CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GEORGIA 30096

PUBLIC HEARING/COUNCIL MEETING

FULL MINUTES FOR March 21st, 2002

Those in attendance for the Public Hearing and Council Meeting were as follows:

Mayor – Lois Salter

Council Members: Tony Arakawa, Frank Lombardi, Ken Massaroni, Delicia Reynolds, David Steventon

Richard Carothers - City Attorney

Claire Grimes – City Clerk

John Rockers – City Manager/Treasurer

Citizens Present 6

CALL TO ORDER

Mayor Salter called the meeting to order at 6:10 PM at 4043 South Berkeley Lake Road.

PUBLIC HEARING

The Public Hearing was for Ordinance Chapter 39, Sections 103, 503, 1407, and 809. There were no Citizens' Comments.

GUEST SPEAKER

Craig Hallerman who represents EchoStar presented an outline of benefits for citizens who may be interested in replacing their existing cable service with the Dish Network system. Mr. Hallerman, along with other representatives from the Dish Network, will be stationed at the Chapel during the City's Earth Day celebration on April 20th in order to demonstrate this system to any interested citizen.

WORKING SESSION

Topics discussed during the Council working session were as follows: Failing septic systems, grant applications and SPLOST funds, and the City parking lot.

CITIZENS' COMMENTS

There were no other Citizens' Comments

MINUTES

Council Member Arakawa moved to approve the February 2002 Minutes. Council Member Reynolds seconded the motion.

Following are the corrections made by Council to the February 2002 Minutes: Thomas Mitchell represented Richard Carothers as the City Attorney at the February meeting. There were 10 Citizens Present. Delete the word "renters" on page 2 under Cynthia Colgan. Replace the word "the" with the word "Council" in the last sentence of the first paragraph on page 3. Strike the letter "E" from GRETA in the fourth paragraph on page 4. Under Chapter 39-503 second paragraph on page 5 change the word "state" to the word "read". In the last Motion on page 7, change "meetings at Berkeley Lake" to "meetings at Berkeley Walk". Strike the last sentence on page 7.

Council Member Arakawa motioned to approve the February 2002 Minutes as amended. Council Member Massaroni seconded the motion and approval was unanimous.

FINANCIAL REPORT

Council Member Arakawa moved to accept the Financial Report as filed. Council Member Reynolds seconded the motion and approval was unanimous.

STAFF AND COMMITTEE REPORTS

Mayor Salter announced that she has received the following reports: BLEMA, Arbitration Board, Finance Affairs, Stormwater Management, Communications, and OEO report.

ANNOUNCEMENTS AND APPOINTMENTS

Mayor Salter announced that the City has finalized the purchase of all rights to the City Logo. Thanks went to Council Members Massaroni and Reynolds for their efforts on the project.

The Mayor also announced that the April 18th Council meeting will be held at the Berkeley Walk Clubhouse.

The Handbook/Directories have been delivered to all households in the City. Thanks go to Dan Huntington, Clay Keller, Sue Golubic, Vasta Lucas, Marion Peterson for help with the delivery. Thanks also went to Council Member Reynolds along with Claire Grimes and Marcie Zielazienski for the preparation and printing of these new Directories.

OLD BUSINESS

Changes to Ordinance 39-Sections 103, 503, 1407: 2nd Read – Sipe

Council Member Arakawa motioned to accept the changes to Ordinance Chapter 39-sections 103, 503, 1407. Council Member Massaroni seconded the motion and approval was unanimous.

Changes to Ordinance 39-Section 809 (RA 101 zoning): 2nd Read – Carothers

Council Member Reynolds motioned to accept changes to Ordinance Chapter 39-809. Council Member Arakawa seconded the motion at approval was unanimous.

Dish Network – Reynolds

Council Member Reynolds suggested that there should be an article in Reflections, which will announce that the Dish Network people will be available to answer questions and give demonstrations on Earth Day.

Community Center – Grant effort report- Arakawa/Zielazienski

Council Member Arakawa stated that in order to go after grant money, it is important to more clearly define what the City needs and be more specific about what we want to build. The current structure of City Hall is in need of repair. The question is whether to put money into the current structure or to build a new Administration Building. Mr. Arakawa further stated that he has polled the Council Members for their thoughts and ideas and it is clear that we need an Administrative Center. If that is agreed, then we could certainly go after that type of grant. There was much discussion about whether to add the building to the back of the existing City Hall or whether to build a whole new structure. The questions of placement, parking, tree loss, size, function, design and preserving the history of the old building were discussed in detail. Mr. Arakawa stated that he would like to see a Community Center built in conjunction with the Administrative Center and that the City has an obligation to provide services that a Community Center will provide. Council Members unanimously agreed that the City is in need of a new administrative building and that Council should budget for it and then try to seek any available grant money. Council Member Massaroni stated that after the review of the City Park during the Council retreat last October, it was determined that a new structure should be built to the left of the City Park when facing it from S. Berkeley Lake Road. He still feels this would be the best location for any new structure. Council Members Arakawa and Reynolds agreed. It was determined that Council Members Massaroni and Steventon would research new building plans and notify Council when they are prepared to have Council review the plans at a special Work Session.

NEW BUSINESS

Chapter 39 modifications, (single family dwellings)

P&Z Chairman George Sipe presented the proposed changes as follows:

39-103 Definitions

q. Now reads:

Family: One or more persons living as a single housekeeping unit. The term "family" does not include any organization or institutional group.

Change to:

Family: One or more persons living as a single housekeeping unit and in a single living space. The term "family" does not include any organization or institutional group.

Reason: To reinforce that a single family occupies a single living space.

39-201 Establishment of Zoning Districts

For the purpose of this Ordinance, the incorporated area of the City of Berkeley Lake, Georgia, may be divided into Zoning Districts designated as follows:

R-100 Single Family Residential

To Include: RMD Residential Multifamily Duplexes

RA- 101 Residential Agricultural

M-1 Light Industrial

C-1 Neighborhood Business

O-1 Office- Institutional

Reason: To provide a zoning district for future use which permits structures that may be occupied by two families. Clarification for future Councils should they come across this topic again; RMD is the same designation as Gwinnett County uses; 39-810 is where this designation actually gets added. This will help both residents and Council understand that duplexes are not allowed in R-100. The question might be asked as to how duplexes could be allowed in the future.

39-810 Residential Multifamily Duplexes (where the addition of RMD takes place)

This zoning district is intended to provide a mixed residential area for both single family and duplex use. Minimum acreage 10.

Within the RMD multifamily residence district, the following uses are permitted:

a. Residential structures designed for one or two family occupancy.

b. No more than one duplex may be constructed on each lot of record.

c. To partially offset the greater density of development, the minimum lot area and minimum floor space for duplexes is 50% larger than that required for single family structures.

d. Except as stated above, RMD shall otherwise include all provisions of the R-100 zoning district.

39-703 Minimum Number of Off-Street Parking spaces required

6. Now reads:

Residences – Two spaces for each dwelling unit.

Change to:

6. Residences – One space for each vehicle present at the residence, which is operated by the family or two, whichever is greater.

Reason: To ensure adequate off – street parking is available for all vehicles based at a residential location.

39-804 Area, Yard Coverage, Height and Supplementary Regulations

Now states:

The following area, yard coverage, height and supplementary regulations apply to R-100 Single Family Residence Use Districts, except that lot depth and lot area shall not apply to any lots adjoining Lake Berkeley due to the topography and shape of said lots.

Change To:

The following area, yard coverage, height and supplementary regulations apply to R-100 Single Family Residence Use Districts, except that due to the topography and shape of the lots adjoining Lake Berkeley, lot depth and lot area shall not apply while building setbacks specified as distances from property lines shall additionally apply to the natural shoreline of said lots.

5. Building Setback (Rear) Minimum 40 feet from any point of rear lot line(s) or natural shoreline of Lake Berkeley.

Change to: Building Setback (Rear) Minimum 40 feet from any point of rear lot lines(s).

Reason: To clarify the current intent of the setback and to apply it as the side as well as rear setback where applicable.

*There was much discussion by Council about the removal of the word "natural" from the wording. It was decided to place on 1st Read without the word "natural". Another change will be to address the 40-ft. setback to also apply to the side setback from the shoreline. Changes will be made so that the 2nd read will include these changes.

39-806 County Septic Application

The Zoning Enforcement Officer shall determine the number of bedrooms for the County septic application.

Change to:

39-806 Overcrowding

Dwellings shall not be occupied by more occupants than supported by the structure and septic system, if any. Minimum requirements are as follows:

1. Bedroom space must be available for each occupant and may not be a kitchen, bathroom, toilet room, laundry, closet, hall, garage, storage, utility or similar area.

2. Every bedroom occupied by one occupant shall contain at least 80 square feet of floor area and every bedroom occupied by more than one occupant shall contain at least 60 square feet of floor area for each occupant thereof. There must be one or more attached, permanent closets accessible from within each bedroom totaling not less than 5 square feet of floor area for each occupant thereof. Floor area to be considered must have a ceiling height of not less than 7 feet.

3. There must be no less than 1 bathroom or toilet room for every 3 occupants.

Reason: Deletion recognizes the county/state's role in determining bedrooms for the purposes of septic system sizing. Addition protects the City's interest in health, safety and proper uses of residential districts.

* After discussion Council decided to place on first read with the change to 1 bathroom for every 4 occupants.

39-1202 Use Permit Required

No building or other structure shall be erected, moved, added to or structural altered without a Use Permit issued by the Zoning Enforcement Officer. This would not apply to ordinary maintenance and repairs to existing structures.

Now States:

No Use Permit shall be issued except in conformance with the provisions of this Ordinance.

Change to:

No Use Permit shall be issued except in conformance with the provisions of this Ordinance. The Planning Commission must confirm compliance prior to issuance of any Use Permit in the following circumstances:

1. Construction in any residential district which partitions a dwelling into 2 or more non-interconnected spaces.

2. Construction in any residential district resulting in more than 1 kitchen in a dwelling or any kitchen in an accessory structure.

Reason: To ensure acceptable use compliance in single family residential districts. N.B. 39-103-n defines "Dwelling, single family" specifically as "A building DESIGNED FOR OR OCCUPIED exclusively by one family."

*After discussion the word "confirm" was changed to the word "approve".

Council Member Massaroni motioned to place changes to Chapter 39 on First Read subject to the changes discussed by Council. Council Member Arakawa seconded the motion and approval was unanimous.

BLEMA Alert System – Kitchens

Mayor Salter reported about "Calling Post", which is a program by which BLEMA can initiate a phone call that will go to every household in the City for 5 cents a call. The call would go to all residents very quickly. The use would be to warn residents of a tornado or other potential disaster. In addition to "Calling Post" an Alert Service would be purchased for the City in order for a few BLEMA members to be notified of the potential disaster so that the "Calling Post" could be initiated. There was much discussion and many questions were asked by Council. No final decision was made.

Emergency Management Agreement (resolution) – Kitchens

Council Member Massaroni motioned to accept the Emergency Management Agreement Resolution. Council Member Arakawa seconded the motion and approval was unanimous.

Earth Day – Steventon

Council Member Steventon reported that he has contacted most of the team leaders. There has been a flyer circulated and the City letter will help advertise. It was discussed that people who want to drop off garbage should be prepared to prove that they live in the City limits.

Transportation Issues Report – Arakawa

Council Member Arakawa reported that the preliminary plans for sidewalks would be available in two weeks for review. The traffic light at Berkeley Commons will be going in during the summer. The turning arrows on North and South Berkeley Lake Rd. have been assigned to Kim Conroy (Gwinnett County). Kim Conroy will be coming back to the City in order to smooth out the shoulder of the road where cars parked during the snowstorm. The 20-year transportation plan for Gwinnett County shows that there is absolutely no widening of PIB. We have also given the County direction in terms of where the "No Parking" signs need to be placed along the dam road. Stop signs will be replaced within some of the subdivisions.

Mr. Arakawa also stated that he wanted to clarify a few statements made in the Mayor's article for Reflections. The purpose of investigating speed tables on Ridge Road was not so much because of the curve, but because of the sometimes up to 52 MPH that the data shows that people travel along Ridge Road. Mr. Arakawa also stated that he wants to make certain that everyone knows that the idea of the City taking over North and South Berkeley Lake Road from the County was only exploring the idea and not anything in any way certain. The idea of a dead end at Mr. Henderson's property was only a thought among many options that the community should decide.

Other

Council Member Massaroni motioned that Council approve the pre-application Resolution to the Land and Water Conservation Fund. Council Member Arakawa seconded the motion and approval was unanimous.

Council Member Reynolds motioned to approve the Resolution for the swap of SPLOST funds with the City of Lawrenceville in the amount of 206,000 dollars. Council Member Massaroni seconded the motion and approval was unanimous.

Council member Reynolds stated that the City Logo is being used on the Berkeley Walk website and asked Council for their opinions on whether the City should ask them to remove it. There was much discussion and it was decided to ask them to temporarily remove it until the City can establish guidelines for use of the City Logo.

CITIZENS COMMENTS

There were no citizens' comments.

COUNCIL MEMBER ARAKAWA MOTIONED TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS. COUNCIL MEMBER MASSARONI SECONDED THE MOTION AND APPROVAL WAS UNANIMOUS.

After Executive Session there were no citizens present.

THERE BEING NO FURTHER NEW BUSINESS, COUNCIL MEMBER MASSARONI MOTIONED TO ADJOURN. COUNCIL MEMBER ARAKAWA SECONDED THE MOTION AND APPROVAL WAS UNANIMOUS. THE MEETING ADJOURNED AT 9:45 PM.