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HomeMy WebLinkAboutMinutes CC - 07/06/2011 - Mins 07 06 11 Reg (Migrated from Optiview)Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Page 1 of 9 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 July 6, 2011, Mayor Joe Lockwood presiding. INVOCATION Reverend Patrick Abent, Inner Quest Church 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 Zahner Bailey, Councilmember Bill Lusk, Councilmember Joe Longoria, and Councilmember Alan Tart. Councilmembers Thurman and Hewitt were absent/excused from the meeting. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 11-138) Motion: Councilmember Zahner Bailey moved to approve the meeting agenda with the following changes: 1. Add an Executive Session to discuss litigation and personnel. 2. Move First Presentation Item to New Business. Second and Vote: Councilmember Lusk seconded the motion. The motion passed unanimously (5 — 0). Councilmembers Thurman and Hewitt were absent/excused from 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. Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Page 2 of 9 • 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. Patti Silva, 1685 Highgrove Club Dr., Milton, GA: • I am with the Milton Love Project and I love my community. • I am worried about the cyclists in this city. • I think that we need to educate the residents and the cyclists in our city about the rules of the road, what is considerate, and how to take care of each other. • Someone was killed a couple of days ago in the City of Roswell. • I also heard that a biker was injured on Redd road last week. • Is there a way that the public safety department could do an outreach to the citizens and bikers in the city to ensure safety. Travis Allen, 13095 Region Trace, Milton, GA: • In light of two recent articles in the Milton Herald that have placed the Milton Historic preservation commission and Ordinance in a not so positive light, I feel it may be best if any questions regarding Historic Preservation be directed to the HPC and not city staff/council. Both Articles were slightly misleading and several statements had obviously not bee fact -checked by the author. I feel that this may not have been the case if the appropriate parties had been asked. -Travis Allen speaking as a citizen and not as the HPC Chair. CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: 1. Approval of the May 16, 2011 Regular Minutes. (Agenda Item No. 11- 139) (Sudie Gordon, City Clerk) 2. Approval of the May 25, Special Called Work Session Minutes. (Agenda Item No. 11- 140) (Sudie Gordon, City Clerk) 3. Approval of a Parks and Recreation Event License Agreement between the City of Milton and Eagle Stix Lacrosse, Inc. to Offer a Girls Youth Lacrosse Program. (Agenda Item No. 11- 141) (Cyndee Bonacci, Parks & Recreation Director) 4. Approval of a Construction Services Agreement between the City of Milton and Horticultural Gardens for the Embankment Restoration Project at Bell Memorial Park in the Amount of $9,107.00. (Agenda Item No. 11- 142) (Cyndee Bonacci, Parks & Recreation Director) Motion and Vote: Councilmember Zahner Bailey moved to approve the Consent Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Page 3 of 9 REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing July is Parks and Recreation Month. (Presented by Mayor Joe Lockwood) Mayor Lockwood presented a proclamation recognizing July is Parks and Recreation Month. FIRST PRESENTATION MOVED BYMOTION AND VOTE TO NEW BUSINESS 1. Approval of a Resolution of the City of Milton, Georgia Establishing a Moratorium on the Enforcement of the Telecommunications Operating License Fee Associated with Annual Registration for Owners and Users of Telecommunications Facilities. (Agenda .Item No. 1 l- 143) (Lynn Tully, Community Development Director) PUBLIC HEARINGS (None) ZONING AGENDA (None) UNFINISHED BUSINESS 1. Approval of an Ordinance of the City Council to Authorize Fulton County to Conduct Elections. (Agenda Item No. 11-133) ORDINANCE NO. 11-07-105 (First Presentation at June 20, 2011 Regular Council Meeting) (Ken Jarrard, City Attorney) City Attorney Ken Jarrard: • In front of you is a proposed agreement between the City of Milton and Fulton County that will provide for the provision of services of Fulton County to conduct elections. • On page two, paragraph three, you will see the costs with respect to the general election shall be $42,746 and the run-off election will be $36,593. • This agreement contains the terms of payment and also provides that if there is an election challenge the city attorney will be called in for defense with obligation of reimbursement. • We have reviewed this agreement and we have made modifications and am asking for approval. Councilmember Zahner Bailey: • Is there any way to reduce these costs within our agreements? City Attorney Jarrard: • The fees we have are as low as Fulton County would go. Councilmember Lusk: • Is this contract on a unit cost basis? Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Paize 4 of 9 City Attorney Jarrard: • The county will furnish back to the city a complete statement of all costs and expenses. • If they can justify the figures, we will have to pay them. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 11-133. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. 2. Approval of an Ordinance to Amend Chapter 7, Alcoholic Beverages, of the City of Milton Code of Ordinances to Authorize the Package Sales of Malt Beverages, Wine and Distilled Spirits by Certain Retail Package Licensees during Certain Hours on Sundays; to Provide for the Repeal of Conflicting Ordinances; to Authorize a Referendum on the Package Sale of Alcoholic Beverages on Sundays; and for Other Lawful Purposes. (Agenda Item No. 11-134) ORDINANCE NO. 11-07-1.07 (First Presentation at June 20, 2011 Regular Council Meeting) (Ken Jarrard, City Attorney) City Attorney Jarrard: • This is a proposed ordinance that has been put together with the change of the law that will allow us to give the voters the chance to vote if they want to allow the sales of malt beverages, wine, and liquor on Sundays. • The first step is for us to adopt an ordinance by the governing authority (this council). • If this is adopted, it will be submitted to the election superintendent for the State of Georgia who will call for the election and it will be on the ballot in November. • With respect to the sales of Beer and Wine, it will allow sales between 12:30pm and 11:30pm on Sundays. • Distilled spirits would contain the same time period. • This would be a modification of our code if this is not ratified and we will not have Sunday sales with no need of further action from Council. • I am in favor of this being approved tonight for it to be on the ballot. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 11-134. Councilmember Tart seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. NEW BUSINESS Approval of City of Milton Strategic Plan 2012 to 2015. (Agenda Item No. 11-144) Discussed at Work Session of May 9 and June 13, 2011 (Chris Lagerbloom, City Manager) City Manager Lagerbloom: • This is something that we have been working on for several months. • A few things that have been changed since the last work session. • Page nine, it reads "establish infrastructure of department and development standards that are equestrian friendly". Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Page 5 of 9 • Page ten, it reads "avoid density in rural areas and encourage development in areas identified by the comprehensive plan". • Those were a few modifications. • The plan will be used moving forward if it is adopted tonight. • It will first be put it into action for the fiscal year 2012 budget. • We have allocated an additional week in that budget calendar to tie it to the strategic plan. • I don't think we need to go page by page on this item considering we have worked on this for a few months. Councilmember Tart: • I know the strategic plan has to do with marketing of the city and promotion of the city, and rather than to assume that staff will take the weight of that to build it into our yearly budget, for our next retreat council could also work together to be a part of it. • I am sure there is a marketing portion with communications and aspect. • Rather than assume Jason will take the full burden, I'm sure that we as a council can help and be a part of that. • If there are certain things we want to promote, we should help with our networking. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 11-144. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. 2. Approval of the Purchase of Property at 15690 Hopewell Road, Milton, Georgia 30004. (Agenda Item No. 11- 145) (Chris Lagerbloom, City Manager) City Manager Lagerbloom: • This is simply a ratification of the purchase of the property on Hopewell Road. • We closed on this property a week and a half ago. • The purchase prices was $250,000. It is roughly a 3acre parcel on the northwest corner of Hopewell Road and Birmingham Road. • We felt it was appropriate to make this land acquisition. Christopher Bloer, 1860 Birmingham Rd., Milton, GA: • I apologize that I did not recognize this property was in front of you before today. • I am slightly disappointed with the direction that the city has taken. • It's not that I am opposed to enhancing our Parks and Recreation facilities or preserving the historic places that we have here. • It is more of a stance that we have invested a tremendous amount of money on the Bethwell House which I thought was a wise investment. • What seems to have happened, is we invested our money into something we are not sure that we will be able to really capitalize from. • As you look to make future purchases in the city, I hope we do so with firm data and financial prudence and not on hopes or desires. • I believe in taking risks either with my own business and my own money as my own money and not necessarily as a public investment. Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Pap -e 6 of 9 City Longoria: • We followed the standard procedure about publicizing what we were going to purchase, the location, the price, etc. • Did you get any feedback in the community? City Manager Lagerbloom: • No sir. Councilmember Longoria: • I think it is odd that we didn't get any feedback on this decision. Mayor Lockwood: • We had some positive feedback from a few citizens. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 11-145. Councilmember Tart seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. MOVED FROM FIRST PRESENTATION TO NEW BUSINESS 3. Approval of a Resolution of the City of Milton, Georgia Establishing a Moratorium on the Enforcement of the Telecommunications Operating License Fee Associated with Annual Registration for Owners and Users of Telecommunications Facilities. RLSOLUTiOP NO. 1-07-183 (Agenda Item No. 1.1- 143) (Lynn Tully, Community Development Director) Lynn Tully: • This is a joint effort between myself and Ken's office. • The moratorium is to put a hold on this section of the telecommunication ordinance as it deals with licensing of those towers and antenna rays that are on the towers. • There is a licensing requirement and a fee established but what we found is the telecommunication industry is putting together litigation with areas similar to ours. • Because of that, we thought we should see how that litigation was going to pan out. • We wanted to see if we would prevail in similar situations. • We are putting in a moratorium on that section only for nine months or until completion of the Liberty County case. City Attorney Jarrard: • Just that, as we watch the Liberty County case unfold, we may get some guidance from the court. • We may find that we can better clarify our ordinance to make it's consistent with what the court decides in that case. • I think the collective thought of the staff was that if there is litigation on this issue, this is a case of first impressions. • We may come back after the court rules and we may not want to repeal this but we may want to tweak it some. Councilmember Tart: 9 You are worried that if we do not put a moratorium on this it could be a lawsuit? Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Page 7 of 9 City Attorney Jarrard: • Yes sir. Councilmember Zahner Bailey: • I do appreciate the conservative fiscal approach on this. • I think we have all been concerned about towers, but I do believe the Liberty County issue does represent a fiscally responsible approach. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 11-143. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. MAYOR AND COUNCIL REPORTS Councilmember Zahner Bailey: • I want to commend the efforts of the Parks and Recreation folks for the concerts in the park. • I have gotten positive input and comments from the community. • I think it is a great thing to do for all citizens here in Milton. Mayor Lockwood: • Thank you to Councilmember Lusk for helping out with the Crabapple Community Parade. Councilmember Lusk: • I believe this is the beginning of a new tradition here and in Crabapple. STAFF REPORTS • City Manager Lagerbloom: • We made an emergency purchase about fifteen minutes ago. • We had a hole open up on Hambree Rd. today possibly connected to the storm water system. • It looks like it will be fixed by tomorrow. • It was $5,800 to have this fixed. • I want to let you all know the strategic planning group that came together was a great working team. • Several community members were on that team and they are all named in the report. • I wanted to publically say thank you to all staff and citizens that gave their time to us. • We have a staff report that comes from Parks and Recreation Advisory Board. • The PRAB has taken an official position as to what our position should be with respect to North Park and residential fees. • Generally, it goes back to us having park land that is surrounded by the city of Milton and it is in Alpharetta. • Our residents pay non-resident fees for programs at the park. • We reached out to the Alpharetta City Administrator and asked how we could figure this out. • My position is that there is some financial component that goes into allowing the park to function from fees. • There is wear and tear that is generated because of the additional use from our Milton citizens. Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Page 8 of 9 • We asked that they come up with a reasonable number for fees. • They asked that we put together an office for Alpharetta. • The PRAB is here tonight to discuss what is reasonable. • I don't believe we need an official council action to notify Alpharetta of our decision. Mark Reeds Parks and Recreation Advisory Board Chair: • From what I understand is that around 60% of the programs are Milton residents. • Mainly the youth football AYFA and AYSA softball. • Based on Alpharetta's fiscal year 2010 numbers that ended June 30, 2010, approximately $80,000 of their revenue were out of city fees collected from City of Milton residents. • We came up with a rough estimate of $120,000 to be proposed to Alpharetta. • To me, it is fair if you look at their revenue that they are getting at the park. • Most of that revenue is coming from the city of Milton residents. • The other piece to that was we felt that in the proposal we would make it a renewable option from a year to year basis. • We would have a look back to the prior fiscal year and adjust that fee if the numbers got out of our budget or if the numbers drastically changed. City Manager Lagerbloom: • We can do all of this work and Alpharetta could say no. • Something I struggle with is spending $120,000 to save $80,000. • I think that there is wear and tear on the park that needs to be taken care of. • I think that joining will really help bring our two communities together and feeling welcomed when participating in any recreational sports. • A non-resident fee is 50% more than a resident fee. • The price varies on the program. • One last report tonight comes from Carter Lucas about the stabilization efforts at the Hopewell House. ` • If you see some work going on out there, you will know what is going on. Carter Lucas: • We have been working on the Hopewell house to work on the stabilization efforts on the property. • Our crews are doing general cleanup. • We have the water system back up and going. • We are taking bids for general maintenance on exterior of the structure such as replacing some of the siding, flashing and cleaning the siding, and repainting the structure. • We are taking bids on repair of the upstairs HVAC unit and for the removal of trees on the property. • We have two large dead pines that we need to take off. • We have four smaller pines that are leaning or growing into some of the larger pines in the area. • Some are diseased or damaged maple trees. • Three cedars on the side of the house we need to take down to allow us to access that size of the house to maintain it. 0 That is it for now. We are just trying to get it cleaned up and stable. Regular Meeting of the Milton City Council Wednesday, July 6, 2011 Page 9 of 9 Councilmember Zahner Bailey: • In regards to the tree removal, are we in compliance with the tree ordinance? Carter Lucas: • Yes we are. EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to adjourn to Executive Session to discussion litigation and personnel at 7:28 p.m. Councilmember Tart seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. RECONVENE: Councilmember Lusk moved to reconvene the Regular Meeting at 8:07 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. ADJOURNMENT (Agenda Item No, 11-146) Motion and Vote: Councilmember Zahner Bailey moved to adjourn to Regular Meeting at 8:09 p.m. Councilmember Tart seconded the motion. The motion passed unanimously (5-0). Councilmembers Thurman and Hewitt were absent/excused from the meeting. Date Approved: August 1, 2011. A)II 6 //? & Sudie AM Gordon, Ci Clerk Joe hoc , Mayor No Text