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HomeMy WebLinkAboutMinutes CC - 10/19/2015 - MINS 10 19 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, October 19 , 2 015 at 6 :00pm Page 1 of21 Thi s summary is provided as a convenienc e and servic e 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 summary form . Thi s 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 October 19, 2015 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for the City of Milton Police and Fire . CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Thurman , Councilmember Kunz , Councilmember Lusk , Councilmember Hewitt , and Councilmember Longoria. Councilmember Absent: Councilmember Mohrig . PLEDGE OF ALLEGIANCE (L ed by Mayor Joe Lockw ood) APPROVAL OF MEETING AGENDA (Agenda Item No. 15-265) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda. Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. PUBLIC COMMENT Brenda Hemphill, 12960 Highway 9, Milton, Georgia 30004 I just wanted to come here tonight to thank you for Katy 's Car Wash being part of the City of Milton since it was formed. I think we were one of the first people to ever get a CO in this town. Katy's has always been a part of Milton and we have lo ved that. Our vision was to be a small , family owned and community involved business. I think we succeeded with that. We supported the Police Department by washing the vehicles from day one. We added the little white trucks after that but we never attempted to do the fire trucks. I wanted to say thank you because at the same time I want to say good-bye . I know all of you on Council from different venues or committees and I want you to know it has been just a joy for us to be part of this city . We got to grow with you and it was an opportunity that was priceless. The good news is the new owner is a local individual who owns a couple of more washes than I did but who is involved in the community. We have been giving him all the information from the local schools that Re g ular Meeting of the Milton City Council Monday, October 19 , 2 015 at 6 :00 pm Page 2 of21 we participated with , as well as , the people. I am hoping Katy 's legacy , even though the name will change , will live on as a community business that will always enjoy being part of the city that we enjoyed. Thank you very , very much. I am sure I will see some of you and keep in good touch with you going forward. Thank you again for letting me be part of committees and a part of this city. Mayor Lockwood Brenda, I want to thank you for all the past years as a business owner in Milton . It has been an honor to have Katy 's as part of our city. CONSENT AGENDA 1. Approval ofthe September 21 , 2015 Regular City Council Meeting Minutes . (Agenda Item No. 15-266) (S udie Gordon, City Clerk) 2. Appro val for the Purchase of an Aerial Fire Apparatus as a Replacement for the Current Fire Line Unit. (Agenda Item No. 15-267) (Robert Edgar, Fir e Chief) 3. Approval of a Professional Services agreement between the City of Milton and ARCADIS U.S., INC. for the "Milton Stormwater System Inventory -FY15 Update". (Agenda Item No. 15-268) (C arter Lucas, Assis tant City Ma n ager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting . REPORTS AND PRESENTATIONS 1. Update on City of Milton Comprehensive Transportation Plan. (C arter Lu cas, Ass is tant City Manager) Carter Lucas, Assistant City Manager Tonight is one of the first installments on our update of the Transportation Master Plan that we have kicked off this year. We have representatives from Kimley-Hom , plan designers , with us tonight to give you the first installment. Also , I would like to introduce Marissa Marshall , who is an intern from Milton High School and has been instrumental in helping us get our stats together for this report. Christina Pastor and Mark Eatman are here from Kimley-Hom to give you an update on where we are with our Transportation Master Plan. Cristina Pastore, Kimley-Horn Consultant I am serving as the project manager for Kimley-Hom on this project. We are very excited about being here tonight. You may remember that I was part of the 2009 CTP and it is very exciting to be back to be able to work with the community, staff and to see so many familiar faces on the elected leadership . Additionally , Mark Eatman is here tonight with me. Mark just actually joined us a few months back and he came from MARTA where is worked on the Connect 400 plans , so he has a lot of great knowledge Regular Meeting of the Milton City Council Monday, October 19 , 2015 at 6 :00 pm Page 3 of21 and background on North Fulton. Tonight's purpose is to give you an overview of what we are going to be doing as part of the Transportation Plan. But before we get started , I wanted to talk to you about some of the progress since the last plan. Carter wanted us to be able to look back to 2009 and see where we stand relative to transportation since that time. So you have a copy of our diagnostic report. One of the first things you see with the report is traffic growth. There is a map there that gives some background. Back in 2009 , we used a model that was developed by the Atlanta Regional Commission called a travel demand model. This is typically used in long range planning efforts. We look out from 2010 to 2030 and project what transportation is going to look like by taking into account population , employment, etc. We used this tool and average that growth over 20 years as our first starting point. Then we looked at what traffic actually looked like over the course of the last five years. The dots on the map are places where the Georgia Department of Transportation collects traffic counts every year. We looked at the last five years from 2010-2015 and averaged the growth that has happened within the last five years and compared it to what we expected to see in the travel demand model. As you can see and are probably happy to see , most of the locations across Milton were actually lower than what we expected to see in the model. So the projects you have been implementing over the past five years , still hold true and will continue to serve you moving forward. Now looking at those projects you have implemented over the last five to six years , I can honestly say I am very pleased and you should be as well. The amount of work as a council and as a staff over the last five years is really quite tremendous with the transportation improvements. Milton's accomplishments since the 2009 Comprehensive Transportation Plan: • Projects -A total of 3 0 intersection projects were recommended in the 2009 CTP. Of those projects , 12 are completed or are currently under construction and another 17 have initial concept work and funding requests underway. That is tremendous amount of progress in such a short period of time . There are a lot of really great things happening here in Milton. • Roadway maintenance -This is one of the top priorities to citizens. When we look at what Milton has accomplished in the last five years , you can see that Milton has almost paved 44 miles of roadway, repaired nine bridges and replaced two. GDOT has also come and repaved parts of Birmingham Highway as well. • Bicycle/Pedestrian Projects -In the last five years , the City has added 1. 