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HomeMy WebLinkAboutMinutes - CC - 09/20/2021Regular Meeting of the Milton City Council Monday, September 20. 2021 Pac1e 1 of 107 I CALL TO ORDER Mayor Lockwood: I would like to call the regular meeting of the Milton City Council for Monday, September 20, 2021, to order. The city strongly recommends that you review tonight's agenda carefully. And if you wish to speak on any item on the agenda then, please bring your comment card to the city clerk as soon as possible. While the Milton rules allow a speaker to turn in their comment card 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 announcements? ROLL CALL City Clerk: Good evening, Mayor and Council. I'll be happy to call roll for the September 20, 2021, regular meeting. I would like to remind those in attendance to please silence all cell phones at this time. Those attending the meeting who would like to make a public comment, you are required to complete a public comment card prior to speaking on the item. Your comment card must be presented to the ' city clerk prior to the agenda item being called. All speakers, please identify yourself by name, address, and organization before beginning your comment. If you are representing an organization, you are required to complete — to have an affidavit 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 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. CM Jamison: Here. City Clerk: Councilmember Paul Moore. CM Moore: Here. 1 Regular Meeting of the Milton City Council Monday. September 20. 2021 Page 2 of 107 ' City Clerk: Councilmember Laura Bentley. CM Bentley: Here. City Clerk: Councilmember Carol Cookerly. CM Cookerly: Here. City Clerk: Councilmember Joe Longoria. CM Longoria: Here. City Clerk: Councilmember Rick — I'm sorry, Rick Mohrig. CM Mohrig: Here, I think. 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. I Councilmember(s) Absent: PLEDGE OF ALLEGIANCE City Clerk: Thank you. Would everyone please rise for the Pledge of Allegiance. [Pledge of Allegiance] APPROVAL OF MEETING AGENDA Mayor Lockwood: Again, good evening, everybody. We appreciate you being here. And with that, I will move on to the city clerk for please sound the next item. City Clerk: And that next item, Mayor, is approval of meeting agenda, Agenda Item No. 21-278. Mayor Lockwood: Okay. I'm — I'm not sure if legally I need to, uh, change the agenda or request but I'd like to. We do have some reports at the end of this , meeting and one being Community Development and, uh, to Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 3 of 107 recognize and introduce a couple of folks. So, if it's okay with Council, I'd like to do that before we move into our regular meeting. So, I'm not sure if I have to make an actual specific on the agenda. Mr. Jarrard: Yeah. If you could make a motion to — to add that to the agenda. Mayor Lockwood: So, I would — would like to add — would like to move Community Development presentation to the beginning of the meeting. So, do I have anything else on the agenda? Okay. CM Bentley: Mayor, I'd like to make a motion to approve the agenda as amended. CM Moore: Second. Mayor Lockwood: All right. I have a motion for approval from Councilmember Bentley with a count — with a second from Councilmember Moore. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley moved to approve the Meeting ' Agenda with the following amendments: • Move the Community Development Staff Report to immediately follow Consent Agenda Councilmember Moore seconded the motion. The motion passed (7-0). PUBLIC COMMENT Mayor Lockwood: That's unanimous. Okay. The next item is public comment. Do we have any general public comment? City Clerk: I do not have any general. CONSENT AGENDA Mayor Lockwood: Okay. We won't bore you on all of the rules on general public comment. So, if we can move on to the consent agenda if the city clerk would please sound that item — City Clerk: Thank you — thank you, Mayor. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 4 of 107 Mayor Lockwood: -- and then, if it's okay after the consent agenda — agenda, I'll ask 1 Bob to step up. City Clerk: Great. Thank you. Our first item is approval of the September 8, 2021, City Council meeting minutes. It's Agenda Item No. 21-279. Second is approval of the professional services agreement between the City of Milton and Mauldin & Jenkins, LLC for single auditing and advisory services related to federal awards, Agenda Item No. 21-280. Our third item, approval of an agreement between the City of Milton and New Providence, LLC regarding event sponsorship including use of Lecoma Trace for Crabapple Fest, Agenda Item No. 21-281. Our fourth item, approval of a professional services agreement with Pond & Company to provide engineering design services and construction administration for Morris Road widening, Agenda Item No. 21-282. Next is approval of a facilities, trails, and parks maintenance ' agreement between the City of Milton and Tri Scapes, Inc. to provide facility landscaping services, sport field maintenance, and park and trail maintenance services, Agenda Item No. 21-283. Our sixth item, approval of a Change Order No. 4 with Pond & Company to provide City TSPLOST Batch 1 design services for Hopewell Road at Bethany Bend/Bethany Way intersection project, Agenda Item No. 21-284. Our seventh item, approval of a professional services agreement between the City of Milton and Heath & Lineback Engineers, Inc. for bridge inspection and assessment of New Bullpen Road Bridge over Little River, Agenda Item No. 21-285. Our next item, approval of a professional services agreement with Geologic, LLC for Lackey Road Dam inspection services and maintenance recommendations at the Lackey Road greenspace property. It's Agenda Item No. 21-286. Next, is an approval of a janitorial services agreement between the City of Milton and American Facility Services, Inc. for janitorial services at the new Public Safety Complex, Agenda Item No. 21- 287. 1 Regular Meeting of the Milton City Council Monday,. September 20, 2021 Page 5 of 107 Our tenth item, approval of a Change Order No. 1 with Ash — Ashford Gardeners, Inc. for the right of way and Passive Park field mowing agreement, Agenda Item No. 21-288. Our next item, approval of a traffic signal maintenance agreement between the City of Milton and GTG Traffic Signals, LLC. It's Agenda Item No. 21-289. Our twelfth item, approval of a goods and services purchase contract with Galls, LLC for the provision of uniforms and related apparel for Milton Rescue — Milton Fire Rescue, Agenda Item No. 21-290. Our final consent item, approval of a subdivision plats and revisions. The name of the development is Deerhaven Preserve. It's located at 15060 Freemanville Road It's Land Lot 554 and 555 District 2, Section 2. It's a revision to the final plat. And the plat does supersede previously reported plat in Plat book 434, Page 22. Plat revises to — is revised to add one 2.09 acre lot for a total of 9 lots and delineate 2.84 acres as a natural conservation area. It is a total of 25.02 acres with a density of 0.36 lots per acre. It's Agenda Item No. 21-291. Mayor Lockwood? Mayor Lockwood: Okay. Do I have a motion on the consent agenda? CM Mohrig: Mr. Mayor, I make a motion that we accept the Consent Agenda as read. Mayor Lockwood: Okay. Do I have a second? CM Longoria: Second. Mayor Lockwood: All right. I have a motion from Councilmember Mohrig with a second from Councilmember Longoria for approval. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda as read. Councilmember Longoria seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 6 of 107 STAFF REPORT ' Community Development Mayor Lockwood: That's unanimous. And before we move into reports and presentations, I'd like to ask Bob Buscemi to step up for a minute. Mr. Buscemi: Mayor and Council, I just wanted to introduce two new staff members. Jerry, if you want to come up. Jerry, uh, actually, was, uh, working with the department for many months through [inaudible] 100:08:031. And we, uh — we picked him up full time. We've expanded his services to include transportation reviews and site — actual physical site, uh, work [inaudible] stormwater management reviews. Jerry, do you want to just introduce yourself please? Mr. Oberholtzer: Yeah. Jerry Oberholtzer, 1855 Penny Stone Way, Stonewall, Georgia. Uh, usually, when I come in front of the Council, it's on a zoning matter. So — so, I apologize. Sorry. I just want to thank you for the opportunity to come here. I've, actually, been working in Milton doing reviews now for almost two years. So, I really look forward to the opportunity to come on board, expand what we're doing. I'm going to be helping out with that. Thank you. I want to ' thank the City Manager and Bob for the opportunity. And I've been doing this for about 40 years. So, I look forward to spending another 40 years. Thank you. Mayor Lockwood: I'd say Jerry, welcome here. And you must have started when you were about 2 or 3. And you've got along — or a, uh — a good, uh, pretrial period with you here, too. But congratulations coming on. Mr. Oberholtzer: It's probably the longest probation period I've ever had. Thank you. Mr. Buscemi: Jerry is also a recovering mayor. Mayor Lockwood: We'll have to talk. Mr. Buscemi: And we put him to work. And — and the other staff I just wanted to introduce was Ron. He's our new Plans Examiner for the Building Department. And I can promise you after three months I've been with him, um, he's — he's really welcome on board. Uh, the nice part, Ron has, uh, worked every weekend since he started. And, uh, he has caught us up. We are — uh, I can honestly say we're up to date on all of our reviews and inspections. The Building Department is fully functioning and running well. So, it's a really nice thing and I Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 7 of 107 ' it's really — a lot of his credit. We've been really working hard to get that up there. So, Ron, do you want to come up here? Mr. Haynie: Hi. I'm Ron Haynie and I've been doing building department work for since about 2000. And I've worked in John's Creek, the City of Atlanta, Sandy Springs, most recently Park City, Utah. And I'm very pleased to be here in Milton. I'm grateful to Tracie and Bob for hiring me on. And I can't say enough about the staff that they've developed that I get the opportunity to work with. The Permit Techs and the Inspectors are excellent. They're go getters. They're not afraid. They're out there taking on all of the challenges that have been thrown out them so kudos to them. Mayor Lockwood: Welcome aboard, Ron. So, we're glad to have you here. Mr. Haynie: Thank you. I appreciate it very much. REPORTS AND PRESENTATIONS ' Mayor Lockwood: Now, you guys see why we moved it forward. I appreciate it, Ron. All right. We'll move on to reports and presentations. Tammy, if you'll please call the item. City Clerk: Thank you, Mayor. That first item is proclamation recognizing Constitution Week presented to the Daughters of the American Revolution — Patriots of Liberty chapter. Mayor? Mayor Lockwood: Okay. It's an honor to present this proclamation recognizing Constitution Week 2021. Whereas the Constitution of the United States, the guardian of our — of our liberties is a product of reflection and choice embodying the principles of limited government and republic dedicated to rule by law, not by men. And whereas September 17, 2021, marks the 230 anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. And whereas it is fitting and proper to accord official recognition to this memorial — memorable anniversary and to the patriotic exercises that will commemorate the occasion. And whereas Public — Public Law 915 guarantees the issue of a ' proclamation each year by the President of the Unites States of America designating September 17 through September 23 as Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 8 of 107 Constitution Week. Constitution Week, we, the city of Milton, urge ' all citizens to study the Constitution and express gratitude for the privilege of American citizen — citizenship in our republic functioning under the superb body of laws, the Constitution of the United States of America. Now, therefore, we, the Mayor and the City Council of the city of Milton, proclaim the week of September 17, 2021 through September 23, 2021, as Constitution Week in the city of Milton and ask our citizens to reaffirm the ideals the framers of the Constitution had in 1787. And this is presented to the Patriots of Liberty chapter of the National Society Daughters of the American Revolution. And this is given under our hand and seal of the city of Milton, Georgia on the 20a' day of September, 2021. And if Council would join me in presenting this to the Daughters of the American Revolution. [Presenting away from microphones] Mayor Lockwood: It's also an honor to have the, uh, Sons of the American Revolution with us tonight. And Tammy, if you would please call this item. City Clerk: That next item is a presentation from the Sons of the American ' Revolution honoring Milton Police Chief, Chief Rich Austin presented by Mr. Allen Finley. Mr. Finley: Glad to be back, Mayor Lockwood, City Council. Uh, my name is Al Finley. I am a member of the National Sons of the American Revolution, uh, who traces our ancestors back to the Revolutionary War. And they provided services to the formation of this country. And, uh, on behalf of the Piedmont chapter here, the local chapter, I'd like to honor your Police Chief. And if he will come forward please. I give you this proclamation and let me read it. Whereas Richard Austin has served as the Chief of the Milton Chief of Police since 2017 and Chief Austin was an effective leader of the City of Milton. And whereas Chief Austin steered the department through COVID- 19 pandemic and created a Chiefs Advisory Board to solicit valuable viewpoints from community leaders. And as Chief Austin revamped Milton's many policies, including use of force. And whereas Chief Austin is a strong advocate for training that utilizes technology — technologies that give officers tools to be more effective. And whereas Chief Austin took steps to enhance I Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 9 of 107 tprofessionalism that led to the Milton Police Department earning national CALEA recognition. And, therefore, the Piedmont chapter, Sons of the American Revolution along with the City of Milton commends Chief Austin for his significant service on this 20a' day of September in the year 2021. Al Finley, President. And here is a certificate that is for you. And if you would be honored, wear these medals on behalf of the National Society. Chief Austin: I appreciate that. Uh, I'd really like to thank the members of the Sons of the American Revolution for this honor. Um, this recognition is very humbling indeed. Uh, as I often tell folks, it's an honor and a privilege to serve this great community and this great department in this wonderful city. Great because we have a great deal of support from our citizens, our elected officials, and our fellow city staff members. I, certainly, know of no leader who has ever met with any significant success who did so without a team of dedicated individuals who are committed to the organization's mission, vision, and values. ' From our officers, our civilian staff, to our command staff, many of them who are here tonight, 1 thank each and every one of them. I thank them for their hard work, their sacrifice, and their dedication to this community. They are truly an exceptional group of men and women. And I count it a privilege to lead them and a privilege to serve this great city. Thank you. Mr. Finley: Thank you, Mayor. Mayor Lockwood: Thank you. And I'm going to suggest in a minute maybe after this picture that we get the chief and the — the Sons of the American Revolution as well as some of the other leaders in the Police Department to — to step up here to get a picture. And Council can stand up behind here. So, yeah. [Taking photos oft microphone] Mayor Lockwood: [Inaudible] [00:18:491, do you want to take the picture? Thanks for all — all that you guys do. Appreciate it. Thanks for being here. Appreciate you doing this. Okay, Tammy. If you would, uh, please call the next presentation. I City Clerk: Thank you, Mayor. That next presentation is the presentation of staff recommendations related to Chapter 4, Ms. Bernadette Harvill. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 10 of 107 %Is. Har\ ill: Good evening, Mayor and Council. This evening, we are going to 1 be discussing, um, Chapter 4 in general, um, not specific to any one item and discuss some of the content that we've seen that maybe needs some further clarifications to ensure that we are honoring the intents of the Council as well as addressing any of the concerns that have recently come up. This other presentation really wants to be seen first so give me one minute. Okay. So, there was our agenda for this evening. I think I'm on a little delay here. There we go. So, we're going to go over the purpose, um, chapter for licenses, which are currently authorized. We're going to talk about staff recommendations for administrative changes, staff recommendations for up — um, updates to the definitions, um, staff recommendations to each license type that we've encountered. And then, we'll cover any questions or additional Council feedback. I'm going to stop slide by slide to kind of have a moving discussion about where we are because it's a lot of information. And instead of waiting until the end to hear all of the feedback, I think it would be pertinent to be able to stop and hear what you have to say about each type. And then, staff is going to go back to the drawing board and address ' any of the concerns you have in a future amendment they will bring to Council to that ordinance. So, tonight is just about a discussion to see where the direction of Council is. Again, before preparing this presentation, I've met with the Police Department, representatives, community development, finance staff, as well as some of the event staff to kind of get to these, um, areas of topics that we've had questions about. And we've been over the purposes to clarify the language within Chapter 4 and potentially Chapter 64 to address actual intentions of the Council and addressing the concerns that Council has expressed in recent meetings. And we're going to start with this is our current license types that are allowed. We have off premise retail package. So, anytime you see off premise currently, it's, typically associated with a retail package sales to go. We have on premise licenses, which is, typically, what you see as consumption by the drink at the establishment. Underneath that, we have standard as well as limited. We have different types that fall under each one of those. We have our manufacturer licenses. In the City of Milton, we call them breweries and distilleries. You may see them just referred to as breweries by the state. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 11 of 107 ' We define them, specifically. Breweries would be your beer and wine. Distilleries would be your distilled spirits. Micro just means they're manufacturing smaller quantities. They have a reduced fee that they pay the city to have those. It's nothing different in what they're, actually, doing other than less quantities. Hybrid licenses, those are the manufactured and, um, consumption and retail sales, typically. So, a brew pub would be an eating establishment that also manufactures on site. Um, a farm winery license has the consumption, the wholesale, and the off premise sales as well. And then, we have — we have our add on and specialty licenses. So, those are for Sunday sales, um, doing catering off premises from your establishment, bring your own beverage, limited food service, um, restaurant — restaurant package sales, craft beer and our wine markets, crowlers and growlers, ancillary. And we're going to kind of go through each of these, get the feedback, and really try to clean this up to be a little simpler from an administrative standpoint to kind of get to the crux of what we're wanting to see within the City and then, maybe make a few license types that fit these as opposed to having all of these different categories. ' So, starting out with our recommended administrative changes or requests for feedback on those changes, I'm talking about reintroducing the advertising requirements. In the past, we had advertising requirements. Every time there was a license before you that establishment had to put in the newspaper for two weeks this particular ad that let the public know what type of alcohol they'd be willing to serve, where they'd be serving it. And if they were coming before Council on a particular time that they — the community could give their feedback on how they felt about that establishment being located in that specific place. In addition to the paper — the newspaper requirement, we also had the public notice outside of the establishment so when you drove by, you could see it. So, maybe you don't get the Milton Herald. You'd be able to drive by and see something was going on with those big standard signs that we see out there. Also, letting them know who was going to be doing the sales and what day and time they'd be before Council so if anyone wanted to come give feedback. So, that was removed back, I believe, in 2018. And so, we're looking to see if you guys would be interested in reintroducing that and requiring that once again for all of the different types of alcohol licenses. CM Moore: Would that be for new or change license — Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 12 of 107 Ms. Harvill: Correct. ' CM Moore: Not for renewals or — Ms. Harvill: Absolutely correct. And we'll go with the, um, standard assumption that once it's approved, unless something else changes and makes enough to come before you that renewal would be a standard administrative function. CM Jamison: Uh, Bernadette, when did we get rid of that and why? Ms. Harvill: So, the state stopped requiring it. CM Jamison: Oh, okay. Ms. Harvill: And then, we saw neighboring jurisdictions starting to, um, remove it. And so, Sarah, in her quest to make things, um, from an Economic Development perspective, a little easier on the businesses and consistent with the neighboring communities had brought that before you in 2018. CM Jamison: Okay. ' CM Bentley: So, I strongly support this as far as, um, going back to it, especially with all of our changes to Chapter 4, our Crabapple and Deerfield districts with residential areas close by, especially with the farm winery. Um, I feel like that — that sign on a tree in front of — we would have probably gotten a lot of really good feedback prior to instead of after and during. So, I strongly support reentering the public notification requirement. Ms. Harvill: Okay. Absolutely. So, if there is not any opposition, we'll just go ahead kind of in the next round of edits, we'll bring that forth to you. So, the next item we have from an administrative standpoint is the definition really or the understanding of what a liquor selling establishment is. Chapter 64 has warrant requirements. And in the Deerfield and Crabapple form base code under certain zoning sections, there is a requirement for a warrant for liquor selling establishments. The team has always, um, interpreted that as packaged off premises liquor selling establishments. We're kind of here to get the direction from Council if they'd like to see that to include both on premise and off premise liquor selling establishments. Again, a warrant would he that administrative, um, ' kind of the use conditions that the administrative end can put on it, Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 13 of 107 ' we are now bringing them before Council as well for Council feedback. You would be able to have further restrictions on maybe hours of sales, what else they could do within that store or establishment other than just serving and selling alcohol. And we just wanted to know if you intended it for to be packaged off premise or would you like to see it being both. CM Bentley: Bernadette. Mayor Lockwood: Laura? CM Bentley: I have a comment. So, with a warrant, you — you would have — that would be through the Community Development Director? Ms. Harvill: Correct. A warrant is administratively done through Community Development. We've been bringing them to Council as an extra step. CM Bentley: So, with that comes his expertise on development a community and having a certain, um, mix of uses within, you know — he — he would see if we were getting applications for, um, I don't know, five brew pubs in — in a row. And he would have the discretion to say, ' "Council, here's what I'm seeing," just as we have done with other ordinances that are new like tree ordinance. We said, "Hey, we see a problem here. Let's — let's intervene and let's fix it." Ms. Harvill: Absolutely. CM Bentley: So, I would support the warrant process for on and off premise. Ms. Harvill: Thank you for the clarification. Yes, sir. CM Moore: Can we just clarify? So, if it's warrant and — then the — the final decision resides with the Director of Community Development. So, it's really just an advising of Council the intent of the direction that the Director of Community Development is going to take. Ms. Harvill: Correct. And, um, Bob Buscemi has been using it as an opportunity to also bring these concepts before you to get some feedback from you as well in making his decision. CM Moore: Yeah. With that clarification, I also support [inaudible] [00:28:041 and do for both. Mayor Lockwood: Anybody else? Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 14 of 107 Ms. Harvill: And then, I just kind ofhad a question about maybe having a blanket statement about — I've seen it in some other ordinances we've been doing this research prohibiting sales of certain types of products or activities within anywhere that sells liquor. So, instead of it needing to be listed ever — it could be — so, if we did the warrant route, we could have maybe a boiler plate warrant that restricted all of these things and then, we could tailor them. Or we could just put into the ordinance itself you cannot do these things if you're selling liquor. CM Mohrig: And the list that you included was pretty comprehensive. And there wasn't anything on that list that I would say needs to come off the list. I think it's a good — it's a good list and there may be other things that we'll explore in the future. And I think it should be just a standard boiler plate. It does not need to be considered on a one off basis. CM Bentley: Can you — Bernadette, can you add fireworks? Mayor Lockwood: Good point Ms. Harvill: I certainly — I certainly can. CM Bentley: I'm just kidding. But yeah, the list, I thought it was good. CM Longoria: Bernadette are there any —1— I didn't mind the language or the items that were in that list. Are — are any of those things done today and so would us approving this list change behavior that exists in some of establishments today? Ms. Harvill: Not ours but we have seen this at other neighboring jurisdictions where you can go and have these things occur. And we were like maybe this is something we want to mention. We are not allowing, if that was your vision. Um, so while we only have a few, um, liquor selling establishments here, they don't do this. I could see a package store may have also tobacco products, CBC products, and vape products. CM Longoria: Right. That was probably the one that I was most worried about because it wouldn't be unusual, I think, for a liquor store to sell cigarettes as well or — or some other kind of tobacco. We already outlaw vaping type products. So, I wasn't worried about that. The CBD thing, I'm, uh, you know — I'm still confused over where that's headed. But — J Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 15 of 107 Ms. Harvill: So, we can make — we — we can go back to the drawing board and tailor this list a little better. Um, but, typically, we would see it just — maybe we're thinking when you walk in, you're just getting your liquor at the store. And it's not becoming slash convenience and other kinds of things. No. CM Longoria: Well, my concern is changing something that could be some type of a revenue generator for an existing business. Ms. Harvill: Oh, correct. We will research all of that — CM Longoria: Okay. Ms. Harvill: -- specifically, before bringing any changes. And, again, typically, we're seeing these types of products maybe at a convenience store where they're not selling liquor. Liquor is, typically, in our package stores where we're not seeing this currently. But I will vet that out before we — CM Longoria: Okay. Ms. Harvill: Everything we go over this evening, um, will he vetted. And I will mention if there will be a business that I do know of that, um, it may impact — CM Longoria: Okay. Ms. Harvill: -- or a pending application. So, I'll try to mention all of those for you. CM Longoria: Thank you. Ms. Harvill: Absolutely. So, we'll look at that in creating some language that — um, and we'll take into consideration some of the ones that may not be of concern to everybody. So, then we had this section about alcohol consumption near retail package stores. This language currently, um, is — is — the attempt is to make sure — Mayor Lockwood: Excuse me, Bernadette. Can we get — Ms. Harvill: Give me one second. Okay. Excellent. So, currently, this language is talking about not being able to leave the liquor store and open what you just bought there right outside the store. We also have this doubled up again in the open container districts specifying what kind Regular Meeting of the Milton City Council Monday. September 20, 2021 Pace 16 of 107 of containers those types of drinks can be in. And you have to get 1 them at a retailer such as an eating establishment in those 16 ounce cups and things like that. So, we just wanted to reiterate some clarification that there was that exception for the open container districts specific to those outlined things that you still cannot open up your drinks that you bought at the package store outside. So, we're just looking to make sure that we're all on the same page and that we can clarify those things to make the police enforcement a little more clearer. I want to help these — moving on. So, we're out of the administrative and kind of moving on to the definitions. And we'll go through these one by one. I've been working with legal. Adjacent, that term comes up several times throughout our ordinance. So, this is kind of a guidance that we're getting. And we may have to change that word or use it differently as opposed — because it comes up with the understanding of zoning boundaries in addition to buildings and structures. So, we might have to have one or two different things or tailor it within certain sections of the law. Um, we're looking at adjacent meaning the abutting or bordering vicinity of a structure or boundary , not to exceed beyond 20 feet from the approved structure or boundary in any direction. This is where we kind of talk about those tasting rooms that you may see at a farm winery and talking about where the consumption could occur, your patio sales for these types of places, and talking about making sure that the definitions are tailored specific to those different organizations and where you wouldn't be able to leave the building that serves you to where you can consume. Does anyone — and 20 feet is kind of, um, what we came up with as a team as a meaningful amount of space for them to have tables, chairs, and things like that and have people walk around and not be kind of on top of each other. CM Moore: So, Bernadette, we were discussing some of those distances within the more recent case. We had talked about 15 feet. But in reading some of the examples we gave the surrounding cities, it appeared 20 feet seemed to be more commonplace. Is that the reason for our moving to 20? Ms. Harvill: That number is what we settled on when we kind of assessed where we thought a patio would be. We can go back to 15 if you'd like and trying to give the walking space. I know, originally, 15 was thrown ' Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 17 of 107 out there. We settled on 20 but by no means couldn't we go back to 15 if that is the desire of the Council. CM Moore: I think it's — um, I don't think it's something we need to fall on our sword over. I mean — Ms. Harvill: We kind of measured it ourselves with the walking and then, felt like — CM Moore: I think 20 is probably just fine. I just wanted to — it is consistent with some of the surrounding communities based on the information you provided to us. Ms. Harvill: I don't know that we're seeing this defined that specifically anywhere. We are looking at the Milton clarification to have this defined. So, that is not one I've seen — CM Moore: I think I read it — Ms. Harvill: -- and I can look further but I've not seen it by the feet like that other places. CM Moore: I think I read it in the information you provided to us either in John's Creek and/or Alpharetta. Ms. Harvill: I'll have to go back and check again to make sure. I apologize that offhand, I'm not remembering the feet. CM Moore: Well, 20 doesn't seem unreasonable. Ms. Harvill: And so, on the next one, alcoholic beverage caterers, we're just looking to clean this up and clarify a little better. So, what this is anytime someone wants to serve the alcohol that they're allowed to serve on premise off premise at an event, we are looking — some sections said that you could be an on premise retailer or an off premise retailer. And we're just looking to clarify that they can be either/or in the definition. Cleaning up the definition to address things that are said later in the ordinance. So, that would mean someone who had a package store or an eating establishment could be the vendor that would be the caterer at a special event or a catered event. Also, looking to include these other types of events that aren't currently contemplated within our ordinance. So, it would be, a public function on private property. We have some large properties Regular Meeting of the Milton City Council Monday, September 20. 2021 Page 18 of 107 that have public functions that are — they don't impact us at the level to become a special event. So, they kind of fall in this nether region where they can't have alcohol and sales currently because they're not a private function on private property or special event. So, we're looking to see, based on the feedback, if we can have — then, we'd have a tailored catered event permit for each one that the city would have to approve to authorize that event. But it just wouldn't be to the level of going to zoning, lease, fire, public works for a special event. Um, and city sponsored events. Our own events we throw, we just wanted to clarify that every one of those would have to have licensed caterers serving at them. CM Moore: Bernadette is one of the clarifications there or one of the, um, hurdles the fact that it is, um, liquor for sale at the catered event? Or if it's a — if it's liquor that is being offered at a private event but does not rise to the occasion of a special event, no issue there, correct? Ms. Harvill: They are still a private event on private property, still supposed to get a permit from the city to serve there. CM Moore: Okay. Regardless of whether the liquor is for sale or for free? Ms. Harvill: So, it —the definition says serving —selling includes serving offering and this — and those types of things. So — and we can — I can do something where we can clarify what a private function on private property means. So, maybe it's like not your friends gathering for dinner, right. Um, so we can further clarify that and make sure through legal if it has to include the serving or just selling. So, maybe we need to talk about making that say for a fee. CM Moore: Well, I'm not so sure I want to make it just for a fee because it could be a charitable event. And then, there wouldn't necessarily be a fee. There would be your contribution to the cause. And if alcohol is included — the reason I'm just asking for clarification is I want to make sure if it's something sizeable that the city has a chance to weigh in. Ms. Harvill: Okay. Absolutely. So, I will take that feedback into consideration to make sure we tailor that, specifically, to ensure that we are capturing the events that we would be concerned about. CM Moore: Yeah, thank you. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 19 of 107 ' CM Cookerly: But Bernadette, it excludes all private parties, correct? Because there's nothing being sold. Ms. Harvill: That's what we're saying is, uh n— CM Cookerly: That's where we're blurring the line there. CM Moore: Yeah. Ms. Harvill: So, I would have to make it very clear. So, I will go back and ensure that we are not overstepping into people's private realms but capturing somehow if it's for some type of event that's — typically, your charitable events would be open to the public but you can have closed ones. So, 1 will work with legal to ensure that we are trying to capture that fine line between your own party and this type of thing. Absolutely. This is where it gets very — and so, when people come to apply, this is very complex so we want to make sure we're very clear. Um, on the bring your own beverage, it currently allows two circumstances. So, bring your own beverage is when you have an establishment and ' someone can bring their own alcohol in. They open it, consume it, it's not the establishment doing that. Think of your paint and sit places. So, our ordinance also allows for, in certain sections, an eating establishment to also have that. I'm not sure. Um, that holds — that currently holds a consumption on premise license. I'm not sure, typically, why if you already sell your own alcohol, you'd want someone else to bring their alcohol. But it is what is allowed. Just clarifying we still want to continue that. And if so, I just need to clean up the definition to make sure that it's understood that it's for either type of establishment. And I'm going to go through the ordinance and clean it up because it shows up like five times to explain these differences. And I just want to kind of pile it into one section and clarify what's allowed and the hours it would be allowed at each type of establishment should you still be behind it being at both a place that has no liquor selling capabilities and a place that does. CM Moore: And just to clarify, again, Bernadette, sorry for continuing to be sort of the — the thorn in your side on this but today, the BYO is beer and wine only. And you're using the word alcohol in your description just now. That's not intended to be wine — or not intended to be I sptnts Regular Meeting of the Milton City Council Monday. September 20. 2021 Pace 20 of 107 Nl s. Han it I: In its section, it is clearly defined. There is one caveat that has some allowance for liquor and we're removing it. Um, when there was something about a party being so large and, uh, we're just removing it. The intent was beer and wine only originally. We're cleaning it up to make sure it meant beer and wine only. CM Moore: Okay. Ms. Harvill: We just want to make sure that you're okay with having them at establishments that are — AR workshops is one of our examples. They don't have any other liquor license or alcohol license. And they have this one. Matilda's has this one as well. We couldn't find on the record, anyone that was on premise consumption license holder that had it. So, we offer it but I don't — like, again, I said I don't know that any of these restaurants would want to let you bring in your own when they're trying to sell it to you. CM Jamison: Yeah. There are some times where like a steakhouse will let you bring in your own wine and they — they — they — Ms. Harvill: Okay. So, that's maybe exactly why we have that in there. And I believe we talked about having a cork and [inaudible] [00:39:411 one time. Maybe I'll clean that up to ensure that it talks about that for the restaurants' sakes. So, just we'll clarify that and clean that up a little bit. Um, an events facility, this is, um, two simple fixes. It — it defines the word as events facility and then, continues to refer to it as a special events facility. I just want to clarify that those mean the same thing. And also, um, under Chapter 64, prior to having rural or agricultural event facilities, we had a conditional use permit for these festivals or events, outdoor/indoor conditional use permits. So, we are having some establishments that don't technically have the rural or agricultural event facility permit that may be of consideration just by the timing in which they got there is that if you'd like to allow them to be special events facilities, we'd like to clean up that language to allow them to have that opportunity as well. Um, we have a particular property, I don't know if Bob has the address or anything that we need to give out, but that has this older conditional use permit provided by Council that in today's timeline would have been a rural or agricultural event facility instead of having to come back and get the new conditional use. Just if you wanted to allow them to be considered for alcohol purposes event facilities. CM Mohrig: It seems okay to me. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 21 of 107 Ms. Harvill: When we bring the ordinance revisions forward, we will bring, um, maybe a list of the properties so it would be clearer so there won't be any kind of confusion about that. But I just wanted to make sure that if we're going in that direction, we'll get all of those permits together and explain to you exactly which ones they are. CM Bentley: That would be helpful. Ms. Harvill: Moving on to some of the other definitions we had, we have a freestanding vendor definition. Um, it was kind of a little more open than I think staff had contemplated. It was talking about allowing these kiosks, carts, and temporary structures to sell alcohol within any of the open container districts, um, or special events. We're looking to tailor that a little more and say that you have to be at a permitted catered event, special event, or city sponsored event. So, then you wouldn't have a kiosk pop up, um, in a parking lot. But our open container districts are, basically, all of our commercial districts. So, we don't foresee anyone wanting a kiosk popping up maybe in the parking lot of one of these establishments. So, we kind of I tailored that back to having it at events only. So, those are your temporary — these new things that we're seeing is like a lot of these little carts that have beer taps on the back, things like that. CM Jamison: But that would be similar to Crabapple Fest where the city is involved. Someone already has a license. They could in fact then serve and — and have a — like a beer — a beer truck come in. Ms. Harvill: A beer moped we've seen, yes. Um — CM Jamison: I'm just thinking of events in the past that we've had right in this area, in this district. Ms. Harvill: And now, we were — we were offering to allow them at the catered events as well. So, if somebody had a catered event approved by the city on their own property to be able to allow those types of things, too. Um, I've been working with Anita Jupin on the definition of these special events and kind of clarifying and bringing some exceptions to normal rules to events that are permitted. So, this would be one of those long free standing vendors at a special event. Um, there are bartenders that are allowed in other jurisdictions. Since we don't have bars or bartenders, we would correlate this right back to having to have a caterer license. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 22 of 107 You would have to have that off premise catered license from your ' home jurisdiction or Milton to be able to do this. CM Moore: Bernadette, just to clarify that what you just said so a bartender who has a pour — pour license — Ms. Harvill: Mm-hmm. Couldn't just get a truck and come here and do that. CM Moore: Okay. Ms. Harvill: The establish — unless you'd want to give us guidance to look into that from a legal perspective. The vision we had was that these licensed establishments that have paid and been vetted for the off premise catering licenses would be able to then come up in any type of vehicle, basically, or, um, setup to serve from. CM Moore: But their servers in a — in a roll up truck or cart would require a pour license? Ms. Harvill: Absolutely. So, yes. All — and a caveat in state law is anyone serving through these catering licenses has to be 21. So, you could be 18 in the store but you have to be 21 off premise. So, we kind of have all of those rules that we have vetted as well. ' CM Moore: Okay. Thank you. Ms. Harvill: Yeah. Um, under the Georgia farm winery, we were looking to just add a little sentence that explained, um, for anyone applying that they would need to be in compliance with all provisions of Chapter 64. So, should Council want that to be by right or by conditional use permit or anything else in the future that they just know when they come in to apply for alcohol that it's just clear that they have to also be in compliance there first so then, we don't have any confusion over that. CM Bentley: Um, I would — I would add — okay, so every year, they have to reapply and that they must also be in compliance with the state and federal requirements. Ms. Harvill: I have an entire section a few slides later about farm wineries. And it, specifically, goes into that. And I will cover that, um, again, in a moment. And it requires them showing the current and as well as the renewed in January. CM Bentley: Okay. And they - I Regular Meeting of the Milton City Council Monday, September 20. 2021 Page 23 of 107 Ms. Harvill: So, it's a little different. CM Bentley: -- provide all of that information. We don't have to go search for it. It's provided. Ms. Harvill: Correct. We will set up, um, an administrative process to ensure that we're checking in but it wouldn't be our responsibility to go search. CM Bentley: Okay. Ms. Harvill: Absolutely. So, yes, I will come right back to that. CM Cookerly: Bernadette, excuse me. Before we leave farm winery and I don't know that this is covered elsewhere, when we talk about tastings and also for sale, is it treated just like a bar in that if you see somebody who is visibly intoxicated, are there any limitations on how many tastings you can have or how much you can buy at a farm — Ms. Harvill: So, tastings are restricted. Consumption on premise is a little different. Um, we can talk about adding those restrictions in. We haven't to — to this point. So, it would be the normal standard Georgia laws that they do have regarding visibly intoxicated people. There are laws about that that are standard. Milton doesn't have any additional restrictions. Mayor Lockwood: So, Bernadette, where did 1 read in the process — uh, was it in this presentation where beer was like up to — Ms. Harvill: Yes. When we get into the actual — so, I have — these are just the definition section and then, I break these down later into the actual tastings and farm wineries and things like that. CM Cookerly: I remember something like that. Okay. [Crosstalk] Mayor Lockwood: It's different for beer and wine than it is for, um, uh, spirits. It's like 2 ounces for spirits — Ms. Harvill: And we have a little bit of— I need a little feedback from the farm winery, brewery, distillery, um, section. So, when we get there, we'll kind of go into that. I'll — I have proposed separating those from the package stores in the ancillary section. So, we'll get into that. Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 24 of 107 Mayor Lockwood: Okay. ' Ms. Harvill: I've also — so, here you'll start seeing the tasting rooms. So, I'm asking to clarify tastings that occur on winery property versus tastings that occur in these breweries and distilleries by calling it a tasting room at the winery. So, we always know every time we hear tasting room, you're referring to a winery. And if you hear tap room, you're referring to the establishments that do the brewing and manufacturing, um, from the brewery's distillery section, the brew pubs because it's just going to be clearer for staff to understand what would he allowed at that point. CM Jamison: To bridge off of what Carol said so if you had — you had people who, actually are serving flights or they're, actually, serving, um, glasses of wine or whatever, are they required to have a pour license? Do they need to be fingerprinted and all that other thing? Ms. Harvill: Yes. CM Jamison: The same restrictions we have for restaurants? Ms. Harvill: Absolutely. Everyone in the city who is a manager, owner, um, partner in the business has to have it — a background check and then, , in addition — which is kind of already giving you the pour license for that year. And then, the pourers who just work have to have it and those are good for two years. CM Jamison: Okay. So, that way, we still — you're doing background checks and making sure you know who, actually — Ms. Harvill: Absolutely. CM Jamison: That — that would help also to understand what's intoxication — Ms. Harvill: I believe it's spelled out handling, ringing up like everything to do with alcohol. I think even if you're taking — I can make sure it still does. The old ordinance had it to the specification that even if you were, um, doing the ringing up in the cash register for alcohol, you had to have that license. CM Jamison: And I think that makes sense because then, people who, actually, are pouring, if we're going to talk about making sure people aren't intoxicated or too far gone, you've got people that, actually, have been trained and certified. I Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 25 of 107 ' Ms. Harvill: Absolutely. So, just clarifying, again, that the tap room is for the slight — those tastings that are on premise with the distilleries and breweries. And then, defining what a flight tasting is and, basically, I just tied those quantities right back into what our current license allows, which is the 2 ounce samples and then, 4 total for 8 ounces of beer or wine. And then, the liquor is four half ounce samples for two ounces. I'm looking into, um, whether or not the state changed it from having one type of consumption a lot of the time and not having these proportional combinations. So, if— I may just strike the proportional combinations and say you can only have the one type of alcohol if the state has that. CM Jamison: Are we going to — are you going to cover a little bit further, um, ancillary uses and how that ties into all of this? Ms. Harvill: Absolutely. CM Jamison: Thank you. Ms. Harvill: And I have some recommendations that I'm going to get your feedback on regarding it. Is everyone good with these definition ' directions? Okay. Um, so here, we're moving on now to the license types. So, now we're going to get into this kind of type by type. So, everyone get ready. It's quite a bit of information. So, I'll just try to start with our standard consumption on premises. This is your beer, wine, liquor license. You can consume we're calling it standard. Currently, um, I believe we have a few mixed uses within that category that should be in the limited section. So, we're proposing to clean it up and go back to standard meaning those things we always assumed were standard. Your eating establishments that are 50150. Your hotels, your private clubs, sports clubs. Um, golf — golf courses should be in there as well. So, things like that just as, um, having the old standard. Anything that was currently under that definition that has restricted quantities of food or restricted hours or retail space to just move them to the limited and make it clear for staff administering it. Um, also talking about adding a definition for the senior facilities, they don't quite fit under most of these. So, they're not really private. They're open to the public and kind of getting them into compliance from a perspective of them being able to serve alcohol at their establishments. Uh, we're looking if you, um, are okay with those types of sales to include a definition and a category for them as well. So, here are Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 26 of 107 some of the categories that were under the standard consumption or are under the standard consumption or current ordinance that we're looking to move to limited. I have some of these in much more details in a moment. But city food markets are, basically, your craft beer and wine markets without the on or off premise sales [inaudible] [00:50:041 the package part. So, these are mini grocery stores is what we're — when you read the definition, it is, basically, you have to have a certain number of sales, a certain square footage. And they're larger than most of our spaces that are here. So, we can either talk about combining them and making one limited license for establishments that have prepared food and meals and groceries and whether or not they do package retail or not in the future changes and just kind of striking all of these individual definitions. Or keeping it that way and keeping it with these very strict things that may — we may only see pop up in the future because they were so — so much larger and didn't really fit in our downtown currently. They may fit in some other establishments that they start building out. So, that's that city food market. Then, you have your free standing vendors. We've already talked about them. The little mobile units. We're looking at just putting ' them with — they're currently under that standard. I just want to strike them from standard and make them only for the events, the approved events. Food hall cafes, um, I have an entire slide on them to explain what they are. I — I still need some feedback on whether or not this is still of interest. Um, and if so, some recommendations on if we want to put them under that limited consumption. So, these are very specifically defined establishments. And the way I liken them is, um, I call it like a food court in a mall. So, you'd have a bunch of places within that same area that had food and they have to be contiguous. And you can see they have to be so many percent of the area is dedicated to food and stuff but they would team up. So, your alcohol place, maybe your tap place, would team up with an establishment that serves food and get their quantity ratios through that teaming up and they couldn't do multiples. So, if you had a larger establishment wanting to come into one of our rezoned areas — uh, redesigned areas and do something like this, would we still be for this? And then, I'll go clean it up a little more to make sure that we're okay. And I'd make it limited. We would propose that because they're not actual purveyors of the food maybe to do that 10:00 closing or ' maybe do a midnight closing instead of 2:00 a.m. Kind of have Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 27 of 107 ' some different rules for places that aren't doing their own food but have teamed up for food. CM Moore: If it's under one roof but there's multiple kiosks under the roof. Ms. Harvill: This particular one, it is one shared — it — it has a shared common area. This is a little different than a roof. I want to talk about that in a moment. I'm going to go into that one moment. Don't lose me on that one. But this one is about when you read the food hall cafe, they're the location within this common shared area. I — I would like to clean up the definition a little more. But when I'm seeing it, I would think like a food court. Are you comfortable, I guess, with the idea that if they had a shared courtyard — CM Bentley: Can you give us an example of that? Ms. Harvill: I'm — I'm thinking Avalon in my mind. CM Jamison: I was, actually, thinking something like Ponce City Market. CM Moore: That's exactly what I was trying to think about. Ms. Harvill: So, and I know Sarah went through these and had specific images. I just — we need to clear it up a little more for what would be potentially possible here. Um, but yes, exactly. So, I have not been to Pond's but I was thinking more like similar — it potentially could be like an Avalon. Um, we have a courtyard on in a minute that sounds very similar. So, I want to go over that one as well. But, basically, I'm going to clarify it a little bitter to not have all of these specific definitions but just saying that you could team up with, if you were contiguous — so, we've seen this request from other places but we want to define where are you comfortable with potentially teaming up food from another establishment with a drinking place that stands alone. CM Bentley: So — so, are you envisioning — is this something — I mean, the magnitude of this. Is this — is this like one in Crabapple or is it — 1 mean — Ms. Harvill: I wouldn't say it really — this particular definition of a food hall would fit in here. It would be a tract of businesses that are all contiguous sharing an internal shared space to eat at. That's how I'm ' seeing this. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 28 of 107 CM Jamison: It would be a — I'm sorry. ' CM Cookerly: Excuse me. Individual licenses. Ms. Harvill: Right. CM Cookerly: So, we're just talking — you're just asking whether we care if they share common consumption area? Ms. Harvill: Right. CM Cookerly: Okay. Ms. Harvill: And we've seen — we do have a current one that's down here in Crabapple. And then, we were talking about in that circumstance, are we okay if they're in the same premise. So, that would be inside the same building. So, currently, we have these rules that make it sound like the establishment itself, the licensed establishment needs to have these 50/50, 70/30, 60/40 ratios. Are we comfortable with if it's all in the same entrance and enclosed in the same building to have shared sales? So, maybe this particular business isn't versed in selling food but they can team up with someone that is. , Are we comfortable with allowing as long as they're in that same building them counting their food ratios as part of their overall sales for the — it's the premise? CM Moore: So, when you say same building, Bernadette, that could be, um, food on the first floor, bar on the second floor. Ms. Harvill: Well, in my mind, we have to talk about tailoring it properly to not — to avoid the things you don't want. But I'm thinking about when you walk into like Kathleen's Catch right now shares a space. They are considered two separate ones. Would you be comfortable in that particular instance to consider their sales together should he want to do something different than what he's currently doing? CM Moore: Right. That's different. But with your description a moment ago of it being a building, you — you could have what I just described, which would not, in my mind, not be acceptable to me. Mayor Lockwood: Could you — could you — and 1 see your point, Paul. But in reality, the whole reason for this is, you know, you want to have not just alcohol consumption and just a bar but have food consumption and ' then, your — you know, but sometimes now people are separating Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 29 of 107 those out. And maybe the — the business supplying the alcohol, they hire somebody else to do the food, which you get the — the same net result But to your point, somebody had a two-story building and said well, we're doing a bar here and food up here, blah, blah, blah. CM Moore: Yeah. They could have different hours of operation. They could have different staff. Mayor Lockwood: But I'm wondering if you can — you could probably tailor that to have to be in the same area or something — [Crosstalk] CM Bentley: The same suite maybe. CM Jamison: You can't separate them. Mayor Lockwood: Yeah. And that I — CM Cookerly: Do they have separate leases? ' Ms. Harvill: I would have to — I can tailor it to however you'd like. CM Cookerly: Or if they have separate leases then that — that's problematic. CM Bentley: That's not going to work. Mayor Lockwood: You could probably monitor more by master lease and then, it would just be a business agreement between the vendor. Ms. Harvill: Maybe subleases under a master lease. CM Cookerly: But if you have to go over here for food and over here for liquor, you're creating a bar. And I don't know what else to say. So, I think — I mean, it kind of feels like we're getting close to a [inaudible] [00:56:061 here, um. CM Moore: I mean, I — I — I personally I don't have a problem with it as long as they're — as long as they're somehow tied together to where if the eating establishment goes well, the alcohol establishment goes, too. CM Bentley: Unless they replace one within so many days. I Mayor Lockwood: Right. You know, well, like we had talked about that is that the other requirement is you have to have the food serve here, too. Now, if Regular Meeting of the Milton City Council Monday, September 20, 2021 Pane 30 of 107 you, you know, for three years have a barbeque restaurant in there ' with it but then, you decide to change it to something else, you can do that. But you have to have that — you have to have the food as part of the business. CM Cookerly: Right. But the difference is we're saying what you have to have. What does the patron have to do? Does the patron have to buy food? If the patron doesn't have to buy food and they can — they can just buy liquor then, yeah, right, it's unenforceable. [Crosstalk] Mayor Lockwood: So, that's just like going to a restaurant. You don't have —you know, you can buy one or the other in a restaurant, too, or a bar. CM Cookerly: But — but who does — who does then the justification to see if, at the end of the day between the different establishments — uh, I just think it's getting very complicated. Somebody has got to look and see how much food — what is the percentage of food sold and then — Ms. Harvill: We would do these ratios within the establishment and then, they would have to turn in receipts and we can look at having, you know, ' a company that, actually, would go in and audit these types of licenses then at that time. CM Moore: Do we have someone actively going to do a food hall right now? Ms. Harvill: No. Um, these are some of the concepts that the last, um, drive of recruiting businesses had brought in. Uh, we did have one at that time that, um, if you go back to listen to Sarah's presentation, she mentions one that was — and I don't know what happened or why it didn't but she mentions one, I believe, that was going to come in. CM Cookerly: Well, I'm — I'm personally not in favor of something that creates overhead for us to have to go and — and monitor at that length. And — and then, I think it creates problems down the line is if one goes out of business and then, who comes in and whatever. I — CM Moore: Now, is this separate from the brewery and the barbeque place? Ms. Harvill: So, this particular one is a little different because of the way it's defined. And, uh, I'm not finding many of the things here that are qualifying. Um, the brewery that has the shared courtyard and things could potentially fall under this if we tweaked it a little bit. With ' them, we were just talking about in general. So, we have a brewery Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 31 of 107 ' and distillery that came in and applied. I have the owner here to speak if anyone — um, at the end, uh, if he has put in a comment card. And so, originally, when he first came up with this concept, we only allowed this type of manufacturing in T5. So, they did all of their architectural design and everything. He put all the equipment in the T5 building and they have two buildings. And then, Council approved it to be also in T4 open, which is the other building right next door that happens to be in that zoning district. Um, the concept was already being built. So, now he's trying to figure out what he can do with his other building because he originally thought that he'd be able to brew here and have them go over and consume next door as one premise because the federal government defines that as a premise. But our premise is within that building. So, if we were to allow these concepts, we'd have to either tweak the definition of premise, tweak the definition of a shared space being allowed or allow the ratios from another restaurant to be allowed. So, we have a few things to think about on that particular — and I'll let him speak at the end, um, to kind of give you guys an understanding of the concept. CM Jamison: And — and in that case, there would still be a food requirement? Ms. Harvill: But they — in their second building, they do have a sublease, um, their part and then, they have the part with another restaurant that would be selling food there that doesn't have alcohol sales. We're talking about if you would be open to combining their sales within that building to qualify for the ratios. CM Jamison: But you'd have one place where you could order and get your food. And then, if you wanted to get a beer or whatever then, you would go right next — Ms. Harvill: Somebody brewing and manufacturing in this one building. And you can buy packaged to go there, do other — you can drink onsite there because that's what's allowed in a brewery. But they would also be able to drink the same brews that they manufacture right next door in that other building or the courtyard, which currently isn't — CM Bentley: The restaurant and the — and the bar are combined, um, yes. ' Ms. Harvill: Where the food is at. So, just by the definition of our premise, it's Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 32 of 107 not allowed. If they had it all going on in the one building, it would ' be allowed anyways without the food because they're a manufacturer. So, we could talk about making contiguous conception — uh, exceptions for certain types. If you'd like to look at that, um, yeah. It's very — that's why I just want — I'm trying to get to the crux of what Council is really in favor of so I can rewrite it. CM Longoria: Simple is always better. Ms. Harvill: Um, but here — we live with this one, so. CM Moore: Simplify right now means no bars. And that's what we're — if that's what we're after then, that's real simple. CM Longoria: I'm pretty sure that's what we're after. CM Moore: So, keep that in mind. CM Cookerly: I thought this was a stretch. That's the underlying theme is no bars. Ms. Harvill: So, just getting — so, absolutely. So, I will go back and we will look , at — so, this is there so we will look at editing and removing in that next one that comes before you. Along the same lines, we may not even need to have this conversation, um, is this courtyard market. This to me sounds more like maybe an Avalon business. But it's talking about licensing the property manager. And staff has just said that we're not really sure, um, that this was the intent. So, our proposal would be that the establishments within this kind of, um, zoning development would have to individually be licensed or they could have events as what would be approved under our special events or catered events listing. And then, people could conform to those if they would have anything within their shared spaces. So, you'll see when we bring before you, um, the special events changes the new definition for privately owned public spaces, which I believe this courtyard would be and our green would be. They'll be treated a little differently than our standard special events on other property. So, we've been talking about making those to be able to have a few more and have a different, you know, restrictions. And I believe this would fall under that, in that case, and we can kind of get rid of this licensing the manager of the property to have freestanding vendors and things like that. I Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 33 of 107 But I just don't know what was contemplated when it came forth. Is everyone okay with maybe tailoring it that way? CM Bentley: As an example just to kind of picture this, um, back when Sarah presented this back in December of 2020, 1 think, or ' 19, um, she used the example of courtyard market as Shops at Buckhead if you've been to Shops at Buckhead. It's, um, a nice looking establishment. Um, but it looks like it's kind of the same general feel where they have the shops that kind of surround the parking lot and maybe some — some things within the parking lot, establishments within the parking lot and the whole thing, courtyard market. CM Jamison: It's like Avalon. CM Cookerly: But it — so, what are we — what would we be endorsing here? Consumption, walking around? Ms. Harvill: Under this — no, under this current allowance, they — you are licensing the property manager as opposed to the individual establishments. And they could have freestanding vendors. I'm trying to remember exactly. Um, and, basically, they're licensed to ' sell the alcohol. So, we were just thinking maybe the establishments within the courtyard market, within the Avalon type facility would each individually need to meet our requirements to have an alcohol license. And then, the only exceptions to that would be events that were held on the — on the property — the property that would have that internal kind of little — you've seen the turfed green at Avalon and things like that. They could have events there but it wouldn't be just freestanding vendors allowed to sell out there. CM Cookerly: I would really like for that to come under the scrutiny of Council on —ona— CM Bentley: Case by case. CM Cookerly: -- case by case basis. I don't — I don't see that as — as something that I personally would want to commit to code. But that's just my — CM Bentley: Or can — is that something that can be done by warrant? Ms. Harvill: Well, a courtyard market from the perspective of the — you know, ' the development side, um, could be. But alcohol isn't a warrant — a warrantable thing, specifically, other than the type of — so, a Regular Meeting of the Milton City Council Monday, September 20, 2021 Paae 34 of 107 courtyard market could be by warrant in certain zoning districts, yes. ' Then, we could tailor the use of alcohol within those by that. CM Cookerly: But why wouldn't we want individual retailers or — or companies to have to achieve their own pennit? Why would we want to give it to a property manager? I mean, all of my property manager friends are derelicts. They're not but I'm — I'm just asking why would — why would one do that? Ms. Harvill: So, that's the kind of stuff — I think these came forth out of the understanding that these were starting to pop up and to be kind of on the edge of recruiting businesses. Um, and our staff is just recommending maybe kind of scaling that back a little bit and saying — go back to our traditional — and then, we could always revisit it. If we get it established and it comes in and it's way out of — so, say we just get rid of these right now because they're kind of outside of what we're anticipating and we get an establishment that's coming in, we can bring it back before you in a tailored format at that time absolutely. CM Cookerly: Yeah. I'm not a no. I'm just — I don't know. I just — ' Ms. Harvill: Well, when you read the definitions, that's kind of how our finance staff feels. They're like what is this and how is this — you know, so it's like they don't know. So, maybe the best choice would be for a warrant and then, [inaudible] 101:05:231, which have alcohol sales would be allowed there and then, creating that Chapter 4 match up to that. CM Cookerly: Yeah. It needs to have a lot of visibility attached to it in particular. Mayor Lockwood: Yeah. And I think Council can look at individually — CM Moore: Yeah. That's one thing because it would keep us from, I guess, unintended consequences where all of a sudden, somebody comes up with a concept. And if we've got it in the — the code and they meet the code, all of a sudden, we may have something that no, this isn't something we're looking at. But there may be someone may come forward with a concept that we say, you know what, that works with the mix that you have. So, I guess I'm — I'm kind of in the same line as long as Council can, actually, see what is being proposed for the — the whole entity then, it — Ms. Harvill: And I know these definitions went before Planning Commission and , they are in Chapter 64 also. So, I' I I make sure that they don't already Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 35 of 107 ' require a warrant when I come back with the alcohol [inaudible] that — that specifically. I don't remember seeing it but that doesn't mean it doesn't exist. So, I'll check on that. CM Cookerly: Thank you. Ms. Harvill: Absolutely. So, moving on — or back to those alcohol beverage caterers, um, currently, we have — have these licensing requirements that require these caterers to also get special event permits. So, I just want to clean up and clarify this. At any time you are serving alcohol outside of your own facility, you would be needing a licensed caterer. And then, those Milton caterers would pay — they'd come before the Council and get a license for the year at $150.00. And then, they would go back and have to get a permit approved by the city manager for each event. So, then we would have some control and understanding over what events were taking place under that license. But they would have to pay us each time they're having an event. The $150.00 covers them for the year. Cater the events that you're approved to cater. We're good with that. Same thing if they came to a special event. If you were running a special event and you hire our ' caterer, they'd be covered under their $150.00. They don't have to pay another $250.00 as it currently states. So, we're just trying to clean that up and make that clear instead of having a fee and additional fee and additional fee. If you are a caterer from another jurisdiction, you have to come in, show us your catering permit, your alcohol license for what types of alcohols you're allowed to sell and all of your pourers are permitted for that event. And you pay $50.00 at each event you come to. So, that would be across now all events. Special events, city events, public events, private events, all of those things. It just would clean up some administrative side for that. And if you were with that, that's what we would aim to do. But I just spelled it out here, again, clearly that you could be a catered event or a special event and you'd have the same structure. The only exception would be a special event could have a nonprofit. CM Moore: Can you go back one page please? Ms. Harvill: Absolutely. CM Moore: I just want to make sure so in the — in the first one where it says zero I per event for the resident caterers. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 36 of 107 Ms. Harvill: For the catered event permit. ' CM Moore: Right. So, in that instances, the — the caterer— it's already — it's some — it's already somebody else's event. So, if it's a special event, the other party, not the caterer, has probably already applied for the special use permit or the special event permit. Ms. Harvill: They — they also pay, uh, community development for the special event permit from the zoning, police, fire, public works perspective. And then, we were also charging them over here to serve alcohol at that special event. I'm just looking to clean that up. CM Moore: So, the reason why I'm asking for the clarification is we've already — it's already an event that's probably come before the city for consideration of what the event is. And we've already said yes to the event. So, now we're just confirming that the caterer has the right clarification. Ms. Harvill: On a special event. Mayor Lockwood: Yeah. Ms. Harvill: On a catered event, it would be incumbent upon finance staff and ' the City Manager to vet that event because it wouldn't be going through all — because you wouldn't be impacting the public resources enough to need all of the other departments to look at it. So, you would — they would forego that fee. So, there would be no zoning event or recreation event fee. CM Moore: Okay. You got it. I got it, yeah. That's — that's the clarification I was looking for. Thank you. Ms. Harvill: And then, the one exception under special events is if you have a nonprofit running it, we currently allow this. We would continue to allow them for $100.00. We could change that to match the $50.00 for the others if you'd like. It's currently $100.00 for a nonprofit to come in. And they get fingerprinted themselves. And they are the responsible pourer. And they can have anybody pour for them that's not permitted under that license. So, currently, nonprofits can have their own staff that aren't all individually permitted for that one event pour. So, if you would like to reconsider that, we could talk about it. But that's what's currently been allowed for, I think, as long as I've been here. I Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 37 of 107 ' Okay. Bring your own beverage. We're back to this one just talking about, um, cleaning that up a little bit. I believe we covered it all in the definition. And we were just trying — one of the things it does mention is throughout the ordinance, it starts mentioning what's not allowed to have BYOB. Instead of having a list, I just want to say what is allowed so we don't miss a license type and have confusion where someone thinks they can have one. So, it starts — currently, it's not listed under hybrid but it's not allowed under hybrid by the sheer definition of it. So, I don't know why someone might go, "Well, it's not listed that you can't have it," but it's not listed here. So, I'm just trying to clean up that we don't have an exclusionary list. We have an allowed list. And then, the hours. Um, currently, uh, Monday through Saturday 9:00 a.m. until one hour before closing. Um, we were looking to cap those at a certain time. So, your eating establishment can't then extend their drinking on premise by closing at 3:00 or 4:00 instead of 2:00 a.m. under their alcohol license and still continue drinking at the establishment. So, we're just looking to have instead of — it will be one hour before ' closing no later than say 10:00 or 1:00 a.m. or something later than 9:00. So, then, you would have to stop drinking at 9:00 so they're ready to drive by 10:00. And then, at your eating establishments, no later than 1:00 so they're ready to drive by 2:00 when all of the other drinking stops and, typically, the restaurant closes. Okay? Mayor Lockwood: And most — most restaurants in our community right now close at 9:00. Ms. Harvill: Yeah. I don't know, honestly, that they have the ability to stay open and serve alcohol. But they could stay open, I guess, as long as they'd like but they can serve alcohol to 2:00 a.m. if they wanted to. So, we'll just kind of clean this up so anyone who would want to still we hold them to those same rules and not just by what's standard, right. Mayor Lockwood: Okay. I would just encourage us to think about what is customary today, which appears to be — Ms. Harvill: We — we have seen — I'll have to look back if we have any that are currently staying open until 2:00. But we have seen these hours at — at many of the cities as the hours for eating establishments. Those ' are kind of like the standard restaurant hours it seems. But I'd be happy to look into that further and tailor them if the Council would Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 38 of 107 like that. In a moment — we can back into that right now, actually, ' for a moment. Um, one of the recommendations from staff is going to be on the limited one. So, if you're not a 50/50, a hotel, a golf course, a private club that you would have tailored hours. So, maybe you're 70/30 or if we change that to 60/40 would be midnight or 11:00 or something else different than the 2:00 a.m. And then, your further restricted ones would be that 10:00 a.m. that we have standard [inaudible] [01:12:141 every other license now 9:00 to 10:00, something like that. So, if Council is in favor of that, we would look to tailor those more clearly and that your 2:00 a.m. thing would only be for 50/50 type places or your standard. So, here we have the ancillary case. And this is the one that's become — CM Bentley: Yeah. We lost — we lost your presentation again. Thank you. Ms. Harvill: Can you see it? Mayor Lockwood: No. Yeah, on the agenda. Ms. Harvill: Wonderful. Okay. So, under — it was there for a second. I saw it. Okay. Under the ancillary tasting license, we have spoken about and ' heard some feedback about some concerns over, specifically, the liquor. So, we're looking to make two different types of ancillary licenses. One would be for your package stores. And they would have no liquor [inaudible]. We'd go back to beer and/or wine or you could just do wine. That's the original iteration that we had back in 2014 was wine only so we could discuss if you want wine and beer or just wine. And to make them more like events. So, you wouldn't just go in and request a tasting, which is kind of how it's outlined currently and it sounds like that in our ordinance. I think the intent was always that it would be an event. Like you can come in and taste samples of what's going on inside of the establishment of new things they may have gotten from distributors. So, we would propose to have it maybe once a week for four hours and you can taste those thing under those 2 ounces, 4 samples, 8 ounce total and be done for the day. Um, and no liquor was in the off premise package source. Then, we'd look to — and I think I have them spelled out more clearly. There we go. So, here is your package store. Monday through Saturday, 9:00 a.m. to 10:00 a.m., no Sunday tastings allowed. We're kind of tailoring ' that to the consumption style stuff. So, if you're not a 50150 store, Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 39 of 107 you can't drink on Sunday so we just tailored that right after that instead of, um, according to the hours of the package store. And we can change that if you'd like if only state law allows. Again, making them more like events, no daily samples, one event per week, um, and only one type of alcohol given at each event. So, you wouldn't be mixing again the beer and the wine if you love beer and wine. So, you wouldn't have to be following those ratios. And then, changing that within a calendar day to ensure that they wouldn't have multiple events within a day kind of bullet proofing that a little bit. Um, again, only at a counter that consisted of no more than 10 percent of the floor area to limit your physical bars, um, taking up the space. And tasting is only permitted with the enclosed portion of the premises. So, we're not leaving to have outdoor patio tastings and things like that. So, it's strictly to taste what is for sale for what you want to buy to leave with as opposed to a sitting place to have a drink. Is everyone behind that? CM Bentley: I would — oh, sorry. Go — go ahead, Rick. CM Mohrig: You go ahead. ' CM Bentley: Well, I was just going to suggest, I mean, you know, I don't really see people going into a liquor store to taste beer. You know, I would — I would just suggest we limit it to wine if we're going to do this. You know, I don't know. I — I — 1 don't know what's coming into Crabapple but, um, um, it's a suggestion. Ms. Harvill: We — we do have to — this would be impacting a current business just to remind everybody. CM Bentley: Okay. Okay. Ms. Harvill: So, where we're at, we have the current Milton Package Store that has all three. And so, it would be telling them something different that they could do than what they believe they're allowed today. So, this would be an impact on a current business. Um, the other two tastings we have are both wine — wine only currently. CM Bentley: Wine only? And so — so — so we — I just want to understand this process. So, we, um, approve that and that alcohol license that we approved for the package store will run through the end of this year? I Ms. Harvill: That's how I've understood it from Ken's, um, explanation. And then, on our new renewal, it would be changed to the new — Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 40 of 107 CM Bentley: Okay. So, we do have the opportunity to change it — ' Mr. Jarrard: Absolutely. CM Bentley: -- under the new permit that is issued. Mr. Jarrard: And you are correct. It would expire December 31. CM Bentley: Okay. I — I'd just like to think about that. Ms. Harvill: And we have one pending that also has sales of different types that has asked for an ancillary license. Pending later this evening's craft beer and wine discussion, they would also have beer and wine. So, we would talk about that. Mayor Lockwood: Are tastings in liquor stores a regular thing? CM Mohrig: Well, that's what I think I asked last time. Ms. Harvill: We only have this one. So, I won't say in Milton it's a regular thing. Um, I — CM Mohrig: ' We just got it approved. But I just though — back on the 81. 1 guess my — my — I don't know why we would need that for retail. Most people go in and know what they want. I mean, I — I — Total Wine, I mean, without naming other establishments, I know there's a lot of different stores that sell wide variety of stuff. And I've never seen a tasting, um, for that type of thing, at least around here. I may be mistaken. Brew pubs I understand that — that may be an option. Wineries, that's definitely — Ms. Harvill: And so — that's why we separated them. So, this is specific now to the package store. And in a moment, I'll get into our recommendations for those types of places that are manufacturing their own. CM Mohrig: Right. Mayor Lockwood: The only thing I — I would say is just, you know, um, and again, this is all new to all of— t mean, we're all trying to — you got a new city, new downtown, new all of this is, you know, if we're trying to, you know, possibly have upscale something different, I could see an — an upscale facility that might have — you know, you want to try, you know — as long as you can manage it to where it's — it doesn't turn ' into a bar and it's limited but they're selling a new product or if they Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 41 of 107 ' have a manufacturer that comes in and wants to allow people to taste —you know, here's a new craft beer. Here's some new wine or here's some alcohol. You know, I think the key to that — I mean, uh, to me, it — it could give it a nice flavor as long as you can — it can be controlled where people don't go in there to really have their drinks. They're going in there to taste something new they may decide to buy and then, take home with them. Ms. Harvill: I think those intents are by turning it back to those maybe certain times in the day or certain days of the week, we can maybe get back to there being an event as opposed to a walk in and want to taste everything while I'm on buying on any Tuesday morning or something. CM Moore: So, on this — this example, basically, you're scaling it back from what we have today where from 9:00 a.m. until 10:00 p.m., they could be doing tasting every day of the week and do it — Ms. Harvill: Well, I need to go back and confirm with state law. That's the way ours reads. But I have to make sure from state law that that's, ' actually, what it intends anyway. So, I will come back to you because some of — sometimes, it's not as clearly under — you know, it's not right there. Some of the explanations I've read make it sound like it can only be events. You would have only those tastings for the staff from the distributors, not for the public. So, I've got to go and clarify that. And maybe we allow those distributors to come in and do the tastings for the staff to know if they want to even cant' it. And that could be separate than when you walk in. So, our idea is to go back to events for the public. CM Moore: Yeah. I guess, I would have to — Ms. Harvill: You could have that event at any of those times. I don't know who is having it — we could tailor that time to not be 9:00 a.m. if that's what —you know, just once a week. CM Moore: I like this wording better than what we currently have because then, it makes it more of an event tasting versus anytime you come in, we're going to have samplings and you can try sampling. So, that I think fits more into kind of what Joe was saying if they want to do t something that's unique or they want to highlight products. And I do understand someone comes in and gives you samples is trying to Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 42 of 107 sell you to sell knew product. That's different than giving it to the ' general public. CM Mohrig: I think — I think this is going in the right direction. I think if you add — if you added a couple of more layers to it or if you said like by event, it's not every day like we were just talking about. And if it's by event. And if it's by event, um, parameters where it's one day a week, not to exceed four hours but the four hours have to be within a certain period of time, not before noon, uh — Ms. Harvill: Yeah. CM Mohrig: -- must be — must complete by 8:00 or something, I think you're going in the right direction so it doesn't become a destination for anything. Ms. Harvill: So, can I clarify, if we work to get all of those layers, are we just talking wine only, beer and wine, beer, wine, and liquor? CM Jamison: I'm okay with the beer because, like you said, 2014 — you know, the beer has changed from 2014 to 2021. You know, back 10, 20 years ' ago, it was just Miller Lite, Bud Light. Now, we've got this craft beer stuff, which they're just like connoisseurs of kind of wine. So, as long as we limit — limit it and limit the hours and everything like what Paul and Rick were saying then, I think I'm okay with it. [Crosstalk] Mayor Lockwood: And I would think maybe you'd come up with some language for Council to discuss or, you know, to chew on and discuss more but to where it's not — to where it's just an open tasting. You walk in the store and anything you want to taste. But it's more — it's a set up. And look, today, we're — you know, we're — CM Cookerly: It's like a trunk show. Mayor Lockwood: -- we're representing so and so and we have these four different things that, you know, we'll allow a small taste of. Ms. Harvill: And again, it will be only your permitted pourers that are doing this. We were not talking about allowing distributors in to start, you know, selling their ideas to the consumers. So, we also will add some language back in about that. CM Cookerly: 1 think we're good. ' Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 43 of 107 ' CM Mohrig: Just to clarify, we were saying with beer and wine only. Ms. Harvill: Beer and wine, right? Beer and wine? Okay. For that — so, then moving on to rural manufacturing places. We were talking about clarifying language a little more to allow them clearly. We're asking them to make a product in our city so people would want to try that product more often than just once a week potentially. They'd be going into this place. So, we were looking to open that up as long as it was within state law allowances to allowing you to taste at the brewery, winery, brew pubs more often than once a week. Still, you'd have those quantity limitations. And we could even crunch those times a little better to not be all hours of the day like that. So, we can kind of match up the times but allow them to do it more than once a week. Is Council on board with that at a manufacturing place or hybrid? CM Moore: So, does this — this definition of ancillary facing license does away with any establishment coming in and saying, "Hey, I'd like to serve — while you're getting your nails done, I'd like to be serving," — ' Ms. Harvill: That's a different one that's still there. That's an incidental. CM Moore: Incidental. So, that's not ancillary. Ms. Harvill: So, let's step away for a second. An incidental is when you have, um, an establishment that does other things that is not a liquor selling establishment. It doesn't, typically, have food that they offer you. They can't sell. They can only offer you up to two glasses I believe it is wine or beer. And then, those sales of what the — how much they're spending on alcohol has to be limited to two percent of their overall sales. And so, there's restrictions for the quantities, the times, and the amounts that they can use in their actual money to serve. So, they're thinking like you go into these nice nail salons. They offer — or I guess they offer you a glass of wine. I don't go to any nail salon of that caliber. CM Moore: I haven't been in one recently. Ms. Harvill: Um, we have — we also have it at the interior design store up in Birmingham Crossroads where you can go in and look at the different interior design things and have a glass of wine while you're ' there to do that. So, that is incidental. If we want to talk about further Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 44 of 107 looking at that, we can but I didn't bring that up since it was ' restricted so specifically. CM Bentley: So, Bernadette, I have a question. So, a farm winery has to also hold an ancillary tasting license for — Ms. Harvill: It's included. CM Bentley: It's included. Ms. Harvill: Um, there's one section of the ordinance that says it's included and one section that says you need to get it. We are going with the fact that we know what a farm winery would be doing. And we're going to clean up the language to go that it would be included upon the payment of your farm winery license that you would have tastings. But they're going to be tailored accordingly. CM Bentley: Okay. So, it is inconsistent because I found that, too. At one point, it says, "You have to have a license." And then, it also — Ms. Harvill: And one it says you get it. CM Bentley: -- says it's a hybrid that you get it. So, you — you probably — , Ms. Harvill: I'm going to clean that up. CM Bentley: Okay. But when we talk about the hours for tastings, like whether you get it or you have to apply for it, um, I — I want to suggest that you look at other wineries in the area. And the very limited hours of operation of those wineries. Ms. Harvill: So, in the farm winery section, we're going to talk about potentially giving hours for the types of activities at the winery. So, we were talk about that in just a moment. Uh, we really try to vet every single thing that's kind of come our way. There — it's hard when you're looking at it piece by piece but yes, absolutely. In one minute, we're going to talk about that. And then, also if that were to be a conditional use permit, um, all of the hours would be tailored by the location through the conditional use permit. So, we wouldn't spell it out necessarily. You can do it further in the use permit. CM Bentley: Okay. Which — which is coming. Mayor Lockwood: Yeah. Ms. Harvill: Yeah. Uh, community development is working on that as part of ' your moratorium. That's a little separate since I can't do that piece Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 45 of 107 ' of it with the Chapter 4. But we're looking to tailor Chapter 4 for any that are not within that use permit. CM Moore: Just, um, food for thought based on recent experience that I don't know that a tasting permit should be something you get. I think it should be something you have to apply for. Ms. Harvill: Okay. I can consider taking all of that language out. CM Moore: Yeah. I think it should be considered just like everything else. It's something that's awarded and it also can be taken away. CM Jamison: What was that? Can you say that again? CM Moore: In a — in a tasting, she's saying it's — if you're applying for your permit to be a farm winery — CM Jamison: Right. CM Moore: -- but you get a tasting room — ' CM Jamison: Okay. CM Moore: I think that it should be something that you apply for. CM Jamison: Okay. Just so you — okay, you're not talking about the brew pubs or CM Moore: No. CM Jamison: You're talking about — okay. Ms. Harvill: Would we be comfortable with the limit to say that it would be included in the fees every — separate — like just you're saying check the box that says you want this thing. It's separate living. It's a separate piece and can be — like you said — CM Moore: It can be granted or it can be taken out. Ms. Harvill: Okay. I can definitely clean that up and I can — I can remove — I can remove the included — CM Moore: The same thing — I would — I would also though say the same thing I for the distilleries and the brew — Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 46 of 107 Ms. Harvill: Yeah. I would make that across the board if we do that. ' CM Longoria: Well — well, hold it. How — how is that use different from a microbrewery or a micropub? CM Moore: I'm saying it's not. I would like it to be used — I would like it to be consistent across all. Ms. Harvill: He's — he's saying remove it from all. Just strike the included list. CM Longoria: Then, we're taking away one of the attractions of — of being those establishments and — CM Moore: You just have to — you just have to be a good citizen. You have to be a good purveyor of your — of your skill. If you — if you have — CM Longoria: So, if I open up — CM Moore: -- someone that's not abiding by the rules, if you have a problematic situation then, you can take away the tasting part of it. And then, you're — then, you're a manufacturer only. CM Longoria: Yeah. I — I don't think I understand that. ' CM Moore: Well, let's — or that seems to — can we. CM Jamison: Well, no, I'm just curious. So, if I do a brewery — CM Longoria: We're complicating things again. We're trying to control that which is hard to control. CM Moore: Right. I'm suggesting that if you don't have a — a, uh, cooperative — CM Longoria: A year ago, we didn't have a problem with tastings at farm wineries. CM Moore: Right. We didn't have anybody who was noncompliant. CM Longoria: So, you're saying that based on experience, we should change it. CM Moore: Mm-hmm. Yeah. CM Longoria: I think we need to make sure that we provide guidance on what we want the, um, ordinances to provide and not what examples of — of individuals that have used those ordinances in the wrong way. ' Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 47 of 107 ' CM Moore: When you've experienced a noncompliant — or noncompliant business, it gives me reason to put some red flags on what kind of controls we have. CM Longoria: But you're penalizing future citizens — CM Moore: Not if they're compliant. If you're a good — if you're a good citizen to your — to your task, your skill, your craft — CM Jamison: What's considered a good citizen? CM Moore: You abide by where consumption takes place. You abide by how much consumption is taking place. You abide by the hours and the rules that we put into play. But that could —the tasting is — CM Longoria: But there's other ways for us to address those problems. I — I think we should assume good behavior, not bad behavior. CM Moore: Well, if you've got bad behavior, you have no hammer. Mayor Lockwood: But I would say we, you know — we do always want — we do always ' want to assume good behavior. We'd need to have, you know, some kind of, uh, actions we could take if they do have bad behavior. CM Moore: Right. That's what I'm suggesting is that there is a way to do that. CM Cookerly: I don't think that's — is that really what's on the table? I think it's — Ms. Harvill: It's administratively to either make them check the box and pay the fee or to assume that it would be considered a part of their license fees and allowable things that they can do under their other license. So — Mayor Lockwood: Am I right, unless they have the license. CM Moore: All right. If I'm in the minority, okay. CM Cookerly: Oh, no, no. I'm just processing it. I'm just processing it. Mayor Lockwood: I'm not reading. CM Moore: I — I don't know if we've had or if we're going to run into so much an issue with the tasting portion. I think some of the challenges come if you have tasting and you have consumption. That — those are two —two different issues. If you're selling in glasses of wine or glasses Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 48 of 107 of whatever for the winery, I think that's really where we differentiate. The tasting I — I don't know if I've got so much — we've kind of been bulking it all together. Consumption which is separate license and tasting — Ms. Harvill: Yes. CM Moore: -- which is part of the winery. I don't have — 1 don't see a — if we keep to the limits of what you can do for a tasting, I don't see that as as big an issue. My concern is if you give a consumption license making sure that it still is consumed within X number of parameters with it being in the tasting room is where the consumption is allowed or within the adjacent property. I think that's where I would have a little bit more of a concern of how do you regulate it. Ms. Harvill: So, we can go back to, um, having the manufacturer license need to have a separate consumption package. We can tier them out so they would be applying for what they'd be doing at that individual property. And then, that would be the consumption so that would be separate from the assumption that just because you are brewing that you can consume, right. So, we can do that. ' CM Moore: And — and again, tasting and consuming, I'm — I'm differentiating. Ms. Harvill: Yes. They — they are differentiated. CM Moore: Consumption, I mean, where you're buying — you're paying for a glass of whatever the beverage is. A lot of wineries don't even sell. All they do is they do tasting and then, you can buy their wine if you like the tasting. Let me try this, let me try that. Um, it changes a little bit when you're, actually, selling and allowing people to consume and making sure that they consume within the parameters that we want for —for the license. Ms. Harvill: There is some language today that talks about being able to charge or not charge for tastings. We can go with a — those would have to be the free ones and that would limit that. Tastings have to be free then, there wouldn't be the — and then, it also quantity limits. You have all of these limits. CM Moore: I — I think, I mean, personally, if I think of, uh, using the winery example, I don't have an issue with tastings because a tasting is not a new — you can limit what — what that is, what's a flight or whatever so it's not pouring full glasses of wine. So, I — the — the tasting, I — ' I guess I'm not for saying well, let's make that a chargeable event. I Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 49 of 107 ' think that kind of could hurt your retail and the whole idea of the — the winery. But I think when we get into a consumption license where you're selling wine for consumption, that's, I think, a different thing. That's where I would — I — personally, I'd like to still see a separate license so that's regulated different than your individual tastings. That's just me. CM Jamison: Yeah. I have no issue with the tasting. CM Longoria: I think that's an important benefit of being a manufacturer is to convince — and — and — and you're manufacturing a product that is a little bit unique and that people don't know they want to risk buying it unless they've been able to sample it. And so, I — I think we're — we're denying them an essential part of their business if we don't allow for tastings. Ms. Harvill: I will take all of that feedback and I will come back with some recommendations that, hopefully, address both concerns in the — the whole of that license application. So, there are ways to adjust that. CM Bentley: And Bernadette, just, um, as a comment, most tasting in — at ' wineries are scheduled — are scheduled. Ms. Harvill: Okay. I will — I will look at that as well. CM Bentley: Yeah. Most — if you look at different winery websites. Ms. Harvill: Instead of saying one per week, we would say there are, typically — CM Bentley: Yeah. They're scheduled, um, planned. CM Longoria: In Georgia? CM Cookerly: Well, like in the [inaudible] [01:33:151 or something like that. It's not a — a casual, day long thing. CM Mohrig: Now, they can go any time. CM Longoria: So, if you go to Napa Valley, you just drive up the road and stop into any winery you want that has an open tasting room. CM Moore: I think they even — in Traverse City, Michigan, they have the same thing, too. ' Ms. Harvill: I'll look to see what's most common, and we can — Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 50 of 107 CM Longoria: What I found interesting about farm or wineries compared — from 1 California compared to here is they shut down at 5:00. CM Moore: Right. CM Bentley: Well, that's my point. So, we have a very — and I know we're going to get to this. So, our times for, you know, tasting rooms, specifically, a farm winery is wide open. It's very unusual. So, what -that's what I'm trying to get at is, you know, tightening up, you know, especially on Sunday. We — we have a farm, you know, it's until 10:00. Mostly, they close at 5:00 or 6:00 the latest. So, maybe —1 know — I know we'[ I get to that. I have some examples for you. Ms. Harvill: I'm on — it's the next slide. CM Cookerly: I was just going to say my experience in Napa is, um, you go there purposefully. If you're going to purchase — taste and perhaps purchase but not be entertained per se. And so, I think in Georgia, what has happened is sort of a — a — a hybrid — CM Longoria: It's what the wine is trained for is for the entertainment purpose. Mayor Lockwood: But the wine is not as good. They have to do something. ' CM Cookerly: Hey, I'm not — I'm not saying it. Um, I'm just, uh — the whole entertainment turning it into an event is where we have a problem. So, whatever you can do to work through that. Thank you. Ms. Harvill: Absolutely. CM Moore: And — and to me that — that sounds like that when you're there for a long period of time, that's not really a tasting. That's an event. If you're sitting there for hours, you don't do that when you go to — other wineries I've been to, even in different regions, you go there, taste the wine. You don't like it, you move on. But you're not staying there for hours, like you had said, to be entertained. There may be a venue that allows you to consume wine and listen to music and hang out or whatever. But to me, that's more of an event than a winery providing a tasting and sales that type of thing. That's — that's just been my experience. CM Cookerly: Got it. Thank you. Ms. Harvill: So, now we'll move into the wineries a little more specifically to make sure — these are the slides I had prepared. So, telling you again ' what's currently allowed. The production of manufacturing, the Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 51 of 107 wholesale and distribution, the off premise retail package sales, and the on premise consumption including both tastings and the consumption for sale, right. And then, every farm winery, like any other property, is allowed to still have those two special events per year. It states that, specifically in the laws. I'm just reiterating what's allowed in the law currently. CM Cookerly: Okay. Ms. Harvill: So, we talked about the adjacency. I just wanted to recapture all of the things I've heard recently talked about and just saying that in the definitions we're talking about, we're addressing the adjacency concerns about where can you consume alcohol on the property of the farm winery. So, the adjacency to the farm — the tasting room, the approved tasting room would, I hope, clarify some of those, uh, concerns that Council has had in the past regarding where on the property. And then, talking about tastings being governed by 493. Then, we can talk about them included or not, depending upon what we come back with and certain times and we can restrict those times for tastings. And we can do by appointment only. We can talk about ' a few different things like that. Is there guidance, specifically, do we want appointments or do we want a time window for tastings? CM Bentley: So, when I look at, you know, Forsyth's first winery, they are open Friday, Saturday, and Sunday 4:00 to 8:30, 12:00 to 8:00 on Saturday, Sunday 12:00 to 6:00. So, it's more limited in because that's because people are going there to taste wine or they're usually serving some sort of food. Um, there's a gourmet kitchen in one of the wineries. So, I would just — and I would be happy to hand this off to you, Bernadette, just looking at some of the other, you know, wineries that are successful have — have hours. And — and I think on Sunday, our winery hour is until 10:00, which — Ms. Harvill: That's correct. CM Bentley: -- um, I definitely feel like that needs to be changed. Um, and we, you know — I'm — I'm not — I don't want to get into someone's business and tell them, you know — but the hours are not until 10:00. I think that drives or satisfies the need to be entertained. Ms. Harvill: Can I ask a clarification? Um, are we comfortable with the off premise sales having separate hours, um, to have the sale — and then, ' having the consumption have restricted or do you want all of the hours for everything going on cut back? Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 52 of 107 CM Bentley: So, if — so, if you drive into, um, the winery to get a bottle of wine, ' I would definitely say because it is in an AG 1 area that we do need to limit the time in which you can drive to the wine — to get wine, which is totally off premise sales. That's my opinion because — and I also would like to see that, um, retail package distribution have a distance from a residential home. Ms. Harvill: From — from neighboring in to the property on which it's being sold or just neighboring? CM Bentley: Yeah. No, no, no. Not on the property that it's being sold but from if — if there are adjacent neighbors that are subject to the retail sale of wine, there should be a distance so that, you know — and I would like to see a distance and a time limitation. This is in AG 1. Ms. Harvill: So, I'm looking into that. I'm trying to — I try — in the adjacency definition, I try to address that by the location. And design would have to be approved by Council in a publicly held meeting. We're talking with legal on whether or not Chapter 4 can control something like that. So, I will find that out. If it can't, we'll look at those specific, um, distances. But because every property would be , unique, we thought maybe it would be broader to say that Council had to approve the location and how big. So, the design meaning how many square feet. CM Mohrig: This — this may, actually, be a better idea. What — what is coming before us right now. Can — can we look at both options and talk to legal? Ms. Harvill: Yeah. Yeah. Yeah. CM Bentley: Because headlights and — you know, it could become very popular to just go to your next door neighbor's to, you know — and it's — it is what it is. So, we need to take a closer look at that. Ms. Harvill: So, I will — like I said, this is what's currently allowed and — and the direction that I was thinking. And we'll go back and vet all of this before we come back before you. Um, we were looking to — I've been working with Council to — or sorry, legal to fully understand the multiple license section. Um, and we're going to remove any language or part in the wedding and dining facilities since that's not really what was anticipated for our farm wineries. Those are the larger establishments we're seeing out in North Georgia. And then, lastly, we talked about adding a requirement to show that state ' license when they apply, the current one in November as well as that Regular Meeting of the Milton City Council Monday, September 20, 2021 Paae 53 of 107 they were approved in January. So, we're not going a whole year before finding out that the state didn't approve them. CM Bentley: And compliance with — with — Ms. Harvill: That would be through that — prior to being issued that license, they would have had to go through all of those state processes. Um, that is what — from the Department of Revenue tells us that they did comply. CM Bentley: And just as an aside, I — I don't see the need to have the multiple locations. Um, it's — it's — it's confusing that this winery can have this location. Um, I — I just don't see that as being in any way — Ms. Harvill: As individually licensed wineries. CM Bentley: Yeah. I — we need — in my opinion, we need to strike that. Ms. Harvill: Well, I will be clarifying all of that in the research we're doing with legal. U, we're almost to the end. I know it's — it's almost toward the end. So, our limited tap license currently, it really just states that you would be an establishment that has five or fewer beer taps for craft beer wines. And you can only serve 48 ounces within a calendar day to any, um, participant. It doesn't really say anything else. We wanted to know if there was — if Council wanted some clarifying language as to the percentage of sales and floor space kind of how we have with the craft beer wine market and some of the other licenses. Just making sure currently, this would be allowed in any kind of establishment. So, if you want it tailored to let us know. CM Jamison: So, Bernadette, this is almost because like the bike shop has it, right? Ms. Harvill: The only one we have that has it. So, any changes we make would be impacting potentially the bike shop and we have to keep that in mind. CM Jamison: Because I think this is kind of a loophole in case someone wanted to abuse the system in the future. Would that be appropriate to say? Ms. Harvill: I think that was staff's concern was that it had no other regulation. So, we can't as a staff go oh, no, they meant this. We would like to Regular Meeting of the Milton City Council Monday, September 20, 2021 Pace 54 of 107 know what do you mean so we can write it in. And now, the bike ' shop has — it's restricted to this little area. I know through — there are some building code specifications that have to be adhered to. And that's kind of that fire marshal and building official piece. I have tojust spell it out more clearly so that it's not up to them saying something and then, coming back and saying they're being overly restrictive. CM Jamison: So, could anyone open up a limited tap room and — Ms. Harvill: That's how it reads to us. CM Jamison: Okay. Then, yeah, we probably need to do — [Crosstalk] Ms. Harvill: -- t-shirts or dog food is kind of I liken it to that you could have beer taps. CM Jamison: I can sell popcom and just [inaudible] [01:42:371, yeah. CM Bentley: So, I think that that's something we definitely want to nail down. ' Ms. Harvill: So, what I'm going to look to do is go back and create the limited licenses that are more specific to having other types of sales be the predominant, um, establishment and then, you could have this. Okay. So, I will work on that. Um, the crowler growler license is for — um, if everyone is not familiar, a crowler and a growler is a glass, ceramic, or metal container that's 64 ounces or less that's filled by the establishment for off premise consumption. So, it's, basically, just the container in which you're carrying your — your beer home to drink, um, or wine. So, we are looking — currently, the law restricts those from being sold anywhere that sells liquor. Well, the distillery has the brewery and the distillery together in their concept because of the information about T5. And as long as it's prohibited by state level, we're just getting some feedback as to whether or not we had a concern about this. They're leaving the establishment with this container. Do we care that they're also having to sell liquor in that establishment? CM Mohrig: The idea is not to be able to take home the liquor in a — in a — in a volume like that. Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 55 of 107 ' Ms. Harvill: Right. We can make that to say, specifically, beer — oh, it says license with a craft beer from a keg. So, it has to be beer from a keg. Mayor Lockwood: Well, typically, a growler wouldn't be something they would consume on premise. Ms. Harvill: You — you can't. It has to be sealed. CM Mohrig: 1 — I can't think of a growler experience I've ever had where you could consume it on — Mayor Lockwood: No, but that's what I'm saying. You don't — CM Mohrig: You don't usually consume — Ms. Harvill: And that — and that's kind of why we got to — we don't know how this — unless it's a state law that we're — we — we couldn't find the word crowler or growler in the state law so we're trying to vet it really through legal to make sure we're not missing something. But if this is not a state law, is Council comfortable with us removing that? Now, they're a liquor selling establishment so they'd have a ' warrant. So, we can kind of tear at other things but just kind of removing this piece of it from the law. And then, restaurant package license, um, we're talking about during COVID, they started letting eating establishment sell bottles or — of wine or packages of beer with your to go order. Um, it's currently restricted to one bottle of wine or one package of beer. Our other establishments don't have those restrictions. So, I was just looking to see that if this wasn't state law, if Council would be comfortable with kind of allowing them to do — they're leaving with it so are we comfortable with not having those limited restrictions so they could be equivalent to other establishments that we have? CM Mohrig: State law was amended, I believe, this past year to allow this. Ms. Harvill: I talked to, um — with one of the attorneys at Mr. Jarrard's office today and they were just trying to clarify to make sure because they couldn't find that specific language. They were seeing the next one we're about to talk about, which is the delivery people. So, this is when you go there. There are so many specific specifications. When you go there to pick it up, can you leave with more than one bottle ' or package. So, if you're comfortable and state law allows it, they can have two bottles of wine with their to go order. Um, you know, Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 56 of 107 this kind of gets — I would think that you're going to pay more to go to a restaurant to buy a bottle of wine than you would another store. So, it's going to,1 would believe, even itself out. It was just to make sure that they had the same rights as a craft beer and wine market right next door to not be restricted differently than they are. CM Mohrig: So — so, is the idea here that they don't become a retail package outlet. If I'm just selling — if I'm selling — Ms. Harvill: 1 mean, you'd have a — you'd have a food order with it. They'd still need to be 50150. They — this couldn't come in and take over their sales ratios by the sheer fact that they have to be an eating establishment to have all of the other things they want to do. CM Mohrig: Okay. Ms. Harvill: So, kind of the self-regulating. CM Mohrig: You can't — this could be to go, right, coming to pick up to go food and then, I say I want wine, beer, take that with me. CM Moore: But you're — but you're buying food at the same time. Ms. Harvill: Right. And then, 1 believe this is the final slide. This is that home delivery of alcohol that was recently passed. So, they have this thing called a packaged goods retailer. So, that's someone that works at the establishment delivering your food and alcohol. The way I understood the law is that if we don't have an ordinance restricting it or allowing it, it is allowed. So, I want to just make sure and get your temperature on where we are with someone from a restaurant driving the order to the person's place and allowing alcohol to be in that order and just making sure I write a law that tailors it to what we'd like to see so it's not just, um, state law default. CM Moore: They would still have to check ID and do the standard thing, so. Ms. Harvill: It had a lot of — you had to pay in advance. You had — you couldn't like pay at the door so you'd have to pay the establishment. They had some specifications that were regulating it from the state perspective. The state is pretty good about writing those tailored things. So, I will make sure that, um — to bring forth if we want this option exactly what is required. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 57 of 107 ' CM Moore: Yeah. That's tricky because if you've got a third party provider who is the transportation — Ms. Harvill: No, it said — it specifically said it had to be an employee. CM Moore: Oh, of the — Ms. Harvill: So, a — a purpose — so in broader circumstances, we could say a permitted pourer to be very clear. CM Moore: Yeah. Ms. Harvill: Um, but I did check with legal today. I was like, "Can Uber Eats do this?" And they were like, "No." They said no. So, but we would clarify in our ordinance that we wouldn't allow that if we wanted to do this. And that's why instead of just letting it default, I'd like to spell it out. CM Moore: And you've got the pourer with a, you know, a license and you've got the establishment with a license. They'd put — put their license at risk for not being able to tell what somebody's age is. ' Ms. Harvill: And I think these kinds of options are just allowing for if there were to be another quarantine or things like that, businesses to continue to thrive. So, that's the kind of things they're looking at allowing, I believe, is why these are all coming up now. Is everyone kind of okay with that if I tailor it to our pourers and things like that? Any questions? Celebration? CM Bentley: Hey, Bernadette, 1 have one last thing. I'm sorry. On the types of licenses, since you're doing public notification, I mean, it seems like having a temporary alcohol license, which is in there, would be in conflict with public notification. I don't know. 1 mean, if you can say where that's important that we do it, um, I guess, you know, is — but public notification would be, you know — Ms. Harvill: We —we have allowed it, um, in the past. It's always been there. We currently started, I believe, charging for it where it used to just he allowed. Um — Mr. Buscemi: And I — we do this, the temporary licenses so they don't bind us, 1 don't believe, into an actual license. Um, in fact, I —1— I think we — I think 1 just had one come across my desk for a restaurant. Um, and what — what they, uh — they have to show, if I remember correctly, is some type of hardship that it's going to cause if they don't get the Regular Meeting of the Milton City Council Monday. September 20, 2021 Paoe 58 of 107 temporary. Um, if we did have them go through the process of , advertising, it probably would negate the benefit of getting the temporary license. CM Bentley: That's right. Yeah. Mr. Buscemi: But I — I'm relatively sure that the — I know granting of a temporary does not ensure the granting of permanent license. So, we could grant the temporary, let them go through the process. Um, and then, if there's a problem, not grant the — the actual license. I could say probably in the last six years, maybe I've signed three or four of them. Ms. Harvill: And to clarify, typically, we don't send them up to the city manager until they've passed the background check, passed zoning. So, they're pretty much on their way ready to come to you. Now, it would be without the advertising piece of it and the public input at this point now and your final seal of approval. But we do do the internal administrative vetting before they go upstairs for temporary approval. CM Cookerly: Bernadette, one quick thing. What recourse does an applicant have , if, in the future at some point, community development denies the opportunity to have a permit? Is there — is there going to be any kind of built in thing if they feel like they've been treated unfairly? Not that this kind of would but I'm talking 10 years down the road. Ms. Harvill: We have on the alcohol side a grievance process where they can come before a public hearing and they can come speak to you and all of that kind of stuff. From a warrant or a zoning perspective, I'm not familiar so I will let Bob speak to that. Mr. Buscemi: They could appeal to the BCA. Ms. Harvill: Okay. But there are some avenues for them to take consideration. Mayor Lockwood: Paul? CM Moore: Okay. One more. Bernadette, I think it was on Page 12 of your presentation, if I'm — as I was flipping through it today. It talked about under farm winery, I — I'm — I want to clarify whether or not you intended to say, um, it was just for Georgia wines. Ms. Harvill: We currently allow Georgia wines and other wines, um, from I anywhere in the — Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 59 of 107 CM Moore: All right. And I think, um, if this is the right page, I don't recognize this at the moment — Ms. Harvill: I have edited it quite a bit over — over the weekend. Um, it was kind of getting — some questions were just given so I kind of took them out, added some other things in. CM Moore: I'm sorry. Say that again. CM Bentley: So, 40%has to be Georgian. CM Moore: Yeah. But this doesn't say Georgia in particular and what I was looking at in the presentation said Georgia. Maybe this isn't the page. Ms. Harvill: I think it was in the definition. That was maybe the definition. CM Moore: Oh, okay. CM Bentley: Two hours ago. CM Moore: Yeah. Ms. Harvill: I'll try to get there. A quicker way of getting there. I've hit up too many times. CM Moore: I saw it. It was — Ms. Harvill: I've hit up too many times and now it's just — CM Moore: Oh, and now, it's catching up. Ms. Harvill: It's kind of on a little bit of a delay. I apologize. It went all the way back to the beginning and now, I probably hit down too many times. I'm going to escape out of it and we're just going to do it a different way so bear with me for a moment. CM Moore: Okay. CM Cookerly: What are we looking for? Ms. Harvill: The definition that, um, had some concem about the farm winery, I believe, right? Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 60 of 107 CM Moore: Yeah. ' Ms. Harvill: Everything is on the scroll that I — CM Moore: There we go. Ms. Harvill: All right. So, farm winery, this is the current definition of our farm wineries. So, it's after the red it says it's authorized to sell Georgia wine at its premises. 1 think that's what you were looking at. CM Moore: I think that was what I was wanting to clarify. Ms. Harvill: So, we will clarify the definition to match what it says in the section to be consistent. So, the one thing we're going through is vetting every single — so, I will clarify because we have approved in the past the other wines. CM Moore: Okay. Ms. Harvill: I believe if you go to 4-85, it does start explaining other wines of other wineries. So, I will clarify that. I CM Moore: All right. CM Bentley: So — so, Bernadette, so you —you have a lot to do. How — what's the timing of this process, um — Ms. Harvill: I have a lot of it, um, done already. I've been working on some redlined copies. I'm working already with, um, Jordan Davis on some of this. My goal is to get this before you in the October sessions. Um, for the primary, the main things you've had concerns about, right. So, the things we want to ensure are fixed for this next cycle. And that way, we come before you for an overhaul on this license on the future. Um, but the things we've talked about tonight, cleaning up and requiring, um, ratios and times, I believe we can get before you in October. And then, we would have that all approved on the 200'. And then, we would send out the renewal applications for'22 based on those new, um, approvals. Mr. Buscemi: We're going to aim for the first meeting in October if we can pull that off. CM Bentley: Great. Thank you. , Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 61 of 107 IMayor Lockwood: Okay. Um, and Tammy, did we have a public comment on this? City Clerk: Correct. Brenda, he wanted to speak on this one, correct? Yes. I'd like to invite Mr. Clay Gridley to the podium please. Mr. Gridley: Good evening. Uh, my name is Clay Gridley. My father and I were the owners of Six Bridges Brewing in John's Creek, Georgia. We opened about three years ago. We were, uh, John's Creek's first and only craft brewery. We were Georgia's first and only father/son brewery as well. So, uh, I was a firefighter for nine years. My father, he was in fiber optics. Uh, we were both — he was retiring. I was looking for a career change. We did it as a hobby. And, uh, we started a brewery, a hobby gone wild I would say. So, um, I want to introduce myself because we were approached by, uh, Crabapple Market in I think it was November of last year to, uh, bring a brewery to, uh —to Milton. And we've been working since then with, uh — uh, I guess the — the — the former economic developer, um, that's, uh, working with Crabapple Market, working over there, people with the state and so on. And, uh, let's see, we did a lease with them. We've — we've ' ordered equipment and everything. And we're trying to do a distillery as well. So, there's, um — there's been a shift in alcohol, in general, where, uh, it's usually — it's divided up into three segments where it's beer, spirits, and wine and it's really popular right now for breweries to also do spirits. And we have gotten our DSP license, which is the Federal Distiller's Permit. And we're — we're at the — the local level with that, too. But I just wanted to come introduce myself and answer any questions that you may have about our operations and what we intend to do, uh, who we are, anything like that. Because as you have heard, alcohol can get kind of complex. It's a highly regulated industry. And, um, there's —there's a lot to it. And just hearing some of this stuff that's going on today, it can get complex. And, uh, there are alcohol attorneys. In fact, we have the best in the state and it's who most — most people use around here anyway. So, um, I just wanted to kind of introduce myself and see if you had any questions for me about our — what we have in mind. Mayor Lockwood: Mr. Gridley, just for business sake, could you, uh, state your address just for the record? Mr. Gridley: Oh, sure. ' Mayor Lockwood: You put your name on there but we need your address. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 62 of 107 Mr. Gridley: Yeah, I'm sorry. Um, do you want my home address? ' Mayor Lockwood: That's fine. Mr. Gridley: Okay, yeah. I live in Cherokee County. Uh, it's 200 Cedar Valley Court, Canton, Georgia. Mayor Lockwood: Thank you. Mr. Gridley: Sure. Mayor Lockwood: And, uh, so with that, I guess, technically, we'll — we'll end the public comment on that. Um, I don't know from the legal side if Council had a question if that's appropriate now or not. Obviously, in public comment, we don't allow that but and I'm not sure if — if Council had any questions. Okay. Mr. Gridley: I guess I have, I guess, one more little thing to add. Um, should talk about the — the premise aspect or is that for a different time? Ms. Harvill: [Inaudible] [01:57:211 building attachments to the courtyard to the other building. All the manufacturing is in the one side according to , the original zoning. I can talk about what can they do in the other building. Um, the concept was a shared space with another eating establishment. That wouldn't be theirs but if you want to explain how the lease would work, maybe that would help towards the questions we have about different leases or connected leases. Mr. Gridley: So, um, you know, we did a big business study, uh, viability to see if it makes sense. So, for us, we need about 3,500 square foot minimum. Um, it's really popular now to be on green space, to have rooftop, all of that. Those are big checks right there. So, we looked around the Crabapple development and, um, we didn't find one space that checked all of those. So, um, it was proposed to us to combine two spaces. And it's Billy's L&M, which is 1850 and 1860 Heritage Walk. And, uh, it checked a lot of boxes. It's — it's divided up into two buildings. It does create some operational challenges there. But at the same time, we saw some advantages to it as well. So, um, another thing, it's good to have a food component to something like this. Otherwise, it might look like a bar. And I will say that breweries are not bars. We are a manufacturer according to, uh, the federal government, according to the state government, and even at the local level. So, it's kind of a quasi -entity because we — ' we manufacture. We sell on site. We sell retail to go as well. So, Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 63 of 107 ' uh, we — we picked the site over with, uh, Billy's L&M, which is at the roundabout on the far end over there. It's the red brick buildings. And, um, so it's —the operational challenges is one building is 1,600 square foot. The other building is 2,100 square foot. And at the time with the, uh, Milton economic developer, um, manufacturing could only occur in one building. So, we had to put everything in there and then, a small tap room and then, have some, uh, redundancy stuff in the other building as well. And then, uh, have that subtenant as a food component to it. So, it's kind of divide and conquer but we saw some advantages to it. And with our operations, we need to have the — what's spelled out in our lease. Our lease is both buildings, the patio, and the rooftop area as well is our actual premise. And it's come up throughout our licensing process that the, um — the definition right now for Milton premise reads the building itself where, in our lease, we're leasing both buildings, the patio, the rooftop. And that creates some challenges at the state level because it's — it's not consistent with what the state allows. Um, we would like our premise to be viewed as what is in our lease, which is both ' buildings, the patio, and the — the rooftop area right there. And that would allow us to have one state license and, um, like even our lease in John's Creek, the, um — the patio is considered part of the premise there as well. So, it — it is spelled out in our lease that way. And yeah. Ms. Harvill: Actually, um, Stacy had found spaces nearby that do combine ratios. There is a potential to talk about premise being spelled out in a warrant if it's a liquor selling establishment. We can go that route. There are a couple of things we can talk about as long as the Council is in favor of that. And we just wanted some guidance on that on to your feelings about this type of establishment falling kind of outside that specific definition of premise being a building, um, where we were going with this concept. Mayor Lockwood: 1 — I would say in this case, I would be open to exploring options and maybe run it through legal and as well as staff but I'll [inaudible] 102:00:57]. CM Cookerly: And it's just beer? First of all welcome. Thank you for the information and for presenting. So, we're just talking about beer, ' correct? Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 64 of 107 Ms. Harvill: The other still right with — ' Mr. Gridley: Correct. Um, you know, we do intend to have a distillery there as well. And it's a small operation. CM Cookerly: Beer distillery. Mr. Gridley: Well, the process is very similar. It, actually, starts the same. But then, you distill it, which takes it a little bit further, higher alcohol to, actually, consider it spirits. And then, we have to dilute it back down so somebody can actually consume it. Ms. Harvill: I believe in our definition, it falls under distilled beer. CM Cookerly: Okay. Ms. Harvill: So, if we were — so, a liquor selling establishment would have a warrant. And if the Council wanted to go that — down that route, we would talk about premise being defined by the building or the warrant at that point if that would be a consideration. Mayor Lockwood: Thank you. Councilmember Mohrig. ' CM Mohrig: I guess explore it. You know, does it muddy the waters when we're talking about consumption area being immediately adjacent? Are you talking about 20 feet? Are you talking about a courtyard? Does it get bigger? We already have broken some of our own rules but — Ms. Harvill: With the 20 feet, we were talking with legal about maybe making it specific to 4-85 regarding —and then, defining adjacency in different like — open container district this way. Maybe courtyards this way. Maybe defining adjacency specific to the situation. Um, but there's no — we could talk about a bunch of different things. But legal did give us the authorization to have different meanings under different contexts as for the word. CM Jamison: And when did you sign your lease? I mean, you've — Mr. Gridley: March of this year. And we are, actually, on hold at the moment because of this — of this just popped up the other day. So, as I mentioned, we started this conversation in November with them. We signed a lease in, uh, March. I ordered the equipment because there is a six month lead time on a brew house, which, uh, my — our tanks have already arrived. I don't know if you're on social media but we ' Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 65 of 107 did that whole thing. And the, um — the rest of the tanks arrive, I think, in like two or three weeks. So, we've got that. But, um, it's about — I mean, it's a very capital intensive project, um, to buy this equipment. It's all stainless. It's sanitary food grade and all of that. But, um, as far as construction and the still itself, uh, that's on hold at the moment because of this snag here. Mayor Lockwood: But, again, does staff have some ideas on whether they can bring back to us that — Ms. Harvill: So, we've seen the ratios, um, in neighboring jurisdictions be considered. So, that would be leaving premise as is and considering it two different establishments. And then, mixing the ratios within the other premise. That would be the one option. Or the other option being that when you have a warrant, um, that premise would be defined as the building or as outlined in the warrant if that would be allowed by legal. So, that's kind of the two options we've seen as staff to be able to allow this and not flood into a bunch of other unanticipated — ' CM Mohrig: And what's the ratio? Ms. Harvill: So, the food sales in that building — CM Mohrig: So, I was just curious. Is it the 50/50 or is it the 60/40? Ms. Harvill: That would be whatever you guys would like it to be then, they would have to abide by that. Um, 50/50 would be your eating establishment. Now, in a — so, in a brewery and distillery, they have no food requirements and are allowed to have consumption on premises. So, should you choose the mixed premise concept, they don't need to have that food at all, only if you were to choose to have that separate ratio mixing that then, we start talking about getting them to 50/50, 60/40 kind of ratio. CM Mohrig: Okay. Mr. Gridley: The — the food is an add on to make it seem less like a bar where, you know, if, uh — even though we are a manufacturer, it would — if we didn't have that food component, it would be just all alcohol consumption there. But we are adding that to — um, it's better for our business, actually, if people stay and they — they — they have ' some ribs and, uh, then they can have another beer maybe. But, um, you know, if it — if it's just alcohol, they might have one beer and Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 66 of 107 they're gone. But if they're going there and they have some ' barbeque, they might have a second one. So, it's better for us that way. It makes sense to me anyways. But with our business in John's Creek, when we look at our sales, um, it — it will build up until dinner time and people go. And then, people come back afterwards and they have another beer. So, it — it makes sense for breweries to do that. And the state does not have any kind of percentage requirement for, uh, food sales with that. CM Cookerly: May I ask a question? So, do you sell, um, distilled spirits in John's Creek? Mr. Gridley: We are, uh, finalizing the ordinances now. We —we have our federal permit and it's a novel business to them as well. I believe they are voting on it in, um, October. And they are adopting everything that the state is as well. CM Cookerly: All right. I kind of thought that earlier, we edited out that. So, um, maybe I'm the only person that is confused. But I — CM Mohrig: That was the tasting and the liquor stores, I think. , Ms. Harvill: No. We edited out, um, external. So, food from another location, uh, we're defining it. So, we talked about — Mayor Lockwood: So, are we talking about editing out food or — CM Cookerly: No. Editing out distilled spirits in our tasting environment or anything. Are you talking — Ms. Harvill: Except for breweries and distilleries. CM Cookerly: Oh, oh, [Crosstalk] Ms. Harvill: So, under the package — so, I'm separating them into two separate things. So, a package store wouldn't have that. But your distillery where you're going to try the alcohol, they're making there we would support. CM Cookerly: Okay. All right. I'll revisit it on my own time. Thank you. Ms. Harvill: I know you're going to watch this again. , Regular Meeting of the Milton City Council Monday, September 20, 2021 pace 67 of 107 Mayor Lockwood: Okay. Anybody else? All right. Thank you for your time, Mr. Gridley. Mr. Gridley: Yeah. Thank you. Mayor Lockwood: And, again, I'll echo Councilmember Cookerly's reference to Milton. Ms. Harvill: We'll work with legal for — for the one that has the least ramifications on additional. So, we've talked about before not having outside food sales. And this would be either inside food sales. CM Cookerly: Thank you. Thank you very much. Ms. Harvill: Any other questions? Mayor Lockwood: No. Thank you very much, Bernadette. And in case anyone hasn't — we're still on reports and presentations. Tammy, if you'll, uh, please call the next item. City Clerk: That next items is discussion on concept development of intersection improvements for Bethany Road at Providence Road, Freemanville at Redd Road, and Hopewell Road at Redd Road. It's presented by Ms. Sara Leaders. CM Mohrig: Sara, you have to work on your placement in the agenda next time. Ms. Leaders: Bernadette mentioned this one presentation wanting to pop up in front of hers and I'll make that happen better next time. All right. Good evening, Mayor and Council. So, we have a presentation tonight on the concept development for three possible intersection improvement projects. And those are at Bethany and Providence, Hopewell and Redd, and Freemanville and Redd. So, the agenda of this presentation is first to, um, show how the project was identified through, um, past planning documents and how they're funded. We'll go through the timeline related to these projects, the public input steps and summary and then, our engineering consultant will cover the details for each project, um, for these items listed from existing conditions to the alternatives that were considered. The recommended concept and that's going to be present — as presented to both the stakeholders and in our online survey. We'll go through the survey and stakeholder summary, uh, go over some common themes, responses and then, optional considerations. And then, finally, I'll wrap up with staff recommendations and next steps. So, Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 68 of 107 in general, our process for developing an improvement project is ' really broken out into three major phases. The pre -design, which is to determine the improvement, the design phase, um, prepares plans, construction documents, and acquires the land needed and then, the final stage is to bid and construct the improvement. So, tonight's discussion is to determine the next steps as we're going to present the summary for really this pre -design stage on the three projects. This map shows the proximity of the three intersections. They are located, um, fairly closely to each other. Um, and then, on the right, just highlight the funding associated with those. So, Intersection No. 1 is Bethany Road at Providence Road. And that one has TSPLOST Tier 2 funds associated with it. Intersection 2 is Hopewell at Redd. And in 2017, we completed a — what we call a quick fix improvement where we just added a turn lane on Redd Road to separate the left and right turn lanes. The future improvements, the funds haven't been identified for how to fund a larger scale project there. And then, finally, Intersection 3 is Freemanville Road at Redd Road. And that one also has TSPLOST Tier 2 funds. So, the timeline related to these — these three projects, , actually, in 2013, a concept study was prepared for Hopewell at Bethany Bend and Bethany Way. And as part of that, we also included Hopewell at Redd Road. So, we studied the operations in 2013. Um, the recommendations that came out of that study were to — to really look and reevaluate those intersections with the comprehensive transportation plan that would be coming in a few years. So, then in 2016, the first — or the update to the comprehensive transportation plan, um, was approved — approved and it identified some of these intersections by priority. So, the Level 1 priority was the highest priority projects identified through that plan. And Bethany, Providence, and Freemanville at Redd were on that list. Um, that also correlates to the TSPLOST — um, the first project list of TSPLOST. So, the Level 1 priority projects from the plan were all of the TSPLOST projects. The Level 2 priority, um, projects from that plan were local — locally funded projects that could be completed in that same timeframe as the TSPLOST. And the Level 3 were, um, future projects that could be under a future TSPLOST referendum. So, again, Bethany at Providence and Freemanville at Redd are both Level I. Hopewell at Redd that quick fix was called out as a Level ' 2 because it was locally funded. And then, Hopewell at Redd, the Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 69 of 107 ' bigger fix, was a Level 3. Then, in 2016, the TSPLOST was approved by voters. And on that project list in Tier 2 were Bethany, Providence and Freemanville at Redd. So, in 2017, Hopewell at Redd had a —the quick fix completed. And then, in March of this year, the city approved a contract for KCI to develop, um, concepts for these intersections. For our public input, we did two —two types of outreach. First were stakeholder meetings. So, we identified on all three projects properties where the improvements indicated that we could possibly need right of way or easement from property owners. We sent letters to those owners and invited them to a small group meeting to talk about the projects and to hear their concerns. So, we held that meeting on July 22. We invited 27 residents as well as the Redd Stone HOA and Redd Stone is a subdivision that sits on the southeast corner of Freemanville and Redd Road. We had 12 attendees at that meeting. And then, we also received, um, additional input from two other stakeholder parcels. Second type of outreach we did was a, um, online survey. So, we did a seven question survey, um, that ran August 11 ' through the 281. The first question we asked was do you ' live in Milton, work in Milton, or routinely travel to Milton. And 95% of our respondents do live in Milton. The next grouping of questions related to the three locations. So, we asked how often do you travel through this intersection. And then, we provided a brief description of the proposal and asked do you support this plan. We gave the options to Answer 4 against uncommitted or conditional. We had 500 responses to the survey. Um, under the description of the proposal, we also provided the opportunity to elaborate under general comments. And we got 546 additional general comments. So, we had tasked KCI with developing recommended concepts to do a couple of different things to first improve traffic operations, reduce delay, and enhance safety. And so, with those goals in mind, um, KCI was going to go through all of these elements for the three locations. And then, I'll come back up and talk about recommendations moving forward. So, I'll ask Andrew Antwiler with KCI to come present on the specifics of the projects. Mr. Antwiler: Thank you, Sara. Uh, good evening, Mayor and Council. Uh, we have prepared some information to, uh, further explain about these ' three projects, share the concepts, and some of the feedback we've received. So, our first location is Providence Road at Bethany Road. Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 70 of 107 And this is an all way stop controlled intersection. Uh, over the past ' five years, it has, uh, experienced 26 crashes. And from a level of service standpoint, the — the amount of congestion you can see in the morning. Uh, we have a poor level of service of F during the a.m. peak hour, and in the afternoon rush hour had a level of service of D. And so, we looked at three different improvement alternatives, which are listed there. We looked at a traffic signal, a single lane roundabout, and a multi lane roundabout. And so, based on the traffic analysis and geometric review, uh, we came up with this as the preferred alternative, uh, presented to the stakeholders and the public. This is the recommended, uh, opening year design, which would be a single lane roundabout. The image, uh, you can see the north arrow is pointing upon this graphic. So, Providence Road, um, is kind of your — your north/south street on this graphic. And, uh, the roundabout is designed so that it's kind of pulled a little bit towards the south and towards the city of Milton property to reduce impacts to the residential, uh, houses on the other comers. And one other thing you'll notice is on the southbound Providence Road, we've shown, uh, acquiring some additional right of way to , accommodate a future improvement. But this graphic shows how we're in a future year, potentially, 10 years out as traffic volume grows. But the roundabout could accommodate adding a second approach lane on that southbound Providence Road. Uh, and that would just handle the traffic volume that is expected to increase on that approach with minimal changes to the roundabout itself. And so, this, uh, was shared at the stakeholder meeting and online. And here summarizes the feedback received at the stakeholder meeting to indicate that they were for this concept and one was conditional. The online survey findings found that, uh, 73% were for this concept. And we received 101 comments, uh, related to this location. And the general themes were some believed that a roundabout was unnecessary at the intersection. Some respondents were in favor of the roundabout at the intersection. Uh, some thought that the —there are already enough roundabouts in the city. And then, some had comments about design and some suggestions for how to, uh, improve it. And we wanted to respond to some of the comments and some of the themes we heard. And one was the question for the need for the improvement. And so, the existing all way stop control does have high delay in the ' a.m., especially due to the school down the street, um, on Providence Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 71 of 107 ' Road. And so, those long cues are observed and that overall level of service is F. So, that recognizes a need. And the proposed roundabout does provide an overall level of service of need, uh, looking 10 years out in the a.m. So, it's — it's an improvement for the operations of that intersection as well as improving safety, uh, at that location. And moving along to Hopewell Road at Redd Road, uh, this is a stop controlled T intersection. And the crashes at this location were 32 over a 5 year period. And the intersection level of service in the morning, uh, is level of service B. Uh, but in the afternoon, uh, it's harder to make the left turn off of Redd Road. And so, you end up with a level of service, which is F during the p.m. peak hour. So, we looked at five different alternatives at this location. Uh, one was a traffic signal adding turn lanes. One was adding two turn lanes with no traffic signal. And then, some variations on a roundabout. So, this is the, uh, concept layout presented to the public. In this image, the north arrow is pointing to your right. So, we've kind of turned it and Hopewell Road is, uh, traveling from left to right on your image with Redd Road coming from the north. ' So, the recommendation here is to add a northbound left turn lane at a southbound right turn lane and install a traffic signal to provide traffic control. So, we've minimized the impacts to the properties, uh, and the corners of this intersection. So, based on the, uh, stakeholder meeting, we had responses — uh, one was four — four were against. We had two that were uncommitted. Uh, we also, from our online survey, had, uh, receive almost 44% were for the alternative and 39% were against. So, we did receive the most comments at this location, 254. Uh, and the general themes that we heard were, uh, a lot of people were supportive of creating a roundabout at — at this location. Uh, many respondents were opposed to the improvements or didn't think they were warranted at that location. Uh, some preferred turn lanes and no traffic signal. And then, some did like the — the improvements, uh, recommended as long as that traffic signal was, uh, you know, smart or designed well. And some provided some additional comments. So, we wanted to respond to, uh, why not a roundabout at this location. And there are some physical conditions and some utility reasons why a roundabout is not preferred. So, we've listed out a couple of things, uh, that are hard to really show on the graphic and show the public. But there is a major AT&T ' utility located on the east side of Hopewell Road. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 72 of 107 So, that limits the footprint of the roundabout without impacting the 1 utility. Uh, the terrain at the location, uh, would require a lot of grading and impact to a pond in the corner, uh, if we were to build a roundabout. The roundabout would require a lot of right of way since it is a T intersection today. And two of the corner property owners, uh, stated they did not want to lose property for their horse farm or their front yard. Now, we did analyze the roundabout. And when we looked at a single lane roundabout, it would accommodate 10 years' worth of volume, however, not the 20 year volume. So, we would have to design something more like a multilane roundabout, which would have a larger footprint. So, we pulled the graphic that was prepared in the 2013 study, uh, which Sara mentioned. This was the concept, uh, which hasn't been — which was shown in 2013. But you can see how it's a much larger footprint, uh, and it does require more property. Uh, but that — that's there for information. And also, I wanted to respond to the question for the need for the improvement. Uh, as mentioned, trying to make that left turn from Redd Road, uh, to go north is difficult at times of the day, especially in the p.m. peak hour. Uh, so we have a very high level — uh, high delay there. ' And also, we looked at the NETCD traffic signal volume warrants. So, when you have a certain amount of volume, it's, uh, a viable option to install a traffic signal. And the current volumes meet those warrants. Uh, so, that's one reason why we thought that was a good alternative to recommend. Uh, also people asked about could we install turn lanes and no traffic signal. And that is an option you could do. However, looking 10 years out that really doesn't give us the capacity. It really doesn't help that left turn movement, which has the — the great delay. There are some options we discussed at this location. We could potentially wait until the improvement at Hopewell and Bethany Bend is open to traffic and then reevaluate — reevaluate the alternate that makes sense. Uh, this could he do nothing. It could be the preferred alternative. Um, it could be adding two lanes and — and no traffic signal or other alternatives. And then, our third intersection at Freemanville and Redd, uh, this is at the other end of Redd so it's another stop -controlled T intersection. And one difference at this location is Redd Road has a single lane approach versus at the other lane it was two lanes today. So, the crashes at this location, uh, for a five year period of twenty-one crashes. And the level of service, uh, you can see, again, the a.m., it — it looks I Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 73 of 107 ' okay. It's level of service B. However, in the p.m., you get that poor level of service. Um, and its primarily people from Redd Road trying to turn left or right. So, improvement alternatives we looked at were traffic signal by adding — with adding turn lanes. Uh, adding two turn lanes with no traffic signal and then, a single lane roundabout. This is the concept that was shared, uh, with the stakeholders and online. Once again, in the north, they were pointing to your right. Uh, so, Freemanville Road is kind of, uh, left to right on your image. And Redd Road approaches from the bottom of your page. The Redd Stone, uh, HOA subdivision is kind of to your lower left. And also, Phillip Circle is a — a road that, um, comes in just a little bit north of Redd Road. So, we looked at that — that area and came up with his as a preferred alternative, which includes adding a turn lane on Redd Road, uh, adding a southbound left turn lane on Freemanville Road. And also, uh, we know that there's a — a speeding concern, uh, fast moving cars along Freemanville Road. And so, the concept included adding these raised medians, raised islands, uh, as you approach the intersection with the ideas of slow cars down as they approach. And so, this would accommodate — provide an operational benefit ' and accommodate traffic volumes and kind of set it up so that in five or ten years from now as traffic volume grows then, if the city sees a need to install a traffic signal, it's easy to go out there and install that. So, based on the current volumes along Freemanville Road, the, uh, traffic signal warrants aren't quite met. So, a lower volume road, intersection and at the other end. And so, this is an example, two pictures of the thought on installing a raised island or raised median. Uh, we know that's not very common in Milton but here's an example on your left, uh, side of the screen on — on Howe's Road and —and Roswell. And then, uh, example on Webb Road in Milton where it could be attractive. It could be — it's like we said, meant to kind of slow people down as they approach that intersection. So, our — at our stakeholder meeting, uh, we received the feedback that one was for the alternative, two were against, two were uncommitted, and one was conditional. And then, from the online survey findings, we had 51 % were for, uh, the alternative and 21 % were against, 17% were uncommitted, and 10% were conditional. At this location, we received 191 comments and we grouped those into about 8 themes. And they ranged from, uh, those that supported the idea by installing ' a roundabout here as the better solution. Uh, many people had a lot of concern about the traffic volumes and the — the raised medians Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 74 of 107 and not quite sure how that would work. Um, and then, there were 1 some that commented on why the need for the left turn lanes, don't think there's really need for an improvement here. And then, some provided comments about the design and some did support the proposed improvements. So, we had, you know, a range of — of different, uh, input. But 1 think the —the primary concern we heard here was about the — the idea of these raised median islands and, uh, what was the benefit of that, what was the purpose. So, to respond to some of these questions, one was, you know, the question of the need for the improvement. Uh, that westbound road — road trying to make that left turn in the afternoons and the p.m. peak hours is tough. You — you have a poor level of service. And that's partly because you have that one lane approach today. We did hear some comments about the speeding on Freemanville. And we, as part of the study, collected, uh, the 85s' percentile vehicle speed, which — which was 51 miles per hour on Freemanville Road. And the posted speed limit is 45. So, when you, actually, look at the amount of traffic, 55% are going over the speed limit. So, that is a ' concern at the location. There were, uh — you know, some asked what was the reason for adding a southbound left turn lane on Freemanville Road. And the point is so you can provide more gaps in that southbound traffic so the people from Redd Road have more opportunities to make that left turn. Uh, some asked, uh, what was the benefit of the turn lane on Redd Road. And one of the big things is a vehicle wants to make a right turn won't now have to wait behind one car that wants to turn left like you do today. Uh, we — we mentioned, you know, there was some concerns about the raised islands. And we thought, you know, this is a design element to, uh, help reduce speeds. And it could be designed to accommodate trailers, um, and accommodate vehicles that would be traveling through the intersection. I did mention, just a minute ago, about the traffic signal and how it's not quite wan -anted at this point. Some people asked could a traffic signal be installed. Um, but it could be in the future with that geometry. And then, uh, we did look after receiving the feedback from the public about, uh, you know, could a roundabout be installed here. So, working with Sara, we developed a concept, um, which is shown here or which would be a single lane roundabout. That would accommodate the traffic, uh, in the future. And this shows the rough ' footprint or size of that roundabout. Uh, so we — we developed this Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 75 of 107 ' just to compare that to the preferred alternative just showed. And I think this is the last slide that shows some options at this location can be, uh, to, uh, move forward with the preferred alternative with the raised islands or potentially not include the raised islands. And you just have a striped out, uh, center area. Um, also, one option is to build that right turn lane on Redd — uh, Redd Road only or potentially a roundabout. So, one of the things we looked at was the difference in cost and the difference in operational benefit to cost ratio. So, you can see that the preferred alternative, uh, has a higher operational PC ratio and the roundabout potentially costs about twice as much as the preferred alternative. So, that is for your consideration and I'll turn it back over to Sara. Ms. Leaders: So, based on the — the project purposes and goals, um, the public input we received, um, these are some potential recommendations that I'd like to discuss further. So, Intersection 1 at Bethany at Providence, um, that's a typical, uh, support number that we got through our survey, uh, 70%. That's — I looked back at Hopewell Bethany, that was the — about the percentage support we got, um, on ' that project for the — the roundabout there. Um, so we're going to recommend — we're recommending to begin design on the, um, roundabout as recommended, um, by KCI. At Intersection 2, um, based on the — the feedback we got, um, and the current improvements underway at Hopewell at Bethany, um, I wonder what that traffic pattern changes could be like when — when those intersections are improved there. So, we're recommending to hold on further design and, uh, reevaluate that location in the future. Again, it wasn't identified for funding right now. We just wanted to evaluate it with these other two, um, due to proximity. And then, Intersection No. 3, Freemanville at Redd, um, one idea is we could do a phased approach similar to how we did at Hopewell Redd where we go ahead and install just the, um, Redd Road separate left and right turn lanes and then, um, consider further improvements in the future. So, tonight, I just wanted to get some feedback and discuss, um, the original recommended concepts, the options that, um, KCI presented as well and then, the, uh, possible staff recommendations. So, the next steps for — those next step options for each project location could be to move forward with the design based on the recommended concept. I We could modify the project concept and that could include some Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 76 of 107 possible additional outreach to, um — to get feedback on additional ' alternatives. We could hold — hold on further action and reevaluate in the future. Or we could remove the project from consideration. Again, back to the — in summary, the staff recommendations are really based on that stakeholder input and public input on the, um, the alternatives as well as the funding and cost benefit considerations. So, again, that recommendation, um, is on Intersection 1. Typically, it's on the roundabout. Intersection 2, to just hold and reevaluate in the future. And Intersection 3, uh, possible modified phase plan. So, with that, I'll open it up for questions or discussions. Mayor Lockwood: Any questions or comments? Laura? CM Bentley: I just have a comment. I — I pretty much agree with you. I — I just would be interested in those raised islands just to try to do some, you know, speed calming just to try it because I know on Webb — Webb? Yeah. I mean, it's effective because it's kind of like an obstacle course. You have to slow down and make sure you don't run over them. So, and that's — that's really an area where people pick up speed. So, that would be my only, um, comment is, you know, I ' agree with the left and right turn lanes. But, um, maybe see about the raised islands. And that's also kind of a tight turn with trailers. There are a lot of farms on Phillips and Wood Road with horse trailers going — kind of doing that right and immediate left. Mayor Lockwood: Paul and then, Carol. CM Cookerly: Sure. CM Moore: Um, I like where you guys are going, Sara. I think, uh, Intersection 1 plan is a good one. The roundabout is, I think, it's called for there. It's rural and it's in keeping with the area. Um, Intersection 2, Hopewell at Redd, I think you're right. We should — we should delay and see what's happening at Hopewell and Bethany and make a huge impact difference, I think. If anything, um, maybe consider a, um, south — or north — northbound on, um, Hopewell, a left hand turn there as an interim solution at some point. But I think right now, just hold and see what happens. And Freemanville, um, I would — what I didn't see in the concepts was a left hand turn lane from Freemanville onto Redd. There is no question that there's backup, uh, from Redd onto I Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 77 of 107 ' Freemanville. An additional turn lane there would be hugely advantageous. But I like the idea of the raise islands but also consider a, um, left hand turn lane from Freemanville onto Redd. What — what happens there 99% of the time is people don't follow traffic laws. They — somebody is waving somebody, somebody is pausing somebody else, everybody is confused. Then, there's an accident. Uh, if you introduce some of these concepts, I think you begin to take some of those, uh, personal traffic rules out of the equation and probably improve it. So, just food for thought but 1 like the concepts. These are all great. Ms. Leaders: And I did pull up the Freemanville Redd concept, um, with that Phase 1 area hashed out. And, um, we did show a, um — a left turn for Freemanville onto Redd. And then, we — we put an island at Phillips to not confuse — to have, you know, opposing lefts and to — to really slow that turn onto Phillips. So, that's what — CM Moore: Okay. I missed that. Ms. Leaders: -- that's what we had originally proposed. ' CM Moore: This is exactly what I was describing. So, perfect, thank you. Mayor Lockwood: Okay. Carol? CM Cookerly: So, how much green space at, uh, Providence and Bethany would be consumed of the — of the city's property? Ms. Leaders: I haven't estimated that exact, um, number yet for the square footage. CM Cookerly: Is it contained to the comer or does it travel or — or do you take property going south on Providence? Ms. Leaders: So, the — the blue line, um, it's kind of a faint dashed line, is the existing right of way. Um, so, some — so, it's a similar width to this, um — this center island from the right of way to the right of way. Do you know exactly about how far that is? Mr. Antwiler: I think the answer to your question is it is the corner but there would also be a little bit of widening along Providence you were asking or a little bit of shifting with the pavement in that direction just to stay off of that other residential house on the inside. I CM Cookerly: And how far down? Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 78 of 107 Mr. Antwiler: If I was to guess, maybe we're probably talking 300 feet. Not a — ' not a — we're not going a long distance. CM Cookerly: Okay. Uh, another question. Do you have trackable data whether homeowners in these respective areas have been given a heads up or you've solicited their opinions? Mr. Antwiler: So, when we invited — on — on these graphics, almost any of these property owners labeled we invited to the stakeholder meeting. So, they — we selected adjacent property owners to that intersection or sometimes it was even the second house, uh, away from that intersection. That resulted in, I think, we had 27 invited to the stakeholder meeting at all three intersections. CM Cookerly: Okay. So, they're — they came to the actual meetings. Mr. Antwiler: They did. They came to this one in July. And we had the maps and answered questions they had. CM Cookerly: Okay. And the final question on that intersection, what was that about a second lane south on Providence? Mr. Antwiler: Well, as has been designed in some other roundabouts in Milton, the ' idea of having a phased design is when it's first opened, it has maybe one lane on an approach. So, in this case, on Providence Road South, it would have one lane. And then, as traffic grows maybe 10 years later, we see the need for that second lane. So, on comer — the — at this location, we would add a second lane in the future, uh, when it's needed. Um, and with the geometry, everything is laid out so it's a very small change construction wise. But we already have the right of way. It's already intend — it's laid out for that to be added. CM Cookerly: But there's not a lot of room there in front of those people's house though. That would be my concern. I mean, you're taking a significant amount of their frontage, aren't you? Mr. Antwiler: Correct. It is an [inaudible] 102:40:541 right of way to day so, yes, it does encroach towards that house. And — CM Cookerly: Well, I mean, it — it doesn't encroach. It's — it's right in there. I would just — I would just suggest that we be extreme — it just came across as a little cavalier and that property sits pretty close to the road. And I would — we just need to rethink our approach on that, I think. Not, I mean — literally the approach. Thank you. , Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 79 of 107 ' Ms. Leaders: Maybe we could do a — a shorter approach lane that didn't start until it got beyond, um — beyond the house. There's a few things we could — we could look at. CM Cookerly: Yeah. I mean, I — that just is — would be probably pretty shocking if any one of us owned that. Mayor Lockwood: Anybody else? Okay. No more. Thank you both for all of your hard work. I know it's a lot of work. A tough job. Okay. Do we have any public comment, Tammy? City Clerk: We do not, sir. Not that I know. Mayor Lockwood: Okay, thanks. Um — City Clerk: Oh. It's just about [inaudible]. Mayor Lockwood: Ma'am, if you don't just — yeah, if you don't mind speaking into the microphone and state your name and address just for the record. Ms. Damron: Yes. My name is Robin Damron. And I live, actually, at the corner ' of Freemanville where you all are getting ready to put all of that, Freemanville and Phillips. If you were to drive down Redd Road and run into Freemanville, right now, you can only go left or right. But my house is right there. So, I'm on that drawing that lay out. And that was Mr. Antwiler. And I'm going to all of the meetings. And I just want to say that I'm definitely in favor of some traffic calming issues right there. We have to do something. They fly down Freemanville. My driveway is, actually, if you'll look at the layout, my driveway, actually, is right there going into Freemanville. And it is very hard with the way they speed down there to even — I mean, I have to like look back and forth three or four times before I even pull out. I'm very much in favor of a raised island there. We have to have something. You could even put speed bumps in front of my house. I just would do anything. And I have horses. So, I'm — I mentioned to Mr., um, Antwiler at the meeting I was not in favor of a roundabout because I was fearful. I've been the first one many times in calling 9-1-1 when people have crashed there. They've been in my big pasture. That is my big pasture there. And so, we need something. I'm very much in favor of the turning lanes both coming south on Freemanville to turn onto Redd and ' then, additionally, to go right onto Redd going north on Freemanville and turning right onto Redd. I'm not in favor of a Regular Meeting of the Milton City Council Monday. September 20, 2021 Paue 80 of 107 traffic light at this time. I believe maybe in about five years, there ' may be a warrant for that. If they could consider even maybe a flashing yellow signal there just to give people a heads up because it's very dark there. Um, there is a light on the comer but people just hit it and they're like oh, I'm wide open. I'm going to White Columns or wherever. You know, they're just zipping through there. But anyway, um, additionally, I have a concern because, as my driveway empties into Freemanville and I — I mentioned this at the meeting, 1 believe they're going to amend that if they do put the raised island there because my driveway, if I were to come out as it appears now, I can only turn right, which would be going south on Freemanville. So, hopefully, they'll have something there to accommodate that I can, actually, come out and go north and then, turn right onto the Redd. I'm just trying to make you all aware of this. I mentioned it to him and he was like, "Oh, no." Because I said, "Am I going to have to move my driveway?" And he said, "Oh, no, no, no, no. Don't worry about that." And then, another thing, as my big pasture is along there, I saw on the — they have the rendering of I think it's a blue line that showed where the present, um, property line, I guess, is next to the side of , the street. We have so much greenery there in them trees. I'm concerned am I going to have to move my fence, my big pasture — um, move it back. I don't know. And also, about a year ago, I just converted from propane to natural gas. So, they ran the lines — I have natural gas lines running through that big pasture very close to the fence, uh, to come up and then, go towards my house. So, that's another thing. Am 1 going to be responsible if I have to take that fence down and move it? Am I going to have to relocate those lines? I just have questions like that. So, but I appreciate you all listening to me and, you know, taking into consideration that we definitely need some traffic calming features there. So, please put the raised islands. Thank you all for listening. I appreciate it. PUBLIC HEARING Mayor Lockwood: Thank you for coming tonight. And thank you for speaking. All right, Tammy. So, we have no first presentation items. We'll move on to public hearing if Tammy would please sound the item. Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 81 of 107 ' City Clerk: Thank you, Mayor. That item is consideration of an ordinance of the Mayor and Council of the city of Milton, Georgia to adopt the fiscal 2022 budget for each fund of the city of Milton, Georgia appropriating the several items of revenue appropriations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. It's Agenda Item No. 21-273, Ms. Bernadette Harvill. Ms. Harvill: Good evening. We are here for our second and final public hearing regarding the FY 2022 proposed budget. Again, this budget covers spending from October 1, 2021 to September 30, 2022, and all revenues collected during that time period as well. Here before you, you have the calendar of all of the main activity that we had during this budget cycle. Um, back on August 9, we held the detailed work session, um, regarding all of the proposals. And on September 8, we had the first public hearing where, again, we went over that in, um, a detailed format. Tonight, 1 will be a little briefer and kind of hit the highlights of everything that we have proposed. Um, you can see here the consolidated budget summary. This shows all of the funds that have budgeted requests for fiscal ' year 2022 and includes citywide anticipated revenues in the amount of $53.3 million across one general fund, 4 special revenue funds, and 6 capital project funds. Here you have the general fund budget summary. And you can see the year over year revenue anticipation are projected to increase by 2.5% excluding other financing sources. Again, no requested revenue changes have occurred since the last presentation. So, this is the same thing you've seen for both, um, presentations. And we have updated the variances to reflect the FY 2021 amendments that we'll also have before you this evening and that we went over last public hearing. There were, um -- moving on to the expenditures by department. We had some changes in that from the budget workshop to the last public hearing but nothing has been altered from the last, um — the meeting on the 8' until today. And we have here a total request for $35.9 million, including that $9.5 million transfer out to the capital projects fund for pay as you go programming. Um, when we're looking at year to year operating expenditures, um, increasing about four percent, excluding those new initiatives and the contingency. And that four percent does include the market adjustment to salaries that staff had went over in detail at the original budget workshop. ' Um, at the end of the day, we are seeing a use of $1,052,886.00 from that, um, fund balance in excess of what's required to have by law Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 82 of 107 going towards balancing the budget. And that will leave us with, um, ' the proper fund balance to adhere to our 25% of subsequent new revenues as required by law. Um, if anyone has any questions, I'll stop here for a moment. I won't go department by department. I know we've talked about that before. And it's also in the, um, presentation that's online for everybody. Again, we will have, um, a detailed digital budget book this year that staff is working diligently on. It will have enhanced features including performance metrics and how we're aiming to measure using these dollars across the different goals that we have set through the strategic planning process as well as department goals and initiatives. So, you'll be able to see all kinds of additional detail supporting that information. And we'll track those through the digital transparency portal throughout the year to show progress on that. I just wanted to key in, again, one more time on the new initiatives that they are outside of what we are normally operating and doing within the city. Um, we have requests, um, within human resources supporting trying to recruit and maintain positions in the harder, um, to ' maintain positions, including certified police officers and firefighter paramedics. The referral fees would go to current staff who recommend, um, those who get hired and stay on with us. And the sign on incentive would go towards the staff that were hired on. We have the marketing and branding, um, consultant and equestrian marketing campaign coming straight from the strategic plan going towards, um, showing everyone outside of Milton how wonderful Milton is and why to come here. And that would be utilizing a consultant to do that with the proper marketing strategy. The court bailiff, um, reducing the cost from using certified staff to having court bailiff dedicated to doing the fingerprinting and certain activities within the court to help over there. We have the asset control system, an actual locker system that is digital to be able to track who has what extra spare equipment and when they return it so that it's easily, um, trackable and able to find. Reclassifying the accreditation manager from sergeant to lieutenant and giving them additional responsibilities at that command level. Um, three full time employees for traffic enforcement personnel creating a traffic enforcement contingency within, um, the officers' division. And those will be dedicated towards traffic enforcement, um, unless there was some other larger, um, concern that came up within the , city that they'd have to be pulled off of that. But otherwise, they'd Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 83 of 107 ' be fully dedicated to traffic. And then, filtering officer training software looking at, um, a program to be able to more clearly track all of the training that goes on with those new officers that come on board. And the Fire Department, they have several initiatives across improving, um, outcomes and survivability. Um, we had the public safety green space access. Those were the — this is the components that would go towards the ATV's that you'll see later in capital. I can go into the trails and more off road spaces that we have to see if anybody that needs help out there on those trails. The resilient community, um, executive training initiative through the Harvard, um, um, cooperative that we would be working on to get people trained. The blue card incident command certification using similar language on every command — on every scene, so there would be consistency and increased survivability. Um, accreditation to get best practices and ensuring that we are following all of those procedures. The [inaudible] [02:52:501 video endotracheal intubation laryngoscope, which is a piece of equipment that has increased, um, success upon first attempt as opposed to multiple attempts doing a ' manual intubation. Um, the Milton Cares Paramedic Program staffing. So, the department has come up with this Cares program, um, hoping to ensure reduced visits to the Emergency Room and also follow up with the patients that come home, making sure they're taking their medications properly and not having to go back to the hospital. And that program would be done through current staffing. This is just funding to go towards paying those overtime hours that would come out of potentially having been non -on duty officers attend to those patients. In public works, we have an infrastructure inspector, again, contingent upon looking at TSLOST 2. Um, Sara Leaders and her team have determined that having someone on staff would be more affordable than having to have a — uh, an outside third party do those inspections. In person recreation, we have parking lot preservation, looking to extend the life of the parking lot at FMCC and Bell Memorial Park instead of having to repave right away. And then, finally, um, we have a 70/30 split for a development engineer, um, within the Community Development Department and Public Works Department to handle transportation and community development engineering needs. Again, currently, that was a full time position budget — or sorry, a part time position budgeted through a third party contractor. This is Regular Meeting of the Milton City Council Monday, September 20. 2021 Paae 84 of 107 looking to move it to a full time position with a staff person. I went ' through that fairly quickly so I'll be happy to answer any questions anyone has regarding those new initiatives. We have our special events fund so this is moving out of the general fund area and moving onto the special revenue funds. Um, looking year over year at not quite too much of a drastic change, again, we've had, for the last two years, reduced, uh, events due to COVID and other kinds of cancellations. We're looking to bring that back to, uh — I had this other event. This is this one. Um, looking to bring that back to more of, um, a full scale events programming for the year. Um, asking for funds from the general fund and about $80,000.00 transferred over to supplement what we're currently seeing from the hotel/motel taxes that have decreased since the impact from the COVID-19 pandemic. We have the confiscated assets fund. At this time, there have been no identified projects. If there are, we'll come before you with an amendment to set a budget for those items. The E-9-1-1 fund. And 100% of those funds collected go towards city of Alpharetta to support our share of the E-9-1-1 center and the dispatchers over there. And the operating grant fund, we have the current, um, Cares money ' that was transferred in to cover, um, expenses we had in FY 2020. So, that's not going to recur. So, nothing budgeted for FY 2022. Should the Police, um, Department's grant transfer into the continuing into FY 2022, we will move that through a budget amendment. And then, the final one we have here is the American Rescue Plan Act, um, or ARPA as we are more familiar with calling it. This is the federal funding coming through that we're slated to get $14.8 million. At this time, we don't have final guidance. So, we are just, um, recognizing the revenues. Once we do have final guidance, we will come before you to have an approved plan on how to spend those funds. The one project we have currently outlined potentially sending these funds to is the build out of the new active, um, park complex once the property is identified. So, you'll see that in the CIP details. Any questions regarding — CM Mohrig: Any guidance on when they're going to give us direction from the federal government on how —we have the funds. When are we going to find out how we can use them? L Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 85 of 107 ' Ms. Harvill: They have interim guidance. And some cities are moving forward on the interim guidance. But we have just been advised to wait until final guidance since this is a large sum of money. I have not seen any dates [inaudible] 102:56:45]. Mr. Buscemi: GMA was originally saying that they were expecting it late fall. So, I would assume we'd hear something soon. Ms. Harvill: And then, moving on to our capital project funds, again, we have the main capital projects fund, which is primarily funded through that pay as you go programming, our green space bond fund. Um, we are — have $5 million left on the green space fund — bond fund give or take to purchase land with. Um, the rest of the money in that fund goes towards paying off the debt service through the separate millage rate that was approved. We have the TSPLOST fund, um, continuing collections through FY 2023 at this time and finishing up the projects that were outlined, specifically, in that referendum. Um, if we go to a TSPLOST 2 that would be shown separately. This is all still TSPLOST 1 information. Our capital grant fund, finishing off some of those grants at Providence Park. We have 1 impact fees. Again, those are collected from a developer going towards a specific project laid out in the CIE. Um, in January or after, around that time, we're looking to bring back the methodology for that before you to, um, ensure that we have all the current projects accounted for within those impact fees. And then, finally, the revenue bond fund where we have, um, Public Safety Complex completed and Station 42 will be built out of this fund as well as the alerting system that was completed. Also, the debt service for those bonds are maintained within that fund through a transfer out from the operating grant fund — or sorry, from the general fund. I'll pop there for a second. I willjust highlight on our pay as you go program since that's kind of interest, typically, to everybody. This highlights, specifically, in FY 2022 in the gray column what funds will go directly towards which projects from pay as you go funding straight from the, um, general fund. So, permanently we have here payment is management is the largest one, typically, that's coming out of that funding. We have the completion of some of the — or continuing funding for some of the work at the Providence Park, um, returfing at Bell Memorial, Cox Road looking at returfing those fields as well, ' potentially putting in tennis courts depending on Council's final guidance. Um, former Milton Country Club finishing out the phases Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 86 of 107 for the active side over there so the building improvements and , things like that. And then, again, the active park — the new athletic complex once we identify a piece of land for that. On the passive side, we have some money going towards, um, starting to fund the Birmingham Park plan and continuing the trails and the other hydrology improvements out on the passive side. Does anyone have any questions? Mayor Lockwood: Questions? Ms. Harvill: Finally, we have — I apologize, wrong page number. The capital — the new capital initiatives. So, again, these are those vehicles that go along with the three full time employees for the traffic enforcement. We have the Auto Pulse, which is a piece of equipment that will be utilized to improve survivability on cardiac arrest scenarios. The fixed cascade system, um, looking to get one in the north side and one in the south side. One would be funded, hopefully, through a grant, the other one through this funding should you approve it to be able to refill the bottles for their breathing apparatus. Um, again, the ATV's that go along with that public safety, um, ' green space access initiative. And then, two public works requests. One for lower Hopewell traffic calming making that approach into Alpharetta look a little more Milton and also slowing down the traffic as people are coming into Milton from that side. And finally, the slope landscaping, um, at the Thomas Byrd House looking to kind of tier that — um, terrace that so it will be — the wash away won't happen as often. Those are the main highlights. I know we went into details before. I'll be happy to answer any questions you may have regarding the budget. Um, this would be just the public hearing and later this evening, we will vote to potentially approve or amend this. Mayor Lockwood: Any questions right now? CM Cookerly: As many times as we've been over it, no, Bernadette. I have no questions. Ms. Harvill: I appreciate you listening. CM Mohrig: That was only like — that was only like 30 of 172. That means there's 140 - 1 Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 87 of 107 ' Ms. Harvill: That's really trimmed down from the 200 and something last year. so, we're doing good. UNFINISHED BUSINESS Mayor Lockwood: All right. We don't have any public comments. I'll close the hearing on this. so, um, no items on the zoning agenda or unfinished business. So, we'll move on to unfinished business. Tammy, if you'll please call that item. City Clerk: Mayor, that item is consideration of an ordinance to amend Chapter 4 Alcohol Beverage Licenses and Appendix A of the Milton Code of Ordinance to update and clarify requirements for the craft beer and/or wine market license. It's Agenda Item No. 21-271, Bernadette. Ms. Harvill: Thank you, again. So, before we kind of went into this broader discussion about looking at Chapter 4 as a whole. We had some concepts come before us that seemed like they may be appealing to the Council. And we brought before you some specific edits to the craft beer and wine market license. And I'm having a little bit of a delay so once that pulls up, I will show you what those are. Um, we did have, in the meantime, 1 will discuss one more, um, piece of feedback I believe the Council had received from a citizen, um, opposed to the changes stating that they believed it was still like a bar. And I just wanted to clarify if we don't change anything to 60/40, it still remains as primary use, which could be interpreted as 51%. So, this would be making — you know, making a little more towards that retail side. And I'm going to just go straight to the actual edits. So, again, the recommendation would be to add in some language that would clarify what primary purpose is. So, we're taking that current use of a on site package consumption retailer and expanding that to also include some potentials of other types of sales of food, whether they be prepared on site or be groceries to go, um, in conjunction with the ratio of 60/40 to the consumption on premises. Looking at having an addition to that, the person would have sales. So, you'd have the floor space and the sales as a dual, um, consideration in addition to that clarification of what types of things could be sold on that 60% side. And should Council approve that, um, that would be — we had some pricing changes that would go along with that making it 60%, um — I'm sorry, 40% of the actual Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 88 of 107 consumption as opposed to it being just a set fee. So, it would kind ' of make more sense with the ratios to go along with the percentage of what we would be charging them for consumption. I will be happy to answer any questions. I know we went over a lot of things that may make you think about this in a different Tight at this point. Um, we had that food, um — city food market, which is very similar but had even greater restrictions and no package consumption. So, we're — we're looking at that as well and the other changes. CM Longoria: So, Bernadette, does — does this fit well within the changes that we discussed earlier in terms of there is nothing that we discussed earlier that's going to somehow torpedo the changes that we put in here? Ms. Harvill: No. The only thing that I can potentially say that we've discussed is if you would like to consider it not being tied to this package sale piece. Um, right now, it lives like that so we edited that one, um, because the two concepts before us have package sale pieces involved. So, we would in no way have to blow this up. We could ' potentially down the line broaden this to not be so specific and be the ratio aspect and kind of change the name on it a little bit it wouldn't change anything about the current licensed establishments or the ones that are pending. So, we have one currently licensed and two pending. CM Longoria: Okay. Mayor Lockwood: Anybody else? Do we have any public comment on this? City Clerk: We do, Mayor. We have two. Mayor Lockwood: Okay. City Clerk: I'd like to invite Mr. Greg Cronk to the podium. Mr. Cronk: [Inaudible] [03:04:501. Mayor Lockwood: Sure, absolutely. This is Mary Cronk. Ms. Cronk: [Inaudible] topic and you're also tired. Um, my name is Mary Cronk. And my husband, Greg, and I live at 600 Hickory Mill Lane in the Birmingham area in Milton. Uh, we bought our house here in ' Milton over two years ago and we looked around all over. Um, what Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 89 of 107 ' we really thought about was where could you go within an hour of downtown Atlanta where you would find, the same city, [inaudible] [03:05:291 pastures, you find the most horse farms in Georgia. We've got gravel roads, 200 acre wooded park. Uh, we have blissful, peaceful, quiet neighborhoods. And we have the safest city in Georgia. We have a hugely unique area here. And what we really want to make sure of is that we listen to what folks in Milton really want, what our residents want. And based on our 20/40 comprehensive plan, I think it was pretty clear that our residents, while we enjoy having beer and wine with our meals, um, I think the majority of us are not in favor of having bars in Milton. And with all of the discussion you've had, this is so complex. Um, my hats go off to you with this one. Um, but — but I really, really want to encourage that we do things so closely about this because what you're considering now really impacts the future of Milton, impacts the lifestyles that we have. For many of us, we moved here because we didn't want the lifestyle of Alpharetta or Roswell or John's Creek. If we did, we would have 1 moved there. Um, really, really want to encourage you and thank you very much for all of your work on this. It is a very slippery slope. But thank you for your diligence and working with the staff to really let's not have bars. Thank you very much. Mayor Lockwood: Thank you. Tammy, if you'd please call the next speaker. City Clerk: Mr. Greg Cronk. Mr. Cronk: Good evening. I'm Greg Crook. And thankfully, I also live at 600 Hickory Mill Lane in Birmingham. Um, I just kind of want to backup whatever Mary said. I absolutely, um — I'd also say that with this revision that we are talking about doing here, it sounds very good saying we're going to have 60/40 and this is what it's going to be. One thing I don't see is how are you going to audit that? Who is checking that out? Where is the enforcement? And there is none. Um, somebody can come in and you'll get way beyond that and we'll never know. And, um, that's my biggest concern. Uh, there's — it's great to write a lot of really well -crafted rules and regulations but without enforcement, it doesn't do anything for us. Um, I would say that, uh, ' as Mary said, when we first moved to Milton, uh, I know when I first got here, I heard, uh, keep Milton, Milton so often I thought it Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 90 of 107 was an official city slogan. Um, but what I am so afraid of — but at ' the same time, I've also heard tonight that we've got concepts coming in that are going to be like, um, Avalon and, um, Shops at Buckhead. Well, I don't know. Do we really want to be Avalon? Do we really want to be Alpharetta? How many people in Milton want to be like Buckhead? Not me. So, uh, I would ask that, uh — that you guys create some good standards. I know what we heard Ms. Bernadette talk about, boy, you got your work cut out for you. Create some really good standards for us because, as my good friend, Bob, says, developers are lined up at the door. We don't have to settle. We don't have to settle for development. So, create really good standards for us and please, please, please stand by those standards. Thank you very much. Mayor Lockwood: Thank you. Do we have any more or is that all public comment? City Clerk: That concludes the public comment, Mayor. Mayor Lockwood: Okay Ms. Harvill: I'd like to clarify one thing really quickly. I apologize that, um, Bob ' reminded me of. There was a request from staff to make sure we exclude the storage. So, should this be voted on, I would ask that when you make your motion if you would consider removing from the definition that storage could be considered in the 60%. U, we're looking when you walk into the visible space for that 60% to be retail. That perspective. Mayor Lockwood: Okay. And I'm going to close the public hearing on it. And I —1 have a question just in general, Bernadette. You know, when we talked about, um, 60/40 and — and tracking the numbers and — and auditing and how does that typically work with, you know, other restaurants and whatnot? Ms. Harvill: We — we have reporting that we require, um, from the excise tax perspective. So, when they — but we could ask for it in general. So, we can expand that, um, reporting that we ask for. We do have, by right in the ordinance, the right to audit. So, we could explore doing more periodic audits, um, if that would be the direction. Typically, in the past, it would have been if someone was complaining about something that we would go in and look into something like that. We have never had a complaint that led to the need for an actual audit but we could, certainly, work those in through the laws we ' already have in place. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 91 of 107 Mr. Buscemi: And from the floor place — uh, floor space perspective, I apologize, um, we would get that from the — the initial, um — the initial plan that would come in. And then, we inspect, uh — the fire marshal goes in and inspects these yearly. Um, and I doubt that we cover — we — we don't have this kind of operation currently. But going forward, we could add that to the inspection. Just a possibility. Mayor Lockwood: Paul? CM Moore: Uh, Bernadette, just to clarify what I heard you say about the auditing and the excise tax today, how — is it just reported annually? Ms. Harvill: Monthly, um, for those that sell by the drink and for the wholesalers. So, we get, um, a listing from the wholesalers of who they're selling to and how much quantities. Then, we get from those who sell liquor by the drink, we could always ask for additional reporting in general from across all of them, um, who are serving to do such. And it tells us from food and then, the ratios and then, how much tax that they owe us. And we can work on those forms in any way to gather more information. So, we have the soft audit and then, we can do an actual books audit if we needed to. Mayor Lockwood: And availability of the information monthly is pretty remarkable if there — if there was a concern. You, actually, could nip it in the bud pretty quickly. Ms. Harvill: We have about 60 something businesses, um, all together that have alcohol beverage licenses. So, it's not like an absolute tremendous undertaking to be able to do that, expand it from the excise tax perspective. CM Moore: Okay. Thank you. And a second question, with regard to the floor space, I want to make sure 1 understand that with the storage. If it's 60/40 and you're — and you're suggesting that the storage come out of the 60% -- Ms. Harvill: Be excluded. So, before we were — kind of the scenario was we were thinking about from a staffing perspective was someone coming in and potentially having large, refrigerated spaces, large dry storage. But they're counting towards retail as storing the items that would be for sale. So, when you walk in, you're still walking into what appears to be a bar. So, making the exclusion of storage would be when you walk in, you see, actually, 60% of that visible floor space ' being dedicated to retail sales for off premise consumption or food or prepared food and meals at the kitchen and things like that could Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 92 of 107 count but not necessarily those refrigerated spaces and those dry ' good storage. CM Moore: Okay. So, yeah, just to make sure — doubly sure by saying it back to you again, so by taking that out, it's not encouraging a bar atmosphere because we're making it dedicated — Ms. Harvill: We're doing everything we can to try to tailor it in further, mm- hmm. So, we just had some idea that, potentially, someone could come in with a lot of storage and go, you know, when you walked in, you still walked in and said I — I'm only seeing a bar. Um, you could — we could talk about making the actual bar a certain percentage like we have under the ancillary section. There's a ton of things we could do further upon the extra, you know, things we're looking into. So, should you not be ready to pass this, I could definitely look into additional restrictions on that as well. Mayor Lockwood: Laura? CM Moore: I'm done for now. CM Bentley: Okay. So, when you go in, you can buy, um, craft beer or wine and ' if— what prohibits you from drinking what you buy there? Ms. Harvill: That is laws within that package store rules where you can't buy what you — so, it's not bring your own beverage, right. So, you have to buy from them the item. So, they would have a retail sales for pour by the drink menu and then, they would have a package menu and you can't take your package item and then, open it because they're not BYOB. CM Bentley: Okay. So, I'm — I just want to — so, within our own city, who is going to, you know, check — what — what department checks that? I mean, or — Ms. Harvill: Well, the way it's written, our Police Department has the enforcement capabilities at this time. And we've spoken about — we have a tool — um, a mapping tool that will allow — we have to get it updated once all the laws are in place where the Police Department could go up to there if they had a complaint or had a concern, could see what they're licensed for and then, drill down into the ordinances that support what they're licensed for to know what exactly they could and should be doing in that establishment and enforce as such. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 93 of 107 ' CM Bentley: Um, so, if — if you're drinking on the premises, you're — you're going in. And so, it has to be poured. And — and are you required to sit and — at — you know, in a certain area? The retail section is retail and then — Ms. Harvill: Yeah. So, they would have a seating area that would be for food or meals. So, the concepts we see, there is seats and there — some of them will have tables and some have a bar space. Um, so we can tailor that however it needs to be fit. And within it, we're seeing, um, a lot of the concepts where the shelving and things are — they're kind of mixing a little bit so you have tables over here then, maybe some retail between and some tables over there. Maybe it's not all one exact section. We could require that but some of the concepts don't have that. And you have a kitchen in one of them. In between is kind of the displays for the off premise consumption. Maybe bottles of wine would be right between there and then, tables on either side. CM Bentley: And — and so, is this, um —how — how many of these, um, you know, this concept do we — have we thought about how many of these types of, um, retail outlets or consumption that makes up what's — what makes a good mix within, you know, something like Crabapple? Is that to your discretion? Or how are we going to — I mean, if this becomes wildly popular, um — Mr. Buscemi: And I'm sure it's going to be a popular concept and that's why we were pushing for a warrant because this way, we — staff can really sit down and analyze how many of these are coming in and then, bring it back to Council and have the discussion, show the maps, show where things are coming in and say, listen, what do you think, get some feedback from you all. And then, we'd go back and — and — and — and whether or not they're abutting residential properties or, uh, adjacent to schools and things like that so we can really start to look at these from a — a logistics standpoint of exactly where they are and how many there are. And, uh, whether they're on second floors, third — you know, elevated. They could be possibly elevated within a building, too, because we have high — high buildings coming in, too. So, there's a lot of options that are coming out that we can — couldn't possibly predict right now on what the market is going to bear. But as it comes in, I think staff would really take a good, hard look at it and ' say how many of these do we have and keep reporting back to Council on what's happening out there and what the demand is and Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 94 of 107 the way things are coming in. So, we —we can come back and really make sure we, uh, regulate it properly. Mayor Lockwood: Peyton. CM Jamison: I just want to double check. So, approving this allows the warrant, allows on for a warrant, not — not by right. Ms. Harvill: We don't have a wan -ant within this particular one. This is just beer and wine. And, typically, our warrants are the liquor selling side. From a zoning perspective, we can do all kinds of things with warrant. We just have to go through planning commission, right, to change Chapter 64. Mr. Buscemi: Yeah. Ms. Harvill: It could just be a little bit more of a process should you want to go down that road. CM Jamison: No, 1 mean, I'm — I'm in favor of this concept. I like the warrant aspect on a lot of this stuff just because, you know, we're having some growing pains here and it kind of just prevents some stuff that ' we weren't anticipating because I know this is for, uh, business that's going into Crabapple. Signed the lease a while ago. I think they're going to be great. Um, so I don't want to prevent them from getting in there. But I — I think it's important that we do have that warrant. So, we just — it's that extra bit of — so we just know how many issues, you know. CM Moore: Yeah. That's a really good idea. Mayor Lockwood: How would that process work? Ms. Harvill: So, are we looking towards the potential of having anything that would not be a standard consumption 50150 golf course and that maybe potentially wanting it by warrant? Is that what we're talking about at that level? Mayor Lockwood: What would you suggest? Ms. Harvill: That's — well, we were just talking about that. Those would be their — your establishments that you may have concerns about, right? So, anything that's not doing a restaurant that everyone envisions as a traditional eating place, we can look at that. Um, it would put these ' on hold, the two concepts on hold until that was properly done, Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 95 of 107 ' which takes a few months. Um, the only other option would be that if you approve this and then, we put a moratorium, potentially, and move forward with that future wise. CM Mohrig: So — so, if you were going to move towards a warrant process, that' s going to be Chapter 64. Ms. Harvill: Right. Mr. Jarrard: Um, and it's different — obviously, it's different from alcohol. The — I don't know where in the process they've gotten this far and I don't know what — what they've already gotten by virtue of our current zoning. Um, what you — we don't have a moratorium on anything like that. Um, if we were going to put a moratorium in place, we could do so if — if the Council chose to do so. But don't — uh, we can't confuse this with — with Chapter 4 — with Chapter 4. Um, so, if this was something the Council wanted to see get at it under the form -based code to become under — under a warrant, let's say, in — in T5 and T4 open and maybe T6 in Deerfield, um, we could do so. ' But that process would be going — starting at CZM and moving through the process. And I don't know if it would affect the current — the current — CM Jamison: The issue is I — I know the current people because I'm in the same building as them. And I mean, they've been building out for a while. And they're probably going to be ready to open in — in 30 days. Um, so — Mayor Lockwood: Let me — let me ask because just from what I'm hearing, I mean, obviously, the reason we're talking about this because we don't know what the future is and how many applications, how many more we would have, um, plus the people that have already applied, I'm thinking they'd probably be under the old code. But is this something if we pass this now, the applications that are already in could open or whatever but then, immediately, we go to the next route where we change, uh, Section 64 to have to have a warrant moving forward? Is that an option? Ms. Harvill: We can absolutely do that. Mr. Jarrard: That is exactly what 1 was going to — going to recommend. It ' wouldn't — it wouldn't affect this current one. And I don't think that's what I'm hearing is Council's concern. It would be the Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 96 of 107 proliferation of these types of, uh, establishments. And we'd be able ' to, uh, move forward and get that in — under 64. If we were concerned that we would see something come in prior to that, we could always put a moratorium in place. Um, but it's a — I don't know that we have any — I haven't heard of any other plans coming in. Ms. Harvill: We have three current concepts that are on hold, too, that would comply with this one that still wouldn't currently comply with this but are working towards getting into compliance with this. And if you put a moratorium then, we would have a complete hold until we get through those processes to start considering any additional applications. Mr..larrard: Understood. So, those were the three that we discussed, I think, at the last meeting or the meeting before. Um, and, uh, so beyond that, we — we could start putting this through the — the text amendment process. Mayor Lockwood: In those three concepts that are before us right now that are in process, are you — you've had significant time to measure those. Are the — are the concepts concepts that we need to be worried about in ' terms of the way the discussion has gone this evening or in the last meeting? Or are they such that you're pretty confident with, given the current restrictions, it's probably appropriate for those three or not? And should we be comfortable proceeding? Mr. Buscemi: Of the two that have come in that — I'm sorry. There's — there's two that came in. And I think we — we'd be okay. The third one hasn't really complied yet. So, that one, I'm — I'm a little apprehensive about. Mayor Lockwood: Okay. Laura. CM Bentley: Yeah. So, I — I definitely would — would want to pursue the warrant. I mean, and part of the reason is, you know, we have been so careful in Milton in — in our existing establishments, you know, that have these small bars that, um, are part of Milton. You know, we need to be respectful of their business as well, um, and — and what they have complied with for all of these years. So, I — you know, I would hate to see some —you know, something like this just overwhelm our city and become what we are known for when we work so hard to be, um — have great eating establishments with, you know, small bars that are not the primary reason that people go there. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 97 of 107 ' So, I'm definitely in favor of, um, pumping the breaks, I mean, getting —you know, I understand that people have applied. Um, and but as we go forward. Ms. Harvill: And so, should any of those not be in the compliance, we have the process to remove the license as well. So, just to keep that in mind as the failsafe. Mayor Lockwood: So, what I'm hearing is Council okay with possibly, you know, considering moving forward with this but then, directing staff to look into the —the warrants and the process that would be to, uh, add warrants to the — these types of applications. CM Moore: So, if the three — if one of the three or any of the three were to be problematic, what's the timeline where we would have the ability to review that? Is it a year from now or is it — Ms. Harvill: We have a process that would include a public hearing and notification and things like that. So, I would say it would at least be a few months maybe, like a month or so. I forgot the exact timeline. But it has to be proper [inaudible] [03:23:461. tMr. Jarrard: Well, it depends on what we're talking about by problematic. CM Moore: Oh, yeah. I don't know what it is yet. Mr. Jarrard: If we — if we think it's a nuisance then — then, we have a process in place where — where it comes before Council for revocation of the license. If we think it's something that just isn't a good fit for the city of Milton that would be a yearly thing on the review of Chapter 4. CM Moore: And so, that would be a year from now with the fact that these have just been approved. They wouldn't be subject to our November — you know, October/November timing right now for review in — for a granting of the license again in January. It would be a year from now probably. Mr. Jarrard: You're not stuck to any timeline of when you can change these. If — if you voted it in tonight and then, a month from now, you wanted to change it again, you could. It's just so long as — it's — it's whatever regulations we grant the license under, which is at the end of the year. ' CM Moore: Right. Yeah. We just don't want to make a mistake. Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 98 of 107 Mayor Lockwood: Yeah. I think this is a good path to put the brakes on and to not stop ' existing problems. Okay. Are there any other, um — or do we have any more public — no, I think I — I think 1 closed the public hearing on this. City Clerk: You did. Mayor Lockwood: Um, so, and also, I know, Bernadette, you had — staff had recommended a change if someone makes a motion to support this, um — Ms. Harvill: But just to clarify, it would be to exclude storage from the floor plan space calculation all together. So, we would just exclude storage from the floor plan. Mayor Lockwood: Okay. All right. Is there anything else? I'll open up for a motion on this item. CM Jamison: Mayor, I'd like to make a motion to approve the Agenda Item No. 21-271 with staff recommendation to exclude the storage from the floor space calculation. CM Cookerly: Second. ' Mayor Lockwood: Have a motion for approval as read by Councilmember Jamison with staff's recommendations and a second by Councilmember Cookerly. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Jamison moved to approve Agenda Item No. 21-271, with the exclusion of storage from floorplan calculations. Councilmember Cookerly seconded the motion. The motion passed (7-0). Mayor Lockwood: Any opposed? That's unanimous. Okay. So, Tammy, if you'd please call the next item. City Clerk: Mayor, that item is consideration of an ordinance of the Mayor and Council of the city of Milton, Georgia to adopt amendments to fiscal 2021 budget for each fund of the city of Milton, Georgia amending the amount shown in each budget as expenditures, amending the several items of revenue appropriations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed ' Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 99 of 107 1 actual funding available. It's Agenda Item No. 21-272, Ms. Bernadette Harvill. Ms. Harvill: Good evening, Council. So, before you, we have the FY 2021 amended budget. We went over these amendments requests in detail at the public hearing that was on September 8 though amendments prior to this were approved on May 10 so this is based on building off of those amendments. And they are representing adjustments resulting from current circumstances, opportunities, and recommendations from staff. Again, before you, this is the general fund budget summary. You will see current anticipated revenues for fiscal year 2021 at $34.7 million, which includes that $1.65 million from the one-time transfer of Cares Act grant funding. There is an increased request of $948,292.00 projected revenues being proposed, which will result in $35.6 million in general fund revenues for FY 2021. Going down to the expenditure summary, you will see a current 2021 budget at $38.95 million with a proposed amendment in the amount of $605,419.00, which will result in an overall expenditure budget of $39.6 million for fiscal year 2021. ' These requested amendments include a decrease of $412,558.00 to operations including a release of $236,217.00 from contingency, which will be reallocated in FY 2022 and a transfer out to the capital projects fund in the amount of $1,017,977.00 of which $17,977.00 will be transferred to the police vehicle replacement reserve to account for the sales from surplus vehicles and $1 million towards the development of that new active park complex we had spoken about this evening once the site has been identified. Once we take all of these amendments into consideration, the ending fund balance is projected at $9,182,040.00, which does put the city in line with compliance for the 25 % of subsequent year's revenues for the fund balance. I will be happy to answer any questions. I won't go into any of the details, um, as we went into those specific details for the adjustments last meeting. Mayor Lockwood: Any questions? Ms. Harvill: Excellent. So, moving on to those special revenue funds, um, within the confiscated assets fund, the department did have an identifiable, um, expense that was, um, compliant. So, that is moving the budget to set it up to cover that training expenditure. In the operating grant Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 100 of 107 fund, again, recognizing the grant received by the Police ' Department for de-escalation training. And then, in the American Rescue Plan Act Fund, just looking to recognize the revenues that the city received back over the summer towards those, um, projects. Here we have the capital projects funds. And I will go over these. Um, looking to receive that money in from the general fund in the amount of $1.02 million, again, towards the active park complex and the police reserve. Also, recognizing Fulton County IGA funding for water, um, improvement at the northeast Crabapple project. That project is contained with the TSLOST fund. So, in a moment, you'll see that being transferred right out to that fund. It just has to be recognized in this fund. Um, we also have, um, moving out some funding from the Providence Park account and the Cox Road account. And Providence Park, we're just moving that money from the general — from the capital projects fund over to the capital grant fund to account for the city's portion of those projects, um, being the trail and the pier improvement. At Cox Road, looking to correct the way we utilize impact fees, which will utilize a greater portion on the turfing as opposed to the original purchase. That's just a correction , to build and utilize a greater percentage of impact fees. There is the recognition of that million dollars coming in from the general fund. And then, releasing contingency, again, to be utilized again in 2022. So, that was our capital projects fund. Here in the TSLOST fund, recognizing that, um, sales taxes have been coming in higher than we anticipated. So, recognizing the increase of $415,000.00 to the transportation and local purpose option sales tax account. And then, also reducing the investment income as we're still not receiving as much as we have anticipated on that end. So, rates have not come back. Recognizing that transfer in from the capital projects fund and applying it to the northeast Crabapple project for the IGA funding from Fulton County. In the capital grant fund, once again, taking the [inaudible] [03:30:50], um, additional funds for the safety action plan and putting them towards traffic calming. Um, Sara Leaders and her team are identifying exactly what we can utilize those funds for. And they may be broader than just, specifically, traffic calming. So, those will go into specific projects as she identifies them. Um, the trail — the park and trail expansion and the site improvements at the ' Lake Pier, again, being recognized for the city's portion of those Regular Meeting of the Milton City Council Monday. September 20, 2021 Page 101 of 107 ' grant projects as they came in a little higher than we originally anticipated. In the impact fees fund, um, we left the revenues as is. As we go to look into the methodology, things may change. But for now, we are just doing operating transfer in of that $420,492.00 to correct that Cox Road funding. And that is the end of the amendments for FY 2021. If you have any questions, I'll be happy to answer them. Mayor Lockwood: Any questions? Great. Public comment on this? City Clerk: We do not. Mayor Lockwood: Okay. I'll close the hearing and then, I'll open up for any comments or — or motions. CM Cookerly: Mr. Mayor, I'll make a motion please that we pass Agenda Item No. 21-272 as read. CM Mohrig: Second. Mayor Lockwood: All right. I have a motion for approval from Councilmember ' Cookerly with a second from Councilmember Mohrig. Any comments? Hearing none, all in favor please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Cookerly moved to approve Agenda Item No. 21-272 as read. Councilmember Mohrig seconded the motion. The motion passed (7-0). Mayor Lockwood: Any opposed. That's unanimous. All right. If, uh, our city clerk would please call the next item. City Clerk: That final item is consideration of an ordinance of the Mayor and Council of the City of Milton, Georgia to adopt the fiscal 2022 budget for each fund of the City of Milton, Georgia appropriating the several items of revenue appropriations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available, Agenda Item No. 21-273. Wrap us up, Bernadette. Ms. Harvill: The final stretch. Okay. This is the request for our proposed budget ' for FY 2022. We just went over it in detail in the public hearing. I put up on the screen for you to review the — the consolidated budget Regular Meeting of the Milton City Council Monday, September 20, 2021 Paae 102 of 107 summary so you could see each fund and what those requests were ' for revenues and expenditures. And I will be happy to answer any questions. Mayor Lockwood: Any questions? Rick. CM Mohrig: Sure. Could you review this in detail? Ms. Harvill: I could. [Crosstalk] CM Mohrig: Just kidding. Mayor Lockwood: All right. Do we have any public comment? City Clerk: We do not. Mayor Lockwood: All right. I'll close the hearing and I'll open up for a motion. CM Mohrig: Mr. Mayor, I would like to make a motion that we approve Agenda Item No. 21-273. , CM Moore: Second. Mayor Lockwood: All right. I have a motion for approval from Councilmember Mohrig with a second from Councilmember Moore. Any discussion? Hearing none, all in favor please say aye. Councilmembers: Aye. Mayor Lockwood: Any opposed? That's unanimous. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 21-273 as read. Councilmember Moore seconded the motion. The motion passed (7-0). Ms. Harvill: Going on vacation. CM Cookerly: Congratulations. You worked very hard on this. And you went to a lot of trouble — Ms. Harvill: Thank you. I appreciate it. And our staff is here this evening to I support. They put in a ton of work. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 103 of 107 ' CM Cookerly: Your staff was wonderful and you explained it in great detail at all our meetings. Thank you very much. MAYOR AND COUNCIL REPORTS Mayor Lockwood: I'm going to move on real quickly to reports. Does Council have anything they want to report on? CM Moore: I have one. Mayor Lockwood: Paul? CM Moore: All right. I'd just like to, uh, take a moment and call out some of our, uh, most illustrious members of our, um, city employment. And that is, uh, one member in particular, uh, now Sergeant, then Detective Christopher Bradshaw who participated in the, uh — actually, as a family, we experienced a — a home invasion three years ago, almost four years ago. And the process worked. It was because of the terrific detective work by Detective Bradshaw at the time, now Sergeant and his staff. And I apologize for not remembering all of ' the names of the officers that responded that night. But they handled us with kid — kid gloves, took very good care of us. They really checked the scene and, um, through their due diligence, they made it aware up and down the eastern seaboard of what the particular, um, MO of those, uh, criminals. They were, actually, caught a couple of days later up in the Baltimore area. Um, this made front page news of the Boston paper because there were over 20, um, homes that were invaded up there over — over a period of time prior to their 3 incidents in Milton. Um, all three — all three incidents in Milton, um, were, um, resolved in the last couple of weeks. Not only were they caught but it was a multimillion dollar, multi -state, um, series of events that took place. They were, um, put in jail three and a half years ago. They were, um, all found guilty last week in Baltimore and will be charged accordingly. But it was the work of Detective Bradshaw in particular that called it out where it was six months later when they figured out the MO of these guys. They were able to tie it back to Milton. And had it not been for their —the hard work of our Milton police officers, it would not have been tied back together. So, superior work by our law enforcement. We know we, uh, reside in a very safe city. ' Couldn't be prouder of the work that our team does on our behalf. And, uh, I was, at the time, of course, not in a elected position. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 104 of 107 But, um, I feel very — very, uh, rewarded as a citizen that we have the kind of service that we do from our officers. STAFF REPORTS Police Mayor Lockwood: Okay. And with that, I want to ask Chief Austin to come up and give us a report. Chief Austin: Good evening, Mayor and members of Council. And thank you for bringing that up. It was, uh, excellent work and we're going to try to get that word out a — a little bit, uh, through our media as well. So, thank you for that. Uh, on the crime front, uh, property crime down overall from this time last year eight percent. Uh, overall crime down five percent. We are up by one report on crimes against person. Uh, on the crash front, um, we are down six percent from our previous three year average and, uh — which includes a nineteen percent, uh, year to date, um, at the same timeframe, uh, nineteen percent drop in injury crashes. ' So, things are going in the right direction there. Um, out in the community, officers, uh, between August and thus far in September attended the Crabapple First Baptist Community Cookout. Uh, had a community officer speak at a meeting of the Milton High School football team, uh, presented an award to a class at Summit Hill Elementary. Uh, conducted an officer friendly program with the students at Milton Montessori. Uh, and also, last week, uh, we — excuse me, we began a new session of the Citizens Police Academy. Uh, we also recently hosted an Alive at 25 teen driving course. And we were very honored to have participated in the 9-1-1 remembrance ceremony at Milton High School. Uh, and some great news and I'll have Sergeant Noblett come up, on Thursday, July 15, it seems like a long time ago, I, Sergeant Noblett, and Captain Barstow attended a virtual Commission on Accreditation of Law Enforcement Agencies or CALEA hearing regarding our status as an accredited agency. Uh, this process occurs every four years. Earlier this year, the Milton Police Department underwent a very stringent and intensive analysis by assessors from across the country to determine if we were meeting national best practices. I Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 105 of 107 ' The very intensive review consisted of analyzing our policies and procedures, observing interactions with the community, interactions with other law enforcement agencies, as well as interdepartmental relationships. Additionally, the assessors examined our proofs of compliance, conducted interviews with staff, facilitated a virtual public town hall meeting with community members, and hosted a private call in session for anyone who wished to provide anonymous feedback. There are 180 CALEA standards that we must comply with for our national accreditation, which covers topics such as use of force, personnel and legal matters, patrol functions, communications, and property and evidence. We're very happy to report that the commission voted unanimously to reaccredit the Milton Police Department for an additional four years. They found zero issues with our agency's policies, practices, and procedures. And we were subsequently awarded this framed certification, which we will proudly display at the Milton Police Department. I'd like to personally thank Sergeant Noblett here who spearheads our state and national accreditation initiatives. Uh, our assigned accreditation assessor was very complimentary of Sergeant Noblett's work throughout the process. And Sergeant Noblett ' represented the city of Milton and the Milton Police Department in a very positive light. So, thank you, Sergeant Noblett. So, there's our, uh, four year accreditation. And that's our report tonight unless there are any questions. Mayor Lockwood: I'll just add I know when — going through the process to get accredited — uh, accreditation, you know, I — you know, they interview me as well, not that I know a lot about the police side. But, uh — or police work. But, uh, the interviewers also have very positive things to say about our department and our city, so. Chief Austin: Thank you very much. STAFF REPORTS Human Resources Mayor Lockwood: Sam, if you want, we could wait another night to just — I Mr. Trager: It's not all accreditation and Bernadette show for the evening but I'll give it a shot. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 106 of 107 Mayor Lockwood: No. Don't worry. We learned a long time — after you spoke about three minutes, people quit listening. So — Mr. Trager: Um, I just want to talk about a few statistics of what's going on and some things going on in HR. Um, as far employee retention goes, we've lost, um, about 19 employees year to date. And including three of them due to retirement. A little more concerning is that six of those nineteen were with the city for a year or less. Um, a lot of them just simply weren't necessarily a good fit. There's a very short turnover in several positions, um, that we've had. And they realized that and left the city's employment pretty quickly. Um, projecting forward, we're looking at a retention rate of about 84% this year, which would be down from 87% in 2020. Um, Bob brought out some new employees earlier tonight. Um, HR also has a new human resources manager. Anu Sisk joined our staff full time last week. Um, she comes over from Sandy Springs having managed their payroll system over there. Um, she brings about 20 years of experience, including having worked at ADP and local governments in both compensation and benefits. So, I'm excited to have her on board. Um, recruitment. We've mentioned we've lost 19 employees. We filled about 22 positions so that includes all positions that we've lost. Plus, we worked on about three internal placements that we've had this year. Um, our Leader Gov training is going well. We have a poll out to our, um, employees, our supervisory group to help us guide where the program goes from here. We've been with Leader Gov for about a year. So, we're looking forward to how we can look at changing and amending our process for the next year going forward. And finally, next week, we're going to bring in, um, two speakers both with very heavy public safety backgrounds to talk with our — all of our employees about, uh, workplace stressors, recognizing signs of anxiety and depression in the workplace, um, suicide prevention, and how to find competent mental health resources. So, that's all I have for my report. Any questions? Mayor Lockwood: Any questions for Sam? Mr. Trager: Great. Thank you very much. Regular Meeting of the Milton City Council Monday, September 20, 2021 Page 107 of 107 ADJOURNMENT Mayor Lockwood: Thanks for everybody being here. I know it's been a long night. All right. Um, with that, if there's nothing else, I'll, uh, open up for a motion to adjourn. CM Longoria: So moved. CM Mohrig: Second. Mayor Lockwood: Okay. I have a motion and a second to adjourn. All in favor please say aye. Group: Aye. Mayor Lockwood: That's unanimous. Motion and Vote: Councilmember Cookerly moved to adjourn the Regular City Council Meeting at 9:45pm. Councilmember Mohrig seconded the motion. The motion passed (7-0). 0 Date Approved • T 2021 Joe