HomeMy WebLinkAboutMinutes CC - 03/01/2010 - 03-01-10 Reg. Mins (Migrated from Optiview) (2)Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 1 of 15
go" 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 March 1, 2010 at
6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Worship Leader Ken Hayes, Crabapple First Baptist Church
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Interim City Clerk Gordon called the roll and made general announcements.
Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey,
Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan
Tart.
PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Approval of Meeting Agenda (Agenda Item No. 10-1059)
Mayor Lockwood:
• Do 1 have a motion and second?
City Manager Chris Lagerbloom:
• I would like to add an Executive Session for the purpose of discussing potential land acquisition.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item 10-1059, Approval of Meeting
Agenda, with addition of Executive Session. Councilmember Lusk seconded the motion. The motion passed
unanimously (7-0).
PUBLIC COMMENT
Mayor Lockwood rear the rules for Public Comment.
• Public comment is a time for citizens to share information with the Mayor and City Council and to
provide input and opinions on any matter that is not scheduled for its, own public hearing during today's
meeting.
• There is no discussion on items on the Consent Agenda or First Presentation from the public or from
Now" Council.
• Each citizen who chooses to participate in public comment must complete a comment card and submit it
r�rr to the City Clerk.
• 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.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 2 of 15
Buck Bell, 13225 Bethany Road, Milton, GA 30009
0 I'm here tonight to talk about the Birmingham sidewalk project in regard to the John Wieland case.
• I believe there is a situation that is unclear as to what is happened with this matter. Apparently it was an
oversight that occurred between Fulton County and GDOT that they approved each other's plans without
taking into consideration that the sidewalk was being put in simultaneously when we were becoming a
City.
• When it became time to put in the turn lane in the middle of Birmingham Road to access the John
Wieland property, it came to my and two of my neighbors' attention that we were going to have to give
some of our land up so they could replace the sidewalk. This was because they didn't know the sidewalk
was going in when they approved putting in the turning lane, which would consume the sidewalk.
• It was told to us that if we didn't give the land, the sidewalk would not be replaced. Wieland agreed to
pay for the improvements, but the citizens had to give the land. At one time we met with staff and they
agreed to put together a plan to not only replace the sidewalk but also to improve some of the changes.
• This happened under an oversight during original rezoning. Now we have another rezoning. It would
seem to be fair to the community that if the applicant can come in and have their mistakes changed for the
betterment of their company and development, then certainly the citizens and City of Milton should be
able to ask for the same correction. I am simply trying to get this matter corrected at a time when it
should be corrected during a public rezoning.
• I would love to have the staff back out to discuss an enhanced improvement so the citizens who gave their
land would not only just see the sidewalk pushed further onto their property but would get some other
enhancements, like a tree row, and replacements for assets taken. I was told by staff previously that the
Crabapple Crossing Elementary had also gotten involved because it involves their stacking lane.
• Councilmember Thurman made a suggestion in an e-mail that maybe we should just do away with the
amw turning lane because Crabapple is trying to become more of a walking community. I think this is the best
idea yet and could solve this whole thing.
Patti Silva, 1685 Highgrove Club Drive, Milton, GA 30004
• I'm here to publicly thank Officer Justin Wong, who directs traffic for the schools on Birmingham
Highway, which are incredibly congested in the morning. In lieu of a light, he's the next best thing.
• The police do a great job, and I don't think they hear compliments enough from citizens.
CONSENT AGENDA
Interim City Clerk Gordon read the Consent Agenda items:
1. Approval of the February 1, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1060)
2. Approval for the Addition of American Disposal Services, Inc. to the List of Approved Solid Waste
Haulers for the City of Milton.
(Agenda Item No. 10-1061)
3. Approval for the Addition of Red Oak Sanitation, Inc. to the List of Approved Solid Waste Haulers for
the City of Milton.
