Council Meeting Minutes November 9, 2017

Thursday, November 9, 2017
Officials Present

Mayor:                         Ted Terry
Council:                       Dean Moore, Mario Williams, Awet Eyasu, Ahmed Hassan, Jamie Carroll
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: Dean Moore, Mario Williams, Awet Eyasu, Ahmed Hassan, Jamie Carroll

Pledge of Allegiance


C1) Approve Minutes for 10-3-17 Council Meeting
Jamie Carroll made a motion to approve the minutes for the 10-3-17 Council Meeting. Ahmed Hassan seconded the motion. A vote was called and the motion carried (5, 0).

C2)  Officer of the Quarter Detective Jasond Elliott
Detective Elliott unable to attend.  Will hold at the December Council Meeting.

C3)  Officer Commendation: OFC Young D.
Assistant Chief Brown read the narratives for two Certificates of Commendation for Officer Melinda Young.

Chris Busing, Mauck Street, provided some historical information for American Composer John Phillip Sousa. He discussed considering placing limits for campaign spending in Clarkston.

Brian Medford, Rowland St, praised completion of the new bike trail that he and his family are enjoying and he looked forward to the use of SPLOST funds to further improve the community.

Amina Osman expressed concern with Rogers streets and a lack of street lighting.  Mr. Barker advised a later agenda item addresses that area.

John Short, Northern Ave discussed adding a farmers market to the area.

Andre Anderson, Church St, mentioned working with youth.

Amy Medford, Rowland St, addressed concerns for the proposed alcohol grandfather ordinance with the distance to the bus stops for the apartments, that the business did not use due diligence to ascertain any pending ordinance changes during their construction process.

Messi Kaiser discussed his issues with the prohibition of hookah in Clarkston.

Property owner for 3924 E Ponce de Leon also discussed the change for permitting hookah and he did not feel it was a health hazard.

Amina Osman spoke in support of allowing hookah.

Kevin Marb spoke in support of the business community.

Debbie Gaffman discussed the “every town for gun safety” program and asked the council to consider becoming involved.

Mr. Dau stated he had recently moved to Clarkston and that he would like to be more involved with the City.

 Mayor Terry closed Public comment




F1) Charter Review Committee recommendations
The Charter Review Committee Chair, Susan Hood, provided an overview of their process and provided the Committees recommendations thru section Article III, Section 3.03.  Ms. Hood advised that the CRC had not completed a review of the full Charter within the time frame specified by the Council, but they are willing to complete the process if the Council desires. 

Discussion on the current status of the recommendations and next steps for proceeding.

Dean Moore made a motion to transmit the current recommendations to the City Attorney to be drafted into an ordinance to consider for adoption at the December Council Meeting.  Awet Eyasu seconded the motion.  Further discussion. A vote was called and the motion carried (5, 0).

F2)  Adopt Ordinance to Allow Certain “Qualified Convenience Stores” to Obtain a New License to Sell Packaged Alcohol

Jamie Carroll stated there had been lengthy discussion in the work session to amend the ordinance to allow the business at 1051 Montreal Rd to apply for an alcohol package license.  There had also been discussion on including an extension to the time period for businesses transfer alcohol licensing, as well as questions on the distance of the Montreal business to the college.  He made a motion to table the item until the December 5 meeting to examine the issues of if the owner intended to operate coam and to confirm the distances to the college.  Dean Moore seconded the motion.  A vote was called and the motion carried (4 Yes, 1 No - Ahmed Hassan).

F3)  Friendship Forest Wildlife Sanctuary Renovations Bid
Mr. Barker detailed that on October 3rd, 2017, bids were opened for the Friendship Forest Wildlife Sanctuary Renovations project. One bid was received; TriScapes. Although the TriScapes bid submittal met the requirements set forth in the advertised bid documents, the bid amount of $2,436,069 greatly exceeded construction estimates and available funding. The City Council voted to rebid this item.

The project was rebid and new bids were opened on November 2nd, 2017. One bid was received from TriScapes a second time. The bid amount was $2,106,399.95.

The Unit Prices for each of the 70 bid items were analyzed and compared to the engineering estimate of the design firm. Every bid item exceeded the estimate and in many cases, the unit prices were 50% greater than the estimate.

The likely reasons for the high bid outcome are:

  • The number of infrastructure projects exceeds contractor availability due to current favorable economic conditions
  • Contracting community desires a longer advertisement period
  • When contacted, several firms indicated that their bonding capacity was at its limit or they were finishing current projects

Mr. Barker advised that staff recommends retaining the existing scope and to re-bid the project with a bid opening of mid-January, 2018.

Awet Eyasu made a motion to reject the bid submitted by TriScapes and to rebid the project and bring the new bid recommendations to the February Council Meeting. Mario Williams seconded the motion.  A vote was called and the motion carried (5, 0).

F4)  East Ponce de Leon Pedestrian Enhancement Project Phase III Bid
The City Manager reported that GDOT issued a “call” to local governments for “Off-System Safety (OSS) Enhancement grant funding in March 2017 for qualified projects that are able to be under contract and construction initiated in FY 17. The City made application and received an award of $80,000 for the O.S.S. grant. The proposed use for those funds is to make pedestrian enhancement on E. Ponce between Market Street and Montreal Road (Phase III).  Bid documents were prepared and the project was put out for bid, with a bid opening held on November 2. A total of eight (8) bids were received which ranged from $159,725 to $356,318.60.  Mr. Barker reported that the engineering estimate prepared in the summer of 2017 was in the range of $140,000 to $170,000. The low bidder was Sol Construction, LLC in the amount of $159,725.00.  Mr. Barker reported that the funding would come from the $80,000 O.S.S. grant and the remaining funding will be from the general fund with allocation to occur in FY 17 & 18. Staff recommends the City Council approve the low bid of Sol Construction, LLC and authorize the City Manager and City Attorney to complete contract negotiations and to authorize the Mayor to execute the contract when complete.

Jamie Carrol made a motion to approve item F4 and authorize the Mayor to execute the contract with Sol Construction, LLC, regarding the sidewalks Phase III.  Awet Eyasu seconded the motion. Discussion. Dean Moore queried if they certified that they follow ban the box?  Mr. Barker clarified that the ban the Box ordinance has a qualified exemption for contracts in excess of $100,000. Mario Williams questioned if the ban the box provides for a favoritism point system for companies that comply.  Mr. Barker reported that the ordinance indicates that it would apply for bids that are not strictly low bids. Further discussion on ban the box ordinance.

Mayor Terry called for the vote and the motion carried (5, 0).

F5)  Professional Engineering Design Services for “Multi-Modal Crossing Improvements” Bid
Mr. Barker stated that this is a bid for Professional Engineering Design Services – “Multi-Modal” Crossing Improvements for two projects.  The first project is the intersection of Rowland St and N. Indian Creek Drive.  The City, in association with the PATH Foundation, is currently in the early phases of planning, designing and implementing the conversion of Rowland Street Corridor to a “multi-modal public space.” The design renderings and proposal were presented to the City Council approximately six months ago and it became apparent that improvements were needed to the crossing (Rowland Street at North Indian Creek).  The City contracted with Wolverton & Associates in early 2017 to provide an assessment of various multi-modal crossing improvements and it was determined the rapid, rectangular flashing beacon (RRFB) alternative would be selected.

For Project #2 pertains to the Montreal Road corridor. Due to the numerous apartment complexes and significant MARTA and school bus stops, it was determined that there is a need for enhanced pedestrian crossings and sidewalk improvements on that Corridor. This RFP is for design services for these two specific projects. Bids were received and opened on November 7, 2017.  Only one bid was received and that bid was not responsive to critical elements of the Request for Proposal (RFP).  Mr. Barker stated he recommended the City retain the existing scope and re-bid with a bid opening of mid-January, 2018.

Dean Moore made a motion to re-bid with a bid opening of mid-January, 2018 and the item to come to the February Council meeting. Mario Williams seconded the motion. A vote was called and the motion carried (5, 0).

F6)  Adopt Resolution on Municipal Incorporations
Awet Eyasu advised that the Council received an email from the City of Stockbridge for us to consider a resolution to ask the Georgia General Assembly to oppose de-annexation legislation to create new municipalities; providing for severability, repealing inconsistent resolutions, providing an effective date, and for other purposes. Dean Moore discussed that a number of bills have been introduced in the General Assembly which would de-annex large portions of the City of Stockbridge in order to create a new city of Eagles Landing. He concurred that a new City should not be allowed to form by removing portions from an existing City.

Awet Eyasu made a motion to adopt the resolution supporting the City of Stockbridge to ask the Georgia General Assembly to oppose de-annexation legislation to create new municipalities; providing for severability, repealing inconsistent resolutions, providing an effective date, and for other purposes. Dean Moore seconded the motion.  A vote was called and the motion carried (5, 0).

F7) Approve City Manager Employment Contract Amendment
 Dean Moore made a motion to approve the contract for the City Manager.  Ahmed Hassan seconded the motion.  Discussion on Mr. Barker’s excellent work performance.  The Mayor called for the vote and the motion carried (5, 0).


1)  Planning & Zoning Report
No Report.  The next Planning and Zoning Meeting will be held 11-21-2017.

2) City Manager’s Report
The City Manager provided the Financial Report thru October 31, 2017. Mr. Barker advised that the draft 2018 Operating & Enterprise Budget has been presented to the Mayor and Council and he has scheduled budget meetings with the Mayor and Council the week of November 13th.  The budget is available for review on the city website and a hard copy can be viewed at the City Hall annex. 

3)  City Attorney’s Report
No report.

4)  Council Remarks
Jamie Carroll thanked everyone who participated in the election and he extended personal thanks to Dean Moore for his service to the City. Councilman Carroll reported on the proposed accessory structure ordinance that will be discussed at the next Planning and Zoning meeting is residents were interested.

Ahmed Hassan thanked the residents for supporting him and electing him for another four years. He also thanked Dean Moore for his service to Clarkston.

Awet Eyasu congratulated the two new council members, the re-elected Council members (Carroll and Hassan) and the Mayor for their successful campaigns.  He thanked Councilman Moore, who he felt has been a great asset and he looks forward to working with him in the future in a different capacity. He reminded that the Community and Urban Development SAC will be holding a meeting on 11-15-17 to provide a presentation on tax incentives.

Mario Williams said there was a tremendous voter turnout and he attributed that success to Mayor Terry. He thanked Dean Moore who had encouraged Councilman Williams to run.  Councilman Williams congratulated all the winning candidates.

Dean Moore thanked the Council for their glowing accolades. He discussed the knowledge he had gained while serving the City and he looked forward to continuing to support the City of Clarkston.

5)  Mayor’s Report
Mayor Terry congratulated Councilman Hassan and Carrol for their re-election and Andrea Cervone and YT Bell for their election. Mayor Terry reported that Andrea Cervone would be sworn in at the 12-5-17 Council meeting and YT Bell  and the other winning candidates would be sworn in at the 1-2-2018 Council Meeting. He thanked Vice Mayor Dean Moore for his years of service.


Dean Moore made a motion to adjourn the Council Meeting.  Jamie Carroll seconded the motion.  A vote was called and the motion carried (5, 0).

Meeting adjourned.