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HomeMy WebLinkAboutMinutes CC - 03/04/2013 - MINS 03 04 13 REG (Migrated from Optiview)l Regular Meeting of the Milton City Council Monday, March 4,2013 at 6:00 pm Page 1 of12 This summary is provided as a convenience and service to the public, media, and staff It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on March 4, 2013 at 6:00 PM. Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. l ROLLCALL Councilmembers Present: Councilmember Lusk, Councilmember Kunz, Councilmember Thurman, Councilmember Large, Councilmember Longoria, and Councilmember Hewitt. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-046) Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT Risa Hershoran, 1170 Nix Road, Milton, Georgia 30004 • I have lived on Nix Road for the past 12 years. • The surface that has continued to be put on the road over and over again is not the right surface for the road. • There are over 100 pot holes on the road and some of them are six inches deep. • The drainage ditches on either side of my driveway are filled to the top with sand. l Regular Meeting ofthe Milton City Council Monday, March 4,2013 at 6:00 pm Page 2 of12 J• I have spoken to Roddy Motes several times regarding this issue. • He told me that I had to speak at a council meeting regarding this issue. • I do not like to speak publicly and it makes me very nervous; however, this is a very serious Issue. • The road is very slick after it has been raining and the other day a car had driven off the road due to the unfavorable conditions. • When I built my house on Nix Road, the road had a different surface on it when it was maintained by Fulton County. • Maybe someone needs to find out what type of surface they used. • The surface is dangerous, the wash boarding is ridiculous, and the potholes are ridiculous. • I don't know what to do anymore. Dot Blair, 13965 Cogburn Road, Milton, Georgia 30004 • As you know, the city is currently conducting a Visioning Study for the Highway 9 area. • I attended the first community meeting held in February as did many Milton residents who are concerned with the conclusion of a lot on Bethany Bend Road which does not adjoin Highway 9. • I was disappointed that only one member of the City Council was present. • Councilmember Lusk was the only councilmember to attend. • I would like to ask the other members of the council to show the same initiative. • Please attend these meetings and listen and respond to the public's concerns and formulate your Jown opinions based on your own personal observations rather than depending on a staff report that merely provides an interpretation of the public's opinion. • Thank you for your consideration. CONSENT AGENDA 1. Approval of the February 20,2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-047) (Sudie Gordon, City Clerk) 2. Approval of the Amendment to Lease Contract between the City of Milton and Larry and Susan Hopkins. (Agenda Item No. 13-048) (Jim Cregge, Director ofParks and Recreation) 3. Approval of the Acquisition of 665.06 SF of Temporary Construction Easement at 2655 Francis Road from Elaine M. Jones for a Combined Purchase Price of $500. (Agenda Item No. 13-049) (Carter Lucas, Public Works Director) 4. Approval of the Acquisition of 5,500.29 SF of Right of Way and 11,051.72 SF of Permanent J' Construction and Maintenance Easement at 14600 Cogburn Road from Charles E. & Carolyn E. Day for a Combined Purchase Price of$18,000. (Agenda Item No. 13-050) (Carter Lucas, Public Works Director) l Regular Meeting of the Milton City Council Monday, March 4, 2013 at 6:00 pm Page 3 ofl2 5. Approval of the Acquisition of 163,654.40 SF of Right of Way and 43,435.70 SF of Penn anent Construction and Maintenance Easement at Northeast Comer of Intersection of Binningham Highway and Providence Road from the Estate of Dr. Alfred Reinhardt for a Total Combined Purchase Price of $440,000. (Agenda Item No. 13-051) (Carter Lucas, Public Works Director) 6. Approval of the Acquisition of 1,368.52 SF of Pennanent Construction and Maintenance Easement and 1,319.43 SF of Temporary Construction Easement at 120 Providence Oaks Pointe from Thomas J. and Kathleen G. Schranz for a Total Combined Purchase Price of $4,400. (Agenda Item No. 13-052) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for Surveying and Engineering Services for Sidewalk Improvement Projects on Webb Road and Cogburn Road. (Agenda Item No. 13-053) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Thunnan moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). l REPORTS AND PRESENTATIONS 1. Proclamation Recognizing March for Meals Awareness Month. (Presented by Mayor Joe Lockwood) 2. Fulton County Schools Strategic Plan. (Dr. Robert Avossa, Superintendent ofFulton County School System) Dr. Robert Avossa, Superintendent of Fulton County School System • We think it is important that each of the 13 cities that make up the Fulton County School System have a chance to look at what we are accomplishing and focusing on. • There are a few things I would like to talk to you about tonight. • The first item is how the district is continuing to evolve with the onset of the Charter System and how we plan on using that new level of accountability and flexibility to continue our work in Fulton County. • I would like to go over the Strategic Plan and give you an overview of the goals we have set. • As you know, Fulton County is an interesting school district since it is over 75 miles long. • We have about 95,000 students in 100 schools. • We are still a very fast growing school district. • Last year, we enrolled 1,300 new students. • Our prediction for this year is that we will add another 1,250 students in which we will then have close to a total of 100,000 students. l Regular Meeting of the Milton City Council Monday, March 4, 2013 at 6:00 pm Page 4 of 12 J• The district is majority/minority in which about 40% of our students are African-American, 35% are Caucasian, and we have a very large and growing Asian population especially in the John's Creek area. • We are a very large and diverse school district. • As I visited our schools, it became very clear to me that we are not a "one size fits all" school district. • So, instead of having one large bureaucracy we began a program referred to as decentralization. • We divided the school district into a few learning communities. • In addition, we became the state's largest charter system. • We passed SPLOST 4 which allowed us to build Cambridge High School which is now the new template for our high schools. • We are behind in technology, but since SPLOST 4 passed we will be investing nearly $200 million for technology in our schools over the next four and a half years. • We rolled out a five year strategic plan with three big goals which includes a very strong performance management system to raise the standards for all 14,000 of our employees. • How do we make a district this large feel small? • Well, we need more local support and control. • With the Learning Community Model, the area superintendent has his or her own team located at the Old Milton Center. • There are four teams and each one supports about 25 schools. • Frequently, people will ask me what it means to become a Charter School. J• Charter Schools are able to run as independent operators without all the regulations that are typically in place for public schools. • In Georgia, it is referred to as Title 20, which consists of about 750 pages of regulation on how to run a public school. • We asked the state to enter into a contract to waive all of those pages of regulation. • The Board of Education spent two years working with the community on whether or not that is what we wanted to do and, overwhelmingly, the community said, "yes". • They wanted more control over their local schooL • So, we have been given the same opportunity that a Charter School has been given but at the system level. • So, things like compensation reform are within reach. • For example, how can we get a Georgia Tech graduate with an engineering degree to teach in our schools and provide a competitive salary knowing that they could make twice as much in the private sector? • I have given each of you a copy of our Strategic Plan. • There are 16 key initiatives in this plan that will take place over the next five years. • There are three key initiatives within this plan that we must be able to reach. • We must have a graduation rate of 90%. • However, Milton High School and Cambridge High School are well over 90% graduation rate and their SAT scores are outperforming other schools so we have had to create stretchable goals ]for these schools. • Six of the top high schools in Georgia are in North Fulton. • We are changing from a "one size fits all" method to tailoring to the individual needs of each school. :1 ·1 'f I i l Regular Meeting of the Milton City Council Monday, March 4, 2013 at 6:00 pm Page 5 of 12 • The five key areas that we are focusing on are: 1. Advancing Instruction 2. Enhancing People 3. Integrating Technology 4. Ensuring Effective Schools 5. Managing resources • Each month, our payroll is $60 million; therefore, the vast majority of the school system resources goes to people. • We must be able to hire the best teachers and principals possible, hold them accountable, and remove them if they are not performing. • We have to identify the issues that exist, provide the growth and opportunity for individuals to improve, and most importantly, have the courage to remove them. • We have removed the most low performing principals and assistant principals in the last eighteen months than we have in the past few years. • We have done this because we know that if a school does not have a great principal to lead their team it is difficult to hold the teachers accountable. • We also have to promote a positive sense of support and culture so that people will want to work for the Fulton County School System. l Mayor Lockwood: • I just wanted to let you know that every time a citizen tells me they like living in Milton, they always comment on how good the schools are and I just wanted to thank you for that. Bill Lusk, Councilmember: • Have you received any applications for charter schools to be located in North Fulton? Dr. Avossa: • We have received about 6 or 7 applications that staff is reviewing. I am not certain of where the location of those schools will be. The last application that was approved was located in a small area called Palmetto which was a unique agricultural charter school that was built on an organic farm. Karen Thurman, Councilmember: • I just wanted to thank you because all real estate agents will tell you that the number one factor of selling a home is the quality of the schools in the area. By maintaining a wonderful school system, you are helping all of us in Milton. Lance Large, Councilmember: • I also want to thank you because companies who want to move to Milton also want to be in an area with an outstanding school system. l Regular Meeting of the Milton City Council Monday, March 4,2013 at 6:00 pm Page 6 of12 ]FIRST PRESENTATION 1. Consideration of U12-01NC12-07 -14325 Hopewell Road by Dean Riopelle for a Use Pennit for Exotic Animals to operate a Primate and Exotic Animal Preserve on approximately 20.74 acres. A 2 part concurrent variance, 1) Not to plant to buffer standards for a width of 75 feet along the east property (Sec. 64-1141(3)(b)). 2) To allow parking between the building and the right-of-way (Sec 64-1145(6)(c)). (Agenda Item No. 13-054) (Kathleen Field, Community Development Director) 2. Consideration ofRZ12-171U12-02NC12-08 -Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners to rezone from AG-l (Agricultural) to TR (Townhouse Residential) and request a Use Pennit (Sec 64-1825) to develop a 95 unit assisted living facility and 19 single family detached residences on approximately 9.09 acres. A 4 part concurrent variance, 1) To increase the height to 40 feet from average grade to bottom of the roof eave and 2 stories to 3 stories (Sec 64-1 095(m)). 2) To reduce front periphery setback from 40 feet to 20 feet along Bethany Bend adjacent to the single family lots (Sec 64-669 (h)(l)). 3) To reduce the minimum side yard setback for single family lots from 7 feet to 5 feet (Sec 64-669(i)(2)(a)). 4) To reduce the minimum rear setback for the single family lots from 25 feet to 20 feet (Sec 64­ 669(i)(3 )). (Agenda Item No. 13-055) J (Kathleen Field. Community Development Director) 3. Consideration of RZ13-01NC13-01-Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners to rezone from AG-l (Agricultural) to 0-1 (Office-Institutional) to develop a 95 unit, 2 stories, assisted living facility on approximately 4.733 acres. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback along the east property line (Section 64-1 091 (b)). (Agenda Item No. 13-056) (Kathleen Field, Community Development Director) 4. Consideration ofRZ12-18 To amend Chapter 64, Article VI, Division 2, AG-l (Agricultural District) as it pertains to fencing. (Agenda Item No. 13-057) (Kathleen Field, Community Development Director) 5. Consideration ofRZ12-19-To amend Chapter 64, Article II, Division 8, as it pertains to fencing and walls. (Agenda Item No. 13-058) (Kathleen Field, Community Development Director) 6. Consideration ofRZ13-02 -To amend Chapter 64, Zoning Ordinance, Article 1, in General, Sec. 64-1 Definitions. (Agenda Item No. 13-059) (Kathleen Field, Community Development Director) ] l l Regular Meeting of the Milton City Council Monday, March 4, 2013 at 6:00 pm Page 7 of 12 7. Consideration ofRZ13-03 To delete Article VII, Division 5A-Deerfield Plan ofthe Highway 9 Overlay District and concurrently adopt a new Article XX, DeerfieldlHighway 9 Form Based Code. (Agenda Item No. 13-060) (Kathleen Field, Community Development Director) 8. Consideration of RZ13-04-To amend Article VII, Division 5, State Route 9 Overlay District, Section 64-1069(a), Regulations; applicability. (Agenda Item No. 13-061) (Kathleen Field, Community Development Director) 9. Consideration ofRZ13-05 -To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1839 -Apartments. (Agenda Item No. 13-062) (Kathleen Field, Community Development Director) 10. Consideration ofRZ13-06 To adopt the corrected City of Milton Zoning Map as indicated on the Geographical Information System (GIS) including all zoning actions prior to January 1,2013 as shown on "Current Zoning Map Dated January 2013." (Agenda Item No. 13-063) (Kathleen Field, Community Development Director) 11. Consideration of RZ13-07-To amend Article XIX Crabapple Form Based Code, Article 5 Standards and Tables, Table 9 Specific Function and Use. (Agenda Item No. 13-064) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING ZONING AGENDA UNFINISHED BUSINESS l Regular Meeting of the Milton City Council Monday, March 4, 2013 at 6:00 pm Page 8 of 12 ]NEW BUSINESS 1. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia's Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 3 Hopewell Road/Cogburn Road at Francis RoadIHopewell Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-065) RESOLUTION NO. 13-03-251 (Carter Lucas, Public Works Director) Carter Lucas, Public Works Director: • These first few items tonight are related to the HopewelllFrancis/Cogburn intersection improvement project. • I would like to talk about the process that is used in these situations. • Predominantly, when we are looking at intersection improvements and we have to use the Powers of Eminent Domain or condemnation, we have two situations that generally occur. • The first situation is where we would negotiate in good faith with the property owner and both parties cannot come to an agreed upon price. • In that case, the condemnation goes through as a potential conflict condemnation. • The other situation is when we have title issues. • There is an agreed upon price with the property owner but we have title issues that cannot be Jresolved in a reasonable amount of time. • That condemnation is often referred to as a friendly condemnation. • This particular item, Parcel 3, is a parcel located on the southwest comer of the intersection of HopewelllFrancis/Cogburn. • It is the undeveloped parcel with the utility bank. • We have come to an agreement regarding the price, however, because of some title issues the condemnation is necessary to proceed with the intersection improvement project in a timely manner. • This parcel located at 2540 Hopewell Road involves the acquisition of 486 square feet of right­ of-way and 2,244 square feet oftemporary and permanent easements. • The total appraised value is $1,100. • This is a friendly condemnation. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-065. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). 2. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia's Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 6 2643 Francis Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for JPublic Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-066) RESOLUTION NO. 13-03-252 (Carter Lucas, Public Works Director) l Regular Meeting of the Milton City Council Monday, March 4, 2013 at 6:00 pm Page 9 of12 Carter Lucas, Public Works Director: • This parcel is located at 2643 Francis Road on the northeast corner of the intersection and is also part of the HopewelllFrancis/Cogburn project. • We would like to acquire 1,104 square feet of right-of-way and 1,429 square feet of easements. • We have agreed on the purchase price in the amount of $4,200 but title issues on this parcel require us to file condemnation to resolve the issues. • This is a friendly condemnation. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 13-066. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 3. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia's Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No.4 ­ 14750 Hopewell Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-067) RESOLUTION NO. 13-03-253 (Carter Lucas, Public Works Director) l Carter Lucas, Public Works Director: • This parcel is located at 14750 Hopewell Road on the northwest corner of the intersection and is also part of the HopewelllFrancis/Cogburn project. • We would like to acquire 12,066 square feet of right-of-way and 5,184 square feet of easements. • This condemnation is different from the others in the fact that we believe we have negotiated in good faith with the property owner and have not been able to reach an agreed upon price. • However, we received a counter offer this afternoon so we may be able to come to an agreement based on this new offer. • I would still like you to vote on this resolution tonight but we will most likely be able to resolve this issue without condemnation. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-067. Councilmember Large seconded the motion. The motion passed unanimously (7-0). 4. Consideration of a Professional Services Agreement between the City of Milton and Wiley & Wilson, Inc. for Renovations to the Hopewell House. (Agenda Item No. 13-068) (Carter Lucas, Public Works Director) Carter Lucas, Public Works Director: • This is an agreement for architectural services for the design of the renovations to the Hopewell House. • We chose this company after reviewing the qualifications often applications we received. l Regular Meeting of the Milton City Council Monday, March 4, 2013 at 6:00 pm Page 10 of 12 J• Wiley & Wilson, Inc. was selected based on their past experience with historic structures and their ability to work through the process by taking into consideration the history of the house as well as the intended use of the house. • This agreement is not to exceed $115,500 which consists of several different components as follows: Stakeholder Meetings, System Evaluations, and Project Coordination $36,300 Architectural and Civil Drawings for Construction Documents $37,700 Construction Administration $40,000 General Reimbursable Items $ 1,500 Total $115,500 • Our concept plan for pre-design and construction documents had an estimated amount of $74,000 which is where we ended up in the final design documents. • The $40,000 for construction administration will come out of the line item that we have for project management and contractor fees in the amount of $80,000. • Currently, we are on budget with the concept plan that was previously completed. • Tonight, we are asking for your approval of these architectural services in order to move forward with the design of the Hopewell House. Bill Lusk, Councilmember: J • Does this include site design or site improvement for the entire site? Carter Lucas: • Yes, it would include the civil portion of it. Karen Thurman, Councilmember • You indicated that there were ten applications for this project. How did the price offered by this company compare to the other applicants? Carter Lucas: • This bid was based on qualifications only. Price was not included in the submittal process. Once the first choice applicant was selected then the price was negotiated. Matt Kunz, Councilmember: • I have some concerns about this project. I wish the city did not own the house. However, since we are going forward with this project it needs to be done well. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-068. Councilmember Large seconded the motion. The motion passed (6-1). Councilmember Kunz opposed. J l l Regular Meeting of the Milton City Council Monday, March 4,2013 at 6:00 pm Page 11 of l2 MAYOR AND COUNCIL REPORTS STAFF REPORTS Chris Lagerbloom, City Manager: • I would like to bring your attention two Milton bills that were introduced last week to the General Assembly. • House Bill 452 passed from the House to the Senate. It pertains to the redistricting of Milton from six districts to three. • House Bill 527 pertains to the modification of four sections of our Charter. • We are in the review process regarding the application that AT&T has submitted to put a cell tower at Stars Soccer field. • As you know, we have received numerous comments from our citizens regarding this issue. • Our City Attorney and I are meeting with AT&T's attorney's tomorrow to discuss the balloon test that failed over the weekend. • The balloon did not fly for the minimum amount of four hours that it needed to pass the test so, if anyone would like to know, you can tell them that the test failed. • So, AT&T will have to conduct the balloon test again. • Regarding Senior Services, we are trying to complete some programs with Senior Services prior to the Hopewell House being completed. • I believe we have found a location where we can begin to deliver services now; however, I do not want to release the name of the site until it is definite. • We would like to begin services now so that we can use some of the money that Fulton County has given us for Senior Services in order to have a better chance of receiving that money next year. • We want them to see that we are making the most of the funds we were given. • I would also like to make you aware of an article that was published in the Milton Herald today. • The article stated that you had voted on some permitting issues tonight that you clearly did not. • Tonight, you acted to adopt the First Presentation of some permitting issues which is simply a procedural process where items are read into the record in order to move forward. • I have worked with Jonathan Copsey at the Milton Herald to try to correct this error. • They have put some information on Facebook and Twitter to let people know of the error. EXECUTIVE SESSION (None) RECONVENE l Regular Meeting of the Milton City Council Monday, March 4,2013 at 6:00 pm Page 12 of 12 J ADJOURNMENT (Agenda Item No. 13-069) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 7:08 p.m. Councilmember Large seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 7 :08 p.m. Date Approved: March 18,2013. Sudie AM Gordon, City Clerk Joe Loc ] ]