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HomeMy WebLinkAbout10-07-2010 regular meeting minutes r:-'. '" City Council of Peachtree City Minutes of Meeting October 7, 2010 7:00 p.m. The City Council of Peachtree City met Thursday, October 7, 2010, in the City Hall Council Chambers. Mayor Don Haddix called the meeting to order at 7:00 p.m. Council Members present: Vanessa Fleisch, Erik 1mker, Kim Learnard, and Doug Sturbaum. Announcements. Awards. Special Recol!nitions Former Mayor Fred Brown and 10la Snow, co-chairs of the Southern Crescent Memory Walk, thanked the City for its support of the annual event, particularly Leisure Services and Public Works. Snow, also a member of the Board of Governors for the Georgia Alzheimer's Association, noted there were 20 walks held throughout the state, and the Southern Crescent event, was always second in fundraising. Atlanta ranked first. As of October 7, $172,900 had been collected. Minutes 1mker moved to approve the September 16, 2010, regular meeting minutes. Fleisch seconded. The motion carried unanimously. Monthlv Reports Haddix noted there was an additional item on the dais - the Information Technology (IT) report. 1mker referred to the report on donations to the City, thanking the Peachtree City Kiwanis Club for a $5,000 donation to the Police Department. On page 19 of the reports, 1mker pointed out the new summary for recreation revenue, noting that it was clear, concise, and showed a favorable $25,000 for the end of the year. Haddix agreed. Consent Al!enda 1. Consider Appointment to Fayette County Library Board - Marie Washburn 2. Consider Amendments to Leash Law 3. Consider Re-designation of Recreation Commission to Leisure Services Commission, Amendments to Ordinances, a,!d Approve Updated By-Laws 4. Consider Appointments to Planning Commission - Lynda Wojcik, David Conner, Horace Batiste, Frank Destadio (alternate) 1mker moved to pull Item 2 from the Consent Agenda for further discussion. Learnard seconded. The motion carried unanimously. Sturbaum moved to approve Consent Agenda Items 1,3, and 4 as listed. Fleisch seconded. The motion carried unanimously. 1mker asked for clarification on the intent of the amendment to the leash law. City Attorney Ted Meeker said there had been some confusion among staff, as the wording approved on September 16 that allowed dogs to be off-leash at Drake Field did not include voice command as a requirement. Imker said that was what he had wanted to clarify. Meeker added that when the City Clerk and Deputy City Clerk went back over the minutes, there seemed to be some confusion as to what Council wanted. Based on what had been approved, voice command would not have been an option. 1mker said he was satisfied. r 1mker moved to approve the amendment to the Animal Control Ordinance - Elimination of Voice Command as listed on the agenda. Learnard seconded. The motion carried unanimously. r:-' r-: , !'^ ~ , , , City Council Meeting Minutes October 7, 2010 Page 2 Old Al!enda Items 07-10-05 Consider Ordinance Amendment - Telecommunications Towers and Antennas Ordinance Community Development Director David Rast addressed Council and briefly went over the background on the recommended changes. The current ordinance had been adopted in 1998, and the City had received a series of applications that resulted in the construction of four to five new towers built primarily in the Industrial Park. More recently, several carriers had indicated a need for more towers in the residential areas of the City. Staff looked at ordinances from other cities, as well as model ordinances supplied by the wireless industry. Rast said they had tried to incorporate as much information as possible into the proposed ordinance. Rast continued that the recommended zoning districts for tower location were Open Space-Public (OS-P), General Industrial (GI), Limited Industrial (LI), Office Institutional (OI), and General Commercial (GC). Rast showed maps with each zoning district highlighted. Rast said the recommended general standards for setbacks were: . Setbacks Arterial highway (SR 54/ SR 74) Public street . Side and rear Residential use, Church, school, day care, etc. · Whichever is most restrictive 200 linear feet 100 linear feet 50% of tower height 250 linear feet On those tracts separated from residential property by greenbelt, the side and/or rear setback shall be measuredfrom the property line of the residential property (250 linear feet). Accessory buildings and/ or structures shall meet the applicable setbacks within the underlying zoning district. The changes to the ordinance included the enactment of an approval process, including an administrative review, conditional use permit review, and exemption criteria. An administrative review would encompass facilities located on an existing support structure (collocation) and new equipment to support the facilities and attached telecommunications facilities (buildings, steeples, etc.). A conditional use permit review would be looked at by staff, the Planning Commission, and City Council and would be used for any telecommunications facilities or support structures that did not meet the requirements of an administrative review. Siting of new facilities or support structures should be in accordance with the following hierarchy of facility alternatives - collation on an existing structure, concealed freestanding (stealth application), non-concealed freestanding monopole, and non-concealed freestanding lattice structure. Rast continued that application submittal requirements would include a vicinity map and list of all property owners within 200 linear feet of the proposed facility; an evidence of need report certified by a radio frequency engineer; a visual impact assessment with line of sight analysis, photo simulations, and a balloon test; and documentation from the Federal Aviation Administration and the Peachtree City Airport Authority (PCAA). The intent was to provide as much public notice as possible when the applications were reviewed. The maximum allowed height would be 180 feet, measured from the ground level to the highest point on the tower. City Council Meeting Minutes October 7, 2010 Page 3 r Staff had identified several tracts of l~nd throughout the City, which were in the areas identified by the wireless companies. Rast showed how each piece of property would be affected by the proposed setbacks. The tracts were both City-oWned and privately-owned properties. The identified tracts included Blue Smoke Park, Braelinn Recreation Area, Braelinn Village retail center, Crabapple Fire Station, Kedron Fieldhouse, Kedron Village S~opping Center, Kedron Office Park, Kelly Drive Park, Leach Fire Station, Police Station, Public Works site, Wieland's 89-acre tract, Water and Sewerage Authority (W ASA) property, and the Wisdom Pointe retail center. Rast added that the Planning Commission had reviewed the proposed amendments and unanimously recommended approval. Kevin Cheney said that quality of life was important and was why people lived in the City. He asked Council to delete the parks and recryation areas from the ordinance. Cheney asked the cell phone companies' representatives if they were familiar with microcells, network extenders that improved cellular reception in buildings. Cheney said that, based on a neighbor's experience, AT&T could put them in homes, and he was certain other carriers had similar devices. Another option was to change carriers. Robert Brown said the ordinance had improved significantly from the previous meetings and discussions, adding that just because a park was identified as a potential site did not mean Council would approve a permit to put a tower in it. Beth Pullias represented the Peachtree City Civic Association (PTCCA), reading from the organization's ,,-, position paper (a copy ofthe position paper is included in the meeting file). The major points included no cell towers should be located in City-owned parks and recreation areas; towers should be given preference in shopping centers, office parks, utility, or other already developed property to minimize land disturbance/tree removal; no new wireless telecommunications facilities should be erected on any pre- existing structure unless it fell within the zoning requirements of the newly erected towers (OS-P, L1, GI, GC or or), and public input had been considered; administrative approval should be limited to modifications of existing wireless telecommunications facilities only; public workshops should be held with neighbors within the village of any newly proposed facility to keep them informed and gain their input; and consider tower access when deliberating a new application. Clell Lambert represented the residents in the Peninsula subdivision, saying they were adamantly opposed to towers in parks, specifically Blue Smoke, which was directly across Lake Kedron from their subdivision. He had not seen in any federal regulation where aesthetics could not be considered when looking at applications. Kathy Cheney said a precedent would be set the first time a tower was authorized. While she understood the companies wanted easy access to the facilities, she urged Council to not put the needs of the wireless industry above the needs of residents, especially children. Bonnie Beerbower asked whether Council could deny a tower request on private property. She lived next to an elementary school and felt distance should be considered when looking at areas where children congregated, such as schools, day care centers, and parks. Chris Ward, a health care professional, asked why health concerns could not be considered. Haddix said the consideration of health concerns in making a decision was prohibited by federal law as a cause for rejection. City Council Meeting Minutes October 7, 2010 Page 4 ~ Haddix closed the public input and asked if anyone from the wireless industry would like to address the concerns. Jen Blackburn of Troutman and Sanders, attorneys for Verizon, spoke on behalf of those attending. Blackburn said that it would still be difficult to locate towers with the proposed ordinance. There were a lot of protections in it. She referred to the microcell technology, which aIlowed better reception in homes, but did not provide better reception on the street or out walking around and would not cover map areas. The microcell worked for customers whose homes were surrounded by hills. They filled gaps, but did not help with broad areas of service. Imker asked that Kevin Cheney be allowed to participate in the discussion. Haddix agreed. Cheney said there were two options - either install a microcell or get a new carrier. He agreed microcells might not cover all of Kedron Village, but they worked well in small pockets. Kathy Cheney asked if there was some technology between the microcell and a tower. Pete Meadows of AT&T said his company was constantly looking at technology. For now, the best way to cover abroad area was with a tower, adding that microcells had to have a broadband connection in order to operate properly. Imker asked Rast how the application process would work for private individuals that wanted to build a cell tower. Rast said if the property was zoned residential, then a tower could not be built. Imker asked what would happen if the property had the right zoning. Rast said the tract would have to meet the applicable setbacks, then go through the process. The approval would ultimately come from City Council. Haddix added that a residential property owner would have to ask for a rezoning. Imker said if the property was rezoned, it could still be in violation of the 250-foot rule from its neighbors. Imker said he appreciated the PTCCA's suggestions. He referred to the PTCCA'a paper, which stated ,..." that a new tower on pre-existing sites would only require an administrative review, asking if that was correct. Rast said that was what the proposed ordinance had now, and that only an administrative review would be required, which was at staff level. Imker said he wanted that portion of the ordinance changed. He did not want that loophole in the ordinance. Learnard asked Rast for examples of pre-existing structures that could accommodate an antenna. Rast said steeples, office buildings, light standards within a parking lots, any structure other than an existing monopole or tower. Meeker clarified that this portion of the ordinance addressed antennas attached to the top of a building, not towers. Imker thanked Meeker for the clarification, adding that the antenna would be radiating emissions. He felt that Council approval was needed for an antenna that was new to the City. Meeker said that new Georgia law only required a building permit for collocation, so the City did not have a say in that scenario. Imker said he agreed with the PTCCA that modifications to existing towers were fine for administrative review, but any new antenna should come before Council. Haddix asked if a tower could be built on top of an existing building. Rast said the support foundation for a tower was quite substantial. Blackburn added that towers were not located on top of existing buildings. It would not be structurally sound and would not pass inspection. Roof-top antennas could be mounted, and they were always included in the administrative review, so that was not abnormal to be included in an ordinance. ,.... Meeker referred to Sec. 18- I 86( d)(2) of the proposed ordinance, which limited attached wireless telecommunications facilities (antennas) to 20 feet in height from the top of the attachment structure, which limited the height of the antenna. Haddix asked what it would look like. Meeker said there were antennas on the tower located behind City Hall, which gave an idea of how antennas looked attached to something. City Council Meeting Minutes October 7, 2010 Page 5 ,.... lmker said he was still concerned that some antennae that emanated radiation could be approved with only a stroke of a pen, without being looked at by Planning Commission and Council. Haddix asked the other Council Members how they felt. Fleisch asked Rast to go over the OS-P zoning entities. Rast explained that the towers could currently be located in Open Space zoning under the present ordinance. The Open Space category had been separated into OS-P and OS-Conservation (OS-C) approximately 18 months ago. The OS-C zoning was restrictive and identified parcels of land that needed to remain as they were in perpetuity. Uses included trails, boardwalks, passive parks, and picnic areas. Open Space-Public uses included active recreation, golf courses, public buildings, some churches, civic buildings, and schools. Fleisch said her biggest concern was parks as towers would affect home values. She wanted people to be reassured by the process. Council had a formal vote after all the criteria were met. Rast said an application had to go through the process. If the property was owned by the City, then the Council must agree to enter into a lease agreement with the tower company for the property. Rast said the proposed amendments added a thick layer of difficulty for applicants. He said the Recreation Master Plan also played a part in the process, adding there might be future development plans for some sites that would be taken into account. Haddix said he would rather start out overly restrictive with antennas, and then go back to a softer stance. Sturbaum added that, at least for the first year, antenna requests should come before Council. r-: lmker said he was most worried about radiated emissions. As presently written, the proposed ordinance allowed an antenna to be placed on top of a building after an administrative review and introduce radiated emissions in an area where Council did not want them. He wanted to go through the process to protect the citizens as much as possible. Haddix said his overriding concern was aesthetics. Some buildings could end up looking like porcupines. Aesthetics had to be protected up front, or they would be lost. Fleisch asked how prevalent the antennas were. Industry representative Kimberly Olms said they were usually on taller buildings. Most antennas were in downtown Atlanta on 20-story buildings. The carriers had no problem coming before Council with those applications. There would not be that many. Learnard asked Rast how many potential sites there were. Rast said there were 15-20. Learnard asked if active parks could be eliminated. Fleisch asked if a zoning category could be added for recreation areas. Rast said that could be done. Haddix said it would be difficult to define active recreation area. Leisure Services Director Randy Gaddo explaiped that, by definition, passive recreation areas were those that had no organized sports, so a neighborhood park would not be an active recreation area by definition. It would be better to just exclude all the parks. Learnard said the ordinance would be more iron-clad with the zoning and setbacks than before. Haddix said he was struggling to see how the ordinance could be refined any more, with the exception of the antennas. Learnard asked, worst-case scenario, what could happen in Blue Smoke Park. Rast said, in addition to meeting the requirements of the ordinance, they would have to get approval from Council to lease City-owned property. r- k' Fleisch added that, within four years, technology could change, so the ordinance was not as cut and dried as others. Haddix asked if something could be added to the ordinance regarding any new technology that would do away with towers. He would like a way to leverage it, if possible, requiring companies to take City Council Meeting Minutes October 7, 2010 Page 6 r- ,. down towers, especially if companies did not want to take advantage of the new technology. The industry representatives noted that the ordinance did require towers to be taken down if abandoned. Sturbaum said he was glad microcellswere addressed and public approval was required for everything. He was concerned about the parks and future changes. The ordinance was living, breathing document that could be worked at as time went on. Imker said it seemed the carriers were eyeing Blue Smoke Park, and they would find a loophole. He asked why Council could not have its own loophole arrangement, possibly zoning portions of each park as non-cell tower areas. Rast said that had been done by developing the parks for active recreation. He said putting a tower in at Blue Smoke would involve relocating the volleyball court, tennis courts, parking areas, removing trees, and finding somewhere to put them. At Braelinn, putting up a tower meant abandoning a baseball field, taking out a portion of the parking lot, and relocating a building. The areas shown in each of the parcels only showed the areas where towers could go based on the setbacks. The parks were developed and owned by the City. It was ultimately up to the City whether a tower could be built. Fleisch asked Rast to explain the Certificate of Need and what was entailed. Rast said it was very specific. A consultant would review the radio frequency report of the area identified without coverage. Several facets would be evaluated, andthe ordinance required the applicant to provide the studies and the methodology used. If another tower was located in the vicinity, the applicant would have to tell the City why they could not collocate before the application was approved. r Kevin Cheney agreed the restrictions were more severe, but they did not stop anything. He asked why parks and recreation areas could not be removed since that was what the residents wanted. Haddix said that, by state law, an existing Council could not bind future Councils. Cheney agreed, but was still concerned. Haddix continued that if the ordinance was too restrictive, it would be overturned in court. It was better to have a happy medium; all the t's were crossed and i's dotted. It was as good as it was going to get. There were repercussions for going too far. Leamard said there was no disagreement on the inappropriateness of parks for towers. The City had addressed the issue the best it could through zoning. Rast said over 50% of the available property had been taken out of the mix. If the ordinance was too exclusionary, there was potential for the ordinance to be ruled invalid, giving the tower companies' free reign. Kevin Cheney asked Meeker if parks and recreation property could be struck from the ordinance. Meeker said yes, but then it would come back to defining parks, which took the question to the next level. Bill Brady asked if aesthetics could be useci as a reason for denial since there was case law on it. Haddix said it was a legal defense as long as there was an alternate site. Meeker said, in terms of discriminating among providers, the case law meant one provider should have the same access to coverage strength as other providers. The City would still have the final decision on City-owned property. r- Imker summarized that the restriction on antennas on pre-existing structures would be included and asked the industry representatives if there were any other comments. Haddix asked Meeker and Rast if the agenda item should be continued for' the re-write. Meeker said antennas could be removed from administrative review and made part of the conditional uses. Haddix asked Meeker to state the proposed ordinance. After looking over what was needed, Meeker asked Council to continue the item and extend the moratorium for 30 days. City Council Meeting Minutes October 7, 2010 Page 7 -- Learnard moved to continue the agenda item and extend the moratorium for 30 days. Fleisch seconded. The motion carried unanimously. New Al!enda Items 10-10-01 Public Hearing - Consider Amendments to LUC-20 Zoning Ordinance (Somerby at Peachtree City) Rast said that Dominion Properties, the developer for Somerby and the applicant, had requested the change in the ordinance. The property, located in the SR 74 SouthIRockaway Road area, had been rezoned in 2007 after a lengthy process. The land was cleared and graded, then the economy soured and the development was put on hold. Dominion Partners was now ready to move forward with the first phase, the assisted living and memory care component, and had asked to change the allocation of the units. The property had been approved for 310 dwelling units. Rast continued that the current allocation included 42 condominiums, not to exceed three living levels above garages (four stories total) on the 17.43 I-acre tract; 30 condominiums, not to exceed three living levels above garages (four stories total) on the 6.329-acre tract; 150 apartments, not to exceed four stories in height; 16 duplex and/or four-plex villas, not to exceed one and one-half stories in height; 48 age- restricted assisted living residences, not to exceed two stories in height; and 24 memory-care residences, not to exceed two stories in height. r The proposed allocation included 30 condominiums, not to exceed three living levels above garages (four stories total) on the 17.43 I-acre tract; 30 condominiums, not to exceed three living levels above garages (four stories total) on the 6.329-acre tract; 136 apartments, not to exceed four stories in height; 16 duplex and/or four-plex villas, not to exceed one and one-half stories in height; 74 age-restricted assisted living residences, not to exceed two stories in height; and 24 memory-care residences, not to exceed two stories in height. f Rast added that Dominion Partners wanted to move forward with the assisted living/memory care portion of the project. Studies had shown that more assisted living facilities were needed at this time. The Planning Commission recommended approval, and staff had no objections. Rast continued that there was an element in the development agreement between the Dominion Partners and the City that also required Council approval regarding a multi-use tunnel under Rockaway Road. The agreement currently read: 13. The Developer shall design and construct a multi-use tunnel underneath Rockaway Road at a location to be determined by the City. The funding provided by the Developer shall not exceed $200,000. Said tunnel wilt be constructed at the same time the Rockaway Road realignment construction project is conducted. The proposed change read: n 13. The Developer shall donate $200,000 to the city for the design and construction of a multi-use path connection from the proposed multi-use tunnel underneath SR 74 to an at-grade crossing on the realigned Rockaway Road. The developer shall be responsible for designing and constructing a multi-use path connection from their property to the proposed at-grade crossing. These funds shall be donated upon receipt of the Building Permit for the first phase of construction. City Council Meeting Minutes October 7, 2010 Page 8 Rast explained that the agreement had required Dominion Partners to provide funding for the golf cart tunnel under Rockaway Road. The Georgia Department of Transportation (DOT) had realigned the road with the widening of SR 74 South, and the road was open. Rast said staff still felt the applicant should honor the donation, and the proposed amendment to the agreement would use the money for the design and construction of the path leading to the tunnel DOT was constructing under SR 74 as well as an at- grade crossing on Rockaway Road that would provide access between the development, Wilshire Pavilion, Meade Field, and to the east side of SR 74. Staff had looked at a few locations in the field to ensure there was adequate sight distance. There was no funding available for the path connections. The public hearing opened. No one spoke for or against the amendments to the LUC-20 zoning. The public hearing closed. Sturbaum spoke to Dave Rogers, the Dominion Partners representative, saying he wanted to ensure all other components in the development agreement remained the same, including the donation of 50 acres as restricted greenbelt for walking and jogging, $25,000 for improvement of paths and pavilion on the acreage, and $75,000 in cash and in-kind donation of labor for the Meade Field restrooms. Rogers said that was correct. Haddix said he still did not like the gated entrances to the development. Learnard asked where the gates were located. Rast said the entire residential component was approved with two secured-gate entries. Sturbaum said he recalled the discussion, adding that security and fire personnel would have access. If the gate had to be physically moved, the property owner was financially responsible for any damages as well as any damage to the vehicles. Learnard asked Rogers why they wanted to change the allocation of the units. Rogers said that the economic feasibility and the soft hOUSing market in many areas did not warrant the independent living residences at this time. They wanted to get the project moving forward, as well as having a successful project. Robert Brown recalled one of the reasons for the gate included the Alzheimer's residents not being able to walk off the property. He did not think that would set a precedent for gates in the City. Rogers said there would be internal controls as well as 24-hour staffing. The aesthetics of the gates were important to him as an investor/owner, adding that the gate was also a protection feature for the residents. Imker asked about the impact fees for the project. City Manager Bernard McMullen said he did not have exact numbers, but they would include the residential unit impact fee, then property tax for the value of the improvements, utility franchise fees; all were a significant amount of money. Imker asked if the impact fees went into the General Furtd. McMullen said the impact fees would be used for specific projects that were part of the Capital Improvement Element (CIE), including the fire station at the Baseball/Soccer Complex, expansion of the Police Department, as well as additional circulation material the Library. There were a myriad of things. Imker said he wanted to ensure the fees were set aside for what they were supposed to be used for. McMullen said the fees had to be set aside. It was part of the accounting in the Financial Services Department, and was part of the annual report on the impact fees required by the state. r Sturbaum moved to approve the amendments to the LUC-20 zoning ordinance, Somerby-Peachtree City, as recortnnended by staff and the Planning Commission. Fleisch seconded. The motion carried unanimously. City Council Meeting Minutes October 7, 2010 Page 9 r"', ~" Imker asked if the public hearings on the zoning map and the land use map could be combined. Meeker said the hearings could be combined; however, separate votes would have to be taken. 10-10-02 . Public Hearing - COIlsider Adoption of Official Zoning Map 10-10-03 Public Hearing - Consider Adoption of Official Land Use Map Rast explained that the project had begun with an intern who had worked on a parcel-by-parcel inventory of all the property in the City. Over the last few years, employees Tony Bernard and Tony Whitley had gone through the base map in the Geographic Information System (GIS) and coordinated with Fayette County's 911 system and tax assessor to develop an accurate depiction of the land in the City. There were 13,057 total tracts of land, and Bernard and Whitley had gone through them on three separate occasions to ensure the information was correct. Rast said the maps were the most accurate the City had ever had. Rast continued that, in addition to adopting the official zoning map, Council would also consider the approval of the rezoning of 644 tracts of land from Open Space (OS) to OS-C or OS-Po No rezonings were taking place on property not owned by the City or where the property owner had opposed it. It was a very large housekeeping process. Aberdeen Village had 124 parcels; Braelinn Village, 173; Glenloch Village, 77; Kedron Village, 173; Wilksmoor, 72; and the Industrial Park, 25. Open Space-Conservation uses included undeveloped, natural land; paved, multi-use paths or natural surface trails; boardwalks, scenic overlooks, playgrounds, and/or picnic tables; archaeological or historic sites; and cemeteries established prior to the adoption of the ordinance. Conditional uses included building, facility or land for the distribution of utility services, subject to review and approval by the Planning Commission and/or City Council; and stormwater detention facilities, subject to review and approval by the Planning Commission and/or City Council. Open Space-Public uses included the same uses as OS-C, with the addition of publicly-owned buildings, facilities, or land; building, facility or land for park, recreation, thoroughfare, or open space purposes; public or private boat dock, fishing pier, boathouse and related accessory concession and support facilities, where permitted through deed restrictions; and public and/or private golf course, including clubhouses, swimming pools, tennis courts or other associated activities located thereon, but not including miniature golf courses. In addition to the same conditional uses for OS-C, other conditional uses in OS-P included telecommunications facilities and support structures, churches or other places of worship with conditions, and on-site sewage disposal systems with conditions. Rast continued with the Land Use Map, noting that there had been a series of changes to land use designations in March 2002 that were n.ever incorporated into the Land Use Map. Nearly 1,000 tracts had been cleaned up on the map based on those changes. As an example, Rast referred to the subdivisions off Regents Park in Kedron, which had a land use designation of multi-family and would change to single- family medium-density. The land use designation changed to the land use that was in place, and no rezonings had taken place. Rast said the Land Use Plan would be revisited as part of the work on the Comprehensive Plan. The revisions to both maps had been advertised and placed on the City website. There had been some questions and comments, which had been answered. Both maps had been reviewed at length by the Planning Commission, and they had recommended approval. The public hearing opened. City Council Meeting Minutes October 7, 2010 Page 10 ~ Robert Brown asked about the zoning of Lexington Park and Governor's Row, noting that they were zoned LUC-16 and were clearly residential uses, and whether those areas should be shown as residential on the Land Use Map. Rast said those areas were land-used as residential, and they were part of the 2002 changes that were not incorporated into the Land Use Plan, and were both land-used as single-family cluster. Brown noted there was a comrpercial parcel between Governor's Rowand Lexington Park. Rast said the land use designation did not always match the zoning. He continued that the entire Lexington Circle area had been rezoned to a limited use commercial designation, but there were parts of the area land-used as single-family cluster, adding that the small commercial area between the two subdivisions was a private detention area owned by the retail component of Lexington Circle. Beth Pullias asked if the Land Use Map would change with Comprehensive Plan update. Rast said the Land Use Plan was revised every five years. The plan had been reviewed in 2002 and 2006, so it was within that time frame. It did not involve changing the zoning, but if the development patterns showed a push toward commercial, the land use could change to commercial. Rast said the zoning specified the use on the property. The public hearing closed. Imker said he was still confused by the two maps, and which one took precedence. Meeker said the Zoning Map took precedence in terms of what was allowed today. In terms of what the City wanted in the future, the Land Use Map served as a blueprint. Learnard moved to approve the adoption of the official Zoning Map. Fleisch seconded. The motion carried unanimously. Learnard moved to approve the adoption of the official Land Use Map. Fleisch seconded. The motion carried unanimously. 10-10-04 Consider Ordinance Amendment to Section 54-5 Killing, catching, trapping animals or fowl unlawful; fishing and certain entrapment of animals excepted Police Chief H.C. "Skip" Clark said the proposed amendment would give the Police Department the authority to enforce the state requirement for a fishing license on waters under the jurisdiction of the City. Clark said that, in areas such as Battery Way, officers would run into people and check to see if they were a resident. They would warn them they had to be with a resident, but they often found the people did not have fishing license either as required by state statute. Clark said the County Marshals could enforce the state law, as well as the Department of Natural Resources, but the City Police Department did not have jurisdiction to enforce it. While people might not realize they could not fish in the lake because of the residency requirement, they should know a fishing license was required. New signs would be put up. Learnard asked if the citation would go through the City's Municipal Court. Clark said that was correct, the change would allow the City to cite those people without licenses. Sturbaum moved to approve the amendment to Section 54-5 as listed by staff. Fleisch seconded. The motion carried unanimously. If""" , 10-10-05 Consider Amendments to Chapter 18, Building and Construction This item was removed from the agenda on October 6. 10-10-06 Consider Bid for Expedition - Fire Department City Council Meeting Minutes October 7, 2010 Page 11 -. Fire Captain Dave Williamson addressed"Council regarding the bid for a new Expedition, which would replace a vehicle that was totaled due to a collision with a garbage truck on August 16. The cost to replace the vehicle plus its accessories was $34,376. The estimated insurance payment was $24,530, and the City would have to pay the $5,000 deductible up front, so the City would receive $19,530. The cost to the City would be $14,846 before the return of the $5,000 deductible on the insurance policy after it was collected from the party at fault. Sturbaum moved to approve the bid for Expedition for the Fire Department replacement vehicle from Allan Vigil Ford in an amount not to exceed $34,376. Learnard seconded. The motion carried unanimously. Council/Staff Topics Update on Lease Agreement with Dog Park Association Gaddo said the agreement had been approved about 10 months ago, and Council had asked for an update. The annual routine expenses for the Dog Park were $3,200, including the post office box, non-profit fee with the Georgia Secretary of State, website fees, liability insurance, directors and officers insurance, poop bags, fence and general maintenance, equipment rental (if needed), and a reserve fund for emergencies. The Association absorbed all the costs except for water and waste collection/disposal, which was taken care of by the Recreation maintenance crew on their regular rounds. Membership fees were $35 per year for Fayette County residents, $45 per year for out-of-county residents, and $1 per visit for non-members. r Gaddo continued that, during the last 10 months of operation, there were 369 members (302 County residents, 67 out-of-county). The opening balance had been $13,613, with $11 ,882 collected January through September. Expenditures had been $12,056, and the current balance was $13,439. " The Dog Park Association projects included improving the drainage, planting trees, installing three freeze-proof hydrants, expanding the back area with a gravel service road for access, pouring a