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HomeMy WebLinkAboutMinutes CC - 01/06/2014 - MINS 01 06 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, January 6, 2014 at 6:00 pm Page 1 of 14 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an offiCial record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on January 6, 2014 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for City of Milton Police and Fire ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS • Mayor Joe Lockwood • Councilmember Karen Thurman • Councilmember Bill Lusk ELECTION OF THE MAYOR PRO TEM (Sworn in by Mayor Jo e Lockwood) Mayor Lockwood nominated Councilmember Longoria as Mayor Pro Tern. Motion and Vote: Councilmember Kunz moved to approve Councilmember Longoria as Mayor Pro Tern. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Council members Hewitt and Longoria were absent. ROLLCALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, and Councilmember Mohrig. Councilmembers Absent: Councilmember Hewitt and Councilmember Longoria PLEDGE OF ALLEGIANCE Regular Meeting of the Milton City Council Monday, January 6,2014 at 6:00 pm Page 3 of 14 There are a number of advantages to creating conservation subdivisions because you can preserve open space in forested areas, you can preserve roadway view sheds, and maintain the highly desired rural character of Milton. I hope these types of subdivisions are considered as we move forward as a city. CONSENT AGENDA 1. Approval ofa Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for a Phase I Environmental Site Assessment. (Agenda Item No. 14-002) (Carter Lucas, Public Works Director) 2. Approval of the Financial Statements for the Period Ending November, 2013. (Agenda Item No. 14-003) (Stacey Inglis, Assistant City Manager) 3. Approval of Release and Settlement Agreement between the City of Milton and AT&T. (Agenda Item No . 14-004) (David Frizzell, IT Manager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmembers Hewitt and Longoria were absent. REPORTS AND PRESENTA TIONS (None) FIRST PRESENTA TION 1. Consideration ofRZ13-17 -13980 Freemanville Road by Fuqua and Associates to Rezone from AG-l (Agricultural) to CUP (Community Unit Plan) to Develop 9 Single Family Residences on 16.98 Acres. (Agenda Item No. 14 -005) (Kathleen Field, Community Development Director) 2. Consideration ofRZ13-19 -13941 and 13943 Highway 9 North by Ashton Atlanta Residential, LLC to Rezone from 0-1 (Office-Institutional) to TR (Townhouse Residential) to Develop 24 Single Family Residences. (Agenda Item No. 14-006) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Lusk moved to approve the First Presentation Items. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmembers Hewitt and Longoria were absent. Regular Meeting of the Milton City Council Monday , January 6, 2014 at 6:00 pm Page 5 of 14 Ellen Smith, Esq. Holt Ney Zatcoff & Wasserman, LLP, 100 Galleria Parkway, Suite 1800, Atlanta, Georgia 30004 As Chris indicated, this has been a long process. My law firm zoned this particular site in 2003 with Mr. Bowen who is the property owner of this 2.2 acre piece of property. He has owned the property since 1980; 34 years. That site was built under Fulton County's ordinance at 150 feet and it has been operating very well for the past decade. There are three carriers on that existing tower and AT&T came in 2009-2010 because they had a need to serve this area as well and they looked at extending that tower. It is not structurally sound enough to extend the 150 feet. It also would not be tall enough to meet AT&T radio frequency needs. So, they submitted the "Stars Soccer Application" for a 140 foot tower that is roughly about 3500 linear feet from this proposed location. As a result of several comments from the Triple Crown subdivision and the community immediately around that site, we went back and looked to see if we could do a "drop and swap." We also went through a modification of the ordinance that you approved in July that would allow us to go through an expedited process if we were able to show you that if extending a tower or replacing a tower would avoid the location of a new tower in the city and this application meets that requirement. The new proposed tower is roughly 22 feet closer to Batesville Road. It will still meet all of the setback requirements and keep the same distance from our neighboring property owners and maintain as much distance from those neighbors as we can due to the rectangular shape of this property. In addition, I know there has been a lot of discussion about the generator noise. There is an existing generator on the site now which is located inside Verizon's equipment shelter. Generators for cell towers are tested weekly. They are generally tested for thirty minutes. AT&T would test for fifteen minutes. Those time intervals can be set. Currently, Verizon' s generator tests run between 10:00 a.m. and 11 :00 a.m. on a certain day of the week. If there is a request for a particular time and day we are certainly open to that. The AT&T generator comes with sound deafening piece of equipment located on it so if you are standing within fifteen feet of that generator, which is more than 100 feet away from any property line, you could have a normal conversation while the generator is running. The generator does not run for a very long time and it doesn't run at night. We have not had any complaints about noise in the past decade. We chose a "tree" looking tower because it fits the best with the landscape. We cannot just put up a straight pole with antennas inside of it because it would compromise the type of coverage that all the carriers will receive . This tower will have all of the existing carriers including T-Mobile, Verizon, and Sprint. They will be at a higher height than they are presently at now and AT&T will be at the top. This tower will allow for one more carrier to co­ locate on it. Carolyn Lauterbach, 649 Citation Trail, Milton, Georgia 30004 I live in the Triple Crown neighborhood and have been on the board of our Homeowner's Association for the past four years. We have worked diligently with the Richmond Glen HOA and the city staff on the Stars Soccer application and this solution. We think this solution works best for everyone and so we are in support of this agenda item . Brian Daughdrill, Attorney for Brightwater Homes, 945 E. Paces Ferry Road, Suite 2750, Atlanta, Georgia 30004 I am representing the property owner to the east of this proposed application, Brightwater Homes, located just 49 feet from the setback. I believe Ms. Smith misspoke when she stated that they meet all the setbacks. Obviously, they are here on a number of variances including the one that moves the cell tower 95 feet from the nearest house in the Brightwater Homes subdivision. We have filed constitutional and legal objections with the city. We are in support of the suggestion that there be more Regular Meeting of the Milton City Council Monday, January 6, 2014 at 6:00 pm Page 7 of 14 this proposal. We are concerned about a 30% increase in the height of a tower that is only 48 feet from a property line . Under current regulations, a tower of this size would be required to be 293 feet from an adjacent property line. There is a significant variance being requested here in terms of proximity to an adjacent property, a significant increase in the height of the tower, how a 200 foot pine tree is going to look, etc. We would really like some time to discuss this proposal with the applicant. Charles Bostwick, Brightwater Homes, 230 Hammond Drive, Sandy Springs, Georgia 30328 I want to read from another neighbor who was not able to be here due to the short notice of this application. This neighbor, Tom Martston, lives less than 250 feet from the tower and about 200 feet from the property line next to this property. "Attention Mayor Lockwood and City Council, I am unable to attend the meeting tonight regarding the extension of the cell phone tower located at 330 Batesville Road, however, I am strongly opposed to this variance and want to voice my concerns. My family lives only 200 yards away from the proposed site and we would be exposed to this tower every day. This location is a residential area and not the right place for a 195 foot cell tower. The current zoning laws are there to protect homeowners like myself from an infringement like this. I strongly encourage the council to protect this residential area and vote "no" to this variance ." This tower is obviously much larger than any tree out there and much bigger than what is already there . Everyone knows that. But, the other significant part is that the tower that is currently there is the "slick stick" so it doesn 't have protrusions coming out from it. Therefore, this proposed cell tower will be a significant change. It is not only going higher, but it going to be much closer to the property line than the ordinance allows and it will be a much different type of structure than what is currently there. Another significant point is that Mr. Bowen, the property owner, told me 9 months ago before we bought a lot in the Highgrove Subdivision, that the tower that currently exists will not be any higher than it is today and will not have protrusions. I understand that by putting another tower next to it and taking down the existing tower is "technically" not making the existing tower higher or adding protrusions to it but we all know what I was asking Mr. Bowen. We are asking you tonight to allow us additional time to research our options. Frank Mauro, 290 Batesville Road, Milton, Georgia 30004 Back in 2003 when the existing cell tower was initially proposed, many residents in the area opposed it and the commissioners in Fulton County turned it down 6 to 1 and it was proposed to be a stealth tower. After it was turned down, Sprint took it to court. The court overruled, however, the specifications of the tower remained which were ; stealth, one pole, and looking like a light pole. It is nice that Triple Crown is here approving it for our area, neighborhood, and children. It will no longer affect them. In the proposed area, you need approval of a variance because of the tremendous increase in height, 30%. It will affect property values and the aesthetics of the area. I am asking the council to either vote "no" or give us more time to research and discuss other options that might be available to us. Ellen Smith First of all, this is not coming before you for a variance for height. The height that is proposed at 195 meets your ordinance restriction on height and that it not be more than 30% higher than the existing tower or lighted by FAA . I would like to address that it was mentioned that I misspoke about meeting the required setbacks . If we met all the setbacks of the current ordinance, this tower height extension would have been administratively approved . The reason we are here before you tonight with a public hearing is because we are requesting variances in two respects : 1) with respect to setbacks ; when I said they are the same, I meant that the tower is located closer because we are moving it approximately 22 feet closer to Batesville Road. We meet the setback with respect to Batesville Road. We are requesting variances on the other sides of the tower but we are not moving the tower any closer than the existing site than it already is. The existing site is already to property lines. So, yes, we are within 49 feet of our Regular Meeting of the Milton City Council Monday, January 6, 2014 at 6:00 pm Page90f14 NEW BUSINESS 1. Consideration of a Resolution Appointing the Chief Judge of the Municipal Court for the City of Milton Georgia Pursuant to Article V of the City Charter. (Agenda Item No. 14-007) RESOLUTION NO. 14-01 -280 (Mayor Joe Lockwood) Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 14-007. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmembers Hewitt and Longoria were absent. ADMINISTER OATH OF OFFICE TO CHIEF JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON (Sworn in by Mayor Joe Lockwood) 2. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Board of Zoning Appeals for District lIPost 1, District 21P0st 1, District 3/Post 1 and At Large. (Agenda Item No . 14-008) RESOLUTION NO . 14 -01 -281 (Mayor Joe Lockwood) Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-008 appointing James Hilley to District 1; Walter Rekuc to District 2; and Gary Willis At Large. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmembers Hewitt and Longoria were absent. The following Agenda Item No. 14-009 was deferred to the January 22 , 2014 Meeting by Motion and Vote during Approval ofMeeting Agenda. 3. Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals for District 3/Post 2. (Agenda Item No . 14-009) (Mayor Joe Lockwood) 4. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Design Review Board for District IlPost 1, District 2IPost 1, District 31P0st 1 and At Large . (Agenda Item No. 14-010) RE OLUTION O . 14-01-282 (Mayor Joe Lockwood) Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-010 appointing Marty Littleton to District 1; Steve Check to District 2; Laura Wysong to District 3 and Bruce Smitherman At Large. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). Council members Hewitt and Longoria were absent. Regular Meeting of the Milton City Council Monday, January 6,20 14 at 6:00 pm Pagellofl4 8. Consideration of a Professional Services Agreement between the City of Milton and E.M.S. Ventures, Inc. d/b/a Rural Metro Ambulance Service to Provide Supplemental Emergency Medical Ambulance Transport Services for the City of Milton. (Agenda Item No . 14-014) (Chief Robert Edgar, City of Milton Fire Department) Robert Edgar, Fire Chief This is a supplemental agreement to our contract with Rural Metro Ambulance Service. It allows our Fire Department to add an ambulance to our system that will be able to transport critical patients when there is not a Rural Metro Ambulance on scene or during critical times when we have a high call volume and there is a delay in response from Rural Metro. This ambulance would be staffed with City of Milton Fire Fighters. There will be one fire fighter assigned to that unit on a daily basis and if it had to conduct a transport, we would take a fire fighter off the engine and place him on the ambulance to do the transport. This agreement enhances our level of service that we provide to the community today. It also allows for any reimbursement costs that are tied to this unit during transport such as equipment, fuel, and personnel costs while they are on a transport to the hospital. Mayor Lockwood Is this based on all the terms that have already been agreed upon; compensation, etc.? Bob Edgar Correct. This is based on the agreement that we have worked very hard on and Mr. Jarrard has been involved since the beginning. It has taken a lot of work and many hours to get to this point. Councilmember Lusk Where will this ambulance be parked? Bob Edgar Currently, we have a unit at Fire Station 43. That unit is going to be moved to station 42 which will make it centrally located and we will place our unit at station 43. The unit that we have today has been a loner to us as a 24 hour unit. Once our unit goes in service, the 24 hour unit for Rural Metro will reduce down to a 12 hour unit and our unit will be a 24 hour unit. It puts two units in the city, our unit will never leave the city, but the other unit provided by Rural Metro will have to respond to calls wherever they are located, i.e. Roswell, Alpharetta, etc. Councilmember Thurman If I am reading this spreadsheet correctly, the reimbursement we will receive each year is only $9,000. Is that correct? Bob Edgar Yes, that is totally based on how many calls we expect to make during that year. I think we based this number off of 20% of the total call volume of the city. It may be a little bit higher. I don't want to give the impression that it is revenue generating for us, it is not. That is what we estimate it to be. Regular Meeting of the Milton City Council Monday, January 6, 2014 at 6:00 pm Page 13 of 14 Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 14-015. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmembers Hewitt and Longoria were absent. 10. Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Facility and Fields Use Policy. (Agenda Item No . 14-016) RESOLUTION NO . 14 -01 -286 (Jim Cregge, Parks and Recreation Director) Jim Cregge, Parks and Recreation Director Parks and facilities in the City of Milton are growing and continue to grow. This past summer, we identified the need to establish formal rental policies for these facilities. The resolution in front of you tonight represents three months of hard work by the Parks and Recreation Board. During that time, we studied five other Parks and Recreation agencies to get the best ideas and worked with our legal counsel to put together this policy. Councilmember Kunz I just want to congratulate you and your board for establishing this policy. I know you had some very difficult challenges putting it together. I read the entire policy and agree with all of it. Thank you for your hard work. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-016. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). The following item was added to the Agenda under New Business by Motion and Vote during Approval ofMeeting Agenda. • Consideration of A Resolution of the City of Milton, Georgia Enacting An Emergency Moratorium for 30 Days to Bar the Acceptance of Applications for Rezonings to the CUP, NUP, TR, R-2 and R-2A Zoning Districts. RESOLUTION NO . 14 -01 -27 8 Ken Jarrard, City Attorney By way of emergency request, you have in front of you a short term moratorium. This will allow the commencement ofa review of the performance standards of various components of the City of Milton's zoning code. There has been an ongoing concern of whether or not the performance standards meet the needs of Milton at this time. It is the request of staff and in the best interest of the city that we go ahead and adopt a short term moratorium that Georgia Law allows us to enact without a public hearing. In the meantime, my office along with the City Manager's office will work together to run a legal ad to have a public hearing for a longer term moratorium that will run until we can bring back a proposal for potentially modifying the Milton zoning code. This resolution will place a moratorium which will bar the acceptance of applications to rezone property in the CUP, NUP, TR, R2, and R2A zoning categories