HomeMy WebLinkAboutMinutes CC - 07/06/2015 - MINS 07 06 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6:00pm
Page I of 17
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 July 6, 2015 at
6:00PM, Mayor Joe Lockwood presiding.
INVOCATION
Reverend Mark Jones , Youth Director, Birmingham United Methodist Church, Milton, Georgia.
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLLCALL
Councilmembers Present: Councilmember Thurman, Councilmember Kunz , Councilmember Lusk,
Councilmember Hewitt, Councilmember Longoria, and Councilmember Mohrig.
Mayor Joe Lockwood called the meeting to order.
PLEDGE OF ALLEGIANCE (Led by Mayor J oe Lockw oo d)
APPROVAL OF MEETING AGENDA
(Agenda Item No. 15-172)
Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda with the following
changes:
• Move New Business Agenda Item No. 15-186 , Consideration of a Resolution Appointing a
Member to the City of Milton Board of Zoning Appeals for District 3/Post 1, to after the Consent
Agenda.
Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0).
PUBLIC COMMENT
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Re g ular Meeting of the Milton City Council
Monday, Jul y 6, 2 015 at 6 :00 pm
Page 2 of 17
CONSENT AGENDA
1. Approval ofthe June 8, 2015 Work Session Meeting Minutes.
(Agenda Item No. 15-173)
(Sudie Gordon, City Clerk)
2. Approval ofthe June 15 , 2015 Regular City Council Meeting Minutes.
(Agenda Item No. 15-174)
(Sudie Gordon, City Clerk)
3. Approval of the June 24 , 2015 Special Called City Council Meeting Minutes .
(Agenda Item No. 15-175)
(S udie Gordon, City Clerk)
4. Approval of a Construction Services Agreement between the City of Milton and Blount
Construction, Inc. for the "Oakhurst Leaf Drive Stormwater Improvement Project".
(Agenda Item No. 15-176)
(C arter Lu cas, Assistant City Manager)
5 . Approval of a Professional Services Contract to Provide Master Planning Services for the Live
Fire Training Building and Fire/Public Works Storage Facility.
(Agenda Item No. 15-177)
(C arter Lu cas, Assistan t City Man ager)
6. Approval of a Change Order to the Professional Services Agreement between the City of Milton
and Tunnell-Spangler & Associates , Inc. for the Purpose of Conducting Additional Public
Information Meetings Regarding the Development of a Form-Based Code for Arnold Mill Area.
(Agenda Item No. 15-178)
(Kathleen Fi eld, Co mmunity Development Director)
7. Approval of a Cancellation of Claim of Lien at 14 220 Cogburn Road.
(Agenda Item No. 15-179)
(C arter Lu cas, Ass istant City Mana ger)
8. Approval of a Professional Services Contract with Barge , Waggoner, Sumner & Cannon, Inc . to
Provide Bridge Inspection Services for Three Bridges.
(Agenda Item No. 15-180)
(C arter Lu cas, Assistant City Manager)
9. Approval of a Construction Services Agreement between the City of Milton and Blount
Construction, Inc. for the "13590 Weycroft Circle Stormwater System Improvements".
(Agenda Item No. 15-181)
(C arter Lu cas, Assis tant City Man ager)
Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda. Councilmember
Thurman seconded the motion. The motion passed unanimously (7-0).
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Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6:00pm
Page 3 of 17
REPORTS AND PRESENTATIONS
1. Presentation of American Heart Association, 2015 Mission Lifeline, Cares Award.
(Chief Robert Edgar, City of Milton Fire Department)
2. Proclamation Recognizing Hopewell Youth Association.
(Presented by Mayor Joe Lockwood)
3. Proclamation Recognizing Eagle Stix Rec Inc.
(Presented by Mayor Joe Lockwood)
FIRST PRESENTATION
1. Consideration ofRZlS-13-3225 Francis Road by Sexton Omar Martinez Rivera to Rezone
from AG-1 (Agricultural) to R-3 (Residential) to Develop 2 Single Family Residences.
(Agenda Item No. 15-182)
(Kathleen Field, Community Development Director)
2. Consideration of an Ordinance to Create a Conservation Subdivision -Chapter 50, Article V of
the City Code of Milton.
(Agenda Item No. 15-183)
(Kathleen Field, Community Development Director)
3. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix
the Ad Valorem Tax Rate ofthe City of Milton for Fiscal Year 2015; and for Other Purposes.
(Agenda Item No. 15-184)
(Stacey Inglis , Assistant City Manager)
Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7 -0).
PUBLIC HEARING
1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix
the Ad Valorem Tax Rate ofthe City ofMilton for Fiscal Year 2015; and for Other Purposes.
(Agenda Item No. 15-184)
(First Presentation at July 6, 2015 Regular Council Meeting)
(Stacey Inglis , Assistant City Manager)
Stacey Inglis, Assistant City Manager
According to the official code of Georgia 48-5-32, we are required to hold three public hearings on
the establishment of a millage rate when there is an increase in the tax digest. The first public
hearing was held on July ih, where the first presentation of the Ordinance to establish the millage
Regular Meeting of the Milton City Council
Monday, July 6 , 2015 at 6:00pm
Page 4 of 17
rate was also sounded. Tonight's public hearing is the second one. The final public hearing will be
held on August 41h , where the Ordinance will also be considered for adoption .
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•
•
•
•
•
1st Public Hearing-July 6th 6:00PM
2nd Public Hearing-July 20th 6:00PM
3rd Public Hearing and Adoption of Millage Rate-August 3rd 6:00PM
Tax bills projected to be mailed September 1st
Taxes due October 31st
Total Tax Digest= $2 ,238 ,970 ,962
Total Taxes Levied = $10 ,592 ,572
-Property Taxes= $10 ,212 ,017
-Motor Vehicle Taxes = $380 ,555
Property Tax Increase
Increase of 5.48% Due to Reassessments
-Millage Rate= 4 .731 mills
Please keep in mind that "Property Taxes" include real , personal and motor vehicle taxes.
We are projected to have an increase in tax collections of 5.48% due to inflationary reassessments of
existing property. When coupled with the upsurge in the digest for newly improved properties , the
overall taxes levied will be 6 .5% higher than 2014.
Please understand this is not a millage rate increase . The millage rate of 4. 731 mills is the same rate
the city has had since our first tax billing in 2007.
2 . Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to
Existing 90 Day Moratorium Barring Acceptance of Applications for Land Disturbance Permits
for Residential Development on Property in the R-1 , R-2 , T-2 and AG-1 Zoning Districts.
(Agenda Item No. 15-185)
(Ken J arrard, C ity Attorn ey)
Ken Jarrard, City Attorney
This would be the third iteration of this moratorium if the council decides to extend it. You may
recall that we adopted the initial moratorium on March 16 ,2015. Then we extended it for a 90 day
moratorium on April13 , 2015 and this is a public hearing for an additional 90 day extension on July
6, 2015. This is a moratorium that would be put in place while the city staff works on a new
conservation subdivision ordinance. I would like to point out that the moratorium has been reigned
in a bit from the initial moratorium because , as we discussed , as we further refined which zoning
designations will be captured in the conservation ordinance , we would limit the moratorium so that it
is not broader than it needs to be. This moratorium would bar applications for conceptual plan
approval and land disturbance permits for one acre or more of disturbance for residential
developments on properties located in the R-1 , R-2 , T-2 , and AG-1 zoning districts. These are fewer
than the original moratorium contained.
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Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6 :00pm
Page 5 of 17
Walter Rekuc, 615 Scarlett Oak Trail, Milton, Georgia 31061
I think we have gone through a long enough process with the moratorium. We have looked at what
we needed for the moratorium and we are at a point now where we really need to move forward.
Anything that we need to look at can be looked at through the normal process. That is how most
governments do it. We can have group meetings with neighborhoods and developers and establish a
consensus of how to solve problems instead of making it where it hurts every business in town that
involves construction. I just don 't think a moratorium is a good way to solve a problem. I never
understood what the emergency was for but I think we can come up with a better way to solve the
problem. The moratorium has created a negative feeling with developers and builders toward
Milton.
Mayor Lockwood
My opinion is that I think we proposed this and presented it to the public and while some folks may
not have liked it but the intent was necessary while we worked on creating a conservation
subdivision ordinance . My thoughts are that if we were to extend the moratorium, I would want to at
least extend it another two weeks because that is the time frame that has been given to complete the
conservation subdivision ordinance.
Councilmember Thurman
Why is the moratorium extended for 90 days if the ordinance will be completed in two weeks?
City Attorney Jarrard
That is the absolute maximum that it would be extended . Keep in mind that if we extend it for the
next two weeks then for whatever reason you have a deferral or postponement then we would have
given up the ability to continue it.
Councilmember Thurman
I would rather extend it for 60 days.
City Attorney Jarrard
Of course, the council has that discretion this evening. If you want to extend it less than 90 days , I
would respectively ask that you choose either 45 or 60 days because we will need time to advertise.
Councilmember Lusk
I would support 60 days. Just to reiterate , this moratorium has been modified to exclude any
properties less than one acre and some of the original zoning districts have been removed.
Councilmember Mohrig
I would support 60 days as well.
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Re g ular Meeting of the Milton City Council
Monday, Jul y 6, 2 015 at 6:00pm
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ZONING AGENDA (No ne)
UNFINISHED BUSINESS (No n e)
NEW BUSINESS
1. Consideration of a Resolution of the City of Milton , Georgia Regarding Possible Extension to
Existing 90 Day Moratorium Barring Acceptance of Applications for Land Disturbance Permits
for Residential Development on Property in the R-1 , R-2 , T-2 and AG-1 Zoning Districts .
RESOLUTION NO. 15-07-342
(Agenda Item No. 15-185)
(Public Hearing Held at July 6, 2 015 Regular City Co un cil Mee tin g)
(Ken Jarrard, City Att orn ey)
Ken Jarrard, City Attorney
My presentation is the same as I previou sly stated.
Walter Rekuc, 615 Scarlett Oak Trail, Milton, Georgia 31061
The main point that I want to make is that even if you limit it to one acre , there are still a lot of people
that have two or three acres that are subdividing property for family members , etc. Those indi v iduals
are in no way impacting the future conservation subdivision ordinance. There is no reason to limit them
and involve them in this situation. I don 't understand when there is an issue that it can 't be resolved any
other way than creating a moratorium. Why are moratoriums the only way that problems are handled ?
If a developer doesn 't appl y for a permit in the next few weeks there is no way that a subdivision can be
developed with roads , etc. before bad weather hits in the winter then we will all be faced with erosion
problems. Even if you do make a decision that something needs to change , a final plat on any of these
subdivisions could still be modified or re vised before the plans get approved. So , again you have an
opportunity to revise and look at plans again even if a subdivision is approved. Please do not approve
this moratorium extension even for 60 days because you are pushing back construction. You are really
hurting developers which is a detriment to our community.
Scott Reece, 13685 Highway 9, Milton, Georgia 30004
I have attended all of the meetings and have even met with some experts specifically Dr. Samasotte , Soil
Scientist, P.E. He is probably the most knowledgeable person regarding septic fields in the state of
Georgia. As he told me and your City Manager , the can of worms that you are going to be opening with
experimental systems , which would be systems smaller than 67 bedroom subdivisions, which is where
the state regulates with their standard permit; to go down that road is not something you want to go
down. So , if you are going to do conservation subdivisions , they are going to be limited to large scale
projects . I don 't think an HOA of less than 100 homes is going to have the financial wherewithal to
maintain or repair a system if anything happens. A septic system in and of itself when it is installed
correctly , designed correctly, and maintained is designed to fail. It has a lifespan. It will fail. It may be
30 or 40 years but you are going to be repairing all the systems that are community field line systems.
So , I am asking you tonight to consider doing away with the moratorium on new development since the
real number of properties that it would affect is going to be so small that the timeline of developing
Regular Meeting of the Milton City Council
Monday, July 6 , 2015 at 6 :00pm
Page 7 of 17
those would be such that you will have all of your plans will have time to come in whether you go
forward with a subdivision ordinance or you revise your AG-1 subdivisions. No one will come in and
start a 300-400 lot subdivision in a short period of time. So , you need to look at not just the
development community but there are families that have owned property for many years and you have
had them on hold now for at least 90 days. There are a few families that I know of that have health
issues and other reasons that they need to sell their land. Since their property is smaller in size , a
conservation subdivision will not work on their land anyway. Your blanket coverage of all land
disturbance permits over an acre has caused a lot of hardship in the community; not just developers.
Every time a developer buys a piece of property he is purchasing it typically from a family that has been
in the Milton area for a very long time.
Mayor Lockwood
I have heard from the community that there are some situations where the smaller acreage in question
would not even be feasible for a conservation subdivision. Can we modify the moratorium to increase
the acreage amount so it does not affect individuals whose land is not large enough for a conservation
subdivision?
City Attorney Jarrard
Yes , you can modify the moratorium in regard to acreage.
Councilmember Thurman
I would like to change it to say 60 days and 5 acres or more of land disturbance.
City Attorney Jarrard
So, where it states one acre change it to state 5 acres and where it states 90 days change it to 60 days.
Councilmember Lusk
When you get a land disturbance for a piece of property , is it not for the entire piece of property?
Carter Lucas, Assistant City Manager
The permit is but the actual land disturbance associated with that permit may not be for the entire piece
of property. With 5 acres land disturbance , it could be a minor subdivision but also could be a major
subdivision, depending on how much actual land disturbance is proposed under that particular
development.
Councilmember Thurman
The way it reads is 1 acre or more of disturbance and that is what I was asking for more clarification on?
Carter Lucas
That would be the actual land disturbance associated with that particular permit not necessarily minor
vs. major subdivision plot , could be either with that level of land disturbance.
Councilmember Lusk
When you get a land disturbance permit is it calculated on the amount of disturbed land or is it
calculated on the entire parcel?
Regular Meeting of the Milton City Council
Monday, July 6 , 2015 at 6:00pm
Page 8 of 17
Carter Lucas
That is a good point. These are actually calculated on the proposed disturbance for the entire
development. But the permit is issued based on disturbance of that area that is to be developed not the
development of the homes. So the NPDS permit application actually requires us to look at the overall
development potential of the property.
Councilmember Kunz
So, if I am hearing you right with the proposal Karen just said , someone could come in and develop on 5
acres of a 20 acre parcel , is that correct?
Carter Lucas
That is correct.
Mayor Lockwood
That is the way it is worded now with the 1 acre , correct?
Ken Jarrard
I think that is correct. I think this discussion is good because if we are going to go that direction I think
it would be nice for Staff to have some feedback on what Council's expectations are on this matter.
Councilmember Kunz
I am not comfortable with that.
Carter Lucas
I think the issues we have seen so far with this moratorium have been more related to the minor plat
versus the major plat.
Councilmember Thurman
If someone wants to develop 5 acres on a 20 acre parcel , I do not think that is a bad thing because it
means they are preserving nearly 75% percent of it.
Carter Lucas
Under the development permit process , the actual land disturbance of that development permit is going
to be for the infrastructure only , not for the home sites. While we do include that in the NPDS permit
fee calculation we do not include that in the land disturbance permit itself. So you could actually have
more land disturbed ultimately in the development.
Councilmember Longoria
Right now the current moratorium runs out when , Ken?
Ken Jarrard
It was adopted April13 , 2015 , so very soon.
Councilmember Longoria
I am going to argue on the side of the citizens that spoke against extending the moratorium. The loss
that we incur by not voting to extend is that its business as usual prior to the moratorium and the reason
the moratorium was put into place was to make sure that the work that we are doing on the conservation
subdivision ordinance has a chance to be discussed , voted on and put into effect. Recognizing that the
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Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6:00pm
Page 9 of 17
conservation subdivision is not going to be applicable on all sizes of property just on certain sizes which
we have not decided at this point. We also have not decided whether it was going to be optional or
mandatory. We may have a moratorium in place for something that would not had an effect anyway, so
I just want to make sure if we did not extend the moratorium, have we lost anything?
Chris Lagerbloom
I think what we would do is go back to business as usual but if there were plans out there that were
being held at this point hoping to develop it on 1 acre minimum ....
Councilmember Longoria
I want to refresh your memory. Prior to the moratorium, there was no disaster, problems or bad
development. Certainly it was not development that had the option for conservation subdivision but we
operated as a City for eight years before we had that.
Mayor Lockwood
This is not people rezoning, it is people wanting to keep 1 acre lots and not adding more density.
Councilmember Longoria
We have had 90 days to try to get something complete but it looks like it is going to take a little bit more
than 90 days. Just because our efforts are taking longer than anticipated, should we penalize our citizens
and delay their plans or should we just go back to business as usual and try to finish up as fast as we
can? I would argue the latter is the route we should take.
Councilmember Mohrig
We did the moratorium because we were hearing a lot of concern out in community about what was
happening with the subdivision development, even with the AG-1 , along with the look and feel of
Milton starting to change. That is why we began to even consider looking at a conservation subdivision
ordinance to see if we needed to make a change. My question would be, is there a way to stipulate by
acreage versus by the amount of disturbance? Is there a way to limit this moratorium?
Chris Lagerbloom
As long as whatever criteria you place as an objective and is something we cannot apply arbitrarily, I
think that would be fine, but we should confer with the City Attorney on that.
Ken Jarrard
That works.
Mayor Lockwood
I think by delineating an acreage that will take out some of the guess work.
Councilmember Kunz
There are residents that are concerned that once land is developed it can't go back. In my district, I am
hearing people are concerned about the changes that are happening so quickly. We need to make sure
we go through this process till its completion on deciding what we are going to do with this conservation
subdivision ordinance. Residents feel they are paralyzed because of AG-1 sprawl and as a councilmen it
is my obligation to represent my district and say we need to slow it down a little bit. I am open for the
moratorium for 60 days as is written other than just changing the 60 days.
Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6:00pm
Page 10 of 17
Councilmember Mohrig
Question Matt, are you saying that you are open also to designating an acreage amount in there so we
are not limiting it to 1 acre of land disturbance?
Councilmember Kunz
I like the three lot idea better because it makes more sense to me. I am not confident in the acreage of
land disturbance versus what they can actually develop on overtime; three lots works better for me.
Councilmember Lusk
You have to relate the three lots to actual square footage , something like three lots are equal to 5 acres.
If that is where this discussion is headed , we will probably have to come up with that number.
Mayor Lockwood
If you tie it in with the conservation subdivision ordinance , which has prompted this moratorium, if it is
going to affect larger more than smaller parcels, then you may feel comfortable coming up with a
number for acreage.
Councilmember Longoria
Here is the problem I have , a 90 days moratorium plus another 60 days is 150 days. That is almost half
a year. We are not just impacting developers but also landowners. Those landowners are people who
paid taxes and are citizens, so I agree with Matt , we should listen to what our citizens are saying. We
are taking too long, I agree it is a complex issue but we do not have the right to continue down this path
and keep people from converting their assets into whatever they feel is right for them.
Councilmember Kunz
I agree that I do not want to see anything temporarily delayed , but at the same time when development
occurs, it is permanent, so the question is to what degree is temporary?
The other thing I am concerned about is some of the historical structures and barns that may disappear
because of this conservation subdivision ordinance. I see a lot of things with this AG-1 sprawl making
changes to our district. I do not like a long process either but we need to get this to a vote before we
release this moratorium.
Councilmember Thurman
I think we have come a long way with the conservation subdivision ordinance and hopefully we will
have a decision made on it soon. That is why I would support a 60 day extension on the moratorium. I
believe that the conservation subdivision ordinance is only going to work for certain size parcels and
greater. Ifthat is all it is going to work for , let's go ahead and free up the ones we know it is not going
to be relevant for and take them out of this moratorium. I do not know if we want to do 10 acre parcels
or do it the way it is written now. I wanted to keep it simple and that is why I changed to 5 acres from 1
acre undisturbed land . Not sure if that is the way we want to do it, but I would like to free up those we
know that will not make a difference.
Chris Lagerbloom
One of the ways you could do that is to simply exclude minor plats.
Councilmember Thurman
In my mind , that may not be enough.
Re g ular Meeting of the Milton City Council
Monday, Jul y 6, 2015 at 6 :00pm
Page 11 of 17
Councilmember Lusk
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Obviously we have spent a lot of time on this moratorium , as well as , conservation subdivision
ordinance. We placed this moratorium into effect almost 90 days ago and we have put a great amount of
effort into researching this issue however , I do not think we are there yet , but we are close. So I think 60
days is a reasonable time to anticipate we can achieve all we need to do . To you Mayor, how many
landowners are we holding up with this moratorium?
Mayor Lockwood
I have heard from probably fi ve landowners that it is impacting. To Matt 's point, I understand the
concern ofthe citizens about de velopment that has been going on , but also to Joe 's point, imagine if we
put a 90 day hold on those people who are concerned about development bank accounts and then extend
it for an additional 60 days , they would not tolerate that. Some of these people 's land is their bank
account and their life savings. Now the y are re ady to do something with it and they will not be able to
for six months , do you think that is right?
