Loading...
HomeMy WebLinkAboutMinutes CC - 09/04/2013 - MINS 09 04 13 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Wednesday, September 4. 2013 at 6:00 pm Page I of 1 1 This summary is provided as u 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 of 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 September 4, 2013 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Reverend Mark Jones, Youth Director, Birmingham United Methodist Church. Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, and Councilmember Large. Councilmembers Absent: Councilmember Longoria PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-198) Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. Regular Meeting of the Milton City Council Wednesday, September 4, 2013 at 6:00 pm Pace 2 of 11 PUBLIC COMMENT CONSENT AGENDA Approval of the August 12. 2013 Work Session City Council Meeting Minutes. (Agenda Item No. 13-199) (Sudie Gordon. Citi, Clerk) 2. Approval of the August 19, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-200) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending July, 2013. (Agenda Item No. 13-201) (VaceY Inglis, Assistant Cltl' ,Ilunager) 4. Approval of a Services Agreement between the City of Milton and Custom Canine Unlimited, LLC. for Providing a Trained Police Canine and the Requisite Training for the Canine Handler. (Agenda Item No. 13-202) (Shawn McCartY, Police Captain) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION 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. 13-203) (SlaceY Inglis, Assistant Ci/i• Manager) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures. Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 13-204) (Discussed at August 12, 2013 Council Work Session) (Stacey Inglis, Assistant Citic Manager) 11 Regular Meeting of the Milton City Council Wednesday, September 4, 2013 at 6:00 pm Page') of I 1 Consideration of RZ13-15 - To Amend Chapter 64, Zoning Ordinance. Article XIV. Rezoning and other Amendment Procedures, Division 2. Public Hearing and Notice Requirements. (Agenda Item No. 13-205) (Kathleen Field. Conrmunitl• Development Director) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Items. Councilmember Large seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. PUBLIC HEARING Consideration of a Resolution to Abandon a Portion of Public Right -of -Way on Black Oak Road. (Agenda Item No. 13-206) (Carter Lucas. Public Works Director) Carter Lucas, Public Works Director: This is a request for the abandonment of a portion of Black Oak Road. It is a gravel road located in the northeast section of the city. It is about 1750 feet long and runs south/southeast from Hopewell Road to the applicant's property close to the city limit line on Hopewell Road. It is located just north of where Mountain Road intersects with Hopewell Road. Currently, the city maintains a portion of the road but the back 1600 feet has been closed for a number of years to prevent dumping and other unfavorable activities. The applicant has requested that a portion of the road, 175 feet, be abandoned and incorporated as part of their development in that area. The applicant had an initial hearing before the City Council on February 20, 2013 and we have proceeded from that time with our standard process. As we have discussed regarding previous applications for abandonment, in order for a city to abandon any public right of way, at least one of two conditions have to be met. Either no substantial purpose is served by it or that its removal from the city's right of way is in the best interest of the public. After our review of the property, the road does not have any connectivity to any other public street, it does not appear on any of our future land use or transportation plans and the majority of the right of way in question has not been maintained by the city in several years. So, it is staff s opinion that the portion of this right of way that has requested to be abandoned, no longer serves any public purpose. Our process requires two public hearings except in the case where 100% of the community is in favor of it, which is what we have here tonight. The community is defined as any property that adjoins the section to be abandoned or any property that uses the section to be abandoned as access to their property. The applicant is the only person in this "community". So, we are only required to have one public hearing for this case. By our normal process, this application has been advertised in the Milton Herald on two separate occasions; August 21, 2013, and August 28, 2013. Regular Meeting of the Milton City Council Wednesday, September 4, 2013 at 6:00 pm Page 4 of I I Bill Lusk, Councilmember: I noticed that the appraised value is $13.400 for 1 1/3 acres. Is that the fair market value today? Carter Lucas: It is. The applicant had an appraisal done to support that amount. PUBLIC COMMENT Joshua Scoggins, 112 North Main Street, Cumming, Georgia 30040 I am with Lipscomb Johnson and I represent the Ryland Group. Mr. Lucas described the request very well. I do not have much to add but I am happy to answer any questions you may have. 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton. Georgia, to Adopt the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 13-204) (Discussed at August 12, 2013 Council Work Session) (First Presentation at September 4, 2013 Regular Council Meeting) (,Stacc r Inglis, Assistant Citi,Afanager) Chris Lagerbloom, City Manager: This is one of the required Public Hearings for the new fiscal 2014 budget that will begin October 1, 2013. This will also be presented to you at our upcoming Work Session on September 9"' where you will have a chance to get more thoroughly involved in the details of it. It will also come forward in the Unfinished Business section of an upcoming agenda. This budget will get us through the 2014 fiscal year for a couple of months and then we will have some positive modifications. This is a balanced budget with revenues at $18,828,400. expenditures at $20,241.309, the difference is $1,412,909 and we anticipate we will end fiscal year 2013 with $1.4 million. So. this is just a re -appropriation of ending FYI 3 positively. This budget will allow us to continue to maintain 30% in the Fund Balance. It also includes capital funding to continue the progress with the Public Safety Radio System. All the vehicle replacement reserves for police, fire, and staff are fully funded. We anticipate being able to buy any replacement equipment with cash instead of a lease -purchase agreement. The second phase of the Severe Weather Warning Siren has been funded in this budget. When we deploy this system in Milton we will have 100% coverage instead of a phased approach. Pavement management is funded at $1.9 which will keep us on our paving schedule. 1 Regular Meeting of the Milton City Council Wednesday, September 4. 20 13 at 6:00 pm Page 5 of 1 I This budget allows us to continue with the partnership we have with the City of Alpharetta's Parks and Recreation Department to have non-resident fees eliminated from both cities. This budget allows for our Emergency First Response Program which is contingent upon a future contract agreement with Rural Metro. It includes a 2.5% Cost of Living Adjustment for all our employees. It also continues to fund the 911 Dispatch Center without subsidy from the General Fund. Due to our increase in population based on the 2010 Census, our cost for the 911 Dispatch Center has increased. However, we are negotiating with the City of Alpharetta to be able to maintain the IGA that we currently have with them in order for us not to have to go into our General Fund to subsidize this expense. This budget will allow us to continue to deliver the good services that we have always maintained for our citizens. Motion and Vote: Councilmember Kunz made a motion to move Unfinished Business Agenda Item No. 13-193 to allow for Public Comment before the Executive Session (to discuss pending litigation). Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. ZONING AGENDA (None) EXECUTIVE SESSION (to discuss pending litigation) Motion and Vote: Councilmember Hewitt moved to go into Executive Session to discuss pending litigation at 6:50 p.m. Councilmember Large seconded the motion. The motion passed unanimously (6- 0). Councilmember Longoria was absent. RECONVENE Motion and Vote: Councilmember Kunz moved to reconvene the Regular Meeting at 7:02 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmel»her Longoria was absent. UNFINISHED BUSINESS 1. Consideration of an Ordinance to Adopt Amendments to the City of Milton Charter. (Agenda Item No. 13-196) ORDINANCE NO. 13-09-183 (Discussed at August 12. ?013 Citi, Council Work Session) (New Business at August 19, 2013 Regular Council Aleeting) (Chris Lagerbloom, Citi, Afanager) Regular Meeting of the Milton City Council Wednesda,. September 4, 2013 at 6:00 pm Page 6 of 1 I Ken Jarrard, City Attorney: This is our second formal adoption of modifications to the City of Milton Charter. This is the culmination of a considerable amount of work including several meetings with the Charter Commission recommending proposed changes. We have reviewed these changes several times. We have been running legal ads for the past three weeks which contain a synopsis of all of these changes. At the last regular meeting, you adopted these changes. This would be the second and final modification of these changes. There have been no changes since the last ratification. Once these changes are approved. they will be sent to the Secretary of State and will become a part of the City of Milton Charter. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-196. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. Agenda Item No. 13-193 was moved ky Motion and Vote to before the Executive Session (to discuss pending litigation) to allow for Public Comment. 2. Consideration of an Ordinance to Amend Chapter 62, Article II, Taxicabs of the City of Milton Code. (Agenda Item No. 13-193) ORDINANCE NO. 13-09-184 (First Presentation at August / 9, 2013 Regular Council Meeting) (.Shawn McCarty. Police Captain) Shawn McCarty, Police Captain: We are recommending a change to this ordinance because when the ordinance was originally established we did not have any taxicab businesses in the City of Milton. Since then, taxicab businesses have come into Milton and we realized that our ordinance was not in standard with other taxicab ordinances. So, we have modified the ordinance to be in compliance with industry standards that are currently being used around the area. PUBLIC COMMENT Virgil Atkinson, 1092B Wrights Mill Road, Canton, GA 30115 I am Virgil Atkinson, owner of Virgil's Taxi. I would like to thank the council for considering the proposed changes to Ordinance 10-10-79. I have operated Virgil's Taxi for more than seven years in this area even before it became the City of Milton. The ordinance was created to protect taxi drivers. 1 Regular Meeting of the Milton City Council Wednesday, September 4, 2013 at 6:00 pm Page 7 of I 1 I have helped establish a similar ordinance for the Cities of Johns Creek, Alpharetta. and Dahlonega. I agree with the proposed changes that have been submitted; however, there are four main issues that have not been addressed. In Section 62-20, which describes an "operator's certificate of public necessity and convenience", under subsection (c) (1) which states, "establishment and maintenance of an office in a commercially -zoned area of the city" is outdated. Even the neighboring cities agree that this is an antiquated requirement. Taxicab companies no longer need someone to sit behind a desk to answer a landline to dispatch taxi calls. Any paperwork that the city would like to inspect is in each car or can be provided within two hours. We have a home occupational license in our hometown and meet the requirements of the State of Georgia. The current cost of a commercially zoned area in the City of Milton exceeds the total intake per month of the company which makes it almost impossible to meet this requirement. I would like to request that this be removed from the ordinance or re -written. Also in Section 62-20, subsection (c) (7) the insurance requirements list $50,000, $50,000, and $25,000 which is higher than the current standard which is $25.000, $50,000, and $25,000 although I am not against having better insurance but it is very expensive. In Section 62-25 which states, "operators responsible for violations by drivers" does not make sense. My company requires a seven year MVR as well as a criminal background check of all applicants that are considered for a driving position in addition to a signed contract between the subcontractor and the company which states that the driver is responsible for his/her own actions. My concern is that I can be held responsible for a driver's bad decision. This should either be removed from the ordinance or state that the each driver will be held responsible for their actions, not the operator of the company. Section 62-19 states that a `'taxicab means any motor vehicle used in the business of transporting passengers for compensation and not having a fixed route or routes." Designated Driver Safe Ride and My DD are companies that offer to get you home safely which is a service that taxicab companies have always provided. These unregulated companies do not have to abide by the law because they insist that they are not a taxicab company. However, these companies charge a rate per utile and transport customers but are not held to the same standards as taxicab companies. In addition, these companies are taking business away from taxicab companies by advertising that they are cheaper than taxis. which they are not. Also, they drive vehicles that are unchecked and questionable without taxi tags, company logos, or top lights. I would like to ask you to look at these companies and require them to adhere to ordinance 10-10-79 as well. Councilmember Lusk: He certainly had a lot of comments regarding this ordinance. Did anyone make note of his requests? 1 Regular Meeting of the Milton City Council Wednesday, September 4, 2013 at 6:00 pm Page 8 of 1 1 City Manager Lagerbloom: Yes, the City Attorney and I have been discussing the issues he brought forward. We do not have any problem with the request to add language to clarify if an office exists or not. We are comfortable adding the words "if any" after the word "office" in Section 62-20; subsection (c) (1). However, I would like to adhere to the insurance requirements that are proposed in the ordinance. City Attorney Jarrard: In reference to Section 62-25 regarding operators of companies being held liable for other drivers. Each driver is held accountable for his or her own actions. This language essentially puts the burden on operators of taxicab companies to hire responsible drivers. No criminal violations would be brought forth on the operator of a company if a driver is irresponsible and charged with a violation. Captain McCarty: Mr. Atkinson has been very helpful in regards to the definition of a taxicab. With the proposed changes. I believe our ordinance will now allow us to better monitor the vehicles that are not within code. It will help us enforce this ordinance. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-193 with the following addition: In Section 62-20 of Article II—Taxicabs add the words "if any" after the word "office" in Section (c)(1). Councilmember Thurman seconded the motion Councilmember Longoria was absent. NEW BUSINESS The motion passed unanimously (6-0). 1. Consideration of a Resolution for the City of Milton with Intention of Settling its Dispute with Fulton County Over the Local Option Sales Tax (LOST) Dispute and Authorizing the Mayor to Execute a Certificate of Distribution; and for Other Purposes. (Agenda Item No. 13-207) RESOLUTION NO. 13-09-267 (Ken Jarrard Cih• Attorney) Chris Lagerbloom, City Manager: This is a follow-up to many discussions we have had regarding this litigation. This is bringing forth a resolution allowing the City of Milton to be a part of a settlement agreement with other cities in Fulton County regarding Milton's portion of the Local Option Sales Tax (LOST) If approved, our portion will change to 3.2982% of the total. Tonight, we distributed a certificate that has a slight change from the one that was in your packet. The change adds the City of Fairburn which was originally left out. 1 1 Regular Meeting of the Milton City Council Wednesday, September 4, 2013 at 6:00 pm Page 9 of 1 I This change does not cause a percentage change because the City of Fairburn has elected not to be included in this litigation. This was simply an oversight. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-207. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. 2. Consideration of a Resolution to Abandon a Portion of Public Right -of -Way on Black Oak Road. (Agenda Item No. 13-206) RESOLUTION NO. 13-09-266 (Public Hearing Held September 4, 20 13) (Carter Lucas, Public Works Director) Carter Lucas, Public Works Director: I do not have anything to add to my previous presentation other than to respond to Councilmember Thurman's question regarding the cost of maintaining this portion of the road. Based on the amount that we spend to maintain the gravel on other roads within the city, we estimate that it would probably cost about $5,000 annually to maintain this piece of Black Oak Road. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-206. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. Consideration of Ratification of CITY OF MILTON, GEORGIA, a municipal corporation, acting by and through its designated public official, WADE GREENE, in his official capacity as Chief Building Official for the City of Milton, Petitioner, vs. 14220 COGBURN ROAD, Milton, Fulton County, Georgia (Tax parcel 22-5070-0761-052-8); MINNIE LOU GREEN a/k/a MINNIE LOU GAZAWAY GREEN; JUSTIN EDWARD ADAMS a/k/a JUSTIN ADAMS; ARTHUR E. FERDINAND, Fulton County Tax Commissioner; STACEY INGLIS. in her official capacity as Assistant City Manager and Director of Finance for the City of Milton, and all other persons, known or unknown claiming an interest in said Property, Respondent(s). (Agenda Item No. 13-208) (Ken Jarrard. CitY Attorne.o Ken Jarrard, City Attorney: This is the culmination of previous discussions we have had regarding this issue. The City of Milton has the responsibility with respect to the abatement of a public nuisance under the City's Building Regulation Ordinance. Regular Meeting of the Milton City Council Wednesday, September 4, 2013 at 6:00 pm Page 10 of 1 1 We have identified the property at 14220 Cogburn Road in Milton, Georgia with tax parcel 22-5070- 0761-052-8 as a public nuisance in which the Chief Building Inspector has warranted that it needs to be abated. The City of Milton has gone above and beyond to seek voluntary efforts and amicable remediation to bring this property to code. We have not had any success regarding this endeavor. All of our efforts are outlined in the complaint. Tonight, I have distributed a slightly modified version of the complaint. The final finding is that the dwelling on this property is unfit for human habitation and residential use, is an unsafe structure which constitutes a public nuisance, and is in need of immediate abatement. We will be asking the City of Milton Court for an order compelling the property to be remediated to bring it into compliance. In the absence of such action, we are asking for authorization for the City of Milton to either abate the nuisance or raise the structure. This will be done by way of a hearing providing adequate due process to all interested parties which is the reason there are several defendants listed. The county, city and other interested individuals may have an interest in this property by way of taxation. I would also like a motion and vote to authorize the filing of the Complaint in Rem to abate the existing public nuisance as I have presented to you tonight. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-208 including the authorization for the City Attorney to file the Complaint in Rem to abate the existing public nuisance as presented. Councilmember Large seconded the motion. The motion passed (6-0). Councilmember Longoria was absent. COUNCIL REPORTS EXECUTIVE SESSION (to discuss acquisition gfreal estate) Motion and Vote: Councilmember Thurman moved to go into Executive Session to discuss land acquisition at 7:22 p.m. Councilmember Large seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 7:39 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. 1 1 1 Regular Meeting of the Milton City Council Wednesday, September 4. 2013 at 6:00 pm Page 1 I of 1 1 ADJOURNMENT (Agenda Item No. 13-209) Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at 7:40 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent. After no further discussion the Regular Council Meeting adjourned at 7:40 p.m. Date Approved: September 16, 2013. 41" Sudie AM Gordon, City Clerk 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 September 4, 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(l). 4. other (explanation): 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. SWORN TO AND SUBSCRIB����A) M �Yp� this 4th day of September, 20�.�'. r'�os;o • �.� ti•;O tAor Notary Public 0, p •"•• ° ••'' p �.` My Commission Expires:,,(N ; 1�1 G�'�.� �/v MAYOR JOYOCKWOOD