Nancy Harris, Mayor Billy Jones, Post 3 Marsha Anderson ... · 2 days ago · Nancy Harris, Mayor Marsha Anderson Bomar, Post 1 Marline Thomas, Post 2 AGENDA MAYOR AND COUNCIL CITY

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

Marline Thomas, 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

October 12, 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 visit duluthga.net/events for more information

Duluth Drive-In Theatre: October 24 – Beetlejuice II. CONSENT AGENDA

1. APPROVAL OF SEPTEMBER 14 & 28 MINUTES

mailto:[email protected]

M&C Agenda October 12, 2020

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2. ORDINANCE TO AMEND FY20 BUDGET – WORKERS’ COMPENSATION

The City's Workers Compensation Fund is classified as an Internal Service Fund for accounting purposes. Generally Accepted Accounting Principles (GAAP) require these fund record activities using the accrual basis of accounting. This means revenues and expenses are recorded when a transaction occurs rather than when payment is received or made. At year-end, in order to prepare the fund for audit, staff must record an expenditure for the estimated outstanding employee claims. The City's third party administrator estimated the outstanding claims at year-end to be $104,048.27. Available budgeted funds will not allow for the recording of this activity. Approval of ordinance (BA-FY20-28) will amend the FY20 budget by adding $95,413 in prior year reserves to the Workers Compensation - Risk Management - Claims line item.

3. APPROVE CONTRACT/BUDGET AMENDMENT – OUTDOOR SEATING At the September 28, 2020 work session, Council authorized the construction of an outdoor seating deck area adjacent to the fountain at Town Green. Approval of this item awards a contract in the amount of $24,500 plus a 10% contingency of $2,450 (total $26,950) to Heard Home Improvement for construction of the outdoor seating area deck, and further approves a corresponding budget amendment (BA-FY21-06) which adds $26,950 in General Fund prior year reserves to the City Manager - City Manager’s Office - General Emergency Repairs line item. Construction of this outdoor seating area deck will be reimbursed from CARES Act funds.

4. ORDINANCE TO AMEND DULUTH CODE – CHAPTER 3 ALCOHOL The Mayor and Council to consider ordinance O2020-24 to amend the Duluth Code of Ordinances regarding the outside delivery of alcoholic beverages to reflect recent changes in state law. Approval of this item amends Duluth Code Chapter 3, Article II, Section 3-266 "Patio Sales" by deleting in its entirety and replacing with a new section 3-266 as presented.

5. FESTIVAL CENTER FOUNTAIN VIEW ROOM LEASE – GREYSTAR

As discussed at the September 28 work session, Greystar Corporation has requested permission to lease the Fountain View room of Festival Center to house their temporary leasing office for the downtown active adult community Everleigh Duluth. Festival Center has hosted leasing offices in the past for the Woodley Townhome project and for the multi-family complex District at Duluth. Staff proposes hosting the leasing office in the first floor space known as Fountain View to accommodate ADA accessibility. The lease is month to month until the permanent leasing office is established at Everleigh Duluth. Please note Festival Center rentals have been suspended until further notice due to COVID-19 concerns. Approval of this item approves the lease agreement as presented.


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6. ORDINANCE TO AMEND FY21 BUDGET-$295,600 - CARES ACT & MISC

On September 28, the City signed a sub-recipient agreement with Gwinnett County for the reimbursement of certain COVID-19 expenditures through CARES Act funding for the period March 1 through December 30, 2020. Most if not all of these expenditures, both ordinary and capital related, were not included in the current year’s budget, which began July 1, 2020. Approval of this item will add $270,000 to the FY21 budget to fund expenditures including $115,000 for outdoor furniture in downtown, $30,000 for Town Green shade sails, $35,000 for audio and video upgrades at Red Clay Theatre, $90,000 for Personal Protective Equipment, cleaning and contract services from July 1st to December 30th. Additionally, staff is also requesting two line items be restored in the FY21 budget. The first is $19,000 for bank credit card processing fees. Staff has instituted a customer surcharge or convenience fee for all credit card transaction to offset the processing fees. However, the City is still responsible for paying the monthly fee to the credit card processor. The second is $6,600 for feeding and care of the horses. This budget item was inadvertently left out of the current year's budget. Approval of ordinance (BA-FY21-07) will amend the FY21 budget by adding General Fund prior year reserves of $270,000 to the City Manager - City Manager’s Office - General Emergency Repairs line item, $19,000 to the City Manager - Finance - Bank/Credit Card Fees line item, and $6,600 to the Police - Police Uniform Division - Supplies-Horse Patrol line item.

7. ORDINANCE TO APPOINT VETERAN’S COMMITTEE MEMBERS

Following interviews, staff recommends the appointment of Marline Thomas (Council member) to the Veteran Committee to fill the unexpired term of Councilmember Jones expiring April 2021. Staff is also recommending the appointment of Cathy Ramadei (Citizen) to fill the unexpired term of Marline Thomas expiring April 2021. Approval of this item approves O2020-25 as presented.

8. ACCEPTANCE OF DONATION – RIVER TUBING YOUTH SCHOLARSHIP Mr. Romy Lakip, owner of Duluth River Tubing, would like to present a monetary donation for the youth recreation programs, as well as express his appreciation to the City for excellent business support during this challenging summer. Duluth Parks and Recreation is very appreciative of Mr. Lakip's support as many residents in the City of Duluth appreciate registration assistance for program participation.

III. PUBLIC HEARINGS

1. RESOLUTION TO AMEND THE COMPREHENSIVE PLAN Planning Director Bill Aiken to present. Consistent with O.C.G.A 110-12-1 (Minimum Standards and Procedures for Local Comprehensive Planning), local governments are responsible for maintaining their Comprehensive Plans to accurately reflect current community conditions and the community’s goals and priorities for the future. The City of Duluth has established a goal to update FORWARDuluth regularly to ensure it meets the needs of the community. Staff will give a brief presentation of proposed updates to the Character Area Map, Future Land Use Map, Short Term Work Program and Report of Accomplishments.


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2. ORDINANCE TO AMEND UDC CODE – COMMUNITY STANDARDS Planning Director Bill Aiken will summarize the request. The Mayor and Council to consider Text Amendments to the Duluth Unified Development Code relating to improved Community Standards. The proposed amendments relate to:

1. Parking and Loading Requirements, Article 4 2. Sign Regulations, Article 6 3. Erosion Control and Stormwater Management, Article 10

IV. NEW BUSINESS

1. FY19 AUDIT PRESENTATION

Finance Committee member John Monk will present the City's annual audit report. The audit was presented to the Finance Committee by Josh Carroll, with Mauldin & Jenkins at the committee's meeting held on September 24, 2020. The audit report includes the City as a whole, the Downtown Development Authority, and the Urban Redevelopment Agency. The auditor issued an unqualified or “clean” opinion on the City's financial statements. The audit report included two management comments related to segregation of duties and cybersecurity. The Finance Committee and staff recommend Council accept the report as presented.

2. CONSIDERATION OF INCREASED 401(a) MATCH

Finance Committee member John Monk will report on the Finance Committee’s recommendation that the 401a matching contribution by the City be increased from a maximum of 2% to a maximum of 4%, based on the underlying contribution by the employee to their 457b retirement plan. The match is 50% of the employee’s contribution, up to the maximum match amount.

(1) The 2% match has not been changed since its 2002 implementation.

(2) Norcross matches at 3%, Suwanee matches at 4%, and Alpharetta, Johns Creek, Peachtree Corners, and Roswell match at 5%.

(3) Of the eligible employees contributing to their 457b plan, 62% only contribute 4%, which gains them the maximum 2% match. Staff believe increasing the match will better incentivize employees to contribute more to their own retirement savings.

The fiscal impact is as follows: Current 2% annual cost: $143,624 Increasing to 3% match: $215,478 (an increase of $71,826) Increasing to 4% match: $287,304 (an increase of $143,652) The Finance Committee and staff recommend the match increase to 4% to incorporate in the FY22 budget for Council adoption.


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3. AWARD OF BID/ORD TO AMEND FY21 BUDGET – 2020 STREET PROJECTS

Public Works Director Audrey Turner to present. Mayor and Council to consider awarding a bid for 2020 Mill, Patch and Resurface Project of various City Streets. (Legal notice is attached and was run twice in Gwinnett Post as well as placed on the Ga Procurement Registry and the City website.) This project, if approved, will repair and resurface 14 streets (10 under the Base bid and 4 Alternates). Base Streets are: Ardmore Court, Crossfield Lane, Ennfield Way, Hansom Cab Way, Jester Court, Lamplighter Circle, Majestic Park Court, Old Coach Road, Regal Park Court, Regency Park Court. Alternates are Kenwood Drive and Kenwood Court, Rogers Cove and Grizzly Lane. The City received five (5) bids for this project. Project was bid as a Base bid and Alternates, each priced separately. Base Bid and Alternate amounts are shown. Company Base Bid Alternates Total Georgia Paving $586,459.00 $435,877.00 $1,022,336.00 Shepco Paving $678,055.08 $511,024.66 $1,189,079.74 Garrett Paving $540,901.61 $447.922.42 $ 988,024.03 CW Matthews $674,334.08 $200,073.32 $1,181,699.14 Stewart Brothers $702,017.20 $234,759.14 $1,290,711.01 Following a complete review and analysis of each bid, Staff recommends awarding the 2020 Mill, Patch and Resurface project bid (with contingency) to Garrett Paving, in an amount not to exceed $1,087,706.43. This funds the Base bid and all four Alternates. Funds will come from 2017 SPLOST. Based on Council approval of the above contract award, staff requests approval of an ordinance (BA-FY21- 08) to amend the FY21 budget. It is requested that $1,087,707 in unallocated 2017 SPLOST Transportation funds be added to the Transportation/Infrastructure Improvements - Paved Streets - Repairs and Maintenance - Streets/Sidewalks line item. V. MATTERS FROM DEPT HEADS/CITY ATTORNEY

1. ORDINANCE TO AMEND FY21 BUDGET– $125,000 – DOWNTOWN PARKING DECK

Asst. City Manager Ken Sakmar to present. Construction is almost complete on the first level of the parking deck. Staff anticipates the contractor will turn the first level over to the City in the next 45 days or so. In order to prepare the parking deck for City and public use, additional costs have and are anticipated to occur in addition to the original construction contract, which are the responsibility of the City. Some of the additional costs include:

1) A Georgia Power contract for $29,323 to install four poles with attached lights along the parking deck side of Ridgeway Road, 2) Construction contract change order #1 - to install a black vinyl coated chain link fence enclosure with double gates and protective bollards inside the first level of the parking deck at a cost of $12,084,


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3) Construction contract change order #2 - for various hardscape/crosswalk changes at the intersection of Ridgeway Road and Hill Street and along Hill Street to West Lawrenceville Street $62,716, 4) Contingency for any additional items, $20,877.

Staff requests Council approval of a capital project budget amendment (BA-FY21-09) to add $125,000 in 2017 SPLOST interest revenue to the Downtown Parking Facility - Parking capital project (CA-25). Approval of this item adds revenue of $125,000 in 2017 SPLOST Interest Revenue to the Transfer from SPLOST 2017 line item and expenditures of $125,000 to the Parking - Site Improvements line item.

2. ORDINANCE TO AMEND FY21 BUDGET–PINE NEEDLE DR IMPROVEMENTS City Engineer Margie Pozin to present. At the August 24, 2020 work session, Council advised staff to develop and hold a virtual Public Information Open House (PIOH) to allow the Public to weigh in on the option of a cul de sac versus a ninety-degree intersection at Pine Needle Drive and SR 120. Staff worked with the design team to develop a scope and budget for the PIOH as follows: Updating and preparing equivalent level of concept plans and cost estimates - $6,020 Preparing PIOH materials, setting up/maintaining site for 30 days, mailing information packets, etc. is $9,456 Combined fee = $15,476. Staff requests the $15,476 + a 10% contingency of $1,548 (total $17,024) be added to the Pine Needle Drive project to allow the PIOH to move forward before the end of 2020. This will allow Council to determine a preferred alternative for the Pine Needle project and move forward accordingly. Council to consider approval of a capital project budget amendment BA-FY21-10 to add $17,024 in funding to the Pine Needle Drive Improvements project (CD-73). This project is jointly funded by Gwinnett County (81%) and City of Duluth (19%). Therefore, funding will include $13,790 from Gwinnett County and $3,234 from the City of Duluth. Approval of this item adds revenue of $13,790 to the Gwinnett County Grant line item, $3,234 in unallocated 2017 SPLOST to the SPLOST 2017 line item and expenditures of $17,024 to the Pine Needle Drive Improvements - Paved Streets - Professional Services line item.

3. ORDINANCE TO AMEND FY21 BUDGET - $50,000–TOWN GREEN PLAZA

The City Manager to present. Staff is working with a private developer to locate a 2,500 square foot restaurant building on the Downtown paver lot. As part of the development, the City plans to create a "Town Green Plaza" in the area adjacent to the building. The vision is to create an interactive gathering/play area complete with an all-weather synthetic turf surface, outdoor seating, sunshades and street parking. Staff requests funding of $60,000 to survey the site, complete a geotechnical report, and engage engineers for site design, and other incidental costs.


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Funding for the project will ultimately come from the TAD infrastructure bond for which the City is currently work to secure financing. In the meantime, staff is requesting the transfer of $60,000 from the General Fund to the TAD Fund, with repayment occurring once the bond funds are secured. Approval of the ordinance (BA-FY21-11) will amend the FY21 budget by adding $60,000 to Tax Allocation District - Transfer from General Fund line item and a like amount to Tax Allocation District - Special Recreational Facilities - Professional Services line item

4. DEPT OF WATER RESOURCES UPGRADE PERMIT REQUEST City Engineer Margie Pozin to explain the request. In an effort to meet the needs of the growing developments along the Chattahoochee River corridor, Gwinnett County Department of Water Resources (DWR) is upgrading their sewer main to a 54" line. As the construction of this line would be simultaneous with the City's construction of Rogers Bridge, staff requested that DWR expedite the design of the section of sewer that runs through Rogers Bridge Park and have its construction before we break ground. Staff has been working closely with DWR and their design team to coordinate the location and the timing of DWR's construction. DWR is prepared to start their work on November 1 and have it completed by early December (weather providing). The new section of pipe will be closer to the River and DWR does not yet have easements (temporary or permanent) for this work. However, they do need the City's permission to move forward on November 1. Therefore, Staff is requesting Council's permission to allow DWR to move forward with utility work on the park property. Staff will coordinate temporary and permanent easements as well as on-site materials storage with DWR at the earliest possible date. Staff is available to answer questions about the DWR upgrade in terms of location, timing, and coordination with our bridge project. VI. MATTERS FROM CITIZENS VII. MATTERS FROM COUNCIL VIII. MATTERS FROM CITY MANAGER IX. EXECUTIVE SESSION It may be necessary to hold an executive session on Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A. 50-14).


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X. ADJOURNMENT The next scheduled meeting of the Mayor and Council is a work session for October 26, 2020 at 5:30 p.m.

MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA SEPTEMBER 14, 2020

PRESENT: Mayor Harris, Council members Bomar, Thomas, Jones, Kelkenberg

and Whitlock, City Manager, Department Directors, City Attorney A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening’s agenda items. I. EXECUTIVE SESSION Mayor Harris called the meeting to order at 5:35 p.m. and announced that it was necessary to hold an executive session on Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A. 50-14) and called for a motion. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Bomar, to adjourn to executive session at 5:35 p.m. Voting for: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried. After the discussion, a motion was made by Councilmember Kelkenberg, seconded by Councilmember Bomar, to return to regular session at 6:00 p.m. Voting for: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried. MOMENT OF SILENCE/PLEDGE OF ALLEGIANCE led by Mayor Harris II. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY) 2. UPCOMING EVENTS: visit duluthga.net/events for more information

Duluth Drive-In Theatre: September 26 – Space Jam, October 10 – Addams Family (2019) October 24 – Beetlejuice

Minutes of M&C September 14, 2020

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III. CEREMONIAL MATTER

1. APPRECIATION FOR SERVICE – DULUTH PUBLIC ART COMMISSION Mayor and Council recognized and thanked past DPAC members for their years of service.

Ashley Lynch 04/01/2013 – Seven years Eddie Owen 04/11/2016 – Four years Louis Tseng 04/11/2016 – Four years Eva Kuhn 04/11/2016 – Four years Abby Burton 08/13/2018 – Two years

IV. CONSENT AGENDA

1. APPROVAL OF AUGUST 10 & 24, 2020 MINUTES

2. ORDINANCE TO APPOINT DULUTH PUBLIC ARTS COMMISSION {A} Approval of this item approves ordinance O2020-21, accepting the recommendation to appoint Mary Buck to fill the unexpired term of Abby Burton, and Marty Dorfman to fill the unexpired term of Dan Hancock on the Duluth Public Arts Commission.

3. ORDINANCE TO APPOINT ZONING BOARD OF APPEALS {B} Marline Thomas was recently appointed to the Duluth City Council, leaving her post as the Zoning Board of Appeals Chairperson vacant. Approval of this item approves ordinance O2020-22, accepting staff’s recommendation to appoint Vice-Chairperson Ken Wilson to Chairperson; promote Alternate Patrick Lynch to a full-time member; and appoint Scott Perkins as the Alternate member.

4. WAIVER REQUEST – SUGARLOAF WOMEN’S CLUB TURKEY TROT SIGNAGE Approval of this item waives signage fee and location requirements. Signs will be erected throughout the City for promotion of the Annual WCSCC (Women’s' Club of Sugarloaf Country Club) Charities Turkey Trot. This is an annual race, which is held entirely within their subdivision, with almost 400 runners attending and proceeds going to four Duluth charities. The Turkey Trot will be held November 26, 2020 (Thanksgiving Day). The banners will be up from Nov 1, 2020 until Nov 30, 2020. There will be ten signs placed (in locations used by Fall Festival and the Spring Arts Festival). A motion was made by Councilmember Whitlock, seconded by Councilmember Kelkenberg, to approve the Consent Agenda as presented. Voted For: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried.


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V. PUBLIC HEARINGS

1. ORDINANCE OF REZONING-CASE Z2020-001– RIVIERE BY MCKINLEY {C} Mayor Harris opened the public hearing to consider a request (Z2020-001) from McKinley Homes US, LLC, on behalf of the property owner, Stonecrest 1 Trust, to rezone +/- 8.58 acres of property in Land Lot 244 of the 7th District, Gwinnett County, consisting of tax parcels R7244 002 & R7244 438, from C-2 (General Business District) to RM (Residential Multi-Family District). Planning Director Bill Aiken came forward to explain that the proposed rezoning request is for an entitlement to construct a residential subdivision consisting of 72 single-family attached dwellings (townhouses) along with amenities. This was originally set for June 8, but postponed to allow the applicant more time to finalize their proposal and provide elevations. Mr. Aiken described the property location, current zoning, and discussed the master concept plan. The primary access will be provided from Chattahoochee Trace. A traffic signal is already planned and aligned with the Encore project. There are 50 on street parking spaces are proposed; the Unified Development Code (UDC) only requires one space per five units. Stormwater was a big topic of discussion for this project. Mr. Aiken described the current water flow and what is proposed. None of the water from this site will interfere with current usage. He also discussed the Open Space requirements. Mr. Aiken explained the review process with the UDC, Comprehensive Plan, Character Area, and Future Land Use Map. The project meets all requirements. A Public Information meeting was held to gather comments in February and time was given during each public hearing. Primary public concerns were density, access to detention pond, and buffers. Accommodations were made and conditions included to address these concerns. Other concerns were related to the elevations. Mr. Aiken showed the proposals and reviewed the materials for each product type. The Duluth Planning Commission recommended Approval of Case Z2020-001 with Conditions, as presented by staff at the March 2, 2020 hearing. Staff recommends approval of Case Z2020-001 with conditions. Mayor called for discussion from Council. Councilmember Whitlock questioned the building offsets to ensure they are staggered. Mr. Aiken said there is a minimum of two feet offset from one unit to the next, including rooflines. Councilmember Bomar noted that she lives across from a townhome development and it has created a very nice community feel.


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Mayor Harris called the applicant forward. Bill Smith of 9915 Buice Road, Johns Creek and Miles Cardenis came forward representing McKinley Homes. They have worked closely with staff to ensure all criteria have been met. Mr. Cardenis also said that they have spent a lot of time in the earlier stages getting to know neighbors and address their concerns. Mayor called for questions/comments from the public. Ms. Donna Hightower, resident of Albion Farm Village came forward to speak in opposition of the project due to heights of structures and density. Councilmember Jones asked for information on square footage of living space, number of bedrooms, and price points. Mr. Smith responded that they will be 2,000-2400 square feet for 3 or 4 BR, priced in the mid 300s. Being no further comments, Mayor Harris closed the public hearing and called for a motion. A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to approve ordinance O2020-20 of rezoning for Case Z2020-001 as presented. Voting for: Council members Bomar, Thomas, Kelkenberg and Whitlock Voting against: Councilmember Jones

Motion carried.

VI. NEW BUSINESS

1. AWARD OF BID/BUDGET AMENDMENT– PUBLIC SAFETY SECURITY FENCE {D,E}

Council considered awarding a bid for installing fencing and gate access for the Public Safety building. City Manager James Riker came forward and explained that the initial construction of the Public Safety Building did not include a secured area to the rear of the structure, or for police personnel safety or vehicle storage. Accordingly, staff recently issued a Request for Proposal (RFP) for installation of security fencing with automated gate access. Council expressed previous concerns regarding the safety of individuals who may try to access the building looking for assistance. Staff has since worked to ensure the lobby of the building will have 24 public access; dispatchers will be alerted when the door is opened and be able to communicate directly with anyone requiring assistance. These arrangements will


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be completed prior to installation of the fence and once finalized, will be communicated to the public. Council questions/comments regarding ensuring the landscape and barriers would be compatible with the nearby development, upgrading chain link fencing to reflect current Duluth standards, recurring costs for maintaining the tag reader access software and alternate means of access. Staff received one complete response for the project. Therefore, staff recommends awarding the project to Netplanner Systems, Inc. in the amount of $160,562 including a 10% contingency for a total amount of $176,618. A motion was made by Councilmember Whitlock, seconded by Councilmember Jones, to approve awarding the bid for installation of security fencing and automated gate access to Netplanner Systems Inc., in the amount of $ 176,618 and further authorize the Mayor and/or City Manager to execute a City Attorney approved contract for the project and further authorized staff to review other options in lieu of the chain link fence. Voting for: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried. Based on Council approval of the above bid award, staff requested approval of an ordinance (BA-FY21-05) to amend the FY21 budget. It is requested that $176,618 in General Fund prior year reserve funds be added to the Police Capital Projects - Police - Buildings line item and a like amount added to the necessary transfer accounts. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Thomas, to approve the ordinance to amend the FY21 budget as presented. Voting for: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried.

2. ORDINANCE TO AMEND DULUTH CODE - COMMUNITY STANDARDS {F}

The Mayor and Council considered Text Amendments to the Duluth Municipal Code relating to improved Community Standards. Planning Director Bill Aiken came forward to discuss proposed changes regarding the Duluth Property Maintenance Ordinance (Duluth Municipal Code, Chapter 5), Derelict and Blighted Property Ordinance (Duluth Municipal Code, Chapter 9), and Abandoned Shopping Cart Ordinance (Duluth Municipal Code, Chapter 9). Mr. Aiken explained that the initial adoption of the Property Maintenance Ordinance was in 2005 and outlined the history of Code Compliance staffing since 2006. The list of documents/ plans that address Community Standards in Duluth include:

• Unified Development Code (2020) • Multi-family Housing Inspection Ordinance (2019) • Building Code (2019)


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• Stormwater 15 year Capital Improvement Plan (2019) • Stormwater Annual Site Improvement Plan (FY20) • Investing in City Owned Buildings • Public Works Paving Program • Property Maintenance Ordinance (2005)

Staff had improved the standards set forth in by International Code Council in the following areas:

• Definitions • Grass, Weeds and Ground Cover • Trees, Shrubs, Hedges and Bushes • Protective Treatment • Abandoned Shopping Carts • Unfit Structures, Nuisance Abatement and Blight • Home occupancy limitations.

Mr. Aiken highlighted some of the recommended changes regarding grass height limit (reduced from 12” to 8”), requirements for property owners abutting a right-of-way, unpaved areas in front yards, mulch maintenance, and city authority to remedy unsightly landscape situations and charge owners back. He referenced Sec. 5-227 and 5-228 for grass, weeds, shrubs, etc. and discussed protective treatments, etc. Dwelling space and overcrowding was a bigger problem in the past, the recommendation is for maintaining at least 600 square feet of floor area and a formula for space in sleeping rooms. He further discussed declaring abandoned shopping carts a public nuisance.

Requires daily cart retrieval of shopping carts. Requires any business with more than 10 shopping carts to have an abandoned

cart prevention and recovery plan. Allows the City to retrieve carts abandoned in the right-of-way and charge any

cost or fees incurred to the owner. Any cart owner who fails to retrieve abandoned carts in excess of three (3)

times during any twenty-four (24) month period shall be subject to a possible fine of not more than one thousand dollars ($1,000.00) per day or sixty (60) days in jail.

Mr. Aiken further outlined a “Derelict Property Ordinance” as follows:

• Defines unfit buildings and structures. • Declares unfit buildings and structures a public nuisance. • Provides the City with a process to condemn unfit buildings and structures. • Allows the City to route the condemnation process through Duluth Municipal Court

rather than Gwinnett County court. • Allows the City to demolish unfit buildings and structures and place a lien against the

property.


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Finally, the last area of discussion relates to a “Blighted Property Ordinance” for commercial structures.

• Defines blighted conditions • Declares blighted properties a public nuisance. • Provides the City with a process to identify properties as blighted. • Allows the City to increase the ad valorem tax by applying a factor of seven (7.0) to

the millage rate on properties that are identified as maintained in a blighted condition (homes which are being occupied as the primary residence of one or more persons are not subject to subject to increased taxation.

• Properties that are removed from the blighted list through corrective actions are eligible for a decrease in the ad valorem taxation by applying a factor of 0.5 to the millage rate. The decreased rate may be giving in successive years, with $25,000 of cost expended by the owner equaling one year of reduced tax rate for up to 4 years.

Councilmember Bomar recommended that “yard trimmings” be covered under 5-228. Councilmember Jones wanted to allow metal to rust if it is supposed to. Mayor Harris called for a motion. A motion was made by Councilmember Thomas, seconded by Councilmember Kelkenberg, to approve ordinance O2020-23 as presented, with changes as follows:

definitions of yard trimmings to remove “resulting from landscaping development and maintenance”

leave faded statement as is add shopping cart ordinance rust section – anything that is intended to be rusted is to be discretion of

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

VII. MATTERS FROM CITIZENS

1. PROPERTY NUISANCE – COYOTE CONCERN Constance Gee, 3056 Harris Mill Court, came forward requesting help from the City in the removal of coyotes from her property. According to Ms. Gee, there are five coyote dens in and around the community and they are being overrun. The coyotes are out during the day and night, many times sleeping next to her house. One even startled her one night as she went to get something from her vehicle and when she turned around the coyote was on her doorstep. She has called Gwinnett County Animal Control, Georgia DNR, the police, and she says she is getting the run around because no one will take responsibility for the “danger.” Council directed the City Manager to work with Ms. Gee.


