HomeMy WebLinkAboutMinutes CC - 09/20/2010 - 09-20-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:OOpm
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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.
The Regular Meeting of the Mayor and Council of the City of Milton was held on
September 20, 2010 at 6:00 PM, Mayor Joe Lockwood was presiding.
INVOCATION
Mr. Roy Foster, Alpharetta First United Methodist Church.
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
City Clerk Gordon called the roll and made general announcements.
Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner
Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria
and Councilmember Tart.
0 PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Approval of Meeting Agenda (Agenda Item No. 10-1235)
City Manager Lagerbloom:
Staff recommends the following changes to the Agenda:
1. Add an executive session to discussion land acquisition.
Motion and Vote: Councilmember Tart moved to approve Agenda Item 10-1235, Approval
of Meeting Agenda as amended by staff. Councilmember Hewitt seconded the motion. The
motion passed unanimously (7-0).
PUBLIC COMMENT
Mayor Lockwood read the rules for Public Comment.
• Public comment is a time for citizens to share information with the Mayor and City
Council and to provide input and opinions on any matter that is not scheduled for its own
public hearing during today's meeting.
• There is no discussion on items on the Consent Agenda or First Presentation from the
'u' public or from Council.
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
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• Each citizen who chooses to participate in public comment must complete a comment
card and submit it to the City Clerk.
• Please remember this is not a time to engage the Mayor Pro Tem or members of the City
Council in conversation.
• When your name is called please step forward and speak into the microphone stating your
name and address for the record.
• You will have five minutes for remarks.
Shelitha Robertson, 581 Edgewood Ave., Atlanta, GA:
• I am running for Fulton County Supreme Court Judge.
• I am a native to Atlanta.
• I am running because I am committed to public service and to the City of Milton.
• I have served in Fulton County as a police officer for the last 30 years.
• I went to law school and became a public defender.
• I am the only candidate with 30 years experience where I enforced the law, defended the
law, and drafted the law.
• I ask for your support in my run.
CONSENT AGENDA
City Clerk Gordon read the Consent Agenda items:
1. Approval of the August 23, 2010 Special Called Meeting Minutes.
(Agenda Item No. 10-1236)
(Sudie Gordon, City Clerk)
2. Approval of the September 8, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1237)
(Sudie Gordon, City Clerk)
3. Approval of Financial Statements for Period Ending August, 2010.
(Agenda Item No. 10-1238)
(Stacey Inglis, Finance Director)
4. Approval of an Agreement Between City of Milton and Bank of North Georgia to Initiate
Debit and Credit Entries through the Automated Clearing House Network.
(Agenda Item No. 10-1239)
(Stacey Inglis, Finance Director)
5. Approval of a Parks and Recreation Event License Agreement Between the City of
Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes at Bell
Memorial Park.
(Agenda Item No. 10-1240)
(Cyndee Bonacci, Parks and Recreation Director)
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
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6. Approval of a Revised Fee Schedule for the City of Milton Parks and Recreation
Department.
(Agenda Item No. 10-1241)
(Cyndee Bonacci, Parks and Recreation Director)
7. Approval of an Intergovernmental Agreement between the City of Milton and Forsyth
County for McGinnis Ferry Roadway Project.
(Agenda Item No. 10-1242)
(Ken Jarrard, City Attorney)
8. Approval of a Task Order with Street Smarts, Inc. for the Design of Intersection
Improvements for Arnold Mill Road at New Providence Road in the Amount of
$149,995.25.
(Agenda Item No. 10-1243)
(Carter Lucas, Public Works Director)
9. Approval of a Task Order with Street Smarts, Inc. for the Design of Intersection
Improvements for Birmingham Highway at Providence Road in the Amount of
$154,949.57.
(Agenda Item No. 10-1244)
(Carter Lucas, Public Works Director)
10. Approval of a Roundabout Support and Lighting Agreement with GDOT for the
Intersection Improvement at Birmingham Highway and Providence Road.
(Agenda Item No. 10-1245)
(Carter Lucas, Public Works Director)
Motion and Vote: Councilmember Hewitt moved to approve the Consent Agenda as presented.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS(none)
FIRST PRESENTATION (None)
PUBLIC HEARINGS
Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia,
to Adopt Amendments to the Fiscal 2010 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. 10-1230)
(First Presentation on September 8, 2010)
X"M (Stacey Inglis, Finance Director)
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
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Chris Lagerbloom:
• Expenditures did not exceed revenues on this last budget.
• On page two, we have made a change.
• We asked for revenue to be increased by $210,634 and to account for higher collections
due to prior year taxes late billing.
• Based on trending we anticipated local option sales tax be $150,000 more than we
anticipated.
• We proposed a decrease motor vehicle tax by $35,000.
• Court admin fees were decreased by $45,000.
• We anticipate a revenue increase of $335,455.
• On page four, we have a transfer out for Community Development for the maintenance
balance.
• There was a transfer out of the fire department budget into the capital funds budget to
cover our match for the assistance to the fire department grant.
• If we had been able to fund it in 2011, 1 would have brought it back to fund $16K for
computer refreshes, particularly for the police department.
• We have some police laptops that need to be replaced.
• They are somewhere between 2 and 3 years for usable life.
• We keep the laptops in cars and they deteriorate faster.
• If you do not like the way I have adjusted these departments, then we can change it.
• On page nine, that fund was decreased by $3,500 dollars.
• We are closing 2010 out in a strong position.
Councilmember Zahner Bailey:
• In regards to the laptop, does that include the software and everything to get it going?
• With the heat, is there anything besides bringing it into a cool building to help?
Chris Lagerbloom:
• Yes, that includes it all.
• If we bring them in, it would help.
• It's difficult to bring them in during a shift.
• We could potentially go to a more rugged laptop but the life span wouldn't be as long.
ZONING AGENDA
(Zoning items typed verbatim.)
City Clerk Gordon read the zoning rules and agenda items.
1. ZM10-02 — A request by JSB Triangle, Inc., located on Morris Road and Bethany
Bend, Hidden Forest Subdivision to modify 2002Z-105 and 2003ZM-067/2003VC-
0247 to modify Condition 2.a. (2003ZM-067) by deleting the November 18, 2003 site
Plan currently referenced and substituting and placing in lieu thereof the site plan
filed on June 30, 2010. To modify Condition 3.e. (2002Z-105) by reducing the
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
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minimum 50 -foot perimeter principal building setback to 35 feet where the subject
site adjoins property zoned AG -1 (Agricultural).
(Agenda Item No. 10-1196)
(Deferred on August 2, 2010)
(First Presentation on September 8, 2010)
(Lynn Tully, Community Development Director)
ORDINANCE NO. 10-09-77
Lynn Tully:
As you all can see from the map, the subject site does include 21.66 acres. It is located with
primary access off of Morris Road and an emergency access off of Bethany Bend. What you are
looking at for this particular request is the area that is north of Camp Creek and it was
conditioned to be detached single family units, not to exceed three units per acre while the other
units south of Camp Creek were attached units such as townhome units. A CZIM meeting was
held July 28, one person was in attendance which was an adjoining property owner and the
applicant has requested for lots 108 through 118 to be included in this request, however, upon
additional research the majority of those lots are zoned TR that are joining it and therefore the
request is fairly moot. Those would be for lots 114 through 118 and a portion of 113. There is a
portion that is already adjoining TR zoning and that zoning is something that has changed since
the original zoning and therefore that perimeter setback is not required on those lots. Staff does
�.•. note that lot 111 is interior and therefore it also would not apply for that setback. That leaves us
with 109, 110, 112, and 113 that are adjoining to AGI zoning. There are a variety of other
factors on those particular properties as they join the AGI properties, one being located on lot
112, lot 110 is bisected by a sanitary sewer easement over which they cannot build, and lot 109
and 110 adjoin a common area. Lot 112 has received a building permit that does comply with
the 5Oft setback and therefore staff would request that it would be eliminated from the exemption
as well. Back to the litigating factors, the earth and burn, sanitary sewer easement, the common
property adjoining lots 109 and 110, staff does recommend that the condition be approved with
the conditions on 3e of providing a minimum 35ft perimeter building setback where the subject
site adjoins property AGI except lot 112, which will remain at a 5Oft perimeter building setback.
We feel that this is justified based on those particular restraints. Condition 2a will also have to
be modified to adjust for the new site plan which was submitted on June 30, 2010.
Councilmember Zahner Bailey:
Thank you Mrs. Tully and thank you for the review. Very quickly, just for everybody's benefit
and I know everyone has seen this, but on page 8 and 9, it references the adjacent property owner
Mr. Bice, and the one concern Mr. Bice had noted to staff, and I would like if staff would
address this before we vote if possible, just noted a concern about water runoff from these
properties down to his property. One, would the reduction from 50 to 35 going to potentially
increase the flow of water? Is that a yes or no based on estimates of how that would be impacted
based on what is being built. Additionally, if the answer would be no, what might we do to
wpm mitigate that if it is already an existing problem? If we could address that issue of that particular
adjacent land owner.
Lynn Tully:
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Monday, September 20, 2010 at 6:OOpm
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Yes ma'am. Some of our staff has gone out there and our emergency easement is what Mr. Bice
feels is causing his issue. When staff went out to view it, they felt that it was really having a
negligible impact on the water flow on his properties. Changing the buffer itself is not going to
change the flow of the water, particularly onto his property. That is already accounted for in the
storm water detention that is planned.
Councilmember Zahner Bailey:
Would there be any increase in the impervious surfaces once those buildings are actually built?
Lynn Tully:
Yes, and those are accounted for in the storm water detention.
Councilmember Zahner Bailey:
So there would be some additional impervious but it has already been accounted for based on the
early site plan that was approved prior to June 30t"g
Lynn Tully:
Yes Ma'am.
Councilmember Zahner Bailey:
Okay, and Mr. Hendricks, is there anything you have done additionally like piping or is there any
other condition that we can capture that would just capture the spirit of this applicant working
with that adjacent land owner shoulder we find in another extreme sense of high rains that we
can go out and observe?
Nathan Hedricks:
I can tell you that the meeting that took place on the property was initiated by the applicant but
that concern came up. We coordinated with the staff to get whomever within the ranks in the
City of Milton that is appropriate to go out there to make them feel it is special to do it. Mr.
Mark who went out and made the inspection and determined how Lynn has said, that if there is
any negative effect, it's negligible. I do think that that applicant responded very positively in
asking for that on the field inspection to be made to see if there was an issue where remedial
work needed to be done.
Councilmember Zahner Bailey:
Just to close that thought, would there be anything from staff's perspective based on that site
visit that you think would be needed? Just to capture the concern of that citizen. Any condition
or are you satisfied with the inspection on site?
Lynn Tully:
I am satisfied with the inspection on site. I would defer to Mr. Lucas to see if there were any
other potential options for improvements that might be necessary. I don't know if he has had the
benefit of going out to the site at this point.
Carter Lucas:
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Monday, September 20, 2010 at 6:OOpm
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WAN„ I have not.
Mayor Lockwood:
If something does come up, is that something that could be addressed during the permitting
process on these new lots? The ones that are not permitted?
Lynn Tully:
Yes sir, if we find that there is an issue we could address that.
Mayor Lockwood:
Mr. Lucas, if he checks it out and there is an issue can staff handle that?
Carter Lucas:
Any of the new construction would be sent back to the current codes.
Mayor Lockwood:
Anymore questions for staff before we let the applicant speak? Okay, I would like to ask for
those that are speaking in support of this application.
Wow, Pete Hendricks, 6085 Lake Forrest Drive, Suite 200, Atlanta, GA:
Mr. Mayor and members of the Council, the condition 2a asking to be modified and amended is
to complete this site plan which brought to staff following the application. This blown up area of
what is really the subject of the request was also a part of the filing that was made. Mrs. Tully
commented at the time the original zoning was done, that the property had AGI along here.
Since the time of that original zoning, the property that runs along here and all the way up to here
has to be zoned with the same TR classification in which this property is here. That is the reason
that we needed to have the reduction along those property lines. Where we really come into play
is with lot 113 which has been accommodated in the rear because now it is next to TR having
that reduced to 35 feet and so the request is to reduce this line right along here, for you it's the
line to the left, to the same 35 feet. The primary reason for that is if you come 50ft, you are
squeezing the buildable area on that lot so that that home really needs to be sideways to the cul-
de-sac. That would result in the rear of the home facing here, if we are able to pick up the relief
with the 35ft then the home can face in front on the cul-de-sac which we feel is a much better site
arrangement than what otherwise we would be left to do. The applicant in today's economy has
had good fortune to be able to have available construction on these two lots. The footprints have
been submitted and the building plans have been submitted. As Mrs. Tully has indicated, that is
the reason that the 50ft will stay in place on lot 112 and this is 111 is an interior light so the rear
is 25ft which is required in the TR district. Then we get over to lot 110 and this is where you
have the 25ft wide sanitary sewer easement and so we really need to have the relief to create a
bigger buildable area because we have such a constraint coming over on the easterly line and at
lot 109 ends up right here. What's in the area, 3495 has the home on it with Mr. Bice, the
gentleman who spoke with councilperson Zahner Bailey. His home is 80ft off of where the 35ft
reduction would be when you get over to lot 110 bearing in mind that 112 continues to have the
+++ 50ft when you get over to 110, its 125ft and the home that is at 3475 is off of the chart, literally.
Regular Meeting of the Milton City Council
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It is not here and it comes off the area and it is removed at a great distance. That is the reason for maim
the request. Those are the factors and we think it resolves a much better developing site plan if it
was granted and it would come down to the three points along this property line, and along that
small section of that property line right there. The applicant is here. Do you have any questions?
Mayor Lockwood:
At this point, we can answer any questions....
Pete Hendricks:
In response to the concern that was raised earlier, and I just confirmed with the applicant, to the
degree that further field investigation determines that there is some remedial period stuff to be
done here that would be associated with pulling that building permit on 113. It would be part of
the parcel in the processing through that permit.
Mayor Lockwood:
Staff will follow up on that. We will open it back up to questions in a moment, but is there
anyone else that is speaking in support of this application?
City Clerk Gordon:
Just if there are questions for the applicant, there is none in opposition and no other in support.
Mayor Lockwood:
I will go ahead and close the public hearing. I have one question just to confirm, my
understanding is that the whole intent here with us changing the buffer from 50 to 35ft is not to
make these lots buildable or not or to get any bigger footprint, but basically to be able to place
the homes on the lots that is more appealing overall for the development?
Pete Hendricks:
Yes sir.
Mayor Lockwood:
So without this variance you can still build on this lot?
Pete Hendricks:
One house in particular is what I mean.
Mayor Lockwood:
I just wanted to make sure that it is clear that this is an adjustment that will help the overall look
of the neighborhood.
Councilmember Zahner Bailey:
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Monday, September 20, 2010 at 6:OOpm
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ww" One final question, Mr. Hendricks you can probably address this. Just in the proposed 35ft
buffer, that 25 with the 10 additional, can you just speak to whether or not that would remain a
natural buffer?
Pete Hendrix:
Yes, that will remain 25ft natural, undisturbed, plus 1Oft.
Councilmember Lusk:
I have a question for Lynn. Most other jurisdictions are further to the point on storm water
runoff and detention, most other jurisdictions don't preclude the permitting agency from going in
even after a permit is issued to require additional storm water detention or erosion control
facilities, is that true with our permitting process?
Lynn Tully:
That is actually a public works question, I'll direct that to Carter.
Carter Lucas:
We were just talking about that and I think that in this particular case, because we are a little bit
unusual in that we inherited a lot of these projects from Fulton County. If this was in fact
permitted in Fulton County we not necessarily have the leverage under our code to pick up that
type of condition. Looking at this particular issue, and granted I haven't had the opportunity to
go out there to see if this is the case or not, if the construction is what is called out on this site
plan as the 20ft emergency access easement during the original development was part or in
creation of whatever drainage problem this may be, a generic condition may be warranted for us
to go back and evaluate that at the time a building permit is pulled, maybe on lot 113.
Councilmember Lusk:
In the future is this something that we ought to consider in our permitting process?
Carter Lucas:
I would like to say that if we permitted them from scratch, we would have that institutional
knowledge and we would recognize some of those issues and they would be picked up in the
original permit. If we do not have access to that permit or the construction drawings and the
hydrology calculations and those types of things, then we really are kind of at a disadvantage at
looking at some of these things that were done originally in Fulton County.
Councilmember Lusk:
Thank you.
Mayor Lockwood:
Anyone else have a question? Alan?
go" Councilmember Tart:
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
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Mayor, I just have a procedural question. Why is it that we are passing an ordinance to get this
done? We have packets with an ordinance ... I'm confused.
Lynn Tully:
This is something that our planners and I have gone over. It was a little new to me too to
actually pass an ordinance, but our code says that we have to pass an ordinance in order to make
a rezoning change. It is considered an ordinance and we have included an ordinance since I have
been here with each rezoning.
Ken Jarrard:
Lynn is correct in keeping it consistent with the City of Milton and it's something I will look at
in the future. I know it is odd.
Councilmember Tart:
It might be something we look at. I know we haven't had a lot of site plan modifications or any
rezoning in the last couple of years. This is the first time that I'm aware of, and my colleagues
may have a better memory than I do, but I think this is the first time in the past three years that
we have passed an ordinance for something like this. I just want to make sure that what we have
done thus far has been legal.
Councilmember Zahner Bailey:
That would be specific just to this particular modification, correct?
Lynn Tully:
Yes ma'am.
Mayor Lockwood:
Any other questions for the applicant or staff? Julie?
Councilmember Zahner Bailey:
In light of the commentary that Mr. Lucas just provided that a generic condition might be
warranted and I realize we don't have a motion on the table so I'm going to ask this question
generically. I'm going to throw out some language and if this could either be commented on
before we get to a motion by Mr. Lucas and or by Mr. Jarrard, and I'm also looking at Mr.
Hendricks just so that we are all on the same page. Something to the effect of, if the additional
site visits are required to remedy any water runoff and/or water flow issues identified by the City
of Milton staff, a conditional approval would allow for such remedy by the applicant. And If not
that, I would like to ask for what would be a generic condition that we could apply to address the
question?
Carter Lucas:
I think that is pretty close.
Pete Hedricks:
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
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Oft" I think you have to address it to this piece of property.
Councilmember Zahner Bailey:
I meant specifically to this piece of property including both the emergency access off of Bethany
Bend as well as those parcels that are being sought for the variance and modification.
Carter Lucas:
Can I think about that for a moment? If there are other comments or questions they can go
ahead.
Mayor Lockwood:
Ken, if you want to weigh in on that with any comments you or Mr. Hendricks have on that. Is
there any other questions for staff or Mr. Hendricks?
Councilmember Longoria:
It would help me, Julie, if you put that in more plain terms. The concern is that we have a citizen
that was worried about water runoff on his property if we change the setback. The only thing
that really results there is that there is going to be additional building beyond the point that was
there before, so what are you trying to address?
glow
Mayor Lockwood:
Let me clarify, I don't think it's about changing the buffer. I think there may be an issue with the
existing property owner here that has had some runoff issues in the past and as Mr. Hendricks
said, the applicant has had staff come out and look at it. Staff has said they couldn't really find
anything or anything negligible that this property was affecting that as far as the runoff. I think
what Julie is trying to put in there, but I don't know how you do that, if this does affect runoff
through the next door property owner.
Councilmember Zahner Bailey:
The time to address that would be during a zoning modification.
Councilmember Longoria:
How do you measure that?
Councilmember Zahner Bailey:
Again, I'm levering the input of our professional staff as well as Mr. Hendrix stating that the
applicant wants to remedy the potential issue. I heard Mr. Lucas specifically say that because of
the scenario having had the permitting previously or zoning previously under Fulton County, we
are not doing a zoning mod that from a timing perspective the time to capture it generically, and
I tried to capture it generically as possible, we can enforce improvement upon that, but just so
that these parties can continue to work on it if it is indeed necessary. It is not meant to be
now anything complicated but just that staff, the applicant, would continue to monitor that as
necessary and would come up with a reasonable solution so that we are not having to wait to
have that resolved. Just have a generic attachment or generic condition that would allow for the
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
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addressing of that emergency access off of Bethany bend which may have the historical issue,
and/or with these three lots that we are looking at for variance. I just wanted to address what Mr.
Lucas concurred, which I think was the need for generic.
Councilmember Longoria:
I guess the reason for my question is if the condition existed today, what remedy is there to
address this issue right now? If there is a remedy right now, how are we changing that remedy
by passing this ordinance?
Councilmember Zahner Bailey:
We would not be changing the remedy, we would be acknowledging the remedy and that
because, at least my understanding of the zoning law, is that as soon as we have a zoning
modification it gives us the opportunity to address something that wasn't previously addressed
that we are not aware of and if we don't address that now, short of another zoning modification
the applicant wouldn't be required to address that and I think we heard from Mr. Hendricks a
willingness to address it. Again, if Mr. Lucas, Ken, or Mr. Hendricks....
Pete Hendricks:
I might make it a little more simple and if you put a condition in there where at the time of the
application for an issuance of a building permit for lot 113 that the applicant shall submit full
hydrology surface water runoff evaluation prior to the issuance of the building permit. That way
we can see if we have a problem.
Councilmember Zahner Bailey:
Mr. Hendrix, do you think that would also apply to the emergency access off of Bethany Bend,
You intend to incorporate that as well, correct? I just want to make sure that language is...
Mayor Lockwood:
I think that's where the issue is.
Councilmember Zahner Bailey:
Thank you. Does that tend to cover it generically? So the time at pulling the permit for lot 113,
the applicant would pull a full hydrology taking into account the emergency access off of
Bethany Bend and any potential impact to 113 working with city staff and the applicant.
Something like that.
Mayor Lockwood:
Is there any other questions? If we don't have any other questions, I'll open up for a motion and
a second.
Motion and Vote: Councilmember Zahner Bailey made a motion to approve Agenda Item 10-
1196, ZM10-02. With the following additions:
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:OOpm
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2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the City of Milton Community
Development Department on June 30, 2010. Said site plan is conceptual only
and must meet or exceed the requirements of the ongoing Resolution and
these conditions prior to the approval of a Land Disturbance Permit. Unless
otherwise noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
3. To the owner's agreement to the following site development considerations:
e. To provide a minimum 35 -foot perimeter principal building setback where the
subject site adjoins property zoned AG -1 (Agricultural) except lot 112 which
will remain at a 50 -foot perimeter principal building setback (2002Z-105).
Second: Councilmember Tart seconded the motion.
Friendly Amendment: Councilmember Thurman made a friendly amendment stating that the
hydrology study should be at the discretion of public works to decide if it is needed or not.
Removal of Motion and Second: Councilmember Zahner Bailey removed her motion for
agenda item 10-1196. Councilmember Tart removed his second from the motion for Agenda
item 10-1196.
Second Motion: Councilmember Zahner Bailey made a motion to approve Agenda Item 10-
1196, ZM10-02 with the following additions:
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the City of Milton Community
Development Department on June 30, 2010. Said site plan is conceptual only
and must meet or exceed the requirements of the ongoing Resolution and
these conditions prior to the approval of a Land Disturbance Permit. Unless
otherwise noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
3. To the owner's agreement to the following site development considerations:
e. To provide a minimum 35 -foot perimeter principal building setback where the
subject site adjoins property zoned AG -1 (Agricultural) except lot 112 which
will remain at a 50 -foot perimeter principal building setback (2002Z-105).
0
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:OOpm
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k. Prior to the approval of a building permit of Lot 113 the Public Works
Department shall evaluate the need for a hydrology study to address any
potential water runoff from Bethany Bend, the emergency access road or
from lot 113 and construct any remedies required by such study.
Second: Councilmember Tart seconded the restated motion.
Vote: The motion passed unanimously (7-0).
2. RZ10-04 — Approval to Amend the City of Milton Zoning Ordinance to Create a
Required Distance for Convenience Stores and Service Stations from Residential
Uses/Zoning Districts within the Northwest Fulton Overlay and State Route 9
Overlay Districts (Chapter 64 Division 5 and Chapter 64 Division 6).
(Agenda Item No. 10-1212)
(Administratively Deferred on August 16, 2010)
(First Presentation on September 8, 2010)
(Work Session on September 13, 2010)
(Lynn Tully, Community Development Director)
Lynn Tully:
This item has been through the planning commission as well and I believe that you all have
received a presentation at the work session last week regarding this item. I know there were
some questions and this item does provide the additional requirement of a 100ft separation,
property line to property line between properties that are used for convenience stores or anything
that is zoned or used for residential uses and any AGI zoning. We could have put this in a
couple of different places and we could have made this an overall zoning change or we could
have changed the overlay district requirements staff did elect to propose the change within the
Northwest overlay district and the highway 9 overlay district. So that should cover all of
Milton. Just to let you know, on sites that are four acres or less currently, there is a 50ft wide
undisturbed buffer that is required with a 10ft improvements setback for any commercial
properties that are located adjacent to AGI zoning districts. That does limit those sites which are
currently commercial for commercial uses and that it reduced the buildable area. I will go
through the maps quickly with you. The first map that you have showing the entirety of Milton
does illustrate all of the potential properties that are currently zoned Cl that do not have
conditions that limit them from convenient stores. As you can see, they are fairly sporadic
around the city and there is a small concentration of those around the highway 9 corridor. The
second map that you have shows those parcels that are remaining once you apply this 100ft
setback from AGI properties as well as anything zoned residentially. As you can see, those limit
the allowable commercial uses just off highway 9 near Windward Parkway and a small area off
of highway 9 south almost to Hopewell Road. The next map includes a purple area which
identifies what you had asked about what potential agricultural properties are in the vicinity of
Highway 9 that might be rezoned or rezonable for convenience stores? And those areas shown in
purple are zoned AGI, some of them are currently being used for residential uses. If you were to
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:OOpm
Page 15 of 26
break those down to properties that were AGI and adjoining residential uses that would
eliminate the majority of those parcels that are shown North of Bethany bend on highway 9.
Also, you would eliminate a good portion of those shown on Hopewell road and therefore you
leave a few on highway 9 potentially a couple off of the south side of Webb Road and I believe
all of those on Bethany Bend are adjoining residential so those are all eliminated. Again, you are
left with some possible parcels along highway 9, some south of Webb Road. I would also say
that the future land use map shows those parcels south of Webb Road as appropriate for office
and institutional and they wouldn't necessarily be something recommended by staff or
commercial zoning. Those parcels on highway 9 that would be left again there is really may be
one or two that are potentially available for commercial zoning with the 100ft separation
requirement one of those being a parcel which connects highway 9 to the new high school site.
In addition, one of the other items that you all asked for was an analysis of those other properties
that were commercially zoned throughout the city that would typically allow for convenience
stores in looking at each of those parcels there is a single 8 '/2 by 11 map for each of those in
your packet. It appears that between three and five if they really push a site very hard for
development and it could potentially be developed, three and possibly two others that are very
iffy.
Councilmember Tart:
Which are those?
Lynn Tully:
The first one would be a parcel off of Hopewell Road and Birmingham Road. On that map there
are two possible sites shown and it would be the lower southern most site. I'm sorry I don't have
mine in the same order as yours. It would be the most southern site. After you apply the buffers
that are required, again for the sites that are less than four acres, you would be left with a little
over an acre of buildable area. Again, this doesn't apply any landscape buffers or anything of
that nature but a little over an acre may be potential for a commercial gas station site. The other
is a site which is zoned unconditionally Cl at Birmingham crossroads at Birmingham Highway
and Birmingham Road. It has a little less than an acre. 0.92 once you apply the buffers that are
required. That is a potential although it does fall within the Birmingham Crossroad plan there
would be other aesthetic considerations for them to consider when they look at developing that
site. The final one is a very long and narrow side along Arnold Mill Road. The southernmost
site includes a 1.36 acres approximately once you apply the buffers. Again, it is a very long
narrow site that would take an unusual configuration but it is possible. Those are the three that I
feel have the most potential if any.
Mayor Lockwood:
Before I open up questions to staff, I want to clarify something with the City Attorney. The
previous application of the convenience store that we had if this new ordinance had passed
would not affect that, is that correct?
Ken Jarrard:
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 16 of 26
It is my opinion that it would not impact it as I believe the applicant would continue to travel
under the ordinance as it existed at the time that it filed the application.
Mayor Lockwood:
I will now open up questions for staff.
Chris Lagerbloom:
Mr. Mayor, we do have some public comments. Can we do those first?
Mayor Lockwood:
Let's start with those in support.
City Clerk Gordon:
Ms. Heidi Sowder was in attendance tonight but had to leave for a 7pm commitment and asked
for the following to be read into the record:
Heidi Sowder, 525 Sunflower et., Milton, GA:
I am unable to attend this evening's meeting and appreciate my comments being read
aloud, for the record, during the proceedings.
I have been a resident of the Highway 9 overlay area for over 11 years. Needless to say, I
have witnessed MUCH, growth. My family and I have benefited from the conveniences
that have come with this growth. We leave our car at home more and travel on foot, or
by bike to nearby stores and eateries. Tonight's item regarding 100ft buffer for gas
stations makes good planning sense for our city.
Milton currently has four gas stations within its borders. All are located in commercial
areas and not adjacent to residential. Additionally, there are 5 gas stations just outside of
Milton's borders along Arnold Mill and Highway 9. So, this "industry" is well
represented here in our corner of Northwest Fulton.
I have always been a proponent of responsible development here in Milton. It is
important that Milton's business thrive and its residents are safe. When it comes to the
matter at hand, I hope that Mayor and Council consider that %2 of Milton's residents live
along Highway 9 about hundreds of residential properties. I hope that council will
protect residents from the dangers of hazardous materials (explosions- Nashville March
2010 and possible pollution and run-off) as other municipalities have chosen to do.
A vote to adopt this buffer amendment will not eliminate the opportunity for gas stations
and convenience stores to locate here in Milton. It merely places them in commercial
locations that are not adjacent to citizen's homes. Therefore, I support the following
recommendations by Staff and the Planning commission, and urge Council to adopt it in
its entirety:
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 17 of 26
All properties developed with service stations or convenience stores must be
located at a minimum of 100ft from any AG -1 (agricultural) district,
residential district, or any zoning district developed with a residential use.
Measurement shall be from property line to property line.
Thank you,
Heidi Sowder
Phil Joseph, 13800 Oakmeade Trace, Milton, GA:
Good evening. I was noticing in the packet of tonight's meeting on page 148 it shows the areas
marked in red are areas that are identified as parcels currently zoned for convenience stores in
the City of Milton and on the corner of Bethany Bend and Highway 9, there are two parcels that
are identified in red. One is where the CVS store is right now. I live adjacent to that property
and my question is, I thought there was a condition on that property that couldn't have a gas
station? I would like to get clarification that. The one across from that diagonally is the one the
Mayor mentioned earlier about having applied, that is also marked in red and I believe that is
also not zoned commercially today. I wanted to ask the council if I were mistaken or if those are
really zoned and can have gas stations because one of those is right next door to me and one is
..•. right across the street as I think you probably know.
``m Mayor Lockwood:
Mr. Joseph, as far as responding we can have staff possibly talk to you after the meeting or
sometime during this discussion but in public comment we cannot have discussion. I would be
happy to log in your question and have staff answer and meet with you after the meeting.
Phil Joseph:
Just for the record, I support the motion very strongly.
City Clerk Gordon:
That is our final comment in support. We have one in opposition that I can read into the record
from Mr. Eric Liu.
Eric liu, Milton, GA:
We have owned this property on the corner of highway 9 and Bethany for 15 years and
just last year paid almost $70,000 in property taxes on this property to Fulton County and
the City of Milton. Prior to the construction of CVS on the property, for several years it
was zoned for a convenience store. Up until now, there has never been any interest
shown in the site for a convenience store. However, in this down market, I currently
have a prospective tenant inquiring as to a possible convenience store on that corner.
If the City of Milton passes the 100ft restriction between commercial and residential that
it is now considering, that will severely limit the uses for this property and will
�r•r effectively prevent a convenience store on this corner. Please be aware that this is one of
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 18 of 26
the busiest street corners in the city of Milton, and up until a few years ago, it was zoned ■w"
for exactly that- a convenience store. I am certain the city of Milton wants the highest
and best use for all the properties in its domain. I am respectfully asking that the City of
Milton not pass the 100ft restriction and allow the highest and best use for this very busy
corner in the City of Milton.
Respectfully,
Eric Liu
Mayor Lockwood:
Is that all of the public comments? We will go ahead and close the public hearing. I will open up
for discussion from council or anymore questions for staff?
Councilmember Tart:
Thank you Mayor. Mrs. Tully, could you speak about the CVS? I'm very confused by all of this.
I've read the zoning action that was done by Fulton County multiple times hearing the last case
that we had on the opposite corner and it clearly has use restrictions on that property to prohibit
service stations and gas stations. What are we talking about here? Are we allowed to do a
convenience store there?
Lynn Tully:
In the zoning ordinance, as was in the Fulton County zoning ordinances, there are two different
definitions as to what we would consider either a convenience store or service station. A
convenience store is exactly what you would think of. It is the convenience area selling
groceries, gas, etc. The services station would also include automotive uses, automotive repair
and things of that nature. A service station is not exactly the same as convenience store. In fact,
the conditions for Mr. Liu's property, staff has looked those up and it specifically calls out
service stations, it does not call out convenience stores although both definitions were in the
ordinance at the time. Based on that, the interpretation would be that service stations would not
necessarily be allowed, but convenience stores would.
Councilmember Tart:
So it could be a convenience store without gas.
Lynn Tully:
Typically it is in association with gas so the gas would still be allowed.
Councilmember Thurman:
But it doesn't allow automotive repairs?
Lynn Tully: Ow"
Correct. You cannot have automotive repairs.
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 19 of 26
*am Chris Lagerbloom:
Anything more than pumping gas or changing wiper blades is not a convenience store.
Councilmember Longoria:
To Alan's point, rather than be subjective about this, is there an objective set of criteria that
defines service station versus convenience store? I know many service stations that seem to be
convenience stores as well. I think the line is pretty fuzzy.
Chris Lagerbloom:
Let me read the definitions of both. A convenience store is 1. Means a use offering in a limited
variety of groceries, household goods, and personal care items always in association with
dispensing of motor fuels as an accessory use. It does not include vehicle maintenance or repair.
A service station is a use which provides for the sale of motor vehicle fuels and automotive
accessories in which may provide minor repairs and maintenance services. A service station
shall also be limited to excluding no more than one attached or detached bay for washing cars.
So the real turning point is the maintenance of vehicles.
Councilmember Hewitt:
To further clarify or confuse it, what I think of as a convenience store is a place without gasoline.
Is there a definition for that?
w•.
Lynn Tully:
That would just fall under retail.
Councilmember Zahner Bailey:
Just to clarify, can you go back on the language, and again were not talking about the case that is
before us, but referring to the comment that was read into the record by Mr. Liu, the prohibited
language under Fulton County?
Lynn Tully:
Under petition 96Z-090 it is 1 a. To restrict the use of the subject property as follows:
Retail, service, commercial, and/or office and accessory uses including all exterior food
and beverage service areas at a maximum density of 5,644 gross square feet per acre
zoned or a total of 25,400 square feet, whatever is less but excluding fast food
restaurants, service stations, commercial amusements, billboards, adult book stores, adult
entertainment theaters, automotive repair shops, billiard pool halls, cellular towers, check
cashing businesses, freestanding liquor stores, gun clubs, lingerie entertainment shops,
massage parlors, night clubs, nude dance clubs, and pawn shops.
And what I was just handed was the 06 version which simply changes the gross square feet per
acre zoning but does not change the overall restrictions to the uses.
Councilmember Zahner Bailey:
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 20 of 26
Do you know how much land on that parcel after the CVS is build. Again, the reason for the
question being based on buffer standards, would the definition of convenience stores as you just
read it even be possible with the existing buffers?
Lynn Tully:
I don't think I have that in front of me at the moment.
Councilmember Zahner Bailey:
So, based on that discussion right now, the very nature of the size of the parcel that is remaining
may not be able to afford a "convenience store" even as currently positioned with buffers. I just
want to make sure we don't have a dialogue tonight that is based on what was read into the
record that may or may not allow for a convenience store anyway. Mr. Jarrard, have you looked
at those definitions? Is there any other reference within Fulton County coding or ours that
combines it?
Ken Jarrard:
I am looking at them right now. The only thing that stood out to me with Lynn's description was
it is odd to me that a service station is identified and automotive repair was identified. It seems
redundant that they both address the same subject matter.
Councilmember Tart:
It's odd to me as well just having been familiar packet and the traffic analysis that was done on
that particular parcel was very clear about the concern that Fulton County traffic engineers had
with that particular corner and then to have these prohibited uses but then not include a
convenience store that may or may not include gas is confusing to me. Pretty much anything
else that would have to do with traffic...
Mayor Lockwood:
If I may just break in here as a point of order, it sounds like we're moving on to a discussion
where no one has requested anything. Are we moving off the path of this actual item to a parcel
that may or may not?
Ken Jarrard:
It is related, but I agree. Before us tonight is not what the uses may or may not be on that piece
of property. I see that we have a bigger issue tonight which is a policy that impacts the entire
City, so I will agree with that.
Mayor Lockwood:
Again, I respect all o the discussion, but we need to stay on topic.
Councilmember Tart:
I think the discussion is the map that we have before us makes the claim that these parcels in red
can in fact be developed for gas stations and so the discussion is very important to me in that
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 21 of 26
r." before I make a rendering decision on a map, I want to make sure that map is correct. I think it is
appropriate discussion.
Councilmember Thurman:
The map does not take into account the parcels in which it is prohibited based on the Deerfield
overlay and it shows that all in red and those are prohibited. A lot of these red parcels go away.
Councilmember Longoria:
It uses the term convenience store when the reality is that it's convenient now that we understand
convenience stores come with and without gas. I think this is convenience stores with gas and
service stations.
Councilmember Zahner Bailey:
This says always in association with the dispensing of motor fuel.
Mayor Lockwood:
Anymore questions for staff? If not, do we have a motion and a second on this?
Councilmember Longoria:
Aside from questions, I think we have some statements. From my point of view, we have heard
quite a bit of citizens come before us in the past 9 months to give opinions on this. I think the
spirit and idea behind this change is to address some of the concerns that our citizens have. I
`" think it is fairly logical. Right now we don't have anything in our ordinances that contemplate
how we limit proximity other than buffers and setbacks that are included as part of the zoning
definitions as well and I believe that based on a couple of issues that we have heard in the recent
past that are insufficient and they didn't do a very good job at giving us guidance, in fact if
anything a lack of those of the lack of that language put us in a tough spot where we couldn't
make decisions that needed to be made. I believe this kind of thing is something were being
asked to clarify by the citizens and we have a responsibility to do that and that is why I believe
that this would be a good change to our existing ordinances.
Councilmember Tart:
I would also agree with councilmember Longoria's comments. I do think that there is a need for
this. I also appreciate staff's analysis because of a concern that was raised at our last meeting. I
think it was a work session and I think it was also reported in the paper that we in affect prohibit
these types of businesses being built in the city of Milton. I think staff's analysis proves that
there are opportunities even if we do pass this ordinance to have convenient stores and gas
stations all across Milton off of Arnold Mill. There are a few other places that Staff has
identified including highway 9. I think there are opportunities there and I think that passing this
ordinance...
Councilmember Thurman:
These are all parcels that would not be allowed.
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:OOpm
Page 22 of 26
Councilmember Zahner Bailey: WAN+
There are at least 3-5 of these that would be allowed to be built out as a convenience store.
Councilmember Tart:
To be clear, she said there is one off of Arnold Mill Road, the one that has remaining acreage of
1.36. there is one on the corner of Birmingham Rd. and Birmingham Highway with 1.92 acreage
and there is one that could possibly be built out off of Hopewell on the corner of Birmingham.
There are three in the Northwest Fulton overlay as well as the ones on highway 9. I believe we
should move forward with this and I believe it is important.
Motion and Second: Councilmember Tart moved to approve Agenda Item number 10-1212,
RZ10-04. Councilmember Longoria seconded the motion.
Call: Councilmember Tart called the question.
Vote: The motion to approve agenda Item No. 10-1212, RZ10-04 Failed 4 — 3 with
Councilmembers Tart, Zahner Bailey and Longoria in support.
Motion and Vote: Councilmember Thurman moved to Defer Agenda Item 10-1212, RZ 10-04 to
the November 15th Council meeting to give staff time to look at alternatives. Councilmember
Tart seconded the motion. The motion to defer Agenda Item No. 10-1212, RZ 10-04 was denied
4 — 3, with Councilmembers Tart, Zahner Bailey and Thurman in support.
Motion and Vote: Councilmember Zahner Bailey moved to Defer Agenda Item 10-1212, RZ
10-04 to the November 8, 2010 Work Session and returning to Council on the December 20,
2010 Zoning Agenda. Councilmember Tart seconded the motion. The motion was denied 5 — 2,
with Councilmembers Tart and Zahner Bailey in support.
Motion and Vote: Councilmember Hewitt moved to deny Agenda Item 10-1212, RZ 10-04.
Councilmember Lusk seconded the motion. The motion passed 6 — 1 with Councilmember Tart
in opposition.
UNFINISHED BUSINESS
1. Approval of An Ordinance to Amend the Code of Ordinances of the City of Milton,
to Establish the Code of Ethics for the City of Milton; to Further and Incorporate the
Policies and Laws of the State of Georgia Relating to Ethical Standards; to Create the
Board of Ethics and Provide for Board Membership, Duties, and Responsibilities; to
Provide for the Disposition of Ethics Complaints; to Ensure Compliance with Ethical
Standards; to Repeal Conflicting Provisions; to Provide for Severability; to Provide
for an Effective Date; and for Other Purposes.
(Agenda Item No. 10-1221)
(First Presentation on September 8, 2010)
(Ken Jarrard, City Attorney) ,,
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 23 of 26
Now ORDINANCE NO. 10-09-76
Ken Jarrard:
•
You have in front of you potential modifications to the Code of Ethics.
•
We have gone over this several times at work sessions and regular meetings.
•
I would like to give a broad presentation.
•
The purpose for this modification is to effectively reconstitute who hears ethics
complaints in Milton.
•
There are plenty of reasons why none of which implicate the fact that the current board
has not done a good job.
•
In fact, the council has said nothing but the nicest things about the members that have
served.
•
It is a thankless job and a difficult one.
•
This is an attempt to take an idea that works and make it better.
•
We are trying to make sure the process is as free from any appearance of impartiality as
possible.
•
It is no reflection on the current membership of the board.
•
We just want to make this as transparent and as open of a process as possible.
•
I will be happy to go through the last couple of modifications that have been plugged into
this draft.
•
The City Clerk, City Manager and I will attempt to line up the attorneys that will be part
of the panel.
•
We want a 15 member panel of attorneys to call upon if needed to serve.
•
It is the hope that we never do have to assemble this group.
•
We have added modifications to allow the City Manager to act instead of the City Clerk
if it is necessary in case of conflict.
•
The City Clerk will be the individual that looks at the complaint that comes in the door.
•
There are basically seven items that an applicant has to comply with that are identified in
sections 1 b and c.
•
The City Clerk will make a threshold determination if the complaint meets the
requirements.
•
On page 16 section 4 it states you have one ethics complaint, we will take our attorneys
and select three in an open process.
•
The attorneys that can be selected have to be in good standing with the Georgia Bar.
•
Section 4A4 continues to be an issue about the length of time they have to be separated
from the link to the City of Milton.
•
Section 4A5, no member of immediate family can have no business or contraction
relationship.
•
We want no bias or conflict.
•
Page 17 references drawing the names and it will be witnessed and the clerk will draw
names.
0
Section F states one attorney should serve at one time on any given panel.
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 24 of 26
• Per Diem is what we will pay the attorneys and they will be consistent and chosen by
council.
• Section 6 states with good cause you can remove someone from the panel.
• The wrongful use of the ordinance is not permitted.
• If this happens, on page 24 you can see our penalties if someone wrongfully uses our
ethics panel.
Councilmember Tart:
• Mr. Jarrard, would it be ethical in terms for a previous attorney of the City to take a
position in opposition to one of us?
• I don't want us to legislate us to be unethical.
• I would encourage us as we go forward with this ordinance to modify the proposed
ordinance to include language about personal relations with an employee of the City.
Ken Jarrard:
• I would be uncomfortable sitting on panel listening to any former clients.
Councilmember Lusk:
• In section 4.c, is 15 the necessary number of attorneys to put this ordinance into effect?
• What if we can't get 14 or 15?
• Does it become inactive if it goes below 15?
Ken Jarrard:
• It's going to put a burden on our City Clerk to find the initial panel.
• It is my hope that fellow members of the Bar will be willing to participate.
Councilmember Thurman:
• I think 15 is too many. I think it needs to be between 9 and 15.
Ken Jarrard:
• I like the idea of 9 to 15 members.
• If we were in mid -hearing and someone left, I would have to work with the members left.
Councilmember Zahner Bailey:
• Do you recommend us changing the language to disqualify members that have
relationships with members of the City?
Ken Jarrard:
• I agree that we need to make it clear that we don't have any conflict of interest.
Motion and Vote: Councilmember Tart made a motion to approve Agenda Item No. 10-1221
with the following changes:
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 25 of 26
1. Section 4.c should read the City Clerk shall maintain a list of not less
than 9 and no more than 15 qualified individuals from which to draw
individuals for the Ethics panel;
2. Section 4.d.4 should read not an employee or city official or have not
been an employee or city official ever;
3. And are not the spouse, child, parent, or sibling of an employee or city
official.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). '
2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia,
to Adopt Amendments to the Fiscal 2010 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. 10-1230)
(First Presentation on September 8, 2010)
(Public Hearing on September 20, 2010)
(Stacey Inglis, Finance Director)
ORDINANCE NO. 10-09-75
Motion and Vote: Councilmember Lusk made a motion to approve Agenda Item No. 10-1230.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
NEW BUSINESS (None)
COUNCIL REPORTS (None)
STAFF REPORTS
Chris Lagerbloom:
• There was an email sent out about a special called work session and we will hold that
immediately before the meeting on November 1St at 5:30pm.
• We will have a more thorough update at the next meeting about our solid waste haulers.
EXECUTIVE SESSION
The purpose of the Executive Session is to discuss land acquisition.
Motion and Vote: Councilmember Hewitt moved to adjourn into Executive Session to
discuss land acquisition at 8:44 p.m. Councilmember Lusk seconded the motion. The motion passed
unanimously (7-0).
RECONVENE
Regular Meeting of the Milton City Council
Monday, September 20, 2010 at 6:00pm
Page 26 of 26
Motion and Vote: Councilmember Lusk moved to reconvene to the Regular Meeting at 8:59
p.m. Councilmember Tart seconded the motion. The motion passed unanimously 7-0.
ADJOURNMENT
(Agenda Item No. 10-1246)
Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 9:01 p.m.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
Date Approved: October 4, 2010
Sudie AM Gordon, City Clerk Joe Loc ' oo ayor
STATE OF GEORGIA )
AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) OPEN MEETINGS
Now Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia
to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council
meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his
knowledge and belief the following:
At its Regularly Scheduled Council Meeting held on September 20, 2010, 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]
() Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary
action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A.
§ 50-14-3(6)];
() Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims,
administrative proceedings or settlements [O.C.G.A. § 50-14-2];
(X) Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)];
( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law
aim" [O.C.G.A. § 50-14-3(1)];
a r ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-2];
( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A.
§ 50-14-1(a)(2)];
( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside
the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final
action is taken [O.C.G.A. § 50-14-1(a)(2)];
( ) Other. [Explanation and citation to statutory authority required]:
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.
SWORN TO AND SUBSCRIBED before
this 20th day of September, 2010. S it M
MAYOR J L CKWOOD
Notary Public ,t
My Commission Expires:a
/ -
24,41
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