City Council - Regular Meeting

Good evening. Good evening everyone. But um we stayed in town. Everyone invite to even everyone.

I would like to welcome Judge Carnosal to the middle of the room, please. Judge, I'll give you this. [clears throat] I would like to invite Mayor Payton Jameson to the front with his family. I state your name. I, Pete Jameson, do solemnly swear and affirm

do solemnly swear and affirm that I will faithfully perform the duties of I will faithfully perform the duties of mayor of this city mayor of this city and that I will support and defend the charter thereof and I will support and defend the charter thereof as well as the constitution as well as the constitution and laws of the state of Georgia the and laws of the state of Georgia and of the United States of America and of the United States of America. Congratulations. [applause] Hello. Hey, Holden. Hey, Bobby. Happy New Year. Nice to see you.

I have yesterday. Thank you.

I would next like to invite Brian Dolan and his family to the podium. Bible.

I state your name. I ended do solemnly swear and affirm do solemnly swear and affirm that I will faithfully perform the duties of faithfully perform the duties of council member of the city council member of the city and that I will support and defend the charter thereof I will support and defend the charter thereof as well as the constitution as well as the constitution and laws of the state of Georgia and the laws of the state of Georgia

of the United States of America [applause] I'd like to invite Juliet Johnson and her family to the podium, please.

I state your name. I Juliet Johnson solemnly swear and affirm do solemnly swear and affirm that I will faithfully perform the duties of that I will faithfully perform council member of this city council member of this city I will support and defend the charter thereof and I will support and defend the charter as well as the constitution as well as the constitution laws of the state of Georgia and laws of the state of Georgia United States of America the council [applause]

[applause]

I invite Jan Kobas and his family to the podium. [applause] I repeat after me. I change do solemnly swear and affirm do solemnly affirm that I will faithfully perform the duties of I will duties council member of this city council member that I will support and defend the charter thereof I will support and defend the charter thereof as well as the constitution as well also the state of Georgia

and United States of America unitates

congratulations Okay. [applause] [applause] Just one more. [applause]

Group picture. I'd like all council to come up for a group picture, please. Yeah. Yeah. [laughter] Can you can we please take one step forward so we end the straight line forward?

Yes. Thank you. Thank you. And you go first. Is it possible to close the gap between uh Yeah, thank you. Sorry. Thank you. Okay.

[applause]

What is happen? Thank you. Hey, thank you. Good evening. I would like to welcome Billy Low who will lead who's the lead pastor at City Church who will lead us in tonight's invocation. And since you have a packed crowd tonight, you know, Billy has a wife and kids and he dedicates his Monday evenings just like us giving the invocation. So, Billy, thank you for your commitment to the city also.

Well, thank you and congratulations, especially Brian [clears throat] joining the council. Congratulations. So, Father, thank you so much for this year u another year, a year that we get to live. Lord, I am especially grateful for this city and the council and the mayor that lead us. Uh and I ask that they would lead us in uh integrity uh that they would honor you, Lord, in the decisions that they make and that you would give them wisdom and discernment as they lead. Lord, as always, we pray for our first responders, our our police and our fire that you would uh protect them and we thank you for them. So, thank you, Lord, for what you're doing and thank you for this city. We pray all this in Jesus name. Amen. Amen. Thank you. Thank you.

I would like to call the regular meeting of the Milton City Council for Monday, January 5th, 2026 to order. The city encourages you to re to review tonight's agenda carefully. 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. 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 a city clerk please call the role and make general announcements.

Good evening, mayor and council. I'll be happy to call a role for the January 5th, 2026 regular city council meeting. I would like to remind those in attendance to please silence all cell phones at this time. If you are wishing to make a public comment, you are required to complete a public comment card prior to the agenda item being called. If you're representing an organization, a notorized affidavit is required stating you have the authority to speak on behalf of that organization. If you have not done so, 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 may be asked to leave. Mayor and council, as I call roll this evening for the first time of this council, please confirm your attendance. Mayor Payton Jameson,

here. Council member Brian Dolan here. Council member Doug Haney here. Council member Juliet Johnson here. Council member Carol Kirkley here. Council member Jan Jacobus present. Council member Phil Kramer here. Mayor, you do have a quorum. Would everyone please rise for the pledge of allegiance? [clears throat] I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. [clears throat]

Okay. Next is the approval of the meeting agenda. Um council, I would like to move all the new business agenda items to immediately follow reports and presentations. And there is also a correction that there is a correction to agenda item number 26-020. There will not be an appointment to district 2 post one tonight as the agenda states. With that, do I have a motion? No executive session. Is that correct, Steve? No executive. Okay. With that, do I have a motion on the agenda? Mr. Mayor, I make a motion that we approve the meeting agenda as amended. Second.

Okay. I have a motion from Council Member Cookerly and a second from Council Member Johnson to approve the meeting agenda as amended. The voting is open. Please place your votes. And that motion passes unanimously. Next is general public comment. Do we have any general public comment?

Bear with me, Mayor. We do not have a Let me just double check. My apologies. We have one general public comment and I would like to go ahead mayor. Okay. General 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. Please remember this is not time to engage the mayor or members of the city council in conversation. When your name is called, please come forward and speak into the microphone stating your name, address, and organization for the record. If you'll please call the first public comment. And you know what, Mayor, great job. Um, these are all for zoning. So

Oh, great. The rules out there. So, I'll go ahead and close that public comment and uh we will now move on to the consent agenda. Will city clerk please items?

Mayor, that first item is approval of the December 15th, 2025 regular city council meeting minutes. This agenda item number 26002. Our next item is approval of a professional services agreement with JQAVEX LLC for the configuration and operation of the city's AV equipment during city meetings. Agenda item number 26003. Our next item is approval of an maintenance service agreement with Tricapes LLC to install new inzone netting at Bell Memorial Park. Agenda item number 26004. Next is approval of a services agreement with Prologix's ITS LLC to install emergency equipment in the city of Milton Emergency Vehicles. Agenda item number 25 I'm sorry 26005. Our next item is approval of a construction services agreement between the city of Milton and Azimuth Contractors LLC for web road and Coinron Road intersection improvement project. Agenda item number 26006. Next is approval of change order number six between the city of Milton and Interdev LLC for an extension to the current managed service contract for managed IT and security support. Agenda item number 26007. Next, approval of a Georgia Technology Authority agency agreement to utilize the State of Georgia GT GTA statewide contract with Verizon Wireless LLC for cellular and data services and related equipment. Agenda item number 26008. Next, approval of a professional services agreement with Tizzy Liz Design LLC to provide graphic design services. Agenda item number 26009. Next is approval of a services agreement with Prologic's IT LLC to install

vehicle decals on city fleet vehicles. Agenda item number 26 010. Our next item, approval of a professional services agreement between the city of Milton and Placemaker Designs PC for planning and architectural services. Agenda item number 260011. Our next item is approval of a construction services agreement between the city of Milton and Wilson Construction Management LLC for Big Creek Greenway Connector. It's PI000015078 and it's agenda item number 2612. Our final consent agenda item is approval of task order number one between the city of Milton and BMKPC for Big Creek Greenway Connector project number 0015078 construction engineering services. It's agenda item number 26013. Mayor Jameson.

Thank you. Do we have a motion to approve the consent agenda? Make a motion to approve the consent agenda as read. Second.

Okay. Okay, I have a motion from council member Jacobus and a second from council member Haney to approve approve the consent agenda as read. Please place your votes. There we go. That motion passes unanimously. Okay, we'll now move on to reports and presentation. Will the city clerk please stand the first item? Mayor, that item is a proclamation recognizing Scott Stata Hutchki for her services to the parks and recreation advisory board in the Milton community. And I practice that.

That's not the first time Scott [laughter] Husky. See, I can do it.

I'll give it shots. Scott Husky. So, um, it is my privilege that we honor Scott Husky tonight. He has been a longtime volunteer of this city. Uh he's lived in the Crooked Creek N neighborhood for close to two decades or over two two decades. Uh served on the Hopewell Youth Association, was the president of that organization, led its growth, served on the parks and rec commission for over 15 years, chaired it for over 10, has dedicated a lot to this community, and a lot of the parks and recreation services that you see today was really the help of him and him leading the charge. Um, I know his wife's going to be happy that he will have some free time now. Um, and I tell you what, you've done a wonderful job, Scott. Um, everything that you've done here, um, you can see and feel it. And I'm telling you, we're going to get that new park up and running soon. Um, as I promised when we talked many, many years ago. So, thank you for all your hard work. It is my honor to recognize you tonight and all of your outstanding achievements in this city. And it's time for a group group picture and to present something to you. SO, THANK YOU.

[applause] [laughter]

A LITTLE CLOSER TO EACH OTHER. Thanks again. [applause] [applause] Okay, we will now move on to the new business items. Will the city clerk please sound the next item?

Mayor, that first new business item is going to be a consideration of a resolution reappointing Keith A. Carnisowl as chief judge of the municipal court for the city of Milton, Georgia. is agenda item number 26016 here. Thank you. Um it is my pleasure and honor to appoint Keith A. Carnosal as a new or as the chief judge. He has served us for the last two years. Has done a remarkable job. We have a very efficient court system. I hope uh or hope not you know if people come to the municipal court that he treats you right. Um but uh he's done a wonderful job and I'm glad to appoint him for the next four years. Um, with that, I would love it if council will uh have a motion to uh accept that appointment.

Mr. Mayor, I make a a motion that we approve agenda item number 26-016. [clears throat] Second. Okay. I have a motion from council member Cookerly and a second from council Jacobus to approve agenda agenda item number 26-016. People are already voting. Uh, all in f [laughter] voting is now open. Please place your votes. That is going to be unanimous. And uh judge, it's now my honor to swear you in. [laughter] Brian, you good?

