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Home My WebLink AboutAgenda Packet - CC - 05/20/2019 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 Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, May 20, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-110) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 20, 2019 Page 2 of 3 6) CONSENT AGENDA 1. Approval of the April 22, 2019 City Council Meeting Minutes. (Agenda Item No. 19-111) (Sudie Gordon, City Clerk) 2. Approval of the following Subdivision Plats: Name of Development / Location Action Comment s / # lots Total Acre s Density 1. Dennis & Alexandra Hall LL 251 & 254 16170 Belford Drive Combo Plat Combine parcels / 1 Lot 2.343 .42 Lots / acre 2. Birmingham & Wood LL 631 14795 Wood Road Combo Plat Combine parcels / 1 Lot 2.522 .39 Lots / acre (Agenda Item No. 19-112) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Memorial Day 2019. (Mayor Joe Lockwood) 2. Presentation Regarding Providence Park Trails. (Jim Cregge, Parks and Recreation Director) 8) FIRST PRESENTATION 1. Consideration of an Ordinance of the City of Milton, Georgia to Amend Sections 4-239 and 4-380 Related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 19-113) (Sarah LaDart, Economic Development Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 20, 2019 Page 3 of 3 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Matildas, 850 Hickory Flat Road, Milton, Georgia 30004. (Agenda Item No. 19-114) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Resolution Requesting Sales Tax Information from the Georgia Department of Revenue Pursuant to O.C.G.A. § 48-2-15(d.1) and Naming a Designated Officer for all Related Purposes. (Agenda Item No. 19-115) (Stacey Inglis, Assistant City Manager) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Outreach 2. Community Development 3. Police 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-116) A Special Called Work Session will begin immediately following this meeting. MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 14, 2019 FROM: Steven Krokoff, City Manager@ AGENDA ITEM: Approval of Subdivision Plats MEETING DATE: Monday, May 20, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: Os/lo/ ZC I'} () NOT APPROVED (J'NO (.yNO ( ) NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242.2500 IF: 678 .24 2 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0 900 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on May 14, 2019 for the May 20, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions 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. 1. The Dennis & Alexandra Hall minor plat described herein consists of two separate lots in Phase 2 East of The Manor Golf & Country Club to be combined into one 2.343 acre lot. 2. The Birmingham Highway & Wood Road minor plat described herein consists of two separate tracts owned by the City to be combined into one 2.522 acre parcel. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 7 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Dennis & Alexandra Hall LL 251 & 254 16170 Belford Drive Combo Plat Combine parcels / 1 Lot 2.343 .42 Lots / acre 2. Birmingham & Wood LL 631 14795 Wood Road Combo Plat Combine parcels / 1 Lot 2.522 .39 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 7 Consent Agenda Plats Staff Memo Page 4 of 7 Consent Agenda Plats Staff Memo Page 5 of 7 Consent Agenda Plats Staff Memo Page 6 of 7 Consent Agenda Plats Staff Memo Page 7 of 7 MILTON "' TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 14, 2019 Steven Krokoff, City Manager 0 Proclamation Recognizing Memorial Day 2019 Monday, May 20, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (j/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES AP PROV AL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: o{/w/taO, () NOT APPROVED (.}1-JO (.)/NO () NOT APPROVED 2006 Heritage Walk Milton , GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 Memorial Day WHEREAS, Memorial Day was first officially proclaimed on May 5, 1868 by General John Logan in his General order Number 11, and in 1968, by act of Congress, it was determined that the holiday would be observed on the last Monday in May; and WHEREAS, from the opening battles of the American Revolution through the turmoil of the Civil War, to World War I, World War II, Korea, and Vietnam, to the Persian Gulf and today’s operations in the war on terror in Afghanistan, Iraq, and all around the world, the members of our military have built a tradition of h onorable and faithful service; and WHEREAS, as we observe Memorial Day, we remember the more than one million Americans who have died to preserve our freedom, the more than 140,000 citi zens who were prisoners of war, and all those who were declared missing in action. We also honor our veterans for their dedication to America and their sacrifice; and WHEREAS, we have honor and privileges of living in a free country, and Georgia has a rich history of great leaders who died fighting for our great nation. Today, all who wear the uniform of the United States are serving at a crucial hour in history, and each has answered a great call to serve our nation on the front lines of freedom. Let us pray for the safety and strength of our troops, and for God’s blessing on them and their families, and for those who have lost loved ones; and WHEREAS, on this Memorial Day, we honor our fallen soldiers, and their commitment to our country and their legacy of patriotism and sacrifices of many men and women who answered the nation’s call to duty and fought with honor and valor and, in the end, gave the ultimate sacrifice to safeguard the rights of all Americans; and WHEREAS, by giving their lives in this cause of freedom, these heroes have protected and inspired all Americans and we are truly grateful for the ir sacrifice; and WHEREAS, the citizens of Milton join with people across the nation in remembrance of those who died while courageously serving their country during war. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim Monday, May 27, 2019 as Memorial Day in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 20th Day of May, 2019. _________________________________ Joe Lockwood, Mayor MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 14, 2019 FROM: Steven Krokoff, City Manager {l) AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Amend Sections 4-239 and 4-380 Related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia MEETING DATE: Monday, May 20 , 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary} See attached memorandum APPROVAL BY CITY MANAGER: ( YAPPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (0YES (/YES AP PROV AL BY CITY ATTORNEY: ( YAPPROVED PLACED ON AGENDA FOR: (} NOT APPROVED (} NO (} NO (} NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on May 6, 2019 for the May 20, 2019 and June 3, 2019 Regular City Council Meetings Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to Amend Sections 4-239 and 4-380 related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Clerical updates to get aligned with the recently passed “Brunch Bill”. While we changed all the standard consumption on premises licenses, a couple of our unique licenses were not updated: BYOB and Farm Wineries. They can now begin serving at 11am on Sunday. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Approved – Sam VanVolkenburgh, Jarrard & Davis, May 2, 2019 Attachment(s): Updated Chapter 4 Article V. – Sales for Consumption on Premises Sec. 4-239. – Limited consumption on premises licenses. (d) Bring Your Own Beverage (BYOB) License (1) A Bring Your Own Beverage License is required for establishment that: (a) Notwithstanding any other contrary provision of this chapter, any restaurant which is licensed to sell wine and beer for consumption on the premises may permit a patron to bring into the restaurant unopened wine and beer for consumption on the premises if the patron purchases a mea l and consumes a portion of the bottle of wine or beer during the meal on the restaurant's premises. Should the patron wish to take the unfinished portion of the bottle of wine from the premises, such bottle of wine shall be resealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253; (b) The restaurant must establish a policy for permitting this practice and may in its own discretion charge a corkage fee. Nothing in this sec tion shall be deemed to require a restaurant to establish such a policy. (b) Permitted Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. 11:00 a.m. until 9:00 p.m. (2) An establishment must obtain a Bring Your Own Beverage License. Article VI. – Sales by Farm Wineries Sec. 4 – 280 – Licenses. (d) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Sunday, from 9:00 a.m. until 12:00 midnight (2) Sunday from 12:30 p.m. 11:00 a.m. until 12:00 midnight (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MILTON, GEORGIA (COMPREHENSIVE AMENDMENTS) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 3, 2019 at 6:00 p.m. as follows: SECTION 1 That the condition of Chapter 4 has revisions in Sec. 4-239. - Limited consumption on premises licenses, and Sec. 4-380. – Licenses.; and SECTION 2 That the Chapter shall be revised in compliance with the State of Georgia; and SECTION 3 That all ordinances or part of ordinances that 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 approval of the Mayor. ORDAINED this 3rd of June, 2019. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Sudie Gordon, City Clerk (Seal) MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 14, 2019 FROM: Steven Krokoff, City Manager {1) AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Matildas, 850 Hickory Flat Road, Milton , Georgia 30004 MEETING DATE: Monday, May 20 , 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum AP PROV AL BY CITY MANAGER: ( J/4PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED (JINO (fl'/0 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0800 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on May 7, 3019 for the May 20, 2019 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Matildas, 850 Hickory Flat Road, Milton, Ga. 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Matildas for consumption on premises Bring Your Own Beverage. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted as a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Matildas Contact Name: Mary Potter Business Address: 850 Hickory Flat Road, Milton, Georgia 30004 Type of License: Consumption on Premises – Bring Your Own Beverage Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 16 , 2019 FROM: Steven Krokoff, City Manager {2;> AGENDA ITEM: Consideration of a Resolution Requesting Sales Tax Information from the Georgia Department of Revenue Pursuant to O.C.G.A. § 48-2-1 S{d. l) and Naming a Designated Officer for all Related Purposes. MEETING DATE: Monday, May 20, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (J,'YES (YYES APPROVAL BY CITY ATTORNEY: ( J,APPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242 .2500 IF : 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us OGOO To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted May 16, 2019 for the May 20, 2019 Regular City Council Meeting Agenda Item: Consideration of a Resolution Requesting Sales Tax Information from the Georgia Department of Revenue Pursuant to O.C.G.A. § 48-2-15(d.1) and Naming a Designated Officer for all Related Purposes _____________________________________________________________________________________ Department Recommendation: Approve resolution as presented Executive Summary: In the 2018 session, the General Assembly passed SB371 to allow local governments to request a list from the Department of Revenue (DOR) of active businesses who remit sales taxes in the local jurisdiction. This information can be compared to the city’s occupational tax database to determine if there are any discrepancies. To get the list from the DOR, a resolution must be adopted by the mayor and council that officially requests the list and designates a single point of contact to receive the information. Financial Impact: The DOR charges $50 for the list Alternatives: N/A Legal Review: Ken Jarrard, Jarrard & Davis, May 10, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment: Resolution 1 RESOLUTION REQUESTING SALES TAX INFORMATION FROM THE GEORGIA DEPARTMENT OF REVENUE PURSUANT TO O.C.G.A. § 48-2-15(d.1) AND NAMING A DESIGNATED OFFICER FOR ALL RELATED PURPOSES WHEREAS, Georgia Code O.C.G.A. § 48-2-15, as amended in 2018, authorizes the Commissioner of the Georgia Department of Revenue (hereinafter the “DOR Commissioner”) to provide certain confidential sales tax information to the “designated finance officer or taxing official” of local governments; and WHEREAS, more specifically, O.C.G.A. § 48-2-15(d.1) authorizes the DOR Commissioner to provide to a local government’s designated officer, upon request, certain information relating to vendors that have submitted sales tax reports within the period of time set forth in that request; and WHEREAS, O.C.G.A. § 48-2-15(d.1) further allows the local government’s designated officer to request that the DOR Commissioner validate, from time to time, the political subdivision to which sales taxes are being remitted by taxpayers with a business location within that local government’s boundaries; and WHEREAS, the City of Milton desires to obtain the sales tax information described in the above Georgia Code Section; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Milton, as follows: 1. The City Council hereby designates the following finance or tax official as the City of Milton’s Designated Officer for all purposes described in O.C.G.A. § 48-2-15(d.1): Bernadette Harvill, Finance Director City of Milton 2006 Heritage Walk (678) 242-2510 Bernadette.harvill@cityofmiltonga.us 2. The City Council hereby requests that the DOR Commissioner (or his/her designee) furnish to the above-named Designated Officer all vendor sales tax information described in O.C.G.A. § 48-2-15(d.1)(1) for the City of Milton for the time period commencing on July 1, 2018 and ending on April 30, 2019; 3. In accordance with O.C.G.A. § 48-2-15(d.1)(2)(B) and following receipt of the information described in Paragraph 2, above, the Designated Officer is hereby authorized to request validation by the DOR Commissioner of the political subdivision to which one or more vendors/taxpayers with a business location in the City of Milton have remitted sales taxes for the designated period, with such validation request to contain the business name and location address of each such vendor/taxpayer and such 2 other information as may assist the DOR Commissioner in responding to such validation request; 4. The Designated Officer shall use such information only in the discharge of his/her duties and shall maintain the confidentiality of such information as required by O.C.G.A. § 48-2-15(d.1); and 5. The City Council shall comply with all confidentiality requirements of O.C.G.A. § 48- 2-15(d.1), including, but not limited to, the requirements that 1) such information may only be discussed by members of the City Council in executive session and 2) members of the City Council shall recuse themselves from such executive session discussions in the event of a conflict of interest as described in the above Georgia Code Section. BE IT FURTHER RESOLVED, that this Resolution shall become effective upon its approval by the City of Milton City Council, and the official named above shall remain The City of Milton’s Designated Officer for all purposes under O.C.G.A. § 48-2-15(d.1) until further action of the Board of Commissioners. BE IT FURTHER RESOLVED, that the City of Milton City Clerk is hereby directed to provide a certified copy of this Resolution to the Georgia Department of Revenue via email (public.disclosure@dor.ga.gov) or to otherwise transmit a copy of this Resolution as may directed by the Georgia Department of Revenue. PASSED AND RESOLVED this __________ day of ______________________, 20___. MILTON CITY COUNCIL By: ____________________________________ Mayor ATTEST: ____________________________________ City Clerk [Affix Seal]