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HomeMy WebLinkAboutMinutes CC - 11/01/2010 - 11-01-10 Reg (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, November 1, 2010 Immediately following Special Called Work Session Page 1 of 6 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 November 1, 2010 immediately following the Special Called Work Session, Mayor Joe Lockwood presiding. INVOCATION (None) 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 Karen Thurman, Councilmember Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, and Councilmember Joe Longoria. Councilmember Alan Tart was absent/excused for the meeting. PLEDGE OF ALLEGIANCE 00s„ Mayor Lockwood and the Sons of the American Revolution led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1273) Staff recommended the following changes to the meeting agenda: Add executive session to discuss pending litigation. Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda as amended by staff. Councilmember Hewitt seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent/excused for 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 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. • 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, November 1, 2010 Immediately following Special Called Work Session Page 2 of 6 There was no public comment. CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: I. Approval of the October 11, 2010 Work Session Meeting Minutes. (Agenda Item No. 10-1274) (Sudie Gordon, City Clerk) 2. Approval of a Conservation Easement Protecting 8.5 acres in Braeburn Subdivision Assuring that in the Future this Property Retains its Present Natural, Scenic, Aesthetic, Watershed, Wildlife, Forest and Habitat Condition. This Easement is provided pursuant to the Conditions of Variance granted to the Wieland Development in V08-006. Approval does not Require any Responsibility for Maintenance or Monitoring of this Easement by the City. (Agenda Item No. 10-1275) (Lynn Tully, Community Development Director) 3. Approval of an Engineering Services Agreement between the City of Milton, Georgia and A&R Engineering, Inc. for Intersection Improvements at Cogburn Road and Bethany Bend Road in the Amount of $13,900.00. (Agenda .Item No, 10-1276) (Carter Lucas, Public Works Director) 4. Approval of a Construction Contract with Blount Construction Company, Inc. in the Amount of $254,754.50 for a Joint Construction Project with Forsyth County to Reconstruct McGinnis Ferry Road. (Agenda Item No. 10-1277) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda items as read. Councilmember Longoria seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent for the vote.) REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION 1. Approval of an Ordinance Establishing Solid Waste Collection Services within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for The Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non -Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. (Agenda Item No. 10-1278) (Matt Marietta, Fire Marshal) 2. RZ10-051U10-01NC10-03 — Deerfield Parkway (West Side) by Alpharetta Land Partners to rezone from C-1 (Community Business) and O -I (Office -Institutional) to Regular Meeting of the Milton City Council Monday, November 1, 2010 Immediately following Special Called Work Session Page 3 of 6 C-1 (Community Business) with a Use Permit to construct a Special School for a transitions vocational school for adult students at least eighteen years of age with autism and an assisted living facility for autistic adults with 72 studios. The applicant is also requesting a concurrent variance to: 1) Allow the exterior wall materials of all non-residential buildings and townhouse, duplex and multifamily buildings to consist of a minimum of 65 percent in lieu of 75 percent (per vertical wall plane) of the following: brick or natural stone [Section 64-1095(p)] for the assisted living facility; 2) Allow accent building materials for all non-residential buildings and also townhouse, duplex and multifamily units to be limited to a maximum of 35 percent in lieu of 25 percent brick, tile, non -reflective glass, natural stone and weathered, polished or fluted face, with fluted, split -face, broken face finish, Portland cement plaster and lath systems, architectural (either precast or tilt -up) concrete (fluted or with exposed finish) or Hardi-Plank [Section 64-1095(q)] for the assisted living facility; 3) Allow the following exterior siding colors as produced by Cabot Solid stains to be permitted: Napa Vine, Newport Blue, Brickstone, Colonial Yellow, [Section 64-1095(t)] for the assisted living facility. mom (Agenda Item No. 10-1279) (Lynn Tully, Community Development Director) 3. U10-02NC10-04 —13120 Arnold Mill Road by Frank Schaffer, The Landscape Group, Inc. for Use Permit for a Landscaping Business (Section 64-1820) and a 4 - part concurrent variance in the existing buildings: 1) Beginning at a point on the west property line at the northwestern property corner; to reduce a portion of the 50 -foot buffer and 10 -foot improvement setback to 0 feet beginning at a point on the west property line at the northwestern property corner for a total distance of 126 feet to a point on the west property line located 126 feet south of the northwestern property corner (Section 64-1141.3.a); 2) Beginning at a point on the east property line located 40 feet south of the northeastern property corner; to reduce a portion of the 50 -foot buffer and 10 -foot improvement setback be reduced to a 30 -foot undisturbed buffer with a 10 -foot improvement setback for a total distance of 98 feet to a point on the east property line located 138 feet south of the northeastern property corner (Section 64- 1141.3.a); 3) To reduce the 50 -foot building setback to a 44.09 -foot setback for the warehouse along the east property line [Section 64-1820(b)31; 4) To reduce the 50 -foot building setback to a 47.58 -foot setback for the warehouse ft"O and a 28.25 -foot setback for the steps to the office deck along the west property line [Section 64-1820(b)31. (Agenda Item No. 10-1280) (Lynn Tully, Community Development Director) Regular Meeting of the Milton City Council Monday, November 1, 2010 Immediately following Special Called Work Session Page 4 of 6 Motion and Vote: Councilmember Zahner Bailey moved to Approve the First Presentation items as read. Councilmember Hewitt seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent/excused from the meeting.) PUBLIC HEARINGS (None) ZONING AGENDA (None) UNFINISHED BUSINESS 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) ORDINANCE NO. 10-11-80 (Discussed at September 13, 2010 Work Session) (First Presentation on October 4, 2010 Council Meeting) (Deferred at October 18, 2010 Council Meeting) (Ken darrard, City Attorney) Ken Jarrard: • This item was deferred to make sure there was no conflict on the definitions. • With that state law, we have checked and there is no conflict. • We are comfortable with the Council approving this very modest modification. Motion and Vote: Councilmember Lusk moved to Approve Agenda Item No. 10-1254, 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. Councilmember Zahner Bailey, seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent/excused for the meeting.) NEW BUSINESS 1. Intergovernmental Agreement for the Provision of Information Technology Services by and between the City of Johns Creek, Georgia and the City of Milton, Georgia. (Agenda Item No. 10-1281) (Chris Lagerbloom, City Manager) City Manager Lagerbloom: • The document that was handed out this evening is what is up for consideration tonight. • The city manager from Johns Creek and I have worked together to form an agreement to help enhance the level of service that we provide for the City of Milton. • We will save us and Johns Creek costs. • We have crafted this idea so that no one will notice a change. • We will increase the number of staff at our disposal from 2 to 3 up to 5 to 6. • We will have enhanced level of service in IT. • We will not any longer retain any IT on our payroll. Regular Meeting of the Milton City Council Monday, November 1, 2010 Immediately following Special Called Work Session Page 5 of 6 • Johns Creek council had this IGA in front of them a week ago tonight and it was unanimously passed. • Johns creek was the initial author of the IGA. Councilmember Zahner Bailey: • Are the terms sufficiently defined that you're comfortable with in the contract? Ken Jarrard: • Yes, I am. Councilmember Lusk: • I think this looks great for government. • We are saving money and showing that we can work well with other jurisdictions. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 10-1281, Intergovernmental Agreement for the Provision of Information Technology Services by and between the City of Johns Creek, Georgia and the City of Milton, Georgia. Councilmember Thurman seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent/excused for the meeting.) MAYOR AND COUNCIL REPORTS Mayor Lockwood: • I want to thank staff and council and may helpers with the roundup. • One thing I noticed when we became a city is how we can come together and work together to get a sense of community. Councilmember Hewitt: • The Milton Roundup was a success. • We estimated around 5k people. • We had 21 sponsors. • We had 66 vendors. • We collected canned goods for North Fulton Community Charities. • We are planning on holding this on the third Saturday of October going forward. • I think this was the best one we have had. • Cyndee was amazing and did great with her planning. • Thank you Matt for helping us clean up after the event. Mayor Lockwood: Thank you Councilmember Hewitt for all of your help with the event. Councilmember Zahner Bailey: • Thanks to everyone for the help with the Milton Roundup and to everyone who was involved. STAFF REPORTS Chris Lagerbloom: • I would like to welcome all of the high school students for joining us. Regular Meeting of the Milton City Council Monday, November 1, 2010 Immediately following Special Called Work Session Page 6 of 6 • The Historic Preservation Commission will meet for the first time on November 3, 2010. • Next Monday's work session we have an item that was taken off and put back on. • If you want to give early feedback that would be great on this item so we are prepared. • I want to add one additional item to the work session next week. • This item is a strategic plan for 2012 through 2015. EXECUTIVE SESSION The purpose of the Executive Session is to discuss pending litigation. Motion and Vote: Councilmember Zahner Bailey moved to adjourn into Executive Session to discuss pending litigation at 6:53 pm. Councilmember Thurman seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent/excused for the meeting.) RECONVENE: Motion and Vote: Councilmember Thurman moved to reconvene the regular meeting at 7:41 pm. Councilmember Hewitt seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent/excused for the meeting.) ADJOURNMENT (Agenda Item No. 10-1282) Motion and Vote: Councilmember Thurman moved to adjourn the Regular Council Meeting at 7:42 pm. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 6-0. (Councilmember Tart was absent/excused for the meeting.) Date Approved: November 15, 2010. Sudie AM Gordon, ity Clerk Joe+ckwoMayor STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS imp" 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 November 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)1; (X) Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims, administrative proceedings or settlements [O.C.G.A. § 50-14-2]; () 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)1; ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-21; iw.. ( ) 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 "1180, this I st day of November, 2010. 404 WPM nr� MAYO JO CKWOOD ft" Notary Publfc My Commission Expires: