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HomeMy WebLinkAbout04-15-2010 regular meeting "..., City Council of Peachtree City Minutes of Meeting April 15, 2010 7:00 p.m. The City Council of Peachtree City met Thursday, April 15, 2010, in the City Hall Council Chambers. Mayor Don Haddix called the meeting to order at 7:00 p.m. Council Members present: Vanessa Fleisch, Erik hnker, Kim Learnard, and Doug Sturbaum. Announcements, Awards, 8Decial Recol!nition Mayor Haddix proclaimed May 4' as "Honor Flight Fayette Day" in Peachtree City. Gail Sparrow and John Cash accepted the proclamation. Haddix recognized Keep Peachtree City Beautiful (KPTCB) Executive Director Al Yougel for the chapter's receipt of Keep America Beautiful's 2009 President's Circle recognition. Police Chief H.C. "Skip" Clark recognized Raquel and Kenneth Rainbow, who reported suspicious activity in the Kedron shopping center parking lot, leading to the arrest of suspects. Raquel Rainbow and her daughter Emily accepted the award. Fire Chief Ed Eiswerth recognized Aaron Housley, who received the Citizens Achievement Award for saving the Baker family from a fire in their home on April 1. Scott Verock was sworn in as a police officer by Mayor Haddix. Police Officer Chris Hyatt was recognized as the Employee of the Month. Housing Code Official Tami Babb was recognized for receiving Levell certification for Code Enforcement Professionals. "..., . Haddix announced that the City's efforts to have the Georgia Department of Community Affairs (DCA) designate City's Industrial Park as an economically-challenged area had been approved, which meant current businesses that expanded or new businesses locating in the park could receive a tax credit of up to $3,506 for each new job that was created, compared to the $500 available for the remainder of Fayette County. He continued that Peachtree City was the only Tier 4 city in the state that had an Industrial Park designated as Tier I. Haddix noted that Council Member Sturbaum had prepared the packet. Mark Hollums, chairman of the Development Authority of Peachtree City (DAPC), pointed out that warehouses and distribution, research and development, technology, tourism, and development businesses were among the types of businesses that could receive the tax credit. Retail was excluded. Hollums thanked Sturbaum for his work and presented him with a certificate of appreciation from the DAPC. Sturbaum said the City would need to reapply for the designation each year. Citizen Comment Al Yougel gave an update on the March activities for KPTCB. He noted that the Peachtree City Chapter of the Order of DeMolay cleaned up trash in the woods on Newgate Road on March 18. Peachtree City First Presbyterian Church painted fences and cleaned up various parks and fields in the City on March 20, and Wal-Mart cleaned up the Line Creek Office Park area on March 25. Recycle bins were placed at McIntosh High School in March, and 655 hours of community service were performed for the month, bringing the total hours from April 2009 through March 2010 to 5,178. "...., Al!enda Chanl!es Sturbaum asked to continue indefinitely New Agenda Item 04-10-10 Discussion of Amendments to Code of Ordinances - Chapter 42 Health and Sanitation for further study. Learnard seconded. City Council Minutes April 15, 2010 Page 2 Minutes March 12 & 13,2010, Retreat Minutes April 1, 2010, Regular Meeting Minutes Sturbaum moved to approve the March 12 & 13, 2010, Retreat minutes and the April 1,2010, regular meeting minutes as written. Fleisch seconded. The motion carried unanimously. Consent Al!enda 1. Consider Budget Amendments - FY 2010 2. Consider Appointmentsto DAPC - Mike Murtaugh, Alternates Carl Adams, Lee Whetstone Haddix noted there was an additional item on the agenda - the staff memo concerning the appointments to the DAPC. Learnard moved to approve the Consent Agenda. Sturbaum seconded. The motion carried unanimously. New Al!enda Items 04-10-09 Consider Amendments to Chapter 78 Traffic Haddix noted there were two additional documents on the dais - a letter of support from the Board of Education and additional wording for the proposed amendment. Interim Community Development Director/City Planner David Rast addressed Council, asking them to approve the ordinance, which would allow the City to prohibit parking golf carts on the multi-use path system in areas that had been signed and designated as "no parking." He continued that the City had received complaints from the residents in the area of McIntosh High School, as well as other ,....., path users. Rast continued that staff met with Mike Satterfield, facilities director for the Board of Education (BOE), and staff had assisted the school in coming up with a plan to increase parking at the school for golf carts. The current area would be re-striped, and another section would be added to the parking lot, adding another 60 - 80 spaces. Staff had spoken to some of the residents who had complained, and they were in favor of prohibiting parking on the path system. He noted Lexington Circle's owners had prohibited parking on their streets in an effort to end a litter problem, which resulted in an increase of parking in the other areas around the school. Rast said staff recommended adding the following amendment to the Code of Ordinances: Sec. 78-17. (d) Parking restrictions. Golf cart parking shall be prohibited from parking on or adjacent to the city's multi-use path system in those areas which have been identified and properly marked as no parking areas and have been approved by city council. Rast noted that the phrase "approved by city council" had been added to the proposed amendment that day. The amendment would allow Council to prohibit parking in areas that were identified as having an issue. City Engineer Dave Borkowski said having the carts parking along the paths created narrow pathways and limited accessibility for other users. Litter in those areas had increased, and the school could not monitor off-site parking areas used by students. He showed an aerial photo that showed the areas where the parking should be prohibited. Parking would still be allowed on City Council Minutes April 15, 2010 Page 3 ..... Prime Point. Imker asked why Prime Point was not included. Borkowski said there was not a path along Prime Point, and there were areas on the street designated for parking. It was also an area used to access the school's athletic fields. Copies of staffs PowerPoint presentation are included in the official meeting file. Leamard asked how many parking spaces would be added to the school's lot. Rast said another 60-80 spots would be added by re-striping and expanding the existing lot, possibly more. Staff had also suggested the spots be numbered in the same way the parking spots were issued for cars. Currently, the golf cart parking was on a "first come, first served" basis. A numbered space and parking permit would allow students to have a designated space. Currently, students who arrived late to school had to park where they could. The BOE and McIntosh's assistant principal supported the amendment. Rast added that staff did not want to implement the parking prohibition immediately, but it should be in effect for the next school year, giving the school time to get the word out to students and parents. Satterfield had told staff the work on the parking lot could be done in-house during the summer. All indications were the BOE was ready to move forward. Borkowski added that staff recommended the effective date of the proposed amendment be July 1. Fleisch asked if there was any idea of how many carts would be affected. Leamard said she had gone by the school that day and had done a spot check. She found 30-35 carts in one area that needed a parking space on the school grounds. If the additional spaces were added, the parking should be manageable. ~ ti Beth Pullias asked if the ban on.the parking was only for the school year or year-round. Borkowski said it would be year-roUnd. Al Yougel said that KPTCB cleaned up trash on the paths between Lexington Circle and McDonald's weekly. It was atrocious. If prohibiting parking would help the litter issue, he supported it. Scott Simon said the 30-35 carts were parked by his house. He had tried to work with the school, but he had carts in his yard, driving through his trees and over his plants. The re-striping of the parking lot and the ordinance were a good solution to the problem. Sturbaum said he could not support the proposed ordinance. The parking lot was full. The BOE should go through with the plans for the parking lot, but the kids should have a chance to use the additional parking on school grounds before approving an ordinance to prohibit parking. If they did not use the additional spaces and continued to park off the school grounds, then there would be a problem. Leamard said she was counting on the BOE doing the work in the parking lot during the summer. City Manager Bernard McMullen clarified that the City was not doing any of the work, but the BOE was to do it. City Council Minutes April 15, 2010 Page 4 !"'"" Fleisch was concerned that the students would park on the public streets in Southern Trace and Governor's Row if parking was prohibited on the paths and the work on the parking lot was not done. Haddix pointed out that parking a golf cart to go school was not a right, it was a privilege. Sturbaum agreed, but said if the City ordinance drove the unacceptable behavior, then the privilege became a problem. The BOE made it clear that they did not have the personnel to monitor off-campus areas. He felt the City should continue to push the BOE to fulfill its commitment, and when the parking lot was done, the ordinance should be passed. Haddix said the amendment could be approved contingent on the completion ofthe work on the parking lot. Leamard said McIntosh worked hard to accommodate students with space for their vehicles. Approving the ordinance now gave time to get the word out. The parking permits were $50 per year for a golf cart and $60 per year for a car. The students could plan accordingly. Rast said that the assistant principal.had asked that the Council pass an ordinance that would not allow the students to park on the paths, so they would have to park at the school. During the summer, the permits would be sold during the registration process. He believed the school felt that prohibiting parking on the paths would be an impetus to get the spaces filled. Haddix said Council's obligation was to the citizens. It was a problem. If the choice was between parking for a golf cart or the peace of mind of a property owner, then the property owner won in his mind. "......., Connie Haynes said the work on the parking situation was a positive incentive to induce kids to get the permits. Currently, there was not a negative incentive. Approving the ordinance and issuing tickets would be a negative incentive. Now, the kids were saving $50 by parking their carts along the path. The word would be out before the end of the year and in the summer that it would behoove them to carpool, take the bus, or get a parking permit. Sturbaum said he would feel better if there was a date or a commitment to get the work on the parking lot done. His concern was if the work was not done by August 26, then the City would have put the students in the mode of unlawful behavior. Haddix asked Rast if he could get a firm commitment from the BOE on the work in the parking lot by the May 6 meeting. Rast said he would do his best. Leamard did not see the point in waiting. Someone had to go first and make the decision. Robert Brown, stating that he lived across from McIntosh High School, said no carts were currently parking on his street; however, there were cars that parked there on football game nights, which could be a problem. He said if the re-striping did not get done before school began in August, then Council could delay the implementation of the parking ban. Approving the proposed ordinance that night would give everyone time to adjust and get the word out before the current school year ended. ~ Leamard added that if the BOE did not get the work in the parking lot done before school started, then they could not park on the paths, which would give the school a different situation to handle. Haddix agreed. The school was responsible for its students and property. Council had a responsibility for its paths and citizens. City Council Minutes April 15, 2010 Page 5 ~ City Attorney Ted Meeker pointed out that the wording in Section 4 of the proposed ordinance required the ordinance go into effect immediately. He asked Council, stating the motion, to revise the wording in Section 4 to delay the effective date of the proposed ordinance until July 1. Beth Pullias said the effective date should be deferred since the golf cart parking spaces/permits were on a first-come, first-served basis, and there were not enough spots for everyone. Leamard moved to adopt the amendments to Chapter 78 Traffic with an effective date of July 1. Fleisch seconded. The motion carried 4-1 (Sturbaum), 04-10-11 Discussion of Vacant Structure Registration Ordinance Rast said the proposed ordinance had been discussed at the February 2 workshop, and Council had directed staff to work on the ordinance. He said Housing Official Tami Babb had researched the issue, adding that staff was trying to be proactive in residential areas. Other municipalities with vacant structures had problems with vandalism, graffiti, theft, and illegal activity. Staff had wanted to come up with standards to identify vacant structures, requiring owners to register them with the City for leeway and authority to inspect the structures to ensure they were secure and no illegal activities were taking place. Rast said one of the issues was how to determine whether a structure was vacant, including the obvious evidence such as overgrown/dead vegetation, the accumulation of abandoned real property around the house, talking with neighbors, stockpiles of newspapers in the driveway, and the disconnection of utilities. He continued that Babb had a rapport with the utilities so she was usually aware ofthose. r"""""1 Rast said that, after a structure was identified, Babb would track the structure for 180 day, then notify the owner in writing that it had been determined the structure was vacant. The owner would be required to register the property with the City, providing a maintenance plan and paying a nominal fee to monitor the property. The intent was not to hound property owners, but to maintain the character of neighborhoods, ensuring the structures were sound and to make it look like someone was living on the property. Rast noted there would be three exceptions to the proposed ordinance - if there was an active building permit for remodeling/repair for the structure, if the structure was being marketed for sale/lease by a licensed broker or owner for less than 12 months, and if the structure was under contract for sale or lease for less than a l2-month period. The City would still monitor the appearance. Rast said the intent was to get something on the books to start the program. The program would be monitored, and staff would come back to Council if the ordinance needed enhancement. Many jurisdictions were requiring this type of registration, and the draft ordinance was modeled after an ordinance from Arlington, Texas. They had also included some items from cites in Georgia. Staff was presenting the ordinance for feedback. Staff intended to bring the ordinance to Council for adoption on May 6. ~ . Sturbaum asked if there was an outline of the fee structure yet. Rast said they had a concept that was comparable to the building permit fees, but he did not have the information. Staff did not know how much time would be needed to enforce the program, so an initial fee might be brought forward that could be changed. City Council Minutes April 15, 2010 Page 6 ~ Haddix said there was an increasing problem with tracking down owners when there were problems with structures, and that, plus safety, was the motivation for the ordinance. Sturbaum said it would help protect property values. Vacant and abandoned structures added blight, and it cost money for staff to track down the owners. Fleisch said the proposed ordinance and the fee structure for citations that was approved April I gave Code Enforcement teeth. She said there were foreclosed homes in the City with broken windows and other problems, especially in older neighborhoods. In addition to the period when people moved out of foreclosed homes, there was a "neverland" period regarding who really owned the property. Rast said it also gave the Housing Official the ability to follow the vacant structures and let the Fire and Police Departments know where the structures were and the condition of the homes. Fleisch asked about gaining entry to the structures that were registered. Meeker said that, typically, the proper course of action to enter a house was to get a warrant. The majority of the time Code Enforcement had the permission of the occupant or owner to enter a structure. A warrant was not needed to see issues on the outside of a structure. Al Y ougel said the benefits were obvious. He asked. if anything was being considered for undeveloped areas. Rast said that was something the City needed to look at. Staff was restructuring and suggesting amendments to ordinances to alleviate issues and to put ordinances ~ in effect that would allow Code Enforcement to cite the owners. Sturbaum said he and the Mayor had had several discussions on what to do about vacant property, and the proposed ordinance was the first step. Connie Haynes noted that she worked for the state's Environmental Protection Division in a regulatory capacity, and that, in general, those laws would be under the litter ordinance required for entities located within the Metropolitan North Georgia Water Planning District, as well as the City's illicit discharge elimination ordinance. Rast said staff would look at those sections to see what the ordinances covered and whether additional information was needed. Haddix asked if staff had the guidance that was needed. Rast said yes. ...... ~.. Council/Staff Tonics Hot Topics McMullen said that the work on the Wisdom Road shoulder was going very well. The installation of the water line would be completed by the next day. The paving would be done the next week, and landscaping would be done the following week. It should be completed by May I, and the completion date in the contract was May 23. The concrete for the exercise equipment at Huddleston Pond was drying, so it should be available for use by the next day. The Lake Peachtree Usage Committee would hold its first meeting on April 29. It would take about three days to install the additional guardrails required by the Georgia Department of Transportation on the SR 54 WestlCSX cart path bridge, and the work should be done by early the next week. The City Council Minutes April 15, 2010 Page 7 t""" final inspection would be scheduled for the next week. The guyed wires on the two AT&T poles would also be moved the next week. McMullen said the cart path should be in use by the next week. The official opening of the bridge and paths was scheduled on May 2. The notice to proceed on the ramps and cart paths to the Paschall RoadJSR 74 tunnel should be sent the next week. McMullen said DOT planned to mail the encroachment permit paperwork to the City the next day. It would take the contractor a week or so to mobilize, and work should begin around May I. The easement needed between Georgia Power and FC&A had been signed and delivered. Only one final easement was needed from the Post Office, and it was slowly moving through their system. He hoped to have it by the May 6 Council meeting. The construction time on that project was 90 days. Leamard asked if there was a completion date for the Braelinn Village makeover and whether there would be a grand opening. Mark Hollums said a grand opening was scheduled to coincide with the July 4th parade. Sturbaum noted there had been a coyote sighting during the day and asked McMullen to check with the County to see if there were any possible issues with that. Connie Hayoes said the Wildlife Resources Division would not take care of coyotes, but the City could hire a trapper. The game laws were generally open about it. Robert Brown added that coyotes that were captured also had to be killed due to rabies issues. ~ Haddix added that the Board of Health had denied an ordinance amendment that would allow easements for the placement of septic systems. Sturbaum moved to convene in ~xecutive session for pending or threatened litigation and personnel at 8:25 p.m. Fleisch seconded. The motion carried unanimously. Sturbaum moved to reconvene in regular session at 8:45 p.m. Learnard seconded. The motion carried unanimously. There being no further business, Sturbaum moved to adjourn the meeting. Leamard seconded. The motion carried unanimously. The meeting adjourned at 8:45 p.m. ~ ~~iX'~~ -