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HomeMy WebLinkAboutMinutes CC - 06/04/2012 - Mins 06 04 12 REG (Migrated from Optiview)r Regular Meeting of the Milton City Council Monday, June 4,2012 at 6:00 pm Page 1 of 15 fc^This summary is provided as a convenience and service to thepublic, 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 Counciland invitedspeakers in summary form.This is an official record ofthe Milton CityCouncilMeetingproceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on June 4,2012 at 6:00 PM,Mayor Joe Lockwood presiding. INVOCATION Chaplain Remco Brommet.Chaplain for City of Milton Police and Fire. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present:Councilmember Karen Thurman,Councilmember Matt Kunz, Councilmember Bill Lusk,Councilmember Joe Longoria,Councilmember Burt Hewitt,and Councilmember Lance Large. PLEDGE OF ALLEGIANCE Led by the Mayor. APPROVAL OF MEETING AGENDA (Agenda Item No.12-129) Motion and Vote:Councilmember Hewitt moved to approve the Meeting Agenda with the following changes: Under New Business,Add: • Move Agenda Item Nos.12-138 and 12-139 from Consent Agenda to New Business. • Add Executive Session to discuss land acquisition and litigation. Councilmember Lusk seconded the motion.The motion passed unanimously (7-0). PUBLIC COMMENT No public comment. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 2 of 15 CONSENT AGENDA 1. Approval of the May 14, 2012 Work Session Minutes. (Agenda Item No. 12-130) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and A&R Engineering, Inc. to Provide Professional Engineering Design -Services for Intersection Improvements at the Deerfield Parkway -Morris Road Intersection. (Agenda Item No. 12- 131) (Carter Lucas, Public Works Director) 3. Approval of a Professional Services Agreement between the City of Milton and Pond & Company to Provide Conceptual Engineering Services for the Intersection Improvements at the Hopewell Road - Birmingham Road Intersection. (Agenda Item No. 12-132) (Carter Lucas, Public Works Director) 4. Approval of a Construction License Agreement between Reynolds Inliner, LLC and the City of Milton for 13710 Belleterre Drive CIPP Storm Drain System Improvements. (Agenda Item No. 12- 133) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Agreement between Wolverton & Associates, Inc. for Traffic Signal Timing along the Highway 9 Corridor. (Agenda Item No. 12-134) (Carter Lucas, Public Works Director) 6. Approval of a City License Agreement between Southern Outdoor Cinema, LLC and the City of Milton to Provide Movies in the Park Series at Northwestern Middle School. (Agenda Item No. 12- 135) (John Rebar, Parks and Recreation Director) 7. Approval of a License Agreement for Local Government Entities between BMI and the City of Milton in the Amount of $320 for the Right to Play Copyrighted Material During Public Events. (Agenda Item No. 12-136) (John Rebar, Parks and Recreation Director) 8. Approval of a Contract between the City of Milton and Tri Scapes, Inc. for the Renovation of the Playfelds at Cogburn Woods Elementary School and Birmingham Falls Elementary School in the Amount of $199,990.00. (Agenda Item No. 12-137) (John Rebar, Parks and Recreation Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pin Page 3 of 15 REPORTS AND PRESENTATIONS 1. Recognition for Memorial Day Essay Contest Finalists. (Presented by Councilmember Bill Lusk) The finalists were: • Brian Cochran, King's Ridge Christian School • Caroline Hendrickson, King's Ridge Christian School • Zach Pitts, King's Ridge Christian School • Latesha Morez, King's Ridge Christian School The winner was: • Zach Ellison, Hopewell Middle School FIRST PRESENTATION 1. RZ12-05NC12-02 — 633 North Main Street by Jenmark Company to rezone from MIX (Mixed Use) to C-1 (Community Business) to expand a 6,000 square foot retail building by 6,000 square feet to utilize the basement for a total of 12,000 square feet. The applicant is also requesting a concurrent variance to delete the 10 foot landscape strip along the south and east property lines of the out -parcel [Section 64-1090(b)]. (Agenda Item No. 12-140) (Kathleen Field, Community Development Director) 2. RZ12-06NC12-03 — Deerfield Parkway by Crescent Resources, LLC to rezone from C-1 (Community Business) and O -I (Office Institutional) to A (Medium Density Apartments) to develop a total of 256 residential units at an overall density of 12 units per acre. The applicant is also requesting the following concurrent variance: To encroach into the 25 foot non -impervious setback by no more than 5,000 square feet [Section 20-426(2)]. (Agenda Item No. 12- 141) (Kathleen Field, Community Development Director) 3. RZ12-08 — To delete Article VII, Division 7 of Chapter 64 — Crabapple Crossroads of the Northwest Fulton Overlay and concurrently adopt a new Article XIX, Crabapple Form Based Code. (Agenda Item No. 12- 142) (Kathleen Field, Community Development Directoi9 4. Approval of An Ordinance to Amend Chapter 42, Article III, of the Milton City Code Remove the Requirement for Precious Metals Dealers to Obtain and Maintain a License and Indemnity Bond. (Agenda Item No. 12- 143) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Longoria moved to approve the First Presentation items. Councilmember Large seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 4 of 15 