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HomeMy WebLinkAboutMinutes CC - 08/06/2012 - Mins 08 06 12 Reg (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, August 6, 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 and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on August 6, 2012 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jeff Kane, C3 Church, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Large, Councilmember Hewitt and Councilmember Longoria. PLEDGE OF ALLEGIANCE Led by the Mayor. APPROVAL OF MEETING AGENDA (Agenda Item,No. 12-181) Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss land acquisition and potential litigation. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT (None) CONSENT AGENDA 1. Approval of the July 9, 2012 Work Session Minutes. (Agenda Item No. 12-182) (Sudie Gordon, City Clerk) Regular Meeting of the Milton City Council Monday, August 6, 2012 at 6:00 pm Page 2 of 8 2. Approval of the July 16, 2012 Regular Council Minutes. (Agenda Item No. 12-183) (Sudie Gordon, City Clerk) Approval of a Survey Agreement between the City of Milton, Georgia and Onsite Civil Group, LLC for a Boundary and Topographic Survey for the following Four Parcels (15260 Hopewell Park Road PIN 22 50400535029 — Parcel 1; 15165 Hopewell Road PIN 22 48800534020 — Parcel 2a; No Address PIN 22 50400535034 — Parcel 2b; and 15315 Thompson Road PIN 22 50400535017 — Parcel 2c) Adjacent to Bell Park on Hopewell Road. (Agenda Item No. 12-184) (Carter Lucas, Public Works Director) 4. Approval of a Professional Services Agreement between the City of Milton, Georgia and Universal Engineering Sciences, Inc. for Geotechnical Testing and Special Inspections related to the Development of the Public Safety Facility. (Agenda Item No. 12-185) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for a Stormwater Repair on Thompson Road. (Agenda Item No. 12-186) (Carter Lucas, Public Works Director) 6. Approval of a Professional Services Agreement between the City of Milton and Southern Actuarial Services Company, Inc. for Defined Benefit Pension Plan Review. (Agenda Item No. 12-187) (Sam Trager, Human Resources Director) 7. Approval of a Contract Renewal between the City of Milton and AT&T for Broadband Services. (Agenda Item No. 12-188) (David Frizzell, IT 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 Proclamation Recognizing American Taekwondo Association World Champion Cameron Comrie. (Presented by Councilmember Matt Kunz) 2. Discussion of the Fiscal Impact Model for the City of Milton. (Presented by Jeff Dorfman, Dorfman & Associates) Regular Meeting of the Milton City Council Monday, August 6, 2012 at 6:00 pm Page 3 of 8 Jeff Dorfman, Dorfman & Associates: • For several months, I have been working on a Cost of Service Study for the City of Milton. • The purpose of this study is to reorganize the city budget in order to track the type of land uses that generate revenue and the type of land services that expenditures are going to in order to build a Fiscal Impact Model. • This model will be able to assist you when new proposals are presented. • Staff will be able to tell you what the financial impact of a project will be on the city budget. • We also put together a simulation of the growth of the city during the next 20-30 years to determine if the city will be fiscally sustainable. • The cost of the service study shows that, on average, Milton gets $1.05 from each $1.00 that is spent on residential land use. • Milton is receiving $1.36 for every $1.00 that is spent providing service to businesses. • However, the city is losing money on farm and forest land. • Regarding new projects, it was determined that the city breaks even on residential development at an assessed value of about $365,000. • So, if new homes are being built above that price point, they are paying for themselves and not burdening the city. • The Fiscal Impact Model that the city has can calculate multi -family residential, single-family residential, regular retail, upscale retail, restaurants, smaller office space, larger office buildings, hotels, equestrian centers, and industrial. • The model takes into account the location and density of those areas. • We took these same numbers and determined the growth of the city for the next 20 — 30 years. • We wanted to make sure the city would be fiscally sustainable once permit revenue is gone. • The chart in front of you shows the next 20 years which includes permit fees; however, the last 10 years does not include permit revenue. • We adjusted the numbers based on inflation. • We assumed that the cost of city services would increase 3% per year, each property's assessed value would increase by 2% per year, and other fees and service charges would increase by 2.5% per year. • So, when the city is built out, it will be better off by $6 million long term than it is today. • Therefore, new development has more than paid for the services that the city provides. • My numbers are fairly conservative and staff thought that the home values I used were conservative, so the City of Milton can be confident that it will be fiscally sustainable today and in the future. • On average, the city will make about $100 per year on a house. • On a retail store, the city will make between $1500 and $2000 per year. • A small office will generate about $2000 per year. • The big winner is a hotel. • A medium-sized hotel at an average room rate per night of approximately $100 can generate about $100,000 per year. 0 Your staff now has this Fiscal Impact Model and can use this information to assist you. Regular Meeting of the Milton City Council Monday, August 6, 2012 at 6:00 pm Page 4 of 8 FIRST PRESENTATION 1. RZ12-11 — To Amend Article XVI, Signs as it Relates to Moving Signs and Replacing the Current Name "Crabapple Crossroads Overlay District Signs".to "Crabapple Form Based Code Overlay District Signs". (Agenda Item No. 12-189) (Kathleen Field, Community Development Director) 2. RZ12-12 — To Amend Section 64-2371 to Create Permit Expiration Standards for Land Disturbing Activities. (Agenda Item No. 12-190) (Kathleen Field, Community Development Director) 3. HD12-01— Approval of an Ordinance for Historic Designation of the Property Located at 12560 Hopewell Road (The Hardeman Store). (Agenda Item No. 12-191) (Joint Public Hearing Held July 16, 2012) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Longoria moved to approve the First Presentation Agenda Items. Councilmember Large seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS Approval of a Resolution to Approve the Submission of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program to Purchase a NFPA Compliant Cleaning and Maintenance System for Firefighters' Protective Clothing. (Agenda Item No. 12-192) RES. NO. 1.2-08-224 (Matt Marietta, Fire Marshal) Matt Marietta, Fire Marshal: • NFPA stands for the National Fire Protection Association. • It is the umbrella organization that gives us our fire codes and establishes standards for how fire departments should be managed. • We are planning ahead for when the new Police and Fire facility opens. • We would like to be able to apply for available grants at that time in order to defray some of the costs associated with establishing a new facility. 11 Regular Meeting of the Milton City Council Monday, August 6, 2012 at 6:00 pm Page 5 of 8 • The first item is for a washer and dryer that are specifically used for extracting the carcinogens and chemical compounds from fighting a fire. • There is a specific method for washing and drying the clothing of firefighters. • This grant is requesting funds for purchasing these items for the new fire station. • The cost is estimated at $18,100 with a 10% match so the city would need to provide $1,800. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-192. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). 2. Approval of an Application to the Department of Homeland Security for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program. (Agenda Item No. 12-193) RES. NO. 12-08-225 (Matt Marietta, Fire Marsha!) Matt Marietta, Fire Marshal: • In 2007, we applied for the SAFER Grant. • At that time, it was a five year cycle and we are in the final year of it. • This funding pays for three of our firefighters. • The grant program has changed. • In 2007, the salary amount for each of the three firefighters gradually decreased over time and the City of Milton assumed the cost. • Today, the grant provides 100% of these salaries for a two year period. • 25% of the grant is designated specifically to hire new firefighters. • The population of the City of Milton has increased since 2007 which requires additional firefighters. • I have included all nine firefighters in this grant which would total $950,000 over a two year period. • There is no obligation to retain those firefighters after the two year period unlike the current grant program. • Approving this grant tonight does not obligate the city to accept it if it is awarded. • We are just trying to take advantage of any possibilities of a grant when we have the opportunity. • Normally, it takes quite a while for grants to be awarded. • Therefore, I am presenting this to you tonight in hopes that we will receive the grant when the new Public Safety building opens. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-193. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, August 6, 2012 at 6:00 pm Page 6 of 8 Approval of a Resolution Authorizing Mayor Joe Lockwood to Negotiate in Good Faith Regarding the City's Local Option Sales Tax Position with Other Mayors of Municipalities Located in Fulton County and with Officials and Representatives of Fulton County, Georgia. (Agenda Item No. 12-194) RES. NO. 12-08-226 (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: • This resolution resonates from the LOST (Local Option Sales Tax) negotiations that are forthcoming. • It has to be renegotiated each year. • The City Manager has attended the negotiation meetings along with the Mayor. • It makes sense to designate the Mayor to be able to negotiate for the city at these meetings. • This resolution is very clear on two issues: • There will not be binding by the City Council for the LOST split as such time as ratification by the council. • It is not intended to create a committee. • It is just meant to give the Mayor the authority to negotiate on behalf of the city. C� as Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 12-194. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 4. Consideration of whether to Opt out of the Class Action Lawsuit City of Rome v. Hotels. com (Relating to Application of Hotel Excise Taxes). (Agenda Item No. 12-195) RES. NO. 12-08-227 (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: • This is just a housekeeping item. • The City of Milton is not a participant in this lawsuit; however, it is a stakeholder. • The lawsuit is regarding on-line travel companies and whether or not they pay hotel/motel taxes related to their sales. • The lawsuit was filed because on-line travel companies would pay tax on the negotiated wholesale cost of a room and would not pay tax on the retail rate in which they actually sold the room. • Most of the municipalities that brought forth this lawsuit have several hotels in their jurisdiction. • This has been in litigation since 2005. • We received a letter, along with several other cities, asking whether or not we wanted to opt out of this lawsuit because there is going to be a distribution of funds based on part of the settlement so far. • My suggestion is that we remain in the lawsuit. • I do not think we want to pursue this issue independently in light of the fact that we only have one hotel in the city. Regular Meeting of the Milton City Council Monday, August 6, 2012 at 6:00 pm Page 7 of 8 Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 12-195. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS Councilmember Kunz: • I attended the living room conversation program that the Milton Disabilities Awareness Committee hosted. • Thank you to the City of Milton Police Department who gave us a lot of interesting information. • There were about 35 citizens in attendance which was more than anyone anticipated. • I really learned a lot about what our police personnel do on a daily basis. • I was very impressed with the program. • We even had representatives from other jurisdictions who indicated that they would like to conduct a similar program in their city. Councilmember Thurman: • I would like to thank Carter Lucas and his staff for getting the Cogburn Road Bridge open on time. Councilmember Lusk: I would also like to thank Baldwin Construction Company for getting the intersection improvements at Bethany Bend and Cogburn completed in a timely manner. I received an email from Liz Haussmann's office regarding the barns on the Dinsmore property. Fulton County has agreed to work with the City of Milton to salvage the barns rather than demolish them. Councilmember Thurman: I am excited that the "Friends of the Milton Library" group has already been formed and they will be actively participating in preserving these barns. EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to adjourn the Regular Council Meeting at 7:03 p.m. into Executive Session to discuss land acquisition and potential litigation. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Kunz moved to reconvene the Regular Session at 7:41 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, August 6, 2012 at 6:00 pm Page 8 of 8 ADJOURNMENT (Agenda Item No. 12-196) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 7:42 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 7:42 p.m. Date Approved: August 20, 2012. Sudie AM Gordon, City Vlerk Joe Lockwo yor C STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON 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 August 6, 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] 1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate; entering into contract to purchase, to dispose of, or lease property subject to approvaHn, a subsequent public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a subsequent public vote pursuant to O.C.G.A, 50-14-3(b)(1)(B-E); 2. discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. X attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1). 4. other (explanation): 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 J1111, this 6th day of AUGUST, 2012. ,%%%%A M ��/.... Notary Pu lic My Commission Expires: � '9Go% r10 T,q9 `� Z O 4 �• 7 Y �. MAYO JOFQCKWOOD