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HomeMy WebLinkAboutMinutes CC - 11/21/2016 - MINS 11 21 16 REG (Migrated from Optiview)I I I Regular Meeting of the Milton City Council Monday, November 21, 2016 at 6:00 pm Page 1 of 16 This summary is provided as a convenience and service to the public, media, and staff. It is not the inten t 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 November 21, 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 Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Mohrig. Councilmembers Absent: Councilmember Kunz . PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 16-265) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following change: • Move Agenda Item No. 16-273, Consideration of a R esolution Appointing a Member to the City of Milton Cultural Arts Comm ittee for District I /Post 2, and Agenda Item No. 16- 274 , Consideration of a Resolution Appointing A Member to the City of Milton Cultural Arts Committee for District 2/Post, to after Reports and Presentations. • Add an Exec uti ve Session to discuss land acquisition. Regular Meet ing of th e M ilton C ity Council Monday , ovember 2 1, 2 016 at 6 :0 0 pm Pa ge 2of16 Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). I Councilmember Kunz was absent from the meeting and Councilmember Longoria was absent for the vote. PUBLIC COMMENT Th e follo w ing individual s ubmitted a public comment card: Tim Becker, 15625 Canterbury Chase , Milton, Georgia 30004 CONSENT AGEND A 1. Approval of the September 7 , 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-266) (Sudie Gordon, City Clerk) 2. Approval of a Governmental Lease Agreement for Lighting Services between Georgia Power and the City of Milton to Provide Street Lighting and Parking Lot Lighting for City Hall. (Agenda Item No. 16-267) (C arter L ucas, Assistant City Man ager) 3. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes , Inc. for the Construction of Two Bridges and Removal of the Dock at Providence Park. (Agenda Item No. 16-268) (Jim Cregge, P arks an d R ecreatio n Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Hewitt seconded the motion. The motion passed unanimously (5-0). C ouncilmember Kunz was absent from the meeting and Councilmember Longoria was absent for the vote . Councilmember Longoria arrived at 6:15 p.m. REPORTS AND PRESENTATIONS 1. Presentation of the Georgi a Recreatio n and Parks Association State Volunteer Award . (Jim Cr egge, P arks and Recreation Direc tor) I I I I I Regular Meeting of the Milton City Council Monday, November 21, 2016 at 6:00 pm Page 3of16 FIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 16-269) (Teresa Stickels, Su s tainability Coordinator) 2 . Con sideration of Amendments to Chapter 20 , Soil Erosion, Sedimentation and Pollution Control , Article VI , Soil Erosion within the City of Milton Code of Ordinances . (Agenda Item No. 16-270) (Carter Lucas, Assistant C ity Manager) Motion and Vote: Councilmember Longoria moved to approve the First Presentation Items. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Kunz was absent from the meeting. PUBLIC HEARING 1. 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) (D iscussed under New Bus in ess at Octob er I 7, 2016 Regu lar City Council Mee tin g) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is a public hearing to modify the city's Eth ics Code which would add a reimbursement provision for attorney fees with respect to city officials or employees who may be the subject of ethics co mplaints. In the event an ethics complaint brought against the respondent arising out of their official duties is dismissed [by either voluntary withdrawal of the complaint by the petitioner or by action o f the ethics panel or superior court dismissing the complaint as unfounded or otherwise subject to dismissal], the respondent shall be entitled to reimbursement from the City for reasonable attorney 's fees incurred in defending said ethics complaint. Upon securing a final determination by the ethics panel or superior court of the complaint being dismissed [to include voluntary withdrawal of the complaint by the petitioner], the respondent shall submit a copy of the order making such findings or petition er 's withdrawal , whichever is applicable, to the Milton City Manager along with a copy of all applicable itemized attorney 's fees incurred in defending same. The itemized attorney 's fees shall have att orney time and tasks broken down in Ill 0 of an hour increments along with the attorney's hourly fe e , coupled with a sworn statement by the attorney that the amount submitted for repayment Regular Meeting of the Milton City Council Monday, November 21 , 2016 at 6 :00 pm Page4ofl6 is the same amount for which the responden t would otherwise have been responsible , or has already paid. Other than attorney time , no other expense or fees sha ll be su bject to reimbursement. The City Manage r shall submit the attorney fee statement to the C it y Attorney for a determination of reasonableness , of which determination shall be prov id ed in wr it ing (inc lud ing e-ma il) to the Ci ty Manager. Upon all or a portion of the fees being deemed reasona bl e , th e City Manager shall submit all documentation to the City Finance Department for issua nce of a reimb ursement check to the respondent or respondent's attorney , at respondent's disc retion . In no even t shall reimbursement under th is paragraph exceed $5,000.00 per ethics complai nt. PUBLIC COM MENT The following individual submitted a public comment card: Tim Becker, 15625 Canterbury Chase , Milton, Georgia 30004 2. Co n sideration of a Resolution of the City of Mil ton, Ge orgia Extending Until March 7, 2017 , an Existing Moratorium Barring the A cceptance of Ap plications for Conceptual Plan Approval for Su bdi v i sions Located wi t hin the Five Acre Road Zone . (Agenda Item No . 16-271) (Ken Jarrard, C ity A tt orn ey) K en Ja rrard, City Attorney Section l.12(b )(26) of the Charter of the City of Milton, Geo rgia ("C ity ") empowers the City to regulate development within the City lim its through zoning. Chapter 64 of the current Code of the City of Milton, Georgia ("zoni n g ordinance") divides property in the C ity into various districts , and regulates the use and de v elopment of property based on the distri ct to which the property is designated. Section 50-91 of the current Code of the City of Mi lton, Georgia ("subdivision ordinance") requires the submission of a conceptual p lan as part of th e process of developing subdivisions in the City. City Council has asked the Community Development department to consider changes to the overall development pattern a long Georgia Highway 9 ("Hwy 9") through the City, to include the Five Acre Road Zone. City Counci l intends to consider amendments to the zoning ordinance with re spect to possible changes to the overall development pattern along Hwy 9, from a residential to non-residential nature , to includ e properti es wi thin the Five Acre Road Zone. On August 15 , 2016 , the City Council adopted an emergency, temporary moratorium barring for 30 days the acceptance of app lications for conceptual pl ans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone. Following a duly noticed public hearing on September 12 , 2016 , that 30-day moratorium was extended to December 6 , 2016 . On September 19 , 2016 , the City Council adopted an emergency, temporary moratorium barring for 30 days the acceptance of applications for conceptual plans for subdiv isions on property within the Five Acre Road Zone, as a supplement to the previously imp osed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta. The Board conducte d a properly noticed public I I I I I I Regular Meeting of the Milton City Council Monday, November 21 , 2016 at 6 :00 pm Page 5of16 hearing on October 17, 2016 , and extended the existing moratorium on applications for conceptual plans for subdivisions on property within the Five Acre Road Zone, until December 6, 2016. The Board co nducted a properly noticed public hearing on November 21, 2016 , to consider the possible extension of the existing temporary moratorium on the acceptance of applications for conceptual plans for subdivisions on property within the Five Acre Road Zone, as a supplement to the previous ly imposed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta. The City finds extending until December 6, 2016 , the existing moratorium barring the acceptance of applications for conceptual plans for subdivisions on property within the Five Acre Road Zone , as a supplement to the previously imposed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, to be appropriate , reasonably necessary , the least res trictive means available, a reasonable exercise of the City 's police power, and in the best interests of the public health, safety, and welfare. • The City does hereby extend until March 7, 2017 , the existing moratorium barring the acceptance of applications for conceptual plans for subdivisions on property within the Five Acre Road Zone , as a supplement to the previously imposed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta. • The moratorium imposed by this Resolution shall terminate on the earliest date of (1) March 7 , 2017; (2) approval by the City Council of an additional moratorium after a public hearing; (3) any affirmative action of the Council terminating the moratorium; or ( 4) the adoption of an amendment to the zoning ordinance with respect to the development pattern for properties within the Five Acre Road Zone. • The moratorium imposed herein does not prevent a property owner from developing land in accordance with land development approvals previously issued by the City of Milton or to have previously tendered land development applications considered by the City of Milton in the ordinary course. 3. Consideration of a Resolution of the City of Milton, Georgia Extending Until March 7, 2017, an Existing Moratorium Barring the Acceptance of A pplications for Conceptual Plan Approval for Subdivisions on Property Adjacent to H ighway 9 between the Forsyth County Line and the City limits of the City of Alpharetta, Excluding Property located in the Five Acre Road Zone. (Agenda Item No. 16-272) (Ken Jarrard, City Attorn ey) Ken Jarrard, City Attorney Section 1.12(b )(26) of the Charter of the City of Milton, Georgia ("City") empowers the City to regulate development within the City limits through zoning. Chapter 64 of the current Code of the City of Milton, Georgia ("zoning ordinance") divides property within the city into various districts , and regulates the use and development of property based on the district to which the property is Regular Meeting of the Milton City Council Monday, ovember 21 , 2016 at 6 :00 pm Page 6of 16 designated. Section 50-91 of the current Code of the City of Milton, Georgia ("subdivision ordinance") requires the submission of a conceptual plan as part of the process of developing subdivisions in the City. City Council has asked the Community Development department to consider changes to the overall development pattern along Georgia Highway 9 ("Hwy 9") through the City. City Council intend s to consider amendments to the zoning ordinance with respect to possible changes to the overall development pattern along Hwy 9, from a residential to non- residential nature. On August 15 , 2016 , the City Council adopted an emergency, temporary moratorium barring for 30 days the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone. The Board conducted a properly noticed public hearing on September 12 , 2016 , and extended the existing moratorium until December 6 , 2016. The Board conducted a second public hearing on November 21 , 2016 , to consider the poss ible further extension of the existing temporary moratorium on the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone . The City finds extending until March 7 , 2017 , the existing moratorium barring the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone , to be appropriate , reasonably necessary , the least restrictive means available, a reasonable exercise of the City 's police power, and in the best interests of the public health, safety , and welfare. • The City does hereby extend until March 7, 2017, the existing moratorium barring the acceptance of applicat ions for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, ex cluding property located in the Five Acre Road Zone, in order to consider amendment of the zoning ordinance with respect to the development pattern along Hwy 9. • The moratorium impo sed by this Resolution shall terminate on the earliest date of (1) March 7 , 2017 ; (2) approval by the City Council of an additional moratorium after a public hearing; or (3 ) the adoption of an amendment to the zoning ordinance with respect to the development pattern along Hwy 9. • The moratorium imposed herein does not limit the ability of any property owner to develop their land in accordance with previously accepted applications or approvals. ZONING AGENDA 1. Consideration of RZ16-04 -To Create Retaining Wall Standards in Chapter 64 , Article XVII , Division 3, Site Improvement Standards. ORDINANCE N0.16-11-289 (Agenda Item No. 16-256) (Fir st Pr esentation at Nove mber 7, 2016 Regular City Council Meeting) (Di s cuss ed at No vemb er 14, 20 16 City Council Work S ession) (Kathleen Fi eld, Co mmunity Developm ent Director) I I I I I I Regular Meeting of the Milton Ci ty Council Monday, November 21 , 2 016 at 6:00 pm Page 7of16 Kathleen Field, Community Development Director Staff bel ieves that there is a need to provide additional regulations on retaining walls that may impact surrounding buildings , land and uses ; to require the construction of retaining walls in a manner consistent with engineering and construction best practices; and to lessen the impact of large retaining walls on abutting properties and the public by encouraging the use of landscaping and aesthetically pleasing design elements . The proposed amendments were discussed at the work session last week . The proposed regulations will apply to all retaining walls except: those walls me asuri ng a height of less than four feet; and , a terraced combination of walls in which each separate wall retains less than four feet of unbalanced fill and each successive wall is separated by a distance of at least one times the height of the highest wall. Carter and I are available to answer any questions you may have on this proposed amen dment. Councilmember Lusk The walls that are four feet and higher have to be designed by a registered engineer. Is that correct ? Carter Lucas Only ab ove six feet. So , between four and six feet they would require a permit but not be an engineered type wall. Councilmember Lusk Is there any restriction on the type of material used on walls between four and six feet? Carter L ucas No timber walls , modular block walls , so we have given a three piece type modular block wall as opposed to the uniform block to give it a little bit of texture and then the poured concrete walls would be brick or stone . Councilmember Hewitt A lot of jurisdictions prior to anything that is required with a permit would be required to be designed by a professional engineer. I would like to see that unless you have a reason not to. Because a six foot wall is a pretty tall wall. Carter Lucas It is a tall wall. Councilmember Hewitt What are we reviewing the permit against ? Carter Lucas Materials , location , aesthetics ; so it is just the balance between the threshold of what do we require the homeowner to do to get a permit versus a full engineered set of drawings on those types of walls . You are right, various jurisdictions will go down to four feet. Fulton County is the same ; four feet for a permit, six feet for engineered drawings. So , it is just a balance . Regular Meeting of the Milton City Council Monday, November 21 , 2016 at 6 :00 pm Page 8of16 Councilmember Hewitt I was just thinking that if a homeowner wanted to regrade their backyard and put a four foot wall up , it is a pretty big project so I would like to maybe see us consider re q uiring an engineered design for whatever we require a permit for. Carter Lucas We could also certainly look at standard design details between four and six which would give them an opportunity to construct the wall to what we would consider to be an approved standard and then engineered drawings beyond six if that is something you would like to consider. Mayor Lockwood I think Councilmember Hewitt brings up a good point. I know different jurisdictions have different thresholds but I like that it hits the midd le where you have some standards that you follow engineering guidelines so people know what to expect with it between four and six but don 't have to go to the expense of a structural engineer but a six foot wall could reall y hold some earth back so having a structural engineer on that would be good. Councilmember Hewitt If we did something between the four and six more than what is stated , wo uld it give us any liability if it fails ? I Carter Lucas I I don 't think so. I can tell yo u what Alpharetta does ; they do that from the perspective from a four . foot high wall requires a permit to which you can either have a pro fe ssionally designed wall or you can build it to city standards. Councilmember Thurman I would support that. Councilmember Lusk So, I gue ss that begs the question , do we have a city standard? Carter Lucas We don't but we can. Councilmember Lusk I believe Forsyth County threshold is five feet. Five feet and over must be des igned by an engineer. Carter Lucas Could be ; I pulled Alpharetta, Fulton County , and Sandy Springs just for a reference. Sandy Springs is six. Mayor Lockwood How tough would that be to come up with a standard? I I I I Regular Meeting of the Milton City Council Mo nday, ovember 21 , 2016 at 6:00 pm Page 9of16 Carter Lucas Not tough; we would basically in the interim use the GDOT standard. Mayor Lockwood I would support doing something between the four and six to city standard. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No . 16-256 with the fo ll owing modifications: • Add under number 8 "Permitting" the following language: i. Walls above six feet in height shall require engineered drawings; IL Walls four to six feet in height shall require engineered drawings or meet city standards. Councilmember Lusk seconded the motion. Councilmember Kunz was absent from the meeting. The motion passed unanimously (6 -0 ). 2. Consideration of RZ16-06 -To Require Fence Permits for Fences Erected for Agricultural Purposes in Section 64-212 Fence and Wall Specifications; exemptions. (Agenda Item No. 16-257) (F irst Pr esentation at Nove mber 7, 2016 Regular City Co uncil Meeting) (Dis cussed at November 14 , 20 16 City Cou n cil Wo rk Session) (Kat hlee n Field, Commun ity D evelopment Director) Kathleen Field, Community Development Director Currently, fence permits for fences erected for agricultural purposes such as enclosing animals or crops is not required. Over the past few months, there have been fences erected in the City that do not meet the requirements for agricultural fencing. It is Staffs opinion that by requiring a fence permit to review the construction of the fence , compliance can be maintained throughout the City. In addition, Staff has proposed that a permit fee will not be required for this type of permit. This item was discussed at the work session and I am available for any questions. Mayor Lockwood One thing I want to bring up since we are talking about agricultural fences is that we are setting up an Equestrian Committee. Is this something we could have those folks take a look at and possibly defer this item so they can take a look at it to get some feedback. We want to support our equestrian landowners but they are a small percentage of the actual population so it would be great to have their feedback. Regular Meeting of the M ilton C ity Council Monday, November 2 1, 2016 at 6 :00 pm Page 10of16 Councilmember L usk I think that is a great suggestion to defe r it for review by that committee. Wh at is the status of the formation of that committee ? Have we solicited nominations ? City Manager Kro koff Courtney Spriggs is drawin g it up right now after our last meeting . She is putting the resolution together and we should be mov ing forward on it shortly . Councilmember Lusk If we are going to defer it we need to estab lish a length of time; 90 days or 120 days , etc. Councilmember T hurman I don't think it wou ld hurt to pass this change as it is then have the Equestrian Committee work on standards for agricultural fe nces but I don 't think it would h urt for us to go ahead and require a fence permit si nce there is no fee. Councilmember H ewitt I disagree. I would like to defer or deny it then start over with the recommendations from the Equestrian Committee. I Councilmember M o hrig I One of the concerns brought up during the work session was the timing and the turnaround of fences because if someone nee d s it for agricultural purposes, how quickly can we respond? If someone has an immediate need to put up a fence; what is the sense of urgency . We need to put some time limits on there so w e hold ourselves to a standard. Kathy Field Our process is to review what the fence looks like; the height of it , location, etc. and that can be done very quickly. It is just a matter of working with the homeowner to ensure that what the homeowner is proposing is something that is consistent with our rules. Councilmember Mohrig I am okay with a deferral but I would like to ask that when we bring this in front of the equestrian committee , we get their input on what they would li ke to see as far as turnaround time because they are the ones that are going to be impacted by the new process . City Attorney Jarra rd Keep in mind that there is nothing to prevent this committee once it is formed to take the lid off of your ordinances and look at the provisions within the equestrian community and make recommendations to make changes. Just keep that in mind . This does not mean it is final. I I I I Re g u lar Meetin g of the Milton C ity Council Monday, N ovember 2 1, 2 016 at 6 :00 pm Pag e 11 of 16 Motion and Vote: Councilmember Lusk moved to DEFER Agenda Item No . 16-257 for 90 days or until the formation of the City of Milton Equestrian Committee pending their recommendation . Councilmember Mohrig seconded the motion. The motion passed unanimousl y (6-0). Councilmember Kunz was absent from the meeting. UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 2 , Article VIII , Ethics Code , of the City of Milton Code of Ordinances . ORDINANCE N0.16-11-290 (Agenda Item No. 16-245) (Discussed under New Bu sin ess at Octob er 17, 2 016 R egular C ity Co unc il Meeting) (Public Hear in g held at Novemb er 2 1, 20 16 Regular City Co un cil Mee tin g) (Ke n J arr ard, City A ttorn ey) Ken Jarrard, City Attorney This is the ordinance that we discussed during the public hearing earlier tonight. Unless there are furt her questions , the ordinance is in your package for additional review. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No . 16-245. Councilmember Hewitt seconded the motion . The motion passed unanimousl y (6-0). Councilmember Kunz was absent from the meeting . NEW BUSINESS The following Agenda Items No. 16-273and16-274 were moved to after Reports and Presentations during Approval of Meeting Agenda. 1. Consideration of a Resolution Appointing a Member to the City of Milton Cultural Arts Committee for District 1/Post 2. RESOLUTION N0.16-11-397 (Agenda Item No. 16-273) (Mayo r J oe Lockw ood) Motion and Vote: Councilmember Thurman moved to approve Agenda Item No . 16-273 to appoint Megan Jamison as a Member of the City of Milton Cultural Arts Committee for District I/Post 2. Councilmember Longoria seconded the motion. The motion passed unanimousl y (6-0). Counci lmember Kunz was absent from the meeting. Re g ular Meetin g o f th e Mil ton Ci ty Council Monday, N ovember 2 1, 2 0 16 at 6 :00 pm Page 12 of16 2. Consideration of a Resolution Appointing A Member to the City of Milton Cultural Art s Committee for District 2/Post 1. RESOLUTION N0.16-11-398 (Agenda Item No. 16-274) (Mayo r J oe Lockwood) Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 16-273 to appoint Bill Purdie as a Member of the City of Milton Cultural Arts Committee for District 2/Post 1. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Council member Kunz was absent from the meeting. 3. Consideration of an Ordinance to Amend the Charter of the City of Milton for the Purpose of Clarifying Section l .12 (b )( 40)(A) and Section 6 .11 (b ). (Agenda Item No. 16-244) (Discussed under New Bu s iness at October 1 7, 20 16 R egular City Co un cil Meet in g) (Ken J arrard, City A ttorn ey) I Ken Jarrard, City Attorney I This is a proposed home rule modification to the Milton City Charter. Per legal requirements , a legal ad w as placed on November 17th , 2 151, and 28th. Then, we have to adopt the ordinance twice. The first time will be tonight , if the council agrees , and then again on December 5th . It is then recorded with the Secretary of State and it becomes law. The purpose of this modification is to clean up what the General A ssembly was attempting to do in the City of Milton Charter with respect to the advalorem property tax caps . In Section 1.12 , they provided that your tax cap of 4 .731 mills only had applicati on to your operating budget because we wanted to make it clear that it did not appl y to your General Obligation bond ability. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 16-244. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0 ). Councilmember Kunz was abs ent from the meeting. 4 . Consideration of a Res o lution of the City of Milton, Georgia Extending Until March 7 , 2017 , an Exist ing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions Located within the Fi ve Acre Road Zone. RESOLUTION NO. 16-11-399 (Agenda Item No. 16-271) (Pu blic Hearing held at No v ember 21, 2016 Regular City Co unc il Mee ting) (Ken J arrard, City A ttorney) I I I I Re g ular Meeting of the Milton C ity Council Monday, November 2 1, 2016 at 6 :00 pm Page 13 of16 Motion and Vote: Councilmember Hewitt mo ved to approve Agenda Item No. 16-271. Councilmember Mohrig seconded the motion. The motion passed unanimousl y (6-0). Councilmember Kunz was absent from the meeting . 5. Consideration of a Resolution of the City of Milton , Georgia Extending Until March 7, 2017 , an Ex isting Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions on Property Adjacent to Highway 9 between the Forsyth County Line and the City limits of the City of Alpharetta, Excluding Property located in the Five Acre Road Zone. (Public Hear ing h eld at November 2 I , 20 16 Regu lar City Co un cil Meet in g) RESOLUTION N0.16-11-400 (Agenda Item No. 16-272) (Ken J arr ard, C ity A tt orn ey) Motion and Vote: Councilmember Mohrig mo ved to appro ve Agenda Item No. 16-272. Councilmember Thurman seconded the motion . The motion passed unanimousl y (6-0 ). Councilmember Kunz was absent from the meeting . 6. Consideration of a Resolution to Appro ve Mobilitie , LLC 's Application for Utilization of the Public Rights of Way of the City of Milton for Telecommunication Facilities , as Authorized by Law. RESOLUTION N0.16-11-401 (Agenda Item No. 16-275) (Discussed at Nove mber I 4, 2 0 I 6 Wo rk Sess ion) (Ken J arr ard, C ity A tt orn ey) Ken Jarrard, City Attorney This is a resolution to appro ve Mobilitie's application for utilization of the public right of way pursuant to Georgia law. We discussed this at the November 14 th Work Session. We discussed some examples of small cell technolog y. State law wants to encourage these type of providers the ability to locate within Georgia. Upon the city's receipt of a completed application , we have 60 days to approve their request. If we do not , by law , it is approved anyway . They have the ability to put these structures in our right of way, however , we have the ability to reasonably regulate it. Motion and Vote: Councilmember Thurman mo ved to appro ve Agenda Item No. 16-275. Councilmember Longoria seconded the motion . The motion passed unanimousl y (6-0 ). Councilmember Kunz was absent from the meeting . Regular Meeting of the Milton C ity Council Monday , November 21, 20 16 at 6 :00 pm Page 14of16 7. Consideration of the City Council of the City of Milton Declaring the Re sults of an Election Determining the Issuance of General Obl ig ation Bonds by the City of Milton and For Other Related Purposes . RESOLUTION NO. 16-11-396 (Agenda Item No. 16-276) (Ke n Jarrar d, City Attorn ey) Ken Jarrard, City Attorn ey This is a resolution that our bond attorneys have asked us to put in front of you as part of the validation process with respect to our General Obligation Bond debt. This is one of the many pieces of paper we will have to approve with respect to presenting the packet to the judge for validation . This is our reso lution formally declaring the results of the General Obligation Bond referendum . This will simpl y further confirm what has already been ratified by the Fulton County Board of Elections. Motion and Vote : Councilmember Hewitt moved to approve Agenda Item No. 16-276. Councilmember Thurman seconded the motion . The mo t ion passed unanimously (6-0). Councilmember Kunz was absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS 1. Community Development 2 . Parks and Recreation 3. Communications Kathleen Field, Community Development Director I would like to discuss three initiatives to the Strategic Plan. The firs t one pertains to creating a master plan for the downtown Milton. The final presentation will be he ld on November 30th at the Milton Library. In addition , we are in the process of updating the tree preservation ordinance. We held a kickoff meeting on October 26th with the Planning Commission and other stakeholders. The I I consultant is currently working on this ordinance . Lastly, we asked the public to consider a bond I issuance for conservation purposes. The bond issue passed and we held a work session last week to discuss the formation of an advisory board that will be utilized to advise the council on potential I I I Regular Meeting of the Milton City Council Monday, November 21, 2016 at 6 :00 pm Page 15of16 land acquisition. In addition, the first text amendment that will be coming before you is an amendment to create steep slope standards. This should come before you in January. The next text amendment is consideration to amend the AG-1 district regarding paved and unpaved roads. It is expected to come before you next month. Lastly , the definitions of paved and unpaved roads will also follow that and will come before you as well next month. Lastly , the consideration to amend the Deerfield Form Based Code will be brought before you as it relates to the moratoriums that are currently in place. The consideration to amend the Milton Rural Overlay will also come before you as it relates to the height of single family uses. We will also be considering amendments to the Crabapple Form Based Code as it relates to building units to allow for parking structures . This is essentially a loophole that we found in the Crabapple code that we would like to correct. We also have revisions to the plat process Chapter 50 as it relates to subdivisions . There is also a use permit coming to you for approval for a private school on Francis Road with a maximum of 25 students within the existing structure and a concurrent variance to reduce the undisturbed buffer. Jim Cregge, Parks and Recreation Director We have completed our fall programming . The boys and girls lacrosse as well as baseball all experienced increases in participation . Football participation decreased , however , one team is playing this weekend for a league championship. We met with all of our program partners last week an d we shared ideas. It was a very productive meeting . We have submitted formal requests to the Fulton County Board of Education to start our IGA processes at Birmingham Falls, Cogburn Woods, and Hopewell Schools. Our basketball program has really taken off. In the past years, we have averaged around 110 kids in the program. This year we are at 199 participants. This surge in participation is a direct result of our program partner Halftime Sports . In addition, as you know, Providence Park has opened and we are all excited about it. I also wanted to let you know that the Atlanta Cricket League has donated a check for $2 ,000 to the City of Milton to help with Camp Joyful Soles. Lastly , the City of Milton was awarded the distinguished honor of District 7 Agency of the Year. Shannon Ferguson, Communications Manager I would like to discuss three areas of the Communication Department tonight. They are reporting and data, structure and organization, and the next steps for the Communications Department. In front of you are the communication department monthly stats. I compared this report to Google analytics so you will see some changes in the numbers. I have added a category for Active Users which is a better reflection of activity on our website. I have also added Meaningful Visits which consists of users spending 2 minutes or more on a particular page of information. We have 4, 146 individuals who have signed up for the city's email newsletter. However , I wou ld like to focus on our unsubscribe rate which indicates how meaningful the content is that we are putting out. So far , our unsubscribe rate is low which is great to see. In the near future , I would like to survey our resident s to see how they prefer to get their information. I want to make sure we are reaching all of our citizens. Regular M eeting of the Milton City Counci l Monday, ovember 2 1, 2016 at 6 :00 pm Page 16of16 EXECUTIVE SESSION Motion and Vote: Councilmember Thurman moved to go into Executive Session to discuss Land Acquisition at 8:08 p.m. Councilmember Mohrig seconded the motion . The motion passed unanimously (6-0). Councilmember Kunz was absent from the meeting . RECONVENE Motion and Vote: Counci lmember Longoria mo ved to reconvene the Regular Meeting at 8: 31 p.m. Councilmember Lusk seconded the motion. The motion p assed unanimously (6-0). Council member Kunz was absent from the meeting . ADJOURNMENT (Agenda Item No. 16-277) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:32 p .m. Councilmember Hewitt seconded the motion. The motion p assed unanimously (6-0). Councilm ember Kunz was absent from the meeting. Date Approved: January 9 , 2017 I I I STATE OF GEORGIA COUNTY OF F U LTON I CITY OF MIL TON ) ) ) ) ) AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS I I Personall y appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer o aths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MIL TON, 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 Council Meeting held on ovember 21 , 2016, at 6 :00 PM the Council voted to go into closed session and exclude the 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 negot iations 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 po t ential 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 . 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