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HomeMy WebLinkAboutMinutes CC - 03/02/2015 - MINS 03 02 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 1 of 12 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 March 2, 2015 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Brent Deakins, at Reach One Church, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria, and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 15-049) Motion and Vote: Councilmember Mohrig moved to approve the Meeting Agenda with the following changes: Add an Executive Session to discuss land acquisition immediately before Agenda Item 15-059, Consideration of the Reaffirmation of Resolution No. 14-08-310 (A Resolution by the City of Milton Electing to Acquire Providence Park from Fulton County in Accord with O.C.G.A. §36- 31-11.1). • Add an Executive Session to discuss personnel. • Defer Agenda Item 15-060, Consideration of Providing Future Direction for the Milton Youth Tackle Football Program, to the Regularly Scheduled City Council Meeting on March 16, 2015, Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 2 of 12 CONSENT AGENDA 1. Approval of the Financial Statements for the Period Ending January, 2015. (Agenda Item No. 15-050) (Stacey Inglis, Assistant City Manager) 2. Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton's Household Paint and Chemicals Collections Event (HPCC) on March 7, 2015. (Agenda Item No. 15-051) (Michele McIntosh -Ross, Principal Planner) 3. Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for Right of Way and Topographic Survey for the Intersections of Webb Road at Deerfield Parkway and Webb Road at Morris Road. (Agenda Item No. 15-052) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Brumbelow- Reese and Associates, Inc. for a Topographic Survey Along Cogburn Road and at Fire Station #43. (Agenda Item No. 15-053) (Carter Lucas, Assistant City Manager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Ms. Fran Ritter, RN, Ms. Lynette Huddle, RN, Mr. Chad Payne and Ms. Kolleen Riddick. (Presented by Councilmember Bill Lusk) 2. Proclamation Recognizing Milton Student Painters, Inc. (Presented by Mayor Joe Lockwood) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages. (Agenda Item No. 15-054) (Discussed at December 8, 2014, February 9, 2015 City Council Work Sessions and during Staff Reports at February 18, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 2. Consideration of an Ordinance to Amend Chapter 34, Article II — Regulation of Public Parks — Section 34-22 — Prohibited Acts. (Agenda Item No. 15-055) (Stacey Inglis, Assistant City Manager) Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 3 of 12 3. Consideration of an Ordinance to Amend Appendix A — Fees and Other Charges. (Agenda Item No. 15-056) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Items. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION Consideration of the Issuance of an Alcohol Beverage License to Chad Thai, LLC dba Chad Thai, Located at 13087 Highway 9 N., Suite 901, Milton, Georgia 30004. (Agenda Item No. 15-057) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager This is a new establishment that will be located on Highway 9 where the Pretzel Place used to be next to Firehouse Subs. The applicant has met all the requirements of the city's ordinance and staff recommends approval. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 15-057. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of an Agreement for the Acquisition of Realty by the City of Milton from L. Gene Hyde, Comprised of 4.69 Acres Located at Fulton County Tax Parcel No. 22-5040-0535- 038-9; Including all Personalty, Structures, Improvements, Buildings, Fixtures and Appurtenances, at a Purchase Price of $175,000. (Agenda Item No. 15-058) (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 4 of 12 Ken Jarrard, City Attorney As you may recall, we had this parcel previously under contract, however, we dissolved that contract due to discovery of a title lapse during the due diligence period. There was an unrecorded lost deed to the property which would have impacted our ability to obtain title insurance. The seller has agreed to do the following: 1. Provide the buyer (the City of Milton) an affidavit of decent from Michael Bell and Cheryl Bell Wilson renouncing any interest they had in the property. 2. Secure a quit claim deed from the above mentioned individuals establishing and conferring any right of property to the city. 3. The sellers will also submit an affidavit demonstrating the facts, the undisclosed deed, where it can from, how it has been resolved, etc. These three documents have to be provided to us during the due diligence period, otherwise, we can dissolve the contract. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 15-058. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). The following Executive Session was added by Motion and Vote under Approval of Meeting Agenda. EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss land acquisition at 6:30 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 6:50 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 1 Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 5 of 12 2. Consideration of the Reaffirmation of Resolution No. 14-08-310 (A Resolution by the City of Milton Electing to Acquire Providence Park from Fulton County in Accord with O.C.G.A. §36- 31-11.1). (Agenda Item No. 15-059) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manger Mayor and Council, this is an item for your consideration where you adopted a resolution that made an offer to Fulton County to purchase and acquire Providence Park, a 42 acre park on Providence Road. If you recall, that offer was rejected by Fulton County. It is on the Fulton County agenda again this week, offering a resolution to authorize the sale of Providence Park to the City of Milton. A vote tonight allows a reoffer to be made tomorrow morning to Fulton County for the acquisition of Providence Park. I will be happy to answer any questions. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 15-059. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). The following Agenda Item No. 15-060 was deferred to the Regularly Scheduled City Council Meeting on March 16, 2015 by Motion and Vote under Approval of Meeting Agenda. 3. Consideration of Providing Future Direction for the Milton Youth Tackle Football Program. (Agenda Item No. 15-060) (Jim Cregge, Parks and Recreation Director) MAYOR AND COUNCIL REPORTS STAFF REPORTS 1. Discussion of Atlanta Regional Commission Transportation Improvement Program Project Solicitations. (Carter Lucas, Assistant City Manager) Carter Lucas, Assistant City Manager Good evening, Mayor and Council. Periodically Atlanta Regional Commission has a call for projects as funding permits. Currently they have a variety of different projects proposed. This is just a preview today. At the March 16"' Council meeting, we will be bringing forward resolutions for these projects that will be attached to our applications to go to ARC for review. As you look at these projects, let us know if these projects are the right priority or if they need to be excluded, allowing us to get the applications and resolutions settled for the March 16, 2015 Council Meeting Agenda. Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 6 of 12 Federal Funding — Discussion of Atlanta Regional Commission Transportation Improvement Program Project Solicitations Project Types • Existing Transportation Improvement Program (TIP) Projects • New Infrastructure Projects — Requires GDOT Approved Concept Study • Studies Projects must follow Federal Process Funding Information • Minimum $1,000,000 — Studies can be less Funding Programs — Surface Transportation Program (STP) — Urban — Transportation Alternatives Program (TAP) — Livable Centers Initiative (LCI) FY 16 (7/1/15)— FY 19 (6/30/19) Proposed Project Priorities 1. Additional funds for SR 372 Crabapple Rd/ Birmingham Hwy Intersection Improvements (FY 16) Local match needed 101112015 2. Study funding for Milton CTP Update (FY 16) 3. LCI funding for NE Crabapple Connector (FY 17) 4. TAP project for connection to Big Creek Greenway (FY 17) 5. STP Urban project for Bethany at Providence (FY 18) 6. Study funding for SR 140 (Ranchette & Green) (FY 18) 1 LJ Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 7 of 12 Next Steps • Feedback on project list • Resolution for support for each project at March 16`h Council meeting • Submit projects to ARC by April 3rd • Results expected summer 2015 Carter Lucas Are there any questions? Councilmember Thurman We are going to submit all of those projects? Carter Lucas We are going to submit them all. In that application, we have an opportunity to identify what our local priority would be. We will submit them as seen on this list 1- 6. Councilmember Lusk On SR372, will that require additional matching funds from the city as we go through the budgeting process in September? Carter Lucas It will. We will be required to come up with our 20 % local match for any shortfalls in that particular project. Councilmember Lusk Do we know approximately where we stand with funding? Carter Lucas I will know by March 16, 2015. CTP Priority/Key Projects ■ SRI 40 at New Providence Complete ■ SRI 40 at Cox Complete ■ SR372 at Providence Construction Underway ■ Crabapple Intersection ROW Underway ■ Crabapple NW Connector ROW Underway ■ Cogbum at Bethany Complete ■ Birmingham at Hopewell Beginning Construction ■ SR9 at Bethany Concept Underway ■ Hopewell/Cogburn at Francis Complete ■ Hopewell at Bethany Concept Complete ■ Freemanville at Providence Concept Complete ■ Freemanville at Birmingham Concept Complete ■ Bethany at Providence ■ SR 140 at Ranchette ■ Crabapple NE Connector Next Steps • Feedback on project list • Resolution for support for each project at March 16`h Council meeting • Submit projects to ARC by April 3rd • Results expected summer 2015 Carter Lucas Are there any questions? Councilmember Thurman We are going to submit all of those projects? Carter Lucas We are going to submit them all. In that application, we have an opportunity to identify what our local priority would be. We will submit them as seen on this list 1- 6. Councilmember Lusk On SR372, will that require additional matching funds from the city as we go through the budgeting process in September? Carter Lucas It will. We will be required to come up with our 20 % local match for any shortfalls in that particular project. Councilmember Lusk Do we know approximately where we stand with funding? Carter Lucas I will know by March 16, 2015. Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 8 of 12 Councilmember Lusk Is SRI 40 project off the table? Carter Lucas Widening is. It was a federally funded project, requiring a logical terminus of the project to be determined. The logical terminus of the project could not be determined so they never came to an agreement with the Federal Highway. The Federal Highway wanted the project to go all the way down to the Holcomb Bridge and Mansell area. Both GDOT and the locals felt the widening would go to SR372 at which point Alpharetta and Roswell would both have operational improvements along SR140 and Rucker Road, but that was not something Federal Highway felt was a true logical terminus. They have had this debate for a number of years and have finally concluded that it is just not an agreement they are going to win. Therefore, they are going to go back and look at what can be improved along that corridor to help operations from Cherokee County down to Rucker Road, Houze Road, Holcomb Bridge, etc. Councilmember Lusk If that is going to be on the shelf indefinitely, how are we going to handle development going up SR 140 as far as setbacks are concerned? Are we going to plan on future widening? Carter Lucas We will have to coordinate with GDOT as they move forward. I am not sure if they have made a final determination of their plan for that corridor. We may try the same approach as we did with Highway 9 with the right of way reservations as development comes, coordinating with GDOT along the way. Councilmember Lusk To what extent is that legal because that constitutes a taking? Carter Lucas When we look at the reservation, we are just looking for no buildings or structures to be built within that area. It does not affect setbacks or things of that nature. Councilmember Kunz Are you going to be able to tell our residents that sidewalks are going to be included in this funding for Crabapple areas? Carter Lucas Not under this particular call. The only sidewalk and trail component in this is the Big Creek Greenway. Councilmember Kunz There is nothing in the Crabapple area? Carter Lucas No. The problem is the development of the concept plan is required as part of submittal. Mayor Lockwood Thank you, Carter. 1 Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 9 of 12 2. Discussion of Crabapple Downtown project. (Kathleen Field, Director ojCommunity Development) Kathleen Field, Director of Community Development I think you all have a copy of the Crabapple Downtown project. This is essentially the planning study that examines the feasibility of locating a parking deck in the Crabapple area. As planners, we have been watching the development happen and thought we should determine the feasibility of a parking deck due to the amount and type of development that we are proposing to put into Crabapple. We asked Tim Haahs, who is with an architectural firm that specializes in parking decks, to do an analysis. The analysis covered: • Potential sites • Cost of a deck • The number of spaces allowed based on height limitations • Financing strategies for such a deck • Share parking concept plan You have before you the report and I am happy to say we have had some interests from the landowners to pursue the concepts that are in this report. Chris Lagerbloom, City Manager Council, you will be able to take this plan with you and digest it further. It defines three different options, Options A, B or C. Option B, if you read the pros and cons, is certainly low on the list and is the least desirable. Option B is part of this report, however, I do not want to be misleading that it is as strong an option as the other two. I say that because we have obtained some strong feedback from the neighbors in opposition of Option B. It is not something they would want to have so close to their residence. Option B was included in the report because it is land that is already owned and would not require any further purchase of land. However, we have a stronger leaning towards Option A or Option C and as Kathleen said, the landowners are interested in working with us with regards to these options. Kathleen Field Shared Parking concept is what we considered throughout this plan. Shared Parking is a basic parking management tool designed to allow multiple property owners to share parking resources, thereby reducing the number of parking spaces that each would otherwise be required to provide for their individual property. For example, restaurants need the parking more in the evening while retail stores need the parking more during the day. This allows them to share the same parking spaces since they are needed at different times of the day. We evaluated all the existing and potential development within a five minute walking distance to the preferred site (Option A and Option Q. We looked at how many parking spaces would be required to build out the development of the Crabapple area and we came up with approximately 1,000 spaces. But by using the concept of Shared Parking and creating a parking management district in this very same area, we could reduce the amount of spaces required by 40%. We felt this was a good tool we could present to the perspective landowners reducing the owner's parking requirements in a more organized fashion. This is something we strongly recommend as we move through the process of looking at the potential of using a deck as the center piece of a shared parking district. Chris Lagerbloom The reason we brought this forward was because several of the landowners we have been working with in this area have requested a copy of this report and we wanted to present it to Council first to look over Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 10 of 12 before handing it out to the public. Council has approved a contract for us to move forward with this and tonight is bringing it to its deliverable state. I understand if you want to peruse this further and bring it back to our Work Session next week with questions, comments, etc. Councilmember Thurman I noticed there was a Payment in Lieu of Parking (PILOP). Do they pay that one-time fee up front when they build the project instead of putting in as much parking they think they may need? Kathleen Field That is correct. This report lists different financing mechanisms. Rather than putting the parking on their site, they would essentially buy the parking spaces out of the deck. Councilmember Thurman So, we would have some reimbursement? Kathleen Field Correct. That would be part of the negotiating. Councilmember Thurman I am sure there are studies that will tell you how many parking spaces will work. Kathleen Field If they can build on their site without having to put the parking there, and could put even less parking because of the 40% reduction using the shared parking district, then the numbers start to work. Councilmember Kunz I was at the Gainesville downtown district recently, they have a great parking deck there and the downtown area was full with people enjoying restaurants and stores. I think for our future we need to make this happen. Councilmember Lusk City of Lawrenceville built a parking deck a block off the Court House square and it complements the Aurora Theater, which is next door. We might consider complimenting the veneers and facades of the Crabapple area going forward with this project. Kathleen Field Yes, that is a very good example. Thank you. Councilmember Mohrig Is the concept for the city to acquire the property and build the parking structure? Kathleen Field That is up for negotiation on how all that works. Councilmember Mohrig This is just taking a look and saying this is a concept that would work for reducing certain surface parking for that downtown district area? 1 Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 11 of 12 Kathleen Field Yes. It zeros in on what it would cost, financing mechanisms that could be used and some sites. Chris Lagerbloom This is working on the front end with parking options. Councilmember Mohrig Option A and C keep it away from residential and more in the business district. Kathleen Field And it gets to be closer to the northeast quadrant across the street as well. Chris Lagerbloom With this site, there is a lot within walking distance. We just wanted to make this presentation and get a copy of the report in your hand for your consideration. Other business: • The Conservation Subdivision Ordinance is coming soon for your consideration. We are receiving a working final draft today from our consultant. • I will be meeting with Travis Allen to discuss the Commission on Wednesday, March 4, 2015 at 4:00. Depending on what comes out of that meeting, we will determine if we can have a successful work session topic. • We are in the initial process of moving from the interior planning of our new, City Hall, to the exterior planning. Councilmember Lusk has indicated his desire to be part of the architectural planning of the exterior of City Hall. I wanted to bring this up before the Council so we can establish the rules of the game. Having a councilmember in the group usually generates everyone to defer to the councilmember to answer all the questions. I do not want to put Bill in this position and I also want our staff members to use their expertise and knowledge as this process goes forward. There will be many meetings in the next few weeks related to the exterior architecture of the new, City Hall building and I am looking to you, Mr. Mayor, to support that, as well as give me some direction on how you would like to see the interaction occur. Mayor Lockwood I agree. We do not want to put anyone in an uncomfortable situation. I can see Councilmember Lusk being a liaison to the Council if a difference in opinion arises with Staff and Councilmember Lusk. Councilmember Mohrig Is this going to be a work in project where we can see the design and give some input? Chris Lagerbloom These are very preliminary and conceptual meetings but they will result in a deliverable that will be in front of you as soon as two weeks. We are going to keep the Council engaged throughout the process. Mayor Lockwood Let me suggest under Staff Reports, as they reach certain stages, we can have a time allocated where Carter Lucas can update us along with Councilmember Lusk. Regular Meeting of the Milton City Council Monday, March 2, 2015 at 6:00 pm Page 12 of 12 Councilmember Lusk Is the contractor going to be involved with these meetings from a cost and constructability standpoint? Carter Lucas, Assistant City Manager They will be as soon as we get them on board. We will be doing interviews with the CM firms next week. It will probably take us a week or two after that to evaluate those interviews and documentation that is submitted. Hopefully, by the first or second week of April we will be bringing a contract forward from one of the CMs. Councilmember Hewitt I think it will be good to have somebody with Councilmember Lusk's experience and knowledge to help guide us as a Council. I support him sitting in on those meetings. Chris Lagerbloom That is the official direction I was looking for and we will move forward. EXECUTIVE SESSION Motion and Vote: Councilmember Thurman moved to go into Executive Session to discuss personnel at 7:25 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene the Regular Meeting at 8:40 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). ADJOURNMENT (Agenda Item No. 15-061) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 8:41 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). Date Approved: April 13, 2015 Sudie AM Gordo4, City Clerk Joe Lockwoo , Mayor 1 1 1 STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At a Regularly Scheduled City Council Meeting held on March 2, 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. 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.C.G.A. 50-14-3(b)(2); 3. attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(l). 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. %01111111111 SWORN TO AND SUBSCRIBED 1Z4dbrNtn6O/Q this 2nd day of March, 2015. yP'.••'�ssio,�,••�O,i% r cc Z Notary Public '�, •'•••• :�• ��.` My Commission Expires: "iiC0UN` MAYOR J CKWOOD