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Council Minutes Tuesday October 4, 2016

MINUTES
CLARKSTON CITY COUNCIL
Tuesday October 4, 2016 
 
Officials Present
Mayor: Ted Terry
Council: Dean Moore, Ahmed Hassan, Awet Eyasu, Beverley Burks, 
Robert Hogan
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: Mayor Terry, Dean Moore, Awet Eyasu, Ahmed Hassan, Robert Hogan Beverley Burks
Councilman Mario Williams excused absence.
Pledge of Allegiance
PRESENTATION/ ADMINISTRIVE BUSINESS:
C1)  Approve Council Minutes for 9/6/16 Council Meeting
Awet Eyasu made a motion to approve the Council minutes from the 9/6/16 Council Meeting. Ahmed Hassan seconded the motion. A vote was called and the motion carried (5, 0).
Dean Moore made a motion to amend the meeting agenda to add an Executive Session to discuss a Legal matter. Beverly Burks seconded the motion.  A vote was called and the motion carried (5, 0).
 
PUBLIC COMMENTS 
Resident expressed concerns with the need for additional street lighting on Brockett Road.
Mr. Buck questioned if the city had any available property that the city may wish to place for sale.  
Ms. Bernard, representing Kabu Lounge and Sunrise Café, expressed continued concern with the Clean Indoor Air act and the impact on the local restaurants that also allow hookah. Councilman Moore clarified the ordinance had allowances for grandfather use. If the businesses had been registered as hookah lounges rather than restaurants, they could have operated under the grandfather allowance.  Mayor Terry stressed the council had meet for five months to discuss the ordinance and he encouraged the businesses to become engaged in the city meeting process. He reported the ordinance was not an anti-business but was passed for public health reasons with concern for patrons and workers.  He discussed the significant health dangers of tobacco use, including hookah, both to the smoker and with second hand exposure. 
Representative for Savannah Café discussed the impact of the Clean Air ordinance on their business which is classified as a restaurant. The City Attorney defined that the grandfather portion of the ordinance was intended to apply for retail tobacco sale establishments. 
Mr. Hasu requested the city consider extending the businesses grandfathered for hookah.
Councilwoman Burks departed the meeting.
 
Business owner discussed the sign permit process for the city. 
Kabu Lounge addressed concerns with the impact of the Clean Indoor Air ordinance on his restaurant that has hookah.
OLD BUSINESS
E1)  Adopt Ordinance Prohibiting New Permits to Sell Distilled Spirits by the Package
Awet Eyasu made a motion to table until the December Council meeting.  Ahmed Hassan seconded the motion.  A vote was called and the motion carried (4, 0).
E2)  Adopt Ordinance to Regulate Pawnbrokers and Secondhand Dealers
Awet Eyasu made a motion to table until the November 7 Council Meeting. Robert Hogan seconded the motion.  Discussion: Dean Moore stated the Council will need to also consider the fees and hours of operation for this ordinance.  A vote was called and the motion passed (4, 0).
NEW BUSINESS
F1)  Approve Partnership with Georgia Tech - Anna Kim
Awet Eyasu made a motion to approve the partnership to include the appropriation of $5,000 for the 2017 Budget. Ahmed Hassan seconded. Dean Moore clarified that “Clarkston Speaks” is the partnership name.
A vote was called and the motion carried (4, 0).
 
F2)  Adoption of the Clarkston 2040 Comprehensive Plan Update.
Ahmed Hassan made a motion to adopt the Clarkston 2040 Comprehensive Plan Update. Awet Eyasu seconded the motion.  A vote was called and the motion carried (4, 0). 
 
F3)  Approve fee change order to the contract with AMEC Foster Wheeler for Streetscape and Pedestrian Enhancement Project
Robert Hogan made a motion to approve the change order and the associated work tasks identified in the attached Exhibit A spreadsheet for $149,081.68.  Awet Eyasu seconded the motion.  A vote was called and the motion carried (4, 0). 
 
F4)  Adopt Ordinance by the City of Clarkston to Amend the City Charter to be Consistent with the City Manager Form of Government and with State General Law
Mayor Terry advised that the ordinance was proposed to make the Charter consistent with the City Manager/Council Form of government.  The City Attorney noted that in order to change the Charter, the ordinance must be approved at two consecutive, regular meetings. Ahmed Hassan made a motion to adopt Ordinance by the City of Clarkston to Amend the City Charter to be Consistent with the City Manager Form of Government and with State General Law.  Dean Moore seconded the motion.  A vote was called and the motion carried (4, 0).  First Meeting Approval. 
 
F5)  Approve a Resolution to extend the moratorium on the new applications for permits to sell alcohol by the package for consumption off premises 
Mayor Terry advised that in Work Session discussion, the Council discussed extending until December 6.
Awet Eyasu made a motion to approve a Resolution to extend the moratorium on new applications for permits to sell alcohol by the package for consumption off premises until December 6, 2016. Dean Moore seconded the motion.  A vote was called and the motion carried (4, 0). 
 
