City Council Regular Meeting

CITY COUNCIL REGULAR MEETING MINUTES Wednesday, December 14, 2022 Council Assembly Room 7:00 PM 70 S. Clayton St, GA 30046 Call to Order PRESENT Mayor David Still Mayor Pro Tem Glenn Martin Council Member Victoria Jones Council Member Austin Thompson Council Member Marlene Taylor-Crawford Prayer Mayor Pro Tem Glenn Martin introduced Devante Hudson who provided the invocation. Pledge of Allegiance Mayor David Still led the group in the Pledge of Allegiance. Agenda Additions / Deletions Motion to approve the agenda as presented made by Council Member Jones, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford Swearing In 1. Swearing in of new Police Chief Mayor Still conducted the swearing in of the new Police Chief John Mullin. Chief Mullin addressed the crowd and thanked everyone for their support. Recognition 2. Police Department City Manager Chuck Warbington thanked the Police Department for their support over the last 10 months. He then called Major Myron Walker to come forward and thanked him for stepping up as acting Chief during these last 10 months. He presented Major Walker with a small thank you gift from the City. Approval of Prior Meeting Minutes Motion to approve the minutes as amended by Council made by Mayor Pro Tem Martin, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford 3. October 24, 2022 Regular Meeting 4. November 16, 2022 Work Session and Executive Session 5. November 16, 2022 Regular Meeting and Executive Session Proclamations 6. Rotary Club of Lawrenceville Mayor Still read and presented the Rotary Club with a proclamation. Announcements Mayor Still recognized each Council Member who individually made announcements about events and recognitions throughout the community. He then read from the slides for upcoming City events. Public Comment To participate in the Public Comment part of the Agenda, you must register with the City Clerk prior to the beginning of the meeting. Presentations will be limited to 2 minutes per person and Council will not respond to the comment. No one signed up for public comment. Consent Agenda These are items on which the Mayor and Council are in agreement to approve and are placed on the agenda to be approved in one vote. City Attorney Lee Thompson read the consent agenda into record. Motion to approve Consent agenda by Council Member Jones, Seconded by Council Member Taylor- Crawford. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford 7. Tree City Ordinance to be Considered a Tree City USA 8. Architectural and Engineering Consulting Services on an Annual Contract 9. Purchase and Installation of a Security Camera System 10. Renewal of Managed Firewall and Network Engineering Services Agreement with Cira Infotech, Inc. 11. Approval of a New Street Racing and Reckless Driving Exhibitions Ordinance Public Hearing New Business Discussion will be limited to 7 minutes per side including rebuttal. Discussions on Zoning issues will be limited to 10 minutes per side including rebuttal. Questions and answers from Council Members will not infringe on the time limit. 12. SUP2022-00076 & SUP2022-00077; RV & JV Properties and Jesus Villalobos; 108 McConnell Drive Planning and Development Director Todd Hargrave presented this item. The applicants were present to provide information and answer questions from Council. The Mayor opened the public hearing and seeing and hearing no one come forward the public hearing was closed. Motion to deny SUP2022-00076 & SUP2022-00077 made by Mayor Still, Seconded by Mayor Pro Tem Martin. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford 13. Update on the 2045 Comprehensive and Transportation Master Plan Assistant Planning and Development Director Helen Balch introduced the consultant with Pond and Company who provided the presentation and answered questions from Council. The Mayor opened the public hearing and Ms. Smith came forward to speak about her neighborhood on Honeysuckle Avenue. Hearing and seeing no additional come forward the public hearing was closed. There was no action needed on this item at this time. Council Business New Business There is no public comment during this section of the agenda unless formally requested by the Mayor and the Council. 14. Agreement with Gwinnett County Habitat for Humanity, Inc City Manager Chuck Warbington presented this item.  Motion to approve made by Mayor Pro Tem Martin, Seconded by Council Member Jones. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford 15. Elect a Mayor Pro Tempore for 2023 Mayor Still presented the item and noted that the Mayor Pro Tem is a rotating position. Motion to appoint Council Member Thompson as Mayor Pro Tem for 2023 made by Mayor Pro Tem Martin, Seconded by Council Member Jones. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford 16. Approval of Board Appointments for 2023 Mayor Still read the names of the boards, legal council and the municipal court judges that are being appointed for 2023. Motion to approve as presented in the packet made by Council Member Jones, Seconded by Council Member Taylor-Crawford. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford 17. Amendment to the Real Estate Agreement between the City of Lawrenceville and Dave Davis for property at 415 and 436 Huff Street City Manager Chuck Warbington presented this item and updated the contract wording from what was in the packet. Motion to approve with the changes as noted by the City Manager made by Mayor Still, Seconded by Mayor Pro Tem Martin. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford Executive Session – Personnel, Litigation, Real Estate Motion to enter executive session made by Council Member Thompson, Seconded by Council Member Jones. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford Motion to adjourn executive session made by Council Member Thompson Seconded by Council Member Taylor-Crawford. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford. Report of items discussed in Executive Session: 1 Personnel No votes taken Final Adjournment Motion to adjourn made by Mayor Pro Tem Martin, Seconded by Council Member Jones. Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson, Council Member Taylor-Crawford Minutes Signatures ________________________ David R. Still, Mayor ________________________ Karen Pierce, City Clerk  ORDINANCE ORD-2022-11 AN ORDINANCE ESTABLISHING THE REGULATION OF THE PLANTING, REMOVAL AND MANAGEMENT OF SHADE AND ORNAMENTAL TREES ON PUBLIC PROPERTY AND RIGHTS OF WAYS IN THE CITY OF LAWRENCEVILLE, GEORGIA TO BE INCLUDED AS ARTICLE VIII INTO CHAPTER 32 (STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTIES) OF THE CODE OF THE CITY OF LAWRENCEVILLE, GEORGIA The purpose of this ordinance is to provide for the protection, management, removal, and replacement of trees on public property and public rights of way within the City of Lawrenceville, Georgia. The City Council herein delegates the authority and responsibility for managing public trees, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions. WHEREAS, the health, safety and general welfare of the public and the conservation and protection of the natural resources of the City of Lawrenceville, Georgia and their values necessitate the implementation of regulations to guide the planting, maintenance and removal of shade and ornamental trees on public property and rights of way within the City, and WHEREAS, high growth areas, where natural green spaces are diminishing, have left fewer trees to transform into oxygen the carbon dioxide of ever increasing, harmful vehicular and industrial emissions, resulting in severe air quality degradation, and WHEREAS, the removal of forest canopy from urban areas of the state and its replacement with more intensive land uses exacts real costs upon the infrastructure which must be borne by all citizens of the community, and WHEREAS, community forests function to the benefit of the local citizenry as a part of the public infrastructure as much as streets, utilities, stormwater management structures, and sewers and integrated forest canopies reduce the costs of maintenance of other co- located parts of the urban infrastructure, and WHEREAS, well-managed urban forest resources increase in value and provide benefits to all the citizens of the community with respect to air quality, water quality, stormwater management, temperature amelioration, community aesthetics and general quality of life and, healthy community forests increase local commercial and residential property values, and WHEREAS, these benefits are crucial to the long-term health, benefit, welfare, and safety of the citizens of the community, and WHEREAS, the City of Lawrenceville's Development Regulations and this tree protection law are parts of a dedicated and integrated planning process dealing with land use, impacts of impervious surface, urban hydrology and water quality, air quality, soil erosion, transportation, noise abatement, and wildlife habitat, and Page 1 of 5  WHEREAS, the City Council of the City of Lawrenceville, Georgia finds that it is in the best interest of the public to provide standards and requirements for the conservation, protection, and replacement of trees on public property for the purpose of making the City a more attractive and health ier living environment. NOW, THEREFORE, be it ordained that the City Council of the City of Lawrenceville, Georgia establishes Article VIII (Regulation of the Planting, Removal and Management of Shade and Ornamental Trees on Public Property and Rights of Way) of Chapter 32 (Streets, Sidewalks and other Public Properties) as follows: ARTICLE VIII.- REGULATION OF PLANTING, REMOVAL AND MANAGEMENT OF SHADE AND ORNAMENTAL TREES ON PUBLIC PROPERTY AND RIGHTS OF WAY Sec. 8- 1. Definitions As used in this Article, the following words and phrases shall have the meanings indicated : Damage: any injury to or destruction of a tree, including but not limited to : uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision. Nuisance : any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare . Administrator: The Public Works Director or designee who is responsible for the administration of the provisions of this ordinance . Street Trees: Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or rights- of-way within the City or lying within all rights of ways of all streets, avenues, or ways within the City. Topping: Topping is defined as the severe cutting back of tree limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree . Park and Public Trees and Landscape: Park and Public trees are herein defined as trees, shrubs, bushes, and all other vegetation in public parks and on public property at public facilities, and all area owned by the City, or to wh ich the public has free access. Sec. 8- 2. Public Tree Protection and Care Page 2 of 5 A. Except as hereinafter provided, no person except a public utility shall cut, prune, injure or remove any living tree on or in a public highway, right-of-way, neutral ground, public park, public place, triangle, sidewalk, or other public property; or cut or disturb or interfere in any way with the roots of any tree on public property; or spray with any chemical insecticide or herbicide or other oils or whitewash any tree on public property; or place any wire, rope, sign, poster, barricade, or other fixture on a tree or tree guard on public property; or injure, misuse or remove any device placed to protect any such tree; Sec. 8-3. Notification and Penalties A. Any person who shall injure, damage, or destroy any public tree situated upon the public right-of-way of any street, alley, sidewalk, park or other public property within the City shall promptly notify Public Works of such fact and shall, within such reasonable time as specified by Public Works, repair or replace the same to the satisfaction of the Department. B. Should the person fail or refuse to repair or replace the damaged or destroyed trees or plants within such reasonable time, Public Works shall do or cause to be done the necessary repairing or replacement, and the costs of this work shall be recovered from the person responsible for the damage or destruction by, a proper action of law. In any such action, "The Guide for Establishing Values of Trees and Other Plants," published by the Council of Trees and Landscape Appraisers, current edition, shall form the basis for establishing any monetary damages due for damage or destruction to the tree . In addition, the City may recover for any other damages or losses to which it is entitled by law. Sec. 8-4. Penalties for Violations Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $1000.00 plus restitution for damages to public trees and property. Sec. 8-5. City Requirements A. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way of all streets, parks, squares, and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. B. All tree work taking place on public property being conducted by contractors, sub- contractors, or City employees shall conform to International Society of Arboriculture and ANSI 300 and Z-133 arboricultural standards for tree work. C. It shall be unlawful as a normal practice for any person , firm , or government entity/department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other Page 3 of 5 obstructions where other pruning practices are impractical may be exempted from th is provision of this ordinance by written consent of the Administrator allowing such actions. D. It shall be unlawful for any entity, utility, citizen, or tree care company or government to trench, cut, grade, clear, or fill within the critical root zone of any public tree without the expressed written consent of the Administrator. Sec. 8-6. Authority and Power A. Delegation of authority and responsibility. The Director of Public Works and/or their designee, hereinafter referred to as the " Director", shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease. B. Coordination among city departments. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Ordinance as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Director. Sec. 8-7. Private Landowner Responsibilities and Rights A. Every owner of any tree overhanging any street or right of way within the City shall prune the branches so that such branches shall not substantially obstruct the view of any street intersection and so that there shall be a clear space ofthirteen (13) feet above street surface or eight (8) feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with visibility of any traffic control device or sign or line of sight. Any tree or shrub or part thereof located in, overhanging, or interfering with the use of any highway or street in the City that, in the opinion of the Director of Public Works, violates the provisions of this Article or endangers the life, health, safety or property of the public shall be declared a public nuisance. The owner shall be notified of the existence of a nuisance and given a reasonable time for its correction or removal. If not corrected or removed within the time allotted, the Director of Public Works shall cause the nuisance to be corrected or removed and the cost shall be assessed against the owner or occupant and collected as provided by law. B. Duty To Maintain Street Trees Planted. Maintenance of a street tree shall be the responsibility of the owner of the property adjacent to the tree location. Sec.8-8. Emergency Action It may become necessary, from time to time for emergency crews to prune or remove trees to provide for public safety or restore phone, electrical, and/or water service. Such an action may Page 4 of 5  be conducted by government, emergency, or utility crews without permit so as to allow immediate action to prevent damage or correct a condition which may pose a hazard to life or property. Sec. 8-9. Indemnification Nothing contained in this ordinance shall be deemed to impose any liability upon the City, its elected officials, officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on his or her property or under his or her control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any public property or right of way or public place within the City. Sec. 8-10. Appeals Appeals to decisions by the Director, or to penalties imposed after violations of this ordinance, shall be heard by City Council. Sec. 8-11. Severability Should any part or provision of this ordinance be declared by a court of the competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than part held to be invalid. IT IS SO ORDAINED this 14th day of December, 2022. ~~-M David R. Still, Mayor ATTEST: ~ J. a a <:::;;>l,QSc o ~ Pierce, City Clerk Page 5 of 5 ORDINANCE NO: ZON-ORD-2022-24 CASE NO: SUP2022-00076 MAYOR AND COUNCIL CITY OF LAWRENCEVILLE, GEORGIA ORDINANCE READING AND ADOPTION: At the regular meeting of the Mayor and Council of the City of Lawrenceville, held at City Hall, 70 S. Clayton Street, Lawrenceville, Georgia. PRESENT VOTE David R. Still, Mayor Yes Glenn Martin, Mayor Pro Tem Yes Victoria Jones, Council Member Yes Marlene Taylor-Crawford, Council Member Yes Austin Thompson, Council Member Yes On motion to DENY the requested Special Use Permit by Mayor Still, seconded by Mayor Pro Tem Martin, which carried 5-0, the following ordinance was ADOPTED: AN ORDINANCE TO DENY A SPECIAL USE PERMIT WHEREAS, the Planning Commission of the City of Lawrenceville has held a duly advertised public hearing and has filed a formal recommendation with the Mayor and Council of the City of Lawrenceville upon an Application for a Special Use Permit from Jesus Villalobos for the proposed use of Automobile Sales (Outdoor Sales) on a tract of land described by the attached legal description, which is incorporated herein and made a part hereof by reference; and WHEREAS, notice to the public regarding said Amendment to the Official ORDINANCE NO: ZON-ORD-2022-24 CASE NO: SUP2022-00076 Zoning Map has been duly published in THE GWINNETT DAILY POST, the Official News Organ of the City of Lawrenceville; and WHEREAS, a public hearing was held by the Mayor and Council of the City of Lawrenceville on December 14, 2022, and objections were not filed. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Lawrenceville this the 14th day of December 2022, that the aforesaid application for a Special Use Permit is hereby DENIED. David R. Still, Mayor Date Signed: ATTEST: Karen Pierce, City Clerk SUP2022-00076 RECEIVED 09-07-2022 PLANNING AND DEVELOPMENT ORDINANCE NO: ZON-ORD-2022-25 CASE NO: SUP2022-00077 MAYOR AND COUNCIL CITY OF LAWRENCEVILLE, GEORGIA ORDINANCE READING AND ADOPTION: At the regular meeting of the Mayor and Council of the City of Lawrenceville, held at City Hall, 70 S. Clayton Street, Lawrenceville, Georgia. PRESENT VOTE David R. Still, Mayor Yes Glenn Martin, Mayor Pro Tem Yes Victoria Jones, Council Member Yes Marlene Taylor-Crawford, Council Member Yes Austin Thompson, Council Member Yes On motion to DENY the requested Special Use Permit by Mayor Still, seconded by Mayor Pro Tem Martin, which carried 5-0, the following ordinance was ADOPTED: AN ORDINANCE TO DENY A SPECIAL USE PERMIT WHEREAS, the Planning Commission of the City of Lawrenceville has held a duly advertised public hearing and has filed a formal recommendation with the Mayor and Council of the City of Lawrenceville upon an Application for a Special Use Permit from Rosalia Villalobos for the proposed use of Outdoor Storage of Vehicles on a tract of land described by the attached legal description, which is incorporated herein and made a part hereof by reference; and WHEREAS, notice to the public regarding said Amendment to the Official ORDINANCE NO: ZON-ORD-2022-25 CASE NO: SUP2022-00077 Zoning Map has been duly published in THE GWINNETT DAILY POST, the Official News Organ of the City of Lawrenceville; and WHEREAS, a public hearing was held by the Mayor and Council of the City of Lawrenceville on December 14, 2022, and objections were not filed. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Lawrenceville this the 14th day of December 2022, that the aforesaid application for a Special Use Permit is hereby DENIED. David R. Still, Mayor Date Signed: ATTEST: Karen Pierce, City Clerk