PUBLIC HEARING 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- 124) (First Presentation at May 21, 2012 Regular Council Meeting) (Stacey Inglis, Finance Director) Stacey Inglis, Finance Director: • The budget amendments before you are simply a way of us shoring up in the middle of our fiscal year to capture expenditures that were unanticipated or to capture activity to date. • They have changed very slightly. • The amount we are taking out of fund balances increased by $438.00. • I will discuss the two different amendments that make up that amount. • The total amount of revenue appropriation increases add up to $557,108.00. • Expenditure appropriation increases add up to $973,985.00. • The total amount we are taking out of fund balance is $417,315.00. • The reason there is such a large amount coming out of fund balance is to capture land acquisitions which have occurred since the beginning of our fiscal year and the amount of that is roughly $1.4 million for park land. • I will just highlight some of the larger amendments that we have. • Property taxes decreased by an overall total of $559,000 due to tax collections for 2011; taxes being higher than anticipated so that decreased our prior year tax collections for fiscal year 2012. • Insurance premium tax increased by $675,000 which accounts for higher anticipated collections due to our population increase. Insurance premium tax is based on population. • Licenses and permits increased by $56,350 mostly due to building permits that are higher than anticipated. • Charges for services increased by $88,550 due to the court administrative fees and commissions from park and recreation programs which were higher than anticipated. • Miscellaneous revenue increased by $41,206 to account for a transfer of prior year remaining balances of the flexible spending account as well as insurance proceeds from damaged property. This will be offset by an expenditure increase. • Going on to expenditures: • In the Mayor and Council Department there are two amendments. One for a $25,000 increase and that is to cover the cost of Progress Partners. There is a decrease of $1,119 to capture the actual cost of the retreat that we had. • In the City Clerk Department there is a decrease of $71,444 which captures the actual cost of the election. It was a lot lower than anticipated. • In General Administration there is an increase of $5,000 for a toner that is coming in higher than anticipated. • In Legal Fees there is an increase of $40,000. These fees are higher than anticipated. We have a lot going on legally. • One of the changes that we made in the IT Department is that there was roughly an increase of $2,500 which was not necessary because we were able to take care of that internally. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 5 of 15 • I will change the budget document to reflect that. • In Human Resources there are two amendments; one for $1,000 increase and one for $5,000 increase. This is offset by the Flexible Spending Account. At the end of every plan year or fiscal year, our Flexible Spending Account that our employees contribute into or the city contributes to, if the funds go unspent, then the funds are turned back over to the city and we use those funds for wellness programs. • In the General Government Buildings Department there are three decreases. There is a decrease of $34,550 and this is moving some of the funds to Public Works to cover right-of-way mowing. It should have been budgeted there to begin with. Moving money to the parkland mowing for Parks and Recreation and moving $5,000 to cover the cost of the Hopewell House electricity and moving that into Parks and Recreation to account for it in the appropriate department. • In Municipal Court there are two increases. One for $5,300 to cover the cost of employee healthcare and one for $880 to cover the cost of worker's compensation. Both of those costs are higher than we anticipated in this department. These costs are covered by decreases in group insurance and worker's compensation in other departments. • The Police Department had several changes. • The most significant changes were $100,000 decrease to capture the vacancies that we have had this year. • We did not hire the new positions on October I"; therefore, we have had some vacancies and were able to decrease that line item by $100,000. • There were also other smaller fees that we were able to decrease as you can see in your Budget Amendment Document. • Medical Services increased by $20,000 which is one of those line items that is just a shot in the dark. We really don't know how that is going to come out at the end of the year because those are unforeseen fees that we get hit with. • There is an increase of $48,919 to purchase replacement cameras. We had a system that is now obsolete so now we have to purchase new cameras for a new system. • There is one item we need for you to approve. It is for restrictive on-call pay. This is something that we have had that is allowed in our Personnel Policies but we have never implemented it. I want to point out that this has future implications. For this year, for the remaining of the year it will only cost $2,700 to do this. Basically, it gives one hour of pay to employees that are on restricted on-call status. This means that our employees that are on-call are not able to go out-of- town, ut-oftown, or do a lot of personal activities that they may otherwise be able to do if they were not on restricted on-call status. Approving this will impact future budgets. • In the Fire Department we are decreasing the budget for Worker's Compensation by $94,000. The reason it is such a large decrease is because when I projected the cost for this particular line item, in prior years I have always captured a larger amount to cover salary audits from previous years in which sometimes they can catch the cost of Worker's Compensation employees that we did not pay for in the previous years. We have had such a large increase in prior years mainly due to the CH2M Hill transition that I used a formula that increased everyone's budget by a half percent and this was too large in the Fire Department because there is not that much of a salary difference in the Fire Department. • This is a large amount difference and will be adjusted as we move forward with future budgets. • In Public Works, there is a decrease of almost $11,000 for group insurance and that covers the group insurance cost for other departments. • There is an increase of $15,000 in the Signal Allowance and that is just higher than anticipated cost for that line item. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 6 of l5 • There is a $3,000 increase for signal materials which is also a higher than anticipated cost. • There is also $26,325 for additional right-of-way mowing which I previously mentioned was moved over from the General Government Building Department fund to Public Works so it is correctly accounted for. • In Parks and Recreation there is a $4,288 increase in group insurance to cover the cost of employee health insurance. • There is an increase of $22,225 for park mowing and litter pick-up. • As previously mentioned, there is a $5,000 charge for supplies and electricity for the Hopewell House that was moved over from the General Government Building department so that it is correctly accounted for. • There is a decrease of $3,770 to move a portion of the cost of supplies for Joyful Soles which is covered by the FRESH grant provided by Fulton County. • In Community Development there is an increase of $22,594 to capture the cost of an additional Code Enforcement Officer. • In Debt Service, there is a decrease in almost $50,000 due to the decision to purchase the police vehicles with cash instead of by leasing them. • There are two increases in the Other Financing Uses Department. One is for almost $1.1 million to cover the cost of the parkland acquisition and other budgeted amendments in the Capital Projects Fund. The other is an increase in $156,432 to cover the city's match for the LCI grant and to cover a budgeting error in the Capital Grant Fund. • In Other Costs which is the contingency account, we are decreasing it by $144,019 to help offset the cost of parkland acquisition. • In the E-911 Fund, we are increasing revenues by $80,000 to capture higher than anticipated revenues for wireless E-911 fees. • We are increasing the maintenance contract with the City of Alpharetta by $80,000 because they have incorporated the new census numbers into the cost of the 911 service which has increased our portion of the cost of this service. • The Operating Grant Fund shows the funds that we have received. There is a bulletproof vest grant of $760, a Byrne -Jag Grant of $14,618, Georgia Council on Developmental Disabilities mini grant of a little over $16,000, and the Fresh grant of $3,700. • In the Capital Projects Fund, in the Revenues there is an increase of $8,400 in the Crabapple paving fund which just captures the revenues we have received so far for this line item. • There is a decrease in $20,000 in the landfill use fees. This line item is returning a lot lower than anticipated. Prior years have been lower than anticipated in this line item as well as infrastructure maintenance fees and that is causing a problem whenever we take money out of the fund balance. There was an error that you will see. I am decreasing the fund balance by $95,000 due to the fact that in prior years those two line items have not met the appropriation for that line and it wasn't captured when I rolled over the fund balance. • There is an increase of $3,000 for the Atlanta HIDTA Stipend. We receive this from Atlanta for the officer that we have. • The Capital Lease Proceeds decreased by $144,000 and this is because we are not leasing the police vehicles this year. We purchased them with cash. • In addition, there was about a $1 million capturing the operating transfer in from General Fund. • On the expenditure side, there was an increase in the land acquisition under Mayor and Council for $12,706 to capture some of the survey costs associated with the Hwy. 9 project. L Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 7 of 15 • There is an increase of $3,000 in the vehicle/replacement reserve in the Police Department to offset the Atlanta HIDTA Stipend that we are receiving. • There is an increase of $2,000 in the Fire Department under Advanced Life Support equipment and this is to offset some expenditure we have had in this line item. • In Public Works, there is an increase of $8,400 to capture the Crabapple paving fund for the revenues we have received so far. • In Parks and Recreation, there is an increase of $110,000 for the Fulton County Board of Education lease which is higher than anticipated when we initially budgeted for this line item. • There is an increase of $924,000 to capture the parkland acquisition. • There is a decrease in the Arnold Mill Master plan of $120,000 in order to move this to the Capital Grant Fund. We are going to try to get an LCI grant for this project. • There is an increase of $3,500 in the tree recompense fund to offset the revenues we have received so far. • We are decreasing the unallocated with is contingency and the Capital Projects Fund by $106,000 to help offset some of the other expenses we have had. • In the Capital Grant Fund we are increasing the revenue line item for LCI funds by $100,000 to capture the LCI initiative for the Arnold Mill Master Plan. We are hoping to get that under the LCI grant. • There is an operating transfer in from the general fund for $156,432 and most of this is to offset the error that we have had in this fund. Several years ago when we were budgeting for the GDOT HPP projects, there was an error in the formula that calculated what GDOT would cover and what the City of Milton would have to fund so this is correcting that error. Karen Thurman, Councilmember: • My only concern is zeroing out the contingency fund. Usually, you want to keep some balance in a contingency fund until the end of the year. Are you comfortable taking this account down to zero with still four months left in the fiscal year? Stacey Inglis, Finance Director: • I believe so because we do have a good bit of fund balance still so we would still have that cushion built in, it, is just not appropriated. We can certainly appropriate funds to the contingency fund if we need to. Councilmember Thurman: • I am not entirely comfortable taking it down to zero with four months still left in the fiscal year. It is one of those things that rolls into the fund balance if we don't use it but I would prefer not taking it all the way down to zero. I could see cutting it back but not taking it down to zero. Chris Lagerbloom, City Manager: • We are technically in the Public Hearing section of the agenda. If we don't have public comment, could we please close this agenda item and re -open it under Unfinished Business and continue this discussion? ZONING AGENDA (None) Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 8of15 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- 124) ORDINANCE NO. 1.2-06-134 (First Presentation at May 21, 2012 Regular Council Meeting) (Public Hearing at June 4, 2012 Regular Council Meeting) (Stacey Inglis, Finance Director) Stacey Inglis, Finance Director: • The total amount of the budget's overall is a decrease of $417,315 of the fund balance. City Manager Lagerbloom: • Regarding our prior conversation, if we want to leave $100,000 in the contingency fund that is fine with me. • One of the things I would like to point out is that even though this budget is an increase in expenditures over revenue, the reason is to add funding to this budget which will allow you to take action later tonight with respect to land acquisitions. • We are voting on potentially acquiring more than $1 million worth of land which was unanticipated mid -fiscal year. Councilmember Thurman: I would feel more comfortable leaving a balance in the contingency fund. I do not look at land acquisition as an expenditure. I view it as an investment in our future by acquiring more land for park space which is a positive investment in our community. Stacey Inglis, Finance Director: • I would like to mention one more amendment that I failed to bring forward during the public hearing. • It is for a code red emergency notification system. • It is a $3,000 increase to the Fire Department budget. • It is an annual maintenance of $12,000 for a three year contract so approving this tonight will obligate the city for three years. • The cost for the remainder of this fiscal year is $3,000. Bill Lusk, Councilmember: • Stacey mentioned the reduction in workers compensation premiums. Were we using the same rates last year? Stacey Inglis, Finance Director: I was whenever I initially calculated what the rates would be. I used the prior year rates and then I found out that the actual rates were a little lower than anticipated. I will reiterate again, that the Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 9 of 15 reason there is such a large variance between the actual and budgeted was because I anticipated having a prior year audit done for previous years worker's compensation at a higher rate than what it actually came in as. This is something I am going to have to fix going forward because now we do not have such a large transition going from CHM2 Hill to the City of Milton. I miscalculated when I did the budget for fiscal year 2012. Councilmember Lusk: • Are you saying that we were not audited for Workers Compensation last year? Stacey Inglis, Finance Director: • We were audited it is just that the expenditures that came out of the audit were not nearly as high as I had anticipated. Councilmember Lusk: • In the Public Works and Parks Department, one thing that I noticed was the increase in the cost of mowing for right-of-way and for the schools. What is the reason for this? Stacey Inglis, Finance Director: • We have schools now that we are mowing. We did not anticipate this cost. It was not put into the budget. This is just adding money into the budget for the new fields that we are responsible for. Councilmember Lusk: • In Public Works, there is a $26,000 increase in mowing public right-of-ways. Carter Lucas, Public Works Director: • It was approved in the budget, it was just budgeted into the Government Facilities Account rather than Public Works and that accounted for two additional mowings this year than what we have had in previous years. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-124. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). NEW BUSINESS 1. Approval of a Transportation Enhancement Memorandum of Understanding between the Georgia Department of Transportation and the City of Milton. (Agenda Item No. 12-144) (Carter Lucas, Public Works Director) Carter Lucas, Public Works Director: • This MOU with GDOT is simply the transfer of the T -Grant that was provided from Fulton County to the City of Milton. • The grant was in the amount of $500,000 and was established to provide streetscape and transportation improvements in the Crabapple area. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 10 of 15 The intent of this grant is to move forward with the implementation of some of the components in the Lew Oliver plan which would include trails, lighting, and other streetscape improvements along 372, Mayfield, Charlotte, and Mid -Broadwell corridors. Approval of this grant would authorize us to go out for our RFQ to get a design firm on board to help us with the implementation of that plan and then move forward into construction. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-144. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). 2. Approval of a Resolution Establishing a Public Building and Facilities Authority for the City of Milton, Georgia. (Agenda Item No. 12-145) RESOLUTION NO. 12-06-221 (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: • The City of Milton is in the position of having a Public Facilities Authority that has been created by the General Assembly and although it has been on the books for some time, it has never been activated. • There are a number of reasons to have a Public Facilities Authority. • One is that it may allow us to do some things in regards to the City Hall lease. • The first thing we have to do is activate it. • We will have an introductory meeting on June 18`x' • At that meeting, we will go over the bylaws. • Each of you will be appointed to be a member of the Public Facilities Authority. Mayor Lockwood: • Could you please explain again the liability that we would have as board members and when our term ends as an elected official how that will affect our membership in the Public Facilities Authority. City Attorney Jarrard: • When your term expires on the council, then your membership in the Public Facilities Authority will end as well. • Whoever takes your position on the council will assume your position on the PFA and will be sworn in as such. • You will not assume any additional liability. • I would like to suggest one change to the resolution. • I suggest that we change the wording on paragraph 10 where it states that the authority "shall" hold its meetings to the authority "may" hold its meetings. • I don't want you to have to be required to have a PFA meeting the same day that you hold your council meetings. Chris Lagerbloom, City Manager: • If this motion passes, I suggest that the first meeting of the PFA be held at 5:30 p.m. on June 18`h. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page I 1 of 15 Motion and Vote: Councilmember Large moved to approve Agenda Item No. 12-145 with the recommendation by City Attorney Jarrard that the language be changed from "shall" to "may." Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). 3. Approval of a Resolution Authorizing the Issuance of a Letter to the Design Review Committee of the Owners Association of Deerfield Requesting Approval of Permission for Erection of a Billboard on Deerfield Park Property. (Agenda Item No. 12- 146) RESOLUTION NO. 12-06-222 (Chris Lagerbloom, City Manager) Karen Thurman, Councilmember: • Prior to the consideration of this matter, Mayor, I wish to formally announce my recusal from this agenda item. The company I work for provides professional services to one of the law firms representing the litigates against the city, consequently, I believe that it is appropriate that I declare this fact and have no participation in the discussion or vote because this matter involves litigation of which the council previously discussed this item in Executive Session and I have recused myself from these discussions as well. Since this is the first time this matter has appeared on a public agenda, I am re -announcing the reasons for my recusal. (Councilmember Thurman left the meeting) Chris Lagerbloom, City Manager: • This is a follow-up to a discussion we had at a prior meeting in Executive Session where we discussed the settlement of a litigation that we affectionately call the Billboard Case. • One of the things that was brought forward regarding this case is that part of the settlement the city was impacted less if we could encourage a property along GA 400 to be a site for one of these billboards. • It would be on property that is covenant protected against that type of structure. • If the council takes the stance that it would be in the public's best interest to have this type of structure located along GA 400 on this property that is protected against it, then you would need to state that in a letter addressed to the Deerfield Master Association, Inc. in order to give them the official option of saying either "yes" or "no." • Then we will know, moving forward, how we can get this situation resolved. • If you approve this resolution tonight, it will simply authorize me to deliver this letter to the appropriate people. Matt Kunz, Councilmember: • Is the reason for this letter because communication has stopped up to this point in the discussions? City Manager Lagerbloom: 9 Yes, this is a more formal way of communicating with them than we have in the past. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 12 of 15 Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 12-146. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). (Councilmember Thurman returned to the meeting) 4. Approval of an Agreement for Sale of Realty all that tract of land being known as Fulton County Tax Parcel No. 22-5040-0535-0298 containing a total of 3.04 acres, more or less; between the City of Milton, Georgia and Larry and Susan T. Hopkins. (Agenda Item No. 12-138) (Chris Lagerbloom, City Manager) 5. Approval of an Agreement for Sale of Realty all that tract of land being known as Fulton County Tax Parcels No. 22-5040-0535-017 and 22-4880-0534-020 and 22- 5040-535-035, collectively containing a total of 7.06 acres, more or less; between the City of Milton, Georgia and Michael and Sheryl Bell (Wilson). (Agenda Item No. 12-139) (Chris Lagerbloom, City Manager) PUBLIC COMMENT Brian Teipen,15335 Thompson Road, Milton, GA 30004 • I am a homeowner on Thompson Road and Bell Park Drive where I live with my wife, Hope, and our three children. • We are a very active family. • We love the outdoors and 1 would have to classify ourselves as "pro -park." • We were specifically attracted to calling the Milton area home due to, as attested in several city documents and reports, its special lower density rural character. • So, I have a natural interest to see that the woods neighboring our property are protected for their natural beauty. • I recognize this interest is due to my individual property location but, per my understanding, maintaining this natural beauty is a goal for Milton as well. • I recognize the community is active as my family is and the residents participate in activities if it is traveling to skating rinks, gymnastics arenas, basketball courts, baseball fields, football fields, cycling paths, hiking trails, riding trails, etc. • I recognize the desire to have all of these or at least many of these in a community. • Here in Milton, we already have some space available for park development. • So, I read in the October 2009, City of Milton Parks and Recreation Plan that stated, "regarding our 200 acre Birmingham Park, park development is controversial and some believe previous planning efforts are dominated by special interest groups that do not represent broader population." • So, this led me to some results of a community survey, specifically, the City of Milton Parks and Recreation "Needs Assessment" results May 2010, whereby, Milton was given a voice and the results of the top three in each category were: • Multi-purpose trails • Playgrounds • Picnic Shelters/Natural Spaces Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 13 of 15 • So, as the City of Milton looks to increase the budget by approximately $1 million for park property acquisition I ask, "Milton, what are you doing? Are you catering to "special interest groups" who do not represent the broader population by not taking advantage of the Birmingham Park? Is this a fiscal environment when we should be increasing the city budget? The answer to these questions might be "yes." • I would like to become involved to see that the City of Milton makes real progress on the top three needs as requested by the citizen survey: trails, playgrounds, and natural spaces, before work is done toward fields or equestrian spaces. • Finally, I would like to quote again from the City of Milton Parks and Recreation Plan. There is an old saying that says, "good fences make good neighbors." And in park design, "large buffers make good neighbors." • There is great opportunity to use our existing spaces. • Two -hundred plus acres at Birmingham Park to ensure large buffers are in place. • To the extent that fields could become a priority for Bell Memorial Park and that equestrian space could become a priority for Birmingham Park. • I raise concern about catering to select groups rather than the community as a whole for future plans at Bell Memorial Park and Birmingham Park. Jason Anastasia, 15285 Bell Park Road, Milton, GA 30004 • I live on the road that dead -ends at Bell Memorial Park. • My house is on the left as you enter the park. • The Hopkins property is on the right as is the Bell property. • My basic understanding of the situation is that the city has already acquired the old school property which fronts Hopewell and that the additional ten acres consisting of the Hopkins and Bell properties are looking at being acquired. • Some of my questions and concerns are in regard to the building of new ball fields. • I know that the Hopewell Baseball Association is a different entity from the City of Milton. • How does that association work in the relationship with the city? • Is the Hopewell Baseball Association the driving force in this? • Is the intent to build baseball fields only? • One of the concerns I have is that the ten acres that the City of Milton is considering purchasing is a heavily wooded tract of land. If this land is turned into ball fields, how does that meet the intent of preserving the green space and trees, etc? • I live directly across the street from this land. • If the land is turned into ball fields, I am concerned with lighting. Are you looking to add lighting to all the ball fields similar to what is there already? • Will buffers be enforced or because it is park land will buffers be taken out of consideration? • With additional ball fields, there will be additional traffic, congestion, parking, etc. • Is there a possibility of building ball fields at the Birmingham Park 200 acre location instead of at Bell Memorial Park since it has a bigger footprint, would have less affect on homeowners, would relieve the daily congestion of the city in one area and give the city resources on each end of the city. • My overwhelming concern is that due to the limited park amenities in Milton, the city will try and force ball fields into that small space without respecting the elements of the community which attracted the residents of that area in the first place. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 14 of 15 • A high density park in such close proximity to the existing residents would not hold true to the vision of Milton which is to preserve and enhance a rural character and lifestyle. Chris Lagerbloom, City Manager: • I have one presentation regarding the two above mentioned agenda items. • Please look at the presentation on the screen. • You will see Bell Memorial Park and the adjacent old school property which we are waiting to close on in the next week or so. • On the next two screens, you will see the Hopkins property and the Bell property in relationship to Bell Memorial Park and the old school property. • There are two contracts before you tonight for your approval to proceed with all the due diligence that is required prior to purchasing these properties. • If you choose to approve these contracts, it will allow us to move forward with due diligence. • We are not bound by these contracts and can get out of them for any or reason or no reason at all. • The Hopkins property is 3.04 acres for a total purchase price of $450,000. • The Bell property is 7.06 acres for a total purchase price of $535,000. • The only stipulation of the Hopkins property contract is that the owners would like to be able to lease the property for up to six months after the sale of the property. • The only stipulation of the Bell property contract is that the owners would like to be able to lease the property for three months after closing. L the Large, Councilmember: • Where exactly do the individuals that have spoken here tonight live in relationship to the properties in question? City Manager Lagerbloom: • Brian Teipen's property is the niche on the north and west side of Bell Park Road at Thompson Road. • Jason Anastasia's property is across the street on the left; the elongated parcel plus the one parcel that is elongated to the south. • If the City of Milton acquires this property, I can promise that there will be a thorough public process about how this land will be developed. • We do not know any of those details at this time but the public will have ample opportunity to voice their opinion about how the property will be laid out. Councilmember Lusk: • Regarding the lease back provision on the Hopkins property, who is carrying the insurance on the property, who is paying for the utilities and the maintenance on the property during the lease? City Manager Lagerbloom: • The Hopkins will be responsible for all that. • City Attorney Jarrard drafted very good language with respect to those issues and we feel comfortable that we are protected from these expenses. Regular Meeting of the Milton City Council Monday, June 4, 2012 at 6:00 pm Page 15 of 15 Motion and Vote: Councilmember Kunz moved to combine Agenda Items No. 12-138 and 12-139 to vote on at one time. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Kunz moved to approve Agenda Items No. 12-138 and 12-139. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to adjourn at 7:46 p.m. into Executive Session to discuss land acquisition and litigation. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene at 8:11 p.m. into Regular Session. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). ADJOURNMENT (Agenda Item No. 12-147) Motion and Vote: Councilmember Thurman moved to adjourn the Regular Meeting at 8:12 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 8:12 p.m. Date Approved: June 18, 2012. Sudie AM Gordon, City C erk 1 STATE OF GEORGIA ) ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON l CITY OF MILTON ) ) ) OPEN MEETINGS Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At its Regularly Scheduled Council Meeting held on June 4, 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.C.G.A, 50-14-3(b)(1)(B-E); l 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.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 ~,'ti. 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