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City of Clarkston - Georgia - where possibilities grow

 

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Council Meeting Minutes July 6, 2017

MINUTES
CLARKSTON CITY COUNCIL
Thursday July 6, 2017
Officials Present
Mayor: Ted Terry
Council: Dean Moore Mario Williams, Awet Eyasu, Ahmed Hassan, Jamie Carroll, Beverly Burks
City Manager: Keith Barker 
City Clerk: Tracy Ashby 
City Attorney: Stephen Quinn
 
Mayor Ted Terry called the meeting to order at 7:30pm.
 
Roll Call: Dean Moore, Awet Eyasu, Ahmed Hassan, Jamie Carroll, Beverly Burks 
Absent: Mario Williams 
 
Pledge of Allegiance
 
C.  ADMINISTRATIVE BUSINESS/ PRESENTATION
C1) Approve Minutes for 6-6-2017 Council Meeting
Awet Eyasu made a motion to approve the minutes for the 6-6-17 Council Meeting.  Dean Moore seconded the motion.  A vote was called and the motion carried (5, 0). Dean Moore made a motion to approve the minutes for the 6-29-17 10:00am Special Call Meeting. Awet seconded the motion. A vote was called and the motion carried (5, 0). Dean Moore made a motion to approve the minutes for the 6-29-17 6:00pm Special Call Meeting. Awet seconded the motion.  A vote was called and the motion carried (5, 0). 
 
C2) Police Certificate of Appreciation OFC Konger
Chief Hudson presented a Certificate of Appreciation to OFC Konger for his swift response, sharp observation skills and tactics in apprehending three juvenile suspects.
 
C3) Audit Report for December 31, 2016- Mauldin & Jenkins.
Doug Moses provided a presentation of the Audit Report for December 31, 2016. Mr. Moses advised that the City received a clean opinion audit for the 2016 Audit and he commended Dan Defnall on efforts.
 
D. PUBLIC COMMENTS
Ben Hendrix, Poplar Drive, expressed concerns with the East Avenue annexation and potential hi-density and traffic issues with developing that area. 
 
Chris Busing Mauck Street, spoke on concerns of curtailing free speech and charging people for “Hate speech.”  He discussed issue with involving code enforcement at his home based remodeling business.  
 
Tracy Bishop, discussed the legislative change of Clarkston government to Council/Manager form of government. He read portions of the Bill of Rights. 
 
Amina Osman asked for support of a youth dancing group. 
 
Representatives for Exxon at 1051 Montreal Rd, discussed the concern of prohibition for them to have package alcohol sales due to 2016 Alcohol ordinance amendment. They requested the Council to meet with them to discuss the issue.
 
David Paul, Poplar drive, came to express concerns with the proposed annexation and rezoning of the East Ave properties.  He felt the rezoning would negatively impact the surrounding neighbors. 
 
Kevin Kiper, Carol Park, voiced concerns with the potential hi-density rezoning of the East Ave properties. 
 
Laura Hopkins, Poplar, appreciated the current pedestrian access for the parks and the library and her concern that the proposed annexation and rezoning would drastically increase automobile traffic and impeded continued pedestrian access. 
Teresa Best, just outside the city, expressed concern that the proposed East Ave annexation and rezoning would directly impact her property with increased hi-density traffic.
 
Warren Hadlock, W Smith St, admired the Council for their work to limit additional package alcohol sales, but he did have empathy for the Montreal Rd property being restricted from alcohol sales. 
 
John Beck, Orchard Street, voiced a similar concern for the Montreal road business. 
 
Mayor Terry closed Public comments
 
Jamie Carroll moved to amend the agenda to remove the agenda items for Public Hearing for Zoning Designations for 3827 East Avenue, 3835 East Avenue and 3861 East Avenue, as well as removing the portion intending to adopt an ordinance to assign those designations to 3827 East Avenue, 3835 East Avenue and 3861 East Avenue.  Dean Moore seconded the motion.  A vote was called and the motion carried (5, 0). 
 
Jamie Carroll made a motion to amend the agenda to add item to vote on the members of the Charter Review Committee from the applications received as well as the two members from the Council. Awet Eyasu seconded the motion.  Discussion- Mayor Terry objected to forming an incomplete Committee as they did not have five residents to serve on the Committee. Jamie Carroll advised they spoke with the City Attorney who confirmed the committee would have a sufficient quorum to begin meetings and the November completion deadline was compelling reason to begin working on the review.  The Council could proceed with approving the final resident member at the August meeting. Mayor Terry asked the City Attorney to advise the form this action would take and Stephen Quinn stated it would be an appointment naming between 1 to 7 members. A vote was called and the motion carried (5, 0). 
 
E. OLD BUSINESS
None
 
F.NEW BUSINESS
F1) Millage Rate 2017 Adoption
The City Manager gave a power point presentation on the proposed 2017 Millage rate. 
Public Hearing – Mayor Terry opened the Public Hearing to take public comment on the 2017 Millage Rate.
No Public Comments.
Awet Eyasu made a motion to adopt the millage rate of 15.89 for 2017. Jamie Carroll seconded the motion.  A vote was called and the motion carried (5, 0).
 
F2)  Approve Application for Beer/Wine Alcohol License - Sarem Café 4260 E Ponce de Leon Ave
Mr. Barker reported that the Alcohol Review Committee (ARC) has received and reviewed a new alcohol beverage license application for Beer/Wine/Malt Beverages.  The location to be considered for this alcohol beverage license is Sarem Café located at 4260 E Ponce de Leon Ave. All of the required inspections for alcohol application have been performed and passed as well as all of the required background checks, to include FOG, Department of Health and Certificate of Occupancy have been approved/issued.  The owner has been informed that the City will be closely reviewing all quarterly food/alcohol to ensure that they are in compliance with all applicable codes, including Sec. 3-27, which articulates the provisions for by-the-drink sales of alcohol only being allowed at bona fide restaurants.  
Jamie Carroll made a motion to approve Sarem Café for the Beer/Wine Alcohol License.  Beverly Burks seconded the motion, A vote was called and the motion passed (5 – Yes Dean Moore, Awet Eyasu, Jamie Carroll, Beverly Burks.  Ahmed Hassan abstained.)
 
F3)  Approve Reschedule August Council Meeting
Mr. Barker reported that the Council Meeting falls regular on the first Tuesday of each month.  In August that night is also the National Night Out Event that the City annually participates in so staff recommends that the Council vote to reschedule the August Council Meeting from Tuesday, August 1 to Wednesday, August 2, 2017.  
Beverly Burks made a motion to reschedule the August council meeting to participate in the National Night Out Event to Wednesday, August 2, 2017.  Dean Moore second the motion.  A vote was called and the motion passed (5, 0).
 
F4)  Adopt Local Property Maintenance Code Provisions for the City in Addition to the International Property Maintenance Code
Mr. Barker advised that the City previously adopted the City has previously adopted the International Property Maintenance Code, but the International Code does not specifically address every problematic property condition found in Clarkston.  If these issues are left unregulated, they may become a threat to public safety and the general welfare, as well as having a negative impact on property values. Staff recommends adopting reasonable local property maintenance regulations in addition to the International Property Maintenance Code to prevent potential negative impacts on the City. Awet Eyasu questioned if this needed to be passed in two consecutive meetings.  Mr. Quinn reported there is no requirement for adoption at two meetings for items other than Charter changes. 
Dean Moore made a motion to adopt the Local Property Maintenance Code Provisions for the City in addition to the international Property Maintenance Code; to provide definitions; to provide for enforcement and penalties; and for other purposes. Awet Eyasu seconded the motion.  A vote was called and the motion passed (5, 0). 
 
