Minutes of the M&C

October 12, 2015

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MINUTES OF THE

MAYOR AND COUNCIL

CITY OF DULUTH, GA

OCTOBER 12, 2015

PRESENT:Mayor Harris, Council members Dugan, Jones, Kelkenberg and Whitlock, City Manager, Department Directors, City Attorney

ABSENT:Councilmember Bomar

A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening’s agendaitems. No other items were discussed and no action was taken.

Mayor Harris called the meeting to order at 6:25 p.m.and called for a motion to enter into an executive session to discuss pending/potential litigation, personnel and or real estate matters.

  1. EXECUTIVE SESSION

A motion was made by Council member Kelkenberg, seconded by Council member Dugan to adjourn into an Executive session.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

After the discussion, a motion was made by Councilmember Dugan, seconded by Councilmember Whitlock to adjourn from executive session into regular session at 6:50 p.m.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

INVOCATION: Jonathan Rush – Life Church International

PLEDGE OF ALLEGIANCE:Lead by Mayor Harris

I.ANNOUNCEMENTS

  1. AGENDA CHANGES (IF NECESSARY)
  1. UPCOMING EVENTS

“Fridays N Duluth” - October 16, 2015: Food Truck Friday, Flicks on the Bricks & DFAL Art Walk featuring local artist ranging from acting, painting, sculpture and more. Band: Drive Thru Junkies

“Fridays N Duluth” - October 23, 2015: Food Truck Friday & STE(A)M is HOT! An event to excite the community about learning with 16 vendors offering free demonstrations and activities. Band: The Regulars

“Fridays N Duluth/ Howl on the Green” - October 30, 2015: Final Food Truck Friday & Howl on the Green – Annual Halloween event featuring live spooky entertainment, trick-or-treating, costume contest and Food Trucks. Band: DJ Rob & LED Live Entertainment.

II.CEREMONIAL MATTERS

  1. PROCLAMATION – INTERNATIONAL ALPHA DELTA KAPPA MONTH

Councilmember Kelkenberg, on behalf of the Mayor and Council, presented a proclamation for "International Alpha Delta Kappa Month" to members of the Alpha Delta Kappa for October 2015: Alpha Delta Kappa Sisters: Anita Cole, Pat Carpenter and Pat Brannon. Alpha Delta Kappa Sisters who were also teachers at Duluth area schools: Melissa Kinard, Lee Ayers, Delores Dalton, Mary Anne Meeks, Lori Zieker and Kitty Bowers (President).

  1. PROCLAMATION – RED RIBBON WEEK

Councilmember Dugan, on behalf of the Mayor and Council, presented a proclamation for"Red Ribbon Week" to Ben Ehly, a member of the Young Marines of the Marine Corps League, for October 23-31, 2015.

III.CONSENT AGENDA

  1. APPROVAL OF SEPTEMBER 14, 2015 MINUTES
  1. RESOLUTION FOR RECERTIFICATION – CITY OF ETHICS{A}

Approval of this item authorizes a resolution to continue the process of being a re-certified "City of Ethics" through the Georgia Municipal Association, which applies to elected officials, board members, and employees of the City. Some of the requirements are as follows: "to serve others, not ourselves, use resources with efficiency and economy, treat all people fairly, use power of positions for wellbeing of constituents, and create an environment of honesty, openness, and integrity."

  1. ACCEPTANCE OF DONATION -$60,000 – FALL FESTIVAL

Approval of this item authorizes the acceptance of a donation from the Duluth Fall Festival in the amount of $60,000 for the purchase and installment of signs at the Red Clay Theatre.

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

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

IV.NEW BUSINESS

  1. BID AWARD - RED CLAY THEATRE SIGNAGE{B}

Economic Development Manager Chris McGahee came forward and explained that in August 2015, Duluth issued a public Request for Proposal (RFP) for the installation of signs at the Red Clay Theatre (3116 Main Street). The project description sought sign contractors to provide, furnish, and install all materials, labor and equipment necessary for the construction and installation of requested signage.

Staff received five proposals for the project. Selection of "best proposal" was determined by a combination of "Cost" (60%) and "Experience in like sign projects" (40%).

After reviewing the proposals against this criteria, staff recommends awarding the bid to A-1 Signs Inc. The Duluth Fall Festival has pledged $60,000 for this project with the remaining balance of funds coming from the account used for Wayfinding Signage; a corresponding budget amendment will be presented to incorporate the donated funds.

Staff recommended awarding the bid in the amount of $77,473 with an additional 10% contingency for a total budget amount of $85,220 to A-1 Signs Inc.

A motion was made by Councilmember Dugan, seconded by Councilmember Jones, to approve, awarding a bid in the amount of $85,220and further authorize the Mayor or City Manager to execute a City Attorney approved contract with A-1 Signs for installation of the Red Clay signage.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

  1. BID AWARD – BUFORD HWY/SUGARLOAF PARKWAY LANDSCAPING PROJECT{C}

City Manager James Riker explained that in June of 2014, Duluth was awarded a Georgia Department of Transportation (GDOT) GATEway Grant for installation of landscaping at the intersection of Buford Highway and Sugarloaf Parkway. Accordingly, staff prepared a public Request for Proposal (RFP) for the landscape installation. Staff received only one response from Imagescapes Inc., in the amount of $ 29,650.00 for the project.