7 miles of multi-use paths , 13.4 miles of sidewalks , and .6 miles of bike lanes , as well as, pedestrian improvements at nine intersections and nearly 12 miles of pavedlbikeable shoulders . • Corridor Projects-These take longer and are more challenging. SR 9 serves as a vital alternative to GA 400 along Milton's outer limits. Widening design for SR 9 (led by GDOT) began in 2013 and is programmed for right-of-way-acquisition in 2019 and construction in 2022. • Policy Implementation -Milton recently approved an Impact Fee program that was studied for viability in the 2009 CTP. Other policy implementations include requiring bike racks in all new non-residential developments , using flexible street designs standards, and incorporating traffic calming measures throughout the City . Looking forward: We started the transportation plan approximately in August. The first couple of months we try to make sure we have a robust public engagement process and also working on the initial inventory of existing conditions. The back of your diagnostic report contains a timeline for the overall schedule. We are in the midst of doing a lot of the early inventory work by updating what was done in 2009 until today. Following that we will be moving into our needs assessment phase where we look at our current conditions and then look out another 25-30 years , evaluating what our needs will be regarding Regular Meeting of the Milton City Council Monday, October 19 ,2015 at 6:00pm Page 4 of21 transportation. The final phase is going to be our recommendation phase, where we develop a list of draft projects and policies and bring them out to the community for discussion. Along with having a robust technical process , you must have a very open and honest conversation with the community. We are offering many opportunities for this to take place and allow the community to provide input. There will be a public meeting held November 18 , 2015 at the Milton Public Library. This will be the first opportunity to discuss vision , priorities for the community and where do people see the needs. Another traditional style public meeting will be held in the spring where we are going to present a list of draft recommendations to try to understand what people think of the recommendations we developed and for them to give us feedback . We also will have four different community events planned. The first two are football games , Milton vs. Alpharetta game back in August and October 30 , 2015 we will be at Cambridge High School for the football game that night. In the spring , we will be at Bell Memorial Park and the Milton Hometown Jubilee. Additionally we will be conducting three focus groups: bicycle , pedestrian and one with a larger inclusionary focus , particularly open to those with disabilities who may have different challenges regarding transportation. Finally, we have included a very strong online component for our community to engage in that will be built off of your webpage , Twitter and Facebook sites. We have a lot of great opportunities and look for you and the city to be involved in the process. Mayor Lockwood Thank you for everything you have done. For those of us who have been here , some of us from day one and others for quite a while , it is interesting that we have all had to learn that in government sometimes it takes a lot longer to get things done than on the private side. However, over the last couple of years it has become rewarding to see the things that we have been working on for nine years and some of those things have taken five or six years to even get started. In reviewing your information tonight , we have certainly accomplished a lot over the past almost ten years. Councilmember Lusk You were asked to look into a feasibility study to connect into the Greenway . Could you please go over the results of that study? Cristina Pastore The early work that we have done so far was specifically for McGinnis-Ferry. We did advance to the beginning in light of the public meetings , etc . that were happening. We actually did some early work on the McGinnis-Ferry interchange testing and looking at some of the other improvements that need to be made to make sure that Milton is not being overrun with additional traffic that you are not quite ready for. We will be looking at the connection over to the greenway as a part of this process . We have not done that yet but it will be a part of one of the projects that we test moving forward. FIRST PRESENTATION (N on e) PUBLIC HEARING (N on e) Regular Meeting of the Milton City Council Monday, October 19 , 2015 at 6:00 pm Page 5 of21 Zoning is transcribed verbatim ZONING 1. Consideration ofRZ15-14fU15-04NC15-03-3503 and 3505 Bethany Bend by Wisdarium, LLC-To Rezone from 0-I (Office-Institutional) and AG-1 (Agricultural) to 0-I (Office- Institutional) and aU se Permit for a Private School (Sec. 64-1831) to Expand the Existing School from 2 ,000 Square Feet to 8,000 Square Feet for up to 150 Students. A Two-part Concurrent Variance to Reduce the 50 Foot Undisturbed Buffer and 10 Foot Improvement Setback to a 20 Foot Landscape Strip along the North Property Line [Sec. 64-1091(a)] and to Reduce the 100 Foot Setback for Recreation Areas to 20 Feet along the North Property Line [Sec. 64-1831(b)(4)]. (Agenda Item No. 15-262) ORDINANCE NO.lS-10-260 (First Pres entation at October 5, 2015 Regular City Co uncil Mee ting) (Kathleen Fi eld, Co mmunity Developm ent Dir ector) Kathleen Field, Community Development Director Thank you, Mr. Mayor and members of the City Council. We have an aerial photo showing the site in red . As you can see, there are two parcels there. Current zoning shows that the one in red is zoned 0-I but the one above it to the north is zoned AG-1 and the request is to zone the entire parcel 0-I. The revised site plan was submitted on September 23rd of this year. I will run through some ofthe elevations to show you. These elevations were a result of working with the City Architect and taking the DRB comments into hand for the redesign of this building to reflect these elevations. In terms of the subject site , the subject site contains 2.89 acres and is developed with the 2 ,000 square foot Red Apple Montessori school at 3505 Bethany Bend, zoned 0-I pursuant to Z03-152 approved for a day care in the existing building and a total of 50 students. The subject property at 3503 Bethany Bend is a single family residence zoned AG-1. The property at 3503 had been a part of a larger assemblage to rezone to TR for 71 townhomes pursuant to RZ14-15NC14-04 but was withdrawn on April 27 , 2015. This property is located within the SR 9 Overlay District and not the Deerfield Form Based Code area. In the applicant's letter of intent, he states that he requests to expand the current capacity of 50 students to 150 students. In addition, the school will serve not just the current pre-school but include elementary school classes, thus the requirement for a Use Permit for a Private School. The expansion will require the adjacent property at 3503 Bethany Bend with a newly constructed 6,000 square foot building. The added classes will require an additional 10 teachers . Site plan analysis: Based on the applicant's revised site plan submitted on September 23 , 2015 to the Community Development Department offers the following considerations: Development Standards; the site plan indicates compliance with the development standards for 0-I (Office-Institutional). The applicant is requesting this zoning district for those students who are less than 4 years in age which requires a day care facility and is allowed by right within the 0-I district. However, the school aged children require a use permit. Staff has evaluated the existing and future right-of-way requirements based on the revised site plan received on September 23 , 2015 and is in compliance with the minimum building setback of 40 feet for the proposed new building along Bethany Bend. Development Standards as