F5)  Public Hearing:  Zoning Designation for 679 Glendale Road
Mr. Barker reported that the property as known as True Church of God in Christ located at 679 Glendale Road, in unincorporated DeKalb County has a desire to expand their existing parking lot.  They have made arrangements to purpose a vacant portion of the contiguous property which is within the City of Clarkston. The Church is requesting to be annexed into the City of Clarkston and rezoned to become one complete parcel.  The current DeKalb zoning is M-Light Industrial and the recommendation is to designate the zoning to I-Light Industrial (City of Clarkston).     
Mayor Terry opened the Public Hearing.
Mayor Terry called for any speakers in support of the Zoning Designation: No Comments
Mayor Terry called for any speakers in opposition of the Zoning Designation: No Comments
Mayor Terry closed the Public Hearing.
 
F6)  Adopt Ordinance to Annex Property Known as 679 Glendale Road
Mr. Barker asked the Council to consider adopting the ordinance to annex the property.
Awet Eyasu made a motion to adopt the Ordinance to Annex Property 679 Glendale Road. Ahmed Hassan seconded the motion.  A vote was called and the motion passed (5, 0).
 
F7)  Adopt Ordinance to Assign Zoning Designation to 679 Glendale Road
Beverly Burks made a motion to assign the zoning classification of I-Light Industrial to the property 679 Glendale Road.  Dean Moore seconded the motion.  A vote was called and the motion passed (5, 0).
 
F8)  Public Hearing:  Zoning Designation for 3827 East Avenue
Item removed by Council Motion
 
F9)  Public Hearing:  Zoning Designation for 3835 East Avenue
Item removed by Council Motion
 
F10) Public Hearing:  Zoning Designation for 3861 East Avenue
Item removed by Council Motion
 
F11) Adopt Ordinance to Annex Property Known as 3827, 3835 and 3861 East Avenue
Mr. Barker advised this was originally an annexation request via the 100% method. They also made an additional request for a rezoning.  Under ordinance review, where an annexation request is considered, the zoning classification that is closest to the existing designation in the incorporated area or the zoning that is contiguous to the property would be assigned. Since the time of the initial application the property owners have expressed a desire to withdraw their request for annexation.  Council is asked to vote on the request to annex the three parcels. 
Beverly Burks made a motion to deny the application for annexation 3827, 3835 and 3861 East Avenue.  Dean Moore seconded the motion. Discussion that they could proceed with the rezoning request thru DeKalb County.  Residents were asked to reach out to the DeKalb Commissioners to voice their opposition to any rezoning. A vote was called and the motion passed (5, 0). 
 
F12) Adopt Ordinance to Assign Zoning Designation to 3827 East Avenue
No Action
 
F13) Adopt Ordinance to Assign Zoning Designation to 3835 East Avenue
No Action
 
F14) Adopt Ordinance to Assign Zoning Designation to 3861 East Avenue 
No Action
 
F15)  Appoint Charter Review Committee Members
Jamie Carroll advised that the Council authorized the formation of a Charter Review Committee at the June meeting and that four applications were received by the posted deadline: Brian Medford, Emanuel Ransom, Warren Hadlock and Susan Hood.  He proposed that the Council vote to approve the submitted/reviewed applications to stay on track with the November deadline to complete the Charter Review. 
Beverly Burks made a motion to accept the application for the Charter Review Committee from Brian Medford, Emanuel Ransom, Warren Hadlock, Susan Hood and include Dean Moore and Mario Williams. Dean Moore seconded the motion. Discussion: Mayor Terry objected to voting on the item when he thought it would be held at the August meeting. Beverly Burkes advised she reached out to the Chair of the Legal SAC Committee (Mario Williams) about the four applications received within the three week timeframe and suggested confirming those for the Charter Review Committee. Further discussion on the item.  Beverly Burks and Dean Moore called for the question. Mayor Terry suggested that the Charter Review Committee review the two later received applications and confirm the final member at their first meeting. Jamie Carroll stated that the Committee is not empowered to determine the members; only the Council can appoint members and that he was open to confirming the fifth member at the August meeting. Beverly Burks discussed that the meetings are open to the public, so the potential candidates can participate in the interim. The vote was called and the motion carried (5, 0).
 
G.  REPORTS:  
 
1)  Planning & Zoning Report 
Shawanna Qawiy reported four sign permits were approved at the June Planning and Zoning Meeting.  The four sign locations were: Ponce Café- 3652 Market Street, EZ Style Barker & Beauty Shop- 926 Montreal Rd, 4 Sisters Asian Grocery-1345 Brockett Rd, Mahi Hair Salon- 4622 E Ponce de Leon Ave.  Mrs. Qawiy reminded there would be a discussion on cottage homes on Vaughn Street July 8 at Refuge Coffee. The propose Cottage Home ordinance will be reviewed by Planning and Zoning Committee on July 18 and before the Council at their August 2nd meeting. Beverly Burks questioned if the Planning and Zoning Committee could make a review of the current zoning ordinance and make recommendations for changes to the Council on an annual basis? Mrs. Qawiy advised that they could discuss and gain further clarity on the specifics of the Council request. 
 
2) City Manager’s Report
The City Manager reported that the Clarkston Streestcape and Pedestrian Improvements out for bid and that the bid opening will be August 1st. He stated that in advance of the project, DeKalb County will be replacing the water main line on E Ponce de Leon, Market Street and Norman Rd starting in August or September. He encouraged everyone to come participate in the National Night Out Event on August 1 at the Tahoe Shopping Center. He provided the financial report thru June 2017. 
 
3)  City Attorney’s Report
Stephen Quinn reported that HR 3003- No Sanctuary Cities, is a pending federal bill that if passed intends to remove provide for restrictions on some federal fund grants for cities that adopt ICE non detainer policies. He will continue to monitor and advise of any further developments. 
 
4)  Council Remarks
Dean Moore discussed the progress within the city since 2007 as relates to financial and streetscape process. He commended the City Manager and the staff.
Awet Eyasu reported on the Refugee Panel that he and the Mayor participated on at the Civil Rights Museum.  He discussed the Iftar breaking of the fast celebration he attended for Ramadan. On June 23- 27 he Dean and Beverly attended the GMA convention and he discussed the classes he attended. 
Jamie Carroll stated he looked forward to the Tiny House ordinance and he thanked the Mayor and Council for their recommendation and feedback on the ordinance.  He encouraged interested residents to attend one of the upcoming meeting - July 8 Refuge Coffee, July 18 Planning & Zoning Meeting or August 2 Council Meeting.
Beverly Burks reported on the classes and meetings she attended at the GMA convention and thanked the City of the educational opportunities it provided.  She discussed that the Community and Urban Development Committee will be looking into Community and Art projects as well as convenience stores and storage facilities.  
 
5)  Mayor’s Report
Mayor Terry stated he supported the Montreal Rd convenience store in their alcohol application process. He reported he attended the US Conference of Mayors in Miami and that they approved a commitment to 100% clean energy by 2050.  He also attended the Global Mayors Forum on Human Migration in Berlin. He also encouraged residents to participate in the upcoming tiny house meetings
 
EXECUTIVE SESSION:   
Awet Eyasu made a motion to go into Executive Session to discuss a legal matter.  Jamie Carroll seconded the motion.  A vote was called and the motion carried (5, 0).
 
Jamie Carroll made a motion to close the Executive session and go into Open Session.  Awet Eyasu seconded the motion.  A vote was called and the motion carried (5, 0).
 
Jamie Carroll    made a motion to adjourn the meeting. Awet Eyasu seconded the motion.  A vote was called and the motion carried (5, 0).
Meeting adjourned.
 
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