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Council Minutes, Tuesday, June 3, 2016

MINUTES
CLARKSTON CITY COUNCIL
Tuesday June 7, 2016 
Officials Present
Mayor: Ted Terry
Council: Dean Moore, Mario Williams, Awet Eyasu, Ahmed Hassan Robert Hogan, Beverley 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, Beverley Burks, Robert Hogan, Mario Williams
Absent: Ahmed Hassan
 
Pledge of Allegiance
 
PRESENTATION/ ADMINISTRIVE BUSINESS:
C1)  Approve Council Minutes for 5-3-2016 Council Meeting
Awet Eyasu made a motion to approve the Council minutes from the May 3, 2016 meeting. Beverly Burks seconded the motion. A vote was called and the motion carried (5, 0).
C2) Introduce New Hires:  The City Manager introduced the recent new employees:  Gabrielle Hartley (Administrative Coordinator), Jonathan English and David Rainwater (Public Works Staff).
C3)  Presentation by GA Tech Professor Kim on a Community Engagement Survey
Mayor Terry opened the floor for a motion on agenda items
Awet Eyasu made a motion to amend the agenda and strike items F7 – F10.  Robert Hogan seconded the motion. A vote was called for and the motion carried (5, 0).
 
PUBLIC COMMENTS
Pastor Griffith from Word of Life Church in Tucker presented a request to use the Milam Pool for a Baptism ceremony. 
Warren Hadlock requested that the proposal to allow employees to be off for voting purposes be tabled until further data available. Councilwoman Burks provided the payroll cost figures for allowing employees to be off on election days. He asked that the council consider holding the National Night Out event in the neighborhoods rather than a central event at the park. He stated if the budget could be funded by the rollback millage rate, then the city should reduce the millage rate for 2016.  He expressed concern with giving non-citizens the ability to vote in future City elections. 
 
OLD BUSINESS
None
 
NEW BUSINESS
F1)  Approve Retail Package Alcohol License application – JB Liquor 
Mr. Barker detailed that the new owner of the JB Liquor Store has made application for an alcohol beverage, license for Beer/Wine/Malt and Liquor beverages for retail package sales. To date: all of the required inspections have been performed and passed as well as all of the required background checks completed and verified by Code Davis. Location meets minimum distances as defined by the Code. The ARC has performed a thorough review of the various components to this application. The ARC recommends that the Mayor and Council approve the alcohol beverage license application for Beer/Wine/Malt and Liquor Beverages for Fanny and Kesha LLC DBA JB Liquor Store. 
 
Mario Williams made a motion to approve the alcohol application for JB Liquor Store.  Awet Eyasu seconded the motion.  A vote was called and the motion carried (5, 0).
 
F2)  Approve Retail Package Alcohol License application – MBH Supermarket 
The City manager stated that the owner of the MBH Supermarket has made application for an alcohol beverage, license for Beer/Wine/Malt beverages for retail package sales. To date: all of the required inspections have been performed and passed as well as all of the required background checks have been passed and verified by Code Davis. Location meets minimum distances as defined by the Code. The ARC has performed a thorough review of the various components to this application. The ARC recommends that the Mayor and Council approve the alcohol beverage license application for Beer/Wine/Malt Beverage.
 
Awet Eyasu made a motion to approve the retail Beer/Wine/Malt beverages for MBH Supermarket.  Mario Williams seconded the motion.  Discussion:  Dean Moore stated the council is working to understand the social conditions that surround the package stores.  Their concerns do not affect this store specifically, but that there have been stores in the past that have allowed consumption of alcohol on the premises and he encouraged the business owners to enforce that law.  Mario Williams stated a concern with Clarkston having multiples alcohol stores stacked next to each other. He stated the council may consider a future moratorium to study this situation and look to implement a distance requirement between future retail alcohol locations to better address the situation from a holistic perspective. Further discussion on the penalties faced by businesses that violate the consumption on premises by retail package store. 
A vote was called for and the motion carried (5, 0).
  
F3)  Approve Retail Package Alcohol License application – Super Fresh 
Mr. Barker advised that the Alcohol Review Committee (ARC) has received and reviewed a new alcohol beverage license application for Beer/Wine/Malt Beverage for package sales from Super Fresh Foods, located at 4604 E Ponce de Leon Ave.  The request is a recent ownership change.  To date: all of the required inspections and the required background checks have been performed and passed. The location meets minimum distances as defined by the Code. The ARC has performed a thorough review of the various components to this application. The ARC recommends that the Mayor and Council approve the alcohol beverage license application for Beer/Wine/Malt Beverage.
 
Mario Williams made a motion to approve the retail alcohol beverage license for Super Fresh.  Dean Moore seconded the motion. A vote was called and the motion carried (5, 0).
 
F4)   Public Hearing on the Clarkston 2040 Comprehensive Plan 
Mr. Barker stated that the City of Clarkston hired Tunnell-Splangler-Wash (TSW) and Associates  to perform an in-depth review of the Clarkston Comprehensive Plan, respectively known today as the 
“Clarkston 2040” Comprehensive Plan. Comprehensive plans are updated to assist local constituents to track implementation of community based polices by creating an environment of predictability for the business industry, investors, property owners, tax payers and the general public.
 
The purpose of this item is to provide an update on the assessment and scoping process; provide background and feedback regarding the update process; summarize the consultant’s assessment of the Clarkston 2040 Comprehensive Plan update and provide the public an arena to offer comments and public feedback on the draft document.  The draft report identifies strengths and weaknesses and offers suggestions for improvement.  
 
The consultants have completed their assessment, while working with the Steering Committee and the City has hosted a Project Kick off meeting, and two (2) Planning Forums to attain comments to produce the draft.  Mr. Barker advised that the State requires one public hearing, but that Clarkston will hold two public hearings to ensure the public had ample opportunity to provide feedback on the draft. Mr. Barker introduced representatives of TSW who provided additional information on the process. 
 
Open Public Hearing – Mayor Terry opened the public hearing for public comments. No public comments. 
 
 F5)  Approve 2016 Proposed Advertised Millage Rate
The City Manager advised that the City has received our third Valuation report from DeKalb County in preparation for the millage adoption process.  The current projected Clarkston Net Tax Digest is $146,480,286. The 2015 Net Tax Digest for Clarkston was $109,022,024. This represents an increase of $37,458,262 in our Net Tax Digest. 
He notified that the Council must vote to set a proposed advertised millage rate at the June 7, 2016 Council Meeting. This is the millage rate that will be advertised for public information.  The proposed millage is not necessarily the same rate the Council would eventually adopt.  The final rate adopted millage rate may be the same as the proposed (advertised) rate or lower than the proposed rate.  The Council adopted millage rate cannot be higher than the proposed (advertised) millage rate. Staff recommends setting the 2016 Advertised Millage Rate at 17.11 mills for fiscal year 2016.  Further discussion on the millage rate advertising requirements. 
 
Robert Hogan made a motion to set the advertised millage rate for 2016 at 17.11 mils. Awet Eyasu seconded the motion.  A vote was called and the motion carried (5, 0). Discussion to set the dates for the required three public hearings.
 
Robert Hogan amended his motion to establish that the public hearings would be held on June 29 at 3:00pm, July 5 at 10am in the City Hall annex and July 5 during the regular meeting. Mario Williams seconded the motion.  A vote was called and the motion carried (5, 0).
 
F6)  Adopt Resolution Authorizing Tax Anticipation Note (TAN)
The City Manager detailed the need for the Tax Anticipation Note to alleviate the City cash flow issue until tax revenues are received in the fourth quarter. Staff has obtained a quote from BB&T Bank for the issuance of a TAN in the amount of $770,000 with an anticipated closing date of June 14, 2016 with full payment due of principal and interest on December 31, 2016. The interest rate charged on the principal balance will be approximately 1.48% annually amortized over 200 days.  Accordingly, the interest payments to BB&T will be approximately $6,033. The 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.
 
Beverly Burks made a motion to adopt the attached TAN resolution and associated documents. Mario Williams seconded the motion.  A vote was called and the motion carried (5, 0).
 
F7)  Adopt Section 708 Town Center (TC) Zoning District Text Amendment (TABLED)
F8)  Approve contract with Leach Landscaping, Inc. - E. Ponce de Leon Sidewalk Improvements Phase II (TABLED)
F9)  Approve Temporary Construction Easement from Carriage Oaks I, II, III, Inc. for the Phase II East Ponce de Leon Sidewalk Improvements Project (TABLED)
F10) Approve Temporary Construction Easement from Fodrie Enterprises, Inc. (Custom Color) for the Phase II East Ponce de Leon Sidewalk Improvements Project (TABLED)
 
F11) Amend Chapter 11 – Personal Services required to maintain Regulatory Authorization 
Mr. Barker stated that the purpose of this item is to close a potential loophole.  Currently any business required by state law, county ordinance, or city ordinance to obtain any health permit, bond, certificate of qualification, certificate of competency, or any other regulatory authorization shall first, before the issuance of city business license or registration, show evidence that such requirements have been met can be required to provide those proof of permits after the issuance of the business license.  
The ordinance amendment will clarify that businesses and individuals required to obtain a regulatory license to perform certain personal services must maintain such authorization in good standing at all times when practicing the regulated trade within the City.
 
Awet Eyasu made a motion to amend Chapter 11 Personal Services required to maintain Regulatory Authorization.   Dean Moore seconded the motion.  A vote was called and the motion carried (5, 0). 
 
F12) Amend Chapter 3 to remove COAM Prohibition
Mr. Barker stated that the existing City ordinance prohibits retail dealers of alcoholic beverages from offering machines operated for amusement purposes at their retail premises. The Supreme Court ruled in the case of “Gebrekidan v. City of Clarkston” that the City cannot legally regulate certain bona fide coin-operated machines that are regulated by the State of Georgia. The ordinance further defines that amusement machines such as pinball, pool tables and jukeboxes are prohibited in retail package alcohol store. 
Dean Moore made a motion to approve the Chapter 3 Ordinance Amendment to remove the prohibition of coam in retail package store.  Robert Hogan seconded. Discussion. Awet Eyasu stated that he knew this was beyond the council’s control but he wished they did not have to approve the amendment.
The Mayor called for the vote (yes – 2, Dean Moore, Robert Hogan). 
Mayor Terry requested the City Attorney address the purpose and requirement of the ordinance amendment.
Awet Eyasu and Mario Williams voted to abstain.
Discusssion.
Beverly Burks stated that she was not happy about the proposed amendment and she expressed concern that allowing coam operation in retail package establishments was a cocktail for disaster, but based on the Ga Supreme Court ruling and for the City to be compliant, she would vote yes with great reluctance.
Mario Williams changed his vote to yes.  Final Vote (yes- Dean Moore, Robert Hogan, Beverly Burks, Marion Williams, No/Abstain- Awet Eyasu).
 
Discussion on current penalties for violations of consumption on the premises in alcohol package stores. 
 
F13) Adopt Resolution to Recognize Election Day as Official City Holiday 
Awet Eyasu made a motion to send this item to the Community Development Committee. Beverly Burks seconded the motion. A vote was called and the motion carried (4 Yes- Awet Eyasu, Beverly Burks, Robert Hogan, Mario Williams, 1 No- Dean Moore).
 
F14) Approve Reschedule August Council Meeting
Mayor Terry explained the proposal to reschedule the August Council meeting to be held on Thursday, August 4th to allow Elected Officials to participate in the National Night Out, to be held Tuesday, August 2.  The City Manager concurred with former Councilman Hadlock’s suggestion to return to the neighborhood format for the National Night Out to encourage neighborhood watch participation. 
Dean Moore made a motion to reschedule the August Council meeting to Thursday, August 4. Beverly Burks seconded the motion.  A vote was called and the motion carried (5,0). 
 
REPORTS
1) Planning & Zoning Report
No Report  
 
2)  City Manager’s Report
Mr. Barker reported on the current budget status thru May 31, 2016. The City will be receiving 48 trees from the DeKalb Tree Bank and the City will supplement an additional 20 trees for installation along Market Street. 
 
3)  City Attorney’s Report
City Attorney reported that he would not be in attendance of the July Meeting but that Bryan Downs would be filling in.
 
4)  Council Remarks
Beverly Burks stated on June 29th a “Coffee with Charities event” will be hosted at the Refuge Coffee.
Robert Hogan reported on the status of the Transportation Committee and their intent to review stop signs, speed humps and general traffic issues in the city. He acknowledged that Ramadan is currently place.  He was a speaker with the Somalia Community Center and he had the privilege to address high school and college students.
Awet Eyasu reported he attended the Chamblee Summer Fest and he hoped the City could have a music festival in the future.
Dean Moore reported that the READY School is opening a location in Clarkston. He attended an art installation at the Indian Creek Elementary School. 
 
5)  Mayor’s Report- 
Mayor Terry invited everyone to come to Refuge Coffee on June 15 the Lyft company is having an orientation and driver signup for interested candidates from 4:30 -6p. He invited everyone to come to the Clarkston Mosque on Saturday 6:30 Breaking of the Fast. Mayor Terry hi-lighted the recent visit of European delegations that have visited Clarkston. 
Awet Eyasu made a motion to adjourn the Council Meeting.  Beverly Burks seconded the motion.  A vote was called and the motion carried (5, 0). 
 
Meeting adjourned. 
 
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