Councilmember Lusk
They do not think this is restricting them from selling their property do they?
Mayor Lockwood
Yes they do feel that it is restricting them from selling because no one is going to buy it until the y know
what is going on. People have lost contracts on this . And that means this is not just 60 more days for
these people because now they lost a willing buyer who may have gone and bought somewhere else.
Councilmember Hewitt
I see seeing this through to Jul y 20th when the moratorium expires. To Karen 's point, I am saying 10
acres of land and not deal with land disturbance , etc. Keep it simple.
Councilmember Mohrig
I think when we leave it at an acre or less I think we are being restrictive to something that does not even
apply to conservation subdivision. So if we can free up the land that does not apply with conservation
subdivision within the 60 day period, I think that is what we should do .
Councilmember Lusk
I would go along with the 5 acres.
Councilmember Longoria
I think we have done a good job discussing this and I feel 90 da~s was enough time for us to figure this
out. I believe we let the moratorium lapse and vote on it July 201 ·
Councilmember Kunz
How many acres were released during the three days we released the land disturbance permits?
Chris Lagerbloom
I will have to get you that information. I kno w it was over 150 acres .
Councilmember Kunz
I would like to know that information if you can get it for me , please.
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Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6 :00 pm
Page 12 of 17
City Manager Lagerbloom
May I suggest you take this item out of new business and move to defer it until after Staff Reports?
That way after we get through with the next agenda item, I can go research the information
Councilmember Kunz is requesting.
Motion and Vote: Councilmember Longoria moved to defer Agenda Item No . 15-185 to after the Staff
Reports. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
City Manager Lagerbloom
After researching the data you requested , I was able to confirm that the application was for was on 194
acres with 115 lots.
Mayor Lockwood
Do you also have the total number of applications?
City Manager Lagerbloom
Yes , there were six; ranging anywhere from 11 lots on 9 acres to 3 lots on 30 acres.
Councilmember Kunz
It is not so much the acreage that matters in the northern part of our city but the conserving of the beauty
and the history that we have. If we have a moratorium and we make a decision two weeks, or if it is a
60 day deal I am okay with that , I just worry about the acreage as it is because there are things on
smaller acreage that can disappear just as much as on larger tracts of land.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-185 with the
following modifications:
• 60 Day Extension to Existing Moratorium on 10 acres or more.
Councilmember Mohrig seconded the motion. The motion passed (5-2). Councilmember Kunz and
Councilmember Longoria were in opposition.
The following Agenda Item No. 15-186 was moved by Motion and Vote under Approval of Meeting
Agenda to immediately after the Consent Agenda.
2. Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning
Appeals for District 3/Post 1.
RESOLUTION NO. 15-07-343
(Agenda Item No. 15-186)
(Mayor Joe Lo ckwood)
Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6 :00pm
Page 13 of 17
Motion and Vote: Councilmember Kunz moved to approve Kim Keller to the City of Milton Board of
Zoning Appeals for District 3/Post 1. Councilmember Mohrig seconded the motion. The motion passed
unanimously (7-0).
3. Consideration of a Professional Probation Services Agreement Between Chief Judge Brian
Hansford, in his Official Capacity as the Chief Judge of the Milton Municipal Court and Integrity
Supervision Services , LLC as a Private Probation Provider by the City of Milton as the
Governing Authority.
(Agenda Item No. 15-187)
(C hris Lagerbloom, City Mana ger)
Chris Lagerbloom, City Manager
Our Chief Judge Brian Hansford has entered into an agreement with a new Probation Provider based
upon his experience with them and he is suggesting that we enter this agreement on a month-to-month
basis while we actually go to the market for a competitive bid to locate a permanent provider. It is the
recommendation of the court that they are not satisfied with the provider we have today, which is
Judicial Correction Services. Some background information: JCS is a company we have had for some
time. It has sold from the original ownership . It has come under some scrutiny in regards to its billing
practices. If you approve this tonight, you are simply approving the Judge 's selection of a Probation
Provider. This is coming forward tonight as a request from the Judge.
City Attorney Jarrard
There is a specific statue that allows this and requires that the governing authority ofthe municipality
ratify it, but the actual mover behind the contract is going to be the Chief Judge not the City.
Mayor Lockwood
Is this process typical?
City Attorney Jarrard
Yes it is. In fact, I am working on this very similar contract in another jurisdiction right now where the
county authority will approve it but have little oversight over it.
Councilmember Lusk
So then all the considerations are between the Chief Judge and the contractor?
City Attorney Jarrard
That is right. There is a fee mechanism within there and the Probation Provider will collect some of the
fees , etc. that are imposed by the court . In fact there may be a pass along for certain services like
alcohol testing , etc.
Councilmember Lusk
Who covers those additional costs?
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Regular Meeting of the Milton City Council
Monday, Jul y 6 , 2 015 at 6 :00pm
Page 14 of 17
City Attorney Jarrard
The actual individual who is the subject of the offense covers the costs.
Councilmember Lusk
So this contract is solely between the Chief Judge and the contractor? So the city is not liable for
anything?
City Attorney Jarrard
That is a good question. I do not know if it has been litigated before. It is a curious statutory construct
where these two entities get to enter a contract but then the governing authority has to ratify it. This is
intended to provide a guarantee that you , as the governing authority , will know of any changes.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 15-187 . Councilmember
Kunz seconded the motion. The motion passed unanimousl y (7-0).
MAYOR AND COUNCIL REPORTS
Mayor Lockwood
I would like to get a general feel from our council if they would be interested in creating an ordinance
that would allow for private citizens to take care of elderly patients in their home as a business ; for
profit.
Councilmember Kunz
I would like to thank all the people who have worked tirelessly and put forth a tremendous amount of
time and energy toward the opening of the new Milton library. It is scheduled to open on July 161h.
Milton will have the best library in the state.
STAFF REPORTS
Department Updates
1. Police
2 . Public Works
3 . Parks and Recreation
4. Community Development
5. Economic Development
City Manager Lagerbloom
Regarding the Children 's Learning Adventure , they have agreed to tum off all lighting from 10:30 pm to
6:30am.
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Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6 :00pm
Page 15 of 17
Councilmember Thurman
I would like for us to change our sign ordinance to reflect that any sign that is meant to be seen from the
outside should have to conform with our sign ordinance.
City Manager Lagerbloom
The C~uncil and Staff retreat will be held on August 13th , 14th , and 17th .
We are working with the City of Alpharetta in a partnership to potentially extend the sidewalk from the
Milton Library to Danbury Park subdivision .
I sent you an email with a potential job description for the Conservation Subdivision Project Manager. I
would like for us to further discuss that position.
Lee Duncan and I met regarding the ongoing issues with the Manor. Please let me know if you have any
thoughts about potentially modifying our architectural codes.
In addition , I would really like to meet with each of you individually to review the interior renderings of
the new City Hall and obtain your feedback. I am available at your convenience .
Department Updates
Police Department -Steven Krokoff, Police Chief
In some of our efforts to improve the relationship between us and our state and federal partners , I
attended two summits. The first was regarding the 21 st Century Policing in the Northern District of
Georgia which was presented by the U.S. Attorney 's office. It was a gathering ofleaders from across
Northern Georgia and we discussed procedural justice and bring community members and policing
together to improve relationships and bring about better legitimacy within law enforcement. In addition,
I attended the Heroin and Opiate Conference which was also organized by the U.S. Attorney's office.
The U.S. Attorney is putting together a group to work on these issues and I have volunteered to be a
part of that group. Our department is creating an accident investigation team as the result of my internal
findings that the city has numerous accidents. There was a gap in the training that our department has
received in how to handle some of the more serious accidents. Lieutenant Borsey will be the chairman
of the team which will consist of an intense training process regarding how to handle accidents and
specifically the investigation of accidents. On a lighter note , our police officers along with many
officers from other cities participated in an event with children in which they had outdoor activities and
games so that the participants could see that police officers are regular people too. It was a great
community building activity.
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Regular Meeting of the Milton City Council
Monday, July 6 , 2015 at 6:00 pm
Pa ge 16 of 17
Public Works -Carter Lucas, Assistant City Manager
The Birmingham/Hopewell Road project has been cleared for utility relocations which will take
approximately 90 days. We gave our presentation to the Alpharetta City Council regarding the Big
Creek Greenway project. They were adamant about improving their connection between City Hall ,
A val on, and the Big Creek Greenway which would take it across the Webb Road connection which is on
the very southern end of our study area. We will continue to look at additional connections when we
review our Master Transportation Plan. You should see a contract at the July 20th meeting regarding our
annual paving contract. Paving should begin sometime in August. Our capital bridge project is a pilot
project that we are launching with three bridges in the city. It is a more comprehensive look at each
bridge. In addition to structural evaluation, we are also looking at safety and alignment. This will help
with the overall operation and maintenance of bridges as well as capital planning for future bridge
projects. Another project we are working on is the fire training facility . There are two components of
this. There is a live fire component so that our firefighters can move their training from the burn
buildings that Alpharetta and Roswell maintain to the area behind Station 43. The other component
consists of a joint storage facility between Public Works and the Fire Department which will be located
behind Station 43 as well. Another contract you will see in the near future is our fuel management
system . We are moving to a more automated fuel management system which will allow us to track fuel
usage and assign it to various departments. Our gravel management system started today and we
anticipate that it will be about 3-4 weeks before thi s project is completed.
Parks and Recreation Department -Jim Cregge, Director
Progress is continuing on Bell Memorial Park. We have established a preliminary schedule which will
include a soft opening on Saturday, September 5th . We are anticipating a formal grand opening on
Saturday, September lih. The safety work on Providence Park is beginning. I am expecting to receive
bid responses this Friday from three different fence vendors. The first priority is to get the fence that
surrounds the pit repaired. We are also going to take down a lot of unnecessary chain link fencing. We
have disconnected the power to the maintenance shed and we have also relocated the honey bee nests
that were inhabited there. We plan to have both buildings boarded up until we make decisions about
whether to remove or repair the buildings. Our camps have been very successful this summer especially
Camp Joyful Souls which has reached a record high attendance. I would like to give a big thank you to
Community Christ Church for allowing us to use their facilities this summer. In addition, our counselors
have done a tremendous job facilitating the camp . We have re-sodded Cogburn Woods, Hopewell
Middle, and Friendship Community Park . After the sod was put down, we had a problem with the
irrigation system and we lost all the sod at Friendship Community Park. Our contractor, Tri-Scapes,
replaced all the sod at no cost to the city. We also have small re-sodding projects going on at
Birmingham Falls and Northwestern Middle. So , all fi ve IGA fields are being enhanced. Everything is
going great with our partnerships and we are moving along in the right direction in our department.
Regular Meeting of the Milton City Council
Monday, July 6, 2015 at 6:00pm
Page 17 of 17
Communi~ Development-Kathy Field, Director
On July 20 1
, you will receive a request for a rezoning on Francis Road from one single family home to
two single family homes. Next month , you will receive a petition to rezone and a use permit to allow for
the expansion of the existing school on Bethany Bend Road. Three text amendments will be coming to
you for your consideration which will include the rural view shed within the Rural Milton Overlay for
single family uses , to amend the private swimming pool standards , and to create a definition for barriers
as it relates to swimming pools . The Conservation Subdivision Ordinance will come before you next
week at the work session to be followed by the formal review meeting on July 20th. The Impact Fee
Study, the Methodology Report and the Capital Improvement Element will be reviewed in the work
session next week as well. We have scheduled two community meetings on July ih and Jul y 21 51
to discuss the Arnold Mill Form Based Code .
Economic Development-Sarah LaDart, Economic Development Manager
I received a call from a company that is looking to move 27 jobs into 20 ,000 square feet in Deerfield
within the next 18 months. I asked them what the average salary of these jobs would be and he said
between $70 ,000 and $75 ,000. I went to Savannah to represent the city at the annual GMA convention.
I made some good contacts and further grew my relationship with people I had already met. I went to
Austin with the Metro Chamber to participate in the planning of the South by Southwest Festival that
will be in March 2016. This festival is about attracting talent in the Atlanta area. This is the first time
that the Metro Chamber has invited Milton to participate in one of their programs so we are very excited
about that. In addition , on July 141h I am going to tour the Sugar Hill Sweet Spot. It is a business
incubator.
ADJOURNMENT
(Agenda Item No. 15-188)
Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 8:10 p.m.
Councilmember Mohrig seconded the motion . The motion passed unanimously (7-0).
Date Approved: July 20 , 2015
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