HomeMy WebLinkAboutMinutes CC - 03/16/2015 - MINS 03 16 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6:00pm
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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 March 16, 2015
at 6:00PM, Mayor Joe Lockwood presiding.
INVOCATION
Rem co 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 Karen Thurman, Councilmember Matt Kunz,
Councilmember Bill Lusk, Councilmember Burt Hewitt, and Councilmember Rick Mohrig.
Councilmember Absent: Councilmember Joe Longoria.
PLEDGE OF ALLEGIANCE (L ed by Mayor Jo e Lockwood)
APPROVAL OF MEETING AGENDA
(Agenda Item No. 15-062)
Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following
changes:
• Add an Executive Session to discuss land acquisition.
• Remove Agenda Item No. 15-077 under New Business, Consideration of a Resolution
Supporting an Application to the Atlanta Regional Commission for Funding of a Northeast
Crabapple Connector Project.
• Add the following Agenda Item as Item # 10 under New Business: Consideration of a Resolution
of the City of Milton Enacting an Emergency Moratorium for 30 Days to Bar the Acceptance of
Applications for Land Disturbance Permits on Property in the AG-1, R-1 , R-2, R-2A , R-3 , R-3A ,
R4-A , T-2 Zoning Districts.
Regular Meetin g of the Milton City Council
Monday, March 16 ,2015 at 6:00pm
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Councilmember Mohrig seconded the motion . The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting.
PUBLIC COMMENT
CONSENT AGENDA
1. Approval ofthe February 9 , 2015 City Council Work Session Minutes .
(Agenda Item No. 15-063)
(Sudie Gordon, City Clerk)
2. Approval of the February 18 , 2015 City Council Regular Minutes.
(Agenda Item No. 15-064)
(S udie Gordon, City Cl erk)
3. Approval of a Contract Renewal between the City of Milton and AT&T for Telephone
Services at City Hall.
(Agenda Item No. 15-065)
(David Frizzell, IT Mana ger)
4 . Approval of the Acquisition of 121.63 SF of Right of Way , 449 .00 SF of Construction and
Maintenance Easement, and 2,251.65 SF of Construction Easement at 2425 Birmingham Road
from Bruce and Susan Smitherman for a Combined Purchase Price of $11 ,792.
(Agenda Item No. 15-066)
(C arter Lu cas, Assistant C ity Man ager)
5. Approval of the Acquisition of 109 .19 SF ofRight of Way and 332 .70 SF of Construction and
Maintenance Easement at 15694 Hopewell Road from Brian and Julie Phillips for a
Combined Purchase Price of$3 ,611.
(Agenda Item No. 15-067)
(C arter Lucas, Assistant City Man ager)
6. Approval ofthe Acquisition of0.015 AC of Right of Way and 0.249 AC of Construction and
Maintenance Easement at 12624 Broadwell Road for a Combined Purchase Price of$94,075 .
(Agenda Item No. 15-068)
(Ca rter Lu cas , Assis tant City Manager)
7. Approval ofthe Acquisition of0.011 AC of Right of Way and 0.020 AC of Construction and
Maintenance Easement at 12580 Crabapple Chase Drive from Crabapple Chase Homeowners
Association, Inc. for a Combined Purchase Price of $35 ,575.
(Agenda Item No. 15-069)
(C arter Lu cas , Assis tant City Manager)
8. Approval of the Acquisition of 49.40 SF of Right of Way and 337.88 SF of Construction and
Maintenance Easement at 15708 Hopewell Road from Kevin and Katherine Scott for a
Combined Purchase Price of$3 ,665.
(Agenda Item No. 15-070)
(C arter Lu cas, Ass istant C ity Manager)
Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6 :00 pm
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9. Approval ofthe Acquisition of80.57 SF ofRight ofWay and 269.36 SF of Construction and
Maintenance Easement at 15698 Hopewell Road from Hendrix Holmes for a Combined Purchase
Price of $4 ,500.
(Agenda Item No. 15-071)
(C arter Lucas, Assistant C ity Manager)
10. Approval of a Professional Services Agreement between the City of Milton and Moreland-
Altobelli Associates, Inc. for Final Design for Two Birmingham Road Bridges -Chicken Creek
Tributaries 7 and 9.
(Agenda Item No. 15-072)
(Carter Lucas, Assistant City Man ager)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember
Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Joe Longoria was
absent from the meeting.
REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Olde Blind Dog.
(Mayor Jo e Lockwo od)
FIRST PRESENTATION (No ne)
PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Consideration of the Issuance of an Alcohol Beverage License to Spice Afro Caribbean
Cuisine, LLC Located at 13695 Highway 9 N . Suites 103 & 104 , Milton, GA 30004.
(Agenda Item No. 15-073)
(Stacey In g lis, Assistant City Manager)
Stacey Inglis, Assistant City Manager
This restaurant is located by the C3 Church, Dominos Pizza, and Montanas. They want to add wine and
malt beverages. They have followed all of the requirements of the city and staff recommends approval.
Motion and Vote: Councilmember Hewitt mo ved to approve Agenda Item No. 15-073.
Councilmember Mohrig seconded the motion . The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting.
ZONING AGENDA (None)
Regular Meeting of the Milton Ci ty Council
Monday, March 16 , 2015 at 6:00pm
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UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Chapter 4 , Alcoholic Beverages .
(Agenda Item No. 15-054)
ORDINANCE NO. 15-03-236
(Discuss ed at December 8, 2 014 and February 9, 2015 C ity Co un cil Work S ess ions)
(Fir st Presentation at Mar ch 2, 2 015 Regular City Co un cil Mee ting)
(Stacey In g lis, Ass istant C ity Manager)
Stacey Inglis, Assistant City Manager
I can go through and highlight some of the changes that we made, but we have discussed everything so
far. There is one change that I need to let you know about since the packet was distributed. Under the
Special Event Permit section , I want to include the word "pouring" between "Special Event" and
"Permit" so , it should read , "Special Event Pouring Permit.·, That also applies to the Appendix A Fees
and Schedules. So , when we get to that item on the agenda, we can discuss it then. We have a big
audience here tonight so I will spare you having to listen to this again unless you want me to review a
few things.
Councilmember Lusk
Stacey , do you have your notes from our discussion previously during our work session?
Stacey Inglis
I did not bring them with me but I know that some of the things we discussed were some of the
definitions , we cleared some of those up , we also included ... sorry I did not bring those notes with me.
Councilmember Mohrig
Stacey , with the changes , does it allow under this ordinance , the ability to serve alcohol on a patio area?
Stacey Inglis
Yes , that is what it was. We did find for the sale of consumption on premises, in Section 4-238 , on page
26 , it will allow sales outside of the establishment in unenclosed spaces so it doesn 't have to be
enclosed. And , open areas , sidewalks , decks , patios , or similar spaces on or about the premises of an
establishment licensed to sell alcoholic beverages. So , it allows any establishment that has a
consumption on premises permit to be able to serve on their sidewalks . This is what you requested .
This is formatted similar to what Alpharetta has in their ordinance.
Councilmember Thurman
At the Crabapple Community Association meeting last Thursday , when Matt, Burt, and I were there , I
mentioned this ordinance and distributed the map you provided and they were all very excited to have
the Crabapple District allowed to carry beverages from one place to another. They were very much in
support of it.
Councilmember Kunz
I would agree with Karen. Our businesses in that area want to compete with Roswell and Alpharetta. I
know this has been a long process and I think you have done a great job. I like how the ordinance is
written now. If, in the future , we need to make changes , we can address those at a later date but I like
what the ordinance states now.
Regular Meeting of the Milton City Council
Monday, March 16,2015 at 6:00pm
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Councilmember Lusk
For the open area patio sales and regulation, we talked about a barrier of some sort. Could you point
that out to me?
Stacey Inglis
Section 4-238 used to have a barrier in there and now we have removed the barrier. That is what
"unenclosed spaces" refer to, so we have removed the requirement for a barrier.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 15-054 with
modifications. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0).
Councilmember Joe Longoria was absent from the meeting.
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)
ORDINANCE NO. 15-03-237
(First Presentation at March 2, 2015 Regular City Council Meeting)
(Stacey Inglis, Assistant City Manager)
Stacey Inglis, Assistant City Manager
This will allow alcohol in our public parks for special events. It simply adds that provision in the Parks
and Recreation ordinances.
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 15-055.
Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting.
3. Consideration of an Ordinance to Amend Appendix A-Fees and Other Charges.
(Agenda Item No. 15-056)
ORDINANCE NO. 15-03-238
(First Presentation at March 2, 2015 Regular City Council Meeting)
(Stacey Inglis, Assistant City Manager)
Stacey Inglis, Assistant City Manager
We are only replacing the section in Appendix A -Chapter 4 that deals with the Alcoholic Beverage
ordinance. Since it was first published for this agenda, I have had to change a few things. One item was
to add the word "pouring" under Special Event Pouring Permit. I also noticed an error where it
referenced Section 4-49 for Brew Pub and Private Clubs, Special Event Facilities and Farm Winery
Consumption on Premises. It should have read, Section 4-4 7. I have corrected that error. I also had to
add a few more fees that I missed the first time around such as Pouring Permits and the Pouring Permit
Replacement Fee as well as Penalties for Failure to File a Return and Failure to Pay Taxes, etc. It is
included in the Appendix A that we currently have and it was just an oversight that I caught this
afternoon. Hopefully, everything should be included now.
Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6 :00pm
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Councilmember Lusk
Regarding the Penalty for Sale to Underage Persons ; the three levels of offense are listed. How does
that compare with other jurisdictions in the area? Is there an ultimate penalty when a license is revoked
after a certain number of infractions?
Stacey Inglis
I copied this directly from Forsyth County. It was all over the board from what I saw from other
jurisdictions. I believe it is up to the jurisdiction itself to set those limitations.
City Attorney Jarrard
The city is setting the fines in this ordinance; however, with respect to the administrative sanction with
regard to the license , it will come back to the city council for determination on whether or not to revoke
a license. This is the expressed penalty of the fine but the city council has the discretion to revoke a
license.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 15-056 with
modifications. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0).
Councilmember Joe Longoria was absent from the meeting.
NEW BUSINESS
1. Consideration of Amendments to the Personnel Policy Handbook to Modify the City of Milton
Policies Regarding Social Media Policy.
(Agenda Item No. 15-046)
(Deferr ed at February 18, 2015 Regular Co un cil Meeting)
(Sam Tra ger, Hum an Resources Director)
Ken Jarrard, City Attorney
We had an excellent discussion regarding our Social Media Policy at our last work session. The City of
Milton has taken the lead in trying to provide clear guidance for its employees and appointed board
members. During our last work session , we had a lengthy discussion regarding the requirements with
respect to the first amendment rights as it pertains to government regulations and how individuals can
speak. We made modifications to the policy based on your comments.
I think the changes are fairly narrow but I will go through them. The biggest take away from the work
session was that the council wanted guidance and clarity that these policies with respect to the use of
Milton generated social media, seem to be good. You are comfortable with those. I think where we got
into some questions was on personal social media. Most individuals on social media put a little bit of
information about themselves to include who they work for or perhaps who they serve. So , we tried to
make sure it was clear that this policy , with respect to the council in particular, would not have
application in limiting your ability to speak on matters of interest to the city . That is , after all, what you
do. You are city elected officials which it is assumed that you are going to speak on issues that impact
the city. Whereas , we tried to provide clarity with respect to non-elected officials who are speaking on
matters involving the city that they make it very clear, that they are not speaking on behalf of the city.
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You will see that on page four at the top where we put some of the guidelines with respect to the use of
personal social media does , in fact , apply to elected officials. Such as , in Section 3 where it goes
through and lists some of the very serious and frowned upon speech that is not even protected by first
amendment rights. Those will apply to you , the city council. However, when you get into the ability to
simply comment on city issues , you wanted the right to do that and not have to place a four paragraph
disclaimer in the post. We have added that to the policy as well. So , you , the city council , will be able
to speak on matters of city interest without having to put any sort of disclaimer. I think that was the
biggest concern you had.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 15-046. Councilmember
Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Joe Longoria
was absent from the meeting.
2. Consideration of Providing Future Direction for the Milton Youth Tackle Football
Program.
(Agenda Item No. 15-060)
(Deferred at March 2 , 2 015 Regular C ity Co un cil Meetin g)
(Jim Cr egge, Parks and Recreat io n Direct or)
PUBLIC COMMENT
Matt Dawson, 1530 Hamiota Ridge, Milton, Georgia 30004
Thank you again for giving me the opportunity to talk regarding our program, New Found Life Youth
Football League. I wanted to summarize what we talked about and make sure we are all on the same
page with respect to some of the issues and concerns that have been brought forth. First of all , I want to
make sure you hear the mission of our program which is:
"Develop a total person; spirit, mind, and body , through character development programs that build
strong kids , strong families , and strong communities ."
Everything that we do is not just about football. It is about growing good people , good teammates , and
obviously, good football players through our community. Our program is ready to grow. We started out
small and , as we have gone through this process , we have been forced to look at ourselves and ask what
we need to do to support the growth that is coming. We expect to at least double the number of tackle
participants that we have in our program which is a continuing trend that has been going on for the past
two years through the growth strategy that we have employed. We reorganized our board. We have a
strong board now with multiple volunteers in the area. We are ready to support the growth that is
coming. The biggest thing that we are asking for is space. As you know, at this point , we have 30 yards
of grass in front of Milton High School to support all of our programs. That includes both tackle and
flag football. As we all know, one football program already has an agreement with the City of
Alpharetta and access to the two fields at North Park but also additional space within North Park, Wills
Park and other parks within the Alpharetta system. We do not have that type of agreement. We are
taking a different approach. Not that one program is better than the other; just different. The
opportunities that we are providing for the kids in the Milton and Alpharetta area are different than what
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is currently being offered. We think that competition is a good thing . The reason everyone is here
tonight is because there is competition going on. A lot of the changes in the programs that you are going
to hear about tonight are directly related to people knowing that there is a competitor in the area. If you
think about all the programs that Milton provides , Hopewell Baseball is a great example. In 1995 ,
Hopewell Baseball had 125 participants. Alpharetta had at Wills Park about 800-1000. At another park ,
there were 400-500 kids. If we were talking about the same type of thing way back when , just based on
numbers , Hopewell would be a part of whatever was going on in Alpharetta. But, that didn 't happen.
There was another option for the people of the City of Milton to bring their kids and do it a little
different. It is still baseball but it is different than what goes on in Alpharetta. That is what we are
talking about. All we are asking for is an opportunity to help us grow our program and continue to
support the City of Milton and grow through our involvement with the schools within the area. Thank
you.
Scott Stakowski, 3154 Chipping Wood Court, Milton, Georgia 30004
I just wanted to let you know as Vice Chair of the Football Committee and representative of the City of
Milton Parks and Recreation Board tonight , we are here to answer any questions to help you in your
deliberation. Thank you.
Tim Lester, 1160 Bream Drive, Milton, Georgia 30004
I wanted to address some of the questions that the council has asked me over the past several weeks . I
spoke to Joe on the phone and he asked me what would happen if the city did not do anything with
football . It wouldn 't hurt Alpharetta; it wouldn 't hurt the North Atlanta Giants or NAF A because they
have two turf fields at North Park and grass practice fields at Wills Park. But, it would hurt us because
we only have 30 yards to practice on. We need a place to grow the Milton grassroots football program.
We are Milton. We are not Alpharetta, Roswell , Forsyth, NAFA , North Atlanta Giants Division 1
program that practices at North Park . Bill , you asked me a question , "Is it just you?" No , it is not just
me. I am the leader but I have a great support group. You can look at the people in this room and you
can see I have a lot of support. You also asked me , "What is your business plan?'' My business plan has
always been in my mind. As a leader, I will always keep God first. I am going to focus on empowering
the city 's youth through NFL Play 60 by speaking in schools during Red Ribbon Week , Career Day ,
Field Day, and year round training on Sundays through NFL Play 60. I will inspire them to avoid
alcohol , drugs , and to stand up to bullying. I will inspire the kids by sharing my personal journey in life .
Burt, you asked me one question and it was kind of tough. You said , "How do you compete against 40
years of experience ?" I can 't. I can 't compete against 40 years but I know that if I put the right people
around me , I can level the playing field if given the opportunity . Matt, you are all about developing the
kids from Milton. That was my plan from the beginning ; to focus on our kids and our schools to
develop the kids to the best of their potential. Another request was the branding of the City of Milton
through football. We don 't have a football program. Alpharetta and Roswell have programs but Milton
doesn 't. A year ago , I started branding the name , the Milton Steelers , by competing as the Milton
Steelers . Our Milton Steelers were one game away from the championship game. They were all first
year players , with the exception of four players. Our Milton Steelers competed in the Turkey Bowl in
November against the Alpharetta Third Grade All-Stars. The Milton Steelers won the game by four
touchdowns. The head coach of the A YF A All-Stars was upset over the outcome of the game. So , he
was ejected from the game. As he was leaving the field , he screamed , "You and your travel team need
to go back home ." I said to him , "Yes , me and my travel team traveled all the way from Milton. We
recruit in the City of Milton . We are Milton. Thank you.
Re g ular Meeting of the Milton Ci ty Council
Monday, March 16 ,2015 at 6 :00pm
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Jerome Bettis, 1651 Randall Mill Place, Milton, Georgia 30004
I am a Hall of Fame running back for the Pittsburgh Steelers. I am here today to speak to Tim Lester 's
credibility and character. I have known Tim for over 20 years and I understand his commitment and
what it is to Milton. On numerous occasions , he has asked me to come to his camps during the summer
with kids from Milton at Milton High School and work the camp with him to try to help the kids from
his community. Tim has been diligent about everything he has done. He has asked me to help him with
branding , fund raising , and much more. He is using all of his resources to make sure that his program
will be successful. When you speak to a successful program, which Tim is competing with A YF A and
40 years of experience, it took someone 40 years ago to give that program a chance. And , here is a
chance that Milton has to create a similar situation for the kids of Milton to provide them with the
necessary fields. The kids in Milton do not need a "handout" they just need a "handup." They need an
opportunity to establish themselves. Forty years from now, you will be proud of what you have created.
Thank you.
Erin Hanson, 340 Hurst Bourne Lane, Johns Creek, Georgia 30097
I am the owner and inventor of a product called Guardian Caps. We are a science and technology
company , the Hansen Group , and have been in business for about 20 years doing material engineering
and science. We do development and technology work for everything from the Atlas 5 Booster Rockets
to golf balls , to mine liners , etc. About four years ago , we have five children of our own, a company
came to us and asked us to solve the football problem that they saw brewing. It was something that we
started as a passion business. And , it is nothing more than a soft shell that covers a football helmet and
retrofits any helmet and takes about a third of the impact off of these kid 's heads. Especially , at the
youth level , when they are disproportionatel y head heavy, it is really important. They are hitting thighs ,
elbows , hands , the ground , and head to head. It is a safety product that we are reall y proud of. We have
about 35 ,000 of them out there now. The y are being used by Clemson University , Oklahoma, Georgia
State , Cincinnati , Syracuse , and a lot of other schools. Big guys are seeing the difference that it makes.
Guys like Tim Lester and Jerome Bettis who played the game at such a high level know the
repercussions that come when you don't have the correct equipment in place. I commend them because ,
we have done a great job of marketing to the big guys and we have done a pretty good job of marketing
to high schools but the one area we can 't reach and we started out to reach them is the youth. The y are
fractured all over the United States . There is no one way to reach all of them. Tim and Jerome sought
us out which is very remarkable . They could have put their time and energy into better looking decals
and really cool jerseys that cost $70.00 but they wanted to make sure that safety was the premier part of
their program and that they are responsible for the lives of the kids that the parents put in their hands.
Tim very passionately talked about the difference the helmet made for his son and how he wanted to
make sure that all of the children in his care had access to what he felt was the best equipment. That
really hit home with me because we talk to a lot of guys out there that just say , "You are going to get hit
hard . That is just part of the game." And , I'm telling you as a mama, you tell your little boys when they
are growing up , "Don 't hit your head , don 't hit your head." And , then suddenly they get to a certain age
and you strap a helmet on them and tell them to go hit their head. So , Tim understands what that means
and how important technique , equipment, etc. is and so he is involved in all of those things to make sure
that the kids in his care are being protected. I just wanted to commend him for that.
