HomeMy WebLinkAboutMinutes CC - 02/18/2015 - MINS 02 18 15 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Wednesday, February 18, 2015 at 6:00pm
Page 1 of26
This summary is provided as a convenience and service to the public, media, and staff It is not the
intent to transcribe proceedings verbatim . Any reproduction of this summary must include this notice.
Public comments are noted and heard by Council, but not quoted. This document includes limited
presentation by Council and invited speakers in summary form . This is an official record of the Milton
City Council Meeting proceedings. Official Meetings are audio and video recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on February 18,
2015 at 6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Tass Welch, Community Christ Church, Milton, Georgia
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLLCALL
Councilmembers Present: Councilmember Kunz , Councilmember Lusk, Councilmember Hewitt,
Councilmember Mohrig and Councilmember Longoria.
Absent: Mayor Joe Lockwood was absent from the meeting. Councilmember Thurman presided
as Mayor Pro Tern.
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
(Agenda Item No. 15-043)
Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following
changes:
• Add an Executive Session to discuss land acquisition.
• Defer Agenda Item No. 15-046, Social Media Policy, to the March 9, 2015 Regularly Scheduled
Work Session.
Councilmember Hewitt seconded the motion. The motion passed unanimously ( 6-0).
Lockwood was absent from the meeting.
PUBLIC COMMENT
Mayor Joe
Re g ular Meetin g of the Milton City Counc il
Wedne sday, February 18 , 2015 at 6 :00pm
Page 2 of 2 6
CONSENT AGENDA
1. Appro val ofthe February 2 , 2015 City Council Regular Minutes.
(Agenda Item No.15-044)
(Sudie Go rdon, City Clerk)
2. Approval of the Financial Statements for the Period Ending December, 2014 .
(Agenda Item No. 15-045)
(S tacey In glis, Assistant City Ma nager)
The following Agenda Item No. 15-046 was deferred to the March 9, 2015 Regularly Scheduled Work
Session by Motion and Vote under Approval of Meeting Agenda.
3. Appro val of Amendments to the Personnel Policy Handbook to Modify the City of Milton
Policies Regarding Social Media Policy.
(Agenda Item No. 15-046)
(S am Tra ger, Hum an R eso ur ces Dir ector)
4. Approval of a Construction Services Agreement between the City of Milton and Prime
Contractors , Inc. for Renovation Services at Fire Station 41.
(Agenda Item No. 15-047)
(C arter Lu cas, Public Wo rks Direc tor)
Motion and Vote: Councilmember Longoria moved to appro ve the Consent Agenda. Councilmember
Mohrig seconded the motion. The motion passed unanimously (6-0). Mayor Joe Lockwood was absent
from the meeting.
REPORTS AND PRESENTATIONS (No ne)
FIRST PRESENTATION {No ne)
PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Consideration of the Issuance of an Alcohol Beverage License to Sterling Arcade , Inc. dba
Paradise Biryani Pointe , Located at 531 0-D Windward Parkway, Milton, Georgia 30004 .
(Agenda Item No. 15-031)
(S ta cey In g lis, Assis tant City Man ager)
Re g ular Meeting of the Milton Ci ty Council
Wedn esday, February 18 ,2015 at 6 :00pm
Page 3 of 2 6
Stacey Inglis, Assistant City Manager
This item was on a previous agenda but we deferred it to this agenda due to the incorrect placement of
the sign. The applicant is now in compliance with all the city requirements and staff recommends
approval. This is simply a change of ownership.
Motion and Vote: Councilmember Hewitt moved to appro ve Agenda Item No . 15-031.
Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Mayor Joe
Lockwood was absent from the meeting.
Zoning is transcribed verbatim
ZONING AGENDA
1. Consideration ofU14-03NC14-03 -14250 Birmingham Highway, by Lauren Dillon -To
Operate an Artist Studio (Sec. 64-1843) within an Existing Building and to Request a Concurrent
Variance to Allow Outside Storage [Sec. 64-1843(b)(l)].
ORDINANCE NO.lS-02-234
(Agenda Item No. 15-040)
(Fi rst Presentat io n at February 2, 2 015 Regu lar City Cou ncil Meetin g)
(Kathleen F ie ld, Co mmunity Developm ent Director)
Kathleen Field, Community Development Director
Thank you. Good evening Madam Mayor Pro Tern and members of the city council. The first slide
before you is an ariel photograph that shows the property under consideration this evening. The current
zoning for this property is AG-1. The future land use map shows the future land use for this property to
be low density residential. This is a site plan that was submitted on October 1, 2014 , which shows the
existing house as well as the existing studio to the rear. The subject site is zoned AG-1 and developed
with a 4 ,988 square foot single family residence and a 3,296 square foot metal shop building and other
accessory structures built on 7.912 acres. The site is heavily vegetated with Chicken Creek as the north
property line. The applicant seeks a use permit for an artist studio within the existing 3 ,296 square foot
metal building. The applicant is requesting a concurrent variance to allow outside storage. The intent is
to preserve the agricultural customs of the area as the artist uses traditional blacksmithing techniques to
create his artwork. Staff undertook a site plan analysis and essentially the site met all the standards with
the exception of number one under outside storage and accordingly the applicant is requesting a
concurrent variance for this. And , in terms of the concurrent variance to allow outside storage , the
proposed site plan indicates outside storage on the north side of the workshop building which would
keep the materials out of site. And, as you face the studio , this would be the area to the right. There is
heavy vegetation on the site and the property is higher in elevation and , therefore , cannot be seen .
Staff's opinion of this request meets the following considerations for the concurrent variance:
---------------------------------------------------------------------------------~
Re g ular Meeting of the Milton City Council
Wedn esday, February 18 , 2 015 at 6 :00pm
Page 4 o f2 6
1. Relief, if granted , would not offend the spirit or intent of the zoning ordinance.
2. There are such extraordinary and exceptional situations or conditions pertaining to the particular
piece of property that the literal restrict application of the zoning ordinance would create an
unnecessary hardship.
3. Relief, if granted , would not cause a substantial detriment to the public good.
Therefore , staff recommends that VC14-03 be approved. Under use permit standards number two , shall
not generate traffic sound , smell , vibration, light , or dust that is offensive so as to constitute a nuisance.
Staff notes that during the CZIM meeting and the DRB meeting , the adjacent property owner to the
south was in attendance stating that they experienced vibrations within their home while the applicant's
hammer was in operation. Based on this input , the DRB recommended that the applicant install
additional information to the building to allow staff to conduct sound readings. Since the time of that
ORB meeting in November, the applicant installed additional insulation on the south wall of the
workshop and pads to decrease the vibration. Sound tests were conducted by city staff at two locations
on the property line . In both instances , the Dba, decibel le vel , did not exceed the allowable 65 Dba at
the property line. In addition , staff did not feel any vibrations at those same locations while the hammer
was in operation. Therefore , it is staffs opinion that the operation of the equipment used by the
applicant does not generate traffic sound , smell , vibration , light, or dust that is offensive so as to
constitute a nuisance. Continuing with use permit standards 3(h), if applicable , hours for customers to
visit the studio and deliveries should be limited to 8:00 a.m. to 5:00 p.m. Monday through Saturday.
The applicant has submitted the following regarding hours of operation: Monday through Friday, 8:00
a.m . to 6:00 p.m.; Saturday and Sunday, 9:00 a.m . to 6:00 p.m. and deliveries as noted in the chart
above . The proposed hours during the weekdays and weekends are longer than the use permit standards
therefore , staff recommends that the hours of operation be limited to 8:00 a.m. to 5:00 p.m. Monday
through Friday and 10:00 a.m. to 5:00 p .m. on Saturday, and 12:00 noon to 5:00 p.m. on Sunday. In
terms of public involvement, at the CZIM meeting which was held on October 28 , 2014 , the applicant
was present. There were fi ve people also in attendance at the meeting and the following issues were
brought up :
• Hours of operation
• Noise level of the work in the shop
• Vibration from the operation of the work in the shop
The Milton Design Review Board had a courtesy review on November 4, 2014 and the following
comments were made at the meeting: It was suggested that the applicant be deferred until a definitive
answer was ascertained as to what the noise levels were. The applicant was requested to have the noise
vibration levels tested and returned to the DRB for the January meeting . At the DRB January meeting
the following comments were made: That the applicant add padding under the hammer and add
insulation to the building. Staff observed the sound test while the equipment was in operation. The
noise level generated by the equipment operation is less than the city maximum as measured at the
property lines. Also , staff encountered no vibration from the machinery. Therefore , the applicant has
met the Design Review Board request.
Under use permit considerations :
1. Is it consistent with land use or economic development plans ? Yes , the staff feels that it is .
-------------------
Regular Meeting of the Milton City Council
Wednesday, February 18 , 2015 at 6 :00 pm
Page 5 of26
2. Compatibility with adjacent uses -it is staffs opmwn that the proposed artist studio is
compatible with the adjacent and nearby properties if approved with the recommended
conditions.
3. Under parking-the required number of parking spaces is one space per 1,000 square feet. Based
on this requirement , a total of three parking spaces is required. And , there is sufficient space to
provide these.
4. Hours and manner of operation -the proposed hours during the weekdays and weekends are
longer than the use permit standards permit and are not conducive to the surrounding area.
Therefore, staff recommends the following:
• Monday through Friday -9:00a.m. to 5:00p.m.
• Saturday-10:00 a.m. to 5:00p.m.
• Sunday-12:00 noon to 5:00p.m.
Conclusion: If approved with the recommended conditions , the proposed artist studio is consistent with
the City of Milton 2030 future land use plan policies. Therefore, staff recommends U14-03 be approved
conditional and VC14-03 be approved conditional.
In addition, the Planning Commission did review this application at their meeting on January 29 , 2015 ,
and they approved both the use permit application as well as the concurrent variance application. So , in
terms of recommended conditions, they are as follows:
An artist studio within the existing 3,296 square foot building.
The hours of operation shall be the following:
• Monday through Friday-8:00a.m. to 5:00p.m.
• Saturday-10:00 a.m. to 5:00p.m.
• Sunday-12:00 noon to 5:00p.m.
The hours of delivery shall be the following:
• Monday through Friday -9:00a.m . to 5:00p.m.
To the owner 's agreement to abide by the following:
• To the site plan received by the Community Development Department on October 1, 2014.
To the owner 's agreement to the following site development considerations:
• To allow outside storage on the north side of the existing 3,296 square foot building as depicted
on the site plan received by the Community Development Department on October 1, 2014.
To the owner's agreement to abide by the following:
• Access to the site shall be subject to the approval of the Milton Public Works Department and
the Georgia Department of Transportation.
---------------------------------------------------------------------------~
Regular Meeting of the Milton City Council
Wednesday, February 18 , 2015 at 6:00 pm
Page 6 of26
• Also , driveway shall meet the required intersection site distance and driveway shall be improved
within the right-of-way as required by the Georgia DOT.
And , that is my presentation.
Mayor Pro Tern Thurman
Are there any questions of staff?
Councilmember Kunz
When we had our field trip there awhile back , we were talking about that storage facility; that is where
they work on the outside artistic equipment out there. I think he had a piece out there when we had the
field trip, that is what we are talking about on the north side of that shed. Right? I just wanted to make
sure.
Mayor Pro Tern Thurman
Any other questions of staff?
PUBLIC COMMENT
Scott Reece, 13685 Highway 9, Milton, Georgia 30004
Madam Mayor Pro Tern, members of council , I am Scott Reece, Brumbelow Reece and Associates
doing business at 13685 Highway 9, Milton , Georgia 30004. I am here tonight representing the Dillons '
and their application for a use permit for an artist studio on their property located on Birmingham
Highway. Staff, I think, has done an excellent job of detailing everything. I don 't feel like spending
your time or my time rehashing everything. The main point is that it is a business that we feel
completely fits within the special use permit idea of creating businesses that preserve some spectrum of
Milton 's rural past. It is non-retail. There are not going to be many people at all that come in there. It
is kind of a unique and special design as far as the sculptures and the railings that he creates. A very
small percentage of his work is the hammering of the raw material , probably less than five percent. The
majority of his time is in design and welding and fabrication which doesn 't create any of the nuisances
that may have been brought up in the past. We feel like we have addressed any of the neighbor's
concerns. The noise and vibration does not exceed limits. The variance , the request on it , the material
that is involved in this process is not conducive to inside storage. Metal rods and base material just
doesn 't fit so we have designated this area that is shielded by the building itself from any of the
neighbors and then there is 500-600 feet of wooded side up to Chicken Creek so it is completely
sheltered from any other owners. We feel like we have addressed that. So , finally, we just feel like this
is a proper use for this property. A business that meets the city designation of creating businesses with
economic opportunity that creates a diverse and rural environment in the City of Milton. It is just
another way to preserve green space instead of having one house on one acre. I am going to leave the
rest of my time to answer any questions or rebuttal. Thank you for your time.
Mayor Pro Tern Thurman
The Public Hearing is now closed. Are there any questions for the applicant?
Councilmember Kunz
My only question was obviously there were conditions that were recommended. Are those conditions
acceptable to the applicant?
Regular Meeting of the Milton City Council
Wedne sday, February 18 ,2015 at 6 :00pm
Page 7 of26
Scott Reece
Yes .
Mayor Pro Tern Thurman
Any additional questions?
Councilmember Kunz
I will make a motion .
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No . 15-040 with approval of
the Staff Recommendations. Councilmember Lusk seconded the motion. The motion passed
unanimously (6-0). Mayor Joe Lockwood was absent from the meeting.
2. Consideration of ZM15-01 -13895 Hopewell Road by Jeff Runner-To Modify Condition 2.a.
to Include a 40x60 Pavilion on the Site and to Modify Condition 1.c to Increase the Number of
Guests from 150 to 250.
ORDINANCE NO. 15-02-235
(Agenda Item No. 15-041)
(Fir st Presentation at February 2, 2015 R egular C ity Co uncil Meeting)
(Kathleen Fi eld, Co mmunity Development Director)
Kathleen Field, Community Development Director
Our second application tonight , Madam Mayor Pro Tern , is shown, the property is shown , in red on the
aerial photo in front of you. The current zoning of that property is AG-1 and this is the revised site plan
that was submitted to us January 6, 2015 . Here are some pictures of the property, the approximate
location ofthe proposed pavilion on the west side of the house. In terms of background and history , The
Mayor and City Council approved a Use Permit for an event facility in January 2014. The proposed
event facility allowed only the existing structures and no other structures to be built or enlarged. In
addition , the maximum number of guests permitted was 150.
Since the time of the appro ved use permit, Mr. Runner has been working with the City Staff to design
the necessary sprinkler system within the large house that is to be utilized as the primary area for the
events .
There was no one from the community in attendance at the CZIM Meeting on January 27 , 2015.
Requested Modifications
Proposed Modification Request to modify condition 2 .a. -To include a 40 'x 60 ' pavilion on the site plan
(Approved pursuant to U13-04 on January 22 , 2014).
The applicant has requested in the letter of intent dated January 19 , 2015 to replace the original site plan
approved pursuant to U13-04 with a re vised site plan submitted to the Community Development
Department on January 6, 2015. This site plan proposes to include a 40 'x 60 ' pavilion. The applicant
has state the following reasons for the change in the letter of intent:
"Although our plans are to have most of the events inside the house, we do plan to allow a few
outside events. We would rather build a nice looking pavilion in which to hold the outside
events , rather than erect tents. Additionally , we have discovered that if we serve food in the
house then we have to install a full commercial sprinkler system , which is very expensive and
Re g ular Meetin g of the Milton City Council
Wedne sday, February 18 , 2015 at 6:00pm
Page 8 of2 6
requires extensive modifications to the house . If we don't serve food , then a residential system
in the assembly areas are all that is required. This system is far less expensive , utilizes the
existing water system , and is not any way near as intrusive to the facility. For those events in the
house that will be serving food , the food will be served in the pavilion and then the rest of the
event will be held inside the house ."
Proposed Condition for 2.a -To the revised site plan received by the Community Development on
2015 says site plan is conceptual only and must meet or exceed the requirements of the Zoning
Ordinance , all other applicable City ordinances and these conditions prior to the approval of a Land
Disturbance Permit.
The proposed pavilion (with no walls) located between the house and Hopewell Road with the
additional pasture between the pavilion and Hopewell Road also owned by Mr. Runner should not have
a negative impact on the Bethany Oaks Subdivision located further to the east. In addition , by building a
permanent structure and not utilizing tents , the overall appearance of the site will be maintained.
Therefore , Staff recommends that Condition 2.a. be APPROVED to include a pavilion as depicted on
the revised site plan submitted on January 6, 2015.
Proposed Modification Request for l.c. -To increase the number of guests from 150 to 250. The
applicant has requested in the letter of intent dated January 19 , 2015 to increase the number of guests
from 150 to 250 which was approved pursuant to U13-04. The applicant has stated the following
reasons for the change in the letter of intent:
"During the hearing for the original application we stated that an event with 150 to 160 people
was the maximum size we would like to host on our property . However, when speaking with
prospective clients we have disco vered that many of them have an invitation list of around 200
people . Even though we are well aware that not everyone invited actually attends , we are not
comfortable hosting the event that could lead to a violation of the use permit. Therefore , even
though our target attendance is not to exceed 150 to 160 people , we would like to have the use
permit increased to legally allow 250."
Proposed Condition for l.c. -The number of guests shall not exceed 250 people for as single event.
Staff has evaluated the applicant 's request to increase the number of guests from 150 to 250 people for a
single event. Based on the applicant's parking plan submitted with the original Use Permit, the site can
accommodate between 88 and 106 parking spaces . This meets the required number spaces of 74 based
on the largest assembly place without fixed seating. The ballroom within the house is approximately
2600 square feet and the proposed is 2,400 square feet in size.
It is Staffs opinion that granting the requested 250 guest limit would pose a potential parking problem
on the site based on the fact there are a maximum of 1 06 parking spaces. Practically , one assumes that
there are a minimum of two guests per car and sometimes attendees will attend without a plus one .
In addition, the applicant will be required to adhere to the existing conditions pursuant to U13-04 that
requires "Artificial sound emitting from the facility shall cease at 10:00 p.m." and "Artificial sound shall
be allowed only on the west side of the property".
Based on the parking issue , Staff recommends that the number of guests be increased from the existing
150 to 200. Therefore , Staff recommends APPROVAL CONDITIONAL of Condition 1.c. to indicate
200 guests.
Regular Meeting of the Milton City Council
Wednesday, February 18 , 2 015 at 6 :00pm
Page 9 of26
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve the petition, the recommended conditions (U13-04) should
be revised to read as follows:
1) To the owner 's agreement to restrict the use of the subject property as follows :
c) The number of guests shall not exceed 200 people for a single event.
2) To the owner's agreement to abide by the following:
Councilmember Lusk
a. To the revised site plan received by the Community Development
Department on January 6 , 2015. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all other
applicable City ordinances and these conditions prior to the approval of a
Land Disturbance Permit. In the event the Recommended Conditions of
Zoning cause the approved site plan to be substantially different, the
applicant shall be required to complete the concept review procedure prior
to application for a Land Disturbance Permit. Unless otherwise noted
herein , compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
The pavilion is actually in front of the house . What is the setback from the road?
Robin McDonald, City Planner
Earlier this year, Mr. Runner came before the Board of Zoning Appeals to get a variance to reduce the
setback, so that is already in place.
Councilmember Longoria
Kathy , is the issue he cannot serve food inside without the sprinkler system or he cannot prepare food
inside without the sprinkler system?
Kathleen Field
My understanding is that hot food cannot be prepared or served inside and therefore , the owner wants to
serve the food in the pavilion. Otherwise, the requirement to have a commercial sprinkler system has to
be met as opposed to a residential system.
Councilmember Longoria
They can bring the food inside once they have been served?
Kathleen Field
That is a good question for the applicant to better understand the restrictions.
Councilmember Lusk
Back to the sprinkler system, does the applicant still have to put in a residential system?
-----------------------------------------------
Regular Meeting of the Milton City Council
Wedne sday, February 18 , 2 015 at 6 :00pm
Page 10 of 26
Kathleen Field
That is what he would like to do because it is less intrusive and why the pavilion has come into being.
Councilmember Mohrig
This is probably for the Fire Marshal but what are the restrictions as far as the food goes? That is
material for the decisions we are making here and what type of events he could actually hold.
Kathleen Field
Staff also came up with is drink a food or not? Can you serve alcohol in there ? We were trying to get
clarification from the Fire Marshal but he is out of town.
Mayor Pro Tern Thurman
Do we have any other questions of Staff?
PUBLIC COMMENT
Jeff Runner, 13895 Hopewell Road, Milton, Georgia 30004
Good evening Mayor and City Councilmembers. The whole variance for the pavilion was planned in
the future and we showed it on our parking plan rather than our site plan. We went ahead and got a
variance to get the setbacks reduced and that was granted. We were sitting down with the Mayor, Fire
Marshal , the Community Development department and were talking about ways to keep from having to
put a full blown commercial sprinkler system in the house. It was pointed out that Georgia law states
you have to have a commercial sprinkler system if the food is intended for food consumption. If it is not
intended for food consumption, you can go with something lesser depending on what the use is. We are
intended to be an events facility at which food maybe consumed. Talking to the state Fire Marshal they
agree that the code or law is reall y meant for restaurants but has a grey area within it. The Fire Marshal
of the City of Milton interprets it to be any food that is consumed because people sitting at a table eating
would be slower to evacuate than someone just sitting at a table watching or playing games , etc. He did
not quite understand the law and we do not really understand it either. I asked if we served drinks to
people and they were just sitting around drinking , playing cards , would that be an issue with regards to
this law. He said no it is the actual food consumption that triggers it. He also said we could serve it
anywhere else on the property and they can carry it in, we cannot stop them from carrying into the
facility but cannot be served in the house. We thought we already had a variance for the pavilion so we
will just go ahead and build it. But that is when Robin noticed the pavilion is not on the site plan. It is
actuall y on the parking plan which was not on the correct site plan . This is to correct that and put it on
the site plan. As far as the increase in number of occupants from 150 to 250 , we have run into a number
of people that would like to invite around 200 guests and end up with 150-175 guests attending. We are
not comfortable booking anything that would possibly put us into violation of what we had agreed to.
I will reserve the rest of the time for any rebuttal or any questions.
Tom Leonard, 13840 Bethany Oaks Pointe, Milton, Georgia 30004
Our property backs up to the Jeff Runner's property .
I want to write this letter to show we fully support the use of the house as an events facility and we
support the proposed variances as being requested by Jeff Runner. The Runners have always been very
careful to not be a disturbance to the neighbors. Even though we know they have held a number of
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2015 at6:00 pm
Page 11 of26
events there, they were so quite we didn't even know they had occurred. Any disturbances we get in this
neighborhood come from Cambridge High and Kings Ridge Academy. They are so loud we can hear
every event they have. Thank you for your consideration.
Brent and Chrissy Reeves, 15030 Freemanville Road, Milton, Georgia 30004
As a resident of Milton, I strongly encourage the committee to approve the request by the Runner 's for
the Yellow House Farm Events facility to serve 250. This facility is an asset to the Milton Community
and upholds the rural lifestyle that was the vision for our city. The requested capacity of250 will ensure
the financial viability of this property without negatively affecting the community . This facility will not
only yield significant tax dollars to the city , but will preserve the ability to maintain its appearance and
use rather than forcing the owner to find other suitable economic use which could be detrimental to our
neighborhood. Thank you.
Mayor Pro Tern Thurman
Is there anyone who would like to speak in opposition of the ZM15-01 ?
Theodore Cox, 13860 Bethany Oaks Point, Alpharetta, Georgia 30004
Good evening, I am Theodore Cox. We have no objection to the pavilion, let me first say that. As far as
the community zoning meeting, I would just make one recommendation it comes about two weeks
before the meeting and with business travel it is very difficult to make those meetings , is there any way
you can give a little earlier notice that would be much appreciated. This is my eighth official zoning
meeting involving Jeff Runner between Milton and Fulton County. In finance , when a client continues
to violates an agreement we use the term "Credit Fatigue" that is what we have here, "Zoning Variance
Fatigue". Clearly this is Mr. Runner 's strategy, just keep filing variances and the opposition will
ultimately give up and stop caring but this is where our elected officials are supposed to act. Mr. Runner
told the people ofBethany Oaks that up to 150 people was as many as he would request because he did
not want to impact the neighborhood but now because of money and financial considerations he says he
needs 200 -250. Why does it matter if prospective clients want 200 ? Why is that the criteria? Why not
ask how about making someone keep his word. It doesn 't matter if the Fire Department said 400 people
are allowed . It isn 't about grandma and cousins which are some of the arguments he has made before
about some overages. It is about doing the right thing and holding someone accountable for prior
promises. The argument raised about the number of parking spots is somewhat irrelevant. Mr. Runner
has openly written of his desire to use a bus and shuttle system to bring people to his horse show events.
Thankfully that was withdrawn from Mr. Runner after it was rejected by the Zoning Board . Parking
spots is not the issue ; it is noise , cars, alcohol and traffic. Please reject any use of buses and shuttles and
keep this facility to 150 people. I do not know ifthe City Council realizes how load 200 people are
when they are about 2.5 square acres from your home. Some of you live on five acre lots or more ,
imagine 200 people on the very outskirts of your property. And it isn 't an infrequent event. It could be
two times each weekend for the entire summer, perhaps 50 times per year. We have heard about some
noise monitoring sy stems. I still do not understand what that is. Yet the city is about to apply the same
noise ordinance to Mr. Runner that also applies to Montana's bar. A bar on Highway 9 that has the
same noise standard as a party venue bordering a subdivision on AG-1 land , can this actually be the
case ? And also with respect for what you just heard , there seems to be so much talk about noise and the
hours of operation, that is not one of the concerns we are talking about with this particular facility. Let 's
talk about hours of operation and why more people matter. We know artificial noise must stop at 10:00
p.m. and events must end at 11 :OOp .m. But what time is the last alcohol filled person leave , when does
the caterer leave, when does the band leave , when does the staff leave ... 1 :OOa.m.? 2:00a.m? This has
not been addressed by anyone . It ties into what you have approved for the traffic flow. In all the maps
-----------------------------------~------------------------------------------------------
Regular Meeting of the Milton City Council
Wednesday, February 18 , 2015 at 6:00pm
Page 12 of26
that you see , you see this one acre lot but we are really talking about two distinct properties. You have a
newly permitted path of traffic to enter one way and to exit out to the south, seven hundred yards
directly behind my home and exit out via the main barn near Yellow House Farm. This traffic will flow
to 1 :OOa.m or 2:00a.m. There are absolutely no limitations when any of this traffic can take place.
Again, imagine if this was 2.5 acres from your home: one hundred cars , trucks , doors , people voices at
I 2:00a.m. If some of Mr. Runner 's neighbors were in favor of this facility they should not matter the
traffic flow exit the same way it enters. We would ask you to reconsider the traffic flow and restrict all
cars, parking trucks and noise to the lot in question. Do not allow it to flow out the other way. As I said
to you in writing , you need to experience what we experience. You need to come to our home around
1 O:OOp.m. to listen to the band and listen to the noise and voices and watch the trucks and cars and
traffic to truly appreciate what we are dealing with. The Zoning laws are written for a reason and
variances are supposed to be approved for hardship and especially if there is not a nuisance that is
detrimentally impacting neighbors. This is no longer about preserving rural Milton, I think we all know
that and I have expressed that to you in writing why Preserve Rural Milton was just a beautiful political
argument. This is about one person profiting at the expense of others. Please reject the proposal for 250
people . If you want to say 150 people, plus or minus five percent, that is fine, but 250 people is just
taking advantage of a neighbor. Thanks very much.
Mayor Pro Tern Thurman
There is some time left for rebuttal.
Jeff Runner
We have not changed our plans from the beginning. We are still planning for events that will include
150 -165 people. We are going to put a financial penalty in for anyone who wants to have more than
that. We originally submitted our proposal to allow for 250 guests so our plans have never changed.
Mayor Pro Tern Thurman
The Public Hearing is now closed. Is there any Council discussion?
Councilmember Longoria
I was going to ask if there has been any complaints or issues with the current operations of the facility
but apparently there has not been any events that have taken place there as of yet, is that correct? On the
other hand , I just heard from a citizen who says to come to his house to hear the noise from the band,
people, etc. Are we having events at this facility or not?
Jeff Runner
We have had my daughter 's Christmas party that ended at 8:00 one evening. We have had a birthday
party for our grandchild and a couple of private family events. We have not had any booked events
there yet.
Theodore Cox
He is using the date of when the zoning meeting occurred but he has held events that occurred prior to
him even asking for the Special Use Facility.
Councilmember Longoria
In the last 30 days have there been any events?
Regular Meeting of the Milton City Council
Wednesday, February 18 , 2015 at 6:00pm
Page 13 of26
Theodore Cox
No sir.
Councilmember Longoria
In the last six months have there been any events?
Theodore Cox
No.
Councilmember Longoria
So these events you are talking about would have occurred more than six months ago?
Theodore Cox
Correct.
Councilmember Mohrig
Regarding the hours, I thought we were pretty discreet when we approved another similar facility. Can
you run through the current restrictions and requirements?
Robin McDonald
What was approved last year regarding sound is as follows:
• Artificial Sound emitting from the facility shall cease at 1 0 p.m.
• Artificial Sound shall be allowed only on the west side of the property
Those are the only conditions made at that time for this specific use but also the Use Permit has its own
timing requirements which are:
• Hours of operation shall be between 8:00a.m.-11:00 p.m. when adjacent to residential districts
or AG-1 district use for single family dwellings such as in this situation.
Therefore, technically hours of operation can go up to 11 :00 p.m. because you did not give additional
hour limitations other than for the artificial sound.
Councilmember Mohrig
At 11:00 p.m. is when everyone should be vacated? And it will not be going until 1 :00 a.m.?
Robin McDonald
Correct.
Councilmember Mohrig
Are there any variances at all with the number of days of operation and hours?
Robin McDonald
There were no day limitations.
Councilmember Mohrig
Alright, so we have artificial sound ceasing at 10 p.m. and event over at 11 :00 p.m. with guests leaving
the facility?
Robin McDonald
Correct.
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2015 at 6 :00pm
Page 14 of26
Councilmember Lusk
Is Sunday an exception?
Robin McDonald
Sunday is not an exception with this because no conditions to limit Sundays were made.
I think you may be thinking of the Little River Farms facility where you all were very specific about the
days of the week and weekend. In this facility you all were not.
Councilmember Lusk
Talking about the Little River Farm, which we approved last fall , what was the allowable occupancy?
Robin McDonald
It was 250.
Councilmember Longoria
I have some difficulty fixing something I do not know is broken. We granted this January 2014, have
not had any events and yet we are looking to change the policy. Kathy , from your point of view, why do
we need to make changes? I understand the pavilion requirement but when it comes to the number of
people in attendance, I would rather operate under the conditions we granted so we can see if there are
actually any problems related to noise, parking, people, etc.
Mayor Pro Tern Thurman
We have not seen any pictures of what this pavilion looks like , would it have to go before the Design
and Review Board?
Kathleen Field
It certainly would.
Councilmember Hewitt
I am in agreement with Councilmember Longoria as far as the guest increase.
Mayor Pro Tern Thurman
Going through this process of looking for a Special Event Facility, being able to allow for 200 guests
really opens the facility up to many more events and weddings.
Councilmember Longoria
That is a good point. Let's just say Mr. Runner knows he is going to hold an event that has 220 guests
attending , does he have the option to come to the city and inform them of this event or does he just
operate under the cover of his existing permit and hope no one catches him?
Kathleen Field
It is the latter and not the former.
Councilmember Longoria
I was hoping that would not be the answer.
Regular Meeting of the Milton City Council
Wednesday, February 18 , 2015 at 6 :00pm
Page 15 of26
Councilmember Lusk
Looking at the probability of having attendance over 160 -200 , could an administrative variance be
allowed case by case to cover the overage of guests?
Chris Lagerbloom
We do not believe so .
Mayor Pro Tern Thurman
Chris , did you get us any information on serving food and fire sprinklers?
Chris Lagerbloom
I posed the question to the Fire Marshal (who is out of town) and the Assistant Fire Marshal. I have
received an answer from the Assistant Fire Marshal and am waiting to hear from the Fire Marshal
himself. The assistant Fire Marshal believed there is a nuance between either serving it or preparing it
versus the consuming of it (food and drink). I do need to confirm that this is the Fire Marshal's position.
The belief for the pavilion was that food could be served in a place that met a code and then the
consuming ofthe food can happen wherever, but I need to confirm that is the Fire Marshal's position.
Councilmember Longoria
Mr. Runner, is the reason you have not had any events at the facility yet due to not being prepared to
have them or is it something else? It has been a year since we have approved this and I did not get the
impression it would take this long to get your facility ready to host events. What are your challenges
right now?
Jeff Runner
The challenge is taking an old house and trying to get it in compliance with today ' s commercial codes,
with the biggest challenge being the sprinklers. The new commercial code that the city has adopted
requires us to put a sprinkler in the attic , every closet, every porch, anything closed and built in needs a
sprinkler. Also a new six inch line is needed. We are talking at least $100 ,000-$200,000 in upgrades.
And our biggest hurdle is trying to understand what the actual fire code requires. The Fire Marshal and
the ones who wrote the code have different interpretations of the requirements. It has been an ongoing
battle and instead of fighting it we decided to take a different approach and create the pavilion.
Councilmember Longoria
Let 's say tomorrow we have clarity of what it is going to take to meet the fire code , how long do you
think it will take before you are actually having functions at your facility?
Jeff Runner
We can be ready construction wise in two months, once we get the building permit. Everything else is
resolved at this point.
Councilmember Longoria
A year ago we were debating about supporting this facility. I remember a lot of questions about the
number of people you thought would make your business viable and we did not want to permit you for a
certain amount of people causing you to go out of business in a few months. We got assurances from
you that 150 -160 people was a good number and would allow you to operate and conduct your business
the way you thought it should be. I know we have not had any events there yet , do you think it is a
Re g ular Meeting of the Milton City Council
Wedne sday, February 18 , 2015 at 6 :00pm
Page 16 of26
reasonable idea for us to not change the number of attendees allowed until we get some better
information?
Jeff Runner
Absolutely not. Nothing has changed since we talked before. As Mayor Pro Tern Thurman said before ,
200 attendees is a magic number with brides. Everyone thinks they are going to have 200 people attend
their wedding. When we talk to future clients, they are not interested in our facility unless we can
accommodate 200 people. We still contend our facility is perfectly suitable for 150 -160 people. We do
not want to have 200 people but we do not want to preclude ourselves from being considered for a bride
who thinks she is going to have 200 attendees at her wedding. That is why originally we asked for 250
attendees. Also , the facility on Batesville Road was approved for 250 people putting us at distinct
disadvantage with our competition. We want to be competitive with the other facilities and get people to
come give us a look. If we say we cannot accommodate up to 200 we are losing out on a bigger market.
Once they see our facility we try to encourage the client to keep the numbers around 150-160 and offer
group plans for that range. Any more than 160 attendees will incur an upcharge which will discourage
them from going up to the 200 to 250 attendees mark. We are just trying to get them in the door, see the
place and then let them know there will be an upcharge for numbers over 150 -160 .
Councilmember Longoria
We knew all these things a year ago.
Jeff Runner
That is why we asked for 250 a year ago.
Councilmember Longoria
We were specific and said are we hurting you by granting you only 150-160 and you told us "no ".
Jeff Runner
I don 't think we knew then what we know now after talking to so many brides. We did not know to the
extent of how many brides will not look at your place unless you can handle 200 attendees.
Councilmember Longoria
I am all for you succeeding in your business. I just do not think it is necessary for us to renegotiate with
ourselves on this particular topic .
Jeff Runner
I guess the question becomes why 150 for us and 250 for the other?
Councilmember Longoria
If the two properties were the same , then you would have a perfect argument but since they are two
different places located in two different areas of Milton, it is hard to compare the two properties .
Jeff Runner
We just felt that the number of 150 was arbitrarily picked out of the air. We had asked for 250 , Council
wanted 100 , so we met in the middle with 150.
Councilmember Longoria
I think our biggest concern was related to parking and the traffic. And that has not changed.
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2015 at 6:00pm
Page 17 of26
Mayor Pro Tem Thurman
Mr. Runner, I know you have requested 250 and Staff has recommended 200 , which feels like a proper
number concerning parking, what are your feelings on that?
Jeff Runner
We could live with 200 attendees.
Councilmember Mohrig
Kathy, can you refresh us on why we have different ingress and egress on that property, going back to
Mr. Cox's concern about the traffic traveling south and exiting in a different place.
Kathleen Field
I think it was a constraint. If Robyn, again, that was part of the transportation ...
Robyn MacDonald
It is part of the transportation requirements but, from what I remember, it has to do with site distance on
Hopewell as well as just the general pattern of leaving but, I think, a major part of it was site distance.
Kathleen Field
Right.
Robyn MacDonald
So , it is at a bad position if you are trying to take a left or a right as you come in at his gated entrance
versus if you go further south where the farm entrance is , is a better site distance to be able to go left or
right.
Kathleen Field
Right.
Robyn MacDonald
To leave, yes.
Councilmember Mohrig
So , going in, the egress was not going to be an issue with the other location.
Robyn MacDonald
Right. Yes.
Kathleen Field
Correct.
Robyn MacDonald
So , that was the requirement of Public Works to do that.
City Manager Lagerbloom
If you need more information on that, Carter is in the building.
Regular Meeting of the Milton City Council
Wedne sday, February 18 , 2015 at 6 :00pm
Pa ge 18 of 26
Mayor Pro Tern Thurman
Yes , he is hiding around the comer over there.
City Manager Lagerbloom
He just walked in. He was meeting with some folks down the hall. There you go. We 've got the better
expert here if you need more transportation information.
Carter Lucas, Public Works Director
What was the question again ? It had to do with the restriction on the driveway width coming in and out.
So , some of the existing walls and maybe some of the landscaping and trees in there prevented what we
would consider to be a two-way entrance at that location. So , the discussion on that was we will bring
them in one way and bring them out the other way to prevent any conflicts at the entrance of Hopewell
Road.
Councilmember Mohrig
So, the issue wasn 't the line of site , because that is what I was struggling with wondering why it would
be different going in and different coming out , the issue was the width of the driveway , it basicall y
became a one-way in and one-way out.
Carter Lucas
There could be some site distance issues but I don 't remember off the top of my head right there. I
know we met out in the field to kind of review that but, I am sorry , offthe top of my head I don 't know
if that was a significant concern as much as just having enough width to accommodate two-way traffic
on that entrance road.
Councilmember Hewitt
You typically wouldn 't have site distance issues entering the property, would you?
Carter Lucas
Not in that condition . Anytime you are making a left across traffic you want to make sure you have site
distance in that particular direction but I think the issue , if there was any site distance , would be back to
the north of that location.
Councilmember Mohrig
To the north would be where the entrance is going in . Right?
Carter Lucas
Right. So , when you look out to the north , I think , if there is going to be any site distance condition it
would be , if that was an exit, looking back up to the north on Hopewell , I just don 't recall what that
particular distance is.
Councilmember Lusk
I remember that discussed.
City Manager Lagerbloom
If I could , council , as well , I just wanted to , those are good questions , and if you are using the answers to
those questions in your formulation of a decision of whether or not a pavilion is appropriate or the
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2015 at 6 :00pm
Page 19 of26
capacity should increase , then just remember that is what we are focused on tonight. The rest of those ,
those have already been granted in the initial presentation of this zoning item.
Mayor Pro Tern Thurman
Do we have any additional questions ?
Councilmember Kunz
Not a question; just a comment on this. Obviously , the pavilion , I think , is a great idea from looking at
it. I saw that and thought it made a lot of sense. On the number of people , I tend to think a little bit
more on Karen's point. I look back at my own wedding or weddings I have been to and what it was and
the number in and of itself is just a marketing idea in my mind. I think that as it is I think Mr. Runner 's
point is really dead on. If you want to compete from that perspective of a bride is going to want to go to
some place where she makes .. .if thinking of all these people she wants because it is always overblown
initially as far as who they are going to have and things like that and not necessarily if they are bad
people but they are just thinking oh we want to have this great big thing because that is how it was with
mine when I looked at it so I was the one mailing out all the cards and it wasn 't nearly 200 but we
thought initially there would be 200 people and at the end it was closer to the 150 level. So , I can
understand that and I know that from a marketing perspective we like to say that we can efficiently
calculate exactly how many people we want. Unfortunately , because markets are inefficient it is very
hard to do that. I think we need to be able to recognize that if we know what that number is and
anything underneath that is acceptable , I am okay with that and 200 doesn 't seem like a big problem to
me when I saw that in the staff recommendations. So , I have been quiet here most of the time tonight
because it made sense to me and that is where I am coming from.
Mayor Pro Tern Thurman
Do we have any additional questions for the applicant? Opposition or staff?
City Manager Lagerbloom
Council , if you will allow me to , I hav e received an email from the Fire Marshal that I would like to
share just so it is part of the record tonight. Matt tells us , he starts by saying the way the code reads , and
mind you this is from the top of his head in a hotel room in West Virginia.
City Manager Lagerbloom read an email from Matt Marietta, Fire Marshal
The trigger that would require the full commercial sprinkler system in the occupanc y is the
combination of the occupanc y load and the fact that food and alcoholic drinks are served on the
premises . In order to allow the lesser sprinkler system , the occupancy load inside the structure
would either have to drop below 100 or the food and drinks would not be served on the premises. In
this case , specifically the building not the pavilion , so , the code answer based upon my research
which is to say that the food portion of the event is served in the pavilion , not the house . By the
code , the two venues would have to be kept separate. He does indicate that , unless he is invited , he
doesn 't plan on being at each individual event and policing the plate of food that might make it into
the house. But, he does , on the record , want this to be a distinction, he says , I don 't want this to be a
distinction without a difference . It needs to be clear that the pavilion is the intended location for the
food , drink service , and consumption.
Councilmember Lusk
It sounds like the threshold is 100 occupants. So , he could serve food in the house if the occupanc y code
was 1 00 or less .
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2015 at 6:00pm
Page 20 of26
City Manager Lagerbloom
That wasn't the particular question that I asked him but I can tell you that his response was , "in order to
allow the lesser sprinkler system , the occupancy load inside the structure would either have to drop
below 100 or the food and drinks would not be served on the premises." So , there would be the 100
folks so ...
Mayor Pro Tern Thurman
And , the food would have to be served outside if there are more than 100 folks. And consumed.
Jeff Runner
Can I clarify that? That is occupancy load. Okay , occupancy load is the number of square feet divided
by what you intend to use that area for. So , if it is an area where you are sitting down it is seven square
feet per person. If it is an area where people are standing , it is four square feet per person. If it is an
area where tables are set up and people are sitting it is seven square feet per person. If it is an area set
up as an office , it is 50 square feet per person. That is how they calculate the occupancy load. The
occupancy load of our house doesn 't change. You may not know how many people you have there , it is
strictly based on what the square footage of the structure is.
City Manager Lagerbloom
Council , I would just like to clarify that Mr. Runner 's comments don't necessarily change the Fire
Marshal 's comments that I just read into the record.
Mayor Pro Tern Thurman
Do we have any other questions ? Would someone like to make a motion?
Councilmember Kunz
I would like to make a motion that we approve ZM15-01 for 13895 Hopewell Road by Jeff Runner to
modify condition 2(a) to include a 40x60 pavilion on the site and to modify condition 1(c) to increase
the number of guests from 150 to 200. Agenda Item number 15-041; per staffs recommended condition
for 200 occupants .
Mayor Pro Tern Thurman
I second the motion. Is there any discussion?
Councilmember Longoria
I am in full support of the structure. I am not , at this point in time , in support of increasing the number.
Councilmember Kunz and Mayor Pro Tem Thurman were in favor of the motion. Councilmember
Lusk, Councilmember Hewitt, Councilmember Longoria, and Councilmember Mohrig were opposed.
The motion failed (2-4).
Councilmember Longoria
I make a motion to do what I suggested which is approve the structure but not approve the increase in
the number of occupants. I don't know how to necessarily word that so if I need to ...
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2015 at 6 :00pm
Page 21 of26
City Manager Lagerbloom
It sounds as though your motion will be to approve ZM15-01 on 13895 Hopewell Road by Jeff Runner
approving condition 2(a) to include a 40x60 pavilion on the site and denying condition 1(c) which would
increase the number of guests from 150 to 250.
Councilmember Longoria
Correct.
Councilmember Hewitt
I second the motion.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 15-041 with the
following conditions:
• Approval of condition 2(a) -To the owner's agreement to abide by the following: To the
revised site plan received by the Community Development Department on January 6, 2015 . Said
site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance ,
all other applicable City ordinances and these conditions prior to the approval of a Land
Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved
site plan to be substantially different, the applicant shall be required to complete the concept
review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
• Denial of condition l(c)-The number of guests shall not exceed 250 people for a single event.
and Approval of Staff Recommended Condition l(c) -To the owner 's agreement to restrict
the use of the subject property as follows: The number of guests shall not exceed 200 people for
a single event.
Councilmember Hewitt seconded the motion . The motion passed (5-1). Councilmember Kunz was in
opposition. Mayor Joe Lockwood was absent from the meeting.
End of verbatim transcription
UNFINISHED BUSINESS (No ne)
NEW BUSINESS (None)
--------·---------------------------------------------------------------------------
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2015 at 6 :00pm
Page 22 of26
MAYOR AND COUNCIL REPORTS
Councilmember Lusk
I would like to commend Bob Ellis and the Fulton County Board of Commissioners for producing a
balanced budget. I am looking forward to seeing progress in Fulton County during the next four years
with Bob Ellis ' leadership.
Councilmember Kunz
I would like to commend staff for their great job handling all the weather events we have had. The
roads in Milton were clear and fallen tree limbs were removed.
Councilmember Lusk
We had two meetings last Thursday at GDOT. The first meeting involved members from the City of
Alpharetta, the city engineer, director of public works , etc. We specifically talked about the interchange
that is proposed at McGinnis-Ferry and GA400. The impact that it would have on Alpharetta and more
importantly the negative impact it would have on the City of Milton. At least, the way it is designed at
this time. We were encouraged to remain engaged with GDOT. The project was part of the bond
referendum that was passed by Forsyth County last fall. The new CID was formed in South Forsyth
County last year and they are participating in this project as well. They have no other funding from
Alpharetta or Milton. They are kind of going about it on their own from that respect. They have
awarded a contract for design of the interchange. They are continuing with the project without any
federal funding. So , it is a challenge from that respect. However, they heard us loud and clear at GDOT
about how it will impact the city and hopefully , we will be able to stay engaged with them to come up
with solutions that are agreeable to both Milton and Alpharetta.
During the second meeting, we met with Forsyth County officials , Tom Moreland, Johns Creek officials
and Alpharetta. The main topic was a proposed widening of McGinnis-Ferry, essentially from GA 400
to Sergeant Road in Johns Creek. Forsyth County has taken the initiative , as part of their bond
referendum , to fund their part of it which is half of the widening project. The discussion quickly led to
Forsyth County officials asking Alpharetta and Johns Creek to each contribute 25% of the cost of the
project which would be approximately $11 million from each city. In conclusion, Alpharetta and Johns
Creek each stated that they were not privy to discussions of the project from the beginning and the y do
not have $11 million each to contribute.
City Manager Lagerbloom
As a follow-up to our last Work Session, I heard loud and clear the council 's desire to move forward to
secure some type of plan with our Conservation Initiative/Projects. I had a very long meeting with
Milton Grows Green and the y outlined their roles in Milton 's conservation initiatives. I have also met
with staff and will meet with Laurel Florio to obtain her recommendations as well. I will bring a
summary of these meetings back to you at a later date.
,---
Regular Meeting of th e Milton City Council
Wednesday, February 18 , 2 015 at 6 :00pm
Page 23 of26
STAFF REPORTS
1. Special Events Update.
(Courtney Spriggs, Public Outreach Coo rdinator)
Courtney Spriggs, Public Outreach Coordinator
We have given you an updated list of the city 's upcoming special events. The first event is the kick-off
of our new Broadwell Pavilion. It is absolutely beautiful and we hope to see you all there. In February,
we also have the Milton 's Mayor Run and Jog for a Cause. We have partnered with Northpoint
Pediatrics to have the 5k a Peachtree qualifier. It benefits our parks and three different pediatric cancer
foundations . I have met with Milton Grows Green to start planning Earth Day which will be held on
April 18th at Friendship Park. We have a new event coming up in May which will be the Milton
Hometown Jubilee. We have partnered with the Crabapple Community Association for this event. This
event will feature local beer and wine , local food , local restaurants , vendors , etc. We want to showcase
things that are specific to Milton. Of course , we will have the North Fulton Golden Games in which we
partner with all of the North Fulton cities and senior citizens have the opportunity to participate in
several types of events and games. We will also have our annual Memorial Day celebration. In
addition, beginning May 23rd every Saturday at the Broadwell Pavilion we will have a Milton Farmer 's
Market and Food Trucks. This event will last all summer and will be held from 4:00p.m. to 8:00p.m.
During three of the Saturday 's each month, we will have movies on Broadwell immediately following
the close of the Farmer 's market. Crabapple Fest will be October 41h. A Veteran 's Day celebration will
be held in November. Christmas in Crabapple and Breakfast with Santa at the Fire Department will be
held in December.
2. Discussion of Revisions to Chapter 4 , Alcoholic Beverages.
(Stacey In g lis, Ass istant City Ma n ager)
Chris Lagerbloom, City Manager
We have heard from several council members that they would like to know what we need to do to
change our Alcoholic Beverages ordinance to allow less restrictive regulation of moving from one venue
or restaurant to another with containers containing alcoholic beverages.
Stacey Inglis, Assistant City Manager
So , there are a few things that I need guidance on as we briefly discussed at the Work Session last week.
One of the things we started to discuss was special event facilities. I talked to the City of Roswell and
tried to find out what they do with their special event facilities. They said that their language, which we
copied, is fairly vague and did not allow for some clarity that they needed to answer some of the
questions that they face. So , since that discussion, the way that the ordinance reads it looks like any
special event facility regardless of whether or not the owners of the facility will be serving the alcohol or
if they allow caterers to serve the alcohol , it looks like they have to get an alcohol license. What I
propose , after talking to the city of Roswell , is that if they serve the alcohol themsel ves , then they should
have to get an alcohol license, but if they allow caterers to serve he alcohol , which I believe is what
Little River Farm is doing , then the alcohol caterers will have to have the alcohol license and the facility
itself will not have to. That is what I propose. If you would like it to be different than that , please let
me know.
Regular Meeting of the Milton City Council
Wednesday, February 18 ,2 015 at 6 :00pm
Page 24 of26
Councilmember Kunz
I think it would be redundant to require two licenses. I think that is what we are trying to avoid so if we
can do that , it would be great.
Stacey Inglis
Okay. So , it sounds like we are okay with the language that has been proposed. Now, let's move on to
the discussion of alcohol at Publicly Owned Facilities . The Parks and Recreation Board will be meeting
on this topic tomorrow to discuss their opinions regarding allowing alcohol in the parks. I wanted to
make sure we were clear on where you wanted to allow alcohol. We can specify certain city owned
property such as the Thomas Byrd House or we can just say any facility operated by the Parks and
Recreation Department.
Councilmember Lusk
What do other jurisdictions around here do ?
Stacey Inglis
Alpharetta allows it in the Chamber and Wills Park. They specify the two locations. I have not found
other ordinances that specify or talk about publicly owned facilities in this depth.
Mayor Pro Tern Thurman
And , if it was being served in those facilities it would be the caterer that would have to provide the
alcohol beverage license permit. If we are going to rent out the Thomas Byrd House , we are going to
have to allow alcohol. At the very least , I think it needs to be allowed there with that same stipulation as
far as the permit goe s.
Stacey Inglis
How about the Bethwell House ?
Mayor Pro Tern Thurman
I don 't see that would be a problem.
Stacey Inglis
Or the Broadwell Pavillion?
Councilmember Hewitt
It might just be easier to say, "all facilities " and then exclude certain places.
Stacey Inglis
So , we would exclude Fire Stations, City Hall , and the Public Safety Facility. I will work with Ken 's
office to get the exact language .
City Attorney Jarrard
It is interesting to hear you debate this because I have seen this issue debated several times. A lot of
jurisdictions are a zero tolerance policy for all city or county facilities. I have seen some that do not
identify each building but allow it only in the Parks and Recreation facilities and other jurisdictions
specifically designate where alcohol is allowed . The one I am the most familiar with is where the
buildings where alcohol is allowed are specifically named in the ordinance. The alcohol is catered in
with a caterer that is required to have a special event permit and a release from the vendor as well as a
Regular Meeting of the Milton Ci ty Counc il
Wednesday, February 18 ,2015 at 6 :00pm
Page 25 of26
specialized insurance policy. Unfortunately, you can set the bar so high and require all of those
permits/policies then people will not use it because it is too difficult to navigate all the red tape.
Stacey Inglis
The last item I would like to receive guidance on is the open container area. The Crabapple Form Based
Code is the area that we are discussing. I just wanted to make sure that you are okay with what we have
defined in the ordinance where it states that open containers are allowed. We said that open containers
are allowed in T4 , T4 Open, and T5 Transect Zones. It excludes the parcels fronting Green Road and
Arnold Mill Road. It is a fairl y wide area so I wanted to make sure you are aware of how wide the area
is and if you are okay with it. Alpharetta does not give a specific area in their ordinance where open
containers are allowed versus not allowed. They feel like there is a very apparent distinction between
where commercial ends and residential begins.
Councilmember Lusk
How does this address serving food and alcohol out on patios outside the actual walls of the structure?
Stacey Inglis
I believe that it allows it.
Councilmember Lusk
Can I make that interpretation from this section? Also , Roswell seems to be the least restrictive. Have
we looked at Roswell 's ordinance ?
Stacey Inglis
I did look at Roswell but I will look at it again. I can 't recall off the top of my head.
Mayor Pro Tern Thurman
It sounds like we are all in agreement to put language in our ordinance so that we can be competitive
with Alpharetta and Roswell for establishments that want to be in the Crabapple area.
Councilmember Hewitt
In looking at the map , the T4 Restricted Area, there are a lot of people who frequent the Crabapple
restaurants and then walk back home to the T4 Restricted Areas. Do we want to consider including the
T4 Restricted Areas in the acceptable areas to have open containers?
Mayor Pro Tern Thurman
To me, it makes sense if you are walking from Cans to Vintage Pizza, the way it is now you have to
make sure you walk all the way down the sidewalk, you can 't cut through the back or you will be in
trouble. I think the T4 Restricted Areas that were not previously allowed to have open containers should
be changed and those areas should be allowed.
Stacey Inglis
It looks like we can add the T4 Restricted Areas to the li st and that should take care of everything.
Councilmember Longoria
I think we should extend the same considerations of having open containers to all the other restaurants in
Milton that are not located in the Crabapple area. I realize that we can 't have people walking around
everywhere in Milton with open containers , but some of the privileges that we are creating for the
----------~---------------------------
Regular Meeting of the Milton City Council
Wednesday, February 18 , 2015 at 6:00 pm
Page 26 of26
restaurants in Crabapple should also be extended to the Milton restaurants that are not located in the
Crabapple area.
Mayor Pro Tern Thurman
I agree with that.
Councilmember Mohrig
I do too.
Stacey Inglis
We will look into that and create language that would pertain to those restaurants as well.
EXECUTIVE SESSION
Motion and Vote: Councilmember Mohrig moved to go into Executive Session to discuss land
acquisition at 8:07p.m. Councilmember Lusk seconded the motion. The motion passed unanimously
(6-0). Mayor Joe Lockwood was absent from the meeting.
RECONVENE
Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 8:10 p.m.
Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Mayor Joe
Lockwood was absent from the meeting.
ADJOURNMENT
(Agenda Item No. 15-048)
Motion and Vote: Councilmember Kunz moved to adjourn the Regular Meeting at 8:13 p.m.
Councilmember Hewitt seconded the motion . The motion passed unanimously (6-0). Mayor Joe
Lockwood was absent from the meeting.
Date Approved: March 16 ,2015
Sudie AM Gordon , City Clerk JoeLockw~
STATE OF GEORGIA
COUNTY OF FULTON
)
)
)
)
)
AFFIDAVIT RE: CLOSURE OF
OPEN MEETINGS
CITY OF MIL TON
Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia
to administer oaths, KAREN THURMAN, who in his capacity as Mayor Pro Tern and the person presiding over a
Council meeting of the CITY OF MIL TON, and after being first duly sworn, certifies under oath and states to the
best of her knowledge and beliefthe following :
At a Regularly Scheduled City Council Meeting held on February 18, 2015, at 6:00PM the Council voted
to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions
applicable to the exempt matters addressed during such closed meeting are as follows :
[Check or initial as appropriate]
1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease
property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate;
entering into contract to purchase, to dispose of, or lease property subject to approval in a subsequent
public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a
subsequent public vote pursuant to O.C.G.A, 50-14-3(b)(l)(B-E);
2 . discussing or deliberating upon the appointment, employment, compensation, hiring,
disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or
interviewing applicants for the executive head of the city with the vote on any such matter coming in
public pursuant to O.C.G.A. 50-14-3(b)(2);
3. attorney/client privilege in order to consult and meet with legal counsel pertaining to
pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions
brought or to be brought by or against the agency or any officer or employee or in which the agency or
any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1).
4. other (explanation):
~l.:. "
I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to
matters of official business or policy, with the exceptions provided by law as set forth above.
'''""'''''' . ''\~ GOFi ,,,_ ,,'~········ 'Do,~ .... •• sSIO#t •• ';A_.,
SWORN TO AND Sl:'JBSC~ • • :tore ~.;Y ~
this 18th day of February, 2ti~l. ~TAitr \:i ~:
! ,,-0 ·~ ',.,--: -·-. '""--., ·a:-
; <.P. \ .CUe\.'" •l 0 S • :1-.,."•:'ftA.. . ,_o~.· ~ ,:-"'<--•.:u_.ltY z6~··· 0 ~ ~········· ~" ,,, MAYOR PROTEM KAREN THURMAN
Notary Public
My Commission Ex