HomeMy WebLinkAboutMinutes - CC - 09/06/2023Regular Meeting of the Mllton City Council
September 8;.2023
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CA►!! TO ORDER
Mayor Jamison: Thank you. I would Iike to call the regular.meeting of the Milton
City Council. for Wednesday, September 6, 2023, to order. The city
strongly recommends that you review for ight'.s agenda carefully.
.And if you wish to speak on. any item on the agenda, then please
bring your corrirrment:cards to the: clerk as. soon as possible, While
the. Milton rules allow a speaker to turn. in their comment card up
until the clerk calls the agenda.item, once the agenda item is called,
no more comment cards can be accepted. Will City Clerk please call
the roll and make general announcements?
RQLL QA
City Clerk: Good evening, Mayor and Council. I'll be. happy. to call roll for the
September 6, 2023, regular council meeting. I would.iike to remind
those in attendance to please silence all cellp hones at this time.
Those attending the meeting who would like to make a public
comment, you are required to complete a.public comment card prior
to speaking on the item. All speakers will identify themselves with.
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 public comment, please bring your comment cards to me
now. Demonstration of any sort within the chamber is prohibited..
Please refrain from any applause, cheering, booing, outburst;. or
dialogue with any person speaking. Anyone. in violation will be
asked to leave. As I call roil this everting; please confirm your
attendance. Mayor Peyton Jamison.
Mayor.3amison: Here..
.City Clerk:. Councilmember Andrea Verhoff.
CM Verhoff Here.
City Clerk: Councilmember Paul Moore.
CM Moore: Here.
City Clerk: Councilmerrmber Juliette Johnson.
Regular Meeting of the Milton City Council
September 6, 2023
Page 3 of 0
CiUM Verhoff Second.
1VMayor, Jamison: Okay. I have a motion from Councilmember Moore and a. second
from Councilmember Verhof f to approve the amended agenda. All
:in favor, please say; "Aye." Aye.
Councilrnembers: Aye.
Motion and Vote: Councilmember Moore movedto approve the Meeting
Agenda with. the following amendments:
Add a. New Business Agenda Item #23-243A - Approval of a Resolution
.Appointing a Member to the City of Milton Sustain ability Committee by
.Appointing a Board Member for District 2/Post 2..
m Add an Executive Session to discuss land acquisition., potential litigation;
and personnel.
Councilmember Verhoff seconded the motion. The motion passed. (M)..
PUBLIC COMMENT
Mayor Jamison: Any opposed? That's unanimous. Okay. Next is general public
comment. Do we have any general public comment?
City Clerk- We do, mayor.
Mayor Jamison- Okay. The next item is.general public comment. Public comment is
a time for citizens to share. information with the mayor and the city
council and to provide input and opinions on any matter that is not
scheduled. for its own public hearing during today's meeting. Each
citizen who chooses to participate in public comment must complete
a comment card and submit. it to the city clerk prior to the agenda
item being called.
Please remember this is not a time to engage the mayor or members.
of the city council in conversation. When your name is called, please
come forward to speak into the microphone stating your name and
address for the record. You will. have five minutes for remarks. The
city encourages you to. review the agenda. And if you wish. to speak,
to bring your comment cards to the. city clerk right now., If the city
clerk will please call the first speaker.
Regular Meeting of the Milton City Council.
September 6, 2023
Page 6 of 98
support at city outreach events and initiatives, Agenda Item No. 2 3-
234.
Neat is approval of the. TASER energy weapon agreement with
Amendment No. l between the City of Milton and AXON
Enterprise Inc. It's Agenda Item No. 23-235.
G is approval of a professional services agreement. between Focal
Forensics. LLC and the City of Milton for the purpose of outsourcing
certain video redaction requests .for body camera and in -car footage
requested through Georgia Open Records Act, Agenda Item No. 23-
236..
H is approval.of Change Order Na: I to the contract with Ten-8 LLC
to provide for the installation of budgeted items prior to .delivery,
Agenda Item No. 23-237.
I is approval of an amendment to the services agreement between
the City of Milton and Invoice Cloud for price and service fee
changes,. Agenda Item No. 23-238.
J is approval of subdivision plats and revisions. The name of the
developer is The Homestead of Milton at 151.35. Hopewell Road. It's.
land lot 543 through 547, 606 through 609, and 617 through 6.18..
It's District 2, Section 2. It's a Revision No. 2 to the minor plat. And
that minor plat supersedes. the minor subdivision plat recorded in
Plat Book 452, Pages .128 through 142. The purpose of this revision
is to reconfigure the common area of the front entrance at I5135
Hopewell Road, to remove addresses not assigned to specific
parcels, change address for Lot No.30, eliminate references to Lots
.31 and 32,: add bio-pond; as-built.data, and. add bio-pond easements.
A total of 166.29 acres with a density of 0.190 lots per acre. It is
Agenda No. 2.3-239. Mayor Jamison?
Mayor Jamison: Thank you, Do I have a motion on the consent agenda?
CM Moore: Mr. Mayor, I. make a motion that approve the consent agenda.
CM Johnson: Second.
Mayor Jamison: Okay.:I have a motion fibm Councilrnember Moore and a second
from Councilmember Johnson to approve the. consent agenda as
read. All in favor, please say. "Aye:" Aye.
Councilmembers: Aye.
Regular.Meeting of the Milton -City Council
September 6, 2023
Page T of 98
I've thoroughly. assessed. Greg's interest in this committee. and his.
desire to contribute to Milton's future by giving of his time and
energy to this important committee. With this background and
interest in the success of Milton, I put forward Greg Tinker for your
consideration and approval to join our . Milton. Sustainahility
Advisory Committee.
Mayor Jamison. Thank you, Councilmember Moore. Any discussion? And if not, I'll
open it up fora motion.
CM Cookerly: I'll take — oh.
CM Mohrig: Mr. Mayor, I'll make a motion that we approve Greg Tinker for
District 2, Post 2 Sustainability Committee.
CM Verhoff: Second.
Mayor Jamison: Okay. I have a motion from Councilmember Mohrig and a second
from Councilmember Verhoff to approve Agenda Item No. 23-
243A. Any discussion on the motion? All in favor, please say,
"Aye: Aye.
Councilmembers: Aye.
Motion and Vote: Councilmember Mohrig moved. to approve.Greg_Tinker-to the
Milton Sustainability Advisory Committee for District.2/Post 2, Agenda Item No. 23-
243A. Councilmember Verhoff seconded the motion. The motion passed (7-0).
REFORTS_AND PRESENTATIONS
Mayor Jamison: Any opposed? That's unanimous. And I will swear in Mr. Tinker at
a future date. So, thank you.. Okay.
We'll move on to reports and presentations. Will City :Clerk please
sound the items?
City Clerk: Mayor. that first item is a proclamation recognizing September as
Childhood Caner Awareness Month. Mayor?
Mayor Jamison: Thank you. This is an: important proclamation. I believe everyone
here. in the building has known someone. It's actually more common
- nowadays for childhood cancer. And I think it's appropriate that we
read this proclamation for the awareness of everyone that has been
affected by childhood. canker. And this is whereas children. from all
Regular Meeting ofthe Milton City Council
September 6, 2023
Page 9 of 98.
Mayor Jamison: Thank you. This is another proclamation that is. all too familiar to
people sitting in these council chambers. Suicide and mental.
wellness is more and more common, and I believe. this is something.
we can continue to recognize this suicide prevention week... And i
know they have. a foundation here, the LRJ Foundation in the back.
And they have been eery active in our community, and .they do
wonderful work. And we're here to support you. So, I'll read this
proclamation. This.is whereas depression, anxiety, PTSD, and other
mental. health issues afflict people of all ages of all types and in all
places including Milton.
Whereas. the t_T;S. Surgeon. General earlier this year declared an
epidemic of loneliness and isolation reflecting. how a lack of
connections is a growing issue that can have lasting and damaging
impacts. And whereas the City of Milton recognizes the importance
of shining a light on such common. mental health realities by
boosting public awareness as well. as sharing ways that people can
address them. Whereas September has become Mental. Wellness
Month in the City of Milton. marked by engaging social media. in a
September 7th webinar in partnership with the mental health -
.focused nonprofit LRJ Foundation.,
And whereas this is our opportunity to highlight World Suicide
Prevention Day this year on September l Oth, and National Suicide
Prevention Week from September loth through September .1.6th.
Anal whereas according to the CDC; suicide is a Top 10 cause of
death in Ariierica and`the second leading. cause among those. ages 10
to 34, accounting for about 20% of deaths for those between 14 and
24 years old. Whereas candid dialogues and sharing information. can
help prevent suicide by reducing stigmas>.and letting people know
they're not alone..
Whereas we are stronger as a community when difficult topics lice
suicide is discussed head on,. when we listen to each and forge
connections, when resources are available, and when support is.
readily available. Now, therefore., we;. the Mayor and the City
Council of the City of Milton,, proclaim September 1 Qth through
15th.:to be Suicide Prevention Week in Milton. And we: demonstrate
the city's commitment.. to our citizens' health and wellbeing by
working with. the LRJ Foundation. on an educational campaign
throughout September sharing information, tools, and resources
with our community to support mental wellness.
And this is given under my hand and. seal. of the City of Milton,
Georgia -..on .the .sixth day of. Septerber 2.023. So, if the LRJ
Regular Meeting of the Milton City Council
September 6, 2023
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PUBLIC HEARING
Mayor Jamison: Any opposed? That's unanimous. Okay. If the city clerk will please
call the next item,
City Clerk. Mayor, that next item is consideration of an ordinance of the mayor
and council of the City of Milton, Georgia to adopt amendments to
the Fiscal 2023 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 appropriations, prohibiting
expenditures to exceed appropriations, and prohibiting expenditures
to exceed actual funding available. It's Agenda Item No. 23-240.
For the public hearing, our deputy city manager, Ms. Bernadette
Harvill.
Ms. Harvill: Good evening, mayor and council. Tonight we are here to discuss
the second round of proposed amendments to the Fiscal Year 2023
budget. The budget for this fiscal year was approved on September
19th, 2022, and initial amendments were approved on May 15th,
2023. The amendment packet before you represents adjustments that
will amend line items to carry out projections to the end of the fiscal
year on September 30th, 2023. Before you is a general fund budget
summary, or will be before you in a moment. You will see the
amended revenues for Fiscal Year 2023 at $42.5 million.
This includes a transfer in from the ARPA fund in the amount of $1
million associated with the market adjustment to salaries authorized
in Fiscal Year 2023, which are eligible to be covered by this
program. Those funds were reallocated to the purchase of a stock
fire engine and equipment that's part of the ladder tender concept
deployment that Fire Chief Benmoussa presented and was approved
by council in early July this year. In this request, you will see an
overall increase of $1,079.379.00 in projected revenues being
proposed. And we will go over some of those details in just a
moment.
Moving down to the expenditure summary, you will see the current
Fiscal Year 2023 budget at $30.5 million for continuing operations
and $42.9 million when taking operating transfers out to other funds
into consideration. The proposed amendment in the amount of
$2.405,860.00 will result in an overall expenditure budget of $45.3
million. Ninety-four percent of this $2.4 million request is
associated with the transfer out to the capital projects fund to support
the city's pay-as-you-go capital improvement plan. We will go over
the details of this transfer later on in the presentation as well.
Regular Meeting of the Milton City Council
September B, 2023
Page 13 af.98
actual expenses incurred. Throughout the amendments, you will
certain departments having a similar amendment request associated
with employee benefits category.
As you may recall, Milton budgets for an anticipated average cost
per employee and does an end -of -year true -UP to account.for actual..
costs across departments: Overall benefit expenses are projected to
come in. lower than. anticipated across the city in Fiscal Year 2023.
So, none of these entries are indicative of the need for additional
funding in any way. Please. note the city has included the newly
created elections :department in Fiscal Year 2023 as the city has
taken on the role of running its own municipal elections. Previously,
expenses associated. with the election costs were accounted. form
the city clerk department under professional fees..
Next you will see a request for $17,500.00 for supplies inthe general.
fund related to cost increases in toner requirements. You may recall
the city :is reviewing an opportunity far managed print services in
1~'iscal Year 2024 that should reduce these supply costs next year.
Legal fees have. exceeded the amended forecast for Fiscal Year
202.3, and a corresponding .increase of an additional $65,00..00 has
been requested at this time.
On.the next page, staff are recognizing retirement plan expenses that
were previously accounted for using. planned. forfeitures as well as
anticipated costs associated with staff training related to the
implementation of the city's new employee performance
management system. That.s in. the human resources department.
There's also a request for $15,00.0.00 in. the risk management
department associated with higher than anticipated premiums
associated with the cybersecurity coverage. In court. and police. we
see those true up for. the benefit amendment requests.
Fire. is .recognizing: $82,170.0.0 for a second set of helmets., boots,
and SOBA masks that were part of the ladder tender deployment
proposal approved by council in July..And the last item on this page
is. the' recognition of insurance proceeds received to cover expenses
associated with winter weather damages in some of our facilities.
The final two request& include the pay -go transfer to the :capital
projects fund in the amount of $2,270,334.00 as. well as the release
of contingency funding to offset the requests we. just went .over in
the.amount of $i 81,33.4.00.
The pay -go transfer will be allocated as, follows if approved:
$71,550.00 from the sale of surplus vehicles will .go back to the
Regular Meeting of the Milton City Council
September $, 203
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time category, So, that's just a cleanup of moving them from one
section to the other. And finally, the parks and. recreation department
is requesting to remove the two unfunded part-time staff for the
Milton City Park and Preserve; as current staff are handling the
duties at this location at. this time.
Once the facility is. fully programmed, Tom and his team will
reevaluate the staffing requirements and bring back any new
initiatives. for positions in a clearer new.initiative. category for that
budget year. That brings. us to the end of the requests for the general
fund expenditures. Does anyonehave any questions before we move
on to special revenue funds? All right.
Edits: to the special events fund .as associated with the Crabapple
Fest: and the mayor's run revenues being allocated to corresponding
expense categories as well as the hotel/motel tax revenue coming in
higher than. anticipated. So, you'll see here the revenue is collected
going down to those corresponding. expense lines. And we have
revenues from the hotel/motel tax coming in a little higher than
anticipated; and. well see that again here:in.the hotel/niotel tax fund.
And that. fund balance in the special events fund will carry over.to
help fund next: year's proposals.
Next, we have the confiscated assets ftmd. The police department
has identified eligible equipment and training that could be covered
by confiscated asset funds. And this request is to allocate the.
existing fund balance. across those corresponding expenditure
budget categories. In the operating grant fund, amendments. are:
related to the criminal justice coordinating council grant received.
the. Milton Police: Department. to allocate a budget across eligible.
spending categories as well as requests to transfer to the general fund.
for eligible expenditures made last.f seal year..
In American Rescue Plan Act>fiund, you will see the amendments
associated. with . ARPA eligible spending. There is an increase to.
revenue to recognize the availability of funding as well as the
investment of income to recognize a higher than anticipated return
on investment of idle funds in Fiscal Year 2423. So, we've collected
all of our revenues. But in this fund, we can only recognize them as.
they're spent,. So, you will see revenues coming in, although we
know we've already collected 100% of our revenues related to
ARPA. I just wanted to clarify that.
You will also see the transfer out to the. general fund of that $1
million we spoke about as well as $423,348.06 to the capital projects
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September 6, .2023
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Finally, on this page we have the $992;1' 0.00 to purchase and equip
the stock engine that we talked about. Continuing on to public
works,. public works has the request to allocate $70,431.00 we talked
about from the ARP.AA fund across eligible stormwater expenses: at
Fire Station 43 as well as Bethany Bend, $86,637.00 in. insurance
proceeds for bridge damages incurred earlier this year, and
$ I0,6.00.00 from that sale of vehicles going back to their department
account to replace vehicles.. Here: is. that request for $ i. million
towards the planning, development, and construction of an indoor.
community center.
We're seeing that reduction for the ARPA funding that will be
reallocated once expenses are incurred across that project for
hydrology and stormwater.. And the final items on this page. include
allocation of funding not spent on the Mayfield district project
across other community development projects including $3,945.00
towards L1VC as staff work to finalize and. codify those changes,
$25,000.00 for the: Arnold Mill small area. plan that Shubha
discussed at the last rneeting,in August. And $25,0.00.00, we talked
about that.
And new software for code enforcement in the amount of an
additional $45,995.00. Community development also has $2,5.00.00
to those insurance proceeds going back. to their account. Finally,
disbursing that contingency and recognizing the reduction of that
trans route to TSPLOST. And that is the end of the capital projects
fund. We can move on to the green space bond fund. We're almost
there.
In the green space bond fund we are updating anticipated related tax.
revenues, which were. taken into consideration when. calculating the
required millage rate for 2024. So, that's just recognizing those
additional revenues that went to fund balance, The TSPLOST fund,
you can see the allocation of higher than anticipated tax collections,
investment income., and IGA funding to be allocated towards
eligible projects. You will also see a request to allocate some of the
current TSPLOST to collections across project categories..
The TSPLOST 2 referendum was approved. by spending category,
and staff will be bringing. additional requests to council to allocate
the rernaining collections once the comprehensive transportation
plan is complete and.provides guidance on community requests for
spending. Staff has created a new table at the Bottom that will show
the funding going towards the overall categories seen inthe gold bar
and then broken down by individual projects within that category.
Regular Meeting of the:Milton City Council
September 6, 2023
Page 19 of 98
have another public hearing on the 18th. So, we can gather
information you may need at that time.
Before you we have. the consolidated budget summary which
includes zll budgeted funds as well as those carrying a fund Balance
from one year to the next. We have the general fund, which accounts
for all operating activity that is not required to be. separated out into
a special revenue fund or a capital projects fund. We have six special.
revenue funds which are required. to account for specific revenue
sources . and their corresponding spending and six capital projects
funds, which account for capital related projects and purchases.
The citywide. budget including budgeted. spending across all funds
is $58.3 million. Please. keep in mind that all capital projects are
budgeted on a project length basis, and any unspent funds will carry
over into the next fiscal year as part, of the city's capital
improvement plan. Just a reminder that all budgetrequests. must tie
back into the city's planning process as outlined in each year's
budget book. Each plan guides city spending and. has received public.
input.as well as been adopted by the council.
We have plans including the five-year strategic plan, the.
comprehensive plan and its short-term work. program, community
development relatedplanning docunients, transportation plans,. the
local work safety plan., pavement and stonnwater plans, the
TSPLOST project.list, the trail prioritization. plan, other parks and
recreation plans; as well. as department -specific. strategic plans. So,
those. are all taken into consideration any time a request for funding
is made. So, before you is the. general fund budget summary. We
just went over one .of those in the amendment process, acid now you
can see the actual.spending.that occurred in Fiscal Year 2021. as well
as 2022 and revenues received.
You also see that amended budget for Fiscal Year 2023. These
figures include all of the amendment proposals that we went over
earlier this evening. And then we have the request for proposals for
Fiscal Year 2024. Between the last budget workshop in August 14th
and now. we have had some updates: to that amended budget in '23,
and we did go over those in detail earlier..So, I won't point those out
throughout. this process, but we will go over what changes have
occurred in the 2024 request between that time and now..
Between those two times, we have updated anticipated. property tax
revenues to reflect collections based on a 4.389 maintenance and.
operating millage rate as adopted by council. We have updated the.
Regular Meeting of.the Milton City Council
September 6,.2023
Page.21 of 98
So, moving on. to our new maintenance and operating initiatives.
Nothing has changed since the. budget workshop in August.. The
multi -departmental requests will be allocated across the departments
based on our best. projection for occurrence and will be trued up. at
yearend, similar to the way we budget for other employee beriefits
that we discussed in the amendment process.. I'll stop here. to see if
anyone has any questions or has any more information about these
new initiatives. Bear with me. We're almost there.
So, moving on to the special revenue funds, we have the special
events fund with updates to the anticipated revenues related to the
mayor's run registration in the amount of $2,500.00 as well as the
interfund transfers in removing the transfers from the general fund
as: projected. revenues in Fiscal. Year '23 and '24 Will be.able to
support this fund. So., you see that changing from $65,000.00 to
$67,000.00. And then we hada slight change to the other events in
the amount of $886.00 to create a Balanced budget. Similarly,. we
had that change in the hotel/motel tax fund to. recognize those
revenues.
So, aside from the special. events fund, the hotel/motel tax fund, the
only other change to the Fiscal Year 2024 proposed Budget in the
special revenue category is a projection of $50NO.00 in investment.
income to the ARPA fund and the transfer out of $2455064.00 to the
general fiord of those two-day interest: earnings as authorized by the
program's final guidance. Neat we have our capital projects funds,
So, as with. the. general fund and the special revenue fund, some
changes to the amended Fiscal Year'2a budget have been updated.
throughout the capital projects fiord since. our budget workshop, but.
the only Fiscal Year 2024 revenue forecast update is in the green
space bond.fund.in the amount of $2,800.00 adjusting for anticipated
revenues related to delinquent tax payments,.
Revenues. in the TSPLOST fund for Fiscal Year 2025 to '23 have
been updated; and projected funding has been set. aside in the
TSPLOST 2 program management project under the infrastructure
category until the CTP is finalized and .guidance is provided by
counsel on haw to distribute these funds. Staff has created a new
table to show how we are accounting for all these funds.
So, you can see over the seven-year plan and also including last
year's amended budget;. both internal and external amendments in
this budget amendment as well as the requests coming. forth, here is
the.piaceholderwe are asking you to put the funding in until the CTP
Regular Meeting of the Milton. City Council
September 6,.2023
Page23 of 98
minutes to present petition. The opposition will also be allowed a
total of 10 minutes to present: its position.
If time remains, the opposition will be allowed to rebut. The
applicant may choose to save some time for rebuttal following the
presentation by the opposition. Since the burden of proof is upon the
applicant, the applicant will be allowed to make closing remarks,
provided time remains with the allotted time. Those called to .speak
will be taken. in order that the speaker cards were received. All
speakers will identify themselves by name, address, and
organization before beginning their presentation.
The Planning Commission has heard the rezoning agenda items, and
their recommendations have been forwarded to the mayor and city
council for consideration and disposition. The. applicant. shall not
submit material to the council during this meeting unless requested.
to do so. All material that you wish to be viewed by the council in.
consideration of your application should have already been
submitted to the community development department and is
included in. the normal distribution of packages to the council.
When an opponent of a rezoning action has made within.a two-year.
immediately precedizzg the filing of this xezoning action being
opposed, campaign contributions aggregating $250.00 or more to a
local government official of a ..local government which will consider
the. application., it shall be the duty of the opponent to file a
disclosure. with the governing authority of the respective local
government at. least five days prior to the Planning Commission
meeting. A violation of relevant state statute constitutes a
misdemeanor.
Therefore, if you have contributed .$250.04 or more to a
councilmember, and you have not fled :a disclosure prior to the
Planning Commission meeting, the city attorney strongly suggests
that you have: someone else speak for your point of view. Our first
zoning item is consideration of U23-02 located at 3450 Hamby Road
by Tammy Urey to request a use. permit for alternative senior
housing to use the: existing single-family residence for a maximum
of four residence.
The first presentation was at the July Nth regular council meeting,
zoning agenda on the August 7th, 2023 meeting, and deferred to the
September 6th regular council meeting. It is. Agenda Item .No. 23-
1.84. Our zoning manager, Ms. Robyn MacDonald.
Regular Meeting of the. Milton City Council
$eptemher.S, 2023,
Page 25 of 98
were concerned with the alternative senior housing .being used for
drug rehab. or mental illness: The opposing citizens requested that
the existing Home to remain a single-family type use. 'There was.a
discussion amongst the commission members about the applicant's
vettingprocess for the potential four residents if the use permit was
approved.
The commission also: acknowledged that the requested use does
meet the 2040 comprehensive plan and that there is.a need for 55-
plus senior housing within the city. It was also acknowledged that
the property could be subdivided into two. single-family lots given
the size of the lot.is 215 acres in AG1, which requires. one acre
minimum. The two commissioners who opposed the use permit
stated that this was a difficult decision as there was a need for 5.5-
pius senior housing within the city.
They also voiced concerri. regarding.. the fact that any approved use
permit isn't inperpetuity, and any potential succeeding owner would
be allowed by right to continue the use. The commission
recommended to add a condition to only allow residents with
developmental .disabilities and not for use for a sober living home.,
substance abuse recovery home; or a halfway house. Staff has
provided these recommendations,. which are highlighted in yellow
at the end of the .presentation, within the recommended conditions.
In regards the CZIM held on May 23rd here at.City Hall,. there were.
approximately five residents who attended the meeting.
The majority of the residents were neutral and wanted to hear more
information about the use permit requests from the applicant, while
one citizen voiced their opposition and wanted the.house to remain
a single-family type use. At the Design Review Board.held on June
Gth, they: chose not to make a recommendation as the DRB felt their
expertise was not needed given the outside of the single-family
residence would not change. One citizen voiced their opposition to
the. use permit. In regards to the public participation report that's
required of our regulations for the applicant; the applicant held the
meeting on. Friday,. June 9th, from 5:00 to 6:00 in Alpharetta at 401
South Main Street.
There wasa. total of one attendee. The: individual expressed support
.after receiving information requested. And the required public
participation plan was submitted on June 12th, which is within the
seven days. prior to the Planning Commission as required per the
zoning ordinance.. In regards.. further to public involvement, city
staffers received support from two properties, Zero Hamby Road
Regular Meeting of the. M11ton City.Council
September 6,.2423
Page 27 of 98
communities of Milton and to look like a house, to act like a house;
not to be a big box, so to speak, but to assimilate into the community.
And this was also supported through the 2040 comprehensive plan
that this use would be allowed in the AGl zoning district as well as
other residential. zoning districts in the city.
So, right now, I'm just gonna step through what the use permit
requires and if they meet all the regulations. So, I just mentioned
that it.is AGL. and it is allowed to -.be located in..that zoning district.
A facility shall be. for. people 55 and over. And yes, that is correct
based on the applicant's letter of intent. The owner of the subject
property may reside on the site. The owner will not reside on the.. site.
but, as stated, there: were be 24-hour care for the residents. The. home:
shall be. approved and licensed by the state of Georgia or any agency
through which it acts.
And yes, based on the letter of intent; that's the intent of the
applicant. Necessary staff may:reside in a.legal accessory building:
such. as a guesthouse. lt's not applicable as they will not full-time
reside there, They will -just have.12-hour shifts and come in and out.
Structures shall retain outward appearance of a. single-family home.
And as. you can see from the pictures that it. meets that requirement.
Off-street parking shall provide one parking space for two beds and
one parking space for two employees including the owner -operator:
Yes, this meets the minimum number of parking spaces.
And the location of parking shall be located to the side and rear of
the. principal structure but outside the minimum building setback.
And yes; the applicant meets this requirement as well. It says no
.alternative senior housing facility shall be operated within 1,320 feet
of any other alternative senior housing facility. And so, this
Proposed. facility, there are no other similar facilities within a quarter
mile. The home shall obtain an occupation tax certificate. prior. to
operation, and the applicant states that they will de that.
So; now we're gonna look at the different use permit considerations
that are outlined within the zoning. ordinance of Section 64-15.52.
Whether the proposed use is consistent with the land use or
economic development plans adopted by the mayor.and city council,
the proposed development is zoned AG located in the. AEE. land
use category in this 2040 comprehensive plan map. The proposed.
use permit.for an alternative. seniior housing is permitted within AG1
zoning and with the mayor and city council approval.
Regular Meeting of the Milton City Council
September.6, 2023
Page 29 of 98
property to an alternative. senior living facility for individuals with
developmental disabilities but not for use for a sober living home,
substance use recovery home, or halfway. house.
Restrict the total square footage.to 5,081. square feet for the primary
existing residence. Restrict the maximum number of residents of the
alternative senior living facility to four to the owner's agreement to
abide to the following substantial compliance for the. site plan
received: by the community development department on May '3rd.
And I will be happy to answer any questions you all may have on
this request.
Mayor Jamison: Thank you, Robyn.. Any questions before we have public comment?
Councilmember Mohrig?
CM Mohrig: Yeah, just a quick question. We approved, I think, back in.2021
This is the same owner, same operator [inaudible - crosstalk]
[01:11:45].
Ms. MacDonald: It was 2018. I'm sorry. It was in 2018 that it was. approved.
CM Mohrig: 2018, okay. So, it's been therefor anumber of years operating. Have
we had any complaints at all by neighbors for that property?
Ms. MacDonald: No, we haven't. And there was a question about, a concern about the
number of possible 911 calls. And I requested of the. police
department and fire department, and there have been three requests
for call for 9.11 emergencies since the inception of that facility.
CM Mohrig: So, between .2018 and.2023, there were three calls.
Ms, MacDonald, I mean I imagine that they didn't. start right. at 2018. So, to be fair,
2019, yes.
CM Mohrig: In that area. So, it has, not been a Heavy impact —
Ms. MacDonald:. No.
CM Mohrig: As far as public safety. No complaints from . neighbors? I know
we've got people on either side. of that. horse.
Ms. MacDonald: No.
CM Mohrig: Okay. And to be certain, it is the same applicant.
Regular Meeting of the Milton City Council
September B, 2023
Page.31 of 98
I work in that if they grant a .use permit, and it's not put into use
within like. IS months, they'll put it back on an agenda and take it
away, so it doesn't just sit there and languish. Short answer is, yes,.
it does travel, and it will travel in perpetuity unless we pull it.
CM. Moore: If there. were a future sale of the property, it's not necessarily a
requirement that the future owner .use the use permit. They could —
.Attorney Jarrard: Oh, heavens, no. They could use. it for a strict residential home.
CM.Moore: Okay; thank you..
Mayor Jamison: Any other questions? Councilmember Jacobus?
CM Jacobus: Yeah: Robyn, the home on Cogburn was approved for eight.
Correct?
Ms. MacDonald: That is..:
CM Jacobus: Eight residents?
Ms. MacDonald: Correct, yes..
CM Jacobus: .Arid they only have three residents there now?.
Ms. MacDonald: Correct, yes.
CM Jacobus: I guess my question and concern. is: Why are we doing. another one
when they. haven't filled this one?
Ms. MacDonald`. Yeah. I think that'll be a question for the.applicant.
CiVI Jacobus: okay.
Mayor Jamison: Okay;.. Any other questions for staff9 Okay. I guess we'll call people
in support first..
City Clerk: Yes, Mayor, I'd like to invite Ms. Tammy Urey, the applicant, to the
podium, please.
Mayor Jamison: That's 10 minutes a side. Is that correct?
City Clerk: Ten minutes .per side.. Yes, Mayor.
Regular Meeting of the Milton City;.Gouncil
September 6, 2023
Page 33 of:98
When I play back what some of the people opposed;. their reason.
why, it really touched. me. And that's why I decided to come. up
today. Urn in the. back field. I'm a contractor. I do the work. I do the
construction and things like that. But I decided to step up and speak
today because anybody in this room can raise their hand. If you go
to Cambridge. High School, there's special needs children there.
When..I was growing up, they were segregated from us.. They
couldn't come to the same school. Today we have become more
open and receptive. to others,
So, they're in school with us. They're in classrooms. They're in our
neighborhoods. They're not those people that you point over there
and say, "Those are those guys." So, from 1960 until. now,. the
transition -� And.I would hate to see that Milton is in opposition of
something that. we're trying to be inclusive: to. So, that's my`
comment; And I think. Robyn has. illustrated.everything we're about
to present to you guys today, but. she's done. an exeellent..job of
illustrating the use permit. This isn't a special use. It's a use permit.
And it's our intention to keep the business as small. and grow
incrementally.
Our son runs part o f the company, and he was able to convince his
college buddies to come join our team. Jan and Tiffany, Alabama
guys. If you're Georgia, hey. And then there's Josh over there: So,
he. brought all his friends to help support and grow this company in
the way that he.:grew up watching us -do it. And so, we're appealing
to you guys to vote on our behalf.
Mayor Jamison: Thank you.
Ms. Urey: By the way, I am Tammy Urey, and .I just want to say hello to
everyone. I don't. think that we're gonna take away by having the
four. individuals served on Hamby Road. We're actually gonna...
They're contributors. They're: loving. They're kind. They're
consumers. They're like you and I, vice versa. So, it's not gonna,be
a takeaway by having four individuals on Hamby Road. It will just
be. a positive of interaction. So, thank you all for hearing us.
Mayor Jamison: Thank you.
Ms. Urey: Any questions?
Mayor Jamison: We711 get the questions in a little later.
Ms. Urey: Okay, I'm sorry.
Regular Meeting of .the :Milton City Council
September 6,.2023
Page.35 of M
City Clerk: Mayor., the final support: and then we'II go into opposition— is Mr.
Richard Fanning. I invite you to the podium.
Mr. Fanning: Good evening, Council and Mr.. Mayor. My name is Richard
Fanning. This is my wife Aileen Fanning. We live at.38b5 Cottag.e
Drive in. Alpharetta,. Georgia. This neighborhood we live in is just
off Hamby Road, and we are. friends. with both Tammy and James.
U rey. We recently learned of their effort and challenge of trying to
start up a group.home: for disabled seniors here on Hamby Road.
Both my wife and I know the Ureys and their business to be an
excellent opportunity for disabled folks and their families to. have a
chance at Borne level of a normal life and home. We're in favor of
approving the zoning. variance.
There are other businesses on Hamby Road already; and I honestly
can't think of a better addition than that of assisting those who need
it. most. Disability can touch any one of us at any time and in any
way. It could be. a family member,. a friend, or even ourselves who
may require. assistance one day. It: is in our best interest as. a
compassionate and forward -thinking community to be proactive in
our approach to helping disabled live comfortably among us.
Moreover, we should. foster a culture of inclusivity and support
within our community. This. involves providing resources,
advocating for policies that. benefit people with disabilities, and
creating an environment where they feel welcomed, valued,..and
respected..
Mayor Iamison: Thank.you,
Mr. Fanning: Thank you.
Mayor Jamison.: That:concludes our supporters.
City Clerk: That concludes in support of.. I will now move into opposition.
Mayor Jamison: Okay.
City Clerk: I'd like to invite Mr. James Limbaugh to the podium, please.
Mr. timbaugh: Good'evening. My name's James Limbaugh. I live at 3305 Hamby
Road. And 1. just had a few points that I wanted to bring. to your
attention that you're probably already aware of, but I'll go ahead and
restate it. My biggest concern with this zoning request as permit
request is the:precedent that it's setting. Personally, I have no issues
Regular Meeting of .the Milton.City Council
September 6,. 2023:
Page 37 of 98
City Clerk: I'd like to invite. Mr. Fred Karr to the podium, please.
Mr: Karr: I'm Fred Karr. I live at 3309 Hamby Road,: which is right across the
street from where they're wanting to pelt the retirement thing, My
granddad bought that land 90 years ago. Hamby. Road was dirt. He
made sorghum syrup,. grew cotton. We: rabbit hunted when I was
five years old, plowed a mule right across the street. When we voted
to .go to, the City of Milton, we voted for horses. and cows.. That's
what they ran on.. I'm opposed to it because 'it'll be a change. Once.
this one's in, they're already talking about putting one behind it.
There's 22 acres for sale right next to it that adjoins. it.
I don't. know what the law reads on. if they can buy that land and do
the same thing with. that or `not. But I will tell you that house that
they're wanting to do this in only has three bedrooms on the main
floor. That's it. And it's on a well, and it's on a septic tank.. There's.
no sewer, not doom that road, no water. That well puts out three
gallons a minute. That's it. They want to put four people in there
plus other to do. handiwork or whatever, to look .after them, and
laundry. Won't support.. it. Septic tank won't support it. And like I
say, we voted for horses and cows.
We didn't vote to put retirement things in. I'm sure what. they're
doing is great. And I'm sure they have a lot of these., probably 29 of
them. And Ibet you that they got vacancies in more than one of these
buildings. So, we don't want to see it, Once it changes... This land
was passed down to my momma, to me. And once it goes to
changing, it'll tax.us out of there... We won't be able to keep the land.
Once the buildings. come in, we're done. Where do we go? There's
nowhere to go. At. our age., we got doctors to go to. We. gotta move
way off, get somebody to drive us.
So, we're opposed of it, because we know what's coming. It'll. be
one right after another will come down through there. And what
they're doing.is fine. We just don't need it. on Hamby Road. We
don't, So, like I say, I'm sure they got other facilitiesthatwould
.hold four people. That's all they gonnaput in there is four. And they
going on about 29 of them,. give:or take some.. And I'll bet you they
could put them right. there. and not mess up a little piece. of heaven
that we have. Our granddaddy bought almost 70 acres Here 'for
$..2,3.00.00, and it had a house on it and. a 500-pound bale of cotton.
And this is where we are now. We're changing,. but we're not
changing in a good way. Were changing in a way that's gonna bring
more businesses and more people. People's okay. But the businesses
Regular Meeting.of.the Milton City Council
September B, 2023
Page 39 of 98
Ms. MacDonald: Correct. And I just. want to reiterate you can't build one right next
to it, They have` to be least a quarter mile away from each other.
So, I know that's not a huge distance, but it's not next door.
CM Mohrig: Yeah. That was one ofrny other questions, because.there.was a point
of it's gonna proliferate, There's gonna be these type of houses all
around. And I think what I Beard the. original. gentleman speak, Mr.
Urey said that the. House that they have right now, they got a permit
for eight, but that was with going to have new structure built to it.
They can't. accommodate eight. in the. structure."that they have today.
Ms. MacDonald: %Correct. That's . what he was: saying, that .it's 1,000 square foot
structure. And it doesn't work out at this point in time to expand or
to add the proposed. additional building.
CM Mohrig: Okay. Just a comment.. I don't know if we're. at a point where we
can make comments.
Mayor Jamison: Sure.
- -� CM Mohrig: I've got .a very dear friend who has a 42-year7old son who's. 6'27
,
who has intellectual disabilities because of something that happened
at birth.where the person didn't get the oxygen. Very nice man, but
his father,. -now in: his 70s, is concerned because he still. has to take
care. of that son. And the concerned what happens when they
pass. My view on some of these things is we truly are going to be a
complete community where we look at people, riot just people that
are just like us, but.people that are out there in the community that
need help... To me,. I think this is something that. actually speaks to
a need that's there.
In fact, when we as a council did senior housing when this category
came up, because. people were saying there's some single older
people.that need some assistance but still can be independent.. And
that also required, just as this does., someone to live there or to. be
there, not to live but to be there to help. It's not just people living
there like an apartment. It's. someone being there. to help.. And I
know in the past in America, people used to be institutionalized.
That's what would happen when people got to this .type of... When.
the parent couldn't take care of them,. they were turned over to the
state.
To me, I think this is a much more compassionate and more in line
with what we said we want #o be from a total community, not just
an exclusive community. I think this. is something. that., from my
Regular Meeting of the Milton City Council
September 6, 2023
Page 41 of 98
towards the street. It would encroach on the buffer to go behind the
house to add one more bedroom. It's too much to create a stem wall
to build up and bring the house and add it on. So, doing all of that
just didn't make sense for one more individual. That's a business
decision.
Two, we cannot build next to each other. We cannot move another
home right next door. The state requires that. It's a community
living arrangement so that these individuals are part of, instead of
them being pointed out that across the street on Hamby Road we got
29 homes over there with 29. They want it seamless, and that's the
intent of the state, and that's the intent of even the zoning
requirements. It's just as we're asking for.
CM Cookerly: All right. I appreciate --
Mr. Urey: We don't have 29 homes. This is our second here. We have the
training facility in the city of Alpharetta. So, during the day, when
someone that ages out of high school, their parents goes to work.
Right?
Ms. Urey: They work on activities.
Mr. Urey: So, then they come to the training facility that we have in Alpharetta,
downtown Alpharetta. And there's a training facility there. We train
them and so forth.
CM Cookerly: I'm just gonna interrupt because you've covered the things that
were, I think, of interest and that needed clarification. Oh, go ahead.
Sorry.
Mr. Urey: Anything else?
Mayor Jamison: Do you have any other questions? Any other questions?
CM Cookerly: Yeah. I was gonna make a couple of continents. So, I appreciate the
gentleman said earlier that it certainly is a noble cause. And it tugs
at all of our heartstrings. I certainly have an obligation to think
through what those in opposition feel about the situation. So, there's
nothing like an on -site visit. I couldn't find your property the other
day in the pouring rain. But if you wondered who was stalking you
today by coming up in your driveway, because I wasn't sure — I was
in the left driveway — if I was in the right area. And with all respect
to those in opposition, I think I see it this way. I understand Hamby
Road. I've been here a long time,
Regular Meeting :of the Milton City Council.
September 6, 2023
Page 43 of 98
Councilmembers: Aye.
Motion and Vote: Councilmember Moore moved to approve .Agenda Item No.
237184 with. staff recommended conditions. Councilmember Mohrig seconded
the motion, The motion. passed (7-0).
Mayor Jamison: Any opposed? Thaf s unanimous,. Thank: you. Okay. Will the City
Clerk please sound the next item?
City Clerk: Mayor, the next item is consideration of RZ23-04, a text amendment
to amend Chapter 64 as it relates to flag. lots. The first presentation.
was at. the July 24th regular meeting, zoning agenda at. the August
7th regular meeting, and then deferred to tonight's. meeting. It's
.Agenda Item No. 23-18.5. Michael Cardamon.
.Mr. Cardamon:: Should I wait.until the Mayor gets hack?
CM Cookerly: Always a good idea.
Mr. Cardamon: Ask questions.
CM Cookerly: It. certainly can't Burt.
[No dictation] 101:45:32—1:46:12]
Mayor Jamison: You could have started without me.
CM Cookerly: Never.
Mr. Cardamon: All right. Good evening,. Mayor and Council. We are here tonight
for a land use project from the short-term work program, perform
due diligence to implement restrictions on flag lots. Deciding is
RZ23-04, a text amendment to amend Chapter 64 as it relates to flag
lots..
The 2040 comp plan started in 2020. CPA.0 was tasked with
providing flag lot input during the comp plan meetings. In October
2021, the 2040 comp plan was adopted by the. Mayor and Council,.
From March to September of last year, staff completed our research
in. the. project scope. Last: October, we received feedback from.
Planning Commission where they recommended pivoting flag lots
citywide:
Regular Meeting of the Milton City Council
September 6, 2023
Page 45 of 98
lots.shall be prohibited in the City of Milton as they have been in
adjacent .communities with Alpharetta, Roswell, and; Johns Creek.
We recognize that we want to retain the beauty of Milton that was
called out numerous times by citizens of Milton, and we do not warit
to give that.up and become an Alpharetta, Roswell, or a Johns Creek.
Flag lots are specifically addressed in the 2040 comp plan on Pages
102, 103, 107,. and 174.
Here's, a brief overview of minor versus major subdivisions: A minor
subdivision is no more than three lots or any number of lots that are
three acres or more in size, and a major subdivision has four or more
lots, curb and gutter, road dedication, and at least one dedicated lot
for stormwater. And these lots are all less then three acres in size.
Text amendment staff recommendations: Flag lots are prohibited in
major subdivisions. A flag lot she be a minimum of one and one
half acres in size. The stem of the flag lot shall constitute no more
than 10% of the total lot size.
Here is the text from Section 6477 detailing the proposed changes.
Prohibit flag lots in major subdivisions citywide, again, which is
universally accepted by everyone at the flag. lot discussion meeting
back. in February. We.believe flag lots in major subdivisions would.
not meet CPAC's vision and would be used as a tool by. developers
to maximize their lot yield.
1.5 acre minimum.. lot. size requirement. You can see how the.
footprint of the house is not built setback to setback like the one -
acre flag lot example from earlier. You can truly visualize that extra
space and lower appearance of density.. And finally, a maximum.of
1 0% of a total lot size can count: toward the flag stem. As you can
see in the 1.5 acre example, the. maximum stem length is 400 feet,
which can make up 10% of the total lot area when you have a 1.5
acre size flag lot. If you want a longer flag stem than 400 feet,. you.
need. to make the buildable area after the stem bigger to make up for
the. longer stem.
In summary, staff is proposing what we believe is not only`a middle
ground solution'but the minimum changes needed to meet our goal
from the short term. work program, meet CPAC's visions, and to
preserve Milton's rural character. Any questions for staff before you
open to the public?
Regular Meeting of the Milton.City Council
September 6, 2023
Page. 47 of 98
CM Cookerly: Hello. So, previously,.we had some discussion in this scenario.about
adding a provision to be able to go to BRZ for one one -acre lot in.
this scenario. Is that. feasible? And how does that affect this
configuration?
Mr. Cardamon;. Yeah, And any request that is not below the minimum district
standards -- which. in AG 1 is one acre — you can seek a variance at
the Board of Zoning Appeals. So;, if the 1.5 is approved, from 1.5
down to l.l, you could. seek a variance to the size and take your
hards hips. in. front of the BZA and make your case.
CM Cookerly: Okay. So, that exists without the need to put that language in?
Mr. Cardamon: That is correct.
CM Cookerly: :Okay.
Mayor Jamison: Councilmember Mohrig?
CM Mohrig: Just to clarify,: three acres, three homes Or less, minor subdivision..
This is saying you could use. flag lots, or that's what the
recommendation is. If `it's four or more, it goes into the major
subdivision. And we've already voted to eliminate flag lots from
.major subdivisions. Is that correct?
Mr. Cardamon: That's correct. Unless they're three acres or more. Then they can
have as many as they want. But yes, with a large lot incentive.
Mayor Jamison' And Michael, on this description here on this, what'.s the yield
without the flag lots? Just orie because it's so narrow? If flag lots
was. prohibited, is the yield one?
Mr. Cardamon: Well,. the lot width.— I'm on the site plan — is. around 170.. So, yes, it
essentially would be one lot, because the lot width requirement
currently is 150 feet.
Mayor Jamison: Okay. Curious, All right, Councilmember Johnson.
CM Johnson: Do you know about.how many properties in. the City of Milton this
would be affecting, I guess?
Mr. Cardamon: That's a great question.. There. are currently I have a slide for it —
350 parcels in the city that are on exterior streets that are three acres
or more in size.. So, it's not a huge number when you consider the
Regular Meeting of the Milton City Council
Sep tem ber 6, 2023
Page 49 of 98
roads from people that have property. They've held onto it for a.
while. If they want a child, then build behind.... Well, if we restrict
the ability of having flag lots; the ability to get back there, it.
basically renders their property undevelopable except for the house
that they : already have. That was, I think, when we started. talking
about this. That from a property rights, .1 think it makes: sense to
allow:flag lots for individual homeowners that: have larger parcels,
because then they have the chance to. actually do. — And I know you
can go to other counties.
Some places have built their family compounds because. they've
been able to have other homes of family mernbers.live close to them..
There's maybe more of a trend of seeing that happen in. America
than what used to so, I'rn in favor. I think the compromise that.you
guys have brought forward versus just saying we're not gonna allow
flag lots, especially on. open road lots.
Mayor Jamison: I think we're. kind. of jumping ahead. I know we have a whole
presentation here, but... Yeah, shoat.
Ms. MacDonald: Can I just throw in a little bit? Recent trending, we've had. about
three different minor plats. They're not necessarily flag lots, but they
were minor plats. They were four or five acres,. subdividing. into
three lots, maybe one and a half, two each. And: what do you. know?
They call us back up,. "Vise want. to dissolve those property Iines.
Instead. of three lots, we want two, or we want one."
So, I can't predict, the future., but I'm just saying property's more
valuable to people, I think, now as. -larger lots.. We even had a large
lot subdivision on Thompson that was a .great scenario. And there.
was a property owner who found it and were dissolving all the lots
because she wants an estate on 18 acres instead of what was already
there. So, just for information.
CM Jacobus- Good for her.
Ms. MacDonald:. It doesn't predict the future, but it's just been an. interesting trend
we've seen in the last couple monthsof people wanting larger lots,.
So,. it may impact the possibility of how often will there be. flag lots
other than in the scenarios with families. Obviously,, they want to. do
that.
CM Cookerly: Thank you for that anecdote. It gives me hope.
Mayor Jamison: Councilrnember Moore?
Regular Meeting:of the Milton .City Council
September 6, 2023
Fage..51 of 98
Mr. Cardamon: No, that's all the. --
Mayor Jamison: Do we have any .public comment?
City Clerk: We do,:Mayor.
Mayor Jamison: Okay.
City Clerk: I'd like to invite Lauren Holmes to the podium, please.
Mayor Jamison: Okay. Now, are we doing support and against on this, since it's a
zoning item?
City`C...erk.. .1 had two, and they did not mark if they were in. support. or .in
opposition.
Ms..Holmes: That would be against.
Mayor Jamison: Okay. Do we have. any in support?
Attorney Jarrard: We gotta hear support first. It's on the agenda and all.
Mayor Jamison.: Anybody in support? Okay. Ah, sounds good.
Ms. Holmes: Lauren Holmes,..1.3900 Hagood Road. I added a few little notes' on
here.. after y'all spoke. So, I may be running..around.here. and there.
So, part of the CPAC was y'all talked about affordable properties.
Last October, if a family looking far an affordable lot to build on
could find a one -ache. lot 100 feet wide that had a septic system that
perced, they could have built their hornet
These are just some of the restrictions in Milton now: A 40-foot rural
view shed, a 75-foot.stream buffer where the state only requires 25
feet,. architectural restrictions throughout Milton, a second structure
restriction extending the width of'an. A01 lotto 150, and now flag
lots. I can agree with no flag lots and major parcels. Today you are
offering a,-lotof minimum of one and a half acres. and a stem of no
more than 10% and 150-foot lot width. You have just devalued the
land and,. in some cases, required the Land to be two and a half acres
or more due to the possible length of the stern. Now that is. not.
affordable.
I believe there should not be any restrictions on minor plats with flag
lots. There should be.a one -acre minimum excluding the stem, no
maximum on the stem, and 10:0-foot minimum lot width, and.let the
Regular Meeting:of.the Milton City Council
September 8, 2023
Page 53 of 98
described it earlier, it's. still okay. It doesn't. have to go to. BRZ. to
.get sort of exempted as a.one-acre lot.
Ms. MacDonald: So, in this example here, I guess l was just speaking of this front. lot.
This is not considered a flag lot. But let's say the existing structure
was in the middle of the overall property. Then that would be
considered. To get to it .in a legal. fashion, you would need to have
one and a half acres. So,, you would just adjust everything. So,
you're looking. at one and a half, one and. a half, three: So., you would
need minimum of four acres to get a lot yield of three lots that would
look like this.
CM Cookerly: Okay. But previously, some interested parties wanted there to be; in
this. scenario, the opportunity to have one .one -acre lot for the sole
purpose that perhaps there was an older couple with a home. But. in
order to meet the requirements on a small lot, on a small parcel,
would be able to be exempted, would be able to have that and then
go to. BRZ with that.
Ms. MacDonald: It really depends on where that existing 'house sits, like what I just
said. If it sits in: the front, then it can be an acre. But if it sits toward
the back, and you need a flagpole to get to it, then it would have to
be one and.a half acres, according to what we're proposing.
Mayor Jamison: And I understand that. And sorry to interrupt:. But I think the
premises of this is we're already putting— These are some pretty big
restrictions. And for someone who has already lived here who has
that house who wants to. add on maybe to son or daughter that moves
into get that extra flag lot, I.don't think we should make that:existing
structure all of a sudden a one -and -a -half acre minimum. I think that
existing structure should probably stay at one during our current.
standards. That's lust —
CM Cookerly: Or be able to go to BRZ to get that opportunity.
Ms. MacDonald: Cr BZA; yeah.
CM Jacobus: They shouldn't. have to ,do that.
Mayor Jamison: Yeah. I don't think that —
Ms. MacDonald: I mean, unless you....
CM Cookerly: Well, I agree with that.
Regular Meeting of .the. Milton City Council
September 6, 2023
Page 55 of 98
Ms. MacDonald: No. There's some kind of crazy configure — We have flag lot
flagpoles going over lakes to get to the other side of a lake.
[Crosstalk]
Ms. MacDonald: But the access is through another way. So, there's very bizarre kind
of scenarios that have happened in the past.
CM Vlohrig: But the question on that, Robyn... I think I know some of those
Parcels. I've been on them. But aren't those things that. have been.
before we were even the City of Milton?.Have people come forward
and said, "oh, 1. want to do this: I want to do this kind of crazy flag
lot?" I know we have a number of them along Bethany Road, and it
works fine for the people that... I guess I'm trying to. think back to
what Lauren Holmes said. The septic portion is gonna dictate
whetheror not. --.Let's say I've got a three -acre. lot,. and I've got one
home in the front.
And then. I want to :build potentialiy.two in the.. back or subdivide,
but I have to get the stem to get back there. But if it won't perc, and.
�. you don't limit. it on what the size you can actually build with
impervious, pervious... I.guess I'm trying to rethink to say, why are
we going with one and a half acres? What's the magic of one and a
half acres? So, I know that would limit it if we've got someone who
has like.a three acre or a three and a half acre... At that paint; we're
making them get just two lots or one additional lot parcel if they
have a house in the front.
Mayor Jamison: To Councilmember Mohrig's. point, where did we. come up with 1.5?
I mean give us some. of the...
CM Cookerly: Yeah, please. You're the expert..
Mayor Jamison: Discussion on that.
Mr. Cardamon: Right. So, I think a lot of where we. landed came from the flag lot
discussion meeting of February where we had so many existing
horse farm owners there that had large lots. And it was a great
debate, and it. was like a two=hour discussion. And we had
conversations with both sides. And I think what we. found is we
landed on 1.5 acres. It was the minimum amount we could shrink it.
to that would meet CPAC's goal of lowering density throughout
Milton.
Regular Meeting of the Milton City Council
September B, 203
Page 57 of 98
all of those variables that have been discussed ad nauseam in
multiple meetings to get us to here. And for us to renegotiate tonight
.as a table of seven, although it's our right — we make the final
decision to disregard some of those countless hours where
.community input. has generated this outcome; I think we're doing
the community a disservice. by not supporting what's: before us
tonight in the recommendation.
Mayor Jamison: So, to :go hack to the original question, what is the demand? So,
you're not seeing a. demand right now on. these type of
developments. Is that correct, or am I:,.?
Ms. MacDonald: No. Yeah, I mean there's not a —
Mayor Jamison: I just:want to know do we have a current problem?
Ms. MacDonald; It's not like we have a. big line out the door wanting to subdivide
into flag lots. I think to Couneilmember Jacobus's point, what we're
:finding. is that, especially on public .roads, we have a 20% lot.
coverage. Meaning that. the house footprint, the driveway, the
swimming pool, the swimming pool deck, you know....
Mayor Jamison: Guesthouse, pool house.
Ms. MacDonald: All. the other accoutrements that they want to have on their lot
exceeds 20% . And what that. is doing is it's kind of expanding the
.size. Okay, yes. It's one acre we're allowed. But really, to fit
everything. we want, we: need more acreage. And what we've seen
in. subdivisions, we see lots. Right? We see lots of variances for lot
coverage when it's just one acre. And so, I think that's why that'
driving my previous comment about how we had minor plats created
and then more recently wanting to come. back and: combine it: either
to. two one lot. But no, we don't really have a huge demand the last
couple years for flag lots.
Mayor Jamison: And :Michael;. real quick, can. you go Back to the staffs
recommendations? Because, I definitely am in the middle, and I hear
both sides of this., for sure. I do believe the existing. structure, if
you're a resident that's been here. for a while, I do believe their
minimum should be one acre, and any other extra lot should be 1.5.
I don't think the whole true meaning, what we hear on these
arguments. for these flag lots is allow me to stay here, and let's build
a place for my daughter or father or something.
Regular Meeting of the Milton City'Counei[
September 6,.2023
Page. 59 of 98
want to be careful, Ken, because that wording- is .gonna work with
everything. I mean.I don't wanna mess anything up. Okay.
Attorney Jarrard:
Right.
Mayor.Jamison:.
Okay. No further council. discussion. I'll open up fora motion.
CM Cookerly:
All right. Where is it?
City. Clerk:
23485.
CM Moore:
Yeah, 23-185;. bottom of Page 4.
City Clerk:
Page 4..
CM Cookerly:
Ready?
Mayor. Jamison:
Yeah.
CM Cookerly:
Mr. Mayor, I make a motion that we approve Agenda. Item. No.. 23-
185.
Mayor Jamison:.
You want to. add any additional?
CM Cookerly:
Well, yeah. So, if you could —
Attorney Jarrard:
It's up to y'all.
CM Cookerly:
Yeah. But. how do
[Crosstalk] [02:21:06]
Ms. MacDonald-.
So; if you don't make. any amendments, then it would be whatever
has been presented.
CM Cookerly:
Well,: so, let's make the amendment.
CM Jacobus:
The amendment would be the owner of the property is permitted to
have .a one -acre lot, no matter where that house is.
CM. Cookerly:
That's what I brought up at. the very beginning of the discussions but
that would not need to. go to BR,Z. It would be...
CM.Jacobus:.
It would be [inaudible - crosstalk] [02:21:29].
Regular Meeting of the Milton City Council
September 6, 2023
Page fit of $8
Motion and Vote: Counci€member Cookerly moved to approve Agenda Item No.
23-185 with the amendment that the originai structure be exempted from a 1.5
acre lot requirement to a minimum of one (1) acre.. Councilmember Moore
seconded the motion. The motion passed: (7-0).
Mayor Jamison: Any opposed? That's unanimous. Thank you, Robyn. Thank you,
Michael.
CM Cookerly: Michael, thank you.
CM. Mohrig: Thanks.
CM Cookerly: Thank you, Robyn,
Mayor Jamison: Okay. Will the City Clerk please. sound the. next item?
City Clerk: Mayor, that next item is consideration of RZ23M, a text
amendment.to amend Chapter 64 as it relates to retaining walls. First
presentation was: 'at the July 24th. regular meeting, zoning agenda at
-�. the August 7th meeting, and deferred to tonight's. meeting. Agenda
No. 23-186. Our zoning manager; Ms. Robyn MacDonald.
Ms. MacDonald: Thank you. Tonight, we're gonna Have a. discussion on retaining
walls. It's RZ23-05, a text amendment to amend 64 as it relates. to
retaining. walls. Since. the adoption of the retaining wall ordinance
in 2016, staff has found. minor issues with this ordinance that either
need to. be clarified or minor changes be made to strengthen it. In
addition, staff wanted to give more specific regulations to wing
walls.
The proposed minor changes. are 1) To create a definition for
retaining walls; create a definition and standards for wing walls,
clarifies how a wall's finish should be Gonstru.cted without naming
manufacturers or Brand. names and requires the city architect's
approval; to delete the requirement. to. bring all retaining malls to the
Design Review Board, which has the support of the DRS and
clarifies that walls above four feet in .Height requires engineer
drawings. Staff has also amended. the various locations of the text
where retaining wall are mentioned to refer to Section 54-2403,
retaining walls to provide consistency throughout the code.
Additionally, staff has corrected the fencing requirements where
necessary to be consistent with amendments approved by the
council in February of 2022. So, in regards to the new definition, we
Regular Meeting of.the.Milton City Council
September 6, 2023
Page 63 of`98
Ms. MacDonald: Yeah..
CM Mohrig: But that's six: feet minimum or maximum, but it can't encroach into
the 25-foot setback.
Ms. MacDonald: Correct. So; you can't go into this whatever.
CM Mohrig: So, the setback still.retains. the six feet.
Ms. MacDonald: This. where it says. C or B or D.
CM Mohrig; Got it.
Ms.. MacDonald: Yes, yeah.
CM Mohrig: Okay, thanks.
Ms. MacDonald-. Yeah. Staff will nowwalk you through the entire text amendment to
show the changes being proposed since the published packet. in July
and August. So, your packet did not contain any updated verbiage
per the city attorney. So; I just wanna walk. through,. if you so choose
to approve tonight's text amendment, what it would be changed to.
So, on Page 2 of the draft, we have at the. top to delete that definition
of retaining: wall, because it already exists further into the text. We
skip to Page 21 under the. actual retaining wall section. And. let us.
go down to 2B, and it's: anew section of wing walls. And wing walls
are permitted up to 10 feet in exposed height. So;,. that's in addition.
And then number little. two, a wing wall must be a minimum -that's
not. new, but I'll. go ahead and read it — must be a maximum of four -
to -one slope and riot exceed 10 feet. So, that should be changed from.
three -to -one to four -to -one. and to exclude not to exceed 1.0 feet in.
length. And then little three, any wing wall or portion of awing wall
above six feet in height shall. be located outside of the minimum yard
of the applicable zoning district or. transect zone. And then.lastly, in
four toward the bottom. of the page, add modular block walls are
.prohibited.
CM Moore: Robyn, before you goon, if you don't mind me clarifying something
you said. earlier. When you were using Tracie's drawing an the
proposed minor changes,.I think I heard you say that the I0-foot
height wing wall can be no more than 25 feet. taper down at a.four-
to=one slope.and for no more than a distance of25 .feet in that taper
Regular Meeting of .the. MiltonCity Council.
.September 6, 2023
Page 65 of 98
CM Moore: Your drawing, I think,:.is wrong,
Ms. MacDonald: So, I think. it's just the description to the left, but the actual draining
is correct,. because there's no maximum.
Mr...Buscemi: The drawing is correct.
Ms..Macponald: Yeah. So, that's my oversight.
CM Mohdg: Ten feet high, maximum 25 feet. length for that section of'wall.
Ms. MacDonald: Correct.
Mr. Buscemi: That's correct.
CM Mohrig: Then it needs to go down.
Mr.. Buscemi: As long as that: section of wall is not encroaching into a side setback
or any setback.
CM Moore: Right.
Clef Mohrig:. Okay.
Mr. Buscemi: But the actual wall —
Attorney Jarrard:
But that's the. limit. That's the limit. You can't go further. than that.
Ms. MacDonald:
Right.
Attorney Jarrard:
So, that's the limitation..
Mr. Buscemi:
That's the limitation.
CM.Jacobus:
Yes. It's not the length that's the limitation. It's.. where the setback
is that's the limitation.
Mr. Buscemi: That's right.
Ms, MacDonald: But then it can be six feet or lower within the setback.
[Crosstalk] [02:33:04]
CM.dacobus: That'd be: real long.
Regular Meeting of the Milton City Council
September E, 2023
Page 67 of 98
Mr. Buscemi: Exposed.
Ms. MacDonald:. Exposed.
Mr, Buscemi: And that's our current code.
[Crosstalk] [02:34:31]
Ms: MacDonald:. No, no, no. You're good. No..
[Crosstalk]
Nis. MacDonald:, Okay. And to Page 22, we have this new version of the exhibit that
will be inserted.. And then under 3A, we're adding toward the end of
the sentence; "Terraced and wing walls shall be measured in the
same manner." And then in B, walls within yard setbacks or
retaining walls allowed up to the. property line in side and rear yards,
except as prohibited in Section 64-2403 2133 for wing Walls. So,
that's the exception that a retaining wall is allowed up to the
property line in a side and rear yard, but with the wing walls it has
to be six feet, which is basically clarifying that. And then in. 3C,
foundation —
CM Moore: But Robyn, before you go on, though, can you help me. with your
fact that the terraced walls...?
Ms. MacDonald: Terraced. So, we're down to E now?
Mayor Jamison: What are you on, Paul.?
Ms. MacDonald: Oh, on B. Oh.
CM Moore: I'm.just still on the addition of wing. to terrace. Okay. Let's: keep
going. We'll come back to my question.
Ms. MacDonald: Yeah, Okay. So, the next one would be. Q Foundations. No part of
the retaining wall or wing wall foundation. shall extend beyond the.
properly line or into the rural view shed.
D) Fall Protection: All retaining or wing walls four feet greater in
height shall be required to provide fall protection.
And then under E) 1) Terracing: Minimum separation between
terracing wails must match the highest segment of the highest:wall.
So, that was not a change. That had. already been there, We Were just
Regular Meeting of.the Milton City Council
September 6, 2023
Page 69 of 9B
any of the. wing walls. to be of brick or stone,. but they can't be
modular block, so to protect those.
CM Moore: Perfeet. Thanks, Bus.
Mayor Jamison Councilmember. Moore, it.'s like a .flashback totally. I remember
when we first talked about this 12 years ago. Little scary. All right.
Ms. MacDonald: Okay. Bernadette pointed something out. And on Page 21 --- and I
apologize for this — delete B2 in its entirety, so everything will be....
So, that's why it was. a little confusing. So, a wing wall must be a
maximum of three -to -one slope and shall not exceed .10 feet in
length. We're. deleting that in its entirety.
Ms. Harvill: The reference in the next section would be 2B2.
[Crosstaikl [02-40:0..51
Attorney Jarrard: That means. 2133 controls the length. as opposed to. 282.
City Clerk: But we still need the four -to -one slope.
Mayor Jamison: Ken, you taking notes. on that? You goad? Okay.
Attorney Jarrard: I got it.
Mayor. Jamison: Okay, all right. Thanks,
CM Jacobus: I'm. glad you do.
Ms. MacDonald: So, we were at the bottom of 22.. That was. just pointing out the.
terracing that was already there in the amendment. And then in Page
23, allowing wing walls to. be higher than six. feet. A height
limitation, no single retaining wall shall exceed size feet in height at
any point except as allowed in the section that was previously
referred to allowing it to be. 25 feet. And. then —
CM Moore: W`aii. In height?
Ms. MacDonald: What's that? Width..
CM Moore: Width, not height. Correct?
Ms. MacDonald: It's the height..
Regular Meeting of the. Milton City Council
September G, 2023
Page 71 of 98
CM Moore: Six feet in height,: 25 feet,
Attorney Jarrard: Well, up to 1.0.—
[Crosstalk] [02:43i16]
Ms. MacDonald: It's 10 feet at 25 feet.
Attorney Jarrard:.
Up to 1.0 feet for 25 feet...
[inaudible - crosstalk].
.Attorney Jarrard:
And then it has to do the four -to -one. And then really,: once it gets
to four -to -one, then it's if you're above six feet, you cannot go past
the setback. If you were less than six feet, you -
CM Verhoff.
Then.you can.
Ms. Haxvill:
That's a four -to -one .slope to the setback. Right?
. Attorney Jarrard:
Right.
Ms. MacDonald:
Oh, you know what? Reading my note. So; in BA, I say wing walls
are permitted up to 10. feet in exposed height for a maximum
distance. of 25 feet and then sloping at a maximum of four -to -one
slope to a maximum of six feet in height..
Attorney Jarrard:
Beautiful. That's beautiful.
Ms. MacDonald:
There it is. I had it there the: whole time. I'm sorry.
Attorney Jarrard:
Just wrote it perfectly..
[Crosstalk] [02-43:571
Mayor Jamison:
All right. Can you repeat that one. more time for us?
Ms. MacDonald:
Yes, yes. It's in the comment.to the right on. Page 21 here:.
Jan Jacobus:
The righthand .side there.
Mayor Jamison:
Oh, got it. Yep.
Regular Meeting oftfhe Milton City Council
September 5, 2023
Rage 73 of 98
Ms. MacDonald: So; I think we have. to remember that this 25-foot height is only
applicable when it's a structural attachment. to a house. It is not a.
freestanding .25.-foot wall to create a backyard. for somebody.
CM Moore: Right.
Ms. MacDonald: It could only be terraced. The maximum. would be two six-foot
terraced walls just free floating. Yeah
Mr. Buscemi: Just so it's perfectly. clear because she keeps saying 25.. height.
CM Moore: It's.10-foot height.
Mr. Buscemi: The maximum height of a wing wall— let's make sure it's clear is
10 feet.
Ms. MacDonald: Oh, I'm sorry:
Mr. Buscemi:. If it's attached to the building.
Ms. MacDonald: I'm sorry.
Mr. Buscemi: I just. want to make sure I get it. right.
Ms.. MacDonald: I'm sorry. I'm totally --
Mt. Buscemi: It's 10 feet maximurn. height.
Ms. MacDonald: Yeah, 10 feet.
Mr. Buscemi: For a distance of 25 feet.
Ms. MacDonald; Twenty-five feet. Yes, thank you.
Mr. Buscemi: Horizontally,. and then going to a four -to -one slope, and then you
can continue with your six-foot retaining wail.
CM Moore: There's no 25-foot height anywhere.
.Mr. Buscemi: There's no 25-foot height anywhere.
[Crosstalk] [02:46:51]
Ms. MacDonald: But I'm just sayingthat you can't. just create a.10-foot retaining wall
freestanding. So, that's.what.I meant by the 25 feet.
Regular Meeting of the Milton City .Council
September6, 2023
Page 75 of 98
.I'm gonna. try to clarity the drawing. I'm a. little concerned about
scrivener's.error in this negotiation of what was on the screen. So,
I'm hoping we're gonna be careful aboutthe text, or were gonna
put in that the drawing supersedes the text, So, that being said, a
wing wall is attached to the primary structure or a other structure on
the property. It is not freestanding.
So, a wing wall attached to a structure can be 10 feet in height, and
it can carry that 10 feet of height. for 25. feet on the horizontal. Once
.it reaches that maximum 25 feet of length, it can .drop dawn at a
four -to -one slope; which is a manageable slope for a person of senior
years. So,.thai was. the design criteria to get away from a two -to' -one
.or a three -to -one. We do. not steed design criteria that sends people
falling. down a slope. So, we. go out25 feet, a max 10 to six, four -to -
one — four times four —16 feet. There.." s the number. I think you: were.
searching for, Mr. Moore..
So; once we get to six feet, then we meet all the other ordinance
criteria. Then :it can extend out for whatever the client or the
taxpaying citizen may need to create asa buildable lot. Anything
that's beyond the criteria that's existing of the six -feet height has to.
be within the building envelope, meaning outside the setbacks,. be
they the 25400t side. in a rural., a 60-foot front, 50400t rear..
Depending upon if you're in a different zoning classification, those
numbers will change.
So; from an aesthetic standpoint, it will have. to be brick. or stone.
And we had originally, I think; said match the water. table of the
existing structure,. So, that was the consensus from the meeting. 1.
really want to commend Bob and Mr. Krokoff for their attendance
in that meeting. And:.I think this is a very good compromise for both
aesthetics and structural integrity. I just am a little bit concerned of
what I saw on the screen. So, please proof it. Because as we have all.
seen, it's very easy to pass these. It's tough to get them fixed if
there's errors in them..5o, thank you for your time.
Mayor Jamison: Thank you. Do we have .any other speakers?
City Clerk: That's all.
Mayor Jamison: Okay: I'll close public comment. Any other questions or concerns?
I might let the City Attorney take a stab at this one.
Attorney 3arrard: Mr. Mayor, I. would. just have to.ask Robyn if we could put the first
page of the PowerPoint back. on. So, yeah. Well,. I said it wrong.
Regular Meeting. of the Milton City Council
September.6, 2023
Page 77 of 98
CM Cookerly: So, what you said as displayed in the first two comments on Page
21?
Attorney Jarrard:. That's correct,
M Cookerly:. Those amendments?
Attorney Jarrard: That's right,
CM Cookerly: Okay. Those amendments,. all right.
Mayor Jamison: Okay.. I'll open it up for a motion,
CM Cookerly: Mr. Mayor, I make a motion that. we pass No. 23-1.81.
Multiple .Speakers: OnQ eighty-six.
CM Cookerly: I'm sorry; 186. That's not a scrivener's .error. That's a oratorical
error.. All right. As with the two amendments as displayed and the.
.first two comments on Page 2.1, all other pages corrected, same.
CM Moore: Second.
Mayor. Jamison: Okay, Y have a motion from Councilmember Cookerly, a second
from Councilmemher Moore. to approve Agenda Item No. 23486
with the recommended changes.. Good? All right. Any discussion?.
All in favor, please say "Aye:" Aye.
Councilmembers: Aye..
Motion and Vote: Counciimember Cookerly moved to approve Agenda Item No.
23-186 with the. amendment that a wing wall, attached to a structure., can be 10
feet in height and it can carry those. 10 feet of height for 25 feet on the horizontal.
❑nce the 25. feet maximum length is met; then the wing wall can drop down to a
4.1 slope. (Amendment as referenced in presentation. (2) W. 'Wing walls are
permitted up to 10 feet in exposed heighf fora maximum distance of 25 fee tand
then sloping of a maximum of a 4:1 slope to a maximum of 6 feet in height. Delete
W.L. in its. ,entirety.) Counciimember Moore seconded the motion. The .mottion
passed (7-0).
Mayor Jamison: Any opposed? That's unanimous.
CM Cookerly: Thank you.:
Mayor Jamison: Thank you..
Regular Meeting. of the Milton C4 Council
September 6,12023
.Page 79 of 98
process from.three. and a half to four months. The new requirements
will not ,impact the primary various process. of six weeps. We
already had it kind of baked in for the Board of Zoning Appeals.. The
most. impact,is to applications. for demolition permits approvals :for
the Design Review Board.
Previously,: the. deadline for submittal. was one week prior to the
DRB meeting,. date. for demolitions, and building final review. Now
it is 42 days prior to the DRB meeting. After further review and
.consult with the city attorney, it has been determined that final
building approvals do not apply;. since they were only
recommendations to the Community Development Director and not.
a zoning decision. Based on that fact, the change in the text
amendment that. is shown below should be. adopted. tonight. So, in
this purply -pink area, Section 24-1022, was originally added to the
text amendment. And now we are asking this not to be included.
And everything else would remain the same with the proposed text
amendments.
What is the fiscal impact? I think this is: the first time I've ever done
this for a text amendment. The required additional legal advertising
will increase the line item for advertising from $9,1250.00 in Fiscal
Year'23 to$11,71100 in the upcoming Fiscal Year'24 budget with
an increased delta. of $2;463.00.
Mn Krokoff. That passthrough, Robyn?
Ms..MacDonald: I'm sorry?
Mr. Krokoff. Is that passthrough? Do we charge?
Ms..MacDonald: Yes. We double-checked it. Ifs in there. Yeah. Public participation
at the CZIM in April, there was one. member of the public who made.
comments, suggestions. on the proposed text amendment at the
Planning Commission. On May 24th, there was not a meeting
because of lack of quorum. And it was voted on recommendation on
July 26th. Mr. Paul Frickey from the City Attorney's office
presented the proposed text amendment to the Commission with the
change to name the Community Development: Director authorized
to accept.the service. on:behalf of the respondent, if there's an appeal
to Fulton County Superior Courtinstead of the chairs of the various
boards and. commissions and the Mayor.
This change has been reflected in a text amendment. There was no
one in attendance froin the public; and the Planning Commission
Regular Meeting of the Milton.City Council.
September 6,.2023
.Page 81 of 98
establishments that were. initially licensed on or before January 1,
2022, pursuant to. Chapter 4 Alcohol of the City Code of Ordinances,
will be considered. Public participation, the CZIM, there was.no one
from. the public.to. have. comments on this text amendment.
Planning Commission, again, because of the lack of quorum, it was
again heard or put .onto the July 26th meeting. They recommended
that after adding the use "limited food service restaurant" under the
Crabapple form -based code standards and tables, Table. 9, specific
function and use remain blank — and I'll have a picture of that in a
minute --- across all districts. By doing this, it would indicate that this.
use is not permitted in the city. The commission also requested that
staff investigate when the last time the only previously approved
limited food service restaurant paid.excise taxes to.the city.
To determine if only approved limited food.service restaurant. if the
only approved one had ceased operations, the.. city's Finance
department indicates that the last time excise taxes were paid was in
March of 2023. The commission unanimously recommended
approval of the proposed text amendment as presented with. staff
with the. one change to leave the Table 9 for limited food service
restaurant blank across all districts in the table. Staff notes that.by
eliminating it as an allowed use, the proposed use permit is not
needed, The proposed text amendment reflects these changes as.
recommended by the Planning Commission.
Just the proposed definitions that. we have before you, these
definitions.sit in Chapter 4 of the alcohol code..Limited food service
restaurant, any establishment that meets all the requirements of a
restaurant but does not meet the requirements of an eating
establishment. A limited food service restaurant must derive at least
30% of its total annual gross food and beverage sales from the sale
of prepared meals or food.
And in regard to. liinited .tap: establishment, any establishment that
does not sell the food prepared on the premises and that provides a
limited selection of craft. beer on tap for consumption on premises
only. An establishment with a limited tap Iicense is limited to having
five or fewer malt beverage taps Establishments with.a limited tap
license must limit consumption for. any individual. to a maximum of
4.8 ounces within a calendar day and must obtain approval from the
fire. marshal and building official in accordance with applicable
codes. So, again, same thing,. this was in Chapter 4 but was not
defined in the zoning code.
Regular Meeting of .the Milton City Council
September 6, 2023
Page 83 of 98
CM Moore: Okay. Thank you for.informing mp. Thank you.
Mayor Jamison: Any other questions? Any public comment?
City Clerk: We do not.
Mayor Jamison: Shocked you on that one. Surprise. All right. I'll close public
comment; and we'll open it fora motion:
Mr. Krokoff. Mayor, before you do, could I just ask one question?
Mayor Jamison: Yeah.
Mr. Krokoff: I apologize. Robyn, going hack to the language, you had for the
limited tap, not this; the previous section where they're only eligible
— Okay, yeah.. There it is, No. 10, No use permits to be considered
unless the. establishment was initially: licensed on or before January
l st, pursuant to Chapter 4. I think you'll also change the language
so that if the original ownership changed locations, that they'd be
able to --- That's. why this is going. into Chapter 64: Otherwise, we.
wouldn't need it at all.
We change the. language to include that notwithstanding this
division or any other provision of the City Milton. Code of
Ordinances, establishments holding a nonstandard consumption on.
premise license that was first issued on or before January 1 st, 2022
— and that's both of these types of licenses.— and that.further had no
changes to the ownership of the establishment. will be permitted to
apply for a new license for the sole purpose of relocating the
establishment. I think we.. need: that additional language in there. So,
this way the only remaining establishment, if. they were to move
again for some reason, I think you would. need other language.
Ms. MacDonald: They could. They would have to get a use permit. Yeah.
Mr. Krokof£ I agree with what Robyn said or what the Planning Commission
said. There is no need for the other permit that was being proposed.
In fact; I'll be back: before you with Chapter 4 edits in the future to
eliminate that from alcohol as well.
Mayor Jamison: All right. Good catch. Ken, are you...?
AttorneyJarrard: We can add that. Is your vision, Steve, that we would add that to the
Footnote 10, that language?
Regular Meeting of the Milton City Council
September 6,.2023
_Page 85 of 98
Mr. DPR-Ross: Thanks, Tammy. Good evening, Mayor and Councilmembers..
Tonight, we are asking for authorization to work with the city's
. attorney's office to exercise imminent domain. for Parcels 2 and 19
on the Morris Road project. The.graphic you will see on the screen
here shortly shows where we are. talking about tonight. This is the
southwest corner of the existing roundabout at Morris and Webb.
There is a gas station there along with a convenience store and
several small businesses. We began negotiation on this. property
with the owner and his representation in February. We were unable
to agree. to financial terms and several conditions that they had asked
for. Tonight, we are asking to move forward with the legal process.
and allow the project. to move forward while we continue
negotiation and hopefully avoid court. Any questions.?
Mayor Jamison: Okay. Any questions? Any public comment?
City. Clerk: There. are none.
Mayor Jamison: Okay. I'll.close public comment. We'll open up for a motion.
CM Jacobus: Mr. Mayor, I rnake a motion we approve Agenda Item. No. 23-242.
CM. Mohrig; Second.
Mayor Jamison: Okay. I. have a motion from Councilmember Jacobus, second from
Councilmember Mohrig to approve Agenda Item No. 23-242. All in
.favor, please say "Aye," Aye.
Councilmembers: Aye..
Motion and Vote; Councilmember Jacobus moved to approve Agenda Item No.
23=242. Councilmember Mohrig seconded the motion. The motion passed. (7-0)..
Mayor Jamison: Any opposed? That's unanimous.. Okay. Will. City Clerk please
sound.the next item?
City Clerk: The next items is consideration of a resolution.ofthe City of Milton,
Georgia to set municipal voting precincts and municipal polling
place. locations for. municipal elections, Agenda Item No. 23-243.
Mr. Steven Krokoff.
Mr. Krokof£ Good evening, Mayor and Council. I have a map that should be
coming- up for you shortly. Thank you. According to QC -GA 21-2-
Regular Meeting of the Milton City Council
5eptember6, 2023
Page 87 of 98
Mr. Kxokoff: That'.s correct. This is for election day. Early voting will all. occur
right here in this building.
CM Mohrig: Great, thank you.
'Mayor Jamison: Any public comment?
City Clerk: There is, sir. I'd like to invite Matthew Weiss to the podium, please.
CM Jamison: Okay.
Mr. Weiss: Good. evening, members of the City Council and Mayor. Thank you
for letting me speak this.evening My name's Matt. Weiss.. I'm the
deputy general counsel for the Democratic Party of Georgia. I'm.
here; first and foremost, because we'xe concerned about.making sure
that: elections throughout the state are freely and fairly conducted.
.And obviously, the setting of the: precincts in the city has gotten
some media attention. It's been on our radar: So, I just wanted to
.have the opportunity to. come . and address the city council this
evening:
Obviously, this is..a step in the right direction compared to the
previous maps that were proposed. I think initially there were two
precincts which was down from nine, I believe. When the county
administers elections,. we shared concerns of various voting rights
groups that raised issues about that being a: substantial polling
consolidation, concerns about not having a. precinct in the
southeastern portion of the city where I think they've estimated
between 30 and 50% of the residents were persons of color.
So,.obviously, we appreciate that another precinct was created with
the Voting of the Milton Public Safety Complex being in that
southeastern part of the city. But. the concern is that there's still, I
think,. room for improvement. With respect to early voting,
obviously, Having it in only one location in the county I think is less
than ideal. It's in the southernmost tip of the county:
When you're looking at these types of polling closures or
consolidations, you have to think about how it: effects the most
vulnerable members of the community, people that may be elderly,
may not have a car, may be relying on mass transit. And SO,
obviously, .one early voting location for most days is only.gonna be
open 9:00 to 5:00, which is regular working hours. I believe it's only
five of the 17 days that it'll be open at 7:00 a.m. And the final three
days;. it'll be open until 5:00.. State law allows you to keep it open
Regular Meeting of the Milton City Council
September 6, 2023
Page 89 of 98
Mayor Jamison; Okay. I'll close public comment.
CM Moore: I have. some comments I'd like to make.
Mayor Jamison: Yeah, sure, yeah.. Councilmember Moore?
CM Moore: I'd just like to take a few minutes and revisit this for the purposes of
understanding how we got here. And it's been.a.protracted process,
and it's been under a great.. deal of scrutiny. And just go back and
take more than & few minutes to understand how we got here and.
why we got there and why this has been so contentious. Think back
to the very beginning. We looked. at creating feasibility study ,done
by the city. Really; the instigation of that was because of the costs.
that Were. gonna. be forced upon us by Fulton County.
As the City Council,: we. took a responsible decision to determine
whether or not, looking at process and at cost, whether it was a
project that we could or should take on as a. city to conduct our own
.municipal elections. After some deliberation, we :created the
committee,. which has come under a great deal. of scrutiny as to
--� whether there were secret meetings or public meetings. And I think
that has been asked and answered several times. Hopefully, people
have gotten to the comfort level that there were no secret meetings.
They were always available for consideration by the community.
.As to. the aspersions cast on this council for our consideration of who
should. participate in that, it's quite remarkable tome that somebody
hasn't. stopped and.taken a. look at the facts that, at the time; we were
a council. in transition. We had had the recent election in November.
This committee was. created shortly thereafter. There were a number
of seats being vacated or in transition including a mayor -elect that
couldn't participate. That left three councilmembers. to participate in
this feasibility study.
We, were asking .for two participants from the council. That left
Councilmernber Cookerly, Councilrnember Mohrig, and myself,
We've been under a great deal of scrutiny since then for the. fact that
the three of'us, who are subject to a reelection — Two of those folks
have since gone on to declare their candidacy for the upcoming
election.
It's quite remarkable that nobody had stopped to take stock of the
fact that we couldn't conduct the feasibility "study without two of
those numbers being from seated councilmembers that were gonna
be up for elections. The feasibility study was. concluded long before
Regular Meeting;of,the Milton City Council
September 6, 2023
Rage 99 of 98
The addition of the third precinct or the third voting location, again,..
.is absolutely the right. decision. I'm. glad we made it. We made it as
a council with 100% tote in support of that. Even with having made
the right decision to do that, We are still. coming under tremendous
scrutiny and a lot of accusations of disregard of the city's concerns.
for voters' rights, a disregard. for. our lesser advantaged or
community of color. And again, couldn't be further from the truth.
.So, we continue to receive a lot of attacks =.an angry blogger, our
local paper that serves as our local organ,. the AJC, one party or
another — when we know this is municipal elections. It's
nonpartisan. There is. no. party affiliation with that.. So, we continue
to get these attacks,. but. it's been unfortunate that we don't have an
opportunity very often to correct the record. We've: been pretty quiet
as a city in doing so. What carve to my attention recently, that there
was another attack on the city by an attorney. It's unclear to me who
the attorney was representing, but a complaint ,was made to the state
election board.
And that clamor that charge included a number of allegations
a w against the city that. I think warrant clarification once and for all. by
the fact that the city has. taken position in response to all of those
accusations. And as such, I'd like to ask your indulgence to take the
time to read the city's response to those accusations to have a chance
for the first time, I. think, to really clarify the record on the city's
position. on that. So,. I ask for your endurance. as I read the response.
This is the city's response to Mr. Attorney Sells to the state election
.board. "This is regarding the City of Milton municipal election. The
state election board, the office and the undersigned represent the
City of Milton, Milton or the city. We're in receipt of Attorney Brian
.Sells correspondence to the state election board suggesting that
Milton has committed errors in its preparation for conducting the
2023 municipal election. While the city of Milton always
appreciates citizens' input and feedback within the context of the
2023 erection and assorted allegations advanced are meritless.
"Please accept this. letter as. Milton's response to such allegations
with the city's corresponding confirmation that it has and will
continue to prepare for and undertake. its municipal. election in
conformance with Georgia law. Milton: was incorporated on
December 1st, .2006. Historically, the city has entered into
intergovernmental contract with Fulton County authorizing the
Fulton County Board. of. Registrations and Elections. to conduct
Milton elections..
Regular. Meeting of the Milton City Council
September 6, 2023
Page.93 of 98
Sections 21-2-26.1 and 21-2-261.1, shall be exercised and performed
by the governing authority —of the county. No such language exists.
"As such, stated. succinctly, the first allegation leveled against
Milton musses the mark. Allegation No: 2, that the map
accompanying the precinct resolution .does not identify the
boundaries of Precinct 1 and Precinct 2 as required by OQGA 21-2-
26.1 A and B; thereby rendering it impossible to determine whether
they conform.to the boundary requirements of OCGA 21-2-261. A.
Response to Allegation No. 2 is incorrect and predicated on
incomplete information. The. City Council has yet to take final
action actually, we took that.. action this evening.-- "on its 2.023
precinct: boundaries.
"The city is currently advertising a precinct boundary YmaP
containing three precincts with .final action. to .the same to occur
.September 6th, this evening.. As to. the Attorney Sells concerns over
precinct boundary requirements, we find his concern curious given
that the city has riot altered the exterior precinct' boundaries set by
Fulton County. Rather than disturb those previous set precinct
boundaries, the city is merely proposing. to consolidate adjoining
precincts:
"So, as. to suit ,the convenience of. the electors and to promote the.
public interest, OCGA 21-2.261 A, not. surprising] y,.the municipal
elections with no corresponding county, state, or federal matters on
the ballot have louver turnout and do not require the same level of
staffing or.locations to be successful.
"Once the municipal precincts are finalized, the city will make
available online an. interactive map on its webpage that allows a
citizen,to input their address to locate their assigned Milton precinct
and polling location.. A copy of the draft.precinct map is attached as
Exhibit A. Again, this map. will be up for approval on Wednesday,
September 6."
And. that's what we approved this evening. I'm reading all these
because these are the accusations. that we continue to receive as a.
city where we have not followed the rules. And our city attorney9
team. has done. a terrific job. of assuring that every one of these rules
is addressed, finally, for the press to have a chance to get it right and
not misinterpret what has been presented, either in public comment
by a various number of groups.
Regular Meeting of the Milton City Council
September 6, 2023
Page 95 of 98
Let me read that with the emphasis in the correct place. "Efforts at
ensuring a particular candidate for an election consultant position
was interviewed, Mohrig had no power to retain a consultant.
"In fact, Milton had two election consultants with both consultants
serving pursuant to an independent contractor agreement approved
by the full council. Moreover, Attorney Sells does not explain how
an election consultant whose service and contract was approved by
the full city council can imperil the legitimacy, accuracy, and
transparency of Milton's election process. Milton's elections
process has been heavily scrutinized with numerous citizens and the
local paper routinely reporting that all aspects of Milton's election
effort.
"There is no merit to the suggestion that Milton's process has been
compromised or anything other than front -facing, transparent,
thoroughly vetted, and legally compliant." Let me read that again.
"There is no merit to the suggestion that Milton's process has been
compromised or anything other than front -facing, transparent,
thoroughly vetted, and legally compliant. In conclusion, and
respectfully, the city disagrees with the factual predicate and
conclusions advanced in Attorney Sells' letter. The city is prepared
to answer any questions that the state elections board may have
regarding the city's election effort and would welcome questions or
further inquiry.
"Should the state elections board require further information on the
upcoming municipal election and the steps Milton has undertaken to
conduct the election, please reach out to our office. Sincerely,
Jarrard and Davis LLP. Submitted by Karen Pachuta," as the
attorney writing the letter. Thank you for your endurance for me to
have a chance to put this into the record. It's unfortunate that
Milton's efforts, which have been above board from the very
beginning, have taken on such incredible scrutiny.
Our effort is to do nothing but represent the best interests of our
community. The attacks by bloggers, political PACs, private
individuals, and the Democrat and Republican parties is simply
uncalled for. I applaud the efforts made by this council and certainly
the committee, which has made gallant efforts to ensure that we have
followed every letter of the law. As such, I submit that for
consideration this evening. I will offer this letter to the City Clerk
for consideration if anybody in the community is so desiring to take
a look at the letter. Thank you for your endurance.
Regular Meeting of the Milton City Council
September 6, 2023
. Page' 97 of 98
Milton, GA 30004. Councilmember Mohrig seconded the motion. The motion
passed (7-0):.
EXECUTIVE SESSION
Mayor Jamison: Any opposed? All right, that's unanimous. Move on to Mayor and
Council reports. I don't have anything to report on. Council have
anything? Okay. So, we will have a motion to adjourn.in. the
executive session. It says personnel,: land acquisition, and potential
litigation. Do I have a motion and a second?
CM Moore: So; I motion.
CM Mohrig: Second.
Mayor Jamison: That was Moore and Mohrig, motion and second.: All in favor, say
`Aye." Aye.
Councilmembers: Aye.
Mayor Jamison: Any opposed? That's unanimous.
Motion and Vote: Councilmember Moore moved to adjourn into. Executive
Session at 9:46 pm. Councilmember Mohrig seconded the motion. The motion
passed (7=d) .
RECONVENE
Motion and Vote: Councilmember Mohrig moved to reconvene into the Regular
Meeting at 10:030.m. Councilmember Jacobus seconded the motion. The
motion passed (7-0).
Mayor Jamison: It's. Rick and. Jan.
[Crosstalk]
Mayor Jamison: Then a motion. to adjourn, all in favor, say "Aye;" or motion.
CM.Mohrig: First have to. reconvene. All in favor say...
CM Jacobus: Aye.
Mayor Jamison: We just did that.