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