HomeMy WebLinkAboutMinutes - CC - 10/17/2022Regular Meeting of the Milton City Council
Monday, October 17, 2022
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CALL TO ORDER
Mayor Jamison: Good evening, everyone. I would like to call the regular meeting of
the Milton City Council for Monday, October 17th, 2022, to order.
The city strongly recommends you review tonight's agenda
carefully and if you wish to speak on any item of the agenda, then
please bring your comment cards to the clerk as soon as possible.
While the Milton rules allow the 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 roll and make general announcements?
ROLL CALL
City Clerk: Good evening Mayor and Council, I'll be happy to call roll for the
October 17th, 2022, regular city council 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.
' 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, a notarized affidavit is required
stating you have the authority to speak on behalf of that
organization. Please review tonight's agenda and if you would like
to make a comment, please bring your comment card to me now.
Demonstration of any sort within the chamber is prohibited. Please
refrain from any applause, cheering, booing, outburst or dialogue
with any person speaking. Any person in violation will be asked to
leave. As I call roll this evening, please confirm your attendance.
Mayor Peyton Jamison.
Mayor Jamison: Here.
City Clerk: Councilmember Andrea Verhoff.
CM Verhoff: Here.
' City Clerk: Councilmember Juliette Johnson.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
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CM Johnson: Here. I
City Clerk: Councilmember Carol Cookerly.
CM Cookerly: Here.
City Clerk: Councilmember Jan Jacobus.
CM Jacobus: Here.
City Clerk: Councilmember Rick Mohrig.
CM Mohrig: Here.
City Clerk: And for the record, attending tonight's meeting via Zoom is
Councilmember Moore.
CM Moore: Here. And for the record, Tammy, thank you. I am in Providence,
Rhode Island, at an industry conference.
Mayor: Mayor Peyton Jamison present.
Councilmembers Present: Councilmember Andrea Verhoff, Councilmember '
Juliette Johnson, Councilmember Carol Cookerly, Councilmember Jan Jacobus,
and Councilmember Rick Mohrig.
Councilmember Attending via Zoom: Councilmember Paul Moore
Councilmember Absent:
PLEDGE OF ALLEGIANCE
City Clerk: Thank you, Councilmember Moore. Would everyone please rise
for the Pledge of Allegiance?
All: I pledge allegiance to the flag of the United States of America and
to the Republic for which it stands one nation under God
indivisible with liberty and justice for all.
APPROVAL OF MEETING AGENDA
Mayor Jamison: Next is the approval of the meeting agenda. Council, I'd like to '
make one change. I would like to move the unfinished business
items up before the zoning agenda items. If everyone is okay with
Regular Meeting of the Milton City Council
Monday, October 17, 2022
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I
that, I would like to open that for a motion.
Mr. Krokoff: Mayor if I could? Could we add an executive session to tonight's
meeting.
Mayor Jamison: Oh sure. And I would like to add an executive session to discuss
land acquisition, personnel, and/or potential litigation.
CM Cookerly: All right. So, what are we moving then?
Mayor Jamison: We'd like to move the unfinished business items up before the
zoning agenda with the addition of the executive session.
CM Cookerly: Mr. Mayor, I make a motion that we move the unfinished section
up before the consent agenda. Is that what you said?
Mayor Jamison: Nope.
CM Cookerly: Oh, unfinished business.
' CM Mohrig: Before zoning.
CM Cookerly: Before zoning. And add an executive session for personnel, real
estate, et cetera.
Mayor Jamison: Okay. I've got a motion from Councilmember Cookerly and it's
seconded by Councilmember Johnson to approve the meeting
agenda as amended. All in favor please say aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Cookerly moved to approve the Meeting
Agenda with the following amendments:
• Move Unfinished Business items up to precede the Zoning Agenda.
• Add an Executive Session to discuss Land Acquisition, Personnel, and
Potential Litigation.
Councilmember Johnson seconded the motion. The motion passed (7-0).
(Councilmember Moore attended the meeting via Zoom.)
' PUBLIC COMMENT
Mayor Jamison: Any opposed? All right. That's unanimous. Next is general public
comment. City Clerk, do we have any general public comment?
Regular Meeting of the Milton City Council
Monday, October 17, 2022
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City Clerk: We do not have any general, Mayor. I
CONSENT AGENDA
Mayor Jamison: Okay. So, I will waive the public comment and I will ask the City
Clerk to please call the consent agenda items.
City Clerk: Mayor, that first item is approval of the meeting minutes for the
October loth, 2022, Work Session Council Meeting, Agenda Item
No. 22-322.
Item B is approval of Change Order #1 with KCI Technologies,
Inc. to provide city TSPLOST Batch 3 Design Services for
Bethany Road, Providence Road Intersection Improvement Project.
It's Agenda Item No. 22-323.
Item C is approval of a software services agreement and a
statement of work between the City of Milton and CivicPlus, LLC
for the purchase of the SeeClickFix Customer Request and Work
Order Management Solution, Agenda Item No. 22-324.
Item D is approval of a professional services agreement with ,
Practical Design Partners, LLC for a GIS Guardrail Inventory and
Prioritization, Agenda Item No. 22-325.
Our final item under consent is Item E, approval of a construction
services agreement with Buckeye Land Management, Inc. for the
demolition of the main residence at 14620 Freemanville Road,
Agenda Item No. 22-326. Mayor?
Mayor Jamison: Thank you. Do we have any motion to approve the consent agenda
items?
CM Jacobus: I move 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 items
as read. All in favor, please say aye.
All: Aye. I
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Monday, October 17, 2022
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' Motion and Vote: Councilmember Jacobus moved to approve the Consent
Agenda as read. Councilmember Mohrig seconded the motion. The motion
passed (7-0). (Councilmember Moore attended the meeting via Zoom.)
REPORTS AND PRESENTATIONS
Mayor Jamison: Any opposed? Okay. That is unanimous. So, we'll move onto
reports and presentation. Will the City Clerk please sound the first
item?
Clerk Lowit: Mayor, that item is proclamation proclaiming November the 6th,
2022, as Retired Educators Day in Milton. Mayor?
Mayor Jamison: Thank you. So, I have the honor of reading this Proclamation for
Retired Educators Day in Milton. This is the second time we have
done this so I will read this proclamation and then I will ask Miss
Nancy Shelly and a couple guests to come up and we'll take a
picture.
Whereas Georgia currently has more than 140,000 retired teachers
' and other educators who devoted their careers to guiding and
enlightening and inspiring young students and whereas these
former educators demonstrated time and again their commitment to
our community and next generations, routinely going the extra
mile to make a difference in schoolchildren's lives.
And whereas their tireless efforts in the classroom have helped to
shape countless students and in so doing, all of Georgia society,
and whereas these smart and talented individuals have continued to
make a positive impact even after retiring as active, valuable
members of the community. And whereas many retired teachers
today call Milton home, contributing in numerous ways to better
our city. And whereas the city sincerely appreciates all these
retired educators have done, both when they are working and since
ending their careers to benefit our society.
Now, therefore we, the Mayor and City Council, the City of Milton
proclaim Sunday, November 6th, 2022, to be Retired Educators
Day in Milton. This is given under our hand and seal for the city of
Milton Georgia on the 17th Day of October 2022.
' And do I have Miss Nancy Shelley here? Is she here? There we go.
If you would come on up, we'll take a picture. I know for the
educators in the room, I know these last few years have been very
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Monday, October 17, 2022
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difficult and I think all of us appreciate everything that you've I
done. So, we'll come on down, we'll take a picture.
[Applause/Photos Taken]
Mayor Jamison: Okay. Will City Clerk please sound the next item?
City Clerk: Mayor, that next item is presentation of the City of Milton Annual
Municipal Separate Storm Sewer System known as MS4 Program
is presented tonight by Mr. Scott Tkach.
Mr. Tkach: Good evening, Mayor and Council. My name is Scott Tkach, I'm
your new City Engineer and I'm here this evening to give you an
update on the city's annual NPDES or National Pollution
Discharge Elimination System Municipal Separate Storm Sewer
MS4 Permit. This evening I will provide an overview of regulatory
requirements of the permit, what's in it, and how staff is meeting
the requirements of the permit, as well as the city storm water
management plan.
This slide provides an outline of the presentation this evening. The
annual reporting is a requirement of our permit and so this evening ,
we'll walk through what is in the permit, why we have to have it,
what a municipal separate storm sewer is, what the six minimum
control measures are in the permit, the 35 best management
practices that were employed to meet that permit, our enforcement
response plan, as well as our impaired waters plan.
On October 3rd of this month, council approved a notice of intent
between the city and the county to renew our NPDES permit. It
requires, I believe it's December 4th of this year. And when we are
issued a new permit, it will be good for another five years,
spanning the years 2023 to 2028. This will be the opportunity for
staff to revise the city's stormwater management plan, as well as
meet any new requirements which I'll cover later in the
presentation.
Why we have this is Congress enacted the Federal Clean Water
Act in 1972 because we had several impaired waterways in the
United States, predominantly on the East Coast and they knew they
needed to clean those up. And so we had issues with elicit
discharges from industries, as well as municipal and agricultural
stormwater runoff. By the way, fun fact, the Clean Water Act is 50 '
years old this year. By way of an example, the Potomac River was
so polluted that people who had prolonged exposure to those
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Monday, October 17, 2022
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' waters were recommended to seek medical attention. So it was
pretty serious.
What's in the NPDES permit — easy for me to say — is it basically
addresses that any city/county/state has to be able to discharge
surface water flows into streams, lakes, aquifers, and has to treat it
and also has to look at flood control issues. This obviously has an
impact on wildlife, human health and welfare, and has an
environmental, economic cost. There are two types of permits
when these were first issued. There were phase one communities
and phase two communities and I'll cover that later. But under
those two types of permits, there's an individual permit and a
general permit.
An individual permit is tailored to an individual facility such as a
waste treatment plant, an industrial facility like a wafer
manufacturing facility or a Frito Lay manufacturing facility. And
then the other permit covers a large geographic area like a state, or
excuse me, like a city or a county which obviously is what we are.
The permit is valid for five years as I had previously mentioned.
' We're not sure of all the changes that are going to come from the
state but we anticipate seeing those in mid- to late -December of
2022. We do know that the new permit will require communities to
continually update their codes and ordinances for any text changes
or any changes that need to be made. We also know there are
probably going to be more stringent requirements for green
infrastructure and low impact development type of projects and we
also know there's going to be changes to the bacterial water quality
standards.
Again, I apologize for all the acronyms you're going to hear in this
presentation. A municipal separate storm sewer system or an MS4
is basically a conveyance system that is owned and operated by
city or a state, which we have. It collects, treats, and discharges
stormwater runoff into lakes, streams, aquifers. It would be things
like pipes, catch basins, manholes, roadside ditches, outfalls, water
quality facilities and detention/retention ponds. One thing I do
want to point out is we do not have a combined sewer system. That
would be a system is both sanitary sewer, so when you flush the
toilet, as well as storm sewer. Those are very expensive to operate.
We're very fortunate that we don't have that.
' Under the permit, we have six minimum control measurements.
Public education and outreach. Public participation and
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Monday, October 17, 2022
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involvement. Elicit discharge detection and elimination. '
Construction site stormwater runoff. Post construction stormwater
runoff. And pollution prevention and good housekeeping. All
permitees must address these six MCMs and we have come up
with 35 best management practices to be able to efficiently do that.
The first MCM is public education and outreach. Staff continues to
provide public education via the bullets outlined on this slide.
Public works partners with the city's communication director for
these BMPs. BMP 3 for example is the reason I'm here this
evening for this presentation. We are required to give an update, an
annual update, to the governing body of the city. Staff tracks the
number of pamphlets that are distributed to the public. The number
of hits that we get on our website. And we report these metrics in
our annual report every year.
Our second minimum control measurement is public involvement
and participation. I'm not going to read every bullet on the slide but
you can kind of see what we do. The city's environment program
manager, Emily Growth, coordinates at least stream clean-up event
annually. We had one just this last weekend on October 15th and it
was picking up trash and debris in the Little River and some of its '
tributaries. She also coordinates the ongoing adopt a road program.
What we do is we track volunteer sign-up sheets. We generate
maps of the areas that are serviced and we report those annually.
We also report the number of pet waste bags, stream clean up bags
and adopt road bags that are distributed and collected.
MCM3 is elicit discharge detection and eliminations. So, under
Title XL of the code of Federal Regulations, permittees must
develop and enforce a program to detect and eliminate elicit
discharges into its MS4. Under that we had to develop a
stormwater map. We had to develop a stormwater ordinance that
provided us with the regulatory authority to implement an elicit
discharge elimination program. We had to come up with an
education component and a complaint reporting and follow-up
action plan for the public. Examples of elicit discharges are paint,
raw sewage, industrial waste all being discharged into the city's
stormwater conveyance system.
My favorite is... I had to go out one time and I had a gentleman
that was discharging homemade gasoline into the storm sewer. It
was interesting. I showed up with a police officer, fire department, I
and code enforcement. It made the newspaper and that gentleman
went to jail.
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Monday, October 17, 2022
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I
Mayor Jamison: It wasn't here, right Scott? Previous location?
Mr. Tkach: That was another state mayor. I appreciate the question though.
Minimum control measurement number four is construction site
stormwater runoff control. This is a big, big element of our
program. So, this is predominately for private development. It is
managed by the good folks in Community Development, but it can
also apply to Capital Projects, both for Public Works and for
building say a new police station or courthouse. Under that,
Community Development does plan review land development
permit review, they do inspections, and they have a complaint
response program. And they do track and report those metrics to
the district.
Under Title XL under the Federal Code of Regulations, permittees
must develop, implement, and enforce a program to reduce
pollutants from construction sites, specifically we're looking at
total suspended solids — so that's just very fine soil particulate
matter that's carried in the stormwater runoff. Limiting nutrients
nitrogen and phosphorus — that can come from pet waste or
' fertilizers. Bacteria and hydrocarbons. So, when you park your car
in a parking lot or whatever and it leaks or whatever, it can get
caught up in the storm drain. And we do that for projects that
disturb land of one acre or greater.
Minimum control measurement number five is post -construction
stormwater runoff control. This is really stabilizing construction
sites after they're done and if I point to the graphic in the upper
right hand of the slide, you probably seen those green blankets.
Those are tackifier that usually has some kind of a seed in it and
holds moisture so that the seed, the grasses or whatever can
germinate.
Again, under Title XL under the Federal Code of Regulations,
permittees must develop, implement, and enforce a program to
address stormwater runoff into the MS4 from new development
and redevelopment. Generally this includes inspections of ponds,
both public and private, outfalls and conveyance systems. The city
is broken into five geographic areas and we inspect 20 percent of
that a year. So, we're actually inspecting 20 percent of those
facilities every year and reporting on those things. If there're
deficiencies we'll fix them if they're ours. If they're private, we'll
I
let the owners know that they need to correct those.
