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HomeMy WebLinkAboutMinutes CC - 12/16/2019 - Regular Meeting Minutes1 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 1 of 46 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 December 16, 2019 at 6:00 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Lockwood: Let's call the regular meeting of the Milton City Council for Monday, December 16, 2019, to order. The city strongly recommends that you review tonight's agenda carefully. And if you wish to speak on any item on the agenda, please bring your comment cards, which are back to my left on the table back there up to our city clerk, Sudie Gordon, right here to my right. And while our rules allow a speaker to turn in their comment card up until the city clerk calls that agenda item, once the agenda item is called, there are no more comment cards that can be accepted. So, if anybody has any public comment on an item or general public comment, please turn in a card to Sudie. Sudie, if you'll please call the roll and make general announcements. Sudie: Good evening, Mayor and council. I'll be happy to call roll for the December 16, 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're 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 organization before beginning your comment. If you are representing an organization, an affidavit is required stating you have the authority of that 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, cheering, booing, outbursts, or dialogue with any person speaking. Anyone in violation will be asked to leave. As I call roll this evening, please confirm your attendance. Mayor Joe Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 2 of 46 Lockwood. PA Mayor Lockwood: Here. Sudie: Councilmember Peyton Jamison. Mr. Jamison: Here. Sudie: Councilmember Matt Kunz. Mr. Kunz: Here. Sudie: Councilmember Laura Bentley. Ms. Bentley: Here. Sudie: Councilmember Carol Cookerly. Ms. Cookerly: Here. Sudie: Councilmember Joe Longoria. Mr. Longoria: Here. Sudie: Councilmember Rick Mohrig. Mr. Mohrig: Here. Councilmembers Present: Councilmember Jamison, Councilmember Kunz, Councilmember Bentley, Councilmember Cookerly, Councilmember Longoria and Councilmember Rick Mohrig. PLEDGE OF ALLEGIANCE Sudie: Would everyone please rise for the Pledge of Allegiance? [Pledge of Allegiance] 1 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 3 of 46 3 Mayor Lockwood: Okay. I'd like to just take a moment and thank everybody for being here whether you're here for business or we've also got folks that are here to wish Matt well and also have Ed Mitchell from the Census Bureau. I've asked him to say a few words. So, I appreciate you guys being here tonight. I also want to recognize I see ex- Councilmember Karen Thurman and Bill Losk who had served on our council for several years. So, thank you for being here tonight. Sudie, if you'll please sound the next item. APPROVAL OF MEETING AGENDA (Agenda Item No. 19-261 Sudie: Our next item is approval of the meeting agenda, Agenda Item No. 19-261. Mayor Lockwood: Okay. I would like to add an executive session to discuss land acquisition and also withdraw an agenda item, Item No. 19-272, consideration of an ordinance to adopt amendments to the fiscal year 2019 budget. Are there any other items, Matt? Mr. Kunz: Yeah. In reports and presentations, I would like to switch Items 1 and 2. I just want my team to go ahead of me. It's how I've always felt. So, make two become one and one become two. Mayor Lockwood: Okay. I'll open up for motion on the agenda as amended. Mr. Kunz: Mayor, I'll make a motion that we approve the agenda as amended with the executive discussion to discuss was it land acquisition. Ms. Cookerly: Second. Mayor Lockwood: Land acquisition and to remove Agenda Item No. 19-272. Mr. Kunz: Correct. Mayor Lockwood: And then, also with the changes you — okay. I have a motion from Councilmember Kunz, second from Councilmember Cookerly. All in favor, please say aye. Group: Aye. Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 4 of 46 M Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following amendments: "Add an Executive Session to discuss land acquisition and withdraw Agenda Item No.19-272, "Consideration of an Ordinance to Adopt Amendments to the Fiscal Year 2019 Budget" and under Reports and Presentations, "switch items no. 1 and 2." Councilmember Cookerly seconded the motion. The motion passed (7-0). PUBLIC COMMENT (General) ✓ Ed Mitchell, 660 Greenview Terrace, Milton, GA 30004 ✓ Scott Reece, 13685 Highway 9, Milton, GA 30004 Mayor Lockwood: That's unanimous. Okay. Our next item is public comment. Sudie, do we have any public comment? Sudie: Yes, we do, sir. Mayor Lockwood: Okay. Would you please call the first speaker? Sudie: Our first speaker this evening is Ed Mitchell. Mayor Lockwood: And I'd like to, again, introduce Ed Mitchell and Sky Coffee, correct? Thank you for being here. Mr. Mitchell: Yes. We're with the Census Bureau. And, basically, what we're here tonight to do, we have — you can see the table set up on the outside here. We have a massive recruiting going on with the Census Bureau right now. And we need about 33 more volunteers for the city of Milton. So, if any of you are so inclined tonight, just come out and see us at the table before you leave. And we'll be happy to get you signed up to become a part of the census for 2020. And for you all that don't know, in 2020 is the decennial census. So, it will be the 24th decennial census. That means it's the one that's done every 10 years. So, that one is very, very important because it determines who much money comes to Milton. So, if everybody signs up and when the forms come out in mid -March and start coming in the mail in March 12 through 20, we need everyone to sign up. And for those few that don't, we need help in actually going door to door to get them to sign up as well. So, that's what we're here for tonight. So, if you would, before you leave tonight, come by to see us. And we'd love to get that 33 tonight before we leave. Thanks a lot. 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 5 of 46 5 Mayor Lockwood: Thank you, Ed. And I actually volunteered myself. I'm sure people will wonder why the mayor is knocking on their door. All right, Sudie, do we have any more general public comments? Sudie: We do, sir. And the next is from Mr. Scott Reese. Mayor Lockwood: Okay. Mr. Reese: I'm Scott Reese, 13685 Highway 9, Milton, Georgia, 30004. Mayor and council, I have been asked by the family of Fanny Eatrice Holkum to read a letter of thanks to the city of Milton. The family and friends of Fanny Eatrice Holkum and the entire congregation of Providence Baptist Church offer their most sincere thanks to the elected officials, employees, and everyone connected to the city of Milton for helping to celebrate the 100 birthday of Fanny Eatrice Holkum. We believe Aunt Fanny to be the oldest living resident and oldest to have been born in Old Milton County and continuously to have lived in the now city of Milton. The family would especially like to thank Mayor Joe Lockwood and members of council, Jamison, Bentley, and Cookerly who took time out of their busy lives on a Saturday to help Fanny celebrate 100 and hope to see you again at her 110t' in 10 years. Thank you one and all. Thank you. Mayor Lockwood: Okay. Thank you. A quick side story. I had a call. I not only enjoyed attending Fanny's birthday but I got a call a couple of years back from a family and they said, "Mayor Lockwood, do you remember when you came to Granny's 100t' birthday party?" And I said, "Absolutely. I remember dancing with her and enjoying the party and whatnot." And they said, "Would you mind coming this next Saturday to her birthday party?" And I said, "Absolutely." And then, I hung up and I thought, wait a minute. That was 12 years ago. Anyway, that's part of the fun parts of the job. All right. Do we have any more public comment, Sudie? Sudie: That's all general, sir. CONSENT AGENDA Mayor Lockwood: Okay. Then, if we could move to the consent agenda. If you'll Regular Meeting of the Milton City Council 6 Monday, December 16, 2019 at 6:00 pm Page 6 of 46 please call those items. Sudie: The first item is approval of the November 18, 2019, city council meeting minutes Agenda Item No. 19-262. Approval of the financial statements and investment report for the period ending October 2019, Agenda Item No. 19-263. Third, is approval of the audit engagement letter with Mauldin & Jenkins, LLC to audit the city's financial statements for the fiscal year ending September 30, 2019, Agenda Item No. 19-264. Next, approval of a services agreement between the city of Milton and SiteMed North America, LLC for firefighter wellness physicals, Agenda Item No. 19-265. Our fifth consent agenda item is approval of a construction services agreement between the city of Milton and Anderson Atlanta Inc. regarding the pool pump house renovation at the former Milton Country Club, Agenda Item No. 19-266. Next, approval of Change Order No. 3 to a professional services agreement between the city of Milton and InterDev, LLC, Agenda Item No. 19-267. No. 7 is approval of Change Order No. 1 for construction services agreement between the city of Milton and Blount Construction Company, Inc. for resurfacing and reconstruction project, Agenda Item No. 19-268. Next, approval of a contract with Basic Benefits to provide administration of services for employee FSA, flexible spending account, HRA, health reimbursement account, and COBRA, Agenda Item No. 19-269. Our ninth and final consent agenda item is approval of subdivision plats and revisions. First is Ray Pendley, Land Lot 187, 2435 and 2445 Mountain Road. This is a minor plat reconfiguring two logs, 6.97 total acres, .28 lots per acre. Next is Charles Magbee, Land Lot 539, 15820 Thompson Road. Minor plat creating two lots, 2.58 total acres, 0.77 lots per acre. This is Agenda Item No. 19-270. Mayor Lockwood: Okay. Do I have a motion? Ms. Bentley: Mayor, I'd like to make a motion to approve the consent agenda as read. Mr. Longoria: Second. Mayor Lockwood: Okay. I have a motion from Councilmember Bentley, a second from Councilmember Longoria for approval of the consent agenda. All in favor, please say aye. 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 7 of 46 Group: Aye. W Mayor Lockwood: That's unanimous. Okay. Sudie, if we can move on to our reports and presentations with — actually, I believe we're going to hear Item No. 2 first. Motion and Vote: Councilmember Bentley moved to approve the Consent Agenda Items. Councilmember Longoria seconded the motion. The motion passed (7-0). REPORTS AND PRESENTATIONS Items No. 1 and 2 were switched by Motion and Vote under Approval of Agenda Sudie: This is appreciation plagues for city of Milton Board Members Mark Bittner, Joey Costanzo, Lauri Goodling, Brenda Hamstead, Susan Kimball, and Mike Stevens. This is being presented by Councilmember Matt Kunz. Mr. Kunz: It's always dangerous to have a microphone in front of a politician at this point in time. Okay. Thank you all very much for coming. And one thing I've always believed is, as many of you know, this is my last meeting here. And I couldn't have done it without the help of so many people. And one thing I've always done is try to recognize those people that have really done the work in all of the committees that we serve as volunteers. You may not realize this but a lot of people take time away from their families to help decide on the direction of our city and give advice to the council that a lot of times we agree with. Sometimes we do not. But in any case, we really work on this. So, as councilmembers, we all get a stipend that we can use. And I've always chosen to use my stipend to say thanks to my appointees because maybe it's from my old football coaching days. When you're an assistant coach or whatever, you just do that sort of thing. But I really appreciate it and just want you to know. So, what I will do is I will call you one by one and have you come up here. I have a plaque for all of you. And when you get it, I'd like you to come up here and with your Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 8 of 46 8 family. And then, we're going to all take a picture together. And that will be for Tammy to do as well. And then, we listen to her and she'll tell us what to do. First of all, I'm going to talk on the Milton Planning Commission. Mark Bittner. Mark is a neighbor of mine. He served on the HOA at Sable Point for a lot of years. And the HOA's are tough. And they don't even get paid for it, which is crazy. But Mark did it well. And I've always respected that. And so, when I asked him to be my appointee on the Planning Commission, he has been there the entire time all eight years. And he did a heck of a job. So, Mark, if you and Debbie would come on up and bring your family as well, I just want to say thanks. Come on right over here and just stand over here. So, Joe is not here, is he? So, on the Parks and Rec Committee, I have Joey Costanzo as well. Joey was actually a — he moved from Rick Mohrig's appointee on that position. He moved over to my district and I kept him on because he thought independently in a lot of ways. And we had a great relationship and a lot of tough Parks and Rec issues. And I just want to say thanks to Joey. He's not here right now but thank you, Joey Costanzo. We have a plaque here for him. Mike Stevens isn't here as well. I also want to say thanks to Mike Stevens. Mike sits on the Design Review Board and is a real estate agent around town. Very passionate about everything with regard to the city. And he's very influential on my campaign. He was not originally on that position but I put him on there later on and just want to say thanks to Mike Stevens as well. So, next, I'm going to go — we talked about the Milton Arts Committee. We created that a long time ago. And the idea for some of these committees is to go independent and become their own' 501 C(3). And the Milton Arts Committee is now independent, which is exactly as it was designed. And Lauri Goodling was my appointee on there. And she's different because while a lot of people talk about painters and sculptors, I wanted a storyteller. And so, she teaches creative writing at Georgia State. And I've written five books as well. And so, the stories are extremely important. That's why I put her up there. And a great asset to the city. And so, Lauri, come on up here. I've got a plaque for you. All right. Next, I'm going to do — on August 8, 2016, I decided we needed an equestrian committee. And with all of the horses that we Regular Meeting of the Milton City Council 9 Monday, December 16, 2019 at 6:00 pm Page 9 of 46 have and our logo, we really didn't have a group of people coming together to really work together in my mind. So, I said, "Darn it, let's make them come together." So, I actually proposed the idea of creating an equestrian committee that the council accepted for the idea of trying to preserve that rural equestrian character of our community. And so, in doing that, we had now Councilmember Bentley and Councilmember Cookerly were members of that committee. But they also served with Susan Kimball. And Susan is a data person. She's very passionate about that, very rational in her approach. And I've had a couple of members of the current equestrian committee just say all kinds of great things about your being there. So, I just wanted to say thank you. And her husband, Drew, also lets me borrow her as well in this position. I'm so glad you're here. I couldn't have done it without you. So, Brenda, Hamstead. So, Brenda I met through the Republican Party. And she's very active in federal politics and state politics. And she's very influential in trying to deal with causes up there. But then, she had an interest in the local level as well after we got a chance to meet at some political events that were non -city related at first. And so, when I had an opening that came up on the Board of Zoning Appeals, which is a legislative body, your decisions are legal and legally binding in a lot of ways, I thought that was the position that she would take seriously. So, at first I put her on a couple of committees as well that were available. But then, when that came open, she jumped on there. She's done a great job. And she realized sometimes, it's not so black and white. Sometimes, you've got to figure out what does make sense. And so, I've told all of my committee members but I never told them how to vote. I've always asked them to vote how you want. Just let me know why you did the way you did. And that way, I'll be better informed about the decision. And that way, we'll make a better decision. So, Brenda, if you and Julian would come on up. And Julian, thanks for letting us borrow her as well. Thank you, Julian as well. And that's it for this section. So, do you want to take a picture? Mayor Lockwood: Does council want to stand up and everybody can get in here. [Picture taking] Regular Meeting of the Milton City Council 10 Monday, December 16, 2019 at 6:00 pm Page 10 of 46 Brenda: So, I'm speaking for all of the appointees. So, we got together and got you something. But we have loved our positions and our opportunities to serve that you gave to us. So, when we heard that you were giving us plaques, we wanted you to know how grateful you are for giving us the opportunity to serve the city and to put your trust in each one of us. So, this I hope you can remember well. Mr. Kunz: Yes. Oh, my gosh. We all make mistakes. Brenda; No, these were all great moments. Mr. Kunz: Thank you. [Picture taking] Mayor Lockwood: Can I just add one more thing, too. Just a heartfelt thank you to all of the volunteers and everything you guys have done because, as I always say, that's what makes the city of Milton so great is all of the citizens and folks that care and that volunteer their time and effort. So, you really do make a difference. So, thank you very much. Okay, Sudie, if you would please sound the next item. Sudie: Our next item, as recognition of Councilmember Matt Kunz, and this is being presented by Mayor Joe Lockwood. Mayor Lockwood: Okay. Tonight I have the pleasure of recognizing Matt Kunz for his service to the city of with a proclamation. Whereas Matt Kunz has a long history of tirelessly serving the city of Milton and its residents; and whereas he was elected as councilmember to represent District 2 in 2012 and has served in that capacity continuously to this day and served as mayor pro tern in 2016. And whereas Matt began his public service career as a six -year defensive coordinator for the Alpharetta Eagles football team at North Park. And whereas in addition to his duties as a city councilmember, Matt was a founding member, former president, and friend for life of the Friends of the Milton Library. And during his tenure the friends obtained permission to rebuild the Densmore Book Barn on county property. And whereas Matt has selflessly given countless hours of his personal time to work for and with the citizens of Milton to make this city that its residents are proud to call home. Regular Meeting of the Milton City Council 11 Monday, December 16, 2019 at 6:00 pm Page 11 of 46 Now, therefore, we the Mayor and the City Council of the city of Milton hereby recognize and with heartfelt gratitude thank Matt Kunz for his dedicated service to the city and its citizens. And this is given under my hand and the seal of the city of Milton, Georgia on the 16th day of December 2019. And Matt, if you could step forward. And council, if we could present you with this proclamation. And also, Matt, while I've got you up here, I've got a plaque here. And it reads, "City of Milton, Matt Kunz, our heartfelt gratitude for your service for the city of Milton and for your commitment as a member of Milton City Council, thank you. January 1, 2012 to December 31, 2019." Mr. Kunz: So, if my wife would come up here as well. She's as much involved in this as I am. I can promise you that. Mayor Lockwood: Next, I'll present you with the key to the city and you can [inaudible] [00:25:18]. Unfortunately, we changed all the locks in the city because of Matt. [Picture taking] Mayor Lockwood: Thank you very much. Mr. Kunz: So, I can't believe it's been eight years. So, there is a joke that President Regan told that I love. So, a Baptist minister and a politician both die in the same day and they go to the gates of Heaven. And they suddenly see St. Peter there. And St. Peter says, "I'm glad you're here. Let me now show you to your quarters." And the Baptist minister is all excited and he's walking behind St. Peter along some golden road. But the politician is a little bit nervous because he's a politician in Heaven. So, they're going through this golden road along some beautiful countryside. And there is a city that's just immaculate. And they walk up there and it's just fantastic. And they go make a left and they go over the hillside and they see this humble little cottage. It's not a whole lot, maybe the shire out of the Lord of the Rings. And they open up the door and there is inside a kitchenette and a cot and a bed and that's it. And the politician says, "If this is all I get, I'm okay with that." But St. Peter says, "Mr. Baptist minister, this place is yours." And the minister happily takes it and steps inside. And St. Peter shuts the door and says, "Now, sir, let me take you to your place." And he's Regular Meeting of the Milton City Council 12 Monday, December 16, 2019 at 6:00 pm Page 12 of 46 getting a little nervous, right. So, they start walking through the golden pathways and through the countryside. And they go over this hill and they see this enormous castle. And I'm talking with knights in shining armor riding around and sentries on top with flags up top. And you've got a mote around it. and you've got a draw bridge. And you walk inside and the draw bridge comes down. They go and see this feast on this elongated table that's just immaculate with servants and more knights and all of this. And St. Peter says, "Now, sir, this place is yours." And the politician says, "Okay, wait a minute. Don't you know what I was when I was back on earth?" And St. Peter says, "Oh, yeah. I forgot to tell you. We see thousands of Baptist ministers up here. But you, we're excited about you because you're the first politician that we've ever seen." I say that to keep it in mind because of what we do up here sometimes. And in 2011, my wife, Radonna, we've been through so much. This is all on tape, too. This will be great. My wife Radonna encouraged me to run. What I've realized is that none of the effort that I could have given would have been possible without her. The citizens of Milton have no idea how important the spouses are of us as candidates. This is your fault. You told me not to cry, right. So, I've depended on my wife's wisdom and her intuition and her compassion, her foresight, and I wouldn't have been able to give half of what I have without her. She's the strongest woman I've ever known. And before she leaves, you all have an obligation to go and thank her for all we've done in the city because I couldn't have done whatever I've done without her. So, Radonna, thank you. I want to thank the members of the staff, both past and present. You're the hardest working staff in Georgia. And it's always been my objective to give you the clearest direction possible. And I thank you for the help and support over the years. You have no idea how much I've needed you and even though I frustrated the you know what out of you many, many times. So, thank you. I want to thank the members of the council both past and present. Politics is a contact sport. And I enjoyed the game. I appreciated all your willingness to serve. And I know there are both good and bad days in this role. You never know how much good you can do or how much you can screw it up until you sit in this seat. I promise you that. And what we did well, we did well Regular Meeting of the Milton City Council 13 Monday, December 16, 2019 at 6:00 pm Page 13 of 46 together. What we didn't do well, we usually had a split decision. So, just keep that in mind going forward. And finally, I want to thank the citizens of Milton. You'll never find a more engaged group than all of you in our community. Our legacy is not our roads, it's not our bridges, it's not our buildings or our trees or any of that. Our legacy is in the hearts and God given talents of every single one of you. And I've always done my best to bring out those talents in a positive way. Bringing out your creativity and belief in a vision for tomorrow that is greater than where we were yesterday. You're the best part of Milton. And all you have to do is remember to believe it. As for me, thanks again. Radonna and I are looking forward to new adventures. And whatever we wind up doing, we'll do together. And that's the only way to do it. And one day, our roles end for all of us up here. And 1, too, hope to see St. Peter up above. And he if he lets me in Heaven's back door, that's good enough for me being a politician. I'd be eternally grateful. And so, I just want to say thank you all. And I'm sure I'll be seeing you all around. Thank you. Mayor Lockwood: Well, again, I want to thank you, Matt. And thank you all in the audience here for being here tonight. Sudie, if you would please call the next item. Sudie: Our next item this evening is a presentation and proclamation establishing the partnership between the city of Milton and the 2020 United States Census. Ms. Michelle McIntosh -Ross. Ms. McIntosh -Ross: Good evening. All right. Good evening, again. So, I just wanted to give a presentation before we do the proclamation. Most of these slides we looked at October 21 to be exact. But since we're getting closer to the census and, in fact, next Monday is 100 days from the census, I just figured we'd talk about it a little more. And I have a couple new slides. So, now we're 107 days away from census. And so, we're going to commemorate that with the proclamation. So, this is what we'll talk about today. Most of the slides you've seen. And then, we'll have a few new ones. Introductions and talk about what and why the census. Also, what the city did to prepare until now and what we will do r moving forward to get everyone counted. And then, I'll just remind everybody about the schedule. And then, we'll look at some of the Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 14 of 46 14 local implications. So, the census is the official count of the population. And it happens every 10 years. And so, we have the census coming up 2020. April 1 will be that date. The census has been going on since 1790. And it divides up based on the population what has been in the past $675 billion in federal funds or so that goes towards roads, public works, hospitals, schools, etc., social programs. And of course, that number will increase but that's the number we have. And it's allocated to the states and counties and so on every 10 years. The amount that Georgia worked out for each person is $1,600.00 per person based on that $675 billion and per the population that Georgia was able to collect in 2010. And we're going to do a math exercise a little later on in here. So, if you think of folks who hadn't responded to the census, we would be short by $1,600.00 for each of those people who didn't respond to the census. Another thing about the census, it's used to determine the legislative representatives at every level of government, including city of Milton because the districts are based on where the population lives and so on. So, those can move around based on additional populations and so on. Therefore, any under count could skew those district lines. The census is used to calculate population projections for all of the things we do in business, location of businesses, services, and in long range planning. And we'll talk a little bit about that moving forward. This is just a snapshot of the 2010 census of those states that gained and lost district apportionment, congressional districts. So, this is one of my new slides. This is what the questionnaire would ask for. So, they're saying it's going to take 10 minutes to fill out this questionnaire. It's all answers that you know already. It's all about yourself. So, it says here how many people are living or staying at your home. So, that includes if you're renting or if you own, the situation of I know some folks are renting and they're building their house out in Cherokee. Even if you're going to be moving in two months, if you're in Milton on April 1, you need to be counted so that we can get that count. And the same for anywhere. Wherever you are on April 1, that's the address that you need to be counted at. So, don't think because you're moving in two months or two days — if you're there on April 1, that's your address. Also, Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 15 of 46 15 the questionnaire will ask about the sex of each person in the household and age of each person in the household, the race of each person in the household, whether each person is Hispanic, Latino, or of Spanish origin and also the relationship of each person to the head of household or whoever is filling out the questionnaire. Something we mentioned last time, this year — this census coming up will be the first time that the questionnaire will be available online. And you can fill it out online. You can use any platform, desktop, laptop, cell phone, iPads, whatnot. You can fill it out at kiosks. Kiosks would be provided at maybe the library, post offices I've heard also. We're thinking of providing some kiosks here at City Hall and some other places to get folks who don't have internet to be able to use it. Also, you can ask for a questionnaire by phone. You can talk with somebody on the phone and they'll help you fill out that questionnaire. And it can be — it's 12 languages. So, there are a lot of languages that you'll be able to talk to somebody. Also, you can request a paper copy and fill that out the old-fashioned way and put it in the mail. Your information is private and secure. And it's your civic duty to do this. So, hopefully, everybody will respond. Just two points here that in 2010, Milton's published number was 32,661. And we didn't have 100 percent response rate. It was more like 80 something. We'll get into that a little bit later. But that's the number that we have. And based on that number, we do projections. And our estimated 2020 population is 40,000. And several statisticians projected this. Also, my estimates, I've pulled building permit numbers with the residential units. And then, I multiply by 2.7, which is the estimated average household size, which, again, is an estimated number from the 2010 census. So, there is a lot that goes into that number. So, we're projecting to be 40,000. This is just a little bit about we've been working on this for years now since 2017. We've been working with the census on updating addresses. And then, we also worked this year to hand them the new residential permits, residential homes that would be built by April 1. So, we should have all of those addresses. And this is what we're going to be doing moving forward. We've already started with some community engagement, which is why I'm here again on this last day of council meetings. But next 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 16 of 46 16 Monday is 100 days from the census but we won't be meeting. It will be almost Christmas. That will be 100 days from the census. We're going to be promoting it at events. We had our table out here at the Volunteer Appreciation Dinner. And we'll have tables and try to promote throughout. We also are forming a committee with volunteers. And if you guys have any names that you want to pass on to be on the committee, let me know or let Cody Hendricks know. We'll work it out. We're thinking we'll have our meeting January 23 or so. We'll have our first meeting. And what these folks would do is help us go out and talk to their HOAs and talk to their churches and whatnot about the census to help with the awareness. That's what it is about the — out into the community. So, again, here is the schedule. So, early March of 2020, you will get a post card in the mail letting you know that the census is coming. And it will give you information about going online to fill your questionnaire out. If you snooze on that then, you'll get another reminder. But please try to fill it out. I'm talking to the folks at home as well. Then, census day is April 1. And then, after that, if we didn't get a response then, this is when we'll have the door to door. And we need the volunteers to try to come out to help people respond to the census. So, come May and July of 2020, that's when they'll deploy folks to come out to knock on doors to make sure to count everybody. And then, in August, the data collection is over. Hopefully, we'll have 100% count by then. And then, by December of 2020, the number will be reported to the president of the United States. Okay. So, here is my new slide. And this is my math exercise, which just talks about that $1,600.00 per person that Georgia was able to work out what they estimated dollar amount for each person in federal funding is. So, let's just say to be easy with the math if we missed 100 people in the county then, $1,600.00 times those 100 people times 10 years because it's every 10 years. So, then the state would have missed out on $1.6 million. Now, I have a note down here that my response rate numbers are just for demonstrating purposes because I recall what the response rate was, but I don't remember exactly what number it is. But I know Georgia's response rate for the 2010 census was something like 72% or so. So, Georgia's population is about 10.5 d Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 17 of 46 MA million people as of 2018 or so. That's an estimate. Then, with the 72% response rate then, that's $7.56 million. We were short by 2.94 million people. And then, if you do the $1,600.00 times the 2.94 million people over the 10 years then, Georgia missed out on $47.4 billion over those years. Now, just take, for instance, Milton, our response rate was something like 87% or so. And we're estimating that 40,000 people. So, then at 87%, that's only 34,800 people that would have been counted. And then, we would be short by 5,200 people. If you do the math with the $1,600.00 times the 5,200 over the 10 years that loss of response rate would have equaled something like $83.2 million. So, if you think of it that way, you'll see how important it is to get everybody counted. So, this slide talks about, as you can see, these are council districts. And you can see how it's jagged and whatnot. And so, based on the fill of residential units throughout, you can have changes in those district lines. Now, as far as the Finance Department goes, these are our departments, the sales tax share and the local option sales tax as well as the transportation special option sales tax, those are all based on population. And it's based on when Fulton County gets those tax dollars, it is spread out through the Fulton County cities based on the population. So, think of it this way. If Milton were to get 100% of our folks counted and then, Johns Creek and the rest of them didn't get 100%, we actually will get more. So, we'll see. Also, public works. We need that population data for infrastructure projects. A lot of the funding that we use for our roads and bridges and all of those things, portions of that is federal money. Of course, that all comes to Georgia based on what Georgia population is and distributed throughout. Also, public safety, the Fire Department, the ISO rating, which is the insurance service office rating, there is a lot of check points in there that rely on census data. Also, crime stats is based on the population and census data. Parks and Rec needs these numbers as well for all of the service provision. We need to know what the level of service is and what it should be. There are also benchmarks in Parks and Rec that use population data in community development and economic development. It's very important for long range planning and to figure out the market in every economic development study, every market study. We need to know what our population is. All of the businesses ,v1J. "VIlItIGy. JV, 11 ulcy 1caluc 111 lvlllwll uut a11c; away at wllcgc, yvu UU1I i count them. Regular Meeting of the Milton City Council 24 Monday, December 16, 2019 at 6:00 pm Page 24 of 46 the December 2 city council meeting. Mr. Parag Agrawal. Mr. Agrawal: So, thank you, Sudie. You have done most of the work already. Parag Agrawal, Community Development Director. Today, we are here to present you the Application No. U 19-02. Along with this use permit application, we also have a 15-part concurrent variance. The application number is VC19-03. The property is located at 16040 Birmingham Highway. Today I also have with me our zoning manager, Robin McDonald. Robin is the project manager of this use permit application and she is also the primary author of the staff report. Moving forward, the applicant is requesting a use permit to operate a landscaping business in the AG1 zoning district. Along with this use permit, they are also requesting a 15-part concurrent variance. Just some general information, which is part of the application itself. The applicant is Ashford Gardeners. The business is currently in operation. In fact, this business has been in operation since 2000. And as part of this application, the applicant is not proposing to expand its existing business operations. The total property is around 3.5 acres. And as I mentioned, it is zoned as AGI. This property lies in the Birmingham Comprehensive [inaudible] [01:05:131 area of the city's comprehensive plan. Some more general information. As I mentioned, this business has been in operation since 2000. And this business, basically, specialized in landscape maintenance and installation of plants on both commercial and residential properties. This business employs around 20 employees. There are three maintenance and three installation vehicles and several small trucks and equipment on the property. Just as a background, recently it was discovered that this business does not have any use permit, although it has been in operation since 2000 either from Fulton County or from the city of Milton. The use is not grandfathered in and, therefore, the need of a use permit for the landscaping business. Coming to the location map, the subject property is shown by this red highlight. This is Birmingham Highway. This is the Birmingham Crosses Area. Coming to the zoning and the future land use map, the zoning map as zoned is basically shown on the left-hand side of this image. As you can see, this property and the area adjacent to this property is zoned as AG 1. 1 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 18 of 46 18 want to know what the head count is, the households, number of households so that they'll understand how much sales potential retail impact that we can have. So, very important numbers. Also, for in writing grants. There is a lot of formula -based funding grants, which just completely based on what your population census data is and they distribute money based on that alone and some other things. Other grants are evidence -based funding. You have to provide evidence for why you want this money. And so, I and any other grant writer needs to have that population data to submit to fulfill that requirement for the grants. Also, state agencies. The very folks that offer the grants, DNR, VCA, ARC, they all get their federal funding from the Georgia population count. So, it just really all goes back to the census. So, now here is just a graphic of our TSPLOST. As you can see, it says here TSPLOST funds are split between the cities and the unincorporated areas of the county based on population. So, based on census data, the anticipated TSPLOST, and it's already been passed, this was a 2016 text, the TSPLOST revenue was calculated and allotted to Fulton County and the cities as follows. So, it shows here. And as you can see, it's all based on what each of the city's population was. So, like I said, if we can get our 100%, we'll be doing better. So, just to recap. The 2020 census will be easier than ever, hopefully, to be able to fill out online. Do your civic duty to fill out the questionnaire. All of your data will be private. We're going to be sharing up maybe, I don't know, $700 billion. Who knows? And it also, like I said, is fair representation at stake for Georgia and the city of Milton. And this data is just invaluable. Any questions? Mayor Lockwood: Laura? Ms. Bentley: If you have college students, they don't reside there on April 1, how do you handle that? Ms. McIntosh -Ross: Well, the census goes out to college campuses, group quarters and whatnot. So, if they are there on April 1 then, that's their address. If they are home on April 1 then, their address at home will be counted for. Ms. Bentley: So, if they reside in Milton but are away at college, you don't count them. Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 19 of 46 19 Unknown Male: They get counted where they're in school. Ms. Bentley: Okay. And then, my second comment is about our gates for when you do have to go to knocking on doors. We have a lot of gates. You just might want to let people know. I don't know if we give the gate codes out. Ms. McIntosh -Ross: Oh, for the subdivision gates? Okay, yeah. Ms. Bentley: Or the farms. Ms. McIntosh -Ross: Yeah. That's true. Ms. Bentley: Just as a thought, you might want to let people know that the people coming in the gates are the census. Ms. McIntosh -Ross: Yes. You have a comment? Unknown Male: Yeah. One of the things that we're trying to do as part of the recruiting is that we want to make sure that we have people that live in those gated communities be part of the volunteers so that when someone has to go knock on a door, it's somebody that you're familiar with so you'll be more than likely to let them come in and actually help them fill the form out. So, that's why the recruiting part is so critical because we do have so many gated communities here in Milton. Mayor Lockwood: Matt? Mr. Kunz: This should go without saying but if someone next week or a few weeks from now decides they want to volunteer; they can contact the city as well and we'll get them in touch with — Ms. McIntosh -Ross: Yeah. And then, we'll pass it on. Mr. Kunz: You guys will pass it on. Okay. Mayor Lockwood: Anybody else? Unknown Male: Or they can just go to our 2020census.gov/jobs website. Mr. Kunz: There you go. Good plug. Unknown Male: Not only do we have volunteers, but we pay you if you volunteer Regular Meeting of the Milton City Council 20 Monday, December 16, 2019 at 6:00 pm Page 20 of 46 $22.00 up to $24.00 an hour. Mr. Kunz: All right. Unknown Male: Decent money. Ms. McIntosh -Ross: Does that change some minds here? Unknown Male: Tammy says I'm signing up, right. Mayor Lockwood: Well, a couple of things. A takeaway to kind of recap and things that I think are important are 1.) that the information is private. Some people might be concerned about that. But it's not. 2.) The dollar amount is huge for what the city gets and for every lost opportunity. So, that's a really big deal. I know, Ed, you said you were 33 folks short. That's why I kind of had you mention something before everybody left. So, before I think we had it covered in the audience. But, unfortunately for those that have stuck around here, you better get yourself and a significant other or a spouse or a friend and get out there. I want to say, obviously, too, as far as from the city's perspective, obviously, it benefits our citizens. So, if we can communicate that through our Communication Department as heavily as we can to get the word out because, again, it's very important to get an accurate number. So, we appreciate everything you guys have done. And thank you, Michelle, for the presentation. Ms. McIntosh -Ross: Okay. Thank you. So, there are no more questions. So, the mayor will now read a proclamation. And this proclamation is established in the partnership between Milton and the census and also to commemorate that next week will be 100 days from April 1, 2020, which is census day. Mayor Lockwood: Okay. I'm going to read the proclamation first and then, I'll ask Ed and Sky to come up. And I'll present it to you. And this proclamation that I have is a proclamation establishing the partnership between the city of Milton and the 2020 United States census whereas April 1, 2020, commemorates National Census Day. And December 23, 2019 marks 100 days until Census Day. And whereas the US Census Bureau is required by the US Constitution to conduct a count of the democracy. And whereas the city of Milton is committed to ensuring every resident is counted. And whereas an accurate census count is vital to our community I Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 21 of 46 Picture taking 21 and residents' wellbeing by helping planners at the city, county, and the state determine how to better serve the community. And whereas federal and state funding is allocated to communities and decisions are made on matters of national and local importance based in part on census data. And whereas census data helps determine how many seats each state will have in the US House of Representatives and is necessary for an accurate and fair redistricting of state legislative seats, county, and city councils, and voting districts. And whereas information from the 2020 census are vital tools for the city's budgeting process, community and economic development, planning for levels of service, and provision of roads, parks, and public safety. And whereas the information collected by the census is confidential and protected by law. And whereas a united voice from business, government, community based, and faith -based organizations, educators, media, and others will enable the 2020 census members to reach more of our citizens. And now, therefore, be it therefore resolved that the city of Milton is committed to partnering with the US Census Bureau and the state of Georgia and will 1.) support the goals and ideas for the 2020 census and will disseminate 2020 census information. 2.) Will encourage all city residents to participate in events and initiatives that will raise the overall awareness of the 2020 census and increase participation. 3.) Provide census advocates to speak to city and community organizations. 4.) Support census takers as they help our city complete an accurate count. 5.) Strive to achieve a complete and accurate count of all persons within our borders. And this is given under our hand and the seal of the city of Milton Georgia on the 16t' day of December 2019. And if council would join me with — if Sky and Ed would step forward. FIRST PRESENTATION Mayor Lockwood: Okay. We'll move on now to our first presentation. Sudie, if you'll please read that item. Sudie: Consideration to amend a Milton tree canopy conservation Regular Meeting of the Milton City Council 22 Monday, December 16, 2019 at 6:00 pm Page 22 of 46 ordinance to provide for a time extension on the ability to use the density -based tree conservation ordinance or the canopy -based tree conservation ordinance in the city code, Agenda Item No. 19-271. Mayor Lockwood: Okay. Do I have a motion on the first presentation? Mr. Kunz: Yeah. I'll make a motion that we approve the first presentation as read. Mr. Mohrig: Second. Mayor Lockwood: Okay. I have a motion from Councilmember Kunz with a second from Councilmember Mohrig. All in favor, please say aye. Group: Aye. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 19-271. Councilmember Mohrig seconded the motion. The motion passed (7-0). ZONING AGENDA Mayor Lockwood: That's unanimous. All right, Sudie, we will move on to our next new business item. Sudie: The next item is our zoning. At the second regularly scheduled meeting of the month, the Mayor and City Council considered zoning agenda. These items include rezoning petitions, modifications of zoning, use permits, and associated concurrent variances in addition to ordinances, resolutions, and text amendments. I would like to acquaint you with some of the rules and procedures for the zoning item. The applicant and all of those speaking in support of an application will be allowed a total of 10 minutes to present the petition. Those called to speak will be taken in the order that the speaker cards are received by the City Clerk Department prior to the beginning of tonight's meeting. If you are speaking on behalf of a group or organization, an affidavit must accompany your public comment card. Before beginning your comment, please identify yourself by name and address. Regular Meeting of the Milton City Council 23 Monday, December 16, 2019 at 6:00 pm Page 23 of 46 We have one zoning item this evening. Consideration of U19- 02NC 19-03 located at 16040 Birmingham Highway State Route 372 by Northleach, LLC, Ashford Gardeners, Inc., for a use permit for a landscape business, Section 64-1820, with a total of 5,900 square feet, 3,443, square feet existing of structures on 3.5 acres with the following 15-part concurrent variances. Sec. 64-416 (c) (1) Part 1: To reduce the side building setback from 25 feet to 4 feet on the south property line to allow the existing barn/storage building to remain. Sec. 64-1820 (1) Part 2: To allow retail or wholesale sales on the property. Sec. 64-1820 (2) Part 3: To allow the proposed building to exceed 2,000 square feet and the total square footage to exceed 5,000 square feet. Sec. 64-1820 (3) Part 4: To permit the design of the proposed 2,400 square foot building not comply with the Rural Milton Overlay District. Sec. 64-1820 (4) Part 5: To delete the 75- foot use area, storage areas, or structures setback adjacent to the north and south property lines. Sec. 64-1820 (5) Part 6: To allow a total of 14 employee parking spaces on the site. Sec. 64-1820 (7) Part 7: Hours of operation and vendor material deliveries shall occur between the hours of 6:30 a.m. and 7:30 p.m., Monday through Friday. Sec. 64-1820 (9) Part 8: To allow the landscape debris/soil composting area to be located on the ground. Sec. 64-1142 (a) (3) Part 9: To delete the requirement of the 50-foot undisturbed buffer and 10-foot improvement setback adjacent to the north and south property lines. Sec. 64-1142 (b) (2 Part 10: To delete the requirement for parking lots to be screened from view of any public street by a 15-foot-wide landscape strip planted to buffer standards. Sec. 64-1142 (b) (3) Part 11: To allow the dumpster not to have an enclosure. Sec. 64-1142 (g) (3) b. Part 12: To allow a 2,400 square foot new building to be located 165 feet from the landscape strip. Sec. 64-1142 (h) (2) a. Part 13: To allow none of the following materials to be used on the new 2,400 square foot building; clapboard siding, brick, and stone. Sec. 64-1142 (h) (2) c. Part 14: To allow the exterior building walls to be made of metal panel systems on the new 2,400 square foot building. Sec. 64-1142 (h) (4 Part 15: To allow no windows on the new 2,400 square foot building. This is Agenda Item No. 19-259. It was under first presentation at Regular Meeting of the Milton City Council 24 Monday, December 16, 2019 at 6:00 pm Page 24 of 46 the December 2 city council meeting. Mr. Parag Agrawal. Mr. Agrawal: So, thank you, Sudie. You have done most of the work already. Parag Agrawal, Community Development Director. Today, we are here to present you the Application No. U19-02. Along with this use permit application, we also have a 15-part concurrent variance. The application number is VC 19-03. The property is located at 16040 Birmingham Highway. Today I also have with me our zoning manager, Robin McDonald. Robin is the project manager of this use permit application and she is also the primary author of the staff report. Moving forward, the applicant is requesting a use permit to operate a landscaping business in the AG1 zoning district. Along with this use permit, they are also requesting a 15-part concurrent variance. Just some general information, which is part of the application itself. The applicant is Ashford Gardeners. The business is currently in operation. In fact, this business has been in operation since 2000. And as part of this application, the applicant is not proposing to expand its existing business operations. The total property is around 3.5 acres. And as I mentioned, it is zoned as AGI. This property lies in the Birmingham Comprehensive [inaudible] 101:05:131 area of the city's comprehensive plan. Some more general information. As I mentioned, this business has been in operation since 2000. And this business, basically, specialized in landscape maintenance and installation of plants on both commercial and residential properties. This business employs around 20 employees. There are three maintenance and three installation vehicles and several small trucks and equipment on the property. Just as a background, recently it was discovered that this business does not have any use permit, although it has been in operation since 2000 either from Fulton County or from the city of Milton. The use is not grandfathered in and, therefore, the need of a use permit for the landscaping business. Coming to the location map, the subject property is shown by this red highlight. This is Birmingham Highway. This is the Birmingham Crosses Area. Coming to the zoning and the future land use map, the zoning map as zoned is basically shown on the left-hand side of this image. As you can see, this property and the area adjacent to this property is zoned as AG1. Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 25 of 46 25 We have the land use map. This property is classified as AEE on the future land use map. AEE stands for agriculture, estates, and equestrian land use category. We have some LDR, which is low density residential, right in front of this property. And then, there is the PRC, which stands for parks, recreation, and conservation, at the rear side of this property. Just to summarize the request, the applicant is requesting a use permit application to operate a landscaping business. There will be approximately 5,900 square feet of buildings on this property, on this 3.5 acres. And they are also requesting a 15-part concurrent variance. Coming to the site plan — Unknown Female: So, you're not going to be able to show both. Mr. Agrawal: So, this is the Birmingham Highway. This is the existing office building, which is around 1,800 square feet of existing office building. Along with this existing office building, there are three additional existing buildings, three additional storage buildings. This is the first building. And the first building, second building, and this is the third storage building. The applicant is proposing to have the fifth building, so there are for existing buildings, one is the office building, and three are the storage buildings. The applicant is proposing to construct a pole barn building to store the vehicles to park the vehicles over here. So, they are proposing to construct 2,600 square feet of a proposed building to park the vehicles at this location. Currently, there are two entrances. This entrance is, basically, used for the office workers. And the entrance over here is, basically, used for the vehicles. This property at the back also has these stream buffers, 25, 50, and 75 feet stream buffers. And the applicant is not proposing to disturb these stream buffers over here. The applicant is also proposing to plant this tree line on the northern part of this property. Coming to the public parks space, a CZIM meeting was scheduled on October 29 and five community members participated in this CZIM meeting. There were some questions, some concerns. 1.) Were citizens wanted to know the location of the new building or whether it would be seen from the Birmingham Highway. The second was the applicant proposing to expand the business operations as part of this use permit application, which they are not. There were also Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 26 of 46 O some questions about the hours of operation. This application went in front of the Design Review Board on November 5, 2019. The Design Review Board was in favor of this project. And some of the comments were the pole barn building for storage is a great idea and we do not want to turn away the existing business owners. This application was also supposed by the Planning Commission on November 20, 2019. Starting with the use permit application, whenever we look at the use permit, as per the City Zoning Code, a property has to comply with 10 conditions. So, the first condition is whether the proposed use is consistent with the city's comprehensive land use plan. The existing landscape, as I mentioned, is an AEE land use category. A landscaping business is allowed to use if a use permit is granted by the city council. So, therefore, the proposed use is consistent with the current comprehensive land use plan. The second condition is whether the landscaping business is compatible with the land uses and zoning districts in the vicinity. So, as I mentioned, this is the property. And as you can see, it's AG1. Surrounding this property, it's all AG1. And we have some Cl, which is the Birmingham Crossroads Area. So, landscaping business is compatible with the land uses and the zoning districts in the vicinity. So, I will not go line by line. I will not go all of these 10 conditions. They are stated in the staff report. But the third condition is whether the proposed use violates the local state and the federal statutes. Fourth is the impact on traffic flow and on adjacent streets. Fifth is location and number of off-street parking spaces. Sixth is amount and location of open space. 7.) Is [inaudible] [01:11:54]. 8.) Is hours and manner of operations. 9.) Is outdoor lighting. And the last is egress and ingress requirements. So, as stated in the staff report, based on the discussion of the staff report, the staffs recommendation is approval with conditions for the use permit application for the landscaping business. So, as I mentioned, the applicant is also requesting a 15-part concurrent variance, which we have basically classified into three categories. The first category is to get relief from the AG1 category. Parts 2 through Parts 8 is to get relief from the landscape use permit development standards. And from Parts 9 to Parts 15 is to get relief from the [inaudible] district. So, as you know, whenever the city council reviews the variance applications, there is a four-part test. Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 27 of 46 27 1.) You have to look at whether the relief, if granted, will not offend the spirit or intent of the zoning ordinance. 2.) Talks about the hardship and unnecessary hardship due to size, shape, or topography. 3.) Is relief, if granted, would not cause substantial detriment to public good. And 4.) is public safety health and welfare are secured. And each of these considerations were discussed for each of these requests in the staff report. And the staff recommends approval conditional for all of the 15 requests. So, although it's stated in the staff report but Robin would, again, just would like to go over all of these 15-part concurrent variances just for the public record. Ms. McDonald: Good evening, council. I'm glad to be here tonight. I just wanted to reiterate the Planning Commission recommended approval six to zero for both the use permit as well as all fifteen concurrent variances. So, that was the result of the Planning Commission when it went before them on November 20. But to continue on with the report, again, I went into detail about the different four- part consideration for each concurrent variance. So, if you have specific questions after I go through these 15 items, I'd be happy to review that with you. The first item, as Parag had said, was the variances are put into three different piles. So, the first one is we look at the AGl district. And there is an existing approximately 100-year-old structure that's on the property. It's been there. This property had previously been subdivided at some point in Fulton County. And just for your information as staff looks at subdivision of property, if we see that it causes a nonconformity, we asked the property owner either 1.) to remove it or to come to the Board of Zoning Appeals to fix that problem. So, for instance, this barn is 4 feet away from a property line. So, the ordinance requires 25 feet. So, therefore, the applicant is asking to make this into compliance at this point in time. So, again, we recommended approval based on the location df it. It's not seen from the street. And it's existed there for approximately 100 years. Part 2, this is going to — we're going to start looking at the concurrent variances that deal with the use permit itself, the landscape business. And there are quite a few different development standards. And because this is an existing business, there were requests for quite a few just in regard to the development standards as a use permit. The first one is to allow retail or wholesale sales on the property. 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 28 of 46 28 The applicant states that there are occasions when clients want to purchase extra plants from the business. And the applicant wants to continue allowing this to happen. So, what their example was, they go out, do an installation to a private residence. And they love the flowers, the flat of pansies or whatever it is. And they're like, "Man, can you come out and plant some more?" And it's like that would be a bunch more money but okay, I'll just come and buy some from you and I'll go ahead and put them in myself. So, that's the example of retail. So, it typically isn't like maybe at Scottsdale down the road where people go. And that's the reason why they go there is to purchase on a retail basis. So, staff recommends approval of this request as well. And there is explanation in the staff report. The third one is to allow the proposed building to exceed 2,000 square feet and the total square footage to exceed 5,000 square feet. And so, a few years back, just for some background, the Planning Commission did a great amount of work in reviewing and revising the landscape business. So, this is use permit. This is not the same use permit that existed when we became a city. And so, they really looked at it as a case by case basis when somebody would come to do a landscape business. And they also — I think the goal for them was to keep it as uncommercial looking as possible. And so, one of the ways that they did that was to make a proposed, and you all approved it, I don't want to make them — you all, ultimately, approved this use permit when it came before you the standards. And so, one of the requirements is that you can't exceed 2,000 square feet and a total of 5,000. So, the applicant proposes a 2,300 square foot building. It's actually a pole barn, a one-sided pole barn for commercial vehicles since only 2 commercial vehicles are permitted to be parked in the open. Vehicles will be parked in and away from view from Birmingham Highway. So, it was chosen by the applicant to go ahead and tuck all of the remainder of the work vehicles behind in the back and then, to cover it as required by the use permit. But it was a double-edged sword because the use permits also said you can't exceed 2,000 square feet. But really to fit all of the vehicles in correctly, you had to have 2,300 square feet. So, it was decided that it would be better to put them under cover than to leave them out. And so, ultimately, staff recommends approval conditional of Part 3. Part 4, to permit Regular Meeting of the Milton City Council 29 Monday, December 16, 2019 at 6:00 pm Page 29 of 46 the design of the proposed 24 square foot building not comply with the rural Milton overlay district. So, many of the rural Milton overlay district is more traditional building. Whereas what they're proposing to do is a traditional pole barn, which is very typical and similar to many structures in Milton's rural past. Additional related variances will be discussed under the rural Milton overlay as well. And staff recommends approval conditional of this request. So, this is a little confusing because the use permit says that it shall comply with the overlay district. So, when we sought advice from the City Attorney, I couldn't just push this away and ignore it and then, just go on to the rural Milton overlay. I needed to deal with both of them. So, that's why it seems a little contrived and a little confusing. But we have to cover everything. But it will become clearer as we get to the third pile of variances. Part 5, to delete the 75-foot use area, storage areas, or structure setback adjacent to the north and south property line. So, on the site plan, there is a lot of existing — there are some existing structures. For example, the old barn is too close and there are some other storage structures on the north property line. And so, instead of taking everything away, the applicant is requesting relief from that setback standard. And also, the fact that if you put that setback standard in, 75% of the site could not be utilized. And I just want to make a note that the new proposed 2,400 square foot pole barn is not within that 75 feet. So, it's being built outside of the required 75-foot use area setback. And we, again, recommend approval. Part 6, to allow a total of 14 employee parking spaces on the site. Again, the use permit speaks to only allowing six employee parking spaces. The applicant states that 14 spaces are needed for the 20 employees of which some carpool to work. The location of the spaces is not in view from Birmingham Highway, except two spaces by the office. And staff also recommends approval. So, this is a picture on the southern portion of the property looking from Birmingham Highway. And it's kind of hard to see and this is wintertime, too. So, staff recommends approval. Part 7, hours of operation and vendor material delivery shall occur between the hours of 6:30 a.m. and 7:30 p.m. Monday through Friday. The applicant states that due to peak traffic congestion in the a.m. and p.m., employees arrive before and leave after the heaviest congestion. And that was Regular Meeting of the Milton City Council 30 Monday, December 16, 2019 at 6:00 pm Page 30 of 46 their reasoning and request for one hour earlier to be started at 6:30 a.m. instead of 7:30. Part 8, to allow a landscape debris soil composting area to be located on the ground. So, if you look at the site plan halfway back on the site, you'll see an area that has defined as the composting area. And what happens is that there is a large farm about 40 acres just north of the property. And Ashford Gardeners has an agreement with the farm that they take their manure and they have a gate opening and the farm brings the manure over to Ashford Gardener to this composting area. And they have the manure brought there and then, Ashford Gardeners uses lawn and landscape debris and they create a composting area. So, it's on the ground. It's not in a structure. And if you have more questions for the details, you can I'm sure be able to ask them about it. But that's the reason why they are asking for that variance is that it's not very practical to be able to create this composting material in a structure or in a container. And, therefore, staff is recommending approval conditional. Here it is. So, you'll see here is the composting area. And on the north property line where the farm is, there is a gate that they are able to access the composting area. I think it works a really nice, symbiotic relationship between the two uses. Part 9, to delete the requirement of the 50-foot undisturbed buffer and 10-foot improvement setback adjacent to the north and south property lines. So, based on the size and shape of the site, the required buffer and improvement setback would render the site undevelopable for the landscape business. And staff recommends approval of this. And this is where we're beginning to deal with variances relating to the [inaudible] [01:24:331 district of rural Milton. So, I just want to show you a little bit. On your site plan, you see this tree line. And it continues on down to the west. And then, there is tree line here. And they're proposing to have plant storage in other areas. So, this doesn't meet that 50-foot undisturbed buffer and that's why we're asking to delete it. But at the same time, if you end up approving this use permit, there is a condition in the set of conditions that say that, basically, it needs to remain in this state. So, let's say if in 10 years Ashford Gardeners sells to another company, the new company can't go and take down all of the tree line and take down all what's already there. They need to comply with this site plan if Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 31 of 46 31 you so choose to approve it. Now, if for some reason they want to modify it, they would be required to come back to you for zoning modification to the site plan. So, I just want to explain that a little bit more because it sounds very intense that it's deleting. And it's really not deleting it. It's just letting it allow to remain the way it is, but it does not comply with the letter of the law of the 50-foot buffer and 10-foot improvement setback. Part 10, to delete the requirement for parking lots to be screened from view of any public street by a 15- foot-wide landscape strip planted to buffer standards. And due to the minimum site distance requirements for the two entrances, this required landscaped strip planted to buffer standards can't be planted in such intense way. So, the applicant has proposed a landscape plan as you see before you and has supplemented the landscape along the frontage in such a way to still allow the site just at this required but to beef up some of the landscaping. And this is also included in the set of recommended conditions so that if you so choose to approve this, this will be the requirement for them to plant. Part 11, to allow the dumpster not to have an enclosure. So, in the rear — let me just go back to here. There is a proposed roll off dumpster location. So, this is, I believe, a 20-yard dumpster. And I wasn't really familiar with sizes, so I had to go look it on Google. And I'm like oh, my goodness, that's a big construction roll off dumpster. And so, the intent, typically, of the overlay district for an enclosure is your typical commercial strip that you have a dumpster with an enclosure and gate. And so, in this instance, staff is recommending approval because it doesn't make sense to put an enclosure around a 20-yard dumpster that nobody sees, and it rolls on and off of trucks. And, again, if you need more detailed information on the operation, I ask you to ask the applicant. Part 10, we did that one. And then, 11, the dumpster. We're recommending approval not to have an enclosure. Part 12, to allow a 2,400 square foot new building to be located 165 feet from the landscape strip. So, this speaks to the overlay district where we want buildings to be close to the street. And, obviously, having one-sided pole barn for the storage of trucks is not an appropriate placement of that type of building close to Birmingham Highway. And it doesn't function the way it would need to function. So, therefore, staff is recommending approval of that request. Part 13, to allow none of the following materials to be Regular Meeting of the Milton City Council 32 Monday, December 16, 2019 at 6:00 pm Page 32 of 46 used in the new 2,400 square foot pole barn. Clappered siding, brick, and stone. Again, this is a three -sided open pole barn design. And it does not fit with any of these building materials. The applicant's intent is to mimic the look of hay and tractor barns that were once prevalent in Milton. And the structure will also be hidden from view of the existing privacy fence. And staff recommends approval of this request. Part 14, to allow the exterior building walls to be made of metal panel systems on this new building. And the overlay district prohibits metal panel systems on buildings. There will be only one side of the structure with a wall. The proposed color will be a rural red color that is a typical color on agricultural buildings in Milton. In addition, it will be screened from view from Birmingham Highway and staff recommends approval. And lastly, Part 15, to allow no windows on this 2,400 square foot building. And, again, staff recommends approval of this. It's not consistent with the type of building that is being proposed to store the work vehicles that are required by the use permit. So, in conclusion, if approved with the recommended conditions, the proposed landscape business is consistent with the city of Milton comprehensive land use plan update and, therefore, staff recommends U 19-02 be approved conditional. Additionally, staff recommends VC19-03 Parts 1 through 15 be approved conditional. So, again, here are the conditions. You have them in your packet as well. I'll just go briefly over the highlights of them. If approved with all of the concurrent variances, days and hours of operation, including deliveries are Monday through Friday 6:30 to 7:30. And then, Saturday 9:00 a.m. to 6:00 p.m., which I just put that in there. But that is what is permitted by the use permit. To allow retail or wholesale sales on the property limited to the sale of plants, shrubs, and trees. And I believe that on this Power Point, it's numbered incorrectly but on the actual — so I don't want you to get confused. But in your packet, you'll have a set of conditions. And they will be correctly numbered. So, that would be 2A — I'm sorry, no. So, 2A is the site plan. No, this is correct. So, 2B is the hours of operations, 2C is to allow retail uses, 3A is — again, I'm just going through all of the different concurrent variances putting conditions to each of them. And then, just looking at 3G to delete the requirement of the 50- foot undisturbed buffer and 10-foot improvement setback adjacent Regular Meeting of the Milton City Council 33 Monday, December 16, 2019 at 6:00 pm Page 33 of 46 to north and south property lines as shown on the site plan submitted on September 27. So, this is the condition that holds them to what is out there currently. So, with that, if you have any questions, we would be happy to answer. Mayor Lockwood: Okay. At this point, are there any questions for our staff on this? Laura? Ms. Bentley: I have a question. So, one of the conditions is to condition this per the site plan. Ms. McDonald: Mm-hmm. Ms. Bentley: And so, minor deviations are okay but major deviations would — tell me how that process works. The applicant, if it changes, is it the honor system, they come into us, or do we check the site? How does that work? Ms. McDonald: Typically, it would be the honor system. Once Ashford Gardeners receives this, if they receive an approval for it and they build their pole barn and they put their roll away dumpster and they do the few things that are being added to it, they add their landscape strip, supplement and then, we'll go out and we'll make sure all of those things are done before they receive a CO for that work, a certification of completion or occupancy. So, after that, you're totally right. It's a matter of the honor system. It's hard to see what goes on behind there toward the back of the property. But I think an appropriate and a good business owner, if there are going to be any changes, would come to staff and say, "Hey, I want to do A, B, and C. Is that okay per these conditions?" And I would speak with Parag and we would discuss them. And if it's decided that it's of importance for you all to see again then, we would require them to come back for a zoning modification. Ms. Bentley: Thank you. Robin, I also just wanted to thank you for this report. It's quite thorough. Ms. McDonald: You're welcome. Ms. Cookerly: Thank you to both of you. It's quite good. Regular Meeting of the Milton City Council 34 Monday, December 16, 2019 at 6:00 pm Page 34 of 46 Mayor Lockwood: Any other questions for Robin right now? Joe? Mr. Longoria: Do you know if we've given a variance to any other businesses to operate outside of the normal business hours? Ms. McDonald: I couldn't tell you off the top — I'm sure — it's been 13 years' worth of use permits. And I'd have to do a little research. I suspect that we have. I think we have but I can't give you specifics. Mr. Longoria: Okay. Ms. McDonald: Yeah. It's not uncommon. Mayor Lockwood: Okay. Do we have any public comment on this? Sudie: We have two, sir. Mayor Lockwood: Okay. Sudie: First is from Scott Reese. Mr. Reese: Mr. Mayor, members of the council, I'm Scott Reese, Brumbelow- Reese and Associates doing business at 13685 Highway 9, Milton, Georgia 30004. I'm here tonight representing the Whittle Brothers, Ashford Gardeners, and their application for a special use permit to operate a landscape business located at 16040 Birmingham Highway, Milton, Georgia. A little background. George and Ed Whittle graduated from University of Georgia with degrees in horticulture, decided to pursue the American dream, start their own small business. So, in late 1999/early 2000, they purchased, closed on the property at 16040, trotted down to Fulton County and said we are going to operate a landscape business at this property. They were issued a business license and told go forth and prosper. That business license was renewed every year by Fulton County until, low and behold in 2006, the city of Milton was created. Once again, they went to the city of Milton, in this particular case, and said we have been operating this business since 2000 here at this location. We need a business license in the city of Milton. So, that business license was granted at that particular address, 16040 Birmingham Highway. And that business license has been renewed annually every year since then until 2019. So, they thought they had done everything that they were required to do. Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 35 of 46 35 So, they operated the business for 20 years, went on and along. And they put in a procurement bid and obtained a bid to do some work for the city of Milton. And as had happened with our local artist for the structure or the sculpture at Hopewell Park, it was discovered that they did not have a use permit. And they were operating in non-compliance. So, the reason we are here is to bring them into compliance. They are not adding onto the business. They are not changing the business. They are wanting to continue to operate in the same manner that they have. What happened is we took an existing business and then, we had a group of rules and regulations and we overlayed that on top and we ended up with 15 variances. And it sounds awful. And I hate it. And anybody that comes in the office with a new business and they say look, we need to do this, and I've said well, there are 15 variances, I'll take your money beforehand because you're not going to get it. But in this particular case, the business was here. They were there. I think Robin did a phenomenal job showing you we're n to trying to recreate the wheel or do anything abstract or detrimental to the community. The only addition that we're making is a building that when we met with staff and community input, would you rather have commercial trucks parked outside or would you rather have a structure that looks like a barn. And the consensus was the barn. Well, we opened a can of worms and we got seven or eight new variances that we needed. But we still feel like the barn is the best option as opposed to the commercial vehicles parked outside with their graphics and different things. I don't think it would really help for me to go through each and every one of these variances. I had rather as much as I like to hear myself speak and I know you do, too, I'd rather just answer any questions that you have in particular. And I think I'm going to try to reserve the rest of my time, if that's possible, in case if we have any opposition that I can try to address any concerns that they may have. George Whittle is here. His brother still thinking was in his teens crashed a four - wheeler yesterday and he is having an appointment with a knee surgeon today and tonight for that. So, through no reason, he's not here but George is here also. So, hopefully, he can also answer any questions. With that, I'm going to conclude my presentation. I have a Power Point that has pictures of barns and the amount of area that would 1 Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 36 of 46 NE be taken by the — if we overlayed the buffers on there, a before and after of the proposed planning. So, but I'm just going to hold that, and I really think Robin did an exceptional deal on that. So, thank you. Mayor Lockwood: Thank you. Sudie, you said we have another public comment? Sudie: Yes, from George Whittle. Mayor Lockwood: Okay. Mr. Whittle: Hello. Thank you, Mayor. Thank you, council. George Whittle, Ashford Gardeners. My brother and I own this business I guess for 20 years. And with what Scott said and Robin, I don't know that there is much more to say other than if you all have any questions, I'm happy to answer it. But we're happy to be here with the city of Milton. And we continue to want to grow with the city of Milton and provide. And I don't know if there are any questions you all have so please let me know. I'm glad to answer. Mayor Lockwood: All right. Thank you, sir. At this point, that's the last public comment, correct? So, I'll close the public hearing. And now, if there are any questions from council to either the applicant or Mr. Reese. Laura? Ms. Bentley: I do have a couple of questions. What is the percentage of — sorry. What is the percentage of retail sales to the business? Mr. Whittle: Very small. Ms. Bentley: Less than 10%? Mr. Whittle: Less than 10%. Mr. Reese: And the reason really, we put in, and I'm sure you all are aware that ag zone property by right, you can produce plants and sell those plants on there. But what we wanted to do is get across to the citizenry and the neighbors that we're not going to be selling shovels or rakes or fertilizer. The only thing that they will be selling is their plants. And it will be a — Mr. Whittle: Or trees. Mr. Reese: That's a plant. A tree is a plant. Flora, fauna, we're all right. So, Regular Meeting of the Milton City Council 37 Monday, December 16, 2019 at 6:00 pm Page 37 of 46 we're fine there. So, that was — Robin and I thought that was an add in, even though a nursery is allowed in ag zoning that we're overlaying that. But we wanted to make sure that no one thought we were going to set up another Scottsdale Farms or a hardware business or anything there. For clarification purposes, the only sales will be plants, their plants on site. Ms. Bentley: Thank you. And the new building, the pole barn, is to put the vehicles in. And it goes down on that property. Mr. Reese: Yes. Ms. Bentley: So, how much of that will you be able to see? Mr. Reese: So, the topography, it's about 14 feet of elevation below. But also, we're going to have there is an existing privacy fence. And there are additional plantings. So, you're going to possibly, if you strain if you're in a very tall truck as you ride by Birmingham Highway, you may see the peak of the roof. Ms. Bentley: And I saw one of the notes from the CZIM is maybe there was one instance where a truck was waiting for a delivery in the D cell lane. Can you tell me a little bit about that? Mr. Reese: So, the existing condition there is a gate close to the street. Our site plan we're proposing this delivery entrance, the northern entrance, will now have a recessed gate far enough back. I don't know those of you in the equestrian community realize when you're pulling your truck and trailer off, it's not smart to put your gate 5 feet off the edge of the road. So, we've lived and learned. So, hopefully, that will never happen again. This new plan, the gate, if it per chance a truck came in before the gate was opened that there is room to now pull off Birmingham Highway on their property. Ms. Bentley: Thank you. And then, finally, so you're at 20 employees now. And one of the conditions would be that you wouldn't be able to expand based on accepting that site plan. So, is that something that you can live with? Mr. Whittle: I think it's based on vehicles, right. We talked about if several of the employees carpool. Mr. Reese: Yeah. There is nowhere in there that we were aware that limited the number of any expansion of a few additional employees. Regular Meeting of the Milton City Council 38 Monday, December 16, 2019 at 6:00 pm Page 38 of 46 Ms. Bentley: Okay. It's parking spaces. Mr. Reese: It's parking and work crews. It's a finite or a tangible addition. An expansion of the use area that we're showing on there knocking down more trees, expanding there. But we are limited with the number. Most of their employees carpool. The citizens that need to share rides and all. But where we're limiting our growth is through making any changes to this particular property with hard surfaces or something along that line. Mr. Agrawal: If I may add, the changes to the site plan, there cannot be any new changes to the site plan. Mr. Reese: Or the use of the property per se, yeah. Mayor Lockwood: Okay. Questions from any other councilmembers? Mr. Kunz: I have one question. Mayor Lockwood: Matt. Mr. Kunz: So, there were conditions that the Planning Commission had recommended as well. And so, what are your thoughts with regards to those approval conditions? Ms. McDonald: So, the Planning Commission recommended staff recommendations. And that is what is before you. Everything reflects what they approved. Mr. Kunz: So, the conditions were all staff conditions as well. Ms. McDonald: Yeah. Mr. Kunz: Okay. Mayor Lockwood: Peyton? Mr. Jamison: So, Robin, have they had any complaints in the last 20 years since — or they've been in business for 20 years. Have you all had any complaints from neighbors or anything? Ms. McDonald: Not that I've received myself, no. Regular Meeting of the Milton City Council 39 Monday, December 16, 2019 at 6:00 pm Page 39 of 46 Mayor Lockwood: Carol? Ms. Cookerly: I feel like I've been through this extensively. And I'm very much inclined to support it. And I like what you're doing with the trees where in the plantings with the neighbors. So, could you just amplify are the neighbors wholly in support of this? I've heard that they are. Mr. Reese: Well, we have a letter that we submitted from the horse farm to the north. And that's back to this symbiotic relationship. So, a horse farm of that magnitude, it's not a hobby farm. It's a real horse farm. They generate a lot of waste. And that becomes a real problem. So, when they go out and prune and create, they bring the plant material in, stockpile it. And they've got a [inaudible] [01:48:161 on site and all. That makes that — Ms. Cookerly: My last question for Mr. Whittle is how is the American dream going? Mr. Whittle: Tough. It's not easy, I'll tell you. It's not easy at all. Ms. Cookerly: Well, you make it look easy. Mr. Whittle: Oh, well, I wish that was the case. Any business is not easy. But we are working hard. Mr. Reese: We're like ducks. What's under water is what's going on. Ms. Cookerly: Thank you. Mayor Lockwood: Any other questions? If there are no other questions, I'll open up for a motion. Ms. Cookerly: Mr. Mayor, do you want me to take the lead here? Mayor Lockwood: Sure. You're welcome to take the lead on it. Ms. Cookerly: It's awfully complicated. Do I have to read all of these things or can I — Mayor Lockwood: No. You can say just the — as recommended by staff. Ms. Cookerly: Mr. Mayor and Council, I recommend we approve Agenda Item No. 19-258 as read and approved by staff. Regular Meeting of the Milton City Council 40 Monday, December 16, 2019 at 6:00 pm Page 40 of 46 Mr. Kunz: Second. Mayor Lockwood: Okay. I have a motion for approval from Councilmember Cookerly, a second from Councilmember Kunz. Any discussion? One statement I want to make. As we all have been looking for, again, the vision of the city and our citizens is to keep our city looking rural. And to me, this is an example. Obviously, this allows somebody on AG1 to at least have some income off their property, have a local business. And it also supports the horse farm behind it and whatnot versus three, four houses or whatever, new houses being built. And so, again, this is, I think, a good example. And we appreciate you guys being in the city of Milton. So, with that, all in favor, please say aye. Group: Aye. Mayor Lockwood: Any opposed? It's unanimous. Mr. Reese: Thank you so much for your time. ORDINANCE NO. 19-12-410 (Agenda Item No. 19-258) (First Presentation at the December 2, 2019 City Council Meeting) (Parag Agrawal, Community Development Director) Motion and Vote: Councilmember Cookerly moved to approve Agenda Item No. 19-258. Councilmember Kunz seconded the motion. The motion passed (7-0). UNFINISHED BUSINESS Mayor Lockwood: Thank you. All right. Sudie, if you'll please sound the next item on unfinished business. Sudie: This item is consideration of an ordinance reaffirming and establishing Chapter 46 of the Milton Code of Ordinances governing solid waste collection services within the city of Milton, Agenda Item No. 19-259. First presentation was at the December 2 Regular Meeting of the Milton City Council 41 Monday, December 16, 2019 at 6:00 pm Page 41 of 46 City Council meeting, Mr. Parag Agrawal. Mr. Agrawal: Good evening, Mayor and city council members. I also have with me our conservation project manager, Theresa Stickles. Today, we are here in front of the mayor and the city council to reaffirm Chapter 46 of the city of Milton Code of Ordinances. Chapter 46 basically regulates the disposal of waste and garbage in the city of Milton. The littering and collection services are also [inaudible] [01:51:181 through this chapter. The ordinance was originally adopted by the city council in 2006 when the city of Milton was incorporated. The ordinance has been reaffirmed each year since then. I have been told that there are some state laws, state regulations that, basically, requires the reaffirmation by the city council every year. No changes are requested to this ordinance at this time. That's pretty much it. Any questions? But moving forward, I would like to work with the City Attorney's Office to make sure that this is required every year. Mayor Lockwood: Do you all have any questions? Matt? Mr. Kunz: Theresa, you're sitting there. But we've mentioned the law. We'll be asking questions about some people not getting trash pick up in some areas of Birmingham Highway. You answered all of those for people individually that have contacted you. And if they have any questions about that, they can contact you. Is that right? Ms. Stickles: That's right. Mr. Kunz: Okay. Thank you. Mayor Lockwood: Anybody else? Okay. I'll open up for a motion. Ms. Bentley: Mayor, I'd like to make a motion to approve Agenda Item No. 19- 259. Mr. Kunz: Second. Mayor Lockwood: I have a motion for approval from Councilmember Bentley, second from Councilmember Kunz. All in favor, please say aye. Group: Aye. Regular Meeting of the Milton City Council 42 Monday, December 16, 2019 at 6:00 pm Page 42 of 46 Mayor Lockwood: Any opposed? That's unanimous with the record showing that Councilmember Cookerly did not vote, was not in the room. Okay. We've got no other items under new business. We'll move on to reports. Is there anything council wants to report on? ORDINANCE NO. 19-12-411 (Agenda Item No. 19-259) (First Presentation at the December 2, 2019 City Council Meeting) (Parag Agrawal, Community Development Director) Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 19-259. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Cookerly was absent from the vote. MAYOR AND COUNCIL REPORTS Mr. Kunz: Thank you all, again. It's been a fun eight years. Mayor Lockwood: Thank you, Matt. Staff reports. We've got community development. STAFF REPORTS Department Updates 1. Community Development Mr. Agrawal: Good evening, Mayor, city councilmembers. Just presently some highlights from the department. First starting with the zoning applications. Our office has received one use permit application for the Ebenezer United Methodist Church, which is located on 12900 [inaudible] 101:53:491 property. A use permit to construct only 3,000 square feet of activity center on the existing church, which is around 5,000 square feet has been submitted to our office. Along with this use permit application, the applicant is also requesting a three-part concurrent variance. A CZIM meeting has been scheduled for December 17. Regular Meeting of the Milton City Council 43 Monday, December 16, 2019 at 6:00 pm Page 43 of 46 And it will come in front of the city council on March 2, 2020. Michelle has already given the presentation on census. She gave a [inaudible — coughing] so I will skip that. Update on the Smart Communities Challenge Grant. On December 5, our office held our first stakeholders' meeting with parents and the students in the Crab Apple area. The meeting was very well attended. And we were, basically, talking to the parents what are some of the impediments of walking to school. Many parents came in. Many kids came in. And they were talking about the reason why they cannot walk to school is because their backpacks are too heavy. So, no matter how many apps we create, unless the backpacks are lighter, they cannot walk to school. Very soon, we will be issuing an RFP to develop an app for our smart phones. On March 12, 2020, we have also scheduled an event. In that event, that app will be launched. We are expecting some folks from the Department of Community Affairs and some of the professors from Georgia Tech will be coming to the city of Milton. Our city's comprehensive plan. As you know, we have to update the city's comprehensive plan. The RFP should be on the street by next week. We are putting together a CPAC, comprehensive plan advisory committee. And most likely, this project will be launched by January and February. So, I will request each of the city council members to appoint one member to the CPAC. Green space barn updates. The city of Milton closed on our newest green space property, which is located at 14620 Freemanville Road. That 1-acre property could provide access to the southern portion of the former Milton Country Club. At this time, both this property and the former Milton Country Club are closed to the public. Rivers Alight Event. This past Saturday on December 14, there were 15 volunteers that came out and picked up around 350 pounds of trash at the city's Cooper Sandy property. The group of volunteers were the National Charity League. The last update is our septic tank workshop that was supposed to be scheduled for December has been pushed back for January. Very soon, we will be sending the dates for our new septic tank workshop date. Thank you. Mayor Lockwood: Okay. Thank you. Mr. Agrawal: Any questions? Thank you. Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 44 of 46 Mayor Lockwood: Thank you, Parag. Next, HR. Department Updates Human Resources 44 Sam Trager: Thank you. Good evening, Mayor and council. I wanted to speak tonight mostly about our wellness efforts that we've been working on recently and what we're looking forward to in 2020. On December 4, we brought in the end to city hall and the parking lot here. And we provided angio screens for our employees. We had 48 slots and employees made appointments within 2 days and booked all of those spots. The company came in and provided the tests, provided EKGs, blood pressure tests, arterial scans of your neck, and actually caught a few thyroid issues with some people because it was right in between, abdominal aorta scans where they check for aneurisms for our employees. And they checked ankle pressure to ensure blood flow was working properly throughout the cardiac system and lower extremities. The best part about all of this was that Signa provided $5,000.00 for us to do these tests. And we had no out of pocket costs for this. They're so popular that we're bringing them back because a lot of employees didn't have an opportunity to do it. And we're going to have another session on January 14 out at the Fire Department to mostly accommodate some of those folks who missed. We also started discussing what our next steps were for 2020 with our employee wellness programs. And we're going to start with a series of quarterly lunch and learns in January talking about nutrition for our employees and getting back to basics on nutrition. We have a series of wellness champions who are going to work with us throughout the year. They're going to hold their first meeting in January as well and finish out our calendar for wellness for the year there. It will include some step challenges and, hopefully, some more lunch and learns and some other things that we can bring in for our employees. As we look forward to 2020, we might consider some big ones for HR. We're looking at completion of our personnel policies. We hope to have those in front of you by early next year. We're switching our deferred compensation plan to a different provider. You should see that in January coming forward. Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 45 of 46 W Completing an employee engagement survey and implementing those results as well as, once again, looking at our performance management system. Are there any questions? Mayor Lockwood: Questions? All right. Thank you. Take care. Okay. We added by motion and second to add an executive session to just discuss land acquisition on our agenda. So, do I have a motion to adjourn into executive session? EXECUTIVE SESSION (Land Acquisition) Councilmember Kunz moved to go into Executive Session to discuss land acquisition at 7:59 p.m. Councilmember Mohrig seconded the motion. The motion passed (7-0). Mr. Kunz: So, moved. Mr. Longoria: Second. Mayor Lockwood: Okay. I have a motion and second. All in favor, please say aye. Group: Aye. Mayor Lockwood: That's unanimous. We'll move into executive session. RECONVENE Motion and Vote: Councilmember Kunz moved to reconvene the Regular Meeting at 8:10 p.m. Councilmember Mohrig seconded the motion. The motion passed (7-0). ADJOURNMENT (Agenda Item No. 19-273) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:1 1 p.m. Councilmember Jamison seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, December 16, 2019 at 6:00 pm Page 46 of 46 Date Approved: February 3, 2020 Sudie AM Gordon, City Clerk Joe Lockw , Mayor 46