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HomeMy WebLinkAboutMinutes CC - 12/21/2009 - MINS 12 21 09 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, December 21, 2009 at 6:00 pm Page 1 of 15 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 #p"` 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 wrrr The Regular Meeting of the Mayor and Council of the City of Milton was held on December 21, 2009 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Trent Cornwell, Vision Baptist Church led the invocation. CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL City Manager Lagerbloom 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 changes to the meeting agenda: 1. Add under New Business; Approval of a Supplement to the Sungard Public Sector Inc. Application Service Provider Agreement. 2. Add under New Rosiness; Approval of a Transition A+ _reernent by and between the City of Milton, Georgia and Optech Monete, LLC. 3. Add under New Business; Approval of a Transition E,greement by and between the City of Milton, Georgia and Safe built Georgia Inc. for Building Department Services. 4. Add under New Business; Approval of a Transition Agreement by and between the City of Milton, Georgia and Georgia Management Agency, Inc. d/b/a/ Roadworx. 5. Add under New Business; Approval of a Transition Agreement by and between the City of Georgia and Lowe Engineers, LLC for Engineering Services. 6. Under the Zoning Agenda staff recommends deferral of RZ09-04, An Ordinance to create Article 13 of the Milton Zoning Ordinance; to establish a historic preservation commission in the City of Milton to provide for the designation of historic properties or historic districts; to provide for issuance of Certificates of Appropriateness; to provide for an appeals procedure; to repeal conflicting ordinances; and for other purposes to January 18, 2010. 7. Add discussion of personnel to the Executive Session. 8. Under Staff Reports defer discussion on the Traffic Calming Policy. '!Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 09-922, Approval of the Meeting :'.genda. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed :unanimously 7-0. rr.w 'UBLIC COMMENT Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 2 of 15 Mayor Lockwood • Public comment is a time for citizens to share information for Mayor and City Council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation both from the public or from Council. • Each citizen who chooses to participate in public comment must complete a comment card and submit to the City Clerk. • This is not a time to engage the Mayor or Council in conversation. • When your name is called please come forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. Leon Cole, Jr. 16700 Birmingham Hwy., Milton Georgia 30004 • He has lived at the current address for more than forty years and taught in north Fulton schools for over 30 years. • He has seen many county and city government directed changes. • Some with positive and some with negative effects on the land and people. • He expressed his sincere appreciation to Councilmember D'Aversa for her admirable service to the City of Milton. • She served the city with preparation and understanding. • He thanked her for her service to the City of Milton. Scott Stachowski, 3154 Chipping wood Ct. Milton, Georgia 3004 • He is speaking as the Vice President of the Board of Directors of the Hopewell Youth Association. • He appeared at the August 17'h meeting and requested an amendment to the facility use agreement for the travel teams at Bell Memorial Park. • The amendment was created and supported by Hopewell and the Parks and Recreation Advisory Board and approved by Council to provide a solution to the concern that there would be overcrowding at the park in the spring season 2010. • He reported that the regular registration closed and the preliminary registration numbers are lower than last year. • They do not know all the reasons for the fluctuations but propose that attrition in competition have impacted the registration. • Attrition of people moving in and out of the city as well as the loss of three travel teams from the park when the travel program looked to be in jeopardy last summer. • Since we have operated under the two agreements that we have in place, the Hopewell Youth Association is paid directly to the City over $30,000 and is paid into the Hopewell Youth Association park reinvestment fund over $60,000. • These monies have not been reinvested into the park as required by the agreement. • We look forward to delivering another successful baseball program and in addition they look forward to working with the City staff. Kim Horne, 415 Wade Glen Ct., Milton Georgia 30004 • She echoed Mr. Coles sentiments and said thank you very much to Councilmember D'Aversa. • Councilmember D'Aversa has been a tremendous asset to the City of Milton. • Her accomplishments will not be forgotten. CONSENT AGENDA City Manager Lagerbloom read the Consent Agenda items. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 3 of 15 Approval of the December 7, 2009 Regular Meeting Minutes. Approval of Financial Statements for the period ending November 2009. Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Tart seconded the motion. The motion passed unanimously 7-0. REPORTS AND PRESENTATIONS City Manager Lagerbloom • Staff echoed some of the public comments regarding Councilmember Tina D'Aversa. • Staff has enjoyed the privilege of working with her and they have accomplished a lot of good things. • Presented Councilmember D'Aversa with an appreciation plaque. Mayor Lockwood • Councilmember D'Aversa has spent untold hours and done a lot of work for the City of Milton. • He is honored and proud to have worked with her and hope she stays involved with the City. Councilmember Zahner Bailey • Conveyed her thanks to Councilmember D'Aversa. • She has dedicated her time unselfishly and accomplished a lot of the behalf of the citizens of Milton. • It has been an honor to serve with her. Mayor Lockwood read and presented a Proclamation for Eagle Scout Jason Wynne. Mayor Lockwood read a Proclamation recognizing the Inaugural Mayor's Run Volunteers. FIRST PRESENTATION City Manager Lagerbloom read Agenda Item 09-1005. Approval of an Ordinance to Amend Chapter 4, Municipal Court, by adding a new section entitled A Pre - Trial Intervention and Diversion Program to be administered by the City of Milton Solicitor's Office for the purpose of ending the repeat offenses of theft by shoplifting, underage possession of alcohol, disorderly conduct, and other miscellaneous misdemeanor and traffic offenses through the education of eligible defendants; and for other purposes. Motion and Vote: Councilmember D'Aversa moved to approve the First Presentation of Agenda Item 09-1005, Approval of an Ordinance to Amend Chapter 4, Municipal Court, by adding a new section entitled A Pre -Trial Intervention and Diversion Program to be administered by the City of Milton Solicitor's Office for the purpose of ending the repeat offenses of theft by shoplifting, underage possession of alcohol, disorderly conduct, and other miscellaneous misdemeanor and traffic offenses through the education of eligible defendants; and for other purposes. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. PUBLIC HEARINGS City Manager Lagerbloom read Agenda Item 09-1006. r.r Approval of Alcohol beverage License Application for Aldi Inc. d/b/a as Aldi, Inc. (GA) #30 located at 12990 Highway 9 North, Suite 107, Milton, Georgia. The applicant is Scott Kornegay for retail — Wine/Malt Beverage. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 4 of 15 Stacey Inglis, Finance Director • The applicant has adhered to all the requirements of the Ordinance and staff recommends approval for this item. There was no public comment on the item. Motion and Vote: Councilmember D'Aversa moved to approve Agenda Item 09-1006, Approval of Alcohol Beverage License Application for Aldi Inc. d/b/a as Aldi, Inc. (GA) #30 located at 12990 Highway 9 North, Suite 107, Milton, Georgia. The applicant is Scott Kornegay for retail — Wine/Malt Beverage. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read Agenda Item 09-1007. Approval of Alcohol Beverage License Application for Su Shin USA d/b/a as Magic Wok & Sushi Bar located at 12890 Highway 9, Suite 140, Milton, Georgia. The applicant is GuoFu Wu for Consumption on the Premises — Wine/Malt Beverage. Finance Director Inglis • This applicant has followed all requirements of the Ordinance and staff recommends approval. There was no public comment. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item 09-1007, Approval of Alcohol Now Beverage License Application for Su Shin USA d/b/a as Magic Wok & Sushi Bar located at 12890 Highway 9, Suite 140, Milton, Georgia. The applicant is GuoFu Wu for Consumption on the Premises — Wine/Malt Beverage. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read Agenda Item 09-1008. Approval of Alcohol Beverage License Application for Casa De Tontos LLC d/b/a Sip Wine Tapas Restaurant located at 12635 Crabapple Road, Suite 110, Milton, Georgia. The applicant is John Foster Smith for consumption on the Premises — Wine/Malt Beverage/Distilled Spirits. City Manager Lagerbloom • We reviewed this application from an administrative perspective and they have met all the requirements of the administrative part of the Ordinance. • He asked the City Attorney to weigh in because of some questions with respect to distance requirements and the interpretation of the Ordinance. City Attorney Ken Jarrard • We looked at the survey provided with respect to this license for a while and thought about it. • The initial survey showed this met our code and we let staff look at it and they came up with some additional methodology which he concurred with which did not show they met the requirements of the own code. • We worked with them and considered their arguments as to why the original methodology was in %lo+ compliance with the code. • He extrapolated that based upon the language in the Ordinance and it has to do with whether or not the City should allow people doing measurements to cross over unpaved right-of-way to meet the nearest Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 5 of 15 location of the property and based on looking at that he believes their argument is valid and that we w should not allow that. • If we conclude we do not allow it then in fact the nearest distance is the one their surveyor originally came up with which would mean they are compliant. • He recommended approval of the application and then modifies the code. There was no public comment. Motion and Vote: Councilmember Lusk moved to approve Agenda Item 09-1008, Approval of Alcohol Beverage License Application for Casa De Tontos LLC d/b/a Sip Wine Tapas Restaurant located at 12635 Crabapple Road, Suite 110, Milton, Georgia. The applicant is John Foster Smith for Consumption on the premises — Wine/Malt Beverage/distilled Spirits. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. ZONING AGENDA City Manager Lagerbloom read the Zoning Rules and Agenda Item 09-990. (Zoning Agenda items typed verbatim) At the second regularly scheduled meeting of the month, the mayor and City Council consider a Zoning agenda. These items include rezoning petitions, modifications of zoning, use permits, and associated concurrent variances, in addition to ordinances, resolution, and text amendments. 00" The petitions will be heard in the sequence listed on the posted agenda. I would like to acquaint you am" with some of the rules and procedures for this meeting. The applicant, and all those speaking in support of an application, will be allowed a total of ten (10) minutes to present the petition. The applicant may choose to save some of the time for rebuttal following the presentation by the opposition. The opposition will be allowed a total of ten (10) minutes to present its position. If time remains, the opposition will be allowed to rebut. Since the burden of proof is upon the applicant, the applicant will be allowed to make closing remarks, provided time remains with the allotted time. The City Clerk's staff will be keeping track of time and will inform you periodically of the remaining time for your presentation. Those called to speak will be taken in the order that the speaker cards were received by the City clerk's staff prior to the beginning of tonight's meeting. All speakers will identify themselves by name, address and organization, if applicable, before beginning their presentation. The Planning Commission heard the rezoning agenda items and recommendations have been forwarded to the Mayor and City Council for consideration and disposition. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 6 of 15 In addition, the applicant shall not submit material to the Council during the meeting, unless requested to law do so. All material that you wish to be reviewed by the Council in consideration of your application should be submitted to the staff of the Department of Community Development, to be included in the normal distribution of packages to the Council. When an opponent of a rezoning action has made, within two years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application, it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government at least five days prior to the Planning Commission meeting. A violation of the relevant state statute constitutes a misdemeanor. Therefore, if you have contributed $250.00 or more to a Councilmember and you have not filed a disclosure prior to the Planning Commission meeting, the City Attorney strongly suggests that you have someone else speak for your point of view. ZM09-04NC09-04, Northeast corner of Hwy 9 and Bethany Bend by Dr. David Smith, A request to revise condition 2.a. from the site plan received by the Department of Environment and Community Development on November 8, 2006 to the site plan received by the City of Milton Community Development Department on November 3, 2009. The applicant is also requesting and concurrent variance to delete the 10 -foot landscape strip along the newiy formed north property line to allow the required parking aisle width (Article 12G.4.A.2). Tom Wilson, Interim Community Development Director: to" Good evening Mayor and Council. Since the time we accepted this application and advertised for this public hearing, I received the following letter from David and Melissa Smith: The letter is to the Mayor and City Council and it reads: Bethany Bend urgent care no longer wants to pursue this property and does not need the zoning modifications as stated previously. Please excuse and delete this request previously submitted. Based on this letter the need is no longer there for modification so I recommend withdrawal of this application tonight. Mayor Lockwood: Does anyone have any questions for Mr. Wilson? Councilmember Zahner Bailey: I have a point of clarification. The letter from the applicant and not the owner, is that correct? Tom Wilson: It is from the applicant. Councilmember Zahner Bailey: Ok, so would it be staff's impression that this same applicant will not be coming back before this body based on your conversation? Tom Wilson: That is certainly my impression. Mayor Lockwood: Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 7 of 15 I would like to ask staff also, did they share any details? Does this have any reflection on the City of Milton or just a change in their plans? Tom Wilson: Just a change in their plans, I believe. Mayor Lockwood: If there are no more questions of staff, is there any public comment on this? City Manager Lagerbloom: I do have a public comment card from Phil and Sharon Joseph. I do not know if we were able to answer their questions before. Tom Wilson: They are actually in that room talking with Robyn right now talking about, they are adjacent property owners, shall I go get them and ask them if they want to speak? City Manager Lagerbloom: Yes, just ask them if they want to speak. Their item was relevant but I believe it was something we could handle at a staff level so we are trying to do that but this item being a request for withdrawal, let MWA me make sure they do not want to speak. Now Phil Joseph, 13800 Oakmeade Trace, Milton, Georgia 30004: I was talking with some of your staff in the other room. We are the adjacent property owners to the land on the corner of Route 9 and Bethany and the reason I am here is because the people who developed the property, when we moved in 15 years ago it was all completely undeveloped of course and when they developed it the last time they cut down the trees, put in a retaining wall, put a lot more dirt in and then did the development and we had an agreement with the developer to put a row of Leland cypress in along that wall and fence on our side of the property and that has not been done. They also agreed to, when they put the sidewalk in, it disrupted the entrance to our subdivision and we knew it was going to do that so they said they would fix that up when they got done but they have not done that either. Those are two things they said they would do that they have not done and in addition to those two things, when they were under construction, a lot of rainwater brought mud down on our property, got into our kids play set and sound box and had a big mess. We took a lot of pictures and showed the people who were working there at the time and they said they could fix that up but that has not been done and now when it rains hard a lot of water comes through the wall onto our property, which I am sure was unanticipated but that also is not satisfactory so for all those things we do not know what recourse we have as adjacent property owners. We did not have any particular objection to what their plan was with the property but we would like to have our land not be as impacted as it is so that is why we are here tonight. Apparently this thing has been withdrawn and we were in the other room talking to the staff member about what the conditions were of the zoning, so that is where we are. We are the adjacent property owners and we would like these things resolved and I am not sure the best way to do that. Mayor Lockwood: Thank you for your time and I would like to ask, and again public comment is not a time for discussion back and forth but I would like to ask our staff to follow up on this and meet with the Josephs and also Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 8 of 15 get us an update on that and thank you very much for bringing it to our attention. Do we have any more public comment? City Manager Lagerbloom: That is all the cards I have. Mayor Lockwood: I will close the public hearing. Do I have any Council discussion? Do I have a motion and a second? Motion and Vote: Councilmember Tart moved to approve the withdrawal of Agenda Item 09-990. Councilmember Hewitt seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. UNFINISHED BUSINESS City Manager Lagerbloom read Agenda Item 09-991. An Ordinance to Amend the City of Milton Tree Preservation Ordinance and Administrative Guidelines. mom Interim Community Development Director Wilson: • This is an addendum to the 2006 City of Milton Tree Preservation Ordinance and Administrative Guidelines to provide additional protection to City owned trees. • In so doing it will allow the City to be eligible for the designation as a tree city USA. • It is a very distinguished award and sponsored by the Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters which bestows communities with the Tree City USA designation on meeting certain criteria. • It is designed to recognize communities that effectively manage their public recourses and encourage tree management. • It brings the city national recognition as a greener community and identifies the City as one that cares about it trees and the over quality of life of its residents. • It also provides direction and technical assistant grant award options, public awareness and education. • The City must show it meets all the criteria by December 31, 2009. • We are short two items in meeting those criteria and they both deal with the protection of city owned trees. • By installing two additional paragraphs in the existing Ordinance, the city will meet the totality of those requirements. • Those two conditions are, all trees growing on public property, parks, grounds and rights -of - ways are protected and any person or entity causing damage or removal is subject to penalties set forth in section 9. mom • He recommended approval of the two changes. Councilmember Thurman • Asked how they would inform the public they can no longer cut down trees they may believe is on their property but really is in the right-of-way and belongs to the City. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 9 of 15 Interim Community Development Director Wilson "`"' • We can use some of the outreach programs through the web site, our news letter and we can talk about it in the public meetings. • There are not a lot of trees in the right-of-way because we try and keep them out for safety purposes. Motion and Vote: Councilmember D'Aversa moved to approve Agenda Item 09-991, Approval of an Ordinance to Amend the City of Milton Tree Preservation Ordinance and Administrative Guidelines. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read Agenda Item 09-1000. Approval of an Ordinance Adopting and Enacting a Code of Ordinances which codifies Ordinances as they existed on June 15, 2009. City Manager Lagerbloom • This is the second reading of this Ordinance. • It is a process that is guided by state law so the Ordinances are brought together in the correct format. too" • Our Ordinances can be searched on the internet through Municode • Staff recommends approval. Motion and Vote: Councilmember Thurman moved to approve Agenda Item 09-1000, Approval of an Ordinance Adopting and Enacting a Code of Ordinances which codifies Ordinances as they existed on June 15, 2009. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. NEW BUSINESS City Manager Lagerbloom read Agenda Item 09-1009. Approval of a Resolution adopting the Partial Plan Update of the City of Milton 2008-2028 Comprehensive Plan. Interim Community Development Director Wilson • He asked Michele McIntosh -Ross to put together some background on this item and how we got to where we are. Michele McIntosh -Ross, Community Development • All governments had to complete a comprehensive plan per the state. •m" • In 2007 Milton initiated the planning process in accordance with the state guidelines. • The state requires three components. bum • The community assessment which is an inventory of the City. • The community participation which describes the public involvement strategy and the community agenda. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 10 of 15 • There are two components that need to be adopted by the state prior to the initiation of the NA" community agenda which are components one and two. • Those components were completed and submitted to the state in the spring of 2008 and approved by the state in May 2008. • While working on the community agenda it was realized that the deadline for submittal was earlier than anticipated. • The DCA offered that Milton could submit a partial plan update. • In December of 2008 Milton submitted the partial plan update and approved by the state in February 2009. • The plan has to be adopted by February of 2010 and if not the City risks losing its local qualified government status. Councilmember Zahner Bailey • Within the partial plan update, she asked if the table that represents the densities was part of the document. Michele McIntosh Ross • It is not. Councilmember Zahner Bailey • As it relates to Arnold Mill, because in Focus Milton 20-25, Arnold Mill is referred to as a neighborhood activity node and in the documentation she received and reviewed it did not reference the neighborhood activity node and going forward that may or may not be modified. • She does not think they were prepared to see that node automatically broadened. • The public was concerned about how Arnold Mill might evolve so specifically with regards to that reference, she asked how they reconcile that because that is an area where there could conceivably be a rezoning to come forward. George Ragsdale, Chairman Comprehensive Plan Advisory Committee • The disc Councilmember Zahner Bailey was looking at was the assessment and that is not part of the partial plan. • The assessment is something they will revisit and update. • The Arnold Mill question is not referenced in the partial plan document. Motion and Second: Councilmember Lusk moved to approve Agenda Item 09-1009, Approval of a Resolution adopting the Partial Plan Update of the City of Milton 2008-2028 Comprehensive Plan. Councilmember Thurman seconded the motion. Discussion on the Motion: Mayor Lagerbloom • He would like to make sure as they move forward that they look at everything and see that there are no inconsistencies. �"�"' Councilmember Zahner Bailey Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 11 of 15 Pon" • She wanted to clarify that the motion that has been made that the document does not include a Om table that references density specific information Crabapple and that the future land use map are consistent with the Focus Fulton 2025 and that has not changed at all. • The intent is to bridge the difference in timing but it has been acknowledged publicly that there was timing differences, with information from ECOS and information identified by Council and Staff that is inconsistent and they should not be construed as support of those inconsistencies and they would be corrected. Vote: There was no further discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read Agenda Item 09-1010. Approval of a Resolution to Adopt the 2010 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. Robyn MacDonald • There is one change on the Rezoning schedule. • The Planning Commission recommended that under Planning Commission meeting 12-22-2010 be changed to 12-15-2010. fv, Motion and Vote; Councilmember Thurman moved to approve Agenda Item 09-1010, Approval of a Resolution to adopt the 2010 Zoning and Use Permit, Zoning Modification, Board Zoning Appeals and the City of Milton Design Review Board Schedules, with a change of the Planning Commission date from December 22, 2010 to �"r December 15, 2010. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read Agenda Item 09-1011. Approval of a Resolution to Adopt the City of Milton Comprehensive Transportation Plan. Carter Lucas, Public Works Director • This is a culmination of a yearlong effort in the development of the transportation plan. • He thanked everyone who participated in the development of the plan and in particular the members of the TSAC committee who volunteered their time, Kimley Horn and Associates who shepherded us through this and Sara Leaders who kept him on task. • He believes it is ready for adoption. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item 09-1011, Approval of a Resolution to Adopt the City of Milton Comprehensive Transportation Plan. Councilmember D'Aversa seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read Agenda Item 09-1012, Approval of a Resolution to authorize the City of Milton Mustang Logo by athletic teams playing at Bell Memorial Park pursuant to agreements with the City of Milton. bb" City Manager Lagerbloom • City Attorney :Iarrard and he were put on notice previously on something they need to evaluate further before they can recommend approval. • He proposed they defer the item at this point. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 12 of 15 rr Motion and Vote: Councilmember Tart moved to defer until January 6, 2010 Agenda Item 09-1012, Approval of a Resolution to authorize the City of Milton Mustang Logo by athletic teams playing at Bell Memorial Park pursuant to agreements with the City of Milton. Councilmember Hewitt seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read Agenda Item 09-1013 Approval of a Resolution stating the City of Milton's opposition to the use of Fulton County General Fund money on Special Service District Operations and Services such as transferring the net revenue generated from traffic citations issued by the Fulton County Police Department within the geographical boundaries of the South Fulton Special Services District to the South Fulton Special Services District Fund. City Manager Lagerbloom • This came out of the North Fulton Mayor's and Municipal Association. • This Resolution was authored and brought forward by Mayor Wood of the City of Roswell. • Other cities have passed a similar Resolution. Mayor Lockwood • The North Fulton Mayor's Association would like to send that message that money that is collected in the county is not just spent in one small particular area. • This Resolution is just making a statement to the county. City Attorney Jarrard • This would also redirect the designees in the service deliver strategy mediations to take a particular position with respect to that issue. Motion and Vote: Councilmember Lusk moved to approve Agenda Item 09-1013, Approval of a Resolution stating the City of Milton's opposition to the use of Fulton County General Fund money on Special Service District Operations and Services such as transferring the net revenue generated from traffic citations issued by the Fulton County Police Department with the geographical boundaries of the South Fulton Special Services District to the South Fulton Special Services District Fund. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read the next item. Added by motion and vote Approval of a Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement. City Manager Lagerbloom • Along with the transition taking place on December 31St there are certain subcontracts that were in place and that will need to remain in order to affect a smooth transition. • He and the city attorney decided that for a period of up to six months adopt some transitioning contract to recognize that the service provided on December 31St will continue to be provided on January 1St • These services reside in five different contracts. • The first deals with computer software that runs the finance and community development departments of the city. rte. • During the six months these contracts are in place the city will decide whether or not it intends to competitively bid certain contracts. 0 All five of the agreements have been through legal review and approved by the city attorney. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 13 of 15 Motion and Vote: Councilmember Tart moved to approve a Supplement to the SunGard Public Sector Inc., Application Service provider Agreement Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read the next item. Added by motion and vote Approval of a Transition Agreement by and between the City of Milton, Georgia and Optech Monete, LLC. City Manager Lagerbloom • This deals with right-of-way maintenance, tree removal, pot holes, litter pick up, ice removal, dead animals, drainage maintenance, mowing etcetera. Motion and Vote: Councilmember D'Aversa moved to approve a Transition Agreement by and between the City of Milton, Georgia and Optec Monete, LLC. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read the next item. Added by motion and vote Approval of a Transition Agreement by and between eh City of Milton, Georgia and Safe Built Georgia Inc. for Building Department Services. im" City Manager Lagerbloom • This contract deals with plan review as well as building inspections. • This has previously been an 80/10/10 split with 10 going to CH2M Hill and we propose that it will now be an 80/20 with the city receiving 20 percent of the revenues. Motion and Vote: Councilmember Hewitt moved to approve a Transition Agreement by and between the City of Milton, Georgia and Safe Built Georgia Inc. for Building Department Services. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manger Lagerbloom read the next item. Approval of a Transition Agreement by and between the City of Milton, Georgia and Georgia Management Agency, Inc. d/b/a Roadworx. City Manager Lagerbloom • This is the company that provides the services that affect our traffic control signal, sign repairs, installation of new signs, sign and signal maintenance also emergency repair. Motion and Vote: Councilmember Hewitt moved to approve a Transition Agreement by and between the City of Milton, Georgia and Georgia Management Agency, Inc. d/b/a Roadworx. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. City Manager Lagerbloom read the next item. Added by motion and vote Approval of a Transition Agreement by and between the City of Milton, Georgia and Lowe Engineers, LLC for Engineering Services. Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 14 of 15 City Manager Lagerbloom • This contract would allow us to transition in place with the traffic engineer that we have on staff at this point. • He thinks it is in the City's best interest to continue the institutional knowledge here that Sara Leaders brings to the table. • This contract is only for five months rather than six. Motion and Vote: Councilmember Lusk moved to approve a Transition Agreement by and between the City of Milton, Georgia and Lowe Engineers, LLC for Engir_eerip_g Services. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. MAYOR AND COUNCIL REPORTS Mayor Lockwood • Wished Councilmember D'Aversa well and hopes she will stay involved with the City. Councilmember Tart • Thanked Councilmember D'Aversa for all she had done for the City and it has been an honor to serve with her. STAFF REPORTS Discussion on MARTA offset Funds. bum Carter Lucas, Principal Engineer • MARTA has made available a total of 6.25 million to handle transit enhancements in the north Fulton area and of that Milton's share is $625,000. • There are not matching funds involved. • The enhancements need to be made within 11/2 mile of existing bus routes. • We would like to come to the work session in January for a follow up discussion and then later in January with a Resolution approving the project. • The primary projects would be connection of sidewalks, McGinnis Ferry, Bethany, the corner of Webb and Deerfield, another section down Webb on the other side of Highway 9 and a small section of Cogburn Road. • They could continue the street lights that currently run to Webb down Deerfield. • Another suggestion was bus shelters at selected locations along those routes. EXECUTIVE SESSION Added by motion and vote Executive Session is to discuss potential land acquisition, pending litigation and personnel. Motion and Vote: Councilmember Tart moved to adjourn into Executive Session at 8:21 p.m. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. RECONVENE Motion and Vote: Councilmember Tart moved to reconvene the meeting at 10:13 p.m. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. ADJOURNMENT Regular Meeting of the Milton City Council Monday, December 21, 2009, 6:00 PM Page 15 of 15 Motion and Vote: Councilmember D'Aversa moved to adjourn the meeting at 10:15 p.m. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. Date Approved: January 6, 2010 Sudie AM Gordon, Interim City Clerk r) - � Joe ocko , Mayor