CITY OF BERKELEY LAKE

4040 BERKELEY LAKE ROAD

BERKELEY LAKE, GA 30096-3016

CITY COUNCIL MEETING

JULY 8, 1999

Those in attendance for the Public Hearing/City Council meeting were as follows:

Mayor – Marguerite Cooke Council Members: Anthony Arakawa, Kelly Goff, Tom Kitchens, Sherwin Levinson, Sherry Ruys

City Attorney – Thomas Mitchel

Public Works Director – Bob Flaherty

Zoning Enforcement Officer – Stan Kelly

City Clerk – Anne Mayton

Citizens Present: 16 

CITIZENS COMMENTS

Brian Matthews, 3256 Highgate Chase Court, Berkeley Commons
Mr. Matthews announced that he has started a petition of residents in support of requesting that the City purchase land next to Berkeley Commons and Berkeley Walk as a buffer for those subdivisions. He would like this purchase to occur concurrently with the purchase of the 9.75-acre parcel on Peachtree Industrial Blvd.

George Sipe, 537 Lakeshore Drive
In response to Brian Matthews: The land you are referring to has different owners and also, this property doesn’t have the same effect on the Lake.

Max Poliashenko, 3246 Highgate Chase Court, Berkeley Commons
The City should not purchase land that would only affect the Lake but also other areas that give a green buffer to the other subdivisions.

APPROVAL OF MINUTES

Mr. Kitchens had a change on Page 2. Old Business, Paragraph 4, Second Sentence should read: "In this meeting, Mr. Shackleford agreed to have the effluent line surveyed for potential movement to the opposite side of PIB from the Lake."

Mr. Kitchens made a motion to approve the Minutes as amended, Mr. Goff seconded and the vote to approve was unanimous.

APPROVAL OF FINANCIAL REPORT

Mr. Goff explained that the Financial Report was not available at this time. However, the latest figures still show that we will have a small surplus for the year. Mayor Cooke announced that at the next Council meeting the Council would be deciding on the property tax millage rates for the upcoming year.

STAFF AND COMMITTEE REPORTS

The Mayor and Council have received the following reports:

Officer Dunlap introduced Captain Carter Leverette to the community. Captain Leverette is the Precinct Commander for the precinct that includes Berkeley Lake. He will be attending future Council meetings and this would be an opportunity for the Council and for citizens to address their concerns to Captain Leverette as he makes decisions that directly affect this area. Mayor Cooke welcomed Captain Leverette to the meeting.

Mayor Cooke dissolved the City Park Enhancement Committee at the suggestion of Mrs. Ruys, Chairperson.

Mr. Levinson asked Mr. Mitchell, (substituting for City Attorney Carothers), to give us a summary of the special requirements this year for setting the property tax millage rates. We need this information within the next couple of weeks, when we plan to have the tax digest. We have a lot of studying to do to learn how to adjust the millage rates per the recent law regarding windfall reassessment.

OLD BUSINESS

River Hollow Subdivision – David Hegner
Mr. Hegner asked the Council to approve his final plat. He has delivered all the drawings to George Sipe, Chairman of the Planning & Zoning Commission and the Commision has approved the Final Plat for River Hollow.

Mr. Sipe, Chairman, Planning & Zoning Commission: We have already approved the preliminary plat on the River Hollow subdivision. This is a very small subdivision. There are no public streets—no areas that the City is going to be responsible for. The entire plat is within 2,000 feet of the Chattahoochee River. After looking at this Final Plat carefully, we felt it met with the requirements of the City Codes. This is the approval of a plat. This is in no way the approval of the development of the lots on that plat.

Much discussion followed between the Council and Mr. Hegner, Mr. Sipe, and Mr. Kelly.

Mr. Goff announced that he would feel badly about approving something of the magnitude of the development of this property without having seen or studied the proposed plat. With all the difficulties we are having, I do not think it is appropriate for us to approve this plat at this time.

