Loading...
HomeMy WebLinkAbout05-20-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, May 20, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Jason Howard, StoneCreek Church, Milton, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-122) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the May 6, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-123) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 20, 2013 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the Financial Statements for the Period Ending April, 2013. (Agenda Item No. 13-124) (Stacey Inglis, Assistant City Manager) 3. Approval of Addendum #1 to the Professional Services Agreement between the City of Milton and Owens Environmental Design, LLC for the Deerfield Park Design Services. (Agenda Item No. 13-125) (Jim Cregge, Parks and Recreation Director) 4. Approval of an Agreement between The City of Milton and Special Events Network, LLC for the Movies at the “Family, Fun, Flicks & Flurries” Summer Event Series on June 8 and 24, 2013. (Agenda Item No. 13-126) (Jason Wright, Communications Manager) 5. Approval of an Agreement between The City of Milton and Franz Construction Services, LLC for Fire Station Renovations. (Agenda Item No. 13-127) (Bob Edgar, Fire Chief) 6. Approval of the City of Milton’s Release of All Copyright Claims Pertaining to the “New Milton Business Alliance Logo” to the Milton Business Alliance. (Agenda Item No. 13-128) (Chris Lagerbloom, City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Honoring Milton Students who Chose to Serve their Country in a Military Career. (Councilmember Bill Lusk) 2. Proclamation Honoring Milton Grows Green Volunteers and Sponsors for their Support of the 2013 Earth Day Festival. (Councilmember Matt Kunz) 3. Proclamation Recognizing Memorial Day. (Councilmember Bill Lusk) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 20, 2013 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA 1. Consideration of U13-01/VC13-02 – Birmingham Highway (SR 372) East Side, Luca Gianturco for a Use Permit for one baseball field and an 8,800 square foot barn. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1/Residentially used property and provide a 50 foot setback along the north, east, and south property lines. [Section 64-114(3)(b)]. (Agenda Item No. 13-089) (First Presentation at April 8, 2013 Regular Council Meeting) (Deferred at April 22, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ13-10 – Batesville Road (North side approximately 1250 feet west of Birmingham Highway) Section 2/2, Land Lots 777, 736, 737, Cornerstone Bank, To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 15 single family residences (minimum 1 acre lots) on 19.9 acres. (Agenda Item No. 13-118) (First Presentation at May 6, 2013 Regular Council Meeting ) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals by Appointing a Board Member for District 3. (Agenda Item No. 13-129) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Discussion of the Wireless Telecommunications Ordinance Dealing with Co-Location Options. 2. A Procedural and General Discussion of Accepting a +/- 1 Acre Parcel of Land Located on Birmingham Highway In the Blue Valley Subdivision. 14) EXECUTIVE SESSION (if needed) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 20, 2013 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 15) ADJOURNMENT (Agenda Item No. 13-130) The minutes will be Provided electronically R HOME OF F g -;T QUALITY OF z FE IN GEORGIA' MILTON4t, TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending April, 2013. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: RAPPROVED { } NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED_ (} YES �No CI TY ATTORNEY REVIEW REQUIRED: { } YES x NO APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPRO VED PLACED ON AGENDA FOR: (0,5,-2-013 REMARKS: 11.10 Ynum 3., yy� iglCl � !■ PHONE: 67$.242,2540 1 PAX: 67$.242.2499 GF6e* Certified * r�rr�x Community city °� info@cityafmilfanga.usjwww.cityofmiltanga.us Liz;vrlvwayroSirSra+areb,,.n,� � �rhics� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFIED BRONZE — To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on May 15, 2013 for the May 20, 2013 Regular Council Meeting Agenda Item: Financial Statements for Period 7 –April 2013 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.7% over what is anticipated for the seventh period of the fiscal year. Total expenditures to-date are $11,474,508 and are 4.4% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $12,627,728, capital expenditures-to-date total $2,871,385. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending April 2013 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,333,100 73,193 72,715 478 317,756 295,100 22,656 Motor Vehicle Tax 550,000 68,395 45,833 22,561 310,274 275,000 35,274 Intangible Tax 200,000 16,837 16,667 171 128,331 100,000 28,331 Real Estate Transfer Tax 50,000 5,253 4,167 1,087 25,628 25,000 628 Franchise Fees 1,800,000 281,920 306,000 (24,080) 937,696 958,500 (20,804) Local Option Sales Tax 4,000,000 330,252 333,333 (3,081) 2,016,133 2,000,000 16,133 Alcohol Beverage Excise Tax 280,000 23,418 23,333 85 145,619 140,000 5,619 Business & Occupation Tax 585,000 206,294 204,750 1,544 576,469 573,300 3,169 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 33,900 - - - 33,918 33,900 18 Penalties & Interest 40,550 8,033 3,379 4,654 29,661 23,654 6,007 Alcohol Beverage Licenses 134,000 650 - 650 141,100 134,000 7,100 Other Non-Business Permits/Licenses 9,400 1,720 900 820 6,998 5,572 1,426 Zoning & Land Disturbance Permits 44,500 30,615 3,708 26,907 69,210 25,958 43,252 Building Permits 340,000 38,138 28,333 9,805 223,906 198,333 25,573 Other Charges for Service 355,470 49,674 34,711 14,964 269,064 229,516 39,548 Municipal Court Fines 361,000 30,653 30,083 569 185,198 210,583 (25,385) Interest Earnings 13,000 1,417 - 1,417 12,804 7,583 5,220 Contributions & Donations 4,675 - 390 (390) 4,675 2,727 1,948 Other Revenue 45,408 8,286 2,289 5,997 31,995 26,488 5,507 Other Financing Sources 44,000 5,121 800 4,321 20,574 25,667 (5,093) Total Revenues 18,724,003 1,179,870 1,111,392 68,478 5,487,009 5,290,882 196,127 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 188,877 8,573.90 12,971 (4,397) 102,534 107,467 (4,934) City Clerk 218,385 11,267.38 17,203 (5,936) 110,438 123,808 (13,370) City Manager 288,157 20,045.33 20,596 (551) 155,995 167,900 (11,905) General Administration 39,664 1,737.04 2,764 (1,027) 19,833 25,846 (6,013) Finance 491,538 33,762.13 37,199 (3,437) 290,327 295,010 (4,683) Legal 230,000 20,428.25 19,167 1,262 91,871 95,833 (3,962) Information Technology 631,976 64,769.19 71,265 (6,496) 382,430 387,355 (4,926) Human Resources 289,026 21,993.79 20,891 1,103 141,336 153,024 (11,688) Risk Management 195,015 78,500.35 78,500 - 168,882 195,015 (26,133) General Government Buildings 352,402 35,713.50 37,412 (1,698) 189,549 201,264 (11,715) Public Information & Marketing 172,990 14,131.55 12,392 1,740 77,958 94,452 (16,494) Municipal Court 238,324 18,317.76 18,351 (33) 127,413 134,023 (6,610) Police 3,050,934 239,010.25 248,895 (9,885) 1,605,515 1,722,620 (117,105) Fire 4,644,572 322,636.92 349,714 (27,077) 2,510,973 2,669,497 (158,524) EMS Operations 132,250 11,020.83 11,021 (0) 77,146 77,146 (0) Public Works 1,730,612 159,936.27 172,040 (12,104) 808,584 889,341 (80,757) Parks & Recreation 585,444 43,740.38 36,897 6,843 187,655 223,969 (36,314) Community Development 936,621 74,191.71 72,227 1,965 515,712 525,443 (9,731) Economic Development 39,673 2,962.32 3,010 (47) 18,908 22,062 (3,154) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 6,992,474 791,696.40 791,696 - 3,800,683 3,800,683 - Operating Reserve 145,472 - - - - - - Total expenditures 21,685,176 1,974,435 2,034,212 (59,777)11,474,508 12,002,527 (528,018) Net Income/(Loss)(2,961,173)(794,565)(5,987,500) Fund Balance - Beginning 10,103,680 10,103,680 Fund Balance - Ending 7,142,507 4,116,180 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 1,275$ -$ 570$ (705)$ Earth Day Vendor Fee 1,500 600 1,350 (150) Interest Revenues 100 2 22 (78) Milton Roundup Sponsor 5,000 - 10,881 5,881 Earth Day Sponsor 2,000 500 4,500 2,500 Concert Sponsor - - - - Mayor's Run Sponsor 1,500 - 2,250 750 Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 2,250 - 1,590 (660) Roundup Food Sales - - 642 642 Total revenues 13,625$ 1,102$ 21,806$ 8,181$ EXPENDITURES Current: Special Events 59,925$ 2,906$ 37,675$ 22,250$ Total Expenditures 59,925$ 2,906$ 37,675$ 22,250$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 4,975$ 28,049$ (1,951)$ Total other financing sources and uses 30,000$ 4,975$ 28,049$ (1,951)$ Net change in fund balances (16,300)$ 12,181$ Fund balances - beginning 38,475 38,475 Fund balances - ending 22,175$ 50,656$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2013 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 1,851 25,654 Interest Revenues/State Funds - 3 22 22 Interest Revenues/Federal Funds - 2 14 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 1,856$ 25,689$ 22$ EXPENDITURES Current: Police -$ -$ 5,084$ (5,084)$ Total Expenditures -$ -$ 5,084$ (5,084)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 20,605$ Fund balances - beginning 89,080 89,080 Fund balances - ending 89,080$ 109,686$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2013 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 785,000$ 128,701$ 390,690$ (394,310)$ Interest Revenue 680 30 349 (331) Total revenues 785,680$ 128,731$ 391,038$ (394,642)$ EXPENDITURES Current: Public Safety 993,599$ 1,600$ 510,038$ 483,561$ Total Expenditures 993,599$ 1,600$ 510,038$ 483,561$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (207,919)$ (118,999)$ Fund balances - beginning 790,699 790,699 Fund balances - ending 582,780$ 671,700$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2013 5 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ -$ Bulletproof Vest Program - - - - - Byrne-JAG Grant - - - - - GDCC Mini Grants 10,800 21,942 - 21,942 0 GEMA Grant - 754 - 754 (0) FRESH Grant - - - - - Interest Revenues - - 0 4 4 Total revenues 10,800$ 22,696$ 0$ 22,700$ 4$ EXPENDITURES Current: General Administration 17,230$ 6,058$ -$ 6,055$ 3 Police - 377 - 377 0 Fire 142,994 112,821 - 71,021 41,800 Parks & Recreation - - - - - Total Expenditures 160,224$ 119,256$ -$ 77,453$ 41,803$ Excess of revenues over expenditures (149,424) (96,560) 0 (54,753) 41,807 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 149,424$ 96,560$ -$ 71,555$ (25,005)$ Total other financing sources and uses 149,424$ 96,560$ -$ 71,555$ (25,005)$ Net change in fund balances - - 16,801 Fund balances - beginning 3,101 3,101 3,101 Fund balances - ending 3,101$ 3,101$ 19,903$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2013 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 50,000$ 4,975$ 28,049$ (21,951)$ Total revenues 50,000$ 4,975$ 28,049$ (21,951)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 30,000 4,975$ 28,049$ (1,951) Total other financing sources and uses 50,000$ 4,975$ 28,049$ (21,951)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2013 7 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 60,000$ 60,000$ 11,773$ 31,579$ (28,421)$ Sidewalk Replacement Account - - - - - Crabapple Paving Fee - 2,100 - 3,150 1,050 Traffic Calming - 5,800 - 5,800 - Tree Recompense - 2,500 - 2,500 - Landfill Host Fees 80,000 80,000 20,173 39,610 (40,390) HYA Fees 10,000 10,000 - - (10,000) Interest Revenue 5,000 5,000 202 2,117 (2,883) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - 10,154 - 10,154 0 Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend 3,000 3,000 - - (3,000) Capital Lease Proceeds - - - - - Total revenues 158,000 178,554 32,147$ 94,910$ (83,644)$ EXPENDITURES Capital Outlay City Council 78,172$ 78,172$ -$ 41,734$ 36,438$ Police 1,267,759 2,027,913 16,192 175,307 1,852,607 Fire 993,117 993,117 9,265 63,766 929,351 Public Works 7,054,689 6,961,400 82,303 1,247,801 5,713,599 Parks & Recreation 2,498,907 2,498,907 4,747 1,307,035 1,191,872 Community Development 65,069 67,569 5,963 35,742 31,827 Total Capital Outlay 11,957,713$ 12,627,078$ 118,470$ 2,871,385$ 9,755,693$ Excess of revenues over expenditures (11,799,713) (12,448,524) (86,323) (2,776,475) (9,839,338) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,879,890$ 5,799,751$ 671,961$ 3,111,906$ (2,687,845)$ Unallocated (141,471) (141,471) - - 141,471 Total other financing sources and uses 4,738,419 5,658,280 671,961 3,111,906 (2,546,374) Net change in fund balances (7,061,294) (6,790,244) 335,431 Fund balances - beginning 6,878,897 6,878,897 6,878,897 Fund balances - ending (182,397)$ 88,653$ 7,214,328$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2013 8 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG 170,000$ 170,000$ -$ -$ (170,000)$ LMIG Funds - 248,811 - 248,811 0 GDOT HPP Funds 7,559,147 7,559,147 159,200 231,213 (7,327,934) LCI Funds 100,000 100,000 - - (100,000) GA Urban Forestry Grant - - - 20,000 20,000 MARTA Grant 177,355 177,355 - - (177,355) Deerfield @ Morris Grant 350,000 - - - - SR 9 @ Bethany Bend Grant 60,000 60,000 - - (60,000) GDOT-Signage/Landscaping 9,000 9,000 - - (9,000) Interest Revenues 1,500 1,500 63 828 (672) Total revenues 8,427,002$ 8,325,813$ 159,263$ 500,852$ (7,824,961)$ EXPENDITURES Capital Outlay Public Works 10,091,046$ 10,091,046$ 253,922$ 1,074,416$ 9,016,630$ Community Development 869,000 869,000 - - 869,000 Total Capital Outlay 10,960,046$ 10,960,046$ 253,922$ 1,074,416$ 9,885,630$ Excess of revenues over expenditures (2,533,044) (2,634,233) (94,659) (573,563) 2,060,670 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 994,974$ 1,096,163$ 119,735$ 617,222$ (478,941)$ Total other financing sources and uses 994,974$ 1,096,163$ 119,735$ 617,222$ (478,941)$ Net change in fund balances (1,538,070) (1,538,070) 43,659 Fund balances - beginning 1,608,410 1,608,410 1,608,410 Fund balances - ending 70,340$ 70,340$ 1,652,069$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2013 9 CD HOME OF "I HE BEST QUALIFY OF LIFE IN GEORGIA' Mlt,TON* ESTABLIS1�ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Approval of Addendum #1 to the Professional Services Agreement between the City of Milton and Owens Environmental Design, LLC for the Deerfield Park Design Services. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL. REQUIRED_ k YES () NO CI TY A TTORNEY REVIEW REQUIRED: � YES () NO APPROVAL BY CITY ATTORNEY k APPROVED (j NOTAPPROVED PLACED ON AGENDA FOR: d �� Z p k 3 REMARKS: M« YOU=- PHQNE: 678.242.2500 I FAX: 678.242.2494 Grden 1FIINMFR �ammun�tV Ciry "t � info@cityofmiifonga.us I www.cifyofmilfonga.us 7 ,,y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004-�rCERT CERTIFIED BRONZE - '�''-- Jul V To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on May 8, 2013 for the May 20, 2013 Regular Council Meeting Agenda Item: Approval of Addendum #1 to the Professional Service Agreement between the City of Milton and Owens Environmental Design, LLC. for the Deerfield Park Design Services. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a change order to the Professional Service Agreement between the City of Milton and Owens Environmental Design, LLC for the design and construction services of the Deerfield Park Executive Summary: On November 19, 2012, a professional services agreement with Owens Environmental Design, LLC was approved to start the planning and concept drawings of Deerfield Park. Following a public meeting and an extended period of citizen input, the project has expanded in scope and has gone through several iterations. We have also identified an additional review process with the Deerfield Property Owners Association that we must prepare for. This additional work has resulted in a need for additional funding to see this phase to completion. Funding and Fiscal Impact: The fee of $1,200 is within the budgeted price that was planned for in the FY13 budget. This will be paid with available funds from the Parks and Trail Expansion line item in the FY13 Capital Expenditures budget. This contract will result in a final park design and Construction Documents. Alternatives: There are two alternatives. The first is to negotiate a similar contract with an alternative service provider. The second is to take no action and delay the construction of the park. Legal Review: Paul Higbee – Jarrard & Davis April 23, 2013 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Addendum #1 for Professional Services Agreement Contract 1 ADDENDUM #1 FOR PROFESSIONAL SERVICES AGREEMENT DEERFIELD PARK DESIGN WHEREAS, the City of Milton, Georgia and Owens Environmental Design, LLC have entered into a Professional Services Agreement (the “Agreement”) dated November 19, 2012, incorporated herein by reference, for design and construction management services of Deerfield Park; and WHEREAS, the parties desire to issue an addendum pursuant to Section 4 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Exhibit A to the Agreement is amended by adding the following additional items to the scope of services: a. Create up to 3 additional site concept drawings; b. Measure and calculate the size of the irrigation system needed to support the revised concept and support the City in getting approval from the Deerfield Property Owners Association. c. Create a design for a flag plaza with a brick walk area for honoring veterans d. Incorporate the features of the exercise zones into the park design. e. Preparation of Land Disturbance Application to include erosion and sedimentation control measures f. The available site survey is lacking detail of topography, tree locations and sizes, and accurate locations of the signature ‘red’ stone Deerfield columns – the addition of this information will be provided by field measurements and incorporation of topographic info available by online GIS data. g. Expand concept layout to accommodate special events tent of 100’x40’ h. Layout and detailing for additional Deerfield signature fencing i. Identify displaced existing concrete for replacement with detail information j. Selection of flag poles and strategic lighting k. Inclusion of steps at south corner for access 2. Section 5.0 Compensation and Method of Payment; Compensation of the Agreement is amended by replacing “…$4,850.00…” with “…$9,850.00…” 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all un-amended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. 2 IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] Owens Environmental Design, LLC Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON) TO: City Council ESTABLISIIED 2006 CITY COUNCIL AGENDA ITEM DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Approval of an Agreement between The City of Milton and Special Events Network, LLC for the Movies at the "Family, Fun, Flicks & Flurries" Summer Event Series on June 8 and 24, 2013. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES CITY ATTORNEY REVIEW REQUIRED: 0( YES APPROVAL BY CITY ATTORNEY KAPPRO VED PLACED ON AGENDA FOR: REMARKS. () NOT APPROVED () NO () NO () NOT APPROVED ® Your-- PHONE: 678.242.25001 FAX: 678.242.2499 pmwfin, Gfden or WINNA info@cityofmiltonga.us I www.cityofmiitonga.VS <`..: Community a:n:n3 •nn YYAI''U 5..51A.�i[.:L° I.v: �:� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ❑ERriKiEo BRONZE --- * Certified City of �, W To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on May 7 for the May 20 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Special Events Network, LLC for the movies at the “Family, Fun, Flicks & Flurries” Summer Event Series on June 8 and August 24, 2013 Department Recommendation: Approve. Executive Summary: The City of Milton will be hosting two outdoor movie events as part of our “Family, Fun, Flicks & Flurries” summer event series through Special Events Network on June 8 and August 24, 2013 at Friendship Community Park. The movie selected for the June event is “The Goonies” and the August movie will be “The Sandlot.” In addition to the movies, the “Family, Fun, Flicks & Flurries” summer event series will include snow tubing by Snow Kings on July 13th. Funding and Fiscal Impact: Budgeted FY13. Special Events Network has secured B98.5 FM as an event sponsor to cover the full expense of the August 24th movie. The City is responsible for the cost of the June 8th film ($1500 plus licensing), providing the event venue, marketing, handling security, trash and parking as needed. Additional expense to the City will be the staff time, rental of restroom facilities, and outdoor lighting for the event. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (4/22/13) Concurrent Review: Chris Lagerbloom Attachment(s): An agreement between the City of Milton and Special Events Network, LLC for the movies at the “Family, Fun, Flicks & Flurries” summer event series on June 8 and August 24, 2013. CITY LICENSE AGREEMENT In consideration of the mutual promises made herein, this License Agreement is entered into on this day of May, 2013 by and between The City of Milton, Georgia (hereinafter "City") and Special Events Network, LLC (hereinafter "SEN"); the parties do hereby agree as provided below. 1. Licensed Use: a. City hereby licenses to SEN and SEN hereby licenses from City the use of the Friendship Community Park grounds (located at 12785 Birmingham Highway, Milton, Georgia 30004, the "Premises," being property of the Fulton County Board of Education used by the City pursuant to a Use Agreement) for motion picture performances (hereinafter referred to collectively as the "Attraction") on June 8 ("The Goonies") and August 24, 2013 (The Sandlot), from 7:00 pm to 11:00 pm each day. SEN may begin setup activities each day at 5:30 pm and shall vacate the property no later than midnight each day. This Agreement shall terminate at 11:00 pm on August 24, 2013. b. Notwithstanding any contrary provision hereunder, City shall have the right to take any actions necessary to prevent the creation of any nuisance to adjacent property owners due to SEN's presentation of the Attraction, including but not limited to reducing the amplification or volume of any speakers or sound system associated with the Attraction. 2. Services Provided by City: a. City will designate who shall be responsible to SEN as official agent of City. b. City agrees to allow SEN to present the Attraction and to furnish for that purpose the Premises (i.e. a flat, 50' x 50' grassy area clear of overhead power lines or trees, such area to be accessible by vehicle with trailer), and restroom facilities. City will provide reasonable traffic control and security. C. The Premises shall become available to SEN for the taking in of equipment as outlined above. City shall provide SEN notification and/or marking of any underground utilities on the Premises, such as cables and sprinklers. City will ensure that any sprinklers are turned off during use of the Premises by SEN. d. City will promote the Attraction through reasonable advertising and on the City's website. e. City will provide adequate trash receptacles throughout the Premises, which shall be maintained and kept clean by City. City will provide clean up of the Premises after each Attraction. f. City retains the right and may exercise at any time supervision of the Premises during any time SEN has licensed the aforementioned space, so long as it does not interfere with the normal workings of SEN. City will designate a person(s) to SEN who shall be responsible for said supervision. 3. Services Provided by SEN: a. SEN will designate who shall be responsible to City as official agent of SEN. b. SEN agrees to furnish the Attraction (via a 35 foot outdoor cinema system with portable generator, and set up, operation and removal of same) for presentation at the Premises for $1500 (fifteen hundred dollars) for the June 8, 2013 Attraction and at no cost whatsoever to City, including, but not limited to, the legal permission of the copyright owner, and everything necessary to the Attraction not herein agreed to be furnished by City for the August 24, 2013 Attraction. SEN's funding for the Attraction will be from third party sponsors approved by City. Equipment of SEN shall remain at all times the sole and exclusive property of SEN, and the City shall have no right, title, or interest therein or thereto, except as may be expressly set forth otherwise in this Agreement. C. SEN will not deliver any physical materials for the Attraction until the time that they are scheduled to be received at the Premises, unless City provides SEN with prior written authorization to do so. All materials belonging to the Attraction must be removed promptly after the event, unless otherwise agreed upon by both parties. City shall not be held responsible for any property of SOC that is left on the Premises. d. All expenses incurred by City directly or indirectly as a result of the use of the Premises by SEN, excepting only those expenses or costs specifically set forth in this Agreement as a responsibility of City, shall be paid by SEN. Normal usage and wear to Premises and parking lot, and/or expenses incurred or caused by patrons in attendance ofthe Attraction, are sole responsibility of City. e. SEN shall comply immediately with all directives of City and the Fulton County Board of Education in regard to health, safety and security matters at the Premises and with all written rules and regulations relating to the Premises. This provision shall be enforceable by City, and failure of SEN to comply with the terms thereof shall be grounds for immediate termination of this Agreement by City. f. SEN shall comply with all rules and regulations governing of City and the Fulton County Board of Education and with all rules, laws, ordinances, regulations and orders of governmental authorities, including non-discrimination requirements. City shall not be liable to SEN for damages resulting from any diminution or deprivation of SEN's rights under this Agreement on account of the exercise of any such authority as provided in this paragraph. g. SEN shall indemnify, save and hold harmless City and the Fulton County Board of Education from any liability, damages or claims resulting from: L the violation or infringement of any copyright, patent, trademark, or similar 2 intellectual property right, right of privacy or other statutory or common law right of any person, firm or corporation; ii. the defamation of any person, firm, or corporation; iii. any and all loss and/or damage to the City or its property caused by the SEN and/or by participants in any performance of the Attraction; or iv. Injury to personal property or the person of, or the death of, any individual present on the Premises. 4. Special Provisions: a. In the event an Attraction is prevented or rendered impossible or infeasible by any act or regulation of any public authority or bureau, tumult, strike, epidemic, interruption in or delay of transportation, war condition or emergencies, or any other cause beyond the control of SEN or City, it is understood and agreed that there shall be no claims for damages by either party to this Agreement, and SEN's obligation to provide any such Attraction shall be deemed waived. The parties agree that any time during the event that the weather looks threatening (i.e. imminent rain, rain, looming thunder clouds, or dangerous winds capable of damaging equipment) SEN reserves the right to protect its own equipment by canceling setup/production. The parties agree that SEN reserves the right to delay setup or pause the production until suitable weather conditions exist. City and SEN agree to decide by noon on the day of the Attraction to reschedule or continue the Attraction due to weather conditions. Conditions that would cause a weather cancellation are defined as 40% chance of rain, wind gusts above 24 mph, and continual rain / thunder showers. The source of weather condition information will be www.weather.com. If, due to weather, an Attraction is rescheduled before equipment setup, the Attraction will be rescheduled on a mutually agreed upon date within thirty (30) days. If an Attraction is cancelled after equipment setup, the Attraction will not be rescheduled. b. In the event SEN refuses or neglects to provide any of the items herein stated, or fails or refuses to make any of the payments as provided herein or to proceed with the Attraction, City shall have no obligation to perform this Agreement. C. Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing SEN's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "A", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing SEN's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). d. SEN shall maintain during the term of this Agreement insurance (naming the City and the Fulton County Board of Education as additional insured) as described in Exhibit "B," attached 3 hereto and incorporated herein by reference. This Agreement shall not be changed, modified or varied except by a written statement signed by all parties hereto. Neither party may assign this Agreement without the express written consent of the other party. Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, City and SEN both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. SEN acknowledges that SEN's relationship to City with respect to this Agreement is that of an independent contractor and not an employee of City and that this Agreement creates no joint venture between City and SEN. IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above written: For the City Name/Title: City of Milton, Georgia 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 4 For S ce Piefke, CEO Special Events Network, LLC 2030 Powers Ferry Rd, Suite 234 Atlanta, GA 30339 friendship community Park June 8: The Goonies august 24: the sandlot july 13: Christmas in July: snow tubing in the park family&Fun www.cityofmiltonga.us | info@cityofmiltonga.us | 678-242-2500 12785 Birmingham Highway, Milton 7 p.m.7 p.m. sponsored by B98 FM 11-3 HOME OF'THEBE.W QLiALITY OF IJI`T IN GEOR,,-71A' M I LTON% ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: May 13, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Franz Construction Services, LLC for Fire Station Renovations. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: � YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY {APPROVED PLACED ON AGENDA FOR: 05' Za13 REMARKS: {) NOTAPPROVED {) NO {) NO {) NOT APPROVED Youm- PHONE: 678.242.25001 FAX: 678.242.2499 MMI •Green * CerFkfied 1nfo@c1fyofm1I1onga.us I www.cityofmiltonga.us wee Community E�lil sf Lmdr,V ft VMY fA SxS la nnGK .r.•..; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED BRONZE �'}©c10 Page 1 of 2 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on May 10, 2013 for the May 20, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Frantz Construction Services, LLC for Fire Station Renovations ____________________________________________________________________________ Department Recommendation: Approve the attached contract with Frantz Construction Services, LLC to renovate certain portions of Fire Station 41 (Hwy 140) and Fire Station 42 (Thompson Road). Executive Summary: Fire Station 41 and Fire Station 42 are both approximately 30 years old and certain portions of the buildings’ living spaces need to be replaced for health, safety, and functionality reasons. Specifically, Station 41 requires an update to the kitchen to replace broken and dilapidated countertops, refacing of the cabinetry, and replacement of appliances. Similarly, Station 42 requires new counters and sink as well as an upgrade to the bathroom. The repair at Station 42 includes replacement of a broken shower stall which is resulting in water damage and mildew/mold problems in the living area of this facility. In accordance with the City’s purchasing policies, the scope of work addressed in this contract was formally bid by Milton Fire Rescue. Frantz Construction Services, LLC provided the best comprehensive bid at $15,020. Additional comprehensive bids on this project included JW Thomaston at $46,852, and Renaissance Building and Remodeling, LLC at $30,568. Funding and Fiscal Impact: The funding for this project was already anticipated and budgeted as part of the FY 2013 capital fund. Page 2 of 2 Alternatives: Firefighters put in considerable time performing maintained projects on their stations, in-house, wherever they can. However, this anticipated project is beyond the scope of an ad hoc station project for City staff. The alternative to this project would therefore be to delay these repairs to a later date as required by the needs of the City. Legal Review: The construction services agreement was reviewed and approved by Paul Higbee of Jarrard and Davis on May 10, 2013. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement CONSTRUCTION SERVICES Fire Station Improvement Projects This Services Agreement (the “Agreement”) is made and entered into this 21 day of May, 2013 by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and Frantz Construction Services, L.L.C. (hereinafter referred to as the “Contractor”) having its principal place of business at 3645 Fedorite Walk Cumming, Ga. 30040 WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the “Work”); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: Exhibit A is the Scope of Work To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor’s provision of materials , labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as Fire Station Improvement Projects. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City, and shall fully complete the Work within 60 business days of the “Notice to Proceed”. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $15,020.00 (the “Contract Price”), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the durati on of this Agreement, insurance approved by the City as shown on Exhibit “B”. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor’s Representative: Keith Frantz shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor’s breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. D. Employment of Unauthorized Aliens Prohibited: (1) E-Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16 -10-71), that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affi davit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “D” to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Securi ty. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit, attached hereto as Exhibit “C” and incorporated herein by this reference. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor’s legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16 -10- 71), a form of which is attached hereto as Exhibit “E”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. Frantz Construction Services, L.L.C. Keith Frantz Signature: _______________________________ Printed Name: _______________________________ Title: ___________________________ [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA _______________________________ Joe Lockwood, Mayor EXHIBIT “A” Scope of Work EXHIBIT “B” Insurance Certificate EXHIBIT “C” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “D” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date Frantz Construction Services, L.L.C. _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201__ ________________________________________ Notary Public My Commission Expires: ___________________ EXHIBIT “D” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with [NAME OF CONTRACTOR] on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date ________________________________________ (Subcontractor Name) _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201__ _________________________________________ Notary Public My Commission Expires: EXHIBIT “E” STATE OF GEORGIA CITY OF MILTON SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _______________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). ____________________________________ Signature of Applicant ____________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: HC3M DF `THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON) ESTABLISHED 20Ur, TO: City Council CITY COUNCIL AGENDA ITEM DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Approval of the City of Milton's Release of All Copyright Ctaims Pertaining to the "New Milton Business Alliance Logo" to the Milton Business Alliance. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (VAPPROVED { j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES { } NO CITY A TTORNEY REVIEW REQUIRED: Xj YES (} NO APPROVAL BY CITY ATTORNEY K)APPROVED {} NOT APPROVED PLACED ON AGENDA FOR: Z p r 3 REMARKS: Youm W_- PHQNE: 678.242.25001 FASO: 678.242.2499 WAWARD 'y''"LL«....-INNiR � infoC)cityofmiltonga.us I www.cityofmiltonga.us E_ _11-! 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Community b (:;ry o u� Ethics �y use} ©L��y HE To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on May 10, 2013 for the May 20, 2013 Regular Council Meeting Agenda Item: Consideration of the Approval of the City of Milton’s Release of All Copyright Claims Pertaining to the “New Milton Business Alliance Logo” to the Milton Business Alliance. ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The City of Milton's Communication Manager has worked closely with the Milton Business Alliance (MBA) to develop a new logo for the MBA. Aesthetically, this new MBA logo is similar in design to the City's new logo and is reflective of the close collaboration and cooperation that is developing between the MBA and the City with the establishment of the new position of Economic Development Manager. The rights to this new MBA logo will be purchased by the MBA for the consideration of one dollar. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: Ken Jarrard – Jarrard & Davis (May 6, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Release of Copyright Document; Copy of MBA New Logo SPATE OF GEORGIA COUNTY OF FULTON RELEASE OF COPYRIGHT FOR THE CONSIDERATION OF One Dollar in hand paid the City of Milton hereby releases the Milton Business Alliance, Inc. in and from all claims of the City, and to the extent that it is legally permitted, its employees, contractors and officers, their heirs, successors and assigns, under any State or Federal, statutory or common law copyright protection rights that the City may currently have or acquire in the future in and to that design attached hereto and more commonly referred to as the "New Milton Business Alliance Logo." This is intended to be a full discharge of all claims against the Milton Business Alliance, Inc., its successors and assigns IN WITNESS WHEREOF, we have hereunto set our hands and seals this � 77/. /77,4 day of , 2013. City of Milton Joe Lac iWo as Mayor No Text HE HOME OF ' THE BEST Ql1ALITY OF LIFE IN GEORGIA' MltToNttl ESTABLISHED 2406 TO: City Council CITY COUNCIL AGENDA ITEM DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Proclamation Honoring Milton Students Who Chose To Serve Their Country In A Military Career. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: th APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES VNO CITY A TTORNEY REVIEW REQUIRED. (} YES NO APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: [� �` Z Q 1 REMARKS: ® YOUM PHONE: 678.242.2500 I FAX: 478.242.2499 * Cerr,ftri * infoCcityofmilfonga.us I www.cityofmtltonga.us CQlri llunity I vd;�-f � Lft nv!" W.yy U 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- CERT1FSEo aaoN1c ..-. �111ac4� Honoring Milton students who chose to serve their country in a military career WHEREAS, one of the main responsibilities of our Federal Government is to provide for the National Defense; and WHEREAS, the branches of the United States Military have a long and prestigious history of shaping and producing the finest young minds in America – producing not only soldiers, but also scholars, national leaders and diplomats; and WHEREAS, every year, thousands of students across America choose to pursue both higher education and military service by attending U. S. military service academies, military universities, or enrolling in officer training programs; and WHEREAS, in order to qualify for selection, these students must excel in academic, athletic and leadership abilities; and WHEREAS, these students will be developed mentally, morally and physically and will be imbued with the highest ideals of duty and loyalty, and with the core values of honor, courage and commitment before being commissioned as officers; and WHEREAS, through their dedication, these students have displayed exemplary character by choosing to better serve their country, their community, their families and themselves at a time in their lives when such an important choice is uncommon; and WHEREAS, Cambridge High School students: Collin Fallick will join the ROTC program at the University of North Georgia; Curtis Johnson will join the Coast Guard and Navy; Rayvon Moss will join the Army National Guard; Christian Park will join the Army Reserves; and Austin Smitherman will attend the ROTC/Marines program at the University of Mississippi . Milton High School students: Noah Allen will attend the United States Military Academy at West Point; Peter Fortugno will attend Georgia Military Academy; Jacqueline Grace Mahoney will attend the United States Merchant Marine Academy; and Kristen Ringwall will go through officer training in the NROTC program at the University of Notre Dame. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby honor Milton students who choose to serve their country in a military career. Given under our hand and seal of the City of Milton, Georgia on this 20th day of May 2013. (Seal) _________________________________ Joe Lockwood, Mayor M HOMEOF'I HE i3ES l' CQUAL13Y OF LIFE IN GEORGIA' M I LTON*kt TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Proclamation Honoring Milton Grows Green Volunteers and Sponsors for Their Support of the 2013 Earth Day Festival. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting_ BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: x APPROVED CITY A TTORNEY APPROVAL REQUIRED: () YES CITY A TTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: Use❑l3 REMARKS: () NOTAPPROVED Q� NO NO () NOTAPPROVED yuu(m- �r PHONE: 678.242.25030 I FAX: 678.242,2494 '46reen * cg fted into®cityofmiltonga.us I www.cityofmiltonga.us Community $�, bI%y«5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED BRONZE Honoring Milton Grows Green volunteers and sponsors for their support of the 2013 Earth Day Festival WHEREAS, building a community and hometown takes committed, caring volunteers; and WHEREAS, Milton Grows Green, founded in 2008, has worked tirelessly to preserve and enhance the City of Milton's rural character; encourage appropriate and sustainable growth for present and future generations; identify standards and incentives for greener, more sustainable building practices; promote sound public policy by providing research and information on practices that protect natural resources; develop a framework for evaluating and recommending and/or implementing appropriate initiatives; and, raise awareness and influence personal choices in ways that improve the health and quality of life for residents; and WHEREAS, among Milton Grows Green’s most popular and enduring projects is the Milton Earth Day Festival, which just celebrated its fourth year with record attendance at Friendship Community Park; and WHEREAS, what began as a small festival just four years ago has blossomed into a well- attended and cherished event based on the work and dedication of a small group of committed volunteers; and WHEREAS, this group, including Kathy Johnson and Teresa Stickels, event co-chairs, Jack Lindon, logistics, and Francia Lindon, communications, deserves to be honored for their many hours of effort and care so that the community can enjoy a fun and free festival; and WHEREAS, the event’s many sponsors, including Children’s Healthcare of Atlanta, Comfort Zone, Creative Solar, Home Depot, Lowe’s, Macaroni Kid, Milton Fields Green Cemetery, Natural Foods Warehouse, Net Zero USA, Peggy Still School of Music, Renasant Bank, Roswell Pediatric Center, P.C., Scottsdale Farms, Thrive Chiropractic Wellness Center, Walmart, Verizon, Chattahoochee Nature Center and Waste Management should be recognized for their support. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby honor the volunteers of Milton Grows Green and the sponsors of the Earth Day Festival for their commitment to Milton’s residents. Given under our hand and seal of the City of Milton, Georgia on this 20th day of May 2013. (Seal) _________________________________ Joe Lockwood, Mayor WE HOME OF '-it HEST QUALITY OF LIFE IN GEORGIA' M ':.' ILTON* FSTAB LISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 14, 2413 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Memorial Day. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY A TTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: 65 Zot3 REMARKS: () NOTAPPROVED PNO j) NO () NOTAPPROVED ------------ Your �r PHONE: 078.242.25001 FAX: 07$.242.2499 rm Green 'o► * cmified info@cityofmiliongo.us I www.cityofmilfonga.us NER community EIty 0 Lvml r !A& wa.� m susra"Gc § bvera 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED BRONZE - '11Efir Memorial Day WHEREAS, Memorial Day was first officially proclaimed on May 5, 1868 by General John Logan in his General order Number 11, and in 1968, by act of Congress, it was determined that the holiday would be observed on the last Monday in May; and WHEREAS, from the opening battles of the American Revolution through the turmoil of the Civil War, to World War I, World War II, Korea, and Vietnam, to the Persian Gulf and today’s operations in the war on terror in Afghanistan, Iraq, and all around the world, the members of our military have built a tradition of h onorable and faithful service; and WHEREAS, as we observe Memorial Day, we remember the more than one million Americans who have died to preserve our freedom, the more than 140,000 citi zens who were prisoners of war, and all those who were declared missing in action. We also honor our veterans for their dedication to America and their sacrifice; and WHEREAS, we have honor and privileges of living in a free count ry, and Georgia has a rich history of great leaders who died fighting for our great nation. Today, all who wear the uniform of the United States are serving at a crucial hour in history, and each has answered a great call to serve our nation on the front lines of freedom. Let us pray for the safety and strength of our troops, and for God’s blessing on them and their families, and for those who have lost loved ones; and WHEREAS, on this Memorial Day, we honor our fallen soldiers, and their commitment to our country and their legacy of patriotism and sacrifices of many men and women who answered the nation’s call to duty and fought with honor and valor and, in the end, gave the ultimate sacrifice to safeguard the rights of all Americans; and WHEREAS, by giving their lives in this cause of freedom, these heroes have protected and inspired all Americans and we are truly grateful for the ir sacrifice; and WHEREAS, the citizens of Milton join with people across the nation in remembrance of those who died while courageously serving their country during war. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim Monday, May 27, 2013 as Memorial Day in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 20th Day of May, 2013. _________________________________ Joe Lockwood, Mayor HOME OF `THF BEST QUAL. Il'' 01: I !FF IN C_1F01PC,IA' M1L..T0N* ESTABLISHED 2o06 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of 1113-011VC13-02 —Birmingham Highway (SR 372) East Side, Luca Gianturco for a Use Permit for one baseball field and an 8,804 square foot barn. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG - 1 /Residentially used property and provide a 50 foot setback along the north, east and south property lines. [Section 64-114(3)(b)). MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�APPRO VED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,NO CITY ATTORNEY REVIEW REQUIRED: () YES XNO APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: j 2F o f a REMARKS: ® You m PHONE: 678.242.25001 FAX: 678.242.2499 11G en�',v * L" afied * info4cityofmiltonga.us I www.cityofmiltongmus ynrrEe Community $� Butes ."Wv 2he wav m:vsrrnnc+e i ,1 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- CERTIFIED 6ROHZE Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 1 of 19 U13-01/VC13-02 PROPERTY INFORMATION ADDRESS East side of Birmingham Hwy DISTRICT, LAND LOT 2/2, 414 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 4.814 EXISTING USE Currently under development for a baseball field PROPOSED USE Baseball Field and 8,800 square foot storage/practice building OWNER/APPLICANT Luca Gianturco ADDRESS 15615 Birmingham Hwy Milton, GA 30004 REPRESENTATIVE Scott Reece Brumbelow & Reese and Associates ADDRESS 13685 Hwy 9 Milton, GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 26, 2013 U13-01 – APPROVAL CONDITIONAL VC13-02 – DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 26, 2013 U13-01 – APPROVAL CONDITIONAL - 4-1 VC13-02 – APPROVAL CONDITIONAL - 4-1 INTENT A request for a Use Permit (Sec. 64-1828) for a baseball field and 8,800 square foot barn/building on the subject site which contains 4.815 acres. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG- 1/Residential use property and provide a 50 foot setback along the north, east, and south property lines. (Section 64-1141(3)(b)) Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 2 of 19 Based on the deliberations at the March 26, 2013 Planning Commission Meeting the following items were discussed: 1) The intensity of use of the site; how many teams will play, will there be tournaments, future building of the 8,800 square foot building? The applicant stated that there will not be tournaments held at the site but only a handful of teams playing the “home” team. Also, there would be batting and pitching facilities inside the proposed building. The construction of the building would not occur for at least a year. 2) Will there be dugouts or bleachers for the field? The applicant stated that in the beginning there would not be either dugouts or bleachers and asked what the preference of the Planning Commission would be regarding these two items. 3) What would be the hours of operation including the future practice building? The applicant stated that it would be open only during daylight hours for both the field and practice field. 4) The Americans with Disabilities Act (ADA) requirements for the proposed baseball field and future building. Staff responded that they would need to meet the ADA standards as directed by the Building Official. 5) Location of restroom facilities. Staff stated that based on the fact that the nearest restroom is more than 500 feet away, an alternative must be provided. The Building Official has stated that an ADA compliant portable restroom would meet the requirement until a permanent facility is constructed. The Planning Commission made the following Recommended Conditions: a) Provide evidence that all adjacent land owners have no opposition to the deletion of the buffer and replace with the 50 foot setback as proposed and that the agreed upon landscape plan with Mr. Bateman be spread on the record. (See page 14 of this report.) b) At the time the building is constructed, restroom facilities be constructed at that time. c) Hours of operation are limited to daylight hours. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 3 of 19 MAYOR AND CITY COUNCIL RECOMMENDATION – APRIL 22, 2013 U13-01 – DEFER TO THE MAY 20, 2013 MEETING – 6-0 VC13-02 – DEFER TO THE MAY 20, 2013 MEETING – 6-0 The City Council discussed the following issues that needed further investigation by Staff prior to a final recommendation: 1) Will the number subject site meet the required number of tree density units on the site? The City Arborist stated that the requirement will be based on an agricultural use that requires 15 tree density units per acre. Staff has worked with the applicant, and the site within the legal description for the Use Permit does meet the tree density requirements. The applicant’s report is included at the end of the Staff report for review. 2) What will the requirements be for Americans with Disabilities (ADA) for the baseball field? The Building Official has stated that the following items will be required to be incompliance with ADA requirements: a. Handicapped parking space to be located closer than regular parking spaces. Staff recommends that the placement of the handicapped space be provided adjacent to the proposed building based on the need to provide a two percent slope to access the viewing area. Access should be derived via the C-1 parcel to the proposed location. b. Provide a handicapped accessible viewing area on each team side via a two percent ramp. c. Provide portable handicapped restroom until proposed building is constructed. d. Pathways/ramp shall be ADA compliant. In addition, it was determined that the south property line needed to be legally advertised. Staff has advertised this additional property line as required by the Zoning Ordinance. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 4 of 19 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 5 of 19 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 6 of 19 FUTURE LAND USE PLAN Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 7 of 19 SITE PLAN SUBMITTED FEBRUARY 5, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 8 of 19 Looking south from C-1 property to the field Looking south adjacent to the west side of the field Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 9 of 19 Looking north at the field (home plate) Looking south at the field (outfield) Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 10 of 19 SUBJECT SITE: The subject site is a 4.814 acre tract of AG-1 (Agricultural) zoned land, located on the east side of Birmingham Hwy and is a part of a larger tract of AG-1 (Agricultural) zoned land. A grading permit has been issued on the subject site for the construction of a baseball field. BACKGROUND: A grading permit was issued by the Community Development Department on May 29, 2012 for this subject site as well as an adjoining parcel to the south. The plan proposed additional pasture/paddock areas for agricultural uses as well as a building pad for future green houses which are all permitted on AG-1 (Agricultural) zoned property. On August 27, 2012 a revision to the grading permit was submitted to substitute a baseball field for the paddock on the eastern portion of the site. At that time, Community Development’s Plan Review Staff was informed that the baseball field would be for personal use of the property owner. This limited use of the baseball field would not require any additional zoning actions. After the revision to the grading permit was approved, the Community Development Department was informed that the proposed baseball field would be utilized by players other than the owner and his family. Staff informed the applicant that a Use Permit for Recreational Fields would be required to allow the use of the field by others other than his personal use. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 5, 2013, Staff offers the following considerations: Use Permit Standards Section 64-1828 – Recreational Fields (a) Required district. All. This section includes, but is not limited to, soccer, softball, baseball, polo, football, cricket, etc. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 11 of 19 (b) Standards. Standard Staff Comment 1. Permitted curb cut access shall not be from a local street. In Compliance – Birmingham Hwy is a Major Arterial 2. A minimum 50 foot buffer and ten foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single family dwellings. The Northwest Fulton Overlay District development standards requires that a 75-foot undisturbed buffer and 10 foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses pursuant to Sec. 64-1141.3.b. Whenever provisions in this division conflict with any other articles in this zoning ordinance, or other city ordinances, or regulations, the provisions of this division shall prevail. (Sec. 64-1119(13)c.) Not in Compliance – Please see the requested concurrent variance, VC13-02 discussed below. 3. Loudspeakers/paging systems are prohibited adjacent to residentially used property. In Compliance- The applicant has indicated in the letter of intent that there shall be no loudspeakers/paging systems. 4. The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts or AG-1 districts used for single family dwellings. In Compliance – The applicant has indicated in the letter of intent, there shall be no outside lighting on the site. Northwest Fulton Overlay District Requirements VC13-02 – To delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1/Residential used property and provide a 50 foot setback along the north , east, and south property lines. (Section 64-1141(3)(b)). Section 64-1141 (3) (b.) of the Northwest Fulton Overlay District requires a 75 foot undisturbed buffer, with a 10 foot improvement setback, located adjacent to all AG-1 (Agricultural) zoning districts and all property zoned, used, or developed for residential uses. Staff notes that although the south property line is not mentioned, even though the adjacent property is owned by the applicant, a concurrent variance will be needed for this south property line. The City Arborist has offered the following in his comments; “Area for the use permit initially had nearly 100% coverage of mixed vegetation consisting of Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 12 of 19 pines and hardwoods. Said area has been nearly completely denuded under previous permit indicating pasture and personal recreation field and additional greenhouses.” It appears that if the applicant had indicated that the baseball field would be used for others, and a Use Permit was applied for prior to the permitting and construction of the field, at least a portion of the required buffers would be intact. In addition, the applicant has not provided credible evidence demonstrating compliance with subsections 1 through 4 as follows: “1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; 3) Relief, if granted , would not cause a substantial detriment to the public good and surrounding properties; and 4) That the public safety, health, and welfare are secured, and that substantial justice is done”. Based on this statement, Staff recommends DENIAL of VC13-02 along the north, east and south property lines. Staff notes that the applicant will need to provide “tree density calculations” for the site as described below under comments from the City Arborist. Building Size, Height, and other Structure Design The site plan proposed an 8,800 square foot storage/ practice building built to look like a barn. Staff notes that the building must comply with all the Northwest Fulton Overlay Standards and be submitted to the City of Milton Design Review Board prior to the issuance of a building permit from the Community Development Department. The applicant does not state the height of the proposed building, but that the Overlay District states there shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave, pursuant to Sec. 65-1145(4). The site plan also indicates that the dimensions of the barn will be 80 feet by 110 feet. The Overlay District requires that for every 80 feet of building length on a single face, there shall be variation in the exterior, pursuant to Sec. 65-1145(5). OTHER SITE PLAN CONSIDERATIONS Parking Requirements Per Section 64-1410, off street parking, a recreation field requires 50 parking spaces. In the applicant’s letter of intent, it states that the parking will be provided on the adjoining parcel zoned C-1 (Community Business) to the north which is also owned by the applicant. On that parcel, there are a total of 102 gravel parking spaces and five handicapped parking spaces. Therefore, the site Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 13 of 19 plan meets the minimum required number of parking spaces. Staff notes that a handicapped parking space will be required closer to the baseball field. Staff notes that where the limits of the use permit are located along the north property line does not allow for sufficient area for pedestrians to access the baseball field based on the fact there is a 50 foot undisturbed buffer along the east property line of the commercial parcel. The applicant has proposed a crossing further to the west that would not encroach into the undisturbed buffer and provide a cross easement between the commercially zoned property, adjacent AG-1 property to the area designated as the Use Permit for the baseball field. The site plan does not indicate any restroom facilities on the site. The Building Official has stated that per code, restrooms must be provided within 500 feet of the field. The applicant has stated that the participants will go to the facilities on the commercial property. This is a greater distance than what is required. A portable bathroom facility is acceptable if it is ADA compliant. When the proposed 8,800 square foot structure is built, bathroom facilities will be included in the building. Staff will also include a condition that there shall not be any concession stands within the proposed 8,800 square foot building or any new structures/vehicles either permanent or temporary on the subject site used for concessions. Based on the applicant’s letter of intent, conditions will be included to prohibit outside lighting of any type as well as loudspeakers. PUBLIC INVOLVEMENT On February 27, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 6 members of the community in attendance. Their concerns included the intensity of the use from the public and the absence of vegetative screening adjacent to single family residences Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan and Report. The Public Participation meeting was held at Scottsdale Farms on Monday, March 4 between the hours of 5:30 p.m. and 8:00 p.m., with three people in attendance. They had the following issues: 1) Lack of screening at the southeast corner of field. 2) Number of people using field, frequency of use, times of use. 3) Stormwater run-off direction and treatment. The Public Participation Report was submitted on March 5, 2013 by the applicant. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 14 of 19 City of Milton Design Review Board Meeting – March 5, 2013  If the field is open to the public, ADA access from parking lot will be required  Plans should include an agreement, to himself, for shared parking and use of bathroom. Environmental Site Analysis The proposed site does not contain floodplain, wetlands, steep slopes, or sensitive plant and animal species. The applicant also states that there are no streams on the subject property; however, there is a very small section of the stream buffer associated with a stream on the adjacent northern property. The baseball field will not impact this buffer. The site plan indicates compliance with the required city and state stream buffers and non-impervious setback. The proposed use will not impact any historical or archeological entities. City of Milton Fire Marshal No comments at this time. City Arborist Area for use permit initially had nearly 100% coverage of mixed vegetation of pines and hardwoods. Said area has been nearly completely denuded under previous permit indicating pasture and personal recreation field and additional greenhouses. Commercial use of the property requires 30 Tree Density Units (TDUs) per acre. 4.81 acres would require 144.3 tree density units to remain on site, planted on site, a combination of both, or in lieu of planting, the dollar amount to be determined by the City Arborist may be placed in the city tree fund. Use Permit Considerations In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the sites proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 15 of 19 A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The City of Milton 2030 Comprehensive Plan recommends that the subject site be developed as Agricultural, Equestrian, and Estate Residential (AEE). The property is zoned AG-1 (Agricultural) which is an appropriate zoning district within the character area. A use permit for a recreational field is permitted within the AG-1 (Agricultural) district. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; North of the subject site is zoned C-1 (Community Business) and developed with a retail nursery; further north, east and south is zoned AG-1 (Agricultural) developed with scattered single family residences. To the west of the subject site is zoned AG-1 (Agricultural) with a veterinary clinic, church and scattered single family residences. If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed baseball field may be compatible with land uses and zoning districts in the area. Therefore, Staff recommends approval of U13-01. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use may not violate any known local, state and/or federal statutes, ordinances or regulations governing land development if approved with the recommended conditions. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use should not create congestion along Birmingham Hwy if approved based on the fact that access is derived via the commercial zoned and developed parcel to the north. E. The location and number of off-street parking spaces; A baseball field requires 50 parking spaces and there are a total of 102 gravel parking spaces and five handicapped parking spaces. Therefore, the site plan meets the minimum required number of parking spaces. Staff notes that a handicapped parking space will be required closer to the baseball field. F. The amount and location of open space; The applicant’s site plan indicates that almost the entire subject site within the boundary of the use permit is developed with the exception of the Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 16 of 19 required undisturbed buffers along the north, east and south property lines. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance, the areas replanted to buffer standards may provide adequate screening to the adjacent AG-1 (Agricultural) zoned and residentially used properties. H. Hours and manner of operation; The applicant has indicated in the letter of intent that the baseball facility will be in use only during daylight hours. I. Outdoor lighting; The applicant has indicated in the letter of intent that there will be no outdoor lighting or lighting of the baseball field. A condition will be included that will reflect there shall be no lighting of the baseball field. J. Ingress and egress to the property. The applicant’s site plan indicates ingress and egress will be via the parking lot of the adjoining C-1 (Community Development) zoned and developed property which has an existing curb cut on Birmingham Hwy. CONCLUSION The proposed baseball field, if developed with Staff Recommendations, meets the requirements and development standards of the requested Use Permit. The applicant has not demonstrated the need for the requested concurrent variance to reduce the 75 foot buffer and 10 foot improvement setback to a 50 foot setback. Therefore, Staff recommends DENIAL of VC13-02 and APPROVAL CONDITIONAL of U13-01. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 17 of 19 Mr. Bateman’s planting plan Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 18 of 19 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for Recreational Field (Sec. 64-1828) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council . 1) To the owner’s agreement to restrict the use of the subject property as follows: a) One (1) baseball field and building at a density of 1,828 gross floor area per acre zoned or a total of 8,800 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 5, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the north, east, and south property lines. b) Require 72.21 tree density units to remain on site, planted on site, a combination of both, or in lieu of planting, the dollar amount to be determined by the City Arborist may be placed in the City Tree Fund. c) Provide a recorded cross-easement between the subject property and the property to the north for pedestrian access. d) No outside loudspeakers permitted on the site. e) No outdoor lighting, including lighting for the field, permitted on the site. f) No concessions permitted within the proposed 8,800 square foot building or new or temporary structures or vehicles used for concessions. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 20, 2013 5/14/2013 U13-01/VC13-02 Page 19 of 19 g) Comply with all required ADA (Americans with Disabilities) site and building requirements and other building code requirements for the baseball field and 8,800 square foot building. h) Provide plantings as shown on Mr. Bateman’s planting plan at the southeast corner of the site. Page is too large to OCR. ORDINANCE NO._______ PETITION NO. U13-01/VC13-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR A RECREATIONAL FIELD (BASEBALL FIELD) WITH CONDITIONS (SEC. 64-1828) LOCATED ON THE EAST SIDE OF BIRMINGHAM HWY AND CONTAINING 4.815 ACRES AS DESCRIBED IN THE ATTACHED MEETS AND BOUNDS SURVEY BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 20, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located on the east side of Birmingham Hwy, consisting of a total of approximately 4.815 acres as described in the attached meets and bounds survey, a Use Permit for a recreational field (baseball field) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 414 the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article IX, Division 5, Sec. 64-1828 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 20th day of May, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for Recreational Field (Sec. 64-1828) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) One (1) baseball field and building at a density of 1,828 gross floor area per acre zoned or a total of 8,800 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 5, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the north, east, and south property lines. b) Require 72.21 tree density units to remain on site, planted on site, a combination of both, or in lieu of planting, the dollar amount to be determined by the City Arborist may be placed in the City Tree Fund. c) Provide a recorded cross-easement between the subject property and the property to the north for pedestrian access. d) No outside loudspeakers permitted on the site. e) No outdoor lighting, including lighting for the field, permitted on the site. f) No concessions permitted within the proposed 8,800 square foot building or new or temporary structures or vehicles used for concessions. g) Comply with all required ADA (Americans with Disabilities) site and building requirements and other building code requirements for the baseball field and 8,800 square foot building. h) Provide plantings as shown on Mr. Bateman’s planting plan at the southeast corner of the site. Site Plan Submitted February 5, 2013 Mr. Bateman’s Landscaping Plan Rn HOME OF `SHE BEST QL1Al.liY OF LIFE IN GEORGIA' M I tTON'% ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-10 — Batesville Road (North side approximately 1250 feet west of Birmingham Highway) Section 212, Land Lots 777, 736, 737, Cornerstone Bank, To rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 15 single family residences (minimum 1 acre lots) on 19.9 acres. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CI TY A TTORNEY RE VIEW REQ CARED: () YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: 1i-:. () NOTAPPROVED ( NO NO (} NOT APPROVED ® ....;:: You`- 2812 � *Certifiecl* PHONE: 678.242.2500 I FAX: 67$.242.2499 Green '" Cit • 01 info@cityofmilfonga.us I www.cityofmiitongo.us Community • $44 Ethics 13000 Deerfield Parkway, Suite 107 Milton GA 30004 -- CERTIFIrED BRONZ•F Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 1 of 19 RZ13-10 RZ13-10 PROPERTY INFORMATION ADDRESS Batesville Road (North side, approximately 1250 feet west of Birmingham Hwy) DISTRICT, LAND LOT 2/2 776, 777, 736 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 19.9 EXISTING USE Single family residential, one existing, one under construction PROPOSED USE 15 Single Family Residential Units PETITIONER Ridge Planning and Engineering – John Loyd ADDRESS 1785 White Circle, Suite 202 Marietta, GA 30066 770-868-7591 OWNER Brightwater Homes ADDRESS 230 Hammond Drive, City Walk Suite 520 Sandy Springs, GA 30068 404-585-5990 INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 15 single family residences (minimum 1 acre lots) on 19.9 acres. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 2 of 19 RZ13-10 COMMUNITY DEVELOPMENT RECOMMENDATION – APRIL 23, 2013 RZ13-10 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – APRIL 23, 2013 RZ13-10- APPROVAL CONDITIONAL 5-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 3 of 19 RZ13-10 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 4 of 19 RZ13-10 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 5 of 19 RZ13-10 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 6 of 19 RZ13-10 Revised Site Plan submitted on April 22, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 7 of 19 RZ13-10 Entrance looking toward Batesville Road Home under construction in subdivision Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 8 of 19 RZ13-10 Existing home (requires proposed building setbacks) Cell Tower to the northwest Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 9 of 19 RZ13-10 View of constructed street View of detention pond adjacent to Batesville Road Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 10 of 19 RZ13-10 SUBJECT SITE AND BACKGROUND: The subject site contains 19.9 acres. It has been platted as a 15 lot, single family subdivision zoned AG-1 (Agricultural) with one single family residence that is already constructed. The subdivision was formally known as the Milton Registry. The proposed name for the subdivision is Highgrove. The site is located within the “Low Density Residential” designation of the 2030 City of Milton Comprehensive Plan. The applicant is requesting a rezoning to CUP (Community Unit Plan) to build 14 additional single family residences at an overall density of .753 units per acre. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on April 22, 2013, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height 35 feet Minimum lot area as specified in conditions The minimum lot size shown is one (1) acre Minimum CUP development size shall be ten acres The CUP development size is 19.9 acres Maximum density allowed is 5 units per gross acre The density of the subject site is .753 units per acre Minimum lot width (at building line) per conditions 100 feet Minimum CUP development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 35 feet minimum Minimum heated floor area as specified in conditions 3,500 square feet Minimum perimeter setback as specified Varies; per site plan Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 11 of 19 RZ13-10 The following are proposed building setbacks for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 20 feet b) Side yard setback – 10 feet except for lot #4 which shall have a 25 foot side yard setback along the exterior property line c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 50 feet LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Staff notes that a 20-foot landscape strip and fencing are required around all detention ponds pursuant to Sec. 50-185(c). The site plan does not indicate the required landscape strip and fencing for the facility adjacent to Batesville Road. The existing vegetation does not meet the required 20-foot landscape strip around it. In addition, a six foot high fence is required which has been met. Staff notes that there is an additional storm water facility located in the rear of the project and is not visible based on topography of the site but meets must meet the requirements pursuant to Sec. 50-185 (c). OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on both sides of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. Although the site plan does not indicate the required sidewalks, the applicant has stated that they will be constructed as required by the code and are included in the Recommended Conditions. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 12 of 19 RZ13-10 wetlands, historical sites or sensitive plant and animal species. The site does contain a stream that has been delineated with the appropriate buffers and setbacks. In addition, floodplain exists on the site adjacent to Sandy Copper Creek but is outside the building limits of the existing lots in the subdivision. The site also contains slopes exceeding 25% and up to 39% in areas. These aggressive slopes are the reason for the requested rezoning to reduce environmental impact due to the steep slopes in the rear of the site. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 13 of 19 RZ13-10 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 14 of 19 RZ13-10 PUBLIC INVOLVEMENT On March 27, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was no one from the community in attendance. Public Comments – Staff has not received any comments from the public regarding this petition. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Wednesday, April 17, 2013. Staff received the Participation Report which reported that two neighbors came to the meeting and had general questions regarding the development. They were not opposed to the applicant’s request for a CUP (Community Unit Plan). CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 2, 2013 Comments:  Incorporate the topography into your house placement.  Provide a “streetscape” that promotes walking within the subdivision. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 15 lot single family residential subdivision developed at a density of .753 units per acre is consistent with adjacent and nearby properties zoned CUP (Community Units Plan) to the southwest and AG-1 (Agricultural) to the north, east, south, and northeast which are also developed at less than one units per acre. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff’s recommended conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 15 of 19 RZ13-10 Existing uses and zoning of nearby property Location Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North AG-1 (Agricultural) Enniskerry Subdivision 1 units per acre East & Southeast AG-1 (Agricultural) Scattered Single Family 1 units per acre South & West RZ85-181 CUP (Community Unit Plan) Estates at Atlanta National Subdivision .37 units per acre/minimum 2 acre lots/3,000 sq.ft. HFA Northwest AG-1 (Agricultural) 140 ft monopole cell tower None given Further Northwest AG-1 (Agricultural) Valmont Subdivision 1 units per acre 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed development is consistent with the adjacent and nearby properties. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. The estimated number of new students for the proposed rezoning which will have an impact on the Birmingham Falls Elementary, Northwestern Middle School, and Milton High School is minimal. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 16 of 19 RZ13-10 The subdivision is already developed and will not have a negative impact on exciting streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 City of Milton Comprehensive Plan: Low Density Residential Proposed use/density: Single Family Residential at .753 units per acre The proposed CUP (Community Unit Plan) development conforms to the suggested policies and intent of the 2030 City of Milton Comprehensive Plan if developed with the recommended conditions. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The majority of the lots in the rear of the development have substantial slopes going down from the streets. This will allow for the fronts of the homes to be closer to the streets and therefore reduce the amount of clearing of trees for septic systems behind the homes. The request for the proposed CUP allows for additional flexibility to better site these homes within the subdivision. These facts are grounds to recommend approval of the proposed CUP (Community Unit Pan) if developed with the recommended conditions. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City if developed with the recommended conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 17 of 19 RZ13-10 CONCLUSION If developed as a CUP (Community Unit Plan) with the recommended conditions, the 15 lot single family subdivision would be consistent with the 2030 City of Milton Comprehensive Plan and will provide for a better development with the proposed CUP (Community Unit Plan) development standards. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ13-10 to rezone from AG-1(Agricultural) to CUP (Community Unit Plan). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 18 of 19 RZ13-10 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Batesville Road with a frontage of 1,170 feet should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 15 total dwelling units at a maximum density of .753 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 22, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 20, 2013 5/14/2013 Page 19 of 19 RZ13-10 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Maximum Height – 35 feet c) Minimum lot width (at building line) – 100 feet d) Minimum lot frontage – 35 feet e) Minimum heated floor area per unit – 3,500 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback – 10 feet h) Minimum side yard setback adjacent to a street – 20 feet i) Minimum rear yard- 50 feet j) Construct sidewalks on both sides of streets for the entire development per City Code Chapter 50, Subdivisions k) Minimum side yard setback for Lot #4 – 25 feet along the exterior property line. 4) To the owner’s agreement to abide by the following: a. The stormwater management facility in the front of the subdivision adjacent to Batesville Road shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater m anagement facility are steeper than 4:1 the facil ity shall have a six foot high fence or as may be approved by the City of Milton Public Works Department. ii. Provide a 20 foot landscape strip on the exterior side of the required fencing for the stormwater management facility adjacent to Batesville Road with selection of plantings approved by the City Arborist. Page is too large to OCR. ORDINANCE NO._______ PETITION NO. RZ13-10 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY UNIT PLAN) FOR A 15 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON BATESVILLE ROAD HAVING A FRONTAGE OF APPROXIMATELY 1,170 FEET CONTAINING 19.90 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 20, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Batesville Road with frontage of approximately 1,170 feet, consisting of a total of approximately 19.90 acres as described in the attached legal description, be rezoned to the CUP (Community Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 736, 777, and 776 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the CUP (Community Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 23 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 20th day of May, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Batesville Road with a frontage of 1,170 feet should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 15 total dwelling units at a maximum density of .753 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 22, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Maximum Height – 35 feet c) Minimum lot width (at building line) – 100 feet d) Minimum lot frontage – 35 feet e) Minimum heated floor area per unit – 3,500 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback – 10 feet h) Minimum side yard setback adjacent to a street – 20 feet i) Minimum rear yard- 50 feet j) Construct sidewalks on both sides of streets for the entire development per City Code Chapter 50, Subdivisions k) Minimum side yard setback for Lot #4 – 25 feet along the exterior property line. 4) To the owner’s agreement to abide by the following: a. The stormwater management facility in the front of the subdivision adjacent to Batesville Road shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high fence or as approved by the City of Milton Public Works Department. ii. Provide a 20 foot landscape strip on the exterior side of the required fencing for the stormwater management facility adjacent to Batesville Road with selection of plantings approved by the City Arborist. REVISED SITE PLAN SUBMITTED ON APRIL 22, 2013 HOME OF'I BEST QUALITY OF LIFE INGEORGIA' M I LTON% TO: City Council ES-FABLISH E1) 2006 CITY COUNCIL AGENDA ITEM DATE: May 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals by Appointing a Board Member for District 3. MEETING DATE: Monday, May 20, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O(APPROVED () NOTAPPROVFD CITY ATTORNEY APPROVAL REQUIRED: { } YES ( NO CITY A TTORNEY REVIEW REQUIRED: {) YES JqNO APPROVAL BY CITYATTORNEY ()APPROVED (j NOT APPROVED PLACED ON AGENDA FOR: REMARKS.- If� PHONE: 678.242.2500 l FAX: 678.242.2499 ► � into@cityofmiltonga.us I www.cityofmiltonga.us wnww�n 13000 Deerfield Parkway, Suite 107 1 Millon GA 30004 �r Green v *Emified* Community * cI _ m>remvey ro:; aWvacre c v_ Ethics — CER73$7IED BRONZ:7.. 3�'C4 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS BY APPOINTING A BOARD MEMBER FOR DISTRICT 3 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on May 20, 2013 at 6:00 p.m. as follows: SECTION 1. That __________ __________ (District 3) is hereby appointed for a term commencing May 20, 2013 and ending December 31, 2013; and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 20th day of May, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal)