HomeMy WebLinkAboutMinutes CC - 05/17/2010 - 05-17-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page I of 21
bwo 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 recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on May 17, 2010 at 6:00 PM,
Mayor Joe Lockwood presiding.
INVOCATION
Dr. Don Martin, Alpharetta First United Methodist Church
CALL TO ORDER
Mayor Lockwood called the meeting to order.
ROLL CALL
Interim City Clerk Gordon called the roll and made general announcements.
Council Members Present: Councilmember Julie Zahner Bailey, Councilmember Burt Hewitt, Councilmember
Joe Longoria, Councilmember Alan Tart.
No-" Councilmember Karen Thurman and Councilmember Bill Lusk were absent/excused.
•• PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Approval of Meeting Agenda (Agenda Item No. 10-1135)
1. Approval of the April 26, 2010 Special Called Meeting Minutes.
(Agenda Item No. 10-1136)
(Sudie Gordon, Interim City Clerk)
2. Approval of the April 26, 2010 Regular Meeting Minutes.
(Agenda Item No. 10-1137)
(Sudie Gordon, Interim City Clerk)
3. Approval of Financial Statements for the period ending April 2010.
(.Agenda Item No. 10-1138)
(Stacey Inglis, Finance Director)
Motion and Vote: Councilmember Tart moved to approve Agenda Item 10-1135, Approval of
Meeting Agenda and items recommended by staff. Councilmember Hewitt seconded the motion.
The motion passed unanimously (5-0). (Councilmembers Thurman and Lusk were absent for the
vote.)
vow
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.
L
Regular Meeting of the Milton City Council
Monday, May 17, 2010
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• To provide input and opinions for any matter that is not scheduled for its own Public Hearing for today's
WWWO meeting.
• There is no discussion on items on the Consent Agenda or First Presentation or from Council.
• Each citizen who chooses to participate in Public Comment must complete a comment card and submit it
to the City Clerk.
• This is not a time to engage the Mayor or Council in discussion.
• When your name is called please come forward and speak into the microphone stating your name and
address for the record.
• You will have five minutes for remarks.
There was no public comment.
CONSENT AGENDA
Interim City Clerk Gordon read the Consent Agenda items:
1. Approval of the April 26, 2010 Special Called Meeting Minutes.
(Agenda Item No. 10-1136)
(Sudie Gordon, Interim City Clerk)
2. Approval of the April 26, 2010 Regular Meeting Minutes.
(Agenda Item No. 10-1137)
(Sudie Gordon, Interim City Clerk)
3. Approval of Financial Statements for the period ending April 2010.
• (Agenda Item No. 10-1138)
(Stacey Inglis, Finance Director)
Added by Motion and Vote:
The Approval of a Letter of Engagement for Legal Services with Brisk, Cross, and Sanford, LLC.
The deferral until June 21, 2010 for the Approval for the removal of Billy Lovelace Hauling from the
list of Approved Waste Haulers due to noncompliance.
Motion and Vote: Councilmember Hewitt moved to approve the Consent Agenda as presented.
Councilmember Longoria seconded the motion. The motion passed unanimously (5-0).
Councilmembers Thurman and Lusk were absent for the vote.
REPORTS AND PRESENTATIONS
Interim City Clerk Gordon read the presentation item.
1. A Proclamation Recognizing EMS Week 2010 and the City of Milton Fire -Rescue
Department's First Team of Paramedics.
(Presented by Mayor Joe Lockwood)
Mayor Lockwood presented a proclamation in recognition of EMS Week 2010.
2. A Proclamation Recognizing National Public Works Week.
(Presented by Mayor Joe Lockwood)
Mayor Lockwood presented a proclamation in recognition of National Public Works Week
Regular Meeting of the Milton City Council
Monday, May 17, 2010
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J. A tvlemorial Vay Proclamation.
1rsr (Presented by Mayor Joe Lockwood)
Mayor Lockwood presented a proclamation in recognition of EMS Week 2010.
4. Presentation of the City of Milton FY 2009 Annual Audit.
(Presented by Adam M. Fraley, CPA, Mauldin and Jenkins)
Adam Fraley:
• The City Staff has put together a Comprehensive Annual Financial Report and an Annual Audit
Agenda.
• The CAFR shows all the information and financial statements required by the Accounting
Standards to be included.
• The City Financial Statements Audit was "clean".
• The net asset for the City was about 49 million.
• Approximately 36.5 million is invested in capital assets.
• 20.5 million is unrestricted net assets.
• Few adjustments were made to the report.
• No disagreements with the report.
FIRST PRESENTATION
1. Approval Of An Ordinance To Create Article 13 Of The City Of Milton Zoning Ordinance To
Establish A Historic Preservation Commission In The City Of Milton To Provide For
Designation Of Historic Properties; To Provide For Issuance Of Certificate Of Appropriateness;
To Provide For An Appeals Procedure; To Repeal Conflicting Ordinances; And For Other
Purposes.
(Agenda Item No. 10-1078)
(Previously Discussed at March 8, 2010 Council Work Session)
(Removed from First Presentation on March 15, 2010)
(Presented by Lynn Tully, Community Development Director)
2. Approval of an Ordinance to Amend Chapter 20, Environment, Article VI., Soil Erosion and
Sedimentation Control, of the City of Milton Code of Ordinances.
(Previously Discussed at April 19, 2010 Council Work Session)
(Presented by Lynn Tully, Community Development Director)
(Agenda Item No. 10-1139)
Motion and Vote: Councilmember Hewitt moved to approve First Presentation Items. Councilmember
Bailey seconded the motion. The motion passed unanimously (5-0). (Councilmembers Thurman and
Lusk were absent for the vote.)
PUBLIC HEARINGS
Deferred by Motion and Vote to be heard on June 21, 2010.
OM 1. Approval for the Removal of Billy Lovelace Hauling from the List of Approved Solid
Waste Haulers for the City of Milton Due to Non -Compliance with the Ordinance.
&MW (Agenda Item No. 10-1140)
(Matt Marietta, Fire Marshal)
Regular Meeting of the Milton City Council
Monday, May 17, 2010
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NOW SECOND PUBLIC HEARING
Approval of an Ordinance 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. 10-1127)
(First Presentation and Public Hearing on May 3, 2010)
(Stacey Inglis, Finance Director)
Stacey Inglis:
• Request of revenue and expenditure appropriation amendments and the general fund will
increase by roughly 63M.
• During the adoption of the FY 2010 due to separating from CH2M Hill will cause an
increase.
• Anticipated savings of 1.3M by terminating the contract with CH2M Hill.
• Tax digest was late causing collections to be received in FY 2010.
• Increase of prior year tax collections to account for revenues.
