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HomeMy WebLinkAboutMinutes CC - 07/07/2010 - 07-07-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 1 of 15 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 recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on July 7, 2010 at 6:00 PM, Mayor Lockwood presiding. INVOCATION Tass Welch, Community of Christ Church CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL Interim City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner bailey, Councilmember Bill Lusk, Councilmember Joe Longoria, and Councilmember Alan Tart. own Councilmember Burt Hewitt was absent/excused for the July 7, 2010 meeting. PLEDGE OF ALLEGIANCE tow Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1164) Staff would like to recommend the following changes to the Meeting Agenda: 1. Add an Executive Session to Discuss Land Acquisition and Pending and Potential Litigation. 2. Move Item #3 under New Business, Agenda Item no. 10-1171, to AFTER Consent Agenda. Approval of a Resolution Amending Resolution No. 10-01-123, A Resolution Reappointing Members to the City of Milton board of Zoning Appeals Board for District 1 by adding James R. Hilley, Jr. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1164, Approval of the meeting agenda, as amended. Councilmember Longoria seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was not present for the vote.) , PUBLIC COMMENT Mayor Pro Tem Hewitt read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council. • To provide input and opinions for any matter that is not scheduled for its own Public Hearing for today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation or from Council. ft",, • Each citizen who chooses to participate in. Public Comment must complete a comment card and submit it to the City Clerk. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 2 of 15 This is not a time to engage the Mayor or Council in discussion. %no When your name is called please come forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. Chloe Dallaire, 2596 Birchwood Dr., Atlanta, GA: • I am a candidate for Fulton County Superior Court Judge. • I am a practicing attorney. • I have been a trial lawyer for 13 years. • I attended Emory Law School. • I have handled very complex cases involving legal issues all over the country. • I am offering myself for public service. • Please vote on November 2nd and visit my website at www.chloeforjud e.com Jenn Blackburn, 600 Peachtree St., Suite 5200, Atlanta, GA: • Attending the meeting on behalf of Verizon Wireless. • I would like to request a deferral of the proposed telecommunications ordinance. • We found out about the ordinance on Tuesday. • It does not seem to be in compliance with the recently passed advanced broadband colocation act. • The act was signed by the Governor on May 24, 2010 and regulates the colocation and modification of telecommunication facilities. • We would like to meet with the City and City officials and submit some comments on that ordinance and get it in line with the law. CONSENT AGENDA Interim City Clerk Gordon read the Consent Agenda items: 1. Approval of the June 7, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1165) (Sudie Gordon, Interim City Clerk) 2. Approval of the June 14, 2010 Work Session Meeting Minutes. (Agenda Item No. 10-1166) (Sudie Gordon, Interim City Clerk) Approval of an Intergovernmental Agreement for the Provision of Animal Control Services between Fulton County, Georgia and the City of Milton, Georgia. (Agenda Item No. 10-1167) (Ken Jarrard, City Attorney) 4. Approval of Laurel E. Henderson's Joint Representation of the City of Milton and All Intervenors in Action Outdoor Advertising JV, LLC, et al v. Fulton Co., et al., Sup. Ct. Fulton Co., Consolidated Action 2005 -CV -109777, Pursuant to the Terms Contained in the June 17, 2010 Letter from Laurel E. Henderson and Authorization of the Mayor's Execution of Same. (Agenda Item No. 10-1168) (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 3 of 15 Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was not present for the vote.) Added by Motion and Vote: Approval of a Resolution Amending Resolution No. 10-01-123, A Resolution Reappointing Members To The City Of Milton Board Of Zoning Appeals Board For District 1. (Agenda Item No. 10-1171) (Councilmember Karen Thurman) RESOLUTION NO. R10-07-151 Mayor Joe Lockwood swore in James Hilley, Jr., into the City of Milton Board of Zoning Appeals for District 1. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 10-1171, Approval of a Resolution Amending Resolution No. 10-01-123, A Resolution Reappointing Members To The City Of Milton Board Of Zoning Appeals Board For District 1. Councilmember Lusk seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was absent for the vote). REPORTS AND PRESENTATIONS Interim City Clerk Gordon read the presentation items. 1. A Proclamation Recognizing July Is Parks And Recreation Month. 00"M (Presented by Mayor Joe Lockwood) Mayor Joe Lockwood presented a proclamation in recognition of July Is Parks and Recreation Month. ft" 2. Recognition of Memorial Day Essay Contest Winner Amy Shehan. (Presented by Councilmember Bill Lusk) Mayor Lockwood presented a proclamation in recognition of the Memorial Day Essay Contest Winner, Amy Shehan. Amy Shehan read her essay entitled "Remember to Remember." FIRST PRESENTATION (none) PUBLIC HEARING (none) ZONING AGENDA (none) UNFINISHED BUSINESS I . Approval of an Ordinance to Replace Chapter 54, Regulating the Location, Placement and Leasing of Wireless Telecommunications Facilities. (Agenda Item No. 10-1161) (Previously Discussed at June 14, 2010 Council Work Session) (First Presentation on June 21, 2010 Regular Council Meeting) (Lynn Tully, Community Development Director) pow City Attorney, Ken Jarrard: ;t, • I would like to make a request along with the City manager and City Staff to defer this item. • Presently, the City has in a place a Moratorium with respect to cell tower applications while we create a better cell tower facility ordinance. The Moratorium expires on July 13, 2010. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 4 of 15 • Leading up to tonight's meeting; we have received some communications from various offices that mW represent various cell tower providers. • All of them have provided comments with respect to our ordinance. • In this situation, a lot of them have a common thread with respect to some new legislation that was to be adopted in May of 2010. • My recommendation is to allow myself, Lynn Tully, the City Manager, as well as some of our consultants to look at these comments and make sure that we are not missing things in this proposal. • I would recommend that this matter be deferred to the August 2, 2010 Regular Meeting. • Staff and I will bring to the July 12th work session a special called meeting to extend the moratorium on the 12th for 30 days. • 1 would like to have this on an advertised agenda instead of extending the moratorium today. Councilmember Zahner Bailey: • I would like to ask for the things we had discussed prior to tonight be considered for inclusion. • The residential district definition for one. • Also, consistency with our zoning ordinance as it relates to notification. • The 500 feet that is in there. Motion and Vote: Councilmember Thurman moved to Defer Agenda Item No. 10-1161, Approval of an Ordinance to Replace Chapter 54, Regulating the Location, Placement and Leasing of Wireless Telecommunications Facilities until the August 2, 2010 Regular Meeting. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was not present for the A vote.) Approval of an Ordinance to Amend Chapter 60, Article 2, Tree Preservation of the Milton City Code. (.Agenda Item No. 10-1162) ORDINANCE NO. 10-07-67 (Previously Discussed at March 8, 2010 Council Work Session) (First Presentation on June 21, 2010 Regular Council Meeting) (Lynn Tully, Community Development Director) Lynn Tully: • As you remember, we have been discussing this tree ordinance for quite some time. • We did have a work session back in March regarding the tree ordinance. • Back in 2008 you all put together a committee to address the tree protection ordinance and to fashion any recommendations that would further ensure and preserve our rural characteristics. • The committee has received input from local Georgia Forestry personnel. • They have gotten feedback from other cities to help find a best fit for Milton. • In this ordinance, there is a chart that gives changes to the ordinance. • Specific changes that are fairly major include requirements for a tree removal permit. This does not apply to commercial or other land disturbance requests or private parties of any trees larger than 8" to be removed. • Regulating of tree service companies. • Additional maintenance requirements. Am" • One concern was the 8" limitation. Currently, in the proposed ordinance we require any trees over 8" in diameter breast height is required to be permitted and limits it to no more than 6 trees per year. • The attorney's team said this would potentially lead to a lot of additional work for the City Arborist. • The Tree Committee said they feel the 8" is appropriate. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 5 of 15 • I have prepared a document called "Tree Ordinance Items for Consideration" to help field any questions. • I separated this document into 3 sections. • The first is minor verbiage. Things that we can change that won't change the intent of the ordinance. • The second section includes specific questions on the verbiage. • The third section includes items that we definitely need to continue discussion on for Council and we need direction if there is a change that is necessary. • There was a request for intent statements to be added to the tree ordinance. Mayor Lockwood: • I would suggest going briefly through the first section. Lynn Tully: • Removal of guy wires from established trees- follow up for removal requirements from staff at approximately one year after installation. • lb requiring a 50' buffer around the perimeter of the project and along road frontages should be maintained during and after the timber harvesting activity. • Administration Guidelines under Section 7.1). first paragraph- Restating the following with additions "and for the acquiring of wooded property which shall remain in naturalistic state for the benefit of the community." "And any unspent funds will be considered Reserved Funds for this specific purpose and will be available in the subsequent years..." • Under administration guidelines Section 8.A.4.- Change the "should's to shall's" regarding locating utilities outside of tree protection zones. • Administrative Guidelines Section 8.A.5- in addition to sidewalks add the use of alternative walkways. • Administrative Guidelines Section 8.13.1- Add the following sentence to the end of the paragraph "and approved by the City Arborist. Upon completion of the project the tree fencing must be removed." • Administrative guidelines Section 9.D.3.- Please include a reference to the criteria required for a variance to be granted. A City variance will be required to encroach in to the 50ft state waters buffer as noted in the Milton Stream Buffer ordinance Chapter 20 Article V.3. Sec. 20-427. A State variance will also be required if encroaching into the 25ft. buffer as per state regulations. Councilmember Lusk: • In regards to the 8" diameter trees, the assumption is that those are living trees? Lynn Tully: • For private property owner's removal permit it is 8" trees and diseased or dying trees would not count towards this 8" limitation. • 6 trees per year, 8" or larger. Councilmember Lusk: • Who will determine these trees would be dead or dying? Lynn Tully: • The City Arborist should be called in for consultation prior to removal. • He may allow outside consultation if they are a qualified arborist. Mayor Lockwood: 0 Going on to the questions, is there anything we need to discuss? Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 6 of 15 Lynn Tully: • There was one question regarding undue hardship, in the "g" section. The question was how is undue mo hardship defined for an appeal? • The answer explains the situation in that it is set out to escalate so that if there is an appeal to the Arborist's decision, it goes to Community Development. • If there is a continued appeal, then that would go to the Board of Zoning appeals. • This implies the same requirements for granting variance would be used but there are not specific undue hardship definitions written out for the tree ordinance. Councilmember Zahner Bailey: • On undue hardship, can we state that it is not a hardship that is not self imposed? • I would like to better define what undue hardship includes. Lynn Tully: • It is typically not considered a hardship if it's something that is self imposed. Councilmember Thurman: • If you're designing or building a building, is it considered self imposed if you put the building in a certain location? Mayor Lockwood: • I would support doing the typical scenario for this and let our staff use common sense and not confiise anyone with more language. City Attorney Jarrard: • The way I read it, I don't think it would trigger a self imposed hardship. • You would have to rely on your staff or arborist to determine if it is self imposed to want a larger building, even if it means not being able to save a tree. Councilmember Tart: • Are there language changes that need to be added to the section to make it more clear to give staff what they need to back the ordinance up? City Attorney Jarrard: • I don't have any problem if we want to put non self imposed in the ordinance. I'm used to seeing that in variance language anyways. • This is appeal language, not variance language but the point is the same. • If it is something that you caused, it is consistent with the language that is in there now. Councilmember Tart: • I think making the language vague is going to set us up for challenges. • If we can add clarification, I think we should. City Manager Lagerbloom: • We have no problem adding this language. Councilmember Lusk: 0 1 would hesitate to make this any more restrictive than what it is. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 7 of 15 City Manager Lagerbloom: .� ,, • So far, I am keeping a running list of the changes to the ordinance. • I believe there is consensus to adopt the staff recommended verbiage changes that were in item one. didn't hear any opposition. • Should we add some language in section 16.c that undue hardship must not be self imposed? Councilmember Zahner Bailey: • I would support that language that staff and Ken recommended for undue hardship. Councilmember Thurman: My question remains unanswered, anytime you design a building, is it considered self imposed? I would support adding the language about undue hardship. Councilmember Longoria: • If we leave the language out, it is up to the staff for the determination of whether or not the variance is required because of hardship. • If we put the language in, all we're doing is asking them to figure out if it is self imposed. • It feels like the broader definition covers both issues. • I think putting the language in makes it more complicated. City Attorney Jarrard: OWN" • If you don't have the language in there, then it would allow a property owner who has in effect created the problem and staff would not be in a position to deny the appeal. too • This was not intended to be the last word on this. Councilmember Longoria: • I think if we add the language, we will have to get more specific as to which undue hardships apply. Ken Jarrard: • Is building a building a self imposed hardship? I believe the answer is going to be in some situations, staff may determine that it is. Councilmember Zahner Bailey: • Staff doesn't have to say that the building placement is self imposed, it just gives them the ability to say that they haven't seen alternatives that meet that. • Staff would still have the authority but if they do believe it is self imposed, they then have the language state that staff believes it is self imposed. City Attorney Jarrard: • They would be able to say that they believe the hardship is self imposed and therefore we are going to administratively deny you an appeal. Councilmember Thurman: mom • This just says if someone is allowed to go before the Board of Zoning Appeals to even have their case heard. • Once they go before the Zoning Appeals their wording states that they do not grant variance unless it is *am* something that is self imposed. • Why do we need to have self imposed here if the BZA already says variances aren't granted through self imposed there. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 8 of 15 Councilmember Zahner Bailey: • The intent was to make this consistent with undue hardship is across the board not meant to be self imposed. • We consistently as a board and a city have indicated that undue hardship should not be self imposed. • I recommend we move on to other items and then come back when it's time to make a motion. Mayor Lockwood: • I would support to leave the language as it is. Councilmember Thurman: • I say we leave it the way it is and let the BZA decide. Councilmember Zahner Bailey: • I think we should change it to say not self imposed as the City Attorney suggested. Lynn Tully: • The others things are fairly explanatory. There is an exemption for bonding of clear cutting specifically for timber harvesting because OCGA limits the bond amount to a maximum of $5,000. • This performance bond is to address tree density replacement if needed and/or any necessary corrective repairs to the road or right-of-way. • We can by state law ask for this bond at any time. • I don't want to state what we require the bond amount to be, because the state allows us to give notification only. Mayor Lockwood: • Are you saying we are not able to require the bond? Lynn Tully: • We can request a copy of it from the State. Councilmember Zahner Bailey: • By requiring that the applicant provide a copy, should it be required by the state? Can we encourage the state to require that bond? Lynn Tully: • If they know we require a copy of the bond, they will know they need to go get it. Councilmember Zahner Bailey: • My modified request is that we at least consider asking for notification of the state bond. • We should require the $5k bond. Lynn Tully: • Mark, Do you remember what the other jurisdictions are doing in regards to bonds? City Arborist, Mark Law: • The $5k bond is the limit. • Some jurisdictions ask for $50k bonds and $75k bonds. • One county requires a state bond for road repairs if there is any damage. • We can require the $5k bond, but it is the maximum. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 9 of 15 • When I tried to inquire with the state about what we can enforce I was told we cannot check it and deny it if there is no bond. • We are limited with what we can enforce. • We can require the $5k bond. Councilmember Lusk: • What is a $5k bond going to cover? Councilmember Longoria: • Can we take out the language that says it is exempt? Mayor Lockwood: • Do you feel that the City has the right to impose on timber harvesting? City Arborist, Mark Law: • Bonds have been required from other jurisdictions for the $5k limit. Councilmember Zahner Bailey: • We should add language that references another jurisdiction that is specific that speaks to infrastructure and could include road ways and/or storm drains. •^" Lynn Tully: • Staff includes DBH as a factor but not the factor in consideration in determining a stand of specimen trees. • The ordinance does define what should be included. Councilmember Zahner Bailey: • I think we should collapse some of these into one instead of multiple individual ones. • We should add a bullet point in this section for staff to consider a tree stand without any one tree having to meet the 8" if it is effectively the only stand of trees on the entire site. City Attorney Lagerbloom: • We would add an "e" to Section 329 with language similar to the only stand on a parcel would be one of the options that we can look at. Lynn Tully: • Can/Should we set a specific requirement for trees that must be saved on all sites to be developed (i.e. determined prior to zoning and set aside specifically)?. Councilmember Zahner Bailey: • Add language that would state that staff would have the authority to identify specific zoning conditions as part of the analysis. • It is not stated currently. """" Councilmember Thurman: • If a tree can be saved and should be saved that is a specimen tree, it should be puts as one of the wow recommended conditions when it comes before us instead of Council adding it as a condition. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 10 of 15 City Attorney Jarrard: • I would recommend it be identified in the ordinance. Lynn Tully: • Who identifies and when do they identify a specimen tree (Administrative Guidelines Section l .A.2.e)? • City Arborist does reviews upon request. • Mark goes out and walks the site. There is not a citywide specimen tree inventory. If we are wanting to identify these trees on private property where there is no application, there are budget implications and manpower implications. Mayor Lockwood: • I do not believe we have the manpower or budget to go out and do a citywide survey on specimen trees, possibly in the future. Councilmember Lusk: • We need people to be aware of the specimen trees before they purchase property. Councilmember Zahner Bailey: • I don't think we should require a City funded program, but possibly have committees or the community get involved to identify their specimen trees. Lynn Tully: • I am hearing no citywide tree project to be added. • Administrative Guidelines, Section 3. Density Calculations — Is this a typical manner for calculation of .ter required trees? • According to a survey of Georgia's Tree Ordinances, majority of the municipalities, by far, use the density method of calculation. Other methods are; tree point system, canopy coverage, tree for tree, site specific and others. • Density Requirements Municipality Green Space required Density/acre Unit Value for existing 12" Unit Value for 2" replacement Alpharetta NA 20 .8 .4 Canton NA 20 1.2 .8 Dalton NA --- --- --- Duluth NA 20 12 2. Forsyth NA 15/20 2.4 .5 Fulton Co. NA 15/20/30 3.2 .5 Peachtree City NA Roswell NA 30 .8 .1 Sandy Springs NA Milton 10% Zoning 4.4.3.b.1 15/20/30 3.2 .5 Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page I 1 of 15 Councilmember Zahner Bailey: • What is the perspective on the 3.2 versus .8? Mayor Lockwood: • There is more incentive to leave a larger tree than to plant multiple smaller trees. City Arborist, Mark Law: • We would rather see a 12" tree remain on site rather than planting several smaller trees. Lynn Tully: • Administrative Guidelines, Section 4. Replacement/Recompense Trees — Is a 2" caliper tree too small for some areas? • Any combination of trees from 2" - 6" may be used for recompense/replacement, however studies have shown that transplant of 6" trees are typically difficult to establish and have less chance of thriving. Replacement tree calipers may be a combination of tree sizes with a minimum of 2". Recompense trees shall be a minimum of 4" caliper unless otherwise approved by the City arborist. There may be instances where the City arborist will require larger trees to be planted, (with appropriate credits given) such as streets, intersections, corners, focal points, etc. There may also be instances where the smaller tree would be more desirable. The cost to the developer would remain nearly the same. • Additional discussion may be necessary to achieve consensus on when/where a larger caliper tree replacement will be necessary and or required by Council. City Manager Lagerbloom: ,,,, • If staff can make a recommendation that includes in condition of a variance, something that ties specifically to size of tree, if we find that it is appropriate to do so, we will. Lynn Tully: • Administrative Guidelines Section 5, definitions of specimen trees — Who determines if additional specimen credit should be given for a tree used as a landscape or project focal point and when is that determination made? • Typically this would be a determination made by the City Arborist during the LDP permitting process and upon site review prior to issuing the permit. This is an atypical award however is incentive for prioritizing tree preservation as an amenity of development. The extra credit is given after the project has successfully conserved the intended tree with a design feature(s) specifically designated for such purpose. Councilmember Zahner Bailey: • This is more to do with the function of the language that had to do with the extra credit than was being provided. • It was atypical and if you highlight that we don't get so much credit that we lose the benefit of recompense on site. Lynn Tully: • Administrative Guidelines Section 6, Recompense Calculations — We do not state that recompense is primarily intended for replacement on site. The intent of the tree conservation requirement is to insure that the required density of trees is maintained on all developed sites. Occasionally, this intent cannot be met because a project site will not bear the required density of trees. To provide a viable alternative for such cases, the developer may be allowed to contribute to the Milton Reforestation Fund. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 12 of 15 Replacement and recompense is intended for on-site primarily, however there is an option for tree banking and/or payment to the reforestation fund if that replacement is not possible. Most communities wa offer alternative compliance methods for sites through off-site planting or contribution to a tree fund. • Discussion is whether we want to stress on-site replacement in this section over the Section 7 alternatives or allow this to be determined by staff on a case-by-case basis. Mayor Lockwood: • That will encourage them to do it on site. Lynn Tully: • Administrative Guidelines Section 7 — How is the location for tree banking determined? • Current practices include prioritizing first from city owned properties, and then other private properties with significant public impact, i.e. school sites, etc. Staff is currently working on a priority listing of available sites. It is not intended that an applicant replace trees on another site owned by the applicant that is not a public area, i.e. private home, amenity area, etc. • Schools have benefited in the past from tree banking. • We would like to continue that practice. • This is at staffs discretion. • The schools in Milton are listed below in order of priority, (not necessarily need). Summit Hill Elementary Northwestern Crabapple Crossing Hopewell Middle Cogburn Elementary Milton High School Birmingham Falls Bethany/Cogburn High School Councilmember Zahner Bailey: • I would like to request that in an instance where trees weren't cared for and they're dying and the two years have transpired and we cannot go back to the original developer, 1 would ask that when you have a master planned area where you have large specimen trees removed and/or where a specimen tree was going to be saved but is dying, could staff consider also going and planting in an area that is available for the community? Councilmember Longoria: • We used the term "at staff's discretion" so I think we don't need it to be in the ordinance. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 10-1162, Approval of an Ordinance to Amend Chapter 60, Article 2, Tree Preservation of the Milton City Code with the following Amendments: To adopt the staff recommended verbiage changes captured as items 1 a through 1 g on the document titled "Tree Ordinance Items for Consideration" below: a.) Removal of guy wires from established trees- follow up for removal requirements from staff at approximately one year after installation. b.) Admin. Guidelines Section 1.D.6. the required 50' buffer around the perimeter of the project and along road frontages should be maintained during and after the timber harvesting activity. Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 13 of 15 c.) Admin Guidelines Section 7.D. first paragraph- Restating the following with additions "and for the acquiring of wooded property which shall remain in naturalistic state for the benefit of the community. " And any unspent funds will be considered Reserved Funds for this specific purpose and will be available in the subsequent years..." d.) Admin. Guidelines Section 8.A.4.- Change the "should's to shall's" regarding locating utilities outside of tree protection zones. e.) Admin Guidelines Section 8.A.5- in addition to sidewalks add the use of alternative walkways. f.) Admin Guidelines Section 8.13.1- Add the following sentence to the end of the paragraph "and approved by the City Arborist. Upon completion of the project the tree fencing must be removed." g.) Admin. Guidelines Section 9.D.3.- Please include a reference to the criteria required for a variance to be granted. A City variance will be required to encroach in to the 50ft state waters buffer as noted in the Milton Stream Buffer ordinance Chapter 20 Article V.3. Sec. 20-427. A State variance will also be required if encroaching into the 25ft. buffer as per state regulations. 2. To modify section I.III.29.e to include an additional criteria of a stand being the only one on a parcel or other similar wording as item e. 3. To include wording provided by the City Attorney which requires as part of the normal staff report or recommended condition of zoning with respect to tree preservation and tree caliper size. 4. To adopt the staff recommended intent statements captured as items 1 and 2 on the document titled "New Intent Statements To Be Added To The Tree Ordinance". 1.) Add the following to the Administrative Guidelines Section 1.D in the Note Section: "clear cutting will only be allowed in conjunction with a Land Disturbance Permit. It is in the intent of this section that Clear Cutting is to be highly discouraged and allowed only by specific approval of a Land Disturbance Permit." 2.) Add the following to the Administrative Guidelines Section 4. First paragraph: "It is the intent of this section that replacement/recompense trees be located on the project site for which the application has been received. Trees which cannot be planted on the project site shall follow the alternatives outlined in Section 7." 5. The city may require bonds in connection with the City's ability to oversee and regulate timber harvesting as provided by OCGA 12-6-24. 6. To modify the 8"DBH to a 15" DBH. Second and Vote: Councilmember Thurman seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was not present for the vote.) „o„„ NEW BUSINESS 1. Approval of an Agreement between the City of Milton and Optech RWM, LLC to Provide Public Works '` Field Services. (Agenda Item No. 10-1169) (Carter Lucas, Public Works Director) Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 14 of 15 Carter Lucas: • Public Works operates under a public private partnership where we contract out services for signs and signal maintenance, mowing, park maintenance, storm water, and various services. • Public Works has been operating under transition contracts to allow staff enough time to put together an RFP and formally bid those services out. • Thank you to Nick Jones for putting that RFP together. • We have put those services out to bid and we did receive a number of responses from that bid. • Tonight we are presenting a recommendation from staff to move forward with a contract with Optech RWM which is currently one of our service providers. • They put together an outstanding RFP for the City and represented what we thought was probably the best service delivery and financial package to provide these services on an ongoing service for the city. • We are recommending approval of the contract with Optech RWM. • The annual cost for this is $530,000 with an hourly rate in addition to that for our signal maintenance which is the way we handle those calls right now. • This saves the City a little over $180,000 annually. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1169, Approval of an Agreement between the City of Milton and Optech RWM, LLC to Provide Public Works Field Services. Councilmember Lusk seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was not present for the vote). 2. Approval of a Resolution To Approve The Submission Of A Grant Application To The Department Of Justice's Community Oriented Policing Program. (Agenda Item No. 10-1170) (Matt Marietta, Fire Marshal) RESOI..UTION NO. R1.0-07-150 Matt Marietta: • Last year there was an application for the Community Orientated Policing Program to the Department of Justice to hire three police officers. • That grant, because it was associated with the recovery act, was largely driven by holding off furloughs and reductions in force and police departments. • We have been responsible with our budget, we didn't have to do that. • The grant for 2010 was no longer funded by the recovery act. • The only applicants that were allowed were the ones not granted the previous year. • This gives us the opportunity to resubmit. • Based on the way the program is written this year and the size of our police department and the size of the City, we are only eligible to ask for one position instead of three. • This grant continues to be 100% funded for three years and will provide salary and benefits for the cost of an entry level police officer for three years with the stipulation that we fully take over that salary and benefit cost in the fourth year and maintain that officer for one year after the three years. • It is a four year total program. • It works out to approximately $166,894 over the three year period and an additional $58,000 based on our �.•. starting salary and benefits for that fourth year. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1170, Approval of a Resolution To Approve The Submission Of A Grant Application To The Department Of Justice's Community Oriented Regular Meeting of the Milton City Council Wednesday, July 7, 2010 Page 15 of 15 Policing Program. Councilmember Thurman seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was not present for the vote). MAYOR AND COUNCIL REPORTS Mayor Lockwood: • I think we had a productive retreat with the classes in Savannah at the GMA conference. Councilmember Zahner Bailey: • In preparation for next week's work session, can we consider or discuss specifically the potential for residential buffers? City Manager Lagerbloom: • I think the answer is no. I think we were very specific in the Agenda as to what we were going to discuss. EXECUTIVE SESSON Motion and Vote: Councilmember Longoria moved to adjourn into Executive Session at 8:11 p.m. to discuss land acquisition. Councilmember Tart seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was absent for the vote). RECONVENE: Motion and Vote: Councilmember Thurman moved to reconvene the Regular Meeting at 8:18 p.m. rrrr Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was absent for the vote). ADJOURNMENT (Agenda Item No. 10-1172) Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 8:20 p.m. Councilmember Tart seconded the motion. The motion passed unanimously 6-0. (Councilmember Hewitt was absent for the vote). Date Approved: August 2, 2010 � �914 4 Sudi,Inm City Clerk swM ,s 1!9141 00% KI 4WO QW10r, ix 111�tG` Joe Lock ood, M r STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF AP—A COUNTY OF FULTON ) OPEN MEETINGS Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At its meeting held on July 7, 2010, the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] ( ) Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A. § 50-14-3(6)]; ( ) Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims, administrative proceedings or settlements [O.C.G.A. § 50-14-2]; ( X) Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)]; ( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law [O.C.G.A. § 50-14-3(1)]; ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-2]; ( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A. § 50-14-1(a)(2)]; ( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final action is taken [0.C.G.A. § 50-14-1(a)(2)]; ( ) Other. [Explanation and citation to statutory authority required]: I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED before me this 7th day of July, 2010. $ M a �Z�_nMAYORJVCKWOOD t wQt Notary Public "b f My Commission Expires: