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HomeMy WebLinkAboutMinutes CC - 05/02/2011 - 05-02-11 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, May 2, 2011 Page 1 of 7 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 May 2, 2011, Mayor Joe Lockwood presiding. INVOCATION Chaplain Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Zahner Bailey, Councilmember Burt Hewitt, Councilmember Joe Longoria, and Councilmember Alan Tart. Councilmembers Thurman and Lusk were absent from the meeting. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 11-088) Staff recommends the following changes to the meeting agenda: 1. Defer First Presentation Items RZ 11-06, R7-11-07, RZ 11-08, RZ 11-09, and RZ 11-10 to the June 6, 2011 meeting. 2. Add a proclamation in observance of Public Service Recognition Week. Motion and Vote: Councilmember Hewitt moved to approve the meeting agenda as amended. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (5 - 0). Councilmembers Thurman and Lusk were absent from the meeting. 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 provide input and opinions on any matter that is not scheduled for its own public hearing amm during today's meeting. • There is no discussion on ite�s 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 Monday, May 2, 2011 Page 2 of 7 • 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. Laura Bentley, 2500 Bethany Church Rd., Milton, GA: • I wanted to thank you all for implementing the live stream. I love it and I was listening last week. • We had a meeting with Councilmembers last week about the school redistricting. • For those of us who have to deal with the new school, we knew that traffic was going to get worse. • We have determined what criteria is needed to fill the school. • What I would like you all to understand is the capacity if the schools is very important to those of us that already deal with the traffic. • When you look at capacity, it's not just for the new high school, it impacts all of North Fulton. Paul Moore, 115290 White Columns Dr., Milton, GA: • I would like to speak first as an individual and secondly as a representative of a group of citizens. • I believe that we have created a city here that is vibrant and a wonderful place to live. • Creating the city of Milton also gave us a voice in larger politics. • I would like to ask you to offer a voice to the BOE as the Mayor and Council as to what it does to our city by adopting the current plan that was put forth by the BOE. • I'd like to ask that you put forward a resolution that we believe there are some issues with this. • I know the Mayor has offered staff to be available to the BOE for consideration of the issues that will arise because of the plan. on • I would ask that we do it in a formal resolution. • 1 am also here tonight to represent the individuals of the planning commission, but not the planning `"'o commission as an entire commission. • Six of us have written a letter that we would like to have you hear this evening. • To the Mayor and Council: The undersigned members of Milton's Planning Commission Oppose Plan C of the redistricting plan proposed by the Fulton County Board of Education. The Planning commission is charged with assessing a variety of issues that come before the City and acting as a recommending body to the Mayor and City Council. Members have an acute awareness of land use plans included in Milton's Comprehensive Plan, and we believe Plan C is in conflict with several of the basic goals of the Comprehensive Plan. We also believe Plan C is in conflict with several of the basic goals of the Comprehensive Plan. We also believe Plan C is in conflict with the tenets of Milton Transportation Plan and the Lew Oliver Crabapple Master Plan. Plan C calls for a majority of the students that would attend the new high school on Bethany Bend to travel in an east/west traffic pattern. The primary feeder roads to this new high school are Birmingham Road, Redd Road, Bethany Bend and Providence Road. Each of these roads is already at or over capacity. The new student, family and bus traffic on these roads will destroy the fragile balance of cross - city commuter traffic from Cherokee County and the current Milton Resident commuter traffic that already put these roads at or over capacity. The BOE Plan C also calls for a majority of the future students at Milton High School to come from the current Roswell district. The primary feeder roads for the Roswell students traveling to Milton will be Crabapple Road through the Crabapple intersection and Bethany Road to Mayfield Road. These roads are Regular Meeting of the Milton City Council Monday, May 2, 2011 Page 3 of 7 at or over the capacity of the current infrastructure. The Crabapple Master Plan recently proposed by Lew Oliver calls for traffic calming measures for the already burdensome traffic volume and patterns. The traffic volume that would result from the significant student population coming through these crossroads as a part of Plan C will destroy the possibility for the new Crabapple plan being a success. We respectfully request the Mayor and City Council formally oppose Plan C and ask the Board of Education to develop a redistricting plan that takes the traffic components of Plan A and B into consideration while considering the future plans of Milton. Please pass a Resolution that formally advises the BOE that the Mayor and City Council of Milton Oppose Plan C and call for the creation of a new redistricting plan. The BOE should also be asked to formulate plans to reduce the number of private vehicles traveling to and from all the schools in the area, regardless of which plan is adopted. Significant traffic is generated by individual cars picking up and dropping off students. Parents should be encouraged to place all students on BOE provided buses, thereby reducing traffic congestion, enhancing safety of pedestrians and preserving the environment. Members of the Milton Planning Commission: George Ragsdale Paul Moore Joe Creamer Jennifer Fletcher Curtis Mills Fred Edwards r."M Jon Carroll, 2140 Country Ridge Road, Milton, GA: • When we changed from CH2MHill to direct employees one of the benefits was a cost savings. • Currently we have a huge problem benefits that have been promised to our government employees and not being able to be paid. • My concern is that we in Milton aren't going to end up in a bad situation in 10 years with regards to our investments. • I want to make sure we don't create a system where 20 years from now the retired employees from Milton can't be afforded. • As far as the schools stuff, I don't care about the different plans but I do agree that we need to have the BOE be responsible for traffic planning. • Right now, the main issue is that they are putting schools in Milton that should be in Roswell or Alpharetta. • or guidelines that hold the BOE responsible and take our I would suggest that we get a state ordinance areas into consideration when they make these plans. CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: 1. Approval of the April 11, 2011 Special Called Work Session Meeting Minutes. (Agenda Item No. 11- 089) (Sudie Gordon, City Clerk) 2. Approval of the April 11, 2011 Regular Council Meeting Minutes. aw"W (Agenda Item No. 11- 090) (Sudie Gordon, City Clerk) Regular Meeting of the Milton City Council Monday, May 2, 2011 Paee 4 of 7 Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Tart seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Lusk were absent from the meeting. REPORTS AND PRESENTATIONS ADDED BYMOTIONAND VOTE 1. A Proclamation Recognizing Public Service Week. Councilmember Tart read and presented A Proclamation Recognizing Public Service Week. FIRST PRESENTATION ALL FIRST PRESENTATION ITEMS WERE DEFERRED BYMOTIONAND VOTE TO THE JUNE 6, 2011 MEETING. RZ11-06 — Text Amendment to the Zoning Ordinance to Create the "Film and Movie Media Productions Administrative Permit" (Sec. 64-1616) (Agenda Item No. 11- 091) (Lynn Tully, Community Development Director) 2. RZ11-07 — Text Amendment to the Zoning Ordinance to Revise the "Use Regulations" for the C-1 (Community Business) District (Sec. 64-775) (Agenda Item No. 11- 092) (Lynn Tully, Community Development Director) no 3. RZ11-08 — Text Amendment to the Zoning Ordinance to Revise the "Use Regulations" mod for the C-2 (Community Business) District (Sec. 64-798). (Agenda Item No. 11- 093) (Lynn Tully, Community Development Director) 4. RZII-09 — Text Amendment to the Zoning Ordinance to Create "Prohibited Uses in All Districts" (Sec. 64-395). (Agenda Item No. 11- 094) (Lynn Tully, Community Development Director) 5. RZ11-10 — Text Amendment to the Zoning Ordinance to Create "Separation Standards for High Traffic Uses" (Sec. 64-218) (Agenda Item No. 11- 095) (Lynn Tully, Community Development Director) PUBLIC HEARINGS 1. Approval of a Resolution Imposing A Limited and Temporary Moratorium Upon Issuance of Business Licenses to New Pain Management Clinics Within the City of Milton. (Agenda Item No. 11- 096) (Ken Jarrard, City Attorney) �I Regular Meeting of the Milton City Council Monday, May 2, 2011 Paee 5 of 7 OPM" City Attorney Jarrard: • I would like to go over the proposed moratorium in the packet. • You all have a proposed resolution that would institute a moratorium in respect to business licenses for "Pill Mills" or Pain clinics within the City of Milton. • There has been compelling evidence that when you have these Pain Clinics or Pill Mills there is an increase in crime, increase of narcotic abuse and narcotic distribution. • We want to give the state a chance an opportunity to act in this field to provide legislation before any locate in our jurisdiction. • We are trying to stop it before it gets started. • The Moratorium that the City would enact would run until April of 2012. • After the state reacts we will do what we can to prevent these clinics. • The Moratorium as drafted would apply to all privately owned pain management clinics, facilities, or offices for the sale or dispensing of any type of main management services or dispensing controlled substances or medications and defined as a scheduled 2, 3, 4, or 5 controlled substance as defined by Georgia Law. • We reference institutional facilities as well. • We might want to think about additional language stating it would not apply to a licensed, stand alone, retail pharmacy or a licensed pharmacy part of a grocery store wherein at the same physical location are also sold vitamin supplements, food products, school supplies and cosmetics. • We have run a legal ad which we believe will give us the power to adopt this moratorium. Fred Edwards, 915 Hopewell Place Dr., Milton, GA: • I am a registered Pharmacist. 4000 • 1 am also on the planning commission but I am speaking only of myself. • 1 am asking that you support the Moratorium on pain clinics in Milton. r.. • They continue to support the use of dangerous drugs to drug addicts, individual prescription drug users, and some teenagers. • Until such time that you can establish and state clearly defined regulations ordinances, I ask that you support the vote on the moratorium. • Several other cities as well as one county have passed a moratorium or ordinance regarding these clinics in the last year. Councilmember Tart: • In the past we have issued moratoriums no longer than 60 days. • Will this violate any constitutional issues since this is a yearlong moratorium? City Attorney Jarrard: • You have the ability to adopt a moratorium for 30 to 60 days without a public hearing. • We have published this and I feel comfortable with this Moratorium. • The reality is we might want to create language that the moratorium will expire the day we pass our own ordinance or the state passes legislation. • Hopefully it won't take a year. Lynn Tully: • One of the things that I worked with Chief Harrell is watching the state legislation that is going through. • The legislation has passed but they haven't put together the mechanisms that it takes to monitor these drugs. • As we wait to see how they propose to get them monitored, we can tailor our boundaries to them. Regular Meeting of the Milton City Council Monday, May 2, 2011 Pace 6 of 7 Councilmember Longoria: • In relation to commercial pharmacies associated with grocery stores etc. are there any other offices that could be impacted? „,A, City Attorney Jarrard: • I believe we have covered everything and did the best job we could with the language and if there is an issue we will bring it back before you. Councilmember Zahner Bailey: • I believe we have no facilities that this applies to in Milton. • I appreciate you bringing this forward. • Do you think we should add language about the expiration of the moratorium? City Attorney Jarrard: • Yes, I do suggest we add that language. • I think that Lynn and Chief Harrell have really put work into this moratorium. Mayor Lockwood: • Are we stepping on anyone's constitutional rights? City Attorney Jarrard: • I believe that we have done everything we can do to get this passed. • Someone could challenge this moratorium but I don't believe we have any issues at the moment. ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Approval of a Resolution Imposing A Limited and Temporary Moratorium Upon Issuance of Business Licenses to New Pain Management Clinics Within the City of Milton. RESOLUTION NO. 11-05-175 (Agenda Item No. 11- 096) ("Public Hearing Held May 2, 2011) (Ken Jarrard, City Attorney) Motion: Councilmember Zahner Bailey moved to approve Agenda Item 11-096 with the following conditions: 1. Under paragraph 3 add the following: A licensed stand-alone retail pharmacy or a licensed pharmacy that is part of a grocery store wherein at the same physical location are also sold vitamins, supplements, food products, school supplies, cosmetics and other sundries. ^I 2. Under paragraph 4 add the following: ... and shall terminate upon the earlier of the date set forth in paragraph 1 or upon the City of Milton Council otherwise Regular Meeting of the Milton City Council Monday, May 2, 2011 Page 7 of 7 addressing the issue of pain management clinics through a subsequent resolution or ordinance. Second and Vote: Councilmember Tart seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Lusk were absent from the meeting. MAYOR AND COUNCIL REPORTS Councilmember Zahner Bailey: For anyone that had family in the terrible weather throughout the southern states, please give prayer and thoughts and give any help that we can. I suggest we all be mindful to give to those who have been affected. Mayor Lockwood: I took a load of items to Tuscaloosa, Alabama to help with the tornado victims. Even after months, please help out as much as you can down the road. STAFF REPORTS Lynn Tully: • We are still working on the sign ordinance from last week. • I would like to bring it back when our City Manager is present. I wanted to let you know that the LCI request for proposals will be advertised on Monday. • If you have something that is a big item to add please let me know by Wednesday. • The Future Land Use plan for Forsyth where it matches our borders, staff is looking to provide recommendations for them and comments. • There is a cell tower application in Forsyth on our boarder and we will be providing recommendations to Forsyth when they open the public participation meeting. EXECUTIVE SESSION (None) ADJOURNMENT (Agenda Item No. 11-097) Motion and Vote: Councilmember Tart moved to adjourn the Regular Meeting at 6:56 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Lusk were absent from the meeting. Date Approved: June 6, 2011. Sudie AM Gordon, City Cl rk Joe Lockwo#414ayor