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HomeMy WebLinkAboutAgenda Packet CC - 04/24/2017 - City Council Meeting Agenda Packet 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, April 24, 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. 17-095) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the Financial Statements for the Period Ending March 2017. (Agenda Item No. 17-096) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 24, 2017 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 17-097) (Stacey Inglis, Assistant City Manager) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of ZM17-01 – 14505 Batesville Road zoned AG-1 with Use Permit by LRF Milton, LLC (Little River Farms) To modify conditions 2.a AND 3.b (U14-02) for relocation of parking lot and additional driveway to additional parking lot. (Agenda Item No. 17-084) (Kathleen Field, Community Development Director) 2. Consideration of ZM17-02/VC17-02 – 980 Birmingham Road zoned C-1 and AG-1 by The Contineo Group To modify condition 2.a. (2004Z-0043) to modify site plan for additional parking and move dumpster pad and a concurrent variance to allow parking past the building (Sec. 64-1323(a)). (Agenda Item No. 17-085) (Kathleen Field, Community Development Director) 3. Consideration of RZ17-02 –12800, 12830 and 12850 Hopewell Road by Fuqua & Associates – To Rezone from AG-1 (Agricultural) to R-4A (Single Family Dwelling) to Develop 17 Single Family Lots on 14.6 Acres at a Density of 1.16 Units per Acre. (Agenda Item No. 17-086) (First Presentation at April 10, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 24, 2017 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 4. Consideration of RZ17-03 – To Amend Section 64-418 - Pre-development Notification and Public Informational Meeting and Section 64-419. Definitions of the AG-1 (Agricultural) Zoning District. (Agenda Item No. 17-087) (First Presentation at April 10, 2017 Regular City Council Meeting) (Discussed at April 17, 2017 City Council Work Session) (Kathleen Field, Community Development Director) 5. Consideration of RZ17-04 – To Amend Section 64-141 - Pre-development Notification and Public Informational Meeting and Section 64-442. Definitions of the R-1 (Residential) Zoning District. (Agenda Item No. 17-088) (First Presentation at April 10, 2017 Regular City Council Meeting) (Discussed at April 17, 2017 City Council Work Session) (Kathleen Field, Community Development Director) 6. Consideration of RZ17-05 – To Amend Section 64-464 - Pre-development Notification and Public Informational Meeting and Section 64-465. Definitions of the R-2 (Residential) Zoning District. (Agenda Item No. 17-089) (First Presentation at April 10, 2017 Regular City Council Meeting) (Discussed at April 17, 2017 City Council Work Session) (Kathleen Field, Community Development Director) 7. Consideration of RZ17-06 – To Amend Section 64-487 - Pre-development Notification and Public Informational Meeting and Section 64-488. Definitions of the R-2A (Residential) Zoning District. (Agenda Item No. 17-090) (First Presentation at April 10, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) 8. Consideration of RZ17-07 – To Amend Section 64-2453 - Creation of a Historic Preservation Commission (To Allow Compensation for Meetings). (Agenda Item No. 17-091) (First Presentation at April 10, 2017 Regular City Council Meeting) (Discussed at April 17, 2017 City Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of Revisions to Plat Process, Chapter 50 – Subdivisions. (Agenda Item No. 17-092) (First Presentation at April 10, 2017 Regular City Council Meeting) (Discussed at April 17, 2017 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 24, 2017 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration to Amend Chapter 2, Article V, Division 3, Planning Commission, Section 2-206 – Duties. (Agenda Item No. 17-093) (First Presentation at April 10, 2017 Regular City Council Meeting) (Discussed at April 17, 2017 City Council Work Session) (Kathleen Field, Community Development Director) 11) NEW BUSINESS 1.Consideration of a Memorandum of Understanding By and Between the City of Alpharetta and the City of Milton for a Jointly Owned Passive Park. (Agenda Item No. 17-098) (Ken Jarrard, City Attorney) 2.Consideration and Ratification of the Final Comprehensive Service Delivery Strategy with Fulton County and all Municipalities. (Agenda Item No. 17-099) (Ken Jarrard, City Attorney) 3.Consideration of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1.Tanglewood Preserve - Phase II – REVISION 1 LL 465 & 466 Chenery Drive Final Plat Revision Create 14 Lots 25.32 .56 Lots / Acre (Agenda Item No. 17-100) (Kathleen Field, Community Development Director) 4.Consideration of a Professional Services Agreement between Barge, Waggoner, Sumner & Cannon, Inc. and the City of Milton for an Update to the City Wide Parks and Recreation Master Plan and the Master Plan for Providence Park. (Agenda Item No. 17-101) (Jim Cregge, Parks & Recreation Director) 5.Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals for District 2/Post 2. (Agenda Item No. 17-102) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 24, 2017 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-103) M 1 LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ril 14, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending March 2017. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-KN CITY ATTORNEY REVIEW REQUIRED: () YES (yi\IO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oHI zul2°'-7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us t7� To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 17, 2017 for the April 24, 2017 Regular Council Meeting Agenda Item: Financial Statements for Period 6 – March 2017 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 1.81% over what is anticipated for the sixth period of the fiscal year. Total expenditures to-date are $13,189,884 and are 10.73% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $21,259,361, capital expenditures-to-date total $4,482,657. 1 of 10 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2017 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 55,907 45,250 10,657 400,701 258,050 142,651 Motor Vehicle Tax 542,000 36,552 44,820 (8,268) 220,818 224,100 (3,282) Intangible Tax 250,000 18,517 20,750 (2,233) 106,187 103,750 2,437 Real Estate Transfer Tax 115,000 5,281 9,545 (4,264) 29,397 47,725 (18,328) Franchise Fees 1,915,900 72,956 72,956 - 716,972 713,975 2,997 Local Option Sales Tax 8,400,000 672,424 697,200 (24,776) 3,610,273 3,486,000 124,273 Alcohol Beverage Excise Tax 295,000 21,121 24,485 (3,364) 119,058 122,425 (3,367) Business & Occupation Tax 650,000 360,209 422,500 (62,291) 609,355 617,500 (8,145) Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 46,000 33,579 22,540 11,039 38,150 46,000 (7,850) Penalties & Interest 33,400 943 2,814 (1,871) 11,481 16,447 (4,966) Alcohol Beverage Licenses 140,000 1,300 - 1,300 143,694 140,000 3,694 Other Non-Business Permits/Licenses 19,485 1,398 1,350 48 12,657 9,890 2,767 Zoning & Land Disturbance Permits 217,200 3,555 18,093 (14,538) 46,765 108,557 (61,792) Building Permits 480,000 37,971 38,400 (429) 181,527 220,800 (39,273) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 44,787 57,926 (13,139) 228,470 280,993 (52,523) Municipal Court Fines 560,000 - - - 199,531 229,872 (30,341) Interest Earnings 30,420 6,658 2,535 4,123 33,816 15,210 18,606 Contributions & Donations - 1,259 - 1,259 24,283 - 24,283 Other Revenue 140,612 1,508 5,324 (3,816) 67,041 31,242 35,799 Other Financing Sources 1,017,126 81,844 83,069 (1,225) 500,442 498,415 2,027 Total Revenues 27,839,843 1,457,768 1,569,556 (111,788)7,300,618 7,170,950 129,668 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 12,100 15,594 (3,495) 69,054 83,271 (14,217) City Clerk 207,077 20,266 16,841 3,425 97,874 105,081 (7,207) City Manager 691,336 69,832 73,411 (3,579) 332,256 353,493 (21,237) General Administration 72,818 14,324 6,057 8,267 35,063 36,396 (1,333) Finance 452,793 43,396 44,625 (1,229) 236,889 248,881 (11,992) Legal 290,000 16,762 24,167 (7,405) 103,282 120,833 (17,551) Information Technology 921,534 63,143 66,506 (3,363) 541,953 508,908 33,045 Human Resources 334,445 23,705 31,788 (8,083) 126,595 169,503 (42,908) Risk Management 283,300 - - - 131,758 151,775 (20,017) General Government Buildings 474,354 55,145 48,142 7,004 225,875 288,849 (62,974) Communications 205,479 8,990 18,630 (9,640) 74,028 102,923 (28,896) Community Outreach & Engagement 152,443 11,711 12,453 (741) 64,549 74,717 (10,168) Municipal Court 298,347 27,345 32,111 (4,766) 136,711 150,633 (13,922) Police 4,430,315 383,907 353,820 30,087 1,931,209 2,288,114 (356,905) Fire 6,559,155 573,651 492,714 80,937 3,235,268 3,579,771 (344,504) Public Works 2,427,495 156,258 198,887 (42,628) 900,102 1,212,742 (312,640) Parks & Recreation 1,430,360 72,679 74,106 (1,428) 704,306 896,406 (192,100) Community Development 952,840 103,477 78,718 24,759 425,733 480,490 (54,757) Economic Development 179,869 39,647 13,067 26,580 89,017 98,188 (9,170) Debt Service - Capital Lease Payment 718,112 - - - 726,400 718,112 8,288 Operating Transfers to Other Funds 6,003,930 500,328 500,127 200 3,001,965 3,000,764 1,201 Operating Reserve 212,228 - 17,679 (17,679) - 106,072 (106,072) Total expenditures 27,464,989 2,196,665 2,119,443 77,222 13,189,884 14,775,920 (1,586,036) Net Income/(Loss)374,854 (738,896)(5,889,267) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 2 5 5 Crabapple Fest Sponsor 8,000 5,000 6,500 (1,500) Earth Day Sponsor 2,550 500 500 (2,050) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations - - 371 371 T-shirt Sales - - - - Mayor's Run Reg. Fees - - 30 30 Roundup Food Sales - - - - Total revenues 11,855$ 5,502$ 7,406$ (4,449)$ EXPENDITURES Current: Special Events 75,065$ 2,425$ 28,125$ 46,940$ Total Expenditures 75,065$ 2,425$ 28,125$ 46,940$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 10,550$ 879$ 5,275$ (5,275)$ Transfers in from Hotel/Motel Tax Fund 47,000 5,820 30,579 (16,421) Total other financing sources and uses 57,550$ 6,699$ 35,854$ (21,696)$ Net change in fund balances (5,660)$ 15,135$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 3 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ 1,413$ 1,413$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/Federal Funds - 6,118 13,826 13,826 Interest Revenues/State Funds - 2 11 11 Interest Revenues/Federal Funds - 2 13 13 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 6,122$ 15,263$ 15,263$ EXPENDITURES Current: Police -$ -$ 758$ (758)$ Total Expenditures -$ -$ 758$ (758)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 14,505$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 4 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 37,468$ 285,144$ (604,856)$ Interest Revenue - - 36 36 Total revenues 890,000$ 37,468$ 285,180$ (604,820)$ EXPENDITURES Current: Public Safety 890,000$ -$ 65,738$ 824,262$ Total Expenditures 890,000$ -$ 65,738$ 824,262$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 219,442$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 5 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 5,820$ 30,579$ (36,421)$ Total revenues 67,000$ 5,820$ 30,579$ (36,421)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 5,820 30,579 (16,421) Total other financing sources and uses 67,000$ 5,820$ 30,579$ (36,421)$ Net change in fund balances -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 6 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ -$ 27,322$ (67,678)$ Infrastructure Maint Penalty & Interest - - 25 25 Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - 17,000 17,000 Landfill Host Fees 140,000 - 30,317 (109,683) HYA Fees - - - Interest Revenue - - 46 46 Realized Gain or Loss on Investments - - - - Cell Tower Lease - 9,628 42,129 42,129 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Parks & Rec - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - 3,000 3,000 Capital Lease Proceeds - - - - Total revenues 235,000$ 9,628$ 119,839$ (115,161)$ EXPENDITURES Capital Outlay City Council 1,006,589$ 30,000$ 47,537$ 959,052$ General Admin 13,762 - - 13,762 General Govt Bldg 5,021,494 15,992 3,642,784 1,378,710 Finance - - - - IT 218,600 - 18,599 200,001 Court (1,700) - - (1,700) Police 1,234,713 85,461 381,978 852,735 Fire 1,675,415 - 2,710 1,672,705 Public Works 7,803,020 28,654 215,872 7,587,148 Parks & Recreation 3,662,715 54,139 155,138 3,507,577 Community Development 624,753 - 18,039 606,715 Total Capital Outlay 21,259,361$ 214,245$ 4,482,657$ 16,776,704$ Excess of revenues over expenditures (21,024,361)$ (204,617)$ (4,362,817)$ (16,891,865)$ OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 499,448$ 2,996,690$ (2,996,690)$ Transfers in from Capital Grant Fund 100,000 8,333 50,000 (50,000) Transfers in from E-911 Fund - - - - Impact Fees/Law Enforcement Fund 15,557 - - (15,557) Impact Fees/Fire 89,145 - - (89,145) Impact Fees/Road 111,251 - - (111,251) Impact Fees/Park 668,123 - - (668,123) Transfer to the General Fund (243,000) (20,250) (121,500) (121,500) Unallocated - - - - Lease Proceeds - - - - Proceeds of Sale of Assets - - - Budgeted Fund Balance - - - - Total other financing sources and uses 6,734,456$ 487,532$ 2,925,190$ (4,052,266)$ Net change in fund balances (14,289,905)$ (1,437,627)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 7 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- - 50,000 50,000 CDBG - - - - LMIG Funds 200,000 - 369,450 169,450 GDOT HPP Funds 3,738,408 - - (3,738,408) MARTA Grant 71,863 - 71,861 (2) SR 9 @ Bethany Bend Grant 872 - - (872) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - 20 79 79 Total revenues 4,515,205$ 20$ 491,391$ (4,023,814)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,953,009$ 110,118$ 119,297$ 4,833,712$ Community Development 4,900 - - 4,900 Total Capital Outlay 4,957,909$ 110,118$ 119,297$ 4,838,612$ Excess of revenues over expenditures (442,704)$ (110,098)$ 372,093$ 814,797$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in to General Fund - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (8,333) (50,000) (50,000) Budgeted Fund Balance - - - - Total other financing sources and uses (100,000)$ (8,333)$ (50,000)$ (50,000)$ Net change in fund balances (542,704)$ 322,093$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 5,330$ 20,185$ (6,337)$ Law Enforcement Fund 15,557 2,277 8,845 (6,712) Fire Fund 89,145 13,046 50,684 (38,461) Road Fund 111,251 16,281 66,356 (44,895) Park Fund 668,123 146,055 546,929 (121,194) Interest Revenues/Admin Fund - 1 3 3 Interest Revenues/Law Enforcement Fund - 0 1 1 Interest Revenues/Fire Fund - 2 7 7 Interest Revenues/Road Fund - 3 8 8 Interest Revenues/Park Fund - 26 73 73 Total revenues 910,598$ 183,020$ 693,090$ (217,508)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598$ 183,020$ 693,090$ (217,508)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (26,522) 26,522 Transfer Out to Capital Projects Fund/Law Enf (15,557) 15,557 Transfer Out to Capital Projects Fund/Fire (89,145) 89,145 Transfer Out to Capital Projects Fund/Road (111,251) 111,251 Transfer Out to Capital Projects Fund/Park (668,123) 668,123 Total other financing sources and uses (910,598)$ -$ -$ 910,598$ Net change in fund balances -$ 693,090$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 9 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 10 81 81 Contributions & Donations - - - - Total revenues -$ 10$ 81$ 81$ EXPENDITURES Capital Outlay General Government Buildings -$ -$ -$ -$ Parks & Recreation 48,059 - 7,220 40,839 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 48,059$ -$ 7,220$ 40,839$ Excess of revenues over expenditures (48,059)$ 10$ (7,138)$ 40,921$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604) (59,384) (356,302) (356,302) Revenue Bond Proceeds - - - - Total other financing sources and uses (712,604)$ (59,384)$ (356,302)$ (356,302)$ Net change in fund balances (760,663)$ (363,440)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2017 10 of 10 MILTON" * ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: it 14, 2017 FROM: Steven Krokoff, City Manage (A-�) AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: G KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�O CITY ATTORNEY REVIEW REQUIRED: () YES (4-<0 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: OK/tc,I?o1 7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 City of Milton, Georgia Fiscal Year 2017 Summary of Departmental Budget Amendments The goal of the fiscal year 2017 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category includes expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 156,768 Expenditure Appropriation Increase 29,624 Net Revenue/(Expenditure) Requests:127,144 Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2017 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. Over the last several fiscal years, Insurance Premium Taxes have steadily increased. We received over $2 million for FY16, so we feel confident that the FY17 collections will be similar, if not higher. We are proposing a $200,000 increase in the projections for this revenue source to bring it in line with the $2 million in prior year collections. 2. The Financial Institution Tax came in lower than anticipated, so we are proposing a decrease of $7,850 to reflect actual collecting funds. 3. We have received donations for the 10 year celebration events ($20,000), the fire awards banquet ($600) and our Joyful Soles camp ($2,400). Amendments are requested for these line items to reflect what has been donated. There are amendments to the expenditures lines within the corresponding departments that offset the revenues. 4. In December 2014, a resolution was adopted to affirm the City’s commitment to conservation and greenspace preservation. Within that resolution, it was spelled out that revenues received from long- or short-term leases on City property would be dedicated to our conservation efforts. Cell tower leases fall into this category and we felt it would be better to move this particular revenue source to the Capital Projects Fund since that is where we account for expenditures related to conservation. A decrease in the appropriations for Cell Tower Leases of $77,412 is proposed. 5. Insurance Proceeds of $17,656 and reimbursements received from HIDTA of $1,374 make up the remaining proposed amendments. They are offset by increases to the correlating expenditure line items. Revenues Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) TAXES Current Year Property Taxes Real Property 9,545,176 9,893,278 10,100,000 - 10,100,000 - 10,100,000 Utility 80,123 73,381 73,000 - 73,000 69,287 3,713 Personal Property 189,668 193,676 190,000 - 190,000 - 190,000 Prior Year Property Taxes - - - - - Real Property 390,184 319,254 300,000 - 300,000 373,622 (73,622) Personal Property 5,131 4,672 5,000 - 5,000 4,746 254 Motor Vehicle Tax 284,483 203,625 140,000 - 140,000 62,904 77,096 Title Ad Valorem Tax 689,630 474,756 400,000 - 400,000 157,915 242,085 Alternative Ad Valorem Tax (AAVT) 2,224 2,482 2,000 - 2,000 - 2,000 Intangible Tax 235,642 265,700 250,000 - 250,000 106,187 143,813 Real Estate Transfer Tax 111,211 105,114 115,000 - 115,000 29,397 85,603 Franchise Fees 1,853,416 2,058,336 1,915,900 - 1,915,900 715,037 1,200,863 Local Option Sales Tax 8,404,439 8,528,916 8,400,000 - 8,400,000 2,937,849 5,462,152 Alcohol Beverage Excise Tax 296,110 298,104 295,000 - 295,000 137,351 157,649 Business & Occupation Tax 652,114 649,271 650,000 - 650,000 632,008 17,992 Insurance Premium Tax 1,884,880 2,041,691 1,800,000 200,000 2,000,000 - 2,000,000 Financial Institution Tax 39,673 46,001 46,000 (7,850) 38,150 38,150 - Penalties & Interest - - - - - Real Property Taxes 26,816 26,394 25,000 - 25,000 7,215 17,785 Personal Property Taxes 387 214 200 - 200 380 (180) Alcoholic Beverage Excise Taxes 32 584 200 - 200 373 (173) Business & Occupation Tax 7,454 6,661 6,000 - 6,000 435 5,565 Total: Taxes 24,698,793 25,192,111 24,713,300 192,150 24,905,450 5,272,854 19,632,596 LICENSES & PERMITS Alcohol Beverage Licenses 147,400 144,150 140,000 - 140,000 145,794 (5,794) Advertising Fee 2,800 1,200 600 - 600 1,800 (1,200) Pouring Permit 6,990 5,745 6,000 - 6,000 2,820 3,180 Public Facilities Alcohol Permit 200 300 300 - 300 100 200 Solicitation Permit 390 1,170 585 - 585 3,120 (2,535) Zoning & Land Use Permits 11,300 6,950 10,000 - 10,000 4,300 5,700 Land Disturbance 238,092 161,493 200,000 - 200,000 39,815 160,185 Modification 350 350 700 - 700 350 350 Variance 8,450 4,850 6,500 - 6,500 2,300 4,200 Seasonal & Special Events 1,260 710 1,000 - 1,000 700 300 Sign Permits 6,506 8,949 7,000 - 7,000 2,671 4,329 Film & Media Permits - 1,200 - 1,000 (1,000) Building Permits 476,626 438,913 480,000 - 480,000 181,527 298,473 NPDES Fees 7,872 4,898 4,000 - 4,000 876 3,124 Taxi & Driver Permitting Fees 300 - - - - - - Penalties & Interest-Alcohol Beverage Lic 10 1,761 500 - 500 2,541 (2,041) Res/Comm Work Without a Permit Penalty 2,630 2,307 1,500 - 1,500 2,193 (693) Total: Licenses & Permits 911,175 784,946 858,685 - 858,685 391,907 466,778 INTERGOVERNMENTAL REVENUES Bulletproof Vest Partnership - 4,655 - - - - - Community Services Program (CSP) - 12,000 - - - - - School Bus Stop Arm Violations - - - - - 2,820 (2,820) Total: Intergovernmental Revenues - 16,655 - - - 2,820 (2,820) CHARGES FOR SERVICES Administrative Fees Finance Admin Fee 70,098 70,039 70,000 - 70,000 59,200 10,800 Court Admin Fee 151,168 122,079 150,000 - 150,000 48,313 101,687 Maps & Cert Letters 510 390 450 - 450 150 300 Plan Review Fees 177,451 137,145 150,000 - 150,000 58,715 91,285 Open Records Fees 684 696 500 - 500 594 (94) Online Payment Convenience Fee 5,376 4,100 4,500 - 4,500 3,735 765 Development Bond Fee 2,300 1,450 1,000 - 1,000 250 750 Development Bond Fee to Offset Legal Expense 11,500 7,250 6,000 - 6,000 1,250 4,750 FY 2017 Account Name Unaudited Actuals FY 2016 FY 2015 Actuals Revenues Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Account Name Unaudited Actuals FY 2016 FY 2015 Actuals Election Qualifying Fee 1,170 - 2,250 - 2,250 - 2,250 Expungement Fees (50) - - - - - - False Alarms 3,750 5,400 5,000 - 5,000 2,100 2,900 Fire Plan Review 1,088 3,226 900 - 900 325 575 Fire Inspection 8,115 8,800 7,000 - 7,000 4,400 2,600 Fingerprinting Fee 6,435 5,105 4,000 - 4,000 2,233 1,767 Medical Reimbursement - 423 - - - - - CPR Classes 171 26 150 - 150 - 150 Self Defense Class 565 2,545 1,000 - 1,000 - 1,000 MPD Explorers - 372 - - - 470 (470) Background Check Fees 15,810 14,900 14,000 - 14,000 9,290 4,710 Administrative Fees/COBRA - - - - - 108 (108) Activitiy Fees/Joyful Soles 26,225 28,098 25,000 - 25,000 8,251 16,749 Activity Commissions - - - - - - - ATPP - 1,017 250 - 250 182 68 Core Physique 1,379 - - - - - - Eagle Stix Lacrosse 4,435 29,485 12,000 - 12,000 7,904 4,096 FITT2U 3,711 1,639 - - - - - North GA Rec 9,070 32,663 12,000 - 12,000 - 12,000 Sperber Music 361 292 100 - 100 69 31 Blaze Sports 300 - - - - - - Halftime Sports 257 3,680 2,500 - 2,500 4,600 (2,100) HYA - 33,230 40,000 - 40,000 18,580 21,421 NFL Youth Flag Football - 21,231 9,000 - 9,000 - 9,000 Wanna Play Baseball - 1,735 1,800 - 1,800 812 988 Bad Check Fees 330 300 300 - 300 90 210 Total: Charges for Services 502,208 537,317 519,700 - 519,700 231,620 288,080 FINES & FORFEITURES Fines & Forfeitures 565,331 508,130 560,000 - 560,000 199,531 360,469 Total: Fines & Forfeitures 565,331 508,130 560,000 - 560,000 199,531 360,469 INVESTMENT INCOME Interest Revenue 430 508 420 - 420 1,103 (683) Realized Gain/Loss on Investmt 29,790 44,825 30,000 - 30,000 32,713 (2,713) Total: Investment Income 30,220 45,333 30,420 - 30,420 33,816 (3,396) CONTRIBUTIONS & DONATIONS Donation Revenue - - - 20,000 20,000 21,250 (1,250) Village Volunteers - 1,000 - - - Public Safety 50 - - - - - - Fire 2,639 889 - 600 600 600 - Public Safety Fund - 7,582 - - - - - Community Development 53 - - - - - - Parks & Recreation - 1,694 - - - 15 (15) Joyful Soles 678 - - 2,400 2,400 2,400 - Total: Contributions & Donations 3,420 11,165 - 23,000 23,000 24,283 (1,283) MISCELLANEOUS REVENUE Cell Tower Lease 25,992 77,534 77,412 (77,412) - - - Facility Rental - - - - - - - Bethwell Community Center 1,550 2,010 1,500 - 1,500 2,460 (960) Friendship Park 180 240 200 - 200 100 100 Bell Memorial Park - 19,688 20,000 - 20,000 2,650 17,350 Broadwell Pavilion 1,700 2,850 1,500 - 1,500 2,138 (638) Insurance Proceeds - - - - - - - Public Safety 10,900 6,025 - 17,656 17,656 23,243 (5,587) Public Works 2,800 6,509 - - - - - Damaged Property-Citizen Reimb 850 - - - - - - Other Misc Revenue 57,682 (72) 40,000 - 40,000 37,844 2,156 Atlanta HIDTA Reimbursements - 6,819 - 1,374 1,374 1,374 - Over/Short Cash Drawer 11 1 - - - 1 (1) Revenues Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Account Name Unaudited Actuals FY 2016 FY 2015 Actuals Evidence Room Unclaimed Cash 568 182 - - - - - Total: Miscellaneous Revenue 102,233 121,786 140,612 (58,382) 82,230 69,809 12,421 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 20,000 19,218 20,000 - 20,000 - 20,000 Operating Transfers In-Capital Projects Fund - - 243,000 - 243,000 121,500 121,500 Operating Transfers In-Revenue Bond Fund - 9,935,171 712,604 - 712,604 356,302 356,302 Operating Transfers In-Impact Fee Fund/Admin - 26,701 26,522 - 26,522 - 26,522 Sale of Surplus Equipment 30,416 5,313 15,000 - 15,000 13,079 1,921 Total: Other Financing Sources 50,416 9,986,402 1,017,126 - 1,017,126 490,881 526,245 TOTAL 26,863,797 37,203,844 27,839,843 156,768 27,996,611 6,717,522 21,279,089 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. General Fund Summary Approved Budget Requested Budget Amendment Amended Budget Revenues Taxes 24,698,793 25,192,111 24,713,300 192,150 24,905,450 Licenses & Permits 911,175 784,946 858,685 - 858,685 Intergovernmental Revenues - 16,655 - - - Charges for Services 502,208 537,317 519,700 - 519,700 Fines & Forfeitures 565,331 508,130 560,000 - 560,000 Investment Income 30,220 45,333 30,420 - 30,420 Contributions & Donations 3,420 11,165 - 23,000 23,000 Miscellaneous Revenue 102,233 121,786 140,612 (58,382) 82,230 Other Financing Sources 50,416 9,986,402 1,017,126 - 1,017,126 Total Revenues 26,863,797 37,203,844 27,839,843 156,768 27,996,611 Expenditures Mayor & Council 146,527 146,527 166,759 - 166,759 City Manager 687,710 687,710 691,336 - 691,336 City Clerk 163,966 163,966 207,077 (26,000) 181,077 General Administration 40,500 40,500 72,818 - 72,818 Finance 409,321 409,321 452,793 - 452,793 Legal 307,816 307,816 290,000 - 290,000 Information Technology 729,719 729,719 921,534 26,880 948,414 Human Resources 272,594 272,594 334,445 - 334,445 Risk Management 243,715 243,715 283,300 - 283,300 General Govt Buildings 386,420 386,420 474,354 - 474,354 Communications 344,653.21 276,876.66 205,479 - 205,479 Community Outreach & Engagement - - 152,443 20,000 172,443 Municipal Court 275,541 275,541 298,347 - 298,347 Police 3,915,311 3,915,311 4,430,315 (37,808) 4,392,507 Fire 5,693,645 5,693,645 6,559,155 121,563 6,680,718 Public Works 1,971,467 1,971,467 2,427,495 - 2,427,495 Parks & Recreation 1,118,753 1,118,753 1,430,360 2,400 1,432,760 Community Development 638,599 638,599 952,840 - 952,840 Economic Development 74,653 74,653 179,869 - 179,869 Debt Service - - 718,112 134,400 852,512 Other Financing Uses 22,619,075 22,619,075 6,003,930 (77,412) 5,926,518 Contingency - - 212,228 (134,400) 77,828 Total Expenditures 40,039,983 39,972,207 27,464,989 29,624 27,494,613 Total Revenues Over/(Under) Expenditures (13,176,187) (2,768,363) 374,854 127,144 501,998 Beginning Fund Balance 10,956,434 10,956,434 8,188,071 8,188,071 8,188,071 Ending Fund Balance (2,219,753) 8,188,071 8,562,925 8,315,216 8,690,070 FY 2017 Unaudited Actuals FY 2016 Actuals FY 2015 City Clerk Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 108,585 108,266 122,294 - 122,294 59,441 62,853 Total: Salaries & Wages 108,585 108,266 122,294 - 122,294 59,441 62,853 Employee Benefits GROUP INSURANCE 846 5,664 - - - - - MEDICAL INSURANCE - - 14,458 - 14,458 2,824 11,634 DENTAL INSURANCE - - 1,622 - 1,622 421 1,201 VISION INSURANCE - - 380 - 380 166 214 LIFE INSURANCE - - 638 - 638 310 328 AD&D INSURANCE - - 18 - 18 9 9 SHORT TERM DISABILITY - - 132 - 132 54 78 LONG TERM DISABILITY - - 489 - 489 238 251 401A (SS MATCH) 4,072 4,060 4,587 - 4,587 2,229 2,358 FICA MEDICARE 1,573 1,530 1,774 - 1,774 848 926 401A ER MATCH OF 457B CONTRIBUTIONS - 43 1,223 - 1,223 209 1,014 PENSION (GMEBS) 7,279 4,543 11,006 - 11,006 2,842 8,164 UNEMPLOYMENT INSURANCE 164 126 100 - 100 92 8 WORKER'S COMPENSATION 181 228 372 - 372 190 182 FLEXIBLE SPENDING/HEALTH SAVINGS 1,750 - 1,938 - 1,938 - 1,938 Total: Employee Benefits 15,865 16,194 38,737 - 38,737 10,432 28,305 Other Purchased Services COMMUNICATIONS 711 711 711 - 711 420 291 POSTAGE 44 74 100 - 100 - 100 ADVERTISING 1,674 1,046 1,200 - 1,200 2,218 (1,018) PRINTING: Name plates, business cards, general - - 200 - 200 - 200 TRAVEL - - - - - - - CVIOG - 471 960 - 960 366 594 Total: Travel - - - - - - - DUES AND FEES - - - - - - - GMC/FOA 118 75 75 - 75 - 75 Total: Dues and Fees 118 75 75 - 75 - 75 EDUCATION & TRAINING CVIOG - 415 800 - 800 460 340 Total: Education & Training - 415 800 - 800 460 340 MAINTENANCE CONTRACTS MUNICODE 16,184 10,845 15,000 - 15,000 6,931 8,069 GRANICUS 25,700 25,700 26,000 (26,000) - 15,167 (15,167) Total: Maintenance Contracts 41,885 36,546 41,000 (26,000) 15,000 22,097 (7,097) Total: Other Purchased Services 44,431 39,338 45,046 (26,000) 19,046 25,561 (6,515) Supplies GENERAL SUPPLIES 165 169 1,000 - 1,000 368 632 FOOD/MEALS - - - - - - - Total: Supplies 165 169 1,000 - 1,000 368 632 Total: City Clerk 169,046 163,966 207,077 (26,000) 181,077 95,802 85,275 BUDGET AMENDMENT NOTES Account Name Amount DECREASE 1. Maintenance Contracts/Granicus (26,000) Total Decrease (26,000)$ (26,000)$ FY 2015 Actuals TOTAL BUDGET AMENDMENTS This expense is IT related and should be moved to that department Unaudited Actuals FY 2016 FY 2017 Amendment Reason Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 87,352 91,284 92,504 - 92,504 47,311 45,193 Total: Salaries & Wages 87,352 91,284 92,504 - 92,504 47,311 45,193 Employee Benefits GROUP INSURANCE 13,372 15,078 - - - - - MEDICAL INSURANCE - - 10,174 - 10,174 7,430 2,744 DENTAL INSURANCE - - 811 - 811 585 226 VISION INSURANCE - - 190 - 190 143 47 LIFE INSURANCE - - 479 - 479 240 239 AD&D INSURANCE - - 13 - 13 7 6 SHORT TERM DISABILITY - - 66 - 66 27 39 LONG TERM DISABILITY - - 360 - 360 110 250 401A (SS MATCH) 3,276 3,423 3,443 - 3,443 1,774 1,669 FICA MEDICARE 1,196 1,247 1,332 - 1,332 650 682 401A ER MATCH OF 457B CONTRIBUTIONS - - 918 - 918 - 918 PENSION (GMEBS) 8,596 9,846 8,262 - 8,262 2,291 5,971 TUITION REIMBURSEMENT - 3,000 3,000 - 3,000 - 3,000 UNEMPLOYMENT INSURANCE 49 49 50 - 50 47 3 WORKER'S COMPENSATION 343 255 279 - 279 180 99 FLEXIBLE SPENDING/HEALTH SAVINGS - 1,500 969 - 969 1,500 (531) Total: Employee Benefits 26,832 34,398 30,346 - 30,346 14,984 15,362 Purchased Professional and Technical Services PROFESSIONAL FEES 1,669 175 7,678 - 7,678 1,690 5,988 Total: Purchased Professional and Technical Services 1,669 175 7,678 - 7,678 1,690 5,988 Other Purchased Services COMMUNICATIONS 59 - - - - - - CELL PHONE & AIR CARD 1,104 1,216 2,009 - 2,009 1,046 963 FIRE DEPT POTS LINES 10,710 12,061 12,000 - 12,000 6,117 5,883 ATT - CITY HALL POTS LINES/BANDWIDTH 59,112 49,660 65,982 - 65,982 38,788 27,194 ATT - PUBLIC SAFETY BANDWIDTH 28,014 26,652 28,945 - 28,945 15,532 13,413 COMCAST-STATION 43/BANDWIDTH 10,935 10,732 10,350 - 10,350 5,622 4,728 E-911 - - 17,800 - 17,800 9,665 8,135 POSTAGE 180 - 247 - 247 494 (247) Total: Communications 110,113 100,321 137,333 - 137,333 77,263 60,070 PRINTING: Business cards - - 50 - 50 - 50 TRAVEL 32 - 1,600 - 1,600 - 1,600 GMIS CONFERENCE 141 33 600 - 600 971 (371) Total: Travel 173 33 2,200 - 2,200 971 1,229 DUES AND FEES - 20 120 - 120 20 100 EDUCATION & TRAINING 1,081 40 1,800 - 1,800 - 1,800 GMIS CONFERENCE - - 1,000 - 1,000 325 675 Total: Education & Training 1,081 40 2,800 - 2,800 325 2,475 MAINTENANCE CONTRACTS OPTIVIEW 10,225 10,064 11,000 - 11,000 10,010 990 GODADDY .COM 86 429 500 - 500 279 221 EXPERTS-EXCHANGE 239 200 - - - - - ENERGOV 11,226 - - - - - - ARC GIS 7,700 7,700 10,267 - 10,267 10,267 0 SHORETEL 5,104 5,219 5,615 - 5,615 2,385 3,230 INCODE 24,452 25,521 26,000 - 26,000 24,745 1,255 GRANICUS - - - 26,000 26,000 - 26,000 ALEN SIMS 1,530 1,800 1,800 - 1,800 900 900 OFFSITE BACKUP 4,649 4,632 15,366 - 15,366 15,366 0 FIREHOUSE 8,534 8,740 9,620 - 9,620 6,520 3,100 NETMOTION 4,879 4,001 5,000 - 5,000 2,334 2,666 GUARDIAN TRACKING 916 1,118 1,500 - 1,500 1,219 281 OSSI 30,596 34,691 35,732 - 35,732 35,732 0 DIGICERT 113 - 300 - 300 - 300 IT IGA JOHNS CREEK 42,716 17,869 - - - - - Unaudited Actuals FY 2016 FY 2017 FY 2015 Actual Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Unaudited Actuals FY 2016 FY 2017 FY 2015 Actual BARRACUDA MESSAGE MAINT. 4,338 3,875 581 - 581 581 (0) L-3 COMMUNICATIONS 4,250 13,202 15,250 - 15,250 7,756 7,494 EMS TRAINING AIDS 4,018 4,070 4,643 880 5,523 5,523 (0) MICROPAVER - - 1,500 - 1,500 - 1,500 2FA 439 483 - - - - - WORK ZONE 3,000 3,000 - - - - - VC3 255,622 284,474 363,728 - 363,728 190,782 172,946 OPEN GOV 6,500 8,966 8,000 - 8,000 8,000 - ICMA ANALYTICS TOOL 9,210 9,210 - - - - - REC1 - 500 - - - - - HIPERWEB - - 15,540 - 15,540 - 15,540 Total: Maintenance Contracts 440,342 449,763 531,942 26,880 558,822 322,400 236,423 Total: Other Purchased Services 551,709 550,177 674,445 26,880 701,325 400,978 300,347 Supplies GENERAL SUPPLIES - - - - - - - PRINTER MAINTENANCE KITS - 806 900 - 900 497 403 PLOTTER INK 585 69 1,000 - 1,000 483 517 PLOTTER PAPER 763 1,035 1,200 - 1,200 277 923 Total: General Supplies 1,348 1,911 3,100 - 3,100 1,258 1,842 Total: Supplies 1,348 1,911 3,100 - 3,100 1,258 1,842 Machinery & Equipment COMPUTER / SOFTWARE 2,463 1,392 16,178 - 16,178 15,001 1,177 COMPUTER / HARDWARE 38,693 35,204 60,094 - 60,094 38,847 21,247 OTHER EQUIPMENT - COMPUTER EQUIP&SUPPLIES 2,747 7,575 7,500 - 7,500 1,610 5,890 DESKTOP PRINTERS - 6,671 19,405 - 19,405 19,405 0 CITY PHONE SYSTEM 107 - 134 - 134 994 (860) SCANNERS - 933 10,000 - 10,000 - 10,000 OTHER 551 - - - - - - CELL PHONES - - 150 - 150 - 150 Total: Other Equipment 3,406 15,179 37,189 - 37,189 22,009 15,180 Total: Machinery & Equipment 44,562 51,774 113,461 - 113,461 75,856 37,605 Total: Information Technology 713,472 729,719 921,534 26,880 948,414 542,078 406,336 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Maintenance Contracts/Granics 26,000 2. Maintenance Contracts/EMS Training Aids 880 Total Increase 26,880$ 26,880$ TOTAL BUDGET AMENDMENTS Amendment Reason Moving this expense from the City Clerk Department since it IT-related Transferring funds from Fire to cover the overage Community Outreach & Engagement Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES - - 92,029 - 92,029 37,857 54,172 Total: Salaries & Wages - - 92,029 - 92,029 37,857 54,172 Employee Benefits GROUP INSURANCE - - - - - - - MEDICAL INSURANCE - - 10,174 - 10,174 7,146 3,028 DENTAL INSURANCE - - 811 - 811 585 226 VISION INSURANCE - - 190 - 190 143 47 LIFE INSURANCE - - 301 - 301 151 150 AD&D INSURANCE - - 8 - 8 4 4 SHORT TERM DISABILITY - - 66 - 66 27 39 LONG TERM DISABILITY - - 231 - 231 115 116 401A (SS MATCH) - - 3,452 - 3,452 1,420 2,032 FICA MEDICARE - - 1,335 - 1,335 507 828 401A ER MATCH OF 457B CONTRIBUTIONS - - 920 - 920 289 631 PENSION (GMEBS) - - 8,788 - 8,788 2,032 6,756 TUITION REIMBURSEMENT - - 3,000 - 3,000 - 3,000 UNEMPLOYMENT INSURANCE - - 100 - 100 71 29 WORKER'S COMPENSATION - - 279 - 279 - 279 FLEXIBLE SPENDING - - 969 - 969 - 969 Total: Employee Benefits - - 30,624 - 30,624 12,491 18,133 Purchased Professional and Technical Services PROFESSIONAL FEES - - - - - - - GRAND OPENINGS - - 1,000 - 1,000 - 1,000 Total: Professional Fees - - 1,000 - 1,000 - 1,000 Total: Purchased Professional and Technical Services - - 1,000 - 1,000 - 1,000 Other Purchased Services COMMUNICATIONS - - 720 - 720 420 300 PRINTING - - - - - 59 (59) BETTER TOGETHER - - 400 - 400 - 400 MILTON CARES - - 125 - 125 - 125 Total: Printing - - 525 - 525 59 466 TRAVEL - - - - - - - SOUTHEAST FESTIVALS & EVENTS CONFERENCE - - 770 - 770 - 770 Total: Travel - - 770 - 770 - 770 EDUCATION & TRAINING - - - - - - - SOUTHEAST FESTIVALS & EVENTS CONFERENCE - - 400 - 400 - 400 Total: Education & Training - - 400 - 400 - 400 Total: Other Purchased Services - - 2,415 - 2,415 479 1,936 Supplies GENERAL SUPPLIES - - 20,000 20,000 40,000 14,784 25,216 BETTER TOGETHER - - 337 - 337 - 337 MILTON CARES - - 250 - 250 61 189 Total: General Supplies - - 20,587 20,000 40,587 14,845 25,742 FOOD/MEALS - - - - - - - BETTER TOGETHER - - 1,000 - 1,000 215 785 MILTON CARES - - 500 - 500 - 500 Total: Food/Meals - - 500 - 500 - 500 PROMOTIONAL ITEMS - - 4,000 - 4,000 - 4,000 Total: Supplies - - 26,087 20,000 46,087 15,060 31,027 Machinery & Equipment OTHER EQUIPMENT - - - - - - - BETTER TOGETHER - - 163 - 163 163 0 MILTON CARES - - 125 - 125 - 125 Total: Other Equipment - - - - 288 - - Total: Machinery & Equipment - - 288 - 288 163 125 Total: Innovation & Engagement - - 152,443 20,000 172,443 66,049 106,394 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Community Outreach & Engagement Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. General Supplies 20,000 Total Increase 20,000$ 20,000$ TOTAL BUDGET AMENDMENTS Amendment Reason Increased to account for sponsorship funds received Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages REGULAR EMPLOYEES 2,014,578 2,094,939 2,302,992 (12,444) 2,290,548 1,015,065 1,275,483 OVERTIME 69,319 80,816 75,000 (12,535) 62,465 31,092 31,373 RESTRICTED ON-CALL PAY 8,517 7,725 7,800 - 7,800 3,968 3,832 HOLIDAY PAY 111,460 119,804 120,000 (8,600) 111,400 80,900 30,500 Total: Salaries & Wages 2,203,873 2,303,284 2,505,792 (33,579) 2,472,213 1,131,025 1,341,188 Employee Benefits GROUP INSURANCE 413,604 403,431 - - - - - MEDICAL INSURANCE - - 437,482 - 437,482 195,680 241,802 DENTAL INSURANCE - - 34,873 - 34,873 16,795 18,078 VISION INSURANCE - - 8,170 - 8,170 4,124 4,046 LIFE INSURANCE - - 11,402 (175) 11,227 5,254 5,973 AD&D INSURANCE - - 315 - 315 145 170 SHORT TERM DISABILITY - - 2,838 - 2,838 1,127 1,711 LONG TERM DISABILITY - - 8,625 (134) 8,491 4,026 4,465 401A (SS MATCH) 95,084 103,249 100,849 (2,082) 98,767 51,174 47,593 FICA MEDICARE 30,975 31,986 32,140 (487) 31,653 15,676 15,977 401A ER MATCH OF 457B CONTRIBUTIONS 39,258 57,825 102,231 (4,029) 98,202 26,157 72,045 PENSION (GMEBS) 152,149 136,852 134,101 (3,022) 131,079 53,978 77,101 TUITION REIMBURSEMENT 10,588 14,340 27,000 - 27,000 4,867 22,133 UNEMPLOYMENT INSURANCE 2,355 2,243 2,200 - 2,200 2,060 140 WORKER'S COMPENSATION 77,474 89,451 108,320 (1,806) 106,514 67,576 38,938 FLEXIBLE SPENDING 4,800 14,775 41,667 - 41,667 11,775 29,892 OTHER EMPLOYEE BENEFITS 9,545 - - - - - - Total: Employee Benefits 835,832 854,151 1,052,213 (11,736) 1,040,477 460,412 580,065 Purchased Professional and Technical Services PROFESSIONAL FEES 831 909 2,000 - 2,000 28 1,972 LASER & RADAR RECERTIFICATION 1,000 1,100 1,500 - 1,500 720 780 K-9 2,146 2,558 2,500 - 2,500 979 1,521 GRAPHICS FOR PATROL CARS 1,577 520 2,000 - 2,000 - 2,000 INMATE MEDICAL SERVICES 11,420 8,966 25,000 - 25,000 1,911 23,089 TAG & TITLE APPLICATIONS 404 392 600 - 600 345 255 RECRUITMENT TESTING-POLYGRAPH 900 400 2,700 - 2,700 200 2,500 RECRUITMENT TESTING - PYSCH 2,300 1,900 3,000 - 3,000 400 2,600 WRITTEN ENTRY LEVEL TEST 710 420 1,000 - 1,000 185 815 PROMOTION EXAMINATIONS - - 1,100 - 1,100 783 317 EMPLOYMENT BACKGROUND CHECKS 2,221 564 1,898 - 1,898 254 1,644 IACP NET YEARLY FEES 1,000 875 1,000 - 1,000 875 125 HEALTH & WELLNESS PROGRAM 9,115 5,985 10,000 - 10,000 1,568 8,433 Total: Professional Fees 33,623 24,590 54,298 - 54,298 8,247 46,051 PROFESSIONAL FEES / INVESTIGATIONS INVESTIGATIVE DATABASE SUB 2,128 2,128 4,003 - 4,003 4,003 - OTHER INVESTIGATIVE FEES 547 2,005 6,300 - 6,300 687 5,613 Total: Professional Fees/Investigations 2,675 4,133 10,303 - 10,303 4,690 5,613 EQUIPMENT REPAIR & MAINT 834 254 2,500 - 2,500 900 1,600 EQUIPMENT R&M/MOTOROLA RADIOS 714 58 1,000 - 1,000 - 1,000 Total: Equipment Repair & Maintenance 1,548 312 3,500 - 3,500 900 2,600 FACILITIES REPAIR & MAINT 875 434 1,500 - 1,500 - 1,500 VEHICLE REPAIR & MAINT 49,294 79,953 80,000 7,507 87,507 46,026 41,480 RENTAL LAND & BUILDINGS 490 - - - - - - RANGE FEES 6,785 - - - - - - STORAGE UNIT 995 2,643 3,240 - 3,240 1,512 1,728 Total: Rental Land & Buildings 8,270 2,643 3,240 - 3,240 1,512 1,728 Total: Purchased Professional and Technical Services 96,285 112,064 152,841 7,507 160,348 61,375 98,972 Other Purchased Services COMMUNICATIONS 33,317 35,467 40,000 - 40,000 17,928 22,072 POSTAGE 1,968 308 1,500 - 1,500 222 1,278 PRINTING - CITATIONS, FORMS & DOCUMENTS 1,811 800 3,000 - 3,000 1,128 1,872 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals BUSINESS CARDS 1,285 1,655 1,500 - 1,500 583 917 Total: Printing 3,096 2,455 4,500 - 4,500 1,711 2,789 TRAVEL 2,395 317 1,000 - 1,000 - 1,000 IACP CONFERENCE 2,036 - - - - - - CALEA CONFERENCE 804 - 3,000 - 3,000 - 3,000 UPD 4,795 8,550 5,000 - 5,000 33 4,967 K-9 1,572 - 1,000 - 1,000 - 1,000 SWAT 993 1,061 2,500 - 2,500 413 2,087 RECORDS CLERK CONFERENCE 650 - 500 - 500 - 500 GACP CONFERENCE - 594 900 - 900 - 900 GPSTC 194 1,292 2,000 - 2,000 378 1,622 CID TRAVEL - - 2,281 - 2,281 2,281 (0) GPAC TRAVEL 1,354 1,209 2,000 - 2,000 375 1,625 AA/TAC CONFERENCE 196 346 750 - 750 - 750 COMMAND COLLEGE 1,368 8,173 8,500 - 8,500 3,327 5,173 SSD - 7,173 6,000 - 6,000 1,648 4,352 MPD EXPLORERS PROGRAM - 562 6,000 - 6,000 4,154 1,846 CITIZENS POLICE ACADEMY - 1,438 - - - - - Total: Travel 16,316 30,716 41,431 - 41,431 12,610 28,821 DUES AND FEES 1,406 1,805 3,000 - 3,000 1,894 1,106 GEORGIA POLICE ACCREDITATION COALITION 75 94 125 - 125 145 (20) GEORGIA ASSN OF CHIEFS OF POLICE 575 650 375 - 375 100 275 INTERNATIONAL ASSN OF CHIEFS OF POLICE 772 475 625 - 625 325 300 POST FEES 1,311 585 2,000 - 2,000 178 1,822 ACCREDITATION FEES 4,065 4,315 6,500 - 6,500 3,763 2,738 CID CONFIDENTIAL FUNDS - - 1,000 - 1,000 500 500 RANGE FEES - 8,400 10,000 - 10,000 1,770 8,230 Total: Dues and Fees 8,204 16,324 23,625 - 23,625 8,674 14,951 EDUCATION & TRAINING 517 290 1,500 - 1,500 35 1,465 PROFESSIONAL DEVELOPMENT UPD 3,770 10,098 10,500 - 10,500 695 9,805 GACP CONFERENCE 265 490 500 - 500 295 205 RECORDS CLERK CONFERENCE 250 - 700 - 700 - 700 AA/TAC CONFERENCE 130 250 250 - 250 - 250 CRIMINAL INVESTIGATIONS - 1,274 5,000 - 5,000 1,195 3,805 CANINE TRAINING 6,650 - 1,000 - 1,000 - 1,000 NCGLEA 3,800 2,438 1,950 - 1,950 2,238 (288) SWAT 1,001 450 1,500 - 1,500 300 1,200 CALEA CONFERENCE 670 - 1,500 - 1,500 - 1,500 R.A.D 1,900 2,940 2,000 - 2,000 - 2,000 INSTRUCTOR TRAINING - - 1,200 - 1,200 - 1,200 GPAC TRAINING 200 200 450 - 450 150 300 COMMAND COLLEGE 510 11,160 13,000 - 13,000 7,090 5,910 IACA - 1,185 - - - - - MPD EXPLORERS PROGRAM - - 5,000 - 5,000 1,145 3,855 Total: Education & Training 19,662 30,795 46,050 - 46,050 13,143 32,908 CONTRACT LABOR - 9,991 - - - - - Total: Contract Labor - 9,991 - - - - - MAINTENANCE CONTRACTS 974 - 974 974 - INMATE SERVICES - - 5,000 - 5,000 - 5,000 PROPERTY & EVIDENCE IGA 55,000 60,000 60,000 - 60,000 30,000 30,000 800 MHZ FEES TO FULTON CTY 8,116 1,672 162,000 - 162,000 76,956 85,044 INNOVATIVE DATA SOLUTIONS 4,373 4,105 4,900 - 4,900 3,238 1,662 ANIMAL CONTROL - FULTON CO 24,261 24,991 30,000 - 30,000 20,636 9,364 CHOICEPOINT/CLEAR 4,541 5,245 5,683 - 5,683 2,273 3,410 CRIME REPORTS 3,576 4,776 13,465 - 13,465 7,645 5,820 CELLEBRITE SYS 4,648 1,550 3,250 - 3,250 3,099 151 AFIS CIRCUIT 9,852 9,477 9,874 - 9,874 4,233 5,641 RING CENTRAL 480 480 500 - 500 192 308 ELECTRONIC WARRANT INTERCHANGE 1,295 1,295 1,300 - 1,300 971 329 Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals VIGILANT SOLUTIONS - 1,450 6,000 - 6,000 2,900 3,100 PEN-LINK - - 313 - 313 313 1 Total: Maintenance Contracts 116,141 115,040 303,259 - 303,259 153,430 149,829 Total: Other Purchased Services 198,704 241,095 460,365 - 460,365 207,718 252,647 Supplies GENERAL SUPPLIES 15,336 12,301 13,000 - 13,000 1,945 11,055 AMMUNITION 14,940 11,562 10,000 - 10,000 7,978 2,022 K-9 276 496 1,000 - 1,000 194 806 NEW EMPLOYEES 4,396 111 - - - - - RANGE SUPPLIES 1,794 278 1,000 - 1,000 - 1,000 FIRST AID KITS 1,482 - 500 - 500 - 500 ALCO SENSOR MOUTH PIECES 675 - 200 - 200 - 200 ID CARDS AND SETUP FEE 1,198 214 1,000 - 1,000 761 239 JAIL SUPPLIES 765 1,260 2,000 - 2,000 413 1,587 CRIME SCENE SUPPLIES - 1,353 1,500 - 1,500 - 1,500 CRIME PREVENTION - 3,140 2,000 - 2,000 - 2,000 Total: General Supplies 40,862 30,715 32,200 - 32,200 11,290 20,910 GASOLINE/DIESEL 133,675 105,493 114,987 - 114,987 34,478 80,509 FOOD/MEALS 1,318 1,061 1,500 - 1,500 662 838 CRIME PREVENTION - 175 750 - 750 109 641 BOOK & PERIODICALS 857 1,596 1,000 - 1,000 - 1,000 UNIFORMS 40,423 40,474 36,550 - 36,550 9,486 27,064 AWARDS AND RECOGNITION 276 313 2,000 - 2,000 87 1,913 BODY ARMOR 10,435 8,640 13,320 - 13,320 3,695 9,625 CRIME PREVENTION - 1,136 1,000 - 1,000 540 460 Total: Supplies/Uniforms 51,134 50,563 52,870 - 52,870 13,809 39,061 Total: Supplies 227,845 189,602 203,307 - 203,307 60,348 142,959 Machinery & Equipment FURNITURE & FIXTURES 2,735 3,138 2,000 - 2,000 - 2,000 COMPUTER / SOFTWARE - 8,495 4,797 - 4,797 4,797 0 OTHER EQUIPMENT - - - - - - - CRIME PREVENTION MATERIALS 9,857 3,351 10,000 - 10,000 743 9,257 ICOP STORAGE 565 84 750 - 750 - 750 TRAINING AIDS 300 1,286 500 - 500 - 500 FIRE EXTINGUISHERS 703 - 250 - 250 - 250 TICKET PRINTERS 960 1,411 4,000 - 4,000 - 4,000 SWAT 187 - 7,500 - 7,500 1,965 5,535 PATROL EQUIPMENT 39,724 10,370 6,500 - 6,500 264 6,236 LASERS 1,913 - - - - - - VEHICLE EQUIPMENT 1,670 7,644 - - - - - ACTIVE SHOOTER KITS 18,720 - - - - - - CELL PHONES 159 873 500 - 500 175 325 WEAPONRY 15,060 13,199 10,000 - 10,000 490 9,510 CAMERAS 15,440 - - - - - - MOTOROLA RADIOS 15,906 162,469 5,000 - 5,000 (175) 5,175 Total: Other Equipment 121,163 200,686 45,000 - 45,000 3,463 41,537 OTHER EQUIPMENT/INVESTIGATIONS CRIME SCENE EQUIP -CID - 2,796 4,000 - 4,000 2,137 1,863 Total: Other Equipment/Investigations - 2,796 4,000 - 4,000 2,137 1,863 Total: Machinery & Equipment 123,897 215,115 55,797 - 55,797 10,396 45,401 Total: Police 3,686,436 3,915,311 4,430,315 (37,808) 4,392,507 1,931,275 2,461,233 Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Vehicle Repairs & Maintenance 7,507 Total Increase 7,507$ DECREASE 1. Salaries & Wages/Regular Employees (12,444) 2. Salaries & Wages/Overtime (12,535) 3. Salaries & Wages/Holiday Pay (8,600) 4. Employee Benefits (11,736) Total Decrease (45,315)$ (37,808)$ Two adjustments make up the overall decrease to this account: -HIDTA OT reimbursement = $1,374 -OT overage = ($13,909) TOTAL BUDGET AMENDMENTS Amendment Reason Increased to account for insurance proceeds received for damaged vehicles This represents several adjustments that ultimately resulted in a decrease to appropriations as outlined below: -Account for vacancies = ($59,215) -Market adjustment = $94,993 -Career development overage = ($53,672) -Vacation buyback overage = ($4,426) -Vacation payout for retirement of 1 employee = $9,876 We are proposing a decrease in this line to reflect the changes in holiday pay that were recently approved as a part of the compensation and benefits revisions The decreases here are directly affected by the revisions to the salaries and wages Fire Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages REGULAR EMPLOYEES 3,241,823 3,290,686 3,609,291 99,969 3,709,260 1,688,760 2,020,500 OVERTIME 56,187 134,531 91,754 - 91,754 67,337 24,417 ON-CALL PAY 4,541 4,878 5,304 - 5,304 3,284 2,020 HOLIDAY PAY 194,472 191,286 210,000 (15,500) 194,500 145,454 49,046 Total: Salaries & Wages 3,497,024 3,621,381 3,916,349 84,469 4,000,818 1,904,834 2,095,984 Employee Benefits GROUP INSURANCE 586,616 615,414 - - - - - MEDICAL INSURANCE - - 630,788 - 630,788 304,916 325,872 DENTAL INSURANCE - - 50,282 - 50,282 26,919 23,363 VISION INSURANCE - - 11,780 - 11,780 6,598 5,182 LIFE INSURANCE - - 18,563 441 19,004 9,089 9,915 AD&D INSURANCE - - 512 - 512 251 261 SHORT TERM DISABILITY - - 4,092 - 4,092 1,585 2,507 LONG TERM DISABILITY - - 14,111 - 14,111 6,965 7,146 401A (SS MATCH) 133,200 140,788 141,346 5,237 146,583 76,081 70,502 FICA MEDICARE 48,478 49,896 51,591 1,225 52,816 26,327 26,489 401A ER MATCH OF 457B CONTRIBUTIONS 34,377 48,435 74,987 10,136 85,123 31,062 54,061 PENSION (GMEBS) 310,744 325,188 283,732 7,602 291,334 86,300 205,034 TUITION REIMBURSEMENT 10,001 21,902 25,200 - 25,200 5,853 19,347 UNEMPLOYMENT INSURANCE 3,087 3,239 3,100 - 3,100 2,832 268 WORKER'S COMPENSATION 76,880 85,895 107,438 2,584 110,022 65,987 44,035 FLEXIBLE SPENDING 22,050 13,125 60,078 - 60,078 12,600 47,478 Total: Employee Benefits 1,225,433 1,303,882 1,477,600 27,225 1,504,825 663,365 841,460 Purchased Professional and Technical Services PROFESSIONAL FEES - 175 - - - - - HEALTH & WELLNESS PROGRAM 16,703 18,295 17,700 - 17,700 16,870 830 TLAER TRAINING INSTRUCTOR 1,500 1,500 3,000 - 3,000 - 3,000 MEDICAL DIRECTION 20,000 20,000 20,731 - 20,731 5,731 15,000 BIO HAZARD WASTE DISPOSAL 1,482 1,047 1,500 - 1,500 476 1,024 ARSON INVESTIGATION/LAB FEES - 1,355 1,500 - 1,500 - 1,500 EMPLOYMENT BACKGROUND CHECKS - - 182 - 182 182 0 Total: Professional Fees 39,685 42,372 44,613 - 44,613 23,258 21,355 GARBAGE PICKUP 7,489 8,921 10,008 - 10,008 4,785 5,223 EQUIPMENT REPAIR & MAINT STATION EQUIPMENT R & M 7,684 7,191 29,521 - 29,521 9,350 20,171 BREATHING APPARATUS TESTING/REPAIR 5,937 7,746 7,627 - 7,627 988 6,639 INSPECT/REPAIR HYD. RESCUE TOOLS 1,565 - 8,220 - 8,220 - 8,220 APPARATUS R&M INCLUDING PUMP TEST 76,175 56,302 107,710 10,149 117,859 45,301 72,559 GAS DETECTOR REPAIR 1,887 - 2,465 - 2,465 - 2,465 NOZZLES, VALVES, APPLIANCES, HOSE 7,085 8,797 15,281 - 15,281 9,441 5,840 ANNUAL HYDRANT MAINTENANCE 3,316 2,580 2,524 - 2,524 1,380 1,144 LADDER TESTING 1,539 1,319 2,600 - 2,600 - 2,600 THERMAL IMAGING CAMERA MAINTENANCE 448 - 1,600 - 1,600 - 1,600 Total: Equipment Repair & Maintenance 105,637 83,935 177,548 10,149 187,697 66,460 121,238 FACILITY REPAIR & MAINT 17,750 9,926 7,680 - 7,680 1,561 6,119 VEHICLE REPAIR & MAINT (37) - - - - - - GROUNDS REPAIR & MAINT 363 34,222 30,000 - 30,000 8,329 21,671 Total: Purchased Professional and Technical Services 170,887 179,376 269,849 10,149 279,998 104,393 175,605 Purchased-Property Services RENTAL LAND & BUILDINGS 5,246 - - - - - - STATION 43 LEASE 145,741 - - - - - - AWARDS BANQUET - 4,015 3,200 600 3,800 2,698 1,102 Total: Rental Land & Buildings 150,987 4,015 3,200 600 3,800 2,698 1,102 Total: Purchased-Property Services 150,987 4,015 3,200 600 3,800 2,698 1,102 Other Purchased Services COMMUNICATIONS 15,690 16,240 16,292 - 16,292 9,239 7,053 POSTAGE 418 155 1,000 - 1,000 20 980 PRINTING 461 320 800 - 800 48 752 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Fire Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals TRAVEL 1,797 622 100 - 100 40 60 GA FIRE CHIEF'S CONFERENCE - 498 720 - 720 - 720 INTERNATIONAL ASSOC OF FIRE CHIEFS 79 440 3,828 - 3,828 - 3,828 SOUTHEASTERN FIRE CHIEFS ASSOC - - 1,250 - 1,250 - 1,250 FDIC 2,536 5,553 4,470 - 4,470 - 4,470 GA EMS & EDUCATORS CONFERENCE 549 1,299 1,000 - 1,000 - 1,000 ARSON SEMINAR 198 419 1,170 - 1,170 - 1,170 FIRE INSPECTOR SYMPOSIUM - 103 270 - 270 - 270 NFA EXECUTIVE FIRE OFFICER PROGRAM 601 585 325 - 325 - 325 Total: Travel 5,909 9,518 13,133 - 13,133 40 13,093 DUES AND FEES 246 99 - - - 37 (37) PROFESSIONAL LICENSE RENEWALS 63 - - - - - - SUBSCRIPTIONS 102 100 210 - 210 - 210 NATIONAL REGISTRY 178 145 200 - 200 20 180 GA STATE EMS RECERTIFICATION - - 4,500 - 4,500 2,550 1,950 INTERNATIONAL ASSOC OF EMERG MGT 185 185 190 - 190 190 - INTERNATIONAL ASSOC OF FIRE CHIEFS 888 1,448 2,065 - 2,065 - 2,065 NATIONAL FIRE PROTECTION AGENCY 1,276 1,583 1,600 - 1,600 1,521 80 GA ASSOC OF FIRE CHIEFS 375 413 700 - 700 - 700 CPSE CFO RECERTIFICATION 700 - 375 - 375 - 375 GEORGIA FIRE INVESTIGATOR ASSOCIATION 105 80 100 - 100 25 75 ADVANCED CARDIOVASCULAR LIFE SUPPORT - 216 252 - 252 252 - PEDIATRIC ADVANCED LIFE SUPPORT 420 300 450 - 450 240 210 PREHOSPITAL TRAMA LIFE SUPPORT 623 270 270 - 270 - 270 ADVANCED MEDICAL LIFE SUPPORT 375 320 225 - 225 - 225 EMERGENCY PEDIATRIC CARE - - 225 - 225 - 225 ALTERNATE FUEL HWY IMPACT FEE - 667 800 - 800 650 150 Total: Dues & Fees 5,535 5,825 12,162 - 12,162 5,485 6,678 EDUCATION & TRAINING 6,988 1,090 2,850 (880) 1,970 1,820 150 PROFESSIONAL DEVELOPMENT 434 811 2,250 - 2,250 410 1,840 MGMT PROFESSIONAL DEV - 1,154 - - - - - GA FIRE CHIEF'S CONFERENCE - 225 300 - 300 - 300 INTERNATIONAL ASSOC OF FIRE CHIEFS 1,625 - 1,845 - 1,845 - 1,845 SOUTHEASTERN FIRE CHIEFS ASSOC - - 300 - 300 - 300 FDIC 1,190 2,180 1,635 - 1,635 - 1,635 GA EMS & EDUCATORS CONFERENCE - 260 200 - 200 - 200 ARSON SEMINAR - - 150 - 150 - 150 FIRE INSPECTOR SYMPOSIUM - - 300 - 300 - 300 IN-HOUSE PARAMEDIC CLASS - - 30,210 - 30,210 24,000 6,210 Total: Education & Training 10,237 5,720 40,040 (880) 39,160 26,230 12,930 MAINTENANCE CONTRACTS 800 MHZ FEES TO FULTON COUNTY 3,871 804 81,000 - 81,000 38,479 42,521 PEST CONTROL - FIRE STATIONS 1,678 1,248 1,698 - 1,698 218 1,481 FIRE EXTINGUISHER INSPECT. 1,839 2,469 3,000 - 3,000 1,806 1,194 CODE RED MAINTENANCE 12,000 12,000 12,000 - 12,000 12,000 - LIFEPAK MAINTENANCE 3,939 10,123 7,901 - 7,901 7,901 0 FUEL MASTER - - 815 - 815 58 757 Total: Maintenance Contracts 23,326 26,643 106,414 - 106,414 60,462 45,952 Total: Other Purchased Services 61,576 64,421 189,841 (880) 188,961 101,524 87,437 Supplies GENERAL SUPPLIES/SUPPRESSION 16,137 13,060 15,424 - 15,424 6,181 9,243 OXYGEN REFILLS 746 1,016 2,508 - 2,508 142 2,366 MEDICAL SUPPLIES 22,482 17,656 18,000 - 18,000 8,822 9,178 Total: General Supplies/Suppression 39,365 31,732 35,932 - 35,932 15,145 20,787 GENERAL SUPPLIES/PREVENTION 117 - - - - - - PREVENT. & EDU MAT. 3,644 2,966 2,500 - 2,500 1,099 1,402 HEART READY CITY PGR 2,398 3,032 5,461 - 5,461 718 4,743 Total: General Supplies/Prevention 6,159 5,999 7,961 - 7,961 1,816 6,145 WATER / SEWAGE 1,752 4,151 6,220 - 6,220 1,249 4,971 Fire Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals NATURAL GAS 11,990 11,547 14,496 - 14,496 4,587 9,909 ELECTRICITY 24,422 22,315 18,000 - 18,000 10,570 7,430 GASOLINE/DIESEL 29,848 28,278 42,000 - 42,000 17,240 24,760 FOOD/MEALS 633 594 800 - 800 223 577 BOOKS & PERIODICALS/TRAINING MATERIALS 1,947 1,274 9,640 - 9,640 9,651 (11) TELECOMMUNICATIONS 3,537 3,660 4,140 - 4,140 2,014 2,126 UNIFORMS - FIRE STANDARD UNIFORMS 27,151 28,314 38,985 - 38,985 6,866 32,119 TURN OUT GEAR 34,258 11,075 75,020 - 75,020 25,725 49,295 CLASS A UNIFORMS - 11,231 9,750 - 9,750 2,536 7,214 Total: Uniforms 61,409 50,621 123,755 - 123,755 35,127 88,628 Total: Supplies 181,062 160,169 262,944 - 262,944 97,622 165,322 Machinery & Equipment MACHINERY & EQUIPMENT / MACHINERY 824 49 700 - 700 - 700 FURNITURE & FIXTURES / PREVENTION 10,149 7,352 4,375 - 4,375 1,980 2,395 OTHER EQUIPMENT 30,553 5,578 - - - - - SMALL EQUIPMENT 3,159 15,836 21,486 - 21,486 10,572 10,914 EMS TRAINING AIDS 1,524 1,958 - - - - - RADIO CHARGERS & SPARE BATTERIES 4,486 659 3,768 - 3,768 - 3,768 CELL PHONES - 174 1,200 - 1,200 24 1,176 MOTOROLA RADIOS 5,616 107,849 45,862 - 45,862 16,858 29,004 Total: Other Equipment 45,338 132,054 72,316 - 72,316 27,455 44,861 Total: Machinery & Equipment 56,311 139,456 77,391 - 77,391 29,435 47,956 STATION 43 CAPITAL LEASE PRINCIPAL - 152,767 305,038 - 305,038 305,038 0 STATION 43 CAPITAL LEASE INTEREST - 68,177 56,943 - 56,943 56,942 1 Total: Debt Service - 220,944 361,981 - 361,981 361,979 2 Total: Fire 5,343,279 5,693,645 6,559,155 121,563 6,680,718 3,265,851 3,414,868 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Salaries & Wages/Regular Employees 99,969 2. Employee Benefits 27,225 3. Apparatus Repair & Maintenance 10,149 4. Awards Banquet 600 Total Increase 137,943$ DECREASE 1. Salaries & Wages/Holiday Pay (15,500) 2. Education and Training (880) Total Decrease (16,380)$ 121,563$ Transfer funds to IT to cover the increased maintenance costs for TargetSolutions TOTAL BUDGET AMENDMENTS Amendment Reason Increased to account for insurance proceeds received for damaged vehicles Increased to account for donations received for the awards banquet We are proposing a decrease in this line to reflect the changes in holiday pay that were recently approved as a part of the compensation and benefits revisions This represents several adjustments that ultimately resulted in an increase to appropriations as outlined below: -Vacancies in department = ($17,299) -Market Adjustment = $114,185 -Career Development overage = ($33,300) -PTO Buyback overage = ($2,167) -Vacation Payout @ retirement for 4 employees = $38,550 The increases here are directly affected by the revisions to the salaries and wages Parks and Recreation Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 149,689 166,360 189,365 - 189,365 77,427 111,938 Total: Salaries & Wages 149,689 166,360 189,365 - 189,365 77,427 111,938 Employee Benefits GROUP INSURANCE 20,802 25,524 - - - - - MEDICAL INSURANCE - - 20,348 - 20,348 14,511 5,837 DENTAL INSURANCE - - 1,622 - 1,622 1,171 451 VISION INSURANCE - - 380 - 380 286 94 LIFE INSURANCE - - 801 - 801 400 401 AD&D INSURANCE - - 22 - 22 11 11 SHORT TERM DISABILITY - - 132 - 132 54 78 LONG TERM DISABILITY - - 597 - 597 307 290 401A (SS MATCH) 5,613 7,409 8,393 - 8,393 3,628 4,765 FICA MEDICARE 2,070 2,197 2,618 - 2,618 1,018 1,600 401A ER MATCH OF 457B CONTRIBUTIONS - 6,068 9,133 - 9,133 4,019 5,114 PENSION (GMEBS) 11,586 8,805 8,485 - 8,485 4,496 3,989 UNEMPLOYMENT INSURANCE 263 249 500 - 500 93 407 WORKER'S COMPENSATION 3,630 4,405 4,720 - 4,720 2,989 1,731 FLEXIBLE SPENDING - 1,125 1,938 - 1,938 1,500 438 Total: Employee Benefits 43,963 55,781 59,689 - 59,689 34,483 25,206 Purchased Professional and Technical Services PROFESSIONAL FEES 5,901 10,487 19,525 - 19,525 2,969 16,556 CONTRACTED PARK MOWING & LITTER PICKUP 164,101 264,181 445,000 - 445,000 139,423 305,577 Total: Professional Fees/Contracted 164,101 264,181 445,000 - 445,000 139,423 305,577 FACILITY REPAIR & MAINT 10,245 13,391 45,000 - 45,000 2,647 42,353 LIGHTING MAINTENANCE 302 497 500 - 500 941 (441) Total: Facility Repair & Maintenance 10,547 13,889 45,500 - 45,500 3,587 41,913 VEHICLE REPAIR & MAINT - 1,520 1,785 - 1,785 1,112 673 GROUNDS REPAIR & MAINT 54,865 23,093 95,000 - 95,000 53,667 41,333 Total: Purchased Professional and Technical Services 235,414 313,169 606,810 - 606,810 200,758 406,052 Purchased-Property Services RENTAL LAND & BUILDINGS 7,500 - - - - - - FCBOE LEASE 10,604 26,006 38,000 - 38,000 - 38,000 Total: Rental Land & Buildings 18,104 26,006 38,000 - 38,000 - 38,000 RENTAL EQUIPMENT & VEHICLES 8,380 8,973 12,550 - 12,550 - 12,550 Total: Purchased-Property Services 26,484 34,978 50,550 - 50,550 - 50,550 Other Purchased Services COMMUNICATIONS 1,172 1,270 1,476 - 1,476 861 615 BROADWELL PAVILION 191 - - - - - - Total: Communications 1,363 1,270 1,476 - 1,476 861 615 POSTAGE 70 6 50 - 50 27 23 ADVERTISING 432 - - - - - - PRINTING 48 65 300 - 300 240 60 TRAVEL: Nat'l GRPA, Meals & Mileage 593 658 2,593 - 2,593 2,972 (379) DUES AND FEES: GRPA Dues 644 735 1,500 - 1,500 610 890 ADMISSION FEES - 1,608 - 2,400 2,400 - 2,400 EDUCATION & TRAINING: Nat'l RPA 736 400 2,100 - 2,100 1,800 300 CONTRACT LABOR: For programs & activities 4,350 4,940 5,200 - 5,200 - 5,200 IGA-ALPHARETTA PARKS & REC 326,458 435,916 362,607 - 362,607 362,607 1 PEST CONTROL-P&R FACILITIES - 2,330 3,000 - 3,000 878 2,123 REC1 - - 900 - 900 300 600 PORTABLE TOILET RENTAL 3,118 1,625 2,520 - 2,520 1,394 1,126 Total: Other Purchased Services 337,812 449,554 382,246 2,400 384,646 371,688 12,958 Supplies GENERAL SUPPLIES 8,631 21,357 20,000 - 20,000 20,319 (319) WATER/SEWERAGE 30,424 34,168 70,000 - 70,000 1,455 68,545 NATURAL GAS 961 1,406 2,300 - 2,300 842 1,458 ELECTRICITY 4,994 31,232 47,400 - 47,400 17,326 30,074 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Parks and Recreation Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals GASOLINE 492 448 500 - 500 147 353 FOOD/MEALS 645 1,892 500 - 500 237 263 UNIFORMS - 272 - - - (7) 7 Total: Supplies 46,147 90,776 140,700 - 140,700 40,320 100,380 Machinery & Equipment FURNITURE & FIXTURES - 120 1,000 - 1,000 21 979 FURNITURE & FIXTURES - 8,015 - - - - - Total Machinery & Equipment - 8,135 1,000 - 1,000 21 979 Total: Parks & Recreation 839,510 1,118,753 1,430,360 2,400 1,432,760 724,697 708,063 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Dues & Fees/Admission Fees 2,400 Total Increase 2,400$ 2,400$ TOTAL BUDGET AMENDMENTS Amendment Reason Increase to account for donations received for Joyful Soles Debt Service Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Debt Service - Principal BOND PRINCIPAL - - 592,000 - 592,000 592,000 - CAPITAL LEASE PRINCIPAL 174,340 - - - - - - Total: Debt Service - Principal 174,340 - 592,000 - 592,000 592,000 - Debt Service - Interest BOND INTEREST - - 126,112 134,400 260,512 134,400 126,112 CAPITAL LEASE INTEREST 80,282 - - - - - - Total: Debt Service - Interest 80,282 - 126,112 134,400 260,512 134,400 126,112 Total: Debt Service 254,622 - 718,112 134,400 852,512 726,400 126,112 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Bond Interest 134,400 Total Increase 134,400$ 134,400$ FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Amendment Reason Increased to cover additional interest payment on the revenue bond that was not in the original FY17 budget request TOTAL BUDGET AMENDMENTS Other Financing Uses Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Operating Transfers Out TO CAPITAL PROJECTS FUND 4,419,133 18,882,220 5,993,380 (77,412) 5,915,968 2,996,690 2,919,278 TO CAPITAL GRANT FUND 600,180 911,202 - - - - - TO CAPITAL PROJECTS FUND-REVENUE BOND 6,258,569 2,825,653 - - - - - TO SPECIAL EVENTS - - 10,550 - 10,550 5,275 5,275 Total: Operating Transfers Out 11,277,882 22,619,075 6,003,930 (77,412) 5,926,518 3,001,965 2,924,553 Total: Other Financing Uses 11,277,882 22,619,075 6,003,930 (77,412) 5,926,518 3,001,965 2,924,553 BUDGET AMENDMENT NOTES Account Name Amount DECREASE 1. Operating Transfers Out to Capital Projects Fund (134,400) Total Decrease (134,400)$ (134,400)$ Amendment Reason Since we are moving the cell tower lease revenues to the Capital Projects Fund, we are reducing the Operating Transfers. TOTAL BUDGET AMENDMENTS FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Other Costs Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Contingencies CONTINGENCY - - 212,228 (134,400) 77,828 - 77,828 Total: Contingencies - - 212,228 (134,400) 77,828 - 77,828 Total: Other Costs - - 212,228 (134,400) 77,828 - 77,828 BUDGET AMENDMENT NOTES Account Name Amount DECREASE 1. Contingency (134,400) Total Decrease (134,400)$ (134,400)$ FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Amendment Reason Decreased to cover additional interest payment on the revenue bond that was not in the original FY17 budget request TOTAL BUDGET AMENDMENTS CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project- length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) Capital Projects Fund Revenues Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) INFRASTRUCTURE MAINTENANCE FEES 95,529 110,713 95,000 - 95,000 27,460 67,540 PENALTIES & INTEREST/OTHER 844 - - - - - - INFRASTRUCTURE MAINTENANCE P&I - 1,397 - - - 25 (25) SIDEWALK REPLACEMENT 82,429 10,488 - - - - - TRAFFIC CALMING 1,329 - - - - - - TREE RECOMPENSE 147,000 94,000 - 17,000 17,000 17,000 - LANDFILL USE FEES 152,410 106,274 140,000 - 140,000 30,317 109,683 INTEREST REVENUE 409 835 - - - 46 (46) DONATION/PARKS & RECREATION 100,000 - - - - - - CELL TOWER LEASE - - - 77,412 77,412 43,848 33,564 INSURANCE PROCEEDS 10,225 - - - - - - INSURANCE PROCEEDS/PARKS & REC - 14,399 - - - - - OTHER MISCELLANEOUS REVENUE 4,921 - - - - - - OTHER MISC REV/ATLANTA HIDTA STIPEND - 6,000 - 3,000 3,000 3,000 - OPERATING TRANSFERS IN FROM GENERAL FUND 4,419,133 18,882,220 5,993,380 (77,412) 5,915,968 2,996,690 2,919,278 OPERATING TRANSFERS IN FROM CAPITAL GRANT FUND - 48,666 100,000 - 100,000 50,000 50,000 OPERATING TRANSFERS IN FROM E-911 FUND 400,000 - - - - - - OPERATING TRANSFERS IN FROM IMPACT FEE FUND/LAW ENFORCEMENT - 15,750 15,557 - 15,557 - 15,557 OPERATING TRANSFERS IN FROM IMPACT FEE FUND/FIRE - 90,252 89,145 - 89,145 - 89,145 OPERATING TRANSFERS IN FROM IMPACT FEE FUND/ROAD - 112,632 111,251 - 111,251 - 111,251 OPERATING TRANSFERS IN FROM IMPACT FEE FUND/PARK - 671,394 668,123 - 668,123 - 668,123 PROCEEDS OF SALE OF ASSETS - - - - - - - Total Revenue 5,414,229 20,165,019 7,212,456 20,000 7,232,456 3,168,386 4,064,070 Expenditures Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Mayor & Council LAND CONSERVATION 375,158 1,000 809,069 - 809,069 4,890 804,179 GREEN SPACE BOND INITIATIVE - 2,480 197,520 - 197,520 42,647 154,873 Mayor & Council Total 375,158 3,480 1,006,589 - 1,006,589 47,537 959,052 General Admin VEHICLES / REPLACEMENT RESERVE 19,414 - 13,762 - 13,762 - 13,762 General Admin Total 19,414 - 13,762 - 13,762 - 13,762 Finance COMPUTER / SOFTWARE 15,654 - - - - - - Finance Total 15,654 - - - - - - Information Technology SOFTWARE - - 200,000 - 200,000 - 200,000 COMPUTER REFRESH - - 18,600 - 18,600 18,599 1 Information Technology Total - - 218,600 - 218,600 18,599 200,001 General Government Buildings CITY HALL - 6,575,677 5,021,494 30,000 5,051,494 3,640,284 1,411,210 SR9 COURT/FIRE/POLICE COMPLEX - - - 800,000 800,000 - 800,000 General Government Buildings Total - 6,575,677 5,021,494 830,000 5,851,494 3,640,284 2,211,210 Municipal Court FACILITY RENOVATIONS - 1,700 (1,700) 1,700 - - - Municipal Court Total - 1,700 (1,700) 1,700 - - - Police PUBLIC SAFETY COMMUNICATIONS 1,654,794 23,208 269,865 - 269,865 226,240 43,625 VEHICLES / REPLACEMENT RESERVE 242,020 144,055 208,474 3,000 211,474 155,738 55,736 AUTOMATED LICENSE PLATE READERS - 20,000 - - - - - POLICE FACILITY - - 800,000 (800,000) - - - Police Total 1,896,814 187,263 1,278,339 (797,000) 481,339 381,978 99,361 FY 2015 Actuals FY 2015 Actuals FY 2017 FY 2017 Unaudited Actuals FY 2016 Unaudited Actuals FY 2016 Capital Projects Fund Expenditures Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Fire STATION REPAIR/ROOF REPLACEMENT STATION 42 - - 10,000 - 10,000 - 10,000 STATION 43 PARKING LOT REPAIR - 74,853 38,791 - 38,791 - 38,791 STATION 42 REPLACEMENT 6,000 - - - - - - STATION 41 GENERATOR REPLACEMENT 38,189 - - - - - - FUEL MANAGEMENT SYSTEM 29,822 - 3,178 - 3,178 - 3,178 VEHICLE REPLACEMENT RESERVE 104,368 1,018,394 1,001,693 - 1,001,693 - 1,001,693 AED UNITS 27,435 1,650 17,133 - 17,133 910 16,223 MASS NOTIFICATION SIRENS 8,925 3,515 74,805 - 74,805 1,800 73,005 FIRE SAFETY HOUSE - - - - - - - LIVE FIRE TRAINING FACILITY 12,075 8,110 529,815 - 529,815 - 529,815 Fire Total 236,539 1,106,522 1,675,415 - 1,675,415 2,710 1,672,705 Public Works CONSTRUCTION INSPECTORS - - 78,688 - 78,688 - 78,688 TRANSPORTATION MASTER PLAN UPDATE 47,064 178,080 - - - - - GRAVEL ROADS MAINTENANCE 70,457 72,888 174,039 - 174,039 55,632 118,407 STORMWATER MAINTENANCE 282,047 296,663 280,181 - 280,181 2,338 277,844 NPDES PERMIT COMPLIANCE 1,109 350 357,391 - 357,391 724 356,667 PAVEMENT MANAGEMENT 1,178,706 2,016,431 2,244,499 - 2,244,499 40,903 2,203,596 STORAGE BUILDING & YARD CONSTRUCTION - - 244,622 - 244,622 285 244,337 INFRASTRUCTURE / TRAFFIC CALMING 2,659 - 100,904 - 100,904 - 100,904 INFRASTRUCTURE / RESTRIPING - 70,940 111,012 - 111,012 - 111,012 REPLACE SCHOOL ZONE FLASHERS 53,820 - - - - - - INFRASTRUCTURE / BRIDGE REPLACEMENT 76,655 10,840 950,643 - 950,643 - 950,643 INFRASTRUCTURE / SIDEWALKS 22,089 418,801 1,010,427 - 1,010,427 2,562 1,007,865 BETHANY@COGBURN RD INTERSECTION IMPROVMTS - - - - - - - HOPEWELL/FRANCIS/COGBURN INTERSECTION 5,804 - 13,148 - 13,148 - 13,148 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 254,259 1,135,336 201,153 - 201,153 (52,844)253,997 INTERSECTION/HOPEWELL @ BETHANY BND/BETHANY WAY - 22,731 229,352 - 229,352 - 229,352 INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM 2,663 536 1,646,718 - 1,646,718 35,275 1,611,443 INFRASTRUCTURE/CRABAPPLE NE CONNECTOR - - 50,000 - 50,000 - 50,000 INTERSECTION/WEBB RD TURN LANES 7,000 172,500 5,500 - 5,500 - 5,500 GREEN RD PEDESTRIAN LIGHTING 75,149 - - - - - - VEHICLES / NEW VEHICLES 66,176 4,684 49,543 - 49,543 - 49,543 ASSET MANAGEMENT SOFTWARE - 4,800 55,200 - 55,200 - 55,200 OTHER EQUIPMENT 11,000 13,858 - - - - - NORTH FULTON TRANSPORTATION PLAN - 24,000 - - - - - Public Works Total 2,156,657 4,443,437 7,803,020 - 7,803,020 84,874 7,718,146 Parks & Recreation PROF FEEES/PARKS & REC 15 YEAR COMP PLAN - - 75,000 - 75,000 - 75,000 PROF FEES/STRUCTURE DEMOLITION - 27,600 - - - - - NORTHWESTERN MIDDLE IGA IMPROVEMENTS 186,462 11,998 - - - - - PROVIDENCE PARK 24,445 3,500 310,110 - 310,110 49,235 260,875 BYRD HOUSE RENOVATIONS 438,859 14,972 63,497 - 63,497 44,139 19,358 BROADWELL PARK PAVILION 531,350 - 50,000 - 50,000 51,765 (1,765) PARK & TRAIL EXPANSION 34,809 - 3,161,246 - 3,161,246 10,000 3,151,246 UTILITY VEHICLE - 12,140 2,862 - 2,862 - 2,862 NEW VEHICLES 26,921 - - - - - - Parks & Recreation Total 1,242,846 70,210 3,662,715 - 3,662,715 155,138 3,507,577 Community Development PROFESSIONAL FEES - - 28,500 - 28,500 8,000 20,500 DOWNTOWN MILTON MASTER PLAN - 63,792 16,208 - 16,208 5,343 10,866 FORM BASED CODE/TDR ORDINANCE 29,220 - - - - - - GATEWAY SIGNAGE & HISTORIC MARKERS 4,175 8,904 184,771 (30,000) 154,771 3,450 151,321 UNIFIED DEVELOPMENT CODE - - 171,500 - 171,500 - 171,500 SITE IMPROVEMENT/TREE RECOMPENSE 94,838 30,743 223,774 17,000 240,774 1,246 239,528 Community Development Total 128,233 103,439 624,753 (13,000) 611,753 18,039 593,715 Unallocated TRANSFER TO THE GENERAL FUND - - 243,000 - 243,000 121,500 121,500 Unallocated Total - - 243,000 - 243,000 121,500 121,500 Total Expenditures 6,071,314 12,491,729 21,545,987 21,700 21,567,687 4,470,659 17,097,029 FY 2015 Actuals FY 2017 Unaudited Actuals FY 2016 Capital Projects Fund Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) TOTAL REVENUES OVER/(UNDER) EXPENDITURES (657,085) 7,673,289 (14,333,531) (1,700) (14,335,231) (1,302,272) (13,032,959) BEGINNING FUND BALANCE 7,881,578 7,224,493 14,897,782 14,897,782 14,897,782 14,897,782 14,897,782 ENDING FUND BALANCE 7,224,493 14,897,782 564,251 14,896,082 562,551 13,595,510 1,864,823 BUDGET AMENDMENT NOTES Account Name REVENUES 1. Tree Recompense 17,000 2. Cell Tower Lease 77,412 3. Other Misc Revenue/Atlanta HIDTA Stipend 3,000 4. Operating Transfers In From General Fund (77,412) 20,000$ EXPENDITURES 1. General Govt Bldgs/City Hall 30,000 2. General Govt Bldgs/SR9 Court/Fire/Police Complex 800,000 3. Municipal Court/Facility Renovations 1,700 3. Police/Vehicle Replacement Reserve 3,000 4. Police/Police Facility (800,000) 5. Community Development/Gateway Signage & Historic Markers (30,000) 2. Community Development/Tree Recompense 17,000 21,700$ 21,700$ FY 2015 Actuals Unaudited Actuals FY 2016 FY 2017 Increasing appropriations because during the FY17 budget process, more funds than were available were removed from the rollover budget balance from FY16 Moving the appropriations out of the Police department and into the General Govt Bldgs department Transferring appropriations from Signage account to cover City Hall signs Transfer reduced to account for cell tower lease payments budget being moved from the general fund to the capital projects fund Increased to reflect $500/mth for vehicle stipend for HIDTA officer Moving appropriations for cell tower lease revenues from the General Fund to the Capital Projects Fund Amendment Reason Increased to account for funds received. The offset is the Tree Recompense expenditure account. TOTAL BUDGET AMENDMENTS Increased to account for tree recompense funds collected Transferring appropriations from Signage account to cover City Hall signs Moving the appropriations out of the Police department and into the General Govt Bldgs department Increased to account for the vehicle stipend from Atlanta HIDTA CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. Revenues Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FED GOV GRANT/CAPITAL/IND/GDOT CRABAPPLE STREETSCAPE - - 500,000 - 500,000 - 500,000 FED GOV GRANT/CAPITAL/IND/GDOT TAP (BIG CREEK) 41,891 96,732 50,000 - 50,000 50,000 - FED GOV GRANT/CDBG - 32,619 9,340 - 9,340 - 9,340 STATE GOV GRANT/LMIG FUNDS 278,684 280,076 200,000 169,450 369,450 369,450 (0) STATE GOV GRANT/GDOT HPP FUNDS 614,695 2,201,468 3,736,940 - 3,736,940 - 3,736,940 STATE GOV GRANT/MARTA GRANT 102,705 2,788 71,863 - 71,863 71,861 2 STATE GOV GRANT/SR 9 @ BETHANY BND 16,854 - 872 - 872 - 872 STATE GOV GRANT/GDOT LANDSCAPE - - 4,062 - 4,062 - 4,062 LOCL GOV GRANT/ALPHARETTA & NORTH FULTON CID 15,000 - - - - - - INTEREST REVENUE 82 250 - - - 79 (79) OPERATING TRANSFER IN FROM GENERAL FUND 600,180 911,202 - - - - - Total Revenue 1,670,091 3,525,134 4,573,077 169,450 4,742,527 491,391 4,251,136 Expenditures Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Public Works PAVEMENT MANAGEMENT 278,684 280,076 200,000 169,450 369,450 - 369,450 INFRASTRUCTURE / BHAM @ PROVIDENCE 1,835 - - - - - - INFRASTRUCTURE/CRABAPPLE @ B'HAM 3,353,225 458,122 4,117,670 - 4,117,670 113,619 4,004,051 INFRASTRUCTURE/SIDEWALKS 16,200 16,419 9,340 - 9,340 - 9,340 INFRASTRUCTURE/MARTA 480 71,862 - - - - - INFRASTRUCTURE/CRABAPPLE STREETSCAPE 30,750 17,433 625,999 - 625,999 5,678 620,321 INFRASTRUCTURE/SR 9@BETHANY BEND 777 2,000 - - - - - INFRASTRUCTURE/TRAIL CONN TO BIG CREEK GREENWAY 121,143 62,590 - - - - - Public Works Total 3,803,092 908,502 4,953,009 169,450 5,122,459 119,297 5,003,162 Community Development BRANDING & SIGNAGE - - 4,900 - 4,900 - 4,900 Community Development Total - - 4,900 - 4,900 - 4,900 Other Financing Uses OPERATING TRANSFER OUT TO CAPITAL PROJ FUND - 48,666 100,000 - 100,000 50,000 50,000 Other Financing Uses Total - - - - - - - Expenditures Total 3,803,092 957,168 5,057,909 169,450 5,227,359 169,297 5,058,062 TOTAL REVENUES OVER/(UNDER) EXPENDITURES (2,133,001) 2,567,966 (484,832) - (484,832) 322,093 (806,925) BEGINNING FUND BALANCE 50,032 (2,082,969) 484,997 484,997 484,997 484,997 484,997 ENDING FUND BALANCE (2,082,969) 484,997 165 484,997 165 807,090 (321,929) BUDGET AMENDMENT NOTES Account Name REVENUES 1. State Gov Grant/LMIG 169,450 169,450$ EXPENDITURES 1. Public Works/Pavement Management 169,450 169,450$ 169,450$ FY 2015 Actuals FY 2015 Actuals Amendment Reason Unaudited Actuals FY 2016 FY 2017 Unaudited Actuals FY 2016 FY 2017 Increased to account for additional funds received for the Local Maintenance & Improvement Grant (LMIG) Increased to reflect funds received from LMIG TOTAL BUDGET AMENDMENTS Page 1 of 2 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2017 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on May 1, 2017 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2017 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2017 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2017 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 1st day of May, 2017. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Karen Thurman Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Bill Lusk Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk MILTON"It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ril 14, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of ZM17-01 - 14505 Batesville Road zoned AG -1 with Use Permit by LRF Milton, LLC (Little River Farms) To modify conditions 2.a AND 3.b (U 14-02) for relocation of parking lot and additional driveway to additional parking lot. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 -APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.ANO CITY ATTORNEY REVIEW REQUIRED: () YES (4'1�0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Gu)zq )2_0)') 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us H Page 1 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 ZM17-01 PROPERTY INFORMATION ADDRESS 14505 Batesville Road DISTRICT, LAND LOT 2/2, 662 and 707 OVERLAY DISTRICT Rural Milton Overlay EXISTING ZONING AG-1 (Agricultural) and Use Permits U14-02 for a Rural Event Facility and U14-01 for a Bed and Breakfast ACRES 47.7 EXISTING USE Rural Event Facility and a Bed and Breakfast OWNER The George H. Ivey Jr. Dynasty Trust 14505 Batesville Road Milton, GA 30004 APPLICANT LRF Milton, LLC 8399 Dunwoody Place, Building 6, Suite 200 Sandy Springs, GA 30350 REPRESENTATIVE Richard A. Kaye 1555 Peachtree Street NE, Suite. 850 Atlanta, Georgia 30309 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM17-01 - DENIAL The proposed request to revise the site plan associated with Conditions 2.a. and 3.b. to reflect the additional driveway and additional parking should be denied. ZM17-01 – APPROVAL CONDITIONAL Conditions 2.a. and 3.b. only for relocated parking near the pavilion and bed and breakfast in the northwest portion of property. INTENT To modify conditions 2.a. and 3.b. (U14-02) for relocation of parking lot and additional driveway to additional parking lot. Page 2 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 LOCATION MAP Page 3 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 CURRENT ZONING Page 4 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 U14-02 – Site Plan Submitted August 19, 2004 Page 5 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 U14-02 – Site Plan Submitted August 19, 2004 (Detailed) Page 6 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 Revised Site Plan Submitted on April 4, 2017 Page 7 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 Enlarged view of Revised Site Plan Submitted April 4, 2017 Page 8 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 History and Background The subject site is zoned AG-1 (Agricultural) and developed with a 10,500 square foot single family residence and other accessory structures built between 1910 and the present on 47.7 acres. The Mayor and City Council approved a Use Permit for a Rural Event Facility on September 22, 2014 pursuant to U14-02. There is also an existing 2,748 atrium (pavilion) that has served as the primary location for events since the inception of the business. At the time of the approval of the event facility, the applicant, Staff and the surrounding neighborhoods proposed specific conditions regarding the days, times and amount of noise permitted for the facility. In addition, the Mayor and City Council approved a Use Permit for a 4 bedroom bed and breakfast on August 18, 2014 pursuant to U14-01. The bed and breakfast is utilized to accommodate guests using the event facility. The applicant is requesting to 1) the relocation of existing main parking as previously indicated on the Site Plan submitted August 19, 2014; 2) an additional, smaller parking lot on the Property and; 3) an additional driveway to a point of ingress and ingress to the Property site. CZIM Meeting – March 28, 2017 The applicant was present with their representative at the meeting. There were six neighbors who were also present. The majority of the neighbors live in Valmont Subdivision located on the south side of Taylor Road. They were concerned about the proposed new parking and conversion of a barn that has been previously utilized as a horse barn to an additional event space and the use of an existing driveway from Batesville to be utilized for the converted barn. In addition, the neighbors voiced concern over the existing noise from the event facility and if an additional event space is located even closer to the subdivision, its impact of noise and lights. The applicant responded that the Use Permit already contemplated all the buildings used as a rural event facility and it was not an issue. The applicant stated that they were planning to close up the barn doors that face Taylor Road so that noise would not emit from that direction. In addition, they agreed to relocate the driveway in such a manner to so that the headlights from cars would not directly impact the homes adjacent to Taylor Road. Since the time of the meeting, the applicant has proposed more stringent hours of operation for the barn to be Friday through Saturday hours shall be 9:00 a.m. to 10:00 p.m. with music ending no later than 10:00 p.m. Page 9 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 Current Request – ZM17-01 Proposed Modification to Conditions (U14-02) 1) To the owner’s agreement to restrict the use of the subject property as follows: a) A rural event facility. b) The number of attendees shall not exceed 250 people for any single event. c) The hours of operation shall be the following: i. Friday through Saturday, 9:00 a.m. to 11:00 p.m., music ends no later than 11:00 pm, Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at midnight. ii. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no later than 10:00 pm, Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at 11:00 pm. iii. Amplified sound of music shall be located within the enclosed portion of the atrium. iv. All deliveries shall enter off of Batesville Road. v. When portable toilets are used, they shall not be viewed from Batesville Road and Taylor Road. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 4, 2017 August 19, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: Page 10 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 a) A 10,536 square foot structure, a 4,296 square foot atrium, and all other buildings shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on August 19, 2014. b) The location and number of parking spaces shall be as depicted on the revised site plan received on April 4, 2017 August 19, 2014. All events with more than 75 attendees shall be required to have valet service and provide a minimum of one off-duty police officer for such events. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, 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 meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way. Analysis and Recommendation The proposed revised site plan to show the location of existing parking for the primary meeting area by the house and pavilion is supported by the Staff, as it shows the actual location of parking versus the site plan submitted in 2014 which is inaccurate. The applicant is proposing a new parking area and associated hardscape/landscape improvements and utilization of an existing driveway on Batesville Road near the intersection of Batesville and Taylor Roads to serve the barn which has been utilized in the past as a horse barn. Although the conditions of U14-02 include all of the buildings (but the foot print of the structures shall not be expanded) within the legal description of the site, the barn to be converted into an event space was not contemplated or discussed at the time of the Planning Commission Meeting or City Council Meeting held in 2014. It is Staff’s opinion that based on the location of the barn, which is approximately 375 feet from the centerline of Taylor Road and 615 feet to the nearest home in Valmont and the change of the use of the barn from a horse barn to an event venue, the proposed request to revise the site plan associated with Conditions 2.a. and 3.b. to reflect the additional driveway and parking should be denied. Page 11 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 Staff is in support of the request to revise the site plan associated with Conditions 2.a. and 3.b. to reflect only the relocated parking lot that is utilized by the pavilion and main house within the northern portion of the site. Staff notes that the applicant requested a modification to 4.a. regarding the driveway. It has been determined that this modification is not needed even if the Mayor and City Council choose to approve the additional use of the driveway to the barn. It is Staff’s opinion that the proposed site plan modifications will negatively impact the adjoining properties and modifies a structure that was not contemplated to utilize as an event space. Therefore, the proposed request to revise the site plan associated with Conditions 2.a. and 3.b. to reflect the additional driveway and additional parking should be DENIED. Staff does support the site plan modification to relocate the primary parking lot associated with the pavilion and house that contains the bed and breakfast. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM17-01 as reflected in the Recommended Conditions below. Page 12 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U14-02) should be revised to read as follows: 1) To the owner’s agreement to restrict the use of the subject property as follows: a) A rural event facility. b) The number of attendees shall not exceed 250 people for any single event. c) The hours of operation shall be the following: i. Friday through Saturday, 9:00 a.m. to 11:00 p.m., music ends no later than 11:00 pm, Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at midnight. ii. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no later than 10:00 pm, Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at 11:00 pm. iii. Amplified sound of music shall be located within the enclosed portion of the atrium. iv. All deliveries shall enter off of Batesville Road. v. When portable toilets are used, they shall not be viewed from Batesville Road and Taylor Road. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 4, 2017 to only modify the location of parking to the northwest portion of the site near the pavilion and house used as a bed and breakfast August 19, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with Page 13 of 13 ZM17-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/6/2017 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) A 10,536 square foot structure, a 4,296 square foot atrium, and all other buildings shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on August 19, 2014. b) The location and number of parking spaces shall be as depicted on the revised site plan received on April 4, 2017 to only modify the location of parking to the northwest portion of the site near the pavilion and house used as a bed and breakfast August 19, 2014. All events with more than 75 attendees shall be required to have valet service and provide a minimum of one off-duty police officer for such events. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, 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: iii. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer iv. Driveway(s) shall be improved within the right of way. Active/44754270.2 LETTER OF INTENT Modification of Rural Event Facility Special Use Permit (Milton Code Section 64-1842) Applicant: LRF Milton LLC1 Property Address: 14505 Batesville Rd. Tax PIN: 22-3650-0661-005-0 Milton, GA 30004 Reference: Ordinance No. U14-02 (14-09-218) Ordained September 22, 2014 Modifications Requested for Recommended Conditions Sections 2a), 3b) and 4a). Reason for Modification: This Application for Modification is being filed by the Applicant, LRF Milton LLC to request modifications to the Recommended Conditions of Ordinance No. U14-02 to accommodate (i) the relocation of existing main parking as previously indicated on the Site Plan submitted August 19, 2014, (ii) an additional, smaller parking lot on the Property and (iii) an additional driveway to a point of ingress and ingress to the Property site. Modifications Sought: The Applicant is seeking the following modifications to the Recommended Conditions of Ordinance No. U14-02: 1. Modification by Substitution of Site Plan referenced in Recommended Condition 2)a). Replace the Site Plan dated August 19, 2014 (“Original Site Plan”) with the Site Plan dated August 18, 2016 submitted herewith (“Revised Site Plan”). 2. Modification of Recommended Conditions 3)b). Relocation of Main Parking Area: In order to lessen the impact from headlights shinning into the homes of the residents of Taylor Estates (Subdivision located to the north of the Property) Applicant provided for guest/valet parking below the driveway, in the lower field on the western side of the Property. The new location is marked on the Revised Site Plan. Applicant requests that the main parking for the site be relocated from the location indicated on the Original Site Plan to the new location indicated on the Revised Site Plan in order to be less intrusive to the Property’s neighbors to the north. 3. Additional Modification of Recommended Conditions 3)b). Additional Parking Area: Applicant has been contacted by numerous potential clients who require a smaller venue for events such as birthday parties, family gatherings and small weddings. In order to accommodate such requests and be financially feasible, Applicant intends to renovate the existing barn structure (which barn structure is included on the Original Site Plan and approved by Ordinance No. U14-02) to provide for such smaller events.2 To facilitate 1 The Applicant, LRF Milton LLC is a limited liability company wholly owned by beneficiaries/or their spouses, of the Property owner, the George Hoyle Ivey Jr. Dynasty Trust. 2 The Applicant will work with the City of Milton to obtain a Certificate of Occupancy for the barn prior to event related use. Active/44754270.2 parking for such smaller events, Applicant requests that an additional smaller parking lot be located just west of the barn as indicated on the Revised Site Plan. 4. Modification of Recommended Condition 4)a) Additional Driveway to the Barn Site Parking: In order to provide for safe and direct access by guests to the barn parking lot, Applicant requests that a new driveway as set forth on the Revised Site Plan be included in the Ordinance at the entry point previously indicated on the Original Site Plan and located on Batesville Road just West of Taylor Road.3 5. Voluntary Additional Condition to Adjust Hours of Operation for the Barn Facility: Applicant agrees to limit the weekend hours of operation for the Barn facility location by modifying Condition 1)c) i as follows: The Friday through Saturday hours of operation for the Barn facility location shall be 9:00 AM to 10:00 PM4, music ends no later than 10:00 PM. Alcohol ceases service 15 minutes before music ending, Facility closes at 11 PM. Amplified music shall be located within the Barn. The remaining recommended conditions of Section 1)c) will apply to the Barn facility location. Applicants’ Pledge: Applicant will continue to be a good steward of the Property and neighbor. Over the past two years, Applicant has made a concerted effort to resolve all of the concerns that were raised during its original application process, and has conformed its use of the Property to the Ordinance’s requirements and conditions and Code of the City of Milton. 3 The relocation for this driveway has been revised to address comments made during the Community Informational Meeting. 4 The earlier Friday through Saturday hours of operation for the Barn facility are offered voluntarily to address comments made during the Community Informational Meeting ORDINANCE NO. PETITION NO. ZM17-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS 2.a., 3.b., AND 4.a. OF AN ORDINANCE OF THE CITY OF MILTON, U14-02 PROPERTY LOCATED AT 14505 BATESVILLE ROAD WITHIN LAND LOTS 662 AND 707 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 47.7 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 24, 2017 at 6:00 p.m. as follows: SECTION 1. That the condition of an Ordinance, approved on September 22, 2014, for petition U14-02 that approved a Use Permit for a Rural Event Facility (Section 64-1842), property located at 14505 Batesville consisting of a total of approximately 47.7 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM17-01). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 24th day of April, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U14-02) should be revised to read as follows: 1) To the owner’s agreement to restrict the use of the subject property as follows: a) A rural event facility. b) The number of attendees shall not exceed 250 people for any single event. c) The hours of operation shall be the following: i. Friday through Saturday, 9:00 a.m. to 11:00 p.m., music ends no later than 11:00 pm, Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at midnight. ii. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no later than 10:00 pm, Maximum 45 dBA one hour prior to music ending. Alcohol ceases service 15 minutes before music ending. Facility closes at 11:00 pm. iii. Amplified sound of music shall be located within the enclosed portion of the atrium. iv. All deliveries shall enter off of Batesville Road. v. When portable toilets are used, they shall not be viewed from Batesville Road and Taylor Road. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 4, 2017 to only modify the location of parking to the northwest portion of the site near the pavilion and house used as a bed and breakfast August 19, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) A 10,536 square foot structure, a 4,296 square foot atrium, and all other buildings shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on August 19, 2014. b) The location and number of parking spaces shall be as depicted on the revised site plan received on April 4, 2017 to only modify the location of parking to the northwest portion of the site near the pavilion and house used as a bed and breakfast August 19, 2014. All events with more than 75 attendees shall be required to have valet service and provide a minimum of one off-duty police officer for such events. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, 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 meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way. Revised Site Plan Submitted April 4, 2017 (Detailed plan) Revised Site Plan Submitted April 4, 2017 MILTON'lP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ril 14, 2017 FROM: Steven Krokoff, City Manager �; AGENDA ITEM: Consideration of ZM17-02/VC17-02 - 980 Birmingham Road zoned C-1 and AG -1 by The Contineo Group To modify condition 2.a. (2004Z-0043) to modify site plan for additional parking and move dumpster pad and a concurrent variance to allow parking past the building (Sec. 64-1323(a)). MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.,)APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (4'NO CITY ATTORNEY REVIEW REQUIRED: () YES (,,) - 'N O APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0g12-OZ01 % 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us m Page 1 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 ZM17-02/VC17-02 PROPERTY INFORMATION ADDRESS 980 Birmingham Road DISTRICT, LAND LOT 2/2, 380 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING C-1 (Community Business) and AG-1 (Agricultural) (2004Z-043) ACRES 19.92 EXISTING USE Shopping Center OWNER Suso 4 Birmingham LP c/o Slate, Asset Management Allen Gordon 121 King Street West, Suite 200 Tornonto, Onatario M5H359 APPLICANT The Contineo Group Jason Lawson 3081 Holcomb Bridge Road Norcross, GA 30071 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM17-02 – APPROVAL CONDITIONAL VC17-02 - WITHDRAWAL INTENT To modify condition 2.a. (2004Z-0043) to modify site plan for additional parking and move dumpster pad and a concurrent variance to allow parking past a building (Sec 64-1323(a)). Page 2 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 LOCATION MAP Page 3 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 CURRENT ZONING Page 4 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 2004Z-043 – Site Plan Submitted October 28, 2004 Page 5 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 Revised Site Plan submitted February 28, 2017 Page 6 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 History and Background The subject site was rezoned from C-1 (Community Business) and AG-1 (Agricultural) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast quadrant has been developed as approved. CZIM Meeting – March 28, 2017 The applicant was present at the meeting and there were no members of the community present. Staff has received two phone calls inquiring about the request. Once it was explained what the applicant was requesting, they indicated support of the change. Current Request – ZM17-02/VC17-02 The applicant is requesting to modify Condition 2a. to revise the site plan dated October 28, 2004 pursuant to 2004Z-043 with the revised site plan received on February 28, 2017. The purpose of the modification is to provide additional parking and to provide an additional access to the internal driveway that accesses Birmingham Road. It is the applicant’s goal to provide easier access to the businesses in the southwest portion of the site. To achieve this, the applicant proposes to delete three parking spaces and add eight parking spaces for a net increase of five. In addition, the dumpster will be relocated. This is accomplished by decreasing the village green area from 23,567 square feet to 16,507 square feet (for a reduction of 7,060 square feet). The site plan also indicates removing seven (7) 6-8” DBH hardwood trees and replanting 11 trees. Page 7 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 Proposed Modification to Conditions (2004Z-043) 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department the Department of Environment and Community Development on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z- 0116 NFC combined). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation Staff notes that the Birmingham Crossroads Overlay District requires a “Village Green” within the northeast quadrant to be a minimum of 13,000 square feet in size. With the proposed changes, the site plan provides for 16,507 square feet. Therefore, the site remains in compliance with this requirement. Staff notes that the applicant proposes to replace the trees to be removed as well as an additional four trees for a total of 11 hardwood trees. Based on the reduction of the village green and deletion of mature hardwoods, Staff proposes a condition to provide a minimum of two benches or picnic tables and a trash receptacle within the village green. In addition, the placement of the new trees on the site shall be approved by the City Arborist. The design and placement of the outdoor furniture and trash receptacle shall be approved by the Design Review Board. Although the placement of the new driveway does not meet Chapter 48 requirement of 100 feet from the Birmingham Road, the proposed location of the new driveway into the main drive is aligned with the driveway entrance on the east side of the main drive. In addition, it appears provide sufficient distance from Birmingham Road for cars entering and exiting the site based on the existing uses within the shopping center. It is Staff’s opinion that the proposed site plan modification does not negatively impact the existing development and meets the intent of the Birmingham Crossroads Overlay. In addition, these improvements may further enhance the usability of this quadrant of the Birmingham Crossroads. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM17- 02. Based on the location of the proposed additional parking, it appears that it meets the requirements of the Birmingham Crossroads Overlay District which states “Parking lots shall be located behind and to the side of a building.” Therefore, Staff recommends that VC17-02 be WITHDRAWN. Page 8 of 8 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017) 4/18/2017 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM14-06) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department the Department of Environment and Community Development on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z- 0116 NFC combined). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations: e. Within the “Village Green” in the northeast quadrant, provide a minimum of two benches or two picnic tables which shall be timber form construction or as approved by the Design Review Board. f. Provide one trash receptacle within the “Village Green” in the northeast quadrant as approved by the Design Review Board. g. The number and type of trees planted within the area of construction as depicted on the site plan received on February 28, 2017 and within the “Village Green” in the northeast quadrant shall be approved by the City Arborist ORDINANCE NO. PETITION NO. ZM17-02/VC17-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION 2.A. OF A RESOLUTION OF FULTON COUNTY, 2004Z-043 PROPERTY LOCATED 980 BIRMINGHAM ROAD WITHIN LAND LOT 380, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 19.92 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 24, 2017 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition 2004Z-043 that approved a zoning to C-1 (Community Business) and AG-1 (Agricultural) Conditional, property located at 980 Birmingham Road consisting of a total of approximately 19.92 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM17-02). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 24th day of April, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM17-02) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department the Department of Environment and Community Development on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z-0116 NFC combined). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations: e. Within the “Village Green” in the northeast quadrant, provide a minimum of two benches or two picnic tables which shall be timber form construction or as approved by the Design Review Board. f. Provide one trash receptacle within the “Village Green” in the northeast quadrant as approved by the Design Review Board. g. The number and type of trees planted within the area of construction as depicted on the site plan received on February 28, 2017 and within the “Village Green” in the northeast quadrant shall be approved by the City Arborist ZM17-02 - Site Plan Submitted on February 28, 2017 M I LTO Not, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Ap ' 14, 2017 FROM: Steven Krokoff, City Manage kl�� AGENDA ITEM: Consideration of RZ17-02 -12800, 12830 and 12850 Hopewell Road by Fuqua & Associates -To Rezone from AG -1 (Agricultural) to R -4A (Single Family Dwelling) to Develop 17 Single Family Lots on 14.6 Acres at a Density of 1.16 Units per Acre. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES H'NO CITY ATTORNEY REVIEW REQUIRED: () YES WN0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ,4/7,q I Z- 11 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 1 of 24 RZ17-02 PETITION NO. RZ17-02 PROPERTY INFORMATION ADDRESS 12800, 12830, and 12850 Hopewell Road DISTRICT, LAND LOT 2/2 1107 and 1108 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-4A (Residential) ACRES 14.6 EXISTING USE Vacant single family residence PROPOSED USE 17 single family residential lots PETITIONER Fuqua and Associates ADDRESS 985 Canonero Drive Milton, GA 30004 REPRESENTATIVE Scott Reece Brumbelow-Reese & Associates 13685 Highway 9 Milton, GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 22, 2017 RZ17-02– DENIAL INTENT To rezone from AG-1 (Agricultural) to R-4A (Residential) to develop 17 single family homes on 14.6 acres at an overall density of 1.16 units per acre. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 2 of 24 RZ17-02 PLANNING COMMISSION RECOMMENDATION – MARCH 22, 2017 RZ17-02– DENIAL – 6-0 The Planning Commission based their decision on the fact that the 2035 Future Land Use Plan Map that was approved by the Mayor and City Council in October of 2016 recommended that this property be developed as Agricultural, Equestrian and Estate Residential (AEE). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 3 of 24 RZ17-02 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 4 of 24 RZ17-02 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 5 of 24 RZ17-02 CITY OF MILTON 2035 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 6 of 24 RZ17-02 SITE PLAN SUBMITTED ON JANUARY 31, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 7 of 24 RZ17-02 REVISED SITE PLAN SUBMITTED ON MARCH 3, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 8 of 24 RZ17-02 REVISED SITE PLAN SUBMITTED ON MARCH 22, 2017 (Created Cul-de-Sac) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 9 of 24 RZ17-02 Subject Site from Hopewell Road Glenhaven S/D Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 10 of 24 RZ17-02 Hopewell Place S/D Vickery Crest S/D SUBJECT SITE AND BACKGROUND: The subject site contains 14.565 acres and with two single family dwellings and is located on the west side of Hopewell Road with Vaughn Drive to the east. The site is located within the Agricultural, Equestrian, Estate Residential (AEE) designation of the City of Milton 2035 Comprehensive Plan Map recently adopted on October 17, 2016. Staff also notes that this property is within the Rural Milton Overlay. The applicant is requesting a rezoning to R-4A (Residential) with minimum 15,000 square foot lots to develop 17 single family residences on at an overall density of 1.16 units per acre. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 11 of 24 RZ17-02 SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on March 22, 2017, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-577 - R-4A (Single Family Dwelling District) and Rural Milton Overlay* Development Standards Proposed Development 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.* None indicated. Minimum front yard – 35 feet 35 feet Minimum side yard as follows: Adjacent to interior line: 7 feet Adjacent to street: 20 feet 7 feet 20 feet 25 feet between homes Minimum rear yard –25 feet 50 feet Minimum lot area – 12,000 sq.ft. 15,000 sq. ft. and 1 acre adjacent to Hopewell Road Minimum lot width shall be 85 ft. 85 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,200 sq. ft. For two-story dwelling: 1,320 sq.ft. 3,000 sq. ft. – 1 story 4,000 sq. ft. - 2 story LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 12 of 24 RZ17-02 OTHER SITE PLAN CONSIDERATIONS The original site plan indicated inter-parcel with Vickery Crest to the north, this connection is not required by either the Fire Marshal or the Transportation Engineer. Since that submittal, the applicant has provided a revised site plan on March 22, 2017 that shows the street as a cul -de-sac with no connection with Vickery Crest and the number of lots remain the same. In addition, the site plan does not indicate sidewalks along Hopewell Road and the interior of the subdivision. At the time of the Land Disturbance Permit, the developer shall be in conformance with Sec. 48-562, Streets, Sidewalks and Other Public Places. At the Planning Commission meeting, the applicant stated that they would include the required sidewalks. Staff will condition the two one-acre lots adjacent to Hopewell Road with the Rural Viewshed since R-4A zoning district is not required to provide a Rural Viewshed. The Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service with Fulton County and the associated map indicates that sewer service infrastructure was fully installed prior to the date of the agreement. This recognition shall not be construed as allowing new sewer connections within this area and new sewer service shall not be authorized within such areas. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: “The specimen trees have been identified and are shown on the site plan. There is no Zone A floodplain on this parcel per official FEMA flood map. There is a stream flowing through the southwestern portion of the property that has been located, and the City buffers have been incorporated into the proposed site plan. Wetlands located on the site are located within the 25 foot stream buffers No construction activities are proposed in any stream buffers. If constructed, the subdivision would have to gain approval of a 3-phase erosion control plan and best management practices to mitigate any downstream effects. Our field inspections discovered no vegetation or wildlife, including fish, listed on the environmental protection list. Our field observation revealed no archaeological or historical sites located on this property.” Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 13 of 24 RZ17-02 ARBORIST COMMENTS Per this plan, 7 significant specimen trees are to be impacted or removed. Replacement for said trees will be 219 (4”) caliper trees. There are additional specimen trees along Hopewell that shall remain undisturbed. Nice young hardwood growth at northern portion of the site. Much of site will be cleared with exception of state waters buffer area to the south. CITY OF MILTON FIRE MARSHAL The subdivision is allowed to have only one entrance based on the small number of houses (though the one to the north only has one entrance, the ordinance did not change until after that subdivision was platted and built). The preference would be that the connection be made. However, from a code perspective, it is not required. TRANSPORTATION  A new entrance is proposed approximately 270’ south of Glenhaven Drive (on east side of Hopewell Rd) and 970’ south of Hopewell Place Dr. (existing entrance to Vickery Crest) per the site plan. These meet the driveway spacing criteria.  Average Daily Traffic volumes for 2014 on Hopewell Rd is 9170 vehicles per day.  Intersection sight distance looking both east and west at new proposed entrance is over 500 feet per the site plan.  Trip generation and distribution ITE Trip Generations Single Family Homes Daily Left In Right In Left Warrant Right Warrant 17 lots 163 58 25 175 75  Turn lanes warrant for new entrance to be determined based on number of lots Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 14 of 24 RZ17-02 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 15 of 24 RZ17-02 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 16 of 24 RZ17-02 PUBLIC INVOLVEMENT On February 28, 2017 the applicant’s representative was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were approximately 15 people in attendance at the meeting. They voiced their objections to the proposed development with the following comments: 1. It is against the 2035 Future Land Use Plan for minimum one acre lots that was just approved in October 2016. 2. It will cause additional traffic within Vickery Crest and the area in general . 3. The residents are tired of additional homes being built that are not consistent with the approved Future Land Use Plan for AEE (one acre lots). 4. Want to be assured that the new homes with be as large as the existing homes in Vickery Crest and not connect with Vickery Crest. 5. Residents of Brookshade (north of Vickery Crest) are concerned that if this property is rezoned to R-4A then the property south of Brookshade will also be rezoned to higher density. PUBLIC PARTICIPATION REPORT The applicant conducted the Public Participation Meeting on March 9, 2017 from 6:30 to 8:30 p.m. at the Brumbelow-Reese Office, 13685 Hwy 9 North. The applicant also met with the Vickery Crest HOA on February 24, 2017. There were three people in attendance. The following issues and concerns were expressed: 1) The density of the development. 2) How close to the rear property lines could the houses be built. 3) Separation distance between houses. 4) Square footage of houses. 5) Price of new houses. 6) Street connection with Vickery Crest. The applicant responded to the issues and concerns with the following: 1) The density of the surrounding properties and subdivisions match or exceed the density of the proposed development. 2) Revised site plan to increase setbacks and separation. 3) Clarified building square footage. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 17 of 24 RZ17-02 CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – March 7, 2017 1) Can the entrance line up with Glenhaven entrance? 2) Questioned if the lots that include the stream buffer are large enough to accommodate a swimming pool without any variances? 3) Can the large specimen trees be saved? Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 17 lot subdivision consist of lots between 16,010 and 22,864 square feet in size. There are one acre lots that abut Hopewell Road. To the north is Vickery Crest subdivision which has developed lots between 15,000 and 20,000 square feet in size adjacent to the subject site. To the east, is Glenhaven Subdivision zoned T-3 (Transect Zone) developed with large common areas along Hopewell Road and minimum 5,000 square foot lots within the development. Also, to the south east within the City of Alpharetta is Cottonwood Estates Gracious Living Retirement Facility zoned C-2. Further to the south east is Orchards at Hopewell also within the City of Alpharetta zoned R-8. To the south of the subject site is undeveloped R-15 within the City of Alpharetta. To the west is Andover North subdivision within the City of Alpharetta zoned R-15. The proposed development is consistent with adjacent and nearby developments in the area. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 18 of 24 RZ17-02 Existing uses and zoning of nearby property Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 19 of 24 RZ17-02 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest S/D 1 u/a (RZ04-144) Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. 1 acre lots along Hopewell Rd and north portion of Subdivision. 1.88 u/a (RZ05-135) 20,000 s.f. adj. to Andover Norh, 18,000 s.f adj. to Providence Oaks S/D, 1 acre for septic lots and 15,000 s.f. for remaining lots. 2,500 s.f. heated floor area Further Northeast 2 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. 1 acre lots along Hopewell Rd. Further Northeast 3 RZ95-21 R-3 (Single Family Residential) Hopewell Place S/D 2 u/a 1,800 s.f. 1 acre lots along Hopewell Rd. Further Northeast 4 RZ98-81 T-3 (Transect Zone) Developed under CUP (Community Unit Plan) Southfield S/D 2.5 u/a 1,700 s.f. East 5 T-3 (Transect Zone) 3.46 u/a Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 20 of 24 RZ17-02 RZ12-16/VC12-06 Developed under NUP (Neighborhood Unit Plan) 2,700 s.f. East 6 City of Alpharetta C-2 Cottonwood Estates Gracious Living Retirement Facility Multi-Family Southeast 7 City of Alpharetta R-8 Orchards at Hopewell (Minimum 8,000 square feet lots) South and west 8 City of Alpharetta R-15 Andover North and Lantern Ridge (Minimum 15,000 square foot lots) South 9 City of Alpharetta R-15 Undeveloped (Minimum 15,000 square foot lots) Northwest 10 RZ93-035 R-4A Providence Oaks S/D 2.14 u/a 2,500 s.f. 50 foot setback adjacent to AG-1 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposed development may adversely affect the existing use or usability of adjacent or nearby property based on the fact the 2035 Future Land Use Plan Map recommends that the subject site be developed AEE (Agricultural, Equestrian and Estate Residential) w hich requires one unit per acre and one acre lots. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposal may cause a burden on existing streets and schools if approved. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 21 of 24 RZ17-02 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2035 Comprehensive Land Use Plan Map – Agricultural, Equestrian, and Estate Residential / INCONSISTENT Inconsistent with the following Plan Policy:  We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. Proposed use/density: Single Family Residential at 1.16 units per acre is inconsistent with the recommended density of one unit per acre for Agricultural, Equestrian, and Estate Residential. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots. The Plan Map was recently approved by the Mayor and City Council in October, 2016. Previous zonings and development adjacent to and surrounding the subject site were approved prior to the most recent Comprehensive Land Use Plan Map adoption. Based on these facts, it is grounds to recommend DENIAL of RZ17-02. 6. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the number and size of specimen trees to be removed, it is Staff’s opinion that the proposed use may be environmentally adverse to the natural resources, environment and citizens of the City. CONCLUSION The proposed 17 lot single family subdivision is inconsistent with the City of Milton’s 2035 Comprehensive Land Use Plan Map for “Agricultural, Equestrian, Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 22 of 24 RZ17-02 and Estate Residential”. Therefore, Staff recommends DENIAL of RZ17-02 to rezone from AG-1(Agricultural) to R-4A (Single Family Residential). A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 23 of 24 RZ17-02 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Hopewell Road it should be approved for R-4A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 17 total dwelling units at a maximum density of 1.16 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 22, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017) 4/5/2017 Page 24 of 24 RZ17-02 3) To the owner’s agreement to the following site development considerations: a) Minimum front yard – 35 feet b) Minimum side yard as follows: i. Adjacent to interior line: 7 feet ii. Adjacent to street: 20 feet iii. 25 feet between homes c) Minimum rear yard –50 feet d) Minimum lot area as follows: i. 15,000 sq. feet. ii. 1 acre adjacent to Hopewell Road e) Minimum lot width shall be 85 feet f) Minimum lot frontage shall be 35 feet adjoining a street. g) Minimum heated floor area shall be as follows: i. For one story - 3,000 square feet ii. For two story – 4,000 square feet h) Lots 1 and 17 (adjacent to Hopewell Road) shall be incompliance with the Rural Viewshed pursuant to Sec. 64-416(k). 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 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. 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. Page is too large to OCR. PUBLIC PARTICIPATION PLAN REPORT FORM E Applicant: Fuqua & Associates, Steve &Peggy Fell petition No. IZZ 17� Q E 1. The following parties were notified of the requested rezoning/use permit: See attached. 2. The following meetings were held regarding this petition: (Include the date, time and meeting location) Date: �.-14� 17 Public Participation Meeting - 3/9/17, 6:30-8:30pm, Brumbelow-Reese office, 13685 Hwy 9 N, Milton, GA DRB - 3/7/17, 6:OOpm, City of Milton CZIMCity of Milton Vickery Crest HOA Meeting - 2/24/17, 5:OOpm, Vickery Crest 3. The following issues and concerns were expressed: (1) The density of proposed development, (2) how close to rear property lines the houses could be built, (3) separation distance between houses, (4) square footage of houses, (5) price of new houses, (6) street connection 4. The applicant's response to issues and concerns was as follows: The density of surrounding properties and subdivisions match or exceed the density of the proposed development. We revised the site plan to increase setbacks and separation. We clarified the building square footage. 5. Applicants are required to attach copies of sign -in sheets from meetings as well as meeting announcements, notices, t7yers, letters, and any other documentation which supports the opportunity for public input. Attach additional shoe/s as needed. City of Milton Community Development _ 13000 Deerfield Parkway, shite 107E --Milton, GA 30004 � 678-242-200 Rezoning Application Page 1 � BRU1V1BE1LVW-REESE & ASSOCIATES, INC. Land Surveyors, Land Planners, Development Consultants 13685 Highway 9 N Milton, Georgia 30004 Phone 770475-6817 Fax 770-5694948 Email: brassinc@comcast.net Public Participation Meeting — Date:_Thursday 3/9/2017_Time:_6:30-8:30pm Location:Brumbelow Reese office at 13685 Hw,y G:\Land Projects\2013-2d3A\Documents\REZONING DOCS\Public Participation Sign In.docx NAME ADDRESS CONTACT (phone or email) Steve Damsker i Providence Oaks S/D Phone call on 2/24 ? "If 40PROM 11 be 10 14110941liple, 61,1111, �D-....4400.,...._.. .{................... _.i 4444..mob 11660914........................ _........_. RED 41 _......,.,_.........,__.........._....._._._.......................,,.............................sees ... "it .. room ..,, tell ....eve "Ism ,..... _.........._........_.........NMI ..,.................... 1"to ......................._.......,_................................................................ ........... ........... ................_.......__............... ......0............................. __....4444. . .... I ...... .................__.. _ _.... votes ... .......__ 4444 _ ._....._...._......,....._,_............_._.......,_.............._..........................,.........._.............,.,.............._,...._...................._......... 1 G:\Land Projects\2013-2d3A\Documents\REZONING DOCS\Public Participation Sign In.docx Land Surveyors, Land Planners, Development Consultants 13685 Highway 9 N Milton, Georgia 30004 Phone 770-475-6817 Fax 770-569-4948 Email: brassinc@comcast, net February 13, 2017 Hopewell Road Community Re: 12800, 12830, 12850 Hopewell Road Dear Neighbor: We are representing Fuqua &Associates and Steve &Peggy Fell in their application to obtain a rezoning of 12800, 12830, & 12850 Hopewell Road being Tax Parcels 2248011080262, 22- 48011080155, and 2248011080239 from AG -1 to R4 -A for the construction of a single family residential subdivision. The applicant is proposing 17 lots on 14.6± acres at a density of 1.16 units per acre. The proposed minimum lot size will be 15,000 S.F. and proposed minimum house size shall be 3000 S.F. The Comprehensive Land Use Plan Map (C.L.U.P) colors these particular properties as low density residential. The C.L.U.P. appears to have created a small island of low density inside a large area of medium density, high density, and office and commercial uses. The subject property was formerly three residential acreage tracts that are now vacant. The property is wooded with a mix of mature growth and secondary growth pines and hardwoods. There is a small stream and abandoned pond on the southwest section of the property. The property abuts the City of Alpharetta on the south and west (R-15 Zoning - 15,000 S.F. lots). The property to the southeast across Hopewell Road is in the City of Alpharetta and is zoned C-2 (current use assisted living facility). The property to the northeast across Hopewell Road is in the City of Milton and is designated T4 Deerfield/Highway 9 Foran Based Code (current use high density residential - 5500 S.F. lots). The property directly to the north is Vickery Crest Subdivision in the City of Milton. It is zoned CUP and was developed with 15,000 S.F. lots. There is an existing sanitary sewer line through the subject property. Public utilities are available on Hopewell Road. The proposed subdivision provides for the City of Milton buffers on the stream that traverses through the southwest section of the property. The proposed subdivision shall be accessed via extending the existing dead-end street Donegal Lane through to Hopewell Road in keeping with the City's policy of interparcel connectivity and bringing the existing Vickery Crest S/D into fire protection compliance. There are no proposed variances to the Development Code in this proposed rezoning. The applicant is seeking to develop a neighborhood similar in lot size and character as the adjoining Vickery Crest S/D and other neighborhoods in the immediate area. The subject property lies in an area designated by the City of Milton as "Milton Lakes". This area is in the southernmost section of the City bordering the City of Alpharetta. This area transitioned in the late 1990s to mostly suburban neighborhoods with a mixture of lot sizes. The G:\Land Projects\2013-243A\Documents\REZONING DOCS\Public Participation Letter.docx Page 2 Februm 13. 2017 City of Milton Comprehensive Plan 2030 designates this area's future development for new residential neighborhoods to primarily match the mix of housing types & styles of established neighborhoods in this character area. Furthermore, the C.L.U.P. designates that future residential development should reflect an average of the current diversity of densities and housing patterns. In our immediate area, all of the City of Alpharetta properties (south and west) are zoned R-15 (15,000 S.F. lots) or are already developed 15,000 S.F. lots. To the east is City of Alpharetta commercial zoning with an institutional use. To the northeast (Glenhaven Subdivision) and north (Vickery Crest Subdivision), the City of Milton subdivisions are developed with 5,500 and 1500 S.F. lots respectively. The applicants have owned this property for many years. It was the intent that this property would be a future phase of Vickery Crest. Vickery Crest was designed with the street and utility layout for the future expansion. The economic downturn around 2008-2012 caused the cancellation of these plans. Although the property is zoned agricultural, it is not practical for farm use due to size restrictions and surrounding neighborhoods. One acre estate size lots and the necessary house size that economics dictates would be a very risky choice in this immediate area. The applicant desires to develop a residential single family neighborhood similar to the neighborhoods in this area. Should the rezoning be approved, Fuqua & Associates will be building the new homes in the proposed subdivision. It is our opinion that the proposed rezoning and use for this property conforms to the stated future land use plan as laid forth and adopted by the City of Milton in the text for the Milton Lakes character area. We feel that the proposed subdivision and the quality of homes that Fuqua has built in the Milton area for over 30 years would be an asset to the city and matches the surrounding neighborhoods. Finally, this proposed neighborhood would be a reasonable choice for this particular site and area. There is a Public Participation Meeting scheduled for Thursday, March 9, 2017 from 6:3 Opm- 8:30pm at our office (address listed above). This meeting will allow the neighborhood to ask questions and view the proposed site plan. The City of Milton has scheduled the following meetings: Community Zoning Information Meeting 02/28/2017 @ 7:00 pm, Design Review Board 03/07/2017 @ 6:00 pm, Planning Commission Meeting 03/22/2017 @ 6:00 pm, Mayor and City Council Meeting 04/24/2017 @ 6:00 pm. Also, we may be reached via telephone or email as listed above. We look forward to seeing you on March 9, 2017. Sincerely, BRUMBELOW-REESE &ASSOCIATES, INC. Scott D. Reece G:\Land Projects\2013-243A\Documents\REZONING DOCS\Public Participation Letter.docx El+& Plow mailed wrFh Ici+ `ot x09\ r O 33 FF zl �mg :. I c MirIF l , p IN FIN F \ /,to% 1 aM' \ r IF , _ M ' q4" Wig' im 0 poll It \ _ ``..;f r y\, . y'� , '\ �\ h _OF •\� \.Np ` .%ppI951` \`'\'\ .\ r➢'F '1 ♦.. 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(GEORGIA LICENSE LSFOD02851 •' '4 13685 HIGHWAY 9 N =DM t° H* R� MILTON, GEORGIA 30004-3616 PHONE: 770-475-6817 OEOROIA R,L,S. t 7072 FAX: 770.569-4948 MEMBER OF SA M.S.O.G. EMAIL: BRASSINC@COMCAST.NET v O o ?I REZONING SITE PLAN FOR LOCATED IN: � m D R' cz � z m LAND LOT(S): 1707, 1108 p � � WOODLIFF GREENE S/D DISTRICT: 2, SECTION:2 � = x V x CITY OF: IAILTON z m COUNTY OF: FULTON STATE OF GEORGIA DATE: JANUARY 23, 2017 REVISIONS 1 '-_- 4 �ab�3L --.. sr allot OIL M For IF n III lINn S�� _ 0 ma m€z�m- ggg MM ILL. OFF IF N or NZ' N 1. FIII ILL to Q D k IF 0 ' s X vNO-rrsr LQXQ p R c BRUMBELOW—REESE AND ASSOC', INC. G 4\'p1SiEAFe .� LAND SURVEYING SERVICES, LAND PLANNERS, DEVELOPMENT CONSULTANTS 1 1 2top' �• A. (GEORGIA LICENSE LSFOD02851 •' '4 13685 HIGHWAY 9 N =DM t° H* R� MILTON, GEORGIA 30004-3616 PHONE: 770-475-6817 OEOROIA R,L,S. t 7072 FAX: 770.569-4948 MEMBER OF SA M.S.O.G. 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Iq, < •1 ` p i 1 / , _8 -�_j I/ ---- $ Apm, ax�,� n � �^ v \ O kI m IN do .= t'i _ lR�Y , m � O .i /� N / 1 � ` ^ ' 3 m a u z a.,i^ n--.__ �NI `�_fy � - ` f Cyt l /!/, o x NI IN V1 y#C`\ my DWN ' %�_ �4^ l 0 zPlni� �j 3 IT Sf q �1 m IN ld� 1 �'y-g, L.JmIt ^7: L3L 4II sc.." .IN � G VAINeft ddN,. III FF FF FF _..-_.�_- --- IN opzpg'o it d g sb PwEL L l�ppp .-.._ ' ~� 4ZIE D � m i o $ $ oNl f; PldddNOR7tix 5 DT Tot SHIOWN n O m -'� `y,� ;� —��__ k a m i i + - IF.SOUTH-35 MPF[ $$a n m FF + -- y m - - salIrDls nl I s Me m n o = IT, ' z � ... A _ clvo-.zaz to Z 0 0 ° ?+ REZONING SITE PLAN FOR `oma m LOCATED IN: REVISIONS: O R p BRUMBELOW-REESE AND ASSOC., INC. f ° 3-03-2017 -REAR SETBACK, HOUSE SEPARATION, F, „I z m z m LAND LOT(S): 1107,1108 HOUSE SIZE i2 1.01 s IEa� .' LAND SURVEYING SERVICES, LAND PLANNERS, ° m ` WOODLIFF GREENE S/D DISTRICT: 2, SECTION:2 o- DEVELOPMENT CONSULTANTS K ,`�, N m ; O J} Nw M72 Dir* [GEORGIA LICENSE LSF0002851 = x CITY OF: MILTON ,:.,IrA��r.,_ A E0 OF: FULTON On.4c,8U�Ea°�y 13fi85 HIGHWAY 9 N A STATE OF GEORGIA ryF H. ( MILTON, GEORGIA 30004.3fi16 PHONE: 770-478.8817 GEORGIA R.L.S. 0 2072 FAX: 770-569.4948 GATE: JANUARY 23, 2017 MEMBER OF SAM.S.O.G. EMAIL: BRASSINCQCOMCAST.NET Page 1 of 7 ORDINANCE NO._______ PETITION NO. RZ17-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO R-4A (SINGLE FAMILY DWELLING) FOR A 17 LOT SINGLE FAMILY SUBDIVISION ON 14.6 ACRES LOCATED AT 12800, 12830 AND 12850 HOPEWELL ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 24, 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 12800, 12830 and 12850 Hopewell Road consisting of a total of approximately 14.6 acres as described in the attached legal description, be approved for a 17 lot single family subdivision zoned R-4A (Single Family Dwelling) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1107, and 1108 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the single family subdivision in the attached conditions of approval, be approved under the provisions in Article VI, Division 9, 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 24th day of April, 2017. Page 2 of 7 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 7 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on 12800, 12830, and 12850 Hopewell Road it should be approved for R-4A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 17 total dwelling units at a maximum density of 1.16 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subje ct site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 22, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issu ance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum front yard – 35 feet Page 4 of 7 b) Minimum side yard as follows: i. Adjacent to interior line: 7 feet ii. Adjacent to street: 20 feet iii. 25 feet between homes c) Minimum rear yard –50 feet d) Minimum lot area as follows: i. 15,000 sq. feet. ii. 1 acre adjacent to Hopewell Road e) Minimum lot width shall be 85 feet f) Minimum lot frontage shall be 35 feet adjoining a street. g) Minimum heated floor area shall be as follows: i. For one story - 3,000 square feet ii. For two story – 4,000 square feet h) Lots 1 and 17 (adjacent to Hopewell Road) shall be incompliance with the Rural Viewshed pursuant to Sec. 64-416(k). 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 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. 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. Page 5 of 7 Page 6 of 7 Page 7 of 7 REVISED SITE PLAN SUBMITTED ON MARCH 22, 2017 MILTON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 14, 2017 FROM: Steven Krokoff, City Manage 'a AGENDA ITEM: Consideration of RZ17-03 - To Amend Section 64-418 - Pre - development Notification and Public Informational Meeting and Section 64-419. Definitions of the AG -1 (Agricultural) Zoning District. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,j,<PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�ES () NO CITY ATTORNEY REVIEW REQUIRED: (,�iES () NO APPROVAL BY CITY ATTORNEY: (4"A"'PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: opt I ZO201.7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us N To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting. (First Presentation – April 10, 2017, Work Session – April 17, 2017) Re: RZ17-03 (AG-1) – Text Amendment to Pre-development notification and public informational meeting and Definitions. ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to delete the required pre-development notification and public informational meeting that is currently required after a concept plan is submitted for a proposed development. In lieu of this process, Staff proposes a public hearing before the Planning Commission to consider preliminary plats (more than 3 lots). This process is being proposed in Chapter 50, Subdivisions. Thus, the above mentioned requirements will no longer be needed. In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer needed and will be addressed in Chapter 50, Subdivisions. Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, Unanimously, 6-0. 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 (March, 2017) Attachment(s): RZ17-03 text amendment and ordinance. RZ17-03 – Text Amendment (AG-1) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 1 of 2 Sec. 64-418. - Pre-development notification and public informational meeting. (a) Prior to the approval of a conceptual plan for residential uses with more than three lots or a land disturbance permit for non-residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prio r to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-281 , § 1, 9-7-2016) Sec. 64-419. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. RZ17-03 – Text Amendment (AG-1) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 2 of 2 Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to prov ide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. T he terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setba ck. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-281 , § 1, 9-7-2016) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-03 AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT, PRE- DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN SEC. 64-418 AND DEFINITIONS IN SEC. 64-419 OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the AG-1 District regarding Development Notification and Public Informational Meeting and 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 24th day of April, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: .MILTON'it ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 14, 2017 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of RZ17-04 -To Amend Section 64-141 - Pre - development Notification and Public Informational Meeting and Section 64-442. Definitions of the R-1 (Residential) Zoning District. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („?APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO CITY ATTORNEY REVIEW REQUIRED: (,?4YES () NO APPROVAL BY CITY ATTORNEY. G, PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 64/&l2017 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting. (First Presentation – April 10, 2017, Work Session – April 17, 2017) Re: RZ17-04 (R-1) – Text Amendment to Pre-development notification and public informational meeting and Definitions. ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to delete the required pre-development notification and public informational meeting that is currently required after a concept plan is submitted for a proposed development. In lieu of this process, Staff proposes a public hearing before the Planning Commission to consider preliminary plats (more than 3 lots). This process is being proposed in Chapter 50, Subdivisions. Thus, the above mentioned requirements will no longer be needed. In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer needed and will be addressed in Chapter 50, Subdivisions. Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 6-0. 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 (March, 2017) Attachment(s): RZ17-04 text amendment and ordinance. RZ17-04 – Text Amendment (R-1) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 1 of 2 Sec. 64-441. - Pre-development notification and public informational meeting. (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at the subject site within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public, on site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-282 , § 1, 9-7-2016) Sec. 64-442. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil prep aration and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or fur ther processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. RZ17-04 – Text Amendment (R-1) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 2 of 2 Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-282 , § 1, 9-7-2016) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-04 AN ORDINANCE TO AMEND THE R-1 (RESIDENTIAL) DISTRICT, PRE- DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN SEC. 64-441 AND DEFINITIONS IN SEC. 64-442 OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the R-1 (Residential) District regarding Development Notification and Public Informational Meeting and 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 24th day of April, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk M 1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: A 114, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ17-05 - To Amend Section 64-464 - Pre - development Notification and Public Informational Meeting and Section 64-465. Definitions of the R-2 (Residential) Zoning District. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,�IYES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 04Itq/3017 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting. (First Presentation – April 10, 2017, Work Session – April 17, 2017) Re: RZ17-05 (R-2) – Text Amendment to Pre-development notification and public informational meeting and Definitions. ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to delete the required pre-development notification and public informational meeting that is currently required after a concept plan is submitted for a proposed development. In lieu of this process, Staff proposes a public hearing before the Planning Commission to consider preliminary plats (more than 3 lots). This process is being proposed in Chapter 50, Subdivisions. Thus, the above mentioned requirements will no longer be needed. In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer needed and will be addressed in Chapter 50, Subdivisions. Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 6-0. 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 (March, 2017) Attachment(s): RZ17-05 text amendment and ordinance. RZ17-05 – Text Amendment (R-2) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 1 of 2 Sec. 64-464. - Pre-development notification and public, on site informational meeting. (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-283 , § 1, 9-7-2016) Sec. 64-465. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. RZ17-05 – Text Amendment (R-2) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 2 of 2 Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-283 , § 1, 9-7-2016) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-05 AN ORDINANCE TO AMEND THE R-2 (RESIDENTIAL) DISTRICT, PRE- DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN SEC. 64-464 AND DEFINITIONS IN SEC. 64-465 OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the R-2 (Residential) District regarding Development Notification and Public Informational Meeting and 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 24th day of April, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON11IN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 14, 2017 Steven Krokoff, City Manager P AGENDA ITEM: Consideration of RZ17-06 - To Amend Section 64-487 - Pre - development Notification and Public Informational Meeting and Section 64-488. Definitions of the R -2A (Residential) Zoning District. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (44APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.),'ES () NO CITY ATTORNEY REVIEW REQUIRED: (J/YES () NO APPROVAL BY CITY ATTORNEY: (,PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0144q/20» 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting. (First Presentation – April 10, 2017, Work Session – April 17, 2017) Re: RZ17-06 (R-2A) – Text Amendment to Pre-development notification and public informational meeting and Definitions. ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to delete the required pre-development notification and public informational meeting that is currently required after a concept plan is submitted for a proposed development. In lieu of this process, Staff proposes a public hearing before the Planning Commission to consider preliminary plats (more than 3 lots). This process is being proposed in Chapter 50, Subdivisions. Thus, the above mentioned requirements will no longer be needed. In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer needed and will be addressed in Chapter 50, Subdivisions. Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 6-0. 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 (March, 2017) Attachment(s): RZ17-06 text amendment and ordinance. RZ17-06 – Text Amendment (R-2A) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 1 of 2 Sec. 64-487. - Pre-development notification and public informational meeting. (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-284 , § 1, 9-7-2016) Sec. 64-488. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. RZ17-06 – Text Amendment (R-2A) prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 2 of 2 Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-284 , § 1, 9-7-2016) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-06 AN ORDINANCE TO AMEND THE R-2A (RESIDENTIAL) DISTRICT, PRE- DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN SEC. 64-487 AND DEFINITIONS IN SEC. 64-488 OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the R-2A (Residential) District regarding Development Notification and Public Informational Meeting and 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 24th day of April, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk MILTON�t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 14, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ17-07 - To Amend Section 64-2453 - Creation of a Historic Preservation Commission (To Allow Compensation for Meetings). MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J -YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES (J NO APPROVAL BY CITY ATTORNEY: (T -APPROVED () NOT APPROVED PLACED ON AGENDA FOR: C,-4)yy)2,011 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting. (First Presentation – April 10, 2017, Work Session – April 17, 2017) Re: RZ17-07 - Text Amendment to amend Sec. 64-2453 – Creation of historic preservation commission (To allow compensation for meetings.) ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Currently, the Historic Preservation (HPC) ordinance states that the HPC cannot receive any compensation. The purpose of this text amendment is to allow the Historic Preservation Commission (HPC) to receive compensation for attendance at each of their meetings based on direction from the Mayor and City Council. Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 6-0. 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 (March, 2017) Attachment(s): RZ17-07 text amendment and ordinance. RZ17-07 – Text Amendment prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 1 of 2 Sec. 64-2453. - Creation of a historic preservation commission. (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members. Each of the individual members of the Milton City Council and the mayor shall appoint a member of the HPC. The terms of individual members shall be two years, o r until a new member is appointed to replace them - whichever occurs later, and shall begin on January 1 of each even numbered calendar year. If a member is replaced for any reason, the new member shall serve only the remaining portion of the replaced member's term. There shall be no limit on the number of terms a member may serve on the HPC. Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a councilperson's respective council district. To the extent individuals are available and willing to serve in the City of Milton, at least three official, voting HPC members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior approval of the city manager. Milton Historic Preservation Commission members may be reimbursed for the actual and necessary expenses of the Milton Historic Preservation Commission, and may be compensated in the amount of $50.00 for each meeting of the Milton Historic Preservation 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).” (c) Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other ordinance, the HPC shall be authorized to: (1) Prepare and maintain an inventory of all property within the City of Milton having the potential for designation as historic; (2) Recommend to the Milton City Council specific districts, sites, buildings, structures, or objects to be designated by ordinance as a historic property or a historic district; (3) Review applications for certificates of appropriateness, and grant or deny same in accordance with the provisions of this article; (4) Recommend to the Milton City Council that any designation of a historic property or historic district be revoked or removed; (5) Restore or preserve any historic properties acquired by the City of Milton, subject to funding availability and with the prior approval of the Milton City Council; (6) Promote the acquisition by the City of Milton of façade easements and conservation easements as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); (7) Conduct educational programs on historic properties located within the City of Milton and on general historic preservation activities; (8) Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the Milton City Council o r the HPC itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; RZ17-07 – Text Amendment prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 2 of 2 (9) Research local, state, federal, or private funds for historic preservation, and make recommendations to the Milton City Council c oncerning the most appropriate use of any funds acquired; (10) Recommend to the Milton City Council possible historic resource incentive programs for their review; (11) Submit to the Historic Preservation Division of the Georgia Department of Natural Res ources a list of designated historic properties or historic districts; (12) Perform historic preservation activities as the official agency of the Milton Historic Preservation Program; (13) Retain persons with professional expertise to carry out specific tasks, as needed, subject to approval by the Milton City Council; (14) Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties provided the Milton City Council has provided prior consent to do so and all state and local laws regarding local government property disposition are followed. The receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does not violate t he City of Milton Code of Ethics; (15) Review and make comments to the Historic Preservation Division of the Georgia Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; (16) Participate in private, state, and federal historic preservation programs and with the approval of the Milton City Council enter into contractual agreements to do the same; (17) Work with a City of Milton Staff member, who will serve as liaison b etween HPC and mayor and city council. (d) HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the transaction of business and for consideration of applications for designations and certificates of appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC shall have the flexibility to adopt such rules and standards without amendment to this article. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of voting members. All rules shall be ratified by the Milton City Council before becoming effective. (e) Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia Statutes and in the City of Milton Charter. (f) HPC's authority to receive funding from various sources. The HPC shall have the authority to accept donations on behalf of the City of Milton and shall ensure that these funds do not displace appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics Code. (g) Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and actions. Reports to the Milton City Council will also be made on a regular and timely basis. (Ord. No. 12-04-133, § 1, 4-23-2012) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-07 AN ORDINANCE TO AMEND THE SEC. 64-2453, CREATION OF A HISTORIC PRESERVATION COMMISSION (TO ALLOW COMPENSATION OF MEETINGS) OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the Sec. 64-2453, Creation of a Historic Preservation Commission regarding compensation of meetings 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 24th day of April, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: ILTONI ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Counci DATE: Steven Krokoff, City Manager Consideration of Revisions to Plat Process, Chapter 50 - Subdivisions. Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J, -YES () NO CITY ATTORNEY REVIEW REQUIRED: (uV(ES (J NO APPROVAL BY CITY ATTORNEY: Q4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 041s4412oO 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 20, 2017 prepared for the April 24, 2017 City Council Meeting. (First Presentation – April 10, 2017, Work Session – April 17, 2017) Re: Text Amendment – Chapter 50 of the City Code – Subdivisions ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Currently, newly proposed subdivisions are submitted to the City as a concept plan that is reviewed for compliance with city codes by Community Development Staff before being presented at a public informational meeting. Subsequently, Land Disturbance Plans are submitted and reviewed before a permit is issued and the development is constructed. The applicant must then file a Final Plat that is reviewed by staff and approved by the Mayor and City Council before being recorded at the Fulton County Superior Court to complete the subdivision of land. Preliminary Plat Process The purpose of this text amendment is to require applicants to submit a Preliminary Plat, formerly called a concept plan, which is reviewed by Community Development Staff for completeness and then presented at a Planning Commission meeting where the subdivision will be either approved or denied. The Staff will notify the public of the upcoming hearing before the Planning Commission. If the Planning Commission denies the preliminary plat, the applicant can appeal the decision to the Mayor and City Council. At the City Council’s Work Session on April 17, 2017, Staff was directed to change the proposed ordinance regarding the Preliminary Plat Process to allow the Planning Commission to only make recommendations rather than “approval or denial”. Staff has updated with text amendment to reflect this request with the assistance of the City Attorney. Final Plat Process The text amendment would also require that, following the issuance of a Land Disturbance Permit, a Final Plat be submitted by the applicant that would be reviewed by staff and certified for compliance by the Community Development Director before being forwarded to the Mayor and City Council for a public hearing and approval. Upon approval, the City will record the Final Plat at the Fulton County Superior Court. Minor Plat Process Minor plats, which are the subdivision of land with three or less lots including change of property lines, address changes, and combination plats will be administratively approved by the Community Development Director and placed on the Mayor and City Council consent agenda for confirmation. Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 6-0. 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 (March, April, 2017) Attachment(s): Chapter 2 of City Code text amendment and ordinance. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 1 4/20/2017 Chapter 50 - SUBDIVISIONS[1] Footnotes: --- (1) --- State Law reference— Municipal annexations, O.C.G.A. § 36-36-1 et seq.; county and municipal urban development, O.C.G.A. § 36-61-1 et seq.; city and county zoning procedures, O.C.G.A. § 36 -66-1 et seq.; local zoning proposal review procedures, O.C.G.A. § 36 -67-1 et seq.; coordinated and comprehensive planning and service delivery by counties and municipalities, O.C.G.A. § 36 -70-1 et seq. ARTICLE I. - IN GENERAL Sec. 50-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meani ngs ascribed to them in this section, except where the context clearly indicates a different meaning: Alley or service drive means a minor, permanent vehicular service access to the back or the side of properties otherwise abutting a street. Bike paths means paths that serve to separate bicycle riders from vehicle and pedestrian traffic. Bike paths can meander through wooded areas, traverse the edge of open areas, and may (in many instances) parallel existing roadways or walks. Block means a parcel of land or lots entirely surrounded by public or private streets, other than alleys. Buildable area means that portion of a lot where buildings and specified structures may be located after all minimum yards, buffers, landscape strips, and other setbacks have been met. Building setback line means a graphic representation of the required minimum horizontal distance between a building and the related front, side, or rear property lines which establish the minimum space to be provided between the building and property lines. Comprehensive plan means a set of documents approved by the mayor and city council which sets forth desired long range development patterns for the incorporated City of Milton, Georgia. Crosswalk means a right-of-way dedicated to public use, four feet or more in width that crosses a street and furnishes a specific area for pedestrian movements at an intersection. Cul-de-sac means a street having only one connection to another street and being permanently terminated by a vehicular turn around. Cul-de-sac, temporary, means a street having one end open to traffic and being temporarily terminated by a vehicular turnaround. This temporary termination is to provide connectivity to future developments. Department means the Community Development Department, City of Milton, Georgia. Director means the director of the community development department or his or her designee. Driveway, access or shared, means a paved area used for the ingress or egress of vehicles, a nd allowing access from a street to a building, other structure or facility. Driveway, single-family residential, access or shared (private drive) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility for no more than three single -family residential lots. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 2 4/20/2017 Easement means a grant by the property owner for use by the grantee of a portion of land for specified purposes. Health and wellness department means the Fulton County Health and Wellness Department or authorized representative thereof. Land disturbance permit. (1) The term "land disturbance permit" means an official authorization issued by the department, allowing defoliation or alteration of a site or the commencement of any construction activities including, but not limited to: a. Clearing; b. Grubbing; c. Dredging; d. Grading; and e. Excavating, transporting and filling of land. (2) The term "land disturbance permit" does not include agricultural practices as defined in the O.C.G.A. § 1-3-3. Lot means the basic lawful unit of land, identifiable by a single deed established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. In determining the area and dimension of a lot, no part of the right -of-way of a road or crosswalk may be included. Lot, corner means a lot abutting two or more stree ts at their intersection. Lot, double/multiple frontage, means a lot other than a corner lot abutting two or more streets that may or may not intersect at that lot. Lot, minimum lot size, means the smallest permissible lot area established by chapter 64 or the conditions of zoning. Mayor and city council means the mayor and city council of the City of Milton, Georgia. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and fe asibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Plat means a map indicating the subdivision or resubdivision of land, intended to be filed for recording. Plat, final, means a finished drawing of a subdivision that provides a complete and accurate depiction of all legal and engineering information required by this chapter. Certification for recording and ratification of the manager's Aapproval by the mayor and city council is required. Plat, minor, means a finished drawing of a subdivision of no more than three lots that, at the time of subdivision, does not necessarily, but may involve: (1) A land disturbance permit; (2) New streets; (3) The extension of a utility or other municipal facility; and (4) Depicts all legal and engineering information required by this chapter. Plat, Preliminary, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The preliminary plat is the first stage in securing a land disturbance permit. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 3 4/20/2017 Right-of-way dedication and reservation plan means an element of the city's comprehensive plan maintained by the public works department which includes guidelines and procedures for the dedication and reservation of rights-of-way along public roadways. Standard details means illustrative minimum st andards for land development activities authorized under the city's land development regulations. These standards shall not supercede more restrictive prudent design requirements or good engineering practices as applied to specific situations on a case -by- case basis. All construction shall meet or exceed the Fulton County minimum standards established by the Georgia Department of Transportation (GDOT). Street classifications means the classification of streets based on functions, from high -traffic arterial roads to low traffic residential streets. The following are definitions intended to distinguish between different street classifications. All roadways are classified per the state department of transportation: Collector means a roadway that has partial or no access control and has more emphasis on access to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the arterial system and allow access to the local roads. Freeway means a multi-lane roadway that has full access control and separation of directional traffic. Freeways accommodate large volumes of high speed traffic and provide efficient movement of vehicular traffic for interstate and major through travel. Frontage street means a road that typically runs parallel to a partial access controlled roadway, a full access controlled facility, or a railroad. Frontage roads provide public access to the adjacent parcels, help control access to the major facility, and/or maintain circulation of traffic on each si de of the major facility. Full access control means preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossings at grade and direct private connections. Local means any roadway that has no access control, and places strong emphasis on access to adjacent land over mobility while service to through traffic is discouraged. Minor arterial means a roadway that has partial or no access control and is primarily used for inter-connectivity of principal arterials and placing more emphasis on access to adjacent land over mobility. No access control means preference is generally given to access to adjacent land rather than mobility. Partial access control means preference is given to through traffic to a degree that, in addition to connection with selected public roads, there may be some crossing at grades, but private connections shall be prohibited. Principal arterial means a roadway that has partial or no access control, and is primarily us ed for fast or large volumes of traffic. Emphasis is placed on mobility rather than access to adjacent land. Street, private, means a street that has not been dedicated to the municipality or other government entity. Street, public, means a dedicated and accepted right-of-way for vehicular traffic. Street, residential, means streets internal to residential subdivisions. The following definitions are intended to distinguish between different categories of streets internal to residential subdivisions: Housing unit service means the number of housing units served by a street or collection of streets shall be the aggregate number of housing units provided, or potentially to be provided, with driveway access directly from the street plus the number of units utilizing or potentially utilizing the street for through traffic movements. Such calculations shall be made at the beginning and ending of the same street intersection. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 4 4/20/2017 Major subdivision street means a local road internal to a subdivision which serves 50 or more housing units. These units do not have to be directly served by the major subdivision street. Major subdivision streets are roads that serve as collectors for the subdivision traffic. An y residential street which accesses a collector or arterial road shall be considered a major subdivision street for the first 300 feet regardless of housing unit service. Minor subdivision street means a local road internal to a subdivision which serves f ewer than 50 housing units and does not access a collector or arterial road. Stub-out street means a street having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter, provided such stub-out street meets the standards of the Fulton County Fire Department. Subdivider means any property owner, person, individual, firm, partnership, association, corporation, estate, trust, agent of property owner, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision. Subdivision, residential and nonres idential, means any division of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcels. The term "subdivision" means the act or process of dividing property, except that, where appropriate to the context, the term "subdivision" may be used in reference to the aggregate of all lots held in common ownership at the time of subdivision. Subdivision, major, means a subdivision that does not qualify as a minor subdivision. Subdivision, minor, means a subdivision of no more than three lots that, at the time of subdivision, does not necessarily, but may involve (1) A land disturbance permit; (2) New streets; or (3) The extension of a utility or other municipal facility. Traffic mitigation action plan means a plan that studies and addresses the number of trips a subdivision will produce when such development results in the reduction of the level of service on any roadway currently functioning at "D" or worse in accordance with the county transportation standards. (1) The term "traffic mitigation action plan" includes, but is not limited to: a. Roadway improvements; and b. Other proposals, such as: 1. Providing transit access; 2. Transit use incentives; 3. Car/van pooling; 4. Bicycle path construction; 5. Off-site and internal sidewalk construction; and 6. Lunch trip reduction. (2) The traffic mitigation action plan shall mitigate the traffic impact in a manner that will show no negative impact on roads with level of service of "D" or worse. Trails, pedestrian or others, means extended and usually continuous strips of land established independently of other routes of travel and dedicated, through ownership or easement, to recreational travel including hiking, horseback riding, etc. Formatted: p0 Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 5 4/20/2017 Utility accommodations (guidelines and procedures) means a county program maintained by the public works department which includes: (1) Installing, maintaining, repairing, operating, or using a pole line, buried cable, pipeline, or miscellaneous utility facility; and (2) Performing miscellaneous operations authorized by a utility permit. Utility permit means an official authorization issued by the public works department, allowing the alteration of land within the right-of-way for the commencement of any construction activities pertaining to utility installation or relocation. Zoning ordinance means the Zoning Ordinance of the City of Milton, Georgia, (chapter 64). (Ord. No. 06-12-74, § 6(art. III), 12-21-2006) Sec. 50-2. - Penalty. (a) Civil. Any person violating any provision of this chapter, shall be deemed liable for civil penalties not less than $1,000.00 and not to exceed $2,500.00 and/or imprisonment for 60 days, or as amended by applicable statutes. Each day's continuance of a violation shall be consider ed a separate offense. The owner of any lands or parts thereof, where anything in violation of this provision shall be placed, or shall exist, and any person who may assist in the separate offense, the city court, or any court of competent jurisdiction, shall have jurisdiction of any offense charged under this section. (b) Additional remedies. In any case in which any land is, or is proposed to be, used in violation of these regulations or any amendment thereto adopted by the mayor and city council, may, i n addition to other remedies provided by law, institute injunction, abatement or any appropriate action, or proceeding to prevent, enjoin or abate such unlawful use. (Ord. No. 06-12-74, § 6(art. XI(11.1), (11.2)), 12-21-2006) Sec. 50-3. - Title. The title of these regulations shall be known as "The Subdivision Regulations of the City of Milton, Georgia." (Ord. No. 06-12-74, § 6(art. I(1.1)), 12-21-2006) Sec. 50-4. - Purpose. These rules and regulations are intended to serve the following purposes, among others: (1) To protect and promote the health, safety and general welfare of the city's residents. (2) To encourage economically sound and stable land developments. (3) To ensure the adequate provision of streets, access, utilities, and other facilities and services to new land developments in conformance with public improvement standards and regulations of the city. (4) To ensure the adequate provision of safe and convenient traffic access, connectivity to other developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land developments. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 6 4/20/2017 (5) To ensure the provision of needed open space and building sites in new land developments through dedication or reservation of land for recreational, educational, environmental, green space, bikeways and pedestrian trails, and other public purposes. (6) To ensure equitable handling of all requests for the subdivision of land by providing uniform procedures and standards for the subdivider. (Ord. No. 06-12-74, § 6(art. I(1.2)), 12-21-2006) Sec. 50-5. - Conflicts. Where conflicts exist between this chapter and other city regulations and policies, either the most restrictive or the city's written interpretation shall prevail. (Ord. No. 06-12-74, § 6(art. XII), 12-21-2006) Secs. 50-6—50-42. - Reserved. ARTICLE II. - AUTHORITY AND APPLICATION Sec. 50-43. - Portions of state Constitution adopted. These subdivision rules and regulations are adopted unde r the authority of the following portions of the 1983 Constitution of the State of Georgia: (1) Article IX, section II, paragraph I; and (2) Article IX, section II, paragraph IV. (Ord. No. 06-12-74, § 6(art. II(2.1)), 12-21-2006) Sec. 50-44. - Minor/conceptualPreliminary plat required. (a) Any subdivider of land within the incorporated city shall submit to the director of the community development department a minor or conceptualpreliminary plat of the proposed subdivision conforming to all the requirements set forth in these regulations and any other applicable county, state and federal regulations. ApprovalRecommendationsmade it is deemed The director of the community development department shall approve or deny the preliminary plat based on the planning commission recommendations in accordance with the process described in section 50- 91. Once the conceptual preliminary plat is approved, a minor plat or final plat must be filed which conforms to all requirements set forth in these regulations. (1) (Ord. No. 06-12-74, § 6(art. II(2.2)), 12-21-2006) Sec. 50-45. - Unlawful to sell or transfer subdivided land without minor or final plat confirmation. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 7 4/20/2017 No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any subdivided land without the minor or final plat of that subdivision having been confirmed by the mayor and city council. (Ord. No. 06-12-74, § 6(art. II(2.3)), 12-21-2006) Sec. 50-46. - Approval and permits required prior to construction. No subdivider shall proceed with any construction work on the proposed subdivision, including clearing, grading or grubbing, before obtaining the appropriate approvals and permits. (Ord. No. 06-12-74, § 6(art. II(2.4)), 12-21-2006) Sec. 50-47. - Approval and confirmation required prior to dedicating, extending or accepting public street. No land shall be dedicated, opened, extended or accepted as a public street or for any other public purpose before obtaining final approval from the director and confirm ation by the mayor and city council. The approval shall be entered in writing on the final plat by the director. Any subdivider of property for public purpose (other than streets) shall be transferred by deed. (Ord. No. 06-12-74, § 6(art. II(2.5)), 12-21-2006) Sec. 50-48. - No building permit issued unless legal access to street approved. No building permit shall be issued within the incorporated area of the city unless legal access is provided to a public street or a private street approved under the te rms of these rules and regulations. (Ord. No. 06-12-74, § 6(art. II(2.6)), 12-21-2006) Sec. 50-49. - Residential subdivision building permit issued only after approval and confirmation of minor or final plat. In residential subdivisions, building permits may be issued on the basis of any approved minor plat or final plat only after the approval of the director, and the mayor and city council's confirmation. (Ord. No. 06-12-74, § 6(art. II(2.7)), 12-21-2006) Sec. 50-50. - Court ordered divisions of property excepted from this chapter. The divisions of property by court order including, but not limited to, judgments of foreclosure or consolidation and disbursement of existing lots by deed or other recorded inst ruments, shall not be considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these regulations. (Ord. No. 06-12-74, § 6(art. II(2.8)), 12-21-2006) Sec. 50-51. - Model home regulations. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 8 4/20/2017 (a) The subdivider shall be allowed one building permit for a model home for each 15 lots located in the proposed subdivision; provided the subdivider provides an agreement to install improvements for a cash surety equal to 125 percent of the cost for the remaining infrastructure improvements, based on written estimates by the design professional for the project. Notwithstanding the permitted rate for model homes, the maximum number of building permits for model homes to be allowed in any one subdivision shall not exceed ten. (b) The following shall apply for lots where model homes are allowed: (1) The lots shall be located within 300 feet of an active fire hydrant; (2) Main sewer and water lines for these lots shall be installed by the developer and be subject to review and approval by Fulton County; installation of these lines shall take place prior to issuance of the certificate of occupancy; and (3) The lots shall have a minimum 20-foot wide fire access road extending from a paved public street to within 100 feet of the proposed structure. (Ord. No. 06-12-74, § 6(art. II(2.9)), 12-21-2006) Secs. 50-52—50-70. - Reserved. ARTICLE III. - REQUIREMENTS DIVISION 1. - GENERALLY 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 pl at. (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 square 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 submi ssion of the final plat to the director. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 9 4/20/2017 (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 or has access to unpaved roads, 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 t he 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, t he following standards shall also apply: a. A proposed lot fronting an existing public street shall contain the necessary frontage required by the zoning ordinance (chapter 64). b. The subdivider shall submit documentation of the necessary easements prov iding 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. (Ord. No. 06-12-74, § 6(4.1), 12-21-2006) Secs. 50-72—50-90. - Reserved. DIVISION 2. - PROCESS Sec. 50-91. - Conceptual planPreliminary plat approval. (a) All preliminary plat applications shall be reviewed by the community development department staff for completeness. A preliminary plat application shall be deemed to be complete if the application complies with all applicable city, county, state and federal regulations. If staff determines that an application is not complete, the applicant will be notified of any deficiencies and provided the opportunit y to revise the plat to correct the identified deficiencies without the need for the filing of a new application. If staff determines that previously identified deficiencies remain in any corrected preliminary plat, staff may reject the application entirely or request that the applicant submit a new corrected preliminary plat. For minor subdivision preliminary plats, after staff determines that the application is complete, the community development director shall review the preliminary plat and shall approve the plat unless the plat is inconsistent with any specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. (1) For major subdivision preliminary plats, after staff determines that the application is complete, the community development director shall forward the application to the planning commission for public hearing, review, comment and recommendation.consideration. (2) The planning commission shall conduct a public hearing and shall review the preliminary plat at its next available regularly scheduled meeting and shall approve provide comments and Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 10 4/20/2017 make recommendations regarding the plat to the community development director. unless the plat is inconsistent with any specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. (3) The community development director shall implement the recommendation s of the planning commission into the preliminary plat prior to the approval of the preliminary plat. a. Notification of planning commission meeting. Prior to the approval of a preliminary plat, said plat shall be placed on the next available planning commission meeting within 45 days of the preliminary plat being submitted. i. The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the planning commission meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled planning commission meeting. ii. The department shall give notice of the planning commission meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the planning commission meeting. iii. The mailed notices shall contain the time, place, and purpose of the planning commission meeting, the location of the property, and description of the proposed subdivision. The posted sign shall include all of the items required in the mailed notice except the location of the property . (2)(4) Upon receipt of the comments and recommendations of the Planning Commission with respect to the preliminary plat, tThe community development director shall implement the comments and rrecommendations of the planning commission by either approving the preliminary plat, denying the preliminary plat, or returning the preliminary plat to the applicant for revision consistent with the comments and recommendations of the planning commission . into the preliminary plat prior to the approval of the preliminary plat. A preliminary plat application may be denied without prejudice, thereby allowing the applicant to resubmit a revised plat for consideration without the necessity of paying a new application fee, if the application is found to be inconsistent with the public health, safety and welfare, but in such a way that minor revisions to the plat could correct th e inconsistency. (b) (a) Pursuant to these regulations, application for conceptual plan approval shall be submitted to the department, and, if found compliant, a certificate of conceptual plan Preliminary plat approval shall be issued which shall continue in effect for a period as follows or for as long as construction activity is continuous and at least 25 percent of the land area within the plan preliminary plat has received final plat approval, whichever is longer: (1) Two years for subdivisions of 50 lots or less. (2) Three years for subdivisions of more than 50, but less than 300 lots. (3) Four years for subdivisions of more than 300 lots. (b) Accordingly, if the certificate of conceptual planpreliminary plat approval expires, a new application shall must be submitted and shall be subject to the regulations in effect at the time of such submission. Formatted: Highlight Formatted Formatted Commented [PF1]: My understanding is that the PC may make recommendations for changes and that the applicant would have to make those changes rather than the director unilaterally making the changes. Formatted: Indent: Left: 1.05", No bullets or numbering Formatted: Highlight Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Indent: First line: 0.01" Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 11 4/20/2017 (Ord. No. 06-12-74, § 6(4.2(4.2.1)), 12-21-2006) Sec. 50-92. - Land disturbance permit. (a) Following the issuance of the certificate of conceptual planpreliminary plat approval, site development plans shall be submitted for approval prior to any defoliation or the commencement of development activities on the subject property. Approval of such plans shall result in the issu ance of a duly authorized land disturbance permit which, along with the approved plans, must be maintained on the site until all site work, as proposed and approved, is completed. (b) An application for a permit for any proposed work shall be deemed to ha ve been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued, except that the director is authorized to grant a maximum of two extensions of time not exceeding 90 days each. The ext ension shall be requested in writing and justifiable cause demonstrated. (c) Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the subdivider protecting the city against damage, repair or maintenance claims a nd liability arising out of drainage problems. The director, or his or her designee, is hereby authorized to execute such agreements on the city's behalf. (d) Every permit issued shall become invalid unless the work on the site authorized by such permit i s commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The director is authorized to grant, in writing, a maximum of two extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (Ord. No. 06-12-74, § 6(4.2(4.2.2)), 12-21-2006) Field Code Changed Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 12 4/20/2017 Sec. 50-93. - Final plat approval. (a) (a) Whenever the provisions of these rules and regulations have been complied with and while the certification of conceptual planpreliminary plat approval is in effect, the subdivider may submit to the manager community development director an application for final plat review and approval pursuant to these regulations. All required infrastructure shall be completed and approved, or performance bonds for a portion of such improvements shall be filed in accordance with subsection (c) of this section prior to filing for final plat approval. (b) The final plat shall be submitted and drawn to the specifications of the Georgia Plat Act and the standards of the city. (c) Prior to the approval or recording of a final plat, the following must be provided by the subdivider, or his or her designee thereof: (1) Cash assurance in an amount equal to 125 percent of the cost of infrastructure improvements not yet in compliance. Said cash bond shall be maintained until the improvements have been approved by the city; (2) Maintenance bond to ensure the viability of infrastructure improvements; (3) Drawings demonstrating the "as-built" conditions of the site, or cash assurance that such will be provided within 30 days; (4) An electronic format acceptable to the public works department containing data about the sanitary sewer and water systems where available; (5) Signed release of the project by the development inspector; and (6) Recorded deed to the city for any dedicated space. (d) All final plat applications shall be reviewed by the community d evelopment department staff for completeness. A final plat application shall be deemed to be complete if the application complies with all applicable city, county, state and federal regulations. If staff determines that an application is not complete, the applicant will be notified of any deficiencies and provided the opportunity to revise the plat to correct the identified deficiencies without the need for the filing of a new application. If staff determines that previously identified deficiencies remai n in any corrected final plat application, staff may reject the application entirely or request that the applicant submit a new corrected final plat. (e) For all final plats, after staff determines that the application is complete and signed accordingly, the community development director shall forward the application to the mayor and city council for consideration and approval. The mayor and city council shall review the final plat at their next regularly scheduled meeting and shall approve the plat unless the plat substantially differs from the previously approved preliminary plat,or is inconsistent with any specific adopted plans or policies , or is inconsistent with the public health, safety and welfare. (f) A final plat application may be denied without prejudice, thereby allowing the applicant to resubmit a revised plat for consideration without the necessity of paying a new application fee, if the application is found to be substantially different from the previously approved preliminary plat , inconsistent with any specific adopted plans or policies, or inconsistent with the public health, safety and welfare . (d) Having been certified by the director as compliant to these and other applicab le regulations, the final plat shall be recorded with the clerk of the superior court of Fulton County. (e)(g) The final plat shall be considered approved upon the vote of approval by at the time of the certification by the director, and shall be presented for ratification to the mayor and city council at the next regularly scheduled meeting. Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 4 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 13 4/20/2017 (d)(h) HavingAfter being been certified by the director as compliant to these and other appli cable regulationsapproved by the mayor and city council, the city shall cause the final plat shallto be recorded with the clerk of the superior court of Fulton County. (c) Should the director not approve any subdivisionfinal plat application be denied, the basis for the denial shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with section 50-231232. Sec. 50-94 – Minor plat approval. (a) For a minor plat, after staff determines that the application is complete, the community development director shall review the minor plat and shall approve the plat unless the plat is inconsistent with any specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. (1) Should the community development director not approve the minor plat, the basis for the denial shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with section 50-233. (b) After the review and approval by the community development director, a minor plat shall be placed on the consent agenda of the mayor and city council meeting. (c) After being confirmed by the mayor and city council, the city shall cause the final plat to be recorded with the clerk of the superior court of Fulton County. Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Field Code Changed Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.25" Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 14 4/20/2017 (Ord. No. 06-12-74, § 6(4.2(4.2.3)), 12-21-2006) Secs. 50-94—50-112. - Reserved. ARTICLE IV. - GENERAL PRINCIPLES OF THE LAND Sec. 50-113. - Suitability of the land. Land subject to flooding, improper drainage, erosion, and deemed unsuitable for devel opment in accordance with the city's standards shall not be platted for any use that may continue such conditions or increase the danger to health, safety, life, or property unless steps are taken to eliminate the hazards mentioned in this section. (Ord. No. 06-12-74, § 6(5.1), 12-21-2006) Sec. 50-114. - Access. (a) Unless otherwise herein noted, every subdivision shall be served by publicly dedicated streets or private streets in accordance with the following: (1) The proposed streets shall meet the city's standards and regulations. Field Code Changed Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 15 4/20/2017 (2) No road intended to be private is to be extended to serve property outside that development unless approved by the public works department. (3) In residential subdivisions, the private roads shall be maintained by a ma ndatory homeowners' association and documents of incorporation shall be submitted to the managerdirector of community development for review and approval prior to the recording of the final plat. (4) The subdivider shall provide all necessary easements fo r ingress and egress for police, fire, emergency vehicles and all operating utilities. (5) The final plat of any subdivision that contains private streets shall clearly state that such streets are private streets. (b) When land is subdivided, the created parcels shall be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets. (c) No subdivision shall be designed so as to completely eliminate street access to adjoining parce ls of land without current street access. (d) Lots may share access as stipulated herein. Lot frontage and access do not necessarily have to be along or front the same public street, if approved by the director. (e) The director shall have the right to encourage design of the subdivision in a manner that will: (1) Enhance traffic circulation and other community needs; (2) Encourage pedestrian traffic to schools, parks, existing and planned greenspace corridors, and neighborhood shopping centers; (3) Reduce impacts on streams and lakes; (4) Reduce unwanted noise, lights on neighboring lots; and (5) Discourage vehicular speeding on local streets. (Ord. No. 06-12-74, § 6(5.2), 12-21-2006) Sec. 50-115. - Conformance to city comprehensive plan. (a) All proposed subdivisions shall conform to the city comprehensive plan and development policies in effect at the time of submission. (b) The director shall not approve plats when such planned features, as specified by the comprehensive plan, are not incorporated into the plat. (c) Whenever the plat proposes the dedication of land for public use and the director or the appropriate agency finds that such land is not acquired consistent with the appropriate agency plans, policies, or priorities, the director may either refuse to approve the plat, or require the rearrangement of lots to include such land. (d) If a development is proposed withi n one mile of any roadway operating at a level of service "D" or worse, in accordance with the county transportation standards, a traffic mitigation action plan must be submitted and approved by the director prior to the issuance of a land disturbance perm it. (e) The term "greenspace," as referred to in this chapter, means a permanently protected land including agricultural and forestry land that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is resto red to be consistent with, one or more of the following purposes: (1) Water quality protection for rivers, streams, and lakes; (2) Flood protection; (3) Wetlands protection; Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 16 4/20/2017 (4) Reduction of erosion through protection of steep slopes, areas with erodib le soils, and stream banks; (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (6) Scenic protection; (7) Protection of archaeological and historic resources; (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and (9) Connection of existing or planned areas contributing to the purposes set out in this section. (Ord. No. 06-12-74, § 6(5.3), 12-21-2006) Sec. 50-116. - Zoning and other regulations. (a) No subdivision shall be created or recorded that does not comply with the standards of the zoning ordinance (chapter 64) and the approved conditions of zoning for the proper ty. (b) Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in the zoning regulations, building codes, or other official regulations or resolutions, the most restrictive shall apply unless set forth in the conditions of zoning. (c) All proposed subdivisions shall comply with the county stormwater design manual. (Ord. No. 06-12-74, § 6(5.4), 12-21-2006) Sec. 50-117. - Amendments. (a) Modifications of the provisions set forth in these regulations may b e approved by the director when granting of such modification will not adversely affect the general public or nullify the intent of these regulations. (b) Should the director deny a request to modify in accordance with subsection (a) of this section, the applicant may appeal the director's decision in accordance with section 50 -231. (Ord. No. 06-12-74, § 6(5.5), 12-21-2006) Secs. 50-118—50-136. - Reserved. ARTICLE V. - CONSERVATION SUBDIVISION Secs. 50-137—50-155. - Reserved. ARTICLE VI. - DESIGN STANDARDS Sec. 50-156. - Compliance with this article required. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 17 4/20/2017 All applicable design standards as set forth in this article and the standard details shall be observed in all plats as approved by the director. (Ord. No. 06-12-74, § 6(7.1), 12-21-2006) Sec. 50-157. - Streets. All streets, public or private, shall be constructed to the construction standards of the city's public works department. (1) The arrangement, character, extent, width, grade, and location of all streets shal l conform to the city comprehensive plan and shall consider their relation to existing and planned streets, topographical conditions, and appropriate relation to the proposed uses of the land to be served by such streets. (2) The streets serving residential subdivisions shall be arranged and designed such that their use for through traffic will be discouraged. (3) Where a subdivision contains a dead-end street or stub-street other than a cul-de-sac, the subdivider shall provide a temporary cul-de-sac within the right-of-way. Where a temporary cul- de-sac is required, the subdivider shall be responsible for maintaining and for the construction of the final street connection or turnaround as required. (4) Where a subdivision abuts or contains an existing or proposed street classified as a collector street or higher, the director may require frontage streets. Double frontage lots may be required to have screening and no access easements along lot lines fronting on arterials or collector streets. Deep lots with rear service drives, or other treatment as may be necessary for adequate protection of residential properties, may be required to afford separation of through and local traffic. (5) Where a subdivision borders on or contains a railroad right -of-way, or a full or partial access control facility right-of-way, the director may require a street approximately parallel to and on each side of the right-of-way. (6) Street right-of-way widths for major streets shall be dedicated as specified in the city comprehensive transportation plan and the right -of-way dedication and reservation plan. Other street right-of-way widths shall be not less than as specified under section 50 -160. (7) Where a subdivision abuts an existing street, the subdivider shall dedicate addit ional right-of-way on the existing streets to meet the requirements as set forth in the right -of-way dedication and reservation plan. (8) New road grades should be as indicated in the following table: Street Type New Road Grade (maximum) Collector 8% Major subdivision street 12% Minor subdivision street 14% Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 18 4/20/2017 Note—Grades exceeding 12 percent shall not exceed a length of 250 feet. (9) Interparcel access shall be provided to adjacent properties upon determination by the director that such access is in the best interest of the public health, safety, or welfare. In residential subdivisions, where private streets are proposed, the director may require a public street for interparcel connection purposes; the director may also require a shared acce ss. (10) Alignment. a. Minimum vertical. All local roads with 25 miles per hour designs shall be connected by vertical crest curves of a minimum length not less than 12 times the algebraic difference between the rates of grade, expressed in feet per hund red. All local roads with a 25 miles per hour design speed shall be connected by vertical sag curves of minimum length not less than 26 times the algebraic difference between the rates of grade, expressed in feet per 100. In any case, the sight distance shall meet the minimum requirements of this article. 1. In proposed approaches of new streets to intersections with existing streets, there shall be a suitable leveling of the street at a grade not exceeding three percent and for a distance of not less than 50 feet as measured from the back of the curb of the intersecting street. 2. In approaches to intersections internal to residential subdivisions, there shall be a suitable leveling of the street at a grade not exceeding five percent and for a distance of not less than 50 feet as measured from the center point of the intersection. b. Minimum horizontal; radii of centerline curvature. The minimum horizontal shall be not less than the following: 1. Major subdivision street designed for 35 miles per hour: 200 feet. 2. Other major subdivision street: 100 feet. 3. Minor subdivision street: 100 feet. c. Tangents; between reverse curves. The minimum tangents shall be not less than the following: 1. Major subdivision streets designed for 35 miles per hour: 100 feet. 2. Other major subdivision street: 50 feet. 3. Minor subdivision street, where there is no super -elevation: 50 feet. d. Intersection visibility requirements. 1. Roadways and their intersections shall be designed such that the proper sight distance is maintained. 2. Minimum sight distance shall be determined by the operating speed of the road as determined by the public works department. 3. Intersection sight distance shall be no less th an the following: Minimum Sight Distance Feet Speed (in mph) Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 19 4/20/2017 280 25 335 30 390 35 445 40 500 45 610 55 4. Minimum horizontal visibility shall be measured on the centerline. 