City Council Regular Meeting

CITY COUNCIL REGULAR MEETING MINUTES Wednesday, June 26, 2024 Council Chambers 7:00 PM 70 S. Clayton St, GA 30046 Call to Order PRESENT Mayor David Still Council Member Bruce Johnson Council Member Victoria Jones Council Member Austin Thompson Mayor Pro-Tem Marlene Taylor-Crawford Prayer Reverend Teresa Welborn was present to provide the invocation. Pledge of Allegiance Mayor Still led the group in the Pledge of Allegiance. Agenda Additions / Deletions Chuck Warbington, City Manager tabled indefinitely, item #14 Amendment to ARTICLE 1 Districts, tabled indefinitely, item #15 Ordinance to Amend the Zoning Ordinance, ARTICLE 6; Architectural and Design Standards, tabled indefinitely, item #16 Ordinance to Amend the Zoning Ordinance, ARTICLE 10; Definitions, tabled indefinitely, item #17 Ordinance to Amend ARTICLE 11; Inactive Zoning Districts, of the Zoning Ordinance. Motion to accept agenda as presented made by Council Member Jones, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Recognitions 1. Police Department Explorers Unit Chief Mullins presented the Police Department Explorers Unit.  2. Rory Johnson Mayor Still recognized Rory Johnson for his dedication to the City of Lawrenceville and its boards. Approval of Prior Meeting Minutes Motion to approve minutes as presented made by Council Member Thompson, Seconded by Council Member Johnson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 3. May 22, 2024, Regular Meeting 4. June 05, 2024, Special Call and Work Session 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. Macy Moore read a poem for her 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. Lee Thompson, City Attorney read the consent agenda items into record. Motion to accept Consent Agenda as read into record by Lee Thompson, City Attorney made by Mayor Pro-Tem Taylor-Crawford, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 5. Purchase of Transformers 6. Microsoft Enterprise Agreement Renewal (year 3) 7. On-Call Electrical Services on an Annual Contract Change Order 1 8. Approval of Worker’s Comp Insurance Excess Coverage 9. Amendment to Chapter 8 of the Code of Ordinances 10. Resolution to Amend the City’s 401(a) retirement plan to exclude grant funded positions 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. 11. RZC2024-00054; Stacy Patterson; 194 Gwinnett Drive Todd Hargrave, Director of Planning and Development presented this item and answered questions from Council. Mayor Still opened the Public Hearing hearing or seeing no one for or against, closed the Public Hearing. Motion to approve with conditions RZC-2024-00054; Stacy Patterson; 194 Gwinnett Drive rezone subject property from split BG/RM-12 to BG made by Council Member Jones, Seconded by Council Member Johnson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 12. SUP2024-00086; Juanita Wade; 3130 Sugarloaf Parkway Todd Hargrave, Director of Planning and Development presented this item and answered questions from Council. Mayor Still opened the Public Hearing hearing, or seeing no one for or against, closed the Public Hearing. Motion to approve with amended conditions SUP2024-00086; Juanita Wade; 3130 Sugarloaf Parkway for special event facility/banquet hall made by Council Member Jones, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 13. SUP2024-00089; W. Charles Ross Esq.; 381 Industrial Park Drive Mayor David Still read into record that in the Planning Commission Meeting where the applicant asked to request to withdrawal without prejudice. Mayor Still opened the Public Hearing hearing or seeing no one for or against, closed the Public Hearing. Motion to approve withdrawal without prejudice SUP2024-00089; W. Charles Ross Esq; 381 Industrial Park Drive for outdoor storage display of trailers made by Mayor Still, Seconded by Mayor Pro-Tem Taylor-Crawford. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 14. An Ordinance to Amend the Zoning Ordinance, ARTICLE 1; Districts Tabled indefinitely item #14 Amendment to ARTICLE 1; Districts. 15. An Ordinance to Amend the Zoning Ordinance, ARTICLE 6; Architectural and Design Standards Tabled indefinitely item #15 Amendment to ARTICLE 6; Architectural and Design Standards.  16. An Ordinance to Amend the Zoning Ordinance, ARTICLE 10; Definitions Tabled indefinitely item #16 Amendment to ARTICLE 10; Definitions. 17. An Ordinance to Amend Article 11, Inactive Zoning Districts, of the Zoning Ordinance Tabled indefinitely Ordinance to Amend Article 11, Inactive Zoning Districts, of the Zoning Ordinance. Council Business Old Business There is no public comment during this section of the agenda unless formally requested by the Mayor and the Council. 18. APPL2023-00008; United Rentals c/o Ben Baker; 255 Equipment Court Motion to deny appeal with conditions presented in decision – based on the information provided by council, the City Council finds that the business operated by United Rental does not meet the definition of Automobile Sales or Auction and Related Service (Used or New Car Outdoor Sales Lot) contained in the City of Lawrenceville Zoning Ordinance of 2020 because the equipment leased and rented by United Rental does not meet the definition of a vehicle. Even if the use meets that definition, a landscape strip is also required under that section for APPL2023-00008; United Rentals c/o Ben Baker; 255 Equipment Court made by Mayor Still, Seconded by Council Member Johnson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Motion Appeal No. 2023-00008 was filed by United Rentals on April 11, 2024, challenging a decision by the Board of Appeals granting a variance from the zoning requirement of a combination of fencing and landscaping for the property located at 255 Equipment Court, Lawrenceville, Georgia, Gwinnett Tax parcel R7012 116 (the Property). Based on the arguments presented to the City Council in the hearing on May 22, 2024, and the information contained in the record stipulated to by the parties at the hearing, I move that the City Council find as follows: Findings of Fact Section 200.3.55 of the City of Lawrenceville Zoning Ordinance of 2020 governs outdoor storage in industrial zoning classifications. Paragraph A. 1. prohibits outdoor storage directly adjacent to a residential property, and Paragraph A. 4 requires all items to be screened by a solid opaque fence at least six (6) feet in height, by landscaping, creating a complete visual buffer, or by a combination of fencing and landscaping. It also requires that no item shall be placed at a height exceeding that of the screening fence or landscaping materials. (A copy of the entire section 200.3.55 is attached hereto as Exhibit A). Article VIII of the Development Regulations of the City of Lawrenceville, Section 8.4 requires a landscape strip of a minimum of ten (10) feet in width to be located on private property adjacent to the right of way. (A copy of the entire section 8.4 is attached hereto as Exhibit B). The Property is zoned LM (Light Manufacturing) and is located adjacent to the right of way of University Parkway (Highway 316) and is adjacent to property zoned for multi-family residential use. The applicant contends that the use of the Property should be classified as an Auto Sales or Auction and Related Service (Used or New Car Outdoor Sales Lot) and that the provisions of Section 200.3. 8 and Section 200. 3. 79 should apply to its business. The applicant originally applied for a variance to “Remove the requirement for installation of under-story trees along GA-HWY 316 Right or (sic) Way” The Board of Appeals granted the variance to remove the requirement of opaque fencing six feet in height but conditioned the removal of the fencing requirement with the construction of a ten-foot landscaped strip with specific requirements for the landscape strip. The applicant appealed to the decision of the Board of Appeals to the City Council. Decision Based on the above information, the City Council finds that the business operated by United Rental does not meet the definition of Automobile Sales or Auction and Related Service (Used or New Car Outdoor Sales Lot) contained in the City of Lawrenceville Zoning Ordinance of 2020 because the equipment leased and rented by United Rental does not meet the definition of a vehicle. Even if the use meets that definition, a landscape strip is also required under that section. The City Council also finds that the Property is zoned LM and contains outdoor storage. The argument of United Rental that it may not have equipment over six feet in height or higher than any fence installed is an improper reading of the City of Lawrenceville Zoning Ordinance of 2020. The Ordinance simply requires visual screening of outdoor storage with a combination of fencing and/or landscaping. The Development Regulations also require a ten (10) foot landscape strip on private property along the right of way. The variance requested is granted only to the extent that the use of the property complies with the following conditions: 1. A ten (10) foot landscape strip adjacent to University Parkway (GA Hwy 316) must be installed and must be placed on top of a four (4) foot berm. The landscape strip shall be planted as follows: • Trees- Install ten (10) Quercus Virginia/Southern Live Oak measuring eight (8) inches in diameter at breast height (DBH) at time of planting. Tree spacing shall be fifty (50) linear feet between trees. • Shrubs- Install one hundred ninety-six (196) Ilex Cornuta “Burford II” Burford Holly measuring six (6) feet in height at time of planting. • Ground Cover – The remaining balance of the ten (10) foot landscape strip shall consist of Paspalum Notatum/ Bahia Sod. The applicant shall submit a landscape plan for review and approval of the Director of Planning and Development.  2. A buffer and landscape strip that meets the requirements of the City of Lawrenceville Development Regulations shall be placed between the Property and the multi-family residential property to the West. 3. All equipment stored outside shall be stored in the height position that the equipment would be at to be towed or loaded on a trailer for transportation on streets, roads, highways or interstates. The applicant shall comply with the conditions contained in this decision within one hundred twenty (120) days of the date of this decision. 19. Amend Chapter 12 of the Code of Lawrenceville to update provisions related to Massage Therapy Regulatory Fee Michael Fischer, Assistant City Manager presented this item and answered questions from Council. Motion to approve Amendment to Chapter 12 for the Code of Lawrenceville to update provisions related to Massage Therapy Regulatory Fee from $2,000 to $300 made by Council Member Jones, Seconded by Mayor Pro-Tem Taylor-Crawford. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 20. Amendment to Chapter 20 of the Code of Ordinances Barry Mock, Assistant City Manager presented this item for discussion and answered questions from Council. Motion to approve the Amendment to Chapter 20 of the Code of Ordinances made by Council Member Jones, Seconded by Mayor Pro-Tem Taylor Crawford. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Council Business New Business There is no public comment during this section of the agenda unless formally requested by the Mayor and the Council. 21. Resolution to Adopt Fiscal Year 2025 Budget Shereese Durham, Budget Officer presented this item and answered questions from Council. Motion to approve the Fiscal Year 2025 Budget Resolution to set revenue and expenditure priorities made by Mayor Still, Seconded by Council Member Johnson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford  22. 378 Reynolds Road property acquisition Barry Mock, Assistant City Manager presented this item and answered questions from Council. Motion to approve the purchase and sale agreement for 378 Reynolds Road in the amount of $425,000.00 made by Council Member Johnson, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 23. Easement agreement with SPE Investments Group Barry Mock, Assistant City Manager presented this item and answered questions from Council. Motion to approve the access and drainage Easement agreement with SPE Investments Group made by Council Member Jones, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 24. Resolution to Approve Acceptance of a Roadside Enhancement and Beautification Council Grant for Construction of Landscaping at SR316 and Collins Hill Road Eranildo Lustosa, City Engineer II presented this item and answered questions from Council. Motion to approve the Resolution to accept the Roadside Enhancement and Beautification Council Grant in the amount of $50,000 for Construction of Landscaping at SR316 and Collins Hill Road made by Mayor Pro-Tem Taylor-Crawford, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford 25. Purchase of two side arm garbage trucks on State Contract and one “Scout” truck and approval of Budget Amendment Michael Rudnick, Fleet Director presented this item and answered questions from Council. Motion to approve the purchase of two side arm refuse trucks on state contract and one scout truck on a Sourcewell quote for a total amount not to exceed $727,688.00 and approval of Budget Amendment 540-6-26 made by Council Member Johnson, Seconded by Council Member Thompson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Executive Session – Personnel, Litigation, Real Estate Motion to move into Executive Session made by Council Member Thompson, Seconded by Mayor Pro-Tem Taylor-Crawford. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Motion to adjourn Executive Session made by Council Member Thompson, Seconded by Council Member Jones. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Report of items discussed in Executive Session 2 Real Estate 1 Litigation 0 Votes Taken Public Vote Out of Executive Session IGA – McGee Tract – motion to approve IGA with the LDA to transfer the McGee Tract to the LDA by Mayor David Still, seconded by Council Member Jones. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford IGA – Reynolds Road Assemblage – motion to approve to assign the IGA Reynolds Road Assemblage with the LDA by Mayor David Still, seconded by Mayor Pro-Tem Taylor-Crawford. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Final Adjournment Motion to adjourn Regular Meeting made by Council Member Thompson, Seconded by Council Member Johnson. Voting Yea: Mayor Still, Council Member Johnson, Council Member Jones, Council Member Thompson, Mayor Pro-Tem Taylor-Crawford Minute Signatures ________________________ David R. Still, Mayor ________________________ Karen Pierce, City Clerk