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HomeMy WebLinkAboutMinutes CC - 02/21/20181 Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 1 of 11 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 February 21, 2018 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Jason Howard, Stonecreek Church, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Jamison, Councilmember Kunz, Councilmember Bentley, Councilmember Hewitt, and Councilmember Mohrig (arrived at 6:05 p.m.). Councilmember Absent: Councilmember Longoria. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-053) Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following change: • Add an Executive Session to discuss land acquisition. Councilmember Bentley seconded the motion. The motion passed (5-0). Councilmember Longoria was absent from the meeting. Councilmember Mohrig arrived late so he was absent for the vote. Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 2 of 1 I PUBLIC COMMENT The following individual submitted a public comment card: Ike Yancy, 13274 Marrywood Drive, Milton, GA 30004 CONSENT AGENDA Approval of the February 5, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-054) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending December 2017. (Agenda Item No. 18-055) (Bernadette Harvill, Finance Director) 3. Approval of the Financial Statements and Investment Report for the Period Ending January 2018. (Agenda Item No. 18-056) (Bernadette Harvill, Finance Director) 4. Approval of a Franchise Fee Agreement between the City of Milton and Comcast. (Agenda Item No. 18-057) (Stacey Inglis, Assistant City Manager) 5. Approval of a Professional Services Agreement between the City of Milton and InterDev, LLC, for an Information Technology Assessment. (Agenda Item No. 18-058) (David Frizzell, IT Manager) 6. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Milton Tennis Center. (Agenda Item No. 18-059) (Jim Cregge, Parks & Recreation Director) 7. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Music Therapy Services of Greater Atlanta. (Agenda Item No. 18-060) (Jim Cregge, Parks & Recreation Director) 8. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and North Georgia Recreation, Inc. (Agenda Item No. 18-061) (Jim Cregge, Parks & Recreation Director) 1 1 Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 3 of 11 9. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Sperber Music. (Agenda Item No. 18-062) (Jim Cregge, Parks & Recreation Director) 10. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Eagle Stix Rec Inc. (Agenda Item No. 18-063) (Jim Cregge, Parks & Recreation Director) 11. Approval of Change Order #1 for the Professional Services Agreement for the Revision of the City's Tree Preservation Ordinance. (Agenda Item No. 18-064) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda Items. Councilmember Hewitt seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 18-0657 (Jim Cregge, Parks and Recreation Director) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Item. Councilmember Bentley seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Alpharetta Athletic Club Owner, LLC., d/b/a Crooked Creek Club, 3430 Highway 9, Milton, Georgia 30004. (Agenda Item No. 18-066) (Bernadette Harvill, Finance Director) Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 4 of 11 i Bernadette Harvill, Finance Director This Alcohol Beverage License is for Crooked Creek Club for the sale of wine, malt beverage, and distilled spirits. The applicant is in compliance and staff recommends approval. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 18-066. Councilmember Jamison seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. 2. Consideration of the Issuance of an Alcohol Beverage License to Guitron Webb Road, LLC., d/b/a Blue River Tavern, 12990 Highway 9 N., Suite 102, Milton, Georgia 30004. (Agenda Item No. 18-067) (Bernadette. Harvill, Finance Director) Bernadette Harvill, Finance Director Blue River Tavern will be moving into the old Bobby G's location. They are applying for wine, malt beverage, and distilled spirits. They are in compliance and staff recommends approval. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 18-067. Councilmember Bentley seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. ZONING AGENDA (None) UNFINISHED BUSINESS Request for Sewer Extension of 4 Lots Located Contiguous to the Manor Subdivision on Hamby Road. (Agenda Item No. 18-040) (Deferred at the January 29, 2018 City Council Meeting) (Steve Krokoff, City Manager) PUBLIC COMMENT The following individuals submitted a public comment card: Tim Becker, 15625 Canterbury Chase, Milton, GA 30004 - OPPOSSED Cleveland Slater, 13670 Bethany Road, Milton, GA 30004 - OPPOSSED Julie Zahner Bailey, 255 Hickory Flat Road, Milton, GA 30004 - OPPOSSED Lori Garrett (only email address given: lorigarrett@me.com) - OPPOSSED Tim Enloe, 13075 Bethany Road, Milton, GA 30009 - SUPPORT 1 Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 5 of 11 Steve Krokoff, City Manager Since this item was deferred, our legal counsel has obtained a waiver of conflict to be able to discuss this issue. We are prepared to move forward tonight, however, the applicant is now seeking a deferral. Mayor Lockwood Are there any questions? Councilmember Bentley I would like to hear the case. We are here ready to go. So, Mr. Jarrard, is the city legally obligated to allow connection to sewer because it is within the 200 feet area? City Attorney Jarrard No. My position has been consistent on that issue for years. A state administered regulation has to yield to the general law of the state and the Georgia constitution. If that were true, that if you were 200 feet away from sewer, you were granted an automatic right to connect to sewer, then that would allow a "leap frogging" in and further in, etc. You could use that analysis all day long and whether or not you had an IGA or not, your whole jurisdiction would be sewer before long. I do not think that 200 feet away from sewer is a rule. Councilmember Bentley These four lots are, in fact, outside the Manor footprint? City Attorney Jarrard I cannot speak to that but that is my understanding. Councilmember Bentley So, the IGA from 2006 disallows Forsyth County to provide sewer service within... City Attorney Jarrard Can I say it a different way and we will arrive at the same point? The IGA is permission. It is permission for Forsyth County to provide a service within a certain geographic area and that would not include this area that is the subject of this agenda item. Councilmember Bentley The other parcel, the 18 acres that is considered part of the Manor, is the location that was supposed to be the private wastewater plant? City Manager Krokoff That is correct. Councilmember Bentley So, that is why the mitigation covenant landed there? Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 6 of 11 1 City Manager Krokoff I can't answer why the mitigation covenant landed there, there were actually quite a few different areas that were sited in the mitigation covenant. If I remember correctly, this was section three, it was just one of the areas, but it is where the large area that has very restrictive covenants which restrict a whole host of activities. Councilmember Bentley So, we can confirm those restrictions? That document was included in our packet? City Manager Krokoff That document, as we found it filed with the court, is in your packet. Councilmember Bentley Are we obligated to enforce the restrictions? Carter Lucas, Assistant City Manager They are enforced by the Army Corps of Engineers. Councilmember Bentley Has the plan that is before us tonight been reviewed by staff? Does it comply with viewshed, floodplain, mitigation covenant, minimum lot size, etc.? Kathleen Field, Community Development Director Staff reviewed the area and there were two subdivision plans. One was an eight parcel plan and the other was a ten parcel plan. I am going to be speaking in regard to the ten parcel plan. With that in mind, we have several comments per our review. We have determined that only two lots, rather than three, can be allowed in the southern portion of the parcel and that is due to the setback requirements for flag lots. In regard to the mitigation area, which is the area shaded in grey, we do not see documentation that allows for an access drive longer than 131 feet in length, which does not reach the southern parcels. We do not see any documentation that extends that driveway any longer than 131 feet. Next, the applicant has not provided proof of exemptions for the construction of utility lines through the mitigation area. There is so little you can do in the mitigation area. You can't even mow the lawn and so, obviously, you would have to serve it with water lines at the very least. And, so, we do not see any proof of that being allowed. Next, the applicant will need to comply with the storm water management ordinance. We do not see that addressed on the subdivision plan. And, lastly, lots 4, 5, 6, and 7 are all located on Hamby Road and do not meet the requirement that 50% of the one acre lot size must be located outside of the floodplain. This is a zoning requirement. It is possible to ask the BZA for a variance to this requirement but that has not been done and it would need to be done. Councilmember Mohrig Kathy, when you talk about those lots 4, 5, 6, and 7 on Hamby, are you saying that, as represented, you could not actually go on those lots based upon the flood plain? 1 Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 7 of i l Kathy Field Correct, you cannot because the lots need to be at least one acre, and half of that one acre needs to be outside the flood plain. And, as we analyzed the flood plain, we did not see that that requirement can be achieved. Councilmember Mohrig As configured as four lots, you could not build it that way based on staff's review. Kathy Field Correct. Councilmember Hewitt At best, you could only build two lots of the flag lots 8, 9, and 10 but you are not even sure there is access past 131 feet. Kathy Field Correct, there is an access issue. Councilmember Hewitt And, it looks like the property line is 735 feet or so. Mayor Lockwood I am assuming that what has been presented is just for illustration only by the applicant. There was not a formal application trying to meet all the requirements, correct? Kathy Field Not at this time, however, we do have the site plan that his engineer provided to us. Councilmember Kunz Regarding lots 1, 2, and 3, on the design there is a septic system, from your estimation, can a house be built on these lots? Carter Lucas I cannot comment about the septic system because we do not have any information on that. I have to rely on what has been submitted by the engineer. From a home construction standpoint, I don't think it is unreasonable. Lots 1, 2, and 3 are out of the flood plain. City Manager Krokoff So, we have touched on the topic of the 200 feet rule regarding taping into sewer; however, Ken, can you discuss the taking issue? Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 8 of 11 1 City Attorney Jarrard Carter Lucas has been very instrumental in discussing this issue with the appropriate individuals from the Fulton County Board of Health. From what I understand the law to be, if it is provided in writing from Milton that there is no available sewer on the areas outside the traditional Manor boundary, then the Fulton County Board of Health will issue septic permits. Carter Lucas The issue regarding tying into sewer that is within 200 feet is a little complicated. The sewer lines are located in Forsyth County. Forsyth County does not have an agreement with Fulton County that requires it to provide sewer in Fulton County. City Manager Krokoff Another issue that was previously discussed during the January 29t` meeting was the information that our outside counsel provided to us regarding Exhibit A, which was the original Manor site plan, and whether or not the minutes from the August 2008 meeting were considered when making his decision. City Attorney Jarrard I do not believe that Mr. Carothers looked at the August 2008 minutes. His assignment was to look at the four corners of the IGA. He would not have known to look at the August 2008 minutes. Motion and Vote: Councilmember Bentley moved to DENY Agenda Item No. 18-040. Councilmember Jamison seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. NEW BUSINESS 1. Consideration of a Resolution to Adopt the North Fulton Comprehensive Transportation Plan. RESOLUTION NO. 18-02-465 (Agenda Item No. 18-068) (Sara Leaders, Transportation Engineer) Sara Leaders, Transportation Engineer Tonight, we have a representative from Kimley-Horn who will give a brief presentation regarding the North Fulton Comprehensive Transportation Plan. u 1 Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 9 of 11 Kimley-Horn This is an update to the original 2010 plan. It is a partnership between the six cities in North Fulton and the ARC. It is a comprehensive transportation plan that spans 20 counties in the Atlanta area. The ARC provides 80% of the funding for the transportation projects in each county. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 18-068. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. 2. Consideration of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Woodwinds Phase Il Final Land Lot 850, 851, 878, & 879 Plat 23 Lots 34.262 .67 Lots / Acre New Providence Road Revision (Agenda Item No. 18-069) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director There is a very minor revision to this plat. It is the Woodwinds Phase II subdivision consisting of 23 acres located on New Providence Road. The only change to this plat is a correction to the utility address on the east side of the entrance. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 18-069. Councilmember Jamison seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. MAYOR AND COUNCIL REPORTS Department Updates 1. Community Development 2. Finance 3, Community Outreach (moved to March 51h meeting) 4. Information Technology Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 10 of 11 Kathleen Field, Community Development Director We are continuing to work on the Unified Development Code. The Zoning Agenda for next month will include: (1) a rezoning from T4 Open to T5 to develop a self -storage facility on Webb Road, (2) the Montessori School on Bethany Bend Road is requesting a use permit to increase the size of the school, (3) a use permit on Birmingham Highway to build 42 condominiums for senior housing, (4) text amendments as it relates to the Crabapple Form Based Code and the Deerfield Form Based Code as it relates to lodging, (5) modify the Crabapple Form Based Code in the T4 zone to allow for office use and, (6) a zoning modification at the southeast quadrant of Birmingham Highway and Birmingham Road. In April, we will have a re -zoning for a self -storage facility located on Webb Road across from Freedom Park. We will also have an amendment to the Crabapple Form Based Code as it relates to an inconsistency of interpretation of the code. Bernadette Harvill, Finance Director Since we have ended our fiscal year and collected property taxes, we are now moving into the Occupational Tax Renewal season and the end of the Comprehensive Financial Report. Property taxes were due on January 12th and we have collected 95%. There are about 640 parcels and about 80 personal properties outstanding. The delinquent tax information was sent to a third party to send notices to these individuals. We normally prepare for a tax sale in June, however, it will be later this year due to the delay in receiving the tax digest from Fulton County. We have not had a tax sale since 2012. We are in the process of sending refund checks to about 180 individuals who overpaid. Occupational Tax Renewals are due on March 31 st and we have already collected 44% which is very good compared to prior years. About 400 businesses have renewed out of the approximately 921 total active businesses we have in the system. We have several home based businesses that go inactive. Our procurement department is in the interviewing process of the Construction Management at Risk for the new Public Safety Facility. Our audit field work has been completed and we are in the final stages of the CAFER that will be published by the March 31St deadline. David Frizzell, IT Manager We have transitioned our old record management system, Optiview, to our new records management system, LaserFiche. We have upgraded our servers bringing them to current standards. We joined the Multi -State Information Sharing and Analysis Center where municipalities join forces to monitor threats to security and data breaching. We were accepted into the Homeland Security Information Network as well. On a federal level, we are receiving notifications regarding where threats exist. We have been able to lower our data costs as we migrate our servers and become more efficient in how we store data. Over the next month, we will be conducting an IT assessment through a third party. They will ensure we.are abiding by best practices and looking for ways we can improve. 1 1 1 1 Regular Meeting of the Milton City Council Wednesday, February 21, 2018 at 6:00 pm Page 1 I of 11 EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss land acquisition at 7:22 p.m. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. RECONVENE Motion and Vote: Councilmember Mohrig moved to reconvene the Regular Meeting at 8:17 p.m. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. ADJOURNMENT (Agenda Item No. 18-070) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 8:18 p.m. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. Date Approved: March 5, 2018 Sudie AM Gordon, City Clerk Joe Lockwo ayor