Brent Deakins, 12965 New Providence Road, Milton, Georgia 30004
I am the pastor for Reach One Church and I am Tim 's pastor. I wanted to let you know about Tim and
his family 's character and their commitment to the City of Milton and the families here . I have been to
practice numerous times and even helped with some kicking with the players. I see coaches that really
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care for kids. I see a commitment level , not just about football , but to the community. One thing I am
passionate about as a citizen of Milton is that we are a small city which I think is great. We are a new
start up city which I really love. I am part of a coalition of pastors that are trying to put together things
for this city. For instance , we are putting together the first ever Milton Easter Egg Hunt. We are putting
together the first ever Milton National Day of Prayer. Every other city has their own programs and
services and I want to see that happen with the City of Milton. We are almost ten years old and we are
moving from infant stage to junior high and it is time to stand on our own two feet. I want to see a
program like Tim Lester 's program that will actually support the city for our kids , our community , our
families and our parks. I am here on behalf of Tim 's program to let you know that I have seen it in
action. I want to see providers that are from the city and will provide for the kids and the families in the
city. As a community member, a pastor, and as a friend , I support this program and I would like for you
to highly consider making Tim's program your provider for the future of the city. We are moving to the
next level of being a city where we can provide our own services. Thank you.
Terri Wyle, 4871 Hunters Oaks Lane, Alpharetta, GA 30009
I want to introduce my son , Sean, who has agreed to stand here with me today. AYFA , and now, NAFL ,
has become quite a family to all of us. I have three children. The first two graduated from Milton High
School and we are hoping that Sean will get to go there too. A little over two years ago , I was in bed
with MS and really could not walk at all. One day, the doorbell kept ringing and there was knocking at
the back door. I knew it had to be Sean who was nine years old at the time. The doorbell started ringing
again. Many of you knew , Kevin , my husband. Not only did he have that big bright smile and dancing
Irish eyes, but he was Mr. Punctuality for everything except for Sunday Mass. I knew in my heart that
something was wrong. I slid on my bottom down the steps to the door and there was Sean. We went
into the living room and wondered where Dad was. Sean said he would get me a drink and something to
eat. All of a sudden he screamed , "Dad , wake up!" Kevin was on the floor of the kitchen in front of the
dishwasher. I was later told that there had been two aspirin and a glass of water on the counter. If onl y
he had made it to the aspirin and the water. That was the start of the Wyle 's need for help , friends , and
family. Everyone came to help us. Of course , everyone 's biggest concern was Sean. Thank God for his
wonderful teacher , Mrs. McCarthy , and for sports. At the time , we were on Cory Mazzer's Gold Eagles.
All the parents organized and got Sean to practice and me to games. Dr. Mazzer has even been taking
care of our team ever since this all happened. Funds came to us to help us on our journey from every
team ; even the Roswell teams. The biggest thing that happened initially was the funeral. All of the boys
came in their jerseys and sat with their coaches. They had all lost someone important and that was
Kevin. I have been very blessed with people going out of their way for us. Some of the biggest are
Rusty Reed and Jimmy French. They coached Sean and looked after him in the following two years and
still do. They got us to and from games and we have never wanted for a ride anywhere. Sweet Rebecca
always came to pick me up and get me to the games which made me feel really good because I wanted
to watch Sean play . We all felt very loved . They even gave us a scholarship to AYFA so that Sean
could play ball. But, they did something more , more important; they taught all of these boys how to be
good men. And , that is really what we are all after , is for all of our boys be good men. Every year the y
had a special day for Kevin and then added the Lail family. They taught the boys not to be selfish but
that life was bigger than just them. And , they prayed , never for a win but for safety and a fair game.
Did we want to win? Of course we did , but not at all costs. We wanted to win the right way. The
coaches would always say to the boys that their job was to love each of them. And , your job is to love
each other. And , the y were a really good team that way. And , the coaches continued to teach the boys
valuable lessons. I needed a lot of physical therapy to be able to walk and stand again. And , Rusty
Reed got a local place to give me a full scholarship , and Sean too , so that we could both use their
facilities and their coaches. I can walk now. Coach Murphy and Coach McCain have especially helped
Regular Meeting of the Milton City Council
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us. All of this brings me to the reason we are here tonight. Many here in Milton have been a part of this
wonderful league. What we need is to stay together and have more fields to work on. We can do that
with your help. More boys need this caring and we can only do this right if we do it together because
Milton and Alpharetta go together. Thank you.
Brandon Jacobs, 153 Eagles Ridge, Milton, Georgia 30004
We have been here a long time discussing the field space , etc. I had the opportunity from Rusty Reed
and Bill Weaver to come to NAFL and create something that is really unique for this area. I volunteer
with these kids to teach them discipline , respect , wisdom , and integrity. That is why I coach youth
football. I retired from football in 2013. I haven't missed it one bit. These kids feel that void for me. I
highly ask you to consider us to use your fields because our program is growing as well. Thank you.
Chris Mixon, 1815 Oak Tree Hollow, Alpharetta, Georgia 30004
I have had the pleasure of serving as an A YF A coach as well as a board member for the North Metro
Miracle League . There are a lot of people here because football is the greatest game that God every
allowed to be created. Many people in this room believe that there are things that kids can learn from
playing and practicing this game that teach them things well beyond themselves. NAFL is a program
that demonstrates a quality not with its kids enrolled in the program but with those outside of it. The
past couple of years , NAFL has , through its Miracle League All-Star Bowl , has donated tens of
thousands of dollars to the North Metro Miracle League helping non-able bodied children experience
what these kids get to experience , such as , the thrill of scoring a run , the joy of being on a team , and the
pleasure of being normal. The question before you is as much what is to be gained by NAFL having
access to these fields. What is to be gained is an opportunity to grow our league and specifically as it
relates to the North Metro Miracle League and the ability for it to grow. We want to be able to provide
more teams to play in that bowl in the hopes of generating more funds for the North Metro Miracle
League. I want to read to you an email from John McLaughlin, the Executive Director of the North
Metro Miracle League. He emailed Jim Cregge earlier today:
Jim, I absolutely wanted to be at tonight's meeting but I have contracted some form of pneumonia. I
probably caught it at my doctor's office one day last week while waiting for my annual physical. I
have the right meds now but need to rest and avoid crowds. I hope the resolution that will support
an expansion of A YF A/NAFL passes. A YF A has been an important part of the Miracle League
success. They are generous in so many ways including the Miracle League bowl and hundreds of
volunteer hours ; their athletes partnering with our athletes. If it is good for them then it is good for
the North Metro Miracle League. If it is good for the North Metro Miracle League then it is good
for all the North Fulton communities that we serve. It is that circle of partnership, cooperation and
synergy that creates so many rich life experiences for all of our kids. If you have an opportunity to
speak this evening , please mention the North Metro Miracle League leadership in regard to this
matter.
Mike Haynes, 2375 Saddlesprings Drive, Milton, Georgia 30004
I also serve on the board for the Miracle League. Tim 's got a great program. I have participated in his
program and he does a great job but I can only tell you about what A YF A has done for the Miracle
League. Like Chris said , they host a game called the Miracle Bowl which provides money for the
Miracle League. The Miracle League shares the park with A YF A. For years and years , their kids have
been donating their time to come and be buddies for our kids. And, I think that is important. But ,
expansion of it would only help us more . I think if it helps us, it also helps our community. Thank you.
Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6 :00pm
Page 12 of30
Bill Weaver, 1675 Eversedge Drive, Milton, Georgia 30004
I am really proud of this football league. And , of the forty years of success in this community that we
have had, I have only been around for a couple of years of that. However, all these people behind me
are equally proud of what we have built in our community and understand the importance of the game of
football. This seems to have turned into an "us versus them" and in no way would I ever want that for
this community. This community is big enough and mature enough for lots of sports programs. And, at
AYFA as you can tell, we are committed to safety. We are committed to doing the right thing. We are
committed to helping young men mature and learn the incredible life lessons that we have the
opportunity to provide via this great sport. As we have gone through several of these past meetings with
both council and the Milton Parks and Recreation Advisory Board, several things have come up about
the declining of the league and us importing teams from other cities , etc. Those comments continue
around our organization and as you can see, people get upset about those sorts of things. I just want to
make it clear that we are and have always been committed to this community which includes Milton and
Alpharetta; the schools we feed into and the schools surrounding our two great cities. Have we seen
declining numbers in our program in the last five years? Yes , we have. We have seen declining
numbers in football all over the country in the past five years. As a matter of fact , there is only one sport
in the entire country , lacrosse , which has not seen declining numbers. That is surprising but it is
primarily due to sports specialization. We understand that. We also understand the implications of
concussion awareness and safety which we put hundreds and hundreds of hours in the off season
preparing ourselves to be the safest league we can possibly be. We will stay committed to that and will
continue to change and evolve our organization to fit the needs of the community. We will continue to
grow. There have been several things said about importing teams from other areas. We have had three
teams that we have formed at the select level. We have 12U , 1 OU, and 8U level teams. 71% of the kids
on all three of those teams are made up of Milton and Alpharetta residents. The rest of the kids come
from the surrounding areas of South Forsyth , Johns Creek, and Roswell. We have developed a program
that , I think, is special to allow kids at all levels to have the opportunity to play football. There was also
some talk that we had recruited a team from South Forsyth that had no Milton or Alpharetta residents
and that is simply untrue. We had an organization contact us which was coached by Phil Velamina, who
I have never met. I understand he had a conversation with Mr. Jacobs. When that information finally
got back to me , we quickly declined having that program in our league. That league has now joined
with the Forsyth Central Junior Feeder Program and they will be playing in the North Metro Football
League. We are really excited about the changes we are making this year and these changes do not have
anything to do with field usage or anything else. They have to do with the fact that we are trying to
align more effectively with our community. We will be aligning our teams with Alpharetta, Cambridge ,
and Milton High Schools this year. We are very excited about that and the feedback that we have gotten
from the folks in our community and league about this change has been positive. At the beginning of all
of this , the conversation was about field usage and that is where it all started. We have 20 yards of field
space per team at A YF A. That is not a lot of field space. Thank you.
Jim Cregge, Director of Parks and Recreation
I would like to give you a brief overview of the new Bell Memorial Park to make sure that we all
understand what the assets are that we are physically talking about in regards to this discussion. There
are two rectangular fields at the north end of the park. Both of these fields will be synthetic turf fields.
The planned utilization for field number two on the west side of the park is for lacrosse. Our boy's
lacrosse program started three years ago with 38 kids and this past spring has topped 400 participants.
Due to the excessive wear and tear that lacrosse is putting on our grass fields at Cogburn Woods and
Hopewell Middle School , it makes sense to move the lacrosse program to one of these fields since
Regular Meeting of the Milton City Council
Monday, March I 6, 20 I 5 at 6:00 pm
Page 13 of30
lacrosse has now evolved into a spring and fall sport. The field on the right, which is marked with # 1
and #7, is the field that will be dual-utilized. In the spring, it will be known as Field #7 with a
temporary fence and an arch of 200 feet around it to provide additional baseball space for the Hopewell
Youth Association Baseball Program. From June 151 until the end of December, those temporary fences
will come down, and the field is available for football programming. So , what we are talking about
tonight is just this one field. The Parks and Recreation Advisory Board has put an extensive amount of
time researching the two programs that are here tonight. The chart in front of you is the result of their
efforts to create criteria, collect data, and then the data was fact checked with each program provider
with both representatives from A YFA (now NAFL) as well as the New Found Life Football League
have both put in writing that they verify that the information is correct. At the Parks and Recreation
meeting last Monday, the board reviewed the data again for the third time and they concluded by a 4-1
vote; with two recusals , to recommend to council the selection of AYFA (now NAFL). When this topic
was brought up at the February workshop , you told me you wanted to see a little more data so I have put
together comparison charts for your review.
Chart 1 shows the relative registration for each program
In Fall 2014 , A YF A was able to offer tackle, flag , and cheerleading. NFL was not able to offer cheerleading, they
offered tackle and flag programs . Based upon the data reported from both Alpharetta as well as NFL, you can see
the distribution of where the participants come from .
Chart 2 compares the registrations from Fall2013 to Fall2014
While there was more data for A YF A , dating back 40 years , I did not have any data to fall back any further with
NFL so I kept the two lines comparable.
Chart 3 shows the supply and demand of the actual field usage
I have proposed that we would break the field up into four 30 yard practice spaces. An individual team does not
need an entire football field for practice . We can utilize these fields and assign teams individual groups of space
so they can run their practices. So , this chart is an attempt to visualize four teams practicing simultaneously on
the football field.
Chart 4 shows a typical week during the Fall Season
The fall season is the predominant time when football is being practiced and games are being played. The vast
majority of the chart is colored in red because the children are at school and the parents are at work. Then , you
get into a period of time from about 5:30 p.m. that the field is usable. However, sometimes it is difficult for
people to get there due to traffic and travel times. So , the most desirable time is a 2-2 ~ hour window on the
weeknights. Beyond that, the time is usable from 8 :30 p .m . on but these programs are made up of children in
grades 2"d through 51h. At that age, children do not need to be starting practice at 8:30 at night. So , while the time
is usable for older children , it is not desirable.
Chart 5 shows the market supply for a typical week
I asked for each program to give me their projections for next year and how they would utilize the field . As you
c see, each night they are projecting to use the desirable time slot. Roughly half of the field they would use
because they have not grown into using a whole field. This is based upon their projected Fall 2015 registration.
This represents the market demand as projected by the two programs.
Chart 6 shows the projected market demand based on last year's actual registration
We are showing here that the A YF A program needs more than one field space . To get to their existing
programming, they require multiple fields. This past Fall , they operated on two fields at North Park as well as
grass fields and a turf baseball field at Wills Park .
Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6 :00pm
Page 14 of30
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Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6:00 pm
Page 15 of30
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Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6:00 pm
Page 16 of30
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~-----~---------------
Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6:00 pm
Page 20 of30
If we were to partner with A YF A , we would not be meeting all of their needs; we would be meeting part
of their needs.
Councilmember Thurman
How were their needs met last year if they can't be met with one additional field?
Jim Cregge
Last year, they had smaller practice spaces with just 20 yards of field space per team. This proposal
would provide 30 yards of field space for each team. They had five teams per field as compared to four
teams per field.
Councilmember Kunz
Does A YF A still have its teams practice at Wills Park?
Jim Cregge
Currently , they practice at both North Park and Wills Park.
