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City of Clarkston - Georgia - where possibilities grow

 

where possibilities grow

Council Meeting June 6, 2017

MINUTES
CLARKSTON CITY COUNCIL
Tuesday June 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, Mario Williams, Awet Eyasu, Ahmed Hassan, Jamie Carroll, Beverly Burks 
 
Pledge of Allegiance
 
C.  ADMINISTRATIVE BUSINESS/ PRESENTATION
C1) Approve Minutes for 5-2-2017 Council Meeting 
Awet Eyasu made a motion to approve the minutes for the 5-2-17 Council Meeting.  Jamie Carroll seconded the motion.  A vote was called and the motion carried (6, 0).
C2) Recognize New Hire – John Bell, Darion Hammonds, Ofc.Walker, Ofc.Haygood, Sgt. Manos
Mr. Barker introduced new hire Public Works employees John Bell, Darion Hammonds and Police staff Officer.Walker, Officer.Haygood and Sgt. Manos.
C3) Police Certificate of Appreciation 
Chief Hudson presented a Certificate of Appreciation to Detective Jason Elliott for his Outstanding Community Outreach in his Professional and Compassionate interactions in working with the Atlanta Area School for the Deaf.  
Assistant Chief Brown spoke on his Leadership Class at the Southern Police Institute with the University of Kentucky.
 
D. PUBLIC COMMENTS
Bob Boyd, DeKalb Habitat for Humanity discussed their strategic plan to build 20 homes, with 10 being traditional size and 10 “tiny” homes and his hope they could partner with the City.
 
Mayor Terry closed Public comments
 
C4) Proclamation Recognizing the Clarkston High Soccer Team
Mayor Terry recognized the 2017 Clarkston High School Boys Soccer Team. Principal Michelle Jones and Coaches Goodman Coach Nimene spoke on the success of the team. Mayor Terry read the proclamation.
 
E. OLD BUSINESS
 
None
 
F.NEW BUSINESS
F1)  Approve 2017 Proposed Advertised Millage Rate
The City Manager stated that the City has received the first Valuation reports from DeKalb County in preparation for the millage adoption process.  The current 2017 projected Clarkston Net Tax Digest is $163,210,986. The 2016 Net Tax Digest for Clarkston was $145,131,234. This represents an increase of $18,079,752 in our Net Tax Digest.
Mr. Barker explained that the calculated rollback millage rate for 2017, (rate which applied would net the city the same tax revenue amount as last year) is 13.824 mils. The rollback millage rate for 2017 is lower than the 2016 adopted millage rate of 15.890 mils due to an increase in the net digest. However, the FY’ 2017 adopted budget assumes revenue generated from Real Property Tax, Personal Property Tax and Motor Vehicles Tax at $2,559,002 as compared to $1,984,282 in the FY’ 2016 budget.
He explained the millage adoption process and advised that the Staff recommends setting the 2017 Advertised Millage Rate at 15.890 mils.  
Dean Moore made a motion to advertise the 15.890 millage rate for 2017. Awet Eyasu seconded the motion.  A vote was called and the motion carried (6, 0). 
 
F2)  Schedule Millage Special Call meeting and reschedule July Council 
Mr. Barker reported that the Council must hold three public hearings for the millage adoption and Staff is recommending holding two of them on June 29, with one starting at 10am and the second starting at 6pm.  Additionally, staff is recommending to reschedule the July 4th Council Meeting to July 6th to avoid any availability conflicts with the national holiday. 
Dean Moore made a motion to two millage special call hearings on June 29 at 10:00am and 6:00pm and to reschedule the July 4th Council meeting to Thursday, July 6th.  Beverly Burks seconded the motion.  A vote was called and the motion carried (6, 0).
 
F3)  Confirm City Clerk as Elections Superintendent
Mr. Barker advised that State Law requires the appointment of the Elections Superintendent.  The City Clerk has historically held this positions and staff recommends appointing the City Clerk as the Municipal Elections Superintendent for the November 7, 2017 election.  
Ahmed Hassan made a motion to confirm the City Clerk as the Elections Superintendent.  Beverly Burks seconded the motion.  A vote was called and the motion carried (6, 0).
 
F4)  Issue Call for Election and Set Qualifying period for November General Election
Mr. Barker reported that State Law requires the setting of the qualifying period for the General Election. Historically Clarkston has set the qualifying period for General elections for five day ranges.  Staff recommends setting the Call for the November 7, 2017 General Election and to set the qualifying period for the General Election for five days from Monday, August 21, 2017 (9:00am) until Friday, August 25, 2017 (4:30pm).
Beverly Burks made a motion to Call for the November 7, 2017 General Election and to set the qualifying period for the General Election for five days from Monday, August 21, 2017 (9:00am- Normal Business hours) until Friday, August 25, 2017 (4:30pm). Jamie Carroll seconded the motion.  A vote was called and the motion carried (6, 0).
 
F5)  Amend Chapter 16 -Patio Ordinance Dining 
Jamie Carroll stated that the proposed ordinance allows restaurants in Clarkston to have outside seating and to permit outside eating and drinking. He advised that the council felt this would bring more businesses into the City and to encourage more people to visit downtown Clarkston. The businesses would have to apply for a permit with the City that would last for one year.
Mario Williams made a motion to amend Chapter 16 for the Patio Dining Ordinance. Awet Eyasu seconded the motion.  A vote was called and the motion carried (6, 0).
 
F6)  Consider Resolution Authorizing Tax Anticipation Note (TAN) 
Mr. Barker advised receive approximately 61% of our total anticipated revenue for fiscal year 2017 between the months of September and December. The majority of this revenue comes from property taxes, insurance premium payments and municipal court fines. The bulk of this revenue; property taxes and insurance premium payments, is received during the months of September, October and November. A detailed schedule of monthly cash flow projections for the remainder of 2017 reflects an expected deficiency balance in operating cash of approximately $248,000 at the end of July 2017 and topping out with a deficit balance of $650,000 by the end of August 2017.   
Given that tax proceeds are not received until the 4th quarter of the fiscal year within which they are budgeted, this fiscal reality is not unusual. Many Georgia counties and municipalities take advantage of a State Law that authorizes the issuance of a Tax Anticipation Note (TAN), which will allow borrowing funds sufficient to cover the temporary cash flow deficit. Funds borrowed must be repaid in full prior to December 31st of each year. 
Staff has received a quote from BB&T Bank for the issuance of a TAN in the amount of $650,000 with an interest rate of 1.85% annually amortized over 200 days.  Accordingly, the interest payments to BB&T will be approximately $6,589. Additionally, issuance of a TAN requires preparation of the TAN resolution and other associated documents by a bond attorney. The fee for the bond attorney will be $5,000. Mr. Barker discussed options to consider with the millage adoption process to eliminate the need for future TAN loans.
Ahmed Hassan made a motion to adopt the attached Resolution Authorizing, Among Other Things, the Issuance and Sale of a Tax Anticipation Note in the Principal Amount of $650,000. Dean Moore seconded the motion.
Discussion.  Dean Moore discussed the benefits of increasing the fund balance to have available funds to cover unexpected expenditures, such as the 40 Oaks improvements needed.  
A vote was called and the motion carried (6, 0).  
 
F7)  Consider Conditional Use Permit – 4122 East Ponce de Leon
The Planning and Development Manager, Shawanna Qawiy, advised that the Bhutanese Hindu Community of Georgia is requesting to conditionally permit a place of assembly at 4122 E. Ponce de Leon Avenue, Suite 8.  The property is zoned as Town Center and is surrounded by uses that include a daycare, retail, professional offices and food marts.  Diagonally from the property, is Allen’s Car Care, located on Hill Street.  Directly behind the proposed location, in a separate building is the Decatur Pediatric Group.
The Council will hear the application for conditional use permits and determine (1) Whether the conditional use would be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood.  Staff’s position is that the proposed location will not impose a negative bearing on the use and enjoyment of the environment or the other property uses; (2) Whether the proposed conditional use would increase local or state expenditures in relation to cost of servicing or maintaining neighboring properties. Staff’s position is that an increase in local or state expenditures in relation to costs associated with servicing and maintaining neighboring properties cannot be determined at this time. (3) Whether the establishment of the conditional use would impede the normal and orderly development of surrounding property for uses predominant in the area. Staff’s position is that, the proposed use will not impede the normal and orderly development of surrounding property uses. The hours of operation will be Sunday through Saturday, from 9AM to 5PM. (4) Whether the location and character of the proposed conditional use would be consistent with a desirable pattern of development for the locality in general.  The location and character based on the zoning district will only permit this proposed use through the conditional use permitting process.
Further discussion on the proposed use of the business and that the conditional use would continue on the one suite of the property making the request.
Dean Moore made a motion to approve the conditional use application.  Mario Williams seconded the motion.  A vote was called and the motion carried (6, 0). 
 
F8)  Adopt Resolution to Create a Charter Review Committee
Dean Moore reported that since the City had moved to a Council/Manager form of government in 2010, there is a need to review the existing charter to consider any changes recommended. The Council has proposed forming a Charter Review Committee, with 5 resident members and 2 council members, to review the Charter and make those recommendations.
Awet Eyasu made a motion to adopt the resolution creating a Charter Review committee. Jamie Carroll seconded the motion.  A vote was called and the motion carried (6, 0). 
 
F9)  Approve the Safe Play Area Ordinance
Beverly Burks stated that the purpose is to approve an Ordinance to Amend Chapter 12, Article III, Concerning Offenses against Public Safety; And to require that Child Play Areas be located a Safe Distance from Major Streets or that a Guardrail be provided. The major streets that would fall under this ordinance would be, Brockett Road, Church Street, East Ponce de Leon Avenue, Montreal Road, Norman Road, and North Indian Creek Drive. Daycares operating on those adjacent to those major roads would need to have  “child play area” to be set back at least fifty (50) feet from the nearest right-of-way line or install approved guardrails between the right-of-way line of the ‘major road’ and the fence required by Zoning Ordinance Section 604(c).
 
Mario Williams made a motion to approve the Child Safe Play Area Ordinance.  Dean Moore seconded the motion.  A vote was called and the motion carried (6, 0).
 
G.  REPORTS:  
1)  Planning & Zoning Report 
Shawanna Qawiy reported that there are four annexations submitted via the 100% method.  These will be heard at the June 20 Planning and Zoning Meeting and go before the Council at the July 6th meeting.  The 679 Glendale location wants to expand their parking lot which is located in Clarkston.  The three properties are East Ave behind Milam Park and they wish to annex into the City for possible future townhome development.
 
2) City Manager’s Report
The City Manager provided the financial report thru May 31, 2017.  Chief Hudson and Assistant Chief Brown provided a report on burglary suppression efforts in the community. 
 
3)  City Attorney’s Report
Stephen Quinn –No Report
 
4)  Council Remarks
Dean Moore reported on a Board of Health Meeting he attended and his meeting with Hank Johnson and visiting the Ocilla detainee facility for ICE. He encouraged all foreign national residents to verify their status to help avoid any issues regarding ICE.
 
Awet Eyasu stated he also attended the Town Hall with Hank Johnson and it was very moving to hear the grievances of the families affected. He attended the ‘Tell Me A Story’ event and commended the success of the program.  
 
Beverly Burks thanked the staff for the Milam Pool opening.  She also attended Tell Me a Story and also participated in two of the Clarkston Speaks radio programs. She attended the DMA Monthly meeting, the Mural painting on May 20 as well as the Car Show. She discussed steps to properly handle notifications for lost or located pets. She reported on the attending the Town Hall meeting with Hank Johnson and conversations with the ICE agents at the Ocilla facility.
 
5)  Mayor’s Report
Mayor Terry discussed the withdrawal of the candidate for the vacancy in the Planning & Zoning Committee seat.  The Mayor stated he is re-opening the application process. He encouraged the Council to consider imposing a moratorium on storage units and discussed the proposed use under the LCI plan. The Mayor requested the council consider reviewing the current agenda setting process. The Mayor reported that the Animal Alliance of GA will provide educational flyers for the City to post on City social media sites.  Mayor Terry discussed that future HOST funds could possibly be used for Green initiatives in the City.  He provided information on a Free Citizenship clinic that will be held monthly at the Community Center. He is attending and speaking at the Global Mayors Forum on Human Migration in Berlin June 27th and 28th and that the United Nations Committee offered to fully fund the cost of the trip.
 
EXECUTIVE SESSION:   
Awet Eyasu made a motion to go into Executive Session to discuss a legal matter.  Dean Moore seconded the motion.  A vote was called and the motion carried (6, 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 (6, 0).
 
Beverly Burks made a motion to adjourn the meeting. Awet Eyasu seconded the motion.  A vote was called and the motion carried (6, 0). 
Meeting adjourned.
 
 
You are here: Government Council Minutes Council Meeting June 6, 2017