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Home My WebLink AboutMinutes CC - 01/09/2012 - Mins 01 09 12 Reg (Migrated from Optiview)Regular Meeting of the Milton City Council January 9, 2012 at 6:00 pm Page 1 of 8 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 recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on January 9, 2012 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION City of Milton Police Chaplain Remco Brommet. CALL TO ORDER Mayor Lockwood called the meeting to order. ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS • Councilmember Matt Kunz was sworn in by Judge Bruggink. • Councilmember Clyde Burton Hewitt, IV was sworn in by Judge Schaefer. • Councilmember Lance Large was sworn in by Judge Schaefer. ROLL CALL City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria, Councilmember Large. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 12-001) Motion: Councilmember Lusk moved to approve the Meeting Agenda with the following changes: 1. Add Executive Session to discuss pending litigation. 2. Move New Business Items 1-5 after First Presentation. Second and Vote: Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council. • To provide input and opinions for any matter that is not scheduled for its own Public Hearing for today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation or from Council. • Each citizen who chooses to participate in Public Comment must complete a comment card and submit it to the City Clerk. • This is not a time to engage the Mayor or Council in discussion. Regular Meeting of the Milton City Council January 9, 2012 Page 2 of 8 • When your name is called please come forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. Mark Reed, 14240 Phillips Circle, Milton, GA: • I am the Chairman of the Parks and Recreation Advisory Board. • We met last week and we voted on a resolution that I would like to read to you tonight. • The Parks and Recreation Advisory Board for the City of Milton do hereby make the following resolution: Whereas, the members held a meeting on Janaury 5, 2012 of which a quorum was present. Whereas, it was unanimously passed by motion made by Mark Reed and seconded by Kathy Cooke that it is in the best interest of the residents of the City of Milton that a resolution be presented to the Council of the City of Milton setting forth the concern of the board regarding priority of Capital Commitment by the Council for the development of parks and recreation. Now, therefore resolved, the board believes that the development of parks and recreation for the residents of the City of Milton is of upmost importance and enhances the value of residents in the City of Milton. It anticipates that the Council will make such development a priority in making allocations of capital from available funds on an ongoing basis. CONSENT AGENDA City Clerk Gordon read the Consent Agenda Items. 1. Approval of the December 19, 2011 Regular Council Minutes. (Agenda Item No. 1.2-002) (Sudie Gordon, City Clerk) 2. Approval of Financial Statements for the Period Ending June, 2011. (Agenda Item No. 12-003) (Stacey Inglis, Finance Director) 3. Approval of Financial Statements for the Period Ending July, 2011. (Agenda Item No.12-004) (Stacey Inglis, Finance Director) 4. Approval of a Task Order with Stantec Consulting Services, Inc. for Design for SR 372 Crabapple Intersection Improvements. (Agenda Item No. 12-005) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement between Martin -Robbins Fence Company, Inc. and The City of Milton for Guardrail Replacement on Hopewell Road. (Agenda Item No. 12-006) (Carter Lucas, Public Works Director) 6. Approval of a Memorandum of Agreement between the Fulton County Soil and Water Conservation District and The City of Milton of Fulton County, Georgia. (Agenda Item No. 12-007) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council January 9, 2012 Page 3 of 8 7. Approval of a Professional Services Agreement between Davenport & Company, LLC and the City of Milton for the Purpose of Providing Financial Advisory Services. (Agenda Item No. 12-008) (Stacey Inglis, Finance Director) 8. Approval of a First Amendment to the Granicus Services Agreement between Granicus, Inc. and the City of Milton, Georgia. (Agenda Item No. 12-009) (Sudie Gordon, City Clerk) Motion and Vote: Councilmember Thurman moved to approve the Consent Agenda as read. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION 1. Approval of the Adoption of an Ordinance of the Mayor and City Council of the City of Milton, Georgia to Amend Chapter 2 — Administration, Article VI — Financial Management Program, of the City of Milton Code of Ordinances to Include Division 13 — Fund Balance Policy. (Agenda Item No. 12-010) (Stacey Inglis, Finance Director) 2. RZ11-19NC11-05 —15260 Hopewell Road, Applicant: Reunion Park. A request to rezone from AG -1 (Agricultural) to C-1 (Community Business) and AG -1 (Agricultural) for an existing 1,180 square foot building for general retail uses and an existing 1,835 square foot single family residence to remain with the following four-part concurrent variance: 1) To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 1-0 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet (Sec 64-1141(3)(a)); 2) To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40 foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line (Sec 64-1141(3)(a)); 3) To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 running from Hopewell Road North 68 degrees 10 minutes 12 seconds West 89.69 feet and North 21 degrees 34 minutes 48 seconds West 35.46 feet to the northerly line of an existing driveway for Parcel 2 (Sec 64- 1141(3)(a)); 4) To reduce the 25 foot setback for parking adjacent to residentially used property to 10 feet along the south zoning line (Sec. 64-1433(f)(1)). (Agenda Item No. 12-011) (Kathleen Field, Community Development Director) Regular Meeting of the Milton City Council January 9, 2012 Page 4 of 8 3. RZ11-17 — To Amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) - Signs. (Agenda Item No. 12-012) (Kathleen Field, Community Development Director) Motion and vote: Councilmember Longoria moved to approve agenda items number 12-010, 12-011 and 12-012. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARINGS (None) ZONING AGENDA (None) UNFINISHED BUSINESS 1. Approval of An Ordinance to Amend Chapter 2, Article VI, Division 11, Purchasing_ Policies, Section 2-621. (Agenda Item No. 11-283) ORDINANCE NO. 1.2-01-125 (First Presentation on December 19, 2011) (Chris Lagerbloom, City Manager) City Manager Lagerbloom: • This amendment is designed to clear up an ordinance and have it be what we thought it should have meant in the first place. • It is the section in our purchasing policies that deals with how we procure professional services. • As you might recall, we had some language that dealt with a dollar figure as well as a certain level of education. • We have recognized that in practice, there are some certifications that don't exist on a state level but are on a national level. Motion and Vote: Councilmember Lusk moved to approve agenda item 11-283. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). NEW BUSINESS 4,10VED BY,410TION AND 1 `0 'E' 1. Approval of a Resolution Amending Resolution No. 11-06-177, A Resolution Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton Board of Zoning Appeals. (Agenda Item No. 12-013) RESOLUTION NO. 1.2-01-202 (Presented by Mayor Joe Lockwood) Motion and Vote: Councilmember Kunz moved to approve agenda item 12-013, appointing Chris Bloor as a City of Milton Board of Zoning Appeals member for District 2. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council January 9, 2012 Page 5 of 8 Motion and Vote: Councilmember Thurman moved to approve agenda item 12-013, appointing Todd Chernik as a City of Milton Board of Zoning Appeals member for District 4. Councilmember Large seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Longoria moved to approve agenda item 12-013, appointing Rita Young as a City of Milton Board of Zoning Appeals member for District 6. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). 2. Approval of a Resolution Amending Resolution No. 11-11-196, A Resolution Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton Design Review Board. (Agenda Item No. 12-014) R9 SOLU"1"ION NO. 12-01-203 (Presented by Mayor Joe Lockwood) Motion and Vote: Councilmember Kunz moved to approve agenda item 12-014, appointing Perry Mason as a City of Milton Design Review Board member for District 2. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Longoria moved to approve agenda item 12-014, appointing Karl Haase as a City of Milton Design Review Board member for District 4. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Lusk moved to approve agenda item 12-014, appointing Tim Bryan as a City of Milton Design Review Board member for District 6. Councilmember Large seconded the motion. The motion passed unanimously (7-0). MOPED PED B Y .1,1017C1tN,..4. 'D VOTE 3. Approval of a Resolution Amending Resolution No. 11-04-174, A Resolution Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton Historic Preservation Commission. (Agenda Item No. 12-015) RESOLUTION No. 12-01-204 (Presented by Mayor Joe Lockwood) Motion and Vote: Councilmember Kunz moved to approve agenda item 12-015, appointing Pam Gillig as a City of Milton Historic Preservation Commission member for District 2. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Thurman moved to approve agenda item 12-015, appointing Ken Sisson as a City of Milton Historic Preservation Commission member for District 4. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Large moved to approve agenda item 12-015, appointing Alison Byrnes as a City of Milton Historic Preservation Commission member for District 6. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council January 9, 2012 Page 6 of 8 ,110 `1) 71Y 1077ONAND U`0 TE 4. Approval of a Resolution Amending Resolution No. 11-03-173, A Resolution Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton Parks and Recreation Advisory Board. (Agenda Item No. 12-016) RESOLUTION NO. 12-01-205 (Presented by Mayor Joe Lockwood) Motion and Vote: Councilmember Kunz moved to approve agenda item 12-016, appointing Dave Duley as a City of Milton Parks and Recreation Advisory Board member for District 2. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Lusk moved to approve agenda item 12-016, appointing Wallace Brittain as a City of Milton Parks and Recreation Advisory Board member for District 4. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Kunz moved to approve agenda item 12-016, appointing Ronald Hill as a City of Milton Parks and Recreation Advisory Board member for District 6. Councilmember Large seconded the motion. The motion passed unanimously (7-0). 5. Approval of a Resolution Amending Resolution No. 10-01-127, A Resolution Appointing or Reappointing Members for Districts 2, 4 and 6 to The City of Milton Planning Commission. (Agenda Item No. 12-017) RESOLUTION NO. 12-01-206 (Presented by Mayor Joe Lockwood) Motion and Vote: Councilmember Kunz moved to approve agenda item 12-017, appointing Mark Bittner as a City of Milton Planning Commission member for District 2. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Large moved to approve agenda item 12-017, appointing Fred Edwards as a City of Milton Planning Commission member for District 4. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Motion and Vote: Councilmember Large moved to approve agenda item 12-017, appointing Gariel Burchett as a City of Milton Planning Commission member for District 6. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council January 9, 2012 Page 7 of 8 6. Approval of A Resolution Establishing Issues to be Reviewed by the City of Milton Charter Commission. (Agenda Item No. 12-018) RESOLUTION NO. 12-01.-201. (Discussed at December 12, 2011 Work Session) (Chris Lagerbloom, City Manager) City Manager Lagerbloom: • There are items that we might encourage the Charter Commission to look at and make a recommendation to the general assembly. • If you adopt this resolution, they retain the full latitude to look into the Charter. • This resolution seeks to capture the presentation that was made at the work session in December. • It seeks to remove the one item out of the presentation that you all seemed not to agree on which was the number of days it might take to pass an ordinance. • There were a few items that were thrown out at the end of the work session in December. • One of those items is the section that speaks to retirement, and the other section which speaks to whether or not there will be a judge removed for cause or not. • I will be meeting with these members on Wednesday. • If you would like to capture those into the resolution that is presented to them tonight as opposed to me just putting them in the record, I would appreciate it. Councilmember Hewitt: • Another item that was brought up was setting another date to review the commission so many years down the road. Motion and Vote: Councilmember Hewitt moved to approve agenda item 12-018 as read. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS (None) STAFF REPORTS City Manager Lagerbloom: • We are sending seven of our staff members to become deputy voter registrars this week. • As the Mayor's push forward a voting initiative this spring, we will be capable and prepared to register people to vote. EXECUTIVE SESSION Motion and Vote: Councilmember Large moved to adjourn to Executive Session to discuss pending litigation at 7:20 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7- 0). RECONVENE: Councilmember Hewitt moved to reconvene the Regular Meeting at 7:52 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council January 9, 2012 Page 8 of 8 ADJOURNMENT (Agenda Item No. 12-019) Motion and Vote: Councilmember Hewitt moved to adjourn to Regular Meeting at 7:53 p.m. Councilmember Large seconded the motion. The motion passed unanimously (7-0). Date Approved: January 23, 2012 Sudie Gordon, City Clerk l Joe Lock ayor STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, Joe Lockwood, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At its Regularly Scheduled Council Meeting held on January 9, 2012, the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] O Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A. § 50-14-3(6)]; (X ) Privileged consultation with legal counsel pertaining to pending or threatened litiga-6-n, claims, administrative proceedings or settlements [O.C.G.A. § 50-14-2]; ( ) Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)]; ( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law [O.C.G.A. § 50-14-3(1)]; ) Tax matters made confidential by State law [O.C.G.A. § 50-14-2]; ( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A, § 50-14-1(a)(2)]; ( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final action is taken [O.C.G.A. § 50-14-1(a)(2)]; ( ) Other. [Explanation and citation to statutory authority required]: I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED before this 9th day of January, 2012. 4 Notdry Public My Commission Expires: gAM MAYOR JOE , WOOD �t•t{��,'9� ham'` �� Z �� ,p. a � �.. + F .r � .w. � a a ax��. ^- 4 �t wry J + - � `` .� �,. .,il�,t .',.4 /