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HomeMy WebLinkAboutMinutes CC - 06/17/2013 - Mins 06 17 13 Reg (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, June 17,2013 at 6:00 pm Page 1 of 10 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 June 17, 2013 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Patrick Abent, Inner Quest Church, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Council members Present: Council member Kunz, Council member Large, Councilmember Thurman, Council member Lusk and Councilmember Longoria. Councilmembers Absent: Councilmember Hewitt PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-144) Motion and Vote: Councilmember Large moved to approve the Meeting Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Regular Meeting of the Milton City Council Monday, June 17,2013 at 6:00 pm Page 2 of 10 PUBLIC COMMENT (None) CONSENT AGENDA 1. Approval of the June 3, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-145) (Sudie Gordon, City Clerk) 2. Approval of the June 10,2013 Work Session Meeting Minutes. (Agenda Item No. 13-146) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending May, 2013. (Agenda Item No. 13-147) (Stacey Inglis, Assistant City Manager) 4. Approval of the following plats: Name of Development Action Comments Braebum aka Office Village Final plat revision Add buildings 80 & 90 Charles E. Smith Minor subdivision plat ..revIsion Revise property lines American Family Care Minor subdivision plat ..revIsion Revise drainage easement Kingsley Estates -Phase I -Unit 2 C Final Plat Create 11 lots David Chatham & Rhonda B. Chatham Minor plat revision Combine parcels Jackson Estates (formerly known as Art Worley Subdivision) Final plat revision Revise property line lots 1 and 2 Deerfield Green III Final plat revision Revise lot lines 544-592 & 592-506, revise DE lots 540-544, remove B.L. lots 558, 562,570, 574 William Flanigan Minor plat re-plat Revise property lines The Shops at Windward Village Final plat revision Add tract E (Agenda Item No. 13-148) (Kathleen Field, Community Development Director) 5. Approval of a Construction Services Agreement Between the City of Milton and Strickland Pipeline and Construction, Inc. for Miscellaneous Bridge Repairs. (Agenda Item No. 13-149) (Carter Lucas, Public Works Director) 6. Approval of a Settlement from Consent Final Order and Judgment of the Condemnation of 0.411 Acres of Right of Way and 0.390 Acres of Permanent Construction and Maintenance Easement and 0.015 Acres of Temporary Construction Easement at 14000 New Providence Road from Randy O. Miller; Nancy C. Rolnick nIkIa Nancy Feldman; Gary Donner; Sheila Donner; Howard B. Workman; Ronald D. Balser; H. Stephen Merlin and Lawton M. Nease, III, as Trustees of 1. Gordon Beckham, Jr., Trust Created Under Trust Agreement dated December 16, 1987; Self Regular Meeting of the Milton City Council Monday, June 17,2013 at 6:00 pm Page 3 of 10 Realization Fellowship, an Ecclesiastic Association of the State of California; Jeff Van Tosh; and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $50,000. (Agenda Item No. 13-150) (Carter Lucas, Public Works Director) 7. Approval of an Intergovernmental Agreement for the Provision of Animal Control Services Between the City of Milton and Fulton County. (Agenda Item No. 13-151) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION 1. Consideration of HD13-01 -Consideration of an Ordinance for Historic Designation of the Property Located at 15690 Hopewell Road (The Hopewell House). (Agenda Item No. 13-152) (Joint Public Hearing by Historic Preservation Commission and City Council held on May 20, 2013) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Lusk moved to approve the First Presentation Item. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. PUBLIC HEARING (None) Zoning is transcribed verbatim ZONING AGENDA 1. Consideration ofRZ13-11 -To Adopt a New Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 -Rowhouses (Townhouses). (Agenda Item No. 13-135) ORDINANCE NO. 13-06-176 (First Presentation at June 3,2013 Regular Council Meeting) (Discussed at June 10, 2013 Work Session) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, June 17 , 2013 at 6:00 pm Page 4 of]O Kathy Field, CommuDity Development Director: Thank you. Mr. Mayor and members of the City Council, the current DeerfieldlHighway 9 Form-Based Code allows for the development of rowhouses/townhouses with a use permit within certain transect zones. These rowhouses and townhouses must be developed within a mixed use development. Therefore, language for a new use permit for rowhouses/townhouses is needed. The proposed use permit meets this requirement. Staff notes that the normal public hearing process is required and this is not an administrative use permit. In addition, I want to mention that the proposed language for a use permit does not apply to the Crabapple Form Based Code based on the fact that it was determined at the time that code was passed that there should be higher density for residential promoted in the Crabapple area. So, I would like to review with you the proposed language for the establishment of a use permit for rowhouses/townhouses in the Deerfield Form-Based Code area. Section 64-18-40 Rowhouses/Townhouses: Section A: Rowhouses/Townhouses in the DeerfieldlHwy. 9 Form Based Code Overlay District shall only be permitted subject to the issuance of a use permit. Section B -Standards: 1. Rowhouses/Townhouses shall not be located adjacent to properties designated T2 as designated on the regulating plan. 2. The maximum number of attached rowhouse/townhouse units in a building shall be eight (8). 3. Rowhouses/Townhouses in the Deerfieldl Highway 9 Form Based Code Overlay District shall conform to article 20 Section 4.6.6.b. 4. Rowhouses/Townhouses in the DeerfieldlHighway 9 Form Based Code Overlay District shall conform to article 20 Section 4.16.7.v. 5. Rowhouses/Townhouses in the DeerfieldlHighway 9 Form Based Code Overlay District shall conform to article 20 Section 4.16.8. That is the proposed language to establish a use permit in the DeerfieldlHighway 9 area along with language establishing standards for that use permit. Council member Kunz: I guess the only question I had was in the language. We say they can't be next to form T2, is that right? Kathy Field: Yes, that is comparable to an AG-l type district. Councilmember Kunz: Okay, so I guess we just then, we wouldn't tell them which ones they could be in because the Form­ Based Code says T 1-T6, right? Kathy Field: Yea, I think T2 is the lowest number in the Deerfield area. Regular Meeting of the Milton City Council Monday, June 17,2013 at 6:00 pm Page 5 of 10 Councilmember Kunz: So, if there is a T2 involved , if there was a T3 area there would not be a T3, it would basically be only in T4 or T5 is the way I envision it, is that right? Kathy Field: No, it could be in a T3. It is only in the T2 that they couldn't be adjacent to . Councilmember Kunz: Okay, so T3 is next to a T2 , they cannot be in the T3. Is that what I am hearing? Am I hearing that right or am I just thinking ... Kathy Field: Well, there is a T4 next to a T2 then, you know what I mean, then yea, so, it is just saying that you want more of a transition from AG-l because this is a mixed use townhouse development. This is not just townhouses, this is mixed use so it is a little more dense so they are trying to transition a little more. Councilmember Kunz: I was just wondering why we didn't say why not force them to be in a T5 or T6 or something like that. I was just curious. I'm okay with it. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-135. Councilmember Kunz seconded the motion . The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. 2. Consideration ofRZ13-12 -To Amend Chapter 64, Zoning Ordinance, Article I, in General, Section 64-1 Definitions as it Pertains to Rowhouses (Townhouses). (Agenda Item No. 13-136) ORDINANCE NO. 13-06-177 (First Presentation at June 3, 2013 Regular Council Meeting) (Discussed at June 10 , 2013 Work Session) (Kathleen Field, Community Development Director) Kathy Field, Community Development Director: Mr. Mayor, thank you. Staff has included rowhouse to be synonymous with townhouse and has therefore amended the definition to be consistent with the existing definition in the Form Based Code definitions. So, under Section 64.1 definitions under dwelling unit townhouse we propose the following amended language: A single family dwelling that shares a party waIl with another of the same type and occupies the full frontage line . The term dwelling unit, townhouse, and rowhouse are synonymous. That is the proposed language . Regular Meeting of the Milton City Council Monday, June 17, 2013 at 6 :00 pm Page 6 of 10 Motion and Vote: Council member Kunz moved to approve Agenda Item No. 13-136. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. End of verbatim transcription UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, Sec. 4-168, Temporary Special Event License (Pouring Permit) to Allow, During the Term of a Special Event, Open Container Consumption Within the Fixed Boundaries of the Physical Area Where the Special Event is Authorized by Licensed Premises Located Entirely Within that Fixed Boundary. (Agenda Item No. 13-137) Ordinance No. 13-06-175 (First Presentation at June 3, 2013 Regular Council Meeting) (Discussed at June 10, 2013 Work Session) (Ken Jarrard, City Attorney) Stacey Inglis, Assistant City Manager: These are some changes we are proposing to our Alcoholic Beverage Ordinance. We discussed these changes at our work session. This is specifically for our Crabapple Fest we will have in October; however, anyone who applies for a temporary special event permit will be able to have open containers within the specified boundaries. We are going to place maps of the boundaries at each location that sells alcohol. We will also have sandwich boards located around the event which say, "Welcome" on one side and "Thanks for coming -No alcohol allowed beyond this point" on the other side. There will also be police and volunteers who will be monitoring the event and making sure that no one leaves the boundaries with alcohol. Special Event permits are not to exceed ten (10) days. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 13-137. Councilmember Large seconded the motion. The motion passed unanimously (6-0). Council member Hewitt was absent from the meeting. 2. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 13-138) Ordinance No. 13-06-174 (First Presentation at June 3, 2013 Regular Council Meeting) (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Monday, June 17,2013 at 6 :00 pm Page 7 of 10 Paul Frickey, City Attorney: This is a contract with Fulton County to conduct the city's November 5, 2013 election for Mayor and District 1, Post 1; District 2, Post 1; and District 3, Post 1. Councilmember Lusk: There has been discussion in the past about us conducting our own elections in the future rather than having to use Fulton County. I would like to have that discussion at a future work session. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 13-138. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Council member Hewitt was absent from the meeting. NEW BUSINESS 1. Consideration of the Approval of an Agreement Between the City of Milton and Crabapple Community Association Regarding Responsibilities and Obligations Related to Co-hosting of the Crabapple Fest. (Agenda Item No. 13-153) (Ken Jarrard, City Attorney) Paul Frickey, City Attorney: This is an agreement between the City of Milton and the Crabapple Community Association (CCA) regarding the duties of each organization as it pertains to the Crabapple Fest which will be held on October 5, 2013. Typically,this would be under the Consent Agenda; however, it is under New Business because Peyton Jamison is currently the President of the Crabapple Community Association and also a member of the Planning Commission so the following statement will be read into the record. Sudie Gordon, City Clerk: It should be disclosed that the member of the Planning Commission, Peyton Jamison, is currently serving as the President of CCA. This could present a potential conflict; however, this conflict is not an issue as Mr. Jamison is not involved in any negotiation or approval of the contract by the city. He does not receive any city funds through execution of this contract and the code provides that the city may enter into contracts involving services with a business which is the only available source for such services and CCA is the only entity that hosts this type of festival in downtown Crabapple. To avoid the appearance of impropriety, Lisa Renko, Vice President of the Crabapple Community Association and President of the festival has signed the contract. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 13-153. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Regular Meeting of the Milton City Council Monday, June 17 , 2013 at 6 :00 pm Page 8 of 10 2. Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals by Appointing a Board Member for District 5. (Agenda Item No. 13-154) Resolution No. 13-06-262 (Mayor Joe Lockwood) Councilmember Joe Longoria: I would like to recommend Scott Ponder for the Construction Board of Adjustment and Appeals. Originally from Memphis TN, Scott relocated to Milton Georgia in the fall of 2010 after spending 15 years in the New York area. Scott currently works with Ernst & Young and serves in a management consulting position advising clients on strategy, program management and technology. Scott has spent the majority of his career consulting with Fortune 500 clients with a focus on large scale program management and the application of leading edge technology to solve complicated business problems. Scott is currently a resident of Crooked Creek, where he lives with his wife and two sons. Scott attended State University of New York at New Paltz. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-154. Councilmember Large seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. The council approved the appointment ofScott Ponder to the Construction Board ofAdjustment and Appeals. MA YOR AND COUNCIL REPORTS STAFF REPORTS Bob Edgar, Fire Chief: I wanted to give you an update on the North Fulton ambulance process that we have been going through. On May 21, 2013, the Region 3 group met regarding the delivery of ambulance service to the North Fulton area. That meeting resulted in a 30 day extension by the Region 3 council and whether or not to open the zone to a competitive bidding process in which we could possibly have a new ambulance service for the city. During that 30 day period, Rural Metro agreed to add two additional ambulances to the system, one in Milton and one in John's Creek, because those two cities have the worst response times. The average response time has been 9 minutes and 55 seconds. On May 24th, the additional ambulance was added to the City of Milton and it was placed at Fire Station 43. The next Region 3 meeting will be held on June 25 th . At that meeting, a decision will be made whether or not to obtain a competitive bid for this service. On June l3th , all of the North Fulton cities gathered together and outlined some recommendations they would like to present to the Region 3 council. Regular Meeting ofthe Milton City Council Monday, June 17,2013 at 6:00 pm Page 9 of 10 Those recommendations included continuing the service with Rural Metro for another year until June 2014, allow each city to have their own EMS license and put the service out for a competitive bid and obtain a new provider. Sandy Springs is asking for each of the North Fulton cities to sign an agreement to take these recommendations to the Region 3 council. Carter Lucas, Director of Public Works: Last week, we had a pre-construction meeting regarding the intersection project at State Route 140 and New Providence Road. They anticipate getting mobilized and up to speed by the end of June. The Highway 372 project is typically tracking about a month behind. We have not had our pre-construction meeting for this project, however, the contract has been awarded. I expect to see that meeting occur in the next few months. We met with GDOT this afternoon regarding the widening of Highway 9. That project is kicking off in several phases. We are working with the City of Cumming regarding this project and there are five different aspects of this endeavor taking place concurrently. For the City of Milton, they are beginning the design process from Windward Parkway to the county line. Through our various LCI's and the studies we have previously done regarding the Overlay Districts, the design elements and components that we have generated from these studies will be essentially what we are looking for to be incorporated in their overall design. However, they are more than willing to accommodate our previously approved design studies but we will have costs incurred to implement those designs. We will have to decide whether or not we want to implement all of the approved elements of the studies, such as median plantings, pedestrian lighting, street lighting, etc., as we move forward. They will provide a draft layout of the project plan probably around August. At that time, we will have the opportunity to provide some input, however, I would like to ask that you give me any ideas or concerns that you may have that are not a part of the previously approved design studies. The Providence RoadlBinningham Hwy. project is expected to take a year. Birmingham Hwy. will not be closed during this project. The FrancislHopewell/Cogburn Road intersection will be a locally controlled project and will take approximately 9-12 months to complete. We just received the bids for that project and hope to bring a contract forward for council approval at the July 15,2013 council meeting. Stacey Inglis, Assistant City Manager: An email was sent to you regarding a 72 hour approval for the Tri-Scapes contract to install a vehicle gate and pervious driveway at Friendship Community Park. I went ahead and approved for the project to begin not realizing that the contract had not already been approved. We put a stop to the project pending your approval. Official approval ofthis project will be brought forth at the July 1, 2013 council meeting. Thank you for allowing us to move forward with this project. Regular Meeting of the Milton City Council Monday, June 17,2013 at 6:00 pm Page 10 of 10 EXECUTIVE SESSION (ifneeded) ADJOURNMENT (Agenda Item No. 13-155) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 6:54 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. After no further discussion the Regular Council Meeting adjourned at 6:55 p.m. Date Approved: July 1,2013. -Sudie AM Gordon, City Clerk Joe Lockwood, M~