Loading...
HomeMy WebLinkAboutMinutes CC - 02/22/2017 - MINS 02 22 17 REG (Migrated from Optiview)I I I Regular Meeting of the Milton City Council Wednesday, February 22 , 2017 at 6 :00 pm Page I of 13 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 February 22, 2017 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Dr. Brent Ward, Birmingham United Methodist Church, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, and Councilmember Mohrig. Councilmember Absent: Councilmember Hewitt and Councilmember Longoria. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 17-044) Motion and Vote: Councilmember Mohrig moved to approve the Meeting Agenda with the following change: • Add an Executive Session to discuss Land Acquisition. Councilmember Thurman seconded the motion . The motion passed unanimously (5-0). Councilmember Hewitt and Counc ilmember Longoria were absent from the meeting. Regular Meeting of the Milton C ity Council Wednesday, February 22 , 2017 at 6 :00 pm Page 2of13 PUBLIC COMMENT CONSENT AGENDA 1. Approval of the January 30 , 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-045) (Sudie G ordon, C ity Clerk) 2. Approval of the February 6, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-046) (Sudie G ordon, C ity Clerk) 3. Approval of the Financial Statements for the Period Ending December 2016. (Agenda Item No. 17-047) (B ernadett e Harv ill, Fin an ce Director) 4. Approval of the Financial Statements for the Period Endin g January 2017. (Agenda Item No.17-048) (Bernadett e H arvill, Fin ance Director) 5. Approval of a Parks and Recreation Department Faci lity Use Agreement and Addendums between the City of Milton and Core Physique . (Agenda Item No. 17- 049) (Jim Cregge, Parks & Recreation Director) 6. Approval of a Professional Services Agreement between the City of Milton and Tunnell , Spangler & As sociates, Inc. for the Development of the Unified Development Code . (Agenda Item No. 17-050) (Kathleen Fi eld, Co mmunity Developm ent Director) 7. Approval of the following Subdivision Plat: Name of Development I Action Comments I Total Density Location #lots Acres 1. Brickmont LL Combine 2 1048 Webb M inor Plat 2.016 .49 Lots I acre Road Lots (Agenda Item No. 17-051) (Kathleen Field, Co mmunity Development Director) I I Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember I Kunz seconded the motion . The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. I I I Regular Meeting of the Milton City Council Wednesday, February 22 , 2017 at 6 :00 pm Page 3of13 REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Arbor Day. (Pres ented by Mayor J oe Lo ckwood) FIRST PRESENTATION 1. Consideration of an Ordinance of the City of Milton, Georgia to Revise the City 's Procurement Policy with Respect to Engineering and Design Related Services in Federally-Funded Road Construction Projects; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes . (Agenda Item No. 17-052) (Ken Jarrard, C ity A tt orney) 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 Longoria were absent from the meeting . PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION PUBLIC HEARING 1. Consideration of the Issuance of an Alcohol Beverage License to HDRA LLC , dba Ichiban Steak & Sushi, 5306 Windward Parkway, Milton, Georgia 30004. (Agenda Item No. 17-053) (B ernadett e Harvill, Finan ce Director) Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-053 . Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. 2. Consideration of the Issuance of an Alcohol Beverage License to Sims Trading Investment LLC, dba I Love NY Pizza, 980 Birmingham Road, Milton, Georgia 30004. (Agenda Item No. 17-054) (Bernadett e Harvill, Finan ce Director) Regular Meeting of the Milton Ci ty Council Wednesday, February 2 2 , 2 017 at 6 :00 pm Page 4of13 Motion and Vote: Councilmember Kunz moved to DEFER Agenda Item No . 17-054 to the March 20 , 2017 Regular City Council Meeting. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0 ). Councilmember Hewitt and Councilmember Longoria were absent from the meeting . ZONING AGENDA 1. Consideration of RZl 7-01 -Text Amendment to AG-1 (Agricultural) District, Development Standards in Section 64-416 of Chapter 64 of the Zoning Ordinance. (Fir st Presentation at Fe bruary 6, 20 I 7 C ity C ouncil Meeting) (Agenda Item No. 17-039) (Kathleen Field, Co mmunity Development Director) Kathleen Field, Community Development Director I The purpose of this text am e ndment is to clarify the language concerning the applicability of architectural review for minor subdivisions and single lots of record. A few months ago , you I removed minor subdivision s and single family lots from the rural viewshed requirements , however , you wanted to continue with the architectural rev iew of structures on exterior streets within minor subdivisions or individual lots. The purpose of this text amendment is to clarify that language in order to make it very clear that structures on exterior streets are not exempt as they are for the rural viewshed requ irement. The architectural review requirements are still in place. The Planning Commission recommended approval as proposed by staff. In addition, they believed that larger estate lots should be required to meet the rural viewshed requirements in addition to the architectural review. If this was the situation, it would assist in further preserving the overall viewshed in the city . On the la st page of the text amendment you see the additional language that was added that requires an architectural review process as well as the 360 degree architectural review for those structures within these minor subdivisions or single family lots of record. Councilmember Lusk Kathy, the last item that has been added (1)(2); did we talk at that time when we reviewed it the requirement of a 360 degree architectural design? Kathy Field Yes , that is part of what we a lways include so it covers the front and back sides. It is standard language. Councilmember Thurman I understand the reasoning behind it but I don 't want us to become "heavy handed ." I don 't want I our city government to become too "heavy handed ." I think it is important that the side facing the I I I Regular Meeting of the Milton Ci ty Council Wednesday, February 22 , 2017 at 6 :00 pm Page 5of13 streets that are part of our rural viewshed are appropriate. I am not sure that we need to tell people what they have to do on the other sides ; that is their own personal preference. Is there any cost to the resident to have the city architect look over this? Kathy Field No , there is certainly no cost and the architect has always been able to work out an acceptable design. Mayor Lockwood I agree with Karen that it is the city's job to protect the public 's view as much as possible but we don 't want to end up getting too involved in citizen 's private homes and property. I would certainly support just having a review from the front. Councilmember Kunz Currently , are our citizens building to city standards but they do not have to have an architectural review? Kathy Field If it is larger than a minor subdivision ; anything with four lots or more , we have in place the architectural review on exterior streets ; not interior streets. From our previous discussion , you wanted to delete the rural viewshed requirements but leave in place the architectural review standards. This attempts to verify that and make it clear that those are still in place. Mayor Lockwood I agree that our city architect can make suggestions on the back side of the house but I support only an architectural review requirement on the front side. Councilmember Mohrig I support that because that is what we are trying to protect. Councilmember Lusk This is a revision that would stay in the code from now on. When our current city architect retires , I would be concerned that this stipulation would become a heavy handed policy. I would not want an architectural review on all sides of a house negatively affect a builder 's budget. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 17-039 with the following changes: (1)(1) An architectural review process is required and shall include ... (1)(2), it should read "These structures shall be designed with street elevation architecture and shall meet the intent of .... " Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. Regular Meetin g o f the Milton C ity Council Wednesday, Febru ary 22 , 2017 at 6 :00 pm Page 6of13 UNFINISHED BUSINESS (No n e) NEW BUSINESS 1. Consideration of a Resolution to Create the Milton Greenspace Advisory Committee (MGAC ). (Agenda Item No. 17-055) (Kathleen J ohnso n, Conservat ion Project Manager) PUBLIC COMMENT Th e follo w in g indiv idual s ubmitted a public comm ent card: Tim Becker, 156 25 Canterbury Chase , Milton , Georgia 30004 Kathleen Johnson, Conservation Project Manager In front of you tonight is the following verbiage that is being proposed for the resolution to create the Milton Greenspace Advi sory Committee. WHEREAS , on August 15 , 2016 the Mayor and City Counc il for the City of Milton (the "City") resolved that it and an y other committee , commission or ot her designated advisory group over which the City Council has control or influence would cons ider certain criteria and factors that were identified in the August 15 Resolution in land acquisition decisions made with the proposed general obligation bond fund s of up to $25 million in aggregate princ ipal amount; and WHEREAS, on November 2 1, 2016 the City resolved to authorize the issuance of said bonds , subject to the affirmative ratification by a majority of the qualified voters voting in the November 8, 2016 E lection ; and WHEREAS , the ballot title for the proposed bonds was "Conservation Land , Wil dlife Habitat , Natural Area, and Trails Bond ;" WHEREAS , the purpose of the proposed bond funding was to "acquire conservation land and interests in conserv ation land for the purposes of providing recreatio nal trails , protecting natural areas and wildlife habitat , preserving agriculture land , protec ting the water qualify of rivers and streams and providing parks and park improvements;" WHEREAS , the November 2 1, 2016 bond referendum was successful; I I I I I I Regular Meeting of the Milton City Council Wednesday , February 22 , 2017 at 6 :00 pm Page 7of13 WHEREAS, for purposes of this Resolution, the bond will be referenced as the "Greenspace Bond," WHEREAS, the City of Milton has deemed it advisable and in the best interests of the citizens of the City of Milton to create a Greenspace Advisory Committee to participate in the greenspace land selection and acquisition process in conjunction with City Council and staff, to facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and procedures to govern the committee , and to assist City Council and staff, on an as needed basis , with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program ; and WHEREAS, the City has determined that it would also be in the best interests of the citizens of Milton for the City Council to select the members of the Greenspace Advisory Committee through an open application process ; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that: 1. Creation. There is hereby created the Milton Greenspace Advisory Committee ("MGAC ") whose mission and purpose shall be to , "participate in the greenspace land selection and acquisition process in conjunction with City Council and staff, to facilitate achievement of the objectives of the Greenspace Bond goals , to establish policies and procedures to govern the committee , and to assist City Council and staff, on an as needed basis , with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program" In add ition , the MGAC shall use and consider certain criteria and factors in land acquisition decisions as resolved by the City Council Resolution No. 16-08- 379 , dated August 15, 2016 and pursuant to the Greenspace Bond referendum ballot language approved by the majority of Milton voters voting in the November 8, 2016 election. 2 . Membership. MGAC shall consist of the following : a. b. c. d. e. f. g. h. Seven (7) members ; Four (4) members shall constitute a quorum for the conducting of business ; Recommendations as to MGAC members shall be received based upon an open nomination process by Milton citizens; The Mayor and each City Council member shall be entitled to nominate a single MGAC member from the pool of recommended citizens ; Every proposed MGAC member must be ratified by a majority of the Council before commencing service; Each MGAC member must swear an oath prior to commencement of service; MGAC members must be at least 21 years old; MGAC members are not required to reside in any specific Council district ; but must be residents of Milton, Georgia; Regular Meeting of the Mil ton C ity Council Wednesday , February 22, 2 017 at 6 :00 pm Page 8of13 L MGAC members , following appointment and swearing, shall be subject to the I City of Milton Ethics Code , and shall be considered "City officials" under Section 2 -798 of the Milton Code; J. The City Council may consider appointments to MGAC in executive session, as MGAC members are declared City officials . An y vote regarding appointment shall occur in open session; k. The Ci ty Council may remove a MGAC member, for convenience, upon majority vote of the Council ; 1. MGAC shall be subject to the State of Georgia Open Meetings Act, O.C.G.A. 50-14-1 , et. seq; and, m. With re spect to both formation, appointment, and operation, MGAC shall comply with Section 4 .11 of the City Charter. To the extent this Resolution conflicts with Section 4 .11 of the City Charter, the Charter shall control. 3. Governance. MGAC members shall select officers and may draft and adopt by laws . In the event that no MGAC-specific by laws or internal rules of procedure are adopted, MGAC shall be subj e ct to the City Council 's adopted internal rules of procedure. Members may be required to sign confidentiality agreements relating to proposed land transactions that are to be considered for acquisition by the City. Members must also be able to fulfill the time commitment required to serve on the MGAC. Members must be willing to agree I with the goals of the Milton Greenspace Bond program and work towards achieving those goals for the be st interests of the Milton community as a whole. Members of the MGAC shall undertake their respective duties in a volunteer capacity and shall not be compensated for any time or expe nses associated with any assignment or function with respect to the MGAC. 4. Term. MGAC members ' terms shall be coterminous with the term of the City Council member that nominated them. Upon the expiration of a MGAC member 's term , members shall continue to serve until a replacement is chosen and approved by the Mayor and City Council. Membe rs may be appointed to serve an unlimited number of terms. Should any member of the MGAC Board of Directors be unable to fulfill their duties for any reason , and following remo val by the City Council , a replacement shall be appointed in a similar manner to which the Members were chosen initially. 5. Conduct of Business. MGAC shall meet at regular intervals as necessary to perform the tasks and duties associated with MGAC 's mission, including recommending actions to the city staff or Mayor and City Council. MGAC may establish and appoint representatives to as many committees and sub-committees as are determined to be necessary for the accomplishment of MGAC 's mission. 6. Volunteer Members . MGAC shall be authorized to utilize community volunteers to assist in accomplishing MGAC 's mission. Such volunteers shall not be considered MGAC I members, but will function as liaisons to receive , disseminate, and provide information by I I I Regular Meeting of the Milton City Council Wednesday , February 22, 2017 at 6 :00 pm Page 9of13 and between the community and MGAC regarding the strategy, plans , and progress of implementing the Milton Greenspace bond program . 7. Staff. Staff of the City of Milton may attend the meetings of the MGAC but shall serve in no official capacity . City staff may assist the MGAC members in the fulfillment of the committee's work. 8. Logo. MGAC may adopt an official lo go for the MGAC. Councilmember Thurman I think it is important that we have a cohesive group. They will be deciding how to spend $25 million and so it is very important that the committee works well together. I do not think that membership should only be for two years . The committee will be changing very frequently with turnover every two years. That is a concern to me . Councilmember Mohrig I would like for staff to bring forward to council who they feel are the top candidates for this committee then council can discuss those suggestions in executive session. I prefer this method as opposed to a member being tied directly to a councilmember nomination. Councilmember Thurman I want to take politics completely out of this equation. This group needs to be comprised of professional individuals who unde rs tand the task at hand and will look at the information completely objective. I do not like the idea of each councilmember appointing a member because I don't want it to become political. Mayor Lockwood If the council wants the committee to be completely neutral , then maybe we need to appoint an outside person to select the committee and leave the council completely out of it. City Attorney Jarrard If that is how you want to handle it then I need to re-write the resolution and remove the 4.11 charter stipulations. Councilmember Thurman I would also like to add verbiage that if a member does not attend a certain number of meetings then they will be replaced. We need a full active board that will take the job seriously. City Manager Krokoff Perhaps we could hire outside individuals who are experts on this subject matter. I'm not sure if those individuals would be local or not but I suggest that we hire experts in the field to help us. Re gular Meeting of the Milton City Council Wednesday, February 22 , 2017 at 6 :00 pm Page 10of13 Mayor Lockwood I completely support that idea. I think we need to hire someone who is not from around here that can see our situation with a fresh set of eyes and be completely objective. Kathy Johnson Also, there are experts in the field that are qualified to appraise prop erty that is for conservation purposes and we need those individuals to help us with land appraisals. Councilmember Lusk I also think the members of this board should be compensated like some of our other boards. City Attorney Jarrard Well , your charter states that in section 4.11 board members can receive compensation. So, yo u are telling me that you want to adhere to some of the stipulations of section 4.11 but not others so that is where I need direction . Mayor Lockwood I would like the board to comprise of members that are a slate; so they are not individ ual picks by each councilmember. And , I would like for staff to be able to add profess ional advisors that can I help lead the group, when necessary , who don't have any ties to Milton; completely objective I professional individuals. Councilmember Thurman I also want it very clearly spelled out about what can be discussed in open meetings and the subjects that have to be discussed in executive sess ion ; such as land acquisition. Also, the resolution needs to clearly state you can be a part of executive sessions . Mayor Lockwood And, there needs to be extensive training for the board members about open meetings, etc. Councilmember Thurman It sounds like we may need to defer this tonight because we are wanting to change some things the way it is written now. City Attorney Jarrard Yes , based on the discussion to night , this is not going to be a board that will be regulated by section 4.11 in the Charter. So, I have taken notes and will go back and revise the resolution bas ed on our discussion tonight which includes (1) mandatory removal from the board if a certain number of meetings are missed (2) council wants to nominate a slate en mass and then vote en mass (3) adhere to executive session open meet ing requirements. I I I I Regular Meeting of the Milton City Council Wedn es day, February 22, 2017 at 6 :00 pm Page 11of13 Motion and Vote: Councilmember Thurman moved to DEFER Agenda Item No . 