HomeMy WebLinkAbout03-03-08-PacketCITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, March 3, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 08-516)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-505)
1. Approval of the December 10, 2007 Work Session Meeting Minutes.
(This item was deferred on February 20, 2008.)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-506)
2. Approval of the December 13, 2007 Regular Meeting Minutes.
(This item was deferred on February 20, 2008.)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-507)
3. Approval of the January 8, 2008 Special Called Meeting Minutes.
(This item was deferred on February 20, 2008.)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
Page 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 3, 2008 – 6:00 PM
(Agenda Item No. 08-508)
4. Approval of the January 10, 2008 Regular Meeting Minutes.
(This item was deferred on February 20, 2008.)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-509)
5. Approval of the January 17, 2008 Special Called Meeting Minutes.
(This item was deferred on February 20, 2008.)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-510)
6. Approval of the January 17, 2008 Special Called Work Session Minutes.
(This item was deferred on February 20, 2008.)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-517)
7. Approval of the January 24, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-518)
8. Approval of the January 30, 2008 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-519)
9 Approval of the February 4, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-520)
10. Approval of the February 11, 2008 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
7) REPORTS AND PRESENTATIONS (none at this time)
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
(Agenda Item No. 08-459)
1. Approval of Alcoholic Beverage License Application for Tribla, Inc. d/b/a I Love New
York Pizza at 980 Birmingham Road, Suite 200, Milton, GA 30004. Applicant is
Nereyda Blandon for Consumption on the Premises – Wine and Malt Beverage.
(This item was deferred on February 20, 2008.)
(Presented by Stacey Inglis, Finance Manager)
END OF PUBLIC HEARING
9) FIRST PRESENTATION
Page 2 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 3, 2008 – 6:00 PM
(Agenda Item No. 08-521)
1. Approval of Ordinance Adopting Chapter 17, Public Works, and providing for inclusion
and identification in the Code of Ordinances for the City of Milton, Georgia to be
referenced in the future as Chapter 17 (Public Works).
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-522)
2. Approval of an Ordinance Amending Chapter 15, Health and Public Safety, of the Code
of Ordinances for the City of Milton, Georgia.
(Presented by Lt. Matt Marietta, Planning and Emergency Management)
3. (Agenda Item No. 08-523)
U07-011/VC07-017
13620 Hopewell Road, Monticello Real Estate Invest, LLC, JT Adams – Use Permit for a
Private School to be developed with 5 buildings for a total of 63,400 square feet with a
maximum of 325 students for Kindergarten – 8th graders. The applicant is also
requesting the following 5-part concurrent variance:
1) To reduce the building setback along the north property line from 100 feet to 85 feet
(19.4.40.B.3)
2) To reduce the 75-foot buffer and 10-foot improvement setback to the extent
necessary to all the septic field to encroach. (Article 12H.3.1C.2.)
3) To increase the 20 foot setback from the landscape strip to 500 feet. (12H.3.5.C.1)
4) To allow parking between the right of way and the building. (Article 12H.3.5.F.3)
5) To reduce parking from 171 spaces to 70 spaces (Article 18.2.1)
(Presented by Tom Wilson, Community Development Director)
4. (Agenda Item No. 08-524)
U08-001/VC08-001
Land Road (No Address), Celestino Martinez - To obtain a use permit to develop a
landscape business. The applicant is also requesting to following concurrent variance;
To allow access from a local road (Article 19.4.27 Section B.1)
(Presented by Tom Wilson, Community Development Director)
10) UNFINISHED BUSINESS (none at this time)
11) NEW BUSINESS
(Agenda Item No. 08-498)
1. Approval of a Resolution Amending Resolution No. 08-01-10, a Resolution Appointing
Members to the City of Milton Construction Board of Adjustment and Appeals (District
4). (This item was deferred on February 20, 2008.)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-525)
2. Approval of a Resolution Amending Resolution No. 08-02-19, a Resolution Appointing
Members to the City of Milton Bike & Pedestrian Path Committee (Districts 2 and 4).
(Presented by Tom Wilson, Community Development Director)
Page 3 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 3, 2008 – 6:00 PM
(Agenda Item No. 08-526)
3. Approval of a Resolution on Mutual Agreement with Alpharetta regarding city limits
boundary.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-527)
4. Approval of a Resolution to approve transmittal of Community Assessment portion of
comp Plan to Atlanta Regional Commission (ARC) and Department of Community
Affairs (DCA).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-528)
5. Approval of December 2007 Invoice for Legal Fees.
(Presented by Stacey Inglis, Finance Manager)
(Agenda Item No. 08-529)
6. Approval of a Resolution to create the Milton Disability Awareness Committee, to
Provide for the possible Appointment of Certain Committee Members to Enforcement
Positions, and for other purposes as designated herein.
(Presented by Tina D’Aversa, Councilmembers)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (If needed)
(Agenda Item No. 08-530)
15) ADJOURNMENT
Page 4 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
The minutes will be
Provided
electronically
A
City of Milton
13000 Deefield Parkway, Suite 107, Milton, Georgia 30004
CIN COUNClL AGENDA ITEM
TO: City Council DATE: February 25,2008
FROM: City Manager
AGENDA If EM: ApprovaI of Alcoholic Beverage License AppIication for Tribla, Inc, d/b/a I
Love New York Pizza at 980 Birmingham Road, Suite 200, Milton, GA
30004. Applicant is Nereyda Blandon for Consumption on the Premises -
Wine and Malt Beverage.
MEETING DATE: Monday March 3,2008,Regular Meeting
BACKGROUND INFORMA T10N: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: '(,IAPPROVED (1 NOT APPROVED
I '
CITY ATTORNEY APPROVAL REQUIRED: 0 YES b NO
f
CI N ATTORNEY REVJEW REQUIRED: (1 YES
It6
APPROVAL BY CITY ATTORNEY ()APPROVED I) NOT APPROVED
PLnCED ON AGENDA FOR: 0 5p 3
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on January 30 for February 20, 2008 City Council Meeting deferred to
the March 3, 2008 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License Tribla, Inc. D/B/A I
Love New York Pizza
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Tribla, Inc. D/B/A I Love New York
Pizza for consumption on the premises of wine and malt beverage.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Tribla, Inc. D/B/A I Love New York Pizza
Owner(s) Name: Nereyda Blandon
Business Address: 980 Birmingham Rd, Suite 200
Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Tom Wilson, Director of Community Development
Charles Millican, Interim Public Safety Director
1
- -
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: Crty Council DATE: February 25, 2008
FROM: City Manager
AEEMDA ITEM: Approval of Ordinance Adopting Chapter 17, Public Works, and providing
for inclusion and identification in the Code of Ordinances for the City of
Milton, Georgia to be referenced in the future as Chapter 17 (Public
Works).
MEETlNG DATE: Monday March 3, 2008,Regular Meeting
BACKGROUND INFORMATION: (Attach addrtional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (3 APPROVED () NOT APPROVED
Ct N ATTORNEY APPROVAL REQUIRED: $!, yEs 0 NO
CITY ATTORNEY REVtEW REQUIRED: Y:YES 0NO
APPROVAL BY CITY ATTORNEY (1 APPROVED I) NOT APPROVED
____________________________
_____________________________
ORDINANCE NO. 2008-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 17, ORDINANCE REGULATING
PUBLIC WORKS, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE
CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN
THE FUTURE AS CHAPTER 17 (PUBLIC WORKS) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in session on the ______ day of ___________,
2008 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Public Works is hereby adopted and approved; and is
attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 17 of the Code of Ordinances of the
City of Milton, Georgia; and,
SECTION 3. This Ordinance is effective on the date shown below and,
ORDAINED this the _____ day of ________________, 2008.
Approved:
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
Chapter 17: Public Works
Article 1: Garbage and Solid Waste.
Section 1: Definitions.
This Article regulates the collection and disposal of waste and garbage, including, but not
limited to all waste byproducts of manufacturing or commercial establishments, cinders and
ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well
domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard,
rags, ashes, and other such waste material ordinarily disposed from residences, churches,
schools, small business establishments, and other such places. Animals, fowl, and fish
entrails, bones and carcasses whether in whole or in part, from business establishments such
as slaughterhouses and meat and fish markets shall not constitute “garbage”, but shall
constitute “other waste.” Waste also includes animal, fowl, and fish excrement, entrails,
bones, carcasses in whole or in part and dead animals, and any other refuse material not
otherwise classified herein.
Section 2: Right to Contract.
The City is empowered to contract with one or several third parties to collect and dispose of
all garbage, waste, commercial waste, and yard waste generated by the City. In addition, the
City may sell franchise rights in garbage collection to third parties.
Section 3: Collection of Fees.
(a) The City may levy fees against residents specifically for the disposal and collection of
waste generated in the City. Such funds shall go exclusively towards collecting and
disposing of City waste.
(b) The City Accountant shall prepare recommendations to the Council regarding fees to
be charged for waste disposal. The City Accountant shall request proposals for the
recycling of waste and make a subsequent recommendation to the Council regarding
the feasibility and cost of a recycling program.
(c) The City may levy different fees against commercial entities and residential property.
The City may also levy different fees based on size or property, number of residents,
or other factors recommended by the City Accountant.
Section 4: Medical Waste.
Hospitals and health care professionals or other entities disposing of medical waste
including, but not limited to any device used to puncture or lacerate skin, shall be disposed of
in a manner consistent with federal and state regulations.
Page 1 of 2
Section 5: Littering Prohibited.
(a) Acts Defined.
(i) Public Littering. It shall be unlawful for any person, firm or corporation, in
person or by his agent, employee, or servant, to cast, throw, sweep, sift, or
deposit in any manner in or upon any public way or other public place in the
City or the river, creek, branch, public water, drain, sewer, or receiving basin
within the jurisdiction of the City, any kind of leaves, dirt, rubbish, waste
article, thing, or substance whatsoever, whether liquid or solid. Nor shall any
person, firm, or corporation cast, throw, sweep, sift, or deposit any of the
aforementioned items anywhere within the jurisdiction of the City in such
manner that it may be carried or deposited in whole or in part, by the action of
the sun, wind, rain, or snow, into any of the aforementioned places; provided,
that this section shall not apply to the deposit of material under a permit
authorized by any ordinance of the City; or to goods, wares, or merchandise
deposited upon any public way or other public place temporarily, in the
necessary course of trade, and removed therefrom within 2 hours after being
so deposited; or to articles or things deposited in or conducted into the City
sewer system through lawful drains in accordance with the ordinances of the
City relating thereto.
(ii) Private Littering. The acts described in Section (5)(a)(i) of this Article shall
also apply to acts committed to or against private property without the consent
of the owner.
(b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other
similar forms of containers shall provide adequate metal or plastic containers upon
the premises for collection of refuse. It shall be the express responsibility of all such
business firms to collect all cups, plates, wrappers, sacks, and other similar forms of
containers dispensed by said business that may discarded upon the premises or
neighboring street and sidewalks. It further shall be the responsibility of said business
to collect the aforementioned items from the premises of the neighboring property
when the owners of the property specifically request and authorize the business
personnel to enter upon their property for that purpose.
(c) Any person who shall violate any of the provisions of, or who fails to perform any
duty imposed by this section or who violates any order or determination of the
department promulgated pursuant to this Article shall be punished as directed by law,
and in addition thereto, may be enjoined from continuing the violation. Each day a
violation occurs shall constitute a separate offense. Any willful and wanton violation
of this subsection resulting in the unlawful littering of the streets, sidewalks, and
neighboring property shall be deemed a nuisance and on conviction thereof by the
City Court of Milton, the Mayor and Council may after notice and a hearing revoke
the business license of the violator.
Page 2 of 2
A
City of Milton
13000 Dewfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council QATE: February 25,2008
FROM: City Manager
AGENDA ITEM: Approval of an Ordinance Amending Chapter 15, Health and PubIic Safety,
of the Code of Ordinances for the City of Milton, Georgia.
MEETING DATE: Monday March 3,2008, Regular Meeting
BACKGROUND INFORMA TiON: (Attach additional pages if necessary)
See attached memorandum
APPROVALBYClTYMANAGER: (dAPPROVED () NOT APPROVED
J '\
CITY ATTORNEY APPROVAL REQUIRED: (1 NO
CIW ATTORNEY REVIEW REQUIRED: &$YES 0 NO
/ '
APPROVAL 18 Y CITY ATTORNEY ()APPROVED (1 NOTAPPROVED
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Capt. Chad McGiboney, Fire Marshal and ML Marietta, Planning Section, Milton
Department of Public Safety
Date: Submitted on February 11, 2008 for the March 3, 2008 Council Meeting
Agenda Item: Approval of an ordinance requiring the installation of a key lockbox on the
exterior of certain structures and on the gates at certain business and residential
complexes for fire safety purposes.
CMO (City Manager’s Office) Recommendation:
Adopt the attached Ordinance approving the addition of an ordinance requiring the installation of
a key lockbox on both the exterior of certain structures (as designated by the Fire Marshal) and
on access-control gates at both business and multi-family residential complexes, and
authorizing the Fire Marshal and/or other appropriate City departments to execute all required
permitting, inspection and regulation to ensure the safety of our citizens and commercial
interests.
Background:
The purpose of the key lockbox system is to provide access to business and large commercial
and/or residential complexes that are secured either through a gate or through a locked door,
primarily in times of emergency when such security systems would prevent access of essential
public safety personnel and apparatus.
Discussion
Many of the master-planned residential complexes within the City limits have opted to install
security gates to control vehicular and even pedestrian access to the property. This is primarily
done in the interest of deterring criminal activity by making entrance and escape more difficult
for anyone who does not have an explicit purpose for being on the circumscribed property.
Similarly, business often restrict access (especially after-hours) in the same interest. However,
in the event of a fire, fire alarm, burglary-in-progress or other emergency, these security
measures can prevent the responding firefighters and police officers from reaching the location
of the emergency. Though of routine benefit, these security devices may therefore become a
liability in the event of a public safety incident.
To counteract this, and to allow essential public safety personnel access to the restricted areas
in the event of a bona fide emergency, a commercially available key lockbox system has been
developed. In this way, police and firefighters would have the controlled ability to open gates
and doors when there is not a key-holder on site during the emergency. In order to ensure
uniform deployment of the lockbox system, municipalities most often incorporate the
requirements for the system into their building and fire regulations. The fire marshal and
1
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
building officials then regulate the application of this system in accordance with professional
guidelines.
This agenda item therefore includes the mandate for the deployment of the lockbox system, a
suggested ordinance for the application and enforcement of the system, and the provision of
regulation authority to the Fire Marshal and his or her designee to ensure the proper
maintenance and compliance with the ordinance’s requirements. Finally, the fire code gives the
City and the Fire Marshal the authority to require this or a similar device.
Funding and Fiscal Impact:
The cost of the system is primarily borne by the developers and business owners as part of their
construction and occupancy/licensing requirements as currently regulated by the Fire Marshal.
However, the City will incur approximately $5,900.00 in the installation of the access and
tracking equipment in the various fire and police apparatus so that emergency personnel may
access the key box located at the individual business and gated complexes. There is no
reported recurring costs.
Additionally, since the system is keyed specifically for the public safety entity in their
municipality (to prevent unauthorized outside access), the City may be required to absorb the
cost to re-key the minority of business that already have a system installed to Fulton County’s
specifications. The cost involved in this re-keying is expected to be minimal.
Alternatives:
This key lockbox system provides the most comprehensive system in the most cost efficient
manner possible. Currently, fire and police either wait on a key holder, or force entrance in
extreme emergency situations. Several of the access control gates in the City have an
emergency number that can be used to open the gate. However, these numbers are not
regulated and are coded by the individual property manager and changed at non-specified
intervals (which may result in codes being changed without public safety personnel being
informed of the change).
