HomeMy WebLinkAbout07-12-2012 regular meeting
City Council of Peachtree City
Meeting Minutes
July 12, 2012
7:00 p.m.
The Mayor and City Council of the City of Peachtree City met in regular session on Thursday, July
21, 2012. Mayor Haddix called the: meeting to order at 7:00 p.m. Other Council Members in
attendance: George Dienhart, Variessa Fleisch, Eric Imker, and Kim Learnard.
Announcements. Awards. Special Recoanition
Recognize Winners from the JlJly4thPClI'Clde
Mayor Haddix recognized the flo9tand ~olf cart winners from the July 4th parade. Those
recognized included the Peachtre:e City Tennis Center, Michael Otero, third place golf cart;
Chuck Micallef, second place golf cart; New Neighbor League Club. Lynn Meloche, first place
golf cart; Mucklow's Fine Jewelry; Robert Mucklow, Most Patriotic trophy; Fayette Outdoor
YMCA, Samantha Spradley and Hailey Clark, Most Creative trophy; Jason Thompson, Mayor's
trophy; and Girl Scout Service Unit 6]7, Christy utt and Girl Scouts, Grand Marshal's trophy.
Public Comment
Ryan Chapman, a member of Boy $cout Troop 175, addressed Council concerning the golf cart
path behind his house on Sterling Point, noting he had filed a complaint via the City's website
three months ago regarding the un$afe conditions on the path due to tree roots breaking up the
path; He asked what the next step should be to get the path repaired. City Engineer Dave
Borkowski said he was not familiar V\,';ith th~ c()mplaint, but he would look into the matter and see
where that portion of the path wa's listed and prioritized on the cart path repair list. Learnard
thanked Chapman for following up. adding the City would follow-up with him to see how things
could be done better the next time;.
Aaenda Chanaes
There were none.
Minutes
June 18, 2012, Workshop Minutes
June 21, 2012, Regular Meeting Min~tes
Fleisch moved to approve the June 18.2012, workshOp minutes and the June 21, 2012, regular
meeting minutes as written. Imker s~conded. Motion carried unanirnously.
Monthly Reports
Haddix noted there were addition91 dqcumentson thedais.... sever(l'Monthly Reports. There
were no comments on the Monthly Reports . '
Consent Aaenda
1. Consider Budget Amendments -FY 2012
2. Consider Amendments to<7ovEtr~l11el1taIJin(;]nce. Corporation Bylaws Relative to Meeting
Notices for Consistency with Stdte Law .
3. Consider Georgia Dept. of Transportation Mowing and Maintenance Agreem"ent
Fleisch moved to approve Consent Agenda items 1. 2, and 3 as presented. Learnard
seconded. Motion carried unanimQusly.
Old Aaenda Items
06-12-01 Discuss Request from Residenft()~onslcj~r$~lnng a Portion of Platted Greenbelt
Imker noted that City Planner David Rast was unable to attend the meeting to discuss the
request, and the property owner agreed to continue the agenda item.
City Council Meeting Minutes
July 12, 2012
Page 2
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Imker moved to conti.nue. t.he.disc.u.s.s.... i.o...n..on th.e. r.e. s.id.en. t's..r.eq. uest to c. o...n. s. ide. r selling. a portion of
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platted greenbelt to the August 2 m~eting. Learnard seconded. Motion carried unanimously.
New Aaenda Items
07-12-01 Public Hearing - Consider Step One Annexation Request - Southern Pines Tract
David Kirk of Troutman Sanders. LLP, spoke on behalf of the applicant, Southern Pines Plantation
Commercial Group, LLC, (SPP). Kkk noted there had been a number of proposals for the
property's development since it wa~ acquired by SPP in 2004, but none had come to fruition for
a number of reasons. He continu~d it was time to move fOrw(lrd 'vVith..a project that made
sense, would be an asset to the community, and would be compatible with the surrounding
development. Kirk added that this was the beginning of the process and there were many
details to be worked out and consi9~red, and SPP would work in good faith with the City if the
Step One request was approved.
Kirk continued that the 77-acre trqs::t was located at the intersection of SR 74/Redwine Road,
between Meade Field, the City's l;:>oundary. Starr's Mill Academy Preschool. and the Brechin
Park subdivision. The current Fay$tte County zoning was a mix of community commercial.
office-institutional. and agricultural residential, which allowed approximately 175,000 square feet
of retail and office space. The proposal SPP hoped to bring to the City would be less intensive,
primarily residential with a small offi<;:e component located at the intersection.
Kirk said two main office buildings would flankthe entrance, one side would be one and one-
half acres and the other side woUICLbE:} approximately two acres. SPP envisioned the office uses
as medical/dental to complement the surrounding uses. The remainder of the project would be
residential, with approximately 90 Iqts and an (lmenity area with pocket parks and greenspace
scaHered throughout the subdivision. There would be sidevyalks ancj rYlLJlti-purpose paths
throughout the development. linking it internally and to adjacent uses. SPP envisioned the
project on sewer and understood jhere was capacity available for the development and that
there were preliminary plans for a Ii~t stationth(lt ha<::lbeE:}n'vVor~E:}9.on}ortbissite al1d the ()\{er911
area. SPP would work with the City on the details on how to serve the property and others, as
well as a fair allocation of the costs,.of thE:} improvements. Step One was a preliminary stage and
he would answer questions and Iist~n to concerns.
Haddix opened the public hearing. No one spoke for or against the Step One annexation
request. Haddix closed the public hearing.
Dienhart asked Kirk if the developlY\ent could connect the golf cart path to the Starr's Mill School
Complex. Fleisch questioned if that was possible since the path would have to cross into the
County. City Attorney Ted Meeker said that could be discussed as the application for
annexation moved forward. Kirk s?id there was on existing tunnel under SR 74 just west of the
site, and the developer was open to discussing the possibility.
Learnard asked how many homes would be part of the residential component. Kirk said there
would be 90 homes, approximately two lots per acre. The price point they were considering was
in the mid-$300,000 range. Learndrd verified that the developer wanted the project to be on
sewer, which was the reason for th~ proposed annexation. Kirk said they understood there was
sufficient capacity, and the developer would work with the Water and Sewerage Authority
(W ASA) regarding the lift station and other details if Council approved moving to the next step.
"
Fleisch said. she had spoken with WASA General Manager Stephen Hogan, who had been
unable to attend the. meeting. .. She co.ntInued that Council's priority was to not allow
proliferation of sewer into the co(;mty. She said there would need to be a 200-foot border
around the project, with the exception of the Meade Field sieje, to keep the sewer from moving
City Council Meeting Minutes
July 12, 2012
Page 3
Into the County. Fleisch was also cqncerned about golf cart connectivity into Brechin Park, and
who would own and maintain. that path.. FI.eisch. s9id she metwItb .l11embers of the Wilshire
Estates Home Owners. Assogiation.. (HOA), noting they seemed enamored of the proposed
residential development, as did the Brechin Park residents she spoke with.
City Manager Jim Pennington emphasized that this was only the step One request. If Council
approved the request, it only meant that staff could look at the plan and start the process. Any
plan presented must go through tHe Planning Commission, W ASA, and staff before it came to
Council. The question was whetherCouncil was interested in moving forward.
Haddix questioned whether there yvas an. agreement for the developer to give some land to
Fayette County. Kirk said he under~tood that had been discussed, but he had not been able to
find anything beyond the discussioh stage. Given the nature of the development residential as
opposed to commercial or industrial, there should be less of 0 concern to provide a significant
buffer as there had been in 20QO~ Tbere had peen t\^ioo99itionol r~f()nilJgs of the property since
2000, and giving the County some I<::md had not been part of those discussions.
Haddix was concerned whether more resid~ntICl.I. 9~v~lopment would benefit the City, noting
there were a number of vacant hoenes, and homes were a negative as far as infrastructure and
service costs. He did not want to dq a disservice to the citizens. trying to sell their existing homes.
Kirk said he did not see the propos~d development as competition. His understanding was the
City was in pretty good shape, possibly on the upswing. He felt the project would be a good fit
and would complement the City.
Fleisch said that, as of that day, th~re w~re 217 homes for sale inthe City. The absorption rate
(the rate at which available homes Sell in a specific area) for new homes was one and one-half
months. For the rest of the City, there was a 4.9 month supply. There were 37 houses for sale in
the $300,000 - $400,000 price range. The average age of a house in the City was 21 years, and
the older homes in the City that were selling had been updated, and multiple offers were also
made on those homes. The homes,Jhatw~re not selling were those that showed their age. The
$300,000 - $400,000 price point waS good for buyers, but she was concerned given the current
state of the real estate market. '
Fleisch continued that the proposed annexation was an opportunity to solidify the natural
boundary of the City at SR 74/Red\-'v'ihe Road. .It was also th~ opportunity to have that property
as residential rather than a hodgepodge of office and retail in the County. Finally, it was a way
to look at improving the southern entrance to the City, which had not been as attractive since
the widening of SR 74.
Dienhart asked Fleisch what the al;:>sorption rate was for the price point in question. Fleisch said
she did not have that data, but cguld get it. Dienhart said the City was also looking at a new
signage program, and it would be nice to be able to use it in a new area. Kirk said it was
appropriate to have as a discussiol) it if the project moved forward.
Learnard pointed out that approval of Step One did not imply that Council would ultimately
approve the annexation, but allgwed staff the opportunity to work with the applicant to
develop a detailed analysis, a schematic master plan, and a more informed recommendation
that would ultimately be considered by Council. Learnard said she was ready to move forward.
I!i!!I""I"I
10' ,"
Imker said he was also prepared to give SPP approval to talk to staff.
,j
Haddix said he was concerned aQout th.e 200-f()ot rul(3for sewer connection. . Fleisch said that
could be worked out through the negotiation process. Haddix said he understood that but he
City Council Meeting Minutes
July 12,2012
Page 4
could not tell the ,depth of the lots from the drawing shown that night. ,The lots looked close to
Brechin Park. Fleisch said this was preliminary anyway, asking Kirk if it would be possible to add
the buffer.. ,Kirk said he didl)otthin~g~OO-foo.t2()rger()ro.ulJgJb~ property would work with the
finances of the project, but in congept,it would be trueas Tar as ensuring there was sufficient
distance to keep sewer inside the City limits. Kirk added that was something the developer
would work on with staff and WASI\, It was Council's decision whE?ther,the process could move
forward. Haddix said he could support moving forward with the annexation application process,
but it would take a lot of persuasion for him to approve an ahnexation.
Imker moved to approve the Step One annexation request for the Southern Pines tract.
Learnard seconded. Motion carrieq l)nanimously.
07 -12-02 Public Hearing - Vari~nce- Fayette County, Lake Mcintosh
Borkowski addressed Council, saying the County had requested the variance from the
Watershed Protection Buffer Ordinqnce. Per the Iiteraltranslatiqn qLtbe9rgIIl(]rlse, Borkowski
said only a cart path would be allowed. The proposed plan included a boat ramp, covered
pavilion, restroom building, playground picnic shelters, paved parking lot, and paved walking
paths, most of which would be loci;:lted withil) the buffer (a total of 150 feet as measured from
normal pool elevation). Staff recommended approval with the following three conditions:
1. A plat of the subject tract must be provided which indicates the appropriate watershed
protection buffers (1 DO-foot (.mdisturbed vegetation buffer and SO-foot no impervious
buffer). The plat must clearly identify the limits of encroachment for the proposed
improvements within these ~uffers, and the variance shall be limited to these
encroachments. ,
2. No additional improvement~ shall be constructed within these buffers without first
securing a variance.
3. Following completion of cOTlstruction qctivities, the Applicant shall provide a revised
Foundation Survey to the BUilding Official identifying the location of the new
construction. The purpose of this survey is to ensure the new construction does not
encroach any further into th,e no impervious setback than permitted by this variance.
Borkowski added that Tony Parrott from the Fayette County Water System was at the meeting
and could answer any questions.
Haddix opened the public hearing. No one spoke in favor or against the proposed variance.
Haddix closed the public hearing.
Learnard said if there was no va r,ja nce, there would be no park. She was ready to move
forward.
Haddix asked Meeker if there were .~my possible legal issues. Meeker said there were none.
Imker said the park would provide ~njoyment to citizens and increase values in the City, adding
campsites would enhance the areq eVen further.
Learnard moved to approve the Variance request for construction of the Lake Mcintosh Park.
Fleisch seconded. Motion carried unanimously.
07~12-03 , Consider Ternporary1ConstructiOrl Easement for BCSPond
Haddi~ noted there was, an acl9)tiqn(]lclqgl)rn~nt ()IJ,Jb~,9?is.:,,?SoPY of the proposed
easement. Haddix said he wouk;J not be taking part in' the discussion or the voting on this
agenda item.
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July 12, 2012
Page 5
Borko'l"ski said staff recomrY)ended ;9Pproval of the temporary construction. easement that was
needed for maintenance work at tgeBradford/Creekside/Southside (BCS) Pond. The work had
to be done at the outlet of the pond, which was close to the property located at 506 Creekside
Way. An easement from the owners of 506 Creekside Way was the best way to get to the outlet
structure. Borkowski said the existirig easement was inadequate for access as it was currently
platted. Staff negotiated a temporary construction easement going from the end of Creekside
Way through the existing driveway then veering left to get to the outlet and the existing
easement. The proposal at this'meefing was to purchase the right for the construction
easement. To use the existing easement, the City would need to purchase an additional area
to enable the City to get the equipment needed for the work in place. In summary, staff
proposed purchasing a temporary construction easement for $28,000, rather than doing a
change order with the contractor for the existing easement, which would cost $45,000 just for
the change order, in addition to the cost for the legal fees, appraisals, and funds to purchase
the additional easement.
Imker asked how long the easement would be needed and how long it was. Borkowski said it
was 60 - 75 feet, and the entire eas~ment areC) wqs 3, 124square feet. Imker asked how much it
would cost to repair the 60 feet of driveway, estimating $3,000. Borkowski said it would cost
$6,000. Imker asked why the cost of the temporary easement was $28,000. Borkowski said that
was what was negotiated. Imker said he could not accept that. Oienhart agreed, adding the
property owner was taking advantage of the situation.
Learnard asked if they all agreed the maintenance work needed to be on the pond. Oienhart
said he agreed with that, but it was the cost of replacing the driveway that irritated him and
Imker.
Imker continued that the cost wa~ $6,000 to replace the area of the driveway plus another
$4,000 to match the concrete to tHe rest, which was only fair. He estimated the inconvenience
to the homeowners at another $5,090 - $7,000. He said the total cost should be half of what was
on the table.
Meeker said one of the issues staff qadlooked at was whether the repairs to the driveway would
match the remaining portion. Staff had been told there were different processes that cQuld be
used, but over time, the replacement concrete would not match the rest of the driveway. The
prices for redoing the entire driveway were $36,000 - $38,000.
Mary Giles, noting this was a temporary easement for a particular project, asked if the City
would ever need to go back'in for additional repairs or maintenance. Meeker said that was
possible. Giles said that $28,000 possibly was not a final figure.
Imker said that 10 - 20 years down the road the dam would need maintenance, which meant
trees would have to be taken off .the dam.. The existing easement would be used then and
possibly widened. In the future, additional money would need to be spent. Now they were just
repairing the outlet. Meeker said that was why he had answered Giles' earlier question as
possible. They did not want to take all the trees off the dam at this point.
Giles said there should be a possibility for a permanent easement to be put in place for long-
term maintenance. Borkowski said staff had tried to get a permanent easement, and what was
shown at this meeting was what the homeowners and their attorney had agreed to do. They
were not willing to make the easerr)ent permanent. It was not ideal, but it was the only way staff
could come up with a solution to fix what needed to be fixed immediately.
City Council Meeting Minutes
July 12,2012
Page 6
Imker asked how serious the neede,dx~pairs were and whether they could wait until next year.
Borkowski said he could not say os things could change and the problem could get worse.
Meeker said there was no indic:q!tiqn. otdarY).,. faHLJre, ,9ut eyeryone agreed, including the
consulting engineers, the City needed to move on the repairs.
Imker said he did not like being tqken advantage of, especially when the price was double
what should be paid. He would rather spend more to widen the current easement because it
would payoff in the future.
Dienhart asked if there was any ~xisting damage to the driveway that was not part of the
easement. Borkowski said it was anold driveway, and it was cracked and aged.
David Chapman, who said he was 9 retired Army aviator, said the Army and the National Guard
had done civil projects in the past t~sling load equipment. There was always the option to do a
joint military/civilian exercise to sling load the equipment into the pond area and sling load it
out. Dienhart asked if that had b:~en consid.ered.lrnker saidthe,re",^,~re nO\1v, two options -
widening the existing easement anq sling loading in the equipment.
Meeker asked Council to continue, the agenda item so staff could talk to the property owner
again and explore the new ideas. Imker said the property owners needed to know the City
would not be taken advantage of., adding they were more than happy to work with them, but
they had to be reasonable.
Learnard moved to continue the agenda item. Imker seconded. Motion carried 4-0-1 (Haddix).
07 -12-04 ConsiderArn~n<:fins:J p(]th of Office under City Charter and Initiating Procedure
under Georgia Home Rule Act
Fleisch said she and Haddix ha,q recently attended a firefighter swearing-in ceremony.
Afterwards, she had looked at the, Council oath. which had been changed a few years ago,
but had never been changed in;the City's Charter. This was an opportunity to rework the
Council oath and update it, plus make the necessary changes to the City Charter.
Meeker said the changes had to Qe prepared, a legal notice had to be run for three weeks,
then two readings of the amendment to the charter wer~ r~quired. Haddix asked if the two
readings were required prior to a yote. Meeker said that was correct, adding those were the
requirements to move the item forIWdrd. He said the moticm thateventirg would be to move
forward with the procedure only, not to approve any changes at this time.
Dienhart's concern was the staff titne needed for amending the oath and the charter. Fleisch
said she would make the nece~sary changes. Everything would be legal when it was done.
Dienhart moved to authorize staff to move forward with amendment the oath of office under
the City Charter. Fleisch seconded. Motion carried 4-1 (Imker).
, .
07-12-05 Consider Elimination/Replacement of One Position in Human Resources
Pennington said he had recommeoded the replacement of the Human Resources Administrator
position with the new position of Director, Human Resources and Risk Management, in May. He
found Human Resources was mixe,d 'l"ith. Ri~k MqnClgement. giving the position responsibilities
~. that were much broader than th~y had been in the past.. The proposed title would more
adequately reflect what the position did on a day-to-day basis. It was a very intensive position,
dealing frequently with legal counsel and the City's insurdncegroups. The job description was
rewritten and sent to the Mercer Group for review. who signed off on the recommendation.
fI"""""I'I
City Council Meeting Minutes
July 12,2012
Page 7
Imker asked how thesClI~ry chang~vvouldClffElctthebudget. Pennington said the cost for the
remainder of the fiscal year would be $2,300. The increase for the FY 2013 year would be
$10,090 annually. Pennington add~dthe chan(je would advance the position to the executive
staff level. Imker asked if the salarY .increase was included in the FY 2013 budget. Pennington
said the anticipated increase was ihcluded.
Imker moved to approve the elimination/replacement of one position in Human Resources.
Fleisch seconded. Motion carried uj1animously.
Council/staff Topics
Hot Topics Update
Pennington asked Community Services Director Jon Rorie to give an update on the work at the
Kedron Fieldhouse and the alarm systems.
Rorie said the work had been constgnt at Ke,qrQr"lsinc:e,the fire,. The,re,h9q9e,erle,~te,Dsiye,vvCltElr
and smoke damage throughout 'the facility, requiring repair and replacement of flooring,
including the gym floor, as well as tile and carpet. Some HV AC ductwork had to be replaced,
the entire facility has been repainted, and new insulation had been installed. Staff had also
completed some ancillary projects' during that time. there were still issues remaining, and staff
would continue to work diligently to get those things done. Rorie said they were not insurance-
related issues, but items that were qn the repair and maintenance logs.
Rorie" continued that, due to the c:losure of Kedron, staff would like to hold an open house to
market some recreation programs, giving the instructors the opportunity to have a meet and
greet. He asked Council to authqrize a "free swim" forthe open house for a few hours. The
Recreation & Special Events Advisory Committee would plan the event.
,';,..... ..',
Rorie continued that a key issue remaining throughout all City facilities was the inspection and
evaluation of all the alarm systems. Rorie said his staff had been working with Fire Marshall Dave
Williamson and the Fire Department on the testing. Staff knew that one of the problems with the
alarm system at Kedron was the gbility for the alarm panel to communicate with the alarm
company and dial out. Kedron, the Library, Gathering Place, and Glenloch had been tested
and were working as they should. ... The panel at Kedron was working properly, but Rorie said it
was a short-term fix. There was a n~ed to upgrade the panel and bring it up t6the current code
requirements with a built-in redunqgncy so it would dial out when it was needed. This was not
an insurance issue, and the initial quotes from three companies were all in the range of $15,000.
There was $12,000 available in the current budget as a capital outlay item to replace a utility
vault located at the Kedron facility. It had been in the budget for over five years, but the actual
replacement cost was approximate,ly $30,000. Rorie proposed using the capital outlay money
to upgrade and replace the alarm system now and add the vault replacement, with Council
approval, to the Facilities Authority bond list for future consideration. Pennington said staff was
not asking for Council approval at this time, but wanted Council to be aware of the situation.
Fleisch asked Rorie what kind of va~lt needec:jreplacement. Rorie said another term would be a
pit box, for pressure-reducing or bockflow thatcame off the main vvote,rline. The vault in use
was home-made and was beginning to fail, at times filling up with water. Fleisch asked if the
other facilities had the same type ()fpanel as Kedron, since they were all built around the same
time. Rorie said not all the panels needed to be replaced; they just needed to ensure they were
working properly.
Pe!")!")ington referred to an issue t~Clt had come up during the 4th of July festivities when there
were tarps placed out several days early, some with stakes in the ground, during the extreme
heat. Staff was working on a policy regarding the issue that would be brought to Council.
City Council Meeting Minutes
July 12,2012
Page 8
,.....,
Learnard addressed thelJPcoming'regional Transportation Special Purpose Local Option Sales
Tax (TSPLOST) vote on July 31. Sh~. said it was an individual decisiorl,odding she had never
heard so much conversation on s()rnething was not an election of a person. The County
had put together a condse fact sheet that was availgple tllrough the City website,
and Learnard recommended that vqters read it over.
Dienhart said the controversy stemmed from the funding earmarked for mass transit, adding it
would have a better chance of vot~r approval if it had been split into two referendums - one for
mass transit and one for roads. He spid he would vote dgainst it.
Learnard asked when Council.woljld hear the...r....e....s.u...I.t..s. ....0.....fth..8. .. C...o..m.. p. r..e...h. en. s.ive Plan ro.undtable
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discussions held in April. Pennington said City Planner David Rast was working on a report.
Learnard said a lacrosse tourn. amen...t was.h.e..I.d... a... mo.n.th.a..g. o,...n.o. t.in.g. Pe. nnington was working on
hi'" ..."'" "'.>.. .............. .. .
an after action report. Penningtorf said, at this point, everything looked good, but there some
things the City would need to do. ... Learnard said it had been a big southeastern girls lacrosse
tournament, and it would be an opportunity to assess how things worked. Pennington said it
provided an opportunity find what worked well and what did not at the City's facilities.
Learnard moved to conv~ne in r~ec:ljti\le sEl~~i()n..at8: 17 p.m. for pending or threatened
litigation. Fleisch seconded. Motion ccmied unanimously.
Haddix thanked staff for the work qon~ behiD9Jhrsc:r!")rsp,: .!D~. m<:lnx i:su~s th~y had to deal
with, noting there was currently a policy issue being discussed 6Ime County Board of Health, of
which Haddix was a member, whiqh was continLJedpec:;puse th~t:l()<:lrqne.~cl,~c:jInput from the
municipalities. Most residents WOUld never know how much work was done by staff that was
hever made public.
Imker moved to reconvene in reglJlar session at 8:32 p.m. Learnard seconded. Motion carried
unanimously. .
Imker moved to deny the claims ()f Ameer Abdul Karim gnd Brittney Michelle Pittman as such
claims were presented. Fleisch seG6nded. Motion carried unanimously.
Learnard moved to deny the amended claims of Cruz and Holmes as such claims were
presented. Fleisch seconded. Motion carried unanimously.
There being no further business .to discuss, Imker moved to adjourn the meeting. Fleisch
seconded. Motion carried unanimously. The meeting adaat 8:34 p.m.
~ a ~ Ihcly/
Pamela Dufresne, D D Haddix, Mayor