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Home My WebLink AboutMinutes CC - 04/22/2013 - MINS 04 22 13 REG (Migrated from Optiview)Regular Meeting ofthe Milton City Council Monday , April 22, 2013 at 6 :00 pm Page 1 of 50 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 April 22, 2013 at 6:00 PM. Mayor Joe Lockwood presiding. INVOCATION Remco Bronunet, Chaplain for City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL CounciJmembers Present: Councilmember Lusk, Councilmember Kunz, Council member Thunnan, Councilmember Large, Councilmember Longoria, and Councilmember Hewitt. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-097) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following change : • Move Zoning Agenda Item No. 13-090 to the first item under the Zoning Agenda. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT (None) Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 2 of 50 CONSENT AGENDA 1. Approval of the March 26, 2013 Special Called City Council Meeting Minutes. (Agenda Item No. 13-098) (Sudie Gordon, City Clerk) 2. Approval of the April 8, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-099) (Sudie Gordon, City Clerk) 3. Approval of the April 15,2013 Work Session Meeting Minutes. (Agenda Item No. 13-100) (Sudie Gordon, City Clerk) 4. Approval of the Financial Statements for the Period Ending March, 2013. (Agenda Item No. 13-101) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember , Kunz seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Arbor Day (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Building Safety Month. (Presented by Mayor Joe Lockwood) 3. Update on the SR 372 (Crabapple RoadlBinningham Hwy) Intersection Improvements in the Downtown Crabapple Area. (Carter Lucas, Public Works Director) Carter Lucas, Public Works Director: This project has a couple of different components and is one of our federally funded HPP projects to deal with congestion in the Crabapple area. The project started with some intersection improvements at the main intersection of Crabapple at SR 372 and Mayfield Rd. Due to some historical buildings in the area and some limitations of what we could do in that particular location, this project grew into a connector road along the northwest site of that intersection . We have been working with the primary landowners in the area to create a final alignment. Tonight, we want to show you the final alignment as well as the current schedule for this project. In addition to the intersection improvements at the intersection of SR 272, Mayfield Road, and Broadwell Road, the project will also include left turn lanes on the three approaches where there is room available. As you enter the Crabapple area near the Korean church, there will be a roundabout installed at the Crabapple Chase subdivision. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 3 of 50 There will be another roundabout at the existing McFarland entrance to SR 372 where the John Wieland property is located. In looking at the schedule for this project, we initially go through a conceptual approval plan process, a preliminary plan process, and a final plan process. At this point, we have received the conceptual plan from GDOT and are currently in the preliminary plan process. We are in the process of the design approval and the environmental approval. So, we are moving toward the final plan process which we hope to have the preliminary plans in May and the final plan in August. It is important for us to receive the environmental approval as soon as possible so it will allow us to go ahead with early acquisition on some of the right-of-ways. We are hoping to complete the right-of-way process in August 2014. We hope to have the final plans after that with construction beginning in April 2015 and finally open to traffic in June 2016. Right now, we are looking at 24 parcels that will be impacted by the right-of-way acquisitions. We are hoping that the right-of-way acquisitions will move quickly which will speed up the project immensely. Councilmember Bill Lusk: What is the funding program for this project? Carter Lucas: The funds come out of our high priority projects fund or HPP funds. It is an 80/20 split; 80% federal, 20% local. We are estimating $4.5 to $5 million for the overall project which $1 million would be locally funded. Councilmember Karen Thurman: Will the plan be available on-line? Carter Lucas: Yes, we will be updating the schedule shortly as soon as we get through preliminary plans. All of our intersection projects are located at www.miltonintersectionprojects.com. Councilmember Matt Kunz: What are we doing to ensure that the roads will maintain the Crabapple feel? Carter Lucas: We are striving for a balance between the land use and the requirements that we will have to meet according to state standards. As we move through this project, we are looking at land use plans in conjunction with the roads. Robert Busemi, our city architect, is working through some land use plans in the Crabapple area to try to incorporate the road and the typical intersection as best we can into those overall land use plans. Because of the length of the project, we are trying to accomplish both of these requests in conjunction with each other. Councilmember Burt Hewitt: What is our involvement with GDOT on this project? Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 4 of 50 Carter Lucas: From an overall project standpoint, we take the project through design and right-of-way acquisition then it is turned over to GDOT for construction. So, even though we have the two roundabouts along SR 372, the connector road between the two roundabouts will be part of the overall project as well as the tum lanes at the intersection which will be constructed by GDOT. At the end of the construction period, the project will be turned back over to the city and the connector will be a local road. Councilmember Lance Large: Are the federal funds already budgeted? Carter Lucas: Yes. 4. Presentation of the City of Milton FY 2012 Annual Audit. (Presented by Adam M Fraley, CPA, Mauldin & Jenkins) Adam Fraley, CPA Mauldin & Jenkins: I am here tonight to present the City of Milton audit for year ending September 30, 2012. You should have the City of Milton Comprehensive Annual Financial Report and also our Annual Audit Agenda in front of you. I will be referring to the Annual Audit Agenda which summarizes the audit. We issued a clean opinion regarding the City of Milton financial reports which means they were fairly presented. The City of Milton elected to use a Comprehensive Annual Financial Report which is above and beyond the state requirement. This type of financial reporting builds on the financial history of the city which will build for ten years. The city has received the award for Certificate of Achievement for Excellence in Financial Reporting in previous years and will submit for that award this year as well. The General Fund is the main operating fund for the city. The General Fund Revenue sources consist of the majority from taxes, as well as, permits, services, fines and forfeitures, etc. On the Expenditure side the majority is Public Safety at 51 %, then General Government at 21 %, and Public Works at 11 %. You will see that the General Fund Revenues went down slightly during 2012 and Expenditures went up slightly. Revenues are above Expenditures which means that the city has successfully added reserves to its Fund Balance each year. On the city's Balance Sheet, the Equity increased from about $57 million to $61.8 million during 2012. Most of that is invested in Capital Assets of about $42.5 million leaving unrestricted Net Assets of about $18 million. We found one area where the accounting records needed to be corrected for the reporting of Capital Assets. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 5 of 50 FIRST PRESENTATION (None) PUBLIC HEARING 1. Consideration of an Ordinance to Adopt Amendments to the Fiscal 2013 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations , and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 13-088) (First Presentation at April 8, 2013 Regular Council Meeting) (Discussed at April 15, 2013 Council Work Session) (Stacey 1nglis, Assistant City Manager) Stacey Inglis, Assistant City Manager: I would like to talk to you about where we are with the approved budget that is before you tonight. $18.3 million in Revenues and $20.4 million in Expenditures was approved for fiscal year 2013. The Fund Balance at the beginning of the year was $ 10.1 million and at the end of the year, with the current approved budget, it will be a little over $8 million. The requested amendments are $393,416 adding to Revenues and adding $1,276,282 to Expenditures. The difference between these is $882,866 which will come out of the Fund Balance. So, the ending Fund Balance, if the budget amendments are approved, would be a little over $7 .1 million. This has changed from what was presented to you at the work session based on a meeting that we had with Councilmember Longoria. Our cost for the Radio System was $1.9 million before John's Creek decided not to participate. Our cost now is $2.4 million . We are currently funding $l.65 million with the approved budget amendments. So, half of that, $750,000 is left to be funded in fiscal year 2014. A portion of the architectural cost for the Public Safety building will also be taken out of the Fund Balance. We are recommending an increase in the Property Tax budget of$285,000 based on the trending of the past two years of a 96% collection rate. Franchise fees should increase by $100,000. Building permits should increase by $100,000. Court administration fees should decrease by $50,000 . Fines and forfeitures are decreasing by $100,000. They have decreased steadily for the past four years. Personnel changes consists of the Finance Director becoming the Assistant City Manager, a firefighter became an EMT Trainer, the Records Clerk in the City Clerk Department moved to the Hwnan Resources Department, and the Community Builder position is no longer funded by the Georgia Council on Developmental Disabilities mini-grant program. The employee who held the full-time position of Human Resources Manager resigned . She was primarily responsible for employee benefits and training. The Disbursement Coordinator handled payroll, processed AlP checks and handled customer service. The part-time Special Events Coordinator was responsible for special events. So, we moved these employees to different positions and spread out the responsibilities. There was a cost savings of $14,000 associated with these changes. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 60f50 We are proposing to increase the defined benefit funding from 5.31 % to 9% per employee. The remaining cost for this fiscal year is $114,000. We are decreasing the group insurance appropriation by $65,000 to make it more in line with actuals. We have a cost of$75,000 to clean up the Justin Adam's property. We are proposing to back-fill the firefighter position in which the remaining cost for this fiscal year will be $24,300. After our meeting with Councilmember Longoria, we have decided it would be better to hire an IT Consultant instead of a full-time IT Software Engineer employee. The cost is not to exceed $20,000. Councilmember Thurman: It looks like we are taking $3 million out of our Fund Balance ... going from $10.1 to $7.l. Is that correct? Stacey Inglis: Yes. Councilmember Thurman: Of that $3 million, is all of that for capital type improvement projects? So, none of that is for ongoing reoccurring costs that would cause us to have to take money from the Fund Balance in future years. Stacey Inglis: No. Council member Thurman: So, these are additional capital projects that we have chosen to fund out of our Fund Balance because our Fund Balance is in excess of what it needs to be? Stacey Inglis: Correct. Chris Lagerbloom, City Manager: We chose to fund as much as we could the first year for the Public Radio System so it will free us up next year. ALCOHOL BEVERAGE LICENSE APPLICATION (PUBLIC HEARING) 2. Consideration of the Approval for the Issuance of an Alcohol Beverage License to Alpharetta Athletic Club Manager, LLC d/b/a Alpharetta Athletic Club Located at 3430 Highway 9, Milton, Georgia 30004. The Applicant is Bruce Gerlander -Consumption on Premises -Wine, Malt Beverages and Distilled Spirits. (Agenda Item No. 13-102) (Stacey Inglis, Assistant City Manager) Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 7 of 50 Stacey Inglis, Assistant City Manager: This is simply an owner change. When there is a change in ownership, the new owner has to apply for an alcohol license as if they have never had one before. This goes along with the next agenda item because there are two locations for the Alpharetta Athletic Club. They have followed all of the requirements. Staff recommends that the ordinance is approved. Motion and Vote: Council member Hewitt moved to approve Agenda Item No. 13-102. Councilmember Large seconded the motion. The motion passed unanimously (7-0). 3. Consideration of the Approval for the Issuance of an Alcohol Beverage License to Alpharetta Athletic Club Manager, LLC d/b/a Alpharetta Athletic Club Located at 1785 Dinsmore Road, Milton, Georgia 30004. The Applicant is Bruce Gerlander -Consumption on Premises -Wine, Malt Beverages and Distilled Spirits. (Agenda Item No. 13-103) (Stacey Inglis , Assistant City Manager) Stacey Inglis, Assistant City Manager: Again, this is a new owner. This is a different location than the previous agenda item. They have followed all the requirements of our ordinances. We recommend approval. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 13-103 . Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Zoning is transcribed verbatim ZONING AGENDA 1. Consideration ofRZ13-03 -To delete Article VII, Division SA-Deerfield Plan of the Highway 9 Overlay District and concurrently adopt a new Article XX, Deerfield/Highway 9 Form Based Code. (Agenda Item No. 13-060) ORDINANCE NO. 13-04-169 (First Presentation at March 4, 2013 Regular Council Meeting) (Discussed at March 11 , 2013 Council Work Session) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 8 of 50 Chris Lagerbloom, City Manager: Mayor and Council, this is the same item that was brought forward last month the only thing it lacked when it was presented before was the opportunity for a Public Hearing so we felt in the abundance of caution we should bring it forward again simply so that component of adopting something in the zoning code was adhered to so however much of a presentation you want tonight is totally up to you. You've all voted on this at one point and thought you had adopted it. This is more procedural than anything else so I will let you drive how much of that you want. You may just want to hold a Public Hearing and then vote. Mayor Lockwood: Okay. First, are there any questions? Councilmember Thurman: There have been no changes since last time? Kathy Field, Community Development Director: Let me just make one comment toward that. Since the last time, we did use that opportunity to re review the ordinance and we did find some minor revisions, none of which are substantive, just clean-up items and so you will see changes in red. They are just clean up. We thought we would put the time to good use to do that so we feel that we have even a better version but no changes that are substantive. Mayor Lockwood: Are there any questions for staff other than that? Do you just want to take a minute? Do we have any Public Comment? Robyn MacDonald, City Planner: No, we do not. Mayor Lockwood: I am going to go ahead and close the Public Hearing and if there are any questions, if not, I will open it up for a motion. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-060. Councilmember Large seconded the motion. The motion passed unanimously (7-0). Councilmember Hewitt left the meeting at 7:45 p.m. 2. Consideration of U13-01NC13-02 -Binningham Highway (SR 372) East Side, Luca Gianturco for a Use Pennit for one baseball field and an 8,800 square foot bam. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG l/Residentially used property and provide a 50 foot setback along the north and east property lines. [Section 64-114(3 )(b)] (Agenda Item No. 13-089) (First Presentation at AprilB. 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 9 of 50 Kathy Field, Community Development Director: Thank you Mr. Mayor and members of the council. This site map shows the applicant's site on the east side of his property along Birmingham Highway. The subject site contains 4.814 acres. It is currently zoned AG-l and is part of a larger track of AG-l zoned land. A grading permit was issued on May 29, 2012 for the subject site and a revised grading permit on August 27, 2012 with the construction of a baseball field. The applicant is seeking a use permit for a recreational field being a baseball field. This shows the existing zoning to the site which is AG-l. The next slide shows the future land use map. The proposed use for this area is agricultural, equestrian, and estate residential. This shows the site plan as submitted on February 5, 2013 with the proposed ball field on the east side of the property. By way of background, as stated above, a grading permit was issued on May 29, 2012 for this site as well as an adjoining parcel to the south. The plan proposed additional pasture areas for agricultural uses as well as a building pad for future greenhouses. All of these uses are permitted under the AG-l zoned property. However, after the issuance of the grading permit, a revision to the grading permit was made on August 27, 2012 to substitute a baseball field for the paddock on the eastern portion of the site. At that time, the Community Development's Plan Review Staff was informed that the baseball field would be for personal use of the property owner. This limited use of the baseball field would not require any additional zoning actions. After the revision to the grading permit was approved, the Community Development Department was informed that the proposed baseball field would be utilized by players other than the owner and his family. Staff then informed the applicant that a use permit for recreational fields would be required to allow the use of the field by others other than his personal use. The Planning Commission did review this application at their March 26,2013 meeting and they recommended Approval Conditional ofU13-0l and VC13-02 with the following conditions: That evidence be provided that all adjacent landowners have no opposition to the deletion of the buffer and replace with a 50 foot setback as proposed and that the agreed upon landscape plan with Mr. Bates be spread on the record shown as Exhibit A. At the time the building is constructed, restroom facilities be constructed at that time. Hours of operation are limited to daylight hours. This is the landscape plan with Mr. Bates who is an adjoining landowner and it is shown on this site plan the agreement for additional buffer between Mr. Bates and the applicant. Site plan analysis; based on the applicant's site plan submitted to the Community Development Department on February 5, 2013, staff offers the following considerations: Under use permit standards, under Section 64-1828 Recreational Fields, in all districts, and not limited to soccer, softball, baseball, polo, football, etc. a use permit is required. So, regardless of which district, commercial or agricultural, whatever, for a recreational field a use permit is required. In terms of standards, our analysis of the standards ofthe use permit versus what the applicant is calling for we see that under number one, permitted curb cut access shall not be from a local street. The applicant is in compliance. Birmingham Highway is a major arterial. A minimum 50 foot buffer and 10 foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single family dwellings. It should be noted, however, that this 50 foot buffer and 10 foot improvement setback is obviated by the Northwest Fulton Overlay District Development. They have a much more stringent standard in that they require a 70 foot undisturbed Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page JO of 50 buffer and a 10 foot improvement setback. So, hence, the applicant is asking for a variance so as not have to follow the Fulton County Overlay but just to follow the basic 50 foot buffer and 10 foot improvement setback and that is the genesis of his variance request. Loudspeakers and paging systems are prohibited adjacent to residentially used property. The applicant is in compliance. The applicant has indicated in the letter of intent that there shall be no loudspeakers or pager systems. The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts and AG-1 districts used for single family dwellings. The applicant is in compliance. The applicant has indicated in a letter of intent that there shall be no outside lighting on the site. So, as I mentioned the Northwest Fulton Overlay District requirements. The variance is to delete the 70 foot buffer and 10 foot improvement setback adjacent to AG-1 residential use property and provide instead that 50 foot setback along the north and east property lines. Section 64-1141 subsection (3)(b) of the Northwest Fulton Overlay District requires a 75 foot undisturbed buffer with a 10 foot improvement setback located adjacent to all AG-1 Agricultural Zoning Districts and all properties zoned, used, or developed for residential uses. Staff notes that although the south property line is not mentioned, even though the adjacent property is owned by the applicant, a concurrent variance will also be needed for the south property line. The City Arborist has offered the following in his comhlents: Area for the use permit initially had nearly 100% coverage of mixed vegetation consisting of pines and hardwoods. Said area has been nearly completely denuded under previous permits indicating pasture and personal recreation field and additional greenhouses. It appears that if the applicant had indicated that the baseball field would be used for others and a use permit was applied prior to the permitting and construction of the field, at least a portion of the required buffers would be in tack. In addition, the applicant has not provided credible evidence demonstrating compliance with subsections one through four as follows: Relief of granted would not offend the spirit or intent of the zoning ordinance. There are such extraordinary or exceptional conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship. Relief of granted would not cause a substantial detriment to the public good and the surrounding properties. That the public safety, health, and welfare are secured and that substantial justice is done. Based on this statement, staff recommends Denial ofVC13-02 along the north, east, and south property lines. Building size, height, and other structural design. The site plan proposed an 8,000 square foot storage/practice building built to look like a barn. Staff notes that the building must comply with all Northwest Fulton Overlay standards and must be submitted to the City of Milton Design Review Board prior to the issuance of a building permit from the Community Development Department. The applicant does not state the height of the proposed building but the Overlay District States that there shall be a maximum height limit of two stories with a maximum height of 30 feet from average finished grade to the bottom of the roof eave presumed from Section 65-11-45(4). The site plan also indicates that the Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 11 of 50 dimensions of the barn will be 80 feet by 110 feet. The Overlay District requires that for every 80 feet of building length on a single face, there shall be a variation in the exterior presumed from Section 65 11-45(5). Other Site Plan Considerations. Parking Requirements. Per Section 64-14-10, off street parking for a recreation field requires 50 parking spaces. In the applicant's letter of intent, it states that parking will be provided on the adjoining parcel zoned C-l, Community Business, to the north which is also owned by the applicant. On that parcel there are a total of 102 gravel parking spaces and 5 handicap parking spaces. Therefore, the site plan meets the minimum required number of parking spaces. Staff notes that a handicap parking space will be required closer to the baseball field. Parking requirements continued. Staff notes that where the limits of the use permit are located along the north property line, this area does not allow for sufficient space for pedestrians to access the baseball field based on the fact there is a 50 foot undisturbed buffer along the east property line of the commercial parcel. The applicant has stated there is an alternative route for pedestrian ingress and egress from the commercial parcel to the subject site located further to the west. Restroom Facilities. The site plan does not indicate any restroom facilities on the site. The building official has stated that per code, restrooms must be provided within 500 feet of the field. The applicant has stated that the participants will go to the facilities on the commercial property. This is a greater distance than what is required. Concessions, Lighting, and Loudspeakers. Includes the condition there shall not be any concession stands within the proposed 8,800 square foot building or any new structures, vehicles, either permit or temporary on the subject site used for concessions. Based on the applicant's letter of intent, conditions will be included to prohibit outside lighting of any type as well as loudspeakers. Public Involvement. On February 7,2013, the applicant was present at the Community Zoning Information Meeting at the Milton City Hall. There were approximately 6 members of the community in attendance. Their concerns included the intensity of the use from the public and the absence of vegetative screening adjacent to single family residences. Public Participation Plan and Report. The applicant has met the requirements of the public participation plan and report. There were 3 people in attendance. They had the following issues: Lack of screening at the southeast corner of the field, number of people using the field, frequency of use, times of use, and storm water runoff direction and treatment. The Public Participation Report was submitted on March 5, 2013 by the applicant. The City of Milton Design Review Board meeting March 5, 2013. Their comments included that if the field is open to the public, ADA access from the parking lot will be required, the plan should include an agreement to the applicant himself for shared parking and use of the bathroom. Environmental Site Analysis. The proposed site does not contain floodplain, wetland, steep slopes or sensitive plant and animal species. The applicant also states that there are no streams on the subject property. However, there is a very small section of the stream buffer associated with the stream on the adjacent northern property. The baseball field will not impact this buffer. The site plan indicates compliance with the required city and state stream buffers and non-impervious setback. The proposed use will not impact any historical or archeological entities. The City Arborist. The area for a use permit initially had nearly 100% coverage of mixed vegetation of pines and hardwoods. Set area has been nearly completely denuded under previous permit indicating pasture and personal recreational field and additional greenhouses. Commercial use of the property requires 33 density units per acre. The requirement below will be included in the recommended conditions. That requirement says that the 4.81 acres requires 144.3 tree density units to remain on site. Planted on site a combination or both or lieu of planting the dollar amount to be determined by the City Arborist may be placed in the city tree fund. Use Permit Considerations. In the interest of the public health, safety, and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a use permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Section 64-15-52 of the zoning ordinance under use permit Regular Meeting of the Milton City Council Monday , April 22 , 2013 at 6:00 pm Page 12 of 50 considerations. Staff has reviewed said items pertaining to the subject's site and offers the following comments: Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council. The City of Milton's 2030 Comprehensive Plan recommends that the subject site be developed as agricultural, equestrian, and estate residential. The property is zoned AG-l , Agricultural, which is an appropriate zoning district within the character area. The use permit for a recreational field is permitted within the AG-l Agricultural District. Compatibility with land uses in zoning districts within the vicinity of the property for which the use permit is proposed. North ofthe subject site is zoned C-l and developed with a retail nursery. Further north, east, and south is zoned AG-l and developed with scattered single family residences. To the west of the subject site is zoned AG-l with a veterinary clinic, church , and scattered single family residences. If developed in accordance with staff's recommended conditions and the provisions to the zoning ordinance, the proposed baseball field may be compatible with land uses and zoning districts in the area. Therefore, staff recommends Approval/Conditional of U 13-01. Whether the proposed use may violate local state and/or federal statues, ordinances , or regulations governing land development. The proposed use may not violate any known local, state, and/or federal statues , ordinances, or regulations governing land development if approved with the recommended conditions . The effect of the proposed use on traffic flow, vehicular, and pedestrian along adjoining streets . The proposed use shall not create congestion along Birmingham Highway if approved based on the fact that access is derived by the commercial zoned and developed parcel to the north. The location and number of off street parking spaces. A baseball field requires 50 parking spaces . There are a total of 102 gravel parking spaces and 5 handicap parking spaces. Therefore, the site plan meets the minimum required number of parking spaces. Staff notes that a handicap parking space will be required closer to the baseball field. The amount and location of open space . The applicant's site plan indicates that almost the entire subject site within the boundary of the use permit is developed with the exception of the required buffers along the north, east, and south property lines . Protective Screening. If developed in accordance with the requirements of the zoning ordinance , the areas replanted to buffer standards may provide adequate screening to the adjacent AG-l zoned and residentially used properties. Hours and manner of operation . The applicant has indicated in the letter of intent that the baseball field will be in use only during daylight hours. Outdoor lighting. The applicant has indicated in the letter of intent that there will be no outdoor lighting or lighting of the baseball field. A condition will be included that will reflect that there shall be no lighting of the baseball field. Ingress and Egress to the property. The applicant's site plan indicates ingress and egress will by the parking lot of the adjoining C-l zoned and developed property which has an existing curb cut on Birmingham Highway. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 13 of 50 Conclusion. The proposed baseball field, if developed with staff recommendations, meets the requirements and development standards of the requested use permit. The applicant has not demonstrated the need for the requested concurrent variance to reduce the 75 foot buffer and 10 foot improvement setback to a 50 foot setback. Therefore, staff recommends Denial ofVC13-02 and Approval/Conditional of U 13-01. Staff offers the following recommended conditions for a use permit for a baseball field and building: Recommended conditions: To the owner's agreement to restrict the use of the subject property as follows: One baseball field and building at a density of 1828 gross floor area per acre zoned for a total of 8,800 square feet, whichever is less. To the owner's agreement to abide by the following: To the site plan received by the City of Milton Community Development Department on February 5, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the zoning ordinance and these conditions prior to the approval of a land disturbance permit. Unless otherwise noted here are in compliance with all conditions shall be in place prior to the issuance of the first certificate of occupancy. To the owner's agreement to the following site development considerations. Provide a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the north, east, and south property lines. Require 144.3 tree density units to remain on site, planted on site, a combination of both, or in lieu of planting a dollar amount to be determined by the City Arborist may be placed in the city tree fund. Provide a recorded cross easement between the subject property and the property to the north for pedestrian access. No outside speakers permitted on the site. No outdoor lighting, including lighting for the field, permitted on the site. No concessions permitted within the proposed 8,800 square foot building or new or temporary structures or vehicles used for concessions. Comply with all required ADA site and building requirements and other building code requirements for the baseball field and the 8,800 square foot building. Lastly, I have included in red the recommendations from the Planning Commission should this body decide to incorporate any of them and they include the following: Provide evidence that all adjacent landowners have not opposition to the deletion of the buffer and replaced with the 50 foot setback as proposed and the agreed upon landscape plan with Mr. Bates be spread on the record shown as Exhibit A. At the time the building is constructed, restrooms facilities should be constructed at that time and that the hours are operation are limited to daylight hours. And, then lastly, of course, is Mr. Bates' landscape plan Exhibit A which was mentioned in the Planning Commission's recommendations. And, that is my presentation Mr. Mayor and members ofthe council and I am happy to answer any questions. Mayor Lockwood: Okay, before I open this up, are there any questions right offthe bat right now for Mrs. Field? CouDcilmember Burt Hewitt: I've got a quick question. Mayor Lockwood: Burt. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 14 of 50 Council member Burt Hewitt: On the last slide you have, the three in red, G was the one about provide evidence from the adjacent landowners , that is if we grant the variance? Kathy Field: That is correct. That is correct. Council member Hewitt: Have you seen any of that evidence ? Robyn MacDonald: There is no written , but, there is no written evidence, no. You would have to ask the applicant. Mayor Lockwood: Okay , if there is anybody else , if not, we can we will open this up for those in fa v or of this application first. Robyn MacDonald: The first person to speak is Mr. Scott Reece. Scott Reece, 13685 Highway 9, Milton, Georgia 30004 Good evening Mr. Mayor and members of the council. I am Scott Reece doing business with Bromo Reece and Associates at 13685 Highway 9 Milton, Georgia 30004. I'm here tonight representing Mr. Luca Gianturco and his application for a special use permit to operate a baseball field. A very short history , Mr. Gianturco intended to expand his nursery business with the acquisition of the adjoining property . The intent was for AG use and the construction of a stable and riding arena for his daughters . As can sometimes happen, as his daughter's aged, priorities changed. His son became very interested in baseball so we had already started the grading process so the attempt was to change the plan for a baseball field. We did the necessary adjustments to the site plan and submitted them to the City of Milton and obtained approval. At no time was there any attempt to deceive the City of Milton as far as the intent. I guess it is a matter of semantics. Mr. Gianturco interpreted his son's baseball team being his private use. When it was explained to him that when someone else comes onto the field that is not immediate family , it kicks into a special use permit. So, it was just simply a matter of semantics. There was no attempt to deceive anyone. It is a private field with limited access. We have gone to great pains to limit the area of the special use to the smallest area that we can to preclude any expansion. It will be one field for one team . I am trying to limit my time so that Mr. Gianturco can speak. We are here to say that we accept all the conditions with the deletion of "A" which we feel is a solution looking for a problem. We have letters from the neighbors saying they are happy with the 50 foot setback. Mr. Gianturco ' s plan is for an agricultural!rurallook. This area will be grassed and fenced . There will be animals grazing in the outfield. It is not his intent to create a pine tree buffer. The neighbors are in compliance and we have documents to back that up. Also , "B" as far as the tree recompense, this is not a commercial use . It will be a private field with non-profit , I guess, aspirations. It is open fields. It is not buildings or parking lots per se. We have limited it to the very extent of just the field itself. In his agricultural use , he was well within his rights to have taken down every tree and created nothing but pasture. We went to great pains to locate the specimen trees in areas to maintain in his adjoining agricultural property . We have also saved the better trees along the property line . So , his intent is to preserve the look of a farm with animals grazing and we just have a problem w ith the concept of this as a commercial use and being held to the same standards as if we were building a Walmart with the tree Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 15 of 50 recompense. At this time, I would like to close and Mr. Gianturco would like to speak and I will be available to try to answer any questions. Thank you. Luca Gianturco, 130 Antioch Place, Canton, GA 30115 Thanks for having us. Luca Gianturco. I own Scottsdale Fanns at 15639 Binningham Highway . My intent was to create a baseball field for kids to play baseball to learn about not only baseball but learn about life. My son's coach is here, Ryan Dunn, and his dad, Mr. Dunn, to his right. But, our vision is to have a program where kids came come learn, again, not only baseball skills but life skills and with animals grazing in the area, sheep, miniature cows, things like that. So, I'm going to say something which I said at the last meeting. I don't want to ruffle any feathers but, I think I need to say it just for some clarity. When we got permission to build the baseball field, the question was never asked to me; what are you using the baseball field for? And, we weren't trying to deceive anybody. So, the plan was approved and then I got a call from Robyn during Christmas Tree season saying, "Luca, what are you using the field for?" And, I said, "Well, I know my son is going to play there but we don't exactly know how the program is going to be structured. I can tell you it is not going to be just for the family because baseball is a team sport. There will be other teams playing." And, she said, "Well, you are going to have to get a special use pennit." And, I said, "Well, I didn't know that." So, she said, "There shouldn't be too many problems" but anyway here we are. I can tell you that I've got about $110,000 to date doing the baseball field versus not doing the baseball field. Had I known that so many requirements were going to be imposed on me, I would have gotten a special use permit first but that was never asked of me. Again, I'm not trying to be critical, but it seems like that question would have been asked to me ahead of time. You got to get a special use pennit before we stamp this drawing. So, are there any questions? Robyn MacDonald: Is Mr. Dunn going to speak? Luca Gianturco: He would be happy to speak if you have questions about the baseball program, what he would like to do, he would be very happy to talk. Mayor Lockwood: It is totally up to you guys. You've got 10 minutes so you can use it as you want. You can elect to not use any more time and now we can open it up to the opposed. They will have 10 minutes and then you can always come back and use the rest of your time then. Luca Gianturco: One other thing I do have letters from the neighbors, Mr. Bates and Mr. Lawrence, saying they are okay with what we would like to do without the buffer. Ryan Dunn, 1635 Reddstone Close, Milton, GA 30004 How you guys doing? Ryan Dunn, 1635 Reddstone Close, Milton, GA 30004. At an early age , I started playing baseball. My father gave me the passion. I went through and got to playa couple of years with the Red Sox and represent the USA Team for 3 years. Coming to the community, one thing I love is teaching boys how to become men. One thing my father taught me when I was young was that, iron sharpens iron and men sharpen men, and if you can build a community of guys together that we can really feed into the next generation can really lead and so with that passion using the vehicle of baseball, while I am very naturally talented at, it was the perfect fit as far as what we looked at. So, the program Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 16 of 50 that we are looking at is really to give back to the community. To look at ways that we can bring kids and not only teach them about baseball but teach them about their mind, about their body, I serve on boards for obesity. I do a lot of things for schools. I just spoke to Cambridge High School last Friday to the FCA program. So, I am trying to give as much away and back to the community as we can as far as what we do. My father and I started a SOlCc) called One Thing, a group for men. So, we have three branches now. We currently meet at 7:00 in the morning at the Cabernet restaurant. We have 80-100 men that show up every Friday morning. It is a great thing that we are doing. We are excited for the opportunity. I thank Luca for the opportunity to open up his property to give us an area where we can not only speak to men's life but figure out how we can now take this to the kids and community and truly teach them mind, body, and soul. Physical fitness, the vehicle of baseball being the sport and have fun but what the world says and what the bible says and where the truth lies in that. So, that's the passion and where we would really like to take it. Thank you for your consideration. Scott Reece: Trying to address the pedestrian access to the property. If you will look on the site plan, the area in orange highlights the connectivity to the commercial property through an existing storm drain and that way we would not violate the commercial buffer on that property. The parking as far as the handicap space, we are not proposing any drives or parking on this special use permit. Mr. Gianturco said that he would provide access to a golf cart as far as any special needs, if a person needed access to the baseball field itself, but it is kind of hard to provide a parking space when we are not proposing a drive or a parking lot on the special use permit property. We are trying to limit the area, the acreage, in case there are any concerns as far as enlargement or, I guess, the neighborhood had its own concerns about creep as far as this growing. We have limited the area to be of special use to just the field itself. So, I tried to address any of the questions there. Thank you for your time. Mayor Lockwood: Is there any other public comment for those? Robyn MacDonald: No, there is not. Mayor Lockwood: Do we have any public comment opposed? Robyn MacDonald: No, we do not. Mayor Lockwood: I will go ahead and close the public hearing on that then if we don't have any more comments and open it up to council for questions staff to staff for the applicant. Councilmember Hewitt: Just a quick question in regards to, and I guess this is to staff and I don't see Ken here right now, but to the handicap parking. As far as having that there, how do we fit into the ADA compliance and all that. Is having the spaces at the nursery sufficient for that? Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 17 of 50 Kathy Field: My understanding is that it is not. Because it is a federal law, we are not allowed to waive it. So, he will have to meet the ADA standards and we will certainly try and work with him but there are standard requirements as part of that law that he will have to meet. Mayor Lockwood: Is that, I know there is a building on there too, is that at the time of the building and the building pennit or would it be immediately just if there is a baseball field? Robyn MacDonald: Talking to the building official, he pointed out that even without the building there would have to be meet the ADA requirement for just the accessibility to the baseball field. Mayor Lockwood: And, I guess the question is, that is really not a call that we make. Kathy Field: That is correct. That is correct. That will be part of the review of the building plans. He will have to meet ADA just like the size of bathrooms or whatever have to be incorporated in those plans. We will pick that up when we review the site and building plans. Mayor Lockwood: So, that is really not a question that the council is here to answer. Kathy Field: Yea, there is nothing you can do to waive it. It is what it is. Councilmember Kunz: I've got a couple of things. You said you do have letters from the homeowners because I was here when the very first homeowner was very adamant, he was upset that the trees were cleared and wanted to put something there in that southeast comer and I don't remember which homeowner that was but if he has letter I would love to see it because I just saw the opposite. Scott Reece: That was Mr. Bateman. I think he is listed as Mr. Bates on everything else but it is Bateman and we met with him. Luca designed a planning area and that is the Exhibit A and Mr. Bateman has initialed or signed his okay. I think Robyn has spoke with him also and he has given his verbal consent but we also have a signed letter from that and then Mr. Lawrence who owns the other 99% of the adjoining property that Mr. Gianturco does not own, we also have a letter from him. As far as the ADA compliance, we understand that, you know, the building itself will be. I know we have had some conversations with staff as far as we have not been able to or been given a distance requirement from a parking space to a ball field. I don't know why Hopewell or any other park. Is there a, I mean you have fields that are sometimes 3, 4,500 feet away from the parking lot and there is typically not a parking space adjoining every but we understand that we will have to be ADA compliant but you know we are still in some sort of flux as far as we understand the building, the bathrooms, everything there will be but as far as the proximity of a parking space and trying to get a road to it is we just have not been addressed by staff with that and I don't really know where we are going to get that direct answer. Regular Meeting of the Milton City Council Monday, Aprij 22, 2013 at 6:00 pm Page 18 of 50 Mayor Lockwood: Well, let me clarify too, I believe that is an issue that will have to be taken up when you receive a building permit and I am just going to assume that, Robyn and Kathy tell me if I am wrong, either staff is going to find or you guys are going to have to prove what you need to do federally and with the law for ADA, it's not really a call that we can make. Scott Reece: They are proposing at this time there is going to be a time drag between the operation of the field and the construction of the building. The building may be 1,2 years in the future so that's where the disconnect, I guess, is. We understand that when the building is proposed, we will go through ORB and everything, it will be ADA compliant. But, we are looking at the operation of the field itself and there will be no building permit issuance as far as that. It will be you either accepting the field or denying the field my understanding. So, that's where my question is, I guess. Mayor Lockwood: And, I would have to a look, again, to staff at that. Kathy Field: You know the construction of a field still needs to be ADA accessible regardless of there not being a structure there but the field itself still needs that accessibility and I think that is the issue. Councilmember Kunz: Yea, just a couple more things as well. I just, we are obviously going to be having baseball games going on out there, right, with multiple kids, right? How many games are we going to be having every day? Luca Gianturco: I would think during the fall and spring we might have 5 or 6 teams so ... Councilmember Kunz: So, two or three games on average depending on how many, this is obviously a program that you are building that you hope to be successful. Right? So, just to make sure, and I know you have done some coaching in the past, I have as well, you know, there are certain things on behalf of the kids that I just have to ask, you know, I coached at YFA for a lot of years and I understand that too, do you have a lighting plan? When lightning comes, what is it? Luca Gianturco: Currently not. Councilmember Kunz: Okay. You know, a medical plan for the kids. You know, obviously if they, someone gets hurt, it is a long way to get from that field all the way down in I just, do you have a plan for that, you know, do you have supplies, materials, etc. or have you thought about that, you know, it's a good question. Background checks for everybody involved, you know, have you thought about that? That should be a prerequisite with what we are doing, dealing with kids. I want to make sure you are aware you are getting into that. You know, you said this is going to be a non-profit, you hope to not charge, is that with the program and the league, you know, we recently just did a zoo where we were certain someone could not charge for that I just want to make sure you are aware that there are costs associated that if you are not going to charge we may have to put that in there. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 19 of 50 Luca Gianturco: Well, there are going to be certain expenses related to maintaining the field and the property so yea, I think we would charge teams to help cover those expenses. Councilmember Kunz: So, staff does that then make it a C-l ? Robyn MacDonald: The use permit allows there to be associated fees, I mean, we are not saying you can't have fees to run the program. Councilmember Kunz: He stated that it would be non-profit; I just wanted to make sure that we know there are going to be charges associated with that. Robyn MacDonald: Even non-profits have to charge fees for uses. Councilmember Kunz: Exactly. You know, we also have animals that are going to be in close proximity to kids swinging bats and balls and I wonder where the parents are going to sit in that situation, you know, these are questions to ask, you know, obviously we have trash receptacles as well, is there going to be food allowed, etc., you know, we are going to have animals in close proximity to food, you know, what happens in that situation. So, I'm thinking more the pro I'm not, you know, from the neighbor's standpoint, I was here when the neighbor was upset and I understand the buffer, I'm glad that you want to plant the trees as a buffer, I think that is being a good neighbor but there are other things to consider with the safety ofthe kids in a situation that, you know, I would love to see it happen, I would love to see it work, but I want to make sure you have these plans in place that are all real when it comes to things that can go wrong and have you thought about that, you know, from that standpoint because when I looked at the field, it is downslope, you don't really have a fence but other than right around the field you have animals walking around while parents are sitting on blankets watching games. Luca Gianturco: Oh no, there will be more fencing to keep the animals contained. The lightning plan is a good point. Actually, one our games recently got called because of thunder and lightning so I realize we need to have some kind of plan for that. Council member Kunz: There is usually equipment that is involved as well. If you don't mind, as well, I would like Jim Cregge, are you back there? Jim, could you step up here and just kind of tell the council from a safety precaution what we do at the Hopewell Baseball Association. Jim Cregge, Parks and Recreation Director: Yes, at the Bell Memorial Park, right now, there is a state-of-the-art lightning and detection system that serves not only the park but due to the loudness of the horns it actually is serving the surrounding subdivisions as well. In which we had to formally notify them that it was being put in. It is capable of detecting the ionization in the air and is predicting the presence of lightning coming. It has proved itself Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 20 of 50 to be extraordinarily effective in allowing us to get the people, children and all the adults, not only off the field and under a cover but get them into their cars which is the best safest opportunity. Continuing on, all of the fields have ADA parking in close proximity and also have cut through curbs to permit direct ambulance access if needed so should we have an accident, we can get someone around to the field. Councilmember Kunz: And, Ijust wanted to make sure from the kid's safety perspective. I know this is a zoning issue but an opportunity standpoint to speak about it I would just like to see if be successful. These are things I would like to see. Also, I'm sure you are aware of other coaches coming in and taking advantage of the education program. You can get licensing for training, etc. You know, if there are going to be games there, I would love for after the games all the kids go shopping at Scottsdale Farms eat there or Birmingham Crossroads I want to see it be successful but for the safety of the kids, Ijust want to make sure you are thinking of that. Rather than you wonder anything else, as the process goes on, I'm saying it now so you know what I'm thinking. Mayor Lockwood: You know, I want to address that and it would be nice if Ken were here and those are all good points but I want to make sure that we are not, you know, right now we have a use permit for a baseball field, I don't want us to get into all the details of how to operate it because then we are liable if something happens. Obviously, those are great points and I'm sure you will professionally make sure that you cover your bases, so to speak. Councilmember Longoria: Well, I was going to thank you guys for putting in the energy and the effort to make a program like that available for the youth and the city because, you know, you just can't have too many of those programs because access is everything. Also, some people may play other sports, some people are involved in Boy Scouts, certainly giving another outlet is a great thing. The question, and I would trust you guys to take care of putting together the operational procedures and rules once you guys get moving forward. I think Matt's questions are well placed but I'm sure you guys were thinking about that anyway. The question that I would have is, since this was sort of a progressively gotten more sophisticated or, you know, you started changing your thoughts about what exactly was going to happen, and there is a lag you are talking about between the development of the field, the development of the building, that kind of stuff, what other issues do you guys have in terms of maybe road blocks or difficulties that the city is unintentionally putting in your way to make progress? Luca Gianturco: I don't think there are any other roadblocks other than those first two items, A and B. Councilmember Longoria: So, if we were to go ahead and vote to give you a use permit with the restrictions that are stated, you guys are pretty comfortable with that? Robyn MacDonald: Except for deletion of B. Luca Gianturco: What about a concession stand, is it offensive to some people? Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 21 of 50 Councilmember Longoria: Well, it is funny you mentioned that because I was wondering what the problem was with the concession stand . Mayor Lockwood: I would guess it is probably looking at the definition of a concession stand is anywhere from a snack stand to a full blown restaurant. Robyn MacDonald: I think that staff was looking at the intensity of the use, I mean, we just didn't want, you know, when there is a concession stand there intends to be more intensity of use and, you know, more issues so that is up to, you know, what your will is for the property so. Councilmember Longoria: Well, it is just one ball field and it's an awful big space so I just didn't know if that was a real challenge or whatever. Councilmember Thurman: I've got a couple of questions. Number one, the concurrent variance is just to delete the 75 foot buffer and 10 foot improvement setback on the north and east property lines. Is a concurrent variance needed along another property line? Is that what I heard, on the south? Kathy Field: The south property line. Even though he owns it. .. Councilmember Thurman: Then why wasn't this part ofthe concurrent variance of this now? Is he going to have to come back before us again for another variance? Robyn MacDonald: No, you would include it in your motion so . Councilmember Thurman: Okay, so even though we can add that to it even though, because I didn't think we could make a change once it was advertised and add another concurrent variance. Robyn MacDonald: Well, it is the same variance it is just adjacent to his own property. Councilmember Thurman: Where is our, is our City Attorney here? Robyn MacDonald: He's back there with Chris. Mayor Lockwood: I have asked him to come back in. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 22 of 50 Councilmember Thurman: Okay, because I want to make sure we are doing that and I know you said you really didn't want to do the tree recompense. I believe strongly in the tree recompense. I mean, I believe that for agricultural uses is a very specific reason not to have the tree recompense and I believe that a tree recompense for any other use is necessary and it is necessary for an agriculture use unless it is maintained for a certain number of years. So, I believe that the tree recompense needs to be done . It looks like you have already been doing some of that with the property adjacent to the Batesman property so some of that would be taken care ofl'm sure with that I don't know how many additional trees and Mark Law may be able to tell us how many of those trees are included on the addendum here for the property adjacent to the Batesman property would take care, what percentage of the tree recompense but I would like that to stay in there. Mayor Lockwood: Ken, ifl could grab you for one second just while you were gone a couple of things. We are discussing some operational safety type issues with or practices which are all good points but I brought it back in that, you know, we are actually looking at this use permit not, you know, trying to enforce they run their operation or whatever. I want to make sure that's legal. They are all great things and I'm sure they fell on sound hears and will be taken but I want to make sure that we stay on course with what we are looking at. The other thing is that there is a question on ADA requirements and I am under the impression or thoughts that the council is really not making a decision on ADA requirements. That is something that legally they need to adhere to and there is some question about whether they would need to have a parking spot there and access or whether they could access from the other parking lot the ADA spots there and maybe use a golf cart or whatever. I guess my point is, is that something that is really the facts are the facts on that. They are going to have to prove to staff they are ADA compliant if which you guys, Scott, we are talking about that, you know, be a certain distance from the field or whatever and you can prove that then you bring that to staff and they sign off on it. I'm assuming that is not something that we are going back and forth on here. Ken Jarrard, City Attorney: Mr. Mayor, it is nothing that you have to go back and forth with as part of this use permit application. ADA compliance is simply something that has to be complied with irrespective of whether the council addresses it by way of this motion. Mayor Lockwood: The only reason I'mjust saying is that it doesn't seem that we have a specific answer or a specific point to put on that plan so I'd rather them, you know, work together with staff legally to make sure they get it done rather than us trying to sketch something saying you need to do this or you might have to or you might not. City Attorney Jarrard: That's true and a good argument could be made that the flexibility of working it out with the staff may make more sense. The ADA and ADA compliance is a little bit of a fluid process anyway so that might be something that would be better to have a staff negotiating point other than the council because once you all act we can't have y'all change it unless we go through the same process again of bringing this back whereas they can just interact with staff and get it right. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 23 of 50 Mayor Lockwood: And, my point is, I certainly realize that being ADA compliant is very important but that is going to have to be between their professionals and our professionals to quantify what is ADA compliant. Councilmemher Longoria: Yea, I think the council's concern is that our motion tonight is just to approve the special use permit with whatever has been given to us. We are not trying to boil the ocean and define everything that has to be worried about moving from this point forward. City Attorney Jarrard: Absolutely. You have capable and competent staff whose job it is to pick up on that stuff. Mayor Lockwood: I just would like to say that it looks like we have heard the applicant's the story and what they are trying to do and what they have done to this point and we know from our staff reports. It looks like to me the, you know, really the biggest contention is the buffer from the applicant's side. Other than that and, Robyn and Kathy, you know, from what we are looking at tonight, are those the major issues? Kathy Field: Well, the size of the buffer and then of course the applicant brought up the tree recompense issue. My thing is, the current variance in terms of whether we can modify it as it was advertised to improve the south property line. Mayor Lockwood: Okay, because the south property line is butting up to the same property owner's line. Scott Reece: If we are going to revise, we would have to revise all four sides, correct? He also owns on the Birmingham Highway side. Robyn MacDonald: That is not a 50 foot, it is a landscape strip, you are not abutting Birmingham Highway. Scott Reece: That AG property that he owns is treated differently than the AG property that he owns to the side? Robyn MacDonald: That's because your use permit legal description only encompasses that four point whatever it doesn't touch the ... oh, I'm sorry, the 50 foot south, yes. Scott Reece: We would like the variance to work all the property lines that need to be adjusted. One other thing, as far as the tree recompense, if it is, our preference is green space treat it like AG, if it is the council we would wish that it would be treated as AG property as far as the recompense not with a commercial use so it would be calculated from an AG standpoint as opposed to a commercial standpoint. Councilmember Thurman: Yea, that makes sense. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 24 of 50 Mayor Lockwood: Councilmember Lusk you go, you have been holding your hand up for a while. Councilmember Lusk: Kathy, clarify this for me then. Talking about the setbacks from the south property line and the east property line. Kathy Field: Well, the original request was for the setbacks from the north and the east and then we suggested that the south be also included as well. Now, the point has been made that maybe the west that abuts Birmingham Highway should also be included; they should also have a buffer to them. Councilmember Thurman: If the size of the actual parcel that is requesting the use permit doesn't have the 75 foot ring around it, it would make sense that it would need it on all sides. Kathy Field: Right, Robyn could you ... Robyn MacDonald: I'm sorry, I was talking to Ken. Mayor Lockwood: Yea, these two are not listening in class. Councilmember Lusk: I guess my question is too, does this setback affect the barn location. I have perfect eyesight and I can't read this. Robyn MacDonald: Only when it houses animals do we require barns to be 100 feet. Barns is loosely used. It is an accessory structure. It is just a structure. It is not a bam with animals. That is the only time we require 100 foot setback. Councilmember Lusk: Okay, so this doesn't conflict with the next item on the agenda? Robyn MacDonald: Correct. That is just a structure that they are calling a barn but it is not really a barn. Councilmember Lusk: What is the purpose of this structure? Luca Gianturco: The purpose of the barn is to have indoor baseball batting practice. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6 :00 pm Page 25 of 50 Ryan Dunn: Also for teaching where we can teach health, nutrition, and spiritual lessons. Scott Reece: It will be the storage of the maintenance equipment; the bases, the bats, all the accruements, the mowers, and all that, storage. Councilmember Lusk: So, where are these animals that you speak of? Scott Reece: If you notice the periphery on as to our topography tends to be in North Fulton there was a fair amount of grading so we have some slopes and the intent is to ring the field with a fence and then the exterior is going to be sheep, many horses, many cows, and they will maintain the green space around the field as opposed to lawrunowers and other things. That is the intent and then the surrounding AG property is going to be agriculturally used, cows, horses, but there will be a fence surrounding the field itself, the top ofthe slope and then the boundaries on the slopes will be, I don't know if you have ever been to Buford Dam where they have the goats that maintain the slope as opposed to lawrunowers, same idea, sheep, goat, something to maintain that and give it a rural, agricultural feel. Mayor Lockwood: Again, I'm trying to pull this back in. I believe, just from what I am hearing, that, you know, the majority is certainly supportive of the baseball field and the use. We are going back to really the trees and the buffer that seem to be the issue. Let me ask you a question. Because I went out there and looked at it, and I certainly understand the concern of removing trees and planting trees back, but on the flip side, you know, the rest of the property agricultural use, the look that I think a lot of us want to keep in Milton is pastures, and fences, and animals and such, not pine tree forests. I'm not saying there is anything wrong with either one, but I see the intent there I also see where the applicant has went to the neighbors and made sure that, you know, they are planting enough there. I guess, my question is and I understand AG-I you are allowed to certainly remove all the trees and have a pasture. This one particular piece were the baseball field is, is treated differently but, in reality, with this special use permit they really can't do anything else but have that baseball field. Am I correct? Unless, they come back and try to get it rezoned or whatever. And, in my opinion, if we have folks from Milton or elsewhere and they are playing baseball and looking around and seeing the pasture of animals, I think, personally that looks better than, you know, planting a bunch oftrees in that particular location. So, you know, I would be open to coming up with a win/win situation there where, you know, we could address the buffer requirements for the neighbors but also have the agricultural look that is everything around there. So, it sounds like the buffer issue and then the concurrent variance. You know, those seem to be the only two real sticklers here that we are discussing. Council member Thurman: I've got a question for our City Arborist. As far as the tree recompense, how different is it if it is a commercial property rather than an agricultural property? Mark Law, City Arborist: First of all recompense is more for specimen tree removal. This is replacement trees; you are replacing your density. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 26 of 50 Councilmember Thurman: We don't want to replace with pine trees. Mark Law: That's correct. Your replacement trees for commercial property would be 30 units per acre and that would be 144 units. Councilmember Thurman: And, how much would it be for. .. Mark Law: Agricultural? It would be 15 units per acre and that would total out to 84 units per acre. Councilmember Thurman: Well, that would make more sense. Mayor Lockwood: Could you please explain a unit? Mark Law: That is the equivalent given to the size of the tree. Like a 4 inch caliber tree would be worth .7 units; a 2 inch caliber tree would be worth .5 units. Mayor Lockwood: So, I guess what I am trying to say is that if you have 15 per acre ... Scott Reece: 300 trees ... Mark Law: If you had 84 units, let's see 84 units that would be, I thought I had that written down here somewhere ... Scott Reece: 144 would be ... Mark Law: 144 would be about 208 trees, I believe Scott Reece: A 4 inch is .6? Mark Law: Scott Reece: And a 2 inch is how much? .7 Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 27 of 50 Mark Law: .5 Scott Reece: So, if there were 2 inch trees, it would be 2 times 144? Mark Law: A 2 inch tree would be 168 2 inch trees; 4 inch trees would be 124 trees. Luca Gianturco: Before I spend a lot of money on a lot of trees, I wanted to interject something. Before we clear cut the baseball field and cut a lot of the land to the south, my son and I spent an afternoon flagging all the nice trees and I can tell you that the trees that were cut were sweet gums that were straight up and down, poplars straight up and down, they were not nice trees. We kept, and Mark you have seen that on 5 and a half acres, on the eastern side of the baseball field we've got some beautiful trees that we didn't touch, those are all nice trees. So, we took tractors rides there during our pumpkin season and I can tell you they were straight up and down sweet gum trees, did you see those? Mark Law: Yep. Luca Gianturco: So, when we graded for the greenhouses, we took a mass amount of topsoil and put it in the area on the other side of the property. We were going to do about a one acre vegetable garden. We were going to plant one entire hill of blueberry bushes, I mean lots and lots of blueberry bushes, so and we are going to plant some fruit trees, so I think we are doing some things to beautify the property. It may not meet this 144 trees or whatever it is but we are going to make it nice. Mayor Lockwood: You know, again, I will just add that I did visit the property and I can kind of see the vision to where people there that are playing baseball but they also look at a pasture with animals, they also, like you said, you showed me the hill over where the blueberries are going to be, the vegetable garden, I mean, to me, I get the feel that is a Milton look ....Lance, you haven't said much yet. Lance Large, Councilmember: Specifically to the use, just a few items, the line that is designated here between I guess the proposed shade houses and the baseball field, is that just the use line, it's not a property line? Robyn MacDonald: Correct, the acreage is just a use pennit legal description. Yes, we are not, he's not going to divide it. Councilmember Large: There's not a legal subdivide line or anything? Scott Reece: It's not going to be a change of ownership, but there has to be a legally defined legal description ... Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 28 of 50 Councilmember Large: I understand that, just for the use penn it. Scott Reece: For that and for CUV A. Councilmember Large: For what? Mayor Lockwood: Conservation. Councilmember Large: Okay, so it's not a property line. Scott Reece: No, it's not going to be, the property is not being sold ... Councilmember Large: Why is there a category for a buffer then if it is not a property line? Okay, that is my one point. Secondly, first out, I think it's nice what you are trying to do here is very admirable. Okay, I'm a big baseball guy, my son played baseball, I coached, I did all that. .. Mayor Lockwood: In Virginia ... Councilmember Large: Yea, in Virginia, yea, I've never done it in Georgia, I've spectated in Georgia . Bobby Cox did ask me to come out and give him some advice but then he retired. So, I do want to, as far as the tree recompense, again, I think maybe it is a little bit overboard. I think, maybe, what would be more appropriate would be, maybe, just along the property lines, where you do have adjoining property lines, would be to fonn some kind of buffer, just a buffer strip, not a legal buffer like 50 foot, but a buffer for planting along the property line, just to buffer the adjacent property line, sort of like what you are doing for Mr. Bates there but not to the extent of a tree recompense. Okay, you talked about planting some blueberries and those types of things to create some sort of vegetative buffer between the property lines. That's all I've got to say on that. As far as parking spaces, they did say that you would be required to have parking. My only point on that is that it is a different parceL My only suggestion would be to have some sort of easement recorded in case there was a change of ownership that would legally give the rights to have parking over on the nursery site and plus, are you going to operate this under a LLC or non-profit or something like that? Luca Gianturco: Non-profit. Councilmember Large: A non-profit, but you are going to do the 501, right, okay. So, you know that isn't a non-profit entity so you know you could do some sort of easement that actually gave actual rights to that entity for parking. Regular Meeting of the Milton City Council Monday , April 22 , 2013 at 6:00 pm Page 29 of 50 Scott Reece: It's in the staff report, I thought. Councilmember Large: Well, it said parking, it didn't say anything, I just wanted to make that comment in passing. Talk about lighting , no lighting at all , I mean wouldn't you want some sort of security lighting or something out there? Luca Gianturco: That would be nice . Councilmember Large: I understand no lighting in terms of ball field lighting, yea, I understand that, I mean that's an issue whenever you, the fields we played on in Virginia, were lit and they were near residential areas and , you know, there were folks that loved the field but there were those that didn't like it or didn't like the noise so but I would think that, you know, you might want to think about that in terms of at least allow some low level security lighting or something like that instead of saying no lighting at all. I already talked about the tree recompenses and having a buffer. Have you already cleared to the property lines now? Luca Gianturco: Pretty much , yea. Councilmember Large: So , you have already cleared the buffer? Scott Reece: There is a tree line that is maybe within 6-8 feet of the property line. Councilmember Large: But, there are already trees within that buffer? Scott Reece: There are trees on the property line. Councilmember Large: Okay, and this calculated recompense , is that taking into account the trees that are already there , still there, and the caliber of those trees? Mark Law: Yes , any tree that is on their property will count toward the density requirements and any trees planted in the buffer, to meet that buffer standard , would count towards your density requirement also. Councilmember Large: Okay , so anyway, I agree I think there should be some sort of compromise on the amount of planting that would be required, maybe try the intent, but definitely not a commercial use so those are my two cents . Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 30 of 50 Luca Gianturco: I went to Jack's house yesterday, Jack Lawrence is the one that lives to the, the property owner to the east, and Jack is fine with that property line like it is with the big hardwoods. He doesn't want a buffer. I don't want a buffer. I like looking at his pasture and his horses. So, and he signed off that he doesn't want it. Mr. Bateman wanted a few things but his house, in reality, is probably 800 feet from the comer ofthe property. You can't see his house from the comer but I agreed to put in those trees for him and he was happy with that. Councilmember Lusk: Just one question for Mark Law. I assume, the original grading permit was issued almost a year ago, I assume that you did a site survey prior to issuing that permit to establish the number of trees that would have been recompensed, is that correct? Mark Law: We did a drive through looking for specimen trees and the specimen trees had been preserved in the area that is out there right now. There weren't many specimens but that was under the use that they were going to clear it for agricultural for the animals and a place for the kids to play ball. So, being a strictly agricultural use then they had a lot more flexibility of tree removal on that. Councilmember Lusk: Correct, but you are basing this recompense calculation now on the number of specimen trees that were there a year ago . Is that correct? Mark Law: Just on the density that the property is void now. That would apply to anybody on that size of property requires so many units per acre we would be looking for the replacement of that many units. Mayor Lockwood: Clarify when you said that, and this is also to the applicant, is there, there are still some trees in some areas of the property, correct or not? Luca Gianturco: Correct, yes . Mayor Lockwood: So, those including specimen trees, do those count as units? Scott Reece: They would, well, only on the, I mean, you've got a 22 acre property but there is a 4.81 this is all memory so forgive me if my numbers are off a little bit, that is special use. So, originally when we went in we were considering the property as a whole. So, we went in as a whole property, identified the specimen trees, created a tree save area around that. This 4.81 acres was, had been timber harvested probably in the 1970's so we had first regrowth of pines and sweet gums and poplar of what, 8-12 inch caliber on average, maybe some few larger in this area. No specimen trees. The only large trees where on the periphery so that is what has been preserved; the hardwoods, I'm working from memory, there's a dozen hardwoods along that east property line and then there were some dogwoods and a couple, there's a triple trunk poplar or something and Mr. Bateman, what I am calling the Bateman comer, that Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 31 of 50 we preserved but the, for lack of a better tenn, trash trees, the sweet gums, the pines, the thinly stuff that had re-growthed after the timbering that were very densely packed in there were graded up. Mayor Lockwood: And, this is a question for Mark. Looking at the property as a whole and the 4.8 acres, say, with the special use penn it, in your opinion, Mark, is that, you may not know, you know, and that was pretty much clear cut, am I correct, so is that the 4.8 acres, is that what you are calculating your recompense or tree replacement on, 4.8? Mark Law: Yes, for that use pennit, that's right. I'm sorry, go ahead. Mayor Lockwood: And, that being said, you know, I would certainly give way some consideration, you know, ifthere were, you know, a lot of nice trees or specimen trees versus what most people would want to cut down , you know, is there consideration to be given there. Councilmember Longoria: I'm confused about why we are talking about tree density on a special use pennit specifically designed for a baseball field? You can't have tree density on a baseball field . Mayor Lockwood: No, you can, you have to ... Councilmember Longoria: I understand that, Joe, but the whole point here is that we are trying to take something that we modeled I think for something completely different and fit it on top of this. We are putting a square peg in a round hole. I think we need to give this guy some leeway on this. We seem to be dancing around the same thing and not getting to any kind of decision . Mayor Lockwood: I keep trying to pull it back to that and that was my point earlier on, you know, I would certainly like to see some leeway but, you know, the council needs to make a decision and if there's other folks that want to have something, you know, maybe it's a compromise. I'm all for, again, I picture it as an agricultural baseball field. I see people coming out there playing and looking around and see pastures and fences and the gardens and things like that. But, that's my position. Councilmember Kunz: I've been to Scottsdale Farms many times. Great place. I love the lobster bisque. I see what you are trying to do. I think it's great. I think that as far as so long as your neighbors, you know, are okay with the idea, they've signed off on that, I'm happy with that. From the tree recompense, you know, what I think we are trying to get at is do we want to have the total replacement of trees and have you be at a financial disadvantage for that. I don't know if that is necessarily the case. I think if you have ideas for something else like what the Mayor was talking about with other different bushes or things you were going to put in to beautify the area that would be fine. I don't know if there is a way in our motion if we can require that, but, if that is what their intent is that's okay but it is not a deal breaker for me. Where I sit, so long as Mr. Bateman is happy, obviously I think some people were shocked about what was going on because of the process that was going in. I think that is good, I don't think they, when I went to the Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 32 of 50 meetings, they didn't have any issue with the buffers. That was not an issue. It was just site, visual, and I'm okay with your request on the buffers from that standpoint. The rest of the council will have to say everything else but that's where I stand. Councilmember Longoria: So, just so we can prepare for a motion . I heard three different things mentioned that we need to say yea or nay about. The first one has to do with the setback or buffer area; granting the variance that has been requested. The second is granting for removing or reducing the required tree density related to the property. And, then the third thing that I heard was, and maybe I'm just putting it in there, the question of whether or not we should allow or disallow concessions. So, was there something that I missed? Was there anything else that we need to include in the motion itself? Scott Reece: Safety lighting. Council member Longoria: Do we have a definition for safety lighting? Mayor Lockwood: I'm sure on the barn building they are allowed some type of fixture on the building itself that would be ... Councilmember Lusk: One option is motion detectors works well in an agricultural area like that. It wouldn't violate the lighting requirements. Luca Gianturco: Joe, about what you were saying on your last point. I would love to recompense with blueberry bushes, fruit trees and things like that; that would actually look nice. If that is acceptable to y' all and we are going to make it look nice and if it doesn't look nice out there that is a reflection on us and Scottsdale Farms and the baseball program. And, I live about a mile and a half away so I have to look people in the face when I go to the grocery store and I want people to be happy. And, if you might consider the concession stand. I know from experience, like Bella Luna cafe, it's not a big money maker. It's really there just for people, customers. If you will consider letting us have some concessions even if it's limited to hydrate kids, you know, sometimes kids want a hotdog. We don't sell hotdogs at Bella Luna cafe. We make panini's and all that stuff. So, if you could maybe just some things like what you would have at a baseball field; that would be great. Some things that the kids might like. Councilmember Thurman: Yea, I would like to get the City Arborist's opinion on that because, I mean, to me, I don't know why he can't recompense with fruit trees and blueberry bushes and things like that. I'd rather see him plant a blueberry bush than a bunch of scraggly pines and sweet gums. So, how much flexibility do we have in that and I also don't believe that it has to be done based on the commercial standards. I think, if anything, it needs to be based on the AG-I standard for the recompense. But, what are your thoughts on allowing some fruit trees, some blueberry bushes, and things like that as far as the recompense? Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 330[50 Mark Law: I could go with the agricultural. I could go with that too. With the 15 units per acre. I think that would be acceptable out there. Fruit trees; the purpose of the replacement trees and density itself is to provide a tree canopy in the city. And, that is what we are trying to do is maintain and provide tree canopy. Fruit trees and shorter limb trees; you are not going to have the canopy, you are going to have more of anunderstory type tree or a crop or, whatever, you are just not getting the canopy replacement that you would with your typical hardwoods or some understory trees. We can be flexible with a lot of the plantings. We don't allow or we don't give credit for fruit trees, ornamental trees, anywhere in the city. If somebody wants to use them, you can add them to your landscape, looks great, but we just don't apply credit. Councilmember Thurman: If we have enough fruit trees, blueberry bushes and a big enough garden; that takes care of the concession stand. Mayor Lockwood: Well, you know, legally, you know, what can the call be. I'm assuming if the council made a motion and approved no recompense they could as long as the buffers were maintained for the property owners that they discussed; am I correct? I mean, is it up to the councilor is that something legally we need to stick with the recompense? City Attorney Jarrard: Well, I don't know if the council would have the ability to just not comply with the city's tree ordinance. Councilmember Thurman: Can we comply with it as an agricultural zoned property rather than as a commercial property in this case because I don't really think it fits in either category. Councilmember Longoria: It's AG-l now, isn't it? Councilmember Thurman: I mean, it is staying as an AG-l property so rather than recompense based on the commercial use ... Mayor Lockwood: I don't think, no, Mark said ... Councilmember Thurman: Yea, but that is what was in our packet originally was based on the commercial use. We don't need to do that, do we? City Attorney Jarrard: I'm less concerned about that issue. I think if you have selected a use categorization that you feel comfortable with that is plausible and can be defended, that's fine, but you just can't ignore it. I'm not suggesting that anybody here was ignoring it but you just can't ignore the code altogether. Regular Meeting of the Milton City Council Monday , April 22, 2013 at 6 :00 pm Page 34 of 50 Councilmember Longoria: Is there a time frame that our tree code, I apologize I'm not up to snuff on our tree code. It was a couple of years ago that we voted on it but is there some time consideration that we can put into the equation rather than having it be compliant day one, they could be compliant day 365 or 720 or something like that? City Attorney Jarrard: Councilmember Longoria, off the top of my head, I'm not sure if there is an expectation written in the ordinance as to when compliance has to be compelled. I will refer to the arborist on that. Mark Law: If it is pennitted, before the CO is released . Mayor Lockwood: Let me ask this . Is this , since the applicant owns a nursery and has lots of trees, bald and burlaped , I assume, you couldn 't just stick those over, those don 't count but , you know , would there be a way that there could be an area where the applicant plants the trees , grows them , and when they get to a certain size use them , their business sells them and replaces them kind of, you know, give you some area for your business but also may not have pennanent trees there but it 's putting pennanent trees hopefully somewhere in Milton as they sell them. Mark Law: They just have to maintain density in perpetuity so if they remove and replace, you know, their meeting that requirement. Luca Gianturco: We have an area where we are growing trees now on the side but let me just step on your shoes, put on my legal shoes, let me just ask y'all this. If everybody prefers blueberries and a big vegetable garden and fruit trees and these other trees, who is going to sue the city? Who is going to complain about that? What is the legal concern? City Attorney Jarrard: The reason there is a legal concern is because even if someone doesn't sue us, that is not the reason we make a decision we make. We make a decision because we adopt these ordinances and contend to comply to them. Mayor Lockwood: And, it wouldn 't be someone suing the city because you did it but then the next person would say, if you let him do it why don 't you let me. Councilmember Thurman: We don't want to set precedence. Luca Gianturco: In my mind, you have a board like this that is elected to make decisions , sometimes maybe they can make decisions individually , even though you don't want to do that for everybody, I know you don't want to set precedence , but if it is a unique situation, maybe it could be considered. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 35 of 50 Mayor Lockwood: I want clarification, Mr. Law, the AG-l recompense is 15 units per acre? Mark Law: That's correct. Mayor Lockwood: This is a silly question, but almost an AG-l, since you can clear cut, why is there even a classification for AG-l for recompense? Mark Law: The clear cutting, that's you can do a lot of that without having to have a tree removal permit but there is still a requirement for a density unit per acre being an agricultural, I think the exemption is a bonified agricultural use and that's where the ballpark does not come in as a bonified agricultural use. Councilmember Thurman: But, existing trees do count toward ... Mark Law: All we ask if that the density be maintained on site . Now, the question here is do we go with density on the remaining portion of the project because under the initial grading it was almost for the entire project. So, now he has the use permit coming in for the smaller section for the ball field we are allowing density for the other portion that he has on the adjacent part on his other property to apply toward ... Mayor Lockwood: I'm almost thinking though in this case you are going to have to do something like that because the property for the baseball field you can't put trees on it, you can't put trees in the outfield or in the middle so it is going to have to be ... Mark Law: That's not saying they can't, the way we usually do it, is they are still responsible for density, if they can't put them in that area they would still plant elsewhere. Mayor Lockwood: I guess my question is, how would we base the recompense? I know it is 15 units per acre but then is there anything existing out there that can they can get credit for? Mark Law: The ball field, this portion right here? I don't think there is anything out there now, is there? Luca Gianturco: Yes, the property line has those big hardwoods. There are 8 or 10 hardwoods along the property line. Councilmember Longoria: Due to the fact that there a extenuating circumstances with this piece of property since there are so many parcels that join together with common ownership but we are not trying to lump them together for the purpose of this special use permit. Can the council specify a density value that could be used in this particular case to sort of clear the confusion without worrying about setting precedence? Regular Meeting of the Milton City Council Monday, April 22 , 2013 at 6:00 pm Page 36 of 50 City Attorney Jarrard: I'm not sure, Councilmember Longoria, that I understand your question. Councilmember Longoria: What I was going to say is that we could, since there is adjoining properties that have common ownership ... City Attorney Jarrard: Right. Councilmember Longoria: But they're not all grouped together for the purposes of this special use permit, it is a very cloudy issue on what densities we're really talking about because if we focus onjust the ball field it is obvious we can't put trees on the ball field so is there a way we could call out the density in this specific case remove all doubt and let everybody know exactly what our intent was. City Attorney Jarrard: Yes, in theory, I think that is fine, would be acceptable. Mayor Lockwood: Let me go on and continue my question to Mark, and I know it is all ball park now, but you guys are talking about 8-10 hardwoods that are on the border, correct? That are on the 4.8 acres. Luca Gianturco: Yes, they are on the boundary line. Mayor Lockwood: And, if we are talking like you said AG-l is 15 units per acre so 70 something units whatever the calculation is guesstimate if you had 8 or 10 fairly large hardwoods, you know, how much credit would that give you? Mark Law: I'm not sure what size trees there are. If I remember correctly there are some sizable trees along that rear property line . Scott Reece: They are 16-20 inch. Mark Law: So, that would go on if you have ... Scott Reece: 20 inches is about 2.8. Mark Law: I think so . Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6 :00 pm Page 37 of 50 Councilmember Thurman: Between that and the magnolia trees you have already agreed to plant, I'm just wondering how much, if we are just sitting here spending a lot of time talking about... Scott Reece: I'll say we will come in with what's there and what's proposed planting, he's probably going to be in the 20 to high, 22-28 units, so we are still lacking 40 units which is a 4 inch tree .7 so we are looking at 60 trees that need to be planted or we can give the City of Milton the money, correct? Mark Law: Correct, or if you are planting around the buffer again that would apply go toward the credit too if you do the planting in the buffer or anywhere on site. Council member Lusk: Mark, you mentioned before a CO is issued that these trees have to be planted, do we, in fact, require a CO on a ball field? Mark Law: The barn . Councilmember Lusk: The barn is not going to be built according to Luca for a few years so we are talking after the completion of the barn. Mark Law: Well, typically what we do there is when they come in for the permit the building permit the land disturbance permit that is when we get the bond they get a bond and I don't think you are having to come in for a permit now, are you? Council member Thurman: No, not till ... Councilmember Lusk: But the bond is still contingent or the tree planting is still contingent on issuing a CO which you are not going to issue when the ball field is complete. Council member Thurman: No, not until the barn is complete . So, he would have probably 3-4 years to complete the tree recompense. Mayor Lockwood: I'm just wondering if there is a, I wish he could plant some smaller trees now and in possibly 3-4 years then be worth more units but, again, I'll throw out, I don't, and this is really, I don't know maybe we should because, how do you monitor staff, because, you know, like I said if you picked an area on this property where you were growing trees would benefit you but also benefit tree coverage. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6 :00 pm Page 38 of 50 Scott Reece: If I might, is there any way that the surrounding can we get an answer on the surrounding 18 acres that even though it is AG exempt from the tree ordinance and it is a bonified agricultural use there are sufficient tree units with the specimen trees and the other trees that he saved which he was completely within his rights to cut for pasture is there no way that a condition or something could be added in that the trees be accounted and kept from the surrounding property and the same ownership to meet the density requirements of an AG tree density calculation. That is what we would see. There's just, I, you know, I'm speaking out of hand I guess, I don't think the tree ordinance what the intent was on an open space or a field for an applicant who could not, I mean there is no way to meet the tree densities and do what he wants to do with the open space but he can give the City of Milton the money and I do not think that was the intent of the tree ordinance when I was here, you know, at its inception. Mayor Lockwood: You know, that question should really be posed to Mark as far as, you know, if there is some way to credit the surrounding property, the trees and you know. Mark Law: Well, the comment I have about that is that he had density out there in the first place. And, more than enough density at the buffers everything. If he had not cleared all that to the buffers and cleared all that area, density in the buffer would be no issue. But, he cleared under an agricultural, cleared all that, now we are coming back for a variance to reduce the buffer and not have to do any density units. Mayor Lockwood: I understand. Is there, and I don't know the property but, is there any part of the agricultural property that you did not clear, that you saved trees on that you could have cleared that we could put a stipulation that those have to stay. Scott Reece: Yes, we had a large site plan that was passed around if you will notice there is an area where I have located specimen trees so if you guys have a copy of the site plan accessible we show the surrounding properties adjacent to the south property line we have denoted a tree save area. This was an area of dogwoods and better trees that when Luca and his son walked out, he instructed me to create this tree save area that was totally within the AG property so this area is highlighted there. Also, there is another tree save area where we've got the 32 inch poplars, the dogwoods, the 34 inch wide oak and there are additional trees in there that don't meet the specimen tree requirements so they are not individually shown but these two tree save areas that we incorporated into the AG design that were totally beyond the requirements and he made a point of saving those trees. So, what I am asking is there any way that we can incorporate these areas that he saved the trees in instead of cutting them for pasture to meet the density requirements on the 4.8 acres. Mayor Lockwood: That was my question to Mark, you know, if he could look at it and give you credit for that. Mark Law: Some of those trees had to be saved anyway because they are specimen so we are not really getting anything out of that. But, I will tell you what, I am looking at here being that the, let me get my bearings straight, the south property line butts up to his property, the north property line butts up to almost a stream buffer, I don't think anything is going to happen up there, it's the eastern property if it Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6 :00 pm Page 39 of 50 would be, if council would be willing, I think if we could address that, focus on that eastern buffer there, I think that ... Luca Gianturco: That is the property that Jack owns and he doesn't want a buffer. Scott Reece: He's raising horses and horses like grass and trees ... Mark Law: What, in here? Scott Reece: This property line, this is an equestrian used property. I mean it's pasture. Mayor Lockwood: I guess what I go back to if under AG-l if he can, whatever the total amount of acreage is 18 acres or whatever, if wanted to legally clear cut that totally, is there some of it they did not clear cut that we could stipulate and say, you know, these trees in this corner can't count because you could, I'm assuming, can you take specimen trees down on AG-l ? Mark Law: No. Mayor Lockwood: No, okay, so are there other trees that are left that you could count as part of the density? Mark Law: Yes . Right, there are some trees on the southern property by the, I don't know how we can protect those in perpetuity if that property can be sold. Mayor Lockwood: Yea, I understand that. Mark Law: But, I think, we can go with the density that is in that area that Mr. Reece mentioned the specimen trees. Mayor Lockwood: I think the intent is to probably work within, you know, I know it is a little grey, but you know, within our tree ordinance to the intent, obviously we want trees, but also with the use of the baseball field which you can't have trees on, the rest of it agricultural and also the expense and cost of, you know, adding a whole bunch of trees. Mark Law: Well, let me make one other suggestion. How about if it is acceptable that the landscape strip be approved, that you were talking to Mr. Bateman about, beefing that area up instead of but not with fruit trees or blueberries more of your native plantings. So, we are looking at this and just kind of Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 40 of 50 renaturalize that area make it a little more congruent with what is out there and what was out there. So, we are looking at this area right back in here . Luca Gianturco: Ryan may buy his property and he is going to want to cut all that down. Ryan Dunn: If he wants to sell the property , one of his concerns was that someone would not want to look at that baseball field so we are in negotiations right now to look at buying it. Mayor Lockwood: Well, we're trying, and you know, that is a good point that, you know , maybe beef that up a little, maybe if Mark you are able to count some of the other trees that were on the AG-l property and, you know, when it gets down to where between that and the plantings in the gardens and all that you come up with something that's real close . Is that feasible ? Mark Law: Well, she's showing you landscaping here anyway. I'm talking about with acceptable trees . Scott Reece: That is going to be magnolias. That is not going to be the fruit trees or the blueberries. Mark Law: Would be a mix, magnolias, hardwoods, understory, to give it a natural look. Scott Reece: There was a tree planting guide that was given to ... Mayor Lockwood: I think what Mark is saying, your saying , include what they have shown but beef that up a little bit? I don 't know if that counts . Does that count, that would count , correct? Mark Law: Yea, we can give that. Instead of beefing up, mainly just go with the approved plant selection. Mayor Lockwood: So, that would give them credit and then looking, like I say, you've got to reach a little bit, but look and see what else is on the property ... Scott Reece: The adjoining property. Mayor Lockwood: Yea , the 18 acres, whatever. We know the baseball field can't have trees on it. And, you know , come up with a win win where, Bill, you 've got a question . Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6 :00 pm Page 41 of 50 Councilmember Lusk: Let's go back to the original grading permit. If that was, ifhe was grading that property or clear cutting it and according to his rights under AG-l ownership, what was your requirement at that time when you issued that permit? Mark Law: Density requirements . Specimen trees and density and he met all that. Councilmember Lusk: And he met it? Mark Law: Yes. Councilmember Lusk: It's back right now? Mark Law: That is when it was the entire all three parcels so he has sectioned it out now and taken a small section out for the commercial use. Councilmember Lusk: How about ifhe legally went in and incorporated those three parcels into one parcel ? Mark Law: That would be a whole different issue there. It would work. If this were all one parcel. Luca Gianturco: That's a good idea but under CUVA all 18 acres and with the baseball field now, what I've got to do is I've got to take that out of CUV A so I basically have three CUV A and I've got to reapply for CUV A on the bounds of the acreage so they are not going to allow me to keep the baseball field on the same track and keep it under CUVA so I am going to have to pay higher property tax on the baseball field portion and pay about $18,000 back in property taxes as a penalty. Scott Reece: It doesn't work. We 've tried that agreeing he signed up in your increments not to develop the rest of the property. So, you know, his intent some of those of us who grew up here our intent is to maintain the look and the atmosphere that we grew up in which was fields and farms but I understand you guys . I'm just trying to see if there is any way we can condition it to get it to the point. Mayor Lockwood: Let 's go back to the last conversation that we had with if Mark can count the whole 18, not the whole 18 , but part of the 18 acres that you didn 't clear if there are trees that they could have removed but didn 't, you know, again I know you can't tree count off the top of your head or just look at the plan but give credit for that, give some credit for the buffer that you are talking about planting adjacent to the property owners . I'm trying to think, you know, maybe this will come up to where it is a moot point, you might have to plant two trees or something. I don't know. I'm asking for an educated guess now, Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 42 of 50 you know, is that between our professional staff and your engineer, you know, is that a likely scenario or not? Mark Law: I think so, again, like I said just that area that he has shown to landscape if we can just all come to an agreement on the plant species and I believe we can do that. I can be flexible. I think we can come to a mutual agreement there. Scott Reece: As having to prepare tree replacement plans the planting of 2 and 4 inch trees and when you get credits of .5 and .6 when we are talking in numbers of 85 units, 143 units, the nwnber of trees when you start talking and hundreds of replanted trees it becomes economically burdensome and onerous to where it is not a doable project if he's got to plant 80-150 trees if there is no way that we can incorporate these trees on the adjacent property. Chris Lagerbloom, City Manager: Mr. Mayor, you know, I have sat here and I am going to weigh in quickly because I want to put the staff at a decent place at the end of tonight wherever we end up. If we are going to consider that type of condition, the best I can hope for tonight is that any motion that would be made would be ambiguous at best because we are asking for a condition to be evaluated that we don't know , the applicant doesn't know. You know, we are here today because they are seeking a use pennit and that is not an entitlement. That is something that you can grant if you want. And, there are conditions that neither staff nor you as a council has created that has put the applicant in the condition that they are in today seeking this use pennit. So, you know, if there is some movement trying to figure out how we make a recompense situation work on an adjacent property, I would think that at the very least tonight, I would ask that you push this out a month so we can actually do that work and come back to you with a recorrunendation. I don't know if you were to make a motion tonight to go ask the staff to count trees on 18 acres, I don 't know how we do that and I don't know that we would feel comfortable issuing a go ahead green light because we don't know what exists out there and if you want to give us some guidance and point us in the direction and have us go do that work and come back a month from now, I would feel better with that than having you trying to craft a motion around an ambiguous concept because I am not going to know how to enforce that. Mayor Lockwood: That makes sense. Again , that's why I was asking staff and their engineer just an educated guess if it could happen but I certainly agree with that. I would look to the applicant if you guys think that makes sense if there's a chance that would work, it may be worthwhile for you to defer for 30 days or if you don 't have that much time or whatever, you know, you may want us to make the decision tonight and we may have to specify some recompense or something that the council is comfortable with. You know, if both sides , the staff in your professional opinion is looking at what you've got on the plans you 've got now that is probably not going to make sense let's not spend 30 days even going to do that you might want to speak up or, again, I am open to whatever council thinks . Chris has got a good point but , in general , I don't like to defer things if it is just deferring the same decision 30 days from now and taking time from you guys. Councilmember Longoria: I would defer if we could consider the special situation that exists in this particular case where pieces of property with corrunon ownership can't be joined together because of the real issues. The CUV A thing Regular Meeting of the Milton City Council Monday, April22, 2013 at 6:00 pm Page 43 of 50 is preventing him from including all this property as one big piece and if it was one big piece, he would be in compliance right now. So, I think we need to give special consideration to that so if we can figure out a way to make that happen? Mayor Lockwood: I agree, but we have to keep in mind that is a self-imposed, the CUV A thing is a benefit, you know, there is a big savings there too. Council member Lusk: I promote deferring this and researching our ordinance to see what we can make work. Certainly, we don't want to sit here tonight and come up with some decision that is in violation of our own tree ordinance. Councilmember Thurman: Especially, not when we are celebrating National Arbor Day. Mayor Lockwood: As a property owner, the applicant feel free to weigh in and if you will agree to defer for 30 days and try to work something out, that's fine but if that puts you on a time constraint and date wise I don't know, that may mess you up and you may not want to do that. Luca Gianturco: I would be fine not having to put on a jacket and kakis again but if Mark and I can just agree on that area beefing up the buffer and you come up with a fair number of trees based on your calculations I'm fine with that area it's about 100 feet something like that. Mayor Lockwood: Keep in mind if we do that basically you are committing to working with Mark to where Mark feels comfortable as a staff member giving the recommendation, am I correct, that it is up to Mark to make sure the intent he feels comfortable with the intent of the tree ordinance and what not, it is I guess that would leave it up to you come back and say I count these and these and these but you still need to plant 20 or 30 or 10 or whatever, am I correct? City Manager Lagerbloom: The only problem I have with staff interpreting the spirit of an ordinance. We don't interpret the spirit of it, we interpret the ordinance. It is the council's job if there is a deviation from that to give it an alternate interpretation. So, I don't know that I am comfortable with a recommendation to allow staff to interpret the spirit of an ordinance and make an agreement. That is where I get a little bit. .. Mayor Lockwood: And, I guess I'm not thinking, I'm thinking staff actually has to, staff has to look go out there, look at the trees on the rest of the property, do a calculation, do a calculation of the buffer and then make your report that either you meet it or you've got to add trees, am I correct? Is that what that? That's kind of black and white, am I wrong? City Manager Lagerbloom: As long as there is a formula based upon something that black and white that we can make a determination yes or no but if you are going to make the use permit contingent upon that if it is no then Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 44 of 50 the use permit is not issued until that no becomes a yes. So, there would have to be some kind of contingency in there. City Attorney Jarrard: Mr. Mayor, let me offer something that may help the council on this. As I understand it, one of the elements of relief to that pertains to the 50 foot setback along the north and east property lines and also needs to implicate the southern property line. The southern property line of that particular component was not advertised and so, my position is, if it was not advertised it has to be advertised because we advertised with that much specificity, we said the north and east property line, if you want to include that southern property line in there, we need to run another legal ad under the Zoning Procedures Act. Mayor Lockwood: To clarify, is that southern property line is that actually your property on both sides? Luca Gianturco: Yes, five and a half acres. Mayor Lockwood: But, in order to not have a buffer there, or a planted buffer, legally, you are saying, it needs to be advertised. City Attorney Jarrard: That's right. The legal advertisement has to be correct. Councilmember Thurman: Why not to the west. .. City Attorney Jarrard: That is not a separate tax parcel. Councilmember Thurman: Okay. Luca Gianturco: I think the southern property line is the buffer for Mr. Batesman . Councilmember Thurman: But, it is still a 50 foot not a 75 foot one. Luca Gianturco: But, the tree save area on the other portion of it. .. Robyn MacDonald: But, that's not your property. That is not in the legal description of the use permit. Councilmember Thurman: It sounds like we are going to need to defer, regardless. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 45 of 50 Mayor Lockwood: Well, the only other, you're saying legally, if we were to make a decision tonight, they would have to on the southern property line even though he owns both sides, he would have to do the full planted buffer. City Attorney Jarrard: That's correct, because obviously that other parcel could be sold ... Councilmember Thurman: And, it would have to be a 75 foot one which would not be in conformance with the plan that we have before us. City Attorney Jarrard: Correct. Mayor Lockwood: I don't know if you guys heard that. What our city attorney is saying is that because legally the south property line was not advertised as the possibility of eliminating that buffer, that legally if we make a decision tonight we would have to include that buffer being put on the south property line and it needs to be advertised correctly. I mean, and again, I'm all for, I don't want to put on kakis and come here either just to spend time and I certainly respect you and your professional staffs time. But, hearing that you many want to get that correct. City Attorney Jarrard: The council can go forward tonight, they just need to go forward with what was advertised and if they want complete relief, then they would need to have that legal ad run. Councilmember Lusk: So, are you saying that we could not approve the site plan as presented because of the issue on the south property line? Scott Reece: We need to defer. Mayor Lockwood: Hopefully, we can advertise that ifit is what you want to do and ... Scott Reece: And, I'll meet with Mark and see if we can ... Mayor Lockwood: Ifwe can productively, ifit can be cut and dry and we won't have to spend a whole lot of time. I think you see the intent of the council what I am reading is we want to work with you but we need to meet the letter of the law also so it may be productive time ... Scott Reece: We will work up a written tree survey where we go out and specifically identify trees on the adjoining piece and see if we can meet the AG, it's not recompense, but tree density requirements. Regular Meeting of the Milton City Council Monday , April 22 , 2013 at 6 :00 pm Page 46 of 50 Mayor Lockwood: And, that gives our staff some time too. Scott Reece: Okay, so Mark and I have worked together on several projects so we will see if we can't get something semantically and legally palatable. Thank you very much. City Manager Lagerbloom: I do have one question while you are debating this motion, if we are going to do productive work in the next month; we are going to have to come back with recommendations to deal with a little more than trees . So, I am kind of wanting to gauge some sense of whether or not we come back with a recommendation for or against lighting, or for or against concession stands. Mayor Lockwood: I am going to throw out my thoughts and see what the council says. I would say no to lighting, and I would say on the concession stand, I understand maybe we limit to something where you have the ability to serve drinks and snacks and candy and whatnot and if one of the parents or you guys want to put a gas grill out there and grill hotdogs or whatever but just not a commercial kitchen or a production type concession stand . Does that make sense? Councilmember Thurman: I'll second that. Mayor Lockwood: I would like to make a comment before we vote to our applicant and staff, I appreciate all the time and effort we have all spent prior to this and now I really hate that we are not able to make a decision but I think that this is a case where ultimately for the city and the applicant, 30 days will be beneficial so I appreciate everybody on that. Motion and Vote: Councilmember Large moved to defer Agenda Item No. 13-089 until the May 20 th Council Meeting. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Council member Hewitt was absent from the meeting . Agenda Item No. 13-090 was moved by motion and vote to theflrst item under the Zoning Agenda. 3. Consideration of T13-01 -AT&T and American Towers, LLC and AT&T Mobility Corporation , 14295 Birmingham Highway, Ellen Smith for a new 140 foot tall (145 foot including screening tree branches) and related antennas and equipment wireless telecommunications facility designed as a tree. (Agenda Item No. 13-090) (First Presentation at AprilS, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 47 of 50 Chris Lagerbloom, City Manager: I can state, I guess Mayor, for the record that Ms. Smith is here. AT&T and American Towers with respect to this zoning item is requesting withdrawal. If you want a staff report, we are happy to give it. If you would like to hear from Ms. Smith who is in the audience, you can hear from her officially as well. Mayor Lockwood: Okay. Is there a ..... would anybody on the council like any more information or have questions for Ms. Smith? If not, then we will open this up for a motion. Is there any public comment on that? Robyn MacDonald, Principal Planner: No. Mayor Lockwood: I just want to add one thing before we vote. I want to thank Ms. Smith and AT&T for working with both the city and the citizens for their concerns and looking for viable alternatives. Thank you very much. Motion and Vote: Councilmember Lusk moved to approve the withdrawal of Agenda Item No. 13-090. Councilmember Kunz seconded the motion . The motion passed unanimously (7-0). 4. Consideration of RZ13-08 -To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 -Barns or Riding Areas. (Agenda Item No. 13-091) ORDlt~ANCE NO. 13-04-170 (First Presentation at AprilS, 2013 Regular Council Meeting) (Discussed at April1S, 2013 Council Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director: Yes, Mr. Mayor, these amendments were discussed at the work session last week. And, essentially, the first text amendment RZ13-08 is a new use permit for barns or riding areas. As you know, you approved the location of barns at the March 19 th meeting and we did allow for certain situations there may be situations where a use permit would be required and so this sets the standards for those use permits for the barns and the riding areas. And, then related to that RZ13-09 which is the next item, clarifies definitions that are mentioned in the use permit as they relate to barns and riding areas in terms of defining what they are. I know there was an issue that came up or a question came up at the last meeting about whether or not the horse council had weighed in on this and we have reviewed both of these amendments with the horse council and they are satisfied with them. CounciJmember Lusk: Any other revisions since the work session last week? Kathleen Field: No. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6 :00 pm Page 48 of 50 Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-09l. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting . 5. Consideration of RZ13-09 -To Amend Chapter 64, Zoning Ordinance, Article I, In General , Sec . 64-1 Definitions as it pertains to Barns and Riding Areas . (Agenda Item No. 13-092) ORDINANCE NO. 13-04-171 (First Presentation at April 8, 2013 Regular Council Meeting) (Discussed at April 15, 2013 Council Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director: And , as I mentioned, these are definitions needed to further clarify the new use permit that you just approved. Motion and Vote: Councilmember Large moved to approve Agenda Item No. 13-092. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Council member Hewitt was absent from the meeting. UNFINISHED BUSINESS 1. Consideration of an Ordinance to Adopt Amendments to the Fiscal 2013 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures , Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 13-088) ORDINANCE NO. 13-04-168 (First Presentation at April 8, 2013 Regular Council Meeting) (Discussed at April 15, 2013 Council Work Session) (Public Hearing Heard on April 22, 2013) (Stacey Inglis , Assistant City Manager) Stacey Inglis, Assistant City Manager: Revenue Appropriation will increase by $393,416.00. Expenditure Appropriation will increase by $1,276,282.00 . This is a difference of$882,866.00 which will come out of the Fund Balance. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No . 13-088. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 49 of 50 NEW BUSINESS l. Consideration ofa Conflict Waiver Regarding Jarrard & Davis, LLP's Representation of the City of Milton in Relation to Brooks Land, Inc., Debtor /Jordan Lubin, Movant, v. Forsyth County, Georgia, Forsyth Tax Commissioner, City of Milton, Georgia, PNC Bank, N.A. (Agenda Item No. 13-104) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: This involves Brooks Land who was the original developer of the Manor Subdivision. A lot of the land area in this subdivision is in Milton but the sewer plant that actually services the subdivision is in Forsyth County. In addition, there is the Manor North which is in Cherokee County. Brooks Land is now in bankruptcy and Forsyth County and Milton are named parties on the bankruptcy pleadings. The bankruptcy trustee is trying to sell off all of Brooks Land assets and trying to develop some of the additional phases of that subdivision. I am requesting a conflict waiver from you. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-104 . Councilmember Thunnan seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS EXECUTIVE SESSION (None) Regular Meeting of the Milton City Council Monday, April 22, 2013 at 6:00 pm Page 50 of 50 ADJOURNMENT (Agenda Item No. 13-105) Motion and Vote: Councilmember Large moved to adjourn the Regular Meeting at 9:20 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. After no further discussion the Regular Council Meeting adjourned at 9:20 p .m. Date Approved: May 6, 2013. Sudie AM Gordon, City Clerk