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City of Clarkston - Georgia - where possibilities grow

 

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Council Minutes, Tuesday, April 5, 2016

MINUTES
CLARKSTON CITY COUNCIL
Tuesday April 5, 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, Mario Williams, Ahmed Hassan, Awet Eyasu, Beverley Burks 
Absent: Robert Hogan,
 
Pledge of Allegiance
 
PRESENTATION/ ADMINISTRIVE BUSINESS:
C1)  Approve Council Minutes for 3-1-2016 Council Meeting
Dean Moore made a motion to approve the Council minutes from the March 1, 2016 meeting with changes requested. Awet Eyasu seconded the motion. A vote was called and the motion carried (5, 0).
 
C2) Recognize Public Works Director Rodney Beck- Advance Certificate of Public Works Management
The City Manager presented the Certificate to Public Works Director Rodney Beck and recognized his achievement.
 
C3) Recognize OFC Nam Le
Assistant Chief TD Brown presented Officer Nam Le with a Certificate recognizing him for outstanding performance in his duties by locating by providing detailed information on a murder suspect vehicle, which lead to the arrest of said suspect by DeKalb County Police.
 
PUBLIC COMMENTS
Robert Winfrey: Norman Road, requested the City to review the issue of a fence obstructing street view  for Mrs. Hicks on Norman Road.
 
OLD BUSINESS
None
 
NEW BUSINESS
F1)  Adoption of Section 708 Town Center (TC) Zoning District Text Amendment
Mr. Barker reported that the City of Clarkston had hired the Collaborative Firm, LLC to perform an in-depth review of Section 708, Town Center Zoning District which included the design guidelines located in Article X. Civic Design, cross- referenced for consistency with Article XI Parking and Loading Requirements of the Zoning Ordinance. A three (3) month schedule extending from October 2015 to December 2015 has taken place with four (4) committee meetings for Steering Committee members to meet, review the language in the ordinance, and provide recommendations based on the suggested deliverables. Steering committee members consisted of members of the City Council, Planning and Zoning board, local residents and business owners.  
The goals of the text amendments are to (1) improve the aesthetic appearance of the town center and encourage quality urban design, (2) create a vibrant mixed use town center that provides opportunities to live, work, play and shop, (3) implement LCI goals for land use, urban design, and streetscapes in the town center, (4) incorporate design guidelines into the zoning  district in order to  codify and strengthen regulations of urban design, (5) encourage walkable development to compliment planned streetscape improvements, (6) create standards for streetscapes on designated retail-oriented streets, (7) create incentives for mixed use development (8) encourage realistic economic development and redevelopment scenarios, (9) facilitate healthy lifestyles through urban design, and  (10) incorporate principles of Crime Prevention through  Environmental Design (CPTED).
  
The Consultant team presented the draft amendments to the Planning and Zoning Board on March 15th 2016. 
 
Awet Eyasu made a motion to refer this item to the Housing/Infrastructure Committee and the Community Development Committee.  Mario Williams seconded the motion.  A vote was called and the motion carried (5, 0).
 
 
F2)  Council Add Agenda Item
Beverly Burks made a motion to add an agenda item (F8) Resolution to the Agenda.  Mario Williams seconded the motion.  A vote was called and the motion carried (5, 0).
 
F3)  Approve the Contract with CHB Acquisition Services for Right-of-Way Acquisition Services Associated with the City Streetscapes and Pedestrian Enhancements Project
Mr. Barker detailed the City Streetscape & Pedestrian Enhancement project began with design services in the spring of 2014. The project has met the GDOT schedule at various critical milestones beginning with the approval of the Concept Report in March of 2015 and Environmental Approval in February of this year. The Preliminary Engineering plans have been approved by GDOT and the Right-of-Way (ROW) plans will be approved in April of this year. 
The next critical milestone event will be the state’s approval of the ROW plans and issuing a NTP to the city which will authorize negotiations to proceed on the 53 parcels associated with this project. A majority of the acquisitions will be driveway and temporary construction easements. The total amount of fee simple acquisition is less than 1/2 acre on the entire project.
Once GDOT approves the ROW plans and issues a NTP for the city to begin land acquisition, it is critical that the city proceed rapidly with acquisitions to ensure that ROW is certified (city has possession of the land within the construction limits) before March 2017. The project schedule reflects the city receiving Authorization “to let the project” to Construction no later than May 2017. 
 
In order to meet the above timeline and keep the project on track, the city will need to enlist the services of a GDOT Prequalified and experienced Right-of-way Services Consultant. This service was identified in AMEC’s contract in 2013. 
 
Staff developed a scope of services and solicited fee proposals from 2 firms. Based on the fees for the various tasks submitted by both firms, the City recommends CHB Acquisition Service, Inc. 
Staff is unable to provide council with a definitive lump sum fee for ROW services given the uncertainties of negotiations and whether acquisitions can occur utilizing one or more of the following approaches; “Detailed Cost Estimate” or “Appraisal”. As such, staff, based on the recommended firm’s scope and fee structure, would propose that the City Council approve a range of ROW Acquisition fees of $125,000 to $140,000. This range of fees is dependent on the number of appraisals that may be required if negotiations based on the Detailed Cost Estimate is unsuccessful.
 
Mr. Barker noted that if Condemnation is required, this range of fees for ROW Acquisition Services will be exceeded and a revised cost estimate and subsequent change order, will be required.
 
The fees for ROW Acquisition Services are funded through the Engineering Phase of the State Road & Tollway Authority (GTIB) loan.
 
Awet Eyasu made a motion to approve the contract with CHB.  Dean Moore seconded the motion.  A vote was called and the motion carried (5, 0).
 
F4)  Amend the FY2015 Operating Budget
Mr. Barker detailed the necessity and breakdown of amending the 2015 Budget.  The City of Clarkston approves an annual budget at the beginning of each fiscal year based on projected revenues and expenditures.  Throughout the year, various factors influence the budget which impacts projected revenues being realized and which affect necessary expenditures.  Typically, the City Manager and Finance Director would bring an updated budget amendment to the City Council prior to the end of the fiscal year which incorporates those changes.  However, due to staff transitions in the Finance Department, preparation of an amended budget document did not occur.  
 
The proposed budget amendment reflects the changes in priorities and projects that occurred during the year, and details the final projected revenues and expenditures for FY2015 for City Council consideration.
 
Ahmed Hassan made a motion to approve the 2015 FY Budget amendment.  Beverly Burks seconded the motion.  A vote was called and the motion carried (5, 0).
 
F5)  Adopt the Resolution to Amend the Employee Handbook Grievance Appeal Procedure
The City Manager stated that this item had been presented as a cost saving measure due to the expense of prior grievance hearings.  Staff requested to table the item indefinitely to study the issue further.
Mario Williams made a motion to table Resolution to Amend the Employee Handbook Grievance Appeal Procedure indefinitely.  
Awet Eyasu seconded the motion.  A vote was called and the motion carried (5, 0).
 
F6)  Adopt Resolution to Refer Study of Tobacco and Indoor Smoking Policies and Ordinances
Awet Eyasu read the resolution.  Awet Eyasu made a motion adopt the resolution to refer the Study of Tobacco and Indoor Smoking Policies and Ordinances to the Public Safety and Legal Committee.
Ahmed Hassan seconded the motion.  A vote was called and the motion carried (5, 0).
 
F7)  Adopt a Resolution Opposing Extension of Disastrous Trade Polices
Mayor Terry read the resolution. Dean Moore made a motion to adopt the Resolution Opposing Extension of Disastrous Trade Polices.  Mario Williams seconded the motion.  A vote was called and the motion carried (5, 0).
 
F8)  Resolution to Set Policy for Agenda Setting
Dean Moore read the resolution that specified only items that are submitted in advance of the council meeting and have the consent of two city council members, or by prior vote of the council, will be placed on the agenda. 
Dean Moore made a motion to approve the resolution. Beverly Burks seconded the motion.
Mario Williams made a motion to amend the resolution to include the definition that “In Advance” will be two weeks (14 days) prior to the Council Meeting.  Dean Moore seconded the motion.  Discussion.  A vote was called and the motion carried (4 Yes-Mario Williams, Dean Moore Beverly Burks, Ahmed Hassan, 1 No – Awet Eyasu).
 
A vote was called for Dean Moore’s motion to adopt the policy.  (4 Yes-Mario Williams, Dean Moore Beverly Burks, Ahmed Hassan, 1 No – Awet Eyasu).
 
REPORTS
1) Planning & Zoning Report
The Planning and Development Manager Shawanna Qawiy reported on the Comprehensive Plan 2040 Strategy meeting.  She advised that the Boundary and Survey report had been completed to incorporate the recent annex area. 
 
2)  City Manager’s Report
Mr. Barker reported on the recently completed Phase II Sidewalk project on Montreal Road concluding at Smith Street. He stated that they are beginning planning work on Phase III.  
 
3)  City Attorney’s Report
Stephen Quinn reported that the Georgia Supreme Court had invalidated the city’s portion of the alcohol ordinance that prohibited coam machines.
 
4)  Council Remarks
Beverly Burks announced that we will host the DeKalb Candidates forum on April 24 at the Clarkston Community Center. She stated she participated in Career Day at Jolley Elementary and enjoyed the experience.
 Awet Eyasu reported that on April 12th, the Marketing and Intergovernmental Relations committee will hold their first meeting. He also participated in the Career Day at Indian Creek. He spoke on April being Autism Awareness month and the importance of understanding Autism. 
Mario Williams thanked Beverly Burks for her committed efforts to defeat the Greenhaven Bill which , if approved, would have land locked Clarkston from further expansion. He discussed a dispute Tree Creek is having with DeKalb Watershed and the efforts he and his fellow council members have done to assist with resolving the issue. Councilman Williams commended City Attorney Stephen Quinn for his representation of the City on the coam case.
Dean Moore Discussed the circumstances of the Greenhaven bill and commended Beverly Burks in her efforts to stop the bill.
 
5)  Mayor’s Report- Reported on the Career days that he attended.  He recognized At-large Commissioner Kathy Gannon for her representation of Clarkston.  He reminded that the Clarkston Culture Fest will be April 30th.
 
Dean Moore made a motion to close the open session and to go into Executive Session.  Beverly Burks seconded the motion.  A vote was called and the motion passed (5, 0).
 
EXECUTIVE SESSION TO DISCUSS A LEGAL MATTER
 
Awet Eyasu made a motion to go into Open Session.  Mario Williams seconded the motion.
Dean Moore 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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