Minutes Content
Officials Present: Mayor: Lee Swaney
Council: Pat Davis-Morris, Wayne Foster, Hien Nguyen, Joyce Wade, Karen Feltz
City Clerk: Tracy Ashby
City Attorney: Susan Garrett
Rosemarie Nelson absent due to illness
The Mayor called the Council Meeting to order.
The Pledge of Allegiance was recited. Joan Swaney gave the invocation.
Joyce Wade made a motion to approve the minutes for the July 9 Council Meeting. Pat Davis-Morris seconded and the motion passed (5-0).
Mayor Swaney said that Rosemarie Nelson had spoken to the City Clerk and that she is sick and is unable to attend the council meeting.
Reverend Donald Jackson gave a presentation for the Safety Check Program. Reverend Jackson stated he works for the Standards Foundation Safety Check Program and he is the liaison for the NAACP elections. The Safety Check Program is designed to look out for the well-being of the elderly, sick and infirmed. He said his research showed that there are 381 seniors over age 65 in the population of Clarkston and of those that 132 are disabled and non-institutionalized. He explained the Safety Check Program would call these citizens every day to see if they are sick or injured and need assistance. Reverend Jackson provided the background for the program and he detailed some examples of its success. He discussed the cost for the program with a set up fee of $1850 plus a $900 per month charge. Mayor Swaney sand Council agreed that they would need to review the program and would discuss at a later time.
Public Hearing: Variance for 980 N. Indian Creek Drive
The City Clerk stated the packets and information had been presented at the Council work session held August 1st and the council had the minutes from the Zoning and Review Committee meeting. The owner Rais Usman was present to answer questions. Chairman Emanuel Ransom stated that Mr. Usman made his presentation to the Zoning and Review Committee and that after adjusting the building size his application requests a variance for floor space for building one. Mr. Ransom stated the project would have retail on the bottom floor and office space on the second floor.
Mr. Usman stated that the Council had his letter of intent with all submitted drawings for two buildings with retail and office space. He said one building would be over 5ooo sq ft and the second would be 3000sq ft.
Susan Garrett asked to elaborate on the application. She stated this is an application to allow buildings that are larger than what is permitted under the zoning ordinance. She said that according to the letter of intent that one building would be 4800sq ft and the other building would be 2550 sq ft. Ms. Garrett stated this is the only item being considered on the proposal and it under the criteria set out in section 708 of the zoning ordinance and Mr. Usman clarified that the planned use is mixed use which is a permitted use under section 703. Mr. Usman said there would also be a planned restaurant, which is an allowed use. There was discussion as to what businesses and restaurants may go into the location. Mr. Ransom said that the application would have to return to the Zoning and Review Committee for final building plans.
Mayor Swaney asked for any comments in favor of the variance. There were none.
Mayor Swaney asked for any comments in opposition of the variance.
Warren Hadlock (1210 Smith St) asked how much of a variance is being requested. Susan Garrett stated one building is 450 under the limit and the second building is 4800, which is 1800 over the limit. Mr. Hadlock asked if the two buildings are counted together or separately with the lot size. Ms. Garrett said you would look at the two buildings together for lot coverage, which she said, was not a part of this variance, as his application appeared to be in compliance. She said you must look at the building size as she reads the ordinance applies to each building so he is applying for a variance from 3000 maximum to the 4800 for the one building. She said she felt that the council could, if they chose to, take into account that the other building will be under the 3000 sq ft. She said the ordinance does not say this but that it is a factor she felt the council could look at if they chose. Mr. Hadlock questioned that this is a sizable variance and it is coming after having updated the zoning ordinance and he had concerns for setting a precedent.
Jan Gardner questioned if this will set a precedent for changing the ordinances.
Mayor Swaney asked if there were any other comments in opposition.
Mr. Usman stated that this property sits between two commercial lots and that the lot on the right-hand side is a three-story office building. Mr. Usman stated his project has been planned to meet all the set backs for the Clarkston zoning ordinance.
Tracy Bishop said he was not in opposition but wanted to ask if the Mayor or Council have been presented with a plan beyond approving a variance to show how this will affect the surrounding area. Karen Feltz stated that the owner would have to return to Planning and Development to get approval for the type of structure, how it will look and how it will impact the surrounding community.
The Mayor closed the public hearing.
Hien Nguyen stated that he would not be voting as the property sits adjacent to his.
Joyce Wade said she was troubled with starting the variance process after just creating new zoning ordinances.
Wayne Foster said he shared this concern and sees the historical problem with many previous variances and that it he felt it is important to eliminate granting random variances. He noted the property is an odd shape and it would be difficult build and the plan shows that the buildings have been turned sideways to give a smaller appearance so the owner is trying to make a compromise. Mr. Foster said he does not want to set a precedent for granting variances.
Susan Garrett said variances are special exceptions from the general rules of the zoning classification so that is why we have criteria that are looked at when deciding whether to grant a variance, but that does not mean we should not grant a variance.
Pat Davis-Morris said she has heard that the property is an odd shape but that when someone purchases a piece of property and you have a survey then you know it is an odd shape so you plan your buildings according to this odd shape to be in compliance with set backs so that it does not need a variance. She asked did he not know it was a triangular shape.
Emanuel Ransom said this is the second that the owner considered when he came to Zoning and Review Commission. They did not accept his first drawing. Mr. Usman worked with the Zoning and Review Commission, he has worked to have a plan that meets all the other criteria, and he only needs the variance for the floor space.
Wayne Foster clarified that the property meets all the other ordinance requirements for set backs and use and Mr. Ransom said yes.
Karen Feltz asked if the council could vote and make a request.
Ms. Garrett said they could make a comment, which was non-binding, or they could make conditions but that the conditions would have to relate to the variance itself and not an aesthetic use of the property. Karen Feltz said she would like to make a request for comment after voting.
Karen Feltz made a motion to approve the variance. Joyce Wade seconded. Ms. Feltz commented to Mr. Usman that he work closely with Planning and Development to address some architectural issues with this building and its design and aesthetics. She stated they had no legal basis but that the council and the community would appreciate this. The Mayor called for the vote (4-0, Hein Nguyen abstains from the vote).
Planning and Development: No Report
Zoning and Review: Chairman Emanuel Ransom reported there was a no-show for Ponce de Leon application, 914 Pecan Street was granted a building permit with conditions, the sign on Market Street for the arcade was approved as they met all the requirements but the Committee conditioned that all the hangers for the sign be hidden. Mr. Ransom said the project for 4260 E. Ponce de Leon Ave has been re-worked and it will meet all the requirements approved by Planning and Development and the Zoning and Review Committee that it will be one brick building. There was discussion from Karen Feltz of 4260 E. Ponce de Leon replacing the trees that the previous builder cut down. Mr. Ransom stated that the builder was cited by Code Enforcement for removing the trees but that two years have passed and that this is a new builder. Susan Garrett said she would look need to look at the timing and see if it had been too long but that the City can strongly encourage any development applicant to plant more trees. Karen Feltz said the owner was not cited but she felt she should be compelled to replace the trees for buffer with the adjoining properties. Mr. Ransom said there is a buffer fence. Mr. Ransom said he had provided a letter requesting guidelines on not duplicating businesses in the City. Ms. Feltz said the City cannot restrict businesses.
Old Business: None
New Business:
The City Clerk presented the GDOT Agreement for a LARP project to repave Cleavemark Drive. Ms. Garrett stated this had been reviewed at the work session and the council needed to authorize the Mayor to execute and sign the contract. Joyce Wade made a motion for the Mayor to sign for the LARP Project on Cleavemark Drive. Pat Davis-Morris seconded and the motion passed (5-0).
The City Clerk said there had been a proposal to discuss an auto-dial phone notification system by Rosemarie Nelson but she is not present and the item may be moved to the next Council agenda. Joyce Wade made a motion to move the item to the next council meeting agenda. Karen Feltz seconded and the motion passed (5-0).
The City Clerk stated the next item was a grant proposal for a project Manager through DeKalb County and that this had also been presented by Rosemarie Nelson. Karen Feltz said both she and Rosemarie were working on this and that the grant proposal is though DeKalb County and that it will provide up to $50k to pay for a consultant for project implementation the City. Ms. Feltz said that since Ms. Nelson is not here with all the details she would make a motion that this item be moved to the next council agenda. Pat Davis-Morris seconded and the motion passed (5-0).
Correspondence:
The City Clerk read a note of appreciation to the City from Joy Adams and family during the loss of her father.
The City Clerk read a notice of Open House for the Clarkston Community Center to be held September 8 starting at 12:00pm.
Committee Reports:
Hien Nguyen reported the Pool would be closed on Saturday, August 11 and that it had been a good season.
Joyce Wade reported that qualifying for City Council election would be August 27 to August 29 from 9:00am to 4:30. The qualifying fee is $105 and all applicants must be a City of Clarkston resident for one year, a citizen and a register voter. Ms. Wade asked the City Clerk to update on the progress of the audit and comment on what the auditor said with regard to coming to open council or town hall meeting. The City Clerk said it is not definite but that the auditor hoped to have the audit completed by the September 15. The City Clerk said the normal process is for the auditor to give his completed audit report to the Council and to answer any questions from the Council and that they go to the citizens to provide the information to anyone that has questions. The Clerk said the auditor applies State guidelines to verify that the City is in compliance with its financial reporting. She explained the City interaction with the auditor for the audit process. The Clerk said that the auditor being the subject of a town hall meeting would take the responsibility away from the elected officials. Joyce Wade proposed to have the meeting with the council and auditor when the audit report was completed. Ms. Wade said the City Clerk had provided to the council the current budget repots and she thanked all the departments for holding down costs.
Karen Feltz stated she wanted to comment on what she is trying to work on. She quoted from the minutes of the July 9 Council meeting, "She said she had spoken with Pond & Co and asked they submit a proposal for implementation redevelopment projects and separately what it might cost to get design guidelines for the downtown redevelopment." Ms. Feltz said that also included amending the Comprehensive Plan, which needs to be done to include our Future Development Map, which is inserted incorrectly and does not reflect our current codes and zoning and yesterday she said she had received an email from Pond & Co sating that the City is not interested in doing this. She said this was after discussion with the mayor who had asked her to do this so she is confused as to how to proceed. The Mayor stated that if she brought it before the council and they approved then it would move forward. Joyce Wade said since this has been discussed and a housekeeping item, she moved to have the City Clerk get a quote from Pond & Co to update the Future Development map updated, to have the Comprehensive Plan amended and design guidelines developed. Karen Feltz seconded. The Mayor called for discussion. Ms. Feltz asked about the implementation strategy as we have a proposed contract from Mr. Housen but that we do not have any other comparative amount for implementing projects. She said until we have that done that we cannot apply for that grant for $50k from DeKalb County. There was discussion of holding a work session to review proposals for implementation project. The Mayor said a work session would be set up. Pat Davis-Morris asked that all council members be present and the proposing consultants attend. There was discussion of having both consultants attend the meeting and scheduling their time so that only one is in the meeting at a time. Joyce Wade withdrew her motion. Karen Feltz made a motion to have the City Clerk obtain a proposal from Dan Cohen and to schedule a work session and invite Mr. Cohen to attend and discuss his proposal and separately for Mr. Housen to attend and present his proposal. Joyce Wade seconded and the motion passed ( 5-0).
Pat Davis-Morris reported the Police department is in the process of getting the computers installed. She said there have been many renovations in the Police department and she invited the citizens to visit. She said all the renovations are paid from the Seizure Accounts so they do not affect the budget.
Wayne Foster reported that Dreamsan picked up 21.7 tons in recycling for July. He said in the future he would be working on how to save money in the budget and was going to look at some privatization. Pat Davis-Morris said she and Director Shipman are looking at having recycling bins at the Park. Director Shipman said Mr. Maddox of Dreamsan is still reviewing that request. Mr. Foster added that Mr. Hadlock has proposed the idea of having a volunteer composting program in the City. Mr. Foster asked interested citizens to speak with him.
Police Chief Report:
Chief Scipio reported that he had attended the Georgia Chief's Association in Savannah. He discussed and corrected the details of an inaccurately reported story from WSBTV Channel 2 News. The Chief stated the solicitor from DeKalb County, Mr. Robert James, is handling the case and that he has assured the Clarkston Police Department has followed the rules by enforcing the laws and that they are going to prosecute the individual. Chief Scipio handed out the statistics for July and he reported the total number of service calls was 1076. He reported the situation with an elderly man on Mel Avenue had committed suicide. Chief Scipio discussed his training at the Georgia Chief' Association Training.
City Attorney Report:
The City Attorney, Susan Garrett stated the first item was the NPDES Agreement, which had been discussed at the work session. Ms. Garrett said the NPDES ( National Pollutant Discharge Elimination System) Agreement must be entered into between the City needs to enter into with DeKalb County and it details what the responsibilities are for the City and the County with regard to the municipal storm sewer system. Ms. Garrett said she approved the agreement as to form and that Director Shipman has stated the City is capable of performing their responsibilities. Karen Feltz made a motion to approve and sign the agreement. Wayne Foster seconded and the motion passed (5-0).
The next item is the Service Delivery Strategy with DeKalb County. Ms. Garrett said this had been discussed at the previous Council meeting and at the work session. She explained that this is the agreement with DeKalb County that governs how the taxpayer money is allocated as the County provides some services in Clarkston and the City provides some services on its own. She said many of the other Cities in DeKalb County have been frustrated with the agreement and have questions on how those taxes are calculated. She said there had been a meeting between the Cities and the DeKalb Board of Commissioners and a conference call among the Cities to discuss that meeting. She said the consensus from the conference call was to create a resolution that will extend the existing 1999 SDS Agreement through October 31, 2007 and that the Cities wan to form a committee established to deal with the issues and to have an independent study to review the tax system. Ms. Garrett read the proposed resolution to extend the existing 1999 agreement through October 31, 2007. Wayne Foster made a motion to adopt the resolution. Karen Feltz seconded and the motion passed (5-0).
The next item is concerns the Fugees and Ms. Garrett said that Mr. Williams is the attorney that is representing the Fugees. Ms. Garrett said an agreement had been submitted from the Fugees concerning the use of Armistead Field for their use for soccer practice. Ms. Garrett said the status is that the Council approved the Fugees using the field for practice through the end of this year. Ms. Garrett said the proposed agreement has been submitted by the Fugees and puts into writing the agreement. She said it also seems to add some details and provisions that may not have been part of that council resolution. She said the Council has seen the agreement. Joyce Wade asked why the Fugees asked for the written agreement. David Williams said he is new to the Board for the Fugees. He said he didn't know why Tracy and Luma wanted it in writing but that he thought they would feel more secure if they had something in writing. He said he had not seen the minutes from the meetings. He said this agreement also includes the right to extend for half of next year their use of the field. Hien Nguyen asked if it was premature for Mr. Williams to draft an agreement without having reviewed the previous minutes. Mr. Williams said he didn't think that he needed to study the minutes as he was asked to draft an agreement that followed the terms given to him by Luma and Tracy. Ms. Garrett said Mr. Williams is entitled to rely on what he is told by his clients. Mr. Williams said they are not his clients but that he is a Board member. Mr. Nguyen discussed that the agreement stated they would have an exclusive right which Ms. Garrett specified was the hours of practice Monday through Thursday from 4:30pm through sunset whereas the council minutes sated 5:00pm through sunset. Karen Feltz asked if the council had to vote on this tonight. Ms. Garret said no. Joyce Wade made a motion to consider this agreement in December as the Fugees have permission to use the field until then. Wayne Foster seconded and the motion passed 5-0).
Ms. Garrett stated that the status of the parking lot agreements is that, prior to her becoming the City Attorney, that the Council had approved the parking lot agreements conditioned on some changes and that those changes have been made. She said the changes are for Hill Street to remain open and for that landscaping be added to it, that the Churches requested changes to the direction of some of the spaces was reversed so that the traffic flows through in one direction and a provision was added for the churches to maintain the landscaping after the warranty run out. Ms. Garrett said those changes were made and the agreement would come before the council as a formality as all the requested changes have been made. Karen Feltz asked if the City had given the Churches a timeline. Ms. Garrett said she felt we should be able to act on this at the next council meeting.
Ms. Garrett said she would like to ask for the council to authorize the implementation of the revised two month zoning calendar. She said it has been discussed at the previous work session and has been reviewed by Planning & Development and Zoning & Review. She said this calendar shows the next work session for the council as September 26 so we are free to set one in August as is convenient to the Council. She said the calendar sets the schedule for applications submitted for rezoning, variances and special use permits. Joyce Wade made a motion to approve the calendar. Karen Feltz seconded and the motion passed (5-0).
Mayor Swaney stated that the Council had the resume submitted for Jennifer Rachel to serve on the Planning & Development Committee. Wayne Foster made a motion to approve Jennifer Rachel to serve on the Planning & Development Committee. Karen Feltz seconded and the motion passed (5-0).
Karen Feltz wanted to comment that the City pays a bill for storm water run-off for non-pervious surfaces for $2, 073.00.
Citizen Comments:
Tracy Bishop thanked Council person Feltz for bringing up the costs of storm water. He discussed the problems at the Lake and that he is insisting on holding a meeting with Burrell Ellis and DeKalb County to seek assistance on the problems with the Lake. He expressed concern with the large oak tree on the property that was granted a variance and that he hoped it would be saved. He was told it would be. He talked about the youth sports at the park and he hoped when the City considered any exclusive agreements that the City would encourage an organized youth sports program, secular programs and football at Armistead Field. He asked if the City could talk to DeKalb County with regard to the Lake issues. Mayor Swaney said they were working with the County to set up a meeting.
Emanuel Ransom questioned that Jennifer Rachel was supposed to serve on the Zoning & Review Committee. The Mayor said it would be taken care of. Mr. Ransom discussed the progress of the Community Center and that there will be bricks available for $50 to purchase. Karen Feltz asked on the disposition of the lights. Mr. Ransom said they have lowered the lights so that they reflect no higher than the windows. There was more discussion of the lights at the Community Center.
Susan Garrett asked if the Council wanted to make a correction of the motion for Jennifer Rachel. Wayne Foster rescinded his previous motion to appoint Jennifer Rachel to serve on the Planning & Development Committee and called for his motion to be that she will serve on the Zoning & Review Committee. Karen Feltz seconded and the motion passed (5-0).
Graham Thomas expressed some reservations on signing an agreement with the Fugees.
Chris Busing had a problem with an auditor who did not want to appear at a town hall meeting. He questioned hiring a new auditor. He did not agree with the City confiscating pagers at the Council meetings and that there should be a sign that if a pager goes off that person should leave the meeting. Karen Feltz said that it was announced at the beginning of the meeting and Mr. Busing said he and missed the beginning of the meeting. He said www.aboutclarkston.com is progressing well. He appreciated the police report that was available but thought it would be improved if it showed the wave over the months whether crime is going up or down.
Ron Marshall came in support of Chief Scipio and said he was shocked that his integrity was being questioned. He said he is a citizen of DeKalb County.
Jan Gardner asked on the status of the citizen proposal for volunteers. Susan Garrett said this is the time for the citizens to make their comments and that it is not necessarily a time to re-open the floor.
Ruth Vincent asked for clarification on the charter and bids for services over five thousand dollars. She noted other consultants hired and there appeared to be no bid process. Susan Garrett stated that under Georgia Law a distinction is made for contracts for professional services such as legal and architectural services as opposed to construction. She said the contracting party, the City, is entitled to choose the firm that best suits its needs and under Georgia Law professional services are not considered public contracts that need to be publicly bid. Karen Feltz said that when the council attends the Georgia Municipal Association they do interact with other City officials and vendors and the Council meets with them are reviewed their services and costs and what they can provide to the City. Ms. Vincent felt there should be more diligence with the process. Ms. Vincent asked for information on the works session and does the City conduct any official business during those sessions. Ms. Garrett said a work session is not for making any decisions but for discussion only. Ms. Garrett said virtually all of the City's meetings are required to be open to the public under the Georgia Open Meetings Act are discussed with the exception of an executive session where legal or personnel matter are discussed. If an official action is to be taken on a legal or personnel matter then that vote takes place in public. Ms. Vincent said she attended a work session and that it was announced that no public comment would be taken and that she sees that as a problem. Ms. Garrett said the open meeting act allows for the meeting to be open to the public so that they can listen to what transpires, but that State Law does not require that every open meeting have a public interaction opportunity and we have that as a practice as part of our City Council meetings and that there are public hearings that require public comment.
Theodros Hailegiorgis said he attended a work session with Planning & Development and Zoning & Review Committees headed by the City Attorney and that he was impressed by the meeting and hoped they held them a couple of times a year and he encouraged the citizens to attend.
Warren Hadlock said the Center looks great and he is happy to be on the Board of Directors. He said their vision statement is a Center for celebrating and nurturing the human spirit. He asked if the City could work on stiffening up on business and residences that are in disrepair.
A citizen asked on the timeline for house being built in the Market Street development. Mr. Ransom said the street is being installed and then they return to the City with building plans.
A citizen gave his support and appreciation for the good job the Chief and the Clarkston Police department does for the City.
Mayor Swaney reported that he and the Council support the Chief and he asked for the citizens to come and see the renovations in the police department. The Mayor said he and Warren Hadlock had toured the Roswell area for shopping centers to see their parking lot stripping and dumpster containers. He said they were planning to have another trip and that citizens would be invited to attend. Pat Davis-Morris asked how the citizens would be notified and the Mayor said it would be posted on the website.
Joyce Wade made a motion to close the council meeting and to pay the council bills. Karen Feltz seconded and the motion passed (5-0).
The meeting was adjourned at 9:38PM.