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HomeMy WebLinkAbout05-19-08 Packet CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, May 19, 2008 Regular Council Meeting Agenda 6:00 PM INVOCATION – Tass Welch, Community Minister, Community of Christ 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Cogburn Woods - Kim Sigsbee’s 3rd Grade students) (Agenda Item No. 08-577) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 08-578) 1. Approval of the April 21, 2008 Work Session Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-579) 2. Approval of the April 28, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-580) 3. Approval of the May 5, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-581) 4. Approval of the Financial Statements for the period ending April 2008. (Stacey Inglis, Finance Manager) Page 1 of 3 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 MAY 19, 2008 – 6:00 PM Page 2 of 3 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. 7) REPORTS AND PRESENTATIONS 1. Memorial Day Proclamation. (Presented by Councilmember Bill Lusk) 2. Peace Officers’ Memorial Day Proclamation. (Presented by Mayor Joe Lockwood) 3. Public Works Week Proclamation. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION (Agenda Item No. 08-582) 1. Approval of an Ordinance Amending Chapter 15, Health and Public Safety, Article 2, as it pertains to the regulations involving firearms and components of firearms, of the Code of the Ordinances of the City of Milton, Georgia. (Presented by Chris Lagerbloom, Public Safety Director and Angie Davis, City Attorney) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Approval of Alcohol Beverage Application for Lotty & Lotta Market, LLC d/b/a Nahm Thai Cuisine at 5310 Windward Pkwy, Suite C. Applicant is Ngamta Thong Young for Consumption on Premises –Distilled Spirits. (Presented by Stacey Inglis, Finance Manager) END OF PUBLIC HEARING 10) ZONING AGENDA (Agenda Item No. 08-574) 1. ZM08-02 – Southside of Cumming Hwy (West of Sunfish Bend); Petitioner: El Mina Inc. Request: To modify condition 2.a. of RZ03-140 to modify the site plan. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08-574) 2. LU08-01 - Focus Fulton 2025 Future Land Use Plan and Map Amendment – 25888 Hopewell Road. (Presented by Tom Wilson, Community Development Director) 11) UNFINISHED BUSINESS (none at this time) MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 19, 2008 – 6:00 PM Page 3 of 3 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. 12) NEW BUSINESS (Agenda Item No. 08-583) 1. Approval of a Resolution Appointing a Citizen’s Participation Group for potential revision to the Milton Tree Preservation Ordinance and Administrative Guidelines. (Presented by Tom Wilson, Community Development Director) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 15) EXECUTIVE SESSION (If needed) (Agenda Item No. 08-584) 16) ADJOURNMENT The minutes will be Provided electronically Memo To: The Honorable Mayor and City Councilmembers From: Stacey Inglis, Finance Manager CC: Chris Lagerbloom, Interim City Manager Dan Drake, Public Works Director Tami Hanlin, Program Director Jeanette Marchiafava, City/Court Cleric Charles Millican, Interim Public Safety Director Tom Wilson, Community Development Director Date: 5!812008 Re: Financial Status Report for Period 7 —April 2998 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund As of the close of period 7, April 2008, the revenue collections are coming in at a rate that is 6.73% less than expected and expenditures are 16.27% less than expected. We should be receiving the bills for the City Hall lease very soon. This will greatly affect the variance percentage for expenditures to bring it more in line with the expected totals. We are continuing to monitor the revenues very closely. For those revenue streams that are affected by economic conditions, we are working on budget adjustments to get them closer to the current trends. Capital Project Fund Expenditures within this fund continue to occur on a project -by -project basis. With a total project expenditure budget of $1,919,762, capital expenditures -to -date total $159,871. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $0 Sidewalk Replacement Fund: Balance: $47,011 City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2008 Original Variance with Budgeted Final Current Period Year -to -Date Final Budget - Amounts Budgeted Amounts Actuals Actuals Positive (Negative) REVENUES Charges for Service Hast Fees $ 187,000 $ 187,000 $ - $ 104,526 $ (82,474) Solid Waste Fees 66,000 66,000 3,755 21,137 (44,863) Sidewalk Replacement Account - - 11,450 47,011 47,011 Total revenues 253,000 $ 253,000 $ 15,205 $ 172,674 $ (80,326) EXPENDITURES Capital outlay Unallocated: 10,000 $ 10,000 $ - $ - $ 10,000 Public Safety 173,752 173,752 1,760 114,431 59,321 Community Services - Public Works 1,842,289 1,842,289 990 1,787 1,840,502 Community Services - Recreation & Parks 129,434 120,434 4,441 5,751 114,683 Community Development 259,021 259,021 16,041 37,902 221,119 Total Capital Outlay $ 2,405,496 $ 2,405,496 $ 23,232 $ 159,871 $ 2,245,625 Excess of revenues over expenditures (2,152,496) (2,152,496) (8,027) 12,802 2,165,298 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 1,556,762 $ 1,556,762 $ 129,730 $ 908,111 $ (848,651) Budgeted Fund Balance 595,734 595,734 - - (595,734) Total other financing sources and uses 2,152,496 2,152,496 129,730 908,111 (1,244,385) Net change in fund balances - - 121,703 920,913 920,913 Fund balances - beginning - 520,124 524,124 Fund balances - ending $ $ $ 1,441,037 $ 1,441.037 The accompanying notes to the financial statements are an integral part of this statement. City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2008 Original Original & Final Budgeted Budgeted Current Period Project -to -Date Amounts Amounts Actuals Actuals REVENUES Intergovernmental Revenues State -Capital -Direct Grant Contributions & Donations Total revenues EXPENDITURES Capital Outlay Unallocated Public Safety Community Services - Public Works Community Services - Recreation & Parks Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Budgeted Fund Balance Total other financing sources and uses Net change in fund balances Fund balances - beginning Fund balances - ending $ 793,248 $ 793,248 $ $ 793,248 $ 793,248 $ - $ - $ 50,000 $ 50,000 S 50,600 $ 97,892 97,892 281,000 281,000 70,000 70,000 $ 500,000 $ 500,000 _ $ 998,892 $ 998,892 $ $ (205,644) $ (205,644) $ 150,000 $ 150,000 $ $ 55,644 55,644 T $ 205,644 $ 205,644 $ The accompanying notes to the financial statements are an integral part of this statement. Variance with Final Budget - Positive (Negative) $ $ (793,248) $ $ (793,248) - $ - $ 50,000 - - 97,892 385 280,615 - 70,000 - 500,000 $ 385 $ 998,507 (385) 205,259 $ - $ (150,000) 55,644 $ $ (150,000) (385) (385) $ (385) $ (385) City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2008 Original Final Variance with Budget Budgeted Current Period Project -to -Date Final Budget - Amounts Amounts Actuals Actuals Positive (Negative) REVENUES Intergovernmental Revenues State Grant -Operating Cat -Indirect $ 119,205 $ 119,205 S Total revenues (119205) 119,205 $ 119,205 $ EXPENDITURES - $ 142,800 $ 19,000 Current: 142,800 _ (19,000) 23, 595 Community Development $ 19,000 $ 99,000 $ Public Safety $ 142,800 $ 142,800 $ Total Expenditures $ 161,800 $ 151,800 $ Excess of revenues over expenditures (42,595) [42,595] _ OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 27,345 $ 27,345 $ Budgeted Fund Balance 15,250 15,250 _ Total other financing sources and uses $ 42,595 $ 42,595 5 Net change in fund balances - - Fund balances - beginning - Fund balances - ending $ $ The accompanying notes to the financial statements are an integral part of this statement. - $ - $ (119,205) $ - $ (119205) $ 19,000 5 $ - $ 142,800 $ 19,000 $ 142,800 _ (19,000) 23, 595 $ - $ (27,345) - - (15,250) $ - $ (277345) (19,000) (19,000) $ (19,000) $ (19,000) City of Milton Hotel/Motel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2008 REVENUES Taxes Hotel/Motel Taxes Total revenues OTHER FINANCING SOURCES (USES) Transfers out to General Fund Total other financing sources and uses Net change in fund balances Fund balances - beginning Fund balances - ending Original Final Variance with Budget Budgeted Current Period Year -to -Date Final Budget - Amounts Amounts Actuals Actuals Positive (Negative) $ 52,000 $ 52,000 $ 9,463 $ 28,734 $ (23,266) 52,000 $ 52,000 $ 9,463 $ 28,734 $ (23,266) (52,000) $ (52,000( $ (9,463) $ (28.734) $ 23,265 $ (52,000) $ (52,000) $ (9,463) $ (28.734) $ 23,266 The accompanying notes to the financial statements are an integral part of this statement. 5 L w v c R 7 a R 01 m N v C R W m o C N L � [Oj C c 1.3 a w a) a a R L v ❑ N V W V i7 m a N d m a � m CL LL W m m a m 0 C E r� h m 0 C e e e v e d N M r m b b @ V m r m r u7 M p W M1 0 0 u7 d M Q W V M Q d N Ln M1� M m (D CD o N M r O u7 0 r N Ln O p O O r ni C] L() VC:)M C) t7 a r I? 