5. When a proposed curb cut intersects an existing roadway, the minimum visibility shall be provided as follows: (i) When measuring in the horizontal plane, the intersection sight distance is determined with the following assumptions. A. The driver's eye location is to be assumed at the centerline of the exiting lane of the proposed curb cut behind the stop bar. B. The object location is to be assumed at the centerline of the closest oncoming lane for each direction. (ii) When measuring in the vertical plane, intersection sight distance is determined with an assumed height of driver's eye and an assumed height of the object of 3½ feet. (iii) When measuring in either plane, the line of sight must remain in the proposed dedicated right-of-way, unless sufficient easements, maintenance agreements, indemnifications agreements are provided, or additional right -of-way is dedicated. e. Stopping sight distance visibility requirements. 1. Roadways and their intersections shall be designed such that proper stopping sight distance is maintained. 2. Minimum sight distance shall be determined by the design speed of the proposed road as determined by the public works department. 3. Stopping sight distance along a roadway shall be no less than the following: Stopping Sight Distance Visibility Requirements Feet Speed (in mph) Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 20 4/20/2017 155 25 200 30 250 35 4. Minimum vertical visibility for stopping sight distance along the roadway shall be determined by measuring between two points of which the height of the driver's eye shall be assumed at 3½ feet to an assumed object which is two feet in height. The line of sight must remain within the proposed dedicated right -of-way, unless sufficient easements, maintenance agreements, and indemnification agreements are provided, or additional right-of-way is dedicated. 5. Minimum horizontal visibility for stopping sight di stance shall be measured on the centerline. (11) Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle less than 80 degrees. Detailed designs of intersections shall be required to include all striping and pedestrian crosswalks. Pedestrian crossing signs and signals may be required. (12) The curbline radius at street intersections shall parallel the right -of-way radius. (13) Right-of-way radius. The right-of-way radius at street intersections shall b e at least 20 feet, and where the angle of intersection is less than 90 degrees, the public works department may require a greater radius. (14) The centerline offsets on streets internal to a residential subdivision shall not be less than 200 feet. The centerline offsets for all other streets and curb cuts providing access to developments shall not be less than 300 feet, except greater centerline offsets may be required by the director. (15) Cul-de-sac streets shall be designed so that the maximum desirab le length shall be 600 feet. (Ord. No. 06-12-74, § 6(7.2), 12-21-2006) Sec. 50-158. - Blocks. (a) The lengths, widths, and shapes of blocks shall be determined with due regard to: (1) Provisions of adequate building sites suitable to the special needs of the type of use contemplated; (2) Zoning requirements as to lot sizes and dimensions unless a planned unit development is contemplated; (3) Needs for convenient access, circulation, control and safety of street traffic; and (4) Limitations and opportunities of topography. (b) Residential blocks shall be wide enough to provide two tiers of lots, except where fronting on streets classified as a collector street or higher or prevented by topographical conditions or size of the property. The director may require or approve a single tier of lots of minimum depth. (Ord. No. 06-12-74, § 6(7.3), 12-21-2006) Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 21 4/20/2017 Sec. 50-159. - Lots. (a) The size, shape, arrangement, orientation of every lot shall be subject to the director's approval for the type of development and use contemplated. Proposed internal lot lines (not on the street side) shall not be curved. (b) Every lot shall conform to the dimension, area, and size requirements of the zoning ordinance (chapter 64) and conditions of zoning. (c) Lots not served by a public sewer or community sanitary sewerage system and public water shall meet the dimension and area requirements of the department of heal th. (d) Double frontage lots shall be prohibited, except as approved by the director provided that such lots are essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography, orientation, and property size. A planted screen may be required along lot lines abutting a traffic artery or other use that would have potential negative impact. (e) The creation of remnant lots that are below minimum standards shall be prohibited unless such lo ts are designated as common area on the final plat and maintained by the homeowners' association or some other entity approved by the city. (f) Each lot shall have direct access to an abutting, existing public street or to a street contained within the proposed subdivision. A connection through an approved private drive may be permitted by the director. (g) The subdividing of land adjacent to or surrounding an existing or proposed lake where lots abutting the lake shall be drawn to the centerlines of the lake or identified a common area, maintained by the homeowner's association. (Ord. No. 06-12-74, § 6(7.4), 12-21-2006) Sec. 50-160. - Subdivision streets. (a) The minimum requirements for major subdivision streets shall be as follows: (1) Right-of-way: 50 feet. (2) Pavement width: 24 feet back of the curb to back of the curb. (3) Cul-de-sac: a. Right-of-way: 50-foot radius with a ten-foot radius landscape island. b. Pavement width: 40-foot radius to back of the curb. (4) Sidewalks. In accordance with subsection 50-182(d). (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing approved by the city arborist. (b) The minimum requirements for minor subdivision streets shall be as follows: (1) Right-of-way: 44 feet. (2) Pavement width: 22 feet back of the curb to back of the curb. (3) Cul-de-sac: a. Right-of-way: 42-foot radius with a eight-foot radius landscape island. b. Pavement width: 32-foot radius to back of the curb. (4) Sidewalks. In accordance with subsection 50-182(d). Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 22 4/20/2017 (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing approved by the city arborist. (c) For streets other than mentioned in subsections (a) and (b) o f this section, the director shall determine the required cross section. (d) All residential subdivision streets shall be designed for a maximum of 25 miles per hour. The director may require that subdivision streets that will not provide direct residenti al access be designed for up to 35 miles per hour. (e) Where streets are longer than 600 feet, traffic calming devices shall be incorporated to include green space, islands, residential roundabouts, or other traffic calming devices as approved by the dire ctor. Where traffic calming devices such as speed bumps are used, they shall not exceed six inches in height. The minimum distance between individual devices shall not be less than 500 feet, and shall not be more than 900 feet. All services must conform to the city's design standards. (Ord. No. 06-12-74, § 6(7.5), 12-21-2006) Sec. 50-161. - Gated communities. Gates installed in subdivisions with more than one lot shall comply with the following: (1) Plan approval and a permit shall be obtained prior to installing of any gates. The permit fee shall be calculated in accordance with applicable building permit fees. Gates shall not prohibit public access to dedicated areas as defined within these regulations. (2) No gate shall be installed within the city's right-of-way. (3) The gate shall not create a dead end street without first installing a cul -de-sac conforming to the city's standards on a dead-end street exceeding 250 feet in length. (4) Gates shall provide for stacking distance, turnaround and emerg ency vehicle access as required by the city. (5) Gate permits may be denied based on traffic conditions, interconnectivity needs, and when not in compliance with adopted guidelines. (Ord. No. 06-12-74, § 6(7.6), 12-21-2006) Secs. 50-162—50-180. - Reserved. ARTICLE VII. - REQUIRED IMPROVEMENTS Sec. 50-181. - Utility improvements required by this article. Every subdivider shall be required to install or have installed the appropriate public utility and improvements referred to in this article as found in the following documents: (1) Department of Public Works: Standard Plans. (2) Fulton County Comprehensive Storm Drainage and Criteria Manual. (3) Sewer Regulations of Fulton County. (4) City of Milton Tree Preservation Ordinance. (5) Utility Accommodation: Guidelines and Procedures. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 23 4/20/2017 (Ord. No. 06-12-74, § 6(8.1), 12-21-2006) Sec. 50-182. - Streets. (a) Grading. The required improvements for street grading shall be as follows: (1) All street rights-of-way shall be cleared and graded to standards of the public works department. (2) Finished grades shall be at levels approved in accordance with the standard plans. (3) When property adjacent to the street is not owned by the subdivider, he or she shall obtain the necessary easements of sloping banks before submitting for a land disturbance permit (LDP). (b) Street paving/striping. The required improvements for street paving/striping shall be as follows: (1) All street paving widths shall be in conformance with standards set forth in article 6. (2) Street pavement shall be installed according to standards adopted by the mayor and city council. (3) Striping shall be installed according to standards adopted by the mayor and city council. (4) On all roads adjacent to a development, the adjacent lane of the road must be widened to provide a 12-foot lane. The road must be milled and repaved throughout the subdivision fronta ge and along the roadway improvements, whichever is greater. The road must either be resurfaced from edge to edge, or it must be milled and repaved to the centerline. No more than one inch vertical drop may be allowed at the pavement/gutter joint and a max imum of six inches of exposed curb must be retained. (5) No striping should be provided on subdivision streets designed for 25 miles per hour, except for stop bars and 50 feet of double yellow centerlines, to be located at each entrance to the subdivision. (c) Curbs and gutters. The required improvements for curbs and gutters shall be as follows: (1) Curbs and gutters shall be installed on all streets except noted herein. Installations shall be in accordance with standards adopted by the mayor and city c ouncil. (2) Curbs and gutters shall be of a straight or standard construction on one or both sides where sidewalks are required. (3) Curbs and gutters may be waived by the director if the sidewalk along the same portion of the roadway is set back a minimum of 12 feet from the edge of pavement and drainage is adequately addressed. Setbacks greater than 12 feet may be required by the director. (d) Sidewalks. The required improvements for sidewalks shall be as follows: (1) Introduction. a. Purpose. The objective is to provide facilities that ensure safe pedestrian movement in the city. b. Intent. Sidewalks are intended to provide a safe pedestrian connection between the subdivision/development and nearby destinations. Pedestrians consist of children walki ng to and from school and neighborhood activities, as well as adults walking to and from neighborhood shopping and transit stops. In addition to the need for sidewalks for circulation and safety, sidewalks can be important elements in the recreational syst em of this community. They can also serve as walking and hiking trails. (2) Performance approach. a. Performance factors. The performance approach shall be applied in determining the need for sidewalks. In this case, the decision to require a development to provide sidewalks shall be made on a case-by-case basis. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 24 4/20/2017 b. Several basic factors shall be used in applying the performance approach. These are street classification and current/potential future volume of pedestrian traffic; residential land use/development density; relation to residential areas; proximity of schools, school bus stops, shopping areas; and proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, and other land uses. 1. Street classification and volume of pedestrian traffic. As traffic volume and road speeds increase, there is more need for separate pedestrian ways to ascertain safety. Sidewalks shall be provided along local streets, collectors, arterials, and private roads according to the density standards in subsection (d)(2)b.2 of this section. 2. Residential land use and development density. i. Sidewalks shall be provided along both sides of all local streets where the residential land use designation in the comprehensive plan is three units/acre or higher density. ii. Sidewalks shall be provided along at least one side of all local streets where the residential land use designation in the comprehensive plan is one to two units/acre. Residential land use designation of one unit or less shall be decided on a case -by- case basis using the other factors contained in subsection (d)(2)b of this section. 3. Relation to residential areas. In general, sidewalks are intended to be within the street right-of-way. This traditional location of sidewalks may be replaced in cluster developments by a flexible pedestrian circulation system. Such a system would connect individual dwelling units with other units, off-street parking, open space systems, and recreational facilities. Also, this system may be permitted to meander through the development within prescribed sidewalk easements. If the sidewalk leaves the right -of- way, an easement and indemnification agreement must be provided for public access and maintenance. 4. Proximity of schools and shopping areas. i. Sidewalks shall be required in subdivisions located within one mile of an existing or proposed school on both sides of any street that provides acc ess to such school. Subdivisions at each side of the street shall provide sidewalks at the corresponding frontage. ii. Sidewalks shall be provided within a distance of up to one mile along both sides of streets leading to or going through shopping areas. 5. Proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, and other land uses. Sidewalks are needed in areas where the following nonresidential land use designations exist: i. Sidewalks shall be required along both sides of all streets in commercial, living - working, and business park land use designation areas. ii. Sidewalks may be required in industrial subdivisions. iii. Sidewalks may be required within a distance of up to one mile along both sides of the streets leading to or going through places of public assembly/transit facilities/other congested areas and other similar places deemed proper by the manager director of community development for public necessity and safety. 6. Relation to established pattern of sidewalks. Notwithstanding the locational requirement for sidewalks in subsection (d)(2) of this section, their future location should follow the already established pattern of existing sidewalks (e.g., on one side of the street, on both sides, etc.). (3) General specifications. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 25 4/20/2017 a. Sidewalks shall be provided by the subdivider at no cost to the city. b. Sidewalks shall have a minimum width of five feet indicated by a note on the conceptual plan preliminary plat. c. Sidewalks along roadways shall not be adjacent to street curbs without a minimum two -foot landscape strip. d. For nonresidential developments, sidewalks shall be a minimum of six feet wide. e. Sidewalks must be provided on or adjacent to an individual lot prior to the issuance of a certificate of occupancy. f. Prior to the recording of the final plat, 125 percent of the cost of the internal sidewalks for any residential subdivision must be perf ormance bonded. This bond will be released when all sidewalks internal to the development have been constructed and approved. All required sidewalks must be provided internal to any residential subdivision within two years of the recording of the final plat, otherwise, the bond is forfeited and the city will use the funds to complete the sidewalk construction. (4) Review guidelines. The manager director of community development may issue guidelines to facilitate the application of the performance-based approach of subsection (d)(2) of this section including, but not limited to, a point system. The intent is to ascertain fairness and consistency in the application of this section. (5) Exception. When the developer requests to install (within a development) sidewalks that are not required by this chapter and at no cost to the city, the manage director of community rdevelopment may approve a reduction to a minimum width of four feet. (e) Street trees. The required improvements for street trees shall be as fol lows: (1) Street trees and other shrubbery that may be retained or planted shall not obstruct sight distances and shall be subject to the director's approval. (2) Street trees that may be required by the director along the street shall be of a species ap proved as street trees in accordance with section 50-160. (Ord. No. 06-12-74, § 6(8.2), 12-21-2006) Sec. 50-183. - Water supply. (a) Where a public water supply is within 300 feet, the subdivider shall install or have installed a system of water mains and connect to such supply. The installation of mains and connections to each lot shall be installed prior to the paving of the street, if possible. The installation shall include services and meter boxes if it is connected to the North Fulton Water System. (b) Where a public water supply is not available, each lot in a subdivision shall be furnished with a water supply system approved by the health department. (c) A separate water service connection shall be provided for each residential unit. Meters shal l be located as specified by the utility company. (d) Fire hydrants shall be located and set in accordance with the City of Atlanta Water Works SpecificationsFulton County and the City of Milton Standard Plans, where applicable. In addition, the fire hydrants shall be serviced by the following: (1) Not less than an eight-inch diameter main if the system is looped. (2) Not less than an eight-inch diameter main if the system is not looped or the fire hydrant is installed on a dead-end main exceeding 300 feet in length. (3) In no case shall dead-end mains exceed 600 feet in length for main sizes less than ten inches. Commented [PF2]: Preliminary plat (?) Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 26 4/20/2017 (e) When required by the public works department, a reuse water irrigation distribution system to each lot shall be installed. This system sh all consist of an eight-inch diameter ductile iron pipe identified as "nonpotable water," painted purple in accordance with standard pipe identification schedules, and installed on the south or east shoulder of the right -of-way limit. All pipes and appurtenances must be in accordance with the Fulton County Water Reuse Standards. Each property owner requesting an irrigation meter shall connect to the reuse water main, if activated. (f) If a subdivision is replatted and the originally platted lots configuration is changed after the water service lines have been installed, the water system shall be modified to properly serve each lot in accordance with the Fulton County water specifications. (Ord. No. 06-12-74, § 6(8.3), 12-21-2006) Sec. 50-184. - Sanitary sewerage system management. (a) When public sanitary sewers are within 300 feet of the subdivision, the subdivider shall provide sanitary sewer services to each lot within the bounds of the subdivision. All street sewers serving lots in the subdivision shall be installed by the subdivider. A formula may be developed by the public works department to provide for a sharing of the costs of sewerage facilities needed to serve the subdivisio n and other subdivisions in the same drainage basin. (b) When, in the written opinion of the health and wellness department and the public works department, a public sanitary sewer is not accessible, an alternate method of sewage disposal for each lot or a community sewerage disposal system may be used, when in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations. (c) When the operation of a temporary sanitary sewerage system requires land to be set aside for a disposal plant, the property owner shall giv e the county title to the property for as long as the plant is in operation. The title may carry a reversionary clause returning the property to the owner when the site is no longer necessary for the operation of the plant. (d) In a drainage basin, which at the time of plat application is scheduled for a public sewerage system, all subdivisions shall be provided with a temporary community sewerage disposal system as approved by the public works department and the health and wellness department. The system shall include permanent sewerage outfall lines, plus a temporary treatment plant to be installed by the subdivider. (e) Whenever the installation of a sanitary sewer is required, as provided by these rules and regulations, no new street shall be paved wit hout the sewer being first installed in accordance with the requirements of the sewer specifications of the city's public works department and the Fulton County sewerage regulations. (f) If a subdivision is replatted and the originally platted lots config uration is changed after the sewer service lines have been installed, the sewer system shall be modified to properly serve each lot in accordance with Fulton County sewer specifications. (Ord. No. 06-12-74, § 6(8.4), 12-21-2006) Sec. 50-185. - Stormwater provisions. (a) Stormwater management. Engineering and construction on any land within the city shall be carried out in a manner as to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion, or deposition upon private property or public streets of water-transported silt and debris. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 27 4/20/2017 (1) Proper drainage plans shall be submitted for review by the department. These plans shall be prepared by a professional engineer or landscape architect, currently registered to practice in the state, with stamp affixed. (2) The plans shall be accompanied by profiles of natural and proposed drainageways, including: a. Storm pipes; b. Cross sections; c. Drainage swales; and d. Downstream analysis. (b) Design for stormwater management. (1) The grading and drainage plans must be accompanied by a hydrology study. This computation shall be based on the one-, two-, ten-, and 25-year storm, or as required by the county. (2) The purpose of the hydrology study is as follows: a. Identify the surface water runoff quantity, quality and rate; b. Establish runoff management control requirements for the development; c. Furnish all design calculations for the manage ment control facilities, surface water conveyance systems (before and after development runoff); and d. Furnish design calculations for the volume of storage required. (3) A schedule indicating the timing for planting or mulching for temporary or permane nt ground cover shall be submitted with these grading and drainage plans. (4) Erosion control devices must be installed prior to the initiation of grading and construction; the engineer must state this requirement on the engineering drawings. (5) In order to ensure full compliance with the approved construction plans, final plat approval will be withheld until "as-built" drawings, prepared by a professional engineer or landscape architect currently registered in the state, have been submitted and approved by the department in accordance with section 50-93. No occupancy permit shall be issued until released by the department. (6) The owner shall be responsible for the maintenance of the storm drainage facilities during grading and construction, and for a 15-month period following final plat approval. Maintenance will be construed to include preserving the enclosing walls or impound ing embankment of the detention basin and permanent sedimentation ponds and security fences, in good conditions; ensuring structural soundness, functional adequacy, and freedom from sediment of all drainage structures; and rectifying any unforeseen erosion problems. (c) Detention/retention design. (1) General provisions. a. Installation of properly functioning detention facilities, including outflow control devices, shall be the responsibility of the owner. If any control devices are damaged or destroyed during grading or construction, all processes shall cease until such devices are restored to their functioning capability. The owner, through application for grading or construction permits, accepts the responsibility of maintenance of the control devices . b. When serving more than three lots, detention ponds, retention ponds, and water quality features (including all required access easements, landscape strips, and fences) shall be located on a separate parcel where no home can be constructed. This parcel shall be owned and maintained by the homeowners' association or the owners of the lots being served by this pond. The parcel shall have a minimum of 20 -feet-wide continuous access to a public or Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 28 4/20/2017 private road in a manner that allows access and maintenance of this parcel. In addition, this parcel will not be required to meet the normal lot standard. (2) Layout design standards. The ponds layout shall provide for the following minimums: a. 20-foot graded access easement; b. 20-foot landscape strip for scr eening purposes; c. Ten-foot access easement for maintenance; and d. Six-foot-high fence. (3) Alternative design standards. Applicants are encouraged to carry out innovative detention/retention layout that is intended to make such facilities an attracti ve amenity or focal point to the subdivision. To achieve that, the director may approve the following alternative design standards in lieu of those in subsections (c)(1) and (c)(2) of this section: a. Such alternative design should provide for attractive layout and means for detaining/retaining/moving water. b. The design should follow the natural land forms around the perimeter of the basin. The basin should be shaped to emulate a naturally formed depression. c. Redistributing soils from basin construction to create natural landforms around the perimeter of the basin is encouraged. These forms should be located strategically to filter views or redirect and soften the views from residential areas. d. Side slopes of basins must not exceed one-foot vertical for every four-foot horizontal. Where possible, side slopes should be varied to imitate natural conditions. Associated natural landforms should have side slopes no greater than one -foot vertical for every three-foot horizontal to accommodate lawn maintenance equipment. Varied slopes will be encouraged. e. The applicant should consider the use of plant materials that naturally grow in the area. Trees and shrubs should be grouped in informal patterns to emulate the natural environment. The intent is to soften the views of these basins. (4) Design guidelines. The director may issue design guidelines illustrating details of the standards in subsection (c)(3) of this section. (d) Storm drain system stenciling/identification. (1) All residential subdivision and commercial entity storm drainage structures or fac ilities (e.g., catch basins, storm sewer inlets, culverts, impoundment facilities, manholes, and other facilities that convey stormwater runoffs) shall be properly identified. (2) Each drainage structure shall be identified with the use of durable and reu sable Mylar stencils (stencils will not be provided by the county) that measure 20 inches by 30 inches with two -inch lettering and an environmentally formulated, water base, but soluble striping paint (color blue). The message on the stencil shall read: "DUMP NO WASTE" (Picture of a trout) "DRAINS TO STREAM" (e) Sanitary and storm sewer easement. (1) All permanent easements shall be 20 feet in width. When access for maintenance purposes is required, the maximum longitudinal slope along the easement sha ll be 30 percent at grade in the steepest direction. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 29 4/20/2017 (2) No fill shall be placed on a sanitary or storm sewer easement without approval by the public works director. All sanitary manholes must extend to the ground surface. All easements terminating on a parcel shall extend to the property line. (3) No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary and storm sewer easements, including vehicular access easements around structures, without approval from the public works director. No fence shall be placed across sanitary or storm sewer easements without gates to which the public works department has full access. No planting shall take place in a sanitary or storm sewer easement that will impede vehicular acces s along the easement or endanger the pipeline. No surface water shall be impounded on a sanitary sewer easement. No other pipeline or utility shall be placed in a sanitary or storm sewer easement without approval by the public works director. (4) Each lot or parcel of land in a subdivision shall have a separate sewer connection terminating at the easement limit or right-of-way limit with a vertical cleanout pipe. No connection of the public sewerage system shall be made except at a sewer connection approve d by the public works director. (5) No surface water, groundwater, storm drain, gutter, downspout, or other conveyance of surface water or groundwater shall be discharged into the sanitary sewer. (Ord. No. 06-12-74, § 6(8.5), 12-21-2006) Sec. 50-186. - Plans and construction. (a) No sanitary sewer shall be accepted by the county without an "as -built" drawing showing the horizontal and vertical alignment of the sewer system, the locations of all manholes, sewer connections, piping materials, required easement limits and junctions, and property lines. This should be provided in the form of plans, profiles, and plats; when possible, an electronic copy of the required data, compatible with the city's geographical information system (GIS), shou ld be submitted. (b) No storm sewer shall be accepted by the countycity without an "as-built" drawing showing the horizontal and vertical alignment of the sewer system; the locations of all manholes, junctions, detention ponds, retention ponds, and sewer system outfalls discharging into ditches or creeks; sewer connections, piping materials, required easement limits; and property lines. This information shall be provided in the form of plans, profiles, details, sections and plats and, when possible, in an electronic form compatible with the city's geographical information system (GIS) and the applicable department of public works' database. (c) In the case of single-family residential subdivisions, by written application, the owner may request that the city assume partial maintenance responsibility of drainage facilities, effective after the expiration of the initial maintenance 15 months. Within 60 days after receipt of such application, the director shall respond in writing to the owner/applicant. Such response shall set forth additional terms and conditions for acceptance. However, maintenance by the city shall be limited to ensuring the functional adequacy of such drainage structures. The maintenance responsibility shall remain partially with the homeowners' association unless and until, and only to the extent that, the homeowners' association is expressly relieved of such responsibility pursuant to and in accordance with a written instrument signed by the director. Appropriate easements shall be executed and recorded pursuant to this subsection. For all other types of development, responsibility for maintenance of storm sewer system and detention ponds including, but not limited to, periodic silt removal to maintain functional integrity, will remain the owner's responsibility. Maintenance responsibility shall constitute an obligation running with the land and shall be binding upon the owner's executors, administrators, heirs, successors, and successors - in-title. The owner/developer shall provide stabilizat ion, including vegetation, and installation of security fences for safety purposes at detention facilities, as prescribed, prior to approval of the final plat by the director. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 30 4/20/2017 (d) Any single-family detached home which involves less than 10,000 square feet of cleared area, or all impervious surface areas combined, and is in excess of 2,000 feet from the Chattahoochee River, shall be exempted from the provisions of a hydrology study. In no such case, however, shall grading involve over 25 percent of the total land area. Sites within 2,000 feet of the Chattahoochee River shall be developed in accordance with the Atlanta Regional Commission's vulnerability analysis, as determined by the director. (e) All engineering and construction, regardless of whether such engineering or construction is being accomplished on public land or on public easements, shall meet the minimum requirements of these regulations. (Ord. No. 06-12-74, § 6(8.6), 12-21-2006) Sec. 50-187. - Monuments and iron pipes. (a) Permanent monuments shall be accurately set and established to tie with the county GIS monuments or as required by the director. (b) The monuments shall consist of two, two-inch iron pipes, 16 inches in length, or T bars, 24 inches in length, or other approved materials. The monuments shall be set so that the top of the pipe shall be six inches above the ground level, unless otherwise approved by the public works department. (c) The accurate location, material, and size of all existing monuments shall be shown, on the fina l plat, as well as the future location of monuments to be placed after street improvements have been completed. (d) Iron pipes at least one-half inch by 16 inches shall be used and shall be set two inches above the finished grade. (Ord. No. 06-12-74, § 6(8.7), 12-21-2006) Sec. 50-188. - Underground utilities. (a) All existing and proposed utilities, including all electrical, telephone, television and other communication lines, both main and service connections, serving or having capacity of 69 KV or les s, abutting or located within a requested land disturbance area, shall be installed under ground in a manner approved by the applicable utility provider and in compliance with the city's right -of-way and erosion control regulations, if applicable. (b) Lots that abut existing easements or public rights -of-way, where overhead electrical or telephone distribution supply lines and service connections have previously been installed, may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed under ground. Should a road widening or an extension of service, or other such conditions, occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be under ground. (c) Contractors or developers of subdivisions shall: (1) Submit drawings of the subdivision layout showing locations of underground electrical cable, transformers, and other related fixtures, in accordance with the standard plans. These drawings must be approved by the city before installation of the underground utility and before a building permit can be issued. (2) Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to the utility company. (3) Submit proof of payment for complete installation. Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 31 4/20/2017 (4) Have an agreement with the appropriate power company for complete maintenance of all installations and provide proof of payment. (d) Streetlights and pedestrian lighting. (1) Streetlights and pedestrian lights shall be provided by the developers of all new subdivision s. At the time of, and as a requirement of, submission of a final plat, the developer shall: a. Submit a drawing of the subdivision's layout showing locations of streetlights and required pedestrian lights. This drawing must be approved by the director pr ior to obtaining any building permit within the subdivision. The layout shall be shown on the land disturbance permit. Fixtures and standards/poles installed or used shall be approved by the city and by the utility company which shall be responsible for the maintenance of the facilities. 1. Streetlight fixtures shall be mounted 30 feet above the ground and shall have appropriate arm length to place the light over the street. No arm shall be less than five feet long. Post-top luminaries may be permitted whe n approved by the city, providing same are in compliance with the requirements of the zoning ordinance (chapter 64). Fixtures shall be located no more than 300 feet apart and at least one light shall be located at each street intersection within the subdiv ision. When a subdivision is located in a zoning overlay district, light standards shall comply with the requirements of the overlay district. 2. Pedestrian lights shall be installed as required by the overlay district or the specific zoning case. b. Pay all costs for standards/poles, fixtures and any other related items or material necessary for installation. c. Submit proof of payment for complete installation to the director. d. Submit a copy of an executed agreement with the utility company for c omplete maintenance of all installations. (2) When street lighting is requested by existing residents, these residents shall: a. Submit a petition to the public works department from the residents affected showing a 90 percent support for the request. The affected residents shall be all residents whose properties are located, in whole or in part, within 150 feet of a proposed streetlight. b. The request to the city for streetlights shall include a sketch indicating the individual location of lights within the subdivision, along with the residential location of each signatory to the petition. c. If standards/poles within the subdivision for the placement of these lights do not exist, or do not meet utility company requirements, it shall be the petitioners ' responsibility to have these standards/poles placed prior to installation of the streetlights, at their cost. Installation of poles within the county's right -of-way shall be subject to the approval of the public works director. The streetlight fixtures are to be installed at the expense of the petitioners. (3) When each of the applicable items in subsection (c) of this section has been completed, theFulton CountyCity of Milton shall: a. Assume maintenance responsibility and make the monthly payments to the utility company for electrical energy for each streetlight when at least 50 percent of the dwelling units in the subdivision have been occupied. b. Pay only the current monthly negotiated amount for electrical energy for each streetlight. (Ord. No. 06-12-74, § 6(8.8), 12-21-2006) Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 32 4/20/2017 Secs. 50-189—50-207. - Reserved. ARTICLE VIII. - FEES Sec. 50-208. - Required with submission of application. Every application for a minor plat, conceptualpreliminary plat, final plat, or other plat submitted pursuant to these regulations shall be submitted to the director along with such fees as may be established from time to time by the mayor and city council. Failure to pay such fees as required shall cause the plat to be returned to the applicant, without acceptance for review or consideration by the city. (Ord. No. 06-12-74, § 6(9.1), 12-21-2006) Sec. 50-209. - Fees associated with conceptual planpreliminary plat. Following the approval of a conceptual planpreliminary plat and prior to authorization to begin construction, the developer shall pay the required inspection, water and sewer connection, curb cut, and street sign fees as may be established from time to time by the mayor and city council. (Ord. No. 06-12-74, § 6(9.2), 12-21-2006) Sec. 50-210. - Bond costs associated with final plat approval. Prior to approval of a final plat and as a prerequisite for acceptance of any such final plat, the developer shall provide such performance bonds, maintenance bonds, or cash assurances as required by these regulations and as established from time to time by the mayor and city council. (Ord. No. 06-12-74, § 6(9.3), 12-21-2006) Secs. 50-211—50-229. - Reserved. ARTICLE IX. - ADMINISTRATION AND ENFORCEMENT Sec. 50-230. - Authority of director. These subdivision regulations shall be administered and enforced by the director of the public works departmentcommunity development. (Ord. No. 06-12-74, § 6(10.1), 12-21-2006) Sec. 50-231. - Denial; appeal procedure for preliminary plat. (a) Should the director deny any such plat, minor or finala preliminary plat, a written explanation shall be provided to the subdivider stating the basis for the denial. Within 30 days of the date of said written explanation, the owner of record or the subdivider may file with the community development Formatted: Highlight Formatted: Highlight Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017 – Comments highlighted in yellow based on comments from the Council. ) Page 33 4/20/2017 department a letter appealing the decision which, together with a report from the director, shall be forwarded to the city board of zoning appeals for consideration pursuant to article 22 of chapter 64 . Sec. 50-232 – Denial; appeal procedure for final plat . (a) Should the director or city council deny any final plat, a written explanation shall be provided stating the basis for the denial. The owner of record or the subdivider may file a writ of certiorari filed with the Superior Court of Fulton County within 30 days of the date of the mayor and city council's decision. Sec. 50-233 – Denial; appeal for directors review comments or minor plat. (ab) Should an applicant disagree with the director's review comments with respect to or denial of a minor plat, concluding factual or interpretive errors have been made, the following appeal procedure is intended to resolve the issues: (1) Submit to the director within 30 days of the comments at issue, a letter clearly defining the nature of the disagreement, the specific reference to the article of this chapter at issue, and the applicant's opinion. (2) The director shall submit the request to the technical staff review committee. The technical staff review committee shall be selected by the director and formed from the appropriate departments' staff, relative to the subject appeal. (3) The technical staff review committee shall provide comments and a written recommendation to the director within ten working days. (4) Should the director, after review of the applicant's statement and the recommendation of the technical staff review committee, conclude that these provisions would not be violated, the director shall modify his or her comments accordingly. (5) Should the director conclude that these regulations would be violated, the director shall provide the applicant with a written letter of denial and advise the applicant of the appeal process to the board of zoning appeals. (6) The board of zoning appeals shall, after receiving a report from the director, decide the issue. The decision shall constitute the final administrative appeal. (Ord. No. 06-12-74, § 6(10.2), 12-21-2006) Sec. 50-232235. - Appeal hearing; variance to design standards (Article VI) and required improvements (Article VII). (a) Should the director not approve a request to vary any article of these regulations within 30 days, the applicant may appeal in writing, stating the article to be varied and th e reason the variance should be granted. (b) The of board of zoning appeals may issue a variance to the provisions of Articles VI and VII of this Chapter in accordance with the procedures for primary variances described in chapter 64. The applicant shall file a variance application to these regulations with the board of zoning appeals, which shall have the authority, after hearing from the applicant and the director, to grant, modify or deny the variance. The board of zoning appeals shall base its decisio n on hardships as described in chapter 64. (Ord. No. 06-12-74, § 6(10.3), 12-21-2006) Commented [PF3]: Added to reflect reference from section 50- 94 that this is the process for handling appeals of minor plat denials by director STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 50 OF THE CITY CODE – SUBDIVISIONS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 50 - Subdivisions 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 24th day of April, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: IMLTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 14, 2017 Steven Krokoff, City Manager 6d Consideration to Amend Chapter 2, Article V, Division 3, Planning Commission, Section 2-206 - Duties. Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( /YES () NO CITY ATTORNEY REVIEW REQUIRED: VYES () NO APPROVAL BY CITY ATTORNEY. (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0WILY1201-) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Ca To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting. (First Presentation – April 10, 2017, Work Session – April 17, 2017) Re: Text Amendment - Chapter 2 of the City Code – Administration- Sec. 2-206 – Duties of the Planning Commission ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Currently, the Planning Commission’s duties include only the ability and advise and to review rezonings, use permits, concurrent variances and text amendments. The proposed amendment will grant the PC the ability to approve or disapprove preliminary plats. This is part of the global change to the Preliminary Plat process to include a public hearing to be held at the Planning Commission meeting. The new process is outlined in Chapter 50, Subdivisions, which is concurrently being considered on this agenda. Results of the March 22, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 6-0. 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 (March, 2017) Attachment(s): Chapter 2 of City Code text amendment and ordinance. Chapter 2 – City Code - Text Amendment prepared for the Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017) 4/7/20174/5/20174/3/2017 Page 1 of 1 DIVISION 3. - PLANNING COMMISSION Sec. 2-205. - Purpose. This planning commission is a seven-member advisory board that reports its findings, decisions and recommendations to the mayor and city council. (Ord. No. 07-04-11, § 2, 2-15-2007) Sec. 2-206. - Duties. The commission is charged with upholding the policies of the city comprehensive plan when reviewing rezonings, use permits, concurrent variance s, and changes to the city zoning ordinance (chapter 64) and associated zoning map. In addition, the commission is charged with making decisions , including recommendations on preliminary plats. (Ord. No. 07-04-11, § 3(I), 2-15-2007) Sec. 2-207. - Composition. (a) Nominations. Each councilmember and the mayor shall nominate his or her designee for one of the seven positions on the commission. (b) Residency requirement. The mayor's designee shall reside anywhere within the city and each of the councilmember's designees shall reside within his or her respective council district. (c) Confirmation. The designees shall be confirmed by a majority vote of the city council. (d) Eligibility; removal. The commission members shall be a minimum of 21 years of age an d be a United States citizen or legal resident. Any commission member may be removed from office for cause by a vote of the city council. (Ord. No. 07-04-11, §§ 3(II)—6, 2-15-2007) Sec. 2-208. - Terms. The commission members shall serve concurrently wit h their respective councilmembers as follows: (1) Districts 2, 4 and 6: one-year term expiring December 31, 2007; after that the term will last for four years. (2) Districts 1, 3 and 5 and the mayor: three-year term expiring December 31, 2009; after that the term will last for four years. (Ord. No. 07-04-11, § 7, 2-15-2007) Sec. 2-209. - Reimbursement. The city council shall only provide for the reimbursement for actual and necessary expenses of the planning commission. (Ord. No. 07-04-11, § 8, 2-15-2007) Secs. 2-210—2-228. - Reserved. Formatted: list0 Formatted: Tab stops: 1.02", Left STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2 OF THE CITY CODE – ADMINISTRATION – SEC. 2-206 – DUTIES OF THE PLANNING COMMISSION. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 24, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the Sec. 2-206, Duties of the Planning Commission 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 24th day of April, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk I LTO N It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 14, 2017 FROM: Steven Krokoff, City Manager&) AGENDA ITEM: Consideration of a Memorandum of Understanding By and Between the City of Alpharetta and the City of Milton for a Jointly Owned Passive Park. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-'"'ES () NO CITY ATTORNEY REVIEW REQUIRED: (-'YES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED () NOT APPROVED PLACED ON AGENDA FOR: aK I 1,q) ZVI 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us NO Page 1 of 2 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF ALPHARETTA AND THE CITY OF MILTON FOR A JOINTLY OWNED PASSIVE PARK WHEREFORE the City of Alpharetta (“Alpharetta”) and the City of Milton (“Milton”) (collectively the “Parties” or individually a “Party”) do hereby enter into this Memorandum of Understanding (MOU) for the purpose of memorializing the parties’ intention of jointly acquiring, owning, operating, improving, and maintaining a municipal park located at 1470, 1480 and 1490 Mayfield Road, Alpharetta, Georgia, (the “Property”) in the City of Alpharetta. Based upon the receipt of $10.00 and other good and valuable consideration exchanged, the receipt and sufficiency of which are acknowledged by the signatures affixed below, the Parties do hereby express their intention to undertake the following: 1. The Parties shall jointly make an offer to the Property owner(s), with both Alpharetta and Milton responsible for fifty (50) percent of the purchase price, with the capped purchase price being no more than $__________; and no Party responsible for more than $__________. 2. Alpharetta and Milton shall individually be responsible for their own respective legal fees related to the acquisition. 3. The Property, following closing, shall be jointly titled in the name of Milton and Alpharetta. 4. The Parties shall split equally all due diligence and closing costs. 5. It is the expectation and intention of the Parties that the Property shall be jointly insured by each Parties’ general liability insurance carrier. 6. During due diligence, the Parties shall enter into a formal Intergovernmental Agreement to confirm: Page 2 of 2 a. Future obligations with respect to how daily and long-term decisions shall be made relative to the Property; b. Future obligations with respect to maintenance, repair, and upkeep relative to the Property; c. Future obligations with respect to capital improvements relative to the Property; d. Future obligations and decision-making relative to park and recreation programming as to the Property. e. The Parties agree that all decisions relative to items 6 (a) through (d) shall be guided by the principal that the Property is to be a park jointly owned by Alpharetta and Milton, on an equal basis, for the joint and equal usage by citizens of Alpharetta and Milton. 7. It is the expectation of the Parties that the Property shall be a passive amenity as opposed to an active park, thereby allowing trails, pavilions, children’s play areas, and other similar passive recreational amenities. SO APPROVED, this _________ day of April, 2017. ___________________________ ______________________________ Joe Lockwood, Mayor David Belle Isle, Mayor City of Milton City of Alpharetta ___________________________ ______________________________ Sudie AM Gordon, City Clerk Coty Thigpen, City Clerk Seal Seal M11T0N*k1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 14, 2017 FROM: Steven Krokoff, City Manag r AGENDA ITEM: Consideration and Ratification of the Final Comprehensive Service Delivery Strategy with Fulton County and all Municipalities. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,YAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,l-fES () NO CITY ATTORNEY REVIEW REQUIRED: (-rYES () NO APPROVAL BY CITY ATTORNEY: (,k PPROVED () NOT APPROVED PLACED ON AGENDA FOR: GK%t'l) 2u-7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us STATE OF GEORGIA RESOLUTION NO. ___________ COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON APPROVING THE SERVICE DELIVERY STRATEGY ACT AGREEMENT WHEREAS, the City of Milton was incorporated on December 1, 2006; WHEREAS, pursuant to O.C.G.A. § 36-35-3, municipal corporations have the legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government; and WHEREAS, in accord with O.C.G.A. § 36-70-25, every county and municipality that successfully complete a Service Delivery Strategy (“SDS”) negotiation is required to approve the SDS by way of a resolution; and WHEREAS, pursuant to O.C.G.A. § 36-70-28, a county and its respective municipalities, to include the City of Milton, are required to review and revise a SDS when an existing SDS Agreement expires; and WHEREAS, a new SDS between Fulton County and its respective municipalities has been the subject of negotiation since approximately 2012; and WHEREAS, the SDS has now been completed and is ready for Council approval; and WHEREAS, the proposed SDS is attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the Council for the City of Milton that the Service Delivery Strategy, attached hereto as Exhibit A, is hereby adopted with direction to staff to deliver this Resolution to Fulton County such that it may be tendered to the appropriate State agency. BE IT FURTHER RESOLVED that the Council, in approving, specifically notes that the SDS documentation regarding provision of jail service is in need of clarification to reflect that jail service in Milton is provided via a Memorandum of Understanding (“MOU”) between the Milton Department of Public Safety and the Fulton County Sheriff that provides that City prisoners are housed at the North Fulton jail annex. That MOU is attached hereto as Exhibit B. SO RESOLVED this _____ day of ________, 2017, the public health, safety and welfare demanding it. Approved: ______________________________ Joe Lockwood, Mayor, City of Milton Attest: ______________________________________ Sudie Gordon, Clerk, City of Milton Seal: COUNTY: FULTON COUNTY1. Check the box that best describes the agreed upon delivery arrangement for this service:! Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (lfthis box is checked, identify the government, authority or organization providing the service.):nservice will be provided only in the unincorporated portion of the county by a single service provider. (lf this box ischecked, identify the government, authority or organization providing the service.): Type Name of Government, Authorityor Organization Herelone or more cities will provide this service only within their incorporated boundaries, and the service will not be providedin unincorporated areas. (lf this box is checked, identify the government(s), authority or organization providing the service:nOne or more cities will provide this service only within their incorporated boundaries, and the county will provide theservice in unincorporated areas. (lf this box is checked, identify the government(s), authority or organization providing theservice.):ril;ll*Xotner (lf this box is checked,andidentify the government, authority, or other organprovides jail services for all state and countythat will provide service within each service area.): Fulton Countywithin Fulton County. Fulton County also providesmunicipal jail services for Alpharetta, Roswelld Union City. Each remaining City (Atlanta, Chatt Hills, CollegePark, East Point, Fairburn, Hapeville, Johns Creek,.{li{ton¡ Mountain Park, Palmetto and Sandy Springs) providesjail services for municipal offenders within its respective municipal boundaries.2. ln developing this strategy, were overlapping service areas, unnecessary competition and/or duplication of this serviceidentified?n yes (if "Yes," you must attach additional documentation as described, below)Xlvolf these conditions will continue under this strategy, attach an explanation for continuinq the arranqement (i.e.,overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons thatoverlapping service areas or competition cannot be eliminated).lf these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action thatService; JailMake copies of this form and complete one for each service listed on FORM 1, Section lll. Use exactly the same service names listed on FORM 1.Answer each question below, atlaching add¡tional pages as necessary. lfthe contact person for this service (listed at the bottom of the page) changes, thisshould be reported to the Department of Community Affairs.lnstructions:Community AffairsDepartment of3(O c"ov¡íoSERVIGE DELIVERY Srnarecyof Service DeliveFORM 2:mentsArraSummPaoe 1 o12FC 001097 will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it.FC 001098 Mountain ParkUnion City, College ParkPalmetto, Roswell, Sandy SpingsHapeville, Johns Creek, MiltonChatt Hills, East Point, FairburnFulton County, Alpharetta, AtlantaLocal Govemment or AuthorítvGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundGeneral FundFundins Method3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.9.,enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impactfees, bonded indebtedness, etc.).4. How will the strategy change the previous arrangements for providing and/or funding this service within the county?Jail service was not included as a service in the previous Service Delivery Strategy Agreement. The way the service isprovided is not fundamentally changed, with the exception of the lease of jail space from Union City.5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy forthis service:fl\emuran du-,r F Uncltr¡*r'n d';,lnmate Detention Agreementlnmate Detention Agreementlnmate Detention AgreementIGAAgreement Name'Þ--û-r;, Çt-l-?$n.,iÞnÈ Érl.- f,.-.{-, ,.-.l. f .J-.,Ê ultr\t*-East Point and College ParkEast Point and HapevilleEast Point and FairburnFulton County and Union CityContnctins Parties4 /Z't/ol - rn,l.fr'n,le__7115113 - indefinite8113113 - indefinite7119113 - indefinite8t20t13 - 12t31t16Effective and Endins Dates6. What other mechanisms (if any) will be used to implement the strategy for this service (e.9., ordinances, resolutions, localacts of the General Assembly, rate or fee changes, etc.), and when will they take effect?Not Applicable7. Person completing form: Laura Lewis, Staff AttorneyPhone number: 404.612.0246 Date completed: 41251168. ls this the person who should be contacted by state agencies when evaluating whether proposed local governmentprojects are consistent with the service delivery strategy? flYes Xlrtolf not, provide designated contact person(s) and phone numbe(s) belowcouNTY MANAG ER 14041 612-0832Page 2 oi 2FC 001099 Sheriff Nlyron B. Frcem:rnFulton County Sheriffs OlÏce185 Central Avenue, Sïl''Atlantri, Gcorgia 30303Di rector Chris L:rgerblooutCity of l\'Iilton l)cpilt'tmcnt of Public Safety13000 Dccrlield Parl<rvay, Building 100i\{ilton, Georgia 30004MEMORANDUM OF UNDERSTAN DINGM EÙIO RAN D U N{ OF UND ERSTANDIN G ¡\ND ¡\ G RIìE iVI ENTIlehveen the Sheriff of Fulton County nndThe City of illilton Departrnent of Public Safet.r'I. PURPOSE: This Memorandum of IJnderstanding ancl Agreen'rent betr,r'eeu the FultonCounty Sheriffls Offrce and the City of \,filtori Deparhnent of Public Safety establishes themufual responsibilities of each organization with respect to larv enforcenr.ent operatiolts in theCity of lr'{ilton.II. STATEI'IENT OF IIJ,CIPROCITY: The fbllorving docunrent prot'ides guidelines byrvhicli the Fulton County Sheritïs Office and the City of lr4ilton Depaftnrent of Public Saletyrvill coordinate their activities to provìde larv enforcement services in the City of Milton.III. REQUESTS FOR ASSIST.4.NCE: ftis AEeement conter-nplates an ongoing relationshipiu il'hich each agency routinely cooperates rvith and reuders assistance to the otlìer agency u'ithinthe scope of this Agreement. Therefore, no requests are requirecl for the assistance set fcrnh insubparagraphs 1 and 2 belorv. Requests for assistance with respect to subparagraphs 3 and 4belorv will be made as provided in this Agreenrent. In the event either agenc)' n:ishes to requestlraining assistance, or assistance be\,ond that spelled out in this Agreenrent, the Agenc-v heads ortheir designees rvill be responsible for personally requesting and authorizing aclditionalassistance.Deteniion: The Fulton County SherifFs Office, pursuant io an intergovemmental agreernentçperates the Alpharena Jail Annex- The Sheriffrvill process ir.rmates at tlre Alpharetta JailAnnex u.ho are arrested by the Cir}- o¡*tt,on Police Department. The SherifFs Offîce rvillmake up ro rhree (3) beds at the Alpharetta Jail ;\nnex avaiìable for City of ÑIìlton maleinmates at no charge; horvever, the parties agree that the Sheriff has the unfettered discretionro house lr4ilton innates elservhere for reasons including, but not limited to, disciplinarymatters, security and classification concerns, the need for medical and/or ¡rental healthtreaùnent, or such other reasons as the Sheriffmay deem appropriate. Female inmates $'ill behoused at the Fulton Count¡r Jail cornplex on Rice Street. The Sheril'f s Office rvill providejail cloihing, food, and necessary medical care for Citl'of ìt{ilton inmates in accordance s'itltFulton Cou¡ty Jail policies and procedures, .tncl rvill book, identifl', and release City ofMilton inrnates admitted into thå Àlpharerta Jail Annex. If there are rnore than thrce (3) Cirt*of Milton inmates at any given tínre, the City of lvfiltou rvill reimburse the Fulto¡r CountySheriff's Of{ìce at a daily rate of $68.00 per day per inrnate.Wa¡rant Seryice: The City of Ir4ilton Police Departntenl rvill serve criminal process rvithinthe Citv of Milton corporate limits on behalf of the Sherifl-s Oftìce on arr if, rvlten, and asneeded basis. The Sheriffland the Director of Public Safetv rna;', b,v mutual¿greelnent,') detennine that City of l\{ilton ol'f'ícers rvill be s\vorn iìs deputl,sherifli l'or rhe ¡turpose olserving process elservhere tviihin Fulton Countv.3. Trainine Facilities: Eitlier agency mâ)/ allow the other agency to use its trainin-1, facilities anclaudio/vistral equipment to co¡rduct classroorn training sessiorrs, and to participale in nrutuallvbenefìcial larv enforcement training. Fulton County Shcrilf s Office'lì'aining facilitiesavailable include a training center rvith classroom and firing range. Requests lor usc ofhaining fàcilities or for participation in mutual haining cxercises q,ill be evaluated Lrn a case-by-case basis, taking into accounf the specifics ofeach individual request.4. Bomb Unú; The Fulton Count-v SherifFs Office rvill provide assistance to the City of ùlillonPolice Department in detemrining the neture of, and rendering safe, suspicious items. TheCir"v- of lvlilton Police Deparhnent rvill request assistirr'¡ce fronl the Fulton Countl. She¡iff-sOffice Bornb Unit via the Frrltou Count-v Cornnrunications Center. If the Fulton CountvSherifFs Office Bomb Unit is not ar,ailable, the Sheriffs Oflìce rvill so advise tlre Ciry oflr4ilton in order that a request fol assistance may be made to the Ceorgia Bureau ofInvestigation.Qneniel Wc¡nnnc nrrd'l-n¡fi¡c t/t'T;?lThe Fulton County Sheril'fls Office rvill pror,iclcSWAassistance to the City of lvlilton Police Departnrent via its Spccial \\"eapons and Tactics Team("SWAT") rvitlt respect to lrigh risk rvarrants, ban'icadecl subjects. hostage nesotiations. elc.The Ciry of il.'lilton Polìce Department rvill request assista¡rcc lronr thc Fulton CcruntySheriffs Office via telephone call to (401) 730-5 I f 8 or. if that nunrber is nor reached,through the Fulton County Comnlunications Center. If the Fulton Coungr Sheriff=s OfficeS\l'AT Team is noi available, the Sheriff--s Office rvill so advise tlre City of lvlilton in orderthat a request for assista¡ce nlay be nlade to the Ceorgia State Patrol or other lau,en fo rcen.ì ent a genc,v-.IV. i\'IETHODS OF RIIQUESTING ASSISTAT\CE: ;\ry request 1'or a-ssistance pursuant tothis lv{OiJ. except as provided othenvise herein, u'ill be made in q,riting at leasi rluee (3) days inadvance. In case of an emergency, a telephonic request may be nrade.\,'I. TERN'I OF TFIE AGREEIVIENT: Thìs itIOU will become eff-ective upon the clate ofsignature of all pariies. The parties u,ill revierv tlris a-greenrent annually. Tiris i\,{Otl tnay benrodifie d by the r+'ritten agreement of both pa¡'ties. This lt4OU may be ierminared by eithcr part-vvia síxty (60) days' nritten notice to the other.yII. NO RIGIITS lN THIRD PARTIES: The mutual asreement reflected in this document isfor the benefìt of the partieipating entitìes only. Nothing contained herein shall be deemed tocreate an,v rights in any third party. nor any legalll' enforccalrle obligation or standard of careother than betrveen the parties.)-2- IÇMyronFreeman, SheriffFulton County Sheriffls OfficeDirectorof Public SafetyCity of Miltonq->)*7Dateo.-l z4 0-1Date-3- COUNTY: FULTON COUNTY I.GENERAL INSTRUCTIONS: 1.FORM 1 is required for ALL SDS submittals. Only one set of these forms should be submitted per count y. The completed forms should clearly present the collective agreement reached by all cities and counties that were party to the service delivery strategy. 2.List each local government and/or authority that provides services included in the service delive ry strategy in Section II below. 3.List all services provided or primarily funded by each general purpose local government and /or authority within the county that are continuing without change in Section III, below. (It is acceptable to break a service into separate components if this will facilitate description of the service delivery strategy.) OPTION A Revising or Adding to the SDS OPTION B Extending the Existing SDS 4.List all services provided or primarily funded by each general purpose local government and authority within the county which are revised or added to the SDS in Section IV, below. (It is acceptable to break a service into separate components if this will facilitate description of the service delivery strategy.) 5.For each service or service component listed in Section IV, complete a separate, updated Summary of Service Delivery Arrangements form (FORM 2). 6.Complete one copy of the Certifications form (FORM 4) and have it signed by the authorized representatives of participating local governments. [Please note that DCA cannot validate the strategy unless it is signed by the local governments required by law (see Instructions, FORM 4).] 4.In Section IV type, “NONE.” 5.Complete one copy of the Certifications for Extension of Existing SDS form (FORM 5) and have it signed by the authorized representatives of the participating local governments. [Please note that DCA cannot validate the strategy unless it is signed by the local governments required by law (see Instructions, FORM 5).] 6.Proceed to step 7, below. 7.If any of the conditions described in the existing Summary of Land Use Agreements form (FORM 3) have changed or if it has been ten (10) or more years since the most recent FORM 3 was filed, update and include FORM 3 wi th the submittal. 8.Provide the completed forms and any attachments to your regional commission. The regional commission will upload digital copies of the SDS documents to the Department’s password-protected web-server. NOTE: ANY FUTURE CHANGES TO THE SERVICE DELIVERY ARRANGEMENTS DESCRIBED ON THESE FORMS WILL REQUIRE AN UPDATE OF THE SERVICE DELIVERY STRATEGY AND SUBMITTAL OF REVISED FORMS AND ATTACHMENTS TO THE GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE “OPTION A” PROCESS DESCRIBED, ABOVE. For answers to most frequently asked questions on Georgia’s Service Delivery Act, links and helpful publications, visit DCA’s website at http://www.dca.ga.gov/development/PlanningQ ualityGrowth/programs/servicedelivery.asp, or call the Office of Planning and Quality Growth at (404) 679-5279. SERVICE DELIVERY STRATEGY FORM 1 Page 1 of 2 II.LOCAL GOVERNMENTS INCLUDED IN THE SERVICE DELIVERY STRATEGY: In this section, list all local governments (including cities located partially within the county) and authorities that provi de services included in the service delivery strategy. Fulton County Alpharetta Atlanta Chattahoochee Hills College Park East Point Fairburn Hapeville Johns Creek Milton Mountain Park Palmetto Roswell Sandy Springs Union City III.SERVICES INCLUDED IN THE EXISTING SERVICE DELIVERY STRATEGY THAT ARE BEING EXTENDED WITHOUT CHANGE: In this section, list each service or service component already included in the existing SDS which will continue as previously agreed with no need for modification. N/A IV.SERVICES THAT ARE BEING REVISED OR ADDED IN THIS SUBMITTAL: In this section, list each new service or new service component which is being added and each service or service component which is being revised in this submittal. For each item listed here, a separate Summary of Service Delivery Arrangements form (FORM 2) must be completed. The following Form 2s are being amended to bring the incorporation of new municipalities within the Fulton County Service Delivery Strategy: 911 Animal Control Arts Grants Arts Programs Aviation Building Inspections & Permits Code Enforcement Communications (Non-911) Computer Maps (GIS) Courts Drug Task Force Economic Development Elections Emergency Management (EMS) Environmental Health Environmental Regulation Fire Homelessness Housing Indigent Care Jail Services Libraries Marshal Mental Health Parks & Recreation Services Physical Health Planning & Zoning Police Public Defender Municipal) Public Defender State County) Recycling Senior Centers Solicitor Solid Waste Collection Street Construction & Maintenance Storm Water Management Voter Registration Water Treatment & Distribution Wastewater Treatment & Collection Welfare Services Workforce Development Yard Waste Collection GOVERNING PROVISIONS 1.Unless otherwise specified herein, agreements between and among the parties hereto may be changed or cancelled without modifying, cancelling, or affecting in any way, this Service Delivery Strategy. 2.The parties have engaged in good faith negotiations and reached agreement as to the Fulton County Service Delivery Strategy (“Strategy”), pursuant to the requirements of the Service Delivery Act O.C.G.A. § 36-70-20, et seq. (the “Act”); and affirmatively declare that this Strategy is not intended to limit or supersede the rights and powers of each and every party to this Strategy as to each parties’ respective rights and powers granted by the State of Georgia, as political subdivisions of the State of Georgia, as may be set out in respective City or County Charters, the Georgia Constitution, the Official Code of Georgia or other applicable law, except as affirmatively required by the Act; and the parties expressly reserve such rights and powers. TO: FROM: AGENDA ITEM: MILTON . It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 14, 2017 Steven Krokoff, City Manager Consideration of the following Subdivision Plat: Name of Development / Comments / Total Location Action # lots Acres Density 1. Tanglewood Preserve - Final Plat Create 14 Lots 25.32 .56 Lots / Acre Phase II - REVISION 1 Revision LL 465 & 466 Chenery Drive MEETING DATE: Monday, April 24, 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: () YES (,LINO CITY ATTORNEY REVIEW REQUIRED: () YES (J' -NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0(4)-14) Z01-1 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@ cdtyofmiltonga.us I www.cityofmiltonga.us R To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on April 14, 2017 for the April 24, 2017 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Tanglewood Preserve - Phase II – REVISION 1 LL 465 & 466 Chenery Drive Final Plat Revision Create 14 Lots 25.32 .56 Lots / Acre April 2017 Final Subdivision Plats City Council Meeting 4/24/17 New Business City of Milton M I LTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Professional Services Agreement between Barge, Waggoner, Sumner & Cannon, Inc. and the City of Milton for an Update to the City Wide Parks and Recreation Master Plan and the Master Plan for Providence Park MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (,}APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C)q 1211 I 7-0�7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoacityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on April 20, 2017 for the April 24, 2017 Regular Council Meeting Agenda Item: Consideration of a Professional Services Agreement between Barge, Waggoner, Sumner & Cannon, Inc. and the City of Milton for an Update to the City Wide Parks and Recreation Master Plan and the Master Plan for Providence Park ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Professional Services Agreement between Barge, Waggoner, Sumner & Cannon, Inc. and the City of Milton for an Update to the City Wide Parks and Recreation Master Plan and the Master Plan for Providence Park Executive Summary: In 2012, the City formally adopted a five year City Wide Master Plan for Parks and Recreation. Now, given that five years have passed and much has changed here in the City, it is appropriate to update the Master Plan. Also included in this agreement is a Master Plan for Providence Park and a statistically valid survey of the citizens of Milton with regards to parks, programming and facilities issues. On December 22, 2016, the City released an RFQ seeking qualified vendors for this work. The bid responses were received on January 19 with seven vendors responding. A panel of city staff personnel reviewed and scored the submissions and narrowed the applications to three respondents. All three were invited to give live presentations and the resultant scoring lead to the selection of Barge, Waggoner, Sumner & Cannon, Inc. Funding and Fiscal Impact: The contract has a total value of $132,340.00. This was planned for in the FY17 Capital Improvement Program. Alternatives: The only alternative would be to restart the process and seek new bidders. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (April 14, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) Professional Services Agreement with Barge, Waggoner, Sumner & Cannon, Inc. CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) Bid Number: RFQ 17-PR01 Project Name: Update of Parks and Recreation City-Wide Master Plan, and Creation of Providence Park Master Plan and Conceptual Plan Due Date and Time: January 19, 2019 Local Time: 2:00pm Number of Pages: 61 ISSUING DEPARTMENT INFORMATION Issue Date: December 22, 2016 City of Milton Parks and Recreation Department 13000 Deerfield Pkwy, Suite 107-F Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Honor Motes, Procurement Office 13000 Deerfield Pkwy Suite 107-F Milton, Ga. 30004 Mark Face of Envelope/Package: Bid Number: RFQ 17-PR01 Name of Firm Special Instructions: Deadline for Written Questions January 6, 2017 at 5 pm Email questions to Honor Motes at honor.motes@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 2 | RFQ 17-PR01 TABLE OF CONTENTS Consultant’s RFQ Checklist ................................................................................................ Disclosure Form………………………………………………………………….. Schedule of Events .............................................................................................................. Section 1: Project Overview and Instructions ................................................................ Section 2: RFQ Standard Information .............................................................................. Section 3: Scope of Project .............................................................................................. Section 4: Consultant Qualifications ............................................................................... Section 5: Evaluation Criteria ........................................................................................... Section 6: Standard Contract Information ............................................................. Section 7: New Development Checklist ................................................................ 3 | RFQ 17-PR01 CONSULTANT’S RFQ CHECKLIST The Most Critical Things to Keep in Mind When Responding to an RFQ for the City of Milton 1. _______ Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. _______ Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. _______ Attend the pre-proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. _______ Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFQ. 5. _______ Follow the format required in the RFQ when preparing your response. Provide point-by-point responses to all sections in a clear and concise manner. 6. _______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7. _______ Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______ Review and read the RFQ document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 9. _______ Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposal responses are never accepted. 4 | RFQ 17-PR01 CITY OF MILTON DISCLOSURE FORM (MUST BE RETURNED WITH STATEMENT OF QUALIFICATIONS) This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFQ package when it is submitted. Name of Consultant __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ ________________ ____________________________________________ 5 | RFQ 17-PR01 SCHEDULE OF EVENTS EVENT DATE RFQ Issue Date ……………………………………………..…December 22, 2016 Deadline for Receipt of Written Questions ………………January 6, 2017 Written Answers by City ………………………………….…January 13, 2017 RFQ Response Due Date (2:00pm local time) ….……...January 19, 2017 Interview Firms (if necessary)…………………….week of February 6, 2017 Award Contract……………………………………….………February 22, 2017 NOTE: PLEASE CHECK THE CITY WEBSITE (HTTP://www.cityofmiltonga.us) or the DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 6 | RFQ 17-PR01 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 STATEMENT OF INTENT The City of Milton (hereinafter referred to as “the City”) invites you to submit a statement of Qualifications to update 2012 City of Milton Parks and Recreation Master Plan and to develop a Master Plan and Conceptual Plan for Providence Park. A more complete description of the services sought for this project is provided in Section 3, Scope of Project. Proposals submitted in response to this solicitation must comply with the instructions and procedures contained herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for a Statement of Qualifications (RFQ) is issued, until a proposer is selected and the selection is announced by the procurement office, proposers are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact will disqualify the proposer from further consideration. Contact information for the single point of contact is as follows: Procurement Officer: Honor Motes Address: 13000 Deerfield Parkway, Milton, GA 30004 Telephone Number: 678-242-2507 Fax Number: 678-242-2499 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW 1.2.1 Review RFQ. Proposers should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 1.2.2 Form of Questions. Proposers with questions, or requiring clarification or interpretation of any section within this RFQ, must address these questions in writing via e-mail to the procurement officer (honor.motes@cityofmiltonga.us) referenced above on or before January 6, 2017 at 5:00 p.m. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 7 | RFQ 17-PR01 1.2.3 City’s Answers. The City will provide an official written answer to all questions on or about January 13, 2017. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be will be posted alongside the RFQ at http://www.cityofmiltonga.us and http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Proposers must sign and return any addendum with their RFQ response 1.2.4 Standard Contract. By submitting a response to this RFQ, proposer agrees to acceptance of the City’s standard contract (Section 6). Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e- mailed questions or with the proposer’s RFQ response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the proposer’s ability to respond to the RFQ or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring proposer during contract negotiation. Any material, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFQ and will apply to all proposers submitting a response to this RFQ. 1.2.5 Mandatory Requirements. To be eligible for consideration, a proposer must meet the intent of all mandatory requirements. The City will determine whether a proposer’s RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive. 8 | RFQ 17-PR01 (MUST BE RETURNED WITH QUALIFICATIONS) CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milt on 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 w ith subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _____________________________ 9 | RFQ 17-PR01 1.4 SUBMITTING QUALIFICATIONS Consultants must organize their qualifications into sections that follow the following format. For the purposes of the RFQ, the term “company” shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. The term “consultant” shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime “company” and “consultants”. 1.4.1 Submittal Requirements. Qualifications shall include the following: 1. City of Milton Request for Qualifications cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. Qualifications shall be: a. Maximum of ten (10) single sided pages (five pages if double-sided) b. Minimum of 11 point font c. Stapled or spiral-bound. No binders 4. And shall contain the following minimum information: a. Cover letter - introductory remarks and qualification summary - no longer than one page . b. Project Staffing i. Company profile listing: name, address, year established, type of ownership, size of company and staff, and an organization chart. If company has multiple offices, please list where the work for this project will be performed. ii. Information about the overall makeup of the project team, including: the identity of all key personnel, a description of their respective responsibilities and duties, and each team members experience with similar projects. Identify any previous projects on which members of the proposed team have worked together. iii. Should the firm be selected to participate in an interview, the Company’s designated project manager must be present to present the firm’s qualifications and take the lead in answering questions. 10 | RFQ 17-PR01 iv. Information about any consultants to be included on the team. Identify consultant company name, address, telephone number, contact person, names and job descriptions of key personnel. Identify consultants experience with municipal government projects. c. Qualifications of the Team i. Summary of at least three (3) similar engagements or projects for which the Company was responsible within the past five (5) years. d. Project Delivery i. Current company workload and ability to perform work for this project. e. Miscellaneous i. Listing of any pending or settled lawsuits or professional liability claims in which any member of the design team was involved during the past ten (10) years. ii. Additional information the respondent believes to be relevant to the selection efforts of the City. 1.4.2 Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non - responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFQ format, are difficult to understand, are difficult to read, or are missing any requested information. 1.4.3 Copies Required and Deadline for Receipt of Qualifications. One original and five (5) copies of each submittal (plus a CD) should be provided to the City. Qualifications must be received at the receptionist’s desk in Suite 107F prior to 2:00 PM, local time . 1.4.4 Emailed responses to Requests for Qualifications are not acceptable. Qualifications will be presented at approximately 2:05 pm and names of consultants will be announced. 11 | RFQ 17-PR01 1.4.5 Late Qualifications. Regardless of cause, late Qualifications will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late Qualifications will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 1.5 PROPOSER'S CERTIFICATION 1.5.1 Understanding of Specifications and Requirement. By submitting a response to this RFQ, proposer agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. 1.5.2 Offer in Effect for 120 Days. By submitting a proposal, proposer agrees that the proposal may not be modified, withdrawn or canceled by the proposer for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events. 1.6 COST OF PREPARING A PROPOSAL 1.6.1 City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the proposer. The City is not liable for any expense incurred by the proposer in the preparation and presentation of their proposal. 1.6.2 All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and proposer resulting from this RFP process. 12 | RFQ 17-PR01 SECTION 2: RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION 2.2.1 Public Information. All information received in response to this RFQ, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company’s financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. 2.2.2 Procurement Officer Review of Qualifications. Upon opening the proposal received in response to this RFP, the procurement officer will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2.1 above, providing the following conditions have been met: 13 | RFQ 17-PR01 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. An affidavit from a proposer’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement officer, the evaluation committee members, and limited other designees. Proposers must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF QUALIFICATIONS 2.3.1. Initial Classification of Qualifications as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFQ; or the proposal is not within the specifications described and required in the RFQ. If a proposal is found to be nonresponsive, it will not be considered further. 2.3.2. Determination of Responsibility. The procurement officer will determine if a proposer has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. 2.3.3. Evaluation of Qualifications. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring proposer or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted 14 | RFQ 17-PR01 industry standards and a comparative evaluation of all other qualified RFQ responses. These scores will be used to determine the most advantageous offering to the City. 2.3.4. Completeness of Qualifications. Selection and award will be based on the proposer’s proposal and other items outlined in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by proposers outside the formal response or subsequent discussion/negotiation. if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. 2.3.5. Opportunity for Discussion/Negotiation and/or Oral Presentation. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more proposers should clarification or negotiation be necessary. Proposers may also be required to make an oral presentation to clarify their RFQ response or to further define their offer. In either case, proposers should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations, if requested, shall be at the offeror’s expense. 2.3.6. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. 2.3.7. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring proposer to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. 2.3.8. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible proposer whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract 15 | RFQ 17-PR01 negotiation is unsuccessful or the highest scoring proposer fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. 2.3.9. Contract Award. Contract award, if any, will be made to the highest scoring proposer who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFQ; 2. Reject any or all Proposals received. The City is not obligated to request clarifications or additional information but may do so at its discretion. The City reserves the right to extend the deadline for submittals or to cancel or modify this RFQ at any time; 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any proposal ; 4. To request further documentation or information, and to discuss an RFQ submittal for any purpose in order to answer questions or to provide clarification; 5. Not award if it is in the best interest of the City not to proceed with contract execution; and, 6. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 | RFQ 17-PR01 SECTION 3: SCOPE OF PROJECT . 3.0 PURPOSE The City of Milton, Georgia (City) is requesting statements of qualifications for qualified planning consultants to prepare an update to the City’s Parks and Recreation Master Plan that was adopted in 2012. Additionally, a new master plan as well as detailed conceptual plan with cost estimates is requested for Providence Park. Areas of key concern to be incorporated into the Scope of Work include, but are not limited to the following:  Usability of Parks;  Community needs;  Program needs and trends;  Future park and program development opportunities ; and,  Funding mechanisms. The public participation process should engage and encourage the involvement of community leaders, key stakeholders, and Milton residents. At key milestones during the engagement, the consultant will provide in public meetings, presentations to these above referenced groups. Successful completion of the engagement will culminate in the adoption of the document. 3.1 DESCRIPTION OF REQUIREMENTS 3.1.1.. Introduction. The City has established certain requirements with respect to proposals to be submitted to Proposers. Whenever the terms “shall”, “must”, “will”, or “is required” are used in the RFQ, the specifications being referred to are mandatory requirements of this RFQ. Failure to meet any mandatory requirement will be cause for rejection of Proposer’s proposal. Whenever the terms “can”, “may”, or “should” are used in the RFQ, the specifications being referred to are desirable and failure to provide any items so termed may not be cause for rejection, however, will probably cause a reduction in the score awarded. 17 | RFQ 17-PR01 3.1.2. Background. The City has a population of 36,291 and is located in Fulton County, Georgia. The geographic area of the City is 39.1 square miles. The City currently controls over 300 acres of parkland. While most of this acreage is owned outright by the City, several outdoor school parks are under an IGA with Fulton County School Department and are renewable on a periodic basis. 3.1.3. Scope of Work. This project will seek to update our city-wide master plan for parks and include an evaluation of our on-going park and recreation programs. It will identify the potential of adding to our parkland inventory, better define programming needs at these parks, and make recommendations regarding these needs for the future. Additionally, a new master plan for Providence Park will be developed and subsequent to this effort, a detailed conceptual plan with specific cost estimates will be provided. To assist with these efforts, an in-house, administrative working group will be established comprised of staff from the Parks and Recreation Department, who will act as the lead for this project, as well as the Public Works Department and the Community Development Department. The consultant team is expected to hold public meetings and workshops with the administrative working group, the City Council, the City Planning Commission, the Parks and Recreation Advisory Board, which will serve as the official Stakeholder Committee for this project, and the residents. The Stakeholder Committee will serve as an initial sounding board and offer input and guidance for this project. All Stakeholder Committee meetings will be public meetings. This project shall be produced through an interactive planning process, with opportunities for public engagement provided throughout the process of development. The expected timeframe for the project is eight (8) months following contract execution for the portion of the contract pertaining to the Updated City-Wide Master Plan, and four (4) months for the creation of a master plan and subsequent conceptual plan for Providence Park. The consultant may use the following phased approach or suggest an alternative approach: 18 | RFQ 17-PR01 PART I - UPDATE OF PARKS AND RECREATION CITY-WIDE MASTER PLAN Phase I: Evaluate the Existing Parks and Programs  Review all pertinent current adopted plans of the City pertaining to parks and park programs;  Meet with staff and key stakeholders to obtain input;  Evaluate current management and operations practices giving specific attention to park maintenance and staffing;  Visit all park sites to inventory existing park facilities and amenities; and,  Produce a report that summarizes the issues and recommendations obtained from this review. Phase II: Identify Potential Solutions and Approaches  Evaluate current management and operations practices giving specific attention to parks maintenance and staffing. Consultant will perform a cost evaluation of funding levels required to adequately sustain recommended levels of service and maintenance. NRPA “levels of maintenance standards,” should be used to as part of this assessment; and,  Develop a ten year Capital Improvement Plan and implementation schedule, including short and long range projects. Such projects should include: capital improvements to existing parks, and, acquisition of new parks, including development proposals appropriate to these parks. Phase III: Develop a Draft Document The Revised Master Park and Recreation Plan should include:  A long range vision for the city’s parks including specific goals and priorities that incorporate all findings from each of the above study phases that particularly reflect community interest and significant levels of support based on survey results;  Recommendations for each individual park that identifies each park’s existing conditions and potential opportunities;  A comprehensive parks and facilities maps. This map should include: identification of park types; future acquisition and development plans; solutions concerning neighborhood and community access issues; and guidelines for the creative uses of floodplains and/or other unique natural areas for low intensity recreational uses; and, 19 | RFQ 17-PR01  Specific guidelines for providing safe and cost-effective maintenance and operations. Determine funding and staffing levels required commensurate with maintenance and operations responsibilities.  Submit for public review through the official Stakeholder Committee, Planning Commission and City Council. Other public workshop meetings may also be needed through the draft review process. PART II – PROVIDENCE PARK MASTER PLAN Phase I: Survey and Assessment of Park  Consultant may make use of a city-funded survey to assist with the assessment of this park. (Note: this is a recently acquired park and was not included in the original Parks and Recreation Master Plan.) A thorough site investigation of the 42 acre property should be conducted early in the planning process including notations regarding the natural landscape, water features, and existing trails and unique vegetation.  Meet with key stakeholders, including representatives from the neighborhood;  Evaluate current management and operations practices giving specific attention to park maintenance and staffing; and,  Produce a report that summarizes the issues and recommendations obtained from this review. Phase II: Identify Potential Solutions and Approaches  Evaluate current management and operations practices giving specific attention to park maintenance and staffing. Consultant will perform a cost evaluation of funding levels required to adequately sustain recommended levels of service and maintenance. NRPA “levels of maintenance standards,” should be used to as part of this assessment; and,  Develop a ten year Capital Improvement Plan and implementation schedule, including short and long range projects. Phase III: Develop a Draft Document  Working with key stakeholder groups and with public input, develop a short-term and long-range vision for this park. Incorporate findings from 20 | RFQ 17-PR01 Phase II section above into draft report. Include recommended phasing if funding for the entire plan implementation is not available.  Crate a facilities map for this park;  Provide a list of potential program offerings for this park; and,  Determine funding and staffing levels required to adequately manage the park in the future. This should include a cost estimate for plan implementation.  Submit for public review through the official Stakeholder Committee, Planning Commission and City Council. Other public workshop meetings may also be needed through the draft review process. Phase IV: Develop a Concept Plan  Based on the approved Master Plan, and using the City’s survey, provide an acceptable Concept Plan that meets the City’s required check-list for the City’s “Concept Plan” submission requirements. (See the attached pages entitled “New Development Checklist”) Consultant should be prepared to meet all of the requirements of the checklist up to, but not including, the following stated item: “Submit plans for Land Disturbance Permit.” PART III – UPDATE TO MILTON TRAIL PLAN (ADD – ALTERNATE) An update to The Milton Trail Plan is contemplated for the next fiscal year (FY18) of the City. Although the scope of work for this project is not included at this time, this project should be considered an “add alternate” in that the City may exercise its right to utilize the services of said consultant for this purpose. Negotiations for this update will be handled at a later time, should the City wish to proceed with it. The City anticipates a review of the current Trail Plan and associated documentation to validate or modify as necessary the overall trail location plan, typical cross sections and project priorities. 3.3 ITEMS TO BE PROVIDED BY THE CITY 1. The City will provide existing city maps, aerials and ARC GIS base maps for review and reproduction purposes; 21 | RFQ 17-PR01 2. The City will provide existing studies and reports included but not limited to: the 2012 City of Milton Comprehensive Parks and Recreation Master Plan; the City of Milton Parks and Recreation Assessment Plan and Pattern Book; 2010 Parks and Recreation Needs Assessment Survey Results; the 2007 Milton Trail Plan; the 2016 Milton Strategic Plan; the Downtown Crabapple Placemaking Plan (currently in final draft format); the 2030 City Comprehensive Plan; the 2016 Comprehensive Transportation Plan; and other pertinent plans which may affect decisions and recommendations. 3. Consultant will work with city staff to schedule and facilitate public meetings, stakeholder meetings and meeting with the Planning Commission and City Council. 3.4 PROJECT TIMELINE For PHASE I, The City anticipates up to an eight (8) month process that would start approximately in February, 2017 and end in September, 2017. This 8 month timeframe would include public review of the final draft and adoption by the City Council. The City also expects a coterminous process for PHASE II. This process is expected to take four (4) months and should start in approximately February, 2017 and conclude on or about May, 2017. 3.5 DOCUMENTATION After adoption of PHASE I and PHASE II by the City, the consultant will provide one original and fourteen (14) printed and bound copies of the final plan document, as adopted, as well as electronic files in formats determined by the City. 22 | RFQ 17-PR01 SECTION 4: CONSULTANT QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the proposer to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFQ should be able to demonstrate experience in the areas described in Section 3. 23 | RFQ 17-PR01 SECTION 5: EVALUATION CRITERIA 5. 1. PROPOSED EVALUATION CRITERIA – PHASE I The evaluation committee will review and evaluate the qualifications according to the following criteria:  A selection team for the City will initially evaluate and score all submittals received.  Qualifications not meeting the minimum requirements and those who are non-responsive will not be considered. 5.1.1 Submittal Evaluation Criteria. A. Project Staffing 30 pts  Education and experience of the assigned staff  Key personnel’s level of involvement  Quality and experience of consultant and sub-consultants  Proximity and availability of key personnel B. Qualifications of the Design Team 30 pts  Organization strength and stability  Experience and technical competence on similar projects  Previous experience as a design team  Proximity and availability of key personnel C. Project Delivery 25 pts  Quality of final work product  Flexibility of the consultant to operate successfully within various work environments  Ability to meet schedules D. Overall Fit of the Firm and its Key Team Members to the Project 15 pts  Ability of the firm to instill Committee confidence in the firm’s understanding of the project requirements  Firm’s communication and problem solving methods and abilities.  Previous experience with City of Milton projects 24 | RFQ 17-PR01 5.2. INTERVIEWS – PHASE 2 **Additional Scoring (Phase 2) will be offered to those consultants shortlisted for the Presentation/Interview Evaluation Process ** 25 | RFQ 17-PR01 SECTION 6: SAMPLE PROFESSIONAL SERVICES AGREEMENT This is for reference only. Do not return with proposal PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ [INSERT DATE] (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 (hereinafter referred to as the “City”), and _____________________ [INSERT FULL LEGAL NAME OF CONSULTANT], a __________________ [INSERT STATE WHERE CONSULTANT ENTITY WAS FORMED (E.G., GEORGIA) AND THE TYPE OF ENTITY (E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ETC.)], (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and 26 | RFQ 17-PR01 WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. 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: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: _________________________________________________________________ [INSERT GENERAL PROJECT DESCRIPTION]. 27 | RFQ 17-PR01 C. The Work. 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 “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, 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. D. Schedule, Completion Date, and Term of Agreement. 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 __________________________ [INSERT EXPECTED DATE OF COMPLETION] (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one 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 [ □ unless this box is checked, in which case the Agreement shall terminate absolutely and without further obligation on the part of City at the end of City’s fiscal year each year of the Term], and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year [ □ unless this box is checked, in which case the Agreement shall automatically renew on the first day of each subsequent City fiscal 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 [or fiscal year, as applicable]. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to 28 | RFQ 17-PR01 be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. 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. 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 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. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval 29 | RFQ 17-PR01 of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $________________________[INSERT MAXIMUM CONTRACT PRICE] (the “Maximum Contract Price”), except as outlined in Section II(C) 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 shall be based upon ____________ [SPECIFY HOURLY RATE, FLAT FEE, OR OTHER BASIS]. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: [CHECK ONE] □ There shall be no reimbursement for costs. □ Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed ______________ [INSERT PERCENTAGE IF BOX CHECKED FOR THIS PARAGRAPH] percent of the total amount due for Work for that particular month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. 30 | RFQ 17-PR01 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. Further, 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.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. 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. C. 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. Consultant acknowledges and agrees that the acceptance 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. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. 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 31 | RFQ 17-PR01 information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ [INSERT NAME] 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. F. 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 City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. 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 it 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 (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 an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone 32 | RFQ 17-PR01 for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the 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. H. 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. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. 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 of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. 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. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. 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 hereto. 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. I. Insurance. 33 | RFQ 17-PR01 (1) Requirements: Consultant 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 Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by 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: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation 34 | RFQ 17-PR01 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, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ ________________ (_____________) [INSERT AMOUNT OF COVERAGE REQUIRED, IF ANY, OR STATE “N/A” IF NOT APPLICABLE] per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. [CITY MAY WANT TO INCLUDE OTHER INSURANCE REQUIREMENTS, DEPENDING UPON THE TYPE OF PROJECT AT ISSUE (E.G., EMPLOYEE DISHONESTY/ CRIMES COVERAGE IF CONTRACTORS HAVE ACCESS TO CITY BUILDINGS).] (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; 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. City and City’s elected 35 | RFQ 17-PR01 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 Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. 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 Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’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 Consultant’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 Consultant’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 36 | RFQ 17-PR01 subrogation against the Insured Parties for losses arising from Work performed by Consultant for 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 Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. 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 Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. 37 | RFQ 17-PR01 The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to 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, Consultant is specifically required to provide an endorsement naming 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 Consultant’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. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant 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. (8) Claims-Made Policies: Consultant 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. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. 38 | RFQ 17-PR01 (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. 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 “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 (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 39 | RFQ 17-PR01 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. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. 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. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. 40 | RFQ 17-PR01 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. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. 41 | RFQ 17-PR01 (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. 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. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. 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, in vestigation, 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 42 | RFQ 17-PR01 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. M. 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. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further ack nowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of 43 | RFQ 17-PR01 this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. 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. Q. 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 Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. 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. R. 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. 44 | RFQ 17-PR01 V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. ______________________ [INSERT NAME] shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. 45 | RFQ 17-PR01 D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. 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. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. 46 | RFQ 17-PR01 B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. 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. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, 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. D. 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. 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 in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. 47 | RFQ 17-PR01 (2) Official Notices. All other 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 given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: [INSERT CONTACT INFORMATION/ADDRESS] ____________________________ ____________________________ ____________________________ ____________________________ G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and 48 | RFQ 17-PR01 that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. 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. 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. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. 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. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The 49 | RFQ 17-PR01 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 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. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law o r in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 50 | RFQ 17-PR01 CONSULTANT: _____________________________ [INSERT FULL LEGAL NAME OF CONSULTANT] Signature: ___________________________________ Print Name: _____________________________ Title: [CIRCLE ONE] President/Vice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) 51 | RFQ 17-PR01 CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney 52 | RFQ 17-PR01 EXHIBIT “A” [Insert City Solicitation Documents] 53 | RFQ 17-PR01 EXHIBIT “B” [Insert Consultant Response/Proposal] 54 | RFQ 17-PR01 EXHIBIT “C” [INSERT SCOPE OF WORK – May reference agreed upon Scope of Work from “Exhibit A” or “Exhibit B” or insert new negotiated/agreed upon Scope of Work] 55 | RFQ 17-PR01 EXHIBIT “D” 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 perf ormance 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 [INSERT NAME OF CONTRACTOR] Name of Contractor [INSERT NAME OF PROJECT] Name of Project City of Milton, Georgia Name of Public Employer 56 | RFQ 17-PR01 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: _________________________________ 57 | RFQ 17-PR01 EXHIBIT “E” 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 _______________________ (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 Contractor [INSERT NAME OF PROJECT] Name of Project 58 | RFQ 17-PR01 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: ___________________________ 59 | RFQ 17-PR01 EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW, OR INDICATE “N/A”] Individual Position 60 | RFQ 17-PR01 NEW DEVELOPMENT CHECKLIST COMMERCIAL/INSTITUTIONAL/TOWNHOMES/MULTIFAMILY/MIXED USE  Exploratory concept plan meeting(s)/ Sketch plan review with appropriate staff—planners, city architect, transportation engineer, etc. The intent of these meetings is for informational purposes only. Not to be construed as the official concept plan review meeting. Notes from the meetings will be recorded and distributed to the applicant(s) and archived by staff.  Submit concept plan for official review. o Concept plan should include:  Scale, north/south arrow  Total acreage, Zoning information, density calculations  Street layout, including widths/radii, cul de sac radii  Interparcel access  Lot layout  Water quality, detention pond locations/ types  Streams, lakes, ponds, wetlands, floodplain  All stream/lake buffers  Rural view shed  Zoning buffers/landscape strips  Field location of specimen trees  Parking layout/ calculations  Location/type of open space, civic space, amenities  Sidewalks, trails, pedestrian connections o Submit to Jimmy Sanders o Complete application o Submit fee $350+$50/lot, residential $350+$5/disturbed acre, commercial Plus Storm review fee.  Initial one stop meeting to review concept plan o Contact Susan Wilmath at 678.242.2521 to schedule meeting. Wednesday mornings have been set aside for this purpose. o Applicant should be prepared to meet with:  Zoning manager  Plans review planner 61 | RFQ 17-PR01  Plans review engineer  City Arborist  City Architect  Storm water engineer  DOT engineer  Fire Marshall  Additional one stop meetings may be required. o Plan should include any revisions requested during the one stop meetings.  Staff review.  Comments/redlines returned to applicant  Staff will be available for a One Stop meetings as needed.  We highly recommend that you submit for Design Review Board (DRB) for a courtesy review—all projects except single family residential. The DRB meets the first Tuesday of each month. See DRB application for required items. Submit packets to Angela Rambeau.  Submit revised/final concept plan for review/approval.  Concept plan sign off.  Submit plans for land disturbance permit (LDP). See LDP checklist for required items. Submit to Jimmy Sanders.  Staff review  Comments/redlines returned to applicant.  Submit for Design Review Board (DRB) for final approval--all projects except single family residential. The DRB meets the first Tuesday of each month. See DRB application for required items. Submit packets to Angela Rambeau.  Warrant request/approval. (Form based code projects.)  Staff will be available for a One Stop meetings as needed.  Submit revised/final LDP.  LDP sign off. E M I LTO�J*t ESTABLI M 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 19, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals for District 2/Post 2. MEETING DATE: Monday, April 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (v)APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES WNO CITY ATTORNEY REVIEW REQUIRED: () YES (�NO APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oU) zu) gal � 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 2/POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on April 24, 2017 at 6:00 pm. as follows: SECTION 1. That _______________ (District 2/Post 2) is hereby appointed for a term commencing April 24, 2017 and ending on December 31, 2019 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 24th day of April 2017. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk