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HomeMy WebLinkAboutMinutes CC - 09/08/2014 - MINS 09 08 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monda y, September 8, 2014 at 6:00 pm Page I of II 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 September 8, 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, Council member Kunz , Council member Hewitt, and Councilmember Mohrig. Councilmembers Absent: Councilmember Lusk and Council member Longoria. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 14-236) Motion and Vote: Council member Thurman moved to approve the Meeting Agenda with the following changes: • Move from Public Hearing to New Business Agenda Item No. 14-250, Consideration of a Waiver Regarding Dual Representation of Forsyth County and the city of Milton Related to CPJ30014 . • Remove American Legion Day Proclamation to be presented at a later date . • Move Agenda Item No. 14-251, Consideration of the Abandonment ofAll Public Rights of Way within the Crooked Creek Subdivision , to the first Agenda Item under Public Hearing. Regular Meeting of the Milton City Council Monday , September 8, 2014 at 6:00 pm Page 2 of II Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Longoria were absent from the meeting. PUBLIC COMMENT Lisa Bumiller, 14708 Taylor Valley Way, Milton, Georgia 30004 My property abuts Little River Fann. I really hope that you will appro v e the event facility that is being requested. I think they should be able to stay open until 11 :00 p.m. CONSENT AGENDA 1. Approval of the August 4, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-237) (Sudie Gordon, City Clerk) 2. Approval of the August 11, 2014 Work Session Meeting Minutes . (Agenda Item No. 14-238) (Sudi e Gordon, City Clerk) 3. Approv al of the August 18, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-239) (Sudie Gordon, City Clerk) 4. Approval of a Design-Build Agreement between the City of Milton and the Cloverleaf Group, LLC for the Design and Construction of the Crabapple Pavilion. (Agenda Item No. 14-240) (Carter Lu cas , Public Works Dir ector) 5. Approval of a Professional Services Agreement between the City of Milton and NOVA Engineering and Environmental , LLC for Geotechnical Monitoring and Testing Services at Bell Memorial Park. (Agenda Item No. 14-241) (Carter Lu cas , Publi c Works Dir ector) 6. Approv al of a Professional Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for the Installation of a Scoreboard at Hopewell Middle School. (Agenda Item No . 14-242) (Jim Cr egge, Parks & Recrea tion Dir ec tor) 7. Approval of a Professional Services Agreement between the City of Milton and South Cover, Inc . for the Installation of Two Batting Cages at Hopewell Middle School. (Agenda Item No . 14-243) (Jim Cr eg ge, Parks & Recreation Dire ctor) Regular Meeting of the Milton City Council Monday, September 8, 2014 at 6:00 pm Page 3 of II 8. Approval of a Professional Services Agreement between the City of Milton and Fun-Fare to Provide Services for the 2014 Crabapple Fest. (Agenda Item No . 14-244) (Angela Thompson, Spe c ial Events & Project Manager) 9. Approval of a Professional Services Contract between the City of Milton and Effective Communications, Inc. for the Development of Social Media Policy. (Agen d a [tern No. 14-245) (Jason Wright , Communications Manager) Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda. Councilmember Hewitt seconded the motion. The motion passed unanimously (5-0). Council member Lusk and Councilmember Longoria were absent from the meeting . The following Proclamation was removed from the Agenda by Motion and Vote during Approval of Meeting Agenda. REPORTS AND PRESENTATIONS 1. Proclamation -American Legion Day. (Presented by Mayor Joe Lockwood) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 13, Fund Balance Policy -To Modify How the Minimum Fund Balance and Surplus Fund Balance are Determined and to Redefine How Surplus Fund Balance Can be Used. (Age nda Item No. 14-246) (Stacey Inglis, Assistant City Manager) 2. Consideration ofU14-02 -14505 Batesville Road, by LRF Milton, LLC -To Operate a Rural Event Facility (Sec. 64-1842). (Agen d a Item No. 14-247) (Kathleen Field, Community Development Director) 3. Consideration of an Ordinance to Adopt Amendments to the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Age nda Item No . 14-248) (Stacey Inglis, Assistant City Manager) Regular Meeting of the Milton City Council Monday, September 8, 2014 at 6:00 pm Page 4 of II 4. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 20 IS Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Ageoda Item No. 14-249) (Discussed at August] ], 2014 Council Work Session) (Discussed at August 23 , 2014 Special Called Work Session) (Chris Lagerbloom, City Manager) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Items. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Council member Longoria were absent from the meeting. PUBLIC HEARING Thefollowing Agenda Item No. 14-250 was moved by Motion and Vote to New Business. I. Consideration of a Waiver regarding Dual Representation of Forsyth County and the City of Milton Related to CP130014. (Ageoda Item No. 14-250) (Ken Jarrard, City Allorney) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No . 14 -249) (Discussed at August] I, 2014 Council Work Session) (Discussed at August 23,2014 Special Called Work Session) (First Presentation and First Public Hearing at September 8,2014 Regular Council Meeting) (Chris Lagerbloom , City Manager) Chris Lagerbloom, City Manager The total budget this year is balanced at $24,386,240. When we put the budget together, we looked at three priorities: • Sustainability of existing services. • Maintaining the quality of life for citizens and businesses through capital programming. • Enhancement to services through operating initiatives. Some of the initiatives we are proposing this year are as follows: Staffing enhancements to include two in the Police Department, one in the Communications Department, and one in the Public Works Department. We have also budgeted to improve our teclmology as a cloud-based system. Regular Meeting of the Milton City Council Monday, September 8, 2014 at 6:00 pm Page 5 of 11 As we have continued to do each year, I am also requesting a 2 .5% pay increase for all city employees. In addition , we conducted a salary survey and it indicated that we are lagging in the market for a couple of positions so we are requesting to adjust those accordingly. Our healthcare costs will increase by 5%. Per your request , we have modified the Capital Improvements projects to show funding in the year they are to occur as opposed to banking funds to be used at a later date. This budget contemplates the completion of Bell Memorial Park in 2015 and beginning to construct a new City Hall in 2017. We have budgeted for sidewalk improvements , intersection improvements, road paving, etc . There are also funds in the budget for several intersection and road improvements in the Crabapple area. Jack Lindon, 14810 E. Bluff Road, Milton, Georgia 30004 I have a concern with the proposed 2015 budget. I don't believe there is anything in the Capital Budget regarding the potential purchase of Conservation Easements or Conservation Subdivisions. I am concerned the city has not budgeted for anything that could help the recent activity of development going on in the city . However, at this point , we do not know what the plan is for conservation. We should know more at the end of the month when the consultant that the city hired will give us a green print plan. I believe the meeting is scheduled for two days after the budget is approved. I would ask that you take into consideration how any funds will be handled for conservation. Can the city set aside money for purchasing Conservation Easements? City Manager Lagerbloom Yes, the budget can easily be amended at any time. As soon as we have information regarding conservation easements, we can amend the budget to reflect those additional funds. Th efollo wing Agenda Item No. 14-251 was moved by Motion and Vote to thefirst Agenda Item under Public Hearing. 3. Consideration of the Abandonment of All Public Rights of Way within the Crooked Creek Subdivision . (Agenda Item No . 14-251) (Cart er Lu cas , Publi c Works Dir ector) Carter Lucas, Public Works Director This is the initial Public Hearing for the request to abandon all of the right of ways within the Crooked Creek Subdivision. Under our process, an initial application was brought before council for consideration on April 14 , 2014. That was not a Public Hearing but just a process to allow the application to move forward. Additionally, two Public Hearings will be held prior to any formal action taken by the council. In the past , we have had only one Public Hearing for abandonment requests. Any time we have an application with 100% approval, only one Public Hearing is required . In this case, we do not have 100% approval so we will have two Public Hearings. One Public Hearing will be held tonight and the other one is scheduled for October 6 , 2014 . At the second Public Hearing , there will be a full staff report and a vote taken by council. Regular Meeting of the Milton City Council Monday, September 8, 20 J 4 at 6:00 pm Page 6 of II Carl Westmoreland, 3343 Peachtree Road, Atlanta, Georgia 30326 I am representing the Crooked Creek Homeowners Association. We submitted an application several months ago and have been working with Carter Lucas. We will give our technical presentation at the October meeting. Steve Tipton, 920 Autumn Close, Milton, Georgia 30004 I am the President of the Crooked Creek Homeowners Association. In 2008, the residents of Crooked Creek voted on two issues. The first issue was to build a new clubhouse, pool, and amenities in the front of the neighborhood. It was approved and built and looks amazing. The second issue was to privatize our roads and gate the community . We received an 82% approval vote from the homeowners that were in attendance . However, at that time, state law precluded anyone from privatizing the roads and gating the community because it required a 100% approval. So, it remained a dream for a lot of homeowners. Then, Representative Jan Jones and the state legislature changed the provision and moved the decision making power to the local municipalities. The Milton City Council made the required changes and today there are guidelines regarding privatization of a road which ultimately leads to the gating of a community. The guidelines are very specific and detailed and are designed to ensure that the city has performed all the proper procedures to make good educated decisions. I stand before you tonight representing a super-majority of our homeowners -68%. Our goal is to have this request approved. We have worked through every requirement by the city and conducted six town hall meetings. Our association is on very sound financial footing and we have given the city the audited fmancial statements. We have commitments from local banks in the Alpharetta and Milton area to handle the project. We want to privatize our roads for the following reasons: • For the safety of our children • To reduce crime in our community • To have better roads • For higher property values • To have a higher quality of life • To reduce the cut-through traffic on Creek Club Drive This application answers the question, "Is it in the best interest of the City of Milton" for the following reasons: • The financial obligation for all of our roads comes off the city 's books. • The property values in our community will increase which will lead to more tax income for the city. • The aesthetics of Crooked Creek will be a desirable addition to the city. Thank you for your consideration. Terry Rubin, 3230 Wolf Willow Close, Milton, Georgia 30004 I have lived in the Crooked Creek subdivision for six years. The traffic has increased over the years and that is why I am in support of the gate . It is impossible to cross Creek Club Drive between 4:00 and 6:00 p.m. without taking your life in your hands. We have had police try to monitor the traffic speeds and rolling through the stop signs, however, we have become the thoroughfare from Hwy. 9 to Francis Road. I think the only way to solve this problem is with a gate. Thank you. Regular Meeting of the Milton City Council Monday , September 8, 2014 at 6:00 pm Page 7 of II Laura Wysong, 14305 Creek Club Drive, Milton, Georgia 30004 I live in Crooked Creek and Creek Club Drive was never intended to be a cut through road. It was not built for that reason and that is why there are safety issues on the road. I am in support of gating due to safety issues particularly the speed of vehicles travelling through the neighborhood . Due to the state restrictions on where a police officer can actually use equipment to give a speeding ticket, we are very limited in our community due to the hills, etc. Another issue is the growth that is happening to the north of Milton in Forsyth County. The traffic continues to get worse. Highway 9 is the main thoroughfare and when traffic backs up, our neighborhood is the cut through to Francis Road. Between 4:00 and 6:00 p.m. most of the cars are not from Fulton County. I support a gate for all of the reasons I have stated. Thank you. Joe Noble, 14400 Creek Club Drive, Milton, Georgia 30004 We have lived in Crooked Creek subdivision for 11 years. We are in support of the gate . There are a lot of kids in the neighborhood and the traffic and speeding is a very big concern. It is not a matter of if something will happen, but when it will happen . Safety is our number one priority. I think the gate will limit the amount of people coming through the neighborhood that don't live there and don't have a good reason to be there. Christine Noble, 14400 Creek Club Drive, Milton, Georgia 30004 Not only are we concerned about safety, but limiting the number of cars that come through the neighborhood that do not live in the neighborhood. The gate may help limit crime as well. Jean Stinebaugh, 985 Autumn Close, Milton, Georgia 30004 My husband and I are in support of gating Crooked Creek subdivision. The main reason we would like to see a gate is for safety. We have lived in the neighborhood for fourteen years and we have seen the traffic problem get worse and worse over the years. The crime in the area has also increased . City Manager Lagerbloom read the following into the record: Paul Pelaez, 14500 Morning Mountain Way, Milton, Georgia 30004 I am in support of gating the community. Surekha M. Bacaji, 335 Majestic Cove, Milton, Georgia 30004 I am in support of this agenda item to ensure the safety of the kids in our neighborhood by avoiding speeding cars on our roads. Lori Wynne, 14480 Creek Club Drive, Milton, Georgia 30004 We have lived in Crooked Creek for six years. We are against gating the neighborhood. I do not think the traffic studies that have been conducted are a true count ofthe number of vehicles that actually live in the neighborhood. We have over 600 homes in the subdivision. The cars that go through the neighborhood are the residents. The people who are speeding are the residents. The people who are having accidents in the neighborhood are the residents. I don't think that gating is going to stop these issues . We are a big neighborhood. We are the largest neighborhood in Fulton County. There is a lot of action in our subdivision. I do not think that gating is going to stop the speeding or the crime. We still have to open up the neighborhood for service vehicles. We know that service vehicles are a big ploy for criminals. One issue that has not been addressed is the amount of traffic that is generated from our Regular Meeting of the Milton City Council Monday, September 8, 2014 at 6:00 pm Page 8 of 11 tennis clubs and swim team. The gates will have to be opened for all the tennis and swim team members. I don't think that the residents who are against gating were properly represented. We were only asked to sign a document if you were in favor of gating. We did not have a voice if we were not in favor of it. That is why they had so many meetings and sent numerous emails and letters. They also had people go door to door because they didn't think people knew about the possibility of gating. We knew about it but we didn't have a voice to say, "no". Also, there are people who looked at the cost of maintaining the roads and didn't think that would be enough over time. Our HOA dues will be increased by $540 per year and that will not be enough to maintain the roads. We will have to pay more to maintain seven miles of roads. Michelle Thelen, 3380 Wolf Willow Close, Milton, Georgia 30004 I am against the gating project. I believe it is going to cost a lot more than what they have estimated. They did not take into consideration the cost of maintaining the sidewalks, etc. Our HOA Board is comprised of all residents who are in favor of gating. The residents who are opposed to gating did not have a voice. I believe that speed bumps will take care of the speeding and cut-through issues. Another recommendation that I believe will help solve the traffic problem is to widen Highway 9. It should have been done a long time ago. People have failed to realize that if we gate the subdivision, police will not be able to patrol people failing to stop at stop signs or speeding. Therefore, those issues will become more of a problem. City Manager Lagerbloom read the following into the record: Maria Daly, 14495 Eighteenth Fairway, Milton, Georgia 30004 Don't care about gates. A resident for ten years. Councilmember Thurman Will the police still be able to patrol the subdivision if there is a gate? City Manager Lagerbloom The subdivision would tum into private property so the police would have limited enforcement authority. The police would still be able to patrol and respond to calls for service. There are certain offenses that the police would be able to cite and other ones they could not enforce. The more common offenses such as running stop signs and speeding would not be enforceable on private property . The more serious traffic offenses such as DUI, vehicular homicide, reckless driving, etc. are citable on private property. So, to answer your question, they would lose some of their day-to-day ability to patrol but not all of it. ZONING AGENDA (None) UNFINISHED BUSINESS (None) Regular Meeting of the Milton City Council Monday, September 8, 2014 at 6:00 pm Page 9 of 11 NEW BUSINESS 1. Consideration ofa Waiver regarding Dual Representation of Forsyth County and the City of Milton Related to CP130014. (Agenda Item No. 14-250) (Ken Jarrard, City Attorn ey) Ken Bauer, 15205 Sandpoint Trace, Milton, Georgia 30004 I am aware that Mr. Jarrard is representing both the City of Milton and Forsyth County regarding the proposed new waste disposal facility that will border the city and Forsyth County. Could someone please explain, in lay terms, how Mr. Jarrard could possibly represent both sides of this issue? This seems that it would be a conflict of interest. I would appreciate it if the city would send notification to Forsyth County indicating that you are representing the best interests of the citizens of Milton. Dawn Cushing, 3355 Plantation Trace, Milton, Georgia 30004 I am opposed to Mr. Jarrard representing both the City of Milton and Forsyth County regarding the proposed waste facility by Advanced Disposal. I feel that it is a conflict of interest. For Forsyth County, this request is a revenue generator as well as a place for citizens to dump their waste . However, there are no benefits to the City of Milton for this requested waste facility. This facility will have a negative impact to the citizens of Milton. Our citizens will see a decrease in their property value and a hazardous environmental impact. I do not see how Mr. Jarrard can have an unbiased view when both parties have a completely different set of circumstances to either gain or lose. City Manager Lagerbloom read the following into the record: Rosemary Nelson, 15170 Sandpoint Trace, Milton, Georgia 30004 My home/neighborhood backs up to Advanced Disposal. I am very much opposed to their permit application CP130014 to expand their facility. I would like to ask the Mayor and City of Milton to oppose this as well since their plan to expand will very negatively affect residents, businesses, and the quality of life of many in Milton. Ken Jarrard, City Attorney The comments that have been made are well-taken. My firm represents many jurisdictions whose interests may overlap. It is with an abundance of caution that whenever I see two or more of my jurisdictions being represented, I present a conflict of waiver. It is not because I think there is a conflict. At this point, Forsyth County has not taken a position on this CUP application. It is still pending. We will not know their position until either the CUP has been approved or denied. In addition, there is no City of Milton opinion on this issue as well. So, there is not any adversity as such at this time. This waiver is simply to let the council and public know that I have identified that two of my clients are both involved in a matter that mayor may not be controversial. If I believed that there was any controversy at any point in the matter, I would not continue to represent either Forsyth County or the City of Milton. I would recommend that new attorneys represent both parties. By law, the same lawyer is not allowed to represent both sides of a dispute. Regular Meeting of the Milton City Council Monday, September 8, 2014 at 6:00 pm Page 10 of 11 Motion and Vote: Councilmember Mohrig moved to withdraw Agenda Item No. 14-250. Councilmember Hewitt seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Council member Longoria were absent from the meeting. MA YOR AND COUNCIL REPORTS GENERAL PUBLIC COMMENT Colonel (Retired) Robert E. Quinn, 13850 Cowart Road, Milton, Georgia 30004 I would like to speak on a specific issue that you have inherited as a city which is the road closure of Cowart Road. It has been closed due to the Milton Trail and is located next to Summit Hill Elementary School. We have had several instances and I have brought this issue up for several years. The reasons that are given for having a barrier on this road are to keep it a rural area of Milton and also one of our councilmembers and a state Senator live on that road. They want the road closed to keep buses from being able to get to the school from that road. Last week, there was a lady who lives on that road who fell. She is 88 years old and was one of the founding members of this city several years ago. The first responders showed up on the other side of the barrier from where she lives. I have made several verbal complaints to the City Manager in the past regarding this situation. I am here tonight because at this point in time with the growth of Milton, I would like for the city to open an investigation into how the first responders would be able to respond to Summit Hill Elementary School based on where the fire hydrants are located and the ability for them to crash through the barrier if needed. The lady is in intensive care tonight and might possibly die. I think the response time from the fire department could have been shortened if the barrier did not exist. I would like the investigation to include comments from the first responders and their thoughts on and whether or not the barrier creates a hazardous situation. In addition, I would like the first responders to be interviewed and find out how they feel about the road being closed and if it affects their ability to deliver aid . ST AFF REPORTS 1. Update on FY15 Budget. (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager After the work session we had last week, I heard you say that you wanted projects to be funded in the year they are to be built and not accumulate funds over time; get projects built. Also, put focus on current assets and their repair prior to focusing on the construction of new assets. In addition, I heard you say to make sure that the Capital plan is realistic and could be funded. And, finally, as we heard in our First Presentation items tonight, the request to consider an ordinance to amend Chapter 2, Article VI, Division 13, Fund Balance Policy -to modify how the minimum Fund Balance and Surplus Fund Balance are determined and to redefine how surplus Fund Balance can be used. Carter and Stacy spent many hours determining a seven year plan that is attainable. Regular Meeting of the Milton City Council Monday, September 8, 2014 at 6:00 pm Page II of II ADJOURNMENT (Agenda Item No. 14-252) Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at 7:40 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Longoria were absent from the meeting. After no further discussion the Regular Council Meeting adjourned at 7:40 p.m. Date Approved: September 22, 2014. Joe LOCkWOO(2('Su Ie AM Gordon, CIty Cler