City Council Meeting Minutes 5-7-2019

MINUTES

CLARKSTON CITY COUNCIL

Tuesday, May 7, 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

 

A. CALL TO ORDER
Mayor Terry called the meeting to order at 7:00pm.

B. ROLL CALL:
Present:  YT Bell, Mario Williams, Awet Eyasu, Ahmed Hassan, Andrea Cervone

Councilmember Jamie Carrol arrived 7:09pm.

PLEDGE OF ALLEGIANCE

C.  ADMINISTRATIVE BUSINESS/ PRESENTATION

C1) Approve Minutes: Council Meeting 5-7-19
Andrea Cervone  made a motion to approve to approve the minutes with amendments “corrections provided Consultant Kaiser by email (4/3/19) that for item G6)  Approve the Award of lowest bid received by Ohmshiv Construction, LLC, in the amount of  $1,109,175.15,  the corrected low bid amount should be: $1,041,182.20.” Awet Eyasu seconded the motion.  A vote was called and the motion carried (5, 0).

C2)  Georgia State University Panthers Accelerated Career Experience (PACE) J. Mack Robinson School of Business.
PACE Students provided a presentation.

C3)  100% Clean Energy Presentation
Greenlinks Group provided a presentation.

D. REPORTS: 
1) Planning & Zoning Report
Shawanna Qawiy reported receipt of four Historic Preservation Commission (HPC) applications.  Modification of flood maps and the study are with the City Attorney for review.

 

2)  City Manager’s Report
Mr. Gomez provided the current financial report through April 30, 2019. He provided an update on the Streetscape construction.  He commended the success of the Clarkston Culture Fest. Mr. Gomez reported there will be a Public Information Open House on May 20 for the Rowland Street.  GDOT will hold a Public Information meeting (6/18) for I-285 express lane proposed changes.  He encouraged everyone to attend the Milam Pool opening on May 24; admission will be free and hotdogs will be served from 11am to 1pm.

3)  City Attorney’s Report
Mr. Quinn provided an update on the nuisance abatement action on 590 Woodland started approximately 2 years ago. DeKalb County is foreclosing on the property due to non-payment of taxes and the city may be repaid for the prior demolishing of the structure.

4)  Council Remarks
YT Bell reported on attending the cottage home open house.  She has spoken with a Clark Estates resident about annexation.

Awet Eyasu reported on attending the Clarkston Historic Preservation meeting (5/18), the Art contest judging at Jolly Elementary, Immigration Rights and responsibility meeting and the Culture Fest and Immigration Roundtable meeting.

Jamie Carrol reported on the Coffee with Council and the Culture Fest.

Andrea Cervone discussed the Historic preservation and the Coffee with Council meetings.  She reported on the upcoming micro farming working session (5/18) and a second Historic Preservation 101.  She will be attending the Spring GMA training and she has applied for a CDBG to assist with energy retrofit for single family or owner occupied housing.

5)  Mayor’s Report
Mayor Terry applauded the Clarkston High Schools boys’ soccer team’s efforts in their playoff game.

Mayor and Council recognition of City Clerk Tracy Ashby for Municipal Clerks Week. Mayor Terry read the resolution.

E. 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.

Warren Hadlock discussed his opposition to the East Ave rezoning that is proposed.

Victoria Webb expressed her opposition to the annexation/rezoning of the Eat Ave properties.  She requested Council deny the request.

Dean Moore spoke on concerns for code enforcement if larger livestock animals are permitted under the proposed urban agriculture ordinance. He requested the East avenue properties remain NR-1 zoning.

Susan Hood reported she is working on the final Charter Review recommendations and the draft will be forthcoming.  She discussed the importance for the council to hire a professional to update the zoning ordinance.

Kathleen Andros Spoke in support of smaller homes.

Chris Busing Discussed code enforcement meeting and supported that code not being enforced unless there are direct complaints. He expressed concerns with proposed changes to the meeting comment policy.

Public Comments closed

F.         OLD BUSINESS

F1) Public Hearing Regarding Application to Rezone 3827, 3835 and 3861 East Avenue from conditional NR-1 (Low Density Residential) to Conditional 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 36 cottage style homes with 24 conditions.

Proposed Zoning Conditions for 3827, 3835 and 3861 East Avenue:

1.     The property will generally be developed substantially as depicted on the attached conceptual site plan dated April 29, 2019, particularly as to the depicted site configuration and vegetated buffers. Such conceptual site plan is attached hereto and labeled as Exhibit “B.”

2.     The site shall have no more than thirty-six (36) single family cottage-style homes.

3.     None of the homes will have more than three (3) bedrooms.

4.     The building materials for the homes shall be a mixture of real brick, stone or hardi-plank siding.  No vinyl siding shall be allowed.

5.     All homes will be wired to be electric vehicle and solar ready.

6.     The driveways and sidewalks of each unit shall be a pervious material.

7.     The outlet structure for the storm water system and the location of the storm water facilities shall be substantially the same as depicted on the plans attached hereto and labeled as Exhibit “C,” subject to approval by the City’s engineer.  Developer shall work with the City’s engineer to ensure that adequate erosion control measures are provided to protect the streams.

8.     A majority of the trees planted on the site will be of a native species.  No non-native species will be planted on common areas of the property.  No more than two (2) accent trees, such as Japanese Maples, may be planted in each individual yard.

9.     Developer shall grant to the City a 10’ permanent easement and a 30’ construction easement for the future construction of a trail system near the northeast corner of the property as shown on the conceptual site plan attached as Exhibit B.  Such easement shall be located such that it does not encroach within the required 75’stream buffer of Snapfinger Creek.

10.   The developer shall donate $40,000 to the Clarkston Affordable Housing Trust or the Clarkston Environmental Trust, at the City’s election, prior to recording the Final Plat

11.   The developer is required to adhere to all development reviews required by the City of Clarkston including, but not limited to, for the land disturbance permit, landscape and tree replacement plans.

12.   The developer shall adhere to all reviews as required by outside agencies with jurisdiction over the property, including but not limited to, DeKalb County Fire Marshal’s office, DeKalb County Water and Sewer Department and the Georgia Soil and Water Conservation Commission.  

13.   All lots developed at the property shall be subjected by restrictive covenant to participation in a mandatory homeowners’ association (“HOA”) as described by these conditions.

14.   A maximum of three (3) of the homes may be rented or non-owner occupied at any given time.  This restriction shall be included in the HOA governing documents and be binding upon all home owners.

15.   The HOA shall have a professional engineer inspect the storm water facilities and prepare a report on such facility’s condition bi-annually.  This report shall be promptly submitted to the city manager.

16.   The HOA shall be managed by a third-party manager employed by the HOA Board of Directors.

17.   The developer shall provide a copy of the HOA documents to the city for review and approval prior to recording.  The documents shall include the following requirements:

a.   All landscaped areas, including those located on individual lots, shall be maintained by the HOA.

b.   All streets shall be private and maintained by the HOA.

c.   There shall be an Architectural Review Board.  This ARB shall be chaired by the developer until 51% of all the homes are constructed.  Standards or revisions to any structure shall be approved by the ARB.

d.    The Developer shall remain the Declarant until 100% of the homes have been sold.

e.     Any change to the management structure of the Board will have to be approved by the Homeowners Association Board of Directors.  The HOA will always be managed by a third party management company.

18.   Prior to selling any lots, developer shall convey to the City an access easement for inspection (not maintenance) of the storm water facilities on the property.  The HOA shall maintain such facilities.

19.   Every home shall have a minimum of one visitor parking space to be located behind each home’s carport.

20.   Common areas shall be jointly owned by the owners of the individual parcels.

21.   Yards along the exterior shall include an opaque, vegetated landscaped buffer on the sides that abut other residential properties.

