HomeMy WebLinkAboutMinutes CC - 12/05/2011 - Reg Mins 12 05 11 (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, December 5, 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.
Official Meetings are audio recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on December 5,
2011, Mayor Lockwood presiding.
INVOCATION
Pastor Chris Crutchley, Director of Adult Ministries with Stone Creek Church, Milton, Georgia.
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. 11-262)
Motions Councilmember Thurman moved to approve the meeting agenda with the following changes:
Defer the Recognition of $3,500 Grant Funded by Milton Public Safety Fund
for a Stairmaster for the Milton Fire and Police Department Wellness Program
to the December 19, 2011 Meeting.
2. Under New Business, add a Resolution Authorizing the Distribution to the
Fulton County Board of Commissioners of Certain Correspondence Regarding
Northwest Fulton SSD Funds.
Second and Vote: Councilmember Zahner Bailey 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, December 5, 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.
Katie Makuch, 13990 Freemanville Rd., Milton, GA:
• My concern is the 20 acres that are next to our property owned by Mr. Richard Warnick.
• It is the final phase of Triple Crown.
• Over the last four years since Mr. Warnick has owned the property, it has been neglected.
• There is traffic going through that property and we have had two wrecks on our property.
• We are concerned about the vandalism in the home and we have had to contact the police
department.
• My husband and I came to complain about this issue, and the committee told his contractor that
once the LD permit was issued, they would have to shut down the dirt road.
• My husband and I have had a problem with having to take care of the property.
• Mr. Warnick is negligent about this property and told me to call the police.
• He said he didn't live anywhere near the property and couldn't take care of it.
• We are asking the committee to please find out if Harvey Road should be closed down or not.
CONSENT AGENDA
City Clerk Gordon read the Consent Agenda items:
1. Approval of the November 18, 2011 Special Called Meeting Council Minutes.
(Agenda Item No. 11- 263)
(Sudie Gordon, City Clerk)
2. Approval of the November 21, 2011 Regular Council Minutes.
(Agenda Item No. 11- 264)
(Sudie Gordon, City Clerk)
3. Approval of Financial Statements for the Period Ending March, 2011.
(Agenda Item No. 11- 265)
(Sudie Gordon, City Clerk)
4. Approval of Financial Status Report for Period 7- April, 2011.
(Agenda Item No. 11- 266)
(Sudie Gordon, City Clerk)
5. Approval of a Construction Services Agreement between Blount Construction Company, Inc.
and the City of Milton for Repairs to the Shoulder on Mountain Road.
(Agenda Item No. 11- 267)
(Carter Lucas, Public Works Director)
6. Approval of a Construction Services Agreement Addendum #1 between the City of Milton and
Georgia and Hames Residential Properties, LLC (DBA Direct Build) for Repairs to the Hopewell
House.
(Agenda Item No. 11- 268)
(Carter Lucas, Public Works Director)
7. Approval of a Task Order with Stantec Consulting Services, Inc. for Subsurface Utility
Engineering Septic Tank Location for Arnold Mill Road at New Providence Road.
(Agenda Item No. 11- 269)
(Carter Lucas, Public Works Director)
Regular Meeting of the Milton City Council
Monday, December 5, 2011
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8. Approval of the following Tats:
Name of Development
Action
Comments
Braeburn I
Revision
Change Address from 12230
to 12220
Braeburn I
Revision
Add Building 60 and 70
Braeburn II
Revision
Revise Property lines on Lots
2, 3, 5 and Common Area 4
Milton Preserve
Final Plat
Create 39 Lots
Farrow Estates
Minor Plat
Divide One Lot into Three
Wood Valley Estates
Revision
Revise Lot Lines on Lot 11
and 11 A
Crooked Creek Amenity
Area
Revision
Revise Right of Way for Road
Improvements
The Shops @ Windward
Village
Revision
Revise Lot Lines on Tract A
and D
(Agenda Item No. 11- 270)
(Kathleen Field, Community Development Director)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda Items.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS
DEFERRED TO DECEMBER 19, 2011 MEETING BY MOTIONAND VOTE
1, Recognition of $3,500 Grant Funded by Milton Public Safety Fund for a Stairmaster for
the Milton Fire and Police Department Wellness Program.
(Presented by Jan Fowler, President — Milton Public Safety Fund)
2. Recognition and Presentation of City of Milton "Five" Year Anniversary Service Award
Pins to: Mayor Joe Lockwood, Councilmember Julie Zahner Bailey, Councilmember
Bill Lusk, Councilmember Karen Thurman, Chris Lagerbloom, Robyn MacDonald, Jared
Erni and Roddy Motes.
(Presented by Mayor Joe Lockwood)
Mayor Lockwood presented the City of Milton "Five" Year Anniversary Service Award Pins.
FIRST PRESENTATION
ZM11-03 — 12792 Donegal Lane (Lot #39) Vickery Crest Subdivision — Gerald E. Hudgins
requests to modify Condition 3.a. of RZ05-135 to reduce the Minimum Rear Yard from 50 feet
to 10 feet along the west property line.
(Agenda Item No. 11- 271)
(Kathleen Field, Community Development Director)
Regular Meeting of the Milton City Council
Monday, December 5, 2011
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2. ZM11-04NC11-06 —Deerfield Green Subdivision — Redus Atlanta Housing, LLC
requests to modify the following conditions to read:
Id. Site development shall be substantially consistent with the rendering and
elevation submitted to the Fulton County Department of Environment and
Community Development on June 27, 2005 except for lots identified as
136 through 163 on the revised site plan submitted on November 24, 2009 to the
City of Milton Community Development Department (ZM09-03); 186 through
220 on the revised site plan submitted on November 3, 2011 to the City of Milton
Community Development Department. (RZ05-22)
It The minimum heated floor area for a townhouse unit shall be 2,000 square feet
except for those lots identified as 136 through 163 shall be a minimum heated
floor area of 1,850 square feet. All units shall have a rear entry 2 -car garage
except for those lots identified as 136 through 163 shall have a front entry 2 -car
garage per the revised site plan submitted on November 24, 2009 to the City of
Milton Community Development Department (ZM09-03); 186 through 220 shall
have a front entry 2- car garage and a minimum heated floor area of 1,850 square
feet per the revised site plan submitted on November 3, 2011 to the City of Milton
Community Development Department. (RZ05-22)
Ig. Units 136 throughl54 provide a minimum of a 20' setback from the back of
sidewalk to the garage door and Units 155 throughl63; 186 through 220 provide a
minimum of a 18 foot setback from the back of sidewalk to garage door; (RZ05-
22).
2a. To the revised site plan received by the City of Milton Community Development
Department on November 3, 2011. Said site plan is not conceptual; the developer
must strictly adhere to the site plan as submitted. Any changes to the site plan
must be approved by the Director of Community Development and must meet or
exceed the requirements of the Zoning Ordinance and these conditions. Unless
otherwise noted herein, compliance with all conditions shall be in place prior to
the issuance of the first Certificate of Occupancy. (RZ05-22)
To request the following 2 part concurrent variance to 1) To reduce the number of required
parking spaces from 18 spaces to 13 spaces for the amenity area (Section 64-1410); 2) To allow
the rear of town home units to exceed 25% cement siding for units 186 through 220 (Section 64-
1095 (p)).
(Agenda Item No. 11- 272)
(Kathleen Field, Community Development Director)
3. Approval of an Ordinance of the City of Milton, Georgia for Precious Metals Dealers.
(Agenda Item No. 11- 273)
(Ken Jarrard, City Attorney)
4. Approval of an Ordinance of the City of Milton, Georgia for Pawn Shops.
(Agenda Item No. 11- 274)
(Ken Jarrard, City Attorney)
Regular Meeting of the Milton City Council
Monday, December 5, 2011
Page 5 of 9
Motion and Vote: Councilmember Lusk moved to approve First Presentation items 11-271, 11-272,
11-273 and 11-274. Councilmember Tart seconded the motion. The motion passed unanimously (7-0).
PUBLIC HEARINGS (None)
ZONING AGENDA (None)
UNFINISHED BUSINESS
Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to
Amend Chapter 38 to Adopt the Personnel Policies of the City of Milton Outlined in
Chapter 38 as a Policy Resolution, rather than as an Ordinance Enactment.
(Agenda Item No. 11- 253)
ORDINANCE NO. 11-12-118
(First Presentation on November 21, 2011)
(Ken Jarrard, City Attorney)
City Manager Lagerbloom:
• When we first became a city, the personal policy manual was adopted by an ordinance.
• The ordinance has been difficult to get the changes that need to occur when managing a living
document when it requires two reads to be able to make those modifications.
• The action that you take tonight, if approved, will not change the language.
• It will change its format from being adopted by an ordinance to being adopted by a resolution.
Motion and Vote: Councilmember Dewitt moved to approve Agenda Item No. 11-253.
Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
2. Approval of an Ordinance to Ratify and Convert to Ordinance From a Prior Resolution of
the Council Regarding a Prepaid Wireless 9-1-1 Wireless Charge.
(Agenda Item No. 11- 254)
ORDINANCE NO. 11-12-119
(First Presentation on November 21, 2011)
(Ken Jarrard, City Attorney)
City Attorney Jarrard:
• This item was adopted by state law into resolution format which was appropriate at the time.
• Because of our municode requirements, we need to convert this resolution into ordinance format.
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 11-254.
Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).
Approval of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton
City Code,
(Agenda Item No. 11- 255)
ORDINANCE NO. 11-12-120
(First Presentation on November 21, 2011)
(Stacey Inglis, Finance Director)
Regular Meeting of the Milton City Council
Monday, December 5, 2011
Page 6 of 9
Peyton Jamison, 710 McCaus Lane, Milton, GA:
• My wife's business currently owns an establishment which has a brown bag license.
• In order to apply for a brown bag permit, you have to have a survey done to make sure you aren't
close to schools and churches which is approximately $600.00.
• A business applying for a brown bag permit will have much less gross income than one that
wants consumption on premises permit for wine and beer.
• 1 would like to ask that we lower the fee to $200.00.
• We believe that to be a reasonable price.
City Manager Lagerbloom:
• Anytime that we amend the fees in a code of ordinances, we bring forward this request for an
ordinance modification.
• Tonight we have three modifications in Appendix A.
• One of them deals with the brown bagging issue.
• We tried to be reasonable with the price and lower the cost to $200.00 for a fi lI year and $100.00
for a half year license.
• The other modifications is one to add in the $.75 fee on all prepaid wireless 9-1-1.
• The state will collect that revenue and will disperse it out based on population.
• We need to be eligible to receive that.
• The third part deals with media production permits.
• We have completed the requirements in the fast permitting process to be a film ready city.
• This would put in the Appendix A fees a low impact production fee proposed at $100.00 and
high impact fee at $250.00
• There will be a fee for any requests received less than the minimum processing time at $100.00 a
day.
• These fees are for permit only.
Councilmember Zahner Bailey:
• Is the $100.00 and $250.00 per day or is the $100.00 an initial fee and then an additional $100.00
a day?
City Manager Lagerbloom:
• This is a permit fee, not a per day fee.
Mayor Lockwood:
• If we pass it tonight we can always adjust it if we need to.
Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 11-255 as provided in our
packet with the following two changes:
1) For Brown Bagging under Chapter 4-26(a)(3) — Alcoholic Beverages, for a one-year
license the Fee would be $100.00;
2) The Prorated License Fee for Brown Bagging under 4-26(b) (one-half of full License
fee after July 1st) would be $50.00.
Second and Vote: Councilmember Thurman seconded the motion. The motion passed unanimously
(7-0).
Regular Meeting of the Milton City Council
Monday, December 5, 2011
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NEW BUSINESS
1. Approval of a Resolution Adopting the City of Milton 2012 City Council Regular
Meeting and Work Session Schedule.
(Agenda Item No. 11- 275)
RESOLUTION NO. 11-12-197
(Sudie Gordon, City Clerk)
City Clerk Gordon:
• Before you, you will find an updated version of the 2012 City Council Calendar.
• This updated version incorporates all of the Fulton County School Holidays.
• The closings for the school system for the latter half of 2012 were not available from the Fulton
County Board of Education at the time of your packet distribution.
• We are asking for the approval of this 2012 City Council Calendar.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 11-275. Councilmember
Longoria seconded the motion. The motion passed unanimously (7-0).
2. Approval of a Resolution Establishing a Charter Commission for the City of Milton,
Georgia.
(Agenda Item No. 11- 276)
RESOLUTION NO. 11-12-198
(Ken Jarrard, City Attorney)
City Attorney Jarrard:
• This is a proposed resolution to establish a Charter Commission.
• This is a Commission specifically anticipated to buy the City of Milton a Charter.
• The purpose is to receive input from elected officials of Milton as to those areas of the charter in
need of potential revision or adjustment.
• The Commission's job is to do a broad overview of the city and to give guidance on what is
working and what isn't.
• We have no choice under our Charter except to set up this Commission.
• We have worked hard to reach out to those that are required to make appointments to this
Charter Commission.
• Upon adoption of this resolution, you would be setting up the Milton Charter Commission this
evening.
• Paragraph (2) does provide that the Charter Commission does need to assemble for organization
purposes as soon as possible.
• With regards to the discussion of Substance of Charter related issues, the Council will be asking
that it not occur until January 15, 2011
• It would enable the Commission to assemble for organizational purposes.
• Delaying Substance work will allow time for Council to give input on subjects that you feel
needs to be reviewed.
• All members of the Charter Commission must reside in the City of Milton.
• Robert Meyers will serve on the Charter Commission as the Mayor's appointment.
• The City Council has appointed David Shannon.
• Each member of the Georgia House of Representatives and the Senate will also appoint an
individual.
Regular Meeting of the Milton City Council
Monday, December 5, 2011
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• Senator John Albers has appointed Ron Wallace.
• Representative Jan Jones has appointed Gordon Hunter.
• Senator David Shafer has appointed George Ragsdale.
• You also would appoint the City Manager to serve on the Charter Commission as an individual
to provide information and guidance.
• You will also have someone from my office to help with the procedural aspects of the
Commission.
• The Charter Commission must make their final recommendations by June 5, 2012.
Councilmember Lusk:
• How many meetings did you contemplate?
City Attorney Jarrard:
• The Commission will guide us on meeting dates.
• They will have as many or as few as they believe is necessary.
• I believe there will be no less than 6-10 meetings.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 11-276.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
ADDED UNDER APPROVAL OF MEETING AGENDA BY MOTIONAND VOTE
�. Appro`v'al of a Resoliitivn AutiiOriZiiig file DiStriviitiGii tG tiie Fuitol� COiiiity ioard Of
Commissioners of Certain Correspondence Regarding Northwest Fulton SSD Funds,
RESOLUTION NO. 11-12-199
(Chris Lagerbloom, City Manager Lagerbloom)
( itv Manncwr T.aaPrhlnnm-
• This item will officially state what we believe our City's position is with respect to these
unallocated special service district funds that remain in Fulton County.
• Commissioner Edwards brought forward a resolution trying to transfer those funds into the
General funds for a countywide purpose.
• I am bringing a letter forward that was prepared by our City Attorney that states our City's
official position stating that those funds should be dispersed to the city of Milton and will not be
transferred into the general fund of Fulton County for any purpose.
• This new resolution that Commissioner Pitts is bringing forward indicates that he would like
transfer out of the Special Service District into the General Fund for Northwest Fulton General
Funding Expenditure.
• This is occurring on Wednesday, and we need to take a position before then.
Councilmember Zahner Bailey:
• Will someone from Chris' office or Ken's office be there to deliver the letter personally to make
that point before the Commissioner?
City Manager Lagerbloom:
• I am working to figure out how to be there for the meeting.
• If you want someone to be there as part of your motion tonight if you do approve this, please also
request for a representative of staff to be there to speak on behalf of this body.
Regular Meeting of the Milton City Council
Monday, December 5, 2011
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Motion: Councilmember Zahner Bailey moved to approve A Resolution Authorizing the Distribution
to the Fulton County Board of Commissioners of Certain Correspondence Regarding Northwest Fulton
SSD Funds with the following conditions:
To include "At the discretion of our City Manager, Staff, or a representative
of the City of Milton" to be present at the Wednesday, December 7, 2011
meeting in addition to his dialogue with Commissioner Hausmann.
Second and Vote: Councilmember Tart seconded the motion. The motion passed unanimously (7-0).
MAYOR AND COUNCIL REPORTS
Councilmember Thurman:
• Mayor Pro Tem Hewitt performed in the City of Roswell's performance of The Nutcracker.
• He and his daughter participated in the play and they did a great job.
• I wanted to congratulate him in a great performance.
STAFF REPORTS
City Manager Lagerbloom:
• The Christmas tree lighting was a success.
• 1 want to thank John Rebar for such a great event.
• I hope everyone had a great Thanksgiving.
• I anticipate a longer work session next week with the discussion of the Charter Commission.
EXECUTIVE SESSION (None)
ADJOURNMENT
(Agenda Item No. 11-277)
Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 7:01 p.m.
Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (7-0).
Date Approved: December 19, 2011.
Sudie AM dordon, 6ty Clerk Joe Lockwoo , ayor
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