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HomeMy WebLinkAboutMinutes CC - 12/04/2017 - Regular Meeting MinutesRegular Meeting of the Milton City Council Monday, December 4, 2017 at 6:00 pm Page 1 of 10 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 and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on December 4, 2017 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for the City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, and Councilmember Longoria, and Councilmember Mohrig. Councilmember Mohrig arrived at 6:11 p.m. Councilmember Lusk arrived at 6:26 p.m. PLEDGE OF ALLEGIANCE ((Led by the Sons of the American Revolution) APPROVAL OF MEETING AGENDA (Agenda Item No. 17-299) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following change: • Move Agenda Item No. 17-307, Consideration of a Resolution Appointing the Chief Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter, to after Approval of Agenda. Councilmember Longoria seconded the motion. The motion passed (5-0). Councilmember Mohrig and Councilmember Lusk were absent for the vote. Regular Meeting of the Milton City Council Monday, December 4, 2017 at 6:00 pm Page 2 of 10 PUBLIC COMMENT The following individuals submitted a public comment card: Rose Prestianni, 105 Providence Oaks Pointe, Milton, GA 30004 Brad Serff, 15190 Highgrove Road, Milton, GA 30004 Michael Martin, 1820 Highgrove Club Drive, Milton, GA 30004 Terre O'Brien, 2535 Bethany Church Road, Milton, GA 30004 Steve Tipton, 920 Autumn Close, Milton, GA 30004 Bob Volz, 15210 Highgrove Road, Milton, GA 30004 Bill Bryant, 1740 Highgrove Club Drive, Milton, GA 30004 Brian Busch, 1425 Birmingham Road, Milton, GA 30004 James Brackett, 380 Eagles Pass, Alpharetta, GA 30004 Leslie Harper, 1490 Louis Road, Milton, GA 30004 Scott Sawyer, 787 Quarterpath Lane, Milton, GA 30004 Colt Whittall, 2005 Drummond Pond Road, Milton, GA 30004 Stephen Mayo, 15290 Highgrove Road, Milton, GA 30004 Richard Euler, 15200 Highgrove Road, Milton, GA 30004 Bruce Turyansky, 1850 Highgrove Club Drive, Milton, GA 30004 Nancy Volz, 15210 Highgrove Road, Milton, GA 30004 Linda Weeks, 15220 Highgrove Road, Milton, GA 30004 David Weeks, 15220 Highgrove Road, Milton, GA 30004 Debbie Murphy, 440 North Valley Creek Court, Milton, GA 30004 CONSENT AGENDA 1. Approval of the November 20, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-300) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending October 2017. (Agenda Item No. 17-301) (Bernadette Harvill, Finance Director) 3. Approval of an Enterprise License Agreement with Environmental Systems Research Institute, Inc. (ESRI) for Geographic Information Systems Software. (Agenda Item No. 17-302) (Alicia Newberry, GIS Manager) 4. Approval of a Resolution to Provide Cancer and Long-term Disability Coverage to Certified Firefighting Personnel through the Georgia Interlocal Risk Management Agency (GIRMA) in Compliance with HB 146. RESOLUTION NO. 17-12-452 (Agenda Item No. 17-303) (Sam Trager, Human Resources Director) Regular Meeting of the Milton City Council Monday, December 4, 2017 at 6:00 pm Page 3 of 10 Motion and Vote: Councilmember Kunz Councilmember Longoria seconded the motion was absent for the vote. REPORTS AND PRESENTATIONS moved to approve the Consent Agenda Items. . The motion passed (6-0). Councilmember Lusk 1. Recognition and Presentation of City of Milton "Ten" Year Anniversary Pins to: Mark Aral, Clay Barnette, Charles Barstow, Jason Baswell, Shane Black, Tyson Blake, John Borsey, Jason Cantrell, Jeanette Citta, John Cunningham, John Dancsecs, Danny Elliott, Matt Fallstrom, Tim Farnell, Johnny Gomez, Brian Hansford, James Hickerson, Roth Hutcheson, Stacey Inglis, Ryan James, Angie Kapijimpanga, Sara Leaders, Matt Marietta, Augie Mascioli, Shawn McCarty, Honor Motes, Tyler Nicholson, Don Patterson, Josh Payne, Angela Rambeau, Chris Seay, Fran Shoenthal, Mark Slyman III, Danny Snyder, Mark Stephens, Chad Sweeting, Chad Taylor, Kim Trawick, Russ Womack, and Scott Wright. Retirees: Bill Bourn, Greg Foster, Bill Garrett, John Huey, Jeff Humphrey, Mike Melson, Thomas Mickens, and Jimmy Sanders. (Presented by Mayor Joe Lockwood) 2. Recognition and Presentation of City of Milton "Five" Year Anniversary Pins to: Khalil Bouziane, Marc Brown, Richard Bushman, Jim Cregge, Scott Harrell, Bernadette Harvill, Matt Kunz, Wendy Lee, David Little, Dawn Serff, and Susan Wilmath. (Presented by Mayor Joe Lockwood) FIRST PRESENTATION 1. Consideration of RZ17-11 Text Amendment to Article XX — Deerfield Form Based Code, Table 10: Specific Function and Use Regarding the T-6 Transect Zone. (Agenda Item No. 17-304) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to approve the First Presentation Item. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, December 4, 2017 at 6:00 pm Page 4 of 10 PUBLIC HEARING (None) ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton Authorizing A Pre -Application for a Recreation Trails Program Grant with the Department of Natural Resources. RESOLUTION NO. 17-12-453 (Agenda Item No. 17-305) (Jim Cregge, Parks and Recreation Director) Jim Cregge, Parks and Recreation Director This is a resolution seeking the permission for staff to submit a pre -application grant to the Department of Natural Resources. We are applying for a grant of $200,000 which will be applied to a trails project at Providence Park. It is a 20% match so it is a total of $250,000 of which $50,000 would come from the city. The funding is available in the budget in the Capital Improvement Plan for overall parks improvement. With your approval, we will submit this application by December 31, 2017. It is a two-year application cycle. If we do not apply at this time, we will not be able to apply for another two years. Once the funds are applied to build the trail, the trail must stay in perpetuity. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-305. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 2. Consideration of the following Subdivision Plat: Name of Development / Location Action Comments / # Total Density lots Acres 1. Park at Bethany Final LL 832 Plat 27 Lots 8.887 3.04 Lots / acre Bethany Bend Road (Agenda Item No. 17-306) (Melissa Branen, Plan Review Manager) Melissa Branen, Plan Review Manager The plat is located at Bethany Bend and Cogburn Road directly across the street from Cambridge High School. The site area is 8.887 acres with 27 detached lots and includes 4.2 acres of open space with a pond and some public open space. The entrance is off of Bethany Bend and is to be Regular Meeting of the Milton City Council Monday, December 4, 2017 at 6:00 pm Page 5of10 private. One feature of this development is a 130 foot wide open space. There is also a 10 foot wide sidewalk that runs along Cogburn and all the way down Bethany Bend. There is a mail kiosk with on street parking. The entire project is curb and gutter so it has storm structures that run to the pond. It also includes some very nice plantings. Councilmember Lusk When was this initially approved for rezoning? Robyn MacDonald, Zoning Manager 2013 Councilmember Lusk And, this is the third proposal that has come forth on this property? Robyn MacDonald Yes. It was proposed as a church, then the current developer asked for an assisted living facility, then withdrew it and has now brought forth this development. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 17-306. Councilmember Kunz seconded the motion. The motion passed (5-1). Councilmember Thurman recused herself from the vote. Councilmember Hewitt was in opposition. The following Agenda Item No. 17-307 was moved by Motion and Vote to after Approval of Agenda. 3. Consideration of a Resolution Appointing the Chief Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter. RESOLUTION NO. 17-12-454 (Agenda Item No. 17-307) (Mayor Joe Lockwood) Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-307 appointing Brian A. Hansford as Chief Judge of the Municipal Court for the City of Milton. Councilmember Longoria seconded the motion. The motion passed (5-0). Councilmember Mohrig and Councilmember Lusk were absent for the vote. Regular Meeting of the Milton City Council Monday; December 4, 2017 at 6:00 pm Page 6 of 10 4. Consideration of a Land Acquisition Agreement between the City of Milton, Georgia and Triumph Golf, LLC related to the Purchase of the Milton Country Club, Tax Parcels: 22 440005280716 (16.80 acres), 22 441006000798 (31.34 acres), 22 457006010140 (11.60 acres), 22 456005290240 (16,50 acres), 22 442006720328 (56.00 acres), 22 441006250740 (4.85 acres), for $5,000,000.00. (Agenda Item No. 17-308) (Steve Krokgf f,' Cit) Manager) Mayor Joe Lockwood I want to thank everyone who is here tonight and especially those who spoke. We have received a lot of good feedback and questions. A few weeks ago, our Greenspace Committee approached us with this proposal. We are really excited because it made sense for what our citizens want based on surveys, questiomiaires, and the overall goal of protecting greenspace in the city. There was no intent on the part of the city to work a behind the scene deal or whatever. This was brought to us as an opportunity. From what I understand, the sellers were going to sell it and had other options. We had comments from people saying just tokeepit a golf course or country club. I do not believe that is an option because the seller's intention is to parcel the land off for a developer to build homes and possibly sell the building for private venues. I believe that is the direction they were going so the opportunity presented itself to the city. Tonight we are looking at putting the land under contract which will then give us the opportunity to conduct due diligence and obtain an appraisal. City Attorney Jarrard First of all, the property is not under contract with the city. This opportunity came to the city council with a time sensitive agenda. The legalities of this opportunity have occurred precisely as the law anticipates. This opportunity came to the city council through the Greenspace Committee and then was discussed with the council and the committee during an Executive Session to determine if there was an interest in pursuing it. This opportunity has occurred at an accelerated rate due to the time constraints incurred. The law anticipates that the city council can discuss it in Executive Session but before anything binding can be done, it has to be discussed during a city council meeting and presented to the public. The entity that is indicated on the documents is Triumph Golf, LLC. However, Triumph Golf,,. LLC has formed another company that is now called Milton Interests, LLC. Triumph Golf, LLC is a Texas corporation and Milton Interests, LLC is a Georgia corporation in which Triumph Golf, LLC is the organizer of that entity. The seller listed on the contract in front of you is Milton Interests, LLC. The acquisition price is $5 million. The due diligence period will go through December 15, 2017. By then, we should have an appraisal, survey, title commitments, and title insurance completed. If you approve this contract tonight, we would have until the close of business on December 15th to get out of the contract without any loss of money. The earnest money the city will pay if it enters into this contract is $100,000. After December 151h the city will lose the earnest money if it decides to back out of the contract. The anticipated closing date is January 15, 2018. In addition, I would like to clarify a mistake I made on the agenda. The parcel containing 31.34 acres, the parcel number is incorrect on the agenda but is correct on the contract. Regular Meeting of the Milton City Council Monday, December 4, 2017 at 6:00 pm Page 7 of 10 Mayor Lockwood I would like to address the timing of this transaction. It would be nice if we had six months to conduct due diligence. Also, the comments we received regarding the price. From what I understand, there was a package deal where they bought two golf courses and then the seller decided to sell this property. Regardless of whether they bought it for apenny and sold it for $200; we have to make sure we are being good stewards of taxpayer money. We need to ensure that the city gets the best value that we can. If it doesn't appraise for the amount the contract states, then we would certainly re -think the transaction. Steve, could you please address why the timeline is so quick. City Manager Krokoff I don't know what the connection may be between the Milton Country Club and what is going on with Crooked Creek. However, one thing that they made very clear in our conversations is that if there is a connection it is very minimal and has nothing to do with the other. As far as the timeline, they are looking to flip this property. They do not want to operate a golf course. There was no intention for them to ever operate it as a golf course. This is information from conversations I had with both the agent and the owner of the company. There were two options for the outcome of this purchase. Either be sold to the highest bidder or the city. Those were the only two options. They described to me other offers that they had. They want this transaction to be a quick flip because they need the money from this sale to use elsewhere. So, they have been driving the timeline. They want to close in the first half of January. Mayor Lockwood From what we were told, they had other options. To sell to the city was not their only option. City Manager Krokoff I was told that there were two developers who wanted to go in together and potentially sell off the top piece. Mayor Lockwood We are working through this process. The first step is to put it under contract. If we purchase it, we will handle it like any other public process. We will gather public input to develop a plan for the land. Council ember 'Thurman Funds from the Greenspace Bond can only be used for passive parks and passive activity. So, any property that we purchase using greenspace bond money, would remain passive and be trails with walking, biking, and equestrian uses. It would be passive in perpetuity. City Manager Krokoff I am going to say that is a fair statement but I would also like for Ken to comment on that. Regular Meeting of the Milton City Council' Monday, December 4, 2017 at 6:00 pm Page 8 of 10 City Attorney Jarrard The greenspace bond has to be used for the purposes and intent that was set forth in the bond referendum. So, yes, the land has to be kept as greenspace, however, with most things in the law there is always the exception and that is that any government would have the right to convert that property to an active use. However, if the city does that, it has to replenish the greenspace bond fund to the same percentage that was used to purchase the portion of land that they want to convert. For example, if thecitywanted to convert 50% of the land to an active use, then the city would have to replenish the greenspace bond fund by 50% of the purchase price of the land. City Manager Krokoff So, if we wanted the land to remain a passive use into perpetuity then we could put easements on the land so that it could not be converted to an active use. Another option is that it could be held in a land trust to ensure that no one could turn it into a use that it was never intended for. There are several methods that we could use to ensure that the land remains passive. Councilmember Hewitt I think this is a great opportunity for our city. The residents that are directly affected will certainly get a voice in hove the property is pursued. I am in full support of this purchase. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 17-308 with the correction of the parcel number for the 31.34 acres. Councilmember: Kunz seconded the motion. The motion passed (6-0). Councilmember Longoria recused himself from the vote. Department Updates 1. Public Works 2. Fire 3. Human Resources 4. Community Outreach Regular Meeting of the Milton City Council Monday, December 4, 2017 at 6:00 pm Page 9 of 10 Carter Lucas, Assistant City Manager We are continuing to work on the Heritage Walk project and the roundabout at Crabapple Chase and Crabapple Road. We hoped to have it open by Thanksgiving and now it looks like it will be Christmastime before it is completed. At this time, they are not going to open the Heritage Walk portion of the project when the project is completed. They are concerned about the influx of traffic that will occur at the stop sign at Heritage Walk and 372 so they are going to have a three legged roundabout temporarily. The last phase of that project will be to add turn lanes at that intersection on three of the legs and the overall project completion is scheduled for June 2018. The Mayfield Road sidewalk project is scheduled to begin next week and we will only have westbound traffic moving in that area for about two months. We are currently in the acquisition phase of the roundabout at Providence and Freemanville. We are currently running at about 85% of the TSPLOST projected revenue. They are going back to Georgia State who originally projected the numbers to see if there could possibly be some revenue that has not been accounted for. We are still looking at the HopewellBethanys project. The numbers have changed since the original projection a few years ago so we are doing some additional modeling on that project. We are working on concept plans for Hopewell at Thompsons and Hopewell at Hamby. We are in the final process of selecting a contractor to provide those services for us. We are working with GDOT on the Greene at SR140 TSPLOST project as well as the Morris and Webb project. Bob Edgar, Fire Chief Since this is my last report for 2017, I would like to highlight a few of the accomplishments of our department. We have upgraded all of our radios. We are now 100% compatible with the North Fulton Radio System which means that multiple users can use one frequency. We have hired ten new employees. We have had promotions for four captains and one battalion chief. Our in-house paramedic program began this year and we expect completion of six new paramedics by February. We have acquired a search and rescue dog and she recently found a drowning victim at Lake Lanier. We have ordered our mobile fire training facility which is scheduled to be delivered in early January. We are second in the state for MDA collections. We collected almost $80,000 this year. Our CERT program started in early November and completion of the program will be in January and we will then have our first CERT team. Our community para medicine program officially kicked off on December 1st and we had three visits today and three more visits later this week. We had four people this year who were declared clinically dead and we were able to revive them and transport them to the hospital and all four of those individuals walked out of the hospital. Our call volume has increased by 7%. Our pancake breakfast is on Saturday and we hope you will join us. Regular Meeting of the Milton City Council Monday, December 4,.2017 at 6:00 pm Page 10 of 10 Sam Trager, Human Resources Director Earlier this evening, we gave out 40 ten year pins. Those employees have been with the city since 2007. That is a pretty impressive retention rate. We are doing our annual maintain don't gain challenge. The city was recognized by the Georgia Government Personnel Association and our Human Resources Department as Agency of the Year. This is the second time in four years that we have won this award. In order to achieve this award, we implemented paid maternity leave for our employees. We transitioned from a vacation and sick leave policy to a PTO policy. We made changes to our defined benefit plan. We also implemented a pay study and as of today we have only one vacancy in our police department and one in our fire department. We switched from Blue Cross Blue Shield to Cigna and saved the city from a 25% increase in health costs to only a 9% increase. Courtney Spriggs, Community Outreach Manager In September, we had Carvin In Crabapple. We launched our new event Rock for Rescues which received a very positive response. There will be a lot of fundraising initiatives related to this event from now until April when the actual event will be held. In November, we had our first Veterans Breakfast which was a huge success. Immediately following that was our Literary Festival which was very well attended. In December, we had Christmas in Crabapple and our annual Tree Lighting. Our partnership with the Crabapple Association is fantastic and these events are always very successful. I am working with Kathy Field on our Milton Museum. We want to make the lobby space in the upstairs of City Hall a place where people can come and learn about the history of Milton. ADJOURNMENT (Agenda Item No. 17-309) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 9:34 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Date Approved: December 18, 2017 L�-Alo? Sudie AM Gordon, City erk 41"-)/ 1 Joe Lock ayor