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N m m d L ❑ N a w W L C O C d CO et{ ol wLD N ❑ S F_" 0 m E O R C U N LL m @ N ❑ ❑ (D W O L C '� N ~ m F m c= b 4 Z = 0 O t� an _ w = a -� y C a LLE a L '« 2 N �, pt N m a H F U E E O W '� hp- W > o 3 d Q c a) L d = c� v ❑ 71 m 0 to ❑ LL U a Q N h m a m m c IfJ a m m .. m a m c g U U � O Ll a ._ G ❑ n E E❑ '= a z c c LLI= x d m Q nE n o s X m D 0 N _ F -❑ rte] ii E U O W C7 a 0 U W ❑ r u H = LL LL WHEREAS, Memorial Day was first officially proclaimed on May 5, 1968 by General John Logan in his General Order Number 11, and in 1968, by act of Congress, it was determined that the holiday would be observed on the last Monday in May; and WHEREAS, from the opening battles of the American Revolution through the turmoil of the Civil War, to World War I, World War II, Korea, and Vietnam, to the Persian Gulf and today’s operations in the war on terror in Afghanistan, Iraq, and around the world, the members of our military have built a tradition of honorable and faithful service. As we observe Memorial Day, we remember the more than one million Americans who have died to preserve our freedom, the more than 140,000 citizens who were prisoners of war, and all those who were declared missing in action. We also honor our veterans for their dedication to America and their sacrifice; and WHEREAS, we have honor and privilege of living in a free country, and Georgia has a rich history of great leaders who died fighting for our great nation. Today, all who wear the uniform of the United States are serving at a crucial hour in history, and each has answered a great call to serve our Nation on the front lines of freedom. Let us pray for the safety and strength of our troops and for God’s blessing on them and their families, and for those who have lost loved ones; and WHEREAS, on this Memorial Day, we honor our fallen soldiers, and their commitment to our country, and their legacy of patriotism and sacrifices of many men and women who answered the nation’s call to duty and fought with honor and valor and, in the end, gave the ultimate sacrifice to safeguard the rights of all Americans; and WHEREAS, by giving their lives in the cause of freedom, these heroes have protected and inspired all Americans and we are truly grateful for the sacrifice; and WHEREAS, the citizens of Milton join with people across the nation in remembrance of those who died while courageously serving their country during war. NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, do hereby recognize and proclaim Monday, May 26, 2008, as Memorial Day in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and the Seal of the City of Milton, Georgia on this 19th day of May, 2008. _______________________ Joe Lockwood, Mayor WHEREAS, The Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS, the members of the law enforcement agency of the City of Milton play an essential role in safeguarding the rights and freedoms of the City of Milton; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of the law enforcement agency, and that members of our law enforcement agency recognizes their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the law enforcement agency of the City of Milton unceasingly provide a vital public service; NOW, THREFORE, We, the mayor and City Council of the City of Milton, call upon all citizens of the City of Milton and upon all patriotic, civic and educational organizations to observe the week of May 11, 2008, as Police Week and appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of the City of Milton to observe May 15, as Peace Officers’ Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Given under my hand and the Seal of the City of Milton, Georgia on this 19th day of May, 2008. ________________________ Joe Lockwood, Mayor WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as stormwater systems, streets and highways, sidewalk, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform, NOW, THEREFORE, we, the Mayor and the Council of the City of Milton, do hereby proclaim the week of May 18 – 24, 2008 as “National Public Works Week” in the City of Milton, and we call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and Seal of the City of Milton this 19th day of May, 2008. Joe Lockwood, Mayor STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MILTON, GEORGIA, HEALTH AND PUBLIC SAFETY ORDINANCE, CHAPTER 15, ARTICLE 2, AS IT PERTAINS TO THE REGULATIONS INVOLVING FIREARMS AND COMPONENTS OF FIREARMS THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on the ____ day of June, 2008 at 6:00 p.m. as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November, 1982, and effective July 1, 1983, in Article IX, Section II, Paragraph II thereof, and general state law, codified at O.C.G.A. § 36-35-3, provide that the city council of the city may adopt clearly reasonable ordinances to govern its affairs; and WHEREAS, the city council of the City of Milton adopted and approved the amended Health and Public Safety ordinance (the “Ordinance”) on March 17, 2008; and WHEREAS, said Ordinance, among other things, regulates the possession of firearms and ammunition during an emergency; and WHEREAS, O.C.G.A. § 16-11-173(b)(1) expressly preempts counties and cities from regulating the possession of firearms or components of firearms; and WHEREAS, a recent decision by the Georgia Court of Appeals in Guncarry.Org, Inc. v. Coweta County, Georgia, 288 Ga.App. 748, 655 S.E.2d 346, affirms the state’s right to expressly preempt local ordinances pertaining to the possession of firearms or components of firearms; and 1 WHEREAS, the city council feels it is prudent to amend Chapter 15, Article 2, Section 5 in light of threatened litigation, without agreeing or assuming that the above- referenced authorities govern the Ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS that section 5 of Article 2, Chapter 15 of the Code of the City of Milton is hereby amended to read as follows: (g) to prohibit or regulate the possession, sale or use of explosives, gasoline or other flammable liquids, or dangerous weapons of any kind, excluding firearms or components of firearms; and EFFECTIVE DATE This ordinance shall become effective upon adoption and approval by the City Council of the City of Milton, Georgia. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are repealed. ADOPTED by the City Council of the City of Milton, Georgia, this _____ day of ________________, 2008. JOE LOCKWOOD Mayor & Presiding Officer City Council City of Milton, Georgia 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MILTON, GEORGIA, HEALTH AND PUBLIC SAFETY ORDINANCE, CHAPTER 15, ARTICLE 2, AS IT PERTAINS TO THE REGULATIONS INVOLVING FIREARMS AND COMPONENTS OF FIREARMS THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on the ____ day of June, 2008 at 6:00 p.m. as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November, 1982, and effective July 1, 1983, in Article IX, Section II, Paragraph II thereof, and general state law, codified at O.C.G.A. § 36-35-3, provide that the city council of the city may adopt clearly reasonable ordinances to govern its affairs; and WHEREAS, the city council of the City of Milton adopted and approved the amended Health and Public Safety ordinance (the “Ordinance”) on March 17, 2008; and WHEREAS, said Ordinance, among other things, regulates the possession of firearms and ammunition during an emergency; and WHEREAS, O.C.G.A. § 16-11-173(b)(1) expressly preempts counties and cities from regulating the possession of firearms or components of firearms; and WHEREAS, a recent decision by the Georgia Court of Appeals in Guncarry.Org, Inc. v. Coweta County, Georgia, 288 Ga.App. 748, 655 S.E.2d 346, affirms the state’s right to expressly preempt local ordinances pertaining to the possession of firearms or components of firearms; and WHEREAS, the city council feels it is prudent to amend Chapter 15, Article 2, Section 5 in light of threatened litigation, without agreeing or assuming that the above-referenced authorities govern the Ordinance; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS that Chapter 15 of the Code of the City of Milton is hereby adopted and approved to read as follows: 1 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, 2 personnel, equipment, and facilities of the city, requiring the combined forces of other political subdivisions to combat. 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. 3 State law Reference O.C.G.A. § 49-5-233 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, excluding firearms or components of firearms; 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, 4 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. (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 CodeArticl 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 5 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. 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 6 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. 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 7 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. 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. 8 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. 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 9 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. 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 10 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; 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 11 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; 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. 12 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: 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. 13 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. 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. 14 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 2-10-030 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. 15 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. 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. 16 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 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. 17 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. 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. 18 (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. 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. 19 EFFECTIVE DATE This ordinance shall become effective upon adoption and approval by the City Council of the City of Milton, Georgia. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are repealed. ORDAINED by the City Council of the City of Milton, Georgia, this _____ day of ________________, 2008. JOE LOCKWOOD Mayor & Presiding Officer City Council City of Milton, Georgia Attest: ________________________________ Jeanette R. Marchiafava, City Clerk (Seal) 20 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 May 1 for May 19, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Lotty & Lotta Market, LLC d/b/a Nahm Thai Cuisine CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to Nahm Thai Cuisine for consumption on the premises of distilled spirits (to be included with current wine and malt beverage license). 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: Lotty & Lotta Market, LLC d/b/a Nahm Thai Cuisine Owner(s) Name: Ngamta Thong Young Business Address: 5310 Windward Pkwy, Suite C Type of License to be Issued: Consumption on Premises –Distilled Spirits The applicant currently holds a wine and malt beverage license. They would like to add distilled spirits to the license. Concurrent Review: Billy Beckett, City Manager Tom Wilson, Director of Community Development Chris Lagerbloom, Public Safety Director 1 Prepared by the Community Development Department for the Mayor and City Council Meeting on May 19, 2008 5/12/2008 Page 1 of 7 ZM08-02 PETITION NUMBER(S): ZM08-02 North Valley Shopping Center PROPERTY INFORMATION ADDRESS Southside of Hwy 9 west of Sunfish Bend DISTRICT, LAND LOT 2/2, 758 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 (Community Business) RZ03-140 EXISTING USE Undeveloped PROPOSED USE Retail within 3 buildings for a total of 32,125 square feet and Office within 5 buildings for a total of 29,250 square feet for a total of 61, 375 square feet. PETITIONER El Mina Inc. ADDRESS 5914 Old Dahlonega Hwy, Murrayville, GA 30564 PHONE 404-597-6745 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of RZ03-140 (ZM06-011 NFC), to modify the site plan. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-002 - APPROVAL CONDITIONAL LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on May 19, 2008 5/12/2008 Page 2 of 7 ZM08-02 Site Plan Received on March 31, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on May 19, 2008 5/12/2008 Page 3 of 7 ZM08-02 REVISED SITE PLAN APPROVED ON 4/05/06 by FULTON COUNTY BOARD of COMMISSION Prepared by the Community Development Department for the Mayor and City Council Meeting on May 19, 2008 5/12/2008 Page 4 of 7 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on May 19, 2008 5/12/2008 Page 5 of 7 ZM08-02 Condition to by modified: 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Department of Environment and Community Development on February 28, 2006. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation The subject site is located on the south side of State Route 9 (Cumming Hwy) just west of Sunfish Bend. The site is zoned C-1 (Community Business) and is approved for the development of 62,240 square feet of retail, service commercial, office and accessory uses at a density of 7,535.11 square feet per acre, pursuant to 2003Z-140 NFC. The applicant’s submitted site plan shows a total of 61, 375 square feet. The Fulton County Board of Commissioners also approved a Modification of Site plan on May 5, 2006 which included a concurrent variance to delete the required landscape strip along the west and south sides of the detention pond. Staff notes that on the current plan submitted, the detention will be underground. It is the Mayor and City Council’s policy to require a 6-foot wide concrete sidewalk along the entire frontage of the property with a minimum 4.5 foot grass strip between the sidewalk and the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet along Hwy 9. In addition, a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development is also required. Both of these design standards are included in the recommended conditions. Due to building configuration refinements that have been made in regard to the overall development, the applicant is seeking to revise the site plan approved pursuant to Z003Z- 0140 NFC and ZM06-011 NFC and is therefore requesting a modification of zoning condition 2.a. The proposed revision of the site plan will not result in an increase in density for the overall development. Staff is of the opinion that the applicant’s request is in harmony with the development approved by the Board of Commissioners pursuant to 2003Z-0140 NFC, as well as with the general purpose and intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed modification of zoning condition 2.a. CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ07-010) should be revised to read as follows: Prepared by the Community Development Department for the Mayor and City Council Meeting on May 19, 2008 5/12/2008 Page 6 of 7 ZM08-02 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Department of Environment and Community Development on March 31, 2008 (RZ03-140). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM08-02) 3. To the owner’s agreement to the following site development considerations: d. Provide 6-foot wide concrete sidewalk along the entire frontage SR 9 frontage of the property located no more than 1 foot off the Right-of-Way line and no less than 4.5 feet behind the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Public Works Director for Milton. e. Provide a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Community Development. f. Provide motorized Inter-Parcel access to west adjoining property as required by the Director of Public Works. Provide additional non-motorized inter-parcel trails or sidewalks as may be required by the Director of Public Works. g. Provide construction of a standard 4-foot wide bicycle lane across the entire property frontage of SR 9. Prepared by the Community Development Department for the Mayor and City Council Meeting on May 19, 2008 5/12/2008 Page 7 of 7 ZM08-02 Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 1 of 12 AMENDMENT NUMBER: LU08-01 FOCUS FULTON 2025 FUTURE LAND USE PLAN MAP AMENDMENT PROPERTY INFORMATION ADDRESS 12855 Hopewell Road DISTRICT, LAND LOT 2/2, 1125 OVERLAY DISTRICT Northwest Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 7.96 EXISTING USE Single Family Residence OWNER Neil J. Negrin, M.D. INTENT The subject site was not included in Fulton County’s Focus Fulton 2025 Land Use Plan Map, and it is located within the jurisdictional boundaries of the City of Milton. Therefore, it is necessary to assign a future land use map designation for the subject parcel based on surrounding land uses. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Residential 1-2 units per acre. CITY OF MILTON PLANNING COMMISSION RECOMMENDATION Residential 1-2 units per acre. 7-0 04/22/08 Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 2 of 12 LOCATION MAP Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 3 of 12 CURRENT ZONING AND USES MAP Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 4 of 12 Existing Uses and Zoning of Nearby Property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 (R-3) Z95-021 04-05-95 R-3 (SF Dwelling) Hopewell Place S/D Max. 2 units/acre (no more than 39 units) Min. 1 acre lots adjacent to Hopewell. Min. HFA: 1,800 sq. ft. Further North 2 (R-3) 03Z-122 03Z-041 12-03-03 R-3 (Residential) Milton Place S/D Max. 1.64 units/acre (no more than 23 units) Min. 1 acre lots along Hopewell Min. HFA: 2,750 sq. ft. Max. 1.67 units/acre (no more than 8 units) Min. 1 acre lot along Hopewell East 3 (CUP) Z98-081 12-16-98 CUP (Community Unit Plan) Southfield S/D Max. 2.5 units/acre (no more than 35) Min. 18,000 sq. ft. lot for North prop. line, 12,000 sq. ft. for West prop. line, 7,200 sq. ft. for all others Min. HFA: 1,700 sq. ft. Southeast (City of Alpharetta) 4 (C-2) C-2 (General Commercial) Misc. commercial, storage facility. Currently developed South (City of Alpharetta) 5 (O-I) O-I (Office Center) Planned development of office buildings in campus environment with extensive landscaping and attention to design amenities. Commercial uses are ancillary