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HomeMy WebLinkAboutMinutes - CC - 10/21/2019Regular Meeting of the Milton City Council Monday, October 2 1, 20 19 at 6:00 pm Page 45 of 45 Date Approved: November 18 , 2019 45 Jo e Loif<woo Regu lar Meeting of the Milton City Council Monday, October 21 , 20 19 at 6 :00 pm Page 44 of 45 Mayor Lockwood: Any questions? Thank you . Bernadette: Thank you. 44 Mayor Lockwood: Now, if we could move on to -do I have a motion to adjourn into executive session to discuss land acquisition? EXECUTIVE SESSION (Land Acquisition) Rick: Matt: Mayor Lockwood: Council members: Mayor Lockwood: So moved Second. I have a motion from Councilmember Mohrig and a second from Councilmember Kunz. All in favor please say "aye." Aye. That's unanimous. Co uncilmember Mohrig moved to go into Executive Session to discuss land acquisition at 7:29 p.m. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Cookerly was absent from the meeting. RECONVENE Mo tio n a nd Vote: Councilmember Kunz moved to reconvene the Regular Meeting at 7:43 p.m. Councilmember Jamison seconded the motion. The motion passed (5-0). Councilmembers Cookerly and Mohrig were absent from the meeting. ADJOURNMENT Mo tion an d V ote: Councilmember Jan1ison moved to adjourn the Regular Meet ing at 7:45 p.m. Councilmember Longoria seconded the motion . The motion passed (6-0). Councilmembers Cookerly and Mohrig were absent from the meeting. Regular Meeting of the Milton City Council Monday, October 2 1, 2019 at 6:00 pm 43 Page 43 of 45 14 ,000 pounds of latex paint, over 1400 pounds of oil-based paint, and 750 pounds of pesticides and over 450 pounds of single-use batteries on a single day. I do not know why people paint so much on their houses. Rivers Alive ev ent that was scheduled for this Saturday -this event was canceled because of the rain , and we plan to reschedule this event in the nex t coming weeks . Thank you. Mayor Lockwood: Thank you, Parag. Parag: An y questions ? Mayor Lockwood: Any questions for Parag ? Thank you. Finance? You don 't have to -step up. You 're here. Finance Bernadette: I know we 've heard a lot from Finance over the last few months with the budget being in place and the millage rates. So , I will just go over a few brief things . As September has come to a close , so has our fiscal year. So , we are working on preparing the books for the audit , going over all of our final reconciliations . There 'll be no financial statements for September, as those are part of the coffer that 's you 'll see towards March. We have our supplemental bills out for all of our appeals . We have our refunds up to date . All current supplementals that are not already possibly past due will be due on December 2nd along with the 2019 bills. We 've been working diligentl y with any residents who may have any questions about the new exemptions or their tax bills. And we 've been recei ving a lot of good feedback. I haven 't had anyone really upset this year. We have our alcohol beverage license annual renewals out, and they 'll be due on November 15 th . And then lastl y, we 're just working on some enhancements to our long-term planning and our financial impact of department requests through the budget. So , we 're looking to bring you some even more transparency and further information regarding any budget requests coming in the future. Regu lar Meeting of the Milton City Council Monday , October 2 1, 2019 at 6:00 pm 42 Page 42 of 45 you guys . If we could get Community Development -Parag . STAFF REPORTS Depa rtm ent U pd ates Parag: 1. Community Deve lopment I did have my two pages. I just want to give you brief highlights of the variou s projects , which are going on in the department. Update on the tree preservation ordinance -so , on November 7111, 2019 , we have scheduled a joint meeting of the Planning Commission and the Citizens Stakeholders Committee to discuss the draft of the ordinance and to achieve consensus before we come to the City Council. So , as you know , our department first worked for around four months with the Citizen 's Stakeholders Committee. And this committee finally voted to approve the ordinance in July . Then, we started working with the Planning Commission. We have worked with the Planning Commission for around three months now . So , both these bodies are in consensus on the majority of the things , but there are some issues , which we would like to discuss further. So , we will be having this joint meeting on November 7 , and then we will be presenting it to the City Council. The Trai l Master Plan -the next Citizens Advisory Committee meeting is on November 6th . We also had a site visit scheduled with the committee members last month , and we basicall y drove around Crabapple and Deerfield area just to show them the various proposed trails , which they are proposing to be a part of the Trai l Master Plan. Equestrian Friendly Practices -our department has started working on a project that will help to preserve and enhance the equestrian and agricultural culture of Mi lton by streamlining the zoning ordinance and by streamlining the various development practices. So , we had a very good committee meeting with the Equestrian Committee on October 16 th . We will be coming in front of the Planning Commission in November, and we plan to streamline our zoning code and the various development practices . Hazardo us Household , Paint , and Chemical Collection event -this event was scheduled on September 28 th . We collected nearly Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm Page 41 of 45 41 Ken : I appreciate that. And actually, I've got good news. I will report to the council that it is already being looked at , and the City Manager has been engaging my office on that. We understand some of the issues , and I think that the City Manager will likely bring in some recommendations to the council very shortly. And even, Councilmember Kunz , with respect to some of the issues that have generated that , just please understand we are looking at those very intently as well. And I have been brought in in a meaningful way to look at it. Matt: Okay , so I wasn 't aware of that. Ken: And that's perfectly fine. I understand perfectly. Matt : All right. So , well , then we don 't need to do anything , but we will. Mayor Lockwood: Well , we do. And it is being -yeah . Ken : Yeah , it 's being looked. Mayor Lockwood: No , I think everybody would agree with that. So , thank you for bringing that up. Matt: Thank you everybody as well. Mayor Lockwood: Anybody else ? Anything? If not , then we added an executive session to discuss land acquisition. Do I have a motion? Matt: You got staff reports ? Rick : Do you wanna do staff reports first? Mayor Lockwood : We can do staff reports if we 'd -yeah , actually , they 're on the agenda first. Male Speaker: That 'd be nice. Male Speaker: We don 't wanna make you work. Male Speaker: He ain 't gonna be here. Mayor Lockwood: Actually, what you guys just messed up -they were gonna slide on out. I told them they could boogie. Since council -no , I'll keep Regu lar Meeting of the Milton City Council Monday, October 2 1, 2019 at 6 :00 pm 40 Page 40 of 45 Council members: Mayor Lockwood : Aye. Any opposed? That 's unanimous. We 'll move onto reports. Thank you, Colt and Teresa. I'm sorry. And , Colt, thank you for all the work that your board has done. We 've got a couple staff reports , but anything the council wants to report on? Mo tion and V ote: Councilmember Bentley moved to approve Agenda Item No . 19-236 approving and delegating Jarrard & Davis to make non-substantive changes to the purchase agreement. Councilmember Kunz seconded the motion . The motion passed (6-0). Councilmember Cookerly was absent from the meeting. MAYOR AND COUNCIL REPORTS Matt: Mayor Lockwood : Matt: Ken : Mayor Lockwood: I do , Joe. Matt. And I've talked to and called everybody here on the council as well. We 've had some questions on some of the language in our Special Events Code 64-1596 and also with things happening in cities around Milton , not necessarily in Milton but maybe m Buckhead or Las Vegas where party houses were coming up . We found some language that might be just not necessarily with the intent of the zoning code. We 're not really sure exactly what needs to happen. But on that code , I would love for council to look to see if that language might need some refinement within it. Obviously , we 're dealing with definitions of public and private property. We 're dealing with definitions of public nuisance versus private nuisance, things of that nature. I think it would be good if we just looked at it again to see if the code needs to be more clear. And I don 't know legall y, Ken, if we need to make that go to a work session -or how we would look at something like that. Thank you Councilmember Kunz. I appreciate that. I would agree. Obvious ly , we 'd need to work on that and have been. So , yeah , I would support that. Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6:00 pm 39 Page 39 of 45 Rick: Mayor Lockwood: Ken: Mayor Lockwood: Laura: Ken: Mayor Lockwood: Laura: Matt: Mayor Lockwood. Matt: Mayor Lockwood: property. It's typically by public auction, but there is an exception that allows local governments to basically sell by private sale as opposed to public auction unusually shaped parcels. We 've talked about this at some length with respect to the golf course, so the rough edges of the golf course. So , to the extent that the council wanted to think about doing that here, I would give you the exact same answer here, as I think we do have the right to do it. Thank you . And I just wanna clarify my earlier comments -legally, again with respect to neighbors and whatnot, the City Council would have the ability , correct? -to initiate buffers or possible sale if it made sense to the city and all parties involved so that the city still had the use of it. I agree with that. Okay. I just wanted to clarify that. Anything else ? Okay, I will open up for a motion. Mayor, I'd like to make a motion to approve agenda item No . 19- 236 approving and delegating authority to Jarrard & Davis to make non-substantive changes to the purchase agreement. Thank you Councilmember Bentley and still have the Mayor with the requisite authority to sign. Yes. Okay. Second. I have a motion and a second. Who was the second from? Councilmember Kunz? Yeah. I have a motion for approval as read by Councilmember Bentley with a second from Councilmember Kunz. Any discussion? Hearing none. All in favor please say "aye." Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm Page 38 of 45 38 vest on negotiat10ns , but the property sellers and agents and whatnot are talkative people. So, maybe in the future if we do something like this , they have to sign a clause where until there 's an actual contract, they 're not to - Ken : That would be my expectation . So , I regret if that's not been occurring, but I understand your point. Mayor Lockwood: Any other questions or comments? Staff or Ken? Joe ? Joe Longoria : Sorry , one last thing. Ken: Of course. Joe Longoria: So , once we purchase the property -actually , if we went through a planning cycle , we went through an investigation, we tried to figure what actually we were gonna do with the property, we could find out -you know what ? It 's not really the best thing for what we thought it was gonna be , and we could actually sell the property back on the market. Is that correct? Ken: Well , let me offer up this in response to that because I'm gonna hedge just a moment that local governments are not -and I know you 're not suggesting this. Joe Longoria: Right. I know where you 're gonna go . Ken: But local governments are not in the business of buying property for the purpose of flipping it. And let me repeat again , that 's not what he suggested. But I would want us to think long and hard before we thought about doing that, but it is likely that we could do it. Rick: But there is no prohibition on selling parcels or making that -if it can be subdivided -selling a portion of that if a local property owner or somebody wanted to , and the city was amenable to it because we can still accomplish what we wanna do with it. That is an option . And the funds would go back -if it was purchased through the Greenspace , it would go back to the Greenspace fund , correct? Ken: Right. But I wanna be -you 've heard me say this before , though. Local governments have strict rules with respect to how they sell Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6:00 pm Page 37 of 45 37 Ken : We'd have to take a look at it -what the council 's plan is. But there's no time limit on that I don't think. Mayor Lockwood: Can I just confirm. I don 't think there 's any thoughts of other than this is just a passive -with the Greenspace. Ken: That 's everything I have heard is consistent with that. I understand. This was just a hypothetical , I thought. Joe Longoria: So, I had a lot of questions, but for the most part, I think they've all been answered in terms of the funding for this, how we figured out fair market value. Theresa , so thank you for those explanations. Probably the last question I wanna ask is -obviously, this purchase potentially impacts neighboring landowner citizens of the city. Ken: Yes . Joe Longoria: Did we contact those individuals to let them know our intentions? And is that something that we would normally do? Ken : All I can speak for , Councilmember Longoria, is with respect to my office, we did not. So, I can 't speak to what city staff may have done. And they may have. I don't know if that 's ordinary or not , but I know that we did not. Joe Longoria: Is any of the content -would it have been covered under the executive session rules? Ken: That would have been something that would've been factored into, particularly pre-contract. Now that we 're in due diligence , I would be much more comfortable with bringing in adjacent property owners because remember we can still get out of the contract for 45 days for no reason and for any reason without losing any funds . But prior to us going under contract, there has been a very , I think , disciplined effort by this city and the Greenspace folks to keep the city 's intentions very close to the vest. And that 's on purpose. The law anticipates that very thing. Mayor Lockwood: I might wanna just make a comment on that. I think we've -I know I 've discussed it with Steve. Maybe in the future, as we do this , we might wanna -because I've noticed -what has happened in the past is the city may not be keeping everything close to the Regular Meetin g of the Milton City Counc il Monday, October 2 1, 2 019 at 6 :00 pm 36 Page 36 of 45 Ken: Joe Longoria: Ken: Joe Longoria : Ken: Joe Longoria: anything like that. Is there anything special about this purchase that compels us to do something within a particular time period? I'm not aware of any such time restraint. So once we make a determination that we wanna close on the property, we wait the due diligence period , the property gets purchased by the city , and we do our normal thing , which is lock it up tight and make sure that it can 't be used in any fashion , we really don 't need to do anything else with it. The Greenspace bond doesn 't compel us to say -hey , the property needs to be done to this , this , and this in this amount of time , right ? No , that's exactl y right. And , in fact , one of the beauties of Greenspace is is that if you leave the property alone in its vegetative state , you 've almost accomplished the very basis for the bond in the first place . So , let 's just pretend for a second that we go look at the house that 's on the property . Right now, everything I've heard is it 's a demo . Somebody 's waiting for a bulldozer to roll onto the property and knock it over into a pile , as our friend Burt Hewitt used to say. But, in reality , we could get into the property . We could find that - you know what ; it's not as bad off as everybody thinks . And we could come up with some amount of time a plan on how to use the existing structure either as a meeting room , a storage facility , something of that nature. But again, there 's nothing that causes us to have to follow a particular course . Just because we 're buying it , it doesn't mean the property can 't maintain a house structure. Right. So , two thoughts on that -No. 1, the first answer I have is - to the extent that we close on it , we have some sort of a clock ticking to go out and do something out on the property -I don 't think so . When it comes time for the council with staff to make a determination as to how to use that structure or whether to raise it that will implicate us taking a good hard look at what our intention is . If it 's to use it for a use that could arguably be converted to an active use , I'd need to give that some thought because we might have to then repay the Greenspace fund back to the extent that we convert it to that use . Or if you use it as a passive nature preserve - you know what I'm saying ? Right. Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 35 Page 35 of 45 course , it 's city property. So , to the extent that the city wanted to put some sort of a robust buffer or landscape strip or whatever onto the property adjoining whichever property boundary, we , of course , would have the right to do that as well. Mayor Lockwood: Any other questions for Ken or comments? Laura? Laura: So , along those same lines and with the use of the Greenspace Bond money , can we use that for the demolition of the house? I think there might be a phrase in the bond language that allows for improvements because of the location of the house and the fact that we likely will not be utilizing it for city use for some time . And we just would not want it to be an eyesore and a liability and attraction to - Ken : Yeah , Councilmember Bentley, it 's been a while since I've looked at it. I think actuall y the last time I looked at it was at your urging on another matter. And I believe that we can use the funds to sort of get these pieces of green space property ready . And so , I feel comfortable we can probabl y do that. Laura: That's good because I think that that would help just restore it to a more natural state and make it safe. It could be quite a while before we determine what we want to do with that. Also , along those lines , we 've been doing a good job with maintaining the green space. Mayor Lockwood: Joe Longoria: So , this -because it is surrounded by large parcel owners that we want to make sure that their property rights are preserved , that we keep it maintained to the level -keep the grass cut, keep the fence lines cleared . And then , finally , my last suggestion would be -and I don 't foresee a problem with this -would be just to make sure that we secure the property with the gate and make sure that it 's known that nothing 's happening with it while time goes by . Those are my suggestions . And I think most of council might support that. Joe? So , along those lines -I'm following up on what Laura just asked. We 've purchased property in the past that basically we bought it because it was the right moment in time even though we didn't have necessaril y the funds to develop or a plan in place for use or Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 34 Page 34 of 45 Mayor Lockwood : Ken: Mayor Lockwood: Ken: wanna move forward . Thank you. Are there any questions first for Theresa or Colt? Council. Mr. Mayor, I just wanna update and give you one more piece of information as you all go into deliberations . I think something Theresa said made me think of it. Because of the timeline, this contract anticipates both the due diligence in 45 days and the closing at the end of that 45 days, a little unusual. A lot of times , we 'd see a due diligence period, then maybe 30 days, closing thereafter. This one anticipates both of those almost occurring in tandem. The contract, however, also anticipates that if we want to delay closing, we can, but its $100 per day to delay closing. So , for instance , if we wanted to delay closing because we 're not ready for 30 days, well , that's $3000. So , we hope we don 't need to do that and maybe won 't, but we do have to get the Phase I as you know. And I know that the City Manager wants us to go ahead and get an appraisal just to lock that down and have that in our file so we can evaluate it. So , I say all that. I hope that doesn 't occur. It likely won 't. I will tell you we 're doing everything we can to make sure we don 't need to utilize that provision, but it 's there. And again, Mr. Mayor, one more thing, and I 'll be quiet. If the council does make a motion to approve , I would like that flexibility we talked about to allow the senior staff, the City Manager, and my office to make non-substantive edits and still have the requisite authority for the Mayor to sign. All right. I have a question -thank you Colt. Thank you , Teresa. I have a legal question for you , Ken. Obviously , with this parcel , we also impact and border neighbors. Does the city have the ability , or the council have the ability to at some point either sell portions of that property that may not be of use to the city or implement some type of buffer to protect the neighbors ? We could do both. The city has the authority to sell property that it no longer needs. In fact , there 's specific statuary language that allows the city to sell even privately without a public process what are called small or unusually shaped portions or parcels of property that have no independent value . Now, we 'd have to subdivide it. We 'd have to actually make the parcel , but we could do that. Or, of Regular Meeting of the Milton City Council Monday, October 21 , 20 I 9 at 6:00 pm 33 Page 33 of 45 here , but it connects to the former Milton Country Club property , which that's big , as Theresa said. The access /egress into that has always been a little bit of a challenge. We thought it was doable . We knew we had a couple of options. This gives us an outstanding option. It's not only a big wide option -it's a very pretty option to be honest. You sort of drive up this little gully up over a hill or walk -however we wanna do it. It provides a lot of options to get into the former Milton Country Club , and that is outstanding. We got the barn. The barn is very cute. I imagine lots of Christmas photos. Christmas cards will be made in front of the barn; we 'll see. And as far as development goes , I'm not a builder. We have a number of people on our committee that kinda looked at this stuff. And everybody tells me it's probably at least 6 to 12 -well , it couldn't be more than 12 , but it could be 12. It could be 10 . It could be 6 , but it 's a pretty buildable lot, which is part of the reason why it commands a pretty high price breaker. So , let me just say a couple things on pricing. For an acreage -and we 've been looking at this. We have been actively in the real estate market for the last two and a half years looking at prices all the time. And I will tell you we rule out a lot of properties based on price . This is not one of them. By the way , a lot of people come to us with properties and recommend properties , and we 're like -you know, no . It doesn 't meet our criteria on the price. This one was within the guidance price that we gave to the City Council , and on top of that, it is a reasonable value for a piece of land in this part of town that is a very pretty property that most likely supports a very high yield on houses relative to the size. So , I'll just say that on price. The price is fair. The price is reasonable. The price was negotiated by a pro that works a lot in conservation for other cities in this market and we have been working with for a while . We feel good about the price. So , let me just close with this. And I think I can take questions. It 's up to you. But the time to do this is now. The property is available. The funds are available. They may not be -the next time this property is available , the funds may be not be available. So , right now, the property 's available. The funds are available. We have negotiated a reasonable contract at a reasonable price by a professional that -they know what they 're doing . The seven members of our committee are absolutel y unanimous , and we Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 32 Page 32 of 45 setting up some parameters in the form of goals and a screening criteria for properties within the city to help us identify what makes a good property for conservation with Greenspace Bond funds. We estimate -one thing I don 't think Theresa mentioned -there 's no way to know exactly , but part of our role is to help preserve land from development. We estimate , and it's rough -we have probably prevented the development of about 120 to 160 homes in Milton, just as an FYI -so , kind of interesting. Some of the land we buy is along creeks and streams and water, and we 're buying it for conservation land. Some of the land we buy is totally buildable, doesn 't have as much conservation value. But we have both objectives , and we mix both. So , like I said , we began our work by engaging the Georgia Conservancy to help us develop a framework . And there 's three key parts of the framework that I think are relevant to this discussion today that are priorities for us on the committee in selecting land. First, buying land that has proximity to existing public lands or offers access or egress to existing public lands by road or trail. Anything like that , the score is very highly in our framework . And why is that? Well , it's because you 're talking about expanding on assets the city already owns, right ? -which creates more room , more access for more people. Second, buying buildable land to put some brakes on development. We can 't always buy buildable land. And there 's no question about it , we 've bought some non-buildable land. Within the former Milton Country Club , there is some flood plain. There are also some highly buildable land ; 30 , 40 , maybe 50 houses , depending on what plot you look at , were prevented being developed within the Milton Country Club. Third , buying land that preserves the rural views of Milton is very important to us. We all believe in rural viewshed . It 's a great value to us for all the reasons we talk about here often. We think that this particular purchase meets all three of those criteria in spades , particularly No . 1. So , several things of interest -and I' 11 try not to be too repetitive Regular Meeting of the Milton City Council Monday, October 21, 2019 at 6 :00 pm 31 Page 31 of 45 Colt: actually to travel through, but it is buildable property. So, I would not want to speculate on what current or future council may or may not decide to do with this property, but it does offer flexibility and multiple options. And at this point, I'd like to introduce Colt Whittall from the Chair of the Milton Greenspace Advisory Committee to say a few words on behalf of the committee. Hello. Thank you. A few quick comments. And I apologize. There 's actually a fair amount of stuff. I'm gonna try and delete a few things, so I don't re-cover some of the same territory. But first of all , let me just say I'm Colt Whittall. I'm Chair of the Milton Greenspace Advisory Committee. And just kinda for the record and also for citizens that are watching, I'll give a little bit of background into our committee, how we arrived at this specific decision, and a few things that I think are important to consider when we talk about the recommendation we 're making. And by the way , we reconfirmed over the weekend and tonight our committee absolutely unanimously supports this recommendation at this price. We feel very , very comfortable about it. And that's coming from a lot of research and experience on the committee in real estate in this market. And I' 11 go into that in more detail. So , first, just as a reminder , Greenspace Committee was created -I believe we created it in May in 2017 . We got off and running. We 've met about 40 times since then , including site visits 35-40 times, visited quite a number of sites around town , made a lot of presentations to this council. We have seven members . They were selected in kind of a different process. We had about 30-40 applications. City Council downselected just based on -they wanted experience in real estate. They wanted experience in things that were potentially relevant, like conservation, forestry , ecology , and frankly , just experience in government and in city and in Milton. So, based on that , selected the committee. We 've been operating, like I said , about two and a half years; and we all take it very , very seriously. Theresa gave the update on where we are with the overall program . So , I'm not going to go into that other than to say we're very proud of what we 've accomplished so far. We think we have filled all of the guidelines that we developed originally, and we have stuck within the rules of the bond language. And part of the reason we were able to do that is a lot of involvement early on from Georgia Conservancy in Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 30 Page 30 of 45 Road. The -sorry -the southern access that this property would provide -this is from the FMCC master plan that council approved in August of this year. You probably recognize it. It was a long process , but this was the master plan that y 'all approved. As you can see from here , there are four access points to FMCC. This one on Dinsmore is pedestrian only. This one at the Active'Acres is where there is parking. That 's where the swim and tennis is. This blue area right here and this blue area right here is only for emergency personnel and city service vehicles. Those areas do not allow for regular in and out. So, as you can see really, the only places to access the property now are at the northern end. And I know you all that we 've turned all of our plans on their side . This is actually 90 degrees from the way the property really sits north/south. So , we've struggled with the issue of the southern access to the property. And for people who are coming to hike, to walk the property, right now the only way to get in would be Dinsmore and through the Active Acres. And there are times when the Active Acres would be filled with swim and tennis. So , we have long desired a way to get to the southern end of the property. So , this parcel is where this red star is. This can show you that we would abut the southern end of the property, and we could then be able to drive in or walk in , whatever council decided , and have access to the southern end of the property without having to go through the swim/tennis area . So , the viewshed just quickly -I think everybody recognizes the property. We haven 't had access to the property, so I wasn't able to go on and take pictures like I have of the other ones. I just took them from the road. But I think everybody probably knows where this property is from driving by. There are approximately 550 feet of road frontage there. And on the left , this is the driveway to the property, which could -if council decided -provide access through the property into the property that we already own at FMCC. So , the final thing has to do with development. The property is again in the blue area over here. This is just showing that there is no flood plain on the property nor are there any steep slopes . These are the areas in purple and the shaded areas from our MOD -our GIS MOD . There is some topo in there , which will be quite lovely Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 29 Page 29 of 45 Greenspace funds. You can see those right in the center of the map -that big area. This property is adjacent to the first green space that we purchased , the FMCC. And just a brief background of the history of this property -in June of 2018 , it was listed by the former owner for sale at 1.59. And it was eventually reduced to 1.35 , and in December of 2018 , we actually did make an original offer to purchase the property. But we did find out that it was sort of in a limbo of going into foreclosure. So , we weren't able to make an offer with the former owner of it. So, then I guess the foreclosure process takes a little while. And the bank put it back on the market in July of 2019 at 1.29. We made an offer at that point, and we negotiated back and forth with the seller -with the bank. We were getting closer to a price , but they were for a while immovable about due diligence period. They wanted to give us a due diligence period of three days , and by law, we are required to do an environmental Phase 1. And that was simply impossible. So, we were firm on that. So , in October, we were given a request by the bank to make our best and final offer because they had multiple bidders. And at that point, we made the offer for 1.25 with the firm 45-day due diligence. In talking with Jarrard & Davis , we do know that 's a tight time, but we did believe that we could achieve that. So , we ultimately agreed on the 1.25 purchase price , which works out to a little bit over $104 ,000 an acre -$104,166.67 , which I'm sure Bernadette appreciates that specific number. Our acquisition agent who was a licensed real estate broker has done a market analysis of 20 properties within five miles of this property. They are all zoned AG-1, and they vary in size from 4 to 25 acres. And he has found an average market value of $124,695. That is not an appraisal for this property. It 's simply a market appraisal for what the average AG-1 property in this area is offered for sale at. That was some concluded sales , some pending purchases, as well as some active listings. So , the property highlights I wanna go through really quick -the adjacency to FMCC providing southern access to FMCC , a viewshed and protecting property from development, the adjacency to the public amenity of FMCC. You saw on the original map where the FMCC is located, and this property shares a boundary with it. The road that's going north to south there is Freemanville Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 28 Page 28 of 45 There are some additional stipulations in language within the agreement. I don't know how granular the city wants to be with this , although I have reviewed it, and my office has reviewed it. And we're comfortable with it. The only sort of idiosyncrasy about it from my perspective -it 's a fairly tight window, but I think that was a requirement , candidly , of the seller -was to go ahead and get that done . Council Members , if you are prepared to go forward this evening and if you wanna make a motion to approve this acquisition agreement , I would ask for a little bit of unique language. We are working with the seller as diligently as we can. There 's not maybe as prompt as responsiveness as we would like. So , we think we're down to maybe just some small nuances with respect to the agreement with all of the material components agreed upon , the earnest money , the acquisition price, the acreage, the form of the deeds , all those things. But if the council does make a motion to approve this acquisition agreement tonight , I would respectively request that you approve it and delegate authority to my office as well as the City Manager to make any non-substantive modifications that may be required by the seller and still authorize the Mayor to execute the document once we have a finalized perfected agreement. Mayor Lockwood: Do we have any public comment on this? I should 've asked. No public comment? Okay. Theresa, I don 't know if you had anything you wanted to add to that. Teresa: I did have a few things. There is no public comment? Okay. Yeah , I 've done these presentations for the green spaces before. So , Ken gives all the legal part, and then I'll tell you a little bit more about the property , the considerations for purchase. So, as you all are well aware , we started out the Greenspace Bond initiative with $25 million. To date , we have purchased six properties. And the first was in January of 2018 , and that was the former Milton Country Club , which if you'll give me permission to call that FMCC for the rest of my discussion , all the way to our most recent purchases of Webb and Hamby Roads , which are in the eastern part of the city, which were in January of 2019. So , of course , you know that the country club , FMCC , is 139 acres , although onl y about a 130 of them are passive or paid for with Regular Meeting of the Milton City Coun ci l Monday, October 21 , 2019 at 6 :00 pm Page 27 of 45 Mayor Lockwood: Any opposed? That 's unanimous. Miche le: Thank you. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No . 19-235. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Cookerly was absent from the meeting. 27 Mayor Lockwood : Thank yo u. We 'll move onto our final new business item if our clerk would please call the next item. 3. Consideration of a Land Acquisition Agreement for Purchase of Realty between the City of Milton and US Bank National Association for Fulton Tax Parcel No. 22 442006710238 , 14620 Freemanville Road (12 acres), for a purchase price of $1 ,250 ,000 . (Agenda Item No. 19-236) (Ken Jarrard, City Attorney) Clerk: Consideration of a land acqms1t10n agreement for purchase of realty between the City of Milton and US Bank National Association for Fulton tax parcel No. 22442006710238 at 146 20 Freemanvi ll e Road (12 acres) for purchase price of $1 ,250 ,000 (agenda item No. 19-236). Mr. Ken Jarrard. Ken: Mr. Mayor and Members of the Council , you have in front of you an agreement for sale of realty. The proposed purchaser is the City of Milton. The proposed seller is Towd Point Mortgage Trust 2018-2 , US Bank National Association as indenture trustee , which is the seller. The parcel of property is approximately a 12-acre parcel located 14620 Freemanville Road in Milton , Georgia, Fulton County tax parcel 2244200671023 8. Purchase price is 1.250 -$1,250,000 . The proposed earnest money that the city will in fact pay to an escrow agent is $25 ,000. The due diligence period is accelerated. Its 45 days. If, in fact , the City of Milton pulls out of the contract within that 45 days , we can do so without any penalty and for no cause . We will , in fact, get our earnest money paid for -or paid back , forgive me . And if we don 't and if we let the 45 days elapse without withdrawing , then we will be required to go ahead and close. Re g ular Meeting of the Milton City Council Monday, October 2 1, 20 19 at 6:00 pm 26 Page 26 of 45 2 . Consideration of a Resolution Establishing the Partnership Between the City of Milton and the 2020 United States Census. RESOLUTION NO. 19-10-518 (Agenda Item No. 19-235) (Miche le McIntosh-Ross , Prin cipal Planner) Clerk: Miche le: Mayor Lockwood: Laura: Matt: Mayor Lockwood: Council members: The next item is the consideration of a resolution establi shing the partnership between the City of Milton and the 2020 United States Census (agenda item No. 19-235). Ms . Michele McIntosh-Ross. Yes , greetings again . So , yes, this is a resolution that we have here just to formalize our partnership between the City of Milton and the Census Bureau to help conduct the 2020 Census. So , basicall y, some of the things that I went over in the previ ous presentation -we wanna support the goals of the 2020 Census to disseminate information, which we plan to do , a lso to encourage residents to participate in the 2020 Census and respond to the questionnaires. Also , we 're planning to provide advoc acy through the various committees that we have at City Hall and speak at the various events that we have to let people know about the upcoming census and to support the accurate and complete count and to stri ve to achieve a complete and accurate count of all citizens within the City of Milton. So , those are the thing s we discussed , and thi s is what the resolution is about. So , if yo u have any question s, let me know . Otherwise , yo u guys can make your decision. Do we have any question s for Michele ? Okay, then I'll open up for a motion. Mayor, I'd like to make a motion to approve agenda item No . 12 - sorry, 19-235. Second. I have a motion for approval from Councilmember Bentley with a second from Councilmember Kunz. All in favor please say "aye." Aye. Regular Meeting of the Milton City Council Monday, October 21 , 20 I 9 at 6 :00 pm 25 Page 25 of 45 Mayor Lockwood: Matt: Peyton: Mayor Lockwood: Council members : Mayor Lockwood: that actuall y is gonna be the subject of the meeting immediately following this meeting of the Milton Public Building and Facilities Authority with respect to the revenue bond. That of course involves an intergovernmental contract as the council is aware , and I will be in some respects reviewing both the council's view of that intergovernmental agreement as well as the PBFA 's view of the intergovernmental agreement , which has me on both sides of the transaction. Therefore, I believe the better read of the bar rules is I need a conflict waiver , which basically says I'm coming to you and telling you I'm gonna be performing that work on both sides of the transaction and asking you to waive , which means release or relinquish , any concern about a contract. I hope the council understands and knows me well enough to say that I don't believe there is a conflict because our interests are aligned with the Public Building and Facilities Authority. You are , in fact , the Public Building and Facilities Authority. And if there was anything that marginalized my ability to represent the city or the PBF A zealously , I would get out of the transaction altogether. So , in light of that , I would ask that you all approve this waiver and allow me to do the work. Any questions on this? If there 's no discussion, I' 11 open it up for a motion . Motion to be approved agenda item No. 19-234. Second. I have motion for approval from Councilmember Kunz with a second from Councilmember Jamison. All in favor please say "aye." Aye. That 's unanimous. Okay , if our clerk would please call the next item. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 19-234. Counci lm ember Jamison seconded the motion. The motion passed (6-0). Councilmember Cookerly was absent from the meeting. Re g ular Meeting of the Milton City Council Monday, October 2 1, 20 19 at 6 :00 pm Page 24 of 45 Mayor Lockwood: I'm sorry. Matt: I'm gonna vote no on that. Mayor Lockwood : All in favor please say "aye ." Council members: Aye . Mayor Lockwood: And those not in favor -opposition, please. Matt : Nay. 24 Mayor Lockwood : So , that passes five in favor and one , Councilmember Kunz , in opposition. Okay , we can move onto new business. Madam clerk if you ' 11 please sound the next item. Motio n and Vote: Councilmember Bentley moved to approve Agenda Item No. 19-221. Councilmember Mohrig seconded the motion. Councilmember Kunz was in opposition. Cookerly was absent from the meeting. The motion passed (5-0). NEW BUSINESS 1. Consideration and Possible Adoption of a Conflict Waiver Authorizing Jarrard & Dav is , LLP to Serve as Local Counsel (for both the Counci l 'and the PBF A) Regarding a Revenue Bond Transaction between the Milton Public Building and Facilities Authority and the City Council, to Include Review of the Pertinent Intergovernmental Agreement. (Agenda Item No. 19-234) (Ken Jarrard, City A ttorney) Clerk: Yes , the consideration and possib le adoption of a conflict waiver authorizing Jarrard & Davis, LLP, to serve as local council for both the council and the PBF A regarding a revenue bond transaction between the Milton Public Building and Facilities Authority and the City Council to include review of the pertinent intergovernmental agreement (age nda item No . 19-234). Ken: Thank you Mr. Mayor and Members of the Council. You 've seen me come to yo u before on thi s. This is a conflict waiver. And w hat that basicall y means is that my office as the City Attorney not only will represent the city with respect to the revenue bond transaction Regular Meeting of the Milton City Council Monday, October 2 l , 2019 at 6:00 pm 23 Page 23 of 45 Mayor Lockwood: Matt: Ken : Good. Matt. Yeah, Ken, what 's some of the data on the mailbox stuff? Are we seeing accidents caused by them considered as hazards on a regular basis ? I'm not aware of a fixed structure brick mailbox causing any accidents in the City of Milton. We have some other situations where fixed stone structures in the right-of-way have caused considerable concern. And again , I won 't go into detail , but you all know what I'm referencing. So , this is more sort of a let 's get ahead of this , and let 's make sure that we have the ordinance that can accomplish something on the front end as opposed to having to deal with it on the back end if we believe that's appropriate. But in the case of these fixed object mailboxes , and again, the code says brick, stone , concrete. We may need to take a really hard look at those and then work with our citizens to explain why we 're doing -giving them reasonable time to get that out of the way, replace it with something else , and maybe think of a way to address the financial burden on that. We get it. We do . So , Councilmember Kunz, I don 't think I answered your question directly because I don 't have hard data. But I guess what I'm trying to suggest is that this is a process of which this is only a step in that process. Mayor Lockwood : Any other question? I'll open up for a motion . Laura: Mayor, I'd like to make a motion to approve agenda item No. 19- 221. Rick. Second . Mayor Lockwood: I have a motion from Councilmember Bentley with a second from Councilmember Mohrig. All in favor please say "aye." Council members: Aye. Mayor Lockwood: That passes unanimously . Matt: No , it does not. No. Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6:00 pm 22 Page 22 of 45 Joe Longoria: Ken: Mayor Lockwood: Rick: Ken : Rick: Okay . And the reason I brought that up is we don 't wanna impact our citizens with things that they can 't possibly get done quickly , but yet, if we change the language in our ordinances to say that these structures can't be in the right-of-way , who becomes -are we creating a problem for ourselves if some kind of an accident occurred with a structure that 's in the right-of-way after we sa id , "remove all structures from the right-of-way." Well , it 's funny that you 're asking that question because that was some of the genesis for the change we 're talking about. Because if yo u read it right now, what it says is is anything fixed in the right- of-way is a hazard. And it's not. And that's why it has that reasonable discretion of an engineer to give us the very flexibility you 're getting to because that's just not the case. You're gonna pass on the way home toni ght fixed objects in the right-of-way that are not a threat to anybody on the road , but then there are those that are. Rick? I guess continuing on in the case of mailbo xes -if yo u have like a monument-type mailbox and the city deems it 's a hazard. It needs to be remo ve d. Who actually is gonna bear the cost of that remo val ? And then what 's the proce ss . Is there -I'm assuming there 's some type of notification . That is being debated right now. And that is probably something the council may hear about in the future. We have go ne back and forth. So, what I don 't want to do is get ahead of your City Manager because I think he had some ideas on that. And I know that when Carter was here , Carter and I discussed it. And so , this has been a dialog that has been going on for a while. But just hear me when I say that we understand that there is a difference between -we feel like we need to do this , but how much disturbance do we wanna impose upon your citizens? How long do we wanna give them to be able to do this ? And of course , there is a monetary component to it as well. So , we 're just gonna have to make the best recommendation to the council we can make that treats everybody fair , as fair as we can. But it's a fair question. Thanks. Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm Page 21 of45 21 respect to people 's property rights with their mailboxes , but I also realize that it 's a very dangerous thing too. Ken : Right. The problem is is they 're in the right-of-way. So , they are on City of Milton property. And there 's two hazards. One of course is obviously the notion of the motoring public hitting something that is brick in the right-of-way. And secondly , it's the limited view. These are typically almost like basically small monument structures where another much less invasive facility can accomplish the exact same thing. So, it 's fairly much in line with what I've seen Mr. Mayor. Matt: And this legislation forces existing ones to be taken down? Ken: Could. Yes , sir. Matt: It could. Ken: That's right. Mayor Lockwood: Explain the could versus will. Ken: It would just be a matter of resources , the ability to do it, the amount of money we wanna put in to going out and doing it. Obviously, we don 't wanna cause Milton citizens more agitation than we need to , but I think there are some in mind that the city has been looking at that may have some serious problems. Mayor Lockwood : Joe. Joe Longoria: So , in all this language , there seems to be some type of implied liability for private structures on public right-of-ways. Is that what you 're suggesting? Ken: There 's always a liability component to obstructions in the right- of-way. It's maybe beyond the scope of the meeting with respect to how liability can actually be attached to the city. It can involve aspects of notice , prior histories of accidents or collisions at a particular location, but this will at least give us the tools to be able to go out and do a methodical review of the city 's right-of-way , have the tools to get rid of those that we believe need to be gotten rid of, and allow those to stay that our engineers just don't think are a concern . Regular Meeting of the Milton City Council Monday , October 21 , 2019 at 6:00 pm 20 Page 20 of 45 Mayor Lockwood: Milton is from time to time reviewing those structures that are in the right-of-way. Obviously , a city government, like a county government, has an obligation to keep its right-of-way reasonably clear of obstructions and hazards, etcetera. But the language in the City of Milton 's code was probably in need of some refinement. Specifically, the code found that anything that is in fact fixed in the right-of-way was a de facto hazard . That 's actually not true. There are things in the right-of-way that are out of -either they don 't block vision or are out of the normal line of traffic flow that are simply not a problem. So , we changed the code and put in some language. If you ' 11 look in the -and , hopefully , you 'll have a marked-up version that's got some underlined language simply to provide that irrigation systems , landscaping, fences , walls , nonoperable vehicles, trailers, boats, dumpsters , and other fixed objects within the right-of-way - where it used to declare them are not allowed that are safety hazards, now it provides that in the reasonable opinion of the city traffic engineer or his or her designee -may pose a safety hazard are not allowed within the right-of-way to obviously give some reasonable engineering-based discretion as to what in fact needs to be removed . And the reason this is important is because -first of all , if we begin to embark on a system of methodically going through and demanding that private property owners get whatever these fixed objects may be that are serving their property , but nonetheless in our right-of-way , out of the right-of-way , we wanna be able to explain why -because in the decision and discretion of the engineer, this is a problem. And that's why you 're neighbor 's gets fo stay because of the decision of our engineer; it 's not a problem. We need to have that sort of discretion. Otherwise, you can see where that could go. The only other change is we added some language down at the bottom with respect to mailboxes . Certain fixed objects, such as mailboxes -if it's a fixed mailbox in the right-of-way and it's basically brick, we 're gonna require those to be removed. So , Mr. Mayor, Members of the Counci l, I'm here for questions. I'll open up for questions. Can I get your opinion on the mailbox - the fixed mailbox with other jurisdictions? And I say that with Regular Meeting of the M ilton City Council Monday, October 21 , 2019 at 6 :00 pm Page 19 of45 for a motion. 19 Rick: Mr. Mayor, I'll make a motion that we approve agenda item No. 19-233. Joe Longoria: Second. Mayor Lockwood: I have a motion from Counci lmember Mohrig with a second from Counci lmember Longoria . All in favor please say "aye." Council members: Aye . M otion and V ote: Councilmem ber Mohrig moved to approve Agenda Item No . 19-233 . Counci lmember Longoria seconded the motion. The motion passed (6-0). Counci lmember Cookerly was absent from t he meeting. ZONING AGENDA (None) UNFINISHED BUSINESS 1. Consideration an Ordinance Amendment to Chapter 48, Article VII , Division 3, Section 48-585 for Prohibitions and Uses in the Public-Rights-of-Way to Address Fixed Objects with the Right-of-Way. ORDINANCE NO. 19-10-408 (Agenda Item No. 19-221) (Robert Drewry, Public Works Director) Mayor Lockwood: That passes unanimous. We don't have any items tonight under our zoning agenda. So , we'll move on to unfinished business. If our clerk wi ll please sound the unfinished business items . Clerk: The first item is consideration of an ordinance amendment to chapter 48, article VII, division 3, section 48-585 , for prohibitions and uses in the public right-of-way to address fixed objects with the right-of-way (agenda item No. 19-221). Mr. Ken Jarrard. Ken: Mr. Mayor and Members of the Council , you have in front of you this evening in unfinished business an ordinance with respect to prohibitions and uses in the public rights-of-way to address fixed objects. This was actually a very utilitarian amendment. It was meant to capture two things . One was the fact that the City of Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 18 Page 18 of 45 Laura: Matt: Mayor Lockwood: open it up for a motion. Mayor, I'd like to make a motion that we approve agenda item No. 19-232. Second . Okay, I have a motion from Councilmember Bentley with a second from Councilmember Kunz for approval. All for approval please say "aye." Council members: Aye. Motion and Vote: Councilmember Bentley moved to appro ve Agenda Item No. 19-232. Councilmember Kunz seconded the motion . The motion passed (6-0). Councilmember Cookerly was absent from the meeting . Mayor Lockwood: That 's unammous . If our city clerk will please sound the next public hearing . 1. Consideration of the Issuance of an Alcohol Beverage License to Deep Roots Wine Market and Tasting Room , LLC , d/b/a Deep Roots Milton, 12220 Birmingham Hwy., Bldg. 80 , Suite 102 , Milton, GA 30004 . (Agenda Item No. 19-233) (Bernadette , Har vill, Finance Directo r) Clerk: The second is the consideration of the issuance of an alcohol beverage license to Deep Roots Wine Market and Tasting Room, LLC , doing business as Deep Roots Milton at 12220 Birmingham Highway, Building 80 , Suite 102 , in Milton, Georgia (agenda item No . 19-233). Bernadette Harvill. Bernadette: Mayor Lockwood: Bernadette: Mayor Lockwood: This evening Deep Roots Milton is applying for a retail package of wine and malt beverages and an ancillary wine ta sting license. They are in compliance , and staff recommends approval. An y questions ? Do we have any public comment on thi s? No sir. I'll close the hearing, and if there are no que stions , I'll open it up Regular Meeting of the Milton City Council Monday, October 21, 2019 at 6 :00 pm Page 17 of45 Matt: I motion to approve the first presentation item as Tammy read . Rick: Second. 17 Mayor Lockwood: We have a motion from Councilmember Kunz with a second from Councilmember Mohrig. All in favor please say "aye." Council members : Aye . Motion and Vote: Councilmember Kunz moved to approve the First Presentation Item. Councilmember Mohrig seconded the motion. The motion passed ( 6-0). Councilmember Cookerly was absent from the meeting. Mayor Lockwood: That's unanimous. Now, let 's move on to our public hearing. If the clerk will please sound that first item. PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION I . Consideration of the Issuance of an Alcohol Beverage License to Trophy Atlanta Management, LLC d/b/a Trophy Club of Atlanta, 15135 Hopewell Rd ., Milton , GA 30004 . (Agenda Item No. 19-232) (Bernadette, Harvill, Finance Dire ctor) Clerk: Consideration of the issuance of an alcoholic beverage license to Trophy Atlanta Management, LLC , doing business as Trophy Club of Atlanta at 15135 Hopewell Road in Milton , Georgia (agenda item No. 19-233). Bernadette Harvill. Bernadette : Good evening . Trophy Club of Atlanta has gone under a change of management. New management is requesting a license for consumption on premises of wine , malt beverage , and distilled spirits. They are in compliance , and staff recommends approval. Mayor Lockwood: Do we have any public comment on this? Did we receive any? Bernadette : No , we did not receive any. Mayor Lockwood: All right. I'll close the hearing. Are there any questions? Or I'll Regular Meeting of the Mi lton City Council Monday, October 21 , 2019 at 6:00 pm 16 Page 16 of45 Michele: Rick: Laura: Rick: Mayor Lockwood: Matt: Miche le: Mayor Lockwood: based upon population? Oh , yeah. Yeah , all of those things are tied back to the census. Any population numbers are always based on census data originating, yes. Right , right. Okay. Our two second-largest tax revenues against property taxes are based on that -so, insurance premium taxes and [i n audib le] [00:32:4 7]. Okay , great thanks. Any other questions? Matt? Did you say that even our own local districts can change too based on that as well. Yeah , because based on where the population falls -yeah, the lines could change a little bit. Yeah , and I' 11 be back tonight. We have a resolution later on tonight that'll establish the partnership between the City of Milton and the Census Bureau. So , I' 11 be back. Thank you gu ys . We'll move onto the first presentation if our city clerk will please sound that item. 8) FIR ST PRESENTATION 1. Consideration of an Ordinance Amendment to the City of Milton 's Code of Ordinances , Chapter 32 , Article II -Offenses Against Public Peace , Order and Morals. (Agenda Item No. 19-231) (Rich Austin, Police Chief) Clerk: The first presentation is the consideration of an ordinance amendment to the City of Milton 's Code of Ordinances, chapter 32 , article II -offenses against public peace, order, and morals (agenda item No. 19-231). Mayor Lockwood: Do I have a motion on the first presentation item? Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6:00 pm Page 15 of45 15 Matt: So , we don't have the exact date. We just know a roundabout time . Michele: Yeah , yeah. So , you 'll get something in the mail , and it'll let you know what website to go to ahead and fill it out. Matt: Awesome. Thank you. Mayor Lockwood: Question too -just a legal question, 1s it okay for the city to promote information and whatnot? Michele: Yes , yes, yes, yes. Mayor Lockwood: On our website and whatnot ... Michele: Yes. And let me mention that this whole week, we will be -the Census Bureau is conducting a national recruitment for workers of the census. They 're gonna be hiring 500,000 people or so. So , we wanna get over a million -right? -applicants to work for the census. Anything you wanna add there? Ed: Yeah. And one other comment too about the response rate. One of the things that we will do this year that'll help people like Michele and other towns is we're gonna make available real-time how people are responding. So , you can look at the various census tracts within your area. And you can see maybe in the -and we expect the area to be low will be where there's a lot of apartment complexes. Because people who live in apartments tend to not be very good about filling the forms out. So , you'll be able to see real- time what the response rate is in the various areas around Milton. So , then you can target your campaigning to those specific areas to try to get the numbers up. So , that's one of the things we will make available to the folks that are working to get that complete count in their areas this year. That was not available in 2010. Michele: Yeah , we're using technology to get real-time results here. That's good. Mayor Lockwood: Rick ? Rick: Just one question , when we talk about apportionment of what actually the census impacts, doesn't it also impact how Fulton County distributes some taxes within the county and what cities get Regular Meeting of the Milton City Council Monday , October 21 , 2019 at 6:00 pm 14 Page 14 of45 Matt: Michele : Milton. This is the schedule for the census. So , in early March of 2020 , households will be getting postcards or letters with information on how to go online to answer the questions , also information on how to request a questionnaire if you want a paper version. Also , please , we want you to respond at that time so that we can have an early response rate. Just go ahead and go online and respond at that time to help with the response rate for Milton. In late March, if you didn't respond already , then you'll get a followup postcard. And then , of course , April 1st is gonna commemorate the census day. And optimistically, I'm believing that all of our residents would have responded by then . So , no problem there. But if you hadn 't , you can still respond .. This is what you don 't want to happen -is in May to July , you 'll have somebody come out to your house to try to get you to respond. So , census workers will be deployed at that point to all of the addresses. And they have the addresses . We already provided it to them to come out to get you counted. And then in August, that 's when the data collection window will close. And all of the data will be tabulated. And so , by December of 2020 is when we 'll know how much -how many people we have. So , the Director of the Census will report to the President of the United States. Again, the census is important. Some key points in here: The 2020 Census will be easier than ever before because you can go online and fill the census questionnaire out. Taking part in the census is your civic duty . So , it 's a good thing . The data collection, again, is private . It's protected. Our share of the 675 billion will be at stake . So , we definitely want every person counted. Fair representation is also at stake for the State of Georgia as well as the City of Milton. And the data collection is just invaluable for all of the information that we will have for the national and the local economy for the infrastructure and the service provision. All of these things affect our quality of life. Knowing exactly how much we need to apportion for any of the services that we provide is important. And that 's it for m y presentation. Any questions ? I'm sorry if you said earlier. When 's the first day you can do the online survey? Yeah, in earl y March. Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6:00 pm 13 Page 13 of45 been working on that throughout 2018. Alicia and Cody worked with me on that to get all of those addresses updated. It's an operation that we verified the list of addresses the Census Bureau had, and we added , deleted , and modified any addresses that -so , that it would have a complete list for this upcoming census. So , we worked on that. We submitted around 2,376 new addresses to the census , and then we also participated -and it 's actually ongoing. It 's called the New Construction Program, which we're submitting all of the new construction of residences from March of 2018 to April of 2020. And , so far, we 'll be submitting roughly 300-plus new addresses . We 'll submit that on Friday. That's the due date for that New Construction Program . So, point is, we want to be able to have all the addresses in the system so that when folks go out -when the census gets the questionnaires answered , we 'll be able to tie it to addresses. And also , if push comes to shove, and folks - census workers do have to come out to your address -we hope not -they will have the correct address to be able to come out to get that questionnaire filled out. Some of the things that we'll be doing to help get residents counted -we 're gonna be working on community engagement. We 've already had meetings with Courtney and her staff and other members at City Hall. Just a note , December 23 rd marks the 100 days before the Census 2020. Our last meeting here at City Hall is December 16 th . So , we may do a proclamation at that point to mark the 100 days before the census. We' re also going to be promoting the census at city events , provide assistance to residents at City Hall perhaps. We 'll have kiosks with computers so that folks could respond to the census online . Also , probably have iPhones -iPads , sorry -at some of the events that we have so that folks will be able to fill their census out if they choose to. We 're also going to leverage the many c1t1zen volunteer committees that we have to assist with getting this complete count of all of our residents. Also , we are coordinating with the county and other neighboring cities , schools , libraries , etcetera, homeowner associations , churches, other clubs , anything we can think of. We 'll get ideas from you guys also if you so choose - how to get word out , so that we can count everyone in the City of Regular Meeting of the Milton City Council Monday, October 2 1, 2019 at 6 :00 pm 12 Page 12 of 45 Rick: Michele: also Milton City Council Districts . An undercount in any area of the city can skew the district lines. It 's also used to calculate population projections , bu si ness locations , service deli very strategies, local long-range planning. We have our comprehensive plan coming up. We need to be able to get those numbers accurate, and we use it for all these different planning mechanism s. This is a map that shows the 20 10 result s of the apportionment. So , if yo u notice -I'm going to use m y cursor -so , Georgia was able to add one official. Now, Georgia's response rate was in the 70s - the low 70 %. And we still were able to gain a seat here . So, if yo u imagine if we had a better count, we may have gotten another seat there. Also , the census counts every person, and the goal is to count every person once, only once , and in the right place. That 's the goal for the census. It 's the civic duty of every citizen to be counted per the constitution. · Also , this year -it 's never been done before. The census will be available online . It 's just gonna be about 10 questions or so. And yo u can go fill it out online . You also will be able to request a paper questionnaire if yo u wanna do it that way . But online should be easy , especially for a place like Milton. We should be able to get early re sponse online. The data collection is private. Your information will be protected. And just to -if yo u recall for the 2010 census, our numbers came back as 32 ,661 peopl e . Our response rate was in the 80s -low 80s or so. So , can yo u imagine -again , if we counted everybody, this number may have been more . And also , every other projection from that number could be different. Just inhou se and w ith Georgia Power and other helps , the estimate for right now and coming up for 2020 we 're thinking it wi ll be more like 40 ,000 people. But, of course, we 're basing it on the 32,661 and adding households. So, we 'll just see what happens. Bless yo u. Thank you. A little bit about the local preparation that has been go ing on for the census. Back in 2 017 , there was a LUCA operation launched by the Census Bureau. I don 't kno w if some of yo u were on council -most of yo u would remember the resolution that we adopted November 20th, 2017, to participate in the LUCA operation , which is the local update of census addresses. We have Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6 :00 pm 11 Page 11 of 45 Matt : Michele: Ed: Michele: Ed: Matt: Michele: Okay , so what is the census? Oh, my screen went -I'll just wait. Oh , it's back up. Okay , great. So , the census is an official count of a population. It's actually referred to as the actual Enumeration. So , every 10 years the census does a count of everybody in the United States. This is per the constitution. We've been having a 10-year census since 1790. The US commemorates the census on April 1st every 10 years. So , unlike when you have a birthday every year , this is every 10 years. So , April 1st of every 10 years will be a census date. It 's used to share $675 billion in federal funds to do roads, public works , hospitals, schools , social programs, etcetera. There are several things that the dollars are used for. And every person counts and contributes to figuring out how much the allotment will be for each city , county , and so on. This allotment is for every 10 years . So , whatever you get counted at for the 2020 Census, that amount of money will be apportioned every year for the next 10 years . So , you really want to get that number accurate so that you 'll have the right amount for the next 10 years. Also , responding to the census -a nonresponse to the census questionnaire can result in an undercount and resulting in less funding allotted for Milton. For the State of Georgia, we figured out from calculations that each person based on the last census - it 's like 1600 per person. So , can you imagine if you undercounted by any amount as like $1600 per person? And then you carry that throughout that whole 10 years. Michele , in that annual $1600 ? Or is that just for the term of the census? I believe it 's annual. I'm not sure . I think it was annual. That 's per person per year. Yes , exactly. So, times 10 -16 ,000 for a 10-year period . Gotcha. Right. It 's used to determine the legislative representation , as you know , for every level of governrnent , including Georgia Representatives , Regular Meeting of the Milton City Council Monday, October 2 1, 20 19 at 6 :00 pm Page 10 of45 Courtney: Rick: Courtney: Mayor Lockwood : join us up at the front , we 'll go down . I'll provide you with the proclamation, and we can have our picture taking by Courtney agam . I gotta scale. Sorry. Yup , just a littl e bit. Keep going. Keep going that way. Let's see -it looks good. It 's good. Can yo u hold yo ur proclamation up ? Yup, just like M s. Longoria is. Yup. That's good. That's good. Okay, all right. Ju st a few -one , two , three . All right. Thank yo u very much . Thank you guys for the proclamation. If our clerk will please call the next item. 3. Presentation of 2020 Census . (Mic hele McIntosh-Ross, Principal Planner) Clerk: Next item is the presentation of the 2020 Census, Michele McIntosh-Ross. Michel e: Great , greetings ! I'm actually modeling the cens us items that we have on [inaudible] [00:18:18]. We thought yo u were gonna sit ove r there , so we have a bunch of bags lik e this for eve rybod y up here , but it 's on this side. So , again, greetings. I'm Michele McIntosh-Ross with Community Development Department. And here I have with me Cody Hendrix who's our staff member , first time at council meeting. So, he 's our planning tech , and he 'll be wo rking with the census. And then we have Ed Mitchell , he 's a Partnership Specialist with the Cens us Bureau with the Atlanta Re gional Census Center, and he li ves in Milton in Crooked Creek. So , we have somebody here to help us out. Le t me move on here. So , that was the introductions. This is the overview of what I'll be presenting tonight. We're gonna talk about the census and what it is, why we should be doing it , the local preparation that was done for the cens u s, getting re si dents counted, the census sc hedule , and recap that the census is important. Regular Meeting of the M ilton City Council Monday, October 21 , 2019 at 6:00 pm 9 Page 9 of 45 Joe Longoria: Rick: Joe Longoria: cancer awareness through outreach education and screening programs and have empowered women with a lifesaving message of early detection and the importance of having annual mammograms. Now, therefore, we, the Mayor, and City Council of the City of Milton, Georgia, hereby dedicate and claim October as National Breast Cancer Awareness Month in the City of Milton and call this observance to the attention of all of our citizens . Given under my hand and seal of the City of Milton, Georgia, on this 21 st day of October 2019. I just wanna tell you that we do this every single year, and it became very , very special a few years ago after my wife was diagnosed with breast cancer. I'm happy to be up here to tell you that she 's sitting in the audience. And every once in a while, she doesn't make it to this meeting because she 's out playing tennis or doing something else. But none of that would have been possible without the quality healthcare that we can receive in the Atlanta area. And I just wanna make everybody aware of two things that we said in this document. The first is early detection makes a real difference. And I can 't emphasize that enough . And the second is - if you are diagnosed, living in the City of Atlanta and the State of Georgia is a huge benefit because the program here is very well run and very finely tuned , and there 's a lot of technology and capability and resource here in the city to help you out. So , Rick. And I'd like to say that this is very personal to me also. My wife actually is sitting in the audience also . She is a breast cancer survivor with no history of breast cancer in her family -her family tree. It impacted us when we had young chi ldren, and I also am very thankful for early detection. We were living in the Atlanta area , and she was treated. As Joe said , sometimes his wife isn 't able to make the meetings . My wife is the same too because she 's always working out or playing tennis . And as Joe had mentioned too, it's important that you actually do get early detection and get it treated. So , this means a lot to me actually to be here along with you , Joe. Yeah, so anyone who is a breast cancer survivor who would like to Regu lar Meeting of the Mi lton City Council Monday, October 21 , 2 019 at 6 :00 pm 8 Pa ge 8 of 45 Sandra: Mayor Lockwood: right. I'm not gonna say a word . Stay right where you are. I'm gonna give you a count -one , two , three . I'll take a few . One more. Great job and congratulations! Thank you so much. All right. Moving on . If our city clerk could please sound the next presentation item. 2. Proclamation Recognizing 2019 Breast Cancer Awareness Month. (Councilm embers Joe Longoria and Rick Mohrig) Clerk: The next item is the proclamation recognizing the 2019 Breast Cancer Awareness Month . Council members Joe Longoria and Rick Mohrig . Rick: Thank you. It 's our honor to actually present this proclamation tonight. Whereas October is National Breast Cancer Awareness Month; and - Joe Longoria: Rick: Joe Longoria : Rick: Joe Longoria: Rick: -whereas , breast cancer is the second most common cancer among women after skin cancer; and - -whereas , one in eight women will be diagnosed with breast cancer at some point in their life ; and - -whereas , over 26 -268 ,600 women and approximately 2670 men will like ly be diagnosed with breast cancer in 2019 , and about 40 ,000 women wi ll die from the disease ; and - -whereas , in 2019 , there are more than 3.1 mi ll ion women with a history of breast cancer in the United States. This includes women currently being treated , and women who have finished treatment; and - -whereas , every woman is at risk for breast cancer, even if she has no fami ly history or other risk factors of the disease; and - -whereas , the percentage of survi vors five years or more after being diagnosed is now 89.7% because of the efforts of various organizations have made re gular contributions to spreading breast Regular Meeting of the Milton City Council Monday, October 2 1, 2019 at 6 :00 pm 7 Page 7 of 45 Mayor Lockwood : Male Speaker: Alvaro: Sandra: Mayor Lockwood: Courtney: This is an honor for me tonight to present this proclamation. And once I read it out, I will ask the council to join me in presentation. In recognition and celebration of new United States of America citizens residing in the City of Milton, whereas the City of Milton values the contributions of immigrants and new citizens who help foster a spirit of inclusion that emiches our community and preserves the legacy of a city of freedom and opportunity; and whereas , the City of Milton wishes to acknowledge immigrants ' commitment to the United States of America and its constitution and to the idea of liberty and justice for all on which this country has been founded; and whereas , the City of Milton recognizes those becoming citizens of the United States of America who live in Milton and choose to enjoy the rights and privileges of full United States citizenship , as we all strive for a more perfect union. Now, therefore , be it resolved that the Mayor and the City Council of the City of Milton recognize residents of the city who have recently earned the rights and responsibilities incumbent upon every citizen of the United States of America. And this tonight is going to be presented to Alvaro Galvis and Sandra Persales . They're City of Milton residents and new United States of America residents. And this is given under my hand and the seal of the City of Milton, Georgia, on this 21 st day of October 2019. And if you guys could come up front and the council join me in presenting this proclamation. And also thank you to Mateo and Victoria for helping us with the Pledge of Allegiance. You guys did a great job. Congratulations. Good job. Thank you so much. Thanks . If you guys can come up here. We'll get the four of you to take a picture , and I have a feeling maybe I'm gonna see you on the website at some point. Look at y 'all. That was fantastic! Wow! Thank you so much. All Regu lar Meeting of the Milton City Council Monday, October 21, 2019 at 6 :00 pm 6 Page 6 of 45 Mayor Lockwood: Laura: Rick: Mayor Lockwood: Council members: Mayor Lockwood: No. 5, approval of an agreement between the City of Milton, Georgia, and Flock Group, Inc , for the Milton Police Department to participate in the Flock Data Sharing Program (agenda item No. 19-229). Our sixth and final consent agenda item is approval of the following subdivision plat and revisions. Name of the deve lopment is Nix Crossing, land lot No. 452 and 485 at 910 Nix Road. A minor plat to reassign addresses for total acres of 5 .14 and a density of 0.58 lots per acre (agend a item No . 19-230). Thank you. Do I have a motion on the agenda? Mayor , I'd like to make a motion to approve the consent agenda as read. Second. I have a motion for approval from Councilmember Bentley with a second from Councilmember Mohrig. All in favor please say "aye." Aye. That 's unanimous. We'll move on to our reports and presentations. And if our city clerk will please sound the first item. Mo tion and V ote: Councilmember Bentley moved to approve the Consent Agenda Items. Counci lmember Mohrig seconded the motion. The motion passed (6-0). Counci lmember Cookerly was absent from the meeting. 7) REPORTS AND PRESENTATIONS 1. Proclamation In Recognition and Celebration of New United States of America Citizens Residing in the City of Milton. Clerk: (Mayor Joe Lockwood) First item is a proclamation in recognition and celebration of new United States of America citizens residing in the City of Milton. Mayor Lockwood. Reg ular Meeting of the Milton City Council Monday, October 2 1, 2 019 at 6 :00 pm 5 Page 5 of 4 5 5. Approval of an Agreement Between the City of Milton, Georgia and Flock Group , Inc. for the Milton Police Department to Participate in the Flock Data Sharing Program. (Agenda Item No. 19-229) (Rich Aus tin , Polic e Chief) 6. Approval of the Following Subdi vision Plat and Re visions : Name of Development/ Location Action Comments /# Total Density lots Acres 1. Nix Crossing Minor Reas sign LL 452 & 485 5.14 0.58 Lots / acre 910NIX Road Plat addresses (Agenda Item No. 19-230) (Farag A grawal, Community Deve lopm ent Director) Mayor Lockwood : We 'll move on to the consent agenda if the clerk will please read those items. Clerk : The first item on the consent agenda is approval of the September 23 rd , 2019, City Council meeting minutes (agenda item No. 19- 225). No. 2 , approval of an agreement between the City of Milton and the Georgia Bureau of Investigation regarding a memorandum of understanding and an equipment agreement relating to the startup of a Georgia Internet Crimes Against Children Task Force in the City of Milton Police Department (agenda item No. 19-226). Our third consent agenda item is an approval of an access agreement between the City of Milton, Georgia, and Ring , which will provide the Milton Police Department access to the neighbor 's portal to communicate with users of the neighborhood app , "Ring Neighbors" (agenda item No . 19-227). Fourth, an approval of a settlement agreement with Comcast Cable Communications, LLC , for underpayment of franchise fees (agenda item No . 19-228). Re g ular Meeting of the Milton City Council Monday, October 2 1, 2019 at 6 :00 pm Page 4 of 45 Counci l members: Aye. Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda with the following amendment: "Add an Executive Sess ion to discuss Land Acquisition". Counci lm ember Kunz seconded the motion. The motion passed (6-0). Councilmember Cookerly was absent from the meeting. PUBLIC COMMENT (General) NONE. 4 Mayor Lockwood: That passes unanimously. Do we h ave any general public comment tonight? Have we gotten any cards in ? . Clerk: No , not this evening. CONSENT AGENDA 1. Approval of the September 23 , 2019 C ity Council Meeting Minutes. (Agenda Item No. 19-225) 2. Approval of an Agreement between the City of Milton and the Georgia Bureau oflnvestigation (GBI) Regarding a Memorandum of Understanding (MOU) and an Equipment Agreement Relating to the Startup of a Georgia Internet Crim es Against Children Task Force (ICAC) in the City of Milton Police Department. (Agenda Item No. 19-226) (Rich Austin, Police Chief) 3. Approval of an Access Agreement between the C ity of Milton, Georgia and Ring which w ill provide the Mi lton Police Department Access to the Neighbors Portal to Communicate with Users of the Neighbo rs App ("Ring Neighbors"). (Agenda Item No. 19-227) (Rich Austin, Police Chief) 4. Approval of a Settlement Agreement with Comcast Cab le Communications, LLC for Underpayment of Franchise Fees. (Agenda Item No. 19-228) (Stacey Ingli s, Assistant City Manager) Regular Meeting of the Milton City Council Monday, October 2 1, 2019 at 6:00 pm Page 3 of 45 Clerk: Would everyone please rise for the Pledge of Allegiance. 3 Mayor Lockwood: And before we do the Pledge of Allegiance , I have a couple special guests here, Mateo and Victoria. If you guys will come up here and help lead us in our Pledge -that's good . PLEDGE OF ALLEGIANCE All: I p ledge allegiance to the Flag of the United States of America and to the Republic for which it stands , one nation under God , indivisible, with liberty and justice for all. Mayor Lockwood: Thank you so much for your help. Victoria: You 're welcome. Mayor Lockwood: Victoria and Mateo are here with their family. Their parents are here tonight , some of our newest citizens that live here in the City of Milton. I again wanna welcome everybody here tonight. And if our clerk will please sound the next item, which is the approval of the agenda. APPROVAL OF MEETING AGENDA (Agenda Item No. 19-224) Clerk: Approval of the meeting agenda (agenda item No . 19-224) with the addition of an executive session to discuss land acquisition. Mayor Lockwood : Okay , do I have any other changes on the agenda that anyone would like to make? If not , I'll open up for a motion. Joe Longoria: Mayor , I move that we approve the meeting agenda as prepared with the executive session added for land acquisition. Matt : Second . Mayor Lockwood: Okay , I have a motion from Councilmember Longoria with a second from Councilmember Kunz. All in favor please say "aye." Regular Meeting of the Milton City Council Monday , October 21 , 2019 at 6:00 pm 2 Page 2 of 45 Mayor Lockwood : Clerk : Peyton: Clerk : Matt: Clerk: Laura: Clerk : Joe Longoria: Clerk: Rick: Mayor Lockwood: ROLL CALL organization before beginning your comment. If you are representing an organization, an affidavit is required stating you have the authority to speak on behalf of the organization. Please review tonight's agenda. And if you would like to make a comment, please bring your comment card to me now. Demonstration of any sort within the chamber is prohibited. Please refrain from any applause , cheerin g, booing, outbursts , or dialog with any person speaking. Anyone in violation will be asked to leave. As I call roll this evening, please confirm your attendance. Mayor Lockwood ? Here. Counci lm ember Peyton Jamison? Here. Councilmember Matt Kunz ? Here. Counci lm ember Laura Bentley? Here. Councilmember Joe Longoria? Here. And for the record Councilmember Carol Cooker ly is absent -and Councilmember Rick Mohrig . Here . Okay. Councilmembers Present: Councilmember Jamison, Councilmember Kunz , Councilmember Bentley , Councilmember Longoria and Counci lmember Mohrig . Councilmember Absent: Councilmember Caro l Cookerly. Regular Meeting of the Milton City Council Monday, October 21 , 2019 at 6:00 pm 1 Page 1 of 45 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim . Any reproduction of this summary must include this notice . Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form . This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on October 21, 2019 at 6:00 PM, Mayor Lockwood presiding. Mayor Lockwood: INVOCATION Pastor Jason Howard CALL TO ORDER Hey everybody. And before we get started tonight, I'd like to welcome Jason Howard from Stonecreek Church here in Milton to lead us in our invocation. Mayor Lockwood called the meeting to order. Mayor Lockwood: Clerk: Thank you, Jason. Okay , I'd like to call the regular meeting of the Milton City Council for Monday, October 2l51, 2019, to order. The city strongly recommends that you review tonight's agenda carefully, and if you wish to speak on an item on the agenda, please bring your comment card to the clerk, which -right here on my left as soon as possible. While the Milton rules allow a speaker to turn in their comment cards up until the clerk calls that agenda item , once the item is called , no more comment cards will be accepted. And if our madam clerk will please call the roll and make general announcements. Good evening Mayor and Council. I'll be happy to call roll for the October 2l51, 2019 , regular meeting. I would like to remind those in attendance to please silence all cell phones at this time. Those attending the meeting who would like to make a public comment - you are required to complete a public comment card prior to speaking on the item. Your comment card must be presented to the city clerk prior to the agenda item being called. All speakers -please identify yourself by name , address , and