Loading...
HomeMy WebLinkAboutMinutes CC - 07/21/2014 - MINS 07 21 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, July 21, 2014 at 6:00 pm Page 1 of 13 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 ofthe City of Milton was held on July 21, 2014 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Mohrig, Councilmember Lusk, and Councilmember Longoria. Councilmembers Absent: Councilmember Hewitt. PLEDGE OF ALLEGIANCE (Led by the Mayor) APPROV AL OF MEETING AGENDA (Agenda Item No . 14-204) Motion and Vote: Council member Lusk moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss land acquisition and litigation. 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, July 21 , 2014 at 6:00 pm Page 2 of 13 PUBLIC COMMENT CONSENT AGENDA 1. Approval of the July 1,2014 Special Called City Council Meeting Minutes. (Agenda Item No. 14-205) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending June, 2014. (Agenda Item No. 14-206) (Stacey Inglis, Assistant City Manager) 3. Approval ofa Professional Services Agreement between the City of Milton and Ross + associates for the Provision of an Impact Fee Study. (Agenda Item No. 14-207) (Kathleen Field, Community Development Director) 4. Approval of Title VI Assurances and Nondiscrimination Agreement. (Agenda Item No. 14-208) (Sara Leaders , Transportation Engineer) 5. Approval of an Easement Limited Agreement between the City of Milton and Bellsouth Telecommunications, LLC d/b/a AT&T Georgia. (Agenda Item No. 14-209) (Sara Leaders, Transportation Engineer) 6. Approval of Change Order #2 between the City of Milton and BM&K, P.c. to Provide SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvement Right of Way Services. (Agenda Item No . 14-210) (Sara Leaders, Transportation Engineer) 7. Approval of an Acquisition Contract for Purchase of .3277 Acre Parcel by the City of Milton from JW Homes, LLC for $46,000, Located at the Intersection of Lecoma Trace and Branyan Trail in Milton, Georgia. (Agenda Item No. 14-211) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION (None) Regular Meeting of the Milton City Council Monday, July 21,2014 at 6:00 pm Page 3 of 13 PUBLIC HEARING 1. Consideration of a Resolution of the City of Milton, Georgia Extending for 90 Days a Moratorium Barring the Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R-2A Zoning Districts. (Agenda Item No. 14-212) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney As you know, the city has had a moratorium in place with respect to the acceptance of new zoning applications for the zoning categories of CUP, NUP, TR, R-2, R-2A. The moratorium is scheduled to expire August 1, 2014. It is my understanding that there may be a need to continue the moratorium for at least an additional 90 days. So, it is necessary that we have this public hearing if you choose to extend the moratorium. Walter Rekuc, 615 Scarlet Oak Trail, Milton, Georgia 30004 I am concerned about the moratorium. Is it a maximum of90 days or perhaps sooner? Ifwe could give staff some input on these changes, I think it would be beneficial. Tomorrow, the Community Development Department will be meeting with real estate agents, developers, builders, etc. to talk about this issue and conservation subdivisions. I hope the moratorium will not stay in place any longer than necessary. SECOND PUBLIC HEARING 2. 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 2014, and for Other Purposes. (Agenda Item No. 14-194) (First Presentation at July 7, 2014 Regular City Council Meeting) (First Public Hearing Held at July 7, 2014 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager According to the official code of Georgia 48-532, we are required to hold three public hearings on the establishment of a millage rate when there is an increase in the tax digest. The first public hearing was held on July ih. Tonight is the second public hearing. The third public hearing and adoption of the millage rate will be presented on August 4th. Tax bills are projected to be mailed on September 15t with taxes due on October 31 st. The total tax digest is $2,112,490,166. The total tax digest includes real, personal, and motor vehicle taxes. The total taxes levied will be $9,994,191. Property taxes will be almost $9 .5 million and motor vehicle taxes will be about $500,000. There is a property tax increase of 4 .17% which is due to the reassessment of existing property. This is inflationary reassessments only. When coupled with the upsurge in the tax digest for newly improved properties, the overall taxes levied will be 8.1 % higher than 2013. This is not a millage rate increase; this is an inflationary increase for reassessments for existing property . The millage rate of 4.731 mills is the same rate the city has had since our first tax bill in 2007. Regular Meeting of the Milton City Council Monday, July 21,2014 at6:00 pm Page 4 of 13 ZONING AGENDA 1. Consideration ofRZ14-10NC14-01-13941, 13943,13945 Highway 9 North (east side) by Phoenix Senior Living, LLC Containing 5.3 Acres Currently Zoned 0-1 (Office -Institutional) to 0-1 (Office-Institutional) to Develop a 74,000 Square Foot Assisted LivinglMemory Care Facility (86 units) and a Concurrent Variance to Increase the Height of the Building from 2 Stories and 30 feet from Average Grade to the Eave to 3 Stories and 36 feet to the Eave. ORDINANCE NO. 14-07-212 (Agenda Item No. 14-187) (First Presentation at July 7, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) Mayor Lockwood Let me make an announcement. For myself, at one point I was involved with, and Ken can confirm this, in the past I think I have recused myself on this case because at one point I was involved with a company that owned the property and that is still a little bit in litigation. Not that it has anything to do with this use or whatever but just for the record I won't be voting on this and I am not going to comment on it. City Attorney Jarrard That's right. You have done this out of an abundance of caution. Councilmember Lusk I too will recuse myself. My company is having discussions with the applicant. Mayor Lockwood Does Bill need to leave? City Attorney Jarrard No, you are welcome to stay. Kathleen Field, Community Development Director The first slide shows the site outlined in red. As we all know, it is directly north of the CVS on Route 9. We are showing the zoning and there are four parcels and the northern ones are outside of the Deerfield Form Based Code and are zoned ONI. This particular slide shows the current zoning as it exists. You can see the Form Based Code covers the two southern parcels. The future land use map for this area shows it to be for mixed use and you can see that it, again, the two northern parcels are located in what will be our Highway 9 North area. As you know, we went through the visioning which proposes mixed use for this whole area but it is not in place at the moment but we tried to honor the intent. The revised site plan is shown before you that was submitted on June 18, 2014. And, here is an elevation that was submitted June 25 th of the proposed site. The subject site contains 5.3 acres and is undeveloped with a vacant house. The subject site was rezoned 0-1 Office Institutional pursuant to RZ07-I0 for 28,104 square feet at a density of 5,332 square feet per acre of general office for the four parcels. And, there is an analysis essentially of the zoning as it relates to the four parcels. You can see the two north parcels are in ONI and then over the ONI we have the Highway 9 Overlay and that overlay only allows two stories. The two south parcels are in the Form Based Code with a T5 transect zone to be specific and it does allow graded density at four stories. So, we have basically a cut in terms of the parcel in terms of Regular Meeting of the Milton City Council Monday, July 21, 2014 at 6:00 pm Page 5 of 13 what the zoning is. Since the adoption of the DeerfieldfHighway 9 Form Based Code, there was a request to rezone from 0-1 Office Institutional to Townhouse Residential to develop 24 single family detached residences . Both the staff and Planning Commission recommended denial based on the future land use plan recommendation of Mixed Use and the Form Based Code recommending T5 which contemplates mixed use development for that portion of the site within the T5 transect zone. The applicant withdrew the request without prejudice at the City Council meeting on January 22, 2014. Based on the applicant's revised site plan submitted to the Community Development Department on June 18, 2014, staff offers the following considerations. State Route 9 overlay district requirements ­ based on all the required development standards, the site plan indicates compliance with the development standards for 0-1 and the State Route 9 overlay district except for the height. In terms of the Deerfield Form Based Code area, the development meets the intent of the development standards. Staff requested that the building be pushed forward to Route 9 as far as possible to be in keeping with the Form Based Code and that is for both the Deerfield Code as well as the intended code that we will be putting in place for the State Route 9 area. Although the rezoning process does not require architects to be submitted, the applicant has worked with staff and the city architect to meet the requirements of essentially all of the codes that affect it. The applicant has submitted various designs and has responded to both the Design Review Board and the city architect's feedback to produce an aesthetically pleasing building. The rendering provided in the report reflects the latest iteration. The final building design, however, will be required to be presented to the Design Review Board prior to the issuance of the building permit. VCI4-01, to increase the height