HomeMy WebLinkAboutMinutes - CC - 06/20/2022Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 1061
CALL TO ORDER
Mayor Jamison: Good evening. I would like to call the regular meeting of the Milton
City Coungil for Monday, June 20, 2022 to order. The city strongly
recommends that you review tonight's agenda carefully. And if you
wish to speak on any item on the agenda, then please bring your
comment card to the clerk as soon as possible. While the Milton
rules allow a speaker to turn in their comment card up until the clerk
calls the agenda item, once the agenda item is called, no more
comment cards can be accepted. Will the city clerk please call the
roll and make general announcements?
ROLL CALL
City Clerk: Good evening, Mayor and Council. I'll be happy to call roll for the
June 20, 2022 regular meeting. I would like to remind those in
attendance to please silence all cellphones at this time. If you are
attending the meeting and you would like to make a public
comment, you are required to complete a yellow public comment
' card prior to speaking on the item. Your comment card must be
presented to me prior to the item being called. If the item is already
called and a yellow comment card comes to my desk, I won't be able
to accept it. All speakers, please identify yourself by name, address,
and organization before beginning your comment. If you are
representing an organization, an affidavit is required stating you
have the authority to speak on behalf of that organization.
Please review tonight's agenda and if you would like to make a
comment, please bring your comment card to me now.
Demonstration of any sort within the chamber is prohibited. Please
refrain from any applause, cheering, booking, outbursts, or dialogue
with any person speaking. Anyone in violation will be asked to
leave.
As I call roll this evening, please confirm your attendance. Mayor
Peyton Jamison.
Mayor Jamison: Here.
City Clerk: Councilmember Andrea Verhoff.
CM Verhoff: Here.
' City Clerk: Councilmember Paul Moore.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 2 of 61
CM Moore: Here. '
City Clerk: Councilmember Juliette Johnson.
CM Johnson: Here.
City Clerk: Councilmember Carol Cookerly.
CM Cookerly: Here.
City Clerk: Councilmember Jan Jacobus.
CM Jacobus: Here.
City Clerk: And Councilmember Rick Mohrig.
CM Mohrig: Here.
Mayor: Mayor Peyton Jamison present.
Councilmembers Present: Councilmember Andrea Verhoff, Councilmember
Paul Moore, Councilmember Juliette Johnson, Councilmember Carol Cookerly, '
Councilmember Jan C. Jacobus, and Councilmember Rick Mohrig,
Councilmember(s) Absent:
PLEDGE OF ALLEGIANCE
City Clerk: Would everyone please rise for the Pledge of Allegiance.
All: I pledge allegiance to the flag of the United States of America, to
the republic for which it stands, one nation under God, indivisible,
with liberty and justice for all.
APPROVAL OF MEETING AGENDA
Mayor Jamison: Will the city clerk please sound the next item.
City Clerk: Mayor, that next item is approval of the meeting agenda. It's Agenda
Item No. 22-191.
Mayor Jamison: Council, I have a few recommended changes. I would like to move '
new business Agenda Items No. 22-204 through 22-211 up to
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Monday, June 20, 2022
Page 3 of 61
immediately follow the consent agenda. I would like to add the
following items to New Business, Agenda Item No. 22-217, and
Agenda Item No. 22-218, up along with the new business items to
follow agenda item No. 22-211. And finally, I would like to move
the zoning agenda after unfinished business? Is that okay with
council, all that?
CM Cookerly: Yeah, I'll make a motion. Mayor, I make a motion that we do
everything you said and get on with it.
CM Johnson: Second.
Mayor Jamison: I have a motion from Councilmember Cookerly and a second from
Councilmember Johnson. All in favor, please say aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Cookerly moved to approve the Meeting
Agenda with the following amendment:
' • Move New Business Agenda Items No. 22-204 through Agenda Item No. 22-
211 up to follow the Consent Agenda.
• Add Agenda Item No. 22-217 and Agenda Item No. 22-218 and move
up to follow moved Agenda Item No. 22-211.
• Move the Zoning Agenda up to follow Unfinished Business.
Councilmember Johnson seconded the motion. The motion passed (7-0).
CONSENT AGENDA
Mayor Jamison: That's unanimous. Okay. So, we will move on to general public
comment. Do we have any public comment, City Clerk?
City Clerk: Not general public comment, Mayor, no.
Mayor Jamison: Okay. So, I'll waive the public comment and then I'll ask you to call
the next item.
City Clerk: Absolutely. Mayor, we're going to move right into the consent
agenda. That first item is approval of the June 6, 2022 regular city
council meeting minutes. It's Agenda Item No. 22-192.
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Monday, June 20, 2022
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Item B is approval of the June 13, 2022 work session council '
meeting minutes. It's Agenda Item No. 22-193.
Item C, approval of financial statements and investment report for
Period 7, April 2022, Agenda Item No. 22-194.
D is approval of an amendment between the city of Milton and the
Department of Natural Resources to amend the project scope and
expiration date of the Providence Park restroom agreement to
December 31, 2022, Agenda Item No. 22-195
Item E is approval of a professional services agreement between the
city of Milton and Alexandra Gebhardt to provide human resources
consulting services, Agenda Item No. 22-196.
Item F is approval of addendum to subscriber agreement and
GOGov, Inc. master terms and conditions for software to manage
code enforcement case, Agenda Item No. 22-197.
Item G is approval of assignment of contract, a consent to
assignment of existing professional services agreement from
Universal Engineering Sciences Inc. to Contour Engineering, LLC. '
It's agenda Item No. 22-198.
Item H is approval of Change Order No. 1 with Practical Design
Partners for final design plans of Mayfield Road sidewalk and
multiuse path, Agenda Item No. 22-199.
I is approval of a task order with BM&K to provide right of way
acquisition services for the Morris Road widening project, Agenda
Item No. 22-200.
Item J is approval of a recreation provider agreement between the
city of Milton and North Atlanta Football League to provide youth
football and cheerleading programing, Agenda Item No. 22-201.
Item K is approval of subdivision plats and Revisions. The first
development is Steve and Melissa Barnett at Bream Ridge
Subdivision at 112 Slide Court. It's Landlot 340, District 2, Section
2. It is a minor plat to combine a portion of Lot 5, which is 0.07
acres, to Lot 6, 2.12 acres, with a total of 2.19 acres. Development
No. 2 is Neal and Sally David at 2108 Birmingham Road. It's
Landlot 388 and 405, District 2, Section 2. It is a minor plat to
subdivide the parcels into two tracts. Tract 1 will contain 1.077 acres '
and Tract 2 will contain 1.923 acres, with a total of 3.00 acres and a
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Monday, June 20, 2022
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' density of 0.67 lots per acre. It's Agenda Item No. 22-202.
Our final consent agenda is approval of a cooperative purchasing
source well contract between the city of Milton and CXT
incorporate for the purchase, delivery, and installation of a
prefabricated restroom facility at Providence Park, Agenda Item No.
22-203. Mayor.
Mayor Jamison: Thank you. Do we have a motion to approve the consent agenda?
CM Moore: Mr. Mayor, I'd like to make a motion that we approve the consent
agenda as read.
CM Jacobus: Second.
Mayor Jamison: Okay. I have a motion from Councilmember Moore and a second
from Councilmember Jacobus to approve the consent agenda as
read. All in favor, please say aye.
Councilmembers: Aye.
' Motion and Vote: Councilmember Moore moved to approve the Consent
Agenda as read. Councilmember Jacobus seconded the motion. The motion
passed (7-0).
NEW BUSINESS
Mayor Jamison: Any opposed? That's unanimous. So, we will move on to the new
business items that are being moved up in the agenda. Will the city
clerk please sound the first item?
City Clerk: That first item is consideration of a resolution appointing members
to the city of Milton Trails Advisory Committee by appointing a
board member for at large. Agenda Item No. 22-204.
Mayor Jamison: Thank you. So, we have a lot of appointees tonight. I think we have
the full slate of the trails committee tonight. So, we will vote on each
person on an individual basis. And we will swear everybody in as a
group at the end. Council, I have the pleasure to appointing Adam
Schwegman to the Trails Committee. Him and his wife Chrissy
moved here in 2014. They have two children. They're very active in
outdoors, hiking and biking. He is in real estate development. He
' understands how connected communities thrive. I think he'd be a
great addition to the Trails Committee. I would like to appoint Adam
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 6 of 61
Schwegman to the Trails Committee. I would open it up for a '
motion.
CM Moore: Mr. Mayor, I make a motion that we approve Adam Schwegman as
your appointee to the committee.
CM Cookerly: Second.
Mayor Jamison: Okay, I have a motion from Councilmember Moore and a second
from Councilmember Cookerly to approve Adam Schwegman as a
member of the Milton Trails Advisory Committee for the at -large
appointment. All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Adam
Schwegman to the City of Milton Trails Advisory Committee (MTAC)-At-Large,
Agenda Item No. 22-204. Councilmember Cookerly seconded the motion. The
motion passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. We will move on. Wil the City '
Clerk please sound the next item.
City Clerk: Mayor, the next item is consideration of a resolution appointing
members to the city of Milton's Trails Advisory Committee by
appointing a board ember for District 1, Post 1. Mayor.
Mayor Jamison: Thank you. I will turn it over to Councilmember Verhoff.
CM Verhoff: Thank you. I'd like to welcome Dr. Brian Maloney back to the Trails
Committee. Brian's not able to make it here tonight. I'd like to say
a few words about Brian. He and his family have lived in Milton for
over 20 years. They currently reside on Wood Road. Brian was a
part of the original committee that looked at a comprehensive trail
plan for Milton. He also has a very strong tie to the equestrian
community in Milton. His overall experience, love for the outdoors,
as well as his background in both trails in and equestrian, Brian will
be an extremely valuable addition to our newly formed trails
committee.
Mayor Jamison: Thank you. If councilors don't have any questions, I'd open it up for
a motion.
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CM Moore: Mr. Mayor, I'd like to make a motion that we approve Dr. Brian
Maloney as a new member of the trails committee.
CM Cookerly: Second.
Mayor Jamison: Okay, I have a motion from Councilmember Moore and a second
from Councilmember Cookerly to approve Dr. Brian Maloney as a
member of the Milton Trails Advisory Committee for the District 1,
Post I appointment. All in favor, please say aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Brian Maloney to
the City of Milton Trails Advisory Committee (MTAC)-District 1/Post 1, Agenda
Item No. 22-205. Councilmember Cookerly seconded the motion. The motion
passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. If the city clerk will please sound
the next item.
' City Clerk: Mayor, Item C is the consideration of a resolution appointing
members to the city of Milton Trails Advisory Committee by
appointing a board member for District 1, Post 2. It's Agenda Item
No. 22-206. Mayor.
Mayor Jamison: Councilmember Cookerly.
CM Cookerly: Hi, it is my pleasure to appoint my neighbor friend and a gentleman
with whom I do business, Mr. Phil Van Gelder. Phil is the founder
and partner of Atlanta Office Technologies. I've certainly enjoyed
their friendship. I know their dedication to the community. It is a
pleasure to have you here tonight and on this committee.
Mayor Jamison: Council, if no discussion, I'll open it up for a motion.
CM Moore: Mr. Mayor, I'd like to make a motion that we approve Phil Van
Gelder as a new member of the Trails Committee.
CM Mohrig: Second.
Mayor Jamison: I have a motion from Councilmember Moore and a second from
Councilmember Mohrig to approve Phil Van Gelder as a member of
' the Milton Trails Advisory Committee for the District 1, Post 2
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Monday, June 20, 2022
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appointment. If there's no council discussion, all in favor, please say ,
aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Phil Van Gelder to
the City of Milton Trails Advisory Committee (MTAC)-District 1 /Post 2, Agenda
Item No. 22-206. Councilmember Mohrig seconded the motion. The motion
passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. If the city clerk will please sound
the next item.
City Clerk: Item D, consideration of a resolution appointment members to the
city of Milton Trails Advisor Committee by appointing a board
member for District 2, Post 2. It is Agenda Item No. 22-207. Mayor.
Mayor Jamison: Is that District 2, Post I or Post 2?
City Clerk: District 2, Post 1.
Mayor Jamison: Okay. Councilmember Johnson. ,
CM Johnson: I'd like to appoint Elizabeth Drevet. She previously served on the
Milton Equestrian Committee before cofounding the Milton Land
Conservancy. Dedicated to conservation and increasing access to
nature within the City of Milton. I believe her passion for land
conservation and understanding of the benefits access to trails can
have on the community will make her a great fit for the trail
committee.
Mayor Jamison: Thank you. Any council discussion on the nomination? I'll open it
for a motion.
CM Moore: Mayor, I'd like to make a motion that we approve Liz Drevet to the
trails committee.
CM Cookerly: Second.
Mayor Jamison: I have a motion from Councilmember Moore and a second from
Councilmember Cookerly to appoint Liz Drevet to the Milton Trails
Advisory Committee. Any council discussion? All in favor, please
say Aye. '
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Monday, June 20, 2022
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' Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Liz Drevet to the
City of Milton Trails Advisory Committee (MTAC)-District 2/Post 1, Agenda Item
No. 22-207. Councilmember Cookerly seconded the motion. The motion passed
(7-0).
Mayor Jamison: Any opposed? If the city clerk would please sound the next item.
City Clerk: Item E, consideration of a resolution appointing members to the city
of Milton Trails Advisory Committee by appointing a board ember
for District 2, Post 2. Agenda Item No. 22-208.
Mayor Jamison: I'll turn it over to Councilmember Moore.
CM Moore: Mr. Mayor, I'd like to appoint, those who know her professionally
will know her as Marsha Spear, those who know her personally will
know as Marty Spear. A longtime member of the community, living
in White Columns in excess of 20 years. She's an avid cyclist and
will be a strong advocate for the cycling community on this board.
' If you ever want to be humbled by her, when you think you're in
your best shape, go out and knock a ride with her. It's not uncommon
for her husband and she to knock out 100 miles on a given Saturday
afternoon. So, she will be a tremendous asset to this committee. It is
with my honor that I request that she be appointed.
Mayor Jamison: Thank you Councilmember Moore? Any discussion? Then I will
open it for a motion.
CM Verhoff: Mr. Mayor, I'd like to make a motion that we approve Marsha Spear
to the city of Milton Trails Advisory Committee.
CM Mohrig: Second.
Mayor Jamison: I have a motion from Councilmember Verhoff and a second from
Councilmember Mohrig to approve Marsha Spear as a member of
the Milton Trails Advisory Committee for the District 2, Post 2
appointment. All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Verhoff moved to approve Marsha (Marty)
Spear to the City of Milton Trails Advisory Committee (MTAC)-District 2/Post 2,
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Agenda Item No. 22-208. Councilmember Mohrig seconded the motion. The '
motion passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. I'll turn it over to the city clerk
for the next item.
City Clerk: Item F is consideration of a resolution appointment members to the
city of Milton Trails Advisory Committee by appointing a board
member for District 3, Post 1, Agenda Item No. 22-209. Mayor.
Mayor Jamison: I'll turn it over to Councilmember Jacobus.
CM Jacobus: Mayor, it is my pleasure to nominate Tara Chambers to the city of
Milton Trails Advisory Committee. Tara has been a resident of
Milton for over 20 years. She is an avid walker in the Highway 9
Deerfield area, which I think is going to be a great perspective to the
trails committee, much different than others. It is my nomination for
Tara.
Mayor Jamison: Thank you. Any discussion on the nomination? I'll open it for a
motion.
CM Mohrig: Mr. Mayor, I'll make a motion that we approve Tara Chambers for '
the Trail Committee, District 3, Post 1.
CM Moore: Second.
Mayor Jamison: Okay, I have a motion from Councilmember Mohrig and a second
from Councilmember Moore to approve Tara Chambers as a
member of the Milton Trails Advisory Committee, The District 3,
Post I appointment. All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Mohrig moved to approve Tara Chambers to
the City of Milton Trails Advisory Committee (MTAC)-District 3/Post 1, Agenda
Item No. 22-209. Councilmember Moore seconded the motion. The motion
passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. Last but not least, City Clerk.
City Clerk: Item G, consideration of a resolution appointing members to the city
of Milton Trails Advisory Committee by appointing a board '
member for District 3, Post 2, Agenda Item No. 22-210. Mayor.
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Monday, June 20, 2022
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Mayor Jamison: I'll turn it over to Councilmember Mohrig.
CM Mohrig: Thanks. It's my pleasure tonight to nominate Suzanne Bock, a native
New Yorker. She moved to Milton eight years ago with her husband
Mark and their two children, Amanda and Sarah. Suzanne really has
been enjoying the warmer climate and all the activities that the south
has to offer. She's been involved in community through various
board and committee positions throughout her years. She's currently
a research fellow in the Cancer Surveillance branch at the CDC.
Suzanne has many dogs. I see her out walking often. She actually
enjoys exploring new trails and areas within Milton. I think she'll
be a great addition to the Highway 9 area.
Mayor Jamison: Thank you Rick. I will open it up for a motion if we have no
discussion.
CM Cookerly: Mr. Mayor, I move that we approve Suzanne Bock as
Councilmember's Mohrig's appointment to the Trails Committee.
CM Moore: Second.
Mayor Jamison: I have a motion from Councilmember Cookerly and a second from
Councilmember Moore to approve Suzanne Bock as a member of
the Milton Trails Advisory Committee for the District 3, Post 2
appointment. All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Cookerly moved to approve Suzanne Bock to
the City of Milton Trails Advisory Committee (MTAC)-District 3/Post 2, Agenda
Item No. 22-210. Councilmember Moore seconded the motion. The motion
passed (7-0).
Mayor Jamison: Any opposed? That is unanimous. If all the appointees will come up,
we'll swear you in.
CM Moore: I failed to mention that Marty will not be here this evening.
Mayor Jamison: Okay, thank you. Raise your right hand and repeat after me. I
solemnly swear and affirm —
Appointees: I solemnly swear and affirm —
Mayor Jamison: I will faithfully perform the duties of—
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Monday, June 20, 2022
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Appointees: I will faithfully perform the duties of— '
Mayor Jamison: — the Milton Trials Advisory Committee of this City.
Appointees: — the Milton Trails Advisory Committee of this City.
Mayor Jamison: And I will support within the charter thereof —
Appointees: And I will support within the charter thereof —
Mayor Jamison: — as well as the constitution —
Appointees: — as well as the constitution -
Mayor Jamison: — and the laws of the state of Georgia —
Appointees: — and the laws of the state of Georgia —
Mayor Jamison: — and of the United States of America.
Appointees: — and of the United States of America.
Mayor Jamison: Let's get a group picture, I guess. ,
If you'll please call the next item.
City Clerk: Mayor, that next item is consideration of a resolution appointing or
reappointing members of the city of Milton Board of Zoning
Appeals by appointing a board member for District 2, Post 2. It's
Agenda Item 22-217.
Mayor Jamison: I think I have —
City Clerk: I'm sorry, let's back up one, Mayor. Start over. Take 2.
Consideration of a resolution appointing or reappointing a member
of the city of Milton Equestrian Committee by appointing a board
member for District 1, Post 1, Agenda Item No. 22-211.
Mayor Jamison: I'll turn it over to Councilmember Verhoff.
CM Verhoff: Thank you. It's my pleasure to welcome Diane Wilson to the
Equestrian Committee. Many of you out there know Diane
personally. She's a long-time resident of Milton and active
community member. She truly loves this community and I'm '
excited to welcome her to the Equestrian Committee.
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Mayor Jamison: Thank you. Is she here?
CM Verhoff: She's not.
Mayor Jamison: Tammy, if there's no council discussion, I'd like to open it up for a
motion.
CM Moore: Mr. Mayor, I'd like to make a motion that we appoint Diane Wilson
to the Equestrian Committee.
CM Cookerly: Second.
Mayor Jamison: Okay. I have a motion from Councilmember Moore and a second
from Councilmember Cookerly to approve Diane Wilson as a
member of the Milton Equestrian Committee for the District 1, Post
I appointment. All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Diane Wilson to
the City of Milton Equestrian Committee (MEC)-District 1/Post 1, Agenda Item No.
22-211. Councilmember Cookerly seconded the motion. The motion passed (7-
0).
Mayor Jamison: Any opposed. That's unanimous. We'll swear her in later. If the City
Clerk will please sound the next item.
City Clerk: Mayor, the next item is consideration of a resolution appointing or
reappointing members to the city of Milton Board of Zoning
Appeals by appointing a board member for District 2, Post 2. It's
agenda Item No. 22-217.
Mayor Jamison: Councilmember Moore.
CM Moore: Thank you. It's my honor to recommend that we appoint Laura
Bentley. Those of you may have known Laura. She's a long-time
resident of Milton. Used to sit at this dais. We had a chance to share
this dais together for a couple of years. Long time friend. She's a
big-time contributor to the community. She's participated in all of
our comprehensive planning plans over the past several years. Has
made a big contribution to the city in many ways. It's my pleasure
to suggest that we appoint her to the Board of Zoning Appeals.
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I'd also like to thank, although she's not here this evening, Brenda
Hampstead, who has served us so well for the past five years. She
was appointed by my predecessor in this seat. She was willing to
carry on in that role. That board has met with several easy cases
before them over the past several years and several very difficult
cases. And I could not be more proud of the way Brenda has
managed her role and really represented the voice of the community
well. She'll be a — we'll miss her on the committee. But she is
looking forward to the next chapter in her life with grandchildren
and young moms and dads living nearby. We wish her all the best
in her new role.
Mayor Jamison: Thank you. I will open it for a motion.
CM Verhoff: Mr. Mayor, I'd like to make a motion that we approve Laura Bentley
for the BZA, District 2, Post 2.
CM Cookerly: Second.
Mayor Jamison: I have a motion from Councilmember Verhoff and a second from
Councilmember Cookerly to approve Laura Bentley as a member of
the BZA for the District 2, Post 2 appointment. Is there any council
discussion? Hearing none, all in favor, please say aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Verhoff moved to approve Laura Bentley to
the City of Milton Board of Zoning Appeals (BZA)-District 2/Post 2, Agenda Item
No. 22-217. Councilmember Cookerly seconded the motion. The motion passed
(7-0).
Mayor Jamison: Any opposed? That's unanimous. So, Laura, I'll swear you in.
I solemnly swear or affirm —
Ms. Bentley: I solemnly swear and affirm —
Mayor Jamison: I will faithfully perform the duties of —
Ms. Bentley: I will faithfully perform the duties of —
Mayor Jamison: — the Board of Zoning —
Ms. Bentley: —the Milton Trails Advisory Committee of this City.
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'
And I the thereof
Mayor Jamison:
will support within charter —
Ms. Bentley:
And I will support within the charter thereof —
Mayor Jamison:
— as well as the constitution —
Ms. Bentley:
— as well as the constitution —
Mayor Jamison:
— and the laws of the state of Georgia —
Ms. Bentley:
— and the laws of the state of Georgia —
Mayor Jamison:
— and of the United States of America.
Ms. Bentley:
— and of the United States of America.
Mayor Jamison:
The city clerk will please sound the next item.
City Clerks Mayor, that item is consideration of a resolution appointing or
reappointing members to the City of Milton Parks and Recreation
' Advisory Board by appointing a board member for District 1, Post
2. It's Agenda Item No. 22-218. Mayor.
Mayor Jamison: I will turn it over to Councilmember Cookerly.
CM Cookerly: My terrific appointment for Parks and Rec is Morgan Van Gelder. I
promised she would be out of here by 6:30 because they have a
family obligation. So, I'm going to go really fast. She's the assistant
principal at Valor Christian School. She and Phil share three
fabulous girls whom I am very, very fond. They are in the sweet spot
of Parks and Rec needs. So, this makes Morgan an absolutely perfect
choice for this committee.
Mayor Jamison: If there's no council discussion, we'll open it for a motion.
CM Moore: Mr. Mayor, I'd like to make a motion that we approve Morgan Van
Gelder to the Parks and Rec committee.
CM Verhoff: Second.
Mayor Jamison: Okay, I have a motion from Councilmember Moore and a second
from Councilmember Verhoff to approve Morgan Van Gelder as a
member of the Milton Trails Advisory Committee, District 1, Post
' 2 appointment. All in favor, please say Aye.
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Monday, June 20, 2022
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Councilmembers: Aye. '
Mayor Jamison: Any opposed? That's unanimous. Did I miss something?
Male Speaker: Parks and Rec Board, not trail.
Mayor Jamison: Oh, I was reading what was given to me. Let's redo that. So, I have
a motion from Councilmember Moore, second from
Councilmember Verhoff to approve Morgan Van Gelder as a
member of the Milton Parks and Recreation Commission for the
District 1, Post 2 appointment. All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Morgan Van
Gelder to the City of Milton Parks & Recreation Advisory Board (PRAB)-District
1 /Post 2, Agenda Item No. 22-218. Councilmember Verhoff seconded the
motion. The motion passed (7-0).
Mayor Jamison: Any opposed? We're good. If Morgan will come on up, picture time.
I solemnly swear or affirm - 1
Ms. Van Gelder: I solemnly swear and affirm —
Mayor Jamison: I will faithfully perform the duties of —
Ms. Van Gelder: I will faithfully perform the duties of —
Mayor Jamison: — a Parks and Recreation Advisory Board Member of this City.
Ms. Van Gelder: —the Milton Trails Advisory Committee of this City.
Mayor Jamison: And I will support within the charter thereof —
Ms. Van Gelder: And I will support within the charter thereof —
Mayor Jamison: — as well as the constitution —
Ms. Van Gelder: — as well as the constitution —
Mayor Jamison: — and the laws of the state of Georgia —
Ms. Van Gelder: — and the laws of the state of Georgia — '
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1 Mayor Jamison: — and of the United States of America.
Ms. Van Gelder: — and of the United States of America.
REPORTS AND PRESENTATIONS
Mayor Jamison: Okay, we will move on to reports and presentations. Will the City
Clerk please sound the first item?
City Clerk: That first item is the Community Development update. Our
Community Development Director, Mr. Bob Buscemi.
Mr. Buscemi: I'd like to start tonight off not with an appointment with a new
employee. With all new employees in the Comm Dev department,
we'd like to bring them and introduce them to council. So, with that,
I'd like to have Craig come up. Craig is our site inspector. He does
our erosion control inspections and site development inspections.
Mr. Henschel: Hey, my name's Craig Henschel. I'm the new site development
' inspection manager. Previously with Cherokee County for 20 years.
I live in Cherokee County. My wife is a teacher in the Cherokee
County school district. I have two boys, ages 10 and 15. They play
baseball every weekend. I'm glad to be here and I appreciate the
opportunity. I really like what I've seen over here so far. If you have
any specific questions for me, you can definitely get with Bob, and
he'll forward them on to me. Any questions right now?
Mayor Jamison: Thanks for coming. We appreciate it.
CM Cookerly: Welcome.
Mr. Buscemi: Craig is definitely a good addition to my team. The next item is a
unified development code, the UDC. I'm going to postpone this
because right after my presentation, I'm going to have Caleb from
TSW come up and make a short presentation on the UDC. He's a
consulting firm that's been with us. Calob's worked with us for
many, many years writing all the codes and really helping our team
out. So, hers a real great consultant to have on board, super
knowledgeable. So, I'll just let him go through that.
We'll jump on to Fire Station 42. I have some construction progress
photos I'll share with you. That's Fire Station 42. We've kicked off
' construction. We're going full steam. We've gone through all the
shop drawings and submittals. We're trying to order everything as
Regular Meeting of the Milton City Council
Monday, June 20, 2022
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quickly as we can because of the shortage of supply chain issues that '
we have. So, we've really been concentrating on doing that,
maintaining budgets and schedules. You're just seeing some of the
subsurface site work that's going on now. We'll be pouring
foundations very shortly and doing the sub surface water storage.
So, it's really moving along quite nicely. I thought you'd want to
see that.
The next one is just a quick look ahead on the work sessions. I'm
going to be bringing forth the next several work sessions three major
items. One's going to be the urban growth boundary. So, that's just
an additional layer. It's a comp plan initiative. CPAG just really felt
we have the sewer map, which basically controls our growth to some
degree. But they said jeez, we should really think about adding
another layer of that control just in case, for some reason, the county
was to change those rules and say through health mandates we need
to change that, that we'd have another layer. So, I'll be bringing that
in as a work session item to get into much more detail.
The next one would be increased minimum lot width from 100 to
150. So, that's another item that when we're seeing a lot of
developments and plats come in, that we're seeing sites come in that '
are extremely narrow. With the development and the size of houses
that we've been seeing typical in Milton, that 100 is just so narrow.
So, I'll be bringing a work session item for that to really get into
deep and show you what we've found with that. It's another CPAG
initiative.
The last CPAG initiative is this AG 5, AG 10, or AG 20. I know we
had some discussions about the agricultural exemption. Part of the
solution, I think, on that is going to be, and it's embedded into the
comp plan as well, through CPAG, where they envisioned an AG 5,
10, and 20. So, I think we're going to be looking at that more in
depth. You'll start to see the resolution of that agricultural
exemption that we talked about earlier.
Now, we're going to do some interactive stuff. We ran a test this
afternoon with David, and it seems to be working. Instead of slides,
we're going to run an actual liv test. So, some of the staff has been
working on this interactive map. I don't want to steal their thunder.
I'm going to let them explain to you exactly what it is. We did tell
council that we would be looking at this and we've developed it. It's
steaming ahead. It's not totally complete, but we wanted to show
you progress. With that, I'll let Emily and Tracie get up and speak. I
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1 Ms. Wildes: The best things come to those who wait. Good evening. Emily and
I are excited to present an update tonight because we get to talk
about the fun stuff. Since Emily's transition to the GIS department,
she and I have worked together to not only create a development
map, but an interactive GIS development map that brings our active
construction sites around Milton to life on a map. So, this active
development map will highlight all of the existing construction
projects around the city. So, if you will see on the screen, on the left
side, we have a directory list, a project list, and then an aerial GIS
map that synchs with the list.
Users can click on a project from the list or from a location pin on
the GIS map and a project summary will appear for that project,
highlighting different elements going on in the project, site plans,
even a video we're able to upload from the applicant's website or
embed it from their YouTube channel. The GIS map shows you the
boundary of the subject site. If anything, each plan will have a site
plan. Any of the plans we have available, we can upload to the site.
We're just going to navigate through a few of the projects. Again, if
' we have construction photos in progress, we will upload those sites,
as well. We've got great elevations. As soon as you navigate through
the project list, the GIS map will accompany it in its location. It's a
great tool.
Community development receives multiple calls each week from
residents inquiring about the development that's happening nearby.
Soon, once this is complete, we'll publish this to the website so that
not only staff, but residents can log into the website and click on this
active development site to sort of keep updated with what's going
on. GIS and staff will update this monthly. We'll continue to add
new projects as they are submitted.
In addition to this interactive map, Emily has developed a dashboard
metrics of our permitting.
Ms. Schnarre: So, this dashboard is really just to serve as a snapshot of what
development is occurring within the City of Milton right now. So,
these are actually our 2021 numbers for permitting. Basically, this
is just an interactive dashboard that you can query as we're looking
at certain character areas, maybe, or certain — maybe along Highway
9, we'd like to do a search. We can edit this map to reflect anything
that we are looking for. It will change all the numbers on the side
' and all these numbers along the top, as well. So, this really helps us
Regular Meeting of the Milton City Council
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identify trends in permitting and seeing what kind of development '
is happening within the city right now.
Ms. Wildes: To recap, we transitioned from our previous software, our permit
software, to City View in November of last year. So, we don't have
a year's worth of data in the City View system as of yet, but we will.
So, we're excited to see this fall, whenever we get to November,
what our numbers will look like. But this, again, is not static. So, we
can query the system to show us a year-to-date comparison to last
year. If we wanted to single out specific permits, we're able to do
that, as well.
Ms. Schnarre: We initially see this dashboard more staff facing as we familiarize
ourselves with the data and get everything up to speed. Eventually,
it would be nice to present something to the public so they can see
what's going on, as well.
And then lastly, we just want to give you guys a quick update on
what's going on over at Highway 9. We have been making progress
on the Highway Beautification review. I'm just going to show you
all a couple examples of what we've been putting into GIS. So, all
of these dots on here are businesses that we've been surveying out '
on Highway 9. I'm going to show you just a couple just so we can
see what that data that we've been collecting looks like.
So, in here, we have the business name, the address of the business,
and then along this side here, you're going to see this one is
compliant. The signs were reviewed for compliance against our
zoning ordinance. And then also, our code enforcement officers
went out and surveyed the property, as well. And then along the
bottom, you'll have a picture of the signs. This is really to crate a
snapshot of the signs and their compliance at this time. So, that in
the future when something changes, we're aware of what's going on
our there. We need a baseline first before we can notice if anything
changes.
We are still working through a couple other businesses. All of the
pictures are in, and we are just working on checking some of our
older signs for compliance as we have changed a little bit over time.
This is kind of where we're at right now. There's pictures in for all
of the businesses along Highway 9.
Ms. Wildes: This has been such a fun project. And it's going to be continually
updated. It also allows us, because we have a visual now, a graphic, '
to correct any mistakes and to upload information that we've always
Regular Meeting of the Milton City Council
Monday, June 20, 2022
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' talked about needing but we haven't had a system to. We're
extremely excited that Emily is now dedicated to GIS. We're excited
to see what other amount we'll be able to bring to life. Any
questions?
Mayor Jamison: This is good stuff. That was a lot of work, so we appreciate it. If the
city clerk will please sound the next item? Are we on UDC though?
City Clerk: Okay, so we're now moving into UDC? Item B is the UDC
presentation.
Mr. Racicot: Thank you. Good to be here. My name is Calob Racicot with TS W.
I've been working with .the City of Milton ever since your
incorporation, a little after 2006. It really is an honor to be here
tonight to talk to you about what is, in many ways, one of the most
important the city can do. As you know, part of why the city was
created was to control land use and to control development. As you
know, the primary tool for that is your local zoning ordinance and
your development codes.
So, tonight we are here really to talk about the unveiling of the draft
of Milton's first, from scratch, unified development code, which has
been put together to specifically implement the needs of the city. So,
wanted to give everybody a little bit of background on this process,
which did begin several years ago, and tell you a little bit about what
we put together today. I would be remiss if I didn't acknowledge all
of the folks who have gotten us to the point we're at today who are
not with me. They are my colleagues at TSW and then also Pond
Engineering, who has been helping us with a lot of the engineering
and technical issues.
Finally, did want to mention that this particular process has been
underway for several years. In 2017, my firm was retained by the
city to start moving towards a set of new development regulations
and zoning regulations, specifically written for the city of Milton.
We got started on that process with a series of stakeholder interviews
where we talked to residents, businesses, property owners, and the
elected officials at the time. We reviewed the city plans from front
to back. And then very importantly, we conducted a technical review
of all of your codes. I had to read through zoning, subdivision, storm
water, stream buffer protection, all of them from front to back,
making sure they were both clear, but more importantly, they also
were internally consistent.
Regular Meeting of the Milton City Council
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So, there was a lot of behind -the -scenes work getting us to the point '
we are today. Finally, one of the things we did was we also looked
at your history of variances and how the city has been moving
toward certain direction in the case of development. It was really a
fascinating process.
The results of that effort were put together into a document that we
called the Diagnostic Report. This was, essentially, a summary of
what our findings were and, very importantly, a road map for how
we would take these various parts of your code of ordinances today,
64 zoning, or Chapter 20, Environmental Protection, or in parts of
the street, which I believe is 58. I may be mistaken there. Take all
of those pieces and put them into this unified development code.
And so, we also identified a series of potential changes as part of
that process by looking at potential changes that were both technical,
meaning they were really about creating regulations that work
better, were internally consistent, or related well to other provisions
and state law. And then a series of policy changes. Really things that
would change the actual outcome of development.
At that time, a decision was made that the Unified Development
Code would really focus on putting together the technical document. '
I can't stress that part enough. It was about putting together a
document that was clean, user friendly, intemally consistent, but
doesn't change the outcome of the regulations. So, you just heard
Mr. Buscemi talk about widening the width, potentially, in AG-1.
We didn't do that here. We took the literally AG-1 ordinance today,
we put it into the new format. That is what is in the draft before you.
We recognize that all of those conversations are really, really
important. And if we had put them into a code, things would get lost.
You may have changes that you weren't aware of.
So, we've been very deliberate not to change any particular
regulation. But with that said, we did produce an outline of what can
be some potential changes for the city to consider moving forward.
I'm very happy to say, actually, that a lot of the things that were
identified in 2007 have actually occurred in recent years. So, we've
incorporated those text amendments into the draft that we are today.
Now that diagnostic was presented to the city council in October of
2017. We gave them an overview of the process. We talked about
what some of the technical corrections were going to be. From that
point, we started writing. We took the various code provisions, we
combined them into a single document. And we started the process I
Regular Meeting of the Milton City Council
Monday, June 20, 2022
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' of just pulling it all together. There's a great deal of work behind the
scenes that has to occur before this kind of code can happen.
We prepared an 80% draft that was shared with Community
Development staff at that time. And from that, we received some
technical feedback from them, making sure the way they were
administering the code today and that we had codified were
consistent. We then started on pulling together a full draft of the
Unified Development Code and got to about 95% when the project
was put on hold in May of 2019. So, that is how we go to the point
where we are today, up until relatively recently.
Now from that, our contract was recently reactivated, as I'm sure
you are aware. There was an ordinance taken before council which
basically just extended our current contract for no additional fee or
no additional services. So, that's sort of how we got here.
But tonight, I mentioned, this is about the unveiling of the first really
100% draft of the Unified Development Code. And before we go
into a little bit about what it entails, I wanted to tell the council what
' a Unified Development Code is and why so many communities in
north Georgia are using it. Today, as I mentioned, if you look at your
zoning ordinance or your code of ordinances, you've got zoning in
one section, environmental regulations in another section. You have
street provisions in another section. And then you've got a whole
bunch of stuff over here in subdivision. They may not always be
internally consistent. It may say one thing in one area, one thing in
another.
And the terms may be different. They may call it a setback in one
area versus a front yard in another. So, what a unified development
code does is it takes all of those parts of your code of ordinances and
combines them into a single user-friendly document that does
several things. First, it is all internally consistent. As I mentioned,
there is a great deal of work behind the scenes that we've spent with
staff making sure that the consistently of how they administer it is
codified in the UDC.
The other thing it does that's very important, in much the same way
that your staff is creating this wonderful GIS service, which is really
a one -stop shop for all things development related in the city of
Milton, the UDC also creates a single document that you can hand
to applicants, and they can know what all the rules are. There won't
be one rule in a different part of the code that they may forget. It's
all in there and it's all cross referenced.
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And why would you want that? As I mentioned, consistency is '
really, really important for zoning and for the law, as I'm sure the
city attorney would agree. This ensures that all of the regulations are
internally consistent. It also provides a document that can be
modified very easily to support different public policies. As the will
of the council changes, the UDC is much easier to update than your
current structure of various code provisions today.
And finally, and this is really, really important as well, we've made
a great effort to write this Unified Development Code for everyday
people. With all due respect to the legal profession, most zoning
codes of 20 and 30 years ago, and you inherited Fulton County's,
you have a lot of that legacy in there, were written for attorneys. So,
you just see language that's really, really hard to understand.
So, what we've tried to do is put language that is easier to
understand, simpler, and much clearer to take away a lot of the
ambiguity. This is a national trend of plain language or plain English
writing. We've tried to do that in Milton to the extent that we can.
There are some areas that are state codes that we have to leave in the
legalese. But everything that's in our purview, we've tried to make
more user friendly. '
So, finally, I wanted to mention that getting this UDC adopted is
really a key tool of implementing all of the tremendous planning
work that the city of Milton has done. Under Georgia law, your
Unified Development Code, your zoning regulations are within it,
are the key implementing tool of your comprehensive plan. And you
just finished a very forward thinking, thoughtful, very community
based comprehensive plan. This can be the step to actually
implement it and update needs as the city changes.
As I mentioned, this process has been going on for some time, really
starting in 2017. It was put on hold. But we are very, very close to
the end. Most of the significant background work has been done. As
was mentioned, there was a draft version that was completed and
sent to the staff this week. Our hope is that because we are not
making any policy changes, because are we not rezoning anyone's
property, because we are not increasing or decreasing their density,
because we're not changing the regulations that they're required to
follow, that this is really a relatively simple, technical cleanup
process. So, we don't think there's going to be very much
controversy because we haven't changed anything.
Regular Meeting of the Milton City Council
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' But we are planning a series of public meetings. There's going to be
a public meeting, really an open house on July 13`h. There will be a
long public review period where the public can go through the
ordinance, tell us if they see anything they were confused about or
see things that they need to change. And then a final public meeting
in September to get the ordinance massaged one final time.
Our goal is to have a draft version for introduction that has broad
community -based support so that all of the hard conversations, if
there are any, are going to occur during that time, which will
hopefully make the adoption process much easier.
Additionally, once the adoption cycle begins, there will be the
typical city meetings associated with that. We've scheduled the
CZIM meeting for November, Planning Commission for January,
Full city council first read for February, and then second read for
February, as well, for final adoption in March. So, we're hoping,
again, that this should be a relatively smooth, simple process. We
haven't changed any of the rules. What we've done is make them
much, much more use friendly.
' So, with that said, I wanted to give you a little bit of sneak peak of
what we're talking about. Out of curiosity, how many of you have
actually looked at the zoning and development regulations today?
So, you've all read it pretty well. But you know it's a lot of words,
a lot of words, a lot of legalize. So, what the UDC does is it creates
something that is much, much more user friendly than what you
have today. We've made use of clear language, as I mentioned,
much more, hopefully, intuitive format, intuitive layout, graphics,
usability. And then very strategic content changes. I mentioned
before that I did not change any of the regulations. I did not. But
there were some areas where you didn't actually have stuff defined
that matched the way the city was doing it.
So, there's a lot of new definitions that were created to match the
way the city has been defining things. And there's a lot of
clarification, as well. The document, itself, is 13 articles. They range
from the beginning, which is the legal statutory requirements of the
power granted to us by the state of Georgia to adopt a zoning
ordinance. We then get into about nine articles which are really your
current zoning regulations. What we've done here, which is really
interesting, is using the comp plan as a guide and recognizing that
there are different kinds of development patterns in Milton, we've
' put different articles that are for similar districts.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
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So, Bob was just mentioning perhaps creating feature types of AG. '
Well, those could go into the agricultural part of the code, so that all
of those districts have similar standards, similar protection within
reason. There's a residential area. There's a business area, special
purpose, form -based code, use provisions. And then, of course,
because this is a unified development code, we've incorporated the
applicable construction requirements from your 58 street provisions,
your subdivision ordinance, and your environmental protection into
a single code.
So, again, this is just all about taking current regulations and making
something that we hope is much more elegant than the current
format that the city has. The image before you is the reformatted
AG-1. You can see that, if you're familiar with AG-1 today, all of
the regulations are in there. But we've used graphics to convey them.
We've used chart format. And very importantly, we've tried to just
make it much more user friendly, much more elegant.
We've also spent a great deal of attention, a great deal of time
cleaning up your use provisions. I will say if there was one area
where the city of Milton code needed a lot of work, it was in your
use provisions. That means how are uses defined, what are the '
standards. Today, it's all over the place. I mean, it's all over the
place. You might have a standard that applies only in C-1, and you
only know that it's in C-1 if you read C-1. So, what we've done is
we've consolidated every use related definition into the code, and
we've created new ones for things you didn't have defined. And then
we've also put in place all of the standards into a single place.
And there's a very, very elegant use chart in the UDC. So, for
example, if you wanted to open a bed and breakfast in the city of
Milton, I just pulled that out of the air, you would go to the use chart.
You would see that in AG -I a bed and breakfast is allowed by use
permit and all of the other districts where they're allowed by use
permit. But at the end of the area, there is a clickable link that you
can click on, and it takes you to the actual standards for that use, so
that you don't have to go and look in the other part of the code that
talks about use permit and use permits requirements. It's all in one
place. So, you click that link, it takes you to the definition of bed
and breakfast, it takes you to the standards associated with it. And it
does that for every single use provision in the codes.
So, you can imagine if you're a homeowner, if you're a
businessperson and you want to know in one location what all the '
use related requirements are, this UDC accomplishes it.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
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1
Now, there was also one -use related provision that I do want to draw
your attention to. Again, we didn't change the rules, but we cleaned
them up a lot. And that relates to where we are right now, actually,
Crabapple and Deerfield. When Crabapple and Deerfield, the city's
two form -based codes were written, they were more based on a type
of building. It was a pure form -based code that may have been a bit
nSfve, and I take full responsibility for it for being part of the team
that wrote that. But it didn't give the level of specificity that I think
Milton needs in terms of regulating what specific uses are. It just
said retail is permitted or restaurant is permitted. As you know, those
can be a lot of different things.
So, what we've done is we've taken that form -based code chart and
we've translated it into these new categories. Again, we haven't
changed anything. We've worked very closely with community
development staff to make sure that we've carried over the
regulations. But the form is going to be really, really different from
what you have today when you pick it up.
' Again, that draft has been prepared. It has been submitted to staff.
We are eagerly awaiting technical feedback from them to make sure
that we've made all the changes that were desired the first time
around. Very importantly, we've also incorporated all of the recent
text amendments that the city has done in the past three years since
we were put on hold. Our goal is going to be to update that based on
staff review and then also have a community meeting on July 11
when we walk through it in a little bit more detail with the public to
tell them what's in there, to make them aware of how to use it and
how to provide us with feedback.
So, that's really the update that I wanted to provide you with. I now
I've talked about a lot. I know this is a very long, complicated
document. I hope it's something that you're proud of as elected
officials to be part of, to help bring forward. I think it is truly a much,
much better document for the city of Milton that can be used to both
meet current needs and then also easily amend in the future. So, are
there any questions?
Mayor Jamison: Rick?
CM Mohrig: If I understand, what this does is take — today we have disparate
ordinances. This combines them. This replaces them and puts them
' in the correct organization so I can look in one place and see
everything that applies to that.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 28 of 61
Mr. Racicot: Yes, sir. '
CM Mohrig: Instead of having to go over to this chapter and that chapter, kind of
what we've done before.
Mr. Racicot: The classic example is that if I'm developer and I want to build a
new street in one of these subdivisions, I've got some provisions in
a subdivision ordinance. And I've got a whole bunch of other ones
over in the public street standard. They're all in one location now.
CM Mohrig: Like stream buffers, all that stuff would be —
Mr. Racicot: Stream buffers all in one location. Stormwater has been — we
incorporated your new stormwater ordinance and some of your
stormwater provisions that were in other parts of the code that
weren't actually in your stormwater ordinance. So, it's all in one
location. It's all in one article.
Mayor Jamison: Any other questions? I was just going to say, I'm not going to hold
you to it, simple and smooth zoning process, I think is what you said.
So, we will see.
Mr. Racicot: We haven't changed anyone's density or any of that fun stuff. '
CM Moore: First of all, impressive presentation. Two questions. Number one,
since it's, I think, not really changed substantively, [audio cuts out]
[01:03:471. Secondly, are you contemplating bringing [audio cuts
out].
Mr. Racicot: Typically, when a UDC is adopted, there is a readoption of the
current zoning map. To that point, we have put provisions in here
for also allowing GIS to be used as a surrogate for the official zoning
map. There will still be the zoning map in the clerk's office. But then
there would be allowances for GIS versions, which you do today.
But they're not technically mentioned in the code. I'll leave it that
way.
PUBLIC HEARING
Mayor Jamison: Thank you. Since there are no first presentation items, we'll move
on to the public hearing. Will City Clerk please sound the first item.
City Clerk: Mayor, that item is consideration of the city of Milton extending the
existing combined moratorium on the acceptance of new alcohol '
license applications for craft beer and/or wine markets, limited tap
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 29 of 61
' establishments, limited service restaurants, breweries, micro -
breweries, distilleries, micro -distilleries, and consumption on
premises other than incidental service, BYOB, farm wineries, golf
courses, hotels, special events facilities or eating establishments,
and also barring acceptance of application of land use permits for
use of property for craft beer and/or wine market, limited tap
establishment, and limited service restaurants, breweries,
microbreweries,'distilleries, micro distilleries, and consumption on
premises other than incidental service, BYOB, farm wineries, golf
courses, hotels, special events facilities or eating establishments in
the City of Milton, Agenda Item No. 22-168. Our city attorney will
be presenting.
Attorney Jarrard: Mr. Mayor, Members of Council, this will be fairly short. We have
a moratorium that the clerk just walked through that is actually
expiring tomorrow. As the city of Milton is getting really good at
these sorts of things, as we have them come up from time to time,
we do stage them such that if we intend to continue a moratorium,
which for the gallery is simply a prohibition on the ability to ask for
certain land use entitlements to including permit and licensure
' entitlements while the city otherwise reviews various codes based
on those entitlements. The thought being that we maintain the status
quo to give the city an ability to draft code without a lot of folks
slipping through the cracks and getting in here before we are ready
from a regulatory standpoint.
So, the bottom line is we started back in October of 2021 with sort
of the licensure prohibitions on craft beer, wine markets, limited tap
establishments, limited -service restaurants, etc. It's put a
moratorium on those sorts of applications. Then we did sort of an
ancillary land use moratorium on December 20a` of'21 with respect
to breweries, micro -breweries, distilleries, micro -distilleries,
consumption on premises, etc. Then in January of this year, we
combined both of those moratoriums to make them into a sort of
seamless hole because, obviously, we're attempting to write code
that affects both land use and permit at the same time. They run and
have run together until June 21" or tomorrow.
It is my position that if we want to continue to extend this further,
and I think we should, that is my recommendation, we do need to
have a public hearing on this. We have advertised it. After the public
hearing and as soon as the mayor accepts comments, you will not be
adopting. You'll wait until a later part of the agenda before you
' adopt. Mr. Mayor, this is up for consideration and public hearing at
this time.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 30 of 61
Mayor Jamison: Any questions for Ken before public comment? Paul? '
CM Moore: Ken, at this point, what is the length of time you're recommending?
Attorney Jarrard: That's right and Councilmember Moore, I should have said that as
part of my presentation. When you get to that on the operative part
of the agenda, if we do adopt it this evening, it will extend this until
October 4 of 2022. And whenever I work with your staff on a
moratorium, we always set a deadline, which is the date certain. But
if we, in fact, adopt the thing that we are attempting to adopt, it ends,
by operating of law, upon that adoption.
Mayor Jamison: Tammy, do we have any public comment?
City Clerk: Not on this item, Mayor, no.
UNFINISHED BUSINESS
Mayor Jamison: Okay, I'll close the public comment. If there are no more questions,
we'll move on. We moved zoning agenda after unfinished business.
So, we will go to unfinished business, correct, Tammy? '
City Clerk: Correct, Mayor. And Mayor, that item is consideration of an
ordinance of the Mayor and Council of the city of Milton, Georgia
to adopt amendments to the Fiscal Year 2022 budget for each fund
of the city of Milton, Georgia amending the amounts shown in each
budget as expenditures, amending the several items of revenue
anticipations, prohibiting expenditures to exceed appropriations,
and prohibiting expenditures to exceed actual funding available. It
is Agenda Item No. 22-158. Assistant City Manager, Ms. Bernadette
Harvill.
Ms. Harvill: Good evening, Mayor and Council. You have before you the
proposed amendments to the Fiscal Year 2022 budget. The budget
for this fiscal year was approved back on September 20, 2021. The
amendments before you represent adjustments resulting from
current circumstances, opportunities, and recommendations. We
went over the amendments in detail at the meeting on June 6. So,
tonight, I'll just go over the highlights of each fund. As always, I'll
be happy to answer any questions you may have or go into further
details should you ask me to do so.
Here we have the general fund budget summary. The original '
anticipated revenues for FY 2022 were $34.8 million. This
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 31 of 61
1 amendment includes an increase of $12.6 million in projected
revenues, which will result in $47.5 million in general revenues for
Fiscal Year 2022. I would like to point out the amendments related
to the inter fund transfers in from other funds in the amount of
$10,134,298. The substantial portion of which is $10 million from
the American Rescue Plan Act Fund to recognize the allowable
figure dedicated to lost revenues as allowable by the provisions of
that funding. This $10 million may be used to cover expenses
associated with traditional services provided by the government.
Moving down to the expenditure section, you will see the original
FY 2022 budget at $35.9 million. With the proposed amendments in
the amount of $13.4 million, which will result in an overall
expenditure budget of $49.3 million. Of this $13.4 million request,
$12.9 million will be transferred out to the Capital Projects Fund to
support the city's pay as you go capital improvement plan, including
$282,550 for Tier 1 trail master plan projects at Birmingham Park,
$53,552 for the purchase of three new HVAC units at Fire Station
41 associated with the mold remediation process, $214,611 for
construction related expenses that exceed the bond proceeds
available for the reconstruction of Fire Station 42, $170,000 for the
furniture, fixtures, and equipment that will outfit the new station
once it is completed, $21,300 for perimeter fencing of the Public
Safety Complex on Highway 9, $231,700 for the replacement of
Fire's cardiac monitors, $12 million for the buildout of a new
athletic complex once a site is secured.
All of this is offset by $18,415 for red stripping and $20,253 for the
camera system for PD coming back in from the Capital Projects
Fund to the General Fund. After taking these amendments into
consideration, the projected General fund balance will be
$10,588,144, which puts the city well within its required fund
balance requirements of 25% of the subsequent year's revenues.
Some of the more significant changes anticipated to the revenues for
2022 included an increase to the title ad valorem tax category in the
amount of $600,000 as the cost of vehicles and the number of
vehicle sales continue to exceed original projects, an increase of one
million dollars to the local auction sales tax category. As this is
another revenue source that has grown faster than anticipated. And
the land use disturbance permits, and plan review fees have also
come in higher than anticipated in corresponding increases in the
amount of $250,000 and $106,093 have been forecasted for the
remainder of the fiscal year.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 32 of 61
On this page, we have the recognition of about $10 million in the '
ARPA funds that the city has been received being transferred into
the general fund, as well as a transfer in from the operating grant
fund int eh amount of $103,479 to recognize the grant revenue
received for the state of Georgia public safety officials and first
responders supplement grant program, which was paid to eligible
employees earlier this year. Again, the total amendment request for
revenues adds up to $12,628,840.
Before we move on to the expenditures, I'll just stop and see if
anyone has any questions.
Within the amendment document are some proposed staffing
changes, which are outlined in detail on Pages 9 —12. These requests
include amendments that pertain to a reorganization within the
finance department. This request involves reclassifications,
including changing the vacant financial services administrator
position to that of a finance director, and requesting a parttime
accounts payable coordinator. For Fiscal Year 2022, the amendment
add is $15,000. And the annual impact moving forward would be
approximately $82,393 to make these changes.
You will also see staffing request to the transfer of $104,353 from '
Community Outreach and Engagement to the Parks and Recreation
department. Due to an internal reorganization, moving the
Community Outreach manager, parttime special events coordinator
and two summer interns to Parks and Recreation.
Police and Fire have requests to recognize salary expenses covered
by the public safety officials and first responder's supplement grant
we just spoke about in the amount of $39,575 and $62,905,
respectively. Additionally, Fire has a request for two new
paramedics, one shift firefighter, and one paramedic to verse the
CARES program The request for FY 22 would be $81,374, with an
annual impact of $163,489. Fire also incurred unanticipated
expenses in the amount of $170,040 related to the professional fees
to remediate the mold detected at Fire Station 41.
On the next page we have Public Works. You will see an increase
across salaries, purchase services, supplies, and other costs
associated with an internal reorganization bringing the sustainability
position from Community Development over to Public Works. This
request totals $100,094. There's also a request to reallocate $24,700
from FY 21 as local road safety plan expenses were not incurred I
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 33 of 61
' until this fiscal year. And there's a transfer of that $18,450 in capital
projects that we spoke about for the road striping.
In Parks and Recreations, there's a request to accept the budget for
those positions we spoke about from Community Outreach and
Engagement. And last on this page, we have the removal of the
budget for the sustainability position from Community
Development, moving that over to Public Works.
Here again, on Page 12, we have the detailed outline of that transfer
out to the Capital Projects Fund or the Pay as you Go programming,
as well as a reduction in the transfer out to the Special Event funds.
Our hotel has been experiencing higher revenues than anticipated,
therefore not needing as much money from the general fund to go
over there. And then finally cover for the contingency for the
projects that came in higher than anticipated.
That completes the conversation related to the General Fund. Does
anyone have any questions?
Now we have our Special Revenue Funds, beginning with our
' Special Events Fund. Staff has implemented a fee associated with
application and the provision for tents and booths at the Crabapple
Fest. Here you're just seeing the recognition of those revenues as
well as distribution of them towards expenses associated with those
rentals of the tents and other professional fees for that event. You
will also see the reduction from the transfer in from the General
Fund that we just spoke about.
In the Hotel/Motel Tax Fund, you are going to see the recognition
of the higher than anticipated revenues from the hotel that we have.
And then the same thing, the corresponding transfer out to the
Special Events Fund.
In the Compensated Assets Fund, we're just recognizing a budget to
fund the purchases that were consistent to the restrictions to this
account.
E911 funds are coming in higher than anticipated. Recognizing
those additional revenues and then the offset going out to the City
of Alpharetta for IGA agreement. And the Operating Grant Fund is
recognizing the grants we've received, allocating them across the
departments or transferring them back over to the general fund to
cover expenses incurred over there.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 34 of 61
We have the American Rescues Plan Act Fund, again recognizing '
the $10 million transfer out of the General Fund. The other money
that has been agreed to through council will be allocated at the end
of the year amendment.
Then we have our Capital Projects Funds. Before you are the
revenue amendments for the Capital Projects Fund, including $12.9
million operating transfer in from the General Fund that we went
over in detail earlier this evening. We have a breakdown on the next
page o the expenditure amendments for the Capital Projects Fund,
including $21,300 for the perimeter fencing we spoke about, the net
reduction of $7,534 from the Police Vehicle Replacement Reserve.
Recognizing some insurance proceeds that were additional offset by
the transfer of the camera money that was put into the Capital
Projects Fund moving back over to the General Fund to make those
purchases.
We have a request of $384,611 total for Fire Station 42 to cover the
construction expenses higher than anticipated, as well as the
furniture fixtures and equipment we spoke about. Going through, we
also have the HVAC units that were purchased. We have additional
requests for the cardiac monitors. And then paving asphalt is coming '
in higher than anticipated. So, this request is to cover those
additional paving expenses that weren't anticipated in the amount of
$290,550.
The reduction of that $18,450 to go over from the road stripping in
the General Fund, the recognition of the $12 million for the Active
Park facility build out. And then the additional $331,250 to address
those Tier 1 Master Plan projects at Birmingham Park. Closing out
the project for the Comprehensive Plan, reducing that $48,700,
moving it back towards other projects. And then just recognizing
some insurance proceeds. And finally, the use of contingency.
We have the TSPLOST account. Again TSPLOST 2 is approved by
the residents and voters. So, we have here the recognition of a new
account to separate out those revenues so we can more clearly
identify them in our accounting. And then we have the allocation of
those funds across the new projects in the TSPLOST 2 programing,
including Bethany Bend pedestrian crossing, pavement
management projects that will be addressed, and intersection
improvements at Cox Road.
We have our Capital Grant Fund recognizing that the LMIG funds '
came in a little lower than anticipating, offsetting that on the
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 35 of 61
' pavement management account in that fund. And then just chewing
up a few small accounts that we had some grants later in the year.
Once we have the final cost of the bathroom renovations, we will
transfer those funds over from the Providence Park Account and the
Capital Projects Fund over to this grant fund to chew that up, as well.
So, you'll see that one more time before this year is over.
Impact fees are coming in higher than we anticipated. This is the
recognition of those revenues and then allocating them across the
several projects that are applicable in each fund. And then finally,
our Revenue Bond Fund, we had some insurance — sorry, interest
earnings that we're allocating across Fire Station 42. That is all of
our amendments for our first amendment for FY 2022. I'll be happy
to answer any questions if you have them.
Mayor Jamison: Thanks, Bernadette. Any questions before I call for public
comment? Any public comment, Tammy?
City Clerk: No, sir.
Mayor Jamison: I will close public comment and open it for a motion or any council
' discussion. Any motion?
CM Cookerly: Mr. Mayor, I make a motion that we approve, I believe it's Agenda
Item No. 22-185.
CM Moore: Second.
Mayor Jamison: I have a motion from Councilmember Cookerly and a second from
Councilmember Moore to approve Agenda Item No. 22-185. All in
favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Cookerly moved to approve Agenda Item
No. 22-185. Councilmember Moore seconded the motion. The motion passed (7-
0).
Mayor Jamison: Any opposed? That's unanimous.
Ms. Harvill: Thank you.
Mayor Jamison: Thank you. Will the city clerk please sound the next item?
City Clerk: Mayor, that next item is under unfinished business. It's Item B. It's
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 36 of 61
consideration of an ordinance to amend Chapter 34, Parks, '
Recreation, and Cultural Affairs, and Appendix A of the Milton
Code of Ordinance to establish Article III Cultural Affairs, Create
Section 34-25 Event, Special indoor/outdoor and approve associated
fees. It's Agenda Item No. 22-184. Ms. Anita Jupin.
Ms. Jupin: Good evening, Mayor and Council. This evening, we will briefly
review the changes regarding special even permits that has come
before you under reports and presentations in October 2021. Again,
as a work session item in January of 22 and most recently under first
presentation on June 6.
As these amendments were being considered, staff engaged with key
stakeholders, members of each city department, including public
safety, members of the planning commission, and have considered
feedback received from residents and community partners. The
proposed changes provide clarity to support the successful staging
of events while protecting the public safety, welfare, and best
interests.
The amended ordinance would relocate the pertinent language from
Chapter 64 to Chapter 34, Parks, Recreation, and Cultural Affairs. '
However, the point of intake for permit applications will be the City
Manager's office. These amendments would more clearly define
what constitutes a special event, how they relate to outdoor
auditoriums, and make administrative changes to the fee structure.
With your approval of these amendments, a maximum of two
special event permits per calendar year will be granted to all
traditional locations, while allowing a maximum of 12 to properties
meeting the newly passed definition of outdoor auditorium. These
changes would also allow mobile food vending at permitted special
events.
And lastly, you will see here the fee structure. We would be moving
to a tiered fee structure approach that will be administered with all
permit applications. You'll have the opportunity to vote on this this
evening. With that, I'm happy to answer any questions you might
have.
Mayor Jamison: Thank you. Any public comment, Tammy?
City Clerk: We do, Mayor. We have one. I'd like to invite Ms. Mary Crock to
the podium, please. I
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 37 of 61
Ms. Cronk: My name is Mary Cronk and I live at 600 Hickory Mill Lane in
Milton. First I wanted to thank Anita. I had some feedback after the
June 6 meeting with the first presentation and I forwarded that on.
Anita had incorporated some of those suggests I had. This shows our
city listens and pays attention to what our citizens say. I really
appreciate that.
I do have, however, some additional things for your consideration
this evening. I'm going to pull this out. I'm really looking at three
additional things. I think they're three major pieces for you to look
at. The first one is going to be I believe that the definition of outdoor
auditorium should be held within this. I know we have the UDC
coming up and all of that, which will be wonderful. But in order for
people to really know what is an outdoor auditorium without them
having to go to the newly approved code, that would be in Chapter
64. And then from there, you then have to go to Civic Spaces so you
can determine if you really have an outdoor auditorium. If you have
more than four acres and you're located on a civic space. And then
from there, you can go to either for Deerfield or — This is the one for
Deerfield, so you can see the use table there and where it would be
allowed currently. Or for Crabapple.
'
So, you can see that there are multiple steps that you have to go
through. I think it would be a lot better if it were all in one definition.
So, that's the first thing I would recommend.
The second item that I would recommend is taking a look at the
definition of a special event. In particular, looking at Al and the
following one would be I or whatever it is, the next one, where it
says, "The event is reasonably expected to result in more than 100
people gathering at any time." Now the way I read this, and I may
be wrong, what that says to me is if I had an event, say we wanted
to do, instead of Music Midtown, someone wanted to do Milton
Midtown. And they had seven different bands that were coming in.
And it was going to be an all -day event. Maybe 100 people, less than
100 people would be there at any given time. But all throughout the
day, different people what to hear different bands. So, you have
more people coming in and people leaving.
You can wind up with an event that might be 300, 400, 500 people.
If I'm reading this definition like it is now, I would say I don't need
a special event permit because I'm really going to have 90 people at
one time. So, I would think that we'd want to put some kind of
boundaries on this, either if it's amount of people attending in total
' or a time that you're going to have an event, that that would trigger
a special event.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 38 of 61
I also think that the word "and" is problematic because what that's '
saying is you may go above the 100, but you'd also have to say it
would reasonably expected to be a strain on public services. But
what if you think, as the applicant, "Oh, I don't think that's going to
require any police. I don't think it's going to do anything to traffic.
So, I don't need to apply for a special permit." I think these are two
areas that provide loopholes. I think that we might see issues in
enforcement and issues in being able to apply it. So, I think
tightening these up would be very beneficial to the city.
And then the last thing that I wanted to mention, originally in this
draft that was for first presentation, there was a condition that said
an event could not go, a single special event could not go — it could
be three days. That was removed, which is awesome. But what is
still in, this is under the Denial or Revocation, it says that the event
would last longer than three consecutive days. That would be reason
to deny a single event. But if we've already .taken out the fact that
you can't have an event that goes three days, this would not be
applicable. And it might somebody think, wow, maybe I can have
an event that is three days or two days or something like that.
So, I think taking that component out would also tighten this up. I '
want to thank you all for your time and your consideration of this. I
know we're a growing city. There's a lot of interest in doing stuff
here. But I think everybody would want this to start off right for this
to be successful. I thank you guys for all the work that you do.
Mayor Jamison: Thank you. Do we have any other public comment?
City Clerk: That's all, Mayor.
Mayor Jamison: I will close the public comment and open it for questions or counsel
discussions. Paul?
CM Moore: Anita, can you go back to your presentation for me. The second to
last slide that you showed made a reference to the food trucks. It
went too fast for me to catch that.
Ms. Jupin: So, currently, as it stands, food trucks are only permitted if it's a city
event. So, what we are proposing is if an applicantreceives a special
event permit, that they then would be allowed to have mobile food
vending. And written in the language is not a specific number of
trucks. That would be evaluated on an event -by -event basis. So, that
would still be something that would be reviewed within each '
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 39 of 61
application. But it would allow permitted special events to
incorporate mobile food vending.
CM Moore: And that is only in Crabapple and Deerfield? Or is that throughout
Milton?
Ms. Jupin: That is throughout Milton, is my understanding of what our
intentions was with this language, for permitted special event.
CM Moore: Thank you.
Mayor Jamison: Carol?
CM Cookerly: I have three general, perhaps specific questions. Explain what you
meant by the intake would be in the City Manager's office.
Ms. Jupin: Sure. So, right now, the way each application is reviewed is really a
team approach. It just needs an entry point to come into the city. So,
regardless of which section of the code it lives in, a permit group is
formed within the city. So, an intake point would be that point of
' contact for the general public for questions regarding permitting.
And they then would issue that final event permit. So, the City
Manager's office would be the point of intake. But the permit group
itself would include a representative from police, from fire, from
community development, special events, and each city department
that would have expertise on the matter.
CM Cookerly: So then, who specifically has responsibility?
Mr. Krokof£ City Manager's office.
CM Cookerly: Okay. Because at the end of the day, if there are issues, you can't
sort of go to this ambiguous group that no one really wants to say,
"I approved that. It was a mess, wasn't it?" You understand that I'm
sure. Okay.
So, then the second part, would you go to your slide regarding the
12 legacy events. Outdoor auditoriums, 12 per calendar year on the
same property. Is that an automatic approval and then they have 12
to run through and then they have to come back up? Is it one per
month? What is that?
I
Ms. Jupin: So, we have written the language to be per calendar year. So, not
restrictive to one per month. That said, traditional locations, as it
stands now, in the code, it's two across all locations. So, we have
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 40 of 61
isolated properties that meet the definition of outdoor auditorium. '
And currently in the city, there is only one property that meets this
definition, which is the Stage on the Green. Any property that would
meet this definition would be granted a maximum of 12. They would
still have to apply and go through the entire permit application
process to get approval for each one. But those properties would
have a separate delineation to receive more than the two.
Mr. Krokoff: And to become an outdoor auditorium, you now need a use permit,
so they'd be before you.
CM Cookerly: Okay, and an outdoor auditorium is described on other pages. Hard
to tell the distinction between civic and/or private and/or
governmental property?
Mr. Krokoff: We purposely keep the definitions in one place, so we don't end up
potentially changing one section and not changing another and then
you end up with conflicting definitions. That's why we refer to
Chapter 64 for the definition. I didn't have trouble following it. I
understand where the speaker was going with it. We clearly say it's
in 64 if you look up Outdoor Auditorium, you'll find the definition.
And again, there's only one. They know they're an outdoor '
auditorium. Any future ones would be applying for a use permit. So,
they too will know if they're an outdoor auditorium because they'll
be before council applying for one.
CM Cookerly: All right, so if you, for example, grant the opportunity to have 12
and let's say residents aren't happy after one or two, then what
happens?
Mr. Krokoff: There's a difference between a legacy and the 12. Just because you
get 12 doesn't mean it's a legacy event. A legacy event is one that
you have year over year over year. So, an example of a legacy event
would be the event The Old Blind Dog has out here. Year over year,
it doesn't change. So, we don't need to go through the entire process
with them. We can just go over whatever amendments, whatever
changes they're going to make. Just because you get it one year
doesn't mean you're going to get it every year. It's just a legacy
event. We don't need to go through the whole process. And
therefore, it doesn't need to be as onerous on the applicant.
But in areas where you — in the one area where you get 12, you have
to comply with all the city regulations, whether it be a noise '
ordinance or zoning. You still have to park according to parking
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 41 of 61
1 associated with that zoning district. All those things still apply. So,
when they go through the review process, each department will look
at it in regards to what they're in charge of. Fire will look at it for
fire code. Police will look at it to make sure we have public safety
covered. Zoning will look at it to make sure all the zoning categories
are met.
Again, we only have one where you have a chance at having 12, but
you also have others which can have two. If you have a problem
applicant, we know that on the second time around. One does not
provide any right to a second or a third or a fourth in this one year.
I don't anticipate we'll have any issues with our one applicant over
here. But it does open it to others where you're allowed to have two
anywhere else in the city. If you become a problem applicant, you're
not going to get the second one approved.
CM Cookerly: Okay, so you're not narrowing the scope of who has purview over
this, you're actually broadening?
Mr. Krokoff: All we've really done is change the intake. It was Community
' Development where they have a lot of responsibility right now and
brought it into the City Manager's office where my assistant has
stepped up and said that she'd be happy to take on that role. That
also brings me into the mix where I have stayed a little bit out of it.
Attorney Jarrard: We purposely put in some language with respect to the [audio cuts
out] [01:36:271, even legacy events. If, for instance, the site was not
left appropriately clean, if there is a problem with noise or traffic,
and I think we even put in some general language [audio cuts out]
city manager to be a threat to the public health, safety and welfare.
Sort of those things where we're not sure we can define every
express problem, but as long as we're applying it in a non-
discriminatory way, I think we have [audio cuts out].
CM Cookerly: Okay. So, we can move more quickly. Good.
Mr. Krokoff: I happen to have significant experience with managing special
events. °
CM Cookerly: Well, enough said.
Mayor Jamison: Rick?
' CM Cookerly: Robyn.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 42 of 61
Ms. MacDonald: I just want to make one clarification. I just can't go one meeting '
without contributing. The outdoor auditorium does not require a use
permit. It's by rights. It's the indoor auditorium that we just did was
a use permit. I just looked it up.
Mr. Krokoff: My apologies.
Ms. Harvill: The plan was. to go in that direction.
Ms. MacDonald: Obviously, if you want to make it a use permit, we can create that.
Mr. Krokoff: My apologies. That was the intention. I thought we did it with the
indoor. But the intention is to have that as a use permit, only
allowable for an outdoor auditorium through the city council. I
thought we did it at the same time.
Ms. MacDonald: But currently, where it's permitted, it's by right.
Mr. Krokoff: Thank you for correcting that.
Mayor Jamison: Rick?
CM Mohrig: I guess to go a little bit further on that, because that raises a different '
concern. So, we can have 12 events but right now it's by right. There
is no special event permit application. Is that what you just said?
Mr. Krokoff: No, you still need to file. You cannot get a special event by right.
You, for a very short period of time, are going to be able to get an
outdoor auditorium, but I anticipate another moratorium coming up,
allowing for an outdoor auditorium. There's none in the pipeline, so
you don't have to worry about that. That's not going to happen.
Attorney Jarrard: So, are we debating the difference between land use and the permit?
Is that your point? Land use is of right, but the special event permit
is still the regulatory permit?
Mr. Krokoff: Correct.
0
Mayor Jamison: So, the same analysis would still apply. It's just the zoning?
Mr. Krokoff: So, each individual event comes through in an application. Now,
there are some events that you may — Again, we're only talking
about this one. So, they have some events out there that they have —
We have no special events yet. But they may come up with a special '
event like a concert series where it's the same thing every time. Let's
Regular Meeting of the Milton City Council
Monday, June 20, 2022
_Page 43 of 61
1 say they're going to do three of them throughout the period. They
can submit one which would cover all three. But we can
subsequently revoke it for the second or the third if we have
problems with the first one because of noise or debris or anything
along those lines.
So, nothing entitles the applicant to have anything more than the one
that they were granted.
CM Mohrig: Steve, in that example, if you don't mind me jumping on that. It's a
single application for three events. Does that count as one or three?
Mr. Krokoff: That would be three events.
Ms. MacDonald: Just to clarify, to help understand, right now, technically, under
these new terms, we only have one outdoor auditorium. I think with
the definition, it also required a structure to be part of that outdoor
auditorium. And then it refers back to the requirement that it can't
just be some random piece of property in Deerfield or some random
piece of property in Crabapple. But it has to meet the requirement
' of a civic space that's within a development that's four acres or
more. And in Deerfield, it's required to have 10% of that acreage.
And then Crabapple, it's five percent.
So, right now, it's very, very limiting to be able to actually have an
outdoor auditorium and then to have 12 events at that location.
CM Mohrig: So, if I've got civic space, are you saying if it meets those terms, the
requirements, they could have 12 events at a civics space?
Ms. MacDonald: Right now, it's by right. But it sounds like the city manager might
seek to change that to a use permit. So, then that would add another
level of zoning. That's the direction.
Mr. Krokoff: And no, a civic space would not qualify. It would have to be an
outdoor auditorium in a civic space, which would include a structure
like you see behind us.
CM Mohrig: That would still come before council, is that correct? Or we would
not have to approve if it's a civic space, they could automatically get
an outdoor?
' Mr. Krokoff. As it stands today, if they meet all of that criteria, I don't believe
anybody can in our current environment, they could apply for a
building permit for a stage like that. If they meet all the criteria, then
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 44 of 61
they could establish themselves as an outdoor auditorium. My intent '
is to bring that before you and, just like the indoor one, for it to be a
use permit.
CM Mohrig: Because that would be a concern if they could just kind of— We had
a lot of discussions about by right and the problems we potentially
run into with that. If I understand, an outdoor arena, 12 special
events allowed. Still have to do a use permit for those 12 events. Not
a use permit, special events permit. They have to actually apply for
a special event application in order to get those events. When we go
to private property, only two per year. So, that would even be if you
have a legacy event, that counts as one of your two? Okay.
So, again, only place where today we have where you can 12, that
you can apply for, would be the outdoor arena.
Mr. Krokoff: Perfectly said.
CM Mohrig: And then we're going to try cleaning up the civic space, so we don't
have that opening. That's something you'd bring before us.
Mr. Krokoff: Absolutely. '
CM Mohrig: When I looked at some of the questions that were concerned, about
the more than 100 people or whatever, in reading that, does that only
apply to city owned property? Is that what I read?
Ms. Jupin: That criteria is for IA and 1B. So, that's just the threshold that we
landed upon of more than 100 people at any one time. So, that way,
to Mrs. Cronk's point, if somebody was having a special event and
there was 80 people throughout the course of the day, we've seen
that. We were trying to avoid having applicants who are just having
a large party on their private property that doesn't impact their
neighbors. It isn't having all of those things. So, we felt comfortable
with 100 being a threshold with discussions with the city attorney,
trying to find the right number where we're not having it too low to
where we have to permit regular parties that people may choose to
have at their residence.
Attorney Jarrard: One of the interesting things about that is, of course, there is some
degree of estimation built into. That's where, I think, the city
manager has some power in this. Because, for instance, we get
applications where they mislead us or grossly underestimate the
impact it will have on the city, that might greatly impair their ability '
to get the second one. I've taken all the necessary [audio cuts out]
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 45 of 61
' [01:44:421 traffic, sanitation, cleanliness, noise are all attended'to.
My point is there's going to be a real educational component [audio
cuts out] [01:44:521 on making sure that those who do business
with city are candid and tend to err, if at all, on perhaps over
estimating.
CM Mohrig: But in that case, if they're under 100 people, it would not count as a
special event. They would not have to put a permit or a request in?
Ms. Jupin: It would only if it has substantial impact or strain on public services.
Mr. Krokoff: So, 101 doesn't trigger a special event. Some examples, we have —
what's the name of the game they play out here —
Several Voices: Comhole.
Mr. Krokoff: Thank you. So, we probably get around 100 people here on a
Thursday night. That's not going to impact the community. There's
no noise associated, there's no traffic associated with it. That
shouldn't trigger a special event permit. But if you have an event
where you have people circulating, let's say 100 at a time or 150 at
a time, there's a greater chance that you're going to have a greater
impact on the community. So, that's kind of how we came up with
that 100 number.
But these are ands in there. It's not just 100. We have many
properties throughout the city of Milton that are large, and they can
have 150 people there and you'd never know it. They won't have an
impact on our right of ways, they won't have an impact on parking.
So long as the noise is kept to a minimum, you're not even going to
know what's going on. So, that won't trigger it just by it being over
100 people.
CM Mohrig: We had an instance, which I know you're familiar with, years ago
where someone had, I think, originally requested to have special
events facility. They could not have it on that property. And they
went ahead and decided to run it as if it was a special events facility.
They didn't have, necessarily, more than 100 people. It was on
private property. But they were operating it as a commercial
property. That's the only thing I'm trying to figure out, how would
you address that? How would enforce if someone tried to sidestep
our rules?
I
Mr. Krokoff: I think that is a different section, a different zoning type issue. Most
of those events would not have risen to a level of a special event.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 46 of 61
The issue there was use and primary use. Once that started to shift '
from a residential use into a commercial use, it was no longer
appropriate use in an AG-1 zoning area. So, I would say that if
someone is going to have a wedding at their house and they have
100 people, doesn't impact anybody, no harm, no foul. But if
someone is now renting out their home every week or two to be able
to accommodate people's weddings, it's a different use. It's no
longer primarily a residential use. It's really, primarily, an event
venue. Ken, am I hitting the right spots here?
Attorney Jarrard: You are. That was exactly the analysis.
Mr. Krokoff: I think that's where we would land on something like that.
Attorney Jarrard: It's the nature of the use and what is, candidly, what is primary
versus the ancillary use in an event situation. [Audio cuts out]
[01:48:161 doing on the property, but they were converting from a
residential use to an event venue or some sort of a commercial
venture. [Audio cuts out] get on to general zoning principles.
CM Mohrig: So, that's how we would address that. The reason I bring that up is
we've had a couple of instances where that kind of thing occurs. I I
know it was difficult to try to address from an enforcement
standpoint.
Mr. Krokoff: It wasn't necessarily an enforcement issue. It became the use and
what point did it transfer. It's not a bright line rule. At what point
did it transfer from a residential use to a commercial use. That was
the challenge there, which we ultimately prevailed.
CM Mohrig: The last thing, there was that one point about denial or revocation.
Is that something we can just remove, the event will last —
Ms. Jupin: Yes. That was just simply an error on my part.
CM Mohrig: Okay, thank you.
CM Moore: You guys shortchanged that one. Can you complete that sentence?
It's going to be removed because it does what?
CM Mohrig: Because it does not apply. Because we've already stated that you
can't have an event for three consecutive days. Therefore, that
would not be part of a denial or revocation of special event.
Ms. Jupin: I even caught it and didn't remove it. '
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 47 of 61
Mr. Krokoff: Anita's the one who caught it.
Mr. Jarrard: E-1-D.
Mayor Jamison: What's that again, Ken?
CM Mohrig: E-1-D. Thanks.
Mayor Jamison: Any other questions? Paul?
CM Moore: Steve, I just want to build on the example that you gave. The
cornhole series, so that does not meet the threshold for a special use
permit. It's every Thursday night, it's not reaching over a hundred
people, typically no noise. So, that doesn't count in a special event.
Mr. Krokoff: It would not, and it does not.
CM Moore: I think you've already solved my other questions. Thank you.
Mayor Jamison: Any other council discussion? I'll open it up for a motion. Going
once? It's 22-184. There's going to be that one amendment.
CM Moore: Mr. Mayor, I make a motion that we approve Agenda Item No. 22-
184.
CM Cookerly: Second.
City Clerk: You'll have to, I'm sorry, you'll have to add the amendment to
remove the language in E-I-D.
CM Moore: With the removal of E-1-D.
CM Cookerly: Second.
Mayor Jamison: Okay. I have a motion from Councilmember Moore and a second
from Councilmember Cookerly to approval Agenda Item No. 22-
184 with the amendment of removing E-1-D. Any council
discussion? All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Agenda Item No.
22-184 with the amendment to remove (e) (1)d. Councilmember Cookerly
seconded the motion. The motion passed (7-0).
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 48 of 61
Mayor Jamison: Any opposed? That's unanimous. '
Mr. Krokoff: Mayor, if I could, just before you go on to the next one, just want to
publicly thank Anita. This has been a challenge and she has been
hearing a lot of cats.
Mayor Jamison: I think we started this in 2021.
Mr. Krokof - It's been a little while. She did a great job of bringing everyone
involved in the process, getting their input to make sure we got to
the right point. Not only internally but externally, she was dealing
with a lot of people in the community. I just want to say, Anita, I
appreciate the work you put into that. It shows in the end.
ZONING AGENDA
Mayor Jamison: Absolutely. Thank you. City Clerk, I guess we will go on to — Do
we do Zoning Agenda, right? Yup. So, Madam Clerk, please call the
next item.
City Clerk: Mayor, before I read that item, I would like to read the zoning rules
before I read that. When the Mayor and City Council consider a ,
zoning agenda, these items include rezoning petitions, modifications
of zoning, use permits, and associated concurrent variances, in
additions to ordinances, resolutions, and text amendments. I would
like to acquaint you with some of these rules and procedures for
these meetings, which includes a zoning agenda. The applicant and
all those in speaking in support of will be allowed a total of 10
minutes. The opposition will also be allowed a total of 10 minutes
to present its position if time remains.
The applicant may choose to save some time for rebuttal following
the presentation by the opposition. Since the burden of proof is on
the applicant, the applicant will be allowed to make closing remarks,
provided time remains. Those called to speak will be taken in order
in which the speaker cards were received. All speakers will identify
themselves by name, address, and organization before beginning the
presentation.
The Planning Commission has heard the agenda items and their
recommendations have been forwarded to the Mayor and City
Council for consideration and disposition. The applicants shall not
submit material to the City Council during this meeting unless
requested to do so. All material that you wish to be reviewed by the '
council in consideration of your application should have already
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 49 of 61
been submitted to the Community Development department and is
included in the normal distribution of packages to the Council.
When an opponent of a rezoning action has made, within two years
immediately preceding the filing of the rezoning action, campaign
contributions aggregating $250 or more to a local government
official, the local government which shall consider the application,
it shall be the duty of the opponent to file a disclosure with the
government, governing authority of the respective local government
at least five days prior to the planning commission. A violation of
relevant state statute constitutes a misdemeanor. Therefore, if
you've contributed $250 or more to a councilmember and you've
not filed a disclosure prior to the planning commission meeting, the
city attorney strongly suggests you have someone speak on behalf
of your point of view.
Our first zoning this evening is Consideration of RZ21-13, a text
amendment to delete Section 64-1596, Event: Special
Indoor/Outdoor, Agenda Item No. 22-184 under Zoning Agenda.
' Ms. MacDonald: Good evening Mayor and City Council. Tonight is part two of what
Anita just finished. As was talked about, moving the special event
indoor/outdoor administrative permit from 64, Zoning, into 34,
which is Parks and Rec. We're here tonight to ask you to delete it
from Section 64-1596 from the ordinance, from the zoning
ordinance. And then that will enable the new ordinance to live in
Chapter 34.
A little background history, at the October 26, 2021 Community
Zoning Information meeting, there were four residents in
attendance. They made comments regarding a proposed new
ordinance under Chapter 34. At the Planning Commission, they
unanimously recommended approval of RZ-2113 at their November
17, 2021 meeting to delete Section 64-1597. This item was under
first presentation on December 6, 2021 before this body. It was held
to enable to delete Section 64-5096 to keep it in alignment with the
adoption with what you all just approved tonight, Section 34-25.
So, with that, basically, if you make a vote, it will take away this
administrative permit from Chapter 64 of zoning.
Mayor Jamison: Any questions before comment?
I
CM Mohrig: One quick question. So, essentially we're moving similar language
for the same things that we had but we're changing it over to the
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 60 of 61
different - I
Ms. MacDonald: Correct. So, Anita was able to do a much better job of concisely
upgrading the ordinance and making it relevant to our situation here
in the City of Milton and putting it into Parks and Rea. And
therefore, the need to delete this portion of the ordinance.
Mayor Jamison: Do we have any public comment, Tammy?
City Clerk: We do.
Mayor Jamison: Okay. We'll first —
City Clerk: You don't want to — Okay, no, we do not.
Mayor Jamison: No? We're good. Okay. So, we'll close the public hearing. Any
further discussion with Council? Hearing none, I'll open it for a
motion.
CM Moore: Mr. Mayor, I make a motion that we approve Agenda Item No. 22-
184.
CM Verhoff: Second. '
Mayor Jamison: I have a motion from Councilmember Moore and a second from
Councilmember Verhoff to approve Agenda Item No. 22-184. Any
council discussion? All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Agenda Item No.
22-184. Councilmember Verhoff seconded the motion. The motion passed (7-0).
NEW BUSINESS
Mayor Jamison: Any opposed? That's unanimous. We will move on to New
Business. The city clerk will please sound that item.
City Clerk: Mayor, that item is consideration of the city of Milton extending the
existing combined moratorium on the acceptance of new alcohol
license applications for craft beer and/or wine markets, limited tap
establishments, limited service restaurants, breweries, micro -
breweries, distilleries, micro -distilleries, and consumption on '
premises breweries, micro -breweries, distilleries, micro -distilleries,
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 51 of 61
' and consumption on -premises other than incidental service, BYOB,
farm wineries, golf courses, hotels, special events facilities or eating
establishments, and also barring acceptance of application of land
use permits for use of property for craft beer and/or wine market,
limited tap establishment, and limited service restaurants, breweries,
microbreweries, distilleries, micro distilleries, and consumption on
premises other than incidental service, BYOB, farm wineries, golf
courses, hotels, special events facilities or eating establishments in
the City of Milton, Agenda Item No. 22-168. Our city attorney will
be presenting.
Mayor Jamison: You're going to memorize that next time, right?
City Clerk: Didn't look like I already did.
Mayor Jamison: Close.
City Clerk: Mr. Ken Jarrard.
Attorney Jarrard: Mr. Mayor, no additional presentation.
Mayor Jamison: Any public comment?
City Clerk: There are none, mayor.
Mayor Jamison: I'll close the public comment and open it up for a motion.
CM Mohrig: I'll make a motion, Mr. Mayor, that we approve Agenda Item No.
22-168.
CM Cookerly: Second.
Mayor Jamison: I have a motion from Councilmember Mohrig and a second from
Councilmember Cookerly to approve Agenda Item No. 22 — Do you
have a question?
CM Moore: Don't we have to assign a timeline in the motion?
Attorney Jarrard: It's in the resolution. It is in the end, Paragraph 2, second line, very
end at the second line on Page 3. Everybody sees it. That's a great
section.
Mayor Jamison: Let me wait until Carol comes back. I have a motion from
I
Councilmember Mohrig and a second from Councilmember
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 52 of 61
Cookerly to approve Agenda Item No. 22-168. All in favor, please '
say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No.
22-168. Councilmember Cookerly seconded the motion. The motion passed (7-0).
Mayor Jamison: Any opposed. That's unanimous. Will the city clerk please sound
the next item?
City Clerk: Mayor, that item is consideration of a land acquisition agreement for
purchase of realty totaling 7.08 acres, with a purchase price of
$1.956 million between the city of Milton and, number 1, Cagle and
Cagle Real Estate Investment, LLC, a Georgia liability company for
Fulton County Tax Parcel No. 22 493008940570, addressed as 2475
Bethany Bend. Timothy J. Cagle, Janie L. Cagle for Fulton County
tax parcel No. 22 493005946539, addressed at 2485 Bethany Bend.
And Charles N. Cagle, Sr. for Fulton Tax Parcel No. 22
493008940547, addressed at 2545 Bethany Bend. It's Agenda Item '
No. 22-212. Mr. Tom McKlveen.
Mr. McKlveen: Good evening, Mayor and Council. For your consideration this
evening, we have a land acquisition contract for three parcels here
in the city. The main purpose of this land acquisition is to expand
our future parks inventory for active parks. I will quickly go over an
overview of the properties and some contract details for you to
consider.
First off, where are we within the city on this property. On the
southeast comer of this map, I circled them in a blue circle. It puts
this property very close to our high -density population in the
southeast corner. We don't really have any larger parks down in that
corner. However, it does abut right up to North Park. I will show
that in the next slide. It does, on this northwest corner of North Park,
it is these three properties right here, 2475, 2485, and 2545. There
are two homes that are situated on the property. There is one up here
to the north and a smaller home down on the southeast.
Here's the details of the contract. The purchase price is $1.956
million. We have a due diligence period of 90 days where we can do
surveys and inspections, things like that. The closing date would be '
30 days from the end of due diligence. The property owners have
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 53 of 61
' asked for a lease back of the homes for up to 18 months. The total
for both homes is $3,500 per month. The larger home would be
$2,500. And then the small home in the back of the property, much
older home, at $1,000 per month. Questions?
Mayor Jamison: Questions for Tom? Thank you Tom. I guess adding to our park
inventory is an important thing. So, we appreciate it.
CM Jacobus: Tom, have we, by any chance, spoken to the people that live next to
this that immediately, I guess, to the west of it, to see if they're
interested in they're interested in selling as well?
Mr. McKlveen: We have not yet, no.
CM Jacobus: Is there any reason why we wouldn't?
Mayor Jamison: We can probably talk about that at another — Any other discussion?
I'll open it up for a motion.
CM Moore: Mr. Mayor, I make a motion that approve Agenda Item No. 22-212,
' the acquisition of land.
CM Johnson: Second.
Mayor Jamison: I have a motion from Councilmember Moore and a second from
Councilmember Johnson to approve Agenda Item No. 22-212. Any
discussion? All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Agenda Item No.
22-212. Councilmember Johnson seconded the motion. The motion passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. Thanks, Tom.
CM Moore: Nice work on that. I know that was a lot of hard work.
Mayor Jamison: Will the city clerk please sound the next item.
City Clerk: Mr. Mayor, just bear with me. This is going to be a resolution
appointing and authorizing special counsel to represent the city of
Milton to negotiate a local options sales tax, known as LOST,
' distribution certification as required under the laws of the state of
Georgia to authorize said counsel to assist in the preparation,
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 54 of 61
negotiation, mediation, or arbitration of the city's LOST repeal '
inconsistent provisions and for other purposes. I am tongue tied
tonight. It's Agenda Item No. 22-213. The one and only Ken Jarrard.
Is that you, Steve? You're the man, the myth, and the legend. Sorry.
Mr. Krokoff: Good evening Mayor and Council. The city of Alpharetta,
Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville,
Johns Creek, Milton, Mountain Park, Palmetto, Roswell, and Union
City have requested that Smith, Welch, Web, and White represent
them all collectively as special council in the local option sales tax,
otherwise known as LOST negotiations. The fees will be billed
based upon population. Milton's portion will be approximately eight
percent. The mayors of each of the cities I just mentioned are in
support of this action. The resolution before you is for council
consideration.
Two cities I didn't mention, which are Atlanta and Sandy Springs.
Atlanta has their own in-house counsel. And Sandy Springs has
discovered a conflict. So, they will be hiring their own who will
work in cooperation with this representation. That's pretty much it.
If you have any questions, let me know. '
Attorney Jarrard: Just one comment, Mr. Mayor, and just to follow up with what Steve
said. I did modify the resolution. Clerk did provide you a copy of
that modified resolution. So, what is in front of your station, not
what's bound in your book or perhaps in your laptop is what you'll
be looking at. I just stripped away some language. It was a form
resolution [audio cuts out] [02:06:29].
Mayor Jamison: Thank you. This is just for council consideration. I believe our first
meeting, Fulton County called for LOST negotiations towards the
end of July, I believe. We're going to get the ball rolling soon. Any
public comment, Tammy? Okay. I will open it up for a motion.
CM Moore: Mr. Mayor, I make a motion that we approve Agenda Item No. 22-
213.
CM Jacobus: Second.
Mayor Jamison: I have a motion from Councilmember Moore and a second from
Councilmember Jacobus to approve Agenda Item No. 22-213. All
in favor, please say Aye.
Councilmembers: Aye. '
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 55 of 61
' Motion and Vote: Councilmember Moore moved to approve Agenda Item No,
22-213. Councilmember Jacobus seconded the motion. The motion passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. City Clerk will please sound the
next item.
City Clerk: Mayor, that next item is L, it's Council consideration and possible
approval of a time sensitive moratorium, barring until midnight on
July 18, 2022 the acceptance of applications for the following sorts
of development permissions, plats, plans, or permits: No. 1, concept
plans, No. 2, preliminary plats, No. 3, infill regulating plans, No.
3A, use permits, 4, building permits, excluding interior building or
trade permits, 5, demolition permits, 6, grading permits or 7, land
disturbance permits within of a jurisdictional area comprised of the
following tax parcels that are listed here in the agenda items, also
located in a white box on the map that's provided int eh backup to
this item, in order to allow the city of Milton to consider the
preparation, consideration, and adoption of a historic preservation
overlay to regulate the exterior features, facades, and design element
' new structures and/or modifications to existing structures located on
or within such tax parcels, Agenda Item No. 22-214. Mr. Ken
Jarrard.
Attorney Jarrard: Mr. Mayor and Council, thank you very much. I tell you, the clerk
does a great job of really going through the agenda items. There's
not much more that I can add. I will say this, let me start with the
backup. You should see in your packet a map. And that's the key of
what you should look at because that identifies the geographical
boundary and the 23 discrete tax parcels that we're talking about.
This is a moratorium. And when you heard the clerk go through all
of the various regulator permits we're putting a moratorium on,
which, again, like I talked about earlier, it is a prohibition on the
ability to ask for those things. We are placing a moratorium on all
of those different permits and licensures and allowances with
respect to the tax parcels identified in the backup to the moratorium.
The reason for that is is because this opportunity has been presented
to Milton with respect to [audio cuts out] 102:09:311, a historic
preservation overlay district, or a district called the District at
Mayfield.
What is in front of you this evening is a very short-term moratorium.
' In fact, it only runs until July 18. This is what you have to do if
you're going to get something time sensitive locked in place that
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 66 of 61
will prevent this sort of a clamp down on the permitting apparatus '
with respect to those jurisdictional parcels, the map. In the
meantime, what we will do, should the council wish to'approve this
this evening, is in the meantime, we'll run a legal ad, just like what
happened with respect to alcohol earlier, we'll invite the public, if
they want to come and speak to this in a public hearing. At that time,
we then may impose a much longer moratorium, all the way to
December.
And the reason for this moratorium is the same as the reason for the
earlier alcohol moratorium. That is to allow to staff in conjunction
with my office as needed to prepare a historic preservation overlay
to identify all those exterior elements, facades, etc. that we may need
to protect this very sensitive area to make sure that it is as developed,
or there's any infill development, or any redevelopment, or
upgrading of these facilities, that they all have a common look, feel,
style that matches this historic area.
I will tell you that I know that this evening, there's not going to be
many people, I don't think, to speak. On July 18, I know that some
of the real advocates for this to be a historic area want to come and
they want to provide some historical background, maybe even some '
historians to come and talk about it, show you some pictures, etc.
But if you have an interest in doing this, this lockdown, because
once the gate's open and people realize we're beginning to talk
about this, by the time we get a code drafted, everybody who wants
a permit will come in and get one. And we'd be closing the barn
door once the horse is out.
So, there you have it. That is my presentation, Mr. Mayor. This is
short term. It will only last until July 18. Again, it's a moratorium.
It will not affect anything in process. So, if you're already in the
door, you're already working with us, that's fine. If your permits are
in, we'll continue to process them. This is for anything new.
Mayor Jamison: Thank you. Rick?
CM Mohrig: So, really, what the purpose of this is to allow staff to take a look
and see for a look and a feel for a designated area, do we want to
consider before it actually —
Attorney Jarrard: That's right. And once you hear the presentation on July 18, should
the council say, nah, not interested, then you can just let it lapse.
And at midnight, July 18, it expires. I
Regular Meeting of the Milton City Council
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1 Mayor Jamison: Carol?
CM Cookerly: Question, have all the property owners been advised of this?
Attorney Jarrard: Speaking for myself, I think the answer is no. But again, that's why
this one is a very short fuse. Certainly, that could be done before
July 18 to let them have an opportunity to [audio cuts out]
102:12:421.
CM Cookerly: So, on my book, this is a short term [audio cuts out]. We are seizing
their property rights, however you want to look at it. Does that seem
fair?
Mayor Jamison: I think we'll talk more about it on July 18.
CM Cookerly: July 18 is three weeks away. So, they're frozen from being able to
do anything.
Mayor Jamison: It's a pause. It's an absolute pause.
' Attorney Jarrard: There's no question. I would use, it's preservation of the status quo.
But I know that different people can employ different language. I
get it.
CM Cookerly: If we're looking at it from our point of view, because it's an
interesting idea, presentation, perhaps for common cause. But then
property rights are property rights. I would have a real problem with
this because they have not been notified. And it's slight of hand.
We're just taking their rights away with no notification. They're not
here to be able to say anything.
Attorney Jarrard: Which is once again the reason that we're able to do this very short-
term interim approach until such time as we implement those due
process standards. That's why the law is set up this way. I hear you.
I don't know that I would characterize it as a taking. But I certainly
understand that pro -property rights perspective.
CM Cookerly: Who here doesn't have pro -property rights perspective. It's sneaky.
Mayor Jamison: We've done plenty of emergency moratoriums before.
CM Cookerly: Moratoriums on behavior, not on property rights.
I
Mayor Jamison: We did one on Deerfield. No, we've done plenty of moratoriums
before.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 58 of 61
CM Moore: I think a key element that Ken made this evening in his presentation
is there is nothing currently under action. There is nothing before
the city for consideration.
CM Cookerly: That doesn't mean there isn't, I have a real problem they haven't
been notified. I don't know what's going on with them. And there
may not be anything going on with them. But it —
CM Moore: In the next 30 days, that will be part of the process.
CM Cookerly: We've gone out of our way to accommodate people who are in
roundabouts and try to do this and try to do that. And what's
happening here, I think, all of a sudden, we're interested in this, this
is a good idea. We didn't do such a good job with Crabapple and
now we have this opportunity to make it look homey and cute. Bam,
let's grab. I don't think it's pretty.
Mayor Jamison: Fair enough. Tammy, do we have any public comnient?
City Clerk: We do not, Mayor.
CM Cookerly: That's because nobody knows about it.
Mayor Jamison: I'll close the public comment and have any council discussion and
then I'll open it for a motion.
CM Jacobus: I make a motion that we approve Agenda Item No. 22-214.
CM Moore: Second.
Mayor Jamison: I have a motion from Councilmember Jacobus and a second from
Councilmember Moore to approve Agenda Item No. 22-214. Is
there any council discussion on the motion? All in favor, please say
Aye.
Majority:
Mayor Jamison:
CM Cookerly:
Aye.
Any opposed?
Me.
Motion and Vote: Councilmember Jacobus moved to approve Agenda Item No.
22-214. Councilmember Moore seconded the motion. The motion passed (6-1).
Councilmember Cookerly opposed the motion.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 59 of 61
Mayor Jamison: Okay. Tammy. 6 to 1.
City Clerk: Got it.
Mayor Jamison: With that, we will move on. The city clerk will please sound the next
item.
City Clerk: Mayor, that next item is the consideration of final plats. The name
of the development is Mayfair Estates Phase 1 in Birmingham
Highway. It's Landlock 268, 269,. And 270.on District 2, Section 2.
It's a final plat revision. The purpose of this revision is to change lot
lines for lots 4,6,8, 10, 11, and 12, deleting lots 5, 7, and 9 to
combine with lots and to add storm easements around all lots. A total
of 23 lots are included in Phase 1. It is a total of 32.38 acres in Phase
1. And it's a density of 0.71 lots per acre in Phase 1. It is Agenda
Item No. 22-215. Ms. Tracie Wildes
Ms. Wildes: Mayor and Council, for your consideration tonight, we have a plat
revision for Phase 1 of Mayfair Estates. Mayfair Estates is located
in the northern part of the city on Birmingham Highway. This is
' north of New Bull Pen Road. There are two phases to Mayfair
Estates. This revision will apply to Phase 1 only.
Mayfair was originally recorded back in 2016. All one acre lots, as
per the zoning. This plat revision is to identify the changes to the lot
lines for the lots that are highlighted in red. Mayfair was sought out
by buyers who wanted, perhaps, additional structures on their lot.
So, with a one -acre lot, the maximum impervious coverage is 25%.
So, if a buyer wanted a pool or a pool house or an additional pervious
elements, then they would quickly meet the maximum 25%. So,
Mayfair experienced many buyers who wanted to purchase
additional area for their lot. Thus, lots 5, 7, and 9 were deleted. And
the lots in red were made bigger.
So, this final plat just is a reflection of those lot changes. And then
storm easements were included around all lots within the
development. So, to summarize, we have 23 lots in Phase 1. And
Phase 1 encompasses 32.38 acres. I do have a representative from
the development here should you have any questions.
Mayor Jamison: Thank you. Any questions? Any public comment, Tammy?
1 City Clerk: No, sir.
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 60 of 61
Mayor Jamison: Okay. I'll close the public hearing. If there's no question, we'll open
it up for a motion — Paul.
CM Moore: Just make comment. I think this is great work between the city and
the developer. This is consistent with what we've asked Com Dev
to work on for quite a period of time where you've got larger estate
homes coming into Milton. There's a lot of pressure, in the price
ranges that are being built, for all the additional accessories that are
often times coming with that price point. We have said for a long
time that one acre lot, really, in many cases, cannot accommodate
that much stuff. If you really want all that stuff, buy an acre and a
quarter, buy an acre and a half, buy two acres.
So, I really thought the work done by city staff, but also to the
developer, to listening to our vision and accommodating that. Job
well done. I'm happy to make the motion.
Mayor Jamison: Go for it.
CM Moore: To approve Agenda Item No. 22-215.
CM Mohrig: Second.
Mayor Jamison: Okay, I have a motion from Councilmember Moore and a second
from Councilmember Mohrig to approve Agenda Item No. 22-215.
All in favor, please say Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve Agenda Item No.
22-215. Councilmember Mohrig seconded the motion. The motion passed (7-0).
Mayor Jamison: Any opposed? That's unanimous. Any council reports? There are no
staff reports tonight? So, next meeting is going to be July 6. That's
a Wednesday, right?
City Clerk: Yes.
Mayor Jamison: All right. I'll have a motion to adjourn.
CM Mohrig: So moved.
CM Moore: Second.
11
F
Regular Meeting of the Milton City Council
Monday, June 20, 2022
Page 61 of 61
Mayor Jamison: I have a motion from Councilmember Mohrig, second from
Councilmember Moore to adjourn the meeting. All in favor, please
say Aye.
Councilmembers: Aye.
Mayor Jamison: Any opposed? That's unanimous.
Motion and Vote: Councilmember Mohrig moved to adjourn the Regular
Meeting at 8:20pm. Councilmember Moore seconded the motion. The motion
passed (7-0).
Date Approved: July 6, 2022
my L. Lowi , Cie