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HomeMy WebLinkAboutMinutes CC - 05/03/2010 - 05-03-10 Reg. Mins (Migrated from Optiview) (2)Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:OOpm Page 1 of 12 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. The Regular Meeting of the Mayor and Council of the City of Milton was held on May 3, 2010 at 6:00 PM, Mayor Joe Lockwood was presiding. INVOCATION Greg Foster, City of Milton Fire Department, Pastor, The Lighthouse Church led the Invocation. 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, and Councilmember Tart. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1120) City Manager, Chris Lagerbloom: Staff Recommended the following changes to the meeting agenda: 1. Add under Consent Agenda; Approval of an Advertising Agreement between the City of Milton and Appen Newspapers, Inc. for Memorial Day Event Ads. 2. Add under New Business; Approval of a Contract between the City of Milton and Allied Paving & Contractors in the amount of $183,625.00 for a city-wide asphalt patching project. 3. Add an Executive Session to discuss Land Acquisition. Motion and Vote: Councilmember Tart moved to approve Agenda Item 10-1120, Approval of the Meeting Agenda as amended. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:00pm Page 2 of 12 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 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. • Please remember this is not a time to engage the Mayor Pro Tem 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. Public Comment Moved to Discussion at New Business Item No.(Agenda Item No. 10-1129) CONSENT AGENDA Interim City Clerk Gordon read the following Consent Agenda items: 1. Approval of the April 12, 2010 Regular Council Meeting Minutes. (Agenda Item No. 1.0-1121) (Sudie Gordon, Interim City Clerk) 2. Approval of April 19, 2010 Special Called Meeting Minutes. (Agenda Item No. 10-1.122) (Sudie Gordon, Interim City Clerk) 3. Approval of April 19, 2010 Work Session Minutes. (Agenda Item No. 10-1123) (Sudie Gordon, Interim City Clerk) 4. Approval of a Service Agreement between City of Milton and Optech Monette, LLC for the Repair of a Sinkhole within Crooked Creek Subdivision. (Agenda Item No. 10-1124) (Carter Lucas, Public Works Director) 5. Approval for the Amendment of the Automatic Aid Agreement between the Milton Fire MOWN Department and Alpharetta Fire and Emergency Services. (Agenda Item No. 10-1125) amw (Matt Marietta Fire Marshal) Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:00pm Page 3 of 12 6. Approval of Minor Subdivision Plats and Revisions. (Agenda Item No. (10-1.126) (Lynn Tully, Community Development Director) Added by Motion and Vote: Approval of an Advertising Agreement between the City of Milton and Appen Newspapers, Inc. for Memorial Day Event Ads. Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda as amended. Councilmember Tart seconded the motion. The motion passed unanimously 7-0. REPORTS AND PRESENTATIONS Interim City Clerk Gordon read the presentation item. 1. A Proclamation Recognizing Peace Officers' Memorial Day Councilmember Lusk presented a Proclamation in recognition of Peace Officers' Memorial Day. ... FIRST PRESENTATION AND PUBLIC HEARING Interim City Clerk Gordon read the First Presentation Agenda Item number 10-1127. Approval of an Ordinance to Adopt Amendments to the Fiscal 2010 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. Finance Director, Stacey Inglis: • Budget will increase by roughly 6.8 million. • During the adoption of the 2010 Budget changed due to the transition of services in- house that were previously provided by a private company. • Anticipated savings of 1.3 million by terminating the contract. • Decreased expenditures by approximately 1.5 million. • Remaining balance of roughly 8.3 million has been appropriated to fund balance. • Four other funds that will need budget amendments as well. Confiscated assets fund and Accounts for revenue and expenditures of seize drug funds which will need to increase by $43,895. • Operating grant fund will increase by $21,364 which captures all grant funding and related expenditures that pertain to items operating in nature. • Capital Projects Fund will increase by $553,125 used to track Revenues and expenditures associated with capital construction, acquisition, and maintenance. ..o • The Capital Grant Fund will decrease by $29,685. This fund is considered to be a capital project fund that accounts for the capital grants that fund the finance projects. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:00pm Page 4 of 12 "' • This is a living document that will likely change throughout the course of the next two weeks until it is adopted. Motion and Vote: Councilmember Lusk moved to approve First Presentation of Agenda Item No. 10-1127, Approval of an Ordinance to Adopt Amendments to the Fiscal 2010 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0. ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS Added by Motion and Vote Approval of a Contract between the City of Milton and Allied Paving & Contractors in the amount of $183,625.00 for a city-wide asphalt patching project. Public Works Director, Carter Lucas: • This would have normally come to you at the May 17th regular session. • Last week we were notified by G.D.O.T that we needed to have repairs included in their L.A.R.P program. • This must be completed by May 10. • This is already in our budget in the patching and paving budget. Motion and Vote: Councilmember Hewitt moved to approve a Contract between the City of Milton and Allied Paving & Contractors in the amount of $183,625.00 for a city-wide asphalt patching project. Councilmember Tart seconded the motion. The motion passed unanimously 7-0. Interim City Clerk Gordon read Agenda Item number 10-1128. Approval of A Resolution Amending Resolution No. 10-01-130 Appointing Milton Parks and Recreation Advisory Board Member for District 2. Councilmember Zahner Bailey • My appointment recommendation for District 2 for the Parks and Recreation Committee is Kathi Cook. • Has been a resident of North Fulton for over 20 years. WNW • Has been employed with the City of Alpharetta for 19 years. • She serves as the board administrator in charge of review of Public Hearing cases for the City. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:OOpm Page 5 of 12 .. • She is certified as a professional Erosion and Sedimentation Control? And as a state level two design professional. • She has served on the City of Milton's Design Review Board and currently serves as the Vice Chair of the City for the Milton Design Review Board. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1128, A Resolution Amending Resolution No. 10-01-130 Appointing Milton Parks and Recreation Advisory Board Member Kathi Cook for District 2. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. Interim City Clerk Gordon read Agenda Item number 10-1129. 2. Discussion and Vote on Justice Norman Fletcher's Proposed Sewer Map with Fulton County, Georgia, pursuant to the Service Delivery Strategy Act Court Ordered Mediation. Public Hearing on Presentation (Agenda Item No. 10-1129). Kurt Nolte, 925 Dockbridge, Milton, GA: ,.e. • There are not enough constituents for the public to understand what you're voting on. • I would really like for you all to vote no for this tonight. Not to defer it. • I don't believe that the deferral will change anything. Carol Lane, 14890 East Bluff Rd., Milton, GA: • Please postpone this item this evening and provide adequate information to the citizens before voting on this extremely important subject. • I was not able to find any information on the City website regarding the sewer issue. Kim Horne, 415 Wade Glen Court, Milton, GA: • The issue for Milton is that we should stand by what we voted for previously. • We shouldn't make decisions just because there was a court ordered mediation. • When will the public be able to see what was the mediation? • Is the mediation legally binding? • Is there something you legally have to vote on tonight? • Is this just one person's opinion or fact? • What kind of research did they do to come up with this so called new map? • I have seen the map because I asked for it. I don't know of any other people that have asked for the map. • You have to let the constituents have a chance to voice their opinion on the matter before a decision is made. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:OOpm Page 6 of 12 Dennis Potts, 2745 Webb Rd., Milton, GA: • I am very passionate about this sewer system. I have been living here since the beginning. • I haven't seen this map and I don't want to see it. • I do want to support that you go ahead and go with the mediated map because we have to have a starting point from somewhere. City Attorney, Ken Jarrard: • Let me begin by saying that we are here tonight at the request of Jude Norman Fletcher who is the mediator who is mediating the negotiation for Fulton County and all of the cities. • This is a court ordered mediation. It is under the jurisdiction of the Superior Court and Mr. Fletcher. • To answer where the map came from, one speaker was correct. It came from September of 2008 when this was voted on the last map involving the sewer. • We voted on a proposed map and intergovernmental agreement that was not accepted by Fulton County. • We have no sewer map except for the old map that is from years ago. • The question of where does this map come from, it came from the product of the City PWM Manager and I going down to multiple negotiation sessions with the authority of the Council and working through these issues with the mediator privately and then with Fulton County to see if we could work out a deal. • As Judge Fletcher will tell you, we have reached an in pass. • This is Judge Fletcher's way of getting a consensus of where we are. Do we agree? • If we were to vote tonight, I recommend we vote on it. • I do not recommend that we do not follow the direction of the mediator. • I recommend that we do vote on it, and if we do vote on it, whatever the outcome of the vote, will be communicated back to the mediator. If it is an outcome that results in a compromise, Chris and I will take it back to the mediation and advise that we have a deal. • Again you will vote on a settlement agreement or an intergovernmental agreement. • If we vote to reject the map the mediation will go forward. • Either we can compromise, further mediation, or impasse. Councilmember Longoria: • One map has seven things circled and one has 8. I just wanted to make sure you didn't leave one off on purpose. City Attorney, Ken Jarrard: 0 On the blue map the parcel 221137 parcel is not circled. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:00pm Page 7 of 12 ..�. Councilmember Zahner Bailey: • Could you be more specific going from left to right the different parcels? The numbers are illegible. • Those circled would not be the total ones that are being proposed as a possible mediation by the judge? • Could you clarify of a date of May 14th that we were supposed to provide information back? Is it fair to say that between now and May 14th we have two additional meetings where we could consider this? City Manager, Chris Lagerbloom: • We have a work session on May 10. Councilmember Zahner Bailey: • The requirement is that we do not need a vote today, we just need to be equipped by the 14th? City Attorney, Ken Jarrard: • Correct. x.-. Councilmember Zahner Bailey: • Do you believe this would be a good starting point? City Attorney, Ken Jarrard: • This is not a starting point. • The negotiation has been long and expensive. • It would be something that would not be ongoing. • This will be a final decision. Councilmember Zahner Bailey: • The vote from September of 2008 was meant to be a final vote. • What the judge has recommended is that we weigh in. Ken Jarrard, City Attorney: • He wants to know where the parties are with a decision. • That can only be done in a situation where you vote on it. • If the issue is resolved if we have compromise, there would be no further action. Mayor Joe Lockwood: • If we were to approve what the mediator recommended, it still has to go to Fulton County. If they don't approve it, we would go back to square one? City Attorney, Ken Jarrard: VA*MO 0 Yes. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:00pm Page 8 of 12 "` • Fulton County's position is they want to provide service to these 8 parcels, our position is we didn't want to provide services to these 8 parcels. We go into mediation, the mediator takes a look and does a 50/50 and picks half and half? Councilmember Thurman: • Fulton County already granted sewer to the parcels. • Taking sewer away would put them at a risk legally. • These parcels have been granted sewer by Fulton County which was the authority to grant sewer at the time. Councilmember Thurman: • Do any of these parcels have any legal binding rights to sewer extension? City Attorney, Ken Jarrard: • I have never seen a document that states that. Councilmember Zahner Bailey: • Is it fair to say that your legal opinion was and is as recent as last week continues to be that these parcels represented sewer extension and that was your statement into the record. City Attorney, Ken Jarrard: • It was using the rules and regulations that were looked at by Milton. Councilmember Zahner Bailey: • I have an article from 1995 Where Bob Fulton is quoted "With the passage of the resolution introduced by commissioner Bob Fulton, the County reaffirmed its comprehensive land use plan which does not provide for the extension of sewer lines in the area referring to the unincorporated North Fulton Area." • It went on to quote "The resolution means there will be no higher density housing above the fall lines served by Big Creek or Johns Creek sewage treatment plants. Sewage is the key to controlling the density in the area. You can pipe all the water you want but you cannot get the high density housing without sewer." • It is the documentation legally binding maps were based on that history and the Comprehensive land use plan that we adopted. Councilmember Longoria: • If the sewer is available, it becomes the issue with the landowner as to whether or not they need access to sewer. • We need to give the citizens a choice that have been dealing with this for the past four years and give him access to something that he needs. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:010pm Page 9 of 12 ..00 Councilmember Thurman: • The Fulton County Attorney whose policy it was that we adopted has stated that this is not an extension sewer, is that correct? City Attorney, Ken Jarrard: • I think that is correct. Councilmember Thurman: The Fulton County Attorney ought to understand what Fulton County's policy is better than anyone. Unless you're willing to defend us for free if we get sued, I am not willing to spend any more legal fees and I don't think our citizens are either on these tiny parcels that we have been discussing for 4 years. Councilmember Tart: • Is the attorney that is stating that Fulton County's claim, is that the attorney that was around when these claims or promises of sewer were made or is this a new attorney? City Attorney, Ken Jarrard: • I am not sure. Councilmember Tart: I have yet been told what made Judge Fletcher choose these four parcels out of the eight that were in play versus any other parcels for that matter. Why was the letter nor the map published to the public? How can we release a copy of the map without permission from Judge Fletcher? City Manager, Chris Lagerbloom: • The matter of timing is why the map did not go out into the packet last week because the public would have known about it before any of you would have known about it in executive session. City Attorney, Ken Jarrard: • I wanted permission from him before I did it. It was a court ordered mediator to the City Council. I was not able to get hold of Judge Fletcher. I just would have rather had his permission. • The map doesn't bother me. The map is what you're going to display on the screen tonight, that can be shown. Councilmember Tart: -* • If the decision is not expected until May 14th, I don't understand what the rush is to vote on this tonight. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:00pm Page 10 of 12 Mayor Joe Lockwood: • Ever since we have become a city and even before that this has been a political issue. • I asked the County as we took over, where is the line of the sewer area, either serviced, promised, or planned versus where the line wasn't. • The Council voted to accept a map that had 8 parcels shy of what the County said was the sewer area. • If we don't approve this map tonight then we will go to court because the Judge won't have a decision. • I'll be happy anyway this vote goes. I'll buy anyone's lunch that wants to sit down and go over the map with me. • At this point, we need to either deny this recommendation or accept it. Motion and Vote: Councilmember Tart moved to disapprove Judge Norman Fletcher's proposed sewer map with Fulton County, GA, pursuant to the Service Delivery Strategy Act Court Ordered Mediation, Agenda Item No. 10-1129. Councilmember Zahner Bailey seconded the motion. Motion failed 5-2 with Councilmembers Zahner Bailey and Tart in opposition. Motion and Second: Councilmember Lusk moved to approve Judge Norman Fletcher's sewer map (Exhibit A) which shows eight parcels, four designated as "Yes", and four "No", to approve all eight parcels as if they were "Yes." Councilmember Longoria seconded the Motion. .k.10 Clarification of Motion: Councilmember Julie Zahner Bailey requested clarification on the Motion. Motion to Call the Question: Councilmember Longoria made a motion to call the question. Councilmember Lusk seconded the motion. The motion passed 6 — 1 with Councilmember Zahner Bailey opposed. Motion Restated and Vote: City Attorney Ken Jarrard restated the Motion that Councilmember Lusk moved to approve to read "Approval of Judge Norman Fletcher's sewer map wherein the map indicates four "Yes", and four "No", all are "yes". Motion passed 4-3 with Councilmembers Zahner Bailey, Hewitt and Tart opposed. MAYOR AND COUNCIL REPORTS (none) STAFF REPORTS 1. Crabapple Community House and Property Update (Cyndee Bonacci, Parks and Recreation Director) WOW • Meeting limitations were proposed for future use of this property. • The issues identified for consideration were the proposed road across the south side of the �,,,, property, the building's poor condition which would require 60-70k worth of repairs, Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:OOpm Page 11 of 12 limited insufficient parking on site, located in a high traffic area, no ADA parking available on site. • The property is roughly a half an acre. • The building itself is too small for most needed uses. • It is roughly 1,000 square feet with a limiting floor plan. • It is not currently ADA accessible. • The assessment did not recommend renovation as an option for this property. • They did recommend four options: o To demolish the building and rebuild a new structure. o To demolish the building and create a passive park space. o To demolish the building the building and use the property for overflow parking. o To sell the property and invest the money in other projects. • We would not be able to sell the property in that manner. • The recommendation for the Parks and Recreation Advisory Board is to demolish the building and create a passive park that will add to the feel of the Crabapple area. • Staff also agrees with this recommendation. • The estimated cost of the Building Demolition would be less than 10,000 dollars. • Improvements on the property including a site master plan, engineering documents, sidewalk connections, streetscape requirements, landscaping, signage, etc., have not been formally calculated yet. A rough ballpark estimate would be 30,000 on the low end and up to 60,000 on the high end. • Community donations or assistance could be applied. • Time frame for this project would be important for the festivities of October 2nd and December 4th 2. Bethwell Community House and Property Update (Cyndee Bonacci, Parks and Recreation Director) • The building does have potential. • Issues are traffic in the area. • Entrance and exits • The building is in poor condition but the roof was replaced last year. • The property is small. .78 acres • Building is small with an open floorplan. • There are roughly 1300 square feet. • It can accommodate a verity of uses. • Location is centrally located. • Currently not ADA accessible. 0 -am • Ideas discussed: o To let the property to revert back to the donors. o To demolish the building and replace it with an open air pavilion and playground. Regular Meeting of the Milton City Council Monday, May 3, 2010 at 6:00pm Page 12 of 12 o Renovate the building for rental uses such as birthday parties, meetings, reunions, weddings, art, dance, karate, recreation classes, instructional classes, second language classes, study classes etc. • Estimate for renovation is $60-70k. • Variance would be needed for parking. • Rough estimate would be approximately $120-150k. • Once renovated, it would be used. We currently have no rental or program space available. EXECUTIVE SESSION (Agenda Item No. 10-1.130) Added by Motion and Vote 1. The purpose of the Executive session is to discuss potential land acquisition. Motion and Vote: Councilmember Lusk moved to adjourn into Executive Session at 8:05 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously 7 — 0. RECONVENE Motion and Vote: Councilmember Tart moved to reconvene the meeting at 8:29 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously 7 — 0. ADJOURNMENT (Agenda Item No. 10-1131) Motion and Vote: Councilmember Zahner Bailey moved to adjourn the meeting at 8:30 p.m. Councilmember Tart seconded the motion. The motion passed unanimously 7 — 0. Date Approved: June 7t', 2010 Sudie AM Gordon, I terim City Clerk Joe Lock ood, Iayor STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS " WM 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 May 3, 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. § 50-14-2]; ( X) 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 now [O.C.G.A. § 50-14-3(1)]; y,,,,r, ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-21; ( ) 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)]; ( ) Other. [Explanation and citation to statutory authority required]: 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 AND SUBSCRIBED before me - -a own taw MAYORIIOE LOCKWOOD