HomeMy WebLinkAboutMinutes CC - 06/05/2017 - MINS 06 05 17 REG (Migrated from Optiview)I
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Regular Meeting of the Milton City Council
Monday, June 5, 2017 at 6 :00 pm
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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 M eeting proceedings. Official Meetings are audio and video recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on June 5,
2017 at 6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Pastor Jerry Dockery , Crabapple First Baptist Church, Milton, Georgia
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember
Lusk , Councilmember Hewitt, and Councilmember Longoria.
Councilmembers Absent: Councilmember Mohrig
PLEDGE OF ALLEGIANCE (L ed by Mayor Jo e Lockw ood)
APPROVAL OF MEETING AGENDA
(Agenda Item No. 17-138)
Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the
following changes:
• Add "Consideration of an Ordinance to Amend Chapter 4 , Alcoholic Beverages (BYOB)"
to First Presentation
Councilmember Lusk seconded the motion. The motion passed unanimously (6-0).
Councilmember Mohrig was absent from the meeting.
Regular Meeting of the Milton Ci ty Council
Monday, June 5, 2017 at 6 :00 pm
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PUBLIC COMMENT
Th e following individuals submitted a public comment card:
Francia Lindon , 14810 East Bluff Road , Milton, Georgia 30004
James Frye , 822 Hollbrook Lane , Milton, Georgia 30004
Tim Becker, 15625 Canterbury Chase , Milton, Georgia 30004
Robin Fricton, 2970 Francis Road , Milton, Georgia 30004
CONSENT AGENDA
1. Approval of the May 15 , 2017 Regular City Council Meeting Minutes.
(Agenda Item No . 17-139)
(S udie Go rdon, City Clerk)
2. Appro val of City of Milton Title VI Non-Discrimination Agreement.
(Agenda Item No. 17-140)
(Ca rter Lucas, Assistant Ci ty Manager)
3. Approval of the followin g Subdivision Plat:
Name of Development I Location Action Comments I# Total
lots Acres
1. Pittman Family Farms
LL916 Minor Plat 3 Lots 4.69
Freemanville Road
(Agenda Item No. 17-141)
(Kath leen Field, Co mmunity Developm ent Direc tor)
4. Approval of the following Subdivision Plat:
Name of Development I Location Action Comments/# Total
lots Acres
l. Michael Bradley Flack
LL 1134 Minor Plat 2 Lots 1.496
Mid Broadwell Road
(Agenda Item No. 17-142)
(Kat hlee n Fi eld, Co mmunity D ev elopm ent Director)
Density
.64 Lots I acre
Density
1.3 Lots I acre
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember
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was absent from the meeting.
Hewitt seco nded the motion. The motion passed unanimously (6-0). Councilmember Mohrig I
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Regular Meeting of the Milton Ci ty Council
Monday, June 5, 2017 at 6 :00 pm
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REPORTS AND PRESENTATIONS
1. Proclamation Honorin g Cambridge and Milton Students Who Chose to Serve Their
Country in a Military Career.
(Pr esent ed by Co un cilm emb er Bill Lus k)
2. MDA City of Milton Firefighter Appreciation Proclamation.
(Presented by Mayo r J oe Lockw oo d)
3. Presentation of City of Milton New Firefighters .
(Pres ent ed by Bob Edg ar, Fir e Chief)
The following First Presentation Item was added by Motion and Vote during Approval of
Meeting Agenda:
FIRST PRESENTATION
1. Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 4 ,
Alcoholic Beverages of the Code of the City of Milton, Georgia, Bring Your Own
Beverage (BYOB).
(Agenda Item No. 17-145)
(Sarah LaDart, Econom ic Developm ent Manager)
Motion and Vote: Councilmember Thurman moved to approve the First Presentation Item.
Councilmember Kunz sec onded the motion. The motion passed unanimously (6-0).
Councilmember Mohrig was absent from the meeting.
PUBLIC HEARING (No ne)
ZONING AGENDA (No n e)
Re g ular Meeting of the Milton Ci ty Council
Monday, June 5, 2017 at 6 :00 pm
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UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Appendix A Related to Chapter 4 , Alco holic
Beverages of the Code of the City of Milton, Georgia.
ORDINANCE NO. 17-06-320
(Agenda Item No. 17-129)
(Firs t Pres entation at May 15, 201 7 R egular City Co un cil Meetin g)
(Sarah LaDart , Eco n omic Developm ent Manager)
Sarah LaDart, Economic Development Manager
The first change is actually creating the pricing for the three new permits that were approved with
the Chapter 4 amendments. The second change is to start pro-rating the fees monthly instead of
only doing it one time at the end of July. The third amendment is the adjusted interest rate charge
for delinquent establishments to correlate to HB 960 which is .56% per month .
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No . 17-129.
Councilmember Kunz seconded the motion. The motion passed unanimously (6-0).
Councilmember Mohrig was absent from the meeting.
2. Consideration of an Ordinance to Amend Appendix A, Parks and
Recreation Fees and Other Charges , Chapter 34 , Section 24 of the Milton
City Code.
ORDINANCE NO. 17-06-319
(Agenda Item No. 17-128)
(F ir st Prese ntation at May 15 , 20 17 Regular City Co unc il Mee ting)
(Jim Cregge, P arks and R ecreati on Dir ector)
Jim Cregge, Parks and Recreation Director
This is the second reading for changes to Appendix A for the fees associated with Parks and
Recreation activities . Specifically, this amendment changes the pricing schedule that we are
currently using for renting facilities. It also allows us to add facilities that the city has now
approved fo r the public to rent.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 17-128.
Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0).
Councilmember Mohrig was absent from the meeting.
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Regular Meeting of the Milton Ci ty Council
Monday, June 5 , 2 017 at 6 :00 pm
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3. Consideration ofT17-0 2NC 17-0 4 -12910 Highway 9 by Pinnacle Towers , LLC -To
Remove Existing 180 Foot Wireless Communications Tower and Replace with a New 180
Foot Wireless Communication Tower and Shift 14 Feet to the North and Request Variance
to Reduce Tower Setback from 270 Feet to 165 Feet [Section 54-6(d)(2)].
ORDINANCE NO. 17-06-321
(Agenda Item No. 17-126)
(Fir s t Pr esentati on at May 15, 201 7 Regular City Co un cil M eetin g)
(Kathl ee n Fi eld, Co mmunity Developm ent Dir ec tor)
The following individuals submitted a public comment card:
Ellen Smith, 100 Galleria Parkway , Suite 1800 , Atlanta, Georgia 30339
Heather Wasnick , 16760 Quayside Drive , Milton, Georgia 30004
K athleen Fi eld , Community Deve lopm ent Dire ctor
The first slide shows the site outlined in red. The second slide shows the current zoning which is
TS . The next slide shows the distance between the existing tower and the proposed site for the
new tower. The elevation of the two towers are the same. The request is being made by Pinnacle
Towers presented by Ellen Smith . Part of the existing use is used by Stanton Heating and Air
Conditioning and there is an existing 180 foot monopo le communications tower also on the site.
The requested modification is to remove existing 180 foot wireless communications tower and
replace with a new 180 foot wireless communication tower and shift the replacement tower 40 feet
to the north. The requested concurrent variance is to reduce the tower setback from 270 feet to
165 feet. The subject site is approximately 1.49 acres in size and fronts on SR 9 , currentl y zoned
T-5 (Transect Zone). Since the early 1990 's, the property has been owned and used by Staton
Heating & Air Conditioning for its offices , and since the late 1990s the existing
telecommunications facility has been located on an approximately 0 .11 acre portion of the
property . This existing facili ty was permitted more than a decade ago prior to the incorporation of
the City of Milton. The existing faci lity currently supports four wireless carriers: Sprint, T-Mobile,
Verizon , and AT&T Mobility. Crown Castle owns and manages the Facility, pursuant to a ground
lease agreement with the property owner. Staff notes that the Mayor and City Council amended
Chapter 54 , Telecommunication in Jul y of 2013 to allow for modifications of existing towers in
certain limited circumstances which include : "The removal and replacement of a pre-existing
tower with a tower at the same location that may be up to 30 % taller so long as any such structure
height increase does not trigger FAA lighting requirements." In addition , Sec . 54 -7(a)(2) of the
Telecommunications Ordinance provides that concurrent variance requests are appropriate. The
applicant is also requesting a concurrent variance as discussed below. This is the third request for
modification of a telecommunications facility with concurrent variances that has been before the
Mayor and City Council for their Consideration. The previous two facilities were located at 300
Bates ville Road and at 13700 Hwy 9 . Modification Request : Crown Castle is seeking to remove
the existing tower and replace it with a new facility that is the same height and remains within the
existing leased area. To ensure that there is as little interruption to service from the existing
facility , the new or modifie d facility will be constructed approximately 40 feet from the existing
Regular Meeting of the Milton City Council
Monday, June 5 , 2017 at 6 :00 pm
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facility and the carriers will be relocated one by one from the existing to the modified facility
before Crown Castle decommissions the existing facility. Concurrent Variance Request: Staff
notes that the proposed modification would be acceptable for expedited review and immediate
building permit with the exception that the facility does not meet the setback requirement for the
newly located facility. Therefore, the applicant has requested the following concurrent variance :
to reduce the tower setback from 270 feet to 165 feet (Sec. 54-6( d)(2)). The setback is required to
be 1.5 times the tower height and therefore, the request is to reduce it from 270 feet to 165 feet.
The modified facility (165 feet from the rear property line) will be approximately 15 feet closer to
the rear property line than the existing facility (179 .2 feet from centerline of the existing facility
to the property line). The tract immediately to the rear or north of the property is residentially
used and is zoned T-4 Open. The applicant seeks to reduce the required tower setback out lined in
Sec. 54-6(d)(2) from 270 feet (tower height plus 50%) to 165 feet. Although the proposed tower
is 15 feet higher than the fall zone of 165 feet , the applicant submitted a report from the tower
engineer stating: "This design enab les the pole to fail through a combination of bending and
buckling in the upper portion of the pole under a catastrophic wind lo ading. Failure in this manner
will result in the upper portion of the pole folding over the lower portion, resulting in a fall radius
no greater than 52 feet." The facility meets all other requirements of the Telecommunications
Ordinance. Staff notes that although this is a concurrent variance request per Chapter 54,
Telecommunications , it is not required to show "hardship " but only to meet the procedural
requirements of the Georgia Zoning Procedures Law which addresses advertising and public
hearing req uirements for the application. The Telecommunications ordinance allows the applicant
to request a modification that will allow separate wireless carriers to collocate on the facility and
that the collocation would negate the need for a new facility in this area. Nevertheless, the
applicant's letter of intent states the following in accordance with the Application form
requirements as follows:
1) Relief, if granted in the form of approving the modification and concurrent variances,
would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval
of this Application serves a number of stated purposes of the Wireless Ordinance including,
among others , minimizing the total number of towers and antennas within the City , promoting
the joint use of existing tower sites among service providers, and enhancing the ability of
providers of wire less communications services to deliver services to the community effectively
and efficiently. See Wireless Ordinance Sec. 54-1 (1 ), (8), and (9).
2) There are extraordinary and exceptional conditions pertaining to the Property, the Site
and Existing Facility such th at lit eral or strict application of the Ordinance would create an
unnecessary hardship due to size and shape of the Property and caused by the existing location
and design of the Existing Facility that do not result from Castle's application. Most importantly,
the structural integrity of the Existing Facility prohibit further modification .
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Regular Meeting of the Milton City Council
Monday, June 5 , 2017 at 6:00 pm
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3) Relief, if granted , would not cause a substantial detriment to the public good or
surrounding properties particularly because the Existing Facility has operated, with the existing
setbacks and landscaping for a number of years. The modification to allow the Modified Facility
will have no detrimental impact on any surrounding property owner; instead, it will allow the
four existing carriers to continue to serve their customers working , traveling and going to school
in this surrounding area.
4) By approving this Application, public safety, health and welfare are secured, and
substantial justice will be done.
STAFF RECOMMENDATION: Based on the fact that the proposed requests satisfies the
Purpose and Intent of the Telecommunications Ordinance, Staff recommends APPROVAL
CONDITIONAL of Tl 7-02 and APPROVAL CONDITIONAL of VCl 7-04 which encourages
the deve lopment of wireless communications while protecting the health , safety, and welfare of
the public and maintaining the aesthetic integrity of the community.
Recommended Conditions: Should the Mayor and City Council choose to approve the
application, Staff recommends the following conditions(s):
1. The maximum height of the facility shall be 180 feet. Said facility shall be a "monopole"
m appearance .
2. The total leased area shall remain in the same location and size of approximately 0.11
acre.
3. To provide a tower setback of 165 feet from the centerline of the wireless facility to the
north property line as shown on the Site Plan submitted on April 21, 2017. (Sec. 54 -
6( d)(2), VCl 7-04)
M otion and Vo te : Councilmember Hewitt moved to approve Agenda Item No. 17-126 with the
following stipulation:
• The old cell tower must be removed within 120 days of the new cell tower being installed.
Councilmember Longoria seconded the motion. The motion passed unanimously (6-0).
Councilmember Mohrig was absent from the meeting.
Regular Meet ing of the Milton City Council
Monday , June 5, 2017 at 6:00 pm
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4. Consideration of An Amendment to Ordina nce Amending Ordinance No. 17-04-307 ,
Creating the Milton Greenspace Advisory C ommittee (Numbe r of Members].
(Agenda Item No. 17-127)
ORDINANCE NO. 17-06-322
(Firs t Presen tation at May 15 , 201 7 Regular City Co un cil Meeting)
(Ken Jarrard, City Attorney)
The following individuals submitted a public comment card:
Laura Rencher , 1060 Birmingham Road , Milton, Georgia 30004
Ken Jarrard, C ity Atto rn ey
This will simply change some language pertaini ng to the number of members. As you are all
aware, the slat of members to the Milton Gree ns pace Advisory Committee has already been
selected; however, the ordinance anticipated that once the number of members had been
established, then the actual number of members would be included in the ordinance. The number
of members selected was seven so that is the only change that will be made on the ordinance. The
number seven will be inserted in the ordinance indicating the number of members that constitute
the committee.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 17-127 with the
following modification :
• Remove 2.b.(2) "if membership is an even number, a numb er that is one-half of the
appointed membership plus one (i.e ., if a ten-member committee, a quorum shall be six)"
Councilmember Longoria seconded the motio n. The motion passed unanimously (6-0).
Councilmember Mohrig was absent from the meeting.
NEW BUSINESS
1. Consideration of a Letter to the Members of the Local Delegation Transmitting the City
of Milton 's Charter Commission's Recommended City Charter Revisions.
(Agenda Item No. 17-143)
(Ken Jarrard, C ity Attorney)
The following individuals submitted a public comment card:
Tim Becker, 15625 Canterbury Chase, Milton, Ge orgia 30004
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Re g ular Meetin g of the Milton City Council
Monda y, June 5, 2017 at 6:00 pm
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Ken Jarrard, City Attorney
As you are aware , the City o f Milton has a requirement in its Charter for the establishment of a
Charter Commission. They had their first meeting in 2011 and then are required to meet in five
year intervals thereafter. So , this is an opportunity for an independent entity to review the City of
Milton Charter and make re commendations for changes that can improve how city business is
conducted. So , this Charter C ommission has held several meetings and has made recommended
changes to the Charter. The letter in y our packet is dated May 15 , 2017 and has been signed by
every member of the Charter Commission.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 17-143 .
Councilmember Lusk seconded the motion. The motion passed unanimousl y (6-0).
Councilmember Mohrig was absent from the meeting.
MAYOR AND COUNCIL REPORTS
I STAFF REPORTS
Department Updates
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1. Public Works
2. Fire
3. Community Outreach
Carter Lucas, Public Works Director
Our new Facilities Manager, Dennis Miller, started last week. He comes to us with 30 years of
experience from the City of Roswell. We have completed all of our new Public Works service
contracts. We now have fo ur new contractors ; Tri-State will handle our Parks and Recreation
facilities , NGL will conduct all of our right-of-way mowing, Siemens continues to work on our
traffic signals , and Road Works is handling all of our right-of-way maintenance. We were able
to bring these new contracts in under budget. Gravel road maintenance started today . The y are
starting in the north of the city and working their way south. It should take two to three weeks to
complete. We received our first TSPLOST distribution . Revenues were down county-wide from
what was expected. This was probably due to collections. We are moving forward with three of
our projects. Staff is working with GDOT on the SR 140 and Green intersection. We are
looking at putting traffic signals at that location. We have moved forward with the Crabapple
Northeast connector (Mayfield-Charlotte intersection improvement) as well as the extension of
Charlotte. We are also moving forward with the Hopewell-Bethany intersection improvement.
Regular Meeting of the Milton City Council
Monday, June 5, 2017 at 6:00 pm
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Bob Edgar, Fire Chief
We collected $79 ,347.26 for MDA. We are in the number one place in the state for MDA
collections. We have a new pharmacy provider for all our medical needs on our trucks. We are
no longer using North Fulton Hospital. We had EMS week and participated in a CPR Day which
was a nationwide program . Milton firefighters were able to train 24 people at Home Depot.
Courtney Spriggs, Community Outreach
The Memorial Day ceremony was a big success thanks to the entire community involvement.
We have our Beach Bash on June 24th . We are going to have a Veterans Day breakfast at City
Hall and we will also host our Literary Festival that day which will feature Veterans who are
authors. We are gGing to combine Christmas in Crabapple with our Tree Lighting since we have
the new tree at Broadwell.
ADJOURNMENT
(Agenda Item No. 17-144)
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Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 8:00 p.m .
Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0).
Councilmember Mohrig was absent from the meeting.
Date Approved: May 15 , 2017
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