crime Suppression Unit; and WHEREAS the total project is now budgeted to cost $85,000, including $3,900 for design, $3,000 for data wiring and $78,000 for construction; and WHEREAS it is requested that $65,000 in General Fund reserves be added to the Police Capital Projects fund to complete the necessary renovations; and NOW THEREFORE, the City of Duluth 2014 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 71,655,472 Operations Expenditures: 20,382,390 Capital Improvement Expenditures: 51,273,082 Total Expenditures: 71,655,472

agenda mayor and council city of duluth, … · jim dugan, post 2 agenda ... greg whitlock, post 5...

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