Monday, October 7, 20) 3 at 6:00 pm Page I 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 ofthis 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 ofthe 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 October 7, 2013 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Reverend Calvin Odhner, Morning Star Chapel, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: COW1cilmember Thurman, COW1cilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Large. PLEDGE OF ALLEGIANCE 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 COW1cilmember Lance Large. COW1cilmember Kunz seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT
Monday, October 7, 20 J3 at 6:00 pm Page 2 of8 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 ofa 0.529 Acre Remainder Parcel at 13795 Birmingham Highway from Margaret E. Dimsdale for a Total Purchase Price of$30,000. (Agenda [tern 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 Ci ty of Milton and Industrial Facilities Solutions, LLC for Storm water 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)
Monday, October 7, 2013 at 6:00 pm Page 3 of8 Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS 1. Presentation of State Certification Award to the City of Milton Police Department. (Presented by Mayor Joe Lockwood & ChiefBilly Grogan ofthe Dunwoody Police Department) Mayor Joe Lockwood The Georgia Association of Chiefs of Police Georgia Law Enforcement Certification Program (GACP) has re-certified the Milton Police Department. In order for the state to certify or re-certify a law enforcement agency, the agency must meet a set of 129 law enforcement standards, which are reviewed by a team of assessors from across the state. Milton Police Department hosted the assessors in July of 2013 and received the approval for re-certification last week. To complete the agency's re-certification, a team ofassessors was on-site for two days, reviewing agency policies, practices & procedures. The assessment is an in-depth look at everything the agency does - ranging from records information and management, equipment used, officer training and practices, to agency policy and procedures. I would like to introduce Chief Grogan from the Dunwoody Police Department who will be presenting this award to the City of Milton Police Department. Chief Billy Grogan, Dunwoody Police Department I am happy to be here tonight representing the Georgia Association of Chiefs of Police Georgia Law Enforcement Certification Program (GACP). I am the fourth Vice President of the Chiefs of Police. The State Certification Program identifies standards that are felt to be essential to the efficient and effective operation of law enforcement agencies. Participating agencies are expected to implement all applicable standards. Some standards do not apply to all agencies and waivers may be attained in some circumstances. The standards provide a detailed blueprint for professional law enforcement. They are credible, realistic, flexible, effective and under constant review. The standards incorporate contemporary, professional thought and practices in Georgia Law Enforcement. If followed, the goal of increasing the effectiveness and efficiency of the agency seeking certification will be met. The Milton Police Department has completed five of the six steps in the certification process. The amount of time an agency takes to complete the process varies depending on the amount of work that needs to be accomplished and the time that can be committed to the task of drafting and implementing new procedures. The steps of the certification process are as follows: application, policy development and compliance, assessment, Joint Review Committee approval, and award ceremony. Only step six remains which is ongoing compliance monitoring. As you can see, the state certification program is earned by a law enforcement agency that prepares and follows these policies, procedures and processes. These are considered best practices for Georgia Law Enforcement. Of the more than 700 law enforcement agencies in Georgia only 103 agencies have achieved this status. State certification shows that the Milton Police Department has illustrated professionalism in law enforcement. To achieve state certification, the Milton Police Department had to meet 129 standards covering eight areas essential to effective law enforcement. Proof of compliance with these standards must be provided to state certified assessors that make an onsite visit to the agency seeking state certification. All standards that are not waived must be met. The assessor's report is reviewed by the Joint Review Committee which is made up of representatives ofother law enforcement agencies. The Joint Review Committee must approve the
Monday, October 7,2013 at 6:00 pm Page4of8 report before an agency can achieve state certification. This is the re-certification of the Milton Police Department which is quite an achievement. When an agency receives their first certification they establish their policies and procedures. When they receive re-certification, it means that they have adhered to the policies and procedures they established. FIRST PRESENTATION 1. Consideration ofu13-02nc13-03 - Deerfield Parkway (West Side), Crescent Communities, LLC. for a Use Pennit to Allow the Construction of256 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. 13-23J) (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) Chris Lagerbloom, City Manager For the record, regarding First Presentation Agenda Item No. 13-231, the Fiscal Impact Model contains a calculation error. Staffentered 2015 for the year that the project will be completed instead ofthe number ofyears it will take to complete. Therefore, the model was incorrectly calculated. Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) ZONING AGENDA (None)
Monday, October 7, 2013 at 6:00 pm Page 5 of8 UNFINISHED BUSINESS 1. Consideration oft13-02nc13-0s - 13700 Highway 9 - New Cingular Wireless, PCS, LLC (alk/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)(l). 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) Chris Lagerbloom, City Manager This is the first opportunity for you to consider a tower modification as part of the ordinance we adopted in recent months. This is regarding colocation by either increasing the height of an existing tower or removing a tower and replacing it at another location. The applicant has demonstrated that there are coverage issues. This request is to increase the size of the tower that already exists at 175 feet. The applicant wants to raise the tower to 185 feet. The two variance requests are to maintain the tower that currently exists. The towers were not built under the City of Milton code so the variances are needed to meet the requirement of our code. The applicant is asking for your approval to increase the height of the existing tower by 10 feet. The tower will not be lit because of this increase. PUBLIC COMMENT Melissa Perignat, Holt Ney Zatcoff & Wasserman, LLP, 100 Galleria Parkway, Suite 1800, Atlanta, GA I am representing AT&T in connection with this application. There is not any more to add to the discussion. We are only asking to increase the height of the tower by 10 feet and allow it to maintain in its current condition which would require the variances. Additionally, we want to thank the City Staff for all their cooperation and work they have done working on a new wireless ordinance this summer. We are pleased to be the first application to go through this process. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-216. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).
Monday, October 7,2013 at 6:00 pm Page 6 of8 NEW BUSINESS 1. Consideration of a Waiver of Conflict affinnatively waiving any actual or potential conflict related to Jarrard & Davis, LLP's fonner 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 ofland et ai., Civil Action File No. 2013CV227053. (Agenda Item No. 13-233) (Ken Jarrard, City Allorney) Chris Hamilton, Jarrard & Davis This is simply a Waiver of Conflict. We want the City Council to know that Mr. Wallace was on the Charter Commission and we represented the Charter Commission. Mr. Wallace may have an interest in New Providence LLC regarding land that was condemned in this particular case. We request that the Waiver of Conflict be granted to the extent that there is any conflict. Motion and Vote: Council member 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) RE OLUTTON NO. 13-10-270 (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager This was brought to us by the City of Alpharetta. It is a grant they want to apply for that would complete the funding for the Windward Parkway Phase II. This intersection improvement would extend three lanes west to Deerfield Parkway. The North Fulton CID gave a presentation at our last meeting indicating that the total cost of the project is slightly less than $5 million. There has been some funding secured at the state level. Alpharetta took the lead to find this grant and they suggested that we might be interested in partnering with them. We have seen in the past that a city has a better chance of receiving a grant if the application is in a partnership with another city. Carter Lucas, Public Works Director, and I looked at the traffic pattern in the area of the projected intersection improvement and concluded that the improvement would have a positive impact on Milton. The data does not support a 50/50 split but it does support a split in the matching funds on a 60/40 basis. This would be a Milton match of$213,600. This is a fairly reasonable investment on a $5 million project. We are asking for your approval to authorize a Letter of Interest. This is just the first step in a series of steps before we would ask you to approve this funding.
Monday, October 7, 2013 at 6:00 pm Page 7 of8 Bill Lusk, Councilmember I think this is a good opportunity to collaborate with the City of Alpharetta. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 13-234. Council member Thurman seconded the motion. The motion passed unanimously (7-0). 3. Consideration of a Settlement from Consent Final Order and 1 udgment of the Condemnation of 0.430 Acres of Right of Way and 0.296 Acres of Pennanent 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 Atlorney) Chris Hamilton, Jarrard & Davis This agenda item coincides with the previous Conflict of Waiver. We believe that this is a good resolution to this condemnation case and we are asking for your approval. Karen Thurman, Councilmember Is this the last parcel in this intersection improvement? City Manager Lagerbloom Yes, it is. This is the final acquisition for the Binningham HighwaylProvidence Road intersection improvement. This settlement agreement eliminates the City of Milton from any additional funding requirements in the future regarding this parcel. We have settled this dispute with good faith on both sides of the agreement. We can now move forward with the intersection improvement. 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. 13-10-27 1 (Mayor Joe Lockwood) Burt Hewitt, Councilmember I would like to ask your consideration for an appointment on the Milton Design Review Board. However, first of all, I would like to thank Karl Haase for the time that he has given us on the Design Review Board. He is leaving the board to pursue other interests. Therefore, Richie 10hnson has agreed to take Karl's position on the board. Richie is from Georgia and graduated from the University of Tennessee with a B.A. in Political Science.
Monday, October 7,2013 at 6:00 pm Page 8 of8 With ten years' experience in the public, private, and non-profit sector he currently works in telecommunications. He is active in multiple Chamber of Commerce committees across the state and serves on the Crabapple Community Association as a Board of Director. He is married to Allison, a first grade teacher. They live in Crabapple and have a newborn son, Tripp. They attend Alpharetta First United Methodist Church. I am asking for your consideration to appoint Richie Johnson to the Milton Design Review Board. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 13-236. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). MA YOR AND COUNCIL REPORTS ST AFF REPORTS EXECUTIVE SESSION (None) 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). After no further discussion the Regular Council Meeting adjourned at 6:55 p.m. Date Approved: October 21, 2013. Sudie AM Gordon, City Clerk Joe Lockwood, Mayor