Staff recommends awarding the bid in the amount of $29,650 with an additional 10% contingency for a total amount of $32,615 to Imagescapes Inc. for City project CD-69

A motion was made by Councilmember Whitlock, seconded by Councilmember Dugan to approve, awarding a bid in the amount of $29,650 with an additional 10% contingency for a total of $32,615 to Imagescapes, Inc. and further authorize the Mayor or City Manager to execute the contract pending City Attorney approval.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

V.MATTERS FROM DEPT HEADS/CITY ATTORNEY

  1. ORDINANCE TO AMEND THE FY16 BUDGET – $322,650 – STORMWATER{D}

The Mayor and Council to considered an ordinance to amend the budget. At June 30, 2015 the Stormwater Utility Fund had prior year reserves of $515,150. However, due to the majority of this fund's revenue coming from a single annual billing, and the potential need for funding of emergency repairs, policy requires that a fund balance reserve be maintained equal to 25% of the annual billing or $192,500 in FY 2015, and that the remaining prior year reserves of $322,650 be added to the Stormwater Utility - Repairs and Maintenance - Drainage line item to support needed Stormwater repair projects.

City Manager James Riker noted that the City had completed nine successful stormwater projects and had nine more projects underway.

A motion was made by Councilmember Jones, seconded by Councilmember Kelkenberg, to approve the ordinance to amend the FY16 budget as presented.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

  1. ORDINANCE TO AMEND THE FY16 BUDGET – $773,391 - DDA/IGA{E}

Ken Sakmar, Finance Manager explained that the Mayor and Council are being requested to consider an ordinance to amend the budget. In May of 2015, the City of Duluth Downtown Development Authority (DDA) issued its Series 2015 Revenue Bond in the amount of $7,500,000 and entered into an Intergovernmental Agreement with the City to pledge its millage against the obligation. Ultimately the repayment of the bond will come from private redevelopment in the downtown, however, due to timing differences in the repayment stream and the bond obligation due dates, the City is being called upon to transfer $522,950 to the DDA to meet the December 1st and June 1st debt obligations. It is fully expected these funds will be repaid to the City from future DDA revenues.

In addition, the DDA has entered into a Development Agreement with Dreamland Bar-B-Que Restaurants of Atlanta to construct and operate a bar-b-que restaurant in the downtown with the DDA assisting in the financing of the restaurant's construction. The financing will come from two sources, revenue bond funds and DDA cash reserves. In order to provide the DDA with adequate reserves to support this financing, the City has agreed to loan the authority $250,000. The DDA is also requesting the City transfer an additional $441 to reimburse the DDA for Dreamland's share of bond attorney fees for the Series 2015 Revenue Bonds.

To summarize, the DDA is requesting a transfer from the City of $773,391. Consisting of $522,950 for bond obligations, $250,000 for loan financing and $441 for reimbursement of bond attorney fees.

A motion was made by Councilmember Dugan, seconded by Councilmember Kelkenberg, to approvethe ordinance to amend the FY16 budget as presented.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

  1. ORDINANCE TO AMEND THE FY16 BUDGET - $60,000 – ACCEPT FALL FESTIVAL DONATION{F}

The Mayor and Council considered an ordinance to amend the budget. Earlier the Mayor and Council accepted a donation in the amount of $60,000 from the Duluth Fall Festival for the purpose to purchase and install signs atthe Red Clay Theatre. A budget amendment is required to place the funds into the FY16 budget.

A motion was made by Councilmember Kelkenberg, seconded by Councilmember Jones, to approvethe ordinance to amend the FY16 budget as presented.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

VI.MATTERS FROM CITY MANAGER

  1. Kickoff meeting with the designer for the Buford Highway/Pleasant Hill Road intersection project
  2. Meeting with City of Avondale Estates
  3. IGA with Gwinnett County has been sent back to the County with some revisions
  4. GwMA Meeting on Tuesday
  5. Update on the Block project with completion by mid-March 2016

VII.EXECUTIVE SESSION

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

A motion was made by Councilmember Whitlock, seconded by Councilmember Jones, to adjourn to executive session at 7:25 p.m.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

After the discussion, a motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock, to adjourn from executive session into regular session at 8:25 p.m.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

VIII.ADJOURNMENT

After the discussion, a motion was made by Councilmember Dugan, seconded by Councilmember Whitlock, to adjourn at 8:25 p.m.

Those voting for:Council members Dugan, Jones, Kelkenberg and Whitlock

Motion carried.

Approved this ______day of ______, 2015.

______

Mayor Nancy Harris

ATTEST:

______

City Clerk Teresa S. Lynn

KM 10/13/15

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