Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, October 7, 2013 Action Minutes 6:00 PM INVOCATION - Reverend Calvin Odhner, Morning Star Chapel, Milton, Georgia CALL TO ORDER 1) ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Large and Councilmember Longoria 2) PLEDGE OF ALLEGIANCE 3) APPROVAL OF MEETING AGENDA (Agenda Item No. 13-221) Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following changes: Add presentation for Councilmember Lance Large. Page 1 of 5
4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the September 9, 2013 Work Session Meeting Minutes. (Agenda Item No. 13-222) (Sudie Gordon, City Clerk) 2. Approval of the September 16, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-223) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Qk4, Inc. to Provide Right of Way Services for Intersection Improvements at the Hopewell Road Birmingham Road Intersection. (Agenda Item No. 13-224) 4. Approval of the Acquisition of a 0.529 Acre Remainder Parcel at 13795 Birmingham Highway from Margaret E. Dimsdale for a Total Purchase Price of $30,000. (Agenda Item No. 13-225) 5. Approval of an Addendum to the Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the FY 13 Road Reconstruction and Resurfacing Projects. (Agenda Item No. 13-226) 6. Approval of a Professional Services Agreement between the City of Milton and Atkins North America, Inc. to Provide Preliminary Engineering Concept Phase for Crabapple Streetscape Project. (Agenda Item No. 13-227) 7. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 (Alpharetta Highway) at Bethany Bend Intersection Concept Study. (Agenda Item No. 13-228) 8. Approval of a Professional Services Agreement between the City of Milton and Industrial Facilities Solutions, LLC for Stormwater Structure Repairs on Mountain, Dorris and Darby Roads. (Agenda Item No. 13-229) 9. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City s Financial Statements for the Fiscal Year Ending September 30, 2013. (Agenda Item No. 13-230) (Stacey Inglis, Assistant City Manager) Page 2 of 5
Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). 6) REPORTS AND PRESENTATIONS 1. Presentation of State Certification Award to the City of Milton Police Department. (Presented by Mayor Joe Lockwood & Chief Billy Grogan of the Dunwoody Police Department) 7) FIRST PRESENTATION 1. Consideration of U13-02/VC13-03 Deerfield Parkway (West Side), Crescent Communities, LLC. for a Use Permit to Allow the Construction of 256 Multi-family Residential Units and Related Accessory Uses (Sec. 64-1839) and a 2-part Concurrent Variance to 1) Provide 100% of the Site for Apartments (Chapter 64, Division 5.A, 4.6.6.a.ii) and 2) to Delete the Requirement to Provide a Minimum of 300 Cubic Feet of Separate Contiguous Storage Space Shall be Provided to Each Dwelling Unit. (Agenda Item No. 13-231) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other Public Entities. (Agenda Item No. 13-232) (Stacey Inglis, Assistant City Manager) Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) Page 3 of 5
10) UNFINISHED BUSINESS 1. Consideration of T13-02/VC13-05 - 13700 Highway 9 New Cingular Wireless, PCS, LLC (a/k/a AT&T Mobility) Consideration of an Ordinance to Increase the Height of the Tower from 175 Feet to 185 Feet and a Two Part Concurrent Variance; 1) Reduce Tower Setbacks to Allow Existing Tower to be Set Back 26 Feet from Eastern Property Line and 20 Feet from Northern Property Line (all measured from centerline of tower) (Sec. 54-6 (d)(1). 2) Reduce the 20 Foot Required Landscape Strip to 10 Feet (currently existing) (Sec. 54-6 (e). (Agenda Item No. 13-216) ORDINANCE NO. 13-10-188 (First Presentation at September 16, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-216. 11) NEW BUSINESS 1. Consideration of a Waiver of Conflict affirmatively waiving any actual or potential conflict related to Jarrard & Davis, LLP s former service to the Charter Commission upon which Mr. Wallace was a member - and Jarrard & Davis, LLP s present representation of the City against New Providence, LLC, an entity with whom Ron Wallace may have an interest, and otherwise directs Jarrard & Davis, LLP to continue advancing the City s interests in condemnation case, City of Milton v. 0.430 acres of land et al., Civil Action File No. 2013CV227053. (Agenda Item No. 13-233) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-233. Councilmember Large seconded the motion. The motion passed unanimously (7-0). 2. Consideration of a Resolution to Authorize the Mayor and City Council to Approve the Submission of the Letter of Interest for the Congestion Mitigation and Air Quality Program to the Atlanta Regional Commission in Partnership with Alpharetta, Georgia. (Agenda Item No. 13-234) RESOLUTION NO. 13-10-270 (Chris Lagerbloom, City Manager) Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-234. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Page 4 of 5
3. Consideration of a Settlement from Consent Final Order and Judgment of the Condemnation of 0.430 Acres of Right of Way and 0.296 Acres of Permanent Construction and Maintenance Easement and 0.019 Acres of Temporary Construction Easement on Parcel 4 from New Providence LLC, and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $125,000. (Agenda Item No. 13-235) (Ken Jarrard, City Attorney) Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 13-235. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 4. Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board by Appointing a Board Member for District 1/ Post 2. (Agenda Item No. 13-236) RESOLUTION NO. 13-10-271 (Mayor Joe Lockwood) Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 13-236. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION 15) RECONVENE 16) ADJOURNMENT (Agenda Item No. 13-237) Motion and Vote: Councilmember Thurman moved to adjourn the Regular Meeting at 6:55 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Page 5 of 5