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HomeMy WebLinkAboutMinutes CC - 03/02/2009 - MINS 03 02 09 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, March 2, 2009 at 6:00 pm Page 1 of 19 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 am" 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. Official Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on March 2, 2009 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Patrick Abent, Reverend, Inner Quest Church, led the invocation. CALL TO ORDER Christian Aames (Mayor for a Day winner) called the meeting to order. Mayor Lockwood • Introduced Christian Aames. • He spent some time touring City Hall and talking to all of the different departments. • He rode in a police car. • He asked Christian to help preside over this meeting. 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 Tina D'Aversa, Councilmember Alan Tart Council Member Absent: Councilmember Burt Hewitt was absent/excused. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance Mayor Lockwood • He went to Hopewell Middle School a couple of weeks ago and for extra credit the classes were asked to write an essay on "If I were Mayor for a day what I would do." • He and the teachers read through the essays and they picked Christian's essay. • He has spent some time learning about city government. • It was interesting that a lot of the essays were very close to what he actually does. • He read the following essay written by Christian. Dear Mr. Mayor: Please choose me to be Mayor for a day. These are some of the reasons you should choose me. One reason I want to learn how to take part in your political job and I want to learn what it is like to manage a city. I also want to use big scissors. I also want to learn your tree policy. We need to plant more trees than we are taking down. I also want to know if your police cars and fire trucks are environmentally safe. Could you make it illegal to buy gas guzzler cars? I also want to ask you if you could ask the school board if it is colder than 25% Fahrenheit if they could delay school. I also want to ask if we can have a snow day if it is below 20% Fahrenheit. I also want to ask if it is ok to lower the tax rate on groceries. These are some of the reasons I think I should be Mayor for the ■" day. Your hardest working student, Christian Aames It cinched it when he said P.S., You are the best Mayor so far. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 2 of 19 Councilmember D'Aversa • Thanked the City and Mayor Lockwood for hosting Christian. • Thanked his mother, uncle and little sister for coming out and spending time with us. • There were a number of students that wrote essays and they are being submitted to GMA. • GMA hosts a contest for sixth grade students only every year and they have the opportunity to win a $250 savings bond. • We hope Christian's essay wins and they have submitted several from Hopewell Middle School. • She is very proud of all of the students. Mayor Lockwood • Presented Christian's family with some gifts. • Asked Allie Taylor to make sure there was a picture of Christian on the City web site. City Clerk Marchiafava read agenda item 09-806. APPROVAL OF MEETING AGENDA Staff recommended the following changes to the Meeting Agenda. Under Reports and Presentations, defer to the March 9TH Work Session, update on the performance measurement program. Bob Munro's flight was cancelled and there are no other flights into Atlanta today. 2. Under Unfinished Business, Staff would like to defer indefinitely appointments to the ■ od Historic Preservation Committee, and any remaining appointments to the Highway 9 Committee. 3. Add to New Business, Approval of Fulton County Arts Council's 2008/2009 Contracts for Services Program for an award of $3,385 for the contract period from July 1, 2008 through June 30, 2009. 4. Add an Executive Session to discuss potential land acquisition and potential litigation. Motion and Vote: Councilmember Tart moved to approve the Meeting Agenda, as recommended by staff. Councilmember D'Aversa seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council. • To provide input and opinions for any matter that is not scheduled for it's own Public Hearing for today's 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. 0 You will have five minutes for remarks. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 3 of 19 CONSENT AGENDA City Clerk Marchiafava read the following Consent Agenda items. (Agenda Item No. 09-807) 1. Approval of the February 9, 2009 Work Session Minutes. (Agenda Item No. 09-808) 2. Approval of the February 18, 2009 Regular Meeting Minutes. (Agenda Item No. 09-809) 3. Approval of a contract with Mauldin & Jenkins, LLC to audit the City's financial statements and perform a single audit for the fiscal year ending September 30, 2008. (Agenda Item No. 09-810) 4. Approval for the Police Department to enter a multi-year contract with Command Uniforms to provide necessary equipment for uniformed police operations. (Agenda Item No. 09-811) 5. Approval of the Financial Statements for the period ending January 2009. (Agenda Item No. 09-812) POW 6. Termination BRPH, Inc. contract. Motion and Vote: Councilmember D'Aversa moved to approve the Consent Agenda as read. Councilmember Thurman seconded the motion. The motion passed unanimously 6-0. Returned to Public Comment Steve Casey, 735 Cable Road, Milton, Georgia • Asked to read a comment for the person living at 14500 Nix Road. • Built home on Nix Road seven years ago for the purpose of living on five acres with the understanding gravel roads are not perfect. • During the first five years with Fulton County the road was maintained. • When Milton became responsible for the maintenance it was only after several complaints from residents they attempted to correct the problem. • They appreciate the efforts of Milton but they have failed. • The end results are property damage and the expense is being born by the residents. • There are dangerous conditions. • There have been incidents of people sliding off the road under the current conditions. • This is a public road and not a trail. • The residents are subjected to the use of the road under all conditions which has deteriorated to an un - drivable and unsafe condition since the work by Blount Construction has began. • The work has not resolved to problem. • Request a decision on the corrective action now with a written schedule for the work to be completed and a written commitment to quarterly maintenance and written commitments to restitution for damage to personal property. • Mayor Lockwood visited the property and saw firsthand the damage that has been done to cars, landscape and hardwood. • Other property owners have shared the need to have responsible parties bare the expense of the damage. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 4 of 19 iviarcia v'Naughnessy, 1135 Nix Road, Milton, Georgia • Would like to echo the letter just read. • The cement stabilization has been a huge improvement to the road and they would really like to see the whole road finished in that way. • She appreciates that people like the gravel roads for the ambience but the residents are stuck with it for good or ill. City Clerk Marchiafava read the following e-mail correspondence into the record. Dianna Teal Dear Mr. Lockwood, I am a resident of the City of Milton and I actually live on Nix Road. I understand that there will be a vote tonight to determine whether or not the resurfacing of the road will be completed using the test strip materials. I am not able to be there due to a family commitment however, I would like this read on my behalf. I want to state for the record that my husband and I are very much in favor of this. Also in talking with some of my neighbors, I understand that they approve of this as well. I understand that there are some people that state they enjoy using Nix as their local park. As a stay at home mom, I have not seen a large number people walking on the road regardless of what has been stated previously by others. A larger degree of weight should be given to what the residents of Nix Road have to say about the road. We have been the ones who have had to suffer due to damage to our assets. We are also the ones who have to drive on the road and have to be put at risk due to the dangerous condition of the road. Please listen to the residents of Nix Road and approve the resurfacing of the road using the surface material applied to the test strip. That completed public comment. PUBLIC HEARING City Clerk Marchiafava read agenda item 09-820. Approval of Alcohol Beverage License to Celtic Rising, LLC d/b/a Olde Blind dog, 12650 Crabapple Rd, Milton, Georgia. The applicant is Jose Creamer for Consumption of Premises — Wine/Malt Beverage/Distilled Spirits. Finance Manager Stacey Inglis • The applicant has met all requirements for the City Ordinances. • Staff recommends approval. There was no public comment. Motion and Vote: Councilmember Thurman moved to approve agenda item 09-820 Approval of Alcohol Beverage License to Celtic Rising, LLC d/b/a Olde Blind dog, 12650 Crabapple Rd, Milton, Georgia. The applicant is Jose Creamer for Consumption of Premises — Wine/Malt Beverage/Distilled Spirits. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. FIRST PRESENTATION City Clerk Marchiafava read agenda item 09-813 U09-01 / VC09-01, 13120 Arnold Mill Road, by Frank Schaffer, The Landscape Group, Inc. - To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3 -part concurrent variance: Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 5 of 19 1) To delete the 50' buffer and 10' improvement setback along the west property line +ma from the right-of-way for a distance of 140' (12H.3.1 Section C.1). 2) To delete the 50' buffer and 10' improvement setback along the east property line from the right-of-way for a distance of 140' (12H.3.1 Section C.1). 3) To allow a sign located less than 10' from the right-of-way (Article 33 Section 21.0 Motion and Second: Councilmember D'Aversa moved to approve the First Presentation agenda item 09-813 U09-01 / VC09-01, 13120 Arnold Mill Road, by Frank Schaffer, The Landscape Group, Inc. - To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3 -part concurrent variance: 1) To delete the 50' buffer and 10' improvement setback along the west property line from the right-of-way for a distance of 140' (12H.3.1 Section C.1). 2) To delete the 50' buffer and 10' improvement setback along the east property line from the right-of-way for a distance of 140' (12H.3.1 Section C.1). 3) To allow a sign located less than 10' from the right-of-way (Article 33 Section 2 L Vote: Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. UNFINISHED BUSINESS City Clerk Marchiafava read agenda item 09-798. N•• Approval of a Resolution Amending Resolution No. 09-02-77, A Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance by appointing committee members. RESOLUTION NO. 09-03-85 Councilmember Thurman • Her nominee is John McMillan. • He is a resident of Milton and a business owner on Highway 9. • He was involved in the original Highway 9 design guidelines many years ago. • He will be a big benefit to the committee having built both an office building and also commercial properties with those guidelines. Motion and Vote: Councilmember Lusk moved to approve a Resolution Amending Resolution No. 09-02- 77, A Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance by appointing John McMillan for District 1. Councilmember D'Aversa seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. Councilmember Zahner Bailey • Her nominee is Anna Anton. • She and her family live on the horse farm adjacent to the Highway 9 area. Own • She has lived in the Milton area for almost 16 years. • She is an avid equestrian as a trainer and business person. #AW • She has a background in sales with AT&T and Lucid Technologies. • Her father is a Presbyterian Minister that many have known. • She brings a tremendous amount of involvement in the community. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 6 of 19 • one maicatea that being a land owner on Hopewell Road means functioning without the protection of a neighborhood or homeowners association. • Property value depends on the zoning and design guidelines that are established by the corporative efforts or have been by Fulton County, Alpharetta and Milton. • She is willing to volunteer her time to ensure that all of those that pass through our town get the Milton message which is that we are a distinctive community. • She functions in the Highway 9 area everyday so she will bring a tremendous balance of business as well as homeowner perspective. Motion and Vote: Councilmember D'Aversa moved to approve A Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance by appointing Anna Anton for District 2. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. Oath of Office Mayor Lockwood administered the Oath of Office to Anna Anton and John McMillan for the Highway 9 Design Guideline Committee. City Clerk Marchiafava read agenda item 09-799. Approval of a Resolution Amending Resolution No. 09-02-82, A Resolution to Create a Citizen Advisory Committee for City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence by appointing committee members. RESOLUTION NO. 09-03-86 Councilmember Thurman • Her nominee is Cathy Rhea. • She earned a Bachelor of Science degree from Shepherd College in West Virginia and is also a paralegal. • She has volunteered as a Cub Scout leader and Odyssey of the Mind leader, a Sunday School Superintendent as well as a Sunday School Teacher. • She has volunteered at Crabapple Crossing Elementary, Northwestern Middle and Milton High School. • She lives between the two intersections so she is well qualified for this. • She thinks Milton is a beautiful city and she wants to help keep it this way. • She wants to assist in bring forth a solution to the safety issue for this intersection. Motion and Vote: Councilmember Zahner Bailey moved to approve a Resolution Amending Resolution No. 09-02-82, A Resolution to Create a Citizen Advisory Committee for City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence by appointing Cathy Rhea for District 1. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. Oath of Office Mayor Lockwood administered the Oath to Cathy Rhea for the Citizen Advisory Committee for City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold mill at New Providence. ,..,. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 7 of 19 NEW BUSINESS City Clerk Marchiafava read agenda item 09-815. Approval for the Public Safety Department to join the several municipalities and the State of Georgia in a grant application request to purchase field -reporting hardware for Pre -Hospital Emergency Medical Service operations Lieutenant Matt Marietta • All of the Public Safety disciplines have certain reporting requirements to the state and federal level to keep track of statistics for the types of calls. • They also have it for EMS because our fire department provides first responder service and EMT service. • They are required to report to the State of Georgia. • In an effort to be more progressive requested they participate in a multi jurisdictional application for purchasing lap top computers and programs to put in all of their apparatuses in order to expedite the process. • He asked for Council's blessing in joining with the state and several municipalities within the state. Councilmember Thurman • Asked if this was a 100% grant. Lieutenant Marietta • There is no matching amount. Motion and Vote: Councilmember Tart moved to approve agenda item 09-815 Approval for the Public Safety Department to join the several municipalities and the State of Georgia in a grant application request to purchase field -reporting hardware for Pre -Hospital Emergency Medical Service operations. Councilmember D'Aversa seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. City Clerk Marchiafava read agenda item 09-816. Approval of a grievance procedure and form for ADA Disability Complaint Resolution. RESOLUTION NO. 09-03-87 ADA Coordinator Marie Latta • The grievance procedure has been revised since last month. • The complaint form was made to be very simple and it complies with what the federal government expects. "am • It is user friendly which is the goal of it. • Item 14 of the grievance procedure has been revised to reflect the change from 15 days to boo possible within 48 hours. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 8 of 19 Motion and Vote: Councilmember D'Aversa moved to approve agenda item 09-816, Approval of a grievance procedure and form for ADA Disability Complaint Resolution. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. City Clerk Marchiafava read agenda item 09-817. Approval of Street Light Acceptance Agreement. Public Works Director Drake • This would typically go on the Consent Agenda, but he wanted to give some background. • The City and the administration at Crabapple Crossing Elementary School have been meeting for the last six months to look at safety improvements along Birmingham Highway and part of that is the grant application for the safe routes to school. • There is a mid block cross walk on Birmingham and the problem is in the mornings when it is dark, it is difficult to see the crosswalk or the students. • This is for Georgia Power to put two new street lights at the crosswalk and this is a phenomenal fee of $150 for the moving. Councilmember Zahner Bailey • Asked if it was on a pole that is consistent with the overlay or what sort of pole and light is it. Public Works Director Drake • It is a standard street light on wooden poles. • It does not have an arm. • It is on a standard telephone pole. Councilmember Zahner Bailey • Asked about the timing of the lights. Public Works Director Drake • They are light censored so they will be on when it is dark. Councilmember Zahner Bailey • Because there are some houses in the area, her concern is it will illuminate the area when they do not have children crossing the road. Public Works Director Drake • They could have that discussion with Georgia Power. Councilmember Zahner Bailey • It would be great if they could explore the possibility of a timer. • We want to solve the safety problem but we do not want to cause another. Public Works Director Drake • He will follow up on that. Councilmember Lusk Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 9 of 19 • As a point of clarity, asked if they are removing three existing high pressure sodium fixtures and installing one new one. Public Works Director Drake • They are removing three and installing four of the four hundred watts. Councilmember Tart • Asked what the cost comparison would be if they bought them. Public Works Director Drake • He would have to check that. Mayor Lockwood • Speaking from experience, the problem is maintenance. • The cost to service one bulb out is astronomical and with the service agreement it is taken care of. Councilmember Zahner Bailey • Knowing that the night sky ordinance requires certain parameters, asked if this meets those parameters. Public Works Director Drake • He will verify that. Motion and Vote: Councilmember Lusk moved to approve agenda item 09-817 Approval of the Street Light Acceptance Agreement. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. City Clerk Marchiafava read agenda item 09-818. Approval of Task Orders and Change Orders: 1. Gravel Roads Reconstruction Change Order #2 with Blount Construction Company, Inc. with a total credit of $29,958.00; 2. Gravel Roads Reconstruction Change Order #3 with Blount Construction Company, Inc. with a total credit of $17,210.93; 3. Task Order 09-KHA-04 from Kimley-Horn & Associates, Inc. (United Consulting) for additional gravel road testing with a total cost of $9,492.21; 4. Task Order 09-KHA-05 from Kimley-Horn & Associates, Inc. (KCI Technologies) for gravel road construction inspection with a total cost of $5,305.05. ON" Public Works Director Drake • The city initiated a $201,000 project in October of 2008 for major reconstruction of four gravel moo roads. • We had issues with the gravel that was delivered to the roads and they are looking for a corrective action. • The city, engineers and contractors came together with a solution and tested it on Nix Road. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 10 of 19 • The solution consisted of pulverizing gravel with the base up to eight inches and mixing in 5% mixture of cement powder to stabilize the surface. • This resulted in a positive test. • The road is more resistant to water and the damage it typically does to gravel roads. • The road has a more stable and durable surface. • Proper care of the cement stabilizing material is important and will be monitored. • Dust abatement through calcium chloride creates a seal on the road and is placed after a seven curing period. • Staff asks for approval for the two Blount change orders for the gravel road contract and two task orders with Kimley Horn. • The change order for $29,958 has two major components. • The first is a swap of $7,428 of fifty two tons of cement powder for an equal amount of dollars for four hundred eighty eight tons of aggregate surface course. • This also credits back $29,958 that was part of change order number one. • Change order number three for $17,210 has a zeroing out of $63,996.80 of cement powder. • There are also credits for $7,718.72 and $9,492.21 for engineering and testing cost as part of the corrective measures. • Blount has agreed to pay for this cost. • The third item is $9,492.21 change order for work that has already been performed in January and February for testing and inspections and engineering recommending next actions of the roads. • The final task order is for the upcoming 2.3 miles so it would go hand in hand with the $17,210. • $5,305 is for five whole days and five half days of inspection services plus four hours of project management. • This process and change order is only for the 2.3 miles of the thirteen miles of the gravel roads in the City of Milton. • This does not address the ten plus miles of the remaining gravel roads. • He received six questions that he would like to answer as follows. • Is it still a gravel road after this is done? Yes it is. It is not a paved road or a concrete road but a stabilized gravel road. • Is there an issue with run off with the new surface? There is a slightly higher run off which may increase the velocity of the water in the ditch. They will monitor any erosion issues with the ditches and may need to place riff raff in certain locations if this is an issue but this is no different than observing the ditch issues with traditional gravel roads. • Is there a smell or oily residue associated with this product? There is no chemical used in cement stabilization. As the cement is hydrating and crystallizing in the initial set, there is a distinct smell which may be similar to petroleum smell. This goes away after the initial set. There is no oily residue associated with this. • Will cement stabilization reduce maintenance cost? There is a very minimal maintenance required long term with this. The material is designed to hold up and it is making a gravel road more stable. • Is there cracking in the road? The shrinkage cracking is going to occur in the first thirty days. To reduce this cracking, surface should have the right cement content which we set at 5% and be properly cured. • What are the maintenance and requirements and associated cost? Maintenance cost is lower. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page I 1 of 19 • What did Fulton County use prior? They used a crusher run from the Vulcan quarry and calcium chloride dust abatement. Mayor Lockwood • Asked if in the opinion of staff this was the most fiscally responsible direction for the city to go with on these roads. Public Works Director Drake • They think this is the best action which includes the fiscal effectiveness. Mayor Lockwood • Asked if there was anything that would preclude them later as they are maintained to spread a layer of 57 stone over the top to make sure it still had the gravel. Public Works Director Drake • As the road deteriorates, you will see more gravel coming up and we could add stone or some crusher run on top of this. POW Councilmember Lusk • The first two line items in change order #3, removing the aggregate surface course is $64,000 • and cement powder which is $64,000 is a wash so in effect is we are deleting the aggregate that was specified in the original contract at no cost to the city and we are substituting Portland cement mix in the total soil cement process, so we are getting 2.6 miles of soil cement stabilized road rather than the aggregate that was specified originally at no additional cost, asked if that was correct. Public Works Director Drake • That is accurate. Councilmember Zahner Bailey • Asked if he could speak to the experience that public works or the contractors or sub contractors have beyond the thirty days that we have experienced it. Public Works Director Drake • Blount has had quite extensive experience with cement stabilization for traditional roads and gravel roads using more of soil cement. Councilmember Zahner Bailey • Asked what the process would be going forward if this did not work in regards to the contract. Public Works Director Drake • We have the opportunity during the installation and until the final close out of the contract for inspection. • That includes soil and material testing as well as the inspection of the proper application. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 12 of 19 Mayor Lockwood • Basically we have the same kind of guarantee or warranty we would with a gravel road. Councilmember Zahner Bailey • Part of her thought was that the $63,000 or roughly $64,000 would have been material but the wrong material was delivered so it is a replacement cost but we never did get the correct aggregate delivered. • Knowing the cement stabilization would be applied and knowing phase 2 might be to add back into 57 stone or crushing run, asked if there was any discussion or consideration in the scenario where a portion of that $63,000 could be set aside to help us fund the addition of that aggregate. • Asked how we would fund that if we do not talk about that as a function of this process. • Asked if we know what the cost would be to add back the 57 stone or the crusher run. Mayor Lockwood • Even though the other material was wrong and this is a replacement, the city is coming out further ahead financially because this is a more expensive product. Public Works Director Drake • He thinks we are getting a much more superior product as a result of this. Mayor Lockwood • The practical answer - there is no guarantees. • We may decide one day that it was not the right thing but this seems like the best solution. • Staff thinks we are moving ahead in the right direction and hopefully that is the case but there is no 100% a" guarantee. Councilmember Zahner Bailey • She realizes we need a solution for these roads because the material there is not appropriate. • She just wanted to anticipate the funding for the potential of needing to incorporate that aggregate. • Knowing that there was some shared responsibility, she just wondered if they pursued the discussion with the contractor before it was signed off on, they would help bear the cost if we felt that additional aggregate might be necessary. Mayor Lockwood • At a later date with our typical maintenance that is something we might have to do and we would have to fund it at that point anyway. Councilmember D'Aversa • Asked how long they said the material was supposed to last before something further has to be done to it. Public Works Director Drake • Unlike the traditional gravel roads which has a lifespan of maybe three to six months or a heavy rain, this has an estimated lifespan of somewhere between 10 to 15 years, so he is told, without major maintenance. Councilmember Lusk *OR • This is just the cost of the material itself and it does not include the cost of labor and equipment so he r.rri thinks we are getting a tremendous deal for a trade off of material. • Down the road they can anticipate it will cost a little more per square yard to do this but the life cycle cost of using this procedure is going to be fiscally responsible. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 13 of 19 No Councilmember Tart • He agrees they want to preserve the gravel roads and he is interested in the financial aspect. • He does not think it is a precedent setting thing they are trying to do but he does worry that this will set in motion what they do for all of the gravel roads and that will drastically change the ambiance and appearance the gravel roads bring. Councilmember Thurman • Her main concern would be cost and it sounds like this would save us over what had previously been on the road. City Manager Lagerbloom • What has been negotiated with Blount at this point is the different solution that he thinks is a more expensive solution and they have also agreed to reimburse $17,210 engineering fees, that is where our negating has been at this point. • It is not as if we just walked away from it and said we are happy with a different product. • We went to them and they agreed that those cost should be borne by them to answer Councilmember Zahner Bailey's question we have not gone to them with any concept of sharing any cost of any extra stone. Councilmember Zahner Bailey • They had discussed having a community meeting of gravel road citizens and asked if they could have a AM" brief comment on that. ift" Mayor Lockwood • We have discussed it and we were thinking at this point they need to stabilize this test section and that will give us more to discuss after we get some time on that, to have a community meeting on that before we move forward on the