HomeMy WebLinkAboutMinutes CC - 09/16/2013 - MINS 09 16 13 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, September 16,2013 at 6:00 pm
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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 September 16,
2013 at 6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Patrick Abent, hmer Quest Church, Milton, Georgia.
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLLCALL
Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk,
Councilmember Hewitt, Councilmember Large and Councilmember Longoria.
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
(Agenda Item No. 13 -210)
Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following
changes:
• Add an Executive Session to discuss litigation after Public Hearing.
• Add a second Executive Session to discuss litigation and land acquisition after Staff Reports.
• Add to New Business, 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, or Mayor Pro Tern, to Execute a Certificate of Distribution; and for Other Purposes.
Councilmember Thunnan seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, September 16, 2013 at 6:00 pm
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PUBLIC COMMENT
CONSENT AGENDA
1. Approval of the September 4,2013 Regular City Council Meeting Minutes.
(Agenda Item No. 13-211)
(Sudie Gordon, City Clerk)
2. Approval of the Financial Statements for the Period Ending August, 2013.
(Agenda Item No . 13-212)
(Stacey inglis, Assistant City Manager)
3. Approval of a Professional Service Agreement between the City of Milton and Universal
Engineering Services, Inc. for an Asbestos Survey of Four Houses at Bell Memorial Park.
(Agenda Item No . 13-213)
(Jim Cregge, Parks & Recreation Director)
4. Approval of the Amendment to Lease Contract between the City of Milton and Larry and Susan
Hopkins.
(Agenda Item No. 13-214)
(Jim Cregge, Parks & Recreation Director)
5. Approval of an Amendment to a Professional Services Agreement between the City of Milton
and Robert Buscemi, AlA dated January 1,2013 for the Purpose of Providing Professional
Design Services to the City on an As-Needed Basis.
(Agenda Item No. 13-215)
(Kathleen Field, Community Development Director)
Motion and Vote: Councilmember Thurman moved to approve the Consent Agenda. Councilmember
Kunz seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS
1. Proclamations Recognizing Constitution Week Presented to the Daughters of the American
Revolution and the Sons of the American Revolution.
(Presented by Councilmember Bill Lusk)
Regular Meeting of the Milton City Council
Monday, September 16,2013 at 6:00 pm
Page 3 of II
FIRST PRESENTATION
l. Consideration of T13-02NC13-05 -13700 Highway 9 -New Cingular Wireless, PCS, LLC
(a/k/a AT&T Mobility) Consideration of an Ordinance to Increase the Height of the Tower from
175 Feet to 185 Feet and a Two Part Concurrent Variance; 1) Reduce Tower Setbacks to Allow
Existing Tower to be Set Back 26 Feet from Eastern Property Line and 20 Feet from Northern
Property Line (all measured from centerline of tower) (Sec. 54-6 (d)(1). 2) Reduce the 20 Foot
Required Landscape Strip to 10 Feet (currently existing) (Sec. 54-6 (e).
(Agenda Item No. 13-216)
(Kathleen Field, Community Development Director)
Motion and Vote: Councilmember Longoria moved to approve the First Presentation Item.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
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. 13-203)
(First Presentation at September 4, 2013 Regular Council Meeting)
(Stacey Inglis , Assistant City Manager)
Stacey Inglis, Assistant City Manager
Every year, we have a budget amendment at the end of the year in order to bring the budget in line
with actual numbers.
The revenue appropriations are increasing by $433,936.
Expenditure appropriations increased by $335,868 in the General Fund.
Therefore, we will have an increase in the fund balance by $98,068.
The most notable revenue amendments are taxes, licenses, and permits.
Tax appropriations increased by a little over $252,000.
There is an increase in motor vehicle tax by $100,000; intangible tax, $50,000; real estate transfer
tax $20,000 ; and business and occupation tax $65,000.
Licenses and permits increased by approximately $117,000.
Most of this increase is due to the increase in building permits by $60,000 and an increase in land
disturbance permits by $40,000.
Charges for various services increased by approximately $65,000.
Plan review fees increased by $52,545 and activity commission fees increased by $9,723.
Fines and forfeitures decreased by $45,000.
Within the departments, there were some notable expenditure amendments, such as, in the Parks and
Recreation Department the IGA with the City of Alpharetta waiving non-resident fees was initially
put in the Capital Projects fund. We decided to move this expense of $325,000 into the General
Fund.
Regular Meetin g of the Milton City Council
Monday, September 16 , 2013 at 6:00 pm
Page 4 of 11
Group Insurance is typically calculated on a per employee basis. It is not necessarily calculated
based on which plan an employee selects. We always have to align this dollar amount at the end of
the year. So, we moved $13 ,700 from the City Clerk's fund into the Community Development
Department to offset actual expenditures for group insurance expense for those departments.
In the Economic Development Department there is a little over $9 ,000 to pay for consultant fees for
the possible creation of an opportunity zone within the City of Milton.
We also have a small transfer of $1 ,600 from the General Fund to the Operating Grant Fund to cover
the closing of the Developmental Disabilities mini-grant program.
There is an increase in the Special Events Fund of $17,491 which accounts for the expense and
collection of hotel/motel tax to attract tourists to the area.
The Confiscated Assets Fund has increased b y $25 ,724.
We are moving the Hopewell House renovations from the Capital Grant Fund to the Capital Projects
Fund since we will not be receiving an y Capital Grant funds for this project.
The $325 ,000 decrease in the Parks and Recreation Department for trail expansion is being used to
fund the IGA we have with the City of Alpharetta to waive non-resident fees . This expense is being
moved into the General Fund.
A portion of the funds to pay for gateway signage and historic markers , which was initiall y budgeted
in the Capital Grant Fund, is being moved into the Capital Projects Fund .
Councilmember Lusk
Could you please explain the gateway signage again?
Stacey Inglis
There is a portion that is associated with the grant monies used to pay for the gateway signs. The rest
of that was dedicated toward either gateway signage or historic markers.
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)
(Dis cuss ed at Aug ust 12, 2013 Work Session)
(Fir st Pr esentation and First Public Hearing at Sept ember 4, 2 013 Regular Co un cil Meeting)
(Discusse d at S eptember 9, 2013 Work Session)
(Sta cey Inglis , Assistant City Manager)
Chris Lagerbloom, City Manager
There have not been any changes since the Work Session last week.
In summary, this is a balanced budget with revenues at $18 ,828,400 .
Anticipated expenditures are $20,127,510.
The budget consists of three things: maintenance and operating expenses, capital projects, and new
ini tiati ves.
There is an appropriate amount of funding for our Public Safety Communications system as well as
maintenance and depreciation of our police and fire vehicles.
Regular Meeting of the Milton City Council
Monday, September 16, 2013 at 6 :00 pm
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This budget allows us to build out our tornado warning sirens in one phase during this fiscal year.
Pavement management is funded at $1.9 million which is adequate to keep us moving forward with our
pavement management program.
We have the beginning funding needed for the HopewelllFrancis intersection improvement.
We have budgeted sufficient funding for our agreement with the City of Alpharetta to waive non
resident fees for Parks and Recreation activities.
There is funding for the land acquisition that we have discussed during numerous Executive Sessions.
We are working on a Phase I partnership with Rural Metro Ambulance and will move forward into
Phase II with a local transport option which will be funded in the budget.
We have also budgeted the ability to hire a City Architect.
Councilmember Joe Longoria
Are we comfortable hiring a full-time City Architect not knowing how much work will need to be done
in the future? I realize we are at a peak time right now, but will there be enough work for that employee
to do in the future to warrant hiring a full-time employee?
City Manager Lagerbloom
With the form-based code, we need to have someone that can maintain the form we are asking our
citizens to adhere to. However, I do not think that warrants a full-time employee but as we look forward
to the renovation of the Hopewell House, the new City Hall, and needing staff support for the Design
Review Board, a full-time architect would be helpful.
Thefollowing Executive Session to discuss litigation was added by Motion and Vote during Approval
ofMeeting Agenda.
EXECUTIVE SESSION
Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss litigation at
6:46 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
RECONVENE
Motion and Vote: Councilmember Longoria moved to reconvene the Regular Meeting at 7:23 p.m.
Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).
Motion and Vote: Councilmember Thurman made a motion for The 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, or Mayor Pro Tern, to Execute a Certificate of
Distribution; and for Other Purposes, initially added during the Approval of Meeting Agenda under New
Business, to be moved to the next item to be considered by Council. Councilmember Lusk seconded the
motion. The motion passed unanimously (7 -0).
Regular Meeting of the Milton City Council
Monday, September 16, 2013 at 6:00 pm
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4 . 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, or
Mayor Pro Tern, to Execute a Certificate of Distribution; and for Other Purposes.
RE OLUTION NO . 13 -09 -268
Chris Lagerbloom, City Manager
We are hoping that this is a settlement regarding current litigation over the Local Option Sales Tax
(LOST).
The City of Milton will join the other cities in North Fulton County with the exception of Atlanta and
College Park.
Milton is agreeing to receive 3.3124% of the Local Option Sales Tax.
Motion and Vote: Councilmember Longoria moved to approve a Resolution to settle the Local Option
Sales Tax (LOST) dispute with Fulton County. Councilmember Lusk seconded the motion. The
motion passed unanimously (7-0).
Zoning is transcribed verbatim
ZONING AGENDA
1. Consideration ofRZ13-15 -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)
ORDLNANCE NO. 13 -09 -187
(First Presentation at September 4, 2013 Regular Council Meeting)
(Discussed at the September 9, 2013 Council Work Session)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director
Thank you. Mr. Mayor and members of the City Council, when we changed the CZIM meeting night
date from the third, I'm sorry, the fourth Wednesday of the month to the fourth Tuesday of the month,
we ran into an issue with the mandated notification, meeting notification requirements. The legal organ
that we use, The Milton Herald, publishes on a Wednesday and by moving our date back one day, we do
not meet the fourteen (14) day requirement as shown in the ordinance. To correct this problem, we
would propose that Article 14, Division 2, of the Chapter 64 Zoning Ordinance, be amended as follows:
That the notice of the CZIM shall be given at least ten (10) days prior to the date of the CZIM
and shall be published in a newspaper of general circulation.
By changing from ten (10) rather than fourteen (14) will allow us to meet the meeting notification
requirements. In addition, on page three of your attachment, which shows a colored flow chart, that
reflects the Milton rezoning use permit flow chart process, we would correct, we would propose that the
sentence that is highlighted in yellow be changed to the following:
Minimum ten (10) days advanced notice in newspaper.
Regular Meeting of the Milton City Council
Monday, September 16, 2013 at 6:00 pm
Page 7 of 11
Both of these changes should correct the current meeting notification problem that we are experiencing .
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-205.
Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).
End verbatim transcription
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 . 13-203)
ORDINAl CE NO. 13 -09 -185
(First Presentation at September 4, 2013 Regular Council Meeting)
(Public Hearing at September 16, 2013 Regular Council Meeting)
(Stacey Inglis , Assistant City Manager)
Stacey Inglis, Assistant City Manager
Mayor and Council, I ask that you use the presentation that I gave earlier during the Public Hearing as
the presentation for this item.
To reiterate, the General Fund appropriation for revenues will increase by $433,936.
Expenditure appropriations will increase by $335,868.
With a net increase to the Fund Balance of $98,068.
There are also amendments to the different funds which were discussed during the Public Hearing.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 13-203 .
Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
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)
ORDINANCE NO. 13 -09 -186
(Discussed at August 12,2013 Work Session)
(First Presentation and First Public Hearing at September 4, 2013 Regular Council Meeting)
(Discussed at September 9, 2013 Work Session)
(Second Public Hearing at September 16, 2013 Regular Council M eeting)
(Stacey Inglis , Assistant City Manager)
Regular Meeting of the Milton City Council
Monday, September 16, 2013 at 6:00 pm
Page 8 of 11
Stacey Inglis, Assistant City Manager
I ask that you use the presentation that Chris gave earlier during the Public Hearing for this agenda item.
Councilmember Bill Lusk
On page 18, Progress Partners are included in the Mayor and Council account, shouldn't this expense be
moved to the Economic Development account?
Stacey Inglis
You are correct. We could certainly move that item from Mayor and Council to Economic
Development.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-204 with the
following change:
• Move the funds designated for Progress Partners from the Mayor and Council budget to the
Economic Development budget.
Councilmember Thunnan seconded the motion. The motion passed unanimously (7-0).
NEW BUSINESS
1. Consideration of a Construction Agreement between the City of Milton and Professionally
Engineered Structures & Associates, LLC for the Construction of Deerfield Park.
(Agenda Item No. 13-217)
(Jim Cregge, Parks & Recreation Director)
Jim Cregge, Parks and Recreation Director
Deerfield Park is located at the comer of Deerfield Parkway and Webb Road.
The park consists of one acre of triangular land in which we will build an outdoor exercise park while
celebrating the freedom we have achieved by honoring our military.
The park has a small trai l and there will be five outdoor fitness stations; three active and two fixed.
The park will also have a flag pavilion with a total of nine flags to include: The State of Georgia, U .S.
Army , U.S. Marines, U.S . Navy, The United States, Air Force, Coast Guard, POW MIA, and The City
of Milton.
We will also give the opportunity for individuals to purchase bricks to pay tribute to a veteran , living or
deceased.
This park will now serve as a place to celebrate our annual Veteran 's Day and Memorial Day
Ceremonies.
We will also be putting a Peace Pole in the middle of the flag pavilion which will be given to us by the
City of Alpharetta.
The establishment of a Peace Pole was started in 1955 by individuals in Japan to honor and memorialize
the victims of Hiroshima and Nagasaki to convey the message , "May Peace Reign on Earth."
Regular Meeting of the Milton City Council
Monday, September 16,2013 at 6:00 pm
Page 9 of II
A Peace Pole is a multi-sided pole that gives that message in multiple languages.
We achieve freedom and peace through the strength of our military.
If this funding is approved, I would like your input for naming this park.
Do you want to leave it as Deerfield Park or possibly name it Veteran's Memorial Park, Veteran's
Memorial Peace Park, or any other name you choose?
City Manager Lagerbloom
Tonight, you are being asked to approve a contract for $138,520.85 that would fund the construction of
this park.
This amount is within our budget for Parks and Trails expansion.
This was a competitively bid project.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-217. Councilmember
Hewitt seconded the motion. The motion passed unanimously (7-0).
2. Consideration of the Approval of a Waiver of Conflict Regarding Jarrard & Davis,
LLP's Relationship with Pond & Company in Relation to the Representation of the City of
Milton in Connection with Pond & Company Conducting a Study Regarding the Intersection of
State Road 9 (Alpharetta Highway) and Bethany Bend.
(Age nda Item No . 13-218)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney
Occasionally, my municipal clients will do business with vendors that I have also done business with in
the past.
This is one of those situations.
In the past, I have worked as a sub-contractor with Pond & Company in conjunction with various other
municipal projects.
I do not provide legal representation to Pond and Company; they have simply retained my law firm as a
sub-consultant in the past.
I am bringing this Waiver of Conflict to you for your approval in order to be fully open, honest, and
transparent.
It will in no way hinder my ability to represent the City of Milton in regards to this study.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-218.
Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, September 16 , 2013 at 6 :00 pm
Page 100fll
3. Consideration of a Resol ution Ratifying An Agreement between EMS Ventures, Inc . d/b/a
RurallMetro Ambulance and the Cities of Milton, Alpharetta, Roswell , and lohns Creek;
Rescinding the February 4 , 2013 Approval by the Council of the Prior Version of the Agreement ;
and for Other Purposes.
(Agenda Item No. 13-219)
RESOLUTION NO . 13-09-269
(Ken Jarrard, City Attorney)
Chris Lagerbloom, City Manager
This is action you believed you had already taken on February 4 , 2013.
However, several of the cities thought they had taken the same action and then one of the cities took a
different action .
By that city taking a different action , in order for the contract to be valid , all of the signers have to adopt
the same document.
As it turns out , some of the things that one city adopted differently than us , are things that we can live
with.
They are not operational or procedural; they are more technical in the law.
I am comfortable recommending that you approve this tonight because our City Attorney's office took
the leadership role in bringing these four cities together.
We are not the first city to adopt this.
It has already been adopted by lohns Creek and is on its way to Roswell and Alpharetta.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-219.
Councilmember Thunnan seconded the motion. The motion passed unanimously (7-0).
MAYOR AND COUNCIL REPORTS
STAFF REPORTS
EXECUTIVE SESSION
Motion and Vote: Councilmember Thunnan moved to go into Executive Session to discuss litigation
and land acquisition at 7:46 p.m . Councilmember Hewitt seconded the motion. The motion passed
unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, September 16,2013 at 6:00 pm
Page II of II
RECONVENE
Motion and Vote: Councilmember Thunnan moved to reconvene the Regular Meeting at 8: 19 p.m.
Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).
ADJOURNMENT
(Agenda Item No . 13-220)
Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at
8:22 p.m. Councilmember Thunnan seconded the motion. The motion passed unanimously (7-0).
After no further discussion the Regular Council Meeting adjourned at 8:22 p.m.
Date Approved: October 7, 2013.
Sudie AM Gordon, City Clerk Joe Lockwood ayor
STATE OF GEORGIA )
) AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) OPEN MEETINGS
)
CITY OF MrLTON )
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 du Iy 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 16, 2013, beginning at 6 :00 PM the
Council voted to go into two separate closed sessions (first Executive Session began at 6:47PM and the second
Executive session began at 7:47 PM) 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.O.A, 50-l4-3(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.O.A. 50-l4-3(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.O.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.
SWORN TO AND SUBSCRIBED before me ,,\\\'~'~"/J"III',
this 16th day of September, 2013. .$'........co;';MiS.;;~O-9~
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