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HomeMy WebLinkAboutMinutes - CC - 06/17/2019Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 1 of 9 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 June 17, 2019 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Jason Howard, Chaplain for Milton Police and Fire Care Pastor — Stonecreek Church, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Jamison, Councilmember Kunz, Councilmember Bentley, Councilmember Cookerly and Councilmember Longoria. Councilmember Absent: Councilmember Mohrig PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-126) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda. Councilmember Cookerly seconded the motion. The motion passed (6-0). Councilmember Mohrig was absent from the meeting. PUBLIC COMMENT (General) NONE. Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 2 of 9 CONSENT AGENDA 1. Approval of the June 3, 2019 City Council Meeting Minutes. (Agenda Item No. 19-127) (Sudie Gordon, City Clerk) 2. Approval of the June 18, 2018 City Council Meeting Minutes. (Agenda Item No. 19-128) (Sudie Gordon, City Clerk) Approval of the Financial Statements and Investment Report for the Period Ending April 2019. (Agenda Item No. 19-129) (Bernadette Harvill, Finance Director) 4. Approval of a Waste Removal Service Agreement between the City of Milton and BFI Waste Services, LLC dba Republic Services. (Agenda Item No. 19-130) (Jim Cregge, Parks and Recreation Director) 5. Approval of a Professional Services Agreement between the City of Milton and Davis Engineering & Surveying, LLC to Provide Surveying and Engineering for Taylor Road and Batesville Road Stormwater Intersection Improvements. (Agenda Item No. 19-131) (Sara Leaders, Interim Public Works Director) 6. Approval of the Fourth Amendment to Option and Lease Agreement with New Cingular Wireless PCS, LLC for the Cell Tower Located at 15240 Thompson Rd, Milton, Georgia to Provide for an Extension of the Terms of the Original Agreement; to Increase the Monthly Rent; to Incorporate a Thirty Percent Revenue Sharing Provision on New Subtenants; and to Include a "Signing Bonus" (Agenda Item No. 19-132) (Stacey Inglis, Assistant City Manager) 1 LIl Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 3 of 9 7. Approval of the following Subdivision Plats: Name of Development / Location Action Comments / # lots Total Acres Density 1. John & Patricia Cartwright Minor Reconfigure LL 767 Plat parcels / 2 3.709 .54 Lots / acre 1820 & 1840 Redd Road Lots 2. Muirfield Park LL 606, 607, & 619 Final Plat Reconfigure Lot 22.575 .62 Lots / acre Hopewell Road Revision 4 / 14 Lots (Agenda Item No. 19-133) (Parag Agrawal, Community Development Director) Motion and Vote: Councilmember Bentley moved to approve the Consent Agenda Items. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Mohrig was absent from the meeting. REPORTS AND PRESENTATIONS 1. Oath of Office Recognizing New Fire Department Employees: Dakota Pruitt, Travis Long, and Robert Sells. (Mayor Joe Lockwood) 2. Proclamation Recognizing Milton High School Girls' Lacrosse Team 2019 State Championship. (Councilmember Matt Kunz) FIRST PRESENTATION 1. Consideration of an Ordinance to Add Division 4 (Electronic Records) to Chapter 2 — Administration, Article VII — Public Records. (Agenda Item No. 19-134) (Bernadette Harvill, Finance Director) Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 19-134. Councilmember Bentley seconded the motion. The motion passed (6-0). Councilmember Mohrig was absent from the meeting. Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 4 of 9 PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION Consideration of the Issuance of an Alcohol Beverage License to Posh Spa LLC., d/b/a Posh Nails and Spa, 12990 Highway 9, Suite 112, Milton, Ga. 30004. (Agenda Item No. 19-135) (Bernadette Harvill, Finance Director) Bernadette Harvill, Finance Director We have a petition before you for an incidental license. That is when an establishment that does not sell food, cannot charge for alcohol and can only limit this to wine or beer and the consumption cannot exceed 16 ounces of wine and 24 ounces of beer. It is basically stating that they can give a glass or two of beverage while they are having services performed. Mayor Lockwood Any questions? Okay, I'll open up for a motion. Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 19-135. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Mohrig was absent from the meeting. ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration to Correct the Minutes of the December 16, 2013 Regular Meeting of the City Council and to Correct the Ordinance Approved by the City Council with Respect to Rezoning and Variance Application RZ13-16NC13-06 Submitted by Arrowhead Real Estate Partners in Order to Accurately Reflect the Discussion, Actions and Decisions of the City Council at the Meeting. RESOLUTION NO. 19-06-509 (Agenda Item No. 19-136) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney Mr. Mayor and Council, this is a proposed resolution to correct some minutes and the related ordinance with respect to a zoning action that the council took back in 2013. 1 Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 5 of 9 It was a rezoning. I think there may have been a variance as well from AG -1 to NUP for a 27 -lot subdivision on 9 acres at Bethany Bend and Cogburn Road. So, how this works is this. When I was made aware by staff that there appears to be a discrepancy between what the minutes reflected and candidly, the ordinance as well, because they play off of one another. If one has a problem, then it is very likely they both will. When we became aware that there was a discrepancy. I know that my office and associated staff, the City Manager and Parag, we all went to the video and looked as hard at the video as we can. Because obviously, the objective of the minutes is to reflect exactly what happens in this chamber and on reviewing those minutes and the video and looking at it as hard as we can, it was my opinion that the actual minutes and consequently therefore, the ordinance itself. When I say the ordinance, I'm talking about basically the zoning enactment because we do that in the form of an ordinance. They didn't exactly match what the council had approved. I will also tell you that sometimes that can be a touch challenging in the middle of a full bodied discussion and there is a motion being made and someone makes a friendly amendment and someone in the context of restating the motion. A lot of times, most of the times we get that spot-on right. Occasionally, it is a little more challenging and this is one of those situations where I felt like some clarification was in order. So, let me tell you what we are not doing this evening. What we are not doing this evening is another zoning. This isn't a zoning that is covered by the zoning procedures law. This is not anything of that kind whatsoever. All this is, is us formally correcting the actual action the council took in 2013. That is all we are doing. Now, the minutes are a big deal to me. The minutes are considered by Georgia law to be the official pronouncement of the local government acts of the State of Georgia, so we can't just indiscriminately, "let me go tell Sudie", "why don't you just write on there..." It doesn't work that way. If we are going to correct something as important as minutes, we have to do it by way of transparency. I've got to tell you exactly what we are doing and why and in fact, the end result of this is not actually going to be us writing this in or a new set of minutes from 2013. What your resolution says is your going to resolve to fix what was left off and then you are going to authorize the placement of an asterisk on the 2013 minutes cross referencing to this resolution so if someone goes and digs through those 2013 minutes, they are going to read exactly the minutes that exist today but then there will be an asterisk that says, hey there is a little more to the story and if you want to find out what the more to the story is, then cross reference to action taken on June 17, 2019 and that will fill in the blanks. So, all we are doing today that is different... there were basically two changes that we wanted to make manifest. One, was we wanted to ensure in section 3(e) of the ordinance when the council made its decision with respect to that zoning. It says a minimum heated floor area per units of 2800 square feet ... this was left off. Minimum average would be 3,000 square feet so we are putting that back in. That needs to be put back in. And then under 3(1) it says after the word City Architect, we are going to add the verbiage "with a minimum of 7 homes to have front brick elevations" and 360 -degree architecture. Again, those may seem sort of pedestrian and not terribly complicated. In fact, you may recall, in an email, where the city manager said "look, in working with the applicant, we have been able to figure out that don't even need this as far as the utilitarian need for the development but once we all became aware that the minutes didn't speak exactly what we felt like the 2013 city council attended. I still think it's a better idea to fix this and so that is why I continue to recommend you adopt this resolution. It will tweak those two areas of the ordinance that was adopted. It will reinsert the verbatim minutes where the Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 6 of 9 discussion of the council is made a part, so everybody can get it into context and it will further tweak the ordinance which is the actual formal manifestation of the city zoning authorization. Mr. Mayor, there is a lot going on there but really there is not. It is just some very modest tweaks to make sure the minutes speak the truth which is what we are all about. Mr. Mayor? Mayor Joe Lockwood I just have a question about a point of order. Obviously, 2014 some councilmembers here were not on the board then as others, so, obviously, it's okay for them to approve this change? Ken Jarrard It's a fair point. Obviously because, we obviously can't assemble the 2013 council. This council is the council of the city of Milton and has every right to adopt this resolution. Mayor Joe Lockwood Are there questions for Ken or Parag? Matt. Councilmember Matt Kunz Obviously, that development has been non-developed for a long time. But as we go through this, working with the developer, they are very aware of the intention in the spirit of the ordinance of which we intended in 2013 ... Just clarifying it and make sure they are aware of that as go forward so that there's no surprises for everybody. Parag Agrawal, Community Development Director So, I want to sort of answer that. So, once we discovered some of these new changes, we did work with the applicant and made sure that all the conditions of the rezoning conditions of the city council, they are part of the redrawings. Councilmember Matt Kunz Okay, we don't anticipate any of this changing ... not delaying or anything like that? Parag Agrawal No. So again, I and the city architect are already working with the applicants, so the drawings are being reviewed and those conditions are exactly the same conditions which the city council ... they are not part of the city council's motion. Councilmember Matt Kunz Gotcha. Steve Krokoff, City Manager Parag, can you talk about our plans going forward? Parag Agrawal Yes, so in light of some of these errors that we have discovered in the rezonings and the use permit applications, our office would like to be more proactive rather than wait for these issues L' Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 7 of 9 to come up. As Ken just mentioned, that 99% of the time we always capture what happened at the city council meetings but still we just want to be sure for that 1%. So, what we are planning to do, we are planning to review all previous rezonings and the use permit applications for accuracy and consistency. So, the process which we will follow is like, we will be reviewing the recordings of the previous meetings. Then, we will make sure that the motion was made at the city council meeting was captured in the meeting minutes and also in the final ordinance. Because it is the ordinance that is given to the applicant. As you know, when the properties change hands, so again, the new owner gets the ordinance from the previous owner saying these are the conditions of the city council, so we have to make sure that the city council conditions are reflected in the final ordinance that was given to the property owner. After that, we will also be looking at the drawings that were basically submitted to our office to make sure that the rezoning conditions ... All the rezoning conditions are reflected on the drawings that have been submitted. So again, by going through this process, I am totally sure that we will not be discovering too many of these errors but still since we have discovered a couple, I want to make sure we have addressed all the things that have happened in the past. After this, we are also working with the city manager's office to put together some quality control measures so that these errors do not happen in the future applications. Mayor Joe Lockwood Thank you for doing that. Any other questions on this? Ken, are we good for a motion? Ken Jarrard Mr. Mayor, we are and if it is the council's pleasure, just to approve, obviously the agenda item but the resolution within your packet. Mayor Joe Lockwood I'll open up for a motion. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 19-136. Councilmember Longoria seconded the motion. The motion passed (6-0). Councilmember Mohrig was absent from the meeting. MAYOR AND COUNCIL REPORTS Mayor Joe Lockwood We have had such a short meeting, does anybody on the council have anything they want to report on? If not, we will turn it over to Community Development. STAFF REPORTS Department Updates 1. Community Development Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 8 of 9 Parag Agrawal, Community Development Director I just want to present you some of the project updates from the department. 1. Update to the Trail Master Plan. As you know the city council approved the project contract on June Yd of this month and the project team has been very busy these past 15 days. We have put together a very good stakeholders committee. We have put together a 14 -member stakeholders committee and the first meeting of the stakeholder's committee is this Thursday on June 20th. There will be some sort of formal launch of the trail master plan. After this, we will be going in front of the Equestrian Committee in the month of July on July 17th. We will be coming in front of the city council for your feedback end of July for that meeting. After we have met the stakeholder's committee, after we have met the city council, we are planning to have 5 community meetings starting from July 30th to August 15th. So, there will be 5 community meetings. One community meeting will be the Crabapple area on August 6th. One meeting will be in the Deerfield area on August 13th and there will be at least two community meetings that will be around July 30th and August 1St. We are trying to reserve some local schools so that the meetings can happen in the communities and we will be working with our communications department to make sure these meetings are very well publicized and advertised so the community knows the locations and dates of these community meetings. 2. Georgia Smart Communities Grant. As you know, a few weeks back, the city of Milton submitted the Georgia Smart Communities Challenge Grant application. I am very happy and to inform you that Milton is one of the four communities in the state that have been awarded this Georgia Smart Communities Challenge Grant. There were a total of 28 communities that applied for this grant. We have been told we were one of the top ranked communities in the state. Our applications was to promote more walkable and pedestrian friendly downtown Crabapple. So, in the next year, we will be working very closely with the professors of GA Tech and state officials to make sure how our downtown Crabapple can become more pedestrian friendly through the use of technology. So, tomorrow, the Mayor, Assistant City Manager, Shannon and I will be going to Macon. In Macon, the state and GA Tech is doing a formal announcement of these grant awardees. 3. Disturbance Permits and Building Permit Applications. Last week, our office approved the land disturbance permit for the Crossroads project which is at the intersection of Birmingham and Birmingham Road. I'm sure you remember the crossroads project. So, the LDP was approved last week. That means, they will start to prep the site in the next ten days, so you will se some construction activity going on at that intersections. Our office last week, received building permit applications for two major projects. One is the Town Center East which is on Mayfield Road. Again, its extended by Mr. John Gaston. It is a 3 -story commercial building. A lot of work is going on and the LDP was approved. So, their timeline to complete this project is in the next 14 months. The next building permit application that we have received is for the Crabapple Market Project which is by Mr. Adam Orkin over here on this corner. They have submitted the building permit applications for all eight buildings. Again, it's a mixed-use project that will have retail on Regular Meeting of the Milton City Council Monday, June 17, 2019 at 6:00 pm Page 9 of 9 the first floor and condos on the second and third floors. So, when I presented this particular presentation of downtown Crabapple, Councilmember Kunz asked me about the timeline and I mentioned it would take around 3 to 4 years, but it seems next year, will be very important for downtown Crabapple because we are getting a number of major projects taking ground very soon. Everyone is talking about 18 months of timeline so by the end of 2020, you will see some significant improvements in this downtown Crabapple area. 4. Greenspace Bond Acquisition. On June 6tr', the city of Milton closed on the Wells property which is located in the Fields Crossroads area. Again, it's an 88 acres project and we invested $5.72M to buy this property. That's it from me. Mayor Joe Lockwood Anything else on the staff side? Council? EXECUTIVE SESSION (if needed) None. ADJOURNMENT (Agenda Item No. 19-137) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 6:46 p.m. Councilmember Jamison seconded the motion. The motion passed (6-0). Councilmember Mohrig was absent from the meeting. Date Approved: July 8, 2019 Sudie AM Gordon, City erk