HomeMy WebLinkAboutMinutes CC - 08/01/2011 - Reg Mins 08 01 11 (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, August 1, 2011
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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.
Oficial Meetings are audio recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on August 1, 2011,
Councilmember Lusk initially presiding, Mayor Lockwood arrived at 6:18 p.m. and presided
thereafter.
INVOCATION
Chaplain Remco Brommet, Chaplain for City of Milton Police and Fire.
CALL TO ORDER
Councilmember Lusk called the meeting to order.
ROLL CALL
City Clerk Gordon called the roll and made general announcements.
Councilmembers Present: Mayor Lockwood arrived late. Councilmember Thurman, Councilmember
Zahner Bailey, Councilmember Lusk and Councilmember Tart.
Councilmembers Hewitt and Longoria 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 ltern No. 11-156)
Staff recommends the following changes to the meeting agenda:
1. Add an Executive Session to discuss land acquisition.
Motion and Vote: Councilmember Thurman moved to approve the meeting agenda as amended by
staff. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (4 — 0).
Mayor Lockwood was absent from the vote. Councilmembers Hewitt and Longoria were absent 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.
Regular Meeting of the Milton City Council
Monday, August 1, 2011
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• Please remember this is not a time to engage the Mayor or members of the City Council in
conversation.
• When your name is called please step forward and speak into the microphone stating your name
and address for the record.
• You will have five minutes for remarks.
There was no public comment.
CONSENT AGENDA
City Clerk Gordon read the Consent Agenda items:
1. Approval of the June 13, 2011 Work Session Minutes.
(Agenda Item .No. 11- 157)
(Sudie Gordon, City Clerk)
2. Approval of the June 20, 2011 Regular Meeting Minutes.
(Agenda Item No. 11- 158)
(Sudie Gordon, City Clerk)
3. Approval of the July 6, 2011 Regular Meeting Minutes.
(Agenda Item No. 11- 159)
(Sudie Gordon, City Clerk)
4. Approval of a Facility Use Agreement between the City of Milton and Fulton County Board of
Education for the Use of Northwestern Middle School.
(Agenda Item No. 11.- 160)
(Tom Gilliam, Program Coordinator, Parks and Recreation Department)
5. Approval of a Construction Services Agreement between the City of Milton and Cook
Construction Services, Inc. for the Headwall Repair in the Shadowood Farms Subdivision
in the Amount of $11,950.00.
(Agenda Item No. 11- 161)
(Carter Lucas, Public Works Director)
6. Approval of a Construction Services Agreement between the City of Milton and Blount
Construction Company, Inc. for the FYI I Reconstruction & Resurfacing Projects (Thompson
Road, Freemanville Road, Webb Road & New Bullpen Road).
(Agenda Item No. 11- 162)
(Carter Lucas, Public Works Director)
Motion and Vote: Councilmember Tart moved to approve the Consent Agenda. Councilmember
Thurman seconded the motion. The motion passed unanimously (4-0). Mayor Lockwood was absent
from the vote. Councilmembers Hewitt and Longoria were absent from the meeting.
REPORTS AND PRESENTATIONS (None)
Regular Meeting of the Milton City Council
Monday, August 1, 2011
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FIRST PRESENTATION
1. An Ordinance of The Mayor and Council of the City of Milton, Georgia, to Fix The Ad Valorem
Tax Rate of the City of Milton for Fiscal Year 2011; and for Other Purposes.
(Agenda Item No. 11- .163)
(Stacey Inglis, Finance Director)
2. RZ11-14NC11-03 —14375 Providence Road by Segars & Snidow, LLC from C-1 (Community
Business) and AG -1 (Agricultural) to C-1 (Community Business) and AG -1 (Agricultural) for
an Existing Building for a Total of 3,085 Square Feet and a Three Part Concurrent Variance to
Reduce the 50 Foot Buffer and 10 Foot Improvement Setback Along the West, North, and East
Property Lines to 0 Feet, 0 Feet and 20 Feet Respectively [Sec. 64-1141 3.a.].
(Agenda Item No. 11- 164)
(Tom Wilson, Interim Community Development Director)
ZM11-02 — 170 Cox Road by Wall to Wall Soccer Centers to Modify the Following Conditions
of U86-64. Condition La. as follows: Two Recreational Soccer Fields, Six Mini -Soccer
Fields, a 1950 Square Foot Clubhouse and a 2500 Square Foot Storage Building Including
Restroom Facilities; to Modify Condition 2.a. to Modify the Site Plan Submitted to the
Community Development Department on July 5, 2011; to Modify Condition 3.9. as Follows:
Limit the Free -Standing Project Identification Signage on the Entire Property to No More Than
One Unlighted, Double -Faced Monument Sign Adjacent to Arnold Mill Road or Cox Road,
Having No More than 32 Square Feet Per Face and Further Not to Exceed 6 Feet from Finished
Grade Measured from the Base of the Sign Structure.
(Agenda Item No. 11- 165)
(Tom Wilson, Interim Community Development Director)
4. RZ11-15 — Text Amendment to Amend Chapter 64, Article VII, Division 5 (State Route 9
Overlay District) as it Pertains to Outdoor Amenity Areas.
(Agenda Item No. 11- 166)
(Tom Wilson, Interim Community Development Director)
Motion and Vote: Councilmember Zahner Bailey moved to approve First Presentation items 11-163,
11-164, 11-165 and 11-166. Councilmember Thurman seconded the motion. The motion passed
unanimously (4-0). Mayor Lockwood was absent from the vote. Councilmembers Hewitt and Longoria
were absent from the meeting.
PUBLIC HEARINGS (None)
ZONING AGENDA (None)
LIKI "I-11 IM, 101171110 LMW
Approval of an Amendment to the Alcohol Ordinance to Include Provisions to Allow
"Brown -Bagging."
(Agenda Item No. 11-132)
ORDINANCE NO. 11-08-108
(First Presentations at June 20 & July 18, 2011 Regular Council Meeting)
(Deborah Harrell, Chief of Police)
Regular Meeting of the Milton City Council
Monday, August 1, 2011
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Peyton Jamison, 710 McCaus Lane, Milton, GA:
• I am here to voice my support of the proposed brown -bag ordinance.
• As a Milton business owner, I believe it will have a profound effect on our business.
• If passed, it will allow us to continue to grow within the city of Milton.
• If it is not passed, it will hinder our ability to compete with other competitors in the Metro area.
• As a resident, this will continue to make Milton a unique community to live and work without
tampering with the rural feel that is Milton.
• Please consider the passing of this ordinance with both business and residences in mind.
City Manager Lagerbloom:
• Chief Harrell is here tonight to answer any questions that you might have on this topic.
• I want to start by saying what this ordinance is not.
• I want to be clear that this does not mean that any brown bag of alcohol can be taken into any
establishment at any time for any purpose.
• That is not what this is intended to be.
• The ordinance we prepared is a good ordinance.
• This adds an additional permit type for the consumption of alcohol in certain environments.
• You all are aware that we have permits that allow for the consumption of malt beverages, wine,
distilled spirits, etc.
• This is intended to be one additional option of a permit type.
• There are certain requirements for any issuance of any alcohol permit.
• The employees of the business have to become licensed pourers in the state which has a
component of education in it.
• Do we have any questions?
Councilmember Tart:
• What are the differences in fees between an alcohol permit and a brown bagging license?
• In regards to the change of hours for pouring from 9am to l 1pm, is this changed to make us
consistent with state laws?
• Why was the change made?
Chief Harrell:
• The prices have not been approved.
• It will be in the fee schedule.
• I recommended the wine and beer on premise consumption was $800 for the year and $400 for a
half year.
City Manager Lagerbloom:
• We have a special event pouring permit for one time events.
• This permit is more specific to wanting to allow brown bagging all year.
City Attorney Jarrard:
• I don't believe the hours that you stated Mr. Tart have anything to do with consistency of state
laws.
Regular Meeting of the Milton City Council
Monday, August 1, 2011
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Chief Harrell:
• The new business that wants a brown -bagging permit has to go to an alcohol awareness class to
get their pouring permit.
Councilmember Thurman:
• What kind of process does a restaurant have to go through to allow brown -bagging?
• I would like to know what neighboring jurisdictions charge for fees.
• The restaurant isn't making money off of the alcohol brought in.
Chief Harrell:
• The business owner would have to apply for that license.
Councilmember Lusk:
• What is the regulation on sealing the open container?
City Attorney Jarrard:
• If an open container leaves a store, it has to be sealed pursuant to the "Merlot to go" statute.
• The open container has to be in a trunk or in cases of an SUV or hatchback, the container must
remain behind the furthest row of seats.
• We should put that it must be sealed by the licensee and transported in accordance to the law.
Mayor Lockwood:
• I believe the owner needs to be sure to post a sign or make notice with the law in regards to
taking sealed bottles from the premises.
• I think the ordinance should state that the bottle has to be sealed.
City Manager Lagerbloom:
• The alcohol must be transported within the parameters of the open container law.
Councilmember Zahner Bailey:
• My biggest concern is making clear what is expected of citizens in regards to alcohol
transportation.
Motion: Councilmember Lusk moved to approve Agenda Item 11-132, An Ordinance to amend
Chapter 7, Alcoholic beverages, of the City of Milton code of Ordinances to Authorize the Brown
Bagging of Alcoholic Beverages by individuals into establishments possessing a brown bag
establishment alcohol license with the following conditions:
2. In Section 4-233 — Hours and days of operation.
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following
day.
