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HomeMy WebLinkAboutMinutes CC - 04/09/2012 - MIN 04 09 12 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, April 9, 2012 at 6:00 pm Page 1 of 6 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on April 9, 2012 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jason Howard, Adult Ministries, Stonecreek Church, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Karen Thurman, Councilmember Matt Kunz, Councilmember Bill Lusk, Councilmember Joe Longoria, Councilmember Lance Large, and Councilmember Burt Hewitt. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA (Agenda Item No. 12-072) Motion: Councilmember Lusk moved to approve the Meeting Agenda with the following change: • Add Executive Session to discuss Litigation and Land Acquisition. Second and Vote: Councilmember Hewitt seconded the motion. The motion passed unanimously (7- 0). PUBLIC COMMENT No public comment. CONSENT AGENDA 1. Approval of the February 22, 2012 Special Called Work Session Minutes. (Agenda Item No. 12-073) (Sudie Gordon, City Clerk) Regular Meeting of the Milton City Council Monday, April 9, 2012 at 6:00 pm Page 2 of 6 2. Approval of the February 22, 2012 Regular Council Minutes. (Agenda Item No. 12-074) (Sudie Gordon, City Clerk) 3.' Approval of Financial Statements for the Period Ending December, 2011. (Agenda Item No.12-075) (Stacey Inglis, Finance Director) 4. Approval of Financial Statements for the Period Ending January, 2012. (Agenda Item No.12-076) (Stacey Inglis, Finance Director) 5. Approval of a Renewal Contract between the City of Milton and AT&T. (Agenda Item No. 12-077) (David Frizzell, IT Manager) 6. Approval of a Construction Services Agreement between the City of Milton, Georgia and J.J.E. Constructors, Inc. for a Headwall and Shoulder Repair on Bethany Bend Road. (Agenda Item No. 12-078) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton, Georgia and Transmap Corporation for a City -Wide Pavement Condition Survey. (Agenda Item No. 12-079) (Carter Lucas, Public Works Director) 8. Approval of a Professional Services Agreement between the Winter Construction Company and the City of Milton for PreConstruction Services — Milton Public Safety Facility. (Agenda Item No. 12-080) (Carter Lucas, Public Works Director) 9. Approval of Better Together — Real Communities Milton Mini -Grant Program Contract (Real Communities Initiative) between The Georgia Council on Developmental Disabilities and the City of Milton. (Agenda Item No. 12-081) (Chris Lagerbloom, City Manager) Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Large seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS A Proclamation Recognizing Milton High School 2012 Georgia AAAAA Boys' Basketball Champions. (Presented by Councilmember Karen Thurman) Regular Meeting of the Milton City Council Monday, April 9, 2012 at 6:00 pm Page 3 of 6 FIRST PRESENTATION 1. RZ12-04/VC12-01-12990 GA Hwy 9 (Outparcel 3) (22-52701047-276-5) by Webb Road Promenade, LLC to Rezone from MIX (Mixed Use) to C-1 (Community Business) to Develop a 3,321 Square Foot Dry Cleaners and Request a Concurrent Variance to Reduce the 20 Foot Landscape Strip to 10 Feet Along Hwy 9 (Sec. 64-1090(a)). (Agenda Item No. 12-082) (Kathleen Field, Community Development Director) 2. RZ12-02 — Ordinance to Adopt the Corrected City of Milton Zoning Map as Indicated on the Geographical Information System (GIS) Including All Zoning Actions Prior to January 1, 2012 as Shown on "Current Zoning Map Dated January 2012". (Agenda Item No. 12-083) (Kathleen Field, Community Development Director) 3. RZ12-03 — Ordinance to Amend Article XVIII of Chapter 64 of the City Code — Historic Preservation Commission. (Agenda Item No. 12-084) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Hewitt moved to approve the First Presentation. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Approval of a Resolution to Adopt the Personnel Policy of the Milton Police Department. (Agenda Item No. 12-085) RESOLUTION NO. 12-04-216 (Deborah Harrell, Chief of Police) Deborah Harrell, Chief of Police: • In addition to the city having a personnel policy manual, the police department has one also. • Nothing in it conflicts with the city but we have to cover some additional topics that are not covered in the city manual such as, use of force and vehicle pursuits. • All of our policies are currently written to state certification standards. • About 75% of them are written to national standards. • I am working on the additional 25% to get us to 100% so we can be nationally certified. Regular Meeting of the Milton City Council Monday, April 9, 2012 at 6:00 pm Page 4 of 6 • In accordance with the charter, we wanted to bring you the manual and ask for your approval. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-085. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 2. Approval of a Resolution of the City of Milton, Georgia Establishing a Moratorium On the Enforcement of the Telecommunications Operating License Fee Associated with Annual Registration for Owners and Users of Telecommunication Facilities. (Agenda Item No. 12-086) RESOLUTION NO. 12-04-217 (Ken Jarrard, Esq., City Attorney) Ken Jarrard, City Attorney: • You have in front of you a proposed renewal of extension of a moratorium addressing a particular part of the city's telecommunications ordinance with respect to our annual permitting and inspection fee which was imposed when we adopted a new telecommunications ordinance in roughly 2010-2011. • You may recall this was an omnibus rewrite of what we inherited from Fulton County. • We had consultants come in to assist us with this. • It was part of some of the litigation that has been ongoing which is why we saw some of the deficiencies in our existing codes. • When we adopted our new ordinance, an annual inspection and permitting fee of $1,000 per tower and per facility on the tower was imposed. • Consultants recommended that we impose a fairly significant fee that would absorb the cost of the regulatory effort it would take to go out and look at all the different towers to assess how many different structures were on them and keep track that nothing new was added that wasn't permitted through the City of Milton, etc. • That became a part of our ordinance. • In the meantime, we found out that a similar type of regulatory effort in Liberty County, Georgia was the subject of litigation. • Needless to say, the tower companies that were being regulated were not very happy that they had to pay this $1,000 per year annual renewal inspection fee. • So, Liberty County's city council decided to issue a moratorium on that particular section of the ordinance. • The Liberty County case has not been resolved and so they are attempting to modify their code. • Does the City of Milton want to follow in Liberty County's footsteps, renew trying to enforce this regulatory effort, or just allow time to think about it? • My recommendation is that we think about it. • I suggest that we renew and extend the moratorium for a six month period. • I would like to work with your Community Development Director and your City Manager to make a formal recommendation to: o Modify the code all together and take that out. Regular Meeting of the Milton City Council Monday, April 9, 2012 at 6:00 pm Page 5 of 6 o Modify the code and perhaps put in a reduced fee to the extent that we think we can regulate this particular transaction for a reduction of the $1,000 per permit. o Completely strike it all together. • I have not received a ruling from the Liberty County case only that they are attempting to modify their code, however, that does not tell me whether or not they are going to prevail. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 12-086. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS Chris Lagerbloom, City Manager: • Our next council work session will be May 4-5 at Atlanta National Golf Club. • The facilitator for that meeting is Marie Garrett. • Cathy Johnson with Milton Grows Green would like to know if any of you would like to give a scripted talk during the carriage ride at the Earth Day Festival on Saturday, April 21 sc • Matt Kunz and Karen Thurman volunteered. • I am working on the City Hall lease for the building we occupy. • We had reached an agreement on the terms of the new lease only to find out the next day that the owners of the building were foreclosed upon. • Now the building has new owners and a new leasing company will be negotiating our lease agreement. • The new company is aware of the progress we had been making negotiating a new lease. • I will keep you updated regarding the status of this situation. EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to adjourn at 6:40 p.m. into Executive Session. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene at 7:16 p.m. into Regular Session. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). ADJOURNMENT (Agenda Item No. 12-087) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 7:18 p.m. Councilmember Large seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, April 9, 2012 at 6:00 pm Page 6 of 6 After no further discussion the Regular Council Meeting adjourned at 7:18 p.m. Date Approved: May 7, 2012. Sudie AM Gordon, City Clerk Joe Lock ayor