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HomeMy WebLinkAboutMinutes CC - 11/19/2018Regular Meeting of the Milton City Council Monday, November 19 , 20 18 at 6 :00 pm Page I of38 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 speaker s in summary form. This is an official record of the Milton City Cou ncil Meeting proceedings . Offic ial Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on November 19, 2018 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Rich Austin CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ADMINISTER OATH OF OFFICE TO ELECTED OFFICIAL (Sworn in by Chief Municipal Judge Brian Han sford) • Counci lmember-E lect Caro l Cookerly ROLL CALL Councilmembers Present: Councilmember Jamison , Councilmem ber Kunz , Councilmember Bentl ey, Councilmember Cookerly, Councilmember Longoria and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by Mayor J oe Lockwood) APPROVAL OF MEETING AGENDA (Add or remove it ems from the agenda) (Agenda Item No. 18-311) Motion and Vote: Councilmember Mohrig moved to approve the Meeting Agenda with the following changes : • Add and Executi ve Session to Discuss Land Acquisition. Councilmember Kunz seconded the motion . The motion passed (7-0). Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6:00 pm Page 2 of38 PUBLIC COMMENT (General) The following individual submitted a public comment card: Tim Becker 15625 Canterbury Chase Milton , Georgia 30004 CONSENT AGENDA 1. Approval of Contract Amendment between the City of Milton and Safebuilt Georgia, LLC . (Agenda Item No. 18-303) (Moved to the November 19, 2018 City Cou n cil Meeting by Motion and Vote at the November 5, 2018 C ity Council Meeting under Approval of Meeting Agenda) (Carter Lucas, Assistant City Manager) 2. Approval of a Contract between the City of Milton and Wanna Play Baseball , Inc ., dba WPB Concession for the Provision of Certain Concession Stand Operations . (Agenda Item No. 18-312) (Ji m Cregge, Parks & Recreation Director) 3. Approval of an Agreement between the City of Milton and AT&T for FirstNet Wireless Communication Services. (Agenda Item No. 18-313) (David Frizzell, IT Manager) 4 . Approval of an Agreement with Axon Enterprises, Inc . for the Purchase of Electronic Control Devices (Tasers) for the Milton Police Department. (Agenda Item No. 18-314) (Rich Austin, Police Chief) Motion and Vote: Councilmember Bentley moved to approve the Consent Agenda Items. Councilmember Jamison seconded the motion . The motion passed (7-0). REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Milton Investment Program/Pathway LLC created by Austin Braverman , Jordan Wainscott and Luke Aumur. (Mayor Joe Lockwood) Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 3 of 38 FIRST PRESENTATION (None) PUBLIC HEARING (None) ZONING AGENDA 1. RZ18-13 / VC18-07 -13090 Hopewell Road by Kai Chiang Su Dynasty to rezone from AG-l(Agricultural) to R-3A (Single Family) to develop 73 single family lots on 47 .1145 acres at a density of 1.55 units per acre and a 2 part concurrent variance to 1) reduce the rural trail from 10 feet to 5.2 feet (Sec 48-674 (1)) and 2) to reduce the stream setback from 25 feet to 0 feet [Sec. 20-426 (2)] and to consider and take action on any necessary amendment to the City's sewer boundary. (Agenda Item No. 18-305) (First Presentation at Nove mb er 5, 2018 City Cou nci l Meeting) (Carter Lucas, Assistant City Manager) Carter Lucas, Assistant City Manager Tonight, we are talking about a rezoning request on Hopewell Road . The property in question is a 4 7 acre tract located on the southern end of Hopewell Road which is outlined in red. You can see the city limits are in yellow. Hopewell Road is the eastern boundary of the property. Providence Park is in the upper left hand comer just to give you a general idea of where this property is located . The request is to rezone this parcel from AG-1 to R-3A to develop 73 single family lots on the 47 acre tract. This would be a density of 1.55 units per acre . The second part of this request is a two-part concurrent variance. The first is to reduce the rural trail which is right along Hopewell Road along the frontage of the property from 10 feet to 5 .2 feet and to reduce the stream setback from 25 feet to 0 feet and the second is a global reduction of the 25 foot impervious setback on the lakes . So , the site is currently a single-family residential structure on 47 acres. It 's under a CUVA on that particular property so the home is separated from the tract around it zoned AG-1. A future land use map refers to this parcel as agricultural , Equestrian, Estate Residential (AEE) designation. The property is located within the rural Milton overlay district. So , the current zoning as you see on this, the tract in question is in the center in red zoned AG-1 . Across the street, we have AG-1 zoning also. To the north, Brookshade Subdivision is zoned R-2A and the back-portion R-3A . You have an R4-A to the southwest. As I mentioned previously , the future land use map has a land use designation of AEE, Agricultural , Equestrian, Estate Residential on this piece of property as it does across the street. The median density residential and high-density residential designation surrounding the property as you see on this exhibit. The site plan that has been submitted is what you see before you. 73 lots centered around two lakes , so you have two lakes in the center of the property. Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 4 of 38 Hopewell Road is on the east. You have the Brookshade subdivision that surrounds it on the north and the west and the Vickery Crest Subdivision to the south. From a public involvement standpoint, our CZIM meeting was held on September 24 th and we had 67 attendees. The applicant 's public meeting was held on October 9th . Primarily the comments surrounded traffic flow through the existing neighborhoods so a connection to the south on the property. Connections across or around the lakes , so in this particular piece of property, the lakes separate the front half of the property from the back half of the property . The site plan that has been currently submitted there is no connection between those two, so the front half would connect to Hopewell Road and the back half would connect to Donegal Lane to the south. Concerns about lot widths and lot sizes is that the lot widths and sizes within the proposed subdivision should match those of the surrounding subdivisions and the requested buffers adjacent to the existing subdivisions . There were some concerns regarding sanitary sewer access to the property as well as impacts to the tree canopy on the property. The Design Review Board did a courtesy Review on this property on October 2nd of this year. Comments included the need to match property sizes to the adjacent neighborhoods. To basically abide by the existing rules that we have in place for this particular piece of property, stakeholder meetings and addressing construction traffic through the neighborhood if this proposal were to be approved. The Planning Commission heard this on October 24th and recommended denial not only for the primary zoning but also for the concurrent variances. So , when we look at the development standards required for the R3-A which is being requested on this particular piece, the proposed development meets those standards . So , here you see basic setbacks , lot square footage and building footage and the proposed development meets those standards. Other things that we need to consider on this particular piece of property is primarily this property is not included in the sanitary sewer service map in the IGA that we have with Fulton County . So , if you remember that map and that IGA , designate those areas within the city that are eligible for sewer and those that are not eligible for sewer. Council action is required to move any property from that which is not eligible for sewer to , that is eligible for sewer. This particular piece is not eligible for sewer and it does not have sewer on it , but it has access to sewer to the north in the Brookshade Subdivision. Without that sewer, you could not develop this at the current proposed 18,000 square foot lot minimum. So , the first part of the concurrent variance is a request to reduce the Milton Trail from 10 feet to 5 feet along the frontage of the property. Staff is actually requesting a withdrawal of this particular concurrent variance. When we did the Milton blueprint last year , it removed the trail section from this particular portion of Hopewell Road. The remainder of the parcels in this area all have 5-foot sidewalks so the five-foot sidewalk section on this would be satisfactory to meet the conditions of the code and the existing conditions on the site. The second part of the concurrent variance was the global reduction of the impervious setback around the lakes. So , what this means is, if you were to look at the lakes and have a normal water level or where you normally see the water level in the lake , that creates the point at which we begin to measure the buffers . So , we have a 50-foot undisturbed buffer that is a locally controlled buffer and we have a 25-foot state buffer inside of that. The setback in question is the 75-foot impervious which is a little bit orange on this which is outside of the 50-foot undisturbed buffer. So , the impervious setback is an area where minimal grading is allowed but no impervious surfaces , pool decks , buildings , sidewalks, those types of things are permitted within that area. So , this request is to remove that around both of the lakes. So , the concurrent variances , in particularly in this case , are a little bit different than what we have discussed in the past. So , when we have looked at variance requests Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 5 of38 in the past, section 64-1883 are the four criteria which we had most of our discussions about recently. In addition to that, when you are talking about the stream buffer and setback concurrent variances, there is some additional language that we have to consider and there are six more considerations that we have to look at when we look at a stream buffer concurrent variance. Those six are enumerated here. Based on the information that we have received to date on this, the conditions , either the four conditions under the original variance request that we have talked about as well as the six conditions in section 1890 , we don 't believe enough information has been submitted and staff is recommending a denial of that concurrent request. So , let's look at the standards of review for the zoning portion of this application and we have seven standards that we look at. The first is whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property? So, for a 70-foot lot subdivision, with minimum lot sizes of 18,000 sf, when we look at the adjacent lots, when you go to the north, you have the Brookshade Subdivision. The lots in the proposed subdivision range from 18,666 feet up to 27,220 feet. In this particular area of Brookshade, the lots are primarily 27,000 sf and up . On the western side , you have a similar range in the proposed subdivision of 18 ,666 sf up to a little under 22,000 sf. In Brookshade on this side, averaged a minimum of 27,000 sf with a couple of lots being quite a bit larger than that. On the south, again you have 18 ,666 sf up to 38 ,000 sf and in the proposed subdivision, but these lots within the Vickery Crest subdivision are quite a bit bigger and they are one acre lots in that whereas the remainder of Vickery Crest there are smaller lots in the 15,000 to 20,000 sf. And then over on the east side of Hopewell Road, you have some AG-1 lots and R-3 lots. And so this just gives you a layout of the existing lots in the Brookshade Subdivision. These numbers are listed in square footage. The property that is being proposed is this white area. These are the