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HomeMy WebLinkAboutMinutes CC - 04/27/2015 - MINS 04 27 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page I of31 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 April27, 2015 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Councilmember Rick Mohrig led the invocation. 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, Councilmember Joe Longoria and Councilmember Rick Mohrig. Mayor Joe Lockwood called the meeting to order. PLEDGE OF ALLEGIANCE (Led by Mayor Jo e Lockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 15-107) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following change: • Move New Business Agenda Item No. 15-110 , Consideration of a Resolution Appointing a Member to the Parks and Recreation Advisory Board for District 1/Post 1 and Agenda Item #15- 111 (T -Mobile litigation) after the Public Hearing. Councilmember Mohrig seconded the motion . The motion passed unanimously (7-0). Regular Meetin g of the Milton City Council Monday, April27, 2015 at 6:00pm Page 2 of31 GENERAL PUBLIC COMMENT Kimberly George, New Milton Library Director It is a pleasure to be in Milton as your Branch Manager. I live in Johns Creek and it is wonderful to be able to serve such a great community. We are looking forward to opening the library and providing support and services for you. We will have arts , education, and a teen center. I grew up in Northern California in Sonoma County and Milton is as close to it as I get with horses . There are no vineyards but I grew up around horses and barns so I am excited to be here. CONSENT AGENDA 1. Approval ofthe Aprill3 , 2015 City Council Regular Minutes. (Agenda Item No. 15-108) (Sudie Gordon, City Clerk) 2. Approval ofthe Financial Statements for the Period Ending March, 2015. (Agenda Item No. 15-109) (S ta cey In g lis, Assis tant City Man ager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion . The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS 1. Proclamation Recognizing SkillsUSA State Competition Winners at Cambridge High School. (Pr esented by Mayo r J oe Lockwood) 2. Proclamation Recognizing Cambridge High School Wrestling Team Day. (Presented by Co un ci/m ember Matt Kun z) FIRST PRESENTATION (No ne) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to The Blue Den, Located at 980 Birmingham Road# 200 , Milton, GA 30004 . (Agenda Item No. 15-104) (A dministratively Deferred at April 13 , 2015 Regular City Co uncil Mee ting) (Stacey inglis, Assistant City Ma nager) Regular Meeting of the Milton City Council Monday, April27, 2015 at 6 :00pm Page 3 of31 Stacy Inglis, Assistant City Manager The Blue Den is located in the Birmingham Crossroads shopping center. It has excellent food and I highly recommend it. The owners have met all of the requirements ofthe City of Milton ABL ordinance and we recommend approval. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 15-104. Councilmember Lusk seconded the motion. The motion passed unanimousl y (7-0). 2. Consideration ofthe Issuance of an Alcohol Beverage License to Wilbur & Rudy's Farmtable , LLC , Located at 850 Hickory Flat Road , Milton , GA 30004. (Agenda Item No. 15-105) (A dministrativ ely Deferred at April13, 2 015 Regu lar City Co un cil Mee tin g) (S ta cey In g lis, Ass istant City Manager) Stacy Inglis, Assistant City Manager This establishment is also located in the Birmingham Crossroads area. They are planning to have a deli and also sell packaged retail wine and malt beverage. They have met all the requirements of the ordinance and we recommend approval. PUBLIC COMMENT John Reddick, 148 Iron Mountain Road, Canton, Georgia 30115 I am here tonight to urge you to pass this alcohol be verage license. Our community could greatly benefit from a social gathering spot. It is an older building that has been very nicely remodeled and we hope that you will approve this license. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 15-105. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 3. Consideration of a Resolution Appointing a Member to the City of Milton Parks and Recreation Advisory Board for District 1/Postl. (Agenda Item No. 15-110) RESOLUTION NO. 15-04-335 (Mayor J oe Lockw oo d) Councilmember Karen Thurman I would like to thank Mark Reed for his service on the Parks and Recreation Advisory Board for many years and the leadership he provided as Chairman of the Board . I know that he left the citizens of Milton and our parks a lot better off than the y were before . I would like to recommend Van Kottis as a member ofthe Parks and Recreation Advisory Board for District 1/Post 1. Van and his family moved to Milton in 2003 and he has been actively invol ved in girls softball at North Park. He has been involved in athletics most of his life. In high school , he lettered in football , basketball , and baseball. He also played baseball and football in college . He is a member of the Georgia State Bar since 1992 and continues to practice law in Sandy Springs. He believes that a strong youth organization makes for a strong community. I very much agree with that and I ask for your approval of Van Kottis. Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 4 of31 Motion and Vote: Councilmember Kunz made a motion to approve Van Kottis to the Parks and Recreation Advisory Board for District 1/Post 1. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). 4. Consideration of a Proposal to Resolve Aspects of Litigation in T -Mobile v. City of Milton. (Agenda Item No. 15-111) (Kelly Hundley, Attorney for City of Milton) Kelly Hundley, Attorney for City of Milton I have been appointed as your counsel through GERMA to handle this litigation with T-Mobile. This case began with an application for three different cell towers. One on New Providence Road, one on Mountain Road, and one on Hopewell Road. The Mayor and Council denied two requests for special use permits for the Hopewell Road and Mountain Road locations. They initially approved a request for New Providence Road authorizing a special use permit for a 110 foot tower along with a stealth design. T -Mobile was not happy with that and filed a lawsuit which we have been involved with for some time. We have had one claim go up to the court of appeals and come back down in favor of the city affirming that the city did the right thing and did not violate any law. After the 11th circuit made its decision, the district court then found in favor on a different issue with the city , T-Mobile approached us with a potential partial resolution of this case which is up for consideration tonight. The proposal that T- Mobile has presented has several subparts. With regard to the Mountain Road tower location, T -Mobile has said that they are going to abandon all their clients with regard to that particular tower and location. So, any of their claims regarding Mountain Road will go away completely. With regard to the New Providence Road tower, as I mention previously , you had approved a 110 foot tower with stealth design . T-Mobile had asked for 150 foot tower. They have come back and said they can live with the tower at 110 feet inclusive of the antenna. In regard to the Hopewell Road location, T-Mobile said that as part of the settlement they wanted a permit to issue for that and I have told them that is not going to happen. There will have to be a continued fight over the tower at the Hopewell Road location. T-Mobile still wants to proceed with resolving the issues in regard to the two other towers. They have also agreed to dismiss all of their discrimination claims . There is a claim stating that the city has treated them differently than other providers. They have also agreed to abandon all of their claims for attorney fees and additional costs. So , at the end of the day, they have proposed a settlement where essentially all we will be fighting with them about is the Hopewell Road location , only one claim in regard to the Hopewell Road location. The only potential relief they would get would be the granting of a special use permit , assuming that they can carry their burdens with regard to that claim. From a lawyer's perspective in regard to the two towers in question, it is a clear win for the city. You are only giving them 5 more feet than what you had told them you would give them five years ago. The Mountain Road claim disappears and the New Providence Road is what it is. So , the only fight left is the Hopewell Road location. I would urge you to approve this settlement. Motion and Vote: Councilmember Lusk made a motion to approve Agenda Item No. 15-111. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, April27, 2015 at 6 :00pm Page 5 of31 Zoning is transcribed verbatim ZONING AGENDA 1. Consideration of RZ14-15NC14-04 -3501 Bethany Bend, by Bajun American Properties, L.P. - To Rezone from AG-1 (Agricultural) and TR (Townhouse) to TR (Townhouse) to Develop 77 Townhomes on 10.17 Acres. A Six Part Concurrent Variance to: 1) Reduce the perimeter side [Sec. 64-669(h)(2)(a)]; 2) Reduce the perimeter rear setbacks [Sec. 64-669(h)(3)]; 3) Reduce the landscape strip along Bethany Bend [Sec. 64-1090(a)]; 4) Reduce the 75 foot buffer and 10 foot improvement setback [Sec. 64-1091(b)]; 5) Allow alleys with only one row oftownhomes [Sec. 64-1095(h)]; and 6) Reduce the amount of open space required [Sec. 64-6690)(1)]. (Agenda Item No. 15-090) (First Presentation at April 13 , 2015 Regular City Coun cil Mee ting) (Kathlee n Field, Co mmunity Developm ent Dir ector) Kathleen Field, Community Development Director Thank you, Mr. Mayor and members of the City Council. The applicant for RZ14-15NC14-04 requests that these items be withdrawn from consideration. The applicant and his attorney are here , however, to answer any questions you may have. Councilmember Lusk Say again if you would , Kathy , they are seeking to withdraw the items or the entire application? Kathy Field The entire application. Motion and Vote: Councilmember Thurman moved to accept the withdrawal of the application of Agenda Item No. 15-090 without prejudice. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 2. Consideration ofU15-0l!U15-02NC15-0l -Hopewell Road , 10.142 Acres on the East Side of Hopewell Road with Frontage of Approximately 1,130 Feet Within the 2nd District, 2nd Section, Land Lot 692 , by GA Cumberland Association of Seventh Day Adventist -To develop a 3 7 ,500 square foot church ( 64-1804) within four buildings with a maximum number of 600 seats and a 13 ,000 square foot private school (64-1831) for Pre-k through 8th grade with a maximum of 90 students. A concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 25 foot undisturbed buffer and 10 foot improvement setback along the east and north property lines as shown on the site plan (64-1143(a)(3)b.). (Agenda Item No. 15-091) (First Presentation at April 13 , 2 015 Regular City Co un cil Mee tin g) (Kathleen Field, Co mmunity Developm ent Director) Re g ular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 6 of31 Kathleen Field, Community Development Director Thank you. Mr. Mayor, the applicant for Agenda Item No. 15-091 is also requesting that this item be withdrawn tonight. Motion and Vote: Councilmember Kunz moved to accept the withdrawal of the application of Agenda Item No. 15-091 without prejudice . Councilmember Hewitt seconded the motion . The motion passed unanimously (7-0). 3. Consideration of RZ15-01-To Adopt the Corrected City ofMilton Zoning Map as Indicated on the Geographical Information System (GIS) including all Zoning Actions Prior to January 1, 2015 as Shown on "Current Zoning Map Dated January 2015 ". (Agenda Item No. 15-092) ORDINANCE NO. 15-04-239 (Fir st Pr esentation at April 13 , 201 5 Regu lar City Co un cil Meet ing) (Kathleen Fi eld, Co mmunity Developm ent Director) Kathleen Field, Community Development Director Thank you. Mr. Mayor, this agenda item essentially is to ask consideration to have the council adopt a corrected updated version of the zoning map. The Community Development Department tries every year to update and reflect all the zonings in the past year onto the zoning map. So , this is a corrected map updated. Councilmember Lusk As of what date is it updated ? Kathy Field Robyn , can you ... Robyn MacDonald, Zoning Manager It is updated through December 31 , 2014 so it doesn 't include any actions but we have been working on it as well as one other item we chose to make it more user friendly as far as our form based code. Last year, we changed it from an overlay to an actual zoning district so you will see that the form based code transect zones are also embedded on the map as well. Also , we have had problems with people trying to figure out where everything is so now it is all on one map for their use. Councilmember Lusk Is that the bulk of the changes ? Robyn MacDonald Yes , it was. Councilmember Lusk I can 't recall an y zoning variances that we had last year. Regular Meeting of the Milton City Council Monday, April27, 2 015 at 6 :00pm Page 7 of31 Robyn MacDonald We had a couple but it is just to clean up the map and make sure I do an audit and make sure there wasn 't anything else that we missed. Motion and Vote: Councilmember Hewitt mo ved to appro ve Agenda Item No . 15-092. Councilmember Thurman seconded the motion. The motion passed unanimousl y (7 -0). 4. Consideration of RZlS-02-Chapter 64 , Article XX , Deerfield Form Based Code , to Amend the Standards and Increase the Geographical Area to Include Areas Within the Highway 9 North Visioning Study. (Agenda Item No. 15-093) ORDINANCE NO. 15-04-240 (First Pres entation at April 13 , 2015 Regu l ar City Cou ncil Mee ting) (Discussed at April 2 0, 2 015 City Co un cil Wo rk S ession) (Kathleen Field, Co mm unity Development D irector) Kathleen Field, Community Development Director Thank you. Mr. Mayor, although the y will certainly require separate votes , I would , with your permission, like to discuss both the Deerfield Form Based Code and the Crabapple Form Based Code. The reason for that is that in both codes , there are similar changes and those changes are essentially minor amendments to the code. After working with these codes for a couple of years, we have found areas for improvement. So , when we change one code , since they are fairly similar , it ended up also changing the second code. However , the major change to the Deerfield Code is that we added in the Route 9 North area from Bethany Bend up to Forsyth County. That was based on the Route 9 North Visioning Study that we completed last year. I would like to note in there that the intent of that amended area ; that amended geographic area that is now being proposed to being embedded in Deerfield , we tried to capture the intent of that visioning code as closel y as possible so that this zoning ordinance will implement that vision. And , I would like to pay particular attention to the Five Acre Area which you know was the topic of a special study and we did direct our consultant and we have certainly talked with some of the affected stakeholders in the area. And , I feel that we have adequately reflected the intent of the criteria ofthat area for planning as it relates to the visioning study . So, having said that , I would like to review with you, we did discuss this at our workshop meeting. You did have us requested follow through on one item. And , I would also like to review the Planning Commission items with you because we have embedded those within this proposed code before you tonight. And , I just want to review them all with you to make sure that you are certainly in agreement with them. The first one from the Planning Commission deals with stub out streets, 150 in length or less. We propose that the y shall terminate a curb design to be removed when the adjacent site is developed and the street is extended. And , that so that we have a curb on these stub out streets. And , staff, that was proposed by the Planning Commission and staff certainl y supports that amendment. Secondly , the Planning Commission, in terms of incorporating the Milton Trail Plan and provide on or off street bicycle facilities not specified in the regulating plans need to be provided. It goes on to say , when on street facilities are provided within new thoroughfares , the width of the thoroughfare shall be increased . Now , that was a recommendation of the Planning Commission and what they are essentially saying is that on subdivision streets , interior subdivision streets , that there should be a special area designated for bikes. And , that will add to the width of the street and we have been , from a staff perspective , we have --~------ Regular Meeting of the Milton C ity Council Monday, April 2 7, 2015 at 6 :00pm Page 8 of31 been trying to narrow the streets down so we don 't have so much roadway , however, it was the wish of the Planning Commission that the street be widened to allow for a bike lane on those interior streets . So , we want to bring that to your attention to see what your thoughts were if indeed you support the Planning Commission 's recommendation. Staff does not particularly agree with that. We felt that an interior subdivision street did not need a speciall y designated bike lane on it. Certainly , exterior streets do but the interior streets , we thought, were wide enough not to need that. But, that is an inconsistency that I would like some guidance in. Certainl y, it has been included in this draft and should you decide you don 't want it , it would have to be removed. Then, there was the issue of the requirements of the City of Alpharetta along Windward Parkway as you know the y own the road so if there is a development along there and the City of Alpharetta has already set the sidewalk requirements , for instance , we have included a line which states , "The City of Milton may waive our requirements so that there is a unified pattern ." And , then , lastly, the issue of required visitor parking may either be provided off street in a common parking lot anywhere on the site or on street within 300 feet of the intended use as measured along the direct improved pedestrian roof; from the door of the building