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HomeMy WebLinkAboutMinutes CC - 01/29/2018Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 1 of 22 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 January 29, 2018 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, GA CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Jamison, Councilmember Kunz, Councilmember Bentley, Councilmember Hewitt, Councilmember Longoria and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-022) Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following changes: • Move "Proclamation Recognizing 110th Birthday Celebration for Elsada Miriam Duncan, Evangelist" to after Approval of Meeting Agenda. Councilmember Mohrig seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 2 of 22 PUBLIC COMMENT The following individuals submitted a public comment card: Julie Zahner Bailey, 255 Hickory Flat Road, Milton, GA 30004 Tim Becker, 15625 Canterbury Chase, Milton, GA 30004 Carsten Thue Pederson, 3160 Chenery Drive, Milton, GA 30004 Scott Sawyer, 787 Quarterpath Lane, Milton, GA 30004 Wade Tucker, Milton, GA 30004 David Damiani, 935 Post Oak Close, Milton, GA 30004 Jason Cornell, 3195 Chenery Drive, Milton, GA 30004 Steve Winch, 2640 Grassview Drive, Milton, GA 30004 Bill Lusk, 1355 Summit Road, Milton, GA 30004 Tim Enloe, 13075 Bethany Road, Milton, GA 30004 Debbie Mooney, 12995 Bethany Road, Milton, GA 30004 Roger Bauer, 2020 Knightsbridge Way, Alpharetta, GA 30004 Scott Reece, 13685 Highway 9, Milton, GA 30004 CONSENT AGENDA Approval of the January 8, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-023) (Sudie Gordon, City Clerk) 2. Approval of an Agreement between the City of Milton and BIS Digital, Inc. for Court Recording Software and Equipment. (Agenda Item No. 18-024) (Brooke Lappin, Court Clerk) 3. Approval of a Grant Request for the Acquisition of a Second Police K-9. (Agenda Item No. 18-025) (Rich Austin, Police Chief) 4. Approval of a Renewal of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. (Agenda Item No. 18-026) (Jim Cregge, Parks and Recreation Director) 5. Approval for the Purchase of a Pierce Enforcer Engine -Pumper for Milton Fire -Rescue from Ten -8 Fire Equipment, Inc. (Agenda Item No. 18-027) (Robert Edgar, Fire Chie, fl Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 3 of 22 6. Approval of an Agreement between the City of Milton, Crabapple Merchant Association and Promotional Mojo Regarding Responsibilities and Obligations Related to the Co - Hosting of Rock for Rescues. (Agenda Item No. 18-028) (Courtney Spriggs, Community Outreach Manager) 7. Approval of a Memorandum of Understanding with the Firehouse Subs Foundation for the Management of the Bullet Resistant Vest Grant for Milton Fire -Rescue. RESOLUTION NO. 18-01-463 (Agenda Item No. 18-029) (Robert Edgar, Fire Chiefl Approval of a Professional Services Agreement between the City of Milton and Barge Design Solutions, Inc. for TSPLOST Batch 2 Design Services. (Agenda Item No. 18-030) (Sara Leaders, Transportation Engineer) 9. Approval of Change Order #1 to Provide Construction Inspection of FY17 Resurfacing and Reconstruction Project. (Agenda Item No. 18-031) (Sara Leaders, Transportation Engineer) 10. Approval of Change Order #1 for Construction Services Agreement for Milton Downtown Wayfinding Signage Project. (Agenda Item No. 18-032) (Kathleen Field, Community Development Director) 11. Approval of a Settlement Agreement with Comcast Cable Communications, LLC for Underpayment of Franchise Fees. (Agenda Item No. 18-033) (Stacey Inglis, Assistant City Manager) 12. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # Total Density lots Acres 1. Mark Brown Property Combo Combine 3 lots LL 998 & 1019 Plat into 1 Lot 22.75 .04 Lots / acre Arnold Mill & Ranchette / . tagenaa item ivo. 15-U34) (Melissa Branen, Plan Review Manager) Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda Items. Councilmember Mohrig seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 4 of 22 The following proclamation was moved to after Approval of Meeting Agenda hy Motion and Vote during Approval of Meeting Agenda. REPORTS AND PRESENTATIONS 1. Proclamation Recognizing 110th Birthday Celebration for Elsada Miriam Duncan, Evangelist. (Mayor Joe Lockwood) 2. Update from the City of Milton Cultural Arts Committee. (Sarah LaDart, Economic Development Manager) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 60 "Vegetation" to Delete "Vegetation" and Replace with "Tree Canopy Conservation Ordinance" of the City Code of Ordinances. (Agenda Item No. 18-035) (Discussed at City Council Work Session on November 13, 2017) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton City Code to Add Chapter 60 Vegetation. (Agenda Item No. 18-036) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Items. Councilmember Longoria seconded the motion. The motion passed (7-0). PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS Consideration of the Issuance of an Alcohol Beverage License to Au Pan Crepe, LLC. D/B/A Au Pan Crepe, 5310 Windward Pkwy, Suite E, Milton, Georgia 30004. (Agenda Item No. 18-037) (Bernadette Harvill, Finance Director) Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 5 of 22 Sarah LaDart, Economic Development Manager Au Pan Crepe has completed all of the appropriate paperwork and fees, etc. They are located on Windward Parkway in the location of the former Mambo Jumbo. They are requesting an Alcohol Beverage License. Staff recommends approval. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 18-037. Councilmember Mohrig seconded the motion. The motion passed (7-0). 2. Consideration of the Issuance of a Limited Alcohol Beverage License to Just for Giggles, 12635 Crabapple Road, Suite 250, Milton, Georgia 30004. (Agenda Item No. 18- 038) (Bernadette Harvill, Finance Director) Sarah LaDart, Economic Development Manager Just for Giggles is under new ownership. They are seeking the Limited Alcohol Beverage License for BYOB for their establishment. They have submitted all of the appropriate paperwork. Staff recommends approval. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 18-038. Councilmember Longoria seconded the motion. The motion passed (7-0). 3. Consideration of the Issuance of an Alcohol Beverage License & a Limited Alcohol Beverage License to Mugs on Milton, D/B/A Laurel & May Market, 12630 Crabapple Road, Suite 120, Milton, Georgia 30004. (Agenda Item No. 18- 039) (Bernadette Harvill, Finance Director) Sarah LaDart, Economic Development Manager Mugs on Milton has submitted the appropriate paperwork, however, they have withdrawn their application for the Limited Alcohol Beverage License allowing BYOB. They will, perhaps, seek that license in the future. For now, they are requesting an Alcohol Beverage License. All the appropriate paperwork has been submitted and staff recommends approval. Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 18-039 with the amendment of removing the Limited Alcohol Beverage License. Councilmember Kunz seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 6 of 22 PUBLIC HEARING 1. Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to Address the Recognition of Property Tax Revenues and for Other Purposes. (Agenda Item No. 18-010) (First Presentation at City Council Meeting on January 8, 2018) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager I spoke with you about this a few months ago regarding how we could reduce the future risk of property taxes being issued late by Fulton County. We have discussed a plan with our auditors and financial advisors and.,even with the credit rating agencies. We have spoken to all of our department heads and reviewed how all of our property taxes will be accounted for going forward. Currently, property taxes are accounted for at the end of our fiscal year, and, if they are late, there is a revenue shortfall. If we don't meet the revenue shortfall, then we dip into our fund balance. There is not a lot we can do about a revenue shortfall. We cannot, at the end of a fiscal year, stop expenditures because they are already occurring. However, we can delay an operating transfer to the capital projects fund. This will require us to delay some capital projects but we will catch up during the next fiscal year. Instead of operating this way going forward, we have decided to change from recognizing revenue from property taxes at the end of a fiscal year, to recognizing them at the beginning of the next fiscal year. This would allow us to properly address any revenue shortfalls, if there ever were any due to Fulton County submitting late assessments. We would then be looking at the beginning of a fiscal year for revenues and looking at the remaining part of the year for adjusting expenditures accordingly. So, tonight we are proposing a change to how we do business and the futureof the city. We received tax assessments from Fulton County three months later than we were supposed to. So, we looked at this as an opportunity to change our procedures and prevent something like this from affecting the way we do business. We will have to "tighten our belts" for about a year. We will have to dip into our Fund Balance for fiscal year 2017. So, our Fund Balance at the end of the year will be about $3.1 million. Typically, our policy allows for it to be about $6.7 million but we will build our fund balance back up during fiscal year 2018. We will be delaying some capital projects and M&O initiatives that the department heads previously submitted. However, this is a temporary situation for fiscal year 2018. We should be back on track by fiscal year 2019. 2. Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to Address the Recognition of Property Tax Revenues. (Agenda Item No. 18-011) (First Presentation at City Council Meeting on January 8, 2018) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager The previous agenda item presentation addressed this consideration. If there are any additional questions, I will be happy to answer them. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 7 of 22 ZONING AGENDA Consideration of RZ17-09 Text Amendment to Article XIX — Crabapple Form Based Code, 4.9 as it Relates to Parking. ORDINANCE NO. 18-01-334 (Agenda Item No. 18-008) (First Presentation at the January 8, 2018 Regular Council Meeting) (Discussed at City Council Work Session on January 22, 2018) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Thank you. Good evening, Mayor and members of the City Council. As you know, we discussed this proposed text amendment at a previous work session. Tonight, staff is recommending to change the required parking from use based requirements (retail, office, restaurant, or residential integrated with mixed uses) to an overall average requirement of 3.5 spaces per 1,000 square feet. This will allow for a better design for the form based code developments and eliminate "over - parking" which we experience with our current parking requirements. The exceptions to this requirement are single family uses will still need to provide two parking spaces per unit and lodging uses which include hotels, motels, and bed and breakfasts will require one parking space per room. The proposed amendment also permits the Community Development Director to grant a 10 percent overall reduction in parking by Warrant. And, that is my presentation. Mayor Lockwood Are there any questions for Kathy? Councilmember Bentley I have a question. So, we have looked at other cities and we have derived that the 3.5 is slightly higher than the other cities. I appreciate the desire not to over park and limit impervious surfaces. I just want to make sure that in the future we have enough parking. So, are you comfortable with that buffer? Kathleen Field Yes, we erred on the more conservative side based on the parking requirements in other cities. I feel very comfortable with that amount. Councilmember Bentley On the single family uses, there are two spots per unit. Is there any allocation for visitor parking'? Did that get removed? Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 8 of 22 Kathleen Field That is not included in here and it was brought up during our discussion at the last meeting and we did bring forward the fact that the driveways for the garages are at least 20 feet in length and that would adequately fit an SUV or large vehicle. Councilmember Bentley Also, I see that you have the ability to reduce to the requirement. Could you ever foresee possibly wanting to increase it? I guess, my question is, as we go forward, how can we monitor how the 3.5 is going for us? What if you see that we are under parked? Kathleen Field That we are short? Well, we would certainly come back and ask for a modification to that; an amendment to the text again, if need be. So, we will clearly monitor this very closely. We do look at shared parking, for instance, where businesses during the day can be shared at night with residents. So, there are lots of give and take in terms of parking needs and we monitor this for every development that comes in. And, I do have that 10% warrant that I can give for a decrease in parking, but again, we are very judicious in terms of how we allocate that out. It is based on a case by case basis but we don't want to under park either so we try to strike that balance. Councilmember Jamison To Councilmember Bentley's point, let's say that Trader Joe's wants to come in, is there a way that you have to give them more parking as far as .... or do they have to go through the zoning code and we would have to change it? Can we give them more parking? Is there a cap on it? Or, is this just a minimum? Kathleen Field We would require 3.5 so what would happen if a restaurant or store or whatever came in, we would use the 3.5 per 1,000 to park that use. Councilmember Jamison So, if they needed 3.7.... Kathleen Field We could accommodate that. Mayor Lockwood It is a minimum. If the use we felt dictated more... Councilmember Jamison Okay. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 18-008. Councilmember Mohrig seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 9 of 22 2. Consideration of RZ17-10 Text Amendment to Article XX — Deerfield Form Based Code, 4.9 as it Relates to Parking. ORDINANCE NO. 18-01-335 (Agenda Item No. 18-009) (First Presentation at the January 8, 2018 Regular Council Meeting) (Discussed at City Council Work Session on January 22, 2018) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director This is the same language for Crabapple it just relates to the Deerfield Form Based Code area. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-009. Councilmember Kunz seconded the motion. The motion passed (7-0). UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to Address the Recognition of Property Tax Revenues and for Other Purposes. ORDINANCE NO. 18-01-336 (Agenda Item No. 18-010) (First Presentation at City Council Meeting on January 8, 2018) (Public Hearing at City Council Meeting on January 29, 2018) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-010. Councilmember Longoria seconded the motion. The motion passed (7-0). 2. Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to Address the Recognition of Property Tax Revenues. ORDINANCE NO. 18-01-337 (Agenda Item No. 18-011) (First Presentation at City Council Meeting on January 8, 2018) (Public Hearing at City Council Meeting on January 29, 2018) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 18-011. Councilmember Mohrig seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 10 of 22 City Attorney Jarrard I would like to advise the council of two points before we begin discussion of Agenda Item No. 18-040. I need to personally divide this issue in half regarding the presentation I am about to make. The first issue I want to raise to the council pertains to our internal rules. I feel very comfortable talking about our internal rules. I consulted with our City Clerk before the meeting and in addition to any public comments from individuals who are here at the meeting tonight, the clerk has as many as perhaps eight emails. Some of them have been requested to be read into the record. I want to say that our rules really do not speak to this. I will tell you that it is a grey area with respect to how we treat the public comments from individuals who are not here. In my experience, I can recall situations where we have allowed them to be read in verbatim. I have encountered situations where we have read their position but not the substance behind their position. We just read their name, address and their position (support or opposition) but did not read the content of it. And, candidly, I think it puts staff in a little bit of an awkward situation when this occurs to not have some certainty on what to do. So, we need to make a decision on how we are going to handle public comment from individuals who are not physically at the meeting. The council needs to determine how these comments will be handled and we need to stick to that rule every meeting going forward. Our internal rules do not speak to this so the council needs to establish a policy. In addition, when we get into the substance of Agenda Item No. 18- 040, I am going to recuse myself. The city retained separate counsel, Carothers, to provide an opinion so I will recuse myself from any discussion regarding sewer extension. Councilmember Longoria Just to make sure I understand which direction you are asking us to go. My understanding is that we are little ambiguous in terms of what we allow being read into the record from citizens who cannot be physically here at a meeting. And, in the past we have handled it several different ways. Sometimes we have read the emails directly so they become part of the record. Other times we have just said there were, for example, fifteen people who were in support and six people in opposition, or something to that affect. You want us to provide direction specifically for tonight's meeting and this particular agenda item. And, at some point in the future we need to amend our rules to be unambiguous when it comes to public comments from individuals who are not actually at the meeting. City Attorney Jarrard Yes, well stated. Councilmember Hewitt Are emails that are submitted but not read into the record; are they part of the record? City Attorney Jarrard They are by way of an open records request. I suspect our City Clerk includes those emails in the corresponding packet for the meeting. City Clerk Gordon They are digitally archived. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 11 of 22 Councilmember Longoria Whether or not something is part of the record or not part of the record, if correspondence is received by the city council within enough time before the meeting, I will speak for myself, I read the information and take the comments into account when I am making my decision. Mayor Lockwood So, Ken, you are suggesting that moving forward, the council needs to make a decision regarding public comments from individuals who are not present. Councilmember Longoria I suggest that we take public comment from individuals who are here at the meeting and we not require our City Clerk to read into the record any of the emails that have been received on this subject. I suggest we get a count of the number of emails indicating support or opposition. Councilmember Jamison I am fine with that going forward but if what we have always done in the past has been to maybe read them into the record or maybe not and individuals who sent emails today are expecting them to be read into the record tonight; I'm not sure about that. However, going forward, I am in support of Councilmember Longoria's suggestion. Councilmember Longoria We are in a position tonight that either decision we make, we are being inconsistent. Councilmember Bentley Tonight, I am in favor of reading into the record the correspondence in which the individuals asked to have their comments read into the record. Then, going forward we can pursue Councilmember Longoria's suggestion. Councilmember Mohrig I go along with Councilmember Jamison and Councilmember Bentley because we have not been consistent in the past. However, going forward I agree with Councilmember Longoria. The follo►ving Motion and Vote was added during the meeting: 1. Consideration of Allowing Public Comment Received via Email to be read into the Record as Name, Address and Position (Support or Opposition) only. Motion and Vote: Councilmember Longoria moved to approve allowing public comment received via email to be read into the record as name, address and position only. Councilmember Hewitt seconded the motion. The motion passed (4-3). Mayor Lockwood, Councilmember Jamison, and Councilmember Bentley were in opposition. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 12 of 22 City Attorney Jarrard I would like to suggest that the council bring back to another meeting with a modification of your entire rules and actually memorialize this so that everyone knows the exact procedure of how we will handle public comment when a person is not actually present at a meeting. Councilmember Bentley I would also like to suggest that we let our citizens know that as well. I think if we have been operating in this no man's 'land, then we need to make sure that they understand that we cannot read letters into the record. NEW BUSINESS City Attorney Ken Jarrard recused hintself from the following Agenda Item No. 18-040. 1. Request for Sewer Extension of 4 Lots Located Contiguous to the Manor Subdivision on Hamby Road. (Agenda Item No. 18-040) (Steve Krokoff, City Manager) Steve Krokoff, City Manager This item is in front of you tonight is pursuant to a letter received from Carson Developments, Inc. that specifically requests an extension of Forsyth County sewer for AG -1 lots and modification of the sewer service map between the City of Milton and Fulton County pursuant to the amended Sewer IGA between Fulton County and the City of Milton. I will now ask Mr. Carson to make his case. Mayor Joe Lockwood Let's hear public comment first. PUBLIC COMMENT Tim Becker, 15625 Canterbury Chase, Milton, GA 30004 First of all, I just think it is ridiculous that this is even on the agenda. Citizens have been very clear that they do not want sewer extended in Milton. Over 1,900 citizens signed a nine point petition for smart development that stated that they opposed and I quote, "Any and all sewer extensions beyond areas where sewer is already permitted." They further pledged to vote in elections against any councilmember that does not uphold the principles of this petition. Well, citizens fulfilled that pledge in the most recent election. Overwhelmingly voting 71 plus percent for the candidate who pledged not to extend sewer. I ask that council honor and respect the will of the citizens as expressed in that petition and then in the November elections and vote not to Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 13 of 22 extend sewer to the five lots that are not eligible for sewer. Second, we all know that the Manor sewer system has a checkered past. It has suffered from numerous financial and technical issues. The latest incident was the release of over 9,000 gallons of raw sewage into Chicken Creek. I know about this incident because I live on King Lake. I also own part of Chicken Creek. Coincident with this event, we had algae, huge globs of it throughout the whole lake for several weeks. At the Ebenezer rezoning, the resident in charge of the sewer system at the Manor spoke and he recited all the many issues with that sewer system. Forsyth County has actually banned community septic systems sighting multiple and serious technical issues. Some of these have been based on the events that have occurred at the sewer system for the Manor. The third point that I would like to make, is that extending sewer will set precedent. I know that the city attorney is going to say that it will not set precedent but we know that the city attorney has to say that to protect the city. Council needs to look long and broadly when it comes to these types of issues. We should not look at this issue in isolation. If we replicate this across Milton then we know that we are going to have a very different Milton than what we have today. So, precedent is very important. Fourth, the applicant is going to tell you that sewer cannot be extended beyond where it exists right now because Fulton County does not allow pumps, etc. I don't know if that is true or not, but even if it is true, it doesn't matter; Fulton County can change the rules at any time. So, maybe we can't extend it with the rules in place now but we don't know what is going to happen tomorrow. And, lastly, I would like to say that this is another example of a developer who has not done their due diligence. We have seen this over and over again. They buy land, they don't do their due diligence, and then they come to council hoping that council will fix their mistakes. Julie Zahner Bailey, 255 Hickory Flat Road, Milton, GA 30004 I am here this evening asking that you deny the request before you tonight under New Business, Agenda Item No. 18-040. I also ask that this letter that I will read and reference as well as the meeting minutes from August 11, 2008 be spread onto the record as official proceedings of this meeting. I am requesting that the lots that are going to be discussed this evening all be denied. At the minimum, I am asking that they be deferred until at least the meeting minutes from August 11, 2008 can be completely reviewed. I am not sure if the outside counsel that was hired to review this item actually reviewed the meeting minutes; items 1-11 pertaining to Agenda Item No. 08- 644 from August 11, 2008. And, I specifically reference item number 8 and 9; which states that "the authority granted by this motion shall only have application to the Manor subdivision as plated on the date that this motion is approved." Again, this references 2008. And, number 9 states that "sewer service shall be prohibited for any new lots that are platted or required as part of the expansion of the Manor Subdivision within the City of Milton occurring after the date that this motion is approved." And, again, as a matter of record, that motion was approved as of August 11, 2008. Many of you who are on the city council tonight were there as a part of that motion as well as myself. Sewer extension is an issue that has been vetted many times in the City of Milton. And, it is well known that the majority of citizens do not want sewer extended to any areas that are not allowed to have sewer. It remains unclear as to whether or not any of the proposed lots that are not currently part of the Manor Subdivision should be allowed sewer. Again, the language of the August 11, 2008 meeting needs to be reviewed in its entirety. At a minimum, lots 1-5 should not be allowed sewer because the letter from outside counsel makes reference to those lots indicating that they are not included in the IGA between Fulton County and the City of Milton. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 14 of 22 To do anything other than to deny sewer to these lots would be to extend sewer which is in direct violation to the comprehensive land use plan, as well as the IGA between Fulton County and the City of Milton. The following individuals submitted a public comment card in support: Steve Winch, 2640 Grassview Drive, Milton, GA 30004 Bill Lusk, 1355 Summit Road, Milton, GA 30004 Tim Enloe, 13075 Bethany Road, Milton, GA 30004 Debbie Mooney, 12995 Bethany Road, Milton, GA 30004 The following individuals submitted a public comment card in opposition: Carsten Thue Pederson, 3160 Chenery Drive, Milton, GA 30004 Scott Sawyer, 787 Quarterpath Lane, Milton, GA 30004 Wade Tucker, Milton, GA 30004 David Damiani, 935 Post Oak Close, Milton, GA 30004 Jason Cornell, 3195 Chenery Drive, Milton, GA 30004 Howard Carson, Carson Developments, Inc. 3082 East Shadowlawn Avenue Atlanta, GA 30305 I have been dealing with Mayors, City Councils and County Commissioners for 35 years. I have great respect for the very difficult decisions that you have to make. Because you have to keep in mind what is in the best interest of the city that you represent. What I have before you tonight, is proposal to reduce density and reduce the number of lots that I can develop on a piece of land I own. As the city attorney and outside counsel have found, and what I knew from the day that I bought the entire tract of land, I knew that the property that was a part of the Manor and remained part of the Manor was rightfully served by sewer. The picture in front of you shows the entire property that I bought 3-4 years ago. The area shaded in red was a part of the Manor. It is still a part of the Manor because the area shaded in grey within that tract is a restrictive covenant that JD Brooks put on that property to pay for his sins across the street. I knew when I bought the property that that part of the property was rightfully served by sewer and that right was confirmed by Forsyth County by letter, which has been provided to you. Had I wanted to, I could have run sewer throughout the red shaded area. And, I could have tried to serve the backs of the lots and reconfigured the part of the property that fronts on Thompson Road. I did not do that because I know the City of Milton would not want that. I have been around here a long time. I have owned land in the City of Milton for over 30 years. I have a respect for what the Milton citizens want. So, my business deal was the subdivision that fronts on Thompson Road. The part that I have left, which fronts on Hamby, is land that I am trying to do the right thing. Everybody here knows that sewer is the right answer for sewage disposal. No question about it. Anybody that tries to argue that some little 9,000 gallon spill in any way compares to the thousands of gallons of sewage that leaks from Milton septic tanks every day; every time it rains, 9,000 gallons is a rounding error. The state confirms it. I took a septic layout of this subdivision to the Fulton County Health Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 15 of 22 Department in 2016 and I want to read to you what they said in their rejection letter to me. I provided this letter to the city manager when I first asked to be considered to be put on an agenda. "Connection shall be made to a public or community sewage treatment system if such system is available within 200 feet of a property line or available in a public right-of-way abutting the property." Every lot that you will see in just a minute, is within 200 feet of a sewer line. The Fulton County Health Department will not give me septic tank permits for any of those lots. I am going to make a constitutional objection that should you not allow me to tie into sewer, you have effectively taken away my property rights because I cannot get a septic tank permit for that property. There is public sewer adjacent to and within the public right-of-way immediately across the street from my property. Now, we have an outside attorney confirming that the part of the property shaded in red has the right to sewer by Forsyth County. The next picture in front of you is what I can do with the property. I can develop ten AG -1 lots on the property without any council action. This plan meets the code of Milton. And, if you count those lots, there are ten lots. They would be AG -1 one -acre lots in the red area and I would still do the three lots off to the side on septic tanks. Even though we know that Fulton County will not permit those three lots to get septic tank permits. So, I can do ten lots but that is not the right thing to do with the property. I have made my money off of the big chunk of the property. I want to do the right thing. I understand what the Milton residents want; bigger lots, more space and a more rural feel. This would be less of that if I develop ten lots. The next picture in front of you now is an eight lot plan that has been reviewed by staff including your fire department. It is an eight lot plan doing those remaining three lots on septic tanks if I can get septic tank permits. So, I can do eight lots, with no action by the city council. The reason the City of Milton was created was to reduce density. I have been up in this area longer than most people. The spirit of not extending sewer was to reduce density. Lots 4, 5, 6, and 7 are compressed to fit within the Manor property. They will be narrow lots. They meet your code and are one -acre but will have a very different feel. I want to develop a spacious eight lot subdivision on 26 acres. A sewer line is located directly across the street from those three lots that are currently not allowed to have sewer. I do not have to install any new sewer lines. You are not correcting anything for me. I made a good business decision. I have already sold off the part that I wanted to and made money. I am asking you to do the right thing for your citizens who want lower density, fewer homes, and a better environment. Send the water back to the Chattahoochee River where it should be to begin with. Which is what Forsyth County does. They treat it and sent it back to the river or they use it to water golf courses. This is not setting a precedent. The Milton City Council has extended sewer many times in the past. Most importantly, if you do not let me tie into sewer, I am in a fix. I have the Fulton County Health Department telling me that I cannot get septic tank permits. If you tell me that I cannot tie into sewer, where do I go? What do I do? It takes away my constitutional right to use my property and rest assured, I will do what I have to, to protect my right to use my property. I have not mentioned this to any of you in the past because I don't want any of you to think that this is a threat, but I am in a real position of not having a solution. I am proposing to you a reduction in the number of lots that I can do. It is that simple. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 16 of 22 Councilmember Longoria I want to make sure that I understand that you are asking for access to sewer because you are not going to be given the opportunity to put in septic tanks for these parcels. Do you know if the parcels would support septic tank systems? Howard Carson Every plan that you have looked at is a fully engineered level 4 soil supported. From an engineering standpoint, they work. The reason I am asking for sewer is more than the fact that I don't have a septic tank option, but I can give your residents a better product. Councilmember Longoria It is one thing if you are -asking for sewer access because otherwise the property couldn't be developed. It is another thing to ask for sewer access because you are being denied any other way to develop the property because of Fulton County requirements. I have a little bit of a problem with that because Fulton County does not have sewer in that area; it is Forsyth County. I don't priderstand how Fulton County is weighing in on what you do with Forsyth County. That is confusing to me. I want to make sure that I understand that you could develop these lots the way you want with septic tanks but you are not going to be given the permit to do that from Fulton County. Howard Carson That is correct. I am trying to do the right thing. I would rather do eight really good lots than ten lots that are not as valuable. And, it is lower density which is what Milton citizens want. Mayor Joe Lockwood I thought we had looked at a similar situation like this before where if sewer was available for connection then Fulton County would not issue a septic tank permit. I thought this issue had come up before and we realized that was not the case. Does anyone know the answer to that? I would like clarification on that. City Manager Krokoff I believe this same issue came up during a rezoning and that was not the case. Mayor Joe Lockwood Mr. Carson, just to clarify, the part of your property that is shaded is legally obligated to have sewer from the Manor Subdivision. That was already decided and our outside city attorney confirmed it. But, there are three lots next to the shaded area that do not have sewer and do not legally have the right to sewer unless the council decides to allow it; but those could be put on septic. Councilmember Hewitt I am confused. I heard you say a couple of times that you can do ten. If you don't have the approval for the septic system, it sounds like you can't do anything except the five that are already there. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 17 of 22 Howard Carson I can certainly do the part of it that is sewer. Councilmember Hewitt But, you can't do ten. Howard Carson Unless I enforce my rights somehow. Councilmember Hewitt You can enforce those rights against Fulton County as well for not giving you septic permits. Howard Carson That would go wherever it went. Councilmember Hewitt I have a question for the City Manager. Do you know if the August 2008 minutes that were referred to in public comment earlier were reviewed by the outside attorney? City Manager Krokoff I would have to assume that in his legal search he uncovered them. I do not see anything in his decision that contradicted anything from the August 2008 decision. However, I cannot say for sure what Mr. Carothers looked at. Councilmember Hewitt Mr. Carson, the part of the 26 acres that is not buildable, the darker shading on the picture, what is that area? Howard Carson I do not know the answer to that because I sold some of it and it was originally about 12 of the 18 acres that I bought. But, when I sold off the piece that is now Tanglewood Preserve, some of that went with it. So, I do not know what portion I still own. Councilmember Longoria So, hypothetically, if we can give you permits to put septic tanks on these lots, would that be okay with you? Would that satisfy the problem? Howard Carson It only addresses part of the problem. It addresses the part about getting a permit so that I can build something, but it doesn't address the part that I am trying to give Milton a better product. I am trying to give bigger wider lots. If somehow you can give me septic tank permits for three lots, then I can do eight lots and compress the lot sizes, still stay an acre or above, and do my eight lots. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 18 of 22 Councilmember Longoria I think I am starting to hear that it is the configuration that you have to have in order to put septic tanks on the property to make it work. Can you get septic tanks on all the lots of the best plan that you have and want to use? Howard Carson I can get septic tanks on all of the lots that do not have some red shading in them. Councilmember Jamison The red shading is sewer, correct? Mayor Lockwood So, you are saying that you can get septic on three lots. Howard Carson That is correct. Councilmember Longoria I don't know if it would be intuitive of me, if I were reviewing this property, to go back and read minutes from 2008. That would not pop into my head as one of the things that I would need to do. Did we either give access to or include those minutes for our outside attorney to review? City Attorney Jarrard — I can answer that question because it is just regarding what information was provided. I do not think those minutes were provided to the attorney. Whether or not he looked at it; I don't know what he looked at other than what was provided to him. I agree with you. It would not have been intuitive to scour ten years of minutes. Councilmember Longoria I am all for doing the right thing and the right thing is complicated in a lot of cases. But, if we did not give our attorney, who we hired to give legal opinion, the direction to review all the necessary documentation, then the opinion is going to be incomplete. So, I have concerns about that. City Manager Krokoff I have the August 2008 minutes in front of me. The impact would not be that it would provide the applicant any more sewer, but less, and possibly have no access to it. Specifically, the item that was mentioned in public comment stated that, "Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date this motion is approved." Councilmember Bentley So, the attorney can date the exact time when this parcel was platted to the Manor? Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 19 of 22 City Manager Krokoff It was referred to in Exhibit A. That was one of the issues we had with this; determining exactly what Exhibit A was. This was not a neat and clean look back at documents. So, the first thing he had to determine was what was Exhibit A. The attorney came to the conclusion that Exhibit A was the original configuration of the Manor, which the southern piece off of Hamby Road, when it was platted, was not platted to be developed, but platted to be the package station for the Manor. Then, things changed and that ended up in Forsyth County. So, we were not sure what they did or did not have a right to. I even asked Mr. Carothers after he gave us his legal opinion, I told him that I understood that we can provide sewer but I wanted to know what are were obligated to do. He, in turn, said that we were obligated to do so. I cannot say that he ever reviewed the 2008 minutes. I have no idea if he took those minutes into account. Councilmember Mohrig Mr. Carson, when Mr. Carothers stated that you have a right to sewer in this area, how many lots, with a one acre minimum, was he referring to? Howard Carson I can do seven lots in that area. I could have done 10 or 12 if I had decided to run it up to the Thompson Road side. But, I can certainly do seven in that shaded area and leave three out. The plat that we are referring to that was approved by Fulton County in 2005 shows sewer under Hamby Road to serve my property. Councilmember Mohrig Steve, is that a correct number, seven one -acre lots? Has staff looked at that? City Manager Krokoff I cannot answer that question because I have not seen a site plan based on that and I don't know if the shaded area is seven acres. Councilmember Jamison From reading the legal opinion, it stated that sewer could be obtained for lots 1-4 and maybe 5 and it looks like the ten lot plan is sub -dividing. You are adding additional lots. Has the attorney said that the property can be sub -divided into as many lots as you want? Howard Carson I have not been provided the legal opinion. It was given to the city. But, as it was explained to me, your attorney said that any lot that was entirely within the Manor property that met your code could be served by sewer. And, on that ten lot plan, all of those lots are AG -1 compliant, have over an acre, and are within the Manor property. Councilmember Jamison I have a real big problem debating this issue without legal counsel here. Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pra Page 20 of 22 City Attorney Jarrard — I agree, Mr. Mayor. I know that the council is looking for legal counsel and you can tell that I am uncomfortable providing it which makes it very difficult for you to do your job. Council can make its own decision, but to Councilmember Jamison's point, you may want to defer this item so that Mr. Carothers can be here to answer your questions. Councilmember Bentley I agree as well, but I have a question. Why hasn't the council seen the ten lot plan? It is not in our packet. This is the first time we are seeing it. City Manager Krokoff I do not think that the ten lot plan was ever provided to staff. I received a copy of it but it wasn't from our staff. Councilmember Bentley Our staff has not looked at it to see that it is per our codes, ordinances, etc. Because, when you look at the flood plain and the proximity of the view shed, I question the ten lot plan. I question the eight lot; plan B. So, I would like to have our staff, as well as legal counsel, help us with this because I need to understand if the ten lots that we are being told can be built, in fact, can be built. City Manager Krokoff This is symptomatic of when plans change on the fly and staff is not included in the changes. Experts do not have a chance to truly evaluate the plans. I have larger versions of Mr. Carson's — Plan A, Plan B, and now what has become Plan C; the ten lot plan, with the overlay of the stream buffers and the mitigation area. Councilmember Bentley That is very important to me. I would like to understand what the mitigation area is and what is prohibited in that area. Mayor Lockwood In all fairness here, we have been told you can do ten lots, but that plan was not official in our packet. Perhaps, council would like for staff to review that plan as well as legal and see if that is even an option. At this point, you are proposing eight lots, so if we are now considering ten lots, then staff and legal counsel needs to have a chance to review the newly proposed plan. I would also like to clarify with Fulton County the statement that if sewer is within 200 feet of a property line then the property is required to tap into sewer. Motion and Vote: Councilmember Bentley moved to DEFER Agenda Item No. 18-040 to the February 21, 2018 Regular City Council Meeting. Councilmember Mohrig seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 21 of 22 2. Consideration of a Resolution of the Milton City Council to Re -Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. RESOLUTION NO. 18-01-464 (Agenda Item No. 18-041) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 18-041. Councilmember Kunz seconded the motion. The motion passed (7-0). 3. Consideration of a Settlement Agreement Related to BZA Secondary Variance V17-07 Regarding Appeal of Site Plan Approval for 12455 Broadwell Road. (Agenda Item No. 18-042) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 18-042. Councilmember Longoria seconded the motion. The motion passed (7-0). 4. Consideration of the following Subdivision Plats: Name of Development / Location Action Comments / # lots Total Acres Density 1. Annandelle Land Lot 383 Final Plat 25 Lots 33.255 .75 Lots / Acre Freemanville Road 2. Kensley Phase I Final Plat Land Lot 1049 Revision 29 Lots 7.689 3.77 Lots / Acre Webb Road kc1jL"a tlClll 1\u. to-u4J) (Melissa Branen, Plan Review Manager) Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 18-043. Councilmember Longoria seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, January 29, 2018 at 6:00 pm Page 22 of 22 MAYOR AND COUNCIL REPORTS Department Updates 1. Community Development 2. Police 3. Finance (deferred to a later date) Kathleen Field, Community Development Director We have received an application to rezone from T4 Open to T5 on 3.39 acres to construct a self - storage facility located on Webb Road. We have a use permit application that will be coming forward for your consideration for a private school located on Bethany Bend. There is an existing school there and they are hoping to expand. We have also received a use permit application to build 42 senior condominiums off of Birmingham Highway near the roundabout. The tree ordinance will be coming before you for consideration during the February 5th meeting. We will be bringing forward a text amendment to allow for office uses in the T4 zoning district of Crabapple. We are continuing to work on the Unified Development Code. Rich Austin, Police Chief During 2017, we were on target to complete the year with no increases in accidents, however, a little ice storm came through and we ended up with 14 more accidents than in 2016. However, with injury collisions we saw a 5% decrease overall and an 80% decrease in fatality collisions. We had a goal of reducing Part 1 crimes by 5% and we reduced them by 12%. That includes violent and property crime together. EXECUTIVE SESSION (f needed) ADJOURNMENT (Agenda Item No. 18-044) Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at 8:21 p.m. Councilmember Longoria seconded the motion. The motion passed (7-0). Date Approved: February 5, 2018 09WAN Sudie AM Gordon, CAty Clerk l Joe Lockwood, *Or