concrete pool pad for dog pools, refurbishing the bulletin boards, and planning a seating pavilion with solar powered fans. Improvements had been made to the website, a Facebook page had been created, and the park had earned a five-star rating with Dogparkusa.com. In addition, the Association co-sponsored events for the Greater Heartland Humane Society and Fayette Humane Society, and planning was underway for the "Howl-a-Ween" event on October 23. lmker asked if there was a drop box for the $1 fee for non-members. Gaddo said there was a drop box by the entry gate. Update on Change in User Fees at Rec Facilities Gaddo provided an update on the change in user fees and revenue at recreation facilities, adding that staff was changing their focus to be more deliberate about how things were done. Over the last year, most of the focus had been on Kedron Field~ouse. The program fees had gone down at The Gathering Place ($30,670 to $23,000), as well as the program fees for recreation ($186,226 to $170,313). However, rental fees for The Gathering Place had increase from $4,109 to $10,351. An ad would be in the new Rotary phonebook under facility rentals. "..,.." I The focus of the program catalog was also changing. Gaddo said general information would be printed in The Guide to Peachtree City, which was delivered to every home in the City and placed in racks, and specific information would be available in the program guide, which would be published twice a year rather than four times a year. As a result, the cost for the catalogue would decrease from $14,000 City Council Meeting Minutes October 7, 2010 Page 12 - annually to $5,000. Gaddo added that the department had conducted an informal survey and had received 400 responses. Of those who responded, only 20% said they got their program information from the catalogues, which was not a good retllm on the investment. The promotion of the programs would be broader with The Guide, and details would always be on the website. Online registrations had gone up significantly. Staff had budgeted $7,000, with the additional $2,000 to be spent on spot advertising. Gaddo said he planned to meet with Financial Services to look at the numbers and find out what was working and not working, and why. Imker noted that the original budget for The Gathering Place had projected $4,109 in rental revenue, with the estimated actual end-of-year revenue at $10,351. Gaddo said the nurnbers were not final yet. Imker said the increase was favorable, asking why it was so successful. Gaddo said it was because staff had promoted rentals for times the facility was not used for its primary purpose. Imker asked if alcohol would be served at The Gathering Place. Gaddo said staff would discuss that at the November 9 workshop, laying out the pluses and minuses. It would increase rentals, but there would be other impacts. Fleisch said focusing on rentals also took away from the primary mission of The Gathering Place. Gaddo said that was one of the reasons for the November 9 workshop. Staff needed clear guidance. Imker noted the decline in pool revenue ($33,000 to $11,411), asking if the fees were too high. Gaddo said he did not think so; there had not been any negative feedback. Haddix said the discussion brought up another question to be added to the survey. The residents should be asked if they were using the recreation facilities more, less, or the same and why they were not using the facilities. Imker said the question could ask if the price change affected the use. Leamard said she had received an e-mail regarding coyotes. Based on her research, she found that the only animals that could be captured and relocated by a City designee were beavers. She asked what could be done about coyotes. Brown said they were considered a nuisance animal and had to be euthanized. He had spoken with the Department of Natural Resources about a wolf colony that lived behind the W ASA pump station near his subdivision. A wildlife officer came out and said, per state law, coyotes could not be re-Iocated and had to be euthanized. Meeker said he had not seen the e-mail, but pointed out that City ordinance prohibited the discharge of firearms in the City limits. Clark suggested hiring a licensed trapper, who would euthanize the animals. Imker asked if cats were included in the City's leash law. McMullen said they were. Hot Topics Update McMullen said City Engineer Dave Borkowski was continuing to meet with Camden Apartments' representatives about the cart path to the MacDuff tunnel. A meeting was planned the next day to review some alternate configurations, cost figures, and permitting requirements. Leamard asked about the fallen tree 011 the 106 Hickory Drive property. Meeker said the property owner was in bankruptcy, and the bank had foreclosed on the property. The bank had been told that the lender would be cited if the tree was not taken care of. - ~~ ' : Leamard moved to convene in executiye session to discuss personnel at 9:55 p.m. Fleisch seconded. The motion carried unanimously. - ~ City Council Meeting Minutes October 7, 2010 Page 13 Leamard moved to reconvene into regular session at 10:54 p.m. Sturbaum seconded. The motion carried unanimously. There being no further business to discuss, Sturbaum moved to adjourn. Leamard seconded. The motion "mod _'=ooly. Tho m,"'", .djoUm'd" 10,54 p.m. a ~ Don Haddix, Mayor