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HomeMy WebLinkAbout01-06-2014-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, January 6, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire 1) CALL TO ORDER 2) ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS  Mayor Joe Lockwood  Councilmember Karen Thurman  Councilmember Bill Lusk 3) ELECTION OF THE MAYOR PRO TEM (Sworn in by Mayor Joe Lockwood) 4) ROLL CALL 5) PLEDGE OF ALLEGIANCE MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 6 , 2014 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-001) 7) PUBLIC COMMENT 8) CONSENT AGENDA 1. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for a Phase I Environmental Site Assessment. (Agenda Item No. 14-002) (Carter Lucas, Public Works Director) 2. Approval of the Financial Statements for the Period Ending November, 2013. (Agenda Item No. 14-003) (Stacey Inglis, Assistant City Manager) 3. Approval of Release and Settlement Agreement between the City of Milton and AT&T. (Agenda Item No. 14-004) (David Frizzell, IT Manager) 9) REPORTS AND PRESENTATIONS (None) 10) FIRST PRESENTATION 1. Consideration of RZ13-17 – 13980 Freemanville Road by Fuqua and Associates to Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to Develop 9 Single Family Residences on 16.98 Acres. (Agenda Item No. 14-005) (Kathleen Field, Community Development Director) 2. Consideration of RZ13-19 – 13941 and 13943 Highway 9 North by Ashton Atlanta Residential, LLC to Rezone from O-I (Office-Institutional) to TR (Townhouse Residential) to Develop 24 Single Family Residences. (Agenda Item No. 14-006) (Kathleen Field, Community Development Director) 11) PUBLIC HEARINGS (None) 12) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 6 , 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 13) UNFINISHED BUSINESS 1. Consideration of T13-03/VC-08 - 330 Batesville Road by STC Two LLC (d/b/a Crown Castle USA) to Replace the Existing 150 Foot High, Stealth Designed “Light Pole” Telecommunications Tower with an 195 Foot High “Mono-Pine” Telecommunications Tower and a Two Part Concurrent Variance: 1) To Reduce the Tower Setbacks from Adjacent Property Lines from 293 Feet on all Sides to (a) 165 Foot and 181 Feet on the Northwestern Property Lines, (b) 175 Feet on the Northeastern Property Line, and (c) 49 Feet on the Eastern Property Line, all as More Particularly Shown on the Site Plan Filed Herewith. (Sec. 54-6(d)(2)). 2) To Waive the 20 Foot Landscaping Buffer Requirement as the Ground Equipment on the Site will be Shielded by a Wooded Slatted Fence and Existing Vegetation. (Sec. 54-6(e)). (Agenda Item No. 13-297) (First Presentation on December 16, 2013 Regular City Council Meeting) (Chris Lagerbloom, City Manager) 14) NEW BUSINESS 1. Consideration of a Resolution Appointing the Chief Judge of the Municipal Court for the City of Milton Georgia Pursuant to Article V of the City Charter. (Agenda Item No. 14-007) (Mayor Joe Lockwood) ADMINISTER OATH OF OFFICE TO CHIEF JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON (Sworn in by Mayor Joe Lockwood) 2. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Board of Zoning Appeals for District 1/Post1, District 2/Post 1, District 3/Post 1 and At Large. (Agenda Item No. 14-008) (Mayor Joe Lockwood) 3. Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals for District 3/Post 2. (Agenda Item No. 14-009) (Mayor Joe Lockwood) 4. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Design Review Board for District 1/Post 1, District 2/Post 1, District 3/Post 1 and At Large. (Agenda Item No. 14-010) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 6 , 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Planning Commission for District 1/Post 1, District 2/Post 1, District 3/Post 1 and At Large. (Agenda Item No. 14-011) (Mayor Joe Lockwood) 6. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Parks and Recreation Advisory Board for District 1/Post 1, District 2/Post 1, District 3/Post 1 and At Large. (Agenda Item No. 14-012) (Mayor Joe Lockwood) 7. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Historic Preservation Commission for District 1/Post 1, District 2/Post 1, District 3/Post 1 and At Large. (Agenda Item No. 14-013) (Mayor Joe Lockwood) 8. Consideration of a Professional Services Agreement between the City of Milton and E.M.S. Ventures, Inc. d/b/a Rural Metro Ambulance Service to Provide Supplemental Emergency Medical Ambulance Transport Services for the City of Milton. (Agenda Item No. 14-014) (Chief Robert Edgar, City of Milton Fire Department) 9. Consideration of a Resolution of the City of Milton Consenting to Expansion of North Fulton Community Improvement District. (Agenda Item No. 14-015) (Chris Lagerbloom, City Manager) 10. Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Facility and Fields Use Policy. (Agenda Item No. 14-016) (Jim Cregge, Parks and Recreation Director) 15) MAYOR AND COUNCIL REPORTS 16) STAFF REPORTS 17) EXECUTIVE SESSION (if needed) 18) ADJOURNMENT (Agenda Item No. 14-017) HOME OF ' FSTABLISIiFP 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Decembe 26, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc.: for a Phase I ESA. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (X APPROVED CITY A TTORNEY APPRO VAL REQUIRED: OYES CITY ATTORNEY REVIEW REQUIRED.- YES APPROVAL BYCITYATTORNEY APPROVED PLACED ON AGENDA FOR: Q 1 O W 4 REMARKS ® . YouID PHONE: 678.242.2500 1 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOTAPPROVED (}hIO {)AIO (} NOT A PPROVED iF g * ftifie* + faA 7Up Com unity E�h; W Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on December 6, 2013 for the January 6, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for a Phase I ESA ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract provides for professional engineering services related to a Phase I Environmental Site Assessment in the Crabapple area in an amount of $1,500. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Future City Facilities account in the Administration Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 12/3/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement M I LTO' E YrA01.I$11 ED MIO", PROFESSIONAL SERVICES AGREEMENT Crabapple Phase I Environmental Site Assessment is Professional Services Agreement (the "Agreement") is made and entered into this 4- day of LO(i bff , 2013, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Universal Engineering Sciences, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant 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 Consultant, 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 WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT 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: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a Phase I ESA. Section 3. Contract Time: Consultant 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 21 calendar 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 Consultant for the services performed and costs incurred by Consultant 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 Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the Page 1 of 6 ej," 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 $1,500 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant 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 Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant 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, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant 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 Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties 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. Consultant 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. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Consultant 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. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. Page 2 of 6 F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("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 Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Scott Thomson, PE shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant 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 sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetinjzs: Consultant 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. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant 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. E -Verify Affidavits. It is the policy of the City of Milton 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: (1) 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 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 Page 3 of 6 N1, perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, 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. 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", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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 Security. 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 agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. 100 or more employees. Fewer than 100 employees. Page 4 of 6 C r Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 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. 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 E 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. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 6 [Universal Engineering Sciences, Inc.] Signature: ,r + Title: UI Qn n )an [IVR_. r [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name: Sma Page 6 of 6 LOCATION WITHHELD UNDER PROVISION OF LAND ACQUISITION FOR REVIEW – PLEASE SEE CITY CLERK Exhibit "B" Insurance Certificate F.X141RIT "C:" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON 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 engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Universal Engineering Sciences, Inc. Name of Contractor Crabapple Phase I ESA Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Universal Engineering Sciences, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Crabapple Phase I ESA Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires, HOME OF' LtUN* S CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending November 2013. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR REMARKS () NOT APPROVED (� NO ` NO O NOT APPROVED youln a s9 G i e . . PHONE: 678.242.25001 FAX: 678.242.2499 I C'�rtfi 14� community '`h' Hu�f mo ra„ infoftityofmiltonga.us I www.cltyofmWonga.us - 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'ff To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 26, 2013 for the January 6, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 2 – November 2013 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 27.8% over what is anticipated for the second period of the fiscal year.. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $2,580,777 and are 8.5% 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 $13,884,112, capital expenditures-to-date total $1,711,490. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending November 2013 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,334,000 - - - - - - Motor Vehicle Tax 550,000 83,972 45,833 38,139 83,972 45,833 38,139 Intangible Tax 230,000 - - - - - - Real Estate Transfer Tax 55,000 - - - - - - Franchise Fees 1,800,000 - - - - - - Local Option Sales Tax 4,000,000 350,378 333,333 17,045 350,378 333,333 17,045 Alcohol Beverage Excise Tax 285,000 24,884 23,750 1,134 24,884 23,750 1,134 Business & Occupation Tax 590,000 2,533 - 2,533 5,172 - 5,172 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 33,000 - - - - - - Penalties & Interest 30,000 5,089 2,250 2,839 9,174 4,500 4,674 Alcohol Beverage Licenses 135,000 114,200 114,750 (550) 116,550 114,750 1,800 Other Non-Business Permits/Licenses 10,500 3,692 1,192 2,500 7,696 2,583 5,112 Zoning & Land Disturbance Permits 90,500 65,428 7,542 57,887 99,256 15,083 84,173 Building Permits 320,000 28,282 26,667 1,616 66,312 53,333 12,979 Other Charges for Service 419,860 32,669 35,013 (2,345) 78,035 66,427 11,609 Municipal Court Fines 360,000 28,910 30,000 (1,090) 81,447 60,000 21,447 Interest Earnings 14,500 1,640 1,208 432 3,221 2,417 805 Contributions & Donations - 125 - 125 277 - 277 Other Revenue 27,040 110 - 110 335 - 335 Other Financing Sources 44,000 408 2,000 (1,592) 788 4,000 (3,212) Total Revenues 18,828,400 742,321 623,538 118,782 927,497 726,010 201,487 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 11,858.73 13,895 (2,036) 18,176 21,204 (3,028) City Clerk 210,240 15,933.67 19,646 (3,712) 28,846 34,363 (5,517) City Manager 456,671 40,869.37 47,457 (6,587) 69,826 74,276 (4,449) General Administration 37,794 1,748.78 2,983 (1,234) 3,550 5,966 (2,416) Finance 340,159 29,410.19 34,963 (5,553) 52,572 57,361 (4,789) Legal 230,000 - - - 1,007 1,007 - Information Technology 580,075 42,778.04 52,386 (9,608) 114,311 129,427 (15,116) Human Resources 283,931 27,454.45 28,148 (693) 46,629 48,525 (1,896) Risk Management 195,015 - - - - - - General Government Buildings 444,900 - - - 71,594 71,427 167 Public Information & Marketing 206,116 19,329.79 20,218 (889) 30,476 31,917 (1,441) Municipal Court 246,985 22,044.39 26,372 (4,328) 36,728 40,732 (4,003) Police 3,220,238 272,578.94 327,154 (54,575) 452,223 505,775 (53,553) Fire 5,258,026 599,740.92 702,842 (103,101) 895,062 983,225 (88,163) EMS Operations - - - - - - - Public Works 1,775,643 118,660.73 131,997 (13,336) 161,722 178,678 (16,956) Parks & Recreation 978,476 336,506.17 346,909 (10,403) 350,300 366,109 (15,809) Community Development 1,035,970 87,173.98 110,178 (23,004) 150,562 172,656 (22,094) Economic Development 79,285 4,422.72 4,576 (153) 6,422 6,717 (295) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,151,071 - - - - - - Operating Reserve 158,369 - - - - - - Total expenditures 20,146,310 1,630,511 1,869,723 (239,213)2,580,777 2,820,133 (239,356) Net Income/(Loss)(1,317,910)(888,190)(1,653,280) 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 Earth Day Vendor Fee 1,300$ -$ -$ (1,300)$ Interest Revenues 40 2 2 (38) Crabapple Fest Sponsor 7,500 - 1,000 (6,500) Earth Day Sponsor 4,000 - - (4,000) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - - (2,000) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - - (1,500) Roundup Food Sales - - - - Total revenues 16,840$ 2$ 1,002$ (15,838)$ EXPENDITURES Current: Special Events 65,095$ 2,023$ 13,913$ 46,012$ Total Expenditures 65,095$ 2,023$ 13,913$ 46,012$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 5,853$ 5,853$ (24,147)$ Total other financing sources and uses 35,000$ 5,853$ 5,853$ (24,147)$ Net change in fund balances (13,255)$ (7,057)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 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 - 974 974 974 Interest Revenues/State Funds - 2 5 5 Interest Revenues/Federal Funds - 3 5 5 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 979$ 984$ 984$ EXPENDITURES Current: Police 18,000$ 1,576$ 2,226$ 15,774$ Total Expenditures 18,000$ 1,576$ 2,226$ 15,774$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ (1,242)$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2013 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 34,057$ 34,057$ (765,943)$ Interest Revenue 200 23 44 (156) Total revenues 800,200$ 34,080$ 34,101$ (766,099)$ EXPENDITURES Current: Public Safety 1,117,262$ 275,368$ 276,632$ 840,630$ Total Expenditures 1,117,262$ 275,368$ 276,632$ 840,630$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (242,531)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2013 5 Original 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 - - - - GEMA Grant - - - - FRESH Grant - - 10,000 10,000 Interest Revenues - 0 0 0 Total revenues -$ 0$ 10,000$ 10,000$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 0 10,000 10,000 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 10,000 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2013 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 5,853$ 5,853$ (49,147)$ Total revenues 55,000$ 5,853$ 5,853$ (49,147)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 35,000 5,853 5,853 (29,147) Total other financing sources and uses 55,000$ 5,853$ 5,853$ (49,147)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2013 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ -$ -$ (65,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 80,000 - - (80,000) HYA Fees - - - - Interest Revenue 3,000 259 464 (2,536) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 148,000 259$ 464$ (147,536)$ EXPENDITURES Capital Outlay City Council 36,070$ -$ 3,850$ 32,220$ Police 2,333,805 - - 2,333,805 Fire 1,438,530 - - 1,438,530 Public Works 8,188,413 1,547,937 1,563,150 6,625,263 Parks & Recreation 1,791,621 50,905 144,090 1,647,531 Community Development 95,673 - 400 95,273 Total Capital Outlay 13,884,112$ 1,598,842$ 1,711,490$ 12,172,622$ Excess of revenues over expenditures (13,736,112) (1,598,583) (1,711,026) (12,320,158) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ -$ -$ (4,151,071)$ Unallocated (125,216) - - 125,216 Total other financing sources and uses 4,025,855 - - (4,025,855) Net change in fund balances (9,710,257) (1,711,026) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2013 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG -$ -$ -$ -$ LMIG Funds - 206,561 206,561 206,561 GDOT HPP Funds 7,262,878 - - (7,262,878) LCI Funds - - - - GA Urban Forestry Grant - - - - MARTA Grant 177,355 - - (177,355) Deerfield @ Morris Grant - - - - SR 9 @ Bethany Bend Grant 60,000 - - (60,000) GDOT-Signage/Landscaping 4,062 - - (4,062) Interest Revenues 800 34 53 (747) Total revenues 7,505,095$ 206,595$ 206,614$ (7,298,481)$ EXPENDITURES Capital Outlay Public Works 8,870,376$ 136,507$ 248,222$ 8,622,154$ Community Development 7,190 - - 7,190 Total Capital Outlay 8,877,566$ 136,507$ 248,222$ 8,629,344$ Excess of revenues over expenditures (1,372,471) 70,089 (41,608) 1,330,863 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (1,372,471) (41,608) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2013 9 dA HOME OF ' FSTAUISFIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Approval of Release and Settlement Agreement between the City of Milton and AT&T. MEETING DATE: Monday, January 6, 2014 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: (YYES APPROVAL BY CITY ATTORNEY (KAPPROVED PLACED ON AGENDA FOR: in i b b 4 REMARKS O NOT APPROVED O NO O NO (} NOT APPROVED KIyoum ,,, Green t Certified i fop k00 PHONE: 678.242.25001 FAX: 678.242.2499 , ,Community 4c�ri�BOs info@cityofmiltonga.us I www.cityofmiltongo.us ` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on Dec. 23, 2013 for the Jan. 6, 2014 Regular Council Meeting Agenda Item: Approval of Release and Settlement Agreement between the City of Milton and AT&T ____________________________________________________________________________ Department Recommendation: The IT manager recommends approval of this consent agenda item. Executive Summary: This item discusses the deactivation of a firewall and T1 circuit (“T1 Circuit”) that were contracted to the City of Milton in March of 2010 by AT&T. In May of 2013, the IT department initiated a billing dispute with AT&T over the T1 Circuit when it was discovered to be non-functional. The T1 Circuit is under a maintenance contract until May of 2014. The city and AT&T agree that the T1 Circuit should be removed from the existing maintenance contract. AT&T will credit any payments made by the city after May of 2013, and will also credit the city for the cost of the T1 Circuit for the six months prior to the dispute. Furthermore, AT&T agrees that the city will not be subject to early termination fees on the T1 Circuit. Funding and Fiscal Impact: AT&T will credit the City of Milton $11,086.00 for previous payments made on the existing maintenance contract. The contracted amount of $1,040.32 for the T1 Circuit will be removed from the city’s monthly bill moving forward. Alternatives: N/A Legal Review: Paul Higbee, Ken Jarrard – Jarrard & Davis (12/11/2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Release and Settlement Agreement between AT&T Corp. and City of Milton, GA. RELEASE AND SETTLEMENT AGREEMENT This document is a Release and Settlement Agreement (the "Agreement") between AT&T Corp. ("AT&T") and City of Milton, GA ("CUSTOMER"). Recitals WHEREAS, CUSTOMER ordered and AT&T installed a T1 circuit (#689228..ATI) ("71 Circuit") pursuant to the Master Agreement between AT&T and CUSTOMER, effective December 4, 2009, and its associated AT&T Managed Internet Service Pricing Schedule, effective March 12, 2010 ("Service Agreement"), which was billed monthly by AT&T to CUSTOMER on Account Number 831-000-1910-564 (the "Account"); and WHEREAS, a dispute has arisen concerning the billing and payment of monthly recurring charges on the Account for the "IP Optional Components" associated the T1 Circuit from June 2010 the closing of billing on the Account as of November 2, 2013 (the "Dispute"); WHEREAS, AT&T and CUSTOMER now wish to resolve the Dispute; Therefore, the parties agree as follows: I. Credit by AT&T AT&T shall credit and CUSTOMER shall accept the total amount of $11,086.00 to the Account, which amount includes any applicable Regulatory pees and Taxes, in full and final settlement of the Dispute. No early termination fees under the Service Agreement apply to the Account with respect to T1 Circuit. 2. Release As part of the resolution of the Dispute, CUSTOMER knowingly and voluntarily releases AT&T from any type of further liability or claim, whether judicial, administrative, or otherwise, regarding the Dispute. CUSTOMER acknowledges that this Agreement expressly gives up every right CUSTOMER has regarding the Dispute. 3. Entire Agreement Regarding the Dispute This Agreement is the entire and complete agreement of the parties regarding the resolution of the Dispute. There are no other agreements or promises that have not been stated in this Agreement. The parties have negotiated this Agreement, and these negotiations have been superseded by this Agreement. 4. Ownership of Claim Each party represents to the other party that it owns the claims asserted here. Those claims have not been assigned or transferred to anyone else. 5. No Admission of Liability The parties enter into this Agreement to resolve the Dispute. Neither party admits liability for the claims asserted by the other party. 6. Legal Counsel Each party represents that, in the negotiation and execution of this Agreement, it had the opportunity to consult a lawyer. Prior to the execution of the Agreement, the party's attorney, if any, reviewed the Agreement and made any desired changes or recommendations. 7. Applicable Law If this Agreement requires interpretation according to established legal principles, the parties agree that this Agreement shall be construed in accordance with New York law in effect as of the date the Agreement is executed. S. Enforcement of Agreement While the parties intend to perform their respective obligations in good faith, it may become necessary for one party to bring a lawsuit to enforce or interpret the provisions of this Agreement. If such a lawsuit is brought, the prevailing party shall be entitled to all of its costs in prosecuting or defending this lawsuit, including a reasonable amount of its attorney's fees. 9. Confidentiality This Agreement, and the terms and existence hereof, constitute the confidential and proprietary information of each party. The parties agree to keep this Agreement, and the terms and existence hereof, confidential. Neither party shall disclose such information to others, unless required by a Court or regulatory agency of competent jurisdiction, and then, only upon prior written notice to the other party. If asked about the Dispute, each party may respond that the Dispute has been resolved to its satisfaction. 2 10. Miscellaneous (a) If a party delays or fails to exercise a right it has under this Agreement or, alternatively, fails to strictly enforce any breach or default that shall not constitute a waiver of the other party's obligation to perform its obligations under this Agreement. Similarly, if a party excuses a breach or default on one occasion that shall not mean the other party is excused in the future from performing that obligation unless the excusing party states this in writing. (b) If a court rules that any provision of this Agreement is invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. 11. Counterparts This Agreement may be signed in counterparts, which together will constitute the original Agreement, 12. AT&T Countersignature AT&T may countersign this Agreement either by hand or electronically. IN WITNESS WHEREOF, the parties have duly executed and agreed to be bound by this Agreement by the signatures of their authorized representatives below. Each party represents and warrants that the person executing this Agreement on its behalf is fully authorized. AT&orp. By: (Authorized AT Signature) I�-A-QIP' I Nh A 6 (Typed or Printed Name and Title) Date: Cts City of Milton, GAL By: (Authori TOMER Signature) Jop Z-0& / (Typed or Printed Name an Title Date:-- f L - 2- ' - t3 This Agreement is not accepted until signed by CUSTOMER. and AT&T HOME OF ' ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 31, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-17 — 13980 Freemanville Road by Fuqua and Associates to Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 9 Single Family Residences on 16.98 Acres. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATfON: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PPROVED CITY ATTORNEY APPROVAL REQU11IRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY O APPROVED PLACED ON AGENDA FOR: REMARKS () NOT APPROVED X NO )(No () NOT APPROVED ® YOUM PHONE: 678.242.25001 FAX: 678.242.2494 Green ^vCommunity info@cityofmiltonga.us I www.cityofmiltonga.us,8� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 1 of 18 RZ13-17 RZ13-17 PROPERTY INFORMATION ADDRESS 13980 Freemanville Road DISTRICT, LAND LOT 2/2 813, 812, 772 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 16.98 EXISTING USE Under development PROPOSED USE 9 Single Family Residential lots PETITIONER Fuqua and Associates ADDRESS 700 Barberry Drive Alpharetta, GA 30004 770-475-9975 OWNER Fuqua and Associates ADDRESS 700 Barberry Drive Alpharetta, GA 30004 770-475-9975 COMMUNITY DEVELOPMENT RECOMMENDATION – December 18, 2013 RZ13-17 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – December 18, 2013 RZ13-17 – APPROVAL CONDITIONAL - 6-1 INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 9 single family residences (minimum 1 acre lots) on 16.98 acres. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 2 of 18 RZ13-17 LOCATION MAP Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 3 of 18 RZ13-17 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 4 of 18 RZ13-17 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 5 of 18 RZ13-17 Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 6 of 18 RZ13-17 Cross-section at Providence road and Freemanville Road View of the Property from Freemanville Road Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 7 of 18 RZ13-17 Existing entrance to the property from Freemanville Road Other end of the road closed temporarily. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 8 of 18 RZ13-17 Neighboring gated Property Northwest on Freemanville Road Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 9 of 18 RZ13-17 SUBJECT SITE AND BACKGROUND: The subject site contains 16.42 acres. The parcel is currently under development with nine lots zoned AG-1 (Agricultural). Nine lots of single family homes are proposed. This site is a final phase of existing subdivision ‘Triple Crown’ which is zoned CUP (Community Unit Plan) as well. The site is located within the “Agricultural, Equestrian Estate Residential (AEE)” designation of the 2030 City of Milton Comprehensive Plan. The original design of this final phase contained a total of 22.10 acres to develop 13 lots, of which 4.12 have been since sold to an adjacent property owner leaving this petition a total of 16.98 acres. A current LDP was issued by the Community Development Department on August 4, 2013 for nine lots under the AG-1 (Agricultural) zoning district. The applicant is requesting a rezoning to CUP (Community Unit Plan) to build 9 single family residences at an overall density of 0.53 units per acre. Therefore, no change in the number of lots is requested as part of the request to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan). SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 3, 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 Applicant has not indicated height 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 16.98 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 0.53 units per acre Minimum lot width (at building line) per conditions 90 feet Minimum CUP development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 30 feet minimum Minimum heated floor area as 2,800 square feet Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 10 of 18 RZ13-17 specified in conditions Minimum perimeter setback as specified Varies; per site plan The following are proposed building setbacks and development standards for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 30 feet b) Side yard setback – 10 feet c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 40 feet e) Adjacent to Freemanville Road – 50 feet f) Adjacent to AG-1- 50 feet g) No lot would have direct access to Freemanville Road LANDSCAPE STRIPS AND BUFFERS Based on the fact that the site is under construction and the approved plans indicate compliance with the landscape strip requirements around the stormwater facility, further comment is not needed. The site plan indicates a 50 foot building setback for lots adjacent to Freemanville Road (lots 3-5). Staff is including a 40 foot wide undisturbed buffer and an additional 20 foot no improvement setback for lots along Freemanville Road so that the rural view shed will be maintained along this corridor. In addition, those homes on lots 3-5 will be required to be reviewed by the Community Development Department with assistance from the City Architect to ensure 360 degree architecture prior to the issuance of a building permit. The City Arborist has met with the applicant and approved a landscape plan including the location and types of vegetation. These items will be included in the Recommended Conditions. 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. The site plan does not indicate the required sidewalks. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 11 of 18 RZ13-17 There is an existing emergency vehicle access driveway that exits from Freemanville Road and for use only by emergency vehicles. 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 wetlands, floodplain, historical sites or sensitive plant and animal species. The site does contain a stream that has been delineated with the appropriate buffers and setbacks. The site also contains slopes exceeding 25% in the areas located within the stream buffer area. 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 City Council Meeting on January 6, 2014 1/2/2014 Page 12 of 18 RZ13-17 FINANCIAL MODELING RESULTS PUBLIC INVOLVEMENT Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 13 of 18 RZ13-17 On October 29, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were three residents from the community in attendance. No one expressed opposition to the rezoning. 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 Monday, November 4, 2013. There were three people in attendance for the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – December 3, 2013 Comments:  Provide a 60’ undisturbed area along Freemanville Road.  Where sparsely vegetated, replant in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed.  Architectural elevations for lots 3, 4, 5 (fronting Freemanville Road) shall be reviewed and approved by Staff prior to the issuance of a building permit.  The Milton trail should be incorporated into the development. CITY ARBORIST As mentioned, the site is under construction and development permit was issued. The tree bond for $55,000 has been submitted. The City Arborist requires that 110 (4”) trees are required or combination of sizes and species as approved by the City Arborist. Screening should be done with natural vegetation with at least 60 percent coverage in trees and shrubs with no more than 40% coverage in grass or groundcover. As mentioned before, the City Arborist has met with the applicant and approved a landscape plan including the location and types of vegetation to preserve the rural view shed. 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. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 14 of 18 RZ13-17 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 9 lot single family residential subdivision developed at a density of 0.53 units per acre is consistent with adjacent and nearby properties zoned CUP (Community Units Plan) to the north and west and AG-1 (Agricultural) to south and east 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. 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 remainder of Triple Crown to the west zoned CUP pursuant to RZ03-159 approved at a density of .60 units per acre, and other single family subdivisions and lots to the north, east, and south. The specific approved conditions for RZ03-159 are as follows: Minimum heated floor area – 2,500 square feet Lot Width – 90 feet Lot Frontage – 35 feet Front Yard – 30 feet Side Yard – 10 feet Side Yard adjacent to a street – 20 feet Rear Yard – 50 feet Perimeter Building Setback – 50 feet 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? Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 15 of 18 RZ13-17 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 small. Although Northwestern MS and Milton HS are enrolled over the capacity, the schools are made aware of the demographic changes occurring in the region. This subdivision is under construction under the AG-1 designation and it 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: Agricultural Equestrian Estate Residential Proposed use/density: Single Family Residential at 0.53 units per acre The proposed CUP (Community Unit Plan) development conforms to the following suggested policy and intent of the 2030 City of Milton Comprehensive Plan if developed with the Recommended Conditions.  We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. 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 site contains slopes and a stream with the required buffers. In addition the remainder of Triple Crown is also zoned CUP to the west. The request for the proposed CUP allows for additional flexibility to better site the homes within the subdivision based on the Fulton County Health Department requirement of two drain fields, protect specimen trees, and better landscape design for the subdivision. These facts are grounds to recommend approval of the proposed CUP (Community Unit Pan) if developed with the Recommended Conditions. Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 16 of 18 RZ13-17 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. CONCLUSION If developed as a CUP (Community Unit Plan) with the Recommended Conditions, the nine 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 RZ13-17 to rezone from AG-1(Agricultural) to CUP (Community Unit Plan). Prepared by the Community Development Department for the City of Milton City Council Meeting on January 6, 2014 1/2/2014 Page 17 of 18 RZ13-17 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Freemanville Road with a frontage of 523 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 9 total dwelling units at a maximum density of 0.53 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 site plan received by the Community Development Department on October 3, 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 City Council Meeting on January 6, 2014 1/2/2014 Page 18 of 18 RZ13-17 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Minimum lot width (at building line) – 90 feet c) Minimum lot frontage – 30 feet d) Minimum heated floor area per units – 2,800 square feet e) Minimum front yard setback – 30 feet f) Minimum side yard setback – 10 feet g) Minimum rear yard- 40 feet h) Adjacent to AG-1 -50 feet i) No lot would have direct access to Freemanville Road j) Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback for lots along Freemanville Road identified as lots 3, 4, and 5 and where sparsely vegetated, replant in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. k) Architectural elevations for lots 3, 4, 5 (adjacent to Freemanville Road) shall be reviewed and approved by the Community Development Department with assistance of the City Architect prior to the issuance of a building permit. Page is too large to OCR. ORDINANCE NO._______ PETITION NO. RZ13-17 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY UNIT PLAN) FOR A 9 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON FREEMANVILLE ROAD HAVING A FRONTAGE OF APPROXIMATELY 523 FEET CONTAINING 16.98 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 22, 2014 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 Freemanville Road with frontage of approximately 523 feet, consisting of a total of approximately 16.98 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 812, 813, and 772 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 22nd day of January, 2014. 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 Freemanville Road with a frontage of 523 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 9 total dwelling units at a maximum density of 0.53 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 site plan received by the Community Development Department on October 3, 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) Minimum lot width (at building line) – 90 feet c) Minimum lot frontage – 30 feet d) Minimum heated floor area per units – 2,800 square feet e) Minimum front yard setback – 30 feet f) Minimum side yard setback – 10 feet g) Minimum rear yard- 40 feet h) Adjacent to AG-1 -50 feet i) No lot would have direct access to Freemanville Road j) Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback for lots along Freemanville Road identified as lots 3, 4, and 5 and where sparsely vegetated, replant in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. k) Architectural elevations for lots 3, 4, 5 (adjacent to Freemanville Road) shall be reviewed and approved by the Community Development Department with assistance of the City Architect prior to the issuance of a building permit. Site plan submitted on October 3, 2013 HOME OF ' FSTAM-ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 31, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-19 — 13941 and 13943 Highway 9 North by Ashton Atlanta Residential, LLC to Rezone from 0-1 (Office -Institutional) to TR (Townhouse Residential) to Develop 24 Single Family Residences. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES NO CITY ATTORNEY REVIEW REQUIRED. O YES J NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 01 O (a) q REMARKS 4 ® Youlm- _ * nes PHONE: 678.242.2500 1 FAX: 578.242.2499 Gr--e—en--,,v infofcityofmiltonga.us I www.cityofmiltonga.us Community i�r;,« } 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 1 of 27 RZ13-19 RZ13-19 PROPERTY INFORMATION ADDRESS 13941 & 13943 Hwy 9 (East Side) DISTRICT, LAND LOT 2/2 831 OVERLAY DISTRICT State Route 9 and Deerfield/Highway 9 Form-Based Code EXISTING ZONING O-I (Office Institutional) – RZ07-10 PROPOSED ZONING TR (Townhouse Residential) ACRES 5.3 EXISTING USE Undeveloped and Vacant Single Family Residential PROPOSED USE 24 Single Family Residential Units PETITIONER Ashton Atlanta Residential, LLC, - Joe Ingram ADDRESS 3820 Mansell Road, Suite 300 Alpharetta, GA 30022 678-781-3164 OWNER ARG QUALITY PROPERTIES ADDRESS 3630 Peachtree Road, Suite 1050 Atlanta, GA 30326 COMMUNITY DEVELOPMENT RECOMMENDATION – December 18, 2013 RZ13-19– DENIAL PLANNING COMMISSION RECOMMENDATION – December 18, 2013 RZ13-19– DENIAL – 7-0 INTENT To rezone from O-I (Office Institutional) to TR (Townhouse Residential) to develop 24 single family detached homes on 5.3 acres at an overall density of 4.53 units per acre. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 2 of 27 RZ13-19 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 3 of 27 RZ13-19 CURRENT ZONING MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 4 of 27 RZ13-19 CURRENT FORM-BASED OVERLAY DISTRICT MAP T5 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 5 of 27 RZ13-19 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 6 of 27 RZ13-19 FUTURE LAND USE PLAN MAP AS AMENDED APRIL 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 7 of 27 RZ13-19 Site Plan Submitted on November 6, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 8 of 27 RZ13-19 Revised Site Plan Submitted on December 3, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 9 of 27 RZ13-19 SUBJECT SITE VIEW FACING NORTHEAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT, HWY 9 FAR LEFT/BOTTOM SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 10 of 27 RZ13-19 SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUBJECT SITE LEFT, HWY 9 RIGHT Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 11 of 27 RZ13-19 SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUPERIOR INDOOR COMFORT, INC LEFT, SUBJECT SITE CENTER/RIGHT AND HWY 9 RIGHT/BOTTOM VIEW ACROSS THE STREET FROM SUBJECT SITE FACING SOUTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 12 of 27 RZ13-19 VIEW ACROSS THE STREET FROM SUBJECT SITE FACING NORTHWEST ALONG HWY 9 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 13 of 27 RZ13-19 EXISTING USES AND ZONING OF NEARBY PROPERTY 4 1 3 5 6 8 10 9 2 11 7 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 14 of 27 RZ13-19 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area South 1 RZ06-096 (11-15-2006) C-1 (Community Business) CVS Pharmacy 5,690 sq. ft./acre or total of 34,282 sq. ft. West 2 RZ04-022 (05-05-2004) C-1 (Community Business) Commercial Strip Center 7,314.03 sq. ft. /acre or total 9,468 sq. ft. West 3 AG-1 AG-1 (Agricultural) Undeveloped n/a North 4 RZ88-100 (07-06-1988) M-1 (Light Industrial) Air Conditioning Business 4,151 sq. ft./acre or total 8,800 sq. ft. Northwest 5 RZ00-052 (08-02-2000) C-1 (Community Business) Daycare Center 4,771.25 sq. ft./acre or total 14,600 sq. ft. on 3.06 acres North 6 AG-1 AG-1 (Agricultural) Undeveloped n/a East 7 AG-1 AG-1 (Agricultural) Bellemeade Farms Subdivision 1 unit/acre (Est. 3,000 sq/ft) North 8 RZ88-023 (03-02-1988) C-2 (Community Business) Landscaping Supply Business 8,040 sq. ft. per acre or total 24,600 sq. ft. Northwest 9 AG-1 AG-1 (Agricultural) Agricultural Apple Orchard n/a North 10 AG-1 AG-1 (Agricultural) Undeveloped n/a North 11 RZ95-150 (1995) R-4A (Residential) Lake Laurel Subdivision 2.2 units/acre 2,400 sq. ft. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 15 of 27 RZ13-19 SUBJECT SITE: The subject site contains 5.3 acres and is undeveloped. The total subject site was rezoned O-I (Office Institutional ) pursuant to RZ07-10 for 28,104 square feet at a total density of 5,332 square feet per acre of general office for the four parcels totaling 5.3 acres. However, the two parcels to the south (1.64 acres) were rezoned to T-5 Urban Center Zone Form-Based Code, while the two north parcels (3.84 acres) remained O-I. Therefore, the two north parcels (3.84 acres) remaining O-I at 5,332 square feet per acre gives the two north parcels a total of 20,489.76 square feet of general office on 3.84 acres. The two south parcels under T-5 Urban Center Zone Form-Based Code are allowed a total of 33,210 square feet of commercial, office or retail on 1.64 acres or 9 units per acre of residential . The subject site is located on the east side of Hwy 9 just north of CVS Drug Store and south of Superior Indoor Comfort. The site is located within the Mixed Use designation on the City’s Future Land Use Map and Transitional Zone per the Hwy 9/GA 400 Area Master Plan. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on December 3, 2013, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL) Requirements Subject Site Minimum lot area per unit -2,000 sq. ft. 5,000 square feet Maximum density allowed – 9 u/a 5.21 units per acre Minimum lot width - 20 feet The lots exceed the minimum requirement Minimum lot frontage – 20 feet The lots exceed the minimum requirement Minimum heated floor area per unit- 1,100 square feet 2,000 square feet Maximum height – 40 feet The proposed buildings will not exceed the maximum height The following are the building setbacks when one building per lot shall be as follows: Front yard 20 feet from right-of-way Side Yard 0 feet (14ft between houses) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 16 of 27 RZ13-19 Side yard adjacent to a street 15 feet Rear yard 25 feet The following are the minimum perimeter setbacks for the entire TR development: Front yard adjacent to SR 9 40 feet Side yard along the north and south property lines 30 feet Side yard abutting a street 40 feet Rear yard along east property line 35 feet  Maximum lot coverage. The area of the foot print of all buildings and parking shall not exceed 50 percent of the total land area. The proposed development provides less than 50 percent of the total land area. Based on all the requirements noted above, the site plan indicates compliance with the development standards for TR (Townhouse Residential). Staff will require that a minimum 20 foot setback from the garage door to the back of the curb be provided in order to ensure that the sidewalk is not blocked by a vehicle parked in the driveway. Secondly, a minimum of 4 spaces shall be provided for each residence based on the fact that the widths of the private streets are not sufficient to provide on street parking. LANDSCAPE STRIPS Staff notes that a 20-foot landscape strip is required around the detention pond. It appears that the site plan complies with this requirement. In addition, a black four board equestrian fence shall be constructed interior to the landscape strip. The items discussed above will be in the Recommended Conditions. The site plan indicates open space with landscaping along Hwy 9. Although the strict adherence to the Zoning Ordinance, landscaping is not required, Staff will specify the applicant provide the open space with landscaping in the Recommended Conditions. OTHER SITE PLAN CONSIDERATIONS It has been the City Council’s policy in the past where there has been development along Hwy 9 to provide a black four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 17 of 27 RZ13-19 In addition, if the Mayor and City Council approve the proposed development, Staff will require all single family building permits be reviewed and approved by the Community Development Department with assistance of the City Architect. 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 wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS The site is predominately pine trees with a hardwood stand along northern property boundary. An open area runs through the center of this site. Thirty (30) foot setbacks are nicely vegetated and should remain undisturbed as much as practical. There are eleven specimen trees on site, and if removed or encroached on, will require recompense. The site plan submitted shows removal of eight of the eleven specimen trees. Common areas along Hwy 9 should be preserved if possible and/or planted in a natural/clustered setting. Recompense will be 164 (4”) trees if all specimen trees are removed. Bond for recompense will be required. Staff notes that in the previous rezoning pursuant to RZ07-10, a condition of zoning was included to preserve three trees on the site identified as 1, 5 and 6. The exhibit will be included at the end of the Staff Report. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. PUBLIC WORKS 1. Bicycle and pedestrian facilities on SR 9 are not shown in accordance with City Code of Ordinances. 2. Entrance location, striping and turn lanes subject to GDOT approval. 3. Entrance configuration to be coordinated with projects PI 0007838 and PI 0012625. FULTON COUNTY BOARD OF EDUCATION The below table indicates the predicted student yields based on current data for a full build-out of all 24 single family residences. It shows average yields and average plus one standard deviation, to provide a high range estimate. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 18 of 27 RZ13-19 This area is currently zoned for Cambridge High, Hopewell Middle, and Cogburn Woods Elementary. Cambridge High School’s enrollment is below the building’s capacity by 367 students. Hopewell Middle’s enrollment exceeds the building’s capacity by 155 students. Cogburn Woods Elementary’s enrollment exceeds the building’s capacity by 66 students. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 19 of 27 RZ13-19 FINANCIAL MODELING IMPACTS Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 20 of 27 RZ13-19 PUBLIC INVOLVEMENT On December 4, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were six members of the community in attendance. Other Public Comments – Staff has spoken to the owner of Superior Indoor Comfort which abuts to the north and currently zoned M -1 (Manufacturing). He was concerned that the new homes would be protected from his business. Also, a resident of Bellemeade Subdivision to the east was concerned about the connection of sewer via an existing sewer easement in the subdivision. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Thursday, December 12, 2013 at the Windward Kroger Community Room. The applicant’s report stated that no one appeared at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – December 3, 2013 Comments:  The area was envisioned to have more of a walkable retail use.  Development should comply with the Highway 9/Deerfield Form Based Code.  Dwellings are to be subject to staff review. 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, bel ow, 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 24 lot single family residential subdivision developed at a density of 4.53 units per acre is consistent with properties further to the north. Further north is Lake Laurel zoned R4A (Residential) at a density of 2.2 units per acre. Further north along State Route 9 is Milton Preserve zoned TR (Townhouse Residential) and developed with detached single family residences at a density of 5.26 units per acre. East of the subject site are single family homes on at least 1 acre lots zoned AG-1. Across State Route 9 is The Greens at Crooked Creek zoned CUP (Community Unit Plan) at a density of 3.6 units per acre. The remainder of Crooked Creek and the Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 21 of 27 RZ13-19 Atlanta Athletic Club are also zoned CUP (Community Unit Plan) but at a density of 1.7 units per acre. Further along State Route 9 is Wyndham zoned TR (Townhouse Residential) and developed with townhomes at a density of 8.14 units per acre, and Kennewick zoned CUP (Community Unit Plan) developed with detached single family residences at a density of 4.99 units per acre. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings, but the site plan does not conform to the recently vetted and adopted Form -Based Code Overlay District. 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 the existing use or usability of the adjacent properties as described above. The proposed development is within the range of existing approved densities and uses in the area. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use as 5.3 acres currently zoned O-I (Office Institutional) 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 elementary and middle schools show impact. This area is currently zoned for Cambridge High, Hopewell Middle, and Cogburn Woods Elementary. Cambridge High School’s enrollment is below the building’s capacity by 367 students. Hopewell Middle’s enrollment exceeds the building’s capacity by 155 students. Cogburn Woods Elementary’s enrollment exceeds the building’s capacity by 66 students. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: The two south parcels: Transitional Area as amended by Hwy 9/ GA 400 Area Master Plan. The two north parcels: Mixed Use – 2030 City of Milton Comprehensive Plan Future Development Area pending a Master Plan (Master Plan in progress). Proposed use/density: Single Family Residential at 4.53 units per acre Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 22 of 27 RZ13-19 The Milton City Council adopted the Comprehensive Plan in June, 2011. The Future Land Use Plan was amended for the two south parcels of subject site upon the adoption of the Hwy 9/GA 400 Area Master Plan in April, 2012. Per the Hwy 9/GA 400 Area Master Plan amendment, the two south parcels of subject site are Transitional for primarily small lot single family residential and limited neighborhood serving retail and office. These parcels were subsequently designated T5 Form-Based Code Overlay District to reflect the vision of the master plan. The two north parcels of subject site are currently being considered in the North Hwy 9 Visioning Study which is not yet adopted. Currently, the Future Land Use Plan Map shows the two north parcels of subject site as Mixed Use and within the Future Development Area pending a Master Plan. Based on the recent designation of the two south parcels of subject site to Form-Based Code T5 Overlay District which does not allow for single family residential development, and the pending master plan for the two north parcels, the request to rezone to TR (Townhome Residential) is not consistent with the future vision for subject site. 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? Although the proposed development is consistent with nearby zonings and developments further to the north, the vision for the future of Hwy 9 is not to replicate what already exists along the corridor, but to enhance it. The intent is to implement a Form-Based Code to specify the desired architectural and site design. The two south parcels have been designated T5 Form-Based Code zoning recently which does not contemplate single family residential development, and the two north parcels are currently being considered in the North Hwy 9 Visioning Study which is not yet adopted. Given these considerations it is grounds to recommend denial for the proposed TR (Townhouse Residential) zoning developed as single family residential . 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 due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 23 of 27 RZ13-19 CONCLUSION Although the proposed development is consistent with developments further to the north and appears to meet the required development requirements, it is inconsistent with the intent of the Form-Based Code Overlay District and the vision for the corridor. Therefore, Staff recommends DENIAL of RZ13-19 to rezone from O- I (Office Institutional) to TR (Townhouse Residential) to develop a 24 lot single family residential subdivision. If the Mayor and City Council recommends approval, Staff provides the following Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 24 of 27 RZ13-19 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) 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 24 total single family dwelling units at a maximum density of 4.53 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit 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/unit 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 December 3, 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 comm on 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 shall be 5,000 square feet. b) Minimum heated floor area shall be 2,000 square feet. c) Each lot shall provide a total of four (4) parking spaces. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 25 of 27 RZ13-19 d) Minimum setback from the garage door to the back of the sidewalk shall be 20 feet. e) Provide a black four-board-equestrian-styled fence along Hwy 9 interior to the landscape strip or as approved by the Director of Community Development. f) Provide landscaped open space with plantings approved by the City Arborist along Hwy 9 interior to the new right-of-way as shown on the Revised Site Plan submitted on December 3, 2013. g) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07-10) h) All single family residential building permits shall be reviewed and approved by the Community Development Department with assistance from the City Architect. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 26 of 27 RZ13-19 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Provide a 44 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the north property line as required and approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) The stormwater management facilities 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 Community Development and Public Works Departments. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b) Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 6, 2014 (First Presentation) 1/2/2014 Page 27 of 27 RZ13-19 Page is too large to OCR. ORDINANCE NO._______ PETITION NO. RZ13-19 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM O-I (OFFICE-INSTITUTIONAL) TO TR (TOWNHOUSE RESIDENTIAL) FOR A 24 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON SR 9 (CUMMING HWY) HAVING A FRONTAGE OF APPROXIMATELY 469 FEET CONTAINING 4.53 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 22, 2014 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 SR 9 (Cumming Hwy) with frontage of approximately 469 feet, consisting of a total of approximately 4.53 acres as described in the attached legal description, be rezoned to the TR (Townhouse Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 831 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the TR (Townhouse Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 13 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 22nd day of January, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) 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 24 total single family dwelling units at a maximum density of 4.53 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit 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/unit 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 December 3, 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 shall be 5,000 square feet. b) Minimum heated floor area shall be 2,000 square feet. c) Each lot shall provide a total of four (4) parking spaces. d) Minimum setback from the garage door to the back of the sidewalk shall be 20 feet. e) Provide a black four-board-equestrian-styled fence along Hwy 9 interior to the landscape strip or as approved by the Director of Community Development. f) Provide landscaped open space with plantings approved by the City Arborist along Hwy 9 interior to the new right-of-way as shown on the Revised Site Plan submitted on December 3, 2013. g) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07-10) h) All single family residential building permits shall be reviewed and approved by the Community Development Department with assistance from the City Architect. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. d) Provide a 44 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter- parcel access on the north property line as required and approved by the City of Milton Public Works Department. 5) To the owner’s agreement to abide by the following: a) The stormwater management facilities 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 Community Development and Public Works Departments. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b) Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Revised Site Plan Submitted December 3, 2013 HOME OF'THF BEST -QUA[ -;-[Y � .fir' IN MILTONIIN ESTAM]SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 31, 2013 FROM: City Manager AGENDA ITEM: Consideration of T13-03NC-08 - 330 Batesville Road by STC Two LLC (d/b/a Crown Castle USA) to Replace the Existing 150 Foot High, Stealth Designed "Light Pole" Telecommunications Tower with an 195 Foot High "Mono -Pine" Telecommunications Tower and a Two Part Concurrent Variance! 1) To Reduce the Tower Setbacks from Adjacent Property Lines from 293 Feet on all Sides to (a) 165 Foot and 181 Feet on the Northwestern Property Lines, (b) 175 Feet on the Northeastern Property Line, and (c) 49 Feet on the Eastern Property Line, all as More Particularly Shown on the Site Plan Filed Herewith. (Sec. 54-6(d)(2)). 2) To Waive the 20 Foot Landscaping Buffer Requirement as the Ground Equipment on the Site will be Shielded by a Wooded Slatted Fence and Existing Vegetation. (Sec. 54-6(e)). MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES () NO CITY ATTORNEY REVIEW REQUIRED: y YES () NO APPROVAL BY CITY ATTORNEY XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: ��(p L} Your- 'foptu:i � �! + � PHONE: 678.242.25001 FAX: 678.242.2499 fEl! Ccrtihed * * t;nlor info@cityofmiltonga.us � www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '� Page 1 of 8 PETITION NUMBER: T13-03 (Modification) / VC13-08 REQUESTED MODIFICATION: Seeks to modify the existing facility by removing the “light pole” and replace with a 195 foot “mono-pine” (tree-like structure) facility. REQUESTED CONCURRENT VARIANCE(S): 1) To reduce the tower setbacks from adjacent property lines from 293 feet on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, all as more particularly shown on the site plan filed herewith. (Sec. 54-6(d)(2)) 2) To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) PETITIONER: STC TWO LLC (d/b/a Crown Castle USA) 12725 Morris Road, Suite 400 Milton, GA 30004 OWNER: Kendall L. Bowen 300 Batesville Road Milton, GA 30004 OWNER ATTORNEY: Ellen W. Smith, Esq. - Holt Ney Zatcoff & Wasserman, LLP 100 Galleria Parkway, Suite 1800 Atlanta, GA 30339 PROPERTY INFORMATION ADDRESS 330 Batesville Road DISTRICT, LAND LOT 2/2, 736 OVERLAY DISTRICT Northwest Overlay District EXISTING ZONING AG-1 (Agricultural) ACREAGE 2.2593 ACRES – 2,500 SQ. FT (Leased Area) EXISTING USE 150 foot tall stealth-designed “light pole” telecommunications facility and single family residence FUTURE LAND USE DESIGNATION AEE (Agricultural, Equestrian, Estate Residential) Page 2 of 8 STAFF ANALYSIS: Background: The subject site is generally rectangular in shape with frontage on the northeast side of Batesville Road zoned AG-1 (Agricultural) developed with a single family residence located in the far rear of the property. The existing telecommunications facility is located near the rear of the property, within a 2,500 square foot portion of the property and was requested pursuant to 2001U-008. The request was denied by the Fulton County Board of Commissioners. The decision was appealed and overturned to allow the existing 150 foot “light pole” facility. The tower is considered a “pre-existing tower” under Chapter 54 of the Code of Ordinances of the City of Milton. The existing facility currently supports three wireless carriers: Sprint, Verizon, and T-Mobile. Crown Castle owns and manages the facility, pursuant to a ground lease agreement with the owner of the property, Kendall Bowen. The applicant has been seeking collocation or other opportunities to locate antenna facilities in this general area of the City. The existing facility does not meet the applicant’s needs for several reasons: 1) It is not structurally sound to allow any further collocation opportunities, 2) even if it were structurally sound, it is not tall enough to meet their needs, 3) the stealth design of the existing facility is not the most technologically feasible to meet any of the existing carriers’ needs, and 4) there is no sufficient room within the existing equipment compound to locate the applicant’s ground equipment. Earlier this year, the applicant and American Tower Corporation (ATC) filed an application with the City for a new 140 foot wireless support structure at 14295 Birmingham Hwy also known as “Stars Soccer” (T13-01). After meetings with the City to discuss the possibility of a modification (including a “drop and swap” of the existing facility and a revision to the Wireless Ordinance (Chapter 54), the applicant and ATC withdrew the said application to allow AT&T to pursue the modification which is the subject of this application. Modification Request: The applicant requests to modify the existing facility by removing the “light pole” and replace it with a 195 foot “mono-pine” (tree-like structure) facility which does not trigger any new Federal Aviation Administration (FAA) lighting requirements. The leased area will be increased by 2,500 square feet to a total of 5,000 square feet. The existing “northeastern” fence will be demolished and a new fence will be installed on the southeastern end of the leased area. According to the applicant, this was done to better locate the new facility. The applicant has stated that this requested modification will negate the need for a new wireless communications tower within the City in this general vicinity, including the aforementioned site at 14295 Birmingham Hwy also known as “Stars Soccer”. The replacement facility will be able to support the existing three carriers, but it will also support AT&T and at least one other carrier should there be a need. The radio-frequency analysis is attached for your review. Concurrent Variance Request: Staff notes that the proposed modification would be acceptable for expedited review and immediate building permit with the exception that the facility is a pre-existing tower and does not meet the all of the requirements of a wireless communications tower. Therefore, the applicant has requested a two part concurrent variance below: 1) To reduce the tower setbacks from adjacent property lines from 293 feet on all sides to (a) 165 foot and 181 Page 3 of 8 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, all as more particularly shown on the site plan filed herewith. (Sec. 54-6(d)(2)) 2) To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) Staff notes that although this is a concurrent variance request per Chapter 54, Telecommunications, it is not required to show “hardship” but only to meet the procedural requirements of the Georgia Zoning Procedures Law which addresses advertising and public hearing requirements for the application. The Telecommunications ordinance allows the applicant to request a modification that will allow a separate wireless carrier to collocate on the facility and that the collocation would negate the need for a new facility in this area. Nevertheless, the applicant’s letter of intent states the following in accordance with the Application form requirements as follows: 1) Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of the application serves a number of stated purposes of the Ordinance including, among others, minimizing the total number of towers and antennas within the city, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently. See Wireless Ordinance Sec. 54-1(1), (8), and (9). 2) There are extraordinary and exceptional conditions pertaining to the Property, the Site and the Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing location and design of the Facility that do not result from Crown Castle’s or AT&T’s own actions. Most importantly, the structural integrity and limited height of the existing facility prohibit AT&T’s collocation. 3) Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the existing facility has operated, with the existing setbacks and landscaping for a number of years. The modification to allow the modified facility, including the increased height and ground equipment space, will have no detrimental impact on any surrounding property owner; instead, it will allow AT&T to serve its customers working, traveling and going to school in this surrounding area. Frankly, it likely will improve coverage for other carriers already using the existing facility as well. 4) By approving this application, public safety, health and welfare are secured, and substantial justice will be done. Page 4 of 8 Recommended Conditions: Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1 The maximum height of the facility shall be 195 feet. Said facility shall be “mono-pine” in appearance. 2 The total leased area shall be 5,000 square feet as shown on the site plan submitted to the Community Development Department on November 19, 2013. 3 To provide tower setbacks from adjacent property lines on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, as shown on the site plan submitted to the Community Development Department on November 19, 2013. (Sec. 54-6(d)(2)) (VC13-08 – Part 1) 4 To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) (VC13-08 – Part 2) Page 5 of 8 SITE MAP Page 6 of 8 CURRENT ZONING MAP Page 7 of 8 EXISTING FACILITY Page 8 of 8 SITE PLAN SUBMITTED ON NOVEMBER 19, 2013 Mla '09 CdD�f 3iliftS �9 T rAi! k to 0 r A BA�TE5V i LLE NrnX r rn� n .> �tnlu G ulln3 55UEl7 FOR PRSkrskNnRr n v p�st� M lEsm L] t NZ� 1 o > -S7 N w O Mla '09 CdD�f 3iliftS �9 T rAi! k T 17*4? -0 0 3 / Veo 13-08 j a7-t� r A BA�TE5V i LLE NrnX r rn� n .> �tnlu G ulln3 55UEl7 FOR PRSkrskNnRr n v p�st� M lEsm L] T 17*4? -0 0 3 / Veo 13-08 j a�g a � T a > U CP A BA�TE5V i LLE NrnX r z a Z a ' Z ' ' • • N Q)' .> m q G ulln3 55UEl7 FOR PRSkrskNnRr n v � D M T 17*4? -0 0 3 / Veo 13-08 j r �n N a � T a > U CP A BA�TE5V i LLE NrnX A.5 n ��LD z a Z a ' Z ' ' • • N A IDR4A3 35R&D FOR PREL.irslWAY REVIEW .> m q G ulln3 55UEl7 FOR PRSkrskNnRr n v � D M t NZ� 1 RECEIVED NOV 19 2013 COMMUNITY CITY o N ❑ VEL INICNT T 17*4? -0 0 3 / Veo 13-08 j O a � T a > U CP A BA�TE5V i LLE NUM DAM kk7naN: at&tB �� z a Z a ' Z ' ' • • N A IDR4A3 35R&D FOR PREL.irslWAY REVIEW OVERALL SITE PLAN 101150 1 155 Tp FOR PRELIMINARY REVILM G ulln3 55UEl7 FOR PRSkrskNnRr n v 0 II1i2A3 115aEP FOR ZONING 5U8Ml7TAL HOLT NEY ZATCOFF & WASSERMAN, LLP ATTORNEYS AT LAW 100 GALLERIA PARKWAY, SUITE 1800 ATLANTA, GEORGIA 30339-5960 TELEPHONE 770-956-9600 FACSIMILE 770-956-1490 Ellen W. Smith e-mail esmith@hnzw.com November 19, 2013 BY HAND DELIVERY City of Milton 13000 Deerfield Parkway, Suite 107C Milton, Georgia 30004 PC -*r% !1%1C0 NOV 1 9 2013 COMMUNITY DEVELOpPMENT Re: City of Milton Collocation/Modification/Concurrent Variance of Wireless Telecommunication Facilities Application for Expedited Review by STC TWO LLC, also known as Crown Castle USA ("Crown Castle" or "Applicant"), regarding the modification of an existing WTF located at 300 Batesville Road, Milton, Georgia 30004 (the "Property") LETTER OF APPEAL Ladies and Gentlemen: This firm has the pleasure of representing Crown Castle with respect to the referenced Application. Applicant respectfully submits for your consideration the Application, the approval of which will allow the modification of an existing 150 -foot tall telecommunications facility (the "Existing Facility") to allow New Cingular Wireless PCS, LLC (also known as AT&T Mobility ["A T& T']) to collocate upon a replacement for the Existing Facility. Property and Existinle Facility Background The Property is an approximately 2.2593 -acre generally rectangular shaped tract with frontage on Batesville Road, zoned AGA. It is improved with a single family residence and the Existing Facility. The Existing Facility was permitted more than a decade ago prior to the incorporation of the City of Milton (accordingly, it is considered a "pre-existing tower" under Chapter 54 of the Code of Ordinances of the City of Milton [such chapter being the "Wireless Ordinance"]). The Existing Facility is a stealth -designed "light pole" tower that is located near the rear of the Property, within an existing approximately 2,500 square foot portion of the Property (the "Existing Site").' The Existing Facility currently supports three wireless carriers: Sprint at 145 feet, Verizon at 137 feet and 129 feet, and T -Mobile at 121 feet. Crown Castle owns and manages the Facility, pursuant to a ground lease agreement with the owner of the Property, Kendall Bowen. 1 The address for the Existing Site is 330 Batesville Road. Crown Letter of Intent City of Milton _ Application for Expedited Review - Batesville GA 4041 BUN874.DOC/2031-6 HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 2 of 5 366877_1/2031-6 For several years, AT&T has been seeking collocation or other opportunities to locate wireless antenna facilities in this general area of the City. Unfortunately, the Existing Facility does not meet AT&T’s needs for several reasons: (i) it is not structurally sound to allow any further collocation opportunities, (ii) even if it were structurally sound, it is not tall enough to meet AT&T’s needs, (iii) the stealth design of the Existing Facility is not the most technologically feasible to meet any of the existing carriers’ needs, and (iv) there is not sufficient room within the existing equipment compound to locate AT&T’s ground equipment. Earlier this year, AT&T and American Tower Corporation (“ATC”) filed an application with the City for a new 140-foot wireless support structure at 14295 Birmingham Highway (Application No. T13-001; the “Stars Soccer Application”). After meetings with the City to discuss the possibility of a modification (including a “drop and swap”) of the Existing Facility and a revision to the Wireless Ordinance, AT&T and ATC withdrew the Stars Soccer Application to allow AT&T to pursue the modification which is the subject of this Application. Proposed Modification and Application Requirements The Wireless Ordinance was amended to allow for modifications of existing wireless communications facilities in certain limited circumstances. “Modifications” under the Wireless Ordinance expressly include: the removal and replacement of a pre-existing tower with a tower at the same location that may be up to 30% taller so long as any such structure height increase does not trigger FAA lighting requirements. Crown Castle is seeking to remove the Existing Facility and replace it with a new 195-foot “monopine” (tree-like support structure) (the “Modified Facility”). This proposed height increase does not trigger any new FAA lighting requirements. The Modified Facility will obviate the need for a new wireless communications tower within the City in this general vicinity (including at Stars Soccer), as more particularly shown by the attached radio-frequency analysis. The Modified Facility support not only the existing three carriers (Sprint, Verizon and T- Mobile), but it will also support AT&T and at least one other carrier should there be a need. This proposed modification would be acceptable for Expedited Review and immediate Building Permit but for the fact that the Facility is a pre-existing tower and does not meet the requirements set forth in Wireless Ordinance Sections 54-6(d) and 54-6(e). Specifically, Crown Castle seeks to reduce the required tower setbacks outlined in Section 54-6(d)(2) from 293 feet (proposed new tower height + 50%) to (a) 164’ and 180’ on the northwestern property lines, (b) 175’ on the northeastern property line, and (c) 48’ on the eastern property line, all as more particularly shown on the site plan filed herewith. Importantly, these are existing setbacks and that the Modified Facility will be approximately twenty-two feet (22’) closer to Batesville Road than the Existing Facility, but the Modified Facility will exceed the setback from the right-of- HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 3 of 5 366877_1/2031-6 way even at this slightly new location on the Property. Also, Crown Castle seeks a waiver of the landscape strip and buffer requirements of Section 54-6(e). Specifically, the Site and the ground equipment located thereon will be shielded from view from a six-foot (6’) tall wooden slat fence, existing vegetation and new plantings along the southwestern property line adjacent to the existing graveled access road. The Facility meets all other requirements of the Wireless Ordinance. Section 54-7(a)(2) of the Wireless Ordinance provides that concurrent variance requests are appropriate with Crown Castle’s Application, and that these variance requests will be considered by the Mayor and City Council concurrently with the modification request, without regard to any provision of Chapter 64 of the Code of Ordinances of the City of Milton, and only with regard to procedural (advertising) requirements of the Georgia Zoning Procedures Law. Based on this Section of the Wireless Ordinance, Crown Castle is not required to show “hardship” in connection with its concurrent variance requests; instead, so long as Crown Castle has shown that modification will allow a separate wireless carrier to collocate on the Facility and that such collocation would obviate the need for a new wireless telecommunications facility in Milton, then Crown Castle has met its burden with respect to the variance requests. Nevertheless, in accordance with the City Application form requirements, Crown Castle confirms as follows: (1)Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of this Application serve a number of stated purposes of the Wireless Ordinance including, among others, minimizing the total number of towers and antennas within the City, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently.See Wireless Ordinance § 54-1(1), (8), and (9). (2)There are extraordinary and exceptional conditions pertaining to the Property, the Site and the Existing Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing location and design of the Existing Facility that do not result from Crown Castle’s or AT&T’s own actions. Most importantly, the structural integrity and limited height of the Existing Facility prohibit AT&T’s collocation. (3)Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the Existing Facility has operated, with the existing setbacks and landscaping for a number of years. The modification to allow the Modified Facility, including the increased height and ground equipment space, will have no detrimental impact on any surrounding property owner; instead, it HOLT NEY ZATCOFF & WASSERMAN, LLP City of Milton November 19, 2013 Page 4 of 5 366877_1/2031-6 will allow AT&T to serve its customers working, traveling and going to school in this surrounding area. Frankly, it likely will improve coverage for the other carriers already using the Existing Facility as well. (4)By approving this Application, public safety, health and welfare are secured, and substantial justice will be done. Application Requirements In support of the Application, Crown Castle submits the following items (including the requisite copies) in addition to this Letter of Appeal: (1)Application for Expedited Review Form; (2)Pre-Application Review Form; (3)Elevation Drawings; (4)P.E. Certification; (5)Landscape / Site Plan; (6)P.E. Certification of Structural Capability; (7)$350.00 in fees; and (8)CD containing a PDF of the entire Application and materials. The Application and the accompanying documents support Crown Castle’s request for the Facility permit and comply with all City of Milton zoning requirements.2 Crown Castle 2 Applicant notifies the City of Milton (the “City”) of its constitutional concerns. If the City Council denies the Application in whole or in part, then the Property does not have a reasonable economic use under the Wireless Ordinance. The Application meets the test set out by the Georgia Supreme Court to be used in establishing the constitutional balance between private property rights and zoning and planning as an expression of the government’s police power. See Guhl vs. Holcomb Bridge Road, 238 Ga. 322 (1977). If the City Council denies the Application in whole or in part, such an action will deprive Applicant and Owner of the ability to use the Property in accordance with its highest and best use. Similarly, if the City Council limits its approval of the WTF permit by attaching conditions thereto affecting any portion of the Property or the use thereof, either of such actions being taken without Applicant’s consent, then such action would deprive Applicant and Owner of any reasonable use and development of the Property. Any such action is unconstitutional and will result in a taking of property rights in violation of the just compensation clause of the Constitution of the State of Georgia (see Ga. Const. 1983, Art. I, § 3, para. 1(a)), and the just compensation clause of the Fifth Amendment to the United States Constitution (see U.S. Const. Amend. 5). To the extent that the Wireless Ordinance allows such an action by the City Council, the Wireless Ordinance is unconstitutional. Any such denial or conditional approval would discriminate between Applicant and Owner and owners of similarly situated property in an arbitrary, capricious, unreasonable and unconstitutional manner in violation of Article I, Section I, Paragraph 2 of the Georgia Constitution and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Finally, a denial or a conditional approval of the Application (with conditions not expressly approved by Applicant) would constitute a gross abuse of discretion and an unconstitutional violation Applicant’s rights to substantive and procedural due process as guaranteed by the Georgia Constitution (see Ga. Const. 1983, Art. I, § 1, para. 1) and the Fifth and Fourteenth Amendments of the United States Constitution (see U.S. Const. Amend. 5 and 14). Applicant further challenges the constitutionality and enforceability of the Wireless Ordinance for (i) failure to be properly advertised and adopted under the requirements 366716 New Cingular Wireless Site ID GA 4149 Crown Castle Site Name: BU 874819 / Batesville Road 330 Batesville Road, Milton, Georgia 30004 Demonstration of Collocation Opportunity and Avoidance of New Wireless Telecommunications Tower 1. My name is Lanre Ogun, I am over twenty-one (21) years of age and am competent to testify to the matters stated herein. The statements herein are based upon my personal knowledge. 2. I am a Radio Frequency Engineer with AT&T Mobility which operates as New Cingular Wireless in the metro-Atlanta area (“AT&T”). My responsibilities include designing AT&T’s wireless communications network as well as being the Lead Engineer for the entire Market as well as a Design Engineer for the On-Air and Future Builds we have in the entire state. I have been working in the field of radio frequency (“RF”) planning, performance and optimization of wireless networks for the past 6+ years in other markets outside of the GA Market. 3. I have first-hand knowledge concerning the AT&T network throughout the City of Milton, Georgia. The new site at 330 Batesville Road is required to provide coverage for the areas around the site including SR-372, Roswell-Birmingham Highway, between existing AT&T sites GA4032 (12604 Crabapple Road) and GA6126 (975 Birmingham Highway), and to improve both wireless coverage and capacity in surrounding residential areas where AT&T currently has no or poor coverage and capacity due to lack of facilities. The Main objective oof this ring is to improve the existing Weak/Low coverage West of Alpharetta, GA Near Hwy 372/ Batesville Road, High LSE% as well as the ongoing Customer complaints on in-building Coverage. 4. Specifically, I have prepared and attached hereto as Exhibit A a propagation map reflecting the gaps and areas of insufficient coverage in AT&T’s existing network. As shown on Exhibit A, AT&T has weak coverage in the areas immediately surrounding the site. 5. The location for new wireless facilities is selected based upon a comprehensive analysis of a target geographical area within which the proposed facility should be located in order to meet defined coverage objectives required by AT&T’s network. In analyzing the target geographical with respect to these particular needs, AT&T assessed the following factors: -Aesthetic impact -Compatibility with existing land use & other zoning requirements -Site constructability -Suitability to meet RF propagation objectives -Willingness of landowner to lease land 6. Additionally, when reviewing a target area for the location of new wireless facilities, AT&T first looks to determine whether there are existing towers and structures on which it may collocate its facilities. In 2010, AT&T attempted to collocate upon the existing 150’ stealth designed wireless structure on the site, but was advised by the tower owner, STC TWO LLC (doing business as Crown Castle) (the “Crown Castle Tower”), that the existing structure would not support any additional AT&T Mobility 660 Hembree Parkway Roswell, Georgia 30076 366716 collocations. AT&T reconfirmed that collocation opportunities on the existing tower would not support its antennas. 7. As a result, AT&T attempted to secure another location for a tower facility and, through its vendor American Tower Corporation (“ATC”), secured a lease for property located at 14295 Birmingham Highway (the “Stars Soccer Site”). In early February 2013, AT&T and ATC filed an Application for New Wireless Telecommunication Facilities for a new 140’ tall tower at the Stars Soccer Site. A true and correct copy of the Radio Frequency Propagation and Capacity Study submitted in connection with that Application is attached for reference as Exhibit B. 8. After meetings with the Community and the City of Milton where these parties voiced support for a “drop and swap” (including a height extension and new stealth design), AT&T and ATC withdrew the Stars Soccer Site application and began to pursue this Application. 9. The Crown Castle Tower already has 4 sets of internal antennas, split among T-Mobile, Sprint and Verizon. The Crown Castle Tower is neither structurally capable of sustaining any further collocators, nor is there any available height that would meet AT&T’s radio frequency needs. 10. AT&T has confirmed that if the Crown Castle Tower height was extended to 195’, AT&T’s coverage objectives could be met. Specifically, I have also prepared and attach as Exhibit C a propogation map depicting the coverage with this proposed modification (e.g., a new tower facility at 195’) to the Crown Castle Tower. This Exhibit C clearly illustrates that the proposed modification will alleviate AT&T’s existing coverage deficiencies. 11. The proposed height increase of the Crown Castle Tower will not trigger any new or heightened FAA lighting requirements. 12. There are no other structures within the target geographic area on which AT&T could collocate its antennas. AT&T’s modification of the Crown Castle Tower would obviate the need for a new wireless telecommunications tower in the City of Milton. 13. All of the propagation maps that are attached to this Affidavit were generated with a computer modeling program called Atoll. It takes into account number of variables including terrain, type of clutter (e.g. physical characteristics of an area that can impact and cause significant propagation losses in signal strength such as houses, structures, vegetation, trees and terrain), antenna height, available radio frequency and wireless equipment characteristics, before creating propagation prediction. The various parameters of the RF prediction model include terrain and clutter and are modified to more accurately reflect the actual terrain and topography of the specific location on the radio coverage predictions. In addition to the factors that are not shown on the plot, I reviewed the ability of a wireless cell site facility (WCF) at the location to handle the required call capacity or volume of calls and to provide the extent of data and other services required by AT&T customers. Coverage levels are set to ensure that greater than 95% of the locations in the coverage objective can expect signal strength sufficient to meet the design requirements. In other words, the design for this WCF is to ensure that 95% of the structures in the coverage objective area will receive AT&T service indoors. 366716 13. AT&T uses FCC approved frequencies as follows B band (RX 835-845; TX 880-890), B band (RX 846.50- 849.0 TX 891.50-894), B (RX 704-710; TX 734-740), A3, A4 (RX 1850-1860; TX 1930-1940), C (RX 710-716; TX 740-746), F (RX 1890-1895; TX 1970 – 1975) and C5 (RX 1905-1910; TX 1985-1990). 14. I am submitting this Analysis in support of Crown Castle’s Application for Expedited Review to be submitted to the City of Milton, Georgia. LANRE OGUN 366716 Exhibit A Current Coverage %111111111100 �t�t ATU 5405 Mobility 5405 Windward Pkwy Alpharetta, GA 30004 AT&T GA4149 Bates II 14295 Birmingham Highway, Alpharetta, GA 30004 Propagation and Capacity Study / City of Milton STATE OF GEORGIA COUNTY OF FULTON Personally appeared before me on this 6`h day of December, 2012, the undersigned officer, duly authorized to administer oaths, Mark Cabadin, who declares the following to be true and accurate: 1. My name is Mark Cabadin. I am over twenty-one (21) years of age and am competent to testify to the matters stated herein. The statements in this Affidavit are based upon my personal knowledge. 2. I am a Radio Frequency Engineer with AT&T Mobility ("AT&T"). My responsibilities include designing AT&T's wireless communications network. In 2001, I completed my BS in Electronics and Communications Engineering from Polytechnic University of the Philippines.. I have been working in the field of radio frequency ("RF") planning, performance and optimization of wireless networks for the past 11 years. 3. I have first-hand knowledge concerning the ability of the proposed facility located at 14295 Birmingham Highway, Alpharetta, Georgia, Fulton County (the "Site") to provide wireless coverage for AT&T in the surrounding area. 4. AT&T partners with American Tower Corporation ("ATC") to locate, construct, operate and maintain a wireless facility that supports AT&T's network. 5. The facility proposed by AT&T at the Site is essential to providing wireless services to the public along SR -372, Roswell -Birmingham Highway, between existing AT&T sites GA4032 (12604 Crabapple Rd) and GA6126 (975 Birmingham Hwy), and to improve coverage in surrounding residential areas where AT&T currently has no or poor coverage due to lack of facilities. 6. Specifically, I have prepared and attached hereto (as Exhibit "A") a propagation map reflecting the gaps and areas of insufficient coverage in AT&T's existing network. The Site is designated on Exhibit A as "GAATU4149" near the middle of the map. The desired coverage level for the area is -75dBm or stronger which is depicted as Red. At this level, it is expected the in -building penetration will be strong with consideration to any attenuation caused by the building structure. Yellow (-85dBd) coverage levels are also shown indicating less substantial coverage, with Green and Cyan areas shown for signal strength weaker than that. As shown on Exhibit A, AT&T has weak coverage in the vicinity of the Site and generally is not meeting customer demand in that area. 7. I have also prepared and attach as Exhibit `B" a propagation map depicting the coverage to be provided by the proposed facility at the proposed height of 140'. The desired coverage level for the area is -75dBm or stronger which is depicted as Red. Yellow (-85dBd) coverage levels are also shown indicating less substantial coverage with Green and Cyan areas shown for signal strength weaker than that. This Exhibit `B" clearly illustrates that the proposed facility will alleviate existing coverage deficiencies, allowing AT&T to meet market demand for basic coverage. Market demand is to have -75dBm at the subscriber locations which is the basic coverage indoor. 8. I have attached Exhibit "C", a propagation map depicting the coverage that would be provided if the facility were constructed at height of only 100'. This Exhibit "C" illustrates that the proposed facility would provide less than adequate coverage at a height lower than the proposed 140'. At 140', the facility is designed to accommodate four (4) wireless carriers at elevations less than the height of the tower. Based on the information available to me it is my opinion that the proposed height of 140' is the minimum height necessary to meet AT&T's coverage requirements, while also allowing for the accommodation of additional future wireless carriers as required by the City of Milton's wireless telecommunications facilities ordinance. 9. All of the propagation maps that are attached to this Affidavit were generated with a computer modeling program called Atoll. It takes into account number of variables including terrain, type of clutter (e.g. physical characteristics of an area that can impact and cause significant propagation losses in signal strength such as houses, structures, vegetation, trees and terrain), antenna height, available radio frequency and wireless equipment characteristics, before creating propagation prediction. The various parameters of the RF prediction model include terrain and clutter and are modified to more accurately reflect the actual terrain and topography of the specific location on the radio coverage predictions. In addition to the factors that are not shown on the plot, I reviewed the ability of a wireless cell site facility (WCF) at the location to handle the required call capacity or volume of calls and to provide the extent of data and other services required by AT&T customers. Coverage levels are set to ensure that greater than 95% of the locations in the coverage objective can expect signal strength sufficient to meet the design requirements. In other words, the design for this WCF is to ensure that 95% of the residential structures in the coverage objective area will receive AT&T service indoors. As shown by Exhibit C, lower antenna heights were considered, but did not adequately meet the coverage objectives. Further analysis revealed that the best choice for the location of the WCF is the Site, which meets RF propagation objectives, and provides a location compatible with surrounding land uses. 10. AT&T uses FCC approved frequencies as follows B band (RX 835-845; TX 880-890), B' band (RX 846.50- 849.0 TX 891.50-894), B (RX 704-710; TX 734-740), A3, A4 (RX 1850- 1860; TX 1930-1940), C (RX 710-716; TX 740-746), F (RX 1890-1895; TX 1970 —1975) and C5 (RX 1905-1910; TX 1985-1990). 11. The proposed location for the tower was selected based upon a comprehensive analysis of a target geographical area which the proposed facility should be located in order to meet defined coverage objectives required by AT&T's network. In analyzing the geographical area to select the proposed Site, AT&T and ATC assessed the following factors: - Aesthetic impact - Compatibility with existing land use & other zoning requirements - Site constructability - Suitability to meet RF propagation objectives - Willingness of landowner to lease land 12. Generally, AT&T first looks to determine whether there are existing structures on which it may collocate its facilities. We were unable to find any towers or other structures on which to locate, such as water tanks or existing buildings which would meet the engineering and coverage requirements. Further the use of alternative technologies such as microcells would be incompatible and /or insufficient for service and/or integration with AT&T's existing network. 13. Included in its search for existing structures upon which AT&T may collocate its facilities are existing towers. Towers in the general vicinity of the area in which AT&T needs coverage are shown on Exhibit "D". The nearest tower is owned by Crown Castle, and located at 330 Batesville Rd, Alpharetta, GA which is approximately 3500 feet from the proposed tower location at the Site. AT&T attempted to collocate on this tower in 2010, by virtue of a height extension, but based on the structural analysis conducted by Crown, tower is failing which means it cannot hold the proposed load that AT&T requires. Since then, AT&T has continually sought collocation on this tower, but as recently as October 2012, has confirmed that there is no available space for collocation on the Crown Castle tower. 14. Exhibit "E" shows that sites where AT&T has antenna mounted and in service within the City of Milton. Please refer to AT&T tower inventory list which is included in the submittal package for detailed information. 15. The location of the proposed tower is also dictated by non -radio frequency factors including the willingness of landowners to lease space for a wireless facility, compatibility with surrounding land use, and factors such as zoning classification and setbacks. See attached Exhibit "F" zoning map identifying properties within the general geographic area in which AT&T needs a facility. A review of these properties reveals that this is the only property suitable to meet setbacks and otherwise comply with Milton's ordinance. 16. The analysis revealed that the best choice for the location of the facility is the proposed site, which meets RF propagation objectives, and provides a location compatible with surrounding land use. 17. Wireless systems are expanded or introduced in a given area to improve service to customers. There are typically three reasons to add a new facility: extending coverage to new areas, increasing the capacity of the system within the current service area, or improving quality. Some sites do all three. Coverage: Coverage can be defined as having a certain level of signal strength in a particular area. AT&T's target is to provide —75dBm of signal strength to our customers in all areas. This level of coverage guarantees reliable signal strength inside buildings to provide excellent voice quality in residential neighborhoods and commercial areas. In today's competitive marketplace, AT&T requires adequate coverage to be competitive and to fulfill our responsibilities under our FCC license. Existing and proposed coverage is demonstrated by use of propagation maps and drive test data. The propagation maps are computer simulations of wireless signal coverage in a given area. One map shows the predicted coverage as it exists without the proposed facility. The other map shows predicted coverage with the proposed facility in place. Propagation maps showing RF coverage in the subject service area with and without the proposed antennas are included in the application documents. Capacity: Capacity is the number of calls that can be handled by a particular antenna site. When we make phone calls, our mobile phones communicate with a nearby antenna site that then connects to land based phone lines. Ongoing phone calls occupy the resources of the serving site, which can handle only a limited number of calls. When a particular antenna site is handling a sufficient number of calls the available radio frequency (RF) channels assigned to that site are used up. When this occurs, the wireless phone user will be unable to place a call from his or her phone. For AT&T's specific technology, typical sites with 3 antennas can handle approximately 150 calls at any given time. The maximum capacity of each antenna is equivalent to approximately 50 people calling continuously over an hour. The engineering term for this measurement of capacity is 50 Erlangs. The call traffic of antenna sites is continuously monitored and analyzed so that overloading of sites is prevented. Careful projection allows sufficient lead time to design, permit, and construct the wireless facility prior to exceeding the capacity of surrounding sites. Capacity cell sites are typically required in areas that currently have sufficient coverage. The objective for a capacity site is to handle increased call volume rather than increase the size of a coverage area. Interference: In areas with good coverage, phone calls may still have poor quality that the caller hears as warbled voices or temporary loss of communication. This is often caused by interference. Wireless telephone systems reuse specific radio frequencies at different cell antenna locations. When frequencies are reused at nearby sites, interference may result. Engineers work to achieve the most efficient use of limited frequency resources and reduce interference. Unfortunately, there are still areas where interference is nearly unavoidable. This typically occurs in areas where one antenna site is having trouble handing off calls to another. On a freeway or busy roadway (like Georgia 400), for example, the network juggles a call between competing antenna sites seeking to find the best one. When this occurs, the solution is often to locate a new antenna site as close to the location where the bad handoff is occurring. Interference is documented by measuring received call quality (RxQual) during a drive test similar to that performed to measure coverage. RxQual is a measurement of digital data (voice signal) lost as the result of poor. communication between adjacent cell sites. Drive test maps demonstrate the RxQual without the proposed cell site, see Exhibit "H". Green (0 to -10) means excellent with best call quality. Cyan (42 to — 10) which is acceptable, calls can be made at a better call quality. Yellow (45 to -12) is marginal whereas calls can be made at a marginal level with a possible call dragged. Red (-20 to -15) means no coverage. 18. I am submitting this Affidavit in support of American Tower's Application for a Telecommunications Facility Permit to be submitted to the City of Milton, Georgia. FURTHER AFFIANT SAITH NOT. Sworn to and subscribed before me this day of December, 2012. Mark Ca din Notary P 5•• M�ss10 F�•� ••...+: Q '. 00 C7 i".y• AEA14.`L0�p�. 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R • �: -�,- cii►'4' FI+k �1DIT�IG dw} f h Rd r A�'p i r ♦♦ oc - ' _ $ ih No Text No Text 366716 Exhibit C Coverage at 190’ on new Crown Castle Tower REr,-""cn 0 1 g 2w3 GI -.`t ur'o1,,iOpM>irNT ,COtNtMDIy1 DEyEI.O Attn: City of Milton, GA Reference: STC TWO LLC (d/b/a Crown Castle USA) Site ID: 874819 (Batesville) / AT&T GA 4149 Site Address: 300 Batesville Road (Site Address 330 Batesville Road) Subject: City of Milton, GA Ordinance, Chapter 54 Telecommunications, Sec. 54-6 General Requirements, items 54-6(c)(6). To Whom It May Concern: In accordance with Ordinance Section 54-6(c)(6), the undersigned certifies that the modification of the wireless telecommunications facility is designed and will be constructed to meet all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices q,[ the National Association of Tower Erectors. Print Name: fACe�k ev nAJVL S- AA" - , 4> C Fitle: GC- U [Affix GA F X. V Jr Na. 23000 PROFESSIONAL V E I'1 G I M E E R S ECTOR Project Number: R1223-233-131 November 4, 2013 Larson Camouflage, LLC 1501 S. Euclid Ave. Tucson, AZ 85713 ATTENTION: Layla Anderson RECFwFO St Ov l 9 203 UTAH OFFICES Sandy Layton George N � - "„ ► E 00 tA01 COMM�N��Y oEv REFERENCE: Quote #3645 (Monopine at 330 Batesville Rd, Alpharetta, GA 30004) Design Criteria Dear Ms. Anderson: Per your request, we have provided a preliminary design for the above -referenced site (attached). The final design will be based on the following standards and design criteria: • 2006 International Building Code • TIA-222-G • Wind Parameters: 0 90 mph (3 -sec gust) o Exposure C o Structure class II o Topographic category 1 0 3/4" design ice thickness with concurrent 30 mph wind speed (3 -sec gust) 0 60 mph service wind speed (used to check service -level deflection limits) • 5 carriers at the elevations listed on the attached preliminary design summary In the unlikely event that rupture does occur, it is understood that a 50'-0" fall radius has been requested for this site. The top 50'-0" section will be designed such that the maximum combined stress ratio is more than 20% greater than the maximum stress ratio in all other sections along with the base plate, and anchorage. Thus, the pole will be designed for a 50'-0" fall zone radius. We hope this meets your needs. If you have any further questions regarding this matter, please call this office at your convenience. Very truly yours, VECTOR STRUCTURAL ENGINEERING, LLC Roger T. Alworth, S.E. Principal RTA/kaw Enclosure 9138 S State St. Suite 101 1 Sandy, UT 840701 T (801) 990-17751 F (801) 990-1776 1 www.vectorse.com BASEPLATE: 94.5'' O.D. x 30'' I.D. x 3'' THICK (ASTM A572 GR. 50) ANCHOR BOLTS: (44) 2'' DIA. ON 89'' B.C. (ASTM F1554 GR.105) PRELIMINARY DESIGN NOT FOR FABRICATION Vector Engineering 9138 S. State St. Ste 101 Sandy UT 84070 Phone: (801) 990-1775 FAX: (801) 990-1776 Job: 3645 Project: R1223-233-131 Client: Larson Camouflage Drawn by: kwilson App'd: Code: TIA-222-G Date: 11/04/13 Scale: NTS Path: N:\2013 Projects\U1223 Larson Camouflage\Prelims\R1223-233-131 3645 (GA 195' Monopine, G)\ENG\TOWER\3645.eri Dwg No. E-1 190.0 ft 140.0 ft 112.9 ft 74.9 ft 33.3 ft 1.0 ft REACTIONS - 90 mph WIND 111519 lb SHEAR 14632780 lb-ft MOMENT 130436 lb AXIAL 30 mph WIND - 0.7500 in ICE 9650 lb SHEAR 1216975 lb-ft MOMENT 171162 lb AXIAL ARE FACTORED ALL REACTIONS Section12345 Length (ft)50.0033.0045.0050.0042.34 Number of Sides1818181818 Thickness (in)0.21880.37500.50000.62500.7500 Socket Length (ft)5.927.008.4210.00 Top Dia (in)28.000040.786547.836557.810568.5605 Bot Dia (in)43.000050.686561.336572.810581.2625 GradeA572-65 Weight (lb)4167.86062.813143.621832.325435.170641.5 Top Hat with (3) 4 ft, and (1) 6 ft branches 192.5 Crown Castle 147.3 sq. ft 190 Crown Castle 147.3 sq. ft 180 (72) 4 ft branches 178.3 Crown Castle 147.3 sq. ft 170 Crown Castle 147.3 sq. ft 160 (78) 6 ft branches 153.8 Crown Castle 147.3 sq. ft 150 (78) 6 ft branches 128.4 (96) 8 ft branches 100.1 (50) 10 ft branches 76.3 (25) 12 ft branches 64.1DESIGNED APPURTENANCE LOADING TYPE TYPEELEVATION ELEVATION Top Hat with (3) 4 ft, and (1) 6 ft branches 192.5 Crown Castle 147.3 sq. ft 190 Crown Castle 147.3 sq. ft 180 (72) 4 ft branches 178.3 Crown Castle 147.3 sq. ft 170 Crown Castle 147.3 sq. ft 160 (78) 6 ft branches 153.8 Crown Castle 147.3 sq. ft 150 (78) 6 ft branches 128.4 (96) 8 ft branches 100.1 (50) 10 ft branches 76.3 (25) 12 ft branches 64.1 MATERIAL STRENGTH GRADE GRADEFy FyFu Fu A572-65 65 ksi 80 ksi TOWER DESIGN NOTES 1. Tower is located in Fulton County, Georgia. 2. Tower designed for Exposure C to the TIA-222-G Standard. 3. Tower designed for a 90 mph basic wind in accordance with the TIA-222-G Standard. 4. Tower is also designed for a 30 mph basic wind with 0.75 in ice. Ice is considered to increase in thickness with height. 5. Deflections are based upon a 60 mph wind. 6. Tower Structure Class II. 7. Topographic Category 1 with Crest Height of 0.00 ft 8. TOWER RATING: 97.7% Top Flange Dim: 35 1/4" O.D. x 28" flat to flat w/ (18) 1-1/4" Dia. A325 bolts on 31-3/4" B.C. za EXI5TING DENSE NATURAL SCREENING THIS SIDE (TYP) PROP05ED GROWN 50%50' LEASE AREA EXPANSION. SEE SURVEY FOR DETAIL5. PPOP05ED GROWN 48'x49' FENCED GRAVELED COMPOUND EXPANSION PROP05ED b' TALL WOOD SLAT FENCE (TYP) EXISTING DENSE NATURAL 5CREENING TH15 SIDE (TYP) *q'—II' PROPOSED ATdT 12'-05x24'-0 EQUIPMENT AREA WITH II' -5'x20' -O" SHELTER AND 5" DIESEL GENERATOR PORCH PROP05ED ATIT 4'x4' TELCO CABINET ATTACHED TO SHELTER WALL PROPOSED AT$T GABLE 5LACK13OX ATTACHED TO ICE BRIDGE PROPOSED ATdT ICE BRIDGE PROP05ED GROWN 145' REPLACEMENT MONOPINE TOWER (TYP) "A-TI-TERMT INILIIY FRAhf N EXISTING GROWN 20'—\ ACCESS EASEMENT (TYP) Q �OHoSED PR F12' GATE -J GRAPHIG 5GALE5 5GALE: I" = IQ' PROFOND 12' WIDE 6RA%TJ-ED A66E55 FdOAD 15YP) I 1 I` I 1 I ' lI EXISTING DENSE NATURAL SCREENING THIS 51DE (TYP) 1P4POSEO VERMM WE aRvm EXTaOH EKBY146 TS E fl -FRAME 1 L2I Ta* UrUT{ P120POSM T -MOBILE ICE BRIDGE EXTEN51G4 EXI5TIN6 GR" 6RAVEL PROPOSED PLANTED WIVENAY LAN05GAPING SCREENING INSTALLED AT APPROXIMATELY 10' ON CENTER. SPECIES TO BE COORDINATED WITH THE .11JRI5DIGTION AR5ORI5T (TYP) DETAILED 51TE PLAN 5GALE I' = 10 -(7' (TO REMAIN I i 1 1 EXISTING 1 T -MOBILE ` EQUIPMENT I PAD 1 (TO REMAIN I k I EXL9T1►�, UTtiLIR1E3 � I 5TRUGTURAL NOTE: THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MNIMUM OF 5 CARRIERS ANTENNAS AND RELATED EQUIPMENT. P* 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678-280-2325 V� glsKmu. AJD wb+v AJE3 [ADM Pyq" ne j: GGATt001 Cm2 EXI5TING b' TALL WOOD o 5LAT FENCE ` EXISTING SPRINT I � H -FRAME I E?CISTiNG GROfW 5O x50 EXISTING FENCE SECTION Ex,351M6 LEASE AREA. SEE RRVEY TO BE REMOVED (TYP) VERIZON FOR DETAIL5. I>c;fNr EXISTING LT SPRINT (TO Rt14A7Ml� I EQUIPMENT PAD (TO P.EMAIW i F�15YIN6 IIATiIRI�1 5GRW�1N6 THIS 51DE (mi PROP05ED SPRINT ICE BRIDGE EXTENSION EX15TaNS TOPER (TO ec RemovrV EX15TINO DUKENET EQUIPMENT CABINET 1P4POSEO VERMM WE aRvm EXTaOH EKBY146 TS E fl -FRAME 1 L2I Ta* UrUT{ P120POSM T -MOBILE ICE BRIDGE EXTEN51G4 EXI5TIN6 GR" 6RAVEL PROPOSED PLANTED WIVENAY LAN05GAPING SCREENING INSTALLED AT APPROXIMATELY 10' ON CENTER. SPECIES TO BE COORDINATED WITH THE .11JRI5DIGTION AR5ORI5T (TYP) DETAILED 51TE PLAN 5GALE I' = 10 -(7' (TO REMAIN I i 1 1 EXISTING 1 T -MOBILE ` EQUIPMENT I PAD 1 (TO REMAIN I k I EXL9T1►�, UTtiLIR1E3 � I 5TRUGTURAL NOTE: THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MNIMUM OF 5 CARRIERS ANTENNAS AND RELATED EQUIPMENT. P* 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678-280-2325 V� glsKmu. AJD wb+v AJE3 [ADM Pyq" ne j: GGATt001 Cm2 LOCATION MAP NAME / SIGNATURE Dc^L ` r • .`; .. siv'� { .Gey^ ..}_ � * 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" hL4a11! 11CN�'l'-�.._` -+titin �UMI• bi ! 'r ayeimdl*and ;�a . .«...t ':NwMr ACN90ti• M a'tiiae a •Linz,' '%� •�"" �^_.};-� aen O L:S! Rpsv/e�`t i s Debi, isnfrfoK - _ heof '•... _ '.3 {'•• .. • y J- ' f Wnn •oi!7ur:�e.a _ .•k 'WR'^.�,i,,`�'y�tl0rtae~. OOCt�tf `:!' '- I.n3, sJ1+ t` Mae •t.. l;, 1 1 asci ALPHARETTA, GA 30004 Gi 110-442-61351 .I 7' F.I w 9pHAfHQo • rnoro fir'•..•, rRj'q'+ �4� \ r J............ . • P • a, 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE pp VICINITY MAP NAME / SIGNATURE DATE t� -ATITUDE: 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" ELEVATION: ZONING / PERMITTING AGENT JJR150IGTION: CITY OF MILTON M E MANAGER TM 22 380001350182 C uivny i. GON5TRUGTION MANAGER PARCEL ZONING: AG -1 RF ENGINEER `` 1— 330 BATESVILLE ROAD ALPHARETTA, GA 30004 110-442-61351 CARRIER: AT&T oEs+Ea AJB 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE DRIVE DIRECTIONS FROM THE GROWN GA5TLE OFFIGE IN ALPHARETTA GA.- TAKE A:TAKE WINDWARD PKWY WE5T TO GUMMING HNY. TURN LEFT ON GUMMING HNY AND FOLLOW TO MAYFIELD ROAD. TURN RIGHT ON MAYFIELD ROAD AND FOLLOW TO PROVIDENGE ROAD. TURN RIGHT ON PROVIDENGE ROAD AND FOLLOW TO BIRMINGHAM HNY. TURN RIGHT ON BIRMINGHAM HNY AND FOLLOW TO BATE5VILLE ROAD. TURN LEFT ON BATE5VILLE ROAD AND FOLLOW OS MILES TO THE TONER AGGE55 ROAD ON THE RIGHT SIDE. DEPARTMENT NAME / SIGNATURE DATE LAND OWNER / TOWER OWNER -ATITUDE: 34° OT 44.08" 51TE ACQUISITION AGENT -840 21' OO.ga" ELEVATION: ZONING / PERMITTING AGENT JJR150IGTION: CITY OF MILTON M E MANAGER TM 22 380001350182 PARCEL 51ZE: GON5TRUGTION MANAGER PARCEL ZONING: AG -1 RF ENGINEER KENDAL L. BOWEN PREPARED FOR: CCA0yyE BU874819 / BATESVILLE ROAD PROJECT DESCRIPTION: PROPOSED 195 FT. MONOPINE TOWER DROP & SWAP REPLACEMENT OF AN EXISTING 150 FT. STEALTH UNIPOLE TOWER C t&t AT&T SITE NAME: BATES II / GA4149 AT&T FIXED ASSET NUMBER: 10131681 AT&T PROJECT: NSB PROJECT INFORMATION 51TE ADDRE55: 300 BATESVILLE ROAD MILTON, GA 30004 -ATITUDE: 34° OT 44.08" LONGITUDE: -840 21' OO.ga" ELEVATION: II08.0' AM5L JJR150IGTION: CITY OF MILTON PARGEL I.D.: TM 22 380001350182 PARCEL 51ZE: 0.12 ACRES PARCEL ZONING: AG -1 LAND OWNER: KENDAL L. BOWEN 330 BATESVILLE ROAD ALPHARETTA, GA 30004 110-442-61351 CARRIER: AT&T oEs+Ea AJB 660 HEMBREE PARKWAY CHECKED: PWM R05NELL, GA 30016 TOWER OWNER d GROWN CASTLE DEVELOPER 2000 CORPORATE DRIVE GANON55UR6, PA 15311 MARY 6UY / ROB WILLIAM5 813-342-3850 / 110-331-0156 ENGINEER: PM$A 30 MANSELL COURT, SUITE 103 ROSNELL, 6A 30016 PATRICK W MARSHALL, P.E. 618-280-2325 POWER: 5AWNEE EMG TELCO: ATdT DRAWING INDEX T -I TITLE SHEET 3 PROJECT INFORMATION SURVEY G -I OVERALL 51TE PLAN G-2 DETAILED SITE PLAN G-3 TONER ELEVATION d DETAILS G-4 WOOD SLAT FENGE DETAILS 9E CALL BEFORE YOU DIG GEORGIA ONE -CALL 811 http://www.gaupc.com/ P.9 30 MANSEIL CT SUITE 103 ROWELL, GA 30076 678-280.2325 a w ly p� D6 E2222 RQQoa ui T-1 Z O od a W —I W CC Lu 0J _ {L Z W � ~ W H cc a t✓ o oEs+Ea AJB DWI: AJB CHECKED: PWM JOB t: GGATLOOI T-1 LINE BEARING DISTANCE Ll N 37 5347" W 20.81' L2 N 3674'32" E 42.63' L3 N 542645" E 24.23' L4 N 33 08 31 " W 7.00' L5 N 33'08'31 " W 50.00' L6 N 5651'29" E 50.00' L7 N 5651'29" E 50.00' L8 S 33'08'31 " E 50.00' L9 S 565129" W 50.00' L10 N 33'08'31 " W 50.00' L11 S 330831 " E 50.00' L12 S 5651'29" W 50.00' L 13 S 33'08'31 " E 28.02' L14 S 3672 50" W 43.79' L15 N 56 51 '29" E 50.00' L16 N 56'51'29- E 50.00' TM 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A RBS = #4 REBAR SET RBF = #4 REBAR FOUND FC = METAL FENCE CORNER OTPF = OPEN TOP PIPE FOUND THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA ACCORDING TO F.I.A. FLOOD MAP 13121CO013F DATED 9-18-2013 N 5872'46" E 255.42' N SITE R� s GP c, VICINITY MAP NOT TO SCALE \.• E \9j01' EXISTING TOWER LEGEND PARENT TRACT INFORMATION LAT: 34°07'44.22" :RECORD DESCRIPTION DATA. COMPILED FROM DEED DESCRIPTIONS PROPOSED TOWER LON:84'21'00.77" P.O.B. :POINT OF BEGINNING. ANS COUNTY GIS LAT: 34'07'44.09" P.O.C. :POINT OF COMMENCEMENT. LON:84'21'00.99" GROUND ELEV. = 1011.0' TiN 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A a — X—: FENCE AS NOTED. - - - - _ _ GROUND ELEV. = 1011.0' TOP TOWER ELEV. = 1161.0 OH—'OVER HEAD UTILITY LINES // /- - - - - - - - - 150' TOWER ON 1.0' ON CONCRETE BASE :WOOD UTILITY POLE. / / — —GRA SEL - - °----___ FEEI :ELECTRIC TRANSFORMER. ❑T :TELCO PEDESTAL. WM :WATER METER. / / `\ ^^�\ _ EXISTING LEASE :CABLE TELEVISION / / / / M\ 2500 S.F. U) :POWER POLE / LEASE ADDITION ` -""`__ ���*�_-_ cA / ' �M i - V C L : CENTERLINE 2500 S.F. ` \"i p TEL : TELCO BOX / / TM 22 380007350192 ��_-----' --- _L7___ --- -' \ � rn 11 R/W :RIGHT—OF—WAY / KENDALL L. BOWEN RB- �\ L6 _R�s - L -- --� �� ___107..0 m DB 32194, PG 342 --- --- -- / / ZONED NOT LISTED - ---\ ---� I 4ft\ Do EXIS lNG 20' ACCESS & UTILITY EASEMENT, / / 0.19 Acres P Sq. Feet - /10.4 N 6146'01 " E 10 W:102 RBF - N 58 39'55" E 96.95' ,. ;\06---- _ / ALT ROAD —------------ - \- / ASP - - / - - - _ _ WAY -GRAVEL _ ------ - \_ ------ Tic, -��J6-5029" W S 6146101" ———— - — CTV / AREA TABLE SQUARE FEET ACRE 0 PARENT TRACT 99,279 2.28 © EXISTING TOWER LEASE 2,500 0.06 © TOWER COMPOUND 2,361 0.05 �D ACCESS UTILITY LEASE 8,225 0.19 0 ADDITIONAL TOWER LEASE 2,500 0.06 TOWER LEASE 5,000 0.12 RBS = #4 REBAR SET RBF = #4 REBAR FOUND FC = METAL FENCE CORNER OTPF = OPEN TOP PIPE FOUND THIS PROPERTY IS NOT LOCATED IN A FLOOD HAZARD AREA ACCORDING TO F.I.A. FLOOD MAP 13121CO013F DATED 9-18-2013 N 5872'46" E 255.42' N SITE R� s GP c, VICINITY MAP NOT TO SCALE \.• E \9j01' EXISTING TOWER LEGEND PARENT TRACT INFORMATION LAT: 34°07'44.22" :RECORD DESCRIPTION DATA. COMPILED FROM DEED DESCRIPTIONS PROPOSED TOWER LON:84'21'00.77" P.O.B. :POINT OF BEGINNING. ANS COUNTY GIS LAT: 34'07'44.09" P.O.C. :POINT OF COMMENCEMENT. LON:84'21'00.99" GROUND ELEV. = 1011.0' TiN 22 380007350192 KENDALL L. BOWEN DB 32194, PG 342 ZONED N/A a — X—: FENCE AS NOTED. - - - - _ _ GROUND ELEV. = 1011.0' TOP TOWER ELEV. = 1161.0 OH—'OVER HEAD UTILITY LINES // /- - - - - - - - - 150' TOWER ON 1.0' ON CONCRETE BASE :WOOD UTILITY POLE. / / — —GRA SEL - - °----___ FEEI :ELECTRIC TRANSFORMER. ❑T :TELCO PEDESTAL. WM :WATER METER. / / `\ ^^�\ _ EXISTING LEASE :CABLE TELEVISION / / / / M\ 2500 S.F. U) :POWER POLE / LEASE ADDITION ` -""`__ ���*�_-_ cA / ' �M i - V C L : CENTERLINE 2500 S.F. ` \"i p TEL : TELCO BOX / / TM 22 380007350192 ��_-----' --- _L7___ --- -' \ � rn 11 R/W :RIGHT—OF—WAY / KENDALL L. BOWEN RB- �\ L6 _R�s - L -- --� �� ___107..0 m DB 32194, PG 342 --- --- -- / / ZONED NOT LISTED - ---\ ---� I 4ft\ Do EXIS lNG 20' ACCESS & UTILITY EASEMENT, / / 0.19 Acres P Sq. Feet - /10.4 N 6146'01 " E 10 W:102 RBF - N 58 39'55" E 96.95' ,. ;\06---- _ / ALT ROAD —------------ - \- / ASP - - / - - - _ _ WAY -GRAVEL _ ------ - \_ ------ Tic, -��J6-5029" W S 6146101" ———— - — CTV / / 4 L1 W 103.55' " 124.47 S 5839 55 W 97.86 0 S 5874'37" W 480.18' THE FIELD DATA UPON WHICH THIS PLAT N N 2 O IS BASED HAS A CLOSURE PRECISION OF 23,990 0� JtJ 6� 5 h O U ONE FOOT IN FEET, AND ANTAM 22 380007360423 N W Ct ANGULAR ERROR OF 0-00-03 PER ANGLE POINT AND WAS ADJUSTED USING THE BATESVILLE ROAD INVESTORS (It� G J 3 J COMPASS RULE. Z m THIS PLAT HAS BEEN CALCULATED U Q O O BECLOSURE ACCURATEWITHIN ONIS E UND O E FOOTIN O p,� m O 435,009 FEET. 8P CLS POB EXISTING LEASE & ADDITIONAL LEASE TM 22 380007360274 BATESWLLE ROAD INVESTORS 40 0 40 80 GRAPHIC SCALE 1" = 40' AS -BUILT SURVEY LL 736, 2ND DISTRICT, 2ND SECTION ALPHARETTA GEORGIA FOR: CROWN CASTLE SITE: BATESVILLE BUN: 874819 ADDRESS: 330 BATESVILLE ROAD ALPHARETTA, GA. 30004 FULTON COUNTY 000 CAgwE 3530 TORINGDON WAY, SUITE 300, CHARLOTTE, NC 28277 NATIONAL SURVEY SERVICES COORDINATION BY: GEOLINE SURVEYING, INC. 13430 NW 104th Terrace, Suite A, Alachua, FL 32615 Office:(386) 418-0500 Fax:(386) 462-9986 WWW.GEOLINEINC.COM SURVEY (YORK PERFORMED BY: William R. Gore PROFESSIONAL LAND SURVEYORS, INC. 804 CENTRAL AVE AUGUSTA, GEORGIA 30904 TEL: (706) 738-8771 FAX: (706) 736-6249 DRAWN BY: WRG NECKED BY: WRG JOB #: SURVEYOR'S NOTES 1. BASIS OF BEARING GEODETIC NORTH 2. NO SUBSURFACE INVESTIGATION WAS PERFORMED TO LOCATE UNDERGROUND UTILITIES. UTILITIES SHOWN HEREON ARE LIMITED TO AND ARE PER OBSERVED EVIDENCE ONLY. 3. THIS SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY OF THE PARENT PARCEL. 4. ALL VISIBLE TOWER EQUIPMENT AND IMPROVEMENTS ARE CONTAINED WITHIN THE DESCRIBED AREA. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY TO CROWN CASTLE AND FIDELITY NATIONAL TITLE INSURANCE COMPANY WILLIAM R. GORE PROFESSIONAL LAND UR EYING WILLIAM R. GORE LAND SURVEYOR — GA. 2502 Date: 09-20-2013 G�0RG�q I�� s rFRF0 No. 2502 !yj<gN0 SUF O SAM R. G SHEET 1 OF 3 12'-O' WIDE DOUBLE SWING GATE NOTE. BARBED WIRE OPTIONAL PER TOWER OWNER AND JURISDICTIONAL REQUIREMENTS (TYP) FENCE NOTES: I. ALL WOOD MATERIALS SHALL BE PRESSURE TREATED NO. 2 SOUTHERN YELLON PINE OR BETTER STRUCTURAL GRADE. FENCE SLAT BOARDS SHALL BE 6'-0" WITH CHAMFERED EDGE. 2. ALL STRUCTURAL FRAMING SHALL BE ATTACHED WITH Vol? GALVANIZED RIBBED SHANK HAILS OR 3" GALVANIZED FRAMING 5GREN6 - 2 MINIMUM PER CONNECTION. 3. ALL FENCE SLAT BOARDS SHALL BE ATTACHED TO SUPPORTING STRUCTURAL MEMBERS KITH N8, NIO OR 80 GALVANIZED RIBBED SHANK NAILS - 2 MINIMUM PER CONNECTION. 4, LINE P05T5 SHALL BE SPACED EQUIDISTANT, BUT NOT MORE THAN 10'-O' ON CENTER. 5, FOUNDATIONS ARE DE516NEO TO EMBED INTO TYPICAL 501LS INCLUDING COMPACTED COARSE SAND, MEDIUM STIFF CLAY, OR HARD DENSE CLAY. THE SOIL TYPE SHALL BE VERIFIED PRIOR TO CONSTRUCTION. IF UNUSUAL CONDITIONS ARE FOUND TO EXIST, THE ENGINEER SHALL BE NOTIFIED PRIOR TO CONSTRUCTION. 6, INSTALLER TO PROVIDE A LOCKABLE GATE LATCH KITH COMBINATION LOCK ON THE ACTIVE DOOR. COORDINATE WITH THE CONSTRUCTION MANAGER FOR GROWN LOCK COMBINATION. ALL GATE HARDWARE SHALL BE PRE56ED STEEL OR MALLEABLE GA5TING PER ASTM A153 AND TREATED TO RE515T CORROSION. HARDWARE V151BLE FROM OUTSIDE THE FENCE SHALL BE PAINTED BLACK. 8. REFER TO 51TE PLAN FOR FENCE PAINTING INSTRUCTIONS. A. REFER TO 517E PLAN FOR GATE LOCATION. 10. FENCE DETAILS 5HOPAI ABOVE ARE TYPICAL AND SHALL APPLY TO 51MILAR CONSTRUCTION APPLICATIONS WHETHER SPECIFICALLY STATED OR NOT ON THE 517E PLAN. II. 517E SPECIFIC CONDITIONS MAY REQUIRE SLIGHT ADJU5TMENT5 TO THE DETAILS 5HOM. CONSULT THE ENGINEER IF UNUSUAL CONDITIONS ARE FOUND TO EX15T. wso:10 : uK 0Kl a0Alu:l- 2500 P51 CAST -IN-PLACE CONCRETE P05T FOOTING (TYP) DETAIL5 VIEWED FROM INTERIOR DOG—EARED 5TYLE WOOD FENGE DETAILS NOT TO SCALE STANDARD PRECAST FENCEP05T GAP (TYP) STANDARD BARBED HIRE TENSION CLAMP (TYP) STANDARD 1-1/2' DIA. FENCE LINE P05T ATTACHED KITH ° 3'x3"0/16" PLATE ATTACHED WITH (4) 80 RIBBED SHANK NAILS. ip a PROVIDE (1) AT EACH LINE AND CORNER P05T AND REQUIRED GATE LOCATIONS (TYP) PIPE TO `t TYP. PLATE SLAT BOAR05— FENGE FRAMING (TYP) (TYP) NOTE: THE FENCE CONTRACTOR MAY SUBSTITUTE AND EQUIVALENT 5Y5TEM FOR ATTACHING THE BARBED WIRE TO THE WOOD SLAT FENCE. 3 RONS OF CLA55 III GALVANIZED BARB WIRE (TYP. EACH DIRECTION) BARBED WIRE ATTACHMENT DETAIL NOT TO 5( -ALE BARBWIRE (OPTIONAL) AS REQUIRED PER LOCAL J)RISTIGTION SEE DETAIL BELOW — CONTINUOUS 2x6 5TRONG5AGK BRAGIN6 ALONG TOP OF P05T5 (TYP) TOP OF FENCE TOP OF PO5T/2x4 CONTINUOUS 2x4 5TRONG5ACK BRACING (TYP. x 3 VERTICALLY) fE OF 2x4 BOTTOM OF 2x4 pv'-A 30 MANSELL CT SUITE 103 ROSWELL, GA 30076 678.280.2325 5o DEsmot. AJB DNAWN: AJB CHECKED: PWM joe t: GGATLOOI C-4 FOR A COMPLETE DESCRIPTION OF THE PROPOSED KIANOTE: p TONER REFERENCE THE TONER 5TRUGTURAL AND 30 MANSELL CTS FABRICATION DRAWINGBY OTHERS. SUITE 103 ROSWELL, GA 30076 PROP05ED LIGHTNING 678-280-2325 ROD (TYP) �} TI —t4 PROP05ED ATdT TOWER TOP EQUIPMENT. SEE DETAIL AT RIGHT FOR ADDITIONAL PROPOSED ATdT NC5 RAYGAP DG6-48-i0-0-8F SURGE 5OPPRE55M PROP05ED (3) ATdT ERICSSON KRGI18162-1 ANTENNAS FOR WC5 INFORMATION (TYP) (TYP. OF I TOTAL) AT POSITION 4 (TYP. - I PER SECTOR) EXISTING SPRINT ANTENNAS PROPOSED (3) ATdT ERICSSON KRCII8054-1 ANTENNAS FOR f RELOCATED TO NEW TONER LTE AT POSITION I t PROP05ED (3) ATdT KATHREIN AT 180 FT. Ab.L. RAD CENTER ," (TYP. - I PER SECTOR) IL O 5BNH-ID6565G ANTENNAS FOR � UMT5 AT POSITION 5 LTE I NCS UMT5 (TYP. - I PER SECTOR) 1i EXI5TING VERIZON ANTENNAS ' RELOCATED TO NEW TONER PROP05ED (6) AT4T LTE RRU5-II PROPOSED (IS) UMTS AT 110 FT. A.O.L. RAD CENTER (TYP. - 2 PER SECTOR) 5 PER RRUS-II (TYP. - 5 R SECTOR, STACKED VERTICALLY) EXISTING T -MOBILE ANTENNAS RELOCATED TO NEN TONER UMTS LTE AT 160 FT. A.G.L. RAD CENTER FUTURE CARRIER ANTENNAS PROPOSED (6) ATdT WG5 RRU5-11 AT 150+ FT. A.6L. RAD CENTER WC5 (TYP. - 2 PER SECTOR) EXI5TIN6 TOWER \ PROP05ED ATdT UMTS �Zr RAYGAP 066-48-60-18-81' SURGE SUPPRESSOR WP. OF 2 TOTAL) d (: PROP05ED ATdT LTE WC5 PROP05ED ATdT (8) 3/4" DIA. TRUNK RAYGAP DC47-48$0-18-8F k DG POWER GABLES, (2) 3/8' DIA. TRUNK SURGE SUPPRESSOR n FIBER GABLES d (1) 3/6" RET GABLE ROUTED UP THE TONER PER THE (TYP. OF I TOTAL) LTE STRUCTURAL ANALYSIS. UMT5 PROP05ED SECTOR ujx „ PLATFORM MOUNT (TYP) O NOTE: PROVIDE 6' MIN. EDGE TO EDGE CLEARANCE �3 ~ FAA LIGHTING NOTE: BETNEEN LTE AND NCs ANTENNAS11 It 1111 FAA LIGHTING 15 NOT REQUIRED BASED ON THE a c i, OVERALL HEIGHT OF THE PROP05ED TONER. PRIOR TO PERMITTING AND CONSTRUCTION THE TONER ANTENNA ORIENTATION DETAIL OWNER 5HALL CONDUCT AN FAA STUDY TO NTS 4 UyHo lcl DETERMINE IF TOWER LIGHTING 15 REQUIRED BASED ON THE PROXIMITY TO NEARBY AIRPORTS. N m F PRDFOSED 51M.LATM MOFNE i�� z AM NEEDLES (TYP)PROPOSED MONOPINE TONER WITH 10' MIN. ~ E W+ I ANTISECURITY - JAO (TYP)) 5TRUGTURAL NOTE: J Q J THE PROP05ED MONOPINE TOWER WILL BE DESIGNED TO SUPPORT A MINIMUM OF 5 CARRIERS ANTENNAS _� > W AND RELATED EQUIPMENT. J W WOOD FENCE < z (TYP) W 5 a PROPOSED 10' WIDE PLANTED LANDSCAPE BUFFER ACRO55 Q FRONT FACADE d NATURAL 11- SCREENING THREE SIDES (TYP) EQUIPMENT MATERIAUGOLOR LI5T: TONER COLOR - NATURAL BARK FOREST BROWN TE ## 9c R MOUNT COLOR -PAINTED TO MATCH TRUNK d NEEDLES ;{ ANTENNA COLORW. -PAINTED TO MATCH NEEDLES opo: A-15 GABLE COLOR - PAINTED TO MATCH NEEDLES N 23000 WAWN: AJB NEEDLE COLOR - NATURAL NEEDLE FOREST GREEN P FESSI L !CLL CHECK(A. PWM BRANCH COLOR - NATURAL BRANCH FOREST BROWN FENCE COLOR - NATURAL GREEN TREATED HOOD FENCE JOB /: GGATLOOI PROPOSED 48kd1' COWOU3ID EXPANSION .,r N STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 AN ORDINANCE TO APPROVE A MODIFICATION TO AN EXISTING WIRELESS TELECOMMUNICATIONS TOWER LOCATED AT 330 BATESVILLE ROAD TO REMOVE AN EXISTING FACILITY (150 FEET) AND REPLACE WITH A MONO-PINE FACILITY(195 FEET) AND TO APPROVE TWO CONCURRENT VARIANCES AS PERMITTED IN SEC 54-7(a)(2) OF THE CITY OF MILTON CODE OF ORDINANCES. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That the modification to the existing wireless telecommunications tower located at 330 Batesville Road and two part concurrent variance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of January, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 Recommended Conditions for T13-03/VC13-08 330 Batesville Road Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1 The maximum height of the facility shall be 195 feet. Said facility shall be “mono-pine” in appearance. 2 The total leased area shall be 5,000 square feet as shown on the survey submitted to the Community Development Department on November 19, 2013. 3 To provide tower setbacks from adjacent property lines on all sides to (a) 165 foot and 181 feet on the northwestern property lines, (b) 175 feet on the northeastern property line, and (c) 49 feet on the eastern property line, as shown on the site plan submitted to the Community Development Department on November 19, 2013. (Sec. 54-6(d)(2)) (VC13-08 – Part 1) 4 To waive the 20 foot landscaping buffer requirement as the ground equipment on the site will be shielded by a wooded slatted fence and existing vegetation. (Sec. 54-6(e)) (VC13-08 – Part 2) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 SITE PLAN SUBMITTED ON NOVEMBER 19, 2013 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON T13-03/VC13-08 LEGAL DESCRIPTION SUBMITTED ON NOVEMBER 19, 2013 R HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Approval of a Resolution Appointing the Chief Judge of the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: y YES () NO CITY ATTORNEY REVIEW REQUIRED: k_YES (} NO APPROVAL. BY CITY ATTORNEY {APPROVED O NOT APPROVED PLACED ON AGENDA FOR: b ` CJ % { q REMARKS Inyour a.•�..** * ** rop'uo PHONE: 678.242.25001 FAX: 678.242.2499 �� �wuo Green V ,Certified . yllkNiR N Community 3 E n�5 info@cityofmilfonga.us I www.cityofmiltonga.us �, , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 4e; STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION APPOINTING THE CHIEF JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That __________ is hereby appointed as Chief Judge of the Municipal Court for the City of Milton, Georgia; and, SECTION 2. This appointment is effective for a term of four (4) years, coincident with the term of the mayor, commencing January 1, 2014 and expiring on December 31, 2017, pursuant to Article V of the City Charter; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 6th day of January, 2014. Approved: ______________________________ Joe Lockwood, Mayor Attest: ___________________________________ (SEAL) Sudie AM Gordon, City Clerk 8 HOME OF ' M..ILTON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Board of Zoning Appeals for District 11Post1, District 2/Post 1, District 3/Post 1 and At Large. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES �) NO CITY ATTORNEY REVIEW REQUIRED: O YES { NO APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS 4 youlm PHONE: 678.242.25001 FAX: 678.242.2499 El"=2 w Green �' * City f ;info@cityofmiltonga.us i www.cityofmiltonga.us " Community s, CELh;CS 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/POST 1 AND AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2014 at 6:00 pm. as follows: SECTION 1. That __________ (At Large) is hereby reappointed for a term commencing January 6, 2014 and ending on December 31, 2017 and, SECTION 2. That __________ (District 1/Post1), __________ (District 2/Post1) and __________ (District 3/Post 1) are hereby appointed or reappointed for a term commencing January 6, 2014 and ending on December 31, 2017 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ (Seal) Sudie AM Gordon, City Clerk 0 Ni11:TON'�r E S TA IM S H E D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals for District 3/Post 2. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES } NO CITY ATTORNEY REVIEW REQUIRED. O YES ( NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: d 1 010 1 Lt REMARKS youn PHONE: 678.242.25001 FAX: 678.242.2499 :. ' Green` ,� ; Ccrtif�ed * X100 info@cityofrniltonga.us I www.cltyofmiltonga.us Community ', Eth;�S 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS FOR DISTRICT 3/POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That __________ (District 3/Post 2) is hereby reappointed for a term commencing January 6, 2014 and ending December 31, 2015; and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ (Seal) Sudie AM Gordon, City Clerk HOME OF ' a F STA B I I1 l I FD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Design Review Board for District 1/Post1, District 2/Post 1, District 3/Post 1 and At Large. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL_ REQUIRED: O YES Y) NO CITY ATTORNEY REVIEW REQUIRED: () YES (XVO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: o t 010 I q REMARKS ® ym __ PHONE:: 678.242.2500 j FAX: 678.242.2499 Green -or info@cityofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 irCertified* lop tuu *City UI E&CS a �` STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON DESIGN REVIEW BOARD FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/POST 1 AND AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That __________ (At Large) is hereby reappointed for a term commencing January 6, 2014 and ending on December 31, 2017; and SECTION 2. That __________ (District 1/Post 1), __________ (District 2/Post 1) and __________ (District 3, Post 1) are hereby appointed or reappointed for a term commencing January 6, 2014 and ending on December 31, 2017; SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: (Seal) _____________________________ Sudie AM Gordon, City Clerk 0 HOME Of ' FSTA1Q-1SHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Planning Commission for District II/Post 1, District 2/Post 1, District 3/Post 1 and At Large, MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: $APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (x NO CITY ATTORNEY REVIEW REQUIRED: O YES (�_NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS 4 In youln y., PHONE: 678.242.25001 FAX: 678.242.2499 :w , Green V -Certified C�?rop lou Communit infocityofmiltonga.us l www.cityofmiltonga.us y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON PLANNING COMMISSION FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/POST 1 AND AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2014 at 6:00 pm. as follows: SECTION 1. That __________ (At Large) is hereby reappointed for a term commencing January 6, 2014 and ending on December 31, 2017; and, SECTION 2. That __________ (District 1/Post 1), __________ (District 2/Post 1) and (District 3/Post 1) are hereby appointed or reappointed for a term commencing January 6, 2014 and ending on December 31, 2017; SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 6th day of January 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: (Seal) ___________________________ Sudie AM Gordon, City Clerk 5 HOME OF ` �F BFST JUµ! T r ; =F IN MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Parks and Recreation Advisory Board for District 1/Post1, District 2/Post 1, District 3/Post 1 and At Large. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: $APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY O APPROVED PLACED ON AGENDA FOR REMARKS () NOT APPROVED NO ( NO () NOT APPROVED in Youn ** PHONE: 678.242.2500 1 FAX: 678.242.2494 G'r-e'en Community info@cRyofmiltonga.us I www.cityofmiltonga.us 1_ Rh`� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE MILTON PARKS AND RECREATION ADVISORY BOARD FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/POST 1, AND AT LARGE. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That __________ (At Large) is hereby appointed for a term commencing January 6, 2014 and ending on December 31, 2017; and SECTION 2. That __________ (District 1/Post 1), __________ (District 2/Post 1), and __________ (District 3/Post 1) are hereby appointed or reappointed for a term commencing January 6, 2014 and ending on December 31, 2017. RESOLVED this 6th day of January 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: _______________________________ (Seal) Sudie AM Gordon, City Clerk 0 DOME 01 ` MIL,TON* ESTAUISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to the Historic Preservation Commission for the City of Milton for District 11Post1, District 2/Post 1, District 3/Post 1 and At Large. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES KNO CITY ATTORNEY REVIEW REQUIRED: () YES 9NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: O I Qw `i REMARKS ® You PHONE: 678.242.25001 FAX: 678.242.2499 • cCR}rf� infoftltyotmiltonga.us I www.cityofmiltongo.us Community Erh1C5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF MILTON FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/POST 1, AND AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 6, 2014 at 6:00 p.m. as follows: SECTION 1. That ___________ (At Large) is hereby appointed for a term commencing January 6, 2014 and ending on December 31, 2017; and SECTION 2. That __________ (District 1/Post 1), and __________ (District 2/Post 1) and __________ (District 3/Post 1) are hereby appointed or reappointed for a term commencing January 6, 2014 and ending on December 31, 2017. RESOLVED this 6th day of January, 2014. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________________ (Seal) Sudie AM Gordon, City Clerk i.� HOME OF ' E STA t� H S H ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Professional Services Agreement between the City of Milton and E.M.S. Ventures, Inc. d/b/a Rural Metro Ambulance Service to Provide Supplemental Emergency Medical Ambulance Transport Services for the City of Milton. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: �) YES {) NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: j o(,, 14 REMARKS 4 ® You ,r PHONE: 678.242.25001 FAX: 678.242.2499 GCS-er V ; Certified . rop ioo Gry of infoftityofmiltongams I www.cityofmiltonga.us Community ELhic 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004 eL To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on December 19, 2013 for the January 6, 2014 Regular Council Meeting Agenda Item: Consideration of a Professional Services Agreement between the City of Milton and E.M.S. Ventures, Inc. d/b/a Rural/Metro Ambulance Service to Provide Supplemental Emergency Medical Ambulance Transport Services for the City of Milton. ______________________________________________________________________________ Department Recommendation: Approve the attached Professional Services Agreement for supplemental emergency medical transport services for the City of Milton, in the provision of pre-hospital care to the sick and injured in our community under Rural/Metro’s ambulance license and 9-1-1 zone provider designation. Executive Summary: The State of Georgia Department of Human Resources has approved a Regional Ambulance Zoning Plan which designates Rural/Metro as the 911 EMS providers for North Fulton County (which includes Milton, Alpharetta, Johns Creek, Mountain Park, Roswell and Sandy Springs). Rural/Metro shall respond to requests for service and provide emergency medical care and transportation to local hospitals. In addition to the transport service provided by Rural/Metro, the City of Milton Fire Department would staff one ambulance to be used during periods of high demand for service and/or for the immediate transport of critical patients to the closest appropriate hospital. The Council approved a contract on July 1, 2013 with Rural/Metro for emergency medical services. This agreement, if approved, will supplemental the transport agreement for emergency medical transport services. Page 2 of 3 Having a transport capable unit (ambulance) as a city resource, staffed with fire personnel will augment the level of service provided to the community. This resource will remain in the city and not be part of the Rural/Metro posting plan. If the need arises and it is necessary for the city ambulance to perform a transport to a local hospital, one fire department paramedic and EMT would complete that task and return to the city. This ambulance would not be used as a replacement for Rural/Metro or relieve them of their responsibilities as the zone provider, but rather used as an emergency back-up in the event a critical patient requires immediate transport or there is a significant delay by Rural/Metro. The City shall invoice Rural/Metro, on a monthly basis, for fuel and staff hours when the city ambulance is dispatched to a medical emergency. The Fire Department’s Continuous Quality Improvement (CQI) committee, EMROC and the Region III EMS council will provide medical oversight, monitor the usage and demand for service of this resource. Funding and Fiscal Impact: Utilization of budgeted capital funds for the procurement of one ambulance in the amount of $190,000.00. Three fire personnel and equipment are budgeted in the FY 2014 Operating Budget. Please refer to the Five Year Cost Analysis on page three. Alternatives: The City may opt to continue with the current level of service with the possibility of delayed responses from Rural/Metro during periods of high demand, where Rural/Metro ambulances have been centrally positioned in North Fulton. Legal Review: Ken Jarrard – Jarrard & Davis, 12/13/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachments: 1. Professional Services Agreement Page 3 of 3 Year 1 Budget Year 2 Plan Year 3 Plan Year 4 Plan Year 5 Plan Totals Project Expenditures by category Personnel - Paramedics Salary 126,000 129,150 132,379 135,688 139,080 662,297 Personnel - Benefits 41,511 42,549 43,612 44,703 45,820 218,195 Total Personnel Cost 167,511 171,699 175,991 180,391 184,900 880,492 Decreases Current Operating Costs: ANNUAL SERVICE SUBSIDY 132,250 132,250 132,250 132,250 132,250 661,250 Total Personnel Cost 35,261 39,449 43,741 48,141 52,650 219,242 Equipment Uniforms 1,500 750 750 750 750 4,500 Turnouts and Firefighting Equipment 7,500 100 100 100 100 7,900 EMS Equipment Acquisition 50,000 - - - - 50,000 Vehicle Maintenance & Repair 1,500 3,000 3,000 3,000 3,000 13,500 Vehicle Replacement Fund - 30,000 30,000 30,000 30,000 120,000 Fuel Cost 16,000 16,000 16,000 16,000 16,000 80,000 Technology - Hardware/Software Acquisition and Annual Maintenance 3,500 939 939 939 939 7,256 Total Equipment Cost 80,000 50,789 50,789 50,789 50,789 283,156 Total Project EXPENDITURES (Without Subsidy Savings) 247,511 222,488 226,780 231,180 235,689 1,163,648 - - - - - - - - - - - - Total Project SAVINGS 132,250 132,250 132,250 132,250 132,250 661,250 Total Operating Impact 115,261 90,238 94,530 98,930 103,439 502,398 Fleet Acquisition - Ambulance 190,000 - - - - 190,000 Project Income by category ***Medical Emergency Reimbursement*** 9,312 9,312 9,312 9,312 9,312 46,560 Milton Fire Rescue's Ambulance Service Project 5 Year Cost Analysis Project Savings FULTON AREA SUPPLEMENTAL TRANSPORT AGREEMENT FOR EMERGENCY AMBULANCE TRANSPORTATION SERVICES THIS FULTON AREA SUPPLEMENTAL TRANSPORT AGREEMENT FOR EMERGENCY AMBULANCE TRANSPORTATION SERVICES (this “Agreement”) is made and entered into by and between E.M.S. VENTURES, INC., a Georgia corporation doing business as Rural/Metro Ambulance Service (“Rural/Metro”), and THE CITY OF MILTON, GEORGIA (the “City”), effective as of January 1, 2014 (the “Effective Date”). A. Rural/Metro is a provider of certain emergency and non-emergency ambulance transportation and related services and is the owner and operator of certain emergency medical care vehicles and equipment designed to respond to requests for and provide emergency medical care and transportation. B. The Georgia Department of Public Health has designated Rural/Metro as the Zone Provider for 911 emergency medical response designated in the City and the other cities located in North Fulton County. C. The City has in its employ trained and duly licensed personnel whose duties are related to the use of such vehicles and equipment and to the provision of emergency medical services. D. The City is the owner of certain emergency medical care vehicles (ambulances) and equipment designed to respond to requests for and provide emergency medical care and transportation. C. In order to maximize economy and efficiency using available resources and to reduce emergency ambulance transportation response times within the City, the City desires to staff City owned ambulances with trained and certified City employees on an itinerant and as-needed basis to operate under Rural/Metro’s license and Zone Provider designation. (“FAST Program”) NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PROVISION OF SERVICES. Rural/Metro and the City shall each undertake the services and obligations as provided and detailed in Exhibit A attached hereto and incorporated herein by this reference, and otherwise in accordance with the terms and conditions set forth in this Agreement. 2. CERTIFICATIONS AND LICENSES. Each party shall maintain all certifications and licenses as required by all Applicable Law to perform its obligations hereunder. 3. QUALIFICATIONS TO PARTICIPATE IN FEDERAL AND STATE HEALTHCARE PROGRAMS. Both parties represent and warrant to the best of their information and belief that (i) neither it nor any employee, agent, or independent contractor provided under this Agreement is excluded from participation under any Federal Health Care Program, as defined in 42 USC 1320a-7b(f), for the provision of items or services for which payment may be made under a Federal Health Care Program; (ii) neither it nor any employee, agent or independent contractor provided under this Agreement has been convicted of a felony relating to health care fraud as defined under 42 U.S.C. §1320a-7a(a); and (iii) no final adverse determination, as such phrase is defined under 42 U.S.C. §1320a-7a(c) has occurred or is pending or threatened against either party or to its knowledge against any employee, Page 2 of 15 agent or independent contractor engaged to provide items or services under this Agreement (collectively “Exclusions/Adverse Actions”). During the term of this Agreement, each party agrees to notify the other party in writing of the initiation or commencement of any investigation or proceeding that may result in Exclusions/Adverse Actions within ten (10) days of learning of such and provide the basis for such investigation or proceeding. Each party acknowledges that the exclusion of any employee, agent or independent contractor from participation in Federal Health Care Programs shall result in his or her immediate removal from the performance of duties and responsibilities for the other party under the terms of this Agreement without penalty. Each party acknowledges and agrees that any Exclusions/Adverse Actions of or against it or any employee, agent or independent contractor utilized, directly or indirectly, in the performance of this Agreement may serve as the basis of an immediate termination of this Agreement by the other party without penalty. 4. INSURANCE. Rural/Metro and the City shall each maintain at all applicable times, at their own expense, the insurance coverage set forth in Exhibit B. 5. OWNERSHIP OF RECORDS AND CONFIDENTIAL INFORMATION. In addition to protected health information, as defined in 45 CFR §164.504, or individually identifiable health information, as defined in 42 U.S.C. §1320d (“Protected Health Information”), during the course of performing this Agreement, each party may from time to time receive confidential information about the other including but not limited to information about the party’s customers, patients, practices, procedures, strategies, organization, financial and other related information. Neither party shall use or disclose any such confidential information for any purpose other than the limited purpose of performing its obligations under this Agreement, without the prior express written permission of the supplying party. All documents and records prepared, maintained, handled or otherwise related to Rural/Metro’s performance of services hereunder are and shall be the property of Rural/Metro. Rural/Metro’s copyrighted materials and procedures shall be and remain the sole property of Rural/Metro. If a party is served with a subpoena or other legal process concerning confidential information of the other party, that party shall immediately (not more than 48 hours after the receipt) notify the supplying party and shall cooperate with it in any lawful effort to contest the legal validity of such process the supplying party may wish to pursue. Notwithstanding anything set forth in this Agreement to the contrary, the parties acknowledge and agree that the terms and provisions of O.C.G.A. 50-18-70, et seq., generally, control public access to documents held by Georgia municipalities, and that O.C.G.A. 50-18-72(a)(34), specifically, controls access to documents containing alleged trade secret information. 6. AVAILABILITY OF INFORMATION. During the term of this Agreement and pursuant to any record retention law or regulation the parties are subject to, each party shall make available upon written request of the other, to the Secretary of the Department of Health and Human Services, or to the Comptroller General of the United States, or of any duly authorized representatives of any government agency, this Agreement and the books, documents and records of the party that are necessary to certify the nature and extent of the costs of this Agreement and/or compliance with the law. 7. WARRANTIES AND REPRESENTATIONS. a) Rural/Metro warrants and represents it shall perform all its obligations and maintain all records and patient information used for the performance of services under this Agreement in compliance with all applicable law including but not limited to the Fair Debt Collection Practices Act, 15 U.S.C. §§1601 et seq., as amended, any applicable state Consumer Protection laws, as amended, the Bankruptcy Code, 11 U.S.C. §§101 et seq., as amended, and the Health Insurance Portability and Page 3 of 15 Accountability Act of 1996, 42 U.S.C. §§1320d through d -8, as amended (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009, 45 CFR Parts 142, 160, 162 and 164 (the “HITECH Act”). b) Each party represents and warrants to the other that (i) it has the right to enter into this Agreement, to grant the rights granted in this Agreement and to perform fully all of the services and obligations contemplated by this Agreement; (ii) all necessary laws, consents, resolutions, and corporate/political actions have duly authorized the execution and performance of this Agreement, and this Agreement constitutes a valid and enforceable obligation of each of the parties; (iii) the person entering into this Agreement is authorized to sign this Agreement on behalf of the party; and (iv) the parties have reviewed this Agreement with their respective legal counsel to the party's satisfaction or voluntarily waived their right to do so. The parties acknowledge that HIPAA and the HITECH Act, and the regulations promulgated thereunder apply to the activities described in this Agreement, and that both parties are “covered entities” as that term is used in HIPAA and the HITECH Act. In that regard, the parties acknowledge and warrant to each other that their respective activities undertaken pursuant to this Agreement shall conform to HIPAA and the HITECH Act no later than the effective date of each such requirem ent. In addition, given the duties and obligations contemplated under the present Agreement, the parties hereto agree – in an abundance of caution – that each party will execute reciprocal business associate (“BA”) agreements with the other, as contemplat ed in 45 C.F.R. 160.103, 45 C.F.R. 164.502(e)(2) and 164.504(e). The reciprocal BA agreement shall be in substantially the same form as attached hereto as Exhibit C. c) Rural/Metro warrants and represents that (i) all information supplied to and all representations made to the City herein shall be true, accurate and complete and in the event such information or representation(s) become inaccurate or incomplete, Rural/Metro will promptly notify the City in writing of such occurrence; and (ii) it shall perform all its obligations and maintain all records and patient information used for the performance of services under this Agreement in compliance with all applicable law including but not limited to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1601 et seq., as amended, any applicable state Consumer Protection laws, as amended, the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., as amended, and HIPAA and the HITECH Act. 8. REGULATORY OR ECONOMIC CHANGES. Rural/Metro and the City reserve the right to modify this Agreement, upon thirty (30) days’ notice to the other party in the event any Applicable Law or government policy or program change is passed or adopted affecting the services, rates and/or obligations of each party. Additionally, Rural/Metro and the City reserve the right to modify the rates from time to time in the event of changes in the economy affecting operational or supply costs. Any such modification to this Agreement or the related rates must be approved by both parties with the same formalities as were utilized in approving this Agreement. If notice of a proposed rate adjustment is provided, and the receiving party refuses to approve same, the requesting party shall have the right to unilaterally terminate this Agreement upon thirty (30) days advance notice. 9. FAIR MARKET VALUE. This Agreement has been negotiated at arm’s length and in good faith by the parties. Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit either party regarding referrals of business or patients, or the recommending the ordering of an y items or services of any kind whatsoever to the other party or any of its affiliates, or to any other person, or otherwise generate business between the parties to be reimbursed in whole or in part by any Federal Page 4 of 15 Health Care Program; or (ii) to interfere with a patient’s right to choose his or her own health care provider. 10. INDEMNIFICATION. Each party, its officers, directors, and employees (“Indemnitor”) shall, to the extent allowed by law – if any, indemnify and hold harmless the other, its officers, directors, and employees, (“Indemnitee”) for, from and against all costs, claims, losses, liabilities, penalties, fines, citations, expenses, forfeitures or other damages, including but not limited to settlements, defense costs, judgments, court costs, expert(s) fees and reasonable fees of attorneys, incident to, and which it may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of Applicable Law, to the extent that such damage was caused by, in whole or in part, incident to or arose out of this Agreement and the Indemnitor’s: (i) breach of this Agreement; or (ii) negligent or willful act(s) or omission(s); or (iii) violation of Applicable Law; or (iv) any employment, workers’ compensation or other related claim by Indemnitor's employees, agents or subcontractors. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all Applicable Law. Further, nothing set forth in this section shall be construed to waive the City’s sovereign immunity or any individual’s qualified or official immunity as provided by law. 11. TERM OF AGREEMENT AND RENEWAL PROVISIONS. This Agreement shall commence on the Effective Date of this Agreement and shall, unless sooner terminated as provided herein, terminate absolutely and without further obligation on the part of the municipal parties on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year, without lapse, absent the City providing written notification, including electronic mail, to Rural/Metro no later than December 15 of the then-existing term of its intention to cancel the Agreement. Rates, as applicable, for the initial term and any renewal term shall be as set forth in Exhibit A and those attachments thereto. Title to any supplies, materials, equipment, or other personal property shall remain in Rural/Metro until fully paid for by the City. 12. TERMINATION FOR DEFAULT. City and Rural/Metro may each terminate this Agreement upon a default of the other party. A “default” is a situation or occurrence by Rural/Metro constituting an urgent public necessity, to include (i) Rural/Metro or City materially breaching the Agreement in a manner that results in a complete system failure, and/or an actual, continuing material adverse impact and endangerment to the health and welfare, safety and quality of care to the citizens of the City, or (ii) a situation where the City or Rural/Metro has been provided sixty (60) days written notice of any other breach under this Agreement and thereafter fails to cure such breach in a reasonable period of time or raise any reasonable contractual, legal or equitable defenses to such breach. 13. COMPLIANCE WITH ANTI-KICKBACK STATUTE. Each party shall comply with the Federal Health Care Programs’ Anti-Kickback Statute (42 U.S.C. §1320a-7b) and any applicable regulations promulgated thereunder. The parties further recognize that this Agreement shall be subject to the amendments of the Anti-Kickback Statute or any of its applicable regulations. In the event any applicable provisions of the Anti-Kickback Statute or its regulations invalidate, or are otherwise inconsistent with the terms of this Agreement, or would cause one or both of the parties to be in violation of the law, the parties shall exercise their best efforts to accommodate the terms and intent of this Agreement to the greatest extent possible consistent with the requirements of the Statute and its applicable regulations. The City acknowledges that it has received copies of Rural/Metro’s Code of Ethics and Business Conduct and Rural/Metro's Anti-Kickback Policy. Page 5 of 15 14. COMPLIANCE WITH APPLICABLE LAW. Both parties agree to be in full compliance with all Applicable Law and shall immediately notify the other party in the event that it has failed to comply with this Section. In such an event, the other party receiving notice of such non-compliance may immediately terminate this Agreement. 15. EXCLUSION OF CERTAIN DAMAGES. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16. INDEPENDENT CONTRACTOR. In the performance of this Agreement, both parties agree that the City is acting as an independent contractor, that neither it nor its employees are the agents or employees of Rural/Metro, and that the City’s employees are not eligible for any Rural/Metro employee benefits of any nature whatsoever. The City shall not have any obligation, responsibility or authority to act on behalf of or in the place of Rural/Metro, or to bind Rural/Metro in any manner whatsoever. The City shall have full and exclusive liability for all actions undertaken by City employees, and shall, to the extent allowed by law – if any, indemnify, hold harmless and defend Rural/Metro and its affiliates, shareholders, directors, officers, employees and agents against any loss, cost, liability or claim related to any taxes and contributions for unemployment insurance, retirement benefits, worker’s compensation, life insurance, and any other employment-related benefits, costs, obligations, safety requirements or duties with respect to the acts undertaken exclusively by the City’s employees, agents or contractors. Except as expressly provided in this Agreement, Rural/Metro shall have no direction, supervision or control over the City or its employees. Nothing in this Agreement shall be construed as creating an employment relationship, agency, partnership, or joint venture between the parties. Each party shall control and direct the methods by which it performs its responsibilities hereunder. Except as provided herein, neither party is authorized to act on behalf of the other in any other matter whatsoever. 17. WAIVERS. The failure by either party to insist on strict performance by the other party of any provision of this Agreement shall not be a waiver of any subsequent breach or default of any provision of this Agreement. 18. GOVERNING LAW. This Agreement shall be subject to and governed according to the laws of the State of Georgia, regardless of whether either party is or may become a resident of anoth er state. The parties agree that the venue and jurisdiction shall be exclusively in the state and federal courts located in the County of Fulton in the State of Georgia. 19. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 20. ASSIGNMENT. Neither party may assign its rights or obligations under this Agreement to a third party without the prior written consent of the other party, with the consent of the City to be manifested by vote of the Council, which shall not be unreasonably withheld, and any attempted Page 6 of 15 assignment without such consent shall be null and void. This Agreement shall be binding upon and for the sole benefit of the parties hereto and their respective successors and permitted assigns. 21. SEVERABILITY. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 22. SURVIVAL. Any provisions of this Agreement creating obligations extending beyond the term of this Agreement shall survive the expiration or termination of t his Agreement, regardless of the reason for such termination. 23. AUTHORIZATION FOR AGREEMENT. All necessary laws, resolutions, and corporate actions have duly authorized the execution and performance of this Agreement and this Agreement constitutes the valid and enforceable obligations of the parties in accordance with its terms. 24. FORCE MAJEURE. Either party shall be excused for non-monetary failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault, including without limitation, any act of God, war, riot or insurrection, law or regulation, strike, flood, fire, terrorism, explosion or inability due to any of the aforementioned causes to obtain labor, materials, roadways or facilities. In addition to the above, Rural/Metro shall be excused for failures and delays in performance of its obligations under this Agreement due to adverse weather conditions, natural physical barriers, such as mountains, hills or washes, unusual or extreme traffic conditions, natural disasters and/or other limitations of access to the person requiring Services. Such conditions may impede or effect or block Rural/Metro’s efforts to provide Services and/or ability to utilize some or all of its Services’ equipment. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 25. NOTICES. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and deposited with the United States Postal Service, postage pre-paid, registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed as follows: To Rural/Metro: To City: Rural/Metro Corporation City of Milton 9221 E. Via de Ventura 13000 Deerfield Parkway, Suite 107 Scottsdale, Arizona 85258 Milton, GA 30004 Attn: General Counsel Attn: Mayor [email] [chris.lagerbloom@cityofmiltonga.us] With a copy to: Rural/Metro Ambulance 250 Hembree Park Drive, Suite 112 Roswell, Georgia 30076 Attn: Regional Director Page 7 of 15 [email] [kenneth.simpson@rmetro.com] Either party may change the notification addresses listed above with proper written notice. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreements or understandings with the City of Milton, whether oral or written. This Agreement does not supersede that certain Contract between the Cities of Alpharetta, Johns Creek, Milton, Mountain Park, and Roswell and EMS Ventures, Inc. d/b/a Rural/Metro Ambulance which was made and entered into effective as of July 1, 2013. 27. AMENDMENTS. Any amendments to this Agreement shall be effective only if in writing and signed by authorized representatives of both parties. 28. EXECUTION BY ELECTRONIC TRANSMITTAL; DELIVERY OF ORIGINAL SIGNED AGREEMENT. This Agreement may be executed by electronic transmittal, and shall be deemed effectively executed upon the receipt by both parties of the last page of this Agreement duly executed by the other party. Each party to this Agreement agrees to deliver two (2) original, inked and signed Agreements within two (2) days of submitting electronically, the executed last page hereof. 29. LEGAL FEES. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees, costs, and expenses. 30. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 31. NO THIRD PARTY BENEFICIARY. Neither party intends in any manner whatsoever to create an interest or beneficiary in a third party. 32. EXHIBITS. All Exhibits referenced herein are incorporated into this Agreement in their entirety. Agreement when used throughout this Agreement shall include all referenced Exhibits. 33. PUBLICITY PROVISION. Neither party shall use any trademarks, service marks, visual product representations, trade names, logos or other commercial or product designations of the other party, or disclose such without said party’s express prior written consent. In particular, neither party shall identify or make reference to the other party in any advertising or other promotional modality regardless of its form without explicit prior written consent from said party. 34. IP PROVISION. Nothing in this Agreement is intended to grant a license or any rights of any nature whatsoever to Rural/Metro’s intellectual property which may include but is not limited to any of its patents, mask work rights, trademarks, trade names, service marks, logos, copyrights, derivatives, software or any other intellectual property rights of Rural/Metro. 35. FCC COMPLIANCE. Rural/Metro acknowledges that the FCC license is held by the City and that any shared transmitter use under this Agreement and pursuant to Section 90.179 of the FCC ’s Rules shall be subject to City’s control. Page 8 of 15 36. E-VERIFY It is the policy of the 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: (1) the contracting party shall provide evidence that it and Consultant’s subcontractors have 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, or (2) the contracting party provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The contracting party hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to the City or provided the City with evidence that it is not required to provide su ch an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, the contracting party 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. In the event the contracting party employs or contracts with any subcontractor(s) in connection with the covered contract, the contracting party 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. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. 37. NON-DISCRIMINATION 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 contracting party agrees that, during performance of this Agreement, the contracting, 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, the contracting party agrees to comply with all applicable implementing regulations and shall include the provisions of this Paragraph 37 in every subcontract for services contemplated under this Agreement. [signatures on next page] Page 9 of 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. RURAL/METRO: CITY: E.M.S. VENTURES, INC., a Georgia corporation CITY OF MILTON, GEORGIA By: Name: Its: By: Mayor, City of Milton ATTEST: By: City Clerk, City of Milton Approved as to Form: By: City Attorney Page 10 of 15 EXHIBIT A DESCRIPTION OF SERVICES Description of Services to be provided by the parties includes but is not limited to: Responsibilities of the City: 1. In the event Rural/Metro does not have the resources available to respond to an emergency medical call within the City’s response area due to call volume or other exigencies, the City agrees, upon request and as available, to provide one ambulance (the “FAST Ambulance”) and the City employees staffing the same to respond to that emergency medical call on behalf of Rural/Metro. Rural/Metro will compensate the City of Milton for use of the FAST Ambulance in accord with the rates set forth in paragraph 10 of that section titled “Responsibilities of Rural/Metro,” and both the City of Milton and Rural/Metro agree that such rates constitute reasonable, fair market rates for Rural/Metro’s use of the FAST Ambulance. 2. The FAST Ambulance shall be posted at all times within the City limits and staffed by City employees as provided herein. 3. The City agrees to provide properly certified personnel of the City’s Fire Department to staff the FAST Ambulance for the sole purpose of providing emergency medical transportation services to patients within the City under Rural/Metro’s state ambulance license and 9-1-1 Zone Provider designation, during the hours agreed upon by the parties. 2. The City agrees that for those City personnel it will dedicate to participate in the FAST Program, said personnel shall meet or exceed all local and state standards for emergency medical personnel that provide emergency medical transportation services in Georgia and shall further have and maintain all required State certifications. These standards are further explained in paragraph 3 below. 3. The City will provide Advanced Life Support (ALS) staffing for the FAST Ambulance. Staffing will include a minimum of one (1) Paramedic and one (1) Emergency Medical Technician (EMT) on each ambulance whenever the ambulance normally assigned to the City under the EMROC posting plan is unavailable because it is responding to a call. The employees will work in coordination with Rural/Metro’s Medical Director and shall operate under Rural/Metro’s established Medical Care Protocols and applicable rules and procedures. Nothing in this Agreement shall prohibit the City from employing its own Medical Director; however, all patient care provided by the City’s employees under this Agreement shall fully comply with Rural/Metro’s established medical protocols and standards. 4. The City agrees that it will remove any ambulance crew member from the FAST Program if it is determined by the City, in consultation with Rural Metro, that a crew member failed to comply with Rural/Metro’s established medical treatment protocols and/or compliance policies. Failure of an employee to maintain the appropriate State EMS license shall also constitute grounds for immediate removal from the FAST Program. Page 11 of 15 5. All emergency responses made by City employees under this Agreement shall be subject to the City’s and Rural/Metro’s quality assurance and medical review processes. The City will make its employees non-privileged personnel records available to Rural/Metro’s medical directors and management team for the purpose of allowing Rural/Metro to confirm compliance with Rural/Metro’s quality assurance requirements. The City and Rural/Metro will cooperate in and share the results of such reviews and investigations of transports and related patient care provided by City employees. The City agrees that Rural/Metro’s Medical Director(s) has the discretion to restrict the medical practice of City employees operating under the Medical Director’s license (during the time the City employees will be responding to emergencies under Rural/Metro’s ambulance license and Zone Provider designation). The City further agrees to confer in good faith with the City’s and Rural Metro’s medical directors regarding any recommendations for remedial training or discipline as a result of the City’s and Rural/Metro’s quality assurance and medical review investigations. 6. The City shall provide a monthly invoice to Rural/Metro itemizing all hours that the FAST Program ambulance was in use as provided for herein. The invoice shall be in a mutually agreed upon format and shall include substantiating documentation. 7. The City will maintain, repair and/or replace the FAST Ambulance at its sole cost and expense throughout the term of this Agreement. 8. The City shall license the FAST Ambulance as a First Responder with the State of Georgia and insure it as provided in Exhibit B attached hereto. 9. The City will monitor the utilization of the FAST ambulance and if it is determined that the FAST ambulance is being over utilized, the issue shall first be brought to Rural/Metro’s attention for discussion and resolution. Should the issue not be resolved to the City’s satisfaction within ten (10) days, the City may then bring the issue before EMROC for review. If EMROC is unable to resolve the issue to all parties’ satisfaction within thirty (30) days, either party may then bring the issue to the Region III E.M.S. Council for review. 10. The City agrees that the personnel staffing the FAST Ambulance are employees of the City, and as such, the City has the sole responsibility for the payment of any and all wages and benefits to its personnel, including workers compensation. 11. The City shall provide Rural/Metro with a current list of all City Employees who may staff the FAST ambulance so that Rural/Metro may identify such persons on its ambulance license. No City Employee who has not first been listed on Rural/Metro’s ambulance license shall staff the FAST ambulance. 12. The City expressly acknowledges that under no circumstances will the City bill for any Services provided by the FAST Ambulance, nor will the City allow any other party to bill on its behalf. The City also recognizes that Rural/Metro will rely on thorough, accurate patient care documentation from the FAST Ambulance staff for compliance and medical review purposes. The FAST Ambulance crew will obtain hospital admission forms (face sheets) and will document appropriate information for each FAST Ambulance response in accordance with the requirements of the Georgia Division of Public Health. Training regarding the required information will be provided by Rural/Metro. Rural/Metro will not bill Medicare, Medicaid, Page 12 of 15 third party payers, or the patient, including any co-payments or deductibles, for Services provided by the FAST Ambulance under this Agreement. 14. The FAST Ambulance will be co-branded with the names and logos of both the City of Milton’s Fire Department and Rural/Metro Ambulance. 15. The FAST Ambulance will be operated under a deployment plan jointly developed by the City and Rural/Metro and will be posted at a City fire station at no cost to Rural/Metro, not subject to the posting plan adopted by EMROC. Responsibilities of Rural/Metro: 1. Rural/Metro shall fully stock and equip one City owned ambulance (the “FAST Ambulance”) and shall pay the City for each use of the Ambulance and the City employees staffing the same at the rates set forth below, as they may be amended from time to time as permitted by this Agreement. At all times of FAST Ambulance operation, said ambulance shall be operating under the authority of Rural/Metro’s ambulance license and Zone Provider designation. Equipment for the FAST Ambulance to be provided by Rural/Metro shall include all necessary radio equipment, FCC radio licenses, Mobile Data Terminals (MDT’s) and all State-required medical equipment and supplies for a licensed Advanced Life Support ambulance. 2. Rural/Metro will retain fee title to the equipment and supplies it provides to the City under the terms of this Agreement. Rural/Metro will maintain, repair and/or replace the equipment at its sole cost and expense throughout the term of this Agreement. Fee ownership of the FAST Ambulance shall at all times remain vested in the City. 3. Rural/Metro agrees to replace all disposable medical supplies supplied by the City and utilized on a FAST Ambulance on a one-for-one basis throughout the term of this Agreement with the exception of narcotic medications. 4. Rural/Metro will reimburse the City for the cost of fuel used by the FAST Ambulance pursuant to this Agreement. 5. Rural/Metro will provide an electronic patient care reporting system for the FAST Ambulance. Rural/Metro shall retain title of all such systems and equipment. 6. Rural/Metro will provide specific EMS documentation and compliance training for the City’s employees participating in the FAST Program. 7. Rural/Metro shall license the FAST Ambulance as an ambulance with the Department of Public Health and shall list the FAST Ambulance in its license application with the Department of Public Health and shall be responsible for obtaining inspection and permitting of the same by the Department of Public Health. 8. Rural/Metro agrees that the personnel staffing the FAST Ambulance are the employees of the City, and as such, the City has the sole responsibility for the payment of any and all wages and benefits to its personnel, including workers compensation. Page 13 of 15 10. Rural/Metro agrees to compensate the City at a rate of fifty dollars ($50.00) per hour, pro-rated for each quarter hour (rounded down for less than seven minutes, thirty seconds), for time spent by City employees staffing a FAST Ambulance on an emergency medical response (an “EMS Response”). By way of example, during the first term of this Agreement if a City crew is required to staff a FAST Ambulance and otherwise provide emergency transportation services for 2:53 minutes (as such staffing is further defined and explained via the bullets below), then the compensation due from Rural/Metro to the City would be calculated as follows: 2 hours x $50 = $100.00; 45 minutes = $37.50; 8 minutes into the next quarter hour is rounded upward to the next quarter hour increment, meaning another $12.50 (total reimbursement: $150.00). On each anniversary of the Effective Date, Rural/Metro agrees to increase the EMS Response rate set forth above, based on the twelve (12) month percentage change to the Consumer Price Index (All Urban Consumers) of the Atlanta, Georgia area as published by the U.S. Department of Labor’s Bureau of Labor Statistics.  For purposes of calculating fees, an EMS Response shall begin at the time that the FAST Ambulance crew is dispatched on an emergency medical response by the communication center dispatching ambulances on 911 calls.  For purposes of calculating fees, an EMS Response shall end after the FAST Ambulance crew arrives back in the response area and is ready to go back in service. It is understood that an average at hospital time is twenty minutes. Any hospital times exceeding twenty minutes are extended times and an explanation should be provided by the FAST crew. Likewise, any significant delays in returning to the FAST Ambulance’s response area should be explained. For those responses that do not result in a patient care transport, an EMS Response shall end when the FAST Ambulance crew reports to their communication center that they are back in service, plus fifteen (15) minutes. 11. Rural/Metro will not bill or collect fees for emergency medical services and patient transport provided by City employees under the FAST Program. Other Definitions: “Services” means the Description of Services set forth above. “Applicable Law” shall include all federal, state and local laws, statutes, regulations, codes, ordinances, rules and/or Executive Orders, as amended, applicable to the services and/or obligations of the parties hereunder. Page 14 of 15 EXHIBIT B Insurance 1. Insurance. Prior to the commencement of Services performed hereunder and during the term of this Agreement, including any extension(s) thereof, Rural/Metro shall obtain and provide the following insurance: a. Automobile Liability. Automobile Liability Insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 for each occurrence with respect to Rural/Metro’s owned, hired and non-owned vehicles utilized in the performance of its services. Uninsured motorist coverage, underinsured motorist coverage and personal injury protection or “no fault” insurance coverage shall not be required under this Agreement, except where required by specific state law and, then, only at the statutory minimum required. Note: Rural/Metro does not purchase underinsured/uninsured motorist coverage as allowed by law. Any requirement to provide such coverage, which is not otherwise required by law, is an uninsured liability to Rural/Metro and must be rejected. b. Commercial General Liability. Commercial General Liability Insurance covering bodily injury and property damage, with a limit of not less than $1,000,000 for each occurrence and a $5,000,000 aggregate limit. c. Professional Liability. Rural/Metro shall maintain Professional Liability Insurance covering bodily injury, with a limit of not less than $1,000,000 for each occurrence and a $5,000,000 aggregate limit. 2. City’s Insurance. Prior to the commencement of Services performed hereunder and during the term of this Agreement, including any extension(s) thereof, City shall obtain the following insurance: a. Commercial General Liability. Commercial General Liability Insurance covering bodily injury and property damage, with a limit of not less than $1,000,000 for each occurrence and a $5,000,000 aggregate limit. b. Professional Liability. City shall maintain Professional Liability Insurance covering bodily injury, with a limit of not less than $1,000,000 for each occurrence and a $5,000,000 aggregate limit. c. Worker’s Compensation. City shall carry Workers’ Compensation Insurance to cover obligations imposed by federal and state statutes; and Employer’s Liability Insurance with a limit of not less than $1,000,000. 3. Primary Insurance. Each party’s insurance shall respond first as it relates to bodily injury or property damage caused by such party in the performance of its services hereunder. 4. Certificates of Insurance. Upon request, Rural/Metro shall furnish to the City Certificate(s) of Insurance issued by Rural/Metro’s insurer as evidence that the coverage: (1) is placed with a company meeting the requirements of paragraph 5 of Exhibit B; (2) is detailed on the Certificate(s) as specified in this Agreement; (3) is in full force and effect on the commencement date of services; (4) names the Page 15 of 15 City as additional insured; and (5) contains language that City shall be provided notice of any event/omission that may result in a lapse or discontinuation of coverage. Upon request, or as required by this Agreement, Rural/Metro shall furnish to the City updated Certificate(s) as policies are renewed. Note: Rural/Metro will not provide copies of insurance policies and/or endorsements as these documents are drafted specifically to Rural/Metro’s business and contain confidential and proprietary business information which might not otherwise be available to the general public. 5. Insurance Company Rating. Insurance policies required under this Agreement shall have been issued by an insurance company having a financial rating of A:VII or better according to the A.M. Best Rating Guide as of the commencement of this Agreement. 6. Notice of Cancellation. Rural/Metro and City shall each endeavor to notify the other of cancellation of any required insurance coverage. 7. Claims Made. In the event Rural/Metro elects to obtain insurance required under this Agreement on a “claims made” basis, then such coverage shall extend for two (2) years past the completion of the services rendered by Rural/Metro to City and Rural/Metro shall, upon request, provide City a Certificate of Insurance evidencing such extended coverage. RE HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the Milton City Council Consenting to Expansion of the North Fulton Community Improvement District. MEETING DATE: Monday, January 6, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. VAPPROVED O NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (XNO CITY ATTORNEY REVIEW REQUIRED: X YES () NO APPROVAL BY CITY ATTORNEY �APPROVED () NOT APPROVED PLACED ON AGENDA FOR: O REMARKS In you * * * - PHONE: 678.242.2500 1 FAX: 678.242.2499 r.e� :� = Green *Certified +°p ipo info4cityofmiltonga.us I www.cltyofmiRonga.us '"'"'a Community # � hics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 e Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. 14-01-279 COUNTY OF FULTON A RESOLUTION OF THE MILTON CITY COUNCIL CONSENTING TO EXPANSION OF THE NORTH FULTON COMMUNITY IMPROVEMENT DISTRICT WHEREAS, by Act of the Legislature, 1987 Ga. L. 5460, as amended, the Georgia Legislature enacted the Fulton County Community Improvement Districts Act; and WHEREAS, pursuant to said Act, the North Fulton Community Improvement District (hereinafter “CID”) was created by Resolution of the Fulton County Commission, the City of Alpharetta, and the City of Roswell in 2003; and WHEREAS, a majority of the owners of real property within a proposed expansion area, as attached hereto, which will be subject to taxes, fees, and assessments levied by the District Board, have consented in writing to their inclusion into the CID; and WHEREAS, the owners of real property within the proposed expansion area of the CID which constitutes at least 75% by value of all real property within said expansion area which will be subject to taxes, fees and assessments levied by the District Board, according to the most recent approved Fulton County ad valorem tax digest, have consented in writing to their inclusion into the CID; and WHEREAS, the Milton City Council has determined that the expansion of the CID would promote the provision of governmental services and facilities within said District; and WHEREAS, the Milton City Council has determined that the expansion of the CID would be in the best interest of the citizens of the City of Milton. NOW, THEREFORE, BE IT RESOLVED, that the City of Milton consents to the expansion of the boundaries of the North Fulton Community Improvement District as attached hereto. BE IT SO RESOLVED AND ORDAINED, this 6th day of January, 2014, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGIA By: ______________________________ Joe Lockwood, Mayor Page 2 of 2 ______________________________ ____________________________ Council Member Karen C. Thurman Council Member Burt Hewitt ______________________________ ____________________________ Council Member Matt Kunz Council Member Joseph Longoria ______________________________ _____________________________ Council Member Bill Lusk Council Member Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk Page is too large to OCR. HOME OF ' ESTAIi 11 S I I ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Facility and Fields Use Policy. MEETING DATE: Monday, January 6, 2014 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 PLACED ON AGENDA FOR.- REMARKS OR: REMARKS 0 APPROVED () NOT APPROVED () NO () NO () NOT APPROVED o l ob 1%4 l,�X4 V in I You( PHONE: 67$.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmlltonga.us " COmmunity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 12/26/2013 for the 01/06/2014 Regular Council Meeting Agenda Item: Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Facility and Fields Use Policy ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Resolution Adopting the City of Milton Parks and Recreation Department Facility and Fields Use Policy Executive Summary: The city continues to grow in many ways. Our population is growing and the number of Parks and Recreation Department assets we have is growing as well. In 2013, we had many requests, both formally and informally, to rent out assets of the City for private functions. A formal policy is needed such that we can be consistent in our delivery of service to the citizens. The Parks and Recreation Advisory Board (PRAB) invested more than three months of work, crafting a policy that allows the citizens of Milton a fair and equal opportunity to use the city assets for private functions. This policy combines the stated wishes of the citizens as well as the best practices from the parks and recreation agencies of the surrounding communities. Funding and Fiscal Impact: While the resolution itself does not have a fiscal impact, the adoption of the Facilities and Field Use Policy will likely result in a modest increase in rental revenue to the City. Alternatives: If this policy is not adopted our alternative is to relay the council’s input and return to the PRAB to revise the policy. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis November 20, 2013 and December 12, 2013 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Resolution Adopting the City of Milton Parks and Recreation Department Facility and Fields Use Policy 2) MPRD Facility Field Use Policy STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON PARKS AND RECREATION DEPARTMENT FACILITY AND FIELDS USE POLICY WHEREAS, the City of Milton continues to expand and grow the Facilities and Fields in the Parks and Recreation Department; and WHEREAS, the City of Milton Parks and Recreation Department continues to expand the number and variety of recreation programs; and WHEREAS, the number of requests to use and/or rent the city’s Facilities and Fields increased in 2013; and WHEREAS, the Parks and Recreation Advisory Board (PRAB) worked closely with the City Staff, the City Attorney and surrounding Parks and Recreation Agencies to create a City of Milton Facility and Field Use Policy; and WHEREAS, the public interest will be served by the adoption of this Facility and Field Use Policy. NOW THEREFORE BE IT SO RESOLVED, that the Mayor and Council of the City of Milton hereby approve the Department of Parks and Recreation Facility and Fields Use Policy. BE IT SO RESOLVED AND ORDAINED, this 6th day of January, 2014, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 Purpose and Mission The City of Milton Parks and Recreation Department (hereinafter referred to as “MPRD”) has a variety of facilities and fields located within the City of Milton, Georgia (“City”) that are available to rent when not in use for City-sponsored programs or City partner programs. MPRD’s mission is to serve the residents of the City, and therefore City residents enjoy the first opportunity to rent available space after other programming needs are met. MPRD hereby establishes these universal policies and procedures (the “Policy”) pertaining to the rental of such fields and facilities for distribution to City employees and the general public as appropriate to ensure consistency in MPRD operations. It should be noted that each rental facility and field is unique and has specific guidelines that renters must adhere to in addition to those listed in this Policy. Rental fees will vary for each specific facility/field. Facilities include, but may not be limited to, picnic pavilions, meeting rooms, gymnasiums and tennis courts identified by MPRD. Fields include, but may not be limited to, baseball/softball fields and multi-purpose rectangular athletic fields identified by MPRD. MPRD facilities and fields are intended to be used by residents of the City, and City residents shall be given first priority to rent after City-sponsored programs or City partner programs. MPRD reserves the right to request participation information (including participant names and addresses) from any individual or group requesting to rent fields or facilities. Factors that may be considered by MPRD in considering a request to rent include the number of City residents involved in the rental activity. Rentals will be subject to the following restrictions: 1. Facilities will not be available when an event sponsored by the City or an activity approved by the City is being conducted. 2. With the exception of the Bethwell Community Center, indoor rentals will not be allowed on City recognized holidays. 3. All rentals, except outdoor athletic facilities, will end no later than 10:00pm. Outdoor athletic facility rentals may end at 11:00pm with prior written approval from MPRD, but otherwise shall end at 10:00pm. 4. Reservations of indoor facilities during regular hours of operation are not allowed. 5. Reservations of indoor and outdoor facilities may be made no earlier than six (6) months prior to and no later than three (3) business days prior to the requested event date. MPRD reserves the right to amend this Policy, including the fee schedule, Rental Requests provisions, Universal Guidelines, and Fields/Facilities below, as deemed appropriate with thirty (30) days prior written notice of amendment by posting on the City’s website. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 Per the terms of the Memorandum of Understanding with the City of Alpharetta (“Alpharetta”) effective December 1, 2012, Alpharetta residents shall be allowed to rent City facilities and fields, provided space is available, and shall pay the same fees as City residents. For the purposes of this Policy, the word “Resident” shall include residents of the Cities of Alpharetta and Milton unless noted otherwise. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 Rental Requests All applicants shall complete a Field License Agreement or a Facility License Agreement (“Agreement”), copies of which are included with this Policy. Requests to rent a facility/field shall be treated as follows: 1. A request for a program or athletic sport already offered by MPRD, or its partners, will not be considered. 2. Athletic teams representing a sport (or a certain level of sport) that is not offered by the MPRD may rent a field based on availability if the field has not been closed for repair or maintenance. 3. Social activities/events may be scheduled on any field as long as the field is available and there would be sufficient time after the rental to prepare/maintain the field for its next scheduled use. 4. In the event a rental request is made that does not fall under item 2 or 3 above, the MPRD Director (“Director”) shall determine if the rental request will be allowed. However, the City Parks and Recreation Advisory Board has the final discretion in approving/denying rental requests that fall outside this Policy. All requests must be made via a completed Field License Agreement or Facility License Agreement no more than six (6) months prior to the requested date. Requests will NOT be processed on a first come, first served basis. Each month on the 1st and 15th of the month (or the next business day if said date falls on a weekend or City holiday), there will be an approval of rental requests (approval date). The completed Field Use Agreement or Facility Use Agreement must be submitted to the MPRD Director no less than three (3) business days prior to the approval date. In the event of competing dates/times for the same facility or field, a drawing will be held to approve the rental. The approved renter will be notified via the contact email on the completed Agreement. Other Departments of the City will be allowed to reserve MPRD facilities during regular business hours for employee functions at no cost, depending on availability. Requests for Department usage outside of regular business hours will be handled on a case by case basis by the Director. No individual or group may make a rental request more than two (2) times in a calendar quarter. Separate individuals affiliated with the same group will not be allowed to individually apply in an effort to circumvent these two (2) requests in a calendar quarter restriction. Fees and Deposits will be set forth in the Fee Schedule below. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 Fee Schedule Rentals contracted with non-Milton and non-Alpharetta residents will be charged an out of city fee of an additional 50% of the fees set forth below. Time requested for rental should include set-up and clean-up. A. Meeting Rooms a. Bethwell Community Center Rental – Three hour minimum - $40/hour b. Refundable Cleaning deposit - $50 B. Gymnasiums – Not available for rental per FCBoE agreement C. Picnic Pavilion - $20/two hour period. D. Tennis Courts – Not available for rental per FCBoE agreement E. Athletic Field (Baseball/Softball) a. Two hour minimum without lights - $50/two hour period b. Two hour minimum with lights - $75/two hour period c. Include drag and line field – $75 d. Refundable Security deposit - $100 e. Other fees might be necessary and determined on a case by case basis F. Athletic Field (Rectangular) - Not available for rental per FCBoE agreement G. Other: Full refunds will be granted if a rental is cancelled by MPRD. Refunds will be granted if requested by the renter at least ten (10) business days prior to the rental. A $15.00 administrative fee will be deducted from all approved refunds. Events that are rained out will be offered a full refund or the opportunity to reschedule to another date. If any costs have been incurred by the city prior to the rain out (such as field preparation) those fees will still be billable. Refunds will not be granted if a rental group does not show up for their reserved time without advance notice (at least 10 business days). City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 Universal Guidelines 1. No one under the age of 21 years shall be permitted to enter into an Agreement with MPRD. 2. Renter (person whose name is on the Agreement) must be present during the entire scheduled event. Failure to do so may result in immediate forfeiture of any applicable fees and deposits, and renter may not be allowed to use any City facility in the future for a period up to, but not exceeding, two years. 3. Renter is responsible for ensuring that any guest asked to leave the premises by any MPRD employee due to misconduct and/or violation of MPRD rules leaves the MPRD property immediately and without incident. 4. MPRD reserves the right to cancel, postpone or reschedule any rental. The renter will be given a choice of a refund or to have an alternative date scheduled. 5. For the safety of all, if MPRD is closed due to inclement weather, all facility reservations will be cancelled. The renter will be entitled to a full refund or may reschedule at another time as agreed upon in writing by MPRD and renter. 6. Requested times of use shall include set-up and clean-up times. 7. Per City ordinance, the use of alcoholic beverages, tobacco and all tobacco products is strictly prohibited in City parks, fields and facilities. 8. Except for guide animals, pets are not allowed in or on facilities or fields. Pets are otherwise allowed in the parks if kept on a leash. 9. The renter shall not have the right to assign a rental agreement or any rights hereunder or to sublet MPRD facilities or fields. 10. Renter must provide at least one (1) adult chaperone for every fifteen (15) youth (i.e. individuals under the age of 18 years) in attendance. 11. Renter shall use only the facilities or fields that have been formally rented as identified in the Agreement. Rental activities shall not hinder or obstruct the activities of the occupants of the facility, or the accompanying or adjacent park areas. 12. MPRD has the right to immediately cancel any rental on site if the actions of the group put the group, any member of the group, any City employee, the general public, and/or the facility or field at risk or in danger. 13. Renter is responsible for discouraging participants at the event from the use of offensive language. MPRD has the right to order the removal from the premises any guest(s) who engages in physical abuse or threat of physical abuse toward another guest, a City employee or the general public. 14. Upon request, Renter must provide a Certificate of Insurance ($1,000,000 minimum). The City of Milton should be listed as an additional insured. 15. MPRD reserves the right to rent different areas of the same facility or field to different groups at the same time. 16. MPRD does not guarantee the use of equipment, tables, chairs, etc. No tables, chairs or other City personal property may be removed from a facility or field. 17. Portable grills of any kind are only permitted in support of concession stand operations. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 18. Athletic field participants are prohibited from gaining access to any field by climbing over a fence. 19. Only stakes or posts that can be pushed by hand into the ground may be used on any baseball/softball field. 20. Renters are NOT allowed to use any paint or other similar materials on athletic fields. 21. All trash and garbage must be placed in the proper receptacles provided by the City. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 Facilities/Fields Bell Memorial Park Field 1 - 180 feet - Field 2 - 250 feet - Field 3 - 140 feet - Field 4 - 160 feet 2 Playgrounds Pavilion adjoining concession stand – 24 feet X 19 feet 3 Picnic Tables 2 Standard Tables 1 Americans with Disabilities Act compliant Table (“ADA Table”) Pavilion in front of Field 3 – 31 feet X 20 feet 4 Picnic Tables 2 Standard Tables 2 ADA Tables Friendship Community Park 1 Multi-Purpose Rectangular Field approximately ½ acre 1 Half-Court Basketball Court with 1 Basketball Goal Circular Pavilion – 24 feet X 24 feet 3 Picnic Tables 2 Standard Tables 1 ADA Table Birmingham Falls Elementary 1 Multi-Purpose Rectangular Field approximately 2.5 acres 1 Indoor Gymnasium Cogburn Woods Elementary 1 Multi-Purpose Rectangular Field approximately 1 acre 1 Indoor Gymnasium Hopewell Middle 1 Multi-Purpose Rectangular Field approximately 1.5 acres 1 Diamond shaped field – 190 feet 1 Indoor Gymnasium Northwestern Middle 1 Multi-Purpose Rectangular Field approximately 2 acres 1 Diamond Shaped Field 1 Indoor Gymnasium Bethwell Community Center 1 Indoor facility approximately 1300 square feet 1 Outdoor Grill City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 3.1 - December 20, 2013 2 Picnic Tables 1 Playground