JA Orisite - шаблон joomla Joomla

City of Clarkston - Georgia - where possibilities grow

 

where possibilities grow

Council Minutes Tuesday March 7, 2017

MINUTES
CLARKSTON CITY COUNCIL
Tuesday March 7, 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 7:55pm.
 
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 2-7-2017 Council Meeting, 2-7-17 URA Meeting and 2-13-17 Special Session Meeting
Dean Moore made a motion to approve the minutes with requested changes as discussed. Ahmed Hassan seconded the motion.  A vote was called and the motion carried (6, 0).
 
C2)  Introduce New Hires: OFC Brandon Warren, Ryan Koirala
The City Manager introduced Clarkston new hired Police Officers Brandon Warren and Ryan Koirala.
 
D. PUBLIC COMMENTS
Karen Feltz provided several code violations she had observed including concerns with LED lighting in the city, concerns for a local daycare that is currently vacant and the City should address the  play area in the front yard and a home owner that regularly has cars for sale on his property. 
Public Comments closed.
 
E. OLD BUSINESS
None
 
F.NEW BUSINESS
F1)  Approve Alcohol Ordnance amendment for residency requirement
The City Attorney advised that he current Alcohol Ordinance, requires that applicants for the sale of alcoholic beverages for consumption on the premises must be a resident of DeKalb County, Georgia. The proposed ordinance amendment would allow alcohol licenses to be granted to persons who may reside outside of DeKalb County, so long as a designated agent residing in DeKalb County to receive any legal notice from the City.
 
Awet Eyasu made a motion to approve the Alcohol Ordnance amendment for residency requirement. Dean Moore seconded the motion.  A vote was called and the motion carried (6,0).
 
F2)  Approve Alcohol Restaurant License Application – Abyssinia Café, 926 Montreal Rd-3A
Mr. Barker reported the applicant had held an alcohol license in 2015 and let it lapse in 2016.  They have requested to apply for the beer/wine license and all of the required inspections have been performed and passed as well as all of the required background checks. The ARC has performed a thorough review of the various components to this application.  
Dean Moore made a motion to approve the Alcohol Restaurant License Application for Abyssinia Café, 926 Montreal. Mario Williams seconded the motion.  A vote was called and the motion carried (6, 0).
 
F3)  Approve Alcohol Restaurant License Application – Ponce Café, 3652 Market St
The City Manager advised that the owners of Ponce Café have made application for an alcohol beverage license for Beer/Wine/Malt and Distilled Spirits. To date: all of the required inspections have been performed and passed as well as all of the required background checks. The ARC has performed a thorough review of the various components to this application.  
Awet Eyasu made a motion to approve the Alcohol Restaurant License Application – Ponce Café, 3652 Market St. Ahmed Hassan seconded the motion.  A vote was called and the motion carried (6,0).
 
F4)  Approve Alcohol Package License Application-Clarkston Food Mart, 3874 E Ponce de Leon Ave
Mr. Baker detailed that the owner of the Clarkston Food Mart previously held a retail package beer/wine license under DeKalb County during the 2016 Annexation.  Applicant made application for an alcohol beverage, for retail package sales during the moratorium. To date: all of the required inspections have been performed and passed as well as all of the required background checks.
Jamie Carroll made a motion to approve Alcohol Package License Application-Clarkston Food Mart, 3874 E Ponce de Leon Ave. Awet Eyasu seconded the motion.  A vote was called and the motion carried (6, 0). 
 
F5 Approve an amendment to the Construction Agreement between CSX Railroad and the City of Clarkston
Mr. Barker reported the City Council approved the initial CSX Agreement for the streetscape project at the January council meeting. As a result of changes to the streetscape plans in January and February, CSX modified the January Agreement and resubmitted to the City for signatures. The total fees in the January Agreement totaled $440,619. The total fees for the updated Agreement total $499,043. Per the Agreement, CSX reserves the right to modify the Agreement (including the fees) after July 22nd, 2017. 
Ahmed Hassan made a motion to approve an amendment to the Construction Agreement between CSX Railroad and the City of Clarkston.  Dean Moore seconded the motion.  A vote was called and the motion carried (6, 0). 
 
F6) Approve Relocation Agreement between the Georgia Power Company and the City of Clarkston
The City Manager stated that for the past two years the City’s design firm, AMEC Foster Wheeler, the City’s Project Engineer and Georgia Power have developed the scope for pole relocations on East Ponce de Leon and Norman Rd, including the overhead-to-underground conversion of power on Market Street from East Ponce de Leon to North Indian Creek.
Georgia Power’s initial cost estimate for pole relocation for East Ponce de Leon & Norman Rd was $894,000. Georgia Power sent an updated Agreement on January 5th, 2017. Staff encountered a number of discrepancies in the Agreement. After several conversations and one on-site meeting with Georgia Power representatives, a revised Agreement was re-submitted on February 28th, 2017. 
The revised estimated cost for the relocation of the distribution facilities associated with this project is $489,846. In accordance with the City’s Franchise Agreement with Georgia Power Company, the City must bear ninety percent (90%) of the estimated cost of relocation which totals $440,861.40.  
Dean Moore made a motion to approve Relocation Agreement between the Georgia Power Company and the City of Clarkston. Beverly Burks seconded the motion.  A vote was called and the motion carried (6, 0).
 
F7) Approve Stipulated Sum Agreement between the Georgia Power Company and the City of Clarkston for Market Street Overhead to Underground Conversion
Mr. Barker reported that this is a separate contract to do the overhead-to-underground conversion of power on Market Street from East Ponce de Leon to North Indian Creek. Georgia Power’s cost estimate for overhead-to-underground conversion of power on Market Street from East Ponce de Leon to North Indian Creek is $287,809. Georgia Power requires that 100% of the total amount be paid before any work commences.
Dean Moore made a motion to approve Stipulated Sum Agreement between the Georgia Power Company and the City of Clarkston for Market Street Overhead to Underground Conversion. Awet Eyasu seconded the motion.  A vote was called and the motion carried (6. 0).
 
F8) Approve Intergovernmental Agreement between DeKalb County and the City of Clarkston for the Transfer of Forty Oaks Nature Preserve
The City Manager reported the City has been working with DeKalb County to transfer the ownership of Forty Oaks Nature Preserve to the City. The DeKalb County Board of Commissioners approved the attached IGA between DeKalb County and the City of Clarkston for the transfer of Forty Oaks Nature Preserve on February 28, 2017. The County will transfer Forty Oaks Nature Preserve to the City by Quitclaim deed on or before March 31, 2017. 
The IGA requires the City to: Maintain Forty Oaks Nature Preserve as a park in perpetuity; Allow residents of the unincorporated area of the County the same access to Forty Oaks Nature Preserve , including any centers, equipment and facilities therein, as is allowed for residents of the City at the same cost charged to City residents, if any; Provide the same parks and recreation services at Forty Oaks Preserve to residents of unincorporated DeKalb County as are provided to residents of the City at the same cost charged to City residents, if any; Not sell Forty Oaks Nature Preserve and if no longer suitable to be used as a park, ownership of Forty Oaks Nature Preserve shall revert back to the County
Beverly Burks made a motion to approve the Intergovernmental Agreement between DeKalb County and the City of Clarkston for the Transfer of Forty Oaks Nature Preserve.  Dean Moore seconded the motion.  A vote was called and the motion carried (6. 0).
 
F9) Approve Contract for Probation Supervision and Rehabilitation Services between Professional Probation Services, Inc. and the City of Clarkston
Mr. Barker advised that the City of Clarkston initially contracted with PPS, Inc. on April 1, 2013. Due to changes in the Georgia’s criminal justice system with the passage of HB 310 (2015), SB 367 (2016), and the on-going criminal justice reform process, the newly created Department of Community Supervision (DCS) has been tasked with regulating misdemeanor probation through its Misdemeanor Probation Oversight Unit (MPOU).  The MPOU has reviewed the contracts of all misdemeanor probation agencies in Georgia and has asked that all contracts be updated to include elements that more adequately reflect current statutory language. PPS, Inc has requested a $5.00 per month fee increase (from $35.00 to $40.00 per month) for pay-only and basic probation cases.  
Dean Moore made a motion to approve the contract for Probation Supervision and Rehabilitation Services with Professional Probation Services, Inc. but deny the $5.00 increase proposed. Awet Eyasu seconded the motion.  Discussion on the probations fees and the previous issues with lengths and cost of fines. Mr. Barker noted that the State requires multiple add on fees that the City fully pays and does not pass along to the individual citation holder. Whereas most other jurisdictions break out those fees and include them on the final citation fine. 
The Mayor called for the vote and the motion carried (6. 0).
 
F10) Approve Resolution to refer study of the Patio Seating Ordinance to the Public Safety and Legal Committee
Awet Eyasu stated the purpose was to explore the advantage and possibility of implementing an outdoor seating ordinance.  Jamie Carroll stated it would be a positive as the weather get nicer, for the city to have outdoor seating at local restaurants.  
Awet Eyasu made a motion approve Resolution to refer study of the Patio Seating Ordinance to the Public Safety and Legal Committee.  Dean Moore seconded the motion.  A vote was called and the motion carried (6. 0).
 
F11) Resolution to refer study for a review of the Cottage Style Home Ordinance to the Housing Committee
Dean Moore stated that the city has a cottage ordinance and the committee wishes to review and consider the possibility of increasing these style of homes to other areas of the city. 
Dean Moore made a motion to approve resolution to refer study for a review of the Cottage Style Home Ordinance to the Housing Committee.  Mario Williams seconded the motion.  A vote was called and the motion carried (6. 0).
 
F12) Adopt Resolution to Declare Property Surplus for City of Clarkston 
Mr. Barker detailed that the Clarkston Police Department has three vehicles with high mileage that are deemed as obsolete and request to declare as surplus equipment in order to be auctioned for sale.  The three vehicles are one 2009 Ford Crown Victoria and two 2010 Ford Crown Victoria’s.
Awet Eyasu made a motion to approve the declaration of old and obsolete equipment as Surplus Property that can sold and disposed of in compliance with O.C.G.A. 36-37-6(a).Mario Williams seconded the motion.  Discussion. Ahmed Hassan asked for the procedure to notify the public of the disposal.  SGT Hess advised that the vehicles are taken to an auction house where they advertise and sale the vehicles. The Mayor called for the vote and the motion passed (6, 0). 
 
F13) Discuss Ordinance to Amend Zoning Code for Solid Fences
Mr. Barker reported that this is a discussion item only. Staff has reviewed the current ordinance and current definition as related to allowable material to be used in the construction of fences is vague. The proposed new definition is intended to provide greater specificity when describing material that may be utilized to construct a solid wood fence. The proposed ordinance will go before the Planning & Zoning Committee prior to coming before the Council for a vote.
 
G.  REPORTS:  
1)  Planning & Zoning Report 
Shawanna Qawiy reported on the four sign applications submitted to the February Planning & Zoning Meeting. Dean Moore asked for further information on a Plan review on a pending business at 4260 E Ponce de Leon. Mrs. Qawiy provided a thorough reporting of the review and status of the business.
 
2) City Manager’s Report
The City Manager provided the financial report thru February 28, 2017. He gave the status of the sidewalk project. Mr. Barker stated that several schools had contacted him regarding volunteers for ‘Alternative Spring Breaks’ and he was coordinating those volunteers to assist with the Trees Atlanta planting of an additional 75 trees on Church Street between N Indian Creek Drive and Market Street.  Discussion on the types and heights of trees permitted on the CSX right of way.
 
3)  City Attorney’s Report
Stephen Quinn – No Report
 
4)  Council Remarks
Beverly Burks reported that she and Councilman Williams are working on a Pet Day for April 29 to provide free immunizations and possibly free spay/neuter.  There will be a strong education component for pet safety involving children.
Dean Moore stated he attended the Welcoming New American swearing in at the Capitol. 
 
5)  Mayor’s Report
Mayor Terry reported that CNN news had requested the City to hold a Town Hall meeting based on the recent issues with travel bans.  The Mayor proposed April 5 for the meeting and he asked for the Council’s feedback on the request. 
 
EXECUTIVE SESSION: To discuss a Legal Matter
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). 
 
Awet Eyasu made a motion to go into open session. Jamie Carroll 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 Minutes Tuesday March 7, 2017