We also are required to permit and inspect GI and LID BMPS.
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Monday, October 17, 2022
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Again, apologize for the acronyms. So, examples of that would be '
green roofs, tree planting, bioretention, on site infiltration,
permeable pavement and rainwater harvesting.
The final BMP is pollution prevention and good housekeeping for
municipal operations. We have nine of these and again, under Title
XL of the Federal Code of Regulations, we're required to
implement and have a program. Examples of good housekeeping
are proper operations of municipal parks, streets, fleet maintenance
facilities, and stormwater MS4 systems, as well as retrofitting of
existing flood management projects and new flood management
projects. So, you can see a street sweeper there as an example.
Under the enforcement response and impaired waters, that covers
the elicit discharge detection and elimination element. It covers the
soils erosion and sediments control element. Commercial on -site
storm water systems and we have to have some kind of plan for
how we deal with debris and waste that we collect and we have an
environmental ordinance to deal with that. We do have a couple of
streams in the city that we monitor through the Fulton County
MOU that council recently approved.
We are monitoring the Little River for habitat and biological '
monitoring. So what that is, we're looking at macroinvertebrate
populations — that's just a fancy word for water insects, but they're
a very good indicator of a stream's water quality. They also do fish
samples. We do water quality testing. They do stream reach
assessment and calculations and stream velocity profiles. These are
all indicators of a stream's health. Recent testing of the Copper
Sandy Creek indicates the habitat and biological health is
improving, specifically for total suspended solids, fish and
macroinvertebrate populations.
I know that's a very quick overview of the program so at this point,
I'll open it up for any questions.
Mayor Jamison: Thank you, Scott. Any questions for Scott?
CM Cookerly: I do have one question. How big of a deal is it when landscapers
push everything into storm drains?
Mr. Tkach: Mayor, Councilwoman Cookerly, that actually is a big deal
because some of that landscaping stuff carries the nitrogen and '
phosphorus and what happens if that gets into the water column, a
lot of the bacteria in the water column will begin to break that
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Monday, October 17, 2022
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down as a food source and they deplete the oxygen and that
dissolves the oxygen down in the stream so fish can't breathe.
CM Cookerly: So, ARC was going to do a program to educate all the landscaping
crews or do something punitive. Did anything ever happen?
Mr. Tkach: Councilwoman, respectfully, I don't know. I'm pretty new in the
community and the state of Georgia, so I'm not sure where that's at
but I'm happy to —
CM Cookerly: It was a long time ago. I would assume not because you still see
crews do it all the time.
Mr. Tkach: It's hard to enforce that. You know, you have to be on them and
you have to set a precedence or a paradigm in the community to
make sure these guys are taking it seriously.
CM Cookerly: Okay. Thank you.
Mr. Tkach: You're welcome.
Mr. Krokoff: There is an ordinance against blowing yard waste into our water
systems.
Mayor Jamison: Thank you. Any other questions? Appreciate it.
Mr. Tkach: Thank you. Nice meeting you.
FIRST PRESENTATION
Mayor Jamison: All right. We'll move on to the first presentation. Will the City
Clerk please sound the next item?
City Clerk: Mayor, that item is consideration of RZ22-06 a text amendment to
amend Article VI, Division 2: AG-1 as it relates to lot width,
Agenda Item No. 22-327. Mayor?
Mayor Jamison: Thank you. Do I have a motion on the first presentation?
CM Mohrig: Yes, Mayor. I make motion that we approve the first presentation
as read.
CM Cookerly: Second.
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Monday, October 17, 2022
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Mayor Jamison: Okay. I have a motion from Councilmember Mohrig and a second
from Councilmember Cookerly to approve the first presentation as
read. All in favor please say aye.
All:
Aye.
Motion and Vote: Councilmember Mohrig moved to approve the First
Presentation item as read. Councilmember Cookerly seconded the motion. The
motion passed (7-0). (Councilmember Moore attended the meeting via Zoom.)
PUBLIC HEARING
Mayor Jamison: Any opposed? That is unanimous. So, we will move onto the
public hearing. Will the City Clerk please sound the next item.
City Clerk: Mayor, that item is consideration of the issuance of an alcohol
beverage license to J and J Food Double Plus, LLC doing business
as Sushi Nami at 5316 Windward Parkway, Suite B, Milton, GA,
30004. It's Agenda Item No. 22-328. Our Finance Director, Miss
Karen Ellis.
Ms. Ellis: Good evening, council. This evening I have an alcohol beverage
license for J and J Food Double Plus, LLC doing business as Sushi
Nami. This is an existing location. They are applying for
consumption on premises wine, malt beverage, also on premises
for Sunday sales. And it was advertised in the Milton Herald on the
6th and 13th. The location of Sushi Nami is 5316 Windward
Parkway, Suite B. This is the location of the business in
coordination where other alcohol license holders are along
Windward Parkway.
And this will be a full -service restaurant with at least 40 percent of
the square footage being restaurant. The eating establishment will
derive at least 50 percent of its annual gross food and beverage
sales from the sale of food or meals. As you see below, there is at
least 2,198 square feet gross, seating area will be 968.56 square
feet which does come to 40 percent. And if you have any
questions, I'll be happy to answer them.
Mayor Jamison: Any questions? Do we have any public comment?
City Clerk: We do not, Mayor.
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Monday, October 17, 2022
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' Mayor Jamison: Okay, I'll close public comment and we'll vote on this later. Thank
you.
Ms. Ellis: You're welcome.
UNFINSIHED BUSINESS
Mayor Jamison: Okay. We will move onto unfinished business. Will the City Clerk
please sound the first item?
City Clerk: Mayor, that item is consideration of an ordinance to amend
Appendix A, Parks and Recreation Fees and Other Charges, of
Chapter 34, Section 24, of the Milton City Code to change the
rental rates for fields 2 and 3 at Legacy Park. It is Agenda Item No.
22-306. Our Parks & Rec Director, Mr. Tom McKlveen.
Mr. McKlveen: Good evening, Mayor and Council. What I have for your
consideration this evening is an amendment to the ordinance of
Appendix A of Chapter 34, Parks and Recreation Fees and Other
' Charges. This amendment addresses two items. First, it's simply
some housekeeping. Changing the parks name into the listing as
Legacy Park. It was referred to as the Cox Road Athletic Complex
prior.
Second, it establishes a new rental rate for the two recently
renovated multipurpose fields at the park. Staff has recommended
that the Milton resident rate on both fields be $75.00 per hour and
this is an increase of $25.00 per hour and that's to account for the
increased quality of the fields and the demands that these fields
will now garner.
This rate change will put the two fields in line with what's
currently charged for the artificial multipurpose fields out at
Memorial Park. This ordinance change was brought forth to the
Parks and Rec Advisory Board on September 15th, 2022, and the
board unanimously voted in favor of this recommended rate as I
just mentioned moments ago. At this point, be happy to answer any
questions that you may have.
Mayor Jamison: Any questions for Tom? Any public comment?
' City Clerk: We have none, sir.
Mayor Jamison: Okay. I'll close the public comment and open up for a motion if
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Monday, October 17, 2022
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there's no questions. I
CM Cookerly: Mr. Mayor, I make the motion that we approve Agenda Item No.
22-306.
CM Verhoff: Second.
Mayor Jamison: Okay. I have a motion from Councilmember Cookerly and a
second from Councilmember Verhoff to approve Agenda Item No.
22-306. All in favor, please say aye.
All: Aye.
Motion and Vote: Councilmember Cookerly moved to approve Agenda Item
No. 22-306. Councilmember Verhoff seconded the motion. The motion passed
(7-0). (Councilmember Moore attended the meeting via Zoom.)
Mayor Jamison: Any opposed? That's unanimous. Thanks Tom. All right, will the
City Clerk please sound the next item?
City Clerk: Mayor, that next item is item B, consideration of Chapter 4 as it I
relates to alcoholic beverages. It is Agenda Item No. 22-317. Our
City Manager, Mr. Steven Krokoff.
Mr. Krokoff: Good evening, Mayor and Council. I am before you tonight again
to report , back on our continued progress in revising Milton's
alcohol code and hopefully bring it to a vote tonight. We'd like to
thank you for your feedback during September's work session. The
October 3rd council meeting and again, the October loth work
session. Tonight's presentation will focus on barrel limitations for
brewpubs, microbreweries, and microdistilleries, and then provide
an overview of the license types.
Before I do so, you have in front of you a redline version of
Chapter 4, which is Milton's alcoholic beverage code with non -
substantive changes other than the feedback of last week's council
meeting and some additional legal edits. I'm going to go through
the full presentation and then pause for public comment and input.
I'll return for the decision points and further questions from the
mayor and council.
Like I said, tonight's two objectives will be to discuss the barrel
limitations and an overview of the alcohol code and these are the
icons that we've been using throughout the presentations, so I will
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Monday, October 17, 2022
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' move to brewpubs. A brewpub is any brewer that also qualifies as
an eating establishment that meets the 50/50 food to food plus
beverage sales ratio. A brew pup is authorized to manufacture its
own malt beverages or sales by the drink or package. Additionally,
they are authorized to serve by the drink other manufacturers malt
beverage, wine, and distilled spirits. Finally, they can sell other
manufacturers malt beverages and wine by the package.
State code limits barrel production at brewpubs to 10,000 barrels
per year of which no more than 5,000 barrels may be sold to
wholesale dealers. If you recall, the planning commission's
recommendations were at 3,000 barrels irrespective to wholesale
versus retail. While reviewing local alcohol codes, we've learned
that alcohol in Canton, John's Creek, and Roswell, all use either
repeat the state code limitations or explicitly state that they follow
the state code limitations.
We interviewed a handful of prominent brewpub owners, including
the current and former Executive Directors of the Georgia Craft
Brewers Guild. The following information is going to apply to
' brewpubs were discussed and breweries were discussed on the
proceeding slide. So, with those people, we discussed the
limitations and we learned that most of them are instituted to off-
set concerns regarding the state's three tier system and none
seemed to understand the city's desire to limit it at the municipal
level.
I discussed with them an article that was provided to me that
identified the square footage requirements of an establishment be
approximately two square feet per barrel of yearly capacity.
According to this math, a brewpub or microbrewery that produced
3,000 barrels would need a minimum of 6,000 square feet. None of
those I interviewed had heard of the ratio.
Of those we interviewed, the largest square footage we found was
13,000 square feet with a yearly barrel yield of just under 4,000.
No establishment claimed barrel production they thought was
limited by the square footage they had, but more so by the current
set up by the types of serving tanks they had, fermentation tanks,
how they used kegs, and in brewpubs, the size of the restaurant
eating area.
' I'm going to move onto microbreweries now and I'm going to come
back to these decision slides, like the one just before, when we
come back. But before I do, perhaps you may have some questions
Regular Meeting of the Milton City Council.
Monday, October 17, 2022
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as to where I am right now. I want to open that opportunity. '
Microbreweries. Microbreweries may only sell malt beverages at
retail that have been manufactured on site or at another of the
brewer's solely owned locations. They may only sell to consumers
who visit the manufacturing location. Breweries may be permitted
to serve malt beverages by the drink for on the premise
consumption and sell malt beverages by the package for off -
premise consumption.
State code does not limit barrel production at breweries or
microbreweries except to limit the number of barrels that can be
sold at retail and that's 6,000 barrels per calendar year aggregated
among all the brewer's licensed premises. If you recall, the
planning commission is also recommending a 3,000 barrel
limitation in respect of retail versus wholesale.
We've reviewed the alcohol codes of Alpharetta, Canton, John's
Creek, and Roswell for comparison. Alpharetta has no limit on
manufacturing but limits barrels sold at retail to 3,000. John's
Creek references and repeats the state code limitations. Canton has
no mention of the limits. And Roswell simply defines breweries as '
one that manufactures more than 15,000 barrels and a
microbrewery as one that manufactures less than 15,000 barrels.
As I said, this information that I reviewed previously also applies
to microbreweries. Any questions?
Microdistilleries may only sell distilled spirits at retail that have
been manufactured on site or at one of the distiller's solely owned
locations. And they may only sell to consumers who visit the
distiller's manufacturing location. Distilleries may be permitted to
serve distilled spirits by the drink for on premise consumption and
sell distilled spirits by the package for off -premise consumption.
State code limits do not limit barrel production at distilleries except
to limit the number of barrels that can be sold at retail for on
premise consumption and off -premise package sales and that's 750
barrels. There is no definition of microdistillery in the state code
but it is the definition that we'll be going with in the City of
Milton. The planning commission is also recommending the 3,000
barrel limitation in respect of retail versus wholesale. The only
distillery owner I was able to connect with was our own distillery
Six Bridges and he didn't see an issue with the 3,000 barrel limit '
hindering his operation. Any questions on distilleries?
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Pace 17 of 68
' I'm going to get into licenses and then if it's okay with the council,
I'll pause for public comment. This is an overview of the licenses
and you have a three page spreadsheet which is really designed for
our staff so they know how to manage licenses when they come in.
So, the first type of license we have is called a Standard
Consumption on Premise License and there are four types of
establishments that can hold a Standard Consumption on Premise
License — a restaurant, a hotel, a golf course, and an event facility
which requires a council approved use permit. Any of those
establishments can hold a license for on premise consumption for
distilled spirits, wine, and malt beverages.
The second type of license is a Non -Standard Consumption on
Premise License. There are two different license types — limited
food service restaurants and limited tap. A limited food service
restaurant must arrive at least 30 percent of it's total annual gross
food and beverage sales to the sales of prepared food. A limited
food service restaurant may sell distilled spirits, wine, and malt
beverages for consumption on premises; however it may not
operate as a nightclub and cannot sell alcohol on Sundays. No new
' license applications will be considered and only the one current
license will be considered for renewal each year.
A limited tap license was available to establishments that do sell
food prepared on the premises and provide a limited selection of
craft beers on tap for limited consumption on premises. Similar to
the last license, no new license applications will be considered and
only the one current license will be considered for renewal each
year. Any questions before I move onto retail package licenses?
There are three types of retail package licenses, though I combined
two on the slide. Distilled spirits, wine, and malt beverages. Wine
and malt beverage regulations are the same when it comes to
package stores and are treated as such. Distilled spirit package
stores will now require a council -approved use permit and cannot
have ancillary tastings unless the establishment is also licensed to
sell wine and malt beverage by the package and then they can only
have ancillary tastings of wine and malt beverages. Any questions
related to package stores?
There are two types of hybrid licenses: brewpubs and farm
wineries. We've gone over brewpubs at a decent length and no
changes have been made to farm wineries. Farm wineries, as a
reminder, may sell wine for consumption on premise in a tasting
room and by the package for off -premise consumption. Farm
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 18 of 68
wineries are already regulated through council -approved use I
permits. Any questions on hybrid licenses?
