HomeMy WebLinkAboutMinutes CC - 10/07/2013 - MINS 10 07 13 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, October 7, 20) 3 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 October 7, 2013
at 6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Reverend Calvin Odhner, Morning Star Chapel , Milton, Georgia
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLLCALL
Councilmembers Present: COW1cilmember Thurman, COW1cilmember Kunz, Councilmember Lusk,
Councilmember Hewitt, Councilmember Longoria and Councilmember Large.
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
(Agenda Item No. 13-221)
Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following
changes:
• Add presentation for COW1cilmember Lance Large.
COW1cilmember Kunz seconded the motion. The motion passed unanimously (7-0).
PUBLIC COMMENT
Regular Meeting of the Milton City Council
Monday, October 7, 20 J 3 at 6:00 pm
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CONSENT AGENDA
1. Approval of the September 9, 2013 Work Session Meeting Minutes.
(Agenda Item No. 13-222)
(Sudie Gordon, City Clerk)
2. Approval of the September 16, 2013 Regular City Council Meeting Minutes.
(Agenda Item No . 13-223)
(Sudie Gordon, City Clerk)
3. Approval of a Professional Services Agreement between the City of Milton and Qk4, Inc. to
Provide Right of Way Services for Intersection Improvements at the Hopewell Road
Birmingham Road Intersection.
(Agenda Item No. 13-224)
(Carter Lucas, Public Works Director)
4. Approval of the Acquisition ofa 0.529 Acre Remainder Parcel at 13795 Birmingham Highway
from Margaret E. Dimsdale for a Total Purchase Price of$30,000.
(Agenda [tern No . 13 -225)
(Carter Lucas, Public Works Director)
5 . Approval of an Addendum to the Construction Services Agreement between the City of Milton
and Baldwin Paving Company, Inc. for the FY 13 Road Reconstruction and Resurfacing
Projects.
(Agenda Item No. 13-226)
(Carter Lucas, Public Works Director)
6. Approval of a Professional Services Agreement between the City of Milton and Atkins North
America, Inc. to Provide Preliminary Engineering -Concept Phase for Crabapple Streetscape
Project.
(Agenda Item No. 13-227)
(Carter Lucas, Public Works Director)
7. Approval of a Professional Services Agreement between the City of Milton and Pond &
Company for SR 9 (Alpharetta Highway) at Bethany Bend Intersection Concept Study.
(Agenda Item No . 13-228)
(Carter Lucas, Public Works Director)
8 . Approval of a Professional Services Agreement between the Ci ty of Milton and Industrial
Facilities Solutions, LLC for Storm water Structure Repairs on Mountain, Dorris and Darby
Roads.
(Agenda Item No. 13-229)
(Carter Lucas, Public Works Director)
9. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City's
Financial Statements for the Fiscal Year Ending September 30, 2013.
(Agenda Item No. 13-230)
(Stacey Inglis, Assistant City Manager)
Regular Meeting of the Milton City Council
Monday, October 7, 2013 at 6:00 pm
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Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember
Lusk seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS
1. Presentation of State Certification Award to the City of Milton Police Department.
(Presented by Mayor Joe Lockwood & Chief Billy Grogan ofthe Dunwoody Police Department)
Mayor Joe Lockwood
The Georgia Association of Chiefs of Police Georgia Law Enforcement Certification Program (GACP)
has re-certified the Milton Police Department. In order for the state to certify or re-certify a law
enforcement agency, the agency must meet a set of 129 law enforcement standards, which are reviewed
by a team of assessors from across the state. Milton Police Department hosted the assessors in July of
2013 and received the approval for re-certification last week. To complete the agency's re-certification,
a team of assessors was on-site for two days, reviewing agency policies, practices & procedures. The
assessment is an in-depth look at everything the agency does -ranging from records information and
management, equipment used, officer training and practices, to agency policy and procedures. I would
like to introduce Chief Grogan from the Dunwoody Police Department who will be presenting this
award to the City of Milton Police Department.
Chief Billy Grogan, Dunwoody Police Department
I am happy to be here tonight representing the Georgia Association of Chiefs of Police Georgia Law
Enforcement Certification Program (GACP). I am the fourth Vice President of the Chiefs of Police.
The State Certification Program identifies standards that are felt to be essential to the efficient and
effective operation of law enforcement agencies. Participating agencies are expected to implement all
applicable standards. Some standards do not apply to all agencies and waivers may be attained in some
circumstances. The standards provide a detailed blueprint for professional law enforcement. They are
credible, realistic, flexible, effective and under constant review. The standards incorporate
contemporary, professional thought and practices in Georgia Law Enforcement. If followed, the goal of
increasing the effectiveness and efficiency of the agency seeking certification will be met. The Milton
Police Department has completed five of the six steps in the certification process. The amount of time
an agency takes to complete the process varies depending on the amount of work that needs to be
accomplished and the time that can be committed to the task of drafting and implementing new
procedures. The steps of the certification process are as follows: application, policy development and
compliance, assessment, Joint Review Committee approval, and award ceremony. Only step six
remains which is ongoing compliance monitoring. As you can see, the state certification program is
earned by a law enforcement agency that prepares and follows these policies, procedures and processes.
These are considered best practices for Georgia Law Enforcement. Of the more than 700 law
enforcement agencies in Georgia only 103 agencies have achieved this status. State certification shows
that the Milton Police Department has illustrated professionalism in law enforcement. To achieve state
certification, the Milton Police Department had to meet 129 standards covering eight areas essential to
effective law enforcement. Proof of compliance with these standards must be provided to state certified
assessors that make an onsite visit to the agency seeking state certification . All standards that are not
waived must be met. The assessor's report is reviewed by the Joint Review Committee which is made
up of representatives of other law enforcement agencies. The Joint Review Committee must approve the
Regular Meeting of the Milton City Council
Monday, October 7,2013 at 6:00 pm
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report before an agency can achieve state certification. This is the re-certification of the Milton Police
Department which is quite an achievement. When an agency receives their first certification they
establish their policies and procedures. When they receive re-certification, it means that they have
adhered to the policies and procedures they established.
FIRST PRESENTATION
1. Consideration ofU13-02NC13-03 -Deerfield Parkway (West Side), Crescent Communities,
LLC. for a Use Pennit to Allow the Construction of256 Multi-family Residential Units and
Related Accessory Uses (Sec. 64-1839) and a 2-part Concurrent Variance to 1) Provide 100% of
the Site for Apartments (Chapter 64, Division 5.A, 4.6.6.a.ii) and 2) to Delete the Requirement to
Provide a Minimum of 300 Cubic Feet of Separate Contiguous Storage Space Shall be Provided
to Each Dwelling Unit.
(Agenda Item No. 13-23J)
(Kathleen Field, Community Development Director)
2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial
Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other
Public Entities.
(Agenda Item No. 13-232)
(Stacey Inglis, Assistant City Manager)
Chris Lagerbloom, City Manager
For the record, regarding First Presentation Agenda Item No. 13-231, the Fiscal Impact Model
contains a calculation error. Staffentered 2015 for the year that the project will be completed
instead ofthe number ofyears it will take to complete. Therefore, the model was incorrectly
calculated.
Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
PUBLIC HEARING (None)
ZONING AGENDA (None)
Regular Meeting of the Milton City Council
Monday, October 7, 2013 at 6:00 pm
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UNFINISHED BUSINESS
1. Consideration ofT13-02NC13-0S -13700 Highway 9 -New Cingular Wireless, PCS,
LLC (alk/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)(l). 2) Reduce the
20 Foot Required Landscape Strip to 10 Feet (currently existing) (Sec. 54-6 (e).
(Agenda Item No. 13-216)
ORDINANCE NO. 13 -10 -188
(First Presentation at September 16, 2013 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Chris Lagerbloom, City Manager
This is the first opportunity for you to consider a tower modification as part of the ordinance we adopted
in recent months. This is regarding colocation by either increasing the height of an existing tower or
removing a tower and replacing it at another location. The applicant has demonstrated that there are
coverage issues. This request is to increase the size of the tower that already exists at 175 feet. The
applicant wants to raise the tower to 185 feet. The two variance requests are to maintain the tower that
currently exists. The towers were not built under the City of Milton code so the variances are needed to
meet the requirement of our code. The applicant is asking for your approval to increase the height of the
existing tower by 10 feet. The tower will not be lit because of this increase.
PUBLIC COMMENT
Melissa Perignat, Holt Ney Zatcoff & Wasserman, LLP, 100 Galleria Parkway, Suite 1800,
Atlanta, GA
I am representing AT&T in connection with this application.
There is not any more to add to the discussion.
We are only asking to increase the height of the tower by 10 feet and allow it to maintain in its current
condition which would require the variances.
Additionally, we want to thank the City Staff for all their cooperation and work they have done working
on a new wireless ordinance this summer.
We are pleased to be the first application to go through this process.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-216.
Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, October 7,2013 at 6:00 pm
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NEW BUSINESS
1. Consideration of a Waiver of Conflict affinnatively waiving any actual or potential conflict
related to Jarrard & Davis, LLP's fonner service to the Charter Commission -upon which Mr.
Wallace was a member -and Jarrard & Davis, LLP's present representation of the City against
New Providence, LLC, an entity with whom Ron Wallace may have an interest, and otherwise
directs Jarrard & Davis, LLP to continue advancing the City's interests in condemnation case,
City of Milton v. 0.430 acres ofland et aI., Civil Action File No. 2013CV227053.
(Agenda Item No. 13-233)
(Ken Jarrard, City Allorney)
Chris Hamilton, Jarrard & Davis
This is simply a Waiver of Conflict. We want the City Council to know that Mr. Wallace was on the
Charter Commission and we represented the Charter Commission. Mr. Wallace may have an
interest in New Providence LLC regarding land that was condemned in this particular case. We
request that the Waiver of Conflict be granted to the extent that there is any conflict.
Motion and Vote: Council member Hewitt moved to approve Agenda Item No. 13-233.
Councilmember Large seconded the motion. The motion passed unanimously (7-0).
2 . Consideration of a Resolution to Authorize the Mayor and City Council to Approve the
Submission of the Letter of Interest for the Congestion Mitigation and Air Quality Program to
the Atlanta Regional Commission in Partnership with Alpharetta, Georgia.
(Agenda Item No. 13-234)
RE OLUTTON NO. 13 -10 -270
(Chris Lagerbloom , City Manager)
Chris Lagerbloom, City Manager
This was brought to us by the City of Alpharetta. It is a grant they want to apply for that would
complete the funding for the Windward Parkway Phase II. This intersection improvement would
extend three lanes west to Deerfield Parkway. The North Fulton CID gave a presentation at our last
meeting indicating that the total cost of the project is slightly less than $5 million. There has been
some funding secured at the state level. Alpharetta took the lead to find this grant and they
suggested that we might be interested in partnering with them. We have seen in the past that a city
has a better chance of receiving a grant if the application is in a partnership with another city. Carter
Lucas, Public Works Director, and I looked at the traffic pattern in the area of the projected
intersection improvement and concluded that the improvement would have a positive impact on
Milton. The data does not support a 50/50 split but it does support a split in the matching funds on a
60/40 basis. This would be a Milton match of$213,600. This is a fairly reasonable investment on a
$5 million project. We are asking for your approval to authorize a Letter of Interest. This is just the
first step in a series of steps before we would ask you to approve this funding.
Regular Meeting of the Milton City Council
Monday, October 7, 2013 at 6:00 pm
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Bill Lusk, Councilmember
I think this is a good opportunity to collaborate with the City of Alpharetta.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 13-234.
Council member Thurman seconded the motion. The motion passed unanimously (7-0).
3. Consideration of a Settlement from Consent Final Order and 1 udgment of the Condemnation of
0.430 Acres of Right of Way and 0.296 Acres of Pennanent Construction and Maintenance
Easement and 0.019 Acres of Temporary Construction Easement on Parcel 4 from New
Providence LLC, and Arthur E . Ferdinand as Fulton County Tax Commissioner in the Amount
of $125,000.
(Agenda Item No. 13-235)
(Ken Jarrard, City Atlorney )
Chris Hamilton, Jarrard & Davis
This agenda item coincides with the previous Conflict of Waiver. We believe that this is a good
resolution to this condemnation case and we are asking for your approval.
Karen Thurman, Councilmember
Is this the last parcel in this intersection improvement?
City Manager Lagerbloom
Yes, it is. This is the final acquisition for the Binningham HighwaylProvidence Road intersection
improvement. This settlement agreement eliminates the City of Milton from any additional funding
requirements in the future regarding this parcel. We have settled this dispute with good faith on both
sides of the agreement. We can now move forward with the intersection improvement.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-235. Councilmember
Thurman seconded the motion. The motion passed unanimously (7-0).
4. Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board
by Appointing a Board Member for District 1/ Post 2 .
(Agenda Item No . 13-236)
RE SOLUTION NO. 13-10-27 1
(Mayor Joe Lo ckwood)
Burt Hewitt, Councilmember
I would like to ask your consideration for an appointment on the Milton Design Review Board.
However, first of all, I would like to thank Karl Haase for the time that he has given us on the Design
Review Board. He is leaving the board to pursue other interests.
Therefore, Richie 10hnson has agreed to take Karl's position on the board.
Richie is from Georgia and graduated from the University of Tennessee with a B.A. in Political Science .
Regular Meeting of the Milton City Council
Monday, October 7,2013 at 6:00 pm
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With ten years ' experience in the public, private, and non-profit sector he currently works in
telecommunications.
He is active in multiple Chamber of Commerce committees across the state and serves on the Crabapple
Community Association as a Board of Director.
He is married to Allison, a first grade teacher.
They live in Crabapple and have a newborn son , Tripp.
They attend Alpharetta First United Methodist Church .
I am asking for your consideration to appoint Richie Johnson to the Milton Design Review Board.
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 13-236.
Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).
MA YOR AND COUNCIL REPORTS
ST AFF REPORTS
EXECUTIVE SESSION (None)
ADJOURNMENT
(Agenda Item No . 13 -237)
Motion and Vote: Councilmember Thurman mo ved to adjourn the Regular Meeting at
6:55 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
After no further discussion the Regular Council Meeting adjourned at 6:55 p.m.
Date Approved: October 21 , 2013.
Sudie AM Gordon , City Clerk Joe Lockwood , Mayor