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August 2016 Meeting Minutes
Aug 14, 2016
- Announcements and introduction of distinguished visitors
Terry Nall, John Heneghan
- Approval of minutes for July 10, 2016 meeting—Lindsay Ballow
- DHA members servicing on city boards legal memorandum – Seth Weissman
Goal was to review the city’s ban of DHA members on boards. Looked into state law regarding conflict of interest. State law is silent about homeowner associations, neighborhood associations, etc. Removing DHA members will have no effect on the number of lawsuits. Dunwoody’s City Board members can learn about issues many different ways, including attending discussions, meetings, etc. No limitation whatsoever. No reported case to the contrary. Also, Constitution protects ones right to free association. No lawful basis to support the claim from the city council; protection from lawsuits. Some boards, zoning appeals can be different, quasi-judicial position, don’t vote on a DHA position if issue is coming in front of ZBA, out of caution. Appears city violated open meetings rules, this is not how you do business in America,
- Presentation – Transwestern development proposal for office tower at Perimeter Mall –Jessica Hill, Morris, Manning & Martin and Trent Germano, Transwestern Development Company
20 story building, Macy’s parking lot, variances for setbacks, moving building to street, comes up to property line. LEED certified, plan is for 16 floors, asking for 20. 1237 parking spaces, 3 per 1000 sq ft (4 is norm for area) 3.98 per foot off 42-38 per sq ft. value of abatement over 10 years.
- Presentation – Redevelopment proposal for property at the corner of Chamblee-Dunwoody and Mt. Vernon (currently a car wash)—Archie Archie Wanamaker, Crim & Associates and Michael Ritch SDG Engineering
4470 sq building where car was is today, half acre. Restaurant will ask for slups, height to get HVAC in, for non-right angle, 10 ½ ft sidewalk, more parking for food 35 parking spots
- Board only session: Votes as needed on any motions including:
DHA action related to city policy changes re: DHA
Proposed 4 courses of action
1. No member of a city board is under obligation to follow the DHA’s direction,
2. We should write a policy to excuse themselves from board only vote if on ZBA, Planning, etc. document in the minutes.
3. File an ethics complaint to judge the appropriateness of meeting, policy, etc.
4. File a complaint with the Attorney General – Dick has already done one for an illegal meeting. Are voluntary board members city personnel?
Hold off on 3 and 4 until city moves - passed 15 to 1
Motion to write a policy that states 1 16-0
Draft a policy for 2 16=0