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HomeMy WebLinkAboutMinutes CC - 06/02/2014 - MINS 06 02 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 1 of 11 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 2, 2014 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jeff Kane, C3 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, and Councilmember Longoria. Councilmember Absent: Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by the Mayor) APPROVAL OF MEETING AGENDA (Agenda Item No. 14-142) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss Land Acquisition and Lease Negotiations. • Move Agenda Item No. 14-146, Approval of Subdivision Plats, from the Consent Agenda to be voted on separately under Consent Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 2 of 11 1 PUBLIC COMMENT Brenda Hemphill, 700 Hembree Road, Roswell, Georgia I own Katy's Car Wash located at 12960 Highway 9 in Milton. I have supported the City of Milton since it was formed. I have had the pleasure and privilege of serving on committees such as the Highway 9 Visioning Committee, the LCI Team, Stakeholder for the Deerfield Form Based Code, and I attended a few meetings for the Highway 9 North Visioning Study that is being presented tonight. I am not here tonight to speak about the Highway 9 Visioning Study, however, within the document there was a comment that says that GDOT will be proposing to widen Highway 9. GDOT held the meeting last week. The proposed widening plan for Highway 9 has multi -use paths on each side of the road, an 8 foot grass path between the sidewalk and the roadway, two lanes, and a raised median. When I built Katy's Car Wash in 2007, everybody was concerned with having driveways on every lot/business. Most of the buildings and businesses along Highway 9 were formed from one acre lots that used to have houses on them. We worked with GDOT and Fry's to come up with a shared driveway design. I spent a lot of money trying to only have one driveway that I share with the Feed and Seed store. The newly proposed concept from GDOT will reduce my property to right in and right out. That concept is a business killer especially for a retail business. I would like Milton to take the lead with GDOT and let them know what we want our community to look like. Erin Houdeshell, 12940 Highway 9 North, Milton, GA 30004 I am the owner of Milton Tire and Auto. I am very concerned about a right in right out entrance for my business. We used to own a business in Woodstock, GA and when they added a median in the front of our store, our business was cut in half. We couldn't survive so we had to close that business and move to Milton. We live in the community and are asking for your support. CONSENT AGENDA 1. Approval of the May 12, 2014 City Council Work Session Meeting Minutes. (Agenda Item No. 14-143) (Sudie Gordon, City Clerk) 2. Approval of a Contract between the City of Milton and T & T Uniforms, Inc. for the Purchase of Fire Department Uniforms. (Agenda Item No. 14-144) (Bob Edgar, Fire Chiefi Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 3 of 1 I 3. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Young Men's Christian Association of Metropolitan Atlanta, Inc. (Agenda Item No. 14-145) (Jim Cregge, Parks & Recreation Director) The following Agenda Item No. 14-146 was removed from Approval of Consent Agenda to be voted on separately under Consent Agenda. 4. Approval of the Following Subdivision Plats: Name of Development Action Comments Kingsley Estates Phase 1 — Final Subdivision Phase 1- Unit 2D — addition of 19 lots 54-63 Unit 21) Plat and 67-75 Valmont Subdivision Final Subdivision Revision of access easement for lots 31, 32, Plat Revision 33 Arcaro at Triple Crown Final Subdivision Delete road reservation of 44' of right of way Plat Revision and add to lot 10 and 11 Triple Crown Phase 5 Final Subdivision Plat Addition of lots 1-9 (Agenda Item No. 14-146) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-146. Councilmember Hewitt seconded the motion. The motion passed unanimously (5-0). Councilmember Thuiman recused herself from the vote. Councilmember Mohrig was absent from the meeting. 5. Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for the Thompson Road/Cedar Park Stormwater Improvement Project. (Agenda Item No. 14-147) (Carter Lucas, Public Works Director) 6. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at City Hall. (Agenda Item No. 14-148) (Carter Lucas, Public Works Director) 7. Approval of Revisions to the Personnel Policy Handbook to Clarify the Sick Leave Usage Policy. (Agenda Item No. 14-149) (Sam Trager, Human Resources Director) 8. Approval of an Intergovernmental Agreement Concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Service Agreement between the City of Alpharetta, Georgia and the City of Milton, Georgia. (Agenda Item No. 14-150) (Deb Harrell, Police Chiefs Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 4 of 11 9. Approval of an Agreement between the City of Milton and North Fulton Express, LLC for Fleet Vehicle Maintenance and Repairs. (Agenda Item No. 14-151) (Matt Marietta, Fire Marshal) 10. Approval of a Professional Services Agreement between the City of Milton and Dorfman Consulting, LLC for Transfer of Development Rights (TDR) Evaluation Services. (Agenda Item No. 14-152) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda excluding Agenda Item No. 14-146. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION 1. Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum. (Agenda Item No. 14-153) (Sam Trager, Human Resources Director) 2. Consideration of RZ13-18 — Birmingham Highway (West Side) with a frontage of approximately 373 feet by Piedmont Atlantic Capital to rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 13 single family residences on 19.5 acres. (Agenda Item No. 14-154) (Kathleen Field, Community Development Director) 3. Consideration of ZM14-03 — Southeast Corner of Birmingham Highway and Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) to Modify Conditions l.c., l.d., 2.a., and 3.b. (RZ04-0116) by Capkey Birmingham Partners, LLC. (Agenda Item No. 14-155) (Kathleen Field, Community Development Director) 4. Consideration of ZM14-04 — 305 Crooked Stick Drive Zoned CUP (Community Unit Plan) to Modify Condition Le. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 50 Feet by C.D. Hays. (Agenda Item No. 14-156) (Kathleen Field, Community Development Director) 5. Consideration of ZM14-05 — 16720 Quayside Drive Zoned CUP (Community Unit Plan) to Modify Condition 3.a. (RZ06-70) to the following: To Reduce the Front Setback from 30 Feet to 28 Feet and 3 Inches by Jane A. Schwartz. (Agenda Item No. 14-157) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 5 of 1 I 6. Consideration of RZ13-22 — To Amend Chapter 64, Article VII, Division 6 Northwest Fulton Overlay District. (Agenda Item No. 14-158) (Kathleen Field, Community Development Director) 7. Consideration of RZ14-01— To Amend Chapter 64, Article I, Section 64-1 Definitions. (Agenda Item No. 14-159) (Kathleen Field, Community Development Director) Consideration of RZ14-02 — To Amend Chapter 64, Article IX, Administrative Permits and Use Permits. (Agenda Item No. 14-160) (Kathleen Field, Community Development Director) 9. Consideration of RZ14-03 — To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for a Rural or Agricultural Event Facility. (Agenda Item No. 14-161) (Kathleen Field, Community Development Director) 10. Consideration of RZ14-04 —To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for Artist Studio. (Agenda Item No. 14-162) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Items. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. PUBLIC HEARING (None) ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of the State Route 9 North Visioning Plan. (Agenda Item No. 14-163) (Discussed at May 12, 2014 Work Session) (Michele McIntosh -Ross, Principal Planner) Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 6 of 11 Carter Lucas, Public Works Director The current schedule has the concept plan being completed this year. Environmental reports are being conducted which are scheduled to be completed in 2016. Right of way acquisition is scheduled to being in 2019 and construction in 2022 with completion in 2024. The State Route 9 project is part of a project that is being conducted from Alpharetta to Cumming. It is a small piece of a bigger project that GDOT is working on. Our part of the project is one of the final pieces of the project. Part of the development of the concept plan is to listen to property owners that will be affected. All comments should also be provided to GDOT. Michele McIntosh -Ross, Principal Planner We started the Highway 9 Visioning Study in 2013. The GDOT project is separate from the Visioning Study. The Milton Comprehensive Plan identified areas within the city that would be future development areas. They are the Arnold Mill area, Crabapple, and the Deerfield Highway 9 area. The Crabapple area has a plan that was completed last year. The Arnold Mill plan was worked on this year and will be coming to you for approval on July 7`f'. The Deerfield plan was done through an LCI study with the Atlanta Regional Commission; however, it did not cover all of the Highway 9 area so the Visioning Study will plan for the remaining area. We had a few meetings with surrounding residents at the Crooked Creek clubhouse. After many discussions, the plan consists of a low scale two story building type of corridor with a mix of uses, mainly office and residential with possibly some retail. Walkability will be encouraged with wide sidewalks and heavy landscaping as well as equestrian type fencing. We identified two special treatment areas: Bethany Bend and Five Acre Road. We conducted special meetings with focus groups with a facilitator. Issues were identified and concerns were addressed. The Bethany Bend area was rezoned from AG -1 to NUP and the developer was approved for 27 residential homes. The Five Acre Road area residents wanted any non-residential use to have the same residential look and feel with equestrian fencing and heavy buffers. Issues regarding egress and ingress as well as signage were also discussed and resolved. The Visioning Study was discussed with the Planning Commission on two separate occasions as well as presented to the council during a work session. We are proposing that the next step would be to move into the Form Based Code process which would include additional public meetings to address details of architectural styles, etc. Nick Scarimbolo, 1110 Krobolt Way, Milton, Georgia 30004 I would like to commend the city on its effort with the Visioning Plan. I live in Milton Preserve and, unfortunately, when the visioning study was conducted, Milton Preserve was in the very beginning of being developed. We would like for you to bring the Milton Preserve neighborhood in line with the rest of the vision. Our two main concerns are our ability to exit the neighborhood and merge into traffic and to enter safely and efficiently. 1 Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 7 of 11 We also want to ensure that a buffer is maintained between the highway and the neighborhood community. We would like for you to conduct a special meeting with the residents of the Milton Preserve neighborhood since the neighborhood was not formed when the Visioning Study was being created. Tony Stewart, 320 Five Acre Road, Milton, Georgia 30004 My wife and I live on the five acres that are adjacent to the two acres that are being considered to be commercial. We have lived in our home for 31 years. I grew up a few miles north of Milton in Forsyth County. I was surrounded by chicken houses and gas stations. I promised myself that when I moved out of my childhood home I would live in a subdivision so I would not have to endure those smells. We bought our five acre lot in the Five Acres Farm subdivision in 1982. The first question I asked the owner of the lot was if there was any possibility that commercial development could take place on the first four lots of the subdivision. He assured me that the lots were protected by covenants and there was no way in the world that commercial development could take place on those lots. I also asked the closing attorney who researched the area and he assured me that those lots were part of a protected covenant. The protected covenant indicated that only single family homes could be built on those lots. Either those two gentlemen did not know or did not tell me that protected covenants have a time limit of 20 years. We have lived in our home for 31 years and would like to live there for the rest of our lives. We would greatly appreciate it if commercial businesses were not built next to our home. However, if that is not feasible, we would ask that any commercial businesses that are built on those four lots be as less intrusive as possible. We sat down with Kathy Field to discuss reaching a compromise. I was very impressed with her professionalism and willingness to listen. I am in favor of the agreement that we reached, however, my concern is that the final product will not be what we agreed upon. I am asking that you not allow exceptions to the agreed upon terms. Marilyn Phillips, 360 Pony Tail Road, Milton, Georgia 30004 We built our house in the Five Acre Farm Subdivision in 1980. I would just appreciate it if you would make sure that the plan that has been agreed upon will be adhered to and last minute changes will not be made that no one is aware of until it is too late. I plan on living in my home for the rest of my life and I would like for the neighborhood to continue to stay as nice as it is now. Carolyn Husk, 235 Hereford Road, Milton, Georgia 30004 I live in the Five Acre Farm Subdivision. I oppose the proposal for re -zoning the four acres at the front of our subdivision for commercial use. This proposal is to benefit four individuals at the expense of 23 property owners. It is zoned R2 Conditional which is Exhibit 2 of the Fulton County records. The developer covenants are stated on the original plat which is Exhibit 1. Developer covenants never expire which is shown in Exhibit 3 as the Atlanta Journal Constitution article dated August 1, 1996. Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 8 of 11 Until three years ago, all protected covenants expired after 20 years but the state law recently was amended to automatically renew those that were enforced as of July 1, 1993. The Five Acre Estate subdivision covenants were put in place in 1978 and set to expire in 1998, however, this law was passed in 1993 so the covenants remain. Both parcels south of Highway 9 have code violations and they are an eye sore when you come into our subdivision. The grass has not been maintained and 30-40 cars are parked all around the house. The parcel that is for sale by Bull Realty is covered in trash and the grass is overgrown. It has looked like that for years. Exhibit 4 is an eight page commercial real estate flyer that I obtained from a code violation on a huge commercial real estate sign that has been on the property for eight years. Amazingly, last Friday, the sign is smaller and the flyers have been removed. However, the flyer shows you the intent of the use of the property which was zoned residential. I belong to a 6,000 member church in Buckhead which has a lot of real estate agents that also belong. Each one of those agents I have talked to have said that this is unprecedented because there are ten residential real estate developments from Windward Parkway to the Forsyth County line and this is the only development that you have singled out to make our entry way into commercial. We do not have a Homeowner's Association to protect us. Hundreds of real estate agents have said that our property values will diminish if commercial industries are located directly outside our subdivision. I spoke to the gentleman that purchased the property and he told me that it did not pass the perk test and that the state told him that he could not access Highway 9 and that he would have to use a Five Acre Road address. When I attended the recent GDOT meeting, they were unaware of Milton's plans to turn those lots into commercial property. I propose that if Milton wants additional commercial tax base, then don't just take the four front lots, take the whole subdivision. Councilmember Kunz Could you please explain the legality of the subdivision covenants? Michele McIntosh -Ross We gave the attorney all of the parcels in the Five Acres Subdivision to do title searches and to see if there were any covenants and they discovered that there were not any covenants. Councilmember Thurman Are covenants typically filed along with the property? Ken Jarrard, City Attorney We typically look at court records. We do not go to private individuals. Councilmember Lusk Why are the trail sidewalks different sizes; some places 6 feet other places 10 feet? Isn't our standard . 