of the building from two stories and 30 feet from average grade to the eave to three stories and 36 feet from average grade to the eave, section 64-1095. The proposed building height is three stories and 36 feet from average grade to the eave. The nature of an assisted living facility requires a large amount of square footage thus the need for increase in stories and height. On this site, by designing a building vertically, less of the site is measurably impacted with additional vegetation removed. Staff also noticed that the T5 transect zone permits buildings to be built up to four stories in height. The city architect has worked closely with the applicant's architect to present a building that is in keeping with the site as well as designing a building to blend in with the site . It is staffs opinion that the applicant has demonstrated that relief, if granted, would not offend the spirit or intent of this zoning ordinance. The applicant has designed a building that works with the site and has preserved a large portion of the site with vegetation as well as specimen trees. Additionally, the 0-1 zoning district also allows buildings to be up to four stories in height even though the Highway 9 Overlay District requires two stories. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship. Relief, if granted, would not cause a substantial detriment to the public good and surrounding properties. It is staff s opinion that the site and the building are designed appropriately to ameliorate the effects of three stories. It will not cause a substantial detriment to the public. Based on this analysis, staff recommends approval/conditional of VC14-01. Arborist comments: there are eleven specimen trees on the site that will require recompense. The applicant has stated that three specimen trees will be removed that consist of a three inch pine, a thirty inch oak, and a twenty-eight inch oak. Staff notes that in the previous rezoning pursuant to RZ07­ lOa condition of zoning was included to preserve three trees on the site identified as 1, 5, and 6. The exhibit will be included at the end of the staff report. The applicant stated that these trees will be saved. In terms of the financial modeling impact, our analysis shows that over twenty years the annual net fiscal impact will be $515,479. In terms of public involvement, the CZIM meeting was held on May 2ih. The applicant was present. There were four members of the community in attendance. There were no specific comments made regarding the project. Public participation report; the applicant hosted a public participation meeting on Monday, June 2nd at the Windward Kroger community room. The applicant's report stated that no one appeared at the meeting. There was a courtesy review by the Regular Meeting of the Milton City Council Monday, July 21,2014 at 6:00 pm Page 6 of 13 Design Review Board and their comments include that the community would prefer a building with a non-institutional look with more of a bungalow style with depth and perspective, more variation of the fas:ade, consider multiple masses, would not oppose a three story building if it fit in the site properly. The subdivisions right behind the site in Lake Laurel may have issues with the proposed three story building. Rendering should show building on actual grate. Perhaps, wait until the new Highway 9 Form Based Code is completed and work with the city architect directly to come up with a product that the community will buy into. Standards of review; the proposed assisted living facility developed with 74,000 square feet and a density of 13,962 square feet per acre is suitable to the existing uses to the south and the north. To the east, the required 75 foot undisturbed buffer and ten foot improvement setback provides the necessary screening. It is staff s opinion that the proposed use is suitable with adjacent and nearby developments and zonings and to the Deerfield South State Route 9 Form Based Code Overlay District. Therefore, staff recommends approval/conditional RZ 14-10 and VC 14-0 1. The Planning Commission recommended approval/conditional of both of these applications. Recommended conditions: To the owner's agreement to restrict the use of the subject property as follows: An assisted living/memory care facility with no more than 86 living units. No more than 74,000 square feet at a maximum density of 13,962 square feet per acre. To the revised site plan received by the Community Development Department on June 18, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances. Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. Preserve trees identified as 1, 5, and 6 on the exhibit attached . Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels. Final design of the site and building to be approved by the City Architect. To the owner's agreement to abide by all requirements, dedication, and improvements as per ODOT and the city's Director of Public Works. All stated conditions are to be met. There are several of them which I will not go into but are included in your report. Mayor Lockwood Are there any questions for Kathy now before the presentation? Nathan Pete Hendricks, 6085 Lake Forrest Drive Suite 200, Atlanta, Georgia 30328 Before we get started, Robyn, could we take a look at the preamble page and the recommended conditions 86; it is 86 units, not 84 units. Robyn MacDonald The power point says 84 units but it is actually 86 units. Pete Hendricks Mr. Mayor and members of council, Pete Hendricks, I practice law at 6085 Lake Forrest Drive in Sandy Springs. Kathy has been through the litany of the application with particular regard to the concurrent variance being sought, the hardship that is unique to the property, the standards that must be met in order to achieve the relief that is being sought under the concurrent variance and the fact that your staff has found that the applicant has fully complied to each and everyone of those three primary standards that are required. It is a 5.3 acre tract that is contiguous and to the south is a CVS zoned to the C-l classification contiguous and to the north is M-l zoning and that is sort of a comfort design facility that is being operated on that particular piece of property. I think out of all of your staff review and comment to me probably the most poignant appears on page 17 where it says the site is bisected between Regular Meeting of the Milton City Council Monday, July 21, 2014 at 6:00 pm Page 7 of 13 the traditional 0-1 zoning district with the State Route 9 Overlay District and the Deerfield Highway 9 Fonn Based Code Overlay. Staff has reviewed the site and the building so that the portion in the Fonn Based Code development meets the intent of those standards as well as the portion within State Route 9 Overlay the development meets these standards. Speaking to the same point again on page 23, once again confinnation with your comprehensive plan, as we have gone through this, we know of no opposition that has come forward . We have a recommendation of approval out of your staff on both the rezoning request as well as a concurrent variance request. Jesse Marinko who is the person who is the principal applicant, is the person that would undertake the ownership, development, and management of this property if you see fit to approve it. So, I am going to let Jesse step up and explain who he is and what his background is and with that we would respectively request your approval of both applications pursuant to the recommendation from staff. Jesse Marinko, 114 Townpark Drive, Suite 400, Kennesaw, Georgia 30144 I am the owner and operator of Phoenix Senior Living. We are a locally held, privately held organization operating out of Kennesaw, Georgia. I grew up in Georgia. I played college ball at the University of West Georgia so you could say that I am a locally, home grown guy. I have worked in Senior Housing for the last 15 years. I worked for companies like Sunrise Senior Living, Brookdale Senior Living, and Benchmark Senior Living. Some of those were publicly held institutions and some of those are privately held institutions. I have worked in all capacities from simple site management to the VP of Operations over the east coast to overseeing acquisitions in development for the privately held firm, Benchmark Senior Living. The goal of Phoenix Senior Living is to be a quality organization that is focused on care, compassion for the resident, compliant with state guidelines and quality care and also to create jobs within the local market. This assisted living and memory care community will roughly create between 50-65 jobs in the City of Milton overall. The community as we have talked about is an 86 unit community that will serve assisted living and memory care residents. So, adding additional services to the market as well. I just appreciate the opportunity to present. We also have my architect, Keith Allen, who is from RKS Green Consultants who has developed the property. I will allow him to talk a little bit about the site and how he has designed it. Keith Allen, 4025 Little Falls Drive, Cumming, Georgia 30041 I am with RKS Green Consulting Group. We are based in Cumming, Georgia. We are an architect and civil engineering firm and we are doing the architecture and the civil engineering on this project. My civil engineer is out of town so I am trying to step in on his behalf. What we tried to do first and foremost with this site is to align with some of the proposed realignment of the Bethany Bend area. The realignment on the west side of Bethany Bend is proposed to go in at roughly the center of our site and so we tried to establish the entrance at that point where a signal could be centralized at that intersection if necessary. The GDOT is going to accept this and it also allows us to place