(Agenda Item No. 10-1062)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda as presented. Councilmember
Thurman seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 3 of 15
"am REPORTS AND PRESENTATIONS
1. A Census Awareness Week Proclamation.
(Presented by Mayor Joe Lockwood)
Mayor Lockwood:
• I proclaim,
o Whereas, Article 1, Section 1I of the United States Constitution mandates that a census of the
United States population be conducted every ten years, with the next census scheduled to be
conducted on April 1, 2010; and.
o Whereas, the 2010 United States Census will be the City of Milton's first national Census since
incorporation, and an accurate count of the population is critical to the fair and equitable
distribution of community services and approximately $400 billion in Federal funds to local, state
and tribal governments each year; and
o Whereas, Census data guide local decision -makers in important community planning efforts,
including where to build new roads, hospitals and schools; and it determines how many seats each
state will have in the U.S. House of Representatives as well as the redistributing of state
legislatures, county and city council, and voting districts; and
o Whereas, the Georgia General Assembly passed Resolution No. 914 in both the House and the
Senate declaring the week of March 8, 2010, through March 14, 2010 as Georgia Census Week in
order to build support and awareness throughout the state, and urging the residents of Georgia to
-- participate completely in the United States 2010 Census to provide an accurate count of the
population of Georgia in the 2010 decennial census; and
r o Whereas, the City of Milton recognizes the importance of the United States Census and its role in
gathering the data used to maintain the levels of service essential to the quality of life of Milton
residents; therefore, we encourage our citizens to complete and return the census questionnaire, to
ensure a complete count of Milton's residents; and
o Now, Therefore, we the Mayor and City Council of the City of Milton, in accord with the State of
Georgia, hereby dedicate and proclaim the week of March 8, 2010, through March 14, 2010 as
CENSUS AWARENESS WEEK in the city of Milton and urge all citizens to complete the
United States 2010 Census questionnaire by April 1, 2010.
o Given under my hand and seal of the City of Milton, Georgia on this 1 st day of March, 2010. Joe
Lockwood, Mayor.
City Manager Lagerbloom:
• We have someone here from staff that's going to present an update as to what's going on with the census.
Michele McIntosh -Ross:
• Back in January the Census Bureau asked all local governments to help with the Census and to encourage
our residents to complete the form by April 1, 2010.
• We signed up as a partner and joined other Georgia communities to aid the Census initiative.
• We have established Census information pages on our web site, put posters around City Hall, and given
flyers to several community committees, schools and businesses in the City of Milton. City Hall will also
be available as a site for questionnaire pick-up and other information.
• Some members of CPAC have expressed willingness to volunteer if necessary. Today on our web site we
established a game where you can guess the population of Milton. We won't know the answer until
December or January. We'll have prizes for the winner.
• There's a new initiative from the Census Bureau called Take 10. It's a mapping device on the web site
that allows you to put your zip code in and you can check as of April 1 st what the response rate was based
on the mail back forms. Our aim is to have 100% return their forms. If that isn't accomplished, Census
people will follow up.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 4 of 15
• They've also asked if any city wants to challenge any other city to have a 100% response rate.
r
Councilmember Tart:
Is it possible to engage local businesses to perhaps do a raffle of some sort? I know that was quite
successful during the first survey that we did for the Comprehensive Plan Development.
Michele McIntosh -Ross:
• We could definitely do that.
FIRST PRESENTATION
Approval of an Ordinance To Amend Chapter 7, Alcoholic Beverages, Of The City Of Milton Code Of
Ordinances.
(Agenda Item No. 10-1070)
2. RZ10-01NC10-01 - 3105 Bethany Bend (Southeast corner of Bethany Bend and Hwy. 9) by D Squared
Development, LLC to rezone from AG -1 (Agricultural) and C-1 (Community Business) to C-1
(Community Business) to develop a 2,400 square foot gas station with 5 pump islands at a density of
2,755.45 square feet per acre. The applicant is also requesting a concurrent variance to reduce the 20 -foot
landscape strip to 10 feet along Bethany Bend (Section 64-1090(a)).
(Agenda Item No. 10-1063)
..-. 3. ZM10-01— Birmingham Hwy. (SR 372) (West Side) and Crabapple Road (North Side) a/k/a Braeburn by
John Wieland Homes and Neighborhoods, Inc. to request a 5 -part modification to Z05-117 for the
low following:
1) To modify Condition Ld, which currently allows up to 54 townhomes at a maximum density of 0.86
dwelling units per acre to allow up to 47 townhomes at a maximum density of 0.75 dwelling units per
acre based on total acreage zoned, whichever is less.
2) To modify Conditionl.e, which currently allows up to 45 single-family residential units at a maximum
density of 0.72 dwelling units per acre, to allow up to 52 single-family residential units at a maximum
density of 0.83 dwelling units per acre based on total acreage zoned, whichever is less.
3) To modify the required minimum lot size in Condition Lf from 18,900 square feet such that no more than
three (3) lots shall have a minimum lot size of 10,890 square feet (approximately 1/4 acre) or above, at
least three (3) lots (Lots 11-13) shall have a minimum lot size of one (1) acre or above, and the remaining
lots shall have a minimum lot size of 14,500 square feet (approximately 1/3 of an acre) or above.
