HomeMy WebLinkAboutMinutes - CC - 11/16/2020Regular Meeting of the Milton City Council
Monday, November 16, 2020 at 6:00 pm
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CALL TO ORDER
Mayor Lockwood: Good evening. I would like to call the regular meeting of the
Milton City Council for Monday, November 16th, 2020, 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,
then please bring your comment cards to the clerk as soon as
possible.
While the Milton rules allow a speaker to turn in their comment
cards up until the clerk calls that agenda item, once the agenda
item is called, no more comment cards will be accepted.
If our clerk could please call the role and make general
announcements.
Tammy: Good evening, Mayor and Council. I’ll be happy to call roll for the
November 16th, 2020, regular meeting. I would like to remind
those in attendance to please silence all cellphones at this time.
Those attending the meeting who would like to make a public
comment you are required to complete a public comment card
prior to speaking on the item. Your comment card must be
presented to the city clerk prior to the agenda item being called.
All speakers please identify yourself by name, address, and
organization before beginning your comment. If you are
representing an organization, an affidavit is required stating you
have the authority to speak on behalf of 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, outburst, or dialog
with any person speaking. Anyone in violation will be asked to
leave.
As I call roll this evening, please confirm your attendance. Mayor
Joe Lockwood?
Mayor Lockwood: Here.
Tammy: Councilmember Peyton Jamison?
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Monday, November 16, 2020 at 6:00 pm
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CM Jamison: Here.
Tammy: Councilmember Laura Bentley?
CM Bentley: Here.
Tammy: Councilmember Carol Cookerly?
CM Cookerly: Here.
Tammy: Councilmember Paul Moore?
CM Moore: Here.
Tammy: Councilmember Joe Longoria?
CM Longoria: Here.
Tammy: And joining us via Zoom, Councilmember Rick Mohrig.
CM Mohrig: Here.
Councilmembers Present: Mayor Joe Lockwood, Councilmember Peyton
Jamison, Councilmember Laura Bentley, Councilmember Carol Cookery,
Councilmember Joe Longoria and Councilmember Rick Mohrig.
Councilmembers Calling In via Zoom: Councilmember Rick Mohrig.
PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
Tammy: Would everyone please rise for the Pledge of Allegiance?
All: I pledge allegiance to the Flag of the United States of America and
to the Republic for which it stands, one nation under God,
indivisible, with liberty and justice for all.
Mayor Lockwood: Good evening. And we welcome you here to City Hall. Tammy,
will you please sound the next item?
APPROVAL OF AGENDA
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Monday, November 16, 2020 at 6:00 pm
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Tammy: The next item is approval of meeting agenda – agenda item No.
20-312.
Mayor Lockwood: I would like to make a couple of amendments to the agenda on
agenda items No. 20-325 through 20-328. If we could remove that
new business and put on first presentation because that should be
an ordinance instead of a resolution and change the text in agenda
item No. 20-325 through 20-328 whereas it reads “associate judge”
to “standby judge.” Is there anything else on the agenda staff or
council has to change? If not, I’ll open up for a motion.
CM Bentley: So moved as amended.
Mayor Lockwood: I have a motion.
CM Moore: Second.
Mayor Lockwood: I have a second. I have a motion from Councilmember Bentley, a
second from Councilmember Moore. All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: That’s unanimous. Do we have any general public comment?
Motion and Vote: Councilmember Bentley moved to approve the
meeting agenda with the following changes: on agenda items
No. 20-325 through 20-328, remove from new business and move to
first presentation because that should be an ordinance instead of
a resolution and change the text in agenda item No. 20 -325
through 20-328 whereas it reads “associate judge” to “standby
judge.” Councilmember Moore seconded the motion. The motion
passed (7-0).
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Monday, November 16, 2020 at 6:00 pm
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PUBLIC COMMENT (None)
Tammy: No general public comments at this time.
CONSENT AGENDA
Mayor Lockwood: All right. I’ll move on to the consent agenda. So, if our clerk will
please sound the consent agenda items.
Tammy: The first item is approval of the October 5th, 2020, regular city
council meeting minutes – agenda item No, 20-313.
The second item is approval of a professional services agreement
between the City of Milton and S&ME, Inc, for geotechnical
services on the Hamby Road Bridge located at 14327 Hamby Road
– agenda item No. 20-314.
Our third item is approval of the audit engagement letter with
Mauldin & Jenkins, LLC, to audit the city’s financial statements
for the fiscal year ending September 30th, 2020 – agenda item No.
20-315.
Our fourth item is approval of a professional services agreement
between the City of Milton and Ed Castro Landscape for the
provision of landscaping services at the city’s fire stations and the
public safety complex – agenda item No. 20-316.
Our fifth item is approval of an amendment between the City of
Milton and the Department of Natural Resources to extend the
completion date of the Providence Park Trail Agreement to
December 2021 – agenda item No. 20-317.
Our next item is approval of an amendment between the City of
Milton and the Department of Natural Resources to extend the
completion date of the Providence Park Restroom Agreement to
September the 30th, 2021 – agenda item No. 20-318.
Our seventh item is approval of an agreement between the City of
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Milton and NCR Payment Solutions, LLC, for electronic payment
processing services that integrates with JustFOIA and CivicRec –
agenda item No. 20-319.
Our next item – approval of subdivisions, plats, and revisions. Our
first development is Chris Gray, land lot 743 in District 2, Section
2, the northeast corner of Redd Road and Freemanville Road. It’s a
minor plat. It’s subdivided into three tracts at 5.759 acres at 0.52
lots density/acre.
Our second development is Dennis Gilreath, land lot 184 and 185,
District 2, Section 2, 16660 Phillips Road. It’s a minor plat. It’s
subdivided into two tracts. Total acres is 4.60 with a density of
0.434 lots per acre.
Our third and final development is Thompson Manor, land lot 538,
District 2, Section 2 at the northeast corner of Little Stone Way
and Thompson Road. It’s a minor plat subdivided into three tracts.
Total acres is 5.677 and the density is 0.528 lots per acre – agenda
item No. 20-321.
Mayor Lockwood: I’ll open up for a motion and a second on the consent agenda.
CM Longoria: Mayor, I move that we approve the consent items as read.
Mayor Lockwood: I have a motion. Do I have a second?
CM Cookerly: Second.
Mayor Lockwood: I have a motion from Councilmember Longoria with a second from
Councilmember Cookerly. All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
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Mayor Lockwood: That’s unanimous. We’ll move on to our reports and presentations.
Tammy, if you’ll please sound the first item.
Motion and Vote: Councilmember Longoria moved to approve the
Consent Agenda. Councilmember Cookerly seconded the
motion. The motion passed (7-0).
REPORTS AND PRESENTATIONS
1. Update on Local Stormwater Issues.
(Robert Drewry, Public Works Director)
Tammy: That item is the update on local stormwater issues – Public Works
Director, Mr. Robert Drewry.
Robert D: Good evening, Mr. Mayor, Council. Every year, we have to – well,
let me back up. I’ve jumped ahead of myself already. We have a
stormwater permit, as you know, through the State of Georgia.
And in that stormwater permit is a stormwater management plan.
Like any other municipality who’s bound by the permit, one of the
tasks they call “best management practice” in the plan is to provide
a presentation to the local government officials on stormwater
issues.
We do this every year. We’re required to do it every year. If you
recall, we did it about this time last year. The city engineer gave an
excellent presentation on stormwater issues. And I’m gonna turn it
back over to City Engineer, Mr. Ken Kagy, in a minute. But I do
want to tell you up front, this is kinda taking it to the next level. I
know you all learned a lot from last year, and you picked up a lot
of information. And I think you will this year as well, but this is a
little bit more technical.
I’ve asked Ken to kinda back down a little bit. Don’t get too
technical because he can if you let him. But it is a little bit more
technical than it was last year, but it does provide you with a little
bit more information. It does give you some insight in order to
make decisions as community policy for stormwater. So, I’m
gonna turn it over to Mr. Ken Kagy, City Engineer, and let him go
from there.
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Ken: Thank you, Robert. Mayor, Council, good evening. Thank you for
inviting me back again this year. So, I’m gonna make this, as
Robert says, sweet and simple. So, we’re gonna keep it sweet and
simple.
Mayor Lockwood: I think the term he’s looking for – dumb it down a little.
Ken: Well, we’ll start walking through this. So, Milton rainfall
assessment from 2020 observations – this is Milton City Hall’s
2020 rainfall data that we’ve collected. Actually, we’ve got two
months of data. This is actually the first nine months of this year.
So, you can see for January and March, we had 29.1 inches of rain.
For April and June, we had 15.7. And from July to September, we
had 18.9 inches of rain.
The total for the year right now stands at 72.9. The average rain in
this area is about 50 inches. So, what does that mean? That means
you guys got a lot of rain this year. That’s what that means. So,
that’s quite an increase. And there were some big rain events. And
we’re gonna walk through and try to explain what this really does
mean.
First, I’m gonna start out with some famous quotes about rain.
We’ll kinda ease into rain here. Some of you’ve heard these. Red
sky at night, shepherd’s delight. Red sky at night, sailor’s delight.
Gospel of Mathew that came from. And that saying is supported by
science. When a high-pressure front moves in from the west and
drives out the air moisture, the sky will appear red from the shift in
the light spectrum – the change between the different densities –
and that’s what causes it. So, that’s an old saying.
We got another saying here that Milton Public Works kinda
adopted – I’m like the rain; I go where I’m needed. And Henry
Wadsworth Longfellow – the best thing one can do when it’s
raining is let it rain. And one of my favorites is Dolly Parton. And
what she says is, “The way I see it. If you want the rainbow, you
gotta put up with the rain.” And I think she’s right.
So, here’s the basic fundamentals of rain. Rain’s basically formed
by water vapor in the atmosphere, and it stays there until it gets
heavy enough. And, usually, it gets heavy when it turns to ice or
snow because most rain starts out as ice or snow in the raincloud.
And the actual raindrop shape is not a teardrop. If you see that over
there on the side, it actually forms a parachute as it’s coming down
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through the atmosphere. So, those are some basic facts about rain.
So, here’s where we get into our rain data. And engineers and
hydrologists use the term – what we call “a two-year storm event, a
five-year storm event, a 50-year storm event, and 100-year storm
event.” And what they’re talking about when they use that term is
an annual exceedance probability.
And I talk to many people, citizens. I’ve even talked to other
engineers and other designers out there. That return period that
we’re talking about, that 2% or 4%, doesn’t mean we’re gonna
have one 100-year storm in 100 years or a 25-year storm in 25
years. It just means annually we’re gonna see those type of storms
come up 4% of the time or 1% of the time. They could come up
many times. That’s just a probability of statistics.
So, we use that probability of statistics for design. Because when
we design something, we wanna know our infrastructure is gonna
handle or have the capacity for that particular exceedance
probability.
So, interesting facts on statistics – I’m not a statistician, but there’s
a lot of data needed to accurately support the rain exceedance
probability. You can see for a 10-year, 25-year, or a 100-year
storm event if you want a plus or minus 10% level of confidence,
you need about 100 years of data. If you want a 25% error level,
you need anywhere from about 30 to 50 years of data.
And I would say we’ve got good high-tech-type rain data in the
past 50 to 70 years. For 100 years, we’ve got rain data, but it
probably is not as technical or accurate. So, you see there is error
built into the statistics, and some of it can be pretty significant.
So, when we plot this rain data, what does it look like statistically
on a graph? That top graph up there is actually a plot between the
amount of rainfall and a log of the percent probability of
exceedance. So, you see all those dots occurring down there from a
one-year, two-year, 10-year? That’s what most of the statistics are
on those lower events because we just have more rain events. We
have more of those types of rains occurring.
And we use that plotted data on a log graph to draw a linear line.
Mathematicians, engineers – they all love linear lines because with
that linear line we can project. And if you look at that projection,
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there’s really no data around the 50- or 100-year event. We’re just
projecting what that would look like or be.
In fact, the bottom graph down there is the actual plotted data. In
other words, they’re both linear axes. And on that linear axis, you
can see the plots. And most of the plots happen down there below
the 20-year. So, most of the designs are on that projected line that
you see or that area of the graph that we really have no data. And
we’re assuming that’s what’s gonna normally happen in a 25- or
100-year event.
All designers design from cause and effect, and stormwater
engineers are no different. In my prior life, I did structural
engineering believe it or not, and they do the same thing. They take
statistics. They have to worry about wind loads, earthquake loads,
and they take that. Those are the causes that could cause their
building to fall down. So, they would take basically many years of
collective statistics and design their buildings based on that. Well,
stormwater engineers do the same thing. Traffic engineers do the
same thing. That’s what all their design manuals are.
The only time that’s different is if we’re gonna build something or
design something, and I’m kinda giving away the trade secrets of
engineers here. So, I hope I don’t surprise anybody or upset the
engineering community. But the only time that’s really different is
if you have an existing structure out there, then you could actually
go out in the field and collect data on that existing structure.
But in stormwater management, that’s difficult to do because it’s
very costly. And the other thing that happens is you can’t really
change – the drainage basin wouldn’t be able to change at that
point. Sara does that a lot. Sara Leaders, our traffic engineer. She’ll
go out and count cars. And what she’s doing is she’s collecting
local statistical data on existing structures.
So, stormwater engineers do that same thing. So, what you see
over there is flood frequency data used for design. And NRCS
(SCS) uses that to actually design their dams. They actually take
existing basins, and they’ll measure the rainfall and then gauge
how much runs off. So, now they can create their own peak flow
curves and collect that data and then assume that their dam’s gonna
be designed with what they call “probable maximum flood.” So,
they use that data to design their dams with. And we’ll talk about
that a little bit later.
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The other method that’s used is the rainfall data, which is what we
talked about. And those are IDF curves. We’re gonna talk about
those in just a few minutes. So, these are the two different methods
that are used in stormwater infrastructure.
If it’s existing, you can sometimes change or modify your structure
with collecting your own statistics. But if it’s gonna be a design,
you need to take the already statistics out there and use that in your
design.
So, here’s an example. And there’s downfalls of both methods,
actually. So, here’s one of the problems with taking existing
measurements on an existing basin. If you had a basin that looked
like what it looks like on the left there and it was like that 80 years
– if Milton looked like that for 80 years and you had all this flood
statistical data – and we do have some actual rain gauges. We have
one over here right off the bridge off 140 between Cherokee and
Fulton. There’s a US geological gauge there. I think there’s one on
Big Creek.
So, they actually do have some local gauges around here. And we
have 80 years of that. And then all of a sudden, that drainage basin
changes. The conditions of it change, which is what you see on the
right. The data is no longer valid because there’s just a different
type of runoff. You can get a much higher flow in those situations.
So, flood frequency statistics work well as long as your drainage
basin doesn’t ever change. But that doesn’t really happen. We
know that doesn’t really happen. So, that’s the difficulty with the
flood frequency data.
So, if we took our City Hall data and we wanted to plot that out,
what we would do is we would plot it according to this graph you
see up here. And we’d plot it according to duration and
precipitation depth. And the duration is the total time for a given
rainfall depth. Frequency is how often this depth occurs in a year.
That’s the annual exceedance probability, which we already talked
about. And that’s why you see the different lines.
So, if that event occurs 4% of the time, then you’re talking about a
25-year storm on that particular graph. And you would follow that
25-year line up there to find out and plot that precipitation depth.
So, that’s the first part.
But design engineers use what we call an IDF curve, and these are
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IDF curves. So, this graph we just saw here – you take the time and
divide it into your depth. Now we have what we call an “apples-to-
apples comparison.” We added intensity. So, that intensity, inches
per hours – we use a uniform timeline there – we can compare a
storm to a storm now. It’s an apple to an apple. So, you wanna
collect your data based on the same type of storms. And that’s how
you do that with these IDF curves.
So, what’s intensity? Here an example of intensity rainfall – not so
intense on the left, very intense on the right. You probably heard
the expression – it rains on the just and the unjust. You probably
grew up with that expression. I like to think that the unjust see a
little bit more intense rainstorms. At least that’s what I see on the
right there. I like to hope that anyway.
So, why is this important to stormwater infrastructure? This is
what we really design with. But rain data is the easy component of
hydrology.
So, we’re about to shift gears here. And we’re gonna go a little bit
more involved and a little more deeper on what we actually do
with this data. So, does everybody understand the rainfall data?
I’m hoping so. And if I didn’t say – stop and ask me question as I
went through some of that.
But, anyway, the ultimate goal of hydrology is to determine if and
when the flooding occurs. Flooding doesn’t happen unless
stormwater surface runoff occurs. So, how is stormwater runoff
determined? So, this is the part we’re gonna talk about. It’s not just
the rain data.
This is the tool that stormwater engineers use on a regular basis.
It’s called a hydrograph. And these hydrographs actually calculate
a peak flow for a given basin based on a percent probability.
Remember that 10-year, 50-year, 100-year storm? And there’s
different methods to calculate these hydrographs. But this is what
engineers and hydrologists and other designers use to come up
with a design for stormwater.
And we talked about those two different techniques. So, these
hydrographs can be developed either using rain event frequencies,
which is your IDF curves. Or they can take it from measured local
flows from rain events, which is your US geological gauge that
you see over here on the creek off of the bridge. You can build
hydrographs that way. So, this is the important part of hydrology –
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is to determine what’s the peak flow. We wanna know what’s the
maximum runoff that’s gonna occur on a particular basin.
So, what is a drainage basin? And what are the different variables
needed to create a hydrograph? On the left is a map of the US, and
it shows some of the drainage basins just in the US. Well, these are
the actual drainage basins. So, you can see the largest one is the
Mississippi-Missouri drainage basin there in the center. And we’ve
got tons of data on that, but that’s a huge basin.
On the right is really what we work with. Of course, this is even a
little bit too large too compared to some designs here over two or
three acres, but that’s a drainage basin. So, you can see there’s
different characteristics of these drainage basins. It’s the surface
condition, the soil type, the impervious surface. It’s the size, the
length of runoff, and the slope. All those will contribute to that
hydrograph or the effect of that hydrograph.
Infiltration is a major factor in stormwater runoff evaluation. If you
look at that plot up top here, what you see is a red line or a dark
brown line, whatever you wanna call it, and that’s the runoff.
Runoff doesn’t really happen until infiltration stops, and that’s the
blue line. So, infiltration happens quickly in the beginning of a
rainstorm. There’s a lot of infiltration, and then the ground starts
saturating. And then that’s when the runoff starts to occur or shows
up. So, that infiltration’s a major factor in determining when a
particular runoff will occur in design.
Those factors are surface conditions, impervious surface, and soil
types. And you can see down at the bottom, it varies with your
forest condition or residential or urban. You get 90% to 100%
more runoff in an urban area. Forest conditions – you only get
about 10% to 20%. So, infiltration’s a major factor when we use
design.
This is a real-world example. You can see a road here. And this is
actual data that they took off of this road. The top one has curb and
gutter on the street, and you can see where the infiltration occurs
alongside there. There is no infiltration below the road or even on
the sidewalk, which is to the right. And the bottom one is a road
with ditches in it. And you can see there’s more infiltration
occurring on those ditches. This road’s pretty flat though. So, the
flatter it is, the more infiltration is gonna happen. The steeper it is,
obviously, the water won’t have as much time to infiltrate.
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Other factors affecting peak flows in a hydrograph – these are
other watershed parameters contributing to peak flow, the size, the
slope, and the runoff, which we’ve talked about. But there’s this
interesting graph down here at the bottom that I thought I’d point
out to council and the mayor.
If you look at that graph, the very bottom line says 1941. Using the
US geological gauge, they actually measured the flow frequency
out there, collected data, and determined what that peak flow
would be just by these flow frequencies. They use that statistics.
So, in 1941, that’s what their actual hydrograph looked liked.
There was very little if no peak at all.
And then over time, the next one is 1953. Then there’s 1959. And
then there’s the present. You can see the hydrograph shifts to the
left, and the peak increases. And that’s due to the development. So,
they’re actually measuring how much it rains and how much is
actually running off. And you can see that increase there.
In 1941 and actually in the 1950s, NRCS was out building a lot of
their dams. Milton has eight of these dams. So, you can see here if
NRCS – or back then it was called SCS (Soil Conversation
Services) – they would’ve been designing those dams based on that
1941 graph, which had very little if no peak.
So, as time changed, the peak changed. So, they do maximum
probability to actually design their dams, which we talked about.
So, they’re taking existing data. So, now that data, what they
originally used for design, is really not valid anymore because the
whole basin has changed.
So, what’s the correct hydrological thinking on rain? Our
psychiatrists and psychologists say the following is the correct
thinking – I’d rather learn to dance in the rain than to worry if I
have an umbrella for the rest of my life. Now leaders, public work
directors, and Robert say the following is the correct thinking –
and this is a quote from Warren Buffet. It says, “Predicting rain
doesn’t count. Building arks does.”
These are the constructed arks of the past to prepare for rain. These
are the constructed arks of modern times to prepare for rain. On the
left side, you see some wet ponds, detention ponds, which actually
just hold the water until it has time to dissipate or discharge.
There’s rain gardens on the left, landscape islands, bioretention
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across the bottom. And what those do is they just increase that
infiltration. Remember, infiltration is a major factor in the runoff.
These are some other arks. They’re designed for modern times. Up
at the top to the left there you see pervious pavers. They’re using
those as parking lots, and that’s becoming a more common
practice. You’ve got some sidewalks with the pervious pavers,
even a driveway down there into the house is pervious pavers.
And, of course, then you have your rain garden down there at the
very bottom, and you’ve got some bioretention on that parking lot.
And these are sort of the modern-day ways to help increase the
infiltration and reduce the runoff.
Milton remember what Dolly Parton told us about the rainbow.
Well, Milton’s anticipating a ‘20-‘21 rainbows this year with less
rain. So, I guess we’ve had the rainfall for 2020. That’s all I’ve
got. Thanks. Thanks for your time.
Mayor Lockwood: Thank you, Ken. We’ll move on to our first presentations. If,
Tammy, you will please sound those items.
FIRST PRESENTATION
Tammy: Our first items is consideration of an ordinance appointing Richard
E. Hicks as a standby judge at the municipal court for the City of
Milton, Georgia, pursuant to Article V of the city charter – agenda
item No. 20-325.
Our next item is consideration of an ordinance appointing Barry L.
Zimmerman as a standby judge at the municipal court for the City
of Milton, Georgia, pursuant to Article V of the city charter –
agenda item No. 20-326.
Our third item is consideration of an ordinance appointing Keith A.
Carnesale as a standby judge at the municipal court for the City of
Milton, Georgia, pursuant to Article V of the city charter – agenda
item No. 20-327.
Our final first presentation item is consideration of an ordinance
appointing Jared L. Mitnick as a standby judge of the municipal
court for the City of Milton, Georgia, pursuant to Article V of the
city charter – agenda item No. 20-328.
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Mayor Lockwood: Do I have a motion on the first presentation items?
CM Bentley: Mayor, I’d like to make a motion to approve the first presentation
items as read.
Mayor Lockwood: Do I have a second?
CM Moore: Second.
Mayor Lockwood: I have a motion from Councilmember Bentley for approval and
second from Councilmember Moore. All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: That’s unanimous. Tonight, there are no items under public
hearing. So, we’ll move on to our zoning agenda. If the city clerk
will please read the zoning rules and sound the first zoning item.
Motion and Vote: Councilmember Bentley moved to approve the
First Presentation Items. Councilmember Moore seconded the
motion. The motion passed (7-0).
ZONING AGENDA
Tammy: When the Mayor and City Council consider a zoning agenda, the
following rules apply. These zoning 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 this meeting.
Regular Meeting of the Milton City Council
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The applicant and all those speaking in support of an application
will be allowed a total of 10 minutes to present the petition. The
opposition will also be allowed a total of 10 minutes to present its
position. If time remains, the opposition will be allowed to
rebuttal. The applicant may choose to save some of the time for
rebuttal following the presentation by the opposition. Since the
burden of proof is upon the applicant, the applicant will be allowed
to make closing remarks provided time remains within the allotted
time.
Those called to speak will be taken in the order that the speaker
cards were received by the city clerk prior to the beginning of
tonight’s meeting. All speakers will identify themselves by name,
address, and organization if applicable before beginning their
presentation.
The planning commission has heard the rezoning agenda items,
and their recommendations have been forwarded to the mayor and
city council for consideration and disposition. The applicant shall
not submit material to the council during this meeting unless
requested to do so. All material that you wish to be reviewed by
the council in consideration of your application should have been
submitted to the Community Development Department and is
included in the normal distribution of packages to the council.
When an opponent of a rezoning action has made within two years
immediately preceding the filing of the rezoning action being
opposed – campaign contributors aggregating $250 or more to a
local government, official of the local government, which will
consider the application, it shall be the duty of the opponent to file
a disclosure with the governing authority of the respective local
government at least five days prior to the planning commission
meeting.
A violation of state statute constitutes a misdemeanor. Therefore, if
you have contributed $250 or more to a councilmember and you
have not filed a disclosure prior to the planning commission
meeting, the city attorney strongly suggests that you have someone
else speak for your point of view.
Our first zoning item this evening is consideration of zoning text
amendment RZ20-17 to amend Section 64-395. Uses prohibited in
all zoning districts as it relates to temporary consumer fireworks
retail sales facilities – agenda item No. 20-306. Ms. Robyn
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MacDonald.
Robyn: Good evening, Mayor and Council. Sorry, I wasn’t prepared for
some really incredible quotes to forward or preface this
presentation.
Mayor Lockwood: You could just wing it, Robyn.
Robyn: I’ll think about it. So, I have a hard act to follow here. The first
item that we have is kind of the tail end of a series of text
amendments that you all had heard a couple months ago regarding
consumer fireworks retail sales facilities.
During those text amendments, we had defined what was called a
nonstructural consumer fireworks retail sales facility, which means
a trailer towed by a motor vehicle or tent, canopy or membrane,
any thin flexible or foldable layer of material used to block sun,
wind, or water – structure in which consumer fireworks are offered
for sale to the public.
So, we defined that, but we had not advertised for the exclusion of
that, which comes under Section 64-395 – use is prohibited in all
zoning districts. So, if you all end up approving this, this will be
included in the list of prohibited uses in all zoning districts called a
nonstructural consumer fireworks retail sales facility, which is
different than a regular consumer fireworks retail sales facility. So,
with that, that is the end of my presentation.
Mayor Lockwood: Any questions for Robyn? Do we have any public comment?
Tammy: Not on 20-306.
Mayor Lockwood: If there’s no other comment or questions, I’ll open up for a motion.
CM Bentley: Mayor, I’d like to make a motion to approve agenda item No.
RZ20-17.
CM Moore: Second.
Mayor Lockwood: I have a motion for approval from Councilmember Bentley with a
second from Councilmember Moore. All in favor please say “aye.”
CM Jamison: Aye.
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CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: That’s unanimous.
Motion and Vote: Councilmember Bentley moved to approve Agenda
Item No. RZ20-17. Councilmember Cookerly seconded
the motion. The motion passed (7-0).
Robyn: I’m sorry. I read the wrong – I read RZ20 [audio cuts out]
[00:39:10] agenda item 20-306. I just wanna make sure that
doesn’t cause a problem.
Attorney Ken: You need a reconsideration, Mr. Mayor.
Mayor Lockwood: We need to rescind that motion or just do a reconsideration?
Attorney Ken: Just a motion for reconsideration and then restate the motion.
Mayor Lockwood: All right. I’ll open it up for a motion for reconsideration on that
last item.
CM Bentley: Mayor, I’d like to make a motion for reconsideration.
CM Moore: Second.
Mayor Lockwood: Paul, you good with that? I have a motion and a second for
reconsideration. All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
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CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: That’s unanimous. Now we’ll open it up for a motion on this
agenda item.
Motion and Vote: Councilmember Bentley moved to reconsider Agenda
Item No. 20-306. Councilmember Moore seconded the
motion. The motion passed (7-0).
CM Bentley: Mayor, I’d like to make a motion to approve agenda item No. 20-
306.
CM Moore: Second.
Mayor Lockwood: I have a motion for approval on [audio cuts out] [00:40:09] 063
from Councilmember Bentley and a second from Councilmember
Moore. All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: That’s unanimous. Thank you.
Motion and Vote: Councilmember Bentley moved to approve Agenda
Item No. 20-306. Councilmember Moore seconded the
motion. The motion passed (7-0).
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Tammy: Our next item is consideration of a zoning text amendment, RZ20-
18, to create a new use permit, Section 64-1845 for farm winery
consumption on premises of beer and/or liquor – agenda item No.
20-307. Ms. Robyn MacDonald.
Robyn: So, good evening, again, Mayor and City Council. Here we’re back
again. I just wanna review quickly what we’ve gone through the
last couple months in this process. So, first of all, farm winery in of
itself is a permitted use by right within the AG-1 zoning district.
You all approved some text amendments to Chapter 4 regarding
alcoholic beverages to be sold – the selling of just wine at a farm
winery. Then Council directed our staff with the assistance from
the economic development manager to propose a new use permit to
allow the sale of beer and/or liquor at a farm winery.
Staff presented a draft use permit on August 10th work session.
And then this draft went before the CZIM meeting on August 25th
where there was no one in attendance either in person or via Zoom.
We presented it to the planning commission for their input. Let me
go back.
So, at the planning commission meeting, basically what happened
was the planning commission recommended to not approve a new
use permit. I believe it was a vote of four to two not to adopt it.
And then we came back to you on October 19th for further
direction, and here we are at the final vote tonight.
Just in more detail, the majority of members did not support it of
the planning commission, and they believed it would be permitting
a bar in the agricultural district and that would be a slippery slope.
Based on different comments from the planning commission as
well as internal discussions and your input from October 19th,
we’ve proposed this version of a use permit to allow beer and/or
liquor on a farm winery.
So, I have in red the changes that I made based on input from the
19th of October. We increased the minimum lot size from 5 to 10
acres, also requiring the owner of the subject lot to reside on the
subject lot. And then as you go down further to No. 9 – stated the
area where wine, beer, and/or liquor are permitted to be served and
consumed shall be identified on the site plan and shall not be
allowed outside of the defined area. So, everything else is the same
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as we reviewed back on the 19th of this proposed use permit. So,
we have that. And that’s all I have for this item.
Mayor Lockwood: Are there any questions for Robyn on this? Do we have a public
comment on this item?
Tammy: We do have one. Ms. Sullivan is here. Ms. Sullivan, you can come
up to the podium.
Ms. Sullivan: Good evening. My name is Mimi Sullivan. My address is 2090
Bethany Way. We have only one farm winery right now in Milton.
So, my comments are being addressed towards that current facility,
current use. So, this farm is across the street and one lot over from
mine. And it’s become very obvious to us over the last couple of
months that something’s going on over there because it resembles
an event space in terms of noise and traffic congestion.
We already have a problem. I don’t know how many of you are
aware, but there’s a big curve on Bethany Way with straight on
either side. We have a real problem there with speed, and we have
a lot of accidents in our curve. People will come through that curve
at 60 miles an hour. We’ve had many, many accidents where cars
have turned over in the front yards of those of us who live there.
We’ve had several meetings. We’ve asked for some reduced speed
limits, traffic-calming measures. None of that has occurred. There
has been no progress on that being done. So, one of my concerns is
– the traffic on the road is already deadly, and we have a problem
with speeds. And if we add alcohol to that mix from this farm
winery right on that road…
Now, they had a special use permit Saturday night for 200 people,
which means there were probably 100 cars there if you count staff
and the people working. You’re talking about putting a whole lot
of cars on that road into the evening, people that may or may not
consuming alcohol, on a road we already have a problem with. It’s
only two lanes. It’s right near what’s apparently gonna be the last
and costliest roundabout in Milton at Bethany Bend and Hopewell.
And one of their entrances to one of their parking lots is right there
at that intersection.
So, there’s already a problem with congestion. It’s one of the few
east/west cut-throughs. Serving alcohol, I feel like, is gonna create
another danger to our traffic speeding issue.
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The other problem I have is – if this is a farm winery and they are
growing grapes to produce their own wine and people are coming
to see that winery and see that agricultural use of land, I have a
hard time understanding why it would be an okay thing to also
serve anyone else’s wine, anybody’s beer, and anybody’s alcohol
if the focus is on this winery, their product, how they produce it,
and so forth.
What we’re seeing are a lot of big events. They look like weddings
or parties. We’re seeing big tents with lights. One of the bigger
problems is the noise. So, inside of my house with my HVAC on,
with my television on, I can hear the music good enough to sing
along to the songs. And that bass, that beat of that music – it is
endless until the music stops.
Now, right now, I think they have to stop around 8:00. But I think I
saw somewhere in the new use permit or in the proposal that they
can go as long as 10:00 at night seven days a week. Seven days a
week until 10:00 at night, you’ve got outdoor music coming. And
we are in a horse farm area. We have fields, large lots. This sound
carries over those open fields. I’m up on a hill. I’ve got a valley
between me and the hill behind me, and I think we can talk to each
other hill to hill and barely have to yell. So, the noise, it’s like a
music festival over there. It’s like an event space over there.
One of the concerns I had is that we’re labeling a farm winery an
agricultural use. But we have a commercial-type use for event
spaces and festivals and for landscape use. So, maybe if you’re
actually growing grapes to produce your own wine, that’s
landscape use. If you’re having events with music and parties and
lots of people coming and lots of noise and alcohol served, that
seems perilously close to an event for me, an event or a festival.
So, I’m having a hard time kinda fitting, at least this particular
farm winery, into the definition of agricultural use. And I just
wonder how much of that 10 acres has to be devoted to the
agricultural production or agricultural use of a winery. It might be
good to kind of have some limit on that. It there an acre of grapes?
Is there two acres of grapes?
The State of Georgia in their code states that a farm winery is
located on premises of substantial portion of which is used for
agricultural purposes, including the cultivation of grapes, berries,
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or fruits, to be utilized in the manufacture or production of wine by
the winery 40%. It also says it should be owned and operated by
persons who are engaged in the production of a substantial portion
of the agricultural produce used into its annual production.
And some of these questions might be better asked to the State of
Georgia where they have licensed this particular place as a farm
winery, but I feel as if in that 10 acres there should be some
minimum amount that perhaps is actually agricultural production
of a farm winery.
So, in summary, I oppose this particular use to have alcohol there
both for traffic purposes – I don’t know where the noise fits in to
that, but the noise is an issue and certainly the traffic and already
on a dangerous road and nothing having been done to mitigate that
up to this point. And now we’re adding this? I have real concerns
about the traffic. Thank you very much. I appreciate your time.
Mayor Lockwood: Thank you, Ms. Sullivan. Is there any other public comment on
this item?
Tammy: No, sir.
Mayor Lockwood: Any other questions for Robyn on this? Did you have a question
[audio cuts out] [00:51:26]?
CM Moore: [Audio cuts out] question or a comment?
Mayor Lockwood: Well?
CM Moore: I’ll guess I’ll start with a comment. I know that we contemplated
this originally because we had an application before us by the farm
winery. And you guys did a good assessment of how it related to a
by right use. State parameters are set, in which we abide by as
well. I think it became confusing when we took [audio cuts out]
[00:52:01] of this particular application of this to [audio cuts out]
put forward by the applicant at the time.
But I think it’s important that when we’re measuring this that we
separate what the experience has been at the applicant’s site versus
what our intent is [audio cuts out] business. And Ms. Sullivan
makes some very profound points about things for us to consider,
most of which have to do with the applicant’s events and the way
they are conducting their business on the site separate and apart
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from a grade-up consideration of a farm winery.
I’ll pose a couple of things for consideration. One is whether or not
this part is important for us to do tonight or whether or not it’s
separate from the consideration of the application that had been
before us, which I understand is still a moving target. I have
challenged the applicant’s business plan before when they’ve been
before us. And I think it’s a confusing target. I think it’s a
disservice to the city to end what that looks like the way they’re
applying their [audio cuts out].
I think it’s important that we take a hard look at event-type things
that are taking place separate and apart from the actual conducting
of the business. I’ll offer that for consideration [audio cuts out].
Mayor Lockwood: I do wanna ask a question. So, at this point, when we started
working on this, there were applications. But there’s not. Is that
correct?
Robyn: Well, technically, there can’t be any application for something that
doesn’t exist yet, but I think there was interest by the sole farm
winery in the city. At this point, we’ve been on continuing
discussions with her and her land use attorney. And, actually,
we’re gonna be meeting again this week. So, we’re trying to work
through some of those questions that you all have raised to us and
concerns that we’ve received.
But as of last week, they’ve indicated that they are not interested in
pursuing this use permit if it is approved. Again, obviously, what
Councilman Moore stated, we’re looking at this for the entire city
but not necessarily just for one applicant. But it’s obviously up to
you all what you wanna do with it.
Mayor Lockwood: That is my point. This is something overall. But we do need to
keep in mind that there’s not any critical timing at this point. If we
wanted to defer this or extend it or look at it later, it’s not
something that is urgent.
Robyn: Right.
Mayor Lockwood: Because from what Robyn said, there is not someone looking to
bring an application forward. So, keep that in mind.
CM Bentley: To our knowledge, are there any other farm wineries that are
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commercial?
Robyn: No. They are not registered. I see Sarah back there nodding her
head, no. I know I’ve had some interest. I had some calls from a
property owner that to be honest, they’re in a CUP, and they would
have to rezone back to AG-1 to do a farm winery by right. So, right
now, we have none.
CM Bentley: I just have a comment. My comments are as follows – I have
received numerous comments from community members adjacent
and on this road, which were in opposition. Couple that with the
planning commission’s decision for denial – I also feel that since
we have just one and this is new to the city, I think that I would be
prepared to deny this. I do think it’s a disservice to the neighbors to
defer endlessly because they would not know the status of this
option. So, that’s where I am on this.
Mayor Lockwood: Carol?
CM Cookerly: Thank you. So, I am not sure what makes me more uncomfortable,
whether it’s the farm winery aspect or the special events, whether
those two are necessarily co-joined because that’s a route I travel
quite a bit, and there seems to be a lot of events there with a lot of
parked cars. Do you know? Does anybody know? Is there a limit to
special use permits if there are weddings and things like that? Or is
it all smushed together, and there’s no transparency on it?
Robyn: So, as was indicated previously, the first temporary special event
permit we issued for this past weekend for an event that was
occurring on the property, it’s the first time that I’ve ever in my
memory issued a permit. The administrative permit is allowed
twice per year per property. So, that’s something that I alluded to
that we’re working with the applicant and her attorney to kinda
resolve these issues and try to come to an understanding of what
the next steps would be for them. I don’t know if the city attorney
or anybody wants to – who was in that discussion?
Attorney Ken: I think, Councilmember Cookerly, one of your questions is – are
these permits and some of these uses [audio cuts out] [00:58:41]
sort of mushed together is what I thought you were saying. I think
the typical answer is yes.
And the issue, particularly the property we’re talking about – and I
know we’re having another meeting on Wednesday – is getting to
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the bottom of exactly what they think they can do on the property
and whether we agree that they can do those things on the
property.
So, I wanna reserve my own judgment on that because we received
a fairly [audio cuts out] list of things that they maintain that they
can do on the property. And, candidly, I’m not sure that I have had
a chance to vet that with city staff yet. And I wanna be able to do
that before I can tell you if I have a comfort level that I agree with
what they thing they can do.
CM Cookerly: Well, I was intrigued because in my travels seeing quite a few cars
there with golf carts and things like that moving people around but
a lot of parked cars and then to hear that they haven’t had that
many special use permits. It’s just math and what exactly – I would
appreciate transparency across the board, which I think is fair to
the neighbors.
Attorney Ken: Agreed.
CM Cookerly: Thank you.
Mayor Lockwood: Paul?
CM Moore: Robyn, I have a question for you. Farm winery definition as
provided to us by the state does not contemplate all of the other
things that we’re experiencing with the applicant today, correct? It
entitles them to the farm winery activities, the production of grapes
and wine, and maybe even a tasting room. But it does not
necessarily include all the other things that we’re experiencing on
the property that have been discussed to great length. Is that
correct?
Robyn: So, I would defer to Sarah because I’m not super familiar with the
exact definition of the state. I know that we have the definition
here at the top based upon our Chapter 4. So, I don’t know if it’s
exactly the same or not per the state or if the city attorney wants to
speak – whoever.
Sarah: Fill in the blanks. So, are you talking about the ability to have
events on the property?
CM Moore: My question is – the state definition of a farm winery does not
include the kinds of things that we’re experiencing that a lot of
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concern has been expressed about, the events –
Sarah: Events, right.
CM Moore: – the music, lots of parked cars, etcetera.
Sarah: Not that I know of. By right, the state does allow beer and liquor
consumption on premise. That part the state does allow. I don’t
think it addresses events.
Attorney Ken: It doesn’t. It doesn’t exclude them. I am intrigued. I’ve got it in
front of me. It does talk about the premises. And then it says, “a
substantial portion of which is used for agricultural purposes”
clearly written by a lawyer – indecipherable. A substantial portion
– so, what does that mean? We’re gonna get to the bottom of that.
And I’m having some fun with it. But I know that means more than
just nominal use.
CM Moore: Where the predominate use appears –
Attorney Ken: That’s what I’m getting to. That’s right.
CM Moore: – to be something other than a farm winery.
Attorney Ken: That’s right.
CM Moore: There’s an underlying farm winery, but it really is an event facility.
Attorney Ken: Exactly.
CM Moore: Having heard that with the benefit of that from Robyn and from
Sarah, I would go down the path of – is the alcohol portion of that
different for the City of Milton than from the state? I’m just saying
if the council were to choose to go forward this evening, I would
be hard-pressed to support the alcohol portion, the beer and spirits
portion, because that is different than we’ve ever allowed in Milton
before. And I would support the planning commission’s
recommendations for the reasons that they – the great length that
they went to vet it.
If we were not gonna go forward with that, I think there is some
value to pausing because I know that in our consideration it’s been
heavy-handed with the consideration of the applicant separate from
when you have a clear assessment of it if it were not with the
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applicant’s consideration. So, I think we’ve clouded it. The
applicant at this point is truly separating some of those. It might be
best served to simply pause. I offer that for consideration.
Mayor Lockwood: Yeah. We mentioned that earlier. Laura?
CM Bentley: I just wanted to make I remember this correctly because we did
come back, Sarah, and we allowed the sale of out-of-state wine for
this particular winery also in addition to…
Sarah: Correct. The initial rewrite of Chapter 4 – we said they could only
sell their wines and other wines made in Georgia. That was the
initial approval of the entire ordinance. And then we came back
and revised that that they could have any wine they wanted from
anywhere that they could sell on the premises.
Mayor Lockwood: Joe?
CM Longoria: I certainly understand the citizens’ concerns related to this. I just
wanna point out we’ve spent a lot of time talking about this up to
this point. And the text amendment, the way it’s written, was our
suggestion as a group. So, I’m not saying that’s a bad thing. I’m
not it’s a good thing. But we made those decisions based on a lot
of information that was being shared, a lot of detail related to what
makes a venue like this successful.
So, I don’t wanna lose track of the fact that some of this was well
founded on the information that had been shared at that point in
time. But I support delaying this decision or putting this off until a
better date.
CM Cookerly: Can I just add one thing.
Mayor Lockwood: Go ahead, Carol, and then Peyton.
CM Cookerly: Go ahead, dear.
CM Jamison: I’m good.
CM Cookerly: So, I understand that in the comments. However, [audio cuts out]
[01:05:04] clear to me that big events plus farm winery plus horse
operation. I thought we were [audio cuts out] farm winery/event
venue, then that’s – I’m with you. [Audio cuts out] pause button
and understand [audio cuts out].
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CM Jamison: I was gonna say just exactly what Carol said. I know the applicant
really isn’t applying for this now – is what they said. [Audio cuts
out] at that point.
Mayor Lockwood: Paul?
CM Moore: Another question for Robyn. Robyn, is staff better served to have
an underlying ordinance in place for farm wineries at this point,
even if we choose to pause on all the other? Or are you equally
well served at this point for us to pause?
Robyn: You’re saying a farm winery that’s just serving wine of their own
or what’s permitted thus far without…
CM Moore: Not the text amendment.
Robyn: Right, without the beer or liquor.
CM Moore: Are you served efficiency and sufficiently by the ordinance prior to
the text amendment to facilitate a farm winery in Milton?
Robyn: I think that’s a policy decision. That’s not up to me. I think that
obviously this farm winery – and we can talk to the city attorney –
would be grandfathered in. And, therefore, an existing one, I don’t
think, would have to meet all of these requirements because we
allowed it as a permitted use. So, I would let the city attorney
address that. So, again, it’s a policy issue, whether you feel like in
the future you want future farm wineries to go through a use permit
even if they’re not selling beer or liquor and then what would
happen with the existing one.
Attorney Ken: Well, it’s interesting you’re talking about that. Having the existing
use because we begin to regulate it, we all know how that – I think
there is already discussion, but I would sort of bifurcate the issues.
The [audio cuts out] [01:07:31] is what heard is that single farm
winery that I think – at least I know we have [audio cuts out]
some of this is not in a hurry to pull down this permit. Therefore,
from my perspective, I don’t see any legal [audio cuts out].
Mayor Lockwood: I will [audio cuts out]. Ken, question for you because I’ve heard
both a delay, a pause on the shelf so to speak, and an outright
denial. What would the process be for a delay or [inaudible].
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Attorney Ken: It depends what the objective of the council is. If it’s truly to delay
and have something else brought back because this isn’t what you
wanted, that looks like one thing to me. That would be some
direction to staff with perhaps a date certain put on a future
agenda. Or if it’s truly “let’s just take a time out,” you could
withdraw the agenda item all together or you could table it.
And, of course, remember, procedurally from a parliamentary
procedure standpoint, if you table it, there have to be basically two
meetings to bring it back it. One meeting where you remove it
from the table and then it comes back to the next succeeding
meeting. So, I would be comfortable with either or any of those,
Mr. Mayor.
To me, the trigger though is direction or no direction. If there’s
really not any direction, then it seems to me either a table or
withdrawal would be the right play. If there’s direction, then I
think it helps staff to know what their objective date is to bring it
back.
Mayor Lockwood: Comments on that? Questions?
CM Longoria: I say withdrawal was the best option because it gives us more
flexibility.
Mayor Lockwood: Do you agree with that, Ken?
Attorney Ken: Mr. Mayor, that’s fine because this is a city-initiated code change.
It can be brought back whenever the staff or the council want it
brought back.
CM Bentley: I just have a comment at this point. After thinking a long time
about introducing beer and liquor into our AG-1 areas, I’m not
gonna have any additional direction on this. So, just for the record,
I wanna state that there’s really no change or improvement that I
can foresee that would have me supporting this.
Mayor Lockwood: All right. I’ll open up for a motion.
CM Jamison: Mayor, I’ll make a motion to withdraw agenda item No. 20-307.
CM Longoria: Second.
Mayor Lockwood: I have a motion for withdrawal from Councilmember Jamison with
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a second from Councilmember Longoria. Is there any discussion
on that? All in favor please say “aye.”
CM Jamison: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: Any opposed? That would be six support and Councilmember
Bentley against. Tammy, will you please sound the next zoning
item.
Motion and Vote: Councilmember Jamison moved to withdraw Agenda
Item No. 20-307. Councilmember Longoria seconded
the motion. The motion passed (6-1). Councilmember
Bentley voted in opposition.
Tammy: The next item is consideration of zoning amendment RZ20-19 to
amend Section 64-1121 within the rural Milton overlay as it relates
to a farm winery – agenda item No. 20-308.
Robyn: So, this next item RZ20-19 is a use table that comes out of the
rural Milton overlay district. It’s associated with farm wineries.
But with that said, there was a tweak that we needed to make. So,
even though you’re withdrawing the farm wineries consumption on
premises of beer and liquor, we don’t need it for that.
But I would like you to consider adding farm wineries under the
agricultural-type uses just to make this table complete since this is
more of a recent-type use. So, with that said, I would recommend
approval of RZ20-19 with an amendment just to add farm wineries
to agricultural-type uses and not to include farm wineries
consumption on premises with [audio cuts out] [01:12:11].
It’s not up. It’s coming up. So, you’ll have it in front of you in a
second – there. So, that second column is agricultural-type uses.
So, basically what we do, we subdivide in the rural Milton overlay
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different types of uses depending on what the uses are. And there’s
another page. There’s some more items before this, but I just put
this one on. We look at things like buffers, parking location, just
general things.
But in our agricultural-type uses, we really wanna make it as
simple as possible. So, that’s why we wanna put this farm winery,
just the farm winery that’s allowed by right – you see the asterisk?
And then on the bottom right, it says allowed by right within the
zoning district. So, I would request that you approve this table with
an amendment to add farm wineries only.
CM Cookerly: Strike the other?
Robyn: Right, to strike the second one.
Attorney Ken: The one without the asterisk.
Robyn: Correct.
Mayor Lockwood: Do we have any public comment on this?
Tammy: We do. Ms. Sullivan has a comment on this.
Ms. Sullivan: Here I am again. Mimi Sullivan 2090 Bethany Way. You all may
get tired of hearing from me tonight. I guess an agricultural use is
as simple as possible, but it makes it simple as possible to put that
tent right up along the road at the front of the street with all the
lights and all the chairs and tables inside of it and the music
nearby. So, that’s one of my concerns.
My other concern is that all of this is happening during a
pandemic. This whole issue has been unleashed during this time
when very few people are paying any attention to what’s going on.
And that concerns me that we’re not getting more input.
And part of the reason I feel that we’re not getting more input from
the neighborhood is because we’re all looking for signs. We’re all
looking for that yellow sign out there in front of that place. What is
going on? We’re calling each other saying, “What is going on?”
And there’s no notice to us. We’ve received nothing in the mail to
tell us. We’ve received no signs in front of the property to say,
“This is what’s going on. This is what’s being considered. You
may wanna find out what’s going on in here.”
There has been a small line mentioned in an agenda meeting that I
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think a lot of us aren’t paying attention to because we’re more
concerned with our jobs and our children and school and
everything else going on.
So, one of my questions – and I don’t necessarily expect you all to
be able to answer this tonight. So, if we withdraw this and we table
this and this doesn’t happen, does that mean she has to stop doing
what she’s doing? This has been going on now for months. Does
that mean the music is gonna stop? And the music goes on at least
three nights a week.
Does that mean that we’re gonna stop seeing all the police cars in
the road blocking traffics, cars lined up back to the curb so that
someone coming down from Haygood around the curve can’t see
those stopped cars until they get around that curve. Does that mean
that our neighborhood will go quiet again? Because right now we
have got a commercial use in the middle of a residential area.
I can only address this one farm winery because that’s all I have.
But it feels like we should define what we think a farm winery
should be doing in Milton before we make approval on any kind of
amendments about it. What is our definition of farm winery?
There’s been a lot of conversation about that tonight, and it seems
to not be clear. If you look at the 69 pictures that are on the website
for this farm winery, seven of 69 show anything to do with wine.
Two are with grapes. One is with 1-foot tall seedlings planted.
Another looks like an established mature vineyard, and I wonder if
that picture was even taken at that property. But all the other 62
pictures show festivals, events, parties, tables lined up in the
woods with lights and trees. So, I feel like the focus of this farm
winery is not the production of wine and highlighting their wine.
And one of my other concerns is that – let’s see, no signs – oh, it’s
a nice idea to say, “We’re gonna have one site on the property.
This is the only place that you can have alcohol. You can’t walk
around with a glass. You can’t have it out here in the woods, at the
table, or over here.” Who’s monitoring that? Who’s gonna go
onsite every night to these events and see where someone is
drinking this alcohol. That might be something you’re proposing
that’s very hard to monitor. So, I’m not sure that’s necessarily a
solution unless you have an enforcement officer that’s gonna be at
every event there that’s checking that out.
Those are pretty much all my thoughts. I appreciate you alls’
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attention so much. And it’s nice to know that you all are being so
thoughtful about this topic. Thank you.
Mayor Lockwood: Thank you, Ms. Sullivan. Any other public comment?
Tammy: No, sir.
Mayor Lockwood: I’ll close the public hearing and then bring it back to questions for
Robyn or Ken or any other staff members.
CM Bentley: I have a question. So, Robyn, the change to the chart – that
includes not the prior text amendment details, the 10 acres.
Robyn: Correct, correct. It just…
CM Bentley: It’s just updating the chart –
Robyn: Right.
CM Bentley: – for farm wineries.
Robyn: So, it would comply with the develop – there’s only like four or
five development standards that are under the [audio cuts out]
[01:18:34].
CM Bentley: So, in that definition of farm wineries, would the ability to sell that
we granted, out-of-state wine, be included in that definition of farm
winery? Because we decided that a while ago.
Robyn: I’m just looking at from whatever the farm winery was permitted
to do yesterday or before, they’re still allowed to do that today if
you approve. It doesn’t really make any impact on what they can
or can’t do. It’s whatever is permitted through the alcohol license
and the state. That’s all that means as a farm winery.
CM Bentley: Thank you.
CM Moore: I have another question. Sorry. I’m trying to figure out how to ask
the question. Robyn, if I remember correctly, at one point in our
discussion, not this evening, in a prior discussion about this, when
there was some concern expressed about setbacks or buffers for the
farm winery, remind me. If it’s an official agricultural use nascent
to AG-1 residential use, what is the setback requirement?
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Robyn: So, under this category of agricultural-type uses, you only have to
comply with the standard AG-1 setback. So, if you’re growing
grapevines, you could do it right at the property line. But any kind
of buildings that would be on it at this point in time would just
have to comply with the AG-1 setbacks as well as – under this
category, there’s no buffers. Traditionally, if you had a church
adjacent to a residential, we would require 75 feet for more than 4
acres. So, none of those buffers are within this category of this
agricultural type uses.
CM Moore: So, in assessing the current operation that’s there, the [audio cuts
out] [01:20:40] part of it is basically zero setbacks if I heard you
correctly for the growing of the grapes.
Robyn: Growing of the grapes, yeah.
CM Moore: Growing, harvesting, whatever – and if it’s done manually or even
with machinery, that can be done pretty much at the property line
without restriction.
Robyn: Correct.
CM Moore: And in your assessment of what the structures are on the site, are
those compliant with the appropriate setbacks? Are there any
considerations that we’d need?
Robyn: I would have to look at the site plan. I don’t have it right in front of
me. I can’t give you an exact answer.
CM Moore: If we were to not include that this evening in the request that you
made for that placed into the chart, again, because we’re providing
other consideration for farm wineries, would that pose any issue to
staff right now if we were to delay on that as well until we better
understood what our definition of a farm winery is?
Robyn: That would be up to you all. I would see if I could go back and
look at what the situation of our only farm winery is what kind
position they would be, and I can do.
CM Moore: The reason I ask – I have mixed feelings about it because of the
important statement that you made [audio cuts out] [01:22:12]
attorney would need in on and the fact that there has been this
ongoing use. Because it’s been allowed for a period of time and the
applicant feels like there are some things that they are entitled to,
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whether or not we take this action tonight really would have less
impact on that one because of the fact that they’ve been doing it
that way for a period of time. Are we actually providing more
protection for staff by putting it in the table today rather than
delay?
Attorney Ken: That’s a mixed question, Councilmember. The reality is we do
recognize something in Milton called a farm winery. It’s in our
code. It’s in the state law, and our code simply says to the
definition of what is a farm winery – it’s a farm winery that’s
considered a farm winery by the state.
So, I don’t know that whether we make what I would almost
consider to be a housekeeping table amendment tonight moves my
needle one way or the other as to whether this one business we’re
all sort of talking about derives any benefit or detriment from it.
From a legal perspective, I could go either way.
CM Moore: The comfort I was looking was recognizing that there are certain
things that we are forced to address because of what we’re already
dealing with versus the opportunity to give staff something that
they need to your point with housekeeping going forward. I’m
inclined to lean toward giving staff the benefit of the housekeeping
correction, and if it doesn’t provide us any detriment or any unsure
footing with the other application part of it, I’m inclined to go
forward with the housekeeping.
Attorney Ken: I understand. That makes sense.
Mayor Lockwood: Laura?
CM Bentley: Just a comment on farm wineries, I know we’ve only identified
one commercial one, but we do have others in the city.
Robyn: Correct. I guess there is true that there is somebody in Sunnybrook
Farms that has a pretty extensive winery as far as growing grapes.
But he doesn’t, as far as I know, open it up for the public. It’s just
for his own hobby.
CM Bentley: So, with that, I would just say I obviously support farm wineries,
and this seems to be a housekeeping item we need to just go ahead
and allow. In my opinion, again, the text amendment is different.
That’s a deeper and more serious matter with what we allow if I’m
understanding this the right way.
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Robyn: I’m not sure even what the gentleman in Sunnybrook Farms says. I
don’t know what he does with his grapes. I don’t know if he
produces wine to be sold. So, I’m not even sure if that is
considered a farm winery, or he’s just doing agricultural
propagation of grapevines and then collecting it. I’m not sure what
makes ultimately a farm winery. I do know that he grows grapes.
CM Bentley. It’s an Ag use, and this is what we want in Milton.
Robyn: Right.
CM Bentley: So, I in no way want to squelch that. The additional uses with the
farm winery are my issues.
Mayor Lockwood: Anybody else? Joe?
CM Longoria: Robyn, there’ve been a couple comments tonight about things that
are actually taking place on some of the properties that are known
to be farm wineries. We don’t have any nonconforming activity
taking place, do we? We don’t have an enforcement problem, do
we?
Robyn: Well, I think that’s what we’re in discussions with the property
owner and her attorney to try to figure out what the City of
Milton…
Mayor Lockwood: Would that be better answered by Ken?
Attorney Ken: Yeah, it’s a work in progress, Councilmember Longoria. We’re
still looking at this. Like I say, we got presented with a laundry list
of uses that this property owner believes they have been doing for
decades. And their position is, therefore, they have the right to
continue doing it.
I think staff was gonna go do some research to see not only what
maybe their notes reflected but also maybe what some of the
previous codes from Fulton County would’ve authorized in some
of the departments that they might have been issued, but that’s a
work in progress.
So, your question’s a good one. As with Councilmember Moore’s,
I’m not sure I can answer it yet.
CM Longoria: Right. I guess my point is and one of our citizens asked the
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question – does us taking action or us not taking action stop any of
the behavior that we’re observing right now on the property in
question. And the answer to that question is no. What’s happening
today is gonna be happening tomorrow. What we do tonight is not
gonna impact that.
Attorney Ken: That’s my position. The uses that I saw – I’m not saying I’m even
troubled by them; I just wanna know more information – were not
about a farm winery.
CM Longoria: Right, exactly. Thank you.
Mayor Lockwood: All right. Any questions? If not, I’ll open it up for a motion.
CM Bentley: Mayor, I’d like to make a motion to approve agenda item No. 20-
308.
CM Cookerly: Second.
Mayor Lockwood: I have a motion for approval from Councilmember Bentley with a
second from CM Cookerly.
CM Cookerly: I wanna clarify exactly what you wanna approve on that.
CM Jamison: The presentation has the…
CM Moore: Asterisk versus not asterisk striking the one part of the…
Mayor Lockwood: So, do you wanna clarify?
CM Bentley: Yeah. As presented, I…
CM Cookerly: Well, it would be more clear that you just say, “I make a motion to
approve the item just with the addition of farm wineries under
agricultural-type uses.” So, it will be very clear exactly if that’s
what you’re going to propose.
CM Bentley: All right, Mayor. I’d like to make an amendment to my motion.
Mayor Lockwood: She can go ahead and make a new motion, right?
Attorney Ken: Yes, that’s correct.
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CM Bentley: Mayor, I’d like to make a motion we approve agenda item No. 20-
308 specific to farm wineries – current farm wineries…?
CM Cookerly: No, you just say, “Only to include farm wineries under
agricultural-type uses.”
CM Bentley: Only to include farm wineries under agricultural uses.
Mayor Lockwood: Do I have a second?
CM Cookerly: Second.
Mayor Lockwood: So, I have a motion as read from Councilmember Bentley with a
second from Councilmember Cookerly. Any discussion? All in
favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: Any opposed? That’s unanimous. Tammy, if you’ll please sound
the third and final zoning item. Excuse me.
Motion and Vote: Councilmember Bentley moved to approve Agenda
Item No. 20-308 “Only to include farm wineries under
agricultural-type uses.” Councilmember Cookerly
seconded the motion. The motion passed (7-1).
Tammy: That was. We’re moving on to unfinished. That was the third item.
Mayor Lockwood: We’re moving to unfinished business. So, if you would sound…
Tammy: Absolutely. Consideration of an ordinance to amend Chapter 4,
Section 85, farm wineries of the alcoholic beverages of the code of
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the City of Milton, GA – agenda item No. 20-309. Ms. Sarah
LaDart.
Sarah: Good evening, Mayor and Council. I believe since council chose to
table the earlier agenda item that this one should be tabled as well?
Attorney Ken: Withdrawn.
Sarah: Withdrawn – sorry. It’s to add that beer and liquor consumption on
premises as licenses issued to the farm winery section and alcohol,
Chapter 4. So, it’s no longer necessary.
Mayor Lockwood: Tammy, do we have any public comment on this?
Tammy: No, we do not. No, we do not.
Mayor Lockwood: I’ll close that hearing and open up for a motion – or if there’s any
questions or discussion?
CM Jamison: Mayor, I’d like to make a motion to withdraw agenda item No. 20-
309.
CM Moore: Second.
Mayor Lockwood: I have a motion from Councilmember Jamison for withdrawal of
this item and a second from Councilmember Moore. Any
discussion? All in favor please say “aye.”
CM Jamison: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: Any opposed?
CM Bentley: Opposed.
Mayor Lockwood: That’s six in approval and Councilmember Bentley in opposition
for the record.
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Motion and Vote: Councilmember Jamison moved to withdraw Agenda
Item No. 20-309. Councilmember Moore seconded the
motion. The motion passed (6-1). Councilmember
Bentley was in opposition.
Sarah: Thank you.
Mayor Lockwood: And I just wanna make just a general comment. I know we had
public comment on this. And per our rules, pubic comment is a
time for us to hear from the citizens and not a back and forth and
answer questions. But for any of those that spoke publicly tonight,
please feel free to – after the meeting – reach out to anyone of us
or our staff members or email. We’ll be glad to phone call and
answer any questions we can on the ongoing situation there and
whatnot.
If you’ll please read the final unfinished business item.
Tammy: The second item is consideration of an ordinance revision to
Chapter 46, Article II, Section 46-24 for prohibitions of public and
private littering – agenda item No. 20-310. Mr. Robert Drewry.
Robert D: Good evening, Mr. Mayor and Council again. What you have
before you is a revision to the county’s municipal code for littering
on private property. Actually, it was initiated by Georgia EPD’s
audit of our stormwater permit. They’ve actually told us that we
need to adopt the model state ordinance for littering on private and
public property.
So, the ordinance in front of you is basically the state’s model
ordinance. I would like to add just for clarification that since the
first reading, we did have to add a paragraph to the code to include
construction sites and construction site operators keeping their
waste on site. Otherwise, this is a model ordinance. And legal has
approved it. I’m available for any questions.
Mayor Lockwood: Any questions on that? If not, I’ll open it up for a motion.
CM Cookerly: I’d like to make a motion we approve agenda item No. 20-310.
CM Moore: Second.
Mayor Lockwood: I have a motion for approval from Councilmember Cookerly with a
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second from Councilmember Moore. All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: That’s unanimous. Let’s move on to new business. Tammy, if
you’ll please sound the first item.
Motion and Vote: Councilmember Cookerly moved to withdraw Agenda
Item No. 20-310. Councilmember Moore seconded the
motion. The motion passed (7-0).
NEW BUSINESS
Tammy: Consideration of the issuance of a beverage license to L’Amour
Nails and Beyond Salon, 850 Mayfield Road, Suite 101B, Milton,
GA, 30009 – agenda item No. 20-322. Ms. Bernadette Harvill.
Bernadette: Good evening, Mayor and Council. Before you this evening, we
have an application for an incidental license. I just wanted to give
you a little background on what that is. An incidental is for an
establishment that does not serve any food. They also cannot
charge for the alcohol. This is where they’re just offering alcohol,
either beer or wine. You cannot have any distilled spirits. There are
limits to the amounts that can be served. They cannot exceed 16
ounces of wine or 24 ounces of beer within a calendar date to the
individual.
There are also restrictions on how much money they can spend on
the alcohol as opposed to their total gross receipts. It’s at 2%. And
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there are limited hours from 9 a.m. to 10 p.m. So, this would be for
L’Amour Nails and Beyond Salon right here in downtown
Crabapple. They have met all the requirements, and staff
recommends approval.
Mayor Lockwood: Is there any public comment on this?
Tammy: There’s not, no.
Mayor Lockwood: I’ll close the public hearing. Any question? I’ll open up for a
motion.
CM Bentley: Mayor, I’d like a motion to approve agenda item No. 20-322.
CM Jamison: Second.
Mayor Lockwood: I have a motion for approval from Councilmember Bentley with a
second from Councilmember Jamison. All in favor please say
“aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: Any opposed? That’s unanimous. I’ll ask our city clerk to please
call the next item.
Motion and Vote: Councilmember Bentley moved to approve Agenda
Item No. 20-322. Councilmember Jamison seconded
the motion. The motion passed (7-0).
Tammy: The second item is consideration of the issuance of a conditional
alcohol beverage license to Milton Tavern, LLC, at 13800 Georgia
Highway 9, Suite 3031, in Milton – agenda item No. 20-323. Ms.
Bernadette Harvill.
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Bernadette: Milton Tavern is over off Bethany Bend and Highway 9. They are
looking to complete construction of their renovations. During that
renovation process, we now have an option for them to have a
conditional license. This will give them the ability to get their state
license and everything in order so they can open up on Day 1
serving their alcohol. They did meet all their requirements, and
staff recommends approval.
Mayor Lockwood: Is there any public comment on this?
Tammy: There is none. I’ll close the public hearing. Is there any questions?
If not, I’ll open it up for a motion.
CM Bentley: Mayor, I’ll make a motion that we approve agenda item No. 20-
323.
CM Second.
Mayor Lockwood: I have a motion for approval from Councilmember Bentley – I
believe Councilmember Moore was the second – with a second
from CM Moore. All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: Any opposed? That’s unanimous.
Motion and Vote: Councilmember Bentley moved to approve Agenda
Item No. 20-323. Councilmember Moore seconded the
motion. The motion passed (7-0).
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Tammy: Our third item is consideration of the issuance of a – I’m sorry –
yes, I’m sorry – of alcohol beverage caterer license to ‘Cue
Barbecue at 13700 Georgia Highway 9 North in Milton – agenda
item No. 20-324. Ms. Bernadette Harvill.
Bernadette: All right. ‘Cue Barbecue also off Highway 9 is looking to add a
resident alcoholic beverage caterer license. This allows ‘Cue to go
to private events or special events and serve the alcohol that they
are licensed to serve within their establishment. So, in this case, it
would be wine and malt beverages.
They do have to submit a subsequent permit request to our city
manager for approval for each event. So, we would be notified
before the event that they’d be doing that. This is the license to
allow them to have the license to do those events. They’re in
compliance, and staff recommends approval.
Mayor Lockwood: Any public comment, Tammy?
Tammy: There are none.
Mayor Lockwood: I’ll close the public hearing and open up for any comments,
questions, or discussion.
CM Moore: Question. Bernadette, just to clarify, I’ll ask your input on two. I
wanna host a private party in my home, and I want a caterer. I also
want them to serve beer, wine, and spirits. If I were needing a
permit for my event. If I was hosting a wedding, I guess, in my
backyard – would be a better example, correct?
Bernadette: Yes, sir. So, there’s couple of different distinctions here. If the
event is still deemed as special event, that location would still need
to get their special event approvals through zoning and all of that.
If it’s a small private event, that would not require that. ‘Cue
would still need to come in and get their permit for that event to
serve. In this case, they don’t do distilled spirits, but any resident
caterer doing distilled spirits would remit their excise taxes and
things like that.
CM Moore: And then thinking about the event that took place this last weekend
at the farm winery, would ‘Cue have required – they were actually
one of the providers of the food. I don’t know whether they did
alcohol or not. But using that as the example, they would have had
to have pursued a permit to sell the spirits at that event.
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Bernadette: That is correct. They are under a temporary currently while this is
under advisement for you to approve or disapprove. And they do
have to tell us about each event. And then those events are
authorized.
CM Moore: Great. Thank you.
Mayor Lockwood: Questions? I’ll open up for a motion.
CM Moore: Mayor, I move we approve agenda item No. 20-324.
Mayor Lockwood: Do I have a second?
CM Bentley: Second.
Mayor Lockwood: I have a motion from Councilmember Moore for approval with a
second from Councilmember Bentley. All in favor please say
“aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: Any opposed? That’s unanimous.
Bernadette: Thank you.
Mayor Lockwood: All right.
Motion and Vote: Councilmember Moore moved to approve Agenda
Item No. 20-324. Councilmember Bentley seconded
the motion. The motion passed (7-0).
Tammy: Our final item is consideration of a professional services
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agreement between the City of Milton and Charles Abbott
Associates, Inc., for building plan review and inspection services –
agenda item No. 20-320 – Mr. Robert Buscemi.
Robert Buscemi: Mayor, Council, good evening. The city’s current contract for
building plan, review, and inspection service is coming to an end.
Milton remains committed to customer satisfaction and has gone
through an openly competitive request for proposal RFP process in
order to select the firm to provide these technical services with the
most efficient rate.
The RFP was advertised in June of this year, and five responses
were received. The responses were assessed by an internal
evaluation committee comprised of staff from community
development and public works resulting in the selection of this
proposal. And it’s the proposal before you tonight from Charles
Abbott and Associates.
Mayor Lockwood: Are there any questions? I also had some discussions with the city
manager and some of you. And in the past, we have asked to look
at some other options moving forward for the future. And I would
like to give staff a little bit more time to look at those before we
enter in to a long-term contract if there’s a possibility that we could
have a kind of an extension or whatnot and give us a little bit of
time to look at that.
Attorney Ken: We’ll have to bring you back, obviously, a contract amendment.
But, again, I’m comfortable that that is perfectly in order.
Mayor Lockwood: Anybody else? Questions or comments?
CM Bentley: So, can you clarify what a contract amendment is?
Attorney Ken: Right. So, there’s going to be an existing contract. Right now, we
have, I believe, with our current provider, which is SAFEbuilt –
and if we want simply to allow additional time to look at bringing
this function inhouse or some other option, I would simply work
with their attorney or whoever the peer is on the other side and get
an extension of their existing contract for some period of time
between – I was thinking three and six months, but I’ll take my cue
from the city.
CM Bentley: Thank you.
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Attorney Ken: And just for purposes of the procedure – and, again, I don’t wanna
forecast what the council is going to do this evening – but if it is, in
fact, you’re not prepared to enter into the contract with the RFP
recommendation, then rejection of all the proposals is fully
consistent with your purchasing policies. I would only ask that if
that’s the motion that’s gonna be made, that you simply [audio
cuts out] [01:42:56] that is perceived to be [audio cuts out].
Mayor Lockwood: And I just wanna make a statement that this has no reflection on
Charles Abbott or SAFEbuilt. So, no negative reflection or
whatever on either firm. But just based on discussions and whatnot
and options, we wanna just look at this a little bit harder. So, that
would be my recommendation. And, Ken and Steve, you said we
could do an extension for six months on the legal side and then
make our decisions. So, I don’t know if anybody else has any other
thoughts in a different direction, I’m fine with that too to listen to.
Attorney Ken: Mayor, in case I wasn’t clear, I don’t wanna do the extension
tonight. That is gonna be a separate item.
Mayor Lockwood: So, what we would need to do tonight if everybody’s in agreement
with that would just reject.
CM Cookerly: And what’s the language for the motion?
Mayor Lockwood: We would reject at this point the applications or the contracts.
Attorney Ken: Well, here’s what I’d recommend. I think the first thing we have to
do is we need to reject all the proposals because that is in the best
interest of the City of Milton, and then direct staff to work with
SAFEbuilt to bring back a six-month amendment to the existing
contract.
Steve: Ken, the only thing I was thinking just because that’s gonna
require a special called meeting, this is gonna be a difficult time to
get that done because I’m gonna have to get that done before the
30th. Is there any way that a motion could be made that could
authorize us to enter into a contract after six months without
having to reassemble the council?
Attorney Ken: The problem I’ve got is – that’s really not on the agenda. The
contract amendment is not on the agenda. It’s a fair point and
that’s probably in any place other than government, that would be
the way you do it, but we’re so regimented with respect to our
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agendas. I think that the better play is to reject the proposals that
have been tendered and then authorize the return of that contract
amendment.
Mayor Lockwood: So, Steve, what you’re saying, we’d need a special called meeting
before – what’s the date?
Steve: Before the end of the month. I’ll turn this around as quickly as I
can.
Mayor Lockwood: And, again, I’m just asking. Ken, is there any – there may not be –
but a way that this could be confirmed at the first next meeting?
Attorney Ken: That’s what I was gonna say. I would recommend we simply just
have discussions with SAFEbuilt, work out the terms of the
contract, understand that the ratification will occur at the first
meeting in Milton.
Mayor Lockwood: Maybe a few-day window there then.
Attorney Ken: I don’t have any problem with that at all.
Mayor Lockwood: Joe?
CM Longoria: So, it’s better for us to reject the work that’s been done already as
opposed to just withdraw this item from discussion tonight?
Attorney Ken: Well, the pursing policies give you a couple of options with respect
to an RFP process. I’m simply looking at the language in your
pursing policies. You can either approve it. You can disqualify, or
you can reject the proposals. I think rejection is probably what
needs to occur here. You’re clearly not going to accept it is the
tenor I’m hearing from the council.
Mayor Lockwood: Well, I see Joe’s point. Can you table the – I think what would
happen – after this period, the decision would be to – for lack of
better terms – put it back out for proposals.
CM Longoria: Right.
Mayor Lockwood: And the same proposed companies can propose on them.
Attorney Ken: It’s challenging though in a solicitation process to table. Proposals
get stale. Dollar amounts get stale. Circumstances change.
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Steve: That’s right.
Mayor Lockwood: And I would say this. I know there’s been a lot of work on some
companies that have done this. But maybe I’m wrong, but they
probably could just update their proposals –
CM Longoria: That’s true.
Mayor Lockwood: – with new dates and new dollars if anything changes. It’s not like
starting from scratch.
CM Moore: No, but to Joe’s point, when my company makes a proposal
together in response to an RFP, the proposal has an expiration date.
Oftentimes, it’s 30 or 60 days accepted or rejected. If it’s not
accepted by the hiring party, our obligation to honor the price
point, for example, [audio cuts out] [01:47:39] if we haven’t
accomplished what you’re after in 30 or 60 days, it’s entirely
possible. And if the RFP response has included language like that,
it becomes moot because we would’ve gone beyond the expiration
date of their RFP offer.
Attorney Ken: Right. I do these from time to time as well as. My private law firm
does RFPs. It’s not terribly uncommon for there not to be an
award, particularly with an RFP, even different than a bid because
an RFP is actually where you’re asking the vendor – tell us your
proposal for solving this problem. So, it’s not quite as regimented
as a bid and by design has a lot more flexibility put into it.
There are some things, depending upon where the council wants to
go, we’re going to need to look at with respect to some of your
other codes that are implicated in this that may also lend itself to
just a rejection on this one.
If you all wanna fire this back up in the future and you really don’t
change their proposal specs much, then these entities could just
resubmit what they submitted the first time, maybe with some
clarifications. But I do think your code anticipates sort of a line in
the sand, whether an approval or a rejection. Again, it’s not
rejection in a pernicious way. It’s simply just the end of the
process. That’s all.
CM Cookerly: I have a question. So, given the fact that we have latitude as a
council, elementary or [inaudible], but why can we not [audio
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cuts out] this company through no fault of this company other than
[audio cuts out] perhaps inhouse it. And at the same time, latitude
for staff or agreement with [audio cuts out]. Why can’t we wrap
those two together? If we have the latitude not to choose a
company, then we just don’t choose this one.
Attorney Ken: So, I think we’re gonna do everything you just said almost exactly
like that, except I am gonna make you come back and ratify it in
December. That’s more me and me trying to keep close look on
your agendas.
CM Cookerly: We’re gonna do it in a regular council meeting.
Attorney Ken: Yeah, at a regular council. Yes, it’s gonna be the same effect.
CM Cookerly: That’s fine. That’s fine.
Mayor Lockwood: We can put that on record, Councilmember.
Attorney Ken: Your point’s well taken, and I think the city manager’s gonna have
the ability to negotiate it, get it done, put it to bed, and maybe even
have the mayor sign it. But it’s just more transparent to have it
back in front of this council at a meeting on the published agenda.
CM Cookerly: Then I think I just repeated what you just said. Sorry about that.
Attorney Ken: No, no. No worries at all.
Mayor Lockwood: Tammy, do we have any public comment on this?
Tammy: I do not. I’m just double-checking. No, I do not see any hands
raised. We don’t have any.
Mayor Lockwood: Then I’ll close the public hearing part of this. Are there any
questions?
CM Cookerly: I’ll be happy to make one if somebody gives me the language for
it.
Attorney Ken: The key, Councilmember Cookerly, that I was looking for was that
you were gonna reject all the proposals. And that is in the best
interest of the city and then authorize staff to work with SAFEbuilt
for up to a six-month extension of the existing agreement and to
bring that back to the first regular meeting in December.
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Mayor Lockwood: Talk that through if you want.
CM Cookerly: All right. Mayor, I make a motion that we reject all the proposals,
professional services agreement, because it’s in the best interest of
the city near term. Direct staff for a six-month engagement with
SAFEbuilt to bring this back before this council in –
Attorney Ken: December.
CM Cookerly: – December. August – sorry, that was weird. That’s No. 20-320.
CM Moore: Second.
Mayor Lockwood: All right. I have a motion as read by Councilmember Cookerly
with a second by Councilmember Moore. Are there any
discussions? Rick, are you there?
CM Mohrig: I am here.
Mayor Lockwood: All in favor please say “aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Cookerly: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: Any opposed? That passes unanimously then. All right. I will open
up to reports. Is there anything that council wants to report on? If
not, I’ll open up to staff reports starting with our police.
Motion and Vote: Councilmember Cookerly moved to reject Agenda Item
No. 20-320. Councilmember Moore seconded the
motion. The motion passed (7-0).
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STAFF REPORTS
Department Updates
1. Police
Chief Austin: Greetings, Mayor and members of council. I’m happy to report, as
we head towards the end of the year, we’re showing significant
reductions in crashes. A lot of that is a bit artificial due to COVID
and the lower volume of traffic around our city. But we’re down
36% overall. And that includes 37% down in personal injury
crashes. So, good news there. We’re 14% down in overall reported
crime, including 16% down in persons’ crimes and then 13% down
in crimes against property crimes. And then crimes against society
were now 22%.
We’re pretty active out in the community and trying to be
innovative to try to find some things that we can do to remain
engaged with the community. One thing that we did that was very
well received was a drive through trunk-or-treat. We did that the
week before Halloween, and we had cars lined up all the way up
School Drive out to Highway 9. We had to get some traffic
direction, and we had to make another candy run in the middle.
So, it was very well received. So, we appreciate everyone coming
out for that. We gave away a lot of safety bags. We gave away
junior polices badges and stickers and just really had a good time
doing that.
Also, we had another successful DEA drug take back. This
initiative gets prescription drugs out of circulation. So, we took
back quite a bit there and turned those over to the GBI to be
destroyed.
Lastly, last week we had a Facebook Live presentation. We’ve had
over a thousand views of that. So, we covered a lot of material
there and have had some very good feedback from the community
on that. And that’s all I have this evening.
Mayor Lockwood: All right. I’ll [inaudible] [01:54:36] forwarded to the chief and the
city manager a compliment from a local resident and business
owner that had an issue with a truck and a trailer and all that. And
he was just complimenting our officers on not only helping them
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through the situation but blocking traffic and keeping everybody
safe. So, pass on the good things.
Chief Austin: Great. Thank you for passing that along. We’ll ensure that officer
gets recognized for that good work.
Mayor Lockwood: He wasn’t sure of his name, but he said he had gray hair. So, I
knew it cut a few officers out of [inaudible – crosstalk].
Chief Austin: It’s not me. We’ll track him down. Thank you.
STAFF REPORTS
Department Updates
1. Community Development
Mayor Lockwood: Next, Bob?
Robert Buscemiuscemi: Mayor, Council, following the chief is not easy after
working every day with him for the last year out there. So, what
we’re gonna do a little tonight is – thanks. I wanted to just give
you on each one of these maybe a little brief visual overview of
things that are going on, projects that you’ve approved in the past
and how they’re developing, where they are in the process, and
what they look like. I think it’s important to see sort of what things
are looking like and how they’re developing so that it kind of helps
when you make future decisions to say, “Okay, how does this
look?”
So, this one here is at Birmingham Corners. There were a lot of
conditions of approvals, several pages even of architectural
conditions that went on there. So, if you look at the diagram on the
upper left, it kind of shows the first grouping of houses that are
going in. And this is the grouping in the order that it’s gonna see.
And we’re working with the applicant and his architect to come up
with the designs that would be in character of the corners and meet
all those conditions. So, I kind of wanted to show the council what
this is sort of looking like before we give it a final blessing and
approval.
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CM Moore: Bob, is that the orientation to Birmingham Highway that we’re
looking at on the bottom?
Robert Buscemi: It is. So, the front would be facing the Birmingham Highway.
Actually, I got a lot of interest on the commercial. There’s two
commercial parcel offers in retail, and we’re meeting with the
applicant tomorrow to start to develop the architectural character
of that commercial building. So, that will be in front of this,
actually. And the applicant is also – we’re pushing him to finish up
the pond and that whole amenity area. So, first, he did the village
green, and now he’s doing the back part. So, we’re working on
that.
CM Moore: Bob, the pond will be a wet pond when it’s finished?
Robert Buscemi: So, are you ready? I designed this so that you’d have a smaller
pond and a bigger pond, and all the rainwater that Ken was talking
about would all go into the smaller pond. And there’s no drain to
the small pond. So, what happens is the smaller pond fills up and
then cascades over a bed of rocks underneath a boardwalk so it
kinda runs down into the larger pond, which will have a permanent
water pool.
CM Bentley: Bob, I just wanna comment that the landscaping looks great. So,
thank you for shaking that loose. For a long time, it’s been kinda
stale.
Robert Buscemi: It’s been sitting there.
CM Bentley: So, thank you. It looks great.
Robert Buscemi: I’m hoping the pond will look just as good or better.
CM Moore: Bob, one more question – I’m sorry.
Robert Buscemi: Yeah, sure. No problem.
CM Moore: I had a question from a member of the community recently about
Birmingham Crossroads and the lighting plan that’s there. I know
that some of the lights were recently installed. And the challenge to
me is that the lighting that has now gone in there [audio cuts out]
[01:58:57] actually approved. The individual questioning me was
actually recalling it being shepherd hook lighting there, not the
pendant lighting or whatever you call the kind that is actually in
there. Do you know whether shepherd hooks was ever in a
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discussion? I don’t remember.
Robert Buscemi: I haven’t seen that. Let me look into that and get out there and take
a look at what they’ve installed.
CM Moore: Great. Thank you.
Robert Buscemi: I’ll go check that tomorrow. And if it’s not correct, we’ll have
them fix it. So, this one is the Park at Bethany. Again, this was
another one that came in front of the council, and there were some
conditions back in ‘14. So, I wanted to show you the rendering. It’s
the conceptual rendering that we had developed with the applicant.
And now you can see some of the completed buildings on the right
side. And they’re right in line with exactly what the rendering
looks like.
So, I just wanted to show you how that’s looking. I think that
development is coming along quite nice. And I wanted you to see
the comparison between a rendering and the physical structures as
they get built. And you can see these renderings are getting so well
done that it really does give you a good reflection of what’s gonna
be there.
This one here is downtown, right here in our Crabapple Market
area. And the center picture is a rendering of how that was gonna
look. And now you can start to see some of the development
occurring. And, again, all the buildings are pretty much mirroring
exactly what the renderings were.
So, we spent quite a bit of time looking at these renderings, going
through the DRB process, really working with the applicant to get
everything down, the style of brick, windows. We really got into
this – plazas, how things are gonna really look and feel after this is
all built. And you can see it’s all getting built at once. And it’s
really getting refined and looking almost identical to what that
rendering is gonna be. I really think it’s gonna make quite a nice
downtown. So, I just wanted to show you that too.
There’s some more pictures of that. So, there’s the rendering up on
the upper right corner, and then the actual construction on the
lower left. Of course, it’s still in construction. It’s not done yet, but
you can see that it’s starting to take the look and feel and shape of
exactly what it looks like. So, I think that’s pretty good.
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And here’s another one. There’s the rendering on the left. The
actual building that’s getting done on the right. They’re just
different views looking one way and looking the other, but we’re
gonna end up with a really nice street while on Crabapple Road.
Yes?
CM Bentley: I have a question. That slide prior and that cool sign right there –
Robert Buscemi: Yes.
CM Bentley: – is that allowed in our sign ordinance?
Robert Buscemi: It’s not.
CM Bentley: That looks great, but we can’t do it.
Robert Buscemi: Right. When we developed this, I really sat down with the
applicant. And I said, “Wouldn’t it be really neat to put some
signage up? But it’s not a tenant-oriented sign. It’s not the name of
the project sign. It just says Crabapple or Downtown Historic
Crabapple, something generic that we would see.” And we came
up with a whole bunch of options, that being one of them, which is
a roof-mounted sign.
And it’s sort of something, I think, we’d like to encourage the
applicant maybe to pursue some sort of variance process on as long
as they maintain it and keep it that way, generic – that it would
only indicate that you’re in Crabapple.
CM Bentley: Great idea.
Robert Buscemi: But it’s nice to get some feedback if the council likes that.
Mayor Lockwood: What a great government process. Please do this. But we don’t
allow it. We’ll make you go through a whole process.
Robert Buscemi: We’ll make you go through a variance to get it. Well, at least they
have to work hard to get it.
CM Bentley: But having a destination, Crabapple, I hope that we can find a way
to do that. It’s a great idea.
Mayor Lockwood: Well, it may be something that we talk about. And I’m being
facetious on that, a little ironic. But, yeah, maybe in the future so
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that things can be incorporated on that.
Robert Buscemi: Yeah. I think it encompasses all of the idea of branding and how
we’re gonna brand our downtown, how we’re gonna identify it,
how do we really draw people to it? There is quite a bit of thought
process that goes into that whole thing. These plazas – how we
develop the plazas, how the people are going to interact with them.
We’re gonna have little fire pits and overhead lights and things that
people can really feel like they wanna come downtown and gather.
And in future staff updates, I’d like to show you some other items,
other areas. We’re doing a lot more in the Deerfield Corridor that’s
coming in now too and things like that. So, I just thought it would
be nice to grab one or two or three and just show them at each one
so you can kinda get a feel for how things are really truly
developing and what they’re looking like.
Mayor Lockwood: And, again, a lot of that goes to the comments too about the
renderings versus what’s there and all that we briefly discussed.
But you guys said you were trying to promote that and if our codes
allows, and maybe we need to change it. But in some of these,
what looks terrible is when trees are cut down and barren dirt. But
just like Birmingham Crossroads, for example, if people had seen a
mural in advance of what it’s gonna like, that certainly would be a
lot more palatable than just seeing a bunch of trees go down.
Robert Buscemi: I did look at that because I know that you mentioned it the last
time. And the code does allow us to do that – to eliminate the
[inaudible] [02:05:05] and dictates the maximum size and all. But
it does allow that. The visuals on the fencing would be considered
banners.
So, I just have to really work with the applicants to encourage
them to get something nice and actually put it up there. And this
way, the public can kinda see it. But they’re so close the way they
look. I really think that the renderings are gonna really truly depict
what it is we’re gonna get at the end of the day in the [audio cuts
out] – did I lose this already?
CM Moore: I gotta tell you, Bob. I really applaud your efforts. I think back to
what we have seen in the past where it was almost like doing a
stick drawing thing. This is conceptually what it’s gonna be –
where these renderings are so close. It’s a great way to actually
promote or come to us with concerns because it’s so close to the
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finished product. I just think that’s [audio cuts out].
Robert Buscemi: And I’ll get yelled at tomorrow if I don’t tell you – I almost forgot.
So, in the Birmingham Crossroads, no two houses will be the
same. That’ll be good, right?
Unknown Female: Thank you, Bob.
Robert Buscemi: Thank you.
Robert Buscemi: No, no. That was my group. So, we sat with the applicant. And I’m
sitting there. And I’m like – look, these all look great. But it’s such
a unique corner. I just don’t wanna see these things get duplicated.
I want every house to be special and unique. And it is a special
unique corner. And we got them to agree to that, which was really
good.
CM Moore: I also applaud your effort at Birmingham Crossroads. It appears in
the interest of public safety, you may have weighed in also where
the sidewalks, as they were originally installed, had some of the
posts right smack in the middle of the concrete. That concrete was
then broken up and removed, and the sidewalk was re-poured
where you actually walked around the pole rather than into the
pole. Nice work.
Robert Buscemi: All right. I’ll just give you some other fun facts here quick. We did
a Rivers Alive. Volunteers went out on Saturday, November 7th.
Teresa said that she totally complied with COVID. They had a
much smaller group than they normally do. So, they didn’t get
quite as much done as they normally do. But she said it was very
good.
They went to the city’s Cooper Sandy greenspace, which she wrote
is not open to the general public as of yet, just so people know that.
But the event went very well. So, I thought that was good. We’re
trying to keep those events going. I think they have a good impact
on our environment.
Comprehensive plan, CPAC – we had a November 10th meeting.
We have two members of the council who sit on that committee. I
thought the meeting went well, and we’re really trying to progress
and get some good feedback.
We’re having the public kickoff meeting on December 10th at 6
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p.m. via Zoom. So, we’d like to encourage all Milton residents to
attend. They sent out a community survey. She wrote – we’ll also
be launched in advance of the public meeting, and it will remain
open at least through the end of the year. So, they’re doing a
survey. We’re trying to get more public participation.
So, CPAC is really moving along. And the last meeting I attended,
and I think the committee is really focusing and in tune. We’ve got
a lot of talent in this city, and it’s really nice to see. So, a little kick
for the committee – they’re a very talented people there.
Mayor Lockwood: Can I make a comment too on that with the plan.
Robert Buscemi: Sure. Sorry.
Mayor Lockwood: Thank you to the two council members that are on the CPAC
committee and all that. I know it’s a lot of time and hard work and
of real importance. So, thank you, Paul and Laura –
CM Moore: You’re welcome.
Mayor Lockwood: – for sitting on there along with, obviously, Bob and staff and
Steve and everybody else and all of our other members on there.
CM Moore: And if I could make a comment on that, Joe – Bob, we’re
welcoming you to the team in your new role, and we look forward
to the contribution that you’re going to make to CPAC. It’s gonna
be spectacular, and you’ve demonstrated your prowess on that time
and time again.
But I would also like to personally thank Steve Krokoff for the role
that you’ve played, Steve. When we think back to where we are in
this process, we did put a pause on it at one point because we felt
like our initial launch wasn’t at the standard that we had set from
CPACs in the past. And he was not only a willing participant, but
he decided to play a leadership role in helping us to get here. And
it’s through his leadership that we’ve been able to position
ourselves for the success that I know we have in front of us. So,
thanks, Steve.
Mayor Lockwood: All right, Bob, go ahead, but thanks for the comments.
Robert Buscemi: Other things would be upcoming developments. I just wanted the
council to be aware that Trophy Club came in. It’s a golf course.
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And we’re working with those applicants. We’ll see where it goes.
But right now, we’re pushing towards large lot subdivisions for a
minimum of 4 to 5 acres. I’m hoping to get the 5-acre lot sizes in
there. And it’s 180 acres. So, we’re probably looking at maybe 32
lots. So, I think that will come out quite nice.
CM Moore: Is the club closed at this point? Or is it still acting as a golf course?
Robert Buscemi: That I don’t know. I think it’s closed at this point, isn’t it? It’s still
operating?
CM Moore: I heard conflicting reports about it this weekend, and that’s why I
was asking – for clarification. I heard both that it was open and that
it was closed.
Robyn: They informed us that the plan is, I think, to close by 1st September
of 2021 and to move the members over to Crooked Creek. So, they
would allow the current members time to transition over. So, it’s
not that it’s closed right now or anytime in the near, near future.
CM Moore: Great.
Robyn: But there is a plan for transitioning.
CM Moore: Great. Thank you.
Mayor Lockwood: And I don’t know when the right time is but [audio cuts out]
[02:11:55]. The city did purchase Milton Country Club with
greenspace funds. But, obviously, those are limited, and I’m just
talking out loud. I don’t know if we’d need to do a [audio cuts
out] or whatever but with what [audio cuts out]. I know some
people might say, “Well, we don’t want this or blah, blah, blah,
right.” Well, the country club has the right to sell the property and
develop under the existing zoning rules.
Robert Buscemi: That’s right.
Mayor Lockwood: It’s not something we as council or staff stop them from selling
their property and development. We might just have to clarify that
a little bit.
Robert Buscemi: Robyn, you wanna stay up here because I’ve got some – while
Robyn’s here, she does all my text amendments. So, she can take
credit for these.
Regular Meeting of the Milton City Council
Monday, November 16, 2020 at 6:00 pm
Page 62 of 63
62
So, with the large lot subdivisions, right now we limit them to a
maximum of five lots. And, honestly, when I looked at it initially
back then when it was developed, I think everybody was saying,
“Well, let’s see how it works and plays out and whatnot.” But,
realistically, when these kind of developments come in – and I’ve
had others – I don’t wanna be limited to just the five lots. I think
we can get many more lots. If there are large lots, why limit them?
So, we’re gonna be putting in a text amendment to just make that
an unlimited amount because if somebody comes in and says, “I
have 100 acres, and I want all five-acre lots,” I’d hate to not offer
him the incentive. So, that’s a text amendment that we’ll be
presenting to you.
And then the last text amendment will just be the verbiage for the
pools in the front yards on the flag lots. So, that will be Robyn’s
thing. All right. That’s it. Thank you.
Mayor Lockwood: All right. Thank you, guys. Thanks, everybody. If there’s nothing
else, I’ll make a motion to adjourn.
CM Moore: So moved.
CM Bentley: Second.
Mayor Lockwood: I have a motion and a second to adjourn. All in favor please say
“aye.”
CM Jamison: Aye.
CM Bentley: Aye.
CM Moore: Aye.
CM Longoria: Aye.
CM Mohrig: Aye.
Mayor Lockwood: That’s unanimous with the exception of Councilmember Cookerly
with a no vote.
Regular Meeting of the Milton City Council
Monday, November 16, 2020 at 6:00 pm
Page 63 of 63
63
Motion and Vote: Councilmember Longoria moved to adjourn the
city council meeting at 8:14 pm. Councilmember Moore
seconded the motion. The motion passed (6-0). Councilmember
Cookerly was absent for the vote.
Date Approved: December 7, 2020
__________________________________ _____________________________
Sudie AM Gordon, City Clerk Joe Lockwood, Mayor
Duration: 134 minutes