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HomeMy WebLinkAboutMinutes - CC - 06/07/20211 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 1 of 63 CALL TO ORDER Mayor Lockwood: Good evening, I'd like to call the Regular Meeting of the Milton City Council for Monday, June 7`t', 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 cards to the City Clerk as soon as possible. While the Milton rules allow a speaker to turn in their comment card up until the clerk calls that agenda item, once the agenda item is called, no more comment cards can be accepted. Would the City Clerk please call role and make any announcements? ROLL CALL City Clerk: Good evening, Mayor and Council. I will be happy to call roll for the June 7th, 2021, 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 and 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 when any on person's 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 Peyton Jamison. Mr. Jamison: Here. City Clerk: Councilmember Paul Moore. Mr. Moore: Here. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 2 of 63 City Clerk: Councilmember Laura Bentley. Ms. Bentley: Here. City Clerk: Councilmember Carol Cookerly. Ms. Cookerly: Here. City Clerk: Councilmember Joe Longoria. Mr. Longoria: . Here. City Clerk: And Councilmember Rick Mohrig. Mr. Mohrig: Here. Mayor: Mayor Lockwood present. Councilmembers Present: Councilmember Peyton Jamison, Councilmember Paul Moore, Councilmember Laura Bentley, Councilmember Carol Cookerly, Councilmember Joe Longoria, and Councilmember Rick Mohrig. Councilmember(s) Absent: PLEDGE OF ALLEGIANCE City Clerk: Would everyone please rise for the Pledge of Allegiance. Chamber: 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. APPROVAL OF MEETING AGENDA Mayor Lockwood: Good evening. I want to welcome everybody here tonight. And uh, just on a little personal not if — if I look like I'm standing pretty stiff and maybe in a lot of pain, it might be because I am because I cracked four ribs and tore my verte — or cartilage in my chest yesterday. I'm maybe standing a little stiff. It hurts when I move. But uh, thank you guys for being here and uh, look forward to hearing uh, all items that you guys were interested in. Tammy, if you'll please call the next item. 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 3 of 63 City Clerk: That next item is, Approval of Meeting Agenda, Agenda Item No. 21-172. Mayor Lockwood: Okay, I'd like to see if we can move the new business items to procedural reports and presentations. Um, is there anything else on the agenda? Any changes staff or council would have? Okay. I'll open up for a motion on the agenda. Ms. Bentley: Mayor, I'd like to make a motion to approve the agenda as amended. Mr. Moore: Second. Mayor Lockwood: Okay, I have a motion for approval, and I believe a second was from Councilmember Moore. All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley moved to approve the Meeting Agenda with the following amendments: • Move up the New Business items to proceed Reports & Presentations. Councilmember Moore seconded the motion. The motion passed (7-0). PUBLIC COMMENT Mayor Lockwood: That's unanimous. Okay. Next item is public comment. And general public comment is a time for citizens to share information with the mayor and city council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. Each citizen who chooses to participate in public comment, must complete a comment card and submit it to our city clerk or raise your hand if you are attending virtually, prior to the agenda item being called. Please remember, this is not a time to engage the mayor or city council in conversation. When your name is called, please come forward, unmute yourself if y — you're virtual and speak into the microphone, stating your name and address for the record. You'll have five minutes for remarks. The city encourages you to review the agenda and if you wish to speak, bring your comment cards to the clerk or raise your hand virtually right now. All right, Tammy? Do we have any public comment? Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 4 of 63 City Clerk: We do, Mayor. We have three. Our first general comment is Felix Zents, if you will come to the podium, please. And as a reminder just state your name and your address, please. Mr. Zents: Thank you very much for allowing me to speak. My name is Felix Zents and I live at 800 Hopewell Place Drive in Milton, Georgia. My residence is directly beside Hopewell Road. Since I moved in, in 2011, there's been a lot of excessive speeding going north and south on Hopewell Road. Uh, there has been three accidents since 2011 at the intersection of Hopewell Road and Hopewell Place Drive. There's also been one accident and uh, in late 2017 or '18 at Plantation Drive and Hopewell Road. Uh, couple of times, the Milton Police were parked at the intersection at night, at Hopewell Place Drive and Hopewell Road. Uh, FYI, there's also a meeting tonight at Alpharetta City Hall regarding peace watch, where they're going to discuss a uh, possible roundabout at the intersection of Vaughn and uh, at the beginning of Hopewell Road. Uh, and since my uh, my residence is directly beside Hopewell. Road. So, I see a lot of speeding occurring. Sometimes in the morning, during morning rush hour. Sometimes in the afternoon at morning rush hour. And a lot of times in uh, later evenings and on the weekend. Uh, where I live, if I have to make a left to go down towards Alpharetta, it's kind of a blind spot and I have to creep up into the intersection just to see who's coming north in order for me to make a left-hand turn and go south. Uh, you know, I don't know if this has been brought up before, but I wanted to attend here to uh, at least uh, make it known of the situation. I mean, I don't know what can be done. Uh, but you know, it's uh, to me, you know, I — I know that the ambulances go back and forth and they're pretty fast and I understand that. But this — this is not ambulance, fire or police. So, that's it. City Clerk: Thank you, very much. Mayor Lockwood: Thank you very much and uh, obviously the public safety and public works will duly note those comments. City Clerk: Mayor, our next comment is Ms. Kathy Cobb. If you'll please come forward to the podium. Ms. Cobb: Good evening. I have laryngitis. It's gonna be very hard for me to speak. But I have been a resident of Alpharetta since 1987 and I watched this city really bloom. I've inaugurated the City of Milton Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 5 of 63 with my horses when they became a city. And that's what this town is about, I thought, was for the horses. And I used to take big groups to go ridin', you know, back up on the dirt roads. You can't do that anymore. Uh, there's so many speeding — so many speed people out there, it's dangerous. I can't even walk across my street. I can't get outta my driveway. Pamelot got people parking in my facility with no permission. Why is it right for people to come up and park at my house when they don't have my permission? I've been — I — my — I've been havin' to call the cops because I've had my trailer tags stolen. I've had my vehicles vandalized. My horses have been injured. You just don't know what I been through. And never anything like this has ever happened since I lived here. And I love this town and this stuff — kinda thing's gotta stop. I've got little kids that might be out on the driveway at midnight. My d — granddaughter's 13, she likes to talk on her phone. Well, what am I supposed to do when some idiot comes whippin' in there and parks in my driveway and we don't even know him? And just to mention, the speeders and the trouble it's causin' with my animals, they're not expectin' anybody that time of hour. It's just not right that somebody like this can just carry on and carry on. And then all of a sudden, I get these reports of my website is stolen. That they're using my location as her location. Saying I'm training — I am a trainer of horses and have been for 50 years. And I've never trained anywhere but my farm. And now some kid comes and tells me I'm training at Pamelot. I do not train at Pamelot. And would never train at Pamelot, the way they treat their animals. Those are the skinniest animals I've ever seen. They don't get taken care of. I don't even wanna be associated with it. But the two big thing — three big things, are speeders I can't get outta my driveway. People are parking illegally on my farm; I live at 13940 Hopewell Road. And since this lady has started her business up, I've got so many incidents at my property, it's not funny. You can call it the City of Milton, or you can call it the City of Alpharetta, can look up every incident that is associated with something weird. People are vandalizing my house. This is insane. Plus, to mention the fact, I can't have a party on a Saturday Night. When her music is so loud, I can't hear over her music. And I get in trouble, somebody pulls up, Ms. Cobb. Your band's too loud. Ms. Cobb, your music's too loud. Well, what Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 6 of 63 about her's? I mean, is she the princess of Milton? This is really wrong. Yeah. Mayor Lockwood: Ms. Cobb, can you — thank you for your comments. Do you mind, you stated your address and, uh — Ms. Cobb: Yes, my address is 13940 Hopewell Road. Mayor Lockwood: And state your name too, just for the record. Mr. Cobb: Katherine Anne Cobb. Kathy, to you, Kathy Cobb. Mayor Lockwood: Thank you. Ms. Cobb: And I started western riding in this town. And I will continue, because she's not runnin' me out. This is wrong. Mayor Lockwood: Thank you, very much. City Clerk: That completes our general, Mayor. CONSENT AGENDA Mayor Lockwood: Okay. Then we'll move on to our consent agenda. And if you'll please call the items. City Clerk: Thank you, Mayor. That first item is Approval of a Construction Services Agreement between the City of Milton and Vertical Earth Inc for Hopewell Road, Bethany Bend, Bethany Way Intersection Improvement Project. Agenda Item No. 21-173. Our next item, Approval of a Construction Services Agreement between the City of Milton and Triscapes Inc for Cart Path Removal and Trail Construction at Former Milton Country Club. Agenda Item No. 21-174. Our third item, Approval of Grant Funding from the State of Georgia Criminal Justice Coordinating Council, known as a CJCC, for Use of Force and De-escalation Training, Agenda Item No. 21- 175. Our fourth and final consent agenda is Approval of a Subdivision Plat and Revision. It's located at Big Ten Farm at 2535 and 2545 Hopewell Road. Land Lot 678 is District 2, Section 2. It's a minor plat subdividing one parcel into two tracts. A total of 4.303 acres Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 7 of 63 with a density of 1.46 lots per acre. Agenda Item No. 21-176. Mayor? Mayor Lockwood: Okay. I'll open up a motion on the consent agenda. Mr. Mohrig: Mr. Mayor, I make a motion that we approve consent agenda as read. Ms. Cookerly: Second. Mayor Lockwood: Okay, I've got a motion from Councilmember Morg with a second from Councilmember Kirkley for approval on the consent agenda. All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda as read. Councilmember Cookerly seconded the motion. The motion passed (7-0). REPORTS AND PRESENTATIONS Mayor Lockwood: That's unanimous. Okay. We'll move on to Reports and Presentations. City Clerk: Thank you, Mayor. That re — that item, it's proclamation and recognition of the Milton Police Department Chief's Advisory Board for Excellence and Service to Our Community. Mayor Lockwood: Okay. Before uh, before I read this proclamation and present it, I'd like to uh, recognize our Police Chief, Rich Austin and uh, uh, welcome Chief Austin to say a few words. Chief Austin: Thank you, Mayor. Amongst COVID last year, also a very difficult time was with law enforcement within our country. And fortunately, we have a very great group of police officers in Milton and I'm very humbled to serve in the capacity as the police chief for the city. But the difficulties over the last summer prompted a lot of very productive conversations. And I had some very — some very good conversation with community members of our citizenry. And I had some folks that I wanted to serve at a deeper level. And so something that I had been wanting to do since coming to Milton was develop a Chief's Advisory Board, just to hear counsel from several members of a — a wide cross section of our community. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 8 of 63 And so, the board kind of organically came together and we have been meeting weekly since shortly after last summer. And they have been instrumental in helping me to — to vet initiatives and just to be a sounding board as we best chart a path forward how to serve our community citizens. So, I appreciate their excellence and what they have done for me and for our police department as they have helped us to fulfill our mission, vision and values. Okay. Mayor Lockwood: Thank you, Chief. Okay. I'm proud to present this proclamation for recognition of the Milton Police Department Chiefs Advisory Board for Excellence in Service to Our Community. Whereas the City of Milton Police Department understands the vital importance of engaging with our community. And whereas, the City of Milton Police Department invites regular and meaningful dialogue, with a wide cross section of citizens, who through their contribution, can help the department best fulfill its mission value — miss — mission vision and values. And whereas, as part of efforts to be productive and innovative in — in its engagement, the Milton Police Department implemented a Chief s Advisory Board. And whereas, the Milton Police Chief's Advisor Board has provided critical feedback, enacted as a sound and board for the Chief of Police in the matters of police initiatives and activities. And whereas, members of the Milton Police Chief's Advisory Board serve as ambassadors for the Milton Police Department to facilitate accurate, meaningful communication. Whereas this relationship can serve efforts to reduce and prevent crime, to protect life and property and to enhance the quality of life in Milton. And whereas, Chief's Advisory Board volunteers have given freely of their time and perspective in order to help the Chief of Police fulfill the department's goal of continual, exceptional service to our citizens. Now therefore, we, the Mayor and the City Council of the City of Milton, hereby proclaim and recognize the Milton Police Department's Chief s Advisory Board members for their selfless volunteer services to our police department and our community. And this is given under our hand and seal of the City of Milton Georgia on the 7' day of June 2021. And if I could have those members step forward and, Chief? Chief Austin: Thank you. If I could have Mark Amick. Andrea Bartels. Barry Cohen. Amy Donnelly. Marilee Hamilton. Hub Kelsh. And Camilla Worrell. Ms. Deborah Jones could not be with us this evening, although her husband Raymond is in the audience tonight. [No dictation] [00:18:45 - 00:19:491 Thank you, Mayor. Just in Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 9 of 63 addition of, we're gonna go over and have some dinner and our meeting and they will also be receiving the Chief's Award for Excellence for their service. Mayor Lockwood: Great. Great. And I — I just wanna thank you Chief Austin and — and everybody here tonight that we presented with this proclamation. I never want to lose an opportunity to just shout out our — our public safety and always try to remember everybody, that these are the guys that get up every morning and go to work, willing to put their lives on the line to keep us, even if we're a stranger safe. And so, you folks that've helped out here, you're helping support those guys, so we appreciate everything. So, thank you very much. Chief Austin: Thank you. NEW BUSINESS Mayor Lockwood: All right. If you remember, we moved our new business items up in our agenda, so if our City Clerk would please, call those items. City Clerk: That first item is 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 during the Public Emergency known as the Novel Coronavirus Disease 2019 Global Pandemic, to Become Effective as Stated to Supersede the Existing Emergency Ordinance and for Other Purposes, Agenda Item No. 21-177. City Attorney, Mr. Ken Jarrard. Mr. Jarrard: Mr. Mayor, members of the council, I know that you are intimately familiar with this ordinance at this point. This is simply yet again, another 30 -day extension as we attempt to run out emergency declaration co -terminates with the Governor's Emergency Declaration. Uh, there may be light at the end of the tunnel soon. We may actually come out of this at a statewide basis. Of course, that will likewise termini — terminate hours. We do this and have continued to enact this over and over and over again, simply out of an abundance of caution to ensure if there is any particular funding initiatives that're based upon a locally declared emergency, that we don't forgo those. And that has been the primary basis for this, particularly at this point, Mr. Mayor. And it may — we may be at some point where the city and city staff Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 10 of 63 get together and just decide that we may need to come out of it anyway. But right now, I still think it is the cautious approach to continue to extend it. Male Speaker: Okay. Are there any questions for Ken? Mayor Lockwood: Do we have any public comment on this? City Clerk: We do not, Mayor. Mayor Lockwood: Okay. Then I'll — I'll open up for a motion. Ms. Bentley: Mayor, I'd like to rnake a motion to approve Agenda Item No. 21- 177. Mr. Moore: Second. Mayor Lockwood: Okay, I have a motion for approval from Councilmember Bentley with a second from Councilmember Moore. All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 21-177. Councilmember Moore seconded the motion. The motion passed (7-0). Mayor Lockwood: That's unanimous. Okay. Tammy, if you'll please sound the next item. City Clerk: And that next item is Consideration of a Resolution Authorizing Disposition of Certain Golf Cart Easements within the Former Milton Country Club Property. It's Agenda Item No. 21-178. Our acting Public Works Director, Ms. Sara Leaders. Ms. Leaders: Thank you, good evening. In April of 2019, a resolution was approved that authorized the disposition of uh, 22 lots, the golf cart path easements on 22 lots. And as we were developing plans for Phase 1, which has now been awarded for construction. Uh, we realized there were four lots that the cart path existed on that didn't have easements. Um, so this — this resolution would authorize to dispose of those easements once the cart paths are removed and the um, ground is stabilized once construction is complete. Mayor Lockwood: Okay, any questions for Sara on that? Do we have any public comment on this item? Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 11 of 63 City Clerk: We do not, sir. Mayor Lockwood: Okay. Um, then I'll open up for a motion. Mr. Mohrig: Mr. Mayor, I make a motion to approve Agenda Item No. 21-178. Ms. Cookerly: Second. Mayor Lockwood: Okay. Um, I have a motion from Councilmember Moore with a second from Councilmember Cookerly. All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Moore moved to approve Agenda Item No. 21-178. Councilmember Cookerly seconded the motion. The motion passed (7- 0). Mayor Lockwood: That's unanimous. Okay, Tammy. If you'll please call the next item. City Clerk: That next item is Consideration of the Issuance of an Alcohol Beverage License to Billy Allen's, located at 3000 Heritage Walk, Suite 201, Milton, Georgia. Agenda Item No. 21-179. Ms. Bernadette Harvell. Ms. Harvill: [Inaudible] [00:24:34] food restaurant — Here I am. Which means that they have a 70-30 ration between sales from food and sales — or sales from alcohol versus sales from food. So, they will not be able to serve on Sundays. They are in compliance, and we recommend approval. Mayor Lockwood: Okay. Are there any public comment on this? City Clerk: No, sir. Mayor Lockwood: Okay, are there any questions from council? Then I'll open up for a motion. Ms. Cookerly: Mr. Mayor, I recommend we approve Agenda Item No. 21-179 as read. Mr. Mohrig: Second. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 12 of 63 Mayor Lockwood: Okay, 1 have uh, a motion for approval from Councilmember Cookerly with a second from Councilmember Mohrig. All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Cookerly moved to approve Agenda Item No. 21-179. Councilmember Mohrig seconded the motion. The motion passed (7-0). Mayor Lockwood: It's unanimous. Thank you. Ms. Harvill: Thank you. Mayor Lockwood: All right, if City Clerk would please sound the final new business item. City Clerk: That final item is, Consideration of the Issuance of an Alcohol Beverage License to Milton and Mane LLC. Located at 15800 Birmingham Highway, Suite 601 in Milton. Agenda Item No. 21- Bernadette: 180. Ms. Bernadette Harvell. Milton and Mane is an establishment in the Birmingham Crossroad area. They will be having an application for an incidental service license. Again, you may recall this license has parameters around it prohibiting any more than 16 ounces of wine or 24 ounces of beer to be served to an individual patron in any given day. They also have a restriction to spend no more than two percent of their gross receipts on alcohol. And they can only give it away, there will be no sales. They are in compliance and staff recommends approval. Mayor Lockwood: Okay. Do we have any public comment on that, Tammy? City Clerk: We do not, sir. Mayor Lockwood: All right. Any questions from Council? We'll open up for a motion. Ms. Jamison: Mayor, I'd like to make a motion to approve Agenda Item No. 21- 180. Mr. Moore: Second. Mayor Lockwood: Okay, I have a motion for approval from Councilmember Jamison 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 13 of 63 with a second from Councilmember Moore. All in favor, please say, aye. Councilmembers: Ave. Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 21-180. Councilmember Moore seconded the motion. The motion passed (7-0). Mayor Lockwood: Ms. Harvill: That's unanimous. Thank you. Mayor Lockwood: Thanks, Bernadette. If the City Clerk will please sound the final new business item. City Clerk: That was, sir. That was the final. ZONING AGENDA Mayor Lockwood: Okay. I'm sorry. So, we don't have any — first presentation for public hearing, so we're gonna move onto our — our zoning agenda, if the City Clerk will please read the rules, the zoning rules and sound that item. City Clerk: Thank you, Mayor. The zoning agenda does include items like 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, which includes a zoning agenda. 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 review it. The applicant may choose to save some time for rebuke — rebuttal following the presentation by the opposition. Since the burden of proof is upon the applicant, the applicant. The applicant will be allowed to make closing remarks, provided time remains within the allotted time. Those called to speak, you'll be taken in order 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 before beginning their presentation. The Planning Commission has heard the rezoning agenda items Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 14 of 63 and their recommendations have been forwarded to the mayor and city council for consideration and disposition. The applicant should — 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 govering — governing authority of the respective local government, at least five days prior to the Planning Commission Meeting. A violation to relevant state statute constitutes a misdemeanor. Therefore, if you have contributed $250.00 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 RZ21-05, Section 64 Article XIX Crabapple Form Based Code, 6-1, Definitions Table 9, as it relates to breweries and distilleries. Agenda Item No. 21-157. Mayor Lockwood. Mayor Lockwood: Okay, do we have any who's going to present this? Or... City Clerk: Robyn. Mayor Lockwood: Robyn? Ms. MacDonald: Good evening, Mayor and City Council. Um, so this item — these series of three items U21-01, U21-01 and U 21-03 of the last one, 03, the applicant. Um, oh I'm sorry. Mayor Lockwood: Yeah. Ms. MacDonald: We're doing the — Mayor Lockwood: It's the text amendment. Ms. MacDonald: Text amendments, I'm sorry. I have my assistant, Sarah. I'm sorry, excuse me. 1 D 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 15 of 63 Mayor Lockwood: I'm sorry, I had Bob's name on here, so I got — messing you guys up. Ms. LaDart: Okay. Put that up on the console screens. Okay. Good evening, Mayor and Council. We are back before council with text amendments relating to breweries, microbreweries, distilleries and micro -distilleries in Crabapple and Deerfield. We first brought this to council for input in February. Took that to CZIM and then to Planning Commission. Which unanimously voted to recommend approval. And first presentation was at the last council meeting. We recommend adding breweries... We recommend adding breweries, microbreweries, distilleries and micro -distilleries as definitions in the Crabapple and Deerfield form -based codes. And add, as uses allow by warrant and T4 open and T5 in Crabapple. And then T4 open, T5 and T6 in Deerfield. Um, this will ensure proper oversight by our community development department, while not creating undue hardship for the new businesses. Applicants would be required to submit the same information and pay the same fees as if they were applying for an administrative variance. Giving professional oversight to the community development director and giving him or her the responsibility to determine if the use in the land is appropriate. Thank you. Are there any questions for staff? Mayor Lockwood: Any questions? Mr. Jamison: I have one. How does this affect the one that's supposed to be coming into Crabapple? Ms. LaDart: So, the one is already in T5, which is — light industrial is already allowed by warrant, which is considered light industrial. We're just calling it out specifically. Mr. Jamison: Okay. Mayor Lockwood: Paul? Mr. Moore: Sarah, in reading the information for tonight, I noticed one of the things that was changed was a recommendation what we move to a two-year core license under this as well instead of a one year? Ms. LaDart: That was changed before. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 16 of 63 Mr. Moore: Okay. Just wanted to confirm. What — what's the rationale behind that? Ms. LaDart: So, the core license were the individual server, so the — the manager still has to get that annually. But it's keeping in mind that, in general, a server is going to have to take time off to go get fingerprinted and to do all of these things. So, it's just in consideration of the server. Mr. Moore: So, the — so, a restaurant though, still has a one-year core license for their servers? Ms. LaDart: Yes. The owner and the registered agents... Ms. MacDonald: Owners, managers, any of their officials and the registered license agents. Mr. Moore: So, is it more of a burden for one than another? Why wouldn't it be the same? Ms. LaDart: To keep — yes, we are removing the burden for that hourly worker, the server. Of going in every year to get fingerprinted. Mr. Moore: Yeah, but you understand my point? Ms. LaDart: Yes. Mr. Moore: One — it's one way for a restaurant. When it's another for the brewery and distilleries — Ms. LaDart: Oh. Ms. MacDonald: Yeah — oh, every establishment would have their owners and all of their managers, their officials if they're um, have any chief officials. Their licensee or registered agent, no matter what type of establishment they are. It's the serving staff that's just literally taking their order that would have the two-year license, in any establishment. Mr. Moore: All those? Okay. Ms. LaDart: Yes. Sorry. Mr. Moore: I appreciate the clarification. Ms. LaDart: I misunderstood that question. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 17 of 63 Mayor Lockwood: Thank you. Laura? Ms. Bentley: Just a question for staff. As far as the warrant. How — how many breweries do we envision for Crabapple of Deerfield? Is there a percentage? I mean, I have a concern with an open laudio cuts out] 100:34:291 unrestricted, no conditions, place that on the community development director. I mean, I love Bob but, you know, at some point, as we're merging Chapter 4 with our land use. I, you know, have some concerns. Mr. Krokoff: Opposite of what you have from our traditional, I think more Euclidian zoning. So, the — the benefit of having — having it as — under a warrant um and having the many criteria that — that's listed gives the authority to the — the Director of Community Development to determine when we've hit that threshold. Bob and I actually just had this conversation just before I came in here, so it's great to hear that it's coming up in conversation now. What I recommended to Bob as the Community Development Director, that this should be a regular topic of conversation, when we come before work sessions and council. So, we as a — you as the leaders of the city can determine when you think we maybe have too much of one use or we need more of another use. Because that's really what form -based code is based on. The different uses. Ms. Bentley: So — so, it's somewhat fluid. So, it's subject to change as well? Mr. Krokoff: It's subject to the — to how the council feels. At what point have you hit too many of anything. And that's the — when you use — when you look at form -based code, it's more about he design as you know than it is the use. And if you start seeing more micro - distilleries and microbreweries than you're comfortable with, that would be the time to communicate with Bob. Say, I think we've got enough and when you — uh, as — as some of the requirements on it would be impact on the neighborhood. You'd be able to use that to determine no, I'm not gonna — there'll be no more warrants for that in — in those zones. I don't know if that helps. Ms. Bentley: Because I mean, do you — for example, do breweries um, typically have live music and outdoor, you know um, events like that? I — I'm thinking about the mix of uses that we're envisioning for Deerfield. And having residents, you know, over um, you know, a brewery. So, I just wanna make sure that, you know, we're thinking about all of the different uses merging with alcohol and um, you know, and let's be honest, we have — we have our first farm winery, and we are living some — some growing pains with it. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 18 of 63 And I just wanna make sure that we think ahead and make sure that as — as long as we have the ability to change. Um, and it doesn't put uh, undue pressure on our community development director. That we can have a work session and say, we're seeing too many um, breweries or whatever. Distilleries. Because it's my understanding that, you know, there — there — we've relaxed the food percentage and we are now offering package beer and spirits out of those, as well, is that right? Ms. LaDart: Out of the 70-30? Not packaged liquor. They can get an additional license to sell like, a to go bottle of wine. But they can't sell a to go bottle of tequila. Ms. Bentley: Okay. What about beer? Ms. LaDart: Beer, yes. Ms. Bentley: Okay. Those — those are my questions. I just — as long as um, the community development director we have, the council has the ability to convene and reassess um, what the mix is, if there's no set percentages of breweries and distilleries in Crabapple and Deerfield. Mr. Krokoff. It should be a regular topic of conversation as we build out. And the conversation that Bob and I had today, you know, it's kind of a different animal when you're filling an entire downtown all at the same time. Um, and you're having all the different uses, new uses, coming in at the same time. What's the correct mix of any type of use? What creates that vibrant downtown? I know that — that no one here is looking for a Bourbon Street type environment. Um, at the same time uh, we wanna make sure we have the right mix to — to be able to keep the place vibrant at 3:00 and — and at 8:00. Um, we don't have the exact mix. But uh, I think that we as a community will be able to feel when we're hitting that point. And then uh, the way I've equated it and Ken could correct me if I'm wrong, Bob has uh, it's actually a significant amount of authority with that warrant. Almost like — almost as if he was evaluating use permit on his own. Um, to determine whether or not uh, that is a good fit. And not only that, but to be able to create the conditions. Let's say we're looking at a uh, at one use in one location that's nowhere near any residences. Maybe that place can stay open until 11:00. But another one that backs up to — to uh, maybe a handful of 1 J 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 19 of 63 residences, maybe that is not an 11:00 establishment. That's the way I'm reading it as far as — as the authority that would be vested in our community development director. Mr. Jamison: Just a follow up to that. Thanks, Steve. That was one of the things I realized I wanted to go back and clarify was hours of operation. So, if I heard you correctly just now, we can measure that both individually based on the establishment and what the experience is. If it's an hours of operations thing that appears to be imposing a hardship on the nearby residents, we have the ability to revisit that, even if the original warrant suggested they could go until 11:00. If that's too late, it could actually be adjusted by the Director of Community Development? Or would it be adjusted by council? Uh, maybe that's too deep — deep in the woods for today. But we have the ability to address, is that I guess the right one...? Mr. Jarrard: Always. Council always has the final word if something's not functioning appropriately, you have the right to reign it in. Mr. Jamison: Same thing with sound — sound levels um, because the — the vibrance may be too much if it's a residential area. Mr. Jarrard: We can go back and address that later. Mr. Krokoff: Conversely, the Community Development Director can determine that — that music may not be appropriate to the venue. Whether in — inside or outside. Mr. Jamison: Which leads me to one more question. Sarah, again in reading, wasn't the definition as to why we remove the restriction on the — on happy hour, we — we lifted restrictions on the happy hours according to what I was reading about uh, all three of these. The microbreweries, the uh, distilleries and um, uh, craft. Ms. LaDart: We did that a while ago with the — Mr. Krokoff: Yeah, we did. Ms. LaDart: Okay. Um, we removed them because there was nobody, I mean, I don't really remember. There was a reason. Mr. Jamison: That's okay. It's not something you have to answer tonight if you don't know the answer. Ms. LaDart: Okay, I will find that slide and explain that to you. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 20 of 63 Mr. Jamison: That's a follow up I look forward to. Ms. LaDart: Okay. Mr. Krokoff: I think the state removed the — I don't remember exactly, but I thought it was because the state removed certain require — regulations there, but it's been a little while since — Mr. Jamison: And happy hours can mean a lot of different things. Ms. LaDart: Right. Mr. Jamison: It could mean, you know, an event in terms of something festive Where they're planning a theme. It can mean uh, drink specials where there's multiple drinks for a period of time. It can mean outside versus inside activities. It might be surrounding a cornhole event or it might be dart throwing or axe throwing. I mean, the things that we're seeing as part of, you know, today's um, event, I guess recreation, adult entertainment — adult activities in — in those kinds of settings. And so, I was interested in the fact that we lifted that at a point in time. I just wanted to make sure that we understand the parameters. Ms. LaDart: Okay, I will get that to you. Mayor Lockwood: Okay. Any other questions? Do we have any public comment on this? City Clerk: I do not, Mayor. Mayor Lockwood: Okay. Then I'll close the hearing part of that and uh, open up for a motion on the first one. Mr. Jamison: Mayor, I'd like to make a motion to approve Agenda Item No. 21- 157. Mr. Longoria: Second. Mayor Lockwood: Okay. And I have a motion from Councilmember Jamison with a second from Councilmember Longoria. All in favor, please say, aye. Councilmembers: Aye. i 1 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 21 of 63 Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 21-157. Councilmember Longoria seconded the motion. The motion passed (7- 0). Mayor Lockwood: That's unanimous. Okay. Uh Tammy, if you'd please sound the next item. City Clerk: The second item is consideration of Zoning Text Amendment RZ21-06 of Section 64, Article 20. Deerfield Form Base Code 6-1, Definitions Table 10. Agenda Item No. 21-158. Ms. Sarah LeDart. Ms. LaDart: That's the same presentation. Mayor Lockwood: Any questions or any public comment? City Clerk: I do not, Mayor. Mayor Lockwood: I'll close the hearing and open this up for uh, motion. Mr. Longoria: Mayor. Mayor Lockwood: Yes, sir? Mr. Longoria: I move that we approve Agenda Item No. 21-158. Mr. Mohrig: Second. Mayor Lockwood: Okay, I have a motion for approval from Councilmember Longoria with a second from Councilmember Mohrig. All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 21-158. Councilmember Mohrig seconded the motion. The motion passed (7-0). Mayor Lockwood: That's unanimous. Okay. If our clerk would please sound the next item. City Clerk: Our third item, consideration of RZ21-07 at 14140 Freemanville Road, vie — via Hopewell to rezone from AGI to CUP known as community unit plan. A 9.079 acres to develop a six lot, single family residential subdivision. Applicant has requested withdrawal in planning commission. Recommended withdrawal. Agenda Item No. 21-159. Robyn? Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 22 of 63 Ms. MacDonald: I'm up here at the correct time, I believe. Again, just to reiterate what the item explained. This proposed rezoning from AGI to CUP. The applicant has requested for a withdrawal. At the planning commission last month, they also made a recommendation for withdrawal. So, this is before you as well. To conclude and finish out this process. Mayor Lockwood: Any questions for Robyn on this? Okay. City Clerk: No, Mayor. Mayor Lockwood: Do we have any public comment? City Clerk: We do not, Mayor. Mayor Lockwood: Okay. We'll close the hearing and I'll open up for a motion. Ms. Bentley: Mayor, I'd like to make a motion to approve Agenda Item No. 21- 159. Mr. Moore: Second. Mayor Lockwood: Okay, I have a motion for approval from Councilmember Bentley. Mr. Moore: Just approving the withdrawal. Mayor Lockwood: Approving the withdrawal. We're clear on that? Yeah. Okay. So, I have a motion from Councilmember Bentley approving the withdrawal and a second from Councilmember Moore. Okay. Second. So, all in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley moved to approve the withdrawl of Agenda Item No. 21-159. Councilmember Moore seconded the motion. The motion passed (7-0). Mayor Lockwood: Okay, that's unanimous. Okay, if the city clerk will please sound the next item. City Clerk: Thank you, Mayor. That item is consideration of U21-01, VC21- 03. At 2105 Bethany Way for a total of 18.07 acres by the PFAJ Revocable Trust, dated 2/17/2019, to request a use permit for agriculture related activities. Section 64-1797 and a two-part concurrent variance. No. 1.) To allow the existing parking areas, with pavilion, horse arenas and driveways within the 100 -foot Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 23 of 63 activity setback. Section 64-1797D. No. 2.) To allow the structures housing animals to be located within 100 feet of a property line. Section 64-1797E. Agenda Item No. 21-160. The next item is consideration of U21-02 at 2105 Bethany Way. It's containing multiple parcels for a total of 18.07 acres by the PFAF Revocable trust, dated 2/17/19, to request a use permit for rural event facility. Section 64-1842. Agenda Item No. 21-161. Final item is consideration of U21-03, VC21-04 at 2105 Bethany Way for a total of 18.07 acres by the PFAJ Revocable Trust, dated 2/17/2019 to request a use permit for festivals or events. Indoor, outdoor, Section 64-1812. And the following seven -part concurrent variance. No. 1.) To delete the requirement for an 8 -foot high, 100% opaque fence adjacent to residential districts or AGI districts used for single family dwellings. Section 64-181B2. No. 2.) To allow the existing parking within the 100 feet from a residential district, or AGI districts used for single family dwellings. Section 64-1812134. No. 3.) To eliminate the three-year period from the date of the city council's approval. Section 64-1812136. No. 4.) To allow the 10 -foot -wide strip along all public streets to be planted with the existing landscaping vegetation along Bethany Way and Hopewell Road. Section 64- 1142A1. No. 5.) To reduce, or eliminate, the 75 -foot -wide undisturbed buffer or alternative screening design with a 10 -foot improvement setback adjacent to a AGI Zoning District. Where existing structures, driveways, activity areas and parking are shown on the site plan. Section 64-1142A3B. No. 6.) To eliminate sidewalks along Bethany Way and Hopewell Road. Section 64-1142E. And finally, No. 7.) To allow for lighting plan without light pole installation. Section 64-1142F. Agenda Item No. 21-162. City Attorney, Mr. Ken Jarrard. Mr. Jarrard: Mr. Mayor and members of the council. Thank you very much and thank you Madame Clerk for reading these under a single tab. So, let me, if I can, sort of advise the council as to where we are this evening. The applicant uh, with respect to these three -use permit uh, agenda items has made uh, a series of requests. Uh, the first request is to withdraw. Uh, you — you just did a withdraw so you understand what that looks like. A withdrawal of the festival use permit. So, that is one request that is being made of you. With respect to the other two use permits, there has been a request to defer until July and I think uh, in meetings with staff, it would appear that if Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 24 of 63 the council is prepared to withdraw probably something along the lines of July 19'h would be in order to ensure that the holiday is not implicated since everyone's in town. So, those are the pending requests this evening. Uh, and is — is typical uh, in Milton. I know there is also a interest in taking those matters up with respect to whether you will take the referral uh, and other wise, allow the withdrawal. But if you're gonna do that, our recommendation is not to have the zoning procedures at public hearing this evening. However, individuals are here that may in fact, want to speak. And the way we can accomplish both objectives would be to have a public comment opportunity with respect to those three items consolidated, if that makes sense. So, in other words, if you came here this evening to speak on either of those three items, it could be opened up for our typical public comment opportunity. Uh, come up obviously, condense your comments so it's encompassing all three items, related items. Uh, but it would not count as the public hearing, which actually accomplishes a very laudable objective is, is it means that this will not be your only opportunity to speak. And if in fact it is deferred until July, you'll have another opportunity to address the council at that time. Uh, so that would be my recommendation to the council. If that is what you choose to do and because deferral is, quote unquote, on the table. There wouldn't be the normal presentation by the applicant. There wouldn't be necessarily a staff full report like what you're used to if we're going forward. But there would be an opportunity for citizens to come and engage the council, if that is in fact your — your wish. Mr. Moore: Okay. Um, [inaudible] [00:51:48] for one second, Joe. You know, I wanna just make a couple comments right now, just in general. And — and this case is an example of uh, some times our job up here is — is very hard. And I know sometimes from the outside, it can seem pretty, you know, pretty dry — cut and dry. But uh, we get a lot of input from citizens and those affected. Those property owners. Um, we get a lot of uh, input and information from our staff, legal and whatnot. So uh, again, that can — can make decisions very hard. And as I said a second ago, sometimes uh, what seems like a simple decision uh, has ramifications that uh, are uh, unwanted consequences. And I'll just uh, you know, make uh, an example might be, and I know uh, I know this isn't — isn't exactly true, but let's say um, on a zoning case, we've got half the — half the — the room is uh, is in Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 25 of 63 support. And to — to — from their perspective, the easiest and best decision is to approve it. And let's say the other half of the room is uh, is uh, not. Is — is — is recommending denial and wants a denial of an application. And that seems like the best decision. But unfortunately, sometimes those decisions can backfire on the other side. Let's say, you know, you approve something and decide that uh, the folks that want it approved, they — they — they might be happy but then you realize there's all these other unintended consequences and — and what not in operation moving forward with other legal issues and whatnot. Or let's say you deny something and half the room's excited you denied it until you realize well, wait. If they denied this but they can still do this or that or whatever. So, my point to that is that, sometimes we have to look at all the options and then think outside the box a little bit. And uh, I'm happy to say, you know, staff had presented us that the applicant had asked for not only a withdrawal on the festival permit, but also um, requested uh, a deferral. But we've had some uh, affected neighbors and citizens that were interested in — in meeting. We've got some council members that're interested in meeting. As well as the uh, you know, commend the property owner uh, and — and interested to meet. To see if they can come up with some win-win ideas or a solution that would work good for everybody. Um, or at least get close than where I believe we are with a yes or no decision. Uh, or an approval or a denial. So, that being said, I know we've got the uh, support of staff and legal on — on a deferral. Um, and I believe the council, you know, will support me too. I think that is in — in the best interest, so that we can hopefully have uh, some other options to present. That being said, we appreciate that everybody's here tonight that has feelings one way or another and wanna express their — their opinions and concerns. Uh, so we certainly want to allow everyone to speak. We'll note all those comments and then as Ken said, if this is deferred, you'll also have another opportunity to come back if — if you choose to. But again, tonight's comments won't be waste — wasted because they'll be on the record and again, it's a good tool for our counsel and staff and — and applicant and neighbors to move forward with because we get, you know, an idea of what the issues are. So um, that uh, you know, that would be my position on hearing support. I think Joe, you know. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 26 of 63 Mr. Longoria: Yeah, the only thing I was gonna say is if, you know, we have to vote on whether or not to defer this, because we've already lumped everything together. And so, we've made certain assumptions about how we're gonna proceed. If we don't support withdrawal, then in rescheduling this, then we're gonna have to take this apart, read it one at a time and do the process the way we normally would've done and then those comments would be germane to whatever agenda item we were gonna present. Mr. Jarrard: Councilman Longoria, that's exactly right. So, this was done simply out of utility exercise. After the public comment opportunity — because remember, in your zoning agenda, you typically don't have public comment. Because the public comment is the zoning hearing. So, this is stepping outside the box and allowing the public comments. But to Councilmember Longoria's point, if at the end of the public comment, we then now have to go through each item and take — and make a decision uh, on the two deferrals and the single withdrawal, independent upon how the council votes will dictate the rest of the process this evening. Mr. Longoria: Well, what I meant was, we need to vote first. Mr. Jarrard: You wanna do that now? Mr. Longoria: Well, I thought that made the most sense because, if we're not gonna support withdrawal, then we have to vote on each tonight. [Crosstalk] Ms. Bentley: So, can we vote on one at a time, the withdrawal and — and hear public comment and then decide on the deferrals? Mr. Jarrard: Well, my expectation is that there would be public comment for all three items at once. And then we break them out. What we're going for with the public hearing this evening, and there will be a bona fide zoning procedures act public hearing after public comment. But my expectation was uh, that we would at least have public comment on all three items first to allow individuals that were here to speak, make sure they get — Ms. Bentley: I just want to hear the public comment first before — that's my — my decision. Mr. Longoria: So, let's just pretend for a second there was no public comment. Are we voting on this as a group of three things or are we voting on withdrawals individually? 1 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 27 of 63 Mr. Jarrard: You would — if there — if we were not gonna do this public comment approach, we would call out each agenda item, each use permit individually. It would have the staff presentation and then there would be a ZPL [audio cuts out] [00:57:37]. Mr. Longoria: So, there's a chance that we allow withdrawal of one and vote on the other two? Mr. Jarrard: Depending upon the will of the council, yes. Mr. Longoria: Okay. Mr. Mohrig: Well, the continuation of the conversation has kinda gotten to where I was gonna get to it anyway. My point was gonna be, I'm not prepared to cast any vote until I've heard public comment. I think we've assembled the community here for a reason this evening, I think they're entitled to allow their opinions to be heard. And I think it would be a — a misrepresentation of the process if we were to cast a vote prior to hearing public comment. Mayor Lockwood: I think we're all — we've all been on board with hearing public comment. It's just the um, sequence. So um, Ken, with your guidance, would it be okay to go ahead and hear public comment then vote for — for deferral or not, withdrawal and deferral. Then if that does not pass, then we'd have to go into public — how would that work? Mr. Jarrard: Every — exactly the way you said it. This — this public comment opportunity was to address the issues raised by Councilmember Bentley, Councilmember Moore — and all of you. I think that is the sentiment of the entire council. And to let the folks that have come this evening, to have their voices heard. Then, let's sound the items individually and take them one on one. And if for some reason uh, they're not deferred, then we have to do the full public hearing next. Mayor Lockwood: Go ahead, Rick. Mr. Mohrig: Okay, so that was the clarification I was looking for. So, we will, once we finish public comment, then we'll bring each one of these up individually for deferral. Two deferrals, we'll vote on one by one and then withdrawal. Mr. Jarrard: They withdraw. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 28 of 63 Mr. Mohrig: We'll vote. And then depending on what the vote is, that determines — Mr. Jarrard: The rest of the procedure. Yes, sir. Mayor Lockwood: Okay, and if council is okay, I'm good with having our public comment first. And then vote on deferrals and then if, you know, if .,that uh, depending on how that goes, then we go from there. Mr. Jarrard: Agreed. Mayor Lockwood: Okay. Um, and also, make uh, we'll make a um, comment. We discussed — we have had some email uh, some emails come in um, that wanna be on the record. Which they will be on the record. Um, we probably wouldn't have time to read them all out tonight, but they are on the record, and they'll be read into the record when this is a hearing. When this — if this — if this gets deferred and it comes back as a public hearing, those will be in there. So, those are not — certainly not wasted. They've been seen 'by everybody, and they are on the record and will be read about — read at during a — during the — Mr. Jarrard: Read or totally. And Mr. Mayor, the only other point of order I would make with respect to the public comment is, is that this will be public comment for all three agenda items. So, there's — right? That's — it's for all three. So, come on up and speak. Mayor Lockwood: And — and again, feel free to um, Tammy, you got the cards and in order. No — no specific order. Um, [inaudible] [01:00:31] to speak. So, with that I'll go ahead and open up for public comment, if you'll please call the first speaker. City Clerk: Thank you, Mayor. Our first public comment will be from Collier McCleod. If you will step to the podium and state your name, address and you will have five minutes. And I'll give you a one - minute warning. Thank you. Ms. McLeod: Good evening uh, Mayor and city councilmembers. My name is Collier McLeod. I'm an attorney with Parker, Poe, Adams and Bernstein. Our offices are located at 1075 Peachtree Street, Suite 1500, Atlanta, Georgia, 30309. Joining —joining me tonight is my client Pamela Jackson who represents the applicant. We respectfully request the Application U21-OINC21-03 be deferred until the city council's July 19th hearing. We also respectfully request the Application U21-02 be deferred Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 29 of 63 until the city council's July 10, 2021, hearing. Finally, we respectfully request that Application U21-03NC21-04 be withdrawn. We appreciate your consideration and reserve the remainder of our time for rebuttal. Thank you. Mayor Lockwood: Okay, thank you. And again, I —just to clarify a point of order. The last comment with rebuttal and all, this is just a general public comment at this point so, but, uh... All right, Tammy. If you'll please call the next speaker. City Clerk: Our next commenter is John Peoples. Please come to the podium. Mr. Peeples: Good evening, Mayor. And uh, city council. My name's John Peeples, I live at 1835 Bethany Way. Milton, Georgia. My wife Leslie and I have been there on our six acres since 1985. We're in opposition to the rezoning. Um, not only because of the uh, the winery. We have no issue with the winery at all. In fact, we think it's a good business type of activity. Um, it's the noise and the traffic. There was a line of people behind me that wanna comment. I know they'll expand on that much more eloquently than I can, so I'll leave it at that and grant my wife's wishes to be brief. Thank you very much for your time. Mayor Lockwood: Thank you. Thank you. [Laughter] Mayor Lockwood: All right, Tammy. Next speaker, please. City Clerk: Thank you. Next, Mr. Tony Rich. Please come to the podium. Mr. Rich: Good evening. Uh, my name is Tony Rich. Uh, my wife and I own the farm in 1950 and 1960 Bethany Way here in Milton. Um, you know, one comment that I'll make before I uh, go through my prepared comments. Um, I'm concerned that the winery has already published something on social media saying that this meeting got moved to July. Um, that sounds very presumptuous. Um, for what it's worth, I don't know what that means. But the fact that, you know, we all took out time to come out here and speak tonight um, I just think it says volumes about the order in which priorities are. Um, first of all, I would like to say thank you to our mayor. Uh, our city council. Our city staff and all of our neighbors for taking the time to come out here tonight. Uh, and for the uh, amount of time and energy that all of you have invested in this whole situation. Um, we all have lots of priorities in our lives. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 30 of 63 They compete for our time. And uh, it's unfortunate that this has become one of them. Um, Sarah and I moved to Milton from Sandy Springs and purchased our 25 -acre farm in 2017. Uh, we were drawn to Milton for a peaceful small-town lifestyle. Uh, and this whole situation has certainly taken away from all that. Uh, that only positive that I can think of um, is that this has given us uh, the opportunity to get to know more of our neighbors. So uh, that's my attempt to be half full uh, and I appreciate that. Um, we live about a half a mile from the Painted Horse Winery, Uh, so we get an up close and personaltaste, almost every weekend, of how large this business has become. Uh, please hear me clearly uh, when I say that Sarah and I have absolutely no issue whatsoever with the idea of a farm winery in Milton. In the very beginning, this seemed to be a new, creative use of agricultural property and a great way to save yet another farm from becoming a subdivision. Uh, we were hoping to enjoy a Friday evening at a small, charming winery down the street from out house where we could meet other Milton residents. Um, but as you know, this is not a small or quaint operation as it sits today. Um, as the smell of revenue and profit often does uh, the winery has gone from uh — uh, well past being small or quaint. Uh, Pam uh, Jackson is asking for permits that would allow up to 250 people uh, on her property at any given time. Um, that is not small, nor quaint. As I'm sure you're all aware, there was quite a PR campaign done a few weeks ago called, Save the Farm. Uh, and I received many copies uh, of what all that said. Uh, you know, clearly, they hired a very talented person to create a campaign uh, saying that they only want to do what they've done for the past 25 years. Uh, she also said that only a very small handful of neighbors have voiced opposition uh, to what they've always done. Um, but I think that the category of very small number of neighbors is uh, very uh, underestimated. Uh, the winery itself didn't even start until 2019, so I'm not sure how that fits into the last 25 years. City Clerk: One minute remains. Mr. Rich: Thank you. Uh, there are a lot of um, there actually a lot of people on social media who say how great this winery is, how unfair it is for our city to prevent her from what she's done uh, and always done. And how they're pulling for her to prevail. And when people live miles away, perhaps not even in Milton uh, and just show up occasionally to enjoy the wine and the music. I can certainly J Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 31 of 63 understand how they fell the way they do. Um, they don't have to live down the street uh, from what goes on there every single weekend. But what about, you know, all of us that do? You know, what about all of us on Friday Night that sit home and listen to music and see the police cars parked out front uh and worry about the traffic and the safety and all those types of things. Um, honestly, going down there on the weekends um, it feels more like a bar than it does a uh, a quaint winery. So, we're certainly concerned about that. Um, I actually caught my daughter sitting on the porch a few weeks ago singing to a song uh, because it was coming in our back door. So, I — I thought that was certainly interesting. Um, again um, we don't have a prob — a problem with this winery. Uh, I really wish Pam the best. And I certainly wish that she had kept it small. But unfortunately, for those of us that live down the street, she didn't. My — my final thought, you know, they seem to be asking for permission to do what she's done for over two decades. Uh, if she's referring to riding and boarding horses, giving lessons, having kids' birthday parties and having a small boutique winery with a couple dozen people um, I hope she figures that out and I'm hoping you all will do the same. So, thank you for your time. I appreciate it. Mayor Lockwood: Thank you. City Clerk: Thank you. Mayor Lockwood: And can I butt in here one second just to clarify something. I was — the point I was gonna make um, I know there — there may have been some information sent out but uh, if you could clarify, basically even though deferral was requested, and it was recommended to us. As you can see tonight, the deferral doesn't — we — we vote on the deferral here after public comment. Mr. Jarrard: Uh, it's not deferred until the council defers it. Obviously, we can't control the messaging. Mayor Lockwood: Right. Mr. Jarrard: That comes out. But uh, the council and everyone uh, that I believe on our end uh, knew exactly what the reality was and that is, the council was the final decision making with respect to this — Mayor Lockwood: Yeah. I just wanna clarify that the city has not put out any information as far as, you know, that this will definitely be Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 32 of 63 deferred or whatever. It's — it's on the agenda and it's recommended. But okay Tammy. City Clerk: Jesse Shannon. You're invited to come to the podium, please. Mr. Channon: Uh, good evening. I'm Jesse Channon, I live at uh, my wife and I live at 1820 Bethany Way. About a half a mile away from the uh, winery. Uh, we live on two acres. Um, I'll bring a different perspective to this as I think I'm one of your newer residents in the area. Most of the neighbors that you've heard from and will hear from have lived here for quite some time. I grew up in Alpharetta for quite a bit of my life, but we just purchased uh, about a year and a half, two years ago. Um, a part of the reason why we chose Milton, and specifically the area that we chose um, was all the things that I think make this area unique. That everyone has spoken to. It's quiet. We relocated from downtown Manhattan. It's a considerable uh, difference. Um, I am cornered by neighbors that have more property than the property in question her. Uh, the Richs who just spoke on one side, the Levitans across the street on the other. Um, what I'd like to say is, that if we had known honestly, in full transparency what was potentially going to transpire on this street with regards to the activities of the — the proposed activities of the winery for the festivals and larger gatherings, it may have — we may have made a different decision on where we chose to live. Um, we — we could've lived in downtown Alpharetta, we chose not to. We chose to move to Milton and live off of Bethany Way. Uh, my wife and I fully support the first permit uh, based on what I've heard. Um, that they are asking for, which is the agricultural related activities with regards to the winery, the horses, everything else. We think that's an incredible asset to the community. Um, our problem, and we're terrible barometers of noise. [Inaudible] [01:10:25] Manhattan, I'll be the first to admit that. So, it's less about noise and more about public safety. Um, we've already fished a young man out of our front yard in a flipped over pickup truck on that corner. It was August of 2020. Um, turned his truck over about 35, 40 feet from my front door. Um, that's terrifying. And for those that've already spoken to it, our street is no picknick to live off of. Um, it's basically a drag strip. And the idea of increased drinking and driving on that street again, frankly is — is terrifying. Um, we have tried to — to uh, get as much transparency as possible into things Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 33 of 63 like impact studies or any sort of additional work that's been done or sponsored by the applicant with regards to understanding what the — the risk mitigation would be for — for that increased capacity on the street and we haven't seen anything yet. And I think that's — that's part of the frustration for us specifically through this process. Um, I'd like to mirror what Tony said and thank this uh, this council and — and members who are sitting up here for attempting to engage and provide as much transparency though this process. Uh, as someone who's fairly new to this, it's very difficult to understand what we're even talking about half the time here. Um, but from what I can gather, it seems like we're trying to — to bifurcate a — a farm winery and an agricultural operation from one that is — is extensively a concert venue and a wedding venue. And so, too — to make it — to oversimplify there, we fully support everything to do with the winery and the agricultural business. Uh, and small events. We — we don't have a problem with. But the larger events that cause traffic and potential issue and safety, noise. Out of respect for my neighbors, I do know that their noise impact is more than ours. We do hear it at our property, but we're not as close. Um, those are things that we just can't — can't fully support. I [clears throat] the last thing that I would say with regards to — and again, it's a bit confusing, the process. But the last time that I was here um, I did hear about the potential withdrawal of the third application, but I also heard a request to uh, you know, allow for the additional uncorked uh, concerts that were contracted. As a good neighbor, I would like — I — I would hope that there's some opportunity to meet in the middle with regards to that. And potentially, allow some of those events to — to transpire so that there's no harm to Ms. Jackson from a business point of view. I don't agree with contracting things in advance of having uh, approval. But at the same time as a neighbor, I'd hate to see her put — put out and I'm sure that many of us wouldn't be okay with — City Clerk: One minute. Mr. Channon: With a — a few more — few more days over the next few months of — of traffic and — and noise in order to make sure that she can fulfill that contract. Um, so long as it was explicitly written to know that we weren't giving carte blanche for her to — to have those events in an ongoing... So again, I thank you guys for — for hearing us out and for the time and — and appreciate it. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 34 of 63 Mayor Lockwood: Thank you, Mr. Shannon and I'm sure, coming from Manhattan, it is a change. My — my daughter lives in Manhattan and I remember last year, come to visit and brought a couple of friends from there and I noticed out back, they just kept staring up at the sky. Like they didn't know what all the stars were. Mr. Channon: So, we moved from — we lived right on top of basically, where the Staten Island Ferry building is. Uh, right on the water. Um, we moved from the financial district and our neighbors, the Richs, rode up and greeted us on horses, at — at our fence. [Laughter] So, it's been an experience. Mayor Lockwood: We did the same when we moved here 28 years ago. The neighbor came over on his tractor. They invited us to dinner and my wife said, well how're we gonna — I said, we'll ride our tractor over there. City Clerk: I'd like to invite Mr. Dudley Garrett to the podium, please. Mr. Garrett: Mr. Mayor, ladies and gentlemen of the council. My name is Bill Garrett, and this is my wife, Dolores. We [clears throat] live at 13450 Hopewell Road and our north property line is contiguous to the south property line of Ms. Jackson's land. And there's a few widely spaced trees along Ms. Jackson's side of our adjoining properties, but they can never be considered any type of a buffer. The area between my home and the activities Ms. Jackson is sponsoring is virtually wide open. We bought our 9.4 acres and our home place on January 3, 1978. I began construction of our home in the — on the land and I believe we finished it in August or July of 1978. We moved in September of 1978. I was 41 years old at that time. We have lived there on this site in our home for the last 44 years. [Clears throat] And have never had any reason or concern that anything would ever happen to jeopardize our established quiet enjoyment of our property. We are now in our 80s, but rather than being able to relax and enjoy our home and property, for our remaining years, we are forced to spend our time trying to protect what has taken us 44 years to build up. All of our — all because our neighbor decides that she wants to make money and convert her home and land — and land into a commercial winery and attendant — with attendant and supplemental activities. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 35 of 63 But first, I want to be clear about one thing. I have had no complaints [clears throat] against Ms. Jackson. In the activities in her house — her horse business or her horse stabling, riding uh, lessons or equestrian activities. Or even her creation of the grape vineyard. The activities that can be expected of — by these things are all in agricultural um, zoning. In fact, I even made a comment to Ms. Jackson when she was talking — we was talking about her vineyard, that I thought it would be an enhancement to the area. But the activities that Ms. Jackson is uh, presenting to try to begin now, will not enhance the area. We did not realize we had any kind of a problem until either March or April of this year. We were inside our house, and we were literally blown away by loud, amplified noise, emanating from Ms. Jackson's property. On top of that, there was a person that sounded like a disc jockey, yelling at the crowd and the crowd yelling back to him. I'm certain some people called it music. But I called it noise. And it continues long — over a long period of time. I did not [clears throat] time to say — the length of time it was, and I should have. But at that time, I felt like it was just a party that Ms. Jackson was having that anybody has now, once in a while. But I did not know it was gonna turn out to be an — a preview of a regularly scheduled entertainment venue. The next thing that became apparent was the large crowds that began attending her parties. Then I found many articles uh, on the internet advertising the event, including the planned schedule [clears throat] showing the dates, times and activities and the names of the entertainers that was gonna be comin' — comin' in. Found out that they'd even built a — a bandstand on the property. The — there's information on the internet where people refer to it as an outside amphitheater, and that's exactly what they used it for. Ms. Jackson kinda summed it up in an article where she said that the — City Clerk: One minute. Mr. Garrett: Sorry? That uh, the situation that this — this is not Buckhead or Atlanta. But it's doing the City of Milton a great favor because it's something that people can go to and entertainment that they don't have to drive a long way to get to. I did not inquire about the activities beginning [clears throat] when — with the first idea. Because I did not know her intentions. But the — it's evident that's what the intentions are. She places the — one thing that she's doing and in addition to the uh, noise. In fact, which I did not know until Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 36 of 63 this past week. I've seen a plat that she's presented. And the — she's presenting, the plat was showing a location of a winery building and construction on her property. And that winery building is located right out my backdoor. I noticed one thing that jumped out at me, that building is as far away from her home as she can get it and it's as far away from her children's home who live there on the property with her, as she can get it, but she can put it right next to me and my backdoor. I don't appreciate that at all. City Clerk: Mr. Garrett, five minutes has expired, I'm sorry. Mayor Lockwood: Mr. Garrett, if I could just ask you to uh, try to wrap — Mr. Garrett: Thank you. Mayor Lockwood: No, try to wrap it up. If you've got a couple more comments but in order for time. Mr. Garrett: I'm sorry, thank you. Mayor Lockwood: Thank you very much. City Clerk: Thank you. Mayor Lockwood: Tammy, could you please call the next speaker? City Clerk: I'd like to invite Mr. Jeff Levitan. I hope I said that right, to the podium. Close enough, I'm sorry. Mr. Levitan: Thank you Mayor and city council. Neighbors. Uh, Jeff Levitan, 1865 Bethany Way. Got 26 acres right down the street. Uh, five children under the age of 12. Two of them have autism. Uh, I've been living there for about four years and for the first two years, we really didn't notice um, the farm at all. Just passing it. Looked like a cute little uh, equestrian place. As a matter of fact, my wife took some of the kids over to enjoy the agricultural uh, related activities. Um, as of late, this last year, it picked up quite a bit. The traffic was really bad. Um, the presence of the police officers on the corners, which are there to help, I understand. Um, but it — but certainly, driving past that every day coming home and to work and pretty much everywhere we go, goes right across that intersection of Hopewell Road and Bethany. And even the roundabout comin' in isn't gonna solve the problem, I promise. It's Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 37 of 63 just not going — it's gonna — it's — it's a step in the right direction, but it still isn't gonna solve the traffic problem on that corner. And uh, just for public safety and the safety of my children and other children down the street. Bethany still doesn't have shoulders on the sides of the road. Um, I always have tire grooves outside of — on — on my front lawn. You know, trucks, cars, whatever, swerving. Um, further down the road, there's a deep ditch on both sides. No sidewalks yet all the way down. So, there's — there's some need for safety concerns uh, down the road. And if the — if the area turns into more traffic and more of a venue for large groups, it's gonna be more dangerous just by default. Um, I'm a freedom loving entrepreneur. Um, I've got more acres and flatter acres if — if we're gonna start issuing a lot of permits for concerts, I — I love `80s rock music. And I will get Def Leppard and Led Zeppelin and some really good uh, classic rock bands uh, out on my property. And many others. I — I just don't wanna see tenfold requests for permits everywhere. If uh, it starts to become a concert venue city instead of uh, an equestrian city. Thank you. Mayor Lockwood: Thank you. Tammy, could you please call the next speaker? City Clerk: Next is Mr. Theodore Cox. Please come to the podium. Mr. Cox: My name is uh, Ted Cox. 13860 Bethany Oaks Point, Alpharetta, Georgia. Um, Mr. Mayor, it's good to see you again. I just um, wanted to say that there are people here that live directly adjacent to the facility and what they have to say is much more important than I would say at Bethany Oaks. There are 10 families at Bethany Oaks that've written either to staff or to uh, city councilmembers. Who've shown up at the CZIB. Shown up at planning commission meeting. We had a meeting with three city councilmembers last week and people came out. I would hope that city council would decide this matter this evening. I think it's asking an awful lot of the people that aren't directly adjacent to the facility keep coming out and keep getting involved. The deferrals and things, I think really favor the applicant. So, I would ask that you consider actually voting this evening. The second thing that I wanted to mention goes to the truthfulness of the applicant. Um, at the CZIB meeting, the question came up about what time music ended and whether we would hear it in our homes. And I had made a comment that I heard music inside my Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 38 of 63 home at 8:00 at night. And the applicant and her attorney made a comment that I must've been confused because the music is acoustic, and it ends at 7:00 p.m. Yet, one week later, they ran a full-page ad in the Milton Herald advertising their Uncorked Concert Series. And that concert series talked about music running from 6:00 until 10:00 at night that was amplified and electrical. So, I think when we talk about something where there's an element of trust with the community, when you have an applicant at a CZIB stand up there and blatantly mislead people about what their intentions are. And say, we have acoustic music, and we end at 7:00 at night and you're confused if you don't hear anything else to the contrary. To me, that's not being truthful and um, I think it's uh, a basis for something the city council to consider. Thank you. Mayor Lockwood: Thank you for your comments. Tammy, could you please call the next speaker? City Clerk: Next, Mr. William Stampfel. Please come to the podium. Mr. Stampfl: Good evening, Mayor. Uh, coun — city council, William Stampfl. 13820 Bethany Oaks Point. Um, Milton, Georgia. I've lived here 25 years with my wife and my three daughters. Uh, those three daughters learned to drive on the streets of Milton as well so, watched them grow up. Um, I've seen a lot of change over the 25 years here. And being uh, a resident of Bethany Oaks, we've seen a lot of change and we've been impacted by a number of things, right? We've got the roundabout coming, which is going to directly impact us. My — my big concern of this whole applicant is, traffic safety, you know, impaired drivers, drunk drivers. Um, I've seen too many accidents there at Hopewell and Bethany and with the roundabout, it's probably still gonna continue. I hope it doesn't, but it's probably still gonna continue. The traffic, I've already seen Uber drivers, Lyft drivers, parking in the Bethany Oaks uh, Clubhouse parking lot already, waiting to pick people up from the events that have already been taking place. Uh, the drunk drivers, I mean, the road of Milton are bad, right? We know that. People are getting into accidents all the time and I just fear for a bad accident happening there [inaudible] [01:25:36]. Um, you know, the music, it's loud. I'm the third house in on the left. On — on the west side of Bethany Oaks Point and I hear the music. And at all times. Uh, the traffic, I still continue to see trying Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 39 of 63 to pull out of the neighborhoods at times, Saturday afternoon, Sunday afternoon, there's traffic. And I'll just end this, I'll show you guys a picture. This is last Tuesday evening, 7:00. There was a car that tried to drive into the exit of the uh, Painted Horse Winery. 7:00 on a Tuesday night, this person, whoever they were, were trying — was trying to back out, right into Bethany and Hope Road and thank God, nothing happened. No one got hurt but that's the stuff we're gonna have to deal with. Thank you. Mayor Lockwood: Okay. Thank you, sir. Tammy, please call the next speaker. City Clerk: Next, Kasey Sturm. Ms. Sturm: Good evening Mayor and city council members. I'm Casey Sturm, I'm an attorney with Wiseman, PC in the area of environmental land use and zoning law. I have the pleasure of, for the record, our offices are located um, at 1 Atlanta Center, Suite 4. We are in Atlanta Georgia, 30326. I have the pleasure of representing Joseph and Erin Canouse. Both Mr. and Mr. — Mrs. Canouse are here today. Um, they live in the Cooper — the Lake at Cooper Sandy subdivision. They are directly caddy corner to the Painted Horse uh, property at 800 Cooper Sandy Cove. I will let Joe in a moment, talk to you about his family and children, but they are just some of the community members directly impacted by the activities at the Painted Horse. I wanna talk broadly about these three applications. Um, I feel it's important not only that you hear from Joe, but obviously the community that's impacted on the grounds. So, there's just some legal issues that I'm sure your council has also brought to your attention, but I think bear mentioning. And one is um, this huge disconnect we see. While this may have been presented before the community at some point as a benign farm winery, there is a huge disconnect, as you hear from the neighbors, between what is actually happening on that property and what was supposed to be happening. And what is legally allowed to happen. So, I ask this body to think about, when does the [inaudible] [01:28:14] use become the primary use? And when does the primary use become ancillary to that? Okay? So, here, what we have, what has been licensed and arguably committed as a winery, that is not without limitation, even under state law. And under state law, there are certain requirements that the winery has to show, that it is meeting, to maintain that winery license. And Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 40 of 63 I ask you whether the applicant has met that burden. I was hired shortly before the planning commission. I came before the plan — planning commission and said, I will tell you up front, I am way behind the eight ball. I have the least knowledge about what is going on. Part of the problem though, is in reading the applications that were put forth, it's hard to tell what the applicant — applicant is requesting and under what authority. When I dug through your meeting minutes, I learned that there were some allegations and threats of litigation based on grandfathered uses and entitled uses. Yet, it was hard for me to tell, and I've talked with opposing counsel; or I should say, the applicant's counsel. What is it you contend that you're entitled to do? What is it you contend that is a grandfathered use? For the public, that is a hard concept to understand, particularly when you have community members that've been here for over 25 years and can tell you that never happened. So, the burden of proof, on any applicant before you, is on the applicant to show not only that they meet the application requirements, that they are entitled to what they're asking. And here, when we look through these applications, I see nothing in the record by the applicant showing that it has established a grandfather use to carry out music events. Arid when we talk about music events, in the context of a winery use, the applicant is unable to clarify what those music events should' be, should they be ancillary to the use. Is that amplified? City Clerk: One minute. Ms. Sturm: How often? And so, I ask this body, on behalf of my clients, that you deny deferral to the extent you're going to engage in any deferral of these applications. That you consider, should this applicant be able to carry on any music during that time. The public has had to suffer this entire time that the applicant knew, they may not be allowed to do this. And yet, they did it anyway. So, we would ask that you deny deferral. And it — and vote to deny all of the applications. Mr. Canouse: Yeah, I only have a minute. You guys, uh — uh, I sent several emails to the council how I feel and there's two sides to every story but, reality is, it should be very apparent. What the applicant is asking for, what's going on in the community are two different things. We do not have one concrete uh, permit request because it changed. It changed in the planning meeting. Now they're withdrawing it so they can do it again. They're playing defense to Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 41 of 63 see what we're gonna say. And the best course of action is to cease and desist right now. City Clerk: Time has expired. Mr. Canouse: Until we figure out what's going on. And I have to say, this is a cancer on our community. It's a cancer on the community for people who just wanna go home are here, they're mad, they're upset. They're gonna spend their own money and they're gonna litigate as well. And I respectfully thank you for being here, I hope [inaudible] [01:32:06] thank you. Mayor Lockwood: Tammy, will you please call the next speaker? City Clerk: I'd like to invite Mimi Sullivan to the podium, please. Ms. Sullivan: Hi. I have a little voice tonight. But my name is Mimi Sullivan. 29 [audio cuts out] [01:32:31] Bethany Way. And you heard all the arguments for a year and a half about problems with this winery. The problems with traffic, congestion and speed. With alcohol use. The loud music. With having a commercial um, use inside — embedded in the midst of a residential community. Um, we've met with a lot of you individually and um, and in congregate. And I guess, for me, what it comes down to is, these user permits are not about preserving the rural integrity of Milton. They are being sold, as doing that. But that is not what this is about. This is about one woman's ambition to make money out of her farm. If this were about the community and benefit in the community, then this — these user permits would not be happening at all. Because the — all the adjacent neighbors in that area, save for supposedly there's five who are supporting it. Um, have indicated clearly that they do not want this type of use in the middle of our neighborhood. I think it's especially disturbing that there has been this public campaign of what I call deception and misinformation. This is not about saving the farm or saving the winery. This is about the commercialization of an agricultural property. We have had to listen to this music every weekend. We cringe, there's the police car. Now we know it won't be long before the music starts. It's upsetting because you dread every weekend. So, in the Milton Herald, I saw where a representative of Painted Winery said they have five neighbors who support their winery. I can give you 50, 50 neighbors who have met in meetings with you, who have written emails, who have talked with us. They are encompassed in Bethany Oaks, in Cooper Sandy, all along Bethany Way, including directly across the street and behind them Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 42 of 63 on Hopewell Road and Cooper Sandy. Um, all the way down Bethany onto Haywood. And they're all concerned, they're upset. They're hearing the music; they're seeing the traffic. We already know Bethany Way is a terrible speed trap. Um, we've all had cars turn over in our front yards. Uh, there hasn't been anything really done to make Bethany Way safer. For a year and a half, I have worked to reach all the neighbors and find out what their feelings are about this. How do they feel about it? A lot of them were reluctant to come forward. But then encouraged that their voice needed to be heard. They could make a difference in Milton. That everybody's voice matters and if you show up and if you send emails and if you speak, that the government will hear you. The bureaucracy will hear you. I think that you all have heard us loud and clear. What worries me is, what might be going on in the back door that the rest of us don't know about. What's being given away, supposedly for our benefit down the road? And I think about these people being so courageous and so willing to speak out, knowing that one minute one neighbor or another neighbor might know how they feel and what position does that put them in? I'm asking you tonight, to show courage and commitment to actually preserving the rural integrity of our neighborhood. And I know that is a difficult thing to ask you but all of the neighbors, 50 at least of the neighbors have done that. And I'm asking you to do that. I'm asking you not to defer this. We've fought it for a year and a half. The music goes on, the traffic goes on. So, if we defer it for another month, what're we talking about? We're talking about how many more weekends of more traffic and more noise that we're all gonna have to put up with until July 191. And then how many people are on vacation or aren't available or we've lost momentum. So, I'm asking you to have courage tonight and commitment to Milton and to not vote to defer. City Clerk: Time has expired. Ms. Sullivan: Thank you for your time. Mayor Lockwood: Thank you. Tammy, will you please call the next speaker? City Clerk: Mr. Curtis Mills? Would you please come to the podium? Mr. Mills: Good evening. Uh, my name is Curtis Mills and I live at 16355 F�' Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 43 of 63 Birmingham Highway. Uh, I am not speaking uh, for or against um, my uh, my neighborhood is not close enough to have standing. Uh, as most of you know, I'm the property owner and the applicant for Matilda's Under the Pines. Uh — uh, the music venue and almost exactly three years ago tonight uh, is when I stood before you uh, making that application. Uh — uh, not going to drag you through all that again. Really uh, the reason I'm here is to say, I recognized then and we know now that we knew very little about music venues uh, in uh, in Milton. We had little experience with it, and you all had to be hyper careful and — and vigilant and uh and setting parameters to make sure that it wasn't unintentionally damaging. Uh, recognizing that uh, Matilda's venue is in a commercial zone, I uh, I understand this is not um, uh, that's a difference. But I just would ask you all, if you do go forward with this in July or tonight or at some future point. Uh, if you consider relaxing the constraints that uh — uh, were put on Matilda's, I'd like for you all to consider allowing us to uh — uh, share in that relaxation. That's it. Thank you, very much. Mayor Lockwood: Thank, you. Tammy, if you'd please call the next speaker. City Clerk: The next is Alexandra Givens. Ms. Givens: Hello. Um, I'm Alexandra — Alexandra Givens. I live directly across the street from Pamela. I'm at 2170 Bethany Way. I've lived there since 1998. We moved out there for horses and peacefulness and um, tranquility which we had for many years. Until recently. Um, I just wanna mention a couple things that nobody's brought up. The fact that it is a cut through, it's a very busy road. Um, my daughter grew up with Pamela's daughter. I witnessed my daughter almost getting hit by a car and I witnessed her daughter almost getting hit by a car. And they just pick up speed. And, um ... a couple things I wanted to point out is, that it's just not made for the influx of traffic it will have when she's having [inaudible] [01:40:57] weddings and as far as the horseback riding, it's always been fine. It's been quiet and peaceful, and our daughter would go over there and swim and there was never a problem with — with it until recent. With the winery. And even with the roundabouts, I'm not sure that it's gonna help the traffic and then if we have weddings and then there's another um, piece of property a stone throw away that's for sale right now on Hopewell. That also has the um, permission to have events there. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 44 of 63 So, that's really too close — very close and she got approved you could have as many as 400 cars trying to come through there one given time. So, the traffic's not suited for it. So, I've seen large delivery trucks that can't get into her property, it's a small [audio cuts out] [01:41:57] cars that speed down the road and I see that as a problem. Emergency vehicles, I've had to call 911 to come and [inaudible] several times. Weekly, we've got emergency vehicles going across that — across Bethany Way because it is a cut through. And I would think that somebody [audio cuts out]. The noise comes up my driveway just over the weekend, just listening to concerts. Um, very early on when I first heard about it, Sally and I would go participate. See what it was all about and have a glass of wine. And so, Sally called Pamela and it's not wheelchair accessible. [Audio cuts out] [01:42:52] why is somebody allowed - why is accessibility always an afterthought? So, it wasn't even something I could participate in. Her answer was, she hasn't done any accessibility yet. That was several months ago. And our property value. What's gonna happen to my property value? It's gonna take a special person that wants to buy my piece of property right across from [audio cuts out] [01:43:23]. I don't think it's right. I hope ya'll will consider um, making a decision tonight and not [audio cuts out] [01:43:53] deferring it. Um, thank you very much. Mayor Lockwood: Thank you very much for your comments. City Clerk: So, Mayor, that concludes the public comment, but I will call back up, can confirm, Collier McLeod. They were the — no, we're not doing that. Okay, my apologies. Okay. Mayor Lockwood: Okay, so that's the — all the public comments? City Clerk: That — that concludes. Mayor Lockwood: Okay. Then I'll look to you. What's our next — Mr. Jarrard: All right. So, now we need to — actually, we've done public comment on sort of the collapsed the permits together. Now you actually have to address them in a standalone item again, we allowed public comment because these are in the nature of zoning items. Now you need to decide if you wanna handle them like a zoning item tonight or if you want to defer them. Or are you going to uh, allow the withdrawal of the festival use permit. Mr. Mayor, I recommend that you start with Zoning Agenda Item No. 4, 21 uh, 1 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 45 of 63 1AC2103. That's the first one and this is where the council needs to make its first decision. There is a request to defer this until some time in July. Um, you can take action on that. You've had public comment. If your decision is not to take action on it, you need to open it up for a bona fide public hearing with a staff presentation. Uh, opportunity for the applicant to come up and present, just like you would any other. Mayor Lockwood: Okay. All right. So um, at this point, basically this item is up for um, uh, deferral. Mr. Jarrard: Deferral at the request of the applicant. Mayor Lockwood: At the request of the applicant. So, I'll open up to council on that. If there's any questions for staff on this. Or if anyone wants to make a motion. Ms. Cookerly: Just excuse me, just repeat please exactly which one it is. Mr. Jarrard: Right. So, this is U2101 VC2104 No. 4. This is the agri — agricultural land [audio cuts out] [01:45:43]. This is the first in order of the three use comments and this is one of the ones to which the applicant has requested a deferral some time in July. Mayor Lockwood: Okay. Open up to either, if there is action or um, to questions. Ms. Bentley: I have some comments. Mayor Lockwood: Okay. Go ahead. Ms. Bentley: So, I wanna make it clear to the people in this room, that this council makes the decision. So, I was very disappointed to um, read on social media and spent all weekend being sent um, um, social media posts and — and one of the things I know as a farm owner. Is that it takes um, common sense and compromise and courtesy to your neighbors. To make uses work. And I'm all for the agricultural uses of the land. And what I hear from people, the neighbors, which are my priority. Those are the folks that I represent who don't have a choice. Um, they live with what's happening in their backyards every weekend. Um, you have to figure out a way to compromise and communicate. So, the Save the Farm communications is so confusing to the community because some of your neighbors are Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 46 of 63 the farm owners. And so, it's disappointing to see how the lack of communication has taken p lace among the applicant and the neighbors. Um, as we sit here tonight, I applaud those that've come out and spoken their minds. I know that for the winery to be successful, and the equestrian business. Those are things that this community supports. We want those things to be successful. But you have very little — a lot of intensity on not a lot of acreage. So, as I sit here and listen to your neighbors who don't have an issue with the buy right uses. I think that perhaps, you guys getting in a room and going through what it is that you need to make your buy right uses viable. But not to offend your neighbors. This is what it is to be a neighbor. And when we have farms bumping up against neighbors and other farms, you have to do more to communicate. So, as we sit here, we have to choose whether to deny everything, which leaves us with nothing. Not a great option. Or approve something that we haven't defined. So, one of the options that I considered is some sort of meeting or a mediation to determine if there is any common ground. I don't know if there is. The gap is huge. Staff has recommended the denial; the planning commission has recommended denial. And we have a whole set of neighbors here that are not happy. But if there is any common ground, I suggest that we try to find it. Within not 30 days or 40 days, within two weeks. And those are my comments. And — and certainly, if anything were to go forward, everything should cease and desist, out of respect for the neighbors. Mayor Lockwood: Okay. Anybody else? Paul? Okay. Mr. Moore: Yeah, thanks Joe. Um... I'll start by echoing that I am in agreement with Councilmember Bentley's uh, comments. Um, I think she makes some very valid points. And it's, you know, once again uh, we — we've uh, I've been following this all through the process. Through the CZIM and through the planning commission hearing. And what I continue to be troubled by is the misinformation that's out there and misrepresentation of — of the facts and so many um, instances by the applicant. And the Save the Farm campaign couldn't be more inappropriate for what this is. This is Save — what it really should've read was, save the commercial entity that we're trying to force a square peg into a round hole. And yet, I recognize that by right, the landowner has an opportunity to conduct business as has been approved by 7� Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 47 of 63 conditions in AG1. And what a farm winery can be. And so, there's a complete disconnect. And I'm troubled again this evening by again, basically a misinformation campaign. When I too saw the advertisement to the community, or the social media advertisement to the community that there was a deferral that was basically — it had already happened. Well, that doesn't happen until we cast a vote tonight. So, when we hear only from the surrounding community tonight that is in opposition, or in — let me qualify that because we heard folks tonight say, immediate neighbors, say that they're willing to support some of the activities that're by right. But they — they take offense to the things that're far exceeding the — the buy right activities that they expected to uh, take place there. And yet there is no representation of a community that might've been here tonight, except for the misinformation broadcast by the applicant. That the deferral was gonna take place tonight. So, there isn't even a fair hearing to hear both sides. So, I'm equally troubled by that. Of course, it's easy to stand tall for the community that's standing here in opposition tonight, to support them because that's the constituency that we vowed to represent. Why we decided to run for council. So again, we're compromised by the applicant, by propagating misinformation to the community. So, you've set up your own deep hole to dig out from tonight. So, how do I struggle with giving the opposition, or the applicant, more time to uh, prepare a case which was compromised, when the community who is most affected by it has assembled this evening, spoken eloquently in favor of their position. Have given a sound reason to say no to so much of these things. And yet, how do I then sleep tonight thinking I have or have not given a fair hearing to this when the applicant has compromised the hearing. So, I'm not sure where I'm gonna go with this tonight but uh, the misinformation campaign has to stop. If we are gonna choose to defer, there has to be a meeting in the immediate future of the interested parties to look for an appropriate compromise with the most affected neighbors represented profoundly at the table to give their — to give their uh, best hearing. The best opportunity for success in this. I couldn't be more frustrated. Mayor Lockwood: Carol? Ms. Cookerly: Frustrated. Perhaps angry. I think the misinformation campaign Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 48 of 63 crystalizes what has happened throughout this process. It wasn't that long ago that we assembled, and we supported this winery. We supported it because we thought it was a good use, there was buy right opportunity. And we thought, great. Won't become a subdivision. But since then, it feels like the owner has been loophole hunting and commercializing in a neighborhood. Sort of in the vagueness of direct, which I think are less vague as we've moved forward. I think there's been a level of deception, and while I am — I have a high opinion of the applicant, I don't like the practice. And I think that we have um, come to this place where you folks have spoken well and fairly and gone to a lot of trouble to express your opinions. I also was extremely dismayed to see the building place — well, first of all, that they were building that size. When you mix everything together. So, not only am I disappointed at where we are today; 'I stand in full opposition of your plans? And you just need to know that because I'm not gonna mince words. Um, I also feel that ,if there's a deferral, there needs to be a very large adjustment to how many people will be at your buy right farm winery. Because there is no way am I willing to tolerate, we take out this, we take out that, which is out right to do. And there are hundreds of people there at the winery. That's just not gonna work. So, I just, I'm a candid person and I think you need to know where I stand. Um, that's it. I feel very strongly about this. Mayor Lockwood: Okay. Anybody else? Joe? Joe go First? Mr. Longoria: Yeah, I mean ...um, I would say that uh, it was good to hear it in front of the citizens tonight, the thing that I, you know, I try to remember when we get into these situations and discuss these important topics that the adjacent um, neighbors are certainly um, an important part of this. But the landowner is an important part of this as well. You're all citizens. They all, in their minds have a point of view that's valid. I would agree with my fellow councilmembers that um, that a lot of good things — we heard a lot of good opinions, a lot of statements of fact tonight how this is impacting everyone. We've also received quite a bit of email. And I would say that email is both for and against. So, we have had a little glimmer of support of what's being asked. But um, I do share the concerns that um, uh, the councilmembers have stated regarding uh, this seems to be a moving target and it seems like part of that movement is designed to buy time and uh, Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 49 of 63 we need to get this to a point where we make some decisions. And so, I would actually be in favor of uh, addressing all of these things tonight. But certainly, given the fact that we've got an opportunity to perhaps, gain some common ground as — as one of our councilmembers mentioned. I can certainly see that. But — but one of these items though, the withdrawal, I think is something we can vote on and take care of. Mayor Lockwood: Rick? Mr. Mohrig: I guess I would echo a lot of what the fellow councilmembers have said. I've been frustrated with the misinformation. I've met with a number of the neighbors who've come forward, clearly expressing their concerns. And what I don't hear, is I don't hear people with, you know, with pitchforks going out saying, we don't want this to happen, what you've been using in the past. They're basically saying, we support what's been going on. It's — what's been here for a long time, we're in favor of that. I think you even heard support of the winery. But what does that entail? That's the — the buy right use. What does that look like? Is, I think the thing that is a concern is, it's not really defined uh, what the applicant wants. And because when we approved, I was part of the council that approved the winery. We thought it was a great — great thing. We, you know, we worked through it. And made it so that you could actually do wineries within — within the city. And I can tell you, one of the things that we just recently just said that we're — we're going to basically put a hold on future wineries because of the things that've happened with this — this use. I think that's one of the things that made us say, well maybe we need to look a little harder at what the restrictions should be or how we're gonna format this. I hear the community's still open to things that've been going on. Um, and what I've noticed in the emails that we've all seen that're in support. Most of those are really saying they're in support of an event facility. Concerts. The very things that I'm hearing the — the neighbors say they've got concerns on to them, the negative impact for them. Um, the other thing I guess that's a concern with — with the communication that I've seen, it's dividing our community. It's not pulling it together to make this be a great thing for the community. What I'm seeing is, people who are less impacted by — by the potential use are directly pitted against the local landowners who've lived there for a long time. And that's a concern for me Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 50 of 63 because we do try to represent everybody, including the landowner that's coming forward to — to basically give us — ask for what she would like to — to have. And we try to consider these things fairly. We look at them. We try to look at all sides. I think we do have a little bit of an issue because uh, and I saw the notice too basically saying that this item has been deferred. Not that the applicant has requested deferral and the council will actually be voting on it. It's basically, it was a foregone conclusion and don't — don't show up. We're gonna do it. So, now we don't have the other side of the people that would talk to hear their perspective. But I am very thankful that the — the local folks came out to actually tell us what they've been experiencing because you guys are the best arbiters of what is the experience. Um, you know, I'm sure people can come and go to the concert series and really enjoy it, but they're not the ones that're listening to the music and most directly impacted. I think it's gotta be something that we're both parties. Um, both the applicant as well as the neighbors have some type of compromise. So, Paula, just some - where you're at, if we have a hearing, because the applicant actually said, don't show up. We're not gonna hear any of the other side. It's gonna be very limited. Um, so I guess I'm still struggling with, there's not a good solution here tonight and if — if we do here the thing, then we're gonna have to go through and actually vet all the individual components of each of the requests. Uh, and I will say, I'm a — I support voting um, on the — I mean, I think it would be easy to vote on the withdrawal. That to me is pretty straight forward. That I know. Mayor Lockwood: Okay. Peyton. Mr. Jamison: Mayor um, [clears throat] I guess my main issue tonight is, the only reason why I am supporting a deferral is, I don't know what she's legally entitled to by — by right. And I'm worried that if it's an outright denial, what could be the long-term consequences, for the residents. Um, I think by the applicant knows what council is going in this direction and I think a deferral might be the best outcome for both parties. But I totally respect — I mean, I — a deferral is the last thing that I want — want to do and now we're talking, today's June 7th and I probably shouldn't — we should probably have that answer. What she is legally allowed to do by right. But we don't have it and I don't feel comfortable making a decision. Mayor Lockwood: Yeah. I would say — let me just and I'll give you another 1 1 1 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 51 of 63 opportunity. I — I echo pretty much what, you know, parts of what everybody's saying and — and in general. We're on the same page. Um, to Paton's point, that's been my biggest concern is, with an outright denial, what're the — what're the things that'll pop up that, even those that're supportive of denying that may sneak up on — on us and — and the citizens. So, to me, the reason I would support a deferral is the opportunity, I think even Councilmember Bentley said, that you know, if — if the neighbors can work together and if there can be a better outcome. If there's not, if there's not a compromise that comes, then we always have the opportunity to approve or deny. But this give us — gives an opportunity for the community and for the neighbors to possibly get a better outcome and for us to get a little bit more information. Mr. Jamison: You guys — sorry. Mayor Lockwood: Go ahead. Mr. Jamison: Um, I just wanted to bring this out there, and my assumption is, during this time, the applicant, her legal counsel is willing to restrict some of her buy right use. I mean, is that correct? Ms. Cookerly: Do we have any commitment? Mr. Jarrard: We have no commitme commitment I have heard That will not be, uh... Mayor Lockwood: Joe? it. Except I would say, the only is with respect to the Uncorked Series. Mr. Longoria: Well, the thing I was gonna point out is, we got three items that we need to vote on. One of them is for a withdrawal, so that — I think that's a no brainer because it has no impact if we vote to withdraw in support of the applicant's request to withdraw. That — there remains two other pieces of business. One is asking for variances, which no one is entitled to a variance. So — so, we can vote to deny that if we wanted to. The other is for rural event facility permit and that is the thing, I think Peyton, that you're getting to is, what rights come along with that and what is our understanding. So, that certainly should be the thing that we defer. But I don't know that we have to defer two things and approve the withdrawal. I think we could vote on one thing — actually, vote on two things and defer one. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 52 of 63 Mayor Lockwood: Ken, I'm gonna look to you on that. Mr. Jarrard: Well, if you're gonna — you're gonna take up Item No. 4, which is the agricultural activities, you need to go ahead and decide you're gonna do that, have the staff report and go ahead and open a public hearing. Um, that's what — that's the protocol we came up with this evening. That's the appropriate thing to do if that's what your objective is. Mr. Longoria: _ Is 4 somehow tied to 5? I — i — is there a reason to keep those two things together? From a deferral point of view? Ms. Bentley: Well, here's the way I see it and I don't know what the technical answer is. But this is 18 acres and we got - we've got a winery. And we've got an equestrian facility with 20 horses, okay? So, everything is conversion and there's no lines separating the use we've got a request for events, weddings. We've got a rural event facility. Or — or — or rural uses. So, I don't - I don't know if I can make these decisions on, you know, separately. And that's why I think council is so confused about what we — what we would be approving and what she would have a right to. That scares me because I don't know that I know that. And I don't want the neighbors to be disappointed in the decision. Ms. Cookerly: Can I just say one thing? I think that for those of you who have just come out and — and spoken and you certainly have been heard. The concern that we have, and I think I'm putting this maybe in a language -that might be very clear. Is whether the buy right um, we — we share concerns about noise. We share concerns about traffic and attendance. Um, those three things are at the gist of what you're concerned about. Those things can happen in a farm winery without necessarily a special event. And we wanna get a handle on that. Out of fairness to the neighbors that're very unhappy. So, while it may look to you that deferral is some sort of a dodge. We're very concerned about that in total. Okay? Not just on these one-time events or these sequenced events at — at parties, etcetera. But on a day-to-day basis. And that has to be told. Mayor Lockwood: And I wanna echo that, too. My support of deferral is in interest of — in main interest of the neighbors and to come to some kind of solution so that there's not a lot of something that, you know, again if it's buy right but then again, is worse than uh, than is anticipated. So, you know, definitely, I support deferral in order to try to work Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 53 of 63 out a — a better solution, not a — not a worse solution. Paul? Mr. Moore: Thanks, Joe. Um, and I — I can support some of what you just said from a — from the interest of making sure we're doing what's right for those who are most affected. And I also agree with um, Councilmember Jamison and his concern about what the buy right part looks like. And I wanna make sure that we're not conflating two issues. I don't have any confusion about whether or not I think it's okay to park cars within the 100 -foot setback. I don't have a problem understanding whether or not the horse arenas and the driveways can be within 100 -foot setback. You know what, that's real simple for me because that has nothing to do with the buy right use. Those are things that're already a — a request for a variance. I have no problem saying, you know what? No thank you to all those things. I have no problem with supporting the withdrawal. That's easy. Um, Councilmember Longoria spoke very eloquently to the fact that that's a no brainer. You know what, that's easy. The part where it's still confusing is, Councilmember Jamison's concern for the — the conflating of the two issues of the buy right winery use and the special event things that may go along with that. Not necessarily special event, but the kinds of events that may be measured as music or concerts, of some scale. Which, I don't know what that scale looks like. Because I don't understand yet what the buy right part of that looks like. So, I struggle with No. 5, the U2102. Uh, and I might be willing to support a deferral for that part. The rest of this is real easy for me. No thanks. Mayor Lockwood: Anybody else? You know, to be the most conservative and cautious. You know, we got that possibly splitting — splitting these and the one that the applicant — the applicant has asked to withdraw. But I will ask the question, if — if the council is willing or, and I know I support deferral on the other items. Is there any harm to just, you know, wait to vote on that when we have the whole — the — the hearing on everything? Uh, Ken is that — Mr. Jarrard: Of course, of course not. No, I mean I think that uh, you know the package, for all the reasons that some of you have stated knowing the totality of all the things on the table and all the things that could be potential concessions, may make the most sense to have it all wrapped up together. Um, you know, the reality is, is many of you have met with these constituents, as have I, many of the questions that've been raise tonight, we have discussed those with Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 54 of 63 them. Uh, there is always gonna be time to disagree. Um, but there may be a limited time to come up with an omnibus solution to some of these issues. And that is the concern of what has driven at least the way I have approached this. Um, and so, whether or not it is worth the additional time is gonna be up to the enlightened wisdom of the council. But my recommendation is, this additional time might yield some long-term dividends. You all know that. You all know that's my position. Mayor Lockwood: Okay. Joe? Mr. Longoria: All right. Can we make — can I make a motion then to um, defer um, Agenda Item No. 21-160? We're gonna do these one at a time Ken, is that correct? Mr. Jarrard: That is correct, Councilman. Mr. Longoria: Then I make motion to defer Agenda Item No. 21-160 to the July 17"' —19a' meeting. Oh, right. Mayor Lockwood: And hold on, before we have to say anything, I want to have time Mr. Longoria: Mr. Jamison: for comments, too. No, that's it. Second. Mayor Lockwood: Okay, so I have a motion and a second for deferral. Councilmember Longoria, second Councilmember Jameson. Now, I'll open up for discussion. Or questions on that. Ms. Bentley: I guess I'm trying to figure out where we're going with this. Are we — I'm concerned about the date of the deferral? That it's even longer than what I had hoped for. And the conditions of the deferral for the applicant. Mr. Longoria: So, I'm perfectly — if we can get it shorter, I'm all in favor of that but I don't know if [inaudible — crosstalk]. [Crosstalk] Mayor Lockwood: [Inaudible — crosstalk]. Mr. Jamison: I heard that was the preference of the date. [Crosstalk] 1 1 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 55 of 63 Mr. Jarrard: Well, if the council wants to defer it to the first meeting in July, that's July 7t', is it not? That Wednesday? Ms. Bentley: What about June 21 Sc? Mr. Jarrard: I'm afraid we're not gonna have time to readvertise. Ms. Bentley: Okay, that's an — that's an answer that I can accept. I — I just wanna, you know, prolonging this is my — my question. And I — I would love to hear the applicant um, what're we gonna do during the deferral period? Mr. Jarrard: All right. So, the — the thought would be that, if there is an interest by certain councilmembers. And if there is an interest by representatives by the applicant. And if there is an interest by stakeholders and neighbors who have a unique interest in — in this piece of property coming together and seeing if there's any opportunity for common ground and an omnibus solution to work out something that is perhaps a win for everyone. Uh, I suspect we would find that answer out fairly quickly. Uh, and if the answer is no, then we will have lost time. Ms. Bentley: So, fairly quickly as I agree with that and I'd — I'd love to — I mean, this is what's unfortunate about what happened tonight is, you know, that good faith intention on behalf of the applicant. Because a deferral comes with strings. And conditions. And then this council decides that. So, I um, you know, if we can't make June and I don't wanna do this during the week of July the 41'. Then we'll go with the date. But what about her — what about her activities? Now we're getting into, you know, 30 plus days. Mr. Jarrard: Councilmember Bentley, what — what — I would just, this is just me, is that if we're going into a deferral and we're going to go into this meeting with the residents and the applicant and their attorneys. You know, it's on Ms. Jackson and if — and you know, it probably won't help her cause during those meetings if she continues and the outcome might be worse. Mayor Lockwood: I would agree with that, yeah. Joe? Mr. Longoria: I'm gonna ask a question that maybe everybody else on the council understands the answer and I'm the only one that doesn't. Are there unlawful activities taking place right now? Is there anything that is non -conforming about the current property's use? Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 56 of 63 Mr. Jarrard: I think that's probably a question for me. Um, and I think that given where we are in this process, I would prefer to not answer that in this forum. But there are um, a variety of different answers to that question. Mr. Longoria: Well, it's important to understand because if what we're concerned about is the date for deferral because we don't want too much time to elapse. It — there's a — an implied, because we don't want more damage to occur. And so, that makes it sounds like something's going on that shouldn't be going on. Ms. Cookerly: Joe, I disagree with that. I think these people are out of patience and I — I think just in — in neighborhood consideration, we're just trying to come to a resolution for the angst and — and the discomfort and I don't know that that leads to... Mayor Lockwood: I think, you know, honestly, I think the 30 days would be a perfect timing. You have enough time but not too much. The problem is 30 days puts it in a - a vacation week which would not be fair to — to us and — and citizens. Uh, so I don't know that seven more days would, you know, is gonna be negative — impact it negatively. Um, I would say this to answer the question, I think what we hear the most, and I believe the neighbors the most concerned are concerts where they've had the two special event permits which, by our ordinance of code, you — you only get two. They've already had their two. So, would it be safe to say Ken, that over the next five weeks or whatever the time is, that that is — that would not be a concern? Mr. Jarrard: Representation has been made from me — to me, is that those will not occur. Not any longer. Mayor Lockwood: Rick? Mr. Moore: Yeah. Concerts will not — concerts — Mr. Jarrard: The uh, the so-called Uncorked Series. Mr. Mohrig: What — what I heard was, and again this is — and I'll talk about this. What I heard were residents being concerned, not just about the Uncorked, but also the ongoing, every weekend, the traffic — the traffic and the music and them still being able to hear even though it wasn't a special use permit. But that gets into the fuzzy area of okay, what — how are we Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 57 of 63 defining what's by right. That's the issue. And — and again, back to, you know, Peyton's comment is, it would behoove the applicant if in good faith, they really wanna try to work with the neighbors, then don't do things that you've heard are gonna be an issue. Or at least, tone it down so it's not as — not as big of an issue in the meantime, so that you can all try to work together. Mr. Longoria: I made a motion because I thought that was the logical choice that we were already willing to make. If — if people are not um, comfortable with deferring this until July the 17th — the 19th. Mr. Jarrard: 19th. Mr. Longoria: The 19th, then I'll withdraw my motion. Mr. Jamison: Well, I have a question. On Ken's point. If to Councilmember Bentley's point, June 21St, if we're deferring it. I mean, we're just like, that whole advertising thing, why um, I mean, does it go to the planning commission? It doesn't go to — it would just come back to us. So, could we defer it to June 21St? Mr. Longoria: I'm gonna want at least 15 days for legal ad[inaudible] [02:19:11]. Ms. Bentley: So, here — and I understand what you're saying uh, and so, for — for me to put — if — if we are going to try to allow some sort of holistic solution, omnibus, with the neighbors in good faith. I — I don't think that, you know, I think that pulling this all apart is not going to serve that purpose. If that's what we're trying to accomplish. Because this is one property with several different uses being applied to it. So, I would be not in favor of pulling things apart before that negotiation can take place. Mayor Lockwood: And I would agree and that's the reason I asked the question, you know, if — if we — Ms. Cookerly: So, we keep the two deferrals but grant them court withdrawal? Mayor Lockwood: The festival. Ms. Cookerly: They festival. Mayor Lockwood: What harm would it be if they were all — they were all deffered. Mr. Longoria: Okay. We can only vote on one at a time. I am voting — I made a motion to defer this to July the 19th. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 58 of 63 Mayor Lockwood: For the first one? Mr. Longoria: Correct. You have to vote on one at a time. [Crosstalk] Mayor Lockwood: Now motion is seconded and — [Crosstalk] Mr. Jamison: Yeah, one more question and you're probably gonna kill me. So, if we can't do it June 211, can we have a special meeting or is that just off the table? [Crosstalk] Ms. Cookerly: I'd be in favor of that. Mr. Longoria: I'd be willing to have a special meeting. Mr. Jamison: Ms. Bentley: Okay. Sooner the because — sooner — I believe that, you know [inaudible] [02:20:53]. Mr. Jarrard: It's what we signed up for. Mayor Lockwood: So, then a what? What would need to be — Mr. Jarrard: I wanna hear from staff about the legal ad. [Crosstalk] Mr. Longoria: That'd be the 28ths? Ms. Cookerly: Twenty eigth as far as legal. [Crosstalk] Mayor Lockwood: That'd be 15 days. Ms. Cookerly: It wouldn't be published until the 17th. Doesn't give you enough time. Mayor Lockwood: So, the 28th would not work? Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 59 of 63 Ms. Bentley: No, that's just — it's such a long time for the [inaudible] [02:21:43]. Ms. Cookerly: So again, one question, would the people who spoke tonight, would they be entered into the record the same way like, emails have been in the past? And not have to testify again? Mr. Jarrard: You mean at the next public hearing? Council could certainly recognize those comments and have — have them become part of the record. I think that would be in order. Mayor Lockwood: Yeah. And I — I wanna stress that because I've told people also that tonight, their comments count. They didn't waste their time coming here even if it is deferred. Mr. Longoria: It always counts. Mayor Lockwood: Yeah. Always — your presence counts. Your presence counts. All right, so right now I've got a motion and a second to defer this item until the 19th of July. Okay. Any more discussion? Mr. Moore: Yeah, just real quick. I don't know who brought it up, but whether or not the deferral comes with any other conditions like a mandate to meet with the community by that time. You know that there's — there needs to be an assembly of some kind of the property owner, the applicant and the interested members of the surrounding area. To suggest that there is some action to move this forward. Mr. Longoria: So, one of two things is gonna happen, okay? Either we're gonna convene on the 19'h of July or whatever date this winds up being on and vote on these things exactly the way they are today. Or people are gonna get in a room, figure out what really needs to happen and we're gonna wind up withdrawing these items, in favor of something else that makes more sense out of this whole situation. Mr. Moore: Yeah, I'm after that. But I'm not sure how that whole process gets facilitated. [Crosstalk] Mr. Longoria: I'm not worried about that getting facilitated. Either it happens or it doesn't. If it doesn't happen, we're gonna be voting on this the way it is. Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 60 of 63 Mr. Jarrard: Well, what I can tell you is the applicant has expressed a willingness to do this. Uh, however from a coordination standpoint, it's not gonna become coordinated until this occur. Because there was no knowledge of whether this would occur yet. So, if this occurs and there is in fat the additional time. The applicant will either do it or they won't. The neighborhood will either participate or they won't. Uh, and that will simply be a product of me working with various attorneys involved. Ms. Cookerly: I think the council has sent a very clear message where the burden is. Mayor Lockwood: Yeah, the burden would be, you know, again — Ms. Cookerly: Council's been very clear. Mayor Lockwood: [Inaudible] [02:24:20] here's the deadline. So, okay. So, I have a motion for a deferral, second. A motion from Councilmember Longoria. A second from Councilman Jameson. We've had discussion. All in favor, please say, aye. Councilmembers: Any opposed? Mr. Moore: Nay. Motion and Vote: A request for deferral to the July 19, 2021 Council Meeting was made on Agenda Item No. 21-160. Councilmember Longoria moved to accept the deferral of Agenda Item No. 21-160. Councilmember Jamison seconded the motion. The motion passed (6-1). Councilmember Moore opposed the motion. Mayor Lockwood: Okay, that passes six to one with Councilmember Moore opposing. All right. Let's, uh — Mr. Longoria: So, in a similar fashion — oh, we have to read out the — Mr. Jarrard: We don't have to resound it, but we are on No. 5 now, U21. Mr. Longoria: Right. So, I was just gonna make a similar motion to defer Agenda Item No. 21-161 for the same date as the other item that we just deferred. Mr. Mohrig: Second — second. Mayor Lockwood: Okay, I have a motion for deferral from Councilmember Longoria. A second from Councilmember Mohrig. Any discussion? Hearing none, all in favor, please say, aye. 1 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 61 of 63 Councilmembers: Aye. Mayor Lockwood: [Inaudible] [02:25:28]. Ms. Bentley: Opposed. Mayor Lockwood: Those opposed? Okay. That looks like it passes — it passes but Councilmember Moore and Bentley in opposition. Okay. Motion and Vote: A request for deferral to the July 19, 2021 Council Meeting was made on Agenda Item No. 21-161. Councilmember Longoria moved to accept the deferral of Agenda Item No. 21-161. Councilmember Mohrig seconded the motion. The motion passed (5-2). Councilmember Moore and Councilmember Bentley opposed the motion. [Crosstalk] Mr. Longoria: All right, on to Item No. 6. I move that we uh, withdraw agenda Item No. 21-182. Mr. Jarrard: May I respectfully just — we accept the withdrawal of — Mr. Longoria: Correct. We accept the withdrawal. Mayor Lockwood: And do we need any kind of presentation from staff on that? Okay. Okay. So — Mr. Mohrig: Second. Mayor Lockwood: All right, I have a motion from Councilmember Longoria with a second from Councilmember Morg to approve the withdrawal of this item. Any — any discussion? All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: A withdrawal request was made. Councilmember Longoria moved to accept the withdrawal of Agenda Item No. 21-162. Councilmember Mohrig seconded the motion. The motion passed (7-0). Mayor Lockwood: Any opposed? Okay, that passes unanimous. Um, let's see. Looks like that may be — may be the end of our agenda. I do wanna personally thank everybody, no matter which side you're on for Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 62 of 63 being here tonight because I think we stated, every — everything that we discussed tonight is of value. Comments are value, opinions are value. We're only hoping for a better outcome, if that's possible. If it — if it's not, we — we can make — we will make our decision on the 19''. So uh, thank you very much. All right. Um, anything council had to report on? We are good? I'll uh — go ahead, Paul. Mr. Moore: Um, on um, May 21s'. Um, Councilmembers Bentley uh, Jamison and — and I participated in a Fulton Academy um, student speech um, event. There were uh, 16 bright, young um, students that gave, um ...couple minute speeches on a variety of very topical, global um, uh, topics. And uh, they were ex — extraordinary um, speeches and I applaud, I don't remember the teacher's name. Do you remember? Motion and Vote: Councilmember Mohrig moved to adjourn the meeting at 8:29 pm. Councilmember Moore seconded the motion. The motion passed (7-0). Mayor Lockwood: Unanimous. Thank you. 1 But it was uh, it was an event that uh, we participated in last year. And uh, if you ever get a chance to participate in the future, it was very rewarding and I applaud all those um, students for their — for their uh, level of preparation, the quality of their presentations and the um, time and effort they put into it. It was just a very — very uh, rewarding event. Mayor Lockwood: Okay. Thank you. All right, I'll open up for a motion for adjournment. Mr. Mohrig: Motion to adjourn. Mr. Longoria: Second. Mayor Lockwood: I have a motion from Councilmember Morg and a second from Councilmember Longoria to adjourn. All in favor, please say, aye. Councilmembers: Aye. Motion and Vote: Councilmember Mohrig moved to adjourn the meeting at 8:29 pm. Councilmember Moore seconded the motion. The motion passed (7-0). Mayor Lockwood: Unanimous. Thank you. 1 Regular Meeting of the Milton City Council Monday, June 7, 2021 Page 63 of 63 Date Approved: July 19, 2021 1 1 Joe Lock4qd, A ayor