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Agenda Packet CC - 02/18/2015 - City Council Agenda 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 Wednesday, February 18, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Christ Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 15-043) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 18 , 2015 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the February 2, 2015 City Council Regular Minutes. (Agenda Item No. 15-044) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending December, 2014. (Agenda Item No. 15-045) (Stacey Inglis, Assistant City Manager) 3. Approval of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media Policy. (Agenda Item No. 15-046) (Sam Trager, Human Resources Director) 4. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at Fire Station 41. (Agenda Item No. 15-047) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Sterling Arcade, Inc. dba Paradise Biryani Pointe, Located at 5310 -D Windward Parkway, Milton, Georgia 30004. (Agenda Item No. 15-031) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA 1. Consideration of U14-03/VC14-03 – 14250 Birmingham Highway, by Lauren Dillon – To Operate an Artist Studio (Sec. 64-1843) within an Existing Building and to Request a Concurrent Variance to Allow Outside Storage [Sec. 64-1843(b)(1)]. (Agenda Item No. 15-040) (First Presentation at February 2, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 18 , 2015 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of ZM15-01 – 13895 Hopewell Road by Jeff Runner – To Modify Condition 2.a. to Include a 40x60 Pavilion on the Site and to Modify Condition 1.c to Increase the Number of Guests from 150 to 250. (Agenda Item No. 15-041) (First Presentation at February 2, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Discussion of Revisions to Chapter 4, Alcoholic Beverages 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-048) The minutes were provided electronically 4D NOME OF' 71 ESTABLISI IED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 11, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending December, 2014. MEETING DATE: Wednesday, February 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.' XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES $NO CITY ATTORNEY REVIEW REQUIRED. () YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS O,z I,& %j 13 It, YDUJM PHONE., 678.242,25001 FAX: 678.242.2499 M of Green, *C&,t&d* Infofcityofmiltonga.us I www.cityofmiltonga.us WILD [Ommunity E h; � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004"" 'a41 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 5, 2015 for the February 18, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 3 – December 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 13.11% over what is anticipated for the third period of the fiscal year. Total expenditures to-date are $4,445,607 and are 4.11% 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 $13,148,344, capital expenditures-to-date total $1,306,571. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,852,000 162,092 82,000 80,092 162,098 64,837 97,261 Motor Vehicle Tax 915,000 71,925 76,250 (4,325) 166,851 152,500 14,351 Intangible Tax 150,000 12,315 12,500 (185) 28,734 25,000 3,734 Real Estate Transfer Tax 75,000 4,293 6,250 (1,957) 13,959 12,500 1,459 Franchise Fees 1,850,000 69,034 - 69,034 69,034 - 69,034 Local Option Sales Tax 8,000,000 683,941 666,667 17,274 1,360,318 1,333,333 26,985 Alcohol Beverage Excise Tax 285,000 23,487 23,750 (263) 48,637 47,500 1,137 Business & Occupation Tax 660,000 54,463 19,800 34,663 55,758 19,800 35,958 Insurance Premium Tax 1,650,000 - - - - - - Financial Institution Tax 33,000 - - - - - - Penalties & Interest 34,600 3,581 2,885 695 9,154 8,625 529 Alcohol Beverage Licenses 135,000 19,800 13,500 6,300 143,350 128,250 15,100 Other Non-Business Permits/Licenses 18,100 1,788 1,942 (154) 6,243 5,125 1,118 Zoning & Land Disturbance Permits 219,600 1,550 383 1,167 8,497 7,197 1,300 Building Permits 400,000 32,343 33,333 (990) 96,238 100,000 (3,762) Intergovernmental Revenue - - - - - - - Other Charges for Service 486,400 40,167 39,167 1,000 117,348 114,825 2,523 Municipal Court Fines 551,000 41,991 45,917 (3,926) 144,197 137,750 6,447 Interest Earnings 17,500 2,697 1,458 1,239 7,894 4,375 3,519 Contributions & Donations - 200 200 - 200 - 200 Other Revenue 23,140 3,374 1,928 1,446 14,506 5,785 8,721 Other Financing Sources 30,900 - - - 11,825 11,825 - Total Revenues 24,386,240 1,229,040 1,027,930 201,110 2,464,840 2,179,227 285,613 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,010 9,235 10,621 (1,387) 38,848 40,449 (1,601) City Clerk 192,358 11,850 15,102 (3,253) 43,086 48,806 (5,719) City Manager 675,067 46,024 50,198 (4,174) 141,571 165,253 (23,681) General Administration 39,414 661 3,118 (2,456) 6,646 9,354 (2,708) Finance 431,244 27,155 26,710 445 100,587 104,379 (3,792) Legal 230,000 13,325 13,325 - 38,516 38,516 - Information Technology 772,467 86,463 61,380 25,083 250,662 249,822 840 Human Resources 323,149 19,738 22,873 (3,135) 65,719 70,375 (4,656) Risk Management 251,855 15,966 15,966 - 49,899 49,899 - General Government Buildings 380,230 32,261 31,686 575 99,914 99,513 401 Public Information & Marketing 358,730 21,103 22,467 (1,364) 86,017 103,256 (17,239) Municipal Court 301,471 19,944 22,489 (2,545) 66,818 72,641 (5,823) Police 3,956,660 290,926 296,200 (5,274) 937,515 969,591 (32,075) Fire 5,566,535 401,289 408,429 (7,139) 1,321,947 1,360,180 (38,233) Public Works 1,724,863 127,578 129,055 (1,477) 366,121 368,855 (2,733) Parks & Recreation 950,945 28,510 39,159 (10,648) 406,772 450,057 (43,286) Community Development 978,451 60,845 75,685 (14,840) 236,398 246,360 (9,962) Economic Development 79,941 2,962 3,017 (55) 9,455 9,649 (194) Debt Service - Capital Lease Payment 184,517 - - - 179,117 179,117 - Operating Transfers to Other Funds 6,645,265 - - - - - - Operating Reserve 177,068 - - - - - - Total expenditures 24,386,240 1,215,835 1,247,480 (31,644)4,445,607 4,636,071 (190,464) Net Income/(Loss)0 13,205 (1,980,767) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 1 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 500$ -$ -$ (1,300)$ Interest Revenues - 2 4 (36) Crabapple Fest Sponsor 8,500 - 1,000 (6,500) Earth Day Sponsor 3,500 - - (4,000) Concert Sponsor 12,000 - - (500) Mayor's Run Sponsor 500 - - (2,000) Artisan Farmer's Market Sponsor 18,300 Craft Beer & Wine Festival Sponsor 35,000 Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - - (1,500) Roundup Food Sales - - - - Total revenues 78,750$ 2$ 1,004$ (15,836)$ EXPENDITURES Current: Special Events 123,825$ 4,624$ 28,236$ 36,859$ Total Expenditures 123,825$ 4,624$ 28,236$ 36,859$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 5,118$ 11,287$ (23,713)$ Total other financing sources and uses 40,000$ 5,118$ 11,287$ (23,713)$ Net change in fund balances (5,075)$ (15,945)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2014 2 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 - 222 18,243 18,243 Interest Revenues/State Funds - 2 7 7 Interest Revenues/Federal Funds - 5 15 15 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 230$ 18,265$ 18,265$ EXPENDITURES Current: Police 33,000$ -$ 4,683$ 13,317$ Total Expenditures 33,000$ -$ 4,683$ 13,317$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 13,582$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 34,144$ 70,567$ (729,433)$ Interest Revenue 175 30 66 (134) Total revenues 800,175$ 34,174$ 70,634$ (729,566)$ EXPENDITURES Current: Public Safety 821,000$ 1,315$ 3,935$ 1,113,327$ Total Expenditures 821,000$ 1,315$ 3,935$ 1,113,327$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 400,000$ -$ -$ -$ Net change in fund balances (420,825)$ 66,699$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ 5,118$ 11,287$ (43,713)$ Total revenues 60,000$ 5,118$ 11,287$ (43,713)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 40,000 5,118 11,287 (23,713) Total other financing sources and uses 60,000$ 5,118$ 11,287$ (43,713)$ 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 December 31, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ 414$ 414$ (69,586)$ Sidewalk Replacement Account - - 3,746 3,746 Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 90,000 - (90,000) HYA Fees - - - Interest Revenue 1,700 73 209 (1,491) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 161,700 487$ 4,370$ (157,330)$ EXPENDITURES Capital Outlay City Council 300,000$ 4,800$ 14,800$ 285,200$ General Admin 50,000 - - 50,000 Finance - - - - IT - - - - Police 2,003,626 76,050 154,314 1,849,312 Fire 1,853,287 2,915 129,801 1,723,486 Public Works 7,460,790 148,408 285,224 7,175,566 Parks & Recreation 1,284,351 449,072 719,150 565,201 Community Development 196,290 1,404 3,281 193,009 Total Capital Outlay 13,148,344$ 682,649$ 1,306,571$ 11,841,773$ Excess of revenues over expenditures (12,986,644) (682,162) (1,302,201) (11,999,103) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ -$ -$ (4,065,206)$ Transfers in from E-911 Fund 400,000$ Unallocated - - - - Lease Proceeds - - - - Proceeds of Sale of Assets - - - Budgeted Fund Balance - - - - Total other financing sources and uses 4,465,206 - - (4,065,206) Net change in fund balances (8,521,438) (1,302,201) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2014 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)188,623 - - (188,623) LMIG Funds 200,000 278,684 278,684 78,684 GDOT HPP Funds 5,514,052 - - (5,514,052) MARTA Grant 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 17,726 - - (17,726) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - 15,000 15,000 Interest Revenues - - 1 1 Total revenues 6,601,818$ 278,684$ 293,685$ (6,308,133)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 7,310,029$ 104,432$ 1,780,148$ 5,529,881$ Community Development 5,119 - - 5,119 Total Capital Outlay 7,315,148$ 104,432$ 1,780,148$ 5,535,000$ Excess of revenues over expenditures (713,330) 174,252 (1,486,463) (773,133) OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ -$ -$ 600,180$ Total other financing sources and uses 600,180$ -$ -$ 600,180$ Net change in fund balances (113,150) (1,486,463) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2014 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - 17 91 91 Contributions & Donations 100,000 - - (100,000) Total revenues 100,000$ 17$ 91$ (99,909)$ EXPENDITURES Capital Outlay General Government Buildings 3,133,611$ -$ -$ 3,133,611$ Parks & Recreation 9,439,124 503,691 1,210,526 8,228,598 Bond Principal 535,000 Bond Interest 300,000 - - 300,000 Total Capital Outlay 13,407,735$ 503,691$ 1,210,526$ 12,197,209$ Excess of revenues over expenditures (13,307,735) (503,674) (1,210,435) 12,097,300 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,979,879$ -$ -$ (1,979,879)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 11,579,879$ -$ -$ 7,620,121$ Net change in fund balances (1,727,856) (1,210,435) City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2014 8 HOME OF ' - MIL_-i�-_'; ()N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 11, 2015 FROM: City Manager AGENDA ITEM: Approval of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media Policy. MEETING DATE: Wednesday, February 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (� YES O NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR. 2 - REMARKS REMARKS © .* youm PHONE: 678.242.2500) FAX: 678.242.2499 Green *cetst��* TopYUU infoftifyofmilfonga.us I www.cityofmiltonga.us ��11�� Community } '=hof 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 "" a To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on 2/11/2015 for the 2/18/2015 Regular Council Meeting Agenda Item: Approval of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media Policy. ____________________________________________________________________________ Department Recommendation: Approve the attached document to be included in the city’s Personnel Handbook. Executive Summary: Given the multitude of concerns (legal, political, and ethical) raised by social networking (Facebook, Twitter, etc.) this policy establishes prudent and acceptable practices regarding usage of social networking by City of Milton officials and employees. Funding and Fiscal Impact: None Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis February 6, 2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Proposed Policy Social Networking Policy Page 1 of 5 SOCIAL NETWORKING A. PURPOSE Social media websites provide an opportunity for individuals to interact with people throughout the world. Given the multitude of concerns (legal, political, and ethical) raised by social networking (Facebook, Twitter, etc.) this policy establishes prudent and acceptable practices regarding usage of social networking by City of Milton officials and employees. While the City of Milton encourages its personnel to enjoy and make good use of their off-duty time, certain activities on the part of its personnel may become a problem if they have the effect of: impairing the work of any official or employee; harassing, demeaning, or creating a hostile working environment; disrupting the smooth and orderly flow of work; or harming the goodwill and reputation of the City among its citizens or in the community. For these reasons, the City reminds its personnel (officials, appointed board members and employees) that the following guidelines apply in their use of social media, both on and off duty. Under this policy, the City disavows, and is not responsible for, any sites, posts, opinions, or content not coordinated through and approved by the City Manager or his/her designee. If City personnel post data purporting or implying to be on behalf of the City while using a social media site without the approval of the City Manager or his/her designee, the City is not responsible for that content, such content is not to be construed as reflecting the views or opinions of the Mayor, City Council or other City management, and the City is not responsible for archiving such content in accordance with applicable records retention schedules, or providing copies in accordance with the Georgia Open Records Act. Furthermore, the absence of explicit reference to a particular site does not limit the extent of the application of this policy. If you are uncertain as to the propriety of a post, opinion or other content, consult your department head before proceeding. B. GENERAL GUIDELINES 1. While on duty, the use of City equipment or internet service by personnel must be limited to work-related tasks. Social media activities should never interfere with work commitments. 2. No personnel may post online content as a representative of the City, or on the City’s behalf, without the City Manager or his/her designee’s approval. 3. If discussing City-related issues, but not posting online content as an approved representative of the City or on the City’s behalf, all personnel must make it clear that they are speaking for themselves, and not on behalf of the City by displaying a disclaimer that states: “This is my own opinion and not necessarily an opinion or position held by the City of Milton, t he Mayor or the City Council.” 4. Employees who choose to maintain or participate in social media or social networking platforms while off-duty shall conduct themselves with professionalism and in such a manner Social Networking Policy Page 2 of 5 that will not reflect negatively upon the City. Be aware of your City of Milton association in online social networks. If you identify yourself as a City of Milton employee or have a public facing position for which your City of Milton association is known to the general public, ensure your online profile and related content (even if it is of a personal and not an official nature) is consistent with how you wish to present yourself as a City of Milton professional, appropriate with the public trust associated with your position. C. GUIDELINES FOR OFFICIAL CITY SOCIAL MEDIA SITES AND CONTENT 1. All City-sanctioned social media sites shall be maintained by the City Manager or his/her designee. Any content to be posted on City-sanctioned social media sites must meet the approval of the City Manager or his/her designee before it is posted. 2. All personnel that engage in social media activities on the City’s behalf and all City- sanctioned social media sites shall adhere to applicable federal, state and local laws, regulations and policies, including the Georgia Open Records Act and the records retention schedules issued by the Georgia Archives. All content must be managed, stored and retrieved to comply with these laws. 3. All online content posted as representative of the City, or on the City’s behalf, shall clearly indicate that it is subject to the records retention schedules issued by the Georgia Archives and public disclosure pursuant to the Georgia Open Records Act. All City-sanctioned social media sites shall clearly indicate that any articles and any other content posted or submitted for posting are subject to the aforementioned records retention schedules and public disclosure. Note, for purposes of this Policy each individual posting does not need the aforementioned disclaimer when such disclaimer is clearly posted on a social network sit e that contains the disclaimer in a readily accessible area of the site. 4. Any content posted as representative of the City, or content posted to a City-sanctioned social media site containing any of the following, shall not be allowed: a. Comments not topically related to the particular site or blog article being commented upon; b. Profane language or content; c. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; d. Sexual content or links to sexual content; e. Conduct or encouragement of illegal activity; Social Networking Policy Page 3 of 5 f. Information that may tend to compromise the safety or security of the public or public systems; or g. Content that violates a legal ownership interest of any other party. Any content removed from a City social media site will be maintained in accordance with the states open records act. 5. Content submitted for posting on a City-sanctioned social media site that is deemed unsuitable for posting by the City Manager or his/her designee because it violates criteria in the preceding item (Item 4, above) of this Policy, shall be retained pursuant to the applicable records retention schedules along with a description of the reason the specific content is deemed unsuitable for posting. Where hyperlinks are used on a City-sanctioned social media site, the site shall include a disclaimer which states: “The City does not gu arantee the authenticity, accuracy, appropriateness or security of the link, website, or content linked hereto.” 6. All data transmitted, received, accessed, or stored by the City of Milton network systems or a third-party vendor (cloud), remains the property of the City of Milton. The City of Milton reserves the right to access or audit this information in accordance with local, state and federal laws. Additionally, in the event an employee is no longer a City of Milton employee or doing work with the City of Milton, the City of Milton retains the ownership to all work-related data and login information that was created to perpetuate business for the City of Milton (i.e. passwords, usernames, customer lists created for City of Milton business, Twitter handles created for the City of Milton business). The employee is hereby notified that passwords and usernames are administrative identifications and do not create an expectation of privacy in the event of a routine audit, public record requests, lawsuit, and internal investigation. 7. The City Manager or his/her designee will maintain a listing of all employees authorized to post on all city social media sites. Employees are not allowed to create City of Milton websites without approval of the City Manager or his/her designee. D. GUIDELINES FOR PERSONAL SOCIAL MEDIA SITES AND CONTENT 1. Use common sense when using personal social media sites. Remember that what you write is public, may be public for a long time, and has the propensity to spread to large audiences. Employees should refrain from posting information that they would not want their supervisor or other employees to read or that they would be embarrassed to see in the newspaper or on television. The City expects its employees to be truthful, courteous, an d respectful toward supervisors, co-workers, citizens, customers, and other persons associated with the City. Employees shall not engage in name-calling or personal attacks or other such demeaning behavior. Social Networking Policy Page 4 of 5 2. Employees may use social media on their own time and using their own equipment, and may use social media to express their thoughts or ideas as long as they do not negatively impact the City of Milton’s policies or business. To ensure the City of Milton’s safety, operational fluidity, and public trust, the list below provides guidelines on prohibited conduct on an employee’s personal social media site. The list is not meant to be an exhaustive list of all prohibited conduct for personal social media use, but rather a guideline on forms of speech that are not protected under the First Amendment or allowed by the City of Milton: o Hate speech or libelous speech as such is defined by local, state or federal law; o Sexually harassing speech as such is defined by local, state or federal law; o Statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, or that might constitute harassment or bullying. Examples of such conduct include, but are not limited to, offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law; o Obscenity prohibited by local, state or federal law; o Fighting words, extortion, and other threats prohibited by local, state or federal law; o Disclosure of private health or financial information protected by local, state or federal law; o Disclosure of other confidential information protected by local, state or federal law; o Disclosure of confidential information gained during the course and scope of employment that compromises the safety of others; o Disclosure of information obtained from emergency dispatches—such as, personal health information, financial information, or private family information received in a dispatch; o On-duty or off-duty speech that compromises City investigations and the applicable department’s mission; and o All other speech prohibited by local, state or federal law not mentioned in this list. 3. Officials and employees agree to avoid persistent and unwelcome posts, pictures, audio, video or any other communication that harasses another co-worker, vendor or other third party. There is zero tolerance for any harassing communications to a co -worker, vendor or other third party based on race, sex, religion, creed, ancestry, national origin, age, disability, marital status, or other protected classification by state or federal law. Users also agree not to violate local, state or federal harassment laws. All employees are hereby notified they may be personally liable for social media harassment. To report violations of this provision, please refer to the City’s harassment policy which shall govern all harassing communications. 4. Officials and employees are not allowed to use their personal social media sites to display any video, audio, pictures, confidential work data, writings, logos or any other communications that identify their employment with the City of Milton. Where applicable, officials and employees are allowed to identify themselves as an employee of the City of Milton, however, if commenting on issues, but not posting online content as an approved representative of the City or on the City’s behalf, all personnel must make it clear that they are speaking for themselves, and not on behalf of the City by displaying a disclaimer that Social Networking Policy Page 5 of 5 states: “This is my own opinion and not necessarily an opinion or position held by the City of Milton, the Mayor or the City Council.” In no situation shall officials or employees insinuate that the City of Milton endorses or authorizes the employee’s personal website, blog or private social network account. Additionally, no one is to directly or indirectly suggest that the City of Milton endorses a commercial service or product. 5. Personal or business venture social media account names shall not be tied to the City. For example, CityofMiltonEmployee would not be an appropriate personal account name or “handle” for a social media account. 6. Employees, City contract employees, and City volunteers shall not use their City email account or password in conjunction with a personal social networking site. 7. To others online, there is no clear distinction between your work life and your personal life. Always be honest and respectful in both capacities. Any violation of this policy is subject to disciplinary action up to and including termination. HOME OF' Vt I LTO IN ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 11, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at Fire Station 41. MEETING DATE: Wednesday, February 18, 2015 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 ONO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY C1 TY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 7- 10 1 5 REMARKS V4 © 30 Your PHONE: 67$.2422500 I FAX: 678.242.2499 ®Green "P C�c; ce«js� + r E;;,ay `.,f'r inFoityoimiM1l'ILDLIFCommunity i onga.us j www.cityofmilfonga.us � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 " ""''�`d ON To: Honorable Mayor and City Council Members From: Carter Lucas, PE Date: Submitted on February 12, 2015 for the February 18, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at Fire Station 41 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract is to provide general maintenance and renovation services for Fire Station 41. These services include cleaning and polishing the floors, painting the interior of the station and replacing the temporary partitions in the bunk space with permanent walls and doors, smoke detectors and exit signage. Funding and Fiscal Impact: Funding for this project is not to exceed $16,712.33 and is available in the Capital Projects fund for Fire Station 41 Renovations. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 1/12/2015 Concurrent Review: Chris Lagerbloom, City Manager 1 CONSTRUCTION SERVICES AGREEMENT FOR Fire Station #41 Renovations This Agreement (the “Agreement”) to provide building renovations is made and entered into this ___ day of ____, 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”) and, Prime Contractors, Inc., a Georgia corporation with its principal place of business located at 3406 Florence Circle, Powder Springs, Georgia 30127 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, O.C.G.A. 36-69A-4 allows cities to participate in cooperative purchasing agreements; and WHEREAS, the ezIQC process offers on-call facility repair and construction services under a statewide contract SWC90818; and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Exhibit “A” [RESERVED]; 2 C. Bid from Contractor dated December 1, 2014 (7 Pages) and amended on January 5, 2015 (5 pages), attached hereto as Exhibit “B”; D. Exhibit “C” [RESERVED]; E. Exhibit “D” [RESERVED], F. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; G. Subcontractor Affidavit, attached hereto as Exhibit “F”; H. Exhibit “G” [RESERVED], I. Final Affidavit, attached hereto as Exhibit “H”, J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the remodeling of Fire Station #41 to provide enclosed bunk room space, cleaning of the floors and interior painting based on the scope of work provided by the contractor in Exhibit B. Section 3 The Work The Work is specified and indicated in the Contract Documents (the “Work”). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on ___________. Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 3 Section 5 Contractor’s Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $16,712.33 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective 4 work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this 5 Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative Branson Washington shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. 6 H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. 7 J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 8 (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. 9 (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by 10 Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited 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 “E” and “F” (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 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. 11 The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, 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 “F”, 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.] ____ 500 or more employees. 12 ____ 100 or more employees. ____ Fewer than 100 employees. 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. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. 13 N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. 14 The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the 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 the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City’s Representative Carter Lucas shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor 15 shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. 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. 16 D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Prime Contractors, Inc., 3406 Florence Circle, Powder Springs, Georgia 30127 F. 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. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, 17 embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. 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 I 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 FOLLOWING PAGE] 18 Prime Contractors, Inc. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness (Corporate Secretary should attest) _______________________________________ Print Name _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ EXHIBIT “A” [RESERVED] EXHIBIT “B” BID FROM CONTRACTOR EXHIBIT “C” [RESERVED] EXHIBIT “D” [RESERVED] EXHIBIT “E” 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 Prime Contractors, Inc. Name of Contractor Fire Station #41 Renovations 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 “F” 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 Prime Contractors, 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 Fire Station #41 Renovations 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 “G” [RESERVED] EXHIBIT “H” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Prime Contractors, Inc. or any of its subcontractors in connection with the construction of the Fire Station #41 Renovations for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of ________________________________ that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ 011 HOME OF ` M I LTO N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 11, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sterling Arcade, Inc. dba Paradise Biryani Pointe, Located at 5310-D Windward Parkway, Milton, Georgia 30004. MEETING DATE: Wednesday, February 18, 2015 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 ( NO CITY ATTORNEY REVIEW REQUIRED: () YES ) NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: QZI�['S REMARKS you (m PHONE: 678.242.25001 FAX: 678.242.2499 Green *cernffed* Top k0U l�'LLDL[FF Community =145 info@cityo#miltonga.us I www.ci#yofmiltanga.us y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '�`` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 23, 2015 for the February 18, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sterling Arcade, Inc. dba Paradise Biryani Pointe, Located at 5310 D Windward Parkway, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sterling Arcade, Inc. dba Paradise Biryani Pointe for consumption on premises of wine and malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sterling Arcade, Inc. dba Paradise Biryani Pointe Contact Name: Raheem Budhani Business Address: 5310 D Windward Parkway, Milton, GA 30004 Type of License: Consumption on Premises – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager John A Huey, Interim Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. HOME OF ' FSTABLi5HFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 11, 2015 FROM: City Manager AGENDA ITEM: Consideration of U14-031VC14-03 — 14250 Birmingham Highway, by Lauren Dillon — To Operate an Artist Studio (Sec. 64-1843) within an Existing Building and to Request a Concurrent Variance to Allow Outside Storage [Sec. 64-1843(b)(1)]. MEETING DATE: Wednesday, February 18, 2015 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 O NOT APPROVED NO } NO APPROVAL BY CITY ATTORNEY O APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS 9110 Your *** PHONE: 678.242.25001 FAX: 678.242.2499 Green "� *Certified* r;400 WILDLIFE Communit �, Fah; ' intoC�cityofmiitonga.us I www.cityofmiftonga.us y 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 a` Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 1 of 16 PETITION NUMBERS U14-03/VC14-03 ADDRESS 14250 Birmingham Hwy DISTRICT, LAND LOT 2/2, 737 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Artist Studio (Sec 64-1843) ACRES 7.912 EXISTING USE Single Family Residence, metal shop building, and accessory structures PROPOSED USE Artist Studio in existing shop building OWNER/PETITIONER Lauren Dillon ADDRESS 14250 Birmingham Hwy Milton, GA 30004 REPRESENTATIVE Scott Reece / Brumbelow-Reese & Associates, Inc. ADDRESS 13685 Highway 9 Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JANUARY 28, 2015 U14-03- APPROVAL CONDITIONAL VC14-03 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – JANUARY 28, 2015 U14-03- APPROVAL CONDITIONAL VC14-03 – APPROVAL CONDITIONAL A request to operate an artist studio (Sec. 64-1843) within an existing building and to request a concurrent variance to allow outside storage (Sec. 64-1843(b)(1)) Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 2 of 16 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 3 of 16 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 4 of 16 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 5 of 16 SITE PLAN SUBMITTED – October 1, 2014 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 6 of 16 Workshop looking west Southern property line Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 7 of 16 Northern property line Driveway looking east toward Birmingham Hwy SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 4,988 square foot single family residence, a 3,296 square foot metal shop building and other Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 8 of 16 accessory structures built on 7.912 acres. The site is heavily vegetated with Chicken Creek as the north property line. In addition, there are steep slopes going from the south toward the creek. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 1, 2014, Staff offers the following considerations: In the applicant’s letter of intent received by the Community Development Department on October 1, 2014, it indicates that the applicant seeks a Use Permit for an artist studio within the existing 3,296 square foot metal building. The applicant is also requesting a concurrent variance to allow outside storage. In addition, the letter states that the proposed hours of operation would not exceed 8 a.m. to 6 p.m. Monday through Friday and 9 a.m. to 6 p.m. on Saturday and Sunday. The applicant also states that there are no additional structures or additional impervious areas for the permit. The intent is to preserve the agricultural customs of the area, as the artist uses traditional blacksmithing techniques to create his artwork. Artist Studio (Section 64-1843) Required Standard Meets the Standard 1. No outside storage allowed. No, see Concurrent Variance Request VC14-03 2. Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to constitute a nuisance. Yes 3.a. The artist shall reside on the property. Yes The 3.b. The number of employees who can work on the premises shall be determined by the mayor and city council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. 2 employees 3.c. Only articles or goods produced, assembled, processed or manufactured on the site shall be sold or exhibited in the studio or on the property. Yes 3.d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the mayor and city council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. The property is 7.9 acres and the workshop is 3,296 square feet. The size of the property is more than large enough to accommodate the accessory structure. 7. T 3.e. An accessory structure may contain bathroom facilities and running water. There is no bathroom or running water in the workshop. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 2/12/2015 U14-03/VC14-03 Page 9 of 16 3.f. No person may reside within the accessory structure used as a studio. There will be no one residing in the accessory structure. A s 3.g. A studio located within the primary residence, shall not exceed the smaller of 25 percent of the gross floor area of the dwelling unit or 750 square feet. Does not apply. 3.h. If applicable, hours for customers to visit the studio and deliveries shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Saturday. No, See discussion below. Hours of operation: Mon-Fri – 8 a.m. to 6 p.m; Sat . and Sun – 9 a.m. to 6 p.m. Deliveries: Mon-Fri – 9 a.m. to 5 p.m. Discussion of Use Permit Standards The applicant does have outside storage and therefore does not meet the standard. The following concurrent variance is being requested. VC14-03 – To allow outside storage (Sec. 64-1843(b)(1)) The proposed site plan indicates outside storage on the north side of the workshop building which would keep the materials out of sight, as it does not have exposure to any other buildings adjoining the property. There is heavy vegetation on the site and the property is higher in elevation and therefore cannot be seen. In addition, the sizes of the sculptures that are created require large pieces of metal that are too large to be placed within the workshop. It is Staff’s opinion that this request meets the following considerations for the concurrent variance. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends that VC14-03 be APPROVED. Staff notes that during the CZIM meeting and the DRB meeting, the adjacent property owner to the south was in attendance stating that they experienced vibrations within their home while the applicant’s hammer was in operation. Based on this input, the DRB recommended that the applicant install additional insulation to the building and to allow Staff to conduct sound readings. The Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 10 of 16 applicant also indicated that he would install pads under the hammer to decrease the vibration that runs through the subterranean granite. Since the time of the DRB meeting in November, based on the DRB’s recommendation to defer the item to allow Staff to cond uct sound readings, the applicant installed additional insulation on the south wall of the workshop and pads to decrease the vibration. The City of Milton Code Enforcement Officer, Deidre Jones and Robyn MacDonald were on site with the applicant and their representative to test the noise levels and vibration. Sound tests were conducted at two locations on the property line, one being the closest to the home to the south and the other further to the west where Highgrove Subdivision is currently under construction. In both instances, the DBA did not exceed the allowable 65 DBA at the property line. In addition, Staff did not feel any vibrations at those same locations while the hammer was in operation. Therefore, it is Staff’s opinion that the operation of the equipment used by the applicant does not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to constitute a nuisance. The applicant has submitted the following regarding hours of operation, Monday through Friday, 8:00 a.m. to 6:00 p.m.; Saturday and Sunday, 9:00 a.m. to 6:00 p.m. and deliveries as noted in the chart above. The proposed hours during the weekdays and weekend are longer than the Use Permit Standards permit and are not conducive to the surrounding area. Therefore, Staff recommends that the hours of operation be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturday and 12 noon to 5:00 pm. on Sunday. These hours will be reflected in the Recommended Conditions. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1144. City Arborist The proposed Use Permit will not impact any specimen trees based on the fact that there will be no improvements to the site. Fire Marshal The Fire Marshal and Building Official have made an on-site visit and have determined that the existing workshop can meet fire code and building code requirements. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 11 of 16 Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there is floodplain, Chicken Creek and its associated buffers and slopes of 25 percent or greater. In addition there are specimen trees but they will not be impacted by the proposed use. There is no endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On October 28, 2014 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were five people in attendance at the meeting. The following issues were brought up at the meeting: Hours of operation. Noise level of the work in the shop. The vibration from the operation of the work in the shop. City of Milton Design Review Board Meeting Courtesy Review – November 4, 2014 The following comments were made at the meeting: Good example of home business; no reason to not go forward with the business. Applicant should do some kind of sound proofing on the metal building. Suggest that we defer until we can get a definite answer as to what the noise levels are. Applicant shall have the noise/vibration levels tested and return to the DRB for the January meeting. City of Milton Design Review Board Meeting Courtesy Review – January 6, 2015 The following comments were made at the meeting: The applicant added padding under the hammer, and added insulation to the building. Staff observed the sound tests while the equipment was in operation. The noise level generated by the equipment in operation is less than City maximums, as measured at the property lines. Also, they encountered no vibration from the machinery. Applicant has met the Design Review Board’s requests. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 12 of 16 Public Participation Plan and Report The applicant submitted the Public Participation Report on January 13, 2015. The public participation meeting was held on October 30, 2014 from 5:30 to 8:00 p.m. at the offices of Brumbelow-Reese Surveying on Hwy 9. There were no attendees at the meeting. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the Low Density Residential (LDR) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the LDR land use category. In addition, the following Plan Policies are consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” “We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs.” Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is adjacent to Chicken Creek to the north, Stars Soccer Complex pursuant to U98-64 to the east. To the south are scattered single family residences and to the west is Highgrove Subdivision under construction zoned CUP (Community Unit Plan) with minimum one acre lots. It is Staff’s opinion that the proposed Artist Studio is compatible with adjacent and nearby properties if approved with the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 13 of 16 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the proposed use has only two employees, limited customers to the location and limited deliveries. 4. The location and number of off-street parking spaces; The required number of parking spaces is one space per 1,000 square feet. Based on this requirement, a total of 3 parking spaces are required. There is sufficient space on the existing concrete driveway to provide the required parking. In addition, the parking will not be seen from Birmingham Highway. 5. The amount and location of open space: The proposed site provides for a large area of open space which surrounds the workshop. 6. Protective screening: The Use Permit development standards for an artist studio or the Rural Milton Overlay District do not require protective screening. 7. Hours and manner of operation: The applicant has submitted the following regarding hours of operation, Monday through Friday, 8:00 a.m. to 6:00 p.m.; Saturday and Sunday, 9:00 a.m. to 6:00 p.m. and deliveries as noted in the chart above. The proposed hours during the weekdays and weekend are longer than the Use Permit Standards permit and are not conducive to the surrounding area. Therefore, Staff recommends that the hours of operation be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturday and 12 noon to 5:00 pm. on Sunday. These hours will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 14 of 16 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The proposed ingress and egress to the Artist Studio is via Birmingham Highway. CONCLUSION If approved with the Recommended Conditions, the proposed artist studio is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U14-03 be APPROVED CONDITIONAL. Additionally, Staff recommends VC14-03 be APPROVED. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 15 of 16 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for an Artist Studio (Sec. 64-1843) 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) An artist studio within the existing 3,296 square foot building. b) The hours of operation shall be the following: i. Monday through Friday: 8:00 a.m. to 5:00 p.m. ii. Saturday: 10:00 a.m. to 5:00 p.m. and Sunday: 12:00 noon to 5:00 p.m. c) The hours of deliveries shall be the following: i. Monday through Friday: 9:00 a.m. to 5:00 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 1, 2014. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow outside storage on the north side of the existing 3,296 square foot building as depicted on the site plan received by the Community Development Department on October 1, 2014. (VC14- 03) Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 16 of 16 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department and Georgia Department of Transportation, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works and Georgia Department of Transportation. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way as required by Georgia Department of Transportation ORDINANCE NO._______ PETITION NO. U14-03/VC14-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1843) FOR AN ARTIST STUDIO ON 7.912 ACRES LOCATED AT 14250 BIRMINGHAM HWY BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 18, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 14250 Birmingham Hwy, consisting of a total of approximately 7.912 acres as described in the attached legal description, a Use Permit for an event facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 737 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for an artist studio listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1843 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of February, 2015. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for an Artist Studio (Sec. 64-1843) 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) An artist studio within the existing 3,296 square foot building. b) The hours of operation shall be the following: i. Monday through Friday: 8:00 a.m. to 5:00 p.m. ii. Saturday: 10:00 a.m. to 5:00 p.m. and Sunday: 12:00 noon to 5:00 p.m. c) The hours of deliveries shall be the following: i. Monday through Friday: 9:00 a.m. to 5:00 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 1, 2014. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow outside storage on the north side of the existing 3,296 square foot building as depicted on the site plan received by the Community Development Department on October 1, 2014. (VC14-03) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department and Georgia Department of Transportation, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works and Georgia Department of Transportation. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way as required by Georgia Department of Transportation Site Plan Submitted October 1, 2014 HOME OF ` sm LTONIPI ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 11, 2015 FROM: City Manager AGENDA ITEM: Consideration of ZM15-01 — 13895 Hopewell Road by Jeff Runner — To Modify Condition 2.a. to Include a 40x60 Pavilion on the Site and to Modify Condition 1.c to Increase the Number of Guests from 150 to 250. MEETING DATE: Wednesday, February 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: l , APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES ) NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: Q 2 18 I,S REMARKS ©.* you In - PHONE: 678.242.25001 FAX: 678.242.2499 infofcityofmiltonga.us I www.cityofmlltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Green�s► , Community *Cer�ieci r Top 10U City of Ethics Page 1 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) PETITION NUMBER ZM15-01 PROPERTY INFORMATION ADDRESS 13895 Hopewell Road DISTRICT, LAND LOTS 2/2, 820 and 837 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) Use Permit for Special Event Facility – U13-04/VC13-04 and V14-09 ACRES 4.697 EXISTING USE Single Family Residence, barn and accessory structures OWNER/APPLICANT Jeff Runner 75 Swan Center Drive Dawsonville, GA 30148 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – FEBRUARY 18, 2015 ZM15-01 – APPROVAL CONDITIONAL OF CONDITIONS 2.a. and 1.c. INTENT To modify condition 2.a. to include a 40x60 pavilion on the site plan and to modify condition 1.c. to increase the number of guests from 150 to 250. Page 2 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Location Map Page 3 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Current Zoning Page 4 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Revised Site Plan submitted on January 6, 2015 Page 5 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Site Plan submitted September 26, 2013 (Approved on January 22, 2014) Page 6 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Approximate location of proposed pavilion on the west side of the house. Page 7 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Background and History The Mayor and City Council approved a Use Permit for an event facility in January 2014. The proposed event facility allowed only the existing structures and no other structures to be built or enlarged. In addition, the maximum number of guests permitted was 150. Since the time of the approved use permit, Mr. Runner has been working with the City Staff to design the necessary sprinkler system within the large house that is to be utilized as the primary area for the events. CZIM Meeting on January 27, 2015 The applicant was present at the meeting but there were no community members or neighbors in attendance. Requested Modifications Proposed Modification Request – To modify condition 2.a. to include a 40x60 pavilion on the site plan (Approved pursuant to U13-04 on January 22, 2014)) The applicant has requested in the letter of intent dated January 19, 2015 to replace the original site plan approved pursuant to U13-04 with a revised site plan submitted to the Community Development Department on January 6, 2015. This site plan proposes to include a 40’x60’ pavilion. The applicant has stated the following reasons for the change in the letter of intent: “Although our plans are to have most of the events inside the house, we do plan to allow a few outside events. We would rather build a nice looking pavilion in which to hold the outside events, rather than erect tents. Additionally, we have discovered that if we serve food in the house then we have to install a full commercial sprinkler system, which is very expensive and requires extensive modifications to the house. If we don’t serve food, then a residential system in the assembly areas are all that is required. This system is far less expensive, utilizes the existing water system, and is not any way near as intrusive to the facility. For those events in the house that will be serving food, the food will be served in the pavilion and then the rest of the event will be held inside the house.” The following are the existing and proposed conditions: EXISTING Condition 2.a – To the revised site plan received by the Community Development Department on September 26, 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted Page 8 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. PROPOSED Condition 2.a- To the revised site plan received by the Community Development Department on January 6, 2015. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for 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. The proposed pavilion (with no walls) located between the house and Hopewell Road with the additional pasture between the pavilion and Hopewell Road also owned by Mr. Runner should not have a negative impact on the Bethany Oaks Subdivision located further to the east. In addition, by building a permanent structure and not utilizing tents, the overall appearance of the site will be maintained. Therefore, Staff recommends that Condition 2. a. be APPROVED to include a pavilion as depicted on the revised site plan submitted on January 6, 2015. Proposed Modification Request - 1.c. To increase the number of guests from 150 to 250. The applicant has requested in the letter of intent dated January 19, 2015 to increase the number of guests from 150 to 250 which was approved pursuant to U13-04. The applicant has stated the following reasons for the change in the letter of intent: “During the hearing for the original application we stated that an event with 150 to 160 people was the maximum size we would like to host on our property. However, when speaking with prospective clients we have discovered that many of them have an invitation list of around 200 people. Even though we are well aware that not everyone invited actually attends, we are not comfortable hosting the event that could lead to a violation of the use permit. Therefore, even though our target attendance is not to exceed 150 to 160 people, we would like to have the use permit increased to legally allow 250.” The following are the existing and proposed conditions: EXISTING Condition 1.c. - The number of guests shall not exceed 150 people for a single event. PROPOSED Condition 1.c. - The number of guests shall not exceed 250 people for a single event. Page 9 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Staff has evaluated the applicant’s request to increase the number of guests from 150 to 250 people for a single event. Based on the applicant’s parking plan submitted with the original Use Permit, the site can accommodate between 88 and 106 parking spaces . This meets the required number spaces of 74 based on the largest assembly place without fixed seating. The ballroom within the house is approximately 2,600 square feet and the proposed pavilion is 2,400 square feet in size. It is Staff’s opinion that granting the requested 250 guest limit would pose a potential parking problem on the site based on the fact there are a maximum of 106 parking spaces. Practically, one assumes that there are a minimum of two guests per car and sometimes attendees will attend without a plus one. In addition, the applicant will be required to adhere to the existing conditions pursuant to U13-04 that requires “Artificial sound emitting from the facility shall cease at 10:00 p.m.” and “Artificial sound shall be allowed only on the west side of the property”. Based on the parking issue, Staff recommends that the number of guests be increased from the existing 150 to 200. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 1.c. to indicate 200 guests. Page 10 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U13-04) should be revised to read as follows: 1) To the owner’s agreement to restrict the use of the subject property as follows : c) The number of guests shall not exceed 200 people for a single event. 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on January 6, 2015. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for 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. ORDINANCE NO. PETITION NO. ZM15-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF AN ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL APPROVING PETITION U13-04 ON JANUARY 22, 2014, PROPERTY LOCATED AT 13895 HOPEWELL ROAD WITHIN LAND LOTS 820 AND 837, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 4.697 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 18, 2015 at 6:00 p.m. as follows: SECTION 1. That the conditions of an ordinance, approved on January 22, 2014, for petition U13-04 that approved a Use Permit for a Special Event Facility (Sec. 64-1812) property located at 13895 Hopewell Road consisting of a total of approximately 4.697 acres, attached hereto and made a part herein; SECTION 2. 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 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of February, 2015. Approved: ___________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U13-04) should be revised to read as follows: 1) To the owner’s agreement to restrict the use of the subject property as follows: c) The number of guests shall not exceed 200 people for a single event. 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on January 6, 2015. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for 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. Revised Site Plan Submitted January 6, 2015 (ZM15-01)