Council Meeting Minutes 3-5-2019

MINUTES
CLARKSTON CITY COUNCIL
Tuesday, March 5, 2019

Officials Present
Mayor:        Ted Terry
Council:        YT Bell, Jamie Carroll, Andrea Cervone, Awet Eyasu, Ahmed Hassan, Mario Williams
City Manager:    Robin I. Gomez 
City Clerk:        Tracy Ashby 
City Attorney:    Stephen Quinn 


Mayor Terry called the meeting to order at 7:00pm.
Roll Call: YT Bell, Mario Williams, Awet Eyasu, Ahmed Hassan, Jamie Carroll, Andrea Cervone

Pledge of Allegiance

C.  ADMINISTRATIVE BUSINESS/ PRESENTATION

C1) Approve Minutes: 2-5-19 Council Meeting 
Awet Eyasu made a motion to approve the minutes with discussed changes for the 2/5/19 Council Meeting. Jamie Carroll seconded the motion. A vote was called and the motion carried (6, 0).

D. PUBLIC COMMENTS
Debbie Gathmann spoke on her issues with the Code Officer.
Susan Hood – requested 8-9 minutes of speaking time, with 2 additional speakers, during the first public hearing for NAMB. 
John Cardinale read a portion of an article from the Houston Chronicle “Abuse of Faith.” 
Brian Medford addressed positive comments on the City’s progress with walkability and bike ability access. 
Tracy Bishop discussed concerns with the Affordable Housing Trusty agenda item. 
Life Griffith encouraged residents to attend the information seminar on Hemp scheduled for March 9 at the Community Center.
Chris Busing discussed issue with Code enforcement in the City. 
John Beck discussed concerns with code compliance processes.
Mayor Terry closed public comments.

E. REPORTS:  
1) Planning & Zoning Report
Shawanna Qawiy reported she’d held pre-application meeting for 1160 Vaughan Street for a proposed 8 cottage home development. She will hold a pre-construction meeting with the developers of Glendale Road/Church Street for their land disturbance permit Glendale Rd to begin the townhome development. Ted Braswell with Oak Hill Development has requested a deferment for their proposal until the March 26 Work Session and the April 2 Council Meeting. They would like to conduct a traffic study and hold a non-mandatory Community meeting. The zoning reform is still open for comment and should be submitted to either Councilman Carroll or Mrs. Qawiy. 

2)  City Manager’s Report
Mr. Gomez asked residents to contact him for concerns with Code.  He did advise a recent issue posted regarding mailbox number sizes was issued from DeKalb Code and was not within the City Limits of Clarkston.  He provided a financial report for fiscal year 2018 as well as a current financial report thru February 28, 2019. He discussed the successful Community Food Forum and he thanked City staff for their continued dedication. Mr. Gomez read quotes provided by Mrs. Betty Amin Hassan for Women’s month.  He thanked the hundreds of Clarkston residents who have welcomed him and his family.

3)  City Attorney’s Report 
Stephen Quinn provided legal responses for questions asked by residents and provided by the City Manager relating to item F1.
a) The posted public hearing signs: Mr. Quinn advised that tonight’s public hearing was originally posted for an earlier meeting date and that legally the public hearing requirement has already been met at the Planning & Zoning meeting.  Additionally, Mr. Quinn legally felt that giving a notice at the meeting was in fact a legal notice for the rescheduling. So the sign not reflecting the rescheduled date should not preclude the Council from rendering a decision. 
b) Conditional Use Permits for the NAMB project:  Mr. Quinn stated there has been a question if the project the North American Mission Board proposes would require conditional use permits. The opinion of the Planning Staff of the City is No. Mr. Quinn wanted to confirm to the council that if conditional use permits are needed, then the NAMB will have to make a future request for those conditional use permits and this would not prohibit the Council from acting on their application tonight. There is no requirement for a conditional use permit to come before or at the same time as a rezoning request. 
c) Parking on Adjacent lot:  Mr. Quinn reported that it has been questioned if it’s legally permissible, under the Zoning ordinance, for the parking on the proposed project to be on a lot that is not part of the Planned Unit Development application.  He reviewed the City Code and determined the zoning ordinance specifically provides for offsite parking.
 
4)  Council Remarks
YT Bell encouraged residents to attend the upcoming 4-28-19 Community Health fair to be sponsored by the Association of Cameroonian Physicians of America.
Awet Eyasu discussed attending the 2-14-19 New Americans celebration event. He reported on the recent Conversations with Council radio program that focused on hemp and he encouraged residents to attend the hemp meeting.
Andrea Cervone provided detailed information on the Food Forum and that Clarkston is being considered for a pilot program. 

5)  Mayor’s Report
No Report.

F. OLD BUSINESS
F1)  Myrick Gurosky and Associates for the North American Mission Board of the Southern Baptist Convention, Incorporated with the Clarkston International Bible Church have submitted a planned unit development (PUD) request that will include multifamily housing, parking areas, and an activity center of the properties located at 3895 Church St., 3865 Church St., 3871 Church St., 993 Rowland St., 1011 Rowland St., 1001 Rowland St., 966 Rowland St., 954 Rowland St., and 960 Rowland St. (Public Hearing at 3-5-19 Council Meeting)
Scott Gurosky provided a presentation for the project. He detailed the changes to incorporate shared parking, to reduce the overall spaces and the inclusion of greenspace. 
Further council discussion on the proposal. Mr. Gomez provided a confirmation that Hill Street was abandoned by the City and a quitclaim deed was executed. The applicants confirmed to Councilman Williams that an access entrance for Hill Street did not work with the proposed building plan.  

Public Hearing
Support:
Brian Medford spoke in support of the proposal.
Tracy Bishop spoke in support of the proposal.
Charles Griffith, church member, spoke in support of the proposal. 
Trent DeLoach spoke in support of the proposal.

Opposed:
Karen Felt spoke in opposition to the proposal.
Susan Hood spoke in opposition to the proposal.
John Cargile spoke in opposition to the proposal.
Chris Busing spoke in opposition to the proposal.
Laura Hopkins spoke in opposition to the proposal.
John Beck spoke in opposition to the proposal.
Dean Moore spoke in opposition to the proposal.
Cathy Case spoke in opposition to the proposal.

Mayor Terry closed the Public Hearing

Mario Williams inquired what are the plans for the other structures?  Mr. Gurosky stated they have not determined, but that those parcels are zoned residential and they would be bound by the laws to build within those codes or any changes beyond the permitted zoning would require review and approval by the Council.   David Melber addressed the efforts the NAMB has made to meet and work with the community. Shawanna Qawiy discussed the condition that the Planning & Zoning board had made to reduce parking and increase greenspace and the applicant has made those changes.  Ms. Qawiy stated she had no issue with the current concept plan and if the Council voted yes everything would be in compliance including the shared parking. Jamie Carrol questioned if they did not go continue as a PUD and they increased the parking, would that be compliant with NC1.  Mr. Qawiy advised it would be compliant under NC1, but the project would then go lot by lot for each development/building proposed and they would not have to come to the Council for approval. 

Mario Williams made a motion for a brief recess.  Awet Eyasu seconded the motion.  A vote was called and the motion carried (6, 0). Recess 9:30pm.

Council return to meeting 9:39pm.

Awet Eyasu motion approve Myrick Gurosky and Associates for the North American Mission Board of the Southern Baptist Convention, Incorporated with the Clarkston International Bible Church have submitted a planned unit development (PUD) request that will include multifamily housing, parking areas, and an activity center of the properties located at 3895 Church St., 3865 Church St., 3871 Church St., 993 Rowland St., 1011 Rowland St., 1001 Rowland St., 966 Rowland St., 954 Rowland St., and 960 Rowland St. conditioned on the following: 
1)  Due to the adverse effects on Rowland Street adding to the existing congestion, effecting pedestrian use, there must be no entry or exit to the parking lot from Rowland Street. 
2)  Conditioned on having an access and exit entry from Church Street to ease traffic effects. 
3)  Conditioned on building the residential/dormitory mission housing on the site as recommended by the concept plan by the residents.

Ahmed Hassan seconded the motion. 
Awet Eyasu discussed this plan was a recommendation that would permit the parking lot as they had planned previously and this would address concerns of the residents. Jamie Carroll discussed that if these conditions were proposed, the NAMB could still choose to develop the property under the current NC1 and increase the parking and decrease the greenspace. 

The Mayor called for the vote. The motion tied (Yes: Mario Williams, Awet Eyasu, Ahmed Hassan, No: YT Bell, Andrea Cervone, Jamie Carroll).  Tie Vote, under the Charter the Mayor breaks the tie.  Mayor Terry voted No, motion failed.  

Stephen Quinn clarified that there have been multiple version of the site plan, and in consultation with Mr. Qawiy he has labeled the current proposed plan, which will be recorded with the minutes, Version # 2 NAMB PUD with Shared parking and Greenspace.  

Jamie Carroll made a motion to approve the NAMB Plan for the Rowland/Church Area, the Version # 2 NAMB PUD with Shared parking and Greenspace that would reduce the parking and add to the greenspace.  YT Bell second the motion. Jamie Carroll stated the reason to oppose this motion would be if you felt there should be parking instead of greenspace in the corner area. He said he would be open to hearing reasons for more parking, but that he felt the greenspace would help reduce runoff. Awet Eyasu addressed that it was not just about the greenspace but also the effect on the traffic and limiting the walkable and bike-able access.  He felt adding access from Church Street and restricting vehicle access to Rogers Street would still allow their project to proceed but address the concerns stated. Mario Williams recognized the efforts the NAMB has made to address concerns of the residents and the continued cost for them to redesign the concept plans.  He had a few issues with the plan but he did not have any issue with members who supported the plan. Discussion on future traffic calming measures if the area did become heavily impacted. 

A vote was called (Yes: YT Bell, Andrea Cervone, Jamie Carroll, No: Mario Williams Awet Eyasu, Ahmed Hassan. Mayor Terry voted to break the tie YES motion approved.  

G. NEW BUSINESS
G1) Adopt an Ordinance to Amend the Text of Appendix A of the City of Clarkston Code of Ordinances, being the Clarkston Zoning Ordinance, to Authorize Microbreweries within the Town Center District and Light Industrial District 
Jamie Carroll stated currently microbreweries are not permitted under the zoning ordinance. The approval for the licensing and fees has previously been adopted by the Council.  The intent is to bring more visitors to Clarkston. 

Mayor Terry open the Public Hearing
Opposed: 
None

Support:  
Dean Moore spoke in support of the ordinance.
Daniel Pope spoke in support of the ordinance.
Brian Medford spoke in support of the ordinance.
Katie Jones spoke in support of the ordinance.
Buddy Compton spoke in support of the ordinance.
Beverly Burks spoke in support of the ordinance.
Mark Ford spoke in support of the ordinance.

Jamie Carroll specified that microbreweries would have to comply with the current alcohol distance requirements. 

The Mayor closed the public hearing. 
YT Bell made a motion to adopt Ordinance to Amend the Text of Appendix A of the City of Clarkston Code of Ordinances, being the Clarkston Zoning Ordinance, to Authorize Microbreweries within the Town Center District and Light Industrial District.  Andrea Cervone seconded the motion.  
Discussion: Awet Eyasu addressed a concern this would negatively impact the local restaurants. 

A vote was called and the motion carried ( 4-Yes: YT Bell, Mario Williams, Jamie Carroll, Andrea Cervone,  2-Abstain Ahmed Hassan, Awet Eyasu).

G2) Annexation request:  Adopt a Resolution to Assign a Zoning Classification to the Proposed Annexation of Properties located at 3827, 3835, and 3861 East Avenue, Clarkston, GA 30021 (Unincorporated DeKalb County)   ITEM DEFERRED

G3) A request to rezone the properties located at 3827, 3835, 3861, and 3809 East Avenue, Clarkston, GA 30021 from NR-1 Low Density Residential to NR-3 High Density Residential.   ITEM DEFERRED

G4)  Adopt Agreement to Form the Clarkston Affordable Housing Trust
Mr. Gomez detailed that the affordable housing assistance program will serve to provide certain qualified low to moderate income individuals with funds to assist in the purchase, the repair, and/or the lease of eligible residential dwellings within the corporate limits of the City of Clarkston.  The City has reached a point in the process to begin funding the affordable housing assistance program through the creation and adoption of an initial irrevocable trust agreement between RMB Decatur LLC, and the City of Clarkston.  RMB (the firm) will provide a one-time contribution to the City’s affordable housing assistance program in the amount of $200,000 (two hundred thousand dollars) to be utilized for the affordable housing assistance program’s stated purposes.  The deposited, and recorded as the “Clarkston Affordable Housing Trust.”   

Stephen Quinn addressed misinformation this trust organizational document would not create any new Authority in the City. It is the City of Clarkston that would be administering the trust, specifically through the City Manager, or other Council designee.  

Mr. Gomez stated that contribution would be separately accounted for under the separate fund “Clarkston Affordable Housing Trust,” and it would not be included in the General fund. 

Ahmed Hassan made a motion adopt the Agreement to form the Clarkston Affordable Housing Trust. YT Bell seconded the motion.  Discussion that the specific criteria will be determined and provided to the Council as an ordinance to adopt. A vote was called and the motion carried (5-Yes: YT Bell, Mario Williams, Ahmed Hassan, Andrea Cervone, Jamie Carroll, 1-Abstain: Awet Eyasu). 

G5)  Adopt Resolution Authorizing, Among Other Things, the City Manager to Execute a Lease Supplement under the GMA Direct Leasing Program for the Lease/Purchase of Ten Public Safety Vehicles and related equipment in the Principal Amount of $620,328.10 
Mr. Gomez confirmed that the vehicles will be hybrids and he discussed some of the benefits for this vehicle type. Mr. Quinn advised that the Mayor would be the authorizing signature on the agreement. 

Andrea Cervone mad a motion to adopt Resolution Authorizing, Among Other Things, the Mayor to Execute a Lease Supplement under the GMA Direct Leasing Program for the Lease/Purchase of Ten Public Safety Vehicles and related equipment in the Principal Amount of $620,328.10.  YT Bell seconded the motion.  A vote was called and the motion carried (6, 0). 

G6)  Adopt a Resolution to Request the Georgia General Assembly to Annex Property into the City of Clarkston
Mayor Terry discussed Clarkston’s proposed annexation and the request from the Carl Vinson Institute of Government for each City to provide their proposed annexation areas. The Mayor advised that per Senator Steve Henson, the Georgia Legislation has requested holding annexations until the completion of the CVIOG study.  The City provided a map of the current proposed annexation areas. Mr. Gomez reiterated that this is a proposal for submission to the CVIOG Study Only.

ADJOURNMENT: 
Awet Eyasu made a motion to adjourn the Council Meeting. Jamie Carroll seconded the motion.  A vote was called and the motion carried (6, 0). 
Meeting adjourned.