4) To modify Condition 2.a to replace the revised site plan received by the Fulton County Department of
Environment and Community Development on June 7, 2006 with the revised site plan received by the
Milton Department of Community Development on February 4, 2010.
5) To modify Condition 3.e to reduce the 15 -foot building separation to a 10 -foot building separation with a
5 -foot side yard setback for lots less than one (1) acre.
(Agenda Item No. 10-1064)
Mayor Lockwood:
• Do I have a motion and second?
Motion and Vote: Councilmember Hewitt moved to approve the First Presentation. Councilmember Tart
seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 5 of 15
am" PUBLIC HEARINGS
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Approval of the Issuance of an Alcohol Beverage License Application to All About Spirits
Incorporated d/b/a All About Spirits located at 15840 Birmingham Highway, Suite B, Milton,
Georgia 30004. The applicants are Tana Coleman and Terry Coleman for Package Retail Sale —
Distilled Spirits.
(Agenda Item No. 10-1065)
(Presented by Stacey Inglis, Finance Director and City Treasurer)
Stacey Inglis:
• The applicants have met all requirements of the City Ordinance and staff recommends approval of this
alcohol beverage license.
PUBLIC COMMENT
Tim Allen, 904 Ravenwood Way, Canton, GA 30188
• I own the Barn Bottle Shoppe located at the Birmingham Publix, which sits across the street from the
Shell gas station where this package store is proposed.
• I come here opposed, not only as a business owner, but as a person who shops in the community.
• My wife and I brought our business to Milton to provide an upscale wine and craft beer store with
'"� accessory liquor sales.
• When we went to open our business, we found out that there was a zoning condition against package
w.. stores at the Four Corners. We felt we could work with the community to figure out how to get this to
work.
• Within 6 months of opening the store, we were getting many requests for liquor and distilled spirits. We
came forward with a zoning request, which included self-imposed restrictions minimizing the amount of
liquor we can have, how we can have it stored and displayed, etc. because of the concern in the
community against a package store.
• For the last 2 '/2 years we've been working with the community trying to make our business work. We
went from 30% liquor to 10%, no check cashing, no lottery tickets, etc., doing everything possible to
assure the community we were an upscale wine and craft beer store.
• As you know, there's only room for one liquor license out there. It's 500 yards away from each other, so
obviously this has a huge impact on my business as well as a negative impact on the community.
Jeff Dahmer, 6400 Powers Ferry Road, Atlanta, GA 30339
• I'm with the law firm of Hartman Simons on behalf of Armstrong Development, the owner of the
shopping center where Mr. Allen is a tenant. We also oppose the application.
• We're very concerned and disappointed by the history over the past couple of years in terms of trying to
get a more upscale business in the area.
• From what we can tell, we're looking at a competitor across the street that has no restrictions on what
they can sell and other aspects of their business.
• Clearly, Mr. Allen will be impacted as well as Publix since they also sell wine and beer.
• We ask that the application be denied and reserve any other rights that we may have to appeal the
decision or otherwise pursue other action in the future.
M"" Patti Silva, 1685 Highgrove Club Drive, Milton, GA 30004
• I'm here as a concerned resident. As a huge Milton advocate and a neighbor of the Birmingham
Crossroads area, I'm a customer of Tim's and have worked with him through volunteering in Milton.
• This is a business owner that is passionate about making things succeed at that corner.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 6 of 15
• I think this whole thing needs to be thought out a little more before we grant an alcohol license to one
r.. corner when this gentlemen cannot have it. Is there some legal loophole that I'm not aware of?
Melissa Haisten, 376 Powder Springs Street, Marietta, GA 30064
• I'm with Sams, Larkin & Huff and I represent the applicants for this application.
• These are people who are excited about opening a business in this city and being a part of this
community.
• Their intention is to open an upscale bottle shop. It's only going to have distilled spirits. They won't
have anything else so it's not competing with Publix or the gentleman across the street. It seems to me
that this is more about a business owner that doesn't want competition.
• They plan to completely redo the inside of the location completely. These people are ready to make sales
in the proper manner. The owner will be present at all times while the store is open. They will ID
everyone that looks under the age of 40 to make sure there are no sales to minors.
City Manager Lagerbloom:
• I'd like to say that I realize we've spent a lot of time and energy on this particular application over the
past couple of days.
