City Council March 7, 2011 Meeting Agenda Summary

The City Council held their Regular Meeting at 7:00 p.m. on Monday, March 7, 2011. Here are some highlights from that meeting.

Discuss Hotel Residency Requirements---Attorney Harold Buckley, Jr. of Alston & Bird law firm representing , said the city’s existing hotel residency ordinance is illegal. Buckley said that he acknowledges the city’s need to set standards, but imposing a cap on the amount of time a person or persons can stay in a hotel is not the way to do it. Buckley said that restrictions on amount of time one can occupy a hotel room subjects protected classes to different housing standards.

Buckley said that in order for the city to enforce the 45 days maximum hotel stay, the city would have to access the hotel’s business records to determine violations.  This would open search and seizure issues. He said that ordinance will not only affect the people they are targeting, those living in hotels as if they were apartments, but ordinance is also applicable to Extended Stay guests that work for its corporate clients. Guests that work for Siemens, Publix and Georgia Pacific who stay in the hotel, while in town for business, for more than 45 days, would be subject to this ordinance as well.

Per Buckley’s suggestion, a meeting will be held on Wednesday, March 9 to discuss ordinance and its enforcement. The mayor, council members, Extended Stay and Mr. Buckley along with Planning and Zoning and Police Department representatives will attend this meeting.   

City Manager/Administrator---City Attorney Lee Thompson, Jr. said he has completed proposed legislation to create City Manager position.  He said an ad ran last Thursday (March 3, 2011) notifying the public that this local legislation would be created. 

City Attorney Thompson also provided proposed legislation for the creation of City Administrator position to provide council with option to hire without changing the city’s charter. The hiring of a City Administrator could be done by the passing of an ordinance. But due to possible overlapping and duplication of duties and responsibilities between the Mayor and Administrator, council voted 3-1 to adopt resolution to change the City Charter to allow the hiring of a City Manager. Councilwoman Marie Beiser cast the lone no vote.

Drafted city legislation will now go to the State Legislation. It is anticipated that Rep. Valerie Clark will sponsor the bill requesting this charter change.

Resolution: Neighborhood Stabilization Program---Mayor Judy Jordan Johnson introduced Bill Kingsbury, Director of Gwinnett County Neighborhood Stabilization Program. Mayor Johnson said Mr. Kingsbury was appearing before council seeking a Neighborhood Stabilization Program Resolution. This Resolution is to be presented to the Gwinnett Board of Commissioners on March 15, 2011.

This Resolution is being sought to expedite the federal processes required for Gwinnett County to receive the allocated $2,065,581.

Council voted 4-0 to adopt Neighborhood Stabilization Program Resolution. The mayor signed the Resolution and gave it to Mr. Kingsbury.

Discussion of Changing Council Term of Office from Two Years to Four Years---Mayor Johnson said this item appearing on the agenda was more of a public announcement.  It was placed on agenda to let public know that this action was being considered. Therefore, council would not be taking any official actions or votes on this item during this meeting.

Councilman Tony Powell said that council terms in office must be extended by state legislation.  Powell also said that if term of office was extended that each council member would have to seek and obtain re-election to receive longer term. 

Councilwoman Katie Hart Smith said she was in favor of supporting longer terms because it would mean election cost savings for the city.

Councilwoman Beiser said it cost the city approximately $5,000 to hold each election.  

Councilman Peter Martin said council is not rushing to make this change, but next year when state legislators go into session, local legislation seeking term change will be presented.

A citizen asked if council and mayor elections would continue to be staggered, currently two council seats are up for election every two years.  Mayor Johnson said yes this would continue even if terms in office change.

Councilwoman Smith asked that term limits are also considered.

Agreement with Kimley Horn LCI Grant and Pedestrian Crosswalk---Council voted 4-0 to enter into agreement with Kimley Horn. This vote gave Kimley Horn the authorization to move LCI (Livable Conditions Improvements) Downtown Improvement Projects from concept development into the design process. 

This portion of the project involves changing one-way streets, Perry and Clayton, to two-way traffic streets.

A Public Hearing will be held on March 28, 2011 to garner public input and to provide information about this project.   

This project includes 80% funding from federal government, with the city putting up the remaining 20%. The city secured an LCI Grant to cover project design cost; city will also use voter approved SPLOST to assist with funding.