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Home My WebLink AboutMinutes - CC - 08/02/20211 1 1 Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 1 of 59 CALL TO ORDER Mayor Lockwood: Thank you very much. Okay, I'd like to call the regular meeting of the Milton City Council for Monday, August 2"a, 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 clerk as soon as possible, to my right. While the Milton rules allow a speaker to turn in their comment cards up until the clerk calls the agenda item, once the agenda item is called, no more.comment cards can be accepted. Will the city clerk please call roll and make general announcement? ROLL CALL City Clerk: Good evening, Mayor and Council. I'll be happy to call roll for the August 2"a, 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 the public comment card prior to speaking on the item. Your comment card must be presented to the city clerk prior to the agenda item being called. All speakers, please identify yourself by name, address and organization before beginning your comment. If you are representing an organization, an affidavit is required stating you have the authority to speak on behalf of that organization. Please review tonight's agenda and if you would like to make a comment, please bring your comment card to me now. Demonstration of any sort within the chamber is prohibited. Please refrain from any applause, cheering, booing, outbursts, or dialogue with any person speaking. Anyone in violation will be asked to leave. As I call roll this evening, please confirm your attendance. Mayor Joe 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, August 2, 2021 Page 2 of 59 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 Joe 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 (Led by Mayor Joe Lockwood) 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: Again, I wanna welcome everybody here tonight. And I'm gonna ask the City Clerk to please sound the next item on our agenda. City Clerk: Thank you, Mayor. That item is, Approval of Meeting Agenda, Agenda Item No. 21-216. Mayor? Mayor Lockwood: Okay. I'd like to move and uh, unfinished business item and the new business item to uh, proceed Reports and Presentations. And is there anything else on the agenda? Anybody like to discuss — Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 3 of 59 okay. I'll open up for a motion. Ms. Bentley: Mayor, I'd like to make a motion to approve the agenda with the suggested amendments. Mr. Mohrig: Second. Mayor Lockwood: Okay, I have a motion from Councilmember Bentley and a second from Councilmember Mohrig. 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 Unfinished Business and New Business items to proceed Reports & Presentations. Councilmember Mohrig seconded the motion. The motion passed (7-0). PUBLIC COMMENT Mayor Lockwood: That's unanimous. Okay. The next item is public comment. Uh, general — next item, general public comment. Public comment is a time to share — 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 tonight's meeting. Each citizen who chooses to participate in public comment must complete a comment card and submit it to the city clerk prior to the agenda item being called. Please remember, this is not a time to engage the mayor or members of city council in conversation. When your name is called, please come forward and speak into the microphone stating your name and address for the record. You'll have five minutes for a remark. The City encourages you to review the agenda for tonight and if you wish to speak, to bring your comment card to the clerk right now. And I will ask, is there any general public comment? City Clerk: Mayor, I do not have — wait a minute, just make sure. I do not have any general public comment. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 4 of 59 CONSENT AGENDA Mayor Lockwood: Okay, all right. Then we'll move on to the Consent Agenda. City Clerk::, Mayor, that first item is, Approval of the July 7t`, 2021, City Council Meeting Minutes. Agenda Item 21-217. Our next item, Approval of a Services Agreement between City of Milton and Network Cabling Infrastructures, LLC for the Low Voltage Data Cabling Installation in the Court Chamber. Agenda Item No. 21-218. Our third item, Approval of an agenda — I'm sorry, Approval of an Agreement between the City of Milton and Premier Events Regarding Event Logistics Management for Crabapple Fest. It's Agenda Item No. 21-219. Our next item, Approval of a Construction Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for the Purchase and Installation of a Natural Gas Generator and Automatic Transfer Switch at City Hall. Agenda Item No. 21-220. Our fifth item, Approval of a Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Providence Park ADA Trail, Boardwalk, and Pier. Agenda Item No. 21-221. Our sixth item, Approval of a Task Order for BM&K, P.C. to Provide Construction and Inspection Services for the Hopewell Road and Bethany Bend/Bethany Way Intersection Improvements. It's Agenda Item No. 21-222. Our next item, Approval of a Task Order for BM&K, P.C. to Provide Construction and Inspection Services for the Former Milton Country Club Trail Construction and Cart Path Removal. It's Agenda Item No. 21-223. Our next item, Approval of a Task Order for BM&K, P.C. to Provide Pre -Construction Services for the Birmingham Road Middle Bridge Design. Agenda Item No. 21-224. Our ninth item, Approval of a Construction Services Agreement between the City of Milton and Pencor, LLC for the Renovation of the Clubhouse at the Former Milton Country Club. Agenda Item No. 21— 225. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 5 of 59 Our next item, Approval of the Subdivision Plats and Revisions. The first development is The Homestead Milton on Hopewell Road. It's Land Lot 543 through 547 and 606 through 609 and 617 through 618. It's District 2, Section 2. It is a minor plat to create 32 large lots ranging in size from 3.04 acres to 10.33 acres. It is a total of 172.8 acres with a density of 0.19 lots per acre. Our second development is Providence Manor on New Providence Road. It's Land Lot 1067. It's District 2, Section 2. It is a minor plat, subdividing one parcel into three tracts. It's a total of 3 acres with one lot density. This is Agenda Item No. 21-226. Mayor? Mayor Lockwood: Okay. Do I have a motion on the Consent Agenda? Mr. Longoria: Mayor, I move that we approve the consent agenda as read. Mr. Moore: Second. Mayor Lockwood: Okay, I have a motion from Councilmember Longoria with a second from Councilmember Moore for approval of the consent agenda as read. All in favor, please say aye. Councilmembers: Ave. Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda as read. Councilmember Moore 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. Will the City Clerk please sound the first item? City Clerk: Thank you, Mayor. That first item is a Proclamation Recognizing the Milton Mustang Swim Team. Mayor Lockwood. Mayor Lockwood: Okay. Always a pleasure to present these proclamations, so thank you guys for being here. And this is a Proclamation recognizing the 2021 Milton Mustangs Swim Team. And I'm gonna read this Proclamation first and then I would ask those here tonight to step forward, we will present the Proclamation. Whereas, the Milton Mustang Swim Team has been training and competing out of the city pool since the summer of 2018. Soon Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 6 of 59 after the City purchased the former Milton Country Club. And whereas, the program has grown significantly — significantly since its inception, from 87 swimmers in the first year to over 200 this past season. And whereas, these scores of young athletes between the ages of 5 and 18 develop skills, stamina and character as members of the Mustangs team. And whereas, their success and growth is made possible by adults who help run the program lead by the Milton residents, Beth Wilson and Stephanie Mynatt. And who have been volunteer organization — organizers from the beginning. And whereas, Milton Mustangs Team went undefeated this summer, winning all five of their meets to become 2021 dual meet division champions. And whereas, swimmers broke 24 individual event records in a 10 -relay record — and 10 relay records for the Mustangs Program during the 2021 season. And whereas, the Milton Mustangs had 33 individuals and relay participants in the divisional meet at the Georgia Tech Aquatic Center, finishing in the top 10 among 44 teams. And now, therefore, we the Mayor and City Council of the City of Milton hereby recognize and honor the 2021 Milton Mustangs Swim Team and congratulate them on their hard work and achievement. And this is given under our hand and the Seal of the City of Milton, Georgia on the second day of August 2021. And I just gotta say, how proud we are of uh, the Milton Mustangs. Um, if you guys that are representing Milton Mustangs would step forward, I'm gonna present the proclamation. [Applause] Mr. Longoria: Don't be bashful, guys. Come on up. Ms. Bentley: We need to build a trophy cabinet over there. Mayor Lockwood: All right. Congratulations. [Applause] And you guys are welcome to leave unless you wanna sit through a few more hours. [Laughs] Okay. We'll uh, move on to our Reports and Presentations. If — Tammy, if you'll sound the final item. City Clerk: That item is Presentation on the Draft Capital Improvements Element 2021 Annual Update. Mr. Bob Buscemi. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 7 of 59 Mr. Ross: Hi, I'm Bill Ross, President of Ross Associates. I thought Bob was gonna come up and talk first. But okay. Oh — oh, oh. There he is, I was looking back there. Um, being an annual update report, this means you've seen them every year. Uh, they're required by the uh, State Department of Community Affairs for any community that has impact fees [cough] and the report uh, has two elements. A financial report based on the last fiscal year, so that ended uh, last September. Uh, and that financial report was, what did you collect, what did you do with it, how much is left over, etcetera. Um, the second part is an update to the so-called community work program. Now, the financial report is looking backwards to the last fiscal year. The community work program is actually looking forward to what projects are anticipated to be undertaken in the coming five years. So, that of course is a drop last year and we add future year to keep the five years going. Um, besides that, you're in good shape. I should introduce Paige Hadley. Paige has been working hard, she made me speak, but she's been working hard on these reports and the staff. And as you probably know also, pretty soon, we're gonna start updating the entire uh, impact fee program. And that ' will start fairly — fairly soon. Do you have any questions? Please, fire away. Mayor Lockwood: Any questions? Mr. Ross: That was easy. Thank you. UNFINISHED BUSINESS Mayor Lockwood: Thank you. Okay. We'll move on to the uh, moved agenda items. Tammy, if you'll please call those out. City Clerk: Mayor, that item is Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct the 2021 Election. It's Agenda Item 21-200. Mr. Ken Jarrard. Mr. Jarrard: Mr. Mayor and members of the Council, I'm gonna let uh, the IGA itself is the same as the terms that were the last time, we — we talked about it at the last meeting. I believe in the interim, based upon the public comment we received, as well as the direction of the Council and the comment the Council had, I know that you all have expedited look into uh, options. I believe the City Manager is prepared to offer you some guidance. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 8 of 59 Mr. Krokoff. Thank you, Ken. Good evening Mayor and Council. At the July 19'', 2021, Council Meeting, the Mayor and Council considered an ordinance authorizing Fulton County to conduct Milton's Municipal Election for the November 2021 General Election. The item was deferred two weeks to the August 2021 meeting with the direction by Council to staff to conduct feasibility study to conduct its own municipal election for the November 2021 General "Election. The three main areas of concern included election integrity, cost and; feasibility. While the most important uh, of the three is likely election integrity, that topic was beyond staff's ability to analyze and therefore, not included in our study. Further, while a significant amount of research was conducted by staff in cooperation with members of the community and the Secretary of State's Office, two weeks allowed for only limited review of a rather complex topic. With the help of members of the community, staff got a jump on the cost analysis. Past analysis focused on the November General Election and did not account for costs associated with a possible runoff. Based upon a worst-case scenario, our first-year costs were estimated at $120,557. Which included the cost for a full compliment of paper ballots and the purchase of 7 ballot boxes at $6,000 each. It is possible the City does not require the full compliment of ballots. But the last five years indicate a wide range of voter turnout, with two years exceeding 20,000. One of this — one of which was not a presidential election. We cannot risk running out of ballots. We may also be able to lease or borrow ballot boxes, but we cannot confirm the availability for borrowing, renting or even purchasing them in a short timeframe. The stated cost of the agreement with Fulton County for the general election would be 84,671, leaving a gap of roughly $35,886. Assuming that the assessment correctly identified all costs and we had purchased the ballot boxes, the City would not save year one. However, our break even may be in as little as five years. Please uh, I — I've forwarded you the analysis. Another issue identified regarding cost was the newly included no refund clause. And our ability to potentially — our ability to potentially negotiate fee. I can't tell you where the no refund clause came from, but I can report that it exists in all the North Fulton agreements at the same rate. It's $2.96 and $2.46 per registered voter for the general and runoff elections respectively. Historically, the County refunded the City for any excess fees on a Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 9 of 59 pro -rated basis effectively cutting the cost almost in half during the last odd year cycle. The uniformity of the contract manuals across the cities, coupled with the response that we got from Fulton County, leads me to believe that the rates are not negotiable. The feasibility assessment of managing our municipal election was a much heavier lift. Based on our research, nothing legally precludes us from administering our own election this November. However, the following are some of the opportunities and risks that we identified during our assessment. Opportunities included that we have an educated and engaged citizenry who appear eager to assist. Um, another is that voter turnout may be less than other — other years and provide us an opportunity to gain experience under uh, less voluminous circumstances. Some of the risks associated uh, would be, while we do admin — currently administer our own qualifying, absentee ballots can be applied for as early as August 16th. This would give — give staff just two weeks to learn all that is necessary to administer the absentee ballot, and for Tammy to obtain her election superintendent certification. Another risk is, staff is unsure if we can secure the legally required ballot boxes. Inquiries thus far, it point towards a supply issue. Another uh, risk is, the City can only administer — or concern is the City can only administer a municipal election, our local races. We have no authority to administer items such as TSPLOST, county, state or federal ballots. And that's currently, I believe that our senator is introducing a bill in the next uh, the next cycle. The City would like to use City Hall for early voting, creating two locations for Milton early voters. That creates the risk of losing — losing voters between two elec — between two locations. The City would have to secure polling locations for election day and we may or may not be able to collocate with the County. We risk encountering — encountering issues uh, with securing appropriate locations and a — again, possibly with losing voters between multiple sites. We would also have to enter into inter — intergovernmental agreements with the government on sites. Which takes significant time, resources and the risk of it not being improved. According to the secretary — Secretary of State's Office, should the City choose not to contract with the County, they can move the polling location to anywhere within the precinct. And finally, the City has no staff with municipal elections experience. Should the Council choose to move forward, consulting would be recommended and that is not figured into cost analysis. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 10 of 59 Thus, our recommendation um, the assessment completed over the past two weeks was a significant undertaking by both staff and community advisors. While we were able to ascertain answers to most of the pressing questions, an assessment such as this requires considerably more depth and analysis. The risk associated with election integrity, risks associated with election integrity are measurable, but beyond the scope of this assessment. However, the responsibility to administer a fair election in our democratic republic is a tremendous obligation. One that would now be ours. Consequently, the risks of administering our own municipal election for the upcoming November general election appear to outweigh the rewards. As such, staff recommends that we do not administer our own election — municipal election this November. Furthermore, it appears that statutorily, our only other choice is to contract with the County within — within which Milton is located. Therefore, staff recommends entering into the intergovernmental agreement with Fulton County. However, I would recommend that we appeal to our Fulton County elected officials to reconsider the no refunds clause and to return to pro -rated refund offered in previous election cycles. It is further recommended the Milton participates in the exploratory committee discussed at the North Fulton Municipal Association on July 29�", 2021 to comprehensively study the opportunities available with our North Fulton partner cities for future elections. Thank you. Mayor Lockwood: Okay. Um, I'll check and see. Do we have any public comment on this? City Clerk: We do, Mayor. Mayor Lockwood: Okay. City Clerk: Our first one I will read into the uh, record. It is from Kevin Muldowney at 3325 Kenworth Lane. Milton should have control of their elections for financial, as well as voter integrity reasons. Fulton has done a dismal job in the past. I'd like to next invite Ms. Lisa Cauley to the podium. Ms. Cauley: My name is Lisa Cauley; I live at 14680 Freemanville Road in Milton. The IGA between the cities in Fulton County this year do not include reimbursement. Why? I don't know. I have no idea. Why historically have the cities been receiving money back after the election based on actual costs, and now we don't. If Milton agrees to the IGA with Fulton, we will spend 84,761 on an election Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 11 of 59 which will be conducted exactly the same, pretty much, as the 2019 election. The 2019 election cost the City under 42,000. If we have a runoff this year, it's gonna cost us another — another 70,000. I'm interested to know, specifically, how an election run exactly the same way, with the same polling locations, and same staffing and pretty much the same voter turnout is going to cost the May — the Milton taxpayer double what it did in 2019. It doesn't make any sense. Polling locations do not need more staffing than what is normal for this municipal election. Due to the fat — flat fee increase, how can we agree to this IGA with Fulton to run our election in November? What justification has Fulton provided in detail for the flat fee increase in this year's IGA? I believe the City can conduct our own municipal election this November for tens of thousands of dollars less. We have prior Fulton County poll managers and volunteers who are ready to assist Milton now to run our own election. We have a list of volunteers already signed up to work the elections in Fulton. The list can be provided to the City. This is a list that's been worked on for over two months. These people are — are willing to work Ful — the Fulton County, you know, in Fulton County for the upcoming elections. Ballot boxes can be purchased rather easily through a website or through uh, Amazon. Locked boxes. Um, the polling locations are already set. They're the same locations as previously, so there's no mystery in securing the polling locations. And we do know for a fact, that we can share the polling locations with Fulton County. So, we can have voters come in and vote using paper ballots and then circle through the early voting location and vote for TSPLOST. That — that's proven. That's the fact. As far as communicating with the residents and the change of the process, the only change is, we're doing it now and we're using paper ballots. You know, where we're voting and everything else remains the same. It wasn't that long ago when this is how we all voted. We're not recreating the wheel. This year's flat fee with no reimbursement, should be reason enough for the City to move forward to run our own election. How will it be explained to the taxpayer that this small election in November is going to cost us double what it did in 2019. The risk exposure in my opinion is low, considering the fee increase from Fulton County. We are actually giving the Fulton County Board of Elections over another 40,000 to do the same job they did in 2019. Therefore, I'm asking the City to not enter into the IGA today with Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 12 of 59 Fulton. And instead, conduct our own election this November. And I would also like the City to get the detail from Fulton as to how are they justifying doubling the fee. It makes no sense. When we have 3,000 on average showing up to vote every muni — municipal election. It just doesn't make sense and I'd like to have those answers. Thank you. Mayor Lockwood: Thank you. Okay, do we have anymore — City Clerk: Next, we'd like to invite Karen Dubin to the podium. Ms. Dubin: Karen Dubin. 200 Davis Glenn Court. Um, I'm only gonna uh, basically discuss some of, I think the risks, that you feel that are important for running this election. Uh, I think one of them happens to be the ballots. Ballots will be um, or the company that's doing it is Tettenell. They're the only ones in the state that will have the water seal marked paper. So, the ballots can be purchased from them. The quote that J got today was, $.40 a ballot. And the ballots could be um, they need to be here in the City 21 days ahead. So, those ballots would be the provisional ballots, absentee ballot, and the ballot to vote for voting day. Election day. Um, the oth — there's another one hear about the ballot boxes. Ballot boxes, we can either purchase or we can basically get one from Fulton County. I don't know if anybody wants to go, you know, down there. But they have extra 38 ballot boxes from the last election. So, that's not a big issue. And then, I hear that about the co -sharing of the room in the library. Um, if — I have looked it up and it's in the Georgia code, there is not a problem sharing the library. So, on one side of the room, you would have people doing the paper ballots. And the other side of the room would be for the Fulton County, for the tax bill. So, there's no problem sharing the room. It wouldn't be a real confusion for people. I mean it's in the same room. Uh, the only other thing um, that I have to say is, I guess, basically is the cost. I mean, I don't understand like Lisa said, why we're being charged, the cost that we're, you know, being charged and we're not getting a rebate, or reimbursement back. I mean, all of you should know the way Fulton County is. I mean, I can't get any answers from them. The last thing I wanna say is, in doing the paper ballots, you need the voter rolls. So, in talking to two other, the cities, that provided, did the paper ballots. They have requested early voter rolls early. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 13 of 59 Because the early voter roll — the voter rolls are used to check in people when they come in the door with the — with their license, that you check them off, that you know that they voted. So, without the voter rolls, you can't do paper ballots. So, I'm asking the City to please think about doing the election. I know it's — it's a small one and we're not asking you to do any other election in the next year. We're just looking into doing this one. So, please consider it. Thank you. Mayor Lockwood: Okay. Thank you. Tammy. do we have any more public comments? City Clerk: We do, Mayor. I'd like to next invite Ms. Cynthia Qualtire to the podium, please. Ms. Qualtire: Good evening. My name is Cindy Qualtire, and I live at 350 Majestic Cove in Milton. Thank you for allowing me to provide public comment for a second time. Voter integrity is at the heart of our democracy. Fulton County and their contractor, Happy Faces, this contract was recently renewed by the Fulton County Commissioners has a proven track record of sloppy and irresponsible management of elections. Why would we consider using them? I do not want my City of Milton tax dollars wasted on an inept organization that is in the process of being reviewed by the state legislature for poor performance and mismanagement. As I said in my previous City Council meeting, my personal vote was taken from me by Fulton County during the presidential election. I hold a voter ID card, but I no longer appear on the voter rolls. The citizens of Milton deserve better for our tax dollars. I urge each City Councilmember to vote no against using Fulton County Board of Elections for our municipal elections. Thank you. Mayor Lockwood: Thank you. City Clerk: Next, Ms. Kathleen Kenworthy. Okay, it didn't — okay. I'll read it for you. Uh, located at 3505 Peacock Road. I support Milton running our own elections. I suggest changing Fulton — charging Fulton County for T-SPLOST election. Thank you. City Clerk: And our final uh, public comment on this item is Mr. Eric Edstrom. I invite you to the podium. 1 Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 14 of 59 Mr. Edstrom: Good evening. Thank you for the opportunity. Eric Edstrom. 120 Stone Orchard Court. My comments are pretty brief and simple. The prior speaker spoke about the difference in cost. That's pretty — it's a $40,000 difference. My prior speakers also embellished, with respect to other solutions, including paper balloting, etcetera. As well as also the history in terms of the use of paper ballots in prior elections. Couple things I'd like to —just to highlight that will perhaps differentiate my commentary from the former — the other citizens. First is, lack of control. We've already heard Fulton County is under investigation ad nauseam. We all know or believe we know, that there's been some, I'll politely call it missteps by Fulton County, just to be civil. Paper ballots are certainly & solution. For 243 years -most of this country has engaged in paper balloting. Pretty simple process to me. Absentee ballots. It certainly has been an exercise of futility in a lot of respects with respect to Fulton County. In terms of ' measuring, monitoring, tracking effectively, even absentee ballots. That's a risk to allow Fulton County to continue to do that. Lastly, one thing that we have not spoken of, is that the governor signed into law, most recently, a variety of new voting regulations. So, I just wanna make sure that whatever direction we go in, and my recommendation is certainly to have Milton do it themselves, is to make sure we have strict alignment with those new voting regulations and laws that [clears throat] were re — recently enacted. Other things that were mentioned briefly during the reading, and I just took a note on this. In terms in terms of staff knowledge and some other risks associated with that. I think that staff knowledge has been really dispelled by the prior speakers. Relative to other elections that were also conducted by Mil — Milton. Using paper balloting, certainly uh, there is justifiable, and a history associated with good quality paper balloting and success in the outcome of those elections during that timeframe. So, I think we could dispel that. Some of the other things I would just like to put into the record with respect to this conversation [clears throat] would be — it's pretty simple. One vote, one-person, single piece of identification. Pretty simple. Last thing I'd like to talk about, and probably this is not the right forum for is, but I'm gonna bring it up an — anyway. Milton used to be its own county. At some point, we probably need to look at that again. Certainly, it's a state legislative issue and I'll table that because I know that's outside of the sphere of this 1 Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 15 of 59 conversation. But none the less, we should probably address that as part of the record in the future. The point is, I think Milton has the ability, the quality of staffers, in addition to legions of volunteers from both parties. Right? The primary two parties that're out there, that will help support the election process. I think paper balloting speaks for itself. There's a vast amount of integrity issues currently with the Ful — Fulton County process. City Clerk: One minute warning. Mr. Edstrom: Thank you. Fulton County process that remain yet to be satisfied by the voters, as well as probably you, as folks implementing this opportunity. With that, I urge you to vote against using Fulton County. Thank you, have a good evening. Mayor Lockwood: Thank you. Did you say that's the final — City Clerk: That concludes. Mayor Lockwood: Okay. Um, I'll open up for — I'll be glad to make a statement first. First um, even like one of the first speakers that you read. I totally agree that it's not only the financial aspect, but also voter integrity. Uh, and uh, professional management of the election I think is very important. And so, I — I totally, as I've said before, support um, working towards um, us being in control of the elections. That being said. I'm not, if we were talking about this in January and uh, I wanna commend um, a couple of folks who spoke tonight um, that uh, are willing to — to help out in uh, Karen and Lisa. Thank you very much. And like I told them, I'm just, you know, if — if we'd had more time. But uh, I just don't uh, my concern would be trying to branch off and do something right now. Um, this close might not be good. I've talked — I've talked to our legislators. I know all the North Fulton city mayors are talking about, you know, getting together and looking at it for next year and all that when we have some time to make sure that we do it right. So um, that being said, that's just — that's my position on this but uh, again, I — I certainly think it's very, very important um, and I commend and — and uh, thank Ms. Dubin and Cauley for your — your uh, willingness to help out and all the other volunteers, as well as those that have spoken tonight. I totally agree with you. So. Ms. Cookerly: I have a comment. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 16 of 59 Mayor Lockwood: Go ahead, Carol. Ms. Cookerly: I think this is um, a slam dunk for the future, for the long term. And I would like to say that uh, I have big concerns because we've also had conversations about everything else that is involved. So, I have strong concerns that this can be done at the level that we would like to do things in this first go around. So, I would not be in favor of that. However, I don't wanna get into analysis paralysis with a whole bunch of um, other city councils and try to go as a block. So, I think at the very least, we stay on our own path so that the next election, we are in control because I think it's been very eloquently stated we need that control to ensure at least that this uh, this little village has very fair and honest elections. Mayor Lockwood: Yeah. I also wanna add that I am certainly uh, committed to digging in and uh, pushing Fulton County to see where the increase was and why we're not being rebated our uh, anything over the true cost. Anybody else? Peyton? Mr. Jamison: Yeah, I — I think this is a great opportunity for us to send a message to Fulton County that this, in my opinion, will be the last election that they do. In my opinion, when um, we don't get the rebate that we've been receiving every other election uh, that's disturbing to me. And I think uh, we will have two years to determine what the best course of running our own municipal elections are. And I think Milton needs to set an example of how to do things right. And I think we're very good at that. So, I'm looking forward to the '23 election that we host. Mayor Lockwood: Paul? Mr. Moore: Yeah, thanks Joe. Um, I'll just echo what — what my fellow councilmen have — have said, and that is that I think it's extraordinary that Fulton County once again is basically just trying to force an issue here with no negotiation. The fact that there is no refund uh, the no negotiation clause. It's just extraordinary to me that they continued to put the screws to those who are supposed to be served by them. And yet, they make it as if it's uh, you know, a kingdom and we're the — we're the peasants, uh — uh, bowing to the king. And I just uh, I think it's — it can't get here fast enough, where we take control of our own elections. I think that there's good fiscal reason for us to take consideration to that. I don't recall who said it, Peyton or Carol, but I — I don't necessarily want to worry about Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 17 of 59 following the other cities up here. I think Milton is capable of setting our own path and I encourage us to do so to ensure that we can take the next step as soon as possible. Mayor Lockwood: Rick? Joe? Mr. Longoria: Well, I was gonna say ditto on all the other comments. I think that uh, Fulton County, I can't imagine a world where running a world where running elections is a high priority to a county operation. I think it's something they do, and they do it because they have to do it. But I think their behavior is proving, they're trying to incent us to go someplace else and nobody has taken the bait yet. So, next year, hopefully we'll have time to put everything in place, get the ball rolling and like Peyton said uh, manage our own. So, I'm looking forward to that. Mayor Lockwood: Okay, Rick. Mr. Mohrig: Yeah. Spent a lot of time on this the last few weeks. I've got a concern, especially with the lack of a true up. We're all Fulton County taxpayers. So, this is the same county that we've already paid taxes to, yet they're going to basically put a surcharge, and charge us extra money on the front end. Um, if you look back at past uh, past elections and we have, you look at the true up or the cost rebate that they give back to us, they've always done that. Why they're not doing it this time uh, I have talked to our Fulton County Commissioner, who directed me to go to the Director of Elections, which I've placed a call there to understand, what's the breakdown of the cost of $2.96 per registered voter. Not voters, they have to staff so they can actually handle all the voters. But that — that cost, what does — what does that comprise? What's made up in it. So uh, I don't understand why we're getting charged by our county, a surcharge which is going directly to the county coffers. Not — has nothing to do with benefitting Milton residents. That's a concern that I personally have. Um, if we do not, and it sounds like we're moving in the direction of approving Fulton County. I think we need to continue to push. I've got calls out, I would ask that the City Manager and staff work with us to try to actually pursue getting, number one getting underneath the numbers. And I don't really care what other cities are doing for this. I think we in — in Milton need to get underneath the cost. Understand exactly what it is that they're appropriating or charging us the Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 18 of 59 $2.96 per person plus if we ever had a runoff, you know, another $2.46 per uh, registered voter. Uh, I just think it's time to do that. I think we still need to fight. Maybe we won't get it, but at least we go on record and we're gonna try. The other thing which, I floated out there and asked a couple people from the county is, they're gonna be setting up these machines. Let's say we use Fulton County for our elections. They're gonna be setting up the Dominion machines, even if we're using them, for the TSPLOST. The countywide referendum. Uh, one of the things that I asked our commissioner is, why aren't we doing cost sharing? If we end up using it, it should be cost neutral. We shouldn't be charged extra. Understand, maybe you — you charged us extra at the beginning. But after the election is done, you're gonna know what your actual costs are. We should only be charged what the cost was. And furthermore, I think we should in fact do cost sharing because the TSPLOST is not — that's — that's a countywide issue. Fulton County is gonna have to stand that up and — and bring those machines in to do that whether we did our election locally or whether or not uh, we're doing it through Fulton County. Those are my — my comments. And I would ask, if we — we approve this uh, Fulton County, we continue to — the IGA, we continue to work and try to get a better term on this. And then also, let's not wait until two years from now, let's start looking at how we're gonna do this ourselves, get moving on that sooner, rather than later. Mayor Lockwood: Okay. Ms. Bentley: Just a quick comment on that. I — I totally support an audit of the whatever the IGA and — and I'd be interested to know the timeframes, too. When we received it, when we, we considered it. Um, so that we do have um, full information, even more than what you provided. I'd also like to uh, thank the citizens that have worked on this to bring this to our attention. Mayor Lockwood: Okay. Anymore questions or comments? Then I'll open this item up for a motion. Ms. Bentley: Mayor, I'd like to make a motion to approve Agenda Item No. 21- 200. Mr. Jamison: Second. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 19 of 59 Mayor Lockwood: Okay, I have a motion of approval from Councilmember Bentley with a second from Councilmember Jamison. All in favor, please say aye. Councilmembers: Aye. Mayor Lockwood: Any opposed? Mr. Mohrig: Nay. Mr. Moore: Nay. Mayor Lockwood: Okay, that's one, two, three, four, five to two with Councilmember Mohrig and — and Moore uh, denying. Okay. We can move on to our New Business item. NEW BUSINESS City Clerk: That next item is Consideration of a Resolution to Transmit the Draft City of Milton Comprehensive Plan 2040 to the Atlanta Regional Commission, known as the ARC, and Georgia Department of Community Affairs, the DCA. It's Agenda Item No. 21-228. Ms. Laura Richter. Ms. Richter: All right, good evening, Mayor and Council. My name is Laura Richter, I've been your lead consultant from TSW helping you navigate the comprehensive plan for the past year. Uh, just wanna give you a quick update. We completed our 30 -day public comment period um, ending on the 26h of July. Um, and uh, we reviewed the comments. Myself, Bob, Tracie and Jackie. Um, we are now moving to the transmittal phase. Uh, we hope to send that off tomorrow um, to start the 35 -day review period, by both the Atlanta Regional Commission and the Department of Community Affairs. Um, once that period is over, we will review their comments, incorporate them into the document um, and plan for an adoption, I believe on October 18"' by law. I will come back and speak to you then. Uh, and that is all I have for you tonight. Mayor Lockwood: Okay, any questions? Paul? Mr. Moore: Um, Laura I just had an I I' hour um, update from uh, one of our um, citizens regarding uh, she'd looked at the maps that we were Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 20 of 59 including, and she didn't take any exception with what we were putting forward. I think it's great work. Uh, nice job by you and the — the team to pull together what is gonna be our recommendation um, to continue to create a great place to be uh, live, work and play here in Milton. But in particular um, the constituent pointed out to me that Day Road on the map is not showing the proper length. And it's — I know that's gonna be a critical play in terms of some of the — that particular property is for sale. And because that's important — it's a dirt road, a gravel road. It's gonna be important that it be reflected properly in all of our maps. So, I don't — I'm — I'm only taking it on the recommendation of the constituent, I didn't have a chance to research it myself. If that could please be looked into prior to the submission, just to ensure that its property reflected. Ms. Richter: Sure. Absolutely. I'll review — Mr. Moore: And we know why. It's because dirt road, 3 -acre minimums. Uh, the preservation of rural Milton. Those are all the important things that we need to make sure we're taking a look at. But terrific work. And — and Jackie uh, I know that you uh, didn't take all the credit the other day for what was done. Thank you for sharing the credit to uh, between you and Laura. So, great work. Ms. Richter: Thank you. I appreciate it. Ms. Bentley: Just a quick comment uh, as well. Um, I know that you addressed um, a flurry of public input as a result. So, thank you very much for your timeliness on that. Um, and I'd like to just remind the Council and the citizens that the comp plan um, has a work plan associated with it. So, there's words and there's a work plan and every item on the work plan comes with — back before us for the detailed um, uh, budget process um, and details. So um, it's there and it — we just need to get to work on it. And so thank you. Mayor Lockwood: I would ask, do we have any public comment, Tammy? City Clerk: Not on this item, Mayor. No. Mayor Lockwood: Okay. Rick. Mr. Mohrig: Yeah, just to echo what the other two Council people did. I appreciate what you've done. I also appreciate all the volunteer Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 21 of 59 work from our community and its citizens that — that spent a lot of time, put a lot of effort. I think this, we've done well in the past. I think this is probably our best one. And I also wanna thank um, both Paul Moore and Laura Bentley for sitting on that and taking their time [inaudible] [00:50:12]. So, thank you. Ms. Richter: You're welcome. Mayor Lockwood: All right. Okay. Ms. Richter: Great. Thanks. Mayor Lockwood: Thank you. So I'll uh, there's no public comment, any more questions. I'll uh, open up for a motion on this item. Ms. Bentley: Mayor, I'd like to make a motion to transmit the draft City of Milton Comprehensive Plan for 20 uh, 40 to the ARC and the Georgia Department of Community Affairs. Mr. Moore: Second. Mayor Lockwood: Okay. I have a motion uh, 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. 21-228. Councilmember Moore seconded the motion. The motion passed (7-0). PUBLIC HEARING Mayor Lockwood: That's unanimous. Okay. We don't have any First Presentation items, so we'll move onto our first Public Hearing. Um... City Clerk: That item, Mayor is Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2022; and for Other Purposes. The First Presentation was held on August the 2nd in a special called meeting and the first Public Hearing was called on August the 2nd in a first — in a special called meeting. It is Agenda Item No. 21-227. Ms. Bernadette Harvill. Ms. Harvill: Good evening, Mayor and Council. You may have a little ddja vu Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 22 of 59 but I'm gonna go through the presentation exactly the same as we did this morning for anyone who may not have been able to hear it or tune in. So, we are here this evening to discuss setting the 2021 Millage Rate. This is the second of three required public hearings, and we will go into the details of those requirements a little later in the presentation. First, we had the agenda for this public hearing. We're going to go over some important definitions, followed by the state's requirements for the public hearings and advertisements regarding setting a millage rate. Next, we will discuss millage rate options and please keep in mind that you can improve any millage rate up to the legal cap of 4.731 mills for maintenance and operating. Following that, I will break down the digest by category and show the taxes that would be levied at the capped millage rate and the rolled back millage rate, which will be followed up by a discission of the projected revenues for fiscal year 2022. After that, we will look at some ways property owners can reduce their tax liability, how to calculate a tax bill and the value of citizen's tax dollars. Finally, in closing, we will discuss levels of service under the different millage rate options. Here we have some definitions. The first one is a mill. A mill is $1.00 per $1,000 of assessed property value or .001 times the assessed value. That is the rate at which we tax property owners. Your fair market value is an estimate of the market value of your property as determined by the Fulton County Board of Assessors. They do have some legal requirements to keep those values um, at market and the comparables to sales and things of that nature. The assessed or taxable value is the value that's equal to 40% of the fair market value. Property taxes are calculated by multiplying the millage rate by the assessed or taxable value and adjusted for any exemptions. We have our rollback rate, which is the previous year's millage rate, minus the millage equivalent to the total net assessed value added by reassessments. And the millage equivalent, which is the equation where the reassessment of existing real property is divided by the current year's net digest and then multiplied by the prior year's millage rate. I do have some math behind that later. So, you can see how that works in addition to just seeing the definition. Any time the City proposes a millage rate that exceeds the computed rollback rate, they must hold three public hearings to allow for citizen input. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 23 of 59 In addition to the public hearings, the City is required to place two ads and prepare a formal press release. At least one week before each public hearing, the notice of property tax increase must be published and at least one week before the meeting where the millage rate will be adopted, the current tax digest and five-year history of levy must be published. Both ads must also be made available on our City's website. And our Communications Director, Greg Botelho, has helped me has helped me ensure these requirements are met. This evening, you can see that our calendar for this year was the first presentation this morning at 9:00 a.m. The first public hearing was also at that meeting. We're here this evening at the second public hearing and next Monday on the 9t', we will have the third public hearing and unfinished business where we will set the millage rate for 2021 taxes. Here, you'll see the advertisement that was placed in the paper for the notice of property tax increase. As well as the history and five year — I'm sorry, the digest and five-year history of levy. I also like to include in this presentation, the snippet of the calculation we must use so everyone can see the exact numbers, as prepared by the Fulton County um, Tax Commissioner's Office and the Assessor's Office. I'd just like to point out here that the exemptions are based on our estimate, based on last year's digest values because of the timing in which we get um, a request to send in our exemptions. So, those are our best estimates at this time. They do change, but Fulton County does not collect the data on those changes so, what you see here might not exactly reflect what you see in some other reports that we have that are more accurate to the true up of what we have actually have um, exempted property at. Here are the um, math behind those ads. As mentioned, uh, earlier the math here calculates the figures you see in the advertisements. We do not have to go over them in detail, but I find it important to include so citizens can review them and see how those numbers from the information provided for Fulton County flow through the required um, calculations and get to those rates that you see published. Again, the notice of property tax increase is at 6.08%. That's when you take into consideration that um, impact of the reassessed values. And then you have your five-year history in levy and those are comparing 100% collections year over year, and you have a 9.3% increase shown there. In the next few slides, we'll go over the millage rate scenarios, including the capped millage rate of 4.731 mills which also Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 24 of 59 happens to be Milton's current millage rate. As well as a calculated rollback rate, which would offset any increases that resulted from reassessments of existing real property, which this year is at 4.460 mills. At the bottom of this slide, you will see the separately calculated green space bond millage rate. This is the variable rate used to allow for property tax collections for debt service payments on the bond, including principal and interest that will be due in FY2022. This rate is in addition to the M&O rate and is not included in that capped millage of 4.731. This year, you can see that we are requesting 0.487 to cover the debt service payments. On this side, we have the net M&O digest and the taxes that will be levied under the two millage rate options we discussed. While the levy is based on a 100% collection rate, we do not budget based on that collection rate. The digest is a snapshot in time and is subject to change 'based on appeal decisions and exemption updates. In addition, historical data shows that Milton collects approximately 97% of real property levied, 65% of the personal property, and 55% of the motor vehicle in year one. You'll see here that at um, year one at 100% um, collection would be $13,867,740 at the 4.731 mills and $13,073,371 at the 4.460 mills. On this slide, you can see the anticipated revenue projections, based on the collection rates we just talked about. Please note that the capped millage rate is six percent more than the rollback rate, which correlates to the calculations we went over earlier. And lastly, you can see at the bottom, the current amended real property and current year collections as of last Friday. That's just for a reference for you to see where we are this year, compared to what we expect to collect next year. Um, under the 4.731 mills, that those 97, 65 and 55% rates, we would collect $13,334,400. And under the 4.460, that would be $12,570,582. This summary compares the current projections for FY2022 to the amended budget for FY2021 as it stands today. Again, we are still working to finalize some of these figures, but nothing should change in any material amount between now and when you see the budget presented to you next Monday. I just wanna point out that, although it show — looks like property Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 25 of 59 tax is going down, that category includes more than just your real personal and motor vehicle, it also includes things like intangible real estate um, title, ad valorum and that those, some of those are anticipated to be reduced. So, while real property is expected to go up 5.1% and personal property is actually projected to reduce by 2.4% over all that category is looking like it will decrease by .3%. Again, we will go over all of this in great detail before you vote on the millage rate in the budget workshop next Monday. I would like to take a minute to talk about some of the opportunities for tax savings for property owners. As Milton's digest is primarily residential, the City recognizes several exemptions in order to reduce the tax liability for qualifying property owners. There's the basic homestead exemption. There are three exemptions available to our senior population, including a full value option. And another full value option for those with permanent disabilities. And finally, this — uh, we have implemented the newly — the floating homestead CPI exemption which applies to the primary residents and up to five contiguous acres of land. This is the exemption where, even though our assessment may be increasing on those assessment notices, this exemption comes into place as to keep that increase at the 3% or less. This year it's actually uh, 1.2%. We'll go over that again when we talk about the assessments. Exemption applications for the City are due by April 1St of each calendar year to qualify for that year's tax bill. The qualifying income for those income -based exemptions was at $72,264 for 2021 and that is based on the annual maximum Social Security benefit for a worker retiring at full retirement age. So, each year, that will change based on the prior year's figures from the Social Security Administration. Um, finally in addition to the exemptions that are offered between the County and the City, there is the conservation use value assessment, which is a little bit of a different tool to keep your um, tax liability down. So properties under 2,000 acres and there's typically no minimum, but you have to do a little more paperwork if you have 10 or fewer acres um, with the County. You do apply through Fulton County. And there's a requirement to maintain the property at those standards, which you apply for based on that agricultural or conservation use for a period of 10 years. If you are approved, the property value will be based on your land use, rather than your market value. So, there should be some Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 26 of 59 opportunity for some savings for those qualifying properties. Here we have a sample of that tax assessment notice that everyone that owns property in Milton receives around April through July, depending on the year. A few things I'd just like to point out, that um, it is important to note, the assessment is not a bill. And although the County does provide an estimate at the bottom of the assessments, property owners should not use that to calculate their anticipated taxes for Milton for two main reasons. Number one, tax assessment notices go out before the digest is sent to the Cities, for them to begin the process of setting the millage rate. So, Fulton County uses the prior year's millage rate in this estimate. Um, as you know, we are here tonight talking about setting the millage rate, so there is no way they would be able to have that information at the time of mailing those. And number two, Fulton County does not maintain parcel level exemption data for Milton's exemptions. This is key for our citizens. Um, we get a lot of questions around this time about this. If you qualify for a City exemption, it will not appear on your assessment notice. We get a large volume of calls from our senior population each year, concerned that we may have missed their full value exemption. As well as many of the property owners who qualify for that floating exemption, believing that we were increasing their taxes beyond the allowable by law. So, what you'll see is the assessments have to be true to the property value. That is Fulton County's job to keep those up. If you were to sell your home, that value has to be right for them to be able to assess the taxes to the next property owner. Um, the exemption is where that relief comes in and it is not shown on those assessments. So, we just like to tell our community that, so they understand. Nothing has been missed, the County just does not collect that level of data. Also, the County um, so their — that's what we have, they send those out each year and we keep an eye out on that for everybody to understand that a little better. And here, we have how to calculate your tax bill when we do set the millage rate and we do have those digest values. This is a little bit of math to help everyone understand exactly what we're doing with those numbers. You take um, the fair market value for a City of Milton home from last — according to last year's digest was $575,000. And for this example, I'm just using a basic concept homestead exemption of $15,000 to keep it simple. Again, the floating homestead Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 27 of 59 exemption can change that for each individual property. So, you would take your assessed value, which is 40% of that fair market value. Reduce it by any homestead exemptions and that's where your floating exemption would come into place if you had one. You take that subtotal or your taxable value and multiply that by your millage rate and that is how you get your taxes due. In this case, an average home with a market value of $575,000 would pay $1,017.17 under the 4.731 millage rate. Or $958.90 under the 4.460. Here, we've taken the proposed FY22 budget and broke it down accordingly. To show you about what you are paying with those tax dollars for each service City of Milton offers under the general fund. With the average fair market value of $575,000 and a basic homestead exemption of $15,000 at the 4.731 mills, which is the maximum allowable under our statute, you would pay $1,017.65., which would boil down to $2.79 per day for the services that you see here, including Public Safety and Municipal Courts, Public Works, our Parks and Recreation, Community Development, our general admin, our pay -go program, as well as the debt service we owe on the revenue bonds. To compare millage rate to millage rate, here we have at 4.731 mills and at 4.460 mills, how that changes for each category. Finally, just a little information of the City's 4.731 millage rate and the rationale for that. The capped millage rate allows the City to continue the capital improvement plan under the currently approved timeline. It allows newly approved master plans to be addressed in a timely manner. As we have discussed at length over time, the capped millage rate has many challenges for us at — at Milton. Once again um, we have a unique commercial footprint, which is limited. The assessed values in the community were historically not accurately maintained, and now they have been um, capped by that CPI exemption, limiting future revenue growth even further. And Milton has a dedication to its rural character, which has uh, results in a maintained limited commercial growth and density. Lastly, we have the — we have the ability to defer capital maintenance, which would save uh, more in the long run by prolonging life as opposed to a costly, premature replacements. So, here I just wanna take a step back and talk a little bit about how we budget here at the City and how that plays a part in deciding our millage rate. So, we have our current operations, versus our new Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 28 of 59 initiatives discussions every year. And as always, the City's first priority is to maintain existing operations and services at the level our community has come to expect. Once corresponding funds have been allocated to those services, as well as the City's debt service requirements, new initiatives can then be taken into consideration. I have just a little sample here for road maintenance, to show you exactly what that looks like. Current operations would include, repaving roads as scheduled um, per our assessment kept by the Public Works Department. An enhanced level of service would include it maybe if we had additional funding to pave additional roads needing attention sooner than had been originally anticipated. And a new complete initiative would be constructing an entirely new road such as we have Heritage Walk here that eases congestion throughout this area of downtown Crabapple. So, as far as our service level requests um, we have here at the City, a lot of citizen feedback and involvement. And so, these are some of the things we've heard from them over the years and although staff has been focused on addressing these items with current resources, they continue to be main topics of discussion um, amongst our residents including maintenance of newly acquired greenspaces; such as hazard mitigation, trail maintenance and mowing, improved debris management, timely replace — um, implementation of City plans, right away mowing frequency um, paving of additional roads, access to active park facilities and more. And as always, there's an effort to — that would need to be put towards attracting and retaining highly talented workforce here at our City. We will be going over that proposed FY22 budget, including continued operations and new initiatives in detail before the vote on the millage rate next Monday. And you will see the funding request directly at these — uh, tied to these categories, to meet the community and ensure that Milton remains one of the best places to live in Georgia. If you have any questions, I'll be happy to address them. Mayor Lockwood: Okay. Questions? Rick? Mr. Mohrig: Yeah, just one. And maybe this directed more towards the legal counsel and the City Manager. Uh, we heard from a resident talking about the concerns if they're on fixed income. Once they reach senior age. And is there anything more that the City could do to help. I guess my question goes to, we've had, I think the same exemption dollar amount for a number of years. The question is, if Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 29 of 59 we ever considered changing that, how would we go about doing that? Mr. Jarrard: Yeah, if we're gonna start talking about changing those exemptions, those exemptions are products of local law. Our recommendation would be to adopt some sort of resolution requesting your local delegation. Mr. Mohrig: So, the general assembly would have to make the change for us. Mr. Jarrard: My recommendation. Mayor Lockwood: I think I would certainly support some changes and — and limits and what not or increases. Laura. Mr. Mohrig: Thanks. Ms. Bentley: And just another quick comment. Um, the pay -go system that we use here in the City of Milton is this building was paid for, right? With pay -go money, which is, we saved for it. We didn't go into debt. So, as we enter budgeting, I would love to hear your thoughts, Bernadette, on you know, ways that — that $763,000 you know, rollback amount. How that could be used in a pay -go kinda way. Um, in the year — in the coming year. I know one year we bought the fire trucks that we needed. And we saved a ton of money. Because we had the cash on hand to use it. Ms. Harvill: We have looked at this and primarily, as you said, any additional funding that we get through our capped millage rate goes directly towards our pay -go program. We have a number of Parks and Recreation, both passive and active initiatives that're um, through our planning process. That would go directly towards, and Council could choose any one of them if there were not to be a 4.731 to maybe delay or defer, including opening the passive parks, um, delaying the implementation of building a new active park complex, similar to Bell Memorial Park. Um, delay continuing the completion of Providence Park, those are the kind of items that we would think would be the areas where you could potentially defer if you had that, less of that money. Ms. Bentley: Thank you. Mayor Lockwood: Okay, Peyton. Mr. Jamison: Yeah, um, going back to Rick's point, and I know Joe, you said Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 30 of 59 you — you were in favor of that also. But, you know, raising that senior exemption is probably something that we should take a look at. So, is that something we could do like, a work session on later on and then, give it to the legislative, you know, people in January or whenever? Mr. Krokoff. I already put it in my notes to start working some stuff up and uh and get — get something out before you and talk about it in a work session. Probably better to get moving more sooner than later. Mr. Jamison: All right, great. Mayor Lockwood: Okay. Do we have any public comment on this? City Clerk: We do, Mayor. We have one. I'd like to invite Mr. Eric Edstrom to the podium. Mr. Edstrom: Good evening again. Eric Edstrom, 120 Stone Orchard Court. I've lived in the City of Milton now since 2014 after relocating from uh, the northeast. [Clears throat] Since I've been here, there's been a perpetual increase, sans a couple of — one year, when there was a bit of a revolt because Fulton County, in terms of the assessors, could not derive what a fair market value was. Um, meanwhile, within the City of Atlanta, and further south in our beloved county, other residents did not have any increase, in fact they had a decrease. Um, and they constantly asked, we the people of the northern county to pay for their services. Now, mind you, this fee is assessed — or being assessed, specific to the City of Mil — Milton. And I understand that. Having taken a look at the City of Milton Notice and the total millage rate since 2015 all the way through the current year 2020, there's been 11.3% cumulative increase in taxes. So, my recommendation, being a finance person um, in my career, is why not try zero -based budgeting as an option? Before you just go in, constantly just put your hand in my wallet on a routine basis. In a trite comment, in my view uh, well here's a way that you can to ahead and reduce your taxes, it's insufficient for the majority of us that are actually paying the tax bill. Not many of us has 2,000 acres worth of property in the confines of the City of Milton. Land is a premium, pretty rare. Mayor Lockwood, with all due respect, you're a developer, you know what's out there. Your outside business. So, with that in mind, I'm not quite sure an 11.37% increase since 2015 to 2020 is really sufficient without doing some hard examination and zero -based budgeting let's find Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 31 of 59 out what it actually costs us to run the City as opposed to cumulatively just adding on from baseline budgeting, which effectively says well last year, my budget was $100,000 and this year now, it's going to be by virtue of the information that was placed on the screen, add six percent to that, so $106,000 to that same particular budget item. In my view, we the citizens and each of you here, on August the 9`f', need to vote this particular property tax increase down. Thank you for your time, have a good evening. Mayor Lockwood: All right, any more public comment? City Clerk: That concludes the public comment on this item, Mayor. Mayor Lockwood: Okay, I'll close the public hearing. Is there any other questions or comments? For Bernadette, for staff? Okay. Ms. Harvill: Thank you ZONING AGENDA Mayor Lockwood: Thank you, Bernadette. We'll move on to the Zoning Agenda. If um, Tammy, you'll please call the first item. City Clerk: Thank you, Mayor. That first item is Consideration of U21-01/ VC21-03 at 2105 Bethany Way containing multiple parcels for a total of 18.07 acres by the PFAJ Revocable Trust, dated 2/17/2019. To request a use permit for agricultural related activities. It's Section 64-1797 and a two-part concurrent variance. The first, to allow the existing parking areas, wood pavilion, horse arenas and driveways within the 100 -foot activity setback. It's Section 64- 1797(d). The second, to allow the structure housing animals to be located within 100 feet of a property line. Section 64-1797(e). It's Agenda Item No. 21-160. It was first presented at the May 24th, 2021, City Council meeting. It was deferred at the June 7th, 2021, City Council meeting. Then deferred at the July 19th City Council meeting. Mr. Robert — Robyn MacDonald. And my apologies, Robyn, let me add um, the public hearing for this item was held on July the 19th, therefore, we will move right into presentation. Thank you. Ms. MacDonald: I thought I'd fixed this to hide things, but um, anyway. Good evening, Mayor and City Council. Um, we're here tonight um, to uh, continue to discuss uh, the item that the City Clerk just read Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 32 of 59 into the items. I just wanna make sure that everybody understands that um, the official uh, public hearing occurred uh, at the August 19"' meeting. And so, we're just picking up where um, we left off from uh, that last meeting. With that said um, I wanna just review some recommended conditions from staff that varied from the last um, meeting. And it's — yes. So um, I went thought a lengthy uh, presentation last time, I won't bore you with that. But I will give you um, the conclusion. And um, the latest recommended conditions. The proposed agricultural related activities use permit is inconsistent with the City of Milton Comprehensive Plan Update 2016 and Objectives. In addition, the proposed agricultural related activities use permit is not compatible with surrounding land uses since it would operate concurrently with the by -right uses of the farm winery and the equestrian related activities. Including riding lessons, boarding horses as well as a request of a rural event use permit. And with that said, the applicant uh, today has requested a withdrawal of that uh, rural event facility use permit. Um, therefore, staff still recommends that uh, U um, 21-01 be denied. In addition, that UC21-03 parts one and two be denied. But um, if the Mayor and City Council chooses to approve the requested Use Permit and concurrent variances, staff has provided a set of recommended conditions below. Okay. So uh, the — the first uh, recommended condition, la) is to the owner's agreement to restrict the use of the subject property as follows. Um, agricultural related activities, including summer and other school children's school break camps, parties age 14 and under, agricultural/farm/equine-based educational activities, farm tours, and limited farm animal petting, excluding the following: exotic animals, zoo animals, kennels, for profit horse shows, overnight camps or events and on 18.027 acres. To the owner's agreement to abide by the following. Substantial compliance with the site plan received by the Community Development department on May 25th, 2021. And whereby, the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the account of the Council's approval of the Use Permit. Not withstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances, and these conditions. The site plan may be revised with the approval of the Community Development Director in order to Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 33 of 59 comply with the City codes and zoning conditions. Unless otherwise noted here in, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Um, Condition 3. To the owner's agreement to the following use requirements. a) Days and hours of Agricultural Related Activities shall be the following. i) Monday through Wednesday, 8:00 a.m. to 8:00 p.m. number 2) Thursday through Sunday, 9:00 a.m. to 7:00 p.m., but must conclude prior to the opening of the wine tasting room. b) There shall be no more than a total of 25 attendees per day, Monday through Friday, and no more than a total of 50 attendees on Saturday and Sunday for the Agricultural Related Activities. c) Maximum sound of all music shall not exceed 45 dba measured at the property limits. 4) To the owner's agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible until which time permanent bathroom facilities can be provided. Said facilities shall be located at least 100 feet from any property line and out of view from Bethany Way or Hopewell Road. b) Trash receptacles shall be located at least 100 feet from any property line. 5.) To the owner's agreement to abide by the following requirements, dedications and improvements. a) Access to the site and frontage improvements shall be subject to the approval of the City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat, or Certificate of Occupancy (whichever comes first). Entrances and frontage improvements shall conform to Chapter 48 Streets, Sidewalks, and Other Public Places in Chapter 64, Zoning of the City of Milton's Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell Road, he or she may require the owner to conduct a traffic study to determine if a development warrants any additional improvements at no cost to the City. If improvements are determined to be warranted, owner shall install those at no cost to the City. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 34 of 59 5c) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application, if required. And so, um, the next part is the concurrent variances which is um, a) Allow the existing — which is not correct. I'm sorry. So, let me um get to the correct conditions. I'm gonna put it up here on... If the Mayor and City Council so choose to uh, concurrently approve uh, the two requested concurrent variances the first one would read: Allow the existing parking areas to only include the three existing handicapped spaces, the row of eight parking spaces adjacent to Bethany Way and the row of 13 parking spaces along the north property line adjacent to 13780 Hopewell Road, wood pavilion, horse arenas and driveways within the 100 - foot activity setback. Section 64-1797(d). Okay. Um, b) Allow the existing uh, structures housing animals and agricultural equipment, feed or related stored an — items to be located within 100 feet of a property line. Section 64-1797(e). VC21-03, Part 2. And so, um, that concludes uh, staff's uh, presentation of the recommended conditions if — if council uh, chooses to approve this use permit for agricultural related uh, activities. And again, I note that the applicant has officially requested a withdrawal of um, the next item, which is U21-02 which is the rural event facility. Mr. Jarrard: Mr. Mayor, point of order on that. So, as the clerk correctly said, we've had the public hearing on this one. Now had the staff presentation with respect to this agenda item. And I think at this point, it is appropriate for there to be public comment that is appropriate... Really isn't going to be for or against. That's — that's the language of zoning. So, this is just gonna be public comment. But I want to uh, and then after the public comment, I think, you know, at that point, the Council deliberates, because it's gonna have questions of the applicant. That's in order as well. So, this is more just um, a cautionary instruction. So, the next item, there has been a formal request for that one to be withdrawn. That's up to the Council, they may wanna withdraw it, they may not want to. But if they do, there's no need for a public hearing on withdrawal and nor is there a requirement for public comment if an agenda item is not going forward. So, I might recommend to those folks in attendance, that if they wanna speak on any topic Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 35 of 59 involving the winery, they may wanna — they may wanna take this opportunity to come speak. Because when we get to the next agenda item, the Council in its good discretion may choose not to have public comment on that one if it in fact, wants to go ahead and do the uh, withdrawal. And — and — and along that line, if someone you know, typically we shut off once the agenda item is called. I would ask for some grace on that if someone was gonna speak and just wants to get theirs in now, I think that would be in order as well, just to accommodate them. Mayor Lockwood: Okay. And let me make sure everybody's clear on that, if you wanted to speak on either item, recommending that you speak at — at this point. And again, if you haven't turned in a comment card and you wish to, we'll give a little bit of grace on that. Mr. Jarrard: That's right. Mayor Lockwood: So, at this time, unless there's a specific question for staff, I'll go ahead and allow public comment um, on this item. And uh, we can certainly ask you questions and discuss. City Clerk: Thank you, Mayor. Our first public comment is from Mr. Bill Garrett. Would you like to come to the podium? Mr. Garrett: Bill Garrett. 13450 Hopewell Road. Next door neighbor. Mr. Mayor, ladies and gentlemen, I'm glad this thing's coming to an end. Uh, I've talked and had a lot of closing arguments in my life, and I think ya'll have heard every closing argument there could be, over the years, over the several meetings that we've had. Only thing I can say is, I'm asking that you take what you heard. I know that there's been a lot of letters to you. I know the facts have been laid out to you from both sides. And I'm asking you to look at it from the standpoint of, what if you were living next door or in the immediate vicinity and next door to this — this uh, facility. Would you want it approved as requested? I think the request that had been made by a group that is trying to work, has been trying to work with Ms. Jackson uh, is a reasonable situation. And I'm asking that the Mayor and the Council look at those items that have been written down to you and sent to you in letters and I know you've written and read it — read it probably 4,000 times. You as tired of it as I am. I'm asking you today to vote for a fair and equitable and reasonable uh, solution to this Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 36 of 59 situation that will not endanger or cause the neighbors and the people who are surrounding the areas to be — suffer any kind of damages. They don't want uh, business next door to them. As far as this is agricultural area, we ask you to keep it that way. Thank you so much and we appreciate your help. Mayor Lockwood: Thank you. Okay. Tammy, if you'll please call the next speaker. City Clerk: Thank you, Mayor. Mr. Bill Crecelius. I hope I pronounced that right. We invite you to the podium. Mr. Crecelius: Good evening, I'm Bill Crecelius. I'm one of the attorneys representing the applicant, Ms. Ellen Smith, who you're familiar With, will address you in a few minutes with some specific comments about the conditions uh, as proposed. Basically, with a couple of exceptions. The applicant is in agreement with the conditions set forth by Ms. MacDonald. There are a couple comments which Ms. Smith will make. I just wanted to make a general comment that these conditions are a product of professional staff recommendations. Of the exchange of information at prior hearings where the public has participated. Meetings with several Council people and the staff. And additional exchange of information and positions and documentation via — via email. And with only a couple of exceptions, which Ms. Smith will go into, represent a fair resolution that will put an end to what has been, sort of a nasty piece of business among neighbors Now, unfortunatelythere's not a decision you can make tonight that's gonna satisfy every body in this room. And you're used to that. But what you can do is, resolve this by accepting a reasonable set of conditions that are agreeable to the applicant and are suggested by staff if you are gonna approve this application. And that will allow everybody to go forward and perhaps, then be better neighbors with each other. Now that people have had a chance to be heard, concerns have been aired and heard. Ms. Jackson is aware of that. The surrounding property owners are aware of the difficulties she has trying to run her businesses that she's had for a long time. So, we're gonna ask the Council tonight to approve this application with the conditions as proposed, with exception of a couple items, I think pertaining to uh, parking and hours uh, as will be discussed by Ms. Smith. Thank you. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 37 of 59 Mayor Lockwood: Thank you. All right, Tammy. Will you please call the next speaker? City Clerk: Ms. Ellen Smith. Ms. Smith: Good evening, Mr. Mayor and City Council. I — I apologize. I didn't turn in a public speaker card because 1 presumed public comment was over after our very late night a couple weeks ago. But first, thank you. Uh, I know you have put a lot of time and effort into this. Um, and I hope you can appreciate the applicant has as well. Uh, it's near and dear to her heart. Um, and as Bill mentioned, there — these conditions that have been proposed and read into the record are acceptable with a couple of notable suggestions, which I've emailed you all about. But I also just want to remind you, that if you looked at your ordinance and you looked at the agricultural related activities code section, that there are a number of things that the applicant had already agreed to limit. Based on your code. So, in addition and what Robyn has read into the record, there are significant greater limitations on this Use Permit, which I believe is the first one the City will be issuing. In this category, notwithstanding. It being part of your ordinance for many years. But there are age limits, hours of operation, sound limitations, the list of activities, number of attendees, number of parking spaces. Those things already were proposed by the applicant that were not part of your code. If someone just came in and applied for rural activities uh, sorry. Rural, I'm missing. The next one. Uh, agricultural related activities, they could apply for hours of operation under the code from 6:00 a.m. to 10:00 p.m. With sound levels much greater than what's been proposed, and much greater than what the applicant has agreed to. Uh, with respect, I emailed you a couple of comments. Ours remain with respect to, I'm going to read it just because I have it in front of me. 3A, Roman X, 2. Um, so this is the hours of operation, Thursday through Sunday. We had proposed 9:00 a.m. to 7:00 p.m. uh, with the deletion of the phrase after that, that says, but must conclude prior to the opening of the wine tasting room. And we also respectfully request, with respect to the concurrent variances, that you allow existing parking spaces. Uh, what has been proposed by staff includes a number of parking spaces. But it excludes six parking spaces that are currently on the site plan. Um, that are present and that do provide parking for stables and everything else. So, the list, Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 38 of 59 and I don't have Robyn's — actually, I do. In front of me in concurrent variance, where it says, A. Allow existing parking areas to only include. She's listed three handicapped spaces, the row of eight parking spaces adjacent to Bethany Way and the row of 13 parking spaces along the northern property line. Those are the closest, with respect to property line. Okay. Oh, it's on... Kinda hard to see, admittedly. Oh, I'll just move the cursor. So, there are eight parking spaces here. There's the ones that are in the condition, closest to Bethany Way. And then there are 13 along this property line. Those are also in the condition. There are six right here. That currently exist that are excluded from the proposed variance approval. Uh, so uh, I — I think it doesn't quite make sense to leave some that're closer to the property lines than others. Um, but I just raise it for your consideration. We appreciate all that you have done with respect to these and ask for your approval with these changes. Thank you. Mayor Lockwood: Thank you. Please call the next speaker. City Clerk: I'd like to invite Kasey Sturm to the podium, please. Ms. Sturm: Good evening, Councilmembers. My name is Kasey Sturm. I'm with the law firm Weisman that's 3500 Lennox Road. Atlanta, Georgia 30326. As you know by now, I represent Joseph and Erin Canouse who own and reside on property that's caddy corner to um, the Painted Horse Winery. Their quiet enjoyment has been disrupted and turned in — upside down by operations and uses on this farm property. Um, they have put their life on hold over the course of the past year and a half. Choosing to withhold from making improvements on their property. Having to withhold from important family decisions and having to withhold from home improvement projects. All because an adjacent property owner is using her property in a manner, she believes she's entitled to use it. But which does not comply with the City ordinances and requirements, and which constitutes a nuisance. And we have asked and requested that this body help us ensure that in the exercise of your authority, that you are not putting one use above and beyond the uses of the community in the area. Or above and beyond the use of my client's property, which they have a right to use and enjoy, and that is being disturbed. There are a few things that I wanna say, I wanna echo Mr. Garrett's comments. Um, I've said this to you all before, I commend your efforts. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 39 of 59 This has been a — a tough issue. Um, my clients certainly understand that. We do wanna make sure though, that you in rendering a decision, are taking into account the health, safety and welfare of the community and not just one business owner who wants to own an operation. And that you're taking into account, the agricultural community here. Um, and that you make the right decision, a fair decision, that doesn't put one use above everybody else's use. Um, I am operating a little bit on the fly here because I am not privy to all the conditions that have been going back and forth between the City and the applicant. I did hear Mr. Crecelius say that she is running a business and that is what we have been saying. That this is a business. That is not what she's indicated. For example, you heard about taxes earlier tonight. That's not what she's indicated when she's applied for tax relief. She has said, I have no business on this property. That is a concern to us. This is a business operation and with that, it is important to recognize that as a property owner, you are not entitled to maximize your profitability when it interferes with the uses of adjacent property owners. So again, we would ask you to take that into account, particularly when we have great concerns that there's been less than transparency in what's been happening on that property. Uh, with regards to the conditions. Um, I disagree with the statement by Ms. Smith. Your code gives you every right to put limitations and conditions, above and beyond what's in there. In fact, it says that, and it says it based on the particular use of the property and on the particular property itself. So, it's a fact dependent determination that you are more than entitled to be able to make. With that regard, I say um, to the conditions on time, we're talking about agricultural related activities. It seems even the proposed times that are listed in the conditions are a little bit excessive. For example, we know that most children's parties are not happening at 8:00 p.m. at night. So, we would ask this body to keep that in mind, as you look at the time limitations. And we certainly feel that a limitation that ensures that children's activities are not happening while wine is being consumed in the tasting room, is more than reasonable. That being said, I also wanna say that with regard to the concurrent variances, and you all did receive some comments, general comments from me previously, I think it's really important that to the extent this body is looking at approving any variances, that those variances are very narrowly tailored to the activities being requested. So, that Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 40 of 59 we have no concern that they are gonna be used for something that is unintended by this body. Um, I also wanna state that there has been a site plan that has been put into the record. City Clerk Thirty-six seconds remain. Ms. Sturm: Thank you. Um, and that site plan on it, at least the —the area that I see, shows a stage on it. It shows some other buildings. When we look at variances, when we look at site plans, we make sure we're not approving or giving the applicant something — the authority to do something that's unintended. And here, I'd say variance should not be granted where they are going to cause or contribute to the nuisance already complained of. I recognize that my time is short, and I'm operating on the fly. We greatly appreciate your time, your interest, your willingness to listen. We ask that you do the right thing here and ensure the protection of the community. Thank you. Mayor Lockwood: Thank you. Mr. Canouse: I would ask one minute; I like Ms. Smith — Mayor Lockwood: Excuse me. Name and address for the record, please. Mr. Canouse: Sorry. Joseph Canouse. 800 Cooper Sandy Cove. Alpharetta, Georgia. Changing it to Milton because I'm technically in Milton. One minute. Um, you referenced that this is a nasty business, it's nasty for us who live there. That we have to come here and get involved in a fight with our neighbor. Um, I was at mass today. I go to Saint Bridgette's and I'm trying to say, you know, be at peace. You guys do this all the time. Um, but then, I'm — I'm compelled to say that in the interest of fairness, I need to point out that we are trying to talk about a permit. With an applicant who's operating without a permit, without regard for a permit. And quite frankly, I don't trust her, even if she's given a permit to do this, not to come back in six months and say, I wanna do this. To build on her site without a permit and then come back and ask for a use of that site since we can't talk about it or we might not have a chance to talk about it. I don't know if she's growing grapes. I don't know if she has a winemaker. But she's not a winery, but for some reason, that seems to be an issue that we don't wanna touch because we believe she's granted certain ag uses. My attorneys pointed out to me and I'm trying to communicate to Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 41 of 59 you, you still have that ability to restrict what she can do. In regards to the safety of the public and my children who will be driving very soon, I've got two that're already driving. I think even granting the variances where she doesn't have to move the parking back, creates even more public danger. Because she's not gonna slow down her business. She's gonna get a permit to do this and then she's gonna try and do that. And then we have to complain. My attorney says oh, we'll have to be more vigilant. I don't wanna be vigilant. I don't wanna be up here complaining about something and taking pictures and writing letters and calling the police. It's been going on a long time. I've already spent a lot of money. I've put off literally half a million dollars in improvement in my home, okay? And I would like for you to make the right decision. We live in a residential area. You should not be running a business out of that. I say that respectfully and thank you for your time. Mayor Lockwood: I'm gonna say um, procedurally if you would please fill out a comment card. Okay, I'm sure you'll be called. Mr. Jarrard: Yes, that would be in order. Mayor Lockwood: Yup Ms. Sturm: Yeah. I would just add for — for the City Council, that I think it would probably be important that to the extent this council body is hearing these um, applications piece meal and one is being withdrawn, it's probably important for folks to understand how this body intends to address some of the concerns regarding the winery and what process and procedure may appear before this community under that sort of consideration. Thank you. Mayor Lockwood: Thank you. City Clerk: Next is, Kathy Cobb. We invite you to the podium. Ms. Cobb: Joe, how you doing? I just wanna tell you, since this lady has started up this business over here, my property has been vandalized. I've been assaulted. My 13 -year-old granddaughter has been assaulted. Mayor Lockwood: Excuse me, did you state your name and address for the record? Ms. Cobb: Kathy Cobb. 13940 Hopewell Road. You've been there. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 42 of 59 Mayor Lockwood: Procedure. Ms. Cobb: And the thing is, is that people that's supposed to be parking over at her house are coming to my house. They just be parking at my house and I'm having to call these guys out several times. Because I've been vandalized. My car — my trailer has been stolen. My tags have been stolen. My granddaughter has been cyber threatened. There's re — there's racing up and down the street. She's going with this music all night long until 12:00 midnight. My son's dead was killed in Alpharetta. For drugs and alcohol and I certainly don't wanna see it happen to my granddaughter. I'm a mother of a dead son. I got a real terrible thing to endure the rest of my life. But I certainly don't wanna see anybody going — her horses are starving. There's four or five stalls over there with about 20 horses that're starving. I've had to let clients go to her place and they come back crying because their horse is starved. It's not right. She's not conducting the agricultural business over there. She's drinking over there and letting people drive drunk with their kids. And I'm having to reap the benefits of people stepping on my property uh, SWAT team had to come out to my property about two weeks ago, you can confirm that with the City of Milton. And I'm not gonna — I'm gonna sell out to a — I'm gonna sell out. And I'm gonna bring all my friends. Because it's not right that we have to stand up here and fight and go into something like this with her, she don't even know how to ride a horse. She wouldn't know how to ride a horse if she — if you put one right in front of her, she couldn't get on it. A bunch of kids run that facility. I've been over there. Her kid rode with me for 10 years on my drill team. It's just wrong and that's all I gotta say. Thank you. Mayor Lockwood: Thank you. Tammy? City Clerk: That concludes the comment cards that I have. Mayor Lockwood: All right. That'll conclude public comment. So, I'll open back up to Council for discussion. Any questions for staff or the applicant? Mr. Jamison: I have a question on the parking spaces. Robyn, can you pull that map back up? I just wanna make sure we're — we're right on that. So, where — where are those six spaces again that we're having conflicting — Ms. MacDonald: Right here. These six that are between the two riding areas that are Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 43 of 59 highlighted in blue, right here where my cursor is. Mr. Jamison: And those have been there prior for the last — Ms. MacDonald: According to the site plan, they're existing. Mr. Jamison: Okay. Okay. Mayor Lockwood: Okay. Paul. Mr. Moore: Robyn. Robyn, while you're at the podium. So those — in the consideration that we were giving to the existing parking spaces, it's the — the site plan that we have, is also showing existing parking spaces in the arena for other events. Those spaces are not under consideration. It's only the eight on Bethany Way. It's the three handicapped parking spots close to the um, residential structure. The 13 that are in the depths of the property. Now we're being asked to consider the additional six in between the riding rings, but not anything else that's depicted on this? Ms. MacDonald: Correct. Right. Currently, just as you stated, the 13 plus the eight, 13 plus the eight, plus the three handicapped right here. it's almost, very close to the 100 foot. Mr. Moore: And just to clarify, parking would not be permitted in the riding arenas at any time? Ms. MacDonald: Correct. Yes, that was on the site plan. It talks about proposed parking for the special event permit. Mr. Moore: Okay, thank you. Mayor Lockwood: Okay, Laura. Ms. Bentley: So, I just wanna make sure that we're, you know, we're — we're considering, and this isn't for you Robyn, just a general statement. Tonight, we're looking at a Special Use Permit for agricultural activities. And separately from anything else. So, I would first like to um, thank and give my appreciation for the um, consideration of the withdrawal of the rural event facility. Um, our struggle as Council has been with the intensity of use on this land. Um, so as we look at that, staff has recommended denial, based on that intensity. Um, but I, and I believe this Council, want to support your agricultural activities. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 44 of 59 Um, we have heard that from the neighbors and we want to move forward with this. Um, after our last meeting, I got swift feedback. Um, as we conflated the two uses, the winery and the agricultural activities. And that feedback was, you know what, we want a winery with a tasting room, which is in line with the nature and intent of what we heard on May 6th of 2019. That is what this community wants to support. And so, I go from that desire of your neighbors and this, for me, the legitimate use of a winery and a tasting room. And so, for that purpose, when I consider the agricultural activity, the concurrent uses are not something that I can support. It's an either or. You can do this activity; you can have children's birthday parties and educational events. Or you can have your winery, the tasting room where you're consuming alcohol open. And you have the flexibility to determine when that is. But I will say, that as we look and Councilmember Longoria, you had a great, you know, suggestion on our alcohol ordinance. And how we need to look at that as it relates to a farm winery. And I support that consideration and alcohol permit is a privilege. And it's updated every year. And we often get feedback on um, things that are occurring in our establishments that serve alcohol, that we relook at that ordinance and it's my understanding that it's within our purview as a Council. Um, so for me, the — the agricultural activities are — can take place. But not at the same time that the winery is open. And um, I understood and understand your need for the parking spaces. We want to support your equestrian patrons and the agricultural activity patrons. And understand that the parking for that is close to your barn, it's close to your riding arena. And that is the reason that I can support variances that I often don't support. Um, those are my comments as they relate to the updated conditions um, from staff, which greatly appreciate you looking at all the input that we received at the last hearing. Mayor Lockwood: Okay. Joe. Mr. Longoria: Yeah. So, Robyn. Can you pull up the um, approved concurrent variances? So — so, the language that if we approved it, what it would look like, what we're actually approving. So, the first one describes a bunch of parking spaces. Um, I'm guessing some of these parking spaces are — are — were made to be parking spaces or all of these parking spaces, short of existing on permeable surfaces, Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 45 of 59 that actually could be something else if they didn't have a car on them. Ms. MacDonald: To be honest, I haven't seen the parking spaces, so I can't speak to whether they could be something else. Um, you would have to ask the applicant that. I haven't been on the premises to understand — Mr. Longoria: Oh. Okay, so I was thinking — I was thinking these weren't like, paved parking spaces with stripes. Ms. MacDonald: I do believe that they're gray — gravel. Um, except for the handicapped spaces. Uh, so yes, I guess it could just be blank. It's not um, a concrete or paved over with striping and with curb stops. Mr. Longoria: Right. Ms. MacDonald: I believe it's just uh, gravel. Mr. Longoria: Okay, and — and the ones that're listed in Item A, they exist already? Ms. MacDonald: Correct. Mr. Longoria: Right? So — so, what we would be approving is something that exists now. So, we wouldn't be saying, we're giving you permission to do something else, this is just what's already there? Ms. MacDonald: Correct. Mr. Longoria: Okay. On Item B and in terms of the existing structures being located within 100 feet of the property line. Those structures exist already today, don't they? Ms. MacDonald: They are — they do and specifically, the ordinance um, or the variance calls out structures housing animals. And then um, we also um, uh, included agricultural equipment, feed or related store items to be located within the 100 foot of the property line. Mr. Longoria: Okay. So, my point again is that we're not giving permission to erect something within 100 feet of the property line. These are things that already exist today? Ms. MacDonald: Correct. Mr. Longoria: Okay. So, thank you. Um, uh, the challenge that we have with this Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 46 of 59 is exactly how uh, um, Laura stated. And that is, intensity of use. And we've gotta figure out a way of managing the intensity of use. The people that both own the property and the people that neighbor the property uh, have been in existence for a while. The folks that are neighbors have a certain expectation, grew — grew accustomed to a certain amount of behavior that was being exhibited by the property over the past 20, 30 years. I don't know, however long they've lived there. The property owners also say that they've been doing certain activities for that period of time as well. Now, there is a new thing to the mix and that's the farm winery because the farm winery hasn't always beets there. They may have been growing grapes, but they didn't operate as a farm winery, because that was something that she came forward to the Council with a couple years back and asked us about. So — so, the reality is, how do we, and I think it was well said by um, Councilmember Bentley is that, how do we manage these intensities concurrently? Because to me, it doesn't really matter what businesses are operating. If there are only three people on the property, nobody's gonna complain. It's when there's 250 people on the property that were causing difficulty. And at that point, it doesn't matter if the 250 people are all there for the winery or if'50 of them were there for the winery and 200 of them are there for a party. A — a child's party. None of that matters. What matters is that the collective amount of folks that are gathered on the property has crossed a critical point and it's causing difficulty. It's causing people to park in neighbor's yards. It's causing people to um, create noise. Noise that exceeds certain boundaries and certain levels, so that it interrupts the — the peaceful use of people's property that live nearby. It — it causes difficulty. So, the challenge that we've got is to control the intensity of use. To control the number of people that can be on that property at — at any given time. And so, I'm interested to hear what we're gonna propose. And I think if — as long as we solve the — the attendance issue, um, then we can solve the noise issue and we can solve the parking issues and we can solve the — the intensity of use. Mayor Lockwood: Okay, Rick. Mr. Mohrig: Yeah, I think Laura, you stated it pretty well. I think Council is pretty unified in saying, we want to in fact approve the business that you've had, that's been going on, on the property with equestrian, including the birthday parties with — with the exceptions that we actually or the parameters that we put in to the Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 47 of 59 agreement. Whicli I think. what I'm hearing is, we're — we're in support of that. I think we're also in support of granting the variances like Joe was elaborating, that those buildings and those parking spots are already there and they — they were being used before the winery came into existence. The question I've got Robyn is, are those — do we know, are those six spaces that we're talk — do those actually, we've seen those because we haven't — that's not in this agreement right now. Ms. MacDonald: Correct. That's not and I have a blow up, if you'd like to have a little more uh, bigger picture of exactly the parking spaces that Ms. Smith is talking about. I can put it back up. Mr. Mohrig: Is it actually like a GIS picture that you can show? Ms. MacDonald: Well, it's — it's a much clearer um, site plan. It's the same site plan but it's uh, magnified so you can see easier. So, I'll be happy to throw it up on there. Mr. Mohrig: Okay. So, the — so the only thing that's not in our approved concurrent variance for the parking are those six spots which, Ms. Smith was saying, are within that 100 feet and they are already existing. I won't speak for everybody else, but I think that — if that's verifiable, I think that was something we were all saying. We don't — we're okay if it was something that was already there within that 100 foot uh, activity area, as it applies to her equestrian use. Ms. MacDonald: Right. So, it appear — there's um, five. One, two, three, about six. One, two, three, four, five, six parking spaces that encroach currently into that 100 foot. Mr. Mohrig: Okay. I guess we can talk about that when we get to a motion. The question I've got also is, when we were saying that we — we accept this site plan, the concern I've got is, we're showing a building on there for a wine tasting room, like 8,700 square feet. Our intent is not to approve that when we — we're not approving that when we approve the site plan as laid out? Ms. MacDonald: That is correct, and I believe Ms. Smith pointed out the last hearing that, that was just to um, be able and she can... The — the intention was just to give an idea of what was the plans for the entire property, not necessarily that this — you would be, uh — Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 48 of 59 Mr. Mohrig: Approving that location. Ms. MacDonald: Approving that location or size. Mr. Mohrig: Okay. That — that's just, I wanna make sure if we, as this is written, I don't wanna have uh, us approve something without knowing that — or inadvertently thinking that it included those things, so I wanna make sure that we're in fact protected, so that's a separate consideration. Ms. MacDonald: Correct. Mayor Lockwood: Paul? Mr. Moore: Yeah. I just wanna point out, with all due respect to Councilmember Longoria and Councilmember Mohrig. That just suggesting that these things already existed, that it's okay. It's not. That's why they had to ask for a variance. So, the — the applicant's attorney has gone on record to suggest that they have a difference of opinion than our City Attorney, which is that this use — or this variance is required because it was not approved to have these parking spaces and some of these uses in 100 -foot setback when it was Fulton County. So, she was operating inappropriately then. And she was not abiding by our ordinance either, which restricts the parking and other uses in the 100 -foot setback. So, it's not just that it's there, that it's okay. If we had discovered that there was a, you know, crack house in there and it'd been there for a long time, that's not okay. Mr. Mohrig: Yeah look, if I could, let me restate. I was not saying anything out there is okay. I think what we're — what I was saying is, as we considered and gone through this, the things that were related to her existing business that have been going on, we heard from the neighbors that they didn't have a problem with that. The only way to bring that into compliance is to grant these variances, if we choose to do that. Mr. Moore: Right, and that's an important differentiation. We — we've uh, accepted some of these conditions because we are trying to support the agricultural use, which I am in favor of. I said that loud and clear at the last hearing. I'll say it loud and clear again tonight. That — that the re — the variances that're requested are not inconsistent with the kinds of things that I would like to ensure can happen. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 49 of 59 I'm not trying to diminish her ability to operate her equestrian and agricultural activities. And as such, it might very well be appropriate for us to cast a vote in favor of supporting that tonight. That's probably where my vote will go. But I just, I wanna make sure that we understand that the variance is required because it — it's necessary. Mr. Longoria: Well, what I would say, is that we need to approve this or disapprove it. It's required as you suggested because of what's being asked. If there was nothing being asked, there was nothing that we had to vote on or pass. The — the point I was making is, the buildings are already within the 100 -foot setback of the property line. If we don't approve that, okay. What is she gonna do? Move the buildings? Mr. Moore: That's what would be required. I'm not suggesting that. Mr. Longoria: No, no. She can't do that is the problem. They've been there. So, I wasn't trying to get into debate. I apologize for that. My point was, I'm aware that we need — that not all behavior should just be agreed to because it had been done in the past. That's — that's not my point. My point was, to recognize that we weren't giving permission for something new to occur. Is that these things were already in place, these things are — were already part of the landscape. Ms. Bentley: And Robyn, the activity setback is a function of the use permit? Ms. MacDonald: That is correct. Ms. Bentley: So, the parking spaces that were already there for the equestrian activity and the operation were not in violation. Because we are now putting the activities setback in place with the use permit. And — and that is my reasoning to be able to allow those parking spaces, in support of the ag activities to continue. Um, they're — they're — they were there, and they are part of it. Mr. Longoria: Yeah, understood. Mayor Lockwood: Okay, Paul. Mr. Moore: Just to continue the thought where I was going, I want to make sure that I — that we're careful with what we're talking about approving with the request for the additional six that have, are being depicted on here that were not a part of staff's Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 50 of 59 recommendation. I just wanna clarify, Robyn. In the additional six, that are within the 100 foot, it's being depicted as 10 total on here. So, the other four are not — don't require our permission in a — in a — in the granting of the variance because they're already there and they're outside of the 100 -foot buffer. Ms. MacDonald: That is correct. Yeah. Mr. Moore: Okay. So, just food for thought as we're making measure of this. We're talking about uh, agricultural use for parties with smaller numbers that they're depicting now, 13, plus 10 is 23. Um, plus eight is what, 40? Forty-two, 41? Um, plus the other three is about 45 parking spaces for children's parties that're supposed to be pretty small in number. That's a — we're dangerously close to bumping up against intensity of use again, just — I just caution as we look at this, that we're — that we're not overlooking something that the neighbors um, we're not — we're not offering up parking spaces to take it into an intense — a more intense use than we intended. Ms. Bentley: I have a comment on that. I think it's a great point. I also recognize the um, riding academy that is uh, I um, took um, a lot of time to read uh, Ms. Smith's um, inventory of the activities on the property. And they have a very um, uh, healthy riding academy, which is a by right use. And so, I'm guessing that those parking spaces are likely part of that essential by right use that um, we're trying to support along with the additional intensity associated with the ag activities. Um, and I think that should be ample parking. The the parking spots that're on the ground, um, and I just wanna be real clear that with the activity setback, that takes out of um, you know, I can't imagine that anyone would wanna park on the Hopewell Road um, where we see parking sometimes with some of your events. Um, that would be in the activity setback. Ms. MacDonald: So, I can just comment that anything, you know, in the future, let's say, if some parking starts to occur along Hopewell Road within that 100 foot, then that is out of compliance if you all end up approving this Use Permit and um, so it does not allow them to park anywhere within the 100 -foot setback activity area. It's only whatever you all will end up, if you do approve it, approve for the variance. Mayor Lockwood: Paul then Carol. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 51 of 59 Mr. Moore: It looks — Robyn, it looks like the applicant is attempting to change the behavior from whether it's the uh, the uh, event attendees or the riding um, uh, academy attendees, because they've now put barrels in the area that was in um, contest for — where we had a disagreement about whether they were parking there or not parking there. The applicant has put barrels there now, so parking isn't taking place on the Hopewell area. But I'm glad to see that because it's consistent with what we're suggesting here, that's in the 100 - foot setback. It shouldn't be a parking area. It shouldn't have been before, but not taking action to prohibit that. I'll just add one more comment for consideration and that is, in the — when we walked the uh, property with the applicant the other day, we walked in a graveled area, I guess I would call it on the south — southern end of the property um, where there was — on this particular site plan, there's the proposed future tasting room. An 8,000 square foot tasting room. I know that's not up for consideration tonight, but the reason I bring it up is, because that area is graveled as well. And it's depicting about another 30 plus parking spaces over there. So, whether this additional six come into play or not, that are in the setback, there is 30 more — 30 plus more spots on the property. I don't know that it's a hardship that is necessary to be granted, tonight. You know uh, we're — we're being — there's some benevolence coming forward in the fact that we're looking at the 13 plus the eight plus the three, when there are so many other parking spots already on the property. Mayor Lockwood: Carol. Ms. Cookerly: Thank you. Um, I can appreciate that some might think that as we go back and forth on some of these details, that we are talking about which paper towels to buy when there's a flood. And uh, I understand that. But the devil is often in these details. And as Council said earlier, it is all about unintended consequences and that's why we're here. Based on promises that were made to us in May 6 of 2019. So, while I think it is important that we get these details correct, I do wanna redirect my position back to, I am absolutely against concurrent uses because what happens on the ag side will drift over to the tasting room and purchase of alcohol. And that is completely unacceptable. Um, our attempts tonight to manage that or, and or, pursue changes to the alcohol permit, I am wholly in favor of those Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 52 of 59 um, those actions. So, it is about intensity of use, it is about relief. It is about no more unintended consequences. And that's my position, it hasn't changed, and it won't change. Mayor Lockwood: Um, Rick, and then Peyton. Mr. Mohrig: Just a question for Robyn. Um, is there a reason we excluded the six spaces? That — that her attorney brought forward, within the 100 foot? Ms. MacDonald: I think we were um, as a staff person, that was just more concern about the impact adjacent to the property owner um, on the corner as well as um, the parking spaces that were along Bethany. They — they were encroaching the most. And that's kind of where the — my attention got to was, to those. That impacted it the most into the 100 -foot setback. Mayor Lockwood: Okay, Peyton. Mr. Jamison: That was my exact question. But I guess my only point is, and maybe to Paul is, it seems to me that it was probably an oversight because, these six, I mean in my opinion don't have near as an impact as the other ones that're on — that we're approving. Or that's on the variance. So, I — I just — I mean, that was my exact, that question. Mayor Lockwood: Okay. Um, Paul. Mr. Moore: I just offer up again, my concern for safety. Um, we're you know, talking about vehicles and horses being inter uh, mingled. And I think that if you stay tight to the property line, you diminish that, especially when there are other um, spaces that are within her um, approved use already. I just don't think that that — that six is gonna make any difference to her ability to operate the business or not. And I think they should not — we should not amend staff's recommendation to include those. I'd also like to go on the record as some of the others have, that I am profoundly in opposition to operating any of the uh, winery events concurrent with the agricultural events. It is absolutely important that we separate those two. I also look forward to the appropriate review of um, our alcohol ordinance to ensure that we shore up the things that are producing some of the other concerns and nuisances for the community and look forward to a rapid engagement on that. We know we've got Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 53 of 59 uh, time is short to accomplish that. And I'm absolutely would look forward to uh, achieve it in the next 30 days, 45 days tops if possible. We encourage staff to — to uh, Steve's, at your direction, Steve, to move swiftly on that. Mayor Lockwood: Okay. Joe. Did you have something? Mr. Longoria: Yeah, Robyn, um, so is there something in the language that we're looking to approve that addresses um, the decibel level at the fence line? Ms. MacDonald: Yes. Uh huh. It is back on; I think you all have a copy. It would be uh, Condition 3C, which is at the top of Page 2. Maximum sound of all music shall not exceed 45 DBA measured at the property lines. Mr. Longoria: How does that align with what's happening for the — the other parts of the business. I'd say the winery business, or — or are we including this use in the same category as any other music use on the property? Ms. MacDonald: I mean, I think we were thinking that um, you know, if there were birthday parties that had music, whether it was taped or live. So, it would — would be in association with this Use Permit. Mr. Jarrard: Gotta be — its music generated from — from the uses under the permit. Mr. Longoria: Okay. All right. Um, okay. That's all. Thanks. Mayor Lockwood: Anybody else? Laura? Ms. Bentley: Just wondering if we are ready for a motion. Mayor Lockwood: That's fine, I wanna just clarify something though, because I know in these conditions and some Councilmembers have had the meetings and whatnot with the applicants. But obviously, they were in all fairness, given to the applicant tonight. So, I just wanna be clear on the — on where the Council is and where that is. So, if we're not in line with a couple issues, at least everybody knows it before they vote on it. And the applicant knows. So, it sounds like the two issues were parking and then, and/or, combining the two uses, agricultural and actually the winery business, correct? 1 Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 54 of 59 Mr. Moore: That's how I understood the applicant's attorney's concerns were those two. The parking and the um — Mayor Lockwood: And I'll be glad to — I'll ask the applicant to step forward to just clarify that. And — and to the public, I — I just feel obligated that, sometimes as the Council is making recommendations, voting on something, I wanna make sure that at least the applicant, whether they agree or disagree, they know everybody knows, what. Okay. Ms. Smith: Yes, and my only point was that the parking is — I don't — I didn't know if it was an oversight to leave out six if you were granting a variance with respect to the others. The — the concern with respect to blending of uses is just in 3A2, which is, hours of operation and that have to conclude prior to open — to operation of the tasting room. I understand the Council's position that, with respect, limiting the number of attendees for the agricultural related activities, which was one of the concerns. Providing for parking and otherwise limiting what happens. Uh, with respect, we think that having a conclusion that these conditions were intended to separate out winery operations and have agricultural related activities be considered on their own. And I understand the Council on certain positions with respect to safety. With respect to that, I'll say, there hasn't been an issue with respect to safety. I respect the position that we've been told. But you also are approving a Use Permit that runs with the land. That is for agricultural related activities. There could be a winery, there could not be a winery on this property in the future. There could be a tasting room or not, subject to what this Council decides. And renews with respect to business licenses. So, with that, respectfully I would say that including a but must conclude prior to the wine tasting room is an inappropriate condition for agricultural related issues. Mayor Lockwood: All right. Um, either presenting any other comments or questions or I will open up for motions to consider. Ms. Bentley: Mayor, I'd like to make a motion to approve U21-01 with the removal from the site plan of the 8,000 square foot building. And with um, uh, at — and with staff's recommended conditions, as of today. With the um, staff recommended limited um, or variances um, with the addition of the six parking spaces. And so, that is VC21-03. Mr. Longoria: Second. 1 1 1 Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 55 of 59 Ms. Bentley: With the addition of the six park — parking spaces. Mr. Jarrard: You have a motion and a second. I just have a point of order I'm gonna ask Ms. MacDonald, do you understand that this part is the addition? Ms. MacDonald: I do. Yes. What I planned to state is, let me read what I would. Allow the existing parking areas to only include the three existing handicapped spaces, the row of eight parking spaces adjacent to Bethany W — Way and the row of 13 parking spaces along the north property line and the six parking spaces located between the two riding arenas. Ms. Bentley: Exactly. Ms. MacDonald: Okay. Mr. Longoria: I'm gonna withdraw my second because I thought you were done. You might still be articulating things. Ms. Bentley: No, that's it. Mr. Longoria: That was it? Ms. Bentley: Yup. Mr. Longoria: Oh, okay. Ms. MacDonald: I just wanna clarify so there's no question of the six parking spaces. Mr. Jarrard: And I wanted to clarify that as well, I don't wanna do this again, so I wanted to clarify. Mr. Longoria: Right, I agree. Mayor Lockwood: Okay, so I have a motion as read by Councilmember Bentley, a second from uh, Councilmember Longoria. And just to clarify for my end, that the six, for lack of a better term, the six parking spaces we're talking about. You've included those, to allow those, Laura? Ms. Bentley: In addition to the staff proposed um, yes. Mayor Lockwood: Okay. All right. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 56 of 59 Mr. Moore: And you clarified on the Ms. Bentley: site plan. Mr. Moore: removal of the Ms. Bentley: The site plan, the 8,000 square foot building. Mayor Lockwood: Okay, all right. Um, so I have a motion and a second. Is there any discussion on that? All right. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 21-160 as amended with staff's recommended conditions. Councilmember Longoria seconded the motion. The motion passed (7-0). Mayor Lockwood: Any opposed? I believe that was unanimous, Tammy. Let's see, all right. Tammy, if you will please call the next item. City Clerk: Mayor, that item is Consideration of U21-02 at 2105 Bethany Way, containing multiple parcels, for a total of 18.07 acres by the PFAJ Revocable Trust, dated 2/17/2019. To request a Use Permit for rural events facility. Section 64-1842 is Agenda Item No. 21- 161. It was first presented at the May 24th City Council Meeting. It was deferred at the June 7th, 2021, Council Meeting. And then again deferred again at the July 19th, 2021, City Council Meeting. Mayor Lockwood: Okay and just Ken if I'd asked you to just confirm the typical procedure and the applicant have a formal request for withdraw, correct? Mr. Jarrard: Mr. Mayor, they have requested to withdraw this item uh, in — in written form. Uh, which is exactly why I during the last item we offered up that if you wanted to speak on the farm winery generally that you come to the public comments section. Given that there has been that request for a withdraw, the Council has discretion. The Council could hear the item, or the Council has the authority to simply uh, make a motion to approve the withdraw and that will be the end of this agenda. Mayor Lockwood: Okay. Tammy: Mr. Mayor, we do have one public comment on this item. Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 57 of 59 Mayor Lockwood: Okay, well just after the fact. I believe — oh, okay. All right, in — with respect to the uh, individual made the comment came in late. So, wouldn't didn't have the — the uh, ability to hear the conversation. If the Council is okay, I'll allow that public comment. You guys okay with that? Tammy: Thank you. I would like to call Ms. Ruth McElroy to the podium. Ms. McElroy: But um, I was here last time and I put it on this agenda item, so I didn't get to speak before you guys kinda went into it. Mayor Lockwood: Do you mind just, name and address for the record. Ms. McElroy: Yes sorry, my name is Ruth McElroy. I live at 645 Heron Court. Um, I just wanna speak in support of the farm and what they do. Actually, here more on the rural events use, which if you guys don't vote, I know this is a non -issue, but I appreciate you hearing me on this. Um, like I said, two small children, we go there often. We love going. We go with neighbors and friends and family. We consume alcohol and — responsibly. And we drive home responsibly. Um, and we really have appreciated the environment that they've created. That's family friendly, gives an opportunity to meet with your community in a COVID friendly way, which I think is really unusual right now. Um, and it does so while enjoying everything that Milton has to offer and enhancing it. It's a female family run business and I really hope that there's a way that we can work through the neighbors' concerns. Work through the congestion issues, safety issues and all those things and find a way for this business to thrive. It's one that me and I brought a bunch of women last time who couldn't come back. But really appreciate about it. And I know the intensity of use is the issue and I get that. I think that's important. I really encourage you to think about, what is the capacity that's causing the problem? Because as I listened, for a while last time and watched previous recordings. We don't know what intensity of use level is causing the issue. Is it 40 cars, is it 50 people, is it 75? I would love to understand that. Because when I go, it's not crazy crowded. It's very easy to get in and out, it's a very safe environment. I wouldn't take my kids if it wasn't. And so, I feel like more data on that would be helpful. I realize I'm late to the game here, so it may not matter. And on a decibel level, I get the noise from the neighbors, but is 45 decibels gonna get to the point where people don't complain? Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 58 of 59 We haven't measured that. We don't know that. And so, it feels respectfully, a bit arbitrary that we're saying 45 is the right level because we don't have any data to support that level. And so, I just really encourage, from someone who goes, the flow of traffic works, and make sure we're consistent. Because the parking, the intermingling of cars and equestrian use, you go by every farm that I drive by between here and my house, every single one walks horses back and forth and Carol, you probably know better, but that's a pretty common occurrence. I understand that the use of alcohol makes this more complicated. But let's be fair to them and the other farms in the area. And if we say that that's a problem, let's make that consistent for everyone. Because I appreciate that that is a safety concern. Um, anyway thank you. That's my first city council speaking, so I really appreciate you hearing me. Mayor Lockwood: Thank you. Thank you very much. We appreciate everyone that — that takes their time to come speak, no matter what their position. So um, okay. So, at this point, I — I'm gonna recommend that we have the uh, applicant formal offer to withdraw. And for Ken's legal advice, we can go ahead and accept it if someone has a motion, wants to make a motion to withdraw um, that would be my recommendation. Mr. Jarrard: Motion to accept the withdrawal would be in order. Mr. Longoria: Mayor, I move that we accept the withdrawal of Agenda Item No. 21-161. Mr. Moore: Second. Mayor Lockwood: Okay, I have a motion to accept the withdrawal from Councilmember Longoria with a second from Councilmember Moore. Any discussion? Hearing none, all in favor, please say — say aye. Councilmembers: Aye. Motion and Vote: Councilmember Longoria moved to accept the withdrawal of Agenda Item No. 21-161. Councilmember Moore seconded the motion. The motion passed (7-0). fl 1 1 1 Regular Meeting of the Milton City Council Monday, August 2, 2021 Page 59 of 59 ADJOURNMENT Mayor Lockwood: Any opposed? That's unanimous. Okay. We don't have any staff reports tonight and that will conclude our meeting, unless there's anything that Council wants to add or report on. Okay. I'll uh. open up for a motion to adjourn. Mr. Mohrig: Motion to adjourn. Mr. Jamison: Second. Mayor Lockwood: We have a motion from Councilmember Mohrig with a second from uh, Councilmember Jamison to adjourn. All in favor, please say aye. Councilmembers: Aye. Mayor Lockwood: That's unanimous. Motion and Vote: Councilmember Mohrig moved to adjourn the meeting at 8:34 pm. Councilmember Jamison seconded the motion. The motion passed (7-0). Date Approved: l9 , 2021 Mayor