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HomeMy WebLinkAboutMinutes CC - 12/07/2009 - MINS 12 07 09 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 1 of 17 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 summaryform. This is an official record of the Milton City Council Meeting proceedings. Oficial Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on December 7, 2009 at 6:00 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL City Clerk Marchiafava called the roll and made general announcements. Council Members Present: Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Alan Tart, Councilmember Burt Hewitt. Council Member Absent: Councilmember Tina D'Aversa was absent/excused. Councilmember Thurman arrived late. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 09-986) tow Motion and Vote: Councilmember Hewitt moved to approve the meeting agenda, as amended. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. (5-0, Councilmember Thurman was not present for the vote). PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinions on any item that is not scheduled for its own public hearing during today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. • Each citizen who chooses to participate in public comment must complete a comment card and submit it to the City Clerk. • Please remember this is not a time to engage the Mayor or members of the City Council in conversation. • When your name is called please step forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. CONSENT AGENDA City Clerk Marchiafava read the Consent Agenda items: S"®' 1. Approval of the November 9, 2009 Work Session Minutes. (Agenda Item No. 09-987) 2. Approval of Financial Statements for the period ending November 9, 2009 Special Called Meeting Minutes. (Agenda Item No. 09-988) Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 2 of 17 3. Approval of the November 16, 2009 Regular Meeting Minutes. `�" (Agenda Item No. 09-989) 4. Approval of a contract with Mauldin & Jenkins, LLC to audit the City's financial statements for the fiscal year ending September 30, 2009. (Agenda Item No. 09-976) 5. Approval of a contract with Mauldin & Jenkins, LLC to audit the Annual Report of 9-1-1 collections And Expenditures for the year ended September 30, 2009. (Agenda Item No. 09-977) 6. Approval of contract from AT&T providing a managed firewall for the T1 Internet circuit. (Agenda Item No. 09-978) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously. (5-0, Councilmember Thurman was not present for the vote). FIRST PRESENTATION City Clerk Marchiafava read the first presentation item. ZM09-04 NC09-04, Northeast corner of Hwy 9 and Bethany Bend by Dr. David Smith. A request �"" to revise condition 2.a. from the site plan received by the Department of Environment and Community Development on November 8, 2006 to the site plan received by the City of Milton %Wa Community Development Department on November 3, 2009. The applicant is also requesting a concurrent variance to delete the 10 -foot landscape strip along the newly formed north property line to allow the required parking aisle width (Article 12G.4.A.2). An Ordinance to Amend the City of Milton Tree Preservation Ordinance and Administrative Guidelines. Motion and Vote: Councilmember Tart moved to approve the First Presentation Items. Councilmember Hewitt seconded the motion. The motion passed unanimously. (5-0, Councilmember Thurman was not present for the vote). ZONING AGENDA (Zoning Agenda items are typed verbatim.) City Clerk Marchiafava read the Zoning Rules and agenda item 09-952. At the secondly regularly scheduled meeting of the month the Mayor and City Council considered a zoning agenda. This item was deferred so as this being heard on the first meeting, items include rezoning petitions, modifications of zoning, use permits and associated concurrent variances in addition to ordinances, resolutions and text amendments. The petitions will be heard in the sequence listed on the posted agenda. I would like to acquaint you with some of the rules and procedures of this meeting. The applicant and all those speaking in support of the application will be allowed a total of ten minutes to present the petition. The applicant may choose to save some of the time for rebuttal following the presentation by the opposition. The opposition will be allowed a total of ten minutes to present its position. If time remains the opposition will be allowed to rebut. Since the burden of proof is upon the applicant, the applicant will be allowed to make closing remarks provided time remains within the allotted time. City Clerk staff will be keeping track of time and will inform you periodically of Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 3 of 17 the remaining time for your presentation. Those called to speak will be taken in the order that the speaker cards were received by City Clerk staff prior to the meeting. All speakers will identify themselves by name, address "�" and organization if applicable before beginning their presentation. The Planning Commission heard the rezoning agenda items and recommendations have been forwarded to the Mayor and City Council for consideration and disposition. In addition the applicant shall not submit material to the Council during the meeting unless requested to do so. When an opponent of a rezoning action has been made within two years immediately preceding the following of the rezoning action being opposed, campaign contributions aggregating $250 or more to a local government official of the local government which will consider the application, it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government at least five days prior to the Planning Commission meeting. A violation of the relevant state statute constitutes a misdemeanor, therefore if you have contributed $250 or more to a Council Member and you have not filed a disclosure prior to the Planning Commission meeting the City Attorney's office strongly suggests that you have someone else speak on your point of view. ZM09-03 — Northwest Corner of Webb and Morris Roads by Precision Design and Development (Bowen Family Homes). A request to modify the following conditions: 1) To modify condition l.d (RZ05-022) — site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and community Development on June 27, 2005 except for lots identified as 136 through 216 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. 2) To modify condition Lf. (RZ05-022) — The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 216 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2 -car garage except for those lots identified as 136 through 216 on the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. 3) To modify Condition 2.a. (ZM07-03) To replace the revised site plan submitted on July 2, 2007 to the City of Milton Community Development Department with the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. This is Item No. 09-952. The first presentation was on October 5, 2009 and it was deferred on October 19 2009 and again deferred on November 16, 2009. Tom Wilson, Interim Community Development Director: Good evening Mayor and Council. In our last meeting we had discussion about this item. At that time, our recommendation was for denial. That recommendation was based on my perception of community values. As I said at the very beginning, this is not really a land use issue; it is more a community value use issue. At that time, I interpreted the fact that Fulton County had captured rear entrance garages in three separate conditions as being very reasonable. Since that time and in our discussion last month, and information I gained from those discussions, I think maybe my interpretation of community values may have changed. My recommendation tonight is for approval based on the fact that the applicant was able to respond to community issues that were brought up at the last meeting. Specifically, landscaping that entrance to hide the front of those front entry garages. My recommendation tonight is that the heated minimum floor area per townhouse units shall be 2,000 square feet except for those lots identified 136 through 163 shall have a minimum heated floor of 1,850 square feet. All units shall have a rear entry two -car garage except for those lots as identified as 136 through 163 which shall have a front entry two -car garage as per the revised site plan submitted on November 24`h. Also, that units 136 through 154 provide a minimum of improved setbacks approved at the back of the sidewalks of the garage Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 4 of 17 door and units 155 through 163 provide a minimum of 18' setback from the back of the sidewalk to the garage door. Also, a condition of zoning has been installed here to install the additional landscaping at the North entrance of Morris Road as depicted in the detailed landscape plan prepared by the Community Development Department on November 24, 2009. Said landscaping shall be installed prior to the Certificate of Occupancy being issued for lots 136 through 148 or as approved by the City of Milton arborist. On the screen, you will see the additional landscaping that has been provided by the applicant that was referenced that last condition that I read. I believe that this does everything possible that can be done to screen the front of those garages. I also would like to mention that each of those units had both shrubs and street trees planted in front of them. I would also like to mention that the original land disturbance permit that was issued has considerable shrubs and trees which block the view of those front -entry garages going north. That information wasn't really available to us at the last meeting but there is significant landscaping in that entry way from the original approval of their land disturbance permit. My recommendation is that we approve this tonight. Mayor Lockwood: Ok, do we have any questions from the applicant, staff, Council or anyone else to Mr. Wilson? Councilmember Tart: I have a couple. Tom, the last paragraph in the conditions, I guess that's 3(a). Tom Wilson, Interim Community Development Director: It's actually (f). Councilmember Tart: "^ It says being that said landscaping shall be issued or installed prior to the certificate of occupancy being issued for Lots 136 through 148. I was just wondering what's significant about 136 through 148, because we reference 136 ift" through 163 almost throughout the document. So I was just wondering? Tom Wilson, Interim Community Development Director: Because the landscaping that's at that entrance really isn't going to screen that far down the street. It's just going screen those first 10 units. Councilmember Tart: Is there a reason in particular why you didn't think the landscaping plan should go before the DRB? Tom Wilson, Interim Community Development Director: No. Councilmember Tart: Okay. That's all. Councilmember Zahner Bailey: I'm just going to ask Tom, I know when we last spoke about this as a Council. A couple things you talked to the applicant about was whether or not the parallel parking could be reviewed and/or whether or not the sidewalk on one side could be removed with the premise being that this would allow those rear garages to have adequate space. Would you repeat that in the discussions you had with the applicant? POM Tom Wilson, Interim Community Development Director: Yes. At that time we talked about eliminating the parallel parking along the front of these buildings with the front -entry garages. This solution has removed those parallel spaces that did allow more room between the building front and the street but it did not allow the buildings to move forward to the street enough to really accomplish the drive around the back of those buildings. I'll let the applicant speak to why that dead-end driveway back there at the back of those buildings really doesn't function well for him. What advantage we did Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 5 of 17 receive out of eliminating those parallel parking places was that we were able to increase the distance between the &ARback of the sidewalk and the front of those garages so that the cars parked in that location would not overhang the "" sidewalk. I would bring your attention to the fact that further on down that street over there by those five or six units that are by the pond, they still have only 18' clearance between the front of the garage door and the sidewalk so that's a little tight in there but we were able to pick up additional space on the first building to allow at least 20' and in some cases more than 20'. Councilmember Lusk: On the landscape plan, Tom, among other things you've added two large shade trees and one large evergreen. Is there any suggestion as to the size and the species of those? Tom Wilson, Interim Community Development Director: No sir, there isn't. We could specify that. It would be up to the City Arborist to determine that if we do not specify that. Councilmember Lusk: I would leave it to the City Arborist. Councilmember Zahner Bailey: Just as another follow-up. To Councilmember Lusk's point, in this particular area, and in some cases, we had as a matter of condition we added a certain caliper. And even though over time the trees obviously get larger but we have instilled that sort of a suggestion. So as we go through this, I would just ask that we elaborate on that clause and see whether or not these few trees, since there are not a lot of them and they would be obviously commensurate with the building if it would make some sense to increase the caliper size. Obviously, an arborist should be involved as well, that would just help to secure and ensure the initial trees were of size. Just an additional thought. Final question and I may come back to this. The DRB I know reviewed this on October 6`h as a courtesy review. Either now or before we close, public comment to speak as to whether there are any other suggestions are already recorded. Tom Wilson, Interim Community Development Director: Actually yes, all of their suggestions were incorporated. That was before we got to this landscaping increase but, yes, everything of theirs was included. Councilmember Zahner Bailey: Including the buffering of that retaining wall? Tom Wilson, Interim Community Development Director: Yes, actually the retaining wall disappears when the buildings are built in front of them. So, that's really not going to be much of an issue. Mayor Lockwood: Okay, at this point, we can now hear from those speaking in support on this application. City Clerk Marchiafava: I don't have any cards. I don't know if the applicant wants to address the Mayor and Council or not. Heidi Sowder, 525 Sunflower Court, Milton: For the last meeting I had to say according to the recommendation site to support this petition and I now am supporting the petition based on the issues that were discussed at the last meeting. I support it because the 27 units being changed from the alley -loaded to the front -loaded is what will suit, what I feel will suit these particular units along those lots because they do face a challenge with the retention wall and the distance from the detention pond as well. I do appreciate Corbitt Woods and staff's effort to lengthen the driveways on the majority Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 6 of 17 of the lots that you guys could work out. The denser landscape design looks great as well. I think it will serve the purpose of giving some screening from Morris Road for those front -entry drives. As you know, the development �"r was originally rezoned based the village concept. The village concept is the rear -entry garages, they are alley - loaded. You have alley ways and then you have front porches and on the street parallel parking. Since the modification only accounts for roughly 10 — 11% of the units for the entire development, I still feel that it won't detract from the overall look or feel or of this whole community. I think that what we are doing here is going to help accommodate the challenges of those particular units and it's not going to compromise the overall integrity of the development as a whole and I appreciate the work you guys did. Thank you. Mayor Lockwood: Thank you. Anyone else, does the applicant want to speak? Corbitt Woods, 6650 Sugarloaf Parkway, Suite 200: I appreciate Heidi's help and staff's help on getting us where we are. I want to address Julie's question about trees. The cap that we already have in there is in the existing landscape plans. It will be equal to what we've already got on the existing street trees that run down the street. We will certainly work with the arborist on the large trees that are immediately adjacent to the wall against Morris Road. I do think we have a plan that will serve everybody better than we started