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City of Lilburn
City Council Meeting Agenda


December 9, 2019 at 7:30 p.m.
Lilburn City Hall, 340 Main St., Lilburn, GA 30047

Council Members:
Johnny Crist, Mayor
Lindsay Voigt, Post 1
Scott Batterton, Post 2
Eddie Price, Post 3
Tim Dunn, Post 4
I.

Executive Session (if necessary)

II.

Call to Order

III.

Roll Call

IV.

Pledge to the Flag

V.

Approval of Agenda

VI.

Announcements

VII.

Ceremonial Matter

VIII.

Public Comment

IX.

Approval of Minutes

1.

City Council Meeting and Executive Session Meeting Draft Minutes From November 12, 2019

Public Hearing (Y/N)
N
Department:
City Clerk
Presenter:
Melissa Penate, City Clerk
Staff Recommendations:
Motion to approve the City Council Meeting and Executive Session Meeting Draft Minutes from November 12, 2019.
Department Head Approval:
B. Johnsa
Mayor's Signature Required:
Yes
Documents:
  1. 11_12_2019 - CC Draft Minutes.pdf
  2. 11_12_2019 - CC Executive Session Draft Minutes.pdf
X.

Public Hearing

1.

PH Item 1 - Change in Conditions (CIC-2019-02) to relinquish special use for tall structure permit (TSP-2019-01) from 306 Luxomni Rd, and Conditional Approval of same Telecommunications Tower and TSP-2019-01 at 313 Luxomni Road.

May 13, 2019, City Council approved special use application (SUP-2019-01) processed as a Tall Structure Permit (TSP-2019-01) at 306 Luxomni Road (PIN#6150 443) according to city’s Chapter 117- Telecommunication Towers and Antennas Ordinance.  The land owners and applicant have agreed to relinquish those special use rights to the tall structure permit on that property through a Change in Conditions.  Concurrently, the same applicant proposes Conditional Approval of the same Telecommunications Tower and Tall Structure Permit (TSP-2019-01) to be located at nearby 313 Luxomni Road (PIN#6150 004).  The 3.8 acre site is currently occupied by Autorama/AutoGallery, and was zoned IA in September, 2018 (Ord. #2018-524) for auto/truck service, repair, towing and impound lot with conditions.

TowerCom proposes the selected site and plans for same 175-foot tall (179’ with appurtenances) wireless tower and 3,600 square foot ground level facility meet the criteria for Conditional Approval of a new tower according to Sec. 117-32. Considerations in approval or denial of a tall structures permit. The subject property is surrounded by property zoned CB and IA occupied by commercial and light industrial businesses as well as a church zoned OI.  Application includes analysis of existing towers, distances to residential zoned and occupied properties, and evidence that there are no other existing structures within the area that could meet T-Mobile’s wireless infrastructure coverage needs through co-location. Staff review of additional information concluded that the proposal meets the criteria in Chapter 117.

Public notice was placed on the property and letters were mailed to abutting properties notifying the owners of the pending TSP application. No objections were received.



Public Hearing (Y/N)
Y
Department:
Planning & Economic Development
Presenter:
Joellen Wilson, Director of Planning
Staff Recommendations:
Motion to approve CIC-2019-02 to relinquish special use TSP-2019-01 from 306 Luxomni Road, and provide Conditional Approval of TSP-2019-01 for a new Telecommunications Tower and Tall Structure Permit to 313 Luxomni Road.
Mayor's Signature Required:
Yes
Documents:
  1. PH Item 1 - AGENDA FORM - CIC-2019-02 and TSP-2019-01 Luxomni.pdf
  2. PH Item 1 - Attach 1 - Application CIC-2019-02 TSP-2019-01.pdf
  3. PH Item 1 - Attach 2 - CIC-2019-02 and TSP-2019-01 -Staff Analysis and Recommendation.pdf
XI.

Agenda

1.

Agenda Item 1 - Ordinance #2019-543 – Text Amendments To The Development Regulations.