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VIII. MATTERS FROM COUNCIL

1. Councilmember Bomar requested that staff investigate placement of some type of notice on West Lawrenceville/McClure Bridge to deter speeding.

2. Councilmember Kelkenberg and Whitlock spoke about the 2020 Virtual Fall Festival Road Race and encouraged everyone to register.

3. Councilmember Jones requested work session discussion on type of music allowed in downtown area.

4. Council complimented events staff on being creative and the positive feedback received on the “drive-in” movies.

IX. MATTERS FROM CITY MANAGER

1. Cares Act Reimbursement: County reviewing the list submitted by the Cities and due

to timing, may cause some of the purchases to be delayed for reimbursement. 2. Community Standard Survey results, 500 received as of today date. 3. Additional landscaping in Town Green and Pleasant Hill interchange. 4. Tax Digest received. Tax Allocation District meeting projections.

X. ADJOURNMENT A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to adjourn at 8:12 pm. Voting for: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried.

Approved this ________ day of __________________, 2020.

_________________________ Mayor Nancy Harris

ATTEST: __________________________ City Clerk Teresa S. Lynn

SPECIAL CALLED MEETING MINUTES MAYOR AND COUNCIL CITY OF DULUTH, GA SEPTEMBER 28, 2020

PRESENT: Mayor Harris, Council members Bomar, Thomas, Jones, Kelkenberg

and Whitlock, City Manager, Department Directors, City Attorney Mayor Harris called the meeting to order at 5:30pm I. NEW BUSINESS

1. CONSIDERATION OF SUB- RECIPIENT AGREEMENT – CARES ACT {A}

The Mayor and Council considered entering into a Sub-Recipient Agreement with Gwinnett County for the acceptance of CARES Act funding for expenses incurred relating to COVID-19 from March 1 through December 30, 2020. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock, to authorize the Mayor to execute the Sub-Recipient Agreement as presented. Voting for: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried. II. ADJOURNMENT Being no further business, Mayor Harris called for a motion to adjourn into regularly scheduled work session. A motion was made by Councilmember Whitlock, seconded by Councilmember Thomas, to adjourn from Special Called meeting at 5:35 pm. Voting for: Council members Bomar, Thomas, Jones, Kelkenberg and Whitlock Motion carried.

Draft Minutes of M&C September 28, 2020

Page 2 of 5

2

WORK SESSION NOTES OF THE

MAYOR AND COUNCIL CITY OF DULUTH, GA

I. PUBLIC COMMENTS None. II. DISCUSSION ITEMS

1. ENTERTAINMENT SURVEY – DOWNTOWN {A} Event Coordinator Kristin Edwards came forward and updated the Mayor and Council regarding a survey for downtown merchants involving entertainers at Parsons Alley and Festival Center Stage. Staff also presented options for Deck the Hall on December 5, 2020. IMPACT TO BUDGET: N/A Staff was authorized to move forward with recommended entertainment schedules and artist line-up.

2. FESTIVAL CENTER LEASE – EVERLEIGH The City Manager presented a request by Greystar Corporation to lease the Fountain View room located in the Festival Center Building, for the purpose to house a temporary leasing office for the downtown active adult community, Everleigh Duluth. IMPACT TO BUDGET: potential $1,200 per month to revenue Staff was authorized to prepare lease agreement and place on the October 12 agenda.

3. W. LAWRENCEVILLE WALL LEASE – BUREL FAMILY BUILDING The Burel Family building on West Lawrenceville Street that was severely damaged by a restaurant fire in October 2019 has been restored and businesses have reopened. The exterior wall on West Lawrenceville Street presents an attractive centrally located opportunity for murals and advertising for groups and businesses. IMPACT TO BUDGET: Requires budget amendment Staff was authorized to prepare a lease agreement and place on a future Council agenda for approval.


Page 3 of 5

3

4. AWARD OF BID – TOWN GREEN DECK

Staff presented the bids that the City received for the construction of a deck area adjacent to the fountain on Town Green. The five (5) bids results are as follows: ABC Construction $30,215 Gibson $42,488 Beaubien $38,818 Horizon Remodeling $45,989 Heard Home Improvement $24,500 IMPACT TO BUDGET: budget amend will be required. Council authorized staff to place this item on the next Council agenda for authorization.

5. PLEASANT HILL RD LANDSCAPING {B} The City Manager presented an updated hybrid design to share with an associated budget just under $300,000. Following the presentation and discussion, the Council authorized staff to move forward with the process of having Gwinnett County DOT review and comment on the updated/hybrid design so that an intergovernmental agreement can then be developed for the implementation and maintenance of the proposed landscaping. The work is anticipated for completion in late 2021, if approved by the City and the County, pending completion of the County's upcoming sidewalk project at the River. Mr. Riker also reported that plants would be removed on the north side of the road between Peachtree Industrial Boulevard and McClure Bridge Road with no planting in front of Northside Hospital property. Arborguard was contacted and gave instructions on which trees are in need of removal/replacement and/or pruning along the Sweetbottom frontage. The current estimate is $298,080 and includes capital cost, tree replacements and a 10% contingency. IMPACT TO BUDGET: No Impact to Budget until late 2021 Council authorized staff to move forward with design and the County approval process.

6. PEACHTREE INDUSTRIAL BLVD LANDSCAPING Staff was asked to develop a concept for landscaping the medians of Peachtree Industrial Blvd from SR 120 to Sugarloaf Parkway in an effort to be consistent with Council's campaign to raise the standards within Duluth. Staff presented a landscape plan for the median plantings. The current estimate is $475,000 and includes capitol cost and a 10% contingency.


Page 4 of 5

4

IMPACT TO BUDGET: TBD Council directed staff to investigate alternative design options.

7. COMPREHENSIVE PLAN UPDATE

Consistent with O.C.G.A 110-12-1 (Minimum Standards and Procedures for Local Comprehensive Planning), local governments are responsible for maintaining their Comprehensive Plans to accurately reflect current community conditions and the community’s goals and priorities for the future. The City of Duluth has established a goal to update ForwardDULUTH regularly to ensure it meets the needs of the community. Staff will provide a brief presentation of updates being proposed to the Character Areas, Short Term Work Program and Report of Accomplishments. IMPACT TO BUDGET: N/A Staff will place a public hearing on the next agenda for consideration. III. PRESENTATIONS/UPDATES

1. FINANCIAL UPDATE/TAD BOND FINANCING Based on Council's request during the budget adoption, the City Manager provided an update on the City's FY20 financial performance and the FY21 budget performance. Staff is working with Gary Mongeon, Bleakly Advisory Group to update the forecast for the future TAD tax increment revenue based on current development within the TAD. Staff intends to use the updated forecast to secure bond financing for the Transportation and Redevelopment bonds. Council will continue to be updated on this progress. In the current year budget, expenditures are being incurred that were not contemplated when the budget was adopted. Most of the expenditures related to COVID-19, including PPE. There were also credit card expenses and revenues along with change orders from the parking deck. Council authorized staff to prepare budget amendments and place on the October 12 agenda.

2. PUBLIC SAFETY SECURITY FENCING Staff provided an update to questions asked about possible change orders associated with the visual improvement of the security fencing/gate at the Public Safety Building.

3. PLANNING & DEVELOPMENT UPDATES Planning staff provided the Mayor and Council with an update of public hearings, development activities and permits.


Page 5 of 5

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IV. ADJOURNMENT Meeting adjourned at 8:00pm.

The next scheduled meeting of the Mayor and Council is October 12, 2020 at 6:00 p.m.

BA-FY20-28

ORDINANCE TO AMEND THE CITY OF DULUTH

2020 FISCAL YEAR BUDGET AN ORDINANCE TO AMEND THE 2020 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 2020 fiscal year as follows: Total Revenues: 70,294,638 Operations Expenditures: 30,249,772 Capital Improvement Expenditures: 40,044,866 Total Expenditures: 70,294,638 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth maintains a Workers Compensation Fund that General Accepted Accounting Principles require this fund to record activities using the accrual basis of accounting; and WHEREAS a year end accrual must be made for the estimated outstanding year end claims, which our third party administrator estimates to be $104,048.27; and WHEREAS staff is requesting that $95,413 in prior year reserves be added to the Workers Compensation – Risk Management – Claims line item; and NOW THEREFORE, the City of Duluth 2020 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 70,390,051 Operations Expenditures: 30,345,185 Capital Improvement Expenditures: 40,044,866 Total Expenditures: 70,390,051 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-FY21-06


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: 65,371,612 Operations Expenditures: 22,067,338 Capital Improvement Expenditures: 43,304,274 Total Expenditures: 65,371,612 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth has awarded a contract to Heard Home Improvement in the amount of $26,950 to construct an outdoor seating deck in the area adjacent to the Town Green; and WHEREAS funding for the project will come from General Fund prior year reserves; and WHEREAS it is requested that $26,950 in General Fund prior year reserves be added to the City Manager – City Manager’s Office – General Emergency Repairs line item; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 65,398,562 Operations Expenditures: 22,094,288 Capital Improvement Expenditures: 43,304,274 Total Expenditures: 65,398,562 IT IS SO ORDAINED this day of , 2020.


_____________________________

Mayor Nancy Harris



_____________________________ Marline Thomas, Post 2 ______________________________

Billy Jones, Post 3 ______________________________




______________________________ ______________________________ ______________________________

ATTEST:_________________________


O2020-24

CITY OF DULUTH STATE OF GEORGIA

ORDINANCE

The Council of the City of Duluth hereby ordains that the Duluth Code of Ordinances is

hereby amended by deleting Section 3-266, Article II, Chapter 3 of the Duluth Code of

Ordinances in its entirety and adopting a new Section 3-266 to be read as follows:

Sec. 3-266. - Patio sales.

(a) The city clerk may issue a patio sales license to establishments licensed to sell alcoholic beverages for consumption on the premises, or establishments seeking such license, to allow alcoholic beverage sales within patios.

(b) In order to be eligible for a patio sales license, such patios shall:

1. Have the same address as the Licensed Premises;

2. Be owned or leased and exclusively controlled by the Retail Consumption Dealer;

3. In an area that is not public domain;

4. Be served from the same bar or serving location that permanently services the Licensed Premises.

IT IS SO ORDAINED THIS 12 DAY OF OCTOBER, 2020

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

O2020-24

Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST: ______________________ City Clerk

LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as Lease) is made and entered into this

__________day of October 2020, by and between the CITY OF DULUTH, GEORGIA, a

municipal corporation, Party of the First Part, (hereinafter referred to as Lessor), and John

Roberson, Hill Street NW Apartments Investors, LLC, Parties of the Second Part, (hereinafter

referred to as Lessee).

W I T N E S S E T H

That the said Lessor, for and in consideration of the compensation, covenants, agreements

and stipulations hereinafter mentioned, to be paid, kept and performed by the Lessee, has leased and

rented, and by these presents does lease and rent, unto the said Lessee, and the said Lessee hereby

agrees to lease and take upon the terms and conditions which hereinafter appear, the following

described property (hereinafter called Premises), to wit:

1.

LEASED PREMISES

A portion of that building which lies in Gwinnett County, Georgia, having an address of

3142 Hill Street, Duluth, Georgia 30096. The Lessee shall have access to common restroom

facilities located on the first floor and shall have access to the common stairwell for ingress and

egress. The Lessee shall not have access to any Festival Center facilities other than those

specifically referenced herein. Lessee shall lease space known as Fountain View.

Also leased herewith is the nonexclusive right and privilege to utilize the parking areas which

are paved and located in back of said leased Premises and any other public parking space controlled

by the City of Duluth.

2.

TERM

The Lease term shall commence on the _____ day of October, 2020, and shall continue

on monthly basis unless sooner terminated or extended as hereinafter provided, and may be

renewed by written agreement.

3.

RENTAL

A. BASE RENTAL: Lessee agrees to pay Lessor, promptly on the first day of each

month, in advance, during the term set forth herein, a monthly rental of Twelve

Hundred dollars ($1200.00) payable on the 15th day of each month commencing

on the 15th day of October 2020. Said rental shall be paid at the Office of the

Lessor at the City Hall Business Office. Lease rates are subject to change with a

60 day notice.

_______ John Roberson Date:__________

_______ James Riker Date:__________

4.

USE OF PREMISES

The premises shall be used for the conduct of the business of the Lessee, and shall

primarily be used as an office. Use shall not interfere with the operation of the Festival

Center or its clients. Festival Center uses shall hold a superior position. The Lessee shall

be required to keep the office in a clean and neat condition at all times. Lessee will be

notified of events which necessitate vacating the office. Notice will be given 48 hours before

the need to vacate but will not negate the owners need to vacate the space if notice is less

than 48 hours. Owner shall have access to the space without a notification requirement to

allow for normal maintenance activities.

Lessee agrees that Lessee shall not use its premises in such manner as to interfere with the

quiet enjoyment of other users of other leased space on the premises (premises shall mean the

property Lessor on which the leased premises is situate). Lessee shall cooperate with each of the

other users in the use of parking and other common facilities so as to not unreasonably interfere

with or impair vehicular or pedestrian access to the various buildings located on the tract by other

users, their customers, guests, employees and invitees.

The premises shall not be used for any illegal or deceptive purpose; nor in any manner to

create any nuisance or trespass; nor in any manner to vitiate the insurance on the premises

required to be maintained in effect by the terms of this Lease or which would have the effect of

causing any insurance carried by Lessor to be subject to cancellation or increased in premium

rate or otherwise adversely rated or classified.

5.

UTILIITES

Utilities are covered in the lease rate.

6.

SPECIAL RESTRICTIONS

Lessee further covenants and agrees that Lessee shall not store within the leased premises

any explosive such as dynamite or any highly inflammable liquids or substances which would

exceed a normal one day supply requirements of Lessee. Lessee further covenants and agrees

that Lessee shall not store within the leased premises any dangerous or hazardous chemical,

substance, or material except as permitted by any Federal, State, or Local ordinance or Law and

any Regulations promulgated thereunder and as otherwise permitted by the insurance

underwriters and then such storage shall be in strict compliance with any and all such Federal,

State, or Local Laws, Ordinances and Regulations and in particular, any and all requirements of

Law governing hazardous chemicals and those Laws relating to or being known as a Fire Code

and as required by the insurance underwriters. Lessee further covenants and agrees that Lessee

shall not dispose of any such hazardous chemicals into the sanitary septic tank system serving

leased premises (or into any sanitary sewer system in the event such should become available in

the future during the term or any renewal or extension of this lease). Lessee shall not dispose of

any such hazardous chemicals, materials, or substances in any other manner on the leased

premises.

7.

LESSORS ACCESS

Lessor shall have the right to enter the leased premises at all times and to use the remainder of

the premises. Lessor’s entry rights shall extend to contractors, architects or other personnel who

have need to examine the leased premises and/or surrounding areas. Lessor will use its best

efforts not to interfere with Lessees use of its portion of the premises.

8.

ALTERATIONS AND ADDITIONS

Lessee agrees to accept the leased premises in its condition. Lessee shall not make any

structural alterations, improvements, modifications, or additions within, on, or about the leased

premises without the prior written consent of Lessor. To the extent that Lessor may consent or

agree in writing to any structural or non-structural modifications, alterations, or additions within,

on or about the leased premises, Lessee understands and acknowledges that any such alterations,

modifications, or additions shall be at Lessees sole expense and Lessee shall pay all bills for

labor and material incurred by Lessee in connection therewith and Lessee shall permit no

materialmens or suppliers lien to be levied, claimed, or filed against the leased premises, the real

property upon which such leased premises in situate or any part or portion thereof.

In the event of the filing of any such lien, Lessee shall take such action as may be

required to cause said lien to be removed, cancelled, or satisfied as respects the leased premises

and the real property on which it is situate. Lessee understands and agrees that any and all

structural alterations, modifications, or additions made within, on or about the leased premises

may become permanent fixtures and may not be removable by Lessee on the normal termination

or prior termination of this lease as provided for herein in this Lease Agreement. Lessee must

present leasehold improvement plan to City Manager and Community Development

Department. Improvements may not proceed without express written approval from City

Manager. All improvements remain the property of the owner and may not be removed

except by express written permission of the City Manager.

9.

DESTRUCTION OF OR DAMAGE TO PREMISES

If the premises are totally destroyed by storm, fire, lightning, earthquake, or other

casualty, or so substantially damaged as to be untenantable by reason of such causes, this lease

shall terminate as of the date of such destruction or damage, and rental shall be prorated between

the Lessor and Lessee as of such date. If the premises are damaged but not rendered wholly

untenantable, rental shall abate to such proportion as use of the premises has been destroyed and

Lessor shall have the option to cancel Lease in its entirely or restore the premises to substantially

the same condition as before the damage, as speedily as practicable, or to terminate the lease. In

the event that the Lessee opts to repair the damge, the cost of any and all repairs required in the

event of such damage shall be the sole responsibility of the Lessee.

10.

INSURANCE

Lessor shall not be required to carry any insurance, with respect to the contents of the

premises hereby leased and the sole risk of loss shall be on Lessee of any such contents as may

be placed by Lessee within the premises.

Lessee shall, at its expense, procure and throughout the time that this lease is in force,

maintain the following insurance:

Comprehensive Public Liability Insurance (also known as General Liability

Coverage), on an occurrence basis with minimum limits of liability of not less

than One Million Dollars ($1,000,000.00) for bodily injury, personal injury, death

and medical payments to any one person and Two Million Dollars

($2,000,000.00) for bodily injury, personal injury or death to more than one

person and Five Hundred Thousand Dollars ($500,000.00) for damage to

property.

11.

INDEMNITY

Lessee shall indemnify and save harmless Lessor from and against any and all loss, cost

(including reasonable attorney’s fees), damage, expense and liability (including statutory

liability and liability arising under the Workmen’s Compensation Laws) in connection with any

and all claims for damages as a result of injury or death of any person or property damage to any

property sustained by:

A. Lessee, its partners, customers, invitees, agents, employees, contractors, and

subcontractors, their partners, agents, and employees; and

B. All other persons, including Lessor’s agents and employees, if such injury, death

or property damage arises from or in any manner grows out of any act or neglect

on or about the leased premises by Lessee, Lessee’s partners, agents, employees,

customers, invitees, contractors, and subcontractors, their partners, agents, and

employees, or which arise from or in any manner grow out of any defect in any

undertaking hereunder by Lessee or any failure of Lessee to comply with the

provisions of this lease.

C. In the event that any action or proceeding is brought against Lessor by reason of

any such claim, then Lessee, upon notice from Lessor, shall defend such action or

proceeding at Lessee’s cost, and Lessee shall pay all costs and attorney’s fees

and any judgment or decree and interest thereon which may be entered against

Lessor. The obligations imposed on Lessee by this paragraph accruing prior to

any termination of the initial or any subsequent term of this lease shall survive

such termination.

12.

GOVERNMENTAL ORDERS

Lessee agrees, at its sole expense, to promptly comply with all requirements of any

legally constituted public authority made necessary by reason of Lessee’s occupancy of said

premises. Lessee further agrees that Lessor provides no warranty or assurance that Lessee

complies with applicable laws and regulations of the City of Duluth, State of Georgia, or the

United States of America, and that inability or failure by Lessee to pursue or further its business

purpose or any portion thereof shall not equate to any liability on Lessor’s part for such inability

or such failure.

13.

ASSIGNMENT AND SUBLETTING

Lessee may not sublease all or any portion of the leased premises to others nor shall

Lessee permit the use of the premises by any party other than Lessee. In the event Lessee

attempts any assignment or sublease of all or any portion of leased premises to others, then, and

in that event, Lessor, at is sole option, shall have the right to terminate this lease immediately

upon obtaining knowledge of such purported assignment or sublease unless prior written consent

by Lessor is obtained by Lessee. In the event that Lessor, in the exercise of its sole discretion,

should consent to the substitution of another person, firm or corporation as Lessee hereunder, the

provisions of this paragraph shall remain of full force and effect with regard to any such

assignment, sublease or substitution of any person, firm or corporation as Lessee.

14.

DEFAULTS BY LESSEE/CANCELLATION OF LEASE BY LESSOR

It is mutually agreed that (I) if the Lessee shall default in the payment of rent herein

reserved, when due and fails to cure said default on demand; or (ii) if Lessee shall default in

performing or complying with any of the terms, covenants, conditions and requirements imposed

on Lessee under the provisions of this lease, other than the provision requiring the payment of

rent, and the Lessee fails to cure such default within ten (10) days after the date of receipt of

written notice of default from Lessor; or (iii) if Lessee is adjudicated bankrupt; or (iv) if a

permanent receiver is appointed for Lessee’s property and such receiver is not removed within

sixty (60) days after written notice from Lessor to Lessee to obtain such removal; or (v) if,

whether voluntarily or involuntarily, Lessee takes advantage of any debtor relief proceedings

under any present or future law, whereby the rent or any part thereof is, or is proposed to be,

reduced or payment thereof deferred; or (vi) if Lessee makes an assignment for benefit of

creditors; or (vii) if Lessee’s effects should be levied upon or attached under process against

Lessee, not satisfied or dissolved within thirty (30) days after written notice from Lessor to

Lessee to obtain satisfaction thereof; then, and in any of said events, Lessor, at its option, may at

once terminate this Lease by written notice to Lessee; whereupon this lease shall end. Any notice

provided for in this paragraph may be given by Lessor or his attorney or agent. Upon such

termination by Lessor, Lessee will at once surrender possession of the premises to Lessor and

remove all of Lessee’s effects therefrom; and Lessor may forthwith reenter the premises and

repossess himself thereof, and remove all persons and effects therefrom, using such force as may

be necessary without being guilty of trespass, forcible detainer or other tort.

15.

MORTGAGEE’S RIGHTS

Lessee’s rights shall be subject to any bona fide mortgage or bonded indebtedness or deed

to secure debt which is now, or may hereafter be, placed upon the premises by Lessor. Lessee

agrees to execute any tenant estoppel letter or Attornment Agreement which any present or future

lender may require acknowledging that this lease shall be subject and subordinate to any such

mortgage or loan deed or Deed to Secure Debt.

16.

NO ESTATE IN LAND

This contract shall create the relationship of Lessor and Lessee between the parties

thereto; no estate shall pass out of the Lessor. Lessee has only a usufruct, not subject to levy and

sale, and not assignable by Lessee.

17.

HOLDING OVER

If Lessee remains in possession of premises after expiration of the lease term hereof,

including any renewal or extension thereof, with Lessor’s acquiescence and without any express

agreement of parties, Lessee shall be a tenant at will at rental rate in effect at end of this lease;

and there shall be no renewal of this lease by operation of law.

18.

ATTORNEY’S FEES AND HOMESTEAD

If any rent owing under the terms of this lease is collected by or through an attorney at

law, Lessee agrees to pay fifteen (15%) per cent thereof as attorney’s fees. Lessee waives all

homestead rights and exemptions which he may have under any law as against any obligation

owing under this lease.

19.

RIGHTS CUMULATIVE

All rights, powers and privileges conferred hereunder upon parties hereto shall be

cumulative but not restrictive to those given by law.

20.

WAIVER OF RIGHTS

No failure of Lessor to exercise any power given Lessor hereunder, or to insist upon strict

compliance by Lessee with his obligation hereunder, and no custom or practice of the parties at

variance with the terms hereof shall constitute a waiver of Lessor’s right to demand exact

compliance with the terms hereof.

21.

TIME OF ESSENCE

Time is of the essence of this agreement.

22.

CONDITION OF PREMISES

Lessee shall be responsible for cleaning the premises regularly and shall leave the

premises in the same condition as delivered free and clear of litter and trash.

23.

SIGNS

No sign, billboard, or other advertising may be placed on the leased premises or the

building which is located on the premises, or on the grounds outside the leased premises by

Lessee without Lessor’s prior written approval. Lessor reserves the right to approve the size, and

style set forth on any such sign and Lessor shall have the right to specify and designate wherein

any such sign shall be placed with reference to the leased premises as well as the manner and

method of installation of any such sign.

24.

LATE PENALTY ON RENT

In the event that Lessor does not receive the rents due to be paid by Lessee hereunder on

or before the fifth (5th) day of each month during the lease term hereof, then and in that event, the

Lessee shall be liable to pay a late charge in the amount of five (5%) per cent of such monthly

rental not so paid which late charge of five (5%) per cent shall continue to accrue for each and

every month or part thereof during which such monthly rental is not paid. In the event that

Lessee makes a rental payment which is received by Lessor after the first day of the month,

Lessor shall be privileged to accept such regular lease payment and Lessor shall not be deemed to

have waived Lessor’s right to demand the late charges provided for herein by virtue of the

acceptance of such rent check and Lessor may invoice Lessee for such late charge, which late

charge shall be due and payable by Lessee upon receipt of such invoice from Lessor.

25.

RENEWAL

This Lease shall be automatically renewed for subsequent periods of one month unless

terminated in writing by Lessor or Lessee at least thirty (30) days prior to the date of termination.

26.

ENTIRE AGREEMENT

This Lease contains the entire agreement of the Parties hereto and no representations,

inducements, promises or agreements, oral or otherwise, between the Parties, not embodied

herein, shall be of any force or effect, and no modification of this agreement may be made or

shall be effective unless the same shall be reduced to writing and signed by the Parties hereto.

27.

APPLICABLE LAW

The parties hereto acknowledge and agree that this Lease Agreement shall be governed

and interpreted in accordance with the laws of the State of Georgia.

28.

DEPOSIT

Deposit is not required.

30.

DECLARATION

IN WITNESS WHEREOF, the Parties have executed this Lease under their hands and

seals, the day and year first above written.

PARTY OF THE FIRST PART (LESSOR)

CITY OF DULUTH, GEORGIA

BY: _____________________________________

James Riker, City Administrator

ATTEST:

BY: ____________________________________

Teresa Lynn, City Clerk

PARTIES OF THE SECOND PART (LESSEE)

BY: _____________________________________

John Roberson

Hill Street NW Apartments Investors, LLC

251 Little Falls Drive

Wilmington, Delaware 19808

TITLE:

ATTEST:

BY:

BA-FY21-07


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: 65,398,562 Operations Expenditures: 22,094,288 Capital Improvement Expenditures: 43,304,274 Total Expenditures: 65,398,562 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth signed a Subrecipient Agreement with Gwinnett County for the reimbursement of certain COVID-19 expenditures through CARES Act funding which includes both operating and capital expenditures of approximately $270,000; and WHEREAS Staff is requesting that $19,000 for bank credit card processing fees and $6,600 for feeding and care of the horses be added to the budget; and WHEREAS it is requested that $270,000 in General Fund prior year reserves be added to the City Manager – City Manager’s Office – General Emergency Repairs line item, $19,000 to the City Manager’s – Finance – Bank/Credit Card Fees line item and $6,600 to the Police – Police Uniform Division – Supplies-Horse Patrol line item; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 65,694,162 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 43,304,274 Total Expenditures: 65,694,162 IT IS SO ORDAINED this day of , 2020.


_____________________________

Mayor Nancy Harris




Billy Jones, Post 3 ______________________________




______________________________ ______________________________ ______________________________

ATTEST:_________________________


O2020-25

1

Mayor and Council Meeting 10/12/2020

ORDINANCE CITY OF DULUTH

VETERAN FLAG/MARKER COMMITEE WHEREAS, Section 2-100 of the Duluth Code of Ordinances establishes the Veteran Flag/Marker Committee. This Committee shall consist of one member of the governing body, two citizens of Duluth (at least one of whom is an active or retired veteran, Chairperson of the Planning Commission, and the Public Works Director). Members will be appointed by the Mayor and Council to serve a four-year term. Meetings will be held twice annually, as needed, to consider applications for exceptions and exemptions from the City’s Operating Procedure governing the Veteran’s Marker Program. WHEREAS, Sec. 2-49 Term Limits for Boards and Commissions (established 2012) Service on each and every board, authority, commission or committee of the City of Duluth shall be limited to three consecutive full four year terms. Four year terms to begin at the time of term expiration after 2012. In no event shall a member serve over fourteen (14) consecutive years. NOW THEREFORE, the City Council of the City of Duluth hereby ordains that the following members be appointed to the Veteran Flag/Marker Committee and is authorized to serve in said positions unless a majority vote of Council removes such members. It is proposed that Marline Thomas (Councilmember) fill the unexpired term of Billy Jones (Councilmember) and that Cathy Ramadei replace the unexpired term of Marline Thomas (Citizen). Appoint: Marline Thomas (Council) Expires 3/31/2021 Term begin date: 2017 Cathy Ramadei (Citizen) Expires 3/31/2021 Term begin date: 2020 Current Members and Expiration Dates: Jerry Robb (Veteran) Expires 3/31/2021 Term begin date: 2017 Ray Williams (Planning Commission) Expires 3/31/2021 Term begin date: 2020

IT IS SO ORDAINED this 12th day of October 2020.

_____________________________

Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1

_____________________________ Marline Thomas, Post 2

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Mayor and Council Meeting 10/12/2020

______________________________ Billy Jones, Post 3

______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5 Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST: ______________________ Teresa S. Lynn

Assistant City Manager, City Clerk

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R2020-09 RESOLUTION

CITY OF DULUTH FORWARDuluth – 2040 COMPREHENSIVE PLAN

A RESOLUTION AMENDING FORWARDuluth (2040 COMPREHENSIVE PLAN) AND ALL CORRESPONDING DOCUMENTS (AS SHOWN ON THE ATTACHED EXHIBIT “A”) AS REQUIRD BY THE STATE OF GEORGIA LOCAL PLANNING REQUIREMENTS CHAPTER 110-12-1-.02. WHEREAS, The Georgia Department of Community Affairs has established Minimum Standards and Procedures for Local Comprehensive Planning; and WHEREAS, the purpose of the Minimum Standards and Procedures is to provide a framework for the development, management and implementation of local comprehensive plans at the local, regional and state government level; and WHEREAS, they reflect an important state interest: healthy and economically vibrant cities and counties are vital to the state’s economic prosperity; and WHEREAS, regular updates to the plan are necessary to ensure it meets the needs to the community; and WHEREAS, the City of Duluth, Georgia, has prepared an update to FORWARDuluth; and WHEREAS, on October 5, 2020, the City of Duluth Planning Commission held a public hearing duly noticed and voted to recommend approval of the updated plan as set forth in the minutes of said meeting; and WHEREAS, the Duluth City Council held a public meeting on October 12, 2020, duly noticed as prescribed by law and published in the Gwinnett Daily Post regarding the update as set forth in the minutes of said meeting. NOW THEREFORE, be it Resolved by the City Council of the City of Duluth, Georgia to adopt the amended FORWARDuluth (2040 Comprehensive Plan) and all corresponding documents as shown on the attached Exhibit “A”.

{Signatures on the Following Page}

IT IS SO ORDAINED this 12th day of October, 2020. _____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha Anderson. Bomar, Post 1 _____________________________ Marline Thomas, 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

Ray Williams, Chairman Alana Moss, Vice Chairwomen

Niti Gajjar, Secretary

MINUTES PLANNING COMMISSION

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

Manfred Graeder Robert Pennington

Carey Fisher

October 5, 2020 CITY HALL 6:00 pm

COMMISSIONERS PRESENT: Chairman Ray Williams, Secretary Niti Gajjar, Commissioners

Manfred Graeder and Bob Pennington COMMISSIONERS ABSENT: Vice Chairwomen Alana Moss and Commissioner Carey Fisher STAFF PRESENT: Daniel Robinson, Senior Planner Forrest Huffman, Planner/GIS

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

II. GENERAL BUSINESS

III. APPROVAL OF MINUTES

1. Approval of the September 21, 2020 Minutes

Motion to Approve the September 21, 2020 Minutes as presented by Commissioner Graeder, Seconded by Secretary Gajjar.

ALL FOR, Motion Passes 4-0

IV. OLD BUSINESS

V. NEW BUSINESS

PUBLIC HEARING 1. FORWARDuluth – Adoption of Annual Update

Mr. Huffman presented for staff. FORWARDuluth, the City’s Comprehensive Plan, should be updated annually to reflect accomplishments and changes to the Short Term Work Program. In addition to updating the STWP, annually updating the Plan gives the City an opportunity to better refine the vision of the City as priorities or opportunities change. There are some significant updates to the Plan that staff is proposing. The first is to add a subsection to the Housing section that better describes Traditional Neighborhood Development (TND). There are multiple places in the Plan that references TND but the Plan is short on detail. The proposed update more accurately describes the streetscape design, home design and overall development design for TND.

Planning Commission Minutes October 5, 2020

Page 2 of 3

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The second update was to examine the aspirations listed for each of the Character Areas in the City. The Planning Commission recommended some changes and additions to the aspirations which have been included in the draft update. Along with the updated aspirations, the other significant change to Chapter 5 was updating the Future Land Use Map. The changes consisted of switching the future land uses along Buford Highway in Downtown from Commercial to Mixed Use. In the Core Neighborhood District and Duluth Highway Corridor District, areas that were designated at Medium Density Residential were changed to Low Density Residential to reflect the desire for more detached single family homes. The third update regarded the property known as the Hudgens’ Property. The future land use classification was changed from Commercial to Mixed Use. In addition to changing the future land use classification, a small area plan was created for the Plan. The property is the largest underdeveloped property in the City and a small area plan is useful to show the City’s vision for the property. Lastly, the Short Term Work Program and Report of Accomplishments has been updated to reflect the work that the City has been done since the Plan was originally adopted. Commissioner Graeder noted that some businesses referenced in the Plan that have since closed and should be changed. He also requested some changes be made to the Acknowledgements page to reflect past and present members of City Council and Planning Commission. Secretary Gajjar suggested that the Plan include street cross sections from the National Association of City Transportation Officials to better clarify how rights-of-way should be designed in TND neighborhoods. Commissioner Pennington suggested that the hotel shown on the Hudgens Small Area Plan should not be limited to a small hotel. Chairman Williams opened the public hearing. With no one from the public wishing to speak, the Chairman closed the public hearing.

Motion to Approve the Annual Update of FORWARDuluth by Commissioner Pennington, Seconded by Secretary Gajjar.


VI. OTHER BUSINESS

1. Matters from Staff

Mr. Robinson updated the Commission on development activity around the City.

2. Matters from Commission

None

3. Matters from Public

None

Planning Commission Minutes October 5, 2020

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


Approved this ___________day of ________ , 2020

______________________________ ___________________________________ Chairman Secretary/Witness

GWINNETT DAILY POSTSCNI

P.O. BOX 603LAWRENCEVILLE GA 30046

(770)963−9205

ORDER CONFIRMATION

Salesperson: GWINNETT LEGALS Printed at 09/23/20 16:56 by tpart−lv−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−Acct #: 102244 Ad #: 14940 Status: New WHOLD

DULUTH, CITY OF (LEGAL ADS) Start: 09/27/2020 Stop: 09/27/20203167 MAIN ST Times Ord: 1 Times Run: ***DULUTH GA 30096 LGL 1.00 X 65.00 Words: 300

Total LGL 65.00Class: 0934 ZONINGRate: L934 Cost: 30.00Ad Descrpt: 2040 COMP PLAN 10/12

Contact: DULUTHCITYOFLEGALADS Descr Cont: CITY OF DULUTH NOTICE OFPhone: (770)476−1790 Given by: *Fax#: (770)814−3008 P.O. #:Email: [email protected] Created: tpart 09/23/20 16:54Agency: Last Changed: tpart 09/23/20 16:56−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−COMMENTS:COPIED from AD 14317−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−PUB ZONE EDT TP RUN DATESGDP A 95 S 09/27GINT A 102 S 09/27−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−

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)



(770)963−9205

ORDER CONFIRMATION (CONTINUED)

Salesperson: GWINNETT LEGALS Printed at 09/23/20 16:56 by tpart−lv−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−Acct #: 102244 Ad #: 14940 Status: New WHOLD WHOLD

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O2020-26

ORDINANCE CITY OF DULUTH

UNIFIED DEVELOPMENT CODE AMENDING ARTICLE 4 “PARKING AND LOADING REQUIREMENTS”, ARTICLE 6 “SIGN

REGULATIONS”, AND ARTICLE 10 “EROSION CONTROL AND STORMWATER MANAGEMENT”

WHEREAS, the Mayor and City Council of the City of Duluth, Georgia recognizes the importance of promoting the community’s health, safety and welfare by providing clear, correct and consistent zoning regulations and compliance with the goals, objectives and policies identified within the adopted Community Agenda; and

WHEREAS, the Unified Development Code of the City of Duluth, Georgia, specifically authorizes the City Council to amend the text of the City of Duluth Unified Development Code by the City Council; and

WHEREAS, the Unified Development Code of the City of Duluth, Georgia, grants authority to the Director of Planning and Development to initiate amendments to the text of the City of Duluth Unified Development Code; and

WHEREAS, the Mayor and City Council recognize the importance of ensuring that the regulations promote the quality of life in the City; and

WHEREAS, on September 21, 2020, the City of Duluth Planning Commission held a public hearing duly noticed and voted to recommend approval of the text amendment (TA#2020-002) as set forth in the minutes of said meeting; and

WHEREAS, the Duluth City Council held a public meeting on October 12, 2020, duly noticed as prescribed by law and published in the Gwinnett Daily Post regarding the text amendments as set forth in the minutes of said meeting.

NOW THEREFORE, the City Council of the City of Duluth hereby ordains that the City of Duluth Unified Development Code is hereby amended Article 4, Article 6 and Article 10 as attached hereto in Exhibit “A”.

{Signatures on the Following Page}

IT IS SO ORDAINED this 12th day of October, 2020. _____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha Anderson. Bomar, Post 1 _____________________________ Marline Thomas, 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”

I. Modify Unified Development Code Section 403.01 to read as follows:

403.01. Required Area for Each Parking Space.

Each standard parking space shall be not less than 19 feet long and 9 feet wide. Compact

spaces shall not be less than 17 feet long and 8 feet wide. No more than 20% of the spaces

shall be compact spaces. Oversized Vehicles spaces and Off-Street Truck Parking spaces

shall be not less than 35 feet long by 12 feet wide and have a minimum of 14 feet of vertical

clearance. Adequate interior driveways shall connect each parking space with a public right-

of-way. All vehicles, when parked, shall be parked within the boundaries of an approved and

properly striped parking space. Double, tandem, stacked or other similar method of parking

more than one (1) vehicle per space shall be prohibited.

II. Add Unified Development Code Section 405.04 to read as follows:

Section 405.04. Parking in a Non-Residential District.

No heavy truck, heavy equipment, recreational vehicle, boat, semi-trailer, tractor-trailer,

trailer, camper or other Oversized Vehicle shall park in any non-residential district except

those vehicles parked temporarily while making a delivery, providing a service, or

purchasing goods or services. All vehicles shall be parked on an approved concrete or

asphalt parking surface within a marked space specifically designated for Oversized

Vehicles. Fleet vehicles parked at their commercial business address, Oversized Vehicles

listed for lease or sale, and vehicles stored in dead storage establishments are permitted.

Vehicles loading and unloading merchandise, supplies, goods, freight, provisions or

furnishings shall be governed by the provisions of Section 406, Off-Street Truck Loading.

III. Add Unified Development Code Section 406.01(d) to read as follows:

Section 406.01(d). Use of Off-Street Truck Loading Area.

Off-Street loading areas shall not be used as parking areas, rest areas or for over-night stays.

It shall be unlawful for any heavy truck, heavy equipment, recreation vehicle, semi-trailer,

tractor-trailer, trailer, camper or other Oversized Vehicle to park, stop or stand in any

designated off-street loading area for any purpose other than to actively load or unload

merchandise, supplies, goods, freight, provisions or furnishings.

IV. Modify Unified Development Code Section 605.03(b)(2) to read as follows:

Section 605.03(b)(2). Window Signs Coverage.

Window signs are collectively allowed to cover up to 20% of the total area of all windows

and glass doors, per tenant façade. Window signs are allowed in all non-residential zoning

districts except the O-N zoning district.

V. Modify Unified Development Code Section 608.04(e) to read as follows:

Section 608.04(e). Flags

A free-standing flagpole taller than 40 feet shall not be erected or constructed without first

obtaining a building permit.

VI. Modify Unified Development Code Article 10 by striking Article 10, Division IV in its entirety and

replacing the same with a new Article 10, Division IV in compliance with the Metropolitan North

Georgia Water Planning District Model Ordinance for Post-Construction Stormwater Management

for New Development and Redevelopment the to read as follows (numbering and format to be

incorporated within the Unified Development Code):

Article [X]. Post-Construction Stormwater Management for New Development and Redevelopment.

Section [Y]-1. Purpose and Intent. The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. Proper management of post- construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Duluth is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District’s regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff.

Section [Y]-1.1. Standards Incorporated by Reference. The latest edition of the Georgia Stormwater Management Manual or Gwinnett County’s approved equivalent stormwater management design manual, including any relevant local addenda to these manuals, will be utilized as policy, criteria, and information for the proper implementation of the requirements of this code, including technical specifications and standards. These manuals may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.”

The latest edition of the Standard Specifications Construction of Transportation Systems by the Georgia Department of Transportation, including any relevant local addenda to these standards, is hereby incorporated by reference into Division V of this Development Code. Section [Y]-2. Definitions. For this Article, the terms below shall have the following meanings:

“administrator” means the person appointed to administer and implement this Article on Post-Construction Stormwater Management for New Development and Redevelopment in accordance with Section [Y]-4.

“applicant” means a person submitting a land development application for approval.

“BMP” or “best management practice” means both structural devices to store or treat stormwater runoff and non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the State of Georgia.

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“BMP landscaping plan” means a design for vegetation and landscaping that is critical to the performance and function of the BMP including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific). “channel” means a natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.

“construction sequencing plan” means a document noting the sequence of construction and identification of infiltration zones for protection during staged installation of permanent post- construction BMPs to ensure suitable site conditions such as avoiding soil compaction by heavy equipment in areas designated for infiltration BMPs. “detention” means the temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge. “detention facility” means a structure designed for the storage and gradual release of stormwater runoff at controlled rates. “development” means new development or redevelopment. “extended detention” means the storage of stormwater runoff for an extended period of

time.

“extreme flood protection” means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more. “flooding” means a volume of surface water that exceeds the banks or walls of a BMP, or channel; and overflows onto adjacent lands. “GSMM” means the latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical Handbook, and its Appendices. “hotspot” means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the Industrial Stormwater General Permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use. “impervious surface” means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into the soil.

“Industrial Stormwater General Permit” means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies based on Standard Industrial Classification (SIC) Code.

“infiltration” means the process of percolating stormwater runoff into the subsoil. “inspection and maintenance agreement” means a written agreement providing for the long-term inspection, operation, and maintenance of the stormwater management system and its components on a site. “land development application” means the application for a land development permit on a form provided by City of Duluth along with the supporting documentation required in Section [Y]-10(a). “land development permit” means the authorization necessary to begin construction- related, land-disturbing activity. “land disturbing activity” means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including but not limited to clearing, dredging, grading, excavating, and filling of land. Land disturbing activity does not include agricultural practices as described O.C.G.A. 12-7-17(5) or silvicultural land management activities as described O.C.G.A. 12-7-17(6) within areas zoned for these activities.

“linear feasibility program” means a feasibility program developed by the City of Duluth and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when implementation of stormwater management standards for linear transportation projects being constructed by the City of Duluth is infeasible. “linear transportation projects” means construction projects on traveled ways including but not limited to roads, sidewalks, multi-use paths and trails, and airport runways and taxiways. “MS4 Permit” means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the City of Duluth’s municipal separate storm sewer system. “new development” means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site. “nonpoint source pollution” means a form of water pollution that does not originate from a discrete point such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. “overbank flood protection” means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). “owner” means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. “person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity. “post-construction stormwater management” means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in

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accordance with a stormwater management plan. “post-development” means the conditions anticipated to exist on site immediately after completion of the proposed development. “practicability policy” means the latest edition of the Metropolitan North Georgia Water Planning District’s Policy on Practicability Analysis for Runoff Reduction.

“pre-development” means the conditions that exist on a site immediately before the implementation of the proposed development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time before the first item being approved or permitted shall establish pre-development conditions. “pre-development hydrology” means (a) for new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and (b) for redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property. “previously developed site” means a site that has been altered by paving, construction, and/or land disturbing activity. “redevelopment” means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling. “routine maintenance” means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. “runoff” means stormwater runoff. “site” means an area of land where development is planned, which may include all or portions of one or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit. “stormwater concept plan” means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design. “stormwater management plan” means a plan for post-construction stormwater management at the site that meets the requirements of Section [Y]-8(d) and is included as part of the land development application.

“stormwater management standards” means those standards set forth in Section [Y]-7. “stormwater management system” means the entire set of non-structural site design

features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.

“stormwater runoff” means flow on the surface of the ground, resulting from precipitation.

“subdivision” means the division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Other terms used but not defined in this Article shall be interpreted based on how such terms are defined and used in the GSMM and the City of Duluth’s MS4 permit. Section [Y]-3. Adoption and Implementation of the GSMM; Conflicts and Inconsistencies.

(a) In implementing this Article, the City of Duluth shall use and require compliance with all relevant design standards, calculations, formulas, methods, and other guidance from the GSMM as well as all related appendices.

(b) This Article is not intended to modify or repeal any other Article, ordinance, rule, regulation or other provision of law, including but not limited to any applicable stream buffers under state and local laws, and the Georgia Safe Dams Act and Rules for Dam Safety. In the event of any conflict or inconsistency between any provision in the City of Duluth’s MS4 permit and this Article, the provision from the MS4 permit shall control. In the event of any conflict or inconsistency between any provision of this Article and the GSMM, the provision from this Article shall control. In the event of any other conflict or inconsistency between any provision of this Article and any other ordinance, rule, regulation or other provision of law, the provision that is more restrictive or imposes higher protective standards for human health or the environment shall control.

(c) If any provision of this Article is invalidated by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Article.

Section [Y]-4. Designation of Administrator. The City Manager may from time to time appoint someone

to administer and implement this Article.

Section [Y]-5. Applicability Criteria for Stormwater Management Standards. This Article applies to the following activities:

(a) New development that creates or adds 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of 1 acre of land or greater;

(b) Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of 1 acre or more;

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(c) New development and redevelopment if

(i) such new development or redevelopment is part of a subdivision or other common plan of development, and

(ii) the sum of all associated impervious surface area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceeds the threshold in (a) and (b) above;

(d) Any commercial or industrial new development or redevelopment, regardless of size, that is a hotspot land use as defined in this Article; and

(e) Linear transportation projects that exceed the threshold in (a) or (b) above.

Section [Y]-6. Exemptions from Stormwater Management Standards. This Article does not apply to the following activities:

(a) Land disturbing activity conducted by local, state, authority, or federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs;

(b) Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement;

(c) Land disturbing activity conducted by local, state, authority, or federal agencies, whose sole purpose is to implement stormwater management or environmental restoration;

(d) Repairs to any stormwater management system deemed necessary by the administrator;

(e) Agricultural practices as described O.C.G.A. 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in [Y]-5 (a) or (b);

(f) Silvicultural land management activities as described O.C.G.A. 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in [Y]-5 (a) or (b);

(g) Installations or modifications to existing structures solely to implement Americans with Disabilities Act (ADA) requirements, including but not limited to elevator shafts, handicapped access ramps and parking, and enlarged entrances or exits; and

(h) Linear transportation projects being constructed by the City of Duluth to the extent the administrator determines that the stormwater management standards may be infeasible to apply, all or in part, for any portion of the linear transportation project. For this exemption to apply, an infeasibility report that is compliant with the City of Duluth’s linear feasibility program shall first be submitted to the administrator that contains adequate documentation to support the evaluation for the applicable portion(s) and any resulting infeasibility determination, if any, by the administrator.

Section [Y]-7. Stormwater Management Standards. Subject to the applicability criteria in Section [Y]-5

and exemptions in Section [Y]-6, the following stormwater management standards apply. Additional details for each standard can be found in the GSMM Section 2.2.2.2:

(a) Design of Stormwater Management System: The design of the stormwater management system shall be in accordance with the applicable sections of the GSMM as directed by the administrator. Any design which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

(b) Natural Resources Inventory: Site reconnaissance and surveying techniques shall be used to complete a thorough assessment of existing natural resources, both terrestrial and aquatic, found on the site. Resources to be identified, mapped, and shown on the Stormwater Management Plan, shall include, at a minimum (as applicable):

(i) Topography (minimum of 2-foot contours) and Steep Slopes (i.e., Areas with Slopes Greater Than 15%),

(ii) Natural Drainage Divides and Patterns, (iii) Natural Drainage Features (e.g., swales, basins, depressional areas), (iv) Natural feature protection and conservation areas such as wetlands, lakes, ponds,

floodplains, stream buffers, drinking water wellhead protection areas and river corridors,

(v) Predominant soils (including erodible soils and karst areas), and (vi) Existing predominant vegetation including trees, high quality habitat and other

existing vegetation.

(c) Better Site Design Practices for Stormwater Management: Stormwater management plans shall preserve the natural drainage and natural treatment systems and reduce the generation of additional stormwater runoff and pollutants to the maximum extent practicable. Additional details can be found in the GSMM Section 2.3.

(d) Stormwater Runoff Quality/Reduction: Stormwater Runoff Quality/Reduction shall be provided by using the following:

(i) For development with a stormwater management plan, the applicant shall choose

(A) Runoff Reduction and additional water quality shall not be required. To the extent (A) Runoff Reduction has been determined to be infeasible for all or a portion of the site using the Practicability Policy, then (B) Water Quality shall apply for the remaining runoff from a 1.2 inch rainfall event and must be treated to remove at least 80% of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM.

(A) Runoff Reduction - The stormwater management system shall be designed to retain the first 1.0 inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable.

(B) Water Quality – The stormwater management system shall be designed to remove at least 80% of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM for runoff from a 1.2 inch rainfall event.

(ii) If a site is determined to be a hotspot as detailed in Section [Y]-5, the City of Duluth may require the use of specific or additional components for the stormwater management system to address pollutants of concern generated by that site.

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(e) Stream Channel Protection: Stream channel protection shall be provided by using all of

the following three approaches:

(i) 24-hour extended detention storage of the 1-year, 24-hour return frequency storm event;

(ii) Erosion prevention measures, such as energy dissipation and velocity control; and

(iii) Preservation of any applicable stream buffer.

(f) Overbank Flood Protection: Downstream overbank flood protection shall be provided by controlling the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour storm event.

(g) Extreme Flood Protection: Extreme flood protection shall be provided by controlling the 100-year, 24-hour storm event such that flooding is not exacerbated.

(h) Downstream Analysis: Due to peak flow timing and runoff volume effects, some structural components of the stormwater management system fail to reduce discharge peaks to pre-development levels downstream from the site. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises 10% of the total drainage area in accordance with Section 3.1.9 of the GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system.

(i) Stormwater Management System Inspection and Maintenance: The components of the stormwater management system that will not be dedicated to and accepted by the City of Duluth, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, shall have an inspection and maintenance agreement to ensure that they continue to function as designed. All new development and redevelopment sites are to prepare a comprehensive inspection and maintenance agreement for the on-site stormwater management system. This plan shall be written in accordance with the requirements in Section [Y]-16.

Section [Y]-8. Pre-Submittal Meeting, Stormwater Concept Plan, and Stormwater Management Plan Requirements.

(a) Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Duluth. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM Section 2.4.2.4) or the stormwater concept plan (GSMM Section 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the City of Duluth when applying for a Determination of Infeasibility

through the Practicability Policy.

(b) The stormwater concept plan shall be prepared using the minimum following steps:

(i) Develop the site layout using better site design techniques, as applicable (GSMM Section 2.3).

(ii) Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater runoff quality/reduction, channel protection, overbank flooding protection and extreme flood protection (GSMM Section 2.2).

(iii) Perform screening and preliminary selection of appropriate best management practices and identification of potential siting locations (GSMM Section 4.1).

(c) The stormwater concept plan shall contain:

(i) Common address and legal description of the site,

(ii) Vicinity map, and

(iii) Existing conditions and proposed site layout mapping and plans (recommended scale of 1” = 50’), which illustrate at a minimum:

(A) Existing and proposed topography (minimum of 2-foot contours),

(B) Perennial and intermittent streams,

(C) Mapping of predominant soils from USDA soil surveys,

(D) Boundaries of existing predominant vegetation and proposed limits of clearing and grading,

(E) Location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.),

(F) Location of existing and proposed roads, buildings, parking areas and other impervious surfaces,

(G) Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements,

(H) Preliminary estimates of unified stormwater sizing criteria requirements,

(I) Preliminary selection and location, size, and limits of disturbance of proposed BMPs,

(J) Location of existing and proposed conveyance systems such as grass channels, swales, and storm drains,

(K) Flow paths,

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(L) Location of the boundaries of the base flood floodplain, future- conditions floodplain, and the floodway (as applicable) and relationship of site to upstream and downstream properties and drainage, and

(M) Preliminary location and dimensions of proposed channel modifications, such as bridge or culvert crossings.

(d) The stormwater management plan shall contain the items listed in this part and be prepared under the direct supervisory control of either a registered Professional Engineer or a registered Landscape Architect licensed in the state of Georgia. Items (iii), (iv), (v), and (vi) shall be sealed and signed by a registered Professional Engineer licensed in the state of Georgia. The overall site plan must be stamped by a design professional licensed in the State of Georgia for such purpose. (GSMM Section 2.4.2.7)

(i) Natural Resources Inventory

(ii) Stormwater Concept Plan

(iii) Existing Conditions Hydrologic Analysis

(iv) Post-Development Hydrologic Analysis

(v) Stormwater Management System

(vi) Downstream Analysis

(vii) Erosion and Sedimentation Control Plan

(viii) BMP Landscaping Plan

(ix) Inspection and Maintenance Agreement

(x) Evidence of Acquisition of Applicable Local and Non-Local Permits

(xi) Determination of Infeasibility (if applicable)

(xii) Construction Sequencing Plan

(e) For redevelopment and to the extent existing stormwater management structures are being used to meet stormwater management standards the following must also be included in the stormwater management plan for existing stormwater management structures

(i) As-built Drawings

(ii) Hydrology Reports

(iii) Current inspection of existing stormwater management structures with

deficiencies noted

(iv) BMP Landscaping Plans

Section [Y]-9. Application Fee. The fee for review of any land development application shall be based on the fee structure established by the City of Duluth, and payment shall be made before the issuance of

any land disturbance permit or building permit for the development.

Section [Y]-10. Application Procedures. Land development applications are handled as part of the process to obtain the land disturbance permit pursuant to the Duluth Unified Development Code or building permit pursuant the Duluth Building Code, as applicable. Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:

(a) File a land development application with the City of Duluth on the City of Duluth’s form of application with the following supporting materials:

(i) the stormwater management plan prepared in accordance with Section [Y]-8 (d),

(ii) a certification that the development will be performed in accordance with the

stormwater management plan once approved,

(iii) a Preliminary Determination of Infeasibility, as applicable, prepared in accordance

with the practicability policy, and

(iv) an acknowledgement that applicant has reviewed the City of Duluth’s form of

inspection and maintenance agreement and that applicant agrees to sign and record

such inspection and maintenance agreement before the final inspection.

(b) The administrator shall inform the applicant whether the application and supporting materials are approved or disapproved.

(c) If the application or supporting materials are disapproved, the administrator shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same for the administrator to again consider and either approve or disapprove.

(d) If the application and supporting materials are approved, the City of Duluth may issue the associated land disturbance permit or building permit, provided all other legal requirements for the issuance of such permits have been met. The stormwater management plan included in such applications becomes the approved stormwater management plan.

Section [Y]-11. Compliance with the Approved Stormwater Management Plan. All development shall be:

(a) consistent with the approved stormwater management plan and all applicable land disturbance and building permits, and

(b) conducted only within the area specified in the approved stormwater management plan.

No changes may be made to an approved stormwater management plan without review and advanced written approval by the administrator.

Section [Y]-12. Inspections to Ensure Plan Compliance During Construction. Periodic inspections of the stormwater management system during construction shall be conducted by the staff of the City of Duluth or conducted and certified by a professional engineer who has been approved by the City of Duluth. Inspections shall use the approved stormwater management plan and the construction sequencing plan for establishing compliance. All inspections shall be documented with written reports

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that contain the following information:

(a) The date and location of the inspection;

(b) Whether the stormwater management system is in compliance with the approved stormwater management plan;

(c) Variations from the approved stormwater management plan; and

(d) Any other variations or violations of the conditions of the approved stormwater management plan.

Section [Y]-13. Final Inspection; As-Built Drawings; Delivery of Inspection and Maintenance Agreement. Upon completion of the development, the applicant is responsible for:

(a) Certifying that the stormwater management system is functioning properly and was constructed in conformance with the approved stormwater management plan and associated hydrologic analysis,

(b) Submitting as-built drawings showing the final design specifications for all components of the stormwater management system as certified by a professional engineer,

(c) Certifying that the landscaping is established and installed in conformance with the BMP landscaping plan, and

(d) Delivering to the City of Duluth a signed inspection and maintenance agreement that has been recorded by the owner in the property record for all parcel(s) that make up the site.

The required certification under part (a) shall include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the City of Duluth with the request for a final inspection. The City of Duluth shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.

Section [Y]-14. Violations and Enforcement. Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to the Duluth Unified Development Code or the underlying building permit pursuant to the Duluth Building Code. To address a violation of this Article, the City of Duluth shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits.

Section [Y]-15. Maintenance by Owner of Stormwater Management Systems Predating Current GSMM. For any stormwater management systems approved and built based on requirements predating the

current GSMM and that is not otherwise subject to an inspection and maintenance agreement, such stormwater management systems shall be maintained by the owner so that the stormwater management systems perform as they were originally designed.

Section [Y]-16. Inspection and Maintenance Agreements.

(a) The owner shall execute an inspection and maintenance agreement with the the City of Duluth obligating the owner to inspect, clean, maintain, and repair the stormwater management system; including vegetation in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the form provided by the City of Duluth. After the inspection and maintenance agreement has been signed by the owner and the City of Duluth, the owner shall promptly record such agreement at the owner’s cost in the property record for all parcel(s) that make up the site.

(b) The inspection and maintenance agreement shall identify by name or official title the person(s) serving as the point of contact for carrying out the owner’s obligations under the inspection and maintenance agreement. The owner shall update the point of contact from time to time as needed and upon request by the City of Duluth. Upon any sale or transfer of the site, the new owner shall notify the City of Duluth in writing within 30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following 30 days’ notice, constitute a failure to maintain the stormwater management system.

(c) The inspection and maintenance agreement shall run with the land and bind all future successors-in-title of the site. If there is a future sale or transfer of only a portion of the site, then:

(i) The parties to such sale or transfer may enter into and record an assignment

agreement designating the owner responsible for each portion of the site and associated

obligations under the inspection and maintenance agreement. The parties shall record

and provide written notice and a copy of such assignment agreement to the City of Duluth.

(ii) In the absence of a recorded assignment agreement, all owners of the site shall be

jointly and severally liable for all obligations under the inspection and maintenance

agreement regardless of what portion of the site they own.

Section [Y]-17. Right of Entry for Maintenance Inspections. The terms of the inspection and maintenance agreement shall provide for the City of Duluth’s right of entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the City of Duluth shall have the right to enter and make inspections pursuant to the City of Duluth’s general provisions for property maintenance inspections pursuant to the City of Duluth Municipal Code.

Section [Y]-18. Owner’s Failure to Maintain the Stormwater Management System. The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to maintain a stormwater management system and the enforcement options available to the City of Duluth. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then:

17 | P a g e

(a) An owner’s failure to maintain the stormwater management system so that it performs as it was originally designed shall constitute and be addressed as a violation of, or failure to comply with, owner’s property maintenance obligations pursuant to the Duluth Municipal Code and

(b) To address such a failure to maintain the stormwater management system, the City of Duluth shall have all the powers and remedies that are available to it for other violations of an owner’s property maintenance obligations, including without limitation prosecution, penalties, abatement, and emergency measures.



(770)963−9205

ORDER CONFIRMATION

Salesperson: GWINNETT LEGALS Printed at 09/23/20 16:43 by tpart−lv−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−Acct #: 102244 Ad #: 14939 Status: New WHOLD

DULUTH, CITY OF (LEGAL ADS) Start: 09/27/2020 Stop: 09/27/20203167 MAIN ST Times Ord: 1 Times Run: ***DULUTH GA 30096 LGL 1.00 X 65.00 Words: 300

Total LGL 65.00Class: 0934 ZONINGRate: L934 Cost: 30.00Ad Descrpt: TA2020−002

Contact: DULUTHCITYOFLEGALADS Descr Cont: CITY OF DULUTH NOTICE OFPhone: (770)476−1790 Given by: *Fax#: (770)814−3008 P.O. #:Email: [email protected] Created: tpart 09/23/20 16:41Agency: Last Changed: tpart 09/23/20 16:43−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−PUB ZONE EDT TP RUN DATESGDP A 95 S 09/27GINT A 102 S 09/27−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−

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)



(770)963−9205

ORDER CONFIRMATION (CONTINUED)

Salesperson: GWINNETT LEGALS Printed at 09/23/20 16:43 by tpart−lv−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−Acct #: 102244 Ad #: 14939 Status: New WHOLD WHOLD

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Presentation of 2017Auditor’s Discussion and Analysis

Presentation of 2019 Audit Results

City of Duluth, Georgia

September 2020

1

Presentation of AnnualAudit ResultsJanuary 2020

Agenda

Engagement Team

Results of the 2019 Audit

Financial Trends

Comments, Recommendations, and Other Issues

Questions

2


Engagement Team

Mauldin & Jenkins, LLC

Founded in 1918 – serving clients for 100 years!

Large regional firm serving the Southeastern United States.

Offices located in Macon, Atlanta, Albany, Savannah, Bradenton, FL, Chattanooga, TN, Columbia, SC and Birmingham, AL employing approximately 400 personnel.

In addition to our governmental practice, we have large banking, healthcare, not‐for‐profit, benefit plan and tax practices.

Mauldin & Jenkins, LLC; Governmental Sector

Largest specific industry niche served by the Firm representing 28% of Firm practice.

Serve more governmental entities in Georgia than any other certified public accounting firm requiring over 80,000 hours of service on an annual basis.

Approximately 100 professional staff persons with current governmental experience.

Current auditor for almost 400 total governments in the Southeast, including approximately:

110 cities (including 9 of 10 largest cities in Georgia);

50 counties (including 7 of the 10 largest in Georgia);

50 school systems (8 of the 10 largest in Georgia);

40 state entities; and,

100 special purpose entities (stand‐alone business type entities, libraries, etc).

Engagement team leaders for the City of Lilburn

Josh Carroll, Engagement Director James Bence, Quality Review Partner

3


Results of June 30, 2019 Audit

Our Responsibility Under Auditing Standards Generally Accepted in the United States of America (GAAS) and Government Auditing Standards (GAS)

– Our audit was performed in accordance with GAAS and GAS.

– We considered the internal control structure for the purpose of expressing our opinion on the City’s basic financialstatements and not for the purpose of providing assurance on the internal control structure.

– Our objective is to provide reasonable—not absolute—assurance that the basic financial statements are free frommaterial misstatement.

– The basic financial statements are the responsibility of the City’s management.

Report on 2019 Basic Financial Statements

– Unmodified (“clean”) opinion on basic financial statements.

– Presented fairly in accordance with accounting principles generally accepted in the United States of America (GAAP).

– Our responsibility does not extend beyond financial information contained in our report.

4


Required Communications

Significant Accounting Policies

– The significant accounting policies used by the City are described in Note 1 to the basic financial statements.

– In considering the policies used by the City, we noted they are in accordance with generally accepted accountingprinciples and similar government organizations with no significant new policies or qualitative aspects of itspolicies. The City is not involved in any controversial or emerging issues for which guidance is not available.

Management Judgment/Accounting Estimates

– The City uses various estimates as part of its financial reporting process – including valuation of accountsreceivable (recording of allowance for uncollectible accounts) and actuarial assumptions.

– Management’s estimates used in preparation of financial statements were deemed reasonable in relation to thefinancial statements taken as a whole. We considered this information and the qualitative aspects ofmanagement’s calculations in evaluating the City’s significant accounting estimates.

Financial Statement Disclosures

– The footnote disclosures to the financial statements are also an integral part of the financial statements and theprocess used by management to accumulate the information included in the disclosures was the same processused in accumulating the statements. The overall neutrality, consistency, and clarity of the disclosures wasconsidered as part our audit.

5


Required Communications (Continued)

Relationship with Management

– We received full cooperation from the City’s management, staff, and others.

– There were no disagreements with management on accounting issues or financial reporting matters.

Audit Adjustments

– No adjustments were proposed to the records of the City.

Passed Audit Adjustments

– There were no passed adjustments.

Representation from Management

– We requested written representations from management relating to the accuracy of information included in thefinancial statements and the completeness and accuracy of various information requested by us, during the audit.Management provided those written representations without a problem.

6


Required Communications (Continued)

Consultation with Other Accountants

– To the best of our knowledge, management has not consulted with, or obtained opinions from, other independentaccountants during the year, nor did we face any issues requiring outside consultation.

Significant Issues Discussed with Management

– There were no significant issues discussed with management related to business conditions, plans, or strategies thatmay have affected the risk of material misstatement of the financial statements.

Information in Documents Containing Audited Financial Statements

– Our responsibility for other information in documents containing the City’s basic financial statements and our reportthereon does not extend beyond the information identified in our report. If the City intends to publish or otherwisereproduce the financial statements and make reference to our firm, we must be provided with printers’ proof for ourreview and approval before printing. The City must also provide us with a copy of the final reproduced material for ourapproval before it is distributed.

Auditor Independence

– In accordance with AICPA professional standards, M&J is independent with regard to the City and its financial reportingprocess.

– There were no fees paid to M&J for management advisory services during 2019 that might effect our independence asauditors.

7


General and Special Revenue Fund Balance Ratio to Expenditures

Source: The City Annual Financial Reports

77%67%

63%69%

76%

0%

20%

40%

60%

80%

100%

120%

140%

2015 2016 2017 2018 2019

8


Comments, Recommendations, & Other Matters

Management Recommendations for Improvement

1. Segregation of Duties ‐ During the course of our testwork, we noted a couple of areas in which the segregation of dutiescould be improved. Segregation of employee’s duties is a common practice in an effective internal control structure. The City hasmade improvements in this area with the implementation of the new accounting system, however there are still a couple of areas inthe cash receipting area where segregation of duties could be improved.

• Individuals who collect receivables can post receipts to the sub-ledger.

• For property taxes, individuals who process bills are not independent of the assessment and collection functions.They also have the ability to record abetments/adjustments. As a mitigating controls entries are reviewed andapproved by other staff.

Without some segregation of duties within these functions, there is increased exposure that someone could intentionally orunintentionally misappropriate assets of the City.

2. Cybersecurity - The Information Technology environment is characterized by rapid change. Thus, any risk assessment andcontrol activities, as they relate to IT, need to be monitored and reviewed on a regular basis. During our review we noted that theCity is utilizing an IT framework in evaluating its cybersecurity risk management. However, we recommend that the frameworkcurrently being used by management add a monitoring component as new IT risks can emerge, controls and other mitigationscan lose effectiveness, and new procedures can be deployed to address changing risk. A regular review or monitoringcomponent to an IT framework is a key part of an effective internal control framework and risk management process.

9


Comments, Recommendations, & Other Matters (Continued)

New GASB Pronouncements for Future Years

– GASB Statement No. 84, Fiduciary Activities, This statement establishes criteria for identifying fiduciary activities with afocus on: 1) whether a government is controlling the assets of the fiduciary activity; and, 2) the beneficiaries with whoma fiduciary relationship exists. Applicable for June 30, 2020.

– GASB Statement No. 87, Leases, will require all lease agreements to be recorded as a liability under full accrualaccounting. Many of these leases were previously considered operating leases and payments were expensed asincurred with no liability accrued. Applicable for June 30, 2021.

– GASB Statement No. 89, Capitalized Interest, requires that construction period interest no longer becapitalized for proprietary funds. This statement is only applied prospectively in the year implemented.Applicable for June 30, 2021.

– GASB Statement No. 90, Majority Equity Interests, will change the accounting for a government’s investmentin another entity in which it acquires a majority equity interest in that entity. Certain investments will bemeasured using the equity method, some at fair value, and some will result in the acquired entity be reportedas a component unit. Applicable for June 30, 2020.

– GASB Statement No. 91, Conduit Debt Obligations, provides a single method for reporting conduit debtobligations by issuers and eliminates diversity in practice associated with (1) commitments extended byissuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures.Applicable for June 30, 2022.

10



Other Matters Currently Being Considered by GASB

– Re‐examination of the Financial Reporting Model‐ GASB has added this project to its technical agenda to makeimprovements to the existing financial reporting model (established via GASB 34). Improvements are meant toenhance the effectiveness of the model in providing information for decision‐making and assessing a government’saccountability. GASB anticipates a final standard expected in early 2022.

– Conceptual Framework‐ A constant matter being looked at by GASB. Current measurement focus statements (forgovernmental funds) to change to near‐term financial resources measurement. May dictate a period (such as 60 days)for revenue and expenditure recognition. May expense things such as supplies and prepaid assets at acquisition. Willlook into which balances (at all statement levels) are measured at acquisition and which need to be re‐measured atyear‐end. Project placed on hold for now.

– Revenue and Expense Recognition ‐ Another long‐term project where the GASB is working to develop a comprehensiveapplication model for recognition of revenues and expenses from non‐exchange, exchange, and exchange‐liketransactions. The final standard is expected in 2023.

11



FREE QUARTERLY CONTINUING EDUCATION AND NEWSLETTERS

FOR GOVERNMENTAL CLIENTS

Free Continuing Education. We provide free quarterly continuing education for all of our governmental clients. Each quarter wepick a couple of significant topics tailored to be of interest to governmental entities. In an effort to accommodate our entiregovernmental client base, we offer the sessions several times per quarter at a variety of client provided locations resulting ingreater networking among our governmental clients. Examples of subjects addressed in the past few quarters include:

‐ CAFR Preparation ‐ GASB Updates ‐ Grant Accounting Processes and Controls ‐ GASB 68 (Pensions)

‐ Internal controls over revenue and cash receipting and accounts payable, payroll, and cash disbursements

‐ American Recovery & Reinvestment Act (ARRA) information, issues and updates ‐ Single audits for auditees

‐ Collateralization of Deposits and Investments ‐ Internal Controls over Accounts Payable, Payroll and Controls

‐ Policies and Procedures Manuals ‐ Segregation of Duties – GASB 75 (OPEB) – GASB 87 (Leases)

‐ Data Security and General Information Technology Controls and Best Practices

Communication. In an effort to better communicate our free continuing education plans and newsletters, please email PaigeVercoe at [email protected] (send corresponding copy to [email protected]), and provide to her individual names, mailingaddresses, email addresses and phone numbers of anyone you wish to participate and be included in our database.

12


Comments and Questions?

We appreciate the opportunity to serve the City of Duluth, Georgia and look forward to continuing to work with the City in upcoming years!

Conclusion

BA-FY21-08


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: 65,694,162 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 43,304,274 Total Expenditures: 65,694,162 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth has awarded a contract to Garrett Paving Company to repair and resurface 14 streets (10 based bid and 4 alternates) in an amount not to exceed $1,087,706.43; and WHEREAS funding for the project will come from unallocated 2017 SPLOST Transportation funds; and WHEREAS it is requested that $1,087,707 in unallocated 2017 SPLOST Transportation funds be added to the Transportation/Infrastructure Improvements – Paved Streets – Repairs and Maintenance – Streets/Sidewalks line item; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 66,781,869 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 44,391,981 Total Expenditures: 66,781,869 IT IS SO ORDAINED this day of , 2020.


_____________________________

Mayor Nancy Harris




Billy Jones, Post 3 ______________________________




______________________________ ______________________________ ______________________________

ATTEST:_________________________


BA-FY21-09


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: 65,781,869 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 43,391,981 Total Expenditures: 66,781,869 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth anticipated the contractor will complete construction of the 1st level of the downtown parking deck in the next 45 days or so; and WHEREAS additional cost have been incurred including, $29,323 to install 4 poles with attached lights along Ridgeway Road, $12,804 for installation of a black vinyl coated chain link fence enclosure with double gates, $62,716 for various hardscape/crosswalk changes at the intersection of Ridgeway Road and Hill Street, and $20,877 contingency funds; and WHEREAS it is requested that $125,000 in 2017 SPLOST Interest Revenue be added to the Transfer from SPLOST 2017 line item and a like amount be added to Parking – Site Improvements line item; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 66,906,869 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 44,516,981 Total Expenditures: 66,906,869 IT IS SO ORDAINED this day of , 2020.


_____________________________

Mayor Nancy Harris




Billy Jones, Post 3 ______________________________




______________________________ ______________________________ ______________________________

ATTEST:_________________________


BA-FY21-10


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: 66,906,869 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 44,516,981 Total Expenditures: 66,906,869 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth plan on holding a virtual Public Information Open House (PIOH) to allow the public to weigh in on the option of a cul de sac versus a ninety degree intersection at Pine Needle Drive and SR 120; and WHEREAS in order to evaluate the options $6,020 will be needed to develop concept plans and cost estimates and $9,456 will be needed to develop material/mailings/conduct the PIOH, plus staff is requesting $1,548 in contingency funds; and WHEREAS it is requested that $13,790 in revenue be added to the Gwinnett County Grant line item, $3,234 in Unallocated 2017 SPLOST be added to the SPLOST 2017 line item and expenditures of $17,024 be added to the Pine Needle Drive Improvements – Paved Streets – Professional Services line item; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 66,923,893 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 44,534,005 Total Expenditures: 66,923,893 IT IS SO ORDAINED this day of , 2020.


_____________________________

Mayor Nancy Harris




Billy Jones, Post 3 ______________________________




______________________________ ______________________________ ______________________________

ATTEST:_________________________


BA-FY21-11


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: 66,923,893 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 44,534,005 Total Expenditures: 66,923,893 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth is working with a private developer to locate a 2,500 square foot restaurant building on the paver lot and adjacent to the building create a “Town Green Plaza” with an all weather synthetic turf surface, outdoor seating, sunshades and street parking; and WHEREAS staff is requesting $60,000 to survey the site, complete a geotechnical report, and engage engineers for site design, plus other incidental cost; and WHEREAS it is requested that $60,000 be added to the Tax Allocation District – Transfer from General Fund line item and a like amount to the Tax Allocation District – Special Recreational Facilities – Professional Services line item; and NOW THEREFORE, the City of Duluth 2021 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 66,983,893 Operations Expenditures: 22,389,888 Capital Improvement Expenditures: 44,594,005 Total Expenditures: 66,983,893 IT IS SO ORDAINED this day of , 2020.


_____________________________

Mayor Nancy Harris




Billy Jones, Post 3 ______________________________




______________________________ ______________________________ ______________________________

ATTEST:_________________________


1080 LF TOTALSTORED PIPE

PLAYGROUND

388'

PC-3X13NT-864

AT-25H2BT-72

AT-3492MT-144

5B92MR-864

119'1-10M

PC-3X13NT-864

5B92MR-864

1-10M

AT-25H2BT-72

AT-3492MT-144

2-ASW

ATT/45'

2-ASW

275'1-10M

PC-3X13NT-864

5B92MR-864

1-10M

AT-25H2BT-72

AT-3492MT-144

1-ASW

119'1-10M

PC-3X13NT-864

5B92MR-864

1-10M

AT-25H2BT-72

AT-3492MT-144

2-ASW

8' SEWER MANHOLE BASE SECTION

4' MANHOLE RISER SECTION

STACKED 54" DIP(60 LF EACH)

PROPOSED SEWER ALIGNMENT

40' PERMANENT EASEMENT

ROG

ERS BRIDGE RO

AD

80' TEMPORARY CONSTRUCTION EASEMENT

PAVILION

DRAINAGE DITCH

N

FIGURE NO.

0 40' 80'

NORTH CHATTAHOOCHEE INTERCEPTOR PIPE STORAGE 1

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STAGING AREA FOR CONSTRUCTION OF BRIDGE

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STAGING AREA FOR CONSTRUCTION OF BRIDGE

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STA 15+03.35 40.83' RT.

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STA 15+07.60 90.00'RT

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STA 17+75.00 14.54'RT.

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STA 17+65.00 100.00'RT

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PB

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49B

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2" HDPE CONDUIT

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(6) 4" HDPE CONDUIT

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2" HDPE CONDUIT

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FROM BRIDGE: 2" AND 4" CONDUIT, STACK AND BUNDLE CONDUIT PRIOR TO ECB

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2" HDPE CONDUIT

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ELECTRICAL SERVICE POINT

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CAMERA POLE

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PULL BOX

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SECURITY CAMERA

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2" HDPE CONDUIT

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PROVIDE KNOCK-OUTS FOR (6) FUTURE 4" CONDUIT CONNECTIONS. STACK TO MATCH OPPOSITE SIDE

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PULL BOX

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ELECTRICAL COMMUNICATION BOX (ECB). SEE DETAIL. RIM 3" ABOVE GRADE. GRADE TO DRAIN AROUND TOP OF BOX

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2" AND 4" PVC CONDUIT. SEE BRIDGE PLANS FOR LOCATION AND DETAILS

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(6) 4" PVC CONDUIT

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2" PVC CONDUIT

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2" PVC CONDUIT

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(6) 4" PVC CONDUIT

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2" PVC CONDUIT

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2" PVC CONDUIT

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(3) 2" HDPE CONDUITS WITH PULL BOX

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PROPOSED 20-FT. ALUMINUM CAMERA POLE #2 WITH CCTV EQUIPMENT. CONDUIT THROUGH POLE FOUNDATION.

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2" HDPE CONDUIT WITH PULL BOX

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(2) 2" HDPE CONDUITS

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(2) 2" HDPE CONDUITS AND PULL BOX FOR FUTURE USE

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EX. WATER MH TO BE REMOVED

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2" CONDUIT FOR AIR VALVES ATTACHED TO SLAB. MAINTAIN POSITIVE SLOPE

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PROPOSED (1) AIR VALVE WITHIN VENTED NEMA ENCLOSURE (SEE DETAIL). ATTACH TO PROPOSED WALLS AT BRIDGE.

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PROVIDE VALVE MARKER AND CONCRETE COLLAR

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TRANSITION FROM FIBERGLASS TO HDPE CONDUIT AFTER BRIDGE PER MANUFACTURER'S REQUIREMENTS

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2" STAINLESS STEEL CONDUIT FOR AIR VALVE ATTACHED TO OUTSIDE OF SLAB. MAINTAIN POSITIVE SLOPE FOR CONDUIT TO AIR VALVE

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NOTE: ROUTE 2" STAINLESS STEEL CONDUIT THROUGH GAP BETWEEN TRUSS AND EDGE BEAM AND THEN ATTACH TO OUTSIDE OF DECK. MAINTAIN POSITIVE SLOPE ON 2" CONDUIT TO AIR VALVES. IF POSSIBLE, BASED ON FINAL FABRICATION OF BRIDGE, ROUTE ALL CONDUIT TO UPSTREAM SIDE OF BRIDGE AND PLACE AIR VALVES IN A SINGLE ENCLOSURE

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NOTE: CONTRACTOR TO DESIGN AND INSTALL THRUST COLLARS AS REQUIRED ON EXISTING 30-INCH WATER LINE. SEE SPECIAL PROVISION 670

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PROPOSED 25-FT. ALUMINUM CAMERA POLE #1 WITH CCTV EQUIPMENT. 1" CONDUITS THROUGH POLE FOUNDATION. ELECTRICAL SERVICE THROUGH SEPARATE 1" CONDUIT ALSO WITHIN POLE FOUNDATION

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PROPOSED (2) AIR VALVES WITHIN VENTED NEMA ENCLOSURE (SEE DETAIL). ATTACH TO PROPOSED WALLS AT BRIDGE.

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