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HomeMy WebLinkAboutAgenda Packet CC - 12/21/2015 - 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 Monday, December 21, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Stonecreek 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. 15-311) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 21 , 2015 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the November 9, 2015 Work Session Council Meeting Minutes. (Agenda Item No. 15-312) (Sudie Gordon, City Clerk) 2. Approval of the November 16, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-313) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending November, 2015. (Agenda Item No. 15-314) (Bernadette Harvill, Finance Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 at Bethany Bend Signal Modification Design. (Agenda Item No. 15-315) (Carter Lucas, Assistant City Manager) 5. Approval of a Professional Services Agreement between the City of Milton and Brumbelow-Reese and Associates, Inc. for Additional Survey Work for Providence Park. (Agenda Item No. 15-316) (Carter Lucas, Assistant City Manager) 6. Approval for the Execution of a Contract with Extra Mile Auto Tire and Service as an Additional Vendor for Vehicle Maintenance of the Police Fleet. (Agenda Item No. 15-317) (Steven Krokoff, Chief of Police) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Principal Nancy J. Murphy’s Contribution to the Citizens of Milton. MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 21 , 2015 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to Provide for Sales of Wine and/or Beer by the Package by Licensed Retail Consumption Dealers. (Agenda Item No. 15-318) (Stacey Inglis, Assistant City Manager ) 8) PUBLIC HEARING 9) ZONING AGENDA 1. Consideration of RZ15-25 – 13201 Deerfield Parkway by Inwood Holdings, LLC to Rezone from T-5 Limited to A (Medium Density) Apartments for the Existing 356 Unit Apartment Development (North Park Apartments). (Agenda Item No. 15-305) (First Presentation at December 7, 2015 City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ15-26 – To Create a New Use Permit for Alternative Housing for Seniors in AG-1 and Single Family Residential Districts. (Agenda Item No. 15-306) (First Presentation at December 7, 2015 City Council Meeting) (Kathleen Field, Community Development Director) 3. Consideration of RZ15-27 – To amend the Signs, Article XVI of the Zoning Ordinance (Chapter 64). (Agenda Item No. 15-307) (First Presentation at December 7, 2015 City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing A Member to the City of Milton Comprehensive Plan Advisory Committee from District 3/Post1 and Appointing an Elected Official to CPAC. (Agenda Item No. 15-319) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 21 , 2015 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of a Resolution Appointing or Reappointing Members to Milton Grows Green for the City of Milton. (Agenda Item No. 15-320) (Mayor Joe Lockwood) 3. Consideration of a Waiver of Conflict Regarding Jarrard & Davis, LLP’s Relationship with Pond & Company in Relation to the Representation of the City of Milton in Connection with Pond & Company for Provisions of a Signal Modification Design for SR 9 at Bethany Bend. (Agenda Item No. 15-321) (Ken Jarrard, City Attorney) 4. Consideration of the following Subdivision Plats. Name of Development Action Comments Rivers Edge Subdivision Final Plat Create lots 23 lots Blue Valley Subdivision Phase IIB Final Plat Create 22 lots David & Stacy Jackson Property Minor Subdivision Plat Create 2 lots North Valley Minor Subdivision Plat Re-plat of 2 lots, unit 2 Oakmont at Crabapple Final Subdivision Plat Create 33 lots Susan J. Wheatley Minor Subdivision Plat Create 3 lots Sixto Omar Martinez Rivera & Jose Gabriel Montalva Alvarez Minor Subdivision Plat Create 2 lots Cambridge Estates Minor Subdivision Plat Create 3 lots Manorview Phase 3 Final Plat Create 27 lots Parkside at Silos Final Subdivision Plat Create 14 lots Colins Hill Farm Minor Subdivision Plat Create 3 lots (Agenda Item No. 15-322) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 21 , 2015 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration of a Resolution of the Milton City Council Consenting to the Expansion of North Fulton Community Improvement District. (Agenda Item No. 15-323) (Chris Lagerbloom, City Manager) 6. Consideration of the City of Milton’s Strategic Plan 2016-2020. (Agenda Item No. 15-324) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement 5. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-325) The minutes were provided electronically HOME OF ' MI'LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 17, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending November 2015. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Q(J APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES Y, NO CITY ATTORNEY REVIEW REQUIRED: () YES ) NO APPROVAL BY CITY ATTORNEY ()APPROVED O NOT APPROVED PLACED ON AGENDA FOR: �2zI1S REMARKS ® youm PHONE: 67$.2422500)FAX: 678.292.2499 GreEli 1P *Cercfffai* roowo inloC cityofmiltonga.us J www.cityofmiltonga.us ti�m� Community 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Manager Date: Submitted on December 14, 2015 for the December 21, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 2 – November 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.62% over what is anticipated for the second period of the fiscal year. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $2,763,590 and are 6.69% 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 $15,879,113, capital expenditures-to-date total $127,471. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending November 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 9,902,000 - - - - - - Motor Vehicle Tax 975,000 78,314 81,250 (2,936) 78,314 81,250 (2,936) Intangible Tax 200,000 23,018 16,667 6,352 23,018 16,667 6,352 Real Estate Transfer Tax 85,000 10,641 7,083 3,558 10,641 7,083 3,558 Franchise Fees 1,900,000 - - - - - - Local Option Sales Tax 8,300,000 683,580 691,667 (8,087) 683,580 691,667 (8,087) Alcohol Beverage Excise Tax 295,000 23,438 24,583 (1,145) 23,438 24,583 (1,145) Business & Occupation Tax 650,000 304 - 304 1,219 - 1,219 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 39,000 - - - - - - Penalties & Interest 32,300 4,663 2,692 1,971 5,666 5,383 283 Alcohol Beverage Licenses 145,000 112,427 108,750 3,677 128,027 123,250 4,777 Other Non-Business Permits/Licenses 16,800 1,550 1,400 150 3,637 2,800 837 Zoning & Land Disturbance Permits 217,100 15,152 18,092 (2,940) 40,627 36,183 4,444 Building Permits 480,000 38,850 40,000 (1,150) 98,527 80,000 18,527 Intergovernmental Revenue - - - - - - - Other Charges for Service 600,000 29,980 35,907 (5,927) 65,916 69,195 (3,279) Municipal Court Fines 550,000 51,603 45,833 5,770 109,067 91,667 17,400 Interest Earnings 20,450 2,824 1,704 1,119 5,619 3,408 2,211 Contributions & Donations - - - - 493 - 493 Other Revenue 47,628 1,915 350 1,565 13,139 9,748 3,391 Other Financing Sources 38,000 - 1,500 (1,500) - 3,000 (3,000) Total Revenues 26,293,278 1,078,260 1,077,478 782 1,290,929 1,245,884 45,046 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 171,375 16,065 9,710 6,355 34,223 33,232 991 City Clerk 193,574 9,834 12,517 (2,683) 26,741 30,795 (4,053) City Manager 705,273 47,680 52,853 (5,173) 120,917 119,273 1,644 General Administration 43,557 1,735 2,570 (835) 3,549 6,004 (2,455) Finance 427,877 36,162 30,598 5,564 74,204 67,179 7,025 Legal 230,000 - 19,167 (19,167) 16,060 19,167 (3,107) Information Technology 863,103 25,036 34,548 (9,512) 157,162 162,135 (4,973) Human Resources 341,602 16,803 20,089 (3,286) 39,646 44,718 (5,072) Risk Management 216,328 - - - 712 712 - General Government Buildings 396,421 32,202 33,035 (833) 64,440 66,070 (1,630) Public Information & Marketing 309,345 11,604 23,096 (11,492) 44,767 51,844 (7,077) Municipal Court 335,708 20,072 26,047 (5,975) 48,726 59,054 (10,328) Police 4,202,095 262,861 301,175 (38,314) 601,395 661,611 (60,216) Fire 5,997,260 415,097 444,052 (28,956) 1,087,364 1,152,830 (65,467) Public Works 2,029,695 159,647 152,751 6,897 276,931 282,774 (5,843) Parks & Recreation 1,509,405 24,417 34,473 (10,055) 41,312 61,068 (19,755) Community Development 688,885 43,983 54,084 (10,101) 100,258 115,838 (15,580) Economic Development 78,588 3,005 4,218 (1,213) 25,182 27,483 (2,301) Debt Service - Capital Lease Payment - - - - - - - Operating Transfers to Other Funds 12,564,834 - - - - - - Operating Reserve 187,401 - - - - - - Total expenditures 31,492,326 1,126,202 1,254,982 (128,780)2,763,590 2,961,786 (198,196) Net Income/(Loss)(5,199,048)(47,942)(1,472,660) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 2,000$ -$ -$ (2,000)$ Hometown Jubilee Vendor Fee 1,000 - - (1,000) Interest Revenues - - - - Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 4,500 - - (4,500) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees - - - - Roundup Food Sales - - - - Total revenues 23,500$ -$ -$ (23,500)$ EXPENDITURES Current: Special Events 79,140$ 7,042$ 16,005$ 63,135$ Total Expenditures 79,140$ 7,042$ 16,005$ 63,135$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 47,000$ 6,753$ 6,753$ (40,247)$ Total other financing sources and uses 47,000$ 6,753$ 6,753$ (40,247)$ Net change in fund balances (8,640)$ (9,252)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/Federal Funds - 5,990 36,472 36,472 Interest Revenues/State Funds - 2 4 4 Interest Revenues/Federal Funds - 6 11 11 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 5,998$ 36,487$ 36,487$ EXPENDITURES Current: Police -$ 2,894$ 2,894$ (2,894)$ Total Expenditures -$ 2,894$ 2,894$ (2,894)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 33,593$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 36,257$ 36,257$ (853,743)$ Interest Revenue - - - - Total revenues 890,000$ 36,257$ 36,257$ (853,743)$ EXPENDITURES Current: Public Safety 909,080$ -$ 1,589$ 907,491$ Total Expenditures 909,080$ -$ 1,589$ 907,491$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 300,000$ -$ -$ -$ Net change in fund balances (319,080)$ 34,668$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 6,753$ 6,753$ (60,247)$ Total revenues 67,000$ 6,753$ 6,753$ (60,247)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 6,753 6,753 (40,247) Total other financing sources and uses 67,000$ 6,753$ 6,753$ (60,247)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 90,000$ -$ -$ (90,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 120,000 - (120,000) HYA Fees - - - Interest Revenue 500 - - (500) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 210,500 -$ -$ (210,500)$ EXPENDITURES Capital Outlay City Council 710,069$ -$ -$ 710,069$ General Admin 13,762 - - 13,762 Finance - - - - IT - - - - Court 100,000 - - 100,000 Police 1,079,618 - - 1,079,618 Fire 2,571,791 - 2,915 2,568,876 Public Works 8,759,757 93,206 111,776 8,647,981 Parks & Recreation 2,309,424 - 12,780 2,296,644 Community Development 334,692 - - 334,692 Total Capital Outlay 15,879,113$ 93,206$ 127,471$ 15,751,642$ Excess of revenues over expenditures (15,668,613) (93,206) (127,471) (15,962,142) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 8,327,979$ -$ -$ (8,327,979)$ Transfers in from E-911 Fund 300,000$ (300,000)$ Unallocated - - - -$ Lease Proceeds - - - -$ Proceeds of Sale of Assets - - -$ Budgeted Fund Balance - - - - Total other financing sources and uses 8,627,979 - - (8,627,979) Net change in fund balances (7,040,634) (127,471) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 7 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)146,732 - - (146,732) CDBG 20,500 650 5,250 (15,250) LMIG Funds 200,000 - - (200,000) GDOT HPP Funds 5,930,730 - - (5,930,730) MARTA Grant 74,650 - - (74,650) SR 9 @ Bethany Bend Grant 872 - - (872) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - - - - Total revenues 6,877,546$ 650$ 5,250$ (6,872,296)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 6,221,004$ 420,740$ 421,151$ 5,799,853$ Community Development 4,900 - - 4,900 Total Capital Outlay 6,225,904$ 420,740$ 421,151$ 5,804,753$ Excess of revenues over expenditures 651,642 (420,090) (415,901) (1,067,543) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,411,202$ -$ -$ (1,411,202)$ Transfers in to General Fund - -$ -$ -$ Budgeted Fund Balance - - - - Total other financing sources and uses 1,411,202$ -$ -$ (1,411,202)$ Net change in fund balances 2,062,844 (415,901) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund -$ 664$ 664$ 664$ Law Enforcement Fund - 474.30 474.30 474.30 Fire Fund - 2,717.85 2,717.85 2,717.85 Road Fund - 3,391.80 3,391.80 3,391.80 Park Fund - 15,537.75 15,537.75 15,537.75 Interest Revenues - - - - Total revenues -$ 22,785$ 22,785$ 22,785$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures - 22,785 22,785 22,785 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 22,785 City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - Contributions & Donations - - - - Total revenues -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 9,962,164$ 12,321$ 12,321$ 9,949,843$ Parks & Recreation 2,513,138 - 6,000 2,507,138 Bond Principal 589,878 - - 589,878 Bond Interest 276,256 - 30,486 245,770 Total Capital Outlay 13,341,436$ 12,321$ 48,807$ 13,292,629$ Excess of revenues over expenditures (13,341,436) (12,321) (48,807) 13,292,629 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 2,825,653$ -$ -$ (2,825,653)$ Revenue Bond Proceeds 3,227,530 - - (3,227,530)$ Total other financing sources and uses 6,053,183$ -$ -$ (6,053,183)$ Net change in fund balances (7,288,253) (48,807) City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2015 10 HOME OF ` - T - C.Iii ESTA B L. IS I ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 at Bethany Bend Signal Modification. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary} See attached memorandum APPROVAL BY CITY MANAGER: RAPPROVED (j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: kf YES (J NO CITY ATTORNEY REVIEW REQUIRED: ( YES (J NO APPROVAL BY CITY ATTORNEY () APPROVED (j NOT APPROVED PLACED ON AGENDA FOR: 1 Z Z 1 1 �- REMARKS qq © 10Youlm **� PHONE: 678.242.25001 FAX: 678.242.2499 Green` V*Certified . fap FUU „��_�,,,�F� ' info@cityofmiltonga.us 1 www.cityofmiitonga.us Community '��r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �'�`P To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on December 10, 2015 for the December 21, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 at Bethany Bend Signal Modification Design ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Pond & Company recently completed a concept report approved by Georgia Department of Transportation (GDOT) for improvements to the intersection of SR 9 at Bethany Bend. The concept study looked at short and long term improvements. The larger scale long term improvements are being incorporated into the full SR 9 widening project. The short term improvements were signal modifications recommended as part of the approved concept. GDOT has agreed to make signal modifications through their maintenance contract. GDOT has requested a signal modification design to proceed with the improvements. Pond & Company will provide the documents needed to advance the improvements. Funding and Fiscal Impact: Funding for this project is available in the Public Works Capital Budget Alternatives: None. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (November 23, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOME OF'THE BEST QUALITY OF TIFF IN GEORGIA' ESTABLISHED 20L PROFESSIONAL SERVICES AGREEMENT —SHORT FORM AGREEMENTS $10,000.00 OR LESS SR 9 AT BETHANY BEND SIGNAL MODIFICATION DESIGN This Professional Services Agreement (the "Agreement") is made and entered into this _day of 201, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, and having its principal place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004, and POND & COMPANY (hereinafter referred to as the "Consultant"), a Georgia corporation having its principal place of business at 3500 Parkway Lane, Suite 600, Norcross, GA 30092, WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents (as defined below), the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT AND AGREEMENT To the extent that there may be auy conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Work Description attached hereto as Exhibit "A". Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a traffic signal modification plan for the intersection of SR 9 at Bethany Bend. Section 3. Contract Time: Page 1 of 7 A. Time for Performance by Consultant: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 60 days of the "Notice to Proceed." B. Termination: this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this Agreement, absent written notice of non- renewal provided by the City to the Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 and extend to the earlier of December 31, 2016, or the date the Work is completed. The City may terminate this Agreement upon a breach of any provision of this Agreement by the Consultant and the Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to the Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. hi the event the Agreement is terminated prior to completion, the Consultant's compensation shall be the Contract Price, as defined below, less the cost to complete the Work as determined at the time of termination. Section 4. Work Chances: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $2,000 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. The Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to attorney's fees, which are the result of alleged willful or negligent acts, omissions or tortious conduct arising out Page 2 of 7 of the performance of contracted services or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose acts or omissions Consultant or sub -consultant may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Authority to Contract: The Consultant covenants and declines 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 the Consultant to the terms of this Agreement, if applicable. E Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "B." F. Licenses Certifications and Permits• Standard of Care: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, city, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of care and quality ordinarily expected of its industry. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. G. Acknowledgment of Restriction on Gratuities: The Consultant and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. Page 3 of 7 H. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary toevidencesuch assignment. I. Consultant's Representative: Rtc Po J FknYM4�n shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. Notice: All notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the patty at the addresses given below, unless a substitute address shall first be furnished to the other party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTI/CE TO THE CONSULTANT shall be sent to: RJu1er� �u�4Mwnn 3S60 P•rkw4y No-e�ross, 61f 30092 K. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality *T such confidential information and will require any of its sub -consultants, agents and/or staff to likewise protect such confidential information. L. Meetings: Consultant shall meet with t City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section &. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the. City for Consultant's breach of this Page 4 7 Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. B. Entire AgreemenC. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of this Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. 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. D. Sovereign hmnunity. 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. E. 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 Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and the Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affi davit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifi es that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, the Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Page 5 of 7 In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the Consultant/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, the Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where the Consultant 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 Consultant's and the Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and the Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where the Consultant 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 Consultant or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and the Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or its 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 Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. The Consultant agrees that the employee -number category designated below is applicable to the Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. V 100 or more employees. Fewer than 100 employees. The Consultant hereby agrees that, in the event the Consultant employs or contracts with any subcontractors) 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 Consultant 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. F. Nondiscrimination. 1n 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, Page 6 of 7 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 F 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. Attest• /06� Xrgna[ure � Doha U06SIUv Print Name Cv Zyv wvr� 5c"Zerr"f�� Title: Corporate Secretary or Assistant Corporate Secretary Attest: Signature Print Name Ci[v Clerk Title POND & COMPAN/I' j Signature . ll CLV DSr a l Print Name Title ePresident or Vice President for Corporation) [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor Page 7 of 7 [CITY SEAL] Exhibit "A" Work Description Nara Leaciers From: Fangmann, Richard <FangmannR@pondco.com> Sent: Monday, November 09, 2015 11:22 PM To: Sara Leaders Subject: City of Milton - SR 9 at Bethany Bend Attachments: Near Side Box Span ALT 5-27-2015.pdf Sara, As a follow-up to our conversation a few days ago, below are Tasks Pond proposes to perform to provide a traffic signal plan for the City's use in permitting traffic signal revisions associated with short term improvements at the SR 9 at Bethany Bend intersection, to be implemented by the Georgia Department of Transportation. Please note, the purpose of this project is to provide an abbreviated traffic signal permit plan for use by GDOT for permitting and installation as a GDOT maintenance project. Task 1: Prepare Basemap—A basemap will be prepared using survey data and existing conditions information for the SR 9 widening project. Task 2: Confirm Concept Design — The concept design providing signal heads on the near -side of the signal box span will be used for the design. In addition, an alternative which requires fewer new poles, but uses a joint use utility pole will be prepared and provided to the City and GDOT as an alternative. Task 3: Prepare Signal Permit Sheet — The signal design concept (attached) or the alternative described in Task 2 will be used as the basis of design. The design will be provided on a single plan sheet for use in permitting the traffic signal modifications. The signal design will include modification of the signal head location, span wires, pole locations, and signal phasing (conversion to protected only left turns). The design will use the existing pavement markings, vehicle detection, and signal controller cabinet. Task 4: Submit the plan sheet to GDOT District 7 and Address Comments — Pond will submit the plan sheet to GDOT District 7 for their review and their use in submitting to GDOT TMC for a permit revision request. Pond will address one round of minor comments from each office. Pond will prepare up to five copies of the draft and final signal sheets for submittal to GDOT District 7 and TMC. Items not included in the signal design are indicated below: • Full signal plans are not included in the scope of services along with no quantity takeoff or materials lists. These functions will be provided by GDOT. • Complete revision or preparation of additional signal span configurations in response to comments from GDOT or the City of Milton comments is not anticipated in the scope of services. • Utility information will consist of survey data for the SR 9 widening project. Additional utility location or subsurface utility evaluation is not included. Detailed utility make ready work for joint use poles is not included in the design. • Modification to existing pavement markings, vehicle detection, pull boxes, conduit, and signal controller cabinet are not included. • Additional survey is not included. The project will use the existing survey for the SR 9 widening project. Pond proposes to complete the above services for a lump sum fee of $2,000. Please let me know if the scope of work above matches your thoughts for this work. If so, we will be happy to put this into a letter format, if desired. Richard Fangmann, P.E., PT Director of Transportation Planning I Principal Pond & Company Architects = Engineers Planners 3500 Parkway Lane, Suite 600 1 Norcross; GA 30092 www.l)ondco.com p 678.336.7740 f 678.336.7744 I e FangmannR(ainondco.com I direct 404.748.4737 mobile 770.598.1142 No Text Exhibit "B" Insurance Certificate ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD YVY) 12/3/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Crow Friedman Group CONTACT Beth A. Richardson, CIC A Risk Strategies Company NCNNo Ext: 678-690-5990 LAIC Nol: 6T8-690-5992 1255 Lakes Parkway ADDRESS: beth@crowfriedman. com #105 INSURERL) AFFORDING COVERAGE _NAICN Lawrenceville GA 30043 _ INSURER A:Phoenix Insurance Cc 25623 INSURED INSURERB:Trav Pro & Cas -Ce Of America 25674 Pond & Company INSURER C:Travelers Indemnity Cc 25658 3500 Parkway Lane INSURER D:Berkley Insurance_ Comp any 32603 Suite 600 INSURER E: Norcross GA 30092 1 INSURER F: r71`111PPAr,FC r 1=PTIFICATF MIIMRPP,CL15111003563 RFVIRION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - - -- IRISH ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDIVYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11 000 r 000 EOCCUR _ 1 A CLAIMS -MADE PREMISES (Ed occcurrence 5 .. .0001000 MED EXP (Any one person) $ 10,000 X 6802006LB83 5/1/2015 5/1/2016 PERSONAL& ADV INJURY $ ir000,000 GENT. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY[X]PEO LOC PRODUCTS - COMP/OP AGO $ 2,000,000 _ ....— OTHER CGL $ AUTOMOBILE LIABILITY Ee ecclitldSINGLE LIMIT $ 11000r000 BODILY INJURY (Per person) $ ]( ANY AUTO B ALL OWNED SCHEDULED X BA200SL852 5/1/2015 5/1/2016 BODILY INJURY (Per accident) $ AUTOS AUTOS _._ AMAGE PROPERTY $ AUTOOR OVJNED HIRED AUTOS scold cu — Medical payments $ 51000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000r000 _ L, EXCESS LIAB CLAIMS -MADE AGGREGATE _ _5 _„- 10, 000r 000 DED X I RETENTION$ 10,000 $ CUP6E546439 5/13/2015 5/1/2016 WORKERS COMPENSATION X I STATUTE I OERH AND EMPLOYERS' LIABILITY YIN ------ ANY PROPRIETORIPARTNENEXECUTIVE E.L. EACH ACCIDENT $ 11000,000 OFFICERNEMBERB (Mandatory in NH)EXCLUDED? UB5848Y669 5/1/2015 5/1/2016 E,DISEASE - EA EMPLOYE $ 1r000f000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I $ 1r000f000 D PYo£e66ional Liability E ANC9006211-00 11/12/2015 11/12/2016 Per Claim $10,000,000 Annual Aggregate $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: SR9 Bethany Bend. City of Milton is included as additional insured on referenced General Liability and Auto Liability policies when required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway, SllitE! ACCORDANCE WITH THE POLICY PROVISIONS. Milton, GA 30004 AUTHORIZED REPRESENTATIVE Michael Christian/BER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) EXffiBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that. its federal work authorization user identification number and date of authorization are as follows: 101 A4� eVerify Number 12 - 3 I - 7,0025 Date of Authorization Pond &Company Name of Contractor SR 9 at Bethany Bend Name of Project Ci[v of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on DL6ftb! EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT 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 Pond & Company. 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 SR 9 at Bethany Bcild 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: HOME OF'THF ?FST QUALJT OF HrF IN GFORGIA.' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Brumbelow-Reese and Associates, Inc. for Additional Survey Work for Providence Park. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: y APPROVED f) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. x YES () NO CITY ATTORNEY REVIEW REQUIRED: x YES () NO APPROVAL BY CITY ATTORNEY VAPPROVI PLACED ON AGENDA FOR: I z Z i Il� REMARKS APPROVED © -* YOUM r, PHONE: 678.242.25001 fAX: 678.242.2499 GCommunityreen c cr,E info@cityofmiltonga.�,�.��t �s I www.cityofmilfonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """�' To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on December 11, 2015 for the December 21, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Brumbelow-Reese & Associates, Inc. for Additional Survey Work at Providence Park ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Brumbelow-Reese & Associates, Inc. performed the original boundary survey for the acquisition of Providence Park. In an effort to provide additional data for planning future activities and facilities at the park additional survey data is required. This contract will identify the location of significant improvements at the park, the primary stream that flows through the park and include the latest aerial topography. Funding and Fiscal Impact: Funding for this project is available in the Parks and Recreation Capital Budget account Providence Park. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (December 7, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement FIO\4EYE 1ESLWALIIY OfL -O M LTON VESTABLIS I ICON06 PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SURVEY WORIZ for PROVIDENCE PARK This Professional Services Agreement (the "Agreement") is made and entered into this O �y day of DeW brl 2015, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, and having its principal place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004, and Brumbelow-Reese and Associates, Inc. ("the Consultant"), having its principal place of business in Georgia at 13685 Highway 9 N, Milton, Georgia 30004, WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents (as defined below), the Work,. and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT AND AGREEMENT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Work Description attached hereto as Exhibit "A". Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as providing additional survey work at Providence Park to show significant improvements, aerial topography and stream locations. Section 3. Contract Time: A. Time for Performance by Consultant: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which sha1L not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or Page 1 of 7 before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 60 days of the "Notice to Proceed." B. Termination: this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this Agreement, absent written notice of non -renewal provided by the City to the Consultant at least five (5) days prior to December 31, 2015, shall automatically renew on January 1, 2016 and extend to the earlier of December 31, 2016, or the date the Work is completed. The City may terminate this Agreement upon a breach of any provision of this Agreement by the Consultant and the Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to the Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. In the event the Agreement is terminated prior to completion, the Consultant's compensation shall be the Contract Price, as defined below, less the cost to complete the Work as determined at the time of termination. Section 4. Wmk Chanties: Any changes to the Work requiring an increase iu the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. _Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $3,500 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Atireement: Consultant covenants and agrees not to assigo or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. The Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to attorney's fees, which are the result of alleged willful or negligent acts, omissions or tortious conduct arising out of the performance of contracted services or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose acts or omissions Consultant or sub -consultant may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents Page 2 of 7 against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. hudependent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume fall liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Authority to Contract: The Consultant 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 the Consultant to the terms of this Agreement, if applicable. E Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "B." F. Licenses, Certifications and Permits; Standard of Care: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, city, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of care and quality ordinarily expected of its industry. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. G. Acknmvledement of Restriction on Gratuities: The Consultant and the City acknowledge that it is prohibited for any person to offer, give, or agree to give auy City employee or official, orf r any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. H. Ownership of Wor k: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any Page 3 of 7 additional documents necessary to evidence such assignment. This provision shall prevail over contrary language in any exhibit attached hereto. I. Consultant's Representative: Scott Reese shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. J. Notice: All notices,. writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, m• (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the party at the addresses given below, unless a substitute address shall first be furnished to the other party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Brumbelow-Reese and Associates, Inc. 13685 Highway 9 N Milton, Georgia 30004 Attn: Rodney Reese, RLS K. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, agents and/or staff to likewise protect such confidential information. L. Meetines: Consultant shall meet with City's personnel or designated representatives to resolve technical or contracfial problems that may occur during the term of the contract, at no additional cost to City. Section 7. Miscellaneous A. Governing L1♦v. This Agreement shall be governed by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. B. Entire Agreement, This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of this Agreement should be severed, and the Page 4 F 7 remainder of this Agreement shall remain in full force and effect to the extent possible. C. No Personal Liability. No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, the Consultant's performance of services under this Agreement shall not subject the Consultant's individual employees, officers or directors to any personal liability. The parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against the Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. D. 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. E. Sovereign hnmunity. 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. F. E -Verify Affidavits. as Exhibits "C" and "D" (affidavits regarding 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 unless: (1) the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and the Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E. Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, priorto executing this Agreement, executed a notarized affidavit, the form of which is provided iu Exhibit , 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, the Consultant 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. 1n the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consrdtant agrees to secure from such subconiractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the Consultant/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 Page 5 of 7 obtained, the Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where the Consultant 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 Consultant's and the Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and the Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where the Consultant 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 Consultant or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and the Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or its 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 Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. The Consultant agrees that the employee -number category designated below is applicable to the Consultant [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees, _/ 100 or more employees. v Fewer than 100 employees. The Consultant hereby agrees that, in the event the Consultant employs or contracts with any subconhactor(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 Consultant will secure from the subcontractors) 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 re quirements of State and federal law, and shall be construed to be in conformity with those laws. G. 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 G in every subcontract for services contemplated under this Agreement. Page 6 of 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. Bruinbelow-Reese & Mssociates, Inc. Si attire godhey Y. Rees Print Name Presl%ierf� Tide (President or Vice President for Corporation) Attest: [AFFIX CORPORATE SEAL] am q R � aet&t Signature Ew►llt.� Rw Ad telr Pratt Name CFD Title: Corporate Secretary or Assistant Corporate Secretary Attest: Signature Prin[ Name City Clerk Title City of Milton, Georgia Joe Lockwood, Mayor Page 7 of 7 [CITY SEAL] EXHIBIT "A" WORK DESCRIPTION To provide additional survey work that expandsent e original boundary survey to overlay the latest Fulton county aerial topography, add the location of the stream on the east side of the quarry and add significant improvements on the property (Le. parking, buildings, etc...) EXHIBIT "B" INSURANCE. CERTIFICATE A� o CERTIFICATE OF LIABILITY INSURANCE DTE(MWOD) 15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:y� Li9d ReiChle Manry & Heston, Inc PHONE Extl(770) 939-3231 FAX ANo; (770)939-99]8 Randy Y Dot E-MAIL ADDRESS: LREICHLE@MANRYHESTON. COM P.O. BOX 49607 INSURERS AFFORDING COVERAGE NA Atlanta GA 30359 INSURER A:Central Mutual Insurance Co. 2023 INSURED INSURER B: BrumbeloW-Reese & Assoc., Inc. INSURER C: _ 13685 Highway 9 N INSURER D: (Alpharetta GA 30009-3616 IINBBRERF: INSO ADDI WVD SUER I COVERAGES CERTIFICATE MILTON, GA 30004 LIMITS A NUMBER: COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR LTR TYPE OF INSURANCE INSO ADDI WVD SUER POLICY NUMBER MM/DDY/YYYY MM/DD1YYYY MILTON, GA 30004 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR X CLP 7888590 5/24/2015 5/24/2016 EACH OCCURRENCE $ 11000r000 DAMA E TRENTE a PREMISES Eeo $ 100, 000 MED EXP (Any one person) $ 51000 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ECT PRO- ❑ LOC OTHER: GENERAL AGGREGATE 5 21000,000 PRODUCTS - COMPIOP AGO. $ 2/000/000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS ED COMBINED SINGLE LIMIT Ea accident $ 8 ODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY ccn $ UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIVE ❑N/A (Mandatory In BER OandatoMEn NH) Vdescribe under DESC RIPTION OF OPERATIONS below I I WC 7888591 WC I 5/24/2015 5/24/2016 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 100 000 E.L. DISEASE -EA EMPLOYE $ 100,000 E.L. DISEASE -POLICY LIMIT $ 500 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT: CITY OF MILTON. ''THIS CERTIFICATE OF INSURANCE REPRESENTS COVERAGE CURRENTLY IN EFFECT AND MAY OR MAY NOT BE IN COMPLIANCE WITH ANY WRITTEN CONTRACT." CFRTIFICATF HAI f]ER CANCFI I ATION ACORD 26 (2014/01) INS025 r7m4nn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MILTON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 DEERFIELD PARKWAY ACCORDANCE WITH THE POLICY PROVISIONS, SUITE 107G MILTON, GA 30004 AUTHORIZED REPRESENTATIVE , Randy Doty/AMT 'Tf° ACORD 26 (2014/01) INS025 r7m4nn ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA COUNTY OF r U tIV !7 By executing this affidavit, the undeesigned contractor verifies its connpliunce 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, orally 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 One 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 authaization are aS follows: RaANty Can+#pan'yy 5q7 4 55443 I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. IDAl/ 201J Date of Authorization Brumbelow-Reese & Associates, Inc. Name of Contractor Additional Survev Work at Providence Park Name of Project City of Milton Nanne of Public Employee Executed on DeC,, —0, 201in Mi110n(city), , ' }ate). �� rgnature of Aug6orized Officer or Agent fZodal 14. Reese, , pyesldr,& Printed Na to and Title Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE g� DAY OF I!eCLWIyLGL,201�,.. (Jdd&O?4 k,. Q� NOTARY PIAILIC �\1� IR'A: [NOTARY SEAL] ` `JfV�,'aW,tSsbry i FEB. My onvnissionExpires:'^rS_ 2Pq L7 EXHIBIT 9) SUBCONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13- ] 0-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of servicesunder a contract with Brunnbelow-Reese & Associates. 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 arc as follows: eVerify Number Date of Authorization Name of Snbconlraclor Additional Survev Work at Providence Park Name of Project City of Milton Name of Pubic Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in _(city), (state). Signature of Aulhoized Officer or Agent Printed Name and Title of Amthorizerl Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: BRUMBELOW-REESE & ASSOCIATES, INC. Land Surveyors, Land Planners, Development Consimanls 13685 Highway 9 Milton, Georgia 30004 Phone 770-475-6817 Fax 770-569-4948 Email: brassinc@comcastmet PROFESSIONAL PROPOSAL JOB #: 2015-076 DATE: October 14, 2015 PLAT NAME: City of Milton BILL TO: City of Millon ADDRESS: c/o Carter Lucas 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 CONTACT: Carter Lucas PHONE #'s: OFFICE 678-242-2626 MOBILE FAX 678-242-2499 1 -IOM E - PAGER EMAIL carter.lucas(a�cityofiniltonga.us JOB DESCRIPTION: Providence Park - Update Boundary Survey of Land Lot 963 to show: 1) improvements 2 stream 3) overlay of Fulton County topo LAND LOT(S): 963 DISTRICT:2 SECTlON:2 COUNTI': Fulton CITY: Milton QUOTE: $3,500.00 Pa}nrrent drre upon completion of rra•k. Caslr/Check preferred, but Pa}�pal accepted tvirh stu•clrmge. I or we, the undersigned, agree to comply with all invoice terms. Interest of 1.5% is charged on all accounts past due. I or we hereby personally guarantee payment of any indebtedness from the applicant. Each of us further agrees that in the event of default on the accounts, we are to pay reasonable collection costs, including attorney fees and courts costs. /7 AUTHORIZED SIGNATURE ORDERING WORK TO BE DONE Print Warne legibly NOTE: 1) There will bean additional $50 charge for each drawing email request, if applicable. 2) Consultation and research done prior to signing of quote will be billed at hourly rates. 3) Documents remain the property of Bmin belo%N-Reese G:\Land Projecls�2015-076\documents\Prov Park Quo[e - improvements C topo.docx WE Q MI CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2015 FROM: City Manager AGENDA ITEM: Approval for the Execution of a Contract with Extra Mile Auto Tire and Service as an Additional Vendor for Vehicle Maintenance of the Police Fleet. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: N APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: YES (J NO APPROVAL BY CITY ATTORNEY RAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 7— 2 1 S - REMARKS *4 ©" Youn PHONE: 678.242.2500 FAX: 678.242.2499 I �-Gir�en � *C«,f,�* infoCci#yofmil#onga.us I www.ci#yofmii#onga.us 1�«i COmmunity } n 5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Steven Krokoff, Chief of Police Date: Submitted on December 15, 2015 for the December 21st, 2015 Regular Council Meeting Agenda Item: Approval for the Execution of a Contract with Extra Mile Auto Tire and Service as an Additional Vendor for Vehicle Maintenance of the Police Fleet. ______________________________________________________________________________ Department Recommendation: Consent to the execution of a contract with Extra Mile Auto Tire and Service as an additional vendor for vehicle maintenance of the Police Department Fleet. Background: The addition of another qualified vendor will decrease travel time and vehicle down time due to repairs. Additionally, this gives the department options if the other vendors are unable to complete repairs in a timely manner due to work load or other unforeseen circumstances. Discussion A Request for Proposal (RFP) process was conducted, after a period of time and this vendor was the only submission. The company is located in the City of Milton and has performed excellent service on fleet vehicles in the past. Based on the need for continuity of services and reliability for maintenance of police vehicles a multi-year contract with Extra Mile Auto Tire and Service will greatly enhance the department’s vehicle maintenance options. We would like to secure the services of Extra Mile Auto Tire and Service on a multi-year basis. Funding and Fiscal Impact: No increase to budget. Legal Review: Sam VanVolkenburgh (December, 2015) Alternatives: Continue with current vendors. Concurrent Review: Chris Lagerbloom, City Manager Attachments: Contract. 1 AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS THIS AGREEMENT is effective as of this 7th day of December, 2015 (“Effective Date”), by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton (“City”), and EXTRA MILE AUTO TIRE AND SERVICE, LLC (“Contractor”), having its principal place of business for purposes of this Agreement at 2875 Bethany Bend, Milton, Georgia 30004, collectively referred to as the “Parties.” WITNESSETH THAT: WHEREAS, the City desires to retain Contractor to provide certain services generally described as maintenance and repair of City of Milton Police Department vehicles (the “Work”); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description This Agreement, which is non-exclusive, is for the maintenance and repair of City Milton Police Department vehicles. B. The Work The Work to be completed under this Agreement (the “Work”) shall consist of the 2 vehicle maintenance items listed on Exhibit “A,” attached hereto and incorporated herein by reference. C. Schedule, Completion Date, and Term of Agreement Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement shall commence as of the Effective Date, and the Work shall be completed on or before September 30th, 2017. During the term of this Agreement, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Contractor at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. II. CHANGE ORDERS Any and all changes to the terms of this Agreement 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. 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 shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. III. COMPENSATION AND METHOD OF PAYMENT The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $80,000, except as outlined in Section II above. The compensation for Work performed shall be based upon the rates outlined in Exhibit “A” and the hourly fee provided below and documented in Work requests submitted by the City. Contractor shall be paid fees for Work in accordance with the Vehicle Maintenance Price Schedule in Exhibit “A,” provided that Contractor may increase such fees commensurate with increases in the cost actually incurred by Contractor for related goods supplied to the City upon the City and the Contractor mutually agreeing in writing to any such increase in price before charges are incurred. The City shall make individual requests for services to Contractor in writing, which requests shall list the specific services to be provided under Exhibit “A” and the total compensation to be paid for completion of such services outlined in the request in accordance with that Exhibit. In the event that Contractor disagrees with the compensation outlined in the City’s request, as submitted, Contractor shall notify the City prior to completion of such services. In addition to the services described in Exhibit “A,” the City from time to time may request in writing that Contractor perform services not described in Exhibit “A,” and the compensation paid by the City to Contractor for such services shall be at the rate of $85.00 per hour, plus manufacturer’s costs actually incurred by Contractor for any goods provided to the City by Contractor in association with such services, provided that an estimate of the total 3 amount due for such additional services shall be provided to the City and approved by the City in writing prior to completion of such additional services, and Contractor must provide an updated estimate for any requested compensation beyond the approved estimate prior to incurring any costs beyond the approved estimate. City agrees to pay the Contractor for City-approved services performed and costs incurred by Contractor upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. Compensation for services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. The City shall pay the Contractor within thirty (30) days after approval of the invoice by City staff. No payments will be made for unauthorized work. Invoices should be submitted monthly to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. IV. COVENANTS OF CONTRACTOR A. 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 Agreement is to engage an entity with the requisite capacity, experience, skill and judgment to provide the timely and competent completion of the Work undertaken by Contractor under this Agreement. B. 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. C. 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 Work performed under this Agreement. Contractor further agrees that no instructions or approvals by any person, body or agency shall relieve Contractor of the responsibility for performing Work under this Agreement in accordance with sound and accepted professional and industry principles. D. Contractor’s Representative 4 Tim Price shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. E. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, or delegate or subcontract any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them. F. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work 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 Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City and its elected or appointed officers, boards, commissions, officials, employees, representatives, consultants, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense, (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious acts or omissions arising out of the Work or related operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts or omissions the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, 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, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of acts or omissions that occurred during the performance of this Agreement. G. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing in this Agreement shall be construed to make the Contractor or 5 any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform the Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of Contractors, agents or employees to complete the Work; 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. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the Work to be performed by Contractor or to exercise a measure of control over such Work will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such Work only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform the Work related to this Agreement. H. 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. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit 6 for claims arising out of professional services and caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (e) Commercial Umbrella/Excess Liability Coverage of at least $1,000,000, applicable over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: Each policy is to contain, or be endorsed to contain, the following provisions, respectively: (a) Commercial General Liability and Automobile Liability Coverage. (i) The City and its elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (the “Insured Parties”) are to be covered as additional insureds 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 Insured Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties 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 Insured Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply 7 separately to each insured against whom claim is made or suit is brought. (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 shall agree to waive all rights of subrogation against the Insured Parties 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 providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages. (i) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice (or ten (10) days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Best Policyholder’s rating of no less than A- and with a financial rating of Class VII or greater. (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, unless alternate sufficient evidence of the validity and incorporation into the policy is provided. The certificates of insurance, endorsements shall be furnished on a form utilized by Contractor’s insurer in 8 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 insureds 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 Insured Parties as additional insureds. (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, except that the City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. I. Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “B” and “C” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify program, of all employees who will perform work on the City Agreement to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “B”, and submitted such 9 affidavit to City. Further, the 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 “C”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “C” to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the Agreement. 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 Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. The Contractor agrees that the employee-number category designated below is applicable to the Contractor. ____ 500 or more employees. ____ 100 or more employees. _X__ Fewer than 100 employees. The 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. 10 J. 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. K. 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 Ethics Ordinance. L. 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, Contractors, and/or staff to likewise protect such confidential 11 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. M. 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, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work 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. N. Subcontractors Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. O. 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. P. 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 Work 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. 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. Q. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects 12 in materials, equipment, or workmanship appearing within one year from the date of Work. R. 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 Contractor agrees that, during performance of this Agreement, the Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section R in every subcontract for services contemplated under this Agreement. V. COVENANTS OF THE CITY A. Right of Entry The City shall provide for right of entry for Contractor to the applicable City facilities in order for Contractor to complete the Work. B. City’s Representative Scott Mulvey shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided that any change order or Work request must be approved pursuant to the requirements of Sections II and III above. VI. TERMINATION A. Either party may terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. B. The City may terminate this Agreement upon a breach of any provision of this Agreement by the Contractor and the Contractor’s subsequent failure to cure such breach within five (5) days of receipt from the City of a written notice of the breach. C. Upon termination, City shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination date. 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 vehicles, 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. 13 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. VII. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. VIII. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of this Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. IX. SUCCESSORS AND ASSIGNS Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. X. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Contractor submits to the jurisdiction and venue of such court. XI. CAPTIONS AND SEVERABILITY The captions or headnotes on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any 14 article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. XII. BUSINESS LICENSE Prior to commencement of the services to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement, unless Contractor provides evidence that no such license is required. XIII. NOTICES A. Communications Relating to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Scott Mulvey for the City and Tim Price for the Contractor. B. Official Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) 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 THE CITY shall be sent to: Procurement Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONTRACTOR shall be sent to: Tim Price Extra Mile Auto Tire and Service 13000 2875 Bethany Bend Milton, Georgia 30004 XIV. WAIVER OF AGREEMENT No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by Contractor with the terms and conditions of this 15 Agreement. XV. 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. XVI. AGREEMENT CONSTRUCTION AND INTERPRETATION Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of the Agreement. XVII. 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: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, 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. XVIII. NO THIRD PARTY RIGHTS This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. XIX. PROHIBITION ON GRATUITIES The Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to 16 any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-contractor under a contract to the prime Contractor or higher tier sub-contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement effective as of the Effective Date set forth above. [SIGNATURES ON FOLLOWING PAGE] 17 Extra Mile Auto and Tire Service, LLC: ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Date _______________________________________________ Title (Member/Manager) Witness: _____________________________ Witness Signature _______________________________________ Print Name City of Milton, Georgia Joe Lockwood, Mayor ___________________________________ Signature ___________________________________________ Date [CITY SEAL] Attest: _____________________________ Signature _____________________________ Print Name City Clerk Title EXHIBIT “A” EXHIBIT “B” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA COUNTY OF FULTON By executing this affidavit, the undersigned vendor 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 vendor will continue to use the federal work authorization program throughout the contract period and the undersigned vendor will contract for the physical performance of services in satisfaction of such contract only with subvendors w ho present an affidavit to the vendor with the information required by O.C.G.A. § 13 -10-91(b). Vendor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________ Name of Vendor ____________________ 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 ______, ___, 2015 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 ______________,2015. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “C” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON 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 ______________ (Contractor Name) 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 ph ysical 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 ____________________ 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 ______, ___, 2015 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 ______________,2015. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Principal Nancy J. Murphy's Contribution to the Citizens of Milton MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: f) APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS O NOT APPROVED VNO KNO () APPROVED (J NOT APPROVED ® Yuu(M*** Green PHONE: 678.242.25001 FAX: 678.242.2499 C cLy„� 1�ILI,kIhE ommunityEchics 1nfo@c1tyofmi1tonga.us I www.cityofmiltonga.us �® 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Recognizing Principal Nancy J. Murphy’s contribution to the citizens of Milton WHEREAS, Summit Hill Elementary School is consistently one of the top performing elementary schools in the state of Georgia, and; WHEREAS, Summit Hill Elementary School principal Nancy Murphy is retiring at the end of this term, after more than 9 years of service to North Fulton and to the Milton community, and; WHEREAS, during her tenure at Summit Hill, school enrollment grew to well over 1,000 students, making it one of the largest elementary schools in Fulton County until Birmingham Falls opened; and, WHEREAS, Ms. Murphy has worked for Fulton County schools for more than 24 years; and, WHEREAS, her extensive education career began as a student bus driver in Alamance County, NC, and included time as an art teacher in North Carolina, New Orleans, and New Jersey, and instructor for Kennesaw State and Georgia State Universities, as well as a National Faculty Member of the Smithsonian Institute; and, WHEREAS, Ms. Murphy’s leadership style has epitomized the schools mission: “To work passionately and collaboratively to inspire every student's success in life and learning”; and, WHEREAS, Ms. Murphy’s work has inspired many students, parents, and educators to be better citizens, making more significant contributions to our community, enhancing Milton’s quality of life. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and congratulate Principal Nancy J. Murphy for her 9 years of service to the residents of the City of Milton, and for 30 years of service in education. Given under our hand and seal of the City of Milton, Georgia on this 21st day of December, 2015. __________________________ Joe Lockwood, Mayor HOME OF ' M LTO N't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to Provide for Sales of Wine and/or Beer by the Package by Licensed Retail Consumption Dealers. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 9APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: 1 •ZZ ti REMARKS (J NOT APPROVED () NO (JNO ED © -* youm PHONE: 678.242,25001 FAX: 678.242.2499 GY@@n !Certrtieu'� fup1W info@cityofmiltonga.us 1 www.cityofmiltonga.us Community ij F;h�;.' `f ' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "" �'a```� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 9, 2015 for the December 21, 2015 and January 4, 2016 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to Provide for Sales of Wine and/or Beer by the Package by Licensed Retail Consumption Dealers Department Recommendation: Adopt the ordinance as amended. Executive Summary: There has been an expressed interest in the ability of a licensed retail consumption-on- the-premises dealer to also hold a package license. This will allow the licensee to sell packaged wine and/or beer to patrons that may not have access to the same product elsewhere. While our current ordinance does not specifically address the ability of a business owner to hold two different types of alcoholic beverage licenses, it is permitted by the Georgia State Rules and Regulations. Presented is an amendment to the ordinance containing the necessary verbiage permitting a consumption license holder to also obtain a wine and/or beer package license only (packaged distilled spirits is strictly prohibited in this situation). Funding and Fiscal Impact: A positive impact on funding will result due to the additional license fees. Alternatives: Reject the amendment and leave the ordinance as is. Legal Review: Molly Esswein– Jarrard & Davis (12/2/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Ordinance Amendment STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES, TO PROVIDE FOR SALES OF WINE AND/OR BEER BY THE PACKAGE BY LICENSED RETAIL CONSUMPTION DEALERS WHEREAS, Chapter 4 of the Code of Ordinances of the City of Milton, Georgia contains provisions applicable to retail consumption dealers and retail package dealers; WHEREAS, Chapter 4 does not allow a retail consumption dealer to also hold retail package license; WHEREAS, the State of Georgia Rules and Regulations allows for a retail consumption dealer to also hold a retail package license for sales of wine and/or beer only; and WHEREAS, the Mayor and Council have determined it is proper to amend Chapter 4 to allow this provision (as hereinafter defined); BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 21st of December, 2015 at 6:00 p.m. as follows: SECTION 1. Section 4-1 – Definitions, is hereby amended by deleting the definition of Eating Establishment and replacing it with the following definition: Eating establishment: An establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that neither barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to O.C.G.A. § 3-5- 36(2)(c), nor package sales of wine and/or beer shall be used when determining the total annual gross food and beverage sales. SECTION 2. Section 4-54, Separate application and license for each license type, is hereby added: Sec. 4-54. Separate application and license for each license type. A separate application is required for each license category enumerated in this code; the City of Milton will act upon each application separately. Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15 no establishment licensed to sell beer, wine, and/or distilled spirits for consumption on the premises shall hold any license to sell distilled spirits by the package for the same location. SECTION 3. Secs. 4-245. Retail consumption dealers also licensed as retail package dealers, is hereby added: Secs. 4-245. Retail consumption dealers also licensed as retail package dealers. Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine or beer sealed in the original package. The following shall apply to retail consumption dealers who are also licensed as retail package dealers: (a) Except as provided in O.C.G.A. § 3-6-4, no retail consumption dealer shall sell wine by the package for consumption off premises unless such licensee also obtains a license for wine package sales; (b) Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine and/or beer sealed in the original package; (c) Wine and/or beer bottles for consumption off the premises sold in connection with this section shall be labeled in accordance with Section 4-190; (d) Wine sold by the package in original, sealed containers shall not be opened or unsealed and, thereafter, removed from the premises, unless a portion of its contents are consumed on the premises and such package is resealed pursuant to O.C.G.A. § 3-6-4; (e) Wine and/or beer sales by the package pursuant to this section shall be sold during the hours as indicated in Section 4-189; (f) Sales of wine and/or beer by the package pursuant to this section may only be processed by employees permitted by licensee and this code to sell alcoholic beverages; (g) Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15, nothing is this section shall authorize, permit, or otherwise allow a retail consumption dealer to obtain a license as a retail package dealer for the sale of distilled spirits. (h) Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15, retail consumption dealers shall not sell beer or wine by the package for carryout purposes: a. On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or b. At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. Except as otherwise provided by this code, this section shall not apply to licensees for special events, brewpubs, private clubs, temporary licensees, or any establishment not otherwise licensed for consumption on the premises except eating establishments regularly serving prepared food, with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open. SECTION 5. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 6. This Ordinance shall become effective upon its adoption. ORDAINED this the 4th day of January, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) 1 ARTICLE I. IN GENERAL Sec. 4-1. Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq.). (b) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic beverage: All alcohol, distilled spirits, beer, malt beverage, wine or fortified wine. Alcoholic beverage caterer: Any retail dealer licensed pursuant to this chapter who provides alcohol at authorized events or functions. Applicant: The person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. Barrel: A wooden vessel that is used to age/condition/ferment beer; a standard unit of measure is 31 gallons (27 CFR § 25.11). Beer or malt beverage: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. The term “beer” is used interchangeably with “malt beverage.” Brewpub: Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form. Brown bag establishment, brown bagging or brown bagged: Any place of business open to the public or any private club which allows guests, patrons or members to bring in and consume the guest’s, patron’s or member’s wine on the premises. Church: Any permanent place of public religious worship. Distilled spirits or spirituous liquor: Any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume including, but not limited to, all fortified wines. Eating establishment: An establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that neither barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption 2 dealers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(c), nor package sales of wine and/or beer shall not be used when determining the total annual gross food and beverage sales. Fixed salary: The amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Farm winery: A domestic winery that is licensed as a farm winery by the State of Georgia. Food caterer: Any person that prepares food for consumption off the premises. Fortified wine: Any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. “Fortified wine” includes, but is not limited to, brandy. Full-service kitchen: A kitchen that consists of a commercial sink; a stove or grill permanently installed; and a refrigerator. All of which must be approved by the health and fire departments. Golf club: A golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. Growler: A glass or ceramic container not to exceed sixty-four (64) ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off -premises consumption. Hotel: Any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. License: The authorization by the governing authority of the city to engage in the sale of alcoholic beverages as provided for in this chapter. Licensee: The individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. Liter: The metric measurement currently used by the United States. Manufacturer: Any maker, producer, or bottler of an alcoholic beverage. The term “manufacturer” also means: (1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; (2) In the case of malt beverages, any brewer; and 3 (3) In the case of wine, any vintner. Package: A bottle, can, keg, barrel, or other original consumer container. The term “retail package alcoholic beverages” includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale. Pouring permit: An authorization granted by the city to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or brown bag establishment. Premises: The location, whether room, shop, or building, wherein activities permitted by this chapter are conducted. Private club: Any nonprofit association organized under state law which: (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed salary. Registered agent: A natural person age 21 years or older and residing in the city or the county who is empowered to act for and represent the licensee in all matters with the city relating to an establishment licensed or making application for a license to sell alcohol upon whom any process, notice or demand required or permitted by law or under this chapter may be served. Retail consumption dealer: Any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale. Retail package dealer: Any person who sells unbroken packages or growlers, at retail, only to consumers and not for resell. School building or educational building: This applies only to state, county, city or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. §20-2-690(b). The term “school building” includes only those structures in which instruction is offered. Special event: This term shall have the same meaning as provided in Section 64-1596 of Chapter 64. Special events facility: This term shall have the same meaning as that provided for “Rural or Agricultural Event Facility” provided in Section 64-1 of Chapter 64. 4 Specialty gift shop: Any retail gift shop that derives not more than 15 percent of its gross sales from the sale of package gift baskets containing non-alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of wine or malt beverages. Sports club: An association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an alcoholic beverage consumption dealer’s license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. (3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Tasting room: An outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine may be given complimentary or for a fee. Wholesaler or wholesale dealer: Any person who sells alcoholic beverages to other wholesale dealers, retail dealers, or retail consumption dealers. Wine: Any alcoholic beverage containing not more than 24 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. “Wine” includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, and like products. “Wine” does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. Sec. 4-2 – 4-24. Reserved. ARTICLE II. LICENSING DIVISION 1. GENERALLY Sec. 4-25. License is a privilege. (a) Granted by mayor and city council. Alcoholic beverages may be sold in the city under a license granted by the mayor and city council upon the terms and conditions provided in this chapter. 5 (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Required language. All licenses pursuant to this chapter shall have printed on the front these words: “This license is a mere privilege subject to being revoked and annulled, and is subject to any further ordinances that may be enacted by the city.” (d) Compliance with state law required. Any holder of a license issued pursuant to this chapter to operate as a retail consumption dealer, a retail package dealer, or a wholesale dealer is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to abide by all applicable state regulations and laws. Sec. 4-26. License required. Except where an appropriate license has been obtained, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverage or to allow brown bagging. Further, it shall be unlawful to make deliveries beyond the boundaries of the premises covered by the license or to sell alcohol beyond the area on or about the premises covered by the license. Sec. 4-27 – 4-46. Reserved. DIVISION 2. APPLICATION Sec. 4-47. Application; investigation consent. (a) City form. All persons desiring to sell alcoholic beverages or allow brown bagging shall make an application on the form prescribed by the city manager, or his or her designee . (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for the service of the process; (6) The name of the manager; (7) The name of all shareholders holding more than twenty (20) percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and (8) Evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish the information 6 and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) Survey. Unless waived by the city manager out of recognition of the absence of any school or church buildings in proximity to the outlet, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the city), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to section 4-557 to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immediately preceding such application, a survey is not required. (e) Notary. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (f) Consent. Each applicant and licensee authorizes the city and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued. Each applicant further authorizes the city and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he would otherwise have to preclude the city or its agents from obtaining and using such information, and each applicant further waives any liability of the city or its agents for obtaining and using such information. (g) License Fees. The application shall be accompanied by the prerequisite fee as established by the mayor and council. All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for any license application filed after July 1 of the license year, except for applications for special events permits. Sec. 4-48. Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. Sec. 4-49. Processing fees. Each application for a license or renewal of a license under this chapter shall be accompanied by a processing fee in an amount to be determined by mayor and council to defray investigative and administrative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license shall pay only one processing fee. Further, no processing fee shall be applied for any applicant applying for a license under this chapter where that applicant already has, at the time the new application is submitted, an existing license under this chapter; provided that such existing license may not be the license for which an application for renewal is submitted. Sec. 4-50. Withdrawal by applicant; refunds. 7 (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. Sec. 4-51. Procedure for consideration of application. (a) Each application for an alcoholic beverage license shall be referred to the chief of police or his or her designee for a thorough investigation. The chief of police or his or her designee shall report the findings to the city manager. Such finding shall include a recommendation as to the qualifications of the applicant. (b) The city manager shall further have the responsibility and authority to request additional information as may be determined to be necessary in order for the city manager to accept the application as complete prior to its approval or denial pursuant to section 4-53. (c) A temporary license may be issued by the city manager for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in section 4-167. (d) No application for an original license shall be granted until a public hearing has been held thereon before the mayor and council, after notice as provided in section 4-52. Sec. 4-52. Notice requirements. (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license including a brown bag license shall, at his or her own expense, post a notice on the premises to be licensed. The notice shall be posted for at least 15 days prior to the date of the public hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: a. That an application for a license to allow brown bagging or sell alcoholic beverages on the premises has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application; and d. The name(s) in which the license is to be issued. (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom. (b) Publication. (1) Contents. The city treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include: a. The date the application will be considered by the city council; 8 b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant’s name. (2) Costs. The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. Sec. 4-53. Approval or Denial. (a) Approval or Denial. The city manager may deny any application that is incomplete or does not meet the minimum requirements provided in this chapter. If the application is not denied by the city manager, it will be submitted to the mayor and council for approval or denial. (b) Notice required. The city manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. (c) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. Sec. 4-54. Separate application and license for each license type. A separate application is required for each license category enumerated in this code; the City of Milton will act upon each application separately. Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15 no establishment licensed to sell beer, wine, and/or distilled spirits for consumption on the premises shall hold any license to sell distilled spirits by the package for the same location. 4.55 – 4-72. Reserved. DIVISION 3. QUALIFICATIONS Sec. 4-73. Applicants. (a) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its registered agent under the provisions of this chapter. (2) In the case of a partnership, the license will be issued to all the partners owning at least twenty (20) percent of the partnership; or if no partner 9 owns twenty (20) percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person, partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving: (1) Moral turpitude; (2) Illegal gambling; (3) Illegal possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime within a period of ten (10) years immediately prior to the filing of such application. (d) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. (e) It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city. (f) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application. (g) The city manager or city council may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (i) A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. Sec. 4-74. Effect of prior criminal history; exceptions. 10 (a) An applicant’s first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. Sec. 4-75. City manager permitted discretion concerning qualifications. (a) The city manager and city council, in their discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, the application, or the proposed location of the business. (b) If, in the city manager’s or city council’s judgment, circumstances are such that granting of the license would not be in the general public’s best interest, such circumstances may be grounds for denying the application. Sec. 4-76 – 4-95. Reserved. DIVISION 4. LIMITATIONS AND REQUIREMENTS Sec. 4-96. Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the city manager and shall be in such form as her or she may prescribe. Sec. 4-97. Display of license at place of business required. The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the place of the business of the licensee. Sec. 4-98. Notice of change in management required. If the manager of the licensed premises changes, the licensee must furnish the city treasurer’s office with the name and address of the new manager and other information as may be required by the city council within ten days of such change. Sec. 4-99. Transferability of license. (a) No license for the sale of alcoholic beverages shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell alcoholic beverages, or allow for brown bagging, for a period of 45 days from 11 the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale of alcoholic beverages shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the city manager. (c) If a licensed establishment is sold to a new owner, the license of the establishment shall be immediately void. If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell alcoholic beverages, or allow brown bagging, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided no such sale, or brown bagging shall be authorized until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as excepted in this section. Upon issuance of a new license, the authorization to sell or allow brown bagging under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partners holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this chapter. (g) No license will be issued to the old or the new owner in the city for one year from the date of the violation of this section. (h) Should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council resolution. Sec. 4-100. Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city’s internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All establishments possessing a retail consumption, retail package, and/or wholesale license must maintain the following records for three years and make them available for audit at the licensed premises: 12 (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z Tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (c) The city manager can waive all or some of the requirements of subsection (b) of this section if the city manager finds that no such records exist and it is not financially practically-based on the net income of the licensed establishment to require them to keep such records. Sec. 4-101. Expiration; renewal. (a) All licenses granted under this chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the city manager on the form provided for a new or renewal license for the ensuing year. (b) The applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent late fee. (d) Businesses failing to renew their alcoholic beverage licenses prior to December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Applicant shall pay the ten percent penalty along with other fees associated with a new application. Sec. 4-102. Automatic forfeiture of license for nonuse. (a) All holders of licenses permitting the sale of alcoholic beverages must within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees shall be made to the license holder. A three-month extension to the six-month period may be granted by the city manager if requested within the said six-month period. (b) Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale of the products authorized shall, after the three month period, automatically forfeit the license without the necessity of any further action. Secs. 4-103 – 4-121. Reserved. DIVISION 5. ENFORCEMENT Sec. 4-122. Suspension or revocation of license. 13 (a) The term “due cause,” for the purpose of suspension or revocation of a license means: (1) The violation of any laws or ordinances regulating the business; (2) The violation of any local, state or federal law; (3) Any reason which would authorize the city to refuse the issuance of a license; or (4) Any violation of this chapter. (b) No alcoholic beverage license having been issued shall be suspended or revoked except for due cause. (c) The city council shall be authorized to suspend or revoke an alcoholic beverage license or impose other penalties upon the licensee under the conditions set forth in this section. (d) Prior to suspending or revoking a license (except as provided in Sec. 4-127 of this chapter), the city manager shall give at least ten days’ prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held in accordance with subsection (e) of this section. Service of such notice shall be by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Sufficient grounds for the immediate suspension or revocation of a license, or the imposition of other penalties include, but are not limited to, the following: (1) A licensee has failed to open for business within six months after approval of the license. (2) A licensee has ceased to operate the business for a period of three consecutive months. (3) A licensee’s state license or permit for the sale of alcoholic beverages has been revoked. (4) A licensee, or such licensee’s employee or agent, has sold alcoholic beverages or allowed brown bagging during a period of suspension. (5) A licensee gave fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license. (6) A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter. (7) A licensee, or such licensee’s employee or agent, has been convicted or plead guilty or nolo contendere to a crime involving: a. Moral turpitude; b. Illegal gambling; c. Illegal possession or sale of controlled substances; d. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f. Pandering; g. Pimping; 14 h. Public indecency; i. Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. Sec. 4-123. Enforcement of this chapter. (a) If a licensee violates any provision of this chapter, excluding sales to underage persons, allows brown bagging or serves or sells any alcoholic beverage to any person that the licensee or the licensee’s employee or agent knew or should have known was in a state of intoxication, or failure of any licensee to pay any tax, license fee, fine or other amount due to the city under this chapter or any other licensing ordinance of the city shall subject the licensee to the following progressive actions by the city council, except for those violations and occurrences set forth in section 4-122 above that provide for immediate suspension or revocation upon notice and hearing: (1) The first violation in a twelve month period shall result in a mandatory hearing before the city council and a warning or a license suspension for a period of up to 30 days. (2) The second violation within a consecutive twelve-month period shall result in a mandatory hearing before the city council and a license suspension for a period of up to 60 days. (3) The third violation within a consecutive twelve-month period shall cause the revocation of the license and result in a mandatory hearing before the city council and the inability of the licensee to obtain a license from the city for a term of three years from the date of revocation. (b) If a licensee or employee of such licensee is convicted for the violation of O.C.G.A. § 3-3-23 or section 4-558 relating to the sale of alcoholic beverages to any person under 21 years of age, the following penalties shall apply. For purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond shall constitute a conviction. (1) The first offense shall result in a mandatory hearing before the city council, a license suspension for a period of up to 30 days and a minimum fine in magistrate court of $500.00. (2) The second offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, a license suspension for a minimum period between seven and 60 days, and a minimum fine in magistrate court of $750.00. (3) The third offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license, and a minimum fine in magistrate court of $1,000.00. (c) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premise locked storage area out of view of the public. 15 (d) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or pouring permit for a period exceeding those periods as described in this section if the city council determines in their discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city. (e) In addition to the available actions to be taken by the city council, individuals who violate this chapter shall be subject to criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a separate citation and penalties. The criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. Sec. 4-124. Hearing procedures on denial, suspension or revocation. (a) Applicants shall be given a hearing on the following grounds: (1) The application for a license or renewal of a license has been denied by the city manager. (b) Any denial of any such license or permit by the city manager shall be appealable to the city council by the applicant's filing a notice of appeal with the city manager or designee within 30 days of receiving notice of such denial. Any such appeal shall be subject to de novo review. A hearing before the city council shall be scheduled within 30 days following the receipt by the city manager or designee of the applicant's notice of appeal. (c) The decision of the mayor and council in the hearing provided for in this section shall be final unless the licensee applies to the Superior Court of Fulton County by filing a petition for a writ of certiorari within 30 days of the decision rendered by the council. Sec. 4-125. Mitigating factors. The penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: (a) Whether the licensee conducts its own “secret shopper” or internal “sting” operations. (b) The degree to which the licensee has procedures in place to monitor its servers for compliance with the ordinance. (c) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any violation of this ordinance. (d) Other evidence demonstrating the licensee’s efforts to comply with the ordinance and prevention of underage drinking in the licensed establishment and the community at large. Sec. 4-126. Inspection of licensed establishment by police department. (a) Sworn officers of the police department shall have the authority to inspect establishments licensed under the city’s alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. 16 (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this ordinance. Sec. 4-127. Emergency suspension of sales. The city manager and chief of police are each authorized to suspend the sale of alcoholic beverages under any license for any emergency situation when it deems such suspension necessary for the protection of the public health, safety or welfare. Such suspension may be made effective immediately and shall remain in force until the city manager or chief of police determine the emergency is over or until the next meeting of the city council, at which time the mayor and city council shall decide whether the suspension shall cease or be extended. Sec. 4-128. Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee’s agents and employees selling alcoholic beverages shall at all times be familiar with the terms of this chapter. Secs. 4-129 – 4-166. Reserved. ARTICLE III. TEMPORARY AND SPECIAL EVENTS LICENSES Sec. 4-167. Temporary licenses. (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) An application for a permanent license is filed with the city manager and payment in full of the fee thereof has been deposited with the city. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. Sec. 4-168. Special event permit. 17 (a) For currently licensed consumption-on-premises establishments. A special event permit may be issued to any establishment duly licensed by the city to sell alcoholic beverages for consumption on the premises to allow such establishment to sell alcoholic beverages for consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed ten days in any one year for an approved special event. The licensee must submit an application and pay the non-refundable fee that may be required from time to time by ordinance and, in relation to the special event permit, shall be required to comply with all of the general ordinances and the licensing and regulations associated with its consumption on premises license with the exception of the full service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of the special event permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in Section 64-1596 of Chapter 64 prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. (b) For non-profit civic organizations. A special event permit may be issued to any bona fide non-profit organization for a period not to exceed ten days in any one year for an approved special event. The person must submit an application and pay the nonrefundable fee that may be required from time to time by ordinance and shall be required to comply with all of the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of a special event permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of an on-premises consumption license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. 18 The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in Section 64-1596 of Chapter 64, prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. (4) The special event must be associated with and benefit the cause of a charitable or civic organization. (c) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this chapter. (d) Police chief’s authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a special event permit, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. Secs. 4-169 – 4-177. Reserved. ARTICLE IV. RETAIL PACKAGE SALES DIVISION 1. GENERALLY Secs. 4-178 – 4-187. Reserved. DIVISION 2. MALT BEVERAGES AND WINE Sec. 4-188. Type of retail establishment. No packaged beer, wine or malt beverage shall be sold at retail except in: (a) Establishments duly licensed by the city to sell packaged beer, malt beverages and/or wine, or (b) Establishments maintaining 50 percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products and located in zoning districts in which these establishments are permitted as a conforming use or in districts where existing establishments exists as a non- conforming use. Sec. 4-189. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. Sec. 4-190. Use of tags or labels to indicate prices. 19 Retailers shall indicate plainly, by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the prices of all beer and wine exposed or offered for sale. Sec. 4-191. Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. Sec. 4-192. Growlers. (a) The sale of growlers is authorized in establishments authorized to sell beer, malt beverages, and wine by the package, but shall not occur in establishments that also sell distilled spirits by the package. (b) The filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. (c) Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers may be filled and made available for retail sale. (e) Each growler must be securely sealed and removed from the premises in its original sealed condition. (f) Consumption on the premises is strictly prohibited; however, samples of beers available for sale in a growler may be made available, but shall not exceed one ounce nor shall any one individual be offered more than three samples within a calendar day. Sec. 4-193. Ancillary wine tasting. (a) The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this section. (b) Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises or in conjunction with wine education classes and sampling designed to promote wine appreciation and education. (c) Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten percent of the entire floor area of the premises. (d) Wine sampling for customers shall be limited to one consecutive two -hour period in any one day. Samples shall not exceed two ounces, and no customer shall consume more than eight ounces in any two-hour period. (e) Wine bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (f) No open containers of wine shall be removed from the licensed premises. (g) Not more than one time per week for a period of not to exceed two consecutive hours on any given day, the holder of an ancillary wine tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. 20 (h) Holders of an ancillary wine tasting permit shall not charge for samples or tastings, but may accept donations for a charitable organization of their choice. (i) Wine sampling and tasting is only permitted within the enclosed portion of the premises. (j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth from time to time by the city council. Secs. 4-194 – 4-210. Reserved. DIVISION 3. DISTILLED SPIRITS Sec. 4-211. Type of retail establishment. (a) No distilled spirits by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; (2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of distilled spirits by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located. (b) Nothing in this section shall prohibit the retail sale within these establishments of liquid commodities and mixes normally used in the preparation and serving of distilled spirits. Sec. 4-212. Distance requirement. (a) No retail package liquor licensed place of business shall be licensed to operate within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. (b) The distance provision shall not apply to any hotel licensed under this chapter. (c) The restriction provided for in this section shall not apply to any location (i) for which a license has been issued prior to July 1, 1997, nor the renewal of such license or (ii) for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. Sec. 4-213. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of distilled spirits except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package distilled spirits shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. Sec. 4-214. Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all distilled spirits 21 exposed or offered for sale. The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. Secs. 4-215 – 4-221. Reserved. DIVISION 4. SPECIALTY GIFT SHOPS Sec. 4-222. General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to the provisions of sections 4-47 and 4-188 shall exist for the owners of specialty gift shops provided that the owner shall first obtain a specialty gift shop alcohol permit as hereinafter provided and the only sale of alcohol by the owner is through the sale of gift items, as described in the definition of “specialty gift shop” provided in section 4-1, and not for consumption on the premises. (b) All persons desiring to engage in activities permitted by this section shall submit a written application to the city manager for a specialty gift shop alcohol permit on forms prescribed by the city. All applications shall be accompanied by the payment of the fee as set forth from time to time by the city council. If the application is denied, or if the applicant withdraws the application prior to its approval, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. The application shall include the name and address of the applicant, the address of the business location, and the name and address of the manager. If the manager changes, the applicant must furnish the city manager with the name and address of the new manager and any other information, as requested, within ten days of such change. The applicant must meet the character requirements of this article. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (c) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a specialty gift shop alcohol permit shall be cause for the denial or revocation thereof. (d) Except as set forth in this section, a holder of a specialty gift shop alcohol permit must comply with all eligibility requirements set forth in this chapter. Secs. 4-223 – 4-230. Reserved. ARTICLE V. SALES FOR CONSUMPTION ON PREMISES DVISION 1. GENERALLY Sec. 4-231. Locations where permitted (a) No alcoholic beverages may be sold by the drink for consumption on the premises where sold except: (1) In eating establishments regularly serving prepared food, with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open; or (2) At a publicly-owned golf course. 22 (b) This section shall not apply to private clubs or establishments that solely allow brown bagging. Sec. 4-232. Hours and days of sale. Alcoholic beverages for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. (b) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (c) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (d) The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to private clubs. Sec. 4-233. Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that day, except at private functions not open to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. 23 (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The licensee shall not vary the schedule of prices from day-to-day or from hour-to-hour within a single day. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit licensees from : (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to prohibit activities typically associated with promotion referred to as “happy hour” or similarly designated promotions. (f) The police department shall have the responsibility for the enforcement of this chapter. (g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted. (h) It shall be unlawful for any sales to be made outside of area on or about the premises, or place of business licensed for such sale except as permitted herein. (i) It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession o n any licensed premises, any alcoholic beverages in the original package the seal of which has been broken or the original package opened; provided that this section shall not apply to private clubs or brown bagging. Sec. 4-234. Store inventory only on premises. No retail consumption dealer licensed under this chapter shall keep any alcoholic beverage at any place except the licensed place of the business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby alcoholic beverages ordered by a licensee are stored by a licensed wholesaler. Sec. 4-235. Pouring permits required. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises: (a) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible for such employment. (b) This section shall not be construed to include volunteer groups with nonprofit tax exempt status from the Internal Revenue Service whose volunteer efforts financially 24 benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No pouring permit shall be issued until such time as a signed application has been filed with the city manager or his or her designee and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The chief of police or his or her designee shall have a complete and exhaustive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (e) Crimes preventing the possession of a pouring permit: (1) No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: a. Moral turpitude; b. Illegal gambling; c. Illegal possession or sale of controlled substances; d. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f. Pandering; g. Pimping; h. Public indecency; i. Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in this subsection. (2) No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. §48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and 25 the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (f) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application. As noted in subsection (l) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager’s staff. (g) All persons employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve in any managerial position in any establishment licensed under this chapter shall be required to complete an alcohol awareness training program to become a certified alcohol awareness server, as defined in section 4-236, as a condition to the privilege of continuing to maintain a valid alcohol pouring permit. (h) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (i) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (j) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. (k) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. (l) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcoholic beverage pouring permit. (m) Any person convicted of any violation of this section shall receive a fine or license suspension or revocation as defined in section 4-123 of this chapter. Sec. 4-236. Alcohol awareness training required. (a) Required. Any person to whom an alcoholic beverage pouring permit is issued and all licensee’s managerial staff shall be required to complete an alcohol awareness training program within 30 days from the date the person is issued an alcoholic beverage pouring permit. (b) City treasurer to maintain list of approved programs. The city treasurer shall maintain a list of schools, training facilities and trade associations located in Fulton County, Georgia, that are authorized and approved by the city manager to conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention procedures when customers become intoxicated. 26 (c) Certificate. The training facilities shall issue, upon completion of the course, a certificate which shows the individual has fulfilled the requirement for the course and is certified as an alcohol awareness server. The cost of the course will be the responsibility of the licensed establishment that employs such server. (d) Establishment to maintain certificates in employees’ files and forward copy to city treasurer. The establishment employing individuals required to complete an alcohol awareness program shall obtain the certificates stating the employees have successfully completed the course and have the same delivered to the city treasurer to be kept with the records of the employees having an alcoholic beverage pouring permit. (e) Failure to obtain certificate cause for suspension of pouring permit. The privilege of a person to continue having a valid alcoholic beverage pouring permit is conditioned upon completing an alcohol awareness program and having a certificate of course completion provided to the city in a timely manner. Failure to do so is cause for suspension of the person’s alcoholic beverage pouring permit. Sec. 4-237. Licensee to provide list of all employees involved with sale and/or handling of alcoholic beverages. It shall be the duty of the licensee to file with the city a list of the names, license numbers, addresses and telephone numbers of all present and prospective employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. Sec. 4-238. Open area and patio sales regulations.The consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on or about the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. Sec. 4-239. Consumption outside premises prohibited; brown bagging. (a) Except as allowed by O.C.G.A. § 3-6-4, “Removal of partially consumed bottle of wine from premises,” or Article IX of this chapter, it is prohibited for customers with open alcoholic beverages to leave the area on or about the premises of an establishment licensed to sell alcohol for consumption on premises, and it is the licensee’s responsibility to ensure that no open beverages purchased at the establishment are carried beyond that area. In the event of brown bagging in accordance with this chapter, a partially consumed bottle of wine must be sealed by the licensee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253, “Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area.” However, nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly-owned or privately-owned golf course. 27 (b) No entity may allow brown bagging without a license, and brown bag licensees must post notice stating “A partially consumed bottle of wine must be sealed by the licensee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253 in a conspicuous place at the main exit of the establishment.” Sec. 4-240. Physical requirements of premises. (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises. (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term “maintain” means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All lounge and restaurant areas, including all tables, booths, and other areas where customers are served and including all passageways for customers, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the city manager or his or her designee. (e) City fire personnel shall regularly inspect the premises to see that they are in compliance with all city, Fulton County and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department shall regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and Fulton County and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. Sec. 4-241. Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. Sec. 4-242. Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The city manager or his or her designee shall regularly inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this article. Sec. 4-243. Conflicts with wholesaler or manufacturer prohibited. 28 No financial aid or assistance to any licensee hereunder from any wholesaler or manufacture of wine or malt beverages or other alcoholic beverages shall be permitted. Sec. 4-244. Solicitation prohibited. No retail consumption dealers licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. Secs. 4-245. Retail consumption dealers also licensed as retail package dealers. Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine or beer sealed in the original package. The following shall apply to retail consumption dealers who are also licensed as retail package dealers: (a) Except as provided in O.C.G.A. § 3-6-4, no retail consumption dealer shall sell wine by the package for consumption off premises unless such licensee also obtains a license for wine package sales; (b) Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine and/or beer sealed in the original package; (c) Wine and/or beer bottles for consumption off the premises sold in connection with this section shall be labeled in accordance with Section 4-190; (d) Wine sold by the package in original, sealed containers shall not be opened or unsealed and, thereafter, removed from the premises, unless a portion of its contents are consumed on the premises and such package is resealed pursuant to O.C.G.A. § 3-6-4; (e) Wine and/or beer sales by the package pursuant to this section shall be sold during the hours as indicated in Section 4-189; (f) Sales of wine and/or beer by the package pursuant to this section may only be processed by employees permitted by licensee and this code to sell alcoholic beverages; (g) Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15, nothing is this section shall authorize, permit, or otherwise allow a retail consumption dealer to obtain a license as a retail package dealer for the sale of distilled spirits. (h) Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15, retail consumption dealers shall not sell beer or wine by the package for carryout purposes: a. On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or b. At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. (i) Except as otherwise provided by this code, this section shall not apply to licensees for special events, brewpubs, private clubs, temporary licensees, or any establishment not otherwise licensed for consumption on the premises except eating establishments regularly 29 serving prepared food, with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open. 4.246– 4-253. Reserved. DIVISION 2. BREWPUBS Sec. 4-254. General provisions. (a) A brewpub license authorizes the holder of such license to: a. Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail on the premises and solely in draft form in an open container; b. Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on the premises by this article, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers for consumption on the premises only; and c. Notwithstanding any other provision of this section, sell up to a maximum of 500 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers. (b) Possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (c) A brewpub license does not authorize the holder of such license to sell alcoholic beverages at retail by package for consumption off the premises. (d) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises. (e) A brewpub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers. (f) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this chapter. Secs. 4-255 – 4-276. Reserved. DIVISION 3. PRIVATE CLUBS Sec. 4-277. General provisions. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable city ordinances and regulations governing the sale of such beverages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. 30 (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages. (c) Veterans’ organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcoholic beverages, or allowing brown bagging, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premise establishments. Secs. 4-278 – 4-296. Reserved. DIVISION 4. HOTEL AND HOTEL IN-ROOM SERVICE Sec. 4-297. General provisions. (a) A hotel is eligible to obtain a consumption on the premises only if the following requirements are met. The hotel must: (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests for adequate pay; (2) Contain 50 or more rooms used for the sleeping accommodations of guests; and (3) Contain one or more public dining rooms, with adequate and sanitary full- service kitchen facilities. (b) A hotel may consist of a single building or may consist of two or more buildings located on the same premises and used in connection with the hotel operation. (c) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this section. (d) Notwithstanding any other provisions of this chapter to the contrary, any hotel (as the term “hotel” is commonly used and without regard to the requirements of this section), inn, or other establishment which offers overnight accommodations to the public for hire, may provide “in-room service” of alcoholic beverages if such establishment: (1) Holds a valid city consumption on premises license; and (2) Has been authorized to provide in-room service by the state. (e) For the purposes of this section, the term “in-room service” consists of: (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest’s room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel’s guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. 31 (f) Except as otherwise provided in this section, in-room service of alcoholic beverages shall be subject to all restrictions and limitations in this chapter relative to the sale of alcoholic beverages. In-room service sales shall be authorized only on such days and only during such hours as indicated in section 4-232. (g) Distilled spirits sold pursuant to this section shall not be sold in packages containing less than 50 milliliters each. (h) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this chapter, including the excise tax on the retail sale of by the drink of alcoholic beverages containing distilled spirits. Secs. 4-298 – 4-316. Reserved. DIVISION 5. ALCOHOLIC BEVERAGE CATERERS Sec. 4-317. General provisions. (a) License requirements for resident caterers. (1) Annual Permit. i. Any caterer who possesses a valid city license to sell or otherwise dispense malt beverages, wine or distilled spirits by the drink for consumption on the premises within the city may apply for an off- premises license that permits sales of the same off premises at authorized catered events or functions other than “special events” as discussed in Sec. 4-168, which are separately licensed. ii. Any caterer who possesses a valid city license to sell malt beverages, wine or distilled spirits by the package for consumption off the premises within the city may apply for an off-premises license that permits sales of the same class of alcoholic beverages by the drink off premises at authorized catered events or functions. iii. Each off-premises catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license (which shall not exceed $5,000) shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. (2) Authorized Event Permit. i. In order to distribute or sell malt beverages, wine or distilled spirits at an authorized catered function, a licensed alcoholic beverage caterer shall file an application for an off-premises event permit with the city manager or his or her designee at no additional fee. The application shall include the name of the caterer, the date, address and time of the event, the caterer’s license number and any other information the city deems necessary to review a request for such permit. (3) It shall be unlawful for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein. (b) Authorized Event Permit requirements for non-resident caterers. 32 (1) A non-resident alcoholic beverage caterer shall submit an application for an off-premises event permit to the city manager or his or her designee. The fee for each such permit shall be $50.00 as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (2) An application for an off-premises event permit shall include the name of the caterer, the date, address and time of the event, the licensed alcoholic beverage caterer’s state and local license number and expiration date, and name of the event and the quantity and type of alcoholic beverages to be transported from the licensee’s primary location to the location of the authorized catered event or function. (3) The original off-premises event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (4) It shall be unlawful for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the off-premises event permit. (c) A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell malt beverages, it may sell or otherwise dispense only malt beverages at the authorized catered event or function. (d) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non-resident caterer in the amount set forth in this chapter and shall be paid within 30 days after the conclusion of the catered event or function. Secs. 4-318 – 4-336. Reserved. DIVISION 6. SPECIAL EVENTS FACILITY Sec. 4-337. General provisions. (a) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for consumption on the premises. (b) Where a caterer is hired and separately licensed, and where that caterer will be the only entity dispensing or serving alcohol, the special events facility need not obtain a separate license for consumption on the premises. (c) In order to be eligible for a consumption on the premises license, a special events facility must: (1) Be available to public or private groups of persons; (2) For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and (3) Be open to or attended by invited or selected guests or paying patrons; or (4) Be a sports complex situated in conformance with the city's zoning ordinances. 33 Secs. 4-338 – 4-358. Reserved. DIVISION 7. PUBLICLY OWNED FACILITIES Sec. 4-359. General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to sections 4-47 and 4-231 of this chapter, shall exist for that person or entity possessing a public facilities permit, as hereinafter defined. (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the City of Milton, except: (1) City Hall; and (2) Any fire station; and (3) Any public safety facility. (c) Any person or entity desiring to engage in activities permitted by this section, shall make written application to the city manager or his or her designee for the appropriate public facilities permit on forms prescribed by the city. All applications shall be accompanied by a public facilities permit fee as set forth by city council resolution. Further, all applicants shall be required to provide a release and meet any other requirements set forth by the city manager as conditions of obtaining the public facilities permit. (d) The city manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a public facilities permit: (1) Expected time period in which the event will occur; (2) Whether the event will occur during daylight hours; (3) The number of people expected to attend the event; (4) Other activities scheduled to occur in the structure, facility or property at the time of the event; and (5) Any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include, but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (f) If such public facilities permit is granted by the city manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (g) A public facilities permit for a public park shall only permit the permit holder to serve (not sell) alcoholic beverages in a hospitality tent or similar structure previously approved by the fire marshal, and the alcoholic beverages may only be consumed on the premises of such hospitality tent or similar structure. (h) A public facilities permit for a public facility shall only permit the holder to serve (not sell) alcoholic beverages within the premises of the public facility . (i) A public facilities permit shall only be issued to a caterer licensed under the provisions of this chapter, or to an individual who meets the character requirements 34 of this chapter, provided, however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this section, a public facilities permit holder must comply with all of the provisions set forth in this chapter. Secs. 4-360 – 4-378. Reserved. ARTICLE VI. SALES BY FARM WINERIES Sec. 4-379. Permitted sales. A farm winery may sell its wine and the wine of any other Georgia farm winery licensee at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises. Sec. 4-380. Licenses. (a) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (b) The alcoholic beverage licenses which may be issued to farm wineries under this chapters are: (1) Wholesaler of farm winery production. A farm winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6- 21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the farm winery tasting room at the site which said license is issued. (3) Consumption on premises sales of wine. Each license for the sale of wine for consumption on the premises shall require that all consumption shall be at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the farm winery. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in subsections (1) through (3) of this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on premises sales. For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package sales and consumption on premises. 35 (c) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for farm winery operations. (d) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Saturday, from 9:00 a.m. until 12:00 midnight. (2) Sunday from 12:30 p.m. until 12:00 a.m. of the following day. (1) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (e) Applicable provisions. The following provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof: Article I, definitions. Article II, licensing. Article V, sales for consumption on premises – general provisions, except as specifically noted in this section. Article X, regulations. (f) License fees. Any applicant for a license for the sale of wine and operation of a farm winery shall pay the license fee as set forth in the fee schedule. (g) Licensing limitations. The license created in accord with this article shall be limited to farm winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other use. (h) Renewals. All applications for renewal of a farm winery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license will result in a refusal to renew the license. (i) Consumption on the premises sale of distilled spirits, wine and malt beverages. A farm winery may apply for a license for consumption on premises of wine, malt beverages and/or distilled spirits (not produced under the Georgia Farm Winery Act O.C.G.A. § 36-6-21.1 et seq.) under the terms as provided under article V, sales for consumption on premises. Secs. 4-381 – 4-399. Reserved ARTICLE VII. WHOLESALERS DIVISION 1. GENERALLY Sec. 4-400. License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the city shall procure a license under the same distance requirements and required hours and days of operation applicable to retail package licensees. The license fee for a resident wholesale dealer's license shall be set by mayor and council and approved by resolution. (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the city but who does business in the city, shall be registered in the city and subject to excise tax due from wholesale dealers pursuant to article VIII. Such registration shall be renewed annually with: 36 a. Submittal of annual renewal affidavit; b. The presentation of satisfactory evidence that he understands the alcoholic beverage rules and regulations of the city and the conditions under which retail licenses are issued; and c. A registration fee of $100.00 as authorized by O.C.G.A. § 3-5-43. Sec. 4-401. Special provisions applicable to wholesale license. (a) No person who has any direct financial interest in any license for retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the city. (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer’s entire stock in a bona fide purchase of an ongoing business. (c) No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. Sec. 4-402. Hours and days of operation. Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m. and 6:00 p.m., Monday through Saturday. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Sec. 4-403. Audits. If the city manager deems it necessary to conduct an audit of the licensee’s records and books, he or she shall notify the licensee of the date, time and place of the audit. Secs. 4-404 – 4-422. Reserved. ARTICLE VIII. EXCISE TAXES DIVISION 1. GENERALLY Secs. 4-423 – 4-441. Reserved. DIVISION 2. SALES OF DISTILLED SPIRITS BY THE DRINK Sec. 4-442. Tax imposed. There is imposed upon the retail sale of drinks containing distilled spirits in the city an excise tax. The rate of such tax shall be set forth by city council resolution and shall not exceed three percent of the purchase price of the drink to the consumer. A record of each sale shall be made in writing and maintained for inspection by any authorized agent of the city. Sec. 4-443. Licensee to collect and remit. 37 Every consumption on the premises licensee shall collect the tax imposed by this section from purchasers of drinks containing distilled spirits. The licensee shall furnish such information as may be required by the city manager to facilitate the collection of the tax. Sec. 4-444. Customer receipts; credit sales. A consumption on the premises licensee shall give to the purchaser a receipt on which the purchase price and the tax imposed by this section shall be itemized separately. In all cases where the purchase is by deferred payment or credit, the licensee becomes liable for the collection and payment of the tax at the time of delivery of the drink to the purchaser. Sec. 4-445. Payment and returns by licensee. (a) Each licensee shall pay over the amount of taxes collected and coming due under this article in any calendar month to the city not later than the 20 th day of the following calendar month. (b) On or before the 20th day of each month, a return for the preceding month shall be filed with the city treasurer or his or her designee by each licensee liable for the payment of tax under this article. Returns shall be in such form as the city may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (c) Returns shall show the licensee’s gross receipts from the sale of food, if applicable, alcoholic beverages containing distilled spirits, indicating the number sold by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the city. Any amounts collected in excess of the excise tax rate set by the city council for the taxable sales shall be reported and paid to the city. (d) Any licensee who shall neglect, fail, or refuse to pay the tax herein provided upon all retail sales by the licensee of alcoholic beverages containing distilled spirits by the drink, shall be liable for and pay the tax himself or herself. (e) Licensees collecting the tax shall be allowed three percent of the first $3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00 as a vendor’s credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. Secs. 4-446 – 4-464. Reserved. DIVISION 3. WHOLESALE TAXES Sec. 4-465. Tax imposed. (a) There is imposed by the city an excise tax on the first sale or use of malt beverages in the city and is set at the rate set forth by city council resolution. (b) There is imposed by the city an excise tax on the first sale or use of wine by the package in the city and is set at the rate set forth by city council resolution. (c) There is imposed by the city an excise tax on the first sale or use of distilled spirits by the package in the city and is set at the rate set forth by city council resolution. 38 Sec. 4-466. Wholesaler to collect and remit. The excise tax imposed shall be collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale of such beverages. Sec. 4-467. Payment and returns by wholesaler. (a) It shall be the duty of each wholesaler to remit the proceeds so collected to the finance department of the city, on or before the 15th day of each month, for the preceding calendar month. (b) This remittance shall be submitted on forms as prescribed or authorized by the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of alcoholic beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of alcoholic beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of alcoholic beverages in the city. (c) Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. Secs. 4-468 – 4-486. Reserved. DIVISION 4. BREWPUBS Sec. 4-487. Tax imposed. There is hereby levied an excise tax on all beer and malt beverages produced by a brewpub at the rate set forth by city council resolution. Sec. 4-488. Payment and returns by licensee. (a) The excise tax shall be paid to the city’s finance department no later than the 20th day of each month for the preceding month’s production. (b) A late payment penalty not to exceed ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. Secs. 4-489 – 4-507. Reserved. DIVISION 5. TAX RETURNS AND COLLECTIONS Sec. 4-508. Deficiency assessment. (a) If the city has cause to believe that a return or the amount of tax paid to the city by a licensee is not proper, the city may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month. (b) The amount of deficiency determination shall bear interest at a rate of one percent per month, or fraction thereof, from the 15th day of the month after the close of the period for wholesale tax due, or from the 20th day after the close of the period for 39 retail tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. Sec. 4-509. Failure to file return. (a) If any licensee fails to make a return, the city shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the city’s possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by subsection 4-508(c). (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. Sec. 4-510. Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the city. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the finance department 40 of the city and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. Sec. 4-511. Actions for collections; overpayment. (a) At any time within three years after the delinquency of any amount due under this article, the city may bring an action in the courts of this state, any other state, or the United States in the name of the city to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys’ fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or double payments. Such claim shall be in writing and shall state the specific grounds upon which it is based. The claim shall be audited. If the city approves the claim, the excess amount paid may be credited against other amounts due from the licensee or refunded. Sec. 4-512. Administration and enforcement of article. (a) The city treasurer or his or her designee shall administer and enforce the provisions of this Article VIII. (b) The city manager or his or her designee may promulgate rules and regulations for the enforcement of this article. (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts, invoices, and other pertinent papers in such form as may be required by the city. (d) The city manager or his or her designee may examine the books, papers, records, financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due. (e) In the administration of the provisions of this article, the city manager or his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any information relating to purchases subject to taxation under this article. Secs. 4-513 – 4-531. Reserved. ARTICLE IX. SPECIAL PROVISIONS AND EXCEPTIONS WITHIN THE CRABAPPLE DISTRICT Sec. 4-532. General provisions. The provisions of this article are intended to set forth certain exceptions and provisions applicable only to licensees whose establishments are located within the area identified in the Crabapple District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on the premises. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter. 41 Sec. 4-533. Definition of Crabapple District For the purposes of this article only, the Crabapple District (as shown in the attached map) is defined as follows: The area of the city identified as T4, T4 Open, T4 Restricted and T5 transect zones in the Crabapple Regulating Plan, excluding those parcels fronting Green Road and Arnold Mill Road. Sec. 4-534. Outside consumption of alcoholic beverages permitted. (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private. (d) Purchase from licensed premises within Crabapple District. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premise within the Crabapple District. (e) Consumption limited to certain areas in Crabapple District. No alcoholic beverage purchased pursuant to this provision may be consumed outside of the Crabapple District, upon any sidewalk adjacent to a church, school or park (unless specifically authorized by the city in conjunction with a city event or other event authorized by the city) or upon any private property without the express written consent of the property owners. (f) Consumption limited to lawful hours of operation. No alcoholic beverage purchased pursuant to this provision shall be consumed except within the authorized hours of sale of the establishment where purchased. (g) Festivals; special events. Unless otherwise specified by this article, the provisions of this article shall also apply to special events and festivals. Sec. 4-535. Alcohol/food sales ratio. A licensed establishment located within the Crabapple District shall derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale or prepared meals or food. Sec. 4-536. No abrogation of other laws. 42 The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. Secs. 4-537 – 4-555. Reserved. ARTICLE X. REGULATIONS Sec. 4-556. Days when sales are unlawful. (a) The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. (b) It shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. Sec. 4-557. Distance requirement. (a) Beer, wine, and distilled spirits consumption on the premises license. In accord with the discretion afforded by O.C.G.A. 3-3-21(b)(3), no permit for brown bagging or the retail sale of alcoholic beverage for consumption on the premises shall be issued to any business that is within 20 yards of a church, school building, education building, school grounds, or college campus. (b) Wine and malt beverages retail package sales. No person may sell or offer to sell any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Distilled spirits retail package sales. No person may sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, school grounds, or college campus. (d) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the main entrance of the establishment from which alcoholic beverages are sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the main entrance of the church building, or to the nearest portion of the school grounds. (e) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a), (b), (c), and (d) of this section. (f) New church or schools. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or 43 the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately preceding such application. Sec. 4-558. Sale to, purchase or possession by underage person. (a) No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A. § 3-3-23, and a violation of O.C.G.A. § 3-3-23, as may be amended, shall be cause for suspending or revoking a license in accordance with provisions of this chapter. Further, it shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment. No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (b) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. (c) No person who holds a license to sell alcoholic beverages by the drink shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided that: 1. Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. 2. This subsection shall not apply to minors who are employees under the terms of this article. Sec. 4-559. Advertising; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. 44 Sec. 4-560. Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: (a) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person’s pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (a) and (b) of this section. Sec. 4-561. Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. %7W] HOME OF' M.1 . LT0fN*' . ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-25 - 13201 Deerfield Parkway by Inwood Holdings, LLC to Rezone from T-5 Limited to A (Medium Density) Apartments for the Existing 356 Unit Apartment Development (North Park Apartments). MEETING DATE: Monday, December 21, 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 [ J NOT APPROVED XNO V(NO APPROVAL BY CITY ATTORNEY () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS Your a .-Green *v*** PHONE: 678.242.25001 FAX: 678.242.2499 c,tg a! t�«ns.tFi community a infoftitonga.us I www.cityofmiitongams tyofmil 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "' PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 1 of 12 RZ15-25 PROPERTY INFORMATION ADDRESS 13201 Deerfield Parkway DISTRICT, LAND LOT 2/2 974, 1043 OVERLAY DISTRICT None EXISTING ZONING T-5 (Limited) Deerfield Form Based Code PROPOSED ZONING A (Medium Density Apartments) ACRES 25.57 EXISTING USE Multi-Family Development – 356 units PROPOSED USE Multi-Family Development – 356 units PETITIONER Inwood Holdings, LLC- Porter Lummus ADDRESS 12 Piedmont Center, Suite 100 Atlanta, GA 30305 OWNER North Park GA, LLC REPRESENTATIVE Carl Westmoreland Morris, Manning & Martin, LLP 3343 Peachtree Road, NE Atlanta, GA 30326 COMMUNITY DEVELOPMENT RECOMMENDATION – NOVEMBER 18, 2015 RZ15-25– APPROVAL CONDITIONAL INTENT To rezone from T-5 Limited to A (Medium Density Apartments) for the existing 356 unit multi-family development. PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 2 of 12 RZ15-25 PLANNING COMMISSION RECOMMENDATION – NOVEMBER 18, 2015 RZ15-25– APPROVAL CONDITIONAL - 6-0 PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 3 of 12 RZ15-25 LOCATION MAP PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 4 of 12 RZ15-25 CURRENT ZONING MAP PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 5 of 12 RZ15-25 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 6 of 12 RZ15-25 SITE PLAN SUBMITTED SEPTEMBER 30, 2015 – Southern Section PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 7 of 12 RZ15-25 SITE PLAN SUBMITTED SEPTEMBER 30, 2015 –Northern Section PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 8 of 12 RZ15-25 SUBJECT SITE AND BACKGROUND: The subject site contains 25.57 acres and is developed with a multi-family apartment development consisting of 356 units. It is currently known as the North Park Apartments. The property was constructed in 1997. The applicant, Inwood Holdings, LLC is requesting a change from the current T-5 (Limited) designation to A (Medium Density Apartments). As stated in the Letter of Intent, the application does not seek to change any of the uses or improvements to the property, but to address issues of the property’s legal non- conforming use to allow the sale of the property. The applicant has also stated that the property will not be redeveloped under the proposed A (Medium Density Apartments) but any redevelopment would comply with the T5 Limited classification. At the time of Milton’s incorporation in December, 2006 the subject site was zoned A (Medium Density Apartments) pursuant to RZ84-224 approved by the Fulton County Board of Commissioners. The City of Milton adopted the Deerfield Form Based Code and associated regulating plan in April 2013. The subject site was designated as T-5 (Limited). Under this designation, multi-family residential developments are required to be developed with other uses such as retail or office. In addition, the development regulations are significantly different than the traditional “campus” s tyle apartment development. Based on the current zoning of T-5 (Limited) it was determined by the City Attorney that if more than 60% of each structure is destroyed, it could not be re- built to the current configuration. Thus, the applicant’s reques t back to the A (Medium Density Apartments) is requested to meet the lender’s requirement to service the loan. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on September 30, 2015, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-693 - A (Medium Density Apartments) The site plan meets the development standards required by the A (Medium Density Apartments) zoning district. PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 9 of 12 RZ15-25 ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: The ESA has indicated that there is a portion of the site located within the 100 year flood zone, there is a perennial stream with stream buffers and there are slopes in excess of 25 percent on the site. As stated previously, the site is already developed and there are no further impacts to the property. PUBLIC INVOLVEMENT On October 27, 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were five citizens in attendance. Once the applicant explained the purpose of the rezoning, there were no concerns regarding the request. PUBLIC PARTICIPATION REPORT Staff received the report on November 6, 2015. The applicant’s Public Participation Meeting was held on November 2, 2015 at 6:00 pm at the North Park club house. There was no one in attendance at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – November 3, 2015  No Comments. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed use is suitable with the adjacent and nearby uses of multi- family and high density single family developments in the area. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 10 of 12 RZ15-25 It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties if approved with the Recommended Conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned T-5 Limited. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Based on the fact that the development already exists, there will be no further impact on the existing streets, transportation facilities, utilities or schools. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Mixed Use/Living Working Existing use/density: Multi-Family – 13.92 u/a - INCONSISTENT The proposed rezoning is inconsistent with the policies and intent of the land use plan. The property was zoned A (Medium Density Apartments) and constructed prior to the incorporation of Mil ton. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The existing development is consistent with the adjacent developments in the area and therefore supports recommending approval to A (Medium Density Apartments). PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 11 of 12 RZ15-25 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations for the subject site. CONCLUSION Based on the fact that the multi-family development currently exists, Staff recommends APPROVAL CONDITIONAL OF RZ15-25. PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/16/2015 Page 12 of 12 RZ15-25 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13201 Deerfield Parkway, it should be approved for A (Medium Density Apartments) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) The existing 356 unit multi-family dwellings and accessory uses and structures at a maximum density of 13.92 units per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on September 30, 2015. 3) To the owner’s agreement to the following site development considerations: a) To the site plan received by the Community Development Department on September 30, 2015. b) If the subject site is re-developed in the future, it shall be developed with the T-5 Limited (Deerfield Form Based Code) zoning standards. ORDINANCE NO._______ PETITION NO. RZ15-25 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM T-5 LIMITED TO A (MEDIUM DENSITY) APARTMENTS FOR THE EXISTING 356 UNIT APARTMENT DEVELOPMENT LOCATED AT 13201 DEERFIELD PARKWAY CONTAINING 25.57 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 21, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 13201 Deerfield Parkway consisting of a total of approximately 25.57 acres as described in the attached legal description, be rezoned to the A (Medium Density) Apartments District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 974 and 1043 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the A (Medium Density) Apartments zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 14 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of December, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13201 Deerfield Parkway, it should be approved for A (Medium Density Apartments) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) The existing 356 unit multi-family dwellings and accessory uses and structures at a maximum density of 13.92 units per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on September 30, 2015. 3) To the owner’s agreement to the following site development considerations: a) To the site plan received by the Community Development Department on September 30, 2015. b) If the subject site is re-developed in the future, it shall be developed with the T-5 Limited (Deerfield Form Based Code) zoning standards. SITE PLAN SUBMITTED SEPTEMBER 30, 2015 – Southern Section SITE PLAN SUBMITTED SEPTEMBER 30, 2015 – Northern Section NO HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 17, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZIS-26 - To Create a New Use Permit for Alternative Housing for Seniors in AG -1 and Single Family Residential Districts. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: J YES (J NO CITY ATTORNEY REVIEW REQUIRED: J YES O NO APPROVAL_ BY CITY ATTORNEY kAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1221 1 REMARKS N 44 ®i You (M -- PHONE: 678.242.25001 FAX: 678.242.2499 Green Certified* Top tUU infoCcityofmiltongca.us I www.cityofmiltonga.us WaiVJA. i Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted December 1, 2015, for the December 21, 2015 Regular Meeting (First Presentation – December 7, 2015, Council Work Session – December 14, 2015) Re: Consideration of RZ15-26 – To Create a New Use Permit for Alternative Housing for Seniors in AG-1 and Single Family Residential Districts. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: Since the incorporation of the City in 2006, Staff has received numerous inquiries regarding the use of single family homes as personal care homes, which we are calling “Alternative Housing for Seniors”. Currently the Zoning Ordinance does not permit this type use within the City. Staff presented the idea of establishing a new Use Permit to allow alternative housing for seniors at the September 14, 2015 Council Work Session. After presenting the current code and the possible addition of the use, the Council directed Staff to create a new use permit. Staff met with the social worker from North Fulton Senior Services, Tanya Morris, LMSW and discussed what she believed the needs were for seniors in the north Fulton area. She stated that there is a large demand for smaller residential type facilities for seniors and these facilities fill a gap in the needs of the population. In addition, Staff also met with seniors from the Byrd House participating in the programing administered by North Fulton Senior Services. Overall, they thought it was a good idea to provide this choice for seniors in the area. 2 Below is a table that indicates what is permitted currently in adjacent and nearby jurisdictions and required zoning districts to allow personal care homes or Alternative Housing for Seniors. What do other jurisdictions allow by Use Permit? Alpharetta Athens/Clarke County Cherokee County Cobb County Gwinnett County Roswell Jurisdictions that allow Personal Care Homes in AG-1 and Single Family Districts (No minimum lot size required) Yes Yes Yes No Yes No Maximum number of residents allowed excluding resident owner 4 3 6 n/a 8 n/a The Planning Commission at its November 18, 2015 meeting recommended approval with the following changes to the proposed use permit: 1) Sec. 64-1844.b.2. - Require the owner of the property to reside on the site. Although Staff originally recommended this standard, the City Attorney recommended that this not be included. 2) Sec. 64-1844.b.3. - Staff recommended a maximum of six residents be permitted. The Planning Commission recommended no more than 4 people. The City Attorney recommended more than four people based on the fact that four unrelated people can reside in a single family residence. 3) Sec. 64-1844.b.9. - Staff did not require a minimum lot size, but included the zoning districts with minimum lot size of 18,000 square feet (R-3A) as well as T-3 and T-4 in the Form Based Code. The Planning Commission recommended a minimum of three acres in size. 3 It was the Planning Commission’s recommendation, that if the property owner was not required to reside on the site, they would not be in support of this type of use because it became a commercial use in a residential or agricultural area. In addition, they believed that one acre was too small of a property for the use. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – November 2015 Concurrent Review: North Fulton Senior Services Attachment(s): Proposed text amendment and ordinance for RZ15-26. Text Amendment Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015. (Edits based on Council Work Session Discussion) 12/17/2015 Page 1 of 1 RZ15-26 Sec. 64-1844. Alternative Senior Housing Alternative Senior Housing means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. "Personal Services" includes, but is not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. a) Required districts. AG-1, R-1, R-2, R-2A, R-3, R-3A, CUP, T-2, T-3, T-4 b) Standards. 1. Facility shall be for persons 55 years of age and above. 2. The owner of the subject property may reside on site. 3. The home shall be approved and licensed by the State of Georgia or any agency through which it acts, including number of residents but not to exceed eight. 4. Necessary staff may reside in a legal accessory building such as a guest house. 5. Structures shall retain the outward appearance of a single-family home. 6. Off-street parking shall provide 1 parking space per 2 beds and 1 parking space per 2 employees including the owner/operator. a. Location of parking shall be located to the side and rear of the principal structure but outside minimum building setbacks or inside a garage. 7. No alternative senior housing facility shall be operated within 1,320 feet of any other alternative senior housing facility. The 1,320-foot distance is measured by the straight line which is the shortest distance between the property lines of the two tracts of land on which each facility is located. 8. The home shall obtain an occupation tax certificate prior to operation. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-26 AN ORDINANCE TO CREATE SECTION 64-1844, “ALTERNATIVE SENIOR HOUSING” USE PERMIT IN THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 21, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Section 64-1844 of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of December, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF M iLTof; ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-27 - To amend the Signs, Article XVI of the Zoning Ordinance (Chapter 64). MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: VYES O NO CITY ATTORNEY REVIEW REQUIRED: x YES () NO APPROVAL BY CITY ATTORNEY YAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: �2Z 1 is REMARKS 10,* Yau(M PHONE: 678.242.25001 FAX: 678.242.2499 Greer *Certified* T°v.TOa � I info@cifyofmiitonga.us 1 www.cityofmiltonga.us �+iLnuEr Community *,'1 h = SI" �� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""`�' To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted December 1, 2015, for the December 21, 2015 Regular Meeting (First Presentation – December 7, 2015, Council Work Session – December 14, 2015) Re: Consideration of RZ15-27 – To amend the Signs, Article XVI of the Zoning Ordinance (Chapter 64). Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: On June 18, 2015, the United States Supreme Court issued their opinion on Reed v. Town of Gilbert, Arizona. This case has implications for local governments throughout the nation. In a nutshell, the town of Gilbert had a comprehensive sign code requiring permits for most signage – but had a fairly hefty list of “exempted” signs for which no permits were required. Within the “exempt” category were the following categories of signage:  Ideological signs  Political Signs  Temporary Directional signs The ordinance treated ideological signs more favorably than political signs, and political signs more favorably than temporary directional signs. Each of the three categories of signage had language that linked the ability to erect the sign to the message (content) of the sign. The Ninth Circuit court of appeals ruled in favor of the town, holding that the very broadly designed categories were “content neutral.” The US Supreme Court disagreed. Indeed, the US Supreme Court held that the above sign descriptors were: “content based on their face.” Stated succinctly, the Supreme Court noted that: “the restrictions in the sign code that apply to any given sign…depend entirely on the communicative content of the sign.” 2 The Court appears to be taking the position that any distinctions in the sign code that offer favorable treatment (or less favorable treatment) based upon the message of the sign (to include exemptions in the code) – may constitute a constitutional infirmity. Based on this conclusion, the attached text amendment corrects these infirmities in the current sign code. The amendments indicated in red represent the necessary changes to the City’s sign ordinance necessary to be consistent with the Supreme Court’s ruling. In addition, Staff has included some minor changes that are highlighted in yellow. They include the following: 1. Page 4 – Definitions – Window sign – Deleted the portion of the definition that included any signage within five feet of the interior of the window and stated that any signage visible from inside the structure and is reasonably discernable from the closest public or private road exterior of the structure is considered a window sign. 2. Page 13 – Construction of Bases - Deleted the requirement for wood, brick or stone or appearance of wood, brick or stone. This does not apply to Crabapple FBC or Birmingham Crossroads Overlay District. Required that the base be compatible with the exterior material of the main structure. 3. Page 13 – Clarified that each non-residential lot is only allowed one temporary standard information sign. 4. Page 15-18, 21, 24, 25 – Required that freestanding signs shall not be internally illuminated. 5. Page 16, 17, 19, 21, 23, 24 – For freestanding signs, deleted the requirement that sign faces shall be made out of wood or other material wood….. as approved by the director. This is not the type of design for the Hwy 9 Overlay or Deerfield FBC. It still is required for the Crabapple FBC and Birmingham Crossroads Overlay. 6. Page 17, 19, 21, 23 – For wall signs, deleted the requirement that sign faces shall be made out of wood or other material wood….. as approved by the director. This is not the type of design for the Hwy 9 Overlay or Deerfield FBC. It still is required for the Crabapple FBC and Birmingham Crossroads Overlay. 7. Page 24 and 25 – The Deerfield Form Based Code has the same standards as the SR 9 Overlay District. 8. Page 25 – Required that sign cabinets shall be exactly the same dimension in height and width. 9. Page 26 – Deleted reference to window sign based on the fact that it is already defined. 3 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – September 2015 Concurrent Review: None Attachment(s): Proposed text amendment and ordinance for RZ15-27. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 1 ARTICLE XVI. - SIGNS[10] Footnotes: --- (10) --- Editor's note—Section 1 of Ord. No. 12-02-128, adopted Feb. 22, 2012, amended art. XVI in its entirety to read as herein set out. Former art. XVI, §§ 64 -2241—64-2245, 64-2265—64-2272, 64-2292—64-2303, 64-2323—64-2326, pertained to similar subject matter, and derived from Ord. No. 09 -04-40, art. 33, §§ 2—26.3, adopted April 27, 2009; and Ord. No. 09-06-44, art. XXXIII, § 11, adopted June 15, 2009. DIVISION 1. - GENERALLY Sec. 64-2241. - Definitions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article. Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, un sightly, or unkempt, and for which no person accepts maintenance responsibility. Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to depict action or create a special effect or scene. Audible sign means any sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means. Awning/canopy sign. (1) The term "awning/canopy sign" means any sign that is a part of, or attached to, an awn ing, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. (2) The term "awning/canopy sign" does not include a marquee. Banner means a sign other than a flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor awning/canopy signs are considered banners. Beacon means any light with one or more beams d irected into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Billboard means a freestanding sign with an area of more than 120 square feet. Blade/shingle sign means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. Clerestory means any high windows above eye level. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 2 Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a sign message or messages, whether such changes are accomplished electronically or manually. City means the City of Milton, Georgia. City council means the City Council of the City of Milton, G eorgia. Department means community development department, or such other department as is given authority to implement this authority by the city. Director means the director of the community development department, or such other department as is given authority to implement this authority by the city, or his or her designee. Fall zone means an area equal to 133 percent of the height of the structure in eve ry direction. Flag means any fabric or bunting containing colors, patterns, or symbols . used as a symbol of a government or other legal entity or legally organized organization. Flashing sign means a sign, the illumination of which is not kept constant i n intensity at all times when in use or which exhibits marked changes in lighting effects. Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or othe r structure. They are permanently affixed signs which are wholly independent of a building for support. Graffiti means unauthorized writing or drawing on the façade of any building, sign, path, accessory structure, wall, fence, or other site element. Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local laws. Illuminated sign, external, means a sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates. Illuminated sign, internal, means a sign illuminated by an internal light source, including electric lights, luminous tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes color, flashes, or alternates. Imitation traffic signs means signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs. Kiosk means a small structure with one or more sides that is used to vend merchandise or services. Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is reserved for the installation and maintenance of plant mate rials. LED means an electronically controlled sign utilizing light -emitting diodes to form some or all of the sign message. Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. Lollypop sign means a pole sign with an additional three -dimensional shape or sign on the top. Marquee or marquee sign means any permanent rooflike structure projecting be yond a building or extending along and projecting beyond the wall of the building. Monument means a freestanding sign with a base width of not less than the width of the sign face. Moving sign means a sign which revolves, rotates, swings, undulates, or o therwise attracts attention through the structural movement of parts. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 3 Multitenant means one or more buildings, located on a single premises or development, containing two or more separate and distinct individual licensed business, which occupy separate po rtions of the building or buildings, and which are physically separated from each other by walls. Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted banding used as trim around buildings or windows. Nonconforming sign means any sign which was lawfully erected and maintained prior to the adoption, revision or amendment of this article XVI of the City of Milton Zoning Chapter, but which, by reason of such adoption, revision, or amendment, no longer meets or conform s to one or more such requirements within article XVI. Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (1) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (2) Acts of masturbation; (3) Acts involving excretory functions or lewd exhibition of the genitals; (4) Acts of bestiality or the fondling of sex organs of animals; or (5) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. Pennant or streamer means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspen ded from a rope, wire, or string, usually in a series, designed to move in the wind. Permanent sign means any sign which, when installed, is intended for permanent use, and is of a type and construction as not to be easily or readily removed from the lot on which it has been erected. Permit means a sign permit reviewed, approved, and issued by the city community development department. Permittee means the person or entity owning or leasing the land on which the sign is erected or for which an application has been submitted. Person means a natural or legal person, including a firm, organization, partnership, trust, and corporation. Pole sign means a freestanding sign with visible support structures. Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but not limited to, signs on trailers or signs mounted or painted on vehicles which are either parked or moving, in such a manner as to serve the purpose of a sign. Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly accessory uses shall not be considered principal buil dings. Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the building. Public sign means any sign erected by a governmental entity. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 4 Pylon sign means a freestanding sign with visible support structure or wit h the support structure enclosed with a pole cover. Roof sign means any sign erected and constructed wholly on and over the roof of a building, or supported by the roof structure. Shingle/blade sign means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. Sign face means that part of a sign that is or can be used for advertising purposes. Sign kiosk means a small structure for advertising that contains signs. Standard informational sign means a sign with an area of not greater than four square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches. Temporary sign means any sign of nonpermanent nature. Wall sign means any sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head, whether in use, no longer in use or an architectural feature. Window sign means any sign that is affixed to the exterior of the window or window panes, or on or within five feet of or affixed to the interior of the window or window panes or the sign is located within the structure and the message is reasonably discernable from the nearest public or private road.and is visible from the exterior of the structure. Window signs include decals and images painted onto the glass. Windows do not include architectural features. Zoned development means property subject to a single zoning application. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2242. - Purpose and findings. (a) Purpose. This article was enacted with the following purposes: (1) To protect the rights of individuals and businesses to convey their messages through signs; (2) To encourage the effective use of signs as a means of communication; (3) To promote economic development; (4) To improve traffic and pedestrian safety as it ma y be affected by distracting signs; (5) To prevent the destruction of the natural beauty and environment of the city and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, informal landscaping, and preserve the historic character of the city; (6) To encourage and ensure that development that is context -sensitive in design and materials compliments and is compatible and sensitive with the existing character of the area through its RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 5 proportion, scale, design, style, placement, position, and architectural qualities that further the distinct values of the city; (7) To protect the public health, safety, and general welfare; (8) To restrict the continued existence of abandoned or nonconforming signs unless in compliance with the terms of this article and to eliminate, over time, all nonconforming signs; (9) To ensure the fair and consistent enforcement of sign standards; and (10) To make it easier, quicker, and more economically efficient to ap ply for a sign permit. (b) Findings. This article was enacted with the following findings in mind: (1) The city finds that signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners' desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises. (2) The city further finds that the regulation of the size, height, number and spacing of signs is necessary to protect the public safety, to ensure compatibility of signs with surrounding land uses, to enhance the business and economy of the city, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertisi ng for the benefit of all the city's citizens. (3) The city further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type signage as street signs which enable the traveling public to know where they are located and to find where they are goi ng. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right -of-way is necessary to ensure their visibility to the motoring public. The city commission finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a propriety purpose, such as identifying markings on utility poles, those signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power. (4) The city further finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of loca ting addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. Reserved. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 6 (5) The city further finds that most of the city is unique when compared to surrounding areas in terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lack of sewerage of the majority of its land area, the resulting minimum lot size, the lack of commercial development outside overlay districts and purposefully de veloped commercial corridors and the large number of agricultural and related uses such as horse farms set the city apart from the more commercialized and developed municipalities which surround it. The preservation of this atmosphere and lifestyle was a m ajor factor in the drive to incorporate the city as its own unique city. Accordingly, the city determines that it has a substantial government interest in striking a proper balance between the right of freedom of expression in terms of the time, place and manner of signage with the need to preserve the pristine character of the city. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2243. - Director's duty to administer and enforce. The director of the department is hereby authorized and directed to administer and enforce this article, unless otherwise specifically provided by an ordinance of the city council. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2244. - Applicability. The standards of this article shall apply to all signs erected within the city's co rporate limits. This includes those areas that have been or will be annexed into the city corporate limits. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2245. - Severability. Should any article, section, clause, or provision of this article be declared b y a court of competent jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared to be invalid, it being the intent of the city council that each article, section, clause, and provision hereof be severable. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 24-2246 – Content Neutrality Notwithstanding any provisions to the contrary contained herein, this article shall be interpreted in such a manner that the availability, land use, or other triggering event or condition for an entitlement to apply for, erect, or place signage within the city shall not have the effect of dictating or controlling in any manner the content of the message that may be placed upon such signage, it being the expressed intention of the city that this article be content, viewpoint, and speaker neutral. Secs. 64-22462247—64-2264. - Reserved. DIVISION 2. - PERMITS RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 7 Sec. 64-2265. - Required. (a) Except where specifically not required by the standards of this article, it shall be unlawful for any person to post, display, materially change, or erect a sign in the city without first having obtained a sign permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way, private drive, public space, or from neighboring residential properties shall not be subject to the standards of this article. (b) All applicants for signs that incorporate electricity must obtain a n electrical permit. (c) All applicants for any sign that is greater than eight feet in height (as measured from grade) and greater than 32 square feet in area must obtain a building permit. See section 64 -2302. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2266. - Fees. No permit shall be issued until the appropriate application has been filed with the director and fees, as set from time to time by ordinance of the city council, have been paid. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2267. - Application. Contents. Applications for sign permits required by this article shall be filed in duplicate by the person owning the subject property, or the owner's agent, in the office of the director upon forms furnished by that office. The application shall de scribe and set forth the following: (1) The type and purpose of the sign as defined in this articleThe type of the sign as defined in this article; (2) The value of the sign; (3) A survey to scale showing the street address of the property upon which the subject sign is to be located, the proposed location of subject sign on subject property, the distance of the proposed sign from the subject property's boundaries, and all existing structures or buildings on the subject property; (4) The square foot area per sign and the aggregate square foot area if there is more than one sign face; (5) The name and address of the owner of the real property upon which the subject sign is to be located; (6) The property owner's written consent, or his or her agent, granting permission for the placement, maintenance, size, and height of the subject sign to be placed on the property; (7) For wall signs, two sets of building elevations; (8) The name, address, telephone number, and business license number of the sign contractor; (9) Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the proposed sign from ground level and adjacent street level; and (10) The zoning district in which the subject property is located and a statement of compliance with all requirements of the zoning district. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 8 (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2268. - Rejection. (a) Incomplete, false statements. The director shall reject any application that is incomplete, that contains false material statements or omissions, or that is for a sign which would violate any standard within this article within 30 business days of receipt of said application. (b) Processing time; notice; denial. The city shall process all complete and accurate sign permit applications within 30 business days of the city's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The director shall give notice to the applicant of his or her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth business day. If the decision of the director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the city to act within the 30-day period shall be deemed a denial of the permit.Failure of the city to act within the 30-day period shall be deemed as an automatic approval of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this article will be granted. Any application not meeting the standards of this article will be denied. (c) Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for zoning appeals outlined in this zoning ordinance. However, notwithstanding the foregoing, a final decision of an appeal of the denial of a sign permit will be rendered within 80 days from the date an appeal is filed. If a final decision of an appeal of the denial of a sign permit is not rendered within the 80-day period, the decision sought to be appealed shall be affirmed. (d) Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2269. - Reserved. Sec. 64-2270. - Variance. (a) Limitations. The board of zoning appeals shall be allowed to grant variances to this article. (b) Timing. The board of zoning appeals shall hear and decide upon a variance to this article within 80 days of the submission of a complete and accurate application for variance to this article. If a decision on the variance is not rendered within 80 days, then the petition shall be deemed approved. (c) Procedure. Except as modified by this article, the procedures for requesting a variance from the standards of this article shall be the same procedures as that for seeking a variance from the city's ordinances regulating zoning. (d) Standards. The standards which shall be considered for granting a variance from the standards of this article shall be only the following: (1) Relief to this article may only be granted where existing foliage or structures bring abou t a hardship whereby a sign meeting the maximum letter size, square footage and height requirements cannot be read from an adjoining road; or (2) The application of the particular provision of this Zoning Ordinance to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 9 its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2271. - Expiration date. (a) A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one 90 -day extension may be granted by the director. (b) No refunds shall be made for a permit after the permit is issued . If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2272—64-2291. - Reserved. DIVISION 3. - ADDITIONAL PROVISIONS Sec. 64-2292. - Business license tax certificate, public liability insurance required. It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the city, unless and until such entity shall have obtained an occupation tax certificate or business license issued in the State of Georgia, and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in effect public liability and property damage insurance in the sum of $25,000.00 for property damage for any one claim, and public liability insurance in an amount not less than $100,000.00 for injuries, including accidental death to one person. The c ertificate of insurance shall state that the insurance carrier shall notify the city 30 days in advance of any termination or restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2293. - Identification labels; inspection; notice. (a) Identification labels. With each sign permit, the director shall issue a sticker bearing the same number as the permit with which it is issued. It shall be the duty of the permittee or his or her agent to affix such sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this article. (b) Inspection. The director shall inspect all existing signs in the city to determine if such signs conform to the standards of this article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs. (Ord. No. 12-02-128, § 1, 2-22-2012) RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 10 Sec. 64-2294. - Signs requiring no permit. The following shall not count toward the total amount of signage allowed and no permit is required so long as all standards in this article are met, including the following: (1) Numerals displayed for the purpose of identifying property location not to ex ceed eight inches in height; (2) Flags; (3) Door signs not to exceed one square foot in size and not more than one sign per door; and (4) Temporary standard informational signs in all districts. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2295. - Prohibited signs and devices. The following types of signs are prohibited in the city: (1) Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, streamers or air or gas filled figures and other similar temporary signs (except where specifically allowed). (2) Beacons, search lights, laser lights or images (except where specifically allowed). (3) Audible signs. (4) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (5) Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. (6) Roof signs, marquee signs. (7) Portable signs, except that signs posted in the window of a vehicle, totali ng one square foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG -1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. (8) Obscene signs. (9) Illegal activity signs. (10) Signs not maintained. (11) Abandoned signs. (12) Animated signs, flashing signs, rotating signs, and changeable copy signs. (13) Imitation traffic signs. (14) Graffiti. (15) Sign kiosks. (16) Signs attached to or painted on natural objects. (17) Temporary signs and banners attached to fences or walls (except where specifically allowed). (18) Internally illuminated window signs, including neon (except where specifically allowed). (19) Signs in landscape strip, unless approved by the city arborist. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 11 (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2296. - Reserved Sec. 64-2297. - Nonconforming signs. (a) Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted. All nonconforming signs shall be ma intained in good repair. (b) Repair. Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the sign, then such sign may be repaired without regard to the restrictions of thi s subsection. (c) Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions occurs: (1) The business on which the property on which the sign is located ceases operation for at least six consecutive months; (2) The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or (3) The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No stru ctural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the sign then such sign may be repaired without regard to the restrictions of this subsection. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2298. - Reserved. Sec. 64-2299. - Sign location. (a) Obstructions to doors, windows or fire esc apes. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. (b) Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be located in any government right-of-way. No sign, except authorized traffic signs, may be located any closer than 20 feet to an intersection as measured from the intersection of the two rights - of-way. (c) Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this article, all permanent ground signs shall set back 20 feet from the edge of pavement. No sign, except authorized traffic signs, shall project over the right-of-way. All temporary signs, as described in section 64-2303, shall be placed at least 15 feet from the edge of pavement. No signs shall be placed between the road and the back of the landscape strip (Ord. No. 12-02-128, § 1, 2-22-2012) RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 12 Sec. 64-2300. - Measurement of sign area. (a) Size generally. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an int egral part of the sign face used to differentiate the sign face from the structure upon which it is placed. If polygons established around wall signs located on the same street oriented wall are within 24 inches or less of one another, then the area of the sign shall be measured within one continuous polygon. (b) Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not inten ded to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. (c) Multifaced signs. For multifaced signs, when the sign face surfaces are back -to-back, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multi faced signs, the area of the sign shall be the total area on all sides. (d) Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2301. - Measurement of sign height. The height of a sign shall be computed as the distance from the base of the sign structure at no rmal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) Existing grade prior to construction; or (2) The newly established grade after construction, exclusive of any filling, berming, mo unding, or excavating solely for the purpose of locating the sign. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2302. - Construction standards. (a) Building codes. All permanent signs permitted under this Code shall be constructed and maintained in accordance with the applicable city building codes. For any sign that is greater than eight feet in height (as measured from grade) and greater than 32 square feet in are a, the permittee must submit, with its building permit application, detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure and sign face and must be certified by a professional structural engineer, licensed in the state of Georgia. The certifying engineer shall provide an insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability insurance. (b) Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other advertising structure shall be c onstructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 13 (c) Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be screened from the view of the general public with shrubs. (d) Construction of bases. Except in the overlay districts, freestanding signs shall have a base not less than one-third the width of the sign face. Bases must also be wood or brick or stone or have the appearance of wood, brick or stone or other materials which are be compatible with the exterior material of the main structure as approved by the community development department director. (e) Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of freestanding signs. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2303. - Sign restrictions based on location. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section shall be prohibited in that district, except as otherwise provide d for under this article. The following standards govern signs within specific zoning districts. The following signs shall be setback at least 15 feet from the edge of pavement: (1) Signs permitted in all zoning districts. a. Temporary freestanding signs are permitted in all zoning districts, per the following standards: 1. Signs during construction. One sign shall be allowed during construction. A permit shall be required. The sign may be externally illuminated, shall not exceed 12 square feet in area and five feet in height, and shall be allowed beginning with the commencement of construction and ending with the issuance of the last certificate of occupancy or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as set forth in this subsection. 2. Temporary standard informational signs. i. Each non-residential lot and/or development may display one standard informational sign not exceeding four square feet without a permit, except that during a political election or referendum, between the date of qualification of the candidate or the referendum question and final determination on each ballot issue or candidate, each non-residential lot may display an unlimited number of standard informational signs. All such signs shall be removed within seven calendar days after the purpose of which the sign is intended has be en accomplished.All such signs shall be removed within seven calendar days after a final determination on that election item or referendum that triggered the right to erect the sign. 3. Signs during the sale or lease of property. During the sale or lease of property, one sign per road frontage of the property for sale or lease, shall be allowed. The sign shall not be internally illuminated. The sign shall not exceed nine square feet on major roads, and six square feet on all other roads. A permit shall be required for signs greater than six square feet. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 14 _____ Major roads include: US Hwy 19 (GA 400) McGinnis Ferry Road State Route 9 Arnold Mill Road/State Hwy 140 Windward Parkway Birmingham Hwy/State Hwy 372 Cogburn Road Hopewell Road New Providence Road _____ b. Banners are permitted in all zoning districts, per the following standards: Banners shall be allowed for a period not exceeding ten consecutive days, with no more than four such ten consecutive-day periods being permitted per calendar year, per lot. In addition, each new business shall be allowed a banner for 30 consecutive days starting from the issuance of the business license or occupational tax certificate. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. Banners shall not be more than 24 square feet. A permit shall be required. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet or shall not extend more than five feet above grade when on the ground. All banners mounted on the ground must be supported on all sides by a PVC frame or its equivalent. (2) AG-1 (agricultural district). a. Freestanding signs. Within the AG-1 (agricultural district), standards for freestanding signs are as follows: 1. One maximum 32-square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. 2. One maximum 32-square foot, freestanding sign or two single-faced freestanding signs not to exceed 16 square feet each, shall be permitted for each side of a platted single-family subdivision entrance. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 15 3. Freestanding signs shall have a maximum height of six feet from finished grade. If freestanding signs are illuminated, the light shall come from external sources which shall be screened from view with evergreen plantings as approved by [the] director. Signs shall not have changeable copy. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, during graduation season (from May 1 to June 15). A permit is not required.Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. 3. Each lot may post one seasonal expression sign, maximum 16 square feet in area, for a maximum of 30 days. Such signs shall be located only on private property, with the owner's permission. A permit is required for this sign. For purposes of this paragraph, a seasonal expression sign s hall mean a sign, not otherwise defined in this article, which involves the expression of any idea that could be characterized as free speech and which is not necessarily related to a particular use of land. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the ma ximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (3) Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and NUP districts, standards for signs are as follows: a. Freestanding signs. 1. One maximum 32-square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. 2. One maximum 32-square foot, freestanding sign or two single-faced freestanding signs not to exceed 16 square feet each, shall be permitted for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finished grade, and mayshall not be externallyinternally illuminated, the light shall be screened from view with evergreen plantings as approved by the director, and shall not hav e changeable copy. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 16 c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non -residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag s hall be calculated accordingly. (4) Apartment and townhouse residential districts. Within the apartment and townhouse residential districts, standards for signs are as follows: a. Freestanding signs. 1. One freestanding sign per right-of-way frontage shall be permitted, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Freestanding signs shall not have changeable copy. 5. Freestanding signs may shall benot be externallyinternally lighted. The light shall be screened from view with evergreen plantings as approved by the director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, during graduation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. c. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shal l be 25 feet. The length of the flag shall not exceed one -quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (5) O-I districts. Within the office-institutional districts, standards for signs are as follows: a. Billboards. 1. Along, and oriented toward, state-numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG -1 zoning districts; 3. Minimum 50-foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billb oards or freestanding sign, except standard informational signs; 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the fall zone; RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 17 6. Maximum of 12 feet in height. b. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may shall be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community deve lopment department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have an additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the community development department director. d. Grand opening event signage. Signs for grand opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obtained from the community development department prior to conducting the grand opening event. 1. The special event permit for a grand opening is valid for a period of 48 hours. 2. Signage. i. One banner shall be allowed for a grand opening event, which shal l not exceed 24 square feet in area. (see subsection (1)b.) A separate permit is required for this banner. ii. One, four square foot temporary sign is allowed. 3. A temporary tent may be used in conjunction with a grand opening special event permit. The fire marshal's signoff must be obtained on the special event permit for the use of the tent. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 18 4. One inflatable device is allowed, within the event footprint, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of t he inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 5. One search light or similar device is allowed. The light must be diminished by 11:00 p.m. 6. Temporary outside display of merchandise is permitted for a grand opening event. i. Such display shall be located next to the building entrance door, provided a minimum 36 - inch clear and unobstructed walkway is maintained. ii. Any display not brought inside of the bus iness at close of business day is considered outdoor storage and is prohibited. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 square feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four square foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and p rovide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 p.m. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36-inch clear and unobstructed walkway to the door; and a.b. Such display must be brought inside of the business at close of business day. e. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one -quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (6) Mixed-use districts. Within the mixed-use districts, standards for signs are as follows: a. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 19 5. Signs may shall not be externallyinternally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. b. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant build ings and end units of multitenant buildings may have an additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural feat ures or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Grand opening event signage. Signs for grand opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event per mit must be obtained from the community development department prior to conducting the grand opening event. 1. The special event permit for a grand opening is valid for a period of 48 hours. 2. Signage. i. One banner shall be allowed for a grand opening event, which shall not exceed 24 square feet in area. (see subsection (1)b.) A separate permit is required for this banner. ii. One, four square foot temporary sign is allowed. 3. A temporary tent may be use d in conjunction with a grand opening special event permit. The fire marshal's signoff must be obtained on the special event permit for the use of the tent. 4. One inflatable device is allowed, within the event footprint, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 5. One search light or similar device is allowed. The light must be diminished by 11:00 p.m. 6. Temporary outside display of merchandise is permitted for a grand opening event. i. Such display shall be located next to the building entrance door, provided a minimum 36 - inch clear and unobstructed walk way is maintained. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 20 ii. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 square feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four square foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflat able device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 p.m. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36-inch clear and unobstructed walkway to the door; and b. Such display must be brought inside of the business at close of business day. d. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, dur ing graduation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. e. Flags. Each development may display no more than three flagpoles and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non -residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (7) Commercial and industrial park districts (M-1A). Within the commercial and industrial park districts, standards for signs are as follows: a. Billboards. Within commercial (C-1) and industrial park (M-1A) districts: 1. Along, and oriented toward, state-numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG -1 zoning districts; 3. Minimum 50-foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freesta nding sign, except standard informational signs; RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 21 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, roadways, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height; and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Sign may shall not be internally externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have one additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet or three percent of the wall area. 3. The second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which h as the appearance of carved, distressed, or sandblasted wood as approved by the director. d. Grand opening event signs. Signs for grand opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obtained from the community development department prior to conducting the grand opening event. 1. The special event permit for a grand opening is valid for a period of 48 hours. 2. Signage. i. One banner shall be allowed for a grand opening event, which shall not exceed 24 square feet in area. (see subsection (1)b.) A separate permit is required for this banner. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 22 ii. One, four square foot temporary sign is allowed. 3. A temporary tent may be used in conjunction with a grand opening special event permit. The fire marshal's signoff must be obtained on the special event permit for the use of the tent. 4. One inflatable device is allowed, within the event footprint, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability in surance. 5. One search light or similar device is allowed. The light must be diminished by 11:00 p.m. 6. Temporary outside display of merchandise is permitted for a grand opening event. i. Such display shall be located next to the building entrance door, provided a minimum 36- inch clear and unobstructed walkway is maintained. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 squre feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four squre foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 p.m. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36-inch clear and unobstructed walkway to the door; and b. Such display must be brought inside of the business at close of business day. e. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one -quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (8) Industrial districts. Within industrial districts, standards for signs are as follows: a. Billboards. Within industrial districts (M-1 and M-2), 1. Along, and oriented toward, state-numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG -1 zoning districts; RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 23 3. Minimum 50-foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs; 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height; and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may shall not be externallyinternally lighted. The light shall be screened from view with evergreen planting as approved by the director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Walls signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have one additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. The second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. d. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one -quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (9) Mobile home park districts. Within mobile home park districts, standards for signs are as follows: RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 24 a. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade . 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may shall not be externallyinternally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. 8. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. b. Other signage. 1. Each development may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, during graduation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non -residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size o f the flag shall be calculated accordingly. (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2304—64-2322. - Reserved. DIVISION 4. - OVERLAY DISTRICTS Sec. 64-2323. - This division takes precedence. The standards and requirements of this division shall take precedence over citywide standards and requirements within the boundaries of the given overlay district. (Ord. No. 12-02-128, § 1, 2-22-2012) RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 25 Sec. 64-2324. - State Route 9 Overlay District and Deerfield/Hwy 9 Form Based Code signs. In the State Route 9 Overlay District and Deerfield/Hwy 9 Form Based Code the following signage standards shall apply: (a) All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. When placed back to back, the sign cabinets shall be exactly the same dimension in height and width. The structure and base should match the principal building materials. (b) Multitenant developments are allowed one primary monument for the ove rall development which shall not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet. (c) Multitenant developments on corner lots are allowed an additional monument sign on the secondary street at the project entrance which sha ll not exceed a maximum surface area of 24 square feet and a maximum height of four feet. (d) For multitenant retail, commercial, office, or institutional developments: (1) Each tenant is allowed one, maximum 24 square foot banner, per the time limits sta ted in section 64-2303. (2) The banner shall be placed on the tenant's storefront or wall space. (3) If building location renders installation on the wall not visible from the road, an administrative variance may be applied for to allow the banner to be i nstalled on the ground. The variance shall condition the banner placement to a specific location on the development. a. All ground-mounted banners shall be installed on a PVC frame, or its equivalent. b. If the banner is required to be placed behind a fen ce, the banner shall have a maximum height of 12 feet. (4) No more than four ground-mounted banners may be displayed in a zoned development at one time. (e) Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of 32 square feet and a maximum height of six feet. (f) Gas stations, convenience stores, discount warehouses and similar facilities that sell gasoline may have an additional 24 square feet of surface area and not to exceed six feet in height. (g) Two or more businesses that share a single tenant space are limited to one monument sign, which shall not exceed a maximum surface area of 32 square feet and a maximum height of six feet. (h) Monument signs shall be set back a minimum ten feet from the public right-of-way and shall be a minimum of 35 feet from any other identification monument. (i) Monument signs shall not be internally illuminated. (ij.) Each place of business is allowed a maximum of two wall signs. (jk.) Wall signs shall face public streets and pedestrian parking areas. (kl) Wall signs shall not exceed 100 square feet or five percent of the applicable wall area, whichever is less. The length of the sign shall not exceed ten times the height of the sign. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 26 (lm) Permanent and temporary signs in windows shall not exceed 20 percent of each window. No window signs are allowed in clerestory windows. In no case shall window sig ns exceed ten percent of total wall area of the applicable elevation. (mn) The following information may be permanently displayed in windows or glass doors and is exempt from the 20 percent limit: street address, required to be posted by local, state or f ederal governments. The lettering for this information shall be four inches tall or as required by fire prevention code. Also exempt is are store hours and security information. (no) Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumina tion. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be positioned on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window sings may only be illuminated during the time the commercial establishment is open to the public for business. Any sign on or within five feet of a window is considered a window sign for purposes of application of this section. (op) Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof line or outer edges of the building. (pq) Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. (qr) The architectural color standards of the district apply only to the s ign structure not to the sign face. See the following table. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168C, 181C, 483C, 484C, 675C, 1685C, 4975C Browns, Beiges and Tans 462C to 468C; 4625C to 4685C, 469C, 474C, 475C; 4695C to 4755C 478C, 719C to 724C 725C to 731C Red-Browns 1154U, 1395 1405U RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 27 476U to 482U 719U to 725U 726U to 732U (rs) The following types of signs are prohibited: (1) a. Posters, placards; b. Blinking, rotating, projecting, flashing, fluctuating or otherwise animated; c. Pylon, pole, lollypop; d. Roof, marquee; e. Portable, attached to vehicles; f. Sandwich, a-frame; g. Changeable copy signs; h. Electronic/manual reader boards, changeable copy; i. Internally illuminated window signs (except as allowed in subsection (n)). (2) Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or commercial activity shall not be parked or stored within 100 feet of the curb of any public right-of-way. This standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting customers, except that such vehicles shall not be parked within 50 feet of the cu rb of any public right-of-way after hours if the vehicles are visible from the public right-of-way. (st) Wall signs may be internally illuminated. (t) Monument signs shall be externally illuminated. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 28 STATE ROUTE 9 OVERLAY DISTRICT MAP. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 29 DEERFIELD / HWY 9 FORM BASED CODE MAP Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 30 STATE ROUTE 9 OVERLAY DISTRICT MAP. (Ord. No. 15-04-241, § 1, 4-27-2015) Sec. 64-2325. - Crabapple Form-Based Code Overlay District signs. In the Crabapple Form-Based Code Overlay District the following signage standards shall apply: (a) Freestanding signs. (1) All freestanding signs must meet the following standards: a. Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, and computerized changeable copy. Theatres, schools, churches, parks and gas stations may have changeable copy that is changed manually. b. If illumination is used, the sign shall be externally illuminated. The light shall be screened from view with evergreen plantings as approved by the community development department director. c. The sign structure shall be constructed of wood, brick or stone or a materia l which has the appearance of wood, brick, or stone as approved by the community development department director and to the extent possible shall be the same material as the predominant material of the principal building. d. The sign face and sign letters shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the community development department director. Plastic inserts are prohibited. e. The sign may be supported either on one si de or on both sides (i.e., shingle sign). (2) For nonresidential multitenant building and developments, freestanding signs must meet the following standards: RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 31 a. The maximum height shall be eight feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There may be one sign per right -of-way frontage and it shall be located at a project entrance. (3) For nonresidential single tenant buildings, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There may be one sign per right-of-way frontage, and it shall be located at a project entrance. (4) For residential uses, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two, 12 square foot freestanding signs, which shall not exceed a total of 24 square feet, or one, 16 square foot sign, per entrance. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 32 (b) Wall signs must meet the following standards: (1) Wall signs shall not have changeable copy. (2) If illuminated, wall signs shall be externally illuminated and directed downward. (3) Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs can hang from the building. (4) Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. (5) A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (6) Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign. The maximum s ize for either of these signs shall not exceed three percent of the applicable wall area. (7) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. (c) Other signage. (1) Permanent and temporary signs in windows shall not exceed 20 percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed ten percent of the total wall area of the applicable elevation. Notwithstanding the prohibitions contained in subsection (e) below, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be positioned on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercia l establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window signs may only be illuminated during the time the commercial establishment is open to the public for busin ess. (2) A business may have one sandwich board sign. Sign shall be: RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 33 a. Single or double faced; b. Metal or wood framed (no plastic); c. Black or green, chalkboard type face; d. Located per ADA compliance (minimum 36 inches from the building); no more tha n ten feet from building; e. Located so as not to impede pedestrian or vehicular traffic; f. Not placed in tree island or landscape strip; g. Maximum height of four feet, six square feet per panel; h. Brought inside at the close of business. (d) Sign structure colors. Permitted colors for Crabapple Form Based Code Overlay District sign structures shall be limited to those listed in the table below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 316C 401-405C 407-412C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 4491C 497 553 5536 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 625U 627U Warm Grey 5-7C Warm Grey 8-11 RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 34 (e) The following types of signs are prohibited: (1) Monument; (2) Pylon, pole, lollypop, projecting signs; (3) Roof, marquee; (4) Electronic or manual reader boards, changeable copy signs; (5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated; (6) Portable, excluding sandwich signs; (7) Posters, placards. _____ CRABAPPLE FORM-BASED CODE OVERLAY DISTRICT MAP. (Ord. No. 12-02-128, § 1, 2-22-2012; Ord. No. 12-08-140, § 1, 8-20-2012) _____ Sec. 64-2326. - Birmingham Crossing Overlay District signs. In the Birmingham Crossroads Overlay district, the following sign standards shall apply: (a) Freestanding signs. (1) All freestanding signs must meet the following standards: RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 35 a. Signs shall not have changeable copy, including scrolling, rotating, flashin g, and computerized changeable copy. b. If illumination is used, the sign shall be externally illuminated. The light shall be directed downwards. c. The sign structure shall be constructed of wood, brick or stone and to the extent possible, shall be the same material as the predominant material of the principal building. d. The sign face shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood, or stone, as approved by the director. Plastic inserts are prohibited. e. The sign may be supported either on one side or on both sides (i.e., shingle sign). (2) For nonresidential multitenant building and developments, freestanding signs must meet the following standards: a. The maximum height shall be eight feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There may be one freestanding sign per right-of-way frontage. (3) For nonresidential single tenant buildings, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There may be one freestanding sign per right-of-way frontage. (4) For residential uses, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. The maximum size shall be 16 square feet. c. Each residential development may have a maximum of one sign per entrance. (b) Wall signs. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 36 (1) Wall signs shall not have changeable copy. (2) If illuminated, wall signs shall be externally illuminated, with the lighting directed downward. (3) Wall sign shall not cover architectural features or details and not extend beyond the roof line. (4) Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the community development department director. (5) A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded fro m the calculation of the applicable sign area. (6) Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign. The maximum size for either of these signs shall not exceed three percent of the applicable wall area. (7) A business may have an additional sign, perpendicular to the wall, with a maximum sign area size of four square feet. (8) A portion of the wall sign can be placed on an overhang or a canopy. (c) Other signage. (1) Permanent and temporary signs in windows shall not exceed 20 percent of each window, and shall not block visibility from outside the store. No window signs are allowed in clerestory windows. In no case shall window signs exceed 10 percent of the total wall area of the applicable elevation. Internally illuminated window signs are prohibited. (2) A business may have one sandwich board sign. Sign shall be: a. Single or double faced. b. Metal or wood framed (no plastic). c. Black or green, chalkboard type. d. Location shall be ADA compliant (minimum 36 inches from the building); no more than ten feet from building. e. Not allowed to impede pedestrian or vehicular traffic. f. Not placed in tree island or landscape strip. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 37 g. Max height of four feet, six square feet per panel. h. Brought inside at the close of business. (d) Sign structure colors. Permitted colors for Birmingham Crossroads sign structures are limited to those listed below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 4975 2C-7C 553 289C 5363 3316 539 401-405C 548 407-412C 5467 412C 5743U 415-419C 5747U 423C 5757U 424-425C 5773U 448-450C 5815U 4485U 5835U 4495C 625U 451C 627U 4505C Warm Grey 5-7C RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 38 4515-4525C Warm Grey 8-11 455C 462U 464U 476U 478U 484C 491C (e) The following types of signs are prohibited: (1) Pylon, pole, lollypop, projecting signs. (2) Monument signs. (3) Roof, marquee signs. (4) Electronic or manual reader boards, changeable copy signs. (5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated. (6) Portable signs, excluding sandwich signs. (7) Posters, placards. (8) Internally illuminated wall signs. _____ RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 39 BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 12-02-128, § 1, 2-22-2012) _____ DIVISION 5. - OTHER SIGN REQUIREMENTS Sec. 64-2327. - Master signage plan. (a) Purpose. (1) A master signage plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior signs associated with a multitenant or multibuilding development. The master signage plan shall ensure long term aesthetic compatibility of signage throughout the development. The requirement of this section shall be in addition to the overlay signage requirements of the City of Milton. In the event of any conflict betwe en this section and the overlay signage requirements, this section shall prevail. (2) The goal of a master signage plan is to: a. Adequately and effectively communicate business identity and type to the public; b. Promote consistency among signs within a development, thus creating visual harmony between signs, buildings, landscaping and other components of the property; RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 40 c. Enhance the compatibility of signs with the architectural and site design features within a development; d. Encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; e. Protect the community from sign clutter and visual blight resulting from excessive and redundant signs. (b) Applicability. (1) A master signage plan is required for all new developments and newly zoned multiple tenant, commercial buildings, all multi building or multi occupant commercial or office developments, all mixed use developments, single-family and multifamily developments. (c) Approval authority. (1) A master signage plan for a property that is undeveloped and does not require rezoning, shall be reviewed by the City of Milton Department of Community Development as part of the site plan review process, and must be approved by the director. If the property req uires rezoning or a use permit, it shall be reviewed as part of the rezoning/use permits process, and must be approved by the mayor and city council. A separate sign permit will be required for all nonexempt signs (as indicated in the City of Milton Sign Ordinance). (2) The master signage plan shall utilize the types of signs described in this section to create a harmonious, consistent system of signage that improves the public safety within the development. (d) Application requirements. (1) A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, which shall include the following: a. Proposed sign palette, which may include: 1. Entryway signs. 2. Primary multitenant freestanding signs. 3. Secondary multitenant freestanding signs. 4. Single tenant/outparcel freestanding signs. 5. Office/industrial park project freestanding signs. 6. Residential development freestanding signs. 7. Secondary residential development freestanding signs. 8. Tenant directory freestanding signs. 9. Tenant directory wall signs. 10. Directional freestanding signs. 11. Temporary standard informational signs. 12. Real estate signs. 13. Temporary banners. 14. Signs during construction. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 41 15. Wall signs. 16. Shingle/blade signs. 17. Window signs/graphics. 18. Awning/canopy signs. 19. Tenant informational signs. b. Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs included in the sign palette; c. Size and number of all proposed signs, including maximum area, letter height, number height, etc.; d. Color and style palette for all signs, including context of where signs are to be placed on any given façade; e. Type of illumination proposed (external, internal, etc.); f. Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and other landscaping elements that are intended to complement the proposed sign palette and design; g. Site location map; h. Photos of property as it appears from the street; i. Any other information reasonably required by the director. (e) Design guidelines. (1) The following sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion. Because not all design c riteria may be workable or appropriate for each sign or project, the director or mayor and city council may allow deviation from the design guidelines in their application to specific signs or projects, where the proposed master signage plan creates a harmonious, consistent system of signage that improves the public safety within the development. The following subsections provide examples of acceptable forms of signage. Pictures are not to scale. _____ (2) Signs by type: a. Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use development, community or area. Such signs may flank both sides of the entrance and may include ground or landscape wall sign types. An entryway sign may identify the name of the community and/or interior businesses or communities. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 42 b. Primary multitenant freestanding signs. Primary multitenant freestanding signs means freestanding signs located on a multitenant site, and which are orientated to be visi ble from the road. Primary multitenant freestanding signs may provide formal identification of the entire project to arterial traffic. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 43 c. Secondary multitenant freestanding signs. Secondary multitenant freestanding signs means freestanding signs located on a corner lot, on a multitenant site, and which are orientated to be visible from the road. Secondary multitenant freestanding signs may provide formal identification of the ent ire project or one or some of the project's tenants. d. Single tenant/outparcel freestanding signs. Single tenant/outparcel freestanding signs means signs located on single tenant sites and outparcels, and which are orientated to be visible from the road. Single tenant/outparcel freestanding signs may provide formal identification of the business locate d on the site. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 44 e. Office /industrial park project identification freestanding signs. Office/industrial park project identification freestanding signs means freestanding signs which are located at the entrance to a platted office or industrial park. Office/industrial park project identification freestanding signs may identify the platted name of the office or industrial park. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 45 f. Residential development freestanding signs. Residential development freestanding signs means freestanding signs located at the entrance to a residential development. Residential development freestanding signs may identify the name of a single family, townhome or apartment development. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 46 g. Secondary residential development freestanding signs. Secondary residential development freestanding signs means pillar type freestanding signs which are located at different phases within a residential development, or at the entrance to an amenity area within a residential development. A secondary residential development freestanding sign may indicate the name of the phase or unit within a single -family or townhome residential development. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 47 h. Tenant directory freestanding signs. Tenant directory freestanding signs means ground signs which are placed internal to the development or community, and cannot be read f rom the right-of-way. They may provide a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 48 i. Tenant directory wall signs. Tenant directory wall signs means signs which are placed internal to the development or community, and are not intended to be read from the right - of-way. These signs may provide a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification. Tenant directory wall signs shall have a maximum size of 12 square feet. j. Directional freestanding signs. Directional freestanding signs means signs used at driveways to improve public safety and to enhance public access to the site from public streets. These signs may be used to direct pedestrian or vehicular traffic on a parcel. If lighted, directional freestanding signs shall be externally illuminated. These signs shall have a maximum height of three feet. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 49 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 50 k. Temporary standard informational signs. Temporary standard informational signs means signs located on private property, with an area of not greater than four square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than five feet and are mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches. There shall be no more than three temporary standard informational signs per residential lot, and no more than one per commercial lot. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 51 l. Sandwich boards. Sandwich boards means A-frame signs with a black or green chalkboard type face, with a wood frame. The maximum height of sandwich boards shall be four feet, with a maximum sign face of six square feet per panel. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 52 m. Temporary freestanding signs. Temporary freestanding signs means signs which are erected while a tenant space, building or vacant lot is currently for sale, lease or rent. A property or space for sale or lease is allowed one temporary freestanding sign per road frontage. On major roads, as defined in section 64 -2303, temporary freestanding signs are allowed to be a maximum of nine square feet in size, while such signs are allowed to be a maximum of six square feet in size on all other roads. Temporary freestanding signs shall have a maximum height of nine feet. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 53 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 54 n. Temporary banners. Temporary banners means signs, other than flags, with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that are intended to be hung either with a frame or without a frame. Neither flags nor canopy signs are considered banners. (Canopy signs are counted toward wall signage). Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 55 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 56 o. Signs during construction. Signs during construction means temporary, freestanding signs that shall be allowed beginning with the commencement of construction and ending with the issuance of the last certificate of occupancy, or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as above. If lighted, the sign shall be externally illuminated. Signs during construction are allowed to be a maximum of 12 square feet, with a maximum height of five feet. p. Wall signs. Wall signs means any signs attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as otherwise set forth herein. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 57 Field Code Changed Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 58 q. Shingle/blade signs. Shingle/blade signs means signs suspended from a roof overhang of a covered porch or walkway or attached to a building wall fascia, which may, for example, identify the tenant of the adjacent space. These signs shall be installed perpendicular to the wall. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 59 r. Window signs/graphics. Window sign/graphics means any sign, cut-out letters, painted text or graphics, window film, or other text or visual presentation that is affixed to the interior or exterior of the window or window panes, or within five feet of the interior of the window or window panes and is visible from the exterior of the structure. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 60 Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 61 s. Awning/canopy signs. Awning/canopy signs means any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. The term "awning/canopy sign" does not include a marquee. Awning/canopy signs may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 62 t. Tenant informational signs. Tenant informational signs means wall or ground signs intended primarily for the convenience of the public or to ensure the orderly operation of the site, that may include, for example, signs designating restrooms, address numbers, public telephone and in structions regarding parking. Each tenant informational sign shall be a maximum of 12 square feet, with no single sign greater than four square feet. Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 63 Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 64 _____ u. Prohibited signs. The following types of signs are prohibited in the Master signage plan: 1. Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, streamers or air or gas filled figures and other similar temporary signs (except where specifically allowed). 2. Beacons, search lights, laser lights or images (except where specifically allowed). 3. Audible signs. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 65 4. Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. 5. Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. 6. Roof signs, Marquee signs 7. Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG-1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. 8. Obscene signs. 9. Illegal activity signs. 10. Signs not maintained. 11. Animated signs, flashing signs, rotating signs, and changeable copy signs. 12. Imitation traffic signs. 13. Graffiti. 14. Sign kiosks. 15. Signs attached to or painted on natural objects. 16. Temporary signs and banners attached to fences o r walls (except where specifically allowed). 17. Internally illuminated window signs, including neon, except as allowed in subsections 64-2324(n) and 64-2325(c). 18. Signs in landscape strip unless approved by the city arborist. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2328. - Reserved. DIVISION 6. - VIOLATIONS AND PENALTIES Sec. 64-2329. - Violations; penalties. (a) Noncompliance. No person shall erect or allow to be erected on any premises owned or controlled by that person any sign which does not comply with the standards of this article. (b) Dangerous or defective condition. No person shall maintain or allow to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the permittee of the sign, the owner of the premis es, or as otherwise provided for in this article. (c) Separate violation. Each sign installed, created, erected or maintained in violation of this article, and any sign allowed to be so installed, created, erected or maintained, shall be considered a sepa rate violation when applying the penalty portions herein. (d) Public nuisance. Any violation of this article is hereby declared to be a public nuisance. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 66 (e) Penalties. In the event of a violation of any violation of this article, the city shall be entitl ed to pursue any one or more of the following remedies: suspension of the sign permit in accordance with subsection 64-2330(a), revocation of the sign permit in accordance with subsection 64 -2330(b), termination of the sign permit in accordance with subsec tion 64-2330(c), citation in accordance with subsection 64-2330(d), injunctive relief in accordance with subsection 64 -2330(e) and removal of the sign in accordance with subsection 64-2330(f). (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2330. - Suspension; revocation, termination, citation, removal. (a) Suspension. (1) If a sign permit was issued by the city in error, the permit is void ab initio. Immediately upon discovery of facts suggesting that a permit was issued in error, the director shall suspen d the permit and give notice to the permittee of the suspension. The notice shall advise the permittee of the determination that the permit was issued in error, the permit has been suspended, the reason(s) for the suspension, and that the permittee shall h ave 30 days to appeal the determination that the permit was issued in error pursuant to the procedures for appeals of administrative decisions. (2) No work shall be performed pursuant to any sign permit while such permit is suspended. (3) If no appeal is filed within 30 days from the date of the notice, the permit shall be deemed revoked. (4) Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal of a sign permit suspension decision is not rendered within 60 days after the filing of a completed application for appeal of the decision to suspend the sign permit, the decision to suspend the permit shall be deemed reversed and the sign permit shall be reinstated upon request of the applicant. (b) Revocation. (1) a. Prior to the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign permit was issued pursuant to an application containing a false material statement or omission, the director shall revoke said permit and the subject sign shall not be entitled to be erected. b. A revocation pursuant to this subsection shall be appealable pursuant to the procedures for appeals of administrative decisions outlined in this zoning ordinance. Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision o n an appeal of a sign permit revocation decision is not rendered within 60 days after the filing of a completed application for appeal of the decision to revoke the sign permit, the decision to revoke the permit shall be deemed reversed and the sign permit shall be reinstated upon request of the applicant. (2) After the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign permit was issued pursuant to an application containing a false material statement or omission, the director shall issue a stop work order on the erection of the sign and submit a recommendation to the mayor and city council that the permit be revoked. The mayor and city council shall then conduct a revocation hearing in accordance with sec tion 64-2332, below. (c) Termination. A violation of any provision of this article once initiation of work pursuant to a sign permit issued by the city has begun shall be grounds for termination of the permit. No permit shall be terminated and until after the permittee is granted a public hearing as set forth in section 64 -2332, below. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/14/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 67 (d) Citation. If any sign or other device covered by this article is erected, constructed, altered, converted or used in violation of any provision of this article, the dir ector may issue a citation. Any violation of this article shall be an offense, and the violator shall be subject to a fine of up to $1,000.00 per day or imprisonment for up to 60 days, or by both such fine and imprisonment. The citation shall be prosecuted subject to the same procedures established for violations of this zoning ordinance. (e) Injunction. If any sign or other device covered by this article is found to be in violation of this article after a public hearing conducted in accordance with sectio n 64-2332, below, the city may seek an injunction against the continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. (f) Removal. (1) If any sign or other device covered by this article is found to be in violation of this article after a public hearing conducted in accordance with section 64 -2331, below, the city may order the removal of the sign by written notice to the permit holder; or if t here is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the permit. (2) Procedure following removal order. If the sign is not removed within the time allowable pursuant to the city's written notice ordering removal pursuant to section 64 -2331 the city may remove or cause to be removed the sign and colle ct the costs therefore from the permit holder, the owner of the sign, the sign erector, any party that procured the erections of the sign, or the owner of the property on which the sign is located. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2331. - Notice. The director shall give the holder of a sign permit at least 14 calendar days' written notice of any public hearing with respect to the termination of the sign permit, unless the urgency of the particular situation resulting in the hearing and the pra ctical considerations of completing measures to comport with the standards of this article reasonably justify less notice in order to protect the public health, safety and welfare. The notice shall include the date of the hearing; the violations alleged to have occurred that will be the subject of the public hearing, and the relief to be considered by the city council. The notice shall advise the permittee of the time and place of the hearing, their right to appear at the hearing and to contest the violation and proposed relief. Upon notification by the director of a sign or other device covered by this article being in violation of this article, the city council shall schedule a public hearing at its next available regular meeting whereby the holder of the sign permit for the sign or device that is in violation can receive notice in compliance with subsection 64-2330(c), above. At the public hearing the council shall consider whether to terminate the permit and require such other relief as may be necessary to protect the public health, safety, and welfare. The hearing shall be conducted in accordance with the minimum requirements for public hearings as set forth in the Georgia Zoning Procedures Law (O.C.G.A. § 36 -66-1 et seq.). (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2332—64-2345. - Reserved. I HOME OF' HE BEST QUALITY OF LIFE IN GFURGIA' M1 - LTON11 FSTABI ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Comprehensive Plan Advisory Committee from District 3/Postl . MEETING DATE: Monday, December 21, 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 VNO CITY ATTORNEY REVIEW REQUIRED: () YES j(NO APPROVAL BY CITY ATTORNEY (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Z Z 1 1 S REMARKS © .No YOUEM __ PHONE: 678.242.25001 FAX: 678.242.2499 Gf6ew or*cep"its* `oc,ioa „t�t,�.t�� infoC�cityofmiitonga.us I www.cityofmiitanga.us Community ® y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON COMPREHENSIVE PLAN ADVISORY COMMITTEE FROM DISTRICT 3/POST 1 AND APPOINTING AN ELECTED OFFICIAL TO CPAC BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on December 21, 2015 at 6:00 p.m. as follows: SECTION 1. That the Mayor and Each Councilperson shall nominate his or her designee for one (1) of seven (7) of the 16 positions on the Committee as follows; SECTION 2. That _______________ (District 3/Post 1) is hereby appointed for a term commencing December 21, 2015 and ending on December 31, 2017 and, SECTION 3. That the remainder of the 16 positions shall consist of the seven members of the City of Milton Planning Commission, the Chairman of the City of Milton Board of Zoning Appeals, and the Chairman of the City of Milton Design Review Board and shall serve on the Advisory Committee to the City of Milton Comprehensive Plan Update consistent with their terms on their respective board or commission. SECTION 4. That Peyton Jamison is hereby appointed for a term commencing on November 16, 2015 and ending on December 31, 2017 as Chairperson to the Comprehensive Plan Advisory Committee. SECTION 5. That Councilmember ______________________ is hereby appointed to serve from the governing authority of the City of Milton in accordance with Atlanta Regional Commission’s Requirements of Minimum Standards and Procedures for Local Comprehensive Planning [Chapter 110-12-1-.02(2)(b)]. SECTION 6. That this Resolution shall become effective upon its adoption. RESOLVED this the 21st day of December, 2015. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________ Sudie AM Gordon HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to Milton Grows Green for the City of Milton. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: ) Z REMARKS () YES O NOT APPROVED KNO Y, NO O APPROVED O NOT APPROVED 21IS "M , rreE W i c_c_ anS / 2 1-71 S 6) PHONE: 678.242.25001 FAX: 678.242.2499 GE'eE'1I '+� *cuts -d info@cityofmiHonga.us I www.cityofmiltonga.us t� i Community E�%;�fd 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on December 17, 2015 for the December 21, 2015 Regular Meeting Agenda Item: Consideration of a Resolution Appointing or Reappointing Members to Milton Grows Green for the City of Milton. ____________________________________________________________________________ Executive Summary: According to the Milton Grows Green bylaws, the officers shall be elected by a majority vote of the members in good standing. Elections will be held annually in the fourth quarter of the calendar year. The new slate of officers will then be presented to the City Council for consideration and ratification. Milton Grows Green met at a Special Called meeting on December 17, 2015 at 5:45 pm to determine the appointments of the Committee’s Chair, Vice Chair and Chair Emeritus. They voted to recommend the following positions be filled as follows: Chair – Jack Lindon Vice Chair – Margaret Lamb Chair Emeritus – Jon McPhail Alternatives: Do not approve. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO MILTON GROWS GREEN FOR THE CITY OF MILTON BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on December 21, 2015 at 6:00 p.m. as follows: SECTION 1. That _______________ is hereby appointed as Chairperson for a term commencing January 1, 2016 and ending on December 31, 2016; and SECTION 2. That _______________ is hereby appointed as Vice-Chairperson for a term commencing January 1, 2016 and ending on December 31, 2016. SECTION 3. That _______________ is hereby appointed as Chairperson Emeritus for a term commencing January 1, 2016 and ending on December 31, 2016. RESOLVED this 21st day of December, 2015. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, City Clerk V HOME OF ' MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Waiver of Conflict Regarding Jarrard & Davis, LLP's Relationship with Pond & Company in Relation to the Representation of the City of Milton in Connection with Pond & Company for Provisions of a Signal Modification Design for SR9 at Bethany Bend. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL. BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY ()(APPROVED () NOT ((1APPROVED PLACED ON AGENDA FOR: 12,-2-11S ,-u n REMARKS M'# YOUEM*** PHONE: 678.242.25001 FAX: 678.242.2499 Glreen ' ; cells,* roR,igp Gcy of info@cityofmiltonga.us I www.cityofmiltonga.us Community E,h�Gt 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on December 7, 2015 for the December 21, 2015 Regular Council Meeting Agenda Item: Consideration of a Waiver of Conflict Regarding Jarrard & Davis, LLP’s Relationship with Pond & Company in Relation to the Representation of the City of Milton in Connection with Pond & Company for Provisions of a Signal Modification Design for SR 9 at Bethany Bend. ____________________________________________________________________________ Department Recommendation: To approve the Waiver of Conflict for signature by Mayor Joe Lockwood. Executive Summary: Jarrard and Davis, LLP, city attorneys for the city of Milton, are currently part of a team with Pond & Company that has been selected to develop a Unified Development Code for the city of Snellville. The city of Milton has also chosen Pond & Company to create a traffic signal modification plan for the intersection of State Route 9 at Bethany Bend. Jarrard and Davis, LLP requests that the city of Milton sign a Waiver of Conflict to acknowledge and waive any apparent or potential conflict of interest arising from or attributable to Jarrard and Davis, LLP’s presentation of the city of Milton regarding the agreement and its simultaneous collaboration with Pond and Company on unrelated matters. Funding and Fiscal Impact: None. Alternatives: Waiver of Conflict Staff Memo Page 2 of 2 Do not approve. Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None. WAIVER OF CONFLICT WHEREAS, the City of Milton, Georgia (the "City") is a municipal corporation of the State of Georgia; and and WHEREAS, Pond & Company ("P&C") is a business incorporated in the State of Georgia; WHEREAS, the City is now, and has been, represented by the Iaw firm of Jarrard & Davis, LLP; and WHEREAS, P&C is now, and has been, working alongside the law firm of Jarrard & Davis, LLP on certain matters unrelated to the City; and WHEREAS, the City and P&C desire to enter into an agreement (the "Agreement") for services which are generally described as creation of a traffic signal modification plan for the intersection of State Route 9 at Bethany Bend; WHEREAS, the City recognizes that Jarrard & Davis, LLP's representation of the City in connection with the Agreement and its collaboration with P&C on unrelated work could result in the appearance of a potential conflict of interest; and WHEREAS, the governing body of the City has considered and consulted with attorney Ken Jarrard regarding the issue, been informed of the potential for conflicts or competing interests between the City and P&C related to the Agreement and risks associated with same, considered the alternative of obtaining independent representation in this matter, and had the opportunity to consult with independent counsel; and WHEREAS, the law firm of Jarrard & Davis, LLP will continue to represent the City in connection with the Agreement; NOW THEREFORE, in light of the above, the governing body of the City of Milton. Georgia does hereby waive any apparent or potential conflict of interest arising from or attributable to JARRARD & DAVIS, LLP'S representation of the City regarding the Agreement and its simultaneous collaboration with P&C on unrelated matters. This day of 2015. CITY OF MILTON, GEORGIA I: Joe Lockwood, Mayor 2 HE HOME OF'THE BEST QUALITY OF LIFE ON GEORGIA.' MILTONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Consideration of Subdivision Plats. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES ONO CITY ATTORNEY REVIEW REQUIRED: () YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Z 21 1 REMARKS N4— YOU(M*** PHONE: 678.242.25001 FAX: 678.242.2499 "Green (:ertffled* roP.t�a infoftityofmiltonga.us I www.cityofmiitonga.us tie❑ Community �EmA 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "�" 'a To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on December 10, 2015 for the December 21, 2015 Regular Council Meeting Agenda Item: Consideration of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Rivers Edge Subdivision Final Plat Create lots 23 lots Blue Valley Subdivision Phase IIB Final Plat Create 22 lots David & Stacy Jackson Property Minor Subdivision Plat Create 2 lots North Valley Minor Subdivision Plat Re-plat of 2 lots, unit 2 Oakmont at Crabapple Final Subdivision Plat Create 33 lots Susan J. Wheatley Minor Subdivision Plat Create 3 lots Sixto Omar Martinez Rivera & Jose Gabriel Montalva Alvarez Minor Subdivision Plat Create 2 lots Plat Revision Staff Memo Page 2 of 2 Name of Development Action Comments Cambridge Estates Minor Subdivision Plat Create 3 lots Manorview Phase 3 Final Plat Create 27 lots Parkside at Silos Final Subdivision Plat Create 14 lots Colins Hill Farm Minor Subdivision Plat Create 3 lots Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None. U HOME OF ' FSTA13i..lSHFD2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 14, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the Milton City Council Consenting to the Expansion of North Fulton Community Improvement District. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES VNO CITY ATTORNEY REVIEW REQUIRED: Y, YES () NO APPROVAL BY CITY ATTORNEY K APPROVED PLACED ON AGENDA FOR: IZ Z i I .9 REMARKS (J NOT APPROVED 1* 10 youlm— PHONE: 678.242.25001 FAX: 678.242.2499 Green *cert+i+�* ToPtoa ' Cin n1 infoftityofmiNonga.us I www.cityofmiitonga.us t+n� Community 13000 Deerfield Parkway, Suite 707 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on December 16, 2015 for the December 21, 2015 Regular Meeting Agenda Item: Consideration of a Resolution of the Milton City Council Consenting to the Expansion of North Fulton Community Improvement District. ____________________________________________________________________________ Department Recommendation: Approve. Executive Summary: Expansion of the North Fulton Community Improvement District requires the consent of the Milton city council by resolution. However, this expansion will not impact Milton. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Resolution NFCID Expansion Summer/Fall 2015 Listing RESOLUTION OF THE MILTON CITY COUNCIL CONSENTING TO EXPANSION OF NORTH FULTON COMMUNITY IMPROVEMENT DISTRICT WHEREAS, by Act of the Legislature, 1987 Ga. L. 5460, as amended, the Georgia Legislature enacted the Fulton County Community Improvement Districts Act; and WHEREAS, pursuant to said Act, the North Fulton Community Improvement District (hereinafter “CID”) was created by Resolution of the Fulton County Commission, the City of Alpharetta, and the City of Roswell in 2003; and WHEREAS, a majority of the owners of real property within a proposed expansion area, as attached hereto, which will be subject to taxes, fees, and assessments levied by the District Board, have consented in writing to their inclusion into the CID; and WHEREAS, the owners of real property within the proposed expansion area of the CID which constitutes at least 75% by value of all real property within said expansion area which will be subject to taxes, fees and assessments levied by the District Board, according to the most recent approved Fulton County ad valorem tax digest, have consented in writing to the ir inclusion into the CID; and WHEREAS, the Milton City Council has determined that the expansion of the CID would promote the provision of governmental services and facilities within said District; and WHEREAS, the Milton City Council has determined that the expansion of the CID would be in the best interest of the citizens of the City of Milton. NOW, THEREFORE, BE IT RESOLVED, that the City of Milton consents to the expansion of the boundaries of the North Fulton Community Improvement District as attached hereto. PASSED AND ADOPTED by the Milton City Council, Georgia this ____ day of ______________, 2015. ______________________________ Mayor ATTEST: __________________________ City Clerk Parcel Number Owner Name Assessed Value Consenting Value CO Owner Consent 12-2490-0607-034-4 PAPPAS RESTAURANTS INC $1,891,600.00 $1,891,600.00 1 1 Yes 12-2490-0606-030-3 ALPHARETTA FAMILY SKATE CENTER $2,760,000.00 $2,760,000.00 1 1 Yes 12-2370-0606-039-9 SAM'S REAL ESTATE BUSINESS TRUST $5,734,760.00 $5,734,760.00 1 1 Yes 12-2380-0607-020-6 SAM'S REAL ESTATE BUSINESS TRUST $1,608,000.00 $1,608,000.00 Yes 12-2170-0521-055-9 SCOTT H LEE JR TR $8,758,920.00 $8,758,920.00 1 1 Yes 12-2260-0545-013-1 VENN LAND & CREEK LLC $499,600.00 $499,600.00 1 1 Yes 12-2370-0592-035-3 NORTHFIELD COURT LLC $1,146,000.00 $1,146,000.00 1 1 Yes 12-2260-0558-014-3 NORTHFIELD COURT LLC $1,113,200.00 $1,113,200.00 Yes 12-2340-0597-071-0 NORTHMEADOW INVESTORS LLC $660,000.00 $660,000.00 1 1 Yes 12-2340-0597-072-8 NORTHMEADOW INVESTORS LLC $1,200,000.00 $1,200,000.00 Yes 12-2340-0600-179-6 NORTHMEADOW INVESTORS LLC $1,485,320.00 $1,485,320.00 Yes 12-2350-0595-043-8 NORTHMEADOW INVESTORS LLC $1,744,720.00 $1,744,720.00 Yes 12-2170-0507-031-8 AMY INC $594,240.00 $594,240.00 1 1 Yes 12-2252-0557-004-5 SCHROEDER INDUSTRIES LIMITED LLC $600,000.00 $600,000.00 1 1 Yes 12-2250-0546-064-5 SCROEDER INDUSTRIES LIMITED LLC $158,800.00 $158,800.00 1 1 Yes 12-2250-0545-063-8 SCROEDER INDUSTRIES LIMITED LLC $202,800.00 $202,800.00 Yes 12-2252-0557-001-1 FREEPORT TITLE & GUARANTY INC TR $60,680.00 $60,680.00 1 1 Yes 12-2252-0557-002-9 FREEPORT TITLE & GUARANTY INC TR $65,480.00 $65,480.00 Yes 12-2250-0546-053-8 ELLIS POINTE LLC $227,440.00 $227,440.00 1 1 Yes 12-2260-0558-019-2 RLP NORTHFIELD LLC $2,960,000.00 $2,960,000.00 1 1 Yes 12-2490-0639-039-5 30 WEST PERSHING LLC $8,112,600.00 $8,112,600.00 1 1 Yes 21-5680-1034-084-4 NORTH ATLANTA GOLF PROPERTIES LLC $141,480.00 $141,480.00 1 1 Yes 21-5700-1166-012-1 NORTH ATLANTA GOLF PROPERTIES LLC $160,560.00 $160,560.00 Yes 21-5620-1170-099-9 NORTH ATLANTA GOLF PROPERTIES LLC $189,520.00 $189,520.00 Yes 21-5690-1100-022-1 NORTH ATLANTA GOLF PROPERTIES LLC $68,760.00 $68,760.00 Yes 21-5690-1122-127-2 NORTH ATLANTA GOLF PROPERTIES LLC $44,640.00 $44,640.00 Yes 21-5610-1104-140-4 NORTH ATLANTA GOLF PROPERTIES LLC $482,320.00 $482,320.00 Yes 21-5640-1035-007-3 NORTH ATLANTA GOLF PROPERTIES LLC $72,080.00 $72,080.00 Yes 21-5650-1103-011-9 NORTH ATLANTA GOLF PROPERTIES LLC $3,892,840.00 $3,892,840.00 Yes 21-5700-1167-015-3 NORTH ATLANTA GOLF PROPERTIES LLC $93,600.00 $93,600.00 Yes 21-5570-1106-020-4 NORTH ATLANTA GOLF PROPERTIES LLC $477,360.00 $477,360.00 Yes 21-5660-1186-010-9 NORTH ATLANTA GOLF PROPERTIES LLC $82,280.00 $82,280.00 Yes 21-5661-1168-051-4 NORTH ATLANTA GOLF PROPERTIES LLC $2,520.00 $2,520.00 Yes 21-5530-1107-034-3 GEORGIA POWER CO $0.00 $0.00 1 1 Yes 21-5530-1107-035-0 GEORGIA POWER CO $0.00 $0.00 Yes 21-5520-1047-060-3 GEORGIA POWER CO $0.00 $0.00 Yes 12-2470-0644-010-3 GEORGIA POWER CO $0.00 $0.00 Yes 12-2460-0645-021-1 GEORGIA POWER CO $0.00 $0.00 Yes 12-2490-0607-031-0 Rock Mill 400 LP $1,298,320.00 $1,298,320.00 1 1 Yes 12-2380-0607-038-8 ABBINK OPAL D ET AL $1,032,600.00 1 No 12-2380-0607-035-4 Cole OB Alpharetta GA LLC $906,720.00 1 No 12-2490-0654-009-8 Suntrust Bank NA Et Al $74,880.00 1 No 12-2170-0521-056-7 NINE SEVEN SIX MANSELL LLC $720,000.00 1 No 12-2170-0521-057-5 ASBURY ATLANTA LEX LLC $3,300,000.00 1 No 12-2180-0522-044-0 SAYAD PARTNERSHIP LP THE $776,520.00 1 No 12-2180-0522-042-4 MANSELL RETAIL LLC $699,000.00 1 No 12-2184-0522-001-6 TAYLOR JUDITH S $151,640.00 1 No 12-2182-0522-012-5 CNCC HOLDINGS LLC $655,360.00 1 No 12-2260-0558-069-7 BLOCK INCOME FUND II LLP & GINDIE ELIE JACK TR $1,935,200.00 1 No 12 -2170-0520-054-3 POSTELL PROPERTIES ONE LLC $742,280.00 1 No 12 -2170-0508-045-7 NORTHSIDE AUTOMOTIVE HOLDINGS LLC $101,480.00 1 No 12 -2170-0508-037-4 NORTHSIDE AUTOMOTIVE HOLDINGS LLC $326,400.00 No 12 -2170-0507-039-1 NORTHSIDE AUTOMOTIVE HOLDINGS LLC $693,960.00 No 12 -2170-0507-040-9 NORTHSIDE AUTOMOTIVE HOLDINGS LLC $86,040.00 No 12 -2170-0508-043-2 NORTHSIDE AUTOMOTIVE HOLDINGS LLC $740,000.00 No 12 -2370-0591-059-4 MANSELL PARTNERS $32,000.00 1 No 12 -2370-0591-058-6 PHOENIX INVESTMENTS MIRAJ LLC $129,590.00 1 No 12 -2370-0591-037-0 PUETT THOMAS L $4,200.00 1 No 12 -2370-0592-044-5 PUETT THOMAS L $1,360,000.00 No 12 -2370-0558-043-9 PUETT THOMAS L $1,094,400.00 No $64,152,710.00 $48,590,440.00 17 32 76%53% 12-2380-0607-039-6 City of Alpharetta $0.00 NA Non-Value-Added Parcels Value-Added Parcels NFCID Expansion Summer/Fall 2015 12-2170-0521-055-9 Alderwoods Georgia Inc $0.00 NA 12-2170-0506-049-1 Alderwoods Georgia Inc $0.00 NA 12 -2462-0648-030-7 FULTON COUNTY BOARD OF EDUCATION $0.00 NA 12 -2470-0644-014-5 CITY OF ALPHARETTA $0.00 NA 12 -2380-0590-044-5 CITY OF ALPHARETTA $0.00 NA 12 -2620-0685-031-8 CITY OF ROSWELL $0.00 NA 12 -2510-0636-009-7 CITY OF ALPHARETTA $0.00 NA 12 -2620-0685-011-0 CITY OF ROSWELL $0.00 NA 12 -3120-0906-019-9 CITY OF ALPHARETTA $0.00 NA 12 -2510-0635-012-2 CITY OF ROSWELL $0.00 NA 12 -2620-0685-031-8 CITY OF ROSWELL $0.00 NA 12 -2740-0739-049-1 CITY OF ALPHARETTA $0.00 NA 12 -2740-0740-044-9 CITY OF ALPHARETTA $0.00 NA 12 -2370-0591-060-2 GEORGIA DEPARTMENT OF TRANSPORTATION $0.00 NA 12 -2370-0591-057-8 CITY OF ROSWELL $0.00 NA 12 -2370-0558-049-6 CITY OF ROSWELL $0.00 NA 12 -2371-0591-003-1 GEORGIA DEPARTMENT OF TRANSPORTATION $0.00 NA 12 -2371-0591-002-3 GEORGIA DEPARTMENT OF TRANSPORTATION $0.00 NA 12 -2371-0591-001-5 GEORGIA DEPARTMENT OF TRANSPORTATION $0.00 NA 12 237105920451 MC GUIRE LEE $0.00 NA 12 237105920469 JOE CHAU PROPERTIES LLC $0.00 NA 12 237105920477 JOE CHAU PROPERTIES LLC $0.00 NA 12 237105920485 LIANG ZEPU $0.00 NA 12 237105920717 KAPLAN JACK & LILLIE $0.00 NA 12 237105920709 FREEPORT TITLE & GUARANTY INC TR $0.00 NA 12 237105920691 ARTLANTIC INC & NAJAFI MIKE $0.00 NA 12 237105920683 KING ZACHARY M $0.00 NA 12 237105920501 JOE CHAU PROPERTIES LLC $0.00 NA 12 237105920634 FINLEY WILLO DEAN $0.00 NA 12 237105920642 SMITH EUGENE $0.00 NA 12 237105920659 VO DUNG TRI $0.00 NA 12 237105920667 EMBREE GLENN M EMBREE BRENDA F $0.00 NA 12 237105920675 LAL ALTAF A & RENU B $0.00 NA 12 237105920519 LAL ALTAF $0.00 NA 12 237105920626 CUTCLIFF BRUCE & JANET $0.00 NA 12 237105920576 WEBER RICHARD A $0.00 NA 12 237105920568 KAPLAN JACK B & LILLIE M $0.00 NA 12 237105920550 RAICES MAXENE $0.00 NA 12 237105920543 MOOREHEAD-LUCAS WANDA F & LUCAS PATRICK C $0.00 NA 12 237105920535 WEBER RICHARD A $0.00 NA 12 237105920527 MC GUIRE LEE R $0.00 NA 12 237105920618 WEBER RICHARD A $0.00 NA 12 237105920600 MC GUIRE LEE $0.00 NA 12 237105920592 JACOBS PHILIP & NICHOL $0.00 NA 12 237105920584 GLASS GAYTERS GLORIA $0.00 NA 12 237105920352 GLASS GLORIA $0.00 NA 12 237105920345 MATTISON JOHN T III $0.00 NA 12 237105920337 JOE CHAU PROPERTIES LLC $0.00 NA 12 237105920329 MATTISON JOHN T $0.00 NA 12 237105920311 DION PROPERTIES LLC $0.00 NA 12 237105920303 SMITH JEFF W $0.00 NA 12 237105920295 FRANCK KEN $0.00 NA 12 237105920287 ZHANG HUAJIANG & GUI WANMIN $0.00 NA 12 237105920279 SMITH JEFF W $0.00 NA 12 237105910726 DEMIAN ASHRAF & MARY $0.00 NA 12 237105910734 SARHAN HISHAM & NURELDIN EIMAN $0.00 NA 12 237105910379 DASHTPEYMA HASSANALI $0.00 NA 12 237105910197 HUBBARD SHELLY $0.00 NA 12 237105910205 PALLAYEEN ASSOCIATES LLC $0.00 NA 12 237105910213 YATTEAU ERIC S & RACHEL K $0.00 NA 12 237105910221 WYATT FRANK K & KAY T $0.00 NA 12 237105910239 MOSES JAMES A & SHANNON $0.00 NA 12 237105910247 COBEAR INVESTMENT PROPERTIES LLC $0.00 NA 12 237105910254 PATRICK BERNARD J & KIMBERLY A $0.00 NA 12 237105910262 ARTHAM REALTY LLC $0.00 NA 12 237105910387 RAICES MAXENE D $0.00 NA 12 237105910189 MOSES JAMES A $0.00 NA 12 237105910445 COYTE DONALD E & NANCY C $0.00 NA 12 237105910171 BURSAW DOLAN & CHERYL $0.00 NA 12 237105910163 ADEN GREGORY L & SANDRA TR $0.00 NA 12 237105910155 CBM PROPERTIES INC $0.00 NA 12 237105910148 MOSES JAMES A $0.00 NA 12 237105910130 LUNDRIGAN LAURA YASSEER JEAN C $0.00 NA 12 237105910122 YATTEAU ERIC $0.00 NA 12 237105910114 ROTH BRUCE A & SHEFSKY MARVIN $0.00 NA 12 237105910106 TEAGUE HARRY D $0.00 NA 12 237105910742 HASSON BERNADETTE $0.00 NA 12 237105910098 JONES ANTOINETTE $0.00 NA 12 237105910080 SPYCH DAVE M $0.00 NA 12 237105910072 SMITH JEFFREY W $0.00 NA 12 237105910064 BETTY A RHODES TRUST THE $0.00 NA 12 237105910056 MCGUIRE LEE R $0.00 NA 12 237105910049 CHAU CHEN $0.00 NA 12 237105910395 SMITH EARL P & CAROL S $0.00 NA 12 237105910403 PAGE BENJAMIN R III $0.00 NA 12 237105910411 AHP REAL ESTATE VENTURES LLC $0.00 NA 12 237105910429 WYATT FRANK K ET AL $0.00 NA 2013 CID Parcels Roswe ll_CityLim its Parcels I Data Source: Fulton County GIS and ESRI February 20, 2015 North Fulton CID Expansion October 27, 2015 City Limits 2015 Expansion Parcels 2013 CID Parcels Roswell_CityLimits Parcels I Data Source: Fulton County GIS and ESRI February 20, 2015 North Fulton CID Expansion October 27, 2015 City Limits 2015 Expansion Parcels 2015 CID Expansion LTJ HOME OF' MILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2015 FROM: City Manager AGENDA ITEM: Consideration of the City of Milton's Strategic Plan 2016-2020. MEETING DATE: Monday, December 21, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: � Z 21 15 REMARKS () NOT APPROVED (kNO NO () NOT APPROVED �itYoum_ - *** PHONE: 678.242.25001 FAX: 678.242.2499 Green *c�rt;F+�* ' infoC�cityofmiltonga.us 1 www.cityofmiitonga.us „ Community rht, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STRATEGIC PLAN 2016-2020 LETTER FROM THE MAYOR & CITY MANAGER .................................1 VISION, MISSION & CORE VALUES .....................1 ABOUT THE PLAN ..................................................2 GOALS ECONOMIC DEVELOPMENT ...............................................................3 PARK & RECREATION ENRICHMENT ...................................................5 STRATEGIC, EFFICIENT & ENGAGED GOVERNMENT .......................8 PRESERVE WHAT MAKES MILTON UNIQUE ......................................13 BUILD COMMUNITY CONNECTIONS ...............................................16 TABLE OF CONTENTS When the City of Milton embarked upon an update to its strategic plan, we committed to being future focused. We challenged ourselves to look into the future and plan for those things that are critical to maintain and enhance the Milton we love. We spent many hours discussing Milton’s mission, vision and core values and believe the modifications we made are in keeping with maintaining our unique, vibrant and successful community. To identify our goals, strategies and initiatives, we worked with experienced and emerging leaders, a professional facilitator and all the data available to us. The future promises extraordinary things. We will experience facilities opening, parks coming to life and complete streets emerging. We are committed more than ever to our pursuit of innovation in local government and our desire to be cutting edge in the delivery of essential services. We are thankful to be a partner with our community as we live this future together. It’s your story, it’s our story, it’s Milton’s story — let’s make it a great story to tell. Please join us — the future starts now. Mayor City Manager LETTER FROM THE MAYOR & CITY MANAGER VISION Milton is a premier city where we strive to: Promote a high quality of life Create a strong sense of community and place Respect our heritage while guiding our future Be the best place to call home MISSION We take responsibility together to provide the best quality of life to those we serve. Through excellent service to our neighbors, we strengthen our cherished sense of community. CORE VALUES Respect: We conduct each encounter with a neighborly spirit and appreciation for individual excellence to build better communication and stronger relationships. Integrity: We conduct all business according to the most stringent ethical standards. Collaboration: We work together to ensure quality feedback, open commu- nication and meaningful interaction in the pursuit of shared goals. Bold leadership: We facil- itate responsible growth and become architects of boundless potential. Excellence: We believe excellence is a constantly moving target pursued through actions of integrity. Responsiveness: We build better communication and stronger relationships with our neighbors by taking ownership and responsibility in service. Knowledge: We prepare for the future by combin- ing wisdom gained from our shared experiences with enlightenment attained today. 1 ECONOMIC DEVELOPMENT Structure economic development and responsible business growth PARK & RECREATION ENRICHMENT Provide for the parks and recreation needs of our city STRATEGIC, EFFICIENT AND ENGAGED GOVERNMENT Seek innovative ways to improve both the infrastructure and services we provide to keep pace with growth PRESERVE WHAT MAKES MILTON UNIQUE BUILD COMMUNITY CONNECTIONS Create a culture of togetherness ABOUT THE PLAN The City of Milton 2016–2020 Strategic Plan outlines future goals and strategies for the Milton community and the City organization. It provides a comprehensive, high-level five-year road map to accomplishing key community goals. The City of Milton has identified five core areas of focus; each area is addressed through individual goal statements (see below). Every goal includes: Timelines appear in conjunction with each initiative and relevant capital project. Progress toward each of the five goals will be tracked annually and reported using data-driven performance measures including results from Milton’s citizen survey. The City of Milton’s annual accomplishments and challenges will be summarized and shared in an annual scorecard, the first of which will published in the first quarter of 2017. GOALS OBJECTIVES Strategies that guide work plans and initiatives INITIATIVES Action steps the City of Milton will implement to achieve each objective. Each initiative also includes a timeline for implementation. RELEVANT CAPITAL PROJECTS Notable capital projects are also included in the Strategic Plan as they plan an important role in accomplishing each goal. Capital projects constitute major investments in the long-term health and vitality of the city. 2 INITIATIVES OBJECTIVE Develop a working spirit with our business community to foster a reputation for being a great place to do business Explore a Milton CID in the Crabapple Downtown area to carry out infrastructure projects in that boundary zone. 2016 2017 2018 2019 2020 Launch door-to-door outreach program to formalize the feedback loop within the business community. 2016 2017 2018 2019 2020 Explore an innovation center in a suitable location to incubate future business opportunity and growth. 2016 2017 2018 2019 2020 Conduct business association outreach for regular interaction with the Milton Business Alliance, Crabapple Business Association, GNFCC and Metro Chamber. 2016 2017 2018 2019 2020 ECONOMIC DEVELOPMENT Structure economic development and responsible business growthGOAL ONGOING ONGOING ONGOING 3 RELEVANT CAPITAL PROJECTS OBJECTIVE Maximize available commercial capacity in appropriately defined areas INITIATIVES Build and maintain an available land database listing of properties in CoStar and Select Georgia databases to convert properties from vacant to filled. 2016 2017 2018 2019 2020 ONGOING City Hall 2017Also contributes to the following goal(s): œ Build Community Connections Mobile Traffic Control Center 2016Also contributes to the following goal(s): œ Strategic, Efficient & Engaged Government Crabapple NE Connector Rd VISIONAlso contributes to the following goal(s): œ Strategic, Efficient & Engaged Government Crabapple Streetscape 2017Also contributes to the following goal(s): œ Build Community Connections Pavement Management ONGOINGAlso contributes to the following goal(s): œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique œ Build Community Connections Sidewalk Construction and Repair ONGOINGAlso contributes to the following goal(s): œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique œ Build Community Connections Trail Connection to Big Creek Greenway 2019Also contributes to the following goal(s): œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique œ Build Community Connections Park and Trail Expansion ONGOINGAlso contributes to the following goal(s): œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique œ Build Community Connections 4 INITIATIVES OBJECTIVE Foster good relationships with providers Conduct city-driven surveys for providers of all programs. 2016 2017 2018 2019 2020 Enhance multi-use connection to Big Creek Greenway. 2016 2017 2018 2019 2020 PARK & RECREATION ENRICHMENT Provide for the parks and recreation needs of our city GOALOBJECTIVE Increase our capacity for active, passive and linear parks INITIATIVES Explore the feasibility of a walkable connection from Birmingham Park to an Arnold Mill Park at the closing landfill with focus being along Little River. 2016 2017 2018 2019 2020 ONGOING ONGOING 5 Develop phase one of Providence Park to re-establish trails and open to the public. 2016 2017 2018 2019 2020 Develop phase two of Providence Park to repair the rock quarry, establish access to water, public restrooms and a safe shelter. 2016 2017 2018 2019 2020 Evaluate renewal and continuation of the intergovernmental agreement with the City of Alpharetta for parks without borders. 2016 2017 2018 2019 2020 OBJECTIVE Explore partnerships and relationships to meet the needs of the community INITIATIVES Partner with a provider to establish programming at Providence Park. 2016 2017 2018 2019 2020 Research new program offerings which might include activities not currently offered by Milton. 2016 2017 2018 2019 2020 ONGOING 2021 ONGOING 6 RELEVANT CAPITAL PROJECTS Land Conservation ONGOINGAlso contributes to the following goal(s): œ Preserve What Makes Milton Unique Trail Connection to Big Creek Greenway 2019Also contributes to the following goal(s): œ Economic Development œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique œ Build Community Connections Sidewalk Construction and Repair ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique œ Build Community Connections Park and Trail Expansion ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique œ Build Community Connections Greenspace Bond Initiative 2016Also contributes to the following goal(s): œ Preserve What Makes Milton Unique Providence Park Enhancements 2021Conversion of Chadwick Landfill 20217 INITIATIVES OBJECTIVE Streamline Processes Produce process maps for all customer interactions seeking to maximize efficiency as measured by average time per permit. 2016 2017 2018 2019 2020 Establish a Unified Development Code to encourage better development and design while clarifying process. 2016 2017 2018 2019 2020 STRATEGIC, EFFICIENT & ENGAGED GOVERNMENT Seek innovative ways to improve both the infrastructure and services we provide to keep pace with growthGOAL Formalize a training program so each city staff member can act as concierge for our customers. (In coordination with process mapping) 2016 2017 2018 2019 2020 ONGOING 8 INITIATIVES OBJECTIVE Recognize future challenges or threats and plan for them today Implement Citizen Emergency Response Team (CERT) programs through various departments to streamline our emergency response capabilities. 2016 2017 2018 2019 2020 Identify appropriate staffing needs and make sound recommendations as needed. 2016 2017 2018 2019 2020 Establish a traffic safety stakeholder group to make recommendations to improve traffic safety. 2016 2017 2018 2019 2020 Strategically place police, fire and public works facilities to maximize effectiveness. 2016 2017 2018 2019 2020 Produce comprehensive safety guide for the community on home safety and first aid. 2016 2017 2018 2019 2020 Manage, maintain and improve mobility in Milton. 2016 2017 2018 2019 2020 ONGOING ONGOING ONGOING 9 INITIATIVES OBJECTIVE Improve the community’s interactions with its government Establish 311 system for the creation of a simple, one-touch customer service system. 2016 2017 2018 2019 2020 Explore a system where volunteers can find access to available opportunities to serve and services can find access to available volunteers. 2016 2017 2018 2019 2020 Implement youth programming through an Explorer Program in either (or both) the police and fire department. 2016 2017 2018 2019 2020 Create a Community Risk Reduction (CRR) educational program in the fire department. 2016 2017 2018 2019 2020 Explore juried public art as a way to build community spirit through the creation of a focus group tasked to review an art installation program with specific criteria. 2016 2017 2018 2019 2020 ONGOING 10 INITIATIVES OBJECTIVE Maintain high morale among “Team Milton” by fostering professional and rewarding careers Through the Innovation Academy, explore implementing a detailed employee review process/performance management system. 2016 2017 2018 2019 2020 Conduct an employee satisfaction survey to build a positive, productive workforce. 2016 2017 2018 2019 2020 RELEVANT CAPITAL PROJECTS Police Facility 2019Also contributes to the following goal(s): œ Build Community Connections Live Fire Training Facility 2016SCBA Replacement 2020Station 42 Replacement 2017Bridge Replacement Program ONGOINGCrabapple NE Connector Rd VISIONAlso contributes to the following goal(s): œ Economic Development ONGOING 11 Trail Connection to Big Creek Greenway 2019Also contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Preserve What Makes Milton Unique œ Build Community Connections Sidewalk Construction and Repair ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Preserve What Makes Milton Unique œ Build Community Connections Park and Trail Expansion ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Preserve What Makes Milton Unique œ Build Community Connections Intersection Improvements ONGOINGMobile Traffic Control Center 2016Also contributes to the following goal(s): œ Economic Development Pavement Management ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Preserve What Makes Milton Unique œ Build Community Connections Repair Major Stormwater Structures ONGOINGSnow Plow 2016Salt/Sand Spreader 2016RELEVANT CAPITAL PROJECTS (CONTINUED) 12 INITIATIVES OBJECTIVE Safeguard historic landmarks, farms, woodlands, streams and open spaces Reinvent the Historic Preservation Commission for the review and designation of historic properties. 2016 2017 2018 2019 2020 Establish and implement a signage program for historic land markers and points of interest. 2016 2017 2018 2019 2020 PRESERVE WHAT MAKES MILTON UNIQUEGOAL Create educational opportunities for the community that are grounded in sustainability, resiliency and conservation. 2016 2017 2018 2019 2020 Create a formal feedback loop with the equestrian community. 2016 2017 2018 2019 2020 ONGOING ONGOING 2021 ONGOING 13 INITIATIVES OBJECTIVE Address need for community greenspace Review the code of ordinances for desired enhancements that protect our rural character. 2016 2017 2018 2019 2020 Review the potential of asking the public to consider a bond issue for conservation type purposes. 2016 2017 2018 2019 2020 Establish and facilitate a working group charged to identify evaluation criteria for potential areas of land conservation or community greenspace. 2016 2017 2018 2019 2020 Reflect greenspace needs within the updated comprehensive plan. 2016 2017 2018 2019 2020 ONGOING ONGOING 14 RELEVANT CAPITAL PROJECTS Land Conservation ONGOINGAlso contributes to the following goal(s): œ Park & Recreation Enrichment Trail Connection to Big Creek Greenway 2019Also contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Build Community Connections Sidewalk Construction and Repair ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Build Community Connections Park and Trail Expansion ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Build Community Connections Greenspace Bond Initiative 2016Also contributes to the following goal(s): œ Park & Recreation Enrichment Gravel Road Maintenance ONGOINGPavement Management ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Strategic, Efficient & Engaged Government œ Build Community Connections Gateway Signage and Historic Markers 2017Also contributes to the following goal(s): œ Build Community Connections 15 INITIATIVES OBJECTIVE Foster proactive and open communication Create and maintain a signage program that directs people where to find additional information on current city projects and developments. 2016 2017 2018 2019 2020 Create and implement basic guides to enhance the ease of understanding our building and design standards. 2016 2017 2018 2019 2020 BUILD COMMUNITY CONNECTIONS Create a culture of togethernessGOAL OBJECTIVE Build a sense of pride in the community Create branding material that promotes Milton’s unique identity. 2016 2017 2018 2019 2020 ONGOING ONGOING ONGOING 16 Recognize Milton’s 10th Anniversary with a community celebration. 2016 2017 2018 2019 2020 Pursue a street topper sign program that would be intended to create a sense of place through signage. 2016 2017 2018 2019 2020 Continue welcome packets mailed monthly to new homeowners to increase resident awareness of Milton’s programs. 2016 2017 2018 2019 2020 Support the Village Volunteers program designed to assist young adults who have graduated high school and also have special needs. 2016 2017 2018 2019 2020 ONGOING ONGOING 17 City Hall 2017Also contributes to the following goal(s): œ Economic Development Crabapple Streetscape 2017Also contributes to the following goal(s): œ Economic Development œ Build Community Connections Pavement Management ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique Sidewalk Construction and Repair ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique Trail Connection to Big Creek Greenway 2019Also contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique Park and Trail Expansion ONGOINGAlso contributes to the following goal(s): œ Economic Development œ Park & Recreation Enrichment œ Strategic, Efficient & Engaged Government œ Preserve What Makes Milton Unique RELEVANT CAPITAL PROJECTS Police Facility 2019Also contributes to the following goal(s): œ Strategic, Efficient & Engaged Government Gateway Signage and Historic Markers 2017Also contributes to the following goal(s): œ Preserve What Makes Milton Unique 18 ESTABLISHED 2006