Council Meeting Minutes November 8, 2018

MINUTES
CLARKSTON CITY COUNCIL
Thursday, November 8, 2018

Officials Present

Mayor:                    Ted Terry
Council:                 
YT Bell, Jamie Carroll, Andrea Cervone, Awet Eyasu, Ahmed Hassan,
City Manager:         Keith Barker
City Clerk:              Tracy Ashby
City Attorney:        Stephen Quinn

 

Mayor Terry called the meeting to order at 7:00pm.

Roll Call: YT Bell, Jamie Carroll, Andrea Cervone, Awet Eyasu, Ahmed Hassan,

Absent:  Mario Williams

Pledge of Allegiance

Jamie Carroll made a motion to amend to agenda to add the ‘Sunday Brunch’ ordinance.  Awet Eyasu seconded the motion.  A vote was called and the motion carried (5, 0).

C.  ADMINISTRATIVE BUSINESS/ PRESENTATION

C1) Approve Minutes: 10/2/18 Council Meeting
 Ahmed Hassan made a motion to approve the minutes for the 10/2/18 Council Meeting.  YT Bell seconded the motion. A vote was called and the motion carried (5, 0).

C2)  Update on the City Manager Search
Mayor Terry reported on the City Manager search process. Mr. Keith Barker’s provided notice that he was retiring after seven years of service to the City, effective January 7, 2019. The City began a nationwide search to fill the positon by contracting with the Mercer Group. A total of 48 application were received and the Mercer Group presented the Council with a shortened list of nine candidates.  The Council selected five candidates to be interviewed (conducted November 3).  The Council interviewed and selected Mr. Robin Gomez, Fairmont WV, as the finalist. The final vote on his appointment will be at the December 4 Council Meeting and he is expected to take the position the first week in January. 

C3)  Proclamation Honoring Pastor Adams
Mayor Terry stated that due to family issues, the proclamation honoring Pastor Adams will be postponed to the December 4 Council Meeting.

D. CONSENT AGENDA

D1)  Approve Change Orders #2-4 to the Contract with Stewart Brothers for Asphalt Pavement Repair and Resurfacing of Church Street and East Ponce de Leon and Asphalt Patching of Brockett Road 

D2)  Approve Change Order #2 to the Streetscape Contract with Ohmshiv Construction, LLC for Replacement of Concrete Header Curb with Granite Curb on Both Sides of East Ponce de Leon from North Indian Creek to Market Street

D3)  Refer Affordable Housing Report/Recommendations to the Housing& Infrastructure SAC

D4) Adopt Resolution in support of Industrial Hemp

D5) Accept Low Bid Submitted by Autaco Development for Montreal Road – North Indian Creek Pedestrian Improvements SPLOST Project #05

D6)  Accept Low Bid Submitted by Autaco Development for Montreal Road Pedestrian Crossing Improvement, Rapid Rectangular Flashing Beacon (RRFB) Installation SPLOST Project #06

Awet Eyasu made a motion to adopt consent agenda items D1-D6.  Ahmed Hassan seconded the motion.  A vote was called and the motion carried (5, 0).

E. PUBLIC COMMENTS

Chris Busing addressed his thoughts on several of the agenda items.

Susan Hood provided her recommendations for changes to the zoning ordinance.

Harry Kendrick’s addressed concerns for Council Members Hassan and Williams to better assist and nurture the senior advisory committee.

Brian Medford voiced his approval of the recent improvement to walkability/bike ability in the City.

Several speakers addressed concerns with the NAMB project, the conditional use permit and mistrust of the motives for the church.

Adam Nycamp spoke on behalf of the Culture fest and requested support for the 2019 festival.

Dean Moore voiced concerns on further annexation efforts.

Mayor Terry closed public comments.

E. REPORTS: 
1)  Planning & Zoning Report
No Report

2)  City Manager’s Report
Mr. Barker provided the Finance report thru October 31, 2018. He reported on the upcoming 2019 Budget adoption process and that the proposed 2019 Budget has been transmitted to the Council and the document is available for the public to review on the City website. Mr. Barker provided an update for the SPLOST projects.

3)  City Attorney’s Report
No report.

4)  Council Remarks
YT Bell reported on the upcoming Tree Lighting event scheduled for December 8.

Awet Eyasu on his visit to Somaliland on October 6-12th.

5)  Mayor’s Report
Mayor Terry stated he felt this current council was the most productive and proactive council in the last five years.

F. OLD BUSINESS
None.

G.NEW BUSINESS
G1)  Public Hearing: Annexation request from the Vietnamese Faith Baptist Church, Incorporated represented by Craig Taylor (Agent) of parcel 18-142-01-086 located at 4692 East Ponce de Leon Avenue, Stone Mountain, GA 30083 into the city limits of Clarkston, GA. to receive a conversion zoning of NR-1, Low Density Neighborhood Residential.

