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MINUTES
CLARKSTON CITY COUNCIL
Tuesday, July 11, 2006 7:00 P.M.
Officials Present:Mayor: Lee Swaney
Council: Pat Davis-Morris, Wayne Foster, Joyce Wade, Hien Nguyen, Karen Feltz, Rosemarie Nelson
City Clerk: Tracy Ashby
City Attorney Jack Rhodes absent
The Pledge of Allegiance was recited. The invocation was given by Joan Swaney.
Mayor Swaney presented a check for $200,000 dollars from Congresswoman Cynthia McKinney to John O’Kelly for the Community Center. Mr. O’Kelly thanked the Mayor on behalf of Congresswoman McKinney and spoke on the progress with the Community Center renovations.
Joyce Wade made a motion to approve the Council Meeting minutes for the June 6, June 8, June 15 and June 30, 2006 meetings. Pat Davis-Morris seconded and the motion passed (6-0).
Zoning and Review Commission recommendation: None
Zoning and Review Report: Chairman Emanuel Ransom reported the next meeting has been rescheduled to Wednesday, June 26 due to the court schedule. The owner of the Thriftown building has agreed to come out and look at the site and determine if it would be cost effective to have a “facelift” on the building. Mr. Ransom stated that Pat Dotson has asked that it be announced that the Spivey home on Market Street is not being demolished but is being relocated. He has had people attempting to break in to salvage parts of the home. Mr. Dotson has submitted his final plans for 1000 N. Indian Creek and the plans will be on file at the City Hall and they have been approved by DeKalb County. Mr. Ransom said that the Planning and Development Commission and the Zoning and Review Commission have been approached with tentative plans for a cottage development. Mr. Ransom stated he had gone to DeKalb County’s Traffic Department to discuss having a flashing light in front of the Deaf School. He spoke with Ms. Peggy Allen and she stated that DeKalb would have one traffic study of the area and then would see about installing the light. Mr. Ransom stated he hoped the Council would support his recommendation of Martha Brock to serve on the Zoning and Review Commission.
Citizen Comments:
Diane Leonetti asked if the citizens comment portion of the council meeting could be moved to the end of the agenda. Mayor Swaney agreed to the request. Diane asked for the status of the church parking lot project. Mayor Swaney said he was going to discuss the project during the Mayor’s Report.
Old Business:
The City Clerk reported that the 2006 Millage rate had been set at 11.00 mils. A series of four meetings were held for public information and comment. The Clerk stated that the millage rate is the same as last year and it is effective for this year.
New Business:
Public Hearing for Special Use Permit
The City Clerk read the request for a Special Use Permit for 4300 E. Ponce de Leon Avenue by Theodros Hailegiorgis and Worknesh Kassa, to locate and operate his Allstate Insurance Business. The property is currently zoned R-1 (Residential District) and has been advertised and placarded. Mayor Swaney said the proceeding was open for discussion from the council and public comment would be taken. Mr. Hailegiorgis was present to answer questions for the request.
Karen Feltz asked if Mr. Hailegiorgis planned to live on the property as she had understood, in a previous request for the Planning and Zoning Commission that he planned to operate a business and reside on the property. Mr. Hailegiorgis clarified that in a previous application he submitted to renovate the house, the Planning and Development Commission had asked if he planned to operate a business there and he had stated no; that the intended use was for rental property for that application. For this Permit he did not intend to live on the property, only to operate his insurance business.
Joyce Wade asked if he was aware of the zoning of the property when he purchased it. He said no, that DeKalb County had given him a different zoning classification for the adjoining property at 4292 E. Ponce de Leon Avenue. Ms. Wade said that when a property is located in a municipality, then it is their zoning that is the correct designation. She stated that the adjoining property at 4292 E. Ponce de Leon Avenue had a previous non-conforming use for commercial but that that it had reverted back to the residential zoning and she asked if he had checked with the City of Clarkston prior to purchasing, to determine the correct zoning on the two properties. He said no, that he had not, that he had relied on the DeKalb County documents and he hoped that as a part of the Land Use Map process the County would have their information corrected. Mr. Hailegiorgis said that the LCI Study had references to locating future small businesses at his property location. Joyce Wade read the section of the LCI Study Mr. Hailegiorgis mentioned which cited the suggested potential redevelopment of his properties. Mr. Hailegiorgis said it was based on this study that he asked for the Special Use Permit. Karen Feltz said that this study was very early on in the planning stages and this is what the consultant used to identify for special initiatives in the comprehensive plan and at that point in the process a list of the types of limited commercials uses that were going to be allowed had not been developed. Since that time, this area has been reprocessed through public comment to eliminate the possibility of commercial use at any point on this corner. Mayor Swaney agreed that he personally felt the area on the corner should be kept residential. Mr. Hailegiorgis said he was trying to have a transitional type business similar to MLT.
Martha Brock suggested to Mr. Hailegiorgis, that a title search is the best way to determine the correct zoning of a property and that it is the purchaser’s responsibility to get the correct zoning information. She also questioned proceeding without the City Attorney present and if the correct steps have been taken for the Special Use Permit.
Mrs. Orr spoke of several previous requests where a business would also have residents or caretakers living there which were denied.
Hussein Mohamed spoke in support of Mr. Hailegiorgis proposal as it has been a business location more than once.
The City Clerk reported that the City Attorney had been consulted on the Special Use Permit and the proper steps had been taken and the property was advertised and placarded as required.
Joyce Wade made a motion to deny the request. She stated that in a year’s time when he would have to renew, the Council did not have to reissue the permit and at this time it was in the City’s best interest to deny the request. Karen Feltz seconded the motion.
Hien Nguyen said he is a pro business person and he felt the area on E. Ponce de Leon Avenue will eventually become commercial and having a small insurance business would not be a high impact business.
Rosemarie Nelson agreed with Mr. Hailegiorgis on having the mixed use on his property. She had thought that having mixed use coming down E. Ponce de Leon Avenue had been discussed in previous meetings on zoning. She did feel that having a Special use Permit would be a disadvantage and that the City should have the zoning cleared up so that his use of the location would be guaranteed. Mr. Hailegiorgis said the property is not ideal for residential as it is located directly on the street and not suitable for a family particularly families with children.
Karen Feltz discussed the areas in the planning process that will be designated business district, transitional and residential and the area of Mr. Hailegiorgis’ property is in the residential designation area.
After further discussion the Mayor called for the vote of the Special Use Permit and the permit was denied (4-2, Joyce Wade, Karen Feltz, Pat-Davis-Morris, Wayne Foster in favor and Hien Nguyen and Rosemarie Nelson opposed).
Correspondence: None
Commission Reports:
Wayne Foster reported the Lake Regatta went well. Mayor Swaney said the function was well received with over 100 people in attendance and the City may look at having a similar 4th of July function next year. Mr. Foster said the next concert will be a Surf Band concert to be held Saturday the 29th starting at 4:00pm and further details are available on his website www.fostersound.com. He reported recycling participation has increased and for June 17.89 tons was recycled.
Pat Davis-Morris was thankful for her opportunity to attend the conference in Savannah and the classes had good information. She detailed information on funding for cities without matching funds being required, planning strategies for cities and on tasers in law enforcement.
Karen Feltz also thanked everyone for her first time attending the conference and felt it was beneficial to see that other cities are dealing with the same situations facing Clarkston. She attended a candidate’s forum, a class on disaster preparedness and the taser class. Ms. Feltz reported on a meeting held and the current progress of the Comprehensive Plan.
Rosemarie Nelson reported that Director Shipman is not present as he is attending a two day course on Storm Water Inspections. She said that in the last month the City has had all storm water drains inventoried with DeKalb County as a part of our contract with DeKalb to maintain the storm water system and they are focusing on the problem on Norman Road. The City has reapplied to DeKalb County for a traffic calming study for Mell Avenue. She has applied for a crosswalk feasibility study for Rogers Street and DeBelle Street as they cross Indian Creek. In Savannah she attended a conflict resolution class and explained how conflict can be an opportunity.
Hien Nguyen reported the classes in Savannah were very information and he appreciated the opportunity to attend.
Joyce Wade reported many of the classes in Savannah this year were more informative than in previous years. She enjoyed a class on imminent domain and alternatives to using imminent domain for blight.
Rosemarie Nelson had handouts for the tax free holiday for August 3-6 and reminded of the dates for the upcoming elections.
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