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Charles Millican, Interim Public Safety Director
2
____________________________
_____________________________
ORDINANCE NO. 2008-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 15, ARTICLE 3, HEALTH AND
PUBLIC SAFETY, OF THE CITY OF MILTON CODE OF ORDINANCE,
REQUIRING GATE ACCESS TO HAVE A KEY LOCK BOX INSTALLED ON
THE ENTRANCE SIDE FOR EMERGENCY ACCESS PURPOSES and
REQUIRING CERTAIN BUILDINGS TO HAVE A KEY LOCK BOX
INSTALLED FOR EMERGENCY ACCESS PURPOSES
The Council of the City of Milton hereby ordains while in regular session on the ______ day
of ___________, 2008 at _____ pm. as follows:
SECTION 1. That the Health and Public Safety Ordinance is hereby adopted and approved; and
is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 15 of the Code of Ordinances
of the City of Milton, Georgia; and,
SECTION 3. This Ordinance is effective _________________.
ORDAINED this the _____ day of ________________, 2008.
Approved:
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
Chapter 15: Health and Public Safety
Article 1: Overall Purpose
The purpose of this chapter is to provide for the health and safety of the citizens of the
City of Milton.
Article 2: Emergency Management Services
Section 1: Purpose
The purposes of this section are to:
(a)Reduce vulnerability of people and the community to damage, injury and loss of life
and property resulting from natural or manmade catastrophes, riots or hostile military or
paramilitary action.
(b) Prepare for prompt and efficient rescue, care and treatment of persons victimized or
threatened by disaster.
(c) Provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by disasters.
(d) Clarify and strengthen the roles of the mayor, city council, city administrator and
city departments in prevention of, preparation for, response to and recovery from disasters.
(e) Authorize and provide for cooperation of activities relating to disaster prevention,
preparedness, response and recovery.
(f) Authorize and provide for coordination of activities relating to disaster prevention,
preparedness, response and recovery by departments and officers of the city, agencies of
the private sector and similar activities in which the federal government, the state and its
political subdivisions may participate.
(g) Provide a disaster management system embodying all aspects of pre-disaster
preparedness and post-disaster response.
Section 2: Emergency Defined.
As used in this Article, “ emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the city
caused by such conditions as air pollution, disease, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions resulting from war or the imminent threat
of war. Such term shall not include conditions resulting from a labor controversy, which
conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and
facilities of the city, requiring the combined forces of other political subdivisions to combat.
Page 1 of 18
Section 3: Director of Emergency Management Services.
The office of the director of emergency management services is hereby created. The
mayor, with the consent of the city council, shall nominate for appointment by the governor, a
director, whose duties, upon appointment, shall be as follows:
(a) to represent the mayor on all matters pertaining to emergency management;
(b) to coordinate the development of community-wide emergency preparedness;
(c) to develop an emergency and disaster operations plan for effective mobilization of all
the resources of the city, both private and public;
(d) to prepare and recommend for approval by the city council mutual aid programs and
agreements between other local governments and the city;
(e) to prepare and effectuate legal action for continuity of government in the event of
emergency;
(f) to coordinate and advise government departments in development and
implementation of the emergency and disaster operations plan and other required agencies
or groups;
(g) during periods of emergency to obtain vital supplies and equipment lacking, needed
for the protection of life and property of people and bind the city for the value thereof and
if required immediately, requisition same.
(h) to procure federal and state assistance through emergency management channels and
through federal assistance programs in such areas as law enforcement, highway safety,
ambulance procurement, or emergency medical services and others.
In addition to the above duties, the director of emergency management services shall be
responsible during an emergency to advise the mayor in operational situations, public
information and privileged information implementation of the emergency plan, to direct
and coordinate the activities of the emergency operation center staff, and to assist the
mayor in assuring the execution of operations plans and procedures required by the
emergency.
Section 4: Disaster Plan.
The director shall prepare a comprehensive disaster basic plan which shall be adopted and
maintained by resolution of the council upon the recommendations of the director. Incorporated
into such plan and expressly made a part thereof, shall be a crisis communications plan. In the
preparation of this plan as it pertains to city organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and agencies be used to the fullest
extent.The disaster plan shall be considered supplementary to this ordinance and have the effect
of law whenever emergencies have been proclaimed.
State law Reference O.C.G.A. § 49-5-233
- 2 -
Section 5: Emergency; Special Powers.
In the event of man-made or natural disaster, mass electrical failure, rioting, actual enemy
attack upon the United States or any other emergency which may affect the lives and property,
the mayor may declare that a state of emergency exists by written proclamation setting out the
circumstances of the emergency and thereafter the mayor, or in his/her absence, the mayor pro
tem or city administrator, shall have and may exercise for any period as this state of emergency
exists or continues, the following emergency powers:
(a) to enforce all rules, laws and regulations relating to emergency management and to
assume direct operational control over all emergency management resources;
(b) to seize, take for temporary use, or condemn any property for the protection of the
public;
(c) to sell, lend, give or distribute all or any property or supplies among the inhabitants
of the city; to maintain a strict accounting of property or supplies distributed and for funds
received for the property or supplies;
(d) to declare a limited or general curfew as may be needed to restore public order;
(e) ordering the closing of any business;
(f) closing to public access any public building, street or other public place;
(g) to prohibit or regulate the possession, sale or use of explosives, gasoline or other
flammable liquids, firearms, ammunition, or dangerous weapons of any kind; and
(h) to perform and exercise any other functions and duties and take any emergency
actions as may be necessary to promote and secure the safety, protection and well being of
the inhabitants of the city.
Section 6: Mutual Aid.
In periods of local emergency, the city is granted full power to provide mutual aid to any
affected area in accordance with local laws, ordinances, resolutions, emergency plans or
agreements therefor. The city may request from state agencies mutual aid, including personnel,
equipment and other available resources to assist the city during the local emergency plans or at
the directions of the governor.
Section 7: Civil Liabilities.
(a) The city shall not be liable for any claim based upon the exercise or performance, or
the failure to exercise or perform, a discretionary function or duty on the part of the city or
any employee of the city excepting willful misconduct, gross negligence or bad faith of
any such employee, in carrying out emergency services as defined in Article 2 above.
(b) The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers’ compensation and other benefits which apply to the
activity of officers, agents or employees of the city when performing their respective
functions within the territorial limits of the city shall apply to them to the same degree and
extent while engaged in the performance of any of their functions and duties extra
territorially under the provisions of this chapter, excepting willful misconduct, gross
negligence, or bad faith.
- 3 -
(c) Volunteers duly enrolled or registered with the city in a local emergency, a state of
emergency, or a war emergency, or unregistered persons placed into service during a state
of war emergency, in carrying out, complying with, or attempting to comply with any
order or regulation issued pursuant to the provisions of this chapter or performing any of
their authorized functions or duties or training for the performance of their authorized
functions or duties, shall have the same degree of responsibility for their actions and enjoy
the same immunities as officers and employees of the city performing similar work.
Articlee 3: Fire Code
Section 1: Fire Chief and Fire Marshall
The City Manager shall appoint the Fire Chief and the Fire Marshal.
Section 2: Fire Prevention duties.
A.The fire prevention code shall be enforced by personnel in the city fire
department, which is established and which shall be operated under the
supervision of the fire chief.
B.The fire chief may detail members of the fire department as inspectors. If
necessary these inspectors may be reassigned to the fire fighting force at the
discretion of the fire chief.
Section 3: Fire limits of city; storage of explosives, flammable liquids and liquefied petroleum
gases.
Districts within the city where storage of explosives, flammable liquids or liquefied
petroleum gases are restricted or permitted under the fire prevention code shall be legally
described in a map entitled City of Milton Fire District.
Maps, which shall be approved by the city council and maintained in the office of the city
clerk, for inspection by the public.
Section 4: Modifications
The fire chief or fire marshal shall have power to modify any of the provisions of the fire
prevention code upon application in writing by the owner or lessee, or a duly authorized agent,
when there are serious difficulties in carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and substantial justice done. The
particulars of such modification, when granted or allowed, and the decision of the fire chief or
fire marshal thereon shall be entered upon the records of the fire department and a signed copy
shall be furnished to the applicant.
Articl
- 4 -
Section 5: Appeals
a. Any person aggrieved by an action of the fire chief, the fire marshal or other city
official or employee of the City of Milton fire department, including but not limited
to disapproval of an application, refusal to grant a permit, a determination that the fire
code or city ordinances does not apply or has been misconstrued, but excluding those
actions or violations which are within the purview of the state fire marshal or code
violations which are subject to the jurisdiction of municipal, state or federal court,
may appeal and be heard by the city board of appeals for construction.
b.All appeals, pursuant to this section, must be filed in writing with the City of Milton
public works department within 30 days from the date of the decision or action from
which the aggrieved party appeals. All appeals must be filed on forms which can be
obtained at the City of Milton public works department.
c.Any person aggrieved by an action of the city board of appeals for construction may
appeal within 30 days to the Superior Court of Fulton County, Georgia by writ of
certiorari.
Section 6: New Materials, processes or occupancies which may require permits
The City Manager, the fire chief and the fire marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies, which shall require permits in addition to those now
enumerated in the fire prevention code. The fire chief shall post the list, if any, in a conspicuous
place in his or her office, and distribute copies thereof to interested persons. The list shall be a
rule and regulation of the fire department and shall be adopted by the mayor and city council and
become effective upon approval, unless otherwise specified.
Section 7: Penalties
a.Any person who shall violate any of the provisions of the fire prevention and
protection code or fail to comply therewith or who shall violate or fail to comply with
any order made thereunder or who shall build in violation of any detailed statements,
specifications, plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken within the time affixed
herein may be prosecuted for violations by the city after the person has been issued a
citation by a duly authorized officer of the fire department of the City of Milton or an
authorized law enforcement officer of the police department of the City of Milton.
Upon conviction, the person shall be punished by a fine or imprisonment in
accordance with Section 11-4-080 of the City Code, as now or hereafter amended.
The imposition of one penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct or remedy the
violations or defects within 30 days. Each day’s continuing violation shall be treated
as a separate offense.
- 5 -
b.In addition to all other provisions of this section, any violation of this chapter is
deemed to be a continuing nuisance and may be abated by an application of
injunction in the Superior Court of Fulton County or any other court of competent
jurisdiction.
Section 8: Authority at fires.
a.The fire chief or fire officers under his or her direction shall have full control over all
fire apparatus of the fire department in service at any fire. It shall be the duty of the
fire chief or his or her designee to superintend the fire department while performing
any public duty in fighting a fire; to give general and specific directions as to the
manner of fighting fires, the use of hose and apparatus, and the specific duties and
assignments of the various members of the fire department in attendance at a fire.
The fire chief may immediately suspend any member of the fire department for
insubordination at any fire.
b.Officers of the fire department, when at the scene of a fire, may direct or assist the
city police department in directing traffic in the immediate vicinity.
Section 9: Obstruction of or tampering with fire hydrants and apparatus prohibited.
a.It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or
any other material around or in close proximity to any fire hydrant so as to cause
hindrance or delay in access thereto, or prevent the free use thereof by the fire
department. No person shall, in any way, interfere with or tamper with any fire
hydrant or attempt to take water therefrom without special authority from the fire
chief or his or her designee. Any person who violates this section shall upon
conviction be punished in accordance with Section 11-4-080 of this Code, as now or
hereafter amended.
b.Without the consent of the fire chief, no person not an active member of the fire
department shall at any time ride upon any of the fire apparatus of the fire
department, nor shall any person make use of any fire apparatus, hose, or other
equipment of the fire department, other than for the purpose for which the equipment
was intended, without the consent of the fire chief.
Section 10: Certain acts interfering with firefighting activities.
No person, except an active member of the fire department, shall at any time, enter within
the territory or vicinity of any fire, when the area is roped off or access is denied by the city
police, or interfere with or attempt to operate any of the apparatus or equipment of the fire
department or any fire hydrant, or interfere by giving orders to any individual, unless requested
to do so by the fire chief or fire officers under his or her direction; provided, however, that the
mayor or any member of the council; any police officer or other law enforcement officer; the
owner or occupant of the property, and the city manager or any other persons as may be
specifically authorized by the fire chief or his or her designate, may enter the restricted areas.
- 6 -
Section 12: Open burning.
Open burning is prohibited, with certain exemptions, in the city, as set forth in Chapter
12, Article 5, Section 3. The provisions of Section 391-3-1.02(5) of the regulations promulgated
by the Georgia Environmental Protection Department under the Georgia Air Quality Act, as
amended from time to time are adopted and incorporated herein by reference. A copy of said
regulation shall be kept on file by the city clerk for inspection by the public.
Section 13: Posting of addresses.
a.All owners and occupants of improved real property lying within the city are required
to post the address of such real property owned or occupied by them with the street
address assigned to such property by the City of Milton, in such manner that said
address is clearly visible and legible from the street on which the improvement on
such property fronts. The obligation hereby imposed shall be the joint duty of all
owners and occupants of improved real property lying within the city who are over 18
years of ago.
b. All owners of apartment complexes lying within the city are required to post the
building identified for each apartment building within the complex, whether the
identifier be a number or letter or a combination thereof, in such manner that said
building identifier is clearly visible and legible from the street or private drive on
which each building fronts. The identifier for each building within apartment
complexes lying within the city will be a minimum of one foot in height, will contrast
with the building itself so as to be highly visible, will be reflective so as to be seen
easily in darkness and will not be obstructed at any time by natural or man-made
objects. All owners of apartment complexes lying within the city will have a grace
period of six months from the effective date of this subsection to come into
compliance.
c.All persons who violate this section shall be subject to a fine in an amount set by
resolution of the City Council. If the person does not remedy the violation, every 30
days shall be deemed a separate offense.
Section 14: Sprinkler protection required.
a. As used in this section, the following terms shall have the meanings set forth herein:
1.“Commercial” refers to a business involved in the exchange of services,
productions, or property of any kind; the buying, selling and exchange of
articles.
2.“Multifamily residential structures” refers to a structure with a maximum
of four stories in height, except duplex and free standing single family
residences. A story is defined as that portion of a building included
between the upper surface of the floor and the upper surface of the floor or
roof next above.
- 7 -
3.“New,” for the purposes of this section, shall include any additions to
existing buildings, whether vertically or horizontally, or any existing
building or structure which shall be deemed to be a new building in the
event such building or structure is subject to substantial renovation or a
fire or other hazard of serious consequence. For purposes of this
subsection, the term “substantial renovation” shall mean any construction
project involving exits or internal features of such building or structure
costing more than the building’s or structure’s gross assessed value
according to county tax records at the time of such renovation.
4.“Approved system-commercial/residential,” for commercial buildings
over 5,000 square feet, or residential structures, or those structures
required to be sprinkled by some other code, means a sprinkler system
designed in accordance with National Fire Protection Association
Standards and referenced publications.
5.Approved system-commercial areas less than 5,000 square feet, for light
hazard areas, i.e. offices and shipping areas, of commercial buildings less
than 5,000 square feet a modified sprinkler system may be used. This
system may be used upon appeal to the fire marshal’s office by the owner
of the building.
6.“Modified sprinkler system” is a combination sprinkler system operating
off the domestic water supply designed in accordance with specifications
on file in the fire marshal’s office.
b.All new commercial buildings shall be protected throughout with an approved
automatic fire protection system.
1.For buildings less than 15,000 square feet constructed mainly for the
storage of products with limited life loss potential some flexibility may be
allowed. The owner may petition to the fire marshal for exception to
sprinklers in the storage areas. The fire marshal will give consideration to
such things as building construction, products stored, arrangement of
storage, number of employees in the area, access to the building, and any
other fire protection features provided. This exception will not be allowed
for additions to existing sprinkled buildings.
For buildings storing materials that are water reactive or may be damaged
by water fighting a fire, than by a fire, the fire marshal’s office shall use
the same considerations.
2.Additions to existing unprotected buildings where the addition totals
less than 1,000 square feet; provided, however, the addition must be
separated by fire rated construction in accordance with the City of Milton
Building Code and is not required to be protected by some other
applicable code.
- 8 -
c.All new multifamily residential structures shall be protected throughout with an
approved automatic fire protection system.
d.All new one-family and two-family dwellings built closer than 20 feet from another
structure or closer than ten feet to the property line must be sprinkled with an
approved system.
e.There shall be early fire detection systems in all sections of multifamily occupancies.
Existing buildings may have an approved battery operated smoke detector. The
bureau of fire prevention may require a hard-wire detection system if battery operated
detectors are not maintained according to manufacturer’s recommendation.
f.The owner is responsible for the inspection and testing of the sprinkler system in
accordance with the rules of the Georgia Safety Fire Commissioner.
g.If this code section in any way conflicts with the provisions in the Standard Building
Code, the Fire Prevention Code, or the Life Safety Code, the more restrictive shall
apply.
Section 15: Application of building and fire related codes to existing buildings.
a. O.C.G.A. § 8-2-200 et seq., and all subsequent amendments thereto, is adopted and
incorporated by reference and shall be controlling in the corporate limits of the city. A copy will
be on file in the office of the city clerk for inspection by the public.
b. Any other provision(s) of the city Code of Ordinances which does not adopt state law by
reference and which is more restrictive than the rules of the Georgia Safety Fire Commissioner
shall be controlling over the rules of the Georgia Safety Fire Commissioner.
c. All amendments, deletions, additions or supplements to O.C.G.A. § 8-2-200 et seq. may
be adopted by an ordinance of council, and thereby incorporated herein; provided, that any
changes in the standard text shall be made available to the public for inspection in the office of
the city clerk.
Section 16: Key lockbox system for commercial, residential and other locations with restricted
access through locked gates.
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1.commercial or industrial gated structures that are secured in a
manner that restricts access during an emergency;
2.multi-family residential structures that have restricted access
through locked gates;
- 9 -
3. governmental structures and nursing care facilities with gated
entrances.
b. All newly constructed structures, communities, or complexes subject to this
section shall have the key lock box installed and operational prior to the issuance
of an occupancy permit. All structures, communities, or complexes in existence
on the effective date of this section and subject to this section shall have one year
from the effective date of this section to have a key lock box installed and
operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d.The owner or operator of a structure, community, or complex required to have a
key lock box shall, at all times, keep a key in the lock box, or maintain the
operation of the box at all times.
e.The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
f.Any person who owns or operates a structure, community, or complex subject to
this section shall be subject to the penalties set forth in all sections of this code for
any violation of this section, provided that the maximum fine for a conviction for
a violation of this section shall be $1,000.00.
g.All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
h. This Ordinance shall take effect immediately upon its passage.
Section 17: Key lockbox system for certain buildings as designated by the Fire Marshal.
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1.commercial or industrial structures protected by an automatic
alarm system or automatic suppression system, or such structures
that are secured in a manner that restricts access during an
emergency;
2.multi-family residential structures that have restricted access
through locked doors and have a common corridor for access to the
living units;
- 10 -
3.governmental structures and nursing care facilities.
b. All newly constructed structures subject to this section shall have the key lock
box installed and operational prior to the issuance of an occupancy permit. All
structures in existence on the effective date of this section and subject to this
section shall have one year from the effective date of this section to have a key
lock box installed and operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d. The owner or operator of a structure required to have a key lock
box shall, at all times, keep a key in the lock box that will allow for access to the
structure.
f. The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
g. Any person who owns or operates a structure subject to this section shall be
subject to the penalties set forth in all sections of this code for any violation of
this section, provided that the maximum fine for a conviction for a violation of
this section shall be $1,000.00.
h.All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
g. This Ordinance shall take effect immediately upon its passage.
Article 4. Fire Lanes
Section 1: Purpose and Scope.
It is the declared purpose of this article to provide for the designation and identification
of the lanes; for the manner, method and language for the posting of signs; to establish the
penalty for violation of this chapter; to identify and designate the persons who have authority to
enforce the chapter and the limits of such authority; to prohibit parking in fire lanes; to provide
for the method of submitting properties to this chapter; to repeal all ordinances in conflict
herewith; and for other purposes.
Section 2: Definitions.
The words used in this chapter shall have their normal accepted meanings except as set
forth below:
- 11 -
A.“Authorized emergency vehicle” means a motor vehicle belonging to a public
utility corporation and designated as an emergency vehicle by the department of
public safety; a motor vehicle belonging to a fire department or a certified private
vehicle belonging to a volunteer fireman or a firefighting association, partnership,
or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or
local law enforcement agency, provided such vehicle is in use as an emergency
vehicle by one authorized to use it for that purpose.
B.“Enforcement officer(s)’ shall refer to any duly authorized law enforcement
officer employed by the city.
C.“Fire lane(s)” are areas designated by the fire official providing access for fire
department vehicles to buildings, fire department connections and fire hydrants.
This includes all alleys, driveways or lanes, devoted to public use, where the
parking of motor vehicles or other obstructions can interfere with the ingress or
egress of fire department vehicles for the protection of persons and properties
including, but not limited to, shopping centers, theaters, hospitals, bowling lanes,
churches, multi-family housing, and high-rise buildings.
D.“Fire official” means the fire officer or other designated authority, or their duly
authorized representative, charged with the administration and enforcement of the
fire prevention code.
E.“Master plats” means all original plats drawn in accordance with this chapter; all
copies distributed shall be from this original drawing.
F.“New building(s)” means any commercial structure or public facility whose
certificate of occupancy was issued after the effective date of Ordinance No.
4782.
G.“Plats” shall refer to maps created by the building owner and approved by the fire
marshal which depict the location and boundaries of land and all existing fire
lanes in accordance with this chapter. Such maps shall be drawn to scale.
H.“Property owner(s)” shall refer to each person, firm, corporation, or entity
possessing any estate, or leasehold right in the property being designated as fire
lane(s).
I.“Ticket” shall mean an order issued out of court by an enforcement officer of the
city directing a violator of this chapter to comply with all civil fines as set forth.
Section 3: Identification.
A.Every existing building and all new buildings shall be accessible to fire department
apparatus by way of designated fire lanes with an all-weather driving surface of not
less than 20 feet of unobstructed width. There shall be a minimum roadway turning
radius of 35 feet. There shall be a minimum vertical clearance of 13 feet, six inches.
The minimum hard surface subbase paving specification shall be at least one and one-
half inches of asphalted topping on at least six inches of bound crushed stone, or the
equivalent, capable of supporting the gross vehicle weight of fire apparatus. During
construction, when combustibles are brought onto the site in such quantities as
deemed hazardous by the fire official, access roads and a suitable temporary supply of
water acceptable to the fire department shall be provided and maintained.
- 12 -
a.Where fire protection systems approved by the fire official are provided, the
above required clearances may be modified by the fire official.
b.The fire official shall have the authority to require an increase in the minimum
access widths where they are inadequate for fire or rescue operations.
c.The creation, deletion, or modification of a fire lane shall be done in the best
professional judgment of the fire official.
B.Any owner of a building aggrieved by the decision of the fire official under this
section may appeal from the decision of the fire official to the city manager within 30
days from the date of the fire official’s decision. All appeals to the city manager shall
be in writing setting forth the reasons for the appeal. The city manager shall issue a
written decision to the owner within 30 days from the receipt of the written appeal
from the owner.
C.The areas designated as fire lanes shall have signs posted meeting the following
criteria:
1.Sings to read “No Parking Fire Lane.”
2.Letters shall not be less than two inches in height.
3.One sign shall be posted at the beginning of the fire lane and one at the end of
the fire lane; each sign shall be erected not more than 50 feet apart.
4.Signs posted shall not be more than four feet from the edge of the curb and
shall be visible from both direction of the driving surface.
D.The fire official may order curbs to be painted yellow or other distinctive colors.
Section 4: Approval; subsequent maintenance.
All fire lanes shall be approved by the fire official pursuant to these regulations, and
thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or
roads deemed necessary for fire department access by the fire official shall be maintained in a
passable condition.
A.Private property owners or their representatives shall be responsible for keeping
all fire lanes on their property free from obstructions.
B.Public property owners, the City of Milton, or their representatives shall be
responsible for keeping all fire lanes within the city’s jurisdiction free of
obstructions.
Section 5: Erection of signs.
No person or property owner shall place, erect or maintain any sign for control of parking
or traffic which includes the words “Fire Lane” unless such location has been designated a fire
lane by the fire official. Any failure to meet the applicable requirements specified in Section 2-
- 13 -
10-030 of the Milton City Code shall be subject to a fine of $150.00 for each violation, provided,
however, that the fine will be waived if the required specifications are made within 14 days from
the date of citation. If that private or public property owner fails or refuses to meet said
requirements on his property within such 14 days he shall, on the 15th day after receiving the
citation, be subject to the $150.00 fine for each violation and an additional $10.00 fine for each
violation for each day that the owner fails to comply with the provisions of this section until the
area is properly designated and constructed. Each additional day shall be construed as an
additional violation. All fines assessed under this section shall be paid into the treasury of the
city.
Section 6: Violations.
No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided,
however, this section shall not apply to the parking of an authorized emergency vehicle on
official business.
A.Enforcement of this section shall be through a civil action in municipal court by
the issuance of a ticket which shall be either left with the vehicle or delivered to
the person in possession thereof. For purposes of such civil action, it shall be
presumed that the registered owner of said vehicle is in control or possession
thereof.
1.The first violation of parking in a fire lane within any 30-day period shall
be punished by a $25.00 civil fine; provided, however, the second
violation within any 30-day period shall be punishable by a civil fine of
$40.00; and a civil fine of $50.00 may be levied for each violation
thereafter occurring within any 30-day period.
2.The person receiving a ticket for violation of this section may pay the civil
fine(s) by return mail to the municipal court of the city or his designated
receiver within 48 hours of the issuance of the ticket or may request a
hearing within 48 hours to contest the issuance of the ticket. In the event
the civil fine is not paid within 48 hours, the municipal court may issue a
citation for contempt requiring the offender to show cause why he failed to
pay the fine within the time frame allowed by this section. Upon
conviction thereof, the municipal court may impose a fine as provided by
law.
B.Upon any person to whom a ticket has been issued under this section, a uniform
traffic citation may be obtained with a hearing date thereon from the police officer
or uniformed fire inspector whereupon it shall be returnable to the municipal
court.
Violation of this section shall be enforced through a civil action. The burden of proof
shall be on the city. The standard of proof shall be by a preponderance of the evidence;
provided, however, the aforementioned presumption in subsection (A) of this section
shall apply.
- 14 -
Section 7: Enforcement Authority.
A duly authorized law enforcement officer employed by the city and uniformed fire
inspectors shall have the authority for enforcement of fire lanes.
Section 8: Emergency Authority
In addition to all powers authorized by state law, as amended, in the event of any fire,
explosion, bomb threat, or similar emergency, the fire department in the city shall be authorized
to prevent the blocking of any public or private street, road or alley, way or driveway, or
emergency lane, during any such emergency or remove any vehicles or obstructions necessary.
The officers, members, agents or employees of the fire department of the city shall not be liable
at law for any act or acts done while actually fighting a fire or performing duties at the scene of
an emergency.
Section 9: Liability for enforcement of article pertaining to maintenance and clearing.
The City of Milton assumes no liability for any damages, injuries, or deaths resulting
from enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of
the fire lanes. The City has the authority to issue individual tickets or citations for fire lane
violations, but the property owner has the ultimate responsibility to clear the fire lanes.
Section 10: Enforceability of properly placed signs.
The disregard or disobedience of the instruction of any sign placed in accordance with the
provisions of this chapter by the driver of a vehicle shall be deemed prima facie evidence of a
violation of law, without requiring proof by whom and by what authority such sign has been
erected.
Section 11: Petition requesting application of chapter to properties.
Properties may become subject tot his chapter by submitting a petition from the property
owner or fully authorized agent of the property owner requesting this chapter to apply. The
petition shall be submitted to the fire official and, upon approval, the property shall become
subject to this chapter and its subsequent revisions.
Section 12: Descriptions for fire official.
Property which falls within the jurisdiction of the City of Milton shall have all fire
delineations visually depicted on a plat. These plats shall be designed by the owner and
submitted to the City of Milton Fire Department and copies shall be maintained with the city
clerk. Each visual depiction shall identify all building exterior walls, traffic and parking lanes,
and sidewalks. The area(s) to be designated as fire lane(s) shall be delineated in red ink. The
plat shall state a scale of measurement and shall be on paper or a series of pages of 8 ½ by 11
inches. The plat identification shall specify the name of the property, a brief legal description of
- 15 -
the property, and the length and width of the fire lane(s), as approved by the fire official, with
whom all master plats will be filed.
Article 5: Police Department.
Section 1: Composition and Purpose
The police department shall be composed of the chief of police and any police officers or
other employees as may be necessary. Its purpose is to enforce City of Milton ordinances, and
county, state and federal law within its jurisdiction so as to maintain the peace, good order and
tranquility of the city. Enforcement powers shall include the arrest and prosecution for any
violation of such laws. The police department may be assisted by others as may be authorized by
mayor and council, or as provided in any duly executed intergovernmental contract or mutual aid
agreement.
Section 2: Chief of Police; Acting Chief.
Under the general direction of the city manager, the chief of police will direct the
administration and operation of all services of the City of Milton police department and shall
establish the policies, directives, rules and regulations for the administration and operations of
the department. The chief is the executive officer of the department and shall ensure that all
laws, both state and federal, ordinances and regulations are enforced and that life and property
are protected. The chief shall monitor the daily functions of all divisions including
Administration, Uniform Patrol, Criminal Investigation, and Support Services. His/her
responsibilities shall include overseeing accreditation and training, supervising operations, and
reviewing decisions related to hiring, disciplining, and evaluation of department personnel.
In the chief’ s absence from the city or when for any reason the chief of police is unable to
attend to the duties of his office, he shall designate a person to be acting chief and such
designated person shall assume the duties of the chief of police for such designated time.
Section 3: Oversight by Public Safety Committee.
The Public Safety Committee shall oversee the operation of the Police Department. The
Police Chief shall serve as a liaison to such Committee and make periodic reports as requested.
Section 4: Operations Manual.
- 16 -
The Police Department shall be operated in accordance with The Milton Police
Department Employee Manual, adopted _________, as amended from time to time. The Milton
Police Department Employee Manual as amended is hereby incorporated herein by reference.
Section 5: Patrol Powers.
(a) The police officers of the city shall have the authority to patrol over any street, alley,
path sidewalk, or park in and around any stores, cafes, taverns restaurants, dance halls,
service stations or any other establishment in the city.
(b) An officer while on duty for the city shall have authority to enter any type of business
while open to the public and check to see if everything is being carried on in a lawful
manner. After business hours and while closed to the public, an officer for the city has
authority to check places of business, to see if the doors and windows are safely locked.
(c) An officer for the city shall have the authority to check and investigate, enter and patrol
any park, business, residence or public place within the city limits if the officer has
probable cause or sufficient reason to believe some act is being committed which would
involve the violation of a law or a city ordinance; a personal injury or damage to property;
or if any of the above appear to be imminent.
(d) No police officer shall enter a private dwelling without a search or arrest warrant
unless he has the voluntary consent of the owner or occupant or he is in pursuit of a
fugitive who the officer has personal knowledge or probable cause to believe has
committed or attempted to commit a felony.
Section 6: Compensation for Testifying.
Any law enforcement officer subpoenaed by the Municipal Court of the City of Milton
will be entitled to compensation from the City of Milton for his or her appearance at a court
session when such officer attends in an off-duty status.
Section 7: Abuse of Position.
( a) No police officer shall use his official position or official identification cards or
badges:
(1) for personal or financial gain;
(2) for obtaining privileges not otherwise available to the officer except in the performance
of duty; or
(3) for avoiding consequences of illegal acts.
(b) Police officers may not lend their identification cards or badges to another person,
or permit them to be photographed or reproduced without the approval of the chief.
Section 8: Endorsements and Referrals.
- 17 -
Police officers shall not recommend or suggest in any manner, except in the transaction of
personal business, the employment or procurement of a particular product, professional service
or commercial service such as an attorney, ambulance, towing service, bondsman, mortician or
the like. In the case of ambulance or towing service, when such service is necessary and the
person needing the services is unable or unwilling to procure it or requests assistance, officers
shall proceed in accordance with established departmental procedures.
- 18 -
PETITION NUMBER(S):
U07-011/VC07-017
PROJECT NAME
The Academy
PROPERTY INFORMATION
ADDRESS 13620 Hopewell Road
DISTRICT, LAND LOT 2/2 909
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural)
ACRES 22.15
EXISTING USE Single Family Residence
PROPOSED USE Use Permit for a Private School for Kindergarten through 8th
Grade up to 325 students (Article 19.4.40)*
OWNER Jean Elizabeth Brown Smith & James Thomas Brown
ADDRESS 13620 Hopewell Road
PETITIONER/REPRESENTATIVE Monticello Real Estate Invest, LLC / J.T. Adams
ADDRESS 8480 Holcomb Bridge Road, Suite 200
Alpharetta, GA 30022
PHONE 678-679-0365
INTENT
To develop a private school with 5 buildings for a total of 63,400 square feet with a
maximum of 325 students for Kindergarten – 8th graders. The applicant is also
requesting the following 5-part concurrent variance:
1) To reduce the building setback along the north property line from 100 feet to 85
feet (19.4.40.B.3)
2) To reduce the 75-foot buffer and 10-foot improvement setback to the extent
necessary to allow the septic fields to encroach. (Article 12H.3.1.C.2.)
3) To increase the maximum 20 foot setback from the landscape strip to 500 feet.
(12H.3.5.C.1)
4) To allow parking between the right of way and the building. (Article 12H.3.5.F.3)
5) To reduce parking from 171 spaces to 70 spaces (Article 18.2.1)*
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 1 of 22
U07-011/VC07-017
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
January 29, 2008
U07-011 – DEFERRAL UNTIL FEBRUARY 26, 2008
VC07-017 – DEFERRAL UNTIL FEBRUARY 26, 2008
The applicant has requested a deferral to allow more time to work with the area
residents.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
February 26, 2008
U07-011 – WITHDRAWAL
VC07-017 – WITHDRAWAL
The applicant has requested a withdrawal of this petition without prejudice.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 2 of 22
U07-011/VC07-017
LOCATION MAP
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 3 of 22
U07-011/VC07-017
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 4 of 22
U07-011/VC07-017
SITE PLAN RECEIVED – DECEMBER 6, 2007
2/26/2008
U07-011/VC07-017
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
*Based on a revised letter of intent received January 31, 2008 Page 5 of 22
SUBJECT SITE LOOKING NORTH
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 6 of 22
U07-011/VC07-017
SUBJECT SITE – LOOKING WEST
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 7 of 22
U07-011/VC07-017
SUBJECT SITE – LOOKING EAST FROM REAR PROPERTY LINE
SUBJECT SITE:
The subject site is a 22.15 acre tract of agriculturally zoned land, located on the
west side of Hopewell Road. There is a lake on the rear of the property and a
50’ buffer and 25’ non impervious buffer is required around it. The subject site is
developed with a single-family residence. It is located within the Agricultural,
Forestry and Mining Land Use designation on the Focus Fulton 2025
Comprehensive Land Use Plan.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 8 of 22
U07-011/VC07-017
Existing uses and zoning of nearby property (See Map following table)
Location Parcel /
Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor
Area
Same land lot
as subject site
1
U01-13
AG-1 (Agricultural)
Chandler Academy
1,512.35 gross sq.
ft. per acre
Restricted to 60
students
East 2
(AG-1)
AG-1 (Agricultural)
Sandy Creek Farms
1 unit per acre
Est. 2,500 sq. ft.
East 3
(AG-1)
AG-1 (Agricultural)
Scattered homes
Min. 1 unit per
acre
Northeast 4
(AG-1)
AG-1 (Agricultural)
North Park Subdivision
1 unit per acre
Est. 3,000 sq. ft.
North 5
(AG-1)
AG-1 (Agricultural)
Scattered homes
Min. 1 unit per
acre
West/Northwest 6
(AG-1)
AG-1 (Agricultural)
The Lake at Cooper Sandy
1 unit per acre
Est. 3,000 sq. ft.
South 7
(AG-1)
AG-1 (Agricultural)
Scattered homes
Min. 1 unit per
acre
Further South 8
Z94-127
R-2A (Single Family
Dwelling District)
Conditional
Brookshade
0.98 dwelling unit
per acre
2,500 sq. ft.
Same land lot
as subject site
9
(AG-1)
AG-1 (Agricultural)
Single-family
Min. 1 unit per
acre
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 9 of 22
U07-011/VC07-017
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 10 of 22
U07-011/VC07-017
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.40. of the
Zoning Ordinance, the proposed development is consistent with the intent
and following policies of the Comprehensive Plan:
• Encourage compatible institutional uses in neighborhoods and
communities.
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
If developed in accordance with Staff’s Recommended Conditions and
the provisions of the Zoning Ordinance, the proposed private school is
expected to be compatible with other land uses in the surrounding area.
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known local, state and/or federal
statutes, ordinances or regulations governing land development.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use will generate an increase in traffic but should be
mitigated by the recommended conditions.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide the larger of 2 per
classroom or one per 35 sq. ft. in largest assembly area, whichever is
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 11 of 22
U07-011/VC07-017
larger. There will be a total of 20 classrooms (40 spaces) and the largest
assembly area is 6,000 square feet (171 spaces). Article 19.4.10 requires
the applicant to locate parking outside of the minimum 60-foot front yard
building setback. In addition, the Northwest Overlay District does not
allow parking to be located to the front of a building and/or between a
building and a right-of-way. The applicant has provided approximately
70 spaces, which does not meet the required number of spaces. The
applicant is requesting concurrent variances to reduce parking and allow
parking in front of the buildings.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately half of the subject
site is undeveloped. Staff is of the opinion that the proposed
development will provide adequate open space for the proposed
development.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay District, the buffer and
landscape strip requirements will provide adequate screening for the
proposed development. Staff notes that later in the report the requested
variance to reduce the buffer is being recommended for denial.
H. Hours and manner of operation;
The applicant indicates that the hours of operation will be 7:00 am to 7:00
pm, Monday through Friday.
I. Outdoor lighting;
At the time of Land Disturbance Permit the site shall be in compliance with
Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor
lighting. Staff notes that the subject site’s required buffers, and existing
screening, will help mitigate the impact of lights on the adjacent
properties.
J. Ingress and egress to the property.
The site plan indicates the existing curb cut that provides access to the
existing house. It appears there is a drive further to the south but it does
not connect with Hopewell Road. The City of Milton Transportation
Engineer has determined that the entrance of the school should be
located to north of the existing house because of the proposed location
of the Milton Trail along the west side of Hopewell Road. Staff notes that
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 12 of 22
U07-011/VC07-017
there is an existing historic house built prior to Hopewell Road being
developed, just north of the subject site that may be negatively impacted
by a decelerate lane because of its close proximity to the street.
Staff is of the opinion that a private school is an appropriate use for this
location based on the above considerations. Therefore, Staff
recommends APPROVAL CONDITIONAL of U07-011
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on December 6, 2007, Staff offers the following considerations:
USE PERMIT STANDARDS
The applicant’s site plan meets all of the special use standards required for
private schools, except for Article 19.4.40 Section B.3 which states that buildings
and refuse areas shall not be located within 100 feet of a residential district
and/or AG-1 district used for single family. The applicant is requesting that the
setback be reduced to 85’. It is Staff’s opinion that the private school may be
arranged in a manner to accommodate the required one-hundred (100) foot
setback from residential and AG-1 districts. The applicant has not shown
evidence of a hardship that is not self-imposed. Therefore, Staff recommends
DENIAL of Part 1 of the Concurrent Variance VC07-017.
Northwest Overlay District
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum
height limit of two stories with the maximum height 30 feet from average-finished
grade to the bottom of the roof eave. The applicant’s letter of intent has
indicated that they will remain within these limits.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section A.1 of the Northwest Overlay District requires a 10-foot
wide strip along the road. It is not shown on the site plan but it appears there is
sufficient area to meet this standard.
Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a seventy-
five (75) foot-wide undisturbed buffer, with a 10’ improvement setback, which
shall be located adjacent to all AG-1 zoning districts and all property zoned,
used, or developed for residential uses. The applicant has stated that the septic
fields are needed in the locations indicated on the site plan. Staff is of the
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 13 of 22
U07-011/VC07-017
opinion that the septic fields should be relocated so that the appropriate buffer
is provided to protect the adjacent residences. The applicant has not shown
evidence of a hardship that is not self-imposed. Therefore, Staff recommends
DENIAL of Part 2 of the Concurrent Variance VC07-017
BUILDING SETBACKS
Article 12H.3.5 Section C of the Northwest Overlay District requires a maximum
20-foot building setback from the edge of the required landscape strip and/or
easements for all properties and lots located adjacent to public rights-of-way
that are 0 to 400 feet from an intersection. The applicant’s site plan does not
show compliance with the requirement. It appears that the building could be
reconfigured in such a way as to meet this requirement. The applicant has not
yet shown evidence of a hardship that is not self-imposed. Therefore, Staff
recommends DENIAL of Part 3 of the Concurrent Variance VC07-017.
LOCATION OF PARKING
The applicant has requested a concurrent variance to allow parking between
the street and the building. It appears that there is sufficient room to locate the
parking to the rear of the main building if it is sited toward the right-of-way. It is
Staff’s opinion that the applicant has not shown a hardship that is not self-
imposed. Therefore, Staff recommends DENIAL of Part 4 of the Concurrent
Variance VC07-017.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
Private school with
approximately twenty (20)
classrooms and 6,000 sq.
ft. assembly space
• Greater of 2 spaces per
classroom (40 spaces) or
one per 35 sq. ft. in largest
assembly area (171
spaces)
171 spaces required
• 70 paved spaces
70 spaces provided
Staff notes that the applicant is providing seventy (70) parking spaces, which
does not meet the required one-hundred seventy-one (171) parking spaces
required per Article 18 of the City of Milton Zoning Ordinance. Staff notes that
the applicant has indicated a hardship in meeting the required amount of
parking spaces, as there are many site constraints consisting of wetland areas,
the location of the septic field, and required buffers. In addition, the parking lot
will be utilizing gravel parking to assist in the drainage of the site. Therefore, Staff
recommends APPROVAL of Part 5 of the Concurrent Variance VC07-017.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 14 of 22
U07-011/VC07-017
OTHER CONSIDERATIONS
The applicant has provided the following as additional building information:
Administrative Building 16,000 sq. ft.
Classroom Wings 41,000 sq. ft.
Chapel/Auditorium 6,000 sq. ft.; seating for 300 persons
Historic Structure TBD 400 sq. ft.
Number of classrooms 20
Number of students Kindergarten thru eighth grade -325
Number of staff +/- 25
CITY ARBORIST
The proposed development will not affect any specimen trees on the site and it
has been determined that there are no blue line streams that flow through the
site.
PUBLIC INVOLVEMENT
On January, 2, 2008 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were forty-four people in
attendance from the community. One community member was concerned
about the proposed developed, citing many unanswered questions. The
applicants presented their plan to the Milton Design Review Board on January 8,
2008.
Public Comments – Staff has received one phone call in opposition to the
proposal from the owner of Chandler Academy that is located to the south of
the subject site. Members of Staff have also met with 3 neighborhood residents
to address their concerns about the proposed private school.
City of Milton Design Review Board Meeting – January 8, 2008
The following recommendations were made by the DRB:
• Increase buffer between septic field and adjacent property
• Comply with Northwest Overlay requirements
• No review by Board of hardships, only site plan.
Public Notice Requirements
The use permit petition was advertised in the Milton Herald on January 23, 2008
and the sign was installed before the required date of January 2, 2008 along the
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 15 of 22
U07-011/VC07-017
frontage of Hopewell Road. The notice of rezoning was sent, to adjacent
property owners, on January 14, 2008. Because of the applicant’s request for a
30 day deferral, the notice was re-advertised on February 13, 2008, sign was
updated on February 4, 2008, and notices resent on February 4, 2008.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 days prior
to the Mayor and City Council meeting.
CONCLUSION
The proposed private school is consistent with Council and Plan Policies and
compatible with the surrounding area, if developed in accordance with the
requirements of the Zoning Ordinance and Staff’s Recommended Conditions.
Based on the request of the applicant to withdraw, Staff recommends
WITHDRAWAL of U07-011/VC07-017.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 16 of 22
U07-011/VC07-017
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a private school (Article 19.4.40) 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. Restrict the use of the subject property to a private school and accessory
uses at a maximum density of 2,862.3 square feet per acre zoned or a
total of 63,400 square feet, whichever is less.
b. Restrict the number of students to 325.
2) To the owner’s agreement to abide by the following:
a. To the site plan received by the Milton Community Development
Department on December 6, 2007. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance 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:
a. All building entrances shall have a direct connection to the sidewalk
network.
b. The site plan must provide adequate fire truck access to all buildings on
site, in alleys and one-way conditions; as acceptable to the
Transportation Engineer and Fire Marshal.
c. Provide one multi bay bicycle rack at every building.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a. Prior to the approval of a Land Disturbance Permit, dedicate at no
cost to the City of Milton, sufficient land as necessary to provide the
Right of Way for the approved final site plan including the following:
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 17 of 22
U07-011/VC07-017
i. Provide the following improvements and necessary striping as
approved by the Transportation Engineer for Milton:
1. All lanes in road improvement area shall be twelve feet
wide.
2. SB Right turn lane on Hopewell Road at site driveway.
3. NB Left turn lane on Hopewell Road at site driveway.
4. Provide overlay and striping for full width of Hopewell
Road the length of property lines plus any additional
taper lengths necessary.
ii. Provide at least 16 feet of right-of-way from the edge of
pavement of all abutting road improvements, along the
entire property frontage, as well as allow the necessary
construction easements while the rights-of-way are being
improved.
iii. Provide a multi-use trail along the entire Hopewell Road
frontage of the entire road improvements.
1. Trail along property to be ten feet wide and located at
the back of the Right of Way.
2. Trail along road improvements to be ten feet wide and
located four feet from the back of curb. Trail shall be
no less than eight feet wide and two feet from the
back of curb where feasible, as approved by the
Director of Public Works.
iv. Provide a black four-board equestrian style fence adjacent
to the trail as approved by the Director of Community
Development.
v. Provide six foot wide concrete sidewalk connecting the multi-
use trail on Hopewell Road to the buildings on the site with a
minimum five foot grass strip between the sidewalk and the
back of curb/edge of pavement.
b. Any new required entrances shall meet the Community Service
Policies and AASHTO guidelines, or roads be reconstructed to meet
such criteria, at the approval of the Transportation Engineer for
Milton.
i. Driveway access to the site shall be allowed approximately
eighty-five feet north of existing 13620 Hopewell Road
driveway and at a minimum distance to provide the
necessary turn lane lengths required by the city of Milton for
the existing right turn lane into Chandler Academy for such
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 18 of 22
U07-011/VC07-017
time this improvement may be required. There shall be no
other access driveways allowed for this site.
ii. The Hopewell Road access driveway to the school shall be a
right/left in, left out, and right out driveway. This 3 lane section
shall extend a minimum of 200’ or the 95% queue length,
whichever is greater.
5) To the owner’s agreement to abide by the following:
a. The developer’s Professional Engineer shall demonstrate to the City
by engineering analysis submitted with the LDP application, that the
discharge rate and velocity of the storm water runoff resulting from
the development is restricted to seventy-five percent (75%) of the
pre-development conditions. Locations shall be as approved by the
Stormwater Engineer.
b. The water quality and detention facilities shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
i. Detention facility shall have a six foot high, five-board
equestrian style fence with two inch by four inch welded wire
constructed around it.
c. The Developer shall utilize GASWCC limited application controls. All
water quality and detention facilities shall have vegetated surfaces
to be regularly maintained by the owner.
d. Provide a maximum 75 percent impervious, per drainage basin, at
maximum build-out.
e. Provide for maximum slopes of 3:1 and a maximum disturbed area
of sixteen acres open at any time as shown on the LDP phasing
plan, as approved by the Stormwater Engineer.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 19 of 22
U07-011/VC07-017
APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Transportation:
• Site plan does not show all proposed improvements to site entrances including turn lanes
• Analysis indicated drive on site plan does not meet spacing minimums
• Show trip generation rates used for each land use in table
• Drive location should be shifted to the north as recommended in the study to meet
minimum spacing requirements.
• Current GDOT practice on Traffic Signal Warrants is to exclude right turning volume when
a separate right turn lane exists. At both intersections that signals are recommended, the
significant majority of the volume is right turning. With the right turn volume, these
intersections would likely meet signal warrants, but without the right turn volumes, it is
likely that they would not meet warrants. A full warrant analysis should be done on these
two intersections.
• Site plan does not clearly indicate building uses.
• Underground detention is shown. Why are the lakes not used?
• Water quality features should be placed to protect the lake.
• What is the wetland study area?
• Septic system area on north property line does not seem like an appropriate area.
• Show correct buffers on both lakes and on stream.
• Clearly denote flood zones AE and X.
• Provide bus route or drop off route.
• Site plan does not show current conditions on the existing site south of this project
including the right turn lane and sidewalk.
• Delineate between vehicular and pedestrian paths on plan.
• Is there a bridge/culvert over the wetland area? No
Fulton County Health Department:
• This department recommends that the applicant be required to connect the proposed
development to public water available to the site.
• Due to the inaccessibility of public sewer to serve the proposed development, this
department recommends that individual onsite sewage management systems be
utilized. However, the “Design Limits for conventional or chamber Septic Tank Systems”
for County Health Department as defined by Georgia Department of Natural Resource
(DNR) are limited by size and subsurface introduction of effluents. Onsite sewage
management systems having a septic tank capacity of greater than ten thousand
(10,000) gallons, or where the total length of absorption trenches required, would exceed
three thousand (3000) linear feet, or where the total absorption trench bottom area
required, would exceed nine thousand (9000) square feet, will be governed and placed
under the statutory authority and jurisdiction of the Department of Natural Resources.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 20 of 22
U07-011/VC07-017
• Due to the inaccessibility of public sanitary sewer to sewer the proposed development,
this department recommends that individual onsite sewage management systems be
utilized. However, this department will require all necessary percolation and soil data,
required layouts, and supportive data be submitted for review and determined
acceptable prior to preliminary plat and/or Land Disturbance Permit (LDP) approval.
• Since this proposed development constitutes a premise where people work, live, or
congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.
• Since this development utilizes an onsite sewage management system, the owner must
obtain approval from this department prior to issuance of a building permit and before
building construction or renovation.
• This facility must comply with the Fulton County Clean Indoor Air Ordinance.
• If this proposed development includes a food service facility, the owner must submit
kitchen plans for review and approval by this department before issuance of a building
permit and beginning construction. The owner must obtain a food service permit prior to
opening.
• This department is requiring that all existing structures to be demolished must be
inspected by a certified pest control operator to insure that the premise is rat free. If
evidence of rodent infestation is found, the property must be baited prior to demotion.
• If this proposed development includes an existing individual onsite sewage management
system(s), and the system(s) will be abandoned, it shall be abandoned in accordance
with Fulton County regulations.
• If this proposed development includes an existing individual onsite water supply
system(s), and the system(s) will be abandoned, it shall be abandoned in accordance
with Fulton County regulations.
Fulton County Tax Assessor:
Property Tax ID#: 22 -4770-0909-030-3
City of Milton Fire Marshal:
Comments:
• For the Hopewell private school-Possible increase in call volume for emergency services,
water consumption demands will increase, traffic increase could slow response times,
and access to the proposed building needs to be around the entire building and to
allow parking between the building and right of way could pose a problem for
emergency access.
Public Safety
• The public safety impact would be primarily traffic related, specifically during drop-off
and pick-up times in the morning and afternoon. The projected enrollment of 325
students means up to 325 additional cars on Hopewell between 7:00 and 9:00 in the
morning and 2:00 and 4:00 in the afternoon which may increase traffic congestion in the
area. The school must have some means of managing parent-student traffic that does
not result in traffic backing up and potentially blocking Hopewell Rd during these time
periods. As a two lane road, the daily influx of these vehicles can adversely impact
traffic in the area if the school has not developed a means of keeping the road clear of
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 21 of 22
U07-011/VC07-017
waiting parents before and after school. Potential traffic hazards include increased
accidents, and restricted emergency vehicle access during these times due to the
nature of the roads and traffic patterns on Hopewell Rd. Otherwise, the impact on
public safety will be negligible.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 *Based on a revised letter of intent received January 31, 2008 Page 22 of 22
U07-011/VC07-017
PETITION NUMBER(S):
U08-001/VC08-001
PROJECT NAME
PROPERTY INFORMATION
ADDRESS Land Road (gravel road)
DISTRICT, LAND LOT 2/2 255
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural)
ACRES 10.04
EXISTING USE Undeveloped
PROPOSED USE Use Permit for a Landscape Business (Article 19.4.27)
OWNER Celestino Martinez
ADDRESS 16164 Hopewell Rd.
PETITIONER/REPRESENTATIVE Celestino Martinez
ADDRESS 16164 Hopewell Rd.
Milton, GA 30004
PHONE 678-618-8375
INTENT
To obtain a use permit to develop a landscape business. The applicant is also
requesting a concurrent variance:
1) To allow access from a local road. (Article 19.4.27 Section B.1)
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U08-001 – DENIAL
VC08-001 - DENIAL
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 1 of 16
U08-001
LOCATION MAP
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 2 of 16
U08-001
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 3 of 16
U08-001
SITE PLAN – January 10, 2008
2/26/2008
U08-001
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
Page 4 of 16
SOUTHWEST VIEW OF SUBJECT SITE FROM LAND ROAD
PROPERTIES TO THE NORTH OF SUBJECT SITE
2/26/2008
U08-001
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
Page 5 of 16
SOUTH VIEW OF SUBJECT SITE FROM LAND ROAD
SUBJECT SITE:
The subject site is a 10.04 acre tract of agriculturally zoned land, located on the
southern and western side of Land Road. The subject site is currently
undeveloped, but is used as a staging ground for a landscape business. It is
located within the Agricultural, Forestry and Mining Land Use designation on the
Focus Fulton 2025 Comprehensive Land Use Plan.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 6 of 16
U08-001
Existing uses and zoning of nearby property (See Map following table)
Location Parcel /
Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor
Area
North/Northwest 1
(AG-1)
AG-1 Agricultural
Scattered homes
Min. 1 unit/acre
Northeast 2
(AG-1)
AG-1 Agricultural
Undeveloped
Min. 1 unit/acre
East 3
(AG-1)
AG-1 Agricultural
Korean Christian Prayer
Ministries
Min. 1 unit/acre
South/West 4
(AG-1)
AG-1 Agricultural
Scattered homes
Min. 1 unit/acre
Further South 5
(AG-1)
AG-1 Agricultural
Scattered homes
Min. 1 unit/acre
Southwest 6
(AG-1)
AG-1 Agricultural
Undeveloped
Min. 1 unit/acre
Further
Southwest/West
7
(AG-1)
AG-1 Agricultural
Scattered homes
Min. 1 unit/acre
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 7 of 16
U08-001
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 8 of 16
U08-001
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.27. of the
Zoning Ordinance, the proposed development may be consistent with
the intent and following policies of the Comprehensive Plan:
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
If developed in accordance with Staff’s Recommended Conditions and
the provisions of the Zoning Ordinance, the proposed landscape business
may be compatible with other land uses in the surrounding area.
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known local, state and/or federal
statutes, ordinances or regulations governing land development.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
It is Staff’s opinion that the proposed use will generate a minimal increase
in traffic. However, the location of the subject site on a local street is
inconsistent with development standards per Article 19.4.27. There are
deliveries made by 18 wheel semi-trucks to the site that have a negative
impact on the area and the gravel road. Staff is of the opinion that this
proposed use would have a negative impact on surrounding residentially
developed properties.
E. The location and number of off-street parking spaces;
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 9 of 16
U08-001
Article 18.2.1 requires the applicant to provide a minimum of 3 parking
spaces per 1,000 sq. ft. of general office space. Article 19.4.27 requires
the applicant to locate parking outside of the minimum 60-foot front yard
building setback. The applicant’s site plan indicates 4 parking spaces
which does not meet the requirements set by Article 18.2.1. However, it
appears the applicant can meet the minimum requirements of Article
18.2.1.
F. The amount and location of open space;
The applicant’s site plan indicates that the subject site is undeveloped.
Staff is of the opinion that the proposed development may provide
adequate open space for the proposed development.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay District, the buffer and
landscape strip requirements and the existing screening around the
structures will provide adequate screening for the proposed
development. To help further screen the landscape materials from
adjacent properties to the north, Staff recommends an 8’ high opaque
fence along the frontage of Land Road where residential structures are
located across the street.
H. Hours and manner of operation;
The applicant states that the hours of operation will be from 7:00am to
7:00pm, Monday through Friday, which conforms to the hours of operation
standards in Article 19.4.27. Staff notes that delivery of materials occurs
before 7:00am.
I. Outdoor lighting;
At the time of Land Disturbance Permit the site shall be in compliance with
Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor
lighting. Staff notes that the subject site’s required buffers, and existing
screening, will help mitigate the impact of any possible lights on the
adjacent properties.
J. Ingress and egress to the property.
The applicant’s site plan indicates one curb cut. The proposed curb cut is
located east of the existing curb cut that is being currently utilized. Staff
notes that the applicant is proposing a gravel drive.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 10 of 16
U08-001
Staff notes that access from the subject site to a local road is not
permitted within the development standards of Article 19.4.27.
Furthermore, Staff is of the opinion that access to the subject site from a
local road would cause unnecessary detriment to nearby property
owners, and that delivery truck traffic would not be conducive to a
residential environment. Therefore, Staff recommends DENIAL of VC08-
001. Lastly, Staff notes that there is no possible solution to mitigate access
from a local road to the subject site due to its location and recommends
DENIAL of U08-001.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on January 10, 2008, Staff offers the following considerations:
Northwest Overlay District
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum
height limit of two stories with the maximum height 30 feet from average-finished
grade to the bottom of the roof eave. The applicant has not specifically
indicated the height of the proposed structure, but must meet this standard
before obtaining a building permit. If approved, the applicant’s proposed
building would require a review by the City of Milton Design Review Board prior
to the issuance of a building permit.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10
foot-wide landscape strip along all public streets, and it appears that the
applicant has met this requirement. Furthermore, Article 12H.3.1 Section C.2 of
the Northwest Overlay District requires a seventy-five (75) foot-wide undisturbed
buffer, with a 10’ improvement setback, which shall be located adjacent to all
AG-1 zoning districts and all property zoned, used, or developed for residential
uses. In Staff’s opinion, it appears that the applicant has met this requirement.
BUILDING SETBACKS
Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum
30-foot building setback from the edge of the required landscape strip and/or
easements for all properties and lots located adjacent to public rights-of-way
and from 0 to 400 feet from an intersection. The applicant’s fails to meet this
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 11 of 16
U08-001
requirement based on the submitted site plan, but it appears that the applicant
can meet this standard.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
• General Office • 3 spaces per 1,000 sq. ft. of • 4 paved spaces
(1,600 sq. ft.) building area. (6 spaces)
Total 1,600 sq. ft. 6 spaces required 4 spaces provided
Staff notes that the applicant is providing four (4) parking spaces, which does
not meet the required six (6) parking spaces required per Article 18 of the City of
Milton Zoning Ordinance. It appears that the applicant can meet parking
requirements. Staff notes that the site plan is in compliance with the landscape
and layout requirements of Article 12H.3.1 Section B.
OTHER CONSIDERATIONS
Staff is of the opinion that further buffering from adjacent property owners is
necessary. Therefore, the applicant should construct an 8’ opaque fence on
the north and east property lines to shield the use from nearby property owners.
CITY ARBORIST
An area was cleared of trees to make way for a drive, storage and parking.
Reviewing the existing vegetation and aerial photos, it appears much of the
removal consisted of pine trees. However, it cannot be determined if there
were any specimen trees removed during the process. Trees removed were
chipped on site. Not an excessive amount of wood chips was noticed, which
could possibly indicate few or small trees were removed. Site does exceed the
required density units.
PUBLIC INVOLVEMENT
On January 23, 2008 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were two individuals from
the community who were in attendance at the meeting. The applicants will be
presenting their plan to the Milton Design Review Board on February 5, 2008.
Public Comments – Staff has received phone calls and emails from nearby
residents. One property owner across the street from the subject site is
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 12 of 16
U08-001
discontent with the proposed landscaping business, and states that large
delivery and construction trucks currently come and go to the subject site
throughout the day and night, especially early in the morning.
Staff notes that there have been concerns by local residents that the applicant
is storing muriatic acid at the subject site. In a recent site visit, Staff was unable
to locate any containers containing muriatic acid.
Staff met with the adjacent property owners to discuss issues prior to the
Planning Commission Meeting on February 26, 2008.
City of Milton Design Review Board Meeting – February 5, 2008
The following recommendations were made by the DRB:
• The applicant must bring back a plan for the garage if the use is
approved by City Council.
Public Notice Requirements
The use permit petition was advertised in the Milton Herald on February 13, 2008
and the sign was installed before the required date of February 6, 2008 along
the frontage of Land Road. The notice of rezoning was sent, to adjacent
property owners, on February 6, 2008.
CONCLUSION
Staff notes that access from the subject site to a local road is not permitted
within the development standards of Article 19.4.27. Furthermore, Staff is of the
opinion that access to the subject site from a local road would cause
unnecessary detriment to nearby property owners, and that delivery truck traffic
would not be conducive to a residential environment. Therefore, Staff
recommends DENIAL of VC08-001. Lastly, Staff notes that there is no possible
solution to mitigate access from a local road to the subject site due to its
location and recommends DENIAL of U08-001.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 13 of 16
U08-001
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a landscape business (Article 19.4.27.) 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) Landscaping business and accessory uses at a total of 1,600 square
feet of office space.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Milton Community Development
Department on January 10, 2008. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning
Ordinance 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:
a) Provide a truck routing plan and turning template for largest vehicle
type that will be accessing the site and show turnaround of vehicle
on site only using one driveway
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Driveway shall meet City of Milton Commercial Driveway Standards;
driveway design shall be approved by the Director of Public Works
i. Driveway shall intersect perpendicular to Land Road and
extend 100’ at this ninety degree angle
b) One driveway access shall be allowed within 40’ to the East of the
West property line of Tract 1
c) Commercial/heavy vehicle access to the site shall only be from
Hopewell Road
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 14 of 16
U08-001
d) Sight distance shall be provided according to City of Milton
Standards; any improvements to meet this requirement shall be
complete before land disturbance permit
5) To the owner’s agreement to abide by the following:
a) Provide and size a culvert at proposed driveway location; driveway
apron shall be concrete and design shall be approved by the
Director of Public Works.
b) The developer’s Professional Engineer shall demonstrate to the City
by engineering analysis submitted with the LDP application, that the
discharge rate and velocity of the storm water runoff resulting from
the development is restricted to seventy-five percent (75%) of the
pre-development conditions. Locations shall be as approved by the
Stormwater Engineer.
c) The water quality and detention facilities shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
i. Detention facility shall have a six foot high, five-board
equestrian style fence with two inch by four inch welded wire
constructed around it.
d) The Developer shall utilize GASWCC limited application controls. All
water quality and detention facilities shall have vegetated surfaces
to be regularly maintained by the owner.
e) Provide a maximum 75 percent impervious, per drainage basin, at
maximum build-out.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 15 of 16
U08-001
APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Fulton County Health Department:
Comments:
• Since this proposed development constitutes a premise where people work, live or
congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.
• This facility must comply with the Fulton County Clean Indoor Air Ordinance.
• The Fulton County Health Department recommends that this proposed development be
approved, provided the internal plumbing is inspected an adequate for the proposed
use.
• This department is requiring that plans indicating the number and location of outside
refuse containers along with typical details of the pad and approach area for the refuse
containers be submitted for review and approval.
• Plans of this facility must be submitted to this department for review and approval.
Fulton County Tax Assessor:
Property Tax ID#: 22 -5160-0255-070-4, 22 -5160-0255-071-2
Drainage:
Flood Plain: No Flood Plain
City of Milton Fire Marshal:
Comments:
• The proposed landscape business would have a minimal impact on police.
Public Safety:
No Comment.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on March 17, 2008
2/26/2008 Page 16 of 16
U08-001
I" city_-of Milton
13000 Ddelcl Parkway, Suite 107,Milton, Gsorgia 30004'~3
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: February 25,2008
FROM: City Manager
AGENDA ITEM: Approval of a Resolu~ionAmending Resolution No. 08-01 -1 0, a Resolution
Appointing Members to the City of Milton Construction Beard of
Adjustment and Appeals (District 4).
MEETING DATE: Monday March 3,2008,Regular Meeting
BACKGROUND INFOR MA TI0N: (Attach additional pages ifnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER: !$ APPROVED () NOT APPROVED
/
CITY ATTORNEY APPROVAL REQUIRED: ()YES /%NO
CITY ATTORNEY REVEW REQUIRED: I $ YES
APPROVAL BY CITYA77ORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: ~7 3c) 8
REMARKS:
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-03-__
A RESOLUTION AMENDING RESOLUTION NO. 08-01-10, A RESOLUTION
APPOINTING MEMBERS TO THE CITY OF MILTON CONSTRUCTION BOARD
OF ADJUSTMENT AND APPEALS
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
March ____, 2008 at 6:00 p.m. as follows:
SECTION 1. That (To Be Determined) (District 4) is hereby appointed for a term
commencing February ___, 2008 and ending December 31, 2011 and,
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this ____day of March, 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
-City of Milton
13000 Deerfield Parkway, Suite 207,Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: February 25,2008
FROM: City Manager
AGENDA ITEM; Approval of a Resolution Amending Resolution No. 08-02-19, a Resolution
Appointing Members to the City of Milton Bike & Pedestrian Path
Committee (Districts 2 and 4).
MEETING DATE: Monday March 3,2008,Regular Meeting
BACKGROUND INFORMA TION: (Attach addffional pages if necessary)
See attached memorandum
APPROVAL BY ClTY MANAGER: r.9 APPROVED () NOT APPROVED
/"
CITY ATTORNEY APPROVAL REQUIRED:
CITYA77ORNEY REVtEW RE QUIRED: () YES HNO
APPROVAL BY CITY ATTORNEY (3 APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: 0 ;I?ct5cr",
REMARKS:
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-03-__
A RESOLUTION AMENDING RESOLUTION NO. 08-02-19, APPOINTING MEMBERS TO
THE CITY OF MILTON BIKE AND PEDESTRIAN PATH COMMITTEE
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on
March ___, 2008 at 6:00 p.m. as follows:
SECTION 1. That the Mayor, City Council, and Georgia State Representative Jan Jones
nominated individuals to serve on the Bike and Pedestrian Path Committee; and
SECTION 2. (To be Determined)shall be appointed by Councilmember Burt Hewitt, and
(To be Determined)shall be appointed by Councilmember Julie Zahner Bailey; and
SECTION 3. Committee members shall serve terms consistent with the term of the elected
official who nominated them to the committee.
SECTION 4. That this Resolution shall become effective upon its adoption;
SECTION 5. That resolutions in conflict with this resolution are hereby repealed.
RESOLVED this ______day of March 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
4 6/" City of Milton
13000 Deefield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: February 25, 2008
FROM: City Manager
AGENDA ITEM: Approval of a Resolution on Mutual Agreement with Alpharetta regarding
city limits boundary.
MEETING DATE: Monday March 3,2008, Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
I
CITY ATTORNEY APPROVAL REQUIRED: fl YES ;I)No
CIN ATTORNEY REVIEW REQUIRED: (1 YES (AN0
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 03~73I??
REMARKS:
_____________________________
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-03-
A RESOLUTION OF THE CITY COUNCIL OF MILTON ADOPTING COORDINATED
GIS BASED BOUNDARY MAPS WITH THE CITY OF ALPHARETTA IN ORDER TO
ELIMINTATE GAPS AND OVERLAPS ALONG COMMON MUNICIPAL BOUNDARY
LINES.
BE IT RESOLVED BY THE City council of the City of Milton, GA while in regular session on
March_____, 2008 at 6:00 p.m. as follows:
WHEREAS, when the new city of Milton and was established, their boundary descriptions
did not precisely match with the established Alpharetta city limits; and
WHEREAS, GIS technology has identified specific areas of inconsistency along adjoining,
municipal boundaries for Alpharetta, and Milton; and
WHEREAS, these inconsistencies result in gaps and overlaps that cause jurisdictional
problems for public safety personnel and other service delivery providers; and
WHEREAS, most of the gaps and overlaps occur within the public right-of-way or are
technical drafting errors; and
WHEREAS, Staff of the cities of Alpharetta and Milton have agreed to mutually acceptable
resolutions of all of these boundary inconsistencies;
NOW, THEREFORE, BE IT RESLVED, that the City council of the City of Milton does adopt
attachments A which are city limits maps that delineate specific boundaries between Alpharetta
and Milton based on GIS technology.
RESOLVED this______day of March 2008.
Approved:
__________________________
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
Map G~CI
MlltwVAlpharetta Pmpostrd Boundary
0Current Alpharatta Boundary 06 12 1.8
City of MiltonlCity of Alpharetta Boundary Resolution
Rculrln? Dntr 01/1SI?OO$ X IGIS\~peratlomU0O77O563O6B~~nda~NmapiMapPbo~k\C~~~rPa~e~B~W1dardwepnncy mrP
\ells!Photognphy lla fmm Plcdomeby 2007 p\LIPP\"100 0 100 200 Feet
.-- - ;Map Gdd Paml --IMlltonlAlphasetta Proposed Boundary City of Miltonicity of Alpharetta Boundary Resolution
No Text
via
V� +%-•------------mss............... ------------ - '-•---•----••----....._.. - �`'
' QAvewLmn ¢ x.
� .
r
.-___________ __p,____----- -
it
.W
c
............................. .� ._.._...... ..------ ...............
_...�_
. Yy •+ .• ICgq� x�ope�y� a�dcieger� mLl
7 i
d
a
N
• i.
"..*, 1m 0 100 200 Feet I"[\" r.
,---; Map Grid Pard IMlltonlAlph~ttaProposed Boundary City of Miltonicity of Alpharetta Boundary Resolutior
RmsmDate o2M120o8 x ~GlstOparat~orrsWo7~O5~3OOBo~ndarydmap~apPbwk\Eounda'y mxddascnpancy-COM
Sherman 06b Way
Earls ct
Awlrl Phobogtqhy k im Plcmmetry aom l'jPAP3' ,f?,.-.-, 100 0 100 200 Feet :----;MepGrld Pawl m -
0M~lltmlAlpharetta Pmpwed Boundary City of MiItonlCity of Alpharetta Boundary Resolutior
Rmslon Date ~2/C+IZOoa X \Gls\Oparatcona~oo~o5~3OOBaunaaryYmapIUapPbo~U\nUydascrcpancy-COM mxd
. . .... ....... ----------------- - -•--- ------------------------
Irl
m
a
m
a
o
t
a
v
a
Y
4
m
�
F
d
a
.-------
-I
g
1
s / cnas�oKe ❑r
xt
...y
................
-.._....__•___-. -------•-----y ------------- .r........... .-•------
- - - - ------•--.-••------------- - - - -.. ..- - - - - -- - -----..-..--- - -- -- ~- -
• `r d
4 �
m �
. .41
------ If t-
q- ;'^ Freem...iile Rd
:; -
6-
I
i
a
R
----------------------------------
P
cc
V
C
G
m
rn
2
I
A
V
a
y o
Q
' 40 o
a
0
ty y;�i
U-Ij
...... ja All!]Upq:)
R
V
4
"v
� s
�J
a
z
m
a
r
v
CL`
�
x
v
II
-
n
a
-•------ •---------•....................... --------
-
�- Evarsedp� Or � � O
------------------------------------------------ ...------ .. fir.........._[1 C
............................. - -
� m
� L
C.
------ U
c
w
0
U
LL
LL
13+aycunfl c
ry
0
0
0
0
d
v
a
m
a
0
0
m
IE
d
� o
0
0.
r
V-
-----------------------
v
E
5
Q ql
1
i
M�
El
F
o
CL
a g
o -
0.
T
W g
g
�
O
c
U
.:c
m
d
LL
0
N
4
4
0
0
0
iv
a
s�_
c
m
sgd9B 61 �
g
yo
:
?
w
a
----•----- ti a
Re
Proyide��e
f
r _.
1Y
.1 QPM �U i pins
7 m
■ m
w b
# � a
i
1 a o
- -- - -------------- .......................... .......------- ........... g
0
rG r
..rte _____---_L.
C
G
0 s`
�
A
U
LL
LL
C
0
N
4
0
0
o
v
`L
'
IL
1Y
.1 QPM �U i pins
7 m
■ m
w b
# � a
i
1 a o
- -- - -------------- .......................... .......------- ........... g
rq
J13 •auapuoid
-- I
Ao
i - r s.
AlI�u� i• � -.
r�
AK
•dente Sq '� `� ` '�`'
prori � ,
... kit
&
a
�
a
e
�
v
c
m z
� �
P
a
._
U
V
w
a
tt
i
J
]� »Is u�w ysaM
a
a
m
�
n
a
0
�
0
m
o
A
t
Andover DI
North Trce
Yay Or
WPjP '7R
]MiltonlAlpharetta Proposed Boundaty
City of MiltonlCity of Alpharetta Boundary Resolutior
-
Rsvlslon Dale @2MW0CQ X \GISlOperal~onsl2M7~O55305B~nda~"ImaplMapP~o.kIBo~RdaducmpanCy_COM mxe
vy wng000
I
Archmont arca
L_
Ic
YLLI
x
`'-
.._ ...-.•...._.. d' -'--------------------------------- ...............
m
a
a a
O
J
C �
E
3
v E
a
N
N 7
C
2
5
N
vy wng000
I
Archmont arca
L_
Ic
YLLI
x
`'-
.._ ...-.•...._.. d' -'--------------------------------- ...............
m
a
a a
O
--------------• - .... ---•--------•----------->----- ----------------•------- •--- --......
J
c i� ■apead
4r
AWM ipuevy
M 1
1�
b
fC
a
V
t
r � i
------v
Sf
s yy r.. .
.. .. ..
O 0
N
a�
cc
V
0
m
ym
M
s
CL
a
0
0
0
A
Wr
r
�v ,,,�` t SouYntYe�dp�
r [.
q
W-1 PIMAIMO$ EE
� w L
f � n
aiulod Auer
. P..
'%ToM
O
N 0
N y
J
LL. C
a
W
m
----._._..�..
-.... .....---------------------
s
h _ • -- -
-•---•-•-•--•• ..... ..............
.. .....-.......- -. ----+ado--------
_a
Q
..
4�
0
ate'
V
f�
i� ase 40 SOPO4"
C
4.0
U
LL
N I
O
a
W
----._._..�..
-.... .....---------------------
h _ • -- -
-•---•-•-•--•• ..... ..............
.. .....-.......- -. ----+ado--------
..
A
ate'
M 0
----- --..-------- .... ......_-............-- ---- ----- - - - - -- - - - - -- - -- N
LL a
ea
V
. c
0
m
m
CL
a
0
U
c
w
0
T
U
m
d
0
0
4
O
a
\\4
0
0
a
3
o'
a
m
c
o`
e �
Co
CL
z
a
3
Vt
a _
o
------------------
.-.---.- .----....... ..�_ .. --- .... s ,
1
,ell Plantation
. .--
-.-.Q----.\.
'fi141U.7W-S Tala klal.Rsl IDTdlC.d'
Aww Photography Ir Imm Pkinmctry 2007
I {:::::Map Grsd
0MiltonlAiphareHa Prop~sedBoundarj
.."-.---.-.
Parcel
-....-~ --..,
loo o loo
\
200 F~
..-.*-------"".------________________I
MA0 25
City of MiltonlCity of Alpharetta Boundary Resolutior
RP~IEI~Dala ~~8n0.0~8x IGI900cratlonsU007-P5-3OOB~~nd~~nlm~p\Map_boortlsou~wydesrrepancy-COM mrd
J.
Q
{ 4
r
a
'
m
o
n
�
a
-a n
m
{I�
C
D
----------------------•---- — ---• _..__._....-- ........ ....._.._... ......._..... o
- -- ...-• ---- 'Q m
L
rL of
a �
0
_ c g
Q
1 �
•r a �
U
ew"
Ogs� e
a
a
3a` �
S �
c Q
N
4
0
o
0
b
.Y
Z
w
a
m°
a
m
a
n
v
E a
$ m
E �
r
���y'.� •i n a
•------- --...cT- - g
--Iry9 l
A
4
0
o
a
i
S
Y
W
-. _ y l
1 3
as
A
0
T,3
a�3
rr
a
C
3
II7
ys
D
O
n
a
Si❑� ._---.-.. .
0,.
0
a
a�3
rr
a
C
3
II7
�
D
O
n
a
�
� e
a�
a
0
U
w
G
i
w
0
f
U
a
rr
a
C
3
II7
�
D
O
n
a
�
a
W
a
---- --------- - - - - -- - - - - -- -- -- - - - -= -----. ....---...._..._.._
00
b
say
Jp
fS
ti
v
osd� B`
y�,gS N�'7
W----------------_ �y_ of � L• .
