HomeMy WebLinkAboutMinutes CC - 10/15/2012 - MINS 10 15 12 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 1 of 18
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 recon.;.' 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 October 15,
2012 at 6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Dr. 011ie Wagner, Pastor at Alpharetta Presbyterian Church
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Councilmembers Present: C'ounoilmember Thurman, Councilmember Kunz, Councilme-lber Large,
Councilmember Hewitt, Councilmember Longoria and Councilmember Bill Tusk.
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
(Agenda Item No. 12-261)
Motion and. Vote: Councilmember Lusk moved to approve the Meeting Agenda vritl: thF. fc1lw,r;.€.
changes:
• Defer Agenda Item No. 12-272, Consideration of RBL for Mr. Jin, Inc. d/b/a R?z Sans to
November 5, 2012 Regular Council Meeting.
Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 2 of 18
PUBLIC COMMENT (None)
CONSENT AGENDA
1. Approval of the September 17, 2012 Regular Council Meeting Minutes.
(Agenda Item No. 12-262)
(Sudie Gordon, City Clerk)
2. Approval of the October 1, 2012 Regular Council Meeting Minutes.
(Agenda Item No. 12-263)
(Sudie Gordon, City Clerk)
3. Approval of the Acquisition of 2,992.54 SF of Right of Way, and 3,901.46 SF of Permanent
Construction and T�laintena�':ce Easement at 12650 Arnnlfl Mill Rnad frnm Varnell T. Rucker for
a Total Combined Purchase Price of $38,500.
(Agenda item No. 12-264)
(Carter Lucas, Public Works Director)
4. Approval of the Acquisition of 5,568.43 SF of Right of Way, 475.00 SF of Permanent
Construction and Maintenance Easement, and 9,888.44 SF of Temporary Construction Easement
at 12690 Arnold Mill Road from Varnell T. Rucker et al for a Total Combined Purchase Price of
$38,300.
(Agenda Item No. 12-265)
(Carter Lucas, Public Works Director)
5. Approval of the Acquisition of 9,774.90 SF of Right of Way, and 6,427.77 SF of Permanent
Construction and Maintenance Easement at 12625 Arnold Mill Road from City of Milton for a
Purchase Price of $34,300.
(Agenda Item No. 12-266)
(Carter Lucas, Public Works Director)
6. Approval of a Resolution Ratifying Closing Documents for and the City's Acquisition of Real
Estate Relative to all that Tract of Land being Known as Fulton County Tax Parcels No. 22-
5040-0535-017-3 and 22-4880-0534-020-4 and 22-5040-0535-034-8, Collectively Containing a
Total of 7.06 Acres, more or less, from Michael and Sheryl Bell (Wilson) for the Purchase Price
of $517,500.
(Agenda Item No. 12-267)
RES. NO. 12-10-233
(Chris Lagerbloom, City Manager)
7. Approval of a Resolution Ratifying Closing Documents for and the City's Acquisition of Real
Estate Relative to Fulton County Tax Parcel No. 22-5040-0535-0298-8 Containing a Total of
3.04 Acres, more or less, from Larry and Susan T. Hopkins for the Purchase Price of $425,000.
(Agenda Item No. 12-268)
RES. NO. 12-10-234
(Chris Lagerbloom, City Manager)
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 3 of 18
8. Approval of a Lease Contract between the City of Milton, Georgia and Larry Hopkins and Susan
T. Hopkins for a Residence Located at 15260 Bell Park Drive, Milton, Georgia 30009 for a
Term of Six (6) Months.
(Agenda Item No. 12-269)
(Chris Lagerbloom, City Manager)
9. Approval of a Lease Contract between the City of Milton, Georgia and Doug Smith for a
Residence located at 15315 Thompson Road, Milton, Georgia 30004 for a Term �f Three ,3)
Months.
(Agenda Item No. 12-270)
(Chris Lagerbloom, City Manager)
Motion and Vote: Councilmember Thurman moved to approve the Consent Agenda as amended.
o'cuncilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS
1. Presentation of Certificates of Recognition to Captain John Cunningham., FAO. Fred Barnes and
Firefighter Paramedic Walker Mann for Outstanding Performance.
(Robert Edgar, Fire Chie )
FIRST PRESENTATION
PU,, UBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATIONS
Consideration of the Approval of the Issuance of an Alcohol Beverage License to L IJove N.Y.
Pizza & Attila's Grill located at 980 Birmingham Road, Suite 200, Milton, Georgia. 3000/� . ? Yee.
Applicant is Anar Gafarzada — Consumption on Premises Wine and Malt BevFiage:
(Agenda Item No. 12-271)
(Stacey Inglis, Finance Director)
Stacey Inglis, Finance Director:
Tonight's alcoholbeverage license has followed all the requirements 1mv.
This is a new owner of the business.
This business has previously had consumption on premises.
• Staff recommends approval.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 4 of 18
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 12-271.
Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
The following Agenda Item No. 12-272 was deferred to the November 5, 2012 Regular Council
Meeting by motion and vote under approval of agenda.
2. Consideration of the Approval of the Issuance of an Alcohol Beverage License to Mr. Jing Inc.
d/b/a Ru Sans located at 13085 Highway 9, Suite 440, Milton, Georgia 30004. The Applicant is
Jing Bo Li — Consumption on Premises Wine and Malt Beverages.
(Agenda Item No. 12-272)
(Stacey Inglis, Finance Director)
(Zoning is transcribed verbatim)
9) ZONING AGENDA
RZ12-10 — To Create a Definition for "Exotic Animals" and/or Other Related Definitions within
Section 64-1.
(Agenda Item No. 12-255)
ORD. NO. 12-10-149
(First Presentation at October 1, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Kathy Field, Community Development Director:
• Thank you Mr. Mayor and members of the City Council.
• RZ12-10, in essence, defines exotic animals as well as wild animals and also includes a
definition for wildlife.
• I'm happy to go through it if you would like.
• We did cover this at our work session but it does list all the various animals that are
defined as exotic or wildlife.
Mayor Lockwood:
• Does anyone have any questions or want to go through that or are clear on that or
questions for Kathy.
Councilmember Thurman:
• It doesn't appear that there were any changes since our work session.
Kathy Field:
0 That is correct.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 5 of 18
Mayor Lockwood:
• Okay, so we don't have any questions on that for council. Do we have any public
comment on this?
Sudie Gordon, City Clerk:
• We do not, sir.
Mayor Lockwood:
• Okay, I would just like to ask Kathy has there been any input?
Kathy Field:
• None whatsoever, Mayor.
Mayor Lockwood:
• Okay, so I will close the public hearing on this and if there is no council discussion then
if someone would like to make a motion.
Councilmember Hewitt:
• I make a motion for the approval of Agenda Item 12-2.5
Councilmember Longoria:
• Second.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-255.
Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).
2. RZ12-09 — To Amend Article VI, Division 2 — AG -1 (Agricultural District) as it Relates to
Allowing Exotic Animals within the AG -1 (Agricultural District).
(Agenda Item No. 12-256)
ORD. NO. 12-10-150
(First Presentation at October 1, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director.
• Thank you. Mr. Mayor, this text amendment essentially changes the uses allowed under
the agricultural uses by including certain exotic or wild animal uses as set forth in Section
64-1838 in conjunction with the issuance of a use permit.
• So, that language has been added to the allowed uses within the agricultural zone.
Mayor Lockwood:
• Okay. Do you have any questions for Kathy or staff?
Councilmember Thurman:
• So, currently exotic animals are not allowed in any zoning in Milton? This will just
allow them in the agricultural zone?
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 6 of 18
Kathy Field:
• Correct, with a permit which we will get into in the next text amendment.
Mayor Lockwood:
• Do we have any public comment on this item
Sudie Gordon, City Clerk:
• We do not, sir.
Mayor Lockwood:
• Okay, I will close the public hearing and if there is no other cc anal discussion I will ask
for a motion.
