Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04-27-09 Packet
Page 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, April 27, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION - Rabbi Hirshy Minkowicz, Chabad of North Fulton 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 09-845) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 09-846) 1. Approval of the April 13, 2009 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 09-847) 2. Approval of Financial Statements for the period ending March 2009. (Presented by Stacey Inglis, Finance Manager) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION (None) 9) ZONING AGENDA MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 27, 2009 – 6:00 PM Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Agenda Item No. 09-813) 1. U09-01 / VC09-01, 13120 Arnold Mill Road, by Frank Schaffer, The Landscape Group, Inc. - To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part concurrent variance: 1) To delete the 50’ buffer and 10’ improvement setback along the west property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 2) To delete the 50’ buffer and 10’ improvement setback along the east property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section 21.C). (First Presentation on March 2, 2009.) (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 09-836) 2. U09-02/VC09-02 - 15150 Birmingham Hwy, Application by Robb Nestor to obtain a use permit for a landscaping business on 3.926 acres at a density of 387.92 square feet per acre (Article 19.4.27). Applicant is also requesting concurrent variance to allow access from a local street (Article 19.4.27.B.1). (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 09-837) 3. RZ09-01- To amend Article 33 “Signs” of the City of Milton Zoning Ordinance to clarify the height restriction of various signs and to amend the “Considerations” for sign variances. (Presented by Alice Wakefield, Community Development Director) 10) UNFINISHED BUSINESS (Agenda Item No. 09-838) 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to allow a waiver of the penalty of the base amount of past due ad valorem taxes on a case by case basis, to allow for payment of past due ad valorem taxes in installments, and for other purposes. (Presented by Ken Jarrard, City Attorney) 11) NEW BUSINESS (Agenda Item No. 09-848) 1. Consent for the Extension of the Consulting Agreement with Latta Enterprises for Six Months and in Accordance with the Established Terms of the Contract. (Presented M L Marietta, Assistant to the City Manager) (Agenda Item No. 09-849) 2. Approval of a Resolution to Revise and Update Speed Zones and Regulations Regarding Vehicular Speeds within the City Limits and to Provide for Enforcement of Those Regulations. (Presented by Carter Lucas, Principal Engineer) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 27, 2009 – 6:00 PM Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Agenda Item No. 09-850) 3. Amendment of Resolution No. 09-02-79, 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 appointing committee members. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 09-851) 4. Approval of (a) Stormwater Projects including Contract with Qual-Con Construction Services, Inc. for $6,338.20; (b) Right of Entry Agreements with Starnes, Rock, and Denness; and (c) Cost Share Agreement between Rock, Denness, and the City of Milton. (Presented by Carter Lucas, Principal Engineer) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (Agenda Item No. 09-852) 1. The purpose of the Executive Session is to discuss potential litigation. (Ken Jarrard, City Attorney) (Agenda Item No. 09-853) 15) ADJOURNMENT The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on April 10 for April 27, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 6 – March 2009 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund totaling $3,959,413 are approximately 6% lower than anticipated for the sixth period of the fiscal year. Total expenditures to-date are $8,891,960 and are almost 10% less than expected. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $6,135,740, capital expenditures-to-date total $1,049,642. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,800 Sidewalk Replacement Fund: Balance: $0 City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending March 2009Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax 9,703,991 85,282 136,475 (51,192) 587,418 817,881 (230,463)Motor Vehicle Tax 449,867 40,210 37,489 2,722 215,896 187,445 28,451Intangible Tax 208,516 20,782 17,376 3,405 62,205 86,882 (24,677)Real Estate Transfer Tax 47,671 2,056 3,973 (1,917) 14,336 19,863 (5,527)Franchise Fees 1,400,000 283,413 90,000 193,413 650,469 440,000 210,469Local Option Sales Tax 4,007,230 300,077 333,936 (33,858) 1,231,943 1,335,743 (103,800)Alcohol Beverage Excise Tax 254,000 17,264 21,167 (3,903) 103,811 105,833 (2,022)Business & Occupation Tax 650,000 283,531 390,000 (106,469) 396,594 552,500 (155,906)Insurance Premium Tax 773,200 0 0 0 0 0 0Financial Institution Tax 30,000 20,511 30,000 (9,489) 20,511 30,000 (9,489)Penalties & Interest 22,000 10,115 5,940 4,175 38,671 17,100 21,571Alcohol Beverage Licenses 120,000 0 108,000 (108,000) 106,455 108,000 (1,545)Other Non-Business Permits/Licenses 13,070 3,240 1,054 2,186 9,073 6,325 2,748Zoning & Land Disturbance Permits 80,000 8,970 6,667 2,303 26,408 40,000 (13,592)Building Permits 100,000 767 8,333 (7,566) 28,539 50,000 (21,461)Other Charges for Service 271,557 44,836 47,602 (2,766) 182,710 163,114 19,597Municipal Court Fines 457,636 46,634 38,136 8,498 233,546 228,818 4,728Interest Earnings 54,000 0 4,500 (4,500) 37,712 27,000 10,712Contributions & Donations 0 0 0 0 0 0 0Oth R38 802083(83)13 11650012 616Current Month Year-to-DateAnnual BudgetRevenueOther Revenue38,802083(83)13,11650012,616Other Financing Sources 4,191,896 0 0 0 0 0 0Total Revenue 22,873,436 1,167,690 1,280,731 (113,041) 3,959,413 4,217,003 (257,591)Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 401,299 34,753 21,946 12,807 139,727 171,274 (31,547)Clerk of the Council 698,319 72,407 68,747 3,660 349,681 360,567 (10,887)City Manager 338,764 13,851 10,370 3,480 73,511 156,598 (83,087)General Administration 2,414,872 169,996 194,599 (24,603) 1,069,197 1,163,398 (94,201)Information Technology 976,842 81,408 81,403 4 488,396 488,421 (25)Municipal Court 537,180 43,551 41,843 1,707 262,511 265,886 (3,375)Public Safety 6,618,358 298,035 319,506 (21,471) 2,751,044 3,060,837 (309,793)Public Works 2,942,599 182,474 244,717 (62,242) 1,072,723 1,468,300 (395,577)Parks & Recreation 203,619 5,852 10,552 (4,700) 25,788 63,310 (37,521)Community Development 1,816,752 140,200 140,563 (363) 842,440 843,376 (936)Debt Service - Capital Lease Payment 709,395 0 0 0 709,394 709,395 (1)Debt Service - TAN Payment 33,600 0 0 0 33,590 33,600 (10)Operating Transfer to Capital Projects Fund 4,001,896 0 0 0 1,000,473 1,000,474 (1)Operating Transfer to Capital Grant Fund 293,940 0 0 0 73,485 73,485 0Operating Transfer to Operating Grant Fund 21,010 0 0 0 0 0 0Operating Transfer to Confiscated Assts Fd 73,845 0 0 0 0 0 0Operating Reserve 791,145 0 0 0 0 0 0Total expenditures 22,873,436 1,042,526 1,134,246 (91,720) 8,891,960 9,858,920 (966,961)Net Income/(Loss)125,164 (4,932,547)Fund Balance - Beginning7,127,688Fund Balance - Ending2,195,141Operating Expenditures Annual BudgetCurrent Month Year-to-Date4/23/2009 Original Budget Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Contributions & Donations -$ -$ -$ -$ Interest Revenues - - - - Holiday Card Sales - - 405 405 Total revenues -$ -$ 405$ 405$ EXPENDITURES Current: Special Events 40,000$ -$ 13,513$ 26,487$ Total Expenditures 40,000$ -$ 13,513$ 26,487$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 2,948$ 19,386$ (20,614)$ Total other financing sources and uses 40,000$ 2,948$ 19,386$ (20,614)$ Net change in fund balances -$ 6,277$ Fund balances - beginning 3,356 3,356 City of Milton Special Events Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2009 Fund balances - ending 3,356$ 9,633$ Original Budget Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES -$ -$ -$ -$ Total revenues -$ -$ -$ -$ EXPENDITURES Current: Public Safety 73,845$ -$ -$ 73,845$ Total Expenditures 73,845$ -$ -$ 73,845$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 73,845$ -$ -$ (73,845)$ Total other financing sources and uses 73,845$ -$ -$ (73,845)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Confiscated Assets Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2009 Original Budget Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 570,000$ 79,971$ 270,512$ (299,488)$ Total revenues 570,000$ 79,971$ 270,512$ (299,488)$ EXPENDITURES 0 Current: Public Safety 530,000$ 1,700$ 286,160$ 243,840$ Total Expenditures 530,000$ 1,700$ 286,160$ 243,840$ OTHER FINANCING USES Unallocated 40,000$ -$ -$ 40,000$ Total other financing sources and uses 40,000$ -$ -$ 40,000$ Net change in fund balances -$ (15,648)$ Fund balances - beginning - - Fund balances - ending -$ (15,648)$ City of Milton E-911 Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2009 Original Budget Amounts Current Period Actuals Project-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues State Grant -Operating Cat-Indirect 147,047$ -$ 24,535$ (122,512)$ Total revenues 147,047 -$ 24,535$ (122,512)$ EXPENDITURES Current: Public Safety 168,057$ -$ -$ 168,057$ Total Expenditures 168,057$ -$ -$ 168,057$ Excess of revenues over expenditures (21,010) - 24,535 45,545 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 21,010$ -$ -$ (21,010)$ Total other financing sources and uses 21,010$ -$ -$ (21,010)$ Net change in fund balances - 24,535 Fund balances - beginning 2,670 2,670 Fund balances - ending 2,670$ 27,205$ City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2009 Original Budget Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 2,948$ 19,386$ (35,614)$ Total revenues 55,000$ 2,948$ 19,386$ (35,614)$ OTHER FINANCING SOURCES (USES) Transfers out to General Fund (15,000) -$ -$ 15,000$ Transfers out to Special Events Fund (40,000) (2,948) (19,386) 20,614 Total other financing sources and uses (55,000)$ (2,948)$ (19,386)$ 35,614$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 60,000$ 14,855$ 21,530$ (38,470)$ Landfill Host Fees 190,000 - 49,882 (140,118) Tree Recompense - - 12,800 12,800 Interest Revenue 5,000 - - (5,000) Sidewalk Replacement Account 70,558 - - (70,558) Total revenues 325,558 14,855$ 84,212$ (241,346)$ EXPENDITURES Capital Outlay Unallocated: -$ -$ -$ -$ City Council 180,000 - - 180,000 Public Safety 502,957 91 286,968 215,989 Public Works 3,419,953 120,031 762,171 2,657,782 Parks & Recreation 1,721,933 - 504 1,721,429 Community Development 310,897 - - 310,897 Total Capital Outlay 6,135,740$ 120,122$ 1,049,642$ 5,086,098$ City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2009 py Excess of revenues over expenditures (5,810,182) (105,267) (965,430) (5,327,443) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,001,896$ -$ 1,000,473$ (3,001,423)$ Budgeted Fund Balance 1,808,286 - - (1,808,286) Total other financing sources and uses 5,810,182 - 1,000,473 (4,809,709) Net change in fund balances - 35,043 Fund balances - beginning 535,115 535,115 Fund balances - ending 535,115$ 570,158$ Original Budgeted Amounts Current Period Actuals Project-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues State-Capital-Direct Grant 960,000$ -$ 17,500$ (942,500)$ Total revenues 960,000 -$ 17,500$ (942,500)$ EXPENDITURES Capital Outlay Public Works 1,903,240 - 14,940 1,888,301 Total Capital Outlay 1,903,240$ -$ 14,940$ 1,888,301$ Excess of revenues over expenditures (943,240) - 2,561 945,801 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 293,940$ -$ 73,485$ (220,455)$ Budgeted Fund Balance 649,300 - - (649,300)$ Total other financing sources and uses 943,240$ -$ 73,485$ (869,755)$ Net change in fund balances - 76,046 Fund balances - beginning 695,078 695,078 City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2009 Fund balances - ending 695,078$ 771,124$ Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 1 of 23 U09-01/VC09-01 PETITION NUMBER(S): U09-01 VC09-01 PROJECT NAME The Landscape Group PROPERTY INFORMATION ADDRESS 13120 Arnold Mill Road DISTRICT, LAND LOT 2/2, 1018 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 ACRES 1.74 EXISTING USE Landscaping Business PROPOSED USE Use Permit for Landscaping Business (Article 19.4.27) OWNER Frank Schaffer ADDRESS 13120 Arnold Mill Road Milton, Georgia 30075 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U09-01 – APPROVAL CONDITIONAL Part 1 of VC09-01 – APPROVAL CONDITIONAL Part 2 of VC09-01 – APPROVAL CONDITIONAL Part 3 of VC09-01 – DENIAL INTENT To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part concurrent variance: 1) To delete the 50’ buffer and 10’ improvement setback along the west property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 2) To delete the 50’ buffer and 10’ improvement setback along the east property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section 21.C). Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 2 of 23 U09-01/VC09-01 CITY OF MILTON PLANNING COMMISSION RECOMMENDATION – MARCH 24, 2009 U09-01 – APPROVAL CONDITIONAL Part 1 of VC09-01 – APPROVAL CONDITIONAL Part 2 of VC09-01 – APPROVAL CONDITIONAL Part 3 of VC09-01 – DENIAL Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 3 of 23 U09-01/VC09-01 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 4 of 23 U09-01/VC09-01 ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 5 of 23 U09-01/VC09-01 Revised Site Plan 3-2-09 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 6 of 23 U09-01/VC09-01 SITE PLAN – January 8, 2009 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 7 of 23 U09-01/VC09-01 TOPOGRAPHY Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 8 of 23 U09-01/VC09-01 SOUTHEAST VIEW OF SITE SOUTHWEST VIEW OF SITE Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 9 of 23 U09-01/VC09-01 MAIN OFFICE BUILDING ON SUBJECT SITE SUBJECT SITE The subject site is a 1.74 acre tract of agriculturally zoned land, located on the southern side of Arnold Mill Road. The subject site is developed with an 800 sq. ft. house which is used as an office and a two story 6,000 sq. ft. warehouse (3,000 sq. ft for each level). It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 10 of 23 U09-01/VC09-01 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 8, 2009 and the revised site plan submitted on March 2, 2009, Staff offers the following considerations: Northwest Fulton Overlay District BUILDING SETBACKS Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-feet building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. In Staff’s opinion, it appears that the applicant has met this requirement. There are no additional structures proposed on the site. Article 5.1.3.C of the Milton Zoning Ordinance requires a minimum front yard of 60 feet, a minimum side yard of 25 feet, and a minimum rear yard of 50 feet. Staff notes that if this petition is approved, the existing house which is used as an office will be an approved non-conforming structure. Currently, the existing house encroaches into the 60-foot front setback adjacent to Arnold Mill Road. BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. It appears that the applicant meets this requirement. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10 foot-wide landscape strip along all public streets. It appears that the applicant has met this requirement. Furthermore, Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50) foot-wide undisturbed buffer and a 10’ improvement setback which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. Staff notes that the applicant is applying for two concurrent variances to delete the 50’ buffer and 10’ landscape strip on the east and west property lines. Since the original site plan submitted indicated a reduction for both sides along the east and west property lines for a distance of approximately 140 feet, the applicant has submitted a revised site plan dated March 2, 2009 with the 50-foot buffer along the east Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 11 of 23 U09-01/VC09-01 property line for approximately 70 feet from the right-of-way to the south to the proposed turn-around is depicted on the plan. The revised site plan indicates the relocation of parking out of the buffer south of the fence in a parallel pattern. In addition, a dumpster is shown along the east property line near the truck turnaround. The entrance/exit has been relocated to the west side of the property as required by the Public Works Department. During the Planning Commission meeting on February 24, 2009, there were discussions regarding the access to the rear of the warehouse. Staff stated that even if the variance were granted for the 50-foot undisturbed buffer along the east property line, access to the rear would encroach into the 25-foot State stream buffer. A variance would be needed from the State Department of Environmental Protection prior to consideration by the City of Milton Planning Commission and City Council. Based on this information, the applicant has stated that he will not ask to access this rear entrance into the warehouse. The Public Works Department requires that the applicant relocate the property entrance to the western side of the property. Since the entrance has to be close to the western property line due to sight distance issues, Staff recommends APPROVAL CONDITIONAL of Part One of VC09-01. Staff further supports this concurrent variance request because of the narrow size and shape of the property, steep slopes, and location of stream on the property. Regarding the concurrent variance for the eastern property line, Staff recommends APPROVAL CONDITIONAL of Part Two of VC09-01 subject to the applicant removing portions of the concrete pad as depicted on the revised site plan dated March 2, 2009. Furthermore, the applicant must replant the eastern side of the property to buffer standards as prescribed by the City of Milton Zoning Ordinance. This will be reflected in the attached conditions. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • General Office (800 sq. ft.) • Warehouse (6,000 sq. ft.) Total • 3 spaces per 1,000 sq. ft. of building area (3 spaces) • 1 space per 2,000 sq. ft. of building area (3 spaces) 6 spaces required • 6 spaces 6 spaces provided Staff notes that the applicant is providing six (6) parking spaces, which meets the required six (6) parking spaces required per Article 18 of the City of Milton Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 12 of 23 U09-01/VC09-01 Zoning Ordinance. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12H3.1.B USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed landscape business may be compatible with other land uses in the surrounding area. Staff notes that on November 17, 2008, Milton City Council approved a use permit for a landscaping business at 13365 Arnold Mill Road (U08-06). Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area West 1 (AG-1) Agricultural Undeveloped 1 u/a Northwest 2 (AG-1) Agricultural Single-family home 1 u/a Northwest 3 (AG-1) Agricultural Single-family home 1 u/a Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 13 of 23 U09-01/VC09-01 North 4 (AG-1) Agricultural Single-family home 1 u/a Northeast 5 (AG-1 Agricultural Undeveloped 1 u/a Further East 6 (AG-1) Agricultural Sweet Apple Animal Hospital 1 u/a East 7 (AG-1) Agricultural Single-family home 1 u/a South 8 (AG-1) Agricultural Heydon Hall Subdivision City of Roswell 1 u/a Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 14 of 23 U09-01/VC09-01 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 15 of 23 U09-01/VC09-01 C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use violates the City of Milton Zoning Ordinance buffer standards without an approved concurrent variance. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic, but Staff recommends that only one entrance be utilized at the western side of the property based on site distance requirements along Arnold Mill Road. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 3 parking spaces per 1,000 square feet of office space. Additionally, Article 18.2.1 requires the applicant to provide 1 parking space per 2,000 square feet of warehouse space. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates six parking spaces which meet the requirements set out by Article 18.2.1 and is located outside the 60-foot front yard building setback. F. The amount and location of open space; The applicant’s site plan indicates that approximately one half of the subject site is undeveloped. Staff notes that this open space is located behind the stream which bisects the property approximately in the middle. Staff is of the opinion that the proposed development will provide adequate open space on the south side of the property. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay Zone, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. H. Hours and manner of operation; The applicant states that the hours of operation are from 7:30am to 6:00pm. The business is a full landscape, maintenance, and design company. Equipment consists of mowers, leaf blowers, edgers, and Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 16 of 23 U09-01/VC09-01 trimmers, which are stored in boxed trucks. This business has two box trucks for lawn maintenance, two landscape trucks, two midsize pick up trucks for sales and service, one bobcat, and one box trailer. I. Streetscape lighting; At the time of issuance of a City of Milton Business License, the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of any possible lights on the adjacent properties. Staff notes that the applicant does not have any plans for additional lighting on the property. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Arnold Mill Road. Staff notes that there are two existing entrances to the property. The applicant proposes to close one of these entrances due to the high volume of traffic on Arnold Mill Road. Staff will require that the entrance on the east be closed to provide ingress and egress on the most western portion of the property. SIGNAGE Article 33 Section 21.C of the Milton Zoning Ordinance states, “Unless a more restrictive setback is specified in conditions of zoning or otherwise in this Article, all signs shall set back the greater of 10 feet from the right-of-way or 20 feet from the edge of pavement if a private street and no sign shall project over the right- of-way.” The applicant states that office and driveway placement along with topography issues justify the sign variance request. Staff recommends DENIAL of Part Three of VC09-01 due to a lack of a significant hardship due to existing foliage or structures for this requested variance as set forth in Article 22.3.1.C. ARBORIST Much of the vegetation within the western buffer was removed prior to submission as well as vegetation within the 75’ non-impervious setback. The eastern portion of property was previously void of trees and is being used for parking and storage. Area of disturbance around the specimen pine tree appears to have been done so previously. The Arborist does support the deletion of the buffers as shown on the revised site plan dated March 3, 2009. Buffers east and west of the warehouse shall be planted to buffer standards and must be approved by the Arborist. Buffer plantings shall remain in perpetuity and with good vigor and shall be replaced if it dies. A bond will be required for the specimen pine tree along the east property line toward Arnold Mill Road. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 17 of 23 U09-01/VC09-01 PUBLIC INVOLVEMENT On January 28, 2009 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one person at the meeting. Public Comments – Staff has received no phone calls or e-mails regarding this request. City of Milton Design Review Board Meeting – February 4, 2009 • Front, and all side landscape strips shall be heavily planted with a mix of evergreens, per the approval of the City of Arborist, • The privacy fence shall be screened, • Any fence visible from Arnold Mill Rd should be decorative (with brick or stone columns. City of Milton Design Review Board Meeting – March 3, 2009 Buffer should be minimum of 25’, possibly reduce turn around area, The Board approves of the gravel area, if applicant has obtained letters from adjacent property owners in support of the request and with no additional encroachment, Existing landscape buffers should be heavily planted, Show fence/gate detail, Dumpster shall be screened, No expansion of existing use/cleared area. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 business days prior to the Planning Commission meeting and an update 7 business days prior to the Mayor and City Council meeting. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 18 of 23 U09-01/VC09-01 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 19 of 23 U09-01/VC09-01 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 20 of 23 U09-01/VC09-01 SPECIMEN TREE LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 21 of 23 U09-01/VC09-01 CONCLUSION Staff finds that the proposed use may be compatible with other uses in the area if developed with the attached conditions and recommends APPROVAL CONDITIONAL of U09-01. Staff recommends APPROVAL CONDITIONAL of Part One of VC09-01 due to the recommendation by Public Works to relocate the entrance to the western side of the property. Staff recommends APPROVAL CONDITIONAL of Part Two of VC09-02, if and only if, the applicant removes portions of the concrete pad as indicated on the submitted site plan and replants those areas to buffer standards as prescribed by the City of Milton Zoning Ordinance. Staff recommends DENIAL of Part Three of VC09-03 to allow a sign to be located less than 10’ from the right-of-way. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 22 of 23 U09-01/VC09-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Landscape business within the existing house and warehouse at a density of 2,246 square feet per acre or 3,908.04 square feet which ever is less. 2) To the owner’s agreement to abide by the following: b) To the revised site plan received by the Milton Community Development Department on March 2, 2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the issuance of a City of Milton Business License. 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) Remove portions of concrete pad on eastern side of property as depicted on the revised site plan submitted on March 3, 2009 and replant to buffer standards as prescribed by the City of Milton Zoning Ordinance. Specimen pine tree in this area shall require a bond. b) Provide a minimum of a 10 foot landscape strip from the right-of- way approximately 140 feet south to the front of the warehouse, and that the remaining portion of the buffer area be planted to buffer standards along the west property line. Buffer plantings shall remain in perpetuity and with good vigor and shall be replaced if it dies. (VC09-01, Part 1) c) Provide/ maintain the 50 foot buffer from the right-of-way to approximately 70 feet south to the front of the warehouse, and then from that point to the rear of the warehouse, maintain a 10 foot landscape strip, and then for the remainder, a 50 foot buffer Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 23 of 23 U09-01/VC09-01 planted to buffer standards. Buffer plantings shall remain in perpetuity and with good vigor and shall be replaced if it dies. (VC09-02, Part 2) d) No expansion of existing use/cleared area. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Provide any turn lanes as may be required by GDOT. b) Provide only one driveway location at the northwest end of the property based upon best sight distance as approved by the Director of Public Works and GDOT. i. Entrance shall meet the Community Service Policies and AASHTO guidelines, or be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton and GDOT. c) Close additional driveway and remove concrete within the Right of Way located at the southeast end of the property. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 1 of 14 U09-02/VC09-02 PETITION NUMBER(S): U09-02 VC09-02 PROPERTY INFORMATION ADDRESS 15150 Birmingham Highway DISTRICT, LAND LOT 2/2, 821 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 ACRES 3.926 EXISTING USE Landscaping Business PROPOSED USE Use Permit for Landscaping Business (Article 19.4.27) OWNER Robb Nestor ADDRESS 15150 Birmingham Highway Milton, Georgia 30004 INTENT To obtain a use permit for a landscaping business on 3.926 acres at a density of 387.92 square feet per acre (Article 19.4.27). Applicant is also requesting a concurrent variance to allow access from Taylor Road, a local street (Article 19.4.27.B.1). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U09-02 -- APPROVAL CONDITIONAL VC09-02 -- APPROVAL CONDITIONAL CITY OF MILTON PLANNING COMMISSION RECOMMENDATION - MARCH 24, 2009 U09-02 -- APPROVAL CONDITIONAL VC09-02 -- APPROVAL CONDITIONAL The Planning Commission strongly urged the applicant to fix the privacy fence along Taylor Road to match with the older fence and extend it down to the ground. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 2 of 14 U09-02/VC09-02 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 3 of 14 U09-02/VC09-02 ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 4 of 14 U09-02/VC09-02 SITE PLAN – January 26, 2009 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 5 of 14 U09-02/VC09-02 NORTHWEST VIEW OF SITE PROPOSED TAYLOR ROAD ENTRANCE Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 6 of 14 U09-02/VC09-02 EASTERN SIDE OF PROPERTY NORTHERN SIDE OF PROPERTY AT TAYLOR ROAD Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 7 of 14 U09-02/VC09-02 SOUTHERN SIDE OF SUBJECT SITE SUBJECT SITE: The subject site is a 3.926 acre tract of agriculturally zoned land located at the southwest corner of the Birmingham Highway and Taylor Road intersection. The subject site is developed with a 780 sq. ft. house built in 1951, a 500 sq. ft. barn built in 1995, and a 243 sq. ft. greenhouse built in 1995. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 8 of 14 U09-02/VC09-02 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 26, 2009, Staff offers the following considerations: Northwest Fulton Overlay District BUILDING SETBACKS Article 5.1.3.C of the Milton Zoning Ordinance requires a minimum front yard of 60 feet along Birmingham Highway and Taylor Road. A minimum side yard of 25 feet is required along the south property line. Staff notes that triangular lots do not have a rear yard. It appears that the applicant has met these requirements. Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-feet building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. In Staff’s opinion, it appears that the applicant has met this requirement. There are no additional structures proposed on the site. BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. It appears that the applicant meets this requirement. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10 foot-wide landscape strip along all public streets. It appears that the applicant meets this requirement. Furthermore, Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50) foot-wide undisturbed buffer and a 10’ improvement setback which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. Staff notes that the applicant is exempt from this requirement due to existing conditions. SCREENING AND FENCING An opaque fence/gate is located along Taylor Road. This fence is permitted pursuant to Article 12H.3.2.A which allows opaque fences for loading areas. The Design Review Board recommended additional plantings along this area but Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 9 of 14 U09-02/VC09-02 the Public Works Department required the applicant to clear the vegetation along this fence to allow for safe sight distance along Taylor Road. The applicant is willing to finish the newer portion of the fence to the ground. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • Warehouse (243 sq. ft. + 500 sq. ft.) Total 743 sq. ft. • 1 space per 2,000 sq. ft. of building area (3 spaces) 1 space required • 120’ x 30’ pad Staff notes that the applicant is providing a 120’ x 30’ parking pad, which meets the required one (1) space required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12H(2).4. Section B.6. ARBORIST The applicant has no plans to remove any trees on the subject site. Overall, the site is heavily vegetated with small caliper hardwoods and pines. Where the plantings are sparse, additional plantings will be required to meet the buffer standards. There are two specimen trees on the southeast portion of the site: 1- 28” Oak 1- 37” Oak They both are in healthy condition and will not be affected by the project. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 10 of 14 U09-02/VC09-02 Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Encourage compatible institutional uses in neighborhoods and communities. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed landscape business may be compatible with other land uses in the surrounding area. Staff notes that on August 17, 2007, Milton City Council approved a use permit for a landscaping business at 15386 Birmingham Highway (U07-01). Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area West 1 (AG-1) Agricultural Undeveloped 1 u/a North 2 (AG-1) Agricultural Single-family homes 1 u/a East 3 (AG-1) Agricultural Single-family homes 1 u/a South 4 (AG-1) Agricultural Single-family homes 1 u/a Southwest 5 (AG-1) Agricultural Undeveloped 1 u/a Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 11 of 14 U09-02/VC09-02 C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 12 of 14 U09-02/VC09-02 The proposed use will not generate a significant increase in traffic, but the Public Works Staff recommends that only one entrance be utilized at Taylor Road. Staff notes that the applicant has requested a concurrent variance to allow access to the property from Taylor Road, a local street. Staff is in support of this variance due to safety concerns and the high volume of traffic on Birmingham Highway. Therefore, Staff recommends APPROVAL CONDITIONAL of VC09-02. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide 1 parking space per 2,000 square feet of warehouse space. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates a parking area which is 120’ by 30’. It appears that the applicant has met the requirements set out by Article 18.2.1 and is located outside the 60-foot front yard building setback. F. The amount and location of open space; The applicant’s site plan indicates that approximately three-fourths of the site is undeveloped. It appears that the applicant has sufficient open space on the property. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay Zone, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the business. Staff notes that the property is heavily planted along all property lines. H. Hours and manner of operation; The applicant states that the hours of operation range from 7:00-9am to 6- 6:30pm depending on the season. This business has 6-8 employees. The applicant states that this location is merely a holding place for plants, materials, and two trucks used for jobs. I. Streetscape lighting; At the time of the issuance of a City of Milton Business License, the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of any possible lights on the adjacent properties. Staff notes that the applicant does not have any plans for additional lighting on the property. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 13 of 14 U09-02/VC09-02 J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Birmingham Highway and one curb cut on Taylor Road. If the concurrent variance is granted, Staff recommends that landscape business vehicles only access the site through the Taylor Road entrance. This will be reflected in the recommended conditions. PUBLIC INVOLVEMENT On February 25, 2009 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one at the meeting. Public Comments – Staff has received no phone calls or e-mails regarding this request. City of Milton Design Review Board Meeting – March 3, 2009 Replace wooden privacy fence with 4 board horse fence and gate, Screen fence with a mix of evergreens, No additional curb cuts along Birmingham Highway, No expansion of current use (no additional clearing), Business should not be open to the public, No signage. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 business days prior to the Planning Commission meeting and an update 7 business days prior to the Mayor and City Council meeting. CONCLUSION Staff finds that the proposed landscape business may be compatible with surrounding uses if developed with the attached conditions. Staff is in support of the requested concurrent variance to allow access to a local street due to safety and the high volume of traffic on Birmingham Highway. Therefore, Staff recommends APPROVAL CONDITIONAL of U09-02 and APROVAL CONDITIONAL OF VC09-02. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 27, 2009 4/20/2009 Page 14 of 14 U09-02/VC09-02 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Landscape business within the existing house, warehouse, and greenhouse at a density of 387.92 square feet per acre or 1523 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on January 8, 2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a City of Milton Business Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) The business shall not provide retail services. 3) To the owner’s agreement to the following site development considerations: a) Not to expand the existing business and/or clearing of site. b) No signs permitted except for temporary standard informational signs permitted in the AG-1 (Agricultural) district. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Provide only one entrance each on Birmingham Hwy and Taylor Road. b) Birmingham Highway entrance may not be used by landscape business vehicles and trucks. c) To allow access from Taylor Road. (VC09-01) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: April 14, 2009, for Submission onto the April 27, 2009, City Council Meeting (First Read April 13, 2009) Agenda Item: Text Amendments to Article 33, “Signs” of the City of Milton Zoning Ordinance. CMO (City Manager’s Office) Recommendation: To defer Section 11 and approve Section 25 of the attached text amendment to Article 33, “Signs” of the City of Milton Zoning Ordinance. Staff requests deferral of Section 11 until the June 15, 2009 City Council meeting when it can be heard concurrently with Article 22, Appeals. Background: At the January 21, 2009 Mayor and City Council Meeting, a text amendment to Article 22, “Variances” was approved. One change was the variance consideration when evaluating sign variances. Once this amendment was approved, the sign variance consideration in Article 33, Signs was inconsistent. This text amendment’s purpose is to correct this inconsistency. In addition, Staff has recommended clarification of sign height for temporary standard informational signs and freestanding signs within the AG-1 (Agricultural), Single Family Residential, Community Unit Plan (CUP) and Neighborhood Unit Plan (NUP) zoning districts. Staff notes that more comprehensive text amendments to the sign ordinance are underway and will come before the Mayor and City Council in the future. Discussion: At the Planning Commission meeting on March 24, 2009, the Planning Commission requested to concurrently hear Article 22, Appeals with this Article based on recommendations that would apply to both Articles. Staff recommends deferring this item until Article 22, Appeals can be amended concurrently at the June 15, 2009 City Council meeting. Section 11: Variance (page 10) Paragraph D. Standards – Staff recommends the deletion of D.1 & 2 and the insertion of: “Relief only to the Sign Ordinance may be granted where existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements cannot be read from an adjoining public road.” The Planning Commission recommended deleting the first “only” and inserting “only” after may. In addition they pointed out that using “maximum” is correct instead of “minimum”. Staff is in City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 agreement with this recommendation. If it is the Mayor and City Council’s desire to defer this item until the June 15th City Council Meeting, Staff will present both Article 33, “Signs” and Article 22, “Appeals” to make the variance consideration consistent with the Planning Commission’s recommendations. In the meantime, Staff will initiate a text amendment to Article 22 to be heard concurrently with Article 33 at the June 15, 2009 City Council meeting. Section 25: Restrictions Based on Location (page 19) Paragraph A.2. – Staff recommended “in area and five (5) feet in height” Paragraph B.1.a. Staff recommended “Maximum height shall be six (6) feet from finished grade.” The Planning Commission recommended the changes as outlined on page 20 for B.1. After further consideration, Staff also recommends this proposed change to split b. into b. and c. and change the lettering accordingly. Paragraph C.1.a. Staff recommended “Maximum height shall be six (6) feet from finished grade” The Planning Commission recommended the same changes as in Paragraph B.1.a. Alternatives: The Mayor and City Council may choose to approve, deny or defer this text amendment to Article 33, “Signs”. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED ON APRIL 19, 2007 AMENDED ON SEPTEMBER 6, 2007 CITY OF MILTON ZONING ORDINANCE Page 1 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 27, 2009 PC recommendations in Comment Box ARTICLE XXXIII Signs Section 1: General Provisions. This Article shall hereafter be known and cited as the “City of Milton Sign Ordinance.” Section 2: Purpose and Findings. A. Purpose This Article was enacted with the following purposes: 1. To protect the rights of individuals and businesses to convey their messages through signs; 2. To encourage the effective use of signs as a means of communication; 3. To promote economic development; 4. To improve traffic and pedestrian safety as it may be affected by distracting signs; 5. To prevent the destruction of the natural beauty and environment of the City and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, informal landscaping, and preserve the historic character of the City; 6. To encourage and ensure that development that is context sensitive in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position, and architectural qualities that further the distinct values of the City; 7. To protect the public health, safety, and general welfare; 8. To restrict the continued existence of abandoned or non-conforming signs unless in compliance with the terms of this Article and to eliminate, over time, all non- conforming signs; 9. To ensure the fair and consistent enforcement of sign standards; and 10. To make it easier, quicker, and more economically efficient to apply for a sign permit. Page 2 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box B. Findings 1. The City finds that signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners’ desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises. 2. The City further finds that the regulation of the size, height, number and spacing of signs is necessary to protect the public safety, to assure compatibility of signs with surrounding land uses, to enhance the business and economy of the City, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the City's citizens. 3. The City further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type signage as street signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right-of-way is necessary to ensure their visibility to the motoring public. The City commission finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a propriety purpose, such as identifying markings on utility polls, those signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power. 4. The City further finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of Page 3 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this chapter are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. 5. The City further finds that most of the City of Milton is unique when compared to surrounding areas in terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lack of sewerage of the majority of its land area, the resulting minimum lot size, the lack of commercial development outside overlay districts and purposefully developed commercial corridors and the large number of agricultural and related uses such as horse farms set Milton apart from the more commercialized and developed municipalities which surround it. The preservation of this atmosphere and lifestyle was a major factor in the drive to incorporate Milton as its own, unique City. Accordingly, the City of Milton determines that it has a substantial government interest in striking a proper balance between the right of freedom of expression in terms of the time, place and manner of signage with the need to preserve the pristine character of the City. Section 3: Definitions. Words and phrases used in this Article shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined in the zoning ordinance of the City of Milton, shall be given the meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Article. Abandoned sign. Any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts maintenance responsibility. Animated sign. Any sign, or part of a sign, that uses any movement or change of lighting or color to depict action or create a special effect or scene. Audible sign. Any sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means. Page 4 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Awning/canopy sign. Any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. Banner. A sign other than a flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor canopy signs are considered banners. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Billboard. A freestanding sign with an area of more than one-hundred twenty (120) square Feet and not to exceed 12 feet in height. Changeable copy sign. Any sign that incorporates changing lights, lettering, or images to form a sign message or messages, whether such changes are accomplished electronically or manually. City Council. The City Council of the City of Milton. City. The City of Milton. Fall zone. An area equal to one hundred thirty-three percent (133%) of the height of the structure in every direction. Flag. Any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other legal entity or legally organized organization. Flashing sign. A sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits marked changes in lighting effects. Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. A permanently affixed sign which is wholly independent of a building for support. Graffiti. Unauthorized writing or drawing on the façade of any building, sign, path, accessory structure, wall, fence, or other site element. Illuminated sign, External. A sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates. Illuminated sign, Internal. A sign illuminated by an internal light source. Such Page 5 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box source cannot be a device that changes color, flashes, or alternates. Kiosk. A small structure with one or more sides that is used to vend merchandise or services. Lot. A parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. The Director of the Department of Community Development, or his or her designee for a particular purpose. Marquee, marquee sign. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Monument. A freestanding sign with a base width of not less than the width of the sign face. Moving sign. A sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the structural movement of parts. Multi-tenant. One or more buildings, located on a single premise or development, containing two (2) or more separate and distinct individual establishments, which occupy separate portions of the building or buildings and which are physically separated from each other by walls. Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (A) acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (B) acts of masturbation; (C) acts involving excretory functions or lewd exhibition of the genitals; (D) acts of bestiality or the fondling of sex organs of animals; or (E) sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. Pennant, streamer. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. Permanent sign. Any sign which, when installed, is intended for permanent use. A permanent freestanding sign shall be of a type and construction as not to be easily or readily removed from the lot on which it has been erected. Page 6 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Permit. A sign permit reviewed, approved, and issued by the City Department of Community Development. Permittee. The person and/or entity owning or leasing the land on which the sign is erected or for which an application has been submitted. Person. A natural or legal person, including a firm, organization, partnership, trust, and corporation. Portable sign. A sign which is not permanently affixed to the ground or to a structure, including but not limited to signs on trailers or signs mounted or painted on vehicles which are parked in such a manner as to serve the purpose of a sign. Principal building. The building in which the principal use of the lot is conducted. Non-residential lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly accessory uses shall not be considered principal buildings. Projecting sign. Any sign which is suspended or projected from the wall, eave, or soffit of the building. Public sign. Any sign erected by a governmental entity. Roof sign. Any sign erected and constructed wholly on and over the roof of a building, or supported by the roof structure. Sign face. That part of a sign that is or can be used for advertising purposes. Sign. Any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. Sign Kiosk. A kiosk that contains signs. Standard Informational sign. A sign with an area of not greater than four (4) square feet, with a sign face made for short term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three (3) feet and is mounted on a stake or metal frame with a thickness or diameter not greater than one and one-half (1 ½) inches. Temporary sign. Any sign of nonpermanent nature. All such signs shall be removed within three (3) calendar days after the purpose of which the sign is intended to advertise has been accomplished. Page 7 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Water Tower. A tower or standpipe serving as a reservoir to deliver water at a required head, whether in use, no longer in use or an architectural feature. Wall sign. Any sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as otherwise set forth herein. Window sign. Any sign that is affixed to the exterior of the window or window panes or within 5 feet of the interior of the window or window panes and is visible from the exterior of the structure. Section 4: Powers and Duties of Personnel. The Director is hereby authorized and directed to administer and enforce this article, unless otherwise specifically provided by Ordinance of the City of Milton City Council. Section 5: Applicability. The standards of this Article shall apply to all signs erected within the corporate limits of the City. This includes those areas that have been or will be annexed into the corporate limits of the City. Section 6: Permit Required. Except where specifically not required by the standards of this Article, it shall be unlawful for any person to post, display, materially change, or erect a sign in the City without first having obtained a sign permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way or from neighboring properties shall not be subject to the standards of this Article. Section 7: Fees Required. No permit shall be issued until the appropriate application has been filed with the Director and fees, as set from time to time by Ordinance of the City Council, have been paid. Section 8: Application. A. Application Content 1. Applications for sign permits required by this Article shall be filed in duplicate by the person owning the subject property, or the owner’s agent, in the office of the Director upon forms furnished by that office. The application shall describe and Page 8 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box set forth the following: 2. The type and purpose of the sign as defined in this Article. 3. The value of the sign. 4. A survey to scale showing the street address of the property upon which the subject sign is to be located, the proposed location of subject sign on subject property, the distance of the proposed sign from the subject property’s boundaries, and all existing structures or buildings on the subject property. 5. The square foot area per sign and the aggregate square foot area if there is more than one (1) sign face. 6. The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located. 7. Written consent of the owner of the property, or his/her agent, granting permission for the placement, maintenance, size, and height of the subject sign to be placed on the property. 8. For wall signs: Two sets of building elevations. 9. The name, address, telephone number, and business license number of the sign contractor. All applicants for signs which incorporate electricity must obtain an electrical permit. 10. Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the proposed sign from ground level and adjacent street level. 11. The zoning district in which the subject property is located, and a statement of compliance with all requirements of the zoning district. B. Other Zoning Requirements So long as an application conforms to the standards and procedures of this Article, the applicant is exempted from any additional standards, other than standards relating to color, and procedures relating to signs in the City’s Zoning Ordinance. Section 9: Application Rejection. A. Incomplete; False Page 9 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box The Director shall reject any application that is incomplete, that contains false material statements or omissions, or that is for a sign which would violate any standard within this Article within thirty (30) business days of receipt of said application. The Director may reject at anytime prior to the expiration of the thirty (30) day period, if the application is incomplete or contains false material statements or omissions, by returning the application to the applicant. B. Processing Time; Denial The City shall process all complete and accurate sign permit applications within thirty (30) business days of the City’s actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The Director shall give notice to the applicant of his/her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth (30th) business day. If the decision of the Director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the City to act within the thirty (30) day period shall be deemed a denial of the permit. If notice is mailed in conformity with this Section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this Article will be granted. Any application not meeting the standards of this Article will be denied. C. Appealable A rejection pursuant to this Section shall be appealable pursuant to the procedures for Zoning Appeals outlined in the Milton Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within sixty (60) days from date an appeal is filed. If a final decision is not rendered within the sixty (60) day period, the decision sought to be appealed shall be affirmed. D. Resubmission A rejected application later resubmitted in conformity with this Article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application. Section 10: Permit Revocation. Should it be determined that a sign permit was issued pursuant to an application containing a false material statement or omission, the Director shall revoke said permit and the subject sign shall be immediately removed. A revocation pursuant to this Section shall be appealable pursuant to the procedures for Zoning Appeals outlined in the City’s Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within sixty (60) days from date an appeal is filed. Page 10 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box If a final decision is not rendered within the sixty (60) day period, the decision sought to be appealed shall be affirmed. The permit for any sign not meeting the standards of this Article will be revoked. Section 11: Variance. A. Limitations The Board of Zoning Appeals shall be allowed to grant variances to this Article B. Timing The Board of Zoning Appeals shall hear and decide upon a variance within eighty (80) days of the submission of a complete and accurate application. C. Procedure Except as modified by this Article, the procedures for requesting a variance from the standards of this Article shall be the same procedures as that for seeking a variance from the City’s ordinances regulating zoning. D. Standards Relief only to the Sign Ordinance may only be granted where existing foliage or structures bring about a hardship whereby a sign meeting minimum maximum letter size, square footage and height requirements cannot be read from an adjoining public road. The standards which shall be considered for granting a variance from the standards of this Article shall be only the following: 1. Relief, if granted, would be in harmony with, or, could be made to b in harmony with, the general purpose and intent of the Zoning Resolution; or, 2. The application of the particular provision of the Zoning Resolution to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public; or, Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from adjoining public road. Section 12: Suspension, Revocation. Comment [rhm1]: PC recommended to delete only. Comment [rhm2]: PC recommended to add only. Comment [rhm3]: PC recommended to delete minimum and insert maximum. Staff is in agreement with this proposed change . Comment [rhm4]: PC recommended to insert maximum. See Comment rhm 3 above Page 11 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box A. Violation Violation of any provision of this Article shall be grounds for terminating the permit granted by the City to the Permittee or the person or entity erecting the sign. No permit shall be suspended, revoked or canceled except for due cause, as hereinafter defined, and until after the Permittee is granted a public hearing before the City council. B. Hearing The Permittee shall be given ten (10) days written notice of the time, place, and purpose of the hearing, with a statement of the reason for the suspension, revocation, or canceling of such permit and/or license. “Due cause” is the violation of the standards of this Article. The termination of the permit does not in any way preclude the person or persons alleged to have violated the standards of this Article from being tried under Section 19(E) of this Article or preclude the City from taking any other action authorized by this Code and/or any action authorized by law. Section 13: Expiration Date. A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six (6) months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one (1) ninety (90) day extension may be granted by the Director. No refunds shall be made for a permit after the permit is issued. If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. Section 14: Business License Tax Certificate, Public Liability Insurance Required. It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the City, unless and until such entity shall have obtained a City occupation tax certificate and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in effect public liability and property damage insurance in the sum of twenty-five thousand dollars ($25,000.00) for property damage for any one (1) claim, and public liability insurance in an amount not less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to one (1) person. The certificate of insurance shall state that the insurance carrier shall notify the City thirty (30) days in advance of any termination and/or restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. Section 15: Identification Labels; Inspection; Notice. Page 12 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box A. Identification Labels With each sign permit, the Director shall issue a sticker bearing the same number as the permit with which it is issued. It shall be the duty of the Permittee or his agent to affix such sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this Article. B. Inspection The Director shall inspect all existing signs in the City to determine if such signs conform to the standards of this Article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs. Section 16: Signs Which Require No Permit. The following shall not count toward the total amount of signage allowed and no permit is required so long as all standards in this Article are met, including those set forth below: 1. Numerals displayed for the purpose of identifying property location not to exceed eight (8) inches in height; 2. Flags; 3. Window signs where allowed; 4. Door signs not to exceed one (1) square foot in size and not more than one (1) sign per door; and 5. Temporary Standard informational signs in all districts. Section 17: Prohibited Signs and Devices. The following types of signs are prohibited in the City: A. Signs Any sign not specifically identified in this Article as a permitted sign. B. Balloons and Streamers Fringe, twirling, A-Frame, sandwich-type, sidewalk or curb-type signs, portable display signs, balloons, streamers or air or gas filled figures and other similar temporary signs, except where permitted in Section 25. Page 13 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box C. Beacons; Search Lights; Laser Promotional beacons, search lights or laser lights or images. D. Audible Signs Audible signs. E. Signs in Right of Way Signs in a public right of way, other than those belonging to a government, public service agency, or railroad. F. Signs on Tree, Utility Pole or Water Towers Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. G. Roof Signs Roof signs and signs which extend vertically above any portion of a roof or parapet of the applicable wall. H. Portable Signs Portable signs, including signs attached to any parked vehicle or trailer, so as to be visible from a public right-of way, except that signs posted in the window of a vehicle, totaling 1 square foot shall be permitted but not when parked within a non-residential district or AG-1 (Agricultural) developed with a non-residential use with the intent to sell that vehicle I. Obscene Signs Signs which depict obscene material. J. Illegal Activity Signs Signs which advertise an activity which is illegal under federal, state or local laws. K. Signs Not Maintained Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters. L. Abandoned Signs Page 14 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Abandoned signs. M. Animated; Flashing Signs Animated signs, flashing signs, rotating signs, and changeable copy signs. N. Imitation Traffic Signs Signs which contain or are an imitation of an official traffic sign or signal or contain the words “stop,” “go,” “slow,” “caution,” “warning,” or similar words in such a manner as to resemble official traffic control signs. O. Graffiti Graffiti. P. Sign Kiosks Sign Kiosks. Q. Signs Attached/Painted to Natural Objects Signs attached to trees; signs painted on or otherwise attached to rocks or any natural objects. Section 18: Violations; Penalties. A. Noncompliance No person shall erect on any premises owned or controlled by that person any sign which does not comply with the standards of this Article. B. Dangerous or Defective No person shall maintain or permit to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the Permittee of the sign, the owner of the premises, or as otherwise provided for in this Article. C. Separate Violation Each sign installed, created, erected or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions herein. Page 15 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box D. Public Nuisance Any violation of this Article is hereby declared to be a public nuisance. E. Notice The Director shall give the Permittee from 1 (one) to 14 (fourteen) calendar days written notice, based on the urgency of the particular situation and the practical considerations of completing measures to comport with the standards of this Article, to correct the deficiencies or to remove the sign(s) which is in violation of this Article. If the Permittee refuses to correct the deficiencies or remove the sign, the Director will have the sign removed at the expense of the Permittee. F. Citations If any sign or other device covered by this Article is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this Article, the Director shall issue a citation. Additionally, the City may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. Any violation of this Article shall be an offense, and the violator shall be subject to a fine of up to one thousand dollars ($1,000.00) per day, imprisonment for up to sixty (60) days, or by both such fine and imprisonment. Section 19: Nonconforming Signs. A. Maintained A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted. All nonconforming signs shall be maintained in good repair. B. Repairs; Material Change Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this Article. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of sign then such sign may be repaired without regard to the restrictions of this paragraph. C. Grandfathering Page 16 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Legal Nonconforming signs may stay in place until one of the following conditions occurs: 1. The advertised business ceases at that location; 2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or 3. The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this Article. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of sign then such sign may be repaired without regard to the restrictions of this paragraph. Section 20: Removal of Unlawful or Dangerous Signs. A. Removal. The City may order the removal of any sign in violation of this Article by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the permit. B. Procedure Following Removal Order. If the sign is not removed within the time allowable pursuant to a removal order the City may remove or cause to be removed the sign and collect the costs therefor. Section 21: Sign Location. A. Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. B. Signs Not to Constitute Traffic Hazard. No sign or any part thereof, except authorized traffic signs, shall be located in any government right-of-way. No sign may be located any closer than twenty (20) feet to an intersection as measured from the intersection of the two (2) rights-of-way. C. Setback. Page 17 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Unless a more restrictive setback is specified in conditions of zoning or otherwise in this Article, all signs shall set back the greater of 10 feet from the right-of-way or 20 feet from the edge of pavement if a private street and no sign shall project over the right-of-way. Section 22: Measurement of Sign Area. A. Size Generally The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is placed. If polygons established around wall signs located on the same street oriented wall are within twenty-four (24) inches or less of one another, then the area of the sign shall be measured within one continuous polygon. B. Structure The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. C.. Multi-Faced Signs For multi-faced signs, when the sign face surfaces are back to back, or where the interior angle formed by the faces is forty-five (45) degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle. D.. Three dimensional signs shall not exceed two (2) inches from surface. Section 23: Measurement of Sign Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. Section 24: Construction Standards. Page 18 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box A. Building Codes All permanent signs permitted under this code shall be constructed and maintained in accordance with the applicable City building codes. For any sign that is greater than 8 feet in height (as measured from grade) and greater than 32 square feet in area, the permitee must submit, with its application, detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure and sign face and must be certified by a licensed professional structural engineer. The certifying engineer must also be able to provide an insurance certificate indicating it carries a minimum of 1 million dollars of professional liability insurance. The city may remove, after reasonable notice, any sign which shows structural faults, neglect, or becomes dilapidated. B. Faces The face of sign shall be flat, with protrusions of no more than two (2) inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other advertising structure shall be constructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood. C. Illumination Signs may be externally illuminated where permitted pursuant to this Article. Colored lighting is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be screened from the view of the general public with shrubs. D. Construction of Bases Except in the overlay districts, freestanding signs shall have a base not less than one-third (1/3) the width of the sign face. Base must also be wood or brick or stone or have the appearance of wood, brick or stone or other materials which are compatible with the main structure as approved by Community Development Director. E. Landscaping Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of freestanding signs. Section 25: Restrictions Based on Location. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this Section shall be prohibited in that district, except as otherwise Page 19 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box provided for under this Article. The following standards govern signs within specific zoning districts. A. Permitted in all Zoning Districts 1. Signs during Construction. One (1) sign shall be allowed during construction. A permit shall be required. The sign may be externally illuminated, shall not exceed twelve (12) square feet in area and five (5) feet in height, and shall be allowed beginning with the commencement of construction and ending with the issuance of the last Certificate of Occupancy or two years, whichever one shall first occur. Thereafter, the permitee may reapply for a renewal permit subject to same termination conditions as set forth in this paragraph.. 2. Temporary Standard Informational Sign. Each lot and or development may display one (1) standard informational sign not exceeding (four) 4 square feet in area and five (5) feet in height, without a permit except that during a political election or referendum, between the date of qualification of the candidate or the referendum question and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs. 3. Banners shall be allowed for a period not exceeding ten (10) consecutive days with no more than four (4) such ten (10) consecutive day periods being permitted per calendar year per lot. Banners shall not be more than twenty-four (24) square feet. A permit shall be required. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet or shall not extend more than five (5) feet above grade when on the ground. B. Agricultural District 1. Freestanding Signs. a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. Maximum height shall be six (6) feet from finished grade. . b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, and the light shall be screened from view with evergreen plantings as approved by the Community Development Director. Signs shall not have changeable copy c. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within Page 20 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box each development may display not more than one (1) flag and/or flagpole.. The flagpole shall not exceed twenty-five (25) feet in height. Flag size shall not be more than twenty-four (24) square feet. d. Each residence may display up to 12 (twelve) square feet of signage with no single sign greater than 4 (four) square feet. 1. Freestanding Signs. a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. Maximum height shall be six (6) feet from finished grade. . b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. c. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, and the light shall be screened from view with evergreen plantings as approved by the Community Development Director. Signs shall not have changeable copy d. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole.. The flagpole shall not exceed twenty-five (25) feet in height. Flag size shall not be more than twenty-four (24) square feet. e. Each residence may display up to 12 (twelve) square feet of signage with no single sign greater than 4 (four) square feet. C. Single Family Residential, CUP and NUP Districts 1. Freestanding Signs a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. Maximum height shall be six (6) feet from finished grade. b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, the light shall be screened from view with Comment [rhm5]: PC recommended to split b. into b and c and to delete “Maximum height shall be six (6) feet from finished grade in 1.a. Page 21 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box evergreen plantings as approved by the Community Development Director and shall not have changeable copy. c. Flag. Each lot may display no more than one (1) flag and /or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. d. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. C. Single Family Residential, CUP and NUP Districts 1. Freestanding Signs a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. Maximum height shall be six (6) feet from finished grade. b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. c. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, the light shall be screened from view with evergreen plantings as approved by the Community Development Director and shall not have changeable copy. d. Flag. Each lot may display no more than one (1) flag and /or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. e. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. D. Apartment and Townhouse Residential Districts 1. Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. Comment [rhm6]: PC recommended to split b. into b and c and to delete “Maximum height shall be six (6) feet from finished grade in 1.a. Page 22 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flags. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-five (25) feet in height. Flag size shall not be more than twenty-four (24) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward . g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. Page 23 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box 3. Window Signs. Not more than three (3) window signs per development shall be allowed and shall not be larger than four (4) square feet or cover more than five percent ( 5%) of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. E. O-I District 1. Billboards. Within Office-Institutional (O-I) districts, freestanding signs shall not exceed one hundred twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with .evergreen plantings as approved by the Community Development Director. Page 24 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-five (25) feet in height. Flag size shall not be more than twenty-four (24) square feet. 3. Wall Signs a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward. g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. F. Mixed Use District 1. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet. Page 25 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-five (25) feet in height. Flag size shall not be more than twenty-four (24) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may haven an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. Page 26 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. G. Commercial and Industrial Park Districts (M-1A) 1. Billboards. Within Commercial (C-1) and Industrial Park (M-1A) districts, freestanding signs shall not exceed one hundred twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, roadways, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2.. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. Page 27 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-five (25) feet in height. Flag size shall not be more than twenty-four (24) square feet. 3. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet or three (3) percent of the wall area. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. H. Industrial Districts 1. Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not exceed one hundred-twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; Page 28 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen planting as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall Page 29 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. I. Mobile Home Park District 1. Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. Page 30 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box 2. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. Section 26: Overlay Districts The following standards and requirement shall take precedence over city-wide standards and requirements with in the boundaries of the given overlay district. 26.1 STATE ROUTE 9 OVERLAY DISTRICT SIGNS. A. All free-standing signs shall be monuments with the width of the base equal to the width of the sign face. The structure/base should match the principal building materials. B. Multi-tenant developments are allowed one primary monument for the overall development which shall not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet. C. Multi-tenant developments on corner lots are allowed an additional monument sign on the secondary street at the project entrance which shall not exceed a maximum surface area of 24 square feet and a maximum height of four (4) feet. Page 31 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box D. Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of 32 square feet and a maximum height of 6 feet. E. Gas Stations, convenience stores, discount warehouse and similar facilities that sell gasoline may have an additional 24 square feet of surface area and not to exceed 6 feet in height. F. Two or more businesses that share a single tenant space are limited to one monument signs which shall not exceed a maximum surface area of 32 square feet and a maximum height of 6 feet. G. Monuments signs shall be set back a minimum 10 feet from the public right-of-way and shall be a minimum of 35 feet from any other identification monument. H.. Each place of business is allowed a maximum of two wall signs. I.. Wall signs shall face public streets and/or pedestrian-parking areas. J. Wall signs shall not exceed 100 square feet or 5% of the applicable wall area, whichever is less. The length of the sign shall not exceed 10 times the height of the sign. K.. Permanent and/or temporary signs in windows shall not exceed 5% of the aggregate window area and shall not block visibility from outside the store. The allowable signage of 5% may be placed in one or more window panels. The area of the doors and spandrell glass panels are excluded from the calculation of the applicable sign area. L. . The following information may be permanently displayed in windows or glass doors and is exempt from the 5% limit: street address, required to be posted by local, state or federal governments. The lettering for this information shall be four inches tall or as required by Fire Safety Code. Also exempt are store hours and security information. M.. Window signs with neon, fluorescent, LED lighting or tube lights are prohibited. N.. Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof line or outer edges of the building. O. Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. Page 32 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box P. The architectural color standards of the district apply only to the sign structure not to the sign face. See Table 26-1.P-1. Table 26-1. P-1 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168 C, 181 C,483 C, 484 C, 675C, 1685C, 4975 C Browns, Beiges and Tans 462 C to 468 C; 4625 C to 4685 C, 469 C, 474C, 475 C;4695 C to 4755 C 478 C, 719 C to 724 C 725 C to 731 C 476U to 482U 719U to 725U 726U to 732U Red-Browns 154 U, 1395 U 1405 U Q. Prohibited Sign Types: 1. Rotating, projecting, pylon, pole, portable, changeable copy signs, flashing, animated, sandwich, blinking, fluctuating, and electronic/manual reader boards, changeable copy signs and neon are prohibited. 2. Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or commercial activity shall not be parked or stored within 100 feet of the curb of any public right-of-way. This standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting customers, except that such vehicles shall not be parked within 50 feet of the curb of any public right-of-way after hours if the vehicles are visible from the public right-of-way. 3. Posters, placards,flashing, animated, blinking, fluctuating, electronic/manual reader boards, and changeable copy signs are prohibited. R. Wall signs may be internally illuminated. S. Monument signs shall be externally illuminated. Page 33 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box STATE ROUTE 9 OVERLAY DISTRICT MAP Page 34 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box 26.2 CRABAPPLE CROSSING OVERLAY DISTRICT SIGNS A. Freestanding signs 1. All signs must meet the following standards: a. Signs shall not have changeable copy including but not limited to scrolling, rotating, flashing, nor computerized changeable copy. Theatres, schools, churches, parks and gas stations may have changeable copy that is changed manually. b. If illumination is used, the sign shall be externally illuminated. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. c. The sign structure shall be constructed of wood, brick or stone or a material which has the appearance of wood, brick, or stone as approved by the Community Development Director and to the extent possible shall be the same material as the predominant material of the principal building d. The sign face and/or sign letters shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the Community Development Director. Plastic inserts are prohibited. e. The sign shall be supported either on one side or on both sides (aka Shingle sign) Page 35 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box 2. Non-Residential Multi-Tenant Building and/or Development a. The maximum height shall be 8 feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There shall be one sign per right-of-way frontage and it shall be located at the project entrance. 3. Non-Residential Single Tenant Building a. Maximum height shall be 6 feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. Page 36 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box c. There shall be one sign per right-of-way frontage and it shall be located at the project entrance. 4. Residential Uses a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two (2) twelve (12) square foot signs not to exceed 24 square feet or one (1) sixteen (16) square foot sign per entrance. B. Wall Signs 1. Wall signs shall not have changeable copy. 2. If illuminated, wall signs shall be externally illuminated and directed downward. 3. Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs can hang from the building. 4. Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 5. A businesses may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall be 3% of the applicable wall area. Corner buildings may have an additional wall sign. 6. A business may have an additional sign perpendicular to the wall with a maximum sign area size of 2 square feet. Page 37 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box C. Sign Structure Colors 1. Refer to Table 26.2. C-1. for Sign Structure Colors for the Crabapple Crossroads. D. Prohibited Sign Types: 1. Lollypop signs, monument signs, temporary window signs, signs placed in the interior of a window with the intent of being viewed Table 26.2.C-1 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 316C 401-405C 407-412C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 625U 627U Warm Grey 5-7C Warm Grey 8-11 Page 38 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box by those outside of the building. Rotating, projecting, pylon, poles, portable, flashing, animated, sandwich, blinking, functionality, and electronic needs, boards, chargeable copy signs and neon are prohibited. E. Window Signs Any sign within 5 feet of a window is considered a window sign, for the purposes of application of this section of the Ordinance. CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP Page 39 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box 26.3 BIRMINGHAM CROSSING OVERLAY DISTRICT SIGNS. A. Free standing signs 1. All signs must meet the following standards: Signs shall not have changeable copy including scrolling, rotating, flashing, or computerized changeable copy. a. If illumination is used, the sign shall be externally illuminated. The light shall be directed downwards. b. The sign structure shall be constructed of wood, brick or stone and to the extent possible shall be the same material as the predominant material of the principal building. c. The sign face shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the Community Development Director. Plastic inserts are prohibited. d. The sign shall be supported either on one side or on both sides (aka Shingle sign) 2. Non-Residential Multi-Tenant Building and/or Development (Amended 11/03/04) a. The maximum height shall be 8 feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. Page 40 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box c. There shall be one sign per right-of-way frontage. 3. Non-Residential single Tenant Building a. Maximum height shall be 6 feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There shall be one sign per right-of-way frontage. 4. Residential Uses a. Maximum height shall be six feet from finished grade. b. The maximum size shall be 16 square feet. c. Each residential development may have a maximum of one sign per entrance. B. Wall Signs 1. Wall signs shall not have changeable copy. 2. Wall signs shall be externally illuminated and directed downward. 3. Wall sign shall not cover architectural features or details and not extend beyond the roof line. 4. Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 5. A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall be 3% of the applicable wall area. Corner buildings may have an additional wall sign. 6. A business may have an additional sign perpendicular to the wall with a maximum sign area size of 2 square feet. Page 41 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box 7. A portion of the wall sign can be placed on an overhang or a canopy. 8. Any sign within 5 feet of a window is considered a window sign, for the purposes of application within this section of this Ordinance. C. Refer to Table 26.3-C for sign structure color in the Birmingham Crossroads Overlay. Page 42 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Table 26.3-C Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 D. Prohibited Sign Types: 1. Lollypop signs, temporary window signs, signs placed within 5 feet of an exterior window with the intent of being viewed by those outside of the building, internal illumination of plastic faced signs, electronic or flashing reader signs, exposed neon, changeable copy, ground “monument” signs. Rotating, projecting, pylon, poles, portable flashing, animated, sandwich, blinking, functionality, and electronic needs, boards, chargeable copy signs and neon are prohibited. Page 43 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP Page 44 of 44 RZ09-01 – Text Amendment for Mayor and City Council Meeting April 13, 2009 PC recommendations in Comment Box Section 27: Severability. Should any article, section, clause, or provision of this Article be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared to be invalid, it being the intent of the City Council of the City that each article, section, clause, and provision hereof be severable. ORDINANCE NO. __________________ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ALLOW A WAIVER OF THE PENALTY OF THE BASE AMOUNT OF PAST DUE AD VALOREM TAXES ON A CASE BY CASE BASIS, TO ALLOW FOR PAYMENT OF PAST DUE AD VALOREM TAXES IN INSTALLMENTS, AND FOR OTHER PURPOSES. BE IT ORDAINED by the City Council of the City of Milton while in regular session on the _____ of April, 2009 at 6:00 pm: WHEREAS, Section 1.12(40) of the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment and collection of ad valorem taxes on all property subject to taxation; and WHEREAS, Section 4.14 of the Charter of the City of Milton, Georgia authorizes the City’s Treasurer to collect all taxes and other moneys belonging to the city, subject to the provisions of the Charter and Ordinances of the City and to enforce all state laws relating to collection of delinquent taxes; and WHEREAS, Section 6.18 of the Charter of the City of Milton, Georgia authorizes the City Council by ordinance to provide for the collection of delinquent taxes by whatever means as are not precluded by law including but not limited to the dates when taxes are due and the assessment of late penalties and interest; and WHEREAS, Chapter 10, Section 3 states that any person failing to return his property for tax purposes on or before the 31st day of October of each year shall be assessed a 10 percent penalty and, whereas the City assesses a 10 percent penalty upon all past due tax bills after 90 days from the due date in addition to the amount of ad valorem taxes due to the City and interest due thereupon; and WHEREAS, Chapter 10, Section 3 states that partial payments shall be accepted with interest and penalties being computed on outstanding balances as of the delinquent date; and WHEREAS, there is over $600,000 in outstanding ad valorem property taxes owed to the City of Milton; and WHEREAS, due to the current global recession and economic crisis, certain taxpayers are experiencing unusual difficulty and hardship in making timely payment of the ad valorem taxes that are owed to the City of Milton; and WHEREAS, for a temporary period, it is in the best interests of the City of Milton to provide an opportunity for taxpayers to meet their tax obligations by waiving penalties on a case by case basis; WHEREAS, for a temporary period, it is in the best interests of the City of Milton to allow certain delinquent taxpayers to demonstrate their good faith and meet their tax obligations by allowing payment of their balance in installments. BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: Section I: The City’s Treasurer in coordination with the City’s Finance Manager shall cause a notice to be sent to delinquent taxpayers stating that they may be eligible to apply for a waiver of the 10 percent penalty (but not interest) if they will pay the balance of the 2008 ad valorem taxes owed within 45 days of the date the notice was sent. The notice should provide the taxpayer with a method by which they may apply for the waiver and the taxpayer should set forth any good faith reasons they believe they should be granted the waiver. Section II: The City’s Treasurer in coordination with the City’s Finance Manager shall present the applications for waiver to the City Council with a recommendation concerning the waiver as to each such application. The City Council will then determine as to each such application whether the waiver will be granted based upon the taxpayer’s demonstration of economic difficulty and hardship in meeting his/her 2008 ad valorem tax obligation. Section III: Notwithstanding the above, the City’s Treasurer in coordination with the City’s Finance Manager shall also notify delinquent taxpayers that the City will consider accepting payment for 2008 ad valorem taxes in installments over a six month period beginning when the notice is sent. However, in this event, the 10 percent penalty will not be waived. The notice should encourage delinquent taxpayers to contact the City to arrange an installment plan. Section IV. This ordinance shall terminate on October 31, 2009 and no applications for relief under this ordinance shall be considered after that date. In no event will this ordinance be applicable to any taxes owed for tax year 2009 unless extended by further ordinance. ORDAINED this the ____ day of __________, 2009 ______________________________ Joe Lockwood, Mayor Attest: ______________________________ Jeanette R. Marchiafava, City Clerk City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: ML Marietta, Assistant to the City Manager Date: Submitted on March 16, 2009 for the April 27, 2009 Council Meeting Agenda Item: Consent for the Extension of the Consulting Agreement with Latta Enterprises for Six Months and in Accordance with the Established Terms of the Contract City Manager’s Office Recommendation Approve the request to extend the consulting agreement with Marie Latta and Latta Enterprises for six months to continue providing accessibility and ADA compliance guidance to the City of Milton. Background In the interest of providing a welcoming and accessible community to persons who are differently abled, the City contracted with Marie Latta to provide consulting services. This service has proved important to crafting our long-term approach to municipal government and in ensuring not only an understanding of ADA compliance issues, but also taking a proactive step to include accessibility in the vision of the City as it matures. Discussion The six-month period originally contracted for in this agreement will end on April 22, 2009. In the understanding that all issues may not be addressed in the period allotted, the agreement included a clause that allowed an extension of the consulting relationship for a period of six months at the same terms. At this point, it would be advantageous to exercise this extension and continue the progress we have made to this point. Funding and Fiscal Impact The extension of this agreement is funded already in the current fiscal year budget. Alternatives: The City may choose a different path related to ADA Compliance. Should this agreement not be extended, the City Manager will seek alternatives. Concurrent Review: Chris Lagerbloom, City Manager Your Resource for an Accessible Community Latta Enterprises 6851 Roswell Rd, Atlanta GA 30328-2416 770-399-9660 *** fax 770-399-0858 *** latta@mindspring.com To: Chris Lagerbloom, Milton City Manager From: Marie Latta, ADA Consultant Date: March 16, 2009 Subject: Request six month renewal of ADA agreement between City of Milton and Latta Enterprises Dear Chris: The purpose of this letter is to request a six month extension to the agreement between the City of Milton and Latta Enterprises for ADA compliance services at the same fee of 4166.00 per month for six (6) months. The original agreement under which we are currently working is for a period of 180 days from the date that both parties had signed the agreement. That date is October 24, 2008. The agreement states in Section C Terms and Conditions, number 4 that the agreement will be in effect for 180 days. (I believe that puts the terminal date at April 22, 2009.) It also states that at the expiration, the parties may choose to renew for an additional six (6) month term. While we have accomplished a great deal, there is much left to be done. From the beginning this has been a very positive and productive venture. Working with the support of the mayor and city council members, staff, and MDAC has been a pleasure. What we have done to this point? We are in the middle of the fifth month of the six (6) month agreement. Even though I came in the midst of change in the city manager’s office, I have always been allowed access to all the staff and been given the freedom to move forward. Because daily operations do not stop and wait for us to assess policies and procedures or programs and service, we have in essence done several things simultaneously. • Build relationships. • Assess the initial overall status of compliance and awareness of the requirements. • Assess conditions of facilities. • Review Comprehensive Plan update documents which had deadlines based on a State of Georgia DCA planning process. Your Resource for an Accessible Community • Educate staff (beginning stages) and increase awareness of what ADA actually requires. • Work with the Milton Disability Awareness Committee. • Develop some of the critical documents which are required under ADA Title II. • Address issues as they come up. • The monthly summaries have outlined accomplishments. Challenges: • While I thrive on change and developing new models, the primary challenge has been working in the midst of changing leadership. Moving forward I look forward to working with you as the City Manager to be sure none of the work is being done in a vacuum and that the federal requirements and city needs are met in a way that results in everyone being able to participate fully in this vibrant community. • While my role to this point has been heavily advisory, it is time for our work to incorporate the advisement into a more collaborative model. What is left to do? • We will continue to work through the extensive Title II administrative requirements, moving from the initial stage into a much more focused one • Following are some necessary priorities. • Work with the Emergency Operations Planning to ensure that people with any disability will have equal access to the full range of emergency services. • Do a more specific comprehensive review of all the programs and services for compliance along with a continuing review of policies and procedures. As you and I have discussed, this will require much more time spent with each department. • Continue the work toward having alternative communications in place until the plan is complete, operational, and the community is informed of its availability. • Work directly with Community Development and Public Works doing development and design plan reviews to assess needs in the review process; doing site visits to assess compliance in the construction stage, and developing procedures for staff to use in reviewing for ADA compliance. • Additional review of web site based on standards developed by the federal government. • Take training from our current on-the-go training to a formal process with built in accountability that can be used long term. • Based on the completion of requirements, develop the “Transition Plan” notebook as required. • Along with these items, there will continue to be a need for plan reviews, such as the Comprehensive Plan as it works its way through the planning process. • Work with and educate citizen committees. • Combine ADA and accessibility awareness and education with community events where practical. Your Resource for an Accessible Community I feel like we have built the foundation and framing and are ready to put the structure in place for a model ADA Compliance Plan. The momentum is strong. In order to finish the necessary tasks before us, I am requesting that the Mayor and City Council approve a six month extension to our agreement. Sincerely, Marie B Latta, M.Ed. ADA Consultant Latta Enterprises: Your Resource for Accessibility Compliance ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advice. 1 Latta Enterprises: Your Accessibility Resource for ADA Compliance Marie B Latta, M.Ed. 6851 Roswell Rd, Atlanta GA 30328-2416 770-399-9660 *** fax 770-399-0858 *** latta@mindspring.com Professional Services Agreement between: Marie B Latta, M.Ed., Latta Enterprises 6851 Roswell Rd NE, Unit E-3 Atlanta GA 30328 and The City of Milton 13000 Deerfield Parkway Building 100, A/B Milton GA 30004 Date: March 31, 2009 Latta Enterprises agrees to provide ADA/ Accessibility Compliance Consultant Services to the City of Milton, Georgia, for a period of 180 days effective on or after April 23, 2009 and when signed by both parties. Marie Latta will provide ADA compliance consultant services for the City of Milton. • Latta Enterprises, a sole proprietorship, will provide services: o At a fixed fee (See below) for a 180 day period. o Complete assessments for compliance and planning purposes. o Develop work as listed in scope and as identified in assessments. o Prior to end of six month period, evaluate progress and update goals for possible extension. o Work will be completed by Marie B Latta, M.Ed. o Documents and materials created specifically for the City of Milton will be considered “Work for hire” and will be owned by the City of Milton. (Use of any training and educational materials owned by Marie B Latta will include © symbol.) • The City of Milton and Latta Enterprises together have the opportunity to continue building a foundation for accessibility that is sustainable into the future. o This requires knowledge, structure, and organization as well as adaptability and attention to customer service in order to meet compliance goals in the most efficient and productive way possible. Qualifications: (Also see collateral materials) • For seventeen years, Marie Latta has based her work on federal requirements for compliance with ADA, a civil rights law. (See federal Title II requirements below.). Latta Enterprises: Your Resource for Accessibility Compliance ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advice. 2 Her work in a wide variety of industries has been with federal, state and local government, and private enterprise. • The operational approach provides quality customer service beyond ADA compliance. • Along with her education, professional experience since 1976, personal experience as a wheelchair user since 1993, and volunteer service since childhood; Marie Latta has the mind of an auditor and the heart for human services. You will get a straight forward operational approach needed to comply with federal law and provide barrier free participation for people with disabilities. • Latta Enterprises delivers a positive hands-on approach to compliance. o Her work, reports, and developed documents will continue to: • Be based on ADA requirements and priorities. • Be of long term value. • Become working tools for the City of Milton. • Assessments • Assessment reports with recommendations and solutions • Advisement • Facilitation of change • Development of documents and materials • Training and education The Need: Compliance with Federal Law: • Compliance with Americans with Disabilities Act of 1990 as amended (ADA) and other accessibility laws. o ADA Title II (State and Local Government) has specific administrative requirements. o UFAS (Uniform Federal Accessibility Standards), a forerunner of ADA from Section 504 of the Rehabilitation Act of 1973, is still utilized as a compliance standard in some facets of state government. Staff should be aware of it and how it is used. o Fair Housing Guidelines required when receiving grant funds or tax breaks for affordable housing. Continued Development of a Culture of Universal Accessibility: • Safe, usable access to participation in all facets of community life for all citizens and visitors in the City of Milton. • Incorporation of ADA/Accessibility into all facets of the planning, development, and operations of the City of Milton. o As a result, accessibility will be a proactive part of the City of Milton from the beginning, not a separate issue. Scope of the Need: ADA requires accessibility compliance to cover the following four areas. • Physical/structural access Latta Enterprises: Your Resource for Accessibility Compliance ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advice. 3 • Programs and services • Policies and procedures • Employment ADA review for accessibility for people with disabilities must continue to include: • Physical/mobility disabilities • Cognitive disabilities. • Communications disabilities Desired Outcomes: • Reduced risk and prevention of costly liability and litigation based on discrimination against people with disabilities. • Inclusion of people with disabilities in participation and quality of life. o From the beginning, ADA compliance and safe usable accessibility should be an integral part of the City of Milton, making it a beneficial quality environment. • Cost benefit: o Including accessibility in all planning creates efficient use of financial and other resources, at times costing no more than doing it another way. o Eliminating the need for future retrofitting will save financial resources which can be invested in other ways. Scope: The Background and Federal Regulations: ADA Title II (State and Local Government) outlines in its technical assistance manual the administrative requirements, a framework for developing a required evaluation and Transition Plan which can: • Form a basis for establishing a plan of action and priorities. • Lead to long term policies and procedures for proactive compliance that is integrated into all facets of City of Milton government. • Lead to long term provision of accessible services. The Americans with Disabilities Act of 1990 (ADA) is composed of five Titles: Title I Employment Title II State and Local Government: Title II has Part A and Part B. the primary focus will be on Part A, but Part B (Transportation) will also be addressed in relation to the development of a transportation plan. Title III Public Accommodations by Private Entities (Commercial sector) Title IV Telecommunications Title V Miscellaneous ADA Title II compliance priorities: Programs and services Policies and procedures Employment Facilities Latta Enterprises: Your Resource for Accessibility Compliance ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advice. 4 Intent of ADA Title II (Marie Latta’s comment): ADA Title II encompasses the intent of all the Titles. It meets the needs of individuals with disabilities to participate in their communities as consumers of government services (including employment) in a way that enhances quality of life. Scope: The Approach Latta Enterprises Consultant Work with the City of Milton will continue to: • Be built on the Title II Administrative Requirements for the Americans with Disabilities Act of 1990 (as amended) listed below. • Be aligned with the City of Milton Mission Statement. ADA Title II Administrative Requirements 1. Designate an individual to oversee ADA compliance. 2. Develop grievance procedure. 3. Develop notice to the public. 4. Develop Self Evaluation Plan (multi-step administrative review of operations, programs, services, policies and procedures). 5. Develop Transition Plan (facilities and structural conditions or changes. a. List barriers that limit access. b. Outline methods to remove barriers and make facilities accessible. c. Outline compliance schedule. d. Make Transition Plan available to the public. e. Designated person responsible for Transition Plan’s implementation. 6. Develop Self Evaluation and Transition Plan notebook and make available to the public. 7. Retain Self Evaluation. Develop Self Evaluation (See #4 above.) Examine the following areas carefully: 1. Each program for physical barriers. 2. Policies and procedures for exclusion, justification for exclusions. 3. Effective communication, including emergency service. 4. Policy to ensure: a. Provisions for alternative communication. b. Method for securing services, including when and where. c. Maintenance of communication equipment. 5. Emergency evacuation procedures. 6. Audio Visual material to remove offensive language. 7. Historic preservation, priority to physical access. 8. Expeditious decisions regarding alteration or undue hardship. 9. Access to public meetings for people with mobility impairments. 10. Employment practices to ensure compliance including other non-discrimination laws and requirements. Latta Enterprises: Your Resource for Accessibility Compliance ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advice. 5 11. Building and construction policies for compliance after January 26, 1992. 12. Measures to ensure employees are familiar with policies and practices for full participation. 13. Policies do not discriminate against former drug users. After review of policies and procedures: Analyze for: Adverse affect on participation. Policies and procedures changes requiring immediate action. Scope: The Road Map Accessibility in the City of Milton: Based on ADA priorities and identified priorities. o The systematic prioritized approach will continue to allow work in several areas simultaneously. • Time lines will continue to be refined based on input and identified needs. Latta Enterprises: Implementing ADA Compliance Plan in the City of Milton Updated and to be continued during second phase ADA Compliance Objective Priority Review policies and procedures. • Review official City of Milton web site for discrimination against people with disabilities, including but not limited to: o Offensive language. o Statements which create risk of liability. • Review policies and procedures related to: o Programs and services provided by the City of Milton. o Employment. o Facilities and operations. • Methodically review policies and procedures in all departments of Milton. Review the updated (March 2009) web site. Continue P&P reviews as listed or as specific priorities are identified, with specific attention to: • Each department’s programs and services. • Review of current design plans and projects in Public Works and community Development. Develop Grievance Procedure. Signed by Mayor March 2, 2009. Review Comprehensive Plan that is to be submitted to GA Department of Community Affairs (GA DCA) in 2008. Review on Comprehensive Plan Partial Update, completed November 2008. Review Comp Plan when received back from state (as requested by Dir. Of CD). Training and Education: Staff, elected officials, Milton Disability Advisory Committee. CIT October 2008 (One session attended in conjunction with Latta Enterprises: Your Resource for Accessibility Compliance ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advice. 6 • CIT Training (Oct.) • Initial staff overview training. • Develop and implement ongoing ADA and accessibility training program. MDAC) Initial staff training next priority. - Multiple training documents have been provided to City of Milton staff since Nov. 2008. Ongoing training development. Formal training program materials under development (March 2009) Inspection of current physical conditions. • City Hall (Even though Milton is currently using leased space, the city is obligated to meet the accessibility needs of its citizens. Space should be reviewed, and any lack of accessibility should be brought to the attention of the owner. • Trails system. • Parks and recreation areas, including undeveloped areas. • Intersections. • Sidewalks. City Hall (Completed) • Birmingham on hold Continuing focus and systematic review of development: • Milton Trails Plan • Parks and Recreation. • New intersections curb cuts, sidewalks, commercial areas being permitted. Review Programs and Services. Long term on-going schedule. Systematic review of departments. Review design plans for ADA compliance before approval of plans. Develop procedural methods with appropriate departments Advise and work with Mayor, City Council, Staff, MDAC, Committees, others as needed. On-going Develop for adoption and use: • Policies and procedures • Training materials • Customer service materials • Public service announcements Work with Public Safety on Emergency Planning. On-going and underway. Complete required ADA Transition Plan Document Required components above. Complete policies and procedures for alternative communications. Resources have been gathered. Procedural steps and training are underway. Latta Enterprises: Your Resource for Accessibility Compliance ADA compliance is the responsibility of the client. Latta Enterprises provides services designed to facilitate and implement compliance with ADA. Latta Enterprises does not provide legal advice. 7 Latta Enterprises Budget: 2009; One hundred eighty (180) day Period Fixed fee, billed at 4166.66 per month for 6 months. 24,966.00 Usual expenses for travel and office are included in fee. For any unusual expenses, will get prior approval. Based on average of sixteen (16) hours per week. ____________________________ ____________________________ Marie B. Latta, M.Ed. Authorized signature Latta Enterprises Date________________________ Date________________________ City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Principal Engineer Date: April 17, 2009 for the April 27, 2009 Council meeting Agenda Item: A Resolution to Revise and Update Speed Zones and Regulations Regarding Vehicular Speeds within the City Limits and to Provide for Enforcement of Those Regulations Background: The City of Milton submitted an application to the Georgia Department of Public Safety for a permit for the use of speed detection devices on a list or roadways in the City of Milton. The City submitted the list of roadways to be approved for speed detection devices. The list of roadways as submitted by the City was approved by the Georgia Department of Transportation and signed by the Mayor on February 2, 2009. The permit for the use of a speed detection device at authorized location(s) was issued on March 6, 2009. Upon reviewing the list of roadways (dated February 2, 2009) attached to the radar permit (issued on March 6, 2009), several revisions were noted. Staff has compiled a list of revisions (Attachment 3) and will be working with GDOT and Department of Public Safety Staff as needed to revise the list of roadways. The updated list of roadways (Attachment 1) as submitted by the City was approved by the Georgia Department of Transportation and signed by the Mayor on March 31, 2009. The permit for the use of a speed detection device at authorized location(s) (Attachment 2) was issued on April 15, 2009. Discussion: The previous radar permit for the City of Milton used a resolution to support the permit. The City of Milton Right-of-Way Ordinance included the list of roadways as Article 3, Exhibit A. Article 3: Speed Limits (b) of the Right-of-Way Ordinance states that “The City of Milton may add to or amend the list of locations as outlined in Article 5 from time to time pursuant to the statutes and regulations governing the establishment or alteration of speed limits and zones in Georgia.” Staff presents “A Resolution to Revise and Update Speed Zones and Regulations Regarding Vehicular Speeds within the City Limits and to Provide for Enforcement of Those Regulations.” Attachments: 1. Radar Permit 2. Attached list of roadways (List Number 03-2009-01) 3. Resolution RESOULTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION TO REVISE AND UPDATE SPEED ZONES AND REGULATIONS REGARDING VEHICULAR SPEEDS WITHIN THE CITY LIMITS AND TO PROVIDE FOR ENFORCEMENT OF THOSE REGULATIONS BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a regular called Council meeting on the ____ day of April, 2009 at 6:00 p.m. as follows: WHEREAS, pursuant to O.C.G.A. § O.C.G.A. § 40-6-183, the City Charter of the City of Milton, and other powers vested in the City, the City is authorized to regulate speed zones and establish speeding regulations within the corporate limits of the City; WHEREAS, a traffic and engineering study, required by law, has been completed regarding speeds traveled on the roads, streets, highways and other public ways within the City described in this Resolution and attached thereto; WHEREAS, the City desires to permit the use of speed detection devices, including radar and laser detection devices on the roads, streets, highways and other public ways within the City; WHEREAS, the City of Milton’s Law Enforcement Department is lawfully authorized to exercise the powers of arrest and to enforce the traffic laws of this state; WHEREAS, pursuant to State Law, it shall be unlawful to use speed detection devices on the roads, streets, highways and other public ways within the City of Milton, which are not specifically described within this resolution; and WHEREAS, the City desires for the Milton Police Department and any other sworn law enforcement officers acting within their scope of duty and within their jurisdiction to enforce the speed zone regulations established by state law and this resolution; NOW THEREFORE, the Mayor and Council of the City of Milton hereby resolves and amends the Speed Zones and Regulations regarding vehicular speeds within the City of Milton. RESOLVED this _____ day of April, 2009. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) 5 n R in AM Z cr a N a � o - a ro to 0 o sy CD 0 5 n R in AM LIST NUMBER 43-2049-41 The City Council of the City of Milton is hereby requesting that the following roadways be approved for the use of speed detection devices: LIST OF ROADWAYS for CITY OF MILTON ON -SYSTEM * This segment is listed for clarification of actual posted speed limit. This segment is not approved for speed detection device usage for Local Governments. ****SCHOOL ZONES ARE EFFECTIVE**** A.M. from 45 minutes prior to the earliest commencement thne to 15 minutes after the latest commencement time - SCHOOL DAYS ONLY. P. M. from 15 minutes prior to the earliest dismissal tune to 45 minutes after the latest dismissal time - SCHOOL DAYS ONLY. Page 1 of 5 WITHIN THE S'I l'I'I LllVIi'FS ON a3zr11or 11IlI.I; MILE LENGTH I.N SPEED ROUIT School Name FRONT POINT TO POINT MILES LINUT 9 MILTON Windward Pkwy. 27.04 Forsyth County Linc 30.10 3.06 45 (N. Alpharetta City Limits) 140 MILTON Cherokee County 0.00 4.15 mi, south of 3.01 3.01 45 Line Green Road 140 MILTON 0.15 mi. south of 3.01 0.22 mi, north of 4.45 1.05 35 Green Road Saddle Creek Drive (W. Roswell City Limits) 372 MILTON SR 140 0.00 0.03 mi. north of 0.57 0.57 35 Green Road 372 MILTON 0.03 mi. north of 0.57 0.11 mi. south of 2.08 1.51 35 * Green Road 5 rin Falls Road 372 MILTON 0.39 mi. south of 1.33 0.18 mi. north of 1.90 0.57 25 **** Crabapple Kensington Farms Kensington Farms SCHOOL Crossing Drive Drive ZONE Elementary School Northwestern Middle School 372 MILTON 0.11 mi. south of 2.08 0.47 mi. north of Nix 7.02 4.94 45 S ring l aUs Road Road 372 MILTON 0.47 mi. north of 7.02 0.10 mi. north of New 7.49 0.47 35 Nix Road Bullpen Road 372 MILTON 0.10 mi. north of 7.49 Cherokee County Line 8.89 i 1.40 45 New Bullpen Road -I- * This segment is listed for clarification of actual posted speed limit. This segment is not approved for speed detection device usage for Local Governments. ****SCHOOL ZONES ARE EFFECTIVE**** A.M. from 45 minutes prior to the earliest commencement thne to 15 minutes after the latest commencement time - SCHOOL DAYS ONLY. P. M. from 15 minutes prior to the earliest dismissal tune to 45 minutes after the latest dismissal time - SCHOOL DAYS ONLY. Page 1 of 5 LIST NUMBER 03-2009-01 OFF -SYSTEM ROAD NAME. 'VN ITIIIN THE CITY / TOWN I. NUTS OF andf(w School NaMe FROM TO LENGTIi I1 NTILF.;S SPEED LIMIT Aftirmend Ct. MILTON Tri lc. Crown Drive Cul-de-sac 0-31 'S Alpha Woods Drive MILTON Thompson Road Thomas Creek Court 0.28 25 Arabian Avenue MILTON New Providence Road Dead end 0.66 25 Avensong Crossing MILTON Deerfield Parkway Dead end 0.29 25 Avensong Ives Way MILTON Serenade Court Avensong Village Circle 0.27 25 Avensong Village Circle MILTON Avensong Ives Way Dead end 0.63 25 Barberry Drive MILTON The Ilermitaae Drive Caul -de -sac 0.45 25 Batesville Road MILTON Birmingham Highway Cherokee County Line 1.30 45 Bay Colt Road MILTON Dead end Dead end 0.61 25 Belleterre Drive MILTON Bethany Bend Dead e.nd 0.64 25 Bethany Bend MILTON Hopewell Road SR 9 2.94 45 Bethany Bend. MILTON SR 9 McGinnis FerrvlMorris Rel. 137 40 Bethany Church Road MILTON Bethany Bend Dead end 0.53 25 Bethany Road MILTON Mayfield Road FIaygood Road f Bethany Bend 2.0 40 Bethany Way MILTON Haygood Road 1 Bethany Road Hopewell Road 0.70 45 Birmin =ham Road MILTON SR 372 Freemanville Road _75 40 Birmingham Road MILTON Frecinanvile Read Hopewell Road .€.9� 45 Broadwell Road MILTON Crabapple Road Rucker Road 0.70 35 Brookshade Parkway MILTON HopeweIl Road Oakhurst Leaf Drive 0.42 25 Coburn Riad SCHOOL ZONE *** MILTON Cogbulw Woods Elementary School Hopeivell Middle 343 feet south of Webb Road 800 feet north of G.htston Way .40 75 Co burn Road 1VIILTON Bethau Bend Webb Road 1.41 40 Coo -burn Road MILTON Bethany Bend Francis Road 1.34 40 Copper Creek Circle MILTON Creek Club Drive Cul-de-sac —5 25 Cowart Road MILTON Summit Road Providence Road 0.45 25 Creek Club Drive MILTON SR 91 Cumming Highway Francis Road 1.35 25 Deerfield Parkway MILTON Cumming Highway Windward Parkway 1.65 35 Dinsmore Road MILTON Freemanville Road Thompson Road 1.60 35 Dorris Road MILTON Providence Road Birmingham Highway 1.40 35 Double Springs Way MILTON Thompson Springs Drive Dead end 0.34 25 Drummond fond Road MILTON North Valleyfield Road Dead end 0.38 25 East Bluff Road MILTON Thompson Road Dead end 1.12 25 Francis Road MILTON Cogburn Road Forsyth Count Line 1.5 € 4U Freemanville Rd. MILTON Mayfield Road Providrixe. Road 1.74 40 Page 2 of 5 LIST NUMBER 03-2009-01 Page 3 of 5 WI IIHN 'I I:I.E CITY 1 TO WL'� LENGTH j 1XIMIT5 OF and!oi IN SPEED 1 1tOm) N.kmfe, School Name I;It[)M TO MILE'S LIMIT FreentanVille MILTON 1.05feet North of 1600 feet North of .28 25 Road Crabapple Crossing Mayfield Road Mayfield Road ** Elem. SCHOOL Northwestern Middle ZONE Milton High School Frccmimville MILTON Providence Road Mountain .Road. 4-75 45 Rol id Freemanwood MILTON Freemanwood Road Dead end 0.40 25 Lane Glen Hampton MILTON White Columns Drive Dead end 036 25 Dove Green Read MILTON SR1401Arnold Mill Road SR372/Crabapple Road 0.50 40 HaM-ood Rd- IN] II 'T"ON Bethany Way Redd Road 0,49 40 Hamby Road MILTON Hopewell Road Forsyth County Line 1.30 45 Hampton Sluff MILTON White Columns Drive Dead end 0.39 25 Drive Henderson MILTON Henderson Road Dead end 0.36 25 Heights Drive Henderson Road MILTON Freemanville Road Birmin ham Road 1.40 35 Hickory Flat Road MILTON Birmingham Highway Cherokee County Line 1.70 45 Holly Road MILTON SR 140 Dead end 0.30 25 (Arnold. Mil! Road) Hopewell MILTON Hopewell Road Cogburn Road 1.50 25 Plantation Drive Hopewell Road MILTON 353' No rth of Vaughn Drive Forsyth Comity Line 7.70 45 Kensington Farms MILTON SR 372 Cul-de-sac 0.86 25 Dri ve Laurel Grove MILTON Dinsmore Road Dead end 0.41 25 Drive Longstreet Road MILTON Hopewell Road Forsyth County Line 1.10 35 Mayfield Road MILTON Mid -Broadwell Road Freemanville Road 0.70 45 McGinnis Ferry MILTON Morris Road SR 400 0.60 45 Road Mid-Broadweil MILTON Crabapple Road Charlotte Drive 0.35 40 Road Mornin�f MILTON Creek Club Drive Cul-de-sac 0.04 25 Mountain Way Morris Road MILTON Deerfield Parkway McGinnis Ferry Road f 1.38 35 Bethany Bend Mountain Road MILTON Hopewell Road Freemanville Road 1.64 40 New Bullpen MIL'T'ON Birmingham Hiehway Cherokee County Line 0.78 40 Road New Providence MILTON Birmingham Highway Arnold Mill Road 3.50 45 Road New Providence MILTON Providence Lake Point 1035 feet east of 0.20 25 Road Mill Springs Providence Lake Point ** Academy SCHOOL ZONE *x� North Brookshade MILTON Brookshade Parkway Dead end Parkway Page 3 of 5 LIST NUMBER 03-2009-01 ROM) NAME ---....... W1711IIN TIIE CFFY 1 TOWN I IiII'TSOI and'or Srho0 A Varne _ -.............. - - FROM TO LF..N(.,rH IN NTITY's SPEED C BUT North Valleyfield Road MILTON Dinsmore Road East Bluff Road 0.30 25 Oakhurst Leaf Drive MILTON Dead end Dead end 0.69 25 Oakstone Glen MILTON Cogburn Road Dead end 0.31 25 Owens Farm Road MILTON Birmingham Highway Old Cedar Lane 0.41 25 Petersford Way MILTON Kensi znton Way, Cuf-de-sac 0.28 25 Phillips Road MILTON Hopewell Road Mountain Road 0.60 35 Pony Tail Road MILTON Five Acre Road Dead end 0.30 25 Providence Lake Drive MILTON New Providence Road Dead end 0.98 25 Providence Oaks Street MILTON Providence Road Dead end 0.45 25 Providence Park Drive MILTON Providence Road Dead end 0.41 25 Providence Plantation MILTON New Providence Road Blackmaral Lane 0.05 25 Providence Road MILTON 1000 feet north of Lantern Ridge Drive SR 372 (Birmingham Road) 2.80 45 Providence Road SCHOOL ZONE MILTON Summit Hill Elementary School 2000 feet west of Cowart Road 175 feet east of Cowart Road 0.47 25 Ranchette Road MILTON SR 1401 Arnold M i I I Road New Providence Road 0.60 35 Redd Road MILTON Hopewell Road Freemanville Road 1.20 45 Sable Point Drive MILTON Henderson Road Dead end 0.26 25 Sea►biscuit MILTON AfFirrnend Court Cul-de-sac 0.50 25 Serenade Court MILTON Bethany Benxi Avensong Ives Way 0.54 2.5 Sonata Iane MILTON Avensong Crossing. Caul -de -sac 0,28 25 Stonebrook Farms Drive MILTON Thompson Road Dead end 0.33 25 Sweetbrier Drive MILTON Belleterre Drive C `ul -& -sac 0.25 25 Taylor Road MILTON Batesville Road Birmingham Highway 1.40 45 The Ilernitage Drive MITLON Cogburn road Cul-de-sac 0.50 25 Thorn son Road MILTON Hopewell Road Redd Road 2.40 45 Thompson Road MILTON Hopewell Road Francis Road 1.74 45 Thompson Springs Drive MILTON Thompson Road Dead end 0.36 25 Thorntrce Run MILTON Tulllnore Way Cul-de-sac 0.31 25 Treyburn Manor View MILTON White Columns .Drive Cul-de-sac 0.58 25 Tre burn Run MILTON Treyburn Manor View Treyburn Manor Drive 0-34 25 Treyburn Manor IDrive. MILTON White Columns Drive `t rcyburn Run 0.21 2.5 Triple Crown Court MILTON Triple Crown Drive Cul -de; -sac 0.34 25 Triple Crown Drive MILTON SR 372 Cul-de-sac 0.88 25 Tullgean Drive MILTON Tullrnore Way Cul-de-sac 0.591 25 Page 4 of 5 LIST NUMBER 43-2409-01 ***SCHOOL ZONES ARE EFFECTIVE`** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time - SCHOOL DAYS ONLY. P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time -- SCHOOL DAYS ONLY. ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: Sworn and Subscribeefore me Mayor This �SA- da of eb, , 100q. C to the Commission JEAN -ME R NIARCHiAFAVA F'..:ury Public, Fulton Co., GA My Gmlm. s;on Expires August 29, 2009 Page 5 of 5 wITrnN TIIE CIT-' 1 TOWNLENGTH LLMITS OF WdLOT ? IN SPEED ROAD NAME Sch.001 +lranze FROM TO NnLEs mmrr I'ulimole Wily MILTON SR X72 Cui-dc-sac 0.04 25 Webb Road MILTON Windward Parkway Dead end 1.32 35 White Columns MILTON Freemanvi.11e Read Cul-de-sac 1.34 25 Drive Wolf Wiltow MILTON Creek Club Drive Cut -de -sac 0.39 25 Close Wood Road MILTON Phillips s Circle SR 372 1..42 25 Wyndham Farms MILTON Cogburn Road Dead end 0.47 25 Drive ***SCHOOL ZONES ARE EFFECTIVE`** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time - SCHOOL DAYS ONLY. P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time -- SCHOOL DAYS ONLY. ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: Sworn and Subscribeefore me Mayor This �SA- da of eb, , 100q. C to the Commission JEAN -ME R NIARCHiAFAVA F'..:ury Public, Fulton Co., GA My Gmlm. s;on Expires August 29, 2009 Page 5 of 5 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON AMENDMENT OF RESOLUTION NO. 09-02-79, 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 ______ of April 2009 at 6:00 pm. as follows: SECTION 1. That (To Be Determined) (To Be Determined) (Mayor’s Appointments) is hereby appointed for a term commencing ___________, 2009 and ending December 31, 2009; and SECTION 2. That (To Be Determined) (District 4) is hereby appointed for a term commencing ____________ and ending on December 31, 2011; and SECTION 3. That (To Be Determined) (District 6) is hereby appointed for a term commencing ________ and ending on December 31, 2011; and SECTION 4. That this Resolution shall become effective upon its adoption; RESOLVED this ____ day of April, 2009. Approved: __________________________ Attest: Joe Lockwood, Mayor _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Principal Engineer Date: April 17, 2009 for the April 27, 2009 Council meeting Agenda Item: Approval of (a) Stormwater Projects including Contract with Qual-Con Construction Services, Inc. for $6,338.20; (b) Right of Entry Agreements with Starnes, Rock, and Denness; and (c) Cost Share Agreement between Rock, Denness, and City Background: Public Works received a work request from Kathy Denness on March 9, 2007 regarding a stormwater issue and sink-hole on Greenview Terrace on the property line between the Denness’ and the Rock’s (110 ft back from the Right-of-Way of Greenview Terrace). Staff reviewed the request and the Public Works Director determined that emergency maintenance was necessary to remedy a condition which may restrict the free flow of storm water and is potentially injurious to life, property, or the public road and/or utility system. Staff issued a request for proposal for stormwater structure repair. Public Works received a work request from Mark Starnes on September 25, 2008 regarding a stormwater issue and headwall improvements on Highgrove Club Drive just off the Right-of- Way. Staff reviewed the request and the Public Works Director determined that emergency maintenance was necessary to remedy a condition which may restrict the free flow of storm water and is potentially injurious to life, property, or the public road and/or utility system. Staff issued a request for proposal for stormwater structure repair. In accordance with the City procurement procedures, the City requested bids from three contractors and received three quotes. The three written quotes were obtained in order to select the low bidder and negotiate the contract. Discussion: Both stormwater projects are located outside of the City Right-of-Way. The contractor will coordinate work with the affected property owners and the owners are providing the City the necessary rights-of-entry. All three property owners have provided concurrence with the right- of-entry agreements attached. Due to the far proximity from the Right-of-Way line, the Greenview Terrace project involves a cost share agreement between the property owners at 720 Greenview Terrace (Denness) and 725 Greenview Terrace (Rock) and the City of Milton. In December of 2008, a verbal agreement was reached on the cost share for the project that is represented in the attached cost share agreement. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Qual-Con Construction Services, Inc. was the low bidder with a lump sum fee for Highgrove Club Drive of $4,353.80 plus any incidental costs and a lump sum fee for Greenview Terrace of $1,984.40 plus any incidental costs for a total of $6,338.20 plus any incidental costs. The Contractor is ready to begin work upon City approval of contract and issuance of a Notice to Proceed estimated for April 29. The work should be completed within 10 working days estimated by May 11. Legal Review: 1. Qual-Con Construction Services, Inc. Contract – By Paul Higbee, Jarrard & Davis on March 12, 2009 2. Right of Entry – Mark and Michele Starnes (1810 Highgrove Club Drive) – By Chris Hamilton, Jarrard & Davis on March 26, 2009 3. Right of Entry – Roger and Holly Rock (725 Greenview Terrace) – By Chris Hamilton, Jarrard & Davis on March 13, 2009 4. Right of Entry – Richard and Kathleen Denness (720 Greenview Terrace) –By Chris Hamilton, Jarrard & Davis on March 13, 2009 5. Cost Share Agreement – Rock, Denness, City – By Chris Hamilton, Jarrard & Davis on March 13, 2009 Attachments: 1. Qual-Con Construction Services, Inc. Contract 2. Right of Entry – Mark and Michele Starnes (1810 Highgrove Club Drive) 3. Right of Entry – Roger and Holly Rock (725 Greenview Terrace) 4. Right of Entry – Richard and Kathleen Denness (720 Greenview Terrace) 5. Cost Share Agreement – Rock, Denness, City 1 CONSTRUCTION AGREEMENT This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 2009, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), and Qual-Con Construction Services, Inc, a Georgia corporation with its principal place of business located at 2040 Clayburn Drive Cumming ,GA 30040 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued a Request For Bid (RFB), dated December 9th 2008, to solicit bids for Headwall improvements/repair junction box located at 1810 Highgrove Club Drive and 720 Greenview Terrace respectively; and WHEREAS, based upon Contractor’s bid to construct and install Headwall improvements/repair junction box located at 1810 Highgrove Club Drive and 720 Greenview Terrace respectively, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (29 Pages); B. Request For Bid RFB (8 Pages), attached hereto as Exhibit “A”; 2 C. Proposal and Bid from Contractor (1 Page), attached hereto as Exhibit “B”; D. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and Section 2. Project Description The Project is defined generally as follows: Headwall improvements/repair junction box located at 1810 Highgrove Club Drive and 720 Greenview Terrace respectively. Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4. Contract Time This Contract shall take effect on _______________. Contractor agrees to complete the Project within 45 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5. Contractor’s Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed-to contract amount of $6338.20. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City’s certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. Section 6. Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the 3 City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. 4 E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ______________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be 5 the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to 6 allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of 7 activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. 8 (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” 9 that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee-number category designated below is applicable to the contractor. ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “E.” 10 The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect 11 such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub-consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor’s compliance with this Section. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. 12 S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to __________________, in order for Contractor to complete the Work. B. City’s Representative Sara Leaders shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative 13 Section 9. Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. 14 Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. 15 C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 Attention: City Manager NOTICE TO CONTRACTOR shall be sent to: __________________________ __________________________ __________________________ __________________________ F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations 16 rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [CONTRACTOR’S NAME] By: ____________________________________ Its: ____________________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ MILTON CITY COUNCIL Chris Lagerbloom, City Manager ____________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: 17 _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: 18 EXHIBIT “A” 19 20 21 22 23 24 25 26 EXHIBIT “B” 27 EXHIBIT “E” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Milton City has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Milton City, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “1.” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to Milton City at the time the subcontractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Contractor Name) _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ ________________________________________ Notary Public My Commission Expires: ___________________ 28 EXHIBIT “F” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of Milton City has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Subcontractor Name) _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 200_ _________________________________________ Notary Public My Commission Expires: _________________________________________ 1 CITY OF MILTON COST SHARING AGREEMENT PERTAINING TO DRAINAGE EASEMENT AT 720 AND 725 GREENVIEW TERRACE This Agreement made and entered into this _____day of __________, in the year 2009; by and between The City of Milton, Georgia, having its principle place of business at 13000 Deerfield Parkway Milton, GA 30004; (the “City”) and Richard and Kathleen Denness, having a residence at 720 Greenview Terrace, Milton, GA 30004 and Roger and Holly Rock having a residence at 725 Greenview Terrace, Milton, GA 30004 (the “Adjoining Owners”) WHEREAS, the Adjoining Owners have requested the City to effect certain repairs to a drainage easement (the “Easement”) which lies between and borders their respective properties and which connects to City streets and infrastructure as depicted in a final plat (the “Final Plat”) recorded in the Fulton County Real Estate Records at Plat Book 211, Pages 9-11, as a 30 foot drainage easement, said plat and pages being incorporated herein by reference; WHEREAS, the Easement area to be repaired lies outside the City’s right of way; WHEREAS, the City’s general policy is to not affect repairs outside of its right of way; WHEREAS, the Final Plat provides that the Public Works Director may conduct emergency maintenance operations within any drainage easement area necessary to remedy a condition which in the judgment of said director is potentially injurious to life, property or the public road or utility, WHEREAS, the Public Works Director has concluded that a condition as described in the preceding paragraph does exist with regard to the Easement which borders the Adjoining Owners’ respective lots and has determined that emergency maintenance operations should be conducted thereon, and; WHEREAS, the City and the Adjoining Owners wish to enter into an agreement in which the cost of the aforementioned maintenance operations is shared, The Parties Hereby Agree and Contract as Follows: RETENTION OF CONTRACTOR 1) The City shall retain a contractor (the “Contractor”) to perform the aforementioned maintenance operations in the Easement area. 2) The determination as to the Contractor to be retained shall be in the sole discretion of the City pursuant to its ordinances and policies. 2 3) The determination as to the scope of the aforementioned maintenance to be performed shall be in the sole discretion of the City. 4) The maintenance operations shall commence within a reasonable time after the Contractor is retained and this agreement is executed by all parties. 5) The Contractor will carry workman’s compensation and general casualty insurance in an amount to be determined by the City. RIGHT OF ENTRY 6) The Adjoining Owners will cooperate with the City, its employees, agents, and Contractor by signing separate Rights of Entry instruments which shall be provided to the Adjoining Owners as soon as practicable after execution of this agreement by all parties. 7) The Adjoining Owners acknowledge that some land disturbance and excavation may be necessary, but that upon completion of the maintenance operations the excavated area shall be refilled. The City shall have no other obligations beyond performing the required maintenance and filling any excavated areas. The City, its employees, agents, and Contractors shall not be responsible for any damage to structures or landscaping within the Easement area. 8) No property rights are conveyed to the City by execution of this agreement. AGREEMENT TO SHARE IN COSTS 9) The City and the Adjoining Owners agree to share in the cost of the aforementioned maintenance operations, including labor and necessary infrastructure as follows: a) Richard and Kathleen Denness: 25% b) Roger and Holly Rock: 25% c) The City of Milton: 50% 10) Payment shall be made to the City by the Adjoining Owners within 30 days of being invoiced by the City. The Adjoining Owners agree that these costs are chargeable against and may constitute a lien against their respective properties. TERM 11) The term of this contract shall for ninety 90 days from the time all rights of entry documents are executed. The time may be extended b y agreement of all parties but in no event shall this contract exceed 365 days from the execution of this agreement. NO OBLIGATION FOR CONTINUING MAINTENANCE 12) The Adjoining Owners acknowledge that no continuing duty to perform maintenance within the Easement or infrastructure therein is created by this instrument or by the actions of the 3 City, its employees, agents, Contractor, or any other individual or entity acting on behalf of the City pursuant to this right of entry. ENTIRE AGREEMENT 13) This Agreement and the aforementioned Rights of Entry constitute the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statement, negotiations, and undertakings are suspended hereby. No party has relied on any representation, promise, or inducement not contained herein. This agreement may only be modified in writing and only if executed by all parties hereto. CHOICE OF LAW 14) This Agreement shall be governed by the laws of the State of Georgia. SEVERABILITY 15) If any sentence, phrase, provision, portion, or clause of this Agreement should at any time be declared or adjudged invalid, unlawful, unconstitutional, or unenforceable for any reason, said adjudication or declaration shall in no manner or way affect the other sentences, phrases, provisions, portions, or clauses hereof, and all remaining portions shall remain in full force and effect as if the portion adjudged or declared invalid was not originally a part hereof. WAIVER OF CLAIMS 16) The Adjoining Owners on behalf of themselves and their respective heirs, agents, successors and assigns, do hereby release and forever discharge the City and its past, present, and future officers, directors, elected and appointed officials (in their official and individual capacities), representatives, agents, employees, attorneys, servants, subsidiaries, affiliates, partners, policy makers, predecessors and successors in interest, and assigns, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, of and from any and all claims, debts, liabilities, demands, obligations, attorney’s fees, costs, expenses, actions and causes of action of every nature, character, and description, whether known or unknown, which the Adjoining Owners now own or hold, or has at any time heretofore owned or held, or which he may have at any time in the future by reason of the Easement and the contemplated maintenance thereto, under any theory of law or equity. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. 4 CITY OF MILTON By: Mayor [CITY SEAL] _________________________ Witness Sworn to and subscribed to me this _____ day of ____________________, 2009 _____________________________ Notary Public My Commission Expires: _____________________________________ RICHARD DENNESS _____________________________________ KATHLEEN DENNESS Sworn to and subscribed to me this _____ day of ____________________, 2009 _____________________________ Notary Public My Commission Expires: _____________________________________ ROGER ROCK ____________________________________ MICHELE ROCK Sworn to and subscribed to me this _____ day of ____________________, 2009 _____________________________ Notary Public My Commission Expires: STATE OF GEORGIA COUNTY OF FULTON RIGHT OF ENTRY For and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, ROGER AND HOLLY ROCK (“Grantors”) do hereby grant permission to THE CITY OF MILTON, GEORGIA, a municipality of the State of Georgia (“Grantee”), for a period not to exceed ninety (90) days commencing with the date of this instrument, the non- exclusive right to enter upon the real property of Grantors (the “Premises”), identified in Exhibit “A,” attached hereto and incorporated herein by reference. This Right of Entry is for the sole and limited purpose of enabling Grantee, its employees, agents, contractors, or any other individual or entity acting on behalf of Grantee to enter upon the Premises in order to evaluate and affect repairs to the drainage easement and any infrastructure within and/or servicing said easement. Said easement is identified and located on the plat recorded in the Fulton County Real Estate Records at Plat Book 211, Page 9-11. Notices shall be given to Grantors at 561-951-3334 and to the Grantee through Daniel Drake and/or Sara Leaders at 678-242-2500. Grantors, to the extent, if any, allowed by law, shall indemnify, defend, and hold Grantee harmless against any liabilities that may arise by virtue of the actions by the Grantee. Grantors do hereby release and forever discharge Grantee and its past, present, and future officers, directors, elected and appointed officials (in their official and individual capacities), representatives, agents, employees, attorneys, servants, subsidiaries, affiliates, partners, policy makers, predecessors and successors in interest, and assigns, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, of and from any and all claims, debts, liabilities, demands, obligations, attorney’s fees, costs, expenses, actions and causes of action of every nature, character, and description, whether known or unknown, which they now own or hold, or have at any time heretofore owned or held, or which they may have at any time in the future with regard to the drainage easement and the contemplated repairs for which this instrument is executed under any theory of law or equity. Grantors acknowledges that the process of undertaking the above described activities, may result in the limited disturbance of the Premises and Grantors agree to allow such limited disturbance. Grantors acknowledge that no continuing duty to perform maintenance to the drainage easement or infrastructure therein is created by this instrument or by the actions of Grantee, its employees, agents, contractors, or any other individual or entity acting on behalf of Grantee pursuant to this Right of Entry. Grantors further acknowledge that it has entered into a separate cost sharing agreement with the Grantee and the terms and contents of said agreement are incorporated as if fully set forth herein. Grantors do not, by this instrument, convey any land, but merely grants those limited and specific rights and privileges herein set forth; nor do Grantors convey any easement or other rights to Grantee or any other person or entity, other than as set forth herein. No additional or implied rights, other than those set forth herein, shall be included, attributed, or deemed embraced by this agreement. This Right of Entry shall expire ninety (90) days after execution by the last party to so sign. Except as previously set forth herein, this is the sole and entire agreement between the parties. No modification hereof shall be binding except when reduced to writing and executed by the parties. The rights, privileges and obligations of the parties hereunder may not be assigned except with the prior written consent of the other party to this agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by proper authority and their seals affixed this ____ day of _______________, 2009. GRANTORS: ROGER ROCK HOLLY ROCK Sworn to and subscribed before me this day of , 2009: Notary Public My Commission Expires: GRANTEE CITY OF MILTON By: Its: Sworn to and subscribed before me this day of , 2009: Notary Public My Commission Expires: Exhibit “A” ALL THAT TRACT OR PARCEL OF LAND LYHING AND BEING IN LAND LOT 682, 2ND DISTRICT, 2ND SECTION, FULTON COUNTY, GEORGIA, BEING KNOWN AS LOT 31, CROOKED CREEK SUBDIVISION, -POD J, AS PER PLAT RECORDED IN PLAT BOOK 21, PAGES 9, 10, AND 11, FULTON COUNTY RECORDS, SAID PLAT BEING INCORPORATED HEREIN BY REFERENECE THERETO AND BEING KNOWN AS 725 GREENVIEW TERRACE. STATE OF GEORGIA COUNTY OF FULTON RIGHT OF ENTRY For and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, RICHARD AND KATHLEEN DENNESS (“Grantors”) do hereby grant permission to THE CITY OF MILTON, GEORGIA, a municipality of the State of Georgia (“Grantee”), for a period not to exceed ninety (90) days commencing with the date of this instrument, the non-exclusive right to enter upon the real property of Grantors (the “Premises”), identified in Exhibit “A,” attached hereto and incorporated herein by reference. This Right of Entry is for the sole and limited purpose of enabling Grantee, its employees, agents, contractors, or any other individual or entity acting on behalf of Grantee to enter upon the Premises in order to evaluate and affect repairs to the drainage easement and any infrastructure within and/or servicing said easement. Said easement is identified and located on the plat recorded in the Fulton County Real Estate Records at Plat Book 211, Page 9-11. Notices shall be given to Grantors at 770-664-1620 and to the Grantee through Daniel Drake and/or Sara Leaders at 678-242-2500. Grantors, to the extent, if any, allowed by law, shall indemnify, defend, and hold Grantee harmless against any liabilities that may arise by virtue of the actions by the Grantee. Grantors do hereby release and forever discharge Grantee and its past, present, and future officers, directors, elected and appointed officials (in their official and individual capacities), representatives, agents, employees, attorneys, servants, subsidiaries, affiliates, partners, policy makers, predecessors and successors in interest, and assigns, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, of and from any and all claims, debts, liabilities, demands, obligations, attorney’s fees, costs, expenses, actions and causes of action of every nature, character, and description, whether known or unknown, which they now own or hold, or have at any time heretofore owned or held, or which they may have at any time in the future with regard to the drainage easement and the contemplated repairs for which this instrument is executed under any theory of law or equity. Grantors acknowledges that the process of undertaking the above described activities, may result in the limited disturbance of the Premises and Grantors agree to allow such limited disturbance. Grantors acknowledge that no continuing duty to perform maintenance to the drainage easement or infrastructure therein is created by this instrument or by the actions of Grantee, its employees, agents, contractors, or any other individual or entity acting on behalf of Grantee pursuant to this Right of Entry. Grantors further acknowledge that it has entered into a separate cost sharing agreement with the Grantee and the terms and contents of said agreement are incorporated as if fully set forth herein. Grantors do not, by this instrument, convey any land, but merely grants those limited and specific rights and privileges herein set forth; nor do Grantors convey any easement or other rights to Grantee or any other person or entity, other than as set forth herein. No additional or implied rights, other than those set forth herein, shall be included, attributed, or deemed embraced by this agreement. This Right of Entry shall expire ninety (90) days after execution by the last party to so sign. Except as previously set forth herein, this is the sole and entire agreement between the parties. No modification hereof shall be binding except when reduced to writing and executed by the parties. The rights, privileges and obligations of the parties hereunder may not be assigned except with the prior written consent of the other party to this agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by proper authority and their seals affixed this ____ day of _______________, 2009. GRANTORS: RICHARD DENNESS KATHLEEN DENNESS Sworn to and subscribed before me this day of , 2009: Notary Public My Commission Expires: GRANTEE CITY OF MILTON By: Its: Sworn to and subscribed before me this day of , 2009: Notary Public My Commission Expires: Exhibit “A” ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 682, 2ND DISTRICT, 2ND SECTION, FULTON COUNTY, GEORGIA, BEING KNOWN AS LOT 31, CROOKED CREEK SUBDIVISION, -POD J, AS PER PLAT RECORDED IN PLAT BOOK 21, PAGES 9, 10, AND 11, FULTON COUNTY RECORDS, SAID PLAT BEING INCORPORATED HEREIN BY REFERENECE THERETO AND BEING KNOWN AS 720 GREENVIEW TERRACE. STATE OF GEORGIA COUNTY OF FULTON RIGHT OF ENTRY For and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, MARK AND MICHELE STARNES (“Grantors”) do hereby grant permission to THE CITY OF MILTON, GEORGIA, a municipality of the State of Georgia (“Grantee”), for a period not to exceed ninety (90) days commencing with the date of this instrument, the non-exclusive right to enter upon the real property of Grantors (the “Premises”), identified in Exhibit “A,” attached hereto and incorporated herein by reference. This Right of Entry is for the sole and limited purpose of enabling Grantee, its employees, agents, contractors, or any other individual or entity acting on behalf of Grantee to enter upon the Premises in order to evaluate and affect repairs to the headwall and/or other infrastructure within or in close proximity to the right of way of the Grantee adjacent to Grantor’s property. Notices shall be given to Grantors at ________and to the Grantee through Daniel Drake and/or Sara Leaders at 678-242-2500. To the extent that the headwall structure lies outside the right of way and on the property of Grantors, Grantors hereby grant to Grantee, its employees, agents, and/or contractors, express permission to make any repairs necessary to said structure found upon Grantors’ property. Grantors acknowledge and agree that any such repairs done upon their private property will be more or less permanent in nature and Grantors fully authorize Grantee to move forward with said repairs in the manner deemed best and most feasible by the Grantee and in Grantee’s sole discretion. Grantors, to the extent, if any, allowed b y law, shall indemnify, defend, and hold Grantee harmless against any liabilities that may arise by virtue of the actions by the Grantee. Grantors do hereby release and forever discharge Grantee and its past, present, and future officers, directors, elected and appointed officials (in their official and individual capacities), representatives, agents, employees, attorneys, servants, subsidiaries, affiliates, partners, policy makers, predecessors and successors in interest, and assigns, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, of and from any and all claims, debts, liabilities, demands, obligations, attorney’s fees, costs, expenses, actions and causes of action of every nature, character, and description, whether known or unknown, which they now own or hold, or have at any time heretofore owned or held, or which they may have at any time in the future with regard to the headwall and/or other infrastructure for which repairs are contemplated and for which this instrument is executed under any theory of law or equity. Grantors acknowledges that the process of undertaking the above described activities, may result in the limited disturbance of the Premises and Grantors agree to allow such limited disturbance. Grantors acknowledge that no continuing duty to perform maintenance is created by this instrument or by the actions of Grantee, its employees, agents, contractors, or any other individual or entity acting on behalf of Grantee pursuant to this Right of Entry. Grantors do not, by this instrument, convey any land, but merely grants those limited and specific rights and privileges herein set forth; no r do Grantors convey any easement or other rights to Grantee or any other person or entity, other than as set forth herein. No additional or implied rights, other than those set forth herein, shall be included, attributed, or deemed embraced by this agreement. This Right of Entry shall expire ninety (90) days after execution by the last party to so sign. This is the sole and entire agreement between the parties. No modification hereof shall be binding except when reduced to writing and executed by the parties. The rights, privileges and obligations of the parties hereunder may not be assigned except with the prior written consent of the other party to this agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by proper authority and their seals affixed this ____ day of _______________, 2009. GRANTORS: MARK STARNES MICHELE STARNES Sworn to and subscribed before me this day of , 2009: Notary Public My Commission Expires: GRANTEE CITY OF MILTON By: Its: Sworn to and subscribed before me this day of , 2009: Notary Public My Commission Expires: Exhibit “A” ALL THAT TRACT OR PARCEL OF LAND LYHING AND BEING IN LAND LOT 601, 2ND DISTRICT, 2ND SECTION, FULTON COUNTY, GEORGIA, BEING KNOWN AS LOT 24, UNIT THREE, WOODVALLEY AT THE COUNTRY CLUB OF NORTH FULTON, AS PER PLAT RECORDED IN PLAT BOOK 180, PAGES 7, FULTON COUNTY RECORDS, SAID PLAT BEING INCORPORATED HEREIN BY REFERENECE THERETO AND BEING KNOWN AS 1810 HIGHGROVE CLUB DRIVE.