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HomeMy WebLinkAboutMinutes CC - 09/13/2017 - Special Called MeetingSpecial Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 1 of 11 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 September 13, 2017 at 6:00 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, and -- Councilmember Longoria. Councilmembers Absent: Councilmember Lusk and Councilmember Hewitt. Councilmember Mohrig arrived at 6:18 p.m. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 17-225) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (4-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Councilmember Mohrig was absent for the vote. PUBLIC COMMENT Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 2 of 11 CONSENT AGENDA 1. Approval of the August 21, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-226) (Sudie Gordon, City Clerk) 2. Approval of the August 28, 2017 Special Called City Council Meeting Minutes. (Agenda Item No. 17-227) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Lowe Engineers for City Engineer Services. (Agenda Item No. 17-228) (Carter Lucas, Assistant City Manager) 4. Approval of a Task Order to Provide Freemanville at Providence Right of Way Services. (Agenda Item No. 17-229) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for the Construction of Patio and Landscape Improvements for Fire Station 41. (Agenda Item No. 17-230) (Carter Lucas, Assistant City Manager) 6. Approval of Subdivision Plats and Revisions Approval. Name of Development / Location Action Comments / # lots Total Acres Densitv 1. 6 Freemanville, LLC LL 311 and 338 Minor 16070 Freemanv ille Plat 3 Lots 6.15 .48 Lot /acre Road Minor Move 2. Chick -til -a, Inc. Plat property line/ 1 1.125 N/A Lot (Agenda Item No. 17-231) (Kathleen Field, Community Development Director) 7. Approval of an Addendum between Fulton County, Georgia and the City of Milton, Georgia for the 2018-2020 Cooperation Agreement. (Agenda Item No. 17-232) (Steve Krokoff, City Manager) Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 3 of 11 Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (4-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Councilmember Mohrig was absent for the vote. REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Anuhya Tadepalli for Volunteer Service With Senior Citizens. (Councilmember Matt Kunz) Councilmember Mohrig arrived at 6:18 p.m. FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 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. 17-233) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2018 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. 17-234) (Discussed at the August 14, 2017 City Council Work Session) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Items. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 4 of 11 PUBLIC HEARING Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2018 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. 17-234) (Discussed at the August 14, 2017 City Council Work Session) (First Presentation at the September 11, 2017 City Council Meeting) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager Right now, our revenues and expenditures are balanced for the general fund. Revenues and expenditures amount to $31,815,240.00. The most significant change from the documents that were presented to you on August 14, 2017 is the change in the revenue for property taxes. There is a $200,000 increase in revenues. I have spoken to the Fulton County Tax Commissioners office and received hopeful news that they plan to bill at the end of this month; therefore, we should receive our tax digest at the end of the month. We should be able to bill by mid-October. That is about two weeks earlier than what we had anticipated. We should have a higher rate of revenues for 2017 and a portion of it will go into 2018, but in looking at the tax digest I received, it looks like we will have higher than anctipated revenues because of newly improved properties in Milton. The revenues are based on the 4.731 millage rate which is the same millage rate we have had since the incorporation of the city. ZONING AGENDA (None) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 20 of the City Code - Noise Control. ORDINANCE NO. 17-09-327 (Agenda Item No. 17-170) (First Presentation at July 10, 2017 Regular City Council Meeting) (Deferred at August 7, 2017 City Council Meeting) (Kathleen Field, Community Development Director) Robyn MacDonald, Zoning Manager We have tried to address most of your concerns since the deferral of this item at the August 7, 2017 meeting. We have also had additional legal review. The following are items that have been changed based on discussions with you as well as the city attorney. Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 5 of 11 On page 2, we created a definition for loud and unreasonable noise which gives an overall level of acceptance of noise. At the bottom of page two, we amended Section 20-659 with a new title which is, "activities permitted that produce sound impacting residential life." On page 3, one of the councilmembers requested that we revise the table to make it more user- friendly and easier to read so we have made changes to that. We also separated commercial and non-commercial uses. As you look at the table, the first item on the left is "operation of construction machinery by commercial users." Then you look across the table and see when they are permitted to be used. Previously, the table stated when they could not be used, so this is easier to understand. The next item is lawn maintenance and garage machinery by commercial users. This is allowed 7:30 am to sunset; Monday through Friday; and Saturday, 9:00 am to sunset. In addition, we do not allow Sunday operations and federal holidays are 9:00 am to sunset. Then we address individuals on residential property; the operation of construction machinery or garage machinery which registers more than 65 dba; which is a decrease from the previous version, at the nearest complainant's property line. The only time this is allowed is between 7:30 am and 7:30 pm Monday through Friday and on Saturday 9:00 am to 6:00 pm; Sunday 9:00 am to 6:00 pm and also allowed on federal holidays, 9:00 am to 6:00 pm. The next line is operation of lawn maintenance machinery by individuals on their residential property. The only time this is allowed is between 7:30 am to sunset Monday through Friday and on Saturday 9:00 am to sunset; Sunday 9:00 am to sunset and also allowed on federal holidays, 9:00 am to sunset. The last category is the operation of waste haulers which is consistent with the ordinance that pertains to how they are operated. They are allowed to operate Monday through Sunday. In addition, activities conducted on public playgrounds or private school grounds which are conducted in accordance with the manner of which such spaces are generally used, including but not limited to, school athletic and school entertainment events up to 12:00 midnight. Another category consists of amplified sound produced within all zoning districts which impacts residential life. There is not any allowance higher than 65 dba in this category. Also, staff is willing to encourage mediation between two parties regarding noise complaints and we can direct them to Fulton County Superior Court which provides that service. Councilmember Longoria Did we go up in total dba allowance in any of the categories? Robyn MacDonald No, we actually went down to 65 dba. Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 6 of 11 Councilmember Longoria To clarify, if there is ever a conflict between a special use permit and the noise ordinance, the noise ordinance prevails, correct? Robyn MacDonald Correct. Councilmember Thurman I think we need to modify the times regarding commercial uses creating noise for golf courses. I live on a golf course and they are blowing off the course as early as 7:00 am. The ordinance states 7:30 Monday through Friday and 9:00 am on Saturday. Mayor Lockwood Perhaps we could state that golf courses and equestrian facilities are at the discretion of the Community Development Director. City Attorney Jarrard I suggest you add language which states, in the event there is a conflict between this ordinance and any other provision of the Milton code, the more restrictive noise -based performance standard shall control; except, in the event there is a special use permit containing a noise -based performance standard, the standard in that special use permit shall control. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 17-170 with the following modifications: • In the event there is a conflict between this Ordinance and any other provision of the Milton code, the more restrictive noise -based performance standard shall control; except, in the event there is a special use permit containing a noise -based performance standard, the standard in that special use permit shall control. The footnote for commercial lawn maintenance (for Saturdays, Sundays, and federal holidays) should contain the following: • The Director shall have the discretion to authorize an administrative variance for golf and equestrian uses to adjust the start and stop times, on a case by case basis, if the Director believes that such variance is in the best interest of the user and affected property owners and as otherwise authorized by Sec. 20-667. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 7 of 11 2. Consideration of an Ordinance to Amend Chapter 50, Subdivisions of the City Code, Section 50-186(f), Construction Activities Restricted to Certain Hours. (Agenda Item No. 17-216) (First Presentation at August 21, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) Robyn MacDonald, Zoning Manager There was some discussion during the previous meeting regarding construction time limitations so based on council's direction, staff has proposed a new ordinance. There are two different locations this information would be found; Section 50 which is subdivisions and also Section 10 which is in regards to buildings and building regulations. So, staff has added the following language: It shall be unlawful for any person to engage in or conduct any activity in the construction of any building or structure, the moving of earth, or the laying of any pavement, including, but not limited to, the making of any excavation, clearing or grading of surface land, and loading or unloading material, equipment, or supplies, except between the hours of 7:30 a.m. and 7:30 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturday unless a permit for each work at different hours or days has first been issued by the Community Development Director. Applications for such permits shall be made in writing to the Community Development Director and shall state the name of the applicant, business address, the location of the proposed work, the reason for seeking a permit to do such work outside of the above stated days and times including Sunday and the estimated time of the proposed operation. No such special permit shall be issued except where the public health, safety or welfare will not be adversely affected by such issuance and where the applicant will be harmed by failure to perform the work at the times indicated. The foregoing provisions shall not apply to any person performing construction activity at his or her residence, but such persons are subject to the noise control ordinance set out in Sec. 20-659 of this Code. City Manager Krokoff This change came about because of some recent public comments we have received regarding construction trucks coming in and out of neighborhoods and the noise they are emitting. Councilmember Thurman This may need a little more work before we can approve this. City Attorney Jarrard I think you have captured the restrictions on construction noise in the above agenda item we just addressed. Mayor Lockwood I hope we are not creating unintended consequences to something that is not necessarily a widespread issue. Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 8 of 11 Motion and Vote: Councilmember Longoria moved to WITHDRAW Agenda Item No. 17-216. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. 3. Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations of the City Code, Section 10-97, Construction Activities Restricted to Certain Hours. (Agenda Item No. 17-217) (First Presentation at August 21, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to WITHDRAW Agenda Item No. 17-217. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. NEW BUSINESS 1. Consideration of a Conflict Waiver on Behalf of Jarrard & Davis, LLP to Represent the City of Milton and Forsyth County (as an interested party) in a Law Enforcement Mutual Aid Agreement with the Forsyth County Sheriff's Office. (Agenda Item No. 17-235) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-235. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. 2. Approval of a Contract with Bayne Development Group, LLC for the Provision of a Mobile Fire Training Facility for Milton Fire -Rescue. (Agenda Item No. 17-236) (Robert Edgar, Fire Chie, fl Robert Edgar, Fire Chief We are seeking your approval for a new mobile fire training facility for our fire department. This is a single container that is 40 feet long, 8 feet wide, and 8 %2 feet tall and sits on a trailer with wheels. It weighs about 38,000 pounds. It gives us the ability to practice firefighter training skills similar to what we can do at other training facilities that we do not have access to at this point. It has different props so we can set up different configurations to adapt to some of the different types of training that we want to do each day. It requires a 5th wheel tractor to move it to different Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 9 of 11 locations. We have consulted with United Towing and they will charge us a flat fee of $150 to move it to whatever location we want within the city limits. We need this facility because we do not have as many fires to fight anymore. We need to keep up our firefighting skills. Each firefighter is required to complete 240 hours of training each year and we do not have consistent access to a fire training facility in the area. This is part of our strategic plan and is also a part of our five year capital plan. We went out to bid and received four proposals and Bayne Development Group was the lowest bid at $165,000. It will be located at Station 43 in the back of the fire station in the rear gravel parking lot area. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-236. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. 3. Consideration of a Resolution of the City of Milton, Georgia Enacting an Emergency Moratorium to Bar Until October 17, 2017, the Acceptance of Applications for Concept Plan Approval and Applications for Issuance of Land Disturbance Permits for Residential Development of Property in the T-6 Transect Zone within the Deerfield Form Based Code District. RESOLUTION NO. 17-09-442 (Agenda Item No. 17-237) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director This is a request to enact a moratorium so we can have time to revise the zoning ordinance as it relates to the T6 Transect Zone which is a zone that is only in the Deerfield Form Based Code. It is our highest density zone. We are concerned that this high density zone allows residential use. Considering the fact that we made it our highest density, our expectation is that undeveloped sites would be developed at a much denser purpose than residential. And, it even allows single family. So, we would like the opportunity to re -look at the allowed uses as it relates to residential for this transect zone to consider the elimination of these residential uses. This is very similar to the previous moratorium that we put in place for Route 9 where we eliminated the residential uses because of an economic development point of view and this is exactly the same type of situation. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 17-237. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 10 of 11 MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Police 2. Fire 3. Public Works 4. Human Resources 5. Community Outreach Rich Austin, Police Chief Accidents are down by 8% or 42 accidents from this time last year. We are also down personal injury accidents by 18%. Crime overall is down by 11%. Property crime is down 11%. We have had a total of eight violent crimes this year. We conducted a teen pride driving class which was well attended. We also sponsored a car safety seat check. Bob Edgar, Fire Chief As we all know, Hurricane Irma destroyed Houston and over 300 firefighters in Houston have either severe damage to their homes or the complete total loss of their homes. So, the Georgia Fire Chiefs Association got together with the Texas Fire Marshal's office and created a plan. All of the metro Atlanta firefighters held a boot drive on Friday for the Houston firefighters that need help. We held our boot drive for two hours and raised nearly $7,000. Carter Lucas, Director of Public Works We are up to $552,000 in TSPLOST revenue. Overall, the TSPLOST program has collected slightly over $2 million. Our anticipated revenue was about $2.3 million so we are slowly getting back to where we anticipated being at this time. We had estimated about $550,000 per month for our projects. The two projects that are actively going on right now are the Crabapple Northeast Connector which is going to be the Charlotte Drive extension on the northeast side of Crabapple. That project is currently in survey and we are working toward community concept meetings. The other project we are working on is the Hopewell at Bethany intersection improvements. ,,We went through concept planning on this project a few years ago so we are updating the traffic models on those concepts and will bring forward updates toward the end of October. Our future projects are Hopewell at Thompson intersection improvement as well as Hopewell at Hamby. Special Called Meeting of the Milton City Council Wednesday, September 13, 2017 at 6:00 pm Page 11 of 11 Sam Trager, Human Resources Director For the past six weeks, I have been working on our health benefit plan for 2017-2018 and our open enrollment process. Blue Cross/Blue Shield quoted us a 25% increase over last year. So, we went to market and made a decision to change our health insurance to Cigna. This resulted in only a 9% increase in our health benefit plan. Courtney Spriggs, Community Outreach Manager Our summer concert, Beach Bash, was a huge success even with the rain we had a little over 1,000 attendees. We received a lot of positive feedback from the community and many citizens wanted us to do the same thing next year. We have changed our Veterans Day program to a Veterans Day breakfast. This will be held on Saturday, November l lt" and will be combined with our Literary Festival. In addition, we are combining Christmas in Crabapple with our Milton Christmas Tree lighting with a new tree at Broadwell. EXECUTIVE SESSION (rfneeded) ADJOURNMENT (Agenda Item No. 17-238) Motion and Vote: Councilmember Mohrig moved to adjourn the Special Called Meeting at 8:10 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmember Lusk and Councilmember Hewitt were absent from the meeting. Date Approved: October 2, 2017 Sudie AM Gordon City Clerk Joe Lockwo , M or No Text