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HomeMy WebLinkAboutMinutes CC - 08/20/2015 - MINS 08 20 15 SC (Migrated from Optiview)Special Called Meeting of the Milton City Council Monday, August 20, 2015 at 9:25 pm Page I of4 ~ --~----------------------------- 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 Special Called Meeting of the Mayor and Council of the City of Milton was held on August 20, 2015 at 9:25 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk , Councilmember Hewitt, and Councilmember Mohrig. Councilmember Absent: Councilmember Longoria Mayor Joe Lockwood called the meeting to order at 9:25 p.m. PLEDGE OF ALLEGIANCE (L ed by Mayor J oe Lockw ood) APPROVAL OF MEETING AGENDA (Agenda Item No. 15-230) Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. PUBLIC COMMENT PUBLIC HEARING 1. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing 60 Day Moratorium (expires September 4, 2015) 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. 15-231) (Ken Jarrard, City Attorn ey) Regular Meeting of the Milton City Council Monday, August 20, 2 015 at 9 :2 5 pm Page 2 of4 Ken Jarrard, City Attorney You have in front of you this evening a potential extension of the moratorium for an additional 60 day period. The current moratorium that has been in place prohibiting the acceptance of applications for conceptual plan approval and land disturbance permits for 10 acres or more of undisturbed , residential property in the R-1 , R-2 , T-2 and AG-1 zoning districts , expires September 4. If the council adopts this resolution , it would be for another 60 days extension or until November 3 , 2015. PUBLIC COMMENT Walter Rekuc, 615 Scarlet Oak Trail, Milton, Georgia 30004 I am in opposition for any kind of extension. I think this is a case where we should just let this issue die. So many things are discussed in many other governments that are similar to this issue without a moratorium . There is no reason for a moratorium. I know of no financial reason or emergency or health reason why issues like this are being decided and a moratorium has to be established. This is a situation where you basicall y stopped development in the city for multiple months and this is not something that is done in any other jurisdictions that I am aware of. I do not understand why this is being done. Again , I would hope the council would reconsider any further extension or moratorium and allow people to go ahead and develop. Thank you . NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing 60 Day Moratorium (expires September 4 , 2015) 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. 15-231) (Ken Jarrard, C ity Att orn ey) Ken Jarrard, City Attorney Same as I stated earlier. Councilmember Kunz I would change the 10 acres for the moratorium to 20 acres since that is what we are talking about with the CSO . Councilmember Thurman And get rid of the T-2. Ken Jarrard, City Attorney In fact the City Manager raised that to me this afternoon. The answer is yes , because by increasing the acreages you are making the moratorium less restrictive. The council has done what it can to narrowl y tailor the moratorium as it has progressed and made it less restrictive. Councilmember Hewitt Is the vote on this CSO September 21 , 2015? Regular Meeting of the Milton City Council Monday, August 20, 2015 at 9:25 pm Page 3 of4 Kathleen Field Yes. Councilmember Hewitt I would be more in favor to go to that date. Would it expire automatically upon that date? City Manager Lagerbloom It does expire as an operation of law. Councilmember Thurman The enhanced AG-1 is going to influence this as much as the CSO that is not mandatory, so this needs to either go through when the enhanced AG-1 does or we need to lift it. Mayor Lockwood In my opinion, we have had a moratorium that I have not been in favor of for six months, based on the CSO. I think the reasons and concerns were from the unknown and we were afraid people would start developing to get something in prior to CSO . I think as we have worked through this process and found out tonight that it will be optional , it is my opinion to deny this moratorium and move forward. Ken Jarrard, City Attorney If the council does not approve the resolution, then this moratorium will expire on September 4, 2015. If you extend it, it will go 60 days past September 4 , 2015. To Councilmember Thurman's point, we would probably have to come back, if you want to capture the enhanced AG-1 and make that part of this. We would have to do that at another separate public hearing because we did not advertise that tonight. Councilmember Mohrig If we are talking about it being optional but are also talking about looking at how to do larger subdivision development, do we just lift the moratorium or do we make changes with 20 acres or more and keep the moratorium in place until CSO is resolved? Mayor Lockwood It is not like the CSO resolve is going to be that soon. City Manager Lagerbloom Let me give you some dates so you can process it better. If this moratorium were to extend , based on how it is presented, it will expire on November 4 , 2015. The earliest I can have the enhanced AG-1 for your consideration is November 16 , 2015, so a difference of 12 days. If the desire of the council is to cover those 12 days, we will not be able to do that tonight. Councilmember Lusk However, if we pass the CSO on September 21 , 2015 , will the moratorium expire on that day? Ken Jarrard That is correct. And you would have to introduce another moratorium that evening to cover it through till November 16 , 2015. Regular Meeting of the Milton City Council Monday, August 20 , 2015 at 9:25 pm Page 4 of4 Councilmember Lusk Could we institute another moratorium in the meantime to cover the period up to November 16 , 2015? Ken Jarrard The answer is yes. Councilmember Thurman My philosophy is government should not try to control how you live but help you live better. This has been going on for six months so at some point .... Councilmember Kunz I would like to see us keep something in place until we have the vote on September 21 , 2015. I think we owe that to the people . Mayor Lockwood I agree with your point if it was mandatory ... being it is optional now .... Motion and Vote: Mayor Lockwood moved to deny Agenda Item No. 15-231. Councilmember Hewitt seconded the motion. The motion passed (5-1). Councilmember Kunz was in opposition. Councilmember Longoria was absent from the meeting. ADJOURNMENT (Agenda Item No. 15-232) Motion and Vote: Councilmember Thurman moved to adjourn the Special Called Meeting at 9:39p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. Date Approved: September 9, 2015 Joe Lockwood ,~