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HomeMy WebLinkAboutMinutes CC - 12/01/2014 - MINS 12 01 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, December 1, 2014 at 6:00 pm Page I of7 This summary is provided as a convenience and s ervic e to the public, media, and staff. It is not th e 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 Me etings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on December 1, 2014 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for the 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 Lusk, Council member Hewitt and Councilmember Mohrig. Councilmembers Absent: Councilmember Longoria PLEDGE OF ALLEGIANCE (Led by the Sons o/th e Am eric an Revolution) APPROVAL OF MEETING AGENDA (Agenda Item No . 14-324) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following changes : • Add an Executive Session to discuss Personnel and Land Acquisition . Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, December 1,2014 at 6:00 pm Page 2 of7 PUBLIC COMMENT Margaret Looten, 3515 Peacock Road, Milton, Georgia 30004 Granicus was not functioning from the inception ofthe meeting until the following verbiage: Get more involved in the trash . My problem as it stands right now is the competitive nature of the city, where you are allowed to have the people contract with garbage haulers rather than having one truck in the community has created a very competitive environment. The company that currently picks up the trash does not want to do anything to upset the customers that it already has . The management company does not have any control over the waste haulers action so I am stuck in the middle with the trash problem. That is why I contacted the city in hopes of having an advocate, somebody who could step in and help me make everybody who is involved in the problem of creating trash, take responsibility for their trash. That is basically all I have to say this evening . I thank you for your time and attention to this matter. I would be willing to speak with anybody here who has any concerns whatsoever about the trash and efforts to get this problem resolved. Thank you very much. CONSENT AGENDA 1. Approval of the November 3 , 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-325) (Sudie Gordon, City Clerk) 2 . Approval of the following Subdivision Plats: Name of Development Action Comments Kingsley Estates -Phase r ­ Unit 2C Final Plat Revision Revise lots lines between lots 51 & 52. Lake Haven Subdivision (aka Holloway Subdivision) Final Plat Revision Changed rear boundary lines for lots 25 & 25 to exclude quarry and easement from lots. Adjusted lot 2 to be 3 ft. above 100 year flood elevation . Providence Meadow Minor Plat Create 3 lots. (Kathl een Field, C ommunity Development Director) Motion and Vote: Council member Lusk moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, December I, 2014 at 6 :00 pm Page 3 of7 REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Police Chief Deborah Harrell ' s Eight Years of Service to the City of Milton. (Pres ented by Mayor Jo e Lockwood) 2. Recognition and Presentation of Milton "Five" Year Anniversary Service Award Pins. (Pr esent ed by Mayor Jo e Lo ckwood) FIRST PRESENTATION 1. Consideration ofRZ14-16 -To Amend Chapter 64 , Article XVII , Development Regulations . (Agenda Item No. 14-327) (Kathle en Field, Community Development Director) 2. Consideration of RZ14-17 -To Amend Section 64-1 Definitions. (Agenda Item No. 14-328) (Kathle en Field, Community De velopment Director) Motion and Vote: COlll1cilmember Kunz moved to approve the First Presentation Items. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License for BNG Investments, LLC , dba Beverage Depot, Located at 3355 Highway 9 N., Milton, GA 30004. The Applicant is Umang Gheewala for Package Retail -Wine, Malt Beverages and Distilled Spirits. (Agenda Item No. 14-329) (Sta cey Inglis, Assistant City Manager) Chris Lagerbloom, City Manager This is simply an ownership change. It has met all the requirements and staff recommends approval. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-329. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Council member Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, December 1,2014 at 6:00 pm Page 4 of7 ZONING AGENDA (None) UNFINISHED BUSINESS 1. Consideration of an Ordinance Reaffinning and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. ORDINANCE NO. 14-12 -229 (Agenda Item No. 14-316) (First Presentation at November 17,2014 Regular City Council Meeting) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager This ordinance was originally adopted at the beginning of the fonnation of the city in 2006 and has been reaffinned every year since then. This is the 8th time that the council has seen this ordinance come before them for approval. It is important that we reaffinn this ordinance because it establishes our solid waste protocol and policy for the next year and approves commercial and residential waste haulers. In addition, this is one of the services that we provide in order to receive sales tax from the service. The only change this year is the removal of two waste haulers that are no longer conducting business in Milton. Motion and Vote: Councilmember Thunnan moved to approve Agenda Item No. 14-316. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. NEW BUSINESS 1. Consideration of a Professional Services Agreement between the City of Milton and Town Planning & Design, LLC to Develop a Conservation Subdivision Ordinance. (Agenda Item No . 14-330) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director This contract for professional services is a follow-up to the public meeting that we held with Randall Arndt who is a national expert on conservation subdivisions. We hope to provide services for colleagues who are locally based to work through community hearings as well as draft a conservation subdivision ordinance for your consideration. Regular Meeting of the Milton City Council Monday, December I, 2014 at 6:00 pm Page 5 of7 Motion and Vote: Council member Lusk moved to approve Agenda Item No. 14-330. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. 2. Consideration of a First Amendment to the Memorandum of Understanding by and between Fulton County School District and The City of Milton for Building Plan Review and Inspection of Fulton County School Districts Capital and Facilities Improvement Projects. (Agenda Item No . 14-331) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager This is a simple modification in the form of a First Amendment to an existing MOU that we entered into when the city was established. This MOU was established because of the construction of Cambridge High School. With the current construction occurring at Hopewell Middle School and some renovations at Cambridge High School, we revisited this MOU and discovered that it had a term of five years which has expired. This amendment changes the term to a 20 year term. In addition, the school wanted language added to it with the understanding that it is renewable every year. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-331. Councilmember Thurman seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. 3. Consideration of an Agreement of Sale of Realty between the City of Milton and L. Gene Hyde for a +/-4.69 Acre Parcel of Property in the Amount of $175,000.00. The Proposed Acquisition is Identified as 0 Bell Park Drive, Tax Parcel No. 22-5040-0535-038-9. (Agenda Item No. 14-332) (Chris Lagerbloom, City Managel) Chris Lagerbloom, City Manager This agenda item and the next one are two contracts that were acted upon through decisions made during executive session. The first property is located on the left-hand side of the road as you enter Bell Memorial Park. It appraised for $225,000. It is under contract at $175,000. We are currently in the due diligence process so we can back out of the contract at this point if that is your direction, however, I do need a decision from you tonight on which way to move forward. I want to discuss both of these properties together because of the funding if we decide to move forward with the purchase. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 14-332. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, December 1, 2014 at 6:00 pm Page6of7 4. Consideration of an Agreement of Sale of Realty between the City of Milton and Celia H. Wilson for a +/-2 Acre Parcel of Property in the Amount of $156 ,000 .00. The Proposed Acquisition is Identified as 690 Hickory Flat Road, Tax Parcel No. 22-3890-0343-031-2. (Agenda Item No. 14-333) (Chris Lagerbloom , City Manager) Chris Lagerbloom, City Manager This property is located on all three sides encompassing Birmingham Park. It appraises at $150,000. It is under contract at $156,000. The two parcels together would be a $331,000 purchase of land. We can purchase these two properties in a few different ways. One way is to purchase them from our conservation land fund. Another avenue would be through our Fund Balance which would be a 21 % reduction in our fund balance. Stacey Inglis, Assistant City Manager The Fund Balance at the end of fiscal year 2014 will be somewhere around $8.6 million . That is 24% of the operating budget excluding the operating transfers out for fiscal year 2015. So, if we take that down to the 21 %, which we consider surplus, which is a decrease of $600,000. So, we have $600,000 we could spend which would take the fund balance down to 21 % of the operating budget. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-333. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS EXECUTIVE SESSION Motion and Vote: Council member Thurman moved to go into Executive Session to discuss Personnel and Land Acquisition at 6:54 p .m. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, December I, 2014 at 6:00 pm Page 7 of7 RECONVENE Motion and Vote: Councilmember Kunz moved to reconvene the Regular Meeting at 8:39 p.m. Councilmember Hewitt seconded the motion . The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. ADJOURNMENT (Agenda Item No . 14-334) Motion and Vote: Councilmember Thurman moved to adjourn the Regular Meeting at 8:40 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. Date Approved: December 15,2014. Sudie AM Gordon, City Clerk STATE OF GEORGIA ) ) AFFIDA VIT 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 December 1, 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. 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 O.e.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. 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