City Council Meeting Minutes 4-2-2019

 

MINUTES
CLARKSTON 
CITY COUNCIL
Tuesday, April 2, 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 7:20pm.

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

Pledge of Allegiance

C.  ADMINISTRATIVE BUSINESS/ PRESENTATION

C1) Approve Minutes: Special Call 1-29-19 and Special Call 3-2-19 and Council Meeting 3-5-19
Jamie Carroll made a motion to approve to approve the minutes for the Special Call 1-29-19 and Special Call 3-2-19 and Council Meeting 3-5-19. Andrea Cervone seconded the motion.  A vote was called and the motion carried (6, 0).

C2)  Introduce New Hire Employees:  OFC Alberta Fountain
City Manager Robin Gomez introduced and welcomed new Police Officer Alberta Fountain.

D. PUBLIC COMMENTS
Any member of the public may address the Council, during the time allotted for public comment. Each attendee will be allowed 3 minutes for comments at the discretion of the Presiding Officer. The public comment period will be limited to 30 minutes and it is not a time for dialogue. If your public comment contains a series of questions, please provide those questions to the City Clerk in writing on the Public Comment Card. This will facilitate follow-up by the council or staff. The City Council desires to allow an opportunity for public comment; however, the business of the City must proceed in an orderly, timely manner.

Mayor Terry noted that the Council had discussed updating the Public comment process at the next Council Meeting and he read provided a detailed explanation of the proposed updates.

Susan Hood addressed comment on the proposed zoning rewrite. She stated the City manager has recommend the city hire a professional firm to oversee the zoning reform process and she encouraged the council to follow this recommendation.

Katie Jones Spoke on her CPTED (Crime Prevention Through Environmental Design) certification and encouraged the Council to think of ways to incorporate CPTED into the community.

John Cargile discussed the proposed zoning reform.  

Adrya Stembridge asked that the Council to deny the proposed annexation/rezoning for East Ave.

Jan Riley addressed comments on the proposed zoning reform.

Amina Osman spoke on the sanitary condition in the older apartments and her support of the proposed annexation.

Beverly Burks requested a standard procedure for how the City does impact analysis and she inquired on what communication was provided to notify neighbors of the Glendale development.

Chris Busing spoke on the new proposed comment policy.

Warren Hadlock supported Susan Hoods request for a professional company to undertake the zoning ordinance re-write and he does not support the non-discrimination ordinance.

Pat Davis-Morris addressed concerns on the proposed zoning reform and her concerns change can have on the character of neighborhoods.

Dean Moore Supported the hiring of a professional to manage the zoning ordinance re-write.

E. REPORTS: 
1) Planning & Zoning Report
Shawanna Qawiy reported the property owners at 1160 Vaughan Street have submitted an application for 8 cottage home development with a minimum of 460 SF.  Public Hearting’s have been advertised for the 4/16 Planning and Zoning Meeting and the 5/7 Council Meeting. The Zoning Reform is still open for public comment and public hearings have been advertised for the 4/16 Planning and Zoning and the 5/7 Council Meeting and a hard copy is available at the City Hall Annex for public review. The Peachtree Creek Greenway Parks and Tail Plan is also available for review at the City Hall Annex and the city website.

2)  City Manager’s Report
Mr. Gomez provided the current financial report for Fiscal Year 2018. He detailed the progress of the road safety audit. He thanked the college spring break students who have come to Clarkston to volunteer on projects. Mr. Gomez encouraged attendance for the upcoming events: Fresh Harvest Market, the Culture Fest.

3)  City Attorney’s Report
No Report

4)  Council Remarks
Andrea Cervone discussed the upcoming Historical Preservation Lunch and Learn and invited interested residents to attend.

Jamie Carroll addressed previous comments on the need for impacts studies for development.  He stated the zoning reform ordinance would allow for the planning department to request for economic, environmental and traffic impact studies and it would add a requirement for the Planning department to mail notices on development to all neighbors within 300 feet.

Awet Eyasu reported on attending round table discussion at Emory University for Project Shine.

YT Bell reminded of the Community Health Fair on 4/28 and she discussed the free services they will offer.

5)  Mayor’s Report
Mayor Terry thanked Robin Gomez for his first three months on the job. He thanked the Chief for the positive comments he had received regarding the Police Department. He addressed he was not trying to cut attendees off during public comments, but that he was working to maintain the three minute rule for speaking. He discussed having more “coffee with Council” events to allow more opportunity for residents to discuss concerns.

 

F. OLD BUSINESS

F1) Public Hearing Regarding Application to Rezone 3827, 3835 and 3861 East Avenue from NR-1 (Low Density Residential) to NR-3 (High Density Residential)

 Mayor Terry recognized the applicant Mr. Braswell, Oak Hall Companies, who presented the proposed plan to annex 6 acres into the city and build 37 cottage style homes.  He requested conditions that would be placed on the property if the zoning is approved:

Property would be developed substantially as the site plan indicates

Site would have no more than 37 homes built

All homes will be a maximum of 3 bedroom

All construction materials will be real brick, stone, or hard plank siding, no vinyl siding

All homes will be wired to be EV and solar ready

All Driveways and sidewalks shall be pervious material

No more than 10% of the homes shall be rental or non-owner occupied

The outlet structure for stormwater will be substantially the same as exhibit A

Mandatory HOA menaced by third party

Majority trees native species

Easement to city for future trail system

Site plans will be approved by DeKalb County

Will donate $40K to Clarkston affordable housing fund

Seller request if the City will not approve the zoning, then they request the property not be annexed.

 

Public Hearing
Support:

Amina Osman spoke in support of the annexation/rezoning.

Mayor closed the proponent’s side

 

Opposed:

Warren Hadlock spoke in opposition to the proposal.

Ann McCormick spoke in opposition to the proposal.

Lisa Williams spoke in opposition to the proposal.

Dean Moore spoke in opposition to the proposal.

 

Mayor Terry closed the public hearing.

 

F2) Consider Application to Annex 3827, 3835 and 3861 East Avenue and Assign NR-1 Zoning Designation (City’s designation analogous to existing DeKalb zoning)

Councilman Williams forwarded questions regarding soil erosion. Further discussion on stormwater and traffic calming measures. Clarification that under the current DeKalb zoning, R85, 22 homes could be built on the property and the City cannot ‘landlock’ the property, but would have to grant road access onto East Avenue.

 

Ms. Poe, one of the current property owners stated that she wanted what was best for the property and the family intends to sell the property.

 

Jamie Carroll made a motion to table proposal to until the next work Session/Council meeting, to allow further review of the proposed conditions. Andrea Cervone seconded the motion.

Discussion: Awet Eyasu questioned the need to table the proposal.

Vote 4-YES: YT Bell, Jamie Carroll, Ahmed Hassan, Andrea Cervone, 2-NO: Awet Eyasu, Mario Williams; motion carried.

 

 

F3) Consider Application to Rezone 3827, 3835 and 3861 East Avenue from NR-1 (Low Density Residential) to NR-3 (High Density Residential)

Jamie Carroll made a motion to table the Rezoning request until the next work Session/Council meeting.  YT Bell seconded the motion.

Discussion: Awet Eyasu questioned the need to table the item.

Vote: 4-Yes: YT Bell, Jamie Carroll, Ahmed Hassan, Andrea Cervone, 2-NO: Awet Eyasu, Mario Williams; motion carried.

 

G. NEW BUSINESS

G1) G1) Adopt Resolution – City of Clarkston Partnership and Support of the 2020 US Census

Mayor Terry advised this was discussed in the work session and the City wants to form a Clarkston Counts Committee to assist with the upcoming census.

YT Bell made a motion to adopt the Resolution for a City of Clarkston Partnership and Support of the 2020 US Census. Awet Eyasu seconded the motion.  A vote was called and the motion carried.

A vote was called and the motion carried (6, 0).

 

G2) Approve City of Tucker Intergovernmental Agreement for Municipal Court Services

Mr. Gomez detailed the City of Tucker has requested to utilize the City of Clarkston court staffing and facilities to conduct and increase the monthly court sessions to three,  for prosecution of city ordinance violations.  The proposed City of Tucker updated agreement stipulates that the City of Tucker will pay $800 per session for use of courtroom facility and court clerk staffing services.  The cost of fees related to the City of Tucker municipal judge, solicitor, public defender, interpreters, and other court support personnel will be paid directly by the City of Tucker to the provider of those services. The term of the agreement is for the period June 1, 2019 through December 31, 2019. Staff recommends approval of the attached Intergovernmental Agreement for the City of Clarkston to provide Municipal Court Services for the City of Tucker.

 

YT Bell made a motion to Approve City of Tucker Intergovernmental Agreement for Municipal Court Services. Ahmed Hassan seconded the motion.  A vote was called and the motion carried.

A vote was called and the motion carried (6, 0).

