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Home My WebLink AboutMinutes CC - 08/19/2013 - MINS 08 19 13 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, August 19, 2013 at 6:00 pm Page 1 of 6 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 farm. This is an official record of the Milton City Council Meeting proceedings. Of Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on August 19, 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 Couneilmembers Present: Councilmember Thurman. Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria, and Councilmember Large. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (AQenda Item No. 13-185) Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss litigation after Public Comment. • Add an Executive Session to discuss land acquisition after Staff Reports. Councilmember Large seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, August 19, 2013 at 6:00 pm Pa -e 2 of 6 PUBLIC COMMENT EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss litigation at 6:10 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). CONSENT AGENDA 1. Approval of the August 5, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-186) (Sudie Gordon, CitY Clerk) 2. Approval of an Agreement between the Georgia Department of Transportation and the City of Milton for Transportation Facility Improvements of SR 9 (Alpharetta Highway) at Bethany Bend Intersection Improvement Concept Study. (Agenda Item No. 13-187) (Carter Lucas, Public Works Director) 3. Approval of a Construction Services Agreement between the City of Milton and Superior Arbor Management, Inc. for the Removal and Disposal of Compromised Trees from the Public Right - of -Way at Various Locations. (Agenda Item No. 13-188) (Carter Lucas. Public Works Director) 4. Approval of a Services Agreement between the City of Milton and Emergency Communications Network, LLC. for the Provision of Emergency Notification Services to the Citizens of Milton. (Agenda Item No. 13-189) (Matt Marietta. Fire Marshal) 5. Approval of an Amendment to a Professional Services Agreement between the City of Milton and Tunnel I -Spangler & Associates, Inc. (TSW) dated July 16, 2012 for the Purpose of Providing Coding Services for the Deerfield Form -Based Code Overlay Zone. (Agenda Item No. 13-190) (Kathleen Field. Community Development Director) 6. Approval of Change Order #I to the Professional Service Agreement between the City of Milton and Foresite Group. Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. (Agenda Item No. 13-191) (Jim Cregge. Parks and Recreation Director) 7. Approval of a Construction Services Agreement between the City of Milton and MRC Group LLC. for Sidewalk Trip Hazard Removal. (Agenda Item No. 13-192) (Carter Lucas, Public Works Director) Regular Meeting of the Milton City Council Monday, August 19, 2013 at 6:00 pm Page 3 of 6 Motion and Vote: Councilmember Kunz moved to approve the Consent Agenda. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION Consideration of an Ordinance to Amend Chapter 62, Article II, Taxicabs of the City of Milton Code. (Agenda Item No. 13-193) (Shawn McCarth, Police Captain) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Item. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) Zoning is transcribed verbatim ZONING AGENDA Consideration of RZ13-13 — Manor Bridge Road (South Side) and Hamby Road (Northeast Side) by Westminister Place, LLC to Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 59 Single Family One (1) Acre Lots. (Agenda Item No. 13-180) (First Presentation at August 5, 2013 Regular City Council Meeting) (Kathleen Field Community Development Director) Kathleen Field, Community Development Director: Thank you, Mr. Mayor and members of the council. As the City Clerk mentioned, the applicant would like to request a withdrawal of this rezoning application. The applicant, Mr. Corbitt Woods, is here tonight to personally discuss this matter with you. Corbitt Woods, 6650 Sugarloaf Parkway, Suite 200, Duluth, GA 30097 Good evening. My name is Corbitt Woods, 6650 Sugarloaf Parkway, Duluth, GA and we have come before you tonight to request to withdraw this application. As you know, we have had this in front of the staff for several months and in the spirit of getting this thing done right with full support, we decided it would be best to have this withdrawn and regroup. We realize that we will have to go through this whole process again and we understand that. Over the course of the summer, we had an interested party come forward and we are going to withdraw and see how that goes with them. So, we would prefer to withdraw without prejudice and hopefully figure out what is going on and we will be back in front of you another time. I will be happy to answer any questions you might have. I appreciate your consideration. Regular Meeting of the Milton City Council Monday, August 19, 2013 at 6:00 pm Page 4 of 6 Motion and Vote: Councilmember Lusk moved to approve the withdrawal without prejudice of Agenda Item No. 13-180. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). End of verbatim transcription UNFINISHED BUSINESS NEW BUSINESS 1. Consideration of a Resolution Accepting the Resignation of Council Member Lance Large, District 3/Post 2. (Agenda Item No. 13-194) RESOLUTION NO. 13-08-264 (Ken Jarrard, Cite Attorne,v) Ken Jarrard, City Attorney: In your packet tonight, you will see a resolution accepting a resignation and a letter from Lance Large. Councilmember District 3/Post 2, formally announcing his resignation. The letter indicates that his resignation will become final at midnight on October 15. 2013. If you accept this resignation tonight, it becomes irrevocable. Therefore, Councilmember Large will not be able to continue to serve and a special election will have to be called. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-194. Councilmember Thurman seconded the motion. The motion passed (6-0). Councilmember Large recused himself. 2. Consideration of a Resolution Appointing Fulton County Department of Elections to Act as the Municipal Election Superintendent for a City of Milton Special Election to be Held to Fill the Vacated District 3/Post 2 City Council Seat; Authorizing Fulton County Department of Elections, as Municipal Election Superintendent, to Call Said Special Election on Tuesday. November 5, 2013, Authorizing the City Clerk to Act as the Qualifying Officer to Provide Services in Regards to Qualifying Candidates for Election to Said Seat, and to Undertake any other such Duties as are Necessary to Accomplish the Holding of Said Special Election Setting the Date. Time and Fee for the Qualifying of Candidates; and for Other Purposes. (Agenda Item No. 13-195) RESOLUTION NO. 13-08-265 (Ken Jarrard. Citi• Attorney) Regular Meeting of the Milton City Council Monday, August 19, 2013 at 6:00 pm Page 5 of 6 Ken Jarrard, City Attorney: This resolution will authorize Fulton County Department of Elections to call a Special Election to be held on November 5, 2013 to fill the councilmember position for District 3/Post 2 recently vacated by Councilmember Lance Large. The period of qualification for this Special Election will be August 26, 2013 through August 30, 2013 between the hours of 8:30 a.m. and 4:30 p.m. The qualifying fee is $390.00. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 13-195. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 3. Consideration of an Ordinance to Amend the City of Milton Charter. (Agenda Item No. 13-196) (Discussed at the August 12, 2013 City Council Work Session) (Chris Lagerbloom, Citi- Manager) Ken Jarrard, City Attorney: This is a proposed modification to the City Charter. This is a culmination of a lot of activity that began last year with the organization of the Charter Commission which consists of a group of stakeholders in the city to obtain feedback from various groups, staff members, and elected officials regarding the city charter. Your staff, along with my office, has done a very nice job of editing the Charter indicating every change that has been proposed. Other than a few minor changes, this proposed document encompasses all of the changes that the Charter Commission has recommended. This has to be adopted at two consecutive regularly scheduled meetings. A legal ad containing a synopsis of all of the changes has to run for three consecutive weeks with the last ad running immediately prior to the final document being adopted at the regularly scheduled meeting. This will need to be adopted at this meeting, at the next regularly scheduled meeting, and then to make it effective it will need to be delivered to the Secretary of State. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-196. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). COUNCIL REPORTS EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss land acquisition at 6:45 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, August 19, 2013 at 6:00 pm Page 6 of 6 RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 7:13 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). ADJOURNMENT (Agenda Item No. 13-197) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 7:14 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 7:14 p.m. Date Approved: September 4. 2013. , � � 6,1, YA' -? Sudie AM Gordon, City Clerk Joe Lockwood, r 1 1 1 STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON 1 OPEN MEETINGS CITY OF MILTON 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 August 19, 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. ``0110 �11181,11 � SWORN TO AND SUBSCRIBED bq$,re rr ,A M G� i�o this 19th day of August, 2013.°"""��8so .'9�!� zz. a: NO r O co: CikcMAYOR JO LOCKWOOD Notary Public ';Of; ?vT y' GEO�� My Commission Exp es: �111111