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Agenda Packet CC - 01/30/2017 - City Council Meeting 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, January 30, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the City of Milton Police and Fire 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. 17-022) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 30, 2017 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the December 19, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 17-023) (Sudie Gordon, City Clerk) 2. Approval of the January 9, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-024) (Sudie Gordon, City Clerk) 3. Approval of a Construction Services Agreement between the City of Milton and Mobile Joe’s Professionals, LLC for Construction of a Boulder Wall and Landscape Improvements at the Broadwell Pavilion. (Agenda Item No. 17-025) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Barge, Waggoner, Sumner & Cannon, Inc. for Freemanville at Providence Roundabout Peer Review. (Agenda Item No. 17-026) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Deluxe Athletics, LLC for Bell Memorial Park Turf Field Additions. (Agenda Item No. 17-027) (Jim Cregge, Parks and Recreation Director) 6. Approval of a Professional Services Agreement between the City of Milton and the University of Georgia Research Foundation, Inc. to Provide Assistance on the Development of Community Septic System Review Guidelines. (Agenda Item No. 17-028) (Carter Lucas, Assistant City Manager) 7. Approval of a Professional Services Agreement between the City of Milton and Dr. Robert Rubin to Provide Assistance on the Development of Community Septic System Review Guidelines. (Agenda Item No. 17-029) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Presentation of Historic Markers Design. (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 30, 2017 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Presentation of Green Communities Re-Certification. (Michele McIntosh-Ross, Principal Planner) 7) FIRST PRESENTATION 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION PUBLIC HEARING 1. Consideration of the Issuance of an Alcohol Beverage License to Erkal LLC, dba Manhattan Pizza & Grille, 5230 Windward Parkway Ste. 105, Milton, Georgia 30004. (Agenda Item No. 17-030) (Bernadette Harvill, Finance Director) 9) ZONING AGENDA 1. Consideration of RZ16-07 – To Amend the AG-1 (Agricultural) District Regarding Paved and Unpaved Roads in Chapter 64, Article VI, Division 2, in Sec. 64-416. Development Standards. (Agenda Item No. 16-282) (First Presentation at December 5, 2016 Regular City Council Meeting) (Discussed at December 12, 2016 City Council Work Session) (Deferred at December 19, 2016 Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ16-08 – To Amend the Definitions Regarding Paved and Unpaved Roads in Chapter 64, Article I, in Sec. 64-1. Definitions. (Agenda Item No. 16-283) (First Presentation at December 5, 2016 Regular City Council Meeting) (Discussed at December 12, 2016 City Council Work Session) (Deferred at December 19, 2016 Meeting) (Kathleen Field, Community Development Director) 3. Consideration of RZ16-05 - To Create Steep Slope Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. (Agenda Item No. 17-009) (First Presentation at January 9, 2017 Regular City Council Meeting) (Discussed at January 18, 2017 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 30, 2017 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Consideration of RZ16-10 – To Amend the Rural Milton Overlay Single Family Uses, Height – Section 64-1141(c). (Agenda Item No. 17-010) (First Presentation at January 9, 2017 Regular City Council Meeting) (Discussed at January 18, 2017 City Council Work Session) (Kathleen Field, Community Development Director) 5. Consideration of RZ16-11 – To Amend the Crabapple Form Based Code as it Relates to Building Units Allowed for Parking Structures – Article XIX of the Zoning Ordinance. (First Presentation at January 9, 2017 Regular City Council Meeting) (Discussed at January 18, 2017 City Council Work Session) (Agenda Item No. 17-011) (Kathleen Field, Community Development Director) 6. Consideration of U16-01/VC16-03 – 2785 Francis Road by Chrysalis Experimental Academy to Consider a Use Permit for a Private School (Section 64-1831) with a Maximum of 25 Students within the Existing Structure and a Concurrent Variance to Reduce the Undisturbed Buffer [64-1143(a)(3)(b)]. (Agenda Item No. 17-012) (First Presentation at January 9, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration to Amend Chapter 50, Article III, Division 1, Sec. 50-71 Compliance with City Procedures and Guidelines Required. (Paved and Unpaved Roads.) (Agenda Item No. 16-285) (First Presentation at December 5, 2016 Regular City Council Meeting) (Discussed at December 12, 2016 City Council Work Session) (Deferred at December 19, 2016 Meeting) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 2 of the Code of the City of Milton, Georgia to provide for Compensation for the Planning Commission, Board of Zoning Appeals, and Design Review Board; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. (Agenda Item No. 17-013) (First Presentation at January 9, 2017 Regular City Council Meeting) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 30, 2017 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of a Resolution Appointing Members to the City of Milton Cultural Arts Committee for District 3/Post 1 and District 2/Post 2. (Agenda Item No. 17-031) (Mayor Joe Lockwood) 2. Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee for District 2/Post 2. (Agenda Item No. 17-032) (Mayor Joe Lockwood) 3. Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals for District 1/Post 1. (Agenda Item No. 17-033) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Court 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 17-034) The minutes were provided electronically N HOME OF'" -'-REST OUAI'TY OF LIFE IN GEORGIA' M I L TON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: LQquary 23, 2017 FROM: Steven Krokoff, City Manager &) AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Mobile Joe's Professionals, LLC for Construction of a Boulder Wall and Landscape Improvements at the Broadwell Pavilion. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( PPROVED CITY ATTORNEY APPROVAL REQUIRED: ( kY`ES CITY ATTORNEY REVIEW REQUIRED: (4-'�ES APPROVAL BY CITY ATTORNEY: (.APPROVED PLACED ON AGENDA FOR: b,/36/Z017 REMARKS: (J NOT APPROVED (J NO (J NO (J NOT APPROVED You,_....„ _ PHONE: 678.242.25001 FAX: 678.242.2499 ' Green` t7e.ffl d* 7°PfVo info@cityofm1Itonga.us I www.cityofm1Itonga.us "IL� Community 314 Eth;�`y�f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """"' ,�'g``� To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on January 10th, 2017 for the January 30th 2017 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Mobile Joe’s Professionals, LLC. for Construction of a Boulder Wall and Landscape Improvements at the Broadwell Pavilion ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This construction Services agreement is for the construction of a boulder wall and landscape improvements for the Broadwell Pavilion. Building this wall will give the city the proper grade and space to plant the City’s Christmas tree. Staff is recommending approval of the Construction Services Agreement in the amount of $22,000.00 with Mobile Joe’s Professionals. Bid Summary: Firm Bid Mobile Joe’s Professionals $ 22,000.00 Ed Castro Landscape $ 40,923.98 Perry Scapes Custom Landscapes $ Incomplete Bid Funding and Fiscal Impact: Funding for this project is available in the Parks Dept. Grounds Repair and Maintenance budget. Alternatives: There are no alternatives to this project. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (1/3/2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Construction Services Agreement HOME OF'riE CiC , QUAL.; F 1,! F 1N- G-e"0RQA' M1-LT0N*t ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Broadwell Pavilion Landscape Improvements This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 (hereinafter referred to as the "City"), and Mobile Joe's Professionals, Inc., a Georgia corporation having its principal place of business at 12460 Crabapple Rd, Ste.202-407, Alpharetta, Ga.30004 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: Broadwell Pavilion landscape improvements and boulder wall construction (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term, Termination: Contractor understands that time is of the essence of this Agreement and 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. Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Effective Date and shall fully complete the Work on or before January 3 h, 2017. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. If the term of this Agreement is longer than one calendar year, 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 City on December 31 each calendar year of the term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant 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 Consultant until fully paid for by City. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (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: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $22,000.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee $10,810.00 for task # 1, the construction of a boulder wall and fence installation. Task #2 shall be used with written authorization only from the City, for the installation of Bermuda Sod and the installation of an irrigation system,and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code: Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. 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 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 - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; 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. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. 2 D. Contractor's Representative: Meetings. [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. 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. 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 such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City 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 the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act 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 an Indemnified Party. 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. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance meeting the requirements shown on Exhibit `B", attached hereto and incorporated herein by reference. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. 3 The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. 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 contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. 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 information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. 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. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, 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, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction 4 and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, 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. 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. 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. B. Governing Law; Business License.• Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia —Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, 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 calendar 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. 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. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 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. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 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 the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. 5 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CITY OF MILTON, GEORGIA Signature: Joe Loc wv d, Mayor [CITY SEAL] Attest: : By: Its: City Clerk Approved as t`ofo /rm: V D K(,n Ci ttorney , CONTRACTOR: Mobile Joe's Professionals, Inc. i By: �✓��— Its:,Y President/Vice President [CORPORATE SEAL] Attest/Witness: By: 1A. C� �— Its: L` v-196 1, a41- (Assistant) Corporate Secretary) "EXHIBIT A" MOBILE JOE'S I. A\ D S C 1 N I\ C, Ce%ebratiuy 25 jrears Wlicre Duality Grows. December 1, 2016 Mr. FalIstrom Re: The Pavillion at Crabapple Milton, Georgia 30004 Mr. Fallstrom: Scope of Work will include: • Building a natural boulder wall from corner of building to new fence line as discussed. • Boulder wall will be approximately 2 Y2 'tall at corner of building to go approximately 45' long to a height of 0. • We will breach wall with 12' wide stone steps to get from upper level to lower level. • We will backfill with soil to get to desired grade. • We will also remove small asphalt slab. - 4 goo, • We will seed over soil to temporarily stabilize site. This Scope of Work will be $ 7,-000.-M;7 Fencing work will include: • Move fence by double gate to include 4 sections to change corner and open up the space. • Install small gate at the ADA entrance • Close off 1 section of Broadwell Road. • Install 2 double gates on Broadwell Road • Fence around AT& T equipment to keep separate from park users. Fence Scope of Work will be $ 4,110.00 • Bermuda sod per ft installed will be $1.10 per foot or $ 550.00 per pallet • Irrigation installed will be $ 650.00 per zone • 1 Clock installed is $ 250.00 • Tie into main water source is $ 400.00 Corporate Office o 12460 Crabapple Rd. • Ste 202-407 • Alpharetta, GA 30004 - 770.360.5604 wrnRv.mobilejoeslandseaping.com "EXHIBIT B" (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 as 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 the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). If a general aggregate limit applies, the general aggregate limit shall apply separately to this project/location, and the general aggregate limit shall be twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named 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. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. 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 in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. 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) Subrogation. 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. (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) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be reduced, suspended, voided, or canceled except after thirty (3 0) calendar days prior written notice (or 10 calendar 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) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. 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 prior to the expiration of the coverage. (7) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. 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. (9) 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, and have an effective date which is on or prior to the Effective Date. (10) Progress ,yments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Client#: 94895 14MOBILEJOES ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)1/04/2017 TYPE OF INSURANCE ADDL INSR 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(ies) 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 CONTACT NAME: J. Smith Lanier & Co. -Atlanta PHONE770 476-1770 FAx 770 476-3651 AIC No Ext : A/C, No 11330 Lakefield Drive E-MAIL Bldg 1, Suite 100 ADDRESS: PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY ❑ JECT LOC OTHER: INSURER(S) AFFORDING COVERAGE NAIC # Johns Creek, GA 30097 INSURER A: Association Casualty Insurance 35629 INSURED INSURER B: Columbia National Insurance 19640 Mobile Joe's Professionals, Inc. INSURER C: Bridgefield Casualty Ins. Compa 10335 dba Seasonally Green CAPGA25544 12460 Crabapple Road, Suite 202-407 INSURER D: COMBINED SINGLE LIMIT Ea accident $1,000>000 Alpharetta, GA 30004-1966 INSURER E: PROPERTY DAMAGE $ Per accident INSURER F COVERAGES CERTIFICATE NUMBER: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X PD Ded: $250 CMPGA0000030802 5/07/2016 05/0712017 EACH OCCURRENCE $1,000,000 DAMAGE S (E.Eoccccurrrence) $300OOO MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY ❑ JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS rAUTOS CAPGA25544 5/07/2016 05/07/201 COMBINED SINGLE LIMIT Ea accident $1,000>000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUPGA25544 5/07/2016 05/07/2017 EACH OCCURRENCE $1,000,000 AGGREGATE $110001000 DED X RETENTION$$10000 $ C WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEa OFFICER/MEMBEREXCLUDED? Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 019640857 5/07/2016 05/07/2017X I.PITEAROTH- T.TFAND E.L. EACH ACCIDENT 1$500,000 E.L. DISEASE - EA EMPLOYEE 5500,000 E.L. DISEASE -POLICY LIMIT 1 $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Milton attn: Matthew Fallstrom 13000 Deerfield Parkway, Suite 107F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alpharetta, GA 30004 ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3299057/M3031794 ACORD CORPORATION. All rights reserved. SUH "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OFe� �� W COUNTY OF 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, Georgia, 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: �� 4 q Federal Work uthorization User Identification Number Date of Authorization Name of Contractor l Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on�,, 201 ? in (city), (state). Sipdture of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED ANI? SWORN BEFORE ME N THIS THE --I r DAY OF 201 -7 - My Commission Expires: `�•�G,\ sloyF 0. pis 20 N� -ei 20 a Y�PUQ', `��� HOME OF ' BEST QUAI !TY OF LIFE IN r',FORGIA' M I LTO N, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:nary 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Barge, Waggoner, Sumner & Cannon, Inc. for Freemanville at Providence Roundabout Peer Review. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,�'ES CITY ATTORNEY REVIEW REQUIRED: (v41YES APPROVAL BY CITY ATTORNEY: (APPROVED PLACED ON AGENDA FOR: b1l364011 REMARKS: (J NOT APPROVED (J NO (J NO (J NOT APPROVED You— * * * PHONE: 678.242.25001 FAX: 678.242.2499 * * 4°�''°'' � Certified � infoCa?ci ofmilton a.us www.ci ofmilton a.us `� ii �'W Community i nth °' f fY 9 tY g � �,,��ts <<<,,� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -"""""' To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on January 18, 2017 for the January 30, 2017 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement for Freemanville at Providence Roundabout Peer Review ______________________________________________________________________________ Department Recommendation: Approval Executive Summary: This agreement is to provide a peer review of the proposed roundabout design for the intersection of Freemanville Road at Providence Road. Roundabouts are still new in the Atlanta area and peer reviews identify possible improvements to the design from a firm with national experience. It is a requirement of Georgia Department of Transportation (GDOT) roundabout projects to include a peer review. GDOT has a list of approved roundabout peer review firms and Barge Waggoner Sumner & Cannon was selected for this task for professional services. Funding and Fiscal Impact: Funding for this project is available in the Freemanville @ Providence & Birmingham Intersection Improvements Capital Projects account. Alternatives: None Legal Review: Sam VanVolkenburgh, Jarrard & Davis (January 9, 2017) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Professional Services Agreement HOMF OF ' K) LSTABLISHLD 27 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000 OR LESS FREEMANVILLE AT PROVIDENCE ROUNDABOUT PEER REVIEW This Professional Services Agreement ("Agreement") is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, 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 Barge, Waggoner, Sumner & Cannon, Inc. ("Consultant" or "BWSC"), a Tennessee corporation having its principal place of business at 211 Commerce Street, Nashville, TN 37201, with the City and Consultant together referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement, The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit 11A"— Scope of Work Exhibit "B" — Hourly Rates Exhibit "C" — Insurance Certificate Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: providing a peer review of the conceptual design of the roundabout at the intersection of Freemanville Road and Providence Road (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term: Termination. Consultant understands that time is of the essence of this Agreement and 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 ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before October 1, 2017 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the Term of this Agreement spans more than one calendar year, 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 City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January I of each subsequent calendar year absent City's provision of written notice of non-renewal to Consultant 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 Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (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. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $10,000 (the "Maximum Contract Price"), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed as task 1, as shown in Exhibit "A", shall be based upon lump sum of $5,750 and the compensation for work related to tasks 2 and 3, as shown in Exhibit "A", shall be based upon the hourly rates and cost specifications in Exhibit "B". The maximum contract price includes all cost, direct and indirect, needed to perform the Work and complete the Project. 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 profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant, City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative, Meetings. shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. 2 F. Responsibility of Consultant and Indemnification of City. The Consultant covenants and agrees to take and assume all responsibility for negligent services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, and employees from and against any and all liability, judgements, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct to the extent caused by the Work, performance of contracted services, or operations by the Consultant, any sub - consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable. 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. This obligation to indemnify and defend the City, its members, officers, agents, employees, and volunteers shall survive termination of this Agreement. G. Independent Contractor. Consultant 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 City. Consultant 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 such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. 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. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "C", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (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 Consultant's subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, 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 Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, 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 "E", 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 an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and 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. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, 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. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and 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. Consultant and 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. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownershiu of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, 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 paragraph in every subcontract for services contemplated under this Agreement. 4 Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 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. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia —Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, 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 Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties 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. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 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 the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 5 CONSULTANT: BARGE, ONER, SUMNER & CANNON, INC. Signature:-� Print Name: `k✓`� �a �` Pq "'3Q'1 Title: PresidentNice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE S,�Al! UMNE (required if corpbr� 4 Attest/Witness: �� ••QED EIVG�.•�• 7n : O Signature _ W AGg►t U, cn� Print Name:b �. A Z IZ t5 tea •� Q uA }� 6 Title: t '&e A*\)e. V c � �YaStc �� cY'.-�c..r I CrLID-�''.� N •�'•.....••. �a�``��. (Assistant) Corporate Secretary (requi ed if corporation) �.,gSHV,L1-E.���.�` CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney EXHIBIT `°A" Ci BARGE JLOFRw� WAGGONER `I`J7 SLIMNER & CANNON, INC.` December 12, 2016 Via Email: sara.leaders@cityofmiltonga.us Ms. Sara Leaders, PE, LSIT City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 RE: Freemanville Road and Providence Road Roundabout Peer Review Milton, GA Subject: Proposal for Engineering Services Dear Sara: Barge Waggoner Sumner & Cannon, Inc. (BWSC) is pleased to provide the attached scope of work for the proposed roundabout peer review. The details of our scope are included in Attachment A to this letter. This scope of work was prepared based on our understanding of the project. If we have not fully addressed your project requirements, or if you have other questions regarding the scope of work, please let us know immediately. On behalf of BWSC, we appreciate the opportunity to help you and the City achieve your goals for this project. Sincerely, /-� P . I Daniel J. Spann, P.E., PTOE Vice President, Transportation Director Attachment bargewaggoner.com 5445 Triangle Parkway, Suite 240 678.515.9411 (office) Equal Opportunity Employer/Affirmative Action Employer Peachtree Comers, Georgia 30092 BARGE CANWAGGONER BWSCI NER & CANNON, INC. The scope of work is presented in the following elements. I. Project Description II. Scope of Services III. Project Understanding, Assumptions, and Exclusions IV. Time of Performance V. Client's Responsibilities VI. Compensation I. PROJECT DESCRIPTION Attachment A - Scope of Work Roundabout Peer Review City of Milton, GA 12/12/2016 Barge Waggoner Sumner & Cannon, Inc. (BWSC) is proposing to provide professional services for a peer review of a roundabout design at the intersection of Freemanville Road and Providence Road in the City of Milton, GA. A new roundabout is being designed at the intersection of Freemanville Road and Providence Road in the City of Milton, GA. A peer review of the design has been requested by the City to ensure acceptable operations when completed. This review will be broken up into two phases — a conceptual review to verify the analysis and design completed to date, and a final review (as needed) to verify the final design and construction documents. II. SCOPE OF SERVICES BWSC agrees to perform the following Basic Services under this contract: Task 1— Conceptual Design — Roundabout Peer Review BWSC will provide services for a Peer Review of the roundabout analysis and conceptual design of the subject project, to include: • Reviewing the operational analysis of the intersection by verifying/evaluating the following: o Existing and projected volumes; o Traffic analysis report; o Lane requirements; o Level of Service results. • Reviewing the preliminary roundabout geometry of the intersection by verifying/evaluating the following: o Design criteria (NCHRP 672 and GDOT unless otherwise noted); o Inscribed circle diameter; o Path alignment; o Speed control/fastest path; Attachment A December 12, 2016 Page 1 of 3 o Design vehicle consideration/AutoTURN results. • Reviewing the accommodations for non -motorized users to include: o Pedestrians — sidewalks/crosswalks; o Bicycles. • Reviewing pavement markings. • Preparing a report documenting the findings. Task 2 — Final Design — Roundabout Peer Review las needed) BWSC will provide services for a Peer Review of the final design of the subject project, to include: • Reviewing the final geometric design of the intersection by verifying/evaluating the following: o Design criteria; o Inscribed circle diameter; o Path alignment; o Speed control/fastest path; o Design vehicle consideration/AutoTURN results. • Reviewing the accommodations for non -motorized users to include: o Pedestrians — sidewalks/crosswalks; o Bicycles. • Reviewing the application of traffic control devices to include: o Signing; o Pavement Markings. • Reviewing other features (as needed and as provided). • Preparing a report documenting the findings. Task 3 — Proiect Coordination and Meetings las needed) BWSC will provide coordination and meetings with City staff and design team members as needed. This work will be provided on an hourly basis using BWSC's hourly rates. Preparation for and attendance of public meetings will also be billed hourly as an additional service. Travel and overnight shipping will be billed as a direct expense. Items to be provided by the Client: • Design standards to follow; • Traffic Analysis Report; • Construction plans (for Task 2); • MicroStation design files (DGN format), including: o Fastest path check; o AutoTURN sketch/results. III. PROJECT UNDERSTANDINGS, ASSUMPTIONS, AND EXCLUSIONS A. BWSC will provide the above -noted services based upon a given set of assumptions. These assumptions are as follows: 1. Required files for review will be provided by the Client. Attachment A December 12, 2016 Page 2 of 3 B. The following excluded services can be provided as an additional service with an appropriate adjustment in fees: 1. Services resulting from significant changes in general scope or character of the project or its design, particularly those resulting from differing field conditions discovered during construction (such as, but not limited to, soil conditions, environmental issues, etc.); 2. Design revisions requested by those outside the project team and stakeholders beyond a mutually agreed timeframe; 3. Environmental technical studies beyond those noted herein; 4. Extending the study limits beyond the limits noted herein. TIME OF PERFORMANCE BWSC is prepared to begin work immediately agreement or written authorization to proceed. weeks to complete and submit this study. IV. CLIENT'S RESPONSIBILITIES upon receipt of a signed professional services We anticipate requiring approximately three (3) BWSC strives to work closely with our clients. In order for the project team to function efficiently, certain information is needed to be provided by the Client and other interested stakeholders in a timely manner. These items and responsibilities are noted below: A. Provide information as required to support development of BWSC's scope, as required in the project agreement for services; B. Provide review comments in a timely manner; C. Provide single point of contact for project coordination purposes. V. COMPENSATION The compensation to be paid to BWSC for providing requested services is described as follows: Task Description Fee Type Fee 1 Conceptual Design — Roundabout Peer Review Lump Sum $5,750.00 3 Coordination and Meetings Total Lump Sum $5,750.00 2 Final Design — Roundabout Peer Review Hourly As needed 3 Coordination and Meetings I Hourly As needed The fees provided above are valid up to three (3) months from the date of this proposal. Attachment A December 12, 2016 Page 3 of 3 EXHIBIT "B" BARGE WAGGONER SUMNER & BWSCCANNON, INC EXHIBIT B SCHEDULE OF STANDARD CHARGES HOURLY -RATE BASIS Hourly Rates: Principal Engineer, Planner, or Architect........ Professional Engineer, Planner, Architect, Landscape Architect, or Land Surveyor ....... Graduate Engineer, Planner, or Architect ...... Designer or Technician ................................... Drafter, Administrative Assistant, etc............ ............................................................. $235 ............................................................. $150 .............................................................. $130 ............................................................... $90 ................................................................ $75 Outside services contracted for a specific project, such as professional and technical consultants, laboratory testing, reproduction, photography, etc., will be invoiced at the amount of the subcontractor's statement plus 15 percent. Other expenses which are properly chargeable to the work will be invoiced as follows: a. Travel by company or private vehicle at the IRS approved standard mileage rate. b. In-house printing, reproduction, and photography charges at commercial rates. C. Travel and living expenses for all personnel when required to be away from headquarters in connection with the work at cost. Invoices will be issued on a monthly basis. Effective October 2011 bargewaggoner.com 211 Commerce Street, Suite 600 615.254.1500 (office) Equal Opportunity Employer/Affirmative Action Employer Nashville, Tennessee 37201 615.255.6572 (fax) EXHIBIT "C" l a 71/12/2017 (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 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(ies) must have ADDITIONAL INSURED provisions or 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). CONT PRODUCER Crow Friedman Group NA ERCT Dena Long_ A Risk Strategies Company PHONE FAX 104 Woodmont Blvd. EA/F,No,_Ext); _ 615-383-0072 _1(wc No): 615-297-4020-- Nashville, TN 37205 ADDRESS: dlonq@crowfriedman.com INSURER(S) AFFORDING COVERAGE _ NAIC# www.risk-strategies.com INSURER A: Travelers IndeMnqy Co. of America 25666 INSURED INSURER B : Travelers Property & Casualty Co. of America 25674 Barge Waggoner Sumner & Cannon, Inc. — - — Com 211 Commerce Street, Suite 600 lNsuRERc: Travelers Indemnity any 25658 Nashville TN 37201 INSURER D: ZNAT Insurance Company 30120 INSURER E : Continental Casualtv Comoanv 20443 CnVFRAnPq CFRTIFICATF NIIMRFR- q 47AI 101 REVISION NLIMRFR: 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. INSRTYPE LTR OF INSURANCE 'ADDL Milton GA 30004 SUER POLICY EFF POLICY NUMBER MMIDD/YYYY POLICY EXP MM/ D/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY �/ �/ 680-1E220973 2/1/2016 2/1/2017 EACH OCCURRENCE $ $1,000,000 DAMAGE TORENTED $1,000,000 CLAIMS -MADE ,/ OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ $10,000 PERSONAL & ADV INJURY $ $1.000,000 GENERAL AGGREGATE $ $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY ' jEO E] LOC PRODUCTS - COMP/OPAGG $ $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY BA -1E226210 2�1�2016 2/1/2017 COMBINED SINGLE LIMIT $ Ea accident $1,000,000 BODILY INJURY (Per person) $ ✓ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Per accident) _- C ✓ UMBRELLA LIAB V OCCUR CUP -1 E232321 2/1/2016 2/1/2017 1 EACH OCCURRENCE $ $10,000,000 AGGREGATE $ $10,000,000 EXCESS LIAB CLAIMS -MADE _ DED ✓ RETENTION $10,000 $ D WORKERS COMPENSATION M1124104 2/1/2016 2/1/2017 PER CRH AND EMPLOYERS' LIABILITY Y N V1 STATUTE - ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ $1,000,000 OFFICER/MEMBEREXCLUDED? ❑N N/A — - ---- (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ $1,000,000 E Professional Liability 1/1/2016 2/1/2017 Each Claim $5,000,000 �AEH5911163115 Annual Aggregate $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) re: Freemanville Road and Providence Road Roundabout Peer Review The City of Milton, its officials, employees, agents and volunteers are included as additional insured with respects to the General Liability and Auto Policies shown above provided it is a requirement of a written contract or agreement. Such insurance is primary and non-contributory. Waiver of Subrogation also applies on General Liability and Auto policies shown above provided it is a requirement of written contract or agreement. CFRTIFICATF Hni IFR CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 33741101 1 UPDATED 1/1/16-17 Master ($5M/$10M) I Dena Long 1 1/12/2017 12:50:04 PM (CDT) I Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C'ty of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway, Suite 107G ACCORDANCE WITH THE POLICY PROVISIONS. Milton GA 30004 AUTHORIZED REPRESENTATIVE Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 33741101 1 UPDATED 1/1/16-17 Master ($5M/$10M) I Dena Long 1 1/12/2017 12:50:04 PM (CDT) I Page 1 of 1 EXHIBIT "D" STATE OF., COUNTY OFt-- CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia 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: Federal Work Authorization User Identification Number Date of Authorization Barge, Waggoner, Sumner & Cannon, Inc. Name of Contractor Freemanville at Providence Roundabout Peer Review Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 1 n �- ! , 2017 in l cA. k (city), -4 (state). Signature of Authori�zed Of er or Agent /I}� Printed Name and Title o Auti horized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE // /Z_ DAY OF NOT BRAD RAMSEY [NOTA GQT(LwinnettC BUyC State of Georgia My Comm. Expires Aug. 24, 2019 My Commission Expires: Gcii - 2 q - 24�)C STATE OF COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Barge, Waggoner, Sumner & Cannon, Inc. (name of contractor) on behalf of the City of Milton, Georgia 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: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Freemanville at Providence Roundabout Peer Review Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 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 ,20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF' r E M I LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Deluxe Athletics, LLC for Bell Memorial Park Turf Field Additions. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (., .APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES CITY ATTORNEY REVIEW REQUIRED: (IS ES APPROVAL BY CITY ATTORNEY. (-�A' PPROVED PLACED ON AGENDA FOR: REMARKS: () NOT APPROVED () NO (JNO () NOT APPROVED ©,# Youjm PHONE: 678.242.25001 FAX: 678.242.2499 Green *cett�a�* info@cityofmiltonga.us I www.cityofmiltonga.us a'1LI)LIFk Community Qi.Ki ,r j 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 " '"" Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on January 19, 2017 for the January 30, 2017 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Deluxe Athletics, LLC for Bell Memorial Park Turf Field Additions ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and Deluxe Athletics, LLC for additional striping and other work on Field 1 at Bell Memorial Park. Executive Summary: When the two artificial turf fields were designed, a minimum amount of field striping was installed due to budget considerations and also to give the Parks and Recreation Department time to see how the fields would actually be used. We have now determined that the football program would benefit from the permanent installation of yard numbers, direction arrows, coaches boxes, players boxes and a mid-field marker. We have selected a City of Milton logo to be the mid field marker. This work must be performed by Deluxe Athletics or we will void the eight year warranty on the field. This information was presented to the City Attorney who approved our sole sourcing this purchase from Deluxe Athletics. Funding and Fiscal Impact: This will be funded with maintenance and operations funds that have been planned for and were included in the FY17 budget. Page 2 of 2 Alternatives: The only alternative is to not do the work and continue to paint the field as we have done for the last year and a half. While painting is less expensive, it is temporary and requires repeated re-installation during the course of the season. Further, by having these modifications sewn into the fabric, this will improve the appearance of the field and will assist the users of the field with clearly identifiable markers on the field. Legal Review: Sam Van Volkenberg – Jarrard & Davis (January 4, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) Construction Services Agreement with Deluxe Athletics, LLC HO,MF OF' FSTABLISi ICD 2006 CONSTRUCTION SERVICES AGREEMENT BELL MEMORIAL PARK TURF FIELD ADDITIONS This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 13000 Deerfield Parkway, Milton, GA 30004 (hereinafter referred to as the "City"), and DELUXE ATHLETICS, LLC a Georgia Limited Liability Corporation, having its principal place of business at 80 Scott Drive, Marietta, GA 30067 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: The addition of numerals, arrows, striping and a City of Milton logo to Field 1 at Bell Memorial Park (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit All, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and 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. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within thirty 30 business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at Construction Services Agreement I Version 1.0 any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. If the Term of this Agreement is longer than one calendar year. the Parties agree that this Agreement, as required by O.C.O.A. § 36-60-13. shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the "Term, and further, that this Agreement shall automatically renew on January i of each subsequent calendar year absent City's provision of written notice of non-renewal to Consultant 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 Consultant until fully paid for by City. Section 4. Work Chances: Any changes to the Work requiring an increase in the Contract Price (defined beloNN shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. 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 $38.895.00 ("Contract Price''), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a FLAT FEE and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay an initial 50% deposit of the purchase price for materials as specified in Exhibit "A". City will pay the remaining 50% to Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted for each 50% payment. Each invoice shall be accompanied by an interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any, activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict ofinterest in performing the services required by this Agreement. 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 ora 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 Contractor and the City- further ityfarther 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 Contractor or higher tier sub-consultant, or anv person associated therewith, as an inducement for the award of a subcontract or order. H. Expertise of Contractor; 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. The City will not, and need not, inquire into adequacy, fitness. suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of C'ontractor's Work under professional and industry standards. (.'onstruttioll Services Agreement Version 1.t.► C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City. but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should knoN that any information provided by the City is erroneous. inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. Mr. Chris Daniluk shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. 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. 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 such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work: hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with ,Social Security. withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the Citv with regard to the results of such services only. inasmuch as the Cit} and the Contractor are independent of each other, neither has the authorit} to bind the other to any third person or otherwise to act in anti way as the representative of the other, unless otherwise expressly agreed to in writing signed b} both Parties hereto. TheContractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized. in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume tiill liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the Cit}. P. Res onsibility of Contractor and Indemnification of Ciq. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection «ith this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character ofthe Work rendered pursuant to this Agreement. Contractor shall defend, indemniR. and hold harmless the City and the City's elected and appointed officials, officers. boards, commissions. employees. representatives, consultants. servants, agents. attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits. actions, judgments, injuries. damages, losses, costs. expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"). which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor. or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act 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 an Indemnified Party. 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. This obligation to indemnify. defend, and hold harmless the indemnified Party(ies) shall survive expiration or termination of this Agreement. provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B". attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer Naives all rights of subrogation against the City for losses arising from Contractor's Work and that the Cite and its officials, employees or agents are named as additional insureds. (;,om'Iruction S rvice� :Acreemertt Version I.i) If. Assigninent of A reement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E-VeroAfftdcn4t. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71). that it and its subcontractors have registered with. are authorized to use and use the federal work authorization program commonly known as F -Verify. or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement,. executed a notarized affidavit. the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City witllin five (5) business days of receipt. 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 contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ` i if—,CK ONE j 500 or more employees. _ 100 or more employees. �f Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. 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 information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state. regional, county or local boards. agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other pert -nits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authorityto Contract. The individual executing this Agreement on behalf of 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. Construction �4e: i� c s .,i�icentcnt Version 1.0 M. Ownership of Work. All reports, designs. drawings, plans. specifications, schedules. work product, and other materials. including those in electronic form. prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City. and the City shall be entitled to full access and copies of all such Materials in the fonn prescribed by the City. 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. N. Nondiscrimination. in accordance with Title VI of the Civil Rights Act of 1964, 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. 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 disabilit,,. in addition. Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Project Documents; Warrant: Prior to final payment. Contractor shall deliver to City copies of any as -built drmN ings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the Citv. Section 8. Miscellaneous: A. Com tete Agreement; Counte arts. hird. Part Ri ts. This Agreement, including all of the Contract Documents. constitutes the complete agreement between the Parties and supersedes anv and all other agreements, either oral or in writing. between the Parties with respect to the subject matter of this Agreement. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liabilit, reimbursement, cause of action or other right. B. Governingg LaNN; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia N+ithout regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Norther District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal. state, and local laws. regulations, codes, ordinances. or orders applicable to the Project. including, but not limited to. O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, 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 calendar 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any teen or condition other than the one specified in such waiver, and that one only, to the extent specifically stated. 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. Agreement Construction and Interpretation• Invalidity of Provisions. Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance. or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or C.,ollstruction services Ai_,recmtnt Version 1.0 discrepancies that the Contractor has discovered in the Contract Documents. and the written resolution thereof by the Cit, is acceptable to the Contractor. 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. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or anN part thereof, later be deemed illegal, invalid or 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 as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the CitN and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE[ Construction Services ,,\ijeenient ' Version .1.i? CI'T'Y OF MILTON, GEORGIA Signature: _ Joe Lockwood, Mayor CCITY SIAL.] Attest: By: Its: City Clerk Approved as to form: CONTRACTOR: Nlu X444.,Le R,,y U C By Its: [CIRCLE ONE] President/Vice President (Corporation) Ge nership/Limited Partnership) ember/Manager (1 Owner (Sole Proprietorship/Individual) [CORPORATE: SEAL] (Required if corporation) Attest/Witness: By: U�rtiG� l�tn��n Its: VF _ e r-.A�•.s ((Assistant) Corporate Secretary if corporation) Citv Attorney Con;tructio�n Services \greernent Version 3.0 "EXHIBIT A" [INSERT DETAILED SCOPE OF WORK] Evk-161 A DELu)(E ATHLETICS 80 Scott Drive *Marietta, GA 30067 *Ph 678-560-5336 *Fax 678-560-5354 DATE: 12/27/16 Jim Cregge Director of Parks and Recreation City of Milton RE: Bell Memorial Park Synthetic Turf Field Numbers and Arrows, Center Logo and Coaches Boxes Pricing for one Field ONLY Jim, Thank you for contacting Deluxe in regards to you request on pricing for your fields at Bell Memorial Park. Outlined below you will find the scope of work as well as pricing for the supply and installation of a numbers and arrows package, center logo and coaches boxes for one field only. Scope of Work: • Mobilization • Extraction of infill in the proposed numbers/arrows, coaches boxes and center logo area • Cut out the existing turf and disposal of • Supply and installation of a new set of 2" Parallel Slit Film numbers and arrow set, coaches boxes and two color mid field logo • Re infill with extracted infill with addition of new infill as needed • Grooming of entire field with owners equipment • Clean up Pricing: $38,895.00 Notes: -Timeframe for this complete scope will be approximately 10-11 working days -Proper scheduling to take place to complete this scope of work, field has to be shut down for the duration of the scope -50% Deposit required before materials are ordered, 50% due at completion of the listed scope of work -City of Milton to provide access to the field area, Deluxe not responsible for any damage to this access (forklift/Lull will be utilized to carry materials to the field location) If you have any questions on this scope of work or pricing please let us know. Sincerely, Daniel Griffin Deluxe Athletics a O a z N nrt� z m a m D O m v � W � o ic- 0 o m A N 0. v— d o 0 Wm N � r—Drr- 0Zm 70 A �D^ mr \J� 0 N it v�;�� -i D co o M - rn 0 - C v �Ocr WC3D d �ZMD D r W 0 i1D 7C — rrZ o ` c m ��O CO) m w D X 1 Z m CL m0 - v— m O m v O >CP 3 CD o Z 00v m ov N <• M _ W WSD � _ W P., T �( m c K n Z M oD�� o';* Kinin Oo L7 o> r 0 C11Om w o n MN 0 03 p V U) U) Z N y 0 o v x v m m En v U)Z 2 cn n F- ZW v Z o F- m a o co m v o a -a CA) (_con°' O LEta n o -1 p N n OD y r m "EXHIBIT B" [I\SFRT I\SLRA\CE CF.RTIFICAIT \VIEETI\G STANDARD (OR OTHERWISE APPROVED) RFQI IRl:.%l :\ I'S OF I'HE CITY OF MILT0\. GEORGIA AC RO? CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) l-' 1/6/2017 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(ies) 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 CONTACT Mary Ward NAME: Y Sterling Risk Advisors Inc. I_PHONE H No.F�fil: (678)424-6500 (Nc,Np):(e7e)4a4-e9v1 6 1 - - P O Box 724137 nDORless mward@sterlingra.com -- -- -- - INSURER(BZAFFORDING COVERAGE NAIC M Atlanta GA 31139 INsuRERAAmeritaure Iheurance Company ' }4_4.6.8 INSURED Deluxe Athletics, LLC. ; - -1-_- -- ' INSURER 0: Deluxe Grading,LLC; Deluxe Surfacing,LLC; INSURERC: Deluxe Field Construction, LLC INSURER D: 80 Scott Drive NE I INSURER E. _ Marietta, GA 30067-7407 IINSURERF CnVRRAGFS CCDTICIPATe NI Iuneo.i c _ 17 T.; .s.; 1 ; � 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 LIME TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILT R TYPE OF INSURANCE ADDL SUER TR IN W POLICY EFF POLICY EXP _ POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS -- - - X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR DAMAff TO occu� 1, 000, 000 PREMISES Ea encs] $ _.1 CPP2076301 4/30/2016 4/30/7017 i MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 _®EN'L AGGREGATE LIMIT APPLIES PER_GENERAL AGGREGATE $ 2, 000, 000 - I POLICY ! X PRO JrC -_- LOC PRODUCTS- COMP'OP AGG $ - 2 , 0 0 0 , 0 0 0 OTHER. S. _._. AUTOMOBILE LIABILITY CO BI ED SINGLE LIMIT $ 1,000, 000 - X ANY AUTO A (Ea accident) BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS - AUTOS CA2076300 4/30/2016 4/30/2017 BODILY INJURY (Per accident) S HIRED AUTOS X AU TOO PROPERfiY DAMAGE $ —X (Peraccldenl) c I X UMBRELLA LIAR OCCUR X r EACH OCCURRENCE S 5,000,000 A T EXCESS LIAB CLAIMS-NIADE AGGREGATE $ 5,000, 000 D X R T NTION$ 0 CU2076302 4/30/2016 4/30/2017 $ WORKERS COMPENSATION PERO _ X AND EMPLOYERS' LIABILITY YIN . STATUTE - ER , ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER;MEMBER EXCLUDED? N N/A E EACH ACCIDENT $ 11 000,000 A (Mandatory in NH) Ifyes, describe under NC2076303 4/30/2016 4/30/2017 EL DISEASE - EA EMPLOYEE$ - 1,000,000 6RIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1 000,000 A !Inland Marine CPP2076301 4/30/2016 4/30/2017 Leased/Rented Equipment 150, 000 Ded-5, 000 theft/1, 000 ACP Installation Floater 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) City of Milton 13000 Deerfield Pakrway Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brian Perry/MARYW-—,..T��� _-� 9 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 onidnii "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE, OF A-Rur If%- COi iNTY OF By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating af}irmatively that the individual. firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia. 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: --- Federal Work Authorization User Identification Number --- 14,t - - - — --- Date of Authorization Deluxe Athletics, LLC _ Contractor BELL MEMORIAL PARK TURF FIELD ADDITIONS Project City of Milton, Georgi Name of Public Employer 15EP H 4r� "77:4 Nor49 0 A �BLtd 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed ona_ �, -, 4 (o . 2011 in 'lar*e4ft (city). (state). Signature of Authorized Officer or Agent ris LAilwPrcrcd-e—?4&AA5,ns /�'icd tr Printed Name and ' itle of Authorized Officer or Agent SUBSCRIBED AN),SWORN BEFORE ME OI��IIS THE 6v DAY OF '1/04AWAI .201-7. i'qO ARY PUBLIC My Commission Expires: HOMEOF ` MI--LTON-Ir ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Research Project Agreement between the City of Milton and the University of Georgia Research Foundation, Inc. to Provide Assistance on the Development of Community Septic System Review Guidelines. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4<ES CITY ATTORNEY REVIEW REQUIRED: (IES APPROVAL BY CITY ATTORNEY. (1APPROVED PLACED ON AGENDA FOR: o'/30/1017 REMARKS: (J NOT APPROVED () NO () NO () NOT APPROVED ©� Yom. - ---- ---- -- --- �---- PHONE: 678.242.25001 FAX: 678.242.2499 Green info@cityofmiltonga.us I www.cityofmiitonga.us WILD„ T Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Certified * Top tou Ethics f To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Assistant City Manager Date: Submitted on January 23, 2017 for the January 30, 2017 Regular Council Meeting Agenda Item: Approval of a Research Project Agreement between the City of Milton and the University of Georgia Research Foundation, Inc. to Provide Assistance on the Development of Community Septic System Review Guidelines ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The University of Georgia Research Foundation will provide technical assistance and recommendations for the development of review guidelines for the use of community septic systems within the city. Funding and Fiscal Impact: Funding for this project will require a mid-year budget adjustment and will be made available in the Public Works account for Professional Services. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (January 13, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Research Project Agreement RESEARCH PROJECT AGREEMENT This Research Project Agreement (“Agreement”) is between the University of Georgia Research Foundation, Inc., a Georgia non‐profit corporation with principal offices in Athens, Georgia (“UGARF”), and the City of Milton, Georgia, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 13000 Deerfield Parkway, Suite 107F, Milton, Georgia 30004 (“Sponsor”). UGARF and Sponsor desire to enter into an agreement whereby Sponsor will fund research to be performed at the University of Georgia (“UGA”). UGA is governed by the Board of Regents of the University System of Georgia (“Regents”). UGARF has the authority to contract for the performance of research projects that UGARF will subcontract to UGA. UGARF is the owner of certain intellectual property by UGA employees and students. Now, therefore, in consideration of the mutual obligations herein, the Parties agree as follows: 1. Research/Work. Under UGARF’s subcontract to UGA, UGA will conduct the work entitled Legal Consultation for Community Septic System Review Guidelines, described in Appendix A (“Research Project”). UGARF will conduct the Research Project, through its subcontractor UGA, according to the professional standards customary among U.S. research universities. 2. Principal Investigator. Seth Wenger is the “Principal Investigator” who will direct performance of the Research Project. Mr. Wenger will be represented on the Research Project by Katie Hill (“Representative”). If for any reasons the Principal Investigator or his Representative become unavailable to complete the Research Project, UGARF shall notify Sponsor. 