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HomeMy WebLinkAboutMinutes - CC - 11/07/2022Regular Meeting of the Milton City Council Monday. November 7, 2022 Page 1 of 34 I CALL TO ORDER Mayor Jamison: Thank you, Father Reggie. I would like to call the regular meeting of the Milton City Council for Monday, November 7, 2022 to order. The city strongly recommends that you review tonight's agenda carefully. If you wish to speak on any of the items on the agenda, then please bring your comment cards to the clerk as soon as possible. While the Milton rules allow a speaker to turn in their comment 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 the role and make general announcements? ROLL CALL City Clerk: Good evening, Mayor and Council. I'll be happy to call roll for the November 7, 2022 regular meeting. I would like to remind those in attendance to please silence all cellphones at this time. Those attending the meeting who would like to make a public comment, you are required to complete a public comment card prior to speaking on the item. Your comment card must be presented to the ' City Clerk prior to the agenda item being called. Any comment cards received after the item has been called will not be accepted. All speakers, please identify yourself by name, address, and organization before beginning your comment. If you are representing an organization, an affidavit is required stating you have the authorization to speak on behalf of that organization. Mayor Jamison: City Clerk: CM Verhoff: City Clerk: ' CM Moore: Please review tonight's agenda and if you would like to make a comment, please bring your comment card to me now. Demonstration of any sort within the chamber is prohibited. Please refrain from any applause, cheering, booing, outburst, or dialogue with any person speaking. As I call roll this evening, please confirm your attendance. Mayor Peyton Jamison? Here. Councilmember Andrea Verhoff? Here. Councilmember Paul Moore? Here. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 2 of 34 City Clerk: Councilmember Jan Jacobus? ' CM Jacobus: Here. City Clerk: Councilmember Rick Mohrig? CM Mohrig: Here. Mayor. Mayor Peyton Jamison present. Councilmembers Present: Councilmember Andrea Verhoff, Councilmember Paul Moore, Councilmember Jan Jacobus, and Councilmember Rick Mohrig. Councilmembers Absent: Councilmember Juliette Johnson and Councilmember Carol Cookerly. PLEDGE OF ALLEGIANCE City Clerk: And for the record, Councilmember Juliette Johnson and Councilmember Carol Cookerly are absent. Would everyone please rise for the Pledge of Allegiance. , All: I pledge allegiance to the flag of the United States of America, to the republic, for which it stands, one nation under God, indivisible, with liberty and justice for all. APPROVAL OF MEETING AGENDA Mayor Jamison: Next is the approval of the meeting agenda. Council, I would like to add an executive session to discuss land acquisition, personnel, and potential litigation. Do I have a motion? CM Moore: Mr. Mayor, I make a motion that we approve the agenda with the requested adjustments. CM Jacobus: Second. Mayor Jamison: Okay. I have a motion from Councilmember Moore and a second from Councilmember Jacobus to approve the meeting agenda with the added executive session. All in favor, please say aye. Councilmembers: Aye. I Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 3 of 34 Motion and Vote: Councilmember Moore moved to approve the Meeting Agenda with the following amendment: Add an Executive Session to discuss Land Acquisition, Personnel, and Potential Litigation. Councilmember Jacobus seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. Mayor Jamison: Any opposed? All right, that's unanimous. Is there any public comment? City Clerk: Mayor, we do not have any general public comment. CONSENT AGENDA Mayor Jamison: Okay, so I'll waive the public comment and I will ask that you call the consent agenda items, please. ' City Clerk: Mayor, that first item is approval of the meeting minutes for the October 3, 2022 regular City Council meeting. It's Agenda Item No. 22-335. The next is approval of the meeting minutes for the October 10, 2022 Special Called City Council Meeting. Agenda Item No. 22-336. Item C is approval of the meeting minutes for the October 17, 2022 regular City Council meeting. It's Agenda Item No. 22-337. D is approval of a construction services agreement between the City of Milton and JG Leone Enterprises, Inc. for Freemanville Road at Birmingham Road Roundabout Project. It is Agenda Item No. 22- 338. Item E is approval of Task Order No. 2 with KCI Technologies, Inc. to provide city TSPLOST Batch 3 design services for Freemanville Road at Redd Road interaction improvement project. Agenda Item No. 22-339. Item F is approval of construction services agreement for the installation of automatic MagneGrip Diesel Exhaust Extraction System for Fire Station 42. Agenda Item No. 22-340. Mayor. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 4 of 34 Mayor Jamison: Thank you. Council, do I have a motion to approve the consent I agenda? CM Jacobus: I make a motion that we approve the consent agenda as read. CM Mohrig: Second. Mayor Jamison: Okay. I have a motion from Councilmember Jacobus and a second from Councilmember Mohrig to approve the consent agenda as read. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Jacobus moved to approve the Consent Agenda as read. Councilmember Mohrig seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. REPORTS AND PRESENTATIONS Mayor Jamison: Any opposed? All right, that's unanimous. So, we will move on to ' reports and presentations. Will the City Clerk please sound the item. City Clerk: Mayor, that item is North Fulton Community Improvement District overview of highlights of its investment impacts on the community, including along the GA 400 corridor and to discuss the Blueprint III Master Plan adopted in October of 2022. With the North Fulton CID, Mr. Alex Battle. Mr. Battle: Thank you, Mayor and Council. I'm glad to be here and just explain a couple things that we have going on here at the North Milton CID. Go to the next slide. So, here's the boundary of our current district. We go from Mansell Road all the way up to the Forsyth County line and as far west as Highway 9 and as far east as North Pointe Parkway. Go to the next slide. So, one project we have going on right now is the Davis Drive Extension, which is going to connect West Side Parkway to Mansell easier. So, a lot of folks were cutting through the parking lot illegally. This project adds a legal avenue for that connection. So, right now, the bit project we're working on, as well, is the Haynes Bridge Tunnel. The tunnel is going to go from North Winds , development to Lake View right across the street. This is going to help connect the Alpha Loop to the Big Creek Greenway. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 5 of 34 And this project is right near the North Point Mall. It's known as Encore Greenway Park. It's going to provide that grand entrance into the greenway for the mall with nice stack stone, kind of an amphitheater, light bollards, and elevated walkways into the greenway. And now I'm going to actually hand it off to Eric Bosman here in a moment. Before I do that, I want to thank you all for helping us partner with the Winward LCI to discuss future land use and transportation projects, in addition to economic development. Also, we're going to be holding stakeholder meetings for the MARTA stop at Winward Parkway, kind of get a lot of the property owners in to give some input so we can make it appeasable to the community. Now, I'm actually going to hand it off to Eric to discuss a CID impacts. Mr. Bosman: Thank you, Alex. Good evening, Mayor and Council. It's a pleasure to be with you this evening. As Alex hinted at, the CID doesn't do anything on its own. It's really a story of partnerships, of how our local business district collaborates with you all at the municipal level, as well as at the regional state partners in order to get projects built. The CID is now coming up on its 20-year anniversary. One of the questions we've often been asked, going into the pandemic, but ' potentially coming out of the pandemic, is what is the value of the Community Improvement District. And we never really tried to step back to try to capture that until a couple of months ago as we started to come out of the pandemic. So, we have a few slides to walk through what that proposition actually looks like. This is the biggest headline we can give you, is over the CID's 20-year history, the CID has invested $28 million of local revenue to create over $170 million in infrastructure improvements. That means for every dollar that the North Fulton Community Improvement District gains from its local businesses, we get $5 in return, from the state, from federal grants, and revenue sources from SERTA, GRETA, the Department of Transportation. The CID has a long history of envisioning public improvements with its partners, putting in the seed money to get those efforts designed and moved forward and ready for state and regional funding. So, that is at the core of what the CID does. So, the other key thing is when we started to look at the Community Improvement District in its current state, Alex talked about the boundaries from just south of Mansell to just north of West Side Parkway. What you need to know is that the property value that is in the CID today, Fulton County assessed property value, is over $1.5 billion. While that is an impressive collection of properties, Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 6 of 34 what's more important is the increase in value of those properties is ' 37.5% over the last five years. That is a tale of the investments that have been made and the care and strategy that has been placed in building out this portion of the Georgia 400 corridor. The natural question that that brings about is well, if you're just looking at the CID, is that the advantage of being on Georgia 400? Or is that the advantage of the CID? So, on the next slide, that's the analysis that we actually did. We looked in the entire 400 corridor from just west of Highway 9 to just east of the Big Creek Greenway. When you look at the increase in values and the value per acre within the CID area, there is a 26.7% value premium of being in the CID versus being just outside of the CID. Areas that have those same benefits in terms of access to Georgia 400, the fiber that's been placed in the ground many years ago that led to the growth in this part of North Fulton. All those advantages are the same. The difference is that proximity to 400 and the involvement and the strategy, the placemaking, the investments that are being made by the CID. Again, a difference of 26.7%. Where I mention that five-year increase within the CID is 37.5%, ' the five-year increase in property value just outside of the CID is just a little less than 26%. So, while all boats are being raised in the area, there absolutely is a benefit and a premium to being in the CID. And some folks may say, well, isn't that being carried by just Avalon or just the office or the hospitality district? The next slide breaks it into each and every one of those sectors. What you will notice is that the value premium across any one sector when we isolate it is 15 to 30% of being of the CID versus outside the CID. Again, that's the power of leverage. That's the power of strategy. That's the power of building catalytic projects that enhance access and connectivity and placemaking to our local businesses. Now, while that's the tale of the tape of what the CID's impact has been, the CID really is about projects. So, our next couple of slides walk through just some of those investment projects that the CID has made over the last number of years. One analysis we did is we looked at where are new permits, where has development activity actually happened over the last five years. Within Roswell, Alpharetta, and Milton, 65% of your permits have been pulled within the CID area. Now, for you all, Alpharetta is carrying a lot of that weight. We have just a very small portion of Milton. But I dare ' say, if we extrapolated that a little bit, much of your development Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 7 of 34 ' activity, commercial development activity has also been in very close proximity, just outside of the CID boundaries. Then a couple of example projects that are really signatures of what the CID does. So, one is Encore Parkway. If you ever drove across Encore Parkway before this project was completed, I don't know why you would, it didn't go anywhere, but it was a very narrow little two-lane street. It actually didn't have sidewalks. It had ledges on either side. I vividly remember when we did the North Point LCI, there was a young lady who had moved into the townhomes on the west side of Georgia 400 who said she likes to get up in the morning, put her child in her stroller and walk over to the coffee shop on the other side of Georgia 400. Well, that concrete ledge wasn't large enough for a stroller. She physically had to walk onto the travel lane and the bridge to get there. So, this endeavor wasn't just for her, although she's definitely my picture postcard of why this project made a difference, but the CID did the design and engineering of this project and then gathered together over $12 million in state and regional funds that might have gone elsewhere but were brought to North Fulton because of the ' vision and the opportunity that this project bought to be a complete corridor. Not only to retain the travel lanes that existed, but separate wide pedestrian sidewalks, a dedicated bicycle facility. It was the first connection of the Big Creek Greenway across Georgia 400. While it was really about access and connectivity, the two side benefits of this project is they created a beautiful stone gateway into North Fulton that is easily recognizable for anyone driving up Georgia 400 today. That aesthetic that we created with the painted stone will now also be on many of the new bridges that will be on Georgia 400 as part of the express lane project. But you also see on the left the amount of investment and development that this project brought because it reconnected the east side and the west side of Georgia 400. So, residential units, retail, townhomes, and then an additional 200 new residential units that have been added over the last several years, as well as Top Golf. All, in part, came because this connectivity was made and reinforced on Encore Parkway. Two other examples of where we've done this. One is West Side Parkway. You remember before Avalon was Avalon, it was called Prospect Park. There was a partial built parking garage sitting in the ' middle of the site and West Side Parkway did not exist. It stopped at Old Milton Parkway and then began again at Web Ridge Road. It was the North Fulton CID that stood in the gap and worked with the Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 8 of 34 property owner that had gone bankrupt in order to reclaim the ' property so that West Side Parkway could be built and completed, and now provides that alternate to Georgia 400 on the west side of the road. Clearly, Avalon benefited from that. But what we didn't even anticipate with that improvement was the amount of commensurate development that would happen on Thompson Street between Downtown Alpharetta and Avalon, as well as the spinoff development on the south side of Old Milton because of the connectivity that this provides. And the number of residents and employees that can move easily through North Fulton to get to places like Fisery in the HP campus, which is now being redeveloped and rehabbed, and all the business throughout the west side of our district. And then the last project I'll point to is North Winds Parkway. Again, a roadway that didn't exist to the south of Avalon down to Jackson Health Care at Kimball Bridge Road. This was another project where the CID noticed the opportunity to create a catalyst connection. The CID designed, engineered the roadway, and then struck a partnership with the City of Alpharetta, as well as the State ' of Georgia in order to fund the completion of the road that now is the front door to Gwinnett Tech, but also became a catalyst for new office development on the west side of North Winds Parkway, as well as two new neighborhoods, and enhanced connectivity to allow for the renovation and expansion of Jackson Health Care. So, while the CID's core business is really about infrastructure, when we're thinking about infrastructure investments, it's really about how do we better our community in terms of connectivity, walkability, enhancing our trails and bicycle network, and creating the framework for new development and new investment for new jobs and for new places to live within the Georgia 400 corridor. So, my next to last slide just lists all of the other endeavors, several of which Alex talked about at the beginning. The CID is consistently updating its blueprint master plan. Again, with your partnership, we'll be helping update the Windward LCI. All of this about looking into the future and identifying where these connections need to be made, how we can enhance the community today, and how we can set the table for new development that fits within your overall vision for where the community is going. I Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 9 of 34 ' And finally, we do all of that through our blueprint master plan. As Alex mentioned, we updated that just a couple years ago. But the board is consistently re -looking at our project list. Our board is actually going on retreat, the CID board, in December. We're going to be brushing off the Blueprint III project list and updating it. Because now with the investments that you're making in TSPLOST 2, we need to re -look at our project list one more time. And that, again, opens the opportunity. We're always willing to hear from you all as our local officials and leaders of other investments that we should be looking at adding to our work program. And how we can partner with you to continue to enhance North Fulton as a whole, but also, Milton as one of our partner communities, as well. With that, we'll stop with the presentation and Alex, and I will be happy to answer any questions that you have. Mayor Jamison: All right, thank you. Any questions? I tell you what, you are doing a fantastic job. We appreciate everything that you have done. I know you all have given some money for the infrastructure, I think, with the COVID stuff, working with Alpharetta on that. You all have done a great job. Thank you. Looking forward to all the future ' projects. Mr. Bosman: Thank you. Looking forward to partnering with you. Mayor Jamison: Appreciate it. Attorney Jarrard: Mayor, point of order very quickly. We had an individual that submitted their card to be able to speak right at the same time the consent agenda was just starting to be read. I think the appropriate play here would be to allow that individual to come up, if the council will allow it. One speaker that wants to speak on a consent agenda item. Mayor Jamison: They want to speak on a consent agenda item that we've already voted on? Attorney Jarrard: Yes. Mayor Jamison: Okay. Where would we put that on? Attorney Jarrard: You would simply allow them to come up right now, go ahead and ' have their discussion. That would be it. Mayor Jamison: Okay. Is Council okay with that? Okay, sure. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 10 of 34 City Clerk: Mayor, I'd like to invite Mr. Adam Connor to the podium, please. Mr. Connor: My name is Adam Connor. I apologize if it's something you've already voted on. By happenstance, I was made aware of a current project based on the great stuff you guys do and post via social media. So, I would never have actually even known about it unless I saw and came across that today. The item 22-339, based on the intersection of Freemanville and Redd Road, when I looked at the actual photo of the plans, I noticed that when it was approved and when it was done, it's an older photo. And now my property will actually be directly impacted from that. Not in a major way, but where my driveway currently sits, which was built in February of 2022, I will come out of my driveway into a concrete median, which will force me and my family to make a right-hand turn with no where to turn around to leave our home. Based on that, if you look at the plot in the picture that you guys have, it shows the property owner as a Mr. Chris Gray. He has since subdivided that location into three separate properties, all of which new homes are on. I am one of those. Is anyone familiar with the Phillips Cemetery? I'm right next to it. So, my driveway was cut right along that cemetery that is there. Based on the photographs that I was reviewing today, I will come out of my driveway into that concrete median. I know you guys have already voted on it, I know it was already done. But since the time of that voting, there's been construction, and ultimately my driveway. Mayor Jamison: Can you say our address for the record? Mr. Connor: 14355 Freemanville Road, Milton, Georgia. Mayor Jamison: Thank you. We don't do a lot of the back and forth during this comment period. But what we'll do is make sure Sara or Steve follows up with you after the meeting. Mr. Connor: Yeah, totally cool. I don't know how this works. I just thought I saw it on the item list, I may as well come and mention it because it wasn't there, essentially, when you guys did the original — Mayor Jamison: If you wouldn't mind, can you give your email address to the City Clerk? Do we have that? Mr. Connor: Yeah. I Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 11 of 34 I FIRST PRESENTATION Mayor Jamison: Okay, awesome. I'll let you do that real quick. Will the City Clerk please sound the first presentation item? City Clerk: Mayor, that next item is consideration of an ordinance amendment to Chapter 56 Article VI for registration of personal transportation vehicles and the use of PTVs on shared use paths. It's Agenda Item No. 22-341. Mayor. Mayor Jamison: Okay. Is there a motion on the first presentation? CM Mohrig: Mr. Mayor, I'll make a motion that we accept the first presentation as read. CM Verhoff: Second. Mayor Jamison: Okay. I have a motion from Councilmember Mohrig and a second from Councilmember Moore to approve the first presentation as read. All in favor, please say aye. ' Councilmembers: Aye. Motion and Vote: Councilmember Mohrig moved to approve the First Presentation item as read. Councilmember Verhoff seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. ZONING AGENDA Mayor Jamison: Any opposed? Okay, that's unanimous. Okay, there's no public hearing item. We'll move on to Zoning Agenda. Will the City Clerk please read the zoning rules and then sound the first item. City Clerk: Mayor, when the Mayor and City Council consider a zoning agenda, these items include rezoning petitions, modifications of zoning, use permits, and associated concurrent variances, in addition to ordinances, resolutions, and text amendments. I would like to acquaint you with some of the rules and procedures for this meeting, which includes a zoning agenda. The applicant and all those speaking in support of an application will be allowed a total of 10 minutes to present the petition. The opposition will also be allowed a total of 10 minutes to present its position. If time remains, the opposition will be allowed to rebuke. Regular Meeting of the Milton City Council Monday, November 7, 2022 Paoe 12 of 34 The applicant may choose to save some of the time for rebuttal , following the presentation by the opposition. Since the burden of proof is upon the applicant, the applicant will be allowed to make closing remarks, provided time remains with the allotted time. Those called to speak will be taken in the order that the speaker cards were received by the City Clerk prior to the beginning of tonight's meeting. All speakers will identify themselves by name, address, and organization. The planning commission has heard the Zoning Agenda items. And their recommendations have been forwarded to the Mayor and City Council for consideration and disposition. The applicant shall not submit material to the Council during this meeting unless requested to do so. All material that you wish to be reviewed by the Council in consultation of your application should have already been submitted to the Community Development department and is included in the normal distribution of packages to the Council. When an opponent of a rezoning action has made within two years immediately preceding the filing of the zoning action being opposed, a campaign contribution aggregating $250 or more to a local government official of a local government which will consider ' the application, it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government at least five days prior to the Planning Commission meeting. A violation of relevant State Statute constitutes a misdemeanor. Therefore, if you have contributed $250 or more to a councilmember and you have not filed a disclosure prior to the Planning Commission meeting, the city's attorney strongly suggests that you have someone else speak for your point of view. Our first Zoning Agenda item this evening is the consideration of RZ22-06. It is to amend Article VI, Division 2 of Chapter 64, Zoning: AG-1 as it relates to lot width. It is Agenda Item No. 22- 327. Mr. Michael Cardamon. Mr. Cardamon: Good evening, Mayor and Council. I'm here to present a text amendment for a land use project outlined in the 2040 Comprehensive Plan Short-term Work Program. Update AG-1 Zoning District to increase the minimum lot width requirement. During the Comp Plan advisory committee meetings, this project was outlined as a Year 1 priority. The overall goal is to update AG-1 Zoning District to increase lot I width requirement from 100 feet to 150 feet. The common theme Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 13 of 34 ' from the CPAC meetings was the need to preserve rural Milton and the 100 feet lot width requirement was a significant part of accomplishing that goal. The city, overall, has a low number of large areas left to build out for future subdivisions. It is important to preserve these remaining areas to have a rural theme. It is equally as important to preserve areas along the viewshed where minor plats of three lots or less are most common. The objectives for tonight are to provide staff recommendation, which include the Planning Commission recommendation, input from Mayor and City Council, and the final vote to consider the text amendment from Mayor and City Council. Here's a timeline summary. At the July I 1 Mayor and City Council work session, staff received feedback to move forward with the text amendment process. The CZIM was August 23 and no one from the public attended. Planning Commission was September 28 and there was no public input. And tonight staff is presenting in front of Mayor and City Council. The defmition of minimum lot width means the least dimension ' required along building lines specified for each district parallel to lot frontage and measured between side lot lines. Staff believes increase in lot width requirement from 100 to 150 feet will reduce the appearance of density, even though the lots will not increase in size, create more separation between homes, lower the number of narrow lots, and overall, create a more rural theme in the City of Milton. First, take your attention to the cul-de-sac lots on the left. Lot frontage is at the front of the street, which requires 35 feet. And the building line keeps moving back on the lot until you get to 100 feet of lot width between two property lines. As you can see from the cul-de-sac lots, the house placement is right at the 100 feet lot width building line, which is past the 60-foot front setback requirement. Staff did not want to require 150 of lot width for cul-de-sac lots. 150 feet will push the house too far back. And this will also impact the tree canopy in the rear of the properties. Cul-de-sac lots are proposed to stay at the current 100 feet lot width requirement. Now, please take your attention to the rectangle lots. These lots already have 100 feet of lot width at the street. Therefore, the building line starts at a 60-foot front setback requirement. The rectangle lot is a good example to see the buildable area width. The lot width is 100 feet, subtracting two side setbacks at 25 feet a piece. Regular Meeting of the Milton City Council Monday, November 7, 2022 Paoe 14 of 34 And that leaves you with a buildable area width of 50 feet. The lot ' width requirement of rectangle lots is proposed to increase from 100 to 150 feet. This is an example from a recently platted subdivision in the city where the majority of the lots are at 100 feet in lot width. As you can see from the lot layout on the right, the house is a tight fit and doesn't allow a wider, buildable area. The lot requires the garage to be detached and located behind the house. The driveway also has to be brought against the property line for access, creating less privacy for the homeowner and the neighbor. When more driveway is needed for a detached garage in the back, it also takes up a large amount of impervious surface. Lots on public streets can have a maximum of 20% and while lots on private streets can have a maximum of 25%. Not only does using more impervious surface for a long driveway take up a large amount of the house footprint, it also precludes the options for future things such as decks, pools, or porches. Here's another example of a recently platted subdivision in the city. It shows narrow and wide lots across the street from each other. , Keep in mind, the lots were all one acre in size. But you can see from the lots on the south side with 150 feet of lot width, have a wider, more practical, buildable area. Here's an aerial of an existing street. You can see how much more separation the homes on the south side of the street have versus the north side. The north side of the street appears much denser. But again, remember, these are all one acre in size. For our last example, staff thought it would be a good idea to show the dimensions of both lots side by side. To meet the one -acre requirement, the 100-foot lot requires 435.6 feet in length, while the 150 feet lot requires 290.5 feet in length. You can really see how much longer the 100-foot lot is with that extra 145 feet in length. Now, please take your attention to the lot with buildable area between the setbacks. You can really see how less restrictive the 150-foot lot appears with that extra 50 feet. Allows for a side -entry garage, wider house footprint. And the house is not built setback to setback. I work with the Board of Zoning Appeals. And when a house is built setback to setback, you're just asking for new variances down the road when a new homeowner comes in and ' wants to do an addition. Having that wider buildable area prevents that from coming before the Board of Zoning Appeals. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 15 of 34 The Planning Commission met on September 28 and recommended approval of the staff recommendations, which included minimum lot width shall be 150 feet and cul-de-sac minimum lot width shall be 100 feet. The most vocal feedback from Planning Commission was supporting the 100 feet lot width for cul-de-sac lots. And this was similar to what staff said earlier, was to preserve the tree canopy in the rear of the lots. There was also no public input at the Planning Commission meeting. Here is the text that will be detailed in the zoning ordinance 64-416 F. Minimum lot width shall be 150 feet. Right below that, you have F1. Minimum lot width shall be 100 feet when lot fronts on a cul- de-sac. Any input or question for staff? Mayor Jamison: Any questions? Rick? CM Mohrig: Michael, the change here, is it predominantly or only limited to subdivisions? Are we talking about building out subdivisions? Mr. Cardamon: Well, staff felt subdivisions were important. But the viewshed, you're driving down Freemanville, is just as important because if ' you have 100 foot lots stacked on Freemanville, a bunch of three lot subdivisions that are minor, it can add up quick. So, we think it's just as important to have it inside a major subdivision, also a minor subdivision because those are typically along the viewshed where everyone sees when they're driving through Milton. Mayor Jamison: Any questions before I ask for public comment? Paul. CM Moore: Michael, can you go back to the last slide you had. What caught me by surprise on that was the 100 foot on the cul-de-sac, which I think is great. But on the example you showed earlier, in the cul-de-sac, some of the examples were like 35 feet wide. So, if you look at the examples on the left, does that suggest with the new proposal that neither of those can be built because they're only 35? Mr. Cardamon: So, I was pointing out that the frontage is at the cul-de-sac right at the street. The buildable width starts when you have 100 feet of width. So, it travels back on the actual — CM Moore: Okay, so it makes it further back than the 60 feet. Okay. ' Mr. Cardamon: Exactly. CM Moore: You just answered the question. Regular Meeting of the Milton City Council Monday. November 7, 2022 Page 16 of 34 Mr. Cardamon: If we wanted 150, that would have been even farther back. ' CM Moore: Terrific. Thank you for the clarification. CM Verhoff: Michael, I know you mentioned no one showed up at the Planning Commission meeting from the community to talk about this. But since this came on the agenda, I've had several constituents reach out to me with concerns about this and that it will devalue their land if down the road they do decide to sell off their property to developers. Some of these that could —10 acres to 26 acres. Can you kind of walk us through that? What I'm hearing and what people are reaching out to me is this amendment could devalue their land. Mr. Cardamon: That's a great question. Kind of what I said in the second slide, the actual size is not reducing. So, staff believes it's not a taking because it's still a one -acre requirement, whether it's 100 feet of lot width or 150 feet. CM Jacobus: Have you taken a look at — say you had six acres, have you looked at how that would impact the possible development of those six acres if it had to 150 feet of frontage versus what it would be at 100? Does it reduce the number of lots somebody could have? , Mr. Buscemi: We did look at a lot of lots. It doesn't really reduce the number of lots that you'd have. The density is still the same. What it does is it changes the configuration of the lot. So, instead of the lot being 100 feet by 435 feet deep, it makes the lot, as you saw, 150 feet by 250 feet deep. So, it changes the configuration. There might be some people that just happen to have a 300-foot-wide lot on Freemanville Road with the hopes that they can get three lots. That's the whole purpose of doing this, is to cut down on the appearance of density along those areas of the viewshed. CM Jacobus: So, on your particular example there, does that mean only two lots could go there versus three? Mr. Buscemi: We're still allowing three lots in a minor plat. There's still three lots. It depends on how deep these lots are and how the configuration is. Each lot is so different in the city. So, we're really not doing it —we have a lot of minor plats that come in and add two in the front, one in the back. In fact, the majority of them are like that. There are one or two that have just the three in the front. They might be somewhat slightly impacted that way. But overall, we're really trying to I achieve a much softer, rural appearance. We're not trying to keep them tight and dense. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 17 of 34 ' If you look at what's left, most of the land in Milton is built. There's a couple of lots here and there. We are trying, as staff, to really maintain a rural viewshed. We're trying to maintain the large lot incentives and to take what's left and say, okay, we're going to maintain these, now are little lots. We're going to just start to see a lot of what's left is little hobby farms or large lots, just kind of get devoured by developers coming in saying there's nothing left, and we need to build. From a value standpoint, I will tell you that what we have implemented in the City of Milton has kept the values stronger than any other city or location throughout the entire State of Georgia. We have the highest land values here in Milton. All the regulation, everything that we've put in place, is maintaining Milton as the premier place to live and build. And if we don't maintain that now that lots are getting tighter — when you had just a vast open area of farms and horse farms and cow farms, it was one thing. But we're down to intill projects. People are coming in with smaller lots, smaller areas. The land values have gone skyrocket because we've created great lots and great desire to live here. So, now everybody is trying to maximize what they can get out of the city. ' But once we do that and keep that pattern, then all of a sudden, the city no longer is that rural viewshed. It doesn't have that character that created that wealth. Once we eliminate that, then all of a sudden, it just becomes a Johns Creek or a Roswell where you're just starting to see houses as you're driving down the viewshed. I know, Councilmember Mohrig, you've worked so hard on getting that viewshed passed at the time. It's so critical to keep that viewshed in place. So, the minor plats are probably more important than the subdivisions. The subdivisions are pushed back, and most people don't see them. But we are getting subdivisions coming in with those 100-foot wide. So, the ones that Michael showed you are actual subdivisions that are coming in. They're super narrow. When you drive down those streets, it won't look like the City of Milton. Milton has a certain character that we're maintaining. And we really have been very successful with the large lot incentives and keeping things. But maintaining this is critical, I think, to keeping that rural viewshed along the frontages. I CM Verhoff: The example you showed here with one acre lots, that's not in Milton, that example? Regular Meeting of the Milton City Council Monday, November 7. 2022 Page 18 of 34 Mr. Buscemi: They're all in Milton. ' CM Verhoff: Those were in Milton? Mr. Buscemi: This one here is in Milton. That's the English property. That's on Mayfield Road, being developed right now. When you drive in there, you will see 100-foot-wide lots that will give you the appearance of smaller lots because mostly, when you see that kind of density visually, it looks more like you're doing half acre, quarter acre lot sizes. CM Mohrig: So, those are being developed right now with the garages essentially in the back yard, detached? Mr. Buscemi: Yeah, that was the old English property on Mayfield Road. That's right here in town coming down. Then we showed you some other ones where the developers actually came in and said, "Bob, from a sales perspective, I want to actually change the plat, alter the plat, revise it to wider lots." Because just the general public is saying, "Look, we just don't want to live in tight areas." So, the land areas actually went up. They actually sold them for more money because people really want that kind of environment when they live in ' Milton. If you're going to live in Milton, you don't want an environment when you're driving down the street and you're seeing house after house after house. That gives you the suburban look of Johns Creek. I drive through Johns Creek, you know, Sandy Springs, it's all tight, really tight lots. So, what's keeping the value in Milton is the wider lot, is maintaining the bigger lot, is maintaining that rural look and feel. Even though you don't really have multiple acres, it looks like you have a lot of spaces between houses. So, that's actually driving the prices up. I would counter it by saying everything that we've done, people said the three -acre lot incentives wouldn't work either and it would drive down the price. Yet, when I talk to all the developers and they start coming in, they're all saying, `Bob, this is what the market's asking for. They're asking for three acres." They really want all larger lots. They want to live in a nice environment with little hobby farm looks, even though they're maybe not hobby farmers. They want the appearance of that they're hobby farmers. So, that's actually been driving the price up. Our prices have gone up exponentially compared to anyone else. I know the market was ' strong. But we had in June, there were houses selling for $150 - 200,000 over asking price. That was selling in zero time. They Regular Meeting of the Milton City Council Monday, November 7, 2022 Paqe 19 of 34 ' weren't even going on the market. So, from a standpoint of economics, I think we've got a very good track record here in Milton. Everybody wants to be here. If we reduce it, I almost fear that that price will start to drop because it just won't have the imagery that we all came here for. Mayor Jamison: Any public comment? Do you want to go, Paul, real quick? CM Moore: Bob, does this also take the pressure off the Board of Zoning Appeals to some extent? When you've got all those one acre lots and people are asking for maxing out the buildable area. And they realize, oh, I still want to put a pool in. In order to put a pool in, you have to come to the Board of Zoning Appeals and ask for a variance because they're up against the undevelopable areas because of setbacks or undisturbed buffers, etc. Does this take the pressure off the Board of Zoning? Mr. Buscemi: It really takes —that's what Michael mentioned because he's the staff liaison for the BZA. Time and time again, the ones we're getting in are the lots that are narrow. They're just not able to really accept the amenities that people are looking for today. They want sports courts. They want pools. They want decks. All of these things, they just don't have the area. As you can see in this picture, it's all depth all the way down. Don't forget now, these are all stacked. So, it's going to appear that the driveways are right next to the houses. You're just not going to have any space in between, You can see that they're building it all the way down, even from a tree canopy perspective, they're just wiping out the whole lot. Because they only have a very small, narrow buildable area on the lot. I think it will cut down considerably on the BZA requests. CM Moore: You touched on a hot button for me, too, Bob, and that is when you look at how much Milton has developed and what is left for us, the infill, when you're down to the nitty gritty of the last of the buildable to not request this 150, it's going to look like spot zoning. Because you're going to have larger lot, larger lot, larger lot, infill. And the infill will be inconsistent with the look and feel. It's going to look like somebody decided to shove something in there that is inconsistent with the rural nature that we work so hard over the last 16 years to ensure was a part of what Milton was all about. ' Mr. Buscemi: The way we're developing Milton now, the prices are really the highest in the state. We are doing phenomenal when it comes to economics. I just want the Council to know I feel like it will actually Regular Meeting of the Milton City Council Monday, November 7, 2022 Paae 20 of 34 increase people's property value than decrease it. Because the more ' we keep Milton Milton, the more the prices are going to go through the roof. But if we waiver and say okay, we're going to go a little less, then all of a sudden, we start to lose that rural viewshed. You just need a few to be in there, and all of a sudden, it just destroys that whole bucolic view driving down Freemanville Road or Birmingham Highway or any street in the city. Important to maintain. Mayor Jamison: Tammy, do we have any public comment? City Clerk: We do, Mayor. Mayor Jamison: Okay. Do you want to call them? City Clerk: Yes. I'd like to invite Mr. Scott Reese to the podium, please. Mr. Reece: Mr. Mayor and Council, I'm Scott Reece from Brumbelow-Reese and Associates doing business at 13685 Highway 9, Milton, Georgia, 30004. I've read through the ordinance. I have had several people in the community reach out to me to ask my opinion of the full effect. I'm going to reinforce what Michael said. The density ' does not change. This 100-foot width is inherited from the old Fulton County ordinance. In my now 40 years of work, the size and shape of the houses have changed drastically. So, on a 100-foot- wide lot with a 25-foot side setback, when we were building 1800 square foot brick ranches and single loaded garages or car ports, it was a function of the farm. We have not produced 100-foot-wide lots out of our office in some few years. They do not fit with what our clients want. The side entry garage, we feel needs a minimum of 30 feet from the property line to the garage to provide adequate turning around space. So, that's 30 feet on one side and then 25 on the other. If I've only got 100- foot-wide lot, I have a very, very constrained building area. It becomes a nightmare. It is nothing but a yield grab. Now, it does give me a little bit of pause because there are certain people that have six acres tracts. If I wanted to create a lot for my mother-in-law, I'm not going to build a 5,000 square foot house. Am I then — I would hope that the ability to ask for a variance in special cases — or are we going from a 50-foot building envelope to 100, i.e. doubling, is that the step? Or is the step to go from a 50-foot-wide ' building envelope to an 80 or something along there? You can address with your citizenry, or I hope — is the answer fully to go Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 21 of 34 ' from 100 to 150 or is it 100 to 130? That's kind of a question that you'll have to address. I personally don't have a problem with 150. It works for us. Like I said, it doesn't change the density. In reading the ordinance that was up on the screen, did it say 150 feet at the building line or 150 of lot width? The semantics are very, very important because the semantics of the retaining wall ordinance that was presented was not what came out. Is there anyway we can get that up on the screen? Mayor Jamison: Yeah, we'll take a look. What else? Anymore? Mr. Reece: My family is one of the ones that has some of the properties, the large tracts that would be. We've gone through and we're not going to be creating 100 by 435 wide lots. That was a function of CUP because we had 10-foot side setbacks, 25-foot side setbacks, front loaded garages. Those price points, what we're looking at, just doesn't work. That really concerned me. Got to get the semantics right because flag lots on the larger tracts are very instrumental in preserving the rural character. So, it needs to be not the width of the lot, but the width of the lot at the building line. So, it can be 50 feet ' or 75 feet at the road and veer out. But it needs to be exactly worded that it's 100 foot at the building line on cul-de-sacs and 150 feet of width at the building line for all other lots. Not 150 feet of lot width. Thank you for your time. Mayor Jamison: Thank you. Any other public comment? City Clerk: That concludes public comment, sir. Mayor Jamison: Okay, I'll close public comment. Bob or Michael, can you all address that question? Thanks. Mr. Cardamon: Yeah, it's the official text. Min lot width shall the 100 feet. One second. Min lot width shall be 150 feet when it's not a rectangle lot. And min lot width shall be 100 feet when it fronts on a cul-de-sac. Mayor Jamison: So, what is the difference in the width from the building line? CM Moore: Go to the one to the cul-de-sac that had asked you about earlier. Mr. Cardamon: Yeah, that's where I was going. ' CM Moore: That's the best one. That shows it. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 22 of 34 Mayor Jamison: Okay, so it says it on there. Do you all recommend adding that into I the ordinance, as well? Mr. Buscemi: So, the definition would actually state it. [crosstalk/inaudible] The new UDC that we're putting out also has graphics in it. It will reinforce a lot of the definitions when people see it graphically and there's no misunderstanding. But we've always kept — it used to be 100 and we always did the 100 at the building line. [audio cuts out] There's really no other change. CM Jacobus: So the front of the lot could possibly just say 100 feet. Mr. Buscemi: It just angles back. Ms. MacDonald: It's all embedded in the definition. As Michael said, lot width minimum means the least dimension required along the building line specified for each district parallel to the lot frontage and measured between side lot lines. And then if you go to building line, it says means one which is no closer to a property line than the minimum yard setback requirements. So, basically, if it's a 60-foot front, you have 35 feet of road frontage, like what is shown here, right here. And then you have to go back until you either get to 100 feet or 150 ' feet. So, what Bob was saying was technically you could have six acres where you have smaller frontage. But when you get to the building line, we're requesting it to be 150. So, it could be a parallelogram but not exactly a rectangle. So, it's all embedded in the definitions. CM Mohrig: So, the definitions are a precursor to these changes that we're doing. Mayor Jamison: So, all we're changing is one number? Ms. MacDonald: Yes. So, nothing is changing the meaning. So, just like when we review plats, we look to make sure that — or when a building comes in on a lot, we want to make sure that not only does it have 35 feet of frontage, minimum, but it has 100 foot of lot width. And let's say if it's pie shape, which typically is a cul-de-sac, we want to make sure it's not just 60 feet back, but it's the front fagade or the front building line is where it needs to be 100 feet wide at this point in time. Mayor Jamison: Any other questions for staff? I think the history of Fulton County and the size of the homes and everything, it makes sense. I think the , yield stays the same. I think no one's really building 100-foot-wide Regular Meeting of the Milton City Council Monday. November 7, 2022 Page 23 of 34 ' lots that much more. It makes sense. Okay, I will open it up for a motion. CM Moore: Mr. Mayor, I make a motion that we approve Agenda Item No. 22- 327. CM Jacobus: Second. Mayor Jamison: Okay, I have a motion from Councilmember Moore, a second from Councilmember Jacobus to approve Agenda Item No. 22-327. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Moore moved to approve Agenda Item No. 22-327. Councilmember Jacobus seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. UNFINISHED BUSINESS ' Mayor Jamison: Any opposed? Okay, that's unanimous. Okay, will the City Clerk — we have no unfinished — we'll move on to unfinish business. Will City Clerk please sound the first item? City Clerk: Mayor, that item is consideration of an intergovernmental agreement between the City of Milton, Forsyth County, and Fulton County regarding Forsyth County's provision of water service to a subdivision located within Forsyth County, Cherokee County, and Milton/Fulton. It is Agenda Item No. 220342.Our city attorney, Mr. Ken Jarrard. Attorney Jarrard: Mr. Mayor, members of the Council, thank you very much. We have discussed this before. The council was kind enough to issue a conflict waiver with respect to this multi jurisdictional intergovernmental agreement. So, you have heard in previous meetings some of my discussion about what this is. I think we even had some representatives of the developer, which is Toll Brothers, come to the council and talk about the project itself and why they were advocating and requesting that we agree to this. ' I think I've explained this a couple times, but just for purposes of the gallery and for the record, the reason, first of all, for the intergovernmental agreement at all is because you've got one Regular Meeting of the Milton City Council Monday, November 7, 2022 Pace 24 of 34 jurisdiction, in this case, Forsyth County, wanting to provide a ' governmental service in another jurisdiction. The Georgia Constitution says that the jurisdiction that's going to receive the service has to grant permission for the other county to do that very thing. So, that's why intergovernmental agreement would be appropriate here, should you agree to do this. The back of the intergovernmental agreement, the rear of it, has a plat. That is, in fact, a snapshot of this development. It sits, literally, right on this quadrant where there is a little bit of the development in Cherokee County, a little bit of the county in Fulton and Milton, and a little bit of the development in Forsyth. So, it's a very curious thing and that has made it a little bit complicated with respect to all of the permissions that had to have been secured. With respect to the City of Milton and Fulton County, the only permission that this intergovernmental agreement would give Forsyth County is to provide the authority to provide water service only in the City of Milton, Fulton County. That would mean the provision of the service itself, the building for the service, the collection for the service, the ability to turn off. Basically to treat this community as if it is a standard utility customer, like it is in ' Forsyth County. I'm not going to go through every word of the intergovernmental agreement, as I'm sure that you don't want me to. But I did want to focus on just a couple of provisions that I think are uniquely important to this council based upon my history of working with you. I'll just go to them. But on Page 3, there is a paragraph that says this, "The parties hereto," you would be one of those parties, "consent and acknowledge that this agreement does not," and it's not great form for me to put an underline, but I did within the context of this agreement because it's how important this. "That this agreement does not authorize Forsyth County to provide sewer service within the City of Milton, Fulton County or to any portion of the property located in the City of Milton, Fulton County. Additionally, this agreement shall not authorize Forsyth County to install sewer infrastructure to the property within the City of Milton, Fulton, even if such sewer infrastructure is intended only as a collection or conveyance system for sewer delivery in other jurisdictions." Just to make sure that no one can be unaware of what this is granting, and more importantly, what it is not granting. If you turn the page, ' on Page 4, it talks about rates. And I think that's important, too, because you've got an out -of -jurisdiction provider providing a I Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 25 of 34 utility function to your citizens. So, we wanted to make sure that was locked down, as well. So, we added some language. "The parties agree that Forsyth County has exclusive jurisdiction with respect to the establishment of rates. However, in no event shall Forsyth County charge customers in the property whose property is located in Milton, Fulton a water rate that is higher than the water rate charged to customers in the property whose property is in Forsyth." In other words, you have the ability to adjust rates, but you can't charge a different rate to your Milton, Fulton customers than you're charging to your Forsyth customers. So, we, of course, wanted to make that as well — aware of that, as well. With respect to sort of the responsibilities of Milton, there aren't really a lot with respect to this intergovernmental agreement. But it does — Forsyth may ask your staff, for instance, to make sure that customers in Milton are honoring the same regulations on water that you would apply to other folks within your jurisdictions. For instance, unauthorized fire hydrant usage, etc., that might put a burden on the actual water usage. We would have the right to call you up and say, "Hey, can you help us out because they're draining water out of our system, and it's improper." So, things of that nature. But otherwise, again, the critical element of this is its permission, it's water only, it's going to be ]audio cuts out] 101:00:20] rates, and it's not sewer. Mr. Mayor, I will tell you that I believe the attorney for Toll is here today if you have any additional questions. I know there has been one question raised as to whether Fulton County was agreeable to this. Two thoughts on that. Number one, Fulton County has reviewed the intergovernmental agreement. We have, in fact, received their staff comments. They were very nominal. And in fact, the version you have in front of you tonight is with their comments in it. It has not been, to my knowledge, approved by the Fulton Board of Commissioners yet. But I would submit to you that if there was going to be an objection to this, it would have been raised at the staff level. I do not believe that is consistent with the fact that they have edited it, revised it, sent it back to us, and then sort of okayed it to be on the Fulton agenda. Mayor, that's my presentation. I Mayor Jamison: Thank you. Any questions before — Paul? Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 26 of 34 CM Moore: Ken, just clarify a couple things I think I heard you say. So, the rates for the water are actually set by Forsyth? Attorney Jarrard: That's correct. CM Moore: It can be a different rate than provided by Fulton, but it has to be ,consistent with the rates for the balance of Forsyth. So, they're not charging a premium or whatever to a Milton resident even though it's Forsyth water? Attorney Jarrard: That is exactly correct, councilman. CM Moore: And then that water that's being water is on a Forsyth pipe? It's not just a Fulton County pipe just being designated provided by Forsyth. It is a Forsyth pipe? Attorney Jarrard: Well said. Yes. CM Moore: Thank you. Mayor Jamison: Any questions? Public comment? City Clerk: There are none, sir. Mayor Jamison: I'll close public comment and I'll open it for a motion. CM Jacobus: Mr. Mayor, I make a motion that we approve Agenda Item No. 22- 339. Mayor Jamison: I got a different agenda item. City Clerk: 342. CM Jacobus: 342. CM Mohrig: Second. Mayor Jamison: Okay, I have a motion from Councilmember Jacobus, a second from Councilmember Mohrig to approve Agenda Item No. 22-342. Any council discussion? All in favor, please say aye. Councilmembers: Aye. I Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 27 of 34 ' Motion and Vote: Councilmember Jacobus moved to approve Agenda Item No. 22-342. Councilmember Mohrig seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. NEW BUSINESS Mayor Jamison: Any opposed? Okay, that's unanimous. Thank you. So, we will move on to new business. Will City Clerk please sound the first time? City Clerk: Mayor, that item is consideration of the Milton City Council to readopt the five GMA Ethics Principles for Recertification as a Georgia Certified City of Ethics. It is Agenda Item No. 22-343. Mayor and Council, provided to you in your packet was a resolution for you all to review seeking recertification from the Georgia Municipal Association as a Georgia Certified City. This certification has been an honor that Milton has enjoyed since 2010. Basically, the City of Ethics program is the ability to raise awareness about ethic issues at the local level and provide a local forum for an airing and ' resolution of legitimate concerns via a local ethics ordinance. So, GMA does require that the cities recertify every four years. We were last certified in 2018. So, we will be up for recertification in 2023. Recertification does require Mayor and Council to reaffirm the five ethic principles that were approved by the GMA Board. Those principles were listed, obviously, in your packet. So, we will send, once we get the vote from you all tonight, we will send that resolution along with our ethic ordinances to the GMA by their deadline and we will seek their recertification. So, staff does recommend that you approve or consider approval of this resolution. Mayor. Mayor Jamison: Sounds good. Any questions? Okay. Any public comment? City Clerk: There are none. Mayor Jamison: Okay, close public comment and open it for a motion. CM Mohrig: Mr. Mayor, I suggest that we — or make a motion that we approve Agenda Item No. 22-343. I CM Moore: Second. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 28 of 34 Mayor Jamison: Okay, I have a motion from Councilmember Mohrig, a second from ' Councilmember Moore to approve Agenda Item No. 22-343. Any council discussion? All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 22-343. Councilmember Moore seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. Mayor Jamison: Any opposed? Okay, that's unanimous. Will the City Clerk please sound the next item? City Clerk: The final item for the night is consideration of the impact fee credits for the improvements to the intersection Crabapple at Birmingham, which is Heritage Walk at State Route 372 and McGinnis Ferry Interchange and Crabapple Northeast Connector Road as identified in the 2016 Capital Improvements Element Impact fee eligible projects. It is Agenda Item No. 22-344. Our land development manager, Ms. Tracie Wildes. ' Ms. Wildes: Good evening, Mayor and Council. Tonight, I will be presenting an overview of the impact fee credits. Impact fees are payments from developers to local governments to fund specific public facilities and infrastructure improvements like parks, roads, bridges, and buildings. In the 2016 Capital Improvement Element update, there were three projects identified as being eligible for impact fee funding. And public works identified local cost of project would allow 40%, which is a maximum funding, to come from impact fees. So, we are here tonight seeking council approval for those impact fee credits. The three eligible projects identified are the improvements to the intersection Crabapple at Birmingham area, Crabapple Northeast Connector Road area, and the McGinnis Ferry Interchange. Impact fee credits are available to any developer providing construction of improvements, contribution, or dedication of land in lieu of payment for impact fees. These credits would be applied to the public works portion of the roads portion of each project, the impact fees for each project. We also had three qualifying developers, Orkin and Associates, ' Market District Crabapple, and Crabapple Ventures. This slide is a table from the 2016 CIE update. It identifies each eligible project. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 29 of 34 ' The cost of that project and then the maximum funding amount from impact fees. This is a graphic to identify two things, number one, which projects were eligible in this area. So, this would be the intersection at Crabapple and Birmingham and the Crabapple Northeast Road Connector. It also identifies the three qualifying developers, Orkin and Associates contributed construction improvements for the sidewalks and the grading at Crabapple Roundabout. Market District Crabapple relocated the water line and dedicated right of way along Heritage Walk. And Crabapple Ventures dedicated right of way along Heritage Walk. The third qualifying project was the McGinnis Ferry Interchange. While the majority of this project does occur in Forsyth County, it does begin in Milton, precisely at the intersection of Morris Road and Bethany Bend. You can identify that here. You can see the extent of the whole project. It was important that that intersection at Bethany Bend and Morris Road, McGinnis Ferry be improved during the construction process of the intersection. More specifically, though, we'll drill down to that intersection, and you can see here, the property line is the county line at Bethany Bend and McGinnis Ferry. City of Milton to the left. Forsyth County to ' the right. That portion of Milton was there along the McGinnis Ferry Interchange. So, again, to summarize, tonight we're here with the three eligible projects and the three qualifying developers and are looking for your approval of the impact fee credits. I will take any questions now if anyone has them. Mayor Jamison: Questions for Ms. Tracie? Rick? CM Mohrig: Just one quick one. When we look at the McGinnis Ferry, that intersection, we're just saying this is for all the improvement, this is the maximum amount that can be applied against it. Do we have included in that crosswalks at that intersection? I know eventually on the Forsyth side, something's going to be built there. I think they've got it slated for possibly a grocery store. That's a high - density area where a lot of people will be walking in the future, once we get sidewalks in place. Are we putting up crosswalks and lights there? Ms. Wildes: It's my understanding that there will be additional improvements ' made because of that McGinnis Ferry Interchange. From the 2016 update, though, the scope of work that I'm familiar with was the Regular Meeting of the Milton City Council Monday, November 7, 2022 Paoe 30 of 34 update to the intersection. I think it specifically was to install a I traffic light in lieu of a three-way intersection. CM Mohrig: Yeah, which we have there now. Okay. Mayor Jamison: Any other questions? Any public comment? City Clerk: There are none. Mayor Jamison: Okay. We'll close that and have a motion. Anyone? CM Jacobus: Mayor, I make a motion that we approve Agenda Item No. 22-344. CM Verhoff: Second. Mayor Jamison: Okay. I got a motion from Councilmember Jacobus, a second from Councilmember Verhoff to approve Agenda Item No. 22-344. Any discussion? All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Jacobus moved to approve Agenda Item No. ' 22-344. Councilmember Verhoff seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. MAYOR AND COUNCIL REPORTS Mayor Jamison: Any opposed? That's unanimous. Thank you. Ms. Wildes: Thank you. Mayor Jamison: So, real quick, I have a couple reports. So, we have the UDC coming up. I know Community Development wanted me to say that we will be hosting a public kickoff. It's going to be this Wednesday, November 91h here at City Hall, Council Chambers between 4 and 7 p.m. We encourage you to come and visit. The city is creating a more user-friendly document for our citizens, developers, and builders that live and work in the city. It weaves development related codes, such as zoning, subdivision development, streets, and environment into a single, more concise easy to understand working document. I hope the public can come out for that. It's going to be a ' lot of work ahead. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 31 of 34 ' And LOST is done. So, very, very fortunate that that happened. It was a long process. Hopefully I will not have to do that again. I will encourage Council to reach out to your state legislators to try to get that law changed so we don't have to do that. So, we'll hopefully be voting on that next. And then we have Troop 100 here from the Boy Scouts of America. Thank you all for coming. Appreciate it. Next time, give me a heads up and we'll have a much longer meeting, okay. Thanks for coming. Anybody else have anything? Good? Okay. Chief? STAFF REPORTS Police Chief Austin: Greetings Mayor, members of the Council. Since my last report, the Milton Police Department has had a busy couple of months out in the community. Some of our larger community events have included, in September, partnering with Milton High School for a time of somber remembrance in the annual 9/11 ceremony. We're very honored to be a part of that special time of commemoration. We were also joined by the Hindu Service Society to share a special Hindu holiday, which in their faith honors protectors in society. They brought treats and other special items to commemorate the occasion. We had a very nice visit with them. Members of the PD were also invited to the Hopewell Baptist Church Fall Festival, where we had an opportunity to let kids see our police cruisers and interact with an officer. We also had an opportunity to pass out stickers and other goodies. We had a great time there, as well. Also in September, the department participated in the annual Cops on Doughnut Shops fundraiser for Special Olympics, raising just over $1000 for Special Olympics. Very thankful to our citizens for their generosity in that effort. Lastly, in September, we hosted a safety seminar for one of our local businesses. Month of October, also very busy. We hosted a booth and provided security at the annual Crabapple Festival. We participated in national Coffee with a Cop day in partnership with the Starbucks ' here in Crabapple. We also finished up our latest Citizen's Police Academy, graduating 20 participants on November 4". We certainly look forward to maintaining those connections with those citizens. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 32 of 34 Also in October, PD partnered with City Church for the annual, it's ' sort of a newer event, National Faith and Blue Weekend. National Faith and Blue Weekend facilitates safer and stronger communities by engaging law enforcement officers and local residents through the connections of faith -based organizations. Law enforcement professionals in all 50 states, this year, joined faith -based and community partners to host over 3,000 activities. We were very proud to be included in that number. On October 28, we participated in the annual Evans Construction Law Enforcement Appreciation luncheon, along with Alpharetta and Roswell. Evans has been very supportive to law enforcement in our area and began this luncheon a few years ago in tandem with fundraising for our respective police foundations. So, very appreciative of that. Concluding our month, we had a wildly successful Trunk or Treat event. It's held in collaboration with our partners at Karate Atlanta. The event attracted hundreds of our younger citizens and their parents. We were able to host them in our Public Safety Complex where they had a great time visiting decorated cars, collecting treats, ' and enjoying a walk through our haunted sally port, which was a big hit with the folks. So, we were very pleased to again partner in that event. If you would indulge me for just a moment before asking any questions you may have, I just wanted to offer a word of gratitude to the city. I had a fantastic opportunity to attend the International Association of Chiefs of Police conference at Dallas in October. I had the opportunity to attend some great sessions. I attended a Police Executive Research Forum Townhall to hear from other police leaders throughout the country. And also, importantly, I was able to continue my work on the IACP Victim's Services Committee, which I've served on, off and on, for many years. The mission of the IACP Victim's Services Committee is to be a catalyst for more effective victim -oriented police strategies and practices. This results in the committee weighing in on IACP model policies, which are shared national wide, contributing to the IACP Journal, and working with other committees on a policy group to work for positive victim/police interactions. I'm pleased to report that during this year's conference, I was also ' named as chair of the Victims Service Committee. I look forward to being a part of this. It's really an international effort to ensure victim 1 Regular Meeting of the Milton City Council Monday, November 7, 2022 Pace 33 of 34 services for our citizens here in Milton and abroad. It also gives me an opportunity to share on an international stage what a great city Milton is and about the professionalism of our police department. I really appreciate being afforded that opportunity. So, thank you. That concludes my report unless you all have any questions. Mayor Jamison: Questions for Chief? Thank you. Appreciate it. Chief Austin: Thank you. EXECUTIVE SESSION Mayor Jamison: Okay. We will now adjourn into executive session to discuss personnel, land acquisition, and potential litigation. Do I have a motion and a second? CM Mohrig: So moved. CM Moore: Second. Mayor Jamison: All right. I have a motion from Councilmember Mohrig and a second from Councilmember Moore. All in favor, please say aye. Councilmembers: Aye. Mayor Jamison: Any opposed? All right. Motion and Vote: Councilmember Mohrig moved to adjourn to Executive Session to discuss land acquisition, personnel, and potential litigation at 7:17pm. Councilmember Moore seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. RECONVENE Motion and Vote: Counciimember Mohrig moved to reconvene the Regular Meeting at 7:47pm. Councilmember Jacobus seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. Regular Meeting of the Milton City Council Monday, November 7, 2022 Page 34 of 34 ADJOURNMENT Mayor Jamison: Do I have a motion to adjourn? CM Moore: So moved. Mayor Jamison: We got Paul and then Rick. All in favor? Councilmembers: Aye. Mayor Jamison: Good night. Motion and Vote: Councilmember Moore moved to adjourn the Regular Meeting at 7:47pm. Councilmember Mohdg seconded the motion. The motion passed (5-0). Councilmember Johnson and Councilmember Cookerly were absent from the meeting. Date Approved: November 21, 2022 Ouu� TwrIf6y- L. owit, tty Clerk Peyto ison, Mayor