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HomeMy WebLinkAboutMinutes CC - 08/07/2007 - MIN. REG. 08.07.17 (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, August 7, 2017 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 August 7, 2017 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for the City of Milton Police and Fire CALL TO ORDER Mayor ,Toe 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 (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 17-200) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following change: • Add an Agenda Item under New Business, `Consideration of a Joint Property Acquisition Agreement between the City of Milton and the City of Alpharetta for the Purchase of Park Property." Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent for the vote. Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 2 of 15 PUBLIC COMMENT The following individuals submitted a public comment card: Joe Cramer, 125 Wynstead Court, Milton, Georgia 30004 Richard Armenti, 1450 Birmingham Road, Milton, Georgia 30004 Theodore Cox, 13860 Bethany Oaks, Milton, Georgia 30004 CONSENT AGENDA 1. Approval of the July 24, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-201) (Sudie Gordon, City Clerk) 2. Approval of Admin. Mod. 2017- 01 — Northeast Corner of Bethany Bend and Cogburn Road containing 9.09 acres located in Land Lot 832 of the 2nd District 2nd Section by Arrowhead Real Estate Partners, LLC to modify condition 3.n. 3.r. to revise the grading plan received by the Community Development Department on July 21, 2017. (Agenda Item No. 17-202) (Kathleen Field, Community Development Director) 3. Approval of a Construction Services Agreement between the City of Milton and Superior Fence of Georgia, LLC for the Fence Construction at Birmingham Falls Elementary and Cogburn Woods Elementary School. (Agenda Item No. 17-203) (Jim Cregge, Parks and Recreation Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Mohrig was absent for the vote. REPORTS AND PRESENTATIONS 1. Swearing -In of New Firefighter. (Bob Edgar, Fire Chiej) 2. Proclamation Recognizing Kathy Johnson's Service to the City of Milton. (Mayor Joe Lockwood) Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 3 of 15 FIRST PRESENTATION (None) PUBLIC HEARING (None) ZONING AGENDA (None) PUBLIC COMMENT Joe Cramer, 125 Wynstead Court, Milton, Georgia 30004 Today, I come before you to talk about a topic that I presented to you several years ago which is noise. Specifically, I want to talk to you about the noise coming from the Milton High School Football Stadium. Despite continuous efforts over time with several school administrators, the noise problem with the school is at its worse. Prior to construction of the school, our neighborhood was told by a Fulton County Board of Education representative, that noise would not be a big problem because they only have five home football games per year. What they did not say while there were only five varsity home games per year, there were also freshman, junior varsity, and feeder football teams using the sound at the stadium on Thursday and Friday nights and all day on Saturdays. Over the past couple of years, the other sports teams at the high school have decided that they too need to blast music from the loud speaker system and have their announcers scream into the microphone each play by play. During the spring, the sound system is cranked up nearly every night and on the weekends. The music starts an hour before game time, is played for every break in the action, and continues long past the time that the last fan has left the stadium. And, while I am no prude, the music choices played on the sound system contain some of the filthiest lyrics I have ever heard in my life. It is broadcast all over the surrounding area, night after night. Which brings me to the latest edition of the sound ordinance. The changes seem mostly geared toward residential and commercial regulation of noise. As far as noise coming from the schools is concerned, the revised ordinance either exempts schools, including private schools, or silent where amplified sound is concerned. We have been told in the past that the city cannot regulate what the Fulton County School does, but certainly it should take the position that the citizens of Milton are owed the courtesy and respect of the city ordinances, even if that means compliance is voluntary. I urge the city council to develop a plan to address the problem of noise coming from the schools, in order to live up to the stated objective of the original sound ordinance by preserving the quality of life of the citizens of Milton. Richard Armenti,1450 Birmingham Road, Milton, Georgia 30004 I have read the new noise ordinance and I greatly appreciate all the time and effort that has gone into it. It is very similar to Roswell and Alpharetta. One thing that concerns me is that I have property that is directly behind it, I am on a hill, so there are 25 homes in the neighborhood. I am Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 4 of 15 not a contractor but it takes about 15 subcontractors to build a home. So, that is 375 contractors over the course of five years to develop the community. So, if it is just a noise ordinance, technically, they can be there 24 hours a day; 365 days a year. Maybe I missed it and it was built into the construction ordinance where they can't be on the property, but it is overwhelming. The workers are coming on 'every holiday, picking up gear, things like that. Something where you can't have video every time it happens. So, I didn't know if there is a way to build into that noise ordinance, something where they have to work within the hours that have been established. I think it is something like 70 hours per week that they can be on the property. So, if they could eliminate them being there from 7:00 at night until 6:00 in the morning; that would be great. It would truly cut down on the massive amount of traffic that would come through the subdivision. Theodore Cox, 13860 Bethany Oaks, Milton, Georgia 30004 I am here tonight to address the noise ordinance and, in particular, how Milton regulates noise on AG -1 property operating with a use permit. As you know by the document presented for your approval tonight, commercial property is now defined to include, "any and all properties operating with a use permit." I believe this may be an overly broad definition and I look forward to additional clarification which I discussed earlier today with Robyn MacDonald. I have been before the city council several times regarding the festival event use permit granted to 13895 Hopewell Road which is AG -1 property adjacent to the Bethany Oaks Subdivision. As discussed in 2015, the noise ordinance applied to this use permit was essentially identical to the noise ordinance applied to commercial establishments. In 2015, city council heard how the level of music coming from a bar like Montana's was the.standard that applied to this AG -1 property. In particular, the required standard for festivals and events, outdoor and indoor, has a maximum continuous sound of 60 dba and a maximum peak of 75 dba. In the case of the property in question, the noise could be 75 dba until 10:00 pm at night 365 days per year. Yet, the newly proposed commercial noise ordinance restricts noise to 60 decibels after 9:00 p.m..; Thursday through Sunday. So, yes, a louder and later limitation for this use permit property would exist which is permitted by your own newly proposed commercial standard. Keep in mind, the use permit I am discussing is for property that is roughly two acres from the Bethany Oaks Subdivision. It is not on an 80 acre property such as Little River Farms. Compliance with the required standard for festivals and events is the standard that is applied to the property in question, hence, if the noise standard is raised for festivals, as it is now being increased for commercial activity to 85 decibels, will this also apply to all existing use permits of festival events. It seems very unclear by my review of the ordinance. Also, to put noise levels in context. A passenger car at 65 miles per hour at a distance of 25 feet is 77 decibels. A vacuum cleaner is 70 decibels. Note that 80 decibels is twice as loud as 70 decibels as it is a logarithmic scale. A diesel truck at 40 mph at 50 feet is 84 decibels. A diesel train at 45 mph at 100 feet is 83 decibels. This type of noise seems very high for a use permit on AG -1 property if any such properties exist that are not otherwise subject to a specific noise limitation. Also, I understand the proposed ordinance was patterned after Charlotte -Mecklenburg but, clearly, Milton is not Charlotte, NC. Hence, I question if a use permit in Milton, GA, a horse community, has an entirely different definition than a use permit in Charlotte, NC. I suspect it does. In this regard, I would bring the noise ordinance of John's Creek to your attention. In July 2016, John's Creek passed a nuisance law based on a "plainly audible standard" to determine whether amplified sound Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 5 of 15 from an entertainment venue is violating the noise ordinance. According to this "plainly audible standard" a violation occurs when a listener with normal hearing can understand speech; whether the voice is normal or raised and whether the listener can distinguish repetitive base sounds and musical rhythms without the aid of a listening device. Furthermore, John's Creek specifically defines a noise nuisance as any artificial noise exceeding 55 decibels from 7:00 am to 11:00 pm. The actual language states that no property owner shall use any device or instrument at an entertainment venue that creates or amplifies sound that is plainly audible at a receiving residential property including loud speakers, amplifiers and public address systems. I stress again, their limitation is 55 dba and reduced to 40 dba after 11:00 p.m.; not 60 dba as I am subject to, and certainly not 75 peak decibels. I will quote what John's Creek's Mayor, Mike Bodker, said in the newspaper, "The new noise provision of the nuisance ordinance balances the desire by residents to be able to quietly and peacefully enjoy their homes without undue disruption of their daily lives. Our community wants our businesses to successfully operate while limiting noise emanating from inside of their businesses." I could not agree more. UNFINISHED BUSINESS Consideration of an Ordinance to Amend Chapter 20 of the City Code - Noise Control. (Agenda Item No. 17-170) (First Presentation at July 10, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director As you know, we recently discussed the draft of this ordinance and at that time you asked us to make some modifications to it. Robyn and our student intern, Taylor, are both here to give you the presentation. Robyn MacDonald, Zoning Manager The existing Noise Control ordinance is very difficult to administer and enforce based on the required maximum noise levels (dba) or specific times during the day and the change in amount of noise allowed. In addition, the existing ordinance does not address specifically amplified sound, sounds produced by animals or moving vehicles. This proposed ordinance will replace the existing ordinance in its entirety. The basis of this proposed