17-055 to the March 6 , 2017 Regular City Council Meeting. Councilmember Mohrig seconded the motion . The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting . MAYOR AND COUNCIL REPORTS STAFF REPORTS 1. Community De velopment 2 . Police 3 . Finance Kathleen Field, Community Development Director We currently have three major projects we are working on. The first one is the creation of a masterplan for the downtown Milton/Crabapple area. It went to the Planning Commi ssion in January and we determined that an additional community meeting will be scheduled and held in our new city hall. It will then be brought to you during a work session and then to a council meeting. The second project that we are working on is the tree preservation ordinance. We had a stakeholder meeting on January 23rd. We have planned a tree canopy workshop. After the workshop , we hope to deve lop a draft to send to the Planning Commission and then to the council. Lastl y, we are working on the creation of a unified development code . It is a long term initiative , approximately 16 months , we will be taking all of our codes and removing the redundancies and reformatting them into a much cleaner version and more user friendly. All of these proj ects are very large and time consuming for everyone in volved . We are still working on the steep slope standards as well as revisions to the plat process. Rich Austin, Police Chief During my few short weeks as the Police Chief, I have enjoyed getting to know the personnel in the Police Department and throughout the community. I have conducted personal interviews with each member of the department to better understand the challenges they face. That has been going very well. Steve Krokoff left the department in excellent shape and we are continuing to work on the strategic plans that were put in place as well as implement 2017 plans . We are continuing to work on a crash reduction strategy which includes a three tier approach of education, enforcement, and engineering . We have officers that are focusing on Highway 9 and Arnold Mill Road in an effort to reduce the traffic accidents in those areas. There has been a 10 % decrease of accidents throughout the city year to date. There has also been a 28% increase in DUI arrests. I would like Regular Meeting of the Milton City Counci l Wednesday, February 22 , 20 17 at 6 :00 pm Page 12of13 to congratulate our Police Department Exp lorer Post 2570 on a re cent win at Winterfest in Gatlinburg, TN. This is an annual event s upported by the Boy Scouts of America. 3,300 people were in attendance. Post 25 70 competed in six events and won first place in fe lony traffic stops. This post has only been in existence fo r less than a year and there was no prior experience . There are 18 active members and seven individuals interes ted in joining . Bernadette Harvill, Finance Director As you know, bu siness lic enses are due on March 31 st. Our staff is working to ensure we have someone at both city hall locations just in case any business owners ne ed to renew. Approximately 38% ha ve already renewed . If they do not renew by March 15th , the y will receive a formal warning and then if they don't comp ly by May 15th then a citation will be issued. We are also working on an on-line appl ic ation for businesses to apply and renew on line. We have completed all of our auditing field work and hav e submitted our information to the audito rs. EXECUTIVE SESSION Motion and Vote: Counc ilmember Lusk moved to go into Exe cut ive Session to di scuss land acquisition at 7:33 p.m . Councilmem ber Mohrig seconded the mot ion. The motion passed unanimously (5 -0). Counci lmember Hewitt and Councilmember Longoria were absent from the meeting. RECONVENE Motion and Vote: Counci lmember Kunz moved to reconvene the Regul ar Meeting at 7:50 p.m . Councilmember Lusk sec onded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longo ria were absent from the meeting. ADJOURNMENT (Agenda Item No. 17-056) Motion and Vote: Counci lm ember Lusk moved to adjourn the Regular Meeting at 7:51 p.m. Councilmember Thurman se conded th e motion . The motion passed unanimously (5-0). Councilmember Hewitt and Co uncilmember Longoria were a bsent from the meeting. I I I I I I Re g ular Meetin g of the Milton City Council Wednesday, February 22, 20 I 7 at 6 :00 pm Page 13of13 Date A pprove d: March 6 , 2017 Sudie AM Gordon , C ity C lerk STATE OF GEORGIA COUNTY OF FULTO I CITY OF MILTO ) ) ) ) ) AFFID AVIT RE : CLO SURE OF OP EN MEETINGS I I Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MIL TO , and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At a Regularly Scheduled City Counci l Meeting held on February 22 , 2017, at 6:00 PM the Council voted to go into closed session and exclude t he public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] 1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate ; entering into contract to purchase , to dispose of, or lease property subject to approval in a subsequent public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a subsequent public vote pursuant to O .C .G .A, 50-14-3(b)(l)(B-E); 2. discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal , or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. __ attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims , administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved , pursuant to O.C.G.A. 50-14-2(1). 4. other (explanation): I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above.