Thank you Mayor Rural recording. Okay. I'd like to welcome everybody. Call this meeting of the John Screcy Council to order this March 24th at 7 o' 7 pm. Thank you at this time of call roll. Please. Council Member Tunky. Here. Council Member Skinner. Here. Council Member Erimelli. Present. Council Member Kauffman. Present. Council Member D. Diasi. Here. Okay, fantastic. And next time. Thank you. At this time, we have a troop member from 2000. If you'll come forward and introduce yourself and lead us in the Pledge of Allegiance. Tell us your name. Wilson's out. And if everyone could please stand for the pleasure of allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm sorry, I'm going to go to the next slide. Opening remarks. Sure. Just want to share a few things. You may have seen signs or Facebook posts about daffodil days that's coming up this Saturday March 29th from 11 to three at the field across from the Atlanta athletic club. The events going to include carnival games and rides, a petting zoo, face painting, and more. I encourage you to come out. It should be beautiful weather. And we'd like to invite you all to the State of the City. That's going to be April 3rd at John's Creek High School. The reception starts at 6 and the program at 7. You can RSVP to RSVP at John's Creekj.gov if you'd like to attend. And last meeting, I shared that I would be traveling to Taiwan to visit our friendship city new Taipei city. I'm happy to report that I had an excellent trip, including attending the tech expo there. I want to thank the organizers from Taiwan for their hospitality and for sponsoring the trip. And with that, next item. Thank you, Mayor. The next item are the approval of the minutes. You have March 10th work session and Council meeting minutes before you. Any motions? Mr. Mayor, would they like to make a motion to approve the minutes as presented? Okay. Thank you, Councilmember DiBiasi. Is there a second? Second. Thank you, Councilmember Aramelli, is there a discussion? Seeing none, all this in favor? Okay. Thank you. The next item is the approval of the meeting agenda. Okay, I know of no changes. I move that we approve the meeting agenda as presented. Thank you for that enthusiastic motion. Is there a second? Second. Thank you, Mayor Pro Tem, discussion. Seeing none, all those in favor? Okay. Sorry. Thank you. The next item is a consent agenda, and I'll read a few into the record. Ornids 2538, and Ornids 2M in the Public Art Proced procedures. Ornids 39 to amend chapter 113 of the development regulations to address interest penalties. Resolution 2539, a resolution to implement a storm water grant program. Action item to approve a construction contract with CMC in the amount of $3,670,750. a CEI task order with atlas technical consultants in the amount of $155,25, and a 10% construction contingency for John's Creek Parkway corridor improvements. There's an action item to go along with that to amend the development agreement for medley development in the amount of $1,635,000 for the John's Creek Parkway corridor improvements, and then also a budget amendment 310 for the fiscal year 25 for the John's Creek Parkway corridor improvements. Okay, Council, do you have a motion? May I would like to make a motion to approve the consent agenda as presented. Okay, thank you Mayor Prod 10, is there a second? I'll second that. Thank you, Councillor Moura-Elwood. Is there a discussion? I'm voting no just because of the minimum qualifications that I requested on the Stormwater grant. I don't think it's a bad program. I know it's a pilot, but I still want those MQs in its own. For this, I will be voting now. I do support the other projects though. Okay, do we know any other comments? I'd like to make a comment regarding the storm water grant program. I think it's we are breaking new ground. There's not a lot of cities that are doing this kind of program. So I applaud this council and staff to come up with this program and a way to try to solve. It's just the beginning, but a way to solve a problem that's been plaguing the city for a long time. So I'm proud of the council and staff for getting this under consent agenda. I'm voting overwhelmingly yes. Okay. Anybody else? All right, seeing no others, all those in favor of the consent agenda? No. Okay. Thank you. This evening we have nothing under presentations. I have a couple of cards for public comment. Are there host? Do I need to state my name and address and all that stuff for you guys, guys. Am I so security number? That would be the JFK files, right? Not to get it. Anyway, good evening, Mr. Mayor and City Council members. I know in the upcoming weeks you will have the opportunity to see a lot of great work being done by your city staff regarding a potential performing arts center here in John's Creek. As a resident board member, I'm involved in a lot of different organizations, as you know, in John's Creek. when speaking to student groups and others, when I asked the question of how many of you are involved in a lot of different organizations, as you know, in John's Creek. When speaking to student groups and others, when I asked the question of how many of you are involved in the arts in some way shape or form, whether it's Bayon, Corus, Orkister or something else, arts related, a majority of hands in the room go up. As someone who tutors the violin at Northview High School each week, I see the exceptional students and last year I heard students at the Finale Concert talk about how music and the arts changed their lives and helped them exceed in all facets of their education. Mental acuity, development of their discipline, drive and determination to succeed are just a sampling of what arts focus brings to young minds. In case you didn't know this, the Northview Heistle Orchestra just won first prize in the national competitions for the American String Teachers Association in downtown Atlanta against 36 national orchestras. That's a national win. So I'll send details on that, but you should be very proud of what your city organizations are doing. I do appreciate the immense role that you all play in John's Creek. You have so many coming at you with priorities and you have to choose which to elevate and which can be deferred. I recognize you don't have unlimited money to support the city of over 83,000 residents. I hope that as you review the Performing Arts Center, a facility that for clarity is for all performance types that you will consider a comprehensive 360 degree approach. Looking at it from a construction cost perspective is one of many aspects to consider and only you know what your breaking point is in terms of construction costs? On going costs, revenue and economic impact, we know a facility can bring to the city of John's Creek are equally important to consider. We have managed and presented an economic impact concept in 2022, and the principles still exist, all be it with a slightly different size venue. know that your process will be thoughtful and comprehensive, filled with questions and discussions regarding rental pricing, facility staffing, development costs, ongoing recurring costs, capital maintenance, etc. It's clearly a lot to review and a lot to digest, but I know you will do it with a full perspective of all factors including those that sometimes cannot cannot always be clear cut. I used to say in business that there can sometimes exist analysis paralysis. Sometimes leaders have to make decisions as best they can and based on required information at hand. Some people call that vision in business we call it due diligence. And of course there's always some risk in anything done. We cannot know everything. Leo Mullins, who was the CEO of Delta Airlines, after 9-11 said the only way to ensure a totally risk-free travel was to have the plane sit at the gate and not fly. Thank you, Mr. Holtz, your time has expired. Thank you for your time, and good luck in your future. Honour to speak with you this evening. Thank you. Thanks, Ellen. Thank you. Mahana Gatta, Gadia, I'm sorry. Please tell us how to say your name. Manny Shigadia. Up, up, Mike. Thanks. Manish Shigadia. Go ahead, thank you. Good evening members of the John Screech City Council. My name is Manishigalia and I'm here on behalf of the Student Leadership John Screeks, Green Seam to present a potential policy proposal aimed at reducing plastic waste and promoting sustainable business practices. John Screech, like many businesses, faces significant prevalence of micro-plastics and potential impacts. As part of environmental advocacy, we worked with Finley Oaks Elementary School, educating over 100 elementary students about the effects and making a mural with over a thousand bottle caps of a turtle, showing the impact of plastic on marine life. However, the current status quo of John Screek lacks a cohesive framework for addressing plastic usage at the local business level, and there's no uniform and sensitive structure. Due to this, our proposal seeks to address the gap by creating a potential initiative with the green business level. And there's no uniform incentive structure. Due to this, our proposal seeks to address the gap by creating a potential initiative with the Green Business Certification Program, which would provide incentives and clear guidance for reducing plastic usage and potentially adopting environmentally friendly practices. This program would likely have three tiers, where a bronze tier would focus on 50% single-use plastic usage reduction with recycling stations and composting, where incentives could be such as priority permit processing, as well as a reduction in business license fee. The next silver tier would be a 75 reduction in plastic usage with annual waste dates and staff to sustainability, where businesses would receive a 15% priority permit processing. And lastly, the goal status would require businesses to eliminate 60% of plastic usages, and we could potentially provide some sort of tax benefit to help promote sustainable businesses. This would help foster community involvement where we could have potential high school clubs work to engage students and also strengthen John's Creek's commitment to environmental stewardship. This would work with our goal of zero waste, where we would want city managed events to have as little waste as possible, as well as mandatory recycling and composting. By adopting this policy or helping us work on this initiative, John's Creek can lead the way in promoting sustainable business practices and community engagement. We urge the council to support this initiative to make our city cleaner and greener for future generations and to potentially provide us an opportunity to work with the staff to look at the feasibility of such a program. Thank you for your time. Thank you. I have no further cards, Mayor. Would anyone else like to make a public comment? Anybody else? Next item. Thank you, Mayor. The next item on the agenda is under reports. This is a fiscal year 24 audit. We have Director Campbell for presentation. Thank you, Mr. Mayor, members of the council. So in your agenda packet tonight for the 2024 audit, you do have the 2024 annual comprehensive financial report, the auditor's management discussion and I'm sorry, the auditor's discussion and analysis and then the single audit report. I will highlight just a few things from the agenda report. The 2024 audit has now been completed by our independent external auditors, Maldon and Jenkins. I want to do a special thank you to Charles Lee, our controller, and his entire team for a very successful audit. The annual comprehensive audit does contain an unmodified clean opinion within the auditor's letter. We also note in the agenda report that we closed the fiscal year 2024 with no operating surplus, which reflected council's direction when adopting the 2025 capital improvement plan. And that was to transfer any pre-close operating surplus to the Fire Station capital project. As a part of the FY 2024 fiscal year-in closed that adjusting entry was completed and that information is reflected in your agenda report. Lastly I'll call your attention to the second page where it does then now present the 2025 General Fund Unassigned Fund Balance. You will see the ending fund balance for 2024 as a part of the adopted budget for 2025 Council did allocate a certain portion to go back and to the General Fund unassigned. So that will be adjusted along with the three month reserve and the cash close stabilization for the current fiscal year 2025. You will see all of this reflected in your March financials now that we have closed out the end of the fiscal year. As stated in the auditor's discussion and analysis, overall the city of Johns Creek continues to remain in a strong financial position, and as demonstrated by the external audit of our finances, our financial statements are presented fairly and accurately. Josh Carroll, who is the managing partner, who gave us a very rigorous audit this year from Maldon and Jenkins' here in the audience if you have any questions of either him or myself. With that, that concludes my comments. If you have questions, I'm happy to answer them. Any questions for Director Campbell? I do have some questions for Director Campbell. Thank you so much. Now, is this the first year you had an unmodified clean report? No, we've always had an unmodified clean report. This was the first year that we did not have any management comments as a part of the single audit. Okay, well congratulations. Thank you. One more question. On the Autonomous Discussion and Analysis on page 12, where it talks about the gap between the expenditures and the fund balance. Yes. Yes. The less leverage the city has each year as it enters a new fiscal year, the wider the gap between expenditures and fund balance. What we've recently changed a policy the end of last year to address that, correct? Correct, the revisions that you've made to the budget policy, I believe moves you in the right direction to addressing that. Yes long as we allocate money to the unassigned. It provides you the opportunity, yes, to grow the unassigned fund balance so that you've got sufficient coverage. Okay, thank you so much. I do. Hello, Director Campbell. Thank you very much. Congratulations. This is a wonderful report that it's clean. Without any other opinions of there. Just to circle back to some of the other questions and sort of procedures you're going down. I know we went out to an RFP with the accounting firm, Maldon Jenkins. Have during this process, have they assigned a new team to John's Creek? Yes they have. This is the second year I believe that Josh Carroll has been the managing partner and that was reflective of the most recent RFP and bringing them back again to continue the audit. Was there any discrepancies or concerns between the one group and the current group in a way they were moving forward? Well, there's a fresh set of eyes as you go through the process, different auditors look at things differently. So we saw lots more questions, I believe, when we were looking at, we called them prepared by clients and then a lot of the requests that were made. There were numerous requests made back and forth and Charles Lee, our controller, and his team did an exceptional job of providing them appropriate responses in a timely manner. That was all of the things I'd led to, I believe, a timely audit and something that was well represented tonight. I think it was a great move for no other reason but best practices. And I'm glad to hear that it's moving forward and the results of the audit. Thank you. Thank you. Director Campbell, I have a single simple question. What was the mandate you gave them in terms of, when you said audit are city, what exactly did you want from them? If you can tell it. What did we want from our auditors? Yes. What did you attach them with? To present a very thorough rigorous audit in compliance with gas, so there are certain requirements that as auditors, they have to follow. So it was just because we had gone through an RFP process and procured them to come back again, don't ease up on us basically, change out the team. we had a fresh set of eyes looking at it again, and then again following all of the requirements of GASB and the reporting requirements that they have to prescribe to as an auditor, follow that, do that, and that's what gave us a rigorous audit, fresh set of eyes looking at it, different people looking at it from different perspectives, they also have a peer partner review, so there was a new team focused on that as well. So you actually got a total fresh set of eyes looking at the audit report. Thank you. Well, congratulations on the clean opinion director Campbell. I do have, so I guess a question I have relates to what council member Skinner, I forget that, like it's always an audit where we see the general fund balance ratios, so that 90% down to 60%. We wouldn't see this trend continuing necessarily with the new standards we put in place. We would imagine. We would not. When you see this trend, and if you're looking at the trend for 2023 and 2024, we have to recognize that as part of both of those budgets, we were actually using our unassigned fund balance on purpose. So we were drawing down on the property tax military stabilization assignment, and that is what's reflected in this number when you look at 23 and 2024. So the trend doesn't look as it's not as dire it was planned. It was a planned use of general fund and that is highlighted in the in the financial statements as well. All right. And then it got a little into accounting speak and said the new, is it gas B standards? Is that going to cause any issues like statement 101 compensated absences? Will that cause us any administrative issues? No. It's for the future. We're good with those. We're good with those. Perfect. Well done to all involved. Thank you. All right. Thank you. Thank you. Next item. Thank you. The next item is the manager's monthly report. We have City Manager career for presentation. Good evening, Mayor and Council. In addition to their, and to highlight the manager's monthly report for February that's in your agenda packet. A highlight from each of your five strategic priorities. Under arts and culture, I want to point out that one of the both time consuming and rewarding things that we also did in February was higher a consultant to be helping us with the Performing Arts Center analysis driving at that cost and operation of the maintenance forecast that will bring back to your next work session in April. But that was quite a process. We had 39 firms interested in providing and ended up with many of them partnering, got 18 proposals that we reviewed. And why I want to highlight that is we really had a great depth and breadth of people interested in working with John's Creek on this project. And although we only hired one, there were some fantastic firms out there that are really interested in this project. Public safety was a great month for John's Creek and that we got our annual 911 report, highlighting the work of our 911 call center. For 2024, 96.8% of our calls were answered in 10 seconds or less and 97.6% were processed in 60 seconds or less for those of you that were reading the AJC article on Sunday. That is well above both the industry normal as well as the agencies around Metro Atlanta. So our 9-1-1 call center is knocking it out of the park. Another closer to home, just John's Creek local highlight would be that in February we opened the call for this year's public safety academy that combines both police and fire for citizens that are interested. It starts in the 13 week course starts in May if you're interested. Please be aware. Under economic development, February, a highlight for me was we had the quarterly chamber board meeting, and it was excited to hear that they had received between 1670 applicants for the new CEO position, and we're narrowing down to a finalist. They hope to announce end of this month early next week. So stay tuned on that recreation and parks. You obviously saw the amazing construction progress that's going on behind you at our new park, the Boardwalk at Town Center. But I also want to mention that in February the southeastern festivals association awarded Johns Creek a kaleidoscope award for our 2024 International Festival Program. So behind the scenes excitement there, transportation and connectivity we have. It feels like many of our roads are making progress out there with those orange barrels. The one I'll give a big shout out to is Jones Bridge between waters and state is really making some significant progress and remains on schedule to wrap that up this summer. So I'd be happy to answer any questions, but the staff team, I feel like is doing a great job of advancing all of your strategic priorities. We'll keep in day to day operations running smoothly. Always questions? Questions? I have a comment. Sure. The other day I was in Dublin, Georgia. Okay. There was a security personnel there from that one robins. When I told him I was from John Street, he said your police officers and fire are known in the state for Olympics Polar Plunge. I just want them to know that whatever they're doing. Yes, they have been- They have been- They have been- They have been- They have been- They have been- They have been- They have been appreciated all over. A top fundraiser for Special Olympics through the Polar Plunge for many years and they are known for giving back to the community, which is a great thing. It shows the big hearts on the- They still- Absolutely. We'll pass that along to Chief Coons and Chief Mitchell. Thank you, City Manager. I have two questions. Regarding the Performing and the work with the consultants. Are there any members of the community we can thank for assisting you with that tremendous rushed process? Yes, there are lots of members of the community behind the scenes that I've provided inside and expertise in the different areas since Council has made very clear that we want this to be a multidisciplinary performing arts center so we're trying to scope the different aspects and elements correctly. In getting their help and assistance to this point I've told them all that they can operate behind the scenes so before thanking them publicly, if it's okay can I hold that to the next meeting just to make sure they won't be? Yes, there are a lot of great organizations and community members that are really making this possible because I am not an expert in all these areas. But let me say back on that. No, no, no problem. Okay, the second, I know we were insourcing probation. How is that going? Is it flowing now that we are advertising for our probation manager? So if you were open and still accepting applications, hoping to make that transition this summer, if you know anybody that meets the minimum qualifications based on them our way, it's gonna be an amazing program. Thank you. And just one question. Thank you very much for all that you do here. For the summer, are you planning on any student interns besides one or two that I've seen floating around? Yes, so we have a couple that are working right now in this spring season for the summer. We had advertised, I believe it's three different summer intern positions within the staff team. I believe that was, well, I don't want to hazard a guess as to which departments. I can double check as to which those are. We post them as we do all job applications on the city's website to get interested students, the opportunities to apply for the internship as if they were applying for a full-time job. So it gives them a great opportunity to hone a resume and to go through an interview process, as with all of our other positions, a few search jobs on our website or current openings that will pull up. Happy to. I think it's great that we're doing that. I just wanted to elevate that. whoever's listening out there and if there's someone in any of the high schools in leadership that want to apply and are looking for a job that gives them not only dollars, but experience. It's a great way to spend a few hours in the summer, so thank you. One question is, how many seats are there for this public safety foundation course? Public safety course. I believe it's 25, but let me double check and confirm that back with you. And Madam City Manager, with the different road projects, especially Jones, Bice, we got actually two on Jones. Just I know that the staff is being vigilant, but just want to reiterate the need to just keep the barrels tight and the lane direction shift very clear. We need to over communicate as much as we can. Absolutely. And maybe clear to the people in the project, but for the traveling public. For the traveling public or the folks that are just visiting, they may not be as familiar. Well, happy to touch base with our public works director and make sure we've done another check of the placement of our barrels and our construction monitoring device. You know, the wind comes along and may knock something down or something and that can cause a confusing situation. Great. We'll certainly check on it. All right, anything else? All right, saying no, thank you. All right, next item. Thank you, announcements. I have just a few. The Planning Commission will meet Tuesday, April 1st, 7pm. The zoning public participation meeting that scheduled for Thursday, April 3rd has been canceled. There's an arts, culture, and entertainment committee meeting Thursday, April 10th, at 6.30. And then we are back here on April April 14th for 5pm work session in a 7pm council meeting. Any other announcements? I will mention something that I failed to mention earlier is Money magazine came out with a list of the best high schools in Georgia. and our three John Screek schools did very, very well. Norfew was number one, Chattahoochee was number three and John Screek High School was number five. So I would just like to give a shout out to all three of those schools and just you know we salute the students and the teachers and the staff. That's a big accomplishment. All right. Thank you. Next time. This evening we have nothing under old business. The first item of new business is ordinance 25311. This would be to amend the zoning map for RZ240012 and concurrent variance 249. At 8483 Holcomb Bridge Road for C1 to C1 with a concurrent variance. We have Dr. Song for presentation. Good evening, Mayor and Council. The rezoning is for RZ240012 with concurrent variance BC 24009. It was reviewed by the Planning Commission earlier this month. They did recommend approval with staff conditions. We did recently receive a request from the applicant for a non-added deferral. The deferral, the requesting if it's approved, would push this meeting or push this item to the June 9th meeting. This is to allow for the prospective tenant, Dutch brothers, the time needed to complete its own due diligence. With that, I'll be happy to go through the presentation if it's the desire of the council. We do have the applicant available, if you do have any questions for them. Okay. Ben the question. Yes, sir. Did something change from planning commission meeting to this one? To the extent of our knowledge, we're not really sure. The applicant may be able to explain that more thoroughly. The information that we received is what I just shared is that the applicant is the shopping center. The perspective tenant is Dutch brothers. However, they are the ones who requested for the 90-day deferral, which the applicant is willing to honor as long as is approved by the City Council. Okay. All right. Let me open the public hearing. Thank you, director. I'd like to open the public hearing for this item. This hearing will allow for 20 minutes per side. All this wishing to speak in favor of this matter. Please come forward. Anybody wishing to speak in favor of this item? Good evening, Mr. Mayor and members of the council. My name's Alex Brock, I'm at the Denver Rural Russell, office of the office of 1105 West Peachtree Street. I'm here on behalf of the applicant and just wanted to introduce myself to answer questions if you have any of the council. Okay. Thank you. All right. Thank you. Would anyone else like to speak in support? Okay. Okay, seeing none, I'll open up for is there anyone that would like to speak in opposition? Anyone in opposition? Okay, seeing none? I'll close the public hearing. Council of the four jurors. Mayor, I'd like to make a motion that we defer this action item, those M1, O 2025-03-11 and defer this item to the June 9th 2025 City Council meeting. Okay. thank you for the motion. Councillor Morelwood, is there a second? Second. Thank you, Councillor Morel's Skinner. Is there a discussion? Would you like to say something, Councillor Morel? Well, just as the applicant has requested this and there's no opposition that would be prejudiced by it, I think it's fair to give them opportunity to be prepared before they come before us. The question for Ben. If there's no changes, it would come directly to the council or does it have to go to the planning again? I believe I don't think it's anything related specific to the planning aspect. What the applicant described for the additional time is for due diligence of the potential tenant. Hey, director Sal. Go ahead. Given, I think it was expressed a 90 day deferment is June 9th, approximately 70 something days. Substantial or enough time to commit the due diligence. Yes, and that was the date that was requested of us by the applicant. Does she's good? Okay. And are you done? Yeah. So from a standpoint of if there's opposition, is there notice going to be placed either on a physical location or somehow, however you communicate right now? Is there going to be enough notification if people want to object? Yeah, so the one change that will come about because we met all our notification requirements, per ordinance and per state requirements. The one change that would take place is the actual sign that's placed on the property will identify the new council meeting day. Gotcha. Okay. Any other comments? Okay, we have a motion on the floor with a second and I'll call the question if that's agreeable. All this in favor of the motion. That is unanimous. Thank you. Next item. The next item is ordinance 25312. This is a public caring and consideration of a zoning tax amendment A25002. This is to define and establish standards for group home use and residential zoning districts, director Song for presentation. Thank you, miren council. This is an item that was brought before you during the work session in January. I was spent a while but we had to go through the proper process of putting out the public notification and going through the planning commission because this is a amendment two with with dis. So as a recap, in terms of the Texan amendment A-25-002, the scope is related to initiating a Texan amendment to define and establish standards for a group home use in residential zoning districts. Staff is proposing establishing standards through the administrative permit process to manage group homes in the city. The zoning ordinance is currently lack specific guidance and regulation of group home use. A group home typically provides housing for unrelated occupants with disabilities, often in conjunction with service operators that reside and provide services to those individuals. Currently applying the definition of family to define such situations, which allows up to four unrelated individuals to to better serve and provide appropriate parameters for group home use. The city needs. which allows up to four unrelated individuals to gravitate occupied residential dwelling unit. To better serve and provide appropriate parameters for group home use, the city needed to establish a proper definition and standard for use. So with that said, I'm not going to read the definition to record. One thing to point out is the definition that was shared during the work session in January, that has not been modified. It's been carried over with the approval or the recommendation of approval by the planning commission as well. The main thing to highlight essentially is under article 19, section 19.3.5 is a new section specific for group poems. That applies to all the residential zoning districts and that comes with four specific standards. I'll go ahead and read that standard into the record. The first standard is group poem cannot be located within one mile. Measured in a straight line from property lines, property lines with eye regard to intervening structures or objects of any other group. Home, a group poem shall be limited to a single residential dwelling or structure. All areas of the dwelling or structure except individual bedrooms shall be available for the common use of all persons occupying the dwelling in a family like environment. And lastly one parking space shall be provided for each two bedrooms of the dwelling unit. But at no point shall the visible storage parking on the property exceed four vehicles. This is applicable to all residential properties existing today in our zoning ordinance. And again, with that, staff is recommending approval of the ordinance amendment, as well as planning commission recommended approval at their March 4th meeting. Thank you. Thank you, director Song. At this time, I'll open the public hearing. The hearing will allow 10 minutes per side. All this wishes to speak in favor of this matter. Please come forward. But anyone would like to speak in support of this. Okay, saying none, would anyone like to speak in opposition? Anybody in opposition? Saying none, I'll close the public hearing. Council of foragers. Mr. Mayor. Director Son, please. Okay, sir. I appreciate the work on this. I do recall this, this text amendment change. I do have two questions, though. And first is the article three section three three dot seven, where it talks about how many individuals can be in a group home, if you will. And I'm curious, you may have given the answer back few months ago, but I'm just curious again. Why are we establishing a maximum of six people when the average home probably in John's Creek is four permanent residents? So I would have thought that six would have been four and four. Is there a reason for that? So well, one, the intent is group homes are treated slightly differently in terms of the service as provided. Separate from a typical family. Is there a reason for that? Yes sir, well one, the intent is group homes are treated slightly differently in terms of the service as provided. Separate from a typical family. One thing that we wanted to maintain was for sure if it's unrelated folks, we just wanted to make sure it's not an institutional use driven by an institutional business. And so with that, we did say four, typically as the max. The reason why we added six is if it was to be operated by the actual property owner, we wanted to give them that flexibility where we account for the residents in addition to those who they're providing services to. Correct, and so my question is to the residents, the owners of the home, which typically could be a family of four. So you can have four and four. So the six goes to four. Four in the group home and four basically residents of the home. Yes, that's the bomb. Typical John's Creek. Yes. So is that potentially, that's my concern. I'm not sure how the council feels about that. And the second is the one mile distance between group homes. Yes. How did that come about? We wanted to make sure that there is a proliferation of a group home concentrated in a specific neighborhood by any means. And so we want to have the proper separation distance in place. Because again, depending on the age of a neighborhood, sometimes maybe easier or there may be some H ways that may not regulate for rental property per se. And so we wanted to provide a additional standard to make sure that there is that separation of similar uses from neighborhood to neighborhood. And I can just interject. I think that there has been the potential for some abuse of what is potentially a loophole. And this is trying to tighten or close that loophole to give our police the ability to take action if and when there is abuse of it. No argument there. I 100% agree. My thought is that a one mile straight line distance, I mean if we are trying to provide guardrails around this kind of activity, a one mile straight line distance, it's a pretty good distance. I mean, if we are trying to provide guardrails around this kind of activity, a one mile straight line distance, it's a pretty good distance in real world, if you will. I just didn't know if it was arbitrary number. If a half mile makes more sense, I don't know. I think we took it to the farthest extent possible understanding that there are parameters in place with the fair housing act and So we thought that the one-mile distance would be appropriate without a potential violation of the act in itself and so we looked at other jurisdictions that have implemented similar restrictions and we decided to follow through with that as well. A lot of you. So, I'd be in favor of this tax amendment, with the one change from six residents to eight residents, and keeping a one mile, I'm okay with that. Well, so I'll provide one explanation. When it comes to family, there's no limitation in the number of folks that could resign in a single home. And for your example, let's say it's, although it's rare to see, and that's what we made it, we kept it at six, because a lot of times what you're going to see is our definition of family today allows for for unrelated persons to cohabitate in a single residence. And so typically, from the examples that we dealt with related to this particular issue, we haven't run into where there's a family housing, a group home to provide that type of service. It's usually independent of itself, usually a rental product that is occupied by four unrelated folks. In this case, we're just saying if there is that possibility of an owner running this service, we would cap it to six. But rarely do we see full-fledged family, less-a-parents with children, providing the service in their residence. So we felt that it was comfortable moving forward with the recommended suggestion of four unrelated or up to six if it's operated by the actual property owner. But, and I don't mean to be argumented here, but is that in, is that in the code? Or because here it's basically saying you can't have more than six people in total. For this particular use group home. Correct. For our definition of family, the only limitation there is if it's only related to unrelated persons living together. If it's an actual blood related or related family, technically they could have up to ten people in a single residence that they would like. There's no limitations that we could place on a home for the number of people that could occupy it That song yes, sir sometime back one of the subdivision folks reached out to me yes That there are a number of people living in one house. Yes absolutely very very unrelated. And you, Teor Paret, you went and investigated. The point what Larry's making or I'm making is, how can we distinguish whether they're family or not? Oh. Typically, with now, with this ordinance in place, I mean, we have the capability to request for any type of lease agreement, whatever the case may be. We just like the example that you just shared, we do, we are very proactive when we do receive complaints. We do go out to the site, we do investigate, we do interview each person that lives in the residence to get a full and in depth and comprehensive response to the situation. And there's various ways that we could determine if there is a business that's operating out of the home. A lot of times we have the investigative opportunities where we go online, there's different services, different websites that advertise those services and we're well aware of them. And we do go about researching those websites before we proceed and if we have to issue a citation to bring them to municipal court. So this will be an overarching umbrella for all that kind of situations? Correct. One thing that I was missing is again as mentioned we only have a definition of family which was very loose to a certain extent of mentioning unrelated persons. has further requirements and standards related to this particular use of a group home that we could exercise if it's violated that we could also utilize when we do if the need comes of issuing a citation to bring them to municipal court for violation of our ordinance. Thank you. Anybody else? there's no other new comments or questions, maybe we'll do for a- Can I try this one more time just for a moment here? So if there's a family of four, legitimate by blood, a family of four living in a house, and they want to have four people in this group home to take care of them legitimately. Can it happen with this code? But they're not in a group home if they're all family. Well, it's only a group home if it's an assemblage of unrelated persons, is that not correct? Okay, so I think let's go back to the definition of group home. And I think that's the difference because we have a definition of family. We need to establish a definition of group home. It gets to a lot of the definition of what we don't want to see. But the general premise of group home is to find as such. Persons who live together as a single housekeeping unit and a long-term family environment in which the resident owner serving as a primary caregiver to the residents, provides care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. One key aspect I think that we have to take away is what is the intended purpose in terms of utilizing that specific property, right? So is there the possibility of a family establishing a group home? It may be possible. I understand where you're coming from. Have we seen examples of that thus far in John's Creek? No. Where there is a full-fledged existing family that is looking to operate a group home. There are different classification of different uses that we have. Group homes, well, if this is adopted and we have group homes, then we have other sort of assisted living facilities. So there are different categories that are broken out based upon the intended purpose in terms of the use that's going to be associated with that property. And so to answer your question, the possibly is there, would that be possible even with the adoption of this ordinance? Yes, right? Now, how consistent or have we seen an example of that? To be honest with you, in my 10 years in John's Creek, I have not seen that. Not to say it's not possible, but I have not seen evidence of it. Can I just clarify what my colleague is asking? So you're saying that if there's a family for mom, dad, and two kids, that you want them to also be able to take care of four adults. In a group home setting. In a group home setting. In a group home setting. Whether it's in a definition that director's song he talked about, to rehabilitate healthcare. I want that ability to help people. That helped to four people, because I guess of the way it's written now, that family of mom, dad, and two. You're going to be a little bit more. and a director song he talked about to rehabilitate healthcare. I want that ability to help people. I hope to for people because I guess the way it's written now, that family of mom, dad and two kids could create a group home but they could only have two patients. They're not patients but two. Right, yeah. Tenants or I don't exactly the wordage. Perfect. I just want to make sure I understand what you're asking. At the end of the day it comes down to preference. That's the way I put it. I mean, we're going by our response to this request was based upon what we have encountered as a city, what examples we have seen, other jurisdictions, how they went about regulating for this type of use. And that's the culmination of everything that we have presented as a recommendation. So again, I think what you're presenting Councilman D. B. O. C. is essentially a preference as to how many you would like to allow for consideration of such use. From the staff perspective, planning commission, we would like to limit to the six at most. But if there is a change, that is something that could be considered by Council, most definitely. If you're, I'm not sure I totally understand your concern, but the inverse of it would be that you could have one landlord and they would be responsible for the care of seven people. And that is something that gives me more pause than restricting the situations when you want to have a family of four with four additional patients. The way he's written today, the maximum is six if it's to be operated by the property owner. Yeah. Okay, if it's not operated by a property owner because the insist that we ran into was, it was a rental property. That was rented by an institutional rental sort of organization. And they allow for four unrelated persons to occupy that home. Which also meets our definition of family today. And so we wanted to make sure we're consistent with how we define those who are in group homes. Also those who are considered family in our various definitions. And the reason why we've done that at the end of the day is to make sure to ensure that we're being consistent and we're treating everyone consistently in terms of occupying a single family dwelling in Relationship to the Fair Housing Act which is yeah the definition of family and your the fair housing also Fair housing act I think it's coming even before the Supreme Court, right as far as how you define family and that we can't really say what is a family look like. Right, we shouldn't create exceptions. That's the thing and that's what we're trying not to do. Yep. And that's where I would get concerned if we would raise it to a, especially like through R3 to R6. So at that point you're almost operating a commercial entity in those residential. So generally I lean on the side of freedom and property rights, but I would also then play a devil's advocate to that that when the neighbors in those zoning areas that were expecting single-family units, that there weren't commercial operations in a neighborhood to be operated, they bought with that same property right in mind that everyone was adhering to those standards and definitions for those zoning and one through. Yeah, understand and think it through this with you, Dr. Song. I think you make a great point. From a standpoint of I'm looking at it from an uplift of what someone wants to do the right thing. But I'm to conversely of that, if someone is trying to work the system and turn it around and do the one in six, one in seven, then that is absolutely what I don't want. So I'm good to, as it sits. Thank you. Thank you. Does that mean you can call the question? Oh, yeah. Should we have a motion on the table? I'll make a motion. Sometimes my memory from when Larry glad you did a lot. I'm glad I'm. I'll make a motion to approve M.2, 02025-03-12, public hearing and consideration of a zoning ordinance, tax amendment A-25-002, a proposal to amend the city of John's Creek zoning ordinance to define and establish standards for group homes using and use in residential zoning districts. Thank you. Councilmember Dubia, I'm sorry I didn't catch that. Can you repeat that? All right, is there a second? I can second. All right. Is there a discussion? Thing none all is in favor All right, thank you. Thank you. Thank you. Thank you for the motion Thank you the next item is a public hearing and consideration of a Metropolitan River Protection Act certificate for 8950 Midlock Bridge Road. We have director Song for presentation Thank you you again, Mary Gouncil. This will be the last item for me. And it's director Song. We recorded our 24, 001. It's related to the subject properly located 8950 Medlock Bridge Road. The acreage is 2.38 acres. This scope is for an application for the Murpha Metropolitan River Protection Act certificate to construct a single family residence with the detached garage. As a means of background, the general, Georgia General Assembly adopted the Metro River Protection Act in 1973. All properties within 2000 feet of the Chatterjury River are required to apply for and receive a Murpha certificate prior to any land development activity. Further in background, the Murpust Certificate assigns one or more vulnerability categories to the property based on the existing slope, vegetation, geology, hydrology, and soil type, which determines the maximum amount of land disturbance and in pervious surface allowed. And it's broken down into those various categories, eight through F. The Chatterjee Quarter plan defines land disturbing activity as scraping, plowing, clearing, dredging, grading, excavating, transporting and filling of land for a placement of any structural and purview surface dam obstruction or deposit. Specific to the subject property, a metropolitan river protection act certificate was previously approved in 1981 for this property and four adjacent lots along Melalgridge Road. However, the subject property was never developed. The property owner proposes now to construct a single family home with a detached garage, adding 42,352 square feet of land disturbance, 15,958 square feet of impervious surface. And the proposed development constitutes a substantial change. And therefore, we had to take it back through the Merpa rules and regulations which triggered the Merpa certificate requirement. Merpa analysis was completed for the property and was found to fall under vulnerable vulnerability category C, with the maximum allowable land disturbance of 72,615.9 square feet and a maximum impervious surface of 46,681.65 square feet, which both the proposed disturbance and impervious is less than the allotted amount. And with that, the ARC reviewed the application and determined the proposal is consistent with the Chaddard's River quarter plan. And staff is recommending council that will consider approval, in issuance of the Murpors certificate RC. I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I don't know why, I This hearing will allow 10 minutes per side. All those questions speak in favor of the matter. Please come forward. Good afternoon. I'm Doug Dillard. I'm the property owner. And I'm here to answer any questions if you all have any. Okay. Thank you. All right. Thank you. Would anyone else like to speak in favor? Anyone else? All right. I'll ask for opposition. Anyone in opposition? Anyone? All right. Seeing none, I'll close the public hearing and council the four chairs. I'd like to make a motion. Mr. Dillett? Well, you can just ask your question. Oh, you're perfect. I'd like us to approve the Murpuss Certificate RC 24001 for 8950 Medlock Bridge Road to construct a single family home with attached garage. Okay, thank you for the motion. Councilor McCall, on the second. Second. Thank you, Councilor Member Skinner. And discussion. So given the ARC review and our condebre view, I think this is a no-brainer, especially with the guidelines of the land disturbance ratio in the impervious surface ratio. So, yeah, no-brainer on my end. I did find it interesting that the original Merpacer certificate was before I was born 50 years ago. It really was a long time ago. Mr. Delib. What exists there in that property right now? 1300 trees. That's it. There's no. It's never been developed. I thank you for following all the rules, Marpa, ARC, everything. It's been a process. It's already two months plus or more than that. It's been a little bit longer than that. Appreciate your patience with it. Thank you. Absolutely. Anybody else? OK, then I'll call the question. All those in favor? OK. All right. Congratulations. Thank you. This evening we have nothing under other business. We have another opportunity for public comment. Is there anyone wish to speak? All right. I think we're okay, none. Mayor's comments. None. Thank you. Executive session. We think are finished with that. So next item. Thank you. There are no further items on the agenda. Okay. Any motion that we adjourn for the day? I go to beat you. I have to say I think he got, all right. Councillor Aramelli made a motion to adjourn. Discussion? Say none, all those in favour? And we are adjourned. Good meeting. Thank you. Thank you, everyone.