City Council Meeting Minutes 1-7-2020

MINUTES

CLARKSTON CITY COUNCIL

Tuesday, January 7, 2020

Officials Present

Mayor:                    Ted Terry
Council:                  YT Bell, Jamie Carroll, Awet Eyasu,

Ahmed Hassan, Laura Hopkins, Debra Johnson

City Manager:         Robin I. Gomez
City Clerk:              Tracy Ashby
City Attorney:        Stephen Quinn

 

 

  1. CALL TO ORDER
    Mayor Terry called the meeting to order at 7:19pm.

 

  1. ROLL CALL/ PLEDGE OF ALLEGIANCE

Present:  YT Bell, Jamie Carroll, Awet Eyasu, Ahmed Hassan, Laura Hopkins, Debra Johnson

                                                                      

  1. ADMINISTRATIVE BUSINESS/ PRESENTATION

C1) Approve Minutes: Council Meeting 12-3-2019

Awet Eyasu made a motion to approve the Council Meeting 12-3-2019 minutes.  YT Bell seconded the motion.  A vote was called and the motion carried. (6, 0).

 

C2) Swear -In elected Council Members
Judge David Will administered the oath of office to elected Council Members Awet Eyasu, Laura Hopkins and Debra Johnson.

 

Jamie Carroll made a motion to Amend the agenda and table the Consent Agenda items D1, D2,D3,D4, and Item H4 until the January 28 work session/ February 4 Council Meeting. YT Bell seconded the motion.  A vote was called and the motion carried (6, 0).

 

C3) Council Elect Vice-Mayor
Ahmed Hassan made a motion to appoint Awet Eyasu as Vice Mayor.  Laura Hopkins seconded the motion.  A vote was called and the motion carried (5-Yes: Laura Hopkins, YT Bell, Ahmed Hassan, Jamie Carroll, Awet Eyasu, 1- Abstain: Debra Johnson).

 

D.       CONSENT AGENDA

D1) Confirm Attorney- Tabled

D2) Confirm Auditor- Tabled

D3) Confirm Judge- Tabled

D4) Confirm Solicitor - Tabled

 

E.       REPORTS: 

1)  Planning & Zoning Report
Shawanna Qawiy reported on the submitted Conditional Use Permit applications for 4008 EPDL and Brava Auto Brokers (1352 Brockett Rd).

 

2)  City Manager’s Report
Mr. Gomez provided the status for the Streetscape project. He welcomed the new council members and thanked the council for his one year of service with the City.

 

3)  City Attorney’s Report
Mr. Quinn had no report but congratulated the new council members.

 

4)  Council Remarks

YT Bell congratulated the new council members and Awet Eyasu on his second term.

Ahmed Hassan wished everyone a Happy New Year and congratulated the new council members.

 

Debra Johnson thanked the voters for their support and reported she would work diligently for the community.

 

Jamie Carroll congratulated the new council members.

 

Awet Eyasu thanked the Clarkston voters and he congratulated the new council members and thanked the previous council members for their service.

 

Laura Hopkins thanked the City Manager and Department Heads for their in-depth orientation. 


5)  Mayor’s Report
Mayor Terry announced the Senior Living development construction is underway and they will be providing information on the development and a waiting list residents can sign up for. He congratulated the new council members.

 

F.       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 40 minutes and it is not a time for dialogue. If your public comment contains a series of questions, please submit those to the City Clerk in writing. 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 advised that the annexation item had been tabled and the council plans to schedule a town hall meeting and to schedule more public meetings prior to any vote on the item.

 

Warren Hadlock discussed his opposition to the proposed annexation.

 

Bennet Bryan thanked the council for their service and advised he is running for the Georgia Court of Appeals.

 

Ray Rich discussed a code complaint on Clarkton Station.

 

Amina Osman discussed code issues with the apartments.

 

Nicholas Cannon addressed concerns with the proposed annexation including the N. DeKalb Mall area.

 

Brian Medford congratulated the new council members and thanked the Public Works Department for their excellent work with cleaning up on Rowland Street.  He expressed a concern with the apartments.

 

John Beck congratulated the new council members.

 

City Attorney Stephen Quinn detailed the multi-step process for annexation. The Council resolution is only the first step. An adopted resolution is transmitted to the Georgia General Assembly which must take up a bill and they must approve, and then a referendum is called and the voters in the proposed annex areas must pass a majority vote for the annexation to go into effect.

 

Annex area resident stated he felt they did not want the annex process started in the first place.

 

Benjamin Price spoke on concerns with the proposed annexation.

 

Resident of Laurel Ridge community spoke on concerns with the proposed annexation.

 

Resident outside the proposed annex area expressed concern of not being included if the North DeKalb Mall was annexed and impacts on her neighborhood.

 

Kim Ault spoke in support of the Proskueno School conditional use permit request.

 

G.       OLD BUSINESS

None

 

H.       NEW BUSINESS

H1) PUBLIC HEARING: Conditional use permit for property located at 3729 Church Street

Shawanna Qawiy detailed the public hearing is consider a conditional use request from the Proskueno Ministries, Incorporated for the property to be used as office space, community meetings, and trainings for Christian multicultural worship. She also read the criteria for conditional use permits. Staff has recommended approving the conditional use permit request, with the condition to adhere to Sections 1107 Minimum off-street parking requirements, 12-28 Noise, and 10-20 Noise Violations, of the City of Clarkston’s Code of Ordinances.

The Planning and Zoning Board met on 12/17/2019 and recommended approving Staff’s recommendations.
 

The applicant spoke on behalf of the application.

 

Council discussion on the application and the 50 ft set back requirement for places of gathering.  The City Attorney clarified he interpreted that requirement to apply for a new building and not an existing structure which would be considered grandfather, and that the CUP, if approved, would stay with the location. Council questions on parking and applicants stated most attendees would be dropped off and not require parking.

 

Public Hearing:

Mayor Terry called the Public Hearing
In Support

Brian Medford spoke in support of the application.

Dean Moore spoke in opposition of the application

Sara Sunami spoke in support of the application.

Angela (resident) in support of the application.

Heidi Miller spoke in support of the application.

Amina Osman spoke in support of the application.

Beverly Burks asked that the item be tabled.

Susan Hood asked that the item be tabled.

John Beck asked that the item be tabled.

 

Mayor Terry closed the in support portion and open the opposition.

No Speakers

 

Laura Hopkins made a motion to table the until the next meeting to receive fire marshal report and research how to make this work best for the community. Debra Johnson seconded the motion.

Discussion: Council discussed the process for fire marshal inspection and Ms. Qawiy clarified that fire inspection is only conducted after a business license has been submitted and the use of the property has already been determined. She clarified that capacity can be specified by the council. She confirmed that if they applied as office space or a school they do not require the CUP, but their intended use is not for just a school or office space.

 

The vote was called for Yes- 3: Laura Hopkins, Debra Johnson, Awet Eyasu, No-3: YT Bell, Ahmed Hassan, Jamie Carroll).  The Mayor broke the tie and voted No, the motion failed.

 

Jamie Carroll made a motion to approve the conditional use permit with the conditions recommended by staff including:  

1.        The applicant must make application for a City business license/permit and show documentation that the organization is a bona fide non-profit 501 (c) (3) with hours of operation.

2.        The applicant shall not charge a fee nor accept compensation for such services.

3.        The applicant must have a life safety inspection conducted by the DeKalb County Fire Marshal’s office before a certificate of occupancy is issued.

4.        The applicant must comply with all applicable State childcare services and exemption requirements for all programs offered annually.

 

YT Bell seconded the motion.

Discussion: That this is an opportunity to provide programs for children.

 

A vote was called and the motion carried (3 YES: Jamie Carroll, YT Bell, Ahmed Hassan, No-2: Laura Hopkins, Debra Johnson, 1- Abstain: Awet Eyasu)
 

H2) PUBLIC HEARING: Conditional use permit for property located at Parc 1000 Apartments; 1000 Montreal Road, Apartment 37A

Shawanna Qawiy detailed the public hearing  is to consider a conditional use request from the Center for Pan Asian Community Services (CPACS) to locate an afterschool program, summer programs and parental support in an apartment unit at the Parc 1000 Apartments.  Staff has recommended, and the Planning and Zoning Committee has confirmed approval of the application with the following conditions:

1.        The applicant must make application for a City business license/permit and show documentation that the organization is a bona fide non-profit 501 (c) (3) with hours of operation.

2.        The applicant shall not charge a fee nor accept compensation for such services.

3.        The applicant must have a life safety inspection conducted by the DeKalb County Fire Marshal’s office before a certificate of occupancy is issued.

4.        The applicant must comply with all applicable State childcare services and exemption requirements for all programs offered annually.

 

The applicant spoke on the application and responded to questions from the Council. Discussion that the Planning & Zoning Committee has recommended limiting approved applications to 1 per 100 units and that the CUP use, if approved, follows the property.

 

Public Hearing

Mayor Terry opened the Public hearing

Support

Amina Osman spoke in support of the application.

San Tran spoke in support of the application.

Pete Brock spoke in support of the application.

Resident spoke in support of the application.

 

Opposition

No Speaker.

 

Jamie Carroll made a motion to approve the Conditional Use Permit with the same staff conditions that applied to the previous conditional use permit. Ahmed Hassan seconded the motion. 

Discussion on the staff to child ration which is typically 5/6 to 1 and groups rotate out.