3. In Section 4-255 — Hours of operation.
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following
day.
4. In Section 4-538 — Consumption outside premises prohibited.
(a) Add the following language after the first sentence "In the event of brown
bagging in accordance with this chapter, a partially consumed bottle of
Regular Meeting of the Milton City Council
Monday, August 1, 2011
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wine must be sealed by the licensee prior to removal from the premises
and transported in accordance with O. C. G.A. 40-6-253, " "Consumption
of alcoholic beverage or possession of open container of alcoholic
beverage in passenger area. "
5. In Section 4-538 - The following paragraph in its entirety was added as
follows:
(b) Brown bag licensees must post notice stating "A partially consumed
bottle of wine must be sealed by the licensee prior to removal from the
premises and transported in accordance with O.C.G.A. 40-6-253,
Consumption of alcoholic beverage or possession of open container of
alcoholic beverage in passenger area" in a conspicuous place at the main
exit of the establishment.
Second and Vote: Councilmember Thurman seconded the motion. The motion passed unanimously (5-
0). Councilmembers Hewitt and Longoria were absent from the meeting.
2. Approval of an Ordinance to Amend Chapter 11, Business Occupation Tax, Licenses, and
Regulation, of the City of Milton Code of Ordinances to Modify the Annual License Fee Levied
on Insurers; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date;
and for Other Lawful Purposes.
(Agenda Item No. 11- 154)
OR MI NANCE NO. 11-08-109
(First Presentation at July 18, 2011 Regular Council Meeting)
(Ken Jarrard, City Attorney)
City Manager Lagerbloom:
• This deals with insurance premium tax.
• The modification comes because the population census numbers have changed.
• This ordinance brings the annual license fee to be in compliance with the population of Milton.
Motion and Vote: Councilmember Thurman moved to approve Agenda Item 11-154. Councilmember
Zahner Bailey seconded the motion. The motion passed unanimously (5-0). Councilmembers Hewitt
and Longoria were absent from the meeting.
NEW BUSINESS
A Resolution by The Mayor and Council of The City of Milton Georgia AdoptingA Prepaid
Wireless 9-1-1 Charge.
(Agenda Item No. 11-1.67)
RES0I..11TION NO. 1.1-08-185
(Ken Jarrard, City Attorney)
City Manager Lagerbloom:
• We are changing the wireless 9-1-1 fee from $1.50 to $0.75.
• This will be collected at the state level.
• The state will disperse it based on population.
• This is one that we will receive additional revenues from.
Regular Meeting of the Milton City Council
Monday, August 1, 2011
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• We need our law allows us to collect these fees.
• This will bring us into compliance with the state law.
• Funds are used to operate 9-1-1.
Motion and Vote: Councilmember Tart moved to approve Agenda Item 11-167. Councilmember
Lusk seconded the motion. The motion passed unanimously (5-0). Councilmembers Hewitt and
Longoria were absent from the meeting.
MAYOR AND COUNCIL REPORTS
Mayor Lockwood:
• I apologize for being late tonight.
• I would like to welcome Tom Wilson back and we are glad to have him here with us.
• Thank you to Carter and our staff for putting together recommendations regarding the TIA.
STAFF REPORTS
City Manager Lagerbloom:
• The cities got together to talk about moving forward as a group with the Transportation
Investment Act.
• We will vote next July for transportation enhancement for all of the state but more importantly in
our region.
• We are in the middle of the city's budget currently.
• Our first budget workshop will occur three weeks from tonight.
EXECUTIVE SESSION
Motion and Vote: Councilmember Zahner Bailey moved to adjourn the Regular Meeting into
Executive Session at 7:40 p.m. to discuss land acquisition. Councilmember Thurman seconded the
motion. The motion passed unanimously (5-0). Councilmembers Hewitt and Longoria were absent
from the meeting.
RECONVENE:
Motion and Vote: Councilmember Tart moved to reconvene from Executive Session at 7:53 p.m.
Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (5-0).
Councilmembers Hewitt and Longoria were absent from the meeting.
ADJOURNMENT
(Agenda Item No. 11-168)
Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 7:54 p.m.
Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (5-0).
Councilmembers Hewitt and Longoria were absent from the meeting.
Regular Meeting of the Milton City Council
Monday, August 1, 2011
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Date Approved: September 7, 2011.
4 �-? �w 6 ��- �
Sudie AM Gordon, City Cl k
STATE OF GEORGIA )
AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) 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 August 1, 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)];
O 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* '% I► M
this 1 st day of August, 2011.
MO T49
Notary Public
My Commission Expires:
MAYOR JOEL CKWOOD
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