3. Contract Period. This Agreement is effective as of the date last signed below and will end on either December 31, 2017 or upon completion of the Research Project, whichever occurs first. This Agreement may terminate early by mutual consent or pursuant to the terms of Section 12 herein. If the term of this Agreement is longer than one calendar year, 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 Sponsor on December 31 each calendar year of the term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the term absent Sponsor’s provision of written notice of non‐renewal to UGARF at least five (5) days prior to the end of the then‐current calendar year. Anything Sponsor intends to purchase from UGARF (supplies, materials, equipment, etc.) for this project will belong to UGARF until the Sponsor fully pays for it. The Parties do not currently contemplate the purchase of any such supplies, materials or equipment. 4. Cost of Research. Sponsor shall pay UGARF based upon the number of hours worked by the Principal Investigator and his Representative at the fixed hourly rate of $110 to conduct the Research Project. The total amount paid under this Agreement as compensation for work performed shall not, in any case, exceed $10,000. The Principal Investigator and/or his Representative shall invoice Sponsor for time spent and Sponsor shall, within 30 days of approval of each invoice, pay UGARF via wire transfer or check. Wire transfers shall be sent as follows: City of Milton, GA Seth Wenger/Katie Hill 2 University of Georgia Research Foundation, Inc. c/o Athens First Bank & Trust Company P.O. Box 1747 Athens, GA 30603 (706) 357‐7120 Routing # 2 6 1 1 7 0 9 3 1 Checking account # 0154207955 Physical checks may be sent to: University of Georgia Research Foundation, Inc. Sponsored Projects Administration 310 East Campus Road Room 411 Tucker Hall Athens, GA 30602‐1589 ATTN: Callie Adams 5. Use of Names. Sponsor shall not state or imply in any manner and in any media that Sponsor’s products or services have been tested, approved, or endorsed by Regents, UGA, or UGARF. Sponsor may use the names and marks of Regents, UGA, or UGARF truthfully and solely to identify the source of the Research Project. Regents, UGA, and UGARF shall not use Sponsor’s name or marks without prior permission except as may be necessary to identify Sponsor as a funding source. 6. Publication. UGA and Principal Investigator may publish the data and results of the Research Project. UGARF will give Sponsor an opportunity to review any proposed publication thirty (30) days prior to submission or presentation. During that time, Sponsor may request that the Principal Investigator delete any reference to Sponsor’s Confidential Information (see Section 7). Sponsor may delay presentation or publication by up to thirty (30) additional days if necessary to allow for filing of applications for Sponsor Intellectual Property (see Section 10). The right of review Sponsor has under this Section shall terminate twelve (12) months from completion of the Research Project. UGA and Principal Investigator may catalog and place reports of the Research Project in the UGA libraries so as to ensure that such results are available to the interested public. 7. Confidentiality. “Confidential Information” means all information embodied in oral, written, electronic, biological, chemical, or other tangible form, which is disclosed or provided to one party to this Agreement (“Recipient”) by the other party (“Provider”), and is marked by the Provider as confidential. During the term and for a period of three years thereafter, the Recipient of Confidential Information shall not disclose or provide any such Confidential information to any third party without prior written consent of the Provider. The Parties contemplate that no Confidential Information will be exchanged pursuant to this Agreement, and will not disclose to each other any Confidential Information except as may be necessary to fulfill their obligations under this Agreement. Notwithstanding the foregoing, UGARF cannot guarantee the confidentiality or protection of messages transmitted by email. The Recipient shall have no obligations with respect to any portion of Provider’s Confidential Information that: City of Milton, GA Seth Wenger/Katie Hill 3 a. is or later becomes available to the public by use, publication, or the like, through no fault of the Recipient; b. the Recipient obtains from a third party who had the legal right to disclose it to the Recipient; c. the Recipient already possesses, as evidenced by written records pre‐dating receipt from the Provider; d. the Recipient independently develops without reference to Confidential Information of the Provider; or e. is required to be disclosed by law, as under the Georgia Open Records Act. 8. Intellectual Property. Sponsor will retain ownership of any propriety material transferred to UGARF hereunder, plus all derivatives, progeny, improvements, clones, and modifications thereof that are at least partially based upon or incorporate any element of the original material, and Sponsor shall also own any intellectual property furnished by Sponsor to UGARF under this Agreement (all collectively, “Sponsor Intellectual Property”). UGARF will retain ownership of all processes, intellectual property, know‐how, technical information, methodologies, and inventions that are used or developed by UGA in the performance of the Research Project but do not relate uniquely to the Sponsor’s proprietary material or to Sponsor Confidential Information (“UGARF Intellectual Property”). No rights or obligations of any kind other than those expressly recited herein are granted to either Party or implied by this Agreement. UGARF grants to Sponsor an exclusive option to negotiate an exclusive license to UGARF Project Intellectual Property. Sponsor’s option shall expire 90 days after UGARF’s disclosure to Sponsor of UGARF Project Intellectual Property. Sponsor may extend this option period an additional 30 days by (i) giving written notice of its election to so extend before expiration of the first 90 days; and (ii) paying UGARF’s patent expenses, if any are incurred at Sponsor’s request, until expiration of the option. At any time during the option period, Sponsor may exercise the option by written notice to UGARF, whereupon the Parties shall promptly and in good faith negotiate a commercially reasonable license. The terms of such license will include: (i) payment of reasonable royalties on sales of products or services that embody, or the development, manufacture or use of which involves employment of, UGARF Intellectual Property; (ii) reimbursement of expenses in countries covered by the license; (iii) in the case of an exclusive license, reasonable commercialization milestones, minimum royalties, or both; and (iv) such other terms as may be necessary to comply with state law and UGARF policies. In the event that intellectual property is invented, created, or developed jointly by one or more employees or students of Regents and by one or more employees of Sponsor, the Parties will negotiate an intellectual property management agreement to define the respective rights and obligations of the Parties with respect to legal protection, payment of expenses, licensing, and City of Milton, GA Seth Wenger/Katie Hill 4 infringement. 9.DISCLAIMER OF WARRANTIES. THE RESEARCH PROJECT WILL BE CONDUCTED IN UNIVERSITY FACILITIES, ARE EXPERIMENTAL IN NATURE, AND ARE PROVIDED “AS IS.” UGARF AND UGA MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SAFETY, UTILITY, VALUE, PERFORMANCE, MARKETABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE RESEARCH PROJECT, WORK PRODUCT THEREOF, OR OF ANY INTELLECTUAL PROPERTY, OR THAT SUCH DO NOT INFRINGE ANY THIRD PARTY PROPERTY RIGHTS. 10.Indemnification. [Reserved] 11.Insurance. SPONSOR is insured against tort claims under Comprehensive General Liability and Automobile Liability policies of insurance issued by the Georgia Interlocal Risk Management Agency, in the amount of $2,000,000 per occurrence; UGA maintains workers' compensation insurance through the State of Georgia. During the contract period, Sponsor shall give UGARF 30 days’ prior written notice of cancellation of the policy. 12.Termination. a.At Will. This Agreement may be terminated by any Party upon 90 days’ prior written notice. b.For Cause. This Agreement automatically will terminate if Sponsor: (i) fails to make any payment within the time specified herein, and fails to make full payment including interest within 30 days after written notice by UGARF; or (ii) breaches any other term of this Agreement and fails to cure such breach within 60 days after written notice by UGARF. 13.Effects of Termination. a.Payment. Upon termination for any reason, Sponsor shall pay UGARF, within 30 days of receipt of invoice, for all sums due and owing up to and including the effective date of termination, and all non‐cancelable obligations made before receipt of notice of termination, even though such obligations may extend beyond the termination date. b.Rights and Obligations Extinguished. Upon termination of this Agreement under Paragraph 12b, UGARF’s obligations to conduct the Research Project, complete deliverables and reports, and disclose any intellectual property are terminated. c.Confidential Information. Upon termination, each Party shall return to the other or destroy all Confidential Information of the other Party in its possession or control. 14.Integration. This Agreement and its attachments embody the entire understanding of the Parties with respect to the matters herein, and supersede all previous communications, either oral or written. This Agreement may be amended only by mutual written agreement. City of Milton, GA Seth Wenger/Katie Hill 5 15. Independent Contractor. UGARF’s relationship to Sponsor is that of independent contractor and not agent, joint venturer, or partner. 16. Governing law. This Agreement is to be governed by and construed under Georgia law without regard to its conflict of law rules. 17. Survival. Articles 5, 6, 7, 8, 9, 10, 11, 18 and 19 shall survive termination of this Agreement. 18. Export Controls. The Research Project and related deliverables, reports, and intellectual property may be subject to U.S. export laws. Sponsor shall be solely responsible for Sponsor’s required compliance with such laws. UGARF makes no representations that an export license may not be required in order for Sponsor to utilize Research Project or related deliverables, reports, and/or intellectual property, or, if required, that such an export license will issue. 19. Severability. All rights and duties herein are binding only to the extent that they do not violate any laws, and are intended to be limited to the extent necessary so as not to render this Agreement illegal, invalid, or unenforceable. If any term of this Agreement is held to be illegal, invalid, or unenforceable by a court of law, the remaining provisions will constitute the agreement of the parties to the extent the material intent of the parties continues to be effectuated. To the extent legally permissible, any illegal, invalid, or unenforceable term of this Agreement will be replaced by a valid term that implements the Parties’ intent. 20. Force Majeure. Delays in, or failure of, performance of any Party will not constitute default, or trigger any claim for damages, if and to the extent such damages are caused by occurrences beyond the control of the Party affected, including, but not limited to, acts of God, strikes, work stoppages, civil disturbances, fires, floods, explosions, riots, war, rebellion, sabotage, government acts, or failure of governmental authority to issue necessary licenses or approvals. 21. Notices. All notices under this Agreement must be sent by commercial carrier, verifiable email, or certified U.S. mail addressed to the Official Notice Agent identified in Appendix B, or to such other persons and addresses as may be designated by written notice. 22. City Ethics Requirements. UGARF and Sponsor acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City of Milton 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. UGARF and Sponsor 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 City of Milton, GA Seth Wenger/Katie Hill 6 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. 23. Title VI. The parties agree that they will comply with all applicable Title VI requirements, and any contracts let related to this Agreement shall contain all required Title VI requirements under applicable law. 24. E‐Verify. The parties agree that they will comply with all applicable E‐Verify requirements, and any contracts let related to this Agreement shall contain all required E‐verify requirements under applicable law. IN WITNESS whereof, the Parties have executed this Agreement as of the day and year noted below. University of Georgia City of Milton, Georgia Research Foundation, Inc. Signature Date Signature Date Printed Name: Jennifer Jones Printed Name: Joe Lockwood Title: Grants Officer, SPA Pre‐Award Title: Mayor For Dr. David Lee, Executive Vice President Attest Signature: _______________________________ Print Name: Sudie Gordon Title: City Clerk Approved as to form: _______________________________ City Attorney 1/13/17 APPENDIX A – RESEARCH/WORK Project Title: Legal Consultation for Community Septic System Review Guidelines Summary of work: The purpose of the work is to assist the Sponsor in developing review guidelines for the approval of community septic systems used within the City of Milton, Georgia. Drawing upon legal expertise related to municipal and onsite (septic system) waste management, the Principal Investigator and/or his Representative will provide consulting services for the Sponsor, including both written and in‐person analysis and recommendations. Schedule, time, and tasks: The consultation work will require sporadic in‐person meetings, telephone conferences and email correspondence over a period of several months during the year 2017. One or more in‐person presentations to the Milton City Council may be required. The Sponsor and the Principal Investigator and/or his Representative will coordinate a mutually‐agreeable schedule. Reports and other deliverables: No particular deliverable is contemplated. Role of Sponsor in conducting or contributing to Research, if applicable: Sponsor will provide any requested factual information about the City of Milton, and will hire a technical/ engineering expert in the field of waste management to jointly consult with the Principal Investigator and/or his Representative on the Project. APPENDIX B – CONTACT INFORMATION This Appendix B identifies the “Official Notice Agent” for each party and UGARF’s “Financial Contact,” to whom Sponsor shall direct payments made to UGARF under this Agreement. In addition, and for the convenience of the Parties, this Appendix B also identifies the Principal Investigator and Sponsor’s Project Director and Financial Contact. UGARF SPONSOR Official Notice Agent Name: Jessica Gordy Address: Sponsored Projects Administration 310 East Campus Road Tucker Hall 306 Athens, GA 30602‐1589 Telephone: 706‐542‐8813 Fax: 706‐542‐5946 Email: gordy@uga.edu Official Notice Agent Name: Carter Lucas Address: Assistant City Manager/Director of Public Works 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Telephone: 678‐242‐2626 Fax: n/a Email: Carter.Lucas@cityofmiltonga.us Principal Investigator Name: Seth Wenger Address: River Basin Center Athens, GA 30602 Telephone: 706‐542‐1778 Fax: Email: swenger@uga.edu Project Director Name: Same as Official Notice Agent Address: Telephone: Fax: Email: Financial Contact Name: Allison Davis Address: 310 East Campus Road Tucker Hall Room 411 Athens, GA 30602‐7016 Telephone: (706) 542‐9151 Fax: (706) 542‐5946 Email: cgadmin@uga.edu Financial Contact Name: Same as Official Notice Agent Address: Telephone: Fax: Email: HOME OF ` F BEST QUA! JY OE LIFE IN GEORGIA' Mf - LTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2017 FROM: Steven Krokoff, City Mana kr AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Dr. Robert Rubin to Provide Assistance on the Development of Community Septic System Review Guidelines. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (g4ES CITY ATTORNEY REVIEW REQUIRED: (,IYES APPROVAL BY CITY ATTORNEY: (APPROVED PLACED ON AGENDA FOR: 01J36 jzb17 REMARKS: © You , PHONE: 678.242.25001 FAX: 678.242.2499 1nfo@cityofmiltonga.us I www.c(tyofmIItonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 (J NOT APPROVED (J NO (J NO (J NOT APPROVED Green W Community 't Cei-ifiefd ' Cty o ' Rhic To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Assistant City Manager Date: Submitted on January 23, 2017 for the January 30, 2017 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Dr. Robert Rubin to Provide Assistance on the Development of Community Septic System Review Guidelines ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: Dr. Rubin is a recognized expert in the field of community septic systems and will be providing technical assistance and recommendations for the development of review guidelines for the use of community septic systems within the city. Funding and Fiscal Impact: Funding for this project will require a mid-year budget adjustment and will be made available in the Public Works account for Professional Services. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (November 14, 2016) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 13000 Deerfield Parkway, Suite 107F, Milton, Georgia 30004 (hereinafter referred to as the “City”), and Dr. Robert Rubin, having his principal place of business at 192 Fearrington Post, Pittsboro, North Carolina, 27312 (herein after referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference: Exhibit “A” – Insurance Requirements Exhibit “B” – Contractor Affidavit Exhibit “C” – Subcontractor Affidavit Section 2. The Work. A general description of the Work is as follows: Drawing upon his expertise in design, operation, maintenance and management aspects of municipal and onsite (septic system) waste management, the Consultant will provide professional consulting services for the City, including both written and oral in-person analysis and recommendations. The purpose of the Work is to develop review guidelines for the approval of community septic systems used within the City of Milton. The Work includes all material, labor, insurance, tools, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in this Agreement, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. All significant components of the Work must be coordinated with the City to ensure that such components and their associated costs are authorized. Section 3. Contract Term; Termination. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before December 31, 2017 (provided that certain obligations will survive termination/expiration of this Agreement). The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant, and in that case shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the Term of this Agreement is longer than one calendar year, 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 City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City’s provision of written notice of non-renewal to Consultant 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 Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (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. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $10,000 (the “Maximum Contract Price”), except as outlined in Section 4 above. The compensation for Work performed shall be based upon an hourly rate of $100 per hour. Reimbursable expenses will be paid on direct cost with no mark-up based on receipts received. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of monthly invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents. 2 Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. C. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to him and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense, which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work by Consultant, or any subcontractor or person directly or indirectly employed by Consultant. D. Independent Contractor. Consultant 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 City. E. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “A”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. F. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and 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 reque st, 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. Consultant and City further acknowled ge 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. G. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, 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 paragraph in every subcontract for services contemplated under this Agreement. H. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 3 I. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant 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 Consultant’s subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing, or (3) If Consultant does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Consultant shall provide a copy of Consultant’s state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Consultant 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 affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) above. Further, 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 Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, 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 “C”, 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 an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and 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. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. __X_ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, 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. 4 Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights; Interpretation. This Agreement, including any exhibits hereto, 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. This A greement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 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. The Parties 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. 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 the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 5 CONSULTANT: _____________________________ A. Robert Rubin Signature: Print Name: A. Robert Rubin____________ Title: Owner (Sole Proprietorship/Individual) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CIT Y SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” Automobile Insurance: Consultant shall maintain personal automobile liability insurance as required by law. Workers’ Compensation Insurance: Consultant asserts that he is a sole proprietor and will be performing the Work without the assistance of a subcontractor, and is therefore not required to carry workers’ compensation insurance. Commercial General Liability Insurance: Not specifically required. Professional Liability (E&O) Insurance: Not specifically required. EXHIBIT “B” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Dr. Robert Rubin Name of Contractor Community Septic System Guidelines Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “C” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Dr. Robert Rubin on behalf of the City of Milton, Georgia 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Community Septic System Guidelines Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ HOME OF' 'F BEST QUAI!TY Or LIFE IN ,,EORGIP" ivi0 N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 23, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Erkal LLC, dba Manhattan Pizza & Grille, 5230 Windward Parkway Ste. 105, Milton, Georgia 30004. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: ofw/moo? REMARKS: (J NOT APPROVED (r ^O (SAO () NOT APPROVED © YO ll %„!s PHONE: 678.242.2500 1 FAX: 678.242.2499 Green` info@cityofmiltonga.us 1 www.cityotmiltonga.us ��.� Community th;..`f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 9, 2017, for the January 30, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Erkal LLC, dba Manhattan Pizza & Grille, 5230 Windward Parkway Ste. 105, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Erkal LLC., dba Manhattan Pizza & Grille for Consumption on Premises: Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted in order to add the sale of distilled spirits on premises and change of corporate business name. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Erkal LLC, Manhattan Pizza & Grille Contact Name: Jack Erkal Business Address: 5230 Windward Parkway, STE 105, Milton, GA 30004 Type of License: Package Retail – Wine and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development Attachment(s): None. HOME OF - 1_cT QUAI !Ty LIr-' MtLT - ON%' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE° anuary 23, 2017 FROM: Steven Krokoff, City Manager 6) AGENDA ITEM: Consideration of RZ16-07 -To Amend the AG -1 (Agricultural) District Regarding Paved and Unpaved Roads in Chapter 64, Article Vl, Division 2, in Sec. 64-416. Development Standards. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY: (APPROVED PLACED ON AGENDA FOR: C'11pitor7 REMARKS: () NOT APPROVED () NO (JNO () NOT APPROVED ® * Your PHONE: 678.242.25001 FAX: 678.242.2499eeaaea 1 ; info@cifyofmiltonga.us 1 www.cityofmiltonga.us Community ��� nth; I y�r \CILIH II 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """"""' 1''B``J Page 1 of 6 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 24, 2017 prepared for the January 30, 2017 City Council Meeting. (First Presentation - December 5, 2016, Work Session – December 12, 2016, Deferred at the December 19, 2016 meeting) Re: RZ16-07 – Consideration to Amend the AG-1 (Agricultural) District Regarding Paved and Unpaved Roads in Chapter 64, Article VI, Division 2, in Sec. 64-416. Development Standards. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The purpose of this text amendment is to amend the existing ordinance to ensure that any parcel fronting on an unpaved road (gravel road) remain at least three acre in size. This also includes those parcels that have frontage on both an unpaved road and a paved road no matter what the width of the frontage on the unpaved road. This item was presented at the October 26, 2016 Planning Commission Meeting. There were four citizens who made comments regarding these items. Three of the citizens were in support of the ordinance as proposed by Staff. One citizen who also represented land owners was in opposition to the proposal as recommended by Staff. After deliberation and consideration of comments from the public, the proposed text amendment was deferred to allow Staff to pr ovide the following information: a list of unpaved roads in Milton and a list of parcels and their size that have frontage on both unpaved roads and paved roads (not already in platted subdivision like White Columns). Results of the November 16, 2016 Planning Commission Meeting Staff provided the items that the Planning Commission requested from the October meeting. There was one citizen who spoke in support of the proposed Page 2 of 6 text amendment regarding unpaved roads. After further discussion by the Planning Commission they recommended Approval (6-0) of the amendment as proposed by Staff. Discussion at the December 12, 2016 City Council Work Session Staff presented to the Council the proposed text amendment as outlined above. After further discussion, the City Council directed Staff to change the ordinance to reflect that, in instances where parcels are adjacent to both paved and unpaved roads, the following shall apply: the portion of the parcel adjacent to an unpaved road shall be developed with minimum three acre lots and the portion of the parcel that is adjacent to the paved road may be subdivided into one acre lots. Discussion at the December 19, 2016 City Council Meeting The Mayor and City Council recommended to defer this item until the January 30, 2017 Council meeting to allow adequate time for Staff to give notice to property owners whose properties front on both a paved and unpaved road that may be impacted by the proposed amendment. Staff has received enquiries from approximately six property owners regarding the notice sent by the City. Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (November, 2016) Concurrent Review: Community Development, Public Works Attachment(s): RZ16-07 text amendment and ordinance. Page 3 of 6 Unpaved Roads (gravel) Black Oak Road Brittle Road Burgess Drive Burgess Road Christophers Run Clarity Road Cowart Road Darby Road Day Road Holly Road King Circle Knox Hill Drive Lackey Road Land Road Landrum Road Lively Road Louis Road Nix Road Old Cogburn Road Old Dorris Road Old Henderson Road Old Holly Road Phillips Circle Rowe Road Simmons Hill Road Spring Falls Road Summit Road Sweet Apple Road Westbrook Road Wood Road Page 4 of 6 Road Parcel ID Acreage Black Oak Road 22 515001830364 4.3 Black Oak Road 22 515001830224 1.7 Brittle Road 22 461008400515 7 Brittle Road 22 461008890129 1 Brittle Road 22 460107680290 16.2 Brittle Road 22 459007680087 1 Burgess Road 22 487004750090 3 Burgess Road 22 503004741101 1.1 Burgess Road 22 503004741127 1 Burgess Road 22 503004740517 6.2 Clarity Road 22 374002740218 35.7 Clarity Road 22 374002740622 2.8 Darby Road 22 374003450288 5.04 Darby Road 22 390003770574 1.09 Day Road 22 454004070168 2.6 Day Road 22 454004070135 4.8 Holly Road 22 348009460558 3.7 Holly Road 22 348009990570 5.5 King Circle 22 352012330741 1.1 King Circle 22 352012880737 3.5 Knoxhill Drive 22 394006660188 1.1 Knoxhill Drive 22 394006650270 1.3 Lackey Road 22 342009440082 4 Lackey Road 22 342009440066 4.2 Land Road 22 516002560497 1 Land Road 22 516002560505 1 Land Road 22 516002550407 2.8 Land Road 22 532002540116 1 Landrum Road 22 413209180073 2.4 Landrum Road 22 397009190178 3.1 Landrum Road 22 413009170407 1.2 Landrum Road 22 414009560266 4.4 Lively Road 22 533003240292 0.5 Lively Road 22 533003240250 2 Lively Road 22 533003250408 1 Louis Road 22 441006250187 2.3 Louis Road 22 441006260590 1.2 Nix Road 22 407004520350 4 Page 5 of 6 Nix Road 22 407004860327 1.1 Nix Road 22 439004550012 3.4 Nix Road 22 439004550202 16.2 Old Cogburn Road 22 507007610205 2 Old Cogburn Road 22 507007610098 1 Old Cogburn Road 22 508008250074 0.9 Old Cogburn Road 22 508008240455 1 Old Dorris Road 22 398009910458 1 Old Dorris Road 22 398009540214 6.9 Old Henderson Road 22 469003160307 3 Old Henderson Road 22 469103160173 1.5 Old Henderson Road 22 469103160165 1.1 Old Henderson Road 22 469103160157 1.3 Old Henderson Road 22 469003330215 1.1 Old Henderson Road 22 485103320013 1 Old Holly Road 22 348009990570 5.5 Old Holly Road 22 348009990604 7.88 Phillips Circle 22 443007430206 2.5 Phillips Circle 22 443007430123 7.1 Phillips Circle 22 427007710451 3 Phillips Circle 22 427007710485 2.4 Rowe Road 22 374002740614 0.27 Rowe Road 22 374003450197 6.2 Simmons Hill Road 22 398009910730 1 Simmons Hill Road 22 398009910383 1 Spring Falls Road 22 414009900348 5.1 Spring Falls Road 22 414009900728 1.7 Summit Road 22 42707710139 3.2 Summit Road 22 428008140185 4.7 Sweet Apple Road 22 349010720253 4 Page 6 of 6 Sweet Apple Road 22 349010720089 6.7 Sweet Apple Road 22 349010180169 2.5 Sweet Apple Road 22 349010180185 14 Westbrook Road 22 483001871213 6 Westbrook Road 22 483001870221 5.4 Westbrook Road 22 484002460095 63.4 Westbrook Road 22 500002470741 5.7 Westbrook Road 22 486103900127 3 Westbrook Road 22 502003910477 3.5 Wood Road 22 393006310257 2.6 Wood Road 22 393006310240 4.8 1/26/20171/25/2017 RZ16-07 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017. (First Presentation on December 5, 2016, Work Session on December 12, 2016) (Highlighted changes are based on City Council’s discussion at the Council Work Session.) Page 1 of 2 Formatted: Highlight Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with adjacent to frontage on an unpaved road; the following rules shall apply: irrespective of whether the lot also has access to or frontage along a paved road. adjacent to unpaved road or has access to an unpaved road. a. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. If the lot adjacent to the unpaved road does not meet the requirement of 100 feet of road frontage, said lot shall provide a 35 feet of road frontage and at least 100 feet of lot width at the building line. b. Each proposed lot shall provide at least 200 feet of lot width at the building line. (3) Three acres, when a parcel at the time of the adoption of this ordinance, has frontage on both a paved road and an unpaved road regardless of the width of the gravel road frontage. If the lot frontage on the gravel road does not meet the requirements below, said lot shall provide 35 feet of road frontage and at least 100 feet of lot width at the building line. a. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. b. Each proposed lot shall provide at least 200 feet of lot width at the building line. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. (2) Fences shall not exceed 55 inches from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right -of-way. Formatted: Indent: Left: 0.25", First line: 0" Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Indent: Left: 0.6", Hanging: 0.4" Formatted: Indent: First line: 0" Formatted: Highlight 1/26/20171/25/2017 RZ16-07 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017. (First Presentation on December 5, 2016, Work Session on December 12, 2016) (Highlighted changes are based on City Council’s discussion at the Council Work Session.) Page 2 of 2 Formatted: Highlight (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (k) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall n ot exceed 55 inches from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (l) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (m) Barbed wire is prohibited on any single -family residential lots, except when part of a legitimate agricultural use. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-07 AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT REGARDING PAVED AND UNPAVED ROADS IN CHAPTER 64, ARTICLE VI, DIVISION 2, IN SEC. 64-416. DEVELOPMENT STANDARDS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 30, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the AG-1 District regarding paved and unpaved roads in Chapter 64, Article VI, Division 2, in Sec. 64-416 Development Standards 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 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: HOME OF ' M1 LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ16-08 -To Amend the Definitions Regarding Paved and Unpaved Roads in Chapter 64, Article I, in Sec. 64-1. Definitions. MEETING DATE: Monday, January 30, 2017 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: (�ES () NO CITY ATTORNEY REVIEW REQUIRED: (-�IES () NO APPROVAL BY CITY ATTORNEY: (,f 'APPROVED () NOT APPROVED PLACED ON AGENDA FOR: l :30 (1 REMARKS: ©'*Your PHONE: 678.242.25001 FAX: 678.242.2499 Green info@cityofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Cetttf d # City of' y Ethic�f 71j) A LLL Page 1 of 3 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 24, 2017 prepared for the January 30, 2017 City Council Meeting. (First Presentation - December 5, 2016, Work Session – December 12, 2016, Deferred at the December 19, 2016 meeting) Re: RZ16-08 – Consideration to Amend the Definitions Regarding Paved and Unpaved Roads in Chapter 64, Article I, in Sec. 64-1. Definitions. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The purpose of this text amendment is to amend the existing ordinance to ensure that any parcel fronting on an unpaved road (gravel road) remains three acre in size. This also includes those parcels that have frontage on both an unpaved road and a paved road no matter what the width of the frontage on the unpaved road. These items were presented at the October 26, 2016 Planning Commission Meeting. There were four citizens who made comments regarding these items. Three of the citizens were in support of the ordinance as proposed by Staff. One citizen who also represented land owners was in opposition to the proposal as recommended by Staff. After deliberation and consideration of comments from the public, the proposed text amendment was deferred to allow Staff to pr ovide the following information: a list of unpaved roads in Milton and a list of parcels and their size that have frontage on both unpaved roads and paved roads (not already in platted subdivision like White Columns). Results of the November 16, 2016 Planning Commission Meeting Staff provided the items that the Planning Commission requested from the October meeting. There was one citizen who spoke in support of the proposed text amendment regarding unpaved roads. After further discussion by the Planning Commission they recommended Approval (6-0) of the amendment to the definition section except, that within the definition of “gravel road”, to Page 2 of 3 include the list of unpaved roads as listed below. In addition, they recommended that in the definition of “unpaved road” to add “with the list of unpaved roads” and include the map cited in the definition. These changes are reflected in the attached text amendment. Discussion at the December 12, 2016 City Council Work Session Staff presented to the Council the proposed text amendment as outlined above and did not propose any further changes to it. Discussion at the December 19, 2016 City Council Meeting Since this item runs concurrent with RZ16-07, in which the Mayor and City Council recommended to defer until the January 30, 2017 Council meeting, this item will be deferred as well. Funding and Fiscal Impact: There will be no impact if this text amendment is approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (November, 2016) Concurrent Review: Community Development, Public Works Attachment(s): RZ16-08 text amendment and ordinance. Page 3 of 3 Unpaved Roads (gravel) Black Oak Road Brittle Road Burgess Drive Burgess Road Christophers Run Clarity Road Cowart Road Darby Road Day Road Holly Road King Circle Knox Hill Drive Lackey Road Land Road Landrum Road Lively Road Louis Road Nix Road Old Cogburn Road Old Dorris Road Old Henderson Road Old Holly Road Phillips Circle Rowe Road Simmons Hill Road Spring Falls Road Summit Road Sweet Apple Road Westbrook Road Wood Road 1/26/2017 RZ16-08 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017. (First Presentation on December 5, 2016, Work Session on December 12, 2016) Page 1 of 3 Gravel road means an unpaved road surfaced with gravel material and may have a paved extension that is constructed and maintained to function as an all-weather surface for vehicular and pedestrian travel and is synonymous with unpaved road. Those gravel roads include the following: Black Oak Road Brittle Road Burgess Drive Burgess Road Christophers Run Clarity Road Cowart Road Darby Road Day Road Holly Road King Circle Knox Landing – Knox Hill Drive Lackey Road Land Road Landrum Road Lively Road Louis Road Nix Road Old Cogburn Road Old Dorris Road Old Henderson Road Old Holly Road Phillips Circle Providence Way (Private) 1/26/2017 RZ16-08 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017. (First Presentation on December 5, 2016, Work Session on December 12, 2016) Page 2 of 3 Rowe Road Simmons Hill Road Spring Falls Road Summit Road Sweet Apple Road Westbrook Road Wood Road Unpaved road means a public unpaved road surfaced with gravel material and may have a paved extension that is constructed and maintained to function as an all-weather surface for vehicular and pedestrian travel and is reflected on the “Road Ownership and Surface Types” Map and list of unpaved roads and is synonymous with gravel road. Formatted: Font: Italic 1/26/2017 RZ16-08 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017. (First Presentation on December 5, 2016, Work Session on December 12, 2016) Page 3 of 3 Field Code Changed Formatted: Highlight STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-08 AN ORDIANCE TO AMEND THE DEFINTIONS REGARDING PAVED AND UNPAVED ROADS IN CHAPTER 64, ARTICLE 1, SEC. 64-1. DEFINITIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 30, 2017 at 6:00 p.m. as follows: SECTION 1. That the amendment of the definitions regarding paved and unpaved roads in Chapter 64, Article 1, Sec. 64-1. Definitions 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 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: HOMEOF'f BEST QUALITY OF LIFE IN GEORGIA.' M ` I LTO N, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ16-05 -To Create Steep Slope Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (X APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (X YES () NO CITY ATTORNEY REVIEW REQUIRED: SCJ YES () NO APPROVAL BY CITY ATTORNEY: X APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ©* YOM PHONE: 678.242.25001 FAX: 678.242.2499 infoftityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Community * Cer,ifleo City of MAO Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 26, 2017, prepared for the January 30, 2017 City Council Meeting, (First Presentation – January 9, 2017, Work Session – January 18, 2017) Re: RZ16-05 – Consideration to create steep slope standards in Chapter 64, Article XVII, Division 3. Site Improvement Standards Department Recommendation: The Community Development Department recommends deferral of the proposed text amendment to allow Staff to take this item back to Planning Commission in February for clarification regarding ridgelines. Therefore, Staff recommends to defer this item to the March 6, 2017 Council Meeting. Executive Summary: Background The purpose of this text amendment is to propose a steep slope ordinance in order to assist in preserving and protecting slopes that are 25% or greater. This would be applicable to development with 5,000 square feet or more in area. This item was presented at the October 26, 2016 Planning Commission Meeting. After deliberation and consideration of comments from the public, the proposed text amendment was deferred to allow Staff to provide the following information: 1) A streamlined version of the proposed steep slope ordinance (model ordinance); 2) The Fulton County Steep Slope Ordinance that was recently approved by the Fulton County Board of Commissioners; 3) Analysis of nearby jurisdictions’ steep slope ordinances. At the November 15, 2016 Planning Commission Meeting, the Commission asked Page 2 of 2 Staff to further streamline the model ordinance and keep the 25% steep slope threshold and present it at the December Planning Commission meeting. Results of the December 28, 2016 Planning Commission Meeting There was no one in attendance from the public to speak about this item. The Planning Commission recommended to approve the proposed text amendment as proposed by Staff, including edits by the Planning Commission. The motion passed unanimously 7-0. Staff has included a redlined version as well as an “accepted” version for easier review. The recommendations of the Planning Commission are highlighted in yellow for review. Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (January 2017) Concurrent Review: Public Works Attachment(s): RZ16-05 Text Amendment and Ordinance RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff since the PC meeting. 1/26/2017 Page 1 Chapter 64, Article XVII, Division 3. Site Improvement Standards 64-2404 – Steep Slopes a. Purpose It is the purpose of this ordinance to provide development regulations applicable to steep slopes to ensure that such development occurs in a manner that: 1. Protects the natural and topographic character of hillsides; 2. Prevents inappropriate development on steeply sloping sites and in geologically hazardous areas; 3. Protects fragile steep slopes and other environmental resources; 4. Preserves the aesthetic and scenic qualities of steep slopes; 5. Ensures the public health, safety, and general welfare. The provisions of this ordinance are intended to prevent developments that will erode steep slopes, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties or result in the severe cutting of trees or the scarring of the landscape. b. Compliance No land to which this ordinance applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this ordinance. c. Definitions Buildable area means a contiguous area, excluding septic drain fields and driveways, for the placement of a building or structure and which meets the requirements of this ordinance and zoning/land use, subdivision and land development regulations of the city. Ridgeline means the line formed by the meeting of the tops of sloping surfaces of land. Steep slope means any slope equal to or greater than 25 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. Table land means a land area having a relatively level surface considerably raised above adjoining land on at least one side. d. Applicability RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff since the PC meeting. 1/26/2017 Page 2 1. This ordinance shall apply to any development proposal for property with a natural slope of twenty-five percent (25%) or more with a minimum of 5,000 square feet or more of contiguous area, and including the crests, for purposes of calculations, contiguous areas shall include summits and ridge tops ridgelines which lie at elevations higher than any such areas even though the slopes of such crests, summits and ridge tops have a slope of less than 25 percent. For purposes of determining whether this ordinance applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. (Planning Commission Recommends this to remain.) 2. This ordinance shall apply, and the Community Development Department and the Public Works Department shall apply and enforce the provisions of this ordinance, to the earliest application for development or building approval required of the applicant, whether that is an application for a land use petition, building permit, application for preliminary plat, or application for land disturbance permit. e. Calculation of Slope 1. For the purposes of determining whether the natural slope is 25 percent or more, and hence whether this article applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. f. Dispute of Slope Calculation Whenever an applicant disputes a determination by the Public Works Director as to the slope of the property, the applicant shall be entitled to submit a determination of the slope prepared by a registered land surveyor using standard surveying practices. Submission of the slope determination by a registered land surveyor shall be determinative and binding on the Public Works Director and applicant. g. Exemptions 1. The following land uses or activities are exempt from the requirements of this ordinance: (a) Agriculture and forestry. Agriculture and forestry, provided that they are consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff since the PC meeting. 1/26/2017 Page 3 Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Georgia Department of Agriculture. (b) Landscape maintenance. Landscape maintenance activities, including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations (c) Prior development plan approval. Any land, or part of any land, which was contained in or subject to any development plan, and which was filed with the Community Development Director and approved by the City prior to the effective date of this ordinance. (d) Additions to single-family residences. On legal lots of record with existing residences that were approved prior to the effective date of this ordinance, said existing residences may be expanded without demonstrating compliance with this ordinance, provided that the height of the building addition does not exceed the existing height of the building, no land disturbance is required to accomplish the building addition in excess of 5,000 square feet in area, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this ordinance as determined by the Community Development Director. h. Grading and Land Disturbance 1. General grading provisions (a) All grading, retaining wall design, drainage and erosion control plans for development subject to this ordinance section shall be designed by a design professional of record. (b) No grading, filling, clearing or excavation of any kind in excess of 5,000 square feet in area shall be initiated on property subject to this section until a grading plan is approved and a land disturbance permit is obtained from the Community Development Director. (c) Projects subject to this section involving more than one use or phase should be phased into workable units in a way that minimizes the amount of soil disturbance at any given point in time. i. Cut slopes No cuts shall be permitted solely for the purpose of obtaining fill. unless specifically approved in the grading plan. j. Fill slopes RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff since the PC meeting. 1/26/2017 Page 4 Fill slopes should not exceed a total vertical height of twenty (20) feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. The toe of any fill slope area not utilizing an engineered retaining structure should be a minimum of six (6) feet from any property line. k. Retaining walls 1. Retaining walls and other structures that are necessary for slope stabilization may be constructed within the area required for stabilization within the development if approved by the Community Development Director with the following standards: (a) Retaining walls shall not be used to increase table land. (b) Retaining walls shall comply with Section 64-2403 of this ordinance. l. Clearing and Improvement Limits on Steep Slopes All new lots created by subdivision shall contain a building envelope with a natural slope of 25 percent or less and shall meet the lot size minimum based on slope as provided in this subsection below. Existing parcels without adequate buildable area less than or equal to 25 percent cannot be subdivided but shall be considered buildable for one unit. Subdivision of land, land disturbance, and development of lands that are subject to this ordinance shall meet the requirements shown below: Average Slope of Lot To Be Developed (%) Minimum Lot Size of Any New Lot Created (acres) Minimum Percent of Lot that Must Remain Undisturbed (%) Maximum Percent of Lot That May Be Disturbed (%) Maximum Percent of Lot That May Be Impervious Surface (%) 25-29% 1.5 50% 50% 25% 30-34% 2.0 60% 40% 20% 35-39% 2.5 70% 30% 15% 40% or more 3.0 80% 20% 10% m. Revegetation 1. Plan required. Revegetation according to a planting plan approved by the Community Development Director shall be required for all disturbed areas outside of roadways, driveways, building sites and minimal yard areas. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff since the PC meeting. 1/26/2017 Page 5 2. Installation. When revegetation is required, all required revegetation shall be installed prior to approval by the Community Development Director to occupy the activity, development or building. n. Drainage Stormwater facilities are not permitted in areas with slopes exceeding 50%. o. Roads No new street shall be constructed on lands equal to or greater than 35 percent slope; provided, however, that a portion of a street on land equal to or greater than 35 percent slope may be constructed if it does not exceed a length of 100 feet. p. Building Requirements and Guidelines 1. Building pads. Building pads on property subject to this section shall should be of minimum size to accommodate the structure and a the minimal amount of yard space required by the zoning ordinance. Building pads on property subject to this ordinance are expressly prohibited from including excessive clearing for such development as Large pads such as but not limited for the development of tennis courts, swimming pools and large lawns are prohibited. 2. Foundations. All buildings and structures on lands with slopes of 25 percent or greater shall have foundations which have been designed by a design professional of record. 3. Roofs. Buildings and structures with roofs must be designed such that the roofline of the building or structure does not project above a ridgeline more than two (2) feet. Roof forms and roof lines for new structures should be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Flat roofs are discouraged. The slope angle of roof pitch should be at or below the angle of the natural hillside slope. (Planning Commission recommends keeping this section.) q. Variance If an applicant asserts that application of this ordinance would deny the reasonable use of property, the applicant may apply for a variance. A variance is intended to provide a remedy to address those cases in which the application of this ordinance unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions. A variance to the provisions of this ordinance may be considered in accordance with Article X of Chapter 64 of the RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 1 8, 2017) Planning Commission Comments highlighted in yellow. Comments in red by City Staff since the PC meeting. 1/26/2017 Page 6 City Code. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 1 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt Chapter 64, Article XVII, Division 3. Site Improvement Standards 64-2404 – Steep Slopes a. Findings Steep slopes are inherently unstable. Changes to slopes — through undermining by humans, flowing rivers, heavy rains or the focusing of stormwater runoff by human-built channels or storm drain outlets — can cause erosion or landsliding. Soil slips, which cause avalanche-type failures and slower-moving earthflows can occur on slopes of 30-33 percent and more. Serious erosion can occur on much shallower slopes. Steep slopes are less forgiving of construction errors than are shallow slopes. When steep slopes fail, such failures can have disastrous consequences. Disturbed surfaces create loose materials which tend to move downhill. The steeper the natural slope, the greater the area is that must be disturbed. Development can result in alteration of land surfaces that can contribute to slope destabilization. Alterations that have the potential for creating unstable slopes include placing fills on top of marginally stable slopes, cutting slopes at too steep an angle or undermining the toe of a slope, redirecting storm runoff in a way that artificially concentrates flows onto portions of the landscape not prepared to receive such flows, removing woody vegetation and adding water by means of hillside septic systems. These factors work together and can cumulatively decrease the stability of slopes and eventually lead to disaster. Landslides and slope failures pose a variety of hazards to human settlements. Development of steep slopes, if unregulated, can take place at the expense of environmental concerns. Stormwater runoff from slopes is greater in both quantity and velocity than it would be from level ground. Preserving existing vegetation reduces erosion by maintaining roots which increase infiltration and bind soils. Vegetation also reduces the velocity of raindrops and slows the velocity of surface water flow by increasing the roughness of the ground. Constructing hillside roads involves cuts in the upslope side and fills on the down slope side. Such cuts and fills are often much wider than the normal city road right-of-way and can be more susceptible to failure. Land with steep slopes are unique vegetation communities and wildlife habitats. Steep slopes in developing areas are often the last remaining natural areas and are the final refuges for many animal species. Development needs to be sensitive to the hillside’s function of providing biodiversity. Steep slopes have general aesthetic value to the community and contribute to the community’s sense of identity. Prominent peaks and ridges can have significance as identifiable landmarks to area residents. Development of steep slopes, if unregulated, can take place at the expense of aesthetic concerns. Hills are highly visible from surrounding areas. Vegetation clearance and landform grading practices, if unregulated, can upset the natural shape of hills. The bulk, shape, height and color of buildings can contrast with the natural landscape if unregulated and thus intrude on RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 2 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt the natural character of the landform. Regulations are needed to ensure that buildings and structures blend in with the natural environment through their shape, materials and colors. ba. Purpose It is the purpose of this ordinance to provide development regulations applicable to hillsides and ridgelinessteep slopes to ensure that such development occurs in a manner that: 1. Protects the natural and topographic character of hillsides; 2. Prevents inappropriate development on hillsides, steeply sloping sites and in geologically hazardous areas; 3. Protects fragile steep slopes and other environmental resources; 4. Preserves the aesthetic and scenic qualities of hillsides and steep slopes; 5. Ensures the public health, safety, and general welfare. The provisions of this ordinance are intended to prevent developments that will erode hillsidessteep slopes, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties or result in the severe cutting of trees or the scarring of the landscape. b. Compliance No land to which this ordinance applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this ordinance. It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the community. These purposes cannot be met fully with existing development codes, such as soil erosion, grading, tree protection and flood damage prevention. This ordinance is considered the minimum necessary to attain these purposes. These regulations are also intended to encourage the application of principles of civic design, landscape architecture, architecture, planning and civil engineering to preserve the appearance and protect the resources of hillside areas and ridgelines. Guidelines are also provided to encourage imaginative and innovative building techniques and to encourage building designs compatible with natural hillside surroundings. c. Definitions Buildable area means a contiguous area, excluding septic drain fields and driveways, for the placement of a building or structure and which meets the requirements of this RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 3 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt ordinance and zoning/land use, subdivision and land development regulations of the localitycity. Landslide means an abrupt downslope movement of a mass of soil or rock. Liquefaction means a process in which soil loses strength and behaves like a liquid. Quadrangle map means a 1:24,000, 7.5 minute topographic map published by the United States Geological Survey. Slope means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. In these regulations, slopes are generally expressed as a percentage; percentage of slope refers to a given rise in elevation over a given run in distance. A fifty (50) percent slope, for example, refers to a 100-foot rise in elevation over a distance of 200 feet. A fifty (50) percent slope is expressed in engineering terms as a 2:1 slope. Ridgeline means the line formed by the meeting of the tops of sloping surfaces of land. Steep slope means any slope equal to or greater than 25 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. SLOPE Table land means a land area having a relatively level surface considerably raised above adjoining land on at least one side. d. Applicability 1. This ordinance shall apply to any development proposal for property with a natural slope of twenty-five percent (25%) or more with a minimum of Formatted: Font: Italic, Highlight Formatted: Highlight Formatted: Font: Italic RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 4 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 5,000 square feet or more of contiguous area, and including the crests, for purposes of calculations, contiguous area shall include summits, and ridge tops ridgelines which lie at elevations higher than any such areas even though the slopes of such crests, summits and ridgelines ridge tops have a slope of less than 25 percent. For purposes of determining whether this ordinance applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. Planning Commission Recommends this to remain. 2. This ordinance shall apply, and the Community Development Department and the Public Works Department shall apply and enforce the provisions of this ordinance, to the earliest application for development or building approval required of the applicant, whether that is an application for a land use petition, building permit, application for preliminary plat, or application for land disturbance permit. e. Calculation of Slope 1. For the purposes of determining whether the natural slope is 25 percent or more, and hence whether this article applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area showing slopes of 25% or more, or, if available, a topographic survey of the subject property. f. Dispute of Slope Calculation 1. Whenever an applicant disputes a determination by the Community DevelopmentPublic Works Director as to the slope of the property, the applicant shall be entitled to submit a determination of the slope prepared by a registered land surveyor using standard surveying practices. Submission of the slope determination by a registered land surveyor shall be determinative and binding on the Public Works Director and applicant. g. Exemptions 1. The following land uses or activities are exempt from the requirements of this ordinance: (a) Agriculture and forestry. Agriculture and forestry, provided that they are consistent with the best management practices established by the Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0.34", Hanging: 0.66" Formatted: Indent: Left: 0", First line: 0" Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 0.25", Hanging: 0.25" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 5 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Georgia Department of Agriculture. (a) (b) Mining. Mining activity existing on the effective date of this ordinance, if such activity has been lawfully permitted by the Georgia Department of Natural Resources. (b) Landscape maintenance. Landscape maintenance activities, including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations (c) of this ordinance. (d)(c) Prior development plan approval. Any land, or part of any land, which was contained in or subject to any development plan, and which was filed with the Community Development Director and approved by the City prior to the effective date of this ordinance. (e)(d) Additions to single-family residences. On legal lots of record with existing residences that were approved prior to the effective date of this ordinance, said existing residences may be expanded without demonstrating compliance with this ordinance, provided that the height of the building addition does not exceed the existing height of the building, no land disturbance is required to accomplish the building addition in excess of 5,000 square feet in area, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this ordinance as determined by the Community Development Director. h. General Provisions 1. Compliance. No land to which this ordinance applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this ordinance. 2. Regulations versus guidelines. This ordinance provides both regulations and guidelines. Regulations are identified by use of the term “shall” and compliance is mandatory. Guidelines are identified by use of the term “should” and compliance is not mandatory but is strongly recommended. Substantial inconsistencies with one or more guidelines in a manner that is clearly counter to the purposes of this ordinance may provide the basis for denial of a development by the Community Development Director. Formatted: Not Highlight Formatted: No bullets or numbering Formatted: Not Highlight Formatted: No bullets or numbering RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 6 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 3. Topographic data. Where the Community Development Director does not have reliable data on existing topography, or when a quadrangle map of the U.S. Geological Survey or other topographic maps which may be available does not provide sufficient detail to administer the requirements of this ordinance, the Community Development Director may require, and the development applicant shall provide, a topographic survey of the property proposed to be developed. Said topographic survey, if required, may exclude areas not proposed for development. The topographic survey shall provide contour intervals of no more than five (5) feet unless otherwise approved by the Community Development Director. i. General Development Requirements 1. All development proposals subject to the requirements of this ordinance shall be designed to meet generally accepted principles of land use planning, soil mechanics, engineering geology, civil engineering, environmental management, architecture, landscape architecture, landscape ecology and related disciplines. Planning of the development shall take into account the topography, soils, geology, hydrology, vegetation and other features of the proposed site. 2. Areas not well suited for development due to soil characteristics, geology, vegetation, existing plant and animal life or hydrology limitations, should not be developed. 3. Site designers are encouraged to propose and apply innovative concepts for slope and soil stabilization, grading, landscaping and building placement and design to meet the purposes and objectives of this ordinance. jh. Grading and Land Disturbance 1. General grading provisions (a) All grading, retaining wall design, drainage and erosion control plans for development subject to this ordinance section shall be designed by a civil engineerregistered professionaldesign professional of record. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 7 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt (a) In cases where geologically hazardous areas exist, such plans shall be prepared by a qualified professional. (b) No grading, filling, clearing or excavation of any kind in excess of fifty (50) cubic yards of 5,000 square feet in area shall be initiated on property subject to this section until a grading plan is approved and a land disturbance permit is obtained from the Community Development Director. (c) Borrowing for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan or imported from outside the hillside area. (d) Any approved cut or fill slopes shall be no steeper than two (2) horizontal to one (1) vertical unless it can be shown by the project engineer that steeper slopes are feasible and such showing is accepted by the Community Development Director. (e) Development on the site should be located, designed and oriented so that grading and other site preparation are kept to the minimum needed to serve the intended building or use. (f) When grading must occur, it should blend with the natural landform as much as possible. Grading to form level pads and building sites is strongly discouraged and when required such grading should be minimized. Formatted: Indent: Left: 1", No bullets or numbering Formatted: Highlight Formatted: Highlight RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 8 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt (g)(c) Projects subject to this section involving more than one use or phase should be phased into workable units in a way that minimizes the amount of soil disturbance at any given point in time. ik. Cut slopes . 1. No cuts shall be permitted solely for the purpose of obtaining fill., unless specifically approved in the grading plan. 2. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Steep-cut slopes shall be retained with stacked rock, engineered retaining walls or a functional equivalent, to control erosion and stabilize the slope. 3. Cut faces on a terraced section should not exceed a maximum height of five (5) feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. 4. Terrace widths should be a minimum of three (3) feet to allow for the introduction of vegetation for erosion control. The total height of a cut slope should not exceed fifteen (15) feet. Formatted: Left, Indent: Left: 0" Formatted: No bullets or numbering Formatted: No bullets or numbering Formatted: Highlight RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 9 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt jl. Fill slopes 1. Fill slopes should not exceed a total vertical height of twenty (20) feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. The toe of any fill slope area not utilizing an engineered retaining structure should be a minimum of six (6) feet from any property line. km. Retaining walls 1. Retaining walls and other structures that are necessary for slope stabilization may be constructed within the area required for stabilization within the development if approved by the Community Development Director with the following standards: (a) Retaining walls shall not be used to increase table land. (b) Retaining walls shall not be used to create a shelf or other table area within the steep slope. (c) Backfilling of a retaining wall is allowed only as necessary for slope stabilization. (db) Retaining walls shall comply with Section 64-2403 of this ordinance. ln. Clearing and Improvement Limits on Steep Slopes All new lots created by subdivision shall contain a building envelope with a natural slope of 35 25 percent or less and shall meet the lot size minimum based on slope as Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0.5" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 10 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt provided in this subsection below. Existing parcels without adequate buildable area less than or equal to 35 25 percent cannot be subdivided but shall be considered buildable for one unit. Subdivision of land, land disturbance, and development of lands that are subject to this ordinance shall meet the requirements shown below: Average Slope of Lot To Be Developed (%) Minimum Lot Size of Any New Lot Created (acres) Minimum Percent of Lot that Must Remain Undisturbed (%) Maximum Percent of Lot That May Be Disturbed (%) Maximum Percent of Lot That May Be Impervious Surface (%) 25-29% 1.5 50% 50% 25% 30-34% 2.0 60% 40% 20% 35-39% 2.5 70% 30% 15% 40% or more 3.0 80% 20% 10% o. Trees 1. Removal. Existing deep-rooted vegetation, including trees, bushes and ground covers, should be removed only in cases where necessary for buildings, roads, driveways, parking and minimum required yards. View corridors from the proposed development to surrounding areas may be provided, but the thinning of limbs of individual trees is preferred over tree removal as a means to provide a view corridor. 2. Tree protection areas. All areas required by this ordinance to be maintained in their natural state shall be designated as tree protection areas on the site plan. Development shall avoid disturbing designated tree protection areas. Construction site activities, including material storage, shall be located and arranged so as to prevent disturbances of designated tree protection areas. 3. Tree replacement. No trees, other than those located within a building envelope, within a proposed street, driveway or parking area, or within a utility easement, shall be removed except by permit issued by the City Arborist. A replacement plan for such trees shall be required to be approved by the City Arborist. 4. Tree survey required. When grading or land disturbance is proposed to occur outside of roadways, utility areas, building pads and minimum required yard areas, a tree survey at the same scale as the project site plan shall be required. Portions of the lot or project area not proposed to be disturbed by development shall not be required to be included in the tree survey. All tree surveys required by this subsection shall show all trees greater than six (6) inches diameter at breast height (dbh), along with their dbh and species. Groups of trees in close proximity (i.e., those within five feet of each other) may be designated and shown as a stand of trees, provided that the predominant species, estimated number and average diameter of trees are indicated on the tree survey. The tree survey shall RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 11 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt include the name, address and signature of the professional conducting the tree survey. mp. Revegetation 1. Plan required. Revegetation according to a planting plan approved by the Community Development Director shall be required for all disturbed areas outside of roadways, driveways, building sites and minimal yard areas. 2. Species selection. Vegetation used to revegetate disturbed areas shall be native species or species similar in resource value as the vegetation removed. Vegetation shall be chosen after consideration of its ability to survive the conditions of soils, climate, temperature, elevation and other natural conditions. Use plant materials that blend with the ridgeline or hillside. Landscape schemes that are rough, natural and/or subdued in character are encouraged. Use of exotic plants and sod are strongly discouraged. 3. Slope stability. When revegetation is required, it should be installed to assist in providing long-term slope stabilization and help reduce the visual impact of any cut slopes. 4.2. Installation. When revegetation is required, all required revegetation shall be installed prior to approval by the Community Development Director to occupy the activity, development or building. nq. Drainage Formatted: Indent: Left: 0" Formatted: Not Highlight Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0" Formatted: No bullets or numbering RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 12 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 1. Stormwater management facilities shall be provided for all developments subject to this ordinance. Storm drain systems shall be designed to capture stormwater from streets, driveways, parking areas, building roofs and other impervious surfaces. Unless otherwise required by the Community Development Director, the drainage for the site shall be directed to flow to streets or other approved collector systems. 2. The overall drainage system shall be completed and made operational at the earliest possible time during construction. 3. Stormwater facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. When this is not possible, interceptor ditches shall be installed above all cut/fill slopes and the intercepted water conveyed to a stable channel or natural drainage way with adequate capacity. Alternatively, berms at the top of slopes may be used to screen developments, vary the profile and ensure drainage will be directed away from slopes. 4. Existing natural drainage systems should be utilized, as much as possible, in their natural state. Alterations of major natural drainageways shall be prohibited except for approved road crossings and drainage structures. Natural drainageways shall be riprapped or otherwise stabilized below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion. Flow-retarding devices and detention ponds shall be used where required to minimize increases in runoff volume and peak flow rate due to development.Stormwater facilities are not permitted in areas with slopes exceeding 50%. 5. or. Roads , Driveways and Parking Areas 1. No new street shall be constructed on lands equal to or greater than 35 percent slope; provided, however, that a portion of a street on land equal to or greater than 35 percent slope may be constructed if it does not exceed a length of 100 feet. 2. Streets, driveways, buildings, utilities, parking areas and other site disturbances shall be located such that the maximum number of existing trees on the site is preserved. 3. Roads, driveways and parking areas shall be designed to create the minimum feasible amounts of land coverage and the minimum feasible disturbance of the soil. Variations in road design and road construction specified by the City [city] in its subdivision and land development regulations shall be permitted, as may be approved by the Community Development Director, to prevent the dedication of unnecessarily large amounts of land. 4. Road alignments should follow the natural terrain unless the project engineer can justify additional cuts or fills. Roads, walkways and parking areas should be designed to parallel the natural contours of the site. Formatted: No bullets or numbering Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: No bullets or numbering Formatted: No bullets or numbering Formatted: Not Highlight Formatted: Indent: Left: 0.75", No bullets or numbering RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 13 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 5. One-way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized. For instance, a two-way street may have the directions of flow split into one-way pairs that differ in elevation, circumnavigate difficult terrain or avoid tree clearance. 6. Combinations of collective private driveways, shared parking areas and on- street parallel parking bays should be used where possible to minimize land and soil disturbance, minimize impervious surface coverage and achieve excellence of design and aesthetic sensitivity. sp. Building Requirements and Guidelines 1. Building pads. Building pads on property subject to this section should shall be of minimum size to accommodate the structure and athe minimal amount of yard space required by the zoning ordinance. Building pads on property subject to this ordinance expressly prohibited from including excessive clearing for such development as Pads for tennis courts, swimming pools and large lawns are discouraged prohibited. Building envelopes should be located and sized to preserve the maximum number of trees on site. Building pads should be varied in elevation above street level to avoid the appearance of monotonous, flat, level pads. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Highlight Formatted: Highlight Formatted: Left, Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5", Right: 0" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 14 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 2. Foundations. All buildings and structures on lands with slopes of 25 percent or greater shall have foundations which have been designed by a civil engineer or other qualified professionaldesign professional of record.. Large building pads and footings should be split into more than one (i.e., split-level homes that step down the hillside), where possible, to allow the building pad and structure to more closely follow the existing slope of the land. Building footprint coverage should be minimized where possible by using multiple-level (two or more story) buildings. Residence that “Steps Down” the Hillside Reproduced with permission from Donald Brandes and Michael Luzier. Developing Difficult Sites: Solutions for Developers and Builders, p. 48. © 1991 by BuilderBooks, National Association of Home Buil ders, Washington DC. Please visit www.builderbooks.com for books, booklets, brochures and other products of interest to the building industry. 3. Roofs. Buildings and structures with roofs must be designed such that the roofline of the building or structure does not project above a ridgeline more than two (2) feet. Roof forms and roof lines for new structures should be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Flat roofs are discouraged. The slope angle of roof pitch should be at or below the angle of the natural hillside slope. Planning Commission recommends keeping this section. Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Left, Indent: Left: 0.5", Hanging: 0.5", Line spacing: single Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5", Right: 0" Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough Formatted: Highlight RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 15 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 4. Height. The height of all buildings and structures shall not exceed the zoning district height or Rural Milton Overlay height, which ever applies, measured vertically from the highest point of the natural grade. 5. Setbacks. When appropriate, buildings and structures should be located as close to the street as possible to preserve the natural terrain and to minimize disturbance and the length of driveways. 6. Mass. The visible mass of larger buildings and structures should be reduced by utilizing below-grade rooms cut into the natural slope. 7. Location. Buildings and structures should be clustered where possible to reduce disturbance and removal of vegetation. 8. Designs that reduce clearing and impervious surfaces. Wooden deck areas either on the roof of a garage, or roof of the house, or extending from the house or garage, may be used to reduce the amount of grading and need for yard areas and provide private outdoor spaces. Wooden decks that allow infiltration of stormwater into the ground may be used instead of concrete slabs for patios and, in some cases if structurally sufficient, parking, in order to reduce the amount of impervious surface. 9. Architectural requirements. An elevation drawing of all principal buildings shall be submitted to the City Architect for review and approval. The architectural drawing shall provide sufficient detail to show the proposed building materials, colors of exterior materials, and roof pitch. Exterior windows, trim, and other exterior building materials shall be non-reflective. 10. Partial screening. A portion of natural on-site vegetation shall be retained sufficient to partially screen (along fifty percent of the building face, or that achieves fifty percent opacity or more along the building face) the building, structure, use, or activity from views from public roads not serving the building, or landscaping shall be installed and designed to partially screen the building, structure, use, or activity from views from public roads, or other measures shall be included in the project and approved by the Community Development Director to reduce the visual impacts of such development from views from public roads. Formatted: Indent: Left: 0.5", Hanging: 0.5" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/26/20171/18/20171/4/2017 Page 16 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt qt. Variance. If an applicant asserts that application of this ordinance would deny the reasonabl e use of property, the applicant may apply for a variance. A variance is intended to provide a remedy to address those cases in which the application of this ordinance unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions. A variance to the provisions of this ordinance may be considered in accordance with Article X of Chapter 64 of the City Code. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-05 AN ORDINANCE TO CREATE STEEP SLOPE STANDARDS IN CHAPTER 64, ARTICLE XVII, DIVISION 3, SITE IMPROVEMENT STANDARDS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 30, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the Site Improvement Standards, Article XVII, Division 3 of the City of Milton Zoning Ordinance to create Steep Slope Standards 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 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF `TI LTON HE BEST G?UAL'TY OF LIFE IN GEORC:' •' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 23, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of RZ16-10 - To Amend the Rural Milton Overlay Single Family Uses, Height - Section 64-1141 (c). MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.1YES CITY ATTORNEY REVIEW REQUIRED: (.�4ES APPROVAL BY CITY ATTORNEY. (.�IAPPROVED PLACED ON AGENDA FOR: 0rl3b i to l REMARKS: () NOT APPROVED (J NO (J NO (J NOT APPROVED In y You( PHONE: 678.242.25001 FAX: 678.242.2499 CoGreene cett�a"y°�' „ ���,��Ff info@cityofmlltonga.us 1 www.cityofmiltonga.us ® mmunit c0i ,;`hies ` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 4, 2017, prepared for the January 30, 2017 City Council Meeting, (First Presentation – January 9, 2017, Work Session – January 18, 2017) Re: RZ16-10 – Consideration to amend the Rural Milton Overlay, Single Family Uses, Height – Sec. 64-1141(c). ______________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The City Council approved a retaining wall ordinance on November 21, 2016 within the Zoning Ordinance (Sec. 64-2403) limiting the height of retaining walls, including those attached to single family homes. There is now a potential for new homes to exceed the building height to compensate for the required maximum six foot high retaining walls. Therefore, Staff has proposed an amendment to the required height for single family uses within the Rural Milton Overlay to limit the amount of height credit that would apply to steep slope applications, depending on each individual lot. Staff has included a series of graphics to illustrate possible building height scenarios and how the height credit is applied. Results of the December 28, 2016 Planning Commission Meeting There was no one in attendance from the public to speak about this item. The Planning Commission recommended to approve the proposed text amendment as proposed by Staff unanimously 7-0. Discussion at the January 18, 2017 Council Work Session Council was in support of the proposed changes by Staff. Page 2 of 2 Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (January 2017) Concurrent Review: Public Works Attachment(s): Graphics to explain height credit and possible height scenarios, RZ16-10 text amendment and ordinance. RZ16-10 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 18, 2017) 1/26/20171/24/2017 Page 1 Formatted: Centered Sec. 64-1141. - Single-family type uses. (a) Landscaping. (1) Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. (2) No removal of protected trees (chapter 60, article II) is permitted on t he site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapt er 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be required unless allowed by the director of public works . (4) All detention facilities shall have a minimum ten -foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuou s area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. (c) Height. (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (2) Notwithstanding the height limit in subparagraph (1) above, the maximum height may be increased in an amount based on the calculations shown as examples in Table 1; however, in no event shall the height be increased more than eight feet (8’) pursuant to this subsection (2). Table 1 – Examples of Increased Height. Building Type Drop in Grade (Feet) Credit (Feet) Maximum Wall Height (Grade to Soffit in Feet) Slab House 0’ 0’ 28’ Basement House: 50% Exposed 10’ 5’ 28’ + 5’ = 33’ Basement House: 25% Exposed 10’ 7.5’ 28’ + 7.5” = 35.5’ Basement House: 50% Exposed 15’ 7.5’ 28’ + 7.5’ = 35.5’ (d) Lot coverage. (1) Lot coverage for each individual lot zoned AG -1, R-1, R-2 and CUP shall not exceed: a. 25 percent for lots that front on private streets; and b. 20 percent for lots that front on public streets. RZ16-10 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 18, 2017) 1/26/20171/24/2017 Page 2 Formatted: Centered (2) Lots that are both (a) located within the Birmingham Crossroads Overlay District and (b) not zoned AG-1 are exempt from the lot coverage requirements of subsection (d)(1) above. (e) Prohibited building components. (1) The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. (f) Retaining walls. (1) Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 -degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens or as approved by the city arborist. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-10 AN ORDINANCE TO AMEND THE RURAL MILTON OVERLAY, SINGLE FAMILY TYPE USES, HEIGHT (SECTION 64-1141(c)) 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 January 30, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1141(c) 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 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ` MI-LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ16-11 -To Amend the Crabapple Form Based Code as it Relates to Building Units Allowed for Parking Structures - Article XIX of the Zoning Ordinance. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,eAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (vVYES CITY ATTORNEY REVIEW REQUIRED: (1YES APPROVAL BY CITY ATTORNEY: (�XPPROVED PLACED ON AGENDA FOR: of/ X01loll REMARKS: (J NOT APPROVED (J NO (J NO (J NOT APPROVED © it Youln*** PHONE: 678.242.25001 FAX: 678.242.2499 1 1 4 * * Cettieel , info@eityofmiltonga.us I www.cityofmiltonga.us �� �® Community $� Echi. f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """"" ,''0,40, Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 4, 2017, prepared for the January 30, 2017 City Council Meeting, (First Presentation – January 9, 2017, Work Session – January 18, 2017) Re: RZ16-11 – Consideration to amend the Crabapple Form Based Code as it relates to Building Units allowed for Parking Structures. – Article XIX of the Zoning Ordinance. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background Within the Crabapple Form Based Code, when a parking structure is constructed the ordinance allows for a density bonus of two building units per one parking space created within a parking structure. One building unit equals either: one residential unit (no matter what the size) or 2,250 square feet of non- residential space. As the ordinance reads currently, there is no maximum cap on the number of density bonus units one can utilize. Staff has encountered developers wanting to take advantage of this “loophole”. In order to eliminate unappealing high density development that does not meet the vision for the Crabapple area, staff has proposed: a density cap that is the same as the density cap indicated for Transfer of Development Rights (TDR) as shown on Table 10 of the Crabapple Form Based Code. For instance, in the T-5 zone, the allowed density is 9 units per acre and the density allowed with the use of TDR credits is 14 units per acre. Should this text amendment be approved, density bonuses when a parking structure is included will be capped at 14 units per acre as well. Results of the December 28, 2016 Planning Commission Meeting There was no one in attendance from the public to speak about this item. Page 2 of 2 The Planning Commission recommended to approve the proposed text amendment as proposed by Staff unanimously 7-0. Discussion at the January 18, 2017 Council Work Session Council was in support of the proposed changes by Staff. Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (January 2017) Concurrent Review: None Attachment(s): Crabapple Form Based Code Table 10, RZ16-11 text amendment and ordinance. RZ16-11 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 18, 2017) 1/26/20171/24/2017 Page 1 Formatted: Centered 1.6 - DENSITY CALCULATIONS 1.6.1 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10 section a. 1.6.2 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Th oroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.3 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.2 is not exceeded. 1.6.4 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.5 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.4. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Densi ty calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space, but not to exceed the Base Density specified as being allowed “By TDR” for each zone in Table 10 that meets one of the following conditions: a. Is located within a Parking Structur e having two or more above-ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight-line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Un it bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-11 AN ORDINANCE TO AMEND THE CRABAPPLE FORM BASED CODE AS IT RELATES TO BUILDING UNITS ALLOWED FOR PARKING STRUCTURES – ARTICLE XIX 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 January 30, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX as it relates to Building Units Allowed for Parking Structures 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 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: HOME OF' HE BEST QUALITY OF LIFE IN GEORG!A I LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration of U16-01/VC16-03 - 2785 Francis Road by Chrysalis Experimental Academy to Consider a Use Permit for a Private School (Section 64-1831) with a Maximum of 25 Students within the Existing Structure and a Concurrent Variance to Reduce the Undisturbed Buffer [64-1143(a) (3) (b)]. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED CITY ATTORNEY APPROVAL REQUIRED: k.,j ES CITY ATTORNEY REVIEW REQUIRED: (IES APPROVAL BY CITY ATTORNEY. (,1XPPROVED PLACED ON AGENDA FOR: or j 5q ta11 REMARKS: ©You PHONE: 678.242.25001 FAX: 678.242.2499 infoftityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED () NO (J NO () NOT APPROVED Greene w Community *Certified * Top io.T ` City of ' 3����tBG10f 0 U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 1 of 19 1/5/2017 PETITION NUMBERS U16-01/VC16-03 ADDRESS 2785 Francis Road DISTRICT, LAND LOT 2/2, 680, 617 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMITS Private School (Sec. 64-1831) ACRES 10.21 EXISTING USE Single Family Residence and Detached Garage PROPOSED USE Private School for a maximum of 25 students OWNER Neil Bates ADDRESS 20 Lambets Way Alpharetta, GA 30005 APPLICANT Chrysalis Experimental Academy, Roy Alexander ADDRESS 10 Mansell Court E Suite 500 Roswell, GA 30076 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – DECEMBER 28, 2016 U16-01 – APPROVAL CONDITIONAL VC16-03 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION- DECEMBER 28, 2016 U16-01 – WITHDRAWAL – 7-0 VC16-03 – WITHDRAWAL – 7-0 The applicant requested to withdraw based on the large amount of opposition from adjacent and nearby property owners. Use Permit for a Private School (Sec. 64-1831) with a maximum of 25 students within the existing structure at 2785 Francis Road and a Concurrent Variance (64-1143 (a)(3)(b.) U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 2 of 19 1/5/2017 U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 3 of 19 1/5/2017 LOCATION MAP U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 4 of 19 1/5/2017 EXISTING ZONING MAP U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 5 of 19 1/5/2017 2030 FUTURE LAND USE MAP U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 6 of 19 1/5/2017 Front entrance of site (western portion) Front of site (eastern portion) U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 7 of 19 1/5/2017 Entrance of Roxbury Estates (to the north) U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 8 of 19 1/5/2017 SITE PLAN SUBMITTED – OCTOBER 28, 2016 U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 9 of 19 1/5/2017 REVISED SITE PLAN SUBMITTED – DECEMBER 16, 2016 U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 10 of 19 1/5/2017 SURVEY U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 11 of 19 1/5/2017 SUBJECT SITE AND BACKGROUND: The subject site is zoned AG-1 (Agricultural) and developed with a single family residence and detached garage on 10.21 acres. The applicant is requesting to operate a private school with a maximum of 25 students, grades 5 through 12, utilizing the existing two story garage for five classrooms. There will be a total of six staff persons, and there will be no recreational fields proposed on the site. In addition, the headmaster will reside on the premises in the existing single family home as well as use it as administrative space for the school. The school proposes to operate between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. Lastly, the school will utilize individual on-site septic system to be approved by the Fulton County Health Department. SITE PLAN ANALYSIS Based on the applicant’s revised site plan to the Community Development Department on December 13, 2016, Staff offers the following considerations: Private School (Section 64-1831) Required Standard Meets the Standard (a) Required districts. All. Yes (b) Standards. 1. Minimum lot area shall be one acre. Yes If 2. If located within a form based code overlay, adjacent to a single- family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in article III of this zoning ordinance shall be required. (Staff notes that Sec. 64-1143(a.)3, Rural Milton Overlay District requires a larger undisturbed buffer, and per the Zoning Ordinance shall supersede this requirement.) No, See VC16-03 discussed under the Rural Milton Overlay 3. Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG-1 district used for single-family dwellings. Yes 4. Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit. Yes, There are none proposed for this site. 5. Day care facilities in association with the school do not require a separate use permit. Yes, Applicant is not requesting a day care facility. 6. Parking areas shall not be located within 50 feet of any residential district or AG-1 district used for single-family dwellings. Yes 7. Student dropoff and vehicular turnaround facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. Yes 8. Permitted curb cut access shall not be from a local street. Yes U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 12 of 19 1/5/2017 9. In accordance with section 64-2131, submit a noise study report as required. (not required for this location) Not Applicable Discussion of Use Permit Standards The applicant meets the standards for the private school with the exception of the 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the west property line where the parking lot encroaches. This issue will be discussed below in the Rural Milton Overlay requirements. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1143 except for the following requested concurrent variance. VC16-03 – 64-1143(a)(3)b. The applicant is requesting a concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to allow the existing pavement to encroach into the buffer and improvement setback for approximately 160 feet adjacent to the west property line. The applicant’s original site plan indicated all 12 parking spaces within the buffer but after discussions with the Design Review Board, 11 spaces are now located outside the buffer but a portion of the pavement remains. The applicant is working with the City Arborist and Transportation Engineer to minimize the encroachment of the driveway and existing asphalt. Staff notes that the 75 foot undisturbed buffer, where sparsely vegetated will need to be planted as required by the City Arborist. Based on the fact that the encroachment has been minimized and there is approximately between 30 and 50 feet of vegetation along the west property line the concurrent variance meets the following considerations: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC15-03. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 13 of 19 1/5/2017 Staff notes that although the existing house along the east property line encroaches into the buffer and improvement setback, pursuant to Sec. 64- 237(h), when minimum landscape areas or zoning buffers for uses in existing structures do not meet the requirements herein, conditions of zoning shall apply. Therefore, Staff will include a condition in the Recommended Conditions to allow the existing house to encroach into the buffer and improvement setback. City Arborist The proposed use within the existing structures will not have any impact on the existing trees on the site with exception to the elimination of one specimen dogwood tree in order to align the driveway with Roxbury Estates. Fire Marshal Existing buildings will be required to meet the appropriate fire and accessibility codes for the proposed use. Transportation Existing driveway has been adjusted to align with Roxbury Row per the site plan. Average Daily Traffic volumes for 2016 on Francis Rd is 6472 vehicles per day. Intersection sight distance looking both east and west is over 500 feet per the site plan. Trip generation and distribution ITE Trip Generations Private School (K- 12) Daily AM In AM Out PM In PM Out 25 Students 62 12 8 2 2 Proposed distribution percentages are assumed to be 50% to/from east and 50% to/from west. The school may present actual attendance/carpool/driving information. There are assumed to be no students within walking distance to the school. The school is assumed to be dismissed prior to the roadway system PM peak hour. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 14 of 19 1/5/2017 Francis Rd EB Roxbury Row Francis Rd WB PM 2 1 AM 3 2 3 1 1 3 328 194 352 238 1 6 6 1 4 4 1 1 Chrysalis Turn lanes are not warranted based on City of Milton Code of Ordinances Chapter 48 Driveway lane configuration, throat length and channelization are shown on the site plan. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are no wetlands, floodplain, steep slopes or archeological/historical sites. There is a small pond on the site. There is no endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. Public Involvement Community Zoning Information Meeting On November 15, 2016 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 20 members of the community in attendance at the meeting. The following issues were brought up at the meeting: Did not want a school in the middle of a residential area. Concerned with increased traffic because of the school and difficulty getting out of Roxbury Subdivision on the north side of Francis Road. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 15 of 19 1/5/2017 Concerned about the days and hours of operation. City of Milton Design Review Board Meeting Courtesy Review – December 6, 2016 The following comments were made at the meeting: Some members not in support of the school next to a residential use. The 75 foot buffer is there for a reason. Work with Staff so that there is no reason for a variance. The impact of the school should be minimal . A school is a good use; can be a good neighbor. Mitigate the issues that the community may have against it. Center the driveway with Roxbury. Remove the parking in the buffer and replant. Public Participation Plan and Report The applicant held the Public Participation Meeting on December 20, 2016 at the school’s Roswell location. There were two citizens in attendance. They were concerned with increased traffic on Francis Road and that Francis Road should remain strictly residential. Lastly they were concerned for the future use and growth of the school. The applicant also had met with the Clearbrooke Subdivision on October 29, 2016 at the subdivision. There were nine residents of the subdivision in attendance and they indicated support of the school. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton Comprehensive Plan Update 2016 Plan Map. The proposed use of a private school is categorized as a Community Facility. A Community Facility is compatible with the AG-1 (Agricultural) district within the plan. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 16 of 19 1/5/2017 In addition, the site is located within the “Central Milton” character area. In the Plan, it states the following; “In addition, many of the roads provide scenic and linear green space corridors such as Birmingham Highway, Freemanville Road, Thompson Road and Hopewell Road. Most of these scenic corridors include rural home sites, horse farms, wetland crossings and access to country clubs, equestrian facilities and more open space.” It is Staff’s opinion that the proposed school, with the limited use and no additional structures on the 10.2 acre site is consistent with preserving the scenic corridor within the character area. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is located on the north side of Francis Road. To the north is Roxbury Subdivision zoned AG-1 (Agricultural). Further to the northeast and east are scattered single family residences on varying lot sizes zoned AG-1 (Agricultural) and Shadowood Farms Subdivision zoned AG-1 (Agricultural). To the south and west is Clearbrooke subdivision zoned AG- 1 (Agricultural). It is Staff’s opinion that the proposed private school is compatible with adjacent and nearby properties and consistent with land use plans adopted by the Mayor and City Council. Therefore, Staff recommends APPROVAL CONDITIONAL of U16-01. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Based on the daily trips produced by the proposed use for 25 students, the effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be mitigated with the recommended location of the entrance on the site. 4. The location and number of off-street parking spaces; The private school requires two parking spaces per classroom. There will be five classrooms which require a total of ten parking spaces. The site plan indicates 11 parking spaces which meet the required ten parking spaces. The location of the parking spaces are outside the required 50 foot setback per the Use Permit as well as outside of the 75 undisturbed buffer and 10 foot improvement setback. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 17 of 19 1/5/2017 5. The amount and location of open space: The site is 10.2 acres in size. The applicant will not be constructing any more structures but utilizing the existing garage and house (for administrative offices). The proposed site provides adequate open space. In addition, except for one specimen dogwood tree at the entrance, no other trees will be impacted by the use. 6. Protective screening: The Rural Milton Overlay requires a larger buffer than the Use Permits for the private school. Therefore, a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to all interior property lines are required. The applicant’s parking is located outside of this buffer and improvement setback but there is a portion of the entrance driveway that encroaches into the buffer. 7. Hours and manner of operation: School: Monday –Friday 8:00 am – 3:00 pm It is Staff’s opinion that the above mentioned hours of operation are reasonable for the proposed uses. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The location of the entrance is located across from Roxbury Estates Subdivision. The number of trips produced by the private school does not warrant a deceleration or left turn lane at this time. Based on the size of the school and assumption that there will be no students walking to school, a sidewalk is not required. CONCLUSION If approved with the Recommended Conditions, the proposed private school for 25 students is consistent with the City of Milton Comprehensive Land Use Plan Update 2016. Therefore, Staff recommends U16-01 be APPROVED CONDITIONAL. Additionally, Staff recommends VC16-03 be APPROVED CONDITIONAL. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 18 of 19 1/5/2017 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for A Private School (Sec. 64-1831) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An existing 2,300 square foot two story garage (classrooms) and an existing 2,864 square foot single family residence (Residence and administrative office)(U16-01) b) A maximum of 25 students. b) The hours of operation shall be the following: Monday –Friday 8:00 am – 3:30 pm 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 16, 2016. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow the existing driveway/parking area to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line as shown on the revised site plan received by the City of Milton on December 16, 2016. (VC16-03) b) To allow the existing single family residence to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the east property line as shown on the revised site plan received by the City of Milton on December 16, 2016. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 19 of 19 1/5/2017 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 50 feet measured from the right-of- way line to the nearest edge of drive or parking space ii. Driveway(s) site distance shall be certified by professional engineer b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 45 feet of right-of-way from the centerline of Francis Road along the entire property frontage 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. 2 | Traffic Count Data Page is too large to OCR. LEGEND: 8c =hack of ouch [&G =cwbandgurter 01 =catch basin Co =check dam CL = centerkne LMF= wncrete menumern Found LMP = corrugated metal Pipe CO clean out Cr =comp top Ptn 01 =drop "elOWCB ? ... l = dial, vdng catch resin EV =edge of pavement FC =face of orb FE5 =Rained end 5ecHon FH = fire hydrant CA= gme inlet GLV =guy We Gp =guy pole HW • head wall IPF = ironpin Sound IPS • imn pin set fB =Junctlun box IHV = Invem L- Lk = land lot line LP = light We MH = manhole lsanitary sewer) OT =open tap pipe PL =property 5n2 pp =power pole Ra = re,10orcing bar RCP = MWorrxd ""rete pipe BIW =right -o -way TSP = traffic signaE pole, TSa = traffic signal box TP • telephone pole Tsp =irok signal pole SYICBOL 1EGEND: =existing tanerete • existing asphalt = existing grave{7riprap = lire hydrant =guv dfe . light pde =power pole = sanitary sewer manhole - =clean out l� �iransldrmer Q • water meter Ca = single wing catch basin N =grate Inlet 0 • junction box d =head wail Existing Driveway to be Reconfigured FLOOD HAZARD NOTE: No portion of this property is contained within the limits of a Special Flood Hazard Zone as defined by the federal Emergency Management Agency Flood insurance Rate Map No. 131ZI00019F of Fulton County, GA. (C€ty of Milton Community Panel No.130673 0019 F), most recently revised September 18, 2013. 10 PO SH01NN =ROPA FULION COUNTY G15 ^ This drawing is the properly of Eny ir—insa703, L.L.C. and is not to be mpoduood a oopiad in whole or in part or used far ktAi$hing COPYRIGHT V 8018 I*rrnegoa to othew, or for any other purpcae dabknantal to the Werest W Englneering303. L.L.C. and Is io be retumed upon requasi. PARCEL INFORMATION: Parcel ld No.: 22 506005200270 2785 Francis Road Milton, GA PARCEL ZONED AG -1 Development Standards Maximum Building Height: 40 feet Minimum front yard: 60 feet Minimum side yard: Adjacent to interior, line: 25 feet Adjacent to street: 40 feet Minimum rear yard: 50 feet. Minimum lot area: One acre if frontage on paved road. Minimum lot width: 100feet. Minimum lot frontage shall be 35 feet adjoining a street. Minimum heated floor area: No minimum ENVIRONMENTAt NOTES 1. NWI Map consulted Online For location of Jurisdictiona€ Wetland areas and jurisdictional waters on October 24, 2016, Map did not indicate wetlands in the areas of improvements. There is a small pond indicated near the 5W corner of site. 2. No attempt was made by this firm to determine presence of wetlands in the field 3. No attempt was made by this firm to determine the presence of specimen trees, except as indicated on the northem portion of the property. 4. Trees Identified as Hardwood, Softwood, or UInd erstory species only. Trees were measured for size, but no viability information available at this time. No arborist or forester consulted. 5. Tree size indicated is DBH (diameter breast height) in inches. 6. Certif"tion applies to the locations of trees, but does not extend to the identification of species. 7. Sufveyor is not aware of historically significant or archeologically significant areas within the area of the improvements shown. op -0- _-- LOCATION MAP 1 nel Vlosca 16wool vc, 16-0 3 � RECEIVED i -;a x& -��--� OCT 2 S RECO O } -�» a _ USE INFORMATIO ; I 0 of !!!liter Oor-%StRe{.11 _-� Current Use.' Residential C::, r lupine t 6� R rr °tp Residential and Accesory Uses Gam 1 44" Hit Wboi� � I �v3rWs-AOMPH _n 4'icfe"rc�r— P phi _ l Proposed Use: �.._; 8113 , Dwelling to continue as residentlaI use Accessory building to be used as a srhool, r y� yApd esttuR j Use Permit Requested: 5 Classroom School I Retrofit existing bui€dine 1 _ I 42"\, 1 UTILITY INFORMATION Hardwood() ' l _ + Water Service: Public Sewage: Septic System m Site has Electric and Gas Service ! 1 1 1 ❑Gazabvh'�ell r �. i I i PROPOSED IMPROVEMENTS COMPRISE LESS I ,�_ � - •� Hardwo8d `f" •' ! , l j THAN 5,0005E OF NEW IMPERVIOUS ARfJ+. appox LLL ----- 4 F• C-rF U ! i �xrei 10 wMe stone wag I ' tTYp.i � i ? ... l m `h: a µ t{ 61" a ' g ITgS l LL 617 `' 42 - ,Hardwood - __�__�___— NT � LL sl rn„ottiysvrfdereE<8 -.. 686 ; Roxanne B. Swiderek M 1G" - 14699 Timber Point z 29.q 1 Parcel 22 506006800957 liarowoo ZONED AG -1 111:- { . Area area I l'r1 ` 'rte a•sTDRy 3Car Garage -1150SF ! 34 �7 '3 l . I� I f t � � � ��55J i NNlh co IpEPL'l.lEffE1 ] 1 Robin L O'aW�y & P 5TIC5YMM- t2O.n ...... 4 •.1 •. [ER CL3EHTj.'I L COL Bill M. OWft d1 14695 Thber Punt r ; Dog Kennel Parcel: 22 506000494f1 r I t PROPOSED rC0i ZONED AG -1 I \ 5 CLASSROOM t ;^ I 3 l EDUCATIONAL Q Lu i Ell 4l 0 r r 1 It I H' . r'ri. i i �HardwCod i ' I tIr` l NiF 1 Roben'J, Haefinq 8 Sandra Wasauich 14691 Timber PohTt - i � Shed 1% Parcel: 22 50cAM800932 ! s 20NED AG•1 40 FLOOD HAZARD NOTE: No portion of this property is contained within the limits of a Special Flood Hazard Zone as defined by the federal Emergency Management Agency Flood insurance Rate Map No. 131ZI00019F of Fulton County, GA. (C€ty of Milton Community Panel No.130673 0019 F), most recently revised September 18, 2013. 10 PO SH01NN =ROPA FULION COUNTY G15 ^ This drawing is the properly of Eny ir—insa703, L.L.C. and is not to be mpoduood a oopiad in whole or in part or used far ktAi$hing COPYRIGHT V 8018 I*rrnegoa to othew, or for any other purpcae dabknantal to the Werest W Englneering303. L.L.C. and Is io be retumed upon requasi. PARCEL INFORMATION: Parcel ld No.: 22 506005200270 2785 Francis Road Milton, GA PARCEL ZONED AG -1 Development Standards Maximum Building Height: 40 feet Minimum front yard: 60 feet Minimum side yard: Adjacent to interior, line: 25 feet Adjacent to street: 40 feet Minimum rear yard: 50 feet. Minimum lot area: One acre if frontage on paved road. Minimum lot width: 100feet. Minimum lot frontage shall be 35 feet adjoining a street. Minimum heated floor area: No minimum ENVIRONMENTAt NOTES 1. NWI Map consulted Online For location of Jurisdictiona€ Wetland areas and jurisdictional waters on October 24, 2016, Map did not indicate wetlands in the areas of improvements. There is a small pond indicated near the 5W corner of site. 2. No attempt was made by this firm to determine presence of wetlands in the field 3. No attempt was made by this firm to determine the presence of specimen trees, except as indicated on the northem portion of the property. 4. Trees Identified as Hardwood, Softwood, or UInd erstory species only. Trees were measured for size, but no viability information available at this time. No arborist or forester consulted. 5. Tree size indicated is DBH (diameter breast height) in inches. 6. Certif"tion applies to the locations of trees, but does not extend to the identification of species. 7. Sufveyor is not aware of historically significant or archeologically significant areas within the area of the improvements shown. op -0- _-- LOCATION MAP 1 nel Vlosca 16wool vc, 16-0 3 � RECEIVED i -;a x& -��--� OCT 2 S RECO O } -�» a _ USE INFORMATIO ; I 0 of !!!liter Oor-%StRe{.11 _-� Current Use.' Residential C::, r lupine t 6� R rr °tp Residential and Accesory Uses Gam 1 44" Hit Wboi� � I �v3rWs-AOMPH _n 4'icfe"rc�r— P phi _ l Proposed Use: �.._; 8113 , Dwelling to continue as residentlaI use Accessory building to be used as a srhool, r y� yApd esttuR j Use Permit Requested: 5 Classroom School I Retrofit existing bui€dine 1 _ I 42"\, 1 UTILITY INFORMATION Hardwood() ' l _ + Water Service: Public Sewage: Septic System m Site has Electric and Gas Service ! 1 1 1 ❑Gazabvh'�ell r �. i I i PROPOSED IMPROVEMENTS COMPRISE LESS I ,�_ � - •� Hardwo8d `f" •' ! , l j THAN 5,0005E OF NEW IMPERVIOUS ARfJ+. appox LLL ----- 01 30' 60' 60' 90' SCALE: t"=3(y (22"x34" Prints} 1"=60' {ll' li7" Prints) SURVEY NOTES: 1. Certain interior Improvements may not be shown hereon. ti.e. fence lines, guy wires, etc.} 2. Matters of record not shown hereon are excepted. 3. Rearing based on reference 2. Record line as shown. 4. Measurements shown are US Survey Feet (ground). S. Field angles and linear distances measured using a Leica IS 12P Robotic Total Station. 6. See sheet 2 of 2 for a copy of the record boundary 7, improvements shown were field located on October 3, 2016. 8. These drawings are prepared to accompany a Special Use Permit application and are not to be used for recording or to convey title. NiF John .1.1 odor y Frands Road Parcel: 22 5t3f>08&800528 ZONED AG -1 NtF Momingstart Luxury Homes. LLC 2793 Frands Road Parcel• 22 506MO1013 ZONED AG -1 PROPOSED NEW SITE FOR: CIs,br,,,%,wi,,,tia, a.lIs acaelerrty OF Use Permit Exhibit n 'leering 4 1 Civil Engineering, Land Surveying, 2785 Francis Road - Parcel 22 505006800270 Sly a.: F•a Stream and Wetland Restoration Chrysalis Experiential AcademyI E, $ 118 Norah Main Street, Suite B, CurhnriN, Ga. 30040 my of Mlhon Strea. iT' h3,pn PhOW 770-W-0500 741N4.BngIn6BI111 3.GOD1 1L 8178aa� Dlahl ct 2, Sepiorl2 "LToN co., GA. HestOratit ml I I ! i �xrei 10 wMe stone wag I ' tTYp.i � {i{ '; i ? ... l m I t{ 61" a ' g ITgS l `' - ,Hardwood 1 z slut Era"ie 1 j I 1 1 111 sl P k° se 1 TO 9 �- --- 1 50-0 - 1G" - } ��USE }NUE I 29.q 1 I + liarowoo e n { . Area area I l'r1 ` Goigerc'[I�Walk a•sTDRy 3Car Garage -1150SF ! 34 1 I i I APP1[LOC• I l . I� I 1 IrtyP•1 r i iAPPx ,+ ' JAG. .. .. lExrERI0R1 l Kardwoud $EpT%Csy1TEM 1 i ��55J i .. IpEPL'l.lEffE1 ] 1 1=, ¢ l ._7......_ P 5TIC5YMM- t2O.n ...... 4 •.1 •. [ER CL3EHTj.'I 1 1 r ; Dog Kennel w r I t PROPOSED I \ 5 CLASSROOM t ;^ I 3 l EDUCATIONAL I Ell 4l 38' a, 38" r r 1 It I H' . r'ri. i i �HardwCod i ' I l 1 I i � Shed 1% I ! s 1 l � I i I 4 1 € i 1 i I l TRACT ARES- _ I ' 1 10.2141 ACRES.. Due to shape of I l I ; property, see l sheet 2 for i HouAdary and Description) I ' I I i l I I I I 1 1 01 30' 60' 60' 90' SCALE: t"=3(y (22"x34" Prints} 1"=60' {ll' li7" Prints) SURVEY NOTES: 1. Certain interior Improvements may not be shown hereon. ti.e. fence lines, guy wires, etc.} 2. Matters of record not shown hereon are excepted. 3. Rearing based on reference 2. Record line as shown. 4. Measurements shown are US Survey Feet (ground). S. Field angles and linear distances measured using a Leica IS 12P Robotic Total Station. 6. See sheet 2 of 2 for a copy of the record boundary 7, improvements shown were field located on October 3, 2016. 8. These drawings are prepared to accompany a Special Use Permit application and are not to be used for recording or to convey title. NiF John .1.1 odor y Frands Road Parcel: 22 5t3f>08&800528 ZONED AG -1 NtF Momingstart Luxury Homes. LLC 2793 Frands Road Parcel• 22 506MO1013 ZONED AG -1 PROPOSED NEW SITE FOR: CIs,br,,,%,wi,,,tia, a.lIs acaelerrty OF Use Permit Exhibit n 'leering 4 1 Civil Engineering, Land Surveying, 2785 Francis Road - Parcel 22 505006800270 Sly a.: F•a Stream and Wetland Restoration Chrysalis Experiential AcademyI E, $ 118 Norah Main Street, Suite B, CurhnriN, Ga. 30040 my of Mlhon Strea. iT' h3,pn PhOW 770-W-0500 741N4.BngIn6BI111 3.GOD1 1L 8178aa� Dlahl ct 2, Sepiorl2 "LToN co., GA. HestOratit Applicant: Roy Alexander PUBLIC PARTICIPATION PLAN REPORT FORM E RECEIVED Petition No. CITY OF MIL' COMMUNITY DEVELOPMENT 1. The following parties were notified of the requested rezoning/use permit: RM 3• 11 Residents of Ciearbrooke for October 29th meeting Developer next to property, owner of 10 acres adjacent to property, HDA Pres. of Roxbury 136 Residents located 114 mile from boundary of 2785 Francis Rd (December 20th meeting) The following meetings were held regarding this petition: (Include the date, time and meeting location) October 29, 2016, 6:00pm, 14627 Timber Point, Milton, GA 30004 (Clearbrooke Subdivision) December 15, 2016, 2785 Francis Rd., Milton, GA 30004 2Pal December 20, 2016, 10 Mansell Ct E Ste 500, Roswell, GA 30076 fv RW The following issues and concerns were expressed: Increased traffic on Francis Rd. (Francis Rd being used more by residents of Forsyth Co. Francis Rd, in Fulton Co., should remain strictly residential Concern for future use and growth of school The applicant's response to issues and concerns was as follows: School currently has approximately 20 vehicles entering/leaving property twice per day. Francis Rd. is a main road, the Use Permit is under AG1, and a private school for learning differences is needed in the City of Milton. Growth will remain low due to nature of school. b. Applicants are required to attach copies of sign -in sheets from meetings as well as meeting announcements, i.e., notices, flyers, letters, and any other documentation which supports the opportunity for public input. Attach additional sheets as needed. RECEIVED CITY OF MILTON COMMUNITY DEVELOPMENT City of Milton Community Development -- 13000 Deerfield Parkway, suite 147F — Milton, GA 30004 — 678-242-2504 Rezoning Application Page 15 December 15, 2016 r alis e.vperieratial aradetiq Public Information Meeting Request For Private School Use Permit For AG -1 Zoned Property Property Location: 2785 Francis Rd. Milton GA 30004 Meeting Date: Tuesday, December 20, 2016 Time: 6:00pm Location: Chrysalis Experiential Academy 10 Mansell Ct E Ste 500 Roswell, GA 30076 Dr. Roy Alexander, Head of School at Chrysalis Experiential Academy, 10 Mansell Ct. E Ste 500 Roswell, GA 30076, respectfully invites all interested parties to a public information meeting regarding the applicant's request for a Use Permit submitted to the City of Milton. The applicant requests the granting of a Use Permit to allow a private school for 25 students to be located at 2785 Francis Rd Milton GA 30004 (hereto referred to as "the property"), which is currently zoned AG -1. It is the intent of the applicant to utilize the existing facilities for the school, with no additional structures or modifications to the land (unless required by the City of Milton or Fulton County). Please join us for a question and answer session regarding the requested Special Use Permit. With kind regards, Dr. Roy Alexander Roy. alexander@a chrysalis-academy.org Cell 404-513-9914 Main 770-649-7077 Fax 675-942-1056 10 Mansell Ct East Suite 500 Roswell GA 30076 W21120 16 image i JPCj -, HUIC INFORMATION MEETING Lamm ACADEMY 10 ffitIl tl E SIE 500 ROSWELL 30076 4. IAU . WESM 12- 20 6 PM M ROY OR ,w MU 404-513-9914 Ac d i r. i''�-■■� �?.- .fir F•Se ,-�� N� •� As ani ' "i ft, �.,s r 'y►. Yet' . htlps:llmail.google.oomlmaillulDi7zx=bopvohf7jj59#inhox115917eOl67f] hce2?projector=l I I l CtfrY-all's ricotial academy Public Information Meeting Request For Private School Use Permit For AG -1 .Zoned Property Property Location: 2755 Francis Rd. Milton GA 30004 Meeting Date: Tuesday, December 20, 2016 Time: 6:00pm Location: Chrysalis Experiential Academy 14 Mansell Ct E Ste 500 Roswell, GA 30076 SIGHT IN SHEET ]) NAME kn � • � J ee Ff C, ADDRESS R � -? 0 $ CZ s PHONE/EMAIL 770 2) NAME '50-4S� ADDRESS4 PHDNEIEMAILL - R 2/— 3) NAME ADDRESS PHQNEIEMAIL 4) NAME ADDRESS PHONE/EMAIL 5) NAME ADDRESS PHGNEIEMAIL Main 770-649-7677 Fax 578-942-1056 10 Mansell Ct East Suite 500 Roswell GA 30076 October 20, 2016 li C�Sa s r• c.\;periential academy Public Information Meeting Request For Private School Use Permit For AG -1 Zoned Property Property Location: 2785 Francis Rd. Milton GA 30004 Meeting Date: Saturday, October 29, 2016 Time: 6:00pm Location: Clearbrooke Subdivision At The Home Of: Ken and Stacy Sullender 14627 Timber Point Rd. Milton GA 30004 Dr. Roy Alexander, Head of School at Chrysalis Experiential Academy, 10 Mansell Ct. E Ste 500 Roswell, GA 30076, respectfully invites all interested parties to a public information meeting regarding the applicant's request for a Use Permit submitted to the City of Milton. The applicant requests the granting of a Use Permit to allow a private school for 25 students to be located at 2785 Francis Rd Milton GA 30004 (hereto referred to as "the property"'), which is currently zoned AGA. It is the intent of the applicant to utilize the existing facilities for the school, with no additional structures or modifications to the land (unless required by the City of Milton or Fulton County). Please join us for a question and answer session regarding the requested Special Use Permit. With kind regards, Dr. Roy Alexander Roy.alexander@chrysalis-academy.org Cell 404-513-9914 Main 770-649-7077 Fox 678-942-1056 10 Mansell Ct East Suite 500 Roswell GA 30076 Meeting With Clearbrooke Residents October 29, 2916 Kenneth & Stacy Sullender 954-494-8997 14627 Timber Point Milton GA 39094 Anthony & Attie Marie Sullivan 14623 Timber Point Milton GA 39094 Pati Sachidananda & Acharya Sthitaprajna 14615 Timber Point Milton GA 30094 Mehmedbasic Bemir 14648 Timber Point Milton GA 30004 James & Lisa Martin 14620 Timber Pt Milton GA 30004 Kim Jin & Kimberly Ho 14636 Timber Pt Milton GA 39094 Len & Michelle Lamkin 14631 Timber Pt Milton GA 30004 Michael Sofia 14639 Timber Pt Milton GA 39004 Sanjay Sadalge 14608 Timber Pt Milton GA 30004 .L,�.� I* 12,+2f ,201(+ Chrysalis Experiential Acadentv Mail - Francis road' From: cjrittmueller aQgmail.corrl Date: December 19, 2016 at 7:20:13 PM EST To: Roy.alexander@chrysaIIs-academy.org Subject: Francis road? [Quoted text hidden] cjrittmueller@gmaii.com <cjrittmuellera@gmail.com> To: Roy Alexander <roy.alexander@chrysalis-academy.org> Good Morning Roy, 1�D�lG 1'1%A-3 ,4-- Tue, Dec 20, 2016 at 9:36 AM Thank you kindly for the wealth of information. I'm currently processing my son's registration into living science program on Fridays, it's in Woodstock. I have to do some elf duties for my 4 children and won't be able to attend the meeting, however after you settle in, I very much welcome the opportunity to visit! My children take piano, my other 2 use to take guitar and violin, which I loved their teacher. My husband plays the drums, so music definitely is a wonderful enhancement! I wish the best success for you and your school! And yes, just because a school is Christian, doesn`t mean the people are Christian. Thank you again for your time and information. Merry Christmas, Carolyn Sent from my Phone [Quoted text hidden] https:llmail.googie.comlmailluldl?ui=2&ik--035bb6486L,&view=pt&search=i nbox&th=1591999a_3e5c8I St&sim1=159I999a_3e-5c818f&sim1=159 I9dd5fe8f7d2O&siml... 212 17J2012016 • �iis ter,, M.: Chrysalis 5xperiential.Academy Mail - Francis road? Francis road? 4 messages cirittmueller@gmail.com <cjrittmuelier@gmail. cam> To: Roy.alexander@chrysalis-academy.org Roy Alexander <roy.alexandera@chrysalis-academy.org> _ 1 Mon, Dec 19, 2016 at 7:20 PM Good Evening, I'm right around the corner from where you would build. t looked on the website. Would the middle and high school be in this building or just one? 1s this a religious school? And are any of the class periods art or music electives, or is that what students leave school early to pursue on there own? My husband is a home builder and I home schooled my older children and am currently homeschooling my younger ones - My questions are of self interest into my future homeschooling choices, along with my husband's curiosity. Thank you for your time, Carolyn Rittmuelier Sent from my iPhone Roy Alexander <roy.alexander@chrysalis-academy.orga Mon, Dec 19, 2016 at 8:34 PM To: cjrittmueller@gmail.com HI Carolyn, Thank you for your inquiry! Both MS and US students would be on the Francis Rd campus. Our school is very small, specializing in small classes that are, basically, tutoring and individual learning plans. Perfect for homeschooled students - Only a few of our students leave for the afternoon to attend specialized academies. Most of them are there Mon -Fri, 8- 3pm. The Arts have always been a highlight for us- I'm planning on adding music next year. Our Science teacher has his Masters in Physics from Ga Tech, and his specialty is hands-on learning (we'll create a garden, build a solar car, lots of outside and lab experimentsllabs). Spanish is lots of experientiallconversational.Lots of project -based learning, quite frankly, in all our classes. This is why I'm so excited for the Francis Rd property. We will have 10 acres of land for the kids to explore and use! If you can't come tomorrow night just call me (that's my cell phone). You can visit the school at any time. By the way, we are not a 'religious' school in name (we welcome all students), but my theological studies were at Asbury Seminary (Methodist). We are huge into teaching high standards for morals and values! Hope this helps:) Roy Sent from my iPhone {Quoted text hidden] ............_..... - - Roy Alexander <roy.alexander@chrysalis-academy.org> Mon, Dec 19, 2016 at 8:35 PM To: Brandon Alexander - son<brandon.alexander@chrysalis-academy.org> Sent from my iPhone Begin forwarded message: https:llinail.google.conVmMiulDi?ui=2&ik--035bb6486c&view=pt&search=inbox&th=159["9a3e5c818f&siml=1591999&.3e5c8i8f&siml=15919dd6feSf7d2iD&siml-.. 1/2 12/20/2016 Chrysalis Experiential Academy Malt - Chrysalis Experiential Academy - Site Plan and Letter of latent r:,3.1 Roy Alexander Croy.alexander@chrysalls-academy.org> ir,ist a� Chrysalis Experiential Academy - Site Plan and Letter of Intent 1 message .. _...........................--.......... . _..... ....................................... Roy Alexander <roy.alexander@chrysalis-academy.org> Mon, Oct 31, 2016 at 2:45 PM To: "Michael Dewberry (MDEWB427@Yahoo.Com)" <MDEWB427@yahoo-comms Cc, "Alexander, Roy" <roy.alexander@chrysalis-academy.org> Good afternoon, Michael It was a pleasure meeting you this afternoon. I appreciate you stopping in to visit our school and learn a little more about Chrysalis and our desire to become your neighbor. I am attaching several documents for you to share with your neighbors (Site Plan, Survey, Topography, and Letter of Intent to the City of Milton). As I shared in my response to Peter's email, my wife, Shari, and me are personally buying the property, and will be making the current residence our permanent home. We feel this property is one of the most beautiful pieces of land we could find, and it is our intent to keep its natural beauty and peacefulness intact. Just let me know if you would like Shari and me to come share our plans with Roxbury Row's residents. With kind regards, Roy ffd r Dr. Ray Alexander Head of School Chrysalis Experiential Academy Cell 404-51.3-9914 2 attachments 16-4162 Submittal REV.pdf 4972K Letter of Intent - Special Use Permit 2785 Francis Rd Milton GA 30004.docx 142K ]Sups://mad geogle.cam/maillu/0l?ui=2&ik=035bb6486c&.view=pt&q-francis%20rd&qs=true&search=query&tb=1581OM748f_i3 b7&siml=1.581OM74853b7 l!I 12/20/2016 cl-b•Sa .is Chrysalis Experiential Academy Mail - Roy Alexander- 2787 Francis Rd Special Use Application Roy Alexander <roy.alexander@chrysalis-academy.org> Roy Alexander - 2785 Francis Rd Special Use Application 1 message _................. -.............. Roy Alexander <roy.alexander@a chrysalis-academy.orga Mon, Oct 31, 2016 at 5:25 PM To: larryliebross@netzero-net Cc: "Alexander, Roy" <roy.alexander@7a chrysalis-academy.org> �R_� Good afternoon, Larry. 0.6 &&-r-Ty Byway of introduction, I am Dr. Roy Alexander, head of School at Chrysalis Experiential Academy in Roswell. GA. 1 had the pleasure of meeting Gianna Whisler-Amnetag at your Francis Fid. Open House yesterday. I do not know if Gianna had a chance to share with you the reason for my visit, but I wanted to introduce myself and share with you what my wife, Shari, and me would like to do with the {property next door to your new home, at 2785 Francis Rd. Let me first say that we are extremely sensitive to your needs as a developer who just built a gorgeous $1.2M home to sell to an upscale family, and want to protect your investment. As I shared above, I am the Head of School at Chrysalis Experiential Academy in Roswell. We serve 25 students in grades 6-12 who need highly individualized academic programs to understand how they learn best. Our students are excellent students, well-mannered and behaved, and academically above average with learning differences. Most of our students just don't perform well in large classes or schools, but excel when provided individualized instruction. We are SACSISAIS accredited, strictly a college preparatory school. and all of our students matriculate to college. We are currently leasing space in a commercial facility in Roswell (for the past 9 years), and have been searching for property for my wife and me to buy, live on, and have space for our students in a separate building. The Francis Rd property is perfect for our goals. With this brief introduction to our school, it is imperative I share with you our desire to keep the property as it is in its natural beauty and state. We would live in the current home, and have classes in the 2 - story garage structure. We want to be open and transparent with our intentions, with the hope that all of our neighbors would be {Teased to have us as a vital part of the community. The Site Plans submitted to the City of Milton call for no changes to the property, but would require a variance because the current house sits inside the 75" buffer zone. This, in a quick nutshell, is what we would like to do (obviously, with the blessings of the community). I am attaching the Site Plan, Survey, and Letter of Intent so you can have a better understanding of our intentions. I would welcome the opportunity to meet with you to share our plans and answer any questions or concerns you may have (I've already met with several neighbors to share our plans, and hopefully, put their minds at ease). I will make myself available by phone or in person at your convenience. With kind regards, Roy Chrysalis Experiential Academy Cell 404-513-9914 2 attachments 16-4162 Submittal REV.pdf https:llmail.gpogle_cnmlmaillu101?ui=2&ik=035bb6486c&view=pt&.q=irancis%20rd&gs=true&search=query&th=1581ca1 cdabW65&sim1=158Ica 1 cdabM65 I12 12120/2016 Chrysalis Experiential Academy Mail - Zoning & Variance - Francis Road. Milton. GA Roy Alexander <roy.alexander@chrysalis-academy.org> Zoning &. Variance - Francis Road, Milton, GA 5 messages Peter Battisti <PBattisti@chemence.com> Sat, Oct 29, 2016 at 10:40 AM To: "roy.alexander@chrysalis-academy.org" Croy.alexander@chrysalis-academy.org> Cc: "Michael Dewberry (MDEWB427@Yahoo, Corn)" <MDEWB427@yahoo.com> �Z2'D �.W•hf__ 101 11e - Dear Dr. Alexander, �o6� 607- �� N��� 5i� I am a resident of the property directly across from your proposed school (Roxbury Row). Michael Dewberry is the HCA President and is copied in this communication. I live in the end unit and I am one of the closet to your planned development. Superficially I do not have a problem with your proposed use but I am interested in why you need to reduce the buffer, and in what direction? Are there plans and descriptions you can share with us ... prior to the November 15tt zoning meeting? We would rather support your efforts than show up with pitch forks and torches as a result of aur collective ignorance. I suspect the buiIders/deveiopers surrounding your lot will have the greatest interest and most to lase or gain. We look forward to hearing for you. Regards, Peter Battisti M: 678-429-0681 From: Peter Battisti Sent: Saturday, October 29, 2015 10:27 AM To: 'Aaron Todd' catoddtribe@aol.com>; 'mdewb427a@7yahoo.corn' <mdewb427a@yahoo.corn>; 'hmfareed@yahoo.com' <hmfareed @yahoo.corn>;'bighoward@sbcgIobal. net' <bighoward[7a sbcgIoba1.net>; 'johnangelaspears@bel lsouth.net' rjohnangelaspears[3a belIsouth. ne5; 'mtwlor@yahoo.corn' <mtwlor@yahoo. corn>;'toddjoyd@aol.com' <toddjoyd@aol.com>;'armoldl@bellsouth.net' carrnoldt beiisouth.net>;'juankatiesalas@gmail.com' <juankatiesalas@gmail.com>;'ytaylor42@yahoo.corn <ytaylor02@yahoo.com>;'tndaley@yahoo.com' <tndaleya@yahoo,coM>; Helena Battisti <heienabattisti@a msn.com> Subject: Annual Meeting haps:Nmaii.google.eomlmaillu1017ui=2&ik=035bb6486c&view=pt&q=Francis%20rd&gs=true&search-query&th= i 58l Oe2e4d757d46&siml= 158 i Oe2e4d757d46&si... 115 2/2012016 C hrysalis F..xperiential Academy Maii - Zoning & Variance - Francis Road. Milton, GA Perhaps we have a reason to meet after all? The xoning_rev iew dates are - 1: CZIM: Tuesday Nov 15th @ 7 PM to school use — also to reduce the buffer] 2: DRB: Tuesday Dec 6th @ 6 PM 3: Planning Committee: Wednesday Dec 28th @ 7 PM 4: Mayor/City Council: January 30th, 2017 {This appears to be the change in zoning from agriculture (Design Review Board??) (Planning Committee — Review) (Mayor/Miiton CityCounciI— Approvals) In reading about the school (they have one in Roswell) it does not appear to be particularly disturbing and appear to operate to their web site descriptions. 5:1 to 7:1 student to teacher ratios. 49 students. In Roswell they are in a commercial building on Mansell Road. It may well be better use for this property than other more dense housing use. The people most concerned and impacted by this will be the developers building around this school as they are high- end houses. They will have their lawyers on speed dial for sure. Even with 10 acers (and only 25 students) the school is requesting a variance to reduce the buffer (why...,.a 1/3rd of an acre per student isn't exactly packing them in?) and this more likely impacts the property on the sides and rear of the lot (the builder sites), The school is hardly asking to be evert closer to the main Francis Road as the property naw sits. I will write to the Director and ask him for the plan and plan outlines. Peter httpJ1www.privateschoolreview.com/chrysalis-experiential-academy-profile http://private-schools.startclass.com/l/l4l643/Chrysalis-Experiential-academy (Roswell School—Overview) https://www.google.com/mapsluv?hl=en&pb=!l sOx88f574cOd999f879:Ox2bb5O23dd83f3482!2m 13!2m2! 1 i80!2i80!3m1 !2i2O! 16m7! 1 b 1 !2m2! 1 m 1! 1 e1 !2m2! 1 m 1! 1 e3l3m 1 !lel l 514shttps:1lpicasaweb. hapsArnail.googleTV mal llul0/?ui=2&ik=035hh6486c&view= pt&g4rancis%2Ord &qs=true&search=query&th=I5810e2e4d757d46&simk=15830e2e4d757d46&si... 215 12120/2016 Chtysalis Experii in ial Academy Mail - Zoning & Variance - Francis Road, Milton. GA google.com/lh/sredir?uname%3Dl 1 3343037121780489249%26id%3D6285655986254571602% 26target%3DPHOTO!5schrysalis+experiential+academy+-+Google+Search&imagekey=! 1 e3!2s- iKGDwP_9LgglVzsipREC6FIfAAAAAAAAj1412ljCBpLZYLEzBXJRSgkZ6hcb-M7zYMfOQCLIB&sa=X&ved= OahUKEwiY7siSIYDQAhUKRiYKHdMdA9EQoioicjAK (Current Location in Roswell) http://www.chrysalis-academy,org/-history.htmi 10 Mansell Ct E #590 10 Mansell Ct E #500, Roswell, GA 30076 Email: ray.alexander@chrysalis-academy.vrcg EL: 404-513-9914 FAX: 678-942-1056 Doctor Roy Alexander — Director School Variance_JPG 1535K Roy Alexander Croy.aiexander@chrysalis-academy.org> Sat, Oct 29, 2018 at 1:15 PM To: Peter Battisti <PBattisti@chemence.com> https://mail.google.comlmaillu101?ui=2&ik=035bb6486c&view-pt&q=franeis%20rd&qs=true&search=query&th=15810e2eU757d46&sim1=15810e2e4d757d46&si . 315 12/2012016 Chrysalis Experiential Academy Mail - Loniug & Variance - Francis Road, Milton. GA Cc: "Michael Dewberry (MDEVVB427@Yahoo.Com)" <MDEWB4279yahoo.com> Good afternoon, Peter_ Thank you for reaching out to me regarding our proposed use of the Francis Rd property. I would love to meet with the residents of Roxbury Row, or even individually, at any time. It would be wonderful if my wife, Shari, and myself could share our plans at one of your HOA meetings, if that would be acceptable. I am also arranging two pre -planned meetings at our current leased facility (on Mansell Ct in Roswell) in late November in order to share our plans for the property with all community members. 1 will share those dates as soon as they're firmed up. First, let me say that Shari and me are purchasing the property personally for the school- We will live in the home and use the two story garage for the school. I want to be as open as possible with information so everyone feels as comfortable as possible. With that being said, we will be using the current structures for our residence and the school. We are not building any additional structures for the foreseeable future (but, of course, modifying the current structures to be conducive for our use). The variance is necessary because the current house sits within the 75' buffer zone normally required at the side of the house. There will be no changes to the land, except for perhaps widening the driveway as the City of Milton sees necessary. Our school helps students with learning differences understand how they learn best. We do not have any sports, so we are not looking to have any sporting fields on the property. On the other hand, having the land and woods available for the students to have hands-on learning opportunities and experiences would be wonderful. As you have probably gathered, this property will be our permanent home, and we want to make sure we are considerate of all our neighbors. it's also a vital part of our mission that our students are community -service oriented, respectful, and helpful to all others. Please feel free to have anyone calf my cell phone (404-513-9994), which is also the number listed on Chrysalis' website, check out Chrysalis' website, or visit our school. Please consider this an open invitation to anyone. As Shari and me continue to clean up the property (kind of a major undertaking) please feel free to stop over when you see us there, or perhaps we could walk across the street sometime and introduce ourselves. i hope this helps answer some of your questions. Please feel free to call or email me anytime! With kind regards, Roy Cell 404-513-9914 Roy.alexander@chrysalis-academy.org Chrysalis Experiential Academy www. ch ry salis-academy. org 10 Mansell Ct E Ste 500 Roswell, GA 30076 Sent from my iPhone [Quoted text hidden] [Quoted text hidden] <mage001.1pg> Doctor Roy Alexander— Director <School Variance.JPG> rndewh427@yaho0.c0rn <mdewb427@yahoo.com> To: Roy Alexander <roy.alexander@chrysalis-academy.org> Sat, Oct 29, 2016 at 2:06 PM Thanks Peter; my office directly across the street fro their current location. I will Gall you to discuss . Mike Sent from my iPhone {quoted text hidden] _._..._. _ __._._..........._. ............... _. �............................................... .... ........................ . .................................................... Peter Battisti <PBattisti@chemence.com> Sat, Oct 29, 2016 at 2:13 PM To: Roy Alexander<roy.alexander@chrysalis-academy.arg> haps:llmail.goo gle-cc mlmai ll OM,i=2&ik_-035bb6486c&view=pt&q--franci&%20rd&gsArue&searc h=q u ery &th=1581 Oe2e4d757d46&siml=15810e2e4d757d46&si... 415 12/2W20 16 Chrysalis Experiential Academy MaiI - Zoning & Variance - Francis Road, Milton, GA Thank you Roy. My wife and I have a special needs adult that attends 'Just People", i also have a down syndrome brother so we are predisposed to be supportive and sympathetic towards your plans. I wanted to communicate quickly as the first reaction appears to be grab the pitch forks. I look forward to seeing you soon. Kind Regards, Peter From: Roy Alexander [maiIto:roy.aiexanderi@.chrysalis-academy.org] Sent: Saturday, October 29, 20161:16 PM To: Peter Battisti <PBattisti@chernence.com> Cc: Michael Dewberry (MDEWB427@Yahoo.Com) <MDEWB427@Yahoo.Com7 Subject: Re: Zoning & Variance - Francis Road, Milton, GA [Quoted text hidden] Roy Alexander <roy.alexander@chrysalis-academy.org> To: Peter Battisti <PBattisti@chemence.com> Thank you for your support, Peter! See you soon. Roy Sent from my iPhone [Quoted text hidden] Sat, Oct 29, 2016 at 3:15 PM https:limail.google.com/maii/ulO/?ui=2&ik=035bb648&&view-pt&q=francis%20rd& gs=true&search=query&Lh=158 3 Oe2e4d757d46&sim1=1581 Oe2e4d757d46&si - .. 515 Robyn Macdonald From: Peter Battisti <PBattisti@chemence.com> Sent: Thursday, December 22, 2016 11:29 AM To: Robyn Macdonald Cc: Michael Dewberry (MDEWB427@Yahoo.Com) Subject: Objection to Rezoning at 2785 Francis Road, Milton, GA 30404. Attachments: Milton City Doc.pdf Importance: High Dear Ms. MacDonald, Please see the attached letter regarding our opposition to the application for a school use permit for the property at 2785 Francis Road, Milton, GA 30004. In summary the current rezoning request is deceptive on its face and incomplete. Since the current property cannot accommodate, in its current state 25 students it certainly cannot accommodate 50 to 75 students which is the stated goal of Dr. Roy Alexander and is the actual intended use and purpose. Furthermore to support this contention Dr. Roy Alexander has stated he will never agree to a deed restriction of only 25 students. Therefore it is abundantly clear a fully disclosed plan is required to consider in detail the impact of parking lot surface run off, parking lot lighting and noise abatement (in a residential area), traffic flow etc. Regards, Peter Battisti 100 Roxbury Row Milton, GA 30004 December 22, 2016 rob n.macdonald cit ofmilton a.us Re: Application to the City of Milton by Chrysalis Experimental Academy for a Use Permit for a Private School for a Maximum of 25 Students located at 2785 Francis Road (10.2 acresy To: Robyn MacDonald City of Milton Zoning Dear Robyn, I live with my wife and our special needs daughter at 100 Roxbury Row, Milton, GA 30004. This property is within the Roxbury Row HOA, abuts Francis Road and is directly across from the proposed school. I also have a special needs brother (with down syndrome) so my wife and I appreciate more than most the peculiar requirements of special needs education, we are sympathetic towards it and we of course have availed of it. If you wish to check out a special needs facility go to Just People, 1412 Oakbrook Dr, Norcross, GA 30093 and Just People Village, 2101 Dowling Dr, Roswell, GA 30075. You will then appreciate the scope and scale of a facility that is capable of dealing with 75 to 100 special needs children (or adults). As a result, and not acting out of ignorance I have no plans to turn my residence into a special needs school. My concern is that Dr. Roy Alexander has publically stated he will not agree to a deed restriction of 25 students. That his intent is to grow the school to no less than 50 and up to 100 students (in fact no upper limit). This is not a residence with a school on the side, it is a school with a residence on the side and the application on its face is deceptive and misleading. Even with 25 students, four residential occupants and up to 5 staff it is the equivalent of allowing the current structure (and sceptic system) to facilitate a 17 -bedroom house (assuming two per bedroom) which appears ludicrous and absurd on its face. Nor can I imagine 34 vehicles (4 residents, 5 staff and 25 parents dropping off, or student drivers) converging on one residential driveway for a defined school opening and closing time. If the zoning modification is approved the very nature of the logistics involved, and the disclosed need and desire for future growth would necessitate substantial building modifications and structural changes to the land and topography to accommodate a school that is smack in the middle of high value residential property paying a substantial tax burden. Therefore, the rezoning should not be considered in piecemeal and a full and detailed plan for the future (school) should be part of the process and part of the public comment. Is this not a fair and reasonable request to make? What disturbs me is that the process appears to be moving forward in "rubber stamp" type haste. Had we wanted (as residents and voters) to be ignored we would never have voted to carve out Milton from Fulton County in the first place and the purpose of doing so was to allow "our" elected representatives to represent "our" interests and to listen to us at a local level. As it stands this development is charging full steam towards community discord and the Courts. I have attended public hearings on minor house modifications, pool installations and commercial property. Comments included arborists reports, the size of parking lots and how it impacted water run-off, retention ponds, parking lot lighting and how it impacted residential property, noise abatement, the impact on traffic flow. Since there is a public statement from Dr Roy Alexander that the school cannot survive with 25 students, and will quickly grow to 75 students where is the plan for this? To approve this piecemeal rezoning request is shortsighted. Very simply.... what happens next? This is a question that needs to be fully explained (with plans) before not after rezoning is allowed. Currently there is residential property for sale on Cogburn Road of similar size, 9.3 acres. It is already within a 25 mile per hour school zone district and within eyesight of several schools. It would have minimal impact on traffic flow as a result of the impact of schools in the immediate area. There are other (and if I may so) better alternatives. Respectfully yours, _e Peter D Battisti 678-429-0681 PeterB99@MSN.Com December 19, 2016 To: Robyn MacDonald, City of Milton Zoning robvn.macdonald@citvofmiltonga.us From: Gregg & Sarah Bundschuh 14690 Glencreek Way (Shadowood Farms subdivision) Gregg.bundschuh@greyling.com Re: Application to the City of Milton by Chrysalis Experimental Academy for a Use Permit for a Private School for a Maximum of 25 Students located at 2785 Francis Road (10.2 acres) Dear Ms. MacDonald: understand from Larry Liebross of Morningstar Luxury Homes, LLC, the builder of the new home at 2793 Francis Road, that he spoke to you this week and that the Community Development staff intends to make a recommendation on the school Use Permit application for 2785 Francis Road by this Thursday for the Planning Commission meeting on December 28th. The purpose of this letter is to register the opposition of concerned residents of my neighborhood, Shadowood Farms, to the application and to state the basis of our opposition. Our neighborhood includes residents who own property adjacent to the subject site and our street entrance (Glencreek Way/Francis Road) is located less than a quarter mile from the subject property. We have attended both public meetings about this Use Permit application (Community Meeting and Design Review). Last Thursday, several of us from Shadowood Farms, Roxbury Estates, and owners of the surrounding properties arranged a private meeting with the Applicant. Last night, we attended the Applicant's open house at his current school location. After speaking with the following HOA or property representatives, we believe that the surrounding community is firmly against approval of the Use Permit. Those representatives are copied on my email to you and they are: Concerned Residents of Shadowood Farms; The Homeowners' Association Presidents for Clearbrooke and Roxbury Estates; Morningstar Luxury Homes, LLC, the builder of the new home at 2793 Francis Road; and John Morley, a resident of Shadowood Farms who owns the 10 undeveloped acres adjacent to 2785 Francis Rd. After listening to the Applicant's proposed plans for the site, our opposition to the Use Permit is based on the following considerations: • The primary use of this site is for a school (the residence is incidental) and the application should be reviewed in that light; ■ Approval of the requested Use Permit would create uncertainty about the future development of the site (expansion to 100 or more students); • Approval of the requested Use Permit would create increased traffic on Francis Road from the roundabout to the Forsyth/Fulton line (without any modifications for turn lanes or curb cuts at the subject property); • Approval of the requested Use Permit would create precedent which allows future rezoning requests and Use Permits that are inconsistent with the current residential use in the area. • Approval of the requested Use Permit would have a negative impact on residential property values. Much of the basis of our opposition is from statements made by the Applicant himself during the several meetings. Below is a summary of what we know about the sale of the property and the intended use. If our information is not accurate, we would appreciate your correction so that we are not relying on inaccurate information: • According to Fulton County records, the owners of the 10.2 acre property (zoned AG -1) are Neil & Dorothy Bates (Seller). They acquired the property in 1985 and lived there until several years ago. The residence was built in ■ The property is adjacent to at least 8 single family residential homes in the Clearbrooke subdivision and is directly opposite the entrance to the Roxbury Estates subdivision. . Zillow indicates that the property has the following sale activity: DATE EVENT PRICE 01/04/16 Price change $1,150,000-8.0% 12/30/14 Price change $1,250,004-16.7% 01/25/14 Back on market $1,500,000 11/18/13 Pending sale $1,500,000 10/14/13 Listed for sale $1,500,000 05/24/85 Sold $321,000 • Real estate agents for the Seller have indicated that residential developers have expressed interest in the past and the site is suitable for up to eight (8) one acre single family residences. • The buyer of the property, ❑r. Roy Alexander of Chrysalis Academy (Buyer), told us that he and his wife have closed on the sale of the property but that the sale is conditional on obtaining the Use Permit for the school. We cannot confirm that the sale has closed and websites still list the property for sale. The seller of the property, Neil Bates, would be financing the property for Dr. Alexander. The public advertisement for the Use Permit states that the application is for "a maximum of 25 students within the existing structure." However, Dr. Alexander told us that he would not close on the property if the Use was limited to 25 students. He stated that school would only be financially viable if 50-100 children were enrolled. He said that the school and the property represent their livelihood and retirement. It seems clear that increasing the size of the school achieves both of those goals to the detriment of the surrounding community. • The school is currently located in an office area off of Mansell Road but the lease is expiring and rent is increasing. It is a 501(c) (3) non-profit and Dr. Alexander indicated that the school has had financial difficulties in the past and considered closing. • Dr. Alexander says that he and his wife will live in the residence and use it as an administration building. The garage structure would house 5 classrooms. Initially, parking would be in front of the house but Dr. Alexander said that additional parking would have to be in the rear of the house (confirming future expansion). • There is no proposal for a turning lane or sidewalk and Dr. Alexander is not proposing any material upgrades in the structures themselves. ■ Dr. Alexander confirmed that there has been no change to the existing septic system or application for upgrade. • We believe that unless Dr. Alexander agrees to a deed restriction to limit the school to 25 students, once a Use Permit is issued, the school can be expanded without further public input and the City has no way to confirm the number of students actually enrolled, considering that there will likely be full-time, part-time, and tutored students. • On the Chrysalis website, Dr. Alexander states that the school is currently in a 15,925 sq. ft. facility with labs, library, and cafeteria. Also says he is "searching for a permanent facility.... for future growth of the school" yet his application says that he intends to use the existing facilities with no additional structures or modifications. Other websites which describe and rate similar private schools show Chrysalis as having 49, 51 and 52 students. The Chrysalis website itself states that it had 25 students when the school was founded in 2002. • To the best of our knowledge, there are no other private schools or special uses inconsistent with the residential uses, on Francis Road. . We believe that a private school will have a Negative Impact on surrounding home values due to the inconsistent use (with residential) and additional traffic. As you know, Section 64-1552 of the City of Milton Zoning Code sets out considerations for the grant of a Use permit. I have replicated that section below and notated our comments or questions in red which we hope you can address at the Planning Commission Meeting. Sec. 64-1552. - Considerations. (a) In the interest of the public health, safety and welfare, the city council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the city council shall consider each of the following: (1) Whether the proposed use is consistent with the comprehensive land use plan or economic development revitalization plans adopted by the city council; The land use plan designates the area as AG-1/Residential. A large number of public and private schools are located on Cogburn Road and during school opening and closing hours they cause traffic to be backed up nearly to the Francis/Hopewell roundabout. (2) (3) (4) (5) Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; There are no other Use permits for schools on Francis Road. Whether the proposed use may violate local, state and federal statutes, ordinances or regulations governing land development, We believe the current septic tanks are not adequate for the intended use. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; School use would create backups on Francis Road around school start and finish hours: unlike residential use. The location and number of off-street parking spaces; We understand that only 10 parking spaces are required (2 per classroom) and that is the Applicant's plan. We believe that 10 spaces are inadequate for the requested use. (1) Many of the students are of driving age: (2) The school promotes a student teacher ratio of 5:1 suggesting at least 5 teacher vehicles; (3) The school owns at least one large van: and (4) the residents have personal vehicles; The amount and location of open space; Protective screening; The Applicant proposes no new screening or fencing to shield the parking lot from Francis Road. Hours and manner of operation; The Chrysalis website lists both ordinary school hours as well as special hours. Outdoor lighting; and Ingress and egress to the property. No turn lane or curb cuts or sidewalks are being offered to mitigate concerns. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. Neither the Applicant nor the Design Review Committee imposed ANY conditions to protect or benefit the neighbors. Page 20 of the City of Milton Comprehensive Plan (10117/16) states that non-residential in -fill development should meet appropriate design standards on local streets. In conclusion, The Use Permit should not be approved for the following reasons: 1. The Applicant's intent is to exceed the requested 25 student maximum and the City of Milton can only reasonably enforce the Use Permit if there is a deed restriction on the property. 2. This private school should be subject to the same scrutiny that the City requires in its dealings with public schools. Specifically, with regard to Community Facilities and Services, the Comprehensive Plan (page 22) states: Objective 6: We will work with the Fulton County Public Schools to encourage school location decisions that support overall growth and development plans of the community. Strategy: Encourage the Fulton County Public Schools to improve access and egress into existing school properties to minimize traffic disruption and congestion. Strategy: Encourage Fulton County Public Schools to locate future facilities that are consistent with the Milton Future Land Use Plan. 5tr� ateeg : Encourage Fulton County Public Schools to design new schools consistent with the design standards unique to Milton including site planning, building design, the utilization of green standards, access/ egress, parking configuration, tree preservation1 replacement review, appropriate buffers and the integration of trailways where possible. Thank you for your consideration and assistance. We look forward to see you at the Planning Commission Meeting on December 28th Gregg & Sarah Bundschuh ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR A PRIVATE SCHOOL (SEC. 64-1831) ON 26.65 ACRES LOCATED AT 13650 BETHANY ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 30, 2017 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 2785 Francis Road consisting of a total of approximately 10.21 acres as described in the attached legal description , be approved for a Use Permit for a Private School with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 680 and 617 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Retreat listed in the attached conditions of approval, be approved under the provisions Sec. 64-1831 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 30th day of January, 2017. ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for A Private School (Sec. 64-1831) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An existing 2,300 square foot two story garage (classrooms) and an existing 2,864 square foot single family residence (Residence and administrative office)(U16-01) b) A maximum of 25 students. b) The hours of operation shall be the following: Monday –Friday 8:00 am – 3:30 pm 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 16, 2016. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow the existing driveway/parking area to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line as shown on the revised site plan received by the City of Milton on December 16, 2016. (VC16-03) ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 b) To allow the existing single family residence to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the east property line as shown on the revised site plan received by the City of Milton on December 16, 2016. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 50 feet measured from the right-of-way line to the nearest edge of drive or parking space ii. Driveway(s) site distance shall be certified by professional engineer b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 45 feet of right-of-way from the centerline of Francis Road along the entire property frontage 5) To the owner’s agreement to abide by the following: a. A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 U16-01/VC16-03 REVISED SITE PLAN SUBMITTED DECEMBER 16, 2016 ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 TO: FROM: HOME OF M I LTON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 23, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration to Amend Chapter 50, Article III, Division 1, Sec. 50-71 Compliance with City Procedures and Guidelines Required. (Paved and Unpaved Roads.) MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES () NO CITY ATTORNEY REVIEW REQUIRED: (vIYES () NO APPROVAL BY CITY ATTORNEY. (,IAPPROVED PLACED ON AGENDA FOR: or/$bI207 REMARKS: ©� Your. PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmilfonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED „ Green � Community ► Certified i TOP 100 cey �r �yy Echia � 9�j B LL� Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 24, 2017 prepared for the January 30, 2017 City Council Meeting. (First Presentation - December 5, 2016, Work Session – December 12, 2016, Deferred at the December 19, 2016 meeting) Re: Consideration to amend Chapter 50, Article III, Division 1, Sec. 50-71 Compliance with City Procedures and Guidelines Required. (Paved and Unpaved Roads.) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The purpose of this text amendment is to amend the existing ordinance, Chapter 50 (Subdivisions) of the City Code, to ensure that any parcel fronting on an unpaved road (gravel road) remains three acre in size. This also includes those parcels that have frontage on both an unpaved road and a paved road no matter what the width of the frontage on the unpaved road. This item was presented at the October 26, 2016 Planning Commission Meeting. There were four citizens who made comments regarding the proposed change. Three of the citizens were in support of the ordinance as proposed by Staff. One citizen who also represented land owners was in opposition to the proposal as recommended by Staff. After deliberation and consideration of comments from the public, the proposed text amendment was deferred to allow Staff to pr ovide the following information: a list of unpaved roads in Milton and a list of parcels and their size that have frontage on both unpaved roads and paved roads (not already in platted subdivision like White Columns). Results of the November 16, 2016 Planning Commission Meeting Staff provided the items that the Planning Commission requested from the October meeting. There was one citizen who spoke in support of the proposed text amendment regarding unpaved roads. After further discussion by the Planning Commission they recommended Approval (6-0) of this change to the Page 2 of 2 Subdivision Ordinance (Chapter 50 of the City Code). Discussion at the December 12, 2016 City Council Work Session Staff presented to the Council the proposed text amendment as outlined above. After further discussion, the City Council directed Staff to change the ordinance to reflect that, in instances where parcels are adjacent to both paved and unpaved roads, the following shall apply: the portion of the parcel adjacent to an unpaved road shall be developed with minimum three acre lots and the portion of the parcel that is adjacent to the paved road may be subdivided into one acre lots. Discussion at the December 19, 2016 City Council Meeting The Mayor and City Council recommended to defer this item until the January 30, 2017 Council meeting to allow adequate time for Staff to give notice to property owners whose properties front on both a paved and unpaved road that may be impacted by the proposed amendment. Staff has received enquiries from approximately six property owners regarding the notice sent by the City. Funding and Fiscal Impact: There will be no impact if this text amendment is approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (November, 2016) Concurrent Review: Community Development, Public Works Attachment(s): Chapter 50 text amendment and ordinance. 1/26/20171/24/2017 Text Amendment to Chapter 50 – Subdivision Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017. (First Presentation on December 5, 2016, Work Session on December 12, 2016) (Highlighted changes are based on City Council’s discussion at the Council Work Session.) Page 1 of 2 Sec. 50-71. - Compliance with city procedures and guidelines required. All proposals to subdivide combine or recombine parcels of land under the provision of these regulations shall be in compliance with the City of Milton's Standard Procedures and Guidelines for Subdividing Property. (1) All final plats, replats and minor plats shall have the consent of the owners of all affected lots shown on said plat. Replats or new plats showing modifications to common areas shall require the consent of owners of all lots shown in the original final plat. (2) Proposals for the subdivision, combination or recombination of lawful previously platted lots or parcels, or portions thereof, shall be in compliance with the zoning ordinance (chapter 64). (3) If construction activity contemplated results in the disturbance of an area of 5,000 squ are feet or more, a land disturbance permit must be approved along with any building permit prior to construction. (4) Where a proposed lot fronts an existing public street, the subdivider shall improve the street along the lot's frontage to the applicable standards of these regulations and any standard details as determined by the director. (5) All slope, drainage and utility easements, as well as necessary right -of-way widths (as determined by the director) on an existing public street, paved or unpaved , shall be provided by the subdivider at no cost to the city. (6) Each proposed lot shall comply with the requirements of the Fulton County Department of Health, whose certification of approval shall accompany the submission of the final plat to the direc tor. (7) A minor plat proposal, as defined in section 50 -1, may be exempt from traffic and drainage studies and tree surveys, when an analysis is submitted and concludes that the development would have no negative impact on traffic or drainage. (8) Each lot created under the provisions of a minor plat shall not subsequently be resubdivided pursuant to the provisions of a minor plat. (9) For the division of land in the AG-1 (Agricultural) zoning district adjacent to an unpaved road, Sec. 64-416 (e) (2) of the City Code shall apply. to or has access to unpaved roads,or having frontage adjacent to an unpaved road with or without a paved extension, or with multiple frontages on a paved road and unpaved road at the time of the adoption of this ordinance, unless the frontage of the gravel road has less than 100 feet of road frontage, provide 35 feet of frontage and 100 feet of lot width at the building line, the following rules shall apply: a. Each proposed lot shall contain a minimum area of three acres. b. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. c. Each proposed lot shall provide at least 200 feet of lot width at the building line. (10) For the division of land in O-I, C-1, C-2, MIX, and M1-A, M-1 and M-2 zoning districts, after initial development of the property, the following standards shall also apply: a. A proposed lot fronting an existing public street shall contain the necessary frontag e required by the zoning ordinance (chapter 64). Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Font color: Red, Strikethrough, Highlight Formatted: Font color: Red Formatted: list1 1/26/20171/24/2017 Text Amendment to Chapter 50 – Subdivision Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017. (First Presentation on December 5, 2016, Work Session on December 12, 2016) (Highlighted changes are based on City Council’s discussion at the Council Work Session.) Page 2 of 2 b. The subdivider shall submit documentation of the necessary easements providing for access to a public street for proposed lots that front only on an existing, documented, paved private street or driveway. c. All slope, drainage and utility easements, as well as necessary street rights -of-way (as determined by the director) shall be provided by the subdivider at no cost to the city. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDIANCE TO AMEND CHAPTER 50, ARTICLE III, DIVISION 1, SEC. 50-71 COMPLIANCE WITH CITY PROCEDURES AND GUIDELINES REQUIRED. (PAVED AND UNPAVED ROADS) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 30, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the guidelines required for paved and unpaved roads in Chapter 50, Article III, Division 1, Sec. 50-71. 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 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ' JOE I M I L---10 N, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: J nuary 23, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 2 of the Code of the City of Milton, Georgia to provide for Compensation for the Planning Commission, Board of Zoning Appeals, and Design Review Board; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES CITY ATTORNEY REVIEW REQUIRED: (,k�ES APPROVAL BY CITY ATTORNEY: (APPROVED PLACED ON AGENDA FOR: a<I30170n REMARKS: () NOT APPROVED (J NO (J NO () NOT APPROVED KIyYou( PHONE: 678.242.25001 FAX: 678.242.2499 Green = ;Certified ; Top 1W ci, info@ci ofmiiton a.us www.ci ofmilton a.us a'unuEt Community $ -it}hiof r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""'"""' CENTIFIEo.PONZE - �B� Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 2 OF THE CODE OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR COMPENSATION FOR THE PLANNING COMMISSION, BOARD OF ZONING APPEALS, AND DESIGN REVIEW BOARD; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular Council meeting on January 30, 2017, at 6:00 PM as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, the Milton Charter, at Section 4.11, provides: The city council, by ordinance, may prov ide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. and WHEREAS, Chapter 2 of the City of Milton Code of Ordinances regulates the governance and administration of the business of the City of Milton, to include those regulations regarding the Planning Commission, Board of Zoning Appeals and Design Review Board; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to provide compensation for the members of certain boards and commissions of the City of Milton; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Section 2-209 of the City of Milton Code of Ordinances, with respect to the Planning Commission, shall be stricken it its entirety and replaced with the following: “The city council may provide for the reimbursement of the actual and necessary expenses of the planning commission, and shall compensate each member of the planning commission in the amount of $50.00 for each meeting of the planning commission the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” Page 2 of 2 SECTION 2. That Section 2-234 of the City of Milton Code of Ordinances, with respect to the Design Review Board, shall be stricken it its entirety and replaced with the following: “The city council may provide for the reimbursement of the actual and necessary expenses of the board, and shall compensate each member of the board in the amount of $50.00 for each meeting of the board the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” SECTION 3. That Section 2-258 of the City of Milton Code of Ordinances, with respect to the Board of Zoning Appeals, shall be stricken it its entirety and replaced with the following: “The city council may provide for the reimbursement of the actual and necessary expenses of the board, and shall compensate each member of the board in the amount of $50.00 for each meeting of the board the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” SECTION 4. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this the 30th day of January, 2017, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk H HOME OF ' M I L1-0 N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: anuary 24, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing Members to the City of Milton Cultural Arts Committee for District 1 /Post 1 and District 2/Post 2. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (kAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: o►0011011 REMARKS: () NOT APPROVED (.�INO (IN0 () NOT APPROVED ©itYoun _ *** PHONE: 678.242.25001 FAX: 678.242.2499 Green' .v Cettified ; Tuo infoC�?cityofmiltonga.us l www.cityofmiltonga.us WILDLIFE Community -- 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """""' - LENTA1E0.RON. 'a` STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON CULTURAL ARTS COMMITTEE FOR DISTRICT 3/POST 1 AND DISTRICT 2/POST 2. BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on the 30th day of January 2017 as follows: SECTION 1. That _______________ (District 3/Post 1) is hereby appointed for a term commencing January 30, 2017 and ending on December 31, 2018 and, SECTION 2. That _______________ (District 2/Post 2) is hereby appointed for a term commencing January 30, 2017 and ending on December 31, 2018 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 30th day of January 2017. . Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk OP TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ` ' Ml L I ()N% FSTABLISHED2006 CITY COUNCIL AGENDA ITEM City Council DATE: Steven Krokoff, City Manager January 24, 2017 Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee for District 2/Post 2. Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (44PPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY. () APPROVED PLACED ON AGENDA FOR: °1/3611oi7 REMARKS: () NOT APPROVED (VW0 (vKNO (J NOT APPROVED PHONE: 678.242.25001 FAX: 678.242.2499 ' Certified info@cifyofmiltonga.us 1 www.cityofmiltonga.us N•Q.nuFE Community C 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ERT,.lFo PROM.', �B� STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON EQUESTRIAN COMMITTEE FOR DISTRICT 2/POST 2. BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on the 30th day of January 2017 as follows: SECTION 1. That _______________ (District 2/Post 2)) is hereby appointed for a term commencing January 30, 2017 and ending on December 31, 2018 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 30th day of January 2017. . Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ' M Im LTO -Nllt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 24, 2017 FROM: Steven Krokoff, City Manager 9 AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals for District 1 /Post 1. MEETING DATE: Monday, January 30, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Q ---APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY. () APPROVED PLACED ON AGENDA FOR: od38120117 REMARKS: () NOT APPROVED P4O (,FIGO () NOT APPROVED ©y Your *** PHONE: 678.242.25001 FAX: 678.242.2499x: ? ? ' ` *Certified * ToP goo infoftityofmiitonga.us I www.cityofmiitonga.us 11"I1 UIJI kCommunity + sthtii sf � 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 BOARD OF ZONING APPEALS FOR DISTRICT 1/POST 1. BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on the 30th day of January 2017 as follows: SECTION 1. That _______________ (District 1/Post 1)) is hereby appointed for a term commencing January 30, 2017 and ending on December 31, 2017 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 30th day of January 2017. . Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk