HomeMy WebLinkAboutMinutes CC - 12/20/2010 - 12-20-10 Reg. Mins (Migrated from Optiview) (2)Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
Page 1 of 13
Xr." 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
ft"a 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.
Oficial Meetings are audio recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held Immediately
following the Special Called Work Session on December 20, 2010, Mayor Joe Lockwood presiding.
INVOCATION
INVOCATION — Dr. Oliver Wagner, Senior Pastor, Alpharetta Presbyterian Church
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. 10-1307)
Staff recommends the following changes to the meeting agenda:
1. Add an executive Session to discuss pending litigation and land acquisition.
Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda as amended by
staff. Councilmember Lusk 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 20, 2010 Immediately Followed the Special Called Work Session
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When your name is called please step forward and speak into the microphone stating your name
WAR
and address for the record.
You will have five minutes for remarks.
There was no public comment.
CONSENT AGENDA
City Clerk Gordon read the Consent Agenda items:
1. Approval of the December 6, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1308)
(Sudie Gordon, City Clerk)
2. Approval of a Professional Engineering Services Agreement between the City of Milton,
Georgia and David A. Burre Engineers & Surveyors, Inc. in the Amount of $8,870.00 for a
Drainage Repair Project on Thompson Road.
(Agenda Item No. 10-1309)
(Carter Lucas, Public Works Director)
3. Approval of a Task Order with Stantec Consulting Services, Inc. for Concept Study for
Mayfield Road at Mid Broadwell Road Intersection in the Amount of $114,003.58.
(Agenda Item No. 10-1310
(Carter Lucas, Public Works Director)
4. Approval of a Memorandum of Agreement between the City of Milton and Georgia
DNR Continuing our Commitment to the Early Demonstration Project.
(Agenda Item No. 10-1311)
(Lynn Tully, Community Development Director)
5. Approval of a Memorandum of Agreement with Fulton County Soil and Water
Conservation District and State Soil and Water Conservation Commission to Conduct an
Independent Plan Review and Permit Approvals as a Fully Functioning Soil and Erosion
Control Issuing Authority.
(Agenda Item No. 10-1312)
(Lynn Tully, Community Development Director)
6. Approval of a Professional Services Agreement between the City of Milton and Safebuilt
Georgia, Inc. to Provide Building Plan Review and Inspection Services.
(Agenda Item No. 1.0-1313)
(Lynn Tully, Community Development Director)
Motion and Vote: Councilmember Hewitt moved to approve the Consent Agenda. Councilmember
Tart seconded the motion. The motion passed unanimously 7-0.
REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing Road to Safety Winner.
(Presented by Mayor Joe Lockwood)
Mayor Lockwood presented a Proclamation Recognizing the Road to Safety Winner.
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
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FIRST PRESENTATION
1. Approval of an Ordinance to Adopt the Amended Local Emergency Operations Plan.
r." (Agenda Item No. 10-1314)
(Matt Marietta, Fire Marshal)
2. Approval of an Ordinance to Adopt the Job Classification Listing for Current
Approved Positions.
(Agenda Item No. 10-1315)
(Sam Trager, Human Resources Director)
Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Items.
Councilmember Longoria seconded the motion. The motion passed unanimously 7-0.
PUBLIC HEARINGS (None)
ZONING AGENDA
(Zoning items typed verbatim.)
City Clerk Gordon read the zoning rules and agenda items.
1. RZ10-06 — To Amend the City of Milton Zoning Ordinance, Section 64-1820,
Landscaping Business, Plant Nursery or Garden Center with Indoor Retail
.-0 Component.
(Agenda Item No. 10-1300)
(First Presentation on December 6, 2010)
NO." (Discussed at December 20, 2010 Special Called Work Session)
(Presented by Lynn Tully, Community Development Director)
Chris Lagerbloom:
I will actually take this to bring this current from where we were at the work session. There really isn't
any new information from the presentation that the staff made. I think we can get to the answer here in a
minute. I think the best thing we can do is hear public comment and then take action.
