Regular Meeting of the Milton City Council Monday, …...Regular Meeting of the Milton City Council...

Regular Meeting of the Milton City Council Monday, November 16, 2015 at 6:00 pm of23

This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded.

The Regular Meeting of the Mayor and Council of the City of Milton was held on November 16, 2015 at 6:00PM, Mayor Joe Lockwood presiding.

INVOCATION Pastor Jason Howard with Stonecreek Church, Milton, Georgia.

CALL TO ORDER Mayor Joe Lockwood called the meeting to order.

ROLLCALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Mohrig.

PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)

APPROVAL OF MEETING AGENDA (Agenda Item No. 15-288)

Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda with the following changes:

• Move Agenda Item No. 15-294, Consideration to Amend Chapter 50, Subdivisions, and Create Section 50-162, Rural Design, under First Presentation to New Business after Agenda Item No. 15-297.

• Move New Business Agenda Item No. 15-298, Consideration of a Resolution Appointing Members to the City of Milton Comprehensive Plan Advisory Committee, to after the Consent Agenda.

Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).


PUBLIC COMMENT

Carolyn Husk, 235 Hereford Road, Milton, Georgia 30004 My question is regarding getting permits for fences and codes. Two of my neighbors recently got permits for dog fences. One of them had a professional company put up the fence and it is secure. I have brought pictures of the two properties. My next door neighbor put up a dog fence in 2011 and since then he keeps taking the fence apart. My pictures are dated 2013 which is when he took the fence apart. He has a pit bull and the fence is unsecure half the time. So, about. six weeks ago I was on my property it is about 620 feet along my property line. He had taken apart the rear section of the fence. His pit bull has been aggressive to me twice. So, I called Code Enforcement and Chris Williams came out about six weeks ago. He walked the property line with me but by then the owner had reattached the fence but there was another section that he had taken apart. Chris saw the areas where the dog could get through and said that the fence had to be secure. Chris issued a code enforcement ticket to the neighbor and told him he had three weeks to repair the fence. Chris said he would call Animal Control and get back in touch with me. Well, I had not heard back from him. So, I called him back and told him the situation has gotten worse. He put up junk wood and put up some type of fencing but it is not dog fencing. Chris came out and took pictures and I took pictures as well. He said that the owner of the dog had come up to the city and met with Angela and that the fence was in compliance. However, my pictures show that the fence is still not secure. I am now carrying pepper spray because the problem has not been resolved. I think the fence code for Milton needs to be reviewed.

Scott Sawyer, 787 Quarterpath Lane, Milton, Georgia 30004 I would like to speak in opposition to the CSO. My concern is that it will increase development in Milton which is the opposite of the goal. The CSO seems to add more density and opens up land that is not currently available to be developed. The CSO is not density neutral. It is my understanding that there is no percolation test required so any existing land could be developed. It would allow the introduction of private sewer systems. We could potentially loose up to 2,000 acres of land especially in the northern part of the city. It would add about 1,600 more cars on the road and about 3,000 new residents. Also, it would add $400,000 homes instead of the current average home price of $700,000. Therefore, your tax base would decrease. There would be approximately 800 new homes and ultimately a loss of greenspace and more traffic and congestion. I propose that you vote NO to the CSO. I would encourage smart AG-1 development instead.

David Damiani, 935 Post Oak Close, Milton, Georgia 30004 There are a number of reasons why you should deny the CSO as Scott just outlined. My concern is that this is the third time that the CSO has been denied by the Planning Commission. I would like to know why we are still having this conversation. You have asked the Planning Commission to make a recommendation one way or another and they have rejected it three times. At what point are you going to be satisfied? Everyone needs to re-read the vision statement for Milton. Milton embraces small town life and nowhere does it state that the purpose of the city is to increase its tax base.

Heather Creran, 325 Taylor Glen, Milton, Georgia 30004 My three main objectives concerning the CSO and expand a little bit from my comments last week at the joint meeting. First, and most importantly to me, is that you vote NO on the CSO and kill it once and for all so that we can move on to finding the right solutions for Milton. The CSO is not right and you have heard the reasons time and time again. Perhaps, I bring a unique perspective because we lived in a CSO before moving to Milton from California. I can tell you first hand that it is no solution for our


community. It stinks. Houses are basically on top of each other and it will destroy our unique beauty and character. In addition, community sewer are completely unacceptable trade-offs for what we were trying to accomplish with the CSO. The Planning Commission rejected it three times. A packet of emails was recently released and at the last PC meeting it was stated that the consultant probably had a lot of explaining to do. The PC and City Attorney continued to discuss that there were emails as far back as January from the city hired consultant in which he said that the CSO was not a good idea for Milton. There were things that were insurmountable such as not having sewer. And, that Randall Arndt, the creator of the CSO concept concurred that it was probably not a useable tool for Milton. This was echoed by an email by a third consultant in June. As was requested at that meeting, questions surfaced if a complete set of emails had been obtained and reviewed by the City Attorney and City Manager and has an independent assessment been made of their impact on the CSO in the process. More importantly, are you convinced that there was no conflict of interest or inappropriate lack of transparency around this process and the motivations of the players involved. And, finally, I once again I request that you vote NO for the CSO and that you send the AG-1 modifications to the Planning Commission and let them come back to us with the right solutions for Milton.

CONSENT AGENDA

1. Approval ofthe October 19, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-289) (Sudie Gordon, City Clerk)

2. Approval ofthe November 2, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-290) (Sudie Gordon, City Clerk)

3. Approval ofthe Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City' s Financial Statements for the Fiscal Year Ending September 30, 2015. (Agenda Item No. 15-291) (Stacey Inglis, Assistant City Manager)

4. Approval of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. (Agenda Item No. 15-292) (Jim Cregge, Parks & Recreation Director)

5. Approval of a Lease Agreement with Pitney Bowes, Inc. for Mailing Equipment. (Agenda Item No. 15-293) (Carter Lucas, Assistant City Manager)

Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0).

