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HomeMy WebLinkAboutMinutes CC - 08/05/2013 - Mins 08 05 13 Reg (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, August 5, 2013 at 6:00 pm Page 1 of 7 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 August 5, 2013 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jason Howard, Director of Adult Ministries with Stonecreek Church, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria, and Councilmember Large. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-174) Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss litigation and land acquisition. Councilmember Thunnan seconded the motion. The motion passed unanimously (7-0). 1 Regular Meeting of the Milton City Council Monday, August 5, 2013 at 6:00 pm Page 2 of 7 PUBLIC COMMENT Hampton Logan, 14790 Glencreek Way, Milton, GA 30004 I received a mailing from the City of Milton dated July 22, 2013 regarding the various types of homestead exemptions. I was not aware that there was a full -value exemption for people over 70 years old, which I am. I went to the Finance Department to apply for that exemption and was told that May 31, 2013 was the deadline to apply. I was not aware of the deadline. I spoke to Stacey Inglis and she told me that the only way my situation may possibly be waived would be to bring it before the City Council. That is my purpose for being here tonight. I would like to request your assistance in getting a full -value exemption on my 2013 property tax. CONSENT AGENDA 1. Approval of the July 15, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-175) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending June, 2013. (Agenda Item No. 13-176) (Stacey Inglis, Assistant City• Manager) Approval of an Amendment to a Professional Services Agreement between the City of Milton and Michael Elliott, Ph.D. for the Purpose of Providing Facilitation Services for Two Sub -Areas within the Route 9 North Visioning Study Area. (Agenda Item No. 13-177) (Kathleen Field, Community Development Director) 4. Approval of a Construction Services Agreement between the City of Milton and Engineered Restorations, Inc. for Miscellaneous Bridge Repairs. (Agenda Item No. 13-178) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for "137 Bethany Road, Storm Drain System Improvements". (Agenda Item No. 13-179) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Hewitt moved to approve the Consent Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS (None) 1 1 Regular Meeting of the Milton City Council Monday, August 5, 2013 at 6:00 pm Page 3 of 7 FIRST PRESENTATION 1. Consideration of RZ13-13 — Manor Bridge Road (South Side) and Hamby Road (Northeast Side) by Westminister Place, LLC to Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 59 Single Family One (1) Acre Lots. (Agenda Item No. 13-180) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to approve the First Presentation Item. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) ZONING AGENDA (None) UNFINISHED BUSINESS Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2013; and for Other Purposes. (Agenda Item No. 13-170) ORDINANCE NO. 13-08-182 (First Presentation on July 15, 2013 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager: The total tax digest is $2,117,097,860. The total taxes levied will be $9,246,657, of that, property taxes will be a little over $8.6 million and then motor vehicle will be almost $600,000. The millage rate that we are requesting to be approved tonight is 4.731 mills. That is the same millage rate we have had since the city was incorporated. There is not a requirement to have a public hearing because there is not a tax increase. Each year, we have had to advertise a tax increase due to reassessments. The reassessments have gone down this year. However, they were offset with additions to the digest for new buildings, sub -divided property, etc. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 13-170. Councilmember Large seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, August 5, 2013 at 6:00 pm Page 4 of 7 NEW BUSINESS Consideration of a Professional Services Agreement between the City of Milton and Joseph D. Young, P.C. for Assistance with the Design of a Proposed Opportunity Zone within the City. (Agenda Item No. 13-181) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager: I am presenting this item tonight for Bill O'Connor, Economic Development Manager. As you know, opportunity zones exist in Georgia and they have to be applied for if your city meets certain criteria. If awarded an opportunity zone, it can be used as an economic development tool to recruit businesses to a certain area. It allows for the ability to collect a tax job credit of $3,500 per month for a total of five years. In the past, we have not had an area that has qualified for this consideration. As of the last census, we now have an area that allows us to qualify for this tax incentive. Therefore, it is appropriate at this time to hire an expert at putting these types of incentive packages together. Joseph Young, former attorney to Governor Barnes, was very involved in this legislation when it was initially implemented. I am proposing that we retain his services to help us put this tax incentive package together. If approved, the opportunity zone that would qualify is in the Deerfield/Webb Road corridor leading to the county line and east of Hwy. 9. Councilmember Matt Kunz: Will this opportunity zone put any additional restrictions on our form -based code in that area? City Manager Lagerbloom: It will not. Councilmember Kunz: Can they work in conjunction with each other? City Manager Lagerbloom: Yes, absolutely. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-181. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). 1 1 Regular Meeting of the Milton City Council Monday, August 5, 2013 at 6:00 pm Page 5 of 7 2. Consideration of the Approval of an Addendum to the Original SafeBuilt Georgia, Inc. 2010 Contract. (Agenda Item No. 13-182) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager: This addendum is being brought forward for approval because of the increased volume of plan reviews and building permits we have received. The number of permit applications we have received has greatly surpassed the number we have received in the past. We met with SafeBuilt, the private provider that issues the permits. We are asking your approval for two items to be amended to the existing contract that we have with SafeBuilt. Both of these amendments are to our benefit. We would like to separate the building permits from the business licenses. Safebuilt will be in charge of the full-time permit technicians that are necessary to issue building permits. As you know this is a revenue -shared contract so when more than $750,000 of invoice revenues have been received, the split increases for Milton to 65%/35%. We previously had a 70/30 split. Councilmember Kunz: How many times have you gotten to the $750,000 invoice revenue point'? City Manager Lagerbloom: This is the first time we have reached that mark. Councilmember Kunz: When will this go into effect? City Manager Lagerbloom: Immediately. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-182. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 3. Consideration of the Approval of a Second Amendment to the Intergovernmental Agreement (IGA) for the Extraterritorial Provision of Sewer Service by Fulton County for Property Located at 13175 Hopewell Road, Milton, Georgia. (Agenda Item No. 13-183) (Chris Lagerbloom, City Manager) Regular Meeting of the Milton City Council Monday, August 5, 2013 at 6:00 pm Page 6 of 7 1 Chris Lagerbloom, City Manager: This is brought to you for approval because of a rezoning you approved at our last meeting. It is a piece of property along Hopewell Road that was rezoned for a density less than one unit per acre. Part of that agreement is that sewer is required. However, a sewer pipe already exists on the property so the only thing that is missing is a manhole. We needed the IGA with Fulton County to be in alignment with the approved agreement you made for this rezoning. While we were putting together this amendment, the attorney for Fulton County suggested that there is an easier way to amend the sewer map if the need for sewer extension occurs again in the future. Ken Jarrard, City Attorney: The attorney for Fulton County suggested that we structure the IGA so that it reads that if Milton wants to modify the map, then Fulton County agrees. Fulton County would adopt the new map by way of a unilateral resolution. If you choose to take an affirmative action tonight, there are two IGA's that you can choose to approve. One IGA would require a bi-lateral agreement from both Fulton County and the City of Milton prior to making any modifications to the sewer map. The other IGA states that there would be a unilateral agreement between both parties and changes to the map can be made without prior approval from Fulton County. Councilmember Kunz: So, if we approve the unilateral IGA, would that approve sewer for the rezoning request that we made at the last meeting? What would the motion state? City Attorney Jarrard: The motion would need to state that you approve the amendment to the sewer IGA as handed out by the City Attorney this evening. That would accomplish everything we have discussed. Councilmember Hewitt: I will support the map that has been amended for the sewer pipe already running through the property off of Hopewell Road that we approved at the last meeting. However, I do not support the IGA that would allow us to continue amending the sewer map in the future. Several years ago, we agreed that we would not bring sewer into Milton and now this is the second time we have amended the map. I am not in support of future amendments to the sewer map. Councilmember Thurman: The IGA that refers to a unilateral agreement between the City of Milton and Fulton County does not give our approval for future sewer amendments; it just eliminates the approval process for Fulton County. It basically states that Fulton County will approve any changes that the City of Milton wants to make to the sewer map. It does not guarantee that the City of Milton will approve any additional sewer coming into the city. Any request for sewer extension has to come before the City Council for approval. Regular Meeting of the Milton City Council Monday, August 5, 2013 at 6:00 pm Page 7 of 7 Motion and Vote: Councilmember Kunz made a motion to approve the unilateral option of the Second Amendment to the Intergovernmental Agreement (IGA) for the Extraterritorial Provision of Sewer Service by Fulton County for Property Located at 13175 Hopewell Road, Milton, Georgia that was handed out by the City Attorney on this day Agenda Item No. 13-183. Councilmember Lusk seconded the motion. The motion passed (6-1). Councilmember Hewitt was opposed. COUNCIL REPORTS Councilmember Lance Large: My wife has found it necessary to relocate her business back to Virginia so we are in the process of moving. I will continue to serve until we leave. We are not on any strict timeline. We would like to be moved by the end of the year. I would project sometime this fall, maybe middle or late fall, we will be moving. We have loved living in Milton and I have certainly enjoyed serving on the council. EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss litigation and land acquisition at 6:50 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 7:53 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). ADJOURNMENT (Agenda Item No. 13-184) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 7:55 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 7:55 p.m. Date Approved: August 19, 2013. Sudie AM ordon, Cit Clerk Joe Lockwood, Mayor v STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON AFFIDAVIT RE: CLOSURE OF 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 a Regularly Scheduled City Council Meeting held on August 5, 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)(1)(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. X 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 this 5th day of August, 2013. .%% S ...... tNOT, F,••. IC r Notary Public % C''Q'26, Zo"'.� . O My Commission Expires:�NT y,� G' i n MAYOR OE LOCKWOOD