HomeMy WebLinkAboutMinutes CC - 12/06/2010 - 12-06-10 Reg. Mins (Migrated from Optiview) (2)Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
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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 December 6,
2010 at 6:00 PM, 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, Councilmember Joe Longoria, Councilmember
Alan Tart.
PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
(Agenda Item No. 10-1290)
Staff recommends the following changes to the meeting agenda:
1. Move Agenda Item Number 10-1299, Approval of an Agreement with Lew
Oliver, Inc. Whole Town Solutions from the Consent Agenda to New
Business.
Motion and Vote: Councilmember Zahner Bailey moved to approve the Meeting Agenda as amended
by staff. Councilmember Tart 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, December 6, 2010 at 6:00 pm
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• When your name is called please step forward and speak into the microphone stating your name
and address for the record. n
• You will have five minutes for remarks.
Patti Silva, 1685 Highgrove Club Dr., Milton, GA:
Good Evening City of Milton Mayor, Council and Staff:
I am concerned once again about the fate of the Crabapple Community Center.
I understand that the City of Milton still has plans to demolish the building at some time in the near
future. I have several emails which I will add to this letter for you to review, not necessarily read during
tonight's city council meeting.
Please be advised of the following:
Several months ago, during a board meeting which I attended with Sally Rich -Kolb, the Parks and
Recreation Board agreed to let me find volunteers and materials to renovate the outside of the building. I
was allowed to suggest paint colors and they were thankfully approved by Cyndee Bonacci.
Since that time, a boy scout named Nate Vernon has asked if he could take on the task to earn his Eagle
Scout status. Sally and I were beyond pleased to hear that all materials and labor, including landscaping
and an American Flag would be provided to the informal group of "Save the Crabapple Community
Center" project and others passionate about this building.
I found out late last night that the project has been approved by the Boy Scouts but gathering materials
and raising money is taking longer than expected. Originally the target date for completion was in
October, now it is more like February 2011.
My biggest concern at this time is that the Milton Historic Preservation Committee still does not have a
full board of appointees and does that leave the fate of the center at high risk for demolition without
votes by the MHPC board.
Also, to be very frank with you all, I am also concerned that I have passed along a couple of names of
residents who are very interested in becoming a part of the committee, but they have never received a
call from the council member who still has open appointments.
Please understand that I realize that the process takes some time, but PLEASE (said "underlined,
capitalized, bold and with exclamation points" :), do not tear down the Crabapple Community Center
until we give Nate Vernon a chance to earn his Eagle Scout medal and we serve the community as a
whole by allowing more time before a bulldozer is at the site.
I will be laying down in front of that bulldozer, if need be, because that is how much I care about
making the best decision for the whole community of Milton, young and old, on this historic site with a
building that looks like an ugly duckling right now but has stories and soul within those walls.
As always, thank you for your consideration.
Happy Holidays!
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
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CONSENT AGENDA
City Clerk Gordon read the Consent Agenda items:
1. Approval of the November 1, 2010 Special Called Work Session Minutes.
(Agenda Item No. 10-1291)
(Sudie Gordon, City Clerk)
2. Approval of the November 8, 2010 Work Session Minutes.
(Agenda Item No. 10-1292)
(Sudie Gordon, City Clerk)
3. Approval of the November 15, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1293)
(Sudie Gordon, City Clerk)
4. Approval of a Contract between the City of Milton and Frontline Surveying & Mapping,
Inc. for a Boundary and Topographic Survey for a 5 Acre Parcel on Highway 9 in the
Amount of $2,575.00.
(Agenda Item No. 10-1294)
(Carter Lucas, Public Works Director)
5. Approval of a Professional Services Contract between the City of Milton and Universal
Engineering Services, Inc. for a Phase I Environmental Site Assessment and Geotechnical
vw^ Evaluation for the 5 Acre Tract on Highway 9 in the Amount of $6,700.00.
(Agenda Item No. 10-1295)
(Carter Lucas, Public Works Director)
6. Approval of a Contract between the City of Milton and Bass Signal Corporation for Directional
Boring Services for Signal and Pedestrian Improvements at the Intersection of Webb Road and
Deerfield Parkway in the Amount of $9,600.00.
(Agenda Item No. 10-1296)
(Carter Lucas, Public Works Director)
7. Approval of a Professional Services Contract between the City of Milton and Lowe
Engineers, LLC to provide Professional Transportation Engineering and Planning Services to the
City in the Amount of $30,000.00.
(Agenda Item No. 10-1297)
(Carter Lucas, Public Works Director)
8. Approval of a Contract with URS to Provide Final Engineering Design Services for the
Cogburn Road Bridge Replacement Project in the Amount of $135,212.00.
(Agenda Item No. 10-1298)
(Carter Lucas, Public Works Director)
MOVED TO NEW BUSINESS BYMOTION AND VOTE
@ow. 9. Approval of an Agreement with Lew Oliver, Inc. Whole Town Solutions.
(Agenda Item No. 10-1299)
*ANW (Chris Lagerbloom, City Manager)
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
Pate 4 of 10
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
1. A Proclamation Recognizing Hunt Tosh, Winner of Chronicle of the Horse/USHJA
International Hunter Derby.
(Presented by Councilmember Karen Thurman)
Councilmember Thurman presented A Proclamation Recognizing Hunt Tosh, Winner of
Chronicle of the Horse/USHJA International Hunter Derby.
FIRST PRESENTATION
1. RZ10-06 — To Amend the City of Milton Zoning Ordinance, Section 64-1820,
Landscaping Business, Plant Nursery or Garden Center with Indoor Retail
Component.
(Agenda Item No. 10-1300)
(Presented by Lynn Tully, Community Development Director)
2. RZ10-08 —To Amend the City of Milton Zoning Ordinance, Section 64-1,
Definition for Landscaping Business.
(Agenda Item No. 10-1301)
(Presented by Lynn Tully, Community Development Director)
Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Items.
Councilmember Thurman seconded the motion. The motion passed unanimously 7-0.
PUBLIC HEARINGS
1. Approval of a Resolution of the Mayor and Council of the City of Milton, Georgia
Regarding "9-1-1" Wireless Enhanced "9-1-1" Charges and Voice Over Internet Protocol.
(Agenda Item No. 10-1302)
(Matt Marietta, Fire Marshal)
Chris Lagerbloom:
• We have to confirm that we will pass the resolution authorizing us to continue to levy the 1.50 that we
can levy on the phone bill to use 9-1-1 services.
• The other requirement is that there is a public hearing that is held 10 days before you consider the
resolution.
• That is what this item is about tonight.
ZONING AGENDA (None)
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
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UNFINISHED BUSINESS
Wk.04 1. Approval of a Text Amendment to Chapter 54, Telecommunications of the City of
Milton Code of Ordinances, Sections 54-4.(3), 54-7.(b), 54-11, and 54-21.(1).
(Agenda Item No. 10-1287)
ORDINANCE NO. 10-12-85
(First Presentation on November 15, 2010)
(Presented by Lynn Tully, Community Development Director)
Lynn Tully:
• This is basically a clean-up of some errors that we found in the telecommunications code of
ordinances.
• There were some citations that were off by one.
• We have gone through and reordered those.
Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item Number 10-1287.
Councilmember Thurman seconded the motion. The motion passed unanimously 7-0.
2. Approval of a Text Amendment to Replace in its Entirety Appendix A, Fees and
Other Charges of the City of Milton Code of Ordinances.
(Agenda Item No. 10-1288)
ORDINANCE NO. 10-12-86
(First Presentation on November 15, 2010)
(Presented by Lynn Tully, Community Development Director)
r.M.
Lynn Tully:
• This item is also a clean-up item.
• The code of ordinances has an appendix section for fees and charges.
• That section has been labeled with mostly TBD.
• That appendix reflects all of the fees that were mentioned in the codes.
• They are not necessarily the fees that we charge, but where they are mentioned we have assigned
a number.
• One that is brand new is the building plan review fees for single family residential and town
houses.
• When we looked at these fees, we wanted to make sure that everything was a reasonable price in
comparison to our sister cities.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item Number 10-1288.
Councilmember Thurman seconded the motion. The motion passed unanimously 7-0.
NEW BUSINESS
MOVED FROM CONSENT AGENDA BYMOTIONAND VOTE
1. Approval of an Agreement with Lew Oliver, Inc. Whole Town Solutions.
(Agenda Item No. 10-1299)
" ae RESOLUTION NO. 10-12-1.61
(Chris Lagerbloom, City Manager)
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
Pap -e 6 of 10
Chris Lagerbloom:
• In June of this year we were in a retreat and spoke about a revisit to the Crabapple Master Plan.
• One of the things that the council indicated that it would be preferable to work with our
purchasing policies in our current ordinances.
• We wanted to find a way to get Lew Oliver into the starting process of the Crabapple Master
Plan.
• This is one way of moving forward and it is the preferred method.
• If you choose to approve this, we will start with the Crabapple area and revisit the areas that we
need to.
• If you believe this is not the direction that we need to go, we can explore those and we believe
this is what your hope is for the Crabapple Master Plan.
• Staff will go whatever direction you feel go in.
Mayor Lockwood:
• Our legal council has confirmed that this is in our legal rights and the council.
• It was fairly unanimous that Lew Oliver would be the best fit for this project.
• He is very qualified to do the project.
Ken Jarrard:
• I believe the issue is whether or not the city of Milton is consistent with the cities purchasing
policies. we
• A landscape architect is one of the positions you can directly hire without going through a
process. Mao
Councilmember Lusk:
• Having been in the building industry, I have a little heartburn about the process.
• 1 have no problem with Lew Oliver and I know his work.
• I have the highest regard for his design capabilities.
• There have been issues like sole sourcing without the opportunity of open and free competition
in cases like this in the city previously.
Ken Jarrard:
• The suggestion I give you is not where the Council doesn't have the authority to come down and
choose a process that you want to choose.
• I 'am just trying to explain what your purchase policy authorize.
• If you collectively want to go another way, of course you have that authority.
Mayor Lockwood:
• We do have several options that we can do.
• In June it seemed that the council wanted to move forward with hiring who we thought would be
the best for the job.
• Legally we are allowed to do that if we want.
• I would support this tonight because I believe it is in the best interest of the city.
0 The rest of the project will be out to bid for.
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
Page 7 of 10
Councilmember Thurman:
• Realistically the reason you would go to this rather than putting it out to bid is because the
person offers something that is unique and specialized.
• Either that or a time frame that you cannot get if it is out to bid.
Councilmember Zahner Bailey:
• I think the unique characteristics of what is required for this particular area of Milton I think does
require a skill set that is not held by everyone in the market.
• In June, that was the fundamental component that we all concurred with was that the uniqueness
of who needs to come to the table to help set the direction was critical.
• I think Mr. Oliver based on the work he has done for other cities speaks to the uniqueness of
Crabapple and what is required.
Councilmember Tart:
• I remember Crabapple needs to be rural by design and I believe Mr. Oliver gets that.
Councilmember Longoria:
• If he is the most qualified person it would come out in the bid process.
• I am confused as to why we couldn't have gone out to bid and seen why we wanted to choose
this person in the first person.
Motion and Vote: Councilmember Tart moved to approve Agenda Item Number 10-1299.
Councilmember Zahner Bailey seconded the motion. The motion passed 6-1 with Councilmember Lusk
in opposition.
2. Approval of a Resolution Requesting the Transmittal of an Application for FY 2011
Livable Centers Initiative (LCI) Study Grant in the Amount not to Exceed One
Hundred, Fifty Thousand Dollars ($150,000) in Order to Conduct an LCI Study of
the Area Along Hwy 9 to the Atlanta Regional Commission (ARC).
(Agenda Item No. 10-1303)
(Presented by Michele McIntosh -Ross, City Planner)
Michele McIntosh -Ross:
• LCI is a program sponsored by the Atlanta Regional Commission that promotes quality growth
in the region by providing funds to communities that share the program's purpose.
• To encourage increased residential development, mixed uses, and connectivity in activity and
town centers.
• ARC is also advancing the concept of lifelong communities through the LCI programs.
• We would like to submit a joint application with Alpharetta to include the areas on the map.
• The endpoint at Mayfield is also the start of Alpharetta's Main Street LCI.
• ARC likes when communities do joint projects.
• The maximum for a joint LCI is $150,000 so we will ask for that.
'""NW • That is $120,000 from federal and a local match of $30,000.
• The resolution that you all have is edited to reflect the new numbers.
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
Pap -e 8 of 10
Councilmember Thurman:
• Is Alpharetta submitting a similar resolution?
• We are going to match $30,000 as Milton, is Alpharetta going to put any money into it also?
Michele McIntosh -Ross:
• They are submitting a similar resolution.
• Alpharetta is not matching any money to the project.
Lynn Tully:
• Alpharetta just did not budget for this project previously.
Councilmember Thurman:
• I assume we will have more say so on the final outcome.
Councilmember Lusk:
• What are the challenges or issues with lowering the speed limit to 35?
• Does this include widening Highway 9 through Milton?
Michele McIntosh -Ross:
• Because it is a state route, we gave to go through GDOT.
• From what I understand is they are interested in moving people as quickly as possible. w
• They don't like to hear that we would like to slow people down.
• I have heard that when a city has a plan in place that suggests that the community wants it, you
are looking at increasing pedestrian facilities and streetscape and they will listen to the point and
entertain the idea.
• There is a widening of Highway 9 proposed in North Fulton.
Councilmember Zahner Bailey:
• I wanted to say thank you to staff for their hard work.
Councilmember Tart:
• Are the plans put forward going to be contingent on a 35mph speed limit or will they present two
options?
Michele McIntosh -Ross:
• We will suggest two plans one with and one without the 35mph.
Motion and Vote: Councilmember Tart moved to approve Agenda Item Number 10-1303.
Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0.
3. Approval of a Resolution Adopting the Council and Work Session Meeting Dates
(January through December 2011).
(Agenda Item No. 10-1304)
RESOLUTION NO. 10-12-162
(Presented by Sudie AM Gordon, City Clerk)
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
Page 9 of 10
City Clerk Gordon:
boom • We are seeking approval of the calendar for the 2011 council meetings.
• These calendars reflect all council meeting dates as well as work sessions.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item Number 10-1304.
Councilmember Lusk seconded the motion. The motion passed unanimously 7-0.
MAYOR AND COUNCIL REPORTS
Mayor Lockwood:
• I think our events this weekend was a success especially with the weather.
• We had a great crowd and I believe it will keep growing.
• Thank you Cyndee, Jason and the rest of the staff.
Councilmember Hewitt:
• I was able to take part in the live fire training exercises on Thursday.
• I would like the thank the Chief for the invitation.
• It was great to see what our firefighters do even though it was a staged fire.
• We approve how things work and it's great to see it in action.
Councilmember Zahner Bailey:
• I received a call today about a young student that had the chance to go to lunch with the Mayor.
• I was told it was an amazing experience for the student.
Mayor Lockwood:
• It was a great experience.
STAFF REPORTS
City Manager Lagerbloom:
• Next week we have a work session.
• It will be a short meeting.
• If you are all interested, we can move that Work Session to be before the regular council meeting
on the 201h of December.
• We do have auditors in the building to close out last year's fiscal year.
• Stacey will be back at the beginning of the year.
EXECUTIVE SESSION
$,,, o The purpose of the Executive Session is to Discuss Pending Litigation.
(Agenda Item No. 10-1305)
Motion and Vote: Councilmember Tart moved to adjourn into Executive Session to discuss Pending
Litigation at 7:12 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously
7-0.
Regular Meeting of the Milton City Council
Monday, December 6, 2010 at 6:00 pm
Page 10 of 10
RECONVENE
Motion and Vote: Councilmember Thurman moved to reconvene the Regular Meeting at 7:35 p.m.
Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0.
ADJOURNMENT
(Agenda Item No. 10-1306)
Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 7:39 p.m.
Councilmember Longoria seconded the motion. The motion passed unanimously 7-0.
Date Approved: December 20, 2010.
Sudie AM Gordon, City Clerk Joe Lockwoo ayor
STATE OF GEORGIA )
AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) OPEN MEETINGS
w.AM 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 December 6, 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];
() Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)1;
( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law
*^ [O.C.G.A. § 50-14-3(1)];
„w„ ( ) 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 be
this 6"' day of December, 2010. �► ,� 110t4`
Notary Pu lic �e� Q
My Commission Exp' es: AS114o
MAYOR J LOCKWOOD