ordinance was from Charlotte -Mecklenburg Police Department where Chief Austin previously served and successfully administered and enforced the ordinance. Staff has provided drafts of the ordinance to various departments within the City including the Police Department, Code Enforcement and the Communications Department for their feedback. The City Attorney's office has also worked closely with Staff on the proposed draft. Staff held a Community Zoning Information Meeting in May where only City Staff was present. The proposed ordinance was presented at the June 28, 2017 Planning Commission Meeting and it was recommended approval by a vote of 6-0. There were no members of the public Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pin Page 6 of 15 present at the meeting. The draft that was provided to you is new in its entirety with the red -lines indicating the City Attorney's and the Planning Commission's recommended changes resulting from their June 28th meeting. Staff has also provided the existing Noise Ordinance for your reference. Below is a chart comparing the two ordinances and their differences. Comparison of Existing Noise Ordinance and Proposed Noise Ordinance Issue Existing Ordinance Proposed Ordinance General Noise Sec. 20-660 — Not permitted Sec. 20-657 — Prohibited when based on creating "loud and unreasonable Complicated source and receiving noise" with no minimum sound. of sound Includes a definition. Sounds impacting Sec. 20-680,20-681- Minimum Sec. 20-659—Any noise that residential life dBA for residential and then negatively impacts residential life modifications with complicated categorized by various uses with change in noise level and specific times not permitted. duration. General exemptions Sec. 20-701— Government Sec. 20-659 (c) — Emergency mandated work, noise from operations, work by city in the right - aircraft, watercraft, railroads, of -way if required between 9 p.m. official city sponsored events for and 7 a.m., government, public and general public without charge, private school activities such as natural phenomena and sporting events and associated unamplified human voices. activities. Sounds exempt during Sec. 20-702 — Between 7:30 am Sec. 20-659 and 20-660 daytime hours and 10:00 pm., including Exemptions for both sound and construction sites and commercial amplified sound prohibited during lawn maintenance. certain days and times based on type of user. Amplified Sound Does not directly address Sec. 20-660 — Breaks down various amplified sound. types of amplified sound in all zoning districts and types of users with prohibited days and times. Permits for additional Does not provide for this type of Sec. 20-661 amplification for permit. residential or commercial use Outdoor amplification Does not directly address this type Sec. 20-661.1 and 20-661.2 and music at commercial of noise. establishments and residentially used properties. Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 7 of 15 Chronic Commercial Does not directly address this Sec. 20-661.3 Noise issue. Animals Does not directly address this Sec. 20-662 issue but presumed could be (a) Noise from animals that make enforced under Sec. 20-723. noise for more than 15 minutes. (b) Addresses creating noise or sounds that would knowingly cause animals significant distress such as shooting of fire arms, combustible or explosive composition Motor Vehicles Does not directly address this Sec. 20-663 issue but presumed could be Specific noises from motor vehicles enforced under Sec. 20-723 not permitted. Consumer Fireworks Does not address this issue. Sec. 20-664 No use between the hours of 9:01 PM and 9:59 AM except on July 3 and July 4 until 11:59 PM and on December 31 until midnight into January 1 ending at 1:00 AM Penalty Sec. 20-558 — Same penalties — Sec. 20-665 — Same penalties — Sec. Sec. 1-5 1-5 Variance/Appeals Sec. 20-722 — Administratively Sec. 20-666 - Administratively granted by Community granted by Community Development Development Director Director Councilmember Thurman We had three residents speak about specific issues. Can you address any of their issues? Robyn MacDonald The last comment regarding Mr. Runner's property on Hopewell and the issue of the use permit and I can directly address that. The use permit that was approved; or any type of use permit that has any type of sound requirements of the use permit and/or even more restrictive requirements for conditions of the use permit, that would supersede any other of the noise requirements. That is stated in the use permit section; if it is more restrictive, then it would supersede the ordinances. Councilmember Thurman On that property, what were the conditions of the use permit? Regular Meeting of the Milton City Council Monday, August 7, 2017.at 6:00 pm Page 8 of 15 Robyn MacDonald It was the timing that changed so for Mr. Runner's property it stated that any artificial sound shall cease at 10:00 p.m. and also that all artificial sounds shall be emitted from the western section on the Hopewell side of the house. The use permit states that the maximum continuous sound level of 60 dba and a maximum peak sound level of 75 dba shall not be exceeded at the property lines adjacent to the residential districts or AG1 districts used for single family dwellings. I cannot speak about the schools; specifically about their complaints. Regarding construction noise, typically, the ordinance dealing with construction noise, if there are issues with individuals making construction noise' on Sundays and Holidays, which is not permitted, so we need to know about that which would fall under our Code Enforcement Department. Technically, if an individual is inside a building and they are not emitting noise, then there is nothing to keep them from doing their work. If they are making noise, then they have to adhere to the noise ordinance. Councilmember Longoria For some reason, I have the idea that as property owners in the City of Milton, the Fulton County Board of Education is somehow exempt from following certain laws and ordinances for the city; is that correct? City Attorney Jarrard Generally, that is the case. The law provides is that the jurisdiction, such as the Fulton County Board of Education, or any entity that has condemnation power, is generally exempt from the city zoning ordinances. A zoning ordinance is any ordinance that exercises police power that divides up a jurisdiction into different districts and then imposes different rules in each district based upon that division. The noise ordinance talks about uses that can occur in commercial areas, residential areas, and make cross-references back to our specific zoning designations. Therefore, the Fulton County Board of Education would have a very compelling argument that they are exempt from our noise ordinance. The reason for these exemptions is the notion that entities that have condemnation power are the sole arbiter of what property is best to put various uses on and if the local zoning ordinance could overrule that then we could be able to tell the school system where they can put their facilities. Councilmember Longoria When we discussed this during the recent work session, we mentioned establishing objective criteria versus subjective criteria and you gave us a good example of that in terms of the language change you were thinking about. This is my concern; if we get a noise call from a citizen who says that the noise is unreasonable and our police officer shows up and he thinks that the noise is not unreasonable, then we are putting our city employees against our citizens with no clear way of determining who is correct. A decibel can be measured and established very easily. So, if our ordinance states that 55 decibels is the limit and someone calls and complains and the officer shows up with a decibel meter and can measure the decibel level then at least there would be a clear answer. Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 9 of 15 Councilmember Mohrig I would like for us to meet with Katie Reeves, Fulton County Board of Education representative, as well as Milton High School administration to open the dialogue and see what we can do to help our citizens who are being affected by the noise coming from the school. Councilmember Longoria If we are going to have that discussion, then we need to remove the language from the ordinance that states that schools are exempt from the ordinance. Councilmember Lusk Regarding our discussion about the noise ordinance as it relates to Milton High School, I wonder how many times, I'm sure it is on the record, the police have gone to the school and checked the decibel level. I would be interested in the actual decibel readings of those incidents. I know this has been going on for the last 15 years; it has been almost 20 years since the high school opened. I live over three miles away from the school and I can hear the noise; particularly the band. During football games, I can hear the loudspeaker. I would really be in favor of getting together with Katie Reeves and the superintendent and open the dialogue about how we can resolve this issue. Half of the property tax that our citizens pay goes toward the school system. I think we should have a voice in this matter. The language in the music that is being played also concerns me. If there is music with lewd content being played, then that needs to be addressed as well. Councilmember Hewitt I think in Forsyth County their noise ordinance states 7:00 am to 7:00 pm Monday through Friday and 9:00 am to 6:00 pm on Saturday. We may want to look at changing the heading on our chart to include all activities that make noise because there are plenty of things that make noise other than just construction equipment. Also, in Forsyth County they put the days and times that construction is permitted on the coversheet of the plans and post a sign on the construction site. Councilmember Lusk It is not just the noise that is a problem but the construction traffic coming in and out of building sites and subdivisions that are being constructed. Councilmember Thurman I think noise needs to end on Saturdays, Sundays, and holidays at 6:00 pm. So, I would like to see the ordinance changed to 6:00 pm instead of 7:30 pm on those days. Mayor Lockwood Staff, have you been able to capture all of the suggestions that have been made? Robyn MacDonald _ With respect to issues with the school, that is a situation that we cannot resolve here tonight. I have heard suggestions about amending the timing of noise allowance and commercial versus personal uses. It was also suggested that we need to take a look at our other ordinances as they relate to construction activity. Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 10 of 15 Councilmember Hewitt Also, I understand the chart but it is very confusing. So, I would like to see something about outside activities that emit noise and make it very clear what is acceptable and what is not. Motion and Vote: Councilmember Kunz moved to DEFER Agenda Item No. 17-170 to the September 11, 2017 Regularly Scheduled City Council Meeting. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 2. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. ORDINANCE NO. 17-08-326 (Agenda Item No. 17-156) (First Presentation at July 10, 2017 Regular City Council Meeting) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is an ordinance to authorize Fulton County to conduct Milton's city-wide general election in November and, if needed, a runoff election in December. This is not unusual; we have done this before. They apply an entire county -wide budget and then they back out a certain percentage and assign that as our portion based upon our percentage of electors to the whole percentage of electors in Fulton County. We account for 4%; which is considered to be our share. In addition, they have added a 10% administrative fee. So, they have calculated the entire cost of running all the elections in Fulton County; calculated our 4% of that number, then added a 10% administrative fee. So, our cost for the general election is $78,458.60 and the cost of a runoff, if needed, is $66,982.30. This agreement states that we are to pay 75% upfront then after the election is over they will bill us if the actual cost was more or refund us if we have overpaid. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 17-156. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Lusk was not available for the vote. NEW BUSINESS 1. Consideration of an Agreement with the City of Milton and Gas South for Economic Development Purposes. (Agenda Item No. 17-204) (Sarah LaDart, Economic Development Manager) Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 11 of 15 Sarah LaDart, Economic Development Manager This is an alliance partnership agreement between the city and Gas South. In return for us agreeing for Gas South to be a preferred provider, they will be giving the city $12.00 for each new residential hook up; and $24.00 for each new commercial hook up, with a $1.00 per month royalty payment to the city for each residential customer and $2.00 per month for each commercial customer. So, this is a revenue generator. No other utility company has asked us to participate in this type of agreement; however, if another company asks the city to enter into this type of agreement with them, we are open to that possibility as well. This is not an exclusive agreement so if another utility company would like to do something like this then we could go out to bid. In addition to the incentive payments, Gas South will offer citizens discounts. Gas South will also partner with us during our special events. Some of our neighboring cities already participate in this program; Kennesaw, Woodstock, Roswell, and Sandy Springs. Roswell indicated that they receive approximately $50,000 per year from this program so I would anticipate that we could possibly collect about $10,000 based on our population. I would like for that money to go to our Community Outreach Department. Councilmember Kunz I have a problem with this agreement; nothing against the idea, but the question comes to mind; what is the role of government. I have taken GMA classes in regard to public-private partnerships and there are situations where it makes sense; especially where there is a hardship and the citizens have a need. In this particular case, I do not really see the need. I don't feel good about a company piggybacking off of our influence for advertising and then paying us back. I would rather those cost savings go directly to the customer. Councilmember Thurman There will be a discount to the citizen for signing up with Gas South. Other companies could participate in this same type of program. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 17-204. Councilmember Mohrig seconded the motion. The motion passed (6-1). Councilmember Kunz was in opposition. 1. Consideration of a Separation Agreement and Full and Final Release of Claims between Thom Brown and the City of Milton. (Agenda Item No. 17-205) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is a separation agreement that we have previously discussed and it has to be brought out in an open forum. This is a full and final release between the city and former employee, Thom Brown. There are two provisions which are that Mr. Brown and the city will settle fully and finally any and all differences and disputes between them, including but not limited to, claims arising out Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 12 of 15 of Mr. Brown's employment with and separation from the fire department, and that Mr. Brown agrees to waive and release any and all claims related to his employment and that Mr. Brown agrees to voluntarily separate from his employment with the fire department and the city, and separation will be effective upon Mr. Brown's signature of this agreement, and Mr. Brown will receive compensation for his current paid time off balance in an amount not to exceed 318 hours to be paid at his hourly rate of pay with the appropriate payroll deductions, and the city will purge his personnel file in accordance with O.C.G. A. §45-1-5 within 30 days and place a notice of that purging in his personnel file. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-205. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). The following Agenda Item was added by Motion and Vote during Approval of Meeting Agenda. 3. Consideration of a Joint Property Acquisition Agreement between the City of Milton and the City of Alpharetta for the Purchase of Park Property. (Agenda Item No. 17-206) (Ken Jarrard, City Attorney) Property Address Seller Total Tax Parcel Purchase Price Acres e Jerry J. Anderson and 1470 Mayfield Road Linda C. Anderson 5.393 22-4490-1103-0306 $750,000.00 Jerry Jefferson Anderson and Myrtie Patricia 1480 Mayfield Road Anderson Fuller 1.734 22-4480-1103-0827 Donation Creighton Fuller and 1490 Mayfield Road Patricia Fuller 5.383 22-4480-1103-0819 $750,000.00 Ken Jarrard, City Attorney I have three different acquisition contracts that I have received and reviewed and will give to the City Clerk later. The first one pertains to 1490 Mayfield Road. The sellers are Creighton Fuller and Patricia Fuller. The parcel is 5.383 acres known as Fulton County tax parcel 22-4480-1103- 0819. The City of Milton is acquiring this property in conjunction with the City of Alpharetta to be used for a joint venture Park and Recreation facility. The parcels will be purchased for the price of $750,000. The city has a $10,000 earnest money obligation which we will pay after executing these agreements followed by a 60 day due diligence period. During the due diligence period we can cancel these contracts for convenience and the earnest money will be returned to us. With Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 13 of 15 respect to this particular parcel, 1490 Mayfield Road, there was an addendum that was added to it. The addendum was prepared by the sellers and it states that the sellers shall reside on the property rent free and tax free and it anticipates a formal lease. I will address these requests in the lease that I have received from the City of Alpharetta but have not reviewed it yet. It also states that the sellers will reside on the property for a period of up to 12 months after closing. In addition, it states that the sellers will agree to maintain the property and pay all utilities while they reside on the property. Prior to vacating the property, the sellers will be able to remove any fixtures from the home or outbuildings provided that they do not remove any doors, windows, or other items that would cause a security issue. The sellers shall be able to remove two structures as identified on Exhibit B as well as fencing. In reviewing this addendum, I don't think the sellers are referring to Exhibit B but are actually referring to Exhibit A(1). Also, the sellers shall be able to leave any items in the home or outbuildings or other structures; in other words they want to be able to vacate the property and not have to pack up anything they don't want. In addition, the buyers; the City of Milton and the City of Alpharetta, will give the sellers 24 hours prior notice to entry on the property. The next property is 1470 Mayfield Road and the sellers are Jerry J. Anderson and Linda C. Anderson, the total acreage is 5.393, the tax parcel is 22-4480-1103-0306, and the purchase price is $750,000. The due diligence, earnest money, closing date, and details of the contract are the same as the other contracts. The addendum is also the same. The final property is 1480 Mayfield Road and the sellers are Jerry Jefferson Anderson and Myrtie Patricia Anderson Fuller, the total acreage is 1.734, the tax parcel is 22-4480-1103-0827, and this property will be donated. The contract and addendum is the same other than the earnest money requirement. There is an addendum that states that in return for the donation of the property at 1480 Mayfield Road, the sellers request consideration that any future park be named in remembrance of their family. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-206 with any reference on the addendum to "Attachment B" would be modified to refer to "Exhibit A(1)." Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 14 of 15 STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Finance Carter Lucas, Public Works Director I wanted to follow-up with the Batesville/Hwy. 372 discussion that we have been having. The current traffic counts indicate that there are 750 left turns at the peak hour which is an incredible number of turns. So, GDOT is going to do two things. They are going to recount now that school is back in just to verify that number is accurate. They are also going to order a survey of that area so they can determine if they can make any improvements within the existing. right-of- way. Our TSPLOST funds are continuing to go up. We have accumulated a little over $1.4 million. We have issued an authorization to proceed with the design of the first two projects identified which are the Mayfield/Charlotte intersection and the Charlotte road extension over to the east side of the roundabout in front of the Strawberry Fields store. The other project is the Hopewell/Bethany intersection improvements. Our paving program will begin in the next few weeks. Bob Edgar, Fire Chief On Thursday, August 3, 2017, the Fire Department responded to the Walmart on Highway 9 and Windward Parkway which was an electrical fire in the electrical room. Last month our fire personnel had an opportunity to visit the MDA summer camp for kids. All our money that we collect during our MDA drive is used to send kids to the camp for a week. Bernadette Harvill, Finance Director The tax assessments for 2017 have been mailed. We have the 45 day wait period until we hear back about all the appeals then the digest will go to the county and then the Department of Revenue and then we will be able to build. We are still hoping for an October bill date. Also, we have met with all the Department Heads regarding the FYI budget. We have been working with our Economic Development Department to review our business license ordinance see what we can do to help our small businesses. We have received 49% more in Impact Fees than we received last year. We are up $1,111, 960.00. Regular Meeting of the Milton City Council Monday, August 7, 2017 at 6:00 pm Page 15 of 15 ADJOURNMENT (Agenda Item No. 17-207) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:30 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Date Approved: August 21, 2017 Sudie AM Gordon, City Clerk Joe Lockwood, Mayor No Text