HomeMy WebLinkAboutMinutes - CC - 03/01/2021Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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CALL TO ORDER
Mayor Lockwood: I'd like to call the regular meeting of the Milton City Council for
Monday, March 1 st, 2021 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
card to the City Clerk as soon as possible. While the Milton rules
allow the speaker to turn in their comment card up until the Clerk
calls that agenda item, once the agenda item is called, then no more
comment cards will be accepted. So, will our City Clerk please call
roll and make general announcements?
City Clerk: Good evening, Mayor and Council. I'll be happy to call roll for the
March 1st, 2021 regular meeting. I would like to remind those in
attendance to please silence all cell phones at this time. Those
attending the meeting who would like to make a public comment,
you are required to complete a public comment card prior to
speaking on the item. Your comment card must be presented to the
city clerk prior to the agenda item being called. All speakers,
please identify yourself by name, address, and 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 dialogue
with any person speaking. Anyone in violation will be asked to
leave. As I call roll this evening, please confirm your attendance.
Mayor Joe Lockwood.
Mayor Lockwood: Here.
City Clerk: Councilmember Carol Cookerly.
Ms. Cookerly: Here.
City Clerk: Councilmember Paul Moore.
Mr. Moore: Here.
City Clerk: Councilmember Laura Bentley.
Regular Meeting of the Milton City Council
Monday, March 1, 2021
at 6:00 pra
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Ms. Bentley:
Here.
City Clerk:
Councilmember Peyton Jamison.
Mr. Jamison:
Here.
City Clerk:
Councilmember Rick Mohrig.
Mr. Mohrig:
Here.
City Clerk:
Councilmember Joe Longoria.
Mr. Longoria:
Here.
Councilmembers Present: Mayor Lockwood, Councilmember Cookerly,
Councilmember Moore, Councilmember Bentley, Councilmember Jamison,
Councilmember Mohrig, and Councilmember Longoria.
PLEDGE OF ALLEGIANCE
City Clerk: Will everyone please rise for the Pledge of Allegiance.
[Pledge of Allegiance] [00:02:40 — 00:02:511
APPROVAL OF MEETING AGENDA
Mayor Lockwood: Again, I want to welcome everybody here tonight. We appreciate
you being here, and Tammy, if you will please sound the next item
on the agenda.
City Clerk: Thank you. The next item is approval of the meeting agenda,
Agenda Item No. 21-053.
Mayor Lockwood: Okay. I'd like to add an Executive Session to discuss land
acquisition, potential litigation, and personnel, and I'd also like to
move the New Business Agenda Item No. 21-062 after reading of
the Consent Agenda. Are there any other agenda changes? Not
hearing none, I'll open up for a motion.
Mr. Longoria: Mayor, I move that we approve the meeting agenda as just
modified by you.
Mr. Moore: Second.
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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Mayor Lockwood: Okay. I have a motion from Councilmember Longoria, I believe a
second from Councilmember Moore. A third from Councilmember
Mohrig. All in favor, please say, "Aye."
All: Aye.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item
21-053 as amended. Councilmember Moore seconded the
motion. The motion passed (7-0).
PUBLIC COMMENT
Mayor Lockwood: That's unanimous. Okay. Next item is Public Comment. Do we
have any Public Comment tonight?
City Clerk: I don't have any general public comments.
CONSENT AGENDA
Mayor Lockwood: Okay. All right. So, then we'll move on to the Consent Agenda, if
Tammy, you would please read those items.
City Clerk: That first item is Approval of an Agreement between the City of
Milton and American Alarm Corporation, Inc. for Alarm
Monitoring Services at the Milton Public Safety Complex, Police
Station & Municipal Court, and Fire Station #44 — Building A,
Agenda Item No 21-054.
Our next item is Approval of a Task Order with Pond & Company
to Provide Engineering Design Services and Construction
Administration for Morris Road Widening, Agenda Item No. 21-
055.
Our third item is Approval of a Professional Services Agreement
between the City of Milton and JQ AV Techs for the Configuration
and Operation of the City's AV Equipment during City Meetings,
Agenda Item No. 21-056.
Our fourth item, Approval of a Professional Services Agreement
between the City of Milton and CHA Consulting, Inc. for Cogburn
Road Sidewalk Design Modifications, Agenda Item No. 21-057.
Our fifth item, Approval of a Parks and Recreation Department
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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Athletic Association Facility Use Agreement between The City of
Milton and Eagle Stix Rec Inc. to Provide Youth Girls Lacrosse
Programming, Agenda Item No. 21-058.
Our sixth and final Consent Item is Approval of an Outside
Providers & Facility Use Agreement between the City of Milton
and Wellesong, LLC to Provide Adult Tai Chi Classes, Agenda
Item No. 21-059.
Mayor Lockwood: Okay. Do I have a motion on the Consent Agenda?
Ms. Bentley: Mayor, I'd like to make a motion to approve the Consent Agenda
as read.
Mr. Moore: Second.
Mayor Lockwood: I have a motion from Councilmember Bentley with a second from
Councilmember Moore for approval of the Consent Agenda. All in
favor, please say, "Aye."
All: Aye.
Motion and Vote: Councilmember Bentley moved to approve the Consent
Agenda as read. Councilmember Moore seconded the
motion. The motion passed (7-0).
NEW BUSINESS
hla\ or Lockwood: That's unanimous. Okay. If our City Clerk could please sound the
New Business item that we moved to right after the Consent
Agenda.
City Clerk: That New Business item is Consideration of a Resolution
Reappointing Members to the City of Milton Greenspace Advisory
Committee, Agenda Item No. 21-062.
Mayor Lockwood: Okay. The ordinance that created the Milton Greenspace Advisory
Committee specified that unlike our other committees, the
members would be approved as a slate but serve staggering terms
and could be reappointed for an unlimited number of terms. The
three members being considered for reappointment tonight have
terms which have expired. So, I'm going to ask if we have a motion
and a second for the Approval of a Resolution Reappointing
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Monday, March 1, 2021 at 6:00 pm
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Members to the City of Milton Greenspace Advisory Committee,
and that would be Mr. Robin Friction here, Colt Whittall, and
Steve Wheeler. So, do I have a motion?
Mr. Mohrig: Mr. Mayor, I make a motion that we approve the Resolution
reappointing members of the City of Milton Greenspace Advisory
Committee.
Mr. Jamison: Second.
Mayor Lockwood: Okay. I have a motion for approval from Councilmember Mohrig,
a second from Councilmember Jamison. I believe are we going to
swear them in now or do we need to do that —
City Clerk: Yeah, we are going to swear. There are going to be two here and
then one on Zoom.
Mayor Lockwood: And then Steve is on Zoom, correct?
City Clerk: Yes.
Mayor Lockwood: Okay. So, I will, if Robin and Colt will step forward and then
Stacey, you're working with — did we not vote on it?
Mr. Jamison: Yeah, you did a motion and a second but no vote.
Mayor Lockwood: Oh, my bad. So, before we do it, guys, hold on one second. So, I
had a motion and a second. All in favor, please say, "Aye."
SII: Aye.
Motion and Vote: Councilmember Mohrig moved to approve Agenda Item
21-062. Councilmember Jamison seconded the motion. The
motion passed (7-0).
Mayor Lockwood: That's unanimous. Okay, sorry. Stacey, you're checking with
Steve?
Ms. Inglis: Yeah. Steve is online right now.
Joe Lockwood: I don't know that I've ever done a Zoom swearing in.
Ms. Inglis: If you'll make sure you speak into the microphone so he can hear
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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you and repeat what you say.
Mayor Lockwood: Okay.
Ms. Inglis: Great.
Mayor Lockwood: Come on up, 6' apart. Thank you, Robin. Thank you, Colt. Thank
you guys for all the hard work you've done. I want to say this for
the entire committee, but these three members that are getting
sworn in tonight, this is obviously a very important thing and our
citizens are very, very appreciative of the results of what you guys
have been instrumental in helping us do. So, if you guys could
raise your right hand and repeat after me.
[Swearing in of Robin Friction, Colt Whittall, and Steve Wheeler]
Mayor Lockwood: I do solemnly swear and affirm that I will faithfully perform the
duties of the Milton Greenspace Advisory Committee of the City
and that I will support and defend the charter thereof, as well as the
Constitution and laws of the state of Georgia and of the United
States of America.
All right. Again, I do thank you guys. And then, Tammy, we will
sign this two, and have Robin and Colt — and we'll hand those two
[Inaudible] [00:10:04]
City Clerk: Get the flower. You can go. Robin, go ahead.
Mayor Lockwood: All right. The Council wants to, we'll get around up here and then
we'll get Robin and Colt to stand up here if you can direct them.
City Clerk: Thank you.
[Photos]
REPORTS AND PRESENTATIONS
Mayor Lockwood: You know, one thing I do want to add, I'm talking about the job
and the efforts and volunteerism you guys have done, on the
subject is the neat thing about this. This is something that people
are excited about now, supportive and enjoying. But 20, 30, 40
years, 50 years from now, when we're not here, people are going to
go, "Wow. Really, this is awesome that they did that." So, all right.
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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Thanks. Okay. Tammy, if we'll move on to Reports and
Presentations. If you'll please read the next item.
City Clerk: That first item is Proclamation Recognizing the American Red
Cross of Georgia, Agenda Item No. 21-060, Mayor Joe Lockwood.
Mayor Lockwood: Okay. I am proud to present this proclamation for the American
Red Cross March 2021. Whereas March is American Red Cross
month, a special time to honor the kindness of our neighbors who
aid families in need every day in Fulton County, across the United
States, and around the world. Their dedication touches millions of
lives each year as they carry out the organization's 140 -year
mission of preventing and alleviating suffering.
And whereas during the trying times of the Coronavirus pandemic,
people have stepped up to help others in need, whether it's in
responding to this year's record-breaking disasters across the
country or rolling up their sleeves to give blood when our country
faced a severe blood shortage. And whereas in Fulton County,
local families have relied on Greater Atlanta Red Cross volunteers
for comfort and hope while coping with home fires, the critical
need for blood donations, and other emergency needs.
And whereas last year, Greater Atlanta volunteers in Fulton
County alone assisted 1,294 residents after home fires with urgent
needs like food, lodging, and recovery support, more than any
other county in Georgia. They also deployed to disasters such as
tornadoes in Georgia in the spring of 2021 and other disasters
across our nation. And whereas the American Red Cross with 676
volunteers in Fulton County has supported local families in other
ways, too. Last year in Fulton County, the Red Cross performed
1,740 acts of assistance to our members of the military and their
families and conducted 6,260 training sessions in first aid, CPR,
and other life-giving skills.
Most hospitals in Fulton County administer blood collected by the
Red Cross, and Fulton County residents made 52,938 blood
donations to the Red Cross. And whereas this lifesaving work is
vital to strengthening our community's resilience, nearly 200 years
since the birth of the American Red Cross founder Clara Barton,
we dedicate this month of March to all those who continue to
advance her noble legacy. We ask others to join in their
commitment to care for people in need.
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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Now therefore, we, the Mayor and City Council of the City of
Milton, hereby recognize and proclaim March 2021 as Red Cross
month. Further, we encourage all Americans to reach out and
support its humanitarian mission, and this is given under my hand
and the seal of the City of Milton, Georgia on the first day of
March, 2021.
City Clerk: And Mayor, we have Ms. Jessica Gebhardt here.
Mayor Lockwood: I think Jessica's here, right? If you would please come forward. We
appreciate you being here.
Ms. Gebhardt: Okay. Thank you, Mayor and City Council Members. My name is
Jessica Gebhardt, and I'm a Red Cross community volunteer leader
for North Fulton County. On behalf of the tens of thousands of
Georgians who benefit from Red Cross services each year, thank
you for recognizing March as Red Cross month in the city of
Milton. In fact, last year in Fulton County and across Georgia,
more than 14,000 people turned to the Red Cross for help with
emergency food, clothing, temporary shelter, health services, and
emotional support following local disasters, most of which were
home fires.
It has been a tough year for everyone, but despite the pandemic,
more than 70,000 people became new Red Cross volunteers in
2020, including myself and many Milton residents. This is the
humanitarian spirit we honor during Red Cross month. Thank you
for helping us recognize all those who make our lifesaving mission
possible as volunteers, blood donors, financial supporters, and
community partners. We invite everyone to join us for Red Cross
giving day on March 24th and unite with thousands of people to
help families in need. You can donate, volunteer, or give blood to
help. You can also learn life-saving skills like first aid and CPR to
make your community safer.
Visit RedCross.org today to learn more or join us for a virtual
volunteer open house on March 3rd. Happy Red Cross month and
thank you for your time.
City Clerk: Thank you, Jessica.
Mayor Lockwood: Okay. If our City Clerk will please sound the final report and
presentation item tonight.
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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City Clerk: That final item is Presentation for Pet Waste Stations in The
Deerfield Parkway Corridor, Agenda Item No. 21-061, Mr. Robert
Drewry.
Mr. Drewry: Good evening, Mr. Mayor, Council Members. I've got a brief
presentation, it's not real long, but I'm going to introduce to you a
plan to put in some dog waste stations, or also known as pet waste
stations in the Deerfield Corridor. The objective of this PowerPoint
presentation is obviously introducing the need for these pet waste
stations, show you a little bit about what they look like. We've got
a location plan and a service plan, and I'm going to outline the cost.
And when I'm done, we can discuss, and I'll be looking for some
guidance from City Council.
Full disclosure, I am not a dog owner, so I wanna make sure
everybody understood that. No other objective here. We've
identified an area we call the Deerfield Corridor. You're familiar
with it. You drive it probably quite often. You also know that area
is heavily used by pedestrians and a lot of those pedestrians in any
given day you'll see walking their dogs. The location is bisected by
Deerfield Parkway — and I don't know if my cursor shows up yet —
and along the east is Moms Road, and on the west is Highway 9,
and Webb Road goes right through the middle of it. It's a very
heavily populated area, and as I mentioned, very heavily used by
pedestrians throughout those neighborhoods.
The area in yellow I've identified is simply Morris Road, and I put
that in yellow because it is supposed to be widened, but we did
include it in this plan. We had a request from a frequent user out
there to suggest putting in these pet waste stations. So, we looked
at locations, looked at how we can best do this. But I don't think
there's any doubt there is a need out there for these pet waste
stations.
Mayor Lockwood: I guess we don't need to get into specifics, but I guess it's pretty
easy to go around and identify if there's a need in there.
Mr. Drewry: It's not hard. Yeah, it's not hard. That's a typical pet waste station.
It looks like the ones we've got out in Freedom Park in
Birmingham, and probably, I didn't actually go look at Bell's Park,
but that's what they look like. They're post mounted. They're not in
concrete, so they can be moved around. The bags are locked in so
people just can't necessarily steal them. But you've seen these bags,
you know what they are. You've seen these stations. So, this is a
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Monday, March 1, 2021 at 6:00 pm
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location plan that we've outlined. I consulted with two landscape
architects and a city planner, and there's really no hard and fast rule
on where to locate pet waste station, so I kind of threw them out
there. That's what is identified with the blue X's, the locations.
I've got them at intersections, and I've tried to identify midpoints
throughout most of these areas where the best location would be
around the subdivision entrances. But I came up with 13 stations,
as they're shown. Now, it's flexible. They can be moved around.
But the plan is that these stations will be serviced by Tri Scapes,
who is our current contractor for our parks and our roadsides. And
twice weekly they'll be serviced. So, there will be no opportunity
for them to run out or full.
And the cost in this table, the first column, I should say row, is a
one-time cost to purchase and install thirteen pet waste stations at
$6,500.00, and then the servicing plan. Again, with Tri Scapes, it'll
be a change order for the 13 stations, about $9,400.00 a year. We
can fund this this year to get it started, but I just want to remind
you all that every year there will be a reoccurring fee to service
these at about $9,400.00. So, that's the presentation, that's the
location, and I'm open to any discussions or any questions you may
have. And like I said, I'll be looking for some guidance.
Mayor Lockwood: Any questions or comments? Joe and then Rick.
Mr. Longoria: Make sure I understood that cost part because my back of the
napkin math seemed to point to the fact that each station was going
to cost us about $100.00 a month?
Mr. Drewry: I don't think I calculated per — yeah. $780.00 per month for 13
stations, so less than $100.00 per month, and that's servicing twice
weekly, which is what they do at Freedom Park as well.
Mr. Longoria: Okay.
Mayor Lockwood: Rick?
Mr. Mohrig: I'm good with in our parks having this type of amenity. I guess the
question is why are we doing it along public roadways and why
just here? Because if we do it here, then does this mean we should
start doing this everywhere where people walk dogs?
Mr. Drewry: The best way I can respond to that is this has been identified area
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Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
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where it's heavily used by pedestrians with their dogs. I can't say
that they'll be put anywhere else at this point, but you do open that
door up for other areas maybe requesting.
Mr. Mohrig: I guess, because we have a lot of people that walk dogs in our area
and along Bethany Bend, and I guess what I see it as, if it's in a
park or trail area that the city owns, it makes sense to include them.
But along public areas, most people bring a bag along and they
pick up the refuse. I know some people don't, but I'm just
questioning, I guess, why are we going to spend taxpayer dollars to
do this in public areas when people in fact could easily just bring
their own bag and carry it back and take care of their dog versus
the City having to pay for that in this area?
Mr. Drewry: I will say you do find these along the Big Creek Greenway and
some of the trails that are around the communities. They do have
these located along these trails. They're not residential
communities, so they have a point to their walk. But you do find
them typically along trails.
Mr. Mohrig: Right. And that's why I say I have no issue with that. To me, that
makes sense. That will be our City -owned trails in different places
and that could be an amenity. I just question, do we want to spend
taxpayer dollars, even though it may not seem like much? Do we
want to spend dollars on something like this, when to me, it's the
responsibility of the pet owner to actually bring a bag and then
bring it back and dispose of it yourself versus us having to service
areas?
Mr. Krokoff. So, this came in as a community request from over there. We
obviously weren't clear from a staff perspective whether or not the
Council would be supportive of this, which is why it's before you
today. The complaint they were having was in addition to "gifts"
being left behind, were people, they went on long walks with their
dogs, and they had to walk around carrying the weighted down bag
at that point. It could be a potential amenity for our community
down there. It's just a possibility. When I asked Robert to look into
it, it came back a little more expensive than I was expecting to
keep those maintained. But as Robert stated, we already have them
in some areas, including Freedom Park down there. It may make
sense. It may not.
Mayor Lockwood: Anybody else? Laura?
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Monday, March 1, 2021 at 6:00 pm
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Ms. Bentley: Would there be flexibility? I mean, once we signed the contract,
say, for those numbers, what if we saw that they were not being
utilized or we needed to spread them out? Or can we size that
down and just trial it just to see how this might be used? One thing
that I'm worried about is the portability of them. I mean, it's a great
feature. But I mean, after the investment, it doesn't seem like — are
they secured in some form or fashion? Bolted down?
Mr. Drewry: First question was, yes, there is some flexibility. We don't have to
do it with 13. If you want to go with something less, that easily
could be done. If we go with the full 13 and they're not utilized,
they can be pulled up. We could store them for potential uses in
other parks. They're not concreted down. They have some
flexibility. But I'm not aware of them ever getting stolen. But they
do have some portability to it.
Mayor Lockwood: Peyton?
Mr. Jamison: Yeah, I'll actually kind of say what Rick said. I guess my one
concern is if we do it for them, why shouldn't we do it here in
Crabapple, or why shouldn't we do it in other places? Maybe it is
something the City wants all over. But just to point out one area, I
think it's gonna snowball into probably more, is just my guess.
Mr. Krokoff: It's also the highest concentrated, populated area of the city, which
would be one reason why you could potentially start with it over
there to see what kind of use you could get out of it. It would be a
test to see whether or not we get real use, whether or not it's a true
amenity.
Mr. Jamison: Whether or not it's a true amenity, I guess is one of those things
where maybe I'm asking the Council, or maybe this is for the
future. If this is a necessity that the City should be providing, then
that's one thing. So, I don't even know if that's something that — is
this typical in most other cities? Do they have this in public right-
of-ways and stuff.
Mr. Drewry: They have them if they're identified as a trail or a trailway, a
trailhead.
Peyton Jamison: Okay.
Mayor Lockwood: Joe?
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Mr. Longoria: Yeah. So, to follow up with what Peyton was just saying, I can see
— and it's not funny that we're talking about this for so long, but it
is for some reason. It's okay to think about this when you think
about the use of our trail system. So, the City of Milton has a
defined trail plan. For those roads in those areas that are certainly
on the plan, it makes a lot of sense because this just goes to us
investing it and keeping the trails that we want to have in good
condition. So, it makes some sense there. The question I really
have is, do we have any evidence, or can we demonstrate the fact
that the availability of these stations props up conformity?
In other words, people that don't carry bags today, are they going
to be compelled to carry bags tomorrow? Are they going to be
compelled to do the cleanup work that needs to be done in order to
use these stations? I would argue that they may not. So, we're
going to be spending money for a problem that still is going to be a
problem.
Mayor Lockwood: Paul?
Mr. Moore: Yeah, Joe, you took some of my thoughts as well. I think that we're
talking about a behavior change where somebody has already
consciously chosen not to carry a bag with them, probably. Does
the introduction of those solutions, the stations, then change that
behavior? I'd love to know if there's any evidence of that being the
case, but I also support I think it was Councilman Jamison who
said maybe we start on a smaller scale, that if we don't have to
invest, if there's no economy of scale in buying six versus 13 or
seven versus 13, maybe you start with half as many and see if that
does change the behavior.
Use your strategic plan like you've already identified, maybe just
with half as many. And if we can demonstrate that it's an
improvement, then by all means we take the next step rather than
going full bore out of the box and then not experiencing a behavior
change and recognizing that we've overspent.
Mayor Lockwood: Go ahead, Laura.
Ms. Cookerly: Oh, go ahead. No problem.
Ms. Bentley: Carol. I've already spoke.
Mayor Lockwood: I'm sorry.
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Monday, March 1, 2021 at 6:00 pm
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Ms. Bentley: Go ahead.
Ms. Cookerly: First of all, thank you. In many areas, it's a needed amenity. I don't
live in that area, but since our region and our City, not all areas are
created equally in terms of sidewalks and places where dogs can
go, and people can walk their dogs. I mean, I think there are places
that need additional help because you can't just let your dog off
leash, or you can't wander 15 feet off the sidewalk to allow your
dog to go to the bathroom. So, I'm in favor in some sort of a trial. It
really doesn't give me heartburn to do the full thing if, in fact, you
think based on experience that that's what's needed. Because
candidly, our region is not created equally. So, if we have to say no
in future times, we have to say no.
But I don't think that we should say no now to people who have
identified this as a need just because of come what may, because
other areas may not need it. So, at least a trial, if not a full blown
yes, from me.
Mayor Lockwood: Okay. Laura?
Ms. Bentley: So, one possibility is that I really like the idea of the trail. We have
that greenspace over on Webb Road. If we were to try to section
out some reasonability to implementing it, which is the trail that
winds around maybe a loop or something. I don't know. The cost
does concern me as well with something that we're not sure exactly
what we're trying to accomplish or if it will be effective. It is a
very dense area and I see a lot of people walking their dogs, so I'm
stuck in the middle on this and would like to dip my toe into it and
see how it's working. And if we could identify if other cities are
doing this on their trail system, let's see if we have a trail in that
area and then we could. That's where I'm comfortable.
Mayor Lockwood: I was going to say just a couple observations, and one I know
Councilmember Moore said, but people learn behavior. I'll say
this. I have a big dog and we live on a farm, and my wife and I
always talk about we can never move somewhere where we can't
just Iet our dog out, we have to pick up his poop in a bag. But I
will say this. If we're walking and we happen to be somewhere and
you see the bags in the facility, all of a sudden you're like, "Oh
yeah, I need to grab a bag and do it." So, I think it actually would
help people. To Carol's point, areas are different in our city,
different needs. To Steve's point, that is the highest population
density there.
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To Rick's point, I totally understand, and some of the others, the
heartburn of are we doing this for a select number of citizens or
whatever. I almost look at it we're not doing it for the pet owners,
we're doing it for the other people that are walking so they don't
have pet owners' waste laying around there. So, that being said,
well again, I hate to spend any money, but I would be in favor of
doing it, I guess we'd call it a trial area, just because this would be
our first one. But also maybe we can all think about and research,
this may be a thing of the future. Maybe one day Milton's going to
need it, Crabapple, and Deerfield, and our trails and whatnot.
And that may be the trend, as it seems to be we're seeing more and
all that. So, if that's the case and we feel like it's eventually going
to come, it may be worth doing this as a trial area.
Mr. Jamison: Quick question. Hey, Robert, can you pull up the map again, of
where they're going to be?
Mr. Drewry: It's on my screen.
Mr. Jamison: I was just curious because I was kind of going back on this trial
thing. Maybe we don't do the full 13, maybe we do seven or
something and find the best locations that are close to the trails and
then we can see if they're being used. How long is the contract for?
Mr. Drewry: I beg your pardon?
Mr. Jamison: How long is the contract for, for Tri Scapes?
Mr. Drewry: How long is the contract?
Mr. Jamison: Yeah. Is it like a year long, or can we get —
Mr. Drewry: We have a multi-year contract with Tri Scapes.
Mr. Jamison: So, it's just part of the contract?
Mr. Drewry: Just part of the contract. We add on this change order.
Mr. Krokoff: But we could change the change order if we decide we don't want
to go forward with it, and just kill it.
Mr. Jamison: Okay.
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Mr. Drewry: Oh, yes. Absolutely. Oh, yeah.
Mr. Jamison: And to that point I would probably say, and you probably don't
know this answer, but if we wanted to use less, if the number
would come down substantially if it's half price for half the
stations, we might want to try that. But it may not. It may be three
quarters of the price for half the stations because they just have to
do more work, there'll be a bigger mess with each one.
Mr. Moore: My thought was the one-time purchases really aren't a huge deal
because we can use those, like you said, in other —
Mr. Drewry: Other places.
Mr. Moore: Other places. It's that recurring thing that 1 think could become a
big ticket item as it expands.
