HomeMy WebLinkAboutMinutes CC - 01/20/2010 - 01- 20-10 Reg. Mins (Migrated from Optiview) (2)Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
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This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to
transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments
are noted and heard by Council, but not quoted. This document includes limited presentation by Council and
invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings.
Official Meetings are audio recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on January 20, 2010 at
6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Reverend Patrick Abent, Inner Quest Church
CALL TO ORDER
Mayor Lockwood called the meeting to order.
ROLL CALL
Interim City Clerk Gordon called the roll and made general announcements.
Council Members Present: Councilmember Karen Thurman; Councilmember Julie Zahner Bailey,
Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria., Councilmember Alan
Tart.
PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
Introduction of John Albers, who is running for District 56 Senate seat.
APPROVAL OF MEETING AGENDA
Approval of Meeting Agenda (Agenda Item No. 10-1015)
Under Unfinished Business, staff would like to move Iiem 1 to the Zoning Agenda, RZ09-45 — 12645
Birmingham Highway (SR 372) by McRae & Stolz, Inc.
City Attorney Ken Jarrard asked that two items be considered. Intergovernmental Agreement By and Among The
Cities of Alpharetta, Dunwoody, Johns Creek, Milton, Roswell, And Sandy Springs, Georgia For The Acquisition
Of Color Aerial Photography And Light Detection And Ranging (LiDar) Data be added as Item 3 under New
Business Agenda and add an Item at Executive Session to discuss potential land acquisition, personnel and
potential litigation.
Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1015, Meeting Agenda as
recommended by staff. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0.
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 and to
OWN 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 from the public or from
Council.
Each citizen who chooses to participate in public comment must complete a comment card and submit it
to the City Clerk.
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
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• Please remember this is not a time to engage the Mayor or members of the City Council in conversation.
% • When your name is called please step forward and speak into the microphone stating your name and
address for the record.
• You will have five minutes for remarks.
There was no public comment.
CONSENT AGENDA
Interim City Clerk Gordon read the Consent Agenda items:
1. Approval of the December 14, 2009 Work Session Minutes.
(Agenda Item No. 10-1036)
2. Approval of Land Development Final Plats:
a. Crabapple Brook Subdivision —Revision to change area of lots 33, 34 and Common area.
b. Betty Delman — Minor Plat, subdivide 6.8 acre tract into 2 lots.
(Agenda Item No. 10-1037)
3. Approval of Financial Statements for the period ending December 2009.
(Agenda Item No. 10-1038)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda as presented. Councilmember
.p." Thurman seconded the motion. The motion passed unanimously 7-0.
,ter REPORTS AND PRESENTATIONS
Interim City Clerk Gordon read the presentation items.
1. Presentation of Plaque for the Certificate of Achievement for Excellence in Financial Reporting for
FY 2008 Comprehensive Annual Financial Report.
(Presented by Joe Lockwood, Mayor)
2. Presentation of Certificate for the Award of Financial Reporting Achievement for FY 2008
Comprehensive Annual Financial Report.
(Presented by Joe Lockwood, Mayor)
Mayor Lockwood:
• While we're giving kudos to our staff, I want to also mention how proud I know I am and I am sure the
Council and the rest of the City is of our fire department. If anybody saw them on the Channel 11 news
this morning, there was a daycare that flooded over the weekend where sprinkler system had frozen.
Obviously when it went off, the fire department arrived and instead of just shutting off the water and
leaving, I think the owner was there and all the firemen jumped in and tried to pull the furniture out.
That's just another example of going the extra mile for our citizens and I think saved the owner thousands
of dollars in damages. Thank you to our fire department.
FIRST PRESENTATION (None)
ZONING AGENDA
(Zoning Agenda items are typed verbatim)
i�
Interim City Clerk Gordon read the Zoning Rules.
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
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• At the secondly regularly scheduled meeting of the month the Mayor and City Council consider a zoning
agenda. These items include rezoning petitions, modifications in zoning, use permits and associated
concurrent variances in addition to ordinances, resolutions and text amendments. The petitions will be
heard in the sequence listed on the posted agenda. I would like to acquaint you with some of the rules and
procedures for this meeting. The applicant and all those speaking in support of the application will be
allowed a total of ten minutes to present the petition. Since the burden of proof is upon the applicant, the
applicant will be allowed to make closing remarks provided time remains within the allotted time. The
City Clerk 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 City Clerk 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. In addition, the applicant shall not submit material to
the Council during the meeting unless requested to do so. All material that you do wish to be reviewed by
the Council in consideration of the 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 been made within two years immediately preceding the following 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 representative 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 Council Member and you have not
SPOM filed a disclosure prior to the Planning Commission meeting, the City Attorney's office strongly suggests
that you have someone else speak on your point of view.
Now RZ09-05 —12645 Birmingham Highway (SR 372) by McRae & Stolz, Inc.
1) A request to rezone from C-1 (Community Business) to C-1 (Community Business) to change the use
from an antique store to general commercial uses salon within the existing structure.
(1 S` Reading January 6, 2010).
(Agenda Item No. 10-1018)
Mayor Lockwood:
• For the record, I know the applicant. He leases office space from me. I ran it by the City Attorney earlier
that I in no way have any attachments to this property or would benefit or gain from this rezoning, so the
City Attorney said it was fine for me to participate and vote on it.
Robyn MacDonald, Community Development Planner:
• Good evening Mayor and Council. Today we have this rezoning petition located in the Crabapple
Crossroads community, which is overseen by the Crabapple Crossroads overlay. It contains 2.426 acres
of which approximately two-thirds of it would be contemplated as open space. There is only a small
existing structure on the property at this point in time. Basically what happened, back in the late 80's this
piece of property was rezoned and the reason why it is before you, is because originally when it was
zoned it was conditioned to only an antique store in Condition 1(a), which is our little holy grail condition
that basically that was the only item that could be used for that structure. There was a request for a
business license for a salon and doing some research found out that this structure could not be used as a
salon until we did a rezoning because of that very specific condition. So basically, let me just go through
a couple of points with you. The proposed use is consistent with some of the policies and tenant of the
bo" Crabapple Crossroads Community Plan and Partial Plan Update. It is approximately 730.83 square feet
per acre, but the building size itself is 1,773 square feet. Again, as I said before, per Z86-283 it was
approved for an antiques store. This square footage has been accounted but when considering the policy
and intent of the Crabapple Crossroads Plan and past city policy of upholding the maximum 100,000
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 4 of 16
square foot Crossroads Community Plan's 100,000 feet of commercial. The purpose of this is request is
to allow commercial uses within the existing structure. I'll just make a note that for whatever reason in
the future if the property owner, whether it is Mr. Stolz or any other future property owner, would
contemplate adding more square footage, as it stands right now it would exceed the 100,000 square foot
cap. So it seems consistent now using the existing structure and obviously the condition will be set forth
so that it would be only for the existing 1,773 square foot structure. So, we're not going over the cap.
It's already a square footage that was contemplated into that 100,000. The density is consistent with
previous board policy on the subject site and in the area. It meets the conditions as far as the overlay
district. The site plan contemplates nine parking spaces, one of which would be the handicap space will
be contained underneath the carport. I do want to review some items that the Planning Commission,
when they reviewed it, made some additional conditions. They are included in the set that is before you.
It is to include billboards as one of the excluded uses in Condition 1(a); to delete the drive-through service
after day care business in Condition 1(a), which has been done; to delete galleries between amusements
and game rooms in Condition 1(a) to ensure art galleries would not be an excluded use. Also to add a
new condition 3(b) to restrict parking to a minimum of nine spaces and a maximum of fifteen spaces,
including handicap spaces. This was done because we wanted to be able to allow the tenants or the owner
to be able to utilize their building but at the same time knowing as a C-1 use, a permitted use could be a
parking lot. We don't want somebody coming and developing it as a parking lot and renting it to the
Mountain High School students or something like that. At the same time, we wanted to allow adequate
room for a successful business.
• Staff is recommending as well part of that condition to add all parking shall be located per the Crabapple
., overlay or Northwest overlay district, whichever is more restrictive. Basically, all parking shall be
located behind the building. Another condition we would like to add would be that the parking shall be
constructed of gravel, which was the intent of the applicant, or any other pervious material if accepted by
our city staff. Also, in Condition 1(a) when it speaks of wine stores, we have done a quick dimensioning
of the school property of Crabapple Elementary School and it is approximately 423 feet away from this
store and going up Birmingham Highway, and after having a consult with the City Attorney we
recommend that wine stores must meet the minimum requirements of the city's alcohol license
requirements. This is just a head's up that it may or may not meet that, but it appears at least in a cursory
look that it would not be able to meet the standards of our alcohol license, but in case, if ever in the future
we would change it they would still able to do it if it went to a less distance.
Also, I would like to add a condition of, prior to any land disturbance or construction of the parking lot it
shall go before the Design Review Board to include a review of the parking location, parking lot material
and any tree removal that would be associated with that construction of the parking. In the report I state
that there is only one specimen size tree and that is to the right or south portion of the property and we
contemplate the applicant would be deriving access to the parking lot more toward the north. There could
be some smaller pine trees affected by that and we would like to make sure that the least amount of
impact would occur if that would happen. We would like to have the Design Review Board make sure
that that is the least amount of impact.
• Staff recommends that RZ09-05 be approved per the conditions in your packet, as well as the additions
that we have just included in our presentation.
Mayor Lockwood:
..� • Do we have any questions from the staff, Council or anyone else?
Omw Councilmember Tart:
0 The condition that you said the staff wanted to add regarding DRB review, that's not in the packet, right?
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 5 of 16
MAW Robyn MacDonald:
• That's right. That's something that's occurred since the publishing — to review the gravel or the material
of the parking lot, the location of the parking lot, as well as any tree removal.
Councilmember Tart:
The other question I have is in regard to one of the Planning Commission's recommendations, which was
to include billboards as one of the excluded uses under condition I (a)? Am I missing that in the packet?
Robyn MacDonald:
• I should have included it. If it's not, we need to include it in Page 19.
Councilmember Tart:
• It's there. I didn't see it.
Robyn MacDonald:
• The reason for that, if you don't know, there is an M -I where Milton's Cocktail is located. I just want to
ensure there will be no billboards because I think there is a part of the ordinance that could contemplate
having billboards because of that M-1 nearby.
Mayor Lockwood:
• Anymore questions for Robyn? Julie?
WPM
Councilmember Zahner Bailey:
• Thank you for being specific in terms of what you are suggesting be added. In terms of the parking I
know that there has been discussion that the applicant was looking initially at only the nine and it was the
recommendation of the Planning Commission to extend the parking to a maximum of fifteen. Based on
your admission just now, the contemplation is not that those spaces would be used for other purposes but
instead would be used for the businesses on that site? I guess this would be a question to you or to our
attorney. Can we just clarify, whether the parking would be nine or a maximum of fifteen, at some future
point that it be contemplated that those spaces be utilized for the business on that location?
City Attorney Jarrard:
• It is difficult to enforce.
Councilmember Zahner Bailey:
• I know you mentioned that there is just the one specimen tree on site. I want to make sure I heard you
correctly. When this conceptual site becomes a specific site, is it fair to say that staff and our arborist will
also be a part of that process? I'm assuming right now because it doesn't contemplate up to fifteen, it
does not identify whether or not a tree would have to be removed. Is that correct?
Robyn MacDonald:
• I suspect, looking at the photos, no matter how many parking spaces there will probably be something
removed just to have access to the back. As far as where the actual parking is going to go, there really are
no additional trees other than trying to get back to the parking lot.
Mayor Lockwood:
0 Any other questions?
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 6 of 16
r.rr Councilmember Longoria:
• I've got one. Ken, when we add stipulations to the ordinances specifically about parking spaces, are we
creating future problems related to putting in restrictions that are difficult to enforce? Are we creating a
problem for ourselves down the road where all of a sudden we will have to have a group of people that go
around counting out who is using what parking spaces and how they're using the space?
City Attorney Jarrard:
• That's a fair question. The answer is no. Obviously we don't have the resources to go out and check this.
If it becomes a problem, we can always go back to the Zoning Commission and say there is an issue here.
Councilmember Longoria:
• What I was worried about is that we have a set of ordinances where some have restrictions on what they
can use parking spaces for and some don't. All of a sudden we're having to sort through who is using
what parking space for what purpose. Do we need to take that extra step?
City Attorney Jarrard:
• That's a good question. The purpose of these Conditions is to lessen the impact of whatever land use
decisions are being made. So by definition it would be on a case-by-case basis. Every situation is a
different Condition.
Mayor Lockwood:
• That's similar to my question. Isn't it implied in a structure that size that they would need nine to fifteen
spaces?
City Attorney Jarrard:
• Yes.
Councilmember Zahner Bailey:
• Can I make a quick point? Because what is contemplated in the enhanced recommended Conditions is
really of a conceptual nature and because of that, and knowing that this particular property could one day
change hands, I think to the City Attorney's point, at least it allows the Condition to be clear as opposed
to wondering about the interpretation later. Another way to handle that would be to add to the exclusions
that this should not become a parking business. Again, it's not so much what the current applicant is
requesting, it's for some future owner or business not yet identified.
Mayor Lockwood:
• Next, we can now hear from those speaking in support on this application.
Will Stolz, 2000 Long Hollow Lane, Milton, GA:
• My name is Will Stolz. I am the applicant. Robyn did a good job of giving the background on this
property. I think I can fill in the background a little bit more. I think I have owned it for about 12 years.
When I bought it there was a real estate office in it. I think there was a landscape business in there at
some point after that. For the last several years there has been an architectural office there. They moved
out and we entered into a lease subject to this rezoning for a salon, not really thinking about the old
zoning conditions. When that lady came to pull her business license, that's what got all this started. We
have gone through an entire rezoning because that was the only way we could get the stipulation for the
two antique shop off of there. In the process, it's been treated like a rezoning. In other words, it's gone
through all of the departments and we have a list of required modifications to the property that will
probably make the salon use more feasible. It'll take me two years in rent to recoup the costs of this that
are required right now, so what I'm saying is, if you approve this tonight, there may or may not be a salon
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 7 of 16
there any time in the future because I don't know that I can make any sense of that. I just want to make
sure that is on the table. Other than that I would be happy to answer any questions.
Mayor Lockwood:
• Do we have any other speakers in support of this application?
Interim City Clerk Gordon:
• No Sir.
Public Hearing Closed
Mayor Lockwood:
• Okay, then I'm going to close the public hearing now. Is there any Council discussion?
Motion. Councilmember Tart moved to approve Agenda Item No. 10-1018, RZ09-05 — 12645 Birmingham
Highway (SR 372) by McRae & Stolz, Inc. to request a rezoning from C-1 (Community Business) to C-1
(Community Business) to change the use from an antique store to general commercial uses with the conditions
recommended by staff with the addition of the following words added to Condition 3(b), which would be for use
at the applicant's business only with regard to the parking spaces. Also to add Condition 5, which states the
following:
Prior to the installation of a driveway, applicant must go before the DRB to review materials used,
.w• location of driveway and potential tree removal.
ftm Second: Councilmember Thurman seconded the motion.
Mayor Lockwood:
• I've got a motion for approval from Councilmember Tart with a second from Councilmember Thurman.
Before we vote on that, I want to make sure the applicant is clear on those two changes and he
acknowledges them. Okay, Is there any discussion? Julie.
Discussion on the Motion
Councilmember Zahner Bailey:
• I want to make sure that any land disturbance would include driveway access and/or parking in the rear.
Will Stolz:
• I could put in 100 parking spaces and never disturb the tree that Robyn is talking about. The back of the
property is essentially an old field. I doubt that there will be even grass disturbed. Whatever you want to
do is fine.
Mayor Lockwood:
• I have a motion and a second. Any more discussion?
Councilmember Longoria:
,.�,,, • I have one other question for Mr. Stolz. That list of Conditions to approve this is pretty short. I didn't see
anything necessarily that was some type of an economic burden that would change the Conditions.
err
Will Stolz:
0 It's not your conditions. It's more you have to go through the Health Dept., DOT, etc.
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 8 of 16
Councilmember Longoria:
• I was worried we were putting a burden on you.
Will Stolz:
• No. I appreciate that.
Mayor Lockwood:
• I think that would happen with any type of use. All in favor please say "I." Opposed?
Vote: There was no further Council discussion. The motion passed unanimously 7-0.
Mayor Lockwood:
• Will the City Clerk call the next Item.
UNFINISHED BUSINESS (None)
NEW BUSINESS
Interim City Clerk Gordon read Agenda Item 10-1039.
A Resolution for Consideration of Projects to be Submitted for the Use of MARTA Capital Reserve
Funding.
Carter Lucas:
,y„ • The Resolution before you tonight is one we have been discussing over the last 3 or 4 weeks regarding the
use of the MARTA offset funds. Approximately $625,000 by the City of Milton for use on transportation
enhancements within one-half mile of our two bus routes near City Hall. If you choose to approve this
Resolution tonight, it will authorize staff to move forward with inclusion of these projects in the first
quarter TIP amendments of the ARC. I wanted to make a couple of comments to you regarding some
things that came up at the last meeting, some clarifications I had from MARTA once this Agenda Item
has been set.
• The first one is regarding acquisition of park land. While MARTA didn't think that strictly fell within the
guidelines for use of these funds, they were willing to send it to their Council for review. If you chose to
modify this Resolution to add that, it's possible for MARTA to review it and make the determination at
that time whether or not it could be forwarded to their project list.
The second one a discussion that we add on bus shelters. I did get some clarification on that. (Shows
picture)..That is the standard MARTA bus shelter that they have recently created. The way the bus
shelters will work is, this particular shelter, with advertising, would be installed and maintained by
MARTA for free. The revenue generated would be split with the City. The revenue would be dependent
on location and advertiser and may amount to up to $1,000 a year. This would vary by location, so it's
not a significant amount. If you chose this same shelter without advertising, or you chose to do your own
bus shelter that would be more in the style of Milton, the construction would be at the expense of the City
as well as the future maintenance.
• Another Item that came up in my discussion with MARTA was the potential for including paving projects
along the bus routes in this funding. We could include this along with the Morris Road Project if you so
nW choose to amend the resolution.
Mayor Lockwood:
0 Questions? Julie.
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 9 of 16
Councilmember Zahner Bailey:
• Would it be your recommendation because as you stated with MLT -05, that being the bus shelters,
because we as a city that those not being promoted by Marta but instead we would absorb that cost. Are
you recommending that if we considered modifying this resolution that this would be removed if we
would add the other two. Or, are you and staff recommending that those still remain but just
understanding that we would have a different style.
Carter Lucas:
• I would say that they would remain because once these are on the list, it doesn't mean that we need to do
the project; it allows us to do the project. We also won't have to amend this list every quarter.
Councilmember Thurman:
• You mentioned adding paving as an additional item on this list. Do we need to have a dollar amount in
there or can we just say MLT -06 paving?
Carter Lucas:
• We'll add it in very general language so it doesn't tie us to any particular road segment, as well as the
dollars associated with that. The language is more important than the dollar amount. We could have $5
million on this list and it would not tie us to anything. The $625,000 could be used to fund the project in
its entirety or assist with funding the project.
�•w• Councilmember Thurman:
• So we could approve the Resolution and then you could adjust Attachment "A" as you determine is
appropriate for the dollars?
Carter Lucas:
• Yes. The way we would word it is paving within one-half mile of Bus Routes 143 and 185. Then we'll
work to see which projects may fall within that criteria.
Councilmember Tart:
• I just need a little clarification before I approve this, because with regard to MLT -05 the Bus Shelters on
Routes 143 and 185, are you telling me that if we were approved for this grant, that MARTA is not going
to be expecting us to put bus shelters on Routes 143 and 185. I've never heard of a grant that you block
out and then decide what you want to do?
Carter Lucas:
• This list would be our wish list that would be in the TIP. We could do any or all of these projects with
this funding. We would not be expected to do any particular project if we so choose not to.
Councilmember Bill Lusk:
• Attachment "A" in the fund allocations are just presented for estimate purposes and are not specifically
allocated?
Carter Lucas:
PWO Yes, we tried to get as close to our cost estimates and will do so with anything added this evening also.
tics Motion. Councilmember Bailey moved to approve Agenda Item No. 10-1039, A Resolution for Consideration of
Projects to be Submitted for the Use of MARTA Capital Reserve Funding with two specific additions to
Attachment A:
MLT -06 which would include land acquisition for parks within''/2 mile of Bus Routes 143 and 185; and
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 10 of 16
MLT -07 which would include possible Pavement Improvements (repair, resurfacing) within '/z mile of
Bus Routes 143 and 185.
Second and Vote. Councilmember Tart seconded the motion. The motion passed unanimously 7-0.
Interim City Clerk Gordon read agenda item 10-1040.
Approval for Execution of a Multi -jurisdictional Byrne Memorial Grant from the US Department of
Justice through the Criminal Justice Coordinating Council to the Atlanta Judicial Council.
Matt Marietta, Assistant to the City Manager.
• In 2009 under the American Recovery, the Bureau of Justice Assistance which is part of the Department
of Justice distributed program grant monies to various to various police departments in a lump sum
without competitive application as part of the Recovery Act.
• The new cities that have formed in Fulton County, Milton, Johns Creek, Sandy Springs and
Chattahoochee Hills were exempted from access to that grant money because of our new status and the
fact that we had not applied and did not have enough statistical data reported to the FBI as they wanted
three years of data and we had not been in existence for that amount of time.
• Simultaneously monies were distributed to the states in a programmatic form that was given to the
pw--ft Criminal Justice Coordinating Counsel which was subsequently distributed to the judicial circuits within
the state of Georgia.
r..r • The Atlanta Judicial Circuit of which we are a part received $500,000.
• Recognizing that the new cities missed out on this grant opportunity, Fulton County proposed that some
of this grant money would be spent for the benefit of Milton, Johns Creek, Sandy Springs and
Chattahoochee Hills.
• The new cities will all participate in a group project which enhances the overall Fulton County system but
has specific benefit to the City of Milton.
• The sub -grant award that is coming to the City of Milton is $25,000.
• This would be specifically for purchasing a Mobile Identification System, a portable IAFIS identification
system which can take fingerprints via computer scanner and check it against the FBI and GCIC database
to see if individuals have criminal history. We do not have this onsite at this time in Milton.
• The documents distributed in your packets have Fulton County and the Board of Commissioners filled in
the blanks so obviously Milton will not be signing any documents that have Fulton County Tax
Identification in them so I have been in contact with the four other counties to alleviate that problem.
• There is a short window that the government wants the documentation returned.
.00.
• Pursuant to acceptable review by the city attorney, asking for approval from the council that if the
r documents once rewritten are beneficial to Milton that we can execute this grant document and Milton
can receive the award as a sub -grantee of Fulton County.
Councilmember Thurman:
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 11 of 16
• Based on what she has read, this is a non-matching grant so this is basically a $25,000 given to us?
Matt Marietta:
• It has to be spent in accordance with the overall county project because it comes through the Judicial
Circuit's hands on the overall but there is no match.
Councilmember Thurman:
• Is this about the amount of money that we expect the equipment to cost us or is there additional cost?
Matt Marietta:
• Yes, this is based on the general price of what the equipment costs but there should not be any additional
costs.
Councilmember Zahner Bailey:
• On the last page, which states that Milton will be responsible for maintenance and upkeep of the items
once the funding runs out, I assume that cost of maintenance is very low?
Matt Marietta:
• It's access to the federal database. Minimal to none.
Chris Lagerbloom, City Manager:
• This is one of those times we are not asking council to approve the document as we cannot sign this
document. Speaking to the city attorney earlier, if someone is willing to make a motion that basically
authorizes the Mayor to execute a grant application in reference to the Byrne Memorial Grant.
Motion and Vote. Councilmember Thurman moved to approve Agenda Item No. 10-1040, authorizing the
Mayor to execute a Multi jurisdictional Byrne Memorial Grant from the US Department of Justice through the
Criminal Justice Coordinating Council to the Atlanta Judicial Council once approved by the City Attorney.
Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0.
Interim City Clerk Gordon read the next item which was added to the Consent Agenda by Motion and Vote.
Added by Motion and Vote
Approval of an Intergovernmental Agreement By And Among The Cities Of Alpharetta, Dunwoody, Johns
Creek, Milton, Roswell, And Sandy Springs, Georgia For The Acquisition Of Color Aerial Photography
And Light Detection And Ranging (LiDar) Data.
Ken Jarrard, City Attorney:
• Passed out a proposed IGA that will authorize the City of Milton to join in partnership with Alpharetta,
Dunwoody, Johns Creek, Roswell and Sandy Springs to participate in the U.S. Geological Assistance
Award Program.
• A month ago this council authorized an IGA to participate in aerial imagery and we were going to pool
resources to get a good deal on our aerial imagery project.
,... • Alpharetta was the sponsoring entity to solicit RFP's and would share that reduced cost with the other
cities.
• Sandy Springs is spearheading where there is US Geological Survey grant money available and they
would like all the cities who participated in the earlier project to participate in fund the aerial imagery
project.
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 12 of 16
• We are agreeing to participate with Sandy Springs, who would be the entity who would complete the
application and we would agree to cooperate with them and provide staffing sources if needed.
• The pool of money that comes in with this grant, we would split on a pro rata basis based on our
geological area of the whole.
• We are looking for permission to say to Sandy Springs to sign the application for this money on our
behalf.
Motion and Vote. Councilmember Tart moved to approve an Intergovernmental Agreement By And Among The
Cities Of Alpharetta, Dunwoody, Johns Creek, Milton, Roswell, And Sandy Springs, Georgia For The
Acquisition Of Color Aerial Photography And Light Detection And Ranging (LiDar) Data. Councilmember
Thurman seconded the motion. The motion passed unanimously 7-0.
MAYOR AND COUNCIL REPORTS
Mayor Lockwood:
• Thanked our public safety and fire department for making Milton look good.
• Thanked the staff of the Finance Department for making Milton look good.
STAFF REPORTS
Discussion of Needs Assessment Survey for Parks and Recreation.
(Presented by Cyndee Bonacci, Parks and Recreation Director)
City Manager Lagerbloom:
• The first one would be a discussion of the Needs Assessment Survey for Parks and Recreation. Awhile
back I circulated an e-mail that indicated this was our next step. One of the things in the process was to
make a determination as to how many citizen we actually surveyed, whether we surveyed everybody, or
whether we surveyed a portion of the population. At the time I sent out that e-mail, I indicated we were
seeking prices for what it cost to do the entire city versus just a sample population, both of which would
end up with a similar result - one where we would reach out to each citizen to get their feedback and the
other where only a portion would be still represented by the sample. We now have prices and Cyndee
will make a presentation and tell you why she professionally believes we need to survey the entire city,
but the cost was such that it was not anywhere near what we had estimated initially. Cyndee will explain
this process to you.
• I would like to take the opportunity tonight to introduce to you Cyndee Bonacci. If you have not met her
yet, she's our Parks and Recreation Director.
Cyndee Bonacci, Parks and Recreation Director:
• First let me say it's an honor to serve as your Parks and Recreation Director. I am very excited about this
opportunity and the potential for expansion and a great and parks and recreation system here in Milton.
• I've typed up a brief synopsis of how we got to where we are in the needs assessment process. I'll take
you back as to how we have transitioned to this point.
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• As a result of the completion of the Park Assessment Plan, a Needs Assessment has become the next
r.r�r priority of the Parks and Recreation Department. Information must be collected from Milton citizens to
determine the future of a comprehensive Parks and Recreation initiative. In November 2009, an RFP for
a City of Milton Parks and Recreation Needs Assessment was released to six firms. In December, three
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 13 of 16
firms had successfully responded with proposals. Follow-up with each firm was conducted to make sure
that the pricing and scope of work were comparable.
The scope of these initial proposals was to mail a Needs Survey to a "sampling" of Milton households.
This would mean roughly 1 of every 3 households would receive the mailed survey. This initial option
was pursued primarily to reduce the cost of the project. Upon further consideration of staff and wanting
as many Milton citizens as possible to have input in this process while still limiting the overall cost, an
online web survey was added to the RFP. This online web survey would allow citizens who possibly did
not receive the mailed survey an opportunity to give input. However, the results from the web survey
would not be statistically valid and thus would not carry the same weight as the mailed survey results.
Upon further consideration, the RFP was again updated to include a bid for mailing to each Milton
household, roughly 11,500 mailings. This option would allow every Milton household to have input in
this landmark process if they choose.
This final option for the Needs Assessment is the best option for Milton for a variety of reasons. This
needs assessment is historical and will serve as the foundation for parks and recreation initiatives for at
least the next 5-10 years. Because this is the first Parks and Recreation Needs Assessment, it is critical to
include as many citizens in the process as possible while collecting statistically -valid data. If citizens do
not support and trust the input process, they very well may not accept or support the results. This could
be a long-term detriment to the City when citizen support is needed for parks and recreation funding
initiatives in the future.
+.-� • The main reason that this ideal option was not actively pursued initially was the cost factor. The thought
was that the all-inclusive survey could as much as double the cost of the project. However, the bids for
the 11,500 mailing were not double but only an increase of roughly $6,000.00. While this is an increase
above the cost of the sampling, the increase is worth it because all citizens will have the opportunity to
participate in the process. This will allow the results to carry additional merit with citizens as future
initiatives are identified. Basically this cost increase will serve as an investment into the future of Milton
Parks and Recreation.
As the Director of Parks and Recreation, I feel strongly that if the City of Milton is going to complete this
Needs Assessment Process, it should be done right from the beginning with no regrets as to how it could
have or should have been done. This historic data is just too vital to take a chance on a less than ideal
process. We are ready to award the contract to the lowest bidder for the 11,500 all-inclusive mailing as
early as tomorrow.
• The entire project will take approximately 12 weeks from the time contract documents are executed. I
will be happy to take questions.
Mayor Lockwood:
• Any questions for Cyndee?
Councilmember Tart:
First of all, welcome. I have a question about incentives (gift certificates, random drawings, etc.) for
people to return their surveys. Has this been considered for this?
Cyndee Bonacch
• Because we have not awarded the project to a firm yet, we have not gone into incentives yet. We can
look into that and discuss incentives for that. I feel like where Milton is historically that we will probably
get a lot more feedback than we normally would anticipate from a Needs Assessment type survey. But
we can definitely look into incentives for returns.
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 14 of 16
Councilmember Thurman:
Will the company work with us as to the exact questions in the survey?
Cyndee Bonacci:
• Correct. The draft of the questions and that process has already begun. The only thing that we may add
to that draft of questions is, now that special events falls under Parks and Recreation, it may be a good
opportunity to include a question specifically relating to special events. This was not included in the
original draft of questions. Once a firm is selected, they will work with us to make sure the questions are
written correctly, will be statistically valid and can be analyzed correctly to get the results that we need.
Councilmember Zahner Bailey:
• Welcome. It's very nice to have you. I'm assuming the RFP went to not just a mail house but to
corporations and will focus specifically on valid samplings. I'm assuming that because this is meant to be
a survey that contemplates the whole of Milton and not any one individual park, it will also contemplate
the need for additional places and not just what we might do with the initial land that we have. I assume
it will cover a whole host of categories.
Cyndee Bonacci:
• Correct. It will address program needs, park needs, both from an active recreation standpoint as well as
more green space, natural passive uses. It will be very diverse and should cover basically everything that
we are interested in gathering from the public. That's the whole point. One thing is, when we're crafting
a survey, we need to try and keep it short and sweet because people lose interest if it's lengthy and it can
�•-* be intimidating. So the length of it will play a factor and the firm we select will help craft the questions
and determine the length so it is not intimidating for people to complete. But it will be very diverse and
should cover a very broad range of recreational opportunities based on facilities and programs.
Councilmember Zahner Bailey:
• Will it also contemplate questions in terms of financing options?
Cyndee Bonacci:
• Yes, there will be some questions on there as far as what citizens would support in the future. If they
want certain amenities in Milton, would they support funding for the creation of those amenities and
different options for doing that, such as a bond referendum.
Mayor Lockwood:
• Are there any Council members who are opposed to doing the full survey of all the citizens as opposed to
a smaller sampling?
Discussion on Crabapple Circle Abandonment.
(Presented by Carter Lucas, Public Works Director)
City Manager Lagerbloom:
• Mr. Mayor, we started to talk about a work abandonment issue at the last work session and a new
document that came to light that we need to do some research into; it looks as though we still have an
issue to talk about, so we need to bring that back forward and talk about the Crabapple Circle
Abandonment.
Carter Lucas:
• This is a quick follow-up to the document that had been provided. Since we had a chance to look at it, it
does look like that document abandoned everything except what's been brought forward at this point. We
have about 297 feet from Birmingham Highway back up the old Crabapple Circle Road that requests to
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 15 of 16
be abandoned under this current application. Under our process, we would advertise this for 2 weeks and
look to bringing forth a resolution for your consideration at the March 1S` Council Meeting.
Councilmember Thurman:
• What are our options? Is this something we have to abandon? Is it something we could just keep as City
property? I guess I'm still a little bit confused because the person who did the original abandonment was
led by Leland Holmes and it looks to me that based on what we're abandoning, a lot of it is the property
adjacent to them where they have built their retention pond, so they're under the assumption that it has
already been abandoned, I believe. Was there a problem with the legal description? Initially it was
supposed to be the entire road and that's what was advertised when that abandonment was done in 2005.
Carter Lucas:
• Everything in the title search indicates that the property adjacent right behind the gas station around the
corner was not included in the abandonment.
Councilmember Thurman:
• That's what the project was supposed to be and I think part of that Leland has already built a retention
pond. What options do we have? It's a quarter acre that might possibly become a pedestrian pathway. I
don't know if there is any use for it. I hate to just give it to them without looking to see whether or not
there was a use for it for the City.
Councilmember Zahner Bailey:
• • I don't think we want to be in the habit of just giving away property, especially when we talked about the
need for more green space in Crabapple. I think we've acknowledged in prior public hearings that the
green space that was supposed to be allocated within Crabapple was indeed not given. Whether it be a
pedestrian or bike lane, this could still be part of the transportation master plan that we have recently
approved. I would be in favor of maintaining it as City property and keep all of our options available for
our citizens.
Mayor Lockwood:
• At this point I'll confirm that we don't have to bring it forward for an actual denial. We just won't bring
it forward at this point and if it ever comes up in the future we will. Is there anybody who is in opposition
to that and we'll leave well enough alone?
City Manager Lagerbloom:
• Mr. Mayor, I just have one more thing. I want to introduce the City of Milton's new Community
Development Director. Her name is Lynn Tully. She's in the audience and you'll have a chance to meet
her personally in a minute if you haven't yet. Lynn served as Community Development Director in
Dawson County. She's also served in Cherokee County, as well as Kingsport, Tennessee. She has a
Master's Degree in City Planning from Georgia Tech, as well as a Bachelor of Science Degree as an
architecture major from Georgia Tech. It was a very exhaustive process we went through, and I'm
comfortable that Lynn is a good fit for our team and a good fit for Milton. She comes with a lot of
professional experience and I'm encouraged that this is our last hiring decision that we needed to make to
finish off the transition. I think it's a very positive one for Milton. She really hasn't started yet. We
made the job offer yesterday and I told her she could get a crash course in Milton government by coming
Wo„ to our Council meeting. Lynn will be with us on a full-time basis starting next week.
EXECUTIVE SESSION
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The purpose for the Executive session is to discuss potential land acquisition, personnel and potential
litigation.
Regular Meeting of the Milton City Council
Wednesday, January 20, 2010 at 6:00 pm
Page 16 of 16
Motion and Vote: Councilmember Thurman moved to adjourn into Executive Session at 7:25 p.m.
,., Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0.
RECONVENE
Motion and Vote. Councilmember Lusk moved to reconvene into Regular Meeting at 7:35 p.m. Councilmember
Hewitt seconded the motion. The motion passed unanimously 7-0.
ADJOURNMENT
(Agenda Item No. 10-1041)
Motion and Vote. Councilmember Thurman moved to adjourn the Regular Meeting at 7:36 p.m.
Councilmember Lusk seconded the motion. The motion passed unanimously 7-0.
Date Approved: February 17, 2010.
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Sudie AM Gordon, In erim City C erk
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J& Loc od, Mayor