Councilmember Lusk
In looking at your previous slide , you have gaps each day. We just spent $10 million on developing
these fields , how can you justify having those gaps. What can you do to utilize the rest of the fields?
Jim Cregge
Currently , the two programs are not projecting to need that space; which is why there are open gaps.
With that space available , I have at least two ideas of what we could do with that space. We could
continue to make that space available, the east field the one that is also a baseball field, we could take
the temporary fencing out and still make it available to Hopewell Baseball to allow them to expand their
practice opportunities. I would not want them to play a game there , of course. Also, lacrosse continues
to expand and if we have the space available , either of those programs could take that space up.
Councilmember Lusk
So, there is a need for these other sports?
Jim Cregge
Yes , Hopewell Baseball has consistently been having practices where two teams share a field. So , an
opportunity to have a team practice individually on a field is a luxury that they have not been able to
have for several years. And, lacrosse has grown to the point that this past spring we had to rent
temporary field lights to provide additional opportunities to get the practices in.
Councilmember Thurman
My issue is paying Alpharetta additional fees for our residents to use the fields after our residents have
already paid via their property taxes. How much is the non-resident fee to play football in Alpharetta?
Jim Cregge
For a person outside of Alpharetta City limits, the fee is 75% of registration fee, but is not based on the
entire registration fee because they back out the cost of uniforms and equipment. It is around $150 fee
for a non-resident person to participate in the Alpharetta programs.
----------------------------------------------------------------------------------
Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6:00pm
Page 21 of30
Councilmember Thurman
So last year we paid roughly $150 for 200 people to play at A YF A on their fields, which makes since ,
but it doesn 't make since for us to pay a non-resident fee to play on our fields.
Chris Lagerbloom
Even though we have many similarities there are a tremendous amount of differences between the two
cities of Alpharetta and Milton, with one being how we collectively make decisions and who is
authorized to offer the answers. I have spoken with my colleague at the City of Alpharetta, Mr. Regis,
and he and I came to an understanding that what was intended by the Alpharetta agreement early on
was , as Milton became more in line in handling their needs , the agreement would go away. Mr. Regis
believes this arrangement makes since and he recommends that we need to reassemble the group that
worked on the MOU agreement in the first place, to get a legitimate recommendation from them. Then
Mr. Regis and I can speak with a little bit more authority to Councilmembers what that real number
would be. Mr. Regis and I agreed that as more fields come on line the cost should come down, I cannot
give you a more definitive number until that working group gets back together and hashes through it.
Councilmember Thurman
I think we are missing some important variables that should have been determined by having those
discussions prior to us having to make a decision on this. It is a pretty big number we are paying for our
residents to use our fields ($150 x 200 participants= $30 ,000).
Councilmember Kunz
I think there has been a lot of good work on this. This is the most packed City Council meeting I have
seen regarding youth football. We have a great opportunity as a Council to make a cultural decision
about what it is we want for the youth of our community. I have to decide what is best for our
community and was elected by Milton residents to perform this job. I am willing to give a Milton
resident with a Milton program an opportunity to build that program on Milton fields. I am sure we can
still partner with A YF A. I think it will not affect the A YF A agreement with Milton. I am for Tim
Lester 's group who is doing a great thing for our youth and give him my support tonight.
Councilmember Thurman
How many players does each program project to have based on the field usage they have requested? It
looks like A YF A is four times the size of NFL , but if they have two other fields plus the one at Bell
Memorial they plan on using , why do they need six or seven times more field space? The numbers are
not adding up to me.
Jim Cregge
To accommodate what they had last year, they need these fields to run the program to its best ability.
Councilmember Thurman
That is not answering my question.
Chris Lagerbloom
I would like to say that the addition of this field at Bell Memorial Park is not giving us a whole new
field. There will be players from Wills Park or North Park freeing up spaces at those location but that
space will be taken by the ever growing lacrosse or soccer programs.
Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6 :00pm
Page 22 of30
Jim Cregge
Alpharetta wants to get football off of all of their baseball fields to allow proper recovery of the grass
fields. If A YF A gets to use the field at Bell Memorial Park they still would need one more field at
North Park. The second field at North Park would free up some having gaps because of the offloading
to Bell Memorial.
Councilmember Mohrig
In your discussions with Alpharetta, is the plan to allow the same amount of space for A YF A?
Jim Cregge
They will if they have to. They are not of the mindset to restrict how many kids can participate.
Councilmember Lusk
Sounded to me like Alpharetta was moving out of North Park and we were absorbing that capacity at
Bell Memorial. Is that correct?
Jim Cregge
They will be taking away AYFA's ability to use baseball fields at Wills Park. Also they will be freeing
up some space from the one of the two North Park fields , allowing additional sports programming to
take place there.
Councilmember Lusk
When I campaigned back in 2006 , there were two major issues: the traffic and the lack of parks. Never
was it discussed at that time to partner with any other organization. We are to service the residents and
the youth of Milton. I think the documentation Jim has provided just reinforces the need that we should
be servicing our kids in Milton and they should come first. It was stated earlier by Mr. Bettis, we need
to start somewhere and NFL is a top class program to start with. I think we should move forward and
look at who we should be serving and effectively utilize the fields we have.
Councilmember Hewitt
Either direction we go today , the other organization will continue?
Jim Cregge
Yes , either direction we go both programs will continue to survive because they existed this past fall
without our fields.
Councilmember Hewitt
When did the lacrosse program start, how man y kids did it start with and how many do they have now?
Jim Cregge
The lacrosse program started in the fall of2012 with 38 kids , now it is at slightly over 400 kids.
Councilmember Mohrig
I am looking at your analysis here, Jim and it looks like with half the capacity you can fully
accommodate NFL.
Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6:00pm
Page 23 of30
Jim Cregge
Yes , and there is room to grow whichever program we choose to assign that room to. I would not leave
it sitting there idle.
Chris Lagerbloom
The direction I am looking from the Council tonight is to tell us who to go to negotiate a contract with
from one of these programs. To negotiate with both programs would be very difficult. Once we have
the program identified we would start discussions and bring back to you a negotiated contract from an
official program provider.
Councilmember Mohrig
One of the questions we had earlier was for you to show us the layout of usage? Now we got that which
shows we can definitely accommodate NFL , a Milton program, and have capacity to fill those fields
with either A YF A or some other expanded program within Milton. Although more difficult, you could
do a negotiation with both programs?
Chris Lagerbloom
Yes , we could structure an agreement with two different programs this year to maximize the capacity. I
would assume we would have potential issues with how much field space is needed by two programs in
subsequent years. I would like to highlight it is great to make decisions for today but we do need to look
and plan for the future as well.
Councilmember Mohrig
This is going to be annual contract not a multi-year contract with whoever we pick as the football
provider?
Chris Lagerbloom
That is a correct statement, but I would like you to have the mindset as we do now with the Hopewell
Youth Association , whatever program we pick to be our football program will be our football provider
going forward. We now maintain a multi-year contract with HYA as our baseball provider and I see the
same happening with whoever we pick for our football provider.
Councilmember Mohrig
I am looking at how we can best serve our residents. I foresee that NFL is going to continue to grow, so
I am leaning to giving NFL a portion of the field and serve Milton with that new program (NFL).
Jim Cregge
In addition, to the example Chris Lagerbloom just referenced with the HY A Baseball, I would like you
to take a look at another partner the city has , Eagle Stix Girls Lacrosse , currently serving over 225 girls
at Northwestern Middle School. That is a program provider that is working in partnership with the city.
They maintain the fields , take care of cost fees , water expenses and maintain the grass. We are currently
working to expand one of the fields and hope to present to you a new contract to modify an existing
baseball field of which , Eagles Stix would be fronting the principal value cost around $100 ,000 -
$125 ,000. This is the type of investments that partners give us when we are working exclusively with
just one program partner. So , if we are asked to work with two competing programs certainly we can do
that, but there may be ramifications that might affect some of our other program partner's decisions
willingness to invest in the city.
Regular Meeting of the Milton Ci ty Council
Monday, March 16 ,2015 at 6:00pm
Page 24 of30
Mayor Lockwood
I see everyone 's position with this. It is a really tough decision and we want to do what is best for the
kids. We have two great programs here. Good news for the kids, they are going to get to continue to
play , it just comes down to what fields and times your practices will be is what the staff will decide.
Both programs are going to continue no matter what we decide. I personally feel for the city and with
limited field space , I would prefer to go with a newer program that can grow and use the available field
space for other programs . With that being said , I would certainly support moving in the direction of
NFL program .
Motion and Vote: Councilmember Kunz made a motion to provide staff direction to work with NFL
Milton Steelers on developing a contract for the Milton Youth Tackle Football Program.
Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting.
3. Consideration of a Resolution of the City of Milton, Georgia Waiving City of Milton
Building Permit Fees for Friends of the Milton Library for the Purpose of Building a
Storage Facility to House Books for Book Sales Benefiting the Milton Public Library.
(Agenda Item No. 15-074)
(C hris Lagerbloo m, City Mana ger)
Administratively defer Agenda Item No. 15-074 by Rule Procedurally to the April 13 , 2015 Regularl y
Scheduled City Council Meeting since no eligible voting quorum existed. Councilmember Joe Longoria
was absent from the meeting.
4. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission
for Funding of SR 3 72 Crabapple Road/Birmingham Highway Intersection Improvements.
(Agenda Item No. 15-075)
RESOLUTION NO. 15-03-326
(C arter Lu cas, Assistant City Manager)
Carter Lucas, Assistant City Manager
Good evening, Mayor and Council. Actually the next five items are all related and are based on a
conversation at a previous meeting regarding a call for projects put out by Atlanta Regional Commission
(ARC). Project SR 372 Crabapple Road/Birmingham Highway was high on our priority list and we are
hoping to add to construction funding to bring the project up to a full y funded project based on current
right of way acquisition costs and construction costs estimated by Georgia's DOT. Project costs are at
$7.6M up from the original estimate of $5.4M. An addition $2.2M is requested through this process.
That breaks down to Federal match of $1.8M and local match of $520 ,000. We have been through the
Capital Budget and believe those funds can be derived through adjustments in a couple of our Capital
programs, as well as , relating to the next item on the agenda which is the Comprehensive Plan, where
we are asking for additional funding. That program is currently funded in this budget, but if we were to
receive funding for this project, we could reduce that funding and transfer that money to the SR372
project getting as much or more under the Capital Comprehensive Plan as we would have , funding it
ourselves. We are asking to move forward with the application to ARC to fully fund that construction
project.
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Regular Meeting of the Milton City Council
Monday, March 16, 2015 at 6:00 pm
Page 25 of30
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 15-075. Councilmember
Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Joe Longoria
was absent from the meeting.
5. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission
for Funding of an Update to the Milton Comprehensive Transportation Plan.
(Agenda Item No. 15-076)
RESOLUTION NO. 15-03-327
(Carter Lucas, Assistant City Manager)
Carter Lucas, Assistant City Manger
This is the update to the CTP which is a precursor to the updated North Fulton CTP, which will occur
next year. This project is currently funded in this year's budget. Applying for funds under this
particular program will allow us to expand that particular project to include things we would not
ordinarily be able to include under locally funded project, as well as, to move some funds to the SR372
project. This is an important project for us this year.
Councilmember Lusk
What is the probability that we would get any or all of these applications?
Carter Lucas
The proposed projects that have a fairly high probability of passing are:
1. Additional funds for SR 372 Crabapple Rd/Birmingham Hwy
2. Study funding for Milton CTP update
3. LCI funding for NE Crabapple Connector
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-076.
Councilmember Thurman seconded the motion. The motion passed unanimously ( 6-0).
Councilmember Joe Longoria was absent from the meeting.
The following Agenda Item No. 15-077 was removed from the Agenda by Motion and Vote during
Approval of Meeting Agenda.
6. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission
for Funding of a Northeast Crabapple Connector Project.
(Agenda Item No. 15-077)
(Carter Lucas, Assistant City Manager)
7. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission
for Funding of a Milton Multiuse Trail Connection to Big Creek Greenway.
(Agenda Item No. 15-078)
RESOLUTION NO. 15-03-328
(Carter Lucas, Assistant City Manager)
Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6 :00 pm
Page 26 of30
Carter Lucas, Assistant City Manger
This is a project we currently have in a concept plan and is in conjunction with North Fulton CID and
Alpharetta. We will be having an open house tomorrow night from 4:30-6:30 regarding this particular
project, looking for public input. We are looking to move this to construction in the next three to four
years , making trail connections from Cambridge High School to the Big Creek Greenway.
Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 15-078.
Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting .
8. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission
for Funding of Bethany Road at Providence Road Intersection Improvements.
(Agenda Item No. 15-079)
RESOLUTION NO. 15-03-329
(C arter Lu cas, Ass is tant City Manager)
Carter Lucas, Assistant City Manager
This is a project that had an initial concept study done by a Fulton County Corporation which allows us
to qualify this concept under this funding. We would need to update the concept study if awarded this
project. It is very possible they may cut it down from a construction project to a study to update , but
because the concept was already in existence , we wanted to go ahead and move forward with this
project.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 15-079. Councilmember
Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Joe Longoria
was absent from the meeting.
9. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission
for Funding of a Study of SR 140 Including the Intersections of Ranchette Road and Green
Road.
(Agenda Item No. 15-080)
RESOLUTION NO. 15-03-330
(Ca rter Lu cas, Ass istant City Manager)
Carter Lucas, Assistant City Manager
This is an application we are moving forward with to look at operational improvements along the SR
140 Corridor. With the removal ofthe project to widen SR140 Corridor , GDOT was looking for some
alternatives to improve the operational characteristics along that corridor. We thought these were a
couple of intersections that were important and had been identified in our original CTP. We felt it was a
good funding opportunity to look at some potential alternatives for these two intersections.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-080 .
Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting .
Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6:00 pm
Page 27 of30
The following Agenda Item was added to the Agenda by Motion and Vote during Approval of Meeting
Agenda.
10. Consideration of a Resolution of the City of Milton Enacting an Emergency Moratorium for 30
Days to Bar the Acceptance of Applications for Land Disturbance Permits on Property in the
AG-1 , R-1 , R-2, R-2A , R-3 , R-3A , R4-A , T-2 Zoning Districts.
RESOLUTION NO. 15-03-331
(C arter Lucas, Assistant City Man ager)
Ken Jarrard, City Attorney
This was added by way of the agenda as a time sensitive item. This is a resolution that would enact an
emergency 30 day moratorium with respect to the receipt and the processing of land disturbance permits
in the zoning designations of AG-1 , R-1 , R-2 , R-2A , R-3 , R-3A , R4-A , and T-2 zoning districts in the
City of Milton. The reason for that is because of the upcoming residential conservation zoning
ordinance that is going through the regulatory process. While that ordinance is going through the
regulatory approval process , the City of Milton would like to prevent any further land disturbances in
these zoning districts. The conservation ordinance will have direct impact acting almost in the form of
an overlay on those zoning designations. The concern is once it is understood what is coming down the
pipe; there will be a rush to bring these land disturbance permits in. We would like to ensure any future
land disturbance permits are in fact , consistent with the land conservation ordinance that is about to go
through the regulatory process , thus this moratorium . Our moratoriums usually start with a 30 day
imposition, during that time anticipating the moratorium will take longer than 30 days , we will set up a
public hearing with a public comment. If we are going to extend it longer than 30 days , we will do so
after that public hearing. When does it expire? It expires by its expressed provision in 30 days ,
obviously , unless it is renewed. If it is renewed , it will expire subject to the renewal terms . It will
expire when you tell it to expire. For instance , you could potentiall y make a motion and vote for it to
expire at the next meeting. As soon as you adopt the conservation ordinance , it will expire also. This
moratorium will not have an effect on permits that have already been issued . Obviously , those
individuals will have vested rights to act consistent with those permits having already been issued.
Mayor Lockwood
Just to clarify , anything that has already been submitted will not be affected by this moratorium . Again ,
for anyone new who hasn 't submitted something for a development; this is onl y in effect for 30 days
unless , obviously, the council decides to extend it. But , the reality is that it is in effect for 30 days or
less at the council 's discretion .
City Manager Lagerbloom
I want to highlight , as well , that the reason we brought this forward tonight for your consideration is (1)
for discussion and (2) not to suggest that you would agree to adopt this but that you have the opportunity
to have it presented. The Conservation Subdivision ordinance that the City Attorne y referred to is one
that was brought forward previously and then we worked on it some more. It is scheduled to come
forward again and go through the process just like any other text amendment at the CZIM meeting later
this month. The reason for the timing is that by the time it is brought forward at the CZIM meeting to
the ne xt time that you are all together as a council , since we are pushed back a week due to Spring
Break , you will not meet for three consecutive weeks. So , 28 days from tonight , it will be back before
you to make a decision. Therefore , there will be an adequate amount of time from when the
Conservation Subdivision ordinance first appears until the time that applications could be tendered and
Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6:00pm
Page 28 of30
in potential conflict to it because of where it is in the process and the next time you meet. There could
potentially be applications that would come in and possibly beat your acting upon a conservation
subdivision or not. This is the mechanism to do that. If you don't want to do that then you can say that
you are fine with everything the way it is and the conservation ordinance in whatever format it comes
out in. If it is presented to you and several residential developments are brought forward and in the
pipeline , before the ordinance is ultimately adopted by the council , then there is no need to approve this
moratorium. Approval of this moratorium tonight will protect that status quo.
Councilmember Thurman
This is fairly broad. It really stops almost all residential development in the city. I would like to see that
we extend it and I think we need to especially with some bigger subdivision coming in. I would like for
us to narrow it down after the 30 days to what would actually be impacted by a conservation
subdivision.
City Manager Lagerbloom
The reason we identified those particular zoning districts is because during the initial design of the
Conservation Subdivision ordinance, we identified those districts as ones that had the opportunity to use
the ordinance. We are in the very beginning of the process of crafting the Conservation Subdivision
ordinance. How it starts out may be very different from the end product.
City Attorney Jarrard
If we extend the moratorium longer, the court wants to see that we narrowly craft it to the actual harm
that you are attempting to abate. It will be advertised no less than 15 days prior to the meeting that you
could potentially approve to renew it. If the council gets to the meeting and does not have any interest
in renewing it, then you can make that decision. However, procedurally, it will be advertised as such.
Motion and Vote: Councilmember Kunz moved to approve the above Agenda Item that was added to
the Agenda by Motion and Vote during Approval of Meeting Agenda. Councilmember Lusk seconded
the motion. The motion passed unanimously (6-0). Councilmember Joe Longoria was absent from the
meeting.
MAYOR AND COUNCIL REPORTS
Mayor Lockwood
We talked about having a Town Hall Meeting. I would like to discuss that. I think it is a good idea to
have one. Chris and I have talked about having more than one throughout the year. I suggested having
it at the Broadwell Pavilion one evening in a casual environment and open it up to the public for
questions and comments. We can also introduce our new Police Chief. Also , we could show the public
some initial sketches of the new City Hall.
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Regular Meeting of the Milton City Council
Monday, March 16 ,2015 at 6:00pm
Page 29 of30
Councilmember Thurman
I like that idea and I would like to suggest that people submit their questions prior to the meeting and/or
have people write their questions on paper and submit them at the meeting. I would like the staff to be
able to be prepared to answer questions.
Mayor Lockwood
People can certainly email their questions but I want people to be able to come to the meeting and if they
have a question, they can ask it on the spot. I don 't want people to think that they can't ask questions at
the meeting.
City Manager Lagerbloom
How about Tuesday, March 31 st at 6:00p.m.?
STAFF REPORTS
EXECUTIVE SESSION
Motion and Vote: Councilmember Mohrig moved to go into Executive Session to discuss land
acquisition at 8:41 p.m. Councilmember Thurman seconded the motion. The motion passed
unanimously (6-0). Councilmember Joe Longoria was absent from the meeting.
RECONVENE
Motion and Vote: Councilmember Mohrig moved to reconvene the Regular Meeting at 9:02 p.m.
Councilmember Hewitt seconded the motion . The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting .
Regular Meeting of the Milton City Council
Monday, March 16 , 2015 at 6:00 pm
Page 30 of30
ADJOURNMENT
(Agenda Item No. 15-081)
Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 9:03 p.m.
Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember
Joe Longoria was absent from the meeting.
Date Approved: April 13 , 2015
lerk
STATE OF GEORGIA
COUNTY OF FULTON
CITY OF MIL TON
)
)
)
)
)
AFFIDAVIT RE: CLOSURE OF
OPEN MEETINGS
Personally appeared before the undersigned officer, duly authorized under the Jaws of the State of Georgia
to administer oaths , JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council
meeting ofthe 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 16, 2015, at 6:00PM 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)(l)(B-E);
2 . 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(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 Jaw as set forth above .
SWORN TO AND SUBSCRIBED before me
this 16th day ofMarch, 2015 .
Notary Public ~
My Commission Expires: