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HomeMy WebLinkAboutMinutes CC - 08/10/2015 - MINS 08 10 15 WS (Migrated from Optiview)Work Sess ion of the Milton City Council Monday, August 10,2015 at 6:00pm Page I of 10 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 s ummary 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 s ummary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Work Session of the Mayor and Council of the City of Milton was held on August 10, 2015 at 6:00PM. Councilmembers Present: Councilmember Karen Thurman, Councilmember Bill Lusk, Councilmember Matt Kunz, and Councilmember Burt Hewitt. Councilmembers Absent: Councilmember Joe Longoria and Councilmember Rick Mohrig. Mayor Joe Lockwood was absent from the meeting. Mayor Pro Tern Karen Thurman presided over the meeting. • Work Sessions are an informal setting to update Council on business items. • No votes will be taken during these sessions. • There are five (5) items on our Agenda tonight. • Public comment is allowed that is germane to an Agenda Item. • If you wish to speak you are required to fill out a comment card and tum it into the City Clerk staff. • Public comment will be allowed for a total of 1 0 minutes per agenda item and no more than 2 minutes per person. • Public comment will be heard at the beginning of each Item. • Once the item is called, no other comment cards will be accepted. Agenda Item #1 was moved to the September 14,2015 Work Session. 1. Presentation of The Hub Family Resource Center serving Milton, Johns Creek, Alpharetta and Roswell. (Kat e Boccia, Board Chair, Th e Hub Family Resource Ce nter) Agenda Item #2 was moved to the end of the Work Session. Work Session of the Milton City Council Monday, August 10 , 2015 at 6:00 pm Page 2 of 10 Agenda Item #3 was read. 3. Discussion ofRZlS-11 -To Create the Arnold Mill Form Based Code, Chapter 64 ofthe City Code , Article XXI. (Kathleen Field, Co mmunity Developm ent Direct or) City Attorney Jarrard The City Manager has given me correspondence by a law firm on behalf of the individual property owners that own approximately 40 acres of property that would be impacted by this form based code. This is a constitutional challenge letter which is more detailed and aggressive than most of these types of letters that I am used to seeing regarding land use. This letter raises a host of issues with respect to the draft version of the form based code. I will need to take more time to advise the City Manager and the City Council of my position with respect to this letter. However , in summary, this letter raises procedural and due process challenges. The letter suggests that there is disparate treatment manifested in the code between the Crabapple version and the Arnold Mill version. It indicates that the density limitations are economically unfeasible. It suggests that engaging in the TDR process as part of the code to make certain pieces of property viable constitutes an unlawful delegation of legislative authority . It alleges that various components of the code constitutes a taking as prohibited by the United States Constitution. It suggests that the code is vague and indefinite. It also suggests that the architectural styles serve no public purpose. It further suggests that the height limitations within the code are arbitrarily low and that the square footage limitations are so low that there will be no economic value to the owner's property and that the city has presented no legal justification for the enactment of the code. PUBLIC COMMENT Doug Dillard, 1230 Peachtree Street, Atlanta, Georgia 30309 I am here tonight to represent Southeast Property Development Corporation, Larry G. Davenport and Georgia Golf Ventures who own approximately 40 acres at the intersection of Cox Road and Arnold Mill Road. They have been involved in this process which I understand you have been going through for a while. They have attended all the public meetings and have participated and given their input. We are not here to totally oppose this form based code. We are here to try to achieve some uses , density , and rights that we think are fairly fundamental and basic not only in the federal constitution but in the Georgia constitution as well. We have written a letter to you to put you on notice as required by Georgia law. We are here to work it out and I would agree with council that to table this matter would be appropriate to give us an opportunity to sit down and discuss it. The letter we wrote was not for the purpose of creating division . I appreciate the work that Caleb and his group have done. I have worked with TSW many times throughout the years. I think the world of all of them; they do good work. However, I think we always have to realize that we have to balance the public need with the private rights to use your property for any lawful purpose. And , in doing so , it addresses density , height, use , etc. and we have tried to convey that message in our letter. We are seeking an opportunity to sit down and continue to discuss these issues . Our clients have been in most of these meetings. They were concerned that the most recent draft; that we did not receive until Friday , did not adequately address the issues that they felt were reasonable economic uses in and around their property. We are asking for Work Session of the Milton City Council Monday, August 10 , 2 015 at 6 :00 pm Page 3 of 10 further consideration and that we continue to participate in open and positive dialogue to reach some type of agreement that would be beneficial to us and the city . Obviously, we have procedural questions and secondly the density. The transect zone for the Arnold Mill Form Based Code is T4-0pen which permits only three units by right. It is lower than the density entitlements in the Crabapple T4-0pen Zone which allows five units by right. We are having a hard time understanding this. There is no reason to make density distinctions between Arnold Mill and Crabapple. We need a density that is economically viable as a matter of right rather than dependent on TDRs. The code is vague and indefinite in many areas . Restrictions on architectural styles and building materials are economically unfeasible. There are seven different architectural styles that have been approved for Crabapple but only two different styles for the Arnold Mill area. Many of the development standards are so stringent that a developer cannot make viable economic use of the property. The height limits are extremely low, the restriction of commercial and office use on the ground floor is unreasonable , the limitation on the permitted square footage per building , the setbacks , lot width , lot coverage , building placement, etc. are so restricted that it is economically unfeasible . Our property owners have the right to use their property for lawful purposes and you have the right to regulate the use as long as there is some relationship with respect to protecting the public 's health , safety , and welfare . We do not think these issues balance and we want to work with you to participate in a workable solution that gives us a reasonable economic use of our property , yet at the same time achieves the public 's health , safety , and welfare goals that you want for the city. Agenda Item #4 was read. 4. Discussion ofRZ15-16-To Amend Private Swimming Pool Standards for Detached Dwellings. [Sec. 64-1 069(b)]. (Kathleen Fi eld, Co mmunity Developm ent Director) Vince Hines, Chief Building Official We are requesting to change only the date in the code from "2006 " to "2012 ". In an attempt to provide more safety , we wanted to change the swimming pool barrier location from 150 feet to 20 feet. After further investigation and meeting with pool contractors , we have decided to leave the 150 feet as is. These proposed changes occurred because there was confusion regarding whether it was a barrier or a fence. We are working toward compliance of making a fence be a barrier requirement. With the overwhelming amount of outdoor living areas located within the city , it is almost impossible to change this requirement to 20 feet versus the proposed 150 feet. In conclusion, we have decided to withdraw this requested change. Agenda Item #5 was read. 5. Discussion ofRZ15-17-To Create a Definition for "Barrier" in Definitions. (Sec. 64-1). (Kathleen Fi eld, Co mmunity Developm ent Director) Vince Hines, Chief Building Official We had proposed to create a definition of a barrier but have decided against that proposal because after further review we realized it would create confusion instead of clarification so we are requesting a withdrawal ofthis proposed change. Work Session of the Milton City Council Monday, August 10, 20 15 at 6:00 pm Page 4 of 10 Agenda Item #2 was read. 2. Discussion of City of Milton Budget-Revenue and Expenditures Capital Improvement Project Prioritization. (Stacey In g lis, Ass istant City Manager) Chris Lagerbloom, City Manager It is that time again to review our fiscal budget. First and foremost , at this point in the fiscal year based upon our available staffing , there are no additional positions requested in this budget. We are looking at adding a few positions that would be revenue off-setting but we are still working through those issues. This budget is very high level at this point and will continue to change as we move forward toward the final approved budget. Specifically, the cost of employee healthcare will be more defined as we move forward. We have included in this first draft budget the most conservative estimates. It is not balanced yet as it still shows revenues over expenditures of $120 ,794.00. This might be the first year that we have ever had revenues exceeding expenditures at that level. Any funds in the budget are transferrable based upon council priority. As you can see in the General Fund Summary , the total revenues anticipated are $26 ,043 ,278.00 with expenditures , at this point, of $25 ,922 ,484.00. Councilmember Kunz When do you anticipate we will see Impact Fees coming in? City Manager Lagerbloom Toward the beginning ofthis fiscal year ; potentially October. Mayor Pro Tern Thurman This budget does not have Impact Fees in it at all so the y would be over and above what we are seeing tonight. City Manager Lagerbloom Yes. Mayor Pro Tern Thurman When will we get to see a more accurate detailed report of how we will finish this year financiall y? Stacey Inglis, Assistant City Manager I looked at the revenues and they are going to be really close to what we are projecting for fiscal year 2016. We are looking at a little over $26 million in revenue at the end of this fiscal year. We would be ahead and I will have a better idea of that closer to the time of our retreat where we will discuss strategic planning. Mayor Pro Tern Thurman I guess , what I am looking at is that you have this $6.5 million beginning fund balance for fiscal year 2016; will that number may be closer to $8 million after you look at additional revenue and decreases in expenses? Stacey Inglis Yes. ~-------~----~--------- Work Session of the Milton City Council Monday, August I 0, 2015 at 6:00 pm Page 5 of 10 City Manager Lagerbloom As we have done in previous years, we asked each Department Head to submit their department needs/budget. We will begin with the Mayor and Council budget. We have added a line item for Councilmember Bill Lusk to attend the Robert E. Knox Municipal Leadership Institute. In the City Manager budget you will see changes from 2013-2015 which is reflective of the consolidation of the positions of both Stacey Inglis and Carter Lucas. Mayor Pro Tern Thurman What is our anticipated increase in employee health insurance for next year? City Manager Lagerbloom We are anticipating a 15% increase. We went to market to increase competition and we are currently leaning toward keeping our current provider which is Blue Cross/Blue Shield. We will also be looking at plan structure which will allow a potential cost savings . In continuing our department budget discussion, the election costs have been captured in the City Clerk Department. It does not include the cost of a run-off election, if necessary. There have been no major changes since last year in the General Administration or the Finance Department. The legal budget is anticipated to remain flat at $230 ,000. In the Information Technology department we include our maintenance contracts that pertain to all of our computers as well as our contract with VC3. Human Resources remains the same as well as most of the other departments. The Innovation and Engagement department went down due to website design. In the Court Department, the cost of moving the department from the City Hall to a shared facility with the City of Alpharetta located in Crabapple. The judge is in support of the move. However , the opportunity to own the building does not exist within the next ten years. It will be at least another ten years before the City of Alpharetta has any interest in selling it or changing its function. The positive aspect of this move is that the City of Alpharetta uses this building on Tuesday, Wednesday , and Thursday and we have court on Monday and Friday. This is a great opportunity for us to have a more permanent court and we all know that our lease is up for the Deerfield City Hall location in September 2019. We either need to place in our budget the funds to buy or build a new court building when we move to Crabapple or we can look at a partnership with the City of Alpharetta to use their court facility. We are working on an IGA with the City of Alpharetta for this arrangement and if all goes as planned , I will bring the IGA to you on September 22"d for your consideration. Included in this agreement will be the build out of the space and the rental cost of 40% of the courtroom (which we would use two days a week) and the approximate 517 square feet that we would utilize. Today , that space is a library and a kitchen that is vacant and not being used. We would build out that space for our court office space. At this point, we are projecting an approximate total cost of $52 ,000 to make the move happen with the build out , etc . We are planning to use this space for potentially ten years , maybe more. Alpharetta has given us a quote of $3 ,000 per month for rent. Regarding the Police Department Budget, Chief Kroko ff has indicated that he has some ideas of how he would like to streamline the budget. In addition, there is a line item that moves us toward replacing 50% of our mobile and portable radios. We need to take our police and fire radios from being CDMA compliant to TDMA compliant. Our system is built with a sufficient number of talk paths that we will have the correct sized system within all four cities to be TDMA compliant. We have eight talk paths in Work Session of the Milton City Council Monday, August 10 , 2015 at 6:00 pm Page 6 of 10 the entire radio system which means that between all four cities , eight people can have a radio and push the button to talk. The goal is that whenever anyone wants to talk on their radio in Alpharetta, Roswell , Sandy Springs or Milton , they are able to get to the dispatch center without hearing a busy signal. TDMA compliant takes the radio from only having eight talk paths to sixteen talk paths. So , it doubles the capacity of the system. In addition, the future additional talk paths will help the Authority build up subscribers to offset the cost of the system. In the Public Works Department, you will see a fairl y substantial increase in salaries . That is not representative of an increase in salaries . We moved several employees from the Community Development Department into the Public Works Department which explains this increase. The employees that we moved were Mark Aral , Mark Law, and Jimmy Sanders. In the Parks and Recreation Department you will see an increase in the budget based upon the new Bell Memorial Park and the expenses that are associated with it. Providence Park is budgeted in the Capital Budget which is $250 ,000. Jim Cregge has requested to reclassify the position that Tom Gilliam was in to a Parks Manager position versus a Program Coordinator position. This reclassification will have a modest classification increase attached to it. In the Community Development Department, the budget has increased to reflect two Hazardous Waste days instead of just one like we have had in the past. This line item is located under Professional Fees- Hazardous Waste Collection which we have budgeted at $24 ,000. The Economic De velopment Department budget has increased in order for the city to participate in economic development opportunities and site visits to a few additional locations through Progress Partners. We do not have an y Debt Service in FY16. We have not drawn on the bond yet because we have been able to use idle funds . We should be drawing on it in September 2015. The debt service payment for that is in the Capital Projects Revenue Bond Fund which will be around $800 ,000 per year. Maintenance and Operating Initiatives are requests that come from Department Heads or I will include requests based on feedback from the council. These are new items that would be added to the budget above and be yond the General Fund. The Green Space Bond Initiative has been budgeted at $200 ,000 . Part-time Finance Clerk-! have not recommended that we fund this position at this time. Infrastructure Design/Implementation for the New City Hall -$72 ,000 -These costs would be over and above the costs that would come out of each department. Human Resources Market Competitiveness Survey and Study-$20 ,000 -This is to ensure that we are competitive in the marketplace with salary and benefits so we can retain and recruit good talent. Innovation and Engagement -Sound System for Ceremonies -$3 ,240 -Currently, we rent a sound system for our ceremonies like Memorial Day , etc. It would be nice for us to own a sound system for all of our events such as a ribbon cutting or ground breaking ceremony. Work Session of the Milton City Council Monday, August I 0 , 2015 at 6 :00 pm Page 7 of 10 --------~---~-~--------- Municipal Court -Relocation of Court Facility Annual Lease -$3 ,000 -This was captured in the $36 ,000 item. Police Department -Krimesite Imager -$14 ,950 -This is a recommendation from our Police Department that would enhance our ability to investigate crime as it relates to fingerprints. The Krimesite Imager is a tool that can be used to detect and document latent fingerprints on various surfaces without the use of chemical enhancement. Fire Department Public Education Program Initiative -$4 ,003 -This is for Sparky the Fire Dog (Dog Costume someone wears) which is a public outreach tool to be taken into the schools. This would enhance the efforts of the Fire Department within our schools. Public Education and Support Services Officer -$72 ,800 Rescue Staffing (3 Paramedics) -$178 ,800 Scott 's RIT-PACK III-$3 ,595 Advanced Stroke Life Support Training Center-$1 ,842 Landscape Improvements at Stations 41 and 43-$293 ,440-These two fire stations are the gateway of two of our main corridors and we would like to match the images of Flowery Pines ' drawings by enhancing these two facilities in our community. Parks and Recreation Department Broadwell Pavilion Improvements -$50 ,500 -When initially conceived the vision for the park was that it would be a venue for food trucks and a farmers market. Since completion, the idea has not proved to be successful. We now desire to put in an irrigation system and grow grass around the Pavilion. This is estimated at $35 ,000. We will possibly remove two trees as part of this work which is estimated at $8 ,000. Also , we will install fans under the pavilion which is estimated at $7 ,500. Byrd House Alarm System-$3 ,000 Landscaping Services for City Parks-$25 ,000 Reclass Coordinator Position to Manager-$15 ,772 Community Development Conservation Project Manager-$50 ,000 (Part Time basis) Reclassification of City Architect from Grade 36 to 3 8 -$5 ,031 Special Events Fund -As you know the revenue that come into the Special Events funds come in via the Hotel/Motel tax. Please look each event over and make sure there is adequate money allocated. 911-Fund -These are the funds we receive from the wire to wireless revenues and pays for our dispatch relationship with the City of Alpharetta. Very restrictive for what these funds can be used for. Hotel/Motel Tax Fund -This shows where the funds come in from and where they are dispersed out (General Fund and Special Events Fund). Capital Projects Fund Mayor and Council Work Session of the Milton City Council Monday, August I 0 , 20 15 at 6:00 pm Page 8 of 10 • City Hall-increase by $1 ,293 ,850 in both 2016 and 2017. It will be built and occupied by 2017 and that will be the total project fund. • Land Conservation -We started this one last year earmarking dollars toward land conservation. We just extended this out an additional year at $300 ,000. General Administration Police • Vehicle Replacement Reserve -$10 ,000 increase to buy or lease vehicles as we need. • Public Safety Communications -$793 ,206 -We are on the tail end of bringing the radio system online. The authority has moved to retaining one independent contractor for running the system. This is the last year we will have project expenses then we will go into project maintenance mode. • Police /Court Facility -$130 ,000 -It would be programmed to be built and occupied by 2019 . Fire (Highlights onl y) • Station 42 Replacement-$150 ,000 -We are in planning and design this year and have funded that replacement in 2017 at $1 ,410 ,000. • ApparatusN ehicle Replacement -$1 ,628 ,566 was previously allocated. Based upon the formula for the replacement the requested funding for the next seven years is an increase of $350 ,000(2016 -2017), $400 ,000 (2018) and $450 ,000 (2019 -2022). Public Works (Highlights only) • Bridge Replacement Program -$330 ,000 -Continues to build and the next ones we are concentrating on are the bridges across the north end of the city near Birmingham Road. • Crabapple NE Connector Road -We had to split the funding between 2018 ($1 ,300 ,000) and 2020 ($950 ,000) to make it a workable plan. • Intersection -$560 ,000 -Freemanville at Providence and Birmingham -These two intersections we are looking at together because they feed into each other. This is programmed for funding out for three years. Completed by 2018. The next intersections to be worked will be based on the CTP. • Intersection -Hopewell at Hamby -Scheduled for 2021 if CTP aligns with this . • Intersection -Hopewell at Thompson -Scheduled for 2022 if CTP aligns with this. • Pavement Management-$1 ,750 ,000-Stays at the same cost as previous years. • Sidewalk Construction and Repair -$100 ,000 -If you would like to add to this item I ask that you add in incremental dollars that actually make real connections . • Mobile Traffic Control Center -$9 ,625 -New this year and is a precursor to the larger system which will allow us to do diagnostics and some repair work from a Bluetooth connection. We could monitor intersections from here and adjust timings with this tool. This piece this year allows us to see both advantages and limitations to this system before we move it into larger system wide implementation. • Snow Plow -$6 ,000 -Adding an additional snow plow. • Salt/Sand Spreader-$9 ,500-Adding an additional salt/sand spreader. Parks and Recreation (Highlights only) • Utility Vehicle for Bell Memorial Park-$17 ,000-This was defunded last year and now the park is coming online we believe this is appropriate for this year. Work Ses s ion of the Milton City Council Monday, August I 0 , 2 015 at 6:00 pm Page 9 of 10 • Providence Park -$250 ,000 -Work needs to be done in the stream that is breached . The facilities need work. Also , a program needs to be established for this park. Community Development • Gateway Signage and Historic Markers-$33 ,000-With the addition of the new library, City Hall , etc., we need signage to assist the public. The Capital Budget total bottom line number is very feasible this year. None of these dollar figures are out of line and not doable. As you continue to review the budget you will see independent project sheets to clarify further. One thing I would like to readdress is the inter-government agreement in the Parks Department with the City of Alpharetta for the offset of non-resident fees in our parks program. When we entered into that agreement, our thought process was as we brought facilities on board, that the right sizing of these fees paid to each other would occur and at some point in the future , they would balance enough that the subsidy would go away because of bringing equal assets to the table. This year we are bringing more assets to the table than when we started the agreement. We have two additional rectangular fields and a new park with assorted diamond fields. We initially sent word to Alpharetta that we believe there should be a reduction. We made an offer to them knowing they would negotiate. They have asked we speak to their Park and Recreation department this Thursday regarding this matter. I am interested in your perspective. Do you believe we should receive less cost this year because of bringing the new assets online, and if so , is it a deal killer if Alpharetta does not believe we have brought enough online? I do not want to send a staff member into another city 's staff meeting without knowing what our direction is. Councilmember Thurman Do we have the number of Milton residents participating in Alpharetta sponsored programs? City Manager Lagerbloom Yes we do and we can get that information to you. Those numbers look very different this year because we had a lot of Milton people leave to go play baseball in Alpharetta because we did not offer a baseball program this year. Councilmember Hewitt Is it all based off a formula ? City Manager Lagerbloom Yes it is . The multiplier of 1.5 has been used in the past. After we have brought online our fields I would think that the multiplier should be south of 1.5 but not sure by how much. I want to make sure before we meet with Alpharetta, what the multiplier should be now with the addition of our new assets. As well as , know how to react if Alpharetta does not agree that the multiplier should be reduced. I do believe the 1.5 number was a subjective number we started with originally. Councilmember Kunz What is that costing us now? City Manager Lagerbloom It is costing us $300 ,000-$400 ,000 per year. Work Session of the Milton City Council Monday, August I 0 , 2015 at 6:00 pm Page 10 of 10 Councilmember Thurman How much would it cost us if we just reimburse our citizens for the out of pocket fees that they pay to play out of Alpharetta? City Manager Lagerbloom 50% less than what it is costing us now. The problem I struggle with is I do not know how to start and stop that. You end up with a subsidy you pay to a family who has a kid who is playing out of Alpharetta. It looks like a "gratuity ". Councilmember Hewitt There is a lot we do with Alpharetta so I do not want to jeopardize anything if they will not agree to lower the 1.5 multiple. City Manager Lagerbloom Would you all like a councilmember to attend this meeting along with staff? If so , would you like to select who it is? Councilmember Hewitt I am fine with just staff attending. City Manager Lagerbloom If Council is comfortable with staff representing us , then we will meet with Alpharetta and report back. When it gets to the point where they present it to their City Council , I will probably request a member of our City Council be there. Some additional announcements: Ribbon Cutting for Bell Memorial Park is September 11th. Later in September there will be a Grand Opening of the Bell Memorial Park inviting families to come see the new park. Look for details on that. We need to name the street that City Hall is going to be built on and pick the number sequence for it. Please begin to think of that and also remember we will be sharing that road with se ven other homes. Date Approved: September 9, 2015 Sudie AM Gordon , City Clerk