• I'd like to provide information as to the research staff has done regarding this application and then we can
answer any questions.
• Our Community Development Director has put together a step-by-step process of the zoning history.
Lynn Tully, Community Development Director:
Now • 1955 — Zoning was instituted in Fulton County. Zoning maps were completed at that time. The
referenced parcel was zoned C-1 with no conditions in an approximate 400'x400' square.
• Several Rezoning and Use permit requests have been approved in the vicinity of this parcel, most of
which have additional conditions required pursuant to zoning approval.
• In each case researched, the existing zoning maps included with the reports showed the parcel in question
to be zoned C-1 with no conditions. These maps include rezoning cases as far back as 1959 (Z59-32).
• The rezoning conditions for the cases on the other three corners of the intersection (2004Z-0116 and
2004Z-0043) each specifically condition the uses for those corners to exclude liquor package stores
among other uses.
• The existing gas station and convenience store (with a tenant space) was built between 1993 and 1999
(further Permit research pending).
• Further, the Birmingham Crossroads Plan approved March 3, 2004 outlines the history of the intersection
stating:
"In 1955, when Fulton assigned zoning designations for all of the land within its jurisdiction, each corner
(ranging from 2.5 to 4.1 acres) of the Birmingham Highway and Hickory Flat Road/Birmingham Road
crossroads was designated as Community Business (C-1). The zoning reflected some of the existing
commercial uses at that time. Commercial Zoning on these 13.3 acres is still in place today (See map 5)
OWN (this includes the 0.97 acre parcel zoned C-1 and located outside of the study area and owned by the
Birmingham United Methodist Church) ... The parcels zoned unconditional Community Business (C-1)
&M can be used and developed for commercial uses as long as they meet the Fulton County Zoning
Resolution including the Northwest Fulton Overlay and development standards. These parcels,
particularly those facing Birmingham Highway, could develop with automobile oriented uses, such as a
gas station, convenience store, and fast food restaurants."
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 7 of 15
,, • In addition, the original zoning designations were checked against the developed parcel in question via
layered GIS mapping and the property and development is fully included within the area zoned C-1.
• Based on this evidence and notwithstanding any new information, staff is of the opinion that the subject
parcel is zoned C-1 with no conditions and has existed as such since the 1955 inception of zoning for
Fulton County.
Councilmember Zahner Bailey:
• Several folks have indicated an issue with the signage for the application. Can you speak to when the
applicant signs went up in terms of public notification?
City Manager Lagerbloom:
• Public notification with regard to signage would have been required on February 8, 2010. We have 3
different photos in our file that represent that the signage went up. As required by law, this was
advertised in the legal newspaper.
Councilmember Zahner Bailey:
• Ms. Tully, do we have evidence of the original zoning in 1955 and the language that would have been the
standard conditions at that time?
Lynn Tully:
• We don't have a copy of the original zoning at this time. I think it would take some digging to find the
original 1955 zoning map. I'm sure Fulton County does have it.
Councilmember Zahner Bailey:
• Is it reasonable to assume that there would have been language at the time that would have been adopted
by the then Commissioners that might have had additional prohibitions or conditions that would have
accompanied this approval?
City Attorney Ken Jarrard:
• It's possible. I believe at one point the City Manager may have reached out to some individuals that had
some experience with Fulton and I don't think they provided as much certainty on this issue as we would
have liked.
• 1 have reached out to the applicant's attorney looking for any information they might be able to bring
from the owner of the property. That did not yield fruit either.
• My office called Fulton and they said that Milton has been provided with everything they have. I don't
agree with that 100% since it's very likely this is still with Fulton County.
Councilmember Zahner Bailey:
• Given that we don't have copies of the actual zoning and the text that went with it, it seems to me that it
would be reasonable for us to be able to get the original records from when this building was first built.
• I ask that we consider a deferral that's time stamped to March 15`h that would give us time to make sure
we've done all proper due diligence. We've done that in other cases where we've had some question as
to the data.
Councilmember Lusk:
• Question for counsel. If this application were approved tonight based on the information that we have in
hand now stating that current zoning has no conditions attached to it, if it were revealed at a later date that
in fact there were conditions, in your opinion how would that be reconciled?
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 8 of 15
am" City Attorney Jarrard:
• It would be reconciled by the license needing to be rescinded. If the Council moves forward this evening
and grants it and then in the next few weeks it is determined that there was an express prohibition against
some sort of zoning condition, then I think even the applicant would acknowledge that would render null
the license grant.
