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HomeMy WebLinkAboutMinutes CC - 06/06/2016 - MINS 06 06 16 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6:00 pm Page 1 of2 l This summary is provided as a convenience and service to the public, media, and staff It is not the intent to transcribe proceedings verbatim . Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form . This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on June 6, 2016 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jason Howard, Stonecreek Church, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk , Councilmember Longoria, and Councilmember Mohrig. Councilmember Absent: Councilmember Hewitt PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 16-121) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. PUBLIC COMMENT Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6 :00 pm Page 2 of21 Laura Rencher, 1060 Birmingham Road, Milton, Georgia 30004 Mayor and Council , Preserve Rural Milton was founded to address the communities dissatisfaction regarding the discrepancy between the City 's vision statement and what was actually happening to the land in the City. The visi on statement reads Milton is a distinctive community embracing small town life and heritage while preserving and enhancing our rural character. The 2030 Comprehensive Plan for future development is a document that is supposed to be the guiding force behind the City Administrators , Planning Commissions, Board of Zoning Appeals , Design Review Board , City Council's and Mayor decisions .. As a non-partisan organization we have pushed, prodded , researched, educated and offered potential solutions to try and get the City to follow the Comprehensive Plan and more recently the 2014 Conservation Plan. We look for and examine all approaches to adjust the problems, we believe that creativity , open dialogue and out of the box thinking are important to findin g solutions . I have tried to bring this to the community discussion. We would like to believe this why we have gardened the attention and support of the majority of the council and many people in the community, they see it too. Ridged inherence to AGl zoning has left development profoundly off course from the vision of our Comprehensive Land Use Plan. At a recent Council Meeting it was refreshing to hear Councilman Matt Kunz make a presentation which referenced the 2030 Comprehensive Plan more than 10 times. He clarified that the plan directs city leadership and administration to adopt conservation based development and planning up until recently has not been done. This was a rare but important reminder of the principals in which the City was founded and ideals that should be guiding decision , if we only could be reminded more often that decisions should be consistent with the plan that citizens themselves helped to write. This is why we find it puzzling that the Milton Coalition recent articles describe the same presentation as disgraceful and a marketing presentation for the developer. It seems that any statement that does not disagree their views is discredited. In addition, this was also cited in the Mayors veto as part of the decision or procedure problems to make his veto. Unfortunately , this group and elected officials continue to dominate this community discussion with an , us versus them mentality, continuing to try and marginalize and discredit those who disagree with them. Regardless as to the form their agreements take , whether it be liberal versus conservative, special interest developer versus citizen, or subdivision resident versus large property owner this framing of the discussion is divisive and it needs to change. Problems are not black and white and neither are people . It's an important as a community that we recognize the dire situation that we are in as a result of not adhering to the Ci ty 's Land Use Plan and groups attempting to block all change. It is time to stop character attacks an d inflammatory petitions and continual insinuations of interior motives. I implore you as an el ected governing body to please show your leadership skills by standing up for the Comprehensive Land Use Plan and making it clear that the divisive rhetoric that has infected the community will not impact decision making and that it will not be tolerated. Thank you. CONSENT AGENDA 1. Approval of a Parks and Recreation Department Agreement for Outside Providers between the City of Milto n and Agape Academy , LLC. (Agenda Item No. 16-122) (Jim Cregge, Parks and Recr ea tion Director) Regular Meeting of the Milton City Council Monday, June 6 , 2016 at 6 :00 pm Page 3 of21 2. Approval of Addendum No. 1 to the Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements. (Agenda Item No. 16-123) (Sa ra Leaders, Transportation Engineer) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion . The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting . REPORTS AND PRESENTATIONS 1. Proclamation Honoring Cambridge and Milton Students Who Chose to Serve Their Country in a Military Career. (Pr esented by Councilmember Bill Lus k) 2. Recognition of Perry Mason 's Service on the City of Milton 's Design Review Board. (Presented by Co uncilm ember Matt Kunz) 3. Presentation by Trust for Public Land Regarding Greenspace Public Opinion Results. (Ka thleen J ohnson, Conservation Project Manager) FIRST PRESENT A TI ON 1. Consideration ofRZ16-02NC16-01 -To Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63.57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-1141(d)(l)(b)]. (Agenda Item No.16-086) (Kathlee n Field, Community Developm ent D irector) 2. Consideration ofRZlS-18-To Amend the AG-1 (Agricultural) District, Chapter 64, Article VI , Division 2. (Agenda Item No. 16-124) (Kathleen Field, Community D evelopm ent Director) 3 . Consideration ofRZlS-19 -To Amend the R-1 (Single Family Residential) District, Chapter 64, Article VI , Di vision 3. (Agenda Item No. 16-125) (K athleen Field, Community Development D irector) Re g ular Meeting of the Milton Ci ty C ouncil Monday, Jun e 6 , 2 016 at 6 :00 pm Page 4 o f 2 1 4 . Consideration of RZlS-20 -To Amend the R-2 (Single Family Residential) District, Chapter 64 , Article VI , Division 4. (Agenda Item No. 16-126) (Kat hleen Field, Co mmunity Development D irector) 5. Consideration of RZlS-21 -To Amend the R-2A (Single Family Residential) District, Chapter 64 , Article VI , Division 5. (Agenda Item No. 16-127) (Ka thlee n Field, Co mmun ity Developm ent Director) 6 . Consideration of RZlS-23 -To Amend the CUP (Community Unit Plan) District, Chapter 64 , Article VI , Division 23. (Agenda Item No.16-128) (Ka thlee n Field, Co mmun ity Developm ent Director) 7. Consideration of RZlS-24 -To Amend the Rural Milton Overlay for Single Family Type Uses (Sec. 64-1141). (Agenda Item No. 16-129) (Kathlee n Field, Co mmunity D ev elopm ent Director) 8. Consideration to Amend Chapter 50 , Subdivisions , and Create Section 50-162 , Rural Design. (Agenda Item No. 16-130) (Kathlee n Fie ld, Co mmunity Developm ent Director) 9. Consideration of V16-003 -The Reserve at Prov idence , Providence Road , the Providence Group of Georgia Custom Homes , LLC to Reduce· the Front Setback from 60 fe et to 50 feet , Lot 21 ; 60 Feet to 45 Feet, Lot 3; 60 Feet to 40 Feet, Lots 4 , 22, 23 , 30 ; 60 Feet to 20 Feet, Lots 5, 6 , 7 , 8, 9, 19 , 20 (Section 64-416.b) and to Allow A Height Increase from: 28 Feet to 33 Feet, Lots 5, 6 , 7 , 8, 9, 19 and 20. (Section 64.114.c.1 ). (Agenda Item No. 16-131) (Kathlee n Field, Co mmunity Development Direc tor) 10. Consideration to of Changes to the Cit y of Milton Code of Ordinances Chapter 48 Streets, Sidewalks and Other Publi c Places . (Agenda Item No. 16-132) (C art er Lu cas, Assis tant City Ma nager) Motion and Vote: Councilmember Thurman moved to approve the First Presentation Agenda Items #2 through # 10 since she had recused hersel f from Agenda Item # 1. Councilmember Longoria seconded the motion. The motion passed unanimously ( 6-0). Councilmember Hewitt was absent from the meeting. Regular Meeting o f th e Milton C ity Council Monday, June 6, 2 016 at 6:00 pm Page 5 of 2 l Motion and Vote: Councilmember Longoria moved to appro ve the First Presentation Agenda Item #1. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman recused herself from the vote. Councilmember Hewitt was absent from the meeting . PUBLIC HEARING 1. Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes . (Agenda Item No. 16-115) (Dis cussed at May 9, 2 016 City Co un cil Wo rk S ession) (Fir st Pr esentatio n at May 16, 20 16 City Cou n cil R egular Mee ting) (Ken Jarrar d, Jarrard & Davis) City Attorney Jarrard Mr. Mayor and members of the council , we have on your agenda this evening a public hearing regarding a proposed modification to the Charter of the City of Milton. This will be one of two public hearings that we will have with respect to this proposed Charter Amendment. I want to make one point clear from a procedural standpoint and that is , of course , municipalities like counties have home rule power. The county home rule power is found in the Constitution, the city home rule power is found in the State statue and neither of those , making modifications to the Charter enabling legislation, actually require a public hearing. However, we are, in fact , having a public hearing for purposes of solicited public input. But, it is not required. All that is required are certain legal requirements and that this matter be adopted at two back-to-back council meetings. Which will , in fact , presumabl y occur ifthe council is of mind to approve it. That will be once this evening, not at this agenda item but later when it comes up on this agenda under new business and , we will also have another public hearing on June 20th and , at that time , you will have to approve it again. You have to approve it twice. After that set of approvals , we will then take the resolution , and provide it to the Clerk of Court of Fulton County and also pro vide it to the Georgia Secretary of State. This is , in fact , how you make a modification of your Charter with respect to those topics upon which we can change locally . Councilmembers, this is the clarification with respect to the low income senior homestead exemption. We have talked about this at several different work sessions and meetings . If you could look at the proposed amendment, you will see in Section 6.35 , that the change that has been made is very simple. It is simply striking language that is unnecessary and resolute and makes an improper result , which is the stacking of the doubling of the income exemption that could result in individuals making over $126 ,000 receiving the low income senior exemption. Mr. Aaron Me yer 's from m y office is here to answer any questions. We might want to get to the new business section before you begin to ask any questions. And , Mr. Mayor, just for point of record , and I know we don 't read emails , but there was an email from Mr. Travis Mills who asked that it be placed in the record. I just want to note this for the record , that it will be placed in the record. Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6:00 pm Page 6 of21 ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes. (Agenda Item No. 16-115) (Discussed at May 9, 2016 City Council Work Session) (First Presentat ion at May 16, 2016 City Council R egular Meeting) (Public Hearing at Jun e 6, 2016 City Council R egular Meeting) (Ken Jarrard, Jarrard & Davis) City Attorney Jarrard Mr. Mayor and members of the council, this is the other agenda item with respect to the public hearing that we just had regarding the proposed Charter amendment. The resolution in your agenda packet is just as we discussed . The expectation would be that if you approve it this evening, it is not the final action on this matter, and we will in fact advertise it and have another public hearing on June 20th. I would also point out that the resolution in your agenda packet speaks of adoption on May 16th and June 6th. There needs to be another date added there, and that would be on June 20th as well. This is the resolutio n that we would actually send to the Secretary of State. So, ifthere is a motion to approve it , I would ask that, where it talks about adoption , that we add a June 20th anticipated date. Do you have any questions for me or Mr. Meyer? Councilmember Thurman This doesn 't change the way we are handling the situation, all this does is clarify the way were handling it , correct? Is this the way we are going to continue to handle it? City Attorney Jarrard That is correct. Regular Meeting of the Milton City Council Monday , June 6, 2016 at 6:00 pm Page 7 of21 Councilmember Longoria My question is , does this just provide us with clarifying the language so the interruption of our intent is done correctly? In other words , my concern is that the language we used to describe how this calculation was done was ambiguous and could lead somebody down the wrong path. All we are doing is trying to do is shore up the language so that there is no ambiguity. Is that correct? City Attorney Jarrard That is exactly right. It is our position that if you read within the context of where this law came from and you read what this law was supposed to accomplish the way it is written, it is inconsistent with that and it needs to be clarified in order to harmonize with the way we have been doing it, and will continue to do it, since the inception of Milton. Councilmember Longoria, I want to turn this over to Aaron because I want him to actually speak to you on this , because he actually had the discussions. But, one of the questions you asked at the last meeting, it may have been a work session on this topic , was how were other governments using and applying this information. Fulton County, as you know, is what would have been used before Milton came into creation. Aaron , would you mind providing the council with the results of your inquiry into that? City Attorney Meyers When this issue was first brought up to our attention in late January , early February we began the process of reviewing the Charter and reaching out to other cities in this area, Fulton County cities and reaching out to Fulton County to confirm whether or not Milton had been applying this consistently. This is after we realized that everyone was working off of identical language in their Charters. When we first spoke with Fulton it was late February, the person I spoke with told me they had been applying it exactly as Milton had. At our May 16th meeting, a taxpayer spoke and said that wasn't the case and that Fulton had been applying that and he had asked for it to be applied , so our task was to go back and speak with Fulton. I spoke to the Chief Appraiser, the Deputy Chief Appraiser, a member of their Board of Tax Assessors and an attorney in the County 's attorney's office and what I discovered is that up until the day I reached out and spoke to them , they were applying it the way that Milton has been applying it. My conversation with them sparked further discussion amongst themselves . They came back to me the next day and told me from that day forward they are applying it a different way. They came up with an interpretation that was different from our office, it was different from the taxpayers of Milton had requested. So, this was a third possibility on the table and I think it underscores the problem with the way this language is written as reasonable people can look at it and come up with. Now, we have three reasonable interpretations of it. City Attorney Jarrard We did , in fact , actually double down on this specific question, that the council asked , historically speaking , was it applied