the building on the portion of the site where we can slope down from this area and slope down again. There is about 20 feet of fall from the back. It is a little deceiving when you look at the site. There is a good bit of fall but we are proposing that the building might be about 6 to 7 feet below the grade at this point, below the road, I'm sorry. And, so the circulation of traffic would be to come in and go through this way . We tried to minimize the number of parking spaces at the front of the site to just eleven spaces. This allows us to put the building closer to the road which was requested by the Planning Commission. We have worked with the city architect to come up with a building that is pleasing with a bungalow craftsman style stone and brick which will comprise 75% of the building to meet the fonn based code intent. So, we are asking for your approval of this item. Regular Meeting of the Milton City Council Monday, July 21,2014 at 6:00 pm Page 8 of 13 Pete Hendricks Just a closing comment. I think with this type of use we have a benefit that runs of being a very quiet, non-invasive, non-intrusive use. You have no a.m. and p.m. peaks. You have a modest amount of traffic coming and going and obviously you don't have an infusion of school children. So, with that I think it really fits within the fabric of the mix of uses that is envisioned for this part of the city. Thank you. Councilmember Kunz With regards to staff, I am just making sure; we have 86 units, 30 some odd parking spaces, is that normal for a commercial property , a property like this? I just wanted to verify that. Robyn MacDonald It does. There is an actual ratio that is required in the code for this type of use and they actually have a few more parking spots than required by the code. Councilmember Kunz We have a specific code just for senior living places? Robyn MacDonald Yes. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-187. Councilmember Mohrig seconded the motion. The motion passed unanimously (4-0). Mayor Lockwood and Councilmember Lusk recused themselves from the vote. Council member Hewitt was absent from the meeting. 2. Consideration of ZM14-06 -Southeast Comer of Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG-l (Agricultural). By Capkey Birmingham Partners, LLC to Modify Condition l.d. to Delete the Community Park and Community Septic System. To Modify Condition 2.a. to Revise the Site Plan. (RZI4-0116). ORDINANCE NO. 14-0 7-213 (Agenda item No. 14-188) (First Presentation at July 7,2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Thank you Mr. Mayor and members of the council. On the slide you can see the area parcel outlined in red. This is the same parcel that came before you last month. The current zoning shows for the northern part of the parcel to be mixed use and then the lower part to be AG-l. This is the revised site plan that was submitted on June 17, 2014. Also , here is the original site plan from 2004 for the approved zoning at that time. In terms of history and background, at the June 16, 2014 Mayor and City Council , the applicant's request pursuant to ZM14-03 to amend Conditions I.c., I.d., 2.a., and 3.b were approved. These amended conditions deleted the requirement for the day care facility, allowed single family Regular Meeting of the Milton City Council Monday, July 21, 2014 at 6:00 pm Page 9 of 13 homes, curb cut(s) along Birmingham Hwy to be determined by the Georgia Department of Transportation and lastly modified the site plan. After further evaluation of the site plan with original conditions approved pursuant to 2004Z-ll6 by Fulton County, Staff detennined that Condition 2.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions) and therefore the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to remove the reference to the "community waste water facility" indicated on the site plan within the AG-l portion of the development. And, to essentially summarize what is going on here in terms of the request is that the applicant would like to use the community septic system that is on the northeast quadrant as opposed to using the one that was included on their site plan as part of the original rezoning. There was a separate community septic system on the southeast quadrant. So, they would like that to go away and would like instead to use and share the existing one that is behind Publix, therefore, there is a request to modify the condition as well as to change the site plan which actually has a delineation on the site plan of this request as well, of this requirement, I should say. So, therefore the proposed modification to the conditions are to delete from (l)d the requirement for community park and community septic system and essentially just make reference to the residential development on the one acre minimum lot on the 13 acres. These are the 13 acres that are zoned AG-1 on the southern end of this proposed development. Also, to change the site plan to the one dated June 17, 2014 and that will delete on the site plan that requirement for the community septic system on the southeast comer. So, it is a change of condition and change of the site plan. At the CZIM Meeting on June 24, 2014 there were no members of the community present. The applicant is requesting to delete the required community park and septic system as described above. It was the applicant's intent to serve the southeast quadrant with the existing community septic system located on the northeast quadrant. Staff notes that the one acre AG-1 lots will be required to provide individual septic systems for each of their lots as required. In addition, the community park was to be developed in conjunction with the required community waste facility which is how the community waste facility was developed on the northeast quadrant. If the community septic is deleted, so should the community park. Below is the letter from the engineer indicating that there is future capacity for the southeast quadrant using the northeast quadrant's community septic system. And, this is the letter that we have from Ken Wood stating that there is capacity in the community septic system on the northeast quadrant to serve the southeast quadrant. As mentioned before, there is reference on the 2004 site plan of "community waste water facility". The revised site plan indicates that general area as "open space". This is an acceptable substitute and at such time the site is developed, this area will remain undeveloped. Based on staff's analysis, staff recommends approvaVconditional of condition 2a and 2d as referenced above. Are there any questions? Councilmember Lusk Kathy, I wasn't here at the previous meeting, that area that was previously designated as a community park, what is that area going to be? Kathy Field It will not be developed. It will be open space. And, that is what will show on the revised site plan. Councilmember Thurman Staff recommended approval of condition 2a and 2d. What about 1d which was the modified; are you recommending approval of all of that too? Regular Meeting of the Milton City Council Monday, July 2\ , 20 \4 at 6:00 pm Page 10 of 13 Kathy Field Robyn, can you clarify that? Is that a typo because as I was reading it; should it be 2a and 1 d as referenced above? Robyn MacDonald It is 2a and 1 d and that is in the report. Councilmember Thurman So, it is not 2a and 2d it is 2a and 1 d. Robyn MacDonald Correct. Kathy Field Thank you. Loren Wimpfeimer, 5 Concourse Parkway, Suite 2950, Atlanta, Georgia 30328 I defer. I reserve my time for Ken Wood. Ken Wood, 350 Research Court, Norcross, Georgia 30092 We can before you last month to talk about the project so I will keep it brief. Essentially, this is the previous site plan and this is the location that was specified for the community septic tank and when we got to looking at it, we realized that it was just one of the site planning things that we can across previously where sometimes things just kind of get put on the plan where there is space left over. We realized the slopes in this area are too steep for a community septic field so it would not have worked anyway. So, then we had a lot of discussions with AG Armstrong, the owner of the treatment plant, and realized that there was sufficient capacity for the development. So, we worked with his engineer and myself and came to a conclusion that there was capacity for the 33 single family homes or townhomes to be proposed up here as well as additional capacity for the commercial. For some reason, if everything wanted to be a restaurant and we slightly exceeded that additional capacity, we also have areas down just below the commercial where we can do an additional couple of septic lines if we needed to but we don't anticipate that. So, for right now the area that we have on our site plan, the question that came up just a second ago, our open space area is actually even larger, that is kind of the area that has a lot of the existing trees and it is not really suitable for that area. And, so if there was going to be an additional septic field it would be down there just below the roundabout. For now, we have checked the capacity, we have worked with Armstrong, but we feel like we have a superior plan to what it was before. With that, I will reserve any time for questions. Motion and Vote: Councilmember Kunz moved to approve the Agenda Item No. 14-188. Council member Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Regular Meeting of the Milton City Council Monday, July 21,2014 at 6:00 pm Page 11 of 13 3. Consideration ofRZ14-05 -To Amend Article VI, Division 23 -CUP (Corrununity Unit Plan) District. (Agenda Item No. 14-189) (First Presentation at July 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to defer Agenda Item No. 14-189 to the regularly scheduled September 22 nd meeting. Councilmember Mohrig seconded the motion . The motion passed unanimously (6-0). Council member Hewitt was absent from the meeting. 