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HomeMy WebLinkAboutMinutes CC - 04/12/2010 - 04-12-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 1 of 10 .. 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. This meeting was not recorded due to technical problems with Granicus recording equipment. The Regular Meeting of the Mayor and Council of the City of Milton was held on April 12, 2010 at 6:00 PM, Mayor Joe Lockwood was presiding. INVOCATION Chaplin Remco Brommet, Chaplain for Milton Police and Fire. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Interim City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, and Councilmember Joe Longoria. Council Member Absent: Councilmember Lusk was absent/excused, Councilmember Hewitt was UN" absent/excused and Councilmember Tart was absent/excused. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1083) Mayor Lockwood: • Do we have any changes to the Agenda or other items to be considered? Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item 10-1083, Approval of Meeting Agenda. Councilmember Longoria seconded the motion. The motion passed unanimously (4- 0). (Councilmembers Lusk, Hewitt and Tart were not present for the vote). 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. a"" • There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 2 of 10 • 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. Buck Bell, 13225 Bethany Rd., Milton, GA: Good evening Mayor and City Council. I am here tonight talking about our new lawn mower business in Crabapple. We are all excited about business in Crabapple, but we're not excited about this type of a presentation being put on by the lawn mower business. Some of you have probably driven by and seen it. Back in the time of election at a private party Mr. Harris came up to me and said he was getting ready to open up a small engine repair business and very quickly told me how beautiful it was going to be and how he was going to fix up the building because it had been so neglected from the ambulance company for years and I said good for him, we always need more business in Crabapple. On February the 25th after about two or three weeks of being open I started noticing that equipment was being displayed out on the front, work was being done in the front parking lot, there was no signage and piles of dirt everywhere. I had met with Mr. Harris privately and asked if we could do something to work this out together. After our meeting he basically told me to take it up with the City which I did shortly thereafter and even the next day and the next day. Since that end of February through today it has grown out to be a place where you can find at least 100 pieces of equipment piled in the front yard down the side of the building. There is a graveyard of equipment out in the back now. He has built a fence in the right away. He has a temporary sign stuck out there. It just goes on and on and on and it is not what we have envisioned for Crabapple, I don't think it's what the City of Milton has envisioned. We now noticed that the carpet people have started stacking remnants out in front of their buildings. I run a business there, two businesses there, I own three suites with businesses and I'm just thinking we should take everything and put it out on the street and get the girls to start knitting out in the front yard and everything else. I guess this is not Milton City; it is now going to be the Milton flea market. I know that the city is working on it, and I'm being a little smart and flipping and I apologize for that. To me, it has been a long 45 days watching this thing grow out of control up until the point that last Friday in fact he put up a metal building and poured a cement slab without a permit. It didn't follow what they promised the DRB, it didn't follow what they promised staff. The whole development does not follow what he was rezoned for, and I believe this was back in 2006 with Fulton County, when he came and used my architect to put the conceptional drawings and how the building is being used for the lawnmower shop used to be used for the Milton ambulance shop and was to be renovated to look historical. The building that now houses the ambulance was to be demolished. There was supposed to be no driveway in front of the old house that caused a traffic issue. There were all types of notes in here that he was supposed to follow for it to be historical conditioning and it is site specific and zoning specific. The thing that troubles me with all of this I guess is that anyone can go out and take a plan, make a promise, get awarded, then do what they want with their property. To me, it seems like when I in the past in Crabapple and other places made a promise to perform as promised and given drawings as specific evidence of being able to do something, I have done it. I am not a special person; I just know what it takes to get a job done. I abide by the right of way setbacks, by the overlays, City code, and city ordinance. You know the fire department has been to see my building eight times in the last 12 months. I think they don't know that they have been there before, but every time they come in they open up out electrical closets, they check all of the emergency devices, they look at our step ways. Our building was built way well within the health, building, and life code back in 2004 to 2006 so it kind of surprises me that here that this building here I am sure that it is so far Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 3 of 10 IN out of life code and so far out of other code, historical code for certain, they boxed in two open garages with plywood doors and gate hinges on them. They are not even painted. They leave the doors wide open during the day and work on the lawnmowers somewhere between inside his garages and outside on the driveway. It just has to stop. It has to go away. You are setting a terrible precedent by allowing it go on and I know there will be some discussion after this meeting about what is being done to it. But I would hope that the city would take this opportunity to set an authoritative precedent. To do some enforcement so we all start abiding by these rules and regulations that a lot of us work hours and hours to write, revising, conforming to, explaining to, and to me it seems that if we're all going to live in harmony in a City then we ultimately have to live by the rules. If you can't live by the rules, then you shouldn't be able to do as you please. I have been told by this applicant, not necessarily Mr. Harris but his partner that they will do as they please until someone stops them. So I am here tonight just to say that is the history as I remember it and know it and I look forward to the comments and what happens over the period to come. Thank you. Mayor Lockwood: Thank you Mr. Bell and I will let you know that our city staff is looking into this. Do we have anymore public comment? Interim City Clerk Gordon: That is all, sir. Mayor Lockwood: Will the City Clerk please sound the items. Interim City Clerk Gordon read the Consent Agenda items: 1. Approval of the March 1, 2010 Regular Meeting Minutes. (Agenda Item No. 10-1084) (Sudie Gordon, Interim City Clerk) 2. Approval of the March 8, 2010 Special Called Meeting Minutes. (Agenda Item No. 10-1085) (Sudie Gordon, Interim City Clerk) 3. Approval of the March 8, 2010 Work Session Minutes. (Agenda Item No. 10-1086) (Sudie Gordon, Interim City Clerk) 4. Approval of a Contract between J.J.E. Contractors, Inc. for Emergency Repairs to the Providence Road Bridge Over Copper Sandy Creek. (Agenda Item No. 10-1087) (Carter Lucas, Public Works Director) 5. Approval of an Intergovernmental Agreement By And Among The Cities of Alpharetta, Johns o'°"" Creek, Milton, Roswell And Sandy Springs For Participation In The U.S. Geological Survey Assistance Award Program. (Agenda Item No. 10-1088) otic. (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:00pm Page 4 of 10 6. Approval of an Agreement between the City of Milton and Avenet Web Solutions, LLC (a/k/a GovOffice.com) for the design and maintenance of new city website. (Agenda Item No. 10-1089) (Jason Wright, Communications Manager) 7. Approval of a Services Agreement between the City of Milton and Cook Construction Services, Inc. for the Removal of an Existing Dump Site at Birmingham Park. (Agenda Item No. 10-1090) (Carter Lucas, Public Works Director) 8. Approval of a Software License Agreement between Guardian Tracking and the City of Milton. (Agenda Item No. 10-1091) (Deborah Harrell, Chief of Police) 9. Approval of a Contract between the City of Milton and PropertyRoom.com for the Disposition of Evidence and Property. (Agenda Item No. 10-1092) (Deborah Harrell, Chief of Police) 10. Approval of an Agreement between the City of Milton and Georgia Technology Authority to Obtain Motor Vehicle Reports for Non Public Safety Employees. '~Obtain Item No. 1.0-1093) (Deborah Harrell, Chief of Police) Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (4-0). (Councilmembers Lusk, Hewitt and Tart were not present for the vote). REPORTS AND PRESENTATIONS Interim City Clerk Gordon read the presentation item. 1. A Georgia Cities Week Proclamation. (Presented by Mayor Joe Lockwood) Mayor Lockwood presented a Proclamation in recognition of Georgia Cities Week. 2. A Proclamation Recognizing Milton High School 2010 Georgia AAAAA Boys Basketball Champions. (Presented by Mayor Joe Lockwood) Mayor Lockwood presented a Proclamation in recognition of Milton High School 2010 Georgia AAAAA Boys Basketball Champions. FIRST PRESENTATION Interim City Clerk Gordon read the First Presentation items: Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 5 of 10 1. Approval Of An Ordinance Of The Mayor And Council Of The City Of Milton, Georgia, To Amend The City's Purchasing Policies To Allow For The Option Of Procuring Professional Services Without Competitive Bidding, And For Other Purposes. (Discussed at March 8, 2010 Council Work Session) (Agenda Item No. 10-1094) (Presented by Chris Lagerbloom, City Manager & Ken Jarrard, City Attorney) 2. Presentation of An Ordinance To Amend Chapter 48, Article IV, Traffic Calming And Control Of The City Of Milton's Code Of Ordinances. (Agenda Item No. 10-1095) (Presented by Carter Lucas, Public Works Director) 3. U09-03 — 2880 Mountain Road by T -Mobile South, LLC to obtain a use permit on AGA (Agricultural) zoned property for a 145 foot tall monopole cell tower with an additional 4 foot lightning rod for a total of 149 feet (Article 19.4.7). (Agenda Item No. 10-1096) (Presented by Lynn Tully, Community Development Director) 4. U09-04 — 14495 Hopewell Road by T -Mobile South, LLC to obtain a use permit on AG -1 (Agricultural) zoned property for a 150 foot tall monopole cell tower with an additional 4 foot lightning rod for a total of 154 feet (Article 19.4.7). (Agenda Item No. 10-1097) (Presented by Lynn Tully, Community Development Director) 5. U09-05 — 13302 New Providence Road by T -Mobile South, LLC to obtain a use permit on AG -1 (Agricultural) zoned property for a 150 foot tall monopole cell tower with an additional 4 foot lightning rod for a total of 154 feet (Article 19.4.7). (Agenda Item No. 10-1098) (Presented by Lynn Tully, Community Development Director) Motion and Vote: Councilmember Zahner Bailey moved to approve the First Presentation Items. Councilmember Longoria seconded the motion. The motion passed unanimously (4-0). (Councilmembers