THE CITYO  Doraville  Diversity. Nitality. Community City Council Meeting  Wednesday, June 23, 2021 City Hall Council Chambers 3725 Park. Avenue Doraville, Georgia 30340  Meeting Minutes 6:30 p.m.  Arika Birdsong-Miller Interim City Clerk  I.  CALLTOORDER  MayorJoseph Geierman called the meeting to order.  II. ROLL CALL  Council Members Gerald Evans, Andy Yeoman, Rebekah Cohen Morris, Christopher  Henshaw, Maria T. Alexander and Stephe Koontz were present.  III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MEETINGAGENDA  Council Member Evans made a motion to approve the meeting agenda as submitted. Council Member Alexander seconded the motion. The motion carried by unanimous AYES/ YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  vote (6-0). NAYS/NO: - ABSTAIN: PUBLIC COMMENT  V.  1. Nancy Kelly stated that she doesn't think there should be a reduction in Code 2. Carol Gilman, Northwoods, is against ai reduction in Code Enforcement Officers. 3. Dawn O'Conner, Northwoods, would like to keep the Code Enforcement budget the 4. Tom Hart, Gordon Heights, thinks we should look into Homestead Exemption and 5. Terry Greenberg, Northwoods, stated that Code Enforcement helps educate homeowners to keep the neighborhoods in Doraville beautiful. 6. JeffJenkins, Northwoods, agreed with Mr. Tom Hart that the Millage Rate should decrease but not right now. Mr. Jenkins is not forai reduction in the amount ofCode 7. Tim Synder, Northwoods, explained that Doraville is not like other municipalities and  Enforcement Officers.  way it is being proposed with 4 Code Enforcement Officers.  that the Millage Rate should be 7.5.  Enforcement Officers. shouldn't be compared.  VI. CONSENT AGENDA  1. For Mayor and Council to Consider Changing the Council Meeting on Monday, August 9,2021 to Wednesday, August 11,2021 in response to the GMA Annual Conference.    2. Van Fleet Land Swap Agreement between Doraville. and Carson Developments, Inc. 3. Raise limit on potential Household Assistance under St. Vincent de Paul Public  Assistance MOU from $1,000 to $1,500.  4. Bid Award for Information Technology Services with Interdev  Council Member Koontz: made ai motion to approve the consent agenda as presented. Council Member Henshaw seconded the motion. The motion carried by unanimous AYES/ YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  vote (6-0). NAYS/NO: ABSTAIN:  VII. NEW BUSINESS  1. CUP-21-04- Request for a conditional use permit for ai fuel station at 4095 Pleasantdale Road (Public Hearing) (First Read) Director ofPlanning and Community Development Naomi Siodmok explained that the applicant isi requesting a Conditional Usel Permit (CUP-21-04) to operate an automotive fuel station with a convenience store in thel M-1 (Light Manufacturing) zoning district. The applicant is] proposing a 24-hour automotive fuel station with a 2-story, 2,930 square foot convenience store/office building. This facility is proposed to have 42 parking spaces. Thes spokesperson for the fuel station, Mr. Hakim Hilliard, stated that all safety regulations are being met and that the fuel station being opened 24 hours a day is a safety measure tol keep the area active The Public Hearing was opened for anyone to speak in favor or opposition oft the conditional use permit request. There were no public comments. The First Read was held. 2. V-21-07 = Request for a variance from thes side building setback at 4095 Pleasantdale Road (Public Hearing) (First Read) Director of Planning and Community Development Naomi Siodmok stated that the applicant is requesting to reduce a side yard setback from 25 feet to 12f feet. The Public Hearing was opened for anyone to speak in favor or opposition oft the variance request. 1. Tom Hart, Gordon Heights, stated that hei is against the approving the variancel because the fuel  with employees and customers.  Opposition:  station would create more traffic in an already high traffic zone. There were no other comments, The First Read was held.  3. V-21-08. - Request a variance from the rear building setback (Public Hearing) (First Read) Director of] Planning and Community Development Naomi Siodmok stated that the applicant is  2    requesting to reduce thei rear yard setback from 50 feet to 15 feet. Council Member Henshaw asked ift there was a streetscape requirement set bys staff. Director Siodmok said that there wasn'ta requirement. Council Member Henshaw asked is there is an electric car charging station requirement and how many parking spaces will be at the proposed location. Director Siodmok stated that there will be 1 electric car charging station and 42 parking spots excluding the spaces at  the fuel pump.  The Public Hearing and First Read was held. There were noj public comments.  4. Z-21-09 - City initiated rezoning of properties north of Assembly from C-2to' T-5 (Public Hearing) (First Read) Senior Planner Austin Shelton explained that the City ofl Doraville seeks to rezone properties onl Motors Industrial Way and Peachtree Industrial Boulevard in order to support the: zoning and land uses recommended in the 2017-2037 Doraville Comprehensive Plan. Properties are proposed to be rezoned from C-2 (General Business) to T-5 (Urban Center), a mixed-use zoning district that is part ofthe City of] Doraville's form-based code, the Livable The Public Hearing was opened for anyone to speak in favor or opposition oft the: rezoning request. Tom Hart, Gordon Heights, isi in opposition of the rezoning. Mr. Hart is afraid the rezoning would  Community Code (LCC).  Opposition:  result in more car dealerships.  There were no other comments. The First Read was held.  VIII. UNFINISHED BUSINESS  1.C Case CUP-21-05- Request for a Conditional Use Permit for a car wash in T6-A (Urban Core Assembly) (Second Read) Senior Planner Austin Shelton explained that the applicant is proposing acar wash, approximately 1500: sf. The proposed building would serve as a car wash and detail center for the dealership inventory. It would be an accessory use to the dealership; services would only be provided to dealership inventory, not the general public. The proposed structure would take up aj portion oft the existing rear parking lot. The structure would take up aj portion of whati is currently a drive aisle. No existing parking spaces would be removed for the structure. Council Member Henshaw asked ifthej proposed car wash would have ai recycle water: requirement. Planner Shelton stated that ift the: request is approved now the applicant would have to abide by the current Council Member Koontzi made a1 motion to Approve CUP-21-05 as presented. Council Member Alexander seconded the motion. The motion carried unanimously (6-0). AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  codes.  NAYS/NO:- ABSTAIN:-  3    2. Case V-21-09. - Request for Variance from Front Outbuilding Setback (Second Read) Senior Planner Austin Shelton explained that the applicant is seeking a variance from the front outbuilding  setbacks in' T-6A.  Council Member Koontz made ai motion to. Approve V-21-09 as presented. Council Member Alexander seconded the motion. Thei motion carried unanimously (6-0). AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN:-  3. Case V-21-10. - Request for Variance from Rear Outbuilding Setback (Second Read) Senior Planner. Austin Shelton explained that the applicant is seeking a variance from the: rear outbuilding Council Member Koontz made a1 motion to Approve V-21-10 as presented. Council Member Alexander seconded the motion. The: motion carried unanimously (6-0). AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  setback in' T-6A.  NAYS/NO:- ABSTAIN:-  4. Z-21-12-1 Request to. Amend the Livable Community Code (LCC) for the Purpose of Creating the SD-3 District. (Second Read) Director ofPlanning and Community Development Naomi Siodmok explained that the applicant, Jay Gipson oft the Gipson Company, is seeking to amend the Livable Community Code (LCC) to create a new Special District, SD-3, and associated Special Areal Plan (SAP). The applicant seeks to rezone to SD-3, which is an amalgamation ofthe uses permitted in what were originally termed T-5, T-5A, and T6, and is subject to specific requirements outlined in Section 23-2065, which supplements and supersedes thosein Article XX ofthel LCC. Director Siodmok stated that the development must provide ai minimum of6 640 residential units beyond the proposed senior housing units. Mr. Gipson stated that the shuttle Council Member Cohen Morris made ai motion to Approve Z-21-12 with the incorporations of the 1. The development must bei in conformance with Attachment D, but remove the requirement to 3. As presented to increase the number ofr residential units from the proposed 640 units to 800  service to and from the development will be: free. modification and conditions as follows: make this subject to the deed restrictions  2. As presented units 4. As presented 5. As presented 6. As presented 7. As presented 8. As presented  4    9. As presented 10. As presented  The motion failed due to thel lack ofa second.  Council Member Yeoman made a substitute motion that removes thei increased requirement of residential units and changing the authority to the legislative body. Council Member Henshaw made  the second. The motion carried unanimously (6-0).  AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN:-  5.Z-21-11 - Request to Amend the SD-1 District to only include 4400 Motors Industrial Way and 4800 Motors Industrial Way (Second Read) Senior Planner Austin Shelton the applicant, Jay Gipson oft the' The Gipson Company, seeks to rework the boundaries and regulations ofthe Special Area Plan (SAP) for Special District 1 (SD-1), currently known as the Assembly District. A 1. Amend the boundaries of SD-1. The new boundaries will encompass what is currently 3. Rework Sec. 23-2063 oft the Livable Community Code (LCC), the City's form-based code, which spells out the unique regulations oft the SD-1 Special Area Plan. 4.Amend Table 10 and Table 11, the Zoning Use Table and Code Summary table. 5. Rename the zoning district within the proposed SD-1 boundaries as SD-1, rather than T-6A. *Itwast recommended to staff that the name be changed from Asbury. IfMotors is not sufficient, a newi name may bei recommended to update the regulations. Council Member Evans made a motion to Approve Z-21-11 as presented. Council Member Alexander seconded the motion. The motion carried unanimously (6-0). AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  summary oft the proposed changes is below:  thel boundary of the T-6A zoning district. 2. Rename SD-1 from Assembly to Motors*.  NAYS/NO:- ABSTAIN:-  6.Z-20-17- Request to rezone the property from M-1(Light Manufacturing) Zoning District to the 0-I (Office-Institutional) for a substance abuse. and treatment facilities (in-patient) at 2815 Clearview Place. (Public Hearing) (First Read) Director of Planning and Community Development Naomi Siodmok explained that MARR Addiction Treatment Centers is ap private, non-profit organization that has been providing alcohol and drug addiction treatment since 1975. The subject property, 2815 Clearview Place, currently operates as administrative offices associated with the adjacent 2801 Clearview Place, which serves as an out-patient location for their men's treatment program. This facility has been in operation for almost 30 years in Doraville. The applicant seeks to convert the administrative offices on the subject property into an in-patient substance abuse and treatment facility, which will serve as aj place for MARR clients to detox for  5    short-term stay, typically 4-5 days. The applicant representative, Attorney Julie Sellers, asked if Mayor and Council would waive First Read and approve the rezoning request. The Public Hearing was opened for anyone to speak ini favor or opposition oft thei rezoning request. 1. Tom Hart, Gordon Heights, is against the rezoning and stated the area is problematic.  Opposition:  There were: no other comments.  Council Member Koontz made a motion to waive First Read. The second was provided by Council Council Member Koontz made ai motion to Approve Z-21-11 with the condition that the neighboring property 2801 Clearview Place is also rezoned to O-I. Council Member Evans provided the second.  Member Cohen Morris. The motion carried unanimously (6-0).  The motion carried unanimously. (6-0)  AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN:-  7. CUP-20-11- Request for a conditional use permit for the purpose of operating a substance abuse and treatment facility (in-patient) at 2815 Clearview Place. (Public Hearing) (First Read) Director of Planning and Community Development Naomi Siodmok stated that the applicant noted that no special limitations are necessary to protect the public based on the treatment facility use, since MARR has been operating an out-patient program on the adjacent site without negative The Public Hearing was opened for anyone to speak in favor or opposition of the CUP. There were Council Member Koontz made ai motion to waive First Read. The second was provided by Council Council Member Koontz made ai motion to Approve CUP-20-11. Council Member Evans provided  impacts to the surrounding property owners for almost 30 years.  no comments.  Member Cohen Morris. Thei motion carried unanimously (6-0). the second. The motion carried unanimously. (6-0)  AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN:-  8. Case. A-21-11-Amend Chapter 14 ofthe City Code pertaining to Conversions of Static to Digital Billboards (Second Read). Senior Planner. Austin Shelton explained this proposal is to amend the Sign Ordinance, Chapter 14 ofthe City Code, toj permit existing static boards to be converted to digital billboards. Conversion would be permitted ifthe same owner agrees to remove  6    two (2) existing static billboards in exchange for permission to convert one (1) other billboard to be fully digital. Only signs that meet the size requirements for billboards as outlined in Sec. 14-1 and 14- 12 are permitted to bei included. Boards proposed tol bei removed must meet the sizei requirements, but may otherwise be non-conforming. Proposed digital boards must meet all requirements of the code as Council Member Koontz made ai motion to Approve Case A-21-11. Council Member. Alexander  outlined in Sec. 14-1 and 14-12.  provided the second. The motion carried unanimously (6-0).  AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN:-  9. Case. A-21-12- - To. Amend Section 5-12 pertaining to Civic Citations for Working without a Permit (Citywide) (Second Read). Director ofPlanning and Community Development Naomi Siodmok explained this proposal is to amend Section Sec. 5-12. - Violations of the City Code to allow warnings and civil citations for homeowners and licensed contractors, respectively, conducting unpermitted work for the first offense. The amendment will require these parties to receive their building permit within a window of time designated by the Building Official and, for licensed contractors, pay a civil citation fee equal to the permit fee. Should permits not be acquired within the designated window, homeowners and licensed contractors are subject to Section 5-12(d). Council Member Cohen Morris stated she would like to remove imprisonment as aj possible Council Member Cohen Morris made a substitute motion to. Approve Case A-21-12 removing the imprisonment as a possible punishment and to add a warning for contractors on their first violation. Council Member Cohen Morris made. an additional substitute motion to add providing a warning for contractors on the first offense. Council Member Yeoman provided the second. Thei motion  punishment for violations.  Thei motion failed due to thel lack ofasecond.  failed with vote (1-5). AYES/ YES: Cohen Morris ABSTAIN: -  NAYS/N NO: Evans, Yeoman, Henshaw, Koontz and Alexander  Council Member Koontzi made ai motion to Approve Case A-21-12. The second was provided by  Council Member Alexander. Thei motion carried unanimously (6-0). AYES/ YES:- Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN: -  10. 02021- Consideration of an Ordinance to Provide for the Adoption of a Budget, it Execution and Effect for the Fiscal Year beginning July 1, 2021 and ending June 30, 2022 (Second Read) Finance Director Angela Jackson reviewed the Budget Amendments presented by  7    Council:  a. Budget Amendment 2- Council Member Cohen Morris 2. Reduce court session from 24 per month to 161 per month 3. Eliminate vacant Court Clerk position and related benefits 5. Reduce Code Enforcement by reducing officers or the number ofhours  1. Reduce. Millage Rate! 9.751 to 9.60 4. Eliminate vacant temporary employee 6. Increase citywide paving 7. Add Peachtree Creek Greenway Feasibility Study 8. Add Honeysuckle Capital Improvements 9. Staffraises (3%i increase) failed due to a lack ofas second.  Motion to. Approve. Budget Amendment 2 was madel by Council Member Cohen Morris. Themotion  b. Budget Amendment: 3- Council Member Cohen Morris 1. Reduce Citywide Park Improvements 2. Increase. Brook Park Improvements 3. Increase Autumn Park Improvements  Motion to Approve Budget Amendment 3 was made by Council Cohen Morris. The motion  failed due to a lack ofas second.  C. Budget Amendment 4- Council Member Alexander 1. Reduce Court Session from 24 per month to 16 per month 2. Reduce Codel Enforcement Officers from 4 to3 3. Employee Merit Increase (scale of0-5%) was provided by Council Member Koontz.  Motion to Approve Budget Amendment 4 wasi madel by Council Member Cohen Morris. The: second Council Member. Alexander stated she would like to withdraw the amendment. Council Member Cohen Morris stated that we: need tol have raises in the budget. Council Member Yeoman stated explained that he feels that Council is losing credibility for things like: continue to raise taxes, not provided staffraises since 2017, and not improving on: infrastructure in a timely manner.  AYES/ YES:- Yeoman, Cohen Morris NAYS/I NO: - Evans, Henshaw, Koontz, Alexander The motion failed with vote (2-4).  ABSTAIN: -  d. Budget Amendment 5- Council Member Koontz 1. Reduce court sessions from 24 per month to 16 per month 2. Increase General Fund Reserves  Motion to Approve Budget Amendment 5 was made by Council Member Alexander with amending the money used to increase the General Fund Reserves is to be used for employee raises. The motion was seconded by Council Member Evans. The motion was approved  unanimously (6-0).  8    AYES/YBS.-Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN: -  Budget Amendment 6  1. Reduce OCDETF Pass Through Expenses (Police Department) 2. Increase OCDEFT: Pass' Through Expenses (City Manager)  Motion to Approve Budget Amendment 6 was made by Council Member Alexander. The second was provided by Council Member Koontz. The vote carried unanimously (6-0). AYES/ YES:- Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN: -  Council Member Koontz made ai motion to Approve the Ordinance Adopting the Budget, its Execution and Effect for the Fiscal Year beginning July 1,2021 and ending June 30, 2022 as amended in this meeting. The second was provided by Council Member Evans. Council Member Cohen Morris stated that she is shocked that Council did: not vote to decrease the  amount ofmoney spent on Code Enforcement. AYES! YES:-) Evans, Henshaw, Koontz, Alexander NAYS/NO: - Cohen Morris, Yeoman  ABSTAIN: -  The motion to Approve the Fiscal Year beginning July 1,2021 and ending on June 30, 2022 as 11.02021- Consideration of an Ordinance to set the FY2022 Millage Rate (Second Read) Finance. Director Angela Jackson presented an Ordinance setting the proposed FY2022 Millage Rate Council Member Koontz made ai motion to. Approve thel FY2022 Millage Rate at 9.75 mills. Council Member Cohen Morris made a substitute motion to lower the! FY2022 Millage Rate to 9.6 Attorney McLendon stated that ifCouncil Approves the 9.61 mills Millage Rate we will have to  amended in this meeting was carried by vote (4-2).  at 9.75 mills.  mills. Council Member Evans provided the second. reconsider the budget to make it balanced.  AYES/ YES:- Evans, Yeoman and Cohen Morris  NAYS/NO: - Koontz, Henshaw and Alexander and *Mayor Geierman  ABSTAIN: -  *After calling for the vote, there was at tie (3-3). Whenever there: is a tie vote. Mayor Geierman votes to break the tie. Mayor Geierman voted against lowering the Millage Rate to 9.6 mills. The substitute  motion failed by vote (3-4).  9    Council Member Alexander seconded the motion to. Approve the FY2022 Millage Rate at 9.75 mills.  AYES/YES- Koontz, Henshaw, Alexander and *Mayor Geierman  NAYS/NO- Evans, Yeoman, and Cohen Morris  ABSTAIN-  *After calling for the vote, there was a tie (3-3). Whenever there is a tie vote Mayor Geierman votes tol break the tie. Mayor Geierman voted to Approve the FY2022 Millage Rate at 9.75 mills. The  motion to Approve the 9.75 Millage Rate carried by vote (4-3).  IX. COUNCIL COMMENTS  Council Member Alexander asked ife everyone could attend the Car Show this weekend at Assembly. Council Member Henshaw explained that some oft the statements made in the meeting regarding budget wasn't warranted. Council Member Henshaw stated that the City isr receiving some federal funding that will go towards assisting in City projects. Council Member Evans stated he is happy that we got an approved budget that includes an increase for staff. Council Member Koontz explained that the decisions were tough tonight, but she feels like Council made thei right decisions to move the City forward. Mayor Geierman thanked all Council Members for their service and stated that hei is happy to sit on the dais  with all oft them. X. EXECUTIVE SESSION  Council Member Yeoman made ai motion to enter Executive Session to discuss personnel matters. Council Member Koontz seconded the motion. The motion carried unanimously (6-0). AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN:-  Council Member Alexander made a motion to adjourn from Executive Session. Council Member  Koontz seconded thei motion. The motion carried unanimously (6-0). AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO:- ABSTAIN:  XI. ADJOURNMENT  Council Member Henshaw made a motion to adjourn the City Council meeting. Council Member Cohen Morris seconded the motion. The motion carried unanimously (6-0). AYES/YES:- Yeoman, Cohen Morris, Evans, Alexander, Henshaw and Koontz  NAYS/NO: ABSTAIN:  There being no: further business to come before City Council, thei meeting adjourned.  10    Approved:  Joseph  L  Attest:  ABudem,0Ar Arika Birdsong-Miller, Interim City Clerk  11