City Council Meeting (Zoom) 5-4-2021

CITY COUNCIL MEETING 5-4-2021

MINUTES CLARKSTON CITY COUNCIL

Tuesday, May 4, 2021 Via Zoom

Officials Present by Teleconference Mayor:              Beverly H. Burks

Council:            Jamie Carroll, Awet Eyasu, Ahmed Hassan, Debra Johnson

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

A.    CALL TO ORDER

Mayor Burks called the meeting to order at 7:00pm

B.    ROLL CALL/ PLEDGE OF ALLEGIANCE

Jamie Carroll, Debra Johnson,  Mark Perkins, Laura Hopkins

Arrived after rollcall: Awet Eyasu, Ahmed Hassan (left meeting 9:46pm)

C.    ADMINISTRATIVE BUSINESS/ PRESENTATION

C1) Approve Minutes: Council Meeting 4-6-2021 and Work Session 4-27-21

Awet Eyasu  made a motion to approve minutes for the 4-6-2021 Council Meeting and the 4-27-21 Work 
Session. Debra Johnson seconded the motion. A vote was called and the motion passed unanimously (6, 
0).

D.    REPORTS:

1)   Planning & Zoning Report

Shawanna Qawiy reported on the 2021 Comprehensive Plan Status and upcoming activities. She 
discussed the progress of the Historic Preservation Committee.

2)   City Manager’s Report

The City Manager provided a detailed Year to Date Financial Report thru April 30, 2021. Mr. Gomez 
discussed the status of the streetscape and trailhead projects. He discussed that the City Hall 
Annex (1055 Rowland St) anticipated a partial opening to the Public for Tuesdays and Thursday 
10a-2p, starting on May

11. The parks are open to the public but no reservations are being taken. He encouraged everyone to 
get vaccinated.

3)   City Attorney’s Report No report

4)  Council Remarks

Vice Mayor Awet Eyasu reported on his attending the Zoning Rewrite meeting and the early Learning 
Committee.  He wished a Happy Ramadan to the residents.

Debra Johnson reported on attending the Culture Fest call and discussion for Juneteenth. She 
participated in the Bike week Kick off and thanked the Mayor for the successful event.

Laura Hopkins discussed there will be a Juneteenth committee and residents will be able to 
participate. She provided information for residents to participate on the Standing Advisory 
Committee. She encouraged residents to get vaccinated and discussed the upcoming availability for 
children to be vaccinated.

Mark Perkins reported on attending the Early Learning Task force call and he looks forward to their 
recommendations to the Council. He attended Bike week and enjoyed seeing the families out and 
appreciated the collaboration between cities. He reiterated Councilwoman Hopkins comments on the importance of 
being vaccinated.

5)   Mayor’s Report

The Mayor reported this is Asian Pacific Islanders’ month and teacher’s week. She reported on 
attending the Comp plan meeting, culture fest call, served as a panelist on refugees with the Kappa 
Alpha Kappa sorority, mayors’ policy meeting, Commissioner Bradshaw district 4 meeting, the covid 
task force meeting, attended the  masjid moneme mosque, attend dinner with Mousa organization and 
the Early Learning task force meeting and coordinated bike month event. She reported on the pet 
wellness day and provided details for animals serviced.

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 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 Burks read the public comment policy.

Mr. Gomez provided the names of registered speakers.

Cameron Kilberg spoke in support of the Amendment of Section 3-58 to assist her business. PJ 
discussed concern that permitting the 3-58 amendment would hurt small businesses.

Brian Medford spoke on the bike event and thanked the Mayor and City workers.  He appreciated the 
collaboration with the other cities.

Amy Medford discussed the bike week and she spoke in support of the GoPuff business model. She 
discussed the mask ordinance.

Tracy Bishop thanked everyone for the pet event, and he discussed concerns with the proposed 
annexation property.

F. OLD BUSINESS

F1) Amend Section 3-58. New licenses permitted for certain designated businesses to define and 
permit a retail delivery shop to sell and deliver packaged beer, malt beverages and/or wine as a 
qualified business in the City of Clarkston.

Shawanna Qawiy detailed the purpose of this request is to create an option for retail businesses 
who do not allow walk-in sales to receive a license for the retail sale, as a retail delivery shop, 
by the package of beer, malt beverages, and/or wine. The Georgia General Assembly adopted House 
Bill 879 last year allowing for the home delivery of beer, wine, and liquor. Go Puff- Clarkston is 
requesting the ordinance amendment to venture into the delivery of beer and wine as a retail 
delivery shop.

Per Section 3-58, of the City Code of Ordinance, goPuff is currently ineligible to obtain a new 
alcohol license in Clarkston as they currently do not meet the code requirement to sell as a 
growler shop, a specialty wine shop, or a grocery store.

Jamie Carroll made a motion to approve the proposed ordinance change with the amendment that the 
establishment will not have in person alcohol events and that the ordinance change would expire 
upon 18 months from August 1, 2021 without further action by the council to renew.

City Attorney advised alcohol licenses are on an annual basis and he recommend any ordinance 
expiring should correspond with the end of year. Jamie Carroll amended the motion for the 
expiration to be December 31, 2022. Laura Hopkins seconded the motion. Discussion that the 
ordinance is not specific to one company but will pertain to any company to be able to apply.

Question on other businesses currently making delivering in the city is that permitted.  Per City 
Attorney only city businesses, or third party associated businesses with a local business, are 
permitted to deliver. The business GoPuff, is currently going thru the permitting process to sell 
in Atlanta.

Mrs. Qawiy discussed she surveyed other municipalities and DeKalb County and they do not have the 
ordinance and they expressed concern with monitoring compliance. Inquiry on how the current 
Clarkston liquor stores are monitored, and Mr. Gomez reported the business are required to monitor 
for ID and that the City also partners with CPACS to have a juvenile visit all retailers in 
Clarkston to check compliance. Discussion on how the business will verify compliance with the 
boundaries of Clarkston; they use geofencing with the city addresses. Concern on, if the ordinance 
is approved, a proliferation of this new types of businesses possibly impacting existing 
businesses. Discussion on limiting the potential number of possible businesses.

Mayor Burks called for the vote, by Rollcall:

Hopkins Aye Carroll Aye Perkins Aye Eyasu Nay Johnson Nay Hassan Nay

Mayor Burks broke the tie and voted Aye, the motion passed. 1:28:20

F2) Amend the City Charter to modernize certain provisions; to Amend Article IV of the Charter 
Regarding Budgeting, Appropriations and Auditing; to Repeal Conflicting Provisions

Gomez detailed Proposed changes include expanding the city manager’s duties to add proposing 
personnel rules (302 (d)(9); specifying that municipal court has the authority to enforce the 
city’s nuisance abatement ordinance (3.06 (h); amending the oath of office to delete “So help me 
God.” (3.11); enhancing fiscal administration through the requirement for a city manager’s budget 
message and procedures for amending appropriations (4.02); and enhancing the audit function by 
specifying the use of a certified public accounting firm, expanding the review of the

audit report and making the report available to the public (4.05). The City Attorney has provided 
an update for language relating to the Oath as requested by the Council.

Hopkins made a motion to adopt the charter as brought forward by the Charter review Committee to 
modernize certain provisions; to Amend the City Charter to Modernize Certain Provisions; to Amend 
Article IV of the Charter Regarding Budgeting, Appropriations and Auditing. Awet second. No 
discussion.  A vote was called and the motion passed unanimously (6,0).

G.   NEW BUSINESS

G1) Public Hearing: Adoption of an ordinance to annex 1145 Cleavemark Drive, Clarkston, GA 30021, 
into the City of Clarkston.

Shawanna Qawiy detailed the annexation request is from William Pulling and Taylor Pulling the 
owners of 1145 Cleavemark Drive.  The property is currently 40% within the city limits of Clarkston and the owners have followed the 100% annexation method. Mayor Burks opened public 
hearing. No speakers signed up.

No speakers in support

No speakers in opposition

Mayor Burks closed the public hearing

Debra Johnson made a motion to adopt the ordinance to annex 1145 Cleavemark Drive, Clarkston, GA 
30021, into the City of Clarkston. Laura Hopkins seconded.  No discussion. A vote was called and 
the motion passed unanimously (6,0).  (1:34:15)

G2) Public Hearing: Adoption of an ordinance to assign the zoning of NR-1 Low Density Residential 
to the property located at 1145 Cleavemark Drive, Clarkston, GA 30021.

Shawanna Qawiy stated with the approval of the 100% annexation request the property must be zoned 
to a comparable zoning designation of the surrounding parcel, which is NR-1 Low Density 
Neighborhood Residential

Mayor Burks opened the public hearing Speakers in Opposition

Tracy Bishop spoke not of the zoning, but on concerns with environmental and stormwater run off and 
erosion issues.

No Speakers in Support

Debra Johnson made a motion to Adopt an ordinance to assign the zoning of NR-1 Low Density 
Residential to the property located at 1145 Cleavemark Drive, Clarkston, GA 30021. Laura Hopkins 
seconded the motion.  Discussion: Vice Mayor Eyasu wanted to welcome the new neighbor and he felt 
the environmental issues are not an issue with the addition of only one home.

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

G3) Adopt a City-wide Litter Control Ordinance

Mr. Gomez detailed that to continue to promote a clean, litter-free, beautiful City combined with a 
request resulting from an audit by the Metropolitan North Georgia Water Planning District, the City 
is desirous to consolidate various litter control sections in the current City Code of Ordinances 
in various chapters (5, 10, 12, 19) into one comprehensive new Section 23.

Specifically, the ordinance will:

1. Provide for uniform prohibition of any and all littering on public and private property.

2. Prevent the desecration of the beauty and quality of life of the City of Clarkston and prevent 
harm to the public health, safety, environment, and general welfare, including the degradation of 
water and aquatic resources caused by litter.

Awet Eyasu made a motion to adopt the ordinance by the City of Clarkston to adopt new Chapter 23 of 
the city code to regulate litter control; to provide penalties for violations of litter control 
regulations; to repeal and reorganize certain existing provisions of the city code to be consistent 
with the litter control ordinance; and for other purposes. Debra Johnson seconded the motion.  
Discussion on the language under Article IV seeming to require licensing by the City and concerns 
on section 23- 7 authority for enforcement. Mr. Gomez stated this is more for vendors compliance 
and not residents accidentally dropping litter.   Laura Hopkins discussed postponing the item until next month for 
corrections.

Awet Eyasu withdrew his motion.

Laura Hopkins made a motion to postpone until the next work session and Council meeting.  Awet 
Eyasu seconded the motion. No discussion.  A vote was called and the motion passed unanimously. 
(6,0).

G4) Bike Month Proclamation

Mayor Burks worked collaboratively with the other cities for the bike month kick off event.  The 
City is posting bike information daily during the month and the Police Department is planning an 
event on May 15.

Debra Johnson made a motion to approve May as Bike month in Clarkston.  Laura Hopkins seconded the 
motion.  No Discussion. A vote was called and the motion passed unanimously (6,0). 2:06:04

G5) Commitment to phase-out the use of single-use plastics within Clarkston owned, operated, and 
leased buildings and facilities resolution

Mayor Burks discussed this had been discussed with our environmental Committee to phase out single 
use plastics for the City owned and operated buildings.  Vice Mayor Eyasu spoke on the importance 
of education and that the City will work to also phase out in a business-friendly manner to the 
local businesses.

Awet Easy made a motion to adopt the resolution phase-out the use of single-use plastics within 
Clarkston owned, operated, and leased buildings and facilities resolution.  Ahmed Hassan seconded 
the motion.  No discussion. A vote was called and the motion passed unanimously (6,0).