22.   Final plat with covenants shall be submitted, reviewed, accepted and recorded before construction begins. Recording of the covenants and final plat shall create a separate lot for each dwelling place and subjects each lot in the development to private deed covenants that assure the continuance of the approved plan as submitted with the required maintenance of the common areas.

23.   The city manager (in consultation with an appropriate expert) shall review and approve the landscape plan for compliance with “regenerative landscaping” principles.

24.   All lots created on the property shall conform with the required dimensions and other development controls applicable in the NR-3 zoning district, unless a variance is granted by the City.

 

Public Hearing

Support:

Hazel Poe, current co-owner of the property, spoke in support of the project. 

 

Opposed:

Lisa Williams spoke in opposition to the proposal.

Ann McCormack spoke in opposition to the proposal

Ashley Kehrer spoke in opposition to the proposal

Pat Davis-Morris spoke in opposition to the proposal

Dean Moore spoke in opposition to the proposal

 

Mayor Terry closed the public hearing.

 

The City Attorney discussed the amended proposed conditions.  Councilman Williams questioned if the application should be returned to Planning & Zoning for review based on the new conditions.  Mr. Quinn advised that would be a policy decision if the Council felt the application should be reviewed by Planning & Zoning, but legally it is not required as the project is still substantially the same as what the Planning & Zoning Committee reviewed. Further discussion on the proposed project.

 

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)

 Mayor Terry opened the floor for a motion. 

 

Awet Eyasu made a motion Deny the application to Annex 3827, 3835 and 3861 East Avenue and Assign NR-1 Zoning Designation (City’s designation analogous to existing DeKalb zoning).   Mario Williams seconded the motion.  Vote:  Yes -Ahmed Hassan, Awet Eyasu, Mario Williams, No- Andrea Cervone, Jamie Carroll, YT Bell. Mayor Terry broke the tie and voted NO. Motion failed (3, 4).

 

The Mayor re-opened the floor for a motion.

Jamie Carroll made a motion to approve the application to Annex 3827, 3835 and 3861 East Avenue and Assign NR-1 Zoning Designation.  YT Bell seconded the motion.  A vote was called Yes- Andrea Cervone, YT Bell, Jamie Carroll, No-Ahmed Hassan, Awet Eyasu, Mario Williams.  Mayor Terry broke the tie and voted  Yes and the annexation is approved (4, 3).

 

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

Mayor Terry opened the floor for a motion. 

 

Jamie Carroll made a motion to approve the application to rezone 3827, 3835 and 3861 East Avenue from NR-1 (Low Density Residential) to NR-3 (High Density Residential) with the 24 conditions on Exhibit A.  YT Bell seconded the motion.  Discussion: Mario Williams stated that the developer has admitted to making considerable changes and the Planning & Zoning have not seen those changes so how can we approve the application without Planning & Zoning reviewing the changes. Jamie Carroll stated he sat on the Planning & Zoning committee for three years, and he respects their respects their recommendations and after attending their last meeting, he felt many of their concerns had been addressed by the conditions and he discussed those specifically. He discussed that if the applicant chose to go to DeKalb County to develop the property, he felt many of those conditions would not be placed on the project. Further discussion on referring the item back to the Planning & Zoning committee.

 

Mayor Terry called for the Vote: Yes- YT Bell, Andrea Cervone, Jamie Carroll, No- Awet Eyasu, Ahmed Hassan, Mario Williams, the Mayor broke the tie and voted Yes. Motion approved (4, 3).

 

G.        NEW BUSINESS

G1) Discussion for Application for a proposed planned Cottage Home Development (CHD) consisting of eight (8) cottages, on 0.57 acres, located at 1160 Vaughan Street, Clarkston, GA 30021. (Public Hearing 5-7-19 Council Meeting)

 

Mayor Terry opened the public hearing.

 

Public Hearing

Support: No speakers

 

Opposed:

Kim Bucciero, the representative for MicroLife, spoke in support of the proposal.

Lisa Williams spoke in support of the proposal.

 

No other speakers.  Mayor Terry closed the public hearing.

 

G2) Discussion of  proposal by MicroLife Institute to build a planned Cottage Home Development (CHD) located at 1160 Vaughan Street, Clarkston, GA 30021, to use 1179 Smith Street  and Vaughan Street- (unopened right-of way)  as a part of the CHD development.

Mayor Terry opened the floor for a motion.

Jamie Carrol made a motion to approve the application by MicroLife Institute to build a planned Cottage Home Development (CHD) located at 1160 Vaughan Street, Clarkston, GA 30021, to use 1179 Smith Street  and Vaughan Street- (unopened right-of way)  as a part of the CHD development.

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

 

G3 Adopt Summer/Fall Youth Tennis Program at Milam Park with South Atlanta Community Tennis Association

Andrea Cervone made a motion to Adopt Summer/Fall Youth Tennis Program at Milam Park with South Atlanta Community Tennis Association.  Ahmed Hassan seconded the motion. A vote was called and the motion carried (6, 0).

 

G4)  Agreement to Purchase Real Estate, Tax Parcel Id # 18-119-09-004 as part of the E Ponce de Leon Streetscape Improvement Project  

Mayor Terry reported this will create a MARTA bus carve out at near Brockett Road and purchasing the triangle area to develop as a pocket park.

 

YT Bell made a motion to adopt the agreement to purchase Real Estate, Tax Parcel Id # 18-119-09-004 as part of the E Ponce de Leon Streetscape Improvement Project.  Awet Eyasu seconded the motion. A vote was called and the motion carried (6, 0).

 

G5) Adopt resolution to Refer a Plastic Bags and Single-Use Plastics Ban for study to the Environment & Natural Resources Committee

Awet Eyasu made a motion adopt the resolution to refer a Plastic Bags and Single-Use Plastics Ban for study to the Environment & Natural Resources Committee. YT Bell seconded the motion. A vote was called and the motion carried (6, 0).

 

G6) Adopt Urban Agriculture Consulting Agreement with Roots Down Consulting LLC

Council discussion on the agreement and terms.  Council Members Hassan and Eyasu requested this be held until the next year’s budget.  Council Member Cervone detailed the purpose to approve and move forward.

Andrea Cervone made a motion adopt Urban Agriculture Consulting Agreement with Roots Down Consulting LLC.  Jamie Carroll seconded the motion. A vote was called and the motion carried Yes, Andrea Cervone, YT Bell, Jamie Carroll, Mario Williams, No- Awet Eyasu, Ahmed Hassan, (4, 2).

 

G7)  Adopt Council Comment Policy

Mayor Terry stated that the comment policy for the work session will remain the same, time limit of 3 minutes per speaker.  For City Council meetings, the public comment period will limit speakers to 3 minutes and the overall comment period will be limited to 40 minutes.  

 

Ahmed Hassan made a motion to adopt the Council Comment Policy and rules of decorum.YT Bell seconded the motion. A vote was called and the motion carried (6, 0).

 

G8) Adopt Resolution to Establish Public Hearing Procedures for Zoning Hearings

The City Attorney reported on the public comment for public hearings and detailed the speaker registration process for public hearings only. Speakers can register online 9a-4p or at City Hall (Council Room), starting one hour prior to the meeting, up to 5 minutes before the hearing.

 

Andrea Cervone made a motion to adopt the Resolution to Establish Public Hearing Procedures for Zoning Hearings.  Ahmed Hassan seconded the motion. A vote was called and the motion carried (5, 1- Awet Eyasu).

 

ADJOURNMENT:

Andrea Cervone 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

 

ATTEST:

Tracy Ashby
City Clerk, City of Clarkston
Approved: 6-4-2019