they relate to a private school use permit: the site plan indicates compliance with the development standards for the Use Permit with the exception of the following: to reduce the 100 foot setback for recreation areas to 20 feet along the north property line. It is staffs opinion that the proposed reduction of the setback to 20 feet would not have a negative impact on the adjacent property based on the fact that it will be developed with a much more intense use. Additionally, relief, if granted, would not offend the spirit or intent of this zoning ordinance. Therefore, staff Regular Meeting of the Milton Ci ty Council Monday, October 19 , 2 015 at 6:00pm Page 6 of 2 1 recommends APPROVAL CONDITIONAL ofVC15-03-Part 2. State Route 9 Overlay District: Staff notes that the proposed new building will also need to compl y with the State Route 9 Overlay District prior to the issuance of a building permit. The re vised site plan recei ved on September 23r d does show the required sidewalks along Bethany Bend and Morris Road to be a minimum of si x feet in width. At the time the land disturbance permit is submitted , the applicant will need to show the sidewalk on the plan. The site plan shows compliance with the State Route 9 Overlay District with the exception of the following which requires another variance VC 15-03 -Part 1 -Reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 20 foot landscape strip along the north property line. . It is Staffs opinion that the proposed reduction of the buffer to a 20 foot landscape strip would not have a negative impact on the adjacent property based on the fact that it will be developed with a much more intense use. Additionally , relief, if granted , would not offend the spirit or intent of this zoning ordinance. Therefore , Staff recommends APPROVAL CONDITIONAL of VC15-03 -Part 1. Landscape Strips and Buffers: the Site Plan is compliant with the following required landscape strip and buffers as required by the State Route 9 Overlay District. Fencing: the Overlay requires a black four board equestrian fence , not exceeding 55 inches in height along Bethany Bend and Morris Road . The fencing is shown on the re vised site plan. The applicant has not indicated the type and height of fencing to be used to enclose the play areas on the site , however, the fence type and height shall comply with the State Route 9 Overlay District. Environmental Site Analysis : In reference to the Environmental Impacts to the site , it satisfies the requirement of Section 64-2126. Arborist Comments: there will be no specimen trees impacted by the newl y de veloped building or parking . Based on a field visit , the City Arborist noted that there is a small area of wetlands on the site , but not within an y disturbed area. This is a breakdown of the fiscal impact and the present value of the annual net fiscal impact on this site. Over twenty years it is $65 ,128. In terms of public in volvement ; on June 23 , 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four members of the community in attendance. The community asked the applicant some general information questions about the project. The applicant submitted a public participation report on September 17 , 2015 . The meeting was held on September 14 , 2015 and there were 4 people who attended. They were not opposed to the request and there were no issues to resolve. There was a meeting of the City of Milton Design Review Board on July 7th and there were several comments that emanated from that meeting. To condense their comments , they felt like the structure did not have the Milton look. Subsequently , staff notes that the applicant worked closel y with Staff to address the DRB ' s comments . The report includes the latest building elevations in response to the DRB and Staffs direction regarding the design of the building and those elevations I did share with you earlier in this report. Also , the site plan has been re v ised to address the DRB 's comments as I mentioned. Standards of review: The proposed expansion of the existing Montessori school at a density of 2,759 square feet per acre is suitable based on the adjacent and nearby developments. The City of Milton approved their 2030 Comprehensive Plan recommending High Density Residential at 3 to 5 units per acre in 2011 based on the city 's vision for the area and for the subject parcel currentl y zoned AG-1. This chart essentiall y breaks down on the neighborhood surrounding uses and their densities. This next one is a visual of that chart . It is Staffs opinion that the proposed expansion of the Montessori School will not adversel y affect the existing uses of adjacent or nearby properties if approved with Staffs recommended conditions. If developed with the recommended conditions , Staff does not anticipate an excessive or burdensome use of existing streets , transportation facilities , or utilities. The proposed expansion is partially consistent with the Comprehensive Plan. In addition , the proposed development is consistent with the following plan policies: We will support programs that retain, expand and create businesses that provide a good fit for our community's economy. Also , that we support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. It is Staff s opinion that since the adoption of the Plan, the surrounding development of high density Regular Meeting of the Milton City Council Monday, October 19 , 2015 at 6:00pm Page 7 of21 residential and especially the commercial development to the east in Forsyth County and the increased traffic in the area have changed the character of this area. Use permit considerations: the proposed development is located in both the Commercial and Service land use category on the City of Milton 2030 Comprehensive Plan Map. The subject site is compatible with the adjacent and nearby land uses and zoning districts based on the existing zoning on a portion of the property , an approved senior living facility at a density of 20 units per acre to the north , residential development ranging from 4.99 units per acre (Hidden Forest) to 12 units per acre (The Preserve at Deerfield). The proposed use's effect on the traffic flow , vehicular, pedestrian, along adjoining streets should be mitigated with the location of the entrance, a required left turn lane into the property and required sidewalks. The off street parking is located on the sides and rear of the existing and proposed buildings which is the appropriate location as required by the State Route 9 Overlay District. And , you see at the bottom of the page here the total number of required parking spaces for the use at 20 and the total provided is also 20. There is a large amount of protective screening to the west adjacent to the Hidden Forest Subdivision. The hours of operation proposed are Monday -Friday 7:30 am -6:00 pm. It is Staff's opinion that the above mentioned hours and days of operation are reasonable for the proposed use. The site plan indicates a one way in and a one way out for ingress and egress to the property. This allows the student drop off and vehicular turnaround be provided so that the flow of traffic remains forward in motion. Conclusion: The proposed development is partially consistent with the 2030 City of Milton Comprehensive Plan 's suggestion of High Density Residential developed at 3 to 5 units per acre and Retail and Service. Based on the fact that there is higher density residential adjacent to the north , southwest and east within the City of Milton and retail commercial to the east in Forsyth County , it is Staff's opinion the proposed rezoning from AG-1 and 0-I to 0-I is appropriate and therefore, recommends APPROVAL CONDITIONAL of RZ15-14 and U15-04. In addition , Staff recommends APPROVAL CONDITIONAL of PARTS 1 AND 2 OF VC15-03. The Planning Commission reviewed this application at its meeting on September 23rct. The Planning Commission recommended approval/conditional as presented by staff but asked that the days and hours of operation for the school be included in the conditions. This was passed unanimously (6-0). Recommended Conditions: To the owner's agreement to restrict the use of the subject property as follows: • Restrict the use of the subject property to a private school and day care facility in the existing structure and proposed 6,000 square foot structure not to exceed 8,000 square feet in size at a maximum density of2,759 square feet per acre, whichever is less, based on the total acreage zoned. • Restrict the number of students to 150. • Restrict the days and hours of operation to Monday through Friday 7:30 am-6:00pm. To the owner 's agreement to abide by the following: • To the revised site plan received by the Community Development Department on September 23 , 2015. • Prior to the issuance of a Certificate of Occupancy , comply with all regulations of the Georgia Department of Early Care and Learning. • Provide a 20 foot landscape strip along the north property line. • Provide a 20 foot setback for recreational areas along the north property line . • Provide a 20 foot setback for recreational areas along the north property line. • Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary. • Provide installation/modification of the following transportation infrastructure according to Chapter 48 Streets , Sidewalks and Other Public Places of the City of Milton Code of Ordinances. Regular Meeting of the Milton City Council Monday, October 19,2015 at 6:00pm Page 8 of21 • A storm water management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. And , that is my presentation, Mr. Mayor. Mayor Lockwood Are there any questions for Kathy from council? Councilmember Lusk Kathy , in the environmental analysis , I noticed there is a stream onsite and the structure sits pretty close in elevation to the floodplain. How does the finished floor elevation relate to the intermediate flood? Kathy Field We have not received any of the building plans at this point. They will not be prepared until after the zoning is in place. In terms of the existing building, however , the owner and the applicants are here and perhaps could respond to that question. Councilmember Lusk How close is the structure going to be to this stream and the stream buffer? With the scale we are looking at here, it is hard to determine that area. This just shows the existing conditions with the existing structure on it, it does not show the proposed structure in relation to ... Robyn MacDonald, Zoning Manager The proposed structure is not in the stream buffer. Councilmember Lusk How about the relationship with the floodplain? Robyn MacDonald It is also outside of the floodplain, as well. The applicant's engineer is here so you could ask him specifically. Mayor Lockwood We will address that when we get to that point. Councilmember Lusk I have one other question in regards to conditions , it is 4al , 4ai and 4aii in the owner's agreement: Provide at least 35 feet of right of way from the center line of Bethany Bend along the entire property front entry then ii says it is reserved 45 feet of right of way from the center line along the entire property front entry ... Carter Lucas, Assistant City Manager One is a dedication and one is a reservation. Mayor Lockwood Are there any questions for Staff? Councilmember Thurman I have two questions. On the financial study, did that include the new Impact Fees? Re g ular Meeting of the Milton City Council Monday, October 19 , 2015 at 6:00 pm Page 9 of 2 1 Kathy Field No , that is not in there. But , you are right. We do need to update our fiscal analysis to also include that. Councilmember Thurman My second question pertains to property near or adjacent to the daycare that might be zoned for a restaurant , etc. posing a problem of serving alcohol near a daycare/school. Robyn MacDonald No , everything is residential. I know across Forsyth there is a large development but I do not think that would apply and I think it is pretty far away once the buildings are there. Mayor Lockwood Are there any more questions for Staff? I am going to open it up for Public Comment. PUBLIC COMMENT Eric Ware, 2915 Thornbriar Road, Atlanta, Georgia 30340 I am working as a designer on Red Apple Montessori School project. You had questions about how far we are from the buffer. One buffer I did retain from the surveyor is really not a stream. There is no running water and is labeled as a drainage ditch. I know it is hard to see at the scale you are looking at tonight. The man , who currently owns the property that we are going to put the building on , told me it was probably put in there when these residences were de veloped . We are observing a 25 foot buffer, even for that ditch, because it was provided to me by the surveyor and seemed reasonable to keep. There is a little block there that is near a tree that is sort of a footbridge , which is just muddy ground from there to the next footbridge. So again , there is never running water there until it rains hard enough to have watershed during a particular event. Mayor Lockwood Sudie if you will take notice of the clock. For your sake , Mr. Ware , feel free to make your presentation and then we can answer the questions later, so it does not eat into your time. I want to give you your full time. We can adjust the clock a little bit so you can use the time as you wish. Eric Ware I have an updated landscape plan, since Milton has a requirement of landscaping the front of the property . Regarding the fence , at this point in time I called it a security fence but we are willing to go along with whatever guidelines required for this . School Board requires you have a fence that can secure an area, so it has to go eight feet and typically that is chain link but there are things you can do to disguise a chain link fence. This can come to conclusion when we do our Plan Review with Milton. Mayor Lockwood I think we can follow those ordinances and adjust it to be secure. Eric Ware A final note that regards elevations , I have raised it roughl y four feet above flood level there from the 100 year floodplain. Best I can tell a 100 year floodplain is running at 1028. The floodplain line is supplied to me from the surveyor. It does not necessarily match the topo of the 1028 but it follows it pretty close , which seems a little odd that it is not following the contour. This is what I have noticed Regular Meeting of the Milton City Council Monday, October 19 , 2015 at 6:00 pm Page 10 of21 studying the two. Obviously my drawing does not show all the different topographies because it gets really messy to try to read with that all included. I will open it up to questions . Mayor Lockwood Is there any other speaking in support? Sudie Gordon, City Clerk Only as needed. Mayor Lockwood Is there anyone speaking in opposition? Sudie Gordon No. Mayor Lockwood Then I will close the Public Hearing portion. Are there any questions for the applicant? Councilmember Kunz I am sure the hours of operation have been determined for the school , my question is in the summer are you open or what would the hours be? Eric Ware Basically , it is operating typical hours except for special occasions like a Christmas Party or Open House. Typically, no one will be working late. Employees will be there until the children are gone. Councilmember Kunz How would we handle those occasions, i.e., Open House? City Manager Lagerbloom The facility would be allowed to operate during hours of operation. To deviate from those hours , we would need the deviation to be official and clear to enforce. Maybe Ken could craft some language where under certain circumstances when the facility may host a party, open house , the hours of operation would be deviated. Mayor Lockwood Wouldn't the hours of operation suffice because that is when they are operating normal business during those hours? To me when an event might take place that is not carrying on normal operating business , wouldn 't that be clear enough that you would not have to create special language ? City Attorney Ken Jarrard Yes , but you get into the normal zoning condition that becomes a regulatory enactment that has to be enforced by someone, so it will always have to have a little discretion. It is hard to sit here and think about five years down the road and make sure we pick up everything . So , to the extinct we want to call hours of operation the normal and ordinary hours the school conducts school/business that would be fine. Then just put in some flexibility such as this shall not prevent special activities or special event programming. Regular Meeting of the Milton City Council Monday, October 19 ,2015 at 6 :00pm Page II of21 Mayor Lockwood Does that make sense to all? Eric Ware Yes. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 15-262 with conditions recommended by staff. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. End of verbatim transcription UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Appendix A , Parks and Recreation Fees and Other Charges, Chapter 34 , Section 24 of The Milton City Code. (Agenda Item No. 15-263) ORDINANCE NO. 15-10-261 (First Pr esentation at October 5, 2015 Regu lar City Co un cil Mee tin g) (Jim Cr egge, Parks and Recr eation Director) Jim Cregge, Parks and Recreation Director What you have before you is a request to amend our fee structure for Parks and Recreational related rental properties in accordance with Chapter 34 of The Milton City Code . The changes include: • Adding three opportunities for field rental: artificial turf field without lights , artificial turf field with lights , and the meeting room at Bell Memorial Park. The Parks and Recreation Board discussed this and unanimously approved it. Price and structure was gained by contacting surrounding communities and comparing their price and structure against the total volume of facilities they had to rent. We are asking for your support on this amendment to Chapter 34. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-263 . Councilmember Thurman seconded the motion. The motion passed unanimously ( 6-0). Councilmember Mohrig was absent from the meeting. NEW BUSINESS 1. Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Revised Facility and Fields Use Polic y. (Agenda Item No. 15-269) RESOLUTION NO. 15-10-349 (Jim Cregge, Parks and Recr eation Director) Regular Meeting of the Milton City Council Monday, October 19 ,2015 at 6 :00pm Page 12 of21 Jim Cregge, Parks and Recreation Director Before you tonight are the previously adopted Facility and Fields Use Polic y which guides us on how we rent our facilities. We are making the following changes: • We added the rentals that you just agreed to and made them part of the fee schedule. • We have added language to permit us to enter into the opportunity of some season long rentals in programming that we do not normally offer. For example , make the turf fields available Sunday mornings to the local cricket organization that would like to use these facilities . Previousl y, the language that existed in the Field Use Policy would have prevented that. We worked very closely with the Parks and Recreation Board and the City Attorney to come up with this agreement. We would like to make our fields available to as many citizens as possible. Councilmember Kunz The fees I do not have a problem , they seemed pretty in line. I assume the * marks were field rates that we are talking about with the City of Alpharetta or similar to what they did at North Park , $75/hour? Jim Cregge Yes. Councilmember Kunz This is higher than before , but I know inflation has kicked in. The one thing I had a concern on with this item number one on the rental request was the language that was there: A request for a program or athletic sport already offered by MPRD or its partners will not be considered. Obviously, that was the phrase for the red line that we struck out and added the new language down below. My concern with that is if someone wanted to use our field space for lacrosse and we already have an existing athletic sport , Eagle Stix , I do not think they should be disqualified. What is the reasoning behind that? Jim Cregge First, item one has not changed and has been previousl y agreed upon by the Council. Secondl y, the concept behind here is that we establish partnerships with our program providers. And as such , Eagle Stix and Hopewell Baseball who contributed $100 ,000 to the city, we want to preserve that partnership and do not want to create a situation where they are in effect in competition, when we are their program partner. Mayor Lockwood As you all know , we picked the youth football program and we discussed field space , in general , between Alpharetta and others. We talked about if there was time available. How would that fit with the other football provider needing field space if we had some open? Jim Cregge I think we would create somewhat of a chaotic situation since we have endorsed a program provider to be our recreation program and if we bring in other organizations , the concept doesn 't work in support of their efforts to grow their organization. Of course , we have program partners so we want them to grow and be successful. Councilmember Hewitt It would be as if we had our own in-house programs and we allowed other programs to come in without any skin in the game. Re g ular Meeting of the Milton City Council Monday, October 19 , 2015 at 6 :00pm Page 13 of21 Jim Cregge Exactly , because each of these organizations have to go through a series of background checks , standardized training requirements , mandatory concussion training , etc. We put a heavy burden as well as insurance on all of our program partners. If we start offering any available space to any organization that comes along , we are not able to hold them to that same standard. Councilmember Kunz I understand what you are saying ; we have certain standards that we have established with our program partners , however, I also think that if someone off the street wanted to rent a baseball field for a party or to play a game , we are judging them based on the use of the field. We are not actively recruiting them to use our fields. But, should we restrict someone just because of who they are? In my mind , that is what we are doing. I have a concern that if someone approached us and wanted to reserve the field on a first come/first serve basis ; and we could establish some stipulations on how they use the field in regards to safety and maintenance, but I don 't like us automaticall y excluding individuals because of their affiliations. I have a big concern with that. If that is how it is currentl y written , I think it needs to be changed. Councilmember Lusk Jim has mentioned that we have made our partners go through strenuous background checks , training , etc. so it would be di fficult for us to allow someone to just walk up and use our fields without having to go through the proper approval procedures. Councilmember Kunz The main advantage that our program pro viders have is marketing. Other programs that are not affiliated with the city do not have that same marketing advantage. They have to pay for their own marketing and insurance. I can see how we might need to require a program to have insurance when using our fields but just to say that no other programs, other than our approved programs , can use the fields is not acceptable to me. Jim Cregge As an example , a child does not make a travel team . His dad decides to gather eleven other boys and create his own travel team. He then wants to use the city fields for his program. To me , this is not acceptable because the city has already established program partners and we need to support our program partners and encourage those programs to grow. The city partners support us and, in turn , we support them. By allowing just any program to use our facilities ; programs that have not gone through the stringent background checks and mandatory training that we require , is not conducive to the relationships that we have with our already established programs . Mayor Lockwood I think we need to separate the two concepts; running a program and occasional field use. I thought that in our previous discussions when we were deciding on a football program to partner with the city that we had agreed that if there is available field space that is not being used then it could be used by other groups. Jim Cregge I do not recommend doing that. It would be equivalent to allowing a business competitor to use your office space when you are not using it. We have established partnerships and I want to be a good partner since those programs , in return , are good to the city . Our programs are paying a commission to Regular Meeting of the Milton City Council Monday, October 19 , 2015 at 6 :00 pm Page 14 of21 the city and trying to grow their programs. I do not think it is a good policy to bring in competitors. If we are not happy with how one of our partners is running their program, we do not have to renew their contract at the end of the year. It we have a request for a one-off situation such as a birthday party or one fun game day; then we could consider that. However, I do not agree with allowing competitors to use our fields on a regular basis. Mayor Lockwood I agree with the concept of allowing one-off situations . I think we should allow our fields to be used, if available , for special circumstances and unique one-time situations. Councilmember Longoria Jim, do you think we are going to have a lot of time available when our fields are not being used? Jim Cregge No , not at all. Councilmember Kunz Aren 't the fields public property ; city property , and therefore available to everyone? City Attorney Jarrard Yes , in the sense that they were built with taxpayer funds , however, the fields have to be managed well and there must be some type of scheduling system in place for the programs to work. I drafted the policy in front of you tonight and I would not have written it the way I did ifl didn't think it was reasonable. I give the council a lot of discretion in regards to how these fields are managed. The standard for your discretion is going to be: is there a rational b asis for the decision making you are making. Everything I have heard tonight suggests there is a rational basis for what you are doing. Councilmember Thurman If someone wanted to come in and rent the field for one time and it was a competitor, I do not have a problem with that, but if they want to come and run their whole league or use the field on a regular basis , then that could be seen as competition. Councilmember Longoria Instead of saying we will not allow you to request field space , we should alter the wording to use "priority" in this section. They can request, but the priority of their request will fall behind a program that the city is sponsoring. We do not want to exclude, we just need to prioritize. We do not need to design it here tonight, just wanted to give you our concerns. Councilmember Hewitt I do not have a problem with the way it is now, the tighter the better. Along the lines of Councilmember Longoria's statement, we can say that we can do certain things at the discretion of the Parks and Rec Director to leave it open ended. Mayor Lockwood I think we could soften it up a little but still have the same general outcome. By that I mean, we do not want to come across totally inclusive but more about community. Our programs that we sponsor have first priority, but on that occasional situation where another similar program needs a field for one day, I think being neighborly would be appropriate. Regular Meeting of the Milton City Council Monday, October 19 ,2015 at 6:00pm Page 15 of21 Councilmember Kunz Is Hopewell Baseball Association maintaining the field still? Jim Cregge No they do not. They have been put in the same category as the rest of our program providers. Councilmember Kunz I agree with Council and the Mayor, we need to figure out a way to strike a better balance. Councilmember Lusk What I am hearing from Jim, is the demand is greater than the supply, as far as field space goes. We need to give preference to those we have contracted with but in the rare event there is an opening, be willing to allow the use of it to another program. I am alright with the way the agreement is written. Jim Cregge As of tonight, I was not prepared for a discussion on the component of this Facility and Fields Policy that was not being changed. What I believe I am hearing from you is that you would like me to look at Item 1 on the Request to Rent a Facility and take that back to the board for further consideration. Would you as a Council consider moving forward with the vote on the items we are changing, which would allow us to continue the work we started with the first motion? Council Yes. City Attorney Jarrard Mr. Craig is correct. The purposes of this policy revision are much less ambitious. You all have the right to open up other issues and I have jotted down how we may change the language to modify this field use issue , but that is something for another day. Councilmember Kunz The final sentence in this red line which goes back to Item 1 still concerns me. City Attorney Jarrard This language is a statement of the City Council Policies. This was not drafted in a vacuum as someone earlier said. If the final sentence changes in the updated addition changes then the statement you are about to approve tonight may need to change. Councilmember Hewitt Sounds like we need to vote on Agenda Item No. 15-269 as it was intended this evening and then perhaps , if the majority wants to open it up for another discussion for a later time, we can do so. Jim Cregge Yes, that is the request. Mayor Lockwood Is there desire by the staff to have a later discussion on this? Re g ular Meeting of the Milton City Coun c il Monday, October 19 , 2015 at 6 :00pm Page 16 of 2 1 Council Yes. Motion and Vote: Councilmember Hewitt mo ved to approve Agenda Item No. 15-269. Councilmember Longoria seconded the motion. The motion passed (5-l). Councilmember Kunz was opposed. Councilmember Mohrig was absent from the meeting. 2. Consideration of an Intergovernmental Agreement between the City of Milton and Fulton County Schools Regarding Implementation of an Automated Enforcement Program for School Bus Stop Arm Violations ("School Bus Safety Camera Enforcement Program"). (Agenda Item No. 15-270) (C hris Lagerbloom, City Mana ger) City Manager Lagerbloom This is a unique concept that Fulton County Board of Education brought to us , as well as , to other cities about implementing a program where buses are retro-fitted with camera enforcement on those bus routes where drivers are reporting significant amount of bus stop arm violations. Georgia fluctuates either between the most or the second most deadl y state in school bus stop fatalities . The city was sought after as a partner with implementing this program because of our rural type bus routes. Cobb County has implemented this with great success. The reason that Milton is invol ved , is if these violations are captured on the cameras on the school buses , then Milton Police Department will review the video and authorize if it is a violation or not. Not every bu s w ill be fitted with a camera, only those where there is data that has been collected that suggests there is a high likelihood for these violations occurring . If a violation does occur, it is a civil penalty that would be sent to the violator, similar to red light camera enforcement. The re v enues would be split 50% between City of Milton and Fulton County BOE. The Police Chief is supporti ve of this program and does not anticipate it to be a time burden on our staff. I am here to seek if the council is in favor of supporting this program. Councilmember Lusk Just to make it clear, the Police Department would onl y be reviewing those videos where a violation occurred? City Manager Lagerbloom That is correct. You have to have a human component to confirm what they saw is actuall y a violation before the civil penalty would be issued. Councilmember Longoria Tickets are issued to the owner of the vehicle , so is there a requirement that we snapshot the license plate? City Manager Lagerbloom Yes that is correct. Councilmember Longoria I have problem with that because the owner of the car may not be driving the car and committing the violation. In order to reconcile that issue , you have to ask the owner of the car was he driving the car. ~--------------------------- Regular Meeting of the Milton City Council Monday, October 19 , 2015 at 6 :00 pm Page 17 of21 City Manager Lagerbloom There is a process that is in place. This is different, in the fact that if a police officer witnessed the violation he would write a citation that a criminal act occurred. With this program, it is civil penalty and not a criminal act. Also , there is a process if the owner was not driving the vehicle when the violation occurred. City Attorney Jarrard The standard between a criminal offense versus a civil offense is remarkable. With the civil offense there is not the stigma associated like a criminal offense and the burden of proof is much lesser too. Councilmember Longoria If that is not an issue and there is a chance to catch violators, then I think it is a good idea. Councilmember Kunz Does the bus driver relate to our police that a violation may have occurred or do we just watch tape all day? City Manager Lagerbloom Fulton County BOE has contracted a company that will review the tape first and then send to us ifthey see any violations. Councilmember Kunz How much time would our police be reviewing these tapes ? City Manager Lagerbloom We think that answer is driven by the magnitude ofthe number of violations. We do not believe that number to be unmanageable. I do not anticipate it to be more than an hour a week. Councilmember Longoria Chris , this is a situation where we are not being engaged as a subject matter expert for any jurisdiction, it is just the City of Milton, correct? City Manager Lagerbloom That is correct. City Attorney Jarrard Councilmember Longoria, I looked up the statue on this. The video of the snapshot of the vehicle serves as prima facie evidence that the vehicle issued or described in the citation was operated in violation of the code section which in was driving , but it may be rebutted by testimony in open court that they were not the driver at the alleged time or that their vehicle had been stolen. So it can be rebutted through a process. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 15-270. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. Re g ular Meeting of the Milton City Council Monday, October 19 ,2015 at 6 :00pm Page 18 of21 3. Consideration of a Consent Order Resolving the Issue of Road Funding and Maintenance in Fulton County. (Agenda Item No. 15-271) (Ken Jarrard, City Attorn ey) City Attorney Jarrard I would like to discuss Items 3 and 4 together because the y are related. With respect to Item 4 , I am going to ask you to postpone it until the next regular meeting. Working with Fulton County and the other municipalities has been a challenge and Item 4 is not ready to be approved due to that. What we have in front of you is a Consent Order that has been circulated by Fulton County and it puts to bed the notion of road funding. This Consent Order says that Fulton County with respect to what is called "local streets as roads " may be funded by the Fulton County Special Service Tax District whereas funding for the larger roads (handle bigger capacity) may be funded by the General Fund. Fulton County and other municipalities are agreeable with this. I am bringing this to you today because I believe the Judge will want these approved now and I would rather have this Consent Order ratified by you , so we can act on a dime , if needed . I am recommending that the council ratify this order (Item 3) and postpone Item 4 to a later meeting. Councilmember Lusk How does the service delivery strategy affect the road funding then? City Attorney Jarrard The y are in tandem because you cannot talk about service delivery without talking about allocation of tax funds. One of the big dividing points with some of the municipalities (not Milton) has been the road funding. The municipalities are not happ y with Fulton County using General Funds for basically what is considered local roads. I think Fulton County has given some and this Consent Order is that. City Manager Lagerbloom The main dri ver on this is the City of Roswell and we wanted to be supporti ve of them or we would have done it oursel ves. Motion and Vote: Councilmember Hewitt mo ved to approve Agenda Item No . 15-271. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent from the meeting. 4. Consideration ofthe Final Service Delivery Strategy Agreement between the City ofMilton, Fulton County , and All Other Municipalities in Fulton County. (Agenda Item No. 15-272) (Ken J arrard, City Attorn ey) Motion and Vote: Councilmember Lusk moved to defer Agenda Item No. 15-272 until the next regularly scheduled City Council Meeting on November 2, 2015. Councilmember Kunz seconded the motion. The motion passed unanimousl y (6-0). Councilmember Mohrig was absent from the meeting. Regular Meeting of the Milton City Council Monday, October 19 ,2015 at 6:00pm Page 19 of21 MAYOR AND COUNCIL REPORTS Mayor Lockwood I was very pleased with the Bell Memorial Park ribbon cutting. It has been really neat to see how far our city has come and that we now have a beautiful park for our children to play sports. We should all be very proud. City Manager Lagerbloom • The Rivers Alive event went very well this past weekend. • This Friday is Jason Wright's last day with the city. He has accepted a position with the Research Library at Georgia Tech as their Communications Manager. We wish him the best of luck. • I will be exercising the authority that I have in the procurement policy to execute an emergency purchase for the next three months in order to hire a consultant that specializes in communications in local government to