• Three funds need budget amendments:
o Confiscated Assets Fund Account
o Accounts For Revenue
o Expenditures Of Seized Drug Funds
ZONING AGENDA
(Zoning items typed verbatim)
City Clerk Gordon read the zoning rules and agenda item 10-1063.
At the second regularly scheduled meeting of the month, the mayor and City Council consider a Zoning agenda.
These items include rezoning petitions, modifications of zoning, use permits, and associated concurrent variances,
in addition to ordinances, resolution, and text amendments.
The petitions will be heard in the sequence listed on the posted agenda. I would like to acquaint you with some of
the rules and procedures for this meeting.
The applicant, and all those speaking in support of an application, will be allowed a total of ten (10) minutes to
present the petition. The applicant may choose to save some of the time for rebuttal following the presentation by
the opposition.
The opposition will be allowed a total of ten (10) minutes to present its position. If time remains, the opposition
will be allowed to rebut.
Since the burden of proof is upon the applicant, the applicant will be allowed to make closing remarks, provided
time remains with the allotted time.
The City Clerk's staff will be keeping track of time and will inform you periodically of the remaining time for
your presentation.
Regular Meeting of the Milton City Council
Monday, May 17, 2010
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Those called to speak will be taken in the order that the speaker cards were received by the City clerk's staff prior
ON" to the beginning of tonight's meeting.
All speakers will identify themselves by name, address and organization, if applicable, before beginning their
presentation.
The Planning Commission heard the rezoning agenda items and recommendations have been forwarded to the
Mayor and City Council for consideration and disposition.
In addition, the applicant shall not submit material to the Council during the meeting, unless requested to do so.
All material that you wish to be reviewed by the Council in consideration of your application should be submitted
to the staff of the Department of Community Development, to be included in the normal distribution of packages
to the Council.
When an opponent of a rezoning action has made, within two years immediately preceding the filing of the
rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government
official of the local government which will consider the application, it shall be the duty of the opponent to file a
disclosure with the governing authority of the respective local government at least five days prior to the Planning
Commission meeting. A violation of the relevant state statute constitutes a misdemeanor. Therefore, if you have
contributed $250.00 or more to a Councilmember and you have not filed a disclosure prior to the Planning
Commission meeting, the City Attorney strongly suggests that you have someone else speak for your point of
view.
1. RZ10-01— 3105 Bethany Bend (Southeast corner of Bethany Bend and Hwy 9) by D -
Squared Development, LLC to rezone from AG -1 (Agricultural) and C-1
(Community Business) to C-1 (Community Business) to develop a 2,100 square
foot convenience store and four pump islands at a density of 2,411 square feet per acre.
(First Presentation on March 1, 2010; Deferred by Mayor and Council on March 15, 2010)
(Presented by Lynn Tully, Community Development Director)
(Agenda Item No. 10-1063)
Lynn Tully, Community Development Director:
The proposed parcel is .871 acres and is currently zoned C-1 which is community business as unconditional and
AGA. The request is for C-1 Community Business. The property is located at the southeast corner of Bethany
Bend and Highway 9 and is within the neighborhood living working land use designation on the City's Future
Land Use Map. The staff has reviewed this request and has put forward the following standards of review.
1. Whether or not the proposal will permit a use that is suitable in view of the use and development
of adjacent and nearby property. Staff has stated that the proposed use is a suitable use based on
other commercially zoned and developed sites in the area and the fact that there are additional
commercial uses developed in the North, Northwest, West, and Southwest of the subject site with
ranges in densities from 1,341 square feet per acre to 18,240 square feet per acre.
2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or
nearby property. Staff has also said that the proposed use will not adversely affect the use or the
,,,,m usability of the property if it is developed with the required development standards of the
Highway 9 overlay district and in addition, the applicant has indicated that compliance with the
46W transportation requirements such as deceleration lanes, turning lanes, and required right of way
dedication will also be provided.
3. Whether the property to be effected by the proposal has a reasonable economic use as currently
zoned. It is staff's opinion that the subject site does not have a reasonable use currently zoned as
the property is currently AG -1 with a small piece of commercial, C-1 property.
Regular Meeting of the Milton City Council
Monday, May 17, 2010
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4. Whether the proposal will result in a use which will or could cause an excessive or burdensome
use of existing streets, transportation facilities, utilities, or schools. Staff does not anticipate any
significant impact on public services or utilities as proposed, however, it is noted that this
development may exacerbate a difficult intersection. The applicant is required to provide
transportation improvements as shown on the revised site plan and has proposed to do so.
5. Whether the proposal is in conformity with the policies and intent of the land use plan. The
revised site plan does provide a more pedestrian friendly area based on the location of the
sidewalks and the beauty strips along both frontages between the curb and sidewalk as well as a
bike lane on Highway 9. There are no variances with this request as heard previously. The
Future Land Use Map does show the property as neighborhood living working. In addition, the
comprehensive transportation plan does recommend that Bethany Bend and highway 9
intersections be improved by adding an Eastbound and Westbound through lane along Bethany
Bend which will help congestion at this intersection in the future.
6. Whether there are existing or changed conditions affecting the use and development of the
property that may give supporting grounds for either approval or disapproval of the proposal.
The revised site plan does meet the development standards of Highway 9 overlay district and the
development requirements for the site. The area is transitioning in uses from AG -1 and vacant
properties to Commercial uses in varying densities. Therefore, it is staff's opinion that these
conditions do support grounds for approval of this gas station and convenience store.
7. Whether the zoning proposal will permit a use which can be considered environmentally adverse
to the natural resources in the environment and citizens of the city of Milton. It is staff s opinion
that the proposed use will not be environmentally adverse to the natural resources of the city due
to the required development of the regulations as it pertains to detention, retention, aesthetics, and
underground gas tanks and gas pumps on the site. Therefore it is staff's conclusion that the
IM proposed gas station and associated gas pumps are consistent with the plan policies. The revised
"` site plans which was submitted on April 20, 2010 meets the development standards required by
the City of Milton's zoning ordinance which potential negative impacts on nearby residential
uses. Staff does recommend approval, conditional, to rezone to C-1 community business to
develop a gas station and convenience store. The conditions are listed. I would ask you to note
that it has been requested by staff that condition 4.a.4.b. be removed. That condition reads
Northbound right turn lane on Highway 9 at Bethany Bend. This is redundant and unnecessary
based on the current site plan.
I would ask that you consider that the planning commission has heard this now twice, the first time on February
23`d, 2010 where they recommended denial. It was heard in conjunction with a variance request. The Mayor and
City Council did meet on March 15th where you requested to defer the project to the May 17`h, 2010 meeting for
both items. We have at that time received new and revised site plans, the latest being the April 10, 2010 version.
Those site plans illustrated a verity of changes including a 2100 square foot convenience store and four gas
pumps. The variance there was also removed and there would be no need for the variance at this time. Included
in the staff report is a preliminary colored rendering of the building and canopy that was presented to the Design
Review Board on April 13, 2010 so they have heard this and made comments. The planning commission did also
hear this on April 27, 2010. They did have a variety of concerns that they heard from the public and discussed
amongst themselves. Those concerns included incompatibility and nearby residential uses, the sale of alcohol and
potential inappropriate literature, parking along the site, and hours of operation. The discussed a prior rezoning
for the property across the intersection, the CVS property, that rezoning was in 2006 and further had a rezoning
prior to that that had conditions still bound from 1996. That was for the CVS property. They discussed a change
POW from the right in and right out only access on Bethany Bend to a full access driveway which is shown on the
current site plan. Further they discussed how the site accommodates tanker truck deliveries, the number and times
%No of these gas deliveries, sizes, types, and venting of the underground gas storage tank and in addition they
discussed hours of operation and delivery times and the traffic counts and the signal timing at that intersection so
as you have heard, they have discussed it at some length and as you also have heard they recommended denial, 4
to 2, of petition RZ 10-01.
Regular Meeting of the Milton City Council
Monday, May 17, 2010
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Mayor Lockwood:
First I'm going to allow those who are speaking in support for this application and we will start with the applicant.
Pete Hendricks, 6085 Lake Forrest Drive, Sandy Springs, GA:
I would like to pick up on the reading that Lynn did as to the compliance to the standards of review, but I would
also like to highlight under page 12, paragraph 5 whether the proposal is in conformity with the policies and intent
of the land use plan, the affirmative statement that retail commercial is consistent with neighborhood living
working when developed near residential areas. Similarly coming on over to page 13 where we talk about the
plan policies. There are three plan policies that are set forth and it is confirmed that this application complies with
each and every one of those plan policies. Particularly, I would direct your attention to the second one which says
encouraged development of a balanced network of commercial activity centers to meet the service needs of our
citizens. Also if you would please take a quick scan and review of the recited densities and other development C-
1 in the immediate area of this property and those immediately encircling this property which are set forth on page
14 and 15. You will see every one of those densities in excess of the 2,400 square feet that the applicant is asking
for under this request that is in front of you. What has changed since the last time that we were here? I will walk
you through the most critical change that has been made is that we no longer have the variance request. I think
technically that was withdrawn when it was last in front of you, but the variance request has been withdrawn. We
are down from 6 gas pumps to a total of 4 gas pumps. We are down from the number of islands has been
similarly reduced. The Building has been reduced from 2400 square feet to 2100 square feet. The Emissions
inspections component has been removed. The vacuum and cleaning component has been relocated to the side of
the building so it is no longer a standalone at the apex of the property. In addition to that, we have shown one of
your sections requires that when you have a filling station or an open parking area you have got to provide visual
shield from the open parking and so we have initially made compliance with that along Bethany Bend road as
well as alone highway 9 but we further then came in and on the 6`" of May, you have all had filed with you a
beefed up landscape plan that has a legend that goes with it that gives specificity of the increased landscape
planning that will be applied along both roadway frontages and we would respectfully request that if you see fit to
approve the application, that you also incorporate into your approval a requirement of compliance with that
landscape plan. As you go through the staff review and analysis as far as the site plan is concerned, on page 18
you see state Highway 9 overlay district, we comply. As far as building height, we comply. Landscaping strips,
we comply. Other site plan consideration is noted and you have a schematic of the architectural look and feel of
the property as being proposed, taking up on what design review board asks for and the comments designed
review made, all four sides of this building has got articulation to it, fake windows to it, even in the backside. So
you have architectural integrity as to what is being presented to you. In addition to that, the side where the
dumpster is located, it's not having an appearance or feels that that is part of the building and not just a segregated
dumpster area. The bicycle racks are being confirmed to be added as has been requested the detention facility is
underground; the arborist knows there are no specimen trees located on the property so we do not have any
recommendations. With that, the applicant has reached out to the community and has had some encouraging
dialog. We wish that it would continue. We would be hopeful that there would be further affirmative points that
could be added to this application and we continue to be open to continue dialog with the community. We have
also presented a turning movement analysis as to the internal truck movement. We have also presented to you
how it is fire truck accessibility as far as the property is concerned and I think that the most prevailing comment is
when staff concludes with their final recommendation of approval affirmation of the fact that all of the
development standards are met and complied with and that adds any potential adverse affect to that residential
area reasonably close by. With that, we would like to reserve the rest of our time for rebuttal.
OP*% Phil Joseph, 13800 Oakmeade Trace, Milton, GA:
I'm going to be speaking tonight as one of three. We have given you a binder which hopefully you have. In that
*No binder, you have a copy of the PowerPoint presentation that we will be going through. I believe that PowerPoint
presentation is being presented right now. I will be talking about the first of the three points, proximity and two
other neighbors will be talking about density and transportation issues. I am particularly well suited to talk about
proximity because I live across the street from this property. The staff report says staff notes that although there
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 8 of 21
are residentially developed parcels nearby to the east and Northeast, they are not adjacent to the subject site. The
next slide will show where my property is. What you see there is basically the end of my property is across the
street from where this property goes. The distance of the two properties is the width of Bethany Bend and I
walked out there Sunday morning with my son and measured it, and it was 25 feet. Our property is about 25 feet
away from the proposed gas station property. Also, the next slide shows that our property is downhill from the
gas station property by about 13 feet. That is not scientific, I just used Google there and it said its 1181 feet and
1168 feet and you can tell it drops down when you drive there. The road goes down quite a bit going from
Oakmeade Trace from this gas station property and that quite concerns me for a lot of reasons. The next slide
shows what happens if there is, god forbid, an explosion at that site or a fire at the gas station. We know that
happens. There is the BP problem going on right now, obviously they have extensive safety protocols and things
but they can still have problems. Back in April I was in Nashville and there actually was a gas station explosion
and the next slide shows a picture of what I will comment on the left is the empty truck that exploded. I don't
know what would have happened if it had been full. The clerk, an eyewitness at the hotel, said I don't know
where the fore came from but gas was shooting everywhere. That just gives me shivers thinking about a fire like
that, 25 feet away from my property with trees in between my house and that. I would implore you to consider
whether you want to have something like that this close to residential property. I know that you want to have a
transition in between a property like this and residential property and I don't think that 25 feet of roadway
constitutes as a transition. The next slide shows the number of neighborhoods that are in the area. There are
about 1500 homes and I know the audience can't read this but Crooked Creek has 640, Lake Laurel 85, Five
Acres Estates has 23, and so forth. I am in Bellemeade Farms of 22. All of those homes navigate this intersection
on a regular basis. They all care about this discussion at one level or another. As a matter of fact, in the last half
of your binder you will see that there is a tab on the petition and we have 350+ of these residents that are asking to
„W„M deny this request. I'm going to turn this over to my partner now.
Ashley Bowen, 1110 South Bethany Creek Dr., Milton, GA:
Good evening. I would like to share some of the communities' concerns regarding safety as it pertains to the
density of the proposed site. The proposed site is too intense for the .87 acres. The average size of the four other
Milton stations is 40% larger than the proposed site and none of the others are on an acute triangle. None of the
other stations necessitate one way pump traffic, or storage tanks in high traffic areas and all of the other stations
have ample space for pass through traffic at the pumps, ample space for cars to que, and ample space for delivery
trucks and other large trucks. The applicant's other gas station has the same characteristics as the four stations in
Milton. As you can see from the aerial view, there is plenty of room to circulate. Notice the entrance of the
convenience store and the red x is the location of the storage tanks. Let's dig into the site at hand. Did you know
that you have to make 5 turns entering from Highway 9 just to get to the pump. Also, 11 parking spaces are
required but one is used for air and vac and should not be counted as a parking space. This has not been noted in
staff's report. On the next slide, we have added some additional vehicles navigating to show a typical day. The
community has asked a lot of questions about the fuel tankers. We get answers, but they do not alleviate our
concerns. We are talking about a 60 foot truck. That is roughly the length of the 70 foot building. A 60 foot
truck, carrying 20 thousand gallons of gas, maneuvering through tight spaces and the fact that there is only one
way to enter and exit the site is extremely disconcerting. The auto turn diagrams are not convincing at all of the
trucks ability to navigate the site. In staff's report, the transportation engineer uses extremely soft language and
says "appears to meet the standards" and note that the wheel paths cut into a parking space. In addition, at the
planning commission meeting the commissioner's remarks that the tanker also has to drive over the curb to enter
the site. This is a computer generated, perfect world scenario and even then, there is absolutely no margin for
error. It is the communities' opinion that "appears to meet the standards" is not good enough. In this case, this
standard should be exceeded and allow for a margin of error to protect the citizens. Remember, this is truck
""' carrying 20 thousand gallons of gas. Finally, the fact that he has to park in front of the store blocking the entrance
traffic and the majority of parking is hazardous. We have asked what happens if the truck comes and people are
■■a parked in front of the store. He replied that the truck would wait for the customers to leave. Notice the potential
back up of traffic on highway 9. The applicant has also assured us that the storage tanks in front of the building
works, because if other site on Dallas Highway is similar. Unfortunately, the sites are not apples to apples. The
storage tanks do not block the entrance, there is ample room to navigate, and 9 parking spots are still available
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 9 of 21
while unloading in contrast to the two proposed site. The scariest thought for me is a young child who runs in to
b" grab a candy bar while the car fills up and has to walk around the tanker when exiting to get back to the car.
There is absolutely no visibility for the pedestrian or for the teenage driver maneuvering around the tanker on the
opposite side. At 25 minutes, 3 times a week, that is 65 hours a year for potential disasters. Remember those 5
turns? Now try and make them safely when atanker or other delivery truck is dropping off inventory.
Heidi Sowder, 525 Sunflower ct., Milton, GA:
Moving on to the transportation as far as off site transportation concerns and the gas station poses a significant
concerns. In Milton's comprehensive transportation plan that was approved by council in December of 2009 had
some goals. The goal verbatim says "Milton CTP goal is to improve transportation network system level
performance with particular emphasis on the impacts of commuter and cut through traffic and safety. " if you
look at the crash data for the Bethany Bend highway intersection is the second most dangerous intersection in
Milton. It had 73 crashes during 2006-2008 where if you look at Birmingham which is getting improvements had
75. That is only two left. The applicant also misstated in his TIS report the accident rates. The crash data
corroborates the Fulton County transportation engineer's comments of the 2006 CVS rezoning about a
problematic intersection. This is not a transitional development. It does not meet Item 5 in staff's report as far as
a neighborhood live work policy for Fulton County. The development verbatim from there verbiage should be
designed to be pedestrian orientated and to promote walking and minimizing conflicts between pedestrians and
vehicles. The gas station's goal is to sell fuel, beer, and wine making this vehicle centric.
Councilmember Longoria:
Obviously the citizens had put together quite a bit of information. I don't think they were exactly finished. Is
there any way we can extend time?
Mayor Lockwood:
If you have support, yes. We can add 2 more minutes to the opposition as well as the applicant if the council is
okay with that.
Councilmember Zahner Bailey:
I support that decision.
City Attorney Jarrard:
Mr. Mayor, I believe the last time we did this we had a motion and a second.
Councilmember Tart:
I would like to make a motion to extend the time by two minutes to each side.
Councilmember Zahner Bailey:
I would like to second the motion.
Councilmember Tart:
Mayor, I know this is a sensitive subject to a lot of people, but in fairness to the applicant I would just ask that
everyone please keep order. There was an announcement made at the beginning of the meeting not to applaud in
fairness to the applicant. I think we all need to adhere to that please.
Heidi Sowder:
mom% The adjacent development immediately south to this gas station was rezoned in 1985 to be a community shopping
center. It had conditions that prohibited gas stations across the street. CVS has conditions that prohibit gas
bow stations to the east. Bellemeade Estates with a neighborhood of 2+ acre estate lots and within 300 feet to the East
you have three separate single family subdivisions. This C-1 district is intended to provide locations in which
neighborhood and community orientated retail and service activities could kind of conclude a transition or
compliment a transition for more intense activity. Based on these facts and the safety concerns of the community,
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 10 of 21
.�-- we request that the council upholds the commitment to the safety of the Milton citizens and follow the planning
,..� commission's recommendation to deny.
Pete Hendricks:
As far as the restriction that was referred to on other properties as to services stations, Fulton county had as a
standard prohibition anytime you came in for a C1 zoning a restriction on fast food, service stations, and
commercial amusements. Those were out of the box restrictions against it. If you wanted to have relief under any
of those, you had to ask for it. After planning commission, I asked what the policy reason was for doing a
restriction and she said service stations are intended when you have service going on. I asked if you are doing a
convenience store and gas, would that fall under your restrictions? It wouldn't. But if there were no emissions
involved, it would be okay. I would also like to point out that the Joseph's home concerns, their residents is 317
feet from this property. In addition, the way the elevation works by the time you get to the residence it is higher
than the property that we are talking about. As far as traffic, I'm going to get Abdul to step up who did the traffic
plan and analysis. As a general comment, you have benefit under the C1 zoning with a filling station being passer
by traffic. It's not destination oriented. I would also go back to the staff's comment about the pedestrian friendly
and accommodating nature of the revised site plan with compliance with the beauty strips, sidewalks, and bike
racks and bike strips. Brad, if you would step up and talk about the internal movement about the trucks please.
Brad Riffel, 490 Spring Ridge Dr., Roswell, GA:
The truck route that is shown is a truck that is probably the worst case scenario. It's a little longer than your
normal tanker truck which is between 45-50 feet. I used a 55 footer truck to make the circulation and there is only
one way in and there for one way out with that truck. The yellow line indicates the center travel path of the cab
PFVM and some other lines that show the path of the back tires clearing everything.
Abdul Amer, 2160 Kingston Ct., Marietta, GA:
too I conducted a detailed study for this project and the city staff had the opportunity to review it and they have
agreed with the conclusions and the analysis in the study. The findings of my study at Bethany Bend and
Highway 9 for safety is that the intersection is congested. It currently has a long cycle and by making signal
timing improvements that I've recommended, we can improve the traffic operations. There are no safety concerns
that the GDOT has for a higher number of accidents than any other intersections.
Mehdi Jannatkhah, 4180 Harris Trail, Atlanta, GA:
I am the applicant. I want to go over the comment about the delivery truck. I have an existing station that has gas
station that has been in operation since 1996 and I have gone and took some pictures. This is the same design as
we have shown. It shows the truck coming in and the location of the storage tanks is in front of the store. And
the delivery truck will come in when we assign them to come in which is usually when it's not the rush hours and
as far as having people park in front of the store, if they are parked there we can ask that they park under the
canopy if a truck comes in.
Heidi Sowder:
I just wanted to reiterate that this site, the tanks are in front of the store; it is not the same design. They have 15
parking spaces at that location, so when the 6 are taken up there are still 9 spots available for the cars. At the
Milton Site, there are 2 on the side and 3 in the front which were for employee only and will be painted to be
employee parking only. They are difficult to navigate to get in and out of. We have two transportation engineers
from two different municipalities stating the same thing about the intersection. It was a problematic intersection
in 2006 and it's a transient commercial use that will exacerbate a difficult intersection in 2010.
Mayor Lockwood:
Or. At this time, I will close the public hearing and open up for questions from the Council to our staff.
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page I I of 21
flow Councilmember Longoria:
Lynn, when this first came before us staff was recommending denial for a number of reasons. The planning
commission had the same opinion. We deferred it and regardless of what it says, the vote was actually 6-1
because I didn't necessarily vote for it. What do you think is the most significant change that is taking place with
the new application and why did that change your opinion?
Lynn Tully:
A lot of it had to do with the density of the site. The variance was removed so they were able to comply with the
requiv'aments for landscaping. The density of the site was decreased in that the store was decreased as well as the
amount of pumps. We pushed it through all of the development reviews. It is still a concept plan. It appeared
that it would meet the standards. That was primarily the biggest change on the staff's recommendation. That
allowed us to feel more comfortable that the intensity would fit on the site and meet the requirements.
Councilmember Longoria:
When you were looking at the density, what kind of thought did you give to the transition in the proximity of the
Joseph's home across the street?
Lynn Tully:
As a planner, we don't pick out one particular home, but as a policy we do try to provide transitions for the area.
Obviously, this is an intersection that does appear to be changing. There are several different commercial uses in
the vicinity. When the properties aren't immediately adjacent, we try to provide landscape buffers and open
space. Those have been provided. The fencing was provided as well as a beefed up tree buffer. It's not a perfect
transition, but it does attempt to help those potential negative effects.
Councilmember Longoria:
In your experience, have you seen certain restrictions of distances with something where there are semi hazardous
materials and residences?
Lynn Tully:
There are in some other areas. Those requirements are in Cherokee and Forsyth I believe. They are typically
included in a zoning code or in development regulations. But yes, there are those in many other places, but we do
not have those restrictions.
Councilmember Tart:
The first question I have has to do with the traffic study in general. I need to know whether the traffic study
included anticipated increase in traffic from the Bethany Bend High School that will be there and also the Forsyth
Development?
Abdul Amer:
Yes, we have included additional traffic growth in the traffic study. We estimate a percentage growth in traffic
and increase that on an annual basis.
Councilmember Tart:
Is that based on just general population growth or proposed or definite developments?
"Mm Abdul Amer:
It's based on a review of the historic growth in traffic in the area.
Now
Councilmember Tart:
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 12 of 21
On page 23, about the turning radius, there have been claims made about the turning radiuses about the computer
generated best case scenario and even then it has the delivery truck riding on the curbs. Could staff speak to that?
This is tight. What can we do to avoid this?
Lynn Tully:
I think that is better answered by the transportation engineer who put this drawing together. I can say that our
public works director and their staff has looked at it and to the best of their ability they have authenticated it again
and I'm not sure that we have the same schematics.
Carter Lucas:
to the applicants engineer to provide that information to us. It's not a
This is one where we have to have to look
program we have or something we can review in house other than simply looking at what has been provided to us.
Councilmember Tart:
Okay, well if that's the case, I can see it right here plain as day, the rear tires go up on the concrete, what can the
applicant do to avoid that?
Brad Riffel:
You may be looking at some of the other lines that are part of the extent of the cab. I can assure you that there are
no tires going on any of the curbs because I made adjustments when it did. Initially, there were some tight areas,
but I made adjustments.
Councilmember Longoria:
Brad, under normal circumstances, is it normal for gas stations to have only one good entrance and one good exit?
`"" Brad Riffel:
Ideally, you would like a couple of options. Sometimes that is not possible. There are some people that deliver
gas that could answer that better. What I can tell you from previous conversations, is that the company that is
going to be providing the gas they have one or two employees that are specifically dedicated to this site. They
will know the means of the site and how tight it is. It is tight, but according to the program we used, it works.
Lynn Tully:
Based on the plan you all have, the right of way reserved for future improvement on Bethany Bend it straddles the
center of the landscape strip and the entirety of the landscape strip is provided within the reservation line. I am
anticipating that we may lose a portion of that property.
Councilmember Tart:
How will that affect the sidewalk?
Lynn Tully:
We would have to move the sidewalk closer into the property. There still would be a need for the sidewalk to be
outside the reservation line and we may lose the beauty strip along that portion in particular.
Councilmember Tart:
ezoning and conditions. The conditions were not intended
There seems to be a lot of discussion around previous r
to exclude convenience stores or gas pumps. In terms of all of the uses of C-1, where do you see gas stations in
vow terms of intensity of use?
rrw Lynn Tully:
I I can say in terms of traffic generation, there is a long use of C-1 uses that could potentially go on a site like this.
The size of the site and the shape of the site limits a lot of these. There are other uses that could fit that would
create less traffic, possibly a beauty shop or something of that nature would cause less traffic. I will say we did
1, owli
—._
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 13 of 21
review the traffic engineer's traffic study thoroughly; we did attempt to include the site plan from the engineer
according to that study.
Councilmember Zahner Bailey:
First, does the applicant own this parcel?
Lynn Tully:
I believe they have signed as owner.
Councilmember Zahner Bailey:
In terms of prohibited uses, do we have standard language for the prohibited uses?
Lynn Tully:
I believe so. Robyn MacDonald will look for that.
Councilmember Zahner Bailey:
There are reasonable uses as evidence that would be effective that are allowable under our zoning code that would
allow for the current zoning to be an economical use. Has the Design review board reviewed this case?
Lynn Tully:
Yes ma'am.
Councilmember Zahner Bailey:
I did not see any of their comments on the analysis. Could you speak to the DRB?
Lynn Tully:
They reviewed this on February 2, 2010. It's on page 28. And also on April 13, 2010 and their first review they
discussed screening of the dumpster which the applicant has now provided. They have discussed the canopy over
the top of the pumps islands and said they should have a pitch on that. They also provided some drawings that
indicate that the applicant has provided drawings to indicate that and requested any consideration of any alternate
designs. I believe that again based on the proposal, they have considered those. They discussed on April 13'h if
the parking spaces on the North end would function correctly for maneuverability. Those are some tight spaces.
Those will be employee only. They have removed what was originally an air and vacuum station from those
spaces. They also discussed the sidewalk which potentially goes into the drive isle. Additional treatment of the
dumpster area. The height should be the same as the building and provide a garage like door and that is indicated
on your drawings. They should match the canopy to the building. They should locate bicycle parking on the side.
Relocate the air and vacuum station. Discussed the previous issues that were addressed during the February
meeting.
Councilmember Zahner Bailey:
Did your analysis specifically include the traffic anticipated for the new high school.
Abdul Amer:
Yes Ma'am. We anticipated the traffic growth. What we did like we do in all traffic studies which is to do
existing traffic counts and then whether it be 1, 2, or 3 years we add background traffic growth and we agree with
the city staff what is an appropriate growth to include. 3%? 2%? 4%? Off the existing traffic and that is what we
agreed on and included. So to answer your question, we do include all projects.
am" Mayor Lockwood:
You used a generic growth rate or did you do a specific rate to the new school?
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 14 of 21
Abdul Amer:
Yes, you are correct. It's a standard practice in the industry.
Lynn Tully:
Typical uses accepted to the CI zoning district included on the list was gas station and associated gas pumps
specifically as excluded. They were prohibited.
Councilmember Zahner Bailey:
Can staff also confirm the distance from the first speaker that the 25 feet is about correct in terms of the distance
from the proposed parcel and the residence?
Lynn Tully:
From the property lines themselves, we measured the distance between the gas tanks and the holding tanks to the
nearest residential property line. We did not measure the pump dispensers or the property line to property line.
The holding tank is approximately 170 feet.
Councilmember Hewitt:
I have a couple of questions that are geared towards the entrance and exits. As its drawn now, will DOT approve
this and is it far enough from the intersection?
Carter Lucas:
pop" Yes, we have had a number of conversations with GDOT on this and at this point they have not voiced any
significant concerns.
bw"' Councilmember Hewitt:
My next question is probably more towards you, Brad. I know there are some issues with the property
immediately to the south. Do we have any concept about what would happen if there was some inter parcel
access and this driveway was able to be shifted South to be more in light with the Publix driveway?
Brad Riffel:
Over the past three years we have made effort to get with the property owners to line the curb cuts up with
Oakmeade and Publix, unfortunately, to align it would take up lots of property from the adjacent property owners
and they were unwilling to work with us on it for a few reasons. My client says he would be more than happy to
relocate the curb cut when the other property owners are willing to work with us and allow us to do that. Does
that answer your question?
Councilmember Hewitt:
Yes, it does. Thank you.
Councilmember Zahner Bailey:
I do have two more questions. I apologize. Hours of operation, could the applicant confirm the hours of
operation as well as delivery times?
Mehdi Jannatkhah:
5:30 a.m to 12:00 a.m. except Sunday which is 7:00 a.m. to 11:00 p.m.
Councilmember Zahner Bailey:
r Also to delivery times, can you speak to that?
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 15 of 21
f,,,, Mehdi Jannatkhah:
Delivery time would be up to us, but we had agreed to make sure that the delivery will happen within the hours of
operation, not after hours.
Mayor Lockwood:
I have talked to several citizens and I understand all of the concerns and I can agree with a lot of them, but I want
to look at it from both sides. As we look at this and the staff's recommendations and I think some of our legal
opinion, it always comes up. Obviously this applicant owns this piece of property and we have talked a little bit
but could you confirm other uses that I think the problem is that it is such a small piece of property. I know we
have denied gas stations on other pieces of property but those are big parcels that had other opportunities. Could
staff and Mr. Hendricks address if there are any other uses on this property as it is currently zoned?
Lynn Tully:
As it is currently zoned, AG is our agricultural district and it could be used for any farming, however, the size and
location diminishes that ability. Again, as a residential use it is further diminished by the size. Assuming there is
septic on the property or sewer, they may or may not be able to attach to that. Again, because of the size of the
property it would limit that. It is fairly restrictive under the current zoning. Under CI there are other uses in
addition to a gas station that could be placed there. The size is the prohibitive factor again for any commercial
uses and providing anything that could be retained there economically. However, there are some things,
potentially, it could be used for.
OP -M
Mayor Joe Lockwood:
Part of this stays AG -1, as discussed earlier, a veterinary or animal clinic but I think the problem there is that it
UWAO might be too small of a piece of property plus it being on the corner, the economics probably would not work.
Mr. Hendricks, do you want to address any other options?
Pete Hendricks:
This is where I started out with the applicant when he came to me about the thought and idea of rezoning this
property. I wanted to know what kind of evaluation have you given ...... as to what you got the ability to be able
to do on this piece of property. He walked me through the effort to try and wed to the profits of the South and all
the loggerheads that were met there, including an initial comment that the people didn't even know they owned
the property. Then through a fellow being in jail and then part of it being in an estate, it can't logistically be done.
So, that left us with the .871. A restaurant, you can't park it. Fast food .... I don't think with drive-thru for land
use perspective is as good as the filling station that is being proposed. You have no reasonable economic life or
value if you come in with a little boutique retail so where you end up is with the application that you have in front
of you. I think it's highly unusual that you have someone, an owner of property, in your community, that has the
financial commitment and wherewithal to come in and do to this property what he is talking about doing to this
property as to the upgrades, the enhancements, to where you will make it fit and work and the ratcheting down
and the scope and scale from what was originally proposed to come to a bare bone financial ability to work and
function with this piece of property.
Mayor Joe Lockwood:
I've heard a lot of concerns about traffic and safety but then I also hear a lot about a use like this doesn't really
generate a whole lot more traffic, it's just people that are driving through that see the gas station that pull in and
use it. Can you address that a little bit? Is this a use that will attract a lot more traffic or just going to impact
existing traffic?
u�
Carter Lucas, Public Works Director:
I think that the standards that we look at when reviewing these, probably 50 to 60% of the traffic generated were
jcoming to the site as pass -by traffic. In other words, those vehicles that are already on the road, see the gas
I
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 16 of 21
amp-" station and stop at the gas station so it generates about half of that in new traffic coming to the particular site. The
Ow" reduction in the pumps obviously reduces the overall draw to the site and so there is some draw from the outside.
I would have to look at the numbers specifically to tell you the number of trips but we would consider 50% to
60% pass -by trips.
Mehdi Jannatkhah:
Thank you for the opportunity to comment on the trip generation. Give me a second, please, to flip to the trip
generation. ITE trip generation manual which is data of thousands of similar facilities throughout the country has
documented pass -by trip percentage and it is 50% to 60% of the total traffic to a facility like this. It is typically
pass by traffic and in that context when you can compare what would possibly go here, the total number of new
trips generated by this type of development is certainly much less than other developments. I did do some trip
generation comparisons for various uses. Especially the new trips by this were significantly less than other
potential uses, commercial uses, such as fast food restaurants, banks and things like that. I want to give you some
perspective on the number of trips we are talking about. In the AM peak hour, we are talking about total new
trips of 16 cars in one hour. Divide that up in two driveways, say there are 50/50, you are talking about eight cars
entering this driveway in one hour. New cars, eight new trips. Other trips might be going on the road and just
turn right and then turn right back out when they fill up. So you are talking about eight new trips for each of the
driveways coming in and that in a period of one hour, if you look at it, two cars for 15 minutes, new, coming to
this gas station. Gas station is a frightening word but when you look at a Quik Trip and a RaceTrac, it could
potentially generate hundreds of new cars in an hour. This is much smaller in scale. I just wanted you to keep
that in perspective as we talk about trips. Thank you.
,..., Mayor Joe Lockwood:
The only other thing, as we talk about transition, in my opinion, I think that is important. It would be great to
have a big circle and a bulls eye and we go out but personally in my opinion, if you take Hwy. 9, the State Route
and our existing commercial areas, we have to work outside of that. It's a little bit awkward here because of the
residential property that ............ Mr. Joseph's property that comes right up to that intersection. I was going to
ask if the applicant would consider different house, maybe limiting the hours where it was not as open as late,
maybe didn't open quite as early, if that was a consideration also? That seems to be a concern of some citizens.
Mehdi Jannatkhah:
I think we can go ........... instead of 5:30 AM, go to 6:00 AM to be consistent with the other businesses that are
around and we can go from 12:00 AM to 11:00 PM, to be consistent with other businesses.
Mayor Joe Lockwood:
I'm not trying to play the devil's advocate; I'm listening to the citizens also. I've met with several citizens but
I've also met with our staff and city attorney and the applicant and I realize this is someone's livelihood and they
have bought this property and they certainly have the rights within the law. I do agree that they have changed the
plan a lot since they first came in. If I wanted to deny this, if the city council denied this, do we have any
legitimate reasons to deny specifics that we can deny this on or based on facts?
Lynn Tully:
Zoning, as you well know is a legislative issue and therefore it's very much based on quality vs. quantity so
based purely on a qualitative point, if you so feel that this use is too intense, for the site, you can deny it based on
that fact. If you are looking for a science fact based variable, I'm not sure that I have one without a lot of other
study and I don't know that the applicant is ready to prepare all that study at this point. Yes, obviously again as a
legislative avenue, qualitatively, density and intensity, you can rule that way.
how City Attorney Jarrard:
Mr. Mayor, I am going to echo what Ms. Tully said to the extent that of course this is legislation. The particular
use challenges are identified in the staff report. It would be disingenuous of me to suggest that doesn't present a
little bit of a challenge for council. Lynn is going to look at this from a planning perspective. I am going to look
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 17 of 21
at it from a defense perspective, of whatever the city does and so I tend to look at it from the prospective of those
A,,,,,,. things that have the city's actions and certainly to the extent that this pertains to the challenges of trying to find an
economic development for this property, that is a concern. It would be disingenuous of me not to say that there is
not a concern. That is not the only thing that the council has to consider. There are things like the public interest,
there are things like land development policy. Not all of those things can lean to what the court would look at, if
in fact the property owner is able to meet his burden, the initial burden of saying, I have been significantly
damaged or hurt because of what the council did. So, it's very difficult for either Lynn or I to say to you, this is
how you should exercise your discretion as legislators in this matter. Mr. Mayor, I will tell you that I believe this
property appears to present some challenges and I'm not going to be in a position to tell you that I think that you
need to exercise your legislative ability, one way or the other and the city staff and city attorney will defend the
city's actions within this framework, irrespective of what they are.
I would like to say again. I certainly understand that citizens live nearby and I would feel the same way they do.
So, I am concerned about that and other issues. The other thing I struggle with is I see a piece of property and
someone owns it and I wish there was a bigger piece of property, and we could come up with suggestions, Plan A,
Plan B and Plan C. I just don't see those other options as being practical. The other thing, I think this applicant is
willing to put forth extra money to dress this development up to make it look attractive. My other biggest concern
is that the city of Milton, as I believe all the council wants to do, is to preserve what we have out here and we
have very limited commercial, or future slated commercial area. I certainly want to look at all those opportunities
also. I think everybody has had a chance to speak. I am certainly open for a motion at this point.
Motion and Vote: Councilmember Tart moved to Deny Agenda Item No. 10-1063, RZ 10-01 based on
,�. the following:
The proposed use is too intense for the .87 acre site as evidenced by the following:
o There appear to be dual uses of parking spaces for air and water on the side of the building which
limits the use of required parking spaces as required by our ordinance;
o DRB made specific comments relative to the three parking spaces to the North end of the site and in
their words do not function correctly for maneuverability purposes and as a result the applicant has
made those employee only parking spaces which further limits the use of parking spaces on the site
and speaks to the tight nature of the site;
o The location of underground fuel tanks in front of the building and just behind the parking spaces
will limit ingress and egress during times of delivery and will cause blind spots on the site and back
up traffic on Highway 9 leading to safety concerns to pedestrians and vehicles on the premises and
on adjacent streets and will block parking spaces during times of delivery;
o Logistical challenges presented by the size of the parcel in relation to proposed uses including one-
way traffic in/out of the gas pump stations, yet two entrances are noted; one with a right-in/right-out
and lack of space for queuing and further complications caused by even less space when the parking
spaces are filled by employees and customers;
o Established public policy including a case 2006, 2-0096RFC heard in Fulton County on November
15, 2006 and a related rezoning directly across the street at CVS in which the traffic engineer noted
that although the proposed use in that case was consistent with the language plan, the nature of the
intersection of State Route 9 and Bethany Bend where the subject site was located was problematic
mom in accessing, the subject site will be a challenge especially with increased traffic;
o Also there were two cases that were heard by this Body with prohibitive uses including gas stations
am" and convenience stores: one at the corner of Deerfield and Highway 9, the Kohl's location and at
Webb Road and Highway 9;
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 18 of 21
o Lack of appropriate transitioning between the high intensity use of the proposed gas station and
WNW nearby low density residential neighborhoods;
o Overall safety concern to pedestrians and vehicles given the delivery of gas presented by the
increased traffic to the site through the intersection and on the site itself.
Second and Friendly Amendment: Councilmember Zahner Bailey seconded the motion and added
the following points:
o Pg. 12 in reference to "Whether the property to be affected by the proposed has a reasonable
economic use as currently zoned?" is that as defined by the City of Milton's Zoning Code, expressly
allows for several different uses that are indeed possible as currently zoned which would include not
only a veterinarian clinic but also other things including retail sales of items grown from other
locations but could be sold here as well as a multitude of other C-1 uses should this, in the future be
rezoned to C -I and yet with prohibited uses.
o While this may be reflected as C -I in the future land Use Plan for C-1, not all commercial uses have
the same intensity of use and that the gas on so few acres is a much more intense use than what is
typically allowed next to and immediately adjacent to residential homes.
o Public health, safety and welfare concerns as stated by citizens as well as noted by Councilmembers,
in particular combustibility issues, as it relates to the proximity of residences to underground tanks
and the risk that would put our citizens at.
o Transportation issues that expressly there was not a separate transportation and traffic study that
expressly included the increased traffic anticipated by the Fulton County Board of Education School
planned to open in the fall of 2012.
Mayor Lockwood:
I would say, I am happy for the citizens and all that are concerned. I also will say that I have heart burn because I
think the applicant has met all the legal requirements and ordinance requirements so I don't believe that is fair but
I will certainly respect the decision.
Councilmember Zahner Bailey:
I do want to make one statement. I would like to speak briefly to the applicant and note that if something were to
be denied, that obviously an application could come back and that there is always an opportunity to request a C-1
rezoning with perhaps some conditions that would be more palatable based on transition policy and based on the
live -work and quality of life policies of this body including as represented by our mission and value statements in
the Highway 9 design area. I would encourage consideration of other rezoning that perhaps would take into
consideration certain uses vs. others.
Motion Restated and Vote:
Councilmember Tart moved to Deny Agenda Item No. 10-1063, RZ 10-01 and concurs to add
Councilmember Zahner Bailey's justifications as stated except for the combustibility concern in close
conjunction to residences. The motion passed 3-2. Mayor Lockwood and Councilmember Hewitt were
opposed. (Councilmember's Thurman and Lusk were absent for the vote.)
won
Mayor Lockwood:
low I would like to thank all of the citizens for being here tonight.
UNFINISHED BUSINESS
1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2010 Budget for Each
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 19 of 21
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. 10-1127)
(First Presentation and Public Hearing on May 10, 2010; 2"d Public Hearing May 17, 2010)
(Stacey Inglis, Finance Director)
Stacey Inglis, Finance Director:
• I have presented budget amendments to you.
• We discussed them in detail on May 10`h.
• If you have any other questions, I would be happy to answer them, otherwise, staff recommends approval
of the budget amendments.
Councilmember Zahner Bailey:
• My question has to do with a specific potential of a traffic mechanism heading North on Birmingham
Highway and or headed South near the Providence and Birmingham intersection as an interim and I think
Carter had noted what that might cost.
Stacey Inglis, Finance Director:
• He did not get back with me on that and I believe Carter stepped outside.
Mayor Lockwood:
• That would probably have to do with the DOT and we would have to get permission and we would have
to confirm that.
Councilmember Zahner Bailey:
• My premise is that obviously it is perhaps the largest safety issue in the entirety of Milton with regards to
the number of accidents and the number of fatal accidents. Knowing that while we are proceeding with
the roundabout for Birmingham and Providence ...
Mayor Lockwood:
• Excuse me; we were talking about the budget.
Councilmember Zahner Bailey:
• So, my question is in regards to the possibility of an interim traffic notification mechanism going both
North and South on Birmingham Highway as we wait for our eventual roundabout. I just wondered if
you had any idea as to what that expense might be. Do you have any estimate?
Carter Lucas, Public Works Director:
• I guess that would depend on what that interim measure would be.
Councilmember Zahner Bailey:
• What we had talked about specifically was, as an example on Bowling Road going over in Roswell,
where it would flash as a car is approaching to give better visibility and as a warning signal to a driver
heading north and/or heading south as they approach that intersection.
arm
Carter Lucas, Public Works Director:
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 20 of 21
NX-, • One of the things we are going to do in our concept meeting on Wednesday with GDOT was to discuss
,,, some potential interim measures and what they would approve, if anything at those locations. We won't
know anything until that point but ...
Councilmember Zahner Bailey:
I would just say again, that I would really love to get some input. I realize that we are dependent on the GDOT so
I guess my question to Mrs. Inglis would be, subsequent to that meeting with the DOT, that it is reasonable, and it
would be the pleasure of this entire body and if it makes sense from a transportation standpoint, is there anything
that would preclude us this evening from then bringing that back up and saying that we would like to allocate
those funds.
Stacey Inglis, Finance Director:
No, there is not.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 10-1127,
an Ordinance 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. Councilmember Bailey seconded
the motion. The motion passed unanimously (5-0). (Councilmembers Thurman and Lusk were
absent for the vote.)
NEW BUSINESS (None)
MAYOR AND COUNCIL REPORTS
STAFF REPOTS
Chris Lagerbloom, City Manager:
We have the opportunity to get together on Sunday morning from 9:00 AM to 1:00 PM if council
is open to this at the Avia hotel during the GMA Savannah Convention.
• Asked Council if there was any opposition to having retreat focus meeting on Sunday.
• Bulk of training occurs on Saturday in Savannah.
• On June 7t", the consultants will deliver results of the Parks and Recreation Needs Assessments
Survey.
• There will be a Memorial Day ceremony here at City Hall — events will start promptly at 10:00
AM. There will be a flyover that kicks off the ceremony. Last week, we received 60 marker
applications. You will see a display of markers larger than it has ever been along Deerfield
Parkway.
• We have looked at "green" vehicles and there are some hybrids but the waiting time is near 18
months which is a waste to wait.
Regular Meeting of the Milton City Council
Monday, May 17, 2010
Page 21 of 21
ADJOURNMENT
(Agenda Item No. 10-1141)
Motion and Vote: Councilmember Tart moved to adjourn the Regular Meeting at 8:34 p.m.
Councilmember Hewitt seconded the motion. The motion passed unanimously (5-0). (Councilmembers
Thurman and Lusk were absent for the vote.)
Date Approved: June 21, 2010
i
Sudie AM Gordon, Interim City Clerk Joe Loc o , ayor