Councilmember Thii roan:
• Maayor, I make a motion that we approve RZ12-09 to 1-unend Article V?, Division 2 —
ACi-1 0.S It +_ Ail .. L'. +:_ A «:,. 1 '+t,:,, 411 A (`_ 1 t n4
Rciatw w riuvwuir, i_,Avuu runmaia vviu n - �v-� DiS�rl. �.
Councilmember Longoria:
• Second.
Motion and Vote: Councilmember Thurman mcved to approve f,.genda Item. Nc. if. %_"E.
Councilmember Longoria seconded the motion. The motion passed unanimously (7- 0).
3. RZ12-13 — To Create a New Use Permit for Exotic Animals and/or Related Uses within A stick.
IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses.
(Agenda Item No. 12-257)
ORD. NO. 12-10-1.51
(First Presentation at October 1, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director:
• Thank you. Mr. Mayor the text amendment that you just approved, RZ12-09 talks about
the fact that you are allowing exotic or wild animals in an agricultural zone with the
issuance of a use permit, therefore, this one RZ12-13 establishes the conditions for the
use permit.
• We did discuss this at our workshop meeting last week.
41 There was a little discussion on the second page under sub -section H where we talk about
the height of the fence, this is the interior fence, and that it should be a four or five board
equestrian style fence, six feet high with two inch by four inch welded wire non -
climbable material.
• And, there was some discussion at that in terms of whether or not that would be a tight
enough weave, so to speak, to prohibit young children from climbing over.
I did discuss this with staff as a follow-up to that discussion and we did think that
because it is only two inches wide, it is four inches high, but two inches wide, in terms of
the weave of the mess, the fact that it was six feet high and only small kids could be able
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 7 of 18
to get their footing within a two inch wide mess, that we did feel that the six foot high
fence would be prohibit in that the two by four is probably alright. However, my chief
building official mentioned that there are several other dimension wire we could look to.
So, if you felt that you wanted something, two by two for instance, or one by three, we
could certainly put that in this ordinance.
Mayor Lockwood:
• Let me clarify. Are we, on these fences, are we just talking about the perimeter fence not
the actual closure for the animals but this is a perimeter fence if it were on their right of
way the front of the property, sides, rear.
Kathleen Field:
• Well, it is an interior fence from the front yard fence but it would be six feet high with
some type of wire in between the four or five boards. And, the idea is to keep the
animals in and the children out.
Mayor Lockwood:
• But, just to clarify that, it is really to keep the people out, because the animals are going
to be in their own permitted enclosure.
Kathleen Field:
• Yes, the animals will be permitted and whatever the enclosure would be needed for that
particular type of animal would be regulated by the Federal and State regulating
"authorities.
Mayor Lockwood:
• So, we are just talldng about something to keep the people out.
Kathleen Field:
• Yes, pretty much, exactly.
Mayor Lockwood:
• And, the other question I had, does this affect any facility that is grandfathered? If we
already had someone keeping exotic animals, does this affect them? Do they have to go
out and change anything or add a perimeter fence?
Kathleen Field:
• I am going to turn that over to our city attorney. We did touch on this briefly also at our
meeting last week.
Ken Jarrard, City Attorney:
• I don't think that this would require individuals to have to go out who already have
something in place and dig up their fence and put a new one in.
Councilmember Lusk:
• I mentioned last week that same sub article 2H, to insert the word fabric, between the
words wire and non -climbable.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 8 of 18
Kathleen Field:
• Wire, fabric, non -climbable material.
Councilmember Lusk:
• Welded wire, fabric, non -climbable.
Councilmember Thurman:
I just want to confirm, this is only required if it is something visible from t -he public right
of way, correct? If this is something that is way behind a house in the back it would not
be.
Kathleen Field:
• It is required along all interior property lines if visible from a public right of way it shall
be a four or five board fence. So, the style, if it is visible shall be a four or five board
fence. But, there should be an interior fence. It doesn't have tc be four or five board if it
is not visible. But it �r'v'uid ha`v'e tv be six feet high :' .th tl;.� •h':re fabric
City Attorney Jarrard:
Mr. Mayor, may I offer a little bit of clarification there with discussion of the CCit-y
Manager. I want to make sure I answered your question accurately. The question was, I
thought, whether this would require fencing in place new to be transitioned into `>us new
:sort. The basis of my explanation was that if someone is iegal y non-coiifor_m>_a;; it,
ether words, we change the laws and we may not have that situation existing o.� he
property right now but it was lawful before we changed the code, they do not have. tc'gc
back and dig up their fencing and install new fencing. Hcwever, if it was not legal now,
and then we changed the law and required a new standard, or require something that has
never been allowed in Milton before, but they have an old practi^e that was illega.., right
now, they would not get the benefit of being considered legal non -conforming. '10 be
legal non -conforming, you have to be legal when you put it in the ground and so '_ don't
know if there are any examples of that now. If there are and they are illegal now, that
could be a problem. Now, whether or not that would be enforced is going to be a matter
of Code Enforcement working with Community Development.
Mayas Lockwood:
My question is that if there, let's just say for example, there is an existing facility that has
exotic animals that is permitted through the state but the city has not had an ordinance,
what we pass tonight, typically I would think their facility would be grandfathered in but
if they were to go forward in the future and change it, or want to install fencing, it would
have to, that is my question or would they be required to go back and add what the city,
this ordinance.....
City Attorney Jarrard:
C I would put a lot of deference at that point into discussion with Mrs. Field to find out if
we believe if what they are doing now, from a city regulatory perspective, is legal. And,
if the answer to that is yes, then I have no concerns about them having to dig up anything.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pra
Page 9 of 18
If the answer is no and we have the authority right now to go out there and issue a Milton
citation, that is a different answer.
Councilmember Kunz:
• We talked last time as well and there were already a couple of regulatory authorities that
are handling this as well. And, I remember the six foot high exterior fence being a part of
the DNR, right Kathy, as far as requirements. The exterior has to be six feet, is that right.
Kathleen Field:
• Yes, a maximum of six feet.
Councilmember Kunz:
• So, that has already regulatory law from another agency, right, or another authority, not
the City of Milton. That is already in existence by the DNR. Am I saying that right?
Kathleen Field:
• Yes.
Councilmember Kunz:
So, do they.also have a requirement for an interior fence of that six foot high fencf? I'm
trying to remember if that was the case as well or are we just trying to do additional. on
top of what the Department of Natural Resources already has. I just want to clarifi, that.
Kathleen Field:
9 I think we. are trying to do additional to make it a little higher, make. iva little safer.
Gouncilmember Kunz:
• For houses that are housed internally, I'm not necessarily sure if fencing around a
perimeter is going to be effective to keep other animals, like raccoons and such out. That
is what the interior fences, I think, are for. I just want to make sure we are not putting
undo burden on anybody that may already have a structure like this already. If they are
already complying with the Department of Natural Resources we are not requiring them
to put additional fencing on the inside of their exterior fence. And, that is basically what
we are suggesting they have to do right here. That is the only concern I have. I'm just
trying to think about what I know about animals, and what I know about situations like
this, requiring additional cost for something like this, I think is an excessive burden that
may not have the effectiveness of what that is intending. Just my thought.
Councilmember Longoria:
• Just to follow-up with what Matt is saying. Our discussion last week was all about do we
have enough expertise to know what needs to be recommended above and beyond what
the DNR with the state, with the county, is already going to require. That is the thing I
think that most concerned us last week. The thing I wanted to know is, getting back to
the illegal use, not being legal, can't be grandfathered in. How does the special use
permit complicate this because special use permits are granted, I don't know if it is
renewable annually, or you just have to get it once and it is in place forever, but if we
didn't have this before and we are saying this requires a special use permit, people that
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 10 of 18
are interested in this are going to have to apply for the special use permit regardless of
their current state. Is that a correct statement, Ken?
City Attorney Jarrard:
• If the use right now under the Milton code, let's take it out of the context of exotic
animals, if any use is impermissible under the Milton codes such that a citation could be
issued, and if we adopt a new rule that would allow that use to be legal with a special use
or conditional use permit, then that individual or entity operating at illegal use would
need to come in and get a special use permit to be lawful or otherwise it would be shut
down.
Councilmember Longoria:
• So, my point is that they are going to have to conform day one in order to get the special
use permit, right?
City Attorney Jarrard: Yes
Councilmember Longoria:
• So, the special use permit doesn' i hii-1 the c: - ent r-cr.ditier. or. ,what viae ay.
before, it is all about what is lawful now and mcv rg forward.
City Attorney Jarrard:
• That is right but it presupposes, i•dor_'t LEIS€ve if thF.y 4werF 'z�%rul before ainc: rre;, �h� .;
legitimate and lawful before, we would have the rig t to insist they do that. The.-,w3�:'.c?.
in my estimation be: lawful non -conforming.
Mayer Lockwood:
• I think that goes back to my first question, let's face: it, thF. 800 poland gor�llz.:.s a_ -1c.
room now, there is an existing facility.
City Attorney Jarrard:
• That is why I qualified my answer that with resper-A `c thF._: (tutus now/ I v✓ould want `_c
check with Mrs. Field to make sure that, for instan^e, if we. all in this ioorr.. bi-tHe.ve that
the use now is legal and lawful because it is regulated .by. all these myriad state ei.titiPcc.
and we are simply trying tc augment and enhance, wr:ch is what we can do whey_ tY Fa e
are state regulations, local governments can augment and enhance those regulations. "
that is all we are trying to do then I'm not sure I see a concern but then again I would
want to refer to Mrs. Field as to whether or not she c.oes.
Mayor Lockwood:
4 Mrs. Field, do you want to address that at all?
Kathleen Field:
• No, I think I would have to have a discussion first A th `che -Ay attorney.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 11 of 18
Councilmember Thurman:
• I understand the reasoning behind this but if you have a 30 or 40 acre parcel to put a
minimum six foot high fence around a 30 or 40 acre parcel, may be a little bit of an
overkill. So, I am not sure we are really accomplishing what we are trying to accomplish
by Section H.
Mayor Lockwood:
• I will tell you what my interpretation would be and I know there is some discussion from
the guy with the monkey on his back about other animals getting in and all, but I think
this, forget about somebody who is existing, but somebody new, if they are building a
new facility, it probably wouldn't be a huge burden on them to add a six foot high fence
around their enclosures x number of feet out. To Karen's point, yes, somebody has a 10,
20 acre parcel and they have to do the whole property line it would be so that is
something we may want to discuss there. That fence is not to keep other animals out but
basically keep people out just like you put around a pool.
Councilmember Longoria:
• Yea, but we are trying to do a one size fits all kind of a thing. Isn't it case by case, it
depends on the kind of animal it depends on all kinds of things.
Councilmember Large:
• I think I kind of understand the point. To me, it is to keep people out. Animals, like he.
has, I visited the facility, some of them do bite and if a child got in the property, I'm note
saying a six foot fence, and I don't agree that a two by four is non -climbable, design, I
won't say where but we have used smaller mesh to keep it from being like an inch and a
half mesh as opposed to a two inch mesh on a chain link or something like that. It is not
-to keep animals out it is to keep kids out especially from coming in and accessing during
hours when it is not open and supervised so I do understand the safety concern. I was not
able to be at the last work session so I'm at a little bit of a disadvantage. This only
applies to if you want to operate a facility with exotic animals where you have to do this
fencing? The fencing requirement, is it only if you are operating with exotic animals?
Kathleen Field:
• Yes. That would be a condition of the special use permit as it relates to exotic and wild
animals.
Mayor Lockwood:
• Let me ask this too. I think Councilmember's Longoria's point, case by case, let's be
realistic; we are probably not going to get a ton of these cases before us every year, every
month, or whatever. So, would it be advisable to give the staff leeway to look at it and
the council on a case by case, you know, if it is on a fifty acre parcel and there's nothing
around it and they meet all the requirements for the DNR and whatnot, and it's safe, it's
fine, if it's in a neighborhood and there is a chance of kids running up, couldn't that be
part of the conditions for that facility and let staff look at that and make a reasonable
decision? Rather than doing a one size fits all.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pra
Page 12 of 18
Councilmember Thurman:
• So, would we just take out Section H and do it as we need it?
Councilmember Lusk:
• I think we had similar discussion regarding swimming pools during the work session with
a similar type fence around it and we talked about if you had a swimming pool in the
center of a ten acre site the entire site was fenced would the swimming pool ordinance
also requires a separate fence around the pool. I think we are talking about the minimum
or maximum separation between the swimming pool fence and the perimeter fence. I
think this is about the same issue that we are talking about here is fencing around the
actual compound itself. I would be in favor of,leaving that up to the discretion of the
Community Development Director..
Kathleen Field:
• Also, the regulatory agencies may also weigh in on this in terms of requirements and so
cmrld rartn;n1x nt the time of the atnpliratinn fnr these permit-, "The fen[_ing
applications would be if any by the regulatory licensing agencies.
Councilmember Hewitt:
• We hear use permit cases here., correct? So, that gives us a good vehicle for the case-by-
case case.
Councilmember Large:
• I agree with that, the fact that if it goes -through a use perrait, that is the l -r -p( -,se, use.
permit, is to set certain conditions in that process just like. did with, the: riding aa-e.r as
and other, that is why we do a use permit process. • I thiel- having that as a m(. f, ��d. T
agree with the fact that, to me, I think it is more. importan, say within a cextain di-stanre
of the compound that maybe have a fence law, not at the property line. The reason for it
is to keep unauthorized entry into an area that could be a problem. I would thiel- the.
owner also from a liability standpoint would want that as well. So, I think using z. use..
permit as a vehicle for that is appropriate.
Mayor Lockwood:
* - Is there any public comment on this item?
Sudie Gordon, City Clerk:
• No sir.
Mayor Lockwood:
I will close the public hearing part. It sounds like to me if we take Section ):T aur
fence, is the attorney okay with that, Chris; do you have any comments or.: ha::? I`:wth;
you're okay with that? So, if the council wants to talk about that.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 13 of 18
Councilmember Kunz:
• So, yea for H instead of just saying the requirements for the fence a minimum with
regards to DNR regulation unless it has been determined more so by the Design Review
Board. I don't know how to say that. Can we do that for H or should we?
Mayor Lockwood:
• I don't know if we need to address that or not since they are already going through the
DNR regulations they would have to meet those requirements anyway. Just trying to
keep it simple.
Councilmember Longoria:
• We also had some discussion on Section I as to whether or not that needed to be in there
as well because people that are operating these types of facilities, again, are reporting up
to the licensing bodies exactly how many animals they have, and to tell you the truth, I
don't know how often that changes. That could be changing on a daily basis so it would
be difficult to grasp and they are doing it already for. other groups.
Councilmember Large:
+ I could comment on that too. From a local basis,.I-think it is important for us to know
those types of things just like we had the emergency responders in here. There. are
occasions when there are storms, I've seen these local zoos where there is storm damage
and you've got animals running all over the place because the enclosures have been
crushed by a tree or something like that so I think.it is important from a local level that
we do at least know what is being kept on the property.,
Mayor Lockwood:
• I think I had when we were discussing it, again, we don't want to add another level of
government to the facilities or the property owners but to Councilmember Large's point
that is important. I think we kind of discussed about possibly having, when they have to
do the reports, whether it is monthly or whatever to the DNR, that the city is copied and it
could be put in place that if there was an emergency or something we would have at least
a good idea, but not necessarily make the applicant do ,additional work just forwarding us
a copy at the same time or copying us or something like that. Does that make sense? .
Councilmember Thurman:
• We don't need an extra layer of government.
Mayor Lockwood:
• If somebody wanted to make a motion they could address those two items.
Councilmember Hewitt:
Couldn't you almost leave Section I in as it is written since it doesn't have any criteria
just leave it in as it as and so they doesn't tie you to every time a birth, or death, or
transfer.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pra
Page 14 of 18
Kathleen Field:
• That would be fine.
City Manager Lagerbloom:
• To leave Section I in as it is written, I don't think it says what you all want it to say.
And, I hate to have a law on the books that doesn't say precisely what you want it to say
because it will be subject to all sorts of interpretation. So, if truly what you are intending
is that such times, whenever those time occur, that the owner of exotic animals is
required to report some other governing body and inventory what would be on their
property, that the city just wants to be copied on that initiative. The strict interpretation
of the way this reads is that if it changes, they have to notify us tomorrow and the next
day and the next day. I don't think you all wanted to say that. I don't viant to leave it in
as it is written and not capture the intent.
Councilmember Longoria:
Would be .....isn't this the same thing as the fence issue because. rlependinu
on what kind of exotic animals we are talking about, the conditions and the need fcr
communication of that sort could be different. And, so if it is something that we give the
staff the leeway to say, "Okay, I want this communicated every time you, notify the i -NPy
or something like that, it. can get copied in or built in to the special use permit when :t is
issued.
City Manager Lagerbloom:
C You know, that would be good. I would be even good with j ust a comma at :he encs of
that and say, subject to the conditions which are placed thrcugh the use permit process cr
something, because you might decide, that, gosh, we need to know what is out there more
frequently for one place than another. I don't know. Maybe it is something the necd.-- t2
say as frequently as council determines during the use permit process.
Mayor Lockwood:
That could be a good way to do it too because, again, it is not like we are going to be
looking at these every month so when we do have one we can spend the time., and Chri-
has a good point, I mean, if something like peacocks were to get out, as Councilmember
Large pointed out, it they were to get out it would be a public safety issue but obviously
there are other animals such as tigers and lions that would be a greater threat. So, yea, we.
can weigh the importance of communicating.
Councilmember Lusk:
To that point, establishing a use permit, how are you going to generate that type of
report? What is going to establish that requirement in the use permit if we don't captu--e-
it some place in this ordinance or in some other ordinance.
City Manager Lagerbloom:
The whole idea is that the new Section H would become ...... as it is written, the applicant
shall inform the director of community development in writing of the number and types
of animals to be housed on the subject property and any changes thereto, which is
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 15 of 18
consistent in conformance with the conditions of the use permit. So, if you all put a
condition in the use permit to report then they are in compliance with it. Whatever that
is, it may be once a month, once a year, once every two years. But something along those
lines just allows each case, again, to be evaluated independently so you can put the
conditions on it that you want to when it comes in front of you.
Councilmember Large:
• Initially, with the use permit process they need to declare what type of animals they will
be housing at that point.
Motion and Vote: Councilmember Longoria moved to Agenda Item No. 12-257 with the following
edits to the document:
• The striking of Section H; which starts with "a minimum six foot high fence"
And the addition of the following language after "thereto" in Section I:
• Based on a schedule determined and agreed to as part of the use permit.
Also, that due to these changes Section I will become Section H and Section J will
become Section I.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
4. RZ12-14 — To Amend Article IX, Administrative Permits and Use Permits, Division 3
Administrative Permits, Subdivision II, Minimum Standards, Sec. 64-1609, Swimming Pool,
Private.
(Agenda Item No. 12-258)
ORD. NO. 12-10-152
(First Presentation at October 1, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Wade Greene, Building Official:
• Good evening Mayor and Council.
• This is just a housecleaning text amendment clean up to get our Milton code more in line with
the National Building Code.
• We have discussed it in the work session.
• We did have some conversation about climb ability and how this would work with the property
lines and we have added under (b) a barrier shall not be located more than 150 feet from the
water's edge of the pool.
• We did a little bit of research on this.
• This allows this to bring it somewhat away from using the perimeter fence for a pool barrier but
in the same token, allowing that perimeter fence to be utilized on some of our smaller lots to
where we wouldn't be that far away.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pra
Page 16 of 18
• To where we didn't cause a small lot to have another fence interior that is the reason why we
went with 150 feet from the water's edge to go along with some questions from council last
week.
• The other question t hat cMULU up as I recall was about the meters or the monitors that go on the
interior of the pool and whether or not that alleviated the pool barrier.
• I did some research on that and while they are well spoken of the code has not grabbed a hold of
that to give that an exception to that pool barrier, so at this time the code does not recognize that
as an exception to the pool barrier.
• Are there any other questions?
Motion and Vote: Councilmember Lusk moved to Agenda Item No. 12-258. Councilmember Kunz
seconded the motion. The motion passed unanimously (7-0).
(End verbatim transcription)
UNFINISHED BUSINESS (None)
NEW BUSINESS (?None)
MAYOR AND COUNCIL REPORTS
1. Presentation of Progress Partners.
(Al Nash, Executive Director, Progress Partners of North Fulton Atlanta)
Al Nash, Executive Director, Progress Partners of North Fulton:
• I would like to congratulate you on the great work you have done as a city in such a short period
of time.
• You were named "The Best Quality of Life" city in Georgia and ranked 9t' in the southeast as
one of the best places to live.
• Also, the awards you have received for your form -based code in the Crabapple area.
• Progress Partners is an initiative of the Chamber.
• Our focus is to create jobs, retain jobs, and work on economic development policies to help
companies grow and to work on issues that help the quality of life in North Fulton.
• When you have six distinct cities and put them all together then you really have a unique
opportunity.
• As the central source of economic development, when there is a project on the state or federal
level, we are the people in North Fulton that are called to guide these issues to the right area.
• We have great K-12 public and private schools.
• The technical college is something that we started working on a few years ago and as we move
forward that will be a big piece that will help us attract economic development.
• If you look at all six cities combined, we are a big importer of labor.
• Today, the daytime population of these cities combined is about 350,000.
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 17 of 18
• It is estimated that in the future during the day these cities will have a combined population of
648,000. .
• There are about 126,000 people who leave to go to work outside the North Fulton area.
• There are about 340,000 people who come to the North Fulton area to work.
• Since the beginning of the year, Progress Partners has been involved in about 74 projects which
have created about 2,748 jobs, 382 square feet of lease space, and $31 million in development.
• Our goal has been to help brand North Fulton and getting positive information out about North
Fulton through social media has certainly helped.
• We have focused on being a regional player and have participated in several trade and marketing
events.
• We have been focused on the Deerfield area.
• As you know, there are about seven tracks of undeveloped land in that area consisting of about
96 acres.
• We are trying to understand who owns those pieces of property, what is their vision for the
property, what is the land zoned for, etc. so we can work collectively with you on educating
brokers or businesses that might be looking to expand.
• Within the Deerfield area, there are about nine major office parks.
• It consists of about 1.2 million square feet.
• It is about 86% occupied consisting of about 87-100 businesses.
• Of those businesses, approximately seven companies have in excess of fifty -thousand square
feet.
• We want to use this information to work on business retention and expansion.
• In early December, we are planning to host a broker/property manager learn and lunch.
• We also want to identify the key businesses in this area.
• We have started to do some preliminary looking in the Hwy. 9 area to identify some things that
we need to do to create growth in that area.
• We would like to help you take care of some of the vacant space in that area.
• One idea is to find a "sit down" restaurant for that area.
• If we want to compete regionally, we have to collaborate and work together.
• There is a 250,000 square foot vacant office building behind Vinny's on Windward Parkway
which we are helping to get occupied.
STAFF REPORTS
EXECUTIVE SESSION (if needed)
Regular Meeting of the Milton City Council
Monday, October 15, 2012 at 6:00 pm
Page 18 of 18
ADJOURNMENT
(Agenda Item No. 12-273)
Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at
7:28 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
After no further discussion the Regular Council Meeting adjourned at 7:28 p.m.
Date Approved: November 5, 2012.
Sudie AM Gordon, City Clerk