to the parking space. And , this was language dealing with on street parking and parking lots nearb y that the Planning Commission asked us to incorporate and staff did agree with that , certainly as well. In terms of our last workshop meeting , the council and mayor asked us to prov ide alternative wording regarding the screening of the accessory telecommunications structures related to radio and television. Your opinion at that time was that the proposed wording was not feasible especially if the structure was very tall in height. And , I think the issue was that the original language said something along the fact that from the Planning Commission 's perspective that the screening should be of equal height to the accessory structures of the radio and television station. We thought that may be unattainable considering the fact that some of these towers can get to be very high. So , we did talk to our City Arborist and we did come up with the following language , "Accessory telecommunication structures must be screened from view along an y public or private street or residential use by a 100 % opaque wall of solid appearance or a visuall y continuous opaque evergreen hedge . The type , size , and location of vegetation shall be approved by the City Arborist. The type , size , and location of wall shall be approved by the Community Development Director." We thought that would be adequate language to provide the screening for any potential accessory television or radio structure. So , those are the exchanges that have come up from the Planning Commission and language requested from the City Council at the last workshop meeting and I wanted to bring it to your attention. Councilmember Kunz Just one question that is more semantics than anything else , if there is a typo in this , would that have any effect on the law , and I just wanted to ask because in Section 4.6.7 it tries to reference Five Acre Road but it states Fire Acre Road. I just wanted to make sure that was corrected. I'm assuming that is what we meant. Kathy Field Yes , we can pick up that correction . Thank you for bringing it to our attention. Councilmember Rick Mohrig Kathy , I have a question on this Five Acre Road zone because we are going to have this be a part of the Deerfield Plan which we have Form Based Code. There are a lot of particulars that we put in there including height restrictions , type of building , etc . Is this going to be left out of the TDR receiving site so it can 't be altered as far as the density? ----------------------------------------------------------------------------~-------~--------- Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 9 of31 Kathy Field Yes . Councilmember Mohrig Okay. So, it is not included in that. What about height restrictions? Is that in the document? Kathy Field Yes , it is very specific for that particular area. Yes , we were very careful to carry everything from the visioning study over to here. Exactly, yes. Councilmember Lusk Let's get back on the screening for radio and TV. What kind of facilities are we looking at? Are we talking about dishes or towers ? Kathy Field Any of the above. I've seen a lot of dishes but I have also seen some towers. I think at the last meeting , it was difficult to actually pinpoint how large those would be and so we tried to at least come up with an adequate screening but obviously we are not going to totally screen a facility. Councilmember Lusk I guess my concern is that by allowing opaque fences around there , are we drawing more attention to them than it would if we just allowed vegetation screens. Kathy Field And, that is certainly an option. There are certain types of trees that do provide very dense screening and we could certainly just limit it to the vegetative screening as opposed to the fencing type of screenmg. Councilmember Lusk I believe on our major thoroughfares, or even in other areas , we've prohibited installation of opaque fences. Robyn MacDonald It says , "or" so, if you want to eliminate the fence but I suspect, if there were ever to be this type of use , that they would need some sort of security fencing around it , whatever type , but we could always green it in front of the fence as well. But, we do say to provide evergreen screening or the opaque fence or it could be both. You could cover the fence with the screening. I'm sure they would need some sort of security. Councilmember Lusk I would be in favor of covering up any opaque fencing with vegetation. Robyn MacDonald And , we can do that. Councilmember Burt Hewitt On the street width , what are we talking about narrowing the streets? What is that cross-section footage wise? Regular Meeting of the Milton City Council Monday, April27, 2015 at 6 :00pm Page 10 of31 Councilmember Mohrig Are you saying if you eliminated the suggested bike path? Kathy Field Maybe , we can get Carter to come and join our conversation. Councilmember Hewitt What were you thinking about roughly adding ? What would the width be with the proposed bike lanes ? Three feet more? Carter Lucas, Public Works Director Well , normally , an assigned bike lane depending on whether you have curbs or gutters is going to be four or five feet on either side. One of the things we have talked about that we have been working through with the Fire Marshal is some of these street width requirements and what they need within those developments . I'm not sure that I have seen a marked bike lane in residential areas. But, if you wanted to mark them , current standard is going to be four to five feet depending on whether a curb or gutter exists. Councilmember Longoria So , I just want to make sure , Kathy , the current plan had it in there and we are .. .it currently didn 't have it in and it was a recommendation by the Planning Commission and you just want some guidance on whether or not we want to add it or leave it out? Kathy Field That is correct. Mayor Lockwood I think the intent is good but the offset is obviously five foot wider streets , again , to keep that rural look the narrow streets calm traffic and slow it down so I don 't know if we would necessarily want to because as Carter said , we haven 't seen any neighborhoods with a marked bike path. If you had a wider road then maybe there is more room for bikes on there but how do you really delineate that? Carter Lucas If you keep the asphalt flush with the curb and gutter so that you could ride on the gutter pan and the road , you can include that in your designated bike lane too. Councilmember Hewitt I don 't think we need a designated bike lane . Councilmember Lusk I think it takes away from the residential areas . Carter Lucas The other option that is out there these days are the shared roads where you just mark shared lanes. You may have seen those in some locations. Roswell uses them quite frequently. And , it may roll into some further discussion with the Fire Marshal and his requirements for some of these road widths as we move forward with the evaluation of these codes. Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 11 of31 Councilmember Thurman I like the shared lane better than making all the roads 8-10 feet wider. Councilmember Hewitt So, just to clarify again, it is not in the one that was up for consideration. We would have to add that item ifwe wanted to. Kathy Field Let's see. Is it included Robyn? Robyn MacDonald It is highlighted in yellow and we can easily remove that part of it. It is not a big deal at all. Councilmember Mohrig So, as part of our motion we would have to request to remove that part? Councilmember Lusk Is this included in both of the agenda items-Deerfield and Crabapple? Motion and Vote: Councilmember Lusk made a motion to approve Agenda Item RZ15-02-Chapter 64, Article XX, Deerfield Form Based Code, to Amend the Standards and Increase the Geographical Area to include Areas Within the Highway 9 North Visioning Study as amended to eliminate any reference to adding bike lanes to interior streets and regarding the screening around radio and TV facilities to mandate that if opaque screening is included that opaque fences also be screened with in accordance with the recommendations by the city arborist. Councilmember Hewitt seconded the Motion. The motion passed unanimously (7 -0 ). 5. Consideration of RZ15-04-Chapter 64, Article VII, Division 5, State Route 9 Overlay District, to Amend the State Route 9 Overlay District Map. (Agenda Item No. 15-094) ORDINANCE NO. 15-04-241 (First Presentation at April 13 , 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Since we have amended the Deerfield Form Based Code to include that area north of Bethany Bend, we now need to amend the State Route 9 Overlay District Map. You have in front of you an area shown in purple and essentially that is what is left of the State Route 9 Overlay District Map after we have subtracted out the Route 9 North Form Based Code. Councilmember Mohrig Kathy , are we adding any parcels or are we subtracting? Kathleen Field It is subtracting out. ------------------------------o:s Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 12 of31 Councilmember Mohrig Everything that is on here in purple was already there but we are revising it to take out the Deerfield Form Based Code? Kathleen Field Exactly right. The purple shows what is left, so that is the new State Route 9 Overlay Zone. Councilmember Mohrig No changes in the Comprehensive Land Use Map or anything else? Kathleen Field No, it is just a clean-up because we have two overlying areas and we needed to separate them out. Councilmember Mohrig I think there was some confusion that some people were thinking we were changing the designation of what those parcels could be but that is not the case. Kathleen Field Not at all. Motion and Vote: Councilmember Longoria moved to approve Agenda Item 15-094. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 6. Consideration of RZlS-03-Chapter 64, Article XIX, Crabapple Form Based Code, to Amend and Add Standards Within the Code. (Agenda Item No. 15-095) ORDINANCE NO. 15-04-242 (First Presentation at April 13 , 2015 Regu lar City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Dir ector) Kathleen Field, Community Development Director The same items I discussed with you via the Planning Commission as well as the item dealing with the Radio and Television Stations Use Standards also apply to this amended Code and the same issues would be under discussion. Councilmember Kunz Basically if we want things in Deerfield and Crabapple to be exactly the same we have to make the same exact motion for this one as we did for the last one , right? Kathleen Field That is correct, sir. Robyn MacDonald, Zoning Manager Actually, in Crabapple we do not allow the radio stations, so you do not have to say anything about that. Regular Meeting of the Milton City Council Monday, April 27 , 2015 at 6 :00 pm Page 13 of31 -----------------------,------- Motion and Vote: Councilmember Lusk made a motion to approve Agenda Item RZ15-03-Chapter 64 , Article XIX , Crabapple Form Based Code, to Amend and Add Standards within the Code with the following amendment: there shall be no bike lanes required on interior streets. Councilmember Hewitt seconded the motion. The motion passed unanimousl y (7-0). 7. Consideration ofRZ15-05-Chapter 64 , Article XVII Development Standards , to Create Standards and Penalties for the Request of Demolition Permits within the City of Milton. (Agenda Item No. 15-096) (First Pres entation at April 13 , 20 15 Regu lar City Cou ncil Meeting) (Discussed at Ap r il 2 0, 2015 City Co uncil Work Session) (Kathleen Fi eld, Co mmunity Developm ent Director) Kathleen Field, Community Development Director Both the Planning Commission and the DRB asked the Staff to create criteria in which the DRB can evaluate all proposed buildings applying for a demolition permit. The proposed criteria are similar to the criteria for ev aluating demolition applications for historically designated structures. We did discuss this at the workshop and there was a request from Councilmember Mohrig that we do provide you all with a copy of the listing of the Georgia's Natural , Archaeological and Historic Resources Geographic Information System as it relates to the in ventory of historic structures within the city . We are having that inventory updated. There were over 1 00 structures on that list and it is being evaluated and you will have a report but unfortunately it will take over a week to do that , but it is underway. We are evaluating if the structure is still there and what condition is it in (good or poor structural condition). Councilmember Lusk Who is going to make the decision on whether it is structurally sound or not? Kathleen Field At this point, I have one of our code enforcement officers looking at these. He will come back with a preliminary inventory and then we will have the city 's architect follow up with those he has flagged because he is clearly not a building official , but as a code enforcement officer he sees a lot of poorly structured buildings . He will make the first round through and give us an inventory analysis and then I will send out the city architect or one of our building officials to follow up. Martin Littleton, 13215 Freemanville Road, Milton, Georgia 30004 I serve on the Design Review Board and am speaking on the Board 's behalf. I ask that the Mayor and Council would find in favor of this item. On behalf of the board, we obviously listened to a lot of presentations for these demolitions that came up before us with not having any ability to either deny someone that right or have anything to say except for going through the motion . I will tell you that most of the buildings we do see , the pictures of the buildings themselves , give us a clear good indication of the condition of the buildings. I had many builders at times ask why they are in front of us at all and that they really do not need our approval one way or another whether they are going to tear the building down, as well as , people who come to us after the fact when a bulldozer has gone through the middle of a building. I would like to ask for you to please allow us to have some teeth in supporting or not Re g ular Meeting of the Milton Ci ty Council Monday, April27, 2015 at 6 :00pm Page 14 of31 supporting the demolition of structures because we do take the time to look at each one and acknowledge if it is historic in nature or has any significance to our city what so ever. Thank you. Councilmember Lusk Kathy , I think we talked in a Work Session too , when you are updating this survey are we going to make people aware that they own a historic structure ? Kathleen Field We certainly can do that, sir. Perhaps that is step two , once we have a good inventory that we feel comfortable with , maybe that is something I can bring back to the Council for discussion and how we want to make the public as well as the landowners aware of the value of what they have. Councilmember Lusk I am wondering if developers are aware of the fact that they may have a structure that has been designated some historic significance and that they are on a list? Kathleen Field To date they have not , sir. Councilmember Lusk That seems very important to the whole process. Councilmember Kunz I struggle with this because we obviously have buildings we would like to preserve but we also have to look at the property rights of the owners that actually own these structures. We call it historical value without justly compensating the owner of the property , which makes it hard for me to vote for this . Mayor Lockwood Would you consider this a process to make sure people just do not rampantly tear things down but go through this process and to makes sure it is not a dead end process? Kathleen Field We have given authority to the DRB based on this ordinance to say yes or no with a set of criteria they would use to make that judgment. Now of course their decision is always appealable to you as the next appealable body. But there is authority given to them in terms of approving or disapproving for this whole ordinance. Mayor Lockwood To Matt 's point I see his perspective but I also see some kind of checks and balances with the system to be dealt with like any other permits we handle. With an appeal process I would feel more comfortable. Councilmember Lusk I am certainly in favor of preserving historic structures and sites. Certainly, Savannah, Charleston and other jurisdictions have designated historic significance on structures so there has to be some legal standing there. How does our code compare to other jurisdictions like those and can we really defend our ordinance if it does not have the same strength that some of the well-known jurisdictions have? ----------------·----- Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 15 of31 Kathleen Field The cities that you mentioned protect their buildings through their Historic District Commission which get their enabling legislation from the state. In order to have a HPC we review demolition permits. It first has to be designated as a local historic structure. In the city of Milton we only have two designated local historic structures that would be under the purview of the HPC for demolition permits and those two are: The Thomas Byrd House and the Chadwick Store. Aside from these two there are no other body in the city that reviews demolition permits and sense the DRB was already preforming courtesy reviews we felt that would be inappropriate responsibility for the DRB to take on. But the HPC can only do it if it is a local historic structure and has been designated so by the HPC. Councilmember Lusk From what I know right now, the chance of any other structures in the city being designated historic is probably slim to none. Chris Lagerbloom, City Manager That is a fair statement, Councilmember, because the council at this point only has two members appointed to each HPC. We need either the Council to appoint more members to the HPC so we can have a quorum of bodies so they can actually meet or we need to figure out if this is a matter of importance that we need to give power and authority to a board that is already reviewing these permits. Councilmember Mohrig Kathy , I appreciate your comments as far as updating the inventory. As far as landowner notification, I think that has to go hand in hand with identifying what we have out there then we need to let the current property owners that we have designated their property historic. Otherwise, people may just tear down a historic structure because they were never aware it was on this list. Mayor Lockwood I think that would be helpful. Councilmember Thurman I am a big proponent of incentivizing people to act in the behavior you want rather than forcing them to do so. I would like to see us look up a way for us to offer some tax incentive from the city to property owners to allow them to designate their property as historic( if deemed so) and forego demolishing any structures for a set time period . Mayor Lockwood Do we want to continue discussion on this and get some more information or do we want to make a motion? Councilmember Mohrig Can we approve this because we already have the process in place but then bring it up as another item that to discuss further what Karen and Bill mentioned? Or is it better protocol to hold off on everything? Chris Lagerbloom We are going to have to go struggle through this Historical Preservation Commission item whether we want to or not because with a commission appointed with only two members we might as well dissolve because they can accomplish just as much as a committee that doesn 't exist. This is going to come Re g ular Meeting of th e Milton City Council Monday, April27, 2015 at 6:00pm Page 16 of31 forward on the Work Session agenda next month and the council can direct me there what they want me to do with this going forward. Mayor Lockwood I would like to get things ironed out so I am in favor of deferring this. Councilmember Mohrig Kathy , how quickly do you think you would have that inventory ready for us to review, would it be by the Work Session? Kathleen Field That was my directive. I said mid-May so I think the timing would work perfectly. Chris Lagerbloom If you wanted to defer, the deferral would be to May 18 ,2015. Motion and Vote: Councilmember Lusk made a motion to defer RZ15-05 to the May 18 ,2015 Regularly Scheduled Council Meeting. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 8. Consideration of RZlS-06-Chapter 64-1609 , Swimming Pool , Private to Amend Standards for Neighborhood Swimming Pools. (Agenda Item No. 15-097) (First Pr es entation at April 13 , 2015 Regular City Co uncil Meetin g) (Discussed at April 2 0, 2015 City Co un cil Work S ess ion) (Kathleen Fi eld, Co mmunity Developm ent Director) Kathleen Field, Community Development Director This is a request to reduce the location of pools, pool equipment and decks from all adjoining interior property lines for neighborhood swimming pools. All of the requests for the reduction for 1 00 feet have been granted by the BZA. Let me just clarify the 1 00 feet would start from the end of the pool to the required buffer requirements. It really is 100 feet plus on the sides there is another 25 feet buffer to the actual lot line and in the rear it is 50 feet. So , it is 150 feet to the rear and 125 feet to the sides. The idea was to reduce the 100 feet to a lower amount. So we did a compromise . We are suggesting that it be 50 feet from the end of the pool to a setback, which would include a 25 feet undisturbed buffer and 10 feet setback. This would be on all sides . It is a reduction of 125 feet and 150 feet to the rear to 85 feet around the whole pool. That is what we are proposing. In addition there was an issue of the location of the community pool areas . It was recommended at the Work Session that the community pool areas be visible from internal subdivision streets and not necessaril y place the pool in the back of the subdivision. In addition, they agreed it was important to screen the pool from the exterior streets to preserve the rural viewshed. The proposed changes by the Council are highlighted in yellow. The Planning Commission at its March 25 ,2015 meeting recommended that the proposed amendments not be approved and therefore remain the same. This was based on their opinion that the 1 00 feet setback should be preserved to protect the adjacent property owners from noise , light and general activity related to a neighborhood swimming pool. In addition , the Planning Commission believed that placing neighborhood swimming pools within the subdivision contributes to more crime and vandalism of the Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 17 of31 amenity area since it would not be visible to the general public. You have the proposed changes from the Work Session are in yellow and the modifications that are being proposed are in red. We did find one error and that is in section 2b. It talks about pools, pool equipment and decks must be located at least 50 feet (we are proposing) from all adjoining interior lines and at least 50 feet (we are proposing) from all property lines that abut single family uses. Now we are using 50 feet , but it is open for discussion. This paragraph goes on to say: In addition, pools pool equipment and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located .... It should add the words "and buffers" after rights-of way. Councilmember Kunz So Kathy when we are talking about moving the pools to the interior part of the subdivision, how far in is interior? One lot removed , ten lots removed from the entrance of the street, what is it? I know why the Planning Commission said what they did about not wanting it moved to the interior because of the risk of vandalism on an interior pool , which my subdivision has seen, but I did not know if we were to move it on the exterior and provide screening how would that be? Kathleen Field The intent of the Planning Commission was they did not want it on the street because that was not a good use of the rural viewshed. We did talk about having it visible from the internal subdivision streets and not necessarily placing the pool in the back of the subdivision, but with that we did not actually define how much interior is interior. It was stated that it should be visible from the side street and screened from the front. Councilmember Thurman So it could actually be on an exterior street as long as it is screened from that exterior street and the entrance was interior to the subdivision? Kathleen Field That is what precipitated the conversation with the Planning Commission, because we do have an example of that and they did not think there was enough screening from the road. Their response was to push it further inward therefore the screening would not be an issue. And the rural viewshed issue would not come into play with this location. Chris Lagerbloom, City Manager I hate to jump in but I understand what Councilmember is asking there and I think the way I heard the desire of the ordinance to be is as long as the pool is accessible from an interior street and screened from the exterior street, that might not have met the "pure" spirit of what the Planning Commission was recommending but I believe that would be comply with what has been said. Councilmember Thurman So it has to have a 25 foot undisturbed buffer and 10 foot improvement setback along the exterior streets? Robyn MacDonald, Zoning Manager I know we exclude that buffer from the interior streets ... Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 18 of31 Councilmember Thurman If it is not excluded from the exterior street then it automatically will have to be required on the exterior streets? Robyn MacDonald It is from adjacent property , so that is a technical question if a right-of-way is an adjacent property ... Councilmember Thurman I think that needs to include the exterior streets. I know we exclude the interior streets but I want to make sure that is not excluding the exterior streets because that is part of our goal to screen it from the exterior streets. Robyn MacDonald We could say "provide adequate screening from adjacent properties , and exterior streets but excluding interior". Councilmember Kunz Is there a way we can say we would want to keep the 100 feet on the exterior streets but make it only 25 feet .... Chris Lagerbloom The only reason this is being brought up is because we have had six requests and the last six have requested variances to this code which all six have been granted. That was a sign to us that we might need to look at the standard because of it having to be varied every time ; there might be a problem with the code. There is no harm in leaving the code the way it was written. We were trying to anticipate a fix to what was starting to appear as a trend. If you would like to continue to have it be it a 100, 50 , 75 or just not change it all , there is not anything really driving this change other than our perceived trend based upon the current Board of Zoning Appeals recent actions. Mayor Lockwood Again by not doing anything , it can come back to the BZA or if you all want to think about it more, we can defer it or go ahead and make a decision tonight. Councilmember Kunz I am fine with declining this just to see what happens . If they continue to come with the same requests and let the BZA make the recommendations maybe then we could look at it in the future, but I am not sure this is something that has to be done tonight. Councilmember Longoria So we reduced the buffer's buffer, how did we come up with reducing it 50 feet? Kathleen Field We were not sure from the discussion of the workshop but we thought we had talked about it being 50 feet. Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 19 of31 Councilmember Longoria My point is we have given a variance to this six times apparently , if we rewrote the setback to be 50 feet with those six variances been necessary or would we have still had to give them a variance? My argument or worry is 50 feet is not enough. Robyn MacDonald From what Angela, who deals with the Board of Zoning Appeals , told us many of the times it could be reduced all the way down to 25 feet. It doesn 't mean that the 50 feet would accommodate all the requests but it tends to be a trend. Also, Council had asked for input from other jurisdictions: The City of Alpharetta-only requires a community pool to be the setbacks of the district, For example: AG-1 would require 25 feet sides and 50 feet rear. City of Johns Creek-remain with 100 feet. City of Sandy Springs-remain with 100 feet. Councilmember Longoria At Crooked Creek when we redid the amenities , the pool came into question. All subdivisions have community pools so they can have swim teams which means the pool needs to be an Olympic size pool and to put an Olympic size pool based on the way the setbacks and buffers are required , it is a big space. You do not have much room for anything but the pool. Even dropping it down to 50 feet is going to be tough. Councilmember Hewitt Are these six variances new or existing neighborhoods? Robyn MacDonald They have been new neighborhoods . Councilmember Hewitt We touched on this last time , if you go into a new neighborhood you are picking to live next to the pool but if you insert a pool into an existing neighborhood that is a whole different dynamic. Councilmember Thurman I like the idea of being screened from our exterior streets. So maybe we need the 50 feet plus the screening from the exterior streets and loosen it up on the interior streets. But I do believe we should preserve the rural viewshed and hope the BZA will understand why the law is the way it is. Councilmember Longoria Are you saying require the buffer on the exterior street side and maybe lessen on the interior streets? Councilmember Thurman Yes. Councilmember Mohrig I think we were looking at how to preserve the rural viewshed at the work shop. Kathleen Field If the Council would like , we could certainly take this back and work on something that deals more with the setback as it relates to exterior streets , if that is the route you would like to go? From what I am Regular Meetin g of th e Milton City Council Monday, April27, 2015 at 6:00pm Page 20 of31 hearing , you are really concerned about the setback at the exterior streets , which is something we can address. Councilmember Mohrig Maybe along with that, we need to define what the setbacks are so we have more of a standard instead of BZA having to make exceptions all the time. Our ordinance should be an ordinance we believe in and we do not have to keep making variances every time someone wants to build. Councilmember Hewitt Along the lines of the setback and or buffer, we want to look at it being more of an undisturbed buffer where you are not seeing a planted buffer to help shield the viewshed in a natural way. Kathleen Field Do you have any sense on how much of that undisturbed buffer you would like to see for the pool? Councilmember Hewitt I don 't. I just don't want it a row of Leyland cypress trees going away from a rural viewshed. Chris Lagerbloom I will ask you then, based on the way things are going tonight , if you would deny this item and let us bring it back at another session. Motion and Vote: Councilmember Longoria made a motion to deny RZ15-06 . Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 9. Consideration ofRZlS-07-Chapter 64 , Article VI , Division 2 , AG-1 District to Amend the Permitted Uses to Include Equine Garment Fabrication. (Agenda Item No.lS-098) ORDINANCE NO. 15-04-243 First Pr esentation at April 13 , 2015 Regular City Co uncil Mee ting) (Discussed at April 2 0, 2 015 City Co un cil Work Sess ion) (Kathleen Fi eld, Co mmunity Dev elopment Director) Kathleen Field, Community Development Director Mr. Mayor, with your concurrence, I would like to talk about the next three zoning items RZlS-07, RZlS-08, RZlS-09 as a group. The all apply to the issue of the equine use. RZlS-07-Text Amendment to amend the permitted uses to include Equine Garment Fabrication and associated development standards. Staff has also included equine garment fabrication within the approved uses in the AG-1 district and included a maximum size (2 ,000 square feet) for the building utilized for fabrication. Therefore we are proposing to allow this use by right in the AG-1 zone but with the limit of 2 ,000 square feet. RZlS-08-Text Amendment to delete the "Equine Garment Fabrication" Use Permit. lfRZlS-07 is approved where it is a use allowed by right then there is no need for this Use Permit related to Equine Garment Fabrication. And RZlS-08 proposes to delete that use permit. Regular Meeting of the Milton City Council Monday, April27, 2015 at 6 :00pm Page 21 of31 RZlS-09-Text Amendment to create a definition for "Equine Garment Fabrication" Currently , there is not a definition for "equine garment fabrication ", therefore Staff has included a new definition for it. And, with that, I am prepared to take any questions. Councilmember Thurman My only question is , this would be allowed by right for 2 ,000 square feet. What would happen if somebody wanted a 3,000 square foot facility and there was no use permit for it? Do we need to keep the use permit for something that is above the 2 ,000 square feet if anyone ever needed it? Kathy Field Robyn , do you want to respond to that? Robyn MacDonald One could ask for a variance to that requirement. Councilmember Thurman So , they would have to ask for a variance. Robyn MacDonald And, it would go to the Board of Zoning Appeals. Or, you could keep the use , I guess that is a good point, you could keep the use permit, I guess . Councilmember Thurman And , then it would come to us ; the use permit would just be for structures greater than 2 ,000 square feet. Robyn MacDonald We may have to tweak some language to refer to that. Councilmember Kunz And , that is kind of my question, obviously you have some barns that may be very large but they are areas for retail space may be less than 2 ,000 square feet within the bam. Therefore, I am wondering if the 2,000 square feet related only to the retail aspect of it or the entire structure in and of itself? Robyn MacDonald We have it so it is for the entire structure so provided buildings do not exceed 2 ,000 square feet in size and outside storage complies with another section. Councilmember Thurman It sounds like we may need to keep the use permit and just tweak it then. Councilmember Kunz I think most of these people would be selling if they had it out of their barns and those barns are far larger than 2 ,000 square feet for the most part. I'm thinking of riding arenas and things like that. I'm just wondering if the 2 ,000 square feet might be more appropriate as an interior floor space. ---··-----------------~ Regular Meeting of the Milton City Council Monday, April 27 , 2015 at 6 :00 pm Page 22 of31 Councilmember Hewitt I think it should remain 2,000 square feet overall so we can keep control over it ; the overall structure 2,000 for the use permit. If it is above that or if it doesn 't meet the 2,000 then it comes to the council and the full process for a use permit. Councilmember Lusk Remind me now the discussion we had during our work session , what generated this whole issue? I haven 't seen from our Economic Development Department that there has been a flurry of applications for this business. City Manager Lagerbloom You are right and this is one , you know , one of the things that we get to do sometimes in our line of work is find those stories that all of a sudden unfold and you really go , gosh, how can we be in the problem solving business versus the other business. I will draw your attention to an event that occurred in North Milton with a very well established and well-loved community member who had been operating as a tack builder for years and years who had a very tragic fire at his location. As he came back in to start and do again what he had been doing in this community for decades , we recognized that probably back in about 1964 , he should have pursued some type of a rezoning request with Fulton County and never did . We were not going to be able to issue business licenses to reopen this tack store that existed for some time unless we worked at figuring out what a solution might be to allow that type of a use because it is consistent with Milton 's mission and vision to allow that type of use to be acceptable ; which is why we put some pretty strict and strenuous controls on this particular use of what we brought forward by way of square footage. Those buildings are being rebuilt now after the fire on the property ; the y are being rebuilt as accessory structures which are totally permitted within the code . If the council were to find that the y didn 't believe that equine garment fabrication was appropriate in the community of Milton at this level of magnitude and denied these things , then those buildings would have continued to be built as accessory structures and that store would not receive a business license to open back up. I think that the vision of the council and direction of the council and the direction of the community and the outpouring of support came for that particular business after the tragedy that it suffered caused us to say , "Let's be problem solvers and look at what it takes to put this type of appropriate use into the community of Milton." And , whether it happens just this one time or other times , these seem to be the t ypes of businesses that we would want out there in the community. That is what started these three items. Councilmember Lusk I am full y aware of that incident out there and I certainly support his reconstruction of his facility and his business. I agree that it is compatible with our vision and mission statement out there too. I don 't see a flurry of applications for this type of use. I think it is full y appropriate to cover it here and allow that use in our code . I don 't think we are going to be overwhelmed with these types of facilities out here so I don 't see an y problem with what you have drafted here in these three ordinances. Councilmember Kunz I think that this is a great first step . Obviously , we have an equestrian community in our area that we want to preserve in my mind and we would like to see them doing anything they can to promote that as far as the selling of their saddles , halters , and all ofthat. I do , though, think that what will happen is that hopefully , we will get some more people in our community that would sell it but , unfortunately , I think ...., _________________________ --- Re g ular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 23 of31 they will be selling it out of a barn with less retail space than the gentleman that lost his deal. But, those people still have to come in for a use permit because the barn structure in and of itself will be much larger than what the 2 ,000 square feet is. So , I do think that will happen but this is a great first step and I hope for the best. Councilmember Thurman If we just denied the use permit, the deletion of the use permit, so the use permit was still there, if people didn 't get something by right then the y could just go through with the use permit and if they wanted to have it in their barn then the y would come and get a use permit as they always have. Kathy Field Yes , we would probably have to amend the current use permit to create some criteria for larger buildings for you to make a judgment on. Councilmember Thurman But, we can go ahead and do the first and third and just defer the middle one until we could ... Kathy Field If you so wish. Motion and Vote: Councilmember Longoria made a motion to appro ve RZ 15-07. Councilmember Hewitt seconded the motion. The motion passed unanimousl y (7-0). 10. Consideration of RZlS-08-Section 64-1811 , To Delete the "Equine Garment Fabrication" Use Permit. (Agenda Item No. 15-099) (Firs t Presentation at April 13 , 2 015 Regular City Co un cil Mee t ing) (Discussed at April 20, 2 015 City Cou n cil Wo rk Sess ion) (Kathleen Field, Co mmunity Development Director) Councilmember Kunz To reiterate my earlier point, like Shannondale Farms , for example , or Jeff Runner 's barn for that matter, they would need to have a use permit on this space to be able to sell the retail outlet if they were in the barn it would be less than 2 ,000 square feet and that is just the point I wanted to make so but anyway , go ahead. Councilmember Thurman In making your motion, could you make it like for 60 days out because I won 't be here. Councilmember Longoria I was just going to say, "At a future date as determined by staff." Councilmember Thurman To defer it , I think we have to have a date to defer it , don 't we. Re g ular Meetin g of th e Milton C ity Counc il Monday, April 27 , 2015 at 6 :00pm Page 24 of31 City Manager Lagerbloom Let 's go June 15th. Motion and Vote: Councilmember Longoria made a motion to defer RZ15-08 to the June 15 ,2015 Regularly Scheduled Council Meeting. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 11. Consideration of RZ15-09 -Section 64-1, Definitions. To Create a Definition for "Equine Garment Fabrication". (Agenda Item No. 15-100) ORDINANCE NO. 15-04-244 (Fir st Presentat io n at April13, 2 01 5 Regular City Cou ncil Mee tin g) (Discussed at April 2 0, 2 01 5 City Co uncil Wo rk S ession) (Kathleen Field, Co mmunity Dev elopm ent Direct or) Motion and Vote: Councilmember Longoria made a motion to approve RZ 15-09. Councilmember Mohrig seconded the motion. The motion passed unanimousl y (7-0). End of verbatim transcription UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Appendix A , Parks and Recreation Fees and Other Charges, Chapter 34 , Section 24 of the Milton City Code . (Agenda Item No. 15-102) ORDINANCE NO. 15-04-245 (First Presenta tio n at Apri/13, 2015 Regu lar City Cou ncil Mee ting) (Jim Cregge, Dir ec tor of Parks & Recreation) Jim Cregge, Director of Parks and Recreation This is simply a modification to the existing Appendix A in which we established the fees that we use for rental facilities. As you know, we have the Broadwell Pavilion which is completed and is an extremely desirable place for citizens to gather. We have received several applications from citizens who want to use it. We have established a fee of $1 00 for a four hour rental. We also added a refundable deposit so the facility will be taken care of. We are asking for your approval of this new fee structure. Councilmember Thurman Why is the deposit $500 for the Broadwell Pavillion and only $50 for the Bethwell Community Center? ~-------------------------------------------------- Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 25 of31 Jim Cregge The $500 deposit for the Broadwell Pavilion came from recognition that the c.ity's deductible insurance is $1000. We are only holding a credit card number; not actually receiving the $500. As far as the Bethwell Community Center, that decision pre-dates my employment with the city and I have never been asked to look at changing that fee amount. City Manager Lagerbloom We can look at that. Some of our rationale in holding a larger deposit for the newer facility is that it is newer and that there is more opportunity; there is a fireplace and a place for future grill use. There are potential risks that exists at that location versus the Beth well Center. The Bethwell Center is 1,000 square feet of cinder block which is different than the $500 ,000 big bold timber pavilion that was just constructed. We are just holding the deposit in the event that there is damage and we would need to file a claim. Mayor Lockwood What process would someone have to go through to obtain a permit to serve alcohol at the Broadwell Pavilion? Stacey Inglis, Assistant City Manager There is an application process. It includes a background check and a fee of $50. City Manager Lagerbloom I just went through that process for a birthday party that was held there recently. There are five criteria that we have to weigh and the person has to be of good character which will be determined through the background check. Councilmember Hewitt How is it publicized that the Broadwell Pavilion is being used for a private event so that someone cannot just decided to have a picnic there since it is an open air facility? Could we put up some type of message board to indicate that a private event is being held? Jim Cregge I will get with Kathy Field and see what we can come up with. Councilmember Kunz Do Alpharetta residents pay the same fee as Milton residents? Jim Cregge Yes. Motion and Vote: Councilmember Hewitt made a motion to approve Agenda Item No. 15-102. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Re g ular Meeting of the Milton Ci ty Coun c il Monday, April 2 7, 2015 at 6 :00pm Page 26 of31 NEW BUSINESS 1. Consideration of a General Release and Settlement of Claims between the City of Milton, Georgia ("Milton"), and Thomas and Judy Barts, Marsha Boston, Fiona Lodge , Lee Davis, and Shewjen Davis ("Property owners"), pursuant to the City 's payment of $10 ,000 to the Property owners in order to remediate an alleged runoff/sedimentation issue at 235 , 245 , 255 , and 265 Thompson Springs Drive , Milton, Georgia, and for Milton and all of its officers , agents, and employees to otherwise receive a complete and final release related to same . (Agenda Item No. 15-112) (Ken Jarrard, City Att orn ey) Chris Lagerbloom, City Manager In order to understand what we are asking you to approve tonight, I want to give you a little background regarding this situation. Since last year, Councilmember Lusk and I have been working with some property owners who live adjacent to our Bell Memorial Park property. As you know, we have certainly had our fair share of rain during the past year. We do not believe that there was any negligence on behalf of the city, however, something came out of one of our detention ponds and released downstream and settled into a farm pond that is located between these four houses. We researched several solutions to resolve the problem and engaged in various discussions with the owners about how to remedy the situation. However, the property owners felt that they had a better solution than ours so , therefore , we worked with our city attorney to resolve the situation v ia a settlement amount to each property owner so that they can remedy the situation as they see fit. Motion and Vote: Councilmember Lusk made a motion to approve Agenda Item No. 15-112. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS Councilmember Kunz The new Milton Library will be open by June 15 th. City Manager Lagerbloom As of this morning the 911 Public Radio System is up and running . Also , it looks like we will close on Providence Park this week. 1. Discussion on Selection of Exterior of City Hall (Final Elevation). (C hris Lagerbloo m, City Ma n ager) Councilmember Lusk We established our mission statement and vision statement eight years ago and one of the key points of it was to preserve the rural character of Milton and the surrounding area. There are four different structures represented. We tried to maintain the punched opening appearance allowing for the most natural light as possible. We have also incorporated metal roofs which was typical of roofs 100-130 years ago. The interior of the Community Building will be typical of an old farmhouse. The new City 1'---------------------------------- Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 27 of31 Hall will certainly be a very aesthetically appealing structure that will greatly enhance the Crabapple Community. We can all be very proud of these buildings now and for generations to come. CHAMBER SIDE ElEVA TI ON tloUI 04 /17/2015 ...... ~-•(;.ooo,,, _.._, __ "'·-"'"'·'"-..... A T>"' .. ,,,.,_, _,,....,,.<,.,. STREET SlOE ELEVAT I ON PARKING SIDE ElEVATION ELEVATION DESIGN STUDIES MILTON CITY HALL Milton , Gtorgia ,... •• COOPER CARRY Regular Meet" Monday A ~g of the Milton c Page 28 'of j~l 27' 2015 at 6:00 ~% Cound I \ ) \___ Re g ular Meeting of the Milton City Council Monday, April27, 2015 at 6 :00pm Page 29 of 3 1 Architectural renderi ng of M IHon City Ha ll depleting desi gn elements drawn from local historic structures TYPICAl. MILTON BARN vertical siding I metal roof typical opening configuration ST AFF REPORTS Department U pdates 1. Fire 2. Finance 3. Information Technology 4 . Human Resources 5. Communication C ITY COUNC IL CHAMBERS MILTON COUNTY COURTHOUSE tall , narrow, divided-light w indows in punched openings flem is h bond brick cours ing deep fr ieze boards with brackets met a l hip roof 1 second-floor balcony C. 1820'S-ERA GEORGIA HOME lap siding I wide window casements white detailing I brick chimney COMMUNITY BU ILDING INTERIOR typica l wide-plank interior w a ns . floors and ceilngs I wood fra ming F ire Department -Bob E d gar, F ire C hief Thank you for your support of the new Radio System. It is comforting to know that our public safety departments have a reliable radio communication tool. I have provided the stats for our department. If you have any questions , I will be happy to answer them. We had three structure fires during March. They were residential fires. One was a total loss and the other two were moderate damage. We are working with the insurance companies regarding the investigation of those fires. We have two days left for the MDA Boot Drive and we have raised over $52 ,000 so far. We are well on our way to either ----------------------------------------------- Reg ular Meeting of the Milton City Council Monday, April27, 2 015 at 6:00pm Page 30 of3l reaching last year 's amount or exceeding it. We started our hydro-maintenance program in March and will finish at the end of this month. We have approximately 2 ,400 fire hydrants in the city. We have touched over 2 ,000 of those so far . We have done flow testing and residual and static pressure tests and painted the hydrants as well. We were invited to the Georgia Public Safety Training Center last month. The city 's Public Education Program has reached a level that we are now being recognized by the state fire marshal 's office. We were asked to bring our Public Safety firehouse down there and set up our program and demonstrate it to all the fire marshals and other training executives throughout the state. It was a big hit and we were very proud. We are working on the specs for our new ladder truck. We have an apparatus committee that is putting that together. We will bring that information to you for approval in the new future. The Lucas Automatic CPR Device is an automatic CPR Device that hooks up to a patient instead of a person performing CPR. The device is battery operated. We put it on our Rescue 42 Truck in mid-March; two weeks later we had our first field save with that device. CPR is very fatiguing and this device is perfect CPR all the time. The tornado sirens that were activated on April 20th were successful. Finance Department -Stacey Inglis, Assistant City Manager I wanted to talk to you tonight about Open Gov . It is a transparent financial model reporting tool that we are going to put on our website. This tool will answer questions about where the money is coming from and where it is going. There are several cities in Georgia that are beginning to use this tool such as Alpharetta and Dunwoody. It is being used all over California as well. This is an amazing tool that can be manipulated in many different ways to gain information about the finances of the city. In addition, we recei ved a clean opinion issued by our auditors . He will present the audit report to you in May. There were two very minor findings that we recognized were important to correct and begin moving forward with the appropriate procedures in the future . Information Technology-David Frizzell, IT Manager The last time I gave you an update on the IT Department, we discussed setting up an outside vendor to implement Cloud-based technolog y. As of the end ofNovember 2014 , the program was implemented and has been up and running since then. VC3 began supporting the city 's IT requests and they are receiving an av erage of 100 support' requests per month. They normally expect to receive 2-3 tickets per day and they are receiving 3-4 tickets per day . Innovation and Engagement-Jason Wright, Director Our Face book page reach is somewhere in the 10 ,000 range per week. Thanks to Angela and Courtney we have reall y been able to push out our social media much more rapidly. They have done a fantastic job. I also want to thank Councilmember Thurman for the "I love Milton because ... " t-shirt idea. It has allowed us to reach a younger market and tap into their enthusiasm for living in Milton. I have been actively working on our new website . One of the things I really like about it is that it is incredibly easy to use . It has a user dashboard built into the front page so that is all you really need . We are also working on the ICMA tool for internal statistics. We are hoping to launch the new website on May ih. We are changing providers. We are moving from Constant Contact to a company based in Atlanta called Mail Champ. Human Resources -Sam Trager, Director Our average employee has been with us for a little over five years. So far this year , we have not had any turnover. However, since the report in front of you was generated , we have received two resignations. Our stability rate is around 95%. We have 137 authorized budgeted full-time positions. 135 ofthose positions are filled. Our average salary is about $57 ,000 per emplo yee. In the past, we have paid health Regular Meeting of the Milton City Council Monday, April27, 2015 at 6:00pm Page 31 of31 insurance premiums of $1.2 million. Our total claims are just over $1.1 million that goes against the premium amount. So , our loss ratio is about 89%. We would like to get that to about 85% which will keep our renewal consistent. As you can see , the cause of this higher percentage is due to five employees who have dependents who have had claims of over $25 ,000. Those five employees have accounted for $403 ,000 worth of claims or 36% of our total claims. Those cases are being actively managed by Blue Cross and Blue Shield to try and keep those costs down. EXECUTIVE SESSION (if needed) ADJOURNMENT (Agenda Item No. 15-113) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 9:09 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). Date Approved: May 18 ,2015