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HomeMy WebLinkAboutMinutes CC - 07/24/2017 - MIN 07.24.17 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page I of 13 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 July 24, 2017 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Jason Howard, Stonecreek Church, Milton, Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thunnan, Councilmember Lusk, Councilmember Kunz, and Councilmember Mohrig. Councilmembers Absent: Councilmember Hewitt and Councilmember Longoria. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 17-180) Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss potential land acquisition and personnel Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. PUBLIC COMMENT Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 2 of 13 CONSENT AGENDA Approval of the July 10, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-181) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending June 2017. (Agenda Item No. 17-182) (Bernadette Harvill, Finance Director) 3. Approval of Agreements for Secure Document Destruction between the City of Milton and EcoShredding for Services at Heritage Walk and Deerfield Parkway. (Agenda Item No. 17-183) (Bernadette Harvill, Finance Director) 4. Approval of a Change Order to an Existing Pest Control Services Agreement between the City of Milton and All Exterminating. (Agenda Item No. 17-184) (Dennis Miller, Facilities Manager) 5. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for TSPLOST Batch 1 Design Services. (Agenda Item No. 17-185) (Carter Lucas, Assistant City Manager) 6. Approval of a Task Order to Provide TSPLOST Program Management. (Agenda Item No. 17-186) (Carter Lucas, Assistant City Manager) 7. Approval of a Task Order to Provide Advanced Right of Way Appraisals. (Agenda Item No. 17-187) (Carter Lucas, Assistant City Manager) 8. Approval of Subdivision Plats and Revisions Approval. Name of Development / Location Action Comments / # Total Density lots Acres 1. 13360 Freemanville LL 956 & 989 Minor Plat 2 Lots 4.5 0.44 Lots / acre Freemanville Road (Agenda Item No. 17-188) (Melissa Branen, Zoning Technician) Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 3 of 13 Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda Items. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Jasmine Stewart as Masterchef Junior Challenge Winner. (Presented by Councilmember Karen Thurman) 2. Proclamation Recognizing Chris and Zach Giannini Appreciation Day. (Presented by Mayor Joe Lockwood) FIRST PRESENTATION (None) PUBLIC HEARINGS 1. Consideration of A Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing Moratorium Barring Until July 25, 2017, the Acceptance of Applications for Concept Plan Approval and Applications for Issuance of Land Disturbance Permits for Property Located within the Crabapple Form Based Code District That is Adjacent to the Boundaries of the Crabapple Form Based Code District. (Agenda Item No. 17-189) (Ken Jarrard, City Attorney) PUBLIC COMMENT The following individuals submitted a public comment card: Tamar Faulhaber, 2040 Knightsbridge Way, Alpharetta, Georgia 30004 Eric Faulhaber, 2040 Knightsbridge Way, Alpharetta, Georgia 30004 John E. Bowles, 2010 Knightsbridge Way, Alpharetta, Georgia 30004 Patricia Lindquester, 5095 Jonquilla Drive, Alpharetta, Georgia 30004 David Lindquester, 5095 Jonquilla Drive, Alpharetta, Georgia 30004 Thomas Upton, 12489 Danesfeld Drive, Alpharetta, Georgia 30004 Roger Bauer, 2020 Knightsbridge Way, Alpharetta, Georgia 30004 Anthony Drummond, 5005 Jonquilla Drive, Alpharetta, Georgia 30004 Stan Brovont, 12497 Danesfeld Drive, Alpharetta, Georgia 30004 Mike and Terri Long, 12482 Broadwell Road, Milton, Georgia 30004 Marcy and Curt Howard, 12474 Broadwell Road, Milton, Georgia 30004 Tom and Kelly Corsetti, 12485 Danesfeld Drive, Alpharetta, Georgia 30004 Rhonda and Richard Thomas, 12518 Broadwell Road, Alpharetta, Georgia 30004 Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 4 of 13 Becky Nollner, 5050 Jonquilla Drive, Alpharetta, Georgia 30004 Tracy Matkovich, 12513 Danefeld Drive, Alpharetta, Georgia 30004 Richard Thomas, 12518 Broadwell Road, Alpharetta, Georgia 30004 Deb and Steve Vandelco, 12509 Danesfeld Drive, Alpharetta, Georgia 30004 Ken Jarrard, City Attorney The purpose of this public hearing is to possibly extend the moratorium that was put in place on June 21, 2017. We have run a legal ad and tonight you have the opportunity to extend the moratorium. ALCOHOL BEVERAGE LICENSE APPLICATIONS PUBLIC HEARING 2. Consideration of the Issuance of an Alcohol Beverage License to PLP Restaurant #6, LLC, DBA Peace Love and Pizza, 12640 Crabapple Road, Suite 100, Milton, Georgia 30004. (Agenda Item No. 17-190) (Bernadette Harvill, Finance Director) Bernadette Harvill, Finance Director They have complied with all of our requirements and staff recommends approval. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-190. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. 3. Consideration of the Issuance of an Alcohol Beverage License to Milton Pie LLC, DBA Your Pie, 2955 Bethany Bend, Suite 400, Milton, Georgia 30004. (Agenda Item No. 17-191) (Bernadette Harvill, Finance Director) Bernadette Harvill, Finance Director They are requesting a wine and malt beverage license. They have complied with all of our requirements and staff recommends approval. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 17-191. Councilmember Lusk seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 5 of 13 4. Consideration of the Issuance of an Alcohol Beverage License to Barnyard Spirits LLC, DBA Barnyard Spirits, 15840 Birmingham Highway, Suite B, Milton, Georgia 30004. (Agenda Item No. 17-192) (Bernadette Harvill, Finance Director) Bernadette Harvill, Finance Director They currently hold a retail package license for distilled spirits and wine and they want to add malt beverages. They have complied with all of our requirements and staff recommends approval. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-192. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. 5. Consideration of the Issuance of a Limited Alcohol Beverage License to AR Workshop North Georgia LLC, DBA AR Workshop Milton, 12640 Crabapple Road, Suite 240, Milton, Georgia 30004, for Bring Your Own Beverage (BYOB) and Incidentals. (Agenda Item No. 17-193) (Bernadette Harvill, Finance Director) Bernadette Harvill, Finance Director AR Workshop would like to implement two of the new licenses that we just approved in May and June. The participants can bring in their own beverages according to the limited rules that we have or the owner can offer the limited amount; two glasses of wine. They have complied with all of our requirements and staff recommends approval. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 17-193. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. ZONING AGENDA (None) Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 6 of 13 UNFINISHED BUSINESS 1. Consideration of T17-01-1 and 3 Verizon Place by Verizon Wireless c/o Troutman Sanders LLP for a proposed rooftop antenna and a request for; 1) Waiver from Section 54-6(b) to allow roof top antennas to be located less than 3,500 feet from an existing telecommunications facility; and 2) Waiver from Section 54-6(h) to allow the rooftop antennas and associated structures to project 13 feet rather than the maximum ten feet above the roofline. ORDINANCE NO. 17-07-324 (Agenda Item No. 17-169) (First Presentation at July 10, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director The site map is in front of you tonight shows the applicant's site. It shows the locations of antennas 1 and 2 on one building and also antenna 3 on the building to the north. The circle in the middle shows the coverage right now without the proposed antennas. The code requires 3,500 feet from an existing facility to a new one. This slide shows the distance from the new one to the existing facility and it is a little under 3,000 feet which is the reason for waiver one. The reason for waiver two is that on both of the buildings the tower will extend more than ten feet above the roof line. They have proposed thirteen feet. This is the first application for new telecommunications equipment that has been reviewed since the adoption of the Telecommunications Ordinance (Chapter 54 of the City Code) on December 7, 2009. Previously, this type of request had been applied for within the Zoning Ordinance as a Use Permit. Staff notes that this request is not for a traditional monopole tower, but for antennas to be installed on the roof of One Verizon and Three Verizon office buildings within the Verizon Wireless campus at the corner of Deerfield Parkway and Morris Road. This type of equipment nonetheless still requires a full review and approval by the Mayor and City Council. Verizon Wireless is requesting to install two sets of antennas with two antennas on One Verizon and one antenna on Three Verizon. The purpose is to provide 4G LTE technology for wireless voice and data services, especially for the Verizon Wireless campus itself. Verizon states that capacity issues on the Windward and Leeward (On the east side of GA 400) sites affect network performance and customer experience. Placing antennas on the roof of the Verizon Headquarter buildings will help alleviate the congestion by absorbing the traffic from employees and users in the parking lots and exterior areas on/near the Verizon Campus. In regards to the existing LTE coverage with the antennas, the dominant signal provided by the proposed antennas on the roof of the buildings will allow customers to benefit from the improved Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 7 of 13 coverage with faster speeds and better overall performance. It will also will improve the Windward and Leeward sites further improving the network and customer experience. Each antenna has a 12'x12' lease area on the roof. The height of each of the proposed antennas is 13 feet in height. The rooftop height of both buildings is 30.8 feet and once installed, the top of the antenna will be 43.8 feet. This request was first presented at the May 24, 2017 Planning Commission Meeting. Just prior to the meeting, the City Attorney determined that instead of a Concurrent Variance, a "waiver" would be required pursuant to the Telecommunication Ordinance and therefore the revised would need to be re -advertised accordingly. At the May 24, 2017 Planning Commission Meeting, the request was deferred to June 28, 2017 to allow for the required advertising. Survey of Requests Waiver 41 - Waiver from Section 54-6(b) to allow roof top antennas to be located less than 3,500 feet from an existing telecommunications facility. • Staff has discovered that the proposed roof antenna is less than 3,500 feet (approximately 2,974 feet) from an existing facility located at 12910 Hwy 9. Waiver #2 - Waiver from Section 54-6(h) to allow the rooftop antennas and associated structures to project 13 feet rather than the maximum ten feet above the roofline. • The applicant has requested a waiver for the height (no antenna can project more than 10 feet above the roof line). These waivers may be achieved through approval action by the Mayor and City Council under the provisions of the Telecommunications Ordinance. STAFF ANALYSIS OF REQUIREMENTS IN THE TELECOMMUNICATION ORDINANCE (CHAPTER 54 OF THE CITY CODE) General Requirements — See. 54-5 The applicant's submittal appears to meet the requirements as listed in Sec. 54-5 of the Telecommunications Ordinance. Staff notes that there is not a need for a landscape plan as the antennas are on top of a building and existing landscaping provides adequate screening. Telecommunications facility permits shall be reviewed by the Mayor and City Council in accordance with the standards set forth in this chapter. Approval of any application for the Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 8 of 13 construction of a new tower or placement of an antenna shall be based on consideration of the following factors: (1) Demonstrated need for proximity to residential structures and residential district boundaries: The proposed antennas are located within a 49 acre office park, with Lake Deerfield development located to the northeast, which is approximately 515 feet away from the closest roof top antenna. In addition, based on the balloon test and photo simulations, the proposed antenna will not be seen within the property when standing in the same direction of the townhomes. (2) Demonstrated need for the proposed height of the tower: The applicant has submitted the RF study and has demonstrated that the proposed 13 foot high antenna on top of the buildings will provide the needed coverage for this location. See coverage maps above. (3) Minimal impact on the use of adjacent properties: It is Staff's opinion that the type and size ofproposed antenna, will have a minimum impact on the use of adjacent properties as demonstrated by the results of the balloon tests. (4) Surrounding topography, tree coverage and foliage that buffer the potential visual impact of the telecommunications facility: The existing mature trees and foliage surrounding the subject buildings and the size of the antenna provide more than adequate buffer from the surrounding uses. (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness, to include consideration of stealth technology installations: The antennas will be painted black or match the roof color as recommended by the Design Review Board at its May 2, 2017 meeting, to blend in with the parapet and ballast mounted on the roof tops of both buildings. (6) Proposed ingress and egress: There will be no ingress and egress required as the service entrances already exist. (7) Availability of suitable existing towers, other structures, or alternative/emerging technologies (microcells) not requiring the use of towers or structures: This applicant stated that this request is specifically for the Verizon owned building and no other structures or towers were considered. Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 9 of 13 (8) Demonstrated need for the telecommunications facility at the specified site: The applicant's Radio Frequency Design Engineer's presentation which is part of the application demonstrates the need for this request. Development requirements for Towers — Sec. 54-6 Staff has reviewed all development requirements and all are met except for the two waivers as applied by the applicant. Staff Recommendation Based on consideration of the factors listed above, Staff recommends APPROVAL CONDITIONAL of T17-01 and Waivers 1 and 2 as requested by the applicant. If the Mayor and City Council chooses to approve the request, Recommended Conditions are listed below. RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the telecommunication facilities at One and Three Verizon Place should be approved subject to the owner/applicant's agreement to the following enumerated conditions. 1) To the owner's/applicant's agreement to abide by the following: a) To the telecommunication facility application (including site plans, building elevations, and details of roof antennas) received by the Community Development Department on February 27, 2017 including subsequent revisions and or additions to the application. b) Waiver 41 to allow the roof antennas to be located less than 3,500 feet from an existing telecommunications facility (Sec. 54-6(b)). c) Waiver #2 to allow the roof top antennas and associated structures to project more than ten feet above the roof line (Sec. 54-6(h)). d) All antennas shall be painted black or a color which matches the roof color. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 17-169. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 10 of 13 2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 11, to Revise the City's Procurement Policy with Respect to the Definition of Professional Services; the Competitive Procurement Requirements for Such Services; and for Other Lawful Purposes. Policies, Section 2-621 — Scope. ORDINANCE NO. 17-07-32.5 (Agenda Item No. 17-171) (First Presentation at July 10, 2017 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) Stacey Inglis, Assistant City Manager We have reviewed the professional services part of our purchasing policies and compared it to what other cities have in their policies. We looked at Alpharetta, Roswell, Department of Administrative Services with the State of Georgia, Johns Creek, Sandy Springs, Brookhaven and Dunwoody. We compared our professional services definition and our maximum threshold for exemption of competitive procurement to their policies and we found that we were a little more restrictive in the professional services definition. We want to broaden that definition. Some of the examples that were given in our professional services definition included "services requiring a specialized bachelor's degree or graduate degree and also requiring licensing or certification by a Georgia statewide or national authorizing entity including but not limited to engineering, architectural services, accounting services and legal services." I know that engineers are not required to have a bachelor's degree or graduate degree along with a certification or licensing and we wanted to make sure that we incorporate a little bit more than what our professional services definition requires. So, we are requesting to change the definition to include, "services requiring the exercise of substantial discretion and independent judgment rendered by a firm having expertise due to advanced specialized education and training licensure or skills acquired either by a prolonged course of study or equivalent experience. This shall include Certified Public Accountancy, Actuarial Services, Architecture, Landscape Architecture, Interior Design, Licensed or Accredited Appraising, Licensed or Accredited Financial Analysis providing opinions of value, professional engineering, veterinary medicine, land surveying and law. We also looked at our bidding threshold which is $30,000 so anything less than $30,000 is exempt from competitive bidding. We are requesting to increase our threshold to $50,000. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-171. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 11 of 13 NEW BUSINESS 1. Consideration of Subdivision Plat Approval. Name of Development / Location Action Comments / # Total Density lots Acres 1. Milton Crossing LL 263 & 314 Final 29 Lots 40.81 Lots / acre Freemanville Road Plat .71 (Agenda Item No. 17-194) (Melissa Brannen, Zoning Technician) Melissa Brannen, Zoning Technician This development is located on the north end of Freemanville Road south of Henderson Road. Total acres is 40.81 acres, one acre minimum lots, and 1.21 acres of common area. There is a 60 foot rural viewshed across the frontage and 175 foot decel lane off of Freemanville Road. It is a public road and has a mail kiosk as you enter the subdivision and a five foot sidewalk along the east side of the road. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 17-194. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. 2. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing Moratorium Barring Until July 25, 2017, the Acceptance of Applications for Concept Plan Approval and Applications for Issuance of Land Disturbance Permits for Property Located within the Crabapple Form Based Code District That is Adjacent to the Boundaries of the Crabapple Form Based Code District. RESOLUTION NO. 17-07-437 (Agenda Item No. 17-189) (Public Hearing Held at July 24, 2017 City Council Meeting) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This moratorium, if approved, will be extended until November 21, 2017. This is the moratorium that the council put in place in regards to concept plan approval and land disturbance permit approvals in the Crabapple Form Based Code area pertaining to parcels that are on the adjacent areas of the form based code. We have advertised in our legal organ, The Milton Herald. The resolution that I handed to you tonight will extend the moratorium. If this moratorium is approved, then staff will begin working on revising the code because that is the whole basis for the moratorium. Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 12 of 13 Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-189 with the addition of the following modification: • Paragraph four on the second page add the language, "so long as the application was proper when filed." Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. 3. Consideration of a Resolution In Support of Georgia General Assembly House Bill 419 (2017). RESOLUTION NO. 17-07-438 (Agenda Item No. 17-195) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney The council expressed an interest in passing a resolution showing their support to the delegation and the state general assembly that they would like a favorable review of the House Bill 419. This is legislation that has been discussed and, hopefully with favorable support from local cities, it might be pushed out for a vote. This house bill seeks more local control over the regulation of fireworks. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-195. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Parks and Recreation Kathy Field, Community Development Director We have three initiatives that we are tracking: • Tree Preservation Ordinance — The next stakeholder meeting has been scheduled for Tuesday, August 1St. We will have at least a couple more stakeholder meetings before it moves on to the Planning Commission. Regular Meeting of the Milton City Council Monday, July 24, 2017 at 6:00 pm Page 13 of 13 • Creation of the Unified Development Code — We expect the consultant to be at the August 14th Work Session to give you a diagnostic. They have been working very hard reviewing all of our codes that will be included in the Unified Development Code. They want to bring the issues forward to receive direction. • Noise Control Ordinance — This ordinance will be in front of you during the August 7th meeting. Jim Cregge, Parks and Recreation Director Our summer camps are coming to an end. Camp Joyful Souls ends this week. This was the best summer ever for Camp Joyful Souls. We sold out six of the seven weeks. We filled 172 spots out of a total of 175. Also, Children's Charities Organization gave me a check for $5,000 as a donation for Camp Joyful Souls. EXECUTIVE SESSION Motion and Vote: Councilmember Mohrig moved to go into Executive Session to discuss potential land acquisition and personnel at 7:33 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. RECONVENE Motion and Vote: Councilmember Kunz moved to reconvene the Regular Meeting at 7:46 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. ADJOURNMENT (Agenda Item No. 17-196) Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 7:48 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (5-0). Councilmember Hewitt and Councilmember Longoria were absent from the meeting. Date Approved: August 7, 2017 Sudie AM Gordon, City Clerk Joe Lockwood" yor