remainder. Councilmember Zahner Bailey • Asked if it would be reasonable that we would try to have that meeting before we make a decision on those additional miles of roadway. Mayor Lockwood • Absolutely. Councilmember D'Aversa • With regard to mitigating any damages that were done to property by the materials that were placed prior to this material, asked how that would be handled. City Attorney Jarrard • That is an issue that was raised today and it may something to address in another forum. Councilmember D'Aversa • Asked if there was anything that would preclude them making a decision now with respect to that issue. City Attorney Jarrard • No, that is not a concern to the contractual rights. Motion: Councilmember D'Aversa moved to approve agenda item 09-818, Approval of Task Orders and Change Orders: Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 14 of 19 1. Gravel Roads Reconstruction Change Order #2 with Blount Construction Company, Inc. with a total credit of $29,958.00; 2. Gravel Roads Reconstruction Change Order #3 with Blount Construction Company, Inc. with a total credit of $17,210.93; 3. Task Order 09-KHA-04 from Kimley-Horn & Associates, Inc. (United Consulting) for additional gravel road testing with a total cost of $9,492.21; 4. Task Order 09-KHA-05 from Kimley-Horn & Associates, Inc. (KCI Technologies) for gravel road construction inspection with a total cost of $5,305.05. Second and Vote: Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. City Clerk Marchiafava read the next agenda item. Added by Motion and Viae Approval of Fulton County Arts Council's 2008/2009 Contracts for Services Program for an award of $3,385 for the contract period from July 1, 2008 through June 30, 2009. Project Coordinator Linda Blow • She is happy to answer any questions Council may have. • She is taken aback that she was able to get this and it is a matching grant. • She is thrilled to have it. City Manager Lagerbloom • We just got this from Fulton County and the issue as it relates to our seven day requirement to get something on the agenda is that this contract is due back to Fulton County before the next regularly scheduled meeting. • Adhering to that deadline would cause us to walk away from just over $3,000 so that is why we brought it forward tonight. • It has been reviewed by legal and we are seeking approval. Motion and Vote: Councilmember D'Aversa moved to approve a 2008/2009 contracts for services contract signing event for municipalities with Fulton County. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. MAYOR AND COUNCIL REPORTS Mayor Lockwood • Again thanked Christian and his family for spending the day with us and he wishes him well in the future. • It is nice to see our children who have an interest in our government and what we do. Councilmember Thurman • Last February 19th she went to the Alpharetta Library meeting put on by a group that is favor of one of the library sites which is 495 Main Street adjacent to the City of Milton. • The director of the library system was there and he mentioned they hope to have a site selection for all library sites by this fall. • They hope to have a project manager hired by May to oversee all of those and he will have input on the feasibility of sites. • They are looking for approximately five acres with proximity to residential and schools. • It is also important to have it close to public transportation or on a main road. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 15 of 19 • She does not think we have any groups promoting sites in Milton, but it is something we should consider w... because they would like input from us by this Fall when they choose the site. • She spoke to Katie Reeves after hearing some rumors about the new high school in the City of Milton. • The Fulton County School Board revenue has not been close to what was expected based primarily on sales tax collection and they are looking at alternatives of what might happen to the projects that were part of SPLOST III. • One thing they are considering is postponing the new high school. • If the postpone it for one year, it would most likely not be part of SPLOST III but it would be part of SPLOST IV if approved. • Hopefully it would still be done but there is no guarantee. • The main issue with that is Milton is expected in the year 2012 to have enrollment of almost 2,700 students. • She said there is a good chance they would have to do some re -districting. • Several of the other high schools are looking at a decrease in enrollment over the next three years. Mayor Lockwood • For the record, the city does not have any jurisdiction with the schools but it is good to address any issues we hear about. Councilmember Lusk • For the past four years, the Metro Atlanta Mayor's Association and Georgia Bikes have sponsored an event called Georgia Rides to the Capital. .•.� • The purpose being to raise awareness and support for the development of a regional scale bicycle network on both on road facilities and multi use trails and cycling connections to major transit facilities, activity centers and schools. • On March 3, 2009 this event takes place and he plans to ride with Mayor Floyd from Decatur to the capital and represent the city and all cyclists in the north part of the city. • As one who resides on a gravel road, he can appreciate the use of bicycles. Councilmember D'Aversa • There is a citizen group that is very involved with our committees that are starting a Milton Miler's. She will be a part of because they are going to start a walking club. • It will congregate in the Target parking lot on Sunday afternoons. • Some information will go to the paper and they will send some e-mails so people can be made aware of it. • It will start on March 15`x' at 2:00 in the afternoon. • Also, there is a couple that has just moved here from Ohio and they own a company called 21' Commerce and they are involved in an effort to educate people on diversity issues. • They call their training triversity because they have a multi cultural approach to educating diversity. • She attended a meeting and it was very enlightening. • The concept centers around understanding how your cultural values impact how you react and how people differ in their beliefs and how we interact with each other. • The more we can understand each other's cultural values and background, the better we can work more successfully with each other. MW Councilmember Zahner Bailey • She had the pleasure of participating in the naming committee for the Birmingham site elementary school. fto • Spent some time with the area superintendent as well as with the new principle and a group of extraordinary citizens and teachers and volunteers. • The process has begun and it was pleasure to part of such a fun committee that will put forward some names to the Board of Education. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 16 of 19 Mayor Lockwood • Council was given a copy of his State of the City address and he decided rather than giving a speech and allowing x amount of people to attend to hear it, he put something in writing so it could be put on the web site and it will be put in the Milton Herald. • For the record, the money for that came from his stipend. • He felt that was the best way to get the message to most all of the citizens. STAFF REPORTS City Manager Lagerbloom • We released an RFP that addresses the space and needs analysis for a possible City Hall location at some time in the future. • It is on the web site on the home page. • He and the Mayor will interview a possible facilitator tomorrow for the retreat. • He has spoken to several who have used this facilitator and he comes with good references. • They are locking in the May Yd and 4`h dates for the retreat. • He has a pre -retreat questionnaire and he asked that Council to spend some time and thought on their priorities are as well as their general thoughts on staff performance. • If he could get that back in a week it would help design an agenda for the retreat so they can focus on what they need to. • He will be delivering the monthly report from February. • The police and fire as well as the general city reports are done. • He is waiting on the Public Works report which is more in-depth. • They are working on designing a project tracking system for the city that will address Council's needs so they can get a snap shot of ongoing projects. • Staff met with Mr. Appen of Appen newspapers regarding the issue of concern about our legal organ being delivered in certain places has been stopped and what we do to make sure we are getting our correct word out to our citizens and he immediately corrected the issues. • If it is the pleasure of Council to go back to the market in the form of an RFP for a legal organ, it is prepared and ready to go. • His advice is to wait and see because he thinks we have had a good relationship with who we have. Community Development Director Wakefield • There is a program offered by ARC where several of their staff members from different departments will provide free technical assistance to cities. • They have worked with several cities and counties in assisting them in developing overlays, design guidelines and a comprehensive review of all of the planning documents and policies. • This is an opportunity for us to get some assistance. • We put together a request for assistance on developing the Highway 9 Design Guideline. • She thinks it is important because one of the things that came up at the town hall meeting was we need to have some type of discussion as to what it is we want Highway 9 to look like. • If we get this assistance from ARC, it would be a cost saving to the City. • They do not give a lot of time to put this together so she apologized for not getting it to them earlier but she would appreciate the signatures from all of the Council Members present and the Mayor signature on the cover letter. • The deadline is March 6, 2009 and they will make a decision by March 27, 2009 so that will be in time to work with us on the Highway 9 design overlay. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 17 of 19 City Manager Lagerbloom .s • We have been approached regarding the day of service project at Birmingham Park. • Some of Council and staff attended a walk around of the park and as a product of that walk around the citizen group that approached us about this day of service has put together a draft proposed project list. • He does not want them to think that just because something is on this list that this is a good project for the City of Milton and that is the purpose for the discussion. • Of these items, he would like to prioritize them because they may not get to them all. • They will only do what Council approves them to do as part of the project. • He does not want any of the work that we might do at this point to work in cross step with the final parks and recreation master plan. • He would like anything they do to be an enhancement to the park and be parallel to our long term vision for that particular land use. • Having said that he thinks after a service project of this magnitude our citizens could benefit could enjoy the land that does not have a gate in front of it that says private property no trespassing. • There would be an opportunity for people to enjoy just being outside and it puts some use to the park that we otherwise have not had. • Jon McPhail had some interesting comments about it and he would like to go through some of those. • The different areas of the park they discussed were the existing residence. • The house that is there is showing signs of wear as any unoccupied building does. • There are some things they can do to maintain the asset we own. • There are some things this group can do to at least bring that house into a better state than it is now. 00M • They explored the storage yard near the existing home which we have some of our traffic safety supplies stored in. • A pasture near the storage yard just needs some maintenance. • They are looking at removing some barbed wire fencing. • We are plagued the GPS recognizes the road as a roadway and if people start to drive up there and they do not know where they are they will get stuck. • There are some things that can be done to make the road a little more passable. • One recommendation is to determine a termination point for vehicular traffic. • He is not opposed to some of the recommendations but he recommends that item M be removed. • Item #3 is the storage yard near the existing home and where it talks about cut up and split existing logs and stumps, the recommendation they have there is in an effort to further benefit the equestrian community at some point any logs that are greater than a twelve inch diameter need to remain in whole sections and eight foot sections rather than being cut up. • Number 5 sub B, remove brambles is fine, the recommendation is to allow the small pine trees that allow the view of the lake to stay. • Item #6 B remove identified cross fencing and poles is really getting difficult two different versions of what a fence is and what might be usable and what is not, it is probably appropriate to remove B and leave A. • Item E needs to come off, that existing pond and dam are in an existing easement at this point and that is project for a different day. • With those exceptions he likes the list and he looks to Council for their recommendations. • Asked if there is anything from their first look at the list jumps out at them that should not be there other than what he recommended be removed. Councilmember Zahner Bailey 1�rr • Where it says create areas for additional storage are there some things being stored that goes beyond the provision of service to Milton and if that is the case do we necessarily need to create additional storage or is that just speaking about clean up for that day. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 18 of 19 City Manager Lagerbloom • What he remembers from the walk around was just to create an area as some of the smaller branches were going to be cut and used to mark trails in the future that was what the creation of the storage was. • It was a temporary storage to organize some of the items that did not need to be removed from the property and might have future uses. Councilmember Zahner Bailey • Asked if they had reached out to the bike and pedestrian committee or whether we wanted to pursue trail marking that day. City Manager Lagerbloom • There are some trails that exist out there now that are covered with debris and something could be done to mark those but not create anything new. Councilmember Zahner Bailey • Suggest we do not start to remove a bunch of trees not yet knowing what the master plan would be. Councilmember Thurman • Where those trees are there were no trees there five years ago. • They are scrub pines that have shown up because the pasture has not been mowed and if we wait another four or five years it will be more expensive to have those removed in a different manner than how they would be removed now. • In all of the plans they originally had for the park that will be one of the few areas that we could have active recreation so it will cost us in the long run to allow those to continue to grow. • She would never want to get rid of the hard woods but we need to consider getting rid of the scrub pines before it cost more in the long run. Councilmember Zahner Bailey • The area she is talking about is when you are on the road of New Bull Pen, some of those pines could effectively provide a visual buffer between the active areas and those that remain hard woods and trails for the equestrian. • We do not yet have a master plan so her point is rather than clear some of the areas that we are not yet sure they could provide a visual buffer and the fact that we do have some growth that was not there could be a benefit because we would not have to then plant a buffer. • She suggests as the City Manager suggested that we do not start to get into what the master plan could or could not be one day. Councilmember Lusk • He goes along with the exceptions that the City Manager noted. • He thinks there is a lot of enthusiasm that has been generated by this and he can anticipate a couple of battalions of people out there and we want to make sure we do not overrun the park with vehicles parked all over the place. City Manager Lagerbloom • On a final note our citizen group responded with Jon McPhail has prioritized the projects 1 through 9 and he is comfortable with that if there are no objections from Council. Councilmember Thurman 0 Asked who would the people who wants to volunteer for this would talk to. Regular Meeting of the Milton City Council Monday, March 2, 2009, 6:00 PM Page 19 of 19 City Manager Lagerbloom • He will move forward and call Jim Brown. They will put together a group that can plan and manage it. • At this point if someone wants to participate the easiest way is through the info(cr�,cityofmiltonga.us. Public Works Director Drake • This Saturday there will be a recycling at Bell Park and all of the HYA and the Milton Grows Green will be there so it is an exciting first day for that. • They have two meetings on the Landrum Road Bridge replacement coming up and they are presenting concepts at the Design Review Board meeting. Added by Motion and Vote EXECUTIVE SESSION The purpose of the Executive Session is to discuss potential land acquisition and potential litigation. Motion and Vote: Councilmember Lusk moved to adjourn into Executive Session at 7:57 p.m. Councilmember D'Aversa seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 8:32 p.m. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. ADJOURNMENT After no further business, the meeting adjourned at 8:34 pm. Motion and Vote: Councilmember Lusk moved to adjourn the regular meeting. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. Date Approved: March 16, 2009 Jea ette R. Marchiafava, City Clerk Joe Lo o 'Mayor