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Home My WebLink AboutMinutes CC - 10/17/2016 - MINS 10 17 16 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, October 17 , 2016 at 6 :00 pm Page 1 of 11 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 October 17, 2016 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION 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 Hewitt, Councilmember Longoria, and Councilmember Mohrig. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 16-228) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda with the following change: • Move New Business Item #1 "Consideration of A Resolution Appointing a Member to the City of Milton Planning Commission for District 3/Post 2" to after Reports and Presentations. Councilmember Mohrig seconded the motion . The motion passed unanimously (7-0). Regular Meeting of the Milton Ci ty Council Monday , October 17 , 20 16 at 6 :00 pm Page 2 of 11 PUBLIC COMMENT Th e follo w ing in d iv idua ls submitted a public comment card: Cleveland Slater, 13670 Bethany Road , Milton, Georgia 30004 Tim Becker, 156 2 5 Canterbur y Chase , Milton, Georgia 30004 CONSENT AGENDA 1. Approval o f the July 11 , 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-229) (S udie Gordon, City Clerk) 2 . Approval of a Construction Services Agreement be tween the City of Milton and Great Southern Recreation , LLC for the Construction of a P layground for Broadwell Pavilion. (Agenda Item No. 16-230) (Jim Cregge, P arks and Recreation Director) 3. Approval of a Ut ility Relocation Agreement by and between the City of Milton and Georgia Power Company for P roject PI 0007313. (Agenda Item No. 16-231) (Car ter Lucas, Ass istant C ity Manager) 4. Approval of a Professional Services Agreement by and between the City of Milton and Stantec Consulting Se rv ices for Project PI 0007313 Design Modifications. (Agenda Item No. 16-232) (C arter Lucas, A ssistant C ity Mana ger) 5. Approval of a Professional Services Agreement between the City of M ilton and Constance P. Head d/b /a Technical Forestry Services for the Revision of the C ity 's Tree Preservation Ordinance. (Agenda Item No. 16-233) (Kathleen F ie ld , Commun ity Development Director) 6. Approval of Change Order #1 to the Furniture Design Consultant Agreement be tween the City of Milton and Office Images , Inc . (Agenda Item No. 16-234) (Carter Luc as, Assistant C ity Manage r) Regular Meeting of the Milton City Council Monday, October 17 , 2016 at 6:00 pm Page 3of11 7. Approval of Subdivision Plat Re visions Approval. Name of Development/ Location Action Comments/ # lots 1. Brigitte Vantieghem , LL 681 ,688 Minor Combine 2 Plat lots 2. Parkview, LLl 169 Final Plat Revision 13 lots Revise addresses lots 1-3 and lots 11-13 3. Patrick R . Fullerton & David Minor Create Marsden. LL 889 , 912 Plat 2 lots 4. James A. Byrnes & Alison D Byrnes Minor Create Plat 2 lots (Agenda Item No. 16-235) (Kathleen Field , Community Development Director} Total Density Acres 7 .55 .13 Lots I acre 2.8 4.59 lots I acre 4.819 .41 Lots I acre 8.835 .23 lots I acre Motion and Vote: Councilmember Lusk moved to approve the Consen Councilmember Thurman seconded the motion. The motion passed unaru t Agenda. ·mously (7-0). REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Breast Cancer Awareness Month. (Councilmembers Karen Thurman, Joe Longoria and Rick Mohrig) FIRST PRESENTATION (No n e) PUBLIC HEARING 1. Consideration of a Resolution of the City of Milton, Georgia Extend December 6, 2016 , an Existing Moratorium Barring the Acceptance Conceptual Plan Approval for Subdivisions Located within the Five (Agenda Item No. 16-236) (Ken Jarrard, City Attorney) The following individuals submitted a public comment card: Billy Carman, 340 Five Acre Road, Milton, Georgia 30004 Laura Bentley , 2500 Bethany Church Road, Milton, Georgia 30004 --------------------------- ing Until of Applications for Acre Road Zone. ~ Regular Meeting of the Milton City Council Monday, October 17 , 20 16 at 6:00 pm Page 4 of I 1 Ken Jarra rd, City A tt orney This is the public hearing for the extension of this morato rium . As you may recall, we had an emergency moratorium that we added that was prepared to supplement an existing moratorium with respect to the acceptance of these concept plan approvals whi le the city modified the code with respect to Highway 9. So , this is just adding t o a mo ratorium that is already in place to add the Five Acre Road area. If this is approve d , it wi ll ex tend this component of the moratorium until December 6, 2016 which is consistent with the rest of the moratorium that has already been put in p lace. ALC OHOL BEVERAGE LICENSE APPLICATION PUBLIC HEARING 1. Consideratio n of the Iss uance of an Alcoho l Beverage License to LRF Milton, LLC dba Little Rive r Farms , Located at 14505 Batesville Road, Milton, Georgia 30004. (Agenda Item No. 16-237) (B ernadette Harvill, Fin ance Director) Stacey Inglis, Assistant City Manager This is the first of its kind. We have not had a special event s fac ility alcoho l beverage license issued be cause we have only had two facilities . This one all ows alcohol to be served by the employees of the event facility at Little River Farms at their special events. They have adhered to all the requirements of the city and staff recommends approval. Moti on and Vote: Councilmember Longoria moved to approve Agenda Item No . 16-237. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). ZONING AGENDA (No ne) UNFINISHED BUSINE SS (No ne) NEW BUSINES S 1. Consideration of a Resolution Appointing a Member to the City of Milton Planning Commission for District 3/Post 2. RESOLUTION NO. 16-10-389 (Agenda Item No. 16-238) (lvfayo rloe l ockwo od) .. ----~ ------------------~ Re g ular Meeting of the Milton Ci ty Counci l Monday, October 17 , 2 016 at 6 :00 pm Page 5of11 Motion and Vote: Councilmember Thurman moved to approve Sumeet Shah to the Planning Commission for District 3/Post 2 . Councilmember Longoria seconded the motion. The motion passed unanimousl y (7-0). 2. Consideration of a Resolution to Create the Milton Cultural Art Committee (MCAC). RESOLUTION NO. 16-10-390 (Agenda Item No. 16-239) (Sa rah LaDart, E co nomic Development Ma n ager) Sarah LaDart, Economic Development Manager This resolution is something that you asked me to look into a long time ago. It is finally completed and has been appro ved by legal. It covers everything you asked for it to include including all areas of art that could potentially take place in the city such as the literary festival , li ve theater, public art displayed on city property , etc . If this resolution is approved tonight, the next step would be for you to appoint members to the committee. Councilmember Kunz I would like to change the resolution to add that councilmembers can appoint members "at-large" and not necessaril y from their district. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 16-239 with the change that appointees be "at-large " instead of by district. Councilmember Thurman seconded the motion. The motion passed unanimousl y (7-0). 3. Consideration of a Resolution of the City of Milton, Georgia Extending Until December 6 , 2016 , an Existing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions Located within the Fi ve Acre Road Zone . RESOLUTION NO. 16-10-391 (Agenda Item No. 16-236) (Public Hearing Held at Oc tober 17, 20 16 Regular Co uncil Meetin g) (Ken J arrard, City Attorn ey) Ken Jarrard, City Attorney This is the resolution that we just discussed during the public hearing section ofthis meeting tonight. This would impose the moratorium as discussed until December 6 , 2016. Regular Meeting of th e Milton City Council Monday, October 17 , 2016 at 6 :00 pm Page 6of11 Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 16-236 . Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 4. Consideration of a Resolution Adopting the City of Milton Comprehensive Plan Update 2016. RESOLUTION NO. 16-10-392 (Agenda Item No. 16-240) (Michele Mcintosh-Ros s, Principal Planner) Michele Mcintosh-Ross, Principal Planner The City of Milton adopted its 2030 Comprehensive Plan on June 06, 2011. Per the regional and State planning requirements , the city is required to prepare and submit a five-year update of its Comprehensive Plan by October 31, 2016 . With the assistance of the ARC staff, and the City 's Comprehensive Plan Adv isory Committee (CPAC), the planning process got underway in November 2015 with a public hearing and Comprehensive Plan Kick-Off meeting. Subsequent meetings were held with the CP AC and the community to gather thoughts and comments. A draft City of Milton Comprehensive Plan Update 2016 was prepared and discussed at the July 18, 2016 joint CP AC and City Council work session. Comments derived from the work session were considered by CP AC and re sulted in the revised Draft dated August 10 , 2016. On August 15, 2016 the city council approved a resolution to transmit the draft Ci ty of Milton Comprehensive Plan Update 2016 for State and regional review. On September 30 , 2016, the Atlanta Regional Commission and the Georgia Department of Community Affairs submitted a letter approving the City of Milton Comprehensive Plan Update 2016, and have found it to be consistent with all State and Regional requirements . Motion and Vote: Counc ilmember Thurman moved to approve Agenda Item No. 16 -240 with the addition of the word "rural" before the word "heritage" under the Comprehensive Plan Vision and on page 72 change LUDCl 1 to read that the City Council unanimously denied the "pro posed ordinance" by a vote of 7-0 . Councilmember Hewitt seconded the motion. The motion passed (5- 2). Councilmember Kunz and Councilmember Lusk were in opposi tion. 5. Consideration of a Resolution Adopting the Capital Improvements Element 2016 Annual Update, Relating to the City's Impact Fee Program 2016. RESOLUTION NO. 16-10-393 (Agenda Item No. 16-241) (Michele Mcin tos h-Ross, Principal Planner) Michele Mcintosh-Ross, Principal Planner As a municipality that collects Impact Fees , a Capital Improvements E lement (CIE) Annual Update is required per the Georgia Department of Community Affairs (DCA). The 2016 CIE update contains the five-year project lists for impact fee eligible items based on the adopted 2015 CIE. A CIE Annual Update was prepared by the city's impact fee consultants, Ross+ Associates. Regular Meeting of the Milton City Council Monday, October 17 , 2016 at 6 :00 pm Page 7of11 The document was reviewed by staff, and discussed at the August 8 council work session. A public hearing was held on August 15, 2016 and the council approved a resolution to transmit the draft 2016 CIE Annual Update for State and regional review. The Atlanta Regional Commission and the Georgia Department of Community Affairs have reviewed the 2016 Capital Improvements Element Annual Update, and in a letter dated October 4 , 2016 have found it to be consistent with all State and Regional requirements . Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 16-241. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 6. Consideration of a Resolution of the City of Milton, Georgia Establishing a Per Diem Rate for Members of Ethics Panel. RESOLUTION NO. 16-10-395 (Agenda Item No. 16-242) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney Section 2-885(b) of the Code of the City of Milton requires that members of the ethics panel shall be paid a per diem for each meeting or hearing they are required to attend. Section 2-885(b) of the Code of the City of Milton requires the City Council to approve the per diem rate. The City Council finds that a per diem rate of $100 is reasonable compensation for serving on the ethics panel. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 16-242. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 7 . Consideration of a Resolution and Agreement by the City of Milton Appointing Jarrard & Davis , LLP as City Attorneys. RESOLUTION NO. 16-10-394 (Agenda Item No. 16-243) (S teve Kr okojf, City Manager) Steve Krokoff, City Manager Jarrard & Davis shall be responsible for the general legal representation of the City of Milton and all of its agencies , employees , elected officials, and departments irrespective of the nature or type oflegal matter involved, and specifically including but not limited to , matters oflitigation, property acquisition, zoning, contract review and negotiation, and general counsel and advice. The representation as defined above shall be provided at a billable rate of$175 .00 per hour for attorney services and $75.00 per hour for paralegal services. In the event that J&D is presented with a legal conflict on a certain matter for which J&D has responsibility, and no waiver of conflict is secured, the City Council , upon becoming apprised of such conflict by J&D, shall appoint different counsel to handle the matter in resolution of the conflict. J&D is authorized to provide a recommendation ------------------------------------- Regular Meeting of the Milton C ity Council Monday, October 17 , 2016 at 6 :00 pm Page 8of11 regarding selection of conflict counsel and , absent unusual circumstances , conflict counsel shall charge a rate that is the same as set fort h in paragraph 2. Expenses incurred such as computerized research, postage , copying , transcripts , court reporters , expert witness fees, and other out-of-pocket expenses shall be billed directly to the City. This appointment may be terminated at any time , with or without cause , upon formal vote of the City of Milton to so terminate. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 16-243 . Councilmember Hewitt seconded the motion. The motion passed unanimous ly (7-0). 8. Council Discussion Regarding Possible Charter Changes to Section 1.12(b )( 40) and Section 6.1 l(b) of the Milton Charter. (Agenda Item No. 16-244) (Ken Jarrard, City Attorn ey) Ken Jarrard, City Attorney City of Milton Charter Amendments Section 1.12(b)(40)(A) For all years , the millage rate imposed for ad valorem taxes on real property for operating budget purposes (not general obligation bond oumoses) shall not exceed 4. 731 unless a higher limit is recommended by resolution of the city counci l and approved by a majority of the qualified voters of the city voting in a referendum; provided , however, that for the purposes of compliance with O.C.G.A. § 48-8-91 , the millage rate may be adjusted upward for the sole purpose of compl ying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph , the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate , which was capped in the original charter for the city?' If such millage rate increase is approved by the qualified voters of the City of Milton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the ci ty council and approval by a majority of the qualified voters of the City of Milton voting in a referendum. Section 6.ll(b) For all years , the millage rate imposed for ad valorem taxes on real property fur operating budget purpo ses (not general obligation bond purooses) shall not exceed 4.731 unless a higher millage rate is recommended by resolution of the city counci l and subsequently approved by a majority of the qualified voters of the cit y voting in a referendum. For the purposes of this subsection, the term 'quali fi ed voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not appl y to the hypothetical millage rate computed under subsection (a) of O.C.G .A. § 48-8-91, relating to conditions on imposition of the joint county and municipal sales tax. Re g ular Meeting of th e Milton Ci ty Council Monday, October 17 , 2 016 at 6 :00 pm Page 9of11 Motion and Vote: Councilmember Kunz made a motion to mo v e forward with the process of possible changes to the Milton Charter. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). 9 . Consideration of an Ordinance to Amend Chapter 2 , Article VIII , Ethics Code, of the City of Milton Code of Ordinances. (Agenda Item No. 16-245) (Ken J arrard, City A ttorney) Ken Jarrard, City Attorney Section 45-9-21 (a) of the Official Code of Georgia Annotated authorizes the City to , in its discretion and as part of compensation paid to its emplo yees , adopt policies whereby the City will undertake to defend all or specified civil , criminal , or quasi-criminal actions brought or maintained against City emplo yees and Ci ty officials arising out of the performance of their duties. The Supreme Court of Georgia has held that local go vernment authorities have considerable latitude in determining what actions will be defended, Haywood v. Hughes , 238 Ga. 668 , 669 , 235 S.E.2d 2, 3 (1977). The Supreme Court of Georgia has further held that where a local government official , acting in an official capacity , is required to hire outside counsel to assert a legal position that the local government attorney cannot assert because of a conflict of interest or will not assert and the official is successful in asserting his or her position , it constitutes an expense of government operation for the local government to pay the official's attorne y's fees , Gwinnett County . v . Yates , 265 Ga. 504 , 508 , 458 S.E.2d 791 , 795 (1995). The City wishes to adopt a policy whereb y, in the event a City emplo yee or City official is required to retain outside counsel to defend an ethical complaint and the ethical complaint is dismissed , the City will reimburse such City employee or City official for all or a part of the cost of their defense. Di v ision 5, "Ethics Complaints" shall be modified to include the following new Section 2 -897 , "Reimbursement for reasonable attorney's fees ": In the event an ethics complaint brought against the respondent arising out of their official duties is dismissed [b y either voluntarily withdraw al of the complaint b y the petitioner or by action of the ethics panel or superior court dismissing the complaint as unfounded], the respondent shall be entitled to reimbursement from the City for reasonable attorne y 's fees and costs incurred in defending said ethics complaint. U pon securing a final determination by the ethics panel or superior court of the complaint being dismissed , the respondent shall submit a copy of the order making such findings to the Milton City Manager along with a copy of all applicable itemized attorneys' fees and costs incurred in defending same . The itemized attorney's fees and costs shall have attorney time and tasks broken down in 11 10 of an hour increments along with the attorney 's hourl y fee , coupled with a sworn statement b y the attorney that the amount submitted for repayment is the same amount for which the respondent would otherwise hav e been responsible or has already paid . Other than attorney time, no other expense or fees shall be subject to reimbursement. The City Manager shall submit the attorney fee statement to the City Attorney for a determination of reasonableness , of which determination shall be prov ided in writing (or e-mail) to the City Manager. Upon the fees being deemed reasonable, the City Manager shall submit all documentation to the department of finance for issuance of a reimbursement check to the re s pondent or respondent's attorney, at respondent's sole discretion. In no event shall reimbursement under this paragraph exceed $5 ,000.00 per ethics complaint. All other portions of the Ethics Code Ordinance shall remain undisturbed and are Regular Meeting of the Milton City Council Monday , October 17 , 2 016 at 6 :00 pm Page JO of 11 hereby reaffirmed. That all Ordinances , parts of Ordinances, or regulations in conflict herewith are hereby repealed . Motion and Vote: Councilmember Thurman made a motion to direct the City Attorney to prepare the item for a Public Hearing. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0 ). Councilmember Kunz recused himself. 10 . Consideration of Subdivision Plat Revisions Approval : Name of Development/ Location Action Comments/ # lots Total Density Acres l. Kennewick Park, LL 757 Final Plat Create 13 2.89 4.5 Lots I acre lots 2. Mayfair Estate s, LL 268 , 269 , 270 Final Plat Create 26 31.69 .82 Lots I acre lots 3. 15355 Hopewell Rd , LL 474 Minor Create 2 2.63 .75 lots I acre Plat lots (Agenda Item No. 16-246) (Kathleen Fie ld, Co mmunity Dev elopm ent Dir ector) Motion and Vote: Councilmember Thurman moved to approve the Kennewick Park Development. Councilmember Kunz seconded the motion. The motion passed unanimously (7- 0). Motion and Vote: Councilmember Hewitt moved to approve the Mayfair Estates Development. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Longoria moved to appro ve the 15355 Hopewell Road Development. Councilmember Hewitt seconded the motion. The motion was denied (4-3). Councilmember Thurman, Councilmember Kunz, Councilmember Lusk and Councilmember Mohrig were opposed. Regular Meeting of the Milton City Council Monday, October 17 , 2016 at 6 :00 pm Page 11of11 MAYOR AND COUNCIL REPORTS STAFF REPORTS Kathy Field, Community Development Director The final presentation for the Masterplan Downtown Crabapple has been scheduled for November 30 , 2016. After the Planning Commission reviews it, we hope to bring it forward to council in February 2017 for consideration. Tonight on the Consent Agenda, you approved the consultant who will be helping us with the revisions to the Tree Preservation Ordinance. The kick-off for the stakeholder meeting will be October 26th. Town Hall Meetings have been scheduled for the Greenspace Bond issue. Several text amendments are scheduled to go to the Planning Commission for review next week then to the council during the third meeting in November. ADJOURNMENT (Agenda Item No. 16-247) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 8:00 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Date Approved: December 19 , 2016 Sudie AM Gordon , City Clerk Joe Lockwood , Mayor