Mr. Kitchens asked for a copy of the plat to be placed in City Hall for the Council members to be able to examine. Mr. Arakawa also expressed a desire to view and study the plat. Mr. Levinson expressed a desire to hear the recommendations of the Planning and Zoning Commission and any explanations that they may have as well as any explanations that the City Engineer, ZEO, and the Director of Roads and Public Works might have regarding this project. And, if any additional paperwork needs to be issued, I have no problem requesting a special Council meeting to approve this plat if it needs to be approved that quickly.

Mr. Levinson also reminded the Council that a land disturbance permits ordinance had been passed by the Council just a month before he joined the Council and this code included language requiring that a tree protection plan be in place prior to any land being disturbed on a piece of property. He asked for the City Attorney to advise the Council regarding this matter.

Mayor Cooke: The Planning & Zoning Commission met twice this week to go over this plat. In the past it has been that the Council would take the word of the Planning & Zoning Commission. It sounds like the Council would like to postpone approval this matter until next Council meeting.

Mayor Cooke: Would there be any undue hardship to you, Mr. Hegner?

Mr. Hegner: Only that I have people interested in purchasing lots.

B. Flaherty, S. Kelly, S. Levinson, E. Duckett, and G. Sipe will be meeting to implement the land disturbance ordinance in this situation.

Mr. Levinson: I move to defer Mr. Hegner’s request to approve his final plat until the next Council meeting. Mr. Goff seconded.

Mr. Kitchens amended the motion to add that no further development take place until erosion controls are in place. Mr. Goff seconded.

Mrs. Ruys: Please leave a copy of the final plat on River Hollow out in City Hall so we can go in and look at it.

Much discussion followed by Messrs. Flaherty, Sipe, Levinson and Goff.

The vote to approve Mr. Kitchen’s amendment was held. No one voted to approve so this amendment failed.

The vote to approve the main motion made by Mr. Levinson passed unanimously.

Mr. Hegner: No trucks went onto that property until we had gotten approval from the Georgia Soil and Water Conservation office in Athens and a sign-off by Mr. Duckett.

Intergovernmental Agreement with Gwinnett County for Erosion and Sediment Control
Mr. Mitchell explained that there had been one change since the Council had last seen this agreement and that is that the requirements of compliance will not be any longer than six (6) months.

Mr. Levinson made a motion to approve the resolution that the City of Berkeley Lake be authorized to enter into an Intergovernmental Agreement with Gwinnett County for Erosion and Sediment Control for the Re-use Line. Said documents be approved as performed by the City Attorney and the Mayor is hereby authorized to enter into said agreement on behalf of Berkeley Lake. Mr. Goff seconded.

Mr. Levinson: I would like to point out that this Resolution was passed on June 10 so we do not need to pass it again.

Mr. Mitchell explained that this is simply a motion that allows the City Attorney to approve it as to form and then allows the Mayor to execute it.

Mayor Cooke stopped everything and looked for this Resolution in the June Minutes. Mrs. Mayton pointed out that it is on Page 14 of the June Minutes. Much discussion followed and it was decided that the Resolution passed on June 10 gave the City Attorney authorization to approve the final form of the Intergovernmental Agreement and the Mayor has the authorization to execute that document.

Code Revision Repeal Ordinances
Mayor Cooke: The Ordinances approved for repeal last month are now up for 2^nd Read this evening. I trust all Council members have a copy of the City Attorney’s recommendations regarding those five (5) ordinances. For convenience sake, we will just call the ordinance numbered 4-103(3) the first ordinance; the second ordinance will be 4-103 and 4-104; and the third ordinance will be the ones numbered 4-103, 4-104, and 32-101; the section on 4.104.1, the fourth ordinance; and the section on 4.105 as the fifth ordinance.

Mr. Mitchell, City Attorney: On the first ordinance there will need to be a motion to amend in order to correct a clerical error regarding the ordinance as being repealed. The ordinance that was read last month—the clerical error was that it read 4-103 (3) and it needs to be corrected to read, 4-101(3) and also, there will need to be a motion to amend the ordinance number 4. The one that was put on First read last month read, to repeal sections 4-103, 4-104, and 32-101. There needs to be a motion to add through 32-126 or that entire ordinance.