Lusk, Hewitt and Tart were not present for the vote). PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Approval of the Issuance of an Alcohol Beverage License to I Love N.Y. Pizza & Attila's Grill located at 980 Birmingham Road, Suite 200, Milton, GA 30004. The applicant is Anar Gafarzada for consumption on premises — wine and malt beverage. (Agenda Item No. 10-1099) (Presented by Stacey Inglis, Finance Director) Stacey Inglis, Finance Director: Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 6 of 10 ,.... Good evening Mayor and Council. This is simply a transfer of ownership. This business has previously held a wine and malt beverage license. The previous owners have sold this business to the new owner Mr. Anar Gafarzada and they have met all of the requirements of the city ordinance. Staff recommends approval of the license. Mayor Lockwood: Any questions? Councilmember Zahner Bailey: I just have one question. I know historically when we had first heard this case, there were two separate businesses and I believe that ownership is being transferred for both collectively, can you just speak to whether or not these two businesses are owned singularly by the same person? Stacey Inglis: They are owned singularly by the same person. Councilmember Zahner Bailey: Singularly, is there ever a need to have two separate licenses based on the two businesses or is it always a function of the individual person? Stacey Inglis: ..., They share the same kitchen. We have gone through this. Because they share the same kitchen, they are considered really one business even though there are separate entrances. You can get to the other business within the same kitchen. Councilmember Zahner Bailey: So are the configurations from before still apply? Stacey Inglis: Yes. Councilmember Zahner Bailey: Thank you. Mayor Lockwood: Do we have any more council discussion or questions? I am now going to close the hearing and ask for a Motion and a second. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item 10-1099, Approval of Alcohol Beverage License Application for I Love N.Y. Pizza & Attila's Grill located at 980 Birmingham Road, Suite 200, Milton, GA 30004. The applicant is Anar Gafarzada for consumption on premises — wine and beverage. Councilmember Thurman seconded the motion. The motion passed unanimously (4- 0). (Councilmembers Lusk, Hewitt and Tart were not present for the vote). ZONING AGENDA (None) UNFINISHED BUSINESS (None) Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 7 of 10 +.. NEW BUSINESS (None) MAYOR AND COUNCIL REPORTS Councilmember Thurman: I just wanted to say that we did have a very nice meeting with representative Tom Price and I appreciate the city for arranging that and providing us with a little something to eat. It was always good to see him and get his insight on what is happening in Washington. I have asked his assistant Kyle to get in touch with you, Chris, because he said that Kyle is in charge of grants and would know where any grant money might happen to be and I figured we could always use whatever grants he could find, so I have asked them to try and get in touch with you on that. Councilmember Zahner Bailey: I would just like to encourage everyone to remember to mark your calendars for this Saturday. The Saturday of this particular week and that date is the 17t' and it is the Earth Day Festival at Birmingham Park and that is a compellation of effort obviously between the Milton Grows Green Committee as well as our staff. Please come and enjoy and learn about the environment and learn a bit more about your park land. There will be some tours being provided by our Parks and Recreation Committee members. It is just a great day to celebrate Milton but to focus on how we can be a greener community and it should be a great opportunity for kids and hopefully the rain will not impact that event on Saturday and the time is mm" from l Oam until 3pm. STAFF REPORTS City Manager Lagerbloom: A couple of things tonight. I wanted to bring your attention to the binder that you have in front of you for this meeting and although tonight's meeting was relatively seamless and quick, I do not expect any of those item to come out for first presentation go as quickly two weeks from tonight. There is a lot of information in there and I would just like to ask that you read it and read it sooner rather than later. If you have questions, we will be happy to answer them but because of the magnitude of the information and the amount, if you come up with questions we will need a fairly decent lead time to be able to get them all answered. I just wanted to point out to you that you should have all of the stuff so please grab a look at it sooner than later. Mayor Lockwood: If I may interject, is there a reasonable time period that we could expect or kind of have a cut off time for questions so the staff can answer them and legal can answer before the meeting? City Attorney Ken Jarrard: With respect to some of the topics just given the fact that some of the questions may need to go to outside sources as well, I would appreciate at least three to four days. Mayor Lockwood: I think it would be safe to say that by early next week around Tuesday or Wednesday if it has to go through Chris. f" Chris Lagerbloom: Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 8 of 10 ..�. I am actually more concerned with questions for the consultant. He is easy to get in touch with but sometimes isn't as fast as the staff is. I just wanted to let you know of a couple of other updates, up and down Deerfield Parkway, you have seen Morris road in various stages of being paved, with good weather they should have that finished by this week and you should start to see the finishing touches going up this weekend. One thing I wanted to have tonight is an executive session to discuss a couple of topics one being potentially litigation and possible land acquisition. We have a weak quorum tonight and I don't think it would be productive in addressing the items that we need to address and there is no time sensitivity that forced us to do it tonight. I say that to say that we do have some urgency to do it before the end of the month, and what I would like to do since I foresee a long meeting on the meeting of the 26`h I would like to get your consensus to potentially have a special called meeting at 5:30 for the purpose of just having an executive session on the 26`h but so that we can still conduct the public's business on time. I would rather do it before the meeting rather than after. If there is no opposition, we will do that. The last thing is to just give you an update. This is a pretty packed week and I also want to let you know, and it's not anything of a crisis matter but my wife will be having a minor surgical procedure on Wednesday and therefore I am not sure what I will be taken out of the loop on, even if it relates to 5 year old transport. If you're looking for me on Wednesday or Thursday, you might have to look outside of City Hall. We will give Lynn the opportunity to discuss Crabapple. loom Lynn Tully: Regarding the property and the business at 860 Mayfield Rd., yes Mr. Bell did contact us and we have been in contact with the property owner. Approximately the last week of February I have been working with him on and off for the last several weeks. We have seen a little progress after each visit. Unfortunately, not as much as we would like as well. There are issues out there for what we have found to be holes in the ordinance in regards to outdoor display of goods for sale. Those things are not clearly addressed for what can be displayed and it doesn't reflect what the public and council desires for that area. We do know that a lot of items are being stored there as well and there are some very clear requirements as far as storage goes and improvements. I would say that this particular property also has some requirements that were placed on is part of a DRB review for a permit that was never actually pulled so those requirements can't be enforced until he pulls that permit for this specific approval that was given. Those requirements are a reflection of the will of that board and the community so I think that it is important for us to try and work with that property owner to get as close to those departments that we can get. So we are working on that. I did want to let you know that we are fully aware of the situation. We are working with the property owners and we will be taking the actions that are necessary quickly. Chris Lagerbloom: Any questions? Councilmember Thurman: I know we have discussed possibly revising our alcohol beverage license so that we do not have to card people that were on walkers, have we decided if we are going to do that? When will that be before us? Chris Lagerbloom: That will be before us at next week's work session. There are four items next week just to give you a preview. There are a couple of different topics for next week's session. Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:OOpm Page 9 of 10 awmw Councilmember Zahner Bailey: Just a quick question to a subset of that, will that also include a discussion as to other possible modifications based on proximity to park land or proximity to residences and how we might modify that for different areas of Milton? Chris Lagerbloom: I thought the whole purpose of going to the work session. I thought I saw what the direction was and sometimes you do that, you think you know what direction is the right direction until you start to think about the unanticipated consequences which is why we pulled it when we did from the regular agenda and decided to go to work session first. Next Monday will be the discussion to figure out what changes if any the council may want. We may have a thorough discussion and decide that the ordinance that we have is purely appropriate but we might not too, and that is what we need to talk about. Councilmember Zahner Bailey: Just anticipating some of those intentions, but also some consequences that we might not want to have happen, is it fair to say that between now and then staff, including our legal council, might have looked at some alternatives that could achieve some of the things that we perhaps discussed individually and collectively without necessarily having any negative consequences but some ways it would allow us to achieve both? Chris Lagerbloom: The answer to your question is yes. We have done that prior to bringing it forward the first time for the mom meeting agenda. So really, we are just going to bring forward what we thought we were going to bring forward in the meeting agenda, and then were going to bring forward in the work session. So the answer *MMO. is yes. What we have already done is have some language written to get us to the starting point. Councilmember Zahner Bailey: Great, thank you. Councilmember Thurman: Can I get a copy of any language that we might have since I will not be here next Monday so I can go ahead and send you my written comments? Chris Lagerbloom: Absolutely. EXECUTIVE SESSION (If needed) ADJOURNMENT (Agenda Item No. 10-1101) Motion and Vote: Councilmember Thurman moved to adjourn the Regular meeting at 6:56 p.m. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 4-0. (Councilmembers Lusk, Hewitt and Tart were not present for the vote). Regular Meeting of the Milton City Council Monday, April 12, 2010 at 6:00pm Page 10 of 10 Date Approved: May 3rd, 2010 Sudie AM Gordon, Interim City Clerk