REPORTS AND PRESENTATIONS (None)


FIRST PRESENTATION

1. Consideration of an Ordinance to Create a Conservation Subdivision- Chapter 50, Article V of the City Code of Milton. (Agenda Item No. 15-183) (First Presentation at July 6, 2015 Regular Council Meeting) (Discussed at July 13, 2015 City Council Work Session) (Discussed at August 20, 2015 Special Called Work Session) (Discussed at August 20, 2015 Regular City Council Meeting and Deferred to September 21, 2015 Regular City Council Meeting) (Postponed at the September 14, 2015 Special Called Meeting) (Published on 9/21/2015 Regular City Council Meeting Agenda but not discussed) (Kathleen Field, Community Development Director)

Motion and Vote: Councilmember Thurman moved to approve the First Presentation Item. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).

The following Agenda Item No. 15-294 was moved by Motion and Vote to New Business after Agenda Item No. 15-297.

2. Consideration to Amend Chapter 50, Subdivisions, and Create Section 50-162, Rural Design. (Agenda Item No. 15-294) (Kathleen Field, Community Development Director)

PUBLIC HEARING (None)

Zoning is transcribed verbatim

ZONING

1. Consideration ofUlS-OSNClS-05 -13650 Bethany Road by Bethany's Rest, Inc.- To Request a Use Permit for a Retreat (Sec. 64-1821) in AG-1 (Agricultural) on 26.65 Acres Using the Existing Structures. A Concurrent Variance to Allow the Existing Vegetation within the 100 Foot Undisturbed Buffer and 10 Foot Improvement Setback and not to Plant Additional Vegetation [Sec. 64-1821 (b )(3)]. ORDINANCE NO.lS-11-262 (Agenda Item No. 15-282) (First Presentation at November 2, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director)

Kathleen Field, Community Development Director Thank you, Mr. Mayor and members of the City Council. The first slide before you shows the site outlined in red on the aerial photo. Current zoning is AG-1. Future land use map shows this area's future use to be agricultural equestrian and estate residential. This is the revised site plan that was

Regular Meeting of the Milton City Council Monday, November 16,2015 at 6:00pm of23

submitted on November 91 . It shows additional parking which I will make reference to as part of this

presentation later on. Subject site is zoned AG-1 and is developed with 10,045 square foot single family resident. A 1,285 square foot pool house. 2,629 square foot barn and a 1,069 square foot barn near the entrance of the property. The property contains 26.65 acres with an existing lake near Bethany Road and Cooper Sandy Creek is the southern property line. The property is heavily vegetated along the north and west property lines with specimen trees throughout the property as shown on the site plan. Proposed use- in the applicant's letter of intent dated August 26, 2015, a use permit pursuant to Section 64-1821 to operate a private woman's day retreat center and concurrent variance for the subject property is being requested. The woman' s day retreat is proposed to serve local women in ministry or women who are married to full or part-time ministers. An amended letter of intent dated October 19th further states that no additional structures will be added to the property and the existing buildings with some interior modifications will serve the needs of the ministry. Based on discussions with the neighbors through the public participation process, the applicant intends for the property to be private and gated so that only invited guests may access the property. Although the normal daily operating hours will be 9:00 am to 5:00 pm, there may be an occasional evening ministry usage of the property as well as overnight guests. Additionally, while the current groundskeeper/home manager does not reside on the property, in the future there may be a caretaker who does live or may occasionally stay on the property. Also, to the extent that there is any occasional altered usage of the property, that usage will conclude no later than 10:00 p.m. and the noise level will comply with Section 64-215 of the City of Milton Zoning Ordinance regarding noise. The applicant estimates that there will be an average of zero to twenty women on the property at any given time during the course of the day. There will also likely be some weekly gatherings and quarterly special events that will have a higher attendance. But, those will be the exception, not the rule. Based on the applicant' s revised site plan, staff offers the following considerations: In terms of development standards, staff notes that all the development standards for this use permit are in conformance with the requirements ofthe use permit with the exception ofB(3) which does require a minimum 1 00 foot wide buffer and 10 foot improvement setback. They do not meet this standard and therefore, are requesting a concurrent variance. This shows further development standards. Again, they are all met by the applicant. Discussion of use permit standards, the applicant does not meet the required 100 foot wide buffer and 10 foot improvement setback. Therefore, the following concurrent variance is being requested. VC15-05; to allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement setback and not to plant additional vegetation. So, it is not that they are asking for a reduction in any of these setbacks. They are just asking not to have to plant additional vegetation to what is currently there. The subject site is heavily vegetated along the west and northwest property lines with some vegetation along the north property line. In addition, there are planted evergreens along Bethany Road that provide additional screening. Lastly, the large size of the parcel and the location of the main buildings provide additional protection from adjacent residential uses. It is staffs opinion that based on these conditions, relief if granted would not offend the spirit or intent of this zoning ordinance. Therefore, staff recommends VC15-05 be approved conditionally. The proposed site plan meets the requirements of the Rural Milton Overlay District. The City Arborist has reviewed this application and has determined that this use permit will not impact any specimen trees. The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On September 29, 2015 the applicant and their representative were present at the Community Zoning Information Meeting held at the Milton City Hall. There were twelve people from the community in attendance at the meeting. The following issues were brought up at the meeting:

Regular Meeting of the Milton City Council Monday, November 16, 2015 at 6:00pm of23

• Hours of operation, would there be overnight stays on the property? • How many people would be using the retreat on a regular basis? • Will there be future development or other uses on the site? • Concerned about potential noise.

The City of Milton Design Review Board performed a Courtesy Review on October 6, 2015 and the following question was asked at the meeting:

• Will the facility evolve into an event facility?

The Planning Commission reviewed this application at its meeting on October 281h and they approved this application conditionally. They asked that condition 1(d) be changed from a maximum of20 people to 1 00 people and to reflect the appropriate amount of parking for 100 people on the site plan. It is staffs opinion that the proposed retreat is compatible with adjacent and nearby properties if approved with the recommended conditions. The proposed use does not appear to violate any ordinances or regulations that govern land development if the concurrent variance is approved. The proposed use 's effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal. The required number of parking spaces is one space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. The largest area for assembly is 2,600 square feet which would require 13 spaces based on the above formula. The site plan indicates a total of 13 spaces on the site plan and those parking spaces are not seen from Bethany Road. At the October 28, 2015 Planning Commission meeting, the applicant agreed to revise the site plan and that is the one I showed you earlier in the presentation which was submitted on November 9th to reflect parking for 100 people which is a total of 50 parking spaces estimating two people per car on the site to accommodate the occasional event that may require additional spaces. Although the site plan does not meet the required 100 foot undisturbed buffer and 10 foot improvement setback as discussed above in VC15-05, it is Staffs opinion that the large size of the parcel and the existing vegetation provides the needed screening from adjacent properties. The applicant has proposed the following hours and manner of operation: 9:00a.m. to 5:00 p.m. and occasional evening ministry usage of the property and occasionally overnight guests. Staff notes that the Use Permit addresses noise this requirement is slightly more restrictive and therefore the facility shall comply with the abovementioned section which is the section that is in the use permit. The applicant also proposes that occasional outdoor usage conclude no later than 10:00 p.m. If lighting is proposed, it must comply with the Night Sky Ordinance. The proposed ingress and egress to the retreat is via Bethany Road which meets the minimum sight distance requirement. Conclusion: If approved with the Recommended Conditions, the proposed retreat is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U15-05 be APPROVED CONDITIONAL. Additionally, Staff recommends VC15-05 be APPROVED CONDITIONAL. In terms ofthe Recommended Conditions, they are:

To the owner' s agreement to restrict the use of the subject property as follows: • A retreat as shown on the revised site plan received by the Community Development Department

on November 9, 2015. • The hours of operation shall be the following:

- 9:00a.m. to 5:00p.m. - Occasional evening ministry usage and occasional overnight guests. - All outdoor usage shall conclude no later than 10:00 p.m.

• A groundskeeper or home manager may be permitted to live on the property.

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• No more than 100 people shall be on the property at any one time except for occasional evening or weekend special events.

To the owner' s agreement to abide by the following:

• To the revised site plan received by the Community Development Department on November 9, 2015.

To the owner' s agreement to the following site development considerations: • To allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement

setback and not to plant additional vegetation. To the owner's agreement to abide by the following requirements, dedication and improvements:

• Access to the site shall be subject to the approval of City of Milton Public Works Department. Dedicate at no cost to the city to provide the following rights-of-way:

• Provide at least 40 feet of right-of-way from the centerline of Providence Road and Bethany Road along the entire property frontage

• Provide a minimum 20 foot right-of-way miter at intersection of Providence Road and Bethany Road

And, that is my presentation.

Mayor Lockwood Does anybody have any questions for staff?

Councilmember Longoria Kathy, I thought that was good information. I was a little confused on the average use though because zero to twenty is a big range and I am just trying to figure out, I don't know if it is going to make any difference, but are they expecting five people or twenty people? If twenty is the average, then 30 or 40 people would be close to the average but it is way outside the realm if it is five people.

Kathy Field We did have that discussion during the Planning Commission presentation and the applicant, I think, would probably be better able to more specifically answer the daily uses and then the special uses on weekends or evenings were also discussed which is why we ended up with more parking spaces for those uses as well. We are dealing with the daily and then with the special events. I think the applicant can better answer that.

Councilmember Lusk Kathy, in regards to the parking spaces, the increase from 13 to 50; is that an increase in impervious area?

Robyn MacDonald I believe most of it is on gravel and impervious. They are not adding any pervious.

Councilmember Thurman It appears to me that staff has changed their conditions to include what was recommended by the Planning Commission of the 1 00 people. Is that correct?


Kathy Field Yes, in terms of the parking spaces.

Councilmember Thurman So, your recommended conditions are what the Planning Commission has actually recommended?

Kathy Field Yes, that is correct.

Councilmember Thurman I know sometimes with staff recommending and Planning Commission recommendations, they are different, but they are the same now?

Kathy Field Yes, and the revised site plan of November 9th that was submitted which will be part of our conditions, shows those additional parking spaces.

Mayor Lockwood I will now open it up to those speaking in support of this item.

Woodson Galloway, 3500 Lenox Road, Suite 760, Atlanta, GA 30326 Good evening. My name is Woody Galloway with Galloway law group. I am here representing the applicant in this request for a special use permit. Bethany' s Rest has contracted to lease this 26 acre parcel of land and their intent is to provide a beautiful place for women to come to rest, to reflect, to gather together and to re-energize themselves for their ministry. In working with staff, we determined the best way to do this is through a retreat use permit. That best fit the category. It was not a special events facility. We did not need to go to that degree. And, the intent is to use the existing structure, as Kathy pointed out, so we are not going to be adding any new structures to this. We will be adding some parking. Most of the parking, though, that is on asphalt is already there. Primarily, the additional parking will be on gravel so it won' t add pervious surface to the site. The ministry will repurpose those buildings for their particular use. Right now, you have seven bedrooms in the main house. For example, those won' t all be operated as bedrooms. They only expect, very occasionally they may have overnight guests, but that will not be the norm. This is not intended to be a bed and breakfast or for that to be a normal routine. From the outside, the property will remain the same. As we have indicated, the variance is to deal with the requirement for 100 foot setback that would be planted on the outside of the site. If you are familiar with this property, which most of you are, it is a very beautiful pastoral setting and the intent is to leave it the same; the buildings will be the same. We feel like the buffering is very adequate and it would be a shame to hide the existing buildings. The buildings there are beautiful and so from the outside it will remain the same. At this point, I would like to call on Karen McAdams who is on the board for Bethany' s Rest. I will let her share with you the vision for their ministry.

Karen McAdams, 12945 Heydon Hall, Roswell, Georgia 30075 I live about 5-7 minutes away from the property that we are talking about tonight. I am just excited and thankful that we get to tell you a little bit about the ministry that we envision being here. Hopefully, all of you know exactly where we are talking about. It is at the intersection of Providence and Bethany Road. A little bit of back story on it. I used to drive by this property for years and years, and I would think to myself, who gets to live in a place like that. It is just an amazing place. Over the past year, over and over I have met many people who have said the same thing. Wow, that is such an amazing home.

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Well, I had the benefit of actually meeting the owners and becoming really good friends with Bill and Virginia Schroder. Twenty years ago, they had a vision for that property and they loved what Milton represented. Just the setting, the land, the wide open spaces and saw building a home there for their family. A place where they could breathe, rest and be refreshed. But, what is really neat is that they are a very generous family so they began to have groups come onto the property to enjoy it also. They have housed missionaries there, they have had student ventures, FCA, and Legacy Academy has had bon fires there, so it has always been a property that has been shared with the community. What we want to do there is just really more of the same. It is an opportunity to preserve the legacy that they began 20 years ago. Our vision is really just to provide a place for women who are either in ministry or whose husbands are in ministry to come and rest and just breathe and get refreshed. We believe that women who are rested and refreshed and recharged in their souls and hearts can go out and be more effective in the ministries, families and communities. We believe that if we meet that vision then we will have fully alive leading women changing things around here. So, that is what the objective of this ministry is. That is why we are applying for this. We believe it is a win-win for everybody. It is a win for Milton getting to keep that incredible green space; getting to preserve this amazing landmark. It is also a win for women who are in ministry.

Woodson Galloway Staff and Planning Commission have recommended approval. At this time, I would like to reserve our remaining time for rebuttal or questions.

Mayor Lockwood Does council have any questions for applicant?

Councilmember Kunz I understand this is a place for women to come. Is it for just adults or are children welcome?

Woodson Galloway There is always a possibility for an event where people come together. The intent though is for this to serve women in ministry. The day to day operations would be for women to come to have a safe place where they can be recharged.

Councilmember Kunz I know you said operation hours would be 9:00 am - 5:00 pm with an occasional event running to 10:00 pm. How often is occasional?

Woodson Galloway This ministry is just starting so they do not have an answer for you on that as of now. We have had a hard time setting parameters because we do not know where God is taking Bethany Rest. They know what their man objective is and that is to serve women in ministry and provide a restful place. You cannot do that in this environment and have lots of people around. Nor can you if there are lots of children running around. But during special events they all can come together or a bible study at night time may involve men and women. Right now the stated intent is to serve women in ministry.

Councilmember Kunz Are you going to have live bands or music there?


Woodson Galloway That is not anticipated. You could see once in a while where you might have a speaker come in and have an acquis tic performer but I do not see live music on this property. The property is not conducive for having amplified music on the site. That is why we put in the noise ordinance and cut off times so the community would be assured. I understand that there is a bowl effect in this area and sound travels in this area very well, so if we did not put limitations on that it could get abused so that is why we put that on there.

Councilmember Lusk Since Burt and I are close neighbors I appreciate your last comment, we live up on the rim of the bowl so I appreciate your consideration.

Councilmember Hewitt Along those lines, I am two houses across the street and I think it is going to be a good use for the land. I like driving by it and wished I lived there. I wish we did not have to have a variance for not disturbing an undisturbed buffer but I guess that is the way it has to be in the process. I am in full support of this.

Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 15-282. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).

End of verbatim transcription

UNFINISHED BUSINESS

1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. ORDINANCE NO.lS-11-263 (Agenda Item No. 15-281)

(First Presentation at November 2, 2015 Regular City Council Meeting) (Michele Mcintosh-Ross, Principal Planner)

Michele Mcintosh-Ross, Principal Planner This is a reaffirmation of the solid waste ordinance that we are required to adopt every year. We did not make any changes from the last one except for me alphabetizing the list of providers. Do you have any questions about the ordinance?

Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 15-281. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).

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Regular Meeting of the Milton City Council Monday, November 16, 20 15 at 6:00 pm Page II of 23

2. Consideration of the Final Service Delivery Strategy Agreement between the City of Milton, Fulton County, and All Other Municipalities in Fulton County. (Agenda Item No. 15-272) (Deferred at October 19, 2015 & November 2, 2015 Regular City Council Meetings) (Ken Jarrard, City Attorney)

Ken Jarrard, City Attorney I will continue to add this onto the agenda until we have something to present. Eventually I will have something to you that I would recommend for you all to adopt but it is not here yet. I respectfully request that the council defers this to the next regular meeting.

Motion and Vote: Councilmember Lusk moved to defer Agenda Item No. 15-272 to the December 7, 2015 City Council Meeting. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).

NEW BUSINESS

1. Consideration of a Resolution Adopting the 2016 City of Milton City Council Regular Meeting and Work Session Schedule. RESOLUTION NO.lS-11-351 (Agenda Item No. 15-295) (Sudie Gordon, City Clerk)

Sudie Gordon, City Clerk Tonight we are asking for the mayor and council ' s consideration of a resolution which will approve the 2016 Schedule Council Regular and Work Session. In front of you is an oversized calendar showing the 36 upcoming council meetings for 2016. The blue highlighting indicates Regular Meetings and the red is for the Work Sessions. In 2016 we have two regular city council meetings that will move to a Wednesday because of a holiday (Martin Luther King Day and President' s Day). In preparing the calendar, we took into consideration the 11 observed holidays that the city observes (those are highlighted in green), the mayor' s day conference in January and the GMA Conference in June. Our first regularly scheduled meeting in 2016 will be the inaugural meeting on January 4, 2016 swearing in for three councilmembers. 2016 Council Meeting Calendar will be available to the public on the website if you do approve it tonight. We respectfully as ask for your approval for the 2016 Council Meeting Dates.

Councilmember Thurman In the past we have not scheduled meetings during Spring Break making us meet six weeks in a row. It looks like this time we went ahead and scheduled it during spring break? Just want to make sure that was an intentional thing.

Sudie Gordon It was.

City Manager Lagerbloom If the council wants to push those meetings in April to the 11 1

\ 18th and 251h, we can do that.

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Mayor Lockwood Is that something we can do at a later date?

City Manager Lagerbloom I would rather do it now and then try to ...

Mayor Lockwood I will say I probably would not be available for that week.

City Manager Lagerbloom Why don't we move the April regular meeting dates to the 11th and 25th with work session on 18th? Sudie Gordon OK.

Councilmember Hewitt On July 4th and September 5th, I thought we typically slide them to the Wednesday if we have a holiday. Why are they moved to the following Monday?

Sudie Gordon When you have so many meetings push together like that it is overload so we thought it was better to space them out a little.

City Manager Lagerbloom So the only things we are changing, if the council votes on it, is the April meetings to the 11 t\ 18th, and 25th. Correct?

Mayor Lockwood Yes.

Councilmember Thurman If we don't move the September one to the Wednesday and keep it at the next Monday, then we have three weeks in a row without a meeting and then six weeks in a row with meetings.

Mayor Lockwood Is that OK with everyone are do we want to change it some?

Councilmember Kunz It is OK with me.

Councilmember Thurman I am just afraid of the three weeks off.

City Manager Lagerbloom Let's go ahead and change September to the 7th, 12th, and 19th.

Mayor Lockwood Is everyone okay with that?


Councilmember Longoria I usually can't make those midweek meetings because of my travel schedule.

City Manager Lagerbloom Stacey reminded me it gives us an extra week for budget purposes if we need it. We will recommend we will change: April to 11 t\ 18th and 25th

September to ih, 12th and 19th

Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-295 with the recommended modifications. Councilmember Thurman seconded the motion. The motion passed unanimously (7 -0).

2. Consideration of a Resolution Requesting the Transmittal of a 2016 Livable Centers Initiative (LCI) Supplemental Activity and Plan Update Application to the Atlanta Regional Commission (ARC) for their consideration of the Downtown Crabapple Plan. RESOLUTION NO.lS-11-352 (Agenda Item No. 15-296) (Michele Mcintosh-Ross, Principal Planner)

Michele Mcintosh-Ross, Principal Planner Community Development has prepared an application to submit to the Atlanta Regional Commission (ARC), if you approve this resolution. As you recall, we did our Crabapple Vision Study a few years ago with Lou Oliver and then took that study and compiled a LCI application and the plan got grandfathered in 2013. As a LCI area, Crabapple is eligible for additional funds from ARC to do supplemental studies. Now that we have decided the location of City Hall will be in Crabapple, which was not determined at the time of the original LCI, we feel that now is a good time to take another look at the area within the context of being Milton's downtown. We want to look at the transportation network in terms of vehicular, pedestrian, bicyclists and trails, making sure we apply the complete streets throughout. We want to look at the new economics of the area to see if we need any additional land use changes and make provisions for parking for those land use changes. As the civic center of Milton' s downtown, we want to identify a meaningful green space that would be easily accessible to Milton's residents. This is a competitive grant. The maximum that can be applied for is $100,000 and we are asking for that amount. We are required to match 20% which means that we will contribute $20,000 and the ARC will fund $80,000. The application is due December 7, 2015. In the next few weeks we will compile support letters if you approve this resolution and then send them off to ARC. Do you have any questions?

Councilmember Kunz I know we have been talking about a parking deck in the downtown area. I assume if we did this we would lever some of their resources in determining the feasibility of that?

Michele Mcintosh-Ross Correct. We have added that as part of the scope.


Councilmember Thurman When Chris and I met last month, I told him I really felt like it was important if Crabapple was going to become our downtown area that we need to take a step back and look at the big picture of Crabapple that we want to paint for the whole area. I was excited he found a way to get us some funds to do that because I think it is going to be very important in making sure our downtown area is what we want it to be. I would very much support requesting this LCI grant in hopes that they will approve so we can get a real downtown plan put together.

Councilmember Hewitt There are not many cities that can develop a downtown from scratch, so hopefully they will see that and helps us out.

City Manager Lagerbloom It is not very often when a City Councilmember brings you an idea and you happen to find a grant that is closing within 30 days, either.

Mayor Lockwood Are there any other questions?

Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 15-296. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent for the vote.

3. Consideration of an Amended Intergovernmental Agreement between the City of Milton, Georgia and the City of Alpharetta, Georgia Regarding Lease and Joint Use of Municipal Court Facilities. (Agenda Item No. 15-297)

(Chris Lagerbloom, City Manager)

City Manager Lagerbloom As you recall at our last meeting, I left early to go to Alpharetta to figure out why I could not find this agenda item on their meeting agenda. It was not by mistake they did not have it on the agenda. They had some last minute comments that came from their Parks Department related to the use of the facility. The document that is front of you tonight is a reconsideration of the entirety of the document. There is one paragraph that has been added that is different than last week. This paragraph deals with the doors that we can access in and out of the building. In an emergency, we have access to all doors. In the ordinary course of business, there is access to the basement in the building. The basement houses a senior center, as well as, doors that push out and do not relock if they are used after hours, so Alpharetta wanted to include in this agreement that we only use the front door that fronts Crabapple Road. This door will be our access point for people who are conducting business in the court. This agenda item is also on Alpharetta's agenda tonight, so if you adopt this item, we should have an agreed upon document that we can move forward with after tonight.

Councilmember Kunz Just want to make sure that the cost of doing this is going to be about $3,000 a month?

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City Manager Lagerbloom Correct

Councilmember Kunz The reason we were making the move is just because the judge wanted us to?

City Manager Lagerbloom Well there was some desire to be in a more secured facility to conduct the court than a room that has a wall of windows like this. Also, the availability was now. There are two vacant rooms that match our needs and I believe that there is the desire of the both elected bodies to move forward with a partnership that seems right for now. We can certainly wait another nine months until we do not have this facility to make the move but I do not know if the opportunity will be there then.

Councilmember Kunz The risk then is the availability may not be there in the nine months into the future but if we do take it we know we are spending $3 ,000 a month extra over what we are doing now.

Mayor Lockwood It is a smart move for us to do at some point. There is the possibility of doing it later but we run into the risk it may not be available then.

Councilmember Mohrig Chris, I think we had talked about this earlier, the question about the operating costs. Are we going to incur additional cooperating costs other than the lease by doing this? Is it going to change our capacity to handle court in the same way we do today as far as numbers?

City Manager Lagerbloom The room over there is configured a little bit differently than this room. This room has non-fixed seating where over there it has fixed seating. We have the ability to bring in some additional seating into the room over there if we need to do so. I do not anticipate anything other than the lease cost.

Councilmember Mohrig So as far as the cost actually for personnel and judge, we should not see any change?

City Manager Lagerbloom We are not adding any extra people.

Councilmember Mohrig Are there going to be any additional sessions?

City Manager Lagerbloom I would come back to you if we had an increased case load but I do not anticipate any difference between the two facilities.

Councilmember Lusk One point that has come up in discussion in the past is the fact where court is located now and that it is accessible to public transportation. What kind of challenges are we looking at by relocating over there where public transportation is not necessarily available?


City Manager Lagerbloom We researched that with the Alpharetta' s personnel. They did not see public transportation as being an impediment to the location they have for their court facility over there. It operates three days a week and they do not hear that people cannot access the facility because it is not served by a Marta bus.

Mayor Lockwood Are there any other questions?

Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 15-297. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).

The following Agenda Item No. 15-294 was moved by Motion and Vote to New Business after Agenda Item No. 15-297.

2. Consideration to Amend Chapter 50, Subdivisions, and Create Section 50-162, Rural Design. (Agenda Item No. 15-294) (Kathleen Field, Community Development Director)

City Manager Lagerbloom We moved this tonight was so you all could act, if you chose to do so, to send this document back to the Planning Commission. I thought this was the direction at last week' s work session. We are not prepared to make a presentation on it tonight. If you do want it to go the Planning Commission then this is an avenue to do so. If you choose not to send it back to the Planning Commission, I respectfully ask that you then defer the item until the December 7th meeting and put it back in First Presentation.

Councilmember Lusk Is there going to be a Planning Commission between now and December ih? At last week' s joint meeting, we talked about the text amendments and how soon they were going to be put into that process and discussed.

City Manager Lagerbloom There is a Planning Commission on November 181h.

Councilmember Lusk OK.

Mayor Lockwood Is there anyone else?

Motion and Vote: Councilmember Hewitt moved to Remand Agenda Item No. 15-294 back to the Planning Commission for the November 18, 2015 Planning Commission Meeting. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0).

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The following Agenda Item No. 15-298 was moved by Motion and Vote to after the Consent Agenda.

4. Consideration of a Resolution Appointing Members to the City of Milton Comprehensive Plan Advisory Committee by Appointing Members from At-Large, District 1/Postl , District 1/Post 2, District 2/Post 1, District 2/Post 2, District 3/Post 1, District 3/Post 2. RESOLUTION NO. 15-11-353 (Agenda Item No. 15-298) (Mayor Joe Lockwood)

Motion and Vote: Councilmember Longoria moved to approve Lauren Holmes for the At-Large member of the Comprehensive Plan Advisory Committee. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).

Motion and Vote: Councilmember Thurman moved to approve Tom Gauger for the District 2/Post 2 member of the Comprehensive Plan Advisory Committee. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).

MAYOR AND COUNCIL REPORTS

Councilmember Lusk I have received a few emails and met with one or two from the community specifically on these text amendments. There is a lot of confusion and misunderstanding about them. I would like to see some type of presentation on what these text amendments are all about. We have some people under the opinion that we are going to start grabbing several feet off of their frontage from the road. If we could clarify what our intent is in this process in addressing the text amendments and help these people to understand better what is going on. We are not out to grab land from people indiscriminately.

Mayor Lockwood Yes, we have had lots of feedback on that and people are concerned.

City Manager Lagerbloom Okay, we will work on that.

City Attorney Jararrd Just to state the obvious, the text amendments were to go along with the rural design of the CSO. I know the way it was envisioned at the drafting stage was it was a package. I can put something together that tells you what these do right now and how they are framed right now. It by no means is a land grab though.

Mayor Lockwood Just to clarify, even though it is legal that does not necessarily mean we are going to pass that.


City Attorney Jarrard Absolutely.

Mayor Lockwood I am just clarifying you are saying it is legal but you are not promoting that one way or the other.

City Attorney Jarrard No I am suggesting to you by the time it gets to your review in particular in the context of land use, you ought to expect it has been vetted by staff and me. It would not be anything unconstitutional at least to the best I can make that decision. The policy is up to you, Mr. Mayor.

Councilmember Lusk The perception out there is a reality. I think maybe addressing the length and breadth of this whole movement on these text amendments possibly bring the discussion in as to what areas of the city are involved, specific areas, because my understanding it is very small discreet areas that are involved with these text amendments, not widespread over the city.

City Manager Lagerbloom We can from a procedural standpoint walk through and provide some clarity to how we started in a certain place and ended up where we are today. I would be very cautious in deciding what the intent is until the Planning Commission issues their intent and the council issues their intent, which is the policy intent we follow behind.

Councilmember Kunz Would it be better served if one of us had a town hall meeting? Would you need to be there Ken? Each of us represents different positions and different thoughts/ideas. It is tough to give staff direction to something we have not passed but we want to make sure we are legal with everything we do. How would you do a town hall meeting in that regard?

City Attorney Jarrard Procedurally, a town hall meeting is very easy but as far as to the City Manager's point, what in fact we are going to be discussing is a little tougher until the council has made their final determination. I know what is in draft form and am very comfortable in speaking to that.

Mayor Lockwood A town hall meeting is good if you want to talk in generalities and getting input from citizens. To me if we are looking at this and holding a public meeting that is basically a town hall meeting on this specific item. Everyone is here and can offer input. Certainly, each councilmember could have a town hall meeting on that specific item but it may just be tough if you did not have all ofthe council present.

City Manager Lagerbloom I just learned the Planning Commission intends on holding public "town hall meetings" in the next couple of months to get input. Those are meetings, if you chose, could attend. They will be advertised.

Councilmember Thurman That is what they asked for, isn' t it?

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City Manager Lagerbloom Yes.

Councilmember Longoria We keep talking about this particular subject and we all bring our own ideas to the table, we need to make some decisions related to this. This could go on forever. I understand this is one of the tougher things we have talked about since I have been on the council. I can't remember any discussion about a subject lasting this long, maybe the Historic Preservation Commission, maybe. But that dealt with a whole other government body so there was a good excuse, the state was involved. We have to be able to put some lines in the sand. Right now it is just to fluid.

City Manager Lagerbloom Right now, after the work session of last week, in first presentation tonight was CSO. It will come forward to the council for your action on December ih. The Planning Commission when reviewing the text amendments deferred those items to remain with them until February. I believe they wanted to send this rural design back to them so it could be partnered with the text amendments to come back to the council.

Councilmember Longoria That is why I was reacting that way because if we disconnect these by a big distance then we are going to fall prey to what we did not want to fall prey to. We wanted to have these things synchronized.

Councilmember Thurman That depends on the outcome of the CSO.

Councilmember Longoria OK, maybe I overreacted.

Mayor Lockwood The Planning Commission wanted to vet out these items and take a fresh look at them. They had gutted some originally so they want to look at them again.

City Manager Jarrard The text amendments for February the ones that are at least going to be viewed, they definitely link with the CSO. So depending on what the council does on the CSO, it has a direct and material impact on what the Planning Commission has in front of it.

Mayor Lockwood Is everyone still good with December ih for the CSO and Planning Commission working on the other?

Council Yes.

Mayor Lockwood Chris and Carter let us know about a project in Crabapple that links up to the new city hall that we had a big gap in funding and ARC was willing to come up with some of the money and fortunately the DOT

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also stepped up with some money, covering the additional costs. I do not believe we are going to have to match only the original part.

Carter Lucas, Assistant City Manager Actually our match is probably lower than what we originally anticipated. GDOT stepped up with some safety funds to be able to fund the roundabout components at 1 00%.

Mayor Lockwood We sent that information over to our District 6 Board member, Mark Burkhalter, and he went to work on it. We owe him a nice Thank You for presenting it to the GDOT.

Councilmember Hewitt When is that anticipated to start?

Carter Lucas GDOT is going through contracting components right now. I imagine after the first of the year construction will start. Utilities may start first.

1. Future Direction on Implementation of Transfer of Development Rights.

Kathleen Field, Director of Community Development We currently have three projects that have expressed interest in purchasing Transfer of Development Rights (TDRs). They are very broad projects: townhome project in Crabapple, self-storage project in Deerfield area and a hotel project. All three of these proposed projects have expressed interests in acquiring some TDRs. The total amount ofTDRs for those three projects is approximately 27 TDRs needed. We would like to assist the development projects with their needs. One thing we found out is that the trust used in the first TDR purchase that holds the permanent conservation easement had a long waiting list and would not be able to look at his project for some time in 2016, if at all. First, it really brought to the forefront the difficulty we had with that first project in terms of finding a third party and not being really in control of our own destiny because in using a third party land trust they come with their own set of criteria in terms of what they are looking for holding this conservation land. We have to relate to their criteria as opposed to our own criteria. Secondly, they also charge a significant amount of funding in order to set up an annuity, if you will, to be able to inspect that property every year. We did have discussions with our attorney in terms of the way we had structured TDR ordinance to make it a more simplistic process, as well as, allow us to establish our own criteria for which we wanted in terms of looking at potential land that would be set up in an easement.

City Attorney Jarrard I think the implicit question Ms. Field is raising is whether it is legal for the City of Milton to be the holder of the conservation easement? The City of Milton Charter has given the City of Milton tremendous powers. The answer is yes to Ms. Field' s question. The holding of property rights is of course an expressed power of common law. County and city governments have it. It is built into your charter in multiple places. Not only does the City of Milton have the power to take action on public improvements for conservation efforts but it is just one of a bundle of rights that the city has with


respect to the acquisition of property. Property ownership is a bundle of rights; bundle of ownership, bundle of development rights, bundle of access, bundle of use, etc. All a conservation easement is a limited form of that bundle of rights. It is an easement laying over the property in perpetuity and the city can legally hold conservation interests in a piece of property. In the TDR context, I got comfortable with that concept and I also agree that the city should not be the holder of a conservation easement with respect to its own property. The public argument is who is going to take the best care of the property to ensure that it stays true to the conservation use for which it was placed into the easement. Some people think that some type of conservation entity is the best place for that to happen, however, you have to compare that with the fact that using other entities is getting in the way of realizing the most out of conserving land. If it is getting in the way, let's not do that. Let's use the power that the city has to be the owner of one of these easements and get the transactions done. In the end, the city wants to use the TDR incentive to get property into some sort of conservation use and that is what the city's ultimate public policy is.

Councilmember Kunz So, there are two parts to the definition of holding an easement; the actual transaction and the maintenance of the property.

City Attorney Jarrard Maintenance is simply confirmation that it is being used consistent with the easement and it will take a dedicated staff effort once a year.

Councilmember Longoria The city is the best resource to maintain these types of easements because we are in a position to be able to get on the property and understand land disturbance permits, clear cutting of trees, or anything else that may be out of the ordinary and not allowed on a conservation easement.

Councilmember Lusk How are we handling the first transaction that we did?

Kathleen Field It is completed and there is a third party land trust that is holding the easement on the five acres.

City Manager Lagerbloom We need to name the road in front ofthe new City Hall. The road will be shared with seven homes. Today, the name of the road is Branyon Trail. The groundbreaking will take place on December 151

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STAFF REPORTS

Department Updates

1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement 5. Human Resources

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Regular Meeting of the Milton City Council Monday, November 16, 20 15 at 6:00 pm of23

Fire Department, Chief Bob Edgar We were able to practice search and rescue skills at the live fire training we had last week. This was a great opportunity for our department to see a fire start and roll as it goes up through a home and then how to use some of the new techniques that are being used today on how to extinguish fires and rescue people. We are working with the Communications Department and the Police Department on revising and updating our emergency communication plans which includes Code Red, Facebook, Twitter, etc. as we come into the winter weather season with the possibility of snow and ice. Our Apparatus Committee went to Ocala, Florida and met with the engineers and finalized the design of the new ladder truck. The president of the company said that we are likely to get the new ladder truck sometime this summer. We participated in the Birmingham United Methodist Church Veterans Day event. We are also participating in the Green Light a Vet Program. All our fire stations are lit with a green light in honor of our veterans. We participated in the Kings Ridge Career Day in partnership with Home Depot and conducted a safety presentation. We also participated in the Verizon Fun Run a few weeks ago.

Finance Department, Stacey Inglis, Assistant City Manager Property taxes collected as of October 31 51 are at about 86% and that is about normal for this time of year. We will have better numbers for you in November. The General Fund revenues and expenditures for September will be available whenever the CAFER is completed around March 2016. The October numbers have been backed up because we have been working on the end of year Fiscal Year 2015, so those numbers should be available the first meeting in December. We are mailing out about 875 delinquent tax bills and that is about the normal amount for this time of year. It equates to about $570,000 that we are trying to collect. Alcohol Beverage License Renewals were due today. There are still a handful of businesses that have not renewed. Our usual delinquents are not past due this year. We are hoping to get all of these renewed by December 15 because after that date they will have to reapp 1 y as a new applicant.

Information Technology Department, David Frizzell, Manager We had 95 Help Desk tickets last month which are increasing as they should. We are well into pilot testing now and I am encouraging our employees to nit-pick so that we can get a grasp on all the issues surrounding the cloud migration.

Innovation & Engagement Department, Angela Thompson, Manager Thank you for participating in our Veterans Coffee Day. It was a great first event and will continue to grow over the years. The Milton Literary Festival was held this past weekend. It was very successful with about 120 attendees and will continue to grow in the future. The Milton Christmas Tree Lighting is Saturday, November 281h at 6:00p.m. We will have Christmas in Crabapple from 2:00 to 5:00p.m. on December 51h. The Pancake Breakfast will be on December 1ih at 8:00a.m. I wanted to thank the Crabapple Community Association for the $500 grant that they gave us for the Village Volunteers.

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Human Resources Department, Sam Trager, Director We completed Open Enrollment and the 2.5% pay increases for all full-time employees. I attended the Georgia Local Governrnent Personnel Association Meeting and participated in some training classes conducted by Megan from Jarrard and Davis. She did a great job and I really enjoyed the training. Our committee for the Alliance for Innovation is going to spearhead Performance Management so we will have a group of employees representing all departments who will be looking at performance management and how to implement the best program for the city. At our next meeting, you will see several documents regarding our Defined Contribution Pension Plan. It is a requirement that we re-state those documents for the IRS.

ADJOURNMENT (Agenda Item No. 15-299)

Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:02 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).

Date Approved: December 21 , 2015

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