Mr. Drewry: If I might add, just again, there's no hard, fast rule on where to put
these things, I mean, certainly we can scale this down however you
see fit and whether we want to just do one loop or just scatter them
throughout, I'll leave that obviously up to the Council's discretion.
Mayor Lockwood: Let me ask a question. Since it's Tri Scapes, and we have a contract
with them and they work with us, would this be a compromise?
Maybe do half the loop? So, check with them, see what the price
might be, possibly consider doing maybe half, and then reassessing
it after 90 days or 120 days and see if there's a big difference
between one half or the other? I don't know if the Council would
be interested in that, if it saves some money?
Mr. Jamison: I would be curious to see how much they're actually being used,
too, really.
Mayor Lockwood: So, is there any direction? What's.
Mr. Moore: I think you've captured it, Joe, I think a suggestion maybe with a
half start with identified control area versus an uncontrolled area,
so you can see if there's a difference. I think that's a great way to
start with the idea that if it's successful, we'll be happy to take the
next step.
Mayor Lockwood: And I would caveat to first make sure, though, with the vendor that
that makes financial sense. If they're going to charge 80 percent to
do half, no. But if they'll charge half to do half, certainly would be
a good consideration.
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Mr. Drewry:
Mayor Lockwood:
Mr. Drewry:
Mayor Lockwood:
Mr. Drewry:
Mayor Lockwood:
Mr. Drewry:
Ms. Cookerly:
ZONING AGENDA
Obviously, I didn't ask the vendor how much less, but my guess is
it's a fixed price, regardless if we do 13 or five, because they're
gonna to be out there anyway.
Well, I wonder if it's a, "but it's only half the trail," you know.
Right.
We're talking about if it's only half. If you could just check on that,
because that would, you know.
Yeah. We'll check that, absolutely.
And you guys can get back with us on that. Okay, thank you.
Okay. Thank you very much.
Thank you, Robert.
Mayor Lockwood: Okay. Tonight, we don't have any items under First Presentation or
Public Hearing, so if our Clerk will please read the Zoning Rules
and sound on the first Zoning Agenda Item.
City Clerk: Attention Council, consider a Zoning Agenda. These items include
rezones, modifications of zonings, use permits, and associated
concurrent variances in addition to ordinances, resolutions, and tax
amendments. I would like to acquaint you with some of the rules
and procedures for this meeting. The applicant and all of 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 rebut. 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 and the applicant
will be allowed to make closing remarks, provided time remains
with 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
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
Page 18 of 42
the Rezoning Agenda Items; recommendations have been
forwarded to the Mayor and 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 already 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 contributions aggregating $250.00 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 relevant state statute constitutes a
misdemeanor.
Therefore, if you have contributed $250.00 or more to a Council
Member 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 you for your point of view.
Our first Zoning Agenda Item this evening is Consideration of
RZ21-O 1 NC21-01 — 13085 Morris Road to rezone from T5
Limited (Deerfield Form Based Code) to AL (Apartments Limited)
by WRPV XIV Deerfield Village Milton, LLC to correct a legal
nonconformity with regard to density of a multi -family project that
was built in 2001. No changes to the existing development are
proposed. Total of 554 units at a density of 18.43 units per acre on
30.05 acres and a two-part concurrent variance to allow existing
tennis courts, fencing, and existing swimming pool and fencing as
shown on site plan. (Sec. 64-1602(v)(2) and Sec. 64-1609(b)(3),
Agenda Item No. 21-047, Zoning Manager is Robyn MacDonald.
Ms. MacDonald: Good evening, Mayor and City Council. Thank you for letting us
have this opportunity to explain this request. So, this is a rezoning
of an existing multifamily development off of Morris Road, and
here is Webb Road here and there's a little bit of an extension here
for a second entrance, but that's the location of the existing
development. And as the City Clerk called out, this is a rezoning
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from T5 Limited to AL Apartment Limited. And it's existing 554
units on 30.45 acres at a density of 18.43, and the two-part
concurrent variance that she called out for the tennis courts and
existing pools.
Again, the applicant is represented tonight by their legal counsel,
Carl Westmoreland. Again, this was originally zoned A, medium
density apartments in 1997 under Fulton County, and this was part
of a larger overall zoning of A apartment of 108 acres. The
property was subdivided to be purchased and developed by
different developers. Just as a side note, there was a private
agreement to split the property between these two owners. But
even though that was a density agreement, that wasn't going to be
sufficient for what was needed to be able to recognize this new
density.
The complex, again, was constructed in 2001 on the 30 plus or
minus acres, which was part of the above mentioned zoning, and
the purpose of this rezoning is to correct a legal nonconformity for
density. And so, this is just a slide that will show you the red is the
parcel, the 30 -acre parcel. The original zoning encompassed this
whole area here, as well as a lot of this floodplain here. This green
is floodplain. So, that was the 100 plus acres that was part of the
original zoning.
So, in our form based code, this is a map depicting the future land
use. The future land use is T5 Limited. We don't have a different
designation. It's just form based code areas, it's whatever the
zoning district is, is the future land use. Just a little explanation.
We did something similar about five years ago. Mr. Westmoreland
also represented a different property owner off of Deerfield
Parkway. And the reasoning why it's going not back to A, medium -
density apartments is that that A apartment district only allows up
to 12 units per acre, and once this was split off of the 100 acres and
if you do the math, it comes out to be the higher 18 units per acre.
And therefore, the rezoning to be legal, to make it requesting AL
Apartment Limited, which allows for unlimited density per se. So,
above 12 units is what would be appropriate under AL, which is
what the applicant is requesting to fix the nonconformity of
density. So, based on the current zoning of T5, it was determined
by the City Attorney that if more than 60 percent of each structure
is destroyed, it could not be rebuilt to the current configuration. So,
that's another reason for this rezoning and thus the applicant's
u
F',
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request of AL, to meet the lender's requirement to service the loan.
Also, the applicant has agreed that if the complex would be
redeveloped in the future, it will be required to be developed under
the T5 Limited development standards. So, what that means is not
just if one building is destroyed by a tornado or a tree hitting it. It's
like if they take the whole 30 plus acres and want to totally
demolish it and redevelop it, they would be required to conform to
our form base code standards of T5 Limited. Again, this is the
existing conditions of the property where it has entrance off of
Morris as well as the Webb Road extension, and it actually goes
out a little bit further into 400 right there.
So, just to review quickly, CZIM, nobody came, whether in person
or via Zoom. The Design Review Board, technically this item does
not have — the DRB does not have jurisdiction over zonings review
for the form based code area, so therefore it was not presented to
them. The public participation, the applicant did hold their required
meeting on January 7th. Again, nobody came to the meeting
location or via Zoom. And lastly, the Planning Commission was
held on January 27th of this year and was approved. They
recommended approval, both the rezoning and the two-part
concurrent variants unanimously.
The site plan for the apartment meets the development standards
required by the zoning district of AL. There is a need for a two-
part concurrent variance that will be discussed for other
development standards, and that is we have requirements for pools
and tennis courts to be a certain distance from different property
lines and et cetera. So, staff is recommending approval for both of
those items to allow the existing tennis courts and fencing to be
shown on the site plan, as well as existing swimming pools and
fencing to remain.
And if approved with the recommended conditions and based on
the fact that the multifamily development currently exists, staff
recommends approval conditional of RZ21-01 and the two-part
concurrent variance, VC21-01, and these are the recommended
conditions which basically calls out in IA the existing 554 units at
18.43 units per acre based on the site plan received on November
25th, 2020. And then lastly, if the subject site is redeveloped in the
future, it shall be developed with the T5 zoning standards.
And in regards to the concurrent variance, these are the conditions
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that would be approved with it to allow the existing tennis courts
and fencing, as well as the swimming pools and fencing related to
that, to remain as they are on the property. So, with that, I'll be
happy to answer any questions y'all might have.
Mayor Lockwood: Do we have any questions for Robyn? Go ahead, Paul.
Mr. Moore: Robyn, just to confirm what I heard you say — and correct me if I'm
wrong, please — if there were a loss of any kind, whether it's fire or
storm or something of pretty catastrophic event where there was
going to need to be a redevelopment of a significant portion of this,
the T5 gives them the right to go back to but not to exceed what
they're currently at today for redevelopment. Is that a correct
statement?
Ms. MacDonald: Well, what they would do is so if it was only a building or two that
was destroyed, it would remain AL. But they they would be able
under that zoning designation just to rebuild those few buildings.
Mr. Moore: As what they have today?
Ms. MacDonald: As they are today. And the proposed condition states that let's say
if some other entity buys the property, just bulldozes everything,
then yes, correct. It would have to come under the T5 density that
is allowed for that district, I guess.
Ms. Bentley: And is that density 18.34 units?
Ms. MacDonald: No. Well, no, it's not. I need to go look to see. With the T5
Limited, I believe it would be nine units per acre without TDRs.
Ms. Bentley: Okay.
Mayor Lockwood: Okay. Do we have any public comment?
Ms. Lowit: We do. We have one in support of.
Mayor Lockwood: Okay. I'll go ahead and allow the public comment and then we'll
get back to any questions.
Mr. Westmoreland: Thank you, Mr. Mayor. My name is Carl Westmoreland. My
address is 3343 Peachtree Road. Ms. MacDonald did her usual,
very thorough explanation of the case and I don't want to waste
any more of your time except to emphasize that she said nothing
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else can be built there. This is simply to allow the existing
improvements that have been there for 20 years to stay in place. If
it's redeveloped, they've got to play by your new rules. This is the
same situation we went through on another one on Deerfield
Parkway five years ago, and as she said, the conditions make all of
that clear. And so, anybody that buys it knows what they're dealing
with.
I'll be happy to discuss it further or answer questions, but I think
this is fairly straightforward.
Mayor Lockwood: Okay. So, is that our only? Thank you, Mr. Westmoreland. And if
there are some questions, I may ask you to come back.
Mr. Westmoreland: And I think we have a client representative virtually as well, if you
have questions for them.
Mayor Lockwood: Okay. All right. So, is there any more public comment that we
know of virtual or —?
City Clerk: I don't have any here. I don't think there's any online.
Mayor Lockwood: All right. I'm gonna close the public hearing. I'm still open to if
there's any questions for staff or the applicant. Is there any more
questions or comments? Joe?
Mr. Longoria: So, all we're doing is we're taking a piece of property that is legal
nonconforming, we're creating a legal and conforming state for the
property, and we're overlaying or making sure that we've got rules
in place that if they were to redevelop the property, they've gotta
adhere by the new rules that govern T5.
Ms. MacDonald: Right. Very good.
Mr. Longoria: All right. Yeah.
Ms. Cookerly: Make a motion? You ready?
Mayor Lockwood: Yeah, absolutely. Is there any more questions or comments? If not,
I'll open up for motion.
Ms. Cookerly: Mr. Mayor, I'll make a motion that we approve the request to
conformity to AL, Agenda Item No. 21-047.
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Mr. Mohrig: Second.
Mayor Lockwood: Okay. I have a motion for approval from Councilmember Cookerly
with a second from Councilmember Mohrig. Do you have
discussion?
Ms. Bentley: I'd like to add all the conditions.
Mr. Longoria: Yeah, thank you.
Ms. Bentley: I'm sorry, I didn't want to interrupt.
Ms. Cookerly: Isn't that a given, though?
Mayor Lockwood: They were, but if you wanna just —
Ms. Cookerly: It's a given. Okay.
Mayor Lockwood: Well, let me just say this. And believe me, the assumption, I think,
from Councilmember Cookerly is her approval, her motion was
based on the listed recommendations by staff. So, I think Council
wants to make sure that that's —
Mr. Mohrig: That's the way I understood it as well.
Mr. Longoria: Okay.
Mayor Lockwood: So, for the record, that's the intention there.
Ms. Cookerly: Right. Do you want me to sorta —?
Mr. Lockwood: I think we're good. So, I have a motion from Councilmember
Cookerly and was it — who did I have a second from?
Ms. Cookerly: Councilmember Mohrig.
Joe Lockwood: Council Member Mohrig for approval of this item, just to be clear
that it includes all the recommendations by staff in this
presentation. So, any other comments? Hearing none, all in favor
please say, "aye."
All: Aye.
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Motion and Vote: Councilmember Cookerly moved to approve Agenda Item
No. 21-047 as presented. Councilmember Mohrig seconded
the motion. The motion passed (7-0).
Mayor Lockwood: Any opposed? It's unanimous. Thank you.
City Clerk: The next item here under this Zoning Agenda is Consideration of
RZ21-02 — Text Amendment to Sec. 64-1 Definitions (As it relates
to modified driveways and large lot incentives.) It's Agenda Item
No. 21-048. Ms. Robyn MacDonald.
Ms. MacDonald: Okay. We have before you tonight a text amendment that
disappeared. There it is again. So, we're bringing this definition
[audio cuts out] [00:53:26] text amendment that involves, first of
all, the Zoning Ordinance 64-1 Definitions. And this is a key
component for our large lot incentives. So, I know there's a lot of
discussions about in CPAC, and it's near and dear to everybody's
heart. So, just for a little history, on June 18, 2018, you all, Mayor
and City Council, approved some text amendments to both the
zoning and the subdivision ordinances to allow incentives for the
development of large lots, i.e. three acres or more.
When applying for a large lot subdivision, it is defined as a minor
plat and therefore not required to go through a preliminary plat
process. And back in 2018 we made or you all approved our
suggestion of the number of lots should not exceed five lots to be
able to use this large lot incentive. And part of that was that it
could access a street via what we called a modified single family
residential driveway to five lots. So, basically a cross easement to
be able to be used to access up to five lots.
So, tonight, staff proposes that we change that to an unlimited
number of large lots would be considered a minor plat. So, since
we've had a couple of years, three years or so to live with it, with
the five lots, we want to be able to expand that because I think
we've had two subdivisions. Here's one that's been done, a four -lot
subdivision off of Sweetapple near Ebenezer Road. Ebenezer
comes down here and this is Sweetapple here, which is a gravel
road. And you can see there's four lots. One, two, three, four. And
here is the shared modified residential driveway. Okay.
So, this allowed there to be less infrastructure. Each lot provides its
own stormwater in meeting the regulations that the state mandates
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as well as not a need to do a full-blown street with curb and gutter,
lights, et cetera. So, that's one example that has been approved and
that's under construction. This is a second one. It is off of Hickory
Flat near the county border. And here we have four lots. Of these,
all of them are minimum three acre, and these three lots are
accessed through a shared modified driveway.
This fourth parcel comes off of the adjacent Hickory. I can't
remember the subdivision, but it's off of Hickory Flat. But it's
another phase that will be developed in normal lots. But this
allowed these three beautiful pieces of property to be developed in
large lots with the modified driveway.
So, specifically in the definitions, this is what we're asking you all
to modify in red. So, right now it states this private drive means "a
paved or unpaved area used for ingress or egress of vehicles, which
allows access from a street to a building, other structure, or facility
and may provide access to any number of single family residential
lots, provided that the access lots are each a minimum of three
acres in size."
So, with this modification or change, we go from a maximum of
five lots to unlimited lots to give more flexibility for larger
landowners who want to do more lots that are minimum three
acres. And with that said, this is part of the next item is a text
amendment to the subdivision regulations and I'll talk about it, but
they work integral. It's integral with one another. They're pieces of
a puzzle that need to come together for this large lot incentive to
work. So, with that, I'd be happy to answer any questions you
might have.
Mayor Lockwood: Okay. Laura?
Ms. Bentley: So, I had a question from a citizen, and I think the missing piece
for people that haven't been following this and our discussions on
it for a couple of years now, if it's not going to be a large lot
subdivision, which is what we're working so hard when developers
do come in and they want to develop a parcel, what are we seeing
that it is? It's the smaller acreage, one per acre?
Ms. MacDonald: I mean, I think this allows for more creativity for the even larger
lots. So, if you have 20 acres or 30 acres, you could do 10 three -
acre lots instead of being — it just gives you more flexibility. But
the alternative would be true. It would be one -acre lots. But also,
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Page 26 of 42
the benefit of expanding the number of lots is that it still would be
considered a minor plat, which a minor plat does not require it to
go to a Planning Commission for review and it's an administrative
process amongst staff, and then ultimately it goes before you all as
an item on the Consent Agenda.
So, again, it's just a way to incentivize developers to see less time,
less money, but at the same time ensuring that we are applying the
applicable life safety issues. The Fire Marshal has reviewed this.
He's comfortable with it. We've worked in tandem with him as
well.
Mayor Lockwood: Paul?
Mr. Moore: Robyn, if I heard you correctly, this can be either gravel road or
hard surface.
Ms. MacDonald: Correct. It's a driveway.
Mr. Moore: And in doing so, some of the infrastructure requirements that
would be required on a traditional subdivision hard surface like
curb and gutter can potentially be removed as one of the incentives
for development like this, correct?
Ms. MacDonald: Correct.
Mr. Moore: Did I also hear you say or was it implied that some of the things
that also would be required in this subdivision development like a
dedicated group, water retention for like a retention line —
Ms. MacDonald: Stormwater, right.
Mr. Moore: Goes away, because that's all mitigated on a per -lot basis because
they're all three acres or more, convect?
Robyn MacDonald: Correct.
Mr. Moore: So, these are all consistent with the things that we've been talking
about it for a long time in terms of encouraging that rural look and
feel to give the developers some true incentives to do large lot
development.
Ms. MacDonald: Right. Yeah.
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Mr. Moore: Thank you for the confirmation.
Mayor Lockwood: Yeah, I just want to make a comment. I think this has been my
opinion, this is something we've all been working towards. And
obviously, the benefit, the larger we allow this to happen as far as
number of homes and acreage benefits even more. When we had it
down to a small amount of acreage, just five lots, it benefited 15
acres or so from the citizen side. But, gosh, now someone wants to
do 100 homes and it's on over 300 acres, that certainly just helps
keep the density down of what could happen if it was a standard
one -acre subdivision. So, I certainly think it's in the right direction.
But anybody else?
Mr. Longoria: Oh, and to your point, Joe, anything we can do — should I move the
mic closer?
Ms. Cookerly: Please.
Mr. Longoria: Okay, I'm gonna do that. Anything we can do to increase the
average amount of acreage per lot is going to be a good thing for
us in the long run. So, to your point, Joe, any incentives we can
provide, and this is certainly one of them, we should.
Mayor Lockwood: Rick?
Mr. Mohrig; And Robyn, you had said that taken into this is the Fire
Department and Public Safety would still be looking to make sure
that they have access and be able to take care, because I know that
was part of the discussion when we started down this road is how
are they going to be able to get in there in the case of a fire. But
that would be included in the way this is designed.
Ms. MacDonald: And the Fire Marshal reviews all of our plats to make sure
everything is consistent with what the needs of the Fire
Department is for access, as well as many times they'll have to put
an additional fire hydrant within the development, just like a
normal subdivision. It's not like they don't have to put fire hydrants
anymore because our hose length is only a certain amount. So,
obviously, it's going to meet the life and safety requirements.
Mayor Lockwood: Okay. Anybody else? Okay. So, clarify for me, Robyn. So, we
need to vote on this?
Ms. MacDonald: Right. So, this is in the zoning, yeah.
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Mayor Lockwood: All right. And then we'll go into the next one, even though they're
tied.
Ms. MacDonald: Yeah. And then the next one is — so, if you can make a vote on this
section RZ21-02 text amendment, and then we'll go on to the next
one after that.
Mayor Lockwood: Okay. If there's no more questions, I'll open up for a motion.
Mr. Mohrig: Mr. Mayor? Oh, Go ahead.
Ms. Bentley: No, go ahead.
Mr. Mohrig: Mayor, I make a motion that we approve Agenda Item No. 21-047.
Mayor Lockwood: Okay. I have a motion from Council Member Mohrig.
Mr. Jamison: I think that that's actually 048.
Mayor Lockwood: It's 048.
Mr. Mohrig: Oh, okay. So, I'm sorry. Yep, we already did that. I'm sorry. Let
me rephrase that. I make a motion that we approve —
Mayor Lockwood: Hold on one second, Rick, if you don't mind. Ken, do you have a —
Mr. Jarrard: Well, I just —
Mayor Lockwood: There's a question maybe we should inquire.
Mr. Jarrard: The only question I'm having is whether you all are anticipated on
your agenda of voting on this under unfinished business, but it
looks like it's a separate —
Ms. MacDonald: It's zoning, for the zoning text amendment.
Mr. Jarrard: What's that now?
Ms. MacDonald: It's zoning, under the zoning procedures rules, because it's under —
Mayor Lockwood: Okay. Let me jump in, too. Let me ask. I assume, I think I already
asked, but do we have any public comment?
City Clerk: We do not.
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Mayor Lockwood: Okay. I'll close the hearing and now I'll open up for the motion.
Mr. Mohrig: Yeah, I'll rephrase that. Mr. Mayor, I make a motion that we
approve Agenda Item No. 21-048.
Mr. Moore: Second.
Mayor Lockwood: Okay. I have a motion for approval from Councilmember Mohrig
with a second from Councilmember Moore. All in favor, please
say, "Aye."
All:
Aye.
Motion and Vote: Councilmember Mohrig moved to approve Agenda Item
No. 21-048. Councilmember Moore seconded the motion.
The motion passed (7-0).
UNFINISHED BUSINESS
Mayor Lockwood: That's unanimous. Okay. Let's make sure I've got —All right. So,
we'll move on to Unfinished Business, and if the City Clerk will
please read that out.
City Clerk: That item is Consideration of Text Amendment to Chapter 50 of
the City Code — Subdivisions as it Relates to Modified Driveways
and Large Lot Incentives, Agenda Item No. 21-049. Ms. Robyn
MacDonald.
Ms. MacDonald: Good evening again. So, this is the second part. Again, as stated,
this is in the subdivision regulations outside of the ordinance and
these series of changes are in tandem with the previous text
amendment to incentivize a large lot development. So, I'm just
going to step through the various ones and explain it. You all have
the full packet with the entire Chapter 50, but it just makes it easier
just to call out each item that we're recommending for a change.
So, this is very similar, or is almost the same as the previous text
amendment and the zoning ordinance. We're asking to amend the
definition of "driveway modified single family residential access"
or "shared private drive." And so, it calls out in the red, "It may
provide access to any number of single family residential lots,
provided that the accessed lots are each a minimum of three acres
Ll -
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Page 30 of 42
in size." So, this is a duplication of what's within the zoning
definitions. So, that's the first item on Page 2 of the entire packet.
Again, on Page 2 is a definition of a "minor plat." It means "a
finished drawing of a subdivision of no more than three lots, or if
any number of single family residential lots are each a minimum of
three acres or more in size that at the time of subdivision does not
necessarily, but may involve, a land disturbance permit, new
streets, extension of a utility or municipal facility, and depicts all
legal and engineering information required by this chapter." So,
this is the definition of what a minor plat is. And so, we're just
changing it from being five lots to unlimited so long as they're a
minimum of three acres in size.
So, the next change is a definition of "subdivision minor," which I
think let me just say that, well, this is just the definition of a
subdivision minor, not a plat. It means "a subdivision of no more
than three lots, or if any number of single family residential lots
provided and the lots provided are each a minimum of three acres
or more in size that may at the time of subdivision does not
necessarily, but may involve, et cetera, et cetera."
On Page 15, this is just a change. It's not a definition anymore.
We're getting into the guts of what a subdivision, how it's laid out,
and this was actually just a catch from the previous version. And if
you just look down, it's calling out, "When such access is provided,
the minor plat shall clearly indicate the necessary access
easements. The access easements shall be privately maintained."
So, it just speaks about minor plats. So, we just wanted to make
that change or that clarification.
The next item is on Page 28. So, this speaks to the detention
retention design saying, "When serving more than three lots,
except when all the single family residential lots are each a
minimum of three acres in size," and it just continues on to
describe what the detention ponds are required to do. So, I won't
bore you with reading it out loud. And with that, those are all the
different changes within Chapter 50, the subdivision regulations
that are required to begin to implement this unlimited number of
three acre lot subdivisions. So, with that, I'm open to any questions
you might have.
Mayor Lockwood: Okay. Questions or comments for Robyn?
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Page 31 of 42
Mr. Moore: Robyn, can you just go back one click in the slide? I just want to
read that one more time. I thought I understood it. Where it's
saying that "Except when they're all three acres in size."
Ms. MacDonald: Correct.
Mr. Moore: "The detention ponds, retention ponds, and water facilities."
Ms. MacDonald: So, it's an exception to the rule.
Mr. Moore: "Shall be located on a separate parcel." So, that implies that it's not
necessarily on the individual parcels. It still would be a separate?
The water retention would be on a separate parcel?
Ms. MacDonald: No, we're trying to say is — and I believe we were saying it — is it's
speaks to when serving more than three lots, except when all the
single family residential lots are each a minimum of three acres in
size. So, that's the exception. So, then you don't have to read the
rest of it.
Mr. Moore: Okay. All right. I got it. That's what I had hoped it would read, but
I wasn't sure I read it that way. Thank you.
Mayor Lockwood: Anybody else? Do we have any public comment?
City Clerk: We do not.
Mayor Lockwood: Okay. I'll close the hearing on that. I'm not sure I have to do that,
but I'll open up on a motion on that.
Mr. Jamison: Mayor, I'd like to make a motion to approve Agenda Item No. 21-
049.
Mr. Moore: Second.
Mayor Lockwood: I have a motion for approval from Councilmember Jamison with a
second from Councilmember Moore. All in favor, please say,
"Aye."
All: Aye.
Motion and Vote: Councilmember Jamison moved to approve Agenda Item
No. 21-049. Councilmember Moore seconded the motion.
The motion passed (7-0).
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NEW BUSINESS
Mayor Lockwood: Any opposed? That's unanimous. Thank you. So, we'll move on to
New Business. Our first item we've moved prior, so we'll move on
to our second item of New Business. City Clerk, please call it out.
City Clerk: It's the Consideration of An Amended Emergency Ordinance of the
Mayor and Council of the City of Milton, Georgia under Section
3.18 of the Charter of the City of Milton, Georgia to Provide for
the Operation of the City of Milton, Georgia During the Public
Emergency known as the Novel Coronavirus Disease 2019 Global
Pandemic; to Become Effective Upon Adoption by the Council; to
Supersede the Existing Emergency Ordinance; and for Other
Purposes. City Attorney, Ken Jarrard.
Mr. Jarrard: Members of the Council, you don't need me to really go over this
at this stage [inaudible] [01:11:40] the ordinance and we have
been habitually reenacting it, which we think is appropriate, and
we think that is what a responsible government should do. But I
think you know the terms. The terms have not changed since last
time. The only thing that is changing is, in fact, the duration. This
one would take effect on March 9th of 2021, expire at midnight on
April 8th of 2021. We're trying our best to just anticipate what the
governor is going to continue to do, and we'll try to act
accordingly.
The only thing this one does add that we actually saw on our last
emergency ordinance as well is this talks about when we have
subsidiary entities that may have some difficulty assembling a
quorum about how we're going to resolve, whether those are going
to be live or in-person meetings. But again, you've already seen
that language. I'm not even sure we've had to use it in the last 30
days, but at least it's there. Mr. Mayor, there's no more presentation
on this one.
Mayor Lockwood: Okay. Do we have any questions on this? I'll open up for a motion.
Ms. Bentley: Mayor, I'd like to make a motion to approve Agenda Item No.
21-063.
Mr. Mohrig: Second.
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Page 33 of 42
Mayor Lockwood: Okay. I have a motion from Council Member Bentley with a
second from Council Member Mohrig. All in favor, please say,
"Aye."
All: Aye.
Motion and Vote: Councilmember Bentley moved to approve Agenda Item
No. 21-063. Councilmember Mohrig seconded the motion.
The motion passed (7-0).
STAFF REPORTS
Department Updates
Public Works
Mayor Lockwood: That's unanimous. Okay, we'll move on to reports. Does anyone on
the Council have anything they want to report on? Okay, we'll
move to staff. Let's start with Robert.
Mr. Drewry: Good evening again. I've got a lot to report on, and I'll try to move
as quickly as I can. As you know, we continue to have construction
going on, on the Hopewell -Hamby and the Hopewell -Thompson
roundabouts. As a matter of fact, Communications put a post out
today, I understand, on some wonderful aerial photographs for the
Hopewell -Thompson roundabout. So, you'll be seeing more of
those. The Cogburn Road sidewalks, as I've indicated before,
we've had some problems with conflict with underground utilities.
So, we have been doing a little redesign, modified the design
somewhat, modified the stormwater so that we can accommodate
the utilities. The alternative is to relocate the utilities.
Of course, that will take a huge delay and cost the City some
money so we're gonna try to redesign around them. The bridge
over at Saddle Springs is moving along quite well. They should be
through by mid-March, so we can move on from that project. I
want to report to you that we have submitted our annual
stormwater report to the state. Our City Engineer, Ken Kagy, did a
fantastic job putting one together with a lot of help from a lot of
different staff in Comm Dev, Communications, and other
departments. The report itself was 63 pages long and we had, if I
counted correctly, it had 278 attachments. And that's just the
annual report. So, we did our commitment to the state, and I'll
leave it at that.
Regular Meeting of the Milton City Council
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Page 34 of 42
The emergency flashing beacon is under construction right there at
Highway 9 in front of the new public safety complex. You've
probably seen some construction going on out there. They've
poured the foundations. We should see those mast arms come in
maybe as early as this week.
And we continue to do public input survey for the Big Creek
Greenway Connector project. That survey will continue through
March 5th. We're getting a lot of favorable responses. Because it's
federal money involved in this, one of the requirements is to get
public input on the support of the project. So, we're doing that. We
have received bids for the next road resurfacing project, hopefully
it will be on the Council's agenda in the next meeting. We've also
received proposals for the Country Club Hydrology Study. We're
evaluating those proposals and we'll score those accordingly.
We are also seeking bids for electrical work here at City Hall so
we can hook up a portable generator. Should we lose power at City
Hall, we'll be able to hook up the portable generator. We're
receiving bids on those electrical work now. We also received bids
for the demolition of Station 42. We've kind of taken the lead on
the demolition of that station. We've got bids in, that should be at
the next Council meeting as well. For the month of March, we will
have bids out for the Country Club Trail Project. We'll be out on
the streets. We'll have bids out for the construction of the
Hopewell -Bethany roundabout, and we hope to have bids out as
well for the Providence Park Trail. So, very active month of
March. Any questions?
Mayor Lockwood: Any questions for Robert? Okay.
Mr. Drewry: Thank you very much.
Mayor Lockwood: Thank you.
Ms. Cookerly: Thank you.
STAFF REPORTS
Department Updates
2. Fire
Mayor Lockwood: All right. Fire. Our new chiefs first report here.
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Page 35 of 42
Chief Benmoussa: That's right.
Mayor Lockwood: Some slack on the first one.
Chief Benmoussa: Thank you. Good evening, Mayor and Council Members. Gabriel
Benmoussa, Fire Chief. I have just a quick presentation for you.
Just a quick update, one of things I'll touch on is the call volume
from last year and then the trends for this year. The COVID-19
Vaccine Community Support Program success, and then Station 42
construction progress report, which Bob has already touched on.
So, for 2020, we ran short of 3,000 calls. That pie chart shows the
breakdown for some of the calls. Obviously, EMS continues to be
the majority of our calls, and good intent calls, which is sort of like
a bucket that includes hazardous material spills, canceled in -route
fire alarms, and all of those. For 2021, we're seeing year to date an
increase of 7 percent in the call volume compared to 2020.
The COVID Vaccine Community Support Program is a huge
success. We've had about 81 emails and 25 calls. We've responded
to every single email. We've provided guidance to our community.
25 calls, and we added some resources, and we continue to serve
the community in that capacity, trying to find multiple facilities
and ways we can help schedule our community for vaccines and
find availability. We added a new resource. The CDC just
introduced the vaccinefinder.org, which you can enter your
information, the zip code, and you're able to see vaccine
availability actually shows you real time where those locations are.
And we've actually helped citizens from other cities that called us.
They saw the article and they were calling from Alpharetta, from
Roswell, as far as Sandy Springs. And we provided information.
Fire Station 42 update, it's progressing as scheduled. I'd like to
thank Bob for his leadership. He kind of filled me in and helped
me, kind of guided me through this process. So, thank you, Bob.
This is a rendition of what the sign will look like outside the
station. Once we complete the demolition, we'll erect the signs. So,
it shows what the rendition of Station 42 will be.
We currently have signs in place that says that the station is closed
and that we've relocated the firefighters. And that completes my
report, if you have any questions. Yes, sir.
Regular Meeting of the Milton City Council
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Page 36 of 42
Mr. Mohrig: A question. Has there been a change in the state on the order of
COVID vaccines? Did they open it up now to —
Chief Benmoussa: I think they are getting ready to move to Phase 2.
Mr. Mohrig: Okay. Pardon me?
Mr. Longoria: It's IA -plus now.
Chief Benmoussa: Yeah, it's IA -plus. Yes.
Mr. Mohrig: Okay, thank you.
Mayor Lockwood: Gabe, I hope everything's going well for you so far.
Chief Benmoussa: It's going well. I feel fortunate to serve this community. It's a great
community. I love it. It was a good decision, and I'm glad I made
that decision to come here. So, thank you very much. I appreciate
it.
Mayor Lockwood: Good. We're glad you're here.
Chief Benmoussa: Yes. Thank you.
STAFF REPORTS
Department Updates
3. Economic Development
Mayor Lockwood: Okay, thanks. Economic development. Sarah?
Ms. LaDart: Good evening, Mayor and Council. Just a few things to update on.
First, thank you for coming to the first ribbon cutting over at
Market District this morning. That was exciting to open up the new
Starbucks, and we look forward to the Billy Allen's restaurant
opening up probably late spring, and that's the whole second floor
of the second building. We are moving forward with the breweries
and distilleries that we spoke about last month, with it going to
CZIM in March, Planning Commission in April, and hopefully the
first presentation to Council in June.
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And then lastly, if you are up at 8:15 on Friday morning, I will be
the speaker for the Council for Quality Growth's North Fulton
Advisory Council. And that's it. Thank you.
Mayor Lockwood: All right. Thanks, Sarah.
Ms. Cookerly: Will you give us a preview of what you're going to say in case we
can't be there?
Ms. LaDart: I'm not there yet.
Ms. Cookerly: Just do an Invocation. You do those very well.
Ms. LaDart: Thanks.
STAFF REPORTS
Department Updates
4. Communications
Mayor Lockwood: All right. Greg, Communications?
Mr. Botelho: Always the last one. And unfortunately, everyone who has been in
meetings with me, I always have way too much to say because
every single department kind of touches on mine somehow. So,
first, I mean, this has been a year, as we know, since the pandemic.
So, just to start with some social media stuff, our Facebook
followers have risen 30 percent since we have, what, 13,000
people who kind of get their news from us, which 30 percent is a
pretty good chunk of change. We've also had over 968,000 Twitter
impressions since that time, too, which is a good reach for sure.
Another thing we have, we once had basically a dormant YouTube
channel but now we have a pretty vibrant one thanks to our
Communications Coordinator, Jen Hartwig. We have over a dozen
videos and we're adding more and more, and there are many
purposes. And that's part of the thing, is that the way people are
getting the information videos are kind of a more dynamic, kind of
engaging way. So, we wanted to increase that in different ways,
whether it's for Comprehensive Plan, whether it's for Santa,
whatever it is. But generally, in terms of social media strategies,
we don't just post, we engage.
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
Page 38 of 42
So, you saw that if people saw our Strategic Plan and
Comprehensive Plan posts, in addition to just telling them, "Here's
a meeting," we wanted to ask them questions. We wanted people to
participate in this and share ideas. And we had dozens and dozens
of comments from there. We also had more recently a Black
History Month post and we profiled some people; we shared some
history. People love that. We're going to have Women's History
Month stuff as well this month, and even just celebrating holidays,
whether it's for Christmas, Hanukkah, Diwali, Chinese New
Year's. People really enjoy being able to see their communities
reflected on there, and I think just builds a strength of bonding
with everyone.
Another thing that Facebook does is that actually a Facebook
comment led to the COVID vaccine initiative that the Fire Chief
just talked about, and that was that someone, a 70 -year-old, there
was a vaccine post, and they said, "I can't get my vaccine." At the
direction of our City Manager, Matt Marietta and I hashed out
some ideas. And that's a good example of kind of thought of the
ideas and I've helped, certainly. But Fire has been on the front lines
and they've kind of taken that from here.
So, in addition, I don't know how many people have used our
special vaccine page. Again, just kind of going above and beyond.
Even if we're not administering vaccines, we can at least share the
information that we have and use social media for that as well. The
other thing, too, is kind of central to transparency and information.
The next few weeks you'll see hopefully like the beginning of a
project web portal, which is where we can share information on
different projects that we have going around the City. So, in terms
of timelines, details, pictures, financial information. So, for Public
Works, it might be one of our many roundabouts; for Fire, it might
be Fire Station 42; for Parks and Rec, Providence Park details. And
that's really a total team effort. That's Communications, but mostly
Finance, all the different departments.
We're also previewing all City meetings, and soon, I'm not sure if
you remember Laserfiche, which is a way for people to search
public documents. We're going to find a home for that on the
website. In addition, I won't go too deeply because you know all
about it, but the Comprehensive Plan, we're very intimately
involved in that, and also the Strategic Plan very much involved in
that as well.
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And last but not least, I just want to mention again, everything we
do is about teamwork. So, Police, we're going to preview, do
something on the chief s advisory board. Public Works, Robert
mentioned the different projects that we're doing. We're gonna be
showcasing those. Parks and Rec, it's constant, like every few
days. Finance, we're going to produce two annual reports for them
this month. So, there's a lot of different stuff involved, but the only
reason we are successful and we're able to get the word out is when
we work together with all the other departments, and it's fun to do.
So, thank you. Any questions?
Mayor Lockwood: Any questions for Greg? Laura?
Ms. Bentley: I just have a comment. So, Greg, what's today?
Mr. Botelho: Today is Horse Protection Day. We've got something on that.
Ms. Bentley: Annual National Day of the Horse.
Mr. Botelho: Yeah, and there's a lot of them, but yes.
Ms. Bentley: So, thank you for that. I appreciate that shout out. And then also,
just because you are the communicator of everything.
Mr. Botelho: Yes.
Ms. Bentley: And Community Development is in here. There's a lot of activity
in the City, some really large parcels are starting to be developed.
And some of them, most of them are by -right development. So, we
still have the notification that goes out just so the community
knows what's happening. So, I just want to really encourage us to
get ahead of those notification signs so that neighbors know about
the transition of a parcel.
Mr. Botelho: Yeah, that's a great one. We talked about having a map, like kind
of an extension of our project page. Those are private projects, but
still, we're involved in the process and we can keep people
informed as much as we can.
Ms. Bentley: Yeah, just like what we're doing to show people the picture of the
new fire station, the sign. Because there's all kinds of chatter. This
this parcel is sold to this developer or that one, and a lot of times
the sign does go up. We made that part of our just notification
process to the community. But also, you might get more interest
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now. We have a lot of new residents here that may not understand
what a by -right development is or if we have great news that
maybe it could be a large lot subdivision, something like that.
Mr. Botelho: And actually, in one of our Strategic Plan community forums,
someone had that idea and I thought it was a great idea. So, if
Bob's on board, I'm on board. So, it may not be overnight, but soon
enough.
Ms. Bentley: We're on board. Because that way, we'll say, "We're ahead of that.
Here's the information."
Mr. Botelho: Well, yeah, and just answer questions before people ask them.
That's the goal, too.
Ms. Bentley: Thank you.
Mr. Botelho: Great. Thank you.
Mayor Lockwood: Thanks, Greg. Okay, Paul?
Mr. Moore: Yeah, just a quick couple of comments, Joe. I'm glad that they
went first. If I may take a moment to go back and just provide an
update on something I was thinking about.
Mayor Lockwood: Sure.
Mr. Moore: Just to comment first on Greg's report. It's clearly working. Greg. I
can't tell you how much I appreciate that. From before being on the
Council and now being on the Council, the proactive
communication that you're putting out there is really making it
great for us or for me in particular, because the questions that I get
from the community are now in a very different place because
they're dealing with factual information rather than misinformation
in many cases.
So, 1) I applaud that. 2) The proactive communication that we're
putting out there about some of the events that are taking place,
CPAC or strategic planning, the participation levels in a virtual
environment in many cases we have to meet with CPAC. I'm
delighted to see some of the attendance that we're getting because
of the proactive communication you're putting out there. So, it's
working, and I can't thank you enough for that.
Joe Longoria: So move.
Joe Lockwood: Okay. Do I have a second?
Paul Moore: Second.
Joe Lockwood: All right. I have a motion and a second to move into executive
session as discussed. All in favor, please say, "Aye."
All: Aye.
Motion and Vote: Councilmember Mohrig moved to adjourn to Executive
Session to discuss land acquisition, potential litigation, and
personnel. Councilmember Moore seconded the motion.
The motion passed (7-0).
[Executive Session]
Regular Meeting of the Milton City Council
Monday, March 1, 2021 at 6:00 pm
Page 41 of 42
And then second, I would just applaud the efforts of Sarah and Bob
in particular. I know it's a big staff effort when you guys are doing
some of the things every day that generate a long-term approach.
We don't get a chance to celebrate you guys as often as we might. I
took great pleasure this morning in attending the grand opening of
the Starbucks. Bob, the look and feel of this environment that's
been created here is a great deal of your vision, and I just think it's
tremendous. You put that hand in glove with what Sarah is doing
with the energy that you're generating.
Sarah, the buzz this morning of the attendees. Now, I recognize it's
a controlled environment with people who have the same vision
and mission who were there, but the kinds of things that they were
talking about that are coming here to downtown Crabapple or to
Milton, we're kind of what's going on. And it's because of the hard
work that you guys are putting in. Just can't thank you guys enough
for the pride that I can take in what we're calling Milton because of
your hard work that's generating this tremendous outcome. So,
thank you. Thanks, Joe.
EXECUTIVE SESSION
Mayor Lockwood: Okay. Thanks, guys. Thanks, everybody. I will now open up for a
motion to move into executive session as added on our agenda for
land acquisition, potential litigation, and personnel.
Joe Longoria: So move.
Joe Lockwood: Okay. Do I have a second?
Paul Moore: Second.
Joe Lockwood: All right. I have a motion and a second to move into executive
session as discussed. All in favor, please say, "Aye."
All: Aye.
Motion and Vote: Councilmember Mohrig moved to adjourn to Executive
Session to discuss land acquisition, potential litigation, and
personnel. Councilmember Moore seconded the motion.
The motion passed (7-0).
[Executive Session]
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Page 42 of 42
Mayor Lockwood: — to reconvene. All in favor, please say, "Aye."
on
Aye.
Motion and Vote: Councilmember Longoria moved to reconvene the regular
City Council meeting. Councilmember Mohrig seconded
the motion. The motion passed (7-0).
ADJOURNMENT
Mayor Lockwood: That's unanimous. And do I have a motion to adjourn?
Mr. Longoria: So move.
Ms. Cookerly: So move.
Mr. Moore: Second.
Mayor Lockwood: I have a motion and a second to adjourn. All in favor, please say,
"Aye."
All: Aye.
Motion and Vote: Councilmember Longoria and Councilmember Cookerly
moved to adjourn the City Council meeting at 7:31 pm.
Councilmember Moore seconded the motion. The motion
passed (7-0).
Date Approved: April 26, 2021
Joe Lockwood or
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