City Council Regular Meeting

CITY COUNCIL REGULAR MEETING MINUTES Monday, October 28, 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 Dr. Yvonne Scott-Miller 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 requested that Proclamation: Celebrate National Community Planning Month be added to the agenda. Motion to accept Agenda as amended by Chuck Warbington, City Manager 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 Recognitions 1. Dr. Taru Shah Mayor Still recognized Dr. Taru Shah (Absent) Gwinnett County's First Female Pediatrician, planning to retire and closing of her practice after 44 years of service for Gwinnett County. 2. IT Director - Kyle Parker for CGCIO Certification Program  Mayor Still introduced Kyle Parker - IT Director for his completion of Certified Government Chief Information Officer (CGCIO) Certification Program. Approval of Prior Meeting Minutes Motion to approve prior meeting minutes 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 3. August 26, 2024 - Special Call, Executive Session 4. September 16, 2024 - Regular Meeting, Executive Session Proclamations 5. Celebrate National Community Planning Month: Helen Balch, Maria Serban, Paul Lorenc Mayor Still recognized and presented a proclamation on behalf of the City of Lawrenceville to the Planning and Development Department. 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 accept Consent Agenda items as read into record by Lee Thompson, City Attorney 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 6. Purchase of Itron Electric Meters 7. Right-of-Way Maintenance Services on an Annual Contract 8. Engineering and Project Management Services 9. Purchase of Natural Gas Materials on a Six-Month Contract 10. Leak Survey Services 11. Actual Cost Agreement for the Reimbursement of the Relocation of the Natural Gas Regulator Station at 650 Hi-Hope Road  12. Memorandum of Understanding (MOU) with Aurora Theatre for the Downtown Facilities and Grounds Supervisor Council Business Old Business There is no public comment during this section of the agenda unless formally requested by the Mayor and the Council. 13. Request for approval to amend Chapter 24 of the code of ordinances to update provisions related to Nuisances Michael Fischer – Assistant City Manager - Operations presented this item and answered questions from Council. Motion to approve Amend Ordinance, Chapter 24 of the Code of Ordinances of the City of Lawrenceville, Georgia related to Nuisances to update various provisions and for other purposes as presented 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 14. Purchase Agreement to sale Abandoned Right of Way for University Center Lane to the Board of Regents Chuck Warbington, City Manager, presented this item and answered questions from Council. Motion to approve the Purchase Agreement to sale Abandoned Right of Way for University Center Lane to the Board of Regents for $105,000, Authorization for Mayor or City Manager to execute any needed documents, which are subject to approval by the City Attorney 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 Council Business New Business There is no public comment during this section of the agenda unless formally requested by the Mayor and the Council. 15. Employee Health Insurance Approval Michael Fischer, Assistant City Manager - Operations presented this item and answered questions from Council. Motion to approve Employee Health Insurance plan described in summary as presented, to start January 01, 2025 and give the City Manager or designee the authority to approve 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  16. Honest Alley Activation Study Helen Balch, Deputy Director of Planning and Development presented this presentation with an update on Honest Alley Activation Study and answered questions from Council. 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 Minutes Signatures ________________________ David R. Still, Mayor ________________________ Karen Pierce, City Clerk  ORDINANCE ORD-2024-15 ORDINANCE TO AMEND CHAPTER 24 OF TH E CODE OF THE CITY OF LAWRENCEVILLE, GEORGIA RELATED TO NUISANCES TO UPDATE VARIOUS PROVISIONS AND FOR OTHER PURPOSES The City Council of the City of Lawrenceville, Georgia hereby ordains that the Code of the City of Lawrenceville, Georgia shall be amended as follows: Section 1: That Sec. 24-1., related to Definitions, is hereby amended by deleting the definition of the term Nuisance and replacing the language to read as follows: Sec. 24-1. Definitions. Nuisance means anything which causes hurt, inconvenience, or damage to another, provided that the hurt, inconvenience, or damage complained of shall not be fanciful or such as would affect only one of fastidious taste, but it shall be as would affect an ordinary, reasonable person; and the fact that the act done may other wise be lawful shall not keep it from being a nuisance. Section 2: That the introductory paragraph of Sec. 24-2., related to Proceedings to abate generally, is hereby amended by deleting said introductory paragraph in its entirety and replacing the language to read as follows: Sec. 24-2. Proceedings to abate generally. Any nuisance existing within the corporate limits of the City, except for a nuisance hereinafter excepted, shall be abated in the manner set forth in this chapter. Section 3: That subsection (2) of Sec. 24-2., related to Proceedings to abate generally, is hereby amended by deleting subsection (2) in its entirety and replacing the language to read as follows: Sec. 24-2. Proceedings to abate generally. (2) Notice of complaint and hearing. a. Upon the filing of a comp laint as provided in this section, the Municipal Court shall issue a notice directed to the owner of the premises upon which the nuisance complained of is located and, if the person maintaining the same is a different person from the owner, then also to the person maintaining the nuisance, calling on such person to show cause, either personally or by attorney, at the time and place directed by the Municipal Court, why such activity alleged to be a nuisance should not be ordered abated and removed by the City. Such notice (including a copy of the Page 1 of 4  complaint) shall be served at least fourteen (14) days prior to the date set for the hearing by any police officer of the City by posting a copy on the property within three (3) business days of filing the comp laint and at least fourteen (14) days prior to the date of the hearing. b. A copy of such notice shall be mailed by certified mail, return receipt requested, or statutory overnight delivery to all interested parties whose identities and addresses are reasonably ascertain able. c. A copy of such notice shall also be mailed to the property address to the attention of the occupants of the property. d. For interested parties whose mailing address is unknown, a notice stating the date, time and place of the hearing shall be published in the newspaper in w hich sheriff's advertisements appear once a week for two consecutive weeks prior to the hearing. e. A notice of lis pendens shall be filed in the office of the clerk of supe rior court at the time of filing the complaint. f. Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided for in this section on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings. Section 4: That the heading of Sec. 24-5., related to Duties of the Director of Planning, Zoning and Inspections, is hereby amended by deleting t he heading of Sec. 24-5. and replacing the language to read as follows: Sec. 24-5. Duties of Director of Planning and Development. Section 5: That subsection (a) of Sec. 24-5., related to Duties of Director of Planning and Development, is hereby amended by deleting subsection {a) in its entirety and replacing the language to read as follows: Sec. 24-5. Duties of Director of Planning and Development. (a) Pursuant to the authority of O.C.G.A. § 41-2-9, the City Council does hereby designate the Director of Planning and Development as the public officer with the authority to enforce the provisions of section 24-4. The Director of Planning and Development may determine, under existing ordinances, that dwellings, buildings or structures are unfit for human habitation or are unfit for its current commercial, industrial, or business use if he finds that conditions exist in such buildings, dwellings, or structures w hich are dangerous or injurious to the health, safety or morals of the occupa nts of such dwellings, buildings or structures; of the occupants Page 2 of 4  of neighborhood dwellings, buildings, or structures; or of other residences of the City. Such conditions may include the following, without limiting the generality of the foregoing: (1) Defects therein increasing the hazards of fire, accidents, or other calamities; (2) Lack of adequate ventilation, light, or sanitary facilities; (3) Dilapidation; (4) Disrepair; (5) Structural defects; and (6) Uncleanliness. Section 6: That subsection (c) of Sec. 24-5., related to Duties of Director of Planning and Development, is hereby amended by deleting subsection (c) in its entirety and replacing the language to read as follows: Sec. 24-5. Duties of Director of Planning and Development. (c) Within the cont ext of this chapter, the public officia l shall utilize the existing codes of the City to the standard for satisfaction of the provisions of this chapter, including, but not limited to, the electrical codes, building codes, and fire codes previously adopted by the City Council. Section 7: That the heading of Sec. 24-6., related to Powers of Director of Planning, Zoning and Inspections, is hereby amended by deleting the heading of Sec. 24-6. and replacing the language to read as follows: Sec. 24-6 . Powers of Director of Planning and Development . Section 8: That the introductory paragraph of Sec. 24-6., related to Powers of Director of Planning and Development, is hereby amended by deleting the introductory paragraph in its entirety and replacing the language to read as follows: Sec. 24-6. Powers of Director of Planning and Development. The Director of Planning and Development is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter and O.C.G.A. §§ 41-2-7, et seq., in addition to others: Section 9: That subsection (1) of Sec 24-6., related to Powers of Director of Planning and Development, is hereby amended by deleting subsection (1) in its entirety and replacing the language to read as follows: Page 3 of 4 Sec. 24-6. Powers of Director of Planning and Development. (1) To investigate the dwelling conditions in the City in order to determine w hich dwellings, buildings, or structures therein are infit for human habitation or are unfit for current commercial, industrial or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes; Section 10: Except as specifically amended as set forth above, all other section, subsections, sub- subsection, paragraphs, etc. of Chapter 24 shall remain in full force and affect. Section 11: All ordinances, regulations, or parts of the same in conflict with this Ordinance are herby rescinded to the extent of said conflict and only to the extent of said conflict. Section 12: If any section, article, paragraph, sentence, clause, phrase, or word in th is ordinance, or application thereof to any person or circumstance is help invalid or unconstitutional by a Court of compet ent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 13: This ordinance shall become effective upon its adoption by the City Council. IT IS SO ORDAINED this~ day of October 2024. David R. Still, Mayor Attest: ddQ1a-03ffl Karen Pierce, City Clerk Page 4 of 4  PART II - CODE Chapter 24 NUISANCES Chapter 24 NUISANCES1 Sec. 24-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Nuisance means anything which causes hurt, inconvenience, or damage to another, provided that the hurt, inconvenience, or damage complained of shall not be fanciful or such as would affect only one of fastidious taste, but it shall be as would affect an ordinary, reasonable person; and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. Nuisance per se means an act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings. Private nuisance means a nuisance limited in its injurious effects to one or a few individuals. Public nuisance means a nuisance which damages all persons who come w ithin the sphere of its operation, though it may vary in its effects on individuals. (Code 2005, § 33-101) Sec. 24-2. Proceedings to abate generally. Any nuisance existing within the corporate limits of the City, except for a nuisance hereinafter excepted shall be abated in the manner set forth in this chapter. (1) Initiation. Proceedings to abate a nuisance, whether public or private, shall be initiated by the filing of a complaint with the Municipal Court, which complaint shall state the nature and location of the nu isance and the name and address of the complainant. In the case of a private nuisance, the complaint shall be filed by the person injured by the nuisance; in t he case of a public nuisance, the complaint shall be filed on behalf of the public by a City Official or by a citizen specially injured by the nuisance. (2) Notice of complaint and hearing. a. Upon the filing of a complaint as provided in this section, the Municipal Court shall issue a notice directed to the owner of the premises upon which the nuisance complained of is located and, if the person maintaining the same is a different person from the owner, then also to the person maint aining the nuisance, calling on such person to show cause, either personally or by attorney, at the time and place directed by the Municipal Court, why such activity alleged to be a nuisance should not be ordered abated and removed by the City. Such notice (including a copy of the complaint) shall be served at least fourteen (14) days prior to the date set for the hearing by any police officer of the City by posting a copy on the property withing three (3) business days of filing the complaint and at least fourteen (14) days prior to the date of the hearing. 1 State law reference(s)-Abatement of nuisances generally, O.C.G.A. § 41-2-1 et seq.; local ordinances relating to unfit structures, O.C.G.A. § 41-2-9. Lawrenceville, Georgia, Code of Ordinances c r eated: 2022-es-es 15:02:06 [EST] (Supp. No. 9) Page 1 of 3  b. A copy of such notice shall be mailed by certified mail, return receipt requested, or statutory overnight delivery to all interested parties whose identities and addresses are reasonably ascertainable. c. A copy of such notice shall also be mailed to the property address to the attention of the occupants of the property. d. For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which sheriff's advertisements appear once a week for two consecutive weeks prior to the hearing. e. A notice of lis pendens shall be filed in the office of the clerk of superior court at the time of filing the complaint. f. Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided for in this section on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings. (3) Order of abatement. If, after hearing all the evidence, the Municipal Court should decide that the activity complained of is a nuisance, the Judge shall issue an order commanding that the nuisance be abated. A copy of such order of abatement shall be served on the party maintaining the nuisance. (4) Effect of noncompliance. In the event of a refusal to comply with the order of abatement issued by the Municipal Court, the person maintaining the nuisance shall be subject to arrest for violation of state law. (Code 2005, § 33-102) Sec. 24-3. Summary abatement. Nothing contained in section 24-2 shall prevent the Municipal Court from summarily and without notice ordering the abatement of or abating any nuisance per se in the law or where the case is an urgent one and the health and safety of the public or a portion thereof is in imminent danger. (Code 2005, § 33-103) Sec. 24-4. Findings regarding unsafe, unsanitary or abandoned buildings, dwellings or structures. Under the authority of O.C.G.A. § 41-2-9, the City specifically adopts by reference and incorporates in this section the provisions of O.C.G.A. §§ 41-2-7 through 41-2-17. These provisions are adopted as if specifically set forth in their entirety in this section. (Code 2005, § 33-104) Sec. 24-5. Duties of Director of Planning and Development. (a) Pursuant to the authority of O.C.G.A. § 41-2-9, the City Council does hereby designate the Director of Planning and Development as the public officer with the authority to enforce the provisions of section 24-4. The Director of Planning and Development may determine, under existing ordinances, that dwellings, buildings, or structures are unfit for human habitation or are unfit for its current commercial, industrial, or business use if he finds that conditions exist in such buildings, dwellings, or structures which are dangerous Created : 2022 -0S-0S lS:02:06 ( EST) (Supp. No. 9) Page 2 of 3  or injurious to the health, safety. or morals of the occupants of such dwellings, buildings, or structures; of the occupants of neighborhood dwellings, buildings, or structures; or of other residences of the City. Such conditions may include the following, without limiting the generality of the foregoing: (1) Defects therein increasing the hazards of fire, accidents, or other calamities; (2) Lack of adequate ventilation, light, or sanitary facilities; (3) Dilapidation; (4) Disrepair; (5) Structural defects; and (6) Uncleanliness. (b) The public officer designated by this chapter may determine, under existing ordinances, that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed. (c) Within the context of this chapter, the public official shall utilize the existing codes of the City to the standard for satisfaction of the provisions of this chapter, including, but not limited to, the electrical codes, building codes, and fire codes previously adopted by the City Council. (Code 2005, § 33-105) Sec. 24-6 . Powers of Director of Planning and Development. The Director of Planning and Development is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter and O.C.G.A. §§ 41-2-7, et seq., in addition to others: (1) To investigate the dwelling conditions in the City in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes; (2) To administer oaths and affirmations, to examine witnesses, and to receive evidence; (3) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; (4) To appoint and affix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this chapter; and (5) To delegate any of his functions and powers under this chapter to such officers and agents as he may designate. (Code 2005, § 33-106) Created: 2022·05·05 15 :0 2: 06 [ EST ) (Supp. No. 9) Page 3 of 3