Councilmember Longoria:
• I can't imagine that we need to go so far to look in suitcases, basements and attics for documents
pertaining to zoning of that property. I'm assuming that the City, and specifically Lynn, has gone to the
official outlets for gaining the authority that's required to make a determination of the zoning.
• Are we saying that we have gone to those authorities and now it's time to look in places that we can't
control and wouldn't necessarily be considered authoritative proof in terms of the zoning itself?
City Attorney Jarrard:
• I think the City has a requirement to do limited due diligence to make sure you have all the facts
necessary to make a decision. We have reached out to Fulton County, which is the authority that would
have the material, and they have indicated that we have everything.
• Lynn has gone back 40-50 years to try and get this information. There's been a lot of due diligence.
Councilmember Longoria:
• That's my point — that we've done what's possible at this point. I can't imagine allowing someone to
■""' invest money and build a business only to find out two months down the road that the license that was
granted to them was no good.
City Attorney Jarrard:
• I'm not suggesting what we should or should not do in this meeting. I think the question that was asked
of me was, if this were to occur, what would be the impact of that. I'm telling you as a matter of law that
would be the impact.
Councilmember Longoria:
• I guess what I'm trying to find out what kind of document could show up that would cause our decision to
be null and void?
City Attorney Jarrard:
• I'm talking about the original zoning, minutes of the Fulton County Board of Commission meeting. I'm
simply saying if that information was uncovered and it was something somebody at Fulton County could
certify as true and correct, that would be something worth considering.
Councilmember Longoria:
• I'm less apt to push this off to another date when we essentially have the documentation that we need in
front of us.
Councilmember Tart:
• I've been doing this job long enough to know that Fulton County is not exactly famous for their record-
keeping abilities or ability to produce information in a timely or even accurate fashion.
• Given the public outcry for this case and the fact that we do need to follow the law, I want to make sure
we've done everything we possibly can before deciding this issue to be sure that (a) we are following the
law and (b) it will not come back later that we would have to rescind the permit.
• Based on that, I would like to give staff a couple more weeks to try to get the original zoning.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 9 of 15
iwr Motion and Vote: Councilmember Tart moved to defer this case until the March 15, 2010 meeting. There was
no second to the motion.
Councilmember Thurman:
• When Fulton County originally put the zoning in place in 1955, it was a blanket rezoning. They did not
do conditions on specific parcels back then. It wouldn't be bad to have that information but I don't think
it will change anything we have.
• I have a legal question. If they meet all the qualifications for an alcohol beverage license, we really don't
have a lot of choice, do we?
City Attorney Jarrard:
• If a governing authority creates the Ordinance and if any applicant satisfies the requirements of that Code,
then we need to grant the application.
Mayor Lockwood:
• I've gotten several e-mails from people and comments on not wanting a new liquor store in our
community. Whether we want to approve it or not, legally what do we have? We've had plenty of time
and staff has spent plenty of time looking for these answers. My question to staff is, do you think there's
anything else you may uncover if you have more time?
City Manager Lagerbloom:
• Let me just tell you what we've done at this point to find that 1955 case. We actually filed an open
records request with another governing body, which is not something that you typically do. I have to
maw believe if we find this document; it won't be through a traditional format. We used the highest power we
have as a local government, which is the force of law to compel them to produce a document, and we still
have not had success.
• You may remember the boxes that were full of roaches that were delivered from Fulton County that we
had to put in a trailer and exterminate before we could bring them into the building. That box is where
they say this document is. We have long since scanned each of those documents into our records
management system.
• We're happy to continue looking, but I just want to be very clear that many hours have been expended
researching this particular application before it came forward.
Lynn Tully:
• I'll speak to traditional zoning. Typically, the farther back you go, the fewer conditions you find. My gut
tells me that what we would find would be a simple straight -forward zoning ordinance from the 1950's
with very little in the way of restrictions and probably nothing specific in relation to liquor package
stores.
Councilmember Thurman:
• I personally looked back to 1990 and there's nothing.
Councilmember Zahner Bailey:
• Given that there was some evidence going back to 1959 that there were restrictions against liquor package
stores, and I suspect it's because there are churches in the area, I'm looking for legally binding
information that will protect all parties.
iftw • Fulton County did put some of their documentation on microfiche. I don't know if the attorney
necessarily went back to the microfiche. Also, we have a resident that was party to the permitting process
in the 1990's when that station was built. Her name is Cynthia Chamblee. She lives a mile from this. I
just think it's worth 1 or 2 more phone calls to Fulton County to give peace of mind to everyone involved.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 10 of 15
NOW Councilmember Thurman:
• I reviewed the stuff from the 90's with the Chamblee thing, and it has nothing in it about this with
conditions.
Councilmember Hewitt:
• It looks like the third bullet item down in this report that it went back to 1959 with no conditions and the
only time conditions entered in the area were in the 2004 cases. Is that correct?
Lynn Tully:
• There is a zoning case listed on the map as Z59-32. It's not for that property, but it's in the vicinity. This
is simply to show an example of the fact that when they changed zoning, it was noted on the map and they
were fairly meticulous about doing that.
• This particular property did not have a note. Therefore, the assumption would be that there was no
condition. The 2004 cases had extensive conditions that specifically limited liquor sales.
Councilmember Tart:
• To address the issues that a lot of citizens are having, if you take out of the equation that there's a great
business already in the area and put back in the equation what is needed to ensure that the particular
business coming before us tonight fits in the area, is there anything we can do to ensure that this business
fits the vision of the area?
"^' City Attorney Jarrard:
• I can answer the question of whether you can attach conditions to an alcohol permit. My answer is, I
a" would recommend against it. I think those things would be picked up when they come in to pull the
requisite permits to begin the build -out.
• With respect to the license itself, it's not appropriate now.
Motion and Vote: Councilmember Zahner Bailey moved to defer this case until the March 15, 2010 meeting,
expressly for the purpose of allowing staff and our attorney to look in a couple more spots in Fulton County to
provide the information we have not yet gotten. Councilmember Tart seconded the motion. The motion failed (5-
2).
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 10-1065, the Alcohol Beverage
License Application to All About Spirits Incorporated d/b/a All About Spirits located at 15840
Birmingham Highway, Suite B, Milton, Georgia 30004, applicants are Tana Coleman and Terry
Coleman for Package Retail Sale — Distilled Spirits. Councilmember Thurman seconded the motion, but
asked staff to try one more time within the next week to get the actual minutes from the zoning from 1955 to see
if there is any more information or conditions before any money is expended.
Mayor Lockwood:
• Discussion?
Councilmember Longoria:
• Ken, if the applicants foots the bill on all the requirements for the license, we can't deny it, is that what
""' you're saying?
City Attorney Jarrard:
0 Yes, if the applicant meets all of the requirements that we establish in our Ordinance.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 11 of 15
*N. Councilmember Longoria:
• Our staff has gone over the requirements and made sure that the applicant meets those requirements. In
the meantime, citizens are voicing their opinion about what they want to see happen in this particular
case, but my hands are tied in my ability to represent the individuals that elected me, and I have to base
my opinion on adherence to requirements.
City Attorney Jarrard:
• That's exactly right.
Councilmember Tart:
• That's the whole crux of this and I've tried to communicate to the citizens. The law is what is. Although
we have the power to deny this, if we abuse our discretion then it lands in court and we have to pay for
that.
City Attorney Jarrard:
• Let me give you an example. This is a hypothetical. There are instances where there may be things in an
applicant's past that may implicate their ability to comply with the law. You have the right to consider
those things in making your decision. For instance, they may have 4 instances of selling to minors in the
past so you don't believe this applicant will follow your law and therefore you decide to deny the
application.
• I have not heard anything in this instance to suggest that. In the absence of those, you have location
*^ requirements, residency requirements, set -backs, distance requirements, zoning requirements. If all those
are satisfied, your discretion is extremely limited.
Mayor Lockwood:
• I have a comment before we vote. From what I've heard, it's about 10-1 citizens against this. I've asked
staff and our attorney what we have the ability, under the law, to do. I think we're hearing that this
applicant passes all the requirements.
Councilmember Zahner Bailey:
• I ask our attorney, just for the record so it's quite clear, to restate what the process to rescind the license
would be should we find something in the record to warrant that.
City Attorney Jarrard:
• If, after additional investigation, we were able to find documentation which I, the city Manager and Ms.
Tully felt had an official merit to bring to you with a prohibition from years and years ago such that this
was a prohibited use, then as a matter of law the action tonight would have been moot.
Mayor Lockwood:
• We have a motion and second on the table.
Vote: The motion passed unanimously (7-0).
ZONING AGENDA (None)
UNFINISHED BUSINESS (None)
NEW BUSINESS (None)
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 12 of 15
WMW MAYOR AND COUNCIL REPORTS (None)
STAFF REPORTS
City Manager Lagerbloom:
• I would like to ask that sometime in the next two weeks, I could have an hour of everyone's time in a one-
on-one meeting to discuss a list of items. Please look at your calendar and I will make every attempt to
accommodate your schedule.
• In pursuing the Advanced Life Support, one of the things that come with that is a DEA license. I want the
Mayor to know publicly tonight that if the Drug Enforcement Administration calls you, it's okay and its
related to the City of Milton.
• Just to follow back around from last week, I want to let Lynn talk about the grant application. Then we'll
do Carter's presentation and then get into Executive Session.
Lynn Tully:
• As you may remember, at the last meeting I presented regarding some guidance for the technical
assistance grant from ARC called Community Choices. Based on our list and your priority, we went back
and talked to some of the ARC folks and they have narrowed it down to one of the items on our original
list, and it's the sign ordinance.
• They have stated that they are not interested in plans or studies at this time and are only interested in very
technical assistance, which is in crafting or re -crafting ordinances. So the sign ordinance flies to the top
as the preferred. They also expressed an interest in potentially crafting for us a conservation subdivision
ordinance.
• • I again ask for your guidance, as this is due March 5`h.
Mayor Lockwood:
• I'd like to support having them look at our sign ordinance.
Councilmember Tart:
• I know that the Hwy. 9 design standards on the guidelines committee will be coming before us next
Monday. Although this is after the deadline, I know one thing they're going to be asking us for is further
guidance on what to do with some of the things they put in the guidelines document.
• It will be helpful if they had the technical resources of someone to be able to do that. If we ultimately
decide that's what we want them to do, it would be good for us to already have figured out that would be
a free service that we could provide for that committee.
Councilmember Hewitt:
• Does it not behoove us to align their priorities with ours? Even though it might not have been the way we
numbered the items, it was one of the things on our list. It seems if our priority lines up with theirs, we
may have a better chance to get the funding than someone else.
Lynn Tully:
• Yes, if it's something that they're interested in, it would probably bring us to the top of the list.
'^ Councilmember Lusk:
• Regarding the sign ordinance review, although our past performance in review of the sign ordinance has
am been pretty thorough, I think we need to tweak it to address our economic development situation.
• Having said that, I think pursuit of the conservation subdivision ordinance is probably something we want
to take a serious look at. Looking 5-10 years down the road, with a possibility of a lot of land transfers I
think conservation subdivisions are more in line with our ultimate vision. So I recommend that.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 13 of 15
wpm
ft.r Councilmember Zahner Bailey:
• With regard to the sign ordinance, I think we've spent a lot of time as a community reviewing that over
the past 3 '/z years. My only request if this will be pursued with the ARC is that it's very clear that we're
looking at it with a very unique perspective. Thousands of people have provided input and a lot of law,
citizen, staff and Council time has already gone into that.
• The conservation subdivision issue has been around for awhile. We've had some very strong opinions
from citizens. If we were to consider this, especially with some staff being new to Milton on this issue,
that we make sure every is privy to past data.
Councilmember Longoria:
• Obviously anything we ask them to do doesn't actually become anything other than a memo. Any good
content that comes out of it we can vote on and include as part of our ordinances.
Lynn Tully:
• I strongly believe we do need to tweak our sign ordinance, but if we look at where we'll get our biggest
bang for the buck in using the ARC resources, I believe it would be on a conservation subdivision
ordinance.
• I think if we're really going to preserve the green space we have in Milton, we have to do some "out of
the box" thinking.
Councilmember Thurman:
ap" • I was under the impression that we had to have a referendum from the Council supporting anything that
went forward in order for it to have any weight at ARC.
Lynn Tully:
• It's not a referendum, but a letter of approval
depending on what we decide.
Mayor Lockwood:
In fact, we have a dummy made up for you to sign,
Can we sign this giving our "non-binding approval" based on going forward with one of the two options
and then let staff decide which one they feel has the better chance of being successful?
City Manager Lagerbloom:
• Is there anybody who would not support a review of the sign ordinance or conservation subdivision?
Councilmember Zahner Bailey:
• I would have an issue with that.
City Attorney Jarrard:
• To the extent your City Manager believes he has a comfort level with the will of the Council, and with
your knowledge you will be ratifying this at the next meeting, then we can go on.
1. Discussion on the Privatization of Crabapple Hill in the Crabapple Estates Subdivision.
(Carter Lucas, Public Works Director)
Carter Lucas:
• I've had a neighborhood bring forth another request for abandonment of right-of-way. Before these folks
spend a lot of money on the application process and surveys necessary, I want to make sure I understand
any concerns Council may have.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 14 of 15
• The subdivision in question is the Crabapple Estates Subdivision. Crabapple Hill is the road. It is
south of Landrum, an 8 -lot subdivision off of Freemanville. They want to gate the subdivision.
As I understand it, there is 100% support within the subdivision to do this.
Councilmember Thurman:
• Is this a cul-de-sac so we won't have any cut -through traffic?
Carter Lucas:
• Correct. 8 lot, one phase, no future development anticipated. The only public purpose the road has is for
the residents within that development. The road is classified as local residential. There are no points of
connectivity to this particular street.
Councilmember Thurman:
• I assume if we abandon it, they will be responsible for the paving and everything else on it.
Carter Lucas:
• Yes, everything interior to the subdivision.
Mayor Lockwood:
• Is there any reason the City would not want to abandon that road?
Carter Lucas:
o"""" • Not that I know of.
Councilmember Zahner Bailey:
• Is there any underlying value to all citizens who have paid for the road?
Carter Lucas:
• As far as I know, the road was dedicated as part of the subdivision plat to Fulton County.
Councilmember Lusk:
• Will the subdivision assume maintenance of the storm water systems?
Carter Lucas:
• The storm water management facility would be their responsibility today. The storm water system within
the right-of-way would then revert to the subdivision.
Mayor Lockwood:
• What's the benefit to the subdivision to take over ownership of the road?
Carter Lucas:
• Two things. One, as a gated community they have some exclusivity and there is some concern for the
safety of the kids that live in there.
Councilmember Lusk:
.w." • How do we handle public safety? Does the City retain some type of easement in cases like this?
Now Carter Lucas:
• No, everything would be the responsibility of the subdivision. There would be a lock box that would give
the fire department access.
Regular Meeting of the Milton City Council
Monday, March 1, 2010 at 6:00 pm
Page 15 of 15
Councilmember Zahner Bailey:
• As some point before a decision, I think it's important for the City to be consistent as to how we apply the
standards in cases like this.
City Attorney Jarrard:
• We have always had a privatization policy in Milton. To the extent the privatization policy is followed
and the road is being used, how is this squared? The position we have taken to the council repeatedly has
been that the abandonment statute under State law says what it says and jurisdiction after jurisdiction after
jurisdiction have privatization policies.
• One of the reasons that require 100% buy -in of the affected property owners is simply to limit the
individuals that would bring a claim arising from a road being abandoned. A request of 100% of the
affected property owners basically mitigates in totality concerns about that. Little cul-de-sacs like this are
ripe for that. You get rid of a maintenance obligation and otherwise citizens are happy.
EXECUTIVE SESSION
The purpose for the Executive session is to discuss potential land acquisition.
Motion and Vote: Councilmember Zahner Bailey moved to adjourn into Executive Session at 8:07 p.m.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
RECONVENE
Motion and Vote. Councilmember Thurman moved to reconvene the Regular Meeting at 8:43 p.m.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
ADJOURNMENT
(Agenda Item No. 10-1066)
Motion and Vote: Councilmember Lusk moved to adjourn the Regular meeting at 8:44 p.m. Councilmember
Tart seconded the motion. The motion passed unanimously (7-0).
Date Approved: April 12, 2010.
Sudie AM Gord `, Interim e7ity Clerk
Joe Lockwo a or
STATE OF GEORGIA )
AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) OPEN MEETINGS
a" Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia
to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council
meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his
knowledge and belief the following:
At its meeting held on March 1, 2010, the Council voted to go into closed session and exclude the public
from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such
closed meeting are as follows:
[Check or initial as appropriate]
( ) Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary
action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A.
§ 50-14-3(6)];
( ) Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims,
administrative proceedings or settlements [O.C.G.A. § 50-14-21;
Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)];
( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law
„�.�. [O.C.G.A. § 50-14-3(1)];
No. ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-2];
( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A.
§ 50-14-1(a)(2)];
( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside
the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final
action is taken [O.C.G.A. § 50-14-1(a)(2)1;
( ) Other. [Explanation and citation to stati ory author ty
I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to
matters of official business or policy, with the exceptions provided by law as set forth above.
SWORN TO ANDS BSCRIBED before me
this �n� day of 124 C�t , 2010. M
�••. MAYO J CKWOOD
Notary Public`w
My Commission Expires: �s