Shawanna Qawiy provided a summary of the request application. Council discussion with the applicant for projected revenues for taxes and the traffic study.

The Mayor opened the Public Hearing.

Speakers in support of the annexation request:

Brian Medford stated if the City approves the annexation then we can control the process via city code. If the City denies the request, they can still go to DeKalb County.

Wayne Evans (Tucker resident) stated he felt it was a good development.

Amina Osman spoke in support of the annexation and there is a need for more housing in Clarkston.

Roberta Maleveda spoke in support and she knows several residents that are anxious for the new housing.

Speakers opposed to the annexation:
 

Susan Hood said she was not opposed to the annexation, but that she had questions on the subsidized housing requirements and the scope of the proposed project.

 

The Mayor closed the Public Hearing.

Jamie Carroll made a motion to approve the Annexation request from the Vietnamese Faith Baptist Church, Incorporated of parcel 18-142-01-086 located at 4692 East Ponce de Leon Avenue, Stone Mountain, GA 30083 into the city limits of Clarkston, GA. YT Bell seconded the motion.  A vote was called and the motion carried (5, 0).

G2)  Public Hearing: Rezoning request from the Vietnamese Faith Baptist Church, Incorporated represented by Craig Taylor (Agent) of parcel 18-142-01-086 located at 4692 East Ponce de Leon Avenue, Stone Mountain, GA 30083, consisting of 14.3941 acres from R-85 (unincorporated DeKalb County) to NR-CD Neighborhood Residential Community Development District.

Shawanna Qawiy detailed the rezoning application request. She reported that the Planning and Zoning Committee recommended approval of the rezoning at their October 16, 2018, with the following conditions:

1.   The submitted site plan is for conceptual review ONLY.

2.   The applicant/developer is required to submit a conceptual site plan to the Planning and Zoning Board and City Council for final approval with any approved variances before receiving any permits to begin construction.

3.   Any variances requested shall adhere to Section 307 and 308 of the Zoning Ordinance.

4.   That the developer submit a 72 hour traffic study regarding traffic statistics.

5.   Request for acceleration and deceleration lanes to get into the property submitted to the Planning and Zoning Board at the next P&Z meeting.

 

The Mayor opened the Public Hearing.

Speakers opposed to the Rezoning Request:
 

Susan Hood stated she did not think it was a good idea to approve rezoning a property prior to knowing the extent of the variances.  
 

Speakers in Support of the Rezoning Request:

No speakers in support of the rezoning request.

 

Mayor Terry closed the public Hearing.

 

Jamie Carroll asked Ms. Qawiy if the layout of the apartments is consistent with adjacent existing apartments.  Ms. Qawiy confirmed the layout is similar to Sage Point Apartments. 

 

Jamie Carroll made a motion to approve the Rezoning request from the Vietnamese Faith Baptist Church, Incorporated represented by Craig Taylor (Agent) of parcel 18-142-01-086 located at 4692 East Ponce de Leon Avenue, Stone Mountain, GA 30083. Andrea Cervone seconded the motion.  A vote was called and the motion carried (5, 0).

 

G3)  Public Hearing: Variance request from Phillip Searles d/b/a BJS Starnes Elderly, LP to vary from Section 622-Permitted encroachments upon required setbacks; to allow an above ground detention pond to encroach into the required 25-foot rear setback at the property located at 3543 Clarkston Industrial Boulevard, Clarkston, GA 30021.

Shawanna Qawiy provided a report on the rezoning request. She reported both staff and the Planning and Zoning Board have recommended approval with the following conditions:

to allow an above ground detention pond to encroach into the required 25-foot rear setback at the property located at 3543 Clarkston Industrial Boulevard, Clarkston, GA 30021.

STAFF RECOMMENDATIONS:

Based on the exceptional conditions related to this property, staff recommended approval of the variance request with the following conditions:

1.   An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act or NPDES permit for construction activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent storm-water controls.

2.   The owner/developer must ensure a maintenance access easements is sufficient for all necessary equipment for maintenance activities and establish provisions for the long-term responsibility for and maintenance of the structural storm-water facility to ensure that it continues to function as designed, and pose no threat to public safety. Upon final inspection and approval, if an easement has been created a plat, or document indicating that such easements and the long term maintenance agreement for the structure shall be recorded and shall remain in effect even with the transfer of title of the property.

3.   A chain-linked fence shall surround the structure with 90% visual blockage with a minimum height of 6’ tall.

4.   The owner/developer must provide an encroachment agreement for off-site work (on city right of way, and all adjacent properties).

5.   Shall comply with Section 1205 Buffers and Landscaping of the Clarkston Code of Ordinances.

6.   In those instances where the existing natural vegetation and topography are insufficient to achieve the desired level of screening as required, fast growing evergreens are to be planted so that the storm water detention pond is 100% screened from adjacent uses. Subject to final approval by the City prior to installation.

7.   Retaining wall shall not exceed a height of five (5) feet, unless existing topography prohibits retaining walls of a lesser height. Retaining walls shall be from finished poured concrete or shall be faced with stone, brick or smooth stucco. Subject to final approval by the City prior to construction through land disturbance and plan review permitting.

8.   Permanent structures shall be prohibited within landscape strips (such as buildings, parking spaces, dumpsters, drainage structures and detention facilities).

9.   The construction of the storm water detention pond shall not in any manner adversely affect other (surrounding) property owners.

 

Jamie Carroll made a motion to approve the variance application for the Phillip Searles d/b/a BJS Starnes Elderly, LP on the conditions set forth by the staff. YT Bell seconded the motion.  A vote was called and the motion carried (5, 0).

 

G4)  Amend Chapter 2 to Set the Amount of Annual Compensation for Elected Officials
Ahmed Hassan stated the Council was discussing updating the compensation rate for the elected official but the amount he felt was too high. Jamie Carroll gave an overview of comparable cities rates he reviewed and he stated the rate would likely remain fixed for many years to come. Ahmed Hassan suggested reducing the rates to Mayor-$15,000 and Council -$12,000 annually.

Ahmed Hassan made a motion to amend Chapter 2 to set the compensation for the Mayor $15,000 and Council $12,000 annually.  Awet Eyasu felt the amount was still high.  Discussion that the last compensation change was made twenty years ago. A vote was called and the motion carried (4- Yes YT Bell, Andrea Cervone, Jamie Carroll, Ahmed Hassan, 1-No Awet Eyasu).
 

G5)  Amend Chapter 15 and of the Code Regarding Planning and Development and Chapter 15.5 of the Code Regarding Signs To Provide For Administrative Review and Approval of Sign Applications by the City Manager Rather than the Planning and Zoning Board

Jamie Carroll advised that currently a sign permit application must comply with the Clarkston code to be approved and any requests that vary from the Code would then go to Planning and Zoning.  Transferring the review and approval of sign applications to staff will increase the efficiency of the Planning and Zoning Board and will remove the need convene meetings of the Board where no other business items exist.

 

Ahmed Hassan made a motion to amend Chapter 15 and of the Code Regarding Planning and Development and Chapter 15.5 of the Code Regarding Signs To Provide For Administrative Review and Approval of Sign Applications by the City Manager Rather than the Planning and Zoning Board.  YT Bell seconded the motion.  A vote was called and the motion carried (5, 0).

 

G6)  Amend City Charter Article III, Sec 302(b) To provide for an Acting City Manager when the City Manager is absent/unavailable on a short term basis; and provide for an interim City Manager when the City Manager is absent or unavailable for more than ten days

The City Attorney reported he had made changes to clarify a distinction between and acting city manager and an interim city manager and he had added language, requested by the Charter Review Committee, to clarify that the Mayor, or City Council members, are prohibited from serving as city manager in an acting, interim or a permanent basis. 

 

Awet Eyasu made a motion to amend City Charter Article III, Sec 302(b) to provide for an Acting City Manager when the City Manager is absent/unavailable on a short term basis; and provide for an interim City Manager when the City Manager is absent or unavailable for more than ten days. Ahmed Hassan seconded the motion.

 

Stephen Quinn clarified that the ordinance would be adopted at two consecutive meetings and would be effective after approval at the December 4 meeting. A vote was called and the motion carried (5, 0).

 

G7) Adopt the Sunday Brunch Ordinance
Mayor Terry stated that the Clarkston voters had approved the referendum to allow retail sales of beer, Malt beverages and wine for consumption on the premises on Sundays beginning at 11:00am. The proposed ordinance codifies the referendum results.

Andrea Cervone made a motion to adopt the ordinance to amend Chapter 3 Article I to allow retail sales of beer, Malt beverages and wine for consumption on the premises on Sundays beginning at 11:00am.  Awet Eyasu seconded the motion.  A vote was called and the motion carried (4, 1- Ahmed Hassan abstain).

 

ADJOURNMENT:

Awet Eyasu made a motion to adjourn the Council Meeting.  YT Bell seconded the motion.  A vote was called and the motion carried (5, 0).

Meeting adjourned.