Mayor Lockwood:
Okay, we will go ahead and allow public comment.
Amy Peters, 14475 Wood Rd., Milton, GA:
Good evening! I am here tonight to ask you to consider many of the standards that have been proposed.
The hours of operations, the numbers of trucks, the size of the trucks, and number of trips. At the end of
the day, really what I am here for is to ask you to restrict these intensive commercial businesses to
commercial zones. Landscape businesses provided a valuable service for our citizens, but due to the
commercial nature of these businesses and related equipment, I feel strongly that council consider
properly citing these businesses and commercial zones. I believe that both Alpharetta and Roswell
require these businesses to locate in commercial zones and I ask that our Milton City Council provide
our citizens with the same protections as neighboring cities. These businesses present unique challenges
and enforcement. Whether it is the number of trucks on site, additional traffic generated by the trucks
�. and personnel, the noise from the dumpsters, or the heavy equipment stored on the premises and moved
to customer locations. It is difficult at best to enforce the ordinances. These businesses are thus
properly cited and commercial zones where their intense uses will blend with the surrounding uses, not
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
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stand and start contrast. Where Milton neighbors will applaud the growth of sound businesses and
respect that the community will generate. Thank you.
rw
Diane Maloney, 14430 Wood Rd., Milton, GA:
Good evening everyone. I am so glad that you guys are going to hopefully defer this. There seems that
there are a lot of questions and I'm not quite as prepared as Amy was, but I do have a few thoughts that
came up during the work session tonight. I'm not sure how many businesses that we are talking about
and I don't know what it seems like there is quite a few, so I hope you guys really take that into account.
The ones that are already there, are they going to be grandfathered in? I am just wondering how that will
work. As Mr. Ragsdale said, we don't know how big the businesses are going to be, so hopefully they
take that into consideration especially because I feel that this is going to be setting a precedent and we
only have one chance to get it right, so hopefully you guys will take all of that into consideration. The
other thing from another's point of view, and I don't know how this works with the zoning and special
use permits, but my sort of understanding with the special use permits is that we shouldn't be giving
them out left and right. They really should be for something special and landscaping businesses, if there
are that many, I don't know why they are all being granted special use permits but they really are not
appropriate in a residential neighborhood and the other thing that you guys were discussing was the local
street issue. I live on a dirt road that has very deep ditches on both sides and it really isn't appropriate
for these trucks to be going up and down our road and it is also part of the Milton Trail System and
invite any of you guys to come down Philip Circle where many of our neighbors park on a daily basis
and use our road as a greenway which we are so happy for, but you need to take that into consideration
in your definition in your local street and I don't think that dirt roads really can support landscaping
businesses so I don't know if that can be worked into the definition somehow but I personally would like
to see that. I thank all of you guys for all that you do for our city and I do pray for you guys all of the
time. So thank you!
City Clerk Gordon:
We have one more that would like to be read into the record in opposition.
Kim Horne, mhorne@mindspring.com:
Dear Mayor, City Council and Staff,
I would like to respectfully submit this email for your consideration as I am not able to make the
meeting this evening and wanted to share my thoughts and concerns with you over the landscaping item
agenda this evening.
To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it
pertains to Landscape Business Use Permit and Definition.
RZIO-06 — To Amend the City of Milton Zoning Ordinance, Section 64-1820,
Landscaping Business, Plant Nursery or Garden Center with Indoor Retail
Component.
RZIO-08 — To Amend the City of Milton Zoning Ordinance, Section 64-1,
Definition for Landscaping Business.
My concern is that a landscaping business should be on C-1, C-2 or LI zoned property. A landscaping
business without the pure horticulture or agriculture element is a business and should be on
approximately zoned land. I have spoken with staff at both City of Alpharetta and the City of Roswell
and neither allow landscaping businesses on AG -1 land, why would Milton approve the amendment to
Chapter 64 that would allow non agricultural businesses on AG -1 land?
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
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'PON Additional concerns with the amendments are:
This draft ordinance makes it very clear that the definition of a landscaping business is not
Now involved with horticulture or agriculture - Landscape business means a business that provides
services in locations away from the landscape business operator's property. While most of the
actual landscape activity occurs offsite, the business owner's property may be approved for
equipment storage, parking, material storage and a building or buildings for storage and plant
propagation. Landscape businesses typically include activities as: lawn installation; mowing
and maintenance; fertilization andlor insecticide treatment; the planting and maintenance of
trees; shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch
or other ground covers; the installation of stone; brick and block walkways and stonewalls and
the temporary storage of plant trimmings. Both Alpharetta and Roswell were very clear that
when there is storage of landscape materials that the permitted zoning is C-2 or I-1 (light
industrial).
The draft ordinance indicates hours of operation — 7:00 a.m. - 9:00 p.m., currently the approved
hours of operation are 6:00 a.m. — 8:00 p.m.. Such businesses should be limited to 7:00 a.m. to
7:00 p.m..
The draft language limits the number of employee vehicles to six, but does not limit the
company's vehicles. In other words, they could have as many industrial/commercial vehicles as
they want. As well item #6 states that the landscaping business vehicles being garaged or
screened but does not limit the number of business vehicles.
I request you DENY the amendments to Chapter 64, City of Milton Zoning Ordinance as it pertains to
Landscape Business Use Permit and Definition
Thanks for your consideration
Kim
Mayor Lockwood:
Alright, I will now close the public comment. If it is clear that the council would like to Defer this or
reconsider this with another work session and move forward, what would be our exact process on this
Mr. Jarrard?
City Attorney Jarrard:
I think depending on if the council has any additional questions for staff. Those would be appropriate
now, but at the end we just need to make a motion to defer it to a time less certain.
Mayor Lockwood:
I will open it now to any specific questions that Council may have to staff and after that will ask for a
motion. Does anyone have a question that they would like to ask right now?
Councilmember Zahner Bailey:
OPM Based on the earlier discussion during the work session and the points that have been brought up in
public comment, I would like to ask staff if we indeed defer this to another work session, some of the
ifto things that I would hope that we could get information about would be what do other jurisdictions do?
We have had reference to what other jurisdictions do, but it would be helpful to have that information,
and Lynn, maybe that is something you could address? I think what other jurisdictions do would be
valuable as well as why they do what they do. So that information would be helpful. I would also like to
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
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provide credence to some of the things that Councilmember Lusk spoke about earlier and just to capture,
some of the things that I heard was that some of the vagueness that is currently in the draft is a concern
and I would echo those concerns. I think that wherever we talk about appropriate size, we need to give
definition to that and if it is appropriate in AGI or does it need to be considered for a commercial zoning
as stated by several of the community members. I think that also Councilmember Lusk talked about the
vagueness surrounding storage and size of containers. Again, I don't think those are things that we want
to leave to chance, especially when we are looking at what may or may not be commensurate with AGI
residential land. The topic of road, and again these are great questions that other council members had; I
am just trying to capture those when we get to our next gathering. As it relates to road definitions, and I
know that some of the folks that were here earlier, obviously are very concerned about open road
neighborhoods, I think it's important and I think staff even mentioned that our roadways, even if they
are not local have neighborhood components to them so our road may not make for an appropriate
location. I think we need to look at what our roadways should and shouldn't be used as. I think that is
another area that requires additional dialog given that we are trying to keep a flavor throughout Milton,
not just on our local or gravel roads, but I think in many of our open roadway and neighborhoods. I think
the point about equipment and equipment type was important. Councilmember Lusk talked about types
of equipment and the fact that right now it does not make reference to dumpsters. Obviously that is
something that needs to be addressed. I made note when there was some commentary from staff, they
talked about commercial dumpster. To me that makes a point. We are looking at commercial dumpsters
on AG 1 land that to me is a bit of an oxymoron. If we are looking at commercial equipment, it does
seem to beg the question where is the appropriate place for this to be cited. I also heard discussion
earlier during the special called work session about screening versus buffering. To me, I look at this and
have heard the questions from other council members it doesn't seem to be specific enough. The earlier
dialog when it talked about storage of materials, we talked about fencing and size of piles, what happens
when you have property that is topographically higher than another. Obviously in our area we have a lot
of steep slopes. How do we deal with screening if you have a property that is adjacent to something
where that other property is looking down? I think it begs the question of more detail. The last public
comment talked about hours of operation, again I think that is something that needs to be talked about
whether it is on a commercial zoned area or if we look at just adding development standards, whatever
that would be, it would seem that we need to be consistent with our noise ordinance and also consistent
with time frames that would make sense for adjacent properties. I think that also another point was
made by another council member about number of commercial vehicles, and maybe it was the intent
even though it doesn't capture that here, and talking about intensity of use is a concern and I think our
city attorney also mentioned that, but there is no dialog within this language that would speak to
intensity of use. I think we have heard from the public that intensity of use is defined by type of material
and by size of equipment and number of pieces of equipment. Is it garaged or is it screened? I feel that it
is important that we provide definitions around how many, what type, size, etc. I would like to see us
explore what options are out there other than just an AGI use permit and I have others that I think for
the most part hopefully parallels what councilmember Lusk and Tart mentioned and I appreciate the
additional work from staff.
Mayor Lockwood:
Does anyone else have a question or comment before we make a motion?
Councilmember Lusk:
Briefly, I would like to see more attention directed towards section 64-1 definitions and state the first WNW
sentence "Landscape business means a business providing the services described below at remote off
site locations other than the landscape business operators property." I think that infers that one property
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
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is owned by the landscape business operator and the other is not. I guess it implies that the landscape
business operator's property is his residence that is the implication that I get out of. I suppose if we are
going to look at this whole thing and if we could be more specific on that definition.
City Manager Lagerbloom:
With the definition of landscape business as you have in your packet, the one that has been through staff
and through the attorneys office, the question I have, do you believe either individually or collectively of
a business that operates under that definition should be permitted at all in AGI zoning and that is kind of
the question that we have to get to. We don't have to get to it tonight, but I am starting to see us get to
the fringes of that question. Should landscape business by this definition be an approved use of C1
excluded in AGI? That is a road we can travel down. I can feel us touching on the fringes of it a little
bit, but I don't feel us getting in there and crafting definitions and craft other things around it. You don't
have to answer tonight but you don't have to. That would help us really bring this home or figure out
where it fits. We can answer all of the questions and we can compare the jurisdictions. I think it is a
fundamental question that you all will have to answer, whether or not by definition should it even be
under any circumstances permitted in AGI.
Mayor Lockwood:
To clarify, obviously the existing businesses would be grandfathered and as other jurisdictions, they
don't allow this business on AG1. I believe the reason Fulton County, from what I understand had done
this, was for tax reasons and what not for people to be able to have a landscape business in the middle of
a commercial area but keep the property AGI to keep the taxes down. Any other comments?
W-0 Councilmember Thurman:
Number one. Our concept on how we want to differentiate ourselves from other cities and how we are
not like the other cities and we are rural. And let's face it; part of being rural is some of these landscape
nurseries and stuff that are out there. To just say we can't have any of that located in the AGI property, I
think we are basically saying that we don't want that part of rural, we only want the pretty horse sitting
in the pasture with the fence that doesn't poop anywhere or smell or anything but looks really pretty for
the people driving by. I think we need to tighten up the definition clearly. I think there is a lot of leeway
with the definition that is there, but for us to totally do away with that we are doing away with part of
the rural characteristics that differentiates Milton from other Cities.
Councilmember Zahner Bailey:
I would agree that we want to promote horticulture and agriculture. I don't believe the definition has
been put before us though. I think we clearly have a distinction now and I believe the planning
commission was head of there to be clear of the distinction between agriculturally and horticultural
based businesses and those that are more intense and are truly of commercial nature and when you look
at the type of vehicles and the size of potential operations as well as the equipment and even to staff s
reference to commercial dumpsters, the very nature of the vehicle that we now refer to are commercial
vehicles. The very nature of that definition has moved already away from plant nurseries and
horticulture, of course plant nurseries and horticultural based business are allowable in agricultural land
and I would of course support that. I think that what we are hearing from citizens and what we have
heard before and I think it led the planning commission down this path of looking for ways to better
�... define and limit intensity was that we were getting a misuse of our agricultural land for what really is a
commercial and industrial business which is why Roswell and Alpharetta and other jurisdictions do keep
these zoned in a commercial and/or industrial perspective. I would support exploring other options in
direct response to what our citizens have asked us to do.
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
Page 8 of 13
Councilmember Hewitt:
I cannot answer that in a yes or no this evening, I don't believe any of us can. I would like to see it
brought up at a work session and have it discussed a bit further with some of these questions to see what
happens in February.
Councilmember Longoria:
I couldn't agree more. We need more discussion on this but some of the landmines that we have to walk
over, because when I think of landscaping I can't differentiate that too much from agriculture. When I
think commercial, I think of anything that is operated as a business. We are going to have to get these
definitions squared away and try and make sense of them.
Councilmember Tart:
I understand the need to clarify the current definition. I still have not been provided with a real reason
why it seems we are opening up the scope of what this definition includes. It's one thing to clarify it and
another to open it wide open. It seems we are opening it wide open and I'm trying to figure out and that
is something I would like to explore in more detail during a work session because we have gotten away
from what I believe would be an appropriate landscaping business.
Mayor Lockwood:
It sounds like what we need to do in a work session is come up with that definition as to what the
Council feels is appropriate and not AGI versus commercial and certainly the planning commission
input.
am
Motion and Vote: Councilmember Lusk moved to Defer RZ10-06 to be discussed at the January 25, r.
2011 Planning Commission Meeting and subsequently at the March 14, 2011 Work Session.
Councilmember Longoria seconded the motion. The motion passed unanimously 7-0.
2. RZ10-08 — To Amend the City of Milton Zoning Ordinance, Section 64-1,
Definition for Landscaping Business.
(Agenda Item No. 10-1301)
(First Presentation on December 6, 2010)
(Discussed at December 20, 2010 Special Called Work Session)
(Presented by Lynn Tully, Community Development Director)
Mayor Lockwood:
We will go ahead and take a motion and vote if there isn't any public comment on this item. There isn't
a need to repeat all of what we just brought up and talked about.
Motion and Vote: Councilmember Hewitt moved to Defer RZ10-08 to be discussed at the January 25,
2011 Planning Commission Meeting and subsequently at the March 14, 2011 Work Session.
Councilmember Lusk seconded the motion. The motion passed unanimously 7-0.
UNFINISHED BUSINESS
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)
RESOLUTION NO. 10-12-163
(First Presentation on December 6, 2010)
(Matt Marietta, Fire Marshal)
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
Paee 9 of 13
Matt Marietta:
• This is just a final vote on the item that we presented in the first presentation at our last meeting.
• I would be happy to answer any questions that any of you may have.
Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1302. Councilmember
Longoria seconded the motion. The motion passed unanimously 7-0.
2. Approval of a Resolution to Transmit the City of Milton's Draft 2030
Comprehensive Plan: The Community Agenda to the Atlanta Regional Commission
(ARC) and the GA Department of Community Affairs (DCA) for their Sixty Day
Review.
(Agenda Item No. 10-1286)
RESOLUTION NO. 10-12-164
(Previously Introduced at November 1, 2010 Special Called Work Session)
(First Presentation and Public Hearing at November 15, 2010 Regular Council Meeting)
(Presented by Michele McIntosh -Ross, City Planner)
Michele McIntosh -Ross:
I wanted to reiterate the process of the comprehensive plan and where we are in that process.
• Upon completion of the draft community agenda, the state requires several more steps before the
final adoption of the plan.
• First step, an official public hearing to allow community to comment on the draft.
• This was held November 15, 2010.
• Second step, the city resolution approving the transmittal of the plan to the ARC and DCA for a
60 day review and comment period.
• This is where we are in the process.
• We are requesting approval to transmit the plan to ARC and DCA.
We received comments from Council and citizens and CPAC reviewed all comments at
December I" and December 8th CPAC meetings.
• Several edits were made and changed and highlighted dated.
After the 60 days, ARC comments will be brought to CPAC.
• Final step would be to adopt as a city resolution in Spring of 2011.
• A city resolution shown of adoption is due to the ARC and DCA before October 20, 2011.
Councilmember Tart:
• Thank you to the Comprehensive Plan Advisory Committee for your work.
Councilmember Longoria:
I appreciate all of the work you guys have done.
Councilmember Hewitt:
wpm • Thank you guys for the work you have put into this project.
Councilmember Lusk:
.N. 0 Thank you for the effort that all of you have put in.
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
Page 10 of 13
Mayor Lockwood:
• Certainly, thank you and this committee is close to doing almost as much work as the Council up
here as far as the time and commitment, so thank you for that.
Councilmember Zahner Bailey:
• I would like to echo the comments.
• You guys have put a lot of time into this project and you have given consideration to lots of
groups.
• Thank you for all of your work and I support your committee.
Councilmember Thurman:
• Some of my answers were answered and some were not addressed.
• Would you rather me send them back to you or address them now?
• There were some parcels that were incorrectly reflected on a map.
• Under community issues and opportunities, "new development threatened to encroach upon
areas that are not suited for development". That sentence makes little sense.
• Can that be reworded?
• I think to say that we won't make any changes until after 2030, is a mistake.
George Ragsdale:
• We received two comments from staff.
• CPAC addressed all questions and not all changes were made, but they were all considered. so
• Something we did speak about is not shown on this existing draft. low
• Hopefully that map was corrected that were incorrectly labeled.
• There are new maps in the packets in front of you.
• The wording on that item was addressed and says what CPAC thinks it should say.
• Every five years we can go back and make adjustments.
Michele McIntosh -Ross:
• The changes that were addressed on the map are noted in the text, but not on the map.
Councilmember Zahner Bailey:
• If we are going to change master planned areas that the community has weighed in on, we need
to have more community meetings.
• This is the first I've heard that certain master planned areas are suddenly going to be open for
redefinition.
• Is Crabapple identified as mixed use zoning?
George Ragsdale:
• Not all of Crabapple is mixed use.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 10-1286.
Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0.
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
Page 11 of 13
NEW BUSINESS
1. Approval of a Resolution Amending Resolution No. 10-09-155 Appointing A
Member To The Historic Preservation Commission For The City Of Milton By
Appointing A Member For District 6.
(Agenda Item No. 10-1316)
RESOLUTION NO. 10-12-165
(Presented by Councilmember Alan Tart)
Councilmember Tart:
• I would like to put forward a nomination to appoint Veronica Buckman as my appointee to the
Historic Preservation Commission.
• She is a resident of 1270 Rolling Links Drive for 8 years with her husband.
• Mrs. Buckman grew up in the Northeast and went to school in Boston.
• She is from a rural town in Connecticut, much like Milton.
• She is a freelance writer.
• On the resolution her term would be concurrent with mine, December 31, 2011.
Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 10-1316.
Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0.
2. Approval of a Resolution to Approve the Highway 9 Design Guidelines.
(Agenda Item No. 10-1317)
RESOLUTION NO. 10-12-166
..... (Presented by Lynn Tully, Community Development Director)
Robyn MacDonald:
• I am happy to bring this resolution to adopt the Highway 9 design guidelines which you have
before you.
• It was brought to you in November for a work session.
• We did correct a graphic on page 7 to include some trees in the parking lot to reflect our code.
• If you do approve this resolution it will be published through our website and department.
• We will have a planning commission and the highway 9 guidelines committees to meet jointly to
discuss the future text amendments as required by the new procedures.
• We will be meeting the week of the 11th of January.
• I believe we only need one more meeting with the Highway 9 guidelines committee.
Councilmember Tart:
• Do we have a time table for when the text amendments will come before us?
Robyn MacDonald:
• This meeting will be the first step in that process.
• I'm thinking spring.
• If they can meet that week in January that will allow the staff time to get together the additional
.".a commentary.
George Ragsdale:
• What you're seeing has never been to the planning commission.
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Monday, December 20, 2010 Immediately Followed the Special Called Work Session
Page 12 of 13
• The process we worked out last year was designed to avoid the protracted process.
• I don't believe one work session would accomplish what we think it will.
Lynn Tully:
• These design guidelines do not have changes to the text.
• They are recommending some changes to the text.
• That is why we are going back to the planning commission to get this joint work session.
• We would do the same thing with any of the other commissions or committees.
• The planning commission should hear and view all text amendments.
• The design guidelines are not regulatory.
• There are some recommendations for us to do additional work but they have not gone to the
planning commission yet.
Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1317. Councilmember
Hewitt seconded the motion. The motion passed unanimously 7-0.
3. Approval of a Resolution to Adopt the 2011 Zoning and Use Permit, Zoning
Modification, Board of Zoning Appeals, Historic Preservation Commission and the City of
Milton Design Review Board Schedules.
(Agenda Item No. 10-1318)
RESOLUTION NO. 1.0-12-167
(Presented by Lynn Tully, Community Development Director)
Robyn MacDonald:
• This is our various boards and commission schedules that have been coordinated when needed
with the city council schedule.
• It is pretty straight forward.
Councilmember Tart:
• I assume the dates and everything have been worked out with the committees themselves?
Robyn MacDonald:
• Yes, all dates have been worked around and talked about.
Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1318. Councilmember
Thurman seconded the motion. The motion passed unanimously 7-0.
MAYOR AND COUNCIL REPORTS
Mayor Lockwood:
• I wanted to thank Chief Edgar for the hard work that him and his department did with enabling
us to receive a better ISO rating.
• Mark Aral has passed courses to be a erosion sediment control professional.
Councilmember Lusk:
0 I just wanted to wish everyone a Merry Christmas
Regular Meeting of the Milton City Council
Monday, December 20, 2010 Immediately Followed the Special Called Work Session
Paae 13 of 13
0— STAFF REPORTS
ba" City Manager Lagerbloom:
• We need to look if we want to have a January Work Session.
• The calendar is scheduled for January 10th and we could shift that to the 12th or have it before the
meeting on the 19th. Third option we could just handle what we need to during the two meetings
and not have a work session.
• We don't have to decide that tonight.
• Business license renewals are out.
• Annual report is in full swing.
• The State census numbers will be out soon.
• Next week will be a slow week but city hall will be open.
• Each department will be represented.
• The training we had recently was unlike any training I have been through.
• Thank you Council for offering the opportunity and it was an one of a kind opportunity.
EXECUTIVE SESSION
The purpose of the Executive Session is to Discuss Pending Litigation and Land Acquisition.
,,... Motion and Vote: Councilmember Zahner Bailey moved to adjourn into Executive Session to discuss
Pending Litigation and Land Acquisition at 7:56 p.m. Councilmember Hewitt seconded the motion.
The motion passed unanimously 7-0.
RECONVENE
Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 8:35 p.m.
Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0.
ADJOURNMENT
(Agenda Item No. 10-1319)
Motion and Vote: Councilmember Zahner Bailey moved to adjourn the Regular Meeting at 8:36 p.m.
Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0.
Date Approved: January 5, 2010
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low Su ie AM Gordon, City Clerk Joe Lockw , Mayor
STATE OF GEORGIA )
AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) OPEN MEETINGS
,rw 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 20, 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)1;
( ) 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. § 50-14-2];
( ) 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 m 'fff11/N����
this 20th day of December, 2010. „a►$ A M 12p9�
OWNMAYOR JO OCKWOOD
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Notary PublicVic,
My Commission Expires: �•� �,10�' C2