square footage of all the lots adjacent to it, so you can see that none of these lots are less than 27,000 sf and some are quite a bit more. Again, as you work your way down the west and southern portion of the property, the property in question is here in the center. You have 27,000 sflots in the back portion of Brookshade and the one acre plus lots here on the southern boundary in the Vickery Crest neighborhood. Additional AG-1 lots on the other side of Hopewell Road again are quite a bit larger. In addition, one of the things that we look at in this particular corridor is, that we have a requirement or at least from a policy perspective, that has been enforced over the years, is a minimum of one acre lots along Hopewell Road. So, here in red, you can see all of the one acre lots that exist within the currently zoned properties along this portion of Hopewell Road. These are the specifics in the developments along that section if you have any particular questions on any of those developments. The second thing we look at is whether or not the zoning proposal will adversely affect the existing use of the usability of adjacent and nearby property. In this particular case, it is staffs opinion that the proposal may adversely affect and impact the existing uses or usability of the adjacent properties to the east, north , west and south as we previously described. So, it doesn't provide a good transition or compatibility of the lot sizes within this with the lot sizes on the adjacent properties. Next, whether or not the property to be affected by the proposal has a reasonable economic use as currently zoned? The current zoning of AG-1 in the proposed future land use of AEE provides for one acre lots on this particular development, at 4 7 acres , we believe there is viable use for AG-1 development within this particular area. Whether the zoning proposal will result in a use which will or could cause and excessive or burdensome use of existing streets, transportation facilities, utilities or schools? We so have information from Fulton County schools regarding the impact of the existing elementary, middle and high schools Regular Meeting of the Milton City Council Monday , November 19 ,2018 at 6 :00 pm Page 6 of38 in this particular area and it is staffs opinion that it will cause an additional burden on those facilities . 5, whether the zoning proposal is in conformity with the policies and intent of the land use plan? I think we have seen from our previous exhibits that it does not meet the intent of the future land use plan and is not in conformance with the agricultural use and is inconsistent with the policy of both Fulton County and the City of Milton with regard to the one acre lots along Hopewell Road. And 6, whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Again, the future land use map , it 's not in conformance with that. It is not compatible with the adjacent property sizes in Brookshade and Vickery Crest as well as those properties across the street on Hopewell Road. And staff, therefore , would recommend denial of the rezoning. The final issue that we look at is whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources , environment and citizens of the City of Milton? A global variance for the setback is not something that we would approve . Typically , those variances have to be requested based on specific information on each individual lot and to date none of that information has been submitted. And , so again , based on the information provided, staff would recommend denial of rezoning RZ18-13 , withdrawal of Part 1 of the concurrent variance which was the size of the trail and sidewalk along the frontage as well as denial of Part 2 of the concurrent variance which was the stream buffer request. If council chose to approve the rezoning , there is a set of conditions that have been provided within your packet that staff would recommend accompanying that approval. Any questions on those , I would be glad to answer them , but, as this point, I would be glad to answer any questions . Mayor Joe Lockwood Ok, are there any questions for Carter or staff at this point? Obviously, you can ask questions later too , after discussion. Joe. Councilmember Longoria Carter, you made a couple of comments where it sounded like you were lacking some input from the petitioner. Is it ..... and I don 't want to get confused in terms of the relationship that the City had with the petitioner while you were working through these things . Were they forthcoming with the information as you requested? Were they honest with that information or have we not received things that we have requested? Carter Lucas When you talk about kind of a global variance for the impervious setback that they are asking for , they are not at a stage where they could provide that information. And, so , we haven 't received it and probably most likely don 't have it yet. They just probably gotten to that stage in the planning of the project. Councilmember Longoria Ok, thank you. Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 7 of38 Mayor Joe Lockwood Ok, anybody else? Sudie, I am going to ask you and Robyn, obviously we have a lot of public comment here . Do you know how many public comment cards we have? Sudie Gordon, City Clerk Yes sir. We have 18 citizens that would like to speak. And , 40 cards that I will read into the record. They are here but do not want to speak. Mayor Joe Lockwood Ok , so we've got ..... you know .... Typically , we start out with 10 minutes each side. I'm going to make an assumption that with at least 18 people wanting to speak and then reading 40 into the record, we may need a little bit more time. Now , obviously both sides will get equal amounts of time. So, at this point , if it 's ok with council , I am going to ask for 20 minutes on each side for public comment. Is the council ok with that? Do we need to make a motion on that , Ken? Ken Jarrard, City Attorney Yes , Mr. Mayor .... We do . Mayor Joe Lockwood Alright .... Do I have a motion to extend public comment time? Councilmember Bentley Motion and Vote: Mayor, I would like to make a motion to extend public comment time to 20 minutes each side. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Mayor Joe Lockwood Again, I want to certainly respect everyone here ... that ... there time and want to hear everybody but I also want to respect everybody 's time so if you are making a public comment and ..... if someone else has said the same thing ...... just say you agree with that or whatever. Don't feel like you have to repeat everything but just stress your position on that. So , at this point, we will allow those that are speaking in support of this application . Sudie , if you have the first speaker? Sudie Gordon Yes , first speaker would be Joshua Scoggins. Joshua Scoggins, 202 Tribble Gap Road, Suite 200, Cumming, Georgia 30040 Mr. Mayor, councilmembers. My name is Joshua Scoggins. I am with the law firm of Miles, Hansford and Tallant. I represent both the property owner and the rezoning applicant which are one in the same. As Mr. Lucas stated in his presentation, we are seeking a rezoning ... if I can get back to the home page here. This is application RZ18-13 with concurrent variances VC18-07. This is the subject property as Mr. Lucas pointed out is 47 ... just over 47 acres located on Hopewell and includes both the house that 's got the flag lot there in the middle as well as the surrounding property. What we are asking for is a rezoning from the AG-1 classification to R3-A Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 8 of38 for 73 lots and we are fine, for the record , withdrawing the first variance regarding the trail. There was some confusion on the part of our side about which ordinance Milton actually had in effect at the time this was zoned . So, there were four variances requested. Three of those are not needed. So , I think all we are talking about here is the stream setback variance. We are at 1.55 units per acre with the minimum lot size at 18 ,000 sf. Strike the first variance . The second concurrent variance to remove the 25-foot impervious setback and again we are not touching buffers. You are talking about old cow ponds that are considered state waters , so we are simpl y asking to allow ... and this is really to facilitate construction of lots located to the east of the ponds but between Hopewell Road and the lakes . It creates a bottleneck there and we are not planning on building anything inside that 50 feet of undisturbed buffer. We just want to make sure that we have enough space for houses that are of a price point that Milton can be proud of. So , along with that, we have asked that the City amend its official sewer service map to allow this property to connect to sewer because we have .... This goes way back before the City of Milton ever existed, but as development of the subdivisions around us came to fruition there were sewer reasons reserved by prior developers to this property. In fact , Dr. Su who is the primary owner of this site entered into property swaps to create the entrances to Brookshade subdivision and in response to that the developer conveyed an easement for sanitary sewer to him. So , I don 't want you to think this is just some run of the mill request to extend sewer. Dr. S has actually taken steps to make sure that all his necessary easements were in place and it is my understanding that the sewer stations that this would go to is significantly under capacity because part of the neighborhoods that were supposed to feed into it haven't been built and won 't be. There are already developed subdivisions so there is more than sufficient capacity in that pump station to handle this. All that being said , I won 't keep you long because I know everybody has a lot of things they want to say, and we have worked from the beginning to try reach a resolution , but this isn 't my first rodeo and when you were adopting your comprehensive plan and I sent a letter to the City .... in fact , ... I sent multiple letters to the City , stating that this property should not be shown as agricultural on the comprehensive plan since it is surrounded on all sides by zoned subdivisions ... that creating an island in a sea of neighborhoods doesn 't make much sense to me. Now, despite the fact that the City decided to keep that recommendation and that designation on the comp plan, that, coupled with the sewer has made it such that many people just want to see this property stay the way it is. I can certainly understand that. I can understand the Su 's perspective because they have been taking actions on this property for 20 years to make sure it was set up to be developed and while all of the criteria that were listed off and read through by Mr. Lucas about how impactful this particular project will be , the fact of the matter remains that current agricultural zoning classification, in my opinion, is unconst itutional. And , rather than run down the rabbit hole of litigation, it's always my goal to resolve these matters at the local government level. Now, so basically what this comes down to is whether or not the board or the council is willing to change the zoning. If you are not, that is your prerogative, but I don 't think it 's fair to make this one family keep an agricultural tract when everybody else around them has subdivision zoning with sewer. There are some lots in these adjacent subdivisions that don 't have sewer but that's because they are uphill from the sewer line ..... I'm sorry .... Downhill from the sewer line. So , they can 't make it flow uphill and that 's why you 've got some one acre plus lots touching this property. It 's all typographical. It 's got nothing to do with making one acre lots for everybody to go out and have one acre lots .... the sewer didn't flow that way. So , with all that , I will reserve the remainder of my time and I appreciate your time tonight. Thank you. Regular Meeting of the Milton City Council Monday , November 19 , 2018 at 6 :00 pm Page 9 of38 Mayor Joe Lockwood Sudie , if you would please call the next speaker in support . Sudie Gordon That is all the public comment we have in support. I am in possession of an affidavit from Mr. Tim Enloe attesting that he is outside of Milton 's jurisdiction and would like his email read into the record. His email states: "The Enloe family at 13075 Bethany Road , Milton , Georgia 3009 is in full support." That is all sir for support. Mayor Joe Lockwood Ok , then I'll open it up for those speaking against or opposition. Sudie Gordon Our first speaker is Peter Hernandez. He is speaking on behalf of Brookshade Homeowner 's Association. I am in possession of a Homeowner ' s Association Affidavit. Peter Hernandez, 155 Oakhurst Leaf Drive, Milton, Georgia 30004 The residents of Brookshade respectfully ask that the City Council deny the zoning change and concurrent v ariance because higher density dev elopment on Hopewell Road would : 1.) create safety and env ironmental hazards that would not exist if the current zoning remains unchanged, 2.) decrease the value of every home in Brookshade, and 3.) violate the founding principles of the City of Milton and CLUP that were adopted to preserve its rural character . Su Dynasty's rezoning request must be denied because it would irreparably damage the Brookshade community's ethos and diminish the aesthetic and financial value to homeowners . When Dr. Su purchased the original land, it was zoned as AG-l. Over the decades that the family has lived here , they sold unwanted parcels to developers and created a private oasis where they have enjoy ed their forested surroundings. Now they want the City of Milton to change the zoning, so they can sell the remaining parcel to a developer whose primary goal would be to maximize profit by building higher density housing without regard to the adverse impact it would have on their adjacent long-time neighbors . The addition of 73 new households on these 47 acres would require Fulton County to provide access to the ex isting sewer sys tem and despite the prior 's speakers comment that it's underutilized , I've lived in Brookshade for 15 years and there have been incidents where the sewer station has overrun and caused sewage to seep into the Regular Meeting of the Milton City Counci l Monday, November 19, 2018 at 6:00 pm Page 10 of38 subdivision near our pool. So , it is not without its problems. I'm not going to read all the footnotes and everything else I have. I did send a copy of my comments to all the councilmembers with the request that in its entirety be put into the record. Thank you very much. Robyn Fricton, 2970 Francis Road, Milton, Georgia 30004 I don 't live close to that neighborhood ... I'm down the road but the traffic on Hopewell and Francis is already to great. There was an accident on Hopewell, about three blocks down where they want to put in the subdivision. A car was in the trees ... literally hanging in the trees off of Hopewell. The roads are too crowded already. 73 Homes is too crowded. It should just be one acre lots. The schools , its already been said , are too crowded. They are just trying to maximize the profit. Don 't really care about the community from what I can tell. They don 't care about the lake ... whether the lake is a cow pasture pond or whatever ... it doesn 't matter ... it 's still water and putting homes right on the edge of it ... that lake will be just a big green scum pond pretty quickly with the way things are with fertilizer and what not. So , please deny it. Thank you very much. Tim Becker, 15625 Canterbury Chase, Milton, Georgia 30004 Good evening council. Please deny this rezoning. It is ridiculous on its face. I want to give you a little bit of history tonight. The applicant previously came forward with a proposal in March of 2016. At that time , I created a flyer and I walked the neighborhood of Vickery Crest. I actually got lucky and engaged a few folks that were leading the charge against that applicat ion. They actually introduced me to a few folks at Brookshade and I was able to advise those residents and actually brought in a community advocate who now sits on council and she also helped advise those residents. They did a great job. They organized, and they organized again. They have come back even stronger but at the CZIM for that past hearing there were 60 people there which was a record and it sounds like the record was broken this time and there were 40 people at the public participation meeting even though the notification letter came one business day before the meet ing and that is something we need to change in our code because there is no notification in our code right now so they can get it out the day before. The neighborhoods were successful. They faced the developer down, but the fight was not over. You might remember that at that time , the CPAC was meeting .... that's the Comprehensive Plan Advisory Committee. We advised the residents that they needed to attend those committee meetings to ensure that the land use designation Regular Meeting of the Mi lton City Council Monday, November 19 , 20 18 at 6:00 pm Page 11 of38 which staff wanted to change remained the same .... that it remained agricultural. They showed up at those meetings and I showed up at those meetings ... multiple meetings and we advocated , and we won. So , the Comprehensive Land Use Plan reflects this is agricultural ... ok. Now, Mr. Scoggins said that h e sent some letters , but the applicant never showed up to a s ingle one of those meetings. They had multiple opportunities to s how up to those meetings ... they did not. They came in at the very end and said we object to this. So , that 's not the _way things should work in Milton. So , now they are back with an even more ridiculous proposal. The land use designation is agricultural. The zoning is AG-1 and that 's how it should be built out. Period. So , I'm going to tell the residents , they are going to win, and it is probably going to be a 7 to nothing vote. However, they should not be lulled into complacency. They need to think strategically . They need to think several moves ahead. They need to continue to show up because there are some on council that don 't want this to go to trial. They don 't want to see past bad legal precedents become manifest. They will urge compromise. They will send you trust to convince you to mediate. Don 't fall for it. Stand your ground. This property needs to be developed according to AG-1 zoning. Period. Council , please deny this . Please stand up for the good citizens ofBrookshade and Vickery Crest tonight and in the future. Thank you. Minna Levine, 520 Oakleaf Way, Milton, Georgia 30004 Good evening Mr. Mayor. Councilmembers, ladies and gentlemen. I agree on everything that was said to ..... not to let this development take place. First of all , there is no infrastructure to support this change. In addition , of course, we are to improve the quality of life for people and also safety and security for our people and I think these are very important issues when it comes to this development if we are going to add so many homes. In addition , for the education of our children, to keep the education level and not crowding households. We should take all these into consideration . Thank you very much. Mike Peresie, 12892 Donegal Lane, Milton, Georgia 30004 I live in Vickery Crest Subdivision in a parcel that is directly next to the lot in question , so I am a resident with legal standing. I was just echoing a couple of comments that staff made, and I just want to talk a little bit about the process . First and foremost , this is a bad plan. I think Mr. Scoggins made it clear from the beginning that he didn 't even have a builder. The only person present at most of the hearings that I attended were lawyers . We didn 't actually have anyone with a serious plan. Even the Regular Meeting of the Milton City Counci l Monday, November 19 , 2018 at 6:00 pm Page 12 of38 illustration that is up here for everybody to see is actually fictitious. Mr. Scoggins himself, acknowledges it is likely to change many times once they actually engage a builder which doesn 't really set any precedence for why this level of density is require or why the variances were requested. It is clearly just an attempt by the applicant and their attorney to intimidate the City with the threat of legal action. I think this will set a precedent, quite frankly , if the City caves , that will allow other developers to come in and make the same threat against the City. This plan is bad because it will clear-cut trees, require a cut-through of Vickery Crest. The plan doesn 't even adhere to the fire code as we understand it because there are too many homes with only one entrance in and out. I didn't hear that mentioned by staff but that 's something that was discussed. It will overcrowd our school. It will create a danger to the residents at Vickery Crest without having any access point besides through the neighborhood for 55 of the homes. Additionally, the body of water that is in this property feeds into other bodies of water throughout the city of Milton and there is a downstream flow from this body of water that will negatively impact the environmental area around the city . So, my ask for all of you is to recognize this is a bad plan, recognize this is an attempt by a lawyer to intimidate the city into a rezoning. Stand up for the citizens that are all here asking for your help and relying on you as our representatives and not only deny this request today but fight it all the way to the end. Don 't let a developer with a threat of a lawsuit intimidate the city. We are behind you. Thank you. Paula Korowin, 165 Oak.burst Leaf Drive, Milton, Georgia 30004 Good evening Mayor and council. I just wanted to comment ... really , two specifics. I think everyone is doing a great job of talking, and strategies. What I want to say is our biggest argument being made about taking our city to court is focused on the fact that the attorney is saying that there is a doughnut hole. He keeps talking about a doughnut hole of property surrounded by all these other zones . Those properties , the Brookshade and Vickery .... Those were rezoned before the City of Milton was in existence. I think that is a really important point. Just because something happened in the past doesn't mean you have to continue doing it in the future . We wanted to be a city, separate from Fulton County for a reason and it's a lot to do with the zoning ofR-1 so I don 't think that's going to stand up and that 's the threat that is being made. I just don 't think that is a reason to cave. The other thing I want to say is .... The concern I have about the sewer ... whatever deals were made back in the day ... if we were to allow that easement to come through and connect in Brookshade, it's going to happen. We are at the entrance of our neighborhood and my understanding is that you cannot have , Re g u lar Meetin g of th e Mi lton C ity Council Mond ay, November 19 , 20 18 at 6:00 pm Page 13 of38 like landscape and things in that area. It 's going to destroy in essence, the front of our neighborhood and anyone that is going to consider buying in our neighborhood ... it's going to be an eye sore and impact us negatively. So , I want you to think about those specifics in addition to all the other awesome points everyone is making. Thank you. Jessica Ramskogler, 12822 Donegal Lane, Milton, Georgia 30004 I have been a part of this process when it happened two years ago , and I have been to two of the four meetings. I was out of town but the fact that when we came in ... I think it was October 9th or 23 rd or something like that ... and the attorney basically started this session with describing how this was going to go to court if Milton declined the application and one of the things we brought the number of concerns and issues from both the Brookshade side and Vickery Crest side, which you are all aware of. One of the things that I asked him about is if this was declined two years ago , why are you positioning the same exact criteria again. I guess my concern in voicing my opposition, I don 't mean to be redundant ... I know others want to speak as well. But, I'm like .... How many times are we going to go through this process. The first time it was with a builder. This time it's just with the land owner himself. I don 't know how that will change things but it's a concern to continuall y have to go through this process and I think the speaker just before me mentioned about the AG-1 designation occurring before Milton became a city. It 's a va lid point but all of the homes along the perimeter of this property are one acre or more and when we brought this up as far as a concern in that October meeting ... we all were voicing the fact that if they were proposing the same type of land size, home size , so that esthetically it loo ks the same from Brookshade and all around , people would be more amenable to this application or request for development. But the fact that it is continually, habitually the lower the leve l of ..... I'm losing my train of thought .... Sorry . The fact that he sent out an email the few hours before the last meeting, before the planning committee voted, saying that he was making .. he had spoken with Mr. Su and they took all of our considerations or concerns into consideration and was going to modify their site plan ... and that was , I guess , blowing smoke, so a lot of people wouldn 't show up for that meeting potentially because those things were never submitted to my understanding , so any way .... That's all I'm going to say . Thank you for your time and y our service . Jeffrey Minnich, 12865 Donegal Lane, Milton, Georgia 30004 Council , good evening. I wanted to state my thoughts about the community and my fee lin gs in regards to that. You know , I am a proponent of the theory of keeping Regul ar Meeting of the Mi lto n City Cou nc il Monday, November 19, 2018 at 6:00 pm Page 14 of38 Milton rural and I think that 's why my family lives where we live today. I think I speak for many of the other families in the area. I actually grew up in Gwinnett County in the '80 's and that was just a travesty to what they did to the development in that area. If anyone has ever seen that or gone back there , it would be sad to see this area fall in that kind of distress that the overdevelopment happened in Gwinnett · County . Secondly, I like to talk about .... Or express my feelings in regard to the applicant and then "said" legal counsel. I question their sincerity and intention of what they want to do with that property and I don 't think they have been transparent and hon est with the homeowners aro und the area. And, lastly , I think it comes to safety and children that play in our neighborhood. I think that li ving on Donegal Lane, that would bring a bottleneck into a new development of 50+ homes. I think there are a lot of safety concerns. We all have children who play in the neighborhood in that area. It 's not just the residents .. also , the future residents ... the construction itself could be a disaster with contractors and so forth coming in. That's all I have. Thank yo u. Jeff Lutterman, 12922 Donegal Lane, Milton, Georgia 30004 Thank you, Mayor and City Councilmembers. As was said earli er, I was in attendance at many of the CPAC and the c lub meetings and I made a special effort to be an involved citizen during the Milton land use discussion. This plan requires the extension of sewer and as we know the extension of sewer is not permitted on the land u se map. This land is zo ned AG-1 and if developed the landowner should expect it to be developed as AG-1. That means one acre plus lot s. At first glance, one might look at this when we see the chart up th ere and the surrounding zoning designations and try to come up with a density conclu sion, however, if you look closer, you will see some important details . It was talked about earli er but, the adjacent parcels to Vickery Crest to this neighborhood are all over an acre, there are 5,000 square foot plus homes , they have three and four car garages. In no way is this plan concurrent to the surrounding hom es. The landowners currently access a bridge over a waterway that connects to Hopewell Road directly and as we discussed , 54 of these homes solely have to come through Vickery Crest and that is a ll construction vehicles for years to come. And, if you have not seen this property in person, the topography is very rolling, and I can't even imagine how much is going to go into having to grade and remove all the timber. And, like what was said also , the swim tennis area is right there , and we have tons of kids playing there everyday and it is a huge safety concern. I am not trying to be dramatic about that, but it is a le gitimate problem. There is a big hill that comes down and I can't even imagine we have tons of kids in our neighborhood and I am Regular Meeting of the Mi lt on City Council Monday, November I 9, 20 18 at 6:00 pm Page 15 of38 legitimately scared about that. One other thing worth noting, the Tommy Fuqua zoning to the south of Vickery Crest. They decided not to connect to the inter-parcel on that end of the neighborhood and they did that which created less of a burden on our neighborhood . And, they are directly connected to Hopewell Road. This doesn 't even attempt to do that. This plan, basically everything has to come through our neighborhood. Anyway , I don 't want to go on, I have many other note s but like we said, the city staff is against this, the Design Review Board is against this, the Planning Commission is against this, it is against the club, sewer extension, proposed density and all the access through Vickery Crest so I ask that you please deny this zoning. Sudie Gordon, City Clerk We have five public comment cards to speak, sorry six, and a minute and sixteen seconds left. Mayor Lockwood We may need to add some more time. Does the council want to , and I would ask the citizens to use that time wisely, but you know we can add five or ten minutes. Does the council want to do ten? Councilmember Kunz I make a motion to add ten more minutes to public comment. Councilmember Bentley Second Mayor Lockwood I have a motion and second, all in favor to add ten additional minutes , which will give each side a total of thirty minutes. All I favor please say aye. Any opposed? That is unanimous . Thank you for being patient in the audience. Joe Pella, 770 Hopewell Place Drive, Milton, GA 30004 Good evening, thank you for your time. I will begi n by saying that unfortunately this is the week of Thanksgiving otherwise I think there would be twice as many people in this room as there are today. We probably would have gone into midnight. My personal plea, I agree with everybody here , but I live on Hopewell Place Drive, which is the proposed entryway to the subdivision. When I bought my house two years ago , I Regular Meeting of the Milton City Cou nc il Monday, November 19 , 2018 at 6:00 pm Page 16 of38 never thought in my wi ld est dreams that there would be another 54 homes at the back of the subdivision based on the zoning, and at that time the Comprehensive Land Use plan that was going through the council. By using, in prior conversations where I think you have heard that the applicant h as provided essentiall y zero response to our concerns. We had talked to him about a second entrance or having a fu ll entrance off of Hopewell Place, I'm sorry , off of Hopewell, and not connecting it to Donegal , there . was lots of conversation around , well that is just not economically feasib le for us. And, I think he is , and I think they are taking the stance that this doesn 't have any impact on any other citize ns within the s urrounding communities and it does have a financial impact for us a nd most importantly has a safety impact for us as you have h eard earlier in speakers . So, I ask that you all kindly decline this zoning request and I appreciate your time. Thank you. Jennifer Pino, 175 Oak.burst Leaf Drive, Milton, GA 30004 In the back of my property , I have 1.4 1 acres in Brookshade, that touches this parcel. Prior to the formation of the City of Milton , Mr. Su owned the subject parcel as well as some of the surrounding parcels which now make up the adjacent neighborhoods of Brookshade and Vickery Crest. The property was AG-1 when it was purchased by Mr. Su and the land for Brookshade and V ic kery Crest were rezoned by Fulton County. After the Su 's purchased the property, but before the formation of the City of Milton , the applicanf s attorney has c la im ed that the app li cant has suffered a hardship being in a donut hole of AG-1 zoning surrounded by non AG-1 properties . When , in fact , it was his own actions that set in motion the selling, rezoning , and developing of the s urrounding parcels into non AG-1 neighborhoods. There was never a guarantee that the rezoning request wou ld ever be approved , and people should not purchase property based on an assumption that zoning can be changed. Further, any point made by the app li cant to say that they are trying to match the surrounding areas is a bogus claim. Brookshade and Vickery Crest were zoned with Fulton County. Brookshade is zoned R1A , R3A , and R4A. Whereas , that means they could legally develop lot sizes as small as .275 acres , however, the average lot size in Brookshade is .91 acres per lot. Similarly , there are increases in Vickery Crest over the bare minimum. Conversely , the app li cant has 4 7 acres on the subject property with much of that land being unbuildable due to the fact that there is a body of water, tributaries , stream buffers , etc. which will reduce the overall buildable area. On that reduced area, the app li cant is asking to build 73 homes whic h will be far below the actua l lot size of the neighboring communities. The negative effects from this rezoning wi ll most adverse ly affect the Regu lar Meet ing of th e M il ton City Co un ci l Monday, November 19, 20 18 at 6:00 pm Page 17 of38 adjacent neighborhoods ofBrookshade and Vickery Crest. The tree canopy bordering the Su property is rich with mature specimen trees and provides a home to a multitude of wildlife and serves as a natural buffer between parcels. Under the current proposal , vase clear cutting of the land would be necessary , not to mention the extension of sewer which would cut right through the Brookshade neighborhood and permanently and negatively alter the landscape near the entrance to our neighborhood directly across from our amenities . The previous application for rezoning on this property in 2016 , caused a homeowner in Brookshade to lose a contract to sell their home when the buyer learned of the application to rezone the adjacent Su property to high density . When the property finally sold to another buyer, which wasn 't until the rezoning application had been denied , the Brookshade seller lost $30 ,000 in value off the sale price of their home. If the applicant wanted to do what is best for the community, they would simply develop it according to the zoning standards that currently exist. The standards were reconfirmed upon the adoption of the revised CLUP in 2 016 . The parcel was the subject of much discussion and the planning commission made a clear choice to leave the AG-1 designation for this parcel as it stands at the gateway to Milton so there would not be contiguous non AG-1 zoning at the transition from Alpharetta into Milton . They had the foresight to know that if the land was zoned non AG-1 , the developers would use it as justification for higher density for the next parcel over, then the next , and the next. In closing, the idea of hardship for the owner is bogus because when their donut hole claim is a situation that was caused by their own actions which they previously benefited from. The real hardship is on the neighbors and citizens of Milton. The neighbors will lose a tree canopy, wildlife , privacy , they will suffer a direct negative impact on their natural waterways and the tributaries to the Cooper Sandy Creek system. They will negatively be affected in the aesthetic beauty and the property values of their neighborhoods . The citizens will have overcrowded schools , roads , and infrastructure while fighting an uphill battle against developers who look to increase density for their own personal gain using this rezoning as justification. Thank you. Mayor Lockwood Sudie, please call the next speaker. Regul ar Meetin g of the Mi lto n C ity Co un c il Mo nday, November 19, 20 18 at 6:00 pm Page 18 o f 38 City Clerk Gordon The next speaker is Don Hodson. Don Hodson, 782 Brookshade Parkway, Milton, GA 30004 Please reference the emai l that I sent to the city council requesting that this be denied . Mayor Lockwood Sudie, please call the next speaker. City C lerk Gordon The next speaker is Henry Linginfelte. Henry Linginfelte, 500 Oakleaf Way, Milton, GA 30004 C ity C lerk Gordon Then we have Sandra Linginfelte. Sandra Linginfelte, 500 Oakleaf Way, Milton, GA 30004 C ity Attorney Jarrard Mr. Mayor, it might be helpful at some point that we at least mirror what these individuals are saying because in the video , no one will know. Mayor Lockwood For the record , both of the last speakers stated that they are in opposition and agree with the previous speakers that are in opposition. Is that safe to say? Is that alright, Ken? C ity Attorney Jarrard Yes , Mr. Mayor, thank you. Mayor Lockwood Okay , Sudie is that. ... Regular Meeting of the Mi lton City Council Monday, November 19, 20 18 at 6:00 pm Page 19 of38 City Clerk Gordon I have 40 public comment cards to read into the record. Mayor Lockwood Okay, if you will read the name, address , and the opposition or. .... City Clerk Gordon These 40 individuals are here this evening and they did not want to speak but they wanted their comments, which are short, read into the record. Mayor Lockwood I will look to Ken for that. City Attorney Jarrard The only thing I would ask, Mr. Mayor, is that have the clerk read the name and maybe a show of hands to be recognized by the Mayor that, yes, that person is right there , go ahead and read it. That will help us. I want to make sure that we honor the notion that if we are going to read, then they need to actually be in attendance. Mayor Lockwood Okay, so I guess the question is to read the whole comment or just typically we will read the name and whether for or against. City Attorney Jarrard I believe , and Sudie check me on this , but I believe the way the rules read is that if they have written this down, we have to read .... Mayor Lockwood If they are present. City Clerk Gordon Yes. I do a spreadsheet of emails .... Mayor Lockwood Okay, typically on emails that is the way we do it. Regular Meeting of the Milton C ity Counci l Mond ay, November 19, 2018 at 6:00 pm Pa ge 20 of 38 City Clerk Gordon Yes , correct. Mayor Lockwood So , per our city attorney , if you would when your name and comments are read , will you please just raise your hand if you are in attendance. So , Sudie, I will let you go ahead and cal I the first one . City Clerk Gordon The first comment is from Walt Pirkle, 95 Oakhurst Leaf Drive , Milton , GA and his comment is higher density lots would decrease the value of the 138 homes in Brookshade. Next, we have Matt Edwards , 140 Oakhurst Leaf Drive, Milton, GA his comment is not in favor ofrezoning. Next, we have Lisa Wofford , 190 Oakhurst Leaf Drive, Milton, GA , her comment is I am against this item as contrary to CLUP , the whole reason Milton was estab li shed was to avoid this type of development. Represent your citizen's interest and deny this item. Next comment is from Randy Wofford , 190 Oakhurst Leaf Drive, Milton , GA , and he says , I am opposed to this rezoning request as it is in opposition to the CLUP and creates a horrible precedent for the future. This request must be denied. Next, is Brian Cellilli , 580 Hickory Oaks Court, Milton , GA, I am in opposition of this item. This would lead to over congestion in an already growing area and gateway into Milton and creates safety and environmental hazards , devalue the homes already in existence in the area, violate Milton founding principals and CLUP that was adopted to preserve rural character. Keep and develop as an AG-1 zoning. A win for all s id es without extremes. Thank you. Next, is Pam Bak, 215 Oakhurst Leaf Drive, Milton, GA , the rezoning violates the CLUP. This property is AEE, AG-1 and needs to remain so. High density is not Milton. Next is Ranadheer Palwai, 423 Woodcliff Place , Milton, GA , I wou ld strongly oppose rezoning ofRZ18- 13 /VC18-07. We would lik e it to be AG-1 zoning or it will create a lot more traffic in Vickery Crest Subdivis ion . Next, Doug Polkow, 180 Oakhurst Leaf Drive, Milton, GA, I am in opposition of the Su Dynasty rezoning proposition and ask that the Milton C ity Council not approve the rezoning request . Please maintain the AG-1 zoning for this parcel and maintain the AEE designation. Next, Tom Kapisit , 355 Oakhurst Leaf Drive, Milton , GA , I oppose the change in zoning. The plan vio lates the CLUP and does not fit with Milton community and the reason we live on lots availab le. Next, Nanette Hern1ann , 742 Brookshade Parkway , Milton , GA , If Milton approves contiguous zoning and sewer extension on what will be the first four parcels into Regular Meeting of the Mi lt on City Counci l Monday, November 19 , 20 18 at 6:00 pm Page 2 1 of 38 Milton, builders and developers will use that deci s ion as precedence for justifying future rezoning applications. This property needs to remain as AG-1 and not be changed to R3A. Next, Reddy Kallem , 755 Hopewell Place Drive, Milton, GA, I strongly oppose this rezoning . We would like to maintain AG-1. Big no to zero setback around lake and trails. Next, Grady Brown, 335 Oakhurst Leaf Drive , Milton, GA, the city promotes bucolic lifestyle with emphasis and care on planning. High density does not fit our founder 's vision of Milton. Please continue to do the right thing for the residents. Next, Timothy Quinn, 245 Oakhurst Leaf Drive, Milton, GA , if this agenda item is passed, it will devalue homes , increase traffic , and be an environmental disaster. Next, Karen Delp, 111 Shadecrest Court, Milton , GA, I am in opposition. Next, Steven Rybos , 219 Woodcliff Court, Milton, GA, I am opposed to this rezoning as it directly contradicts the established community plan. In addition , the construction and subsequent increase in traffic will negatively impact quality of life, safety and home value , my neighborhood and surrounding community. Next, William Anderson , 550 Hickory Oaks Court, Milton, GA , rezoning of this property to RZ3 is not appropriate or consistent with the city 's CLUP. Average lot size for Brookshade adjoining is .9 acres and was developed prior to the establishment of the city , yet larger lots were incorporated. Additional concerns include heavy increases in traffic , entering and exiting Hopewell Road, as well as a fertilizer runoff into Providence Lake. Next, Jim Herman , 742 Brookshade Parkway, per the Milton Herald on June 9 , 2018 , the planning commission identified criteria of protecting and conserving the rural feel , look, setting and character of Milton. Next, Babs Pirkle, 95 Oakhurst Leaf Drive, Milton, GA, please do not subject Brookshade and Vickery Crest to years of property achievement development and destruction . Honor your platforms and the covenant that you established within this city. You will be in violation. Next, Sean Leddy , 510 Oakleaf Way, Milton, GA, high density housing will diminish home values in Brookshade and Milton . Its approval would create a gateway for high density housing and would create a terrible precedent for other development. This is the reason I voted for the city to be created is to stop development of this nature. Next, Charles Piraneo, 721 Brookshade Parkway, Milton, GA , approval of this variance is as close to criminal liability for reasons of safety and congestion and stream setback. Two primary residential areas will be basically reduced in value . Milton will be the laughing stock of North Georgia. Professed green city while acting contrary to ideas professed by city. Next, Nixon Edward, 403 Woodcliff Place, Milton, GA, I strongly oppose this rezoning application. I would like to keep the current zoning of AG-1. Next, William Sims , 916 North Brookshade Parkway, Milton, GA , I would like to know who voted Regu lar Meeting of the Milton City Cou nci l Monday, November 19 , 20 18 at 6:00 pm Page 22 of38 yes to the original proposal. Next, Kathy Sims, 911 North Brookshade Parkway, Milton, GA, I am in opposition. Next, John Barber, 101 Shadecrest Court, Milton, GA, I am opposed. Next, Rick Bak, 215 Oakhurst Leaf Drive, Milton, GA, this rezoning violates the Milton CLUP which was established and approved after much research and study within the last couple of years. Also , this parcel needs to remain zoned as AG-I and AEE. Keeping the AEE description is equally important. Next, CJ Barber, 101 Shadecrest Court, Milton, GA, I am opposed. Next, David Lattes , 259 Woodcliff Court, Milton , GA, the latest attempts for this rezoning request do not address any of the concerns which have been previously voiced. The high density submission does not compare in home and lot sizes and features to Vickery Crest and Brookshade. It will negatively impact our property values. The escalating de-values are CLUP and conflicts with our city 's vision to respect rural heritage . Next, Jennifer Edman, 530 Oakhurst Way , Milton, GA, we are in opposition on the large number of proposed hom es. We moved to Milton for the greenspace and large yards. Don 't set this dangerous precedent you can 't come back from. Next, Judith Smith, 555 Oakleaf Way , Milton, GA, deny the zoning change and concurrent variance because higher density development on Hopewell Road would create safety environmental hazards that would not exist if the current zoning remains unchanged , decrease the value of every home in Brookshade and violate the founding principles of the city and CLUP that were adopted to preserve its rural character. Next, Linda Kruse-Larik , 545 Hickory Oaks Court , Milton , GA , I am opposed to the rezoning of the Su Dynasty property. The current zoning does not prevent development of this property; however, the current rezoning effort will cause detriment to property valu es of adjacent neighborhood as has already been demonstrated in the Brookshade neighborhood. Next, David La Ware, 802 Brookshade Parkway, Milton , GA , I think that this proposal is completely against th e city 's CLUP and as the third proposal from this property owner in as many years , a mockery of this process. A neighborhood would have been built by now had the owner just been reasonable this whole time . Next, Don and C laire McGuffey, 901 North Brookshade Parkway, Milton, GA , we oppose this rezoning request because it will diminish the value of our homes. The use of the Brookshade sewer system will be a burden on the existing system. The property used as is , zoned AG-1 , would not adversely impact Brookshade or the surrounding communities . Next, Dennis Coker, 792 Brookshade Parkway , Milton, GA, I do not support rezoning to R3A. I believe developing this area as AG-1 wou ld a strain on the roads in that area. It would be irresponsible to consider hi gher density zoning in this area of Milton. I look forward to voting for each member of the current city counci l in the next e lection . Next, Craig Regular Meeting of the Mi lton City Coun cil Monday, November 19 , 20 18 at 6:00 pm Page 23 of38 Lewis , 170 Oakhurst Leaf Drive, Milton, GA, this rezoning request is in opposition to the comprehensive land use plan, there is no reason to approve it. Next, Tom Osbourne, 711 Brookshade Parkway , Milton, GA, we moved here fourteen years ago for nice lot sized houses. We do not believe this should change. We do not want our beautiful neighborhood to drastically change. Next, Jacqueline Leddy , 510 Oakleaf Way , Milton, GA , I am in opposition of the rezoning. Next, Marcia McLartin, 140 Highland Oaks Court, Milton, GA , I believe granting a change of zoning will be a burden to the two neighborhoods adjoining the property. Also, anything could be built on this property after a rezoning with no developer now interested. We are opening the door to changing the rural area. And, that is all I have for the individuals that are here. I do have .... Mayor Lockwood Let me ask, Ken , for procedure since this is not typical that we have had this many comment cards read into the record for people who are in the audience. Will that go towards the time or ... City Attorney Jarrard It should go towards the time. Mayor Lockwood Ok, I don 't believe we did that but let's just keep that in mind. City Attorney Jarrard At minimal , I believe the applicant has about 23:55 left ... Sudie Gordon Exactly. City Attorney Jarrard We will need to factor that in as well. Mayor Lockwood Ok, but I'm thinking more on ... as far as .... So that would have ... I guess there was ... what ... five minutes left on those that were in opposition. So , we would have to add in approximate time of whatever. Ok. I guess my point is that may have eaten up Regular Meeting of the Milton City Counci l Monday, November 19 , 2018 at 6:00 pm Page 24 of38 ..... that time so we don 't have any more in opposition. We don't need to add any more time. City Attorney Jarrard That is correct. Sudie Gordon We do have two to read. They gave me affidavits and they are out of town and they would like me to read there .... Mayor Lockwood Ok. Sudie Gordon I do have just a spreadsheet with the name, address and position that's very short of names that were emailed. So , the first one, I am in possession of an affidavit from Mrs . Baldwin stating that she is outside of Milton 's jurisdiction and would like her email to read into the record. TinaMarie Baldwin, 330 Oakhurst Leaf Drive, Milton, Georgia 30004 In advance of tonight's meeting , I want to request that you deny the zoning modification in regards to RZ18-13NC18-07 13090 Hopewell Road Kai Chiang Su Dynasty. This property , on the west side of Hopewell Rd , bordering Vickery Crest to the south and Brookshade to the North, has been the subject of rezoning applications requesting variances for higher density twice in the last few years, with the rezoning being denied both times. Unfortunately, this latest attempt does NOT address any of the concerns which previously led to the denials and furthermore suggests a development that is disrespectful in its irreverence of Milton 's Community Land Use Plan (CLUP). Here are some of the concerns of rezoning this property from AG-I standards (1 home per acre) to high density: Exponentially more children at already crowded schools, doubling or more the number of families that could occupy the land . Entrance from Vickery Crest neighborhood instead of Hopewell Road , putting undue burden on the Vickery Crest neighborhood residents and infrastructure. Safety hazards and inconvenience from construction trucks through the existing neighborhood of Vickery Crest. Regular Meeting of the Milton City Council Monday , November 19 , 2018 at 6:00 pm Page 25 of38 Traffic/safety concerns of exponentially more cars in the Vickery Crest neighborhood , Hopewell Rd, and already dangerous intersection at Vaughan Rd & Hopewell AND Vaughan Rd &Hwy 9. Environmental impact of higher density clearcutting on a rural designated landscape . Preservation of tree canopy , natural buffer between neighborhoods . Endangering wildlife through clearcutting . Respect for natural waterway, stream buffers , grading, water runoff and mitigating drainage concerns. CLUP prohibition of sewer extension. Tapping into Brookshade's old Fulton County sewer easement would cause the 20 ft wide easement to be clear-cut (and would have to stay that way) from the 3rd house in, all the way through the lush , mature , natural landscape to Mr. Su's property which would negatively affect the individual property owner as well as diminish the value of our entire neighborhood. Maintenance of the rural viewshed . Similar characteristics, home and lot sizes and neighborhood features as surrounding neighborhoods , Vickery Crest and Brookshade, i.e. 3500-4500 sf homes on a basement, average .9 acres per home in Brookshade, 3 car garage, heavily landscaped , preservation of natural tree canopy for buffer between lots and neighborhoods , sidewalks , streetlights , amenity package: swim , lighted tennis courts , walking trail , playground, clubhouse . Anything less than comparable will negatively impact property values for both adjacent neighborhoods. Brookshade owners were negatively affected in 2016 via a $30 ,000 loss of value during one of the two previous rezoning requests for this property. Unless the community concerns, including but not limited to those mentioned above, are found to be resolved AND improved over the AG-1 standard, then any rezoning request should not even be considered . To do otherwise would be to devalue the City of Milton CLUP and the years of work which citizens put into the process , which resulted in a benchmark of standards for our city which the community firmly stands behind. If the applicant wants to develop the property, they can do so without any rezoning whatsoever by developing according to current AG-1 standards. If the city wishes to make overriding changes to our zoning laws , then the CLUP should be changed so that extreme zoning variances such as those being requested by the applicant are not necessary. Please deny the variance for this parcel. Thank you for your attention to this matter. Reg ul ar Meet ing of the Milton C ity Cou nci l Monday , November 19, 2018 at 6:00 pm Page 26 of38 And the next emai l is fro m Mr. Sc hmi dt and I am in possession of an Affidav it attesti n g that he is outside of M ilton's jurisd iction. H e resides at 862 N . Brook shade P arkway , Milton , Georgia 3 0 004. Rich S chmidt, 862 N. Brookshade Pa rkway, M ilton , Ge orgia 3 0004 Unfortunately, I will be out of town next Monday. The consideration of this matter during a major ho liday week is disappointing . I wou ld certainly like to be at the council meeting to express my views, if I could. On this particular track, with a large existing lake and natural waterways, approval of the rezoning request as presented would be a travesty , And it would be clearly contrary to the CLUP at face value, and break the trust of many Mi lton residents who have supported and worked on CLUP to ensure responsib le land development consistent with what Milton stands for and represents. A significant portion of this 47-acre track is unbuild-able. So, 73 single family lots on what is actually build-able represents significantly more development density , completely inconsistent with the surrounding development and neighborhoods. It would represent an island of much higher density development, with complete clear cutting of the land , dramatically reduced buffers , and eliminating stream setbacks entirely (??), on top of it all. I am not opposed to respo n sib le development. But this rezoning request gives essentially no consideration to the substantial negative impact to the surrounding neighborhoods and their property. It does not even try to represent good stewardship of the land on this track. And what I understand , this remaining track "island" was the result of Su Dynasty's choosing. There are many other ways t hat it could be deve loped reasonably and appropriately. Or preserved. This app lication's variances and R-3A rezoning is not one of them. I am a long time , 18-year resident of what is now Milton. I am proud to live in a community with appropriate land and development planning management. Approving this rezoning would be completely contrary to th at. Thank you. S ud ie Gordon And , I have a list of names , address and position which are emails that were sent to me. I am go ing to read those : Ran dy and Lisa Wofford 190 Oakhurst Leaf D rive, M ilton , GA 30004 Re g ular Meetin g o f th e Milton C ity Council Monday, Novemb er 19 , 2 018 at 6 :00 pm Page 27 of 3 8 101 Shadecre st Court , Milton, GA 30004 - CJ and John Barber Opposition 165 Oakhurst Leaf Dri ve, Milton, GA 30004 - Bryce A. Korowin Oppo sition 570 Hickory Oaks Court, Milton, GA 30004 - Meredith and Josh Avren Opposition 105 Highland Oaks Court, Milton , GA 30004 - Ph ylli s Caudle Opposition 2 90 Oakhurst Leaf Dri ve, Milton , GA 30004 - Mindi Lewis Opposition 175 Oakhurst Leaf Dri ve, Milton, GA 30004 - Jennifer Pino Opposition 762 Brooks hade Parkway, Milton, GA 30004 - Daniel & Brook Gray Opposition That is all I have ... so there is 23 minute s and 55 seconds left for the support and looks like 27 seconds in opposition. May or Lockwood W e'll allow those in support for rebuttal , if any . Joshua Scoggins I don 't think anything I will get up here and say is going to change anything . I just wanted to make sure the council is aware that I did tender an Ante Litem notice to your attorney this afternoon and that the comment made by some neighbor that we hav e been constantly threatening the city with litigation ov er thi s .... That's not true . We hav en't made an y such threats , so we w ill just act accordingly. Thank you . Mayor Lockwood Any more in support ? Sudie Gordon No , sir. Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 28 of38 Mayor Lockwood If not, I will close the public hearing. And , open it up for questions or comments. Councilmember Bentley Mayor, this parcel is designated as agricultural equestrian estate in the comprehensive plan which was updated in 2016. This application is inconsistent with that comprehensive plan. The applicant's lot sizes are not consistent with neighboring subdivisions. This site is not included in the Fulton County sewer service agreement. I cannot support this request for sewer extension and therefore, oppose this rezoning. Obviously , the community is opposed. Our Planning Commission has recommended denial. Staff has identified many defects in this application and also recommends denial. Therefore, at this point in this hearing, I would like to make a motion to deny RZl 8-13 to rezone from AG-I Agricultural to R3-A Single Family Residential to withdraw VC 18-07 Part 1 and to deny VC 18-07 Part II. Councilmember Jamison Second. Mayor Lockwood Okay , I have a motion and a second. Obviously , no one else had a chance to speak. We can have discussion in between us but I have a motion for denial from Councilmember Bentley with a second from Councilmember Jamison and I will open it up for any discussion. City Attorney Jarrard Mayor, may I have a point of order very quickly? Councilmember Bentley , I would like you to think about this with respect to your motion, would you consider adding to that motion if this is your intent to also deny the ancillary request for sewer extension which is part of the agenda item. Councilmember Bentley Absolutely. Mayor Lockwood I think we need to withdraw the second and then if you want to add that to your motion. Councilmember Bentley Do you want me to read the whole ... ? City Attorney Jarrard Just say you have restated plus adding the denial which I assume is what you intend to do of the request for sewer extension. Councilmember Bentley I would also like to deny the request by the applicant for sewer extension regarding this rezorung. Regular Meeting of the Milton City Council Monday , November 19 , 2018 at 6 :00 pm Page 29 of38 Councilmember Jamison Second. City Attorney Jarrard Thank you. Mayor Lockwood So , I have an amended motion for denial with also a request for denial of sewer extension by councilmember Bentley and a second from Councilmember Jamison. Okay , any discussion? Matt you had something and then Joe. Councilmember Kunz From a zoning perspective , the way I see things is that the laws are written in black and white and there is a spirit of laws which is intended in the interpretation of that from a municipal standpoint by those in power at any given time. I just don 't see this making it on any of those. So , it strikes out on all three , so I agree with you on that. I can 't support that. Councilmember Longoria So , Carter, real quick , when you look at the map , so let's just pretend for a second that nobody lives anywhere. The map is just the map and we have identified certain areas certain ways. All around this particular AG-1 property, nothing is zoned AG-1 except for the parcel that is directly across the street. Is that correct? Carter Lucas So , say you've got this parcel , the five or six parcels across the street, the parcel just to the south of this, I think it is a three-acre parcel , and then one more couple oflots down would be AG-1. Councilmember Longoria So , when I look at the map on page four of the presentation that you guys sent us , and I look smack dab in the middle , I see the subject property , it has a body of water on it. Across the street , there is some AG-1 , so I can see that continuity there, but for the most part everywhere else around this is not AG-1 , yet in your, in the staffs recommendation, you said that this was not conducive to the surrounding developments. Carter Lucas From a lot size standpoint, so the lots are significantly smaller. Councilmember Longoria So , I just want to understand that the rationale had to do with lot sizes , it didn 't have to do with zonmg . Carter Lucas Right , so if you look on what I have up now is the GIS on your screen you can see not only the parcel in question , so this lighter color represents the AG-1 both on this parcel , these are the two Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 30 of38 lots just south of it and the lots across the street. So , you can see just separated by Brookshade the rest of the AG-1 of the southern . Councilmember Longoria Yes , you have to zoom back a little bit to see this in complete context is my point. Okay , thank you. I wanted to ask some questions of the petitioner as well. Mr. Scoggins. Mayor Lockwood ken, we have a motion and a second is this appropriate or not? City Attorney Jarrard It is , this was during the discussion. We sort of short circuited the typical discussion where you could have asked questions , but I have no problem with them occurring right now. Councilmember Longoria I don 't want to do anything wrong, but I didn 't think there would be a problem here . You stated earlier that you represent both the landowner and the developer. joshua Scoggins It is the same . Councilmember Longoria Yes , so the landowner is intending on developing the property? Joshua Scoggins No , it is just that the landowner has petitioned for the rezoning and I know that in a lot of these context, people view the developer separate from the property owner and in this case , it is all one in the same entity for purposes of rezoning. Councilmember Longoria I am going to ask you a couple of more questions related to the process that you hav e gone through to get here. About how many different community meetings did you have with the surrounding property owners? Joshua Scoggins On this particular application we had all of the meetings required by the city which would be the CZIM meeting and one public participation meeting. I requested that the Planning Commission defer its decision to give us time to amend the plan and try to address some of the concerns and the planning commission refused . So , at that point, they made their motion to recommend denial and send it forward to you and I have been doing this long enough to know that when we can 't get a postponement to get time to fix the plan , that is where the planning commission stood. Councilmember Longoria So , you really didn 't want to be here? You wanted to do something else to the plan ? Regular Meeting of the Milton City Council Monday, November 19, 2018 at 6 :00 pm Page 31 of 38 Joshua Scoggins We were trying to get it postponed; to get the planning commission to look at different options for the plan, we were denied that opportunity and I believe some people here were saying that is just smoke and mirrors , you just didn't want anyone to come to the planning commission meeting. I don't care how many people come to the planning commission meeting. Well, basically, my recollection of the conversation is that these people are already spending a lot of time coming to all these meetings which are mandated by the city. I haven 't had any meetings that weren't mandated by the city. And , we are tired of wasting people's time, so we are not going to grant that postponement. Councilmember Longoria You could ask for a deferral from us. We are not obligated to follow what the planning commission says the same way we are not required to follow recommendations from the city staff. Joshua Scoggins I think 90% of the comments I have heard tonight reference develop this under the agricultural zoning classification. That we cannot agree to do. So , as far as tweaking lot sizes and all of that, that is fine, but I am not sure it is going to change the perception of anyone in this room behind me. Councilmember Longoria Yes , and you are sort of getting to a point that I was going to make. And, it is unfortunate because the reality is the Su family is a citizen the same way as anybody else in the audience is. Joshua Scoggins Exactly. Councilmember Longoria And, we need to treat them with the same level of respect, take their concerns and requests seriously and so I see that we shouldn 't short change anybody in this process. We shouldn't short change the property owners , we shouldn't short change their neighbors , we shouldn't short change anyone. But, what I wanted to point out, you know this just as well as anybody else, this isn 't about zoning. This isn't about the sewer, access to the sewer, although I 've got to give the Su 's credit for looking that far into the future and knowing they had to do certain things if they wanted to get certain things done . I think we are sort of past the point of digging into that piece because what I wanted to tell you is that this is all about some kind of a vision for land use. It doesn 't matter if it is zoned AG-1 or it is zoned R3 or whatever. It is a requirement of the developer to share an idea and a concept and a vision that they have for a piece of property. And, that gets a certain number of people to understand what you are trying to do , and it gets a certain number of people at least behind the idea. What struck me most peculiar about this whole thing , I think you had one person other than the property owner in support of what you are proposing. I've never seen that. I mean sometimes it is pretty ugly , sometimes it is only like one Regular Meeting of the Milton City Counci l Monday, November 19 , 2018 at 6:00 pm Page 32 of38 person in support for every four people that are against. Or maybe it is even one for one. I 've never seen it one to 80. Joshua Scoggins I have. Councilmember Longoria I 'm sorry about that. I guess what I was going to tell you is had there been a littl e bit more vision in terms of what was trying to be done , if the vision could have incorporated some of the feedback that you got from your neighbors this might have been a littl e bit different discussion. But, on the face of it , looks to me like, and I don 't know who set us on this course , we could say that it was the planning commissio n by not all owing you to defer but the reality is that there look s like there has been very little give and take between the property owner, the deve loper, and the community that surrounds this. And , I wish we could have seen that. So , because of that it is yery difficult to support the idea and that was rea ll y the point I wanted to make is that if there had been a li ttle bit more discussion and sharing I maybe could have gotten three peop le to come up and speak for you. But, that is a ll I have . Councilmember Mohrig I have a question for Carter. When we read the req uest , it said that they wanted to connect, I think it was like almost 54 homes to Donegal Lane. Is this something that we would look into the future as well as this, is this something we ever intended or was intended for Donegal Lane or was that supposed to be an interior row just for Vickery Crest. Carter Lucas We ll , Donegal Lane was stepped ou t to the property li ne which would make you believe that at some point it was intended to connect to the adjoining property. In this particular case , the issue that we have is primarily related to the fire department access and the requirement for th em to have two access points as opposed to one sin gle point. And, so that is what makes Donegal Lane a very difficult connection. When you are connecting more than 30 lots to a single point of entry and also have a connection out to Hopewell Road . Councilmember Mohrig Yes , I think that wou ld be an issue because it is the very back and you have a larger theoretically a larger portion of that other subdivision where you would have to drive all the way through to get to that. Carter Lucas T hat is correct. Councilmember Mohrig I won't spend a lot of time , I will just say that looking at everything and listening to the input, I am not in support of this either. Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 33 of38 Mayor Lockwood Okay, anybody else? I would just like to say obviously you know the property owner has rights too , but you know the density and also the sewer is a big issue for me where I couldn 't support this having to add sewer as well as the density so Matt. Councilmember Kunz Yes , I think and going back to my points as well too. When we have something that comes before us and I totally agree with what both Joe's are saying, you know when we have our comprehensive plan and it is AG-1 , there is the spirit of that we are hoping to achieve. And , we became a city for the reality that we can actually look and direct development in the way that we think is best for our citizens . The thing is that those who live next to the property have an expectation and understand what that is as well , you know , we were hoping to see some kind of an effort or attempt, even a soil perk test , under the existing plan and we never saw that. And , I don 't think the planning commission had any hint that was even going to come. So, from that perspective where we are , you know, we want us all to be good neighbors and there is obviously some questions about what that looks like from time to time especially with the spirit of the law as intended . The spirit oflaw wasn't intended ; we didn 't even see a soil perk test for existing zoning that we currently have. And , for those residents that have an expectation of that , you know, we have to, in my mind , I have to vote to make sure that our people know what that spirit is. So , when I say that I didn 't see any of that here , and that is why. It is a real simple step that could have been done to show something and we didn 't see any of that. Mayor Lockwood Okay, ifl don 't have anything else , we have motion and a second for denial as read into the record. All in favor , please say aye. Any opposed ? So , that passes unanimously. Motion and Vote: Councilmember Bentley moved to deny RZ18-13 , to rezone from AG-1 (Agricultural) to R-3A (Single Family), to withdrawVC 18-07 Part 1 and to deny VC 18-03 Part 2. Councilmember Jamison seconded the Motion. Councilmember Jamison withdrew his second. Amended Motion and Vote: Councilmember Bentley -Motion to deny RZ 18-13, to rezone from AG-1 (Agricultural) to R-3A (Single Family), to withdraw VC 18-07 Part 1 and to deny VC 18-03 Part 2 and deny the request by the applicant for sewer extension. Councilmember Jamison seconded the Motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, November 19 , 2 018 at 6 :00 pm Page 34 of38 2. ZM18-03 -Park at Bethany-Northeast corner of Bethany Bend and Cogburn Road containing 9.09 acres in 2/2 , Land Lot 832 by Stanley Martin Homes to request a Zoning Modification for the following: Request to modify conditions 3(g) and 3(h) ofRZ13-16 to reduce the following setbacks : 1) A reduction of the side setback adjacent to the street on lots 15 and 23 from 10 feet to 8 feet (Condition 3g). 2) A reduction of the side setbacks on front entry lots 15 through 26 from 7 feet to 6 feet (Condition 3h). (Agenda Item No. 18-306) (First Presentation at N ovember 5, 2 01 8 City Co un c il Mee ting) (Carter Lu cas , Assistant C ity Mana ger) Motion and Vote: Councilmember Longoria moved to allow WITHDRAW AL by the applicant of Agenda Item No. 18-306. Councilmember Mohrig seconded the motion . The motion passed ( 6-1 ). Councilmember Bentley was in opposition. UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of a Resolution Adopting the 2019 City of Milton City Council Regular Meeting and Work Session Schedule. RESOLUTION NO. 18-11-492 (Agenda Item No. 18-315) (Sudie Gordon, C ity Clerk) Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 18-315. Councilmember Kunz seconded the motion . The motion passed (7-0). 2. Consideration of the Removal of Allegiance Sanitation from the List of Approved Solid Waste Haulers for the City of Milton Due to Non-Compliance with the Ordinance. (Agenda Item No. 18-316) (B ernadett e Harvill, Fin ance Director) Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6:00 pm Page 35 of38 Motion and Vote: Councilmember Kunz moved to remove Allegiance Sanitation from the list of approved waste haulers due to non-compliance with the City 's Ordinance and per staff's recommendation allow Allegiance to continue service through December 31 , 2018 but have no further rights after this date. Councilmember Bentley seconded the Motion. The motion passed (7-0). ***(See Clarification Motion in December 3, 2018 Action Minutes)*** 3. Consideration of a Resolution Declaring the Results of the November 6, 2018 Election. RESOLUTION NO.18-11-493 (Agenda Item No. 18-317) (K en Jarrard, City Attorney) Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 18-317 . Councilmember Mohrig seconded the motion. The motion passed (7-0). MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Police 2. Information Technology 3. Parks and Recreation Rich Austin, Police Chief Greetings Mayor , members of council. In overview of our accidents , we are holding steady . We are down 1 % from this time last year which is pretty accurate especially based on all the construction we have had recently ... increase in traffic . Still working our high crash zones. We are down 3% overall in Part I crime so we are in good shape to bottom out our numbers from last year if we stay diligent which we have a holiday plan set for that ... it's one of our shopping areas, those kinds of things just to keep our crime rate down. So, hopefully we will come in under, again, for 2018. A few community events and department happenings I would like to share with you. On October 19 th , Officer Laguardy graduated from the Fulton County Public Safety Academy and she won the scholastic award for her class . So , we are very pleased to have her ... she is out in training now . Also, we have, as far as community events , back on the 27 th ... we had a great time partnering with several local businesses for trunk-or-treat over at the Target shopping center and there were 1 00 's of kids. We gave out candy , stickers and just made some really good contacts with the community out there. So , that was a great event. We plan on having that event and participating in that event again in the future . On November 9th, we held a graduation for 16 people in our 9th Police Citizen 's Academy so we are very happy with the turnout there . It was a very Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6 :00 pm Page 36 of38 engaged group. They had a wonderful time and we had a great time engaging with them. November 10 1\ we had coffee with a cop in conjunction with the Veteran 's breakfast . We were able to interact a lot with our veteran's community that day so that was a really good event and we will s,ee about doing that again next year in conjunction with that event. Of course , we had the volunteer dinner. We had four of our police volunteers at the dinner. They all indicated they had a great time and very much appreciated that event. Mayor Lockwood Do you have any questions for the Police Chief? Ok , thanks Chief Austin. David Frizzell, Information Technology Good evening Mayor and council. So , this is the year of IT which I'm sure you 've all heard numerous times. In our current infrastructure project ... is well underway. We started with InterDev ... the y have a full team working to improve everything about infrastructure and their goal is to provide more efficient and effective technologies for staff which will in turn improve service for our citizens at large. We are taking steps to make sure that the data is safe too. It 's not just a matter of moving things around , buying a computer and all that .... We just want to make sure our data is safe , and we want to make sure that our processes run properly . You know, we take in the overall perspective of business continuity, performance and also disaster recovery shou ld that ever occur so with those things in mind ... uh .... We have a ways to go ... uh ... so the rest of the year is going to be primarily focused on getting that new infrastructure in place and then of course we will have new projects to kick off the new year as well. We will have the AT&T Firstnet which was approved tonight which will improve cell phone priority service for our first responders and critical employees. We also start our first phase of moving out of the Deerfield facility by transferring some of our infrastructure ... our band width , our internet .. to City Hall here where it will reside in a more .... I'm just not doing well with words tonight. Things are going to be better. Lots of stuff, lots of irons in the fire. We have a good team put together and we are really looking forward to what we can show you. Got any questions ? Jim Cregge, Parks and Recreation Director Good evening Mayor and Council. In the interest of this late hour, I will try to be brief. First of all , on behalf of the Parks & Recreation Advisory Board , thank you all for meeting with us this past Wednesday. They were all very excited to be able to complete the task that was given to them several months before and multiple comments about how much they appreciated the engagement of all of you so thank you , thank you very much. Just a couple quick things . We are members of the Georgia Recreation Parks Association . We are divided into seven districts . We are in District Seven and for the third year in a row , volunteers here in the City of Milton earned the District Seven Volunteer of the Year Award . In this case , it was given to Beth Wilson and Stephanie Mynat who picked up and ran the Milton Mustang 's Swim Team for us . I was very proud and once again we were able to spoof them into coming out, not knowing or telling them of the real reason why they were coming out to be receiving awards . That was a lot of fun. Fall programming is just about done. Baseball season is completely over. We just had a football tournament at Bell Memorial Park this past weekend and just about every football team is done. Tim Lester 's team Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6:00 pm Page 37 of38 is still playing on. They are advancing in playoffs. On December 1st and 2 nd , which is the same time we are having one of our Christmas in Crabapple opportunities, will once again be the annual Merry Laxmas Tournament which teams can either play 7 on 7 , where you tum the field sideways and you have 3 games going in each field. So, you have 6 games going simultaneously. It is organized chaos and is a lot of fun. So , if you want to come out and check it out .... I would appreciate it if you would do that. Thank you for approving some of the most recent projects. We have received $300,000 in grants this year from the National Parks Service, Department of Natural Resources and we will be starting immediately working on getting those projects done . Of course, they are co-founded .... Co-matched rather ..... with funds from the City. I also want to let you know that we are still pursuing other grants. Tom McKlveen found an opportunity through the USTA to try and get some funding to resurface the tennis courts over at the Milton Country Club so depending on what happens there. Three more things quickly. Basketball, you all have heard me tell the story, for Carol 's benefit, I will make it brief. The first year we had basketball we had 54 kids. The second year 108 kids. The year after 187. Then this past year, we had 330 kids. I realized the growth was coming and reached out to Summit Hill and they 've opened up their gymnasium to us. We are now over 400 kids registered in basketball. We are able to split out and have separate girl 's teams . Basketball is now the second largest program here in the City. All without a community center. Imagine what I could do if we had a community center. Not that I'm trying to twist that at all. Ok. I know Steve wants to talk to me now after the meeting. We are working on some innovative and different ideas. Baseball is growing by leaps and bounds . We are going to top this in calendar 2019 .... We are going to top 1,000 kids in baseball and very excited to let you know. Steve , I don 't think I had a chance to tell you yet, but we got a contract back from the Birmingham United Methodist Church and we are going to be working out a lease arrangement. I'll be bringing that contract to you folks in the first meeting in December. There is one last think I have to ask your help on something. We are here at the end of November. There has been a lot of work on the Milton Country Club and what we are going to do there. There are a couple of decisions that need to be made probably sooner than those response results will come back. Specifically, are we going to continue with the swim team, with the pool and with tennis for this coming year? There are many people impacted. We proved that this past year and if we are going to be moving with the swim team, we need to make some decisions fairly soon so that they in turn can notify their people because the sign-ups for swim team happens in January if not late December. I am respectfully requesting each of you to speak to Mr. Krokoff and give us some guidance here. Steve Krokoff Yes, we haven 't announced to them to make any decisions .. so that's kind of a surprise so we will be talking and get moving on that. Jim Cregge Yea, the time is very short for us to make that decision. Ok. That's all I got. Thank you. Regular Meeting of the Milton City Council Monday, November 19 , 2018 at 6:00 pm Page 38 of38 EXECUTIVE SESSION Moti~n and Vote: Councilmember Mohrig moved to go into Executive Session to discuss land acquisition at 8:53 p.m . Councilmember Bentley seconded the motion. The motion passed (7-0). · RECONVENE Motion and Vote: Councilmember Mohrig moved to reconvene the Regular Meeting at 9 :31 p.m. ·Councilmember Longoria seconded the motion . The motion passed (7-0). ADJOURNMENT (Agenda Item No. 18-318) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 9:32 p.m. Councilmember Longoria seconded the motion. The motion passed (7-0). Date Approved: February 20 , 2019