10 feet? Michele McIntosh -Ross It varies depending on the area. We will get into greater detail about the final dimensions during the Form Based Code process. 1 Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 9 of 11 Councilmember Hewitt The proposed rendering shows two access drives from the four lots in question in the Five Acres Subdivision. What do you think about that? Michele McIntosh -Ross That is the agreement we came up with; however, the GDOT proposal looks different. Sara Leaders has been in touch with our GDOT contact to begin conversations to modify their plan. Councilmember Longoria Could you please explain how the four lots in question that have always been zoned R-2 (residential) became a part of the Visioning Study and their potential for non-residential use. Michele McIntosh -Ross We reached out to all of the property owners along the Highway 9 corridor and those properties were included. Kathleen Field, Community Development Director We wanted to reach out to all the property owners and stakeholders along Highway 9 so they could have a voice in how they wanted the area to look. We indicated that we would first conduct a visioning study to reflect their ideas for the area and then secure that vision through a Form Based Code. We pursued this endeavor in an attempt to get ahead of development. We felt that a lot of the parcels along that corridor were underutilized and under zoned. We also anticipated a lot of rezoning requests coming in the future. We wanted to establish a common vision to determine the types of uses, heights, design controls, buffers, etc. Councilmember Longoria What restrictions have been placed on these parcels? Kathleen Field Square footage, certain uses are not accepted, height, roof lines, etc. Councilmember Thurman I want to make sure that the ideas in this visioning study will not be overlooked when we develop the Form Based Code. Michele McIntosh -Ross You can be assured that we will include all of the information we have gathered and agreed upon. Councilmember Thurman If a rezoning application is submitted, are we allowed to defer it until the Form Based Code has been approved? Chris Lagerbloom, City Attorney No, we will have to review any re -zoning requests we receive under the zoning laws that are currently in place when the request is received. However, if you want to place a moratorium on any zoning requests in this area then our City Attorney can draft language to that effect and you can vote on it. After discussing the possibility of a moratorium, I have spoken to our City Attorney and we can publish a Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 10 of 11 Special Called Meeting to discuss and vote on a 30 day moratorium at 5:45 p.m. this Monday night, June 9, 2014, immediately prior to the regularly scheduled council meeting. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 14-163. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS Update on Outdoor Siren Warning Project. (Matt Marietta, Fire Marshal) Matt Marietta, Fire Marshal All the cities surrounding us already have outdoor siren systems in place. The process for selecting locations for the sirens is extensive. It consists of sound propagation studies to consider heights of trees, height of the land, different geographical features, residential versus more heavily constructed areas as opposed to the more rural areas. We also have to consider features such as right of way; how far off we can put a pole from the roadway. We have to consider where sidewalks are located and telephone lines. The poles also need access to electricity. In working out all of the details, I have met with the vendor and public works to ensure this is a smooth transition. We are close to selecting several sites. We have chosen 10 sites to base the RFP's on. The maps in front of you show the potential placement of the sirens and the coverage areas. The sirens are just one part of all of the communication tools we use to keep our citizens safe and informed. I am looking forward to the implementation of these sirens. EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to go into Executive Session to discuss Land Acquisition and Lease Negotiations at 7:54 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 8:40 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. 1 Regular Meeting of the Milton City Council Monday, June 2, 2014 at 6:00 pm Page 11 of 11 1 ADJOURNMENT (Agenda Item No. 14-164) Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 8:42 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. After no further discussion the Regular Council Meeting adjourned at 8:42 p.m. Date Approved: June 16, 2014. '�-MAnk Sudie AM Gordon, City Clerk 1 1 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 June 2, 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.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. 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. 111111 SWORN TO AND SUBSCR W (3r4 't Vthis 2nd day of June, 2014:���yQ•�..••�; � • cc AClB4�G moo; O Notary Publicy•••...R;::••' My Commission Expires: ,�����