HomeMy WebLinkAboutMinutes CC - 09/19/2011 - Reg Mins 09 19 11 (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, September 19, 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 September 19,
2011, Mayor Joe Lockwood presiding.
INVOCATION
Pastor Jacob Elzey, Vision Baptist Church, Milton, Georgia.
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 Thurman, Councilmember Zahner Bailey,
Councilmember Bill Lusk, Councilmember Hewitt, Councilmember Joe Longoria, and Councilmember
Alan Tart.
PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
(Agenda Item No. 11-197)
Staff recommends the following changes to the meeting agenda:
Defer Agenda Item Number 11-206, Approval of a Resolution Amending
Resolution number 11-05-176, A Resolution Appointing A Member to the
City of Milton Design Review Board by adding a Board Member for District
4, to the October 3, 2011 Regular Meeting.
Motion and Vote: Councilmember Tart moved to approve the meeting agenda as amended by staff.
Councilmember Thurman 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, September 19, 2011
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• When your name is called please step forward and speak into the microphone stating your name
and address for the record.
• You will have five minutes for remarks.
Scott Reece, 13685 Highway 9, Milton, GA:
• I would like to address the Milton trail.
• I believe it is an excellent concept and I believe Milton would benefit from the green space.
• It does seem that a select group will be paying for the trail.
• I am concerned with what the method of construction financing will be.
• It appears that only the properties that are directly affected are the ones on the West side of
Freemanville Rd. who will be paying for the construction of the trail and have to give the right of
way-
* On the east side, you are allowed to use the trail but are not affected.
• I am concerned with the time frame on the build out will be.
• I believe it is unreasonable to ask the land owner to build a bridge over a major stream.
• I believe if everyone enjoys it, everyone should pay.
• Thank you far your time.
CONSENT AGENDA
City Clerk Gordon read the Consent Agenda items:
1. Approval of the August 15, 2011 Regular Council Minutes.
(Agenda Item No. 11-198)
(Sudie Gordon, City Clerk)
2. Approval of the August 22, Special Called Work Session Minutes.
(Agenda Item .No. 11- 199)
(Sudie Gordon, City Clerk)
3. Approval of Financial Statements for the Period Ending December, 2010.
(Agenda Item No. 11- 200)
(Stacey Inglis, Finance Director)
4. Approval of a Construction Services Agreement between the City of Milton and Blount
Construction Company, Inc. for Hopewell Road Drainage Improvements.
(Agenda Item .No. 11- 201)
(Carter Lucas, Public Works Director)
5. Approval of a Professional Services Agreement between the City of Milton and Moreland
Altobelli Associates, Inc. for Right -of -Way and Easement Staking Services for Intersection
Improvements at Bethany Bend and Cogburn Road.
(Agenda Item No. 11- 202)
(Carter Lucas, Public Works Director)
6. Approval of a Grant Agreement between the City of Milton and Georgia Forestry Commission
Regarding the City of Milton Tree Inventory, Assessment and Management Plan — Grant
#11:15.
(Agenda Item No. 11.- 203)
(Kathy Field, Community Development Director)
Regular Meeting of the Milton City Council
Monday, September 19, 2011
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7. Approval of Subdivision Plats as Follows:
Name of
Action
Comments
Development
Howard Hoffer
Minor Plat
Revise Property Lines
Hickory Crest
Plat Revision
Combine Lots 20 and 21
and Add Missing Call on
Lot 19
Braeburn IV
Final Plat
42 Townhomes
Matthew Basile
Minor Plat
Revise Property Line - Lots 1
and 2
(Agenda Item No. 11- 244)
(Kathy Field, Community Development Director)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember
Zahner Bailey seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS
1. Proclamations Recognizing Constitution Week Presented to the Sons of the American
Revolution and the Daughters of the American Revolution.
(Presented by Councilmember Bill Lusk)
Councilmember Lusk presented a Proclamation Recognizing Constitution Week to the Sons and
Daughters of the American Revolution.
FIRST PRESENTATION (None)
SECOND PUBLIC HEARINGS
1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2011 Budget for Each
Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as
Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting
Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual
Funding Available.
(First Presentation & First Public Hearing at September 7, 2011 Regular Council Meeting)
(Stacey Inglis, Finance Director)
Stacey Inglis:
• This is the second public hearing on this item.
• This is essentially the same document from the September 7, 2011 public hearing with one
exception.
• The property taxes that we have to pay on the two new properties that we acquired this year has
been added to the budget.
• We are liable for the property taxes. The total cost for the tax bills is $8,182.00.
• This amount is covered by funds that are left over in the line item for leasing Fire Station 43
from Fulton County.
• The Budget that you adopted last year was $17,396743.00.
Regular Meeting of the Milton City Council
Monday, September 19, 2011
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• We are proposing a revenue increase of $767,079.00.
• Expenditures have increased by $1,496,174.00.
• The difference of these two items will be made up by the healthy fund balance that we were able
to build up.
2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt
the Fiscal 2012 Budget for Each Fund of the City of Milton, Georgia, Appropriating the
Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue
Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures
to Exceed Actual Funding Available.
(Agenda Item No. 11- 191)
(First Presentation & First Public Hearing at September 7, 2011 _Regular Council Meeting)
(Stacey Inglis, Finance Director)
Stacey Inglis:
• We have already held the public hearing on this item.
• This is the same document that you received on the September 12, 2011 work session with the
exception of two minor changes.
• There was a formula error on the summary sheet on the capital projects fund.
• We added the listing of the positions to the budget as well.
ZONING AGENDA (None)
Approval of an Ordinance to Amend Chapter 22: Fire Prevention and Protection.
(Agenda Item No. 11- 189)
O INANC FI' NO. 11-139-1.11
(First Presentation at September 7, 2011 Regular Council Meeting)
(Matt Marietta, Fire Marshal)
Matt Marietta:
• The original ordinance was approved when we first became a city.
• I have found a few items that I would like to have clarified.
• I would like to make a change to streamline and appeal process so it coincides with the city
building code.
• I wanted to address the City fire safety standards in an ordinance.
• I wanted to add a section that codifies the International Fire Code Prohibition on open flame
charcoal and gas grills in multifamily dwellings.
• There is a fire code section that prohibits the use of grills on porches.
• I would also like to rescind the portion of a section of the code that requires residential fire
sprinklers in single family dwellings.
• There is a state law that prohibits local municipalities from enacting such an ordinance.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item 11-189. Councilmember
Lusk seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, September 19, 2011
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2. Approval of an Ordinance to Adopt Amendments to the Fiscal 2011 Budget for Each Fund of the
City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures,
Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed
Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 11- 190)
ORDINANCE NO. 11-09-112
(First Presentation & First Public Hearing at September 7, 2011 Regular Council Meeting)
(Second Public Hearing at September 19, 2011 Regular Council Meeting)
(Stacey Inglis, Finance Director)
Stacey Inglis:
• The FYI amendments have been read into the record tonight.
• We have discussed amending the revenues by increasing them by $767,079.00 and increasing the
expenditures by $1,496,174.00
Motion and Vote: Councilmember Thurman moved to approve Agenda Item 11-190. Councilmember
Tart seconded the motion. The motion passed unanimously (7-0).
3. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the
Fiscal 2012 Budget for Each Fund of the City of Milton, Georgia, Appropriating the Amounts
Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations,
Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed
Actual Funding Available.
(Agenda Item No. ll- 191)
ORDINANCE NO. 11-09-113
(First Presentation & First Public Hearing at September 7, 2011 Regular Council Meeting)
(Second Public Hearing at September 19, 2011 Regular Council Meeting)
(Stacey Inglis, Finance Director)
Stacey Inglis:
• This FYI amendments have been read into the record tonight.
• We have discussed revenue appropriations at $17,390,380.00 with total expenditures at
$18,689,251.00.
• The gap between the two is made up by fund balance reserves of $1,298,871.00.
Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item 11-191.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
4. 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- 192)
ORDINANCE NO. 11-09-114
(First Presentation at September 7, 2011 Regular Council Meeting)
(Ken Jarrard, City Attorney)
Regular Meeting of the Milton City Council
Monday, September 19, 2011
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Ken Jarrard:
• This is a modification to the Chapter 11 ordinance.
• This modification has been previously looked at due to change in the Census data that allowed us
to collect an insurance premium fee.
• You all had adopted an ordinance that captured that change, however, we wanted to make sure
we captured the statutory subsection.
• We will make sure to have captured both modifications for this item.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item 11-192. Councilmember
Tart seconded the motion. The motion passed unanimously (7-0).
5. Approval of an Ordinance to Amend Chapter 48 - Streets, Sidewalks and Other Public Places,
Article III, Division 2 of the City of Milton Code of Ordinances for the Abandonment or
Acceptance of Public -Right -of -Way.
(Agenda Item No. 11- 193)
ORDINANCE NO. 11-09-115
(Discussed at May 9th and June 12th, 2011 Work Sessions)
(First Presentation at September 7, 2011 Regular Council Meeting)
(Carter Lucas, Public Works Director)
Carter Lucas:
• Tonight we are discussing a vision to our abandonment ordinance.
• I hope this document includes the comments that we received at previous work sessions as well
as staff recommendations for updates to the ordinance.
• In 2010, legislation changed the language which allowed municipalities to consider
abandonment of right of ways.
• We had to look if the abandonment of the right-of-way is in the best public interest.
• It allows the city to consider a few things including financial costs, considerations, public safety,
convenience, engineering and a few other items.
• Tonight, since we have discussed this on various occasions, I would go through the hand out that
you all have and highlight changes since our last discussion.
• An applicant will submit an initial application form.
• We will be bringing any application forward to the Council for approval or rejection of the
application.
• Approving the application will allow them to move forward with the application process.
• Denying the application denies it fully, and they will not be allowed to resubmit for a year.
City Attorney Jarrard:
• It is your right to do what is in the best interest of the public, regardless if it is an approval or
denial.
• If there is an allegation that we abused our discretion, we can challenge it in court.
Councilmember Zahner Bailey:
• Aside from the application, what would staff be providing on the proposed abandonment?
• I'm not sure that there is a reason that it needs to come to council first if it passes all of staff's
criteria.
Regular Meeting of the Milton City Council
Monday, September 19, 2011
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Carter Lucas:
• We will be looking if it meets the supporting criteria, but we will not have all of the supporting
documents to go with it.
Councilmember Longoria:
• The idea was to try and save the expense that the entity that makes the application would have to
go through in order to gather the data.
• If the council says yes, they get to make the decision on whether or not to move forward.
Councilmember Hewitt:
We will need to make it very clear to the applicant that if we approve their application, it only
means that they are able to move on to the next step of the process.
It doesn't mean it will be approved in the end.
Councilmember Thurman:
• I think us accepting the application is a good step.
• It will save the applicant money on the process if we don't approve it.
Councilmember Longoria:
• The idea of requiring 67% of a subdivision to agree to the abandonment before we will even talk
about, seems off to me.
• If we want to streamline this process, we need to lower the bar in terms of their ability to actually
apply.
Councilmember Tart:
• I am in favor of the check step.
• I would like to make sure that it is clear to the applicant that it doesn't mean that we will approve
or deny the final application based on our acceptance for the applicant to move forward.
Carter Lucas:
• In section four item K, the language says that the acceptance of the application by council does
not constitute final approval of the application or abandonment.
• We put it there to reaffirm that if it is accepted that they will approve it in the end.
Councilmember Lusk:
• I agree with what has been composed here.
• I would like to see more guidelines for this process.
Stuart Teague, 343 Dahlonega St., Cumming, GA:
• I am here representing the Crooked Creek Subdivision HOA.
• Crooked Creek has around 600 members.
• They are concerned if you place the petition requirement as part of the initial application process,
they would have to get the sign offs on the petition without any result as to what the result will
be.
• They are concerned that they will have to have multiple special meetings under their bylaws and
a process that would become very tortured in pursuing privatization without knowing if the
money spent on the meetings will be well spent.
Regular Meeting of the Milton City Council
Monday, September 19, 2011
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• A possible way to address this is to have the process be where the initial criteria is spelled out in
the ordinance.
• I would like to see the petition requirement taken out of the initial process and place it at the end
so that the resolution will be a resolution to abandon or privatize the road subject to meeting the
criteria of having to have 66% approval according to the bylaws.
• It would meet a lot of the concerns with the association as well as some of the concerns that have
been talked about by the city council.
• Due process will be protected by the process of abandonment.
• They are afraid if they get to the point where they spend the money and not knowing what the
result will be it could essentially be the end of the process.
Carter Lucas:
• The petition is not part of the initial application.
• The petition is not required until prior to the final public hearing.
• It allows the applicant to come forward and present the supporting documentation to make their
case.
• The way it is currently set up, is if you are not required to have 100% approval or if you do not
get 100% approval, then you are required to hold public hearings to hear this.
• Our thought was if there is less than 100% that are in favor, then we wanted to make sure that
they had the opportunity to come before you and speak their mind.
• If you get 100% approval, the second public hearing would be waived and all petitions and
documentation would be heard and reviewed prior to the one single public hearing.
• We tried to space the information so that you work your way through the process.
Councilmember Tart:
• I'm not hearing that the issue is the money that would have to be expended through the financial
assessment and the reserve study, I see the real issue being doing the footwork of the application.
• If I wanted to get my subdivision gated, I would get the application out and approved first.
Councilmember Thurman:
• To me, they shouldn't have to get all of the signatures until they know it has been approved.
• I don't know why it couldn't be a preliminary approval.
• It says if you have joint ownership of a property that both signatures are required, I don't think it
needs to be.
• There is a whole lot of property that has two names where the other person has died or been
divorced.
• I believe it needs to be signed for by one person that is on the title.
Carter Lucas:
• My concern with the petition is if you approve the abandonment without the petition, then I dont
know if the petition is relevant.
Councilmember Tart:
• I agree with Karen as well.
• The reason we want that percentage is because we want to know what the percentage of
homeowners would be willing to take on the extra dues.
Regular Meeting of the Milton City Council
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Pase 9 of 11
Councilmember Longoria:
• Who is going to take care of the road when it is privatized if there is no HOA?
• How would new homeowners be legally required to pay for the upkeep of the road if there was
no HOA?
• The HOA has a legal standing to make the decisions on behalf of its members.
• Its members help it decide what it can and can't do.
Mayor Lockwood:
I would like to see some direction with where we are going here.
Would we like to deny this item all together?
Would we like to support this item and make some changes?
Would we like to defer the item, rewrite it, and bring it back?
I would like someone to step forward with one of those items for us to take a vote.
Motion: Councilmember Thurman moved to approve Agenda Item 11-193 with the following changes:
3. The required approval percentage that the application be approved by the
council contingent upon the body meeting the requirements to show that they
are financially able, have the support of their homeowners and that they are
financially able to provide the upkeep on the property. I do not believe that it
is in the city's best interest that there is not somebody that is willing to upkeep
the property and at that time if we approve it contingent upon that and when
the required approval percentages are presented to us, then it comes back to us
on a Consent Agenda stating that approval has been met.
Second: Councilmember Tart seconded the motion.
Friendly Amendment: Joseph Longoria made the following friendly amendment:
1. To recognize that the HOA has legal standing as part of the changes that we
are making so there is specific language in here that says that the HOA
doesn't have standing. If we can change that to say that the HOA does have
standing, then I am good with the motion. It`s in "2(K)".
Removal of Second: Alan Tart removed his second motion with the recommendation of the following
changes to the initial motion:
1. Under Section 2 Procedure - (g) — Change "must" to "shall" in the first
sentence so that the sentence reads: "Prior to the initial public hearing on
abandonment, the Applicant shall provide documentation demonstrating
contact and coordination with pertinent emergency service providers, utility
providers, Fulton County Schools, and the Postmaster to ensure that said
services can be accommodated and that such vital public services will not be
significantly impaired."
2. Under Section 2 Procedure - (q) - Change "should" to "shall" in first and
third sentences so that the paragraph reads: "Any access control,
Regular Meeting of the Milton City Council
Monday, September 19, 2011
Page 10 of 11
such as a gate, that the property owner(s) wish to install shall conform in
design and construction to all relevant city standards, regulations,
and processes, and must meet emergency access requirements. All access
controls shall conform to city standards as if it was newly constructed. Recent
abandonment will not be accepted as a justification for any exemptions or
variances to these standards."
Second Motion: Councilmember Thurman made additions to her initial motion to include:
1. Alan Tart's changes in 2(g), and 2(q).
2. Additionally adding in 20) to strike out the sentence beginning in the third
line that states "On any lot with multiple owners wherein any joint owners
abstain, are non responsive, vote "no" or provide a response other than "yes"
such response will be considered a "no".
Second and Vote: Councilmember Tart seconded the restated motion. The motion passed unanimously
NEW BUSINESS
1. Approval of A Resolution To Adopt The Updated Fulton County Multi -Jurisdictional Hazard
Mitigation Plan.
(Agenda Item No. 11- 205)
RESOLUTION NO. 1-09-188
(Matt Marietta, Fire Marshal)
Matt Marietta:
• Federal regulations require local jurisdictions to have a mitigation plan that identifies the risks
that face a community and come up with a plan to address it.
• Ours is negotiated at the county level and was originally created in 2004.
• It is on a five year planning cycle and is reassessed every five years.
• In 2010 I participated in this process and had people meet with the staff and city to address
concerns.
• We need to get the local jurisdictions to adopt the mitigation plan to provide us with a path for
funding.
• This is a requirement for any type of grant funding or other federal grants.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item 11-205. Councilmember
Lusk seconded the motion. The motion passed unanimously (7-0).
DEFERRED TO OCTOBER 3, 2011 REGULAR COUNCIL MEETING
2. Approval of A Resolution Amending Resolution No. 11-05-176, A Resolution Appointing a
Member To The City Of Milton Design Review Board By Adding A Board Member For District
4.
(Agenda Item No. 11- 206)
(Councilmember Burt Hewitt)
Regular Meeting of the Milton City Council
Monday, September 19, 2011
Page 11 of 11
MAYOR AND COUNCIL REPORTS
STAFF REPORTS
EXECUTIVE SESSION
ADJOURNMENT
(Agenda Item No. 11-207)
Motion and Vote: Councilmember Zahner Bailey moved to adjourn the Regular Meeting at 8:11 p.m.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
Date Approved: October 17, 2011.
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Sudie AM Gordon, City Cle
Joe Lockw� ayor
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