nancy harris, mayor billy jones, post 3 marsha anderson ... · 7/13/2020 · butler to fill the...

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. All agenda packets may be converted to WCAG 2.0 compatibility format by emailing [email protected]. In addition, 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. Direct inquiries to the ADA Coordinator in the City Clerk office, located at 3167 Main Street, Duluth, GA. 30096, or by telephone at 770.476.3434.

Nancy Harris, Mayor Marsha Anderson Bomar, Post 1

vacant, Post 2

AGENDA MAYOR AND COUNCIL CITY OF DULUTH, GA

3167 Main Street Duluth, GA 30096

Billy Jones, Post 3 Kelvin J Kelkenberg, Post 4

Greg Whitlock, Post 5

JULY 13, 2020 CITY HALL COUNCIL CHAMBERS 6:00 pm

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

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

5:30 P.M. – AGENDA REVIEW Council Chambers 6:00 P.M. - CALL TO ORDER Mayor Harris or Mayor Pro tem Kelkenberg INVOCATION OR MOMENT OF SILENCE PLEDGE OF ALLEGIANCE I. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY) 2. UPCOMING EVENTS - www.duluthga.net/events

Duluth Live: Every Friday & Saturday through TBD We are livening up the Downtown atmosphere with live music for you to enjoy while visiting your favorite local eateries and shops. There will be live music on the Main Stage every Friday and Saturday from 6-9pm and in Parsons Alley every Friday and Saturday from 6-11pm.

mailto:[email protected]

M&C Agenda July 13, 2020

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Hashtag Mosaic: July 17 Snap a photo from anywhere during the hours of 5-9pm and post to Instagram using the hashtag #DuluthMosaic. Your photo will then be printed and added to our custom mosaic mural. Eats & Beats: July 30 Bring a picnic or choose from one of our local restaurants and enjoy live music, interactive art and more in Parsons Alley from 6-9pm.

II. CONSENT AGENDA

1. APPROVAL OF JUNE 22 MINUTES

2. MEMORANDUM OF AGREEMENT–MACROINVERTEBRATE MONITORING

The Metropolitan North Georgia Water Planning District operates as a planning entity charged with developing comprehensive regional and watershed-specific plans to be implemented by local governments in the Atlanta Metropolitan Area. As such, they have developed the Water Resource Management Plan, which includes Action Items concerning monitoring the water quality in the streams located within Gwinnett County. These Action Items require local governments to monitor permanent representative stations for water quality indicators or macroinvertebrate bio assessment indicators. Approval of this item authorizes the City Manager to sign the attached Memorandum of Agreement by and between the City of Duluth and Gwinnett County to provide Long-Term Ambient Trend Monitoring and Macroinvertebrate Bio assessment Monitoring.

3. AUTHORIZATION FOR INSOLVENT AD VALOREM TAXES

Approval of this item grants insolvency status to property tax accounts determined to be uncollectible for years up through 2019 in the base amount of $8,471.99, plus penalties and interest for a total of $9,918.91. The list consists of outstanding taxes on business inventory/personal property taxes that the City's code compliance and tax officials recently found to be vacant or closed. Per Chapter 2, Article 1, Sec 2- 4 of the Duluth Code. Accounts are considered insolvent only after every effort to collect them has been exhausted, which includes processing late notices, returned mail investigation, cross references with the Gwinnett County' s Tax Assessors' real and personal property tax files, and City and County Occupational Tax records.

III. PUBLIC HEARINGS

1. ORDINANCE OF SPECIAL USE – CASE SU2020-003 - WASH FACTORY The Mayor and City Council to consider an application (SU2020-003) from WF Duluth, LLC, on behalf of the property owner, TG Rogers, LLC to modify the Special Use approval granted on June 19, 2019 to operate a car wash facility on a +/-5.07 acre property located in Land Lot 201 of the 7th District, Gwinnett County, consisting of tax parcels R7201 002 & R7201 385. Specifically, the property is located at the northwest corner of Buford Highway and


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Rogers Bridge Road. The property is zoned HC-R (Highway Commercial - Retail District) with existing Special Use approval to operate a limited service restaurant with drive-through (SU2019-002) and an automated car wash (SU2019-003). The previously approved entitlements from SU2019-002 and SU2019-003 will terminate with the approval of this item. The Duluth Planning Commission recommended Approval of Case SU2020-003 with Conditions, as presented by staff at the June 15, 2020 public hearing. Staff recommends Approval of Case SU2020-003 as shown on the attached Ordinance. A detailed staff report, minutes from the Planning Commission and legal advertisement are attached.

2. 2020 AD VALOREM TAX MILLAGE RATE The Mayor and Council to hold the first public hearing to set the 2020 Ad Valorem Tax Millage Rate. Each year, the Gwinnett County Tax Assessor is required to review the assessed value of taxable property in the County. This is called the reassessment process. When the total digest of taxable property is prepared, Georgia Law requires that a rollback millage rate must be computed that will produce the same total revenue on the current year's new digest that last year's millage rate would have produced had no reassessments occurred. The City of Duluth is considering maintaining the same millage rate as last year, which is 6.551 mills. Because this millage rate is higher than the roll back rate, three public hearings are required to allow the public an opportunity to express their opinion on this increase. This is the first public hearing. Additional public hearings will be held at 10:00 am, on July 27, 2020, in the Council Chambers of City Hall and the final public hearing will be held at 6:00 pm, on August 10, 2020 in the Council Chambers of City Hall at which time Council will approve an ordinance to adopt the millage rate.

IV. NEW BUSINESS

1. ORDINANCE TO AMEND FY21 BUDGET– $7,264,456 -ROGERS BR CONSTRUCTION

As the preconstruction phase of the Rogers Bridge Project is closed, the City is moving into the Construction Phase. Those expenses are anticipated to include:

Bridge Construction - $6,288,888 Construction Engineering & Inspection - $ 400,000 Construction Oversight from Designer - $ 120,000 Utility Relocation (Ga Power) - $ 97,000 GDOT Oversight - $ 20,000 Estimated Professional Services - $ 100,000

Accordingly, the total anticipated expense is $7,025,888. Per the intergovernmental agreement between the City of Duluth, the City of Johns Creek, Fulton, and Gwinnett Counties, each participant is paying $350,000 toward the local match of $1,400,000.

Local contribution - $1,400,000 ARC contribution - $5,127,456 GDOT contribution - $ 737,000


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Total budget available to construction phase is currently $7,264,456 that allows for an estimated contingency budget of $235,000 for unforeseen circumstances and/or time and material overages. Staff is requesting Council approval of a capital project budget amendment (BA-FY21-01) to add $7,264,456 in revenue and expenditures to the Rogers Bridge Park - Bridge capital project (PK-33). Approval of this item adds the following revenues to the Rogers Bridge Park capital project: $5,127,456 in ARC grant funds to the Federal Grant line item, $737,000 in GDOT Grant funds to the State Grant line item, $350,000 in Johns Creek matching funds to the Johns Creek Grant line item, $350,000 in Fulton County matching funds to the Fulton County Grant line item, $350,000 in Gwinnett County matching funds to the Gwinnett County Grant line item, $271,517.92 in 2014 SPLOST matching funds to the SPLOST 2014 line item and $78,482.08 in 2017 SPLOST matching funds to the SPLOST 2017 line item. It also adds the following expenditures to the Rogers Bridge Park capital project:. $640,000 to the Park Areas - Bridges - Professional Services line item and $6,624,456 to the Park Areas - Bridges - Infrastructure line item.

2. ORDINANCE TO AMEND THE FY21 BUDGET - MAIN ST ENHANCED SIDEWALK

The Main Street Trail is currently under design. In previous work sessions, Council expressed a desire to move forward with lighting as part of the project scope. As this was not a task included in the original scope, the design team submitted a fee proposal for the lighting design for approximately $30,000. In addition, the designers were recently asked to review the stormwater detention from a regional perspective. Their fee for conceptually reviewing the original pond combined with the neighboring Nesbitt Crossing Pond, determining permitting requirements, stream delineation, and other environmental concerns is approximately $15,000. Staff is requesting approval of a capital projectbudget amendment BA-FY21-02 to add $50,000 in funding to the Main Street Multi-Use Trail project (CD-71). This project is jointly funded by Gwinnett County (81%) and City of Duluth (19%). Therefore, funding will include $40,500 from Gwinnett County and $9,500 from the City of Duluth. This will cover the two supplemental scope items above and a contingency should either item require additional time and/or resources. Approval of this item adds revenues of $40,500 to the Gwinnett County Grant line item, $9,500 in unallocated 2017 SPLOST funds to the SPLOST 2017 line item and expenditures of $50,000 to the Pathways & Boulevards - Professional Services line item.

3. ORDINANCE-APPOINTMENT TO CITY COUNCIL SEAT – POST 2

Council Post 2 became vacant upon the resignation of former member Kirkland Carden. Per Section 5.14 of the Duluth City Charter, the Mayor and Council are authorized to fill the unexpired term, expiring at the first organizational meeting in January 2022.

V. MATTERS FROM DEPT HEADS/CITY ATTORNEY


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VI. MATTERS FROM CITIZENS VII. MATTERS FROM COUNCIL VIII. MATTERS FROM CITY MANAGER IX. CEREMONIAL MATTER

1. OATH OF OFFICE – POST 2 COUNCILMEMBER Judge Barrett to administer oath of office to ________________, appointed by the Mayor and Council to fulfill the vacant Council Post 2 seat.

X. ADJOURNMENT The next scheduled public hearing on the tax rollback is scheduled for July 27, 2020 at 10am in the City Hall Council Chambers. The next meeting of the Mayor and Council is a work session for July 27, 2020 at 5:30 p.m.

DRAFT MINUTES OF THE SPECIAL CALLED MEETING

MAYOR AND COUNCIL CITY OF DULUTH, GA

JUNE 22, 2020 PRESENT: Mayor Harris, Council members Bomar, Jones, Kelkenberg and

Whitlock, City Manager, Department Directors, City Attorney An agenda review was held prior to the Special Called meeting to allow the elected officials to discuss this evening’s agenda items. Parks and Recreation Director Kathy Marelle gave a short recap of the Parks and Recreation programs that would be reopening. No other items were discussed and no action was taken. Mayor Harris called the Special Called meeting to order at 6:00 p.m. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE I. ANNOUNCEMENTS

1. AGENDA CHANGES (none) 2. UPCOMING EVENTS

Due to the COVID-19 outbreak, all City of Duluth events through July 10 are either postponed or cancelled. Please visit www.duluthga.net/events for information. II. CONSENT AGENDA

1. APPROVAL OF MAY 6, 7 BUDGET NOTES & JUNE 8 MINUTES

2. ORDINANCE TO APPOINT URBAN REDEVELOPMENT AGENCY {A} Urban Redevelopment Agency (URA) board member Amy Fuchs resigned due to moving outside city limits. The URA Chair and the City Clerk conducted interviews with several very good candidates who submitted interest in serving. Each candidate was provided with a copy of the City's Vision Statement as well as information regarding the history and purpose of the URA. Discussion held with each candidate on their talents, strengths and thoughts on

http://www.duluthga.net/events

Draft Minutes of the Special Called M&C June 22, 2020

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the vision and standards of the City, whether the meeting dates and times would be a deterrent, and specifically what motivated them to consider volunteering to serve on the URA. Based on a careful review following each interview, the URA voted to recommend Fred Butler to fill the unexpired term of Amy Fuchs. Approval of this item approves O2020-14 for said appointment, appointing Fred Butler to fill the unexpired term of Amy Fuchs expiring March 31, 2022.

3. APPROVAL OF AGREEMENT - GREAT LITTLE MINDS BOOK EXCHANGE {B} Gwinnett Reading Exchange & Art Transforms (G.R.E.A.T.) Little Minds, a Gwinnett Coalition of Health and Human services program, is a public art and public awareness campaign designed to inspire the love of reading, provide access to early learning children's books in areas where books are scarce, and encourage appreciation for public art in Gwinnett. Its primary role is to care for the book exchange so that it becomes and continues a long life as a vital, engaging resource for the neighborhood or community. Approval of this agreement grants use of property located at Bunten Road Park and W. P. Jones Park for the installation of two book exchanges.

2. APPROVAL OF 2014 SPLOST IGA AMENDMENT {C} Council would like to fund the Main Street Enhanced Sidewalk Project using funds left over in the 2014 SPLOST Intergovernmental Agreement (IGA) with Gwinnett County. The County has prepared an amendment (Amendment #2) to the 2014 SPLOST IGA, adding the Main Street Enhanced Sidewalk project to the list, thereby allowing the expenditures to be made on this project using that budget. Approval of this item approves 2014 SPLOST IGA Amendment #2 and authorizes the Mayor to execute said document. Once executed by the Mayor, the County will add this item to their Commission Agenda for approval. The overall 2014 and 2017 SPLOST IGA budgets will not change as a result of this amendment. A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to approve the Consent Agenda as presented. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried. III. PUBLIC HEARINGS

1. ORDINANCE OF REZONING MODIFICATION – CASE Z2020-002 {D} Mayor Harris opened the public hearing and called Senior Planner Dan Robinson forward to present. Councilmember Whitlock stated for public record he would be taking part in the discussion, but would refrain from voting on this issue due to a business conflict.


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Mr. Robinson outlined the request (Z2020-002) from Influencers USA, Inc., on behalf of the property owner, Paradise Evangelistic Association, Inc., to modify the conditions of zoning on +/- 11.2 acres of property in tax parcel R7199 224. The subject property is currently zoned O-I (Office-Institutional District) and will not change. The proposed modified zoning request is for an entitlement to develop the site with a ±74,843 SF building intended to be primarily used as a place of religious assembly and a four-story, ±110,000 SF office building. Mr. Robinson showed the location map and described the surrounding conditions. He explained that the current approval was for construction of a 60,000 square foot church.

• In 2003: the property was annexed into The City of Duluth and Rezoned PUD. • In 2009, a modified site was approved. The amended site plan included 178,796 SF

of retail and office space. • Building 100 was approved to be 64’ tall. • 2018: Paradise Evangelistic Association Inc. requested the property be rezoned O-I for

the construction of a 60,000 SF multi-purpose building weekend church and weekday institutional uses.

• 2020: Paradise Evangelistic Association submitted an application to modify the conditions of zoning to allow the applicant to subdivide the property and sell a portion for an 110,000 SF office building.

Mr. Robinson showed the topography of the subject site as well as height elevations for the property and proposed structures. He discussed the site plan and said the applicant intends to subdivide into three separate parcels. Parcel 1 is to be used for Religious Organization (NAICS 8131), Professional, Administrative, and Financial Offices (NAICS 51-55), and the total building area may be up to 75,000 SF and not exceed 50’ in height. Parcel 2 shall be Professional, Administrative, and Financial Offices (NAICS 51-55), Medical Offices (NAICS 62), and the total building area may be up to 110,000 SF and not exceed 50’ in height. Parcel 3 will serve as common area (parking, driveways, drive isles, landscape, buffers, retaining walls, stormwater facilities, utilities, etc.) for both Parcel 1 and Parcel 2. Said common area will be privately owned and maintained by the property owner’s association. Mr. Robinson highlighted the three ingress and egress points, which are currently proposed as right in, right out on Sugarloaf, right exit only on Old Peachtree, and another full access point on Old Peachtree. The plan is subject to approval by Gwinnett County Dept. of Transportation. The existing traffic count estimated 49,508 cars per day at this intersection. The proposed development would increase 6,370 trips per day, with 556 increase in the morning (13%) and approximately 684-trip increase in the afternoon (15%). He also reported that the applicant has begun the Land Disturbance permitting process with Gwinnett County DOT. If Gwinnett DOT denies the full access point of ingress/egress, the applicant has prepared a site plan showing an RCUT. The preliminary architecture concept was shown to be contemporary with glass, stone, aluminum. The ForwardDULUTH Comprehensive Plan notes that the character of a property in Established Neighborhoods should include a high standard of family living, proximity to amenities and employment opportunities, and proximity to regional connectors (PIB, Sugarloaf Parkway, Buford Highway, and Pleasant Hill Road. Staff feels that the proposed


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land uses and intensities are appropriate to support present and future inhabitants of the City of Duluth. The Duluth Planning Commission recommended Approval of Case Z2020-002 with conditions as presented at the May 18, 2020 public hearing and staff recommends approval. Mayor Harris called for discussion from Council. Councilmember Jones asked about the original parking of 473 spots and accessible spaces. Mr. Robinson said the new estimate is 571 but with a shared parking agreement, which works well between religious and non-religious uses because their peak usage times are vastly different. The agreement will be noted on the final plat and recorded with the County. The required amount of accessible parking by law is 2%. A land disturbance permit calls for Gwinnett County Fire Marshal to check for ADA compliance. Councilmember Bomar questioned how much is the traffic would increase between the original proposed uses of church only vs. this new plan. She was also concerned with full access curb cut, and the need for receiving room in the median. She felt that an RCUT would be a safer solution for this property. Councilmember Bomar also raised questions regarding the architecture. She noted a preference not to see a blank wall. Mr. Robinson responded that it is glass. Mayor Harris called the applicant forward. Zoning attorney Alex Brock with Smith, Gambrell Russell, of 1230 Peachtree St, Atlanta, Pastor Ashley Evans and Jason Joseph of Mayfair Street Partners came forward representing the applicant, Influencers Church. Mr. Smith wanted to clarify some misinformation presented via social media. In 2018, the rezoning concerns raised were from an intense retail use to smaller 60,000 sf option. He noted number of social programs that would be included, medical and counseling facilities. They did not have the relationship with Mayfair in 2018 to present this opportunity for a separate office building. This new request is simply a modification of the 2018 plan to add 110 sf building. They are presently in the land disturbance phase for the church. Mr. Smith showed some renderings and addressed the landscaping, which provides parking lot buffers. Another issue brought up regarding the subdivision of property and ownership. The church will own its parcel and the office building will own its building, but some common areas will be shared for maintenance and use of parking and landscape islands. The proximity of office building to the Stonebriar neighborhood was also a concern. Mr. Smith reported that there are over 1000 feet between property lines with an undeveloped townhome property in between. That community was approved by Gwinnett County in 2015 and mostly bordered by a detention pond, likely to become multifamily or office in the future rather than townhomes. Mr. Smith showed the zoning map and noted this area is mixed between institutional/office and residential uses and described some nearby projects. He


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then discussed the maximum building height of 50’, which is 18 feet less than what was previously approved. Mr. Smith concluded with mentioning the traffic design, and pointed out that the 2009 PUD rezoning estimated 9,500 daily trips; the new proposal is 6,800 is for both. Pastor Ashley Evans 2743 Pinebloom Way, Duluth of Pastor Influencers Church came forward to elaborate on his vision for a multi-cultural, multi-generational church as a spiritual, social, and emotional hub (“wellness precinct”) in Gwinnett County. Mr. Jason Joseph of 26 Milton Avenue, Alpharetta GA, came forward to explain how the addition of the medical building came about. He provided background on their vision of supplementation and statistical sustainability, which they feel will be an amazing complement to this existing corridor. Within a 3-5 mile radius of this site, they have analyzed the 5-10 year growth expectations and projected needs for health care professionals from the real estate investment side, tenant representatives, and large pediatric groups. A quantitative review of the recent expansion and success for these groups in Johns Creek show that the next big area is Duluth. Mayor Harris called for questions/comments from the public. There being none, she asked for further comments from Council. Councilmember Jones expressed his uncertainty. Councilmember Bomar noted that, as part of DOT review, she wants to look at the safety and more favorable to RCUT, and asked for studying the movements of the nearby intersections as well. There is not an acceleration lane for right exit on Old Peachtree closest to Sugarloaf. She is in favor of the office building use in close proximity to residential, but asked about any impact to buffers. Mr. Robinson replied that the buffers are not actually impacted; the setback was reduced in one area. Mayor Harris closed the public hearing and called for a motion. A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to approve ordinance O2020-15 for Case #Z2020-002 with conditions as presented. Those voting for: Council members Bomar, Jones, Kelkenberg Abstaining: Councilmember Whitlock

Motion carried.


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2. ORDINANCE TO ADOPT THE FY21 BUDGET {E} Mayor Harris opened the public hearing. City Manager James Riker presented. Per the State Code of Georgia, the Mayor and Council are required to hold a public hearing in order to receive public comments on the proposed FY 2021 Annual Operating and Capital Projects Budget. Prior to this public hearing, staff and Council reviewed the proposed FY 2021 budget at two Budget Workshops that were conducted virtually. A public hearing was held on during the June 8 Council meeting at the Red Clay Theatre. The City Manager presented the strategic vision statements of the City and the proposed FY 2021 balanced budget. Mr. Riker presented the City’s vision statements, summary of operating budget, revenue, expenses, and capital projects. He showed the General Fund budget comparison with needed reserves to balance the budget. At Council’s direction, a 1% COLA will be given to employees as soon as the Atlanta CPI rises above 1%. The FY2020 Capital Reserves show the City in a strong cash position. Revenue drivers do not change much from year to year. As a service organization, salaries/benefits are majority of expenditures. Mr. Riker showed budget changes by department. Staff has worked through some assumptions in the wake of COVID, and tried to be conservative on the revenue side. He showed the Millage rate history and noted that before 2005, it was actually higher. Although the digest is growing, a higher amount of uncollectible property tax may be likely going forward. Staff was asked to monitor three revenue categories. Mr. Riker was pleased to report collections for Occupation Tax Certificates (renewals 93% of budget) Alcohol renewals (73% of budget) and Property taxes (over 99%). He also touched on medical coverage expenses, and positions that were not filled/funded when budgets were created initially, with the understanding that staff would provide regular updates so that the positions could be restored when funding allows, especially for Police and Public Works due to demands for services. At this point, instead of running at a deficit and requiring reserves to balance, there should be a surplus of approximately 1.5M at year-end. Mr. Riker was also pleased to report that the Downtown Development Authority closed the land transaction with THRIVE. Staff will continue to monitor revenues/expenses and move forward with the Tax Allocation District bond strategy. He further stated that 163.4 million received in CARES Act reimbursement funds was going to be monitored through Gwinnett County. As Georgia Municipal Association Chairperson, Councilmember Kelkenberg commented that County Commissioner Nash is anxious to work with the City, and the County will handle the auditing, etc. Most of them are grant funds that do not require repayment, and the City should be treated fairly in his estimation. Mayor called for discussion from Council.


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Councilmember Jones asked the value of the insurance premium increase cost that was passed on to employees. Mr. Riker noted it was approximately $70,000. Councilmember Jones felt that if the City ended the year on a surplus, then the COLA and maintenance of the prior percentage of insurance premium coverage should be reinstated. The others agreed. Councilmember Bomar did feel the need for caution as the course of the virus is unknown as well as the true full effect on finances. Her concern is that the City could be looking at a much bigger challenge next year. Councilmember Whitlock agreed and said that we are not through this crisis at all. Stimulus checks will end in July and we will see the worst ahead financially. Mayor Harris encouraged all to attend sessions of the Georgia Municipal Association virtual conference with sessions by the Metro Atlanta Mayors Association on planning for this potentially turbulent time ahead. The Mayor called for questions/comments from the public. Being none, she closed the public hearing and called for a motion. A motion was made by Councilmember Jones, seconded by Councilmember Kelkenberg, to approve ordinance O2020-16 adopting the Fiscal Year 2021 Budget with City to absorb percentage increase of medical premium. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried. IV. NEW BUSINESS

1. AUTHORIZATION FOR POWER EASEMENT- GA POWER/6S BREWING {F}

Council considered authorizing the Mayor and/or City Manager to execute an easement by and between the City of Duluth and Georgia Power to allow Georgia Power to provide 6S Brewery with power service through the City's alley (parcel 6293A051). Georgia Power will provide an aerial connection above the existing string lights. Allowing an aerial connection will preserve the decorative stamped concrete in the adjoining patio. A motion was made by Councilmember Bomar, seconded by Councilmember Jones, to authorize the Mayor and/or City Manager to execute a power line easement for the described area as presented. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried.


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2. AUTHORIZATION FOR PATIO LEASE – 6S BREWING {G}

Council to consider authorizing the Mayor and/or City Manager to execute a Patio Lease by and between the City of Duluth and 6S Brewery. The City will be responsible for removing the existing landscape within the Patio Lease area. 6S Brewery will be responsible for planting and maintaining new landscape, supplying tabletops, providing seating and maintaining the patio area. Councilmember Bomar asked about the elevation change between the gazebo and patio area. Councilmember Jones asked about the cost of removing the landscaping that is currently there. Mr. Riker said that public works staff might be able to handle removal; the lease would allow the City to approve the plan for replanting. Councilmember Jones also questioned the timeline and Mr. Riker said mid-July. Other property owners have been asked to improve the nearby areas as well. A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to authorize the Mayor and/or City Manager to execute a City Attorney approved patio lease for the described area as presented. The terms and provisions of the lease shall be consistent with similar leases in Parsons Alley. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried. V. MATTERS FROM COUNCIL Councilmember Bomar spoke about her concerns on intersection of Hardy Street and Hill Street with the proposed pedestrian crossing, and asked City Engineer Margie Pozin to re-visit the plans. Mayor Harris asked Ms. Pozin the status of “pre-warning” flashing lights on Abbott’s Bridge Rd (Hwy 120) approaching Hill Street. Councilmember Bomar was also concerned with obstruction for sight distance at 120/George Rogers and the potential to raise the power lines and not block the signals.

VI. ADJOURNMENT A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar to adjourn at 7:26 pm. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried.


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The next scheduled meeting of the Mayor and Council is July 13, 2020 at Duluth City Hall Council Chambers, 6:00 p.m.

KM 7/7/20

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MEMORANDUM OF AGREEMENT By and Between The

Cities of Berkeley Lake, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Norcross, Peachtree Corners, Snellville, Sugar Hill and Suwanee

And GWINNETT COUNTY, GEORGIA

TO PROVIDE LONG-TERM AMBIENT TREND MONITORING AND MACROINVERTEBRATE BIOASSESSMENT MONITORING DATA

The Cities of Berkeley Lake, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Norcross, Peachtree Corners, Snellville, Sugar Hill and Suwanee, and Gwinnett County, Georgia hereby enter into an agreement to make the Long-Term Ambient Trend Monitoring Data and Macroinvertebrate Bioassessment Monitoring Data available to the Cities of Berkeley Lake, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Norcross, Peachtree Corners, Snellville, Sugar Hill and Suwanee. The Metropolitan North Georgia Water Planning District (Metro District) operates as a planning entity charged with developing comprehensive regional and watershed-specific plans to be implemented by local governments in the Atlanta Metropolitan Area. As such they have developed The Water Resource Management Plan (“Metro District Plan”), dated June 2017, which includes Action Items concerning monitoring the water quality in the streams located within Gwinnett County (Watershed 10; Long-Term Ambient Trend Monitoring, and Watershed 11; Macroinvertebrate Bioassessment). These Action Items require local governments to monitor permanent representative stations for water quality indicators or macroinvertebrate bioassessment indicators. One option for the local governments to meet these Action Items is to follow a Georgia EPD-approved Watershed Protection Plan. Since Gwinnett County has a Georgia EPD-approved Watershed Protection Plan, the County can share this data with any city within Gwinnett County. By signing this MOA, all parties agree to the following:

1) As shown in the Metro District Plan, Action Item Watershed 10, Long-Term Ambient Trend Monitoring; each local government may monitor permanent representative stations consistent with a Georgia EPD-approved Watershed Protection Plan. Any signatory City may request the County’s data from its Georgia EPD approved Watershed Protection Plan and use it to meet the requirements of Item one (1) of Action Item Watershed 10, Long-Term Ambient Trend Monitoring.

2) As shown in the Metro District Plan, Action Item Watershed 11,

Macroinvertebrate Bioassessment Monitoring; each local government may monitor permanent representative stations consistent with a Georgia EPD-approved Watershed Protection Plan. Any signatory City may request the County’s data from its Georgia EPD approved Watershed Protection Plan and

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use it to meet the requirements of Item one (1) of Action Item Watershed 11, Macroinvertebrate Bioassessment Monitoring.

3) Gwinnett County is responsible for complying with Metro District requirements

as described herein, will make every effort to complete the monitoring as described within the Gwinnett County Watershed Protection Plan. However, if sampling is not performed as described therein, the County will record the reasons for the error and provide to any signatory City the reason the data was not collected upon request. The County and Cities agree that the County cannot be held responsible for any non-compliance attributed to any signatory City by any regulatory agency, and that any non-compliance will remain solely an issue for the signatory City and the particular agency.

4) Gwinnett County may occasionally modify the Gwinnett County Watershed

Protection Plan. Where such a modification occurs, the County will notify the signatory Cities within thirty (30) days of the EPD’s approval of such modifications.

5) This MOA shall continue in effect from year-to-year and can be terminated at the

will of any signatory party upon thirty (30) calendar days’ written notice to the other party.

6) This MOA constitutes the entire agreement between the parties as to all matters

contained herein. All subsequent changes to this MOA must be in writing and signed by all parties.

7) This Memorandum of Agreement by and between Cities of Berkeley Lake,

Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Norcross, Peachtree Corners, Snellville, Sugar Hill and Suwanee and Gwinnett County for dissemination of data concerning the Long-Term Ambient Trend Monitoring and Macroinvertebrate Bioassessment Monitoring will become effective this_____ day of 2020.

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In witness hereof, the parties hereto acting through their duly authorized agents have caused this MOA to be signed. (SIGNATURES BELOW ON SEPARATE PAGES) Signed, sealed and delivered in the CITY OF _____ BERKELEY LAKE ______ presence of: __________________________ By: _ __________________________ Unofficial Witness Lois Salter

Mayor __________________________ Attest: _________________________ Notary Public (Name) City Clerk My commission expires: [NOTARY SEAL] __________________________ By: _________________________ City Attorney (Name)

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Signed, sealed and delivered in the CITY OF _____DACULA ______ presence of: __________________________ By: ____________________________ Unofficial Witness Joey Murphy

City Administrator __________________________ Attest: _________________________ Notary Public (Name) City Clerk My commission expires: [NOTARY SEAL]

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Signed, sealed and delivered in the CITY OF _____ DULUTH ______ presence of: __________________________ By: ____________________________ Unofficial Witness James Riker

City Manager __________________________ Attest: _________________________ Notary Public (Name) City Clerk My commission expires: [NOTARY SEAL]

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Signed, sealed and delivered in the CITY OF _____GRAYSON ______ presence of: __________________________ By: ____________________________ Unofficial Witness Allison Wilkerson

Mayor __________________________ Attest: _________________________ Notary Public (Name) City Clerk My commission expires: [NOTARY SEAL]

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Signed, sealed and delivered in the CITY OF _____ LAWRENCEVILLE ______ presence of: __________________________ By: ____________________________ Unofficial Witness Chuck Warbington


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Signed, sealed and delivered in the CITY OF _____ LILBURN ______ presence of: __________________________ By: ____________________________ Unofficial Witness Bill Johnsa


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Signed, sealed and delivered in the CITY OF _____ NORCROSS ______ presence of: __________________________ By: ____________________________ Unofficial Witness Rudolph Smith


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Signed, sealed and delivered in the CITY OF _____ PEACHTREE CORNERS ______ presence of: __________________________ By: ____________________________ Unofficial Witness Brian Johnson


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Signed, sealed and delivered in the CITY OF _____ SNELLVILLE ______ presence of: __________________________ By: ____________________________ Unofficial Witness Barbara Bender


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Signed, sealed and delivered in the CITY OF _____ SUGAR HILL ______ presence of: __________________________ By: ____________________________ Unofficial Witness Paul Radford


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Signed, sealed and delivered in the CITY OF _____ Suwanee ______ presence of: __________________________ By: ____________________________ Unofficial Witness James M. Burnette, Jr.


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Signed, sealed and delivered in the GWINNETT COUNTY presence of: ___________________________ By: _________________________ Unofficial Witness Charlotte J. Nash Chairman ___________________________ Attest: _______________________ Notary Public Diane Kemp County Clerk My commission expires: [NOTARY SEAL] Approved as to Form: Senior Assistant County Attorney

Parcel ID Year Name Location Address Base Amt Pen & Int Write Off Reason For Write Off

B070019 2019 Natures Elegance Floral Design 3578 West Lawrenceville St 34 3.26 37.26 Business Closed 12-2018 per 2018 Tax Return.B201508163 2019 V8P Bar 2860 Peachtree Ind Blvd Ste 400 22.14 2.12 24.26 Closed business John Compton found vacant 8-2-19B201508173 2019 35 Off Inc 3455 Peachtree Ind Blvd Ste 990C 159.06 15.23 174.29 Dispossessory Notice from Court moved12-9-2019. New Bus going in B201511544 2016 Peace Love & Decorating Inc 2650 Chattahoochee Dr 211.34 99.7 311.04 (warehouse) Gwinnett County Deactivated was duplicate billing themB201511544 2018 Peace Love & Decorating Inc 2650 Chattahoochee Dr 195.74 64.6 260.34 (warehouse) Gwinnett County Deactivated was duplicate billing themB201614218 2019 Solim/PPS Card Service 2550 Pleasant Hill Rd Ste 106 131.87 12.63 144.5 Closed, did not renew 2020B201719452 2017 LWIN Family Co In Sprouts, Cooler with Sushi 510.91 206.62 717.53 Gwinnett County Deactivated only had small cooler in Sprouts with SushiB201719689 2019 Unik Hand Creations 3131 Main St 65.77 6.3 72.07 Unik moved out 2018 Vom Fass moved in December 2018B201721081 2019 Edge Total Hair 2605 Pleasant Hill Rd Ste 200 83.46 7.99 91.45 Owner was killed outside of his shop 1-7-2019. New Owner came in 4-19-2019.B201721452 2019 Choice Agency LLC 2550 Pleasant Hill Rd Ste 117 23.91 2.29 26.2 Found empty by John Compton Compliance Officer B201721462 2018 C&D Hobbs EnterpriseLLC 2605 Pleasant Hill Rd Ste 600A 225.49 74.42 299.91 Closed in 2017B201721462 2019 C&D Hobbs EnterpriseLLC 2605 Pleasant Hill Rd Ste 600A 225.49 21.6 247.09 Closed in 2017B201721559 2017 Techno Motriz 3562 Buford Hwy Ste 105 288.31 116.59 404.9 Closed 12-31-2017B201721559 2018 Techno Motriz 3562 Buford Hwy Ste 105 288.31 95.15 383.46 Closed 12-31-2017B201721559 2019 Techno Motriz 3562 Buford Hwy Ste 105 288.31 27.62 315.93 Closed 12-31-2017B201821691 2018 V&M Auto Service LLC 1855 Buford Hwy Ste B 175.44 57.9 233.34 Location Found vacant 8-2-19 by License Compliance Officer John Compton. B201821691 2019 V&M Auto Service LLC 1855 Buford Hwy Ste B 175.44 16.8 192.24 Location Found vacant 8-2-19 by License Compliance Officer John Compton. B201821701 2019 9988.com LLC 2645 N Berkeley Lake Rd NW Ste 204 29.81 2.85 32.66 Did not renew 2018 renewal.B201821726 2018 Purple Poppy Consignment 3166 Buford Hwy Ste A 54.64 18.03 72.67 Moved out in 2018 from Stoddert HouseB201821726 2019 Purple Poppy Consignment 3166 Buford Hwy Ste A 54.64 5.23 59.87 Moved out in 2018 from Stoddert HouseB201821732 2019 Vickys Hair Salon & Spa 3200 Buford Hwy ste 1 177.99 17.05 195.04 Closed 12-31-16, set up in errorB201821744 2019 GN Electrical Construction 3400 Postal Dr Ste G 79.07 7.57 86.64 Site found vacant B201821754 2018 Leviathans Enterprises LLC 3455 Peachtree Ind Blvd Ste 505 285.49 94.22 379.71 Bankruptcy and they abandoned propertyB201821754 2019 Leviathans Enterprises LLC 3455 Peachtree Ind Blvd Ste 505 282.48 27.05 309.53 Bankruptcy and they abandoned propertyB201825582 2019 Dr Langs Chinese BiLingual School 4120 Chattahoochee Trce Room 2 20.59 1.16 21.75 Dr Lang passed away and her husband closed the school September of 2019B201825714 2019 Barchix Inc 3547 Peachtree Ind Blvd 510.91 48.94 559.85 Moved out of City 8-16-19B201825730 2019 Tanstel Electronics LLC 2863 Peachtree Ind Blvd Ste G 66.82 6.4 73.22 John Compton, License Compliance Inspector found location vacantB201826942 2018 Stingy Genius Marketing Agency 3940 Buford Hwy Ste B109 77.63 25.62 103.25 Closed 6-26-19B201826942 2019 Stingy Genius Marketing Agency 3940 Buford Hwy Ste B109 77.63 7.43 85.06 Closed 6-26-19B201931602 2019 Universal Tint Pros LLC 4579 Abbotts Bridge 99.05 9.49 108.54 Moved out of Duluth Tax District in June 2018B201931610 2019 Construction 420 LLC 2856 Buford Hwy Ste 6 455.36 43.62 498.98 Did not renew 2019 Occ Tax. Made Inactive 12-31-2018 B201931619 2019 Iarzell Gallery of Fine Art 3195 Buford Hwy Ste 4 74.48 7.13 81.61 Closed business 9-26-18. Drs Office moved in January 2019B201931625 2019 Metro Glass Worldwide LLC 2856 Buford Hwy Ste 6 96.1 9.21 105.31 Made inactive 12-31-2018 Did not renew 2019 B201931643 2019 Cans LLC/Trusted Toolbox 3221 Hill St Ste 106B 97 9.29 106.29 Moved Out of Tax District 2018 Due to redevelopment of old Dennis Taylor Buildings B201931690 2019 Recover Ease LLC 3840 Peachtree Ind Bkvd Ste 101 355.26 34.03 389.29 Mail was returned , Found site vacantB201931708 2019 Georgia Laboratory Management LLC 4300 Pleasant Hill Rd Ste A 294.01 18.16 322.17 John Compton License Compliance Officer found location empty 8-29-19.B201931717 2019 BGP Group LLC 2550 Pleasant Hill Rd Ste 408 79.4 7.61 87.01 Business Closed and moved out of DuluthB201931720 2019 Kreativa Advertising LLC 4195 Pleasant Hill Rd Ste D 129.45 12.4 141.85 John ComptonLicense Compliance Officer found location vacant 8-2-19B201931721 2019 Infinate Laboratories GA LLC 4300 Pleasant Hill Rd Ste A 294.01 28.16 322.17 Location found vacant per John Compton B352280 2018 Salerm of Georgia 2670 North Berkeley Lake Rd Ste 13 144.65 47.74 192.39 Business closed 6-30-18 B352280 2019 Salerm of Georgia 2670 North Berkeley Lake Rd Ste 13 144.65 13.85 158.5 Business closed 6-30-18 B381064 2019 Tire De Luxe 2906 Buford Hwy 32.95 3.16 36.11 Closed business and now new business in space Fast & Furious Garage B410456 2019 Atlanta Art Licensing and Marketing 3435 Buford Hwy 128.4 12.3 140.7 Moved out of Duluth 1-1-2019B421588 2019 Techport Thirteen Inc 4227 Pleasant Hill Rd Ste 200 55.55 5.32 60.87 Moved to Berkeley Lake 1-1-2019B430608 2019 Seoul Shinjung Inc 3585 Peachtree Ind Blvd Ste 136 131.87 12.63 144.5 Closed due to Covid 19B430656 2016 Aero-Med LTD 3720 Summit Ridge Pkwy Ste 200 29.55 0.57 30.12 Moved out of Duluth 12-15-2018B430656 2018 Aero-Med LTD 3720 Summit Ridge Pkwy Ste 200 1007.56 69.88 1077.44 Moved out of Duluth 12-15-2018

Total 9918.91

2019 Insolvent Tax Write Offs

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ORDINANCE NO. O2020-18

AN ORDINANCE GRANTING SPECIAL USE APPROVAL ON A ±5.07 ACRE PROPERTY IN

LAND LOT 201, 7TH DISTRICT, GWINNETT COUNTY CONSISTING OF TAX PARCELS

R7201 002 & R7201 385. THE PROPERTY, GENERALLY KNOWN AS “TG ROGERS”, IS

LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT “B” AND CONCEPTUALLY SHOWN

ON ATTACHED EXHIBIT “D”. THE ORDINANCE PROVIDES FOR FINDINGS,

ESTABLISHES CONDITIONS OF APPROVAL AS SHOWN ON ATTACHED EXHIBIT “C”,

PROVIDES FOR SEVERABILITY, REPEALS CONFLICTING ORDINANCES, ESTABLISHES

AN EFFECTIVE DATE, AND IS FOR ALL OTHER LAWFUL PURPOSES.

WHEREAS, the applicant, WF Duluth LLC, on behalf of property owner, TG Rogers LLC has filed

a complete application (Case Number SU2020-003) with the City of Duluth seeking Special Use

approval to construction and operate carwash on the property described above; and

WHEREAS, per Article 11 of the Duluth Unified Development Code, a Special Use request must

be approved by the Governing Body; and

WHEREAS, the City of Duluth Planning Commission held a public hearing at the meeting of June

15, 2020, duly noticed as prescribed by law and published in the Gwinnett Daily Post, regarding

the application. At that meeting, the Planning Commission recommended approval of the Special

Use as is set forth in the minutes of said meeting; and

WHEREAS, the City Council held a public hearing at the meeting of July 13, 2020, 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 that the Unified

Development Code of the City of Duluth is hereby amended by changing the official zoning map

adopted by that code to designate tax parcels R7201 002 and R7201 385, located in the HC-R

(Highway Commercial - Retail District) zoning district, with Special Use approval SU2020-003 by

way or Ordinance O-2020-18.

SECTION 1. FINDINGS.

Pursuant to Article 11 of the Duluth Unified Development Code, the City Council finds that it is

appropriate to grant Special Use approval to the property generally referred to as “TG Rogers” for

the following reasons:

A. The entitlement is suitable given the use and development of adjacent and nearby properties. The site is bound to the north by the Norfolk Southern Railroad right-of-way. To the east across Buford Highway is a residential neighborhood known as Cresswell and commercial uses such as a retail store and bank. To the south across the Buford Highway and Rogers Bridge

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Road intersection is a gas station and large shopping center zoned HC-R. To the west across Rogers Bridge Road is a pharmacy zoned HC-R.

B. The proposed special use request is not anticipated to adversely affect the existing use or usability of adjoining or nearby properties as conditions will be imposed on the development.

C. The proposed special use request is not anticipated to cause an excessive or burdensome use

of existing streets, transportation facilities, utilities, or schools.

D. The Vision & Aspirations chapter and supporting Character Area Map of FORWARDuluth (also known as the Comprehensive Plan) identifies the Character Area of this property as the Buford Highway North Corridor. The Future Land Use Map (FLUM) classifies the subject property as Mixed Use. The proposed development adheres to the future vision of the site.

SECTION 2. LEGAL DESCRIPTION.

The property that is subject to this ordinance consists of ±5.07 acres and is legally described on

Exhibit “B”, attached hereto. Said Exhibit is incorporated by reference as if fully set forth herein.

SECTION 3. CONDITIONS OF APPROVAL & SITE PLAN

Special Use approval is subject to the Master Concept Plan attached hereto as Exhibit “D” and

conditions of approval attached hereto as Exhibit “C”. 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 conflicting ordinances and conditions are hereby repealed and replaced with the conditions of

approval set forth in this Ordinance, No. O-2020-18.

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ATTACHMENTS:

Exhibit “A”: Maps

Exhibit “B”: Survey and Legal Description

Exhibit “C”: Conditions of Approval

Exhibit “D”: Proposed Master Concept Plan (Site Plan)

Exhibit “E”: Proposed Architectural Elevations

Exhibit “F”: Applicant’s Responses to the Standards Governing Special Use Consideration

Exhibit “G”: Public Hearing Advertisement/Public Notice

{Signatures on the Following Page}

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IT IS SO ORDAINED this 13th day of July, 2020.

_____________________________

Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha Anderson Bomar, Post 1 _____________________________ Vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5 Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________

______________________________ ______________________________ ATTEST: ______________________ Teresa S. Lynn, City Clerk

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Exhibit “A”

Maps

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Exhibit “B”

Survey and Legal Description

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Exhibit “C” Conditions of Approval

General

1. The car wash shall be developed in general accordance with the approved Master Concept Plan. Minor changes to the Master Concept Plan may be approved by the Planning and Development Director. Any changes that result in a development of such intent and character that has not been conceptually approved by the City Council shall require additional approval in accordance with procedures established in the Procedures and Permits Article of the Unified Development Code for a revision of conditions of rezoning approval.

2. A final plat subdividing the property shall be approved and recorded by the Planning and Development Department prior to issuance of any development permit. Cross access easement allowing inter-parcel access shall be recorded and noted on the final plat. All conditions shall be shown on the final plat.

3. Special Use cases SU2019-002 and SU2019-003 are hereby terminated with the approval of this Special Use request.

Architecture and Site Design 4. In addition to the building design meeting the minimum requirements of the Duluth Building

Code and Duluth Unified Development Code, the exterior of the car wash shall be substantially consistent with the proposed architectural elevations provided by the applicant. No tarp, plastic, cloth or any other type of material not suitable for permanent installation, as determined by the Planning and Development Director, shall be used on the vacuum canopies. Final building and canopy architecture shall be approved by the Planning and Development Director.

5. Landscape plan shall be approved by the Planning and Development Director prior to the issuance of any development permit and conform to all applicable sections of the Unified Development Code. Landscape plan shall include additional landscaping to screen the view of the stacking lanes at the payment kiosks from the right-of-way. Enhanced landscaping may include trees, berms, shrubs, hedges and or ground cover. The required 10-foot landscape strip shall not be located inside any easement.

6. The proposed driveway on Rogers Bridge Road shall meet the requirement of UDC Section 909.07 as to align with the existing driveway on the opposite side of the road. Georgia Department of Transportation shall review and approve the land development permit for stacking and utility encroachment into state maintained right-of-way.

7. The vacuum motor shall be enclosed by a six foot tall acoustic enclosure. The walls of the

acoustic enclosure shall be constructed of or contain sound mitigating features or products that reduce spill over noise to adjacent residential properties. The design of the enclosure shall be reviewed and approved by the Planning and Development Director prior to the issuance of any building permit. A sound report detailing the decibel levels from neighboring

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properties shall be submitted to the Planning and Development Department prior to the issuance of any building permits.

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Exhibit “D”

Master Concept Plan

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Exhibit “E”

Proposed Architectural Elevation

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Exhibit “F”

Applicant’s Response to the Standards Governing Special Use Consideration

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Exhibit “G”

Public Notice

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SU2020-003

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CITY OF DULUTH CITY COUNCIL

Staff Report July 13, 2020

CASE NUMBER:

SU2020-003

LOCATION:

Northwest corner at the Buford Highway and Rogers Bridge Road Intersection

PARCELS:

R7201 002 & R7201 385

CURRENT ZONING: HC-R (Highway Commercial - Retail District) with Special Use approval

PROPOSED ZONING:

HC-R (Highway Commercial - Retail District) with Special Use approval

ACREAGE:

+/- 5.07 Acres

REQUEST:

Modification of Special Use approval to allow for the construction and operation of an automated car wash facility.

OWNER: APPLICANT:

TG Rogers, LLC 3350 Riverwood Parkway SE Ste. 750 Atlanta, GA 30339 WF Duluth, LLC 3721 Roswell Road Atlanta, GA 30342

STAFF RECOMMENDATION:

APPROVAL WITH CONDITIONS

PLANNING COMMISSION RECOMMENDATION:

APPROVAL WITH CONDITIONS

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I. PURPOSE AND DESCRIPTION OF THE REQUEST

The purpose of this Special Use request (SU2020-003) is to modify the Special Use approval granted on June 19, 2019 to operate a car wash facility on a +/-5.07 acre property located in Land Lot 201 of the 7th District, Gwinnett County, consisting of tax parcels R7201 002 & R7201 385. Specifically, the property is located at the northwest corner of Buford Highway and Rogers Bridge Road. The property is zoned HC-R with existing Special Use approval to operate a limited service restaurant with drive-through (SU2019-002) and an automated car wash (SU2019-003). The previously approved entitlements from SU2019-002 and SU2019-003 will terminate with the approval of this item.

On June 19, 2019, City Council approved SU2019-002, which allows for a fast food restaurant with a drive-through lane on the corner of Buford Highway and Rogers Bridge Road. At the same meeting, City Council approved SU2019-003 that allowed for an automated car wash on the northern end of the property. The applicant is requesting to change the overall site plan by removing the fast food restaurant from the corner and replacing it with the car wash facility. The proposed change to the site plan results in a development of such intent and character that has not been conceptually approved by the City Council and therefore shall require additional approval in accordance with procedures established in the Procedures and Permits Article of the Unified Development Code for a revision of conditions of rezoning approval.

Maps detailing the location, zoning district and character area of the subject property are attached hereto as Exhibit “A”. The survey and legal description of the subject property are attached hereto as Exhibit “B”. Recommended conditions of approval are detailed in Exhibit “C”. The Applicant has submitted a Master Concept Plan (site plan) attached hereto as Exhibit “D” and building elevations attached hereto as Exhibit “E”.

II. EXISTING CONDITIONS

The subject property consists of two parcels totaling +/- 5.07 acres. They were originally developed in 2007 with the intent of constructing a one story multi-tenant commercial building totaling 31,000 square feet. The property was graded and utilities were installed at that time. The property is bound to the north by the Norfolk Southern railroad right-of-way, to the east by Buford Highway, to the south by Buford Highway and to the west by Rogers Bridge Road. To the east, across from Buford Highway, is an established neighborhood known as Cresswell containing 142 single-family detached units. The other three corners of this intersection contain a variety of retail, financial and restaurant uses.

III. REVIEW OF THE REQUEST

1. Literal Interpretation of the Unified Development Code (UDC)

A. Table 2-C of the UDC allows “Automotive Car Washes” in the HC-R zoning district by way of Special Use approval from the Duluth City Council.

B. Section 312 of the UDC establishes minimum water recycling. It requires: Approval by Gwinnett County is required for an automotive car wash as either a principal or accessory use. All new commercial conveyor car washes must install operational recycled water systems. A minimum of 50% of water utilized will be recycled.

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C. Section 1105 of the UDC establishes the Special Use Considerations.

The Special Use is designed to apply under any one of the following circumstances:

1. A Special Use listed under the zoning district is desired for development and a more intensive zoning district containing that use, as a use by right would not be appropriate for the property; or

2. A Special Use listed under the zoning district is desired for development and no

zoning district contains that use as a use by right; or 3. A unique use not addressed in any zoning district is desired for development

and is not likely to be duplicated within the City of Duluth; or 4. The density of development may be affected by the height of a building; or 5. The neighboring properties may be affected by the height of any structure; or 6. The Special Use would be consistent with the needs of the neighborhood or the

community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objective of the Comprehensive Plan.

In order to accommodate these particular uses, Special Use approval allows the City

Council to approve such a use on a particular parcel without changing the general

zoning district. Such approval shall be subject to the requirements set forth below

and any additional conditions deemed necessary to ensure the compatibility of the

Special Use with the surrounding properties. All Special Use applications shall be for

firm development proposals only. The Special Use shall not be used for securing early

zoning for conceptual proposals that may not be undertaken for some time. A Special

Use application shall be considered only if the application is made by the owner of the

property or by his/her authorized agent. The minimum requirements for a Special

Use approval are:

1. Any uses allowed under Special Use approval shall also conform to the requirements of this Development Code for all uses as found in the zoning district.

2. The application and review process for a Special Use shall be the same as for the

zoning district under which the Special Use is found. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility of the proposed use with its neighborhood.

3. In the approval process for a Special Use approval application, the City Council

shall consider the policies and objectives of the Comprehensive Plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in

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regards but not limited to traffic, storm drainage, land values and compatibility of land use activities.

4. If an application is approved and a Special Use approval is granted, all

conditions that may have been attached to the approval are binding to the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions.

5. Changes to a Special Use or development of a site for the Special Use, shall be

treated as an amendment to the Special Use Permit and shall be subject to the same application and review process as a new application.

6. An application for Special Use approval in a residential district and which use is

proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:

a. The Special Use shall operate within the dwelling on the property or, if

approved by the City Council, in an accessory structure.

b. The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of a Special Use to the neighborhood, except for any accessory structure approved by the City Council.

7. The owner of the property approved for a Special Use may voluntarily request

termination of the Special Use by notifying the Director in writing. The Director shall notify the City Council through the Planning Commission of the voluntary termination. The approval of a Special Use for a specific use which may be operated by a lessee under a private agreement with a lessor in any non-residential district shall not obligate the City Council to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the Special Use by the property owner.

8. The Planning & Development Department shall have the right to periodically

examine the operation of the specific use to determine compliance with the requirements and any conditions. If the Planning & Development Director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of ten days to come into compliance. If after ten days the violations continue to exist, the Director shall forward a report to the City Council through the Planning Commission who may recommend that action be taken to remove the Special Use from the property.

9. Upon approval by the City Council, a Special Use shall be identified on the official

zoning maps.

10. Upon approval by the City Council of a Special Use, the owner of the property shall be issued a notice from the Director that states the specific use permitted, the requirements of this Section and any conditions attached to the approval.

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11. The Planning & Development Department shall not issue a Certificate of Occupancy for the specific use unless all requirements and conditions of the Special Use approval have been fulfilled by the owner of the property.

2. Standards Governing the Exercise of Zoning Power

Section 1104.02 of the UDC establishes the standards governing the exercise of zoning

power. The following standards are relevant in balancing the interest and promoting

the public health, safety, morality, and general welfare against the right to the

unrestricted use of property:

A. How the proposed Special Use will permit a use that is suitable in view of the use and development of adjacent and nearby property.

B. How the proposed Special Use will adversely affect the existing use or usability of adjacent or nearby property.

C. Whether the property to be affected by a proposed Special Use has a reasonable

economic use as currently zoned.

D. Whether the proposed Special Use will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

E. Whether the proposed Special Use is in conformity with the policy and interest

of the Comprehensive Plan; Land Use Plan; transportation plans and other plans adopted for guiding development within the City of Duluth.

F. Whether there are other existing or changing conditions affecting the use and

give grounds for either approval or disapproval of the Special Use. The Applicant has provided written responses to the above Special Use standards as part of the application. Those documents are attached hereto as Exhibit “F”.

IV. PLANNING STAFF REVIEW

In 2018, the City of Duluth amended the Unified Development Code to require Special Use

approval for car washes in the HC-R zoning district. Prior to that amendment, this use was

allowed by right. The HC-R zoning district parallels Buford Highway on both sides of the road

from Davenport Road to the subject property on the northern end of the City with two

exceptions (District at Duluth zoned PUD and Woody’s Nursery zoned C-1).

The intent of the text amendment was to ensure certain types of uses would receive an

additional layer of review prior to approval. The uses that were changed from allowed uses

to Special Uses included drive-in and drive-thru restaurants, car washes and automotive

related retail uses. These types of businesses may be compatible in retail character areas

located near prominent intersections. However, in a downtown character area where

walkability and pedestrian-scale development is important, they may not be compatible.

The Vision & Aspirations chapter and supporting Character Area Map of FORWARDuluth (also known as the Comprehensive Plan) identifies the Character Area of this property as Buford Highway North Corridor. The Buford Highway North Corridor is currently developed

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in a typical suburban pattern. There are individual stand-alone commercial establishments as well as strip commercial centers and a large grocery store anchored shopping center. There are, however, a number of establishments that may be better suited for a more industrial setting such as warehouses, rock yards, towing companies, etc. There is also a large amount of undeveloped and underdeveloped land along Buford Highway, including this property. As development pressure continues to rise, it is expected that this area will be targeted by developers. The Comprehensive Plan encourages the development of vacant land and redevelopment of warehouse and non-retail properties into office, retail and mixed-used residential property. In the case of the subject property, an automated car wash is compatible with this character

area of the City. The Rogers Bridge Road/Old Peachtree Road/Buford Highway intersection

has multiple existing businesses with drive-thru lanes and vehicular canopies. These

businesses include fast food restaurants, a pharmacy, a bank, a dry cleaning business and a

gas station. The Conditions of Approval are attached hereto as Exhibit “C”.

V. RECOMMENDATION

On June 15, 2020 the Duluth Planning Commission recommended Approval with Conditions of case SU2020-003.

Planning staff recommends Approval with Conditions of case SU2020-003.

ATTACHMENTS:

Exhibit “A”: Maps Exhibit “B”: Survey and Legal Description Exhibit “C”: Conditions of Approval Exhibit “D”: Proposed Master Concept Plan (Site Plan) Exhibit “E”: Proposed Architectural Elevations Exhibit “F”: Applicant’s Responses to the Standards Governing Special Use Consideration Exhibit “G”: Public Hearing Advertisement/Public Notice

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Exhibit “A”

Maps

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Exhibit “B”

Survey and Legal Description

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Exhibit “C”

Conditions of Approval

General 1. The car wash shall be developed in general accordance with the approved Master Concept Plan.

Minor changes to the Master Concept Plan may be approved by the Planning and Development Director. Any changes that result in a development of such intent and character that has not been conceptually approved by the City Council shall require additional approval in accordance with procedures established in the Procedures and Permits Article of the Unified Development Code for a revision of conditions of rezoning approval.

2. A final plat subdividing the property shall be approved and recorded by the Planning and

Development Department prior to issuance of any development permit. Cross access easement allowing inter-parcel access shall be recorded and noted on the final plat. All conditions shall be shown on the final plat.

3. Special Use cases SU2019-002 and SU2019-003 are hereby terminated with the approval of this

Special Use request.

Architecture and Site Design

4. In addition to the building design meeting the minimum requirements of the Duluth Building Code and Duluth Unified Development Code, the exterior of the car wash shall be substantially consistent with the proposed architectural elevations provided by the applicant. No tarp, plastic, cloth or any other type of material not suitable for permanent installation, as determined by the Planning and Development Director, shall be used on the vacuum canopies. Final building and canopy architecture shall be approved by the Planning and Development Director.

5. Landscape plan shall be approved by the Planning and Development Director prior to the issuance of any development permit and conform to all applicable sections of the Unified Development Code. Landscape plan shall include additional landscaping to screen the view of the stacking lanes at the payment kiosks from the right-of-way. Enhanced landscaping may include trees, berms, shrubs, hedges and or ground cover. The required 10-foot landscape strip shall not be located inside any easement.

6. The proposed driveway on Rogers Bridge Road shall meet the requirement of UDC Section 909.07 as to align with the existing driveway on the opposite side of the road. Georgia Department of Transportation shall review and approve the land development permit for stacking and utility encroachment into state maintained right-of-way.

7. The vacuum motor shall be enclosed by a six foot tall acoustic enclosure. The walls of the

acoustic enclosure shall be constructed of or contain sound mitigating features or products that

reduce spill over noise to adjacent residential properties. The design of the enclosure shall be

reviewed and approved by the Planning and Development Director prior to the issuance of any

building permit. A sound report detailing the decibel levels from neighboring properties shall

be submitted to the Planning and Development Department prior to the issuance of any

building permits.

SU2020-003

13 | P a g e

Exhibit “D”

Master Concept Plan

SU2020-003

14 | P a g e

SU2020-003

15 | P a g e

Exhibit “E”

Proposed Architectural Elevation

SU2020-003

16 | P a g e

SU2020-003

17 | P a g e

Exhibit “F” Applicant’s Response to the Standards Governing Special Use Consideration

SU2020-003

18 | P a g e

SU2020-003

19 | P a g e

Exhibit “G”

Public Notice

SU2020-003

20 | P a g e

SU2020-003

21 | P a g e

Ray Williams, Chairman Alana Moss, Vice Chairperson

Niti Gajjar, Secretary

MINUTES PLANNING COMMISSION

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

Manfred Graeder Robert Pennington

Carey Fisher

June 15, 2020 RED CLAY THEATRE 6:00 pm

COMMISSIONERS PRESENT: Chairman Ray Williams, Vice Chairperson Alana Moss, Secretary Niti

Gajjar, Commissioners Manfred Graeder, and Bob Pennington COMMISSIONERS ABSENT: Carey Fisher STAFF PRESENT: Bill Aiken, Planning and Development Director Daniel Robinson, Senior Planner Forrest Huffman, Planner

I. CALL TO ORDER Meeting called to Order at 6:00pm

II. GENERAL BUSINESS

None

III. APPROVAL OF MINUTES

1. Approval of the May 18, 2020 Minutes

Motion to Approve the May 18, 2020 Minutes as presented by Commissioner Graeder, Seconded by Commissioner Pennington.

ALL FOR, Motion Passes 5-0

IV. OLD BUSINESS

None

V. NEW BUSINESS

PUBLIC HEARING

1. Case: SU2020-003 Applicant: WF Duluth, LLC Location: Corner of Rogers Bridge Road and Buford Highway Request: Special Use to allow for the construction and operation of an automated car wash

facility.

Planning Commission Minutes June 15, 2020

Page 2 of 4

2

Mr. Robinson presented for staff. The purpose of this Special Use request (SU2020-003) is to terminate SU2019-002 and SU2019-003 and to allow for the construction and operation of an automated car wash facility in the HC-R zoning district. In June of 2019, City Council approved the existing Special Use (SU2019-002) which allows for a fast food restaurant with a drive-thru lane on the corner of Buford Highway and Rogers Bridge Road. At the same meeting, City Council also approved SU2019-003 that allowed for an automated car wash on the northern end of the property. The applicant is requesting to change the overall site plan to remove the fast food restaurant from the corner and move the approved car wash to that location on the site. The change to the site plan is not minor in nature, therefore staff felt it was necessary that the request go through the typical Special Use process again. The subject site consists of two parcels totaling +/- 5.07 acres and was originally developed in 2007 with the intent of constructing a one story multi-tenant commercial building totaling 31,000 square feet. The site was graded and utilities were installed at that time. The site is bound to the north by the Norfolk Southern railroad right-of-way, to the east by Buford Highway, to the south by Buford Highway and to the west by Rogers Bridge Road. To the east, across from Buford Highway, is an established neighborhood known as Cresswell containing 142 single-family detached units. The other three corners of this intersection contain a variety of retail, financial and restaurant uses. In 2018, the City of Duluth amended the Unified Development Code to require Special Use approval for car washes in the HC-R zoning district. Prior to that amendment, this use was allowed by right. The HC-R zoning district parallels Buford Highway on both sides of the road from Davenport Road to the subject property on the northern end of the City with two exceptions (District at Duluth zoned PUD and Woody’s Nursery zoned C-1). The intent of the text amendment was to ensure certain types of uses would receive an additional layer of review prior to approval. The uses that were changed from allowed uses to Special Uses included drive-in and drive-thru restaurants, car washes and automotive related retail uses. These types of businesses may be compatible in retail character areas located near prominent intersections. However, in a downtown character area where walkability and pedestrian-scale development is important, they may not be compatible. The Vision & Aspirations chapter and supporting Character Area Map of FORWARDuluth (also known as the Comprehensive Plan) identifies the Character Area of this property as Buford Highway North Corridor. The Buford Highway North Corridor is currently developed in a typical suburban pattern. There are individual stand-alone commercial establishments as well as strip commercial centers and a large grocery store anchored shopping center. There are, however, a number of establishments that may be better suited for a more industrial setting such as warehouses, rock yards, towing companies, etc. There is also a large amount of undeveloped and underdeveloped land along Buford Highway, including this property. As development pressure continues to rise, it is expected that this area will be targeted by developers due to its location between two quality cities and its easy access to I-85. The Comprehensive Plan encourages the development of vacant land and redevelopment of warehouse and non-retail properties into office, retail and mixed-used residential property. In the case of the subject property, an automated car wash is compatible with this character area of the City. The Rogers Bridge Road/Old Peachtree Road and Buford Highway intersection already has multiple businesses with drive-thru lanes. Fast food restaurants, banks and dry cleaning businesses all have drive-thru lanes at, or in proximity to, this intersection. Including conditions to better screen the outdoor vacuum area from the inspection and requiring an enclosure around the vacuum motor will help ensure a quality development. Therefore, Planning staff recommends Approval with Conditions of case SU2020-003. Commissioner Graeder – Is there a condition regarding noise mitigation similar to the previous car wash special use request ?


Page 3 of 4

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Mr. Robinson – There is not. The previous car wash special use case was located directly next to the Rivers Edge neighborhood. In that case the vacuum motor was about 50 feet away from the homes. In this case the nearest home is over 500 feet away. Commissioner Graeder – I think the sound that is generated from the vacuum motor could negatively affect the remaining undeveloped portion of the property. It would be my preference to add a condition similar to the previous car wash special use case that required the vacuums be enclosed and that the sound be dampened. Secretary Gajjar – There is an opportunity for enhanced landscaping in the large island between the vacuum canopy and the undeveloped portion of the site. That would help the block some of the sound pollution. Mr. Robinson – The island will have trees planted within it. The site plan shown is only the site plan and not the landscape plan. All commercial sites are required to have a minimum of 20 tree units per acre. There is a minimum amount of trees that needed to be planted in order to satisfy that requirement which is in the UDC. The large island will have trees planted in it to meet that requirement. With no other questions for staff, Chairman Williams opened the public hearing and asked for the applicant to come forward. Travis Smith, applicant – I appreciate the time and consideration from you all tonight. I own eight locations and can answers some of the questions that came up. The vacuum motors are located at the end of the canopy on each side. The motors are screen because it looks better and it helps with sound mitigation. In addition to the enclosure, I also plant landscape within the island to further screen the motors. Vice Chairperson Moss – Is the Buford exit shown on the site plan in the same location as the current curb cut? Mr. Smith – Yes it is. That will be a full access point of ingress/egress. The curb cut is existing and will not change. The driveway on Rogers Bridge Road will have to be realigned with the existing driveway to Walgreens across the street so there will not be conflicting left turns out of the two locations. There are long driveways on the site so stacking of vehicles waiting to get in the car wash will not back up onto to Buford Highway or Rogers Bridge Road. Chairman Williams – Can you please describe how the site will be lit? Will the lights remain after you are closed? Mr. Smith – The lights will be turned off after hours with the exceptions of small security lights on the building. All of the parking lot lights are downcast so the light is directed down and not out. The lights within the canopy are also downcast. Commissioner Pennington – Will this be a 24/7 operation or will there be employees on site? Mr. Smith – There are hours of operation. We typically are open from 8:00 AM to 7:00 PM. In the summer months we may stay open to 8:00 PM. We always have at least two employees on site. On the weekends we usually have four to five employees working. With no others wishing to speak in favor of the request, Chairman Williams asked for those in opposition to come forward and address the Commission.


Page 4 of 4

4

Michelle D’Souza, 2585 Kingsbrooke Lane – I am a 15 year resident of Duluth and I have a number of concerns. The traffic at this corner is painful even with the new traffic signal at Main Street. I am concerned with noise that will be created from a car wash at this location and hope that the Commission add a condition to require sound mitigation. With no others wishing to speak in opposition, Chairman Williams closed the public hearing. Commissioner Graeder – I would like to add or amend the conditions to include something regarding sound mitigation similar to what the Commission approved for the previous car wash special use request. Bill Aiken, Director – The Commission can add the same condition. It would read, “The vacuum motor shall be enclosed by a six foot tall acoustic enclosure. The walls of the acoustic enclosure shall be constructed of or contain sound mitigating features or products that reduce spill over noise to adjacent residential properties. The design of the enclosure shall be reviewed and approved by the Planning and Development Director prior to the issuance of any building permit.”

Motion to approve with amended conditions made by Commissioner Graeder, Seconded by Commissioner Pennington. ALL FOR, Motion Passes 5-0

VI. OTHER BUSINESS

1. Matters from Staff

Mr. Huffman gave a presentation on potential amendments to the Comprehensive Plan. 2. Matters from Commission

None 3. Matters from Public

None

VII. ADJOURNMENT Motion to Adjourn made by Commissioner Pennington, Seconded by Secretary Gajjar.

ALL FOR, Motion Passes 5-0

Approved this ___________day of ________ , 2020

______________________________ ___________________________________ Chairman Secretary/Witness

GWINNETT DAILY POSTP.O. BOX 603

LAWRENCEVILLE GA 30046(770)963−9205

ORDER CONFIRMATION

Salesperson: GWINNETT LEGALS Printed at 06/19/20 14:47 by tpart−lv−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−Acct #: 102244 Ad #: 5288 Status: New WHOLD

DULUTH, CITY OF (LEGAL ADS) Start: 06/21/2020 Stop: 06/21/20203167 MAIN ST Times Ord: 1 Times Run: ***DULUTH GA 30096 LGL 1.00 X 85.00 Words: 300

Total LGL 85.00Class: 0934 ZONINGRate: L934 Cost: 30.00Ad Descrpt: 7/13 HRG SU

Contact: DULUTHCITYOFLEGALADS Descr Cont: DAN ROBINSONPhone: (770)476−1790 Given by: *Fax#: (770)814−3008 P.O. #:Email: [email protected] Created: tpart 06/19/20 14:43Agency: Last Changed: tpart 06/19/20 14:46−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−PUB ZONE EDT TP RUN DATESGDP A 95 S 06/21GINT A 102 S 06/21−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−

AUTHORIZATION

Under this agreement rates are subject to change with 30 days notice. In theevent of a cancellation before schedule completion, I understand that therate charged will be based upon the rate for the number of insertions used.

_____________________________________ _____________________________________Name (print or type) Name (signature)

(CONTINUED ON NEXT PAGE)

GWINNETT DAILY POSTP.O. BOX 603

LAWRENCEVILLE GA 30046(770)963−9205

ORDER CONFIRMATION (CONTINUED)

Salesperson: GWINNETT LEGALS Printed at 06/19/20 14:47 by tpart−lv−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−Acct #: 102244 Ad #: 5288 Status: New WHOLD WHOLD

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7/8/2020

1

PUBLIC HEARINGMILLAGE RATE

Presented by James Riker & Ken Sakmar

Public NoticeGeorgia law requires that the City publish a “Notice of Property Tax Increase” in the newspaper when the tentative adopted millage rate exceeds the rollback millage rate and hold three public hearing to allow the public an opportunity to express their opinion on the tax/millage increase. The notice includes the current year’s digest and a 5 year history of taxes levied. The current year’s digest figures come from the PT32.1 form that is used to calculate the “Rollback Millage Rate”.

7/8/2020

2

Millage Rate RollbackGeorgia law requires that the City compute a “Rollback Millage Rate” (RMR) and compare it to the City current millage rate (CMR). The RMR is the rate that would result in the City’s tax assessment being the same (revenue neutral) as the prior year when increases in existing property values due to inflation (reassessments) are removed. The City then has the option to either adopt the CMR or the RMR. Different steps are required based on the rate adopted. This year the City’s CMR exceeded the RMR by 0.194 mills or stated another way, as a percentage of the RMR, the CMR was 3.05% greater. Items worth noting:• Other Changes to Taxable Digest, mainly growth in real and personal

property, are projected to result in an increase of $72,119,268 or 4.68% in assessed value

• Reassessments of Existing Real Property (reassessments less projected appeal losses) are projected to result in an increase of $49,192,693 or 3.19% in assessed value

• Due to the TAVT, the assessed value for motor vehicles decreased by $3,012,590

Reassessment of Existing Real PropertyGross Reassessment Update $85,312,560Projected Appeal Loss -36,119,867Net Reassessment Update $49,192,693

Net Reassessment Value BreakdownNumber of Net Reassessment Per Parcel

Property Type Parcels Value ValueResidential 8,270 $32,179,267 $3,891Commercial 923 17,013,425 $18,433

$49,192,692

7/8/2020

3

Millage Rate Rollback

Current Millage Rate 6.551Rollback Millage Rate 6.357Reassessment Value Added .194

Property Tax Revenue – Current Millage $10,882,183 Property Tax Revenue – Rollback Millage $10,559,920 Reassessment Revenue Added $ 322,263

Millage Rate Rollback Impact

Impact to homeowners:

Home value $200,000 $250,000 $300,000Assessed value $80,000 $100,000 $120,000Millage rate rollback .194 .194 .194Annual Impact:

With homestead $15.13 $19.01 $22.89Without homestead $15.52 $19.40 $23.28

7/8/2020

4

FY 2021 General Fund Budget

Revenues $20,591,796Expenditures 22,067,338Reserves to Balance $ 1,475,542

Revenues are budget conservatively based on long term trends and current conditions. Expenditures are projected without discounting.

Property Tax ExemptionsThe following exemptions are available to taxpayers who qualify:

$2,000 – Regular Homestead (3,969)$4,000 – Senior 65 & Older, Income > $25,000 (1,342)$4,000 – 100% Totally & Permanently Disabled (2)$90,364 – 100% Disabled Veteran (18)

The exemption amount is deducted from the assessed value of the property for tax purposes

7/8/2020

5

Millage Rate HistoryRATE YEAR6.5 Mills 1985 – 19886.0 Mills 1989 – 19915.55 Mills 1992 – 19995.36 Mills 20005.191 Mills 2001 – 20095.991 Mills 2010 – 20156.551 Mills 2016 – Current

Upcoming Public HearingsUpcoming public hearings will be held on

July 27th at 10:00 pm – Council Chambers August 10th at 6:00 pm – Council Chambers

The upcoming public hearings will be held in the Council Chambers at City Hall. At the August 10th meeting, Council to consider an Ordinance adopting the millage rate at the 6:00 pm meeting of the Mayor and Council.

7/8/2020

6

Thank You

BA-FY21-01

ORDINANCE TO AMEND THE CITY OF DULUTH

2021 FISCAL YEAR BUDGET AN ORDINANCE TO AMEND THE 2021 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 2021 fiscal year as follows: Total Revenues: 57,780,538 Operations Expenditures: 22,067,338 Capital Improvement Expenditures: 35,713,200 Total Expenditures: 57,780,538 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth has now entering the construction phase of the Rogers Bridge Park – Bridge project which is estimated to cost approximately $7,264,456; and WHEREAS staff is requesting the following line items be added to the Roger Bridge Park – Bridge capital project, $5,127,456 to the Federal Grant, $737,000 to the State Grant, $350,000 to the Johns Creek Grant, $350,000 to the Fulton County Grant, $350,000 to the Gwinnett County Grant, $271,517.92 to the SPLOST 2014, $78,482.08 to the SPLOST 2017, $640,000 to the Park Areas – Bridges – Professional Services and $6,624,456 to the Park Areas – Bridges - Infrastructure; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 65,044,994 Operations Expenditures: 22,067,338 Capital Improvement Expenditures: 42,977,656 Total Expenditures: 65,044,994 IT IS SO ORDAINED this day of , 2020.

Budget Amendment, p2

_____________________________

Mayor Nancy Harris

Those councilmembers voting in favor: _____________________________

Marsha A. Bomar, Post 1

_____________________________ Vacant, Post 2 ______________________________

Billy Jones, Post 3 ______________________________

Kelvin J. Kelkenberg, Post 4 ______________________________


Those councilmembers voting in opposition:

______________________________ ______________________________ ______________________________

ATTEST:_________________________

Teresa S. Lynn, City Clerk

BA-FY21-02

ORDINANCE TO AMEND THE CITY OF DULUTH

2021 FISCAL YEAR BUDGET AN ORDINANCE TO AMEND THE 2021 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 2021 fiscal year as follows: Total Revenues: 65,044,994 Operations Expenditures: 22,067,338 Capital Improvement Expenditures: 42,977,656 Total Expenditures: 65,044,994 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth is currently in the design phase for the Main Street Multi-Use Train project; and WHEREAS the City Council expressed a desire to include lighting as part of the project and also review the stormwater detention from a more regional perspective to determine the permitting requirements, stream delineation and other environmental concerns with an estimated design cost of approximately $50,000; and WHEREAS staff is requesting the following line items be added to the Main Street Multi-Use Trail capital project, $40,500 Gwinnett County Grant, $9,500 SPLOST 2017 funds and $50,000 to the Pathways & Boulevards – Professional Services; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 65,094,994 Operations Expenditures: 22,067,338 Capital Improvement Expenditures: 43,027,656 Total Expenditures: 65,094,994 IT IS SO ORDAINED this day of , 2020.

Budget Amendment, p2

_____________________________

Mayor Nancy Harris

Those councilmembers voting in favor: _____________________________

Marsha A. Bomar, Post 1

_____________________________ Vacant, Post 2 ______________________________

Billy Jones, Post 3 ______________________________

Kelvin J. Kelkenberg, Post 4 ______________________________


Those councilmembers voting in opposition:

______________________________ ______________________________ ______________________________

ATTEST:_________________________

Teresa S. Lynn, City Clerk

O2020-17

CITY OF DULUTH STATE OF GEORGIA

ORDINANCE WHEREAS, Councilmember Kirkland Carden was elected in 2017 and took office in January 2018 and resigned his position as a member of the Duluth City Council on Friday, February 28, 2020; and WHEREAS, the City of Duluth Charter Section 5.14. - Special elections; interim appointments; vacancies, provides in pertinent part, “In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor who shall serve until the next regularly scheduled election. Should the office which became vacant not be scheduled for election at the next regularly scheduled election, then the city council shall order a special election at the time of the regularly scheduled election to fill the balance of the unexpired term of the vacant position…” and WHEREAS, it is necessary for the Duluth City Council to appoint a successor to Councilperson Carden who shall serve until the next regularly scheduled election; THEREFORE, the Council of the City of Duluth, Georgia, hereby ordains as follows:

(insert name)__________________ shall be appointed to serve the remaining term of Kirkland Carden.

IT IS SO ORDAINED, this 13th day of July, 2020.

____________________________ Mayor Nancy Harris

Those councilmembers voting in favor: _____________________________ Marsha Anderson. Bomar, Post 1 _____________________________ vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4

______________________________ Greg Whitlock, Post 5

O2020-17

Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST: ______________________ Teresa S. Lynn, City Clerk

nancy harris, mayor billy jones, post 3 marsha anderson ... · 7/13/2020 · butler to fill the...

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