2:08

G6) Approve Appointments to the Police Community Task Force

Mayor Burks provided the names and expertise of the Potential Appointees for the Task Force. 
Discussion on concerns if Judge David Will, the City’s Judge, could present a possible conflict. 
Clarification that the members would not be discussing any city cases but just to make 
recommendations that would be presented to the Public Safety Committee.

Debra Johnson made a motion to appoint:

Joseph Arnold, Positive Growth Teresa Hardy (NAACP)

Judge David Will (Attorney)

Luay Sami, Clarkston Community Center, Jewell Gooding, Silence of the Shame,

Pastor Karl Moore, Clarkston First Baptist Church April Ross, GA Commission on Family Violence, Kim 
Ault, individual

Jamie Carroll seconded the motion.

Discussion on concern with including Judge Will as a contracted position on the task force while 
the other members are volunteers. Discussion that all members only make recommendations and his 
expertise in the City may be helpful for recommendation.  Mayor Burks reminded to add Rafiq 

Ahmad (NOBLE) as an appointment. Discussion on postponing for the next meeting cycle. Debra Johnson 
amended her motion to appoint:

1. Joseph Arnold, Positive Growth

2. Teresa Hardy (NAACP)

3. Judge David Will (Attorney)

4. Luay Sami, Clarkston Community Center,

5. Jewell Gooding, Silence of the Shame,

6. Pastor Karl Moore, Clarkston First Baptist Church

7. April Ross, GA Commission on Family Violence, 8.Kim Ault, Individual

9. Rafiq Ahmad (NOBLE)

Eyasu seconded the motion.  Additional discussion on including Judge Will and possible conflict if 
other members may have a case coming before the Judge.  Mayor Burks stated the purpose of the Task 
Force specifically states they are not to look at a specific case, but only to make recommendations 
that will go to the Public Safety and Legal Committee before it comes to the Council for 
consideration.

Council Member Ahmed Hassan left meeting.

Mayor Burks commented she supported whatever decision the council made; she just wanted the 
Committee to begin functioning.

A Vote was called and the motion carried. Carrol Aye

Johnson Aye Awet abstain

Hassan – abstain/no vote Hopkins Nay

Perkins Aye

G7) Adopt  Resolution to Increase the Cap/Number of Refugees to a previously announced 62,500 (up 
from 15,000).

Jamie Carroll detailed that under the previous administration, the number of refugees brought in 
annually was dropped to 15,000. The current (Biden) administration had stated they would raise the 
number of refugees back to 62,500 but recently had indicated keeping the number at 15,000.  The 
number has been amended to 2,500 and Councilman Carroll requested to amend the resolution “to 
encourage” the Biden administration to admit up to the cap of 62,500 in 2021.

Jamie Carroll made a motion to approve the resolution regarding refugee resettlement with the 
amendment to the language “BE IT FURTHER RESOLVED by the City of Clarkston that the Clarkston City 
Council hereby calls on the Biden Administration to keep to its commitment and to actually admit 
62,500 refugees for resettlement in Fiscal Year 2021.Awet Eyasu seconded the motion. A vote was 
called and the motion passed unanimously.  (6,0).

G8) Adopt a Proclamation Designating Nurse Week (May 6-12)

Mayor Burks spoke on the importance of nurses as demonstrated during the pandemic.  She asked to 
adopt the proclamation to acknowledge their contributions by designating Nurses week, May 6-12. 
Jamie Carroll made a motion to approve Proclamation Designating Nurse Week (May 6-12)

Mark Perkins seconded the motion.  A vote was called and the motion passed unanimously (6,0).

H.   ADJOURNMENT:

Awet Eyasu made a motion to adjourn the meeting.  Debra Johnson seconded the motion.

A vote was called and the motion passed unanimously (6, 0).  Meeting adjourned 9:46 pm.