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City of Clarkston - Georgia - where possibilities grow

 

where possibilities grow

Council Minutes Tuesday December 6, 2016

MINUTES
CLARKSTON CITY COUNCIL
Tuesday December 6, 2016 
 
Officials Present
Mayor: Ted Terry
Council: Dean Moore, Mario Williams, Ahmed Hassan, Awet Eyasu, 
City Manager: Keith Barker 
City Clerk: Tracy Ashby 
City Attorney: Stephen Quinn
 
Vice Mayor Dean Moore called the meeting to order at 7:30pm.
 
Roll Call: Dean Moore, Mario Williams, Awet Eyasu, Ahmed Hassan, 
Absent: Mayor Ted Terry, Beverly Burks
 
Pledge of Allegiance
 
C.  ADMINISTRATIVE BUSINESS/ PRESENTATION
C1) Recognize New Hires: Mr. Barker introduced the Code Compliance officer Sandra Hines, SGT David Fonseca, OFC Dustin Bulcher and OFC Zane Ashby
 
C2) Approve Minutes for 11/1/16 Council Meeting
Awet Eyasu made a motion to approve the Council Minutes for 11-1-2016.  Ahmed Hassan seconded the motion.  A vote was called and the motion carried (4, 0). 
 
D. PUBLIC COMMENTS
No Public Comments
 
E. OLD BUSINESS
E1)  Adopt Ordinance by the City of Clarkston to Amend the City Charter to be Consistent with the Council –Manager Form of Government and with State General Law
The City Attorney advised that the purpose of the ordinance is to update the Charter to reflect the current Council/Manager form of government and to remove outdated language.  The council has made changes to Section 4.02 for the City Manager to submit the annual budget and Section 2.02 for the Mayor to have two council members support to call a special call meeting. Mr. Quinn advised that if the current version of the ordinance is approved, then per State law the Charter must be adopted at two consecutive meetings. Discussion on the proposed version. Councilman Williams wanted to clarify that this is a long overdue update based on the city’s council/manager form of government. 
Ahmed Hassan made a motion to adopt the Ordinance by the City of Clarkston to Amend the City Charter to be Consistent with the Council –Manager Form of Government and with State General Law without section 4.02(B). Mario Williams seconded the motion.  A vote was called and the motion carried (4, 0).
 
E2) Public Hearing to Adopt Occupational Tax Ordinance Amendment
The City Manager detailed that the current occupational tax code was originally adopted in December 1998.  The existing code requires updating to be consistent with the Council-City Manager form of government. The proposed amendment includes proposed changes to increase the annual administrative fee from $50 to $100 as well as providing for an exemption for all businesses for the first $20,000 of annual gross receipts used in the tax calculation.  This amendment also includes minor updates to profitability ratios used for each business class with the profitability ratio calculation rate for all Class 1 businesses. 
Public Hearing- No Public Comment
Public Hearing closed. 
Ahmed Hassan made a motion to adopt the Occupational Tax Ordinance Amendment.  Mario Williams seconded the motion.  A vote was called and the motion carried (4, 0). 
 
E3) Adopt Alcohol Ordinance Amendment 
The City Attorney detailed the proposed changes to the alcohol ordinance that effective July 3, 2016, the City no longer issues new licenses for the package sale of beer, malt beverages and/or wine and liquor for package stores, convenience stores.  The city recognizes existing licensees that shall be permitted to continue operating under their existing licenses at their current locations as a Grandfather status. The only new licenses that would be permitted for the retail sale by the package of beer, malt beverages and/or wine would be for businesses that qualify as a growler shop, specialty wine shop or a grocery store, as defined in the ordinance.
The City Attorney advised that existing grandfathered package locations may transfer their business to a new qualified licensee, at the same location only, until January 1, 2022.  After that date, grandfathered licenses to sell beer, malt beverages and/or wine by the package may not be transferred to another licensee. The ordinance also makes changes to the minimum permitted distances for new alcohol applications.
 
Awet Eyasu said he liked the ordinance but he was concerned the five year transfer date might hinder sales of businesses.  Mario Williams suggested that the transfer period be extended to six (6) years.  Dean Moore made a motion to adopt the ordinance and to extend the transfer to period to January 1, 2023 in sections 3-70(b) and Section 3-54(a) (4).  Ahmed Hassan seconded the motion.  A vote was called and the motion carried (3-Yes Dean Moore, Mario Williams, Ahmed Hassan, 1-NO -Awet Eyasu).  
 
