HomeMy WebLinkAboutMinutes CC - 09/13/2017 - 9/13/2017 - Special Called Meeting - MinutesSpecial Called Meeting of the Milton City Council
Wednesday, September 13, 2017 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
September 13, 2017 at 6:00 PM, Mayor Joe Lockwood presiding.
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Councilmembers Present: Councilmember Thurman, Councilmember Kunz, and
Councilmember Longoria.
Councilmembers Absent: Councilmember Lusk and Councilmember Hewitt.
Councilmember Mohrig arrived at 6:18 p.m.
PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
APPROVAL OF MEETING AGENDA
(Agenda Item No. 17-225)
Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda.
Councilmember Thurman seconded the motion. The motion passed unanimously (4-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Councilmember
Mohrig was absent for the vote.
PUBLIC COMMENT
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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CONSENT AGENDA
1. Approval of the August 21, 2017 Regular City Council Meeting Minutes.
(Agenda Item No. 17-226) (Sudie Gordon, City Clerk)
2. Approval of the August 28, 2017 Special Called City Council Meeting
Minutes.
(Agenda Item No. 17-227) (Sudie Gordon, City Clerk)
3. Approval of a Professional Services Agreement between the City of Milton
and Lowe Engineers for City Engineer Services.
(Agenda Item No. 17-228) (Carter Lucas, Assistant City Manager)
4. Approval of a Task Order to Provide Freemanville at Providence Right of Way Services.
(Agenda Item No. 17-229) (Carter Lucas, Assistant City Manager)
5. Approval of a Construction Services Agreement between the City of Milton and Ed
Castro Landscape, Inc. for the Construction of Patio and Landscape Improvements for
Fire Station 41.
(Agenda Item No. 17-230)
(Carter Lucas, Assistant City Manager)
6. Approval of Subdivision Plats and Revisions Approval.
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. 6 Freemanv ille, LLC
LL 311 and 338
16070 Freemanv ille
Road
Minor
Plat
3 Lots
6.15
.48 Lot / acre
2. Chick-fil-a, Inc. Minor
Plat
Move
property line/ 1
Lot
1.125
N/A
(Agenda Item No. 17-231)
(Kathleen Field, Community Development Director)
7. Approval of an Addendum between Fulton County, Georgia and the City of Milton,
Georgia for the 2018-2020 Cooperation Agreement.
(Agenda Item No. 17-232)
(Steve Krokoff, City Manager)
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda.
Councilmember Kunz seconded the motion. The motion passed unanimously (4-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Councilmember
Mohrig was absent for the vote.
REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Anuhya Tadepalli for Volunteer Service With
Senior Citizens.
(Councilmember Matt Kunz)
Councilmember Mohrig arrived at 6:18 p.m.
FIRST PRESENTATION
1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia,
to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton,
Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the
Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed
Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 17-233)
(Bernadette Harvill, Finance Director)
2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia,
to Adopt the Fiscal 2018 Budget for Each Fund of the City of Milton, Georgia
Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several
Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and
Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 17-234)
(Discussed at the August 14, 2017 City Council Work Session)
(Stacey Inglis, Assistant City Manager)
Motion and Vote: Councilmember Kunz moved to approve the First Presentation Items.
Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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PUBLIC HEARING
1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia,
to Adopt the Fiscal 2018 Budget for Each Fund of the City of Milton, Georgia
Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several
Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and
Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 17-234)
(Discussed at the August 14, 2017 City Council Work Session)
(First Presentation at the September 11, 2017 City Council Meeting)
(Stacey Inglis, Assistant City Manager)
Stacey Inglis, Assistant City Manager
Right now, our revenues and expenditures are balanced for the general fund. Revenues and
expenditures amount to $31,815,240.00. The most significant change from the documents that
were presented to you on August 14, 2017 is the change in the revenue for property taxes. There
is a $200,000 increase in revenues. I have spoken to the Fulton County Tax Commissioners office
and received hopeful news that they plan to bill at the end of this month; therefore, we should
receive our tax digest at the end of the month. We should be able to bill by mid-October. That is
about two weeks earlier than what we had anticipated. We should have a higher rate of revenues
for 2017 and a portion of it will go into 2018, but in looking at the tax digest I received, it looks
like we will have higher than anctipated revenues because of newly improved properties in Milton.
The revenues are based on the 4.731 millage rate which is the same millage rate we have had since
the incorporation of the city.
ZONING AGENDA (None)
UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Chapter 20 of the City Code - Noise Control.
ORDINANCE NO. 17-09-327
(Agenda Item No. 17-170) (First Presentation at July 10, 2017 Regular City Council Meeting)
(Deferred at August 7, 2017 City Council Meeting)
(Kathleen Field, Community Development Director)
Robyn MacDonald, Zoning Manager
We have tried to address most of your concerns since the deferral of this item at the August 7,
2017 meeting. We have also had additional legal review. The following are items that have been
changed based on discussions with you as well as the city attorney.
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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On page 2, we created a definition for loud and unreasonable noise which gives an overall level of
acceptance of noise. At the bottom of page two, we amended Section 20-659 with a new title
which is, “activities permitted that produce sound impacting residential life.”
On page 3, one of the councilmembers requested that we revise the table to make it more user-
friendly and easier to read so we have made changes to that. We also separated commercial and
non-commercial uses. As you look at the table, the first item on the left is “operation of
construction machinery by commercial users.” Then you look across the table and see when they
are permitted to be used. Previously, the table stated when they could not be used, so this is easier
to understand.
The next item is lawn maintenance and garage machinery by commercial users. This is allowed
7:30 am to sunset; Monday through Friday; and Saturday, 9:00 am to sunset. In addition, we do
not allow Sunday operations and federal holidays are 9:00 am to sunset.
Then we address individuals on residential property; the operation of construction machinery or
garage machinery which registers more than 65 dba; which is a decrease from the previous version,
at the nearest complainant’s property line. The only time this is allowed is between 7:30 am and
7:30 pm Monday through Friday and on Saturday 9:00 am to 6:00 pm; Sunday 9:00 am to 6:00
pm and also allowed on federal holidays, 9:00 am to 6:00 pm.
The next line is operation of lawn maintenance machinery by individuals on their residential
property. The only time this is allowed is between 7:30 am to sunset Monday through Friday and
on Saturday 9:00 am to sunset; Sunday 9:00 am to sunset and also allowed on federal holidays,
9:00 am to sunset.
The last category is the operation of waste haulers which is consistent with the ordinance that
pertains to how they are operated. They are allowed to operate Monday through Sunday.
In addition, activities conducted on public playgrounds or private school grounds which are
conducted in accordance with the manner of which such spaces are generally used, including but
not limited to, school athletic and school entertainment events up to 12:00 midnight.
Another category consists of amplified sound produced within all zoning districts which impacts
residential life. There is not any allowance higher than 65 dba in this category.
Also, staff is willing to encourage mediation between two parties regarding noise complaints and
we can direct them to Fulton County Superior Court which provides that service.
Councilmember Longoria
Did we go up in total dba allowance in any of the categories?
Robyn MacDonald
No, we actually went down to 65 dba.
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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Councilmember Longoria
To clarify, if there is ever a conflict between a special use permit and the noise ordinance, the noise
ordinance prevails, correct?
Robyn MacDonald
Correct.
Councilmember Thurman
I think we need to modify the times regarding commercial uses creating noise for golf courses. I
live on a golf course and they are blowing off the course as early as 7:00 am. The ordinance states
7:30 Monday through Friday and 9:00 am on Saturday.
Mayor Lockwood
Perhaps we could state that golf courses and equestrian facilities are at the discretion of the
Community Development Director.
City Attorney Jarrard
I suggest you add language which states, in the event there is a conflict between this ordinance and
any other provision of the Milton code, the more restrictive noise-based performance standard
shall control; except, in the event there is a special use permit containing a noise-based
performance standard, the standard in that special use permit shall control.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 17-170 with
the following modifications:
In the event there is a conflict between this Ordinance and any other provision of the
Milton code, the more restrictive noise-based performance standard shall control; except,
in the event there is a special use permit containing a noise-based performance standard,
the standard in that special use permit shall control.
The footnote for commercial lawn maintenance (for Saturdays, Sundays, and federal
holidays) should contain the following:
The Director shall have the discretion to authorize an administrative variance for golf and
equestrian uses to adjust the start and stop times, on a case by case basis, if the Director
believes that such variance is in the best interest of the user and affected property owners
and as otherwise authorized by Sec. 20-667.
Councilmember Kunz seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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2. Consideration of an Ordinance to Amend Chapter 50, Subdivisions of the
City Code, Section 50-186(f), Construction Activities Restricted to Certain
Hours.
(Agenda Item No. 17-216)
(First Presentation at August 21, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director)
Robyn MacDonald, Zoning Manager
There was some discussion during the previous meeting regarding construction time limitations
so based on council’s direction, staff has proposed a new ordinance. There are two different
locations this information would be found; Section 50 which is subdivisions and also Section 10
which is in regards to buildings and building regulations. So, staff has added the following
language:
It shall be unlawful for any person to engage in or conduct any activity in the construction of any
building or structure, the moving of earth, or the laying of any pavement, including, but not limited
to, the making of any excavation, clearing or grading of surface land, and loading or unloading
material, equipment, or supplies, except between the hours of 7:30 a.m. and 7:30 p.m., Monday
through Friday, and 9:00 a.m. to 6:00 p.m. on Saturday unless a permit for each work at different
hours or days has first been issued by the Community Development Director. Applications for
such permits shall be made in writing to the Community Development Director and shall state the
name of the applicant, business address, the location of the proposed work, the reason for seeking
a permit to do such work outside of the above stated days and times including Sunday and the
estimated time of the proposed operation. No such special permit shall be issued except where the
public health, safety or welfare will not be adversely affected by such issuance and where the
applicant will be harmed by failure to perform the work at the times indicated. The foregoing
provisions shall not apply to any person performing construction activity at his or her residence,
but such persons are subject to the noise control ordinance set out in Sec. 20-659 of this Code.
City Manager Krokoff
This change came about because of some recent public comments we have received regarding
construction trucks coming in and out of neighborhoods and the noise they are emitting.
Councilmember Thurman
This may need a little more work before we can approve this.
City Attorney Jarrard
I think you have captured the restrictions on construction noise in the above agenda item we just
addressed.
Mayor Lockwood
I hope we are not creating unintended consequences to something that is not necessarily a
widespread issue.
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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Motion and Vote: Councilmember Longoria moved to WITHDRAW Agenda Item No. 17-216.
Councilmember Thurman seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
3. Consideration of an Ordinance to Amend Chapter 10, Buildings and
Building Regulations of the City Code, Section 10-97, Construction
Activities Restricted to Certain Hours.
(Agenda Item No. 17-217)
(First Presentation at August 21, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director)
Motion and Vote: Councilmember Longoria moved to WITHDRAW Agenda Item No. 17-217.
Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
NEW BUSINESS
1. Consideration of a Conflict Waiver on Behalf of Jarrard & Davis, LLP to Represent the
City of Milton and Forsyth County (as an interested party) in a Law Enforcement Mutual
Aid Agreement with the Forsyth County Sheriff’s Office.
(Agenda Item No. 17-235)
(Ken Jarrard, City Attorney)
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-235.
Councilmember Kunz seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
2. Approval of a Contract with Bayne Development Group, LLC for the
Provision of a Mobile Fire Training Facility for Milton Fire-Rescue.
(Agenda Item No. 17-236) (Robert Edgar, Fire Chief)
Robert Edgar, Fire Chief
We are seeking your approval for a new mobile fire training facility for our fire department. This
is a single container that is 40 feet long, 8 feet wide, and 8 ½ feet tall and sits on a trailer with
wheels. It weighs about 38,000 pounds. It gives us the ability to practice firefighter training skills
similar to what we can do at other training facilities that we do not have access to at this point. It
has different props so we can set up different configurations to adapt to some of the different types
of training that we want to do each day. It requires a 5th wheel tractor to move it to different
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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locations. We have consulted with United Towing and they will charge us a flat fee of $150 to
move it to whatever location we want within the city limits. We need this facility because we do
not have as many fires to fight anymore. We need to keep up our firefighting skills. Each
firefighter is required to complete 240 hours of training each year and we do not have consistent
access to a fire training facility in the area. This is part of our strategic plan and is also a part of
our five year capital plan. We went out to bid and received four proposals and Bayne Development
Group was the lowest bid at $165,000. It will be located at Station 43 in the back of the fire station
in the rear gravel parking lot area.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-236.
Councilmember Longoria seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
3. Consideration of a Resolution of the City of Milton, Georgia Enacting an Emergency
Moratorium to Bar Until October 17, 2017, the Acceptance of Applications for Concept
Plan Approval and Applications for Issuance of Land Disturbance Permits for Residential
Development of Property in the T-6 Transect Zone within the Deerfield Form Based
Code District.
RESOLUTION NO. 17-09-442
(Agenda Item No. 17-237)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director
This is a request to enact a moratorium so we can have time to revise the zoning ordinance as it
relates to the T6 Transect Zone which is a zone that is only in the Deerfield Form Based Code. It
is our highest density zone. We are concerned that this high density zone allows residential use.
Considering the fact that we made it our highest density, our expectation is that undeveloped sites
would be developed at a much denser purpose than residential. And, it even allows single family.
So, we would like the opportunity to re-look at the allowed uses as it relates to residential for this
transect zone to consider the elimination of these residential uses. This is very similar to the
previous moratorium that we put in place for Route 9 where we eliminated the residential uses
because of an economic development point of view and this is exactly the same type of situation.
Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 17-237.
Councilmember Thurman seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Police
2. Fire
3. Public Works
4. Human Resources
5. Community Outreach
Rich Austin, Police Chief
Accidents are down by 8% or 42 accidents from this time last year. We are also down personal
injury accidents by 18%. Crime overall is down by 11%. Property crime is down 11%. We have
had a total of eight violent crimes this year. We conducted a teen pride driving class which was
well attended. We also sponsored a car safety seat check.
Bob Edgar, Fire Chief
As we all know, Hurricane Irma destroyed Houston and over 300 firefighters in Houston have
either severe damage to their homes or the complete total loss of their homes. So, the Georgia Fire
Chiefs Association got together with the Texas Fire Marshal’s office and created a plan. All of
the metro Atlanta firefighters held a boot drive on Friday for the Houston firefighters that need
help. We held our boot drive for two hours and raised nearly $7,000.
Carter Lucas, Director of Public Works
We are up to $552,000 in TSPLOST revenue. Overall, the TSPLOST program has collected
slightly over $2 million. Our anticipated revenue was about $2.3 million so we are slowly getting
back to where we anticipated being at this time. We had estimated about $550,000 per month for
our projects. The two projects that are actively going on right now are the Crabapple Northeast
Connector which is going to be the Charlotte Drive extension on the northeast side of Crabapple.
That project is currently in survey and we are working toward community concept meetings. The
other project we are working on is the Hopewell at Bethany intersection improvements. We went
through concept planning on this project a few years ago so we are updating the traffic models on
those concepts and will bring forward updates toward the end of October. Our future projects are
Hopewell at Thompson intersection improvement as well as Hopewell at Hamby.
Special Called Meeting of the Milton City Council
Wednesday, September 13, 2017 at 6:00 pm
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Sam Trager, Human Resources Director
For the past six weeks, I have been working on our health benefit plan for 2017-2018 and our open
enrollment process. Blue Cross/Blue Shield quoted us a 25% increase over last year. So, we went
to market and made a decision to change our health insurance to Cigna. This resulted in only a
9% increase in our health benefit plan.
Courtney Spriggs, Community Outreach Manager
Our summer concert, Beach Bash, was a huge success even with the rain we had a little over 1,000
attendees. We received a lot of positive feedback from the community and many citizens wanted
us to do the same thing next year. We have changed our Veterans Day program to a Veterans Day
breakfast. This will be held on Saturday, November 11th and will be combined with our Literary
Festival. In addition, we are combining Christmas in Crabapple with our Milton Christmas Tree
lighting with a new tree at Broadwell.
EXECUTIVE SESSION (if needed)
ADJOURNMENT
(Agenda Item No. 17-238)
Motion and Vote: Councilmember Mohrig moved to adjourn the Special Called Meeting at 8:10
p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0).
Councilmember Lusk and Councilmember Hewitt were absent from the meeting.
Date Approved: October 2, 2017
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Sudie AM Gordon, City Clerk Joe Lockwood, Mayor