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Home My WebLink AboutMinutes CC - 11/04/2013 - MINS 11 04 13 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, November 4, 2013 at 6:00 pm Page I of7 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 Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, and Councilmember Longoria. Councilmembers Absent: Councilmember Thurman PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-255) Motion and Vote: Council member Kunz moved to approve the Meeting Agenda with the following changes: • Remove Agenda Item 13-264 "ABL for ALAR Enterprises (Chevron Food Mart)" due to applicant 's inability to get the signs placed timely, Public Hearing is scheduled for November 18th. • Add an Executive Session to Discuss Land Acquisition and Real Estate . Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman was absent from the meeting. Regular Meeting of the Milton City Council Monday, November 4,2013 at 6 :00 pm Page 2 of7 PUBLIC COMMENT CONSENT AGENDA 1. Approval of the October 14, 2013 Work Session City Council Meeting Minutes. (Agenda [tern No. 13-256) (Sudie Gordon, City Clerk) 2. Approval of the October 16,2013 Special Called City Council Meeting Minutes. (Agenda Item No. 13-257) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for a Geotechnical Evaluation. (Agenda Item No. 13-258) (Carter Lucas, Public Works Director) 4. Approval of a Professional Services Agreement between the City of Milton and Planners and Engineers Collaborative, Inc. for the Design of Dam Rehabilitation Measures for the Mayfield Road Dam. (Agenda Item No. 13-259) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement between the City of Milton and Highway Markings, LLC. for the Placement of Thermoplastic Road Markings in Various Locations throughout Milton. (Agenda Item No. 13-260) (Carter Lucas, Public Works Director) 6. Approval of the following Subdivision Plats: Name of Development Action Comments Six Four Zero Dorris Road, LLC Minor Subdivision Plat Revision Create two lots Heritage at Crabapple Final Plat Create 63 lots Braebum, Phase IV Final Plat Revision #3 Add units 125-132 Braeburn, Phase IV Final Plat Revision #2 Add units 134-136 Henderson Landing Final Plat Revision Revised lot lines on lots 26 & 27 Deerfield Green Phase 3 Final Plat Revision Add 37 lots Hidden Forest Final Plat Revision Revise lot lines on lots 1-15,42-57,75-91 & 99-105. Remove lots 7,14,15,58 & 106 (Agenda Item No. 13-261) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, November 4, 2013 at 6:00 pm Page 3 of7 Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember KWlZ seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman was absent from the meeting. REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Pancreatic Cancer Awareness Month. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing National American Indian Heritage Month. (Presented by Mayor Joe Lockwood) 3. Proclamation Recognizing Veterans Day 2013. (Presented by Councilmember Bill Lusk) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-262(a)(2) to Provide for Piggybacking from Contracts of other Public Entities that have been Renewed or Extended. (Agenda Item No. 13-262) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Item. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman was absent from the meeting. PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Taziki's Mediterranean Cafe, Located at 5306-B Windward Parkway, Milton, Georgia 30004. The Applicant is Mike Hoffman -Consumption on Premises -Wine and Malt Beverages. (Agenda Item No. 13-263) (Stacey Inglis, Assistant City Manager) Regular Meeting of the Milton City Council Monday, November 4,20 I 3 at 6:00 pm Page 4 of7 Stacey Inglis, Assistant City Manager This is a new establishment in Milton that will be located next to Ichiban Steakhouse. The applicant has followed all of the requirements of our ordinance and staff recommends approval. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-263. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman was absent from the meeting. The folio wing Agenda Item No. 13-264 was removedfrom the Agenda by Motion and Vote during Approval of Meeting Agenda. 2. Consideration of the Issuance of an Alcohol Beverage License to ALAR Enterprises, LLC d/b/a Chevron Food Mart, Located at 13021 Deerfield Parkway, Milton, Georgia 30004. The Applicant is Allauddin Madhani -Retail Package Sale -Wine and Malt Beverages. (Agenda Item No. 13-264) (Sta cey Inglis, Assistant C ity Manager) ZONING AGENDA (None) UNFINISHED BUSINESS (Non e) NEW BUSINESS 1. Consideration of a Construction Services Agreement between the City of Milton and Alan Densmore, Inc. for Debris Removal Services in Accordance with Fulton County Superior Court Order No. 2009CV 16431 O. (Agenda Item No . 13-265) (Carter Lucas, Public Works Director) Carter Lucas, Public Works Director This is a contract for your consideration for clean-up of a property located at 14220 Cogburn Road. This contract is a culmination of code enforcement activities that pre-date the inception of the city. Since 2008 , under the City of Milton regulations, more than fifty citations have been written on this property. Some of the violations include general maintenance consisting of outside storage, property maintenance, abandoned vehicles, rubbish, and general garbage violations on the property. Regular Meeting of the Milton City Council Monday, November 4,2013 at 6:00 pm Page 5 of7 The city has put forth considerable effort trying to bring the property into compliance. Since 2008, there has been no effort made to remedy the situation. As a result, Fulton County Superior Court issued an order in June 2012 that authorized the City of Milton to take whatever actions were necessary to remedy the violations. We issued an RFP in April 2013 to secure a qualified contractor to assist us in cleaning up this property. We had three submittals and we are recommending approval of an agreement with Alan Densmore to complete this project. This project is set up as a not to exceed price of $75,000. Justin Adams, 14220 Cogburn Road, Milton, Georgia 30004 I am here tonight to ask for a stay in this proceeding for 30 days. That will give me an opportunity to put forth the effort needed to remedy some of the violations against me. I will not get it all done but I will make an honest effort to get a considerable amount of clean up done. If that doesn't happen, then you are fooling with my wife's financial resources for her retirement. She is 87 years old. When I walked out of my house tonight, she told me, "Don't let them take my house." She was screaming at me through Alzheimer's. I just got finished doing the 90-day condemnation of our home which meant putting a new roof on a house that has not seen one since 1964. I put the roof on in the rain. I didn't want to, but I did it. I also did a lot of the structural repair that didn't pass code but would have passed common sense. I added beams inside my home and we continue to try to put together something to get the city off of us. We don't want to live with the city attacking us like they have been doing for the past eight years. I was in Superior Court today and had the file in my hand and it has gotten out of control. I was interested in anything other than letting the city know that they couldn't run me off. Now, I am interested in putting an end to this situation for the health of my wife. If all of this does not stop, my next move will be to have to go to Federal Court to seek injunction. A lot of what the city is contracting to do, they are calling compliance. I don't see it like that. A lot of this is construction related to our home and our business which is a green thumb and wheelchair garden. I have done all of this to make my wife wheelchair assessable to the gardens that she created when she built the property in 1964. And, to reach in and take that away from her is wrong. Some of the things that Code Enforcement is telling me is wrong. They are telling me that some of the materials I have contain asbestos; however, it has never been tested. It came off of a Publix roof. I don't think Publix would use it if it contained asbestos. I don't believe any of this until I have seen the test results or the proof. I am using the sand I have to stop the weeds from growing. The city would not let me put down a road to drive around the property so I could clean it up. The city has fought me on every tum. I am asking you tonight to give me 30 days to clean up my property to put an end to this situation. Councilmember Lusk In the interest of full disclosure, my company has worked with Alan Densmore in the past. City Attorney Jarrard That does not present a conflict. Regular Meeting of the Milton C ity Council Monday, November 4 , 2013 at 6 :00 pm Page 6 of7 Mayor Lockwood Carter, if we were to grant a 30 day stay, would it help or is there too much work to be done? Carter Lucas The work could certainly be done within 30 days; however, there has not been any indication that any efforts have been made in the past. On July 15, 2013, the property owner was notified that the items that were in violation were held and seized by the city so there has already been 90 days to try to remedy the situation. However, there is nothing that would preclude you from granting an additional 30 days. City Attorney Jarrard I will confirm that everything Carter has said is accurate. The property owner has already been placed on a 90 day notification which follows a 2012 court order to remediate the property. However, we have to go back to the court to file additional documents for the process we are implementing to begin and I expect that to take 30 days. So, the property owner could try to remediate some of the issues during the 30 days that it will take to begin the process. Mayor Lockwood So , are you are saying that you have more legal work to do that could take approximately 30 days? So, we could go ahead and award this contract, and if the applicant is serious about wanting 30 days to rectify the situation , then before we proceed with the contract, staff could assess the property and make a determination at that time if the contract should be executed. Motion and Vote: Council member Longoria moved to approve Agenda Item No. 13-265 with the following provision: • Approval of construction contract but delay work for 30 days with an associated update from staff. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman was absent from the meeting. MA YOR AND COUNCIL REPORTS STAFF REPORTS Regular Meeting of the Milton City Council Monday, November 4, 2013 at 6:00 pm Page 7 of7 EXECUTIVE SESSION Motion and Vote: Councilmember Lusk moved to go into Executive Session to discuss land acquisition and real estate at 7:23 p.m. Councilmember Hewitt seconded the motion . The motion passed unanimously (5-0). Councilmember Thurman was absent from the meeting. RECONVENE Motion and Vote: Councilmember Hewitt moved to reconvene the Regular Meeting at 7 :55 p .m . Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman was absent from the meeting. ADJOURNMENT (Agenda Item No . 13-266) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 7:56 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Council member Thurman was absent from the meeting. After no furthe r discussion the Regular Council Meeting adjourned at 7:56 p.m. Date Approved: November 18 , 2013. Sudie AM Gordon , City Clerk STATE OF GEORGIA ) ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS ) CITY OF MILTON ) Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At a Regularly Scheduled City Council Meeting held on November 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)(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 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.e.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 SUBS~~IWt~~,me this 4th day of Novemb~~()1_~"";;M·•••Go~"$ O~~.~CO ISS/~":'0 ~ .... / .. NO 1-··0~: I '4_ ~\ z:-,"'Y"....-c,.. -1l ....... :..1.. i: .. in, MAYOR~WOODG'.i ~ ",. ... ~L'c {,J/ ~