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HomeMy WebLinkAboutMinutes CC - 10/04/2010 - 10-04-10 Reg. Mins (Migrated from Optiview) (2)Regular Meeting of the Milton City Council Monday, October 4, 2010 at 6:00 pm Pagel of 5 .o.- % 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 October 4, 2010 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Chaplain Remco Brommett, Chaplain for City of Milton Police and Fire. 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 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. 10-1247) Staff recommends the following changes to the meeting agenda: 1. Add under Reports and Presentations, Proclamation Thanking Visiting Golfers from the Atlanta- Kauai Team Challenge. 2. Add an Executive Session to discuss potential litigation and Land acquisition. Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda as amended by staff. Councilmember Thurman 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 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 or members of the City Council in conversation. Regular Meeting of the Milton City Council Monday, October 4, 2010 at 6:00 pm Page 2 of 5 • When your name is called please step forward and speak into the microphone stating your name and address for the record. 'rte" • You will have five minutes for remarks. Rise Hershorn, 1170 Nix Rd., Milton, GA: • A year and a half ago there was a problem with Nix Road. • There was a contract awarded to a construction company that put down a bad surface. • They had to tear the bad surface up and I would like something done. • This did a lot of damage to my home and car. • I entered a claim with their insurance company about these damages. • They put down a new surface that was a combination of cement and gravel. • I was told this was a solution that would last a long time and now there are several potholes. • I would like an answer as to what they plan on doing with our road. • The road is deteriorating and we need to do something. • Blount Construction did this to our road and they have been awarded another contract with the City to repair more roads in Milton. • Why would we award a contract to somebody that didn't perform well in the past? Patti Silva, 1685 Highgrove Club Drive, Milton, GA: • I am here tonight to speak about Birmingham village. • I came to you about two to three years ago with concerns about Birmingham Village. • There is not enough signage in my opinion. +mak • I'm not in favor of billboards and large signs but Milton needs more signs for local business owners. • I have been here for three years as of October 200'. As far as signs are concerned we have only spent about $500 on signs. • We have only one left to our name at Birmingham Village. • Our businesses are suffering because of the lack of signage. • I would like for the community to try a little harder to support local businesses. • People forget that local taxes from sales directly benefit Milton. • From another letter from Birmingham Village we have issues with signage. • After three years of battling the issue, if we changed the ordinance tonight it would still be impossible for the businesses to come up with the money for more signs. • We have a problem with our small signs being stolen. • Every night we have to pick up our signs and take them in. • We have not seen any support from the City as local business owners. • Recently the Movie Under the Stars which was an event that was widely advertised had banners and signs posted for advertisement, why can't we have some signs for our businesses? • I've had bad luck with trying to get my business going in Milton. • I feel as though everyone knew about the restrictions except me when I decided to open my business. • I was very clear with the type of business I was trying to open and I was told it would never happen. • Recently, there has been a liquor store approved next to the Shell gas station in Milton. • My point with coming here tonight is because the local businesses in Milton need our help. • We need the sign ordinance changed. • We don't need huge signs just something for advertisement. • No one knows about these businesses that are in this complex. • Please go and talk to the business owners and let them know you are here to help. MAO CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: Regular Meeting of the Milton City Council Monday, October 4, 2010 at 6:00 pm Page 3 of 5 1. Approval of the September 13, 2010 Work Session Meeting Minutes. (Agenda Item No. 10-1248) (Sudie Gordon, City Clerk) 2. Approval of the September 20, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1249) (Sudie Gordon, City Clerk) 3. Approval of an Agreement between the City of Milton and Fun -Fare to Provide Services for the Milton Roundup. (Agenda Item No. 10-1250) (Cyndee Bonacci, Parks and Recreation Director) 4. Approval of a Professional Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc. for Phase 1 Environmental Site Assessment at the Intersection of Deerfield Parkway and Webb Road in the Amount of $1,500.00. (Agenda Item No. 10-1251) (Carter Lucas, Public Works Director) 5. Approval of a Construction Contract between the City of Milton, Georgia and Blount Construction Company, Inc. for Providence Lake Curb and Gutter Repair in the Amount of $13,376.52. (Agenda Item No. 10-1252) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. REPORTS AND PRESENTATIONS Added by Motion and Vote: 1. Proclamation Thanking Visiting Golfers from the Atlanta- Kauai Team Challenge. Mayor Lockwood Read the proclamation aloud. FIRST PRESENTATION ZM10-03NC10-02 — Requested by Global Payments, Inc. located on Deerfield Parkway along the west side for a distance of approximately 674.41 feet (11.62 acres). To Modify Condition 2.a (99Z-011, 99U-008, 99VC-007) to replace the current conditional site plan, which was marked received by the Fulton County Environment and Community Development Department on December 11, 1998 with a new site plan received by the City of Milton Community Development Department on September 7, 2010. To delete zoning condition 3.b., parking shall be shared with adjacent property zoned C-1 (Community Business), pursuant to 99Z-012, currently Zoned) O -I (Office -Institutional) Pursuant to 2007Z-019. To request a concurrent variance to reduce the subject property's minimum on-site parking requirement from 122 spaces to 100 spaces (Section 64-1410). (Agenda Item No. 10-1253) (Lynn Tully, Community Development Director) Regular Meeting of the Milton City Council Monday, October 4, 2010 at 6:00 pm Pase 4 of 5 2. Approval of An Ordinance to Amend Chapter 58, Utilities, of the City of Milton Code of Ordinances to Establish Commercial Car Wash Water Recycling Requirements; to Repeal Conflicting Provisions; To Provide for Severability; to Provide for an Effective Date; and for Other Purposes. (Agenda Item No. 10-1254) (Discussed at September 13, 2010 Work Session) (Ken Jarrard, City Attorney) Approval of An Ordinance to Amend Chapter 62, Vehicles for Hire, Article II, Taxicabs, of the City of Milton Code of Ordinances. (Agenda Item No. 10-1255) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Zahner Bailey moved to approve the First Presentation Items. Councilmember Tart seconded the motion. The motion passed unanimously 7-0. PUBLIC HEARINGS (None) ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS (None) MAYOR AND COUNCIL REPORTS Mayor Lockwood: • I would like to thank our staff and everyone involved with the Crabapple event this weekend. It looked like a great turn out and it is a great event for our City. STAFF REPORTS Chris Lagerbloom: • I am not feeling well and I will send you the Staff report tomorrow. • I would like to ask that we go ahead and go into executive session. EXECUTIVE SESSION The purpose of the Executive Session is to discuss land acquisition and potential litigation. (Agenda Item No. 10-1255) Motion and Vote: Councilmember Hewitt moved to adjourn into Executive Session to discuss land acquisition and potential litigation at 6:26 p.m. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0. • RECONVENE Motion and Vote: Councilmember Zahner Bailey moved to reconvene the Regular Meeting at 6:52 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, October 4, 2010 at 6:00 pm Page 5 of 5 ADJOURNMENT (Agenda Item No. 10-1256) Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at 6:53 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Date Approved: October 18, 2010. Sudie AM Gordon, City Clerk STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS 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 Regularly Scheduled Council Meeting held on October 4, 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)]; (X) 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 [O.C.G.A. § 50-14-3(1)]; ( ) 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)]; ( ) 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 ots"1161 this 4th day of October, 2010. X14 4b A M ©� Notary Public 1 My Commission Expires: MAYOR JO CKWOOD