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Home My WebLink AboutAgenda Packet CC - 12/21/2009 - 12-21-09 Packet (Migrated from Optiview)Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, December 21, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Trent Cornwell, Vision Baptist Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 09-1002) 5) PUBLIC COMMENT 6) CONSENT AGENDA 1. Approval of the December 7, 2009 Regular Meeting Minutes. (Agenda Item No. 09-1003) (Jeanette Marchiafava, City Clerk and Clerk of the Court) 2. Approval of Financial Statements for the period ending November 2009. (Agenda Item No. 09-1004) (Stacey Inglis, Finance Director and City Treasurer) 7) REPORTS AND PRESENTATIONS 1. A Proclamation for Eagle Scout Jason Wynne. (Presented by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 21, 2009 – 6:00 PM Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. A Proclamation recognizing the Inaugural Mayor’s Run Volunteers. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION 1. Approval of an Ordinance to Amend Chapter 4, Municipal Court, by adding a new section entitled A Pre-Trial Intervention and Diversion Program to be administered by the City of Milton Solicitor’s Office for the purpose of ending the repeat offenses of theft by shoplifting, underage possession of alcohol, disorderly conduct, and other miscellaneous misdemeanor and traffic offenses through the education of eligible defendants; and for other purposes. (Agenda Item No. 09-1005) (Presented by Fran Shoenthal, Municipal Court Solicitor) 9) PUBLIC HEARINGS ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Approval of Alcohol Beverage License Application for Aldi Inc. d/b/a as Aldi, Inc. (GA) #30 located at 12990 Highway 9 North, Suite 107, Milton, Georgia. The applicant is Scott Kornegay for retail – Wine/Malt Beverage. (Agenda Item No. 09-1006) (Presented by Stacey Inglis, Finance Director and City Treasurer) 2. Approval of Alcohol Beverage License Application for Su Shin USA d/b/a as Magic Wok & Sushi Bar located at 12890 Highway 9, Suite 140, Milton, Georgia. The applicant is GuoFu Wu for Consumption on the Premises – Wine/Malt Beverage. (Agenda Item No. 09-1007) (Presented by Stacey Inglis, Finance Director and City Treasurer) 3. Approval of Alcohol Beverage License Application for Casa De Tontos LLC d/b/a Sip Wine Tapas Restaurant located at 12635 Crabapple Road, Suite 110, Milton, Georgia. The applicant is John Foster Smith for Consumption on the Premises – Wine/Malt Beverage/Distilled Spirits. (Agenda Item No. 09-1008) (Presented by Stacey Inglis, Finance Director and City Treasurer) 10) ZONING AGENDA 1. RZ09-04 - An Ordinance to create Article 13 of the Milton Zoning Ordinance; to establish a historic preservation commission in the City of Milton to provide for the designation of historic properties or historic districts; to provide for issuance of Certificates of Appropriateness; to provide for an appeals procedure; to repeal conflicting ordinances; and for other purposes. (Agenda Item No. 09-926) (First Presentation on September 9, 2009. Deferred on September 21, 2009, October 19, 2009.) (Presented by Tom Wilson, Interim Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 21, 2009 – 6:00 PM Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. ZM09-04 /VC09-04, Northeast corner of Hwy 9 and Bethany Bend by Dr. David Smith A request to revise condition 2.a. from the site plan received by the Department of Environment and Community Development on November 8, 2006 to the site plan received by the City of Milton Community Development Department on November 3, 2009. The applicant is also requesting a concurrent variance to delete the 10-foot landscape strip along the newly formed north property line to allow the required parking aisle width (Article 12G.4.A.2). (Agenda Item No. 09-990) (First Presentation on December 7, 2009) (Presented by Tom Wilson, Interim Community Development Director) 11) UNFINISHED BUSINESS 1. An Ordinance to Amend the City of Milton Tree Preservation Ordinance and Administrative Guidelines. (Agenda Item No. 09-991) (First Presentation on December 7, 2009) (Presented by Tom Wilson, Interim Community Development Director) 2. Approval of an Ordinance Adopting and Enacting a Code of Ordinances which codifies Ordinances as they existed on June 15, 2009. (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 09-1000) 12) NEW BUSINESS 1. Approval of a Resolution adopting the Partial Plan Update of the City of Milton 2008- 2028 Comprehensive Plan. (Agenda Item No. 09-1009) (Presented by Tom Wilson, Interim Community Development Director) 2. Approval of a Resolution to Adopt the 2010 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. (Agenda Item No. 09-1010) (Presented by Tom Wilson, Interim Community Development Director) 3. Approval of a Resolution to Adopt the City of Milton Comprehensive Transportation Plan. (Agenda Item No. 09-1011) (Presented by Carter Lucas, Principal Engineer) 4. Approval of a Resolution to authorize the City of Milton Mustang Logo by athletic teams playing at Bell Memorial Park pursuant to agreements with the City of Milton. (Agenda Item No. 09-1012) (Presented by City Manager Chris Lagerbloom) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 21, 2009 – 6:00 PM Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Approval of a Resolution stating the City of Milton’s opposition to the use of Fulton County General Fund money on Special Service District Operations and Services such as transferring the net revenue generated from traffic citations issued by the Fulton County Police Department within the geographical boundaries of the South Fulton Special Services District to the South Fulton Special Services District Fund. (Agenda Item No. 09-1013) (Presented by Chris Lagerbloom, City Manager) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 1. Discussion on MARTA Offset Funds. (Carter Lucas, Principal Engineer) 2. Discussion on Traffic Calming Policy. (Carter Lucas, Principal Engineer) 15) EXECUTIVE SESSION 1. The purpose of the Executive Session is to discuss potential land acquisition and pending litigation. (Agenda Item No. 09-1014) (Ken Jarrard, City Attorney) 16) ADJOURNMENT (Agenda Item No. 09-1015) 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: December 21, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 2 – November 2009 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 1.41% higher than anticipated for the first period of the fiscal year. Please remember there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $2,374,481 and are 3.8% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $6,334,903, capital expenditures-to-date total $216,658. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,800 Sidewalk Replacement Fund: Balance: $70,558 City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending November 2009Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax 9,177,549 0 0 0 0 0 0Motor Vehicle Tax 500,000 45,296 41,667 3,630 45,296 41,667 3,630Intangible Tax 190,000 15,072 15,833 (761) 15,072 15,833 (761)Real Estate Transfer Tax 35,000 4,420 2,917 1,504 4,420 2,917 1,504Franchise Fees 1,700,000 0 0 0 0 0 0Local Option Sales Tax 3,400,000 289,214 283,333 5,881 289,214 283,333 5,881Alcohol Beverage Excise Tax 254,000 23,375 21,167 2,209 23,375 21,167 2,209Business & Occupation Tax 575,000 1,183 0 1,183 3,720 0 3,720Insurance Premium Tax 850,000 0 0 0 0 0 0Financial Institution Tax 23,000 0 0 0 0 0 0Penalties & Interest 53,000 0 0 0 0 0 0Alcohol Beverage Licenses 122,000 76,000 97,600 (21,600) 76,500 97,600 (21,100)Other Non-Business Permits/Licenses 11,710 3,175 3,011 164 4,244 3,637 607Zoning & Land Disturbance Permits 32,500 24 2,708 (2,685) 1,495 5,417 (3,922)Building Permits 50,000 1,455 4,167 (2,712) 4,063 8,333 (4,271)Other Charges for Service 326,160 20,515 23,955 (3,440) 38,052 43,010 (4,958)Municipal Court Fines 452,500 52,048 37,708 14,340 102,890 75,417 27,473Interest Earnings 20,000 833 1,667 (833) 1,802 3,333 (1,532)Contributions & Donations 0 0 0 0 0 0 0Other Revenue 37,802 0 0 0 2 0 2Other Financing Sources 7,000 0 0 0 0 0 0Total Revenue 17,817,221 532,611 535,733 (3,121) 610,145 601,663 8,482Current Month Year-to-DateAnnual BudgetRevenueCurrent MonthYear to DateActual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 157,189 8,591 10,334 (1,743) 15,459 20,668 (5,209)Clerk of the Council 572,785 141,728 107,496 34,232 147,505 146,095 1,410City Manager 395,023 20,197 31,434 (11,237) 40,233 60,369 (20,136)Finance 1,029,285 161,813 93,190 68,623 178,731 176,880 1,850Legal 200,000 0 0 0 0 0 0Information Technology 1,073,453 261,715 88,381 173,335 271,939 176,282 95,657Human Resources 334,251 27,019 24,310 2,709 32,945 48,620 (15,675)Risk Management 195,252 0 0 0 0 0 0General Government Buildings 482,415 37,440 38,001 (562) 74,879 76,003 (1,123)Public Information & Marketing 493,811 87,201 40,263 46,939 87,201 80,442 6,760Municipal Court 244,982 23,358 19,010 4,348 39,066 38,020 1,046Police 2,583,623 164,400 201,877 (37,478) 304,991 403,755 (98,764)Fire 4,189,001 297,723 326,351 (28,628) 573,035 652,702 (79,667)EMS Operations 132,250 11,021 11,021 (0) 22,042 22,042 (0)Public Works 2,024,601 278,067 168,717 109,350 340,632 337,434 3,198Parks & Recreation 140,339 4,036 3,217 819 5,328 6,434 (1,106)Community Development 1,379,700 240,495 110,792 129,703 240,495 221,583 18,911Debt Service - Capital Lease Payment 709,395 0 0 0 0 0 0Operating Transfers to Other Funds 1,316,236 0 0 0 0 0 0Operating Reserve 163,630 0 0 0 0 0 0Total expenditures 17,817,221 1,764,803 1,274,393 490,410 2,374,481 2,467,327 (92,847)Net Income/(Loss)(1,232,192) (1,764,335)Operating Expenditures Annual BudgetCurrent MonthYear-to-Date12/11/2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Contributions & Donations 5,000$ -$ 3,700$ (1,300)$ Interest Revenues - - - - Holiday Card Sales - - - - T-shirt Sales - - - - Total revenues 5,000$ -$ 3,700$ (1,300)$ EXPENDITURES Current: Special Events 45,000$ 9,054$ 15,387$ 29,613$ Total Expenditures 45,000$ 9,054$ 15,387$ 29,613$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 4,191$ 4,191$ (35,809)$ Total other financing sources and uses 40,000$ 4,191$ 4,191$ (35,809)$ Net change in fund balances -$ (7,496)$ City of Milton Special Events Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations $ - $ - $ - $ - Interest Revenues - 7 15 15 Total revenues $ - $ 7 $ 15 $ 15 EXPENDITURES Current: Public Safety $ - $ - $ - $ - Total Expenditures $ - $ - $ - $ - OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ - $ - $ - $ - Total other financing sources and uses $ - $ - $ - $ - Net change in fund balances $ - $ 15 City of Milton Confiscated Assets Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 570,000$ 40,248$ 40,248$ (529,752)$ Total revenues 570,000$ 40,248$ 40,248$ (529,752)$ EXPENDITURES Current: Public Safety 554,000$ 26,764$ 171,274$ 382,726$ Total Expenditures 554,000$ 26,764$ 171,274$ 382,726$ OTHER FINANCING USES Unallocated 16,000$ -$ -$ (16,000)$ Total other financing sources and uses 16,000$ -$ -$ (16,000)$ Net change in fund balances -$ (131,026)$ City of Milton E-911 Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 85,934$ -$ -$ (85,934)$ Crabapple Festival Grant - - - - Total revenues 85,934$ -$ -$ (85,934)$ EXPENDITURES Current: Public Safety 118,530$ -$ -$ 118,530$ Community Development 20,000 - - (20,000) Total Expenditures 138,530$ -$ -$ 98,530$ Excess of revenues over expenditures (52,596) - - 52,596 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 52,596$ -$ -$ (52,596)$ Total other financing sources and uses 52,596$ -$ -$ (52,596)$ Net change in fund balances - - City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 47,000$ 4,191$ 4,191$ (42,809)$ Total revenues 47,000$ 4,191$ 4,191$ (42,809)$ OTHER FINANCING SOURCES (USES) Transfers out to General Fund (7,000)$ -$ -$ 7,000$ Transfers out to Special Events Fund (40,000) (4,191) (4,191) 35,809 Total other financing sources and uses (47,000)$ (4,191)$ (4,191)$ 42,809$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2009 Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 15,224$ 15,224$ (49,776)$ Landfill Host Fees 185,000 - - (185,000) Tree Recompense 12,800 - - (12,800) Interest Revenue 2,000 - - (2,000) Sidewalk Replacement Account 70,558 - - (70,558) Total revenues 335,358$ 15,224$ 15,224$ (320,134)$ EXPENDITURES Capital Outlay City Council 9,466$ -$ -$ 9,466$ IT 35,000 Police 128,852 20,500 20,500 108,352 Fire 182,479 - - 182,479 Public Works 4,491,632 - 196,100 4,295,532 Parks & Recreation 1,198,514 - - 1,198,514 Community Development 288,960 58 58 288,903 Total Capital Outlay 6,334,903$ 20,558$ 216,658$ 6,118,246$ Excess of revenues over expenditures (5,999,545) (5,334) (201,434) (6,438,380) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,068,400$ -$ -$ (1,068,400)$ Bd tdF dBl 4 931 145 (4 931 145) City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2009 Budgeted Fund Balance 4,931,145 - - (4,931,145) Total other financing sources and uses 5,999,545 - - (5,999,545) Net change in fund balances - (201,434) Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan 348,048$ -$ 80,957$ (267,091)$ GDOT HPP Funds - - - - Bathroom Renovation - - - - Interest Revenues - - - - Contributions & Donations - - - Total revenues 348,048$ -$ 80,957$ (267,091)$ EXPENDITURES Capital Outlay Public Works 1,828,578$ 5,182$ 5,182$ 1,823,396$ Total Capital Outlay 1,828,578$ 5,182$ 5,182$ 1,823,396$ Excess of revenues over expenditures (1,480,530) (5,182) 75,775 1,556,305 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 178,240$ -$ -$ (178,240)$ Budgeted Fund Balance 1,302,290 - - (1,302,290)$ Total other financing sources and uses 1,480,530$ -$ -$ (1,480,530)$ Net change in fund balances - 75,775 City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2009 WHEREAS, The City of Milton recognizes the importance of developing fine character and personal quality in our younger generations; and WHEREAS, The Boy Scouts of America have long been recognized as one of the preeminent organizations for fostering the best qualities in our young men; and WHEREAS, Within the Boy Scouts, the highest honor that can be achieved is the earning of the Eagle Scout honor, which is only awarded after many years of hard work and dedication to the ideals of the organization; and WHEREAS, The recipients of this honor represent a collective hope for the bright future of this nation in their hands; and WHEREAS, Milton resident Jason Wynne distinguished himself by achieving his Eagle Scout on November 22, 2009. NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby proclaim and applaud Eagle Scout Jason Wynne as an exemplary member of the Milton community and of the State of Georgia, and do urge all citizens to join in this celebration. Given under my hand and Seal of the City of Milton, Georgia on the 21st day of December, 2009. __________________________ Joe Lockwood, Mayor (Seal) WHEREAS, The City of Milton believes that active citizen participation in community events is the hallmark of a vibrant and healthy community; and WHEREAS, The general promotion of wellness not only benefits the individual participants by promoting fitness, but also draws citizens together for a common purpose, supporting the growth and nurture of a sense of community in Milton; and WHEREAS, In the 2009, several volunteers got together to initiate and promote the Inaugural Milton Mayor’s Run, thereby encouraging these important ideals of community and wellness; and WHEREAS, Many volunteered their time and talents to establish and then see through a successful event on the morning of Saturday, October 17, 2009; and WHEREAS, Community members Zach Middlebrooks and Dr. Greg Cabrera, among others, spent many hours working with the City to plan and promote this community event ; and WHEREAS, Brooklyn Joe’s Pizza and the Milton High School Beta Club, in addition to North Point Pediatrics, Run & See Georgia, CVS Caremark, Metro Group Development, S&ME, the Foresite Group, and Roasters served as critical supporting sponsors for this event; and WHEREAS, Milton recognizes the importance of establishing new traditions in our young city, and appreciate the multiple benefits this event brought to our community by the cultural entrepreneurship of some of our citizens. NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby proclaim December 21, 2009 as the Inaugural Mayor’s Run Volunteer Recognition Day, and do urge all citizens to join in this celebration. Given under my hand and Seal of the City of Milton, Georgia on the 21st day of December, 2009. __________________________ Joe Lockwood, Mayor (Seal) City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Fran Shoenthal, Solicitor – Municipal Court Date: Submitted on December 10, 2009 for First Presentation at the December 21, 2009 Regular Council Meeting and the January 6, 2009 Regular Council Meeting for its Second Reading Agenda Item: An Ordinance to Amend Chapter 4 of the City of Milton Ordinance regarding Municipal Court. COM (City Manager’s Office) Recommendation: To approve the attached amendment which authorizes the creation of a Pre-Trial Intervention and Diversion Program for certain criminal offenses that are committed within the incorporated limits of the City of Milton. Background: Georgia law (O.C.G.A. § 15-18-80) authorizes municipalities to enact a Pre-Trial Intervention Diversion Program. Said program is focused on letting first-time offenders, charged with certain criminal offenses, to participate in the judicial system and serve a penalty for their alleged criminal violation without the stigma of a permanent criminal conviction. Discussion: The participation into the Pre-Trial Intervention and Diversion Program is afforded to only those individuals who meet the strict guidelines for participation. If successfully completed by an individual, this program presents a win-win scenario for the City and the alleged offender. By successfully participating and completing the program and paying the appropriate fees to the City, the participant will be entitled to a dismissal of their criminal charge and the program allows the court to divert the matter from the traditional criminal prosecution thereby giving the offender a second chance, while at the same time affording the participant to serve a penalty for their criminal indiscretions. Concurrent Review: Chris Lagerbloom, City Manager Honorable Barry Zimmerman, Judge, Municipal Court of City of Milton Fran Shoenthal, Solicitor, Municipal Court of City of Milton Rupal Vaishnav, City Attorney’s Office Attachment: • An Ordinance to Amend Chapter 4 • Amended Chapter 4 • Pre-Trial Intervention Diversion Program general overview and general guidelines by Solicitor ( to be filled with the Municipal Court) STATE OF GEORGIA ORDINANCE NO. 09-_____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4, MUNICIPAL COURT, BY ADDING A NEW SECTION ENTITLED A PRE-TRIAL INTERVENTION AND DIVERSION PROGRAM, TO BE ADMINISTERED BY THE CITY OF MILTON SOLICITOR’S OFFICE FOR THE PURPOSE OF ENDING THE REPEAT OFFENSES OF THEFT BY SHOPLIFTING, UNDERAGE POSSESSION OF ALCOHOL, DISORDERLY CONDUCT AND OTHER MISCELLANEOUS MISDEMEANOR AND TRAFFIC OFFENSES THROUGH THE EDUCATION OF ELIGIBLE DEFENDANTS; AND FOR OTHER PURPOSES. The Council of the City of Milton hereby ordains while in regular session on the _____day of _____________, 2009 at 6:00 p.m.: WHEREAS, the City of Milton has an interest in maintaining the health, safety and welfare of the citizens of the City of Milton and its visitors; and WHEREAS, O.C.G.A. §15-18-80 authorized the prosecuting attorney (the City of Milton Solicitor) for a municipal court to create and administer a Pre-Trial Intervention and Diversion program for offenses within the jurisdiction of such municipal courts; and WHEREAS, the purpose of any Pre-Trial Intervention and Diversion Program is to provide an alternative to prosecuting offenders in the criminal justice system (O.C.G.A. § 15-18-80 (b)); and WHEREAS, it is the desire of the City of Milton to establish a new Pre-Trial Intervention and Diversion Program to be known as the City of Milton Pre-Trial Intervention and Diversion Program for the purpose of Educating and counseling those who are first offenders and preventing the occurrence of repeat offenses; and WHEREAS, the participants in the City of Milton Pre-Trial Intervention and Diversion Program would be those persons who have been adjudicated or have plead guilty or nolo contendre to the offenses of Theft by Shoplifting, Underage Possession of Alcohol, Disorderly Conduct, Possession of Marijuana, and other miscellaneous misdemeanor offenses including traffic offenses, but who have not yet had a judgment of guilt entered against them; and WHEREAS, the City of Milton Pre-Trial Intervention and Diversion Program would educate participants on the legal consequences of subsequent offenses and the modification of behavior that led to the commission of the crime. WHEREAS, entry into the City of Milton Pre-Trial Intervention and Diversion Program would be at the discretion of the City of Milton Solicitor based upon written guidelines (O.C.G.A. § 15- 18-80 (c)); and WHEREAS, in implementing the City of Milton Pre-Trial Intervention and Diversion Program, the City of Milton Solicitor must create written guidelines for acceptance into and administration of the program, which must include, but are not limited to, consideration of the nature of the crime, the prior arrest record of the offender, and the notification and response of the victim (O.C.G.A. § 15-18-80 (d)); and WHEREAS, the City of Milton Solicitor cannot accept any offender into the City of Milton Pre-Trial Intervention and Diversion Program for an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred (O.C.G.A. § 15-18-80 (e)); and WHEREAS, in implementing the City of Milton Pre-Trial Intervention and Diversion Program, the City of Milton Solicitor is authorized to access and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program, and any such fee must be made payable to the general fund of the City of Milton (O.C.G.A. § 15-18-80 (f)); and WHEREAS, by administering the City of Milton Pre-Trial Intervention and Diversion Program, the City of Milton Solicitor is authorized by the State law to collect restitution on behalf of victims, and any such restitution collected must be made payable to and disbursed by the clerk of the City of Milton Municipal Court (O.C.G.A. § 15-18-80 (g)); and THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA HEREBY ORDAINS, as follows: Section 1: That the Ordinance relating to Amending Chapter 4, Municipal Court, of the City of Milton Code of Ordinances be amended to add a Article 5 in its entirety as it relates to the Pre-Trial Intervention and Diversion Program is adopted and approved; and is attached hereto as if fully set forth herein; and Section 2: All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. Section 3: The amendment in this ordinance shall become effective immediately upon adoption. Section 4: Should it be found that any ordinance or parts of any ordinance are in conflict herewith, then those sections contained herein shall be deemed controlling. ORDAINED this ______ day of ____________ 2009. Approved: _________________________________ Joe Lockwood, Mayor Attest: ___________________________________ Jeanette R. Marchiafava, City Clerk Article 5: Pre-Trial Intervention and Diversion Program Section 1: Pre-Trial Intervention and Diversion Program established. In accordance with Official Code of Georgia Annotated § 15-18-80, a pretrial diversion program for offenders in the Municipal Court of the City of Milton (“Court”) is hereby established. The Court on its own motion, on the motion of the Solicitor, or at the request of a defendant, may initiate an investigation into an alleged offender’s eligibility to participate in the Court's Pre-Trial Intervention and Diversion program (hereinafter sometimes referred to as the "Program"). Section 2: Pre-Trial Intervention and Diversion Program. (a) Upon a submission of a plea of guilty or a plea of nolo contender to the underlying charges, but before an adjudication or judgment of guilt, the sentencing court may, in its discretion, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and enroll the defendant in an educational program administered by the Solicitor’s Office in accordance with Official Code of Georgia Annotated 15-18-80. (b) Upon successful completion of all terms and conditions of the Program, and a showing that the defendant has not violated any other ordinances of the City of Milton, and the laws of the State of Georgia or any other state for a period of one year from the date of entry into the Program, the Court shall dismiss all charges against the defendant and the Court shall not make an adjudication of guilt on the underlying charges. (c) The case may be advanced and a bench warrant or other notice to appear shall be issued in the event of a defendant’s failure to comply with all the terms or conditions of the Program. If the defendant violates the agreement or conditions of participation, the defendant’s guilty plea may be entered by the sentencing court, and a sentence thereon may be imposed in the manner provided by law. Any waiver executed, to enter into the Program pursuant to this Article, shall be void on the date the accused is removed from the Program. (d) All persons referred to the Program will be assessed an administrative fee as authorized in Official Code of Georgia Annotated 15-18-80(f) for the administration of the Program. Any such fee collected shall be deposited into the City of Milton general fund. Page 1 of 5 Chapter 4: Municipal Court Article 1: General Provisions Section 1: Creation of the Court In accordance with Article V, Judicial Branch, Section 5.10, Municipal Court of the Charter, the City hereby creates the Municipal Court of the City of Milton. The powers and jurisdiction of said Court are described in Article V, Judicial Branch of the Charter. Section 2: Judges (a) In accordance with Article V, Judicial Branch, Section 5.11, Judges, the Council shall appoint a chief judge and such part-time, full-time, or stand-by judges as needed by ordinance. Compensation shall be fixed by the Council. (b) The Municipal Court Chief Judge shall serve a term of four (4) years, coincident with the term of the mayor and may be reappointed to consecutive terms thereafter. (d) Judges appointed for the Municipal Court may be removed from office in accordance with Article V, Judicial Branch, Section 5.11, Judges by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Municipal Court Judges, in addition to the powers conferred upon them by the Charter, shall have the powers as conferred upon Magistrates by O.C.G.A. 15-10-2 and O.C.G.A.36-32-3. Section 3: Additional Personnel (a) Clerk of the Court. The City Manager shall appoint the Municipal Court Clerk, who shall serve at the pleasure of the City Manager. The Clerk of the Court shall also serve as Administrator of the Court. (b) Police Officers of the City of Milton Police Department, the Fulton County Police Department, or the Fulton County Sheriff’s Department or any other law enforcement officer may execute warrants and other writs in furtherance of the Court’s jurisdiction and orders. (c) Bailiff. At least one Police Department Officer or Officer from the Fulton County Sheriff’s Department will serve as a Bailiff whenever the Municipal Court is in session. (d) Solicitor. In accordance with Section 4.12 of the Charter, the City Attorney may be the prosecuting officer or solicitor in the Municipal Court. The City Council may also, from time to time, appoint and contract with other attorneys who are members of the State Bar of Georgia to serve as a prosecuting attorney in Municipal Court. The compensation of said attorney or attorneys shall be determined by the Council. Page 2 of 5 Section 4: Additional support (a) Indigent Defense. The City of Milton shall provide indigent defendants with counsel as provided by state law. (b) Translator. The City of Milton may provide translation services as required by state law. Section 5: Court Sessions The Court shall be in session at such times and dates as determined by the Clerk of the Court, as court administrator, to keep the dockets current. Section 6: Court Fees (a) In accordance with Article V, Judicial Branch, of the Charter, the council has authority to establish a schedule of reasonable fees to defray the cost of operation of the municipal court. (b) The Council shall set City fines for violations of City ordinances. Article 2: Trials and Judgments Section 1: Rules The Municipal Court Judges shall adopt specific rules of procedure which must be approved by the Mayor and City Council. No rules shall be inconsistent with the laws of Georgia or the Constitution of the United States. Such rules shall be made available on the City website or by other means determined by the Council. Section 2: Contempt of Court The Court may find persons in contempt of court and punish said persons in accordance with Section 5.13 of the Charter. Section 3: Fines (a) For fines that may be due by any defendant, execution may be issued by the Court Clerk and collected as provided by law. The Municipal Court shall have the discretion to enter fines consistent with this Code of Ordinances, Georgia and federal law. (b) Persons charged with traffic violations or other offenses as specified by the judge may, prior to the time for their court appearance, plead guilty in writing and pay to the City as their fine the amount set as the appearance bond for the offense charged. Those persons charged with driving under the influence of alcohol or drugs and other serious offenses, as determined by the Page 3 of 5 Municipal Court Judge, shall be required in all cases to appear before the court for disposition of the case. Section 4: Sentences In addition to any applicable fines, and upon a judgment or plea of guilty or pre-trial diversion, the Municipal Court Judge may impose sentence of confinement, compulsory work, or both; commit the defendant to confinement, compulsory work or both; suspend the execution of the sentence in whole or in part; place the defendant on probation; or defer the execution of the sentence or any portion or portions thereof to one or more fixed dates in the future. The court may punish for violations within its jurisdiction not exceeding a fine allowable by state law or imprisonment for not exceeding state law, or both; except as otherwise provided by this Code of Ordinances or State Law. Section 5: Appeals Unless specified elsewhere in the Code or Charter, all appeals from decisions of the Municipal Court shall be appealable, by right of certiorari, to the Superior Court of Fulton County under the laws of Georgia regulating the granting and issuance of writs of certiorari. Article 3: Bail Section 1: General Provisions Bail and bond considerations must be consistent with Article V, Judicial Branch, of the Charter and laws of the State of Georgia. Section 2: Minor Traffic Offenses (a) Pursuant to O.C.G.A. § 17-6-11 any person cited for a traffic offense shall be released in lieu of bail upon showing his or her drivers license. This provision does not apply to any charge of driving under the influence or other serious offenses designated by the municipal judge. (b) All persons arrested or notified by citation or ticket of parking violations shall be released on their own recognizance. Section 3: Professional Bondsmen No professional bondsman shall be accepted as surety on a bail bond unless he holds a current business license in the City, is approved by the Chief of Police, and has fully complied with all other City requirements for bonding companies. Section 4: Failure or Refusal to Give Bond Page 4 of 5 If the accused or a witness shall fail or refuse to give the bond and security as required under this Article, the person so failing or refusing may be confined or kept under guard, so as to be present to abide the trial or to testify as the case may be. Article 4: Court Procedures Section 1: Issuance of summons Any member of the department of police, the solicitor or assistant solicitor of the municipal court, in all cases where a complaint is made or information is obtained of any violation of any provision of this Code or other laws or ordinances of the city, shall issue a summons, directed to the accused, requiring the accused to appear before the municipal court to answer this charge. The summons shall designate the time and place of trial and shall be signed by the member of the department of police, solicitor, or assistant solicitor issuing it, and a copy thereof shall be served upon the accused either personally or by leaving the copy at the accused's place of residence. Section 2: Failing to appear to answer summons It shall be unlawful for any defendant lawfully summoned to answer charges in the municipal court to either fail, neglect, or refuse to appear at the time and place specified in the summons or fail to provide a satisfactory explanation for this absence. The trial may be continued to such time as the municipal court may direct, and the court shall issue an order requiring the police chief or other members of the department of police to arrest the defendant and bring the defendant before the court to answer both the initial charges and the charge for failing to appear at trial. The chief of corrections shall keep the defendant in custody until the defendant is brought before the court, unless the defendant posts bond for appearance, as provided by law. Section 3: Issuance of subpoenas Whenever the attendance of any witness may be required before the municipal court to establish any fact, the clerk of the municipal court shall issue a subpoena directed to the witness, stating the time and place of trial and the parties to the case, which shall be served as other process by the police chief or other police officers. Section 4: Witness failing or refusing to obey subpoena. If any person lawfully summoned as a witness before the municipal court shall fail, neglect, or refuse to attend the trial for which the person has been summoned or fail to provide a satisfactory explanation for this absence, the person may be cited for contempt and be fined in a sum not to exceed the maximum amount allowed by state law. If the cause is continued because of the absence of this person, the court may issue attachment against the person requiring the person to show cause on the day appointed for trial why the person should not be cited for contempt. The police chief or other police officer shall, by virtue of the attachment, arrest the person and keep the person in Page 5 of 5 custody until the person is brought before the court, unless the person posts bond for appearance, as provided by law. Section 5: Contempt Any person who, during a sitting of the municipal court, shall be guilty of contempt of court or who refuses to abide by an order of the court or sentence, may be punished as provided in Article V, Judicial Branch, Section 5.13, Powers of the Charter. Article 5: Pre-Trial Intervention and Diversion Program Section 1: Pre-Trial Intervention and Diversion Program established. In accordance with Official Code of Georgia Annotated § 15-18-80, a pretrial diversion program for offenders in the Municipal Court of the City of Milton (“Court”) is hereby established. The Court on its own motion, on the motion of the Solicitor, or at the request of a defendant, may initiate an investigation into an alleged offender’s eligibility to participate in the Court's Pre-Trial Intervention and Diversion program (hereinafter sometimes referred to as the "Program"). Section 2: Pre-Trial Intervention and Diversion Program. (a) Upon a submission of a plea of guilty or a plea of nolo contender to the underlying charges, but before an adjudication or judgment of guilt, the sentencing court may, in its discretion, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and enroll the defendant in an educational program administered by the Solicitor’s Office in accordance with Official Code of Georgia Annotated 15-18-80. (b) Upon successful completion of all terms and conditions of the Program, and a showing that the defendant has not violated any other ordinances of the City of Milton, and the laws of the State of Georgia or any other state for a period of one year from the date of entry into the Program, the Court shall dismiss all charges against the defendant and the Court shall not make an adjudication of guilt on the underlying charges. (c) The case may be advanced and a bench warrant or other notice to appear shall be issued in the event of a defendant’s failure to comply with all the terms or conditions of the Program. If the defendant violates the agreement or conditions of participation, the defendant’s guilty plea may be entered by the sentencing court, and a sentence thereon may be imposed in the manner provided by law. Any waiver executed, to enter into the Program pursuant to this Article, shall be void on the date the accused is removed from the Program. (d) All persons referred to the Program will be assessed an administrative fee as authorized in Official Code of Georgia Annotated 15-18-80(f) for the administration of the Program. Any such fee collected shall be deposited into the City of Milton general fund. THE MUNICIPAL COURT OF THE CITY OF MILTON STATE OF GEORGIA PRE-TRIAL ) MISCELLANEOUS MATTER ______ INTERVENTION ) DIVERSION ) PROGRAM ) ) ) ) ) Comes now Fran Shoenthal, Solicitor of the Municipal Court of the City of Milton, and pursuant to O.C.G.A. section 15-18-80 establishes a Pre-Trial Intervention and Diversion Program as follows: 1. The purpose of Milton Municipal Court Pre-Trial Intervention Diversion (“Program”) shall be to provide an alternative to prosecute defenders who are charged with specific traffic offenses enumerated “Attachment A,” attached hereto and incorporated fully by reference. 2. Participation and entry into the Program shall be permitted only upon the guidelines set forth herein. 3. Only defendants meeting the following criteria shall qualify for a participation in the Program: (a) no felony convictions during said defendant’s lifetime; (b) the defendant has never previously participated in this or any other similar program at any time; (c) no conviction during said defendant’s lifetime for any offense which would result in the mandatory suspension of a driver’s license, including but not limited to, those offenses listed under O.C.G.A. section 40-5-54 (homicide by vehicle; a felony in the commission of which a motor vehicle is used; hit and run and leaving a scene of an accident violation of O.C.G.A. section 40-6-270; racing on highways and streets; using motor vehicles in fleeing or attempting to elude an officer; fraudulent or fictitious use of or an application for a license as provided in O.C.G.A. sections 40-5-120 and 40-5-125; and operating a motor vehicle with a revoked, cancelled, or suspended registration in violation of O.C.G.A. 40-6-15); (d) any defendant who at any time has been convicted of or entered a plea of nolo contendere to reckless driving, driving under the influence of alcohol, etc., serious injury by vehicle, homicide by interference with a traffic control device, etc., or aggressive driving as described in O.C.G.A. sections 40-6-390, 40-6-391, 40-6- 394, 40-6-395, 40-6-396, and 40-6-397; (e) any defendant who at the time of either the commission of the offense for which they are charged or at the time of the request to enter into the program is currently on probation or parole from any jurisdiction; (f) any defendant who is charged with a moving violation that resulted in automobile collision for which no insurance is available for restitution; (g) any defendant, who is in opinion of the Solicitor, is unfit to participate in the Program; and (h) any offense for which the law provides a mandatory minimum sentence of incarceration on imprisonment that cannot be suspended, probated, or deferred. 4. Only defendants charged with the offenses listed in “Attachment A” attached hereto and incorporated fully by reference shall be permitted to participate in the program, unless expressly prohibited under Section 3. If a defendant is charged with an offense that resulted in an automobile collision, notice shall be giving to all other drivers, passengers, pedestrians, and other victims per O.C.G.A. section 15-18-80 who shall be advised of the defendant’s desire to participate in the Program and their right, as a victim, to respond to said request. Notice may be in given in open court or by regular mail sent to the victim’s address as may appear upon the uniform traffic citation or police report. 5. Any defendant who enters the program shall be assessed a fee of $300.00 which fee shall be paid in full prior to the dismissal of any charges. 6. The Solicitor may condition entry and completion of the Program upon payment of any restitution due to any victim as provided in O.C.G.A. section 15-18-80. Any restitution collected under the Program shall be made payable to, and disbursed by the Clerk of the Court as provided by law. 7. For defendants under the age of 21 on the date of the offense of which is charged, the Program shall consist of completion of the court’s Teens Learning Care Program (TLC) Modules I or II as described in the court’s TLC brochure attached as “Attachment B”; provided however, any under 21 year old driver charged with an offense described in TLC Module 3 shall not be eligible for participation in the Program. 8. For defendants between the ages of 21 and 64 on the date of the offense for which they are charged, the Program shall include completion of a Georgia State Certified Defensive Driving Course per O.C.G.A section 40-5-83; provided, however, only “in person” attendance of such course is acceptable. If a defendant is an out of state licensed driver, attendance at a “home state” course shall be only acceptable upon the Solicitor’s review and approval. 9. For defendants 65 years and older on the date of the offense for which they are charged, the Program shall include attendance at either a Defensive Driving Course described in paragraph 8 or a course administered by the American Association of Retired People (AARP), but only upon personal classroom attendance. 10. Nothing herein shall prohibited the Solicitor from adding additional conditions of Program participation including but not limited to hours of community service, restitution, curfew and banishment restrictions, and other conditions in which, the Solicitor’s judgment are appropriate under the circumstances of each particular case. 11. Nothing herein shall be deemed to grant any right in any defendant to participate in the Program as participation shall solely be upon the discretion of the Solicitor. 12. Any defendant who fails to complete all conditions of the program and/ or pay any fees or restitution due thereunder shall be notified of such failure and the case shall be placed back on the Court’s arraignment docket for adjudication as otherwise provided by law. 13. After the defendant’s completion of the program, the payment in full of the fee provided herein, and the payment in full of any restitution, the Solicitor shall certify to the Clerk of the Court that the program has been completed and the case shall be marked on the court’s docket as “Dismissed, Pre-Trial Intervention and Diversion Program Completed.” 14. Any defendant at any time may demand a trial of a case within the Program by judge or by jury, and the same shall be tried by this court, unless prohibited by law, in which instance, the case shall be transferred to a court of competent jurisdiction. 15. This program shall remain in effect until amended or modified by law. So entered this ________day of __________________2009. ________________________________________ Fran Shoenthal Solicitor, City of Milton Municipal Court ATTACHMENT A CODE SECTION VIOLATIONS DESCRIPTION FINE AMOUNT 40-2-6 TAGS: ALTERATION/IMPROPER PLATES $163.00 40-2-8 TAGS: OPERATING W/OUT PROPER DECAL $25.00 40-2-8 TAGS: NEW RESIDENT HAS 30 DAYS TO REG $163.00 40-2-8B2 FAIL TO REG NEW/USED VEH W/IN 30 DAYS $163.00 40-2-20 DRIVING WITHOUT A TAG $163.00 40-2-31 NO COUNTY DECAL (1ST)$66.00 40-2-31 NO COUNTY DECAL (2ND)$163.00 40-2-41 DISPLAY OF LICENSE PLATES $163.00 40-2-41 DRIVING W/OBSTRUCTED LICENSE PLATE $163.00 40-2-42 IMPROPER TRANSFER OF LICENSE PLATE/DECAL $163.00 40-5-4 FAIL TO DISPLAY EMBLEM/SLOW MOVING VEH $131.00 40-5-20 NEW RESIDENT-30 DAYS TO OBTAIN LICENSE $157.00 40-5-20A OPERATING VEH W/OUT PROPER CLASS OF LIC $157.00 MILTON MUNICIPAL COURT 40-5-20A OPERATING VEH W/OUT PROPER CLASS OF LIC $157.00 40-5-20B OPERATING VEH W/OUT LIC WHILE BEING TOWED $157.00 40-5-23 WRONG CLASS OF DRIVERS LICENSE $170.00 40-5-24B2A VIOLATION OF CLASS D LIC RESTRICTION $170.00 40-5-29A NO LICENSE ON PERSON $16.00 40-5-32 EXPIRED DRIVER'S LICENSE $16.00 40-5-32A EXPIRED LICENSE W/PROFF OF RENEWAL $16.00 40-5-33 LICENSE: 60 DAYS TO CHANGE NAME/ADDRESS $105.00 40-6-10A4 NO PROOF OF INSURANCE $25.00 40-6-120 IMPROPER LEFT OR RIGHT TURN $178.00 40-6-120B FAIL TO OBEY TEMP TRF CONTROL DEVICE $178.00 40-6-121 IMPROPER U-TURN $178.00 40-6-121(4) MAKING PROHIBITED U-TURN(POSTED/MARKED) $178.00 40-6-122 IMPROPER STARTING OF PARKED VEHICLE $178.00 40-6-123 IMPROPER LANE CHANGE/USAGE $178.00 40-6-123BCD IMPROPER USE OF SIGNAL LIGHTS $178.00 40-6-123C IMPROPER STOPPING ON ROADWAY $178.00 40-6-124 FAIL TO USE SIGNAL $178.00 40-6-125 IMPROPER USE OF HAND SIGNALS $178.00 40-6-126 IMPROPER USE OF CENTRAL TURN LANE $178.00 40-6-14 NOISE VIOLATION (LOUD MUSIC FR. VEHICLE) $178.00 40-6-140A FAIL TO STOP FOR APPROACHING TRAIN $196.00 40-6-140B DISREGARDING RR CROSSING BARRIER $196.00 40-6-140F IMPROPER STOP ON RR TRACKS (<10 WHEELS) $196.00 40-6-141 FAILURE TO STOP AT STOP SIGN AT RR ZING $196.00 40-6-142 CERTAIN VEH MUST STOP AT RR CROSSING(NO PASS) $196.00 40-6-142 CFERTAIN VEH MUST STOP AT RR CROSSING (PASS) $300.00 40-6-144 DRIVER/YIELD/SIDEWALK $178.00 40-6-180 BASIC RULES/TOO FAST FOR CONDITIONS $178.00 40-6-181 SPEEDING 11-14 OVER (1ST)$143.00 40-6-181 SPEEDING 11-14 OVER (2ND)$163.00 40-6-181 SPEEDING 11-14 OVER (3RD)$183.00 40-6-181 SPEEDING 11-14 OVER (4TH)$203.00 40-6-181 SPEEDING 11-14 OVER (5TH)$223.00 40-6-181 SPEEDING 11-14 OVER (6TH)$243.00 40-6-181 SPEEDING 11-14 OVER (7TH)$263.00 40-6-181 SPEEDING 11-14 OVER (8TH)$283.00 40-6-181 SPEEDING 15-18 OVER (1ST)$193.00 40-6-181 SPEEDING 15-18 OVER (2ND)$213.00 40-6-181 SPEEDING 15-18 OVER (3RD)$233.00 40-6-181 SPEEDING 15-18 OVER (4TH)$253.00 40-6-181 SPEEDING 15-18 OVER (5TH)$273.00 40-6-181 SPEEDING 15-18 OVER (6TH)$293.00 40-6-181 SPEEDING 19-23 OVER (1ST)$248.00 40-6-181 SPEEDING 19-23 OVER (2ND)$268.0040-6-181 SPEEDING 19-23 OVER (2ND)$268.00 40-6-181 SPEEDING 19-23 OVER (3RD)$288.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (1ST) $298.00 40-6-184 IMPEDING THE FREE FLOW OF TRAFFIC $178.00 40-6-188 FAILURE TO OBEY PERSON DIRECTING TRAFFIC $248.00 40-6-20 RUNNING RED LIGHT $178.00 40-6-200 IMPROPER PARKING $178.00 40-6-201 LEAVING MOTOR VEHICLE UNATTENDED $178.00 40-6-202 STOP/STAND/PARK OUTSIDE BUS/RES DISTRICT $178.00 40-6-203 IMPROPER STOPPING/PARKING ON ROADWAY $178.00 40-6-203 PARKING IN FIRE LANE $178.00 40-6-205 OBSTRUCTING AN INTERSECTION $178.00 40-6-20A VIOLATION OF TRAFFIC-CONTROL DEVICE $178.00 40-6-23.1 VIOLATION OF FLASHING RED SIGNAL $178.00 40-6-23.2 VIOLATION OF FLASHING YELLOW SIGNAL $178.00 40-6-24 LANE DIRECTIONS $178.00 40-6-240 IMPROPER BACKING $178.00 40-6-240B IMPROPER BACKING SHOULDER/CNTRLD ADD RDW $178.00 40-6-241 DRIVER EXERCISE DUE CARE $178.00 40-6-242 OBSTUCTION/INTERFERENCE WITH DRIVER $178.00 40-6-242B PASSENGER INTERFERE W/ DRIVER $178.00 40-6-243 OPENNING DOORS TO MOVING TRAFFIC $178.00 40-6-244 RIDING IN HOUSE TRAILER $178.00 40-6-246 COASTING PROHIBITED $178.00 40-6-247 FOLLOWING EMERG. VEH W/IN 200 FT $196.00 40-6-249 LITTERING HIGHWAY $178.00 40-6-250 DEVICE WORN THAT IMPAIRES HEARING/VISION $178.00 40-6-252 PARKING/DRIVING THRU NO THRU ZONE (1ST) $98.00 40-6-252 PARKING/DRIVING THRU NO THRU ZONE (2ND) $163.00 40-6-252 PARKING/DRIVING THRU NO THRU ZONE (3RD) $228.00 40-6-253 OPEN CONTAINER VIOLATION $275.00 40-6-254 FAILURE TO SECURE LOAD-STANDARD $178.00 40-6-255 GASOLINE DRIVE-OFF $225.00 40-6-26 INTERFERE WITH TRAFFIC CONTROL DEVICES $300.00 40-6-272 STRIKING FIXED OBJECT-NO RESTITUTION $300.00 40-6-272 STRIKING FIXED OBJECT-RESTITUTION 40-6-275 REMOVAL OF VEHICLE FRO ROADWAY $178.00 40-6-291 TRAFFIC LAWS APPLY TO BICYCLES ON ROAD $178.00 40-6-292 NO RIDING ON HANDLEBARS OF BICYCLE $178.00 40-6-293 PERSON ON BIKE/SKATES/WAGON CLING TO VEH $178.00 40-6-294 BICYCLE MUST BE ON RIGHT SIDE OF ROADWAY $178.00 40-6-294B BICYCLE: MORE THAN 2 ABREAST ON ROAD $178.00 40-6-296 BICYCLE: EQUIPMENT REQUIREMENT $178.00 40-6-310 TRAFFIC LAWS APPLICABLE TO MOTORCYCLES $178.00 40-6-311C CARRYING ARTICLE, HANDS NOT ON HANDLEBAR $178.0040-6-311C CARRYING ARTICLE, HANDS NOT ON HANDLEBAR $178.00 40-6-311D PASSENGER NOT TO INTERFERE WITH OPERATOR $178.00 40-6-311E OPERATOR AND PASSENGER MUST WEAR SHOES $178.00 40-6-312 OTHER VEHICLES MUST GIVE MOTORCYCLE LANE $178.00 40-6-312D MOTORCYCLE: MORE THAN 2 ABREAST $178.00 40-6-312E MOTORCYCLE: MUST HAVE LIGHTS ON $178.00 40-6-313 MOTORCYCLE CLINGING TO OTHER VEHICLES $178.00 40-6-314 PASSENGER MUST HAVE FOOTRESTS (M.CYCLE) $178.00 40-6-314A MOTORCYCLE: FOOTREST FOR PASSENGERS $178.00 40-6-314B MOTORCYCLE: HANDLEBAR/BACKREST VIOL. $178.00 40-6-315 NO HELMET (MOTORCYCLE)$178.00 40-6-315B MOTORCYCLE: MUST HAVE EYE PROTECTION $178.00 40-6-350 TRAFFIC LAWS APPLICABLE TO MOPEDS $178.00 40-6-351 LICENSE: MOPED OPERATORS NEED LICENSE $178.00 40-6-352 OPERATOR OF MOPED MUST HAVE A HELMET $178.00 40-6-4 RIDE ANIMAL/ANIMAL-DRAWN VEHICLE, MUST OBEY $178.00 40-6-40 WRONG SIDE OF ROADWAY $178.00 40-6-40B SLOWER VEHICLE, MUST KEEP TO RIGHT $178.00 40-6-40D IMPEDING FLOW BY DRIVING SIDE BY SIDE $178.00 40-6-42 IMPROPER PASSING/CUTTING IN OR CAR BEING OVERTAKEN $178.00 40-6-42.2 INCREASING SPEED WHILE BEING PASSED $178.00 40-6-43 OVERTAKE AND PASS ON RIGHT $178.00 40-6-43B PASSING ON SHOULDER OF ROADWAY $178.00 40-6-44 PASSING W/IN 200 FT. OF ONCOMING TRAFFIC $178.00 40-6-45 PASSING ON HILL OR CURVE $248.00 40-6-45A2 PASSING W/IN 100 FT. OF INTERSECTION OR RR XING $178.00 40-6-45A3 PASSING W/IN 100 FT. OF BRIDGE/TUNNEL $178.00 40-6-46 PASSING IN NO-PASSING ZONE $178.00 40-6-46B IMPROPER PASSING (SOLID YELLOW LINE) $178.00 40-6-47 ONE WAY ROADWAY OR ROTARY TRAFFIC $178.00 40-6-48 FAILURE TO MAINTAIN LANE $178.00 40-6-49 FOLLOWING TOO CLOSELT $178.00 40-6-49C INSUFF.ROOM TO CONVOY TO PASS ON OPEN RD $178.00 40-6-50 DRIVING WITHIN GORE OR MEDIAN $178.00 40-6-50 DRIVING WITHIN THE EMERGENCY LANE $178.00 40-6-50 DIVIDED HWY/CTRLD-ACCESS RD/EMERGENCY LN $178.00 40-6-50B IMPROPER CROSSING OF GORE IN CONVRING LN $178.00 40-6-70 FAIL TO YIELD WHEN ENTERING INTERSECTION $178.00 40-6-71 FAIL TO YIELD WHEN TURNING LEFT $178.00 40-6-72B FAILURE TO STOP AT STOP SIGN $178.00 40-6-72C FAIL TO YIELD RIGHT OF WAY AT YIELD SIGN $178.00 40-6-73 FAIL TO YIELD WHEN ENTER/CROSS ROADWAY $178.00 40-6-74 FAILURE TO YIELD TO EMERGENCY VEHICLE $178.00 40-6-75 FAIL TO YIELD TO CONSTRUCTION VEH/PERSON $178.0040-6-75 FAIL TO YIELD TO CONSTRUCTION VEH/PERSON $178.00 40-6-75B FAIL TO YIELD ROW TO AUTH VEH DISPL AMBR $178.00 40-6-76 FAIL TO YIELD TO FUNERAL PROCESSION $248.00 40-6-90 FAIL TO OBEY TRA-CTL/REG. BY PEDESTRIAN $178.00 40-6-91 FAIL TO YIELD TO PEDESTRIAN IN CROSSWALK $178.00 40-6-91B PEDESTRIAN MUST NOT DART IN TRAFFIC $178.00 40-6-91D PASSING A VEH. YIELDING TO PEDESTRIAN $178.00 40-6-92D PED. CROSSING RDWAY DIAGONALLY W/O AUTHOR $157.00 40-6-93 DRIVER MUST USE CARE TO AVOID PEDESTRIAN $300.00 40-6-94 FAIL TO YIELD TO BLIND PEDESTRIAN $196.00 40-6-96 PEDESTRIAN MUST WALK ON SIDEWALK WHEN PROVIDED $163.00 40-6-96B PED FAILING TO WALK ON SHOULDER $163.00 40-6-96B PED FAILING TO WALK FACING TRAFFIC ON 2 LN RD $163.00 40-6-96D PED FAILING TO YIELD ROW TO ALL VEHICLES $163.00 40-6-96F PED FAILING TO STOP FOR RR CROSSING BARR $163.00 40-6-97 PED MUST NOT SOLICIT RIDE/EMP/BUSINESS $163.00 40-6-98 DRIVING THROUGH A SAFETY ZONE $300.00 40-7-4 OPERATING RESTRICTIONS FOR OFF-ROAD VEHICLE $66.00 40-7-4.2 OFF-ROAD VEHICLE ON PRIVATE PROPERTY $66.00 40-8-130 ILLEGAL MUFFLERS $178.00 40-8-130 VIOLATION OF EMISSION CONTROL DEVICE $178.00 40-8-181 VISABLE EMISSIONS FROM VEHICLE $178.00 40-8-20 LIGHTED HEADLIGHTS/OTHER LIGHTS REQUIRED $178.00 40-8-22 HEADLIGHT REQUIREMENTS $178.00 40-8-23 TAILLIGHT/LENSES REQUIRED $178.00 40-8-23D TAG LIGHT REQUIRED $178.00 40-8-24 REFLECTORS $178.00 40-8-25 NO BRAKE LIGHTS OR WORKING TURN SIGNALS $178.00 40-8-26 NO OPERATING BRAKE LIGHTS/SIGNALS $178.00 40-8-27 LIGHT/FLAG REQUIRED ON PROJECTING LOAD $178.00 40-8-28 REQ LIGHTS ON PARKED VEH NOT VIS FOR 500 $178.00 40-8-29 SPOTLIGHTS/FOG LIGHTS/AUXILIARY LIGHTS $178.00 40-8-3 VEHICLE OR LOAD DRAGGING ON HWY W/O ACCIDENT $248.00 40-8-31 FAILURE TO DIM HEADLIGHTS $178.00 40-8-4 SLOW VEHICLE MUST HAVE TRIANGULAR WARN DEV. $178.00 40-8-50 BRAKES REQUIRED $178.00 40-8-6 OPERATING VEHICLE W/ALTERED SUSPENSION $178.00 40-8-7 DRIVING UNSAFE/IMPROPERLY EQUIPED VEH. $178.00 40-8-70 HORNS OR WARNING DEVICES VIOLATION $178.00 40-8-70B ILLEGAL EQUIPMENT (SIREN,WHISTLE,BELL) $178.00 40-8-71 IMPROPER EXHAUST SYSTEM $178.00 40-8-72 MIRROR REQUIRED, IF VISION OBSTRUCTED $178.00 40-8-73 VIEW OBSTRUCTED (WINDSHIELD/OTHER) $178.00 40-8-73.1 LIGHT REDUCING MATL. AFFIXED TO WINDOWS $178.0040-8-73.1 LIGHT REDUCING MATL. AFFIXED TO WINDOWS $178.00 40-8-74 TIRE REQUIREMENTS $178.00 40-8-76 SAFETY BELTS VIOLATION (CHILDREN) 1ST $50.00 40-8-76 SAFETY BELTS VIOLATION (CHILDREN) 2ND $100.00 40-8-76.1 SAFETY BELTS VIOLATION (ADULTS) $15.00 40-8-76.1E3 SEAT BELT VIOLATION (AGES 6 TO 17) $25.00 40-8-77 DEFECTIVE SHOCK ABSORBERS $178.00 40-8-79 RIDING IN BACK OF PICKUP ON INTERSTATE $178.00 40-8-8 NO WORKING SPEEDOMETER $178.00 40-8-92 UNAUTHORIZED VEH. WITH AMBER LIGHTS $248.00 40-8-94 UNAUTH. USE OF SIREN/WHISTLES/BELLS $248.00 42-8-36 WANTED PERSON LOCATED/WARRANT SERVED 5-1-10 ANIMALS RUNNING AT LARGE $150.00 5-1-11 SECURITY DOG RESTRICTIONS $150.00 5-1-15 ANIMAL NUISANCES $150.00 5-1-6 LICENSE TAG REQUIRED FOR ANIMALS $150.00 5-1-7 VACINATION TAGS REQUIRED $150.00 5-1-8 KENNEL RESTRICTIONS/# LIMITS ON PETS $150.00 5-1-9 CRUELTY TO ANIMALS $300.00 5-2-1 RABIES VACCINATION REQUIREMENTS $150.00 5-3-1 VICIOUS ANIMAL $300.00 7-1-15 DISPLAY OF LICENSE REQUIRED $300.00 7-1-23 WHOLESALE/RETAIL RESTRICTIONS $300.00 7-1-28 EMPLOYMENT OF UNDERAGE PERSONS $300.00 7-1-29 FAILURE TO REQUIRE ID FOR ALCOHOL SALE $300.00 7-1-30 SALE OF ALCOHOL TO UNDERAGE $300.00 7-1-31 PURCHASE/POSS OF ALCOHOL BY UNDERAGE $300.00 7-1-34 OPEN CONTAINER OFF PREMISES $300.00 7-1-37 NOISE LIMITS 10PM - 8AM $300.00 7-1-4 SALE OF ALCOHOL WITHOUT LICENSE $300.00 7-1-40 SALE OF ALCOHOL ON ELECTION DAY $300.00 7-1-41 BRINGING ALCOHOL INTO ESTABLISHMENT $300.00 7-1-42 PROHIBITED CONDUCT $300.00 7-1-5 LOCATION/DISTANCE REQ ALCOHOL SALES $300.00 7-2-11 HAPPY HOUR PROHIBITED $300.00 7-2-5 HOURS ALCOHOL SALES RESTRICTED $300.00 7-2-6 CONDITIONS OF OPERATION $300.00 7-2-7 SALE TO UNDERAGE/INCAPACITATED PERSON $300.00 7-2-8 UNACCOMPANIED MINORS IN ESTABLISHMENTS $300.00 7-2-9 EMPLOYMENT OF UNDERAGE $300.00 7-3 CONSUMPTION OF ALCOHOL ON PREMISES $300.007-3 CONSUMPTION OF ALCOHOL ON PREMISES $300.00 7-4 RETAIL PACKAGE SALES BEER/WINE $300.00 7-5 RETAIL PACKAGE SALES/LIQUOR $300.00 7-6 WHOLESALE RESTRICTIONS $300.00 7-7 PRIVATE CLUB RESTRICTIONS $300.00 7-8 HOTEL/MOTEL SERVICE RESTRICTIONS $300.00 8-1-4A ALCOHOL IN PARK $300.00 8-1-4B FIREARMS/FIREWORKS PROHIBITED IN PARK $300.00 8-1-4C INJURING PUBLIC PROPERTY $300.00 8-1-4D KILLING WILDLIFE IN PARK $300.00 8-1-4E MOTOR VEHICLES IN PARK $300.00 8-1-4F NOISES PROHIBITED IN PARK $300.00 8-1-4G VIOLATION OF PARK HOURS $300.00 8-1-4H PET RESTRICTIONS $300.00 8-1-4 I PERMIT REQUIREMENTS $300.00 8-1-4J POLLUTING PARK WATER $300.00 8-1-4K POSTING SIGNS IN PARK $300.00 8-1-4L SKATEBOARD RESTRICTIONS IN PARK $300.00 8-1-4M SMOKING PROHIBITED IN PARKS $300.00 8-1-4N SPEED LIMITS STRICTLY ENFORCED IN PARK $300.00 8-1-4-O SWIMMING PROHIBITED $300.00 8-1-4 P URBAN CAMPING IN PARK $300.00 8-2-2 PERMIT REQUIRED FOR SPECIAL EVENTS $300.00 9-2 BUILDING CODE/OCCUPANCY RESTRICT $500.00 9-4-1 PROPERTY MAINTENANCE $500.00 9-4-3 OCCUPANCY LIMITS/OVERCROWDING $500.00 IPM 302.8 ABANDONED VEHICLES $300.00 IPM307.1 RUBBISH AND GARBAGE $300.00 JUV JUVENILE COURT CITATION NOISE 4-7 CONSTRUCTION NOISE RESTRICTIONS $300.00 VOID VOID ZON 16-2-1 STREETS AND SIDEWALKS $300.00 ZON 19.4.39 SALVAGE, STORAGE, JUNK $500.00 ZON 4.12 HOME OCCUPATION REQUIREMENTS $500.00 ZON 4.4.3 SITE DESIGN GUIDELINES $300.00 ZON 4.6 REFUSE AREAS $300.00 ZON 4.8.1 LAND USE $300.00 ZON 7.5 SOIL EROSION $300.00 ZON 33-25 SIGN ORDINANCE $300.00 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: Submitted on December 7, 2009 for December 21, 2009 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Aldi, Inc dba Aldi, Inc (GA) #30 City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Aldi Inc dba Aldi Inc (GA) #30 for retail of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Aldi Inc dba Aldi Inc (GA) #30 Owner(s) Name: Scott Kornegay Business Address: 12990 Highway 9 North Suite #107 Type of License to be Issued: Retail – Wine/Malt Beverage Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Tom Wilson, Operations Director and Interim Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: Submitted on December 7, 2009 for December 21, 2009 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Su Shin USA dba Magic Wok & Sushi Bar City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Su Shin USA dba Magic Wok & Sushi Bar for Consumption on the Premises of Wine and Malt Beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Su Shin USA dba Magic Wok & Sushi Bar Owner(s) Name: GuoFu Wu Business Address: 12890 Highway 9 Suite 140 Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Tom Wilson, Operations Director and Interim Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: Submitted on December 7, 2009 for December 21, 2009 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Casa De Tontos LLC dba Sip Wine Tapas Restaurant City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Casa De Tontos LLC dba Sip Wine Tapas Restaurant for consumption on the premises of Wine, Malt beverage and Distilled spirits. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Casa De Tontos LLC dba Sip Wine Tapas Restaurant Owner(s) Name: John Foster Smith Business Address: 12635 Crabapple Rd Ste 110 Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage/Distilled Spirits Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Tom Wilson, Operations Director and Interim Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Tom Wilson, Interim Community Development Director Date: December 8, 2009, for Submission onto the December 21, 2009, City Council Meeting (First Presentation September 9, 2009) Agenda Item: Text Amendment to add Article 13, “Historic Preservation” of the City of Milton Zoning Ordinance. CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment Article 13, “Historic Preservation” of the City of Milton Zoning Ordinance. Background: In 2007, a passionate group of residents presented to the Community Development Department a draft ordinance for the creation of a Historic Preservation Commission to help preserve the sites catalogued by the Georgia Department of Natural Resources and Fulton County in 1996. Since that time, the Mayor and City Council established the Historic Preservation Committee in December of 2008 to develop an ordinance along with Staff to preserve Milton’s historic resources. After review by the City Attorney, Staff presented the Ordinance to the Mayor and City Council at the August 10, 2009 Work Session. At the meeting, there was extensive discussion about the Prior Use Recognition and how it would affect the potential sites and adjacent property’s future land use. The majority of the Mayor and City Council requested that the Ordinance be reviewed by the Design Review Board and go before the Planning Commission for their recommendation prior to the Mayor and City Council’s vote on September 21, 2009. At the September 21, 2009 Mayor and Council meeting, the item was deferred to the October 19, 2009. At the October 19, 2009 Mayor and Council Meeting, it was deferred to December 21, 2009 to allow the Planning Commission to further deliberate and make recommendations to the Mayor and City Council. The City Attorney was in attendance at the Planning Commission’s October 27, 2009 meeting to answer any further questions and provide guidance. The Planning Commission finished its recommendations at the November 18, 2009 Planning Commission meeting. The document that is attached is the final recommendation for consideration by the Mayor and City Council. Discussion: The Committee and Staff worked over several months to create the Historic Preservation Ordinance, which is a based on the state model ordinance. The Ordinance establishes the criteria and process for how a property may be designated as historic. The language and structure of the Ordinance is established by the Georgia Historic Preservation Act and regulated by the Georgia Historic Preservation Division. Once this Historic Preservation Ordinance is City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 adopted, a local Historic Preservation Commission may be created by the Mayor and City Council. The Historic Preservation Committee recommended including Prior Use Recognition which was not included in the state model ordinance. The purpose of the Prior Use Recognition is to increase the potential for a historic property in the AG-1 zoning district that previously had a non-residential use, provided the historic structure was lawful during its prior operation. The Planning Commission recommended the deletion of the Prior Use Designation. In addition, there are no historic districts in the Ordinance as recommended by the Planning Commission. The Ordinance includes penalty provisions in Section VII in lieu of amending Article 29 of the Zoning Ordinance. The Ordinance will alter the authority of the existing Design Review Board in the following manner: 1) Apply new historical design guidelines to ALL contributory structures including single-family residential. 2) Place authority to regulate contributory structures under jurisdiction of HPC which will be comprised of experts and enthusiasts. 3) The DRB will continue to review plans for non-residential development of non-contributory structures in the Overlay Districts. When the Historic Preservation Ordinance is adopted, the next step is for the Historic Preservation Commission (HPC) to be appointed by the Mayor and City Council. Once the HPC is created, they would develop the Historic District Design Guidelines; conduct a public hearing for comments on the design guidelines, Mayor and City Council approves the Design Guidelines and at that time HPC would begin the process of nominating and designating properties. The Planning Commission recommended that one member of the DRB be selected by the DRB to serve as one of the three ex-officio members of the Historic Preservation Commission (HPC). It was the Planning Commission’s opinion that by having a DRB member involved it will provide additional support to the HPC. Alternatives: The Mayor and City Council may choose to approve, modify, deny or defer the Text Amendment to add Article 13, “Historic Preservation” of the City of Milton Zoning Ordinance. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO CREATE ARTICLE 13 OF THE CITY OF MILTON ZONING ORDINANCE; TO ESTABLISH AN HISTORIC PRESREVATION COMMISSION IN THE CITY OF MILTON TO PROVIDE FOR DESIGNATION OF HISTORIC PROPERTIES; TO PROVIDE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; TO PROVIDE FOR AN APPEALS PROCEDURE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, in 2007, a passionate group of residents presented to the Community Development Department a draft ordinance for the creation of a Historic Preservation Commission to help preserve the sites catalogued by the Georgia Department of Natural Resources and Fulton County in 1996; and WHEREAS, since that time, the Mayor and City Council established the Historic Preservation Committee in December of 2008 to develop an ordinance along with Staff to preserve Milton’s historic resources; and WHEREAS, the Historic Preservation Committee worked alongside the City of Milton Planning Commission and Staff to present the Historic Preservation Ordinance to the Mayor and City of Council to be adopted into the City of Milton Zoning Ordinance as Article 13. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 21st, 2009 at 6:00 p.m. as follows: SECTION 1. In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people, and; SECTION 2. In order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; In order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law, and; SECTION 3. In order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same, and; SECTION 4. The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for use in providing for the identification, protection, enhancement, perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the provisions of the Ordinance. SECTION 5. In the event the provisions of this Ordinance are in conflict with the provisions of any other City of Milton Ordinance, the provisions of this Ordinance shall prevail. SECTION 6. That this Ordinance will be known as “Historic Preservation” Article 13 of the City of Milton Zoning Ordinance hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 7. This Ordinance is effective December 21, 2009; ORDAINED this the 21st day of December, 2009 ______________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette Marchiafava, City Clerk (Seal) 1 RZ09-04 – Mayor and City Council December 21, 2009 ARTICLE 13ARTICLE 13ARTICLE 13ARTICLE 13 HISTORIC PRESERVATION HISTORIC PRESERVATION HISTORIC PRESERVATION HISTORIC PRESERVATION Section I Purpose In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; In order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; In order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and In order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for use in providing for the identification, protection, enhancement, perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the provisions of the Ordinance. Section II Definitions A. “Application for Designation” – A formal request in writing in a form specified by the Historic Preservation Commission that the Historic Preservation Commission consider a property for possible designation as a historic property. B. “Building” - Any structure with a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. C. “Certificate of Appropriateness” – A document evidencing approval by the Historic Preservation Commission of an application to make a material change in the appearance of a designated historic property. D. “Designation” – A decision by the City of Milton to designate a property as a “historic property” and thereafter prohibit all material change in appearance of such property prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission of the City of Milton. 2 RZ09-04 – Mayor and City Council December 21, 2009 E. “Exterior Architectural Features” – The architectural style, general design, and general arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs, and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing. F. “Exterior Environmental Features” – All aspects of the landscape or the development of a site which affect the historical character of the property. G. “Historic Property” – An individual building, structure, site, or object designated by the Milton City Council as a Historic Property pursuant to the criteria established in Section IV B 1. of this Ordinance. H. “Material Change in Appearance” – A change that will affect the exterior architectural or environmental features of any building, structure, site, object, or landscape feature such as: 1. A reconstruction or alteration of the size, shape, or façade of a historic property, including but not limited to, relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; 2. Demolition or relocation of a historic structure; 3. Commencement of excavation for construction or renovation purposes as well as the destruction or alteration of any landscape features; 4. A change in the location or removal of advertising ; or 5. The erection, alteration, restoration, or removal of any building or structure including, but not limited to, walls, fences, steps and pavements, or other appurtenant features. I. “Object” – A material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. J. “Site” – The location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished where the location itself maintains historical or archeological value regardless of the value of any existing structure. K. “Structure” – A work made up of interdependent and inter-related parts in a definite pattern of organization. A work constructed by man, it may be large or small in scale. 3 RZ09-04 – Mayor and City Council December 21, 2009 Section III Creation of a Historic Preservation Commission A. Creation of the Historic Preservation Commission. There is hereby created a commission whose title shall be “Milton Historic Preservation Commission” (hereinafter (“HPC”). B. HPC Members: Numbers, Appointment, Terms, and Compensation. The HPC shall consist of seven (7) members appointed by the Mayor and City Council with each appointing one member whose term will be concurrent with the appointing Council member’s term. All members shall be residents of the City of Milton and shall be persons who have demonstrated special interest, experience, or education in history, architectural history, or the preservation of historic resources. Each appointee shall reside anywhere within the city and not be bound to a Councilperson’s respective council district. In addition, two (2) ex-officio members may be recommended by the HPC and, if ratified by the City Council, would thereafter serve at the discretion of the HPC. These ex-officio members do not need to own property in the city limits, and do not need to be residents of the City of Milton, but have expressed interest in the surrounding communities and are regarded as valuable sources of information by consensus of the official members of the HPC. An additional ex-officio member of the HPC shall be a member of the City Design Review Board and shall be appointed to the HPC by the City Design Review Board. Ex-officio members of the HPC shall not have voting rights, shall not hold office in the HPC, and shall not be counted for the purpose of determining whether a quorum of HPC members exists at any HPC meeting. To the extent available in the City of Milton, at least one (1) HPC member shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. HPC members and ex-officio members shall serve terms as appointed by the Mayor and City Council. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior-approval of the Milton City Council. C. Statement of the HPC’s Powers. The HPC shall be authorized to: 1. Prepare and maintain an inventory of all property within the City of Milton having the potential for designation as historic property; 2. Recommend to the Milton City Council specific sites, buildings, structures, or objects to be designated by ordinance as a historic property; 4 RZ09-04 – Mayor and City Council December 21, 2009 3. Review applications for Certificates of Appropriateness, and grant or deny same in accordance with the provisions of this Ordinance; 4. Recommend to the Milton City Council that the designation of any site, building, structure, or object as a historic property be revoked or removed; 5. Restore or preserve any historic properties acquired by the City of Milton; 6. Encourage the acquisition by the City of Milton of façade easements and conservation easements as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. § 44-10.1 through 5); 7. Conduct educational programs on historic properties located within the City of Milton and on general historic preservation activities; 8. Make such investigations and studies of matters relating to historic preservation, including consultation with historic preservation experts, as the Milton City Council or the HPC itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; 9. Seek local, state, federal, or private funds for historic preservation, and make recommendations to the Milton City Council concerning the most appropriate use of any funds acquired; 10. Submit to the Historic Preservation Division of the Georgia Department of Natural Resources a list of historic properties designated; 11. Perform historic preservation activities as the official agency of the Milton historic preservation program; 12. Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties provided such acceptance does not violate the City of Milton Code of Ethics and the Mayor and City Council have previously consented to do so; 13. Review and make comments to the Historic Preservation Division of the Georgia Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; 14. Participate in private, state, and federal historic preservation programs and, with the consent of the Milton City Council, enter into agreements to do the same; and 15. Recommend to the Milton City Council such sites, buildings, structures, or objects that shall be considered a “Historical Site of Interest” and by Milton 5 RZ09-04 – Mayor and City Council December 21, 2009 City Council resolution shall adopt such designation. The Milton City Council will provide and appropriate historical marker to be displayed at the designated site. D. HPC’s Power to Adopt Rules and Standards. The HPC shall adopt rules and standards for the transaction of business and for consideration of applications for designations and Certificates of Appropriateness, such as By-Laws not inconsistent with this Ordinance. The HPC shall have the flexibility to adopt such rules and standards without amendment to this Ordinance. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of these members. All rules shall be approved by the Milton City Council before going into use. E. Conflict of Interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia statutes and in the City of Milton Charter. F. HPC’s Authority to Receive Funding from Various Sources. The HPC shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds. G. Records of HPC Meetings. A public record shall be kept of the HPC’s resolutions, proceedings, and actions. Reports to the Milton City Council will also be made on a regular and timely basis. Section IV Recommendation and Designation of Historic Properties A. Preliminary Research by HPC. 1. HPC’s Mandate to Conduct a Survey of Local Historical Resources: The HPC shall compile and collect information of historic resources with the City of Milton. Records shall be stored in the City of Milton storage area. 2. HPC’s Power to Recommend Properties to the Milton City Council for Designation: The HPC shall present to the Milton City Council recommendations for historic properties. 3. HPC’s Documentation of Proposed Designation: Prior to the HPC’s recommendation of a historic property to the Milton City Council for designation, the HPC shall prepare a Report for Nomination consisting of: a. A detailed physical description of the proposed historic property; 6 RZ09-04 – Mayor and City Council December 21, 2009 b. A statement of the historical, cultural, architectural, and/or aesthetic significance of the proposed historic property; c. A map showing boundaries of individual historic properties; d. A statement justifying individual boundaries; and e. Representative photographs. B. Designation of Historic Property. 1. Criteria for Selection of Historic Properties: An individual building, structure, site, or object deemed worthy of preservation by reason of value to the Nation, the State of Georgia, or the City of Milton for the following reasons: a. It is an outstanding example of a structure representative of its era; or b. It is one of the few remaining examples of a past architectural style or type over fifty (50) years old; or c. It is a place or structure associated with an event or persons of historic or cultural significance to the City of Milton, State of Georgia, or the region; or d. It is the site of natural, archeological, or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state, or region. 2. No building, structure, site or object shall be eligible to be designated as a Historic Property unless it existed on the same property since the incorporation of the City of Milton. C. Requirement for Adopting an Ordinance for the Designation of Historic Properties. 1. Application for Designation of Historic Properties: a. Designations may be proposed by an individual property owner, the Milton City Council, the HPC or a historical society, neighborhood association, or group of the owners of particular historic properties; b. An application from any group seeking designation for a property that does not include the property owner must include a sworn affidavit that the property owner consents to the application for such designation. 2. Required Components of a Designation Ordinance: Any ordinance designating any property as historic shall: a. describe each proposed individual historic property; 7 RZ09-04 – Mayor and City Council December 21, 2009 b. set forth the name(s) of the owner(s) of the designated property or properties; c. require that a Certificate of Appropriateness be obtained from the HPC prior to any material change in appearance of the designated property; and d. require that the property be shown on the Official Zoning Map of the City of Milton, Georgia and kept as a public record to provide notice of such designation. 3. Require Public Hearings: The HPC and the Milton City Council shall hold a public hearing on any proposed ordinance for the designation of any historic property. Notice of the hearing shall be published in at least three (3) issues of the principal newspaper of local circulation, and written notice of the hearing shall be mailed not less than ten (10) or more than twenty (20) days prior to the date set for the public hearing. A notice sent via the United States mail to the last-known owner of the property shown on the City of Milton tax digest and a notice sent via attention of the occupant shall constitute legal notification to the owner and occupant under this ordinance. 4. Notification of Historic Preservation Division: No less than thirty (30) days prior to making a recommendation on any ordinance designating a property as historic, the HPC must submit the report, required in Section IV A 3, to the Historic Preservation Division of the Department of Natural Resources. 5. Recommendations on Proposed Designations: A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the HPC within fifteen (15) days following the Public Hearing and shall be in the form of a resolution to the Milton City Council. 6. Milton City Council Action on the HPC’s Recommendation: Following receipt of the HPC recommendation, the Milton City Council may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance. 7. Notification of Adoption of Ordinance for Designation: Within thirty (30) days following the adoption of the Ordinance for designation by the Milton City Council, the owners and occupants of each designated historic property shall be given written notification of such designation by the Milton City Council, which notice shall apprise said owners and occupants of the necessity of obtaining a Certificate of Appropriateness prior to undertaking any material change in appearance of the historic property designated. A notice sent via the United States mail to the last-known owner of the property shown on the City of Milton tax digest and a notice sent via United States mail to the address of the property to the attention 8 RZ09-04 – Mayor and City Council December 21, 2009 of the occupant shall constitute legal notification to the owner and occupant under this ordinance. 8. Notification of Other Agencies Regarding Designation: The HPC shall notify all necessary agencies within the City of Milton of the ordinance designation. 9. Moratorium on Applications for Alteration or Demolition While Ordinance for Designation is pending: If an ordinance for designation is being considered, the HPC shall notify the permitting division of the Community Development Department. No permit of any kind shall be issued for work which would constitute a material change in the appearance of a structure, site, or landscaping within the designated area until the proposed Ordinance is enacted or rejected by the City Council. The HPC must propose an Ordinance of designation to the City Council no more than 60 days after the permitting division denies a building permit based on the moratorium. Section V Application to HPC for Certificate of Appropriateness A. Approval of Material Change in Appearance Involving Historic Properties. After the designation by ordinance of a historic property, no material change in the appearance of such historic property, building, structure, site or object shall be made or be permitted to be made by the owner or occupant thereof unless or until the application for a Certificate of Appropriateness has been submitted to and approved by the HPC. A Building Permit shall not be issued without a Certificate of Appropriateness. B. Submission of Plans to HPC. An Application for a Certificate of Appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the HPC. C. Interior Alterations. In its review of applications for Certificates of Appropriateness the HPC shall not consider interior arrangement or use having no effect on exterior architectural features. D. Technical Advice. The HPC shall have the power to seek technical advice from outside its members on any application. E. Public Hearings on Applications for Certificates of Appropriateness, Notices, and Right to be Heard. 9 RZ09-04 – Mayor and City Council December 21, 2009 The HPC shall hold a public hearing at which time each proposed Certificate of Appropriateness is discussed. Notice of the hearing shall be published in the principal newspaper of local circulation in the City and written notice of the hearing shall be made by the HPC to all owners and occupants of the subject property. The written and published notice shall be provided in the same manner and time frame as notices are provided before a Public Hearing for Rezoning. The HPC shall give the property owner and/or applicant an opportunity to be heard at the Certificate of Appropriateness hearing. F. Acceptable HPC Reaction to the Applications for Certificates of Appropriateness. HPC Action: The HPC may (i) approve the application for a Certificate of Appropriateness as proposed; or (ii) reject it. The HPC shall approve the application and issue a Certificate of Appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property. In making this determination, the HPC shall consider, in addition to any other pertinent factors, the following criteria/acts: 1. For a Certificate of Appropriateness in the case of Reconstruction, Alteration, New Construction or Renovation: The HPC shall consider whether the proposed actions conform in design, scale, building material, setback and site features and to the United States Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 2. A Certificate of Appropriateness in the case of Relocation of a building, structure, or object shall be guided by: a. The historic character and aesthetic interest of the building, structure, or object as it contributes to its present setting; b. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; c. Whether the building, structure, or object can be moved without significant damage to its physical integrity; d. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site, or object. 3. In the case of Demolition: 10 RZ09-04 – Mayor and City Council December 21, 2009 A decision by the HPC approving or denying a Certificate of Appropriateness for the demolition of buildings, structures, sites, or objects shall be guided by: a. The historic, scenic, or architectural significance of the building, structure, site, or object; b. The importance of the building, structure, site, or object to the ambiance of the area; c. The difficulty or impossibility of reproducing such a building, structure, site, or object because of its design, texture, material, detail, or unique location; d. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the city; e. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; f. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse; g. Whether the building, structure, site, or object is capable of earning reasonable economic return on its value. G. Deadline for Approval or Rejection of Application for Certificate of Appropriateness. 1. The HPC shall approve or reject an application for a Certificate of Appropriateness within sixty (60) days after the filing thereof by the owner or occupant of a historic property, building, structure or site. Evidence of approval shall be by a Certificate of Appropriateness issued by the HPC. Notice of the issuance or denial of a Certificate of Appropriateness shall be sent by United States certified mail to the applicant and all other persons who have requested such notice in writing filed with the HPC. 2. Should the HPC fail to approve or reject an Application for Certificate of Appropriateness within said sixty (60) days the application for will be sent to the Milton City Council for a vote without comment by the HPC. H. Necessary Action to be Taken by HPC upon Rejection of Application for Certificate of Appropriateness. 1. In the event the HPC rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The HPC may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant may make modifications to the plans and may resubmit the application at any time after making said modifications. 11 RZ09-04 – Mayor and City Council December 21, 2009 2. In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a Certificate of Appropriateness by the HPC shall be binding upon the building official or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued. I. Requirement of Conformance with Certificate of Appropriateness. 1. All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the HPC may request that the City obtain a cease and desist order from the Superior Court of Fulton County and all work shall cease. 2. The Milton City Council may, of its own initiative or at the request of the HPC, initiate any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property, except those changes made in compliance with the provisions of this ordinance or to prevent any illegal act or conduct with respect to such historic property. J. Certificate of Appropriateness Void if Construction not Commenced. 1. A Certificate of Appropriateness shall become void unless construction has commenced within six (6) months of date of issuance. 2. A Certificate of Appropriateness shall be issued for a period of eighteen (18) months, after which time it shall become void unless renewed. 3. If construction has not been completed within 18 months, the applicant may apply to renew the Certificate of Appropriateness. The renewal process shall be identical to the initial Certificate of Appropriateness procedure. K. Recording an Application for Certificate of Appropriateness. The HPC shall keep a public record of all applications for Certificate of Appropriateness, and of all the HPC’s proceedings in connection with said application. These records shall be maintained at City Hall. L. Acquisition of Property. The HPC may, where such action is authorized by the Milton City Council and is reasonably necessary or appropriate for the preservation of a historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein. M. Appeals. Any person adversely affected by any determination made by the HPC relative to the issuance or denial of a Certificate of Appropriateness may appeal such determination to the Milton City Council. Any such appeal must be filed with the 12 RZ09-04 – Mayor and City Council December 21, 2009 Milton City Council within fifteen (15) days after the issuance of the determination pursuant to Section V. G 1 of this Ordinance. The Milton City Council may approve, modify, or reject the determination made by the HPC. Appeals from decisions of the Milton City Council may be taken to the Superior Court of Fulton County in the manner provided by law for appeals from conviction for the City of Milton ordinance violations. Section VI Maintenance of Historic Properties and Building and Zoning Code Provision A. Ordinary Maintenance or Repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a Certificate of Appropriateness. B. Failure to Provide Ordinary Maintenance or Repair. Property owners of historic properties shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The HPC shall be charged with the following responsibilities regarding deterioration by neglect: 1. The HPC shall monitor the condition of historic properties to determine if they are being allowed to deteriorate by-neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, and the deterioration of a building’s structural system shall constitute failure to provide ordinary maintenance or repair. 2. In the event the HPC determines a failure to provide ordinary maintenance or repair, the HPC will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have thirty (30) days in which to do this. A building permit may be required. 3. In the event that the condition is not remedied in thirty (30) days, the owner shall be punished as provided in Section VII of this Ordinance and, at the direction of the Milton City Council; the HPC may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the HPC. C. Affirmation of Existing Building and Zoning Codes. Nothing in this Ordinance shall be construed as to exempt property owners from complying with existing City or County building and zoning codes. 13 RZ09-04 – Mayor and City Council December 21, 2009 Section VII Penalty Provisions Violation of this Ordinance by any person, firm, corporation or other entity constitutes an offense. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this ordinance: A. The same penalties as set forth in the Zoning Ordinance of the City for all violations of requirements set forth in the said Zoning Ordinance; or B. The penalties set forth in Chapter 12 of the Code of Ordinances of the City for non-zoning violations. C. Restrictions on future development. If a historic property is demolished or relocated without a Certificate of Appropriateness, or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the HPC, then the following restrictions, in addition to any other penalties or remedies set forth in this ordinance, shall be applicable to the site where the structure or property was formerly located: 1. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a Certificate of Appropriateness, for a period of five (5) years after the date of such demolition or removal. 2. No permits shall be issued by the City for any curb cuts on the site for a period of five (5) years from and after the date of such demolition or removal. 3. No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five (5) years from and after the date of such demolition and removal. 4. The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the Real Property Records of Fulton County and such restrictions shall then be binding on future owners of the property. D. Civil Action. As an additional remedy in addition to the penalties stated above, the City Attorney for the City of Milton or his or her designee shall have the power to take all necessary civil action to enforce the provisions hereof and to request appropriate legal or equitable remedies or relief. 14 RZ09-04 – Mayor and City Council December 21, 2009 Section VIII Severability In the event that any section, subsection, sentence, clause, or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Section IX Repealer In the event the provisions of this Ordinance are in conflict with the provisions of any other City of Milton Ordinance, the provisions of this Ordinance shall prevail. Page 1 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 PETITION NUMBER(S): ZM09-04/VC09-04 PROPERTY INFORMATION ADDRESS Northeast Corner of Hwy 9 and Bethany Bend DISTRICT, LAND LOT 2/2, 831 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 (Community Business) Z06-096/VC06-142 ACRES 6.013 EXISTING USE CVS Drug Store and undeveloped land PROPOSED USE Urgent Care Center – 4,730 square feet OWNER Eric Liu ADDRESS PO Box 28591 Atlanta, GA 30358 APPLICANT Dr. David Smith ADDRESS 7060 Polo Drive Cumming, GA 30040 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM09-04 AND VC09-04 – APPROVAL CONDITIONAL INTENT To revise condition 2.a. from the site plan received by the Fulton County Department of Environment and Community Development on November 8, 2006 to the site plan received by the City of Milton Community Development Department on November 3, 2009. The applicant is also requesting a concurrent variance to delete the 10-foot landscape strip along the newly formed north property line to allow the required parking aisle width (Article 12G.4.A.2). Page 2 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 LOCATION MAP Page 3 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 REVISED SITE PLAN RECEIVED DECEMBER 9, 2009 Page 4 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 SITE PLAN SUBMITTED NOVEMBER 3, 2009 Page 5 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 SITE PLAN APPROVED NOVEMBER 15, 2006 Page 6 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 Approximate location of proposed building looking from Hwy 9 Approximate location of building looking south Page 7 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 View of drive aisle and existing 5-foot landscape Island. Page 8 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 View from proposed new building north to CVS Analysis and Recommendations The subject site contains 6.013 acres and is partially developed. Pursuant to Z06- 096 the site is approved for a total of 34,282 square feet or 5,690.91 square feet per acre. The northern portion of the site is developed with a 13,013 square foot CVS Drug Store on approximately 2.76 acres. The site for the proposed 4,730 square foot urgent care facility is 0.76 acre in size. The remainder of the site is 2.48 acres, to be developed in the future with a 12,579 square foot, one story retail building. COMMUNITY ZONING INFORMATION MEETING – DECEMBER 2, 2009 There was no one in attendance from the community at this meeting. DESIGN REVIEW BOARD MEETING – DECEMBER 1, 2009 Below are the comments made by the DRB as a courtesy review: Page 9 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 • Replace entire amount of space required by the 5 foot landscape strips somewhere on site. Possibly reduce parking in front of the building, and expand landscape islands. Preference is to eliminate parking between the building and Highway 9. • Possibly share parking with CVS. • Bury dumpster deeper on site. • Board supports the elimination of the northern landscape strip, but they want that area to be compensated for somewhere on site. • Site will be more efficient if parking is located around the edges of the property. • Explore redesigning site—shift building to north, make layout more efficient. Instead of entrance drive curving around into front drive aisle; consider keeping drive straight so that it dumps into the side drive aisle. • If portico is not primary entrance, the applicant should explore locating to the rear of building EXISTING Condition 2a. To the site plan received by the Fulton County Department of Environment and Community Development on November 8, 2006. PROPOSED Condition 2a. To the revised site plan received by the City of Milton Community Development Department on November 3, 2009. The applicant is requesting a modification to the site plan to allow a 4,730 square foot urgent care facility on 0.76 acre, which will be subdivided out of the 6 acres. The approved site plan pursuant to Z06-96 contemplated a drugstore (12,900 square feet) and a strip retail center consisting of 20,717 square feet for a total of 33,617 square feet, although the zoning was approved for a total of 34,282 square feet. The existing CVS drugstore is 13,013 square feet in size leaving approximately 21,269 square feet of building space for the remainder of the 6 acre site. The proposed urgent care center is 4,730 square feet. Staff requested the applicant submit a site plan that addresses the remainder of the property south of the proposed urgent care center. The revised site plan submitted on December 9, 2009 indicates a future one story retail building with a total 12,579 square feet. The plan provides 72 parking spaces which exceeds the required spaces for retail by 9 spaces. Staff notes that if a restaurant is developed within this building which requires 10 spaces per 1,000 feet, the minimum number of parking would not be met. Page 10 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 The parking requirement for a medical office is 4 spaces per 1,000 feet. The proposed building requires a minimum of 19 spaces. The site plan indicates a total of 24 spaces which exceeds the minimum requirement by 5 spaces. Side and rear setbacks from the property line are determined by the required landscape strip (5 foot) or undisturbed buffer. The applicant is requesting a concurrent variance to the landscape strip along the new north property line which will be discussed below. The front building setback is 40 feet and the site plan shows compliance with this requirement. The submitted site plan indicates a 20 foot landscape strip adjacent to Hwy 9 which already exists. In addition, the south property line requires a 5 foot landscape strip. Any future development to the south will be required to provide a 5 foot landscape strip for a total of 10 feet adjacent to the urgent care property. The site plan indicates a 10-foot landscape strip along the east property line adjacent to the existing access driveway. The site is developed with adequate detention/retention facilities as well as water quality for the approved future development of the 6.013 acre parcel. The site plan indicates the dumpster enclosure in the southeast corner of the new lot. The Design Review Board asked that it be relocated to the northeast corner of the lot so that it would be hidden behind the proposed building. The applicant has stated that the dumpster can’t be located there because there is not heavy duty pavement on the drive aisle along the north property line to service the garbage trucks. Pursuant to Z06-96, all buildings developed on the site are required to be consistent in style and materials with the CVS elevations submitted to the Fulton County Department of Environment and Community Development on November 11, 2006. This condition will be included in the Recommended Conditions if the Mayor and City Council approve this request. The applicant intends to comply with this condition. Prior to an issuance of the building permit, the Design Review Board is required to review the building to ensure compliance with this condition and the State Route 9 Overlay District Standards. Based on the applicant’s revised site plan submitted on December 9, 2009, Staff recommends APPROVAL CONDITIONAL of ZM09-04. VC09-04 - To delete the 10-foot landscape strip along the newly formed north property line to allow the required parking aisle width Article (12G.4.A.2) Page 11 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 The property line adjacent to the CVS bi-sects the existing 24 foot drive aisle. A 10 foot landscape strip is required per Article 12G.4.A.2. The site plan indicates a 10 foot landscape strip south of the existing drive aisle. This area does not contain any parking or other accessory structures. It appears that by providing the required landscape strip at this location, the request does not offend the spirit or intent of the Ordinance. In addition, based on the fact that there is an existing property line on the north portion of the .76 acre tract with a required drive aisle, it will create an unnecessary hardship due to extraordinary and exceptional situations and conditions not caused by the variance applicant. The revised site plan, if developed, would not cause a substantial detriment to the public good and surrounding properties and that the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC09-04. Page 12 of 12 Prepared by the Community Development Department for the Mayor and City Council Meeting December 21, 2009 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (Z06-096) should be revised to read as follows: 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the City of Milton Community Development Department on December 9, 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 Land Disturbance Permit. The applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM09-04) 3. To the owner’s agreement to abide by the following traffic requirements, dedications and improvements: i. All buildings shall be consistent in style and materials with the CVS elevations submitted to the Department of Environment and Community Development on November 11, 2006. j. To delete the 10-foot landscape strip along the newly formed north property line to allow the required parking aisle width and to provide the 10 foot landscape strip off the existing 24 foot drive aisle as depicted on the revised site plan submitted December 9, 2009. (VC09-04) City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Interim Community Development Director Date: December 8, 2009 Agenda Item: Addendum to current (2006) City of Milton Tree Preservation Ordinance and Administrative Guidelines Section VI (Violations) and Section IX (Notice of Violation to be approved at the December 21, 2009 Council Meeting (First Reading December 7, 2009) ______________________________________________________________________ Recommendation: To approve the addendum to the (2006) City of Milton Tree Preservation Ordinance and Administrative Guidelines to provide additional protection to City owned trees, and in doing so would allow the City of Milton to be eligible for the designation as a Tree City USA® by December 31, 2009. Background: The Tree City USA® is a program, sponsored by the Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters which bestows communities with Tree City USA® designation upon meeting certain criteria. The Tree City USA® program is designed to recognize those communities that effectively manage their public resources, and to encourage community tree management. Tree City USA® designation brings the City national recognition as a greener community and identifies the City as one that cares about its trees and the overall quality of life of its residents. The program also provides direction, technical assistance, grant award options, public awareness and education; and will provide further resources which can help to improve the City’s systematic management of its tree resources. There are 3,310 communities in the United States that are currently a Tree City USA®, with 125 Tree Cities in Georgia including Alpharetta, Roswell, and Canton. The City of Milton has applied for Tree City USA designation and must show that it meets all the criteria by December 31, 2009. Discusssion: There are four standards required to qualify Milton for Tree City USA® recognition. 1. A Tree Board or Department 2. A Tree Care Ordinance 3. A Community Forestry Program With an Annual Budget of at Least $2 Per Capita 4. An Arbor Day Observance and Proclamation The City of Milton has met almost all the requirements. According to the criteria, Tree Cities must include in its Ordinance: specific protection of city owned trees and penalties for violation of such. To satisfy this requirement, the following additions to the current (2006) City of Milton Tree Preservation Ordinance and Administrative Guidelines are needed for: (i) section VI (Violations) and (ii) section IX (Notice of Violation): (i) Section VI (Violations) will include a subsection F. VI. Violations Citations for any of the following violations, by authorized City enforcement agent(s) may constitute issuance of an immediate stop work order. A. Land disturbance and/or tree removal within state water, tributary, or zoning buffer(s) . B. Land disturbance and/or tree removal within tree save area(s). C. Illegal removal or disturbance of specimen tree, heritage tree or stand of trees. D. Improper installation of tree fencing. E. Other violations of any provision(s) of this Ordinance or the Administrative Guidelines established pursuant thereto, including Appendices. F. All trees growing on public property, parks, grounds and rights of way are protected and any person or entity causing their damage or removal is subject to the penalties set forth in Section IX. (ii) Section IX (Notice of Violation) will include a subsection E. IX. Notice of Violation A. If, through inspection, it is determined that a person, firm, or corporation has 1.) engaged in land disturbing or other activities, which have resulted in the removal of trees; or 2.) failed to comply with the terms and conditions of a validly issued permit, then a written notice of violation shall be served upon the property owner or the agent of record. B. Where a person, firm, or corporation has engaged in land disturbing or tree removal activities without having first secured a permit therefore in violation of this Ordinance and Administrative Guidelines, notices under the provisions of this section may be served upon the person in charge or any person representing the person in charge on the site. All construction and land disturbance activity shall be discontinued until the necessary measures to achieve compliance have been fulfilled. C. The notice shall set forth the measures necessary to achieve compliance with the permit and shall state the time within which such measures must be completed. D. If the person, firm, or corporation engaged in land disturbing activity fails to comply within the time specified, he/she shall be subject to citation for violation of this Ordinance and Administrative Guidelines. E. If a person damages, destroys, or fails to protect a city tree, the city may require the person responsible for the damage to pay a fine equal to the appraised value of the tree, the cost of repairing the damage, and/or the cost of restoring the site to its original conditions or as near as possible to its original condition. Alternatives: There are no other alternatives. Concurrent Review: Chis Lagerbloom, City Manager Mark Law, City Arborist STATE OF GEORGIA COUNTY OF FULTON ORDINANCE# AN ORDINANCE TO AMEND THE CITY OF MILTON TREE PRESERVATION ORDINANCE AND ADMINISTRATIVE GUIDELINES WHEREAS, the City of Milton and its community value the trees present in our city; and WHEREAS, participation in the Tree City USA® program will help preserve Milton’s tree canopy and bring the preservation of trees to the attention of the community; and WHEREAS, the Tree City USA® program requires that the City’s ordinances provide for the protection of trees on City owned property. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 21, at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending the City of Milton Tree Preservation Ordinance and Administrative Guidelines as it pertains to provide additional protection to City owned trees, and in doing so would allow the City of Milton to be eligible for the designation as a Tree City USA® by December 31, 2009, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of December, 2009 __________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette Marchiafava, City Clerk (Seal) AMENDMENT TO THE CITY OF MILTON TREE PRESERVATION ORDINANCE AND ADMINISTRATIVE GUIDELINES VI. Violations Citations for any of the following violations, by authorized City enforcement agent(s) may constitute issuance of an immediate stop work order. A. Land disturbance and/or tree removal within state water, tributary, or zoning buffer(s) . B. Land disturbance and/or tree removal within tree save area(s). C. Illegal removal or disturbance of specimen tree, heritage tree or stand of trees. D. Improper installation of tree fencing. E. Other violations of any provision(s) of this Ordinance or the Administrative Guidelines established pursuant thereto, including Appendices. F. All trees growing on public property, parks, grounds and rights of way are protected and any person or entity causing their damage or removal is subject to the penalties set forth in Section IX. IX. Notice of Violation A. If, through inspection, it is determined that a person, firm, or corporation has 1.) engaged in land disturbing or other activities, which have resulted in the removal of trees; or 2.) failed to comply with the terms and conditions of a validly issued permit, then a written notice of violation shall be served upon the property owner or the agent of record. B. Where a person, firm, or corporation has engaged in land disturbing or tree removal activities without having first secured a permit therefore in violation of this Ordinance and Administrative Guidelines, notices under the provisions of this section may be served upon the person in charge or any person representing the person in charge on the site. All construction and land disturbance activity shall be discontinued until the necessary measures to achieve compliance have been fulfilled. C. The notice shall set forth the measures necessary to achieve compliance with the permit and shall state the time within which such measures must be completed. D. If the person, firm, or corporation engaged in land disturbing activity fails to comply within the time specified, he/she shall be subject to citation for violation of this Ordinance and Administrative Guidelines. E. If a person damages, destroys, or fails to protect a city tree, the city may require the person responsible for the damage to pay a fine equal to the appraised value of the tree, the cost of repairing the damage, and/or the cost of restoring the site to its original conditions or as near as possible to its original condition. ORDINANCE NO. 09- STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MILTON, GEORGIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. : The Council of the City of Milton hereby Ordains while in regular session on the _____day of December, 2009 at 6:00 p.m. as follows: Section 1. The Code entitled "The Code of Ordinances of the City of Milton, Georgia," published by Municipal Code Corporation, consisting of chapters 1 through 64, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before June 15, 2009, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by fines or incarceration, or both, in the maximum amounts permitted by state law. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after June 15, 2009 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective _______________________. Passed and adopted by the ___________ this day of December 2009. ___________________________________ Joe Lockwood, Mayor ATTEST: ____________________________________ Jeanette R. Marchiafava, City Clerk 1st Reading: 2nd Reading: Certificate of Adoption I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the City Council, held on the day of December,2009. _________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Community Development Director Date: December 1, 2009 for Submission onto the December 21, 2009 City Council Meeting Agenda Item: A Resolution adopting the Partial Plan Update of the City of Milton 2008-2028 Comprehensive Plan COM (City Manager’s Office) Recommendation: To approve the attached resolution seeking approval of the Partial Plan Update of the City of Milton Comprehensive Plan. Background: The preparation of the City’s first Comprehensive Plan was initiated in 2007. Utilizing the new Georgia Standards and Procedures for Local Comprehensive Planning, both the Community Participation Program (CPP) and the Community Assessment portions of the Plan are completed. The state planning regulation requires three basic sections of the Comprehensive Plan: 1. Community Assessment; 2. Community Participation Plan; and 3. Community Agenda There is also the opportunity to prepare a Partial Plan Update which serves as a bridge between the documents that were created under the previous state planning regulations and those to be prepared under the current regulations. The Partial Plan Update is a combination of the Community Assessment and several sections of the Community Agenda. In a letter dated May 28, 2008, ARC and DCA agreed that the Community Assessment and the Community Participation Program were developed in accordance with the state regulations and authorized the City of Milton to proceed with the final phase of the plan which is the Community Agenda. While proceeding with the development of the Community Agenda, it was discovered that the deadline for submittal of the plan was November 30, 2008 instead of November 30, 2011. To address the issue of the approaching deadline, DCA and ARC directed the City to complete a Partial Plan Update. It was also felt by DCA and ARC that a Partial Update was in the best interest of better regional coordination and inter-jurisdictional cooperation. Also, the Focus Fulton 2025 Plan was developed under the old planning regulations. Therefore, the Partial City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 Update serves as a “bridge” between the adopted Focus Fulton 2025 Plan and the new plan underway. On December 31, 2009, the City of Milton submitted the Partial Plan Update. In a letter dated February 12, 2009, the Partial Plan was determined to be in compliance with the state regulations. The Partial Plan Update must be adopted by the local government within twelve months of DCA and ARC approval, therefore, the City of Milton must adopt its Partial Plan Update on or before February 12, 2010. Discussion: It is also important to note that the approval of the Partial Plan Update will replace the Focus Fulton 2025 Plan which the City adopted as an interim plan in 2006. Focus Fulton 2025 was developed under the old planning regulations. If this resolution is approved the Partial Plan Update will serve as the City’s Comprehensive Plan until the Community Agenda is completed, accepted and adopted. CPAC and Staff continue to work with the community-based involvement process toward the completion of the Community Agenda, the final phase for the City of Milton Comprehensive Plan initiative. In addition, the CPAC has reviewed the comments outlined in the compliance letter regarding the Partial Plan Update and will incorporate them in the Community Agenda. Concurrent Review: Chris Lagerbloom, City Manager CPAC Attachment: • ARC compliance letter dated February 12, 2009 – Partial Plan Update h hC ATLANTA REGIONAL COMMISSION PLANNING • LEADERSHIP • RESULTS February 12, 2009 Honorable roe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 RE: City of Milton Partial Plan Update Dear Mayor Lockwood: We are pleased to inform you that the Georgia Department of Community Affairs has determined that the Partial Plan Update for the City of Milton meets the Local Planning Requirements (letter attached). Please note that ARC has provided comments regarding the Partial Plan. You do not need to re -submit your Partial Plan for review, but we recommend that YOU consider these comments as you move forward with plan adoption. In order to meet the Local Planning Requirements, the County must adopt the plan and forward the adoption resolution to ARC. Furthermore, please provide ARC with a final copy of the adopted plan, in hard copy and digital copy (MS Word document), and digital copies of both the existing land use and future development maps (SSRI shapefile). Once the City has adopted the Partial Plan Update, you must publicize the availability of this plan for public information. This requirement may be met by providing notice in a local newspaper of general circulation identifying where a complete copy of the Community Agenda may be reviewed. I commend you and the City of Milton for your commitment to the comprehensive planning process. Please contact Ton Tuley at 404-463-3309 if you have any questions or if we can provide further assistance. Sincerely, C Charles Krautter Director CK -jt Enclosures: 2 c, Michele McIntosh -Ross, City of Milton 40 COURTLAN❑ STREET. NE, ATLANTA, GEORGIA 30303 404 463.3100 FAX 404 463.3 Toy WWW.ATLANTAREGIONAL-COM ARC REVIEW FINDINGS REPORT City of Milton — Partial Update According to the Department of Community Affairs Office of Planning and Quality Growth, the Atlanta Regional Commission (ARC) reviews Partial Updates of Local Comprehensive Plans for potential conflicts with neighboring jurisdictions, opportunities for interjurisdictionalfregional solutions to common issues, and consistency with the Regional Development Pian. In addition, ARC will compile and review comments received from other interested parties. Comments received from interested parties: See attached comments from the Georgia Department of Community Affairs and Gwinnett County. Conflicts with neighboring jurisdictions: There are no apparent conflicts with the City of Milton Comprehensive Plan Partial Update and pians of neighboring jurisdictions. Potential interjurisdictional/regional solutions: • There are several planning efforts recently completed or underway in North Fulton including the Blueprint North Fulton master plan and the North Fulton Comprehensive Transportation Plan (CTP). The city should stay involved in these and adapt the comprehensive plan as needed. • The City should continue to work with MARTA and other North Fulton cities to ensure transit service and transit amenities are available and efficient. The City should work with organizations such as PEDS to coordinate safe routes to school programs and PXrH or GeorgiaBikes for multiuse path connections. Consistency with the Regional Development Plan: ■ The City of Milton Comprehensive Plan Partial Update is largely consistent with the Regional Development Plan (RDP). ■ The plan states that the City is identified as Mega Corridor, Urban Neighborhood and Suburban Neighborhood on ARC's Unified Growth Policy Map (UGPM). According to the map, the city is only identified as Mega Corridor and Suburban Neighborhood. This should be corrected before the update is adopted Other Comments: ■ The Issues and Opportunities section should be revisited. While the sections discussing environmental preservation, mobility and economic development are fairly clear, the other sections are confusing and seem to repeat many of the same issues without explaining how they relate to the various issue categories. • Issues in the Issues and Opportunities section are meant to be challenges that the City is facing or will face over the life of the plan. Opportunities should be potential improvements to the City's current economic, social or physical state. As the plan is written now, many of the issues and opportunities are actually assets and liabilities respectively and should be revisited. • On pages A-2 through A-4, issues A, B and C are similar and confusing and should be combined or made more concise. Page A-7, section b, Development Patterns could include an opportunity stating that rural character can be preserved by focusing development in centers and major corridors. Atlanta Regional Commission 02/12/09 Page A-13, section (4), "No unix of housing..." should include an explanation of why this is important for the City. Page A-19, section (1), "Local interest in application..." needs to be simplified. It could read "Update of local zoning to include innovative design codes." There are several words cut off on page A-23. For further assistance with addressing these recommendations, please contact Jon Tuley at 404-463-3309. Atlanta Regional Commission 02/12/09 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 09- RESOLUTION ADOPTING THE PARTIAL PLAN UPDATE OF THE CITY OF MILTON 2008-2028 COMPREHENSIVE PLAN BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on December ____, 2009 at 6:00 p.m. as follows: WHEREAS, the City, established in 2006, currently operates under the Fulton County’s Focus Fulton 2025 Comprehensive Plan, originally adopted by the Fulton County Board of Commissioners in November 2005 and adopted by the City of Milton on November 1, 2006; and WHEREAS, the preparation of the City’s first Comprehensive Plan was initiated in 2007. Utilizing the new Standards and Procedures for Local Comprehensive Planning adopted by the Department of Community Affairs in 2005 as the underlying foundation the task of developing the first Comprehensive Plan; and WHEREAS, a 16-person Comprehensive Plan Advisory Committee (CPAC) was appointed by Mayor and City Council to facilitate the development of the City Comprehensive plan; and WHEREAS, the City of Milton completed the first two components, the Community Assessment and Community Participation Program documents, as part of the 20-year Comprehensive Plan Update; and WHEREAS, on May 28, 2008, the Georgia Department of Community Affairs and the Atlanta Regional Commission determined that the Community Assessment and the Community Participation Plan met the Local Planning compliance requirements; and WHEREAS, because of the approaching plan deadline and in the interest of moving Milton towards greater local control and self-determination as quickly and as thoughtfully as possible, the City completed a Partial Plan Update; and WHEREAS, on December 15, 2008, the Mayor and City Council approved the transmittal of the Partial Plan Update to the Georgia Department of Community Affairs and the Atlanta Regional Commission for review and consideration; and WHEREAS, on February 12, 2009, the Georgia Department of Community Affairs and the Atlanta Regional Commission determined that the Partial Plan Update met the Local Planning compliance requirements; and WHEREAS, it is required that Milton adopt the Partial Plan Update by February 12, 2010, within twelve months of the DCA and ARC approval. NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby approve; 1. The Partial Plan Update. RESOLVED this ______ day of December 2009. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________________ Jeanette R. Marchiafava, City Clerk City of Milton 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Interim Community Development Director Date: December 8, 2009 for Submission onto the December 21, 2009 Mayor and City Council Meeting Agenda Item: Resolution to adopt the 2010 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. CMO (City Manager’s Office) Recommendation: To approve the attached resolution to adopt the following: 2010 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. Background: To ensure that all the boards and commissions related to Community Development meet regularly throughout the year, new schedules need to be approved by the Mayor and City Council. Discussion: The approval of these schedules allows staff to plan and prepare for reports and recommendations that goes to each Boards or Commissions. In addition the schedules are posted so that applicants can submit their applications at the correct time. Lastly, the general public can plan to attend meetings as they deem necessary. Alternatives: There are no reasonable alternatives to this resolution. Concurrent Review: Chris Lagerbloom, City Manager Jeanette Marchiafava, City Clerk STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 09- A RESOLUTION ADOPTING THE CITY OF MILTON 2010 ZONING AND USE PERMIT SCHEDULE, ZONING MODIFICATION SCHEDULE, BOARD OF ZONING APPEALS SCHEDULE AND THE CITY OF MILTON DESIGN REVIEW BOARD SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 21st day of December, 2009 at 6:00 pm: SECTION 1. That the Rezoning and Use Permit Schedule is hereby approved as attached; SECTION 2. That the Zoning Modification Schedule is hereby approved as attached; SECTION 3. That the Board of Zoning Appeals Schedule is hereby approved as attached; SECTION 4. That the Design Review Board Schedule is hereby approved as attached; SECTION 5. That this approval be effective December 21, 2009. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 21st day of December, 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Jeanette R. Marchiafava, City Clerk 2010 City of Milton Rezoning/Use Permit Schedule Application Filing Deadline (1st Tuesday) Community Zoning Information Meeting (CZIM) 7 P.M. Design Review Board Meeting 6 P.M. Planning Commission Meeting 7 P.M. City Council (Zoning Agenda) 6 P.M. 1/05/10 1/27/10 2/2/10 2/23/10 3/15/10 2/02/10 2/24/10 3/2/10 3/23/10 4/26/10** 3/2/10 3/24/10 4/6/10 4/27/10 5/17/10 4/7/10 4/28/10 5/4/10 5/25/10 6/21/10 5/4/10 5/26/10 6/1/10 6/22/10 7/19/10 6/8/10 6/23/10 7/6/10 7/27/10 8/16/10 7/6/10 7/28/10 8/3/10 8/24/10 9/20/10 8/3/10 8/25/10 9/7/10 9/28/10 10/18/10 9/7/10 9/29/10 10/5/10 10/26/10 11/15/10 10/2/10 10/27/10 11/2/10 11/17/10*** 12/20/10 11/2/10 12/1/10*** 12/7/10 12/22/10*** 1/19/11* 12/7/10 1/5/11*** 1/4/11 1/25/11 2/23/11* * Indicates a Wednesday Meeting ** Indicates a 4th Monday based on Spring Break ***Indicates a change in normal schedule based on Holidays 2010 City of Milton Zoning Modification Schedule (City Council Agenda) 3rd Monday of the month unless otherwise indicated 6:00 P.M. Application Filing Deadline 5 P.M. (1st Tuesday) City Council (Zoning Agenda) 6 P.M. 1/05/10 2/17/10* 2/02/10 3/15/10 3/2/10 4/26/10** 4/7/10 5/17/10 5/4/10 6/21/10 6/8/10 7/19/10 7/6/10 8/16/10 8/3/10 9/20/10 9/7/10 10/18/10 10/2/10 11/15/10 11/2/10 12/20/10 12/7/10 1/19/11* * Indicates a Wednesday Meeting ** Indicates a 4th Monday based on Spring Break 2010 City of Milton Board of Zoning Appeals Schedule (3rd Tuesday) 7 P.M. Application Filing Deadline 5 P.M. (1st Tuesday) Design Review Board 6 P.M. Board of Zoning Appeals Meeting 7 P.M. (3rd Tuesday) 1/05/10 2/02/10 2/16/10 2/02/10 3/2/10 3/16/10 3/2/10 4/6/10 4/20/10 4/6/10 5/4/10 5/18/10 5/4/10 6/1/10 6/15/10 6/1/10 7/6/10 7/20/10 7/6/10 8/3/10 8/17/10 8/3/10 9/7/10 9/21/10 9/7/10 10/5/10 10/19/10 10/5/10 11/2/10 11/16/10 11/2/10 12/7/10 12/21/10 12/7/10 1/4/11 1/18/11 2010 City of Milton Design Review Board (1st Tuesday) 6 P.M. Application Filing Deadline 5 P.M. (3rd Tuesday of prior month) City of Milton Design Review Board 6 P.M. 12/15/09 1/5/10 1/19/10 2/2/10 2/16/10 3/2/10 3/16/10 4/6/10 4/20/10 5/4/10 5/18/09 6/1/10 6/15/10 7/6/10 7/20/10 8/3/10 8/17/10 9/7/10 9/21/10 10/5/10 10/19/10 11/2/10 11/16/10 12/7/10 12/21/10 1/4/11 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Director of Public Works Date: December 9, 2009 for December 21, 2009 Council meeting Agenda Item: A Resolution to Adopt the City of Milton Comprehensive Transportation Plan Background: The City of Milton began work on developing a full Comprehensive Transportation Plan (CTP) in December of 2008. The CTP charts out a path for Milton with a recommended program of projects supporting the City’s vision, stakeholder and public supported input, need and purpose, and cost considerations. Upon adoption of the CTP, City leadership will use this plan as a guide when considering policy and budget decisions. Discussion: The CTP was developed with input from the public, the Transportation Stakeholders Advisory Committee (TSAC), and City leadership. The project team of Kimley-Horn and Associates worked closely with City of Milton staff, City Council, special committees, focus groups, and public agencies in developing the CTP. A draft of the final report was presented to City Council at the work session on Monday, November 9th and the final report will be discussed at the work session on Monday, December 14th prior to the resolution for adoption of the CTP on December 21st. Legal Review: Review of Resolution – Paul Higbee, Jarrard & Davis Attachments: A Resolution to adopt the City of Milton Comprehensive Transportation Plan Exhibit “A” City of Milton Comprehensive Transportation Plan Final Report STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _________ A RESOLUTION TO ADOPT THE CITY OF MILTON COMPREHENSIVE TRANSPORTATION PLAN BE IT RESOLVED by the City Council of the City of Milton, Georgia while in Regular called Council meeting on the 21st day of December, 2009 at 6:00 p.m. as follows: SECTION 1. That the Comprehensive Transportation Plan for the City of Milton, attached hereto and incorporated herein by reference as Exhibit “A,” is hereby adopted and approved; and, SECTION 2. That all resolutions in conflict herewith are hereby repealed. SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 21st day of December, 2009. Approved: ____________________________ Mayor Attest: _____________________________ City Clerk (Seal) RESOLUTION NO. 2009-_______ STATE OF GEORGIA COUNTY FULTON A RESOLUTION TO AUTHORIZE THE USE OF THE CITY OF MILTON MUSTANG LOGO BY ATHLETIC TEAMS PLAYING AT BELL MEMORIAL PARK PURSUANT TO AGREEMENTS WITH THE CITY OF MILTON WHEREAS, the City of Milton (“Milton”) owns and operates Bell Memorial Park; and WHEREAS, Milton has entered into agreements with the Hopewell Youth Association for the use of the facilities at Bell Memorial Park for the conduct of recreational and travel baseball teams (“HYA Agreements”); and WHEREAS, Milton has developed a distinctive logo that reflects the spirit and culture of the City; and, WHEREAS, the Milton logo is the following image: WHEREAS, various teams that utilize Bell Memorial Park have requested permission to use the Milton logo on uniforms; and WHEREAS, the use of Milton’s mustang logo on the uniform of the teams operating out of Bell Memorial Park pursuant to the HYA Agreements identifies the teams as originating out of the City of Milton and projects a positive image of the resources available to Milton’s residents and otherwise fosters a spirit of community. NOW THEREFORE, BE IT RESOLVED, that the Milton City Council, as its governing authority, by adoption of this resolution, does hereby authorize the following: 1. The Hopewell Youth Association is authorized to use the City of Milton mustang logo on the uniforms of teams operating out of Bell Memorial Park pursuant to the HYA Agreements upon receipt of prior approval in writing of the proposed design by the City Manager; and 2. This grant of authority shall expire on December 31, 2010, at which time any further use of the Milton logo must be authorized by a new resolution of the City Council. 3. This grant of authority is to be strictly construed, and no team or association other than those specifically identified above may use the Milton logo for any purpose. 4. In authorizing use of the Milton logo by the above-referenced teams, the City of Milton shall not be deemed as a sponsor or partner with any team, nor shall the acts or omissions of any team or team member that utilizes the City of Milton logo be construed as actions or omissions of or on behalf of the City of Milton, its officers, employees and agents. APPROVED AND ADOPTED this ______ day of December, 2009. Approved. _________________________________ Joe Lockwood, Mayor Attest: _______________________________ Jeanette Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. 09-12- COUNTY OF FULTON A RESOLUTION STATING THE CITY OF MILTON’S OPPOSITION TO THE USE OF FULTON COUNTY GENERAL FUND MONEY ON SPECIAL SERVICE DISTRICT OPERATIONS AND SERVICES SUCH AS TRANSFERING THE NET REVENUE GENERATED FROM TRAFFIC CITATIONS ISSUED BY THE FULTON COUNTY POLICE DEPARTMENT WITHIN THE GEORGRAPHICAL BOUNDARIES OF THE SOUTH FULTON SPECIAL SERVICES DISTRICT TO THE SOUTH FULTON SPECIAL SERVICES DISTRICT FUND WHEREAS, the Georgia Delivery Strategy Act (O.C.G.A. § 36-70-24) states that funding for special service districts created by the county shall be paid by the residents and inhabitants of that special service district; and WHEREAS, the Georgia Service Delivery Strategy Act says that all County services which have a service area limited to a specific unincorporated area shall be funded by the residents of that unincorporated area; and WHEREAS, on November 4, 2009 the Board of Commissioners of Fulton County passed a resolution directing the County Manager to place the net revenues (i.e., funds remaining after the payment of mandatory fees into the General Fund) from the traffic citations issued in unincorporated South Fulton County into the South Fulton Special Services District Fund; and WHEREAS, the Board of Commissioners of Fulton County included in the aforementioned resolution that the transfer of net revenues shall be retroactive to January 1, 2007 and directed the County Manager to amend the budget to allow such transfer to the South Fulton Special Services District Fund; and WHEREAS, on December 19, 2003, Fulton County attorney Brantley, drafted an inter- office memorandum regarding whether there is any County ordinance or other legal requirement that would preclude some portion of traffic ticket fines from being deposited in the Special Services District Fund; and WHEREAS, in the aforementioned inter-office memorandum Fulton County attorney Brantley concluded that the County is precluded from depositing traffic ticket fines and forfeitures into the Special Services District Fund; and WHEREAS, on July 1, 2009, Fulton County attorney David Ware, drafted a memorandum discussing whether traffic court fees and fines collected or generated from the South Fulton Tax District that are deposited into the County’s general fund, may be transferred to the South Fulton Tax District after the mandatory fees and costs have been paid; and WHEREAS, Fulton County attorney David Ware said in his memorandum that such fines and fees must be placed in the County’s general fund and be used only for general fund purposes. He further stated that without a further amendment to state law the transfer of general fund money generated from traffic fines to the South Fulton Tax District would be illegal and improper; and WHEREAS, Fulton County is currently using money from the public works budget of the Fulton County General fund to finance the Commissioner Edwards and Sheriff Environmental Effort (C.E.A.S.E.) inmate work program which serves only unincorporated South Fulton County and which was not created by the Fulton County Board of Commissioners; and WHEREAS, a 2005 amendment to the Georgia Service Delivery Strategy Act requires Indirect Cost Analysis Studies to be performed in a timely manner each year; and WHEREAS, Fulton County has not complied with the 2005 amendment by failing to keep the appropriate records needed to complete the statutory requirements as indicated in the Fulton County Indirect Cost Analysis Study of 2006; and WHEREAS, Fulton County has not completed Indirect Cost Analysis Studies for fiscal years 2007 and 2008; and WHEREAS, Fulton County police expenses are being paid from the Fulton County General Fund yet the incorporated areas of North Fulton County, including the City of Milton, are not receiving the benefit of this since there is no Fulton County police presence in the incorporated areas of North Fulton County; and WHEREAS, Fulton County currently uses Local Option Sales Tax (L.O.S.T.) money in the Special Service Districts in South Fulton County; and WHEREAS, Fulton County uses Fulton County General Fund money for subdivision street paving in South Fulton County; and WHEREAS, Fulton County is acting in contravention to state law (2005 amendment to the Georgia Service Delivery Strategy Act) by using both L.O.S.T. and Fulton County General Fund money for subdivision street repairs in South Fulton County. NOW, THEREFORE, BE IT RESOLVED, that the City of Milton hereby directs the Board of Commissioners of Fulton County to refrain from using any funds from the Fulton County General Fund for any and all activities and/or projects in South Fulton County that have not already been approved by the state legislature; and BE IT FURTHER RESOLVED, that the City of Milton directs the City’s representative to the City and County Service Delivery Strategy to oppose any Fulton County strategy that uses County general fund money to fund special service districts’ services and operations or any other services that are exclusively or inequitably provided to the unincorporated portion of the County; and BE IT FURTHER RESOLVED, that the City of Milton hereby directs the Board of Commissioners of Fulton County to reallocate an amount equal to the aforementioned imporper and unauthorized expenditures and allocations back to the Fulton County General Fund in order to remedy such proscribed acts; and BE IT FURTHER RESOLVED, that the City of Milton hereby urges all city representatives from central and South Fulton County to adopt a similar resolution opposing Fulton County’s use of general funds fro special service districts’ services and operations. SO RESOLVED this _______ day of __________, 2009. Approved: ______________________ Joe Lockwood, Mayor Attest: ____________________________________ Jeanette R. Marchiafava, City Clerk