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HomeMy WebLinkAbout06-07-2012 regular meeting ~ City Counc:i1of Peachtree City ~ Meeting Minutes June 7, 2012 7:00 PM The Mayor and Council of the City of Peachtree City held their regular meeting on June 7, 2012. Mayor Haddix called the meeting to order at 7:00 p.m. Other members attending: Vanessa Fleisch, George Dienhart Kim Learnard, and Eric Imker. Announcements. Awards. SDecial RecOQnition Haddix and Police Captain Stan Pye" recognized the most recent graduates of the Citizens Police Academy program. Pye noted the program began in 1992 and gave citizens a look at the operations of the department. Over 200 citizens had participated over the years. There would be an advanced program beginning in the fall. Public Comment Steve Thaxton of Smokerise Trace said he had requested at the last meeting that the Mayor repay the approximately $10,000 for his legal fees at the last meeting, and made the same request that evening. Aoenda Chanoes There were none. Minutes Learnard moved to approve the minutes of the May 1, 2012. Workshop and the May 17, 2012, Regular Meeting. Fleisch seconded. Motion c6rried unanimously. Consent Aoenda 1. Consider Alcohol License - NEW - GrQndCclfe, 282 Highway 74 Learnard moved to approve the Consent Agenda. Fleisch seconded. Motion carried unanimously. Old Aoenda Items 05-12-09 Discuss Lake PeachtreeSedimeot Removal Dienhart said he had received numers:>us commElnts ()pposed to expanding/adding an island. Imker said he concurred with using Drake Freid to remove the silt. Haddix agreed, but noted the agenda item indicated public comment would be accepted. Haddix also noted the Recreation and Special Events Advisory Board also supported tt1at position. Bill MacDonald said he was the chair <;>f the Dragon Boat Races and International Festival committee. His concern with using Drake Field was to make sure it would occur during the winter off-season. He noted there were many events during the summer at Drake Field, culminating with the Dragon Boat Races on September 22. Jim Dye said he lived on the lake across from the existing island. He was pleased with what he had heard from Council. Seeing what went on with the younger residents on the present island, he felt the activity should not be encouraged by bdding another island. Dan Kraus said he was pleased there would not be another island. He asked if this was the best time to have this size of an expenditure and asked if the source of the siltation was being addressed. He felt the drawbacks, to dEllaying dredging were cosmetic, and the project could be postponed. This was a recurring cost and he asked thpt Council consider whether itwasthEl right economic decision for the County at this time. City Council Minutes June 7, 2012 Page 2 Keith Larsen noted he had sent a short presentation to Council. He acknowledged that the community loved the lake, but he felt the wrong question was being asked. There was nothing on the table to discuss the sources of the sepiment and ways to reduce future costs. One of the biggest problems was the erosion of the eastern shore. He felt a good alternative would be to pump some or all of the sediment along the eastern shore to stabilize the tree line. The City heeded to work with residents in looking at ways to enhanc;e the lake, and he asked Council to inquire about this option with the engineering firm. . George Martin represented the Triathlon that held two annual events at Drake Field, each with approximately 1,000 participants. He said the club was primarily concerned about the timing of the dredging and asked the City to considerthe spring and fall events. Fleisch said she had asked Public Services Director Mark Caspar about moving the dredging to 2014 and if that would help with the scheduling. Martin said it would help because Lake Mcintosh would probably be filled and would offer an glternate location for some of the events. Marcia Brown said she lived directly behind the existing island. She felt the existing island created a liability. The City had originally maintained the island, but had not done so for several years. Now the trees had grown up, hiding teenagers who did not want to be seen. The police could not get to the island and had to wait for the children to return from the island. There had been bonfires, forts, tents, parties, screams at 3:00 a.m. She applauded Council's decision not to add to the island, but asked that they consider clearing the existing island and making some assurances that islands were off the table in future years. Otherwise, there would be the same temptation in the ensuing eight-year periods to add to the island or create another. Jack Finn asked Council to remove silt and not dump any more into the lake. Caspar said removing the silt via Drake Field had been the preferred method for the County, but they had asked the City for its choice in the matter. This was now the City's preferred option, so the timing of the project was the only remaining question. Haddix asked Caspar to address the origin of the siltation problem, and Caspar said it primarily came from stream bank erosion, which was a naturally occurring process. This was evident on older farms that had meandering streams, which had removed sediment from one side of the stream and replaced it on the other. Fleisch asked about cI~aning off the i~land. Caspar said he wanted to check on the permitting that would be required, noting this elemenT would have to be something the City undertook versus asking the County to do it. Ed Outlaw, Shadowwood Lane, said h~ was also involved in the Dragon Boat Races in September. He said postponing the project until Lake tv"clntosh was available would help in scheduling future events. Learnard confirmed with Caspar that the project would not begin before September 22 of this year. Imker asked about the timing of Lake Mcintosh. Caspar the last notification he received from the County indicated they were looking at a fill-time of two-years following approvals on the dam, which were expected in mid-July. Haddix noted that weather would remain a factor in completing and filling the lake. City Council Minutes June 7, 2012 Page 3 ~ Imker noted that the dredging would be done by Fayette County. Peachtree City residents would contribute vIa County taxes, but note? the project would not impact the City's budget. The School Board budget was a completely separate entity from both the County and the City. :% Haddix said Council seemed to be on the same page regarding the use of Drake Field for dredging and asked when they should request the project. Fleisch asked abOut the 2014 date. Learnard said that she would like more information I?efore a delay of. that length, but reiterated the project would not begin before the September 22, 2012, event. New Aaenda Items 06-12-01 Discuss Request from R~~ident to Consider Selling a Portion 6fPlafted Greenbelt Planning and Zoning Administrator David Rast said Ming Lu of 706 BostOnidnTerracein Centennial had presented a request related to an unUsual situation in the City. His lot drOpped off 15 to 18 feet from the street to the rear property line. The greenbelt contained a large stand of bamboo that was growing into Lu's property. The neigtLboring property had been extended prior to the home being built. Lu was asking to purchase a segment of City-owned greenbeltto extend his lot to the same line as his neighbors to allow him to improve the existing deck. Rast indicated that there were no engineering issues relative to the request and the City still would have maintenance access to the pond in the greenbelt. Haddix asked about the neighbor's property. Rast said the lot was replatted prior to the home being constructed or the final plat that dedicated the greenbelt to the City. Haddix expressed concern about setting a precedent. and Rast said staff shared that concern. There had been cases in which residents ha? made the improvements in the greenbelt without asking, and had. to ..c;()rne t)ockto request ayari9nc;e.. ..I.n. t~()s~cases, Council had not supported selling greenbelt. However, this situation was different from most lots. . Imker felt that there were enough unique factors not to make it a precedent-setting decision. Learnard disagreed, noting the packet usually contained a six-point litmus test on granting this type of thing. Rast said staff was not that far along in the process and there were still several steps the Lus would have to take. City Attorney Ted Meeker clarified that this was just an initial requestto see if Council had any interest in moving forward. Learnard asked Wit would set a precedent or if it had been done before. Rast noted a couple of situations in which greenbelt had been traded to get existing paths on City property. Dienhart felt this was a different situation. Fleisch asked why Wieland had replatted one lot but not the other. Rast said he did not know, but thought there might have already been a contract on the Lu's house (the Lus were not the original owners), and the other lOt did not have one. Rast also noted that the Lus had a deck that complied with the existing setbacks, bUt a portion was not usable. Mr. Lu wanted to add a covered section that would encroach into the existing setback, and staff had proposed a variance request. However, a variance would not address Mr. Lu's desire to level the back yard and make it usable. Imker said there was a citizen who waQted to improve his property, which, through no fault of his, had not been expanded by the builder priQr to construction as the neighboring lot had. He felt a variance would set more of a precedent based .on the specifics of the case. He wanted to support the citizen. Fleisch noted that Georgia was a cav(:?at emptorstate~ and buyerspurchased property "as-is.'" She felt selling greenbelt would set a preceoent. Imker said they should make it clear that this did not set a precedent. Haddix said he felt this wqs much different them granting a variance, and was something Council had never done before. City Council Minutes June 7, 2012 Page 4 Robert McLeston addressed Council qnd said he owned the lot next door that had been expanded prior to the construction of the home. . When he purchased the lot, it was as it currently was. He said Lu purchased his lot at a considerably lower price due to the lot size. McLeston said he had concerns about trees being removed from the expanded area, which would enhance Lu's property but detract from his own. He was also concerned about Lu adding retaining walls, which could reroute water onto his property. Haddix asked if McLeston was part of. the Homeowner Association and if they had taken a position. McLeston said he was on the HOA and they had no prior notice about the request. Haddix said he always wanted comment from an HOA before approving anything. Learnard said everyone knew the limitations of their property when they bought it, but she could not see any reason to sell City greenbelt. She said she would like to hear from Mr. Lu, but felt they could not selling greenbelt. Mr. Lu said he purchased the house 01') the courthouse steps, and his main goal was to make the land usable and prevent the bamboo roots from encroaching into his foundation. Rast noted the overhanging trees could be trimmed at the property line. Fleisch agreed that they could not begin selling greenbelt. While she understood the situation, the Lus purchased the property that it was cgnfigured this way. Imker asked if the City had changed plats previously, and Rast confirmed this. Qienhart asked what circumstances were. Rast said it had not been done after a plat had been recorded. The plat had a two-year maintenance window before the City assumed responsibility. The only other times were instances when there had been a discrepancy in the adjoining property lines or an issue of an easement. Rast said it was not something that was done regularly. Dienhart agreed that the City should not begin setting this type of precedent. Haddix asked if they needed to vote. Learnard noted thqt four members had indicated that they were not interested in selling any greenbelt. 06-12-02 Consider Bid for Tennis C;erlter ~.o.C)f. RestoratiC)n City Engineer Dave Borkowski said staff was recommending that Council award the bid for Tennis Center roof restoration to N-TEC Systems for a lump-sum amount not to exceed $174,900. Borkowski continued that the covered }:ourts were approximately one acre in size. The roof and gutter system had been leaking for some time, eliminating the courts' usefulness during the rain. The project went out to bid on May 4, and 12 firms attended the prebid meeting. Five bids were ultimately submitted, ranging from N-TEC's low bid up to almost $400,000. The proposed method was a waterproof membrane that would gQ over the roof. The process would take approximately two months to complete due to it being q temperature-sensitive installation and would be impacted by wind. Borkowski continued that funding was'available in the capital project account. The project came in at approximately $6,000 over the esttmate, and those funds could be allocated from the Facilities Authority bond. ~ Learnard asked if the courts would ~eclosed for the duration Qf.the project. Borkowski said they would still be usable, but the contrac;torwould hayefoworkwithcaution. Learnard asked if the skylights would be removed, and Borkswski confirmed that they would. Imker said he was expecting a $200,000 project and was pleased that it came in lower than that. """,.." City Council Minutes June 7, 2012 Page 5 Learnard moved to award the Tennis <;;::enter. roof. restorati(x"I . tg N-TEC. Systems for a lump-sum amount not to exceed $174,900. Imker seconded. Motion carried unanimously. 06-12-03 Consider Approval of Agreement with SelediveDesigns for Construction of Founders Corner Public Information Officer/City Clerk Betsy Tyler reviewed the History Time Line Project. noting that the committee had raised the $20,000 for the Cowan and Farr busts, which were completed and paid for. The committee had raised $17,500 of the Council-approved $35,000 for the Founders Corner and History Time Line, and was ready to mQve forward with the Founders Corner. Committee member Jerry Peterson had completed the design for the Founders Corner and asked for quotes from two local firms for installation. Selective Designs had submitted a quote of $6,403 to install the stone wall, brick pavers, and the pedestals for the busts. There. would .need to be some electrical relocation, the purchase of one or rrjore bronze plaques, and the acquisition and installation of a lamp post and landscaping as part of this phase of the project. The City Attorney had indicated that, since this was a project on City property, Council needed to authorize the agreement with Selective Designs. The committee was asking that Council approve the agreement and authorize expenditurl? of up to $15,000 toward the Founders Corner portion of the project. Fleisch moved to approve the agrceement with Selective Designs to move forward with the construction of the Founders Corner ih ahamount not to exceed. $15,000. Dienhart seconded. Imker recused himself from the vote due to 0 recent personal contract with the firm. Motion carried 4-0-1 (Imker). 06-12-04 Consider Ren9vationof):ormer Recr~CJfiC)nAgn'llflisfl'gfiC)n~~lI~iflg Community Services Director Jon Rorie said staff was recommending moving forward with renovations to use the now vacant building for$enior services, Therernocielin<:;.ILJd~d structural upgrades to change the building from an office use to allow for other uses ($102,200) and a sprinkler system would be required ($92,500). Some elements had changed. Staff was recommending that the drive-under portico ($114,000) be removed and stoff was lookingot the purchase of a canopy ($4,500). The rear stairway tower and rear parking had qeen removed from thE;l plan. The existing stairway on the side of the building needed significant repairs because it was separating from the building. Staff was recommending retaining the drop-offprive to the front door and the expansion of the side parking lot and conversion of all the spaces to handicapped spaces. He said he felt the City Engineering Department could design the drop off and parking area, and Public Works could instgll both separate from the design and construction contract. Phase II of the project would include renovations of the lower level (after discussions with Fayette Senior Services) and the installation of the elevator and restrooms downstairs. These changes would ultimately redLlce both the design and the construction costs of the project. Staff was asking Council to authorized Pond & Company to design both phases of the project. Funds were included in the Facilities ALJthority Bond. The design would take eight to ten weeks, putting Phase I construction during the winter months. ~ Fleisch noted that the overall cost Vo{as $68 per square foot for the work at this building and the Gathering Place, versus $226 per square foot if the City had pursued an expansion at The Gathering Place. City Council Minutes June 7, 2012 Page 6 Fleisch moved to approve Pond 8. Cofnpany to develop plans for Phases I and II of the renovations to the Recreation Administration Building' Dienhart seconded. Motion carriedunanimotjsly. 06-12-05 Consider Canc:~ngti()n9f~uly 5 & July 19 Council Meetings & Adding July 12 Meeting Learnard moved to cancel the meetirfgs on July 5 and July 19,2012, and to schedule a Special Called Meeting on July 12, 2012. Fleisch secol1ded. Motion carried unanirnoLJsly. 06-12-06 Consider Salary Adjustment for Mayor Haddix \mker said the City now a budget shortfall of over $12,000 as the result of some unexpected expenses. The proposal before them included [pwering the Mayor's salary to compensate for the $12,155 to compensate for recent expenditures.'lmker noted at least 17 bills from the City Attorney that added expenses to the Haddix lawsuit disc::::u~.s~g at th~previous meeting, as well as the $9,969 payment to GIRMA to cover the case. The City c()uld not fecqup. all of the funds in the current budget, but a new monthly salary, from $750 per month to $74.75 per month for the Mayor, would help to recoup those costs. Haddix read the following statement: I am not going to going to engage in answering false claims, misrepresentations, or any of the rest said here. Being outnumb~red four to onernakesthat qn effort in futility, as they have no interest in the truth, only what they waht to accomplish. For the last two and a half years, the majority on Council have given proof to the old adage if you cannot deal with the message, kill the messenger. In defending their political agendas, allies and mentors, such as Jack Smith andKen Steele, they falsely accused me of mony things in seeking my removal from the Regional Transportation Roundtable ang in the Censure. Th~y have sought to forcibly take control of the office of Mayor and tell me who I could talk to and what I could say. More than once, they have demanded my resignation from office. They do not talk or discuss. They ambush and demand. Their obsession to 'get me' does notservePeachtr~~City. This is illustrated by Councilman Imker's recent soliciting of citizens in his efforts, where he said that I was a major problem for him and had to be dealt with., Councilman Dienhart. as a c()jLJmnisf, supported the Censure, disagreed with my position on Big Boxes, was angry at the rernoval of his friend and political adviser from a position within the City, and pronounced me un~lectable, all before his election. Having grown up in Northern Indiana, his Illinois political training is obvious. Disagreements in politics are the norm and acceptable. Their efforts here cross the line and are damaging to those they claim to be representing, but are not. They are, in fact, representing themselves. This Agenda Item to reduce niy salary to recover a legal insurance payment for actions as Mayor is one more such effort, C;lgMA does not coyer private citizens nor does coverage of elected or employees require Council approval. Let me repeat. here, no vote of Council is required. . Several options are available to me if this Agenda Item is approved. They are, with comments: ~-:'--:-~~-:-C-:'~.'--:7^-;:~7~~ City Council Minutes June 7, 2012 Page 7 1. Accept the reduction.. ThClt isoffthetableancj urlacSE}pta~le. ..It would only encourage future aftacks and the use of this tactic on future Mayors. 2. Resign from office. (Jranting their repeated requestfor me to resignwould also leave them in the P9sition of having to explain to the citizens of Peachtree City how the large expenditure for a special election is justified arid constitutes a service to the City. After all, as Councilwoman Learnard has said, if she has three votes she can do anything shE? wants. They have never needed me on their side to pass anything. 3. Taking legal action, preferably individually. They are trying to override a legal insurance payment. Win or lose, itwould cost money to defend and consume time that could be better spent elsewhere. Another issue they would have to explain to the citizens. If this matter ends, in totality, hereand now, with a no vote, I am done with it. Peachtree City is tired of it. In closing, they will make their decision on this matter. Then, I will make mine in response as and when appropriate, but not at this meeting. Learnard said everyone wanted to have their say. The expenditure of $12,155 happened without the knowledge of Council or citizens, and that was inherently wrong. Her job was to protect the taxpayers. She never dreamed she would have to protect them from the Mayor, but that was the situation they found themselves in thatevening. Haddix noted Council did not have.t() kno'vV the content ()f all cOl1"lm~rlIC:Clti2n~QfthE3 Mayor, as was evidenced by Councilmembers' outsfpe discussions resulting in items added to the agenda without Haddix's knowledge. That was theirright, but to make the statement that everything had to go through Council and the citizens before making a decision was pure baloney. Fleisch said Haddix obviously thought this was politically motivated, but it was the difference between right and wrong. She said Haddix had crossed the line and the citizens knew that and that was why Council was acting. Dienhart agreed that the matter wa~ not political. What had happened was wrong and Council needed to act in the best interests of tre citizens. Dienhart said he had a~ked the Mayor several times to return the money. Council had given him every opportunity to make this right before taking this action. It was a shame they had com,e to this and a shame this was how Haddix had chosen to lead the City. Learnard moved to approve a budget adjustment to change the Mayor's salary from $750 per month to $74.70 per month for the remaining three months of FY 2012. Fleisch seconded. Motion carried 4-1 (Haddix). Council Staff Tooics Pennington said staff was looking at tne monthly reports and what would be included In those in the future to simplify the information and provide an update on projects rather than all the numbers. Rorie and Salvatore gave a brief upqate on the Facilities Bond projects. Each project had been assigned to a project manager on st9ff. . Four projects were showing as. complete, nine were in the "accepting bids" phase. Every projest manager had been given the goal of coming in at least 10% under the current cost estimate to help narrow the focus. This might not always be possible, but was City Council Minutes June 7, 2012 Page 8 the goal. Staff would be maintaining fhe spreadsheet as each project progressed and providing that information to Council. " Imker asked that the unallocated funding amount be updated regularly as project prices were finalized and the contracts were awarded. Meeker said Council needed to enter Executive Session to discuss a real estate matter, pending or threatened litigation, and a personnel matter. Learnard moved to convene into Exe.<:utive Session for real estate, pending or threatened litigation, and personnel at 9:20 p.m. Fleisch seconded. Motion carried unanimously. Executive Session Learnard moved to reconvene into regular session at 10: 15 p.m. Fleisch seconded. Motion carried unanimously. Learnard moved to deny the claim aQd to send the response letter to John and Lee Mrosek. Fleisch seconded. Motion carried 4-0-1 (Hadqix). Learnard moved to deny the claim presented by Triad Construction in reference to the Fire Station 84 contract dispute. Imker seconded. Mption carried urianimously. Fleisch moved to deny the claim of Ms. Cruz et al as such claim was presented. Dienhart seconded. Motion carried unanimously. There being no further business, Learnord moved to adjourn the meeting. Imker seconded. Motion carried unanimously. The meeting adjourned at 10:17 p.m. DJ&~aY!W~