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HomeMy WebLinkAboutMinutes CC - 07/11/2016 - MINS 07 11 16 REG (Migrated from Optiview)1 Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 1 of 15 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on July 11, 2016 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. ROLL CALL Councihnembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, and Councilmember Longoria. Councilmember Absent: Councilmember Hewitt and Councilmember Mohrig PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 16-146) Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following changes: • Move New Business Agenda Item No. 16-150, "Consideration of a Resolution Appointing Seven Krokoff as City Manager" to before the Consent Agenda. • Move Consent Agenda Item No. 16-147, "Approval of the April 25, 2016 Regular City Council Meeting Minutes" to New Business. Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 2 of 15 • Defer New Business Agenda Item No. 16-153, "Consideration of an Intergovernmental Agreement for Use and Distribution of Proceeds Generated by the 2016 Transportation Special Purpose Local Option Sales Tax Referendum" to a Special Called Meeting to be held on Monday, July 18, 2016. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. PUBLIC COMMENT Christopher Bloor, 1800 Birmingham Road, Milton, Georgia 30004 Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004 Tim Becker, 15625 Canterbury Chase, Milton, Georgia 30004 Lauren Holmes, 13900 Hagood Road, Milton, Georgia 30004 Vincent Taylor, 15670 Canterbury Chase, Milton, Georgia 30004 CONSENT AGENDA The following Agenda Item No. 16-147 was moved to New Business by Motion and Vote under Approval of Meeting Agenda. 1. Approval of the April 25, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-147) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and David J. Hodges, P.E., P.C. for the Creation of Construction Specifications and Documents for Two Bridges at Providence Park. (Agenda Item No. 16-148) (Jim Cregge, Parks and Recreation Director) Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda as amended. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 3 of 15 REPORTS AND PRESENTATIONS Discussion Regarding Community Septic Systems. (Carter Lucas, Assistant City Manager) FIRST PRESENTATION 1. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct an Election (Bond Referendum). (Agenda Item No. 16-149) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Item. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. F PUBLIC HEARING (None) ZONING AGENDA Kathleen Field, Community Development Department I would like to talk about all of the following text amendments: RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, RZ15-24 and also the proposed change to the subdivision ordinance. The Community Development Department recommends approval of all of these text amendments as well as the withdrawal of Chapter 50-162. Staff notes that the Planning Commission also supports these recommendations. By way of background, the rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District which covers the city with the exception of parcels in the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Highway 9 Overlay District. Mayor and City Council directed staff to propose changes to the rural viewshed to assist in further preserving the viewsheds within the city. Initially, staff had proposed to move the requirement of the rural viewshed into the subdivision ordinance or the Milton Rural Overlay District. After further research and discussion with the City Attorney, staff determined that it would be most beneficial to the public and developers if it is incorporated into each zoning district which includes AG -1, R-1, R-2, R -2(a) and CUP which are essentially our main residential zoning districts. These proposed text amendments were reviewed by the City Council at the work session and at that time, the council recommended that only subdivisions with more than three lots and subdivisions with three or less Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 4 of 15 lots that have a side corner setback adjacent to an exterior street, be required to provide a rural viewshed as proposed by staff. Staff took these comments and incorporated them into the most recent draft that you have before you tonight. All these drafts are similar; RZ15-18 through RZ15- 23 all the same changes have been made to them. In addition, there was one more change that was made and it was also brought up at the June 13'" work session; it was recommended that only developments with more than three lots need to meet the requirements for rural entrances. That change has been incorporated as well. So, that is my presentation for RZ15-18 through RZ15-23. I would like to bring your attention to RZ15-24 which is essentially the Rural Milton Overlay District. We deleted the rural viewshed from that overlay since it now resides in each individual residential zoning district. However, we made one more change as the result of the work session last week and that relates to retaining walls. The language now states that retaining walls above three feet in height shall have a continuous planting of evergreens or as approved by the City Arborist. This language is incorporated in RZ15-23. Lastly, when we originally started putting the rural viewshed language into the subdivision ordinance, our attorney's advised against it, but since it (consideration to Amend Chapter 50, Subdivisions, and Creating Section 50-162, Rural Design) had been previously advertised, we had to bring it before you tonight but we are recommending withdrawal of this item. Councilmember Longoria We are changing the language from a 40 foot undisturbed buffer to a 40 foot setback. Kathy Field Correct. Councilmember Longoria Could you please explain what that really means. Kathy Field It was a rural viewshed and the language stated, "undisturbed buffer" for the first 40 feet and then 20 more feet and you could put a septic system into that. We found that it was difficult to create language for each individual case because in some instances we may want to disturb that view shed in that there may not be enough plantings. So, by putting more plants in; you are disturbing it. The City Arborist was recently telling me that he has one case where the rural viewshed is covered in kudzu. So, we may want to disturb that one and take out the kudzu. So, rather than stating, "undisturbed" we thought we would treat it as a primary setback for the first 40 feet. Any disturbance would have to be approved and there would be a design review by the City Arborist. Nothing would be allowed in here, however, the only exception would be that a homeowner would have to prove that his septic system has failed and this is the only place he could be it and his house would be condemned otherwise. We felt as if this was very restrictive. The last 20 feet said that area could be disturbed for a septic system but it would have to be achieved through the issuance of a variance through the Board of Zoning Appeals. We made it more restrictive but made the design of the first 40 feet on a case by case basis to be approved by the City Arborist so we could ensure that the viewshed was what we wanted to achieve. And, in addition, if it was an agricultural area, it might just be a pasture. By saying that it has to be reviewed by the City Arborist, we could look at each situation on a case by case basis. 1 Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 5 of 15 Robyn MacDonald When staff starting working on this about eight or nine months ago, in the beginning we were possibly looking at increasing the rural viewshed to 100 feet total. However, based on different input we took it back down so this is an example, it is a picture of David Chatham's Ebenezer Pond located on Ebenezer Road. But, this is an LDP plat and it is under construction. The yellow highlighted line is the 60 foot rural viewshed. We are already applying the 60 foot rural viewshed to our subdivisions. In most situations, it will not affect the lot yield. The following individuals submitted Public Comment Cards: Tim Becker, 15625 Canterbury Chase, Milton, Georgia 30004 Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004 1. Consideration of RZ15-18 — To Amend the AG -1 (Agricultural) District, Chapter 64, Article VI, Division 2. (Agenda Item No. 16-124) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Kunz moved to DEFER Agenda Item No. 16-124 to the August 8, 2016 Joint Work Session between the City Council and Planning Commission and for it to be brought back to council for a vote on a date to be determined by the council on August 8, 2016. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. 2. Consideration of RZ15-19 — To Amend the R-1 (Single Family Residential) District, Chapter 64, Article VI, Division 3 (Agenda Item No. 16-125) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 6 of 15 Motion and Vote: Councilmember Kunz moved to DEFER Agenda Item No. 16-125 to the August 8, 2016 Joint Work Session between the City Council and Planning Commission and for it to be brought back to council for a vote on a date to be determined by the council on August 8, 2016. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. 3. Consideration of RZ15-20 — To Amend the R-2 (Single Family Residential) District, Chapter 64, Article VI, Division 4. (Agenda Item No. 16-126) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Kunz moved to DEFER Agenda Item No. 16-126 to the August 8, 2016 Joint Work Session between the City Council and Planning Commission and for it to be brought back to council for a vote on a date to be determined by the council on August 8, 2016. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. 4. Consideration of RZ15-21— To Amend the R -2A (Single Family Residential) District, Chapter 64, Article VI, Division 5. (Agenda Item No. 16-127) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to DEFER Agenda Item No. 16-127 to the August 8, 2016 Joint Work Session between the City Council and Planning Commission and for it to be brought back to council for a vote on a date to be determined by the council on August 8, 2016. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. 5. Consideration of RZ15-23 — To amend the CUP (Community Unit Plan) District, Chapter 64, Article VI, Division 23. (Agenda Item No. 16-128) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 1 1 Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 7 of 15 Motion and Vote: Councilmember Longoria moved to DEFER Agenda Item No. 16-128 to the August 8, 2016 Joint Work Session between the City Council and Planning Commission and for it to be brought back to council for a vote on a date to be determined by the council on August 8, 2016. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. 6. Consideration of RZ15-24 — To Amend the Rural Milton Overlay for Single Family Type Uses (Sec. 64-1141). (Agenda Item No. 16-129) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to DEFER Agenda Item No. 16-129 to the August 8, 2016 Joint Work Session between the City Council and Planning Commission and for it to be brought back to council for a vote on a date to be determined by the council on August 8, 2016. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. UNFINISHED BUSINESS Consideration to Amend Chapter 50, Subdivisions, and Creating Section 50-162, Rural Design. (Agenda Item No. 16-130) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Lusk moved to approve the recommendation to WITHDRAW Agenda Item No. 16-130. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 8 of 15 1 2. Consideration to Amend Chapter 48, Streets, Sidewalks, and other Public Places. ORDINANCE 16-07-278 (Agenda Item No. 16-132) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Carter Lucas, Assistant City Manager) Carter Lucas, Assistant City Manager A lot of changes pertain to updating tables and standards to come into compliance with more current standards as they relate to the GDOT driveway manual. The primary changes that we discussed were related to the entrance requirement, auxiliary turn lanes, right and left turn decel lanes, gravel roads, and sidewalks and trails. We were trying to get to a more rural type look on the entrance requirements. We have added a main road with no curb or gutter associated with it as well as a rural section on the internal subdivision streets. To maintain the rural look on the external portion of the subdivision, we did not require the external curb and gutter and begin to pick up that curb and gutter external to the subdivision at a point in the radius where we can give some positive guidance but not extend it all the way out to the main road. The next change we made was to modify our turn lane requirements to conform with the current GDOT standards. We have created two sections; volumes under 6,000 vehicles per day and more than 6,000 vehicles per day. Even when the turn lanes are not required to be constructed, the right of way necessary to build them has to be dedicated as part of the development. The next section we wanted to look at pertained to gravel roads. There was some language in there that allows for private gravel roads under extraordinary circumstances. We removed the language that stated extraordinary circumstances so that it did allow the construction of gravel roads as private roads. In addition, we added some conditions on that regarding when those roads could be constructed. The 400 vehicles per day is basically standards that we have seen on our current existing gravel roads and the threshold at which we would see them deteriorate much quicker. It is also a standard established by the National Parks Service pertaining to their gravel roads so we felt as if it was well-founded. In addition, while it is still a private road, the connection between two higher classified roads would provide an opportunity to increase traffic volumes that the subdivision could not control. You could possibly have a situation where it was gated at both ends and there could be some control, but we didn't want to get into a situation where a private gravel road that the subdivision would not be able to control the traffic volume and the maintenance cost would be more than anticipated. Also, they have to be developed to public road standards and we would also develop a typical section for the construction of a private gravel road. We discussed with the Planning Commission whether or not we should accept new public gravel roads and the Planning Commission recommended that we allow public gravel roads, however, in our work session it was decided that we would not allow new public gravel roads. So, the language in this section reflects that change. We also wanted to update our Sidewalk and Trails section. We reviewed our CTP results and a lot of our surveys and the walking and biking trails ranked very high on all of the surveys. About Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 9 of 15 1,300 people took the survey and walking and biking trails ranked second and connectivity ranked third. The way it is currently written, Section 48-562 would require the installation of sidewalks within a one half mile of a school or an active public park. There was discussion of whether it included all the parks; passive parks or just the active parks. So, we included language to signify only active parks. The sidewalk, without curb and gutter, would be set back 12 feet. With curb and gutter, it could be as close as two feet. The trails have a master plan associated with it. It is a system improvement rather than a project improvement. The system improvement was included in our impact fees. Where a trail is required on the master plan, it would not be required to be installed at the time but the necessary right-of- way would have to be dedicated in which impact fee credits would be applied. The following individuals submitted Public Comment Cards: Tim Becker, 15625 Canterbury Chase, Milton, Georgia 30004 Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004 Councilmember Thurman The exceptions for paving gravel roads; that is not something we are changing? That has been there since we were a part of Fulton County, correct? Carter Lucas In the existing ordinance, it required approval of the Parks and Recreation Commission. A petition of the homeowners and it only required city council approval if there was funding associated with it. If the city was paving a gravel road; it would require council approval. If a developer or property owner wanted to pave a road, it did not require council approval. So, we modified the language to require staff and council approval to pave a road; as well as obtain the homeowner's approval. It only required the Parks and Recreation approval if the section of the gravel road was on the trail map and it would end up modifying the trail map. Councilmember Thurman So, we have actually made it more restrictive regarding paving gravel roads. Carter Lucas Yes, we made it more restrictive but are still permitting gravel roads to be paved pending council and staff approval. Councilmember Lusk Milton has about 13 miles of unpaved roads which were never really intended to be used as roads with the heavy traffic volume that we have today. I would like to see us include in Chapter 48 a provision to include that our gravel roads be brought up to a certain standard to allow for the traffic that Milton is now experiencing. As we all know, most of our gravel roads are sub -par construction because they were never intended to be used as major roads. We have the ability to design them Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 10 of 15 properly and when they are designed properly, the maintenance on them is not as much as a burden on the city. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 16-132 with the provision that Section 48-561(b)(7) "Proposed public gravel roads may be allowed through approval of the Director of Public Works and City Council." Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. NEW BUSINESS The following Agenda Item No. 16-150 was moved to before the ConsentAgenda by Motion and Vote under Approval of Meeting Agenda. Consideration of a Resolution Appointing Steven Krokoff as City Manager. RESOLUTION 16-07-375A (Agenda Item No. 16-150) (Mayor Joe Lockwood) Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 16-150. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. 2. Consideration of the Approval of a Waiver of Conflict Regarding Jarrard & Davis, LLP's Relationship with Pond & Company in Relation to the Representation of the City of Milton in Connection with Pond & Company Entering into an Agreement for Services which are Generally Described as a Roundabout Design for the Intersection of Freemanville Road at Providence Road. (Agenda Item No. 16-151) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney Pond & Company is not my client. My firm has a fairly large client base and we are specialists in local government law. Jarrard and Davis is a subcontractor along with Pond & Company which is also a subcontractor to another company called Turner -Spangler who is the primary client. Jarrard and Davis has been awarded the right to do the City of Snellville's zoning code. Candidly, Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 11 of 15 my firm does not have a conflict. We do not have an attorney/client relationship with Pond & Company. I am bringing this information to you with the thought of transparency and accountability. My ability to fully represent Milton is not in any way impacted by this situation. Also, please keep in mind that there are only certain conflicts that an attorney can waive. If there is a very good likelihood that my ability to represent you is impaired, then I am very comfortable not engaging in the situation and I would refer it to another counsel. I am required to advise you of a potential conflict, the risks involved, and letting you know that you can hire your own counsel if you would like to. The following individual submitted a Public Comment Card.- Dale ard. Dale Jackson, 2105 Bethany Way, Milton, Georgia 30004 Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 16-151. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. 3. Consideration of a Utility and Fiber Easement Agreement by and between the City of Milton and Verizon Wireless LLC d/b/a Verizon Wireless respecting the Providence site. (Agenda Item No. 16-152) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is regarding a piece of property at Providence Park. It is a small ten foot utility and fiber easement on the northwest side of Providence Park Drive. It is for the installation of telecommunications equipment that will connect us to a tower that is already on the park property that is owned by Sprintcom and Verizon now has a lease on that tower and has a need for a ten foot easement to connect to an existing utility easement on the property. I have reviewed the Utility and Fiber Easement and the memorandum that you have a copy of tonight. Carter Lucas has also reviewed it and we both feel comfortable with the language. Councilmember Thurman Why are we giving Verizon an easement for only $10.00? If I remember correctly, the city has had to pay large sums of money in the past for easements to various entities. I would like to see if we can be fairly compensated for this request. City Attorney Jarrard Per council instruction, we will ask Verizon for a dollar amount above and beyond $10.00. And, bring the issue back to council at a later date. Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 12 of 15 Motion and Vote: Councilmember Lusk moved to DEFER Agenda Item No. 16-152. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. The following Agenda Item No. 16-153 was deferred by Motion and Vote during the Approval of the Meeting Agenda to a Special Called Meeting to be held on Monday, July 18, 2016. 4. Consideration of an Intergovernmental Agreement for Use and Distribution of Proceeds Generated by the 2016 Transportation Special Purpose Local Option Sales Tax Referendum. (Agenda Item No. 16-153) (Carter Lucas, Assistant City Manager) 1 The following Agenda Item No. 16-147 was moved to New Business by Motion and Vote under Approval of Meeting Agenda. 5. Approval of the April 25, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-147) (Sudie Gordon, City Clerk) Councilmember Lusk I would like to make a motion that we defer approval of those meeting minutes until all of the comments have been included in the minutes. I am referring to the electronic comments that were made to and from city councilmembers during the course of that meeting. I bring this up because I think it is important. Re -zoning issues rise to a higher level of legality than other discussions. It was obvious during the course of the April 25th meeting that a lot of electronic messages were going back and forth in the chamber with councilmembers. And, in accordance with our Sunshine Laws, public officials must conduct public business in the open; public officials are servants of the people. Further, Georgia's open meetings law states that state and local governmental entities conduct their business so that citizens can review and monitor their elected officials and others working on their behalf. The law requires that government meetings be open to the public including meetings conducted by telephonic, electronic, wireless, or other virtual means. In addition, it is the public policy of Georgia that all state agencies should conduct business in the 1 Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 13 of 15 open and maintain records that are made available to every individual. Experience has shown that openness is the best policy in government both to ensure honest and forthright decisions by governmental officials and to continue the perception that governmental decisions are made in the brightness of Georgia's sunshine laws. There was a lot of electronic communication occurring during the April 25' meeting as well as the June 20th meeting. I think we owe the public the knowledge of that communication especially when we are discussing an issue as important as rezoning. We are getting paid to represent all of the taxpayers and they should be privy to all of the discussions between us and the gallery, the general public, and each other. My motion is that all of us submit any electronic communication that was conducted relevant to the agenda items during these meetings. Councilmember Longoria Bill, are you asking us to include in the minutes things that were not said during the meeting? Councilmember Lusk Yes, everything that transpired electronically between members of the council and others during the meetings. Councilmember Longoria What has led you to believe that anything of substance occurred? Councilmember Lusk The volume and the continuous discussions going back and forth. We are talking about transparency and openness. If we are going to sit up here and conduct a verbal meeting then if we are transmitting and receiving messages related to an agenda item, then they should be a matter of public record and included in the meeting minutes. City Attorney Jarrard Discussions that are held during a council meeting should occur on the microphone. Councilmember Longoria So, what needs to be captured as part of the minutes? City Attorney Jarrard Electronic communication cannot become a part of the minutes but they can become part of the agenda file; the minute folder; the record. The best rule to go by in government is that elected officials discuss topics in the open on the record. There is a difference between minutes and the open meetings act. If you read the actual statue on what is required to be an official set of minutes, it is very thin. It basically states that minutes should include the names of those present, the agenda items, and the substance of the discussion, which can be interpreted very broadly as far as how much detail is given. Some jurisdictions create very detailed in depth minutes and other municipalities give a very thin broad overview of what occurred. Minutes do not anticipate that every single discussion and word that occurs by council is included in the minutes. I heard Councilmember Lusk's motion was that he would approve the April 25th minutes based on the introduction of electronic communication into the record or file for the meeting. That is different Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 14 of 15 than including them in the minutes. Councilmember Lusk would like to have that information included for the purpose of transparency. Motion and Vote: Councilmember Lusk made a motion for all councilmembers to submit all electronic conversations that transpired during the April 25, 2016 - April 26, 2016 and June 20, 2016 — June 21, 2016 City Council Meetings for relative to all Agenda items to be included in the record. Consideration and approval of the April 25, 2016 regular city council minutes will occur following introduction of such electronic submissions into the retained record for those meetings. Councilmember Kunz seconded the motion. The motion passed (3-2). Mayor Joe Lockwood and Councilmember Thurman were opposed. Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. MAYOR AND COUNCIL REPORTS Councilmember Kunz I would like to discuss the possibility of creating an Equestrian Commission of individuals that the council would appoint that could help us with all things equestrian in the city. The following staff reports were deferred to the next regularly scheduled meeting. STAFF REPORTS 1. Public Works 2. Police 3. Economic Development 1 r Regular Meeting of the Milton City Council Monday, July 11, 2016 at 6:00 pm Page 15 of 15 ADJOURNMENT (Agenda Item No. 16-154) Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 11:15 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (4-0). Councilmember Hewitt and Councilmember Mohrig were absent from the meeting. Councilmember Thurman was absent for the vote. Date Approved: October 17, 2016 5? -n 4 '0� Sudie AM Gordon, City Clerk Joe Lockwood, or