F.NEW BUSINESS
F1)  2017 Budget Adoption 
The City Manager provided the 2017 Budget Presentation. 
 
1) Public Hearing – To take public comment on the 2017 Proposed Operating & Enterprise
Fund Budget
 
No Public Comment on the 2017 Proposed Budget
 
2) Council Adopt 2017 Operating & Enterprise Budget Ordinance
Mario William made a motion to adopt the 2017 Budget Ordinance. Ahmed Hassan seconded the motion.  A vote was called and the motion carried (4, 0). 
 
F2)  Adopt Resolution Authorizing, Amending the FY2016 Operating Budget
The City Manager detailed the need to amend the Fiscal Year 2016 Operating Budget from $5,756,960 to $6,491,712. 
Awet Eyasu made a motion to approve amending the FY2016 Operating Budget from $5,756,960 to $6,491,712. Ahmed Hassan seconded the motion.  A vote was called and the motion carried
(4, 0). 
 
F3)  Public Hearing - Urban Redevelopment Authority
The City Manager detailed for the public, the process to designate the Friendship Forrest Wildlife Sanctuary, by resolution, as an “urban redevelopment area,” in order to obtain funding to implement the “Master Plan” approved by the Council in January, 2016. The Urban Redevelopment Law (Section 36-61-1, et seq. of the Official Code of Georgia Annotated (“O.C.G.A.”)), as amended (the “Act”), authorizes the City of Clarkston, Georgia (the "City") to designate an "urban redevelopment area," which is defined to mean a “pocket of blight” which the Mayor and City Council of the City the (“Governing Body”) designates as appropriate for urban redevelopment projects, meaning an area which by reason of the presence of a substantial number of  deteriorated or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions, deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; by having development impaired by airport or transportation noise or by other environmental hazards; or any combination of such factors, substantially impairs or arrests the sound growth of a municipality or county, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. The Council would then approve a resolution adopting an Urban Redevelopment Plan and finally the Council would adopt an Activating Resolution to Authorize the Urban Redevelopment Agency of the City of Clarkston to Transact Business and Exercise Powers under the Provisions of the Urban Redevelopment Laws. The Council begins the process by holding this Public Hearing to take comment on the proposed Urban Redevelopment Area, Plan and Authority.
Vice Mayor Dean Moore opened the Public Hearing.
No public comments on the proposed Urban Redevelopment Area, Plan and Authority.
Vice Mayor Moore closed the Public Hearing.
 
F4) Adopt Resolution of the City of Clarkston, Georgia Adopting an Urban Redevelopment Area 
Vice Mayor Moore asked for a motion. Mario Williams made a motion to adopt the Resolution of the City of Clarkston, Georgia Designating Friendship Forest as an Urban Redevelopment Area. Awet Eyasu seconded the motion. A vote was called and the motion carried (4, 0).
 
F5) Adopt Resolution of the City of Clarkston, Georgia Designating Urban Redevelopment Plan 
Vice Mayor Moore asked for a motion. Ahmed Hassan made a motion to adopt the Urban Redevelopment Plan of the City of Clarkston – Friendship Forest Wildlife Sanctuary. Awet Eyasu seconded the motion. A vote was called and the motion carried (4, 0). 
 
F6)  Adopt Resolution to Authorize the Urban Redevelopment Agency of the City of Clarkston to Transact Business and Exercise Powers under the Provisions of the Urban Redevelopment Laws
Vice Mayor Moore asked for a motion. An Activating Resolution of the City of Clarkston, Georgia to Authorize the Urban Redevelopment Agency of the City of Clarkston to Transact Business and Exercise Powers under the Provisions of the Urban Redevelopment Laws.  Mario Williams seconded the motion. A vote was called and the motion carried (4, 0).
 
F7) Call for Special Election and Set Qualifying period
The City Clerk reported that at the November 1, 2016 Council Meeting, the Council accepted the resignation of Robert Hogan and adopted a resolution confirming the vacancy of his council seat. The next regular municipal election occurs more than twelve (12) months from the date of the confirmation of the vacancy. Therefore a special election shall occur in order to fill the vacancy on March 21, 2017. The successful candidate will fill the remainder of the unexpired term of office which concludes on December 31, 2017.  Staff has recommended setting the qualifying period for the Special Election for the week of Monday, January 9 to Friday, January 13th, 2017 from 9:00am to 4:30p. This is the first full week of operations after the holidays.
Awet Eyasu made a motion to set the special election for March 21, 2017 and to set the qualifying period for the Special Election for Monday, January 9 to Friday, January 13th, 2017 from 9:00am to 4:30pm each day. Mario Williams seconded the motion.  A vote was called and the motion carried (4, 0). 
 
F8) Approve Construction Agreement with CSX Transportation, Inc.
Mr. Barker updated that the City of Clarkston is scheduled to begin construction of the Streetscape and Pedestrian Enhancement project in the 3rd quarter of 2017. A majority of the construction will occur within right-of-way of CSX Railroad. Construction of the project will entail relocating existing signals to accommodate sidewalk installation, relocation of gates, relocation of signals and improvements at two crossings, all of which will be performed by CSX Transportation. CSXT will provide construction engineering and inspection services, flagging protection services and accounting and administrative services related to the oversight of this project. 
An estimate of $440,619 has been developed by CSXT for provision of these services throughout the duration of the Streetscape project; the amount of which has been included in the attached agreement. Upon execution and delivery of the notice to proceed with the project, The City of Clarkston must deposit with CSXT a sum equal to the estimate. CSXT will reconcile actual expenses incurred at the end of the project. 
Mario Williams made a motion to approve the Construction Agreement between CSX Transportation, Inc. and the City of Clarkston. Ahmed Hassan seconded the motion. A vote was called and the motion carried (4, 0).
 
F9)  Approve Contract for Municipal Court Judge Services with David C. Will
Vice Mayor Moore reported that Mr. Will had attended the Work Session. Mr. Barker advised that the City of Clarkston advertised and received proposals from qualified individuals interested in providing these services. A short list of proposers was developed and interviews were conducted by the members of the Public Safety and Legal committee and the City Manager. The Public Safety Committee has recommended that Mr. David C. Will be appointed as the Municipal Court Judge effective January 1, 2017. 
The attached Agreement outlines the services to be provided by Mr. David C. Will and sets the level of compensation which will be $2,000 per month. The initial term of the agreement will be for one (1) year and will be renewable annually.
 
Mario Williams made a motion to approve the Contract for Municipal Court Judge Services with David C. Will. Awet Eyasu seconded the motion. A vote was called and the motion carried (4, 0).
 
F10) Approve Contract for Municipal Court Solicitor Services with Donna Gopaul
Vice Mayor Moore reported that Ms. Gopaul was also at the Work Session and looked forward to working with the City of Clarkston.  The City Manager confirmed the selection process had been the same as for the Judge. 
 Mario Williams made a motion to approve the Contract for Municipal Court Solicitor Services with Donna Gopaul.  Ahmed Hassan seconded the motion. A vote was called and the motion carried (4, 0).
 
G.  REPORTS:  
1)  Planning & Zoning Report 
No Report
 
2) City Manager’s Report
The City Manager provide the Financial Report thru November 30, 2016.
 
3)  City Attorney’s Report
Stephen Quinn stated that there has been a delay in the 40 Oaks transfer to Clarkston with due to the transition to the new DeKalb County CEO. 
 
4)  Council Remarks
Awet Eyasu reported on his attended meetings during the month of November. 
 
5)  Mayor’s Report
 
The Vice Mayor reported on the successful Tree Lighting event and the excellent entertainment that was provided. 
EXECUTIVE SESSION
Awet Eyasu made a motion to go into executive session to discuss a Personnel Matter.
Mario Williams seconded the motion.  A vote was called and the motion carried (4, 0).
Executive Session- Personnel Matter
 
Awet Eyasu made a motion to close the executive session. Mario Williams seconded the motion.
A vote was called and the motion carried (4, 0).
 
Open Session
 
Awet Eyasu made a motion to adjourn the meeting. Dean Moore seconded the motion.  A vote was called and the motion carried (4, 0).
 
Meeting adjourned.
 
 
 
ADJOURNMENT:
 
You are here: Government Council Minutes Council Minutes Tuesday December 6, 2016