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HomeMy WebLinkAboutMinutes CC - 07/19/2012 - Min 07 19 12 WS (Migrated from Optiview)Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 1 of 9 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 Work Session of the Mayor and Council of the City of Milton was held on July 9, 2012 at 6:00 PM, Mayor Lockwood presiding. Council Members Present: Councilmember Karen Thurman, Councilmember Matt Kunz, Councilmember Bill Lusk, Councilmember Joe Longoria, and Councilmember Lance Large. Council Members Absent: Councilmember Burt Hewitt Councilmember Kunz arrived at 6:39 p.m. Mayor Lockwood: • Work Sessions are an informal setting to update Council on business items. • No votes will be taken during these sessions. • There are five (5) items on our Agenda tonight. • Public comment is allowed that is germane to an Agenda Item. • If you wish to speak you are required to fill out a comment card and turn it into the City Clerk staff. • Public comment will be allowed for a total of 10 minutes per agenda item and no more than 2 minutes per person. • Public comment will be heard at the beginning of each Item. • Once the item is called, no other comment cards will be accepted. City Clerk Gordon read Agenda Item #1. 1. Discussion of ARC'S Plan 2040 Objectives Checklist for Qualified Local Government Status. (Presented by Michele McIntosh -Ross, City Planner) Dan Reuter, Atlanta Regional Commission: • We are a Regional Planning Agency led by local government elected officials. • We have been around since 1947. • State law requires a Regional Plan and that is what I will be talking to you about tonight. • We are MAPDC which is a special law that stands for Metropolitan Area Planning and Development Commission. • We are the MPO under Federal Transportation Law in conjunction with GDOT. • We are funded in some degree by local governments through annual dues. • Plan 2040 was started in 2008. • We adopted the Georgia Planning Act in 1989. Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 2 of 9 • Plan 2040 meets all the federal and state requirements. • The plan looks at our transportation system but also looks at how we maintain our quality of life in the Atlanta area. • Plan 2040 identifies that Atlanta does not have adequate transportation funding to meet all the needs. • About 70% of the funds we have are used just to maintain the transportation that already exists. • Local implementation is what I will focus on tonight. • In 2008, Georgia Department of Community Affairs updated the rules for regional planning. • That is when the provision was included that we have to seek implementation of the plan from not only ourselves but from local governments. • It basically states that the ARC will go to all of the counties in the Metro Atlanta area and ask them to meet a minimum standard for helping us implement the plan. • The way we decided to do this is to provide each county with a list of things they can do to implement the plan. • Each item on the list is assigned a certain number of points and each county is required to have a certain number of points within three years which would be the minimum requirement. • Once a local government has identified the areas they would like to implement then we will help them with implementation. • Our goal is that 100% of local governments will meet the minimum standard. Councilmember Bill Lusk: • Could you please explain the point system? Dan Reuter, Atlanta Regional Commission: • For example, if a community evaluates the roads in their jurisdiction where they think Access Management might be a good idea then that would be enough to meet the minimum standard. • If you actually put in an ordinance to manage access, then you get points to be at an excellent standard. • We also have incorporated a lot of flexibility in this plan. • For example, if you have something you are doing as a jurisdiction that you think is important and should be point worthy then you can propose that to us and we can give you points as an innovation standard. Councilmember Lusk: • What do these points get you? Dan Reuter, Atlanta Regional Commission: • There are a certain number of points assigned to each initiative. • Once you get the minimum number of points then ARC and the local government have met Georgia DCA rules. • ARC and GDCA have been trying to come up with incentives for governments who meet the excellent standard. • For example, if Milton had a project under the LCI plan that they could apply for funding up to $2 million, if Milton was in the excellent category, we may allow you to apply for up to $3 million. Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 3 of 9 Councilmember Lusk: • So, the point system allows local governments to get additional funding? Dan Reuter, Atlanta Regional Commission: • There are two standards: the minimum which everyone has to meet and excellent. Michele McIntosh -Ross, City Planner: • We have already turned in a list of things that we have done, would like to do, and are not willing to do. • ARC is in the process of evaluating that list. • From the list that was given to us by ARC, we have met all the items that are required except for two which we are pursuing. • Of the minimum items, we are required to complete 50%, currently we are at 48% and we are pursuing another 37% which if we complete those items we will be at 86%. • For excellent points, we are required to have 90 points, currently we have 50 points and we are pursuing another 48 points so we would end up with 98 points if we completed all of the items we are working on. City Clerk Gordon read Agenda Item #2. 2. Discussion of the Tree Inventory, Assessment and Management Plan Project. (Presented by Michele McIntosh -Ross, City Planner & Davey Tree Expert Company) Michele McIntosh -Ross, City Planner: • The community expressed a desire to maintain Milton's rural character and be a green community. • The comprehensive vision is to preserve the rural character, to limit the loss of the community's forest and green space, limit the increase and percentage of impervious services, and improve air quality, storm water, health of people, and general aesthetics. • Some of the strategies that went into the Comprehensive Plan are in the Short -Term Work Program. There are three items: 1. To pursue the grant funding through the Georgia Forestry Commission to conduct a tree canopy study to establish a baseline for tree preservation. 2. To implement an inventory of current street trees within key areas of Milton that can be identified and managed by a GIS system. 3. To pursue a certification through the ARC Green Community Program. • In the Policy section of the Comprehensive Plan we have identified the following: • The elements of the rural landscape including specimen trees, tree canopies with limbs, etc. that contribute to rural character. • Promote community awareness of the economic value of preservation of existing vegetative cover. • Promote design standards which prefer the retention of existing trees as opposed to new plantings. • To ensure tree canopies along scenic streets and other public right of ways. Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 4 of 9 The items in the ARC Green Community Program are as follows: • To adopt a Community Forest Plan that has a comprehensive analysis of community forest and trees. If we adopt a Community Forest Plan we will receive points from ARC. • To adopt a government no net loss of trees policy for government property that can determine no net loss using either canopy coverage or the diameter at breast -height (DBH) method and include benchmarks for increasing canopy. • Georgia's Urban Forestry and Community Forestry Grant Program is a partnership of the U.S. Forest Service and the Georgia Forestry Commission which was authorized by a 1990 Farm Bill and renewed in 2008. • It is funded by the U.S. Forest Service in cooperation with the Georgia Forestry Commission (GFC) and the Georgia Urban Forest Council (GUFC). • The mission of the Sustainable Forestry Program is to help communities recognize the value of their community forest resources in order to maximize associated benefits and minimize relevant risks. • The Benefits of Community Forests are: Shade/energy savings; Air Quality Improvements; Visual Screening Sound Buffers; Wildlife Habitat; Property Values; Soil and Water Protection; Stress Reduction. • During a storm, a single acre of good soil with proper canopy cover can absorb as much as an inch of rain an hour which is equivalent to approximately 27,000 gallons of water. • A one percent increase in tree canopy increases residential real estate selling price. • A 20% loss of forest canopy due to urbanization has led to a 14% increase in ozone concentrations in Atlanta. • There is a need for Community Forestry Programs: 50 acres of tree cover is being lost every day in the Atlanta area while 54 acres of impervious surface is gained. • It is important to collect data about tree canopy and impervious surfaces throughout Georgia Georgia Communities: 77% of Georgia's population lives in urban areas. • 18 of the fastest growing counties in the US are in Georgia. • 50% of Georgia homes are in the wild-land/urban interface. Shirley Bourn, Tree Management Plan, Davey Resource Group: • Thank you for selecting us to develop a Community Tree Management Plan for the City of Milton. • The goals of the plan are to: • Enhance the rural character of Milton through community forestry initiatives • Direct growth with respect to natural resources • Provide professional and uniform maintenance of trees • The objectives of the plan are to: • Evaluate existing community forest conditions • Establish an effective management program that provides long-term planning strategies to improve maintenance efficiency and tree health • Focus tree planting efforts to better opportunities for economic growth and enhance the rural character of the City • Formulate key policy actions for consideration that improve community forests and the benefits they provide for the long term • Educate Milton's residents about the value of community forests 0 The following items were inventoried: Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 5 of 9 • Targeted high -use areas along public rights-of-way (ROW) and in parks • The City selected areas and parks for the inventory which included: Arnold Mill/State Route 140 Area; Crabapple Area; Highway 9/Cogburn Road Area; Bell Memorial Park; Bethwell House/Community Center; Birmingham Park; Crabapple House; Crabapple Park; and Hopewell House • 3,598 sites were collected during the inventory -2,515 individual trees -643 vacant planting sites -440 stands of trees which collectively represented over 10,000 trees • Along ROWs, trees and vacant planting sites were collected. In parks, only individual trees or stands were collected • The findings of tree inventory revealed the current conditions: • Overall, the tree population was in Fair condition • Loblolly pine (Pinus taeda) comprised 15% of ROW and 44% of Parks • Concern for biodiversity and places the community forest at risk from southern pine beetle (SPB, Dendroctonus frontalis Zimmermann). • Crapemyrtle (Lagerstromia indica) made up 19% of the ROW • Concern to the streetscape's biodiversity. • Diameter size class distribution trended towards the ideal for a tree population having a greater number of smaller than medium- and large-sized trees present • The tree inventory maintenance needs are as follows: • Tree Removal • Priority 43 trees • Moderate Risk = 127 trees • Low Risk = 79 trees • Pruning: • Priority= 38 trees • RP Cycle: • Number of trees in cycle each year = approximately 400 • YTT Cycle: • Number of trees in cycle each year = at least 130 • Tree Planting: • Number of trees each year = at least 130 • We studied 2,000 street trees in the City of Milton which provide about $100,000 in environmental economic benefit as shown below: Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 6 of 9 $1ao,o00 SsO.48f TreejYear $120,Oa1 51oo,0a0 y F f $WAW $3L63/Tree/Year $60,000 .93 ree ear 540,000 $729%Tree/Year $20,000 ear $4.41Tree/Year .�' S{?A,000} Ae c/Other stcrrnwater Carbon Dioxide Air Quality Total Annual Benefits Benefits Benefits Benefits Benefits Benefits Dollars/Year $62,249 545,135 $14343 1 $3,999 $16,709) 5119.017 Figure 5. Annual per tree aesUmde/b mr, atannwater, energy, cwbm doxade, air grimily and total annual benefits calculated using Streets. • The summary of benefits provided by trees is as follows: • The inventoried tree population provided $119,017 of annual environmental and economic benefits. Money the City did not have to spend. • On average, one tree provided an annual benefit equal to $60.48. • Consistently, large, leafy trees provided the most environmental and economic benefits to the community. City Clerk Gordon read Agenda Item #3. 3. Discussion of Class Action Lawsuit City of Rome v. Hotels. com (Hotel Excise Tax Ordinances "State Enabling Act") (Presented by Ken Jarrard, City Attorney) Paul Frickey, City Attorney: • The online company charged the user the lower rate and the lawsuit states that they should have been charged the higher rate. • The lawsuit was filed in 2005 and now there is a partial settlement that would include all cities and counties; however, if you don't want to be included in this settlement you will have to notify them and let them know. • The online companies will pay the difference between the lower rate they charged and the higher rate they should have charged. • If we choose to continue to be a part of this lawsuit, then we will benefit from whatever settlement is reached. • We must notify them by August 9, 2012 if we do not want to be a part of this case. • My recommendation is not to opt out of this settlement. • There is one hotel located in the City of Milton. • I ask that the council approve a motion to elect to not opt out and forward the name of the hotel to the parties in the settlement agreement. Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 7 of 9 Councilmember Lusk: • So the decision we are looking for from the court is that we will get the difference between the wholesale rate and the retail rate. City Attorney Frickey: • Yes. City Clerk Gordon read Agenda Item #4. 4. Discussion of Contract with Rick Pruetz, F.A.I.C.P., for the Purpose of Providing Professional Services to Develop a Transfer of Development Rights Ordinance for the "Regional Activity Center" Sub -area as Defined within the Highway 9/Georgia 400 Master Plan. (Presented by Kathleen Field, Community Development Director) City Clerk Gordon read Agenda Item #5. 5. Discussion of Contract with the Firm of Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Deerfield Area. (Presented by Kathleen Field, Community Development Director) Kathleen Field, Community Development Director: • When the Crabapple Visioning Plan was passed, it was determined that the Overlay Zone would not be appropriate for the implementation of that plan. • Therefore, we undertook the Form Based Code and the Transfer Development Right for the Crabapple area. • We have now finished the LCI study for the Hwy. 9/ GA 400 area. • The LCI study identified several character areas. • Staff feels that the character area identified as the Regional Activity Center is really an area that calls for increased density. • We are seeking your approval for staff to move forward in developing a Form Based Code in that area to include TDR's where certain receiving areas would be identified similar to what we did in the Crabapple area. • If this initiative is approved, I would recommend using the same team that we used for the Crabapple area including Rick Pruetz for the TDR segment, as well as, Caleb Racicot for the Form Based Code. Councilmember Matt Kunz: • Where would the sending areas be located? Kathleen Field: • The area zoned AG -1 within the city. Councilmember Karen Thurman: • How much of that area is undeveloped and do we need to expand the area that we are looking at? Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 8 of 9 Kathleen Field: • We have two major parcels. There is opportunity for infill. Possibly build a parking deck. The infrastructure is in place and we have the opportunity to maximize the potential. Councilmember Thurman: • I suggest we look at the entire area not just a few parcels. Councilmember Bill Lusk: • We have a contract in front of us that only includes the parcels you have identified. Can we get a new contract that would include the entire area? Kathy Field: • Yes, I can ask them. City Manager Lagerbloom: • I am not comfortable doing consistent $20,000 contracts. If you want to go bigger, I think we need to stop this contract, go bigger, and then go to an RFP. Councilmember Lance Large: • If we go to an RFP we are looking at several months before anything can be done. City Manager Lagerbloom: • Our best time to complete an RFP is about 90 days. That is about as fast as you can do one. Councilmember Large: • Is it necessary to conduct TDR research again? Wasn't that already done during the first study? • Is the TDR process going to change? Kathleen Field: • We are going to define certain receiving areas and also the value of TDR's. You really need an economic development specialist because the value of the land here is different. Councilmember Lusk: • I would like to see us move forward with this. It is time sensitive and an RFP will take awhile to conduct. City Manager Lagerbloom: • So to recap what we have discussed, you would like us to take the contract that is before you tonight and modify it to include a little more area? Councilmember Thurman: • Yes, I would like to include a little more area in this study. tAfltiY City Manager Lagerbloom: • Okay, we will modify it and bring it to you at the next meeting. Work Session of the Milton City Council Monday, July 9, 2012 at 6:00 pm Page 9 of 9 PUBLIC COMMENTS (None) After no further discussion, the Work Session adjourned at 7:24 p.m. Date Approved: August 6, 2012. ';�P�6ndm Sudie AM Gor on, City Clerk Joe Lockwoo ayor