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HomeMy WebLinkAboutMinutes CC - 10/17/2011 - Mins 10 17 11 Reg (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, October 17, 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. Oficial Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on October 17, 2011, Mayor Lockwood presiding. INVOCATION Reverend Larry Eubanks CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL City Clerk Gordon called the roll and made general announcements. Councilmembers Present: Councilmember Thurman, Councilmember Zahner Bailey, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Tart. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 11-219) Staff recommends the following changes to the meeting agenda: 1. Add Executive Session to discuss land acquisition, litigation and personnel. Motion and Vote: Councilmember Tart moved to approve the Meeting Agenda as amended by staff. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. • Each citizen who chooses to participate in public comment must complete a comment card and submit it to the City Clerk. • Please remember this is not a time to engage the Mayor or members of the City Council in conversation. Regular Meeting of the Milton City Council Monday, October 17, 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. There was no public comment. CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: 1. Approval of the September 19, 2011 Regular Council Minutes. (Agenda Item No. 11- 220) (Sudie Gordon, City Clerk) 2. Approval of the October 3, 2011 Regular Council Minutes. (Agenda Item No. 11- 221) (Sudie Gordon, City Clerk) 3. Approval of Financial Statements for the Period Ending January, 2011. (Agenda Item No. 11- 222) (Stacey Inglis, Finance Director) 4. Approval of a Professional Services Agreement Between the City of Milton and Brumbelow- Reese & Associates, Inc. for a Right -of -Way Survey at the Intersection of Deerfield Parkway and Morris Road. (Agenda Item No. 11- 223) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement Between the City of Milton and Hames Residential Properties, LLC (DBA Direct Build) for Various Repairs to the Hopewell House Property. (Agenda Item No. 11- 224) (Carter Lucas, Public Works Director) 6. Approval of a Construction Services Agreement Between the City of Milton and Strickland Pipeline and Construction, Inc. for Construction of Drainage Improvements between Dinsmore Road and Scarlet Oak Trail. (Agenda Item No. 11- 225) (Carter Lucas, Public Works Director) 7. Approval of a Construction Services Agreement Between the City of Milton and Reynolds Inliner, LLC for Hopewell Road Drainage Improvements. (Agenda Item No. 11- 226) (Carter Lucas, Public Works Director) 8. Approval of a Professional Services Agreement Between the City of Milton and Moreland Altobelli Associates, Inc. for Professional Park Planning Services Including Comprehensive Park System Master Plan, Birmingham Park Master Plan Update and Milton Trail Plan Update. (Agenda Item No. 11- 227) (John Rebar, Parks and Recreation Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, October 17, 2011 Page 3 of 9 REPORTS AND PRESENTATIONS 1. Proclamation Honoring Milton High School's Top Graduation Test Score (Presented by Mayor Joe Lockwood) Mayor Lockwood presented a proclamation honoring Milton High School's Top Graduation Test Scores. 2. Zack and Thomas Eller "Adopt A Shelter Pet" Day Proclamation (Presented by Councilmember Julie Zahner Bailey) Councilmember Bailey presented a proclamation honoring Zach and Thomas Eller's "Adopt A Shelter Pet" Day. FIRST PRESENTATION (None) PUBLIC HEARINGS ALCOHOL BEVERAGE LICENSE APPLICATIONS Approval of the Issuance of an Alcohol Beverage License to Red Sky at Night, d/b/a Zola Italian Bistro located at 2955 Bethany Bend, Suites 300 & 400, Milton, Georgia 30004. The Applicant is John E. Schiveree for Consumption on Premises - Wine, Malt Beverages & Distilled Spirits. (Agenda Item No. 11- 228) (Stacey Inglis, Finance Director) Stacey Inglis: • The applicant is the new owner of the property. • Zola Italian Bistro previously held an alcohol beverage license at this location. • They have met all of the requirements of the cities ordinances and staff recommends approval. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. I1-228. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. 2. Approval of the Issuance of an Alcohol Beverage License to El Molcajete Mexican Restaurant, Inc. located at 14155 Highway 9, Suite 500, Milton, Georgia 30004. The Applicant is Miguel Garcia for Consumption on Premises — Wine, Malt Beverages & Distilled Spirits. (Agenda Item No. U.- 229) (Stacey Inglis, Finance Director) Stacey Inglis: • This applicant is simply moving locations. • They have met all of the requirements of the cities ordinances and staff recommends approval. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 11-229. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, October 17, 2011 Page 4 of 9 ZONING AGENDA 1. RZ11-16 — Approval of An Ordinance to Amend Section Chapter 64, Article XVIII, of The City Of Milton Zoning Ordinance (Chapter 64 of The City Code of Ordinances) to Amend The Historic Preservation Commission Ordinance. (Agenda Item No. 11- 215) ORDINANCE No. 11-10-116 (First Presentation at October 3, 2011 Regular Council Meeting) (Discussed at Octoberl0, 2011 Work Session) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director: On April 22nd of this year, the HPC submitted the HPC ordinance to the state of Georgia's Historic Preservation Division for their review and comment on this ordinance. The state subsequently recommended changes to this ordinance. Highlights of these changes included the following: Removal of all references to the historic zoning district. They recommended that more definitions be added. They recommended that to reduce the size of the HPC to remove all references to historical site of interest. Remove references to erecting markers at historical sites. They recommended strengthening the language for retaining outside professional help. Finally, to reduce the number of days that the HPC has to recommend and transmit their decision to the Mayor and City Council regarding a certificate of appropriateness. These recommended changes were reviewed by the HPC and subsequently by the planning commission. Both bodies did agree to the changes. Subsequent to that, Mayor and City Council reviewed these proposed changes at the work session last week. At that work session, an issue did come up and I would ask you all if you move to page nine of the ordinance and look at section 64- 2455 which is entitled "Application to HPC for Certificate of Appropriateness." In this paragraph, staff has tried to clarify language and also as a result of a discussion from last week, we have added a sentence. First, in terms of speaking to clarification of language. We want to make it very clear that in the historic district when you have a contributing structure that the HPC has the authority to review that application and to issue a certificate of appropriateness. When it is a non-contributing construction, the authority rests with the DRB and they have the authority to review and issue a certificate of endorsement. There is a distinction and we wanted to make sure that it was clear and in addition, we put the definition of certificate of endorsement on the front page of your definitions right under the certificate of appropriateness so that both certificates are dealt with under the definition category. It will make it very clear who has authority. It is a split authority ending on contributing or non-contributing. That again will make it very clear who has authority because it is a swift authority depending on contributing or non contributing. Last week we did add a sentence, and this came out of the discussion from last week in terms of when the DRB was considering a non-contributing building, they should have access to information about the historic district to use that as part of their consideration and deliberation of the certificate of endorsement. We did add that sentence and now reads "The DRB shall be informed of any important information as it relates to the historic district in which said structure is located." I hope that speaks to the concerns. That is all, I will take any questions at this time. Councilmember Lusk: What is the basis of this certificate of endorsement? Where does it come from? What is the history on it? Is it taken from someone else's ordinance? Robyn MacDonald: It is in the zoning ordinance under the overlay district guidelines. There is a section in the zoning ordinance that pertains to giving the DRB the authority. One of the authorities that the DRB has, is to Regular Meeting of the Milton City Council Monday, October 17, 2011 Pap -e 5 of 9 issue a certificate of endorsement which basically gives the permission to go ahead and build a building per overlay district standards. It gives their seal of approval before they obtain a building permit. We are doing the same thing and acknowledging that with non-contributory buildings. Councilmember Lusk: So this appears in another section of the code then? Kathleen Field: We lifted that definition from other overlays and included it in here for clarification. Councilmember Tart: I just want to make sure I understand the process. Right now, we don't have any districts that have been deemed historic or do we? No? Okay. Are there plans to do so in the future? Crabapple is coming to mind right now. So therefore, if there were a building in Crabapple that wanted to be deemed Historic but it also had an overlay, who would be making the determination and would there be a certificate of endorsement issued by the DRB or would there be a certificate of appropriateness issued by the HPC? Kathleen Field: It would have to be determined whether or not it was a contributing structure or not. Councilmember Tart: And if it is contributing, then the HPC would do it, correct? Kathleen Field: Yes. Councilmember Tart: Okay, got it. Thank you. Councilmember Thurman: Typically, the DRB really makes recommendations but their stuff is not binding, or if it is they can come back before the council. If the DRB doesn't issue a certificate of appropriateness, what is the method for an applicant to appeal that decision? Kathleen Field: It would be appealed to the city. Councilmember Thurman: Wait, it says if it is non-contributing, a building permit should not be issued without a certificate of appropriateness. What happens if the DRB refuses to issue a certificate of appropriateness? What is their next step? Robyn MacDonald: I think you are mixing up the certificate of appropriateness. The Certificate of appropriateness is what the HPC issues. If you mean the HPC, if they don't issue the certificate of appropriateness then what happens? Is that what you're asking? Regular Meeting of the Milton City Council Monday, October 17, 2011 Page 6 of 9 Councilmember Thurman: It says the certificate of appropriateness for non-contributing buildings shall be considered by the DRB after a public hearing. It says a building permit shall not be issued without a certificate of appropriateness. Councilmember Hewitt: I think you're not looking at the newer one that was handed out. Robyn MacDonald: This is the one that we are looking at. It has the most recent changes based on the discussions of last week. Councilmember Longoria: Just looking in that paragraph that we were talking about, it is barely different. If the rest of the document is barely different are we going to have the chance to go over it all? Robyn MacDonald: We decided to reprint the whole thing. The only thing that is different is that we added the definition on the front page of the certificate of endorsement on page one, and the rest is on page nine in that paragraph. We fixed that confusion between the endorsement and the appropriateness because there were some problems with that this past week. Councilmember Thurman: So if they refuse to issue. a certificate of endorsement, then it would go through the regular appeals process? Robyn MacDonald: Correct. If they do not get that, then their procedures would go through the Design Review Board and I would need to double check that, but I believe that is how it would go. Councilmember Thurman: Well it says that a building permit shall not be issued without a certificate of appropriateness or endorsement but it doesn't state what would happen if they refused to issue one. Councilmember Hewitt: It would go with the ordinary and normal DRB processes and procedures. If that is what is normal, then that answers your question. Councilmember Tart: It would appear that because of the changes made to section 64-2455 that it should be titled to application to the HPC or DRB for certificate of appropriateness or endorsement because you changed the scope of the paragraph. Mayor Lockwood: If we have no more questions for staff, I will take public comment. Do we have any public comment? City Clerk Gordon: No sir, we do not. Regular Meeting of the Milton City Council Monday, October 17, 2011 Page 7 of 9 Mayor Lockwood: I will now close the public hearing and open it up for a motion. Motion: Councilmember Zahner Bailey moved to approve Zoning Agenda Item RZ11-16 with staff's recommended revisions under Section 24-2455. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. UNFINISHED BUSINESS (None) NEW BUSINESS Approval of A Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA for the Purchase of Fitness Equipment for the Fire Stations to Support Our Wellness Initiative. (Agenda Item No. 11- 230) RESOIJUTION No. 11.4.0-191. (Matt Marietta, Fire Marshal) Matt Marietta: • Both of these items are in the same grant cycle. • These items represent an attempt to find alternate needs of funding in this economy. • A couple of years ago the city began a wellness initiative for the fire department. • It is recommended baseline physical testing and a mandatory physical fitness program. • It is proven that the majority of the firefighters that die in the line of duty die of heart attacks. • There is a push to increase the level of fitness for the fire department. • The first step is a physical assessment. • There is a mandatory physical exercise period for all firefighters while on duty. • We don't have facilities or assisted equipment. • This grant will provide equipment all of the stations. • The total grant request is for $35,200.00 and the city will provide a 10% match. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 11-230. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. 2. Approval of A Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA for the Purchase of a Multi -Purpose Pumper -Rescue. (Agenda Item No. 11- 231) RESOLUTION No. 11-10-192 (Matt Marietta, Fire Marshal) Matt Marietta: • This item is anticipating the introduction of the new station on Highway 9. City Manager Lagerbloom: • There is a possible staff component. • We can't authorize a grant that will commit the city to personnel. Regular Meeting of the Milton City Council Monday, October 17, 2011 Page 8 of 9 • If this is approved tonight, it doesn't guarantee that we will need to increase the size of the department. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 11-231. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. MAYOR AND COUNCIL REPORTS Mayor Lockwood: • Thank you to our staff for their hard work at the Roundup. Councilmember Hewitt: A • John Rebar did a great job with this festival. • Sudie, Jason Wright, Cindy Eade, Tom Gilliam, Rick Pearce thank you for your help. • Thank you to our citizens that came out to volunteer. • Thank you to the Birmingham Methodist Church for hosting the event. • I wanted to thank the people from Optech as well for all of their help. Councilmember Thurman: • Thank you to Qauntum Bank for the $500 check they wrote to us for our tree fund. • Thank you for thinking of us and congratulations on their fifth year anniversary. Councilmember Zahner Bailey: • I wanted to remind everyone that this weekend is the Rivers Alive event. • We will be working with a few organizations to clean up roadways and waterways. • We have a lot of volunteers to help and we are thankful. • It will be this Saturday from gam to Ipm. STAFF REPORTS Carter Lucas: • GDOT is in the process of repaving Birmingham Highway. • They are working from Bpm to 5am, Sunday through Friday night. • It will be going on for the next three weeks until they complete that project. EXECUTIVE SESSION Motion and Vote: Councilmember Lusk moved to adjourn to Executive Session to discuss land acquisition, litigation, and personnel at 6:58 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). RECONVENE: Councilmember Lusk moved to reconvene the Regular Meeting at 7:47 p.m. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, October 17, 2011 Page 9 of 9 ADJOURNMENT (Agenda Item No. 11-232) Motion and Vote: Councilmember Lusk moved to adjourn the regular Meeting at 7:48 p.m. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (7-0). Date Approved: November 7, 2011. Sudie AM Gordon, City Clerk Joe Lockwood, Mayor No Text STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, Joe Lockwood, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At its Regularly Scheduled Council Meeting held on October 17, 2011, the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] () Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A. § 50-14-3(6)]; (X) Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims, administrative proceedings or settlements [O.C.G.A. § 50-14-2]; (X) Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)]; ( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law [O.C.G.A. § 50-14-3(1)]; ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-2]; ( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A. § 50-14-1(a)(2)]; ( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final action is taken [O.C.G.A. § 50-14-1(a)(2)]; ( ) Other. [Explanation and citation to statutory authority required]: I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED before me this 17th day of October, 2011. Notary Public ' My Commission Expires: i t MAYOR OE LOCKWOOD f. Onfill No Text