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HomeMy WebLinkAboutMinutes CC - 05/19/2014 - MINS 05 19 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, May 19,2014 at 6:00 pm Page I of8 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 rlOted 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 May 19,2014 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Patrick Abent, Inner Quest Church, Milton, Georgia. CALL TO ORDER Mayor Pro Tern Longoria called the meeting to order. ROLLCALL Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, and Councilmember Longoria. Absent: Mayor Joe Lockwood Councilmember Longoria acted as Mayor Pro Tern Councilmember Rick Mohrig called in from South Bend, Indiana Councilmember Thurman arrived at 6:20 p.m. PLEDGE OF ALLEGIANCE (Led by the Sons ofthe American R evolution) APPROVAL OF MEETING AGENDA (Agenda Item No. 14 -127) Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Regular Meeting of the Milton City Council Monday, May 19,2014 at 6:00 pm Page 2 of8 PUBLIC COMMENT CONSENT AGENDA 1. Approval of the May 5, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-128) (Sudie Gordon. City Clerk) 2. Approval of the Financial Statements for the Period Ending April, 2014. (Agenda Item No. 14-129) (Stacey Inglis. Assistant City Manager) 3. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Sperber Music. (Agenda Item No . 14-130) (Jim Cregge. Parks & Recreation Director) 4. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for Freemanville at Birmingham Road and Providence Road Intersection Improvements Concept Design. (Agenda Item No. 14-131) (Carler Lucas. Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and Peoples & Quigley, Inc. to Provide Professional Engineering Services for the Design of the Fire Station #43 Septic Field Replacement. (Agenda Item No . 14-132) (Carter Lucas. Public Works Director) 6. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the FY 14 Road Resurfacing Projects. (Agenda Item No. 14-133) (Carter Lucas. Public Works Director) 7. Approval of a Construction Services Agreement between the City of Milton and Urey Companies, LLC for the Webb Road Sidewalk Improvement Project. (Agenda Item No. 14-134) (Carter Lucas. Public Works Director) 8. Approval of a Service Agreement between the City of Milton Police Department and Vigilant Services, Inc. for Licensing and Software Services for the Police Departments Automated License Plate Readers. (Agenda Hem No. 14-135) (Captain Shawn McCarty. Milton Police Department) Regular Meeting of the Milton City Council Monday, May 19,2014 at 6:00 pm Page30f8 9. Approval of an Agreement between the City of Milton and Special Events Network, LLC for the Movies at the "Flicks & Food Trucks" Summer Event Series on June 14, July 12 and August 2, 2014. (Agenda Item No. 14-136) (Angela Thompson, Special Events and Project Manager) Motion and Vote: Councilmember Hewitt moved to approve the Consent Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Memorial Day. (Presented by Councilmember Bill Lusk) FIRST PRESENTATION (None) PUBLIC HEARING (None) Council member Thurman arrived at 6:20 p.m. Zoning is transcribed verbatim ZONING AGENDA 1. Consideration ofZM14-02 -805 Honors Circle (Lot 25), Jalil Poorak, to Modify Condition I.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 60 Feet Along the South Property Line for Lot 25. ORDINANCE NO. 14 -05-202 (Agenda Item No. 14-123) (First Presentation at May 5, 2014 Regular City Council Meeting) (Kathleen Field, Community Df!Velopment Director) Regular Meeting of the Milton City Council Monday, May 19, 2014 at 6:00 pm Page 4 of8 Robyn MacDonald, Principal Planner Good evening council. Today, we have 805 Honors Circle. The applicant's residence is requesting a zoni ng modification to the Conununity Unit Plan and before you is the location. You can see where it is positioned in the subdivision. This is the current zoning. The light green is the CUP designation. It is just on the edge of it. The condition, as Sudie read to be modified, is to provide at least 100 foot building setback from the property line of the CUP. The applicant is requesting to reduce the 100 foot building setback to a 60 foot building setback along the property line . The subject site is located within the stakes of Atlanta National which is zoned CUP in pursuant to RZ85-181 and is developed with a single-family residence and pool. Since the incorporation of the city, there have been four approved modification requests to reduce the 100 foot setback. There was a Community Zoning Information Meeting on April 22, 2014 and there was one resident who attended and was not in opposition to the request based on the fact that the additional drive was off of Tournament Players Drive and not Honors Circle where his house is currently located. This is the site plan of the proposed addition of the pool house/garage showing the new driveway that comes off of Tournament Players Drive. Also, there are elevations that are a little difficult to see; the elevation of the garage structure. The purpose of the proposed reduction is to construct a new garage/pool house directly behind the existing pool. There is a circle drive that has a curb cut on Tournament Players Drive on Honors Circle as well as an additional driveway to the site entry garage on Honors Circle. The applicant has proposed an additional driveway on Tournament Players Drive to provide access to the new garage pool house. Staff knows that the city allows no more than two driveways for each frontage and therefore the proposed additional driveway meets this requirement. By placing the new driveway and pool house a minimum of 60 feet from the adjacent property line, it minimizes the amount of clearing of vegetation and provides a direct route to the proposed garage pool house. Therefore, staff reconunends Approval/Conditional to modify condition I.e. as requested which is to provide at least 100 foot building setback from the property line of the CUP except for lot 25 shall provide a 60 foot building setback along the property line. That is staffs report. If you have any questions, I'll be happy to answer them for you. The applicant is also here for any questions. Councilmember Lusk Robyn, in one of your opening statements you said there had been four requests for this type of zoning variance since the city was incorporated. Robyn MacDonald Correct, and also additional ones prior to that. Councilmember Lusk Specifically, in this neighborhood or throughout the city? Robyn MacDonald Yes, specifically for this neighborhood. Councilmember Lusk Were they all approved? Regular Meeting of the Milton City Council Monday, May 19, 2014 at 6:00 pm Page 5 of8 Robyn MacDonald Yes. They varied between 50 feet and 10 feet and so there are various dimensions that occurred. We actually have another one coming up on your next agenda too. Councilmember Lusk I think one of them related to a pool house previously too. Robyn MacDonald Correct, that situation was that the pool house was mistakenly built over the property line so the actual house pool structure had to be demolished and reconstructed. Councilmember Thurman I am assuming even once approved this would still have to meet their HOA requirements. Robyn MacDonald Correct, and we have a letter on file saying that the HOA was in favor of this. Jalil Poorak, 805 Honors Circle, Milton, Georgia 30004 I live in a small community. We have twenty homes and we all know each other for better or worse. No one has any objection. A gentleman showed up and he had some concern about the excessive number of driveways on Honors Circle and we adjusted. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-123. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). End of verbatim transcription UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of an Agreement between the City of Milton and Dillon Forge, Inc . for Bell Memorial Park Public Art. (Agenda Item No . 14-138) (Jim Cregge, Parks & Recreation Director) Stacey Inglis, Assistant City Manager This is an agreement that the city would like to have with Dillon Forge, Inc. for the Bell Memorial Park statue as part of the park renovations. This is a unique opportunity that we have since the artist lives in the community. Michael Dillon is here tonight along with his wife, Lauren. They brought the artwork, Regular Meeting of the Milton City Council Monday, May 19, 2014 at 6:00 pm Page 6 of8 Victory, for you to look at again. The fee for this artwork is $60 ,000. This is below the industry standard of 1 % of the total project cost. Michael Dillon This is the model for the structure. It will be made out of solid steel. The top part will be chrome plated. The figure is in a stance of victory . It will be 12 feet tall and 6 feet wide. It will probably take 400-500 hours to complete. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-138 . Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). 2. Consideration of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Southern Educational Resources, LLC. (Agenda Item No. 14 -139) (Jim Cregge, Parks & Recr eation Direct or) Chris Lagerbloom, City Manager This is one of the agreements that would routinely come before the council for Parks and Recreation Services through one of the facilities we have by either owning the building or our relationship with Fulton County. This deals with an education component that is more academic and learning in nature. It is intended to reach out to teenagers who may not otherwise be involved in recreational activities. Many educators came together to form this company. These programs were offered last summer. They are under a different title this year. The owners and educators came together to form an LLC. These summer programs would be held at the various schools that we have access to around Milton. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-139. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). 3. Consideration ofa Resolution Authorizing the Issuance of Revenue Bonds and the Execution, Delivery and Performance of an Intergovernmental Contract Relating Thereto. RESOLUTION NO . 14-05-298 (Agenda Item No . 14-140) (Ken Jarrard, City A ll orney) Ken Jarrard, City Attorney This would authorize an Intergovernmental Agreement to issue a revenue bond not to exceed $10 million for the projects that have been identified in the re solution . The city's bond attorney, Roger Murray, is in the audience if the council has any questions for him. I am acting as the City's Attorney as well as the Public Building and Facilities Authority 's attorney. I will present to you a Conflict of Waiver if this is a concern . Regular Meeting of the Milton City Council Monday , May 19,2014 at 6 :00 pm Page 70f8 Councilmember Thurman I do not feel comfortable with this. I thought we were going to look at all of our options. Stacey Inglis, Assistant City Manager A few years ago, we hired Davenport Consulting Financial Advisors. They suggested that this is the best option since interest rates are low and we could do this through the PBF A . The other options would be going to the market for general obligation debt which would require a voter referendum . We could also do taxable financing by going directly to the banks and getting a loan. However, I think we would get a better interest rate by getting a private placement bond. Councilmember Thurman What about the cost associated with a bond? We would get a lower cost by going directly to a bank. Stacey Inglis I'm not sure about that. I think the banks have to have collateral. Council member Thurman I would like to see the numbers. I'm having a hard time accepting this. Roger Murray, Bond Attorney The authorization tonight is the authorization to proceed with the financing. The precise terms of the financing have not been locked in. Stacey is going to send out a request for proposals to various lenders and will then obtain financial alternatives and options. Then we will present this information to the PBF A and the City Council for final approval on the precise terms. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-140. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS EXECUTIVE SESSION Motion and Vote: Councilmember Lusk moved to go into Executive Session to discuss Land Acquisition at 7 :05 p.m. Council member Kunz seconded the motion. The motion passed unanimously (6-0). RECONVENE Motion and Vote: Councilmember Hewitt moved to reconvene the Regular Meeting at 7:38 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Regular Meeting of the Milton City Council Monday, May 19,2014 at 6:00 pm Page 80f8 ADJOURNMENT (Agenda Item No. 14-141) Motion and Vote: Council member Thurman moved to adjourn the Regular Meeting at 7:39 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). After no further discussion the Regular Council Meeting adjourned at 7:39 p.m. Date Approved: June 16, 2014. Sudie AM Gordon, City lerk Joe Lock 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 du Iy 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 May 19 , 2014 , 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.O.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.O.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.O.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 -ex-ceptions provided by law as set forth above. \\',,,,",, SWORN TO AND SUBSCRlBED befo~~~ GOIlO"" this 19th day of May, 2014. 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