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

 

H3) PUBLIC HEARING: To amend the Clarkston Zoning Ordinance to allow apartments units to be used by non-profit corporations for childcare and/or tutoring as a primary use in the NR-3, NR-CD,RC,NC-1, NC-2 and TC Districts.

Jamie Carroll stated the text amendment would allow non-profits to rent an apartment for the purpose of operating childcare or tutoring.  Staff has recommended the following conditions:
 

1.        Establishing a maximum number of units in an apartment complex to allow non-profits to operate in apartment without an in-house resident.

2.        The City should establish general guidelines for permitting non-profits to operate in apartment units without a resident;

a.   Insurance requirements (Applicant)

b.   Certificate of Occupancy (Local)

c.   Annual inspections (Applicant/State requirements)

d.   Certifications/Permits (State requirements)

 

The Planning and Zoning Board recommended at their December 17, 2019 meeting, to approve the recommendations of the Staff with the additional condition (e) One (1) apartment unit allowed for the use of an afterschool/tutoring program per 100 units residentially occupied in an apartment complex. 

 

Jamie Carroll proposed changing the number of units to 30. Shawanna Qawiy reported the apartment owners would be required to provide their consent for a location to be approved.

 

Public Hearing

Mayor Terry opened the Public hearing

In Support

Roberta Malavenda spoke in support of the text amendment change.

Jan Riley spoke in support of the text amendment change.

Justin spoke in support of the text amendment change.

Mr. Tran spoke in support of the text amendment change.

Brian Medford spoke in support of the text amendment change.

Sara Sunami spoke in support of the text amendment change.

 

In Opposition

No Speakers in opposition.

Mayor Terry closed the public hearing

 

Jamie Carroll made a motion to approve the proposed zoning change (text amendment) with the conditions recommended by staff:

 

The City should establish general guidelines for permitting non-profits to operate in apartment units without a resident:

a. Insurance requirements (Applicant)

b. Certificate of Occupancy (Local)

c. Annual inspections (Applicant/State requirements)

as well as d.  Notification of the owner of the property that’s being used for that purpose

and to limit locations to 1 per 30 resident units. 

Awet Eyasu seconded the motion.

Discussion: Laura Hopkins questioned if this was approved would item H2 be the last issued CUP and Ms. Qawiy affirmed.

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

 

H4) Approve Annexation Resolution

Item tabled
 

H5) Approve Waste Management/ Recycling agreement

The City Manager detailed thattThe City of Clarkston negotiated with Waste Management an extension, a 2nd amendment, of the original July 26, 2011, Waste & Recycling Collection/Hauling 3 Year Service agreement (1st amendment adopted on April 1, 2014, extended the 2011 agreement for a five year term from Jan 1, 2015 to Dec 31, 2019).  Waste Management and the City of Clarkston have agreed to the following proposed agreement:

 

1.     A three (3) year agreement from Jan 1, 2020 to Dec 31, 2022. 

2.     Continues weekly curbside residential units and curbside small commercial entities trash/waste collection.

3.     Eliminates all curbside recycling. 

4.     The annual curbside trash/waste collection rate effective Jan 1, 2010, will be $10.39 (down from $15.39) per residence, plus a 3.3% Consumer Price Index (CPI) adjustment, bringing the total monthly cost to $10.73 or $128.79 for the 2020 year. 

5.     An annual CPI adjustment each January 1

6.     Either party may terminate the agreement for any or no reason by providing written notice to the other party at least sixty (60) days prior to the effective date of termination.

7.     City and Waste Management will work cooperatively to provide for a remote recycling location with containers for all to deposit recycling materials such as plastic, aluminum, and cardboard

 

The City will look to find an interim alternate resource for recycling, such as drop off site. It is the City’s intent to issue a Request for Proposals (RFP) for curbside trash/recycling services during the 2020 year to ensure highest and best quality services and rates.
 

YT Bell made a motion to approve Waste Management/ Recycling agreement. Laura Hopkins seconded the motion.  Discussion this is a short term situation and the city will look for options for recycling and Waste Management will be picking up the bins the next Monday. A vote was called and the motion carried (6, 0).
 

G.  EXECUTIVE SESSION

Executive Session to discuss a Legal Matter
Jamie Carroll made a motion to close the open meeting and go into executive session to discuss a legal matter. YT Bell seconded the motion. A vote was called and the motion carried (6, 0).

 

Executive Session – Legal Matter

 

Laura Hopkins made a motion to close the executive session and go into open session. Awet Eyasu seconded the motion. A vote was called and the motion carried (6, 0).

 

H.  ADJOURNMENT:

Awet Eyasu made a motion to adjourn the Council Meeting. Debra Johnson seconded the motion.  A vote was called and the motion carried (6, 0).

 

Meeting adjourned.

 

ATTEST:

 

Tracy Ashby, City Clerk

Approved by Council 2-4-2020