F6)  Declare vacancy in the office of the City Council
Councilman Robert Hogan stated that he will no longer be serving on the City Council. He has decided to move out of the city to purchase a home.  This has been a difficult decision and he loves the work that he has done in the community.  Councilman Hogan read a statement thanking the Mayor, Council, the City Manager, City Staff and all constituents. 
Mayor Terry stated that Councilman Hogan has notified the Mayor and City Council of his intent to vacant his seat on the City Council effective October 4, 2016. Clarkston City Charter Sec. 2.05 (a) states that, “Such vacancy shall be declared by the Mayor unless it shall be the office of the Mayor which is vacant, and in such case by the vice-mayor. Such declaration shall be made in a regular meeting of the City Council and shall be affirmed by a majority vote of the City Council.” Mayor Terry read the resolution to affirm the vacancy, which would provide for a Special election to be held on March 21, 2017 to fill the unexpired term until December 31, 2017.
Ahmed Hassan made a motion to declare a vacancy in the office of the city council.  Awet Eyasu seconded the motion. A vote was called and the motion failed (2 Yes- Ahmed Hassan, Awet Eyasu, No- Dean Moore.  Robert Hogan abstained). 
The City Attorney detailed that the Charter and State law contemplate that when an elected official moves their residence out of the city, that their seat is vacant. The mayor having declared those facts, the Charter intends for the City Council to determine the truthfulness for the vacancy. As Mr. Hogan has described in detail that those facts are true, so the City Attorney is not certain of the basis of Mr. Moore’s vote.  He encouraged the council to call the motion again.  Further discussion on the legal requirements and implications. Dean Moore addressed that two members of the council are not present and he felt they should be a party to this discussion. Mayor Terry questioned if Councilman Hogan could vote and Attorney Quinn felt he could vote as his seat had not been formerly declared vacant at this point. 
Mayor Terry opened the floor for a motion.
Awet Eyasu made a motion to declare a vacancy in the office of the city council. Ahmed Hassan seconded the motion.  Discussion.  Dean Moore stated he did not see this as a crisis of the city that needed to be resolved at this meeting. He provided multiple precedents to back up his objection to voting on the matter at this meeting. The City Attorney responded that it is not only the City Charter calling for the vacancy confirmation, but also State law for the elected position to be filled by an elected official.  State law specifies that if the position is to be vacant for more than 6 months, then the people have the right to fill the vacancy.  
Dean Moore made a motion to table the item for a Special call meeting within the next two weeks to allow time for an official opinion. Mayor Terry pointed out that there is a motion and second already waiting for action. The City Attorney advised the proper process to address the two motions and he further advised the Charter calls for the confirming of the vacancy to occur at a regular meeting.  Further discussion on the merits of waiting until the November meeting to address the vacancy. 
Awet Eyasu withdrew his motion.  
Dean Moore made a motion to table the item until the November council meeting.  Ahmed Hassan seconded the motion.  A vote was called and the motion failed (2- Yes, Dean Moore, Ahmed Hassan, 1-No Awet Eyasu, 1-Abstain, Robert Hogan).
Awet Eyasu made a motion to declare a vacancy in the office of city council.  Ahmed Hassan seconded the motion.  A vote was called and the motion failed (1 -Yes Awet Eyasu, 2- No Dean Moore, Ahmed Hassan, 1-Abstain Robert Hogan). The Mayor advised he was concerned with following state law, and Councilman Moore echoed that was his concern as well. Mayor Terry asked the City Attorney if waiting until the November meeting would change the need for a special election.  Mr. Quinn reported that based on the timing, the November 1 Council meeting would still be more than twelve months from the next regular election, so a special election would be required.  The Mayor opened the floor for a motion. Ahmed Hassan made a motion to table the vacancy declaration until the November Council meeting.  Dean Moore seconded the motion.  A vote was called and the motion carried (4, 0).  
 
F7)  Adopt Service Delivery Strategy
Dean Moore made a motion to adopt the Service Delivery Strategy resolution.  Robert Hogan seconded the motion.  A vote was called and the motion carried (4, 0). 
 
REPORTS
1) Planning & Zoning Report
Shawanna Qawiy reported there two sign applications approved at the September Planning &Zoning Meeting.  
2)  City Manager’s Report
The City Barker provided the financial report thru September 31, 2016. He reminded that the 2nd Annual Clarkston Food Truck Fest will be on Saturday, October 8 from 12-4P in the Clarkston downtown. 
3)  City Attorney’s Report
No Report
4)  Council Remarks
Dean Moore reported he looked forward to the Food truck fest.
Awet Eyasu thanked Councilman Hogan for his service. 
Robert Hogan stated it has been his honor to serve the City. 
5)  Mayor’s Report- 
Mayor Terry thanked Councilman Hogan for his service to the City. 
EXECUTIVE SESSION
Dean Moore made a motion to go into Executive Session to discuss a legal matter.  Awet Eyasu seconded the motion.  A vote was called and the motion carried (4, 0).
Executive Session
Ahmed Hassan made a motion to close the executive session and go into open session.  Dean Moore seconded the motion.  A vote was called and the motion carried (4, 0).
Open Meeting
ADJOURNMENT: 
Awet Eyasu made a motion to adjourn the Council Meeting.  Ahmed Hassan seconded the motion.  A vote was called and the motion carried (4, 0). 
Meeting adjourned. 
 
You are here: Government Council Minutes Council Minutes Tuesday October 4, 2016