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HomeMy WebLinkAboutMinutes CC - 05/18/2015 - MINS 05 18 15 REG (Migrated from Optiview)----------------------------------------------------·- Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page 1 of 19 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 May 18, 2015 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Rev. Dr. Brent Ward , Senior Pastor at Birmingham United Methodist Church, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Mohrig. Councilmembers Absent: Councilmember Thurman and Councilmember Longoria. Mayor Joe Lockwood called the meeting to order. PLEDGE OF ALLEGIANCE (Led by Mayor J oe Lo ckwood) APPROVAL OF MEETING AGENDA (Agenda Item No.15-132) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman and Councilmember Longoria were absent from the meeting. PUBLIC COMMENT CONSENT AGENDA 1. Approval ofthe April27, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-133) (Sudie Gordon, City Clerk) Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6 :00 pm Page 2 of 19 2. Approval ofthe Financial Statements for the Period Ending April , 2015. (Agenda Item No. 15-134) (Stacey In glis, Assistant City Mana ger) 3. Approval of a Professional Services Agreement between the City of Milton and Peoples & Quigley, Inc. to Provide Professional Engineering Services for the Design ofthe Fire Station #42 Septic Field Replacement. (Agenda Item No. 15-135) (Carter Lu cas, Assistant C ity Mana ger) 4. Approval of a Professional Services Agreement between the City of Milton and SiteMed North America, LLC for Firefighter and Police Officer Wellness Physicals. (Agenda Item No. 15-136) (Rob ert Edg ar, Fir e Chief) 5. Approval of a Construction Services Agreement between the City of Milton and Gibson Landscape Services , LLC for Tree Installation at the Thomas Byrd, Sr. Center. (Agenda Item No. 15-137) (Carter Lu cas, Assistant City Manag er) 6. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc . for Geotechnical Work on the City Hall Site. (Agenda Item No. 15-138) (C arter Lu cas, Ass istant City Mana ger) 7. Approval ofthe Acquisition of0.063 AC ofRight of Way and 0.088 AC of Construction and Maintenance Easement at 12775 Birmingham Highway from Fulton County Board of Education for a Combined Purchase Price of $55 ,500. (Agenda Item No. 15-139) (C arter Lu cas, Ass is tant City Mana ger) 8. Approval of a Change Order between the City of Milton and BM&K, P.C. to Provide SR 372 (Crabapple Rd/Birmingham Hwy) Intersection Improvement Right of Way Services. (Agenda Item No. 15-140) (Cart er Lucas, Assistant City Mana ger) 9. Approval of a Construction Services Agreement between the City of Milton and Bartow Paving Company, Inc. for New Providence Road Stormwater Improvement Project. (Agenda Item No. 15-141) (Carter Lu cas, Assistant City Manager) 10. Approval of an Agreement between the City of Milton and Special Events Network, LLC for the Movies at the "Flicks & Food Trucks " Summer Event Series on June 6 , July 11 , and August 1, 2015. (Agenda Item No. 15-142) (Co urtney Spriggs, Public Outreach Coo rdinator) 11. Approval of a Change Order to the Professional Services Agreement between the City of Milton and Town Planning & Design LLC to Develop a Conservation Subdivision Ordinance. (Agenda Item No. 15-143) (Kathleen Fi eld, Co mmunity Developm ent Dir ec tor) Regular Meeting of the Milton City Council Monday, May 18, 2015 at 6:00 pm Page 3 of 19 12. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Re-Sodding of Three Rectangular Athletic Fields. (Agenda Item No. 15-144) (Jim Cregge, Parks and Recrea tion Director) 13. Approval of the First Amendment to the Agreement for Outside Providers between the City of Milton and Newtown Recreation , Inc. (Agenda Item No. 15-145) (Jim Cregge, Parks and Recreation Director) 14. Approval of the following Subdivision Plats: Name of Development Action Comments Minor Subdivision Sharon Danville Plat Create 3 lots Minor Subdivision R Venture, LLC Plat Create 2 lots Ronnie Glen Smith & Debra Dookeran Min or Subdivision Combine lots 2 & 3 and Plat remove property line Liverato-McDonell Subdivision Minor Subdivision Revised Survey of lots 1 A, Plat Revision 1B &2 The Manor Enclave -Phase I Final Plat Create lots 1-7 and 45-49 Deerfield Green -Phase IV Final Plat Revise lots 102-11 0 and Revision eliminate lot 360 (Agenda Item No. 15-146) (Kathleen Field, Community Developm en t Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman and Councilmember Longoria were absent from the meeting. REPORTS AND PRESENTATIONS 1. Proclamation Honoring Cambridge and Milton Students who Chose to Serve their Country in a Military Career. (Presented by Councilmember Bill Lusk) 2. Proclamation Recognizing Memorial Day. (Presented by Councilmember Bill Lusk) 3. Proclamation Recognizing National Public Works Week. (Presented by Mayor Joe Lo ckwood) Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page 4 of 19 4. Proclamation Remembering Peace Officers ' Memorial Day and Its Origin in Georgia. (Presented by Mayor Jo e Lockwood) 5. Presentation ofthe City of Milton FY 2014 Annual Audit. (Pr ese nted by Adam M. Fraley, C PA & Tim Lyons, CPA , Mauldin & J enkins, LL C) FIRST PRESENTATION 1. Consideration of Revisions to Milton City Code, Chapter 22, Fire Prevention and Protection. (Agenda Item No. 15-147) (Discuss ed at May 11 , 20 15 Council Work Session) (Matt Marietta , Fire Marshal) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Item. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman and Councilmember Longoria were absent from the meeting. PUBLIC HEARING (None) Zoning is transcribed verbatim ZONING AGENDA 1. 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. ORDINANCE NO. 15-05-246 (Agenda Item No. 15-096) (First Pr esentation at April 13 , 2015 Regular City Council Meeting) (Dis cuss ed at April20, 2015 City Co un cil Work Session) (Deferred at April 2 7, 20 15 Regu lar City Cou ncil Meeting) (Kat hleen Field, Community Developm ent Director) Kathleen Field, Community Development Director Thank you Mr. Mayor and members of the City Council. The proposed text amendment was created based on the need to give more teeth to the demolition permit review process by the Design Review Board. As the zoning ordinance currently exists, the only requirement is for all buildings that apply for a demolition permit, that they shall be reviewed by the City of Milton Design Review Board. And, unless a structure has been designated an historic building by the City of Milton Historic Preservation Commission, any building can be demolished. Both the Planning Commission and the Design Review Board asked staff to create criteria in which the Design Review Board can evaluate all proposed buildings applying for a demolition permit. The proposed criteria are similar to the criteria for evaluating demolition applications for historically designated structures. The Planning Commission at its March 25 , 2015 meeting recommended approval of the proposed standards and penalties for the request of demolition permits with the following additions. Those additions are outlined in yellow on Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page 5 of 19 your proposed text amendment that is before you. I am happy to answer any questions on this item, Mr. Mayor. Mayor Lockwood Does anybody have any questions for Kathy on this? Sudie, do we have any public comment on this? City Clerk Gordon We do not. Mayor Lockwood I will close the hearing then if there is no public comment but continue to be open for any questions. Okay , if we don 't have any questions at this point is anybody thinking about a question? Okay , thank you Kathy. I will now open it up for a motion. Councilmember Hewitt I will make a motion to approve agenda item number 15-096. Councilmember Mohrig Second. Mayor Lockwood Okay , I have a motion for approval from Councilmember Hewitt and second from Councilmember Mohrig. Any discussion? Hearing none .... Councilmember Kunz Mayor, I don 't know if I can approve that motion. Our Historic Preservation Commission can't meet with a quorum right now. I don't want to pass legislation onto another body in order to achieve an objective. I think we need a Historic Preservation Society in order to do it. I don 't think there is any recompense to property owners if we decide that a structure is historic and they need to demolish it for whatever reason so in my mind I think it constitutes a little bit of a taking and I just can't vote for it. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-096. Councilmember Mohrig seconded the motion. The motion passed ( 4-1 ). Councilmember Kunz was in opposition. Councilmember Thurman and Councilmember Longoria were absent from the meeting . 2. Consideration of RZ15-10-To Amend Article VII , Division 6, Section 64-1141-Single Family Uses as it Relates to Lot Coverage. ORDINANCE NO. 15-05-247 (Agenda Item No. 15-123) (First Presentation at May 4, 2015 Regular City Council Mee tin g) (Discuss ed at May 11 , 2015 Work Session) (Kathleen Field, Community Developm ent Director) Kathleen Field, Community Development Director Thank you. The Mayor and City Council requested that staff initiate a text amendment that would provide limited flexibility to the current maximum 20% lot coverage for single family residences within the Rural Milton Overlay District. After discussions with the city attorney , staff has proposed to ... --------------------------~------------------- Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page 6 of 19 increase the maximum lot coverage from 20% to 25% rather than having the Community Development Director administratively increase the lot coverage as was previously discussed. Staff also has proposed to include only the AG-1 , R-1, R-2, and CUP zoning districts within the Rural Overlay District and exclude properties within the Birmingham Overlay District except properties zoned AG-1. At the April 22 , 2015 Planning Commission meeting, the Planning Commission voted unanimously 6-0 to deny the proposed text amendment. Based on their opinion, the current 20% lot coverage remains. The Planning Commission stated that this amendment is targeted for only a few situations and property owners should build the appropriate sized house on the associated lot. I am open for any questions. Mayor Lockwood Any questions for Kathy right now? If not , I will open it up if we have any public comment. City Clerk Gordon We do have three public comments in support. PUBLIC COMMENT Ken Khoury, 1010 Glen Mill Court, Milton, Georgia 30004 My name is Ken Khoury. I live at 1010 Glen Mill Court in Milton, Georgia. I want to thank Mayor Lockwood and the council for allowing me to address this meeting. I am here to speak in favor of this proposal. I respect the unique character of Milton and that is the reason why my wife and I moved to Milton. It is the reason why we are building a retirement home here for ourselves. But, I also recognize that you have to strike a balance between certain interests in a restriction like this. And, I know this is not about a specific incident or a specific case; it is about a policy. So , I apologize for using an example that is particular. If you imagine an acre property zoned AG-1 and you take the very generous set back requirements , you put in the requirement for a septic field , throw in height limitations, you throw in topography issues , you throw in oddities of the plot itself and trying to stay within this 20% restriction is very challenging. I think several members of this council have made suggestions at other meetings about ways that maybe this could be softened a little bit. I think Councilwoman Thurman asked if maybe other towns should be looked at. I've looked at some of the other towns and I have been unable to find any town in our area that has a 20% coverage ratio. Alpharetta and Roswell are 25% at the highest sized lots. I think Councilwoman Thurman also asked if maybe certain parts of the structure should be excluded from the coverage ratio ; like pools, decks , patios, and again , Alpharetta, right next door, excludes those structures and only basis the coverage ratio on the actual principal building. I think that applying a strict 20% rule across the board has a lot of unintended consequences. It does not allow enough flexibility and I think in the end it discourages the attraction of high value homes and the taxes that come with those. So, I respectfully ask that you vote in favor of this proposal. Thank you. Barry Segars, 13940 Haystack Lane, Milton, Georgia 30004 I am Barry Segars. I am the developer of the Hayfield subdivision and live there. I am a lifelong resident of Milton. I am in favor of the greater lot coverage. In my opinion, as Ken summarized , sometimes in developments there are some extenuating issues such as topography. The nature of our development is zoned AG-1 , the setbacks , the septic requirements , and again , the intent to create high value homes for the benefit of the community was our intent with this development neighborhood. So , in my opinion, the 20% requirement is a bit stringent. I am in favor of the 25%, but I am also in favor of some restriction so beyond that point, I would like for you to respectfully consider the 25% issue. Thank you . Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6 :00 pm Page 7 of 19 Lee Duncan, 515 Rivercrest Court, Sandy Springs, Georgia 30328 I represent the Manor Golf and Country Club. We have two members of the board here tonight. Jerry Wier , Vice President of the Manor HOA and Ed Dunbar, head of the Atlanta Architectural Review Board . In many cases , we feel that what has been provided is an extremely suitable standard for most areas within the legal description of the overlay. However , certain details have surfaced that present challenges for the applicant , staff, and consultants associated with the building application process. In most cases , what has been found in an attempt to apply standards called for in the overlay, were either very difficult to try to acquire or simply imposed an unnecessary hardship. However, due to the dedicated effort of your staff, accommodations have been made at a great expense of time and energy and we think we can provide the City of Milton with a much better approach. I would respectfully submit to you that beyond the modifications submitted in this submittal much more can be done and should be done. Can we just have simply two weeks to work with your staff to provide you with a meaningful approach working with people such as Ken and Barry that would properly align the required standards of the overlay and existing design standards for communities in the overlay? I think that what we can provide you with is a much better approach. It is not going to be something that tries to cover all angles with one ordinance here. There is a multitude of designs that are being proposed in the City of Milton. All of them are very desirable in many cases. And , I think that the accommodations should be considered that would allow more of those designs to go forward. And , in the case of the Manor you have an existing homeowner 's association with an architectural review board with extremely strict design standards that actually covers more than what you are asking for in this overlay. As opposed to just looking at height or lot coverage , the design standards cover architectural designs , landscape designs , hardscape designs , the siding of the homes , and the siding of any accessory facilities. It is a comprehensive holistic approach that we feel has proven itself, from the ten years that the Manor has been in existence , to be extremely popular and enforceable and a very good neighbor in the City of Milton. I think there are other communities that can also provide a similar approach. What I am suggesting to you is to allow a period of time to have these communities spend a period of time with your staff. And , I think that we can provide you with a much better approach and a much more sensible application for this overlay. In addition, I want to commend you for the atmosphere you set for Memorial Day. Bill , I know you spend a lot oftime and thank you very much. Mayor Lockwood Okay. Do we have any more public comment ? City Clerk Gordon That is all , sir. Mayor Lockwood Okay . Then I am going to close the public hearing . I have a question. Kathy, on this specific item as it pertains to lot coverage , prior, we did not have any specific percentage in our ordinance, did we? Kathy Field It is currently at 20% and the original request was to give me as the Community Development Director some flexibility in terms of increasing it up to 25%. Having talked to our attorneys , they felt it was too hard to lay out what that criteria would be so they prefer that we have a set amount so we assumed it would be 25% so that is where we got that from. Regular Meeting of the Milton City Council Monday, May 18 , 20 15 at 6:00 pm Page 8 of 19 Mayor Lockwood My question going back to at the point before we had our overlay at 20%, before that , was there an y limit on size or was it basically just setbacks ? Kathy Field Robyn , can you respond to that? Robyn MacDonald No , nothing specific. Mayor Lockwood Has staff looked at other cities around us and do the y have a 20 % or not? Robyn MacDonald Most of the information we gathered was from other jurisdictions , not necessarily close to us but other people who had more agricultural type situations . We are kind of unique in that we do have more open space and land so I tried to make the comparative to something similar versus something like Roswell or Alpharetta. Councilmember Lusk I think Mr. Duncan brings up some good points as does Mr. Khoury and Mr. Segars. Often times when we are considering changes in the ordinances like this , we are thrown back and forth percentages and I 'm not sure they all mean something. I think land development is a unique issue to deal with. There are many variables invol ved in de veloping land topography , being one of the major ones here. I would like to see further discussion to find out what developers have here , homebuilders , people who have invested in the community to get some more feedback on it. I would like to see us defer it for 30 days , if possible , and get some more feedback from the community. Councilmember Kunz I concur. I would be open to that. Mayor Lockwood I guess the concern I have is that we 've got some folks with ongoing issues right now. How could or would we address that? Is there a way? City Manager Lagerbloom The standard that exists is 20%. If we defer for 30 days , we can certainly do that, but the standard for the ne xt 30 days will continue to be 20%. Councilmember Mohrig Is there an exception process ? City Manager Lagerbloom I guess you could go through a variance process but that would take longer than 30 days. Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00pm Page 9 of 19 Mayor Lockwood I certainly respect Bill 's comments and all that although I have seen we have had several in the past where staff has had to work on it and I do realize it again I have a hard time sitting up here with somebody that is spending their own money and design and doing something nice in the City of Milton too and trying to within reason hold it back or make decisions on that will affect them financially. Again, I think the 25% may be especially since before , I believe , as we go back to Fulton County we did not have any percentage , did we Kathy? Kathy Field Right , we didn't, there was not and then we went to 20%. Mayor Lockwood Like I said , I have a little bit of a problem with that so I would prefer addressing this now but I will defer to council. Councilmember Hewitt It seems , we have heard tonight, we have heard of two subdivisions, we have heard the Manor that is ongoing and the Hayfield, would it make any sense that those gated and private neighborhoods , could we look at something for private neighborhoods , gated neighborhoods, not public right of way versus open free neighborhood to the public right of way. Mayor Lockwood Is that illegal? City Manager Lagerbloom Yes , if you will allow me to respond to that. A couple of things, one is even though this is on the zoning agenda tonight should there be the desire of the council to defer it into the future, I am not suggesting that will be the recommendation it could come back as quick as June 1 st which is two weeks from tonight. I just wanted to respond to that so it doesn't have to be a whole month. Number two is that I think you can and I had that conversation with the city attorney today. He is not here and unable to be with us tonight but we had that specific conversation. And , the thing he cautioned me and the thing he told me I should say if that question was brought up was that as long as we decide to do something and apply it uniformly and fairly across the whole city if everybody is situated in the same condition you can do it. So , if your condition is that this is a neighborhood that is only accessible to the public by invite or to the owners or guests of the owners and not subject to the public passing by or passing through at will, you can apply a different standard in that circumstance than you would for neighborhoods that have public structures in it so long as you do it to all of them . That would be any privatized community. Councilmember Hewitt Along that, my other thought was potentially subdivisions that were plated already that were already built and obviously had lot size type of house and that sort of thing in mind if that can also or in lieu of be another determining factor. City Manager Lagerbloom I have done more thinking on this since we talked earlier and I have not been able to get the city attorney on the phone. So, I am going to give you what my thought is subject to that disclaimer and even though the neighborhood is platted and the lots are identified as individual lots of record in that subdivision, the Regular Meeting of the Milton City Council Monday, May 18 , 20 15 at 6:00 pm Page 10 of 19 actual building on the lot or the development of the lot if it occurred post June 2014 when the standard was in place, I believe because of the condition could be complied with it would have to be complied with. So , I don 't know if there is anything that necessarily grandfather's in a certain design or development option because of when the neighborhood itself was actually recorded. I would have to confirm that but my gut is that is what we hear from our city attorney. Mayor Lockwood To Councilmember Hewitt 's question about the private versus the public neighborhoods or gated neighborhood , is that a decision we could make tonight or would that need to be advertised? City Manager Lagerbloom The advertisement relates to this section and it relates to the particular notion of whether or not a percentage should be increased. If you use your discretion as council to increase it in only certain circumstances so long as that is uniform , I think you are still within the scope of what you can do tonight ifyou wanted to. Councilmember Mohrig Do we know specifically the concerns that Mr. Duncan referenced that he was requesting further consideration on? City Manager Lagerbloom I know and Lee and I have played phone tag now for about three days now it seems. He and I have not communicated today but I believe what there is some thought of is to how neighborhoods that would have specific architectural standards already in place that might as equal to or exceed our architectural standards. As to whether or not there is a difference for a model there that could be used so that there are fewer conformances of dual sets of mandatory requirements. I think that is probably what we hear and if that is not what we hear I apologize. Is he nodding his head up and down or left and right? Councilmember Mohrig I think he is raising his hand. City Manager Lagerbloom That is totally up to you if you will allow additional public comment. Mayor Lockwood I think to the public comment from the Manor , I think there has been different issues with the Manor and all that versus just lot size coverage that we are talking about tonight. I certainly think moving forward we can certainly work together with some folks and get some ideas and all that but I think that is a little more holistic than just the lot size right now. So , it may be two things we look into moving forward . Councilmember Kunz The other thing , I guess , would be height which I have heard tonight is one of those issues but I don 't see that addressed in this. Mayor Lockwood That is why I said there may be some more overall issues we need to look at. Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page II of 19 Councilmember Kunz If height is an issue should we include that in this or no , just an idea? City Manager Lagerbloom I believe that would get you outside of the scope. This speaks specifically relating to lot coverage. Mayor Lockwood My opinion to Mr. Duncan's suggestion is that maybe that is something we want to do but obviously this is kind of a single issue right here. I guess we have a couple of options open for motions or we have the option of possibly separating the two but laterally across the city ; defer, deny , or approve. Councilmember Lusk Rick brought it up. I would be interested to hear what Mr. Duncan has to say further to this topic . And, I believe , it goes beyond the development of one development, the Manor. If there is an improvement that can be realized in developing all the other developments in the city through that discussion, I think it has a lot of merit, and in two weeks ' time I'm not sure who we are going to be holding up as far as building permits or review is out there but it seems like a short period of time to consider something like this and get more information and especially from those folks that are working in this field every day. Mayor Lockwood Again, I , and Mr. Duncan is welcome to address that I just want to make sure we are not looking at two different things here. Do you have any more comments, Mr. Duncan since Councilmember Lusk asked the question? Lee Duncan I think that, and I am in your position in Sandy Springs, I think the appropriate action that I hear Chris suggested you take is to consider the action in front of you and then possibly go forward with another action where you are directing staff to move on a different direction or suggest the staff investigate more fully other options that might be available , and to that extent, we are more than willing to sit down with you , both from the developers standpoint and from the HOA standpoint, to provide you with options that we think might be appropriate and would enhance the ability of Milton to attract higher and better development than what you are looking at now. You are doing a good job now, but I think you could do a better job. I support what is being presented to you tonight but, I just think that it only goes a little ways. I think there is a bigger step that can be taken that is in front of you right now that is going to require staff to get a green light from you to say yes we want to look at this more closely, we want to investigate this more thoroughly so come back to us on such and such date. That is my recommendation to you tonight. Councilmember Mohrig So basically you are saying you support the 25%, you support the increase and you see some things that can be improved upon, but you are not against the basis of the ordinance? Lee Duncan It is an improvement over what we have had to deal with in the past. We have had issues here it seems like once a month that deals with this ordinance. I get the phone call from the builder and then I have to go fight with HOA what was presented and approved then I have to carry that fight from the HOA into your offices and then we have to figure a way how to adapt the ordinance or how to adapt the product. -----·----------------------------- Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page 12 of 19 It is just not necessary , there is an easier way to do it and I think we can help you get there. I do not need to be burning up time with your Mayor, City Council and Staff when we can go ahead and solve it now. Mayor Lockwood Any more questions? Again, to go back to what I said earlier and Mr. Duncan confirmed, the Manor has had some issues but that is further reaching than just the lot size. Possibly, we separate the two. We have an item before us that we may want to direct staff to work with you to come up with other ideas that might work better and then bring that back to the council for a decision. Councilmember Kunz I will make a motion if everyone is ready. I move to approve Agenda Item No . 15-123. Mayor Lockwood Is there a second? I will second it. Councilmember Lusk I will go for a friendly amendment where we further direct staff to meet with local communities to further enhance the usefulness and the effectiveness of this ordinance. Mayor Lockwood Chris, it sounds like we have a motion to approve this item in front of us , but we would also like to give direction that staff move forward on this other issue we are talking about. Can we combine the two together? City Manager Lagerbloom I understand exactly what that direction is and I will take that direction. I think a couple of those words are difficult to define, mostly the word enhance, what does that mean, so it is probably better if we keep the motion straightforward but then I will take direction on the matter. Mayor Lockwood Isn't it the direction of the council , in general , to move forward if it is an improvement and to work together and bring something else back to us? City Manager Lagerbloom I have heard that. Councilmember Hewitt The question I would like to ask the motion maker is would you consider limiting it to private developments? Councilmember Kunz Yes , I could do that. We could make that change later on. Mayor Lockwood I think clarification of that would be a private subdivision versus a public subdivision. Councilmember Mohrig Why would we be differentiating if we are going to still work for the enhancements? Regular Meeting of the Milton City Council Monday, May I 8 , 20 I 5 at 6 :00 pm Page 13 of 19 Councilmember Hewitt My thought process was people that are in private gated subdivisions know what they are getting into and part of this was for the viewshed and the rural views and if you are in a private neighborhood you know you are going in there for a specific reason to visit or live , so that was my thought behind that. Mayor Lockwood While we have the motion, we do not have a second yet. Councilmember Lusk To Burt 's point, I think there is differentiation amongst different developments out there as far as development standards and their covenants . To make it broadly or just to differentiate between private developments , I am not sure we should be restricting it at this point. City Manager Lagerbloom Mr. Mayor, can I interrupt real quickly? You have a motion, but you just indicated you do not have a second , you are kind of in discussion and we need to get a second . Mayor Lockwood I think Bill you had second , right? Councilmember Lusk Yes . City Manager Lagerbloom So we do have a motion. Mayor Lockwood Right now our motion is for approval as is and Bill your friendly amendment was just a direction/discussion? Councilmember Kunz Discussion asking for amendment on that. Mayor Lockwood Sudie, if you captured all of that then I am alright with that. City Manager Lagerbloom So the motion and the second is to approve Agenda Item No. 15-123 as presented? Mayor Lockwood Yes. Now I will open for discussion. Is there any discussion? Councilmember Hewitt What I just said. Councilmember Kunz All the speakers that were here tonight, were they all in gated communities? I assume they were. Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page 14 of 19 City Manager Lagerbloom If I can take this discussion , as you have it , and just frame it around the context of it being lots that front private roads, as opposed to there being a nuisance of gating in there , because what I think I heard Councilmember Hewitt talk about is lots fronting private roads and there could be a distinction there , there could be private roads in Milton that are not in gated neighborhoods. Councilmember Kunz So all of the speakers that were here were on a private road? City Manager Lagerbloom As I captured the addresses , I captured two neighborhoods that were comprised of private roads. Mayor Lockwood Procedurally, we have a motion and a second. Councilmember Kunz With discussion for an amendment .... Mayor Lockwood And we discussed it so we can move forward as is or ... Councilmember Kunz So ifl want to make an amendment I would basically say that it would be approval of the Agenda Item No. 15-123 with the amendment that it would only affect subdivisions with lots that front private roads. Is that correct terms? Mayor Lockwood Or did you mean lots that are fronting private roads? Councilmember Kunz Not subdivisions just lots. City Manager Lagerbloom That front a private road is correct. I think if we are going to go down that road we need to be more specific and not necessarily approve this item but approve what the actual concept is which is to change the maximum lot coverage requirement from 20% to 25% on lots that front private roadways. That is what your amendment motion would be. Councilmember Kunz That makes sense. City Manager Lagerbloom For the purposes of clarifying and making the record is clean as we can make it , there is also a second section in that amendment that dealt with the lands that were zoned in certain ways that were not a part of the Birmingham Crossroads. I would just for the record like to make the motion to acknowledge the remainder of the change stays in effect. The only thing that is changing is where the 25% is applied. Regular Meeting of the Milton City Council Monday, May 18, 2015 at 6 :00 pm Page 15 of 19 Councilmember Kunz Correct. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 15-123 with the following modifications: (d) Lot coverage. (1) Lot coverage for each individual lot zoned AG-1 , R-1 , R-2 and CUP shall not exceed: a. 25 percent for lots that front on private streets; and b. 20 percent for lots that front on public streets. Councilmember Lusk seconded the motion . The motion passed (5-0). Councilmember Thurman and Councilmember Longoria were absent from the meeting. UNFINISHED BUSINESS (None) NEW BUSINESS (None) MAYOR AND COUNCIL REPORTS Mayor Lockwood I wanted to say I was honored to officiate my first wedding (Courtney and Franco) this weekend. I have been working on this for a couple of weeks. I have been concerned about this. I feel as far as conservation, the vision of the city and what the community wants we are all on the same page. What I got concerned as we are looking at individual items, I will just use Conservation Subdivisions Ordinance as one example , I think people forget about seeing the big picture. There is a lot of passion and lot of effort put forward looking at Conservation Subdivisions and there is a diverse opinion on this , one that we are receiving from all sides. I really think it is because it is very important to everybody the look and feel of Milton, what we have now and the future with conserving and preserving the existing land. I think everyone is staying focused on only one thing when in reality they are missing some of the things that the city has already done and some new things coming up for the city's future. I talk to a lot of people and they say why don 't we as a city stop all the development, the reality is that a lot that is already out there is AG-1. It has been zoned for years for that. The property owners , the developers , the buyers have the rights to do that. The reason there seems to be a lot of development is because there has been a five to seven years halt on development. If you average what is going on now over five years there really is not that much development. People are suggesting we stop all development or change AG-1land from one acre minimum to three or five acre minimum. The reality ofthat is it is not legal to Regular Meeting of the Milton City Council Monday, May 18 , 20 15 at 6:00 pm Page 16 of 19 take rights away from someone with their zoning and that would not be morally right to do to someone as well. I believe the Council and our citizens want to do all they can to keep the landscape of Milton the same . Everyone wants to move here because it is so beautiful but if we do not take proper measures it will not stay that way. That being said what I would like to propose is an initiative called Legacy Milton Initiative, where staff and council can put something in place that is far reaching forward keeping Milton the city we all love . I have encapsulated things we have already done on the conservation side as well as some new ideas too. I was going to let you all look at it , get your input, have a work session, let the public look at it and basically market the fact that Milton is different than other cities. We can educate the landowners and citizens asking them to be a part of this initiative , creating positive and incentive ways to preserve Milton. One thing I propose with this initiative is to do a Green Space Bond, which has been talked about , allowing citizens to vote and decide if they want to spend money to preserve land or not. Another item with this initiative is Impact Fees. What I would like to do tonight is to hand this out for you to look over, edit it and then schedule a work session and get everyone's input. We can edit this , develop a plan to move forward and create a resolution that markets the city. It will be a team effort between our citizens , developers , staff and council. Councilmember Hewitt This initiative sounds like it would bring everything under one umbrella rather than looking at each individually. Councilmember Lusk Memorial Day is coming and are key note speaker is going to be Captain Donna Rowe . She was the Chief Nurse at the Third Field Hospital in Tan Son Nhat outside of Saigon. I have heard her speak before and she is very motivating, everyone will enjoy hearing her Monday . I encourage all to attend . Mayor Lockwood Thanks to Councilmember Lusk for your initiative you started with the crosses remembering our soldiers. Also thanks to Councilmember Kunz , staff and several volunteers for all your help with this effort. People are very touched when they drive through Milton and see that. Councilmember Lusk It is a reminder of freedom and how we got there and how we continue to stay there. It is through the efforts of the names of those 414 crosses that made it happen . These nine students we recognized earlier are also going to continue the commitment. Councilmember Kunz I also want to congratulate Bill Lusk who is the President of the Friends of the Milton Library. The library will open up on July 16 , 2015. Bill is helping to build the barn that is going to house the 10 ,000 books. This is such a great thing for the community and the community is very excited about its operung . Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00 pm Page 17 of 19 STAFF REPORTS Department Updates 1. Fire Fire Chief Robert Edgar Mayor and Council , I believe you have a copy of our monthly stats in front of you. If you have any questions , I will be happy to answer them otherwise I will just highlight a few. • We had a structure fire on Bethany Way about ten days ago. The home suffered heavy damage but the fire crews did an excellent job between Alpharetta and Milton working together to save the structure. We would classify that as a room in content fire with heavy damage. The structure is still standing and will be savable. • The new digital radio system is working as is designed and coverage is excellent. • We completed recertification of CPR training for all the police officers. • Our MDA Boot Drive was completed on Friday and I estimate we are close to $75 ,000. That was just six days of collecting. Thank you to the community and all who travel through Milton supporting MDA. • Public Safety Fair is being held on Friday, May 22 , 2015 and Saturday, May 23 , 2015 at Fry 's. I invite you all to join us and have some hot dogs and drinks with us. It runs from 11:00 a.m.-3:00p.m. • We participated in several elementary and middle schools career days the last few weeks. 2. Finance Stacey Inglis, Assistant City Manager • Mid-year budget adjustments are coming up on June 1, 2015. We will be discussing those in a Public Hearing and consideration for approval. • The OpenGov Transparency Model was rolled out on May 7 , 2015. I have not heard any feedback from the public so I assume everyone loves it. • The Incode Business License Module we are bringing online is a new module we are bringing in house. The go live is scheduled for June 1, 2015. We hope to improve the efficiency of issuing business license and reporting. • The next Tax Sale is June 2 , 2015. The listing of the 20 properties that are considered for tax sales are available. We probably will only bring three or four to tax sale. 3. Information Technology David Frizzell, IT Manager • We had a server fail over the April 25th weekend. We got it running for the following Monday morning. • We added a new server which helped out during the previous server fail. It will support more data and allow for more growth. • We are on track to get a new circuit installed next week and move our people up to the cloud. Regular Meeting of the Milton City Council Monday, May 18 , 2015 at 6:00pm Page 18 of 19 • We are offering internet access at the Byrd Senior Center. We will be moving some computers up there as well. 4. Innovation & Engagement Jason Wright, Director of Innovation and Engagement • We launched the website May 7 , 2015 and you have our statistics in front of you. • I am prepared for a quick tour through the site tonight if you would like. • Since the website launch, I am now pivoting on the virtualization processes and have been working with Jill from Meritage. We are going to setup a merchant account for our online payments of permits. I am going to work with Michelle Mcintosh-Ross and Wade Green getting all the permits and work flow all online. • Also, I am working on placing a payment option online for things like renting a field , CPR Saturday, etc. Bernadette gave me the general ledger accounts on all the items that may be included in this area. • Angela Thompson is continuing her stellar work in engagement. I am sure you have seen the level of content we are able to put out on Face book, Twitter, Instagram, and You Tube. • I would also like to thank Courtney Spriggs on her efforts with Milton Jubilee. It was a great event. I expect to see that grow as the years go by. • We are building out the Milton Market with the first being on May 23,2015 from 4 :00 p.m.-8:00p.m. It will have both Farmers Market and Food Trucks being held at the Broadwell Pavilion all summer long. • We will also have the movies showing at Friendship Park after the Farmers Market ends. • When the Byrd House and Library come online we have been working with Wayne Boston on some great ideas. Story telling festivals , book readings, live entertainment, etc. Councilmember Mohrig I like what I have been seeing on the Facebook posts. Who came up with the "Why Wear the Badge" campaign? Jason Wright That would be a national campaign but Kathy Fies picked that up and ran with it here. Councilmember Mohrig I would like to commend that , especially in light of some of the pressures we have seen nationally. I think it was needed. It lets the community get to know our officers and understand why they are out there serving versus it is just the police. I think it was very positive in nature. Jason Wright Kathy is a master at finding wonderful ways of connecting police with our residents. Regular Meeting of the Milton City Council Monday, May 18, 20 15 at 6 :00 pm Page 19 of 19 5. Human Resources Sam Trager, Director of Human Resources • We had Tom Gilliam from Parks and Recreation department leave the City of Milton. • I have one vacancy with the city which is in the Parks and Recreation department. • Our numbers with health insurance stayed the same. • We had a good month without any vehicle accidents or health injuries . ADJOURNMENT (Agenda Item No. 15-148) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:00 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman and Councilmember Longoria were absent from the meeting. Date Approved: June 1, 2015 Joe Lockwood~