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HomeMy WebLinkAboutMinutes CC - 09/17/2012 - MINS 09 17 12 REG (Migrated from Optiview)l l l Regular Meeting ofthe Milton City Council Monday, September 17,2012 at 6:00 pm Page 1 of 13 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 ofthe 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 Septemher 17, 2012 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Chaplain Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER Mayor Pro Tern Bill Lusk called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Large, Councilmember Hewitt, Councilmember Longoria, and Mayor Pro Tern Bill Lusk. Mayor Joe Lockwood was absent from the meeting. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 12-229) Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following changes: • Executive Session added to discuss land acquisition. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. PUBLIC COMMENT (None) CONSENT AGENDA 1. Approval of the August 20,2012 Special Called Work Session Minutes. (Agenda Item No. 12-230) (Sudie Gordon, City Clerk) Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 2 of 13 2. Approval of the August 20, 2012 Regular Council Meeting Minutes. J (Agenda Item No. 12-231) (Sudie Gordon, City Clerk) 3. Approval of the August 27, 20129:00 AM Special Called Council Meeting. (Agenda Item No. 12-232) (Sudie Gordon, City Clerk) 4. Approval of the August 27,20125:00 PM Special Called Council Meeting. (Agenda Item No. 12-233) (Sudie Gordon, City Clerk) 5. Approval of a Contract between the City of Milton and Pictometry and Approval of a User Agreement between the City of Milton and Fulton County, Georgia for the Use of Aerial Imagery in GIS Mapping. (Agenda Item No. 12-234) (Nick o 'Day, GIS Manager) 6. Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for Storm Drain Repair on Bethany Road. (Agenda Item No. 12-235) (Carter Lucas, Public Works Director) 7. Approval of the Acquisition of 7,256.47 SF of Right of Way, 15,042.33 SF of Permanent JConstruction and Maintenance Easement of 12625 Arnold Mill Road from Shefield Family Investments LLP for a Total Combined Purchase Price of $25,900. (Agenda Item No. 12-236) (Carter Lucas, Public Works Director) 8. Approval ofthe Acquisition of 1,299.49 SF of Permanent Construction and Maintenance Easement at 13770 Birmingham Hwy from Robert Eldredge for a Total Combined Purchase Price of $700. (Agenda Item No. 12-237) (Carter Lucas, Public Works Director) 9. Approval of the Acquisition of 1586.31 SF of Right of Way, 5046.00 SF of Permanent Construction and Maintenance Easement at 13790 Birmingham Hwy from Mary and Martin Altolaguirre for a Total Combined Purchase Price of $6,000. (Agenda Item No. 12-238) (Carter Lucas, Public Works Director) 10. Approval of the Acquisition of 29,709.30 SF of Right of Way at 14575 Providence Road from Ray Sheppard and Melanie Lynn Brooks for a Total Combined Purchase Price of $52,000. (Agenda Item No. 12-239) (Carter Lucas, Public Works Director) 11. Approval of the Acquisition of 1,457.98 SF of Permanent Construction and Maintenance JEasement at 14600 Providence Road from Deena Hannah and Scott Luton for a Total Combined Purchase Price of$I,700. (Agenda Item No. 12-240) (Carter Lucas, Public Works Director) l Regular Meeting of the Milton City Council Monday, September 17, 2012 at 6:00 pm Page 3 of 13 12. Approval of the Acquisition of 1,499.79 SF of Permanent Construction and Maintenance Easement at 19055 Providence Road from 19055 Providence LLC for a Total Combined Purchase Price of $2,400. (Agenda Item No. 12-241) (Carter Lucas, Public Works Director) 13. Approval of the Acquisition of371.11 SF of Right of Way, 5,506.62 SF of Permanent Construction and Maintenance Easement, at 130 Providence Oaks Point from Christopher and Amber Copp for a Total Combined Purchase Price of $11,700. (Agenda Item No. 12-242) (Carter Lucas, Public Works Director) 14. Approval of the Acquisition of 1,247.47 SF of Right of Way, 5,434.51 SF of Permanent Construction and Maintenance Easement at 12655 New Providence Road from Panayotis and Zoe Theofandis for a Total Combined Purchase Price of $17,500. (Agenda Item No. 12-243) (Carter Lucas, Public Works Director) 15. Approval of an Intergovernmental Agreement between the City of Milton, Georgia and the Georgia Department of Transportation for the Use of Local Maintenance and Improvement Grant Funds. (Agenda Item No. 12-244) (Carter Lucas, Public Works Director) 16. Approval of the following plats: l Name of Development Action Comments The Preserve @ North Valley Revision I. Revise property lines between lots 1,2, and 3 2. Renumber remaining lots 3. Remove water vault and easements lot 3 4. Remove hydrant on lot 3 5. Add new owner information 6. Revise addresses lots 2 and 3 7. Remove grass channel easement lot 3 Deerfield Green II Revision 1. Revise lots 412-452 2. Remove lot 456 3. Add lot table Clearbrooke II Revision 1. Revise property lines between lots 9 and 10 Kingsley Estates Phase I Unit 2B Final Plat 1. Create 6 lots Vickery Crest II Final Plat 1. Create 9 lots Vickery Crest III Final plat 1. Create 6 lots l Regular Meeting of the Milton City Council Monday, September 17, 2012 at 6:00 pm Page 4 of 13 J Braeburn II Revision 1. Revise property line between lot 11 and common area Braeburn III Revision 1. Remove LS easements lots 49 and 50 (Agenda Item No. 12-245) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Large moved to approve the Consent Agenda. Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. REPORTS AND PRESENTATIONS I. Proclamations Recognizing Constitution Week Presented to the Daughters of the American Revolution and the Sons of the American Revolution. (Presented by Councilmember Bill Lusk) 2. Proclamation Honoring Milton High School Girls' Lacrosse Team Day. (Presented by Councilmember Karen Thurman) FIRST PRESENTATION J 1. Approval of an Ordinance to Amend Chapter 12, Article II, of the Code of the City of Milton, Georgia to Require Pain Management Clinics to Obtain a Pain Management Clinic Occupation Tax Certificate and Other Regulations. (Agenda Item No. 12-246) (Ken Jarrard, City Attorney) (Discussed at September 10, 2012 Work Session) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Item Agenda Item No. 12-246. Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. SECOND PUBLIC HEARING I. Approval of an Ordinance to Adopt Amendments to the Fiscal 2012 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 J' to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 12-219) (Stacey Inglis, Finance Director) (First Presentation and First Public Hearing at September 5, 2012 Regular Council Meeting) l l l Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 5 ofB Stacey Inglis, Finance Director: This is simply to revise the departmental budgets to bring them in line with what we have actually expensed or collected in revenue which ends September 30, 2012. For the General Fund, there is an expenditure appropriation increase of $271 ,050 to cover the architectural services for the Public Safety Building that is transferred out of the Capital Projects Fund. The Special Events Fund accounts for the expense of the hotel/motel excise tax that we collect which goes towards special events that the city holds. The adjustments in this fund are $1,469.00 in revenues. The Confiscated Assets Fund is created to account for the expenditures and revenues of seized drug funds. The revenues are increasing by $16,888.00 to account for revenues that we have received so far. Expenditures have also increased by that much to account for the expenses so far. In the Operating Grant Fund there is an expenditure and revenue increase of $20,805.00 which is to account for grants we have received and expenditures that go along with those. The HotellMotel taxes are coming in higher than we anticipated. There is an increase in the fund of $12,000 in revenues. That money will be transferred out into the Special Events Fund to pay for some of the events we have had this year. There are several revenue increases and decreases in the Capital Projects Fund. This fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance. The total revenues have increased by $262,962.00. Expenditures have also increased by that amount. The majority of the increase is to cover the architectural services for the Public Safety building. 2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2013 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. 12-220) (Stacey Inglis, Finance Director) (First Presentation and First Public Hearing at September 5,2012 Regular Council Meeting) Chris Lagerbloom, City Manager: This will be the final public hearing for the 2013 Fiscal Year Budget. It is a budget with revenues of$18,338,110.00 and expenditures of $20,408,894.00. It shows that we are using reserve funding of $2,070,784.00. That will be removed from our Fund Balance which we anticipate will close the fiscal 2012 year at $8.5 million. So we will take that $2 million away from that $8.5 million for some one time capital projects. Such as, Public Safety communications, improvements to the Hopewell House, and potentially some sidewalk enhancements. This budget is the exact same document that you have seen and the exact same document that came out of the work session with three changes. Those three changes are: Add $12,000 of funding to conduct a hazardous waste recycling day. Add $250,000 for sidewalk construction. Add $35,000 for an Economic Development Coordinator. This budget does not contemplate any increase or decrease from the LOST negotiations. This is the fifth time you have seen this budget. Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 60f13 Tonight, we have provided you with the pages that have changed since the last time you saw the budget. ] Mayor Pro Tem Bill Lusk: Regarding the Economic Development Coordinator, I would agree to providing the funding for this position provided that the savings are available in the budget. Councilmember Thurman: When citizens see our budget, they may wonder why our revenues are less than our expenditures for the upcoming budget. However, we need to remember that what we are spending the difference on is one time type items, not reoccurring items, and that the GMA recommends an 18% reserve fund which would only be a little over $3.5 million and our reserve fund will be closer to $6 million even after all this so we are still well above what the GMA recommends. Councilmember Large: I am all for the Economic Development Coordinator; however, we do need to focus on what we are trying to portray Milton as and incorporate the branding of the city as we have previously discussed. We need a clear vision of what this position will do. Mayor Pro Tem Lusk: We are working on ajob description now and clear goals and objectives will be formulated. City Manager Lagerbloom: Yes, if you agree to fund this position there will be a formalized process that we will go through to find ] the right person for this job. Zoning is transcribed verbatim ZONING AGENDA 1. ZM12-02NC12-0S -5304 Windward Parkway (Panera Bread), Applicant ArcVision, Inc. to request the Following Conditions of ZM08-04 be Modified to the Following for the Purpose of a New Drive Through for Panera Bread: 2a. To the site plan received by the Community Development Department on September 4, 2012. Said site plan is conceptual only and must meet or exceed the requirements ofthe Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. The Applicant is also Requesting the Following one part Concurrent Variance: 1) To allow four additional wall signs. [Sec. 64-2324 (i)]. (Agenda Item No. 12-221) ]ORDINANCE NO. 12-09-148 (Kathleen Field, Community Development Director) (First Presentation at September 5, 2012 Regular Council Meeting) l l l Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 7 of 13 Kathy Field, Community Development Director: Thank you Mr. Mayor Pro Tern and members of the City Council. The first slide shows to you the site plan for the zoning modification and concurrent variance application. Subject site contains 2.324 acres. Current zoning is C-l, Community Business, pursuant to RZ96-127 for a total of $262,500 square feet which includes the Home Depot store. So, if you could just imagine, this was essentially the master zoning for this whole site. We are looking to modifY just a section of it as identified on the site plan. The applicant seeks a modification to the site plan to allow a drive-through for Panera Bread and a 390 square foot serving kitchen. Also seeks a concurrent variance to allow a total of three additional wall signs. This number is based on the revised request of the applicant from four to three signs. The site was modified in 2008 pursuant to a zoning mod. 08-04 to demolish an existing restaurant and develop the current 17,097 square foot shopping center. The overall density is not exceeded pursuant to RZ96­ 127. The overall shopping center is developed with sidewalks, landscape strips, and lighting. This was the original site plan for this site. Again, part of the master zoning but for this particular site right here is what we are concerned about. It was approved in 2008. This is the revised site plan showing on it, on the north side of Pan era Bread, a proposed drive-in facility. In terms of the analysis of this zoning modification as well as the concurrent variance, staff found that there are currently 111 parking spaces on the site. Nineteen spaces are planned to be removed and fifteen to be replaced or repositioned. The plan, therefore, indicates a net loss of four parking spaces based on the table below. If you look at the table below in terms of the parking requirements for each of the businesses within the shopping center, you will find that, and also excluding a 5% for the public transportation reduction, you will find that there are 107 spaces which is exactly the number of spaces that are required even with the removal of the four spaces, 107 works. The submitted site plan is in compliance with the requirements of the zoning ordinance for parking. The Public Works Department has reviewed the plan and based on previous comments the applicant has complied with their request regarding the position of the parking spaces. The Public Works Department also required that a condition be included at the entrance drive at Windward Parkway be modified to include signage and striping to restrict turning movements to right in and right out as approved by Milton Public Works. The Community Development Department will also require the applicant obtain a land disturbance permit prior to construction of proposed improvements. Based on staff's analysis, the applicant's request is in harmony with existing and proposed regulations and the general purpose and intent of the zoning ordinance. Therefore, staff recommends approval conditional of the proposed modification of zoning condition 2A. In terms of the concurrent variance to allow four additional wall signs, the applicant is now requesting three drive-through signs adjacent to the Panera Bread signs. This is one less than the original request. Essentially, each sign will go on one elevation; to the south elevation, to the east elevation, to the north elevation. They will range in size from eight to twelve square feet. Master Signage Plan. In February 2012, the council approved a major revision to the sign ordinance to allow master signage plans for multi-tenant buildings and developments. The applicant has submitted a Master Signage Plan for the site. The plan indicates the existing and proposed signs as well as the placement of each sign. Staff knows that new ground signs shall not be internally illuminated. The other ordinance only requires plans to be reviewed by the council at the time of rezoning or use permit or by the Community Development Director. Staff is providing the information for your review and approval concurrent with the zoning modification. A condition of zoning will be included to approve the submitted signage plan. Conclusion. Based on staffs recommendation for the proposed drive-through and concurrent variance for the three additional wall signs, staff recommends approval conditional for ZM12-02 and VC12-05. The condition should be approved as indicated on page eight of the staff report with exception to condition 3B which should read as follows: to allow three additional Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 8 of 13 wall signs. That is the end of my presentation Mr. Mayor Pro Tern and I am certainly available for any]' questions. Councilmember Thurman: I just have one question. Right now there are some vacant spaces in that building. If that was to be, if someone was to come in and want to put another eating restaurant or another eating establishment in, how would that affect things with the parking being different, I know, for restaurants than it is for retail. Kathy Field: Robyn, why don't you take that since you did the analysis. Robyn MacDonald, City Planner: I asked the owner of the development, I said there was no more room for another restaurant and his agreement with Panera there can't be any more than one other restaurant so he understands that the lease of that space shall be retail or office. We would not approve it if somebody submitted it. Councilmember Thurman: And, I guess you always have the overflow of parking right there at Home Depot if it ever needed to be so it is not like they would have to walk across Windward Parkway for parking. Mayor Pro Tem Lusk: I have a question. The right turn in and right tum out is that from approaching the Home Depot parking lot? J Carter Lucas, Public Works Director: That's right. Essentially, it's what I consider the back entrance to Home Depot right off Windward Parkway. It is already configured as a right-in right-out. What we are looking for is just some additional signage and striping to really confirm that. That is really one of the one places that we get some complaints about illegal tum movements with people coming out and turning left. And, it is an odd situation where it's private property in the City of Alpharetta so there's not a lot we can do about it. But, I think we can resolve that issue to some degree with this condition. Mayor Pro Tem Lusk: I see that as a problem practically everywhere in violation of right turn in right turn out. Are there any methods or means we can use to prohibit a left turn in in cases like that without putting up a New Jersey barrier or something. Carter Lucas: Really, you know, it is all in the configuration of the island and the entrance and probably without significant reconfiguration of that as well as the median cut and it is going to be difficult to do particularly since the City of Alpharetta. Mr. Doug Kirby, 4191 Pleasant Hill, Duluth, GA 30096 J Mr. Mayor Pro Tern and City Council and staff. I am Doug Kirby with Core States Group. I represent their applicant ArcVision as well as Panera Bread. We have worked extensively with staff to come to this conclusion and these conditions and we are in agreement with 2.11 those and I am really here just to answer any questions that you may have if there's any. l Regular Meeting of the Milton City Council Monday, September 17, 2012 at 6:00 pm Page 90f13 Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-221 with the approval of three (3) additional wall signs instead of four (4) subj ect to staff recommendation. Councilmember Large seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. End o/Verbatim Transcription UNFINISHED BUSINESS 1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2012 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. 12-219) ORDINANCE NO. 12-09-146 (Stacey Inglis, Finance Director) (First Presentation and First Public Hearing at September 5,2012 Regular Council Meeting) (Second Public Hearing at September 17, 2012 Regular Council Meeting) l Stacey Inglis, Finance Director: We ask that you approve the budget amendments as presented during the first and second public hearings. I will be happy to answer any questions. Councilmember Kunz: I just wanted to say, "Good Job." I have been impressed with the staff and how hard you have worked on it. Thank you, also, for considering our requests and making the changes. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-219. Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. 2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2013 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. 12-220) ORDINANCE NO. 12-09-145 (Stacey Inglis, Finance Director) (First Presentation and First Public Hearing at September 5,2012 Regular Council Meeting) (Second Public Hearing at September17, 2012 Regular Council Meeting) l Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page lO of 13 Chris Lagerbloom, City Manager: The one that you just approved was the cleaning up of the 2012 budget. This is the 2013 budget. They go hand in hand. If you approve this budget, I would like to say, "thank you" on behalf of the staff and public safety and fire employees since you will be approving a market adjustment salary increase. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-220 with additional language that states, "and directing staff to add funding in the amount of $35,000 for the purposes of funding an Economic Development Coordinator and also reduce expenditures by the same amount from employee healthcare insurance and/or employee dental insurance costs as actual costs are determined through the open enrollment process, recognizing staff has identified savings in excess of $35,000 at the time this motion is made." Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. 3. Approval of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton City Code. (Agenda Item No. 12-222) ORDINANCE NO. 12-09-147 (Kathleen Field, Community Development Director) (First Presentation at September 5, 2012 Regular Council Meeting) Kathleen Field, Community Development Director: Recently, there have been amendments to the zoning ordinance, the open records act, as well as a need to adjust certain fees to be consistent with other jurisdictions. So, we are proposing changes to several fees which I would like to review with you at this time. In terms of public records copying, based on the new state law we are not permitted to charge more than ten cents per page for an 8 ~by 11 inch black and white piece of paper. We will need to reduce the amount of colored copies based on the state law from 35 cents to 25 cents per page. And, to charge $15.00 each for copies to a jump drive. Under Chapter 10, under Swimming Pools and Site Fees, we propose to reduce the site review fee for a swimming pool plan from $350.00 to $100.00. We feel that $100.00 is adequate based on other jurisdictions. The permit fee for swimming pools has been based on the value of the pool. We propose a flat fee of $250.00. Under Chapter 10, under site fees for Deck Addition, Pool House, Garage, and Screen Porch we suggest this fee be reduced from $350.00 to $100.00. Regarding the Certificate of Appropriateness by the Historic Preservation Commission, we propose a change in sequence to the process for actions by either of these boards, whether it be the DRB or HPC, in that currently, the HPC is just getting going, in a sense, but they will be issuing Certificate of ] J J... Appropriateness in historic districts. Right now, however, the DRB issues Certificates of Endorsement as their review function. Their review function is incorporated right now within the building permit process. l Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 11 of 13 This means an applicant needs to submit his application in a very detailed set of designs to have it adequate for a building pennit and then only at that point does he get the opportunity to have it reviewed by the DRB. Therefore, he has put in a lot of detail and has gone far down the road with a lot of design work. So, when it gets to the DRB, a lot of work has already been done, and then the DRB makes changes so the applicant really has to go back and redesign the entire plan. In most communities, the way the design function works and the process that takes place is that during the building pennit application phase, which does not require a great amount of detail, the DRB or HPC reviews it. Therefore, any changes that need to be made can be made at that point before a great amount of detail work has been done by the applicant. This will also cut down on our building pennit process because many times we are waiting on the DRB or HPC approval before the pennit is issued. I would like to separate these two approval processes and propose that the design function be done first followed by the submission for the building pennit. Based on other jurisdictions, we feel that a $350.00 review charge would be fair to charge applicants to go before the Design Review Board and, in the future, the HPC. l Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-222. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. NEW BUSINESS 1. Approval of a Resolution to Approve the Transmittal of an Application to Fulton County for Community Development Block Grant (CDBG) Funds to Renovate the City Property at 15690 Hopewell Road for Use as a Senior Center. (Agenda Item No. 12-223) RESOLUTION NO. 12-09-230 (Michele McIntosh-Ross, City Planner) (Public Hearing at September 5, 2012 Regular Council Meeting) Michele McIntosh-Ross, City Planner: As you know, the city owns the property at 15690 Hopewell Road. It is a 2.5 acre property and is commonly known as the Hopewell House. It is one of the oldest structures in Fulton County and significant renovations are needed to meet building safety requirements for public use. In August 2012, a cost estimate was conducted to detennine the amount of funds it would take to renovate this property for public use which was detennined to be approximately $699,000. There are funds available through the Community Development Block Grant program that can be used to supplement these funds for use as a Senior Center. In Milton, there are over 3,000 senior residents accounting for about 10% of the city's population. Therefore, there is a need for a senior center in the city. There was a public hearing on September 5th to discuss the use of these CDBG funds to renovate this property. L Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 12 of 13 I bring a resolution before you tonight because the city would like to submit an application to Fulton ] County for funds. The funds that were discussed at the public hearing were $170,070.00. The exact number that will be given to the City of Milton would be $161,250.00. We would like to make that amendment to the resolution that the city seeks to apply for funds in the amount of$161,250.00. We would appreciate your approval of this with the amendment. Councilmember Kunz: What is the process after 2014? Do we have to reapply for the grant? Michele McIntosh-Ross: Correct. If we want additional funds we can reapply. Councilmember Kunz: Is it every three years? Michele McIntosh-Ross: Yes, usually it is in 3-year cycles. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-223. J. Councilmember Longoria seconded the motion. The motion passed (5-1). Councilmember Kunz was opposed. Mayor Joe Lockwood was absent from the meeting. 2. Approval of an Intergovernmental Agreement with MARTA for the Use of Offset Funds for the Installation of Sidewalks. (Agenda Item No. 12-247) (Carter Lucas, Public Works Director) Carter Lucas, Public Works Director: In 2009, the city received a $613,000.00 grant for enhancements to the MARTA transportation system. At that time, we had approved seven projects ranging from paving of the bus routes, acquisitions of parks, lighting, sidewalks, and bus shelters. Over the past couple of years, we have been working our way through the list. We had gotten to the final three projects that were eligible; installation of gateway signage and streetscape, bus shelters, and sidewalk connections. At a previous meeting, we were directed that probably the most benefit we could receive was to look at our sidewalk connections with the remainder of the funds available which is $177,355.00. This agreement has our recommendations for that request. We identified seven sections which are within a half mile of the bus routes. Of these seven sections, we looked at the areas that did not have existing sidewalks on either side of the J. road. The first project is on Webb Road in between Highway 9 and Cogburn Road. There is a gap on the north side of the road. The other project is Cogburn Road across Windward Parkway near Rhodes Plantation Subdivision there is a gap in that section. l Regular Meeting of the Milton City Council Monday, September 17,2012 at 6:00 pm Page 13 ofl3 Both of these projects are eligible under this grant. Our cost estimates for these projects exceed the available funds. We are asking in this agreement to go ahead and allow us to conduct some design work and bid these projects out to see what the cost estimates would be. We are asking for your approval tonight so we can move forward with this project. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 12-247. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to adjourn the Regular Council Meeting at L 7:33 p.m. into Executive Session to discuss land acquisition. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent from the meeting. Councilmember Hewitt left the Regular Council Meeting after adjournment into Executive Session and; therefore, did not attend the Executive Session. RECONVENE Motion and Vote: Councilmember Large moved to reconvene the Regular Session at 7:40 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Mayor Joe Lockwood and Councilmember Hewitt were absent from the meeting. ADJOURNMENT (Agenda Item No. 12-248) Motion and Vote: Councilmember Thurman moved to adjourn the Regular Meeting at 7:41 p.m. Councilmember Large seconded the motion. The motion passed unanimously (5-0). Mayor Joe Lockwood and Councilmember Hewitt were absent from the meeting. After no further discussion the Regular Council Meeting adjourned at 7:41 p.m. Date Approved: October 15, 2012. Sudie AM Gordon, City Clerk Joe Lockwood, Mayor l STATE OF GEORGIA ) ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS ) l 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 its Regularly Scheduled Council Meeting held on September 17, 2012, 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. ~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.e.G.A, 50-14-3(b)(l)(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 l public pursuant to O.C.G.A. 50-14-3(b)(2); 3. __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. SWORN TO AND SUBSCRIBED before me ... \"'''''''''',,\ SAM Gill,,, this 17th day of September, 2012. .t.... ...~t8Si"?"9:'~ .... 0'.'''' 0...... '"" ,S:o I~ NO?:~ ~':. ~~ _ VI. ~ ~ _. _) ~ ~ ""AI.... "C~ _ "" I(l nr :~\~ 'ts~;- ~j ~ . ~Sa L", .:'t'­Notary PublIc .0;. ~'.;-91-,.., ,. / $' .:­.. E . '-0 •....so. 20 ••' ~ .:­My CommlSSlOn xpues' r, ~ ........ 0 ....· ~ • 1"11 ""Tv G~\\",.,.""",'..,'\\ l