the way that Milton has been and will continue to apply it. We , in fact , did get confirmation that was true , they had historically been applying it the way we have been and will continue to even after this Charter amendment is adopted if you should choose to do that. Regular Meeting of the Milton City Council Monday, June 6 , 2 016 at 6 :00 pm Page 8 of21 Councilmember Longoria The concern I had , and I mentioned it before to Ken , and you correctly stated that we don 't want to impose any new taxes on th e citizens of Milton, however, if a mistake was being made by another jurisdiction, we don 't have to support their mistake. What you are saying is that we are fixing the language , we are aligning it with what we believe the true intent of the law should be and we are going to enforce that in a consistent manner going forward. City Attorney Jarrard That is correct. In a way that Milton has enforced it since Milton 's inception. Councilmember Longoria Okay, thank you. Councilmember Kunz That is not to say that our current language was necessarily appl ying a different method , it 's just being interpreted as such and that 's all that it was. So our interpretation, other people 's interpretation could be different. That 's all that it is. City Attorney Jarrard That is correct. That is right , and again , I think Aaron makes a good point, the problem with the language is made evident by the fact that when you call it out to somebody and you ask them to take a look at it , they come up with different interpretations. Milton is actually , I think , doing everyone a service by taking thi s on. Councilmember Lusk Can you say again who came up with the third interpretation? City Attorney Meyers That was Fulton County ; the Chief Appraiser and a member of the Board of Assessors met, once I brought this to their attention , that Milton was looking into it , they went back and took a deeper look at it. I believe they were in the process of reviewing all their homestead exemptions , regardless , and the y came back to me the next day with this proposed third way to read it. I spoke with a staff attorney in the County attorney 's office for Fulton County the following day. After speaking with her I am not sure if, that was in fact their final new interpretation or if they would still go back to the drawing board yet again. Councilmember Lusk So where is the variation or the differential on that third interpretation? City Attorney Meyers The difference in the interpretation was that intended to gi ve the full credit for the $63 ,000 in retirement income and if somebody had earned a dollar of non-retirement income that would disqualify them. The way we have been advocating that this should be read is that , take someone 's gross income combined , as long as it doesn 't exceed that $63 ,000 threshold they would qualify . Re gular Meeting of the Milton Ci ty C ouncil Monday, June 6 , 2016 at 6 :00 pm Page 9 of21 Fulton County 's proposed new interpretation would be much stricter and much more restrictive than what Fulton or Milton has historically done . For that reason , I don 't think they will end up sticking with it. But, that is what they came back to me with the next day as to what they thought was the true interpretation. Councilmember Lusk How do we conform to any consistent standard if Fulton County is taxing us and their rules and regulations vary from ours ? We then have two rules for taxation . Is that correct or not? City Attorney Meyers That would be the case if Fulton County continued to read it one way and we read it the other. I can tell you that wouldn't be uncommon. This situation here in Milton is slightly unusual in that Milton 's homestead exemption is identical to Fulton County to begin with and a lot of counties and municipalities you will see different language from one to another. The County will have its own language under a different set of rules and then the City could have something completel y different. So , the fact that right now , Milton and Fulton interpret them the same is in itself an anomaly and I don 't think it will cause an y problems going forward . In a sense right now, Milton has already duplicated the work because Fulton County applies the same standard as Milton does and I believe the City of Sandy Springs, for instance , has Fulton County handle the review of their applications to begin with. Mayor Lockwood I just want to make a statement. This exemption is available for seniors 65 and over, and disabled persons with moderate to low incomes. That being said , $63 ,000 , I don 't think anyone would ever argue that. Allow someone with up to $63 ,000 income that exemption. I think most of us would agree , I know I certainly do with the way it may have been written was not the intent. I'd lo ve to be over 65 , retired and have a problem of having over $126 ,000 of income , but I certainly wouldn 't expect to get a big exemption . So , again just to clarify this is not taking away or tightening up on anything or taxing anybody . We still all totally agree that the exemption that everybody deserves is the exemption just the way it was written. I think most of our taxpayers would agree it was a little erroneous the way it was stated. Councilmember Lusk Just to re visit a comment that was made by Mr. Mills during the last two meetings . Refresh m y memory , how does this appl y to a surviving spouse ? How does the exemption, does that continue at the same rate ? Because the $63 ,000 represents combined incomes , correct? City Attorney Meyers Right , so there was initially some discussion within our office regarding whether or not an individual would be entitled to the full $63 ,000 as opposed to limiting it to just a married couple. The language is not entirel y clear here. But, we think that the weight of authority , the weight of the interpretation would be to extend that full $63 ,000 benefit to an indi v idual and couples. So , in that case , the issue with the surviving spouse would not come into play because the surviv ing spouse would be under the same $63 ,000 standard as the married couple. Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6:00 pm Page 10 of 2 1 Interim City Manager Krokoff In practice, that is the way we have done it since our inception and it is the way Fulton County has done it as well. We wanted to make sure we kept that in alignment. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 16-115 . Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting . 2. Consideration to Adopt Criteria for Greenspace Bond. (Agenda Item No. 16-133) (Kathleen J ohn son, Co nservat ion Project Man ager) (No vote was taken ; discu s sion only) In February of this year , the City Council decided to explore the possibility of whether to pursue a bond to provide the funds for preserving greenspace in the city. As part of that process , the Council asked the Planning Commission to come up with a list of Criteria to identify which types of land areas within the city should be acquired in order to preserve greenspace for its citizens ' use . The Council noted that the Criteria would be used to help guide future land acquisition decisions relating to the bond proceeds land but that the Criteria should not identify any specific parcels of land or addresses. The Council asked that the Planning Commission to heavil y involve the public in the Criteria determination by eliciting public comment and input regarding the citizens ' greenspace needs and desires. To that end, the Commission and city staff hav e solicited public input in a v ariety of ways including: 1. A series of four Planning Commission meetings and work sessions on March 10th , March 23 rd, April 14th and April 27th. 2. A greenspace survey sent out on Feb 9th to 4 ,000 residents via email from which we received a total of 324 responses back. 3 . A greenspace link on the city website that allowed residents to directly contact staff with their input. This link was available from the date the survey ended in March and is still open for public comment at this time. 4. Signs , posters and flyers were put up throughout the community to inform and solicit public input. 5. Staff attended several community events such as the CPAC meeting, Bulky Trash Day, Earth Day Fest, Easter Egg Hunt and other community meetings to gather public input on greens pace. Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6 :00 pm Page 11 of21 The public input data from these sources, including the online survey, has been compiled and set out in the attached document entitled "Public Input Regarding Greenspace." This data, along with Planning Commission input, discussion and direction resulted in a grouping of recommended Criteria Categories which describe the types of areas to be preserved or acquired. In addition, the Commission set out a list of Factors to be considered in every land acquisition decision across all applicable Criteria Categories. Lastly, the Commission provided a few recommended Tools for Land Acquisition pursuant to greenspace bond proceeds. The following Factors, Criteria and Tools were voted on and passed unanimously by the Planning Commission at their April 27, 2016 meeting. • Land shall be acquired from willing landowners and no bond funds shall be used to acquire land through the exercise of eminent domain by the city. • The preservation of trees should be strongly considered in each land acquisition decision based on any or all criteria. Clear cutting of trees shall be prohibited unless required to meet the needs of the approved project. • Acquisition of land that is contiguous or adjacent to existing, protected green space parcels is encouraged. • Land acquired shall be mainly buildable land, unless a non-buildable portion of a tract is a small part of the whole tract or if land is for trails. • Land parcels that meet two or more of the three Criteria Categories may receive priority in land acquisition decisions . After hearing public input from a variety of sources and discussing this input at several meetings, the Planning Commission decided on a list Criteria to identify types of land areas within the city that should be acquired in order to preserve greenspace . These Criteria were then grouped into the following categories of related characteristics. 1. Greenspace/Op en S pace Preserve general areas of green or open space including pastures, horse farms, wooded areas, larger tracts of undeveloped land, and open space between new or existing subdivisions. This category also specifically includes: • Protecting natural resources from development especially wooded and tree areas with special concentration on preserving as many trees as possible. Regular Meeting of the Milton City Co uncil Monday, June 6 , 2016 at 6:00 pm Page 12 of21 • Protecting wildlife habitat and corridors from development by preserving areas in their natural state that are home to wildlife , including identifying and preserv ing wildlife corridors. • Protecting water and watersheds from development by protecting areas with water, rivers , ponds , lakes , creeks , streams , stream buffer areas and watersheds. 2. Rural Views!R.ural Character • Protecting or conserving the rural views along roadways. • Protecting or conserving the rural feel , look , setting and character of Milton. • Protecting Historic re sources. • Protecting agricultural uses of land including farms, horse farms , etc. 3. Trails and Parks • Establishing new trails and connecting existing trails based on the Milton Trail Plan. • Trails for walking , biking and horse riding, either through separate or combined use trails depending on location , need and the Trail Plan. • Trails that connect parks, schools and commercial centers , including connections to green ways. • Parks -includes pas sive , and/or mostly unimproved or "natural state" parkland with the possibility of cre ating trails and minimal improvements to provide public access . These types of parks could include pocket parks or larger tract parks. The Planning Commission did consider trying to prioritize or weight each criteria or category but concluded that doing so would be too difficult or abstract at this point in time given that such a prioritization was not clearly evident from the totality of the public input it received . This conclusion does not in any way mean to preclude the City Council or even a later formed lan d acquisition committee from determining weights and priorities for the criteria. The following Tools for land acquisition may be used separately or in conjunction with each other and focus mainly on the use of greenspace bond funds. The list of Tools contain suggestions gleaned from the Commissioners, staff and public input but is admittedly not exhaustive but instead a starting point in the discussion of different ways to acquire land. The Commission did not discuss alternative sources of funding for land acquisition other than the bond proceeds , but staff has added suggestions for the city to explore regarding other sources of funds. • Fee simple purchase • Conservation easements • Transfer of Developments Rights • Purchase of Developm ent Rights Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6 :00 pm Page 13 of21 • Purchase of land by the City and leaseback options to operators of farms, including horse farms. • Donation of land or conservation easements from land owners • Staff recommended Tools or sources of additional funding: o Grants from federal, state, county and private sources that could be paired with city bond funds. Examples include the federal ACEP program in addition to various state programs. o Work with local and national Land Trusts and Conservation Funds to explore partnerships to acquire conservation and/or park land. o Explore possible corporate or private donations or sponsorships to acquire park and trail lands or improvements with possibility of naming or signage rights. (example: Wills Park playground in Alpharetta). Greenspace Bond Referendum TIMELINE: June: 6th City Council Meeting-Report by Trust For Public Land (TPL) on public opinion poll results and bond recommendations; Public Comment and Council VOTE on Criteria. 7th_ 10th 20th • Staff and Communications staff prepare Fact Sheet for public dissemination re: Bond Criteria. City Council Meeting -Council considers adoption of Resolution requesting the Call of the Election During month: • Staff prepares Bond Fact Sheets for public dissemination regarding bond details. • Staff works on finalizing Council's Criteria list, meets and coordinates with Bond counsel, city attorney, Stacy, financial advisor*, other city staff regarding bond. • Staff attends community events to disseminate information on Bond details after Criteria finalized. • Staff, TPL, Bond counsel work on ballot language for bond. Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6:00 pm Page 14 of21 July: 11th City Council Meeting -Last date for Council to adopt Resolution requesting the Call of Election (if Council did not already do so at June 20 meeting). 14th Fulton County Board of Registration and Elections adopts resolution Calling the Election. Week of 31st: Submit Call of Election to local newspaper (suggested date) During month: • Staff prepares Bond F act Sheets for public dissemination regarding bond details. • Staff attends community events to disseminate information on Bond details. • Staff meets and coordinates with Bond counsel , city attorney , Stacy, financial advisor*, other city staff regarding bond . • Staff, TPL , Bond counsel work on ballot language for bond. August: Week of pt • Call of Election published (suggested date) o (Call of Election must be published 90 days before election date) • Submit Call of Election to Milton Herald • Last day for Call of Election/Notice of Call published (must be published 90 days before election date) Week of 14th • Submit form of ballot question to Fulton County (Kennesaw State University) for Election systems for ballot building . (suggested date) During month: • Staff prepares Bond Fact Sheets for public dissemination regarding bond details. • Staff attends community events to disseminate information on Bond details . Regular Meeting of the Milton City Council Monday, June 6, 2 016 at 6 :00 pm Page 15 of21 • Staff meets and coordinates with Bond counsel , city attorney , Stacy , financial advisor*, other city staff regarding bond. • Staff, TPL, Bond counsel re vise and finalize ballot language for bond . September: 9th Last date to send ballot language to ballot builder (60 days prior to election) Week of 18th Submit Notice of Election to Milton Herald for publication. During month: • Staff prepares Bond Fact Sheets for public dissemination regarding bond details. • Staff attends community events to disseminate information on Bond details . • Staff meets and coordinates with Bond counsel , city attorney, Stacy, financial advisor*, other city staff regarding bond . • If needed -staff, TPL , Bond counsel work on and revise ballot language for bond. October: Oct 2nd_ Nov. 5th Notice of Election must be published for 5 consecutiv e weeks Week of 2nd: Notice of Election Published in newspaper Week of 9th: Notice of Election Published in newspaper 11 th Deadline to register to vote Week of 16th: Notice of Election Published in newspaper Week of 23rd: Notice of Election Published in newspaper Week of 30th: Notice of Election Published in newspaper Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6 :00 pm Page 16 of21 During month: • Staff prepares Bond F act Sheets for public dissemination regarding bond details. • Staff attends community events to disseminate information on Bond details. • Staff meets and coordinates with Bond counsel , city attorney, Stacy, financial advisor*, other city staff regarding bond. November: gth Election Day Week of 14th • Fulton County Board of Registration and Elections meets to consolidate returns/declare results of Election (special called meeting) 2ist: • City Council Meeting -City Council to adopt Resolution declaring results of Election (special called meeting) OR at December 5th regular Council meeting . 21 st_3oth: Council to form Land Acquisition Committee to assist with determining which properties to acquire , purchase conservatio n easements , TDRs , etc., using Criteria adopted in June. (*If bond passes) During month: • If Bond passes , Council to consider possible citizens to be on Land Acquisition Committee. • Staff to assist Council, if needed, with procedural steps to set up Land Acquisition Committee. • Staff prepares Fact Sheets for public dissemination regarding Bond results and process for land and easement acquisition. • Financial advisor* to work on final details of closing the loan for the bond December: 5th City Council Meeting -City Council to adopt Resolution declaring results of Election (if not already done at November 21 st meeting.) During month: • If Bond passes , Council to finalize decision on members of Land Acquisition Committee. Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6:00 pm Page 17 of21 • Staff to assist Council, if needed, with procedural steps to set up Land Acquisition Committee. • Staff to support and assist Land Acquisition Committee. • Staff prepares Fact Sheets for public dissemination regarding process for land and easement acquisition. • Financial advisor* to work on final details of finalizing the loan for the bond 3. Consideration of a Transportation Special Purpose Local Option Sales Tax (TSPLOST) Project List. (Agenda Item No. 16-134) (Carter Lucas, Assistant City Manager) Carter Lucas, Assistant City Manager The second bond question that will be on the November ballot will be one regarding a potential sales tax increase for transportation related projects. This is a countywide referendum and over the past few months, staff has been moving forward with the development of a project list in support of our component of that list. Tonight, I want to give you some background on how that list was developed over the past few months. We have been discussing the list at several work sessions. The list has been developed through our CTP update process. In 2015, the Georgia General Assembly passed legislation which provided the opportunity for the citizens to consider a Transportation Special Purpose Local Option Sales Tax (TSPLOST) for the specific purpose of providing for transportation improvements on the November 2016 ballot. To fund the TSPLOST the law allows for consideration of an additional sales tax of up to 0. 75% for those areas outside the City of Atlanta for a period not to exceed 5 years. It is anticipated the sales tax would generate $568 million over the five year period and those proceeds would be distributed to the local jurisdictions based on population. At this time the City of Milton's population represents 6.42% of the county population, excluding the City of Atlanta, and would receive an estimated $36.5 million dollars over the five year period. The proposed project list is divided into three tiers to account for variability in the tax collections and market conditions at the time projects are let for construction. Tier I projects represent 85% of the anticipated collections, Tier II projects represent 85%-100% of anticipated collections and Tier III projects represent over 100% of anticipated collections to account for either additional collections, Tier I and II projects coming in under budget or funding acquired from other sources to supplement the TSPLOST funds. Re g ular Meeting of the Milton Ci ty C ouncil Monday , June 6, 2 016 at 6 :00 pm Page 18 of21 The project list was created from priority projects identified in the approved 2009 Comprehensi ve Transportation Plan (CTP), public input recei v ed throughout the current CTP update process and coordination with other adjacent jurisdictions . The city also participated in a planning process led by the transportation planning firms of Kimley-Hom and Atkins to coordinate projects between the North Fulton cities , GDOT and adjacent counties . If approved , Milton 's project list would be included with those from all other jurisdictions within the county to form one master project list which would be the basis of an Intergovernmental Agreement (IGA) between the county and the qualified jurisdictions. The IGA is to be executed on or about June 30, 2016 and if the population of those jurisdictions and unincorporated Fulton County represent at least 60 % of the population of the county, not including the City of Atlanta, a referendum will be considered by Fulton County. If approved by the Board of Commissioners the referendum would then be forwarded to the Election Superintendent for placement on the November 2016 ballot. The projected income is $36.5 million dollars over 5 years. Regular Meeting of the Milton City Council Monday, June 6 , 2016 at 6:00 pm Page 19 of21 City of Milton Proposed TSPLOST Project List June 6, 2016 Tier I Projects MIL-031 Morris Rd Widening MIL-038 Windward Parkway MIL-001 Hopewell Rd at Bethany Bend/Way Intersection Improvements MIL-004 Freemanville Rd at Birmingham Rd Intersection Improvements MIL-005 Charlotte Rd at Mayfield Rd Intersection Improvements MIL-006 Hopewell Rd at Thompson Rd/South Thompson Rd Intersection lmorovements MIL-008 Hopewell Rd at Hamby Rd Intersection Improvements MIL-009 SR 140/Arnold Mill Rd at Green Rd Intersection Improvements MIL-012 Birmingham Rd Bridge Middle MIL-030 NE Crabapple Connector Rd MIL-034 Pedestrian Improvements Subtotal Tier I Project Costs Fulton County (0.5%) Administrative/ Audit/Citizen Group Fees Total Tier I Project Costs Tier II Projects MIL-002 Bethany Rd at Providence Rd Intersection Improvements MIL-010 Freemanville Rd at Redd Rd Intersection Improvements MIL-037 Pedestrian Improvements Subtotal Tier II Projects Fulton County (0.5%) Administrative/ Audit/Citizen Group Fees Total Tier II Projects Tier Ill Projects MIL-039 Road Paving and Reconstruction MIL-040 Quick Response Projects MIL-041 Bridge Repair and Replacement MIL-042 Pedestrian Improvements MIL-043 Intersection and Corridor Improvements Subtotal Tier Ill Projects Fulton County (0.5%) Administrative/ Audit/Citizen Group Fees $ 5,440,000 $ 500,000 $ 3,080,000 $ 1,990,000 $ 3,600,000 $ 3,800,000 $ 3,420,000 $ 1,010,000 $ 1,610,000 $ 3,600,000 $ 3,230,000 $ 31 ,280,000 $ 156,400 $ 31,436,400 $ 2,200,000 $ 920 ,000 $ 2,100 ,000 $ 5,220,000 $ 26,100 $ 5,246,100 $ 5,000,000 $ 1,000 ,000 $ 5,000,000 $ 3,600,000 $ 3,000,000 $ 17,600,000 $ 88 ,000 Regular Meeting of the Milton City Council Monday, June 6 , 2016 at 6 :00 pm Page 20 of2 l Total Tier Ill Projectsj $ 17,688,000 Total Project Costs $ 54,370,500 Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 16-134 , TSPLOST Project List, with the ability for staff to make changes as necessary in order to comply with Fulton County format requirements. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. 4. Consideration of Subdivi sion Plats: NAME OF DEVELOPMENT ACTION COMMENTS TOTAL DENSITY ACRES (1) Manorview II , LL 182 , 183 , 250 , Final Plat Revision , add 42 .82 . 77 lots/acre 251 water easement (2) Manorview III , LL 182 ,183 , 184 Final Plat Revision. add 31 .98 .81 lots/acre water easement (3) Smith & Kennedy Construction, Minor Create 2 Lots 2.036 .982 lots/acre LL Subdivision 379 Plat (4) Parkview, LL 1169 Final Plat Create 13 Lots 2.835 4.586 lots/acre (5) Blue Valle y III B , LL 196 , 236, Final Create 38 lots 55 .3 .69 lots/acre 237 Subdivision Plat (6) Three B Farms , LL 388 Minor Create 3 lots 8.863 .338 lots /acre Subdivision Plat (Agenda Item No. 16-135) (Kat hleen Field, Com munity D evelopment Director) Regular Meeting of the Milton City Council Monday, June 6, 2016 at 6 :00 pm Page 21 of21 Motion and Vote: Mayor Lockwood moved to approve Agenda Item No. 16-135. Councilmember Mohrig seconded the motion. The motion passed unanimously (6 -0 ). Councilmember Hewitt was absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS ADJOURNMENT (Agenda Item No. 16-136) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:20 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6 -0). Councilmember Hewitt was absent from the meeting . Date Approved: September 7, 2016 Sudie AM Gordon, City Clerk Joe Lockwoo ~