HomeMy WebLinkAboutMinutes CC - 01/21/2015 - MINS 01 21 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Wednesday, January 21 , 2015 at 6:00 pm
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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 January 21,
2015 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,
Councilmember Longoria, and Councilmember Mohrig.
Councilmembers Absent: Councilmember Hewitt.
PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
APPROVAL OF MEETING AGENDA
(Agenda Item No. 15-012)
Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda with the following
changes:
• Add a Proclamation under Reports and Presentations .
• Add an Executive Session to discuss Personnel.
• Add a Public Hearing for the Consideration of an Alcohol Beverage License Application for
Sterling Arcade, Inc. dba Paradise Biryani Pointe located at 5310 0 Windward Parkway, Milton,
Georgia 30004.
Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember
Hewitt was absent from the meeting.
PUBLIC COMMENT
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Regular Meeting of the Milton City Council
Wednesday, January 21 , 2015 at 6:00 pm
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CONSENT AGENDA
1. Approval of the January 5,2015 City Council Regular Meeting Minutes.
(Agenda Item No. J5-013)
(Sudie Gordon , City Clerk)
2 . Approval of the Financial Statements for the Period Ending November, 2014.
(Agenda Item No. ]5-014)
(Stacey inglis, Assistant City Manager)
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. 15-015)
(Jim Cregge, Parks and Recreation Director)
4. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton
and Blaze Sports America, Inc.
(Agenda Item No. 15-016)
(Jim Cregge, Parks and Re creation Director)
5. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton
and Eagle Stix Rec, Inc.
(Agenda Item No. 15-017)
(Jim Cregge, Parks and Recreation Director)
6. Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton
and NFL Youth Football League, Inc.
(Agenda Item No. 15-018)
(Jim Cregge, Parks and Recreation Director)
7. Approval of a Parks and Recreation Agreement for Outside Providers between the City of
Milton and Half Time Sports, LLC.
(Agenda Item No . 15-019)
(Jim Cregge , Parks & Recreation Director)
8. Approval of a Parks and Recreation Agreement for Outside Providers between the City of
Milton and Core Physique, LLC.
(Agenda Item No . 15-020)
(Jim Cregge , Parks & Recreation Director)
9 . Approval of a Parks and Recreation Agreement for Outside Providers between the City of
Milton and Newtown Recreation, Inc.
(Agenda Item No. 15-021)
(Jim Cregge, Parks & Recreation Director)
10. Approval of a Parks and Recreation Agreement for Outside Providers between the City of
Milton and Sperber Music.
(Agenda Item No . 15-022)
(Jim Cregge, Parks & Recreation Director)
Regular Meeting of the Milton City Council
Wednesday, January 21 , 2015 at 6:00 pm
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11. Approval of a Parks and Recreation Agreement for Outside Providers between the City of
Milton and FITT 2 U .
(Agenda Item No. 15-023)
(Jim Cregge, Parks & Recreation Dir ector)
12. Approval of a Professional Services Agreement between the City of Milton and Engineering 303 ,
LLC for a Boundary and Topographic Survey of Fire Station #42.
(Agenda Item No. 15-024)
(Carter Lucas, Public Works Director)
13. Approval of a Professional Services Agreement between the City of Milton and Ask-Kay
Electrical Contractors, Inc . for the Replacement of the Emergency Operations Generator at Fire
Station #41.
(Agenda Item No. 15-025)
(Cart er Lu cas , Public Works Direct or)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember
Kunz seconded the motion . The motion passed unanimously (6-0). Councilmember Hewitt was absent
from the meeting.
Thefollowing Proclamation was added by Motion and Vote under Approval of Meeting Agenda.
REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Sudie Gordon ,.City Clerk , for Completion of the City Clerk
Certification Program.
FIRST PRESENT A TION (No n e)
PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Consideration of the Issuance of an Alcohol Beverage License to Shuttle and Swirl, Inc. dba
Zola Italian Bistro, Located at 2955 Bethany Bend, Milton, Georgia 30004. The Applicant is
Jonathan Mattson for Wine , Malt Beverages and Distilled Spirits.
