Loading...
HomeMy WebLinkAboutMinutes CC - 07/01/2013 - MINS 07 01 13 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 1 of 12 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 summaryform. 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 July 1, 2013 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for City of Milton Police and Fire. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Kunz, Councilmember Large, Councilmember Thurman, Councilmember Lusk, Councilmember Hewitt, and Councilmember Longoria. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-156) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss litigation and land acquisition. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). 1 Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 2 of 12 PUBLIC COMMENT (None) CONSENT AGENDA 1. Approval of the June 17, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-157) (Sudie Gordon, City Clerk) 2. Approval of a Construction Services Agreement Between the City of Milton and Tri Scapes, Inc. for Darby Road Culvert Replacement. (Agenda Item No. 13-158) (Carter Lucas, Public Works Director) Approval of a Construction Services Agreement Between the City of Milton and Tri Scapes, Inc. for the Installation of a Vehicle Gate and a Pervious Driveway at Friendship Community Park. (Agenda Item No. 13-159) (Jim Cregge, Parks & Recreation Director) 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 MDA Firefighter Appreciation. (Presented by Mayor Joe Lockwood) FIRST PRESENTATION 1. Consideration of RZ13-14 —13175 Hopewell Road, Duke Land Group, LLC, to Rezone from AG -1 (Agricultural) to R-3 (Residential) to Develop 11 Single Family Lots on 9.04 Acres. (Agenda Item No. 13-160) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations, to Provide for Enforcement of Certain Applicable Codes Relative to the Safe Use of Real Property in Accordance with Georgia Law; to Repeal any Conflicting Provisions; and for Other Purposes. (Agenda Item No. 13-161) (Ken Jarrard, City Attorney) 1 1 Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 3 of 12 3. An Ordinance To Amend Chapter 54, Telecommunications Sections 54-3, 54-5(A), 54-6(f), 54- 7(a)(1), and 54-7(a)(2) to Include the Definition of "Modification(s)", to Revise Maximum Telecommunication Tower Heights, and to Provide for an Expedited Variance Process. (Agenda Item No. 13-162) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) ZONING AGENDA (None) UNFINISHED BUSINESS 1. HD13-01— Consideration of an Ordinance for Historic Designation of the Property Located at 15690 Hopewell Road (The Hopewell House). (Agenda Item No. 13-152) ORDINANCE NO. 13-07-178 (Joint Public Hearing by Historic Preservation Commission and City Council held on May 20, 2013) (First Presentation at the June 17, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director: We are asking for your approval to designate the Hopewell House as a Historic Designation. The Hopewell House is located at the intersection of Hopewell Road and Birmingham Road. The site contains 2.50 acres and is currently zoned AG -1 and C-1. It is developed with one existing house and several out buildings. The house was constructed in the early to mid 1840's. In terms of the contributing elements of the structure, the double pen house, exterior parson's rooms and front porch are all thought to be original to the house. The dogtrot breezeway and enclosed kitchen structure was probably added in the 1960's. The non-contributing elements include the second story, the rear porch and master bedroom, and the metal roof. The history of the designation process includes the recommendation for approval by the Georgia Department of Natural Resources on March 7, 2013 and subsequently recommended for approval by the City of Milton's Historic Preservation Commission on May 20, 2013. Councilmember Thurman: The map we have shows the front parcel, not highlighted in red, as zoned C-1. Will that be part of the historic designation? Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 4 of 12 Kathy Field: Yes, the entire site, including the C-1 area. Councilmember Kunz: If we approve the historic designation tonight, by law, can that be undone by council vote? City Attorney Jarrard: My initial thought is that it could be based on the fact that what the council can give; the council can take away. However, I don't think we would have the authority to undo any state funding that we receive for this designation. Councilmember Kunz: So, if we pass this tonight, we are approving a state regulated entity so, therefore, the likelihood of this decision being undone is very remote. City Attorney Jarrard: Yes, it is very unlikely we could undo something that is state regulated. Kathy Field: Part of our intent of moving it through the historic designation process is to then take it to the next step which is to nominate it for the National Register. Nominating it locally as an historic structure is the first step of that process. City Attorney Jarrard: That would be very difficult to undo. Councilmember Kunz: This is an economic question; not just an historical designation question. I am the only lone voice in the wilderness on this. The reality is that we are going to create legislation on a piece of property that the city owns and ultimately is going to be a $1.2 million investment for the taxpayers of the city. If we put historic designation and legislation on this piece of property, we immediately eliminate any kind of demand for that property which creates a depreciating asset. I know we paid $250,000 for the house and we are planning to put another $900,000 in it. Then, if we put this legislation on it, we will never be able to sell it. This is essentially where the rubber meets the road. There is no going back. If we are going to have a piece of property that is owned by the city taxpayers, by the city, for $1.2 million and the highest per capita usage ratio that we are going to have for anything we are doing; it just doesn't make sense to me. Nor, does it make sense to the seniors that live in my district, which is where I am. Those are the seniors that I talk to. Those that live up there, the one question they ask specifically whenever I go to the Hopewell Baptist Church is, why does the city own this piece of property? I don't think the city should be responsible for owning a historically designated piece of property. I would rather a foundation own it. I would rather another group take advantage of that, but if we are going to have this thing and pass it through, right now, this is where the rubber meets the road. It doesn't make fiscal sense to me at $1.2 million which is ultimately going to be the end project which is what we are talking about. If we are talking about Meals on Wheels, that is another issue. We can do that somewhere else, at the Christ Community Church with the partnership we are talking about right now. We can look at less expensive places to run that. If we go ahead and make this a historical designation, Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 5 of 12 then we are going into a process where the city owns property that we depreciate to the taxpayers and it doesn't make sense to me. Councilmember Longoria: I'm not sure I get the tie in between something being historical and somebody other than the city owning the property. I think there are plenty of examples nationwide of historical properties being owned by private citizens. The whole idea of us designating something as historical somehow depletes the value or takes it off the market or makes it less attractive. For something like that, I think that is a leap of faith that is unwarranted in this particular case. Councilmember Thurman: We are not getting ready to spend $900,000 on this piece of property, are we? Mayor Lockwood: Oh my goodness, no. Councilmember Kunz: Are we going to renovate it or not? Mayor Lockwood: I don't know where that number came from. City Manager Lagerbloom: I have not seen a number that high. Councilmember Thurman: I remember a discussion where it would be no more than $600,000. City Manager Lagerbloom: What is budgeted, I believe, is $700,000 was the first cost estimate we got. I believe everything since then has come in at a lower number. Carter, correct me if I am wrong. Carter Lucas, Public Works Director: Yea, it is going to be about that. Councilmember Thurman: If it went to a private foundation, we wouldn't be collecting any taxes on it anyway because private foundations wouldn't be paying City of Milton taxes. City Manager Lagerbloom: Depending on their designation. Councilmember Thurman: If they are a 501(c) 3, 4 or whatever they would not be paying any tax. So, it would be off of our income producing property whether or not the city owns it or another entity. Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 6 of 12 City Attorney Jarrard: It being declared historic has nothing to do with its taxability. It is simply a city owned piece of property like every park in the city so that is not the issue. Councilmember Thurman: He mentioned getting a private foundation to own it, well, that would also get it off our revenue sources. City Attorney Jarrard: Likely, to the City Manager's point, it depends on their tax designation with the federal government. Councilmember Thurman: Most private foundations, their whole purpose is to be tax exempt. City Attorney Jarrard: I understand. Councilmember Lusk: I don't believe the fact that it is designated as historic, nor the fact that the city owns it, precludes the city from selling it at a future date and still maintaining its historic designation. Councilmember Kunz: At a much lower value. Councilmember Longoria: Why? Councilmember Kunz: If you put any historical designation price on something that is an asset, it immediately eliminates demand and lowers the price. Councilmember Longoria: So, are you saying that George Washington's house is worth less because he lived in it? Councilmember Kunz: This house is not George Washington's house. Mayor Lockwood: To Matt's point, sometimes that can limit what you can do with a property. We have all heard that some folks are not happy that we spent money on that house. There are always going to be people out there that no matter what you buy, they are not going to be happy with it. So, sometimes as a governing body, we have to make decisions that ultimately are in the best interest of our city and that doesn't always mean financial. By designating it historic and by purchasing this and preserving it for our citizens, we are saving something that can't be replaced. To your point, you could argue that it may drop the value but the other value for our citizens and our city, the historical value, you have to weigh that. Everyone has a different opinion. Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 7 of 12 Councilmember Thurman: Is there a reason we need to include the C-1 section that is not historic or is it better off just to include the parcel that is the actual property where the house is located. City Manager Lagerbloom: I guess you could do either or. The reality is that intersection, the construction plans for its future are being formulated, and the bulk of that C-1 property is going to be used in that construction project. Councilmember Thurman: It may be part of the roundabout. City Manager Lagerbloom: That is correct. Councilmember Kunz: I don't want to say, "no" just for the sake of saying, "no". If there is a solution that can be offered here would it be one where we would just wait. I would rather there be a Milton Historical Society like there is in Alpharetta or some combination. If you look at the Margaret Mitchell House, it is not owned by the City of Atlanta. They have foundations who own that. I think they can run it better. I don't think we should be wasting resources on this particular piece of property. Is it a historical piece of property? I have been there. I like it. It looks good. I can see it being historical from that perspective; I just don't think that the city should own it. When we go about doing this, if we were to ever sell this property, we wouldn't get anything for it. If we have to pour more money into it, I think it will be a drain on us twenty years from now. Would some other organization take better care of it? Potentially, there is just not an entity in existence to do that right now. I think rushing into this, this is where the rubber meets the road, and if we do this and we fix up the property, basically on a per capita basis, I don't think we are going to get the use out of it that we think we will. I think that we will not be showing prudence when it comes to taxpayer dollars. I am the lone voice in the wilderness on this but someone has to say it so, good luck. Councilmember Lusk: Throughout this whole discussion for the past two or three years, I have made the analogy with the Mansell House in the fact that it is owned by the City of Alpharetta. It is managed by the Alpharetta Historic Society but it is used as an events facility and it is revenue producing. So, it is not a drain on the City of Alpharetta. I see the same use for the Hopewell House not only for Senior Services but for other events, wedding receptions, meetings, etc. Being on the Alpharetta Historic Society Board, I know where the numbers lie and it is revenue producing. Councilmember Longoria: I just have to believe that we are mixing our thoughts on what it is that we are trying to vote on right now. Right now, we are trying to vote and support the idea that this structure is historical or it's not. It has nothing to do with what the intended use of the property is. It has nothing to do with whether or not we are going to spend $600,000 on it. It has nothing to do with any of that. If you believe the structure is historic, vote "yes". If you don't believe that it is historic, vote "no". But, don't pretend that it is not historic because it is going to cost us $600,000. And, don't pretend that it is historic if it is going to generate revenue through wedding receptions. I don't see where those two things come together. Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 8 of 12 Councilmember Kunz: There is a consequence for making this type of decision. This just happens. It always does as part of an economic process. Councilmember Longoria: If you have some hard facts to back that up with, Matt, I would be willing to believe you. You have nothing except anecdote. Councilmember Kunz: I have information from the Hoover Institute at Stanford University. Councilmember Longoria: So, why don't you share that data with us? Councilmember Kunz: Because I figured I didn't have to. If you would like for me to do it, I will be glad to but those things are there. It is historically the way things work. It is just the causes of depreciated assets. That is all. If you build a park, it is a depreciated asset from that standpoint because you make the changes there too but you have a lot more use out of it. That's it. The reality is that is the way things work when it comes to economics. Councilmember Longoria: The ordinance we are voting on has nothing to do with what the intended use of the property is. It has to do with the designation and supporting idea that this place is historic. I think it is hard to get around that. Councilmember Thurman: Although I have at times not been in favor of us spending the amount of money that we have talked about spending on the Hopewell House, I do believe it is a true asset of the city and I believe the only way we will ever be able to make sure it is preserved, whether or not we own it or somebody else owns it down the road, is to have it designated historic. For me, I am looking at this as, yes, I want the house preserved. I think the only way to do that is to designate it historic. When the discussion occurs about whether we are going to spend $600,000, $700,000, $800,000, or $900,000 that may be a whole different question we will have to discuss. Whether or not we can get away with spending $300,000 or $400,000 and still achieve the purpose we want to achieve is another discussion. I believe the only way we are going to make sure that the house, which is an asset for the city, continues to be an asset for the city regardless of who owns it, is by designating it historic. Mayor Lockwood: We are voting tonight on whether or not to designate this property as historic. Regardless of how the property will be renovated, maintained, and used in the future, the decision tonight is whether or not we think it is worth a historic designation based on the history of the house dating back to the 1800's. It is certainly one of the, if not the oldest, piece of property in the City of Milton and we are being asked tonight to preserve its heritage. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-152. Councilmember Large seconded the motion. The motion passed (6-1). Councilmember Kunz was in opposition. Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 9 of 12 NEW BUSINESS Ratification of Modifications to the Milton Strategic Plan 2012-2015 Clarifying Key Stakeholders. (Agenda Item No. 13-163) RESOLUTION NO. 13-07-263 (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager: The modifications that you see tonight simply clarify a few things that I thought were very critical and specific during the discussions we had earlier in the year at our Staff and Council Retreat. The specific clarifications are in regard to the Key Stakeholders which we discussed changing from, "families, including youth" to "residential community." We also discussed changing the wording from "equestrian community" to "rural landowners." Those changes have been made throughout the Strategic Plan. We have also changed the names that are attached to various projects to ensure that the champion of the project is correctly recognized. Councilmember Longoria: I would like to suggest that we update the Strategic Plan to include the names of the current councilmembers. Chris Lagerbloom: I will make a note of that change as well. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-163. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS Mayor Lockwood: I enjoyed being with everyone in Savannah at the GMA conference. I think we all had a good time and learned a lot. Councilmember Thurman: There will be a community gathering, "It Takes A Village — Milton Style" at the Crabapple Government Center tomorrow night at 7:00 p.m. to come together as a community to see what we can do to help our young people. There have been four suicides in the past year and we are coming together as a community to support each other and try to help resolve the issues that are leading our young people to make this decision. Councilmember Lusk: I met with Chris Owens from the Alpharetta City Council to discuss the possibility of connecting to their Greenway in the future. Chris told me that they have applied for a grant and some funding to extend their Greenway toward the Forsyth County line. They have received support from Forsyth County. This Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 10 of 12 was proposed as a regional initiative. I discussed the possibility of all of us working together to bring the Greenway into Milton. We have looked at several possible routes for extending the Greenway. This is a positive way to bring the surrounding communities together. The route could potentially be from Sawnee Mountain all the way down to Roswell. Councilmember Kunz: I'm looking forward to seeing everyone at the July 4`h celebration in Crabapple. Peyton Jamison will decide at the last minute if the event will be canceled due to bad weather. The Friends of the Milton Library are collecting books. We will be having a book sale on August I Oth . You can drop off books at either the City of Milton, Firestation 43, or at Shannondale Farms. We also need volunteers to help at the book sale. STAFF REPORTS 1. Council Update on EMS Transport. (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager: This is timely since today is July ls` and the new contract with Rural Metro Ambulance went into effect today. The EMS council recommended that we leave the zone closed and keep the ambulance provider as it currently exists today which is Rural Metro. Bob Edgar, Fire Chief: We are asking your approval to reallocate funds that are already in the system. We have the staff and the equipment we need to provide for the citizens of the City of Milton. The annual cost to employ a paramedic is $55,837. This includes $42,000 salary; $13,837 benefits; and $4,000 for uniforms and gear. Our annual subsidy was $132,250. We would have a savings of $22,040 as outlined below: Current Cost Analysis Department: Annual Personnel Cost $55,837 Firefighter/Paramedic Salary $42,000 Benefits $13,837 Monthly Personnel Cost $ 4,653 Uniforms and Gear $4,000 (one time cost) Rural Metro: Subsidy Annually ($132,250) Subsidy Monthly ($11,020) 1 1 Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 11 of 12 Milton Ambulance/Rescue Fiscal Year 2013 2 Months Personnel Cost x 3 $4,653 $13,959 x 2 = $27,918 Rural Metro Subsidy $11,020 x 2 = ($22,040) Total Estimated Cost - $5,878 *Medical Emergency Reimbursement, Monthly Average - $3,880 ($7,760)* Fiscal Year 2014 12 Months Personnel Cost x 3 $167,511 Rural Metro Subsidy Savings ($132,250) Total Estimated Cost $35,261 Medical Emergency Reimbursement ($50,900)* Fiscal Year 2013 2 Months Personnel Cost $27,918 Rural Metro Subsidy ($22,040) Estimated Personnel Cost$5,878 One Time Cost $12,000 — Gear & Uniforms $190,000 — Rescue Unit Medical Emergency Reimbursement ($7,760)* Fiscal Year 2014 12 Months Personnel Cost x 3 $167,511 Rural Metro Subsidy Savings ($132,250) Total Estimated Cost $15,639 Medical Emergency Reimbursement ($50,900)* The City of Milton has purchased an ambulance. A picture of it is in your package. That ambulance will not leave the Milton city limits unless a disaster strikes and all emergency personnel are needed everywhere throughout the city. We will still depend upon Rural Metro to respond as quickly as possible when a call comes in; however, our ambulance will be available at all times. Our firefighters Regular Meeting of the Milton City Council Monday, July 1, 2013 at 6:00 pm Page 12 of 12 and paramedics are some of the best in the country. We have the knowledge, expertise, and experience to respond quickly to a situation and help in all areas that are needed while we are waiting for Rural Metro to arrive. Mayor Lockwood: The council is in support of moving forward with this initiative; however, we would like more financial information regarding this effort. City Manager Lagerbloom: We are having our first meeting with the North Fulton Unified Radio System Authority tomorrow morning. Fulton County voted to award their contract for their radio system. They have agreed to work concurrently with the North Fulton Authority so that duplication of services will be avoided. So, to put to rest any concerns we may have had, we are not going to build radio systems redundantly on top of each other. EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss litigation and land acquisition at 7:30 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Large moved to reconvene the Regular Meeting at 8:00 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Mayor Lockwood was absent for the vote. ADJOURNMENT (Agenda Item No. 13-164) Motion and Vote: Councilmember Large moved to adjourn the Regular Meeting at 8:01 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Mayor Lockwood was absent for the vote. After no further discussion the Regular Council Meeting adjourned at 8:01 p.m. Date Approved: July 15, 2013. � � l Sudie AM Gordon, Cio Clerk Joe Lockwood, Mayor Fi 1 STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At a Regularly Scheduled City Council Meeting held on July 1, 2013, at 6:00 PM the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] 1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate; entering into contract to purchase, to dispose of, or lease property subject to approval in a subsequent public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a subsequent public vote pursuant to O.C.G.A, 50-14-3(b)(1)(B-E); 2. discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. X attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1). 4. other (explanation): I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. `,%111111/1/��� SWORN TO AND SUBSCRIBF� this 1 st day of July, 2013. '% *J� cp"'"88�a�% Z'y '� NOtis2% LIC Notary Public My Commission Expires: MAYOR JO OCKWOOD