to the office uses and should be internal to the office buildings. Currently developed Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 5 of 12 Further South (City of Alpharetta) 6 (R-8A) R-8A (High Density) Orchards at Hopewell: Single-family attached dwellings developed at maximum density of 8 units per acre, and apartments developed at maximum density of 10 units per acre. Southern portion of subject site (City of Alpharetta) 7 (C-2) C-2 (Central Business District) A combination of offices, shops and other businesses offering products, entertainment or services to the general public in a traditional downtown setting. Undeveloped West 8 (AG-1) AG-1 (Agricultural) Scattered Single-Family Residential Minimum 1 acre per unit. Northwest 9 (CUP) 05Z-135 03-01-06 CUP (Community Unit Plan) Vickery Crest S/D (under construction) Max. 1.88 units/acre (no more than 42) Min. 20,000 sq. ft. adjacent to Andover North subdivision, 18,000 adjacent to Providence Oaks subdivision, and 1 acre adjacent to Hopewell, 15,000 sq. ft. for all others Min. HFA 2,500 sq. ft. Further Northwest 10 (CUP) 04Z-144 02-02-05 CUP (Community Unit Plan) Vickery Crest S/D (under construction) Max. 1 unit/acre (no more than 33) Min. 18,000 sq. ft. for sewered lots, 1 acre for septic lots and adjacent to Hopewell Min. HFA: 2,500 sq. ft. Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 6 of 12 Hopewell Road West of Site (#8 and #9 on Map) Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 7 of 12 Orchards at Hopewell (#6 on Map) Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 8 of 12 Southfield S/D (#3 on Map) Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 9 of 12 EXISTING 2025 FUTURE LAND USE MAP Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 10 of 12 PROPOSED 2025 LAND USE MAP Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 11 of 12 SUBJECT SITE: The subject site contains approximately 7.96 acres currently zoned AG-1 (Agricultural) and developed with a single family residence. STANDARDS OF REVIEW A. Whether or not the proposed land use category will permit a use that is suitable in view of the use and development of adjacent and nearby property? Adjacent and nearby property is used for densities ranging from 1 unit per acre to 8 units per acre. These uses include single-family residential at Milton Place (1.64 u/a) and Hopewell Place (2 u/a) to the north; Southfield (2.5 u/a) to the east; undeveloped C-2 adjacent to the subject site located in the City of Alpharetta; and high density attached residential at Orchards at Hopewell located further south in the City of Alpharetta. To the northwest, Vickery Crest (1.88 & 1 u/a) is under development. Thus, a permitted use of 2 units per acre is suitable for the subject site in terms of density. B. Whether or not the proposed Land Use Category will adversely affect the existing use or usability of adjacent or nearby property? The existing properties surrounding the proposal will not be adversely affected by a maximum density of 2 units per acre. This level of intensity is considered moderate when compared to the approved density of the ten neighboring properties. No other existing uses would be adversely affected. In addition, the transition from the east to the west goes from 2+ units per acre to under 2 units per acre. Previous approved zonings also require 1 acre lots along the frontage of Hopewell Road. C. Whether the proposed Land Use Category is in conformity with the policies and intent of the Land Use Plan? The proposed parcel has not been identified in the Land Use Plan for a specific use thus the strongest argument for its classification is drawn from the intended uses of adjacent properties. The 2025 Future Land Use Plan classifies adjacent properties to the west and north as Residential, 1 to 2 units per acre. It classifies adjacent properties to the east as Residential, 2 to 3 units per acre. Non-adjacent properties further northwest are Residential, 1 unit per acre or less. Southfield and Orchards at Hopewell are medium to high density developments served by sewer lines that abut the proposal and could be easily expanded. Thus, by following the proper Design Guidelines, the proposal would fit the policies and intent of the Land Use Plan and would be an asset to future development of Milton. Prepared by the Community Development Department for For the Mayor and City Council Meeting May 19, 2008 5/12/2008 Page 12 of 12 D. The relation that the proposed land use bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. Of the six nearby Milton locations, only one is not permitted to develop over 1 unit per acre in the Land Use Plan. The remaining five have been permitted for greater densities. Properties 4, 5, 6 and 7 (see attached Table) belong to the City of Alpharetta and their relationship to this proposal is important in order to create uniformity for the area from a land use perspective. Their classifications include General Commercial (4), Office Center (5), High Density (6), and Central Business District (7). As defined in the City of Alpharetta’s Comprehensive Plan, these uses would be most compatible with this proposal developed at a density of at least 2 units per acre in order to achieve an effective transition into Milton’s rural vision. Furthermore, permitting sewer connections to the proposal in order to accommodate a maximum of 2 units per acre, responds positively to concerns stated in the 2025 Land Use Plan. The Plan states that due to “the construction of residential developments with a minimum of one acre lots . . . residents are heavily dependent on the automobile . . . [which] have led to congested roads.” E. The amount of undeveloped or zoned land in the general area affected which has the same future land use classification as the subject site. All land directly connected to the subject site is classified in the Future Land Use at the same or higher intensities as the proposal. Non-adjacent land further northwest is classified as Residential, 1 acre or less. Currently, the zoning applies AG-1 and Community Unit Plan designations to the parcels on the west side of Hopewell. However, as the attached photos demonstrate, most of the housing facing the subject property could be updated or replaced over time to better serve the community. CONCLUSION Based on existing uses surrounding the subject site and the 2025 Future Land Use Plan Map, it is staff’s recommendation that the Map reflect a future land use designation of Residential, 1-2 units per acre. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _________ A RESOLUTION OT AMEND THE CITY’S COMPREHENSIVE PLAN TO INCLUDE THAT PORTION OF 12855 HOPEWELL ROAD WITHIN THE CITY LIMITS OF MILTON BE IT RESOLVED by the City Council of the City of Milton, GA while in Regular Meeting on May 19th, 2008 as follows: WHEREAS, the Milton City Council adopted Fulton County’s Focus Fulton 2025 Comprehensive Plan and map on November 21, 2006, as the Comprehensive Plan and Map for the City of Milton, and it has served as a guide for the Community Development Department and other related departments until a new Comprehensive Plan can be approved to better serve the City of Milton and its residents; and WHEREAS, it has been determined that a parcel of land consisting of 7.96 acres, zoned AG1 and located at 12855 Hopewell Road in the Second District, Second Section, Land Lot 1125 of Fulton County (“omitted parcel”), as shown in Exhibit “A” attached hereto, is within the incorporated limits of the City of Milton, but was not included as part of unincorporated Fulton County in the Focus Fulton 2025 Comprehensive Plan and Map; and WHEREAS, the City Council acknowledges the importance of having a policy document that is accurate with regard to the area comprising the City of Milton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS that the Focus Fulton 2025 Comprehensive Plan and Map previously adopted by the Council on November 21, 2006 are hereby amended to show the omitted parcel within the city limits and reflecting a Future Land use Designation of “Residential 1-2 units per acre.” IT IS FURTHER ORDAINED that this Resolution shall become effective upon its adoption. RESOLVED this 19th day of May, 2008. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A CITIZEN’S PARTICIPATION GROUP FOR POTENTIAL REVISION TO THE MILTON TREE ORDINANCE AND ADMINISTRATIVE GUIDELINES BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of May, 2008 at 6:00 p.m. as follows: SECTION 1. That (To Be Determined) (Mayor’s At-Large Member), (To Be Determined) (District 1), To Be Determined (District 3), and Roger Festa (District 5) are hereby appointed for a term commencing May 19, 2008 and ending on December 31, 2009; and SECTION 2. That (To Be Determined) (District 2), (To Be Determined) (District 4) and Diane Palmer (District 6) are hereby appointed for a term commending May 19, 2008 and ending on December 31, 2011; and SECTION 3. When the participation group first convenes, the members will elect one of its members to serve as Chairperson, and Vice Chairperson. SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this the _____ day of May, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal)