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HomeMy WebLinkAboutMinutes CC - 08/11/2008 - MINS 08 11 08 SC (Migrated from Optiview)Special Called Meeting of the Milton City Council Monday, August 11, 2008 at 5:30 pm Page 1 of 9 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summaryform. This is an official record of the Milton City Council Meeting proceedings. Oficial Meetings are audio recorded. The Special Called Meeting of the Mayor and Council of the City of Milton was held on August 11, 2008 at 5:30 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL City Clerk Marchiafava called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Tina D'Aversa, Councilmember Alan Tart PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance APPROVAL OF MEETING AGENDA Staff recommended the following change to the meeting agenda. 1. Under New Business, move agenda item 08-644, Authority for staff to proceed issuing COs and related permits for the Manor subdivision, after Public Comment. Motion and Vote: Councilmember Hewitt moved to approve the meeting agenda, as amended. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. PUBLIC COMMENT There was no public comment. NEW BUSINESS City Clerk Marchiafava read agenda item 08-644. (Moved by motion and vote) Authority for staff to proceed issuing Cos and related permits for the Manor Subdivision. City Attorney Angie Davis • The Manor development was zoned by Fulton County and a development permit was issued by them in autumn of 2002. • As a result the Manor Subdivision as it exists in a portion of Milton is generally built out and there are COs that need to be issued and we have had a request that it be considered by the Council as to whether those COs and any other applicable permits and certificates could be issued by staff for this development. • This is similar to the Sembler situation. • She took the liberty to prepare a motion that mirrors the Sembler motion for Council's consideration. • Filled in some blanks to add details associated with this project to make it applicable to the project at hand. • Would achieve the same results as the Sembler motion. • Would authorize staff to issue the COs and any other applicable permits in spite of the absence of constitutional authority to provide sewer service in this area. Mayor Lockwood 0 Asked the City Attorney to read the motion. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 2 of 9 City Attorney Davis • The recommended motion is as follows: I make a motion to authorize Milton staff to issue all necessary permits and certificates of occupancy as to the Manor subdivision in Milton in spite of there being no present constitutional authority for the development to be connected to Forsyth County sewer, based upon the following findings and according to the following terms and conditions: 1. The Manor development in Milton has had a Site Development permit issued by Fulton County, since Autumn of 2002; 2. The Manor subdivision was zoned by Fulton County to be served by a private sewer treatment plant that is located in Forsythe County. 3. The private sewer treatment plant that serves the Manor was subsequently purchased by Forsyth County and is currently owned and operated by Forsyth County. 4. The Manor Subdivision is located within the Etowah Sewer Basin which is a basin where Fulton County has traditionally not provided sewer service based upon the Fulton County 2006 Inter Basin Transfer Ordinance. 5. Milton adopted the Fulton County 2006 Inter Basin Transfer Ordinance and therefore shares the Fulton public policy of not authorizing sewer service in the Etowah Sewer Basin irrespective of whether such sewer service is made available by a private or public sewer treatment plant. 6. Since issuance of the site development permit, the Manor has conducted development operations including the construction of infrastructure, roadways and home at a significant cost to the developer. 7. Citizens of Milton have contracted for the purchase of homes in the Manor, closings have been scheduled and homeowners are poised to move into the newly constructed home. 8. Based upon the above facts the equities of the situation are such that in spite of the lack of authority for Forsyth to provide sewer service, Milton believes it is in the best interest of the citizens for the development to proceed. 9. The authority granted by this motion shall only give application to the Manor Subdivision as platted on the date this motion is approved. 10. Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor Subdivision occurring after the date the motion is approved. 11. The motion shall not serve as authority or acquiescence for any sewer provider in another jurisdiction to provide sewer service in Milton. 12. A statement shall be attached to any CO issued in the Manor development that reads as follows: "Issuance of this CO should not be construed as a waiver by Milton of its right to seek strict compliance of all constitutional entitlements and safe guards concerning the requirement that another jurisdiction may only provide new sewer service in Milton pursuant to Intergovernmental Agreement. The issuance of this CO is a product of a fact specific inquiry and is to have no precedential affect with respect to any other development." Motion and Second: Councilmember Tart moved to accept the motion as read into the record. Councilmember Lusk seconded the motion. No Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 3 of 9 Discussion on the motion: Councilmember Thurman • Would like to make sure with the representative from the Manor has no problem with the motion. • She no issue that may come up later. Lee Duncan, 515 Rivercrest Court, Atlanta, 30328 • Fulton County never rezoned the property. • It has always been AG 1. City Attorney Davis • Changed the motion to say it was contemplated by Fulton to receive service from a private treatment plant. Councilmember Zahner Bailey • Subsequent to the motion to confirm specific language. • Would it be appropriate that if it was not zoned from AG 1 to something else, but whatever that terminology would have been at the time, if we could have a clause that says we will confirm for the record either through staff or the attorney. Because she is not sure how the private sewage treatment, if there needs to be something stronger than contemplated, if we could make reference to that subsequent to the motion itself. • Was confused by the reference that it is not a zoning that would be AG 1 because the sewer plant was in Forsyth County. • Cautious to the terminology used. City Attorney Davis • Asked Mr. Duncan if Fulton issued any approval for the sewer treatment plant itself. Lee Duncan • No, but they did have an agreement with Fulton prior to the issuance of a land disturbance permit as to the utilization and the expansion opportunities of the treatment facility. • Asked if that was what she was asking. City Attorney Davis • Not exactly, but it is important information. • The critical issue is the fact that a site development plan permit was issued. • That is what let them go forward and that has put us where we are today. • We do not feel it is appropriate equitably to stop them with their development. • The notion of the zoning was an effort to have some historical representations as to what happened and how far back this development goes. • We can seek some clarifications and add those, but it may not be necessary. • She would be a little bit concerned to leave things open ended. • When we adopt the motion, it needs to be quite specific and she would not want to leave open fact issues. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 4 of 9 Lee Duncan • We have been very clear in the documentation and with any plats that have been approved to date there is always language on the plats that the service area for the manor will be restricted in Fulton County or now Milton, to the Manor property itself. • That does not mean that Forsyth County may not be able to expand their treatment areas within Forsyth County or other areas but as it relates to the City of Milton on the plats themselves, it is restricted. • We cannot go beyond the boundaries of our private property. • We have plenty of written documentation as to what can and cannot be done. • Would suggest they clear up paragraph 10 which reads; Sewer service shall be prohibited for any new lots that are platted or required as part of expansion of the Manor Subdivision occurring after the date this motion is approved. • Assumes that pertains only to the City of Milton. Councilmember Zahner Bailey • Asked if it would help to reference the specific number of lots that this applies to. Lee Duncan • Why not just say; any lots to be developed within the City of Milton because you are going to change lot lines; that is inevitable. • There will be situations where there will be drainage lines that used to be on a piece of paper and get in the field and find out they change. Councilmember Zahner Bailey • Would ask that we find some way to legally reference this specific parcel so that it is clear. • We do not want to have to come back with misinterpretation later. Lee Duncan • Thinks that in the event the Council goes to that action and there is a deviation from that action, it would require them to come back before the City Council to have that modified. Councilmember Zahner Bailey • Just suggesting that we capture it legally in a way that references the lots. Lee Duncan If Community Development Director Alice Wakefield is allowed, he thinks she has a concept plan that has been approved and that would give Council some legal definition of what the Manor property would be. City Attorney Davis • His correction about the zoning; perhaps there was not official action by Fulton County except for this agreement. a" • Does not know that we have to reference that or want to suggest we are incorporating that here. • Suggest that paragraph 2 as read would simply reference the zoning. MW Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 5 of 9 • We might modify that to read as follows: the Manor Subdivision was approved for development by Fulton County to be served by a private sewer treatment plant that is located in Forsyth County. • We said in the previous paragraph that they issued the site development permit so that is consistent. • The site development permit was issued based on the ability to procure the sewer from the Forsyth County plant. Councilmember Zahner Bailey • Her hesitation is this case went before the Board of Zoning Appeals for over a year and half. • She does not know that Fulton County ever agreed that it would be served by private sewer. • We need to be careful that we are not approving more in that modified language than would be consistent with that historic record. City Attorney Davis • We could skip the second paragraph that dealt with zoning and move- on to say the private sewer treatment plant that serves the Manor was subsequently purchased by Forsyth County and is currently owned and operated by Forsyth County. • The sentence that says the Manor subdivision was zoned by Fulton County to be served by a private sewer treatment plant that is located in Forsyth County could be deleted. Councilmember Zahner Bailey • We want to indicate that this occurred prior to us becoming a jurisdiction. • The actions were of Fulton County so rather than delete it in total could we make reference to the fact that in autumn of 2002, Milton did not exist so any of those decisions predated the City of Milton. City Attorney Davis • We do have a date there. • In our legal opinion that is the relevant fact that brings us here today. • The rest is providing some fact context to make plain what has occurred with this development. Mayor Lockwood • We will respect the legal opinion and asked City Attorney Davis if she was comfortable with the rest of the motion. City Attorney Davis • Suggested they delete the second paragraph because she thinks it is a little more detail on the first paragraph. • The issues that were raised on the plats and the concerns about ensuring there is a limited number of lots approved she read the operative previsions of the motion. • Paragraph 9 the authority granted by this motion shall only have application to the Manor Subdivision as platted on the date this motion is approved. • Number 10 stated sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor Subdivision within the City of Milton occurring after the date this motion is approved. Special Called Meeting of the Milton City Council Monday, August 11, 2008,6:00 PM Page 6 of 9 • She thinks that achieves the purpose by recognizing what is under construction right now and nothing more. Motion Withdrawn: Councilmember Tart withdrew the motion so it could be restated with the amendments. Councilmember Lusk withdrew the second to the motion. Motion and Second: Councilmember Tart moved to accept the motion as read into the record by the City Attorney with the deletion of paragraph 2 and the addition in paragraph 10 of the phrase in the City of Milton. Councilmember Lusk seconded the motion. Mayor Lockwood asked if the City Attorney would read the motion with the amendments into the record. City Attorney Davis read the motion for the record: I make a motion to authorize Milton staff to issue all necessary permits and certificates of occupancy as to the Manor subdivision in Milton in spite of there being no present constitutional authority for the development to be connected to Forsyth County sewer, based upon the following findings and according to the following terms and conditions: I. The Manor development in Milton has had a Site Development permit issued by Fulton County, since Autumn of 2002; 2. The private sewer treatment plant that serves the Manor was subsequently purchased by Forsyth County and is currently owned and operated by Forsyth County; 3. The Manor subdivision is located within the Etowah sewer basin, which is a basin where Fulton County has traditionally not provided sewer service based upon the Fulton County 2006 Inter - Basin Transfer Ordinance; 4. Milton adopted the Fulton County 2006 Inter -Basin Transfer Ordinance, and therefore shares in Fulton County's public policy of not authorizing sewer service in the Etowah sewer basin, irrespective of whether such sewer service is made available by a private or public sewer treatment plant; 5. Since issuance of the Site Development permit, the Manor has conducted development operations, including the construction of infrastructure, roadways, and homes — at significant cost to the developer; 6. Citizens of Milton have contracted for the purchase of homes in the Manor, closings have been scheduled, and homeowners are poised to move into the newly constructed homes; 7. Based upon the above facts, the equities of the situation are such that in spite of the lack of authority for Forsyth County to provide sewer service, Milton believes it in the best interest of its citizens for the development to proceed; 8. The authority granted by this motion shall only have application to the Manor subdivision as platted on the date this motion is approved; 9. Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date this motion is approved; 10. This motion shall not serve as authority or acquiescence for any sewer provider in another jurisdiction to provide sewer service in Milton; Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 7 of 9 11. A statement shall be attached to any CO(s) issued in the Manor development that reads as low follows: "Issuance of this CO should not be construed as a waiver by Milton of its right to seek strict compliance of all constitutional entitlements and safeguards concerning the requirement that another jurisdiction may only provide new sewer service in Milton pursuant to an Intergovernmental Agreement. The issuance of this CO was the product of a fact specific inquiry and is to have no precedential effect with respect to any other development." Discussion on the motion: Councilmember Lusk • For the sake of correct terminology, he would suggest they replace sewer treatment plant to read sewage or waste water treatment plant. Councilmember Zahner Bailey • Depending on Forsyth and those agreements that are not before us depending on how those documents might refer to it would there be legally any reason that the reference to sewer plant versus sewer versus waster water treatment plant would matter. City Attorney Davis • She does not think so. Lee Duncan • The proper term according to the permit is the Manor Wastewater Treatment Facility. Amendment to the motion: Councilmember Tart moved to change paragraph 2 to read as follows: The private wastewater treatment plant that serves the Manor was purchased by Forsyth County and is currently owned and operated by Forsyth County, and is referred to as the Manor Wastewater Treatment Facility; Second: Councilmember Lusk seconded the amendment to the motion. Vote: The motion passed unanimously. Vote: The motion to the amendment passed unanimously. PUBLIC HEARING City Clerk Marchiafava read the Public Hearing agenda item. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. (First Public Hearing held on July 21, 2008, Second Public Hearing held on August 4, 2008) !►""' Finance Manager Stacey Inglis • This is a request to approve the 4.731 mills for the 2008 tax digest. • It is the same millage rate as last year but because there is growth in the digest and value reassessments we are experiencing a 4.02 % increase in digest. • The total is $2,179,886,473. Special Called Meeting of the Milton City Council Monday, August 11, 2008,6:00 PM Page 8 of 9 • When we apply the millage rate to that figure the total taxes levied would be $10,313,043. • That includes property taxes and motor vehicle taxes. • The first Public Hearing was on July 21 S` • The second Public Hearing was on August 41n • Tonight is the final Public Hearing and adoption of the millage rate. • Fulton County is striving to mail the tax bills on August 15`n • Our Charter states that we have to follow the same bill date and due date that Fulton County has. • We received the digest today. • We will strive to get the bills out by Friday. • The taxes are due October 31" and the state requires you give tax payers 60 days notice. • If we bill before September ls` we will be within the 60 day guide line. • The most important date in staying with the Charter is the due date. • We need to have the taxes due on the same date as Fulton County. • We have a printer lined up and ready and will try to get them out by August 15`n but we have to get everything loaded in the system. • It may be early next week before we get them out but we will still have the same due date as Fulton County. City Manager Beckett • Sent Council some information on the Governors decision to freeze the homeowners tax relief grant. • We just received the digest today but we know last year it would have represented about , No $250,000 for the City or $37.84 per eligible homesteaded property. • We recommend granting the credit with the hope that the State Legislature will come through with all or a portion of the money that is missing. • It is about $428,000,000 state wide and they are over 1 billion dollars in the red so they will have to scrambler to come up with the money. • Some communities are putting a proviso on the tax bill as they mail them out that there may be another billing later on to recoup the money. • Recommends we do that also. • He is trying to build a budget predicated on $250,000 that maybe priority and if the General Assembly releases that money prior to March we would set those funds aside and not expend any money or effort toward those particular projects until we know whether or not we had the money. • It is fairly significant to our budget. • He recommends we send the bills with the credit contained in the bill. There was no Public Comment. The Public Hearing closed. Mayor Lockwood asked if there were any questions from Council. Councilmember Zahner Bailey • Concurred it is important to provide those credits. Special Called Meeting of the Milton City Council Monday, August 11, 2008, 6:00 PM Page 9 of 9 • Asked if the language has to be specific just to ensure that legally we protect ourselves and if we need to discuss what the proviso would be. City Manager Beckett • We would model it after any community that was sending it out. • We just determined today that was an option to us. Councilmember Zahner Bailey • Would it be reasonable to have the City Attorney look at it to make sure we are covered legally? City Manager Beckett • If it is Council's wish. Mayor Lockwood We will leave it up to the City Manager to address that. Councilmember Zahner Bailey • Asked how many tax bills we were sending out. Finance Manager Inglis • A little more than eleven thousand. UNFINISHED BUSINESS City Clerk Marchiafava read agenda item 08-627. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Ordinance No. 08-08-22 Finance Manager Inglis Staff recommends approval for the 4.731 millage rate. Motion and Vote: Councilmember Thurman moved to approve an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. ADJOURNMENT After no further discussion, the meeting adjourned at 6:15 p.m. Motion and Vote: Councilmember Lusk moved to adjourn the Special Called Meeting. Councilmember Hewitt seconded the motion. There was no Council discussion. The motion passed unanimously. rm Date Approved: September 3, 2008 t Jea tte R. Marchiafava, City Clerk Joe Lockwoo a or