Mr. Levinson made a motion that ordinance number 1 on 2^nd Read be amended. The City Clerk is in possession of a copy of the amendment that I propose which is a technical correction. The ordinance which read 4-103(3) should be changed to 4-101(3). Mrs. Ruys seconded, and the vote was unanimous.

Mr. Levinson made a motion that we approve the first ordinance as now amended.
Mr. Arakawa seconded and the vote to approve was unanimous.

The City Attorney advised that we adopt Ordinance 4 which renames the second 4-104 4-104.1. This references public utilities franchises.

Mr. Goff made the motion to adopt Ordinance 4, Mr. Levinson seconded and the vote to approve was unanimous.

Mayor Cooke: Regarding Ordinance 2, if I don’t hear any motion, we will just move on.

The City Attorney recommended we amend the third ordinance to read that we are repealing sections:
          4-103; 4-104; and 32-101 through 32-126

Mr. Levinson moved that we make this technical correction. Mr. Goff seconded and the vote to approve was unanimous.

Mr. Levinson made a motion to place on 2^nd Read and adopt the third ordinance. Mr. Kitchens seconded and the vote to approve was unanimous.

In regard to Ordinance 5, repealing Section 4-105 of the Code, Mr. Levinson stated that this Section of the Code was ruled unconstitional. He made a motion that we place Ordinance 5 on 2^nd Read for adoption. Mr. Arakawa seconded and the vote to approve was unanimous.

Land Acquisition
Mayor Cooke announced that the City Attorney recommended that we discuss this in Executive Session.

Mr. Kitchens made a motion that we discuss this in Executive Session. Mr. Arakawa seconded.

Mr. Levinson said that he would like to point out that we have decided to employ the services of independent appraisers so it must be discussed in Executive Session.

Mr. Levinson: I move that the City select and employ the services of a real estate Buyer’s Agent who is not a resident of the City and who is properly licensed with a good reputation to represent the City to be employed on behalf of the City in any negotiations that may take place for land acquisition Mrs. Ruys seconded.

Much discussion followed among the Council members.

Mr. Levinson: I proposed that we amend my original resolution to read "the City consider employing. . . ." Mrs. Ruys seconded this amendment and to vote to approve the amended resolution was unanimous.

NEW BUSINESS

Land Disturbance and Building Permits – E. Duckett
Mr. Duckett: When I first developed this list—that you all have before you—it was originally intended to show us which forms we needed for the administration of land disturbance permits and building permits.

Mayor Cooke: I had originally asked Mr. Duckett to give us a list of the various permits that the City issues. I was hoping to vote to approve using it as a routing sheet. However, it sounds as though Mr. Duckett is saying that it is incomplete as a routing sheet at this time.

Mr. Duckett: I see it as a ‘work in progress’ as I know of a number of things that need to be added.

Much discussion followed among the Council and Mr. Duckett.

Mr. Levinson: I would like to get together with the gentlemen involved (Messrs Kelly, Flaherty, Duckett, Sipe) sometime before the next Council meeting. It would be wonderful if we could have a checklist within the next month or two but I don’t think our private schedules would allow it by the next Council meeting.

Mr. Duckett: I will re-work and re-submit at the next Council meeting. Recently, the County adopted a storm water design manual that is radically different from the one the City is currently using. I recommend we adopt this as well. I have a copy and will leave it with George Sipe tonight. It will require some changes in development regulations. I will need to get a copy of the Development Ordinance from the City Clerk.

Mr. Duckett: In reference to the River Hollow subdivision, we failed to get a copy of the approved plan until last Tuesday as Mr. Hegner’s engineer would not provide us with a copy.

City Hall Receptionist
Mr. Levinson: I have passed out copies of the proposed ordinance, which involves some modifications. I move that the City Council adopt this ordinance. Mr. Arakawa seconded. This is very rough because it involves confidential personnel matters. It will need to be discussed in Executive Session so that it can be passed on 2^nd Read in the next Council meeting. This will probably result in no change to the budget. The vote to put this on 1^st Read was unanimous.

Property Tax Exemption
Mr. Levinson: We need to know what we can and must do with the millage rates this year. I would like the Council to consider some exemption for the elderly and the handicapped citizens.

Much discussion followed among the Council.

Intergovernmental Agreement for Early Warning System
Mr. Mitchell: I don’t think the City of Duluth is going to provide this indemnification. Instead, Duluth will probably put a "not to sue" clause in their covenant.

Mr. Levinson made a motion to adopt the resolution to authorize the Mayor approve an Intergovernmental Agreement for an Early Warning System with the City of Duluth. Mr. Kitchens seconded and the vote to approve was unanimous.

Solid Waste Management
Mr. Levinson made a motion that the Council adopt the resolution that Mr. Mitchell has given in detail to the City Clerk. Mrs. Ruys seconded and the vote to approve was unanimous. This resolution will be attached in the Minutes Book.

Trash Pickup
Mr. Kitchens would like the Director of Roads and Public Works to contact a trash collection company and arrange for trucks to pick up trash at curbside that our citizen’s contracts with trash companies do not include.

Mr. Goff: A number of people have things at their docks that need to be picked up. Could we also set up a collection area next to the Chapel for these people?

Mr. Kitchens: I move that a trash collection company pick up trash at curbside and at the picnic area. Mr. Levinson seconded and the vote to approve was unanimous.

Effluent Pipeline
Mr. Kitchens: The pipeline work is in progress. The construction will be moving across PIB in the very near future. I will video the progress of the construction.

Project Oasis
Mr. Levinson: I move that an ordinance be established and put on First Read to form a standing committee to establish a comprehensive greenspace and buffer plan for the City with Mrs. Ruys as Chairperson. Mrs. Ruys seconded.

Mrs. Ruys: I think we need to have a representative from every section of the City on this committee.

Mr. Levinson: Mrs. Ruys has written an excellent mission statement for this proposed committee, however, I would like to change my motion to delete Mrs. Ruys name as Chairperson and change it to Council Liaison. I would like to amend my proposal for the committee members to have staggered three (3) year terms in a manner similar to the Planning & Zoning Commission. We will need the advice of the City Attorney on a better way to language this.

Mr. Arakawa: And a provision for incorporating the current Greenspace Reforestation Committee.

Mrs. Ruys: I envisioned a committee that would incorporate Tree City USA, Greenspace Reforestation and Land Acquisition.

The vote on the amendment to remove Mrs. Ruys name as liaison and that the members would have staggered terms was unanimous. The vote on the main motion was unanimous. This will be referred to as Project Oasis.

Mayor Cooke: I would like to remind our City Clerk that within two business days, you must have the motions passed at the City Council meeting—or any official action—typed up and posted on the City Bulletin Board outside City Hall.

Mayor Cooke: Next month under New Business, the City Council must address the issue of Property Tax Millage Rates.

Mr. Kitchens: I move that the Council go into Executive Session for the purposes of discussing personnel matters, land acquisition and potential litigation. Mr. Levinson seconded, and the vote to approve was unanimous.

After Executive Session, the City Council Meeting was resumed. No citizens were present.

It was consensus of Council that the City Attorney send Mr. Donald Lustig on South Berkeley Lake Road a letter regarding the piles of dirt he has put along the bank of the stream in his front yard.

Mr. Levinson made a motion that the proposed new Sign Ordinance be put on First Read. Mrs. Ruys seconded, and the vote to approve was unanimous.

THERE BEING NO FURTHER BUSINESS, MR. LEVINSON MOTIONED FOR ADJOURNMENT. MR. GOFF SECONDED AND THE VOTE FOR APPROVAL WAS UNANIMOUS.

THE NEXT CITY COUNCIL MEETING IS SCHEDULED FOR AUGUST 12, 1999, AT 7 P.M.