(Agenda Item No. 15-026)
(Stacey Inglis, Assistant City Manager)
Stacey Inglis, Assistant City Manager
This is simply a change of ownership for Zola Italian Bistro. They have adhered to all of the city 's
requirements to obtain their alcohol beverage license. They have advertised properly and placed the
Public Hearing sign in the appropriate location. We recommend approval.
Regular Meeting of the Milton City Council
Wednesday, January 21,2015 at 6:00 pm
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Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 15-026.
Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember
Hewitt was absent from the meeting.
The following Alcohol Beverage License Application was added by Motion and Vote under Approval
ofMeeting Agenda. Due to the incorrect placement of the Notice of Public Hearing sign, this Agenda
Item will be postponed until the Regularly Scheduled Council Meeting on February 18, 2015.
Consideration of the Issuance of an Alcohol Beverage License to Sterling Arcade, Inc. dba
Paradise Biryani Pointe, Located at 531 O-D Windward Parkway, Milton, Georgia 30004.
(Agenda Item No . 15-031)
(Stacey Inglis, Assistant City Manager)
Motion and Vote: Councilmember Longoria moved to postpone Agenda Item No. 15-031 to the
February 18, 2015 Regularly Scheduled Council Meeting. Councilmember Mohrig seconded the
motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting.
2. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180
Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014
Highway 9 Vision Area.
(Agenda Item No . 15-027)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney
This evening you have a matter for Public Hearing that is also included in New Business. This is a
continuation of a moratorium that has already been extended for 180 days based on the Highway 9
North Vision Plan that the Council approved June 2, 2014. A zoning moratorium was promptly put in
place with respect to new applications for rezoning within the boundaries of the plan because of the
concern that the Milton Zoning Code did not have the tools to realize the vision. This was implemented
July 7,2014. After publication oflegal notice, a moratorium was issued for 180 days and it is set to
expire. Under the Zoning Procedures law, another Public Hearing is required. When the Public Hearing
is closed and the consideration of a resolution appears in New Business, you may choose to extend the
moratorium for an additional 180 days.
ZONING AGENDA (None)
UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Article VI, Financial Management Program,
Division 7 -Debt Management Policy.
ORDINANCE NO. 15-01-233
(Agenda Item No . 15-006)
(First Presentation at January 5, 2015 Regular City Council Meeting)
(Ken Jarrard, City Attorney)
Regular Meeting of the Milton City Council
Wednesday, January 21 , 2015 at 6:00 pm
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Ken Jarrard, City Attorney
This is an amendment to the City of Milton Financial program within the context of the issuance ofthe
revenue bond the Council has approved. Through the process of issuing the revenue bond, it was
pointed out by the bond attorney, Roger Murray, the city's debt management policy needed to be revised
to include additional language related to tax-exempt debt. The IRS encourages all governmental entities
to adopt certain policies and procedures to ensure the entities do not take any action or fail to take any
action that would adversely affect the tax-exempt status oftheir debt. The revised policy that is
presented here captures the recommended verbiage from the IRS.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 15-006.
Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember
Hewitt was absent from the meeting.
NEW BUSINESS
1. Consideration of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for
Municipal Elections.
RESOLUTION NO. 15-01-323
(Agenda Item No . 15-028)
(Sudie Gordon, City Clerk)
Sudie Gordon, City Clerk
Tonight we are presenting to you, by way of a resolution, the first step in our 2015 Election Process.
This is procedurally required by Georgia Election Code Section 21-2-131, which is to fix qualifying fees
and legally publish these fees no later than February 1,2015. The qualifying fee is three percent of the
total gross salary of the office. Once this resolution is adopted, I will legally publish this notice .
Election Day this year is on November 3, 2015.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 15-028.
Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Council member
Hewitt was absent from the meeting .
2. Consideration of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 180
Days to Bar the Acceptance of Any Rezoning Applications for Property Located in the 2014
Highway 9 Vision Area.
RESOLUTION NO. 15-01-324
(Agenda Item No. 15-027)
(Public Hearing Held at January 21,2015 Regular City Council Meeting)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney
This is the resolution we just had the Public Hearing for and Councilmember Lusk made a motion to
approve.
Regular Meeting of the Milton City Council
Wednesda y, January 21,2015 at 6:00 pm
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Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 15-027. Councilmember
Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent
from the meeting.
3. Election of Mayor Pro Tern .
(Agenda Item No . 15 -029)
(Ken Jarrard, City Attorney)
Motion and Vote: Councilmember Lusk moved to nominate Councilmember Karen Thunnan as
Mayor Pro Tern for 2015. Council member Kunz seconded the motion. The motion passed unanimously
(6-0). Councilmember Hewitt was absent from the meeting.
MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Councilmember Lusk
Can we get a status on the Broadwell Pavilion?
Chris Lagerbloom, City Manager
The finishing touches have begun with the opening set for the second or third week of February.
Counci1member Lusk
How about the Thomas Bird, Sr. house?
Carter Lucas, Assistant City Manager
That is moving forward as well. We hope to be finished by the end of February. We are ahead of
contractual schedule.
Councilmember Thurman
I just want to say thank you to Staff for the weekly updates on the Binningham Providence intersection .
Those updates are answering a lot of questions.
Chris Lagerbloom, City Manager
The kick off meeting with Cooper Carry, the architectural firm who is handling the design of Cit y Hall,
occurred yesterday and was very successful. The calendar is being reviewed in order to meet all our
deadlines.
We are nearing the point oftransitioning over to our new Public Safety Radio system. We are going to
have to make some very hard and difficult decisions. We entered into an IGA with Fulton County for
the provision of those radio services to exist for the duration of this entire calendar year subject to a 60
day tennination clause. As of now, we believe we will be ready to use our new system on April 1, 2015.
There will be a meeting on January 23,2015 with the staff, attorneys and members of the board
confirming this and determining whether or not the four municipalities will issue a letter of tennination
on February 1, 2015 to Fulton County.
Regular Meeting of the Milton City Council
Wednesday, January 21,2015 at 6:00 pm
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However, the Council will not meet again until February 2, 2015, so there is the possibility that we will
need to issue a notice of termination to Fulton County effective April 1, 2015 for the radio system before
our next Council meeting. The guidance I need tonight is whether or not you will allow me to issue that
termination letter along with the other municipalities, if warranted. Then I will bring it for your
ratification on February 2, 2015. If you do not feel comfortable with this, I may have to call a special
meeting of the Council to obtain Council's authority sometime next week. The project is on track. The
equipment is in Atlanta and has been tested. Everything at this point is ready to go for April 1, 2015, but
I want to verify it all at the January 23, 2015 meeting.
Councilmember Thurman
I am fine with whatever the radio authority decides is the best course of action.
EXECUTIVE SESSION
Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss Personnel at
6:41 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0).
Councilmember Hewitt was absent from the meeting.
RECONVENE
Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 6:56 p.m.
Councilmember Thurman seconded the motion. The motion passed unanimously (6-0).
Councilmember Hewitt was absent from the meeting.
ADJOURNMENT
(Agenda Item No. 15-030)
Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 6:57 p.m.
Council member Thurman seconded the motion. The motion passed unanimously (6-0).
Council member Hewitt was absent from the meeting.
Date Approved: February 2, 2015
Sudie AM Gordon, City Clerk Joe LoCkWOOd~
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 January 21, 2015, 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. discussion or voting to authorize negotiations to purchase, dispose of, or lease
property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate;
entering into contract to purchase, to dispose of, or lease property subject to approval in a subsequent
public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a
subsequent public vote pursuant to O.C.O.A, 50-14-3(b)(1)(B-E);
2. 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.C.O.A. 50-14-3(b)(2);
3. attorney/client privilege in order to consult and meet with legal counsel pertaining to
pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions
brought or to be brought by or against the agency or any officer or employee or in which the agency or
any officer or employee may be directly involved, pursuant to O.C.O.A. 50-14-2(1).
4. other (explanation):
I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to
matters of official business or policy, wit.11 the exceptions provided by law as set forth above.
SWORN TO AND SUBSCRIBED b~~~~I;;;;I',
this 21 sl day of January, 2015. i'" ~....WJ;io;l;'••?:""
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