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Changing the rules as you go along

I remember as a kid playing stickball games in my front yard with the younger kid next door. We’d invent rules on where to hit the ball and how to score. What happens if you find yourself losing the game? No sweat! You just change the rules as you go along. You score things differently until the outcome matches what you want.

I had a flashback to this childhood memory yesterday. I was scrolling through the Alpharetta City Council meeting agenda for Monday when I came across a request from the Community Development Department. It seems they are suggesting changes be made to the city’s Comprehensive Land Use Plan (which is barely two months old).

The proposed changes would allow mixed use zoning on properties as small as 10 acres and would exempt apartments in mixed use from the 85/15 for-sale to for-rent ratio. Councilmen were given a page (which is not provided on the city’s website) that shows how the Avalon project would compare to the proposed changes. According to the cover memo, this page “demonstrates that Avalon would meet the modified MU regulations without variances.”

Remember that North American Properties wants 250 for-rent apartments in their Avalon development. Their request easily violates the 85/15 guideline. Is Alpharetta’s Community Development department suggesting a land use change so as to allow Avalon’s project to pass without a variance?

Councilman Mike Kennedy told me Monday’s discussion is to be about allowing different mixed use densities in each character area of Alpharetta. But this concept isn’t touched upon in the proposal from Community Development.

Kennedy eased some of my concern with this assurance: “It is not my intention – nor is it anyone else’s that I know of – that Avalon be considered under anything other than the CURRENT Mixed Use code as it is written today.”

At best this change is a suspicious and inappropriate matter to consider at this time. I would be most upset if I were a Councilman considering allowing Avalon to have apartments. This memo and its wording taint any vote in favor of apartments, even if that vote is made with the best of pure intentions. Let’s strive to be above reproach, guys!

Photo Credit: ChrisGoldNY (creative commons)

Apartments and Avalon

I want condos at Avalon.

That’s certainly something you won’t see me say a lot, but it’s true. Maybe I should be careful what I wish for. Let’s get back to apartments in a minute.

2030 Comprehensive Plan

North American Properties’ recently proposed Avalon project violates Alpharetta’s new 2030 Comprehensive Plan. It’s ironic in a way. The plan very much supports and encourages mixed-use projects like Avalon. I was critical of this and still believe this isn’t the will of the people. But it is what it is.

Avalon violates the land use plan by proposing 250 apartments in the development. The land use plan continues Alpharetta’s history of limiting apartments. It calls for a 85/15 ratio of houses to apartments in the city. Currently the fraction is skewed too far towards the apartment side.

It is certainly the will of suburbanites to have a healthy, yet limited mix of apartments. Avalon’s proposed 250 apartments would push the 85/15 ratio ever farther out of kilter.

So the ink isn’t even dry on the 2030 Plan and it’s already being challenged. This will be a critical first test of Alpharetta’s very young City Council. Everyone wants Avalon to be successful but it shouldn’t come at the cost of violating this longstanding vision. It also shouldn’t set a precedent of approving apartments in spite of limits on them. Does the council have the courage to stand up to Mark Toro on this matter? They should.

This will also be a critical test of North American Properties. Will they compromise and agree to abide by the city’s new land use plan? Or will they seek to undermine a plan that was designed to encourage their type of project?

In my mind I’d already resigned the fact that condos would be a part of Avalon. The only question left unanswered was how many we’d see. So when NAP proposed apartments it caught me off guard. I would be much more likely to support the project if the apartments were changed to condos. Let’s see how this chapter of the project unfolds.

Avalon, Goodwill, movies and a school

What do these unrelated things all have in common? They are issues that will come before the city of Alpharetta in the coming weeks. Some have the potential of being controversial. Let’s take a quick peek at each one.

Avalon

North American Properties has submitted plans for its first phase of Avalon, formerly known as Prospect Park. Hatcher Herd’s story in the Revue and News is the best source of information at this point (the city’s website almost never publishes things like site plans. Boo). According to Hatcher’s article, the project will have office, retail and hotel space, a 14 story building, 118 condos and 14 houses. But the strangest part… they want 250 apartments.

Alpharetta is already over its ratio of apartments. The folks at NAP are smart and they know this. I’m curious as to why they would even consider asking for them. My guess is that these change into more condos pretty quick. We’ll have to see.

Avalon’s phase 1 plan goes before the Planning Commission on March 1st.

Goodwill

Everyone loves Goodwill but no one seems to want them next door. Back in 2009 the city rejected plans for a Goodwill on Main Street near Cogburn Road. Now Goodwill wants to build down the road a bit at 495 North Main. An online petition from neighbors is already up and going. I expect objections this year to be the same as in 2009. Alpharetta’s Planning Commission will take up the matter on February 2nd.

At this very moment Goodwill is building a large store on McFarland Parkway in south Forsyth. This store is in a much better location and on a bigger road. My concern about a Main Street location is traffic. It’s clear that Alpharetta and Milton want less traffic and slower speeds on highway 9. A Main Street store would add 1500 trips each day. Sorry Goodwill, you need to keep looking.

Fulton Science Academy’s Impact Fees

Alpharetta’s embattled charter school will ask the city to waive impact fees on their $18 million construction project at Westside and Encore Parkways. The matter has been postponed once already and this issue has been overshadowed by the school’s charter renewal controversy.

City staff recommends that the FSA’s request be denied, requiring the school to fork over the impact fees. If the City Council agrees, will the school’s supporters use the same rhetoric from their BOE struggles? I can see the headlines now… “City denies award-winning charter school.” Tread carefully, councilmen.

Northpoint’s Movie Theater

I don’t expect this to be controversial, but it’s worth watching. On February 2nd the Planning Commission will consider the mall’s request to convert the vacant Parisian space into a movie theater. I expect we will learn the name of the theater at this time.

Photo credit: Dwight Burdette (creative commons)

Length of campaigns, dollars influence local elections

Last week the final campaign contribution reports were quietly submitted to the state ethics commission. It’s boring stuff I assure you. Being an armchair political wonk, I found myself combing through reports from Alpharetta and Milton. I didn’t notice any 11th hour contributions that stood out. A few other things did jump out at me.

Spending

I’ve forgotten most of my college statistics class. But it seems pretty clear that dollars spent on local campaigns correlate to votes. It’s expensive to get your message to the electorate. Candidates dropped thousands on newspaper ads, mailings and robocalls.

Milton newcomer Lance Large spent a staggering amount of money (24 large) for a simple council seat… and won. David Belle Isle dropped the most cash in Alpharetta.

Length of Campaign

It’s also worth noting that both Belle Isle and Large ran lengthy campaigns. Both were among the first candidates in north Fulton to announce. Could this be a trend in the future?

Consultants

I’ve listed consultants when I see evidence of a campaign sending money their way. Nearly every establishment candidate had at least one professional working on their behalf. One interesting note is Fred Hicks at HEG. Four years ago he worked for Alan Tart and Julie Zahner Bailey. This time around he worked to defeat them. It’s all business I suppose. Then again, Hicks is building a pretty good track record in Milton.

Alpharetta/Milton Campaign Spending

Candidate Spending Consultant
David Belle Isle $35,647.60 Red Salt
Doug DeRito $22,770.58 Fred Hicks/HEG, Eamon Keegan
Jim Paine $22,712.27 Landmark Communications
     
Jim Gilvin $8,195.78 none
Cheryl Oakes $9,314.24 RP Communications, Eamon Keegan
     
Donald Mitchell $9,895.87 Eamon Keegan
Ron Carter $7,764.00 none
     
Michael Cross $17,553.78 Red Salt
Hans Appen    
     
Matt Kunz $11,960.10 HEG/FredHicks
Julie Zahner Bailey $11,208.92 none
     
Lance Large $24,698.21 HEG/Fred Hicks, Razors Consulting
Alan Tart $7,773.69 none

A few things to note on this data… I’ve done my best tabulating the numbers, but mistakes are possible. What I call “spending” is total campaign expenditures minus loan repayments. I had incomplete or partial reports from Michael Cross and Hans Appen due to filings that were not made electronically.

Fulton Science Academy – A game of chicken

This is the first of two articles about the charter renewal of the Fulton Science Academy.

It’s been difficult for me to get my hands around the issue of the Fulton Science Academy’s charter renewal. Most issues like this involving children or faith are pretty easy to grasp. Start with something like land use then combine some NIMBY sentiments and a pinch of xenophobia. But FSA’s situation is entirely different with a lot of influencing factors coming into play. Those on both sides of the issue are not afraid of employing emotional appeals or hyperbole to make a point. And in issues like this the truth usually is found somewhere in the middle. So after spending many hours of my Christmas break reading up on this fiasco, I’ve come to the conclusion that FSA’s charter renewal is really just…

A game of chicken

Yep, both sides were plowing ahead at full speed, waiting to see who would swerve first. Unfortunately those along for the ride include several hundred children, their families, taxpayers and a few bond holders. And all of these groups stand to lose big because of it.

“Increasingly volatile and combative relationship”

That’s how the credit rating agency Fitch described things between the FSA and the Fulton County School Board. They made this comment as they were downgrading FSA’s credit rating on their $19 million building bond. The relationship was volatile because each side had a big club to bring to the fight. FSA’s club was their recent Blue Ribbon Award from the Department of Education. Surely the school board would not deny a request from a school with such a high distinction. Armed with this, they asked for a ten year renewal on their charter, the maximum allowed. Additionally they requested a full waiver of Title 20 rules.

FCSB’s big club was a Georgia Supreme Court decision in 2011 that found that the state could not approve charter schools. That authority, according to the court, rests only with county school boards. It makes FSA’s appeal process more difficult. This is the FCSB’s chance to flex its muscle under the new ruling. As such, the Title 20 blanket waiver was off the table and they would only consider a three year charter renewal.

Neither side moved much after months of discussion. The FSA reduced their proposal to eight years but the FCSB made it clear that they would only consider three. Nevertheless, only the eight year proposal was brought before the school board. And at the end of this game of chicken, the FCSB didn’t swerve. Crash! They unanimously voted down FSA’s eight year request.

Both sides have acted poorly. Supporters of the FSA have been out in force claiming that the FCSB wants to shut down an award-winning school. It’s hyperbole pure and simple. It’s clear to me that the FSA wanted to force the school board into making such a vote even though another offer was on the table. Nobody desires to shut down this school.

On the flip side, the FCSB has not acted in good faith since the vote. FSA has relented (finally), agreeing to the three year term. However, the FCSB now will not consider it, saying the matter is closed. I don’t understand why they cannot move to amend or reconsider a matter that was before them. Most deliberative bodies easily have this option available under their rules. It would be best for all parties involved to approve the three year charter renewal and move on.

Tomorrow I’ll talk about why the FCSB is justified in wanting a shorter charter term for the Fulton Science Academy. And as always, there’s an elephant in the room that needs to be discussed. Stay tuned.

Lame Duck council to approve 2030 Plan

Tonight Alpharetta’s City Council will consider the 2030 Comprehensive Land Use Plan. This important act will likely get overshadowed by another item higher up on the agenda – an update on Westside Parkway. I anticipate the city to go public with plans for opening the road, which is a great thing. However, it will divert attention away from the approval of this unfortunate land use plan.

The city should postpone the vote on this plan until January for the following reasons…

  • Nearly half the current council members are lame ducks. Mayor Letchas will not return due to term limits. Jim Paine lost his bid to become mayor and Cheryl Oakes was soundly defeated. It isn’t proper for those leaving office to cast such a vote with its longterm implications.
  • The 2030 Plan was a campaign issue! It was brought up in most or all of the candidate forums. The voters considered this issue when selecting candidates. Allow the new council members and mayor to be seated and have the influence the voters wanted!
  • David Belle Isle and Jim Gilvin campaigned on issues of density and urbanization and were elected. This plan reclassifies hundreds of acres of land in such a way as to add many more condos.

The city should table this plan until January 2012 and allow David Belle Isle, Jim Gilvin and Michael Cross to assume their roles on the council.

Alpharetta/Milton Election Results

Last night’s election results were somewhat predictable with a few nail biters to keep things interesting. I tried my best to keep my personal opinions out of print during the campaign and think I was successful. Now that it’s all over, here’s my thoughts…

Cross and Mitchell

No surprise here at all. Ron Carter ran a weak campaign and tried to claim credit for the Westside Parkway/GA-9 reroute idea. In the end, he drew fewer votes than even Hans Appen.

As far as Appen, he was up against a very serious candidate in Michael Cross. I give Hans credit for giving it the old college try (no pun intended). I hope he stays active in local politics. He has some credible ideas to bring to the table. I thought Cross’ late-inning direct mail piece against Appen was unfortunate and certainly wasn’t necessary.

Mayor’s Race

I knew DeRito would finish third, I just figured he would have at least broken 20%. But congratulations to David Belle Isle! I would have put money on Paine to win this race given his deep roots and convincing victory over John Monson not long ago. It makes you wonder if Mayor Letchas’ direct mail piece might have backfired. In the end, I hope Belle Isle’s pledge to limit density was sincere. This blogger will hold him to it!

Jimmy Gilvin

It’s no secret that Jimmy and I agree on a lot. I like the idea of him being on Council because it provides balance. Most city and county governments in the suburbs have a mix of business and homeowner interests in politics. I don’t believe Alpharetta followed that model – until now.

Cheryl Oakes’ campaign followed a strategy that I like to call the reverse attack. Late in the game she claimed to be the victim of negative campaigning and smear attacks. Nothing could have been further from the truth. Gilvin only challenged her on issues, pressing her after misstating that she didn’t vote on Windward Mill (in fact she voted for it).

Ticketgate and the Paul Oakes incident were certainly distractions to her campaign. It’s ludicrous to think that Gilvin’s campaign had anything to do with these issues. I reported on the Paul Oakes incident (without commentary) and researched the accuser as best I could. I found nothing that would link her to Alpharetta politics. She’s just a mom who seems to be really ticked off and is willing to do something about it. That’s my take anyway. To suggest that Gilvin or his supporters could influence the AJC/WSB newsroom is to give them way too much credit.

Milton

I’m surprised incumbents Alan Tart and Julie Zahner Bailey were defeated. Milton voters usually have a nose for sniffing out business and developer interests in their elections. At the same time, if Alpharetta needs homeowner interests in politics, Milton may need to go the other way. Their tax base is indeed tilted too far towards homeowners. They need to expand the business base, I just don’t think Lance Large and Matt Kunz are the best choices to do that.

In the end… Folks are ready for the robocalls to be over and the campaign signs to disappear. I’m ready to write about something other than politics for a change!

Photo Credit: The Suss-Man (Mike) (creative commons)

North American Properties contributes to Paine Campaign

Executives and employees at North American Properties, owners of the former Prospect Park development, have made campaign contributions to Alpharetta mayoral candidate Jim Paine. According to his October 25th campaign contribution report, Paine’s campaign accepted nine contributions from NAP employees totaling $1,800. No other candidates for mayor or council have reported contributions from NAP.

North American Properties has plans to begin construction on the Avalon project (formally Prospect Park) in August 2012 with a planned opening in late 2013. With such aggressive construction schedules, NAP would have to submit revised plans and a new site plan to Alpharetta pretty soon.

I do not believe it is appropriate for NAP to make contributions to candidates with such a large project looming before the city. Furthermore I’m disappointed that a candidate would accept such contributions. Jim Paine should refund the contributions and NAP should refrain from making political contributions this season. Do the right thing, guys.

David Belle Isle – A Candidate Against Density?

It was an email titled “Small Town, Big Priorities” that caught my eye. At first it looked like just another email blast from a mayoral candidate. But this piece from David Belle Isle jumped out for an unexpected reason – density. Belle Isle identified “holding back density” as priority #2, right up there with issues like traffic and the downtown plan. I didn’t expect any of the candidates for mayor to make an issue of density. My curiosity was peaked.

Belle Isle’s opponents, Jim Paine and Doug DeRito, have pretty clear voting records. It would be hard for either of them to support lower density after voting for projects like Prospect Park, Windward Mill and Peridot (* – see my comment). Belle Isle can stand on the curious fact that he’s not voted on any of these large projects. It may be more of a positive coincidence that this happened, but it warranted additional discussion. I’m grateful that Mr. Belle Isle agreed to sit down for an interview last week to hash through some nitty gritty details.

…and it’s hard to deep dive on these issues without talking about the particulars of past projects. Let’s go through each of Alpharetta’s big high-density projects. Belle Isle wasn’t on council when Prospect Park was initially approved. However, he was around for the project’s final zoning changes in 2008. These changes saw density increases but not with the residential component of the doomed project.

Windward Mill happened squarely during his tenure on council. Belle Isle recused himself from the vote because of associations with a financier behind the project. In our meeting he expressed the most concern for this project primarily due to its distance from GA-400 and the effect it will have on traffic.

Belle Isle resigned his council seat prior to the Peridot vote this year. He was non-committal when I asked him if he would have supported the project.

I asked for examples of times when he opposed or spoke against projects due to density concerns. Apart from a few apartment complexes, he couldn’t provide examples.

Belle Isle said he would support a condo limit in Alpharetta, similar to what is in place for apartments. Yet as it turns out he was on Council when the multi-family designation was weakened, allowing condos to slip into the single-family side of the equation. This change was a seminal moment in Alpharetta’s recent history, paving the way for many more condos.

So how should density-minded voters choose in the mayor’s race? Belle Isle supports less density and has never voted for Alpharetta’s largest projects. However, he’s not on record speaking against high-density projects even though he’s had the opportunity to do so.  It’s a tough call.

I took a vow not to endorse candidates in this election. For the mayor’s race, that has been an easy promise to fulfill. I can honestly say I don’t know who would make the best mayor for Alpharetta. I don’t envy the choice Alpharetta voters have to make on Tuesday.

Here are a few more questions I posed to Belle Isle:

S. Lee Guy: If I had asked you 18 months ago, would you rather be a state senator or mayor, how would you have answered?
David Belle Isle: I would say mayor. I would rather be one of seven than one of several hundred.
SLG: Then why did you run for state senate?
DBI: I was growing frustrated with the way things were going in Atlanta and wanted to do something about it.

SLG: Alpharetta’s elections are determined by a plurality, not a majority. Should that be changed?
DBI: Ask me on November 9th.

Paul Oakes incident leads to internal investigation

On Friday I wrote about the Wills Park incident involving a Roswell mother who accused Paul Oakes of harming her child on a swing. More details have come up in the case. Among them are:

  • The mother of the victim has filed a complaint with respect to the police officers’ handling of the investigation. The complaint has resulted in an internal affairs investigation, according to James Drinkard, assistant city administrator.
  • No incident report was was filed by police officers on the date of the actual incident, Saturday October 15th. It took a visit to the Alpharetta police station by the victim’s mother before an incident report would be filed.
  • The police officers initially classified this incident at a “miscellaneous report”. The result of this classification means that the incident is NOT included on crime maps and statistics published by the city, according to Drinkard. However, a check on the city’s website tonight shows that the incident now appears, labeled as an assault/simple battery.
  • The man accused, Paul Oakes, is on the board of the Alpharetta Public Safety Foundation. His wife is Cheryl Oakes, a city council member. Ms. Oakes is the council liaison to the public safety department.

The AJC is now reporting on this issue in an article that goes to print in tomorrow’s edition. In the article, the responding officers are described as giggling after talking with Oakes after the incident. The article also says that Cheryl Oakes hung up on reporters when they called.

On a personal note… I was the first to publish Paul Oakes’ name in connection to this incident, something WSB-TV didn’t do in their initial reporting. Things got ugly in the comments of my blog, on twitter and in email. I was personally insulted, accused of being irresponsible and sleazy. Another accused me of orchestrating a smear campaign. I trust that those same individuals are directing similar language to the AJC’s editors today. Nevertheless, it was for this reason that I closed comments last Friday. I also feared that both campaigns might try to politicize the topic on my blog.

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