Manufacturing licenses. There are two types of manufacturing
licenses: microbreweries and microdistilleries. Both of which,
again, we've discussed this evening and both which will require
council approved permits. I'll move onto specialty licenses which
we did not discuss too much throughout the process because there
have not been many changes.
There are three types of specialty licenses — specialty gift shops,
incidental service, and bring your own beverage. A specialty gift
shop is a retail gift shop that may sell wine or malt beverage by the
package as part of gift baskets. No material changes were made to
this license.
The next is incidental services license. This license allows for the
provision for a limited amount of free wine or malt beverage to
patrons of a retail establishment. One change that was made for
this license was a requirement of a review by the Community
Development Director with input from the staff and council to
determine uses that are compatible with incidental service. ,
The third type of specialty license is a bring your own beverage
license. Such a license allows restaurants, council -approved
festival or event, indoor/outdoor use permit holders, and
establishments approved by the Community Development Director
with input from staff and the council to determine the uses
compatible with BYOB. Are there any questions regarding
specialty licenses?
And the last one. Add -on licenses. Craft beer and/or wine market
licenses are an add -on for a wine and malt beverage package store
that allows for limited consumption on premises of wine and malt
beverages. We have two current craft beer and/or wine markets
and future applications will require a council approved use permit.
Alcoholic beverage caterer licenses are add-ons for any standard
consumption on premise license holder or any package holder and
allows them to cater alcoholic beverages.
There are two types of Sunday sales licenses — by the package for
off premise consumption and by the drink for on premise
consumption. On premise consumption is controlled by the city's '
referendum on Sunday sales and is restricted to establishments that
derive a minimum of 50 percent of their total sales from the sales
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 19 of 68
I
of prepared meals and food.
And finally, an ancillary tasting license. That is available to
package malt beverage and wine retailers for the sampling of
limited amounts of malt beverage and wine.
And council that is all. If there are no questions on that or the
presentation for now, I can yield for public comment or I can
answer any questions you have now.
Mayor Jamison: Any questions? Steve, just one comment. All these
recommendations from staff will not have any impact on a current
license holder, is that correct? Or any license holders on these
specific things that we're talking about?
Mr. Krokoff: None of the limitations that I stated — I assume we're talking about
the non-standard licenses.
Mayor Jamison: Correct.
' Mr. Krokoff: They will still be allowed to apply — as it's written in the code — as
it's being proposed in the code, they will still be able to apply each
year like every other license holder to renew their license. We just
won't be allowing new licenses of any of the non -standards.
Mayor Jamison: All right. Thank you. Miss Tammy, I guess we'll call for public
comment. How many public comment cards do we have?
City Clerk: I didn't count them, sir. We have a few.
Mayor Jamison: Okay. I'll just reacquaint the room. I know we've got a packed
house tonight, so if possible, please refrain from any boos,
outbursts, dialogue, or anything like that. We want everyone to
speak and speak their mind in an open setting. So, we'll call the
first speaker.
City Clerk: Mayor, the first two I will read into the record and then I will begin
inviting people to the podium. The first one is from Liam Pawlak,
120 Brookfield Hollow in Roswell. "I am the audio/visual guy at
Billy Allen's. I understand I am a Roswell resident, but Billy Allen
has been nothing short of a beacon of hope for a guy who
graduated college with an audio engineering degree in the middle
' of a pandemic. Billy has been essential for my," bear with me...
"Essential for my development as a professional, as well as a
human being."
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 20 of 68
Next is Joanne Lask. She is at 12580 Crabapple Road here in '
Milton. "Billy Allen's is a great place for senior citizens to go,
especially if they can't drive far or are afraid of crime. Please vote
for 3070."
Mayor, I'd like to invite Mr. Clay Gridley to the podium please.
Mr. Gridley: Clay Gridley, 200 Cedar Valley, Canton. Thank you for calling me
first, I appreciate that. Thank you, Council, for your time. I
appreciate that. I do want to recognize the City Manager and the
Assistant City Manager for this. For almost two years now, we've
had some back and forths. They've been very diligent about this.
You have found out, if you didn't already know, alcohol law can be
complex and I appreciate y'all's time with this and learning this. I
know out of all the chapters that you have in the code ordinance,
this is just one. It's a big one, it's a pain in the rear, and hopefully
we can put it in the rearview mirror soon. I just want to recognize
them for their hard work.
The barrel limitations, I'm okay on, personally. We're probably
only going to sell 1,000 barrels a year there. If you want to restrict
it, that's fine with me. Nobody else does it, just FYI. And the two ,
things that I wanted to talk about actually is one — allowing us to
stay open past 10:00 p.m. on the weekends if we wanted to. We're
not limited in John's Creek for this. I know the big concern is the
food percentage there. So we will have a kitchen — in fact, we're
having our final inspection this week. And the kitchen will service
180 seats at our premises. Out of all the tables there, you'll be able
to order food from any table you want.
We are separate entities because we're not food people, but they
will be able to service every seat there. So we hope there's a good
percentage of food sales there, but I know that's a big sticking
point with it. I can't give you a percentage what it could be, but
from every table there, you could scan a code and get some ribs or
a barbecue sandwich, so they do have that at their disposal.
So, I do request — I had turn people away this weekend for that
very reason, but we would like 11:00 p.m., you know? I think
thafd be a good one. I know whether local entities can do 2:00
a.m. or something, we're not trying to do that, but you know, I
mentioned before if there's a football game or it's the weekend, it's
New Year's Eve. You know, we had a New Year's Eve thing we do '
every year at John's Creek that's really popular too. So, I would
like to ask for at least 11:00 p.m., if not midnight.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 21 of 66
' The second is Sunday sales. I know it's going to sound like I'm
beating a dead horse here, but about a month ago or whatever, it
was passed but we cannot apply for it just yet. There's currently a
moratorium in place for new applications and even though it's an
add -on to our existing one that's considered a new application. So
we're unable to apply here for that and let's see... I think there were
some language issues there as well. I just found it kind of silly that
it was passed the same night we got our permanent license and it
was — we're having to start all the way over with it.
And even then, you know, this moratorium. I get it. We're missing
out on football season right now. I just installed several thousand
dollars' worth of TVs and I'm paying DirectTV $300-400 a month
right now for that and we're not getting to use it. So I would like to
put those to use if we could either allow us to apply for this or lift
this moratorium or whatever it is. But I mentioned in my talks with
the City Manager, we're probably losing about $15,000.00 a month
not being able to operate on Sunday.
' I had to turn away a holiday event for a Sunday as well and you
know, being a small business in Milton is not a slam dunk. It's not
easy. A lot of challenges to it. When these restrictions are put in
place, it does not make it easy for small business owners. So, I
want to stress that right there and I appreciate your consideration.
And I'm happy to talk about anything if you have any questions for
me. Thank you.
Mayor Jamison: Thank you. Please call the next speaker.
City Clerk: I'd like to invite Josh Rachel to the podium please.
Mr. Rachel: Good evening, Mr. Mayor and City Council. My name's Josh
Rachel, I'm at 16035 Westbrook Road here in Milton, Georgia. I've
sent everyone emails this morning to kind of follow-up with what
we're doing at Hyde Brewing, right about 300 yards that way. And
I think Clay's done a pretty good job getting into Milton and
helping try to, I guess, change some of these ordinances to
hopefully benefit their small business and that's kind of what I'm
here to do today and it really comes down to the barrel limitations.
I don't want to look at this as necessarily a negotiation because I
' just would rather be straight up with everyone. 10,000 barrels is a
lot of beer. We all know that. To have that produced out of that
facility that we're going to be in, it's not realistic but to look at
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 22 of 68
square footage and I believe it was a 2015 or 2016 article that '
Steve pulled it from, I'm not sure. You know, I'm not saying a
whole lot's changed since then but brewers are nimble, we adapt,
and we overcome. That's the process itself and we have to be able
to do that and get away with everything without everybody
noticing. Staffing tanks is a normal thing.
I have 22ft. ceilings in my brew area. I've currently got 12 seven
barrel vessels that are going to sit in there. I can take those out and
I could put 20ft. x 8ft. vessels in there and run a lot more beer out
the back. But my main — our main goal is to service the community
in house. That's what I want to do. I'm not looking to do distro. But
I don't want to be taken away — I don't want that taken away from
me where I don't have that option.
And, you know, I could spit out numbers to you and I know some
of you replied back to me today and wanted a little more clarity on
it and it really is hard for me to be able to sit here and tell you like,
hey we're gonna do this the first year and then the second year,
we're gonna drop in some new tanks. Which is real, but I could
come up with 20 scenarios to tell you guys that still would work. I
know they'd work. I've been in that situation where I've made I
things work in the brewing industry where people have never seen
it happen before.
And so when I look at square footage and all these things, yes
there's a certain ceiling to it but I just don't want to be limited
based on knowing that we're gonna be at 3,000 barrels. You're
gonna limit a brewpub at 3,000 barrels and pretty much there's that
3,000 barrels across the whole board. You didn't even consider like
well what exactly does a brewpub do different than a brewery. It's
just 3,000. That's all we're doing.
And I do appreciate all the hard work that's gone into this. Believe
me when I say that because I know it's not easy and it is relatively
new with just the growth of brewing beer and the craft beer market
in general. When I try to calculate how much beer we're going to
produce in a year, another variable that comes into my mind is
where's the economy gonna be in two years? Where's our business
model in two years? Are we all living at our house again because
of some other COVID and we're having to redirect and figure out a
new plan for another business model to not lose all our money?
And that might mean I'm going to start canning bottled water over I
there to start sending places? I don't know, but could I do that?
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 23 of 68
' Yes. So, it's endless. It really is endless what we want to do over
there but I'm gonna tell you, and I'm so serious and I believe in it,
that our model is built to sell to the public coming in and in house
sales. That's where I'm gonna make my money.
I'm not going to make money doing distro and I get the concerns of
looking at distro as trucks in and out. I've done that game. That is
not fun and you're making pennies on the dollar if you're not doing
it right. And it's hard. So, looking at that and if I say I got food
sales at $1.5 mil at one year, I'm gonna on average do 1,000 barrels
if you look at the 50/50 and that's totally achievable. I'm not
worried about that. You know, doing $2 million, I'm up in the
1,300 range.
So yeah, your 3,000 number works and I understand where you got
it because it makes everybody feel okay about it, I just don't want
to be limited. We don't have to be at the state limit but if there's a
way to meet in the middle somewhere to make me feel warm and
cozy, that'd be super awesome. I guess I could go on and on but the
biggest issue was how much can we produce and the answer is I
. could tell you a thousand different ways because that's the truth.
But again, our main goal is to have in house sales.
City Clerk: Time expired. Thank you.
Mr. Rachel: Thank you.
Mayor Jamison: Perfect timing. Thank you. Please call the next speaker.
City Clerk: I'd like to invite Mary Cronk to the podium please.
Ms. Crook: Good evening, Mayor and Council. My name is Mary Croak and I
live at 600 Hickory Mill Lane. I first want to state I am in favor of
the proposed changes to remove from our ordinance limited food
service restaurants with their 70/30 ratio of alcohol to food. Next, I
agree that council and businesses alike need to honor what they've
said, as well as abide by our ordinances. But this is where it gets
tricky.
As we have heard from our only limited food service restaurant in
comments and also in an email dated October 1st at 10:29 a.m. to
the people on the mailing distribution list, this is stated, I was
' promised a grandfathered license to protect me for the next 10
years. In situations like this, how do you know what was said, what
was promised, and what's in writing?
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 24 of 66 e
Well in this case, you can start by going to YouTube and listening '
to the October 18th, 2021, council meeting where the moratorium
on specific types of businesses, including the limited food service
restaurant, was discussed. You can listen to statements from Mr.
Allen and the lengthy hours long discussion among the
councilmembers. You can also listen to the motion that was made
and approved 5-2 by council.
If you do listen, you will hear at approximately three hours into the
meeting the following — when asked by council how the proposed
moratorium would impact the only 70/30 business, Mr. Jarrard, the
City Attorney stated — and I listened to it and took it down
verbatim, "Again, I will go back to what I stated in respect to the
temporal authorization of the alcohol license. It is, again, a year-to-
year license. There is no expectation that you will have the right to
get it again because the council reserves the right, as every council
and board of commissioners in the state of Georgia does, to modify
the terms and conditions in which alcohol will be authorized for
sale in the jurisdiction."
He then goes onto state, "My point is that this is one of those '
things where if you wanted to try something on for size, you would
have the right to do that. See how it works, see if there are
problems, then you could restrain it in 2022 should you want to."
At 3 hours and 41 minutes into the meeting when asked a question
whether limited food service restaurants, that term would have to
be in our ordinances for the current business to be able to operate,
Mr. Jarrard said, "He has a limited food service permit right now.
Under the language you are sticking in there, he would be entitled
to at least apply for renewal."
After further discussion at 3 hours and 47 minutes into the
meeting, the motion that follows was made and this motion was
made with the understanding that council was not guaranteeing
anything to this business other than the right to at least apply for
renewal annually. The first part of that motion was made by
Councilmember Moore with additional language from Mr. Jarrard
and the motion was, "Mr. Mayor, I make a motion that we approve
the language in D, Section 4-125, Hours and Days of Operations
D, to accommodate limited -service restaurants Monday through
Saturday from 9:00 a.m. to 11:00 p.m. as stated with the additional
language generated by Mr. Jarrard, our City Attorney." '
And Mr. Jarrard followed saying, "Except that a limited -service
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 25 of 68
' restaurant that received a limited -service restaurant permit from the
City of Milton prior to October 18th, 2021, shall be authorized to
renew that permit upon the same terms, conditions, alcohol to food
ratio, and hours of operation as were authorized in its 2021
permit.,,
Those were the words that were spoken and the motion that was
made and approved by council. And unless there is something else
in writing after that motion, those are the terms of the alcohol
license for this establishment. There was no mention of a guarantee
year to year license or a ten year license —
City Clerk: One minute.
Ms. Cronk: Just like there's no guarantee for any business that their alcohol
license will be renewed each year but they all have the right to
apply for renewal. So, in this situation, council has honored what
it's said in the alcohol license that was issued to this business and
allowing it to apply for renewal of the alcohol license. Thank you
very much for your time and all that you do.
' Mayor Jamison: Thank you. Please call the next speaker.
City Clerk: I'd like to invite Griff Sims to the podium please.
Mr. Sims: Can I pass?
City Clerk: Absolutely, sure.
Mr. Sims: I'm not going to pass, can I change my sequence?
Mayor Jamison: No, if you can just come on, that'd be great. Thank you.
Mr. Sims: Okay, thanks. Thanks for having me. My name is Griff Sims and
I'm a real estate broker and when I was engaged or introduced or
referred to Billy Allen three and a half years ago —
Mayor Jamison: Sorry sir, will you say your address for the record?
Mr. Sims: I'm sorry. Griff Sims. 2566 Oglethorpe Circle, Atlanta, GA 30319.
Mayor Jamison: Thank you.
I
Mr. Sims: Thank you. So, I said no thanks, this is not my backyard. I'm
mainly an office guy. I do some restaurants. However, after some
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 26 of 68
more due diligence, I recognized that the operator has a reputation '
for being one of the darlings in the industry. When you talk about
restaurants, bars, nightclubs, clubbing, things like that, we're in a
vast ocean where everything is tantamount comes down to the
operator and who you're doing business with and the character of
that individual is this an operator who's an absentee guy two or
three nights a week? Or is he at the door every night, etc. etc.
And for the reasons of his exemplary reputation in the industry and
in the city, I said I'm gonna take this on. We did not come up here
and I did not come up here — and I understand I'm a resident of
Brookhaven and I'm close to council down there and I'm involved
in helping defend ordinances that are on the books, not crafting
exceptions. So, we were not — we didn't come up here looking to
find an entertainment place or a live venue in Milton. To be honest,
Milton kind of came to us and that's okay.
So, as we went through the process very carefully went around the
bases to make sure everything is sequentially buttoned up. The
differentiator for this type of operator, and the question is, is the
granting renewal of this license — and I understand exactly what
the preceding speaker said with respect to it doesn't give you '
entitlement, it gives you the right — when it comes to re-evaluating
the operator year in and year out, you're evaluating the license.
You're making a decision about is it — if we're gonna decline it or
withdraw it or reduce it, is it indictment of the operator, is it
indictment of the concept? Do we want live music in Milton? Do
we want that type of operation? The answer was yes. So, I have to
believe if there's friction now or a tenor that is looking at calling
that back, then to me if there's a question of the operator and the
behavior of the operation that is at the basis, that that come out to
light.
With the second question is, does Milton want to foster live
entertainment? I know that the commercial side has struggled
somewhat on the tax base and I know that Milton wants to foster
growth in the community and have a community where the various
activities can take place in the city without people venturing out
and having to travel a long ways.
So, thank you for your time. I can tell you that the council did
spend and I was on the sidelines — again, this is not my '
playground, and it took about a year, year and a half to get those to
craft that ordinance and get this to where it opens the door and
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 27 of 68
' opportunity and embraced and fostered the idea of having some
live entertainment in Milton, so. And with that, that's it.
Mayor Jamison: Thank you. Appreciate it.
City Clerk: Mayor, I'd like to invite Charles Morgan to the podium please.
Mr. Morgan: Thank you. Mayor and Council, my name is Charles Morgan. I'm a
Milton resident. I live at 595 Arbor North Way, Milton 30009, just
right down the street. I'm a lawyer licensed for practice in the state
of Georgia. I am here not only as a Milton resident, but as the
attorney for Mr. Billy Allen and his business. And I have to say
that I am — I mean, I love living in Milton but I'm a little bit
disappointed in the operation of the government here and let me
tell you specifically what I mean.
This is my third appearance before the city council and one or two
previous meetings, there was a slide put up that said the planning
commission recommends the discontinuance of Billy Allen's
license. Okay? And then there was no information otherwise about
what had happened to that. In other words, is the City Council
planning to do that? Have they considered the planning
commission's vote there? Has there been any transparency about
why the planning commission voted as it did?
And I'm disappointed because there's no transparency and I think
as American citizens living in a democracy, we all want our
government to be operating in the light and transparently so that
we know what's being decided and when as opposed to everything
being in the dark. Now, I have to tell you that I've been somewhat
upset by this because Mr. Allen has gone through a very painful
period since this comes out he's trying to run a business here. I've
told you before that I've known him for many years and from my
standpoint, he's a very honest, ethical person. And I can guarantee
you, I wouldn't stand up here and speak in his favor if I didn't truly
believe that.
But it's, in my opinion... the City of Milton owes Mr. Allen an
apology because to let it just hang out there and linger there for
weeks that maybe his license is going to be renewed? That rumor's
been all over Milton. People are calling Mr. Allen saying, hey we
hear that your license is gonna be taken away, what's up? And
that's been seriously detrimental to his business.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 28 of 68
So, like I say, I'm really all for transparency and as far as the '
previous lady that spoke about the quoting the City Attorney and
so forth, I do not hear a single word from that honorable lady
speaking against Mr. Allen and the business and so forth. And I
think the final point I would just make is there have been no
citations of any kind against Mr. Allen's business, all right? And so
I think there's probably some people hiding in the shadows who
don't like having a live music venue here and they're allowed to
have their opinion.
But at the same time, this City Council approved this license and
based on that, Mr. Allen made the decision to invest over a million
dollars to try and bring this to Milton. So, I would just say that I'm
not suggesting that he has an in perpetuity 100 year right to have
this license, the City of Milton has to keep control of that. Nobody
disagrees. If it was an establishment that was getting constant
citations for fights and noise etc. etc., then that would be a
different story. But that's not at all what we have here.
City Clerk: One minute.
Mr. Morgan: So, I'll just end with that and if you haven't been to Billy Allen's, '
it's right down the street. I know he encourages you all to go there
and see for yourself what it's all about. Thank you.
Mayor Jamison: Thank you. Appreciate it.
City Clerk: Mayor, we invite Billy Allen to the podium, please.
Mr. Allen: Good evening, Council. My name is Billy Allen and I reside at 440
Glen Courtney Dr., Atlanta, GA 30328.Once again, I'm blinded by
what's going on here. The city planning, no vote tonight for me. I
don't quite understand the government. That's why I bring
somebody with me that does. But — and with all due respect to this
concerned citizen, who I'm sure is a worthy person of the
community and everything else, this is getting old. It's getting old
fast. And I just don't understand how I can be treated like this.
I don't have any — I can't fathom the facts of the minutes of the
conversation. I used the word grandfather clause with the
gentleman right here before it was over and I did say, you know, I
don't want to go through this every year. And what I meant by this
was that you had licensed me and then called me back to rescind it '
before I ever even opened. So there's no violations there. There's
nothing — it has nothing to do with it.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 29 of 66
' I was called back by a nice young lady that works for the city that
said, listen I'm just curious, would you mind — could you do 60/40
or 50/50? If you do 50/50, you can open on Sunday. Well, I don't
like to work on Sunday. I like to spend that time with my family
and so that didn't really mean too much to me but I was very
curious about how they could do that before I ever opened my
doors. And since then, I've had one meeting with Mr. Buscemi
who called me in. I didn't know why I was called in. Wasn't sure
what was going on and so I brought Mr. Morgan with me and from
the beginning of that meeting, he was a little steamed by that.
He didn't — he said well, if you get an attorney, I'll get one. And
Mr. Brant Beecham was there with his attorney and we were just
all concerned as to what happened. What happened was a
compilation of things that could have been violations and he said
look, I'm gonna do you a favor. You gotta get rid of this, this, this,
this, this, this, this and this, and you know, I questioned these
things and I believe this nice young lady right here was showing
some of these ordinances and things on the books and none of this
was ever brought to my attention during planning, during permits,
' during anything. None of it.
It was waited until after I put soft LED strips in the back sides of
my windows to face a corn field that I was restricted. That was
about June. What happened to my business when it dang gum near
went invisible having to remove my two televisions from the patio
and these types of things. It dropped 40 percent and people started
to call me and say hey what's up? The local regulars, ranging in
age from 40-75 were coming and going, hey, you know, we were
across the street, we heard you're closing.
And I know there are some affluent underlying currents that didn't
really approve of me from the very beginning and that was shown
to me by way of pecking at me, pecking at my reputation, my
appearance for God sakes and other things. And so I stand here
before you now, I was hoping to come in and at least get the vote
one way or another and I'm told tonight that you won't vote tonight
either because the City, okay whomever, well you're shaking your
head no so I didn't know this until I sat down, right? Well, that
would've been nice to know. I could've gotten a phone call. I didn't
have to be here and I could've told all these supporters hey, not
tonight. But that didn't happen. So, here I am again.
I
City Clerk: One minute.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 30 of 68
Mr. Allen: And I'm just dumbfounded. I'm not the smartest guy in the world '
but I know when I'm being done wrong and I know when things
are morally and ethically in question and I can't help but say with
all due respect to all of you, I don't know any of you, I don't have a
finger to point, okay? I'm not a finger pointer. I'm not a problem
guy, I'm a solution guy. That's what's kept me in business all my
life. And I just can't believe that this is happening to me again just
like this. Please consider everything involved here.
And by the way, with my 24 seconds, you want to know what I did
yesterday? I saved the Milton Arts Society and Foundation
thousands of dollars by hosting Milton's Got Talent. Didn't serve
anything. Children 11 years old to 18 and the surrounding
community. My engineers and my producers produced audio and
video for them to compete for this wonderful thing about music
that's going on and the end of it will be right here on The Green as
I co -host in a week or two. That's what I do with my spare time.
Thank you very much for your time. I appreciate you all very
much.
Mayor Jamison: Thank you. And we will be voting tonight, just for the record.
Tammy, please call the next speaker. I
City Clerk: Mayor, I'd like to invite Laura Bentley to the podium please.
Ms. Bentley: Mayor, Council, I'm Laura Bentley. 2500 Bethany Church Road.
I'm here tonight because I know you all sit up there; you're not
trying to close down businesses and I've sat where you've sat as
well. So I know what you're faced with.
Our planning commission has weighed in on this and for those in
the audience that might not know, the role that our planning
commission has played in the past is some 15 years ago, our
planning commission is the committee and commission that helped
steadfast on sewer lines coming into our city and they've also —
Mayor Jamison was on when we fought off the conservation
subdivision ordinance. So, our planning commission is important
and it's worthy of being regarded. And as the famous Joe Longoria
would say, you are here tonight making sausage. This is not easy
and you're appreciated and I appreciate everyone that's here to
have a comment.
The issue is that nightclubs are not allowed in Milton and when we '
accepted the new alcohol ordinance, there was a 70/30 in there and
we were told that craft cocktails would be — this would better allow
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 31 of 68
' for craft cocktails. We have live music now in our city which
perhaps can be accommodated in some way.
I'm here tonight to encourage you to find the sweet spot, to find the
balance, do something. This is important. 70/30 is not allowed
anywhere else. There's Savannah, there's Atlanta, and there's
Milton. And if you think that this use is going to decline over time,
I think you're not being realistic. So tonight is the night that you
can sit up there and do the hard work of finding a business that can
be sustainable and can also strike the balance that keeps Milton
Milton. Thank you.
Mayor Jamison: Thank you. Please call the next speaker.
City Clerk: Mayor, that concludes public comment.
Mayor Jamison: Okay. So, I'll close public comment and I guess, Steve, are you
done with the presentations or...?
Mr. Krokoff: I am.
' Mayor Jamison: Okay.
Mr. Krokoff: Unless I have to go back to something, I guess I should be fine
where I am.
Mayor Jamison: Okay. Council? Questions for City Manager Krokoff or staff
members?
Mr. Krokoff: The one thing I didn't include Mayor, if I could and one of the
speakers reminded me as they stated it. If you do pass — correct my
wording if I'm wrong at all, Ken — if you do pass the Chapter 4
changes tonight, that does eliminate the moratorium.
Mayor Jamison: That was one of my questions. Okay. So, go with my one question
which is, for example, the brewery we have, they can apply for
Sunday sales whenever y'all are — whenever the moratorium is
lifted, so a few days I guess after I sign it?
Mr. Krokoff- Once the council votes and it's signed, then it should be a matter of
days.
Mayor Jamison: Okay, good. Questions for Steve?
CM Moore: I had a question or two.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page.32 of 68
Mayor Jamison: Shoot. I
CM Moore: Steve, on the assessment that you made for John's Creek, Roswell,
and Alpharetta regarding the barrel limitations, the 10,000 barrels,
were those — can you define for me where those businesses exist?
Are they in a more commercial area? Are they in a... like a retail
environment like Crabapple is? Is there a way to draw a
comparison or is it apples and oranges?
Mr. Krokoff: I did not research the locations of their businesses. I just researched
their code. So I don't know where their breweries, brewpubs, or
distilleries may be located.
CM Moore: Okay. And the only one that I'm aware of is the Jekyll and that is a
more... it's not a retail environment, that's more of a office park
industrial, not industrial, that'd be too strong a statement but a
more commercial area. Okay. And then, with regard to the gallon
consideration for the barrel production. Just remind, I guess all of
us, some of the math that was done at one point, I think by the
planning commission. I think it's 10 gallons of water for every
gallon of beer.
So if it's 3,000 barrels, that's 93,000 gallons or 930,000 gallons of ,
water usage. Just I think it's all about scale and making sure that
we — as we measure what the right gallon production or barrel
production is for Milton that we take into consideration the
environment that we're talking about with this production being in
a more retail family setting, not a commercial setting. So the
smaller barrel amount, at this point, is still the right amount for me.
I think that's it for the moment. Thanks.
Mayor Jamison: Councilmember Moore, I'll kinda clarify, I've been to a few
establishments and the ones in downtown Roswell are in their
downtown — I don't know if they're classified as brewpubs or
breweries and I know there's some in the Woodstock/Canton area
which is in their downtown as well. So, I know what you're talking
about is the original Jekyll location is in an industrial facility, but
then there's the Jekyll downtown which is more of a brewpub.
Mr. Krokoff: I can tell you who I spoke with if that will help at all.
Mayor Jamison: Councilmember Cookerly?
CM Cookerly: Please. '
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 33 of 68
' Mr. Krokoff: I spoke with Braselton Brewing Company in Braselton. Cherry
Street Brewing in Cumming. And they also have a place in
Halcyon. From the Earth Brewing Company in Roswell. Gate City
Brewing Company. I don't have the city on that, I apologize.
Maybe one of y'all —
Mayor Jamison: It's in Roswell.
Mr. Krokoff: Okay, thank you. And Mutation Brewing Company and they're
fairly new.
CM Jacobus: They were all very comfortable with the 3,000?
CM Mohrig: Did they say they went with the 10?
Mr. Krokoff Well, they're all in cities where they're not limited, further limited,
by the state law.
CM Cookerly: They go by the State.
' Mr. Krokoff: But Alpharetta still does have a limitation, I believe, on 3,000
barrels for retail sales on breweries if my memory's correct. But
no, they aren't limited, but very I mean, when you talk about
barrels per year, Braselton was 400. Cherry Street Brewing was
2,000. From the Earth Brewing was 886. Gate City was just under
4,000. And then Mutation, which was open less than a year, they're
guessing around 600-700. That's what I'm getting back from them.
CM Jacobus: There was one that was 4,000?
Mayor Jamison: And that is Gate City. I'm fairly familiar with that operation.
CM Cookerly: You get around.
Mayor Jamison: It's in Downtown Roswell. They've got a good set up there.
CM Cookerly: You're the right age to get around. So, Mr. Krokoff, in your
research — and I saw that you dealt with the square footage, the
state often puts out all kinds of guidelines that are maybe a little
hard to understand so I can appreciate that ratio is probably
meaningless. It all depends on how you build out your property.
On the other hand, the planning commission, we all know our
' planning commission is very astute and so they went to a fair
amount of trouble to come up with a mid -level that to
Councilmember Moore's point doesn't tax the water situation and
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 34 of 68
would probably keep production into something that's reasonable I
that reflects Milton.
But I ask you, because I understand the gentleman in the back
wants that cozy feeling and I'm always seeking that myself, is it —
is there something where we can give discretion to community
development where there could be an increase of like 20 percent or
something before it had to come back to council? Could we put a
measure in there? Because I don't want to be — I'm not in the
business so I don't... I'm not big on a hard fast rule without some
latitude and I think we — it would be incumbent on us to be
respectful of the planning commission, I see a few members here,
because they have done work but maybe there's a little latitude to
go over that, Mr. Counselor?
Mayor Jamison: I also have a question really quickly to follow-up on that as you
were saying. So, with the brewpub it's 50150. So and the brewery,
in and of itself, which is separate, right? The brewery is what
you're going to get for a use permit, right? And the brewpub is the
by right which is going to be 50/50?
Mr. Krokoff: Correct. '
CM Cookerly: I wouldn't want to do anything too grand because again, I don't
know the unintended consequences of it. But I would like for there
to be a mechanism where we can entertain it if you're so inclined.
Mr. Krokoff: Can I give a potential suggestion?
CM Cookerly: Please.
Mr. Krokoff: So, microbreweries and microdistilleries are only going to be
available by use permit and when you get that application, you
know exactly where it's going to be and you can potentially weigh
out the impacts and condition that use permit on the number of
barrels per year based on the location because that sounds like
some of the concerns we're hearing. You could also potentially get
schematics and elevations of what it may look like and the size and
determine whether it's — if you think that's something that's
appropriate for the City of Milton and its location.
We might be able to check off microdistilleries and
microbreweries in that fashion, which leave us with brewpubs, '
which in effect are restaurants that can manufacture beer because
that's the majority of their — from what I understand at least from
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 35 of 68
' the interviews that I had — was the majority of their work is
restaurants. So I think it would come down to whether or not you
want to limit the restaurant below what the state already does
which is 10,000 barrels or a max of 5,000, I believe, at wholesale.
5,000 of those 10,000. It's not 15,000 aggregate.
Mayor Jamison: Councilmember Mohrig?
CM Mohrig: I guess what I'm trying to understand is it sounds like we, from a
planning standpoint, we actually will designate where these can be
when we look at the use permit. Weil look at the size, location, all
those things. It sounds like we're trying to guess — and I'll
deference to the planning commission — we're trying to guess what
the barrel limitation should be whereas our counterparts in other
cities, I'm hearing don't do the limitation. So, I guess I'm... even
what you told us, it sounds like production in this existing business
is not even close to what the state level is.
Mr. Krokoff: When I mentioned state levels, most — everyone I spoke with was
like, whoa, that is a lot. Even if we ramped up production, we're
' never going to hit those levels, at least the ones that I spoke to. I'm
sure there are larger ones. Canton I was trying to get a hold of. I
don't know what they brew, but they're fairly large. So, at least the
ones that I spoke with, and I think a lot of people recognize the
names of the places that I mentioned, they're not coming close to
that 10,000 mark.
CM Mohrig; See, and I guess that's where I'm trying to understand what we're
trying to regulate if we say here's the barrel limit and we're not in
the business, so I'm trying to understand why we would do that if
history tell us today the businesses that are out there aren't even
coming close to what they allow the state level. But they're not
even coming close and from a production standpoint, I think that's
going to be limiting, self-limiting, based upon the location.
So, I don't know if — I guess I'm struggling with why do I need to
put a barrel limit if I've got a state regulation that states and if that's
what the other places are doing, that's kind of where I'm coming up
with because if we control where these businesses are going to go
and the size, we're not going to say, let's make a huge
manufacturing facility. We do have the regulation of how many
barrels by state what you could produce. I don't think they could
' sell the number of barrels from the existing locations with what we
have right now. That's my concern with putting the barrel limit on
there. I don't understand how I would come up with that answer.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
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Mayor Jamison: And I would agree with you because if it's a use permit, then that '
takes care of kind of that, and on the brewpub, you've got to be
50150. So, can you imagine how much food that would have to be
sold really? And if you're 50150, I really don't have an issue. That's
just my two cents.
CM Cookerly: How is there a water issue then?
Mayor Jamison: If you're on septic, I guess, would be the issue.
CM Mohrig:
These wouldn't be on septic, not where they're located.
CM Moore:
They would not be on septic.
CM Mohrig:
They can't be with our location.
CM Moore:
Too much water and too much waste.
Mr. Krokoff:
In the interviews we conducted, some of the brewpubs actually got
reductions from the cities in which they were located because they
were able — your sewer costs are usually associated with usage
costs and they were able to demonstrate that their — because most
'
of their water usage goes into a product instead of down the drain,
they were able to get reduced costs associated with their water
bills. I didn't become an expert in two weeks on brewpubs and
breweries. I can only report back on what I learned in that short
time.
CM Moore: Mr. Mayor, I'm just of wondering if we're talking ourselves into a
circle of frenzy over nothing if we, at this point, we don't have any
existing businesses that are tested on this. We have a new business
that's just recently opened and if I remember correctly, he did not
suggest that he had a problem with the 3,000 barrels. We have
another business that's about to come to town that would like to
have some comfort that there's not a limit on him, but he also
suggested he can live within some of the boundaries that are
already set. And when I' posed the question to him today in
response to his email, he gave me the best answer he could which
was I don't really know yet.
So, we're talking about the ratios of gallons of usage of water, the
waste that comes from that as well, and a state requirement of two
square feet per barrel at 3,000 feet, that suggests a 6,000 square '
foot establishment, which is about appropriate for when you think
about the locations these are likely to go in Milton where sewer is
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 37 of 68
available. So, I think it's a long way for me to get to saying I don't
think that we're imposing any unreasonable restriction if we do
stay with the planning commission's recommendation of 3,000
barrels.
CM Cookerly: I would just add, Councilmember Moore, I don't think it's a state
requirement regarding the square footage. For clarification. I just
think it's guidance.
CM Moore: Okay.
Mr. Krokoff: It's from a website that was provided —
CM Cookerly: Yeah.
Mr. Krokoff: — To me October 5th, 2015, called microbrewery.com, How Big_
Should My Brewery Be?
CM Cookerly: Yeah. It's just random and it's pointless, I think.
CM Moore: It provides at least a benchmark in terms of what a reasonable
amount of square footage would be,
CM Cookerly: Yeah.
CM Moore: especially in a retail environment like Crabapple.
Mayor Jamison: And I know the one coming in is gonna be on sewer and is in our
most dense area. And you know, if you're gonna invest in Milton,
I'd rather — I'd rather not limit him to such an extreme if he's 50150
especially.
CM Jacobus: I'm fine with the planning commission's recommendation of 3,000
with all others, other than the brewpub. I think for the brewpub,
since it is 50150, let him do the 5,000 barrels or 6,000 barrels and
they'd have to drive a lot of food. So, maybe they will have a larger
facility.
CM Cookerly: You're saying a hot dog with every beer?
CM Jacobus: Something like that. To me, why limit somebody that's doing
exactly what we want?
Regular Meeting of the Milton City Council
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Pace 38 of 68
Mr. Krokoff: To be clear on the percentages so for full transparency, there is a '
certain — there are certain things netted out of the 50/50 for
brewpubs and it's the packaged —
Ms. Harvill: It should be the up limits of wholesale.
Mr. Krokoff: The wholesale or the packaged? I'll get that answer for you. One of
those are netted out.
Mayor Jamison: Councilmember Mohrig?
CM Mohrig: Again, I'm struggling with — I understand... I understand wanting
to limit their — I'm trying to understand from a business standpoint,
from a government standpoint if none of our peer cities are having
a problem with this, why we want to do that and in deference to
people and environment? I don't think — we don't even control
water within Milton. We don't get involved in the regulation and
production of how much water is being used. I don't think that
should be part of this discussion. I think the question is, that's a
separate item. That's something they're going to have to pay for it
from a water and from a sewage — I don't think that's part of what
we're discussing here. I think we're really looking at what do we '
think makes sense and I guess I'll ask another question. Let's say
we went with the state limitation and I'm not saying we're going to,
but if we did do that. Does that hurt us in the future if we start to
say, oh you know what? The current businesses are capping out or
coming up to that, can we change that for future businesses? That's
my question. I think we're trying to solve a problem that we don't
have and I'm wondering why we're trying to do this.
Mayor Jamison: Yeah. I'm okay with the state limitations, really. I think it makes it
clean, easy, and I know Gate City and it's a pretty big place. It's in
Downtown Roswell and if they're doing right at 4,000 barrels, I
just...
Mr. Krokoff: I was wrong about — I should have acquiesced to a younger person
than me. It was wholesale that gets netted out.
Ms. Harvill: Oh look, we're both right.
Mr. Krokoff: At least the brewpubs that I spoke with, most of their production is
for retail. So it would get figured into the 50150.
CM Cookerly: I think that the reason for the planning commission's cap is to ,
create an identity for Milton, but it is separate and different than
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 39 of 68
' other neighboring communities in that we do restrict the growth.
I'm not saying people necessarily agree with that, but I think that
was the point of it.
Mr. Krokof - It was. I had the opportunity to speak with some members of the
planning commission since that meeting and there was a method to
it. It was to the two square feet per barrel so if you do the math,
you know, you're talking about a 6,000 square foot building at
3,000 barrels. Which for buildings in Milton, in fact, one of the
planning commission members gave me some guidance on that to
give you an example of some things you see.
The Milton Library is 25,000 sq. ft., a normal Tractor Supply is
20,000 sq. ft., a Trader Joe's is 10-15,000 sq. ft., Firebird Woodfire
Grill is 6,000 sq. ft. So they were thinking if you've ever been to
Firebirds, it's a great example of what they think would be the max
based on the 3,000 barrels.
Mayor Jamison: I think also the issue is the height which was brought up also. You
know, if it goes up and your barrels or whatever you call it. You
' could get to... yeah, containers.
CM Cookerly: So, can we do a cap like 3,000 with some discretion just sort of do
the Milton way and then have some discretion?
Attorney Jarrard: Let me — let me — Councilwoman Cookerly, let me try that one on.
Mayor Jamison: On a 50/50, absolutely.
CM Cookerly: On the 50/50 for sure.
Mayor Jamison: Yeah, well everything else is gonna be on a use permit basis.
CM Cookerly: So what do you propose?
Mayor Jamison: Ken.
Attorney Jarrard: Well, I was just going to say to the extent, you know, again we're
talking about the alcohol code so if we're going to start making
gradients or giving staff discretion, it makes me a little
uncomfortable because really within the regulatory code like that,
there's supposed to be objective criteria, you meet the criteria, you
' get whatever it is, the permit, you have a lot more flexibility with
respect to those sorts of policy -based decisions within your use
permit.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 40 of 68
And so, to the extent that you're looking at a facility and in this '
particular area we need to put a cap on that, you can put that cap on
it within the context of the use permit as a condition and even if
they go get their typical alcohol license, it'll still be subject to that
zoning base cap. That to me is a better sort of synthesis between
those two. But in the pure alcohol code, I just would prefer that the
permit is for the full whatever you all are comfortable with cap, it's
for the full amount of that.
CM Cookerly: Okay.
CM Mohrig: But when we talk — I guess I'm trying to put this back into real
terms. If someone comes forward and they want to do a
microbrewery within Milton. Don't they have to go to planning
commission, there's a building size, there's basically the design —
all that has to be approved as part of the process?
Mr. Krokoff: The first process I see with this task tonight is that they come to
you all for a use permit.
Mayor Jamison: Well, it goes to planning commission first.
Mr. Krokoff: Yeah, sorry. Obviously. It would go through all the processes I
before that as well.
CM Mohrig: And part of that, we would be asking okay, tell us the structure that
you wanna go through. What you want to build? So, I guess that's
where I'm trying to get to. Wouldn't we automatically be looking at
that when we're talking about the whole design and the use permit?
Wouldn't that tell us what's going to be there and potentially what
the capacity is going to be? Because we're going to approve that.
That's going to be individually approved. I just don't know if we're
trying to solve a problem we don't have on restrictions.
Mayor Jamison: But to your point on the microbrewery, 100 percent. On the
brewpub, they won't be going for a use permit, but it's 50/50 so a
restaurant for all intents and purposes. So.
Okay. So, we need a decision point on the barrel limits.
Mr. Krokoff: I'll get back — this is the only point where [inaudible] 101:36:411.
The first decision point we're seeking tonight is on the brewpubs.
I'll just remind you that per state code, you can't produce more than '
10,000 barrels per year total. That includes retail.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 41 of 68
' Mayor Jamison: Really quick, sorry. I don't want to interrupt because when we
make this motion, it's for the entire code and so my question is,
since I think we're not going to have a — I don't know how the
vote's going to go on this specific item, I don't want to give you
direction on every single one just right now. Maybe we can have
discussion on every single one so we when we make the motion,
whoever wants to make the motion, can do it all together. Does
that make sense?
CM Jacbous: Yes.
Mr. Krokoff: We also — we knew this was going to be a little complex tonight,
so we made up some various motions for you all if that could help
as well.
Mayor Jamison: Oh great.
Mr. Krokoff: But however you want me to manage this. Do you want to discuss
this now?
' Mayor Jamison: Yep, go.
CM Mohrig: Yes, tell us the specific decisions we need to make.
Mr. Krokoff: Brewpubs cannot produce more than 10,000 barrels per year
period, of which no more than 5,000 barrels can be sold at
wholesale. The planning commission was recommending not
allowing more than 3,000 barrels total.
Mayor Jamison: All right. Go to the next one?
Ms. Harvill: Mayor, if you could give me some feedback, I was going to take
notes so I could help you build the motion if that's okay?
Mayor Jamison: Well, I think it might be... let's just go to the next one.
Ms. Harvill: All the questions? Okay.
Mr. Krokoff: The next one Mayor and Council are breweries, microbreweries.
And those will, again, be subject to use permits.
Mayor Jamison: Okay.
I
Mr. Krokoff: In theory, again to remind you, microbreweries do not exist in the
state code, there's only breweries. And there is no manufacturing
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 42 of 68
limitation on breweries. You have tremendous breweries around '
the state of Georgia. I think Sweetwater is a great example of one.
But one key here, and I think which is critical to us, they may not
sell more than 6,000 barrels at retail per calendar year. So that
brings that down, if I remember correctly, that is an aggregate of
all of their brewing locations. So if you have multiple brewing
locations, you still can't do more than 6,000 barrels total at retail. It
doesn't limit you to wholesale.
Mayor Jamison: What's the manufacturing limit on that?
Mr. Krokoff: There is no —
Mayor Jamison: No manufacturing limit.
Mr. Krokoff: Not from the state code. You can manufacture —
Mayor Jamison: Okay.
Mr. Krokoff: There is no limit.
CM Cookerly: But you can blow it out on wholesale. '
Mr. Krokoff: You could on wholesale, yes you can.
Mayor Jamison: Okay.
Mr. Krokoff: And what I've seen where there are limitations is a breakup
between microdistilleries and distilleries which is actually our old
code at 15,000. I have yet to speak with anybody that is operating
in a place like Milton that brews 15,000 barrels.
Mayor Jamison: Okay.
Mr. Krokoff: Should I move onto distilleries?
Mayor Jamison: Yep.
Mr. Krokoff: So, like breweries, there — and microbreweries — there is no
definition for microdistilleries in state code. Just distilleries. And
there is no manufacturing limit on distilleries in state code except
that they may not sell more than 750 barrels directly to consumers
at retail. '
Mayor Jamison: Okay.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 43 of 68
Mr. Krokoff: There are other daily limitations but that doesn't affect the decision
today.
Mayor Jamison: Those are the three decision points?
Mr. Krokoff: That's it.
Mayor Jamison: On the entire Chapter 4 when we make the motion?
Mr. Krokoff: This is all I have left.
Mayor Jamison: Okay because everything else, limited food, it's all in there.
Mr. Krokoff: I'll open it up to questions if you still have some, of course.
CM Jacobus: Just to be clear on the limited food, 70/30, by this motion we're
stating that there are no new licenses allowed, but we allow for the
one to be renewed on a yearly basis?
Mr. Krokoff: Just to make sure there are no mistaken communication — it allows
the one existing limited food service restaurant to apply each year,
just like every other alcohol establishment and every alcohol
license in the city.
CM Jacobus: Every alcohol license holder in the city of Milton, 50150 or
whatever, has always, every year, had to reapply.
Mr. Krokoff: Throughout the state of Georgia.
CM Jacobus: Right, right. So — okay.
Mayor Jamison: Okay. Any other questions for staff before one of these
councilmembers tries to make a motion?
CM Moore: If I could just make a comment again. Just a reminder, as we're
talking about some of these things, either having or not having a
limitation, I'd just like to remind our council that if we're trying to
make sure that Milton is somewhere that is unique and special
where we also have not just a retail and wholesale environment, we
also have a residential component to this, and ask that we consider
making sure we keep this a family friendly environment. And that
when we're offering consideration for the number of barrels that
along with that barrel production comes deliveries of raw materials
and we don't want to necessarily overburden our residential
community with heavy industrial deliveries to larger scale
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 44 of 68
production than maybe we think we're asking for. So, I'm going to '
make a strong recommendation that whoever is making the motion
that we adhere to the planning commission limitations of 3,000
barrels.
CM Cookerly: I'm going to ask that we part these out because I don't want to loop
in the 70/30 establishment with the 3,000 barrels.
Mayor Jamison: No, it's all within Chapter 4. So, everything within Chapter — these
are the only three things that need to be addressed. Everything's
already — it's all — it's all together.
Ms. Harvill: I've been working up something to maybe help.
Mayor Jamison: Let's hear it, Bernadette.
Ms. Harvill: If you want to maybe get to your barrel — well, if you get some
barrel feedback, I have a potential motion that would include the
updated versions that were legally approved and whatever you
choose as the barrel limitations, whether they be state law or a
number and I'll try to word that out for you, if that's okay.
Mayor Jamison: Legally approved? '
Ms. Harvill: So, the final legal approved version that's before you —
Mayor Jamison: Okay, got it.
Ms. Harvill: So, I have a whole motion for you, I just need the barrel limitation
discussion.
Mayor Jamison: You just need the numbers.
Mr. Krokoff: And Mayor and Council, if there are other questions you have
outside barrel limitations, please — that's my final slide, I didn't get
to show you.
CM Cookerly: We're just kind of focused on that right now.
Mr. Krokoff: So if you have other questions outside of what I presented tonight
in the whole of Chapter 4, I'm available to answer any questions
there as well.
Mayor Jamison: Okay. Councilmembers, y'all wanna provide any feedback? Jan? '
Regular Meeting of the Milton City Council
Monday, October 17, 2022
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CM Jacobus: I think we go with the 3,000 barrels everywhere but in brewpub
and we just remove the 3,000 barrels and we just go with the state
on brewpubs.
Mayor Jamison: Okay, state on brewpubs and what about the microbrewery on the
use permit?
CM Jacobus: 3,000.
Mayor Jamison: Okay.
CM Cookerly: Would you be negotiable to 5,000 because of Councilmember
Moore makes a very good —
Mayor Jamison: On the brewpub or the microbrewery?
CM Cookerly: No. I know what you're saying the brewpub is 50/50 but it still
applies to 3,000.
Mayor Jamison: In my opinion, that's way too low. That's just my opinion. And I
believe the microbrewery, since it's a use permit, I'm not as terribly
concerned about that.
CM Cookerly: Yeah, but the problem when you have it out there with others, the
use permits tend to be a go along and that's what Councilmember
Moore's talking about. At what point are we just like — I mean, I
don't know why we always look at everybody else and say what
are they doing when we're trying to be ourselves.
Mayor Jamison: Well, I think we are different because most cities don't have use
permits for microbrewery. They just go in —
CM Mohrig: They can get it.
Mayor Jamison: — And they can get it. There's not a public hearing for it. I think we
are kind of being unique in that regard and on the brewpub, since
it's 50/50, I mean... every establishment that we've heard, like I
think to Councilmember Mohrig's point, I don't want to create a
problem that no one else really has. I'm fine with the state limit. I
think I could go as low as 6-7,000 because it's important for a
business owner to be able to adapt when things change.
CM Cookerly: Yeah, I understand that.
Mayor Jamison: And it's especially for the 50/50.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Pace 46 of 66
CM Cookerly: It's important for the city to adapt at different intervals which is
why I brought up —
Mayor Jamison: And I guess to Jan's point, or Councilman Jacobus's point, your
alcohol licenses are renewed every single year.
CM Cookerly: Right.
Mayor Jamison: So, if there is some unheard of issues going on I guess.
CM Cookerly: So, how in the world do we make that motion, Bernadette?
Ms. Harvill: So, are we all saying 6,000 or 7,000 for microbreweries and
microdistilleries and state law for brewpubs? Is that the —
CM Moore: I'm sure not saying 6,000 or 7,000. I think Peyton, with all due
respect, that — we have not heard anybody say that they need that
kind of production with the two existing that we are addressing.
One existing and one coming in. They're not suggesting that they're
anywhere near that and to go to that extent, you're inviting a larger
scale production than I think is keeping within what we — what our
community is expecting us to hold the line to.
Mayor Jamison: The one email I did receive, they were asking for 7,000, I believe.
CM Moore: Not if it's the same email I got.
CM Cookerly: What'd he say? What was your last comment, Paul?
Mayor Jamison: Not the email, he got a different email, I guess.
CM Mohrig: Let me ask this question. We're not even close, it sounds like, with
any of the neighboring businesses. If we, in fact, put a cap on a
couple of these, can we come back at a later time if we see that that
was the wrong business decision —
CM Cookerly: Yeah.
Mayor Jamison: We could always do that.
CM Cookerly: We have — we can do that, which is why I think in a year, we're not
gonna have unintended consequences if we follow the planning
commissions' recommendation and be very open-minded about
what the impact might be.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Pane 47 of 68
' Mayor Jamison: But if you think about it, if a business owner that's probably
already invested money into the City of Milton and the last thing
we wanna do is put him out of business before he opens his door.
CM Cookerly: Yeah okay.
Mayor Jamison: I warm be cognizant of —
CM Cookerly: Are you negotiable to 4,000?
Mayor Jamison: Well, based on what Gate City's at, which is a pretty large
production, I think 5,000 would give that business owner plenty of
years to grow into a space. And then if he's very successful and
things are going great, he can come back for us and we can —
CM Verhoff: Steve, the Gate City location, that was what, a 10,000 square foot
facility?
Mr. Krokoff: I'm sorry Councilmember, Gate City?
1 CM Verhoff: Gate City,
Mr. Krokoff: Gate City is 13,000 square feet.
CM Verhoff: So, in Milton —
CM Cookerly: Yeah, but historically, people haven't wanted that. You know, in
terms of big production things.
Mayor Jamison: And they're not 50150, they're just a brewery. They're not 50150.
Mr. Krokoff: They are a taproom, that's correct.
CM Cookerly: Right.
CM Moore: They're also not in a downtown Crabapple environment.
CM Mohrig: But again, I guess that's —
Mayor Jamison: I — yep.
CM Mohrig: I guess that's where I come back. One of these is going to be by
' special use permit. We're going to look at the site. That's got to be
approved as part of that. How big is the facility, where is it going
to be located? It can only be in our commercial district. I guess —
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 48 of 68
Mayor Jamison: You know, Councilmember Moore, going back to your original '
point, this isn't the first time that multiple cities have already gone
through this and they've had multiple places and I'm perfectly fine
keeping it at the state level.
CM Mohrig: I guess where I'm open to —
Mayor Jamison: Please no applause.
CM Mohrig: we're making — we're trying to make a decision that we really don't
know what the consequences are. That's a concem. I also
understand being a little bit conservative if you're putting limits in
there, you're being conservative. The question is, if that's the
wrong decision, if you put restrictions on the front end, I would
want the council to be willing to actually make changes down the
road because again, we're guessing. This is a guess.
We've heard some statistics. I think we're gonna be controlled as
far as how big a manufacturing facility we're going to allow and
where's that going to be in our business district? It's gotta be on
sewer, it's gonna be sewer and I think we're gonna be pretty tight
on what we allow for a commercial business. We've done that. But '
again, if we go with a limit, if we go with a limit tonight, then I'd
like to make sure that we are open to revisiting that if someone
comes in and we see that hey, there could be a little bit more
production [inaudible] [crosstalk] [01:50:18]
CM Cookerly: [crosstalk] We've been assured of that.
CM Jacobus: Can I make a motion?
Mayor Jamison: Let's go for it. Or, I guess, tell Bernadette what those three
limitations are.
CM Jacobus: I want to make a motion that we approve Agenda Item 22-317, as
presented with microbreweries and microdistilleries having a 3,000
barrel cap and a brewpub having a 5,000 barrel cap.
CM Moore: Second.
Ms. Harvill: Can we just be clear that it's the legal approved updated versions of
Exhibit A and B?
CM Jacobus: Yes. '
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 49 of 68
CM Cookerly: Okay. So — let's clarify a point.
Mayor Jamison: And we also need to do the distilleries and the — and the
distilleries.
CM Moore: He did.
Ms. Harvill: He did the 3,000.
CM Mohrig: The term — I think we've got three items that I'm seeing that are
open. Microdistillery, microbrewery, and brewpub. Those are the
three that we've got to determine.
CM Jacobus: That's what I — the motion was 3,000 for the microbrewery, 3,000
for the microdistillery, 5,000 for the brewpub. That was the
motion.
CM Moore: And there's a second.
Mayor Jamison: Okay. We'll get to discussion in a second. Bernadette, does that get
' you what you need?
Ms. Harvill: Absolutely.
Mayor Jamison: Okay. I've got a motion from Councilmember Jacobus and second
from Councilmember Moore. Do I need to repeat it? Are we good?
Okay. Discussion?
CM Moore: I just want to make sure from the 70/30, the language that is in
there, we are not revoking anybody's existing license.
CM Jacobus: Correct.
CM Moore: We have a limit as we've got one of those establishments that we
have approved. It's up to the business itself to actually meet the
terms of the license subject to renewal every year.
CM Jacobus: Just like every other alcohol license.
CM Moore: Right. We're not doing the limitation, we're not — I think the word
grandfathering was never used. It's basically renewal every year.
We're not eliminating the 70/30 for this one establishment. It's just
' up to them to meet the terms of the license and whatever codes that
we have in the city that they have to operate their business.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 50 of 68
CM Cookerly: Yep, let's vote. I
Mayor Jamison: I believe a microbrewery is going to be a little bit too small for me
to go with the motion because it is a use permit. I would be okay
with a little bit larger than that. I'd be okay with a little larger of
the brewpub but I definitely respect Councilmember Jacobus's
motion. Any other discussion? Okay. All in favor, please say aye.
CM Moore,
CM Cookerly,
CM Jacobus,
and CM Mohrig: Aye.
Mayor Jamison: All opposed?
Mayor Jamison,
CM Verhoff, and
CM Johnson: Nay.
Motion and Vote: Councilmember Jacobus moved to approve Agenda Item No.
22-317 with microbreweries and microdistilleries having a 3,000 barrel cap and
brewpubs having a 5,000 barrel cap with the Legal approved and updated '
Exhibits A and B. Councilmember Moore seconded the motion. The motion
passed (4-3). Mayor Jamison, Councilmember Verhoff, and Councilmember
Johnson opposed the motion. (Councilmember Moore attended the meeting
via Zoom.)
ZONING AGENDA
Mayor Jamison: Who said no? It passes four to three. All right. Thank you. All
right, that puts that Chapter 4 to bed. Thank you to planning
commissions, citizens and staff for all of your hard work. All right,
so we will move onto zoning agenda. Will the City Clerk please
first read the zoning rules for the first item.
City Clerk: Mayor and City Council consider the zoning agenda, these items
include zoning petitions, modifications of zoning, use permits, and
associated concurrent variances in addition to ordinances,
resolutions, and text amendments. I would like you to acquaint you
with some of the rules and procedures for this meeting, which
includes a zoning agenda.
Mayor Jamison: You want to pause for a second, that'd be okay. Yeah, just pause. I
Are we good? All right. Let's go, Tammy.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 51 of 68
' City Clerk: Mayor and City Council consider the zoning agenda, these items
include zoning petitions, modifications of zoning, use permits, and
associated concurrent variances in addition to ordinances,
resolutions, and text amendments. I would like you 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. 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 allotted time. Those
called to speak will be taken in order that 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 resulting agenda items and
the recommendations have been forwarded to the Mayor and City
Council for consideration disposition. The applicant shall not
submit material to the City Council during this meeting unless
requested to do so. All material that you wish to have reviewed by
the Council in consideration of your application should have
already been submitted to the Community Development
department and is included in the normal of distribution of
packages to the council.
When an opponent of a resulting action has been made within two
years, immediately proceeding the filing of the rezoning action
being opposed, campaign contributions aggregating $250.00 or
more to a local government official of the local government which
will consider the application. It shall be the duty of the opponent to
file a disclosure with the governing authority of the respective
local government at least five days prior to the planning
commission meeting.
A violation of relevant state statute constitutes a misdemeanor,
therefore if you have contributed to $250.00 or more to a
councilmember and you have not filed a disclosure prior to the
I
planning commission meeting, the City Attorney strongly suggests
you have someone else speak for your point of view. Our first
zoning item this evening, Mayor, is consideration of RZ22-03 Text
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Pace 52 of 68
Amendment to Chapter 64 as it relates to alcohol. It is agenda item I
number 22-316. Robyn MacDonald.
Ms. MacDonald: Good evening, Mayor and City Council. Tonight, I'm here to give
you the final presentation regarding RZ22-03, a text amendment to
Chapter 64 zoning related to alcohol. Tonight it is our goal for
council to adopt a comprehensive set of rules and regulations
within the zoning ordinance for alcohol -related uses that are
consistent with the alcoholic beverages ordinance, Chapter 4,
which our City Manager previously discussed with you tonight and
you made your vote.
Please note that this text amendment before you includes
definitions, applicable zoning districts, use permits both within
Crabapple and Deerfield form -based code, as well as uses
prohibited in all zoning districts. I have previously reviewed these
items but will be happy to answer any questions regarding any of
those topics if needed.
Within the context of definitions, I would like to clarify that the
definitions of farm winery and tasting room were previously
adopted by this body on December 20th, 2021, along with the '
related use permit for farm winery and the rural Milton Overlay
District use table. Those two definitions appear as a red line in the
document before you tonight based on the fact that the ordinances
related to farm wineries approved in December have not been
codified within Municode. The definition of tasting room is the
same as what was approved in December.
The definition of farm winery before you is the same with one
exception that was approved in December but with an addition to
the verbiage that makes it consistent with Chapter 4 and is exactly
what we would like to see. So, with that said, tonight's objectives
are 1) To review what you have recommended, based on input
provided to city staff through October 10th this year and 2) To
determine the following outstanding items, which include the
number barrels for manufacturing for microbrewery and
microdistillery, and of brewpubs should be permitted for mixed use
and/or C1 zoning districts.
I've given you a handout that includes a chart with what you have
recommended thus far and zoning maps behind that for your
review if you have any questions. I won't go through each use in '
the table, but please feel free if you have any questions or
comments. I believe we have made this consistent with what is
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 53 of 68
within the packet that you have except for when we get to the
barrels. I'll go over what's changed in that area.
But as far as the use permits and where they're permitted, that's all
in that table with exception to the brewpub, we'll need to find out
whether you want to allow it in Cl and MIX which is the
unsewered area of Milton. But before we get to that, do you all
have any questions about the chart or issues? I'll get to it, sorry.
The script things.
Ms. Harvill: And just to clarify again, in the motion we'll just need a decision
on brewpubs on MIX and Cl.
Mayor Jamison: Okay.
CM Jacobus: In MIX and C1, it's where there's a limited sewer system. Isn't that
— from my perspective, I think it really should not be permitted. A
brewpub in those two areas, MIX and Cl.
Mayor Jamison: I don't... I don't have a huge preference on it one way or the other.
I
CM Jacobus: I don't care that it'll be there, it's from a standpoint of pressure on
the system. I don't think it's —
CM Moore: I think in the case of Birmingham, you only have either septic or
the package plant that I believe, when we just recently approved
the neighborhood development there, took the package capacity up
to significantly higher because of the density of the homes on that
southwest corner. So, I think that we'd be making a mistake to add
the — when we talked about the water usage and the waste a few
minutes ago in the other sections to suggest especially in the
Birmingham Crossroads, where the MIX and Cl, I believe, exist,
that would be a mistake to allow them there.
Mayor Jamison: Yeah, I'm looking too and a lot of these are in residential areas too
and these are old zoning. That's fine. I don't have an issue with
that.
CM Mohrig: I would agree with that too. I don't think it's appropriate to go in, to
allow it in these areas. Not for this usage.
CM Jacobus: And all the other ones are the ones we changed on the 10th. They
' all look like —
Ms. MacDonald: Correct, either the 1 Oth or the previous meeting. Yes.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 54 of 68
Mayor Jamison: Okay. I
CM Jacobus: Mr. Mayor, I make a motion that we approve —
Mayor Jamison: I think we're still
Ms. MacDonald: I'm not quite done with this. I just want to go through a couple
more questions
Mayor Jamison: I like it. I like where you're going.
Ms. MacDonald: We're just as excited too. Okay. So, from what I'm hearing, the
consensus appears to be not to allow brewpubs in MIX and Cl?
Multiple: Correct.
Ms. MacDonald: With that said, I just want to show you, we reviewed it but if you
have any questions about the use permits for the retail package
distilled spirits store. Again, I want to point out that we've
proposed a development — I'm sorry. A development requirement
that no other two retail package distilled spirit stores may be
located closer than 2,640 feet from another distilled spirits retailer I
or store.
So, that's basically a quarter mile. So even if you want to come in
for a use permit, if you are closer, you'd have to ask for a
concurrent variance so that we would highly discourage that just
because we're trying to keep them as far apart as possible. So that's
what this use permit looks like and again, it has a lot of exclusions
of what types of items can be sold and different amusement
machines are prohibited as well.
Microbrewery and microdistillery, we would add the maximum
barrel would be 3,000 feet. This is not in this version but we can
add that and that would be part of your motion.
CM Cookerly: What do you mean 3,000 feet?
CM Moore: 3,000 barrels.
CM Cookerly: 3,000 barrels, yeah okay.
Ms. MacDonald: 3,000 barrels. Yeah. 3,000. So, we will — in your motion, if you ask '
to add it into the use permit, 64-1849. And then the craft malt
beverage and/or wine market, again very similar requirements for
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 55 of 68
' what can't be sold and no outdoor amplified music, etc. So, y'all
have any questions about any of those use permits?
CM Cookerly: I don't, thank you.
Ms. MacDonald: Great.
Ms. Harvill: Mayor, we were just looking for in the motion to adopt the same
definitions.
Mayor Jamison: Okay. Are you ready?
Ms. Harvill: If you're okay with this. The things that we were recommending
were adopting the same definitions as Chapter 4 regarding the
brewpub, microdistillery, microbrewery to make those identical.
And then adding the barrel limitation of 3,000 to the use permit for
microbreweries and microdistilleries. And then the decision to not
permit brewpubs in MIX and Cl.
Mayor Jamison: Okay. Before we go that, I think we have a public comment? So,
' please call the —
City Clerk: Mayor, I don't have any public comment on this item.
Mayor Jamison: Okay.
Ms. MacDonald: So, excuse me. Bernadette, did you — I couldn't hear very well. Did
you include the definition changes? Okay. Just want to make sure.
Mayor Jamison: You did? Okay. If Council's okay, please call the first speaker?
City Clerk: No, there's none.
Mayor Jamison: There's not? Oh okay. We'll close public comment. There we go.
All right.
CM Cookerly: So, I'm happy to make that motion but I can't remember it all.
CM Jacobus: "As presented by Bernadette."
Ms. Harvill: To not permit brewpubs in MIX and C 1, to adopt the additions —
CM Cookerly: Whoa.
Mayor Jamison: Whoa now.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 56 of 68
CM Cookerly: Okay. I
Ms. Harvill: To adopt the definitions for brewpub, microbrewery, and
microdistillery the same as Chapter 4. And the inclusion of 3,000
barrels limitation in the use permit conditions for microbrewery
and microdistillery.
Mayor Jamison: Is the brewpub barrel already in?
Ms. Harvill: That would be in your definition if you adopt the definitions
because there's no separate use permit for that.
Mr. Krokoff- Bernadette? I'm sorry, does anything need to be done with the
definition of tasting room?
Ms. Harvill: No. Robyn already explained that it's the same as they already
adopted, it just appears as a red line because it wasn't codified.
CM Mohrig: So we're not removing anything.
Ms. Harvill: No, sir. You already approved the definition as it appears. Since it
wasn't codified, it came over again as a red line. So it's not a '
change to anything in this version that's already been approved by
council back in December 2021. The change to farm winery just
adds the distinction that we're also having to be with state law in
Chapter 4.
CM Mohrig: So, the 50ft. set back and the 2,500 sq. ft., all that is in the
definition even though it was red lined.
Ms. Harvill: No, let me clarify. That only applies to the one farm winery —
CM Mohrig: Right.
Ms. Harvill: — That is not under use permit in Chapter 4. So, those distance and
size limitations exist in Chapter 4. They don't exist in 64 because
that will all be conditioned in the use permits moving forward for
any new —
CM Mohrig: So that's where we would address it. For any new wineries, it
would be in the use permit.
Ms. Harvill: That's correct. '
CM Mohrig: Okay, got it.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 57 of 68
' Mayor Jamison: Are we good? Do you want to make a motion now?
CM Cookerly: Sure. I don't think my shorthand is what it used to be.
All right, Mr. Mayor, I make a motion that we adopt Agenda Item
No. 22-316 with not permitting brewpubs in MIX and Cl, adopting
the definitions in Chapter 4 regarding brewpubs, microbreweries,
and microdistilleries, and — what?
Ms. Harvill: The inclusion of the 3,000 barrel limitation —
CM Cookerly: Wait, I hadn't gotten there yet. He raised his —
Mayor Jamison: I was — I was waiting. That's it. That's it.
CM Cookerly: Don't raise the flag until I'm done. And adopting the 3,000 barrel
limitation for microbreweries and microdistilleries and 5,000 for
brewpubs in the use permit. That was 90 percent.
Mayor Jamison: Okay. Got a motion from Cookerly. Second from Councilmember
Jacobus. Do I need to repeat the motion? Okay, thank you. I'll just
say I disagree on the barrel limitations so I'll just— can't ask for full
support on that but I appreciate the motion.
CM Cookerly: Thank you.
Mayor Jamison: All right. Any other council discussion? All in favor, please say
aye.
CM Verhoff,
CM Moore,
CM Cookerly,
CM Jacobus, and
CM Mohrig: Aye.
Mayor Jamison: All opposed?
[Mayor Jamison and Councilmember Johnson raised hands.]
Motion and Vote: Councilmember Cookerly moved to approve Agenda Item
No. 22-316 with not permitting brewpubs in MIX and C1; adopting the definitions
in Chapter 4 regarding brewpubs, microbreweries, and microdistilleries; and
' adopting of the 3,000 barrel limitation for microbreweries and microdistilleries
and 5,000 barrel limitation for brewpubs in the Use Permit. Councilmember
Jacobus seconded the motion. The motion passed (5-2). Mayor Jamison and
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 58 of 68
Councilmember Johnson opposed the motion. (Councilmember Moore I
attended the meeting via Zoom.)
Mayor Jamison: Two? We need those electronic voting. Okay. 5-2. Thank you.
Awesome. So that's done. We're done with alcohol.
Mr. Krokoff: Thank you very much.
CM Cookerly: I need a drink. I just need a Coke.
Mayor Jamison: So, thank you for all the hard work over the — I'm not gonna say
months, I'll say years. I know Steve took this under his wing and
we appreciate it. Thanks Bernadette, the planning commission —
CM Cookerly: Huge thanks for the community input from all of you. It's been
very, very helpful. Very helpful.
NEW BUSINESS
Mayor Jamison: Yes. Okay. Tammy, are we under new business now? '
City Clerk: We are, Mayor. I'm just finishing —
Mayor Jamison: Whenever you're ready.
City Clerk: That first item is consideration of the issuance of an Alcohol
Beverage License to J and J Food Double Plus, LLC. It is doing
business as Sushi Nami, 5316 Windward Parkway, Suite B in
Milton. It's Agenda Item No. 22-328. Miss Karen Ellis.
Ms. Ellis: Mayor and Council, this was presented earlier this evening, so if
you have any additional questions I'll be glad to answer them.
Mayor Jamison: Do we have any public comment?
City Clerk: We do not, sir.
Mayor Jamison: Okay. Close public comment. Any questions? Okay. Hear a
motion?
CM Jacobus: Mr. Mayor, I'd like to make a motion that we approve Agenda Item '
No. 22-328.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 59 of 68
CM Verhoff: Second.
Mayor Jamison: Okay. I have a motion from Councilmember Jacobus and second
from Councilmember Verhoff to approve Agenda Item No. 22-
328. All in favor, please say aye.
All:
Aye.
Motion and Vote: Councilmember Jacobus moved to approve Agenda Item No.
22-328. Councilmember Verhoff seconded the motion. The motion passed (7-0).
(Councilmember Moore attended the meeting via Zoom.)
Mayor Jamison: Any opposed? That's unanimous. Will the City Clerk please call
the next item.
City Clerk: Mayor, the next item is consideration of a resolution of the City of
Milton for an amendment to the ARPA Georgia Fund I State
Investment Pool Account to update authorized signers and the
contact information. It is Agenda Item No. 22-329. Stacey Inglis.
Ms. Inglis: Evening, Mayor and Council. If you'll allow me the next three
items are somewhat related and I'm just going to do one
presentation for all three. This is just housekeeping that we have
for our Georgia Fund I accounts. Georgia Fund I is a state
investment pool that we park our idle funds so that they can earn
higher interest rates and we have three separate accounts with
Georgia Fund I.
One is for general monies, one is for ARPA funds, and one is for
TSPLOST funds. All we're doing is updating the signers to add
Karen Ellis to the authorized signers and to update the contact
information because we have now a new domain to our email
address miltonga.gov. So, they require us to do it via resolution for
each account that we have, so that's all we're doing tonight.
Attorney Jarrard: Mayor, as a point of order, if the Clerk would like to read all three
B, C, and D, one motion would be in order.
Mayor Jamison: Okay. Good.
City Clerk: Mayor, Item B is consideration of a resolution of the City of
Milton for an amendment to the ARPA Georgia Fund 1 State
Investment Pool Account to update the authorized signers and the
contact information. Item C is consideration of a resolution of the
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 60 of 68
City of Milton for an Amendment to the General Georgia Fund 1
State Investment Pool Account to update the authorized signers
and the contact information.
Ms. Inglis: One more. D.
CM Cookerly: We're gonna do all three.
CM Verhoff: You did B twice.
City Clerk: Thank you. Consideration of a resolution of the City of Milton for
an Amendment'to the TSPLOST Georgia Fund 1 State Investment
Pool Account to update the authorized signers and the contact
information.
Mayor Jamison: Thank you. Any public comment?
City Clerk: No, sir.
Mayor Jamison: Okay, I'll close public comment and I'll open it for a motion and
just do all three agenda items.
CM Cookerly: Mr. Mayor, I make a motion to approve Agenda Item No. 22-329,
Agenda Item No. 22-330, and Agenda Item No. 22-331.
CM Mohrig: Second.
Mayor Jamison: Okay. I have a motion from Councilmember Cookerly and a
second from Councilmember Mohrig to approve the Agenda Item
No. 22-329, Agenda Item No. 22-330, Agenda Item No. 22-331.
All in favor, please say aye.
All: Aye.
Mayor Jamison: Any opposed? Okay. I don't know if we lost Paul or not.
Motion and Vote: Councilmember Cookerly moved to approve Agenda Item
No. 22-329, Agenda Item No. 22-330, and Agenda Item No. 22-331.
Councilmember Mohrig seconded the motion. The motion passed (7-0).
(Councilmember Moore attended the meeting via Zoom.)
Ms. Inglis:
No, he said aye.
Mayor Jamison: He did?
11
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 61 of 68
I
CM Moore: I did.
Mayor Jamison: Okay. Mohrig was second. Okay. So, will the City Clerk please
sound the next item.
City Clerk: That next item is the Council decision regarding the ethics panel's
recommendation in the matter Palazzo V. Moore, City Code 2-
892(b) and (c). It is Agenda Item No. 22-332. Our City Attorney,
Mr. Ken Jarrard.
Attorney Jarrard: Mr. Mayor, members of the Council, thank you. I will take this one
and obviously, Councilmember Moore stands automatically
recused due to the subject matter. Mr. Mayor and members of the
council, this is disciplinary section with respects to the Palazzo
versus Moore ethics complaint. On August 30th of this year, the
ethics panel issued its findings, finding that there was, in fact,
some ethics infractions with respect to Councilmember Moore.
I will also submit to you that Mr. Palazzo's attorney circulated a
letter that I think may be at the councilmembers' stations this
' evening. However, for this evening, Mr. Mayor, it is time for the
City Council to determine what, if any, discipline to impose based
upon the ethics panel's recommendations. I don't think I need to go
over, I know this council is very familiar with what those findings
were and Mr. Mayor, I will defer to you at this point for a motion.
Mayor Jamison: Thank you. Any public comment?
City Clerk: We do, Mayor. We have three.
Mayor Jamison: All right.
City Clerk: I'd like to invite Miss Mary Cronk to the podium please.
Ms. Cronk: Good evening, Mayor and Council. My name is Mary Cronk and I
live at 600 Hickory Mill Lane and I'm here tonight in support of
Councilmember Moore. The circumstances under which the ethics
charges rose are certainly questionable. According to an article
written by Ms. Cruise in the June 13th, 2022, edition of the Milton
Herald, Mr. Moore's attorney stated in his response to the ethics
charges that the HOA requested to meet with Moore along with
other city officials last year to discuss the matter. Mr. Moore's
' lawyer followed up with, "It seems the complainant has no
problem involving Moore in this matter when the complainant
thinks it will support his end game."
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 62 of 68
What is not questionable however is Paul Moore's dedication to '
our city. Did you know in 2003, he was a member of the steering
committee that helped develop the 2004 Birmingham Crossroads
Plan so that almost 20 years later, we can still enjoy our city's rural
beauty? And he spent 14 years as either the Vice Chair or Chair of
the planning commission.
In addition to his three years on council, he provided invaluable
leadership and insight as an ex officio member of the 2040
Comprehensive Planning Committee and during the last nine and a
half months of his current term on council, he's served as Mayor
Pertemps. Mr. Moore is certainly a dedicated civil leader and a
tireless advocate for the citizens of Milton. During his time as a
civic leader, Mr. Moore has consistently asked questions in an
effort to fully understand issues so that the best decisions can be
made for the citizens of Milton.
The vote for deferral on May 2nd in which four other
councilmembers agreed that additional information was needed to
make a good decision is indicative of Mr. Moore's need to
understand the issues before making a decision. How can asking
for additional time and information in which to make the best '
decision for Milton be considered a violation of ethics? I urge you,
Council and Mayor, to consider all aspects of this issue, along with
Mr. Moore's years of dedicated service to our city and refuse to
censure or discipline him. Thank you very much for your time.
Mayor Jamison: Thank you. Please call our next speaker.
City Clerk: Mayor, I'd like to invite Mr. Curtis Mills to the podium please.
Mr. Mills: Good evening. I'm Curtis Mills, I live at 16355 Birmingham
Highway in Milton. I have some observations having attended the
ethics panel hearings that I wanted to make but first, briefly, some
background. I met Paul Moore in the year 2000 after a Fulton
County zoning meeting where he went to speak against an
inappropriate landscape company zoning variance request that was
right down the street from where I live and a couple of you all
know where I live, it's north of Birmingham Crossroads.
But that's nowhere near where Paul lives. He was just there trying
to fight on behalf of Milton. And that started knowing Paul for 22
years. We later were on the planning commission together for the ,
first three years of the City of Milton and then I rolled off. So I
have quite a bit of observation on Paul and I don't know of a more
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 63 of 68
' honorable person and I don't know of anyone that's worked harder
and more diligently on Milton's behalf. And as a fairly uninvolved
citizen, that's why I think we elected him.
But I attended the ethics panel hearing meetings and I think that if
you all had attended, and I understand there may have been a
conflict, you would have been disturbed by it. I didn't think the
outcome was logical. It was certainly not super impressive. One
guy showed up late, 20 minutes, didn't apologize or anything.
It was ragtag but I respectfully urge you to please completely set
aside any sort of findings or ethics violation of some technical
ground. Even they said that they did not believe Paul Moore
believed that he was in conflict in any way. He asked the City
Manager in advance, belt and suspenders, do you think I have a
conflict? And was told no. I think that's a reasonable bar of
acceptability there. Thank you very much.
Mayor Jamison: Thank you.
' City Clerk: Mayor, I'd like to invite Miss Laura Bentley to the podium please.
Ms. Bentley: Laura Bentley, 2500 Bethany Church Road. I won't belabor this.
I've already made comments previously. The ethics panel process
is one that you need more insight into to make an informed
decision. You need a transcript or a video or something. The full
picture is not just the findings. What you probably don't know is
that Councilmember Moore was found to have had the appearance
of impropriety based on a statement that he never made.
Additionally, case law that supported a complete dismissal was
ignored. The process is flawed and you can't possibly make a
judgment with this type of misinformation. Enough — my point has
been made. It's just really important that this council re-evaluate
this ethics ordinance. There is an ethics hearing going on in
Alpharetta where they have a different model that would be, I
think, more suitable to getting a more fair read out. So, I encourage
you to pay attention to what's going on in Alpharetta and also the
majority of this council take the initiative to re-evaluate our ethics
ordinances. Thank you.
Mayor Jamison: Thank you.
' City Clerk: That concludes public comment, sir.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 64 of 68
Mayor Jamison: Okay. So, I will close public comment and I will make a statement '
and have my motion. So, the matter before the council this evening
is a penalty to be imposed in the manner of Palazzo v. Moore. On
August 30th, a panel of three attorneys ruled that Councilmember
Moore violated the ethics code by participating in a council
discussion on May 2nd involving a caution agreement over
installation over traffic calming signs in the White Columns
neighborhood.
The complaining party raised seven different ethics charges against
Councilmember Moore with the panel ultimately concluding that
Councilmember Moore violated three provisions. Per the city's
ethics code, the Council is not empowered to disturb or change the
panel's findings on violations of the code. Our only authority is to
determine what, if any, penalty should be imposed and with the
utmost respect to the panel, I believe Councilmember Moore has
been sufficiently sanctioned and with all the above said, I move
that council take no further action with respect to Councilmember
Moore and that we consider the matter concluded. That is my
motion and I will ask for a second.
Multiple: Second. '
Mayor Jamison: Okay. I have a motion from myself. Second from... Jacobus.
Councilmember Jacobus. Any discussion? Hearing none, all in
favor say aye.
All: Aye.
Motion and Vote: Mayor Jamison moved that Council take no further action with
respect to Councilmember Moore and that the matter be considered
concluded. Councilmember Jacobus seconded the motion. The motion passed
(6-0). (Councilmember Moore was automatically recused from this item.)
(Councilmember Moore attended the meeting via Zoom.)
MAYOR AND COUNCIL REPORTS
Mayor Jamison: Any opposed? That's unanimous. Thank you.
CM Cookerly: Thank you, speakers.
Mayor Jamison: Okay. If we will move onto council reports. Only thing I have is I
attended a press conference today in Downtown Atlanta with the '
Mayor of Atlanta regarding Lost. Still in negotiations but I think
Regular Meeting of the Milton City Council
Monday, October 17, 2022
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' we're moving in the right direction now, so we'll see how the
pressure is. Anything else? Okay. We'll move onto Greg.
STAFF REPORTS
Communications
Mr. Botelho: Okay. Mine will be super fun, guaranteed. There was supposed to
be about... a bunch of other staff reports, but as you, as I said
before, there was a lot of stuff I will be overlapping and telling you
about a lot of different things from basically every department. But
as you know, [inaudible] 102:24:061 My staff has been — we've
been understaffed, we is a collective thing but I would say we've
been busier than ever. We have 2-4 events or then some every
week. We have 2-3 initiatives every week and that's because this
city is growing.
There's a lot of stuff happening. You've been to the ribbon cuttings.
There are two things in Birmingham Park and the library last
' weekend. There are things happening... just people rolling full
steam and I'm — I'm part involved in trying to help pull that
together that exciting things are happening. So I'll just start with
some highlights, things that are more unique and forgive me this
was prepared about a month ago but it's still true about the
marketing in Milton.
I think we've had very good exposure in The Chronicle of the
Horse, which has one of the premiere publications for the horse
loving community around the world and I think that it's been great
exposure and we'll see about continuing that, but we're hoping
going to have a reach to 400,000 Facebook followers as well. The
Mayor and the city was featured on a realtor-geared show called
American Dream which we appreciate that. We have Milton ads
from some of our realtor partners in publications like The Atlantan,
Architectural Digest, and Interiors magazine.
And also even our local publications like Our Milton Neighbor
profile sorts of things. And the point of this is not to — this is a
point of pride — I mean the equestrian link is obviously something
we want to stress and kind of grow and nurture, but also there's a
sense of pride that Milton is the best place to be.
' I mentioned a little bit about the community events, there's way too
many to include here but there's been a lot. Some of them are
Regular Meeting of the Milton City Council
Monday, October 17, 2022
Page 66 of 66
informationals say about what they're proposing on Crabapple '
Road in that dentistry building to LOST town halls to... we've had
Rivers Alive, we've had all these different things.
Ribbon cuttings, we're having a bunch of ribbon cuttings, three in
the next few weeks for our different park facilities and holiday
events around the corner. So there's a lot happening in Milton and
our city staff, a lot of times its partnerships in that and my job is to
help the public knows it the best we can. So we are kind of running
on full steam ahead. Again too, is one of the things we try to do is
that it's not just about road closure or things like that. We try to
send the stories of our community. So these stories are not getting
out there except for rumor mills or things but I think it's important
this Milton brand is a place that people care about each other.
A place where people understand what's happening is not just, you
know, what passes at a city council meeting but it's beyond that. So
things about we had a former firefighter who had passed away who
was beloved here, we got that story up. Several weeks ago we had
a ten year old who was getting treatment for a bone marrow
transplant. We had one of the OBD's favorite riders was a Special
Olympics champion. Things like that that, so things about Milton '
Historical Society, Cambridge High School, thing like that, that we
want to also just tell people, they can come to Milton social media
and things like that to find out what's happening in their
community, not just their government. And I think there's a need
just generally and a lack of some other outlets.
Here just some of the other happenings. I'm not going to go
through these things but everything from a hawk getting stuck in a
batting cage to a donations for 9/11 memorabilia to new openings
of parks to Boy Scouts. It seems like now we're paving everything.
Just be prepared for trucks out there. So there's a lot of every
department's rolling on full steam. One of the things too, this is my
staff or I've been involved in celebrating our city employees. It's
not just about external communications, its also internal and
building pride within the city workforce. So we had a family fun
day with the Milton City Park and Preserve which we really
celebrated employees and some of our core values.
We singled out a handful of people but really it's about celebrating
everyone and being a part of something. And this is a very unique
publication called Municipal Magazine that covers city '
government around the country and they — in an issue in the next
few weeks they're going to have a story with pictures of this event.
Regular Meeting of the Milton City Council
Monday, October 17, 2022
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This is something that other cities aren't doing this. It's just a
different way, especially with public nominations and the city
employees, and we want to celebrate new city employees also. We
want to welcome them and celebrate milestones for existing ones.
I'm not gonna go through all this stuff but there is a lot going on.
So these are just a few of the many government projects. One of
the things I wanna just mention you'll see every department is here
so I'm working every day with every department everything from
homestead exemption info to what's happening with the park
naming, I think we have about 150-160 name suggestions, most of
them are similar, but still. To different brochures to quarterly fire
and police report statistics which is something we rolled out. New
web pages on PTVs, we have things on the Unified Development
Code coming out very soon, ribbon cuttings, budget books. Whole
bunch of stuff that really is part of what we are doing and one of
our jobs is we want to have this stuff happen in a vacuum so we try
to share it with the public which is keeping us busy but I think it's
important and we're trying our best to kinda keep up. So that's my
end.
EXECUTIVE SESSION
Mayor Jamison: Lotta stuff going on, Greg.
CM Jacobus: Thank you very much.
Mayor Jamison: Any questions? No? Good. All right. Motion to adjourn to
executive session to discuss land acquisition personnel or potential
litigation?
CM Mohrig: So moved. I was ready.
Mayor Jamison: All right. Got a motion from Councilmember Mohrig. Second?
Johnson. All in favor say aye.
All: Aye.
Motion and Vote: Councilmember Mohrig moved to adjourn to Executive Session
to discuss land acquisition, personnel, and potential litigation at 8:30pm.
Councilmember Johnson seconded the motion. The motion passed (7-0).
(Councilmember Moore attended the meeting via Zoom.)
Regular Meeting of the Milton City Council
Monday. October 17, 2022
Paoe 68 of 68
RECONVENE I
Motion and Vote: Councilmember Jacobus moved to reconvene the Regular
Meeting at 8:38pm. Councilmember Johnson seconded the motion. The motion
passed (5-0). Councilmember Moore and Councilmember Mohrig were absent
from the vote. (Councilmember Moore attended the meeting via Zoom.)
ADJOURNMENT
Motion and Vote: Councilmember Cookerly moved to adjourn the Regular
Meeting at 8:39pm. Councilmember Johnson seconded the motion. The motion
passed (5-0). Councilmember Moore and Councilmember Mohrig were absent
from the vote. (Councilmember Moore attended the meeting via Zoom.)
Date Approved: November 7, 2022
L. Lo it, C' y ler yto ison, Mayor