Article 7.-Utilities and Easements, Section 7.3.-Sanitary Sewage Disposal is proposed to align with county agencies to define and expressly prohibit private decentralized wastewater systems (communal septic) and consequently require septic system design and installation according to Department of Environmental Health, or an approved connection to Gwinnett County sanitary sewer system. Precise text amendments to sections 7.3.2-7.3.4 and new section 7.3.5 are incorporated in the proposed Ordinance.

Public Hearing (Y/N)
N
Department:
Planning & Economic Development
Presenter:
Joellen Wilson, Director of Planning
Staff Recommendations:
Motion to approve Ordinance Number 2019-543 to amend Article 7, Section 7.3. to clarify text and prohibit private communal septic systems.
Department Head Approval:
J. Wilson
Mayor's Signature Required:
Yes
Documents:
  1. Agenda Item 1 - Agenda Form - DR Text Amendments -Sanitary Sewage Disposal final.pdf
  2. Agenda Item 1 - ATTACH 1 - Ordinance 2019-543 DR Text Amendment.pdf
2.

Agenda Item 2 - Adoption of Ordinance #2019-544 – Brunch Bill - Amending the City of Lilburn Alcohol Beverage Ordinance - Section 6-96 (a) - Hours of sale.

On November 5, 2019, the City of Lilburn held a special municipal election to determine a Referendum (Brunch Bill) authorizing the City to permit and regulate Sunday sales of distilled spirits and/or alcoholic beverages by the drink from 11:00 a.m. to 12:30 p.m. The Referendum passed with 298 “Yes” votes.

Ordinance #2019-544 amends Section 6-96 (a) Hours of sale. to allow the sale and serving of alcohol for consumption on premise on Sundays from 11:00 a.m. until 12:00 midnight.

Public Hearing (Y/N)
N
Department:
City Clerk
Presenter:
Melissa Penate, City Clerk
Staff Recommendations:
Motion to adopt Ordinance #2019-544, amending the City Alcohol Beverage Ordinances Section 6-96 (a) – Hours of sale, permitting and regulate Sunday sales of distilled spirits and/or alcoholic beverages by the drink from 11:00 a.m. to 12:30 p.m.
Department Head Approval:
B. Johnsa
Mayor's Signature Required:
Yes
Budgeted:
Yes
Documents:
  1. Agenda Item 2 - AGENDA FORM Brunch Bill ABO.pdf
  2. Agenda Item 2 - Attach 1 - Brunch bill Ord 2019-544.pdf
3.

Agenda Item 3 - Adoption of Ordinance #2019-545 - Amending the City Alcohol Beverage Ordinance to Section 6-62. License; Application form.

Staff recommends amendments to the City Alcohol Beverage Ordinance in various sections as presented.
Public Hearing (Y/N)
N
Department:
City Clerk
Presenter:
Melissa Penate, City Clerk
Staff Recommendations:
Motion to approve Ordinance #2019-545, amending various sections of the City Alcohol Beverage Ordinance.
Department Head Approval:
B. Johnsa
Mayor's Signature Required:
Yes
Documents:
  1. Agenda Item 3 - AGENDA FORM ABO Revision.pdf
  2. Agenda Item 3 - ATTACH 1 - Ordinance 2019-545 Alcohol Ordinance.pdf
4.

Agenda Item 4 - Moratorium on Small Cell Telecommunications (5G).

Department:
City Manager
Presenter:
Bill Johnsa, City Manager
Documents:
  1. Agenda Item 4 - Attach 1 - SMALL CELL MORATORIUM.pdf
XII.

Adjournment

As set forth in the Americans with Disabilities Act of 1990, the City of Lilburn does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs or activities. City Clerk, 340 Main Street, Lilburn, GA 30047 has been designated to coordinate compliance with the non-discrimination requirements contained in section 13.107 of the Department of Justice regulations, information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the ADA coordinator.

The City of Lilburn will assist citizens with special needs given proper notice (seven working days).  Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of the City of Lilburn should be directed to City Clerk, 340 Main Street, Lilburn, GA 30047, telephone number 770-921-2210.