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HomeMy WebLinkAboutMinutes CC - 11/07/2007 - Reg Mins 11 07 11 (Migrated from Optiview)Regular Meeting of the Milton City Council November 7, 2011 Pagel of 6 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 November 7, 2011, Mayor Joe Lockwood presiding. INVOCATION Community Minister Tass Welch, Community Christ 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. Councilmembers Present: Councilmember Thurman, Councilmember Zahner Bailey, Councilmember Lusk, Councilmember Hewitt, and Councilmember Tart. Councilmember Longoria was absent/excused. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 11-233) Motion: Councilmember Hewitt moved to approve the meeting agenda with the following changes: 1. Add Executive Session to discuss Land Acquisition and Pending Litigation. 2. Add a Proclamation recognizing Veterans Day under Reports and Presentations. Second and Vote: Councilmember Lusk seconded the motion. The motion passed unanimously (6 — 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. • 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. Regular Meeting of the Milton City Council November 7, 2011 Page 2 of 6 Patti Silva, 1685 Highgrove Club Drive, Milton, GA: • I am here to acknowledge the fifth year anniversary of a young man's passing here in the City of Milton. • This passing has immensely affected my family. • I would to like to ask at some point if we could make recognition of this young man and how he effected this community. • I wanted to say that I am honored to be recognized on a proclamation this evening. • We give a lot of time and energy in this community and I appreciate and honor the recognition tonight. • I have a dream for the city of Milton. • 1 know that there are a lot of hard times for people in this town who have put time and effort into creating this city and making our vision a reality. • There is something that has been lost within this community. • Tonight, I would like to encourage everyone to take a minute and recognize your neighbors and your community and make an effort to get to know each other so that we can build a more personal and friendly community. Sally Rich -Kolb, 808 Lakeshore Drive, Duluth, GA: • On behalf of the festival volunteers, we wish to thank you for your continued support for the crossroads at Crabapple Antique and Arts Festival for the past five years. • You have honored us tonight more than you will ever know. • Linda Blow would be so proud of what she started and what the volunteers have continued. • Our original charge was to create a unique, old fashioned festival, small in size, to reflect the historic character of Crabapple. • We are continuing this festival's traditions since 1969. • With your help in the years to come, our festival will only get better. • We will concentrate on bringing future residences and businesses to Milton. • Thank you for your help to give this gift to those who love the festival and thank you for honoring us with this proclamation tonight. CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: 1. Approval of the October 10, 2011 Work Session Minutes. (Agenda Item No. 11- 234) (Sudie Gordon, City Clerk) 2. Approval of the October 17, 2011 Regular Council Minutes. (Agenda Item No. 11- 235) (Sudie Gordon, City Clerk) 3. Approval of a Task Order with Stantec Consulting Services, Inc. for Environmental Services for Mayfield Road at Mid Broadwell Road Intersection. (Agenda Item No. 11- 236) (Carter Lucas, Public Works Director) Regular Meeting of the Milton City Council November 7, 2011 Paee 3 of 6 4. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for Sidewalk, Curb and Gutter Repair in the Brookshade and White Columns Subdivision. (Agenda Item No. 11- 237) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and BM&K, P.C. for Right of Way Services — SR 372 at Providence Road and SR 140 at New Providence Road. (Agenda Item No. 11- 238) (Carter Lucas, Public Works Director) 6. Approval of a Parks and Recreation License Agreement between the City of Milton and Overkill Volleyball, Inc. to Offer a Co -Ed Youth Volleyball Program. (Agenda Item No. 11- 239) (John Rebar, Parks and Recreation Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda Items. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent/excused from the meeting. REPORTS AND PRESENTATIONS Proclamation In Recognition of the Volunteers Who Made the 2011 Crossroads at Crabapple Antique and Art Festival a Success. (Presented by Councilmember Karen Thurman) Councilmember Thurman presented a Proclamation In Recognition of the Volunteers Who Made the 2011 Crossroads at Crabapple Antique and Art Festival a Success. ADDED i Y ..HOTION AND VOTE 2. Proclamation Recognizing Veterans Day (Presented by Councilmember Bill Lusk) Councilmember Lusk presented a Proclamation Recognizing Veterans Day to the Piedmont Chapter of the Sons of the American Revolution and VFW Post 12002. FIRST PRESENTATION 1. Approval of the Annual Re-enactment of the Ordinance Approving and Establishing the Regulation of Solid Waste Collection Services within the City of Milton, and Providing for the Scope and Nature of the Operation of Such Services. (Agenda Item No. 1.1- 240) (Matt Marietta, Fire Marshal) 2. U11-02NC11-04 —13280 New Providence Road Applicant: Inner Quest Church - A request to expand the existing 3,800 square foot church to add a new building consisting of an 8,320 square foot sanctuary for a total of 12,120 square feet within 2 buildings with a total of 224 seats. The applicant is also requesting a 4 part concurrent variance for the following: Regular Meeting of the Milton City Council November 7, 2011 Page 4 of 6 1) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line where the existing parking lot encroaches to a 25 foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b.)); 2) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along the north property line where the existing and proposed parking encroach to a 25 foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b)); 3) To allow a 5 over 12 roof pitch (64-1146(3)(a)); 4) To increase the front setback from 30 feet from the landscape strip to 250 feet (64- 1145(3) (b)). (Agenda Item No. 11- 241) (Kathleen Field, Community Development Director) 3. RZ-11-18 —To create Article VI, Division 26, of the Zoning Ordinance (Chapter 64 of the City Code) — H (Historic) District. (Agenda Item No. 11- 242) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Lusk moved to approve First Presentation items 11-240, 11-241, and 11-242. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). PUBLIC HEARINGS (None) ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Approval of a Resolution Amending Resolution No. 10-01-126, A Resolution Appointing A Board Member to the Design Review Board for District 3. (Agenda Item No. 11- 243) RESOLUTION No. 11-1.1-193 (Councilmember Bill Lusk) Councilmember Lusk: - • Five years ago we were asked to appoint members to the committees and commissions. • I would like to utilize our resources in the city, I would like to nominate Steve Check as my appointee to the Design Review Board and at the same time ask him to resign from the Construction Advisory Board. • Steve has been a resident of Milton for 10 years. • He has been married for 19 years, has two children, and he is a graduate of the western Michigan University and graduated in 1983 with a degree in Business Management. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 11-243. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Regular Meeting of the Milton City Council November 7, 2011 Paas 5 of h 2. Approval of a Professional Services Agreement between the City of Milton and Precision Planning, Inc. for Design Services Related to the Development of the Public Safety Facility on Highway 9. (Agenda Item No. 11- 244) (Carter Lucas, Public Works Director) Carter Lucas: • The city purchased five acres over on highway 9 for the purposes of the construction of our new Public Safety facility. • Over the past four months, staff has been working through a qualifications process to bring on an Architect to begin the design process for that facility. • I am pleased to present the contracts for those services. • Precision Planning was selected as the qualified Architect for those services. • We had 23 firms submit qualifications for this project. • We interviewed seven through that process. • Precision Planning put together an outstanding proposal and presentation through that process. • Staff is recommending approval of the professional services agreement with Precision Planning, Inc. for the construction administration of the new Public Safety facility. • We are excited to move forward with this project. Councilmember Lusk: • My company has worked on several projects with Precision Planning but we have never had any direct contract relationship. City Attorney Jarrard: • You do not get a recues based on that relationship. Councilmember Tart: • What is the timeline for this project? Carter Lucas: • We are anticipating that the planning portion will take about six to eight weeks depending on holidays and staff availability. • Construction will take roughly eighteen months. Councilmember Zahner Bailey: • I just want to stress the importance of the inclusion of the overlay documents as you look at the building plans. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 11-244. Councilmember Tart seconded the motion. The motion passed unanimously (6-0). Regular Meeting of the Milton City Council November 7, 2011 Paee 6 of 6 3. Approval of a Resolution Authorizing the Execution of Certain Easement Deeds and a Quitclaim Deed Regarding Properties Owned by the City of Milton, Georgia and the Fulton County Board of Education. (Agenda .Item No. 11- 245) RESOLUTION No. 11-14-194 (Ken Jarrard, City Attorney) City Attorney Jarrard: • I wanted to let you know that the item that was handed out to you is not the item in the books. • Part of this project will be dedication of some land owned by the City of Milton. • This resolution authorizes the exchange to the Board of Education for access easements. • This will authorize the City Manager to execute the quick claim deed. • I wanted the version you approved to reference the City Manager being able to execute documents. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 11-245. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS City Manager Lagerbloom: • The fire truck issue is handled. It is out of the creek and back at the station. TrYX7U --VCC'F"XT LALt. V 11 V lu The purpose of the Executive Session is to discuss Land Acquisition and Pending Litigation. Motion and Vote: Councilmember Lusk moved to adjourn to Executive Session to discuss Land Acquisition and Pending Litigation at 6:48 p.m. Councilmember Tart seconded the motion. The motion passed unanimously (6-0). RECONVENE: Councilmember Hewitt moved to reconvene the Regular Meeting at 7:25 p.m. Councilmember Tart seconded the motion. The motion passed unanimously (6-0). ADJOURNMENT (Agenda Item No. 11-246) Motion and Vote: Councilmember Thurman moved to adjourn the Regular Meeting at 7:26 p.m. Councilmember Tart seconded the motion. The motiSon passed unanimously (6-0). Date Approved: November 21, 2011. Sudie AM Gordon, City Oerk Joe Lockwood, ayor 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 November 7, 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 this 21St day of November, 2011. Notary Public My Commission Exp AM MAYOR JOE LOC kWOOD p4a#R■�f %� � »�Q � k # 5. yz$�� ' � , �: -.�`� - ,`� � : . .� . � .� / �. , / � $ �// \ � 2 �- , . ` ��~ `®: 6TH }/� .