HomeMy WebLinkAboutMinutes CC - 12/19/2016 - MINS 12 19 16 REG (Migrated from Optiview)I
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Regular Meeting of the Milton City Council
Monday , December 19 , 2016 at 6:00 pm
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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
December 19, 2016 at 6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Jason Howard, Stonecreek Church, Milton, Georgia
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember
Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Mohrig.
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
(Agenda Item No. 16-291)
Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda with the
following change:
• Move Agenda Item No. 16-300 to New Business .
Councilmember Hewitt seconded the motion. The motion passed (5-2). Mayor Lockwood and
Councilmember Lusk were opposed.
Re g ular Meetin g o f th e Milton Ci ty Council
Mond ay, December 19 , 2016 at 6 :00 pm
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PUBLIC COMMENT
Th e following individual s ubmitted a Public Comment Card:
Bob Meyers , 32 65 Wolf Willow Close, Milton, GA 30004
CONSENT AGENDA
1. Appro v al of th e October 17 , 2 016 Regular City Council Meeting Minutes .
(Agenda Item No. 16-292)
(S udie Go rdo n, City Clerk)
2. Appro val of the November 7 , 2016 Regular City Council Meeting Minutes .
(Agenda Item No. 16-293)
(Su die Gordon, C ity Clerk)
3. Approv al of the Financial Statements for the Period Ending November, 2016.
(Agenda Item No. 16-294)
(Bern adette Harv ill, Finance Director)
4. Appro v al of a Service Agreement between the City of Milton, Georgia
and Grani c us, Inc .
(Agenda Item No. 16-295)
(David Frizze ll, IT Manager)
5. Appro v al of a Parks and Recreation Department Athlet ic Association Manual and Facility
Use Agreement between the City of Milton and Hopewell Youth Association.
(Agenda Item No. 16-296)
(J im Cregge, Parks and Recreat io n Director)
6. Approv al of a Parks and Recreation Department Facility Use Agreement between the City
of Milton and Agape Academy, LLC .
(Agenda Item No. 16-297)
(J im Cregge, P arks and Recreation Director)
7. Approval of a Parks and Recreation Department Athletic Association Manual and Facility
Use Agreement between the City of Milton and Eagle Stix Rec ., Inc.
(Agenda Item No . 16-298)
(Jim Cregge, Parks and Recreation Director)
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8. Approval of a Parks and Recreation Department Facility Use Agreement between the City
of Milton and Halftime Sports , LLC .
(Agenda Item No . 16-299) I
(Jim Cregge, P arks an d Recreation Director)
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Re g ular Meeting of th e Milton City Council
Monday, December 19 , 2016 at 6 :00 pm
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The following Agenda Item No. 16-300 was moved to New Business by Motion and Vote
during Approval of Meeting Agenda.
9. Approval of a Parks and Recreation Department Athletic Association Manual and Facility
Use Agreement between the City of Milton and New Found Life Football League.
(Agenda Item No. 16-300)
(Jim Cregge, P ar ks and Recreation Director)
10. Approval of a Parks and Recreation Department Facility Use Agreement between the City
of Milton and North Georgia Recreation , Inc .
(Agenda Item No. 16-301)
(Jim Cr egge, Parks and Recrea ti on Director)
11. Appro val of a Parks and Recreation Department Facility Use Agreement between the City
of Milton and Sperber Music.
(Agenda Item No. 16-302)
(Jim Cr egge, Parks and Recreation Director)
12. Approval of a Parks and Recreation Department Contract Concession Agreement between
the City of Milton and Wanna Play Baseball , Inc .
(Agenda Item No. 16-303)
(Jim Cregge, Parks and Recreation Director)
13. Approval of a Traffic Signal Maintenance Agreement between the City of Milton and
Siemens Industry , Inc.
(Agenda Item No. 16-304)
(C arter Lu cas, Ass is tant C ity Manager)
14. Approval of a Right of Way Maintenance Agreement between the City of
Milton and Optech R WM , LLC.
(Agenda Item No. 16-305)
(C arter Lu cas, Ass is tant City Ma n ager)
15 . Approval of an Agreement between the City of Milton and Tri Scapes , Inc.
to Provide Facility Landscaping Services , Sport Field Maintenance and Maintenance of
Bell Memorial and Providence Parks.
(Agenda Item No. 16-306)
(Carter Lu cas, A ss istant C ity Man ager)
16. Approval of a Service Agreement between the City of Milton and Atlanta Gas Light to
Provide Gas Service to the New City Hall.
(Agenda Item No. 16-307)
(Cart er Lu cas, Ass is tant City Manager)
Regular Meeting of the Milton City Council
Monday, December 19, 2016 at 6 :00 pm
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17. Approval o f the Execution of a Memorandum of Understanding between
the Milton Police Department and the Georgia Department of Labor for
Unemployment Insurance Information and Employment Histories.
(Agenda Item No. 16-3 08)
(Captain Joh n A. Hu ey Ill, Police Dep artment)
Motion and Vote: C ouncilmember Lusk moved to approve the Consent Agenda. Councilmember
Thurman seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS (None)
FIRST PRESENTATION
1. Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation
and Pollution C ontrol , Article VI, Soil Erosion within the City of Milton Code of
Ordinances .
(Agenda Item No. 16-270)
(First Presentation at Nov ember 21 , 2016 Regular City Council Meeting)
(Carter Lucas, Assistant C ity Manager)
Motion and Vote: Councilmember Kunz moved to approve the First Presentation Item.
Councilmember H ewitt seconded the motion. The motion passed unanimousl y (7-0).
PUBLIC HEARING (None)
ZONING AGENDA
1. Consideration of RZ16-09 -To Amend the Deerfield Form Based Code in
Chapter 64, Article XX.
ORDINANCE NO. 16 -12-293
(Agenda Item No. 16-284)
(First Presentation at December 5, 2016 R egular City Cou ncil Meeting)
(Discussed at December 12, 2016 City Council Work Session)
(Kathleen Field, Community Developmen t Director)
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Re g ular Meeting of the Milton City Council
Monday, December 19, 2016 at 6 :00 pm
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Kathleen Field, Community Development Director
The Deerfield Form Based Code was adopted based on the Highway 9 Livable Centers Initiative
(LCI) approved in 2012 ; and , the Highway 9 North Visioning Study that was approved in 2014 .
The proposed text amendment would change what the community agreed upon at that time
regarding the type of uses permitted in each Transect Zone. Staff recommends that if the Mayor
and City Council would prefer to amend the Deerfield Form Based Code as proposed, in order to
provide additional commercial tax base , that a comprehensive re-review of the plan be initiated
in order to allow for a thorough analysis of the proposed changes. The purpose of this text
amendment is to consider eliminating all residential uses , except when located in a vertically mixed
use building for properties adjacent to Highway 9 and North Main Street (Highway 9).
This text amendment was heard at the October 26, 2016 Planning Commission. This item was
deferred at the October 16 , 2016 meeting. During that meeting there were five citizens who spoke
on this item. Three of the citizens who are property owners in the Five Acre Subdivision stated
they were in opposition to the proposed change based on the fact that the Deerfield Form Based
Code was based upon the consensus between all the stakeholders involved. Two other citizens , of
which one was a resident , was in support of the proposed change to eliminate residential uses along
Highway 9, including the Five Acre area .
After deliberations by the Planning Commission as well as considering comments from the public ,
it was decided to defer the item in order for Staff to send notices to all property owners with
property adjacent to Highway 9 and North Main Street. Staff sent out the notices to above
mentioned property owners and received approximately three phone calls asking if the proposed
changes would impact their properties. The properties would not be impacted based on the fact
they were already developed or they were small parcels that could not support residential
development.
Additionally , the Planning Commission requested that Staff provide a map indicating parcels along
Highway 9 and North Main Street that are not developed and may be impacted by the proposed
text amendment.
Lastly , the Planning Commission requested to see the reports produced by Dr. Michael Elliot
whom the City hired to mediate the planning process for the Five Acre area, located north of
Bethany Bend along Highway 9.
At the November 16 , 2016 Planning Commission meeting there were three citizens who spoke
during the public hearing . A property owner within the Five Acre Subdivision stated she was in
support of keeping the existing requirements the way they were written based on the fact that it
was approved based on consensus between all the parties involved. Another resident within the
subdivision stated she would like the Five Acre properties adjacent to Hwy 9 to be only residential
uses. The third citizen stated that she believes that all the properties adjacent to Hwy 9 should only
be allowed for non-residential uses.
Regular Meeting of th e Milton C ity Council
Monday, December 19 , 2 016 at 6 :00 pm
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After discussing the history of the Highway 9 North V is io ni ng P lan as well as the Michael Elliot
report, they voted to deny the proposed text amendment to e liminate resident ial uses . This decision
was based upon the extensive work by Staff, Dr. E lli ot and the stakeho lders involved to come to
an agreement that was ultimately approved by the Mayo r and C ity Council via the Deerfield Form
Based Code as it is currently written.
At the December 12 , 2016 City Council Work Session, th e Mayor and City Council directed Staff
to amend the ordinance to e liminate residential uses fo r parce ls adj acent to Hwy 9 except for the
Five Acre Road Zone. The Five Acre Road Zone deve lopment and use req uirements will remain
the same. Only when a bui lding integrates a resident ia l u se ve rtic all y into a mixed use building
can a residential use be de ve loped on properties adjace nt to Hwy 9. This is reflected in footnote
#12 on Table 10 in the Deerfield Form Based Code. I will be hap py to answer any questions .
Cou nc ilm em ber Mohrig
Looking at this , your recommendation is that still the maj ority of Hwy . 9, the undeveloped portion
and anything for re-development, would only be for commerc ial. The exception, is that the Five
Acre parcels ?
Kathy Field
That is right. The Five Acre parcels are de leted an d in addition, the onl y residential use that we
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would allow in the rest of the Route 9 corridor, which i s essentially the majority of it, is in a vertical I
mixed use building. But, other than that, there wou ld be no sing le use r esidential use , for instance,
allowed.
Coun cil mem ber Kunz
A lot of the discussion regarding the Form Based Co de was that we wanted to have more look and
feel of the buildings but be more flexi bl e with regard s to the use. I think the mixed use idea is
right to force commercial o n the bottom, but above th at, it could be resi dential or it could shift to
office or whatever; whateve r the market di ctates. That is kind of what it was designed to do. That
was the spirit of our intent at that time . So , whi le they may have uses of residential, they could
shift to office or vice versa, depending on the market, however, the look and feel wants to be like
the mixed use type building . So , I think that is what we are tryin g to do here.
Kat hy Fi eld
Yes , as long as it was mixed use. It cou ldn 't be all resi denti al.
Coun cilm em ber Thurman
So, the area around Five Acres would stay as originall y presented an d voted on by us previously
for those, just the two parcel s on either side of it? No change to those at all?
Ka thy Fie ld
That is correct. No change at all.
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Re g ular Meeting of the Milton City Council
Monday, December 19 , 2 016 at 6 :00 pm
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Councilmember Mohrig
This would eliminate the ability to just have townhome residential fronting Hwy . 9 only
residential.
Kathy Field
That is correct.
Councilmember Mohrig
That is how we started this whole discussion.
Kathy Field
Precisely.
Mayor Lockwood
I do have a concern which I mentioned during the work session. If you look at all the plats , the
majority of them are surrounded by single family residential. So , we need to be prepared , they are
going to have commercial right up to them. There is not going to be a buffer between them of a
lesser use. There may be some consequences.
Councilmember Mohrig
When you look at it, are most of those residential feeding back into residential ? Or , is it fronting
Hwy . 9?
Mayor Lockwood
Feeding back so a commercial building could be right up to a subdivision.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No . 16-284.
Councilmember Mohrig seconded the motion. The motion passed (6-1). Mayor Lockwood was
opposed.
Regular Meeting of the Milton C ity Council
Monday, December 19, 2016 at 6:00 pm
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PUBLIC COMMENT
The following individuals submitted a Public Comment Card:
Tim Becker, 15625 Canterbury Chase, Milton, GA 30004
Daniel Fernandez, 14855 Wood Road, Milton, GA 30004
2. Consideration ofRZ16-0 7 -To Amend the AG-1 (Agricultural) Di strict Regarding Paved
and Unpaved Road s in Chapter 64, Article VI, Division 2, in Sec. 64-416. Development
Standards.
(Agenda Item No. 16-282)
(First Presentation at December 5, 20 16 Regular City Council Meeting)
(Discussed at December 12, 2016 City Council Work Session)
(STAFF RECOMMENDS DEFERRAL PENDING ADDITIONAL INFORMATION)
(Kathleen Field, Community Development Director)
Motion and Vote: Counci lmember Hewitt moved to DEFER Agenda Item No. 16-282 to the
January 30, 2017 Regular Council Meeting. Councilmember Lusk seconded the motion. The
motion passed unanimously (7-0).
3. Consideration ofRZ16-08 -To Amend the Definitions Regard ing Paved
and Unpaved Roads in Chapter 64 , Article I, in Sec. 64-1. Definitions.
(Agenda Item No. 16-283)
(First Presentation at December 5, 20 16 Regular City Council Meeting)
(Discussed at December 12, 2016 City Council Work Session)
(STAFF RECOMMENDS D EFERRAL PENDING ADDITIONAL INFORMA T/ON)
(Kathleen Field, Community Development Director)
Motion and Vo t e: Councilmember Hewitt moved to DEFER Agenda Item No. 16-283 to the
January 30, 2017 Regular Counci l Meeting. Councilmember Thurman seconded the motion. The
motion passed unanimousl y (7-0).
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Re g ular Meeting of the Milton Ci ty Council
Monday, December 19 , 2016 at 6:00 pm
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UNFINISHED BUSINESS
1. Discussion Regarding Amending Chapter 50 , Article III , Division 1, Sec. 50-71
Compliance with City Procedures and Guidelines Required . (Paved and Unpaved Road s.)
(Agenda Item No. 16-285)
(Firs t Presentation at Decemb er 5, 2016 Regular City Co un c il Mee ting)
(Discussed at D ecemb er 12, 2016 City Co un cil Work S ess io n)
(STAFF RECOMMENDS DEFERRAL PENDING ADDITIONAL INFORMATION)
(Kathleen Fi eld, Co mmunity Developm ent Direc tor)
Motion and Vote: Councilmember Thurman moved to DEFER Agenda Item No. 16-285 to the
January 30 , 2017 Regular Council Meeting. Councilmember Mohrig seconded the motion. The
motion passed unanimously (7-0).
NEW BUSINESS
The following Agenda Item No. 16-300 was moved to New Business by Motion and Vote
during Approval of Meeting Agenda.
1. Appro val of a Parks and Recreation Department Athletic Association Manual and Facility
Use Agreement between the City of Milton and New Found Life Football League .
(Agenda Item No. 16-300)
(Jim Cr egge, Parks and Recreation Director)
Mayor Lockwood
Not this specific contract, but I have asked our City Manager to bring back to council at our next
available work session, to get with the Parks and Recreation Board and Staff, to bring to us our
Field Use Ordinance and let us talk about field space availability and use.
PUBLIC COMMENT
Th e following individual s ubmitted a Public Comment Card:
Stephanie Butler, 770 Stratforde Drive , Milton , GA 30004
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 16-300 .
Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of th e Milton C ity Council
Monday, December 19 , 2016 at 6 :00 pm
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2. Consideration of a Resolution to Create the Milton Equestrian Committee (MEC).
RESOLUTION NO. 16-12-405
(Agenda Item No. 16-3 09)
(Ken Jarrard, City Attorn ey)
Ken Jarrard, City Attorney
This is a resolution that would create the Milton Equestrian Committee . The purpose of the
committee is to advocate for, promote, and participate in the sel ection and interpretation of
equestrian initiatives and events to encourage local exploration, generate civic pride, increase
tourism, and show place lo cal equestrian land , businesses, and initiativ es. It will be set up by an
Equestrian Board of Directors which will be comprised of seven individuals as per the City of
Milton Charter. The ini tial slate will be selected by councilmembers , the Mayor, or both. All have
to be ratified by maj ority vote of the council. Following the initial slate of the Board of Directors ,
they will then nominate their own replacements who will then have to be ratified by the council.
The term of each individual is generally going to be two years , although, they may go into rollover
terms which is very standard . They will meet at regular intervals as nec essary to perform their
tasks. They can have volunteers and adopt an official logo. Members must be:
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• A resident of the City of Milton. I
• Be at le as t 21 years old and either personally own one or more horses or own land
which has maintained one or more horses during th e duration of a consecutive six
month period prior to the time of appointment.
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 16-309 with
the following change s:
• Members must own land that is being used primarily for an agricultural purpose.
• Selection process after 4 year term coterminous with term of elected official.
Councilmember He witt seconded the motion. The motion passed unanimously (7-0).
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Regular Meeting of the Milton City Council
Monday, December 19 , 2016 at 6:00 pm
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3. Consideration of the Intergovernmental Agreement Between Forsyth County and the City
of Milton for the Provision of Fire-Rescue and Police Services to Certain Property
Located within Forsyth County.
(Agenda Item No. 16-310)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney
We discussed this item at the last work session. This is an IGA regarding public safety services
that would be on the boundaries and jurisdiction of Forsyth County. Public safety responders will
originate from the City of Milton and provide services in Forsyth County . These type ofIGA's
are very common whenever there are two jurisdictions on the border of each other. This is just
permission from Forsyth County that the City of Milton can perform public safety services within
Forsyth County. There is no compensation associated with this. Each city will coordinate the 911
services to ensure that all first responders are included in the emergency notification system.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 16-310.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
MAYOR AND COUNCIL REPORTS
STAFF REPORTS
1. Community Development
2. Economic Development
Kathleen Field, Community Development Director
We have created the master plan for the Downtown Milton and the final presentation was held on
November 30th at the Milton Library and we had approximately 60 people in attendance. After
the plan is reviewed by the Planning Commission, it will come before council for your review at
the February meeting. Our next stakeholder group meeting to discuss the tree preservation
ordinance will be held on January 25th. Soon after the meeting, we hope to develop a draft to begin
the public review process. We have also gone to bid for the creation of a unified development
code. We hope to award the bid late January or early February. We have several text amendments
that will be coming to you for your review. These include steep slopes as well as paved and
unpaved roads. In addition, a text amendment to amend the Rural Milton Overlay single family
Regular Meeting of the Milton C ity Council
Monday, December 19 , 2 016 at 6 :00 pm
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uses and height which is in tandem with our retaining walls ordinance. We are also amending the
Crabapple Form Based Code as it relates to building units and parking structures. Also , there is a
text amendment to the AG-1 district relating to development standard s. We will also be presenting
changes to the plat process approval procedure. You will also be p resented the consideration of a
use permit for Chrysalis Academy on Francis Road.
Sarah LaDart, Economic D evelopment Manager
It was approved in the budget for an RFP for a Business Improvement Research Study. I sent the
RFP paperwork to Honor today. A couple of individuals have already been sworn in for the Arts
Council. Please let me know if you need help nominating additional individuals. I have a list of
residents who are interested in serving on the board. I have app lied to the Atlanta Regional Council
Art Leadership Program. We should find out soon if Milton has been accepted. I met with a local
real estate agent last week and they have some potential space for us regarding our discussions
about establishing start up space. In addition , we will have a booth at the Metro Atlanta Job Fair
for two days this year.
ADJOURNMENT
(Agenda Item No. 16-311)
Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 7:15 p.m.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
Date Approved: January 30 , 2017
Clerk JoeLockwc¥
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