fill some of the most immediate gaps that Jason handled. This seems to be a natural short term easy fix to give us time to put together a long term plan for that department. The acquisition will be $3,000 per month for three months so it will expire in 90 days. We hope to have a more permanent plan in place at that time. Mayor Lockwood Thank you, Jason, for everything that you have done for the city in the long time you have been with us. I wish you well in your next career opportunity and good luck. STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement Fire Department-Bob Edgar, Fire Chief Thank you for your support and approval of the purchase of the new ladder truck. It will be delivered in 12-18 months. The committee is planning to go to the plant in mid-November and they will have a pre- construction meeting and go through all the fine details. Once that is completed, it will go straight into the line for construction. The existing fire truck has been out of service for about a week now. It is in a repair shop in Cumming, GA. Fortunately, we still have the agreement with Alpharetta to be able to utilize their equipment when necessary. The fuel management system has been installed at Station 41 and 43. The only piece left to this operation is the training component. Once training has been completed, then the system will be up and running. This new system will allow better accountability of our fuel usage and planning for future fuel budgets. ~~---~-~-~---~-------------------- Regular Meeting of the Milton City Council Monday, October 19 , 2015 at 6:00 pm Page 20 of2l Last week, the Emergency Manager, Matt Marietta , and I attended the Atlanta Emergency Preparedness Institute. The purpose was to learn how they are doing emergency planning for businesses and how they can get them back up and running after a catastrophic event that shuts down businesses. It teaches how to perform risk assessments as well as critical infrastructure repairs so we can get the business open and start serving the community again. Our goal is to bring the program to Milton in the future. A home located at 15290 Freemanville Road was donated to us to conduct burn exercises and eventually burn it down for the homeowner. We are going through the permitting process right now. This home is in close proximity to the White Columns Subdivision so we are also communicating with that neighborhood to let them know about the burn training that will occur at this site. We have projected to begin the burn training at that location on November 2nd and completely bum the home down on November 4th . Jim Cregge invited me to sit before the Parks and Recreation Advisory Board to advise them of the Fire Department 's plans to put a training facility and tower in Birmingham Park. After some discussion, they supported the idea. The facility will be located just inside Birmingham Park directly behind Fire Station 43. Rural Metro is going to 12 hour transport units as opposed to their 24 hour units. Last week, we had our second transport with Rescue 42 because the unit from Rural Metro was coming from Sandy Springs and the call was just two doors down from Station 43. So, our unit did a second transport for that. We billed Rural Metro for our time , mileage , fuel , etc. as per the contract. We are continuing to keep an eye on Rural Metro and how often they keep a unit in our city. We submitted a bicycle team grant to the Milton First Responders Foundation to partnership with Police and Fire. We are asking for four bikes. We will put two Fire EMS personnel and two Police Officers on the bikes during special events. The grant is asking them to help pay for the bikes and uniforms. The training will be through Alpharetta for free. We are waiting for a response from the Foundation on whether or not they will approve our request. Finance Department-Stacey Inglis, Assistant City Manager If you look at your Finance stats for this month, you will notice that the property taxes collected were reported at 21% and that is for 2015 property taxes. There are no expenditures or revenues reported because we will not report those numbers until the CAPER is done which should be in the later part of February . The budget was approved ; thank you very much. We have already starting operating off of the 2016 budget. Preparations for the 2015 audit have begun and we will continue to work on that. The auditors usually come in January and should finish the audit by the end of February in time for reporting to be completed in March. Alcoholic Beverage License renewal packets have been mailed out and they are due November 15th to avoid penalty and interest charges. Any business who fails to renew by December 15th will have their license revoked and will have to go through the process all over again. We are keeping a close track on this process. Information and Technology-David Frizzell, IT Manager As of this week, we are moving into pilot testing. About a quarter of the employees at City Hall will be testing the virtual environment to make sure there are no kinks we need to work out before the live date . The target date for the soft launch is the week ofNovember 16th. We will also be updating our web mail to Office 365 so you will see some changes with that. After the soft launch, we will give it a couple of Regular Meeting of the Milton City Council Monday, October 19 ,2015 at 6:00pm Page21 of21 weeks and then December i is our hardware replacement date. That is when we will take all our old computers in City Hall and replace them with new Cloud computers. Innovation & Engagement-Angela Thompson, Communications Manager Thanks to almost every department in the city , many citizen volunteers, the Crabapple Community Association, and Courtney Spriggs , we had a very successful Crabapple Fest. We had about 8,000 people in attendance for a very rainy day . We came in under budget and our cost per attendee was $2.97. So, it was a very good turnout despite the rain. We have three new events coming up. Carving in Crabapple is this Sunday from 2:00pm to 5:00pm. It is a new event which is a Bring Your Own Pumpkin event. We will also have a Veteran 's Day Coffee event which is also a new event for our community as well. We are going to invite all veterans to join us for a cup of coffee from 7:00 am to 9:00 am on November 11th at Wilbur and Rudy's, Scratch, and Muggs and the city will pay for all veteran 's coffee. We will also have the Milton Literary Festival which will be held on November 13 1h and 14th. In addition , there is a new initiative for Better Together called the Village Volunteers. It started on Monday and they will meet twice a week at the Bethwell Community Center. It is an opportunity for Special Needs Young Adults who have already graduated from school. It is a social outing to give them an opportunity to do arts and crafts , music activities, and exercise. It is an incredible program that was brought to us by a mother in the community that wanted something for her two children to do . It has really grown with new members joining every week. Jason Wright I just wanted to say thank you very much. It has been a great six years and I really appreciate you giving me the opportunity to be a part of Milton. I am very grateful for everything that I was able to do at the city. Thank you very much. ADJOURNMENT (Agenda Item No. 15-273) Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at 8:05 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously ( 6-0). Councilmember Mohrig was absent from the meeting. Date Approved: November 16 , 2015 Sudie AM Gordon , C1ty erk Joe Lock~