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HomeMy WebLinkAboutMinutes CC - 12/03/2012 - Mins 12 03 12 Reg (Migrated from Optiview)l Regular Meeting of the Milton City Council Monday, December 3,2012 at 6:00 pm Page 1 of8 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 December 3, 2012 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. L ROLLCALL Councilmembers Present: Councilmember Thurman, Councilmember KUl1Z, Councilmember Large, Councilmember Hewitt, Councilmember Longoria and Councilmember Bill Lusk. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 12-317) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following changes: • Remove Agenda Item No. 12-324 -RZ12-15 -15260 Hopewell Road by Reunion Park, LLC to Rezone from AG-l (Agricultural) to H (Historic) District for the Existing Building to be Utilized as a Country Store on .5240 Acres from First Presentation because the Planning Commission deferred consideration at their November 27 th meeting for two months. RZ12-15 will be under First Presentation at the February 4th Regular Meeting. • Add an Executive Session to discuss Land Acquisition and Litigation. l Regular Meeting of the Milton City Council Monday, December 3, 2012 at 6:00 pm Page 2 of8 J• Defer Agenda Item No. 12-328, Consideration of a Resolution Electing Absent Municipality Status Regarding All Future Lost Proceedings Related to and Triggered by the 2010 Census, to the December 17, 2012 Regular Council Meeting. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT CONSENT AGENDA 1. Approval of the November 14,2012 Special Called City Council Meeting Minutes. (Agenda Item No. 12-318) (Sudie Gordon, City Clerk) 2. Approval of the November 19, 2012 Special Called City Council Meeting Minutes. (Agenda Item No. 12-319) (Sudie Gordon, City Clerk) J 3. Approval of the November 19,2012 Regular City Council Meeting Minutes. (Agenda Item No. 12-320) (Sudie Gordon, City Clerk) 4. Approval of Financial Statements for the Period Ending October, 2012. (Agenda Item No. 12-321) (Stacey Inglis, Assistant City Manager) 5. Approval ofa Construction Services Agreement between the City of Milton and Cook Construction Services, Inc. for the Construction of a Salt Storage Facility. (Agenda Item No. 12-322) (Carter Lucas, Public Works Director) 6. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for Drainage Improvements at Bell Memorial Park. (Agenda Item No. 12-323) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda as amended. Councilmember Kunz seconded the motion. The motion passed unanimously (7 -0). J l Regular Meeting of the Milton City Council Monday, December 3, 2012 at 6:00 pm Page 3 of8 REPORTS AND PRESENTATIONS 1. Presentation of the Final Report on the North Fulton County Voter Initiative. (Presented by Julia Beatrice "JB" Reed Voter Education Specialist Fulton County Department ofRegistration and Elections) Julia Beatrice "JB" Reed, Voter Education Specialist • Last year, the Milton City Council approved a resolution to increase voter registration. • I want to present to you tonight the final report regarding this initiative. • There were three primary activities that took place: voter education programs, voter registration drives, and voter participation activities. • On page 11 of my presentation, there is a chart comparing 2011 and 20 I 2. • In North Fulton County, there was an increase of 9.2 I % voters which is the equivalent of I 8,886 active voters. • Specifically, in Milton 1,900 voters were added. • We reduced the total number of inactive voters by 317 equivalent to 12.34%. • I would strongly suggest that this initiative continue. l 2. Recognition and Presentation of Milton "Five" Year Anniversary Service Award Pins. (Presented by Mayor Joe Lockwood) FIRST PRESENTATION Tile First Presentation Item Agenda Item No. 12-324 was removed by Motion and Vote under Approval ofMeeting Agenda. 1. Consideration ofRZ12-15 15260 Hopewell Road by Reunion Park, LLC to Rezone from AG­ I (Agricultural) to H (Historic) District for the Existing Building to be Utilized as a Country Store on .5240 Acres. (Agenda Item No. 12-324) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 42, Article II, Section 42-35(a) ofthe City of Milton Ordinances to Create the Requirement for Pawnbrokers to Assign a Sequential Transaction Number to Document Each Transaction. (Agenda Item No. 12-325) (Deborah Harrell, ChiefofPolice) 3. Consideration of an Ordinance to Amend Chapter 42, Article III, Section 42-71 (b)( 1 ) of the City of Milton Ordinances to Create the Requirement for Precious Metals Dealers to Assign a Sequential Transaction Number to Document Each Transaction. (Agenda Item No. 12-326) (Deborah Harrell, ChiefofPolice) l Regular Meeting of the Milton City Council Monday, December 3,2012 at 6:00 pm Page 4 of8 ] Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items Agenda Items No. 12-325 and 12-326. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) ZONING AGENDA (None) UNFINISHED BUSINESS 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services Within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the J City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and .. Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. (Agenda Item No. 12-305) ORDINANCE NO. 12-12-155 (Discussed at Work Session on November 14, 2012) (First Presentation at November 19, 2012 Regular Council Meeting) (Cindy Eade, Sustain ability Coordinator) Cindy Eade, Sustainability Coordinator • I am asking for your approval of this ordinance. • This needs to be done on an annual basis to reenact our franchise agreement with our haulers. • The original ordinance was approved in 2008. • Most of the changes that were made pertained to the verbiage and clarifying some issues that were confusing. • We have also added a late payment penalty and the requirement for haulers to place a decal on their vehicle so that we can recognize that they are an approved waste hauler in the City of Milton. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-305 JCouncilmember Hewitt seconded the motion. The motion passed unanimously (7-0). l Regular Meeting of the Milton City Council Monday, December 3,2012 at 6:00 pm Page 5 of8 NEW BUSINESS 1. Consideration of an Intergovernmental Agreement between the City of Milton and the City of Johns Creek for IT Services. (Agenda Item No. 12-327) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager • This is an amendment to an agreement that we have had with Johns Creek for several years. • This removes the requirement of a Department Director person that was supposed to be at the City of Milton one day a week. • The person who is here forty plus hours per week serves that role. • We are removing some services that were outlined on paper but were not actually occurring and replacing them with services that we actually need particularly in the fire department pertaining to the software that they have. • By doing this, we can reduce the cost of these services by about $340.00 per month. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-327. l Council member Kunz seconded the motion. The motion passed unanimously (7-0). The following Agenda Item No. 12-328 was moved by Motion and Vote ullder Approval ofMeeting Agenda to the December 17,2012 Regular Council Meeting. 2. Consideration of a Resolution Electing Absent Municipality Status Regarding All Future Lost Proceedings Related to and Triggered by the 2010 Census. (Agenda Item No. 12-328) (Chris Lagerbloom, City Manager) 3. Consideration of an Intergovernmental Agreement between the City of Milton and Fulton County for Provision of Wastewater Services by Fulton County. (Agenda Item No. 12-329) (Chris Lagerbloom, City Manager) Dennis Potts, 2745 Webb Road, Milton, GA 30004 • I am here tonight to ask for your support for a thirteen acre piece of land which I own to be included in your Intergovernmental Agreement. Chris Lagerbloom, City Manager • This is an Intergovernmental Agreement between the City of Milton and Fulton County for sewer services. • This item has been on our agenda for a very long time. • In the past, we have taken very non-specific and difficult to decipher maps to determine the boundary lines for sewer service. l Regular Meeting of the Milton City Council Monday, December 3, 2012 at 6:00 pm Page 60f8 J• When we have asked for parcels to be added to the existing map, Fulton County has not been adversary. • The document in front of you has been approved by Fulton County. • Let me know if you have any changes to this map or would just like to move forward with the lOA map in front of you tonight. Ken Jarrard, City Attorney • Does anyone have any questions about the Map Legend; the meaning of the colors on the map? City Manager Lagerbloom • The green areas are not being serviced by sewer today. • The yellow areas are being serviced by sewer today. • The blue areas with hashmarks are areas where we would allow expansion into sewer in the future. • The only difference on this map from the previous map is the Arnold Mill area. City Attorney Jarrard • I want to let the council know that if this lOA is approved tonight and you want to add an amendment to it in the future then that is perfectly acceptable. J.... • The only thing that will change is the map. • The lOA will remain the same. Mayor Lockwood • In the past, I have not been opposed to Mr. Potts' property. • He mentioned thirteen acres. • Is there an additional piece of property included in this? • Wasn't it six? Dennis Potts • There are three parcels that make up thirteen acres. Mayor Lockwood • I know in the past we have sent things back until we have had some kind of plan submitted rather than just blanket changed something. Is that an issue here? In the past we have requested a plan. Who owns these properties? Councilmember Bill Lusk • Could we just describe it as those parcels shown on Webb Road as being in the green section which would essentially include all of the remaining parcels on Webb Road that are in the City of Milton? JMayor Lockwood • We are talking about three parcels. We know Mr. Potts owns one of the parcels but we don't know anything about the other two. Is that Mr. McMillan's property? l l Regular Meeting of the Milton City Council Monday, December 3, 2012 at 6:00 pm Page 7 of8 Councilmember Thurman • It really doesn't matter who owns it if it is the right thing to do and it is surrounded by sewer. City Attorney Jarrard • That is where this is different from zoning. This is simply the City of Milton giving permission to Fulton to provide sewer. There is no problem doing that even without the owner's consent. Mayor Lockwood • Does anyone know who owns these parcels? Does anyone have any idea what they are planning on doing with them? Councilmember Thurman • How are those parcels currently zoned? Do we know? City Manager Lagerbloom • Mr. Mayor, I believe that after the meeting I had last week, that Mr. Potts owns one of those two properties and Mr. Neal O'Brien may own the other two. They approached the city with the idea of some type of senior assisted living healthcare type use on the property. That is the best information I have at this time. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-329. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Subsequent Motion and Vote: Councilmember Large moved to send Sewer Map Amendment One to Fulton County to Facilitate the First Amendment to the Sewer IGA and return that Agreement to the City of Milton New Business Agenda. Council member Kunz seconded the motion. The motion passed (6-1). Councilmember Hewitt was opposed. MAYOR AND COUNCIL REPORTS STAFF REPORTS EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to go into Executive Session to discuss land acquisition and pending litigation at 7:41 p.m. Council member Thurman seconded the motion. The motion passed unanimously (7-0). l Regular Meeting of the Milton City Council Monday, December 3, 2012 at 6:00 pm Page 80f8 ] RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene the Regular Meeting at 8:40 p.m. Council member Thurman seconded the motion. The motion passed unanimously (6-0). Mayor Lockwood was not present for the vote. ADJOURNMENT (Agenda Item No. 12-330) Motion and Vote: Councilmember Large moved to adjourn the Regular Meeting at 8:42 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Mayor Lockwood was not present for the vote. After no further discussion the Regular Council Meeting adjourned at 8:42 p.m. Date Approved: December 17,2012. Sudie AM Gordon, City Clerk J J