There we go. Good. I keep swear I keep solemnly swear thou will honestly and faithfully discharge the duties of I will honestly and faithfully discharge the duties of as chief judge of the mun municipal court of the city of Milton as chief judge of the city court for the city of Milton for the ensuing term for the ensuing term

to the best of my ability to the best of my ability without fear favor or partiality without fear favor or partiality congratulations That's it. That's [laughter] it. [applause]

Thank you. Thank you. Yeah, city clerk will stay on the next item. Mayor, that next new business item is the selection of the mayor pro tempor for 2026. It's agenda item number 26017. Mayor, thank you. Um, councelor Jacobus did a wonderful job this past year. I appreciate it calling him on numerous ribbon cutings. Uh, but, uh, it's time that we appoint a new mayor pro Tim. And with that, I'll have council open it for a nomination. Mayor and council, I'd like to nominate Doug Haney to be Mayor Pro Tim. Second.

Okay, sounds good. Uh, I have a motion from council member Cranmer and a second from Council Member Cookerly to nominate Doug Haney as mayor pro Tim. If you'll please your votes. Condolences, Doug. [laughter] And uh, there you go. You can do it. What if I vote against it? [laughter] All right, come on down. I'll swear you in. [applause]

reach forward. I do solemnly swear and affirm I do solemnly swear and affirm that I will faithfully perform the duties of that I will faithfully perform the duties of mayor pro Tim of this city mayor pro Tim of this city and that I will support and defend the charter thereof that I will support and defend the charter thereof as well as the constitution and laws of the state of Georgia as well as the constitution and laws of the state of Georgia and of the United States of America

and of the United States of America [applause] charge.

Okay. Will the city clerk please the next item? Mayor, that next item is consideration of a resolution appointing or reappointing members to the city of Milton Board of Zoning Appeals by appointing a board member for at large district 1, 2, and three, all post one. This agenda item number 26018. Mayor Jameson.

Thank you. So, we're I think we have seven boards we're going to be appointing tonight. Um I will start and then each council member will go from council member I guess Dolan Johnson and Jacobus will each say who our appointment's going to be and then we'll vote all together uh on the appointments for each uh board and then we'll take a group picture. Um so with that we will do board of zoning appeals and my appointment my appointment is Josh Rachel. He is a small business owner, large land owner, um has a wife and four children. Uh and they call Milton home and they give back to this community every day. So that is my appointment. I will turn it over to Council Member Dolan.

Thank you, Mayor. Uh I'm going to appoint Adam Denella. He's currently on this uh zoning appeals committee committee. Uh looking forward to continue on. He's got a great asset. Uh he's just been a great force inside this committee and looking forward to him continue on for the next number of years. Thank you, Adam. Um, I'd like to nominate Lauren Holmes. She's lived here in Milton for 29 years on open land and I'm pleased to reappoint her for another term.

I am nominating uh Billy Karman who's been on the committee and uh those of us that live in Crooked Creek all really appreciate Billy because he stopped uh Bolton County from turning Crooked Creek into a subdivision versus a landfell. So, we appreciate Billy very much. All right. With that, I will open it for a motion on the uh zoning agenda item number 26-018. Do I have a motion? I'll make a motion to appoint the following folks uh as presented for the uh board of zoning and appeals. Second.

Okay. I have a motion from councelor Cranmer and a second from councelor Jacobus to approve the agenda item 26-018. Please place your votes. Okay, that motion passes unanimously. If everybody from board of zoning appeals will come up, I'll swear y'all in and then we'll do a group picture. [applause]

I do solemnly swear and affirm I will faithfully perform the duties as a member of the board of zoning appeals of the city and I'll support the charter thereof as well as the constitution laws of the state of Georgia and of the United States of America. [applause]

You want us to stand up back here? Okay. [laughter] Come on. Snuggle up.

Take one step forward and to your left. A little bit more. A little bit more to the left, please. Just one step. Mayor, thank you. Okay, perfect. Thank you. to add some height to myself. [applause] [laughter] Did

you get all your boxes loaded? My place looks constru. Okay. The city clerk will please on the next item. [clears throat] Mayor, that next item is consideration of a resolution appointing or reappointing members to the city of Milton design review board by appointing board members for at large district 1, two, and three. All post one agenda item number 26019. Mayor Jameson.

Thank you. Um thank you council. I am I will be appointing Ken Warlick. He currently serves as the design review board chair has done it for many years and has done an outstanding job. So thank you Ken. I'll be assigning Sama Coker. Um she was just two years on the committee last year last couple years. Uh so I'm excited to have her keep it staying on. Uh and I got to meet her some weeks ago and just a phenomenal talent. So, we're blessed to have her support in this committee. I'd like to nominate David Jackson for a appointment to another term. His experience and ongoing contributions make him well suited to continue serving in this role.

Fortunately for us, uh Ralph Davia has accepted uh to be another uh term on the design review board. We're really lucky to have him. Thank you. Okay, with that, I will open it for a motion uh from council. Mayor, I'll make a motion to approve the reappointment and appointment of members of the design review board. Second.

Okay. I have a motion from Council Member Cookerly, I mean a motion for councelor Haney, a second from Council Cookerly to approve agenda item number 26-019. Please place your votes. Okay, that is unanimous. [applause] I get all those with the design review board here to come to the podium.

Ralph looks like he's ready to go to a fight, doesn't he? [laughter]

Drive Francesca. Did you drive Francesca? [laughter] Imly swear to affirm I will faithfully perform the duties of faithfully [clears throat] the design of the board member design of this city that I support and defend the charter thereof the charter thereof as well as the constitution laws of the state of Georgia of the United States of America. [applause]

Juliet. Hello. I have to keep you moving. I don't think you can see me. [laughter]

Thanks, guys. [applause] When do you get it back? [laughter] Great.

Thank you. Yep. Please call the next item. Mayor, that next item is a consideration of a resolution appointing or reappointing members to the city of Milton Equestrian Committee by appointing a board member for at large district 1, Post One, District 2, Post 2, and District 3 post one. Agenda item number 2620. Mayor, thank you. Uh, council, it's my pleasure to appoint Greg Rathjen to the equestrian committee. Um, Greg is a a new appointment. Uh, longtime Milton resident, lives on land, has attended the equestrian committee meetings for many, many months, and will do an outstanding job. That is my appointment.

Thank you, mayor. Uh, I'm going to be appointing uh to the Milton Equestrian Committee, Shannon Reagan Quidley. Um, she's this is her next term on the committee. Uh, it's a phenomenal talent as well, and her passion for the equestrian community is unparalleled. So, I'm looking forward to working with her and the entire team of, you know, keeping Milton Milton our equestrian community.

With Matt Plamer stepping down from the Milton Equestrian Committee, I'm uh grateful that I get to appoint Kyle Hester. Kyle originally comes from Perry, Georgia. If you don't know where that is, it's South Central Georgia, so he understands um small town and land preservation, and I know he will do a fantastic job on the question committee. It is my pleasure to renominate uh Tony Rich who has been on the committee for a while as a chair has done a wonderful job in moving uh the large lot uh program that we're working on. So Tony, thank you very much and welcome. Thank you councel. Uh I would like to open it for a motion. May I'll make a motion to approve the appointees for the Milton Equestrian Committee as proposed. Second.

Okay. I have a motion from councelor Cranmer and a second from council member Johnson to approve agenda item 26-020. Please place your votes. Sorry. Okay, that motion passes unanimously. [applause]

You will all come to the front, please.

[cough] Raise your right hand and repeat after me. I do solemnly swear and affirm I doly swear and affirm that I will faithfully perform the duties of perform [clears throat] the Milton Equestrian Committee and that I will support and defend the charter thereof the charter as well as the constitution laws of the state of Georgia laws of the state of Georgia and of the United States of America United States of America [applause] [laughter] You wear that cute.

Good to see you.

You clean up good. Thanks. [applause] Appreciate Are you here? I'm pretty sure nothing matters right now. Mayor, our next item is consideration of a resolution appointing or reappointing members to the city of Milton Sustainability Advisory Committee by appointing a board member for ATL large district 1, District 2, District 3, all post one. It's agenda item number 26021. Mayor Jameson.

Thank you uh council. It's my honor to reappoint Charlie Lancelot uh to the Milton Sustainability Advisory Committee. He's otherwise known as a protector of Providence Park, longtime Milton resident, and has done a phenomenal job with that. Council member Dolan, Juliet, Council Johnson. Um, I'd like to nominate Ashley Logan for reappoint. Her background and experience in sustainability align directly with the needs and priorities of the board and her continued service would be a great valuable asset. I am nominating Beth Korn. Uh she'll be a new appointee and uh Sarah Lita is gonna have her hands full with Beth. She's a person that likes to keep everybody on task. Good nominee.

With that uh council, I'll like to open it for a motion. Mayor, I'll make a motion to approve the appointees as proposed to the sustainability advisory committee. Second. I still got you there. [laughter] Motion Cranmer and a second from Haney to approve agenda item number 26-021. Please place your votes.

Yeah. And that is unanimous. Congratulations. [applause] [applause]

Yes.

[laughter]

Can I have you all come to the front please?

What happened? [laughter] I do solemnly swear and I will faithfully perform the duties of sustainability advisory committee and I will support and defend the charter thereof well the constitution the laws of the state of of the United States of America. [applause]

Thank you.

Thank you. [applause]

So Charlie so much Um, mayor, that next item is consideration of a resolution appointing or reappointing members to the Milton Trails Advisory Committee by appointing a board member for at large district 1, two, and three, all post one. Agenda item number 2622. Mayor,

thank you. uh council is my privilege to reappoint John Leet to the Milton Trails Advisory Committee. Um he's been doing it for a couple years now and has done a tremendous job and so I appreciate him stepping forward and doing it for another four years. Council Dolan. Thank you, Mayor. Uh I am going to reappoint Brian Maloney uh to the trails advisory committee. Uh he has been with us really since the inception of the committee. Brings a lot of passion, insight, and history that'll also help us lead us into the future. Thank you, Brian. I nominate Kesha Asher for re reappointment for an additional term recognizing her value and continued service and experience.