 

G3)  Adopt Resolution Authorizing, Among Other Things, the Mayor to Execute a Lease Purchase Agreement for the Lease/Purchase of Upgraded Police Radios in the amount of $108,432

The City manager reported that Staff has obtained a quote from Motorola Solutions, Inc. for the issuance of a lease agreement for the purchase a total of 21 APX6000 Portable Radios and 6 APX6500 Mobile Radios in the amount of $108,432 with an anticipated closing date of April 5, 2019. The interest rate charged on the principal balance will be 5.22% annually amortized over 5 years.  Accordingly, the lease payments will made in quarterly payments of $6,198.52 over the next 5 years.  Total interest payments to Motorola Solutions, Inc. over the life of the lease will be $15,538.40. Staff recommends the City Council adopt the attached Resolution to Execute the Lease Agreement with Motorola Solutions, Inc.   

 

Awet Eyasu made a motion to Adopt Resolution Authorizing, Among Other Things, the Mayor to Execute a Lease Purchase Agreement for the Lease/Purchase of Upgraded Police Radios in the amount of $108,432. YT Bell seconded the motion.  A vote was called and the motion carried.

A vote was called and the motion carried (6, 0).

 

G4)  Adopt a Non-Discrimination Ordinance

Andrea Cervone detailed the prior meetings and process to draft the proposed Non-Discrimination Ordinance. The intent is to safeguard the civil and human rights in the community. Mario Williams spoke in support of the ordinance and the need to be proactive in protecting the community.

 

Andrea Cervone made a motion to adopt a Non-Discrimination Ordinance. Mario Williams seconded the motion. 

Discussion: Awet Eyasu mentioned concerns that no complaint has been submitted previously to the City and that the residents are not voicing support of the ordinance. He requested if the ordinance could be amended to cover groups that are not protected under State/Federal laws. He expressed concerns with potential costs to the City as a result of future complaints filed. YT Bell relayed personal complaints she had received from residents.

A vote was called and the motion carried (4-Yes: YT Bell, Jamie Carroll, Andrea Cervone, Mario Williams, 2-No: Ahmed Hassan, Awet Eyasu (Abstain)).

 

G5) Approve the Award of lowest bid received by Ohmshiv Construction, LLC, in the amount of $272,212.38, to Construct Pedestrian Crossing Improvements at N Indian Creek and Rowland St, SPLOST 04A

Mr. Kaiser provided a brief overview of the bid process and project scope.

 

Jamie Carroll  made a motion to Approve the Award of lowest bid received by Ohmshiv Construction, LLC, in the amount of $272,212.38, to Construct Pedestrian Crossing Improvements at N Indian Creek and Rowland St, SPLOST 04A. Awet Eyasu seconded the motion.  A vote was called and the motion carried (6, 0).

 

G6)   Approve the Award of lowest bid received by Ohmshiv Construction, LLC, in the amount of    $1,109,175.15, to provide new ADA accessible pedestrian safety improvements on East Ponce de Leon and parts of Church St from Erskine crossing over the CSX railroad track, SPLOST 04D

NOTE For Minutes: Consultant Kaiser clarified by email (4/3/19) the corrected low bid amount should be: $1,041,182.20

 

Mr. Kaiser provided a brief overview of the bid process and project scope.

 

Awet Eyasu  made a motion to approve the Award of lowest bid received by Ohmshiv Construction, LLC, in the amount of  $1,109,175.15 (Correction: $1,041,182.20), to provide new ADA accessible pedestrian safety improvements on East Ponce de Leon and parts of Church St from Erskine crossing over the CSX railroad track, SPLOST 04D.   Mario Williams seconded the motion.  A vote was called and the motion carried (6, 0).

 

G7)  Adopt Resolution Authorizing, Among Other Things, Amending the FY2018 Operating Budget

The City Manager detailed the budget amendment in needed to correct the Final FY2018 amended budget appropriations based on actual expenditures in FY2018. The amended departments are: the General Fund increase is $226,342, the Police Federal Seizures Fund increase by $52,400, Police City Seizures Fund by $5,360, increase Grants Fund by $22,156, and increase the Sanitation Fund by $6,000

 

Ahmed Hassan made a motion to adopt Resolution Authorizing, Among Other Things, Amending the FY2018 Operating Budget.   YT Bell seconded the motion. 

Discussion on reviewing/amending personnel policies to plan for future costs.

A vote was called and the motion carried (6, 0).

 

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 9:45pm.