R
Z
U
f6
a
m
a
m°
o
�
a
a
�
s
-.. ----- -----....,.,.............
A
City of Milton
13000 Deerfield Parkway, Suite 107,Milton, Georgia 30004
CITY COUNClL AGENDA ITEM
TO: City Council DATE: February 25,2008
FROM: City Manager
AGENDA ITEM: Approval of a ResoIution to approve transmittal of Community Assessment
portion of comp Plan to Atlanta Regional Commission (ARC) and
Department of Community Affairs (DCA).
MEETlNG DATE: Monday March 3,2008, Regular Meeting
BACKGROUND INFORMATION: (Attach addrtional pages if necessary)
See attached memorandum
APPROVALBYC1TYMANAGER: r)APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (I YES P,NO
CIW ATTORNEY REVIEW REQUIRED: (1 YES MNO
APPROVAL BY CITY AnORNEY ()APPROVED ()NOT APPROVED
PLACED ON AGENDA FOR: 03~3~2
REMARKS:
___________________________
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-03-
RESOLUTION REQUESTING THE TRANSMITTAL OF THE DRAFT
COMMUNITY ASSESSMENT AND COMMUNITY PARTICIPATION PROGRAM
TO THE ATLANTA REGIONAL COMMISSION AND THE STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular
Meeting on March ___, 2008 at 6:00 p.m. as follows:
WHEREAS, the City of Milton has completed the draft Community Assessment and
Community Participation Program documents as part of the 20-year Comprehensive Plan
Update; and
WHEREAS, a 16-person Comprehensive Plan Advisory Committee was appointed by
Mayor and City Council to review and assist in the development of the draft Community
Assessment and Community Participation Program; and
WHEREAS, these documents were prepared according to the Standards and Procedures for
Local Comprehensive Planning effective May 1, 2005 and established by the Georgia
Planning Act of 1989, and the required public hearing was held on March 3, 2008.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Milton does
hereby transmit the draft Community Assessment and Community Participation Program
portion of the 20-Year Comprehensive Plan Update to the Atlanta Regional Commission
and the State of Georgia Department of Community Affairs for official review.
RESOLVED this ______ day of March 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
--
A
CityofMilton
'<:3) 13000 Dewfield Padway, Suite 107, Milton, Georgia 30W4
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: February 25, 2008
FROM: City Manager
AGENDA ITEM: Approval of December 2007 Invoice for Legal Fees.
MEETING DATE: Monday March 3,2008,Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER:
CITY ATTORNEY APPROVAL REQ
CITY ATTORNEY REVIEW REQUI
63 APPRO
,'
UIRED:
RED:
VED
()YES
6) YES
() NOT APPROVED
%)NO
NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 0 c -36
REMARKS:
8pCity of Milton ------.'p9 -3 13000 Deerfield Parkway Suite 107G Milton,Georgra 30004
1 .bb*
\
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on February 2othfor March 3, 2008 City Council Meeting
Agenda Item: Approval of December 2007 Invoice for Legal Fees
CMO (Cify Manager's Office) Recommendation:
Approve the payment of legal fees per the attached invoice in the amount of $1 1,468.53.
Background:
The City receives a monthly invoice from Jarrard and Davis for legal services rendered to the
City by Mark Scott, the City's attorney. The invoice also includes other legal support services
rendered by Jarrard & Davis as well as fees incurred due to the use of external legal entities.
Discussion:
The legal invoice is detailed by project and where applicable by department. Each month, staff
will review legal fees associated with the respective projectldepartrnent and the department
director is responsible for approving the hours spent on the project or entering into a dialogue
with the City Attorney regarding dispute of the fees.
Once the legal invoice reaches the City Council agenda, the staff-related projects will be
approved or the invoice will have been adjusted. Council will then be responsible for approving
council-related legal fees.
The following list represents the billed hours needing council approval in order to remit payment
for the December 2007 invoice:
--- -/ Cify of Milton$fi
'Pp1. 13000 Peefield Parkway Surte lOJG Milton, Georgia 30W
3, =-"
'" City of Milton----..---
'P-Al, 3 13000 Deerfield Parkway Sulte 707G Milton, Georg~a30W
k"
Office regarding copies of complaints in Granite State. KH and Action
Outdoor v. Fulton County cases. Review same for purposes of briefing
Fiscal Ernpact:
The budget for legal fees is $7 80,000.Upon payment of this invoice, the total expenditures for
legal fees will be S30,14A .46, leaving a baPance of $149,858.54. With 33.3%of the year billed
for legal services, the expenditures represent 16.7% of budget.
None identified
Concurrent Review:
Joe Lockwood, Mayor Jeanette Marchiafava, CityICourt Clerk
Chris Lagerbloom, Ading City Manager Tom Wilson, Community Development Director
Tami Hanlin, Operations Director Charles Miltican, Interim Public Safety Director
Dan Drake, Public Works Director Lisa Maggart, Communications Manager
A limited Liability F~rinersh!p
105 pileVillage Drive, Suite 200
Cummhg, GA 30040
Phone: 618-455-7150
PAYMENT DUE UPON RECEIPT -THANK YOU!
. CITY OF MILTON
DECEMBER 2007 INVOICE
t~ityof Mlltan -General I 54,183.541
Page 1 of 1
Tarrard & Davis
105 P&-rh Village Drive, Suite 200
Gumming. GA 30040
Phone.678455-7150
Facsidt 678-455-7149
City of Milton
Am Kyle Jones
13000 Meld Parkway
Bd* 100
Alpharetta GA 30004
RC'. Ciy ofMilton -&nd
'Law Firm File # M-0003-1500
FOR PROFESSIONAL SERVICES RENDERED
DATE NM DESClUPTION HOURS mom
12/312007 M3ES Receipt and review of memail.from Council Member Mohrig regarding 0.10 15.00 .
resolution ta reimburse muncil membm for legal fees.
12/5/2007 MES Receipt and review mmiT from Lee Duncan regarding phowgraphs of 0.30 45.00
Black Oak Road right of way. Forward same to Council members fur
consideration of abandonment request.
1216/2007 MES Pqartlon for and attendance at Civ Council meeting.. . 5.20 780.08
Email camespmdence with Mayor Lackwood regding apppohtment 0.10 .15.00
witb Tower Advisory Se~uicxsregarding appointment to meet. '
regmhng wmlting for towers and biUboards.
12/7/2007 rvlES Pwparsmion for 9ml attend training meeting with Civ Council 320 480.00
members-elect Tart md Hewitt on City issues, Ethics Ordinance, and
RoM'sRules of Order.
12/1 WOO7 hlES Meeting with City Manager regarding the Ellack oak ~oa*:fir% f ,30 195.00
abandonment and follou~up telephone calls. Meeting wi~h
Devclopmmt Staff, Dan Drake and Tami Hdin regatding same.
Telephone conference with May OF,Council Members D'Aversa,
Thurman,Lusk md OBrien regding me. Telephone conference
with TRe Duncan regatding same.
City of ,Milton Page 2
City of Milton -Gend
12/1 If2007 MES Meeting with MayorrCity Manager, and Operstions Director regarding 0.70 105.00
current city issues including holidv eveat and resolution regarding
rehhmment of attorney's fees for ethics charges. .
. Telephone conference with Council Member Zdma Bailey regarding 0.20 30.00
zoning application and 12/13.muncilm&g agenda issues .
121212007 MES Telephone confmce and edl correspondence with Chris ' 230' 345.00
h.gert,loom and GomciI Member Zahner Bailey regding public
not ice issue regarding defed rezoning application. Legal research
repding same. Telephone co~lfmcew~thAmey Pana Maine
regirding same. Draft opinion letter to City regding issue.
MES Preparatizm fw and &band meeting with representatives of Tower 1.20 180.00
Acbiso~Seruices, Mayor, aed Ciw Manager regarding biIbd and
cell tower issues and consulting smites.
MI3 M&g with Mayor and ltrterim City Manager regarding cmnt issues 0.60. 90.00
for council meeting on 12/13.
if?
12/23/2007 ?EUIES Telephone conference with Council Member Mohrig m$uding 0.20 30.00
questions about Black Oak Rod abandonment proposal and resolution
to reimburse council members for legal fees for ethics complaints.
MES Ernail cm-mpondencewith Fulton County Attorney Gmy Clark 1.40 210.00
. rcgardingW of hvidcncc Park subdivision discussions. Review
documents fomarded to and from Department ofhvko~mental
Protectinn. Review statutes cited therein. Telephone conference with
Depment retegarding Bmwllf~eldsstatute and possible waiver of
application fee for City. Telephone conference with Council Member
DNversa repding same.
MES Telephone conference with Gomcil Member 2ahner Bailey regardimg
question about pdsting variance on John McMillan zoning
application and dated sewer issues.
MES Telephone conference with Council Member O'Brien regarding ethics 0.20 30.00
questions.
MES Prepdse for and and City ~ounci~.rnketing. 530 870.00
' 12/17/200?~ Email oornapondeooswith Ccrurxcil l+embers Lurk and IYAvma 45 .OOMES 0.30
regardhg prim night's meeting issues,
12D012007 MES Email mspondence with Council Mder DAversa regarding draft 0.20 30.00
resolution lo change meeting limes and review draft of same.
City of Milton Page 3
City of Milton -&end
12/21/2007 MI3 Draft ordinance to szt 2008 m&g timw. Rcvicw draft resolutim 1.40 210.00
regarding same from Council Mernk D'Aversa Review City Charter
re-ding charter requirement for same. bail correspondetlce to
Mayor and Council Member D'Aversa transmitting draft ordinance,
12/26/2007 MES Review email comspondmce &om John Cmll tn City Comcil 0.20 30.00
members regarding biIIboasd issues and pvide response to his
su~gestionregarding possible taxing of billboards.
12/27/2007 MES Review d revise opinion letter to city manage^ &gadkg possible 0.30 45.00
ethics issws mised by TmChambers.
MI35 Email comwondence with Council Member WAversa and Mayor 020 30.00
regarding scheduling and fine tuning of meting scheduling ordinance
and Providence Park resoldon.
MES EmaiI correspo~dence'with Depury Seem of State Rob Sims 0-60 90.00
regarding status of dce mark application. Review voicemaiI
message from Tdmarks office indicating that service mark has been
granted. Ih& email to mayor, council and staff to relay same.
12/28/2007 MES Review and revise draft dinance.&g meeting times for 2008 and
res~luti~n
reganling Providence Park. Email correspondence with
Mayor and Council Members D'Aversa and Zahner Bailey regardbg
sme.
ME5 Reliew Secrekny of,Statewebsite to confirm granting of sewice mark.
Email correspondence with Mayor, Council, and Mtraasmitthg
Secretary of State's website search results showing Cily service mark.
Review reply comspondentse from Council Member Lusk
acknowledging same.
MES Receipt and review of additional mail mspondence regarding Tam
Chambm'raising of nan-ccrgnizable ethics issues. Telephone
conference with Mayor md Chris Eagerbloom regarding same.
Total For Wces
DEBrnErnS:
12J4l2007 Westlaw Research
12/6/2007 Westlaw Research'
127t2007 Westlaw IRESearch
City of Milton Page 4
C'ity of Milton -.General
' Balance Due
Tarrard & Davis
105 Pilgrim ViUq Drive,Suite 200
Gumming, GA 30040
Phone 678-455-7150
Facsimi1e 678455-7149
City of Mton .
Am: Kyle Jones
13000 Decrfitld Parkway
Build-hg 100
Alpharetb GA 30004
Re: Ethics Board'
Law Pirm File # M-6017-1500
FOR PROFESSIONAL SERVICES REND-
SEPMCES:
1U3D007 MES Receipt and revim of l&r Ito ethics board ern Comcl Member 0.20 30.00
Zahner Bailey.
KEJ Meeting with attorney Mark Scott rtgmding city of Milton ethics
issues,
12/5/2007 hES Telephone confmce with City Clerk Jeanette Marcbiafava m&h 0.50 75.00
whdcs to appear at Ethics Board meeting tonight. Telephone
conference with Chris Lagerbloom and Ethics Chair Clmt Sohson
regarding appearing at meeting as par1imentarian. Conference with
Atrorney Ken Jamd regarding same.
I 2/14/2007 MES Email correspondence and telephone conversations with deputy cIerk 0.60 90.00
Evyome Browning r-bg documents responsive to Carol Lane's TWOpen Records Requtm in prepmtim for &ics hearing.
12/17/2007 Mf33 Pvticm for and attend ethics board hdg on McMilIim Complaint 5.20 780.00
against Carol he.
12/20/2007 MES Receipt and review of mail from City Clerk regarding draft agenda for 0.1 0 15.00
1221 ethics hearing. spt"
MES Email comspondence with Myles &&wood regarding stipulatingto 0.10 15.00
authentic* of documents for &cs hearing.
Cily of Milton Page . 2
Ethics Board
. .
.12/21/2007 MES Preparation for ad attendance at'continuedMilton Ethics Board 3.20 480.00
hearing .on complaint against Carol ,Lane. . . , . ,
. 1?27/2007 MES ~ilephone.eonferlnce and email corrtsP&dence with Ethics Board: , . 1-60 .240.00
.. . member Sus;afl Campbell regarding proposal to amend ethics ordinmce.
, . . Review'ethicsordinance to besin drafting amendment Telephone , .
conference with Council MeIIIbeis Lwk and Thunnan regarding'same. . . .
Email correspondence with Council Meinber Mohrig regding same.
. DraR email to all -membersof ethics hoard, mayor ma council . .
. regarding proposal to amend ethics ordinance.
Total PmServices
DISBURSEMENTS: .'
12/17/2007 'westlawResearch
, .. .. . . Disbursements Total
. Balance Doe
Tarrard & Davis .
105 Pigrim Village Drive. Suite-2W
CdgJGA 3W6
Phone 6784557150
Facsimile 678455-7144
City ofMilton ,
Attn: Kyle ~6nes
13000 Dedeld Parkway
Building 160 .
Aiphasetta GA 30004
Re: Comunitv bevelmegt D-mt
Law Firm File # M-DO 15-1630
FOR PROFESSIONAL SERVICES RIENDEED
-DATE NAME-DESCRIPTIQET HOURS AMOW
J
-. 12/3/2007 MES Reaeipt and review of email ilomspndence~bekveencouncil member@ 0.50 15.00
s .. . and Design Review Board members regarding sqe of their review.
. .
. 12/4/2007 MES PrrpPration for and aftmdana at pations of hipReview Board 24 3.70 ' 555.00
Meeting. Telephone conversmttions and ernail correspondmce with
Community Development Staff regarding Board issues 1
12/5/2007-MES Receipt and review ofmap hm Geographic lafurmation Services
detailing location olf proposed billbod locations resulting from
possible settIement of billbod cases by Fulton County.
45.00
MES Re'view email correspondence between Council Mmk Zahner Bailey
and Ted Offreer ofFhase 4 Six Ells developer. Email camspondace
with Council Member Z&nm Bailey and Counsel for developer
regarding ex pwte communications.
mS Continue drafting memo of law in support of motion to hhmene.
Telephone cefiversatiom with Cordmissioner Riley's ooffice, JoIms
Creek Mayor Brxlker, Johns Cmk attorneys Bill Riley and Cecil
McLendun regarding status of filiag and action %&enby County
Commissioners. Telephone conference with City Manager md
Community Development Staff advising of same.
124612007 ME$.Receipt and review of email fimn Ham&fami& -ding
Barn.
Yomg Life
Civ of Miltan Page 2
Cornmunip DevdqmeM Department ,
L
lZJ6f2007 MES Email corrtspondtlrce witb Attorney Dick Wilson regarding Nadler 30.00
~r9perty-
. >
MES Receipt and review of email fmm Tom Wilson n&rding ~csi~ 30,00 .
Review Board "Statement of Purpose"and pIans.fmresponse
1211012007 ME9 Recefpt and review of emails km neighbarf in Saddlesprings 30.00
subdivision regarding Yomg Life barn-
12J13J2007 ME$ Telepbne conference with John McMinan regarding question!?QJIhis 0.20 30.00
rezoning application.
MES Meeting wi& hbyn MacDonald regarding variance questions on Job 0.60 90.00
McMillan property.
\
12117P2007 ME$ Ernail correspondence with Attorney Dick Wilson regarding status of @ 0.20 30.00
dismissal of Nadler appeal fiom municipa! murk . . . .
'MES Email ~~~ndenw 4 0'20 30.00with Attorney Dick Wilson mgarditzg status bf
-. . Nadler isme and whether City will drop citation.
I
12/19f2007 MES Meecting with Commtrniry Development Staff regarding current issues. 0.60 90.00
MES Ernail correspondence with Kelly Hundey regarding filing of mmdr:d 30.00
complbt by Phase Fdur Six Hills. k
. . M€9 Email comspondencewith Dick Wilson feg.andiag Nadler matter. 15.00
Fulton County has not yet received frle.
' Total For !kvids
12/5/2007 Postage
Balance Due
Tarrard & Davis
105 Pilgrim Village Drive, 5th200
. -Gumming, GA 30040
Phone 678455-7150 .
Fwde 6784557149
City of Milton
Am: Kyle Jones
'13000Deerfield Parkway
Building 100 .
Alphetta GA 3 0004
Re: Fuiton COW Billboard Litigation
Law Finn File # M-0022-163 0
FOR PROFESSIONAL SERTrlCES RENDERED
SERVICES: , .
DATE HAME DESC~OH'
-....-, ,. -.
P21412007 MES Telephone conference with Johns Creek City Attorney Bill Riley
. *garding likelihood that'Co Commissionm will approve
* settlement of bilIboard cases ecessitate intenerrtion. Telephone
conference with Chris Lagerb 5and Tom Wilson regarding same.
Telephone mmfmce and mail comspondmce with Mayor md each
Council member advising of need to authorize intevention in case and
begin draRing pleadings and obtain unanimous authorization.. Email
. . . . and telephone cmversations with additional city attorneys-and county
attorney regarding same issues.
12/6/2007 ME3 ']Email cormspondence with Gerry Clark and hltofi Cowty Att:ome3r(s
Office regarding copies of mmplaiats in Grade State;.KI-Zand Action
Outdoor v.FuIhn Cnurrty cases. Review same for purposes of briefing
City Comcil atld drafting mation to intervene.
MES X)taft resoIuoion to whence litig&ion m dmto intervene in Fulton
Caunty Billboard cgses ad transmit:to Mayor and Council. Review
email from Council Member D'Ave~58in response. .
MES Email eomspondedct: with City Manager and Lisa Maggad mgadng '
press ae'le on Billboard litigation.
L .
HOURS AMOUNT
3.20 480.00
1.60 240,OO
0.80 120.00
0.20 30.00
.-,.'. -.---'. . .-
. . -.
City of Milton
Fulton County illb board Litigation .
12/7/2007 MES Continue legal research and &aftIng of motion to intervent:and
complaint for injuntti~erelief and declaratory judgment. Telephone
c~nversaticrnsand multiple emails ,y&h County Attome Clark and
Cornmissloner Riley regardiig same.
12/10L2007 WS Finalize dTafting md Prep&~timof motion tn inte&ene and proposed
complaint for injunction and deemjudgment. ware .
. verification and meet with mayor and for sipatme and
notarizing. Filswith Fdton County Supmior Court Clerk. Rwiew
mails forwarded by mayor from attorney .Ton McPhail ~eg-g
posture of case and reply to McPhail. hfi letters to counsel serving
.them with motion to intervene.
12/17/2007. MES Telephone ccsdeneme witb Aaomey Scott Pem regarding whether we
can discuss possible sefdement of Pdmn County billbud litigation.
1212012007 MES Meetigg with Attorney Scott Peters and Mayor Lioclolvood repdixlg
pmpsal to-settle billboard litigation. &a
Review wncspondan~fkm Carlor Milchia of Tower Advisory
service repding propod. Review email from Commissionh Riley
regarding whether mun~yrequired capies of leases for billboard sites.
12/21/2007'MES.Receipt and review of mail from Commissionw Riley ~gdig
Fulm County Billboard Wigation and infarmation on whether leases
have been pmcufed for proposed sites,
Total Far ~eds
12/6/2007 Westlaw Research
12/7/2007 Westlaw &earcb
12/10!2007 Postage
Westlaw Resmh
12/13/2007Postage
Page 2
OTY
1 13,16
1 15.06
1 2.30
City of Milton Page 3
Fulto~County Billboard Litigation
Tarrard & Davis
J
A =red Liability Partnership . .,-. . 10S'PwVillage Drive, S& 200-.. .
Cumdug, GA 30040 . .
. . . .-, . Phone 678455-71.50
Facsimile 6784557149
.. .
CityofhUton ,
Atm: Kyle 'Jones ..
1.3000 DeerEield Parlcway .
Building 100
Alphem GA 300.04. :
Law Firm File # hd-0020-1630
. . . FOR PROFESSIONAL SERWCES JENDERED
. ' SERVICIES: . .
, 12/19/2007 MEs Emil mmspondence with Gsry schlenke and review responses 0.30-45.00
. _. ... , . Planning Commission members regarding recusal.
. .
Total For Services
Balance Dne
- -
Tarrard & Davis,
V A r-imirpd Liability Parmcmbp
. . . . ,, . '105,PilgrimVillage Drive, Suife 200
cu+mipgr:5;&.2pyo .:.... ,. .:-I-.. . : . -. ........
Phone 6784557150'
. Facsimile 678455-7149 "
City of Milton
. Am: Kyle Jones
13000.Deerfield ;Parkway
Ruildhg 100 . .
. Alphmtta GA 30004
Ke: .PublicSafety -Generat
, . .i..
. . ' Uw.FhFile # M-0610-2410
FOR PROFESSIONAL SWVICES RENDERED
...
-DATE . NAME DESC'R~P~ON HOURS AMOUNT
. .
12/19/2007. MES Meeting with Chris Lagerbloom re-@ding public safety pmat 0.70 105.00
. .Le\vis Brendle;
. _.
. 12/21/2007:MES DraA volut~tteragreement with Lewis Brendle for services to public.& 1.40 210.00
safety department. Email exchange with Chris Lagerblom,regardin
comments and suggestions. . . -'4
Total For Services
...
Balance Due
.. :.-...-..... ,'.
- -
Tarrard & Davis
105 Pigrim KLgc Drive, Suite 200
Ctmmkg,GA 30040
Phone 678455-7150
Facsde 678-4557 149
City of:Miltan
Attn: Kyle:Jones
13000 Deerfield Parkway
Bvilditng 100'
Alphetta GA 30004
Re: Baker v. Citv of Milton -
LawFirmFile# M-0019-3150
FOR PROFESSIONAL SERVICES RENDERED
SERVICES:
' ' ' DATE NAME DESCRIPTION HOW AhdOWT
12/3/2007 MES Email correspondence with Attorney Kelly Hundley regarding choice 0.20 30.00
of mediator and scheduling of mediation.
7
- 121442007 * MES Continued email comq~ondencewith Aamey Kelly Hundley /$)J . 0.20 30.00
rqpdng choice of mediator and scheduling of mediation.
12/6/2007 MES Emajl correspondence and telephone conver~~tion 60.00with with Attorney & 0.40
Kelly Hundley regarding mediation and contents of b~efin opposition
to petition for appeal of Board of Zoning Appeals decision.
\
12/11/2007 MES Emil correspondence with Kelly Hundley and Tom Vlrilson regarding 45.00
mediation and wherher to grant certificate of occupancy. Telephone
-conference ivith Tm Wilson regarding same. 1
12/14/2007 ME3 Email mmspondence with Attorney Kelly Hundley regarding Baker 30.00
case issues and possible mandamus don for certificate of occupancy.
Total For services 1.30 $195.06
- -
Tarrard & Davis .
105 Pilgrim Y dhgDrive, Suite 200
Cbg, GA 3 m
Phone 678-455-7150
Facsimile 6784557149 .
. City ofMilton
Attn: Kyle Jones '
13000 Dem5e3.d Parkway
Buildbg 100
Alpharetta GA 30004.
Re:hbIicWorks .'
Law Firm File # M-0004-3150
FOR PROFESSION& SERVICES RENDERED
SERWCES:
DATE NAME DESClXlITlON HOW AMOUNT
\
1WDOOT MES Brief meeting with and review mail hm Jimmy Sanders regarding 4 0.30 45-00
Black Oak Rod and miew plan provided by Lee Duncan.
12/11/2007 ME5 MePlring with Mayw, City Maqer, Opedons Director and Fublic\\, 1.80 270,OO
Works director ~egadhgBlack Oak Road abandonment ancF related l i
issues. Teiephone conference with )Lee Dmm regarding same.
Review emails ftom Lee Duncan regarding me. Telcphoac
. rjonfmnces with Council Members Eahner Bailey, Lwk, Mohrig and
Thurman regatding stam of ssme.
. 12/19/2007 mS Exnail c;orrespndence and brief coderenw with Jimmy Sanders 0.30. -45 -00
regarding Arhsbrooke. Farms-sidewalk easement and Dan Drake-\regarding same. L-
Total Pm Services
121112007 Wdw Research
2
~.
City of Milton Page
Public Works
Bahnce Dee
ity of Milton
1W0 Peefield Parkway, Suite 207, Milton, Georgia 30004
CIW COUNCIL AGENDA ITEM
TO: City Council DATE: February 25,2008
FROM: City Manager
AGENDA ITEM: Approval of a Resolution to create the Milton Disability Awareness '
Committee, to Provide for the possible Appointment of Certain Committee
Members to Enforcement Positions, and for other purposes as designated
herexn.
MEETING DATE: Monday March 3.2008,Regular Meeting
BACKGROUND JNFORMA T/ON:(Attach addrtronai pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: '6)APPROVED () NOTAPPROVED
i \
CITY ATTORNEY APPROVAL REQUIRED: ()YES $NO
CINA770RNEY REVEW REQUIRED: 0 YES
APPROVAL BY CITY AJTORNEY {) APPROVED () NOT APPROVED
PLACED ON AGENDn FOR c -3 7,s
Glmrm-"(
REMARKS: &ry A-VQWL~
&s m *rm
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-
A RESOLUTION TO CREATE THE MILTON DISABILITY AWARENESS
COMMITTEE, THE MILTON DISABILITY AWARENESS COMMITTEE BOARD, TO
PROVIDE FOR THE POSSIBLE APPOINTMENT OF CERTAIN COMMITTEE
MEMBERS TO ENFORCEMENT POSITIONS, AND FOR OTHER PURPOSES AS
DESIGNATED HERIN
WHEREAS, the City of Milton would like to include persons of all abilities in every
aspect of community life; and
WHEREAS,the City of Milton would like to promote the inclusion of persons of all ability
levels through education, advocacy, and influence on public policy.
WHEREAS,the City of Milton formed a citizens committee in April 2007 for the purpose
of recommending the action for the city with regard to persons with disabilities; and
WHEREAS,the City of Milton Disability Awareness citizens committee is hereby named
the Milton Disability Awareness Committee (MDAC); and
WHEREAS, MDAC governance shall be provided by a Board comprised of seven
members of the community, each having experience and/or expertise with persons with
various disabilities.
WHEREAS, the MDAC Board shall elect a chairman and vice-chairman by majority
vote;
WHEREAS, the MDAC Board may establish and appoint representatives to as many
committees and sub-committees as are determined by the Board to be necessary for
the mission of the MDAC to be accomplished;
WHEREAS, in addition, the MDAC Board shall authorize and provide for volunteers to
fulfill the functions of the MDAC, with said volunteers being full MDAC members, it
being understood that all MDAC members will be volunteers;
WHEREAS, that the City of Milton believes it in the best interest of the public for those
qualified MDAC members satisfying the statutory requirements of O.C.G.A. § 40-6-228
to be empowered by the City of Milton Public Safety Director to enforce the Parking Law
for Persons with Disabilities Act, at O.C.G.A. § 40-6-220; and,
WHEREAS, staff of the City of Milton will attend the meetings of the MDAC Board but
shall hold no official capacity of the committee; and
WHEREAS, the mission of the MDAC shall be “The mission of the Milton Disabilities
Awareness Committee is to promote the inclusion of persons of all abilities in every
aspect of community life through education, advocacy, and influence on public policy.”
And,
WHEREAS, the logo for the Milton Disability Awareness Committee shall be:
Comment [atc1]:If at all possible, I
would strongly urge a change here to read
more like this: various disabilities and,
The current read may imply to some
separate communities and also limits our
committee.
Comment [atc2]:Chg. to Disability
[As approved by majority vote of the committee]
WHEREAS, all members of the MDAC shall reside in the City of Milton and be at least
21 years of age; and
WHEREAS, each person nominated to the MDAC Board shall hold office for a period of
two years or until such time as they are no longer able to participate in the committee;
and
WHEREAS, each person serving on the MDAC Board may be removed from the
committee for cause by a majority vote of the committee; which, for purposes of this
Resolution shall mean (1) malfeasance or misfeasance in carrying out official functions,
(2) unwillingness to carry out official functions, (3) unreasonable number of absences
from meetings and/or official events, and (4) any other act or omission that would lead a
reasonable person to conclude the committee member is unfit for continued service on
the committee; and
WHEREAS, the MDAC Board shall meet at regular intervals to perform the tasks and
duties of recommending actions to the city staff and city council; and,
WHEREAS, each member of the MDAC, including MDAC Board members, shall
undertake their respective duties in a volunteer capacity and not be compensated for
any time or expenses associated with any assignment or function received by the
MDAC Board; and
WHEREAS, should any member of the MDAC Board be unable to fulfill their duties, the
Board shall nominate a new member to be confirmed by a majority vote of the Board.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON,GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY
COUNCIL, that:
By passage of this resolution, the City of Milton Mayor and the City Council hereby
create the Milton Disability Awareness Committee (“MDAC”), with a Board comprised of
seven individuals, to serve as the official citizen’s committee to the City of Milton; and,
BE IT FURTHER RESOLVED that the members of the MDAC Board shall be:
Original MDAC Members
Ann Coggins, chairman
Laura Basham, co-chairman
Marcia O'Shaughnessy
Olga Espinola
Renee Catanzaro
Gary Arnold
Neal O'brien
Advisory
Mark Johnson (nonvoting member)
BE IT FURTHER RESOLVED, that qualifications for serving on the MDAC Board, the
rules and regulations for Board membership, officers, removal, term limits,
disqualification, and volunteer status shall be as set forth in the preamble to this
Resolution;
BE IT FURTHER RESOLVED, that the MDAC logo shall be as depicted in the
preamble to this Resolution;
BE IT FURTHER RESOLVED that the Milton Public Safety Director shall appoint any
member of the Milton Disability Awareness Committee that meets the statutory
requirements in O.C.G.A. § 40-6-228, to wit: that the member is a Permanently
Disabled Person as defined in O.C.G.A. § 40-6-221(5), to enforce the provisions of the
Parking Law for Persons with Disabilities Act at O.C.G.A. § 40-6-220, et.seq., subject
to all rights, obligations and limitations set forth within the Act.
RESOLVED this 3rd day of March, 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)