It is my pleasure to renominate Neil Papivis to uh the board. He uh got a real passion for this and it's going to be uh good to have him for another four years. Okay. Council, I'll open it for a motion. Mayor, I'll make a motion to approve agenda item 26022. Second. Second. Okay. We have a motion from council member Haney, a second from council member Cookerly to approve agenda item number 26-022. Please place your votes. [snorts] I'm working on it. I did it.

There we go. All right. That's unanimous. Congratulations. [applause] [applause] [clears throat] Raise your right hand. Repeat after me. I do solemnly swear and affirm I doly swear and affirm that I will faithfully perform the duties of [clears throat] I will faithfully perform the duties of the Milton Trails Advisory Committee Trails Advisory Committee and I will support and defend the charter thereof

as well as the Constitution as well as the Constitution and laws of the state of Georgia laws of the state of Georgia and of the United States of America. United States of America. Congratulations. [applause] You're probably the only one up here that's ever written a book. You wrote a children's book. [applause]

Oh, I'm sorry. We'll switch out. Sorry. Thank you. Yeah, he was too soon. Were you here for the work session? Yeah. Spoken. Better be careful.

Will you please say on the next item? Mayor, that next item is consideration of a resolution appointing or reappointing members to the city of Milton Parks and Recreation Advisory Board by appointing a board member for ATL large district 1, 2, and three, all post one, agenda item number 2623. Mayor Jameson. Thank you, uh, council. It's my privilege to nominate Alan Free. Um he's a youth football coach, baseball coach, uh has three four young young children, lives off lives off of Providence Road and is very active in the community. And it is my pleasure to nominate him for the parks and wreck advisory board.

Uh thank you, mayor. I'm going to renominate Allison Cula uh to the parks and recreation advisory board. Uh again, another standout talent in our community. Uh growing family, takes absolute use of our parks and recreation. who better to give us guidance than to those who actually use our parks and recreation facilities. So excited to have her continue to be part of the team. I'd like to nominate Jason Albertesi for a reappoint. His many years of coaching youth in high school sports provide valuable experience and perspective that continue to benefit the committee.

I am uh nominating uh Chris McCertie to his first time on the parks and wreck and I would highly recommend you get a hold of Scott and drain as much knowledge as you can from him. Thank you for taking on the responsibility. Council, I will open it for a motion. Mr. Mayor, make a motion we approve agenda item number 26-023. Second. Okay. I have a motion from Council Member Cookerly and a second from Council Member Dolan to approve agenda item number 26-023. Please place your votes. And that is unanimous. Congratulations. [applause]

[laughter] I swear your laptop. So like when things come up, I t my so all the notes from various council meetings all in there. Keep stuff straight otherwise. I do solemnly swear and affirm I doly swear and I will faithfully perform the duties of parks and recreation advisory board member parks and recreation advisory board member of this city of the city

and I support and defend the charter thereof thereof as well as the constitution laws of the state of Georgia and of the United States of America [applause] [snorts]

Good to see you. Good. [applause] Alison. Alison. Okay. [laughter] Thank you very much. I appreciate it. It's good to see you. [clears throat] Oh, that might be.

Okay, please call the next item. Mayor, the next item is consideration of a resolution appointing or reappointing members to the city of Milton Planning Commission by appointing a board member for at large district 1, 2, and three, all post one. Agenda item number 2624. Mayor [clears throat] Jameson. Thank you. Um, it is my privilege to nominate Stephanie Butler to the planning commission. Stephanie served on the planning commission a few years ago and was serving the parks and recreation advisory board member for many years and has done a wonderful job. Um, she owns a business, has family, and loves Milton. With that, I will uh turn over to Council Dolan.

Thank you, Mayor. Uh, I'm going to be nominating for the planning commission AJ Bullet. Uh, most of you probably know him in this room. He's a force to be reckoned with in our community. always out and available talking, learning, uh, and wanted to be more part of our community in the direction of our city. Uh, so he's a constant business professional and I think he's going to be tremendous asset to this planning commission. So, thank you AJ for coming on board. I'm pleased to nominate Judy Birds for reappoint. Her continued service provides knowledge that would benefit the planning commission moving forward. I am reappointing Sam Shaw to the planning commission. His legal background brings uh a very important quality to the team. Thank you. With that, council, I will open it for a motion.

Mr. Mayor, I'll make a motion we approve agenda item number 26- 024. Second.

Okay. A motion from councelor Cookerly and a second from councelor Cranmer to approve agenda item 26-024. Please place your votes. Okay, that motion passes unanimously. Congrat [applause] right here. Repeat after me. I do solely swear and affirm I doly swear and affirm

that I will faithfully perform the duties of I will planning commission of this city. Thou support and defend the charter thereof. Well as the constitution as the constitution laws of the state of Georgia laws of the state of Georgia and of the United States of America [applause]

congratulations. Okay, congratulations. [laughter] Hello. Nice to see you. Hi. Nice to see you. Nice to meet you. How are you? Oops. On step six.

Thank you. Thank you. [applause] How's it going? Are you here? Thank you very much. Thank you. [clears throat]

Two more. Ready? Okay. Yep. Mayor, that next item is consideration of a resolution of the city Milton City Council appointing members to the Milton Parks and Recreation Authority. Agenda item number 2625. Mayor Jameson. Thank you. I might turn this over to Steve. Is this the council members or this is to the park and recreation advisory board members? Are they still here? No. Okay. Well, we should do the Okay. So, I will be appointing um Alan Free to the Parks and Recreation Authority. Council Do It's the same. This is your park. Oh, Parks and Right.

Yeah. [laughter] We do this to the new folks. To the rookies. Yes. Alison, I'm sorry. Allison Cula. There we go. Nominate Jason Alvarecy. Chris Mccertie. Okay. With that, I will open it for a uh motion. All right. Mr. Mayor, I make a motion we approve agenda item number 26-025. Second. That's Cookerly and Johnson. All in favor. All right. The motion passes unanimously. Coming up again, y'all.

If they're here. [laughter] Oh, there's there were two Right in the parking lot. [laughter] We lost one in the [clears throat] I will faithfully perform the duties of the park and recreation authority of this city. I will support and defend the charter thereof. as well as the Constitution as well as the laws of the state of Georgia.

State and of the United States of America [applause]

is this one. Thank you. official. I don't know. It's us. Please stay on the next item. Mayor, that next item is consideration of a resolution appointing members to the Milton Public Building and Facilities Authority. It's agenda item number 2626. Mayor Jameson. Okay. Thank you, Jeff. Steve, I mean, we appoint ourselves. You do in in this situation. Um, I don't know that it require

how we [snorts] handle the swearing in of this. I don't think we ever have sworn ourselves in. Do we need a motion to appoint ourselves? [laughter] We do. Mr. Mayor, I make a motion we appoint ourselves.

I'll second that. [laughter] Um, I will uh we have a motion from councelor Cookerly and a second from councelor Haney to approve agenda item number 26-026. Please place the votes. Okay, that is unanimous. We will now move on to the last agenda item on this. If you'll please call it. Mayor, the last agenda item is consideration of a resolution appointing members to the Milton Citizens Advisory Committee for the City of Milton's 2040 comprehensive plan, the comprehensive plan [clears throat] advisory committee. It's agenda item number 26027.

Thank you, uh, council. Uh, it's my honor to appoint Matthew Titus, uh, to this committee. He, his wife and children live on Providence Road. They live on land, a small business owner, and is looking forward to giving back to the community. Mayor, I'm going to appoint Katherine Marshall to the citizen advisory committee. Super excited to get to know Katherine over these last number of months more closely. Uh she's got a family here in downtown Crab Apple. Uh also has been a very successful real estate agent in the area for many many years. Uh so her thoughts, ideas, commitment, our love for this community, it's going to be a great addition to this committee. Thank you. Council Hanning.

Okay. We won't go in order for this. Okay. It's my pleasure to uh to nominate Jamie Rogers. Um I've known Jamie for a very long time since high school. He's a fellow Milton grad and citizen of Milton who's very involved in Alpha and is very excited to get more involved in our hometown in Milton. So thank you Jamie. I'd like to nominate Greg Power as a lifelong resident of Milton. He brings deep community ties and a strong commitment to civic involvement that would be a valuable asset in this role. I'm appointing Cheryl Gyster to the committee. She is a businesswoman who lives in the Deerfield area. Council Okay.

The Danella name is synonymous with service to this community. I am honored that Ann Danella has been my representative at the design review board and this coming up position really takes somebody who will dive in quickly, be consistent, run the gamut, make great suggestions and I immediately thought of you an so she is my nominee and also want to give a shout out to an upand cominging Danella Scarlet Danella is here. She will probably be sitting up here, maybe not in my seat, but in your seat one day. She can have it. [laughter] So, Ann, thank you so much for accepting this responsibility.

Great. It's my honor to nominate Erica Grayson to this committee. She's a young family here in Milton. She's an active participant in the community. She recently went through the Milton Citizens Academy and is currently uh part of the volunteer fire corps and is looking for ways to give back to the community. So, my honor and pleasure to nominate Erica Grayson. Thank you, council. Uh with that, I will open it for a motion. Mr. Mayor, I make a motion we approve agenda item number 26-027, all these great nominees. Second.

Okay. I have a motion from council Cookerly and a second from councelor Cranmer to approve agenda item number 26-027. Please place your votes. And that is unanimous. Congratulations. Come [applause] on up. [laughter] All right, raise your right hand. Repeat after me. I do solemnly swear affirm

I will faithfully perform the duties of the comprehensive plan advisory committee member of this city [clears throat] [laughter] and I will support and defend the charter thereof as well as the constitution and laws of the state of Georgia and of the United States of America. United States. [applause]

Hello.

Okay, we'll have to good snuggle up. [laughter] [applause] [clears throat]

Greg Power here and Ann and I've got Matthew here. Jamie Rogers. And [laughter] it's not.

Thank you so much. I appreciate it. So, mayor, just a reminder, that's a 16 member board and the planning commission members are going to be a part of that board as well as um once they have their meetings with the chair of the BCA and the chair of the DRB. Well, we'll swear them at a future meeting. Yeah, because I don't know if everybody's here for planning commission.

I'll just I'll we'll put on they'll do it later. Thank you. Hey, we generally I think for recall we do that right at the beginning of the uh the first meeting. First meeting. Sounds good.

Okay, with that there are no first presentation items. We will now move on to the public hearing. Will the city clerk please say on the next item? Mayor, that first public hearing item is going to be consideration of the issuance of an alcohol beverage license to Ram0905. It's doing business as extra mile. It's located at 13625 Arnum Mill Road in Roswell, Georgia. It's 300075. That is located within the Milton city limits. This agenda item number 26 014. Our deputy city manager, Bernardet Harville.

Good evening, mayor and council. Before you, we have an alcohol beverage license application for Ram 0905 LLC doing businesses extra mile. The establishment is a gas station and is located at 13625 Arnold Mill Road. They are applying for a retail package sales for off- premises consumption of wine and malt beverages including Sunday sales. The public hearing was advertised in the Milton Herald on December 25th and January 1st. And you can see the notice was posted in front of the building in compliance with the city code in the photo on this slide. Here's a map of the surrounding area for context of the business location and any other ABL holders, which there are none of this existing time. And I'll be happy to answer any questions you may have about this application. Thank you. Do you have any uh questions for uh Miss Bernett on this? Do we have any public comment on this?

We do not on this item, mayor. Okay. I will close the public hearing and then I will open it for a motion. Mayor, I'll make a motion to approve agenda item number 260014. Second. Okay. I have a motion from Council Member Haney and a second from Council Member Dolan to approve agenda item number 26-014. Please place your votes. See?

All right. That motion passes unanimously. Thank you. Will city clerk please say on the next item? Mayor, that next item is consideration of the issuance of an alcohol beverage license to Yum Thai and Sushi LLC. It's doing business as Yum Thai Cuisine and Bar, 3100 Heritage Walk, Sweet 102 in Milton. It's agenda item number 26015. Bernardet Harville here in council. The second alcohol beverage license application is for Yum Thai and Sushi LLC doing business as Yum Thai Cuisine and Bar. This is a fullervice restaurant under new ownership and is located at 3100 Heritage Walk Suite 102. They are applying for consumption on premises license for wine, malt beverages, and distilled spirits including Sunday sales. This public hearing was also advertised in the Milton Herald on December 25th and January 1st. And you can see the notice was posted in front of the building in compliance with city code in the photo on this slide. Here's a map of the surrounding area for context of the business location and other AL holders in the area. The restaurant meets the seating requirement of 40% of its square footage being dedicated to seating and meets the food and beverage sales ratios for an eating establishment as well as Sunday sales. I will be happy to answer any questions you may have about this application.

Okay. Any questions for Miss Bernardet? Okay. Any public comment? There are none, sir. Okay. I'll close the public hearing and I will open it for a motion. May I'll make a motion to approve agenda item 26-015. Second. Okay. I have a motion from Council Member Cranmer and a second from Council Member Jacobus to approve agenda item number 26-015. Please place your votes. Okay, that is unanimous. Thank you. Thank you. Okay, we'll now move on to the zoning agenda. Will the city clerk read the zoning rules and say on the items?

Thank you, mayor. When the mayor and council consider zoning agenda items, including reszoning petitions, zoning modifications, use permits, variances, and ordinances, resolutions, and tax amendments, the following procedures apply. The applicant supporters will have a total of 10 minutes to present. The opposition will also have 10 minutes to present and may use any remaining time for rebuttal. The applicant may reserve time for rebuttal and as the party with the burden of proof may make closing remarks if time remains. All speakers will be called in the order in which the speaker cards have been received and will address their must state their name, address, and organization before speaking. The planning commission has reviewed the items and forwarded its recommendations to the council. No new materials may be submitted at the meeting unless requested by the council. All materials should have already been provided to the community development and include department and included in the council packet. Any opponent of a reszoning action who within the two years prior to the filing the opposition has made campaign contributions totaling $250 or more to a local government official considering the application must file a disclosure with the governing authority at least five day five days before the planning commission meeting. Failure to comply with state law constitutes a misdemeanor. Therefore, if you have contributed $250 or more to a council member and have not filed the required disclosure, the city attorney strongly recommends that someone else presents your position. Our first zoning item this evening is consideration of RZ2508 for a text amendment to section 3.1.4 building placement and respect to setbacks in the AG1 district and section 8.8.19.B.2 two and article 13 definitions in order to add setbacks for qualified subdivisions and pools to the unified development code for the city of Milton, Georgia. This agenda item number 25330 interim community development director Diana Wheeler.

Good evening, mayor and council. Get the presentation up in just a second. As was just stated, this item concerns a text amendment uh that is being brought to you this evening for consideration regarding building setbacks in AG1 districts. Some of you may recall that last summer we had two applications that the council considered for variances uh for setbacks. Um the request was to reverse the current setback requirements which is 60 foot front, 50 foot rear in order to have the 50 foot in the front, 60 foot in the rear. Those variances were approved. But during those hearings, it brought up conversation about the appropriateness or maybe the opportunity to look at um amendments and flexibility to our unified development code with regard to setbacks. The council directed staff to take a look at those uh setbacks and asked staff to come back for further discussion which we are having this evening. The purpose of having the flexibility with setbacks in order to accommodate better building placement, preserve more trees and natural areas without increasing density. And so our proposal to you this evening is several options for you to consider that would accommodate better design by reducing front setbacks, increasing rear setbacks within qualified subdivisions. So a qualified subdivision as we would propose it are subdivisions that consists of residential lots less than three acres in size that are platted after tonight and do not provide any kind of pass through traffic. So, they're closed subdivisions. They're generally smaller subdivisions that don't have um drive-thru access through the subdivision. The number of lots

cannot exceed what the standard zoning would allow under our current standards. And so the existing is what you see on the left side of the screen where we have currently a 60-oot front requirement, 50 foot rear setback requirement, and then there is a 10-ft setback for swimming pools. One option for you to consider is comparable to the um applications that were reviewed last year with a 50-foot front setback, a 60- foot rear setback, and then the pool would move further away from the property line to 20 ft. And that opens up an opportunity for a tree safe area at the rear of the property, which under option A would be 15 ft. We discussed this option with members of the developing community and they said that while this was a good option, their preference is for something that allowed even further reduction in the front setback in order to gain greater flexibility on the rear. And so they requested consideration of a 40ft front setback, 70 foot rear setback. The pool is then further away from the rear property line at 35 ft and that accommodates a 30-foot tree preservation area at the rear of the property. This proposed tree protection area would preserve what exists on the property in its existing condition. It can include a fence, but it cannot include storm water management, detention, grading, or other improvements within that preservation area. So the text amendment for option A would look something like this where we see the standard zoning requirements in black and then in red we identify qualified subdivision. We identify what the definition is which we talked about the lots that are less than three acres in size. And we would say that where there is a 50-ft front yard setback, a

60oot rear yard setback is required. And then that last 15 ft along the rear property line would be the tree protection or natural area. And then a companion piece to that for swimming pools where there's a 50-ft front setback then the pool would be 20 ft from the rear property line. For option B, similar again instead of the 60 foot 40 foot front setback for qualified subdivisions, 70 foot rear setback for qualified subdivision. Again, the same definition of a qualified subdivision where 40 foot is required in the front, 70 foot would be required in the back. And then the tree preservation area becomes greater at 30 foot contiguous to the rear property line. Swimming pools where there's a 40 foot front setback, there would be a 35- foot setback from the property line for the pool. We presented these two options to the planning commission last November. Um there were a number of um residents there who feel that or felt that um this proposed amendment may affect a new subdivision close to their property. And so there was a lot of discussion about this, a lot of public comment. The planning commission considered all of those comments. They deliberated and finally determined that they would recommend a compromise solution. And so the planning commission's recommendation is that the front setback be 45 ft. the rear set back 65 feet. The pool would be 30 feet from the rear property line. And then there would be a 25 foot tree preservation area. And that amendment in the code would look like this. Very similar to the other ones, but again, 45 foot front setback, 65 rear, 25 foot um tree protection or natural area along the rear property line. And the swimming pools would be set back 30 feet from the rear property line. So the benefits of

having this kind of flexibility with setbacks is it allows better placement for the home. It allows for fewer variances because a lot of the variances that we have have to do with amenities that are placed in the rear yards. It allows for more tree preservation. There's certainly a benefit to adjacent property owners, particularly those ones in the rear. And of course, it's less intrusive with a septic system. So if you look at all of the options now, we have them lined up and as you can see the existing on the left side and gradually as you move across from left to right, you see a reduction in the front setback, an increase in the rear setback and an associated increase in the amount of tree preservation area. We looked at what surrounding communities do and in Alpharetta um any lot that's at least one acre in size has to have a front setback along a local street which is all internal subdivision street 50 ft and the rear setback is 50 feet in Roswell 1acre lots which is what we're talking about this evening also have a front setback on local streets for 50 feet rear setback is 40 ft for 2 acres they require 60 ft front setback and in John's Creek it's 60 feet for the front setback regardless of the size of the lots. So as you can see by the orange colored arrows the majority um of what comparable communities do surrounding areas um is similar to option A that we're proposed this evening. So, we also wanted to look at a comparison of subdivisions that had different setbacks to see what impact uh the setback would have on property values. And so, we chose two subdivisions located about a half a mile apart off Freemanville Road, both

established around the same time. So, the homes are about the same age in terms of the development. The setback for the Highlands are the standard city setback, 60 foot front, 50 foot rear. The setbacks for Kingsley estate are vary. They vary between 30 foot and 50 foot um because this is a very ciruitous site plan and layout. And so the the front setbacks at least in Kingsley are a lot closer to the street than they are for the Highlands. Both subdivisions had one recent sale last year. Um as you can see u both homes look very similar in terms of quality and size. They're both six-bedroom homes and they sold just a few months apart and you can see by the sales price they're fairly comparable in terms of valuation. So although this is not an exhaustive study just based on these two the conclusion that you may draw is that the setbacks don't necessarily impact property values. We also looked at tree canopy. We know that a third of the law of of existing trees that are on a lot have to be preserved. Um if we look at a standard 150 foot wide lot, a third if you measure from the rear uh constitutes about 55 lineal feet into the depth of the lot. And so you can see why a standard 60- foot front setback and 50 foot rear setback is challenging because to preserve a majority of the trees or a third of which is what's required, a 50-ft rear setback doesn't cover it, which means that trees have to be preserved somewhere else on the lot. A 60ft rear setback would cover the 55 foot. Um, a 70ft rear setback, which we saw with one of the other options,

exceeds what would be required. So, a greater rear setback makes it easier for builders to preserve the trees because they necessarily remove most of the trees in the front to build the homes and all of the amenities on the property. Um, the greater rear setback makes it more likely that homeowners will keep existing trees because most of the amenities that they look for have already been built closer to the home. We did a visual comparison of two subdivisions again. Kingsley on the left and this is the preserve at North Valley on the right. And you can see the difference between 40 foot and 60 foot. But this is an aerial assessment and most people don't experience subdivisions from the air. If you get out in the middle of the street and just look down the street, um the distinction between 40 and 60 is not that great. uh just because there's topography, there are contours, there are trees, there are um all sorts of visual cues that don't necessarily make it clear um what this front setback is. So, it's not not as clear when you're looking at it from a street perspective. Front setback pros and cons. If you reduce the front setback, you increase the rear yard and that helps preserve trees. That means there's more space for accessory structures which are only allowed in the rear yard. We can't have any of those in the front. Um, and there's more separation between neighbors. So, that helps in terms of uh the issue of privacy and other things. Uh, noise and other things that normally happen in the rear yards. But then again, reducing that front setback is not customarily found in most of our existing subdivisions. it may affect the perceived aesthetics and there is certainly less appearance of less spaciousness um with a reduced front setback. So putting all of those together and

weighing all of those, the questions to consider first is number one is setback flexibility now that it's been explored. Should the unified development code be amended to allow reduce setback in specific situations? In other words, for qualified subdivisions. That's the first question that needs to be addressed. If the answer is yes, then we have two additional questions for you to consider. But the first one is do you want to do this and proceed with this now that we've looked at that option and provided you some um some different um options to consider um that vary you know somewhat and significantly from what currently exists. So ask for your input on that first question. Oh. Um, we're going to probably have some public comment before um is going to be my

very good option. So, okay. So, these are the three questions for us to take a look at and consider. Yes, absolutely. All right. Is that your presentation? That concludes my presentation until after public comment. If you have questions, you can ask of me. I'm happy to answer. Perfect. Thank you. Thank you. So, we have uh 10 minutes per side and we have um support and opposition. Correct, Miss Tammy? How many do we have for each? Well, we have two in support and two in opposition. And I just wanted to make a quick clarification, Mayor, if you don't mind. Uh Barbara Williams, you are talking about agenda item 332. Is that correct? She's still here. Yes, she she's Arnold Mill Road.

Okay. And Mary Kron, you're 333, correct? Okay. Not [clears throat] Okay. So, um and uh Okay. All right. So, three in opposition and then two in support. Mayor. Okay. So, we will first call the U. Speakers in support. I invite George Bulmer. Bulmiller. Bulmiller. Am I saying that right? You can state your name for the record. We'll have it on the record and your address, please. Good evening. My name is Lisa Biller.

And I'm George Biller. We live at 14708 Taylor Valley Way in the Taylor Glenn subdivision. After the November 20th planning commission meeting, I wrote to you all about my frustration of the city of Milton's inability to say no to development that does not uphold the standard that was initially intended to keep Milton's rural field. It seems perhaps our current AG1 rules are having unintended consequences and are outdated and probably should be looked at. The houses being built in Milton are getting bigger with additions of pools, pool houses, etc., yet are being built on only one acre lots. And as a example, my house that's 20 years old, the houses that are currently being built are probably take up twice the amount of space as, you know, footprint as what's going on there now on a 1acre lot. And we're on one acre. And if the city of Milton is not going to say no to the type of development that is currently occurring in Milton, we believe the city should adopt option B of the proposed text amendment to the zoning ordinance RZ25-08. This measure leaves a 30-foot undisturbed buffer between the new development and the old one. In our case, it would also I mean it would give us more privacy plus it would also preserve some of the existing trees since it is a wooded property that we're talking about that's personally affecting us. Thank you for listening and for all you do for Milton.

Thank you.

I invite Tom Goggger and Kim Good evening, council. Um, we are Tom and Kim Goggger. We live [clears throat] at 14700 Taylor Valley Way here in Milton. We have been u to many of these meetings on this topic and most of you know us. Tonight, the council is considering options to amend the UDC zoning requirements for setbacks. What's at stake here is the privacy and property values of existing homeowners. There are two points that I really want to make to you this evening. Point one, new construction in Milton is quickly rendering the AG1 zoning obsolete. The square footage of new homes being built today are much larger than any of us imagined. Building 8,000 and 9,000 foot homes on 1acre lots seems impossible. perhaps impractical and maybe even irresponsible. New homes are being constructed with multiple garages, pools, patios, pavilions, larger five and sixbedroom size septic systems, and other recreation areas. And this is this is a a change from what we've seen in the past here in Milton. My second point, we're here to support option B because this option will provide existing homeowners like ourselves with three times the tree preservation area along the rear property line. It will also allow the buyers of new homes to construct pools and outdoor recreation in their backyards without requiring variances. Most people don't sit in their front yards for recreation. Front yards tend

to be ornamental. Homeowners want backyard privacy. pools and recreation and this is most impactful for the enjoyment of their property. The proposed zoning amendment would not be would not be used citywide. This change only applies to qualified subdivisions as we've heard. It would apply only to those lots smaller than three acres with internal streets that do not pass have passroughs. Essentially, these are culde-sacs at the end of streets or small one street neighborhoods. This will not impact every home built in Milton. The ability to provide additional flexibility when it comes to property setbacks is already being used frequently in Milton through the variance process to change setbacks. It's currently being used in Little River Farms, Crescent Ridge, Blakeley Manor, Crab Apple, Riverbend, and many others. Without this amendment as a tool to protect existing homeowners, we we believe the city needs to begin rejecting impractical or irresponsible proposed building on 1acre lots prior to review and LDP as they cannot meet hydrarology, tree canopy, septic, and impervious surface requirements without significant variances issued by the city. Please help us to address the current trends in new construction while protecting existing Milton residents. Let's keep Milton Milton.

Thanks for your consideration and service to our city. Thank you. Thank you. Is that all? That concludes in support of and then I have three in opposition. Okay.

I invite Mark San Franc. Good evening, mayor, city council members. Uh again, my name is Mark Sanfatello. I live at 300 Blackberry Ridge Trail. And uh I I've given a lot of feedback on this amendment. I've given a lot of written feedback and it's been as far as I u um understand. It's been fairly considered. I really appreciate that very much. Um it's an important issue to me personally. I also think it's important to Milton to get this right. Um, with respect to many of the comments that were made tonight, I provided data um to to city council about the number of variance requests overall. I provided the source data even, I think, to to uh city council as an attachment. Over roughly a three-year period, there's been an average of just under two and a half variance requests per month. Um, to me, that doesn't sound like a process that's out of control. It sounds like our land use standards are working quite well. Um when you constrain that list further to those that go directly to reducing the front setback there were four. Now you can qualify that list in a number of diff different ways. You can look at rear setback variances and say well that that would be handled perhaps by a change in the front setback. The my point is the data doesn't exist to show a clear and compelling problem that needs to be solved or that demonstrates that our current land use standards are out of out of date and need to be revised. But I've given a lot of feedback and I I do appreciate the fair consideration of that. I appreciate the proactive communication by city staff on this matter. Um I've participated in four meetings before this evening. I I want to focus comments at the end of this though narrowly on fairness and

consistency. Um, one of the questions that that's posed by city staff is if this is approved um uh what to do with with developments that are substantially underway and and for for whom you'll have a set of homeowners that will now experience a varied streetscape and they had no way to foresee that coming. I'm one of those homeowners. I'm I'm with another tonight and and have discussed it with several new homeowners in my neighborhood. Um, as a matter of fairness and consistency, I' I'd ask if this is approved that there's a very clear and specific carve out for any development substantially underway and not yet complete. Um, I noticed the plat, which I hadn't seen earlier, and I'm not sure if that's an update or not. Um, but I don't believe my subdivision would would qualify. So, I want to make it very clear that I think that's fair and principled. There's an important distinction between a home buyer in the future that would understand, excuse me, that would understand the implications of this amendment and would know that they're buying in a subdivision that that may have a varied streetscape um or there may be the possibility of it. Um it's quite different for a homeowner that made a decision to invest in property um before any mention of the change to the setback came up and to have a a varied streetscape really imposed upon us in a way that we had no opportunity to provide input to and I'd suggest to you is just a basic matter of fairness. So I've given a lot of feedback again I will I will thank city council. I've got good I've got confidence honestly in our governance process as an outcome of my interaction uh uh through this process. Um but I I will um reinforce how important it is and I think fair it is for city council if this is approved to make sure that there's a clear carveout for any

subdivision or any development currently underway but not completed before uh this amendment takes place. Thank you for your service. Thanks for your attention tonight. Thank you. Thank you. May I invite Mary Krock to the podium, please. [clears throat]

Good evening. I'm Mary Kunk and I live at 600 Hickory Mill Lane. I believe that approving a decrease in the front setback in AG1, particularly for 1 acre homes, does not align with the city's vision for rural Milton, and ask that you do not approve any of the options tonight. Approval of this text amendment would encourage the type of properties that are more appropriate closer to downtown areas and particularly on 1acre lots. Um, look at the homes in Alfred on Canton Street. While reduced front setback works well close to downtown Alpharetta, that's not the vision for rural Milton and would diminish our city's uniqueness. Approving a decrease in the front setback will likely be at cross purposes with our large lot incentives, allowing people to build larger homes and have more things, recreational areas on smaller properties. Approving the reduced front setbacks would likely act as a disincentive for our large lots. While some developments lately have received uh variances for reduced setbacks due to topography or other hardships, people want to move here even with our current setbacks. So why should we change those standards, especially on a 1 acre lot? Instead, developers may need to increase lot sizes to accommodate larger homes, pools, and other amenities, which would again align with our larger lot incentives. Many current homeowners on AG1 lots are able to accommodate pools. And if people want larger homes with more amenities and outdoor recreation areas, then logically they should be purchasing larger lots. Um, I really believe that perhaps the best way to look at this is [snorts] to not include one acre lots in this front back incentive because or front back front setback um and really focus more on two and three acre lots where it does make

more sense and they can have more things on their property. Thank you as always for your time and careful consideration of this and all other issues that come before you. Thank you. That concludes public comment for this. Thank you. I will close the uh public hearing and ask Miss Diane to um come up if you don't mind. Um I do have one question uh regarding this. Um there's been a lot about this tree preservation area, but then I hear undisturbed buffer. Can you tell me what the difference of those two are?

Well, the difference is that in an undisturbed buffer, you cannot do anything. You can't disturb it. But in a tree preservation area, it's to preserve what exists. So it could be heavily vegetated. It might be sparssely vegetated and you can also build a fence in there. So, you're just keeping what exists. That's that's the difference. My I guess then my followup is is a if a homeowner [snorts] buys a piece of property, builder sells it to the homeowner, can the home homeowner cut trees down within the tree preservation area unlike they can't in an undisturbed buffer?

That's true. That's true. But it is less likely to happen because with a lot that has that tree preservation area, the home and the home's amenities, all of the additional structures and everything that go in the back have been moved further away. And so there really usually isn't a need for that to happen because what they have already exists. It it's already been built by the builder. So, I'm just making sure because, you know, there's a lot of cause and effect as we approve some of these things if approved. In theory, though, if someone wants to cut trees within the tree preservation area and as long as it meets the tree canopy, they can do that.

That's correct. Unlike an undisturbed buffer, you can't at all. Correct. That's right. And most undisturbed buffers oftentimes are part of an HOA as a separate platted lot in order to ensure that people don't feel like it's my property and I can go ahead and you know what they normally would want to do within their property. That would be an undisturbed buffer for the most part. This is just a tree preservation area to help provide that separation. And if it's heavily wooded, then the at least the builder is going to keep all the trees.

Okay, that answers my question. Thank you. Uh, council questions. Diana, the number of variances that have come forward over the year, maybe two years, to reduce front setbacks. I heard the number four thrown out tonight. Can you validate that number?

I don't have that information. And I can certainly look that up. But a lot of times it's not so much about reducing the front setback variance is allowing encroachment into the rear setback because all of that front area can't be built upon with any of the amenities that people like to have. And so that's what sort of pushes and compresses that rear yard. And so it's not just about how many variances for the front. A lot of the variances are for the side and the rear because there's not enough room to do the things that people want to do.

Yeah. Having the data, even looking at the back, then just to have a perspective of again the comment was, are we solving for a problem that doesn't exist? I would love to look at the data to say, hey, how many variances have come in? Should we address it through a text amendment or is the current variance process adequate? I just don't have a good answer without the data. Does that make sense? Yes. It sounds like it's four times in the last three years. Yeah. I guess that's what I want confirmation on. Yeah. I've been saying the same thing as what where the demand set is. We don't seem to have that demand set. Yeah.

We know it's come up numerous times. I mean, I think tonight is to be prepared for whether it does come up. I don't know that we really need that data. It's going to come up at some point. And the question is, do we approve it? And how do we want it if we do approve it, how do we want it executed? Correct. Correct. Right. Okay. And I kind of want to go back to this undisturbed buffer versus tree preservation because those are two different things because if it's an un true undisturbed buffer and we're going to give up 10 feet in the front to get 15 feet of an undisturbed buffer in the back for AG1. I could start thinking about that. You could get both. Well,

you could have tree canopy in a separate place and undisturbed buffer, right? I mean, if if what you're looking for is to change that language to undisturbed buffer, that's not a hard thing to do.

Well, that's a question I kind of want to ask staff is what are the causes and effect on land owners, right? And if we change that verbiage, is it appropriately been advertised for, you know, can we just change it to undisturbed buffer from tree preservation area knowing it's a big deal if that's something council wanted to do? That's the question I have for the city attorney. this one. [laughter]

Uh I think if it's a significant change, you know, you'd have to consider uh starting over the process, but uh it depends on what the change is that you're promoting. I I think an undisturbed buffer versus a tree preservation area change. Sure. Is that I mean I just I'm kind of leaving it up to y'all. So I think both are defined in in different capacities and serve different purposes. Okay, that answers the question. Any [clears throat] other council? Yeah, I got a couple. Yeah. I find it hard to believe that if you had the undisturbed buffer that a homeowner that all homeowners are never going to touch that area. Well, they could. There's more teeth to it. I think that's correct.

That's right. They proactively plant in the buffer. You just can't take Yes, you can supplement an undisturbed buffer with more trees, but you can't plant a fence in it. Right. Right. And so that's maybe a potential hardship for some people. [snorts] Yeah, that'll be the that'll be the next go is, oh, we built it this way. I need a fence for my dog and the pool. It's like it it all becomes a slippery slope. One point is enough. You build it in front of the buffer. Yes, you should, but they won't want to. Are you changing the one-third canopy requirement when you have the tree preservation area? No. So basically a lot of the builders all the tree canopy is going to be in the back of the lots.

That's right. To me that's a negative. Well, it doesn't have to be. But

I mean people can plant thinking about the way builders operate. To me homeowners plant in the front. You have homeowners have free reign. I I wonder whether there isn't a bigger issue here and we need to take a look at AG1 overall versus just this one particular thing. There's no question that the size of homes have changed. They're dramatically different. And in some cases, you drive by and you look and you say, "How how can they stick that size house on a oneacre lot?" And they figure out a way to do it. And I'm wondering whether we don't need to take an overall look at AG1 and what we require and don't require versus doing a single shot here and then somebody else brings up something else and we take another look here. This gives us an opportunity to advertise it, get a lot of citizen input and then say, "Okay, this is the way based on the way things have changed." Um, I mean, somebody talked about their home versus the new homes. There is there's a lot of change that has occurred. But I think just making this one little change is a problem. At least it is for me versus taking a look at all of AG1.

Yeah. I think if anything, I know we we focus a lot on large lot incentives. this becomes a small lot, a oneacre incentive, which I think is what we want to not happen, right? We want to we we want homes on larger pieces of land, not more monstrous homes crammed into oneacre lots. And so, if anything, I wouldn't want to disincent builders to build on one acre. I mean, I know we don't necessarily want to say that that's what we're doing, but we want the incentives to be so much greater on large acre that they wouldn't want to build on one. So from this conversation, one would think that staff and council allow all kinds of things to be built on one acre lots that are not within our approval codes and that we're encroaching on what should be impervious areas and that we're doing this and we're doing that. And the fact of the matter is that's not happening. people have more money to spend. They're going vertical. They're going out. They're adding pools. I mean, I it's just it's a trend of what people are expecting to live in now. But am I wrong in saying that while visually it's different? And I mean, it's it is not only visually, but it's actually different. What we're approving is well within our criteria of tree canopy, impervious lot setbacks, etc.

Are we amending the rules anywhere? No. I mean, no, we're not proposing any changes.

No, no, this is about changing the setbacks, but the conversation has been tonight about are people built people are building things and it's these month, you know, giant homes on one acre lots and you know, there's a couple of facts here. Yes, people are spending or I think spending more money for homes on one acre lots and they might be bigger, but you know, not everybody has the money to go have two and three acre lots and there are two and three acre lots in all kinds of subdivisions here that have not sold because they're very expensive, you know, and as I was sharing with you before, I learned that's more of a construct of how developers are financed. you know, they're financed by people who want a quicker [clears throat] return. Large lots sell much slower and that's very hard to get that turn. So, unfortunately, that's the nature of the beast. And so, it comes down to I don't think you can force people necessarily into threeacre lots like that. No, I would think that most people in Milton, if they heard what you just said, they'd say yes, large lake acres sell slower, and that's what most people want is they want less development. They want it to remain.

We all want that, but there's also property rights of people being able to sell the propert. Understood. And they have the right to build it exactly as AG1 says now, but they are building it. Well, yeah. I mean, well, the question is, do you want everybody to come in and seek a variance for the things they want or four times in three years? Isn't everyone? I I agree. Listen, we have we have checks and balances in place. AG1 is AG1 for a reason. And if somebody has a variance, they go to DRB and then to BCA. And if no one shows up and raises a red flag and says, I oppose that, then it's going to get approved. But if that process is there so that when someone does bring forth an opportunity to change that and there is opposition, it doesn't happen.

Well, that's how that's how you see it. That's fine. Yeah. Steve, um, taking a step back and looking at the overarching issues I think that we're seeing as a city. Um, has staff looked at some of potential changes that you know maybe we can see and have a community feedback and planning commission a lot of engagement.

Well, as it's that's been mentioned tonight, there are are already some things in place that that aim to uh prevent overgrowth on on an individual lot. the uh the impervious surface which is 20% on uh on public roads. That's designed in addition to help with storm water and runoff. Um but it's also designed to limit the size of homes um and the associated amenities. Things are building to a larger scale right now. I think that is undeniable. Um, and are there other tools available to us to potentially look at how we can control um, that growth? If that's not what the city and the council feels is appropriate for the city of Milton, there are other tools out there. We could we could look at our existing ordinances related to impervious surface, our tree ordinance. Um, those are opportunities there. There's other uh other tools out there. We've discussed floor area ratios which are used in cities throughout the area which which can help identify based on the size of the footprint whether it's the heated square footage of the property or whether it's the impervious surface maybe that can help dictate what the various setbacks and things like that look like. So there are opportunities to bring other tools in. This however it would likely be one of those tools that that the council would want to consider along with those.

I think councilman Jacobus's point he doesn't want to do a peace peace meal. Is that correct? Am I speaking right on that? Um yeah I'm a little not concerned but if it was a true undisturbed buffer and the neighbors behind are protected and they're aware of that and that's what they believe. I think you know that would be something that we can talk about also when we talk about this AG1 stuff. But [clears throat] if it's just a tree preservation area and there's really no true protection and the residents think they are getting protection but in reality it's not going to do much protection if a new resident is going to come in and cut down trees and there's no teeth to it. I mean that co that causes a little bit of concern right there. So

Steve is is when was the last time we looked at imperous surface? You know, one of the things I wonder is is as we get more and more developed and we take away more available free land, should that number change? Should it have been, you know, should we look at that perhaps? Um, there's other tools there related to that as well. Um, there's stormwater utilities that that have been introduced in in various areas related to imperous surface. That might be a tool. Not recommending it necessarily. I'm just throwing it out there. Um, [clears throat] impervious surface was changed. I'm looking at the mayor because he was part of that. I think it was about 12 years ago.

Planning Commission. It was a long time ago. Um, and it it was done as I said for it was twofold. Uh, so there is the opportunity to look at that again and see what kind of impacts those those could have. I have not taken the opportunity to compare our impervious surface limits to those of our surrounding cities. I would guess that we're probably somewhere in the ballpark of the others, but all of these are opportunities.

So, take that one step further. How much latitude do we have on a potential seller's property [cough] to to change some of those things? And at what point like like when do you when is it unfair? Like how much can you do before it's unfair and we're just going to get mired in litigation?

I mean you have leave the litigation to to the attorney, but you have multiple stakeholders in this situation. Obviously you have the current homeowners which you heard from today. You have the future homeowners who don't necessarily have a stake at this moment, but when they come in and they seek variances because they didn't realize that their builder built out as far as they could with imperous surface, they're now before us seeking variances and that's become a challenge for us. Um, there is another stakeholder and that is the current property owners who have been here many for generations. um and much of their their family's generational wealth is tied up in their properties and and to your point about property rights.

And I think from a uh from a policy standpoint and from a legal standpoint, again, I'll leave that to Jeff, but um I think what wherever we land, it has to be through those three lenses.

Well, Dan, you want to pull up those three questions for us? You don't mind? They're up on the screen. Oh, they are. Yeah, I see. Yeah, I don't have them. Yeah, I [snorts] don't see them. Bring the magic back up on my screen. [laughter] Call it. There you go. Here we go.

Okay. So basically you just answered the first the first question and if it's no then we don't even need to worry about the second questions. Correct. Is that fair? That's right. Okay.

All right. So um council have any more um opinions on this? Because I'll have to call for a vote and that will depend on how we go. I'm going to side with council member Jacobus on this. Um I'm not prepared to vote. I'm not necessarily conceptually disagree with the idea of changing setbacks, but rather take a look at it comprehensively. Let's look at all of AG1. Let's look at the impervious uh ground. Let's look at the the tree canopy. Let's look at everything in totality [clears throat] so we don't inadvertently make an error in addressing one item of AG1. That's where I stand. Yeah, I'm kind of agreeing with you, Council Cranmer, as well as uh Council Member Henny. Uh I think there's not enough data, right? I want to look at more data, look at I think some of the tools that we've been talking about to help us make a better assessment around the holistic approach of the zoning issue.

Yeah, I would I would rather find ways for builders to want to build on larger lots than smaller lots. And honestly, I came in here very undecided and was hearing both things. But knowing that the current development we have at stake, it's not an undisturbed buffer. So, it's really not legally protecting them in perpetuity. And I think that changes my analysis on this. It's good sometimes to hear feedback from these residents to hear there is this overarching theme of what's going on in the city and for us to take a step back and look at it in a holistic approach. We kind of just take it one take one one big bite. So

Diane, could could the could some teeth be put in the undisturbed buffer [cough] that they could be protected? Well, right now it's called out as a natural area tree preservation, but if you changed it to an undisturbed buffer, I mean that's already defined in our code. [laughter] So that can be done. So that [snorts] was my question to the city attorney or state and perhaps there's middle ground on that as well. Uh, I know there's been discussion as as far if that is a point of contention that that tree preservation or whatever we're calling it. Um, there would be limited ability to be able to take down trees so long as you go through the permitting process. I don't know what people may do on their own. Um, but

but there's no as long as they meet the tree canopy. There's no teeth to it. But there would be or there could be um without changing it to an undisturbed buffer there. There could be, and I'll I'll leave it out to the experts, where if you are now platting these subdivisions, these these qualified subdivisions as part of that plat, you would have that tree save area or tree preservation area clearly written in there, and we could have rules specific to that area. And correct me if I'm wrong. I don't I don't know that that would be the same as instituting a an undisturbed buffer.

Yeah. I I [clears throat] just don't know how many residents will know that or will care. We battle that every day right now with with the calls for trees coming down. I'm sure. Exactly. Cuz right now they clear they can clear cut to the property line. Correct. Ag with the understanding that the 30 a third of the canopy should be coming from existing

just to for council discussion. I'm just curious. So what type of what would you change in this tree preservation area to put teeth to it that's technically not called an undisturbed buffer and I don't like doing this on a DAS on this night but this is what happens when we have these conversations and things come up. So I wouldn't be able to come up with that [clears throat] exact language on the fly. Okay. Um, I know that it was discussed throughout this process that that opportunity existed. Um, what that looks like in turning it into enforceable language. I I don't know that I could pull that off fair on the fly.

Let's remember we're talking about four times in three years. We're we're trying to solve for a problem that's really only been a problem four times in three years. And all four of those times it got a variance. So, it wasn't even a problem. I think what really brought this about was the primary variance that that's came out because that was a slew of a slew of individual lots. Um and I think that was why the council asked us to come back and take a look at this. This as we recall this wasn't about necessarily the plat that that came up most recently. It was um it was the one up off of Freemanville regular AG1 subdivision and it was what I forgot what the number of lots were but that's what kind of kickstarted this a little bit more not necessarily the individual one-offs and when we do get those primary variances um those come before council so they won't be going to the BZA so if we get subdivisions that are coming in pl uh that are coming in then seeking to change was 20%. Is that the number for a primary variance that the the number of lots?

All right, I was going a little high. Um, so if you have that number, they would have to come before the council. It wouldn't be done as one offs in front of the BCA. So I don't know that we can necessarily treat them as ones or individuals or individual variance requests. And I think the when we were talking about it is what does this look like going forward because if you get generally if you start seeing the same variance request over and over again it's usually an indication that there's something going on with your code. I said to council Haney's point I guess your point is this developer developer whatever could have come in for a variance and asked for it.

They could have and we had that discussion. And I think they were potentially waiting to see what action this council took. Okay. Think we got some good feedback tonight. Is this something to where maybe y'all take a step back and look at some of these pressures that the city's facing and we can listen to the citizens and make some decisions. That fair. Is that council looking? Is that what y'all's direction is? I would agree. Okay. Um, any other council discussion? Did I close the public comment? Just did. Okay. Yeah. All right. Um, with that, I will open it for a motion.

Mayor, I'll make a motion that we deny agenda item 25-330. Second. Okay. I have a motion from council member Haney and a second from council member Jacobus to uh deny agenda item sorry about that 25-33. So just FYI I'm seeing some votes. The motion is to deny. Okay. Just making sure. Just making sure. Wouldn't that be a yay? That's kind of where we did it wrong. Nay, y'all are a yay. So, we should be a yay. There we go.

Yay. Or vote. Jake, we're denying it.

Yeah. Okay. I think I said, okay, that's all right. All right. That m that motion passes five to two. Thank you for coming out everybody. Okay. With that, we will call the next item. Mayor, that next item is consideration of RZ2509 for a text amendment to section 9.2.5.E to create sign standards to the Arnamill Road Hamlet Overlay District to the Unified Development Code for the city of Molton, Georgia. Agenda item number 25331, zoning manager Robin McDonald.

[clears throat] Okay. Good evening, mayor and city council. Uh happy new year.

Happy new year. Uh tonight, as uh the city clerk announced, uh we're going to discuss uh the creation of a uh sign standards for the recently uh adopted Arnold Mill Road Hamlet Overlay District. Uh the purpose is of this text amendment is to provide specific sign standards for uh this newly adopted overlay district. This was recommended by the planning commission to bring separate text amendment uh to adopt specific sign standards for this overlay district uh when last year when they were working on the overlay district. Uh the requirements will be located within article 9 site development signs overlays and formbbased code section of the UDC. So, um, we previously came to you, uh, a few weeks ago and asked for your input, and I think that you all were in, um, agreement with the staff's, uh, proposal. And so, you can see, uh, through the timeline that we are here at January 5th, uh, for a final, um, recommendation and decision. Just for some background, um the Arnold Mill Road Hamlet Overlay District and the Arnold Mill Small Area Plan were adopted by the city council on May 5th last year. This overlay district is a subset of the Rural Milton Overlay District. Um during the process of adopting this uh district, the current sign regulations for the rural Milton overlay were reviewed uh by our consultant at the time, TSW. And uh the planning commission recommended to bring a separate text amendment to adopt specific sign standards for this overlay district. And

after the analysis uh by TSW, uh the planning commission preferred to mirror the Birmingham crossroads sign ordinance since it achieved the vision of the Arnold Mill small area plan for non-residential uses. So you can see this is the area that uh uh contains the uh overlay district. We have the main area here um at the Cox Road uh Arnold Mill node and then we have the Chadwick node which is further north. Um there was that uh alcohol uh decision made earlier at a newly constructed um commercial area just right in this area as well. So and the one on the left is just the over overview of both those nodes that this would cover. Um when we looked at um the different sign ordinances, if you when we looked at rural Milton overlay, um this was only sufficient to achieve master plan vision for single family uses [snorts] only. Um we looked at what was specifically for C1. Um and again it was inefficient insufficient to achieve the master plan vision. But when we looked at Birmingham Crossroads which ended up being the preferred um road map to go on, [clears throat] it uh did achieve the master plan vision for non-residential uses. And the reasoning behind that was it dictated the structure material of the sign, the face material of the sign. And then obviously it did have um the size uh requirements as well. And then there were some prohibitions which um are also included in the other parts of

the signed ordinance or is dictated in other areas. [snorts] So um this is uh it's all in red because it's brand new. So this is um just an over uh looking at the sign ordinance that's being proposed. I just want to give your attention to this area here on the right. Uh that this is really the only thing that is different than the Birmingham Crossroads Overlay District sign ordinance. Are that same as Crab Apple and

um No, it is not exact. It is they're two different they're they're a little bit different. So I can't really say that Birmingham is the same as Crab Apple. I mean, they're similar in the sense that they dictate the sign type and material, but the sizes are a bit different. That one illuminated one, is that the same that we have in other areas or is that just specific to Arnold? Oh, you're talking about this one that you're looking at right now? Oh, I'm sorry. Yes. I thought you meant in general. Okay. So, right now, um, the Birmingham Crossroads does not have this portion of it, but Crab Apple and Deerfield does. I'm sorry, mayor. Yeah, we're good.

So, that states, notwithstanding the prohibitions contained in section 9.2.5. E5 below, a business is allowed one internally illuminated door sign containing LED or neon tubing. The sign shall not exceed three square feet in size and may not blink, flash, fluctuate, or be animated in any way. So this is what is in Crab Apple and in Deerfield as well. So and this is just the rest of the ordinance that is the same as Birmingham. Uh there was one comment question regarding internally illuminated signs at the CZIM back in October and then at the planning commission meeting um they unanimously recommended approval of this text amendment as we're presenting it tonight. So and I'll be open to any questions you all may have.

Thank you. Do we have any comment on this Tammy? Not on this item sir. Okay close public comment. Any questions for staff? Okay, with that I'll open it for a motion. [clears throat] May I'll make a motion to approve agenda item 25-331. Second.

Okay, I have a motion from Council Member Cranmer and a second from Council Jacob to approve agenda item number 25-331. Please place your votes. [clears throat] Okay, that motion passes unanimously. Thank you. We please call the next item. The next item, mayor, is consideration of RZ 2510 text amendment to Arnold Mill Road Hamlet overlay section 6.5.3B to modify AG1 standards to the unified development code for the city of Milton, Georgia. It has a re deferral recommendation and its agenda item number 25332. [clears throat] Diana Wheeler Mayor and council, we are not ready to present on this item because some changes are being proposed and so we're asking that this item be deferred this evening.

Okay. Is Miss Williams here? Did she have a public comment on this? I don't She did, but I don't believe she Okay. Any other public comment? No. Okay. Before you go, could you just give the gist of what you're studying or what you're looking at under this agenda number? What what is this re regarding regarding yeah we had identified the standards for hamlet style development with regard to the lot configuration and when we looked at the specifics of how that would be implemented we found some areas that needed improvement and so we're going to go back relook at those and then take those back to the planning commission for further discussion. That was my question. So it's going to go back to planning commission.

It will go back to the planning commission. Yes. Okay. Any other questions for staff? I'll close the public comment and open it for a motion. Anyone wants to defer it? Mayor, I'll make a motion to defer agenda item 25-332. Second. Okay. I have a motion from Council Member Cranmer and a second from Council Member Johnson to defer agenda item number 25-332. We good on timeline on that in perpetuity? What's it's got to go back through the through the process again. Should we should it be a withdrawal? If you're not going to announce a date tonight, you'd have to re Yes, we will.

So, should it be a withdrawal or should it be a denial? I mean, should it be a denial? Withdrawal? What do you want? I would recommend withdrawal. Okay. All right. So, let's redo the motion. Here we go. I'll make a motion to withdraw agenda item 25-332. Second. Okay. I have a motion from councelor Cranmer and a second from council member Cookerly to withdraw agenda. Agenda item number 25-332. Please place your votes. Okay. Didn't I already that? Yep. You're good. All right. That motion passes. Okay. Who please the next item

here? The final zoning agenda item is consideration of RSD 2511 text amendment to section 8.2 use tables and create new section 8.8.20 for accessory food trucks and limited situations to the unified development code for the city of Milton, Georgia. Agenda item number 25333. Why is this mouse not working? [clears throat and snorts] Technical difficulties. Hold on one moment please. Is that it? We start it from this slide. But how do I the next one? But how do I start it from that slide?

Okay then. No, I want this one. Okay. But I don't see the presentation. You just have to scroll down to go through it. Right. But I want the presentation view. Yeah. Okay, there we go. Yep. Very good. Thank you. So,

this is an amendment for uh with consideration for uh to the unified development code for accessory food trucks. Uh the purpose of this amendment is to accommodate new business and promote economic development in commercial districts. What we're looking to do is to amend the accessory uses section of the unified development code um in order to accommodate a accessory food truck which is defined as a self-contained mobile restaurant without seating located on the same property with an active restaurant that has a current occupation tax certificate. So what we would propose to do is to amend the unified development code to add these standards that an accessory food truck would be allowed as an accessory use on any property that includes an active restaurant. And that active restaurant would have to provide permission for this accessory food truck in order for the accessory food truck to be located on the same site with the restaurant. No additional parking would be required. It could be located anywhere on the property except in front of the primary building unless there is permission granted. Um they can't be located in a location that blocks vehicular or traffic uh visibility or access or within 50 ft of a residential area. They have to have a license just like any restaurant would and an administrative permit. Also have to get approvals from the health department. The administrative permit would require them to submit copies of all their licenses and how they would handle waste and emissions and also have to submit a site plan. The only signage they could have is one sandwich board sign and their hours of operation would be limited to 7:00 a.m. to 10 p.m. daily. This is something that the planning commission reviewed and recommended

approval of. Um, and I'd be happy to answer any questions if you have them. Thank you. Do we have any public comment on this? We have one, sir. Okay. If you please call it.

I invite Mary Cron to the podium. Good evening, Mary Krock at 600 Hickory Mill. I believe that approving this text amendment is not in the best interest of the city and ask that you do not approve it as written. Some of my concerns about this text amendment include the following. While I can certainly be wrong, um I believe that zoning changes require the posting of a placard or a sign stating the change that's requested along with the public hearing dates. I live in the Birmingham Crossroads area and I don't recall seeing a yellow sign with this. And again, I could be totally wrong, but it seems that that should be posted prior to the public hearing. Um, I also have a concern for the existing businesses. Um, if we're allowing food trucks by administrative permit without the benefit of a public clearing takes away a little bit of the ability of other restaurants in the area who could be impacted financially to give impact on that food truck coming into their location. Um, I'm also concerned that while the Crab Apple and Deerfield areas are clearly delineated in the text amendment, Birmingham Crossro's overlay district is not listed. And because this text amendment allows food trucks in C1 and mixed zoning districts, food trucks could be allowed in the Birmingham overlay district, could be allowed in the public's parking lot. Um, they would be approved by administrative permit without public hearing. And I honestly don't think that food trucks fit in with the aesthetics of the Birmingham Crossroads area. And I would be very muched against having them there. Um,

I also believe that there are a number of questions that haven't been addressed in this, including what size food truck would be allowed. How many food trucks would be allowed in a particular area that has multiple restaurants? Um, how do you decide who can and cannot have a food truck? Will food trucks contribute uh to visual clutter in the parking lots? and would the food trucks themselves be seen like signs and in some way violate our codes for signage? Um, the text amendment doesn't address the requirement for power and a lot of food trucks use generators for power and if you've been around some of the food trucks, they can be very noisy and they can be pretty smelly, too. Um, having a requirement for shore power where they have to have a hookup that would alleviate the symptoms of the noise and the smell. I think that could be a potential something that [clears throat] could be added to this if it were approved in specific areas of the city. Um, for these reasons, I ask you to not approve the text amendment tonight as written and I thank you again for considering my comments.

Thank you. We have other speakers. Concludes public comment. Okay. Thank you. Um, have any council discussion on this item or questions for staff? And just to confirm, the restriction here is the food truck is limited limited situations being it's only applicable to existing restaurant businesses. Correct. That's correct. It would be an accessory to an existing business with permission from the business. From the business. Yeah. I think it's a great idea. I'm I'm in favor of this.

Diana, a question about noise, right? These trucks do make a fair bit of noise. Um and some of the restaurants are close, you know, to proximity to residential areas. Are we having a noise limit on that we're going to require on these or no? We have a noise ordinance that applies to every restaurant. Okay. And this is just a restaurant basically. Okay. Thank you. 50 feet from residents I think is what you said. Yes, that's correct. Yeah, I think it's one of those things. So, we're we're continuing to try new things to get the business community involved and create some more foot traffic in some areas to support these businesses and we'll see if it works and if there's ramifications on it, we have the power to pull it back and, you know, gave it a shot and didn't work. So,

all right. Any other council discussion? Okay, we'll open it for a motion. I'll make a motion to approve agenda item 25-33. Second. Okay. I have a motion from Council Member Cranmer and a second from Haney to approve agenda item number 25-333. All in favor, please place your votes. Okay, that motion passes unanimously. Thank you. And that's it. Okay, there are no unfinished business items. Council have anything to report on? [snorts] Hearing none. Steve, you got anything? Nothing? No. Okay. With that, I'll have a motion to adjurnn. Motion to adjurnn. Second.

Okay. I have a motion from Jacobus and a second from Haney to adjurnn. All in favor uh please place your votes. Thank you. Meetings adjourned. Thank you. Appreciate it. Thank you all.