4. Consideration of RZ14-06 -To Amend Article VI, Division 24 -NUP (Neighborhood Unit Plan) District. (Agenda Item No. 14-190) (First Presentation at July 7,2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Council member Longoria moved to defer Agenda Item No. 14-190 to the regularly scheduled September 22 nd meeting. Council member Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. 5. Consideration of RZ14-07 -To Amend Article VI, Division 13 -TR (Townhouse Residential) District. (Agenda Item No. 14-191) (First Presentation at July 7, 2014 Regular City Council Meeting) (Discussed at July 14,2014 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Kunz moved to defer Agenda Item No. 14-191 to the regularly scheduled September 22nd meeting. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. 6. Consideration ofRZ14-08 -To Amend Article VI, Division 4 -R-2 (Single Family Residential) District. (Agenda Item No. 14-192) (First Presentation at July 7,2014 Regular City Council Meeting) (Discussed at July 14 , 2014 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Council member Mohrig moved to defer Agenda Item No. 14-192 to the regularly scheduled September 22 nd meeting. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Council member Hewitt was absent from the meeting. Regular Meeting of the Milton City Council Monday, July 21,2014 at 6:00 pm Page 12 of 13 7. Consideration of RZ14-09 -To Amend Article VI, Division 5 -R-2A (Single Family Residential) District. (Agenda Item No . 14-193) (First Presentation at July 7, 2014 Regular City Council Meeting) (Discussed at July 14,2014 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Lusk moved to approve the withdrawal of Agenda Item No. 14­ 193. Councilmember KUl1Z seconded the motion. The motion passed unanimously (6-0). Council member Hewitt was absent from the meeting. UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of a Resol uti on of the City of Milton, Georgia Extending for 90 Days a Moratorium Barring the Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R-2A Zoning Districts. RESOLUTION NO . 14 -07 -309 (Agenda Item No . 14-212) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is in reference to the Public Hearing you had earlier tonight to extend the moratorium for the sooner of 90 days, October 31, 2014, or when you otherwise take action on the text amendments that were postponed tonight. If you choose to approve this resolution, I would suggest that you remove all references to the R-2A Zoning Districts based upon the action that was just taken to withdraw that as a text amendment. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-212 with the removal of all references to R-2A Zoning Districts. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. MAYOR AND COUNCIL REPORTS Regular Meeting of the Milton City Council Monday, July 21, 2014 at 6:00 pm Page 13 of 13 ST AFF REPORTS Chris Lagerbloom, City Manager I want to extend an invitation to you to attend the Bell Memorial Park groundbreaking on August 8, 2014. You will receive a more formal invitation soon . Please email me with anyone you would like to invite to the ceremony. Our first Family Fun Day was rained out and moved indoors but we had a great turnout in spite of the ram. Tom Daniel will be in town next week to discuss Greenspace Preservation . If you would like to talk to him individually, please let us know and we will make an appointment for you. This weekend in Chicago, our police department will be seeking its initial accreditation award which is a very high honor in law enforcement. We hope to return with the award on Sunday. EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to adjourn into Executive Session at 7 :07 p.m . to discuss land acquisition and litigation. Council member Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. RECONVENE Motion and Vote: Councilmember Kunz moved to adjourn back into the Regular Meeting at 7:39 p.m. Councilmember Mohrig seconded the motion . The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. ADJOURNMENT (Agenda Item No. 14-213) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 7:40 p.m . Councilmember Mohrig 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 7:46 p.m. Date Approved: August 18,2014. Sudie AM Gordon, CityCIe'"rk Joe LOCkO.;? 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 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 July 21, 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 a.e.G.A, 50-14-3(b)(I )(B-E); 2. X 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 a.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 a.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 this 21st day ofJuly, 2014. CKWOOD Notary Public My Commission Expires: