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Home My WebLink About12-15-2008-PacketPage 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. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, December 15, 2008 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Minister, Community of Christ Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 08-744) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 08-745) 1. Approval of the December 1, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-746) 2. Approval of the following task orders: a. November 19, 2008 – Task Order 09-SSI-01 from Street Smarts, Inc. for traffic calming services for the City of Milton with a total cost of $15,162.27; and b. November 7, 2008 – Task Order 09-KHA-01 from Kimley-Horn and Associates, Inc. for Phase 1 Crabapple Crossroads Southeast Quadrant Study with a total cost of $17,635.00; and c. November 25, 2008 – Revised Task Order 09-KHA-01 from Kimley-Horn and Associates, Inc. for Revised Phase 1 Crabapple Crossroads Southeast Quadrant Study with a total cost of $21,783.00 (Dan Drake, Public Works Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 15, 2008 – 6:00 PM 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. (Agenda Item No. 08-747) 3. Approval for Street light acceptance agreement with Crabapple Crossing Subdivision. (Dan Drake, Public Works Director) 7) REPORTS AND PRESENTATIONS 8) FIRST PRESENTATION 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION (Agenda Item No. 08-748) 1. Approval of Alcohol Beverage License Application for Wu & Huang Enterprises, Inc. d/b/a Ru San’s Milton located at 13085 Alpharetta Highway 9N, Unit #440, Milton, Georgia. The applicant is Kent Wu for Consumption on the Premises – Wine and Malt Beverage. (Presented by Stacey Inglis, Finance Manager) END OF PUBLIC HEARING 10) ZONING AGENDA (Agenda Item No. 08-734) 1. ZM08-08/VC0-07 - South side of Webb Road, To modify condition 2a. and a 2 part concurrent variance to 1) To reduce the side yard setback from 20 feet to 10 feet along the east and west property lines; 2) To reduce the minimum rear yard setback from 25 feet to 10 feet along the south property line. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-735) 2. RZ08-10, 622 N. Main Street by Larry Singleton, ADT Real Estate, LLC, To rezone from C-2 (Commercial) to C-1 (Community Business) to develop a 28,260 square foot retail home fashion center at a density of 12,504.42 square feet per acre on 2.26 acres. (Presented by Alice Wakefield, Community Development Director) 11) UNFINISHED BUSINESS (none) 12) NEW BUSINESS (Agenda Item No. 08-749) 1. Approval of a Resolution Amending Resolution No. 08-12-54, A Resolution to Create the Milton Parks and Recreation Advisory Board and to develop the Milton Parks and Recreation Ordinance. (Presented by Brad Chambers, Parks and Recreation Representative) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 15, 2008 – 6:00 PM 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. (Agenda Item No. 08-750) 2. Approval of a Resolution Amending Resolution No. 08-12-55, A Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-751) 3. Approval of a Resolution Amending Resolution No. 08-12-56, A Resolution to Create a Committee to Serve as the Historic Preservation Committee for Development of a Historic Preservation Ordinance for the City of Milton. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08- 752) 4. Approval of a Resolution Amending Resolution No. 08-04-32, A Resolution Appointing Members to the City of Milton Bike and Pedestrian Path Committee. (Presented by Alan Tart, Councilmember) (Agenda Item No. 08- 753) 5. Approval of a Resolution to Create a Stakeholder Advisory Committee for City of Milton Transportation Plan. (Presented by Dan Drake, Public Works Director) (Agenda Item No. 08- 754) 6. Approval of a Resolution to Create a Citizen Advisory Committee for City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence. (Presented by Dan Drake, Public Works Director) (Agenda Item No. 08-755) 7. Approval of task orders for concept studies of Birmingham at Providence intersection for $116,434.06 and Arnold Mill at New Providence intersection $70,496.70 with Street Smarts, Inc. (Presented by Dan Drake, Public Works Director) (Agenda Item No. 08- 756) 8. Approval of a Resolution Requesting the Transmittal of the draft City of Milton 2008- 2028 Comprehensive Plan Partial Update to the Atlanta Regional Commission and the State of Georgia Department of Community Affairs. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08- 757) 9. Approval of a Resolution to Adopt the 2009 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. (Presented by Alice Wakefield, Community Development Director) 13) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 15, 2008 – 6:00 PM 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. 14) STAFF REPORTS 1) Discussion of the right-of-way privatization policy. (Presented by Dan Drake, Public Works Director) 15) EXECUTIVE SESSION (if needed) (Agenda Item No. 08-758) 16) ADJOURNMENT The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Dan Drake, Public Works Director Date: December 2, 2008 for the December 15, 2008 Council meeting Agenda Item: Consent Agenda for Task Orders Engineer Recommendation: Staff presents task orders for consent agenda for December 15, 2008 City Council meeting, per the City Charter requirements for a valid contract. Background: November 19, 2008 – Task Order 09-SSI-01 from Street Smarts, Inc. for traffic calming services for the City of Milton with a total cost of $15,162.27. November 7, 2008 – Task Order 09-KHA-01 from Kimley-Horn and Associates, Inc. for Phase 1 Crabapple Crossroads Southeast Quadrant Study with a total cost of $17,635.00 November 25, 2008 – Revised Task Order 09-KHA-01 from Kimley-Horn and Associates, Inc. for Revised Phase 1 Crabapple Crossroads Southeast Quadrant Study with a total cost of $21,783.00 Attachments: Street Smarts, Inc. Task Order 09-SSI-01 Kimley-Horn and Associates, Inc. Task Order 09-KHA-01 Kimley-Horn and Associates, Inc. Revised Task Order 09-KHA-01 ' i City of Milton 4 _$: PROFESSIONAL ENGINEERING SERVICES CONTRACT AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. DATED Novernber7, 2008 TASK ORDER #1 PHASE I CRABAPPLE CROSSROADS SOUTHEAST QUADRANT STUDY SCOPE OF SERVICES This TASK ORDER between the parties is entered into pursuant to the above referenced CONTRACT AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as authorization by the City of Milton to Kimley-Horn and Associates, Inc. (referred to herein alternately as "Consultant" and "KHA") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the CONTRACT AGREEMENT (RFQ M8-001). Now therefore, the parties agree as follows: Dscription of PROJECT: This PROJECT is a study of the Southeast quadrant of the Crabapple Crossroads intersection including Broadwell Road from Mayfield to City limits, Mayfield Road from Broadwell to Charlotte Drive, Charlotte Drive, and Mid Broadwell from Mayfield to City limits. Phase 1 consists of project kick-off meeting (task I), data collection (task 21, stakeholder interviews (task 3), and existing conditions analysis (task 4). Description of Services: Task 1- Proiect Kick-off Meeting KHA will organize and host a kick-off meeting with the project team to discuss the process of this study. Specific responsibilities, tasks and deadlines will be clarified, and the meeting will mark the beginning of the data collection and andysis process. Up to two KHA professionals will attend the meeting, which should last approximately two to three hours. Additionally, the intersections to be analyzed will be finalized at this meeting before the data collection in Task 2 begins. Task 2 - Data Collection This analysis will require the collection of traffic data at specific intersections and along roadways in the study area. At this time, KHA will assume up to 10 intersections will need turning movement counts, and 24-hour machine tube counts will be performed at up to 5 locations along area roadways. The locations of the turning movement and tube counts will be determined at the kick-off meeting in Task 1. These traffic counts will be conducted the week of November 10, 2008. Additionally, this task includes field data collection as well as queue observations at all locations to be counted. If more than 10 turning movement or 5 tube counts are required, they can be counted as an additional service with prior written authorization from the City. Also included in this task is zoning research at the City of Milton for the study area. Task 3 - Stakeholder Interviews KHA will conduct stakeholder interviews to gather information on the types of improvements stakeholders would like to see implemented in the concept plan for the area. This task includes up to two KHA professionals meeting with stakeholders for a total equivalent of one day, and it will begin after the data collection has starced in Task 2. Task 4 - Existing Conditions Analysis This analysis will evaluate the existing weekday AM and PM peak conditions at each intersection to be studied. This task assumes up to 10 intersections will be analyzed, incorporating volume data from up to 5 tube counts within the study area. The count data will be summarized in spreadsheets used for analysis and presentation purposes. Existing traffic volumes will be analyzed at each intersection using the modeling software program Synchro 6.0, which is based on rnethodoIogy from the 2000 Highway Capacity Manual. The results of the existing conditions analysis will be presented in a memo for the City's review by November 21"'. The memo will include a summary table of the current intersection operations, as well as discussion on specific locations that may need improvements or modifications to meet operational standards. Schedule of Deliverables Design Specifications and Guidelines Task 1 - Project Kick-off Meeting 2 - Data Collection 3 - Stakeholder Interviews 4 - Existing Conditions Analysis The CONTRACTOR shall coordinate the proposed services with any proposed construction plans and within the project limits. Deadline I Meeting Date NTP week of November 10,2008 by November 21,2008 This TASK ORDER is subject to the terms and conditions of the original CONTRACT AGREEMENT (RFQ IP08-001) entered between the parties. General Swpe of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT'S receipt from the City of a written "Notice to Proceed" (NTP) for each phase. The WORK will be completed within 150 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 150 calendar days (hereinafter referred to as the "Schedule for Completion"), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project's duration. Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as "Narrative Report"). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The CONSULTANT agrees that all reports, plans, drawings studies, specifications, estimates, maps. computations, computer diskettes and printouts and any other data prepared under the terms of this TASK ORDER shall become the property of the City. This data shall be organized, indexed, bound and delivered to the City no later than the advertisement of the PROJECT for letting, The City shall have the right to use this material without restriction or limitation and without compensation to the CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of the City pursuant to this TASK ORDER. The CONSULTANT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the designs, drawings, specifications, and other services furnished for this TASK ORDER. All revisions shall be coordinated with the CITY prior to issuance. The CONSULTANT shall also be responsible for any claim, damage, lass or expense that is attributable to errors, omissions, or negligent acts related to the designs, drawings, arid specifications pursuant to this TASK ORDER. The fee shall be paid as provided in the CONTRACT AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in the attached Fee Schedule. Attachments: Attachment A - Fee Schedule Date: r 1110 / CONSULTANT: Name: G V I Date: Attachment A - Fee Schedule 8 \ &2*L:kw ] / 2 2 &»mLLFedEA ci # _ \\%% 22*LLelea7 §File Z;ere \ \ 308:KHKAd &n I 7 & $ 2r2L& 6b*�pemr\\$\% /®3®� \§ IN §% &m«N:m9gr\\cm I&�a� \ § am«H mnc al § / % a %22~G Totals 2522® # \ .k /ck� «±-§ §$.j3 §d$c 1;}« =sfx 52o oew »\G4 PROFESSIONAL ENGINEERING SERVICES CONTRACT INC. DATED TRAFFIC CALMING SERVICES FOR THE CITY OF MILTON SCOPE OF SERVICES This TASK ORDER between the parties is entered into pursuant to the above referenced CONTRACT AGREEMENT (RFQ WO8-001), incorporated herein by reference, and shall serve as authorization by the City of Milton to Street Smarts, Inc. ("'Consultant") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the CONTRACT AGREEMENT (RFQ #08-001). Now therefore, the parties agree as follows: Descri~tion of PROJECT: The PROJECT consists of a review of the existing traffic calming procedures for the City of Milton to determine ease of implementation and thoroughness of the review process. Street Smarts will seek to refine the city's procedures based on a comprehensive review of traffic calming requirements in other municipalities as well as input from the City Transportation Section. This portion is PHASE I of the overall PROJECr . Once a revised methodology is accepted by the City of Milton, Street Smarts will apply the newly defined process to a study of the traffic calming requat submitted for the SabIe Pointe subdivision located in north Milton (PHASE II), which will be addressed by separate Task Order- This pilot study will enable the City of Milton to review its new1 y formed procedures and it may also be used as a template for future, similar tmfk calming analyses. The PROJECT schedule for PHASE I shall be as follows: PHASE I - REVIEW OF CURRENT TRAFFIC CALMING PROCESS AND DEVELOPMENT OF RECOMMENDATIONS 1. Meeting with the City of Milton to define expectations, discuss current -c calming process, and discuss current ordinance. 2. Research traffic calming processeslrquirementslordinmces currently used by other municipalities. 3. Refine current City process and ordinance using information gathered in Steps 1 & 2. 4. Meeting with the City's Transportation Section to present recommended changes to the City's lraf!fic calming program. Comments and recommendations from the Section will be collected by the CONSULTANT. 5. Incorporate any changes requested by the City into a final Traffic Calming Mess document and proposed Traff~c Calming Ordinance (note - City of Milton will provide legal review of ordinance). 6. Data collection for prioritization process. 7. Review of backlog and high-level eligibility. 8. bvide prioritized study order to the City of Milton. Schedule of Deliverables Nore - anticipated hSTP ihte is November ldh, 2008 1. Draft of letter to requestors with notification that the City's traffic calming process has begun 2, Meeting to discuss expectations and current procesdordinance 3. Meeting to present mommended prmss/ordinance 4. Collect traffic data December 2 to December I 1 5. Draft of revised ordinance 6. Draft of revised process 7. Receive traffic data to use for prioritization process 8. Prioritized list of tndf~c calming requests 5 days from NTP 10daysfromNTP 40 clays from NTP 4.0 days from NTP 45 days from NTP 45 days from NTP 50 days from NTP 60 days from MTP Design Specifications and Guidelines The CONTRACTOR shall coordinate the proposed services with any proposed construction plans and within the project limits. This TASK ORDER is subject to the terms and conditions of the original CONTRACT AGREEMENT (RFQ #08-00 1) entered between the parties. General Scorn of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT'S receipt from the City of a written "Notice to heed'' (NTP) for each phase. The WORK will be completsd within 150 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 150 calendar days (hereinafter referred to as the "Schedule for Completion"), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the pject's duration. - <1 Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as 'Narrative Report"). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The CONSULTANT agrees that all reports, plans, drawings studies, specifications, estimates, maps, computations, computer diskettes and printouts and any other data prepad under the terms of this TASK ORDER shall become the property of the City. This data shall be organized, indexed, bound and delivered to the City no later than the advertisement of the PROJECT for letting. The City shall have the right to use this material without restriction or limitation and without compensation to the CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of the City pursuant to this TASK ORDER. The CONSULTANT shall correct or revise, or cause to be correctsd or revised, any errors or deficiencies in the designs, drawings, specifications, and other services furnished for this TASK ORDER. All revisions shall be coordinated with the CITY prior to issuance. The CONSULTANT shall also be responsible for any claim, damage, loss or expense that is attributable to errors, omissions, or negligent acts related to the designs, drawings, and specifications pursuant to this TASK ORDER. The fee shall be paid as provided in the CONTRACT AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in the attached Fee Schedule. Attachments: Attachment A - Fee Schedule CITY OF MI By: Title: Name: CONSULTANT. By: Attachment A - Fee Schedule n3 0 na rU 0 iu n�c3 o 0D [oco 0 o y o � o tix U) P o 7 oil C Uri U) iii m 3� I� '0 (n (1] sf fO Pwn �(D ] N CD([��7 Ai D V) CD Totals $15,162.27 $2,402.40 $690.70 $2,214.12 $802.06 $2,865.67 $1,285.26 $1,461.66 $140.40 $3,300.00 Kickoff Meeting $1,304.04 $400.40 $332.12 $548.12 $23.40 Research similar programs $1,252.52 $266.93 $221.41 $764.18 Refine process $2,244.21 $400.40 $332.12 $1,146.27 $365.42 Meeting to discuss refinements $1,304.04 $400.40 $332.12 $548.12 $23.40 Incorporate comments from City $1,187.36 $266.93 $442.82 $477.61 Data Collection for prioritizalion $5,068.68 $667.34 $5.53.53 $477.61 $70.20 $3,300.00 Review of request backlog $1,525.53 $276.28 $458.32 $790.93 Provide prioritized list of requests $1,275.89 $414.42 $343.74 $494.33 T $23.40 PROJ?ESSIONAL SERVICES AGREEMENT INC. REVISED PHASE 1 CRABAPPLE CROSSROADS SOUTHEAST QUADRANT STUDY This TASK ORDER between the parties is entered into pursuant to the above referenaed CONTRACT AGREEMENT (RFQ #08-00 l), incorporated herein by reference, and shall serve as authorization by the City of Milton to Kimlev-Horn and Associates. Inc. (referred to herein alternately as "Consultant" and "KI-IA") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the CONTRACT AGREEMENT (RFQ #08-00 1). Now therefore, the parties agree as follows: Description of PROJECT: This PROJECT is a study of the Southeast quadrant of the Crabapple Crossroads intersection including Broadwell Road from Mayfield to City limits, Mayfield Road from Broadwell to Charlotte Drive, Charlotte Drive, and Mid Broadwell from Mayfield to City limits. Phase 1 consists of project kick-off meeting (task 11, data collection (task 21, stakeholder interviews (task 3), and existing conditions analysis (task 4). Description of Services: Task 1 - Proiect Kick-off Meetinq KHA will organize and host a kick-ff meeting with the project team to discuss the process of this study. Specific responsibilities, tasks and deadlines will be clarified, and the meeting will mark the beginning of the data collection and analysis pmess. Up to two KHA professionals will attend the meeting, which should last approximately two to three hours. Additionally, the intersections to be analyzed will be finalized at this meeting before the data collection in Task 2 begins. Task 2 - Data Collection This analysis will require the collsction of traffic data at specific intersections and along roadways in the study area. At this time, KHA will assume up to 10 intersections will need turning movement counts, and 24-hour machine tube counts will be performed at up to 5 locations along ma roadways. The locations of the turning movement and tube counts will be determined at the kick-off meeting in Task 1. These traffic counts will be conducted the week of November 10, 2008. Additionally, this task includes field data collection as we1 as queue observations at all locations to be counted. If more than 10 turning movement or 5 tube counts are required, they can be counted as an additional service with prior written authorization from the City. Also included in this task is zoning research at the City of Milton for the study area. Task 3 - Stakeholder interviews KHA will conduct stakeholder interviews to gather information on the types of improvements stakeholders would like to see implemented in the concept plan for the area. This task includes up to two KHA professionals meeting with stakeholders for a total equivalent of one day, and it will begin after the data collection has started in Task 2. KHA staff will follow up with stakeholders to inform them of the project status. Task 4 - Existinn Conditions Analysis This analysis will evaluate the existing weekday AM and PM peak conditions at each intersection to be studied. This task assumes up to I0 intersections will be analyzed, incorporating volume data from up to 5 tube counts within the study area. The count data will be summarized in spreadsheets used for analysis and presentation purposes. Existing traffic volumes will be analyzed at each intersection using the modeling software program Synchru 6.0, which is based on methodology from the 2000 Highway Capacity Manual. The results of the existing conditions analysis will be presented in a memo for the City's review by November 21''. The memo will include a summary table of the current intersection operations, as well as discussion on specific locations that may need improvements or modifications to meet operational standards. Task 5 - Design Charrette This task will include a walk-through of the study area with City Staff to learn more about the area and the types of design features that should be incorporated into the concept plan. Information about existing structures, geographic and topographic challenges, and other physical aspects of the study area will be collected at this time. This walk-through is planned to occur on November Isth, or on an alternate day the week of November 17'~. After the walk-through, KHA meet with City Staff to discuss design ideas and general concepts for the area. This task includes attendance by up to three KHA professionals. 2 - Data Coilection 3 - Stakeholder Interviews Schedule of Deliverables week of November 10,2008 Task 1 - Project Kick-off Meeting Deadline I Meeting Date NTP Desi~n S~ecifications and Guidelines 4 - Existing Conditions Analysis 5 - Design Charrette The CONTRACTOR shall coordinate the proposed services with any proposed construction plans and within the project limits. by November 2 1,2008 November 18,2008 This TASK ORDER is subject to the terms and conditions of the original CONTRACT AGREEMENT (RFQ #08-00 1) entered between the parties. General Scoae of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT'S receipt from the City of a written "Notice to Proceed (NTP) for each phase. The WORK will be completed within 150 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 150 calendar days (hereinafter referred to as the "Schedule for Completion"), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project's duration. Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as "Narrative Report"). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The CONSULTANT agrees that all reports, plans, drawings studies, specifications, estimates, maps, computations, computer diskettes and printouts and any other data prepared under the terms of this TASK ORDER shall become the property of the City. This data shall be organized, indexed, bound and delivered to the City no later than the advertisement of the PROJECT for letting. The City shall have the right to use this material without restriction or limitation and without compensation to the CONSULTANT* The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of the City pursuant to this TASK ORDER. The CONSULTANT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the designs, drawings, specifications, and other services furnished for this TASK ORDER. All revisions shall be coordinated with the CITY prior to issuance. The CONSULTANT shall also be responsible for any claim, damage, loss or expense that is attributable to em, omissions, or negligent acts related to the designs, drawings, and specifications pursuant to this TASK ORDER. The fee shall be paid as provided in the CONTRACT AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in the attached Fee Schedule. Attachments: Attachment A - Fee Schedule ClTY OF MILTON 1 1 Title: Name: %m\, Ma*?& Date: \ I-ZQ -6% Attachment A - Fee Schedule E 0 x I B 3 $594.28 $594.28 Totals 1 - Kick-Off Meeting 2 - Data Collection 3 - Stakehorder Interviews 4 - Existin0 Conditions Anatysls 5 - Design Charrette N P X x 9 3: P $1,128.30 $1,128.30 V) $a 1,783.00 $1,866 $8,288 $4,058 $3,85 1 $3,722 2 O ED 5 F F $3,350.00 $3,350.00 8 8 X f ? D a. z .m $6,805. I5 $1,275.97 $425.32 $2,339.27 . $637.98 $2,126.61 Y E 5 z 0 m $32 1.75 $70.20 $40.95 $70.20 $1 40.40 N i 5 5 1 5 i! $9,563.46 $519.75 $4,469.88 $519.75 $2,598.77 $1,455.31 OD E E :: $20.00 $20.00 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Dan Drake, Public Works Director Date: December 2, 2008 for the December 15, 2008 Council meeting Agenda Item: Consent Agenda Approval for Street light acceptance agreement with Crabapple Crossing Subdivision Background: The City of Milton adopted the Fulton County Subdivision Regulations as the City of Milton, Georgia Subdivision Regulations at the City Council meeting on December 21, 2006. In Article VIII Required Improvements 8.8.4 Street Lights and Pedestrian Lighting Section C states “When each of the applicable items in Section C above has been completed, Fulton County shall: 1. Assume maintenance responsibility and make the monthly payments to the utility company for electrical energy for each street light when at least fifty percent (50%) of the dwelling units in the subdivision have been occupied. 2. Pay only the current monthly negotiated amount for electrical energy for each street light. Discussion: The Crabapple Crossing HOA had been paying for street lights in their subdivision as required of all new subdivisions per Article VIII 8.8.4 A of the City of Milton Subdivision Regulations. The Crabapple Crossing subdivision has 41 dwelling units and 29 are currently occupied. The subdivision has 17 street lights. Crabapple Crossing currently has 71% of the dwelling units occupied and meets the 50% occupancy requirement of the subdivision regulations. Attachments: Georgia Power Street Light Agreement Concurrent Review: Legal Review – Paul Higbee, Jarrard & Davis – 11/19/08 Outdoor Lighting Service - NESC @ Standard Ref# DWE# Lead P Customer's Name ('Customer"): City of Milton Te #: L&) 2 L ZX,/ Service Address ('Tremises"): 12532 Broadwell Road (Slreat Number am Mme. Crly. State] Milton, GA Zipcode: 30004 Mailing Address (It difterent): / / /3/5:4.;c'P7 AL& (Slmt NmWr and Name, Oly. Stale) SS#/ Tax ID: /T/ -/.i-p,g~yLrs County: Fulton Region: Metro North Type Customer: O Commercial industrial a Residential &J New Account Customer Choice I Granville Post Top '~ixtures I 11 I I E I t I I ACNM Type of Business: Remarks : Unregulated Governmental lights for Crabapple Crossing Subdrvision Street1 ights New Account Initial Term of Agreement: 1 Months Ught SIX (wanage) Descrlplh Prepaid Lease Amount: $ UBill nCol lected Current Estimated Monthly Charge for Outdoor Lighting Services . . . . . . . . . . . . . . . . . . . . . . . - + . . + . , . . . . . ..., . . $229.33 "The Regulated Energy Charge IS subject to change at any time as dictated by fi.e Gecrrgia Publw: Sewlce Cmm~ssim. Lamps UG Customer agrees Io lease from Georgia Pow Company ('%PC') the outdoor ligfitfng equipment identified as Action'?" andor 'RC " above (the "Equipment') in accordaye wim the rerms and conditions on the back of thls Agreement Tolal Charge RC I I50 W HPS Holo~hane 1 17 1 UG t US40 I 1R 1 PT 1 9132.94 1 596.39 i 6229.33 1 Amount 11-19-08 \rrfilliam Canady rnn'ed Account Executive T Uc NO, 1 DH Lamp Ener~r Amounl NESC IS a federally registered tradsmarkd IEEE WHITE-Bllllnq CAP4AP.Y - DDL Sales Person Y Equtpmenl Rate Regulated*" Type gm: 1 Outdow Uqhllnq Lease. GPC agrees to lease the Equipnenr to Cusiorner, Install the Equ~pmenl lor Crrstcmevs use at the Prern~ses dentifld on the front ot ths Agreement. and Sell lo Customer the energy ("Electric Serum") necessary tor blpmwlt aperatlm Charges lor the Etecrrac SeNlce sbll be as set fmm Ilme to nrne by ihe regulallons am raw scheduws of the Georgla Publ~ Sewlce Cmlssion (mcorpnted by IPS rderence) Customer acknowledges that the Equtpmenl shall be. and shall remain. rhe exciusne PWSonll property 01 GPC (nmwthstandlng that Me Equ~pmem IS attached lo real property) and that GPC has The optlon ro rernwe the Equ~pnent from the Prem~ses at he termlnatlun of thrs Agreernenl. 2 Illa~nlenance. GPC shall maintar the Equlmen: and sMl bear the cosr d routine fepalr or replacmm of lamps, photwlls, and simllar cornponems Cunomer hhever sh111 be responsible lor GPCs cost of repajnng or repaclng any Equipment damaged by Custaner ur any th~d party. Customer shall ROhfy GPC promply 01 any damage lo the EqUlpment or flghttng outage 3 Payment Customer agrees 10 pay the Monlhly Charge for OlndoDr Lighting Services as tilled, w711ch shall be due and payable withln 20 days of blllng In the aver: ot a prt~al payment. GPC shall first allocate the amount pard toward sal~slact~on of Electric Selvlce charges 4. The lnit~al term ot thls Agreemenl shalt k me month (or any longer "Inff~al Term of Agreement" ~ndicaled on the tronl), calculated trom lhe date of the Irrst rnor:hly h ( Inltlal Term') meresfier, lhrs Agreement shall autmatcally renw with the same terms and condltlms lor successive one-month terms ("Renewal Term'), unless enrhcr Party glues the other Party at least 30 days' plor mtten notrce oi ds desire to termlnale thts Agreemenl at the end ot the Inltlal Term or the then-current Rerrwial f errn 5 Access and Werrantv of Authoritv. Dunng this Agrmmem's term, and lor a reasomMe time zhereatter, Clrstomer grants the r~ght 01 access and a license lo GPC, ns Falenl, aYIWeS and aulhorgzed cmlmctors and Zhebr personnel (the TiPC Parl~w"), along mlh all necessary ven~cles rnachlnefy took ad equlpnenl lo enter C~stomcrs Prern~es to Instal. Inspea, malotan, replace, repair, or remove the Equ~pmenl The person slgnlng thrs Agreement on behalf of Customer represents and warrank to GPC tml hclshc has Ihe power and authority lo do so. and has all aghts and aulhonty noc&saT lo assure the GPC Part~es access to Ihe Piernuses The lndlvldual execullng tnls Agreernem on behalf of GDC warrants that he IS authorized to execute thls Agreement on behd of GPC and to conlracludy blnd GPC 6 Installatban W!th rsSWGt to !he underground !nstallatlon ol Ihe Equipnent (wtlether underground electrc dlstrtbut~on facrlltres or poles) ('FaclI<~es") on the Premises CLS~O~?~ xarrants That (a) The area desbgnated lor Facllllles lnstallat~on s clear of all dmruct~ons (vMh the exception d mk). all property lanes are clearly and accurately marked. and the IIM~ pdc shall vary nomorethan sh rnches Irom the grade wh~h ex~stedallhe time the Facrlllies were Installed Customw assumes the rrsk of the pesence o' rock or any harardoLIs wndltlon Iwhclher known or unknown, loreseen or untorereen) and shall bcar lhe cod of rock or hazardcvs cond~ton removal ta allow mstallar.on of lhe Facllrles If rocWhnzardous condi:ron ternma1 delays rrstalhlatlon the reasonable dday costs shall be bornc by Customer. If GPC s unable to ~nslah tW Fac~fues tn Ihe des~redtimelmmedue to rock or twardws condttrms, CusZomcr shatl lake no acllon of any klnd, legal or Mherwlse, agarnsr GPC Customer shall bear a.1 Cmts 01 allerrng Ihc Facll~hes or Equipment for chmgs rrequested by Customer or dmtcd by orcumstam= and cwrd~trons outstde GPC's contd (b) II ClrS1omerchmes to perform, 4heI UirecYly or lhrwgh another. any part ot the Fac~l~t~es rnsjdlatlon (Includmg, w~thoul hm~tatlon. lrenchl%]. Customer wamts that Its wvrk shall meet GPC's rnstallalon spexllcatrons (whrch shall be pmvtded to Customer and are tncorporatd by this reference) Cuslumer shall bear any and all reasonable add~!iml cask necess~taled by Customs<s noncunfl~ancewnh GPCs spcclf~cahms, or arnlrg from lack of trrnely (re, 10 days) mfrce lo GPC thal GPC's prtlon of the Facrlnles lnstallati~n can ctunrnence. (c) It 6 agreed teween lhe Parties that any damage tn mate utilities (~ncluding but not llmitedlo prrvate gas ltna, waler En-. and sewer tmes) on Ihe Prsrn~ses no! properly drsclosed rdentlfred and marked by Customer shdl no1 consltute negligence on the part d GPC, any Ims or damage there from shall be the sole responslb~lrty ot Customer 7 Facllltles Prolectron. Througholrf the term of thls Agreemenl, Custmer shll dorm Its personnel, -tractors and any other person(s) peflormrg conslwlon services a! Ihe Pre-rses (Thud Panles"7f the presence of !he Facllnies. Cusrmer shall require fbat all Thrrd Parttes (or anyone dlgglng in Lhe Facllllles' am) shap. be respns~he tor pmvldlng notices and locate requests ro The Ulll~r~es Prw!ecmn Cenler and lor cmrdlnatlng all actrvlllcs wnh Ihe U1l111es Protecuon Cemer and ~wth all Ulllity facl~rly owners or operaton as may be requrrd under the Georgla Utllry Facrl~ly Pmleclon Act (0 C.G A. § 25-8-1 el seq) or the High-voltage Safely Act (0 C G A 5 %-3-30 el sq 1, and any amendments to these Am As between Custwna and GPC. Customer shall kar any and all cwts (~ncldlng repaatlr costs) assoclaled w~ll fatlure to satisly the requrrements ol thm laws and Ior damages to the Fac~lll~es or Equ~pment mused by anyone dhwthan the GPC Partres IF THE FACILITIES ARE DAMAGED. CUSTOMER SHALL NOTIFY GPC AS SOON AS PGSSIBLE BY CALLING (883) 660-5090 10 report The locallon and typed darnaw 8 EEYY: NO WARRANTY, CUSTOYER ACKNOWLEDGES SOLE RESPONSIBILIP FOR THE SAFETV OF CUSTOMER'S PREMISES AND ACKNOWLEDGES THAT GPCS PERz31MANCE UNDER THIS AGREEMENT WES NOT CONSTITUTE. AN0 SHAU NOT BE CONSTRUED AS AN ASSUMPTION OF. ANY [SSLIGATION OR DUTY TO ENSU?E THE PREMISES SAFW GPC MAKES NO COVENAM. WARRANTY OR REPRESENTATION Of ANY KIND WHATSOEVER (INCLUDING. WITHOW LIMlTAflOM, WARRANTIES OF FITNESS FOR A PAFtflCULAR PURPOSE OR MERCHANTABILITY REGARDING THE EQUIPMENT. FACILITIES, OR ANY SERVICES UNDER THlS AGREEMENT 9 TAX STATUS CLS-OWEP ACKNC:',-FDGES -H4T G7l: 4kS "AEF AND MAKES. NO REPRESENTATION OR WARRANTY OF AMY KIND REGARDING THE 'qeEF'lhl_ -IEVEP!,= SEHVsCt S TREPTMEhT OF THlS TRAYSAClDN CR THE STATUS OF THlS AGREEMENT UNDER ANY FEDERAL OR STATE TAX LAW 1% ENTER-YG lNT9 TI IS hGREEME\T. AND WITH RtSPECT -0 ALL hlATEAS PERTAlNIWG TO TnlS AGREEMENT CUSTOMER RELlES SOLELY ON ITS OWN ADV'SORS AND NOT ON GPG 10 MI- Custmer shall be m default ol thrs Agreement II any amounl wed (whether for Monthly Charge for Outdoor Lrghlrng Services or charges under Secttons 2 or 6 ahuc) hm nol bm pard with~n 60 days ol brtlrng GPCs warver of one or more pas1 delaulls shall not be dawned a walver ot any other d@taUl! If Customers rrl defa~ll. GPC may, at 11s d~cretron, tmmdlately termmate this Agreement, conact all past due amounts and the Equrprnenl porrron or the Monthly Charge for Outdwr Llghftrq Se~ces lor the Agreement's remaining tenn remove the Equ~pmem Irur the Prern~ses, and seek any and an other rerned~es avarlable at law or ~rr eqully 11 lndernnitv No member, olflclal or employec D' Customershall be prsonally IlaHe to GPC orany sumssw In merea In tk event of any delaulr or breach by Cuslmer a. 13r any amount h~ch may become due to GPC or sumcs~or or on any obllgallon underthe terms of th~s Agrccmmk. Llkewse. GPCs perfomance of servlces under 491s Agreement shall no1 subled GPCs lndlvlduat mployees, offrcers or direaors to any personal l~abtlity The Panres agree that therr sole and exclw~e medy. calm. demand or su~t shall be dlrecteci andtor asserted only against GPC or Cuslorrer, respmrucly, and no? aga~nst any employee. ofllcer, dlrect01, or elecled or appornled oPkclal 12 Enl~re Agreement: Modificalion. Thls Agreemenl shall be governed by Gmrg~a law and 1s the mplele and axcluslve statement of the agreemenl between the Parhes regard~ng iLe Equipment Any and all oral or written reprsentai~ons. undersrand~ngs, or agreemenb berween the Parties wllh respect lo The Equipment are merged rnlo and supe~eded >y Ihls Agreement Any alleged pnor dealings, usage of trade. course of dealing a muse of perlomance shall h used lo explain or ~4Iwlemm: the express terms oi lhls Agrcemm Thls Agreement shall not be amended or modifled, ard no wawer ol any pmvlslon rn thrs Agreement shall be eflectrve unless 5el Iorlh tn a wrlllen document execrrled by authonred representatm of bottl Parties. 13 Gwrqla Secunly, Irnm!ar&ion & Compliance Act. It B the policy of Ihe Customer Ihat unauthor~zed allens ?.hat? no! be employed to perform work on Cusrorner mtracls lnvahrlng me phys cat pefforr?ncc cf servlcw Therelore, rhe customer shaft not errter inlo a contract tor the physrcat perlormance ol sewlces wdhln the Slate of Georgba unless GPC shal: prov~ae wdence oo Custmer -prov~ded forms, allached hereto as Exhltits *R and 3-. ol ~ts mmpllance with applicable state and IWeral The C!ty Manager or h&er des~gnee shall be authwrzed to COnduCl an ~nspcdlon of GPCs and GPCs subconlraclors' verlllcatlon prmess lo daenrne Ihar Ihe reratll~cahm rvas cotrecl and conplele. GPC and GPC's s~bcomractors shll retain all documents and records 01 ds vertllcalvln process lor a prld of three (3) years tollomng mrnplef~on 01 the contract Th~s raqulrwnent shall appfy to all contrads for the phplcal prlormance of senlces where more than three (31 persons are employed on the Customer mtiacl Cornpliaw w~th the requrremwls 01 0 C G A !j 13-lo-sl and Rule 300-10-1- 02 1s mandatory GPC agrees ma1 thf employeenumber catmory dasignated below IS applicable to the contractor. X 500 or more empfoyees -- 100 or more employees - Fewer than fW employees - GPC agrees that, in Ihe evml GPC employs or contracts wth any subwn!raclor(s) m cmnectlon wnh This Agrcemml, GPC mll secure frwn It& subconiraclorjs] such subcontraaot(s') ~ndcailon of lha above emptsyee-number category thal IS applicable to the subcontractor. GPC's compliance w'th !he requirements of 0 C G A 5 13-10-81 and Rule 3W-10- t- 02 shall be atfened by the execullon of Ice contractor's aflidavd anached as Exhlolt 'A ' The ahve requsrements shall be ~n addition to the recFJ~rernents of Stale and federa hw, and shall be construed to be In ~OnlOrmny mlh tnose laws. Pearce, Rick From: Sent: To : Cc: Subject: Drake, Daniel Wednesday, November 1 9,2008 $26 PM Pearce, Rick; Leaders, Sara Motes, Roddy FW. Revised Street Lighting Agreement Rick/Sara: Please add this email to the cover sheet materials for the Mayor's signature. Thanks ! Just to clarify and in response to Paul's note below, I am comfortable with the language In Paragraph 5. Daniel E. Drake, PE, AICP Director of Public Works, City of Milton 404.418.8179 dan.drake@cityofmlltonga.us ----- Original Message----- From: Paul Higbee [mailto:phigbee@jarrard-davis.com] Sent: Wednesday, November 19, 2008 5:34 PM To: 'Canady, William H. ' Cc: Drake, Daniel; Motes, Roddy; 'Adjei, Latanza W.' Subject: RE: Revised Street Lighting Agreement William, If the City is comfortable with the additional language you added in Paragraph 5 regarding warranties of the individual executing the document on the City's behalf, I am comfortable with this incarnation of the agreement. Paul N. Hlgbee, Jr. Attorney at Law Jarrard & Davis, LLP 105 Pilgrim Village Drive Suite 200 Cming, Georgia 3004 0 v 678-455-7150 f 678-455-7149 phigbee@jarrard-davis.com ----- Original Message----- From: Canady, William H. [mailto:whcanady@southernco.com] Sent: Wednesday, November 19, 2008 5:30 PM To: Paul Higbee Cc: dan.drake@cityofmiltonga.us; Motes, Roddy; Ad2ei, Latanza W. Subject: Revised Street Lighting Agreement Paul, This is the revised street lighting agreement that included your last request regarding my signature. Thanks, William Canady Georgia Power Company Lighting Services office # 770-740-7660 fax 8 770-740-3670 Pearce. Rick From: Sent: To: Cc: Subject: Drake, Daniel Wednesday, November 19,2008 8:24 PM Leaders, Sara; Pearce, Rick Motes, Roddy; Smedley, Mortimer; Marchiafava, Jeanette; Messer, Fonda; Paul Higbee (phigbeeajarrard-davis.com) FVV: Revised Street Lighting Agreement MiftonCrabappleCro ssing2ndRevi ... Sara: Please prepare a Rick: Please get the Mayor to sign to Sara for Dec 17th consent agenda memo for consent agenda for Dec 17th. this, with our cover sheet, and provide copy of signed Thanks ! Let's see if we can get this signed and back to Georgia Power by this Friday. Roddy: Please provide update to the HOA and let Angie know so she can close out this work order. Please also follow-up with Sara and Rick about the status on Friday. Daniel E. Drake, PE, AICP Director of Public Works, City of Milton 404.418.8179 dan.drake@cityofmiltongaaus ----- Original Yessage----- From: Canady, William H. [mailto:whcanady@southernco.corn] Sent: Wednesday, November 19, 2008 5:30 PM To: Paul Higbee Cc: Drake, Daniel; Motes, Roddy; Adjei, Latanza W. Subject: Revised Street Lighting Agreement Paul, This is the revised street lighting agreement that included your last request regarding my signature. Thanks, William Canady Georgia Power Company Lighting Services office # 776-740-7660 fax # 770-740-7670 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on November 25 for December 15, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Wu & Huang Enterprises, Inc d/b/a Ru San’s Milton CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to Ru San’s Milton 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: Wu & Huang Enterprises, Inc d/b/a Ru San’s Milton Owner(s) Name: Kent Wu Business Address: 13085 Highway 9N, Unit #440 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Mort Smedley, Interim City Manager Alice Walker, Director of Community Development Chris Lagerbloom, Public Safety Director Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 1 of 21 ZM08-08/VC08-07 PETITION NUMBER(S): ZM08-08 VC08-07 PROPERTY INFORMATION ADDRESS Webb Road (South Side) DISTRICT, LAND LOT 2/2, 1048 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) Z05 -029 (ZM05-063) EXISTING USE Undeveloped and single family residence PROPOSED USE Office PETITIONER Ken Morton, Webb Road Associates ADDRESS 2915 Webb Road PHONE 770-475-3138 APPLICANT’S REQUEST: To modify Condition 2.a. of 05Z-029 (ZM05-063), to revise the approved site plan in order to provide 33,286 square feet of two-story office buildings. The applicant is requesting two concurrent variances: 1) To reduce the side yard setback from 20 feet to 10 feet along the east and west property lines (Article 8.1.3.C). 2) To reduce the minimum rear setback from 25 feet to 10 feet along the south property line (Article 8.1.3.D). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-08– APPROVAL CONDITIONAL VC08-07 - PARTS 1 and 2 - APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 2 of 21 ZM08-08/VC08-07 ZM08-08/VC08-07 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 3 of 21 ZM08-08/VC08-07 SITE PLAN SUBMITTED November 4, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 4 of 21 ZM08-08/VC08-07 Condition to be Modified: (Z05-029) 1. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on August 26, 2005 (ZM05-063). 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to the application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation: The subject site is currently undeveloped and zoned O-I (Office-Institutional) pursuant to Z05-029. Under the existing zoning, the Fulton County Board of Commissioners approved Office/Institutional and accessory uses at a maximum density of 12,844.32 square feet of gross floor area per acre zoned. Under the original 2005 rezoning, the associated legal description contained 3.34 acres permitting a total of 42,900 square feet to be developed. The chart below depicts the difference between the original zoning pursuant to Z05-029 and its maximum amount of square feet allowed and the current request for a modification of zoning pursuant to ZM08-08 and its associated legal description that currently contains 2.80 acres. This reduction in acreage was caused by the applicant’s previous rezoning pursuant to RZ07-018 that was approved by the Mayor & City Council on December 13, 2007 which included 0.54 acre that was originally within the original Z05-029 zoning as depicted on the diagram below. Z05-029 ZM08-08 Approved Density 12,844.32 Sq.ft./acre 12,844.32 Sq.ft./acre Acres 3.34 2.80 Proposed Square Feet Of Office 42,900 sq.ft. 33,286 sq.ft. Proposed Density 12,844.32 Sq.ft./acre 11,877.86 Sq.ft./acre Proposed Number of Buildings 4 buildings 3 buildings Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 5 of 21 ZM08-08/VC08-07 Proposed Bldg Height 2 stories 2 stories Parking The revised site plan indicates 109 parking spaces. The Zoning Ordinance requires 3 parking spaces per 1,000 square feet of general office or 100 spaces Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 6 of 21 ZM08-08/VC08-07 for this development. It appears that the site plan is also in compliance with the requirement of a landscape island every 6th space except where the underground detention is located on the southern portion of the site. The applicant is also providing inter-parcel access with the parcel to the east. Requirement Spaces Required Spaces Provided Office (33,286 sq. ft.) 3 spaces per 1,000 sq. ft. 3/1000 x 33,286 = 100 spaces 100 spaces 109 spaces (+9) Stream Buffer Located on the site is a spring head and blue line stream (“state waters”) that begin on the southern portion of the site and flows to the north toward Webb Road. When the applicant’s rezoning Z05-029 was approved by the Fulton County Board of Commissioners on June 1, 2005, a 25-foot undisturbed stream buffer was required for this site. It was stated in the minutes of the meeting that although the Fulton County Stream buffer requirement had increased to 50 feet and an additional 25-foot impervious setback on May 4, 2005, the subject site was “grandfathered” and only required to meet the less restrictive undisturbed buffer of 25-feet. The State requires a 25-foot undisturbed buffer concurrently with the City’s 50- foot undisturbed buffer beginning at the point of wrested vegetation. An additional 25-foot impervious surface is required outside of the 50-foot undisturbed buffer for a total of 75 feet on each side of the stream bank (City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (a ) i. and ii.). See the diagram below: Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 7 of 21 ZM08-08/VC08-07 The applicant received a stream buffer variance for the State’s 25-foot buffer from the Corps of Engineers on June 29, 2005 to pipe the stream as well as a permit from the Georgia Environmental Protection Division’s Watershed Protection Branch on March 27, 2006. In addition, this project has been approved by the Fulton County Soil Water Conservation District on February 27, 2008. The applicant submitted a variance (V08-005) to be heard by the City of Milton Board of Zoning Appeals (BZA) on February 19, 2008 as required by City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (b). On February 26, 2008, the City of Milton BZA approved (Vote: 7-0) the variance with conditions as follows: 1. The pipe and rip rap shall be installed as shown on plans dated 8/6/07. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 8 of 21 ZM08-08/VC08-07 2. Other encroachments are allowed, as shown on plans, conditional to Mayor and City Council’s approval of the site plan. Based on the approval of the piping of the stream as shown on the site plan, the stream buffers and impervious setback are eliminated south of the headwall. Staff has confirmed with the State EPD that the buffer radials shown on the January 28th site plan are eliminated based on the approval of the installation of the pipe. Therefore, the November 4, 2008 site plan shown on page 3 of this report reflects the removal of the radials above the headwall. The City of Milton Board of Zoning Appeals approved the piping of the stream. City Arborist Tree #1 – 26” Pine: Tree is in good health. Parking may jeopardize the integrity of this tree. Tree #2 – 41” Oak: Declining large oak tree has four to five major branch failures and some tip dieback. The tree is growing on a slope and Stormwater is undermining the tree. Life expectancy of this tree is less than 20 years. Tree is destined for removal due to underground detention and parking. Trees #3 & #4 – 28” Poplars: Both healthy trees. Will be impacted or removed for building and/or parking. Tree #5 – 31” Poplar: Not to be disturbed, to remain. Tree #6 – 29” Poplar: Tree may be impacted by future road widening or deceleration lane. All trees that are removed or impacted shall have recompense. As many recompense trees as possible shall be planted on site. Any remaining recompense not planted will either be planted at a location determined by the Arborist or the cost of remaining trees plus installation cost will be contributed to the City Tree Fund. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 9 of 21 ZM08-08/VC08-07 Tree #2- 41” Oak Tree #2 – 41” Oak Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 10 of 21 ZM08-08/VC08-07 Tree #3 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 11 of 21 ZM08-08/VC08-07 Tree #4 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 12 of 21 ZM08-08/VC08-07 Tree #6 - 29” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 13 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 14 of 21 ZM08-08/VC08-07 The site plan shows compliance with the future land use designation and there is minimal impact of the existing 25-foot impervious setback. The surrounding zonings are C-1(Community Business), C-2 (Community Business) (where a 15- foot retaining wall abuts the subject site) and O-I (Office-Institutional) with exception of the AG-1 property to the west. Along this west property line the stream buffer remains as well as the required 25-foot undisturbed buffer adjacent to residential/AG-1 (Agricultural) zonings. In Staff’s opinion, the proposed modification of site plan will have a minimal adverse impact on adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM08-08 to modify condition 2a to modify the site plan for 05Z-029. CONCURRENT VARIANCES The applicant requested three concurrent variances in his original submission; 1) To reduce the side yard setback from 20 feet to 10 feet along the east and west property lines; 2) To reduce the minimum rear setback from 25 feet to 10 feet along the south property line; 3) To reduce the 10-foot landscape strip to the extent possible to allow for a retaining wall within the 10- foot landscape strip. Since that time, the applicant no longer needs to request Part 3 as he has reconfigured the site to meet the required 10- foot landscape strip. Therefore, this petition is only requesting a 2-part concurrent variance. Pursuant to Article 22.3.1 of the City of Milton Zoning Ordinance, Staff is of the opinion that the strict application of the side yard setback may be relaxed due to extraordinary and exceptional conditions pertaining to this property due to its topography. Such strict application would create an unnecessary hardship for the owner while causing no detriment for the public. Attached are letters of support from the adjacent property owners that are affected by the requested reduction of building setbacks. The abutting properties are zoned C-1 (Community Business), C-2 (Community Business) and O-I (Office-Institutional) except for a portion of the western property line which is buffered by the stream and an additional 25-foot buffer adjacent to AG-1 (Agricultural). There is also a 15-foot high retaining wall along the subject site abutting the C-2 parcel (Katy’s Car Wash) along the east property line where the applicant is seeking the building setback reduction from 20 feet to 10 feet. Staff recommends that if the Mayor & City Council approves the concurrent variance to reduce the building setback, the applicant shall provide additional planting within the 10-foot landscape strip along the south property line and west property line adjacent to the property zoned C-1 (Community Business). Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 15 of 21 ZM08-08/VC08-07 Therefore, Staff recommends APPROVAL CONDITIONAL of Parts 1 and 2 of VC08- 07. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 16 of 21 ZM08-08/VC08-07 CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (Z05-029, ZM08-07) should be revised to read as follows: 2. To the owners agreement to abide by the following: a. To the revised site plan received by the Community Development Department on November 4, 2008. (ZM08-07). This 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to the application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owners’ agreement the following site development considerations: b. To provide a 10-foot building setback along the east and west property lines (VC08-07, Part 1). c. To provide a 10-foot building setback along the south property line (VC08-07, Part 2). d. To provide a 10-foot landscape strip planted to buffer standards along the south property line. e. To provide a 10-foot landscape strip planted to buffer standards along the west property line adjacent to C-1 (Community Business) including areas that are disturbed behind Building 3000 (SW Corner). f. To reduce parking to the minimum required spaces per Article 18.2.1 of the Zoning Ordinance. g. To save trees numbered 1, 3, 4, and 5 as depicted on “Tree Location Map” ; if not able to save the said trees as determined by the Director of Public Works and the Director of Community Development than applicant shall recompense with 6” caliper trees. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 17 of 21 ZM08-08/VC08-07 h. Provide a black four-board-equestrian-styled fence adjacent to the side walk between the sidewalk and the development or as approved by the Director of Community Development. 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Dedicate at least 45 feet of right-of-way from centerline of Webb Road. b. Provide asphalt overlay along entire frontage as directed by the Director of Public Works for Milton. c. Provide six 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 as approved by the Public Works Director for Milton. d. Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Public Works Director for Milton. i. Site driveway on Webb Road shall be located a minimum of 300’ from other driveways or as approved by Milton Public Works Director for Milton. ii. Site driveway on Webb Road to provide a minimum 40’ of uninterrupted queue length measured from stop bar behind crosswalk or as approved by Public Works Director for Milton. iii. The proposed driveway on the property to the east on Webb Road shall provide a minimum 60’ of uninterrupted queue length measured from stop bar behind crosswalk or as approved by Public Works Director for Milton. 5) To the owner’s agreement to abide by the following: a. The water quality and detention facilities shall utilize earthen embankments or underground, 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. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 18 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 19 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 20 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 15, 2008 12/3/2008 Page 21 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 1 of 17 RZ08-10 R/A Z00-28 PETITION NUMBER(S): RZ08-10 PROJECT NAME Home Fashion Center PROPERTY INFORMATION ADDRESS 622 N. Main Street DISTRICT, LAND LOT 2/2 1109, 1124 OVERLAY DISTRICT SR 9 EXISTING ZONING C-2 (Commercial) Z00-028 PROPOSED ZONING C-1 (Community Business) ACRES 2.26 EXISTING USE Single Family Residence PROPOSED USE Retail Home Fashion Center OWNER David Burre, Edward Jones, Custodian ADDRESS 11660 Alpharetta Hwy, Suite 100 Roswell, GA 30076 PETITIONER/REPRESENTATIVE Larry Singleton, EDT Real Estate, LLC ADDRESS 1705 Enterprise Way, Suite 200 Marietta, GA 30057 PHONE 770-980-0400 INTENT To develop a 28,260 square foot home fashion center at a density of 12,504.42 square feet per acre on 2.26 acres Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 2 of 17 RZ08-10 R/A Z00-28 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 3 of 17 RZ08-10 R/A Z00-28 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 4 of 17 RZ08-10 R/A Z00-28 SITE PLAN – October 7, 2008 Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 5 of 17 RZ08-10 R/A Z00-28 SUBJECT SITE SUBJECT SITE: The subject site contains 2.26 acres with a single family residence. It is currently zoned C-2 (Commercial) pursuant to Z00-28 approved for a total of 18,673 square feet or a density of 8,262.39 square feet per acre. Standards of Review (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed retail facility, if developed with Staff’s Recommended Conditions, is suitable for the subject site given the existing and anticipated commercial development in the surrounding area. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 6 of 17 RZ08-10 R/A Z00-28 B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff’s opinion, the proposed retail use will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance with the Recommended Conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use as currently zoned. D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services and facilities. However, some impact on the transportation system is expected but should be mitigated with compliance to the Recommended Conditions for project improvements. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed retail use is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. The petition is also consistent with Board Policy and similar uses in the area. A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Retail/Service Commercial Proposed use/density: Retail/Commercial – 12,504.42 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Retail/Service Commercial on the surrounding properties to the east, south and southwest of the subject site. Further to the north the Plan suggests Residential 2-3 and further to the south Residential 3-5 units per acre. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 7 of 17 RZ08-10 R/A Z00-28 • Encourage development in areas where basic public facilities exist or are being improved, and discourage development in areas which would require inefficient or uneconomical extension of public facilities. • Encourage a broad range of business types and an even distribution of employment centers among the major divisions of the City. F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? There are no conditions affecting the use of this property. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use is not considered environmentally adverse affecting natural resources, the environment, or the citizens of the City. Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 Z88-94 M-1 (Light Industrial) Public Storage Mini Warehouses 85,650 Total Sq. Ft 13,757 Sq.Ft./Acre East 2 City of Alpharetta Stonewood Village Shopping Center Further East 3 City of Alpharetta One Star Ranch Farthest Southeast 4 City of Alpharetta Advance Auto Parts Far Southeast 5 City of Alpharetta Undeveloped lot Southeast 6 05Z-031 TR Conditional (Henderson Landing Subdivision) 6.57 units/acre Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 8 of 17 RZ08-10 R/A Z00-28 Southeast 7 Z01-058 C-1 Conditional Southeast 8 Z04-095 MIX (Mixed Use) Watercrest Village: Shopping Center and Townhomes Residential- 3.12 units/acre Retail- 2,093.4 sq. ft./acre Office- 897.13 sq. ft./acre Further South 9 Z96-27 City of Alpharetta Winthrope Chase S/D 5 units per acre South 10 Z06-75 C-1 Community Business 14,000 Total Sq.Ft. 6,698.57 Sq.Ft./Acre South 11 Z95-72 C-2 (Commercial) Offices – Existing Milton Office Park 24,000 Total Sq.Ft. 6,231 Sq.Ft./Acre Southwest 12 Z94-008 City of Alpharetta C-1 Conditional Telephone Substation 32,309.74 sq.ft./acre Southwest 13 Z01-092 City of Alpharetta C-1 Conditional Southwest 14 Z82-069 City of Alpharetta C-2 Conditional 20,000 Total sq.ft. 40,000 sq.ft/acre Southwest 15 City of Alpharetta Shell Gas Station Southwest 16 City of Alpharetta Orchards Hopewell Subdivision Far West 17 City of Alpharetta Scattered Single Family 1+ acre lots West 18 City of Alpharetta C-2 Commercial Undeveloped West 19 Commercial Retail; Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 9 of 17 RZ08-10 R/A Z00-28 City of Alpharetta Chalk Champions West 20 Z93-29 C-1 (Community Business) Uniform Depot 6,500 Total Sq.Ft. 8,125 Sq.Ft./Acre Northwest 21 Subdivision Z98-81 CUP (Community Unit Plan) 2.5 units per acre EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 10 of 17 RZ08-10 R/A Z00-28 #20-Uniform Depot located to the west zoned C-1 (Community Business) #1 - Public Storage located to the east zoned M-1 (Light Industrial) Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 11 of 17 RZ08-10 R/A Z00-28 #8 - Watercrest S/C located to the south zoned MIX (Mixed Use) #10 -Property to the south zoned C-1 (Community Business) Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 12 of 17 RZ08-10 R/A Z00-28 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 7, 2008, Staff offers the following considerations: Hwy 9 Overlay District BUILDING SETBACKS In accordance with Article 9.1.3 of the Zoning Ordinance require the following building setbacks: Front – 40 feet along North Main Street (SR9) Sides – 0 Feet Rear – 0 Feet The site plan indicates compliance with the setback requirement. BUILDING HEIGHT The applicant indicates that the proposed building height will not exceed 15 feet from average grade which is in compliance with the Highway 9 Overlay District. LANDSCAPE STRIPS AND BUFFERS Article 12G.4 Section A1 of the State Route 9 Overlay District requires a twenty (20) foot-wide buffer. Article 12G.4 Section A.3 further states that for every thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. The east and north property lines adjacent to M-1 (Light Industrial) require a 5- foot landscape strip. The western property lines adjacent to C-1 and Commercial in the City of Alpharetta require a 10-foot landscape strip. The applicant’s site plan shows compliance with the requirement. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 13 of 17 RZ08-10 R/A Z00-28 • Retail Service Commercial 21,060 square feet Storage/Receiving 7,200 square feet Total • 5 spaces per 1,000 sq. ft. of building area 105 spaces required 1 space per 2,000 sq.ft. of Building area 5 spaces required 110 spaces required 99 spaces required with admin. variance 99 spaces provided Staff notes that the applicant is providing 99 parking spaces, which does not meet the required 110 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. The applicant in the Letter of Intent is asking for an administrative variance to reduce the parking by 10% or 11 parking spaces. The Community Development Director approves this request and therefore the number of parking spaces provided meets the requirement for parking on this site. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12G.4. Section F. OTHER CONSIDERATIONS Staff notes that there are at least 2 retaining walls on the site which must comply with Article 12.G.4.C.3 which states, “Retaining walls shall be faced with or constructed of stone, brick or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. In addition, the site plan does not indicate the required bicycle parking area pursuant to 12.G.4.H.5. Both the building and the site must comply with Article 12G, State Route 9 Overlay District, at the time of the Certificate of Occupancy. ARBORIST COMMENTS Heavily wooded site which appears will have almost all trees removed. With current plan, may be able to save 2 specimen pine trees. Required tree density count of 67.5 units will be almost completely eliminated. Density replacements would be 135 - 4” caliper trees. Recompense plantings may be as much as 122 – 4” caliper trees. With current plan, it is highly unlikely the required trees can be planted on the site. Specimen Trees on site: 5 – 24” pines Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 14 of 17 RZ08-10 R/A Z00-28 1 – 26” pine 1 – 26” pine 1 – 20” poplar PUBLIC INVOLVEMENT On October 29, 2008 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were no members of the community in attendance. Public Comments – Staff has not received any comments from the community regarding this development. City of Milton Design Review Board Meeting – November 5, 2008 The following comment was made by the DRB: • Site development density is too great. • Asking for administrative variance for reduction in parking because of the density shown. • Proposed development requires extensive retaining walls 10' from property line and in some cases do not allow for vegetative screening required by ordinance. Retaining walls must meet Overlay requirements. • Tree density for tree recompense needs to be substantially supported on site per Arborist report. • Sidewalk across front of property, sidewalk to building entrance from public R/W per ADA requirements. • Bicycle parking per Ordinance. Public Notice Requirements The rezoning petition has met all of the required Public Notice Requirements. CONCLUSION The proposed development is consistent with Plan Policies and Board Policy for the development of C-1 (Community Business) to develop a home fashion retail center. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ08-10 with the following Recommended Conditions. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 15 of 17 RZ08-10 R/A Z00-28 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED C-1 (Community Business) 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) Retail Commercial and accessory uses, at a maximum density of 12,504.42 gross floor area per acre zoned or a total gross floor area of 28,260 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 7, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide 30’ wide cross-access easements free of any structures or utilities for future vehicular and pedestrian inter-parcel access points on the east and west property lines and on the south side of the northwest section of property as approved by the Director of Public Works. b) All building entrances shall have a direct connection to the sidewalk network and to the three cross-access points. c) 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. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 16 of 17 RZ08-10 R/A Z00-28 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Reserve the necessary Right of Way along the necessary property frontage of SR 9/North Main Street, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the Right of Way Ordinance. b) Dedicate at no cost to GDOT prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the Right of Way for the approved final site plan including the following: i) Provide the following road improvements as approved by the Transportation Engineer for Milton and GDOT: 1) East bound left turn lane with 90’ of storage on SR 9 at site driveway 2) Striping for west bound left turn lane with 60’ of storage on SR 9 at Rex Theater property 3) Concrete barrier or pylons within striping to the east of property as approved by GDOT ii)Provide six foot wide concrete sidewalk along the entire SR 9 frontage of the property located no more than 1 foot off the Right of Way line and no less than 5 feet behind the back of curb or as approved by the Director of Public Works.. c) 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 and GDOT. 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. Prepared by the Community Development Department for the Planning Commission Meeting on November 25, 2008 12/3/2008 Page 17 of 17 RZ08-10 R/A Z00-28 b. The water quality and above-ground 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. Above-ground 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 above-ground 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. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _______ A RESOLUTION AMENDING RESOLUTION NO. 08-12-54, A RESOLUTION TO CREATE THE MILTON PARKS AND RECREATION ADVISORY BOARD AND TO ADOPT THE MILTON PARKS AND RECREATION ORDINANCE BY ADDING BOARD MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on December ___ 2008 at 6:00 p.m. as follows: SECTION 1. That (To Be Determined) (Mayor’s Appointment) is hereby appointed for a term commending ________ and ending December 31, 2009; and SECTION 2. That Mark Reed (District 1) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That Lauren Jackson (District 3) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; and SECTION 5. That (To Be Determined) (District 4) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 6. That Tom Mulroy (District 5) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; and SECTION 7. That Sandra Sheley (District 6) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this ____ day of December 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk STATE OF GEORGIA RESOLUTION NO. _________ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12-55, A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE HIGHWAY 9 DESIGN GUIDELINE COMMITTEE FOR POTENTIAL REVISION TO THE HIGHWAY 9 OVERLAY DISTRICT OF THE CITY OF MILTON ZONING ORDINANCE BY ADDING COMMITTEE MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of December 2008 at 6:00 pm. as follows: SECTION 1. That Dennis Potts (Mayor’s Appointment) is hereby appointed for a term commending December 1, 2008 and ending December 31, 2009; That (To Be Determined) (Mayor’s Appointment) is hereby appointed for a term commencing _________________ and ending December 31, 2009; and SECTION 2. That Rick Mohrig (District 1) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined) (District 1) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That Rodney H. Reese (District 3) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined) (District 3) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 5. That (To Be Determined) (To Be Determined) (District 4) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 6. That Adam Orkin (District 5) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined) (District 5) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 7. That Brenda Hemphill (District 6) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2011; That (To Be Determined)(District 6) is hereby appointed for a term commencing __________________ and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this ___ day of December, 2008. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. _________ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12-56, A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE HISTORIC PRESERVATION COMMITTEE FOR DEVELOPMENT OF A HISTORIC PRESERVATION ORDINANCE FOR THE CITY OF MILTON BY ADDING COMMITTEE MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of December 2008 at 6:00 pm. as follows: SECTION 1. That (To Be Determined) (To Be Determined) (Mayor’s Appointments) is hereby appointed for a term commending December _____ 2008 and ending December 31, 2009; and SECTION 2. That Gordon Hunter (District 1) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; That (To Be Determined) (District 1) is hereby appointed for a term commencing ______________ and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That Norman Broadwell and William S. Bates Advisory Member (District 3) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; and SECTION 5. That (To Be Determined) (To Be Determined) (District 4) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 6. That J. T. Adams and Travis Allen (District 5) is hereby appointed for a term commencing December 1, 2008 and ending on December 31, 2009; and SECTION 7. That (To Be Determined) (To Be Determined) (District 6) is hereby appointed for a term commencing _________________and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption; RESOLVED this ___ day of December, 2008. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION AMENDING RESOLUTION NO. 08-04-32, 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 December 1, 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. Sandra Sheley shall be appointed by Councilmember Alan Tart; 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 1st day of December 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION TO CREATE A STAKEHOLDER ADVISORY COMMITTEE FOR CITY OF MILTON TRANSPORTATION PLAN BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a regular Council meeting on December __, 2008 at 6 p.m. as follows: SECTION 1. A seven-member Stakeholder Advisory Committee (SAC) is hereby authorized to be be formed to provide input and recommendations to the project team in development of the City of Milton Transportation Plan, and shall be nominated as follows: the City Council members shall each nominate one member to the committee who resides in their respective City Council District, and the Mayor shall nominate one at-large member; and SECTION 2. Appointment of nominated members shall be upon majority vote of the City Council; SECTION 3. The project team includes City Staff and Kimley-Horn and Associates, Inc., the Consultant for the plan. SECTION 4. The Stakeholders Advisory Committee will assist the project team in identifying issues, challenges, and opportunities, preparing materials for public meetings and workshops, and conveying information about the study to the larger community. SECTION 5. The SAC term shall commence January 5, 2009 and shall include up to six SAC meetings before term expiration on December 31, 2009. SECTION 6. That this Resolution shall become effective upon its adoption. RESOLVED this ______day of December, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION TO CREATE A CITIZEN ADVISORY COMMITTEE FOR CITY OF MILTON CONCEPT PLANS FOR THE INTERSECTIONS OF BIRMINGHAM AT PROVIDENCE AND ARNOLD MILL AT NEW PROVIDENCE BE IT RESOLVED by the City Council of the City of Milton, GA while in a council meeting on December ____ 2008 at 6 p.m. as follows: SECTION 1. A seven-member Citizen Advisory Committee (CAC) is hereby authorized to be formed to provide input and recommendations to the project team in development of concept plans for the intersections of Birmingham at Providence and Arnold Mill at New Providence, and shall be nominated as follows: the City Council members shall each nominate one member to the committee who resides in their respective City Council District, and the Mayor shall nominate one at-large member; and SECTION 2. Appointment of all nominated members shall be upon majority vote of the City Council; and SECTION 3. The project team includes City Staff and Street Smarts, Inc., the Consultant for the plans. SECTION 4. The CAC term shall commence January 5, 2009 and shall include up to four CAC meetings before term expiration on December 31, 2009. SECTION 5. That this Resolution shall become effective upon its adoption. RESOLVED this _____ day of December, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Dan Drake, Public Works Director Date: December 2, 2008 for the December 15, 2008 Council meeting Agenda Item: “Approval of task orders for concept studies of Birmingham at Providence intersection for $116,434.06 and Arnold Mill at New Providence intersection $70,496.70 with Street Smarts, Inc.” Recommendation: The Staff recommends the City approve the task orders for concept studies of Birmingham at Providence and Arnold Mill at New Providence Intersections with Street Smarts, Inc. Background: Kimley-Horn, Street Smarts, and URS were selected for on call planning and engineering services based upon their qualifications and response to the City’s request for qualifications. The zero dollar contracts with these Consultants were presented to City Council for approval on October 20. The objective of these five year contracts is to have professionals and consultants available for small or large engineering and planning tasks/projects as defined by task orders. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the original RFQ 08-001 that was issued by the City of Milton Public Works Department on June 5, 2008. Individual project work will be defined by task orders. All task orders are subject to the terms and conditions of these three master agreements. Task Orders shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. These task orders for concept studies of both intersections include public involvement, concept development, and environmental document phases. The cost for the task order for Birmingham at Providence is $116,434.06 and for Arnold Mill at New Providence is $70,496.70. The Federal cost for Birmingham at Providence is $93,147.25 and the local City match cost is $23,286.81. The Federal cost for Arnold Mill at New Providence is $56,397.36 and the local City match cost is $14,099.34. Both intersection projects are 80% federally funded by the Georgia 400 Improvements Earmark with a 20% local City match. The City has secured funding in the FY 07 and 08 budgets for the 20% match for Preliminary Engineering for both projects. The City should be receiving a fully- executed Project Framework Agreement (PFA) documents from GDOT on PI0005448 Birmingham Hwy 372 at New Providence/ Providence Road and PI0000533 Arnold Mill Road SR140 at New Providence Road by December 15, 2008. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Attachments: Task order for Birmingham at Providence Intersection Task order for Arnold Mill at New Providence Intersection Concurrent Review: Legal Review PROFESSIONAL ENGINEERING SERVICES CONTRACT AGREEMENT WITH STREET SMARTS, INC. DATED ___________________ TASK ORDER 09-SSI-02 CONCEPT STUDY FOR BIRMINGHAM AT PROVIDENCE INTERSECTION SCOPE OF SERVICES This TASK ORDER between the parties is entered into pursuant to the above referenced CONTRACT AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as authorization by the City of Milton to Street Smarts, Inc. (“Consultant”) to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the CONTRACT AGREEMENT (RFQ #08-001). Now therefore, the parties agree as follows: Description of PROJECT: The PROJECT consists of a concept study for intersection improvements to SR 372 Birmingham Hwy. @ CR 27 Providence/New Providence Rd. in North Fulton County, G.M.D. 121. Description of Professional Services: The services to be furnished by the CONSULTANT under this Agreement shall be those necessary to design by a Computer Aided Design and Drafting (CADD) System and provide both hard copy and electronic files for: concept development, data base preparation, preliminary plans and layouts and necessary public involvement for the PROJECT. The allowable CADD systems to be used for this Agreement shall be Microstation, CAiCE (most current GDOT approved version), Hydrain, SYNCHRO, HCS, and NETSYM. The CONSULTANT shall not use any other design, drafting or coordinate geometry software unless approved by the CITY. Plans shall be prepared in accordance with the GDOT standards and CITY standards as to design criteria, procedures, and format. The CONSULTANT shall prepare all written specifications in the usual format used by the CITY. The CONSULTANT shall provide all materials required for the preparation of the plans, supplemental specifications, and special provisions. The CONSULTANT shall receive the CITY'S written approval to proceed with any phase of the PROJECT. Failure to receive such approval will result in the CONSULTANT assuming all costs for that phase until written approval to proceed has been obtained from the CITY. The PROJECT plans shall be developed as follows: PHASE 0 – PUBLIC INVOLVEMENT CONSULTANT will conduct a series of four (4) Citizen Advisory Committee meetings for this PROJECT combined with Arnold Mill at New Providence intersection being studied and one (1) PIOH that will present information for both intersections. Below is a detailed description of these meetings. Citizen Advisory Committee (CAC) With assistance from the City of Milton, a representative group of stakeholders will be appointed to each CAC and will meet a total of four (4) times to discuss project issues and concerns. Once the two (2) CAC’s are created, Street Smarts will conduct the following meetings with each CAC: • Meeting #1: Initial meeting with CAC to present alternatives for the subject intersection and to discuss constraints. • Meeting #2: Discuss intersection alternatives including revisions that were identified during Meeting #1. • Meeting #3: Presentation of the preferred alternative and design details for the alternative. • Meeting #4: Presentation of the preferred intersection alternative to the City Council with the CAC in attendance. (CAC will have the option of presenting the alternative to the Council if they so choose.) Public Information Open House (PIOH) Street Smarts will also conduct one (1) Public Information Open House (PIOH) between CAC Meeting #3 and Meeting #4. The purpose of the PIOH is to present the public with the preferred alternative for each intersection. Typically a PIOH is an informal meeting with an open house format that generally lasts two to three hours. The goal is to inform the public of a project that is proposed in their area, gather information from the public and to receive comments from the public about the proposed project. No formal presentations are made at these meetings; however, handouts describing the proposed project and maps showing the proposed project area are available for everyone attending. City of Milton representatives (including Street Smarts staff working on the project) must attend these meetings and must be prepared to discuss the project and answer questions. Additional Tasks Street Smarts has also identified additional tasks that would enhance the public involvement process for this project. These tasks include: • Project Website: One (1) stand-alone project website will be created as a general information exchange tool. The site will present information related to both intersection improvement projects and will include related items such as project description, project status updates, proposed intersection alternatives, CAC meeting minutes, upcoming meeting dates and project contact information. If the City so chooses, the website could also be equipped with a password protected area for CAC members to communicate between meetings. • Electronic Newsletter: A maximum of (4) electronic newsletters will be created to present information related to both intersection improvement projects. The newsletters, which will be distributed via e-mail, will include project related information such as project description, project status updates, proposed intersection alternatives, upcoming meeting dates, a response to comments summary after the PIOH, and project related contact information. • Traffic Simulation of each Intersection on the Website: A traffic simulation of each alternative will be created using Synchro/SimTraffic and will be posted on the project website. This real-time simulation will illustrate existing intersection conditions. Additional simulations can also be created to illustrate future proposed alternatives and the preferred alternative for each intersection. Project Deliverables Deliverables for these tasks include: 1. Electronic copy of Invitation Lists(s) and copy of letter(s) distributed to list of invitees for CAC and PIOH meetings. 2. CAC meetings minutes for distribution to the City and anyone requesting a copy, including questions and answers. 3. Electronic copies of any handouts, maps and graphics, charts, and comment cards needed for the CAC meetings and PIOH. 4. Electronic copies of Public Notices developed and produced for the PIOH. 5. Summary of questions received and responses to all PIOH comments. 6. Electronic copies of all newsletters. PHASE I - CONCEPT DEVELOPMENT Concept Development includes exploring various alternatives to improve operations of the facility and surrounding facilities, both existing and under development, in order to have a high degree of confidence that the best alternative is selected. The CONSULTANT shall gather from the CITY available data and information pertinent to the preparation of the PROJECT plans the CITY has in its possession and requested by the CONSULTANT. The CONSULTANT shall check and verify the data and information furnished by the CITY for accuracy and sufficiency. Any errors, omissions, or insufficiency in the data furnished by the CITY shall be corrected or supplemented by the CONSULTANT. The CONSULTANT shall submit a PROJECT Management Plan (PMP) for the CITY’S review and approval within 30 days of the CITY’S authorization to proceed with Phase I. The PMP is to provide all PROJECT personnel with the basic information needed to complete their assignments on time and within established budgets while meeting the requirements of the PROJECT. The PMP shall include a minimum of: 1. A distribution list of the key contact people 2. A paraphrased scope of work detailing the responsibility of the key people 3. A schedule of deliverables (updated when necessary) 4. Budget, expenses, and billing procedures (internally to the CONSULTANT) 5. Planning and review process (internally to the CONSULTANT) 6. Invoicing procedures (internally and with sub consultants) 7. Document Control Procedures a. Designate personnel responsible for Document Control b. Establish location of all PROJECT documents c. Develop procedures to transmit and receive documents (internal and external) The Project Management Plan shall be organized in a 3-ring binder using 1-7 above as headings. Two updated copies will be submitted to the CITY. The CONSULTANT shall submit a Quality Control Plan (QCP) for the CITY’S review and approval within 30 days of the CITY’S authorization to proceed with PHASE I. The QCP is to provide all PROJECT personnel with the requirements to assure a quality design is delivered to the CITY. The QCP shall include a minimum of: 1. PROJECT quality control requirements 2. Project deliverables showing person responsible and estimated date of completion 3. Planning and review process for the project 4. Organization chart showing Quality Control responsibilities of each manager 5. Format for checking plans and calculations 6. Format for quality assurance records; the Project Manager or his assignee shall be responsible for documenting and maintaining quality assurance records for the PROJECT. The records will include, but not be limited to, the following: a. Check prints, review calculations b. Marked-up plans c. Quality control audit reports and findings d. Quality assurance findings and recommended corrective actions e. Completeness checklists f. Minutes of coordination meetings/quality assurance meetings g. Phone logs h. Quality control review letters i. Review comments from senior technical advisors and responses j. Peer review letters and responses k. Any other correspondence regarding quality assurance/control 7. Quality assurance activities shall be included in the monthly progress report The Quality Control Plan shall be organized in a 3-ring binder using 1-7 above as headings. The CONSULTANT shall work closely with the CITY’S environmental personnel or its environmental consultants during concept development in order to identify and resolve environmental issues in the earliest stages of concept development. The CONSULTANT shall establish the appropriate American Association of State Highway and Transportation Officials (AASHTO) design criteria, parameters and guidelines that will be used throughout the PROJECT. The CONSULTANT shall use these parameters to study up to three reasonable concept alternates including a roundabout as an alternative plus the “No Build” Alternate in a Concept Alternative Report with the criteria listed herein. The CONSULTANT shall examine in a Concept Alternative Report each proposed alternative in sufficient detail to ensure that the following issues have been addressed for each of the alternatives: 1. Traffic Operations: safety, capacity, and efficiency (includes laneage requirements, capacity analysis of roadway segments, weave areas, ramps, auxiliary lanes, intersections, and signage). 2. Design exceptions/variances 3. Sight distance 4. Recommendations for traffic signal locations. 5. Interfacing with adjacent projects 6. Constructability 7. Maintenance of traffic 8. Environmental concerns 9. Locations of probable USTs 10. Impacts to adjacent properties, including number of displacements 11. Access and access control 12. Utilities conflicts and relocations 13. Special drainage considerations 14. Location and condition of existing major strictures 15. Required new major structures 16. Required permits 17. Preliminary construction and right of way costs The Concept Alternative Report shall be organized in a 3-ring binder using 1-17 above as headings. Each alternative shall include 1” = 200’ scale plan and profile and other supporting details for analysis. A field review of the alternatives under consideration may be conducted jointly with the CITY and the CONSULTANT to assess the impacts of the project. The CONSULTANT shall prepare a Concept Alternate Selection Summary/Report that describes the selected alternate in detail and the process through which other alternatives were dismissed. The Concept Alternate Selection Report shall include a 1” = 100’ scale plan and profile of the selected alternate. The CONSULTANT shall prepare a PROJECT DESIGN DATA book. The project data book shall define the selected alternative design criteria, parameters and guidelines and as a minimum contain the following: 1. The name of each roadway, classification of each roadway, general description (including but not limited to proposed number of through lanes, lane widths, median type and width, shoulder type and width, sidewalks, and bike lanes) maximum horizontal curve, maximum grade, maximum superelevation, speed design, and minimum right-of-way width. 2. Preliminary horizontal and vertical alignments, preliminary earthwork cross sections, preliminary construction limits and an evaluation of intersection sight distances at all intersections and proposed median openings. 3. Clear zone requirements for each roadway. Vertical and horizontal clearances at structures (not to be reconstructed) and visible utilities. 4. A traffic capacity (NETSIM, SYNCHRO, CORSIM, HCS) analysis for the PROJECT to determine the intersection lane and storage requirements. 5. A preliminary sketch of each roadway intersection showing basic laneage, auxiliary and turn lanes, and length of turn lanes and tapers. 6. A preliminary sketch of each bridge and wall location. 7. Drainage criteria for each roadway for the major types of systems, rivers and streams, cross drains, longitudinal drains, low point, and normal basins. 8. An evaluation of environmental concerns as it pertains to the PROJECT (including but not limited to archeological, historic, wetlands, UST’s and endangered species). The evaluation shall be coordinated with the GDOT’S Office of Environment and Location. 9. Driveway design parameters such as maximum and minimum widths for residential and commercial driveways and maximum driveway grades for residential and commercial driveways. 10. Typical sections (excluding pavement structure) for all roadways included in the PROJECT as described in “1” above. 11. List of known utility facilities on the PROJECT to be coordinated with the CITY’S Office of Utilities. The Project Design Data Book shall be organized in a 3-ring binder using 1-11 above as headings. The CONSULTANT shall scan aerial photographic negatives using a high-quality photogrammetric scanner at a minimum resolution of 0.5 feet per pixel to be used for all concept and public meeting displays. A digital terrain surface from a USGS digital elevation model (DEM) of the study area shall be prepared. Should multiple negatives be required to construct an image for the entire study area, low-accuracy GPS surveyed control points shall be obtained to ensure a match to the DEM. Approximately three control points per scanned negative are required. The CONSULTANT shall provide a digital ortho image as a seamless mosaic of the scanned images and rectified to the DEM and/or control point data. The image shall be supplied as a TIFF file (or files should the image area be very large), properly scaled and positioned to metric state plane coordinates. All proposed concepts and/or alternates shall be drawn and plotted in color using a color scheme and legend approved by the CITY. The CONSULTANT shall prepare and submit to GDOT and the CITY a draft Concept Report using a format provided by the GDOT. The Concept Report shall include, at a minimum, the information indicated on the sample report. In addition, the CONSULTANT shall prepare drawings showing the project alignments and geometry, existing and proposed right of way, property lines and property owners’ names, intersection details, locations of proposed traffic signals, typical sections, and other information as required for a concept meeting. The CONSULTANT shall attend the concept meeting and any other meetings as requested. The CONSULTANT shall take an active role in these meetings, including making presentations and compiling and distributing meeting minutes. A final Concept Report shall be submitted to the CITY and GDOT for review and approval. The report shall incorporate any changes to the concept discussed at the concept meeting and the meeting minutes. Alternate plans and descriptions may be required for presentation at the concept meeting, as directed by the CITY. After the concept report is approved, the CONSULTANT shall prepare four public meeting displays of each alternate on digitized photography and a location map of the project for a minimum of up to three public meetings. The CONSULTANT shall provide PROJECT knowledgeable staff for each display at every public meeting to answer questions about the roadway design. These staff members are responsible for set-up and takedown of the displays. The displays shall be plotted at a scale of 1” = 50’ or as otherwise approved by the CITY. Each display shall show all roadway features including but not limited to: travel and turn lanes, bike lanes, median and median openings, sidewalks, bridges, major walls, right-of way, environmental features (wetlands, historic sites, parks, noise walls, regulated floodways, etc.), property lines and owners, a legend (showing the PROJECT name, the scale and symbols), and a typical section. The CONSULTANT shall prepare electronic plan sheet as per the CITY standard. The CONSULTANT shall submit an example plan sheet for approval by the CITY. The CONSULTANT shall prepare a list of information or data that will be needed from the CITY for the completion of PHASE IV - PRELIMINARY PLANS. Consultant Deliverables for Phase 1 – Concept Development: 1. PROJECT Management Plan (1 PDF form and 2 binders, updates will be provided as necessary) 2. PROJECT Quality Control Plan (1 PDF form and 2 binders, updates will be provided as necessary) 3. PROJECT Concept Alternative Summary/Report with 1” = 200’ scale plan and profile (1 PDF form and 2 binders, updates will be provided as necessary) 4. PROJECT Concept Alternate Selection Report with 1” = 100’ scale plan and profile (1 PDF form and 2 binders, updates will be provided as necessary) 5. PROJECT Design Data Book (1 PDF form and 2 binders, updates will be provided as necessary) 6. Project TIFF Files and Concept layouts in electronic format 7. Draft and Final PROJECT Concept Report 8. Four (4) public meeting displays for up to 4 alternate per public meeting (up to 3) 1” = 50’ scale 9. Written Material (fact sheets, newsletters, media releases) to be distributed to the public 10. Information for the CITY’S public meeting responses 11. Database/mailing list of all contacts relating to the PROJECT 12. PROJECT Sample plan sheet 13. Additional information requested from the CITY for PHASE IV The PROJECT DESIGN DATA book shall define the proposed PROJECT design parameters and as a minimum contain the items as listed in the GDOT’S Manual of Quality Standards for Consultant Services, current edition. The manual is available on-line at: http://www.dot.state.ga.us/doingbusiness/PoliciesManuals/roads/Pages/DesignPolicie s.aspx PHASE II ENVIRONMENTAL DOCUMENT Prepare Categorical Exclusion for: P.I. 0005448 - SR 372/Birmingham Highway @ CR 27/Providence Road/New Providence Road The Consultant will prepare a Categorical Exclusion (CE) for the projects following the guidelines in Section III. 4.0 of the GDOT Environmental Procedures Manual and based on the updated project concept. Task 1- The Consultant will begin by reviewing the draft CE prepared by others in 2006 and will utilize appropriate data from that document in preparing the new CE. Task 2 -The Consultant will conduct analyses required for the CE, including a completed CE Checklist, need and purpose statement (from updated concept report), project description and location map, effects evaluation for land use, relocations, churches and institutions, cemeteries, historic resources, Section 4(f), farmlands, endangered/threatened species, invasive species, neotropical/migratory birds, air quality, floodplains, construction impacts, underground storage tanks and hazardous waste locations, and construction/utilities. The CE will also include documentation of early coordination with resource agencies. The Consultant will also prepare a Concept Environmental Resource Identification. Task 3 -The Consultant will prepare the CE using the analyses completed in Task 2, and will submit the CE to GDOT for review. The Consultant will revise the CE, if required, to respond to GDOT comments. Task 4 -The Consultant will prepare two re-evaluations of the CE. Task 5 -The Consultant will attend one Public Involvement Open House and up to two Citizen Advisory Committee meetings. Assumption: 1. Because of the proximity of the projects, one CE will be prepared to address both projects. 2. There will be no PHOH for the project. 3. No permit applications will be prepared under this scope of services. 4. All special studies, except Air Quality, have been approved 5. No revisions to the approved History special study will be completed under this scope of services. 6. Any changes to the concept will not change the ‘no adverse effect’ determination for the Rucker House and Providence Baptist Church. 7. The Consultant will review the available air quality analyses for the project and will prepare and submit an air quality special study. 8. No noise assessment will be required. 9. The Consultant will review the available ecology assessment for the project and will prepare and submit an ecology addendum based on changes to the project design. Design Specifications and Guidelines The CONTRACTOR shall coordinate the proposed services with any proposed construction plans and within the project limits. This TASK ORDER is subject to the terms and conditions of the original CONTRACT AGREEMENT (RFQ #08-001) entered between the parties. General Scope of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT’S receipt from the City of a written “Notice to Proceed” (NTP) for each phase. The WORK will be completed within 150 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 150 calendar days (hereinafter referred to as the “Schedule for Completion”), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project’s duration. Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as “Narrative Report”). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The CONSULTANT agrees that all reports, plans, drawings studies, specifications, estimates, maps, computations, computer diskettes and printouts and any other data prepared under the terms of this TASK ORDER shall become the property of the City. This data shall be organized, indexed, bound and delivered to the City no later than the advertisement of the PROJECT for letting. The City shall have the right to use this material without restriction or limitation and without compensation to the CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of the City pursuant to this TASK ORDER. The CONSULTANT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the designs, drawings, specifications, and other services furnished for this TASK ORDER. All revisions shall be coordinated with the CITY prior to issuance. The CONSULTANT shall also be responsible for any claim, damage, loss or expense that is attributable to errors, omissions, or negligent acts related to the designs, drawings, and specifications pursuant to this TASK ORDER. The fee shall be paid as provided in the CONTRACT AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in the attached Fee Schedule. Attachments: Attachment A – Fee Schedule CITY OF MILTON: CONSULTANT: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ Attachment A – Fee Schedule PROFESSIONAL ENGINEERING SERVICES CONTRACT AGREEMENT WITH STREET SMARTS, INC. DATED ___________________ TASK ORDER 09-SSI-03 CONCEPT STUDY FOR ARNOLD MILL AT NEW PROVIDENCE INTERSECTION SCOPE OF SERVICES This TASK ORDER between the parties is entered into pursuant to the above referenced CONTRACT AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as authorization by the City of Milton to Street Smarts, Inc. (“Consultant”) to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the CONTRACT AGREEMENT (RFQ #08-001). Now therefore, the parties agree as follows: Description of PROJECT: The PROJECT consists of a concept study for intersection improvements to SR 140 Arnold Mill Road @ CR 27 New Providence Rd. in North Fulton County, G.M.D. 121. Description of Professional Services: The services to be furnished by the CONSULTANT under this Agreement shall be those necessary to design by a Computer Aided Design and Drafting (CADD) System and provide both hard copy and electronic files for: concept development, data base preparation, preliminary plans and layouts and necessary public involvement for the PROJECT. The allowable CADD systems to be used for this Agreement shall be Microstation, CAiCE (most current GDOT approved version), Hydrain, SYNCHRO, HCS, and NETSYM. The CONSULTANT shall not use any other design, drafting or coordinate geometry software unless approved by the CITY. Plans shall be prepared in accordance with the GDOT standards and CITY standards as to design criteria, procedures, and format. The CONSULTANT shall prepare all written specifications in the usual format used by the CITY. The CONSULTANT shall provide all materials required for the preparation of the plans, supplemental specifications, and special provisions. The CONSULTANT shall receive the CITY'S written approval to proceed with any phase of the PROJECT. Failure to receive such approval will result in the CONSULTANT assuming all costs for that phase until written approval to proceed has been obtained from the CITY. The PROJECT plans shall be developed as follows: PHASE 0 – PUBLIC INVOLVEMENT CONSULTANT will conduct a series of four (4) Citizen Advisory Committee meetings for this PROJECT combined with the Birmingham at Providence intersection being studied and one (1) PIOH that will present information for both intersections. Below is a detailed description of these meetings. Citizen Advisory Committee (CAC) With assistance from the City of Milton, a representative group of stakeholders will be appointed to each CAC and will meet a total of four (4) times to discuss project issues and concerns. Once the two (2) CAC’s are created, Street Smarts will conduct the following meetings with each CAC: • Meeting #1: Initial meeting with CAC to present alternatives for the subject intersection and to discuss constraints. • Meeting #2: Discuss intersection alternatives including revisions that were identified during Meeting #1. • Meeting #3: Presentation of the preferred alternative and design details for the alternative. • Meeting #4: Presentation of the preferred intersection alternative to the City Council with the CAC in attendance. (CAC will have the option of presenting the alternative to the Council if they so choose.) Public Information Open House (PIOH) Street Smarts will also conduct one (1) Public Information Open House (PIOH) between CAC Meeting #3 and Meeting #4. The purpose of the PIOH is to present the public with the preferred alternative for each intersection. Typically a PIOH is an informal meeting with an open house format that generally lasts two to three hours. The goal is to inform the public of a project that is proposed in their area, gather information from the public and to receive comments from the public about the proposed project. No formal presentations are made at these meetings; however, handouts describing the proposed project and maps showing the proposed project area are available for everyone attending. City of Milton representatives (including Street Smarts staff working on the project) must attend these meetings and must be prepared to discuss the project and answer questions. Additional Tasks Street Smarts has also identified additional tasks that would enhance the public involvement process for this project. These tasks include: • Project Website: One (1) stand-alone project website will be created as a general information exchange tool. The site will present information related to both intersection improvement projects and will include related items such as project description, project status updates, proposed intersection alternatives, CAC meeting minutes, upcoming meeting dates and project contact information. If the City so chooses, the website could also be equipped with a password protected area for CAC members to communicate between meetings. • Electronic Newsletter: A maximum of (4) electronic newsletters will be created to present information related to both intersection improvement projects. The newsletters, which will be distributed via e-mail, will include project related information such as project description, project status updates, proposed intersection alternatives, upcoming meeting dates, a response to comments summary after the PIOH, and project related contact information. • Traffic Simulation of each Intersection on the Website: A traffic simulation of each alternative will be created using Synchro/SimTraffic and will be posted on the project website. This real-time simulation will illustrate existing intersection conditions. Additional simulations can also be created to illustrate future proposed alternatives and the preferred alternative for each intersection. Project Deliverables Deliverables for these tasks include: 1. Electronic copy of Invitation Lists(s) and copy of letter(s) distributed to list of invitees for CAC and PIOH meetings. 2. CAC meetings minutes for distribution to the City and anyone requesting a copy, including questions and answers. 3. Electronic copies of any handouts, maps and graphics, charts, and comment cards needed for the CAC meetings and PIOH. 4. Electronic copies of Public Notices developed and produced for the PIOH. 5. Summary of questions received and responses to all PIOH comments. 6. Electronic copies of all newsletters. PHASE I - CONCEPT DEVELOPMENT Concept Development includes exploring various alternatives to improve operations of the facility and surrounding facilities, both existing and under development, in order to have a high degree of confidence that the best alternative is selected. The CONSULTANT shall gather from the CITY available data and information pertinent to the preparation of the PROJECT plans the CITY has in its possession and requested by the CONSULTANT. The CONSULTANT shall check and verify the data and information furnished by the CITY for accuracy and sufficiency. Any errors, omissions, or insufficiency in the data furnished by the CITY shall be corrected or supplemented by the CONSULTANT. The CONSULTANT shall submit a PROJECT Management Plan (PMP) for the CITY’S review and approval within 30 days of the CITY’S authorization to proceed with Phase I. The PMP is to provide all PROJECT personnel with the basic information needed to complete their assignments on time and within established budgets while meeting the requirements of the PROJECT. The PMP shall include a minimum of: 1. A distribution list of the key contact people 2. A paraphrased scope of work detailing the responsibility of the key people 3. A schedule of deliverables (updated when necessary) 4. Budget, expenses, and billing procedures (internally to the CONSULTANT) 5. Planning and review process (internally to the CONSULTANT) 6. Invoicing procedures (internally and with sub consultants) 7. Document Control Procedures a. Designate personnel responsible for Document Control b. Establish location of all PROJECT documents c. Develop procedures to transmit and receive documents (internal and external) The Project Management Plan shall be organized in a 3-ring binder using 1-7 above as headings. Two updated copies will be submitted to the CITY. The CONSULTANT shall submit a Quality Control Plan (QCP) for the CITY’S review and approval within 30 days of the CITY’S authorization to proceed with PHASE I. The QCP is to provide all PROJECT personnel with the requirements to assure a quality design is delivered to the CITY. The QCP shall include a minimum of: 1. PROJECT quality control requirements 2. Project deliverables showing person responsible and estimated date of completion 3. Planning and review process for the project 4. Organization chart showing Quality Control responsibilities of each manager 5. Format for checking plans and calculations 6. Format for quality assurance records; the Project Manager or his assignee shall be responsible for documenting and maintaining quality assurance records for the PROJECT. The records will include, but not be limited to, the following: a. Check prints, review calculations b. Marked-up plans c. Quality control audit reports and findings d. Quality assurance findings and recommended corrective actions e. Completeness checklists f. Minutes of coordination meetings/quality assurance meetings g. Phone logs h. Quality control review letters i. Review comments from senior technical advisors and responses j. Peer review letters and responses k. Any other correspondence regarding quality assurance/control 7. Quality assurance activities shall be included in the monthly progress report The Quality Control Plan shall be organized in a 3-ring binder using 1-7 above as headings. The CONSULTANT shall work closely with the CITY’S environmental personnel or its environmental consultants during concept development in order to identify and resolve environmental issues in the earliest stages of concept development. The CONSULTANT shall establish the appropriate American Association of State Highway and Transportation Officials (AASHTO) design criteria, parameters and guidelines that will be used throughout the PROJECT. The CONSULTANT shall use these parameters to study up to three reasonable concept alternates plus the “No Build” Alternate in a Concept Alternative Report with the criteria listed herein. The CONSULTANT shall examine in a Concept Alternative Report each proposed alternative in sufficient detail to ensure that the following issues have been addressed for each of the alternatives: 1. Traffic Operations: safety, capacity, and efficiency (includes laneage requirements, capacity analysis of roadway segments, weave areas, ramps, auxiliary lanes, intersections, and signage). 2. Design exceptions/variances 3. Sight distance 4. Recommendations for traffic signal locations. 5. Interfacing with adjacent projects 6. Constructability 7. Maintenance of traffic 8. Environmental concerns 9. Locations of probable USTs 10. Impacts to adjacent properties, including number of displacements 11. Access and access control 12. Utilities conflicts and relocations 13. Special drainage considerations 14. Location and condition of existing major strictures 15. Required new major structures 16. Required permits 17. Preliminary construction and right of way costs The Concept Alternative Report shall be organized in a 3-ring binder using 1-17 above as headings. Each alternative shall include 1” = 200’ scale plan and profile and other supporting details for analysis. A field review of the alternatives under consideration may be conducted jointly with the CITY and the CONSULTANT to assess the impacts of the project. The CONSULTANT shall prepare a Concept Alternate Selection Summary/Report that describes the selected alternate in detail and the process through which other alternatives were dismissed. The Concept Alternate Selection Report shall include a 1” = 100’ scale plan and profile of the selected alternate. The CONSULTANT shall prepare a PROJECT DESIGN DATA book. The project data book shall define the selected alternative design criteria, parameters and guidelines and as a minimum contain the following: 1. The name of each roadway, classification of each roadway, general description (including but not limited to proposed number of through lanes, lane widths, median type and width, shoulder type and width, sidewalks, and bike lanes) maximum horizontal curve, maximum grade, maximum superelevation, speed design, and minimum right-of-way width. 2. Preliminary horizontal and vertical alignments, preliminary earthwork cross sections, preliminary construction limits and an evaluation of intersection sight distances at all intersections and proposed median openings. 3. Clear zone requirements for each roadway. Vertical and horizontal clearances at structures (not to be reconstructed) and visible utilities. 4. A traffic capacity (NETSIM, SYNCHRO, CORSIM, HCS) analysis for the PROJECT to determine the intersection lane and storage requirements. 5. A preliminary sketch of each roadway intersection showing basic laneage, auxiliary and turn lanes, and length of turn lanes and tapers. 6. A preliminary sketch of each bridge and wall location. 7. Drainage criteria for each roadway for the major types of systems, rivers and streams, cross drains, longitudinal drains, low point, and normal basins. 8. An evaluation of environmental concerns as it pertains to the PROJECT (including but not limited to archeological, historic, wetlands, UST’s and endangered species). The evaluation shall be coordinated with the GDOT’S Office of Environment and Location. 9. Driveway design parameters such as maximum and minimum widths for residential and commercial driveways and maximum driveway grades for residential and commercial driveways. 10. Typical sections (excluding pavement structure) for all roadways included in the PROJECT as described in “1” above. 11. List of known utility facilities on the PROJECT to be coordinated with the CITY’S Office of Utilities. The Project Design Data Book shall be organized in a 3-ring binder using 1-11 above as headings. The CONSULTANT shall scan aerial photographic negatives using a high-quality photogrammetric scanner at a minimum resolution of 0.5 feet per pixel to be used for all concept and public meeting displays. A digital terrain surface from a USGS digital elevation model (DEM) of the study area shall be prepared. Should multiple negatives be required to construct an image for the entire study area, low-accuracy GPS surveyed control points shall be obtained to ensure a match to the DEM. Approximately three control points per scanned negative are required. The CONSULTANT shall provide a digital ortho image as a seamless mosaic of the scanned images and rectified to the DEM and/or control point data. The image shall be supplied as a TIFF file (or files should the image area be very large), properly scaled and positioned to metric state plane coordinates. All proposed concepts and/or alternates shall be drawn and plotted in color using a color scheme and legend approved by the CITY. The CONSULTANT shall prepare and submit to GDOT and the CITY a draft Concept Report using a format provided by the GDOT. The Concept Report shall include, at a minimum, the information indicated on the sample report. In addition, the CONSULTANT shall prepare drawings showing the project alignments and geometry, existing and proposed right of way, property lines and property owners’ names, intersection details, locations of proposed traffic signals, typical sections, and other information as required for a concept meeting. The CONSULTANT shall attend the concept meeting and any other meetings as requested. The CONSULTANT shall take an active role in these meetings, including making presentations and compiling and distributing meeting minutes. A final Concept Report shall be submitted to the CITY and GDOT for review and approval. The report shall incorporate any changes to the concept discussed at the concept meeting and the meeting minutes. Alternate plans and descriptions may be required for presentation at the concept meeting, as directed by the CITY. After the concept report is approved, the CONSULTANT shall prepare four public meeting displays of each alternate on digitized photography and a location map of the project for a minimum of up to three public meetings. The CONSULTANT shall provide PROJECT knowledgeable staff for each display at every public meeting to answer questions about the roadway design. These staff members are responsible for set-up and takedown of the displays. The displays shall be plotted at a scale of 1” = 50’ or as otherwise approved by the CITY. Each display shall show all roadway features including but not limited to: travel and turn lanes, bike lanes, median and median openings, sidewalks, bridges, major walls, right-of way, environmental features (wetlands, historic sites, parks, noise walls, regulated floodways, etc.), property lines and owners, a legend (showing the PROJECT name, the scale and symbols), and a typical section. The CONSULTANT shall prepare electronic plan sheet as per the CITY standard. The CONSULTANT shall submit an example plan sheet for approval by the CITY. The CONSULTANT shall prepare a list of information or data that will be needed from the CITY for the completion of PHASE IV - PRELIMINARY PLANS. Consultant Deliverables for Phase 1 – Concept Development: 1. PROJECT Management Plan (1 PDF form and 2 binders, updates will be provided as necessary) 2. PROJECT Quality Control Plan (1 PDF form and 2 binders, updates will be provided as necessary) 3. PROJECT Concept Alternative Summary/Report with 1” = 200’ scale plan and profile (1 PDF form and 2 binders, updates will be provided as necessary) 4. PROJECT Concept Alternate Selection Report with 1” = 100’ scale plan and profile (1 PDF form and 2 binders, updates will be provided as necessary) 5. PROJECT Design Data Book (1 PDF form and 2 binders, updates will be provided as necessary) 6. Project TIFF Files and Concept layouts in electronic format 7. Draft and Final PROJECT Concept Report 8. Four (4) public meeting displays for up to 4 alternate per public meeting (up to 3) 1” = 50’ scale 9. Written Material (fact sheets, newsletters, media releases) to be distributed to the public 10. Information for the CITY’S public meeting responses 11. Database/mailing list of all contacts relating to the PROJECT 12. PROJECT Sample plan sheet 13. Additional information requested from the CITY for PHASE IV The PROJECT DESIGN DATA book shall define the proposed PROJECT design parameters and as a minimum contain the items as listed in the GDOT’S Manual of Quality Standards for Consultant Services, current edition. The manual is available on-line at: http://www.dot.state.ga.us/doingbusiness/PoliciesManuals/roads/Pages/DesignPolicie s.aspx PHASE II ENVIRONMENTAL DOCUMENT Prepare Categorical Exclusion for: P.I. 0000533 - SR 140/Arnold Mill Road @ CR 27/New Providence Road The Consultant will prepare a Categorical Exclusion (CE) for the projects following the guidelines in Section III. 4.0 of the GDOT Environmental Procedures Manual and based on the updated project concept. Task 1- The Consultant will begin by reviewing the draft CE prepared by others in 2006 and will utilize appropriate data from that document in preparing the new CE. Task 2 -The Consultant will conduct analyses required for the CE, including a completed CE Checklist, need and purpose statement (from updated concept report), project description and location map, effects evaluation for land use, relocations, churches and institutions, cemeteries, historic resources, Section 4(f), farmlands, endangered/threatened species, invasive species, neotropical/migratory birds, air quality, floodplains, construction impacts, underground storage tanks and hazardous waste locations, and construction/utilities. The CE will also include documentation of early coordination with resource agencies. The Consultant will also prepare a Concept Environmental Resource Identification. Task 3 -The Consultant will prepare the CE using the analyses completed in Task 2, and will submit the CE to GDOT for review. The Consultant will revise the CE, if required, to respond to GDOT comments. Task 4 -The Consultant will prepare two re-evaluations of the CE. Task 5 -The Consultant will attend one Public Involvement Open House and up to two Citizen Advisory Committee meetings. Assumption: 1. Because of the proximity of the projects, one CE will be prepared to address both projects. 2. There will be no PHOH for the project. 3. No permit applications will be prepared under this scope of services. 4. All special studies, except Air Quality, have been approved 5. No revisions to the approved History special study will be completed under this scope of services. 6. Any changes to the concept will not change the ‘no adverse effect’ determination for the Rucker House and Providence Baptist Church. 7. The Consultant will review the available air quality analyses for the project and will prepare and submit an air quality special study. 8. No noise assessment will be required. 9. The Consultant will review the available ecology assessment for the project and will prepare and submit an ecology addendum based on changes to the project design. Design Specifications and Guidelines The CONTRACTOR shall coordinate the proposed services with any proposed construction plans and within the project limits. This TASK ORDER is subject to the terms and conditions of the original CONTRACT AGREEMENT (RFQ #08-001) entered between the parties. General Scope of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT’S receipt from the City of a written “Notice to Proceed” (NTP) for each phase. The WORK will be completed within 150 calendar days after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 150 calendar days (hereinafter referred to as the “Schedule for Completion”), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project’s duration. Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as “Narrative Report”). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The CONSULTANT agrees that all reports, plans, drawings studies, specifications, estimates, maps, computations, computer diskettes and printouts and any other data prepared under the terms of this TASK ORDER shall become the property of the City. This data shall be organized, indexed, bound and delivered to the City no later than the advertisement of the PROJECT for letting. The City shall have the right to use this material without restriction or limitation and without compensation to the CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of the City pursuant to this TASK ORDER. The CONSULTANT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the designs, drawings, specifications, and other services furnished for this TASK ORDER. All revisions shall be coordinated with the CITY prior to issuance. The CONSULTANT shall also be responsible for any claim, damage, loss or expense that is attributable to errors, omissions, or negligent acts related to the designs, drawings, and specifications pursuant to this TASK ORDER. The fee shall be paid as provided in the CONTRACT AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in the attached Fee Schedule. Attachments: Attachment A – Fee Schedule CITY OF MILTON: CONSULTANT: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ Attachment A – Fee Schedule STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08- RESOLUTION REQUESTING THE TRANSMITTAL OF THE DRAFT CITY OF MILTON 2008-2028 COMPREHENSIVE PLAN PARTIAL UPDATE TO THE ATLANTA REGIONAL COMMISSION AND THE STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on December ____ 2008 at 6:00 p.m. as follows: WHEREAS, the City, established in 2006, currently operates under the Fulton County’s Focus Fulton 2025 Comprehensive Plan, originally adopted by the Fulton County Board of Commissioners in November 2005 and adopted by the City of Milton on November 21, 2006; and WHEREAS, in 2007, the preparation of the City’s first Comprehensive Plan was initiated utilizing the new Standards and Procedures for Local Comprehensive Planning adopted by the Department of Community Affairs in 2005 as the underlying foundation for developing the first Comprehensive Plan; and WHEREAS, a 16-person Comprehensive Plan Advisory Committee was appointed by the Mayor and City Council to facilitate the development of the City Comprehensive Plan; and WHEREAS, the City of Milton has completed the Community Assessment and Community Participation Program documents as part of the 20-year Comprehensive Plan Update; and WHEREAS, because of the approaching plan deadline and in the interest of moving Milton towards greater local control and self-determination as promptly and as prudently as possible, the City was asked by the Georgia Department of Community Affairs and the Atlanta Regional Commission to prepare a “Partial Plan Update”; and WHEREAS, The City has prepared the partial plan update as requested in order to allow adequate time to prepare a full plan that clearly reflects the City’s vision, and can carry the City forward for the next 20 years; and WHEREAS, this document was prepared in accord with 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 November 3, 2008. NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby transmit the draft Partial Plan Update to the Atlanta Regional Commission and the State of Georgia Department of Community Affairs for official review. RESOLVED this ______ day of December 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk City of Milton 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: December 1, 2008 for Submission onto the December 15, 2008 Mayor and City Council Meeting Agenda Item: Resolution to adopt the 2009 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. CMO (City Manager’s Office) Recommendation: To approve the attached resolution to adopt the following: 2009 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. Background: To ensure that all the boards and commissions related to Community Development meet regularly throughout the year, new schedules need to be approved by the Mayor and City Council. Discussion: The approval of these schedules allows staff to plan and prepare for reports and recommendations that goes to each Boards or Commissions. In addition the schedules are posted so that applicants can submit their applications at the correct time. Lastly, the general public can plan to attend meetings as they deem necessary. Alternatives: There are no reasonable alternatives to this resolution. Concurrent Review: Mort Smedley, Interim City Manager STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON ZONING AND USE PERMIT SCHEDULE, ZONING MODIFICATION SCHEDULE, BOARD OF ZONING APPEALS SCHEDULE AND THE CITY OF MILTON DESIGN REVIEW BOARD SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the ____day of December, 2008 at 6:00 pm: SECTION 1. That the Zoning and Use Permit Schedule is hereby approved as attached; SECTION 2. That the Zoning Modification Schedule is hereby approved as attached; SECTION 3. That the Board of Zoning Appeals Schedule is hereby approved as attached; SECTION 4. That the Design Review Board Schedule is hereby approved as attached; SECTION 5. That resolutions in conflict with this resolution are hereby repealed. SECTION 6. That this approval be effective December 15, 2008. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 15th day of December, 2008. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Jeanette R. Marchiafava, City Clerk 2009 City of Milton Rezoning and Use Permit Schedule * Moved to the 3rd Wednesday of the month **Moved to the first Wednesday of the next month Application Filing Deadline 5 PM (1st Tuesday) Community Zoning Information Meeting (CZIM) 7pm (4th Wednesday unless otherwise noted) Design Review Board Courtesy Review 6pm (1st Tuesday) Planning Commission Meeting Tuesday 7pm (4th Tuesday unless otherwise noted) Milton City Council Thursday 6 pm (Zoning Agenda) (3rd Monday) 1/06/09 1/28/09 2/3/09 2/24/09 3/16/09 2/03/09 2/25/09 3/3/09 3/24/09 4/27/09 3/03/09 3/25/09 4/7/09 4/28/09 5/18/09 4/0/09 4/22/09 5/5/09 5/26/09 6/15/09 5/5/09 5/27/09 6/2/09 6/23/09 7/20/09 6/2/09 6/24/09 7/7/09 7/28/09 8/17/09 7/7/09 7/29/09 8/4/09 8/25/09 9/21/09 8/4/09 8/26/09 9/1/09 9/22/09 10/19/09 9/1/09 9/23/09 10/6/09 10/27/09 11/16/09 10/6/08 10/28/09 11/3/09 11/18/09* 12/21/09 11/3/09 12/2/09** 12/1/09 12/16/09* 1/18/10 12/1/09 1/6/10** 1/5/10 1/26/10 02/15/10 Page 1 of 42007 12/8/2008file://X:\City Clerk\Master Agendas 2008\December 15\Attachment 2009 Schedule.htm 2009 City of Milton Board of Zoning Appeals Schedule (3rd Tuesday) 7:00 p.m. Application Filing Deadline (1st Tuesday) Design Review Board 6pm (1st Tuesday) Board of Zoning Appeals Meeting (3rd Tuesday) 1/06/09 2/3/09 2/17/09 2/03/09 3/3/09 3/17/09 3/03/09 4/7/09 4/21/09 4/07/09 5/5/09 5/19/09 5/5/09 6/2/09 6/16/09 6/2/09 7/7/09 7/21/09 7/7/09 8/4/09 8/18/09 8/4/09 9/1/09 9/15/09 9/1/09 10/6/09 10/20/09 10/6/08 11/3/09 11/17/09 11/3/09 12/1/09 12/15/09 12/1/09 1/5/10 1/19/10 Page 2 of 42007 12/8/2008file://X:\City Clerk\Master Agendas 2008\December 15\Attachment 2009 Schedule.htm 2009 City of Milton Zoning Modification Schedule (CITY COUNCIL AGENDA) 3rd Monday of the Month unless otherwise indicated 6:00 p.m. Application Filing Deadline Milton City Council 1/06/09 2/23/09 2/03/09 3/16/09 3/03/09 4/27/09 4/07/09 5/18/09 5/5/09 6/15/09 6/2/09 7/20/09 7/7/09 8/17/09 8/4/09 9/21/09 9/1/09 10/19/09 10/6/08 11/16/09 11/3/09 12/21/09 12/1/09 1/18/10 Page 3 of 42007 12/8/2008file://X:\City Clerk\Master Agendas 2008\December 15\Attachment 2009 Schedule.htm 2009 City of Milton Design Review Board (1st Tuesday) 6:00 p.m. Note: All Demolition Permits must be approved by the DRB prior to an issuance of a Demolition Permit Filing Deadline (3rd Tuesday of the Month) City of Milton Design Review Board 12/16/08 1/6/09 1/20/09 2/3/09 2/17/09 3/3/09 3/17/09 4/7/09 4/21/09 5/5/09 5/19/09 6/2/09 6/16/09 7/7/09 7/21/09 8/4/09 8/18/09 9/1/09 9/15/09 10/6/09 10/20/09 11/3/09 11/17/09 12/1/09 12/15/09 1/5/10 Page 4 of 42007 12/8/2008file://X:\City Clerk\Master Agendas 2008\December 15\Attachment 2009 Schedule.htm