out. If you have any questions I can answer, otherwise I will sit down. Mayor Lockwood: Are there any questions from council to Mr. Woods? Councilmember Zahner Bailey: Thank you for that. I think you said at least 4" or possibly they are as large as 6"? No" Corbitt Woods: They are not 6" when they are planned. The 6" tree when it is planted, you are getting the edge of its useful life when you transplant it from the farms. Usually, the 4" is as big as you get to get, meaningful success rate over time being transplanted. So that's kind of what I said. They are large. Councilmember Zahner Bailey: And I appreciate that. Having maybe having to rethink about this, maybe we could recontemplate at least 4" to be certain that it's consistent. Thank you. Mayor Lockwood: Do we have anyone else speaking for or against? City Clerk Marchiafava: No sir. Public Hearing Closed Mayor Lockwood: Okay, then I'm going to close the public hearing now Motion to Second? Do I have a Motion and a Second? Is there any other council discussion before I ask for a Motion: Councilmember Lusk: Mr. Mayor, I move to approve zoning agenda item ZM09-03, Northwest corner of Webb and Morris Roads by Precision Design and Development (Bowen Family Homes). A request to modify the following three conditions and specifically as they are written in the Agenda. Councilmember Tart: Seconded the motion. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 7 of 17 Mayor Lockwood: I've got a motion for approval from Councilmember Lusk with a second from Councilmember Tart. Is there any discussion? Discussion on the Motion: City Manager Lagerbloom: If I may interrupt just real quick - I just want to make sure that the way they are published and written in the agenda is different than staff's recommendations so I think if you wanted to specify if you are asking to approve based on staff's recommendations tonight, that would be better than the way it was advertised. Modified Motion and Second: Councilmember Lusk: I'll modify that to state that as these conditions are approved by staff. Councilmember Tart: I will second that. Mayor Lockwood: I have a motion by Councilmember Lusk and a second by Councilmember Tart with these conditions as recommended by staff. I'm assuming that is the same page that the property owners are on. Councilmember Zahner Bailey: My only request is going to be whether or not we could be consistent with the applicant's comment just to ensure MUM that the landscape plan did in fact include ... Mayor Lockwood: Mr. Lusk, I believe that the applicant had said your plan had called for 4" trees and that's what you had planned on doing. Councilmember Lusk: As long as it's consistent with the approved plans and recommendations of staff. Mayor Lockwood: Do you want to make that in the form of a motion? Councilmember Lusk: I'll make that in the form of a motion. Councilmember Tart: Are you all clear on what the motion should be or should we clarify that motion? City Attorney Jarrard: The second needs to be withdrawn and we could restate it. Second Withdrawn Councilmember Tart: pm" I withdraw my second. irw Restated Motion: Councilmember Lusk: Okay, move to approve Zoning Agenda Item No. ZM09-03 — Northwest Corner of Webb and Morris Roads by Precision Design and Development (Bowen Family Homes). A request to modify condition 1(d), 1(f) and Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 8 of 17 concirhon 2(a) as recommended by staff to include approval of the landscape design as presented by the applicant with 4" caliper trees. Councilmember Tart: Second. Mayor Lockwood: We have a motion by Councilmember Lusk. Second by Councilmember Tart. Any more discussion? Hearing none. City Clerk Marchiafava: All in favor of this motion please say "I". That's unanimous. Vote: There was no further Council discussion. The motion passed unanimously. (5-0, Councilmember Thurman was not present for the vote). UNFINISHED BUSINESS City Clerk Marchiafava read agenda item 09-979. Approval of an Ordinance Regulating the location, placement, and leasing of wireless telecommunications facilities. ORDINANCE NO. 09-11-53 "pm" Tom Wilson, Interim Community Development Director: • Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, the ability for local rmw governments to regulate policy specific to wireless communication facilities is rather limited through having a comprehensively developed ordinance that provides reasonable accommodations for these modern day technologies which placed the City in a good position to defend aggressive measures to install visually obtrusive telecommunication towers through the municipal landscape. • In 2007, Council was asked to develop a stand-alone ordinance. • Staff recommends approval. • He would like to add on page 9, under (e), but in no case shall the required landscape strip be less than 20'. • We want to ensure we have a landscape strip along the outside the fence that goes along the base of these towers to hide the fence and to hide any cabinets that may be on the ground. • This is reviewed by the Design Review Board and they may impose conditions that they feel are appropriate to diminish the impact and use of the neighborhood. • This was reviewed by the Planning Commission. • Planning Commission prefers that this be inserted back into the Zoning Ordinance where they have purview of it. • The Ordinance as it is written now is a stand-alone Ordinance which requires a single public hearing before the City Council at which time it would be approved, denied, etc. • Inserting it back into the Zoning Ordinance would then make it go to the Planning Commission for recommendation before it came to Council. • The document could be separated into two parts. The part which is technical would go back into Article ON" 19 and then the leasing and contractual portion of the document could be separated and handled in a different manner. • My recommendation is to leave as a stand-alone Ordinance, insert the Planning Commission back into n""" this document, but not put this large document back into Article 19. • Also, part of the ordinance requires that the applicant pay up to $2,000 for the City Council to seek expert testimony at Council's discretion when this is brought forward. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 9 of 17 bow Mayor Lockwood: • Asked City Attorney Jarrard his recommendations based on other municipalities he deals with. City Attorney Jarrard: • He is fully supportive of having a stand-alone Telecommunication Ordinance. • Applicants are very sophisticated and knowledgeable. • He concurs with Mr. Wilson that I would not put this back into the Zoning Code. • He recommends making an accommodation to insert the Planning Commission back into it but not put this back into the Zoning Code. • Council will get hit with a lot of technical/scientific jargon and this is the accommodation or reason why you can ask the applicant to fund an expert testimony (i.e. issues with co -location, what is feasible, proximity, etc.). • My recommendation is to adopt this Ordinance with Mr. Wilson's proposal to add the Planning Commission back in at a first public hearing. Councilmember Zahner Bailey: • My question - is that strong enough language since they may add on a case-by-case basis, legally is that going to give us enough? City Attorney Jarrard: • It is and is based upon discretion and the exercise of that. Councilmember Julie Zahner Bailey: • Do we lose anything legally by not having it governed by our Zoning law that further protects the City since it is a change of use? City Attorney Jarrard: • I would feel more comfortable being a separate use. The law of unintended consequences if to the extent that its inclusion into the Zoning Code, there might have presented a conflict with language that's used otherwise in the zoning code that we might inadvertently not be caught. As a stand-alone code, this lives or dies within the four square corners of the Ordinance. Councilmember Zahner Bailey: • Will any of the overlays or intent statements from the other documents, are those still possible to have those come and be considered since there is "may be" language. Tom Wilson, Interim Community Development Director: • None of the intent that is listed in the overlay district is called out specifically in this code, however, it would still have to be consistent with the overlay and that document has its own purpose and intent. Councilmember Zahner Bailey: • Can we insert a sentence or two that specifies that the intent even in a separate and distinct Ordinance would still be consistent with the spirit, etc.? City Attorney Jarrard: • I would not have any problem with that to the extent that the DRB is going to be able to make significant input with respect to this. ilr.n Tom Wilson, Interim Community Development Director: 0 We can make that part of the motion and add that language. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 10 of 17 Councilmember Zahner Bailey: �. • She asked on pg. 11 — can we keep cell tower at 150' knowing that if an applicant could demonstrate a reason why the tower would need to be between 150' and 180'? Would we as a City be in a better position if we kept of a maximum height of 150' knowing that the applicant would have an opportunity at a variance request? City Attorney Jarrard: • Yes, the City would be better equipped to keep at 150'. I don't recall seeing any variance language. Would the variance language of the Zoning Code reach and catch this automatically? Tom Wilson, Interim Community Development Director: • Yes, there is variance ability in this Code in the City Council's hands. Councilmember Zahner Bailey: • Reiterated that she heard, we can simply add or insert language that would say there are two public hearings. One of which would be before the Council and would still go before the Design Review Board. Tom Wilson, Interim Community Development Director: • Would encourage to charge for that second public hearing $500 fee and we would insert that language. The first public hearing of $500 is on pg. 14, third paragraph. This is where we would insert the Planning Commission and the second public hearing and an additional $500 fee. • Some timetables are 30 and some 60 but we need to add 30 days to each of these timetables. Councilmember Zahner Bailey: • We can, without being specific, add 30 days to both timetables. City Attorney Jarrard: • With respect to pg. 11 maximum tower height, were you suggesting with respect to the table under OI for four users that the 180' go back to 150'? Councilmember Zahner Bailey: • Yes sir. That is correct. It doesn't mean that an applicant could not request a 120' tower even with four users; it just wouldn't allow the maximum to go as high. Councilmember Lusk: • Tom, please repeat your addition to article (e). Tom Wilson, Interim Community Development Director: • Page 9(e), two-thirds way down. At the end of that paragraph ending within 60 days, but in no case shall the required landscape strip be less than 20' wide. Councilmember Lusk: • Page 9, Paragraph (e) along with (c.6) seems to address the same thing as far as landscape buffers? Dow Tom Wilson, Interim Community Development Director: • Let's do not alter (e) on page 9, but instead change (c) on pg. 11 to say 20'. Councilmember Lusk: • Article (e) on Page 11, we call out a 6' high vinyl clad fence. Something is confusing in the following language? "Unless otherwise specified by community development staff and the City Design Review Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 11 of 17 Board, towers and above ground equipment shelters shall be enclosed by a black vinyl clad chain link fence, security fencing not less than 6' in height and shall be equipped with an appropriate anti -climbing �.r device. Said fencing shall be surrounded by a minimum 10' buffer. Is the anti—climbing device on the fence or is it on the tower? Tom Wilson, Interim Community Development Director: • It's on the fence. That item that comes up and sticks out at a 45 degree angle so that you cannot get over, this is the device. They are legal in the city as long as they are not razor wire. Councilmember Tart: • Wanted clarification on what Councilmember Lusk pointed out and Mr. Wilson said re: making changes to Section 5, paragraph (c) instead of (e). What is your final recommendation on the 20' and 10'? Tom Wilson, Interim Community Development Director: • Change (e) on page 11 "said fencing shall be surrounded by a minimum 20' wide landscape strip planted to buffer standard." Councilmember Zahner Bailey: • Do we have a requirement for distance between Towers? As I am reviewing this updated document, I am not seeing this. Has the language been removed? Tom Wilson, Interim Community Development Director: • The technical parts of the change that was suggested to be made should be left out since we are not technical people and we don't know whether or not that's even possible or not. • Distance is probably related to topography just as much as is distance between towers. Mr. Jarrard's mum suggestion was to leave out the technical jargon and rely on expert testimony required at the time of review. City Attorney Jarrard: • There is currently legislation going through the General Assembly which may have a direct impact on this and which may take a lot of this discretion away from local governments. • If this gets passed by the General Assembly, we will revisit this. Councilmember Zahner Bailey: • Noted that in other city's ordinances, there is maximum at a slightly lesser amount that allows for the preponderance of proof to have to come from the applicant. Mayor Lockwood: • No public comment. Motion: Councilmember Tart moved to approve Agenda Item No. 09-979, approval of an Ordinance regulating the location, placement, and leasing of wireless telecommunications facilities with the following changes: Insertion of a statement that the overlay standards would apply and the location of that statement can be at the discretion of staff. A change to Section 6(e) referencing a minimum 20`wide landscaping strip. Insertion on page 14 the requirement for two public hearings: 1) in front of the Planning Commission; and 2) in front of the City Council and also to go before the DRB. Adding an additional $500 fee to go before the Planning Commission. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 12 of 17 Add 30 days to all of the timetables contained within the document and also a change to the table in section 6 (f) where it states "the maximum height for four users is 180', should be changed to 150'. Second: Councilmember Zahner Bailey seconded the motion Discussion on the Motion: City Attorney Jarrard suggested with respect to the overlay language, that it should state that it should be consistent with the overlay to the extent practicable and to the extent not in conflict with this ordinance. Second Withdrawn: Councilmember Zahner Bailey withdrew her second. Motion Restated. Councilmember Tart moved to add to the original motion the language articulated by the City Attorney with regard to the overlay. Second and Vote: Councilmember Zahner Bailey seconded the motion. There was no further Council discussion. The motion passed unanimously (5-0). (Councilmember Thurman was not present for the vote.) NEW BUSINESS City Clerk Marchiafava read agenda item 09-992. Approval of a Resolution adopting the Council meeting deadlines and Council and Work Session bmim meeting dates (January through December 2010). RESOLUTION NO. 09-12-114 City Clerk Marchiafava: • Proposed schedule from staff before Council which implements deadlines for presenting Agenda Items as well getting the Agenda packet to council seven days in advance. • Takes into consideration Monday holidays, as well as Fulton County school holidays. Councilmember Zahner Bailey: • Fulton County schools have a new schedule for next year and asking that this was captured in presented Schedule. • Asked about the Wednesday, February 15th - President's Day falls on 15th — is this why we are moving Council meeting to the 17'h City Clerk Marchiafava: • February 15th is a City Hall holiday. I'm not sure about Fulton County schools, but if City Hall has a holiday on a Monday, we automatically move the Council meeting. Motion and Vote: Councilmember Hewitt moved to approve a Resolution adopting the Council meeting deadlines and Council and Work Session meeting dates (January through December 2010). Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously (5-0). (Councilmember Thurman was not present for the vote.) City Clerk Marchiafava read agenda item 09-993. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 13 of 17 Approve the execution of a multi-year contract with Riverside Uniforms to provide necessary equipment for the City of Milton Fire Department operations. Matt Marietta, Assistant to the City Manager: • This contract represents an opportunity to extend the relationship as we have been in a relationship with Riverside Uniforms and would like to extend five year with the standard escalative clause built in. • This contract does not preclude us from making purchases elsewhere, if necessary, but it creates an easier relationship for regular fire uniforms. Motion and Vote: Councilmember Hewitt moved to approve the execution of a multi-year contract with Riverside Uniforms to provide necessary equipment for the City of Milton Fire Department operations. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously (5-0, Councilmember Thurman was not present for the vote.) City Clerk Marchiafava read Agenda Item 09-994. Approval of a change order with the City of Milton and URS Corporation for emergency bridge inspections. Carter Lucas, Public Works Director: '�""" • URS Corporation was the firm the City hired to help us perform the city-wide bridge inspections within the past so they are uniquely qualified to help us following the storms in September and October. • This is a change order to that existing contract not to exceed $10,000 for their assistance they provided for performing emergency bridge inspections following those two storm events and making recommendations to the City for some temporary improvements to those structures. Councilmember Zahner Bailey: • Asked if this change order will be no more than the $10,000. Carter Lucas, Public Works Director: • Yes. Councilmember Tart: • Question for Mr. Lagerbloom in reference to budget and whether we can absorb that change order. City Manager Lagerbloom: • We can. Motion and Vote: Councilmember Tart moved to approve a change order with the City of Milton and am" URS Corporation for emergency bridge inspections. Councilmember Hewitt seconded the motion. There was no Council discussion. The motion passed unanimously (5-0). (Councilmember Thurman rr was not present for the vote.) City Clerk Marchiafava read Agenda Item 09-995. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 14 of 17 Now Approval of contracts totaling $581,263.70 with C.W. Matthews Contracting Co., Inc. and Kimley Horn and Associates, Inc. for the reconstruction of Morris Road from Deerfield Parkway to Webb Road. Carter Lucas, Public Works Director: • This is our first capital project for fiscal year 2010 for the reconstruction of Morris Road from Deerfield Parkway to Webb Road. • The $581,263.70 consists of two contracts: 1) for actual construction work for C.W. Matthews (for $571,248.70) and 2) with Kimley Horn for $10,015.00 for construction and inspection on that particular project. • There a couple of changes proposed by the contractor which have been reviewed and approved by our Legal Department and will be incorporated in the final document if council approves. • The changes would be to section L of the general contract and section P dealing with compliance and regulations with hiring of illegal aliens. • There was general language in that contract which was stricken but the intent with state law remains and legal has reviewed and approved. • Currently, this is not the best weather to be performing paving. This project is weather dependent. • The contractor has agreed to perform all preliminary and testing work at this time and is on-call. They will need 10 to 12 days of warm and sunny weather to complete the project. If we have that window during the winter months, it will be taken advantage of but there is a possibility that the project could be pushed out to a later timeframe. • The contract has agreed to honor these prices to a reasonable extent (at least 120 days). This should get us enough time to get us into warm weather if we can't perform this winter. Councilmember Tart: • Do you think 120 days will get us into warm weather - that's March. Carter Lucas, Public Works Director: • Obviously, I can't say for sure but the contractor has indicated a willingness to work with us beyond that timeframe. If we get out to 6 or 8 months and dragging the project out, the contractor might have some concerns. Mayor Lockwood: • In your professional opinion, what is your suggestion? Carter Lucas, Public Works Director: • We are looking for a 10 to 12 day window and shooting for 45° and higher so we are not looking for summer type temperatures. POM Motion and Vote: Councilmember Hewitt moved to approve contracts totaling $581,263.70 with C.W. Matthews Contracting Co., Inc. and Kimley Horn and Associates, Inc. for the reconstruction of Morris am Road from Deerfield Parkway to Webb Road. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously (5-0). (Councilmember Thurman was not present for the vote.) Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 15 of 17 City Clerk Marchiafava read Agenda Item 09-996. r.� Approval of an Intergovernmental Agreement by and among the cities of Alpharetta, Dunwoody, Johns Creek, Milton, Roswell, and Sandy Springs, Georgia for the acquisition of color aerial photography and light detection and ranging (LiDAR) data. City Attorney Jarrard: • This is an IGA between Alpharetta, Dunwoody, Johns Creek, Roswell and Sandy Springs for the color aerial photography and light detection and ranging (LiDAR) data. • The basis for this IGA is the notion that we can receive up to a 30% discount by collectively doing this as opposed to each city performing individually. • All jurisdictions in the IGA have the same exact version of the IGA and all have various deadlines by which they are going to approve. • Time is of the essence. • The respective jurisdictions will assemble and nominate their GIS manager to be on "the committee". • The committee will approve an RFB (Request for Bids) that will go out to select the company that will perform the work. • Once the RFB is approved, it will go out on behalf of the City of Alpharetta, which is called the "sponsoring city", and will engage in the contract. • The cost is based on geographic area. The percentage of the totality that Milton is will be the price. • On page 2, Milton's percentage of land area is 20.50% of the land area of the totality of these jurisdictions. • The IGA anticipates that if a proposal comes in that Milton is not comfortable with, we can chose not to participate if the price is excessive. • On the assumption that Milton will participate, when the data begins to come in our GSI professional will review the data and decides whether it is satisfactory. • Once we receive the date, not only do we get our "own" data upon payment of our fee but we also receive the data of all sponsoring jurisdictions. • Once IGA if approved anticipates that council will not be getting the contract but council will be assigning Milton's GIS Director to form part of this committee. • Recommend approval. Motion and Vote: Councilmember Lusk moved to approve an Intergovernmental Agreement by and among the cities of Alpharetta, Dunwoody, Johns Creek, Milton, Roswell, and Sandy Springs, Georgia for the Acquisition of color aerial photography and light detection and ranging (LiDAR) data. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously (5-0). (Councilmember Thurman was not present for the vote.) MAYOR AND COUNCIL REPORTS Mayor Lockwood: • We had Christmas in Crabapple this weekend and I heard it went over very well. • First lighting of the Christmas tree was last weekend and our citizens enjoyed that. We look forward to continuing those traditions as the tree becomes taller each year. • For the record, Councilmember Thurman has arrived. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 16 of 17 STAFF REPORTS saw City Manager Lagerbloom: • Carter Lucas will give the Staff Report. Carter Lucas, Public Works Director: • Addressed the Traffic Calming Policy. • Councilmembers have received two items: 1) Mark-up version of the current traffic calming policy with the proposed changes and 2) a clean version. • We will bring this forward in December 21St Council Meeting under Staff Reports so this Staff Report allows council time to review policy ahead of time. • Four basic traffic calming measures include speed cushions, speed humps, raised crosswalks and chicanes in center islands to be used and modified for the majority of the issues that we will face in our traffic calming program. • Section 2 (eligibility criteria) is a threshold to trigger the overall policy. • Consultant recommended in initial presentation the "85th percentile speed" of 3 mph or more above the posted speed limit. This is a small threshold. • For instance, if you are on a 25 mph road, that if 85% of the cars are going 28 mph that there is a traffic problem. • Most jurisdictions in this area use a 10 mph threshold. • In the initial request, 19 subdivisions requested some protection under this policy. o.-. • Only applicable to 25 and 30 mph speed limit roads so that knocks out one. • It is only applicable to total traffic volumes between 400 and 4,000 vehicles per day which b,,,,,, knocked out 4 more. • Examining the 85th percentile speed with 3 mph we have nine subdivisions that qualify for the program. • At 10 mph, we have one. • Asked Council to give some thought about where they would expect program to head and provide feedback whether you think the original 3 mph proposed by the consultant is reasonable and fundable or should we be more consistent with the surrounding communities and be closer to the 10 mph for the 85th percentile. • Section 3, Item 6 discusses the application fee. • Question is whether we want an associated application fee with this policy. • The build of the fee is staff providing traffic counts and examining conceptual and preliminary layouts for these plans. Staff time would be between 8 - 10 hours of labor and with a nominal $50 per hour rate, total of application would amount to $500. • The construction details are taken from the DRB with review and nominal comments. These have been incorporated into the construction drawings. City Manager Lagerbloom: • Reminder that this weekend is the City's Christmas party. All invited. • Will provide a published Agenda Item at the workshop next week that details reporting of status ••. of City's transition. • Transition has been successful to this point and should continue to be successful. • Reminder that there will be a Special Called Meeting at 5:45 p.m. for codifications of Ordinances. • The remainder of the meeting will be Executive Session. Regular Meeting of the Milton City Council Monday, December 7, 2009 at 6:00 pm Page 17 of 17 EXECUTIVE SESSION City Clerk Marchiafava: The purpose for the Executive session is to discuss land acquisition and pending litigation. Item No. 09-997. City Attorney Jarrard: • Asked Mayor with respect to the Motion that it be pending or potential litigation and land acquisition as is anticipated under the Open Meetings Act. Motion and Vote: Councilmember Zahner Bailey moved to adjourn into Executive Session at 7:28 p.m. to discuss land acquisition and pending or potential litigation. Councilmember Tart seconded the motion. There was no Council discussion. The motion passed unanimously (6-0). ADJOURNMENT After no further business, the meeting adjourned at 7:28 